| Orders |
Description |
|
12/18/09 [#19481] |
The Court granted the "Motion to Dismiss the Sewerage and Water Board
Without Prejudice" filed on behalf of the LEVEE PSLC (Doc.
19275). Using the standard applicable to a Rule 41(a)(2) motion to
dismiss without prejudice, the Court concluded that the plaintiffs’
motion was not filed at a late stage in the proceedings and that
dismissal of plaintiffs’ claims against the Sewerage and Water Board
would not cause the Sewerage and Water Board to suffer plain legal
prejudice. |
09/08/09 [#19255]
09/09/09 [#19256] |
The Court granted the Motion filed by the Settling Plaintiffs and
Settling Defendants to the effect that the funds resulting from the
insurance proceeds tendered by St. Paul Fire and Marine Insurance
Company on behalf of the Settling Defendants (Doc.
16647), the Lake Borgne Basin Levee District, the Lake Borgne
Basin Board of Levee Commissioners, the East Jefferson Levee District,
the East Jefferson Levee District Board of Commissioners, the Orleans
Levee District, and the Orleans Levee District Board of Commissioners
is a limited fund. The Court gave final approval to the Class Action
Settlement Agreement which is attached to the Final Order and
Judgment. In the Final Order and Judgment, the Court authorized the
appointment of a Special Master to determine the distribution of the
proceeds in the event the Judgment becomes final after appeal. Also,
the Court stayed all pending actions against the Settling Defendants
in Federal and State Court. |
|
08/10/09 [#19207] |
The Court issued its Order requiring that all individual Plaintiffs in
the Insurance umbrella must refile their claims as an individual suit
by September 10, 2009. These cases will be realloted at random among
the judges of the Court. On or after September 14, 2009, Judge Duval
will then dismiss all claims within the Insurance umbrella while the
individual cases proceed. |
|
08/06/09 [#19205]
|
The Court issued its Order and Reasons denying Plaintiffs' Motion for
Reconsideration (Doc. 19079) and granting
Defendant Insurers' Motion to Sever (Doc. 19083)
in the Insurance umbrella of In re Katrina. Plaintiffs' Motion
for Reconsideration sought reversal of the Court's prior order dated
June 16, 2009 that struck Plaintiffs' class allegations (Doc.
19005). |
|
06/16/09 [#19005] |
Order and Reasons entered granting Defendant Insurers' Motion to
Strike Class Allegations (Doc. 16711). The
Court determined that Plaintiffs' Motion for Class Certification (Doc.
3413) did not propose a class action that could fulfill the
predominance requirement of Federal Rule of Civil Procedure 23(b)(3).
The Court determined that Defendants were not required by law to
provide notice to any potential plaintiffs that class certification
had been denied. The Court also dismissed any claims seeking recovery
under flood exclusion clauses, and all claims pursuant to the
Louisiana Valued Policy Law. |
|
06/9/09 [#18977] |
Order and Reasons entered denying the United States' Motion to Strike
Class Allegations. The United States had opposed MRGO Plaintiffs'
Motion for Class Certification on the basis that no class action may
be maintained against the United States under the Federal Tort Claims
Act ("FTCA") (Doc. 8284). This Court
construed this opposition as a motion to strike class allegations in
order to specifically address the issue of whether a class action can
be brought against the United States under the FTCA. The Court found
that the class, as framed by the Plaintiffs, could be maintained
because it included only those plaintiffs who had already filed
administrative claims with the U.S. Army Corps of Engineers. |
|
05/21/09 [#18852] |
Order and Reasons entered denying Barge Plaintiffs' Motion for Class
Certification (Doc. 15549). The Court
determined that the proposed class action did not fulfill the
predominance requirement and the superiority requirement of Federal
Rule of Civil Procedure 23(b)(3). |
|
03/31/09[#18434] |
Pre-Trial Conference Minute Entry |
|
03/20/09[#18212] |
Order and Reasons denying Plaintiffs’ Motion for
Partial Summary Judgment (Doc. 16510) and
Defendant United States’ Renewed Motion to Dismiss or, in
the Alternative, for Summary Judgment (Doc.
16511) which concerned the application of the Discretionary
Function Exception to the Corps actions with respect to the MRGO. |
03/5/09 [#18033]
|
Order and Reasons entered denying the State of Louisiana's Motion to
Sever and Remand (Doc. 16480) and granting
in part and denying in part defendant Insurance Companies' Motion to
Dismiss (Doc. 16493). The Court found that
the Road Home Limited Assignment/Subrogation Agreements that were
executed by grant recipients were valid under Louisiana law, and
therefore the State could assert contract-based claims against
recipients' insurers; however, the Court concluded that the State
could not bring any extra-contractual claims against the insurers.
Also, the Court held that it would be inappropriate to sever the
State's subrogated claims and remand them to state court because of
the difficulties in conducting simultaneous litigation regarding the
same claims.
|
|
12/19/08 [#16811] |
A supplementary Stay Order was entered with respect to the
LEVEE/MRGO Levee District Settlement. |
|
12/15/08[#16721] |
An Order of Preliminary Certification of a Settlement Class,
Preliminary Approval of Proposed Settlement and Stay of Certain Claims
and Actions was entered in the LEVEE and MRGO sub-categories. The
Court found preliminarily that this settlement was consistent with a
limited fund class action settlement under Fed. R. Civ. P. 23(b)(1)(B)
with the fund consisting of all of the insurance proceeds available to
all of the levee districts that were sued in this litigation. The
Certification Hearing was set for April 2, 2009 at 10:00 a.m.
with a Fairness Hearing to follow immediately thereafter.
Objections to certification and/or fairness were ordered to be filed
in writing no later than March 13, 2009. |
|
12/15/08 [#16723] |
Order and Reasons granting the Motion for Summary Judgment filed by
Washington Group International, Inc. (Doc. 15861) finding that the
three prerequisites for the application of the government contractor
defense were met. |
|
09/29/08[#15515] |
Order granting in part and denying in part Motion to Dismiss Counts
Two and Three of Amended Complaint filed in Robinson. Count 2
denominated as one brought pursuant to "Strict Liability" alleged that
the Corps was liable pursuant to La. Civ. Code 2317 based on its "garde"
of the MRGO. Count 3 alleged negligent supervision and vicarious
liability for activities of a third-party contractor Washington Group
International ("WGI") undertaken in the East Bank Industrial Area ("EBIA").
The Court denied the motion with respect to Count 2 finding that while
it is denominated as a claim in strict liability, under Louisiana law,
it is a claim in essence that invokes another theory of negligence and
thus recognizable under the FTCA. As to Count 3, the Court found these
claims to be time barred and granted the motion in that regard. |
|
8/13/08 [#14450] |
Order and Reasons on the Motion of State Farm and Casualty Company and
Certain Other Insurers Defendants to Disqualify Plaintiff’s Private
Counsel. (Doc. 10937) The Court found that there was no conflict of
interest; however, it ordered the Louisiana Attorney General to comply
with statutory requirements for the retention of private counsel. The
Court ordered the Attorney General to submit certification of such
compliance within 45 days. Eventually, the State determined to pursue
the claim without aid of outside counsel. |
|
08/11/08[#14402]
|
Order and Reasons concerning mass joinder cases filed by the Hurricane
Legal Center. (See Doc. 12856 and
Doc. 12857) The Court determined that
the Motion to Vacate the Court’s dismissal of the Acevedo I and
Abrams cases were without basis. It further found that the
Motion for Appeal of Denial of Leave to amend to be unavailing as
well. The Court noted that the amended complaints sought to be filed
sought to recast the claims of all of the hundreds of plaintiffs as
being "caused by wind and wind driven rain alone" which was in direct
contravention of the judicial admissions made in the original
complaints. Furthermore, the Court found that the original complaints
, albeit inartfully, stated a claim for failure to pay adequately wind
damage claims. Furthermore, it found based on the Post- Sher CMO, that
all claims for failing to pay for flood damage were dismissed. (Doc.
14402) |
|
05/02/08[#12946]
|
Ruling on United States' Motion to Dismiss
Lafarge North America Inc.s Third-Party Complaints (Doc.
7730)and Motion to Dismiss, Motion for Summary Judgment in the Robinson
matter (Doc. 10378) and
he Robinson Motion for Summary Judgment Adjudication Concerning
Defendant United States Second Affirmative Defense of Immunity Under
33 U.S.C. § 702 was denied as there are questions of fact (Doc.
10337)
finding that the United States' motions were denied in so far as the
United States is not immune for damages caused by defalcations that
are extrinsic to the Lake Pontchartrain and Vicinity Hurricane
Protection Project. The plaintiffs' motion was denied as there are
questions of material fact. |
|
02/29/08[#11474] |
Order granting the Motion to Expedite (Doc.
11382); granting in part and denying in part the Motion for
Extension of Deadlines (Doc. 11381) -
Granted insofar as the deadline for the production of documents is
extended from February 29, 2008 to March 20, 2008 and the deadline for
Fact and Witness Lists is extended from March 20, 2008 to March 31,
2008. |
|
02/27/08[#11439] |
Order that Liaison Counsel shall contact Judge Africk's Chambers
directly to set a conference to begin settlement discussions.
Counsel shall effect such a call no later than February 29, 2008. |
|
02/22/08[#11357]
|
Order and Reasons denying Mr. Ashton O'Dwyer's Motion for
Disqualification or Recusal of Judge Duval From Victims of Katrina
Litigation for Personal bias, Prejudice and Partiality (Doc.
10910) and ordering him to provide a copy of the Court's Order and
Reasons to each of his named clients and to file into the record a
sworn affidavit certifying that he has complied with this order. |
|
02/04/08[#11099] |
Notice from the United States Court of Appeals for the Fifth Circuit
granting leave to appeal this Court’s decision of November 14, 2007
denying remand of the Road Home suit based on the provisions of the
MMTJA (See Doc. 8319 and entry for 11/14/07). The appeal was granted
under 28 U.S.C. § 1453 and established an expedited briefing schedule
with a deadline of April 4, 2008 under the statute for the 5th
Circuit to rendered its opinion. (Doc. 11099) |
|
01/30/08 [#10984] |
Order and Reasons denying in part and granting in part the United
States’ Motion to Dismiss Counts I-II and V-VII of the Superseding
Master Consolidated Class Action Complaint and to Strike the Remaining
Counts (Doc. 6380) finding that the United States Corps of Engineers
is immune from suit for the damages caused by the breaches of the
floodwalls at the 17th Street, Orleans Avenue and London
Avenue canals based on the immunity granted by § 702c of the Flood
Control Act of 1928. The allegations concerning the Industrial Canal
are to be lodged in the Master Complaint concerning MRGO. |
|
01/23/08[#10837] |
Minutes from Court proceedings wherein the Court denied Motions to
Dismiss filed by the Sewerage and Water Board of New Orleans
(Doc. 9910, 10037,
10039, 10041,
10043, 10115) and by the Board of
Commissioners of the East Jefferson Levee District (Doc. 10201). They
sought to dismiss the subject cases as being prescribed by virtue of
filing these suits after the prescriptive date in spite of the pendency of timely filed class actions. (Doc. 10837) . A written order
was entered on February 11, 2008. (Doc. 11153). Transcript for reasons
can be found at Doc. 11247. |
|
12/27/07[#9858] |
Order and Opinion granting in part and denying in part the Public Belt
Railroad Commission for the City of New Orleans’ Motion to Dismiss the
Claims of the Plaintiffs Pursuant to F.R.C.P. Rule 12(b)(6) (Doc.
3609, 3360 and
3029) which concerned flooding. The only claim which
survived this motion concerned the Public Belt Railroad negligence in
connection with a September 10, 2004 train derailment which damaged
part of the flood protection system. (Doc. 9858) |
|
12/27/07[#9856] |
Order and Opinion granting CSX Transportation, Inc.’s Motion to Dismiss
(Doc. 3621) allegations contained in the Superseding Master
Consolidated Class Action Complaint concerning flooding which
occurred due to the allegedly faulty design of a railroad crossing at
or near the Industrial Canal’s flood protection structures. |
|
12/27/07[#9855] |
Order dismissing as moot A previously filed motion by CSX
Transportation, Inc. (Doc. 3099) which was superseded with the filing
of the Master Consolidated Class Action Complaint. |
|
11/27/07[#9237] |
Order and Reasons denying Washington Group International, Inc.’s
Motion to Dismiss (Doc. 4140) in which it sought dismissal from the MRGO Master Consolidated Class Action Complaint in which plaintiffs
alleged that it performed certain work pursuant to a contract with the
Army Corps of engineers which caused the collapse of a flood wall
which protected the Lower Ninth Ward and St. Bernard Parish. |
|
11/26/07[#9227] |
Minute Entry concerning a status conference which was held concerning
the course of action the Court should take in light of the decision
rendered by the Fourth Circuit Court of Appeal for the State of
Louisiana in Joseph Sher v. Lafayette Ins. Co., et al., 2007
CA-0757, November 19, 2007. Recognizing that it is direct conflict
with the Fifth Circuit’s decision reversing this court on certain
insurance coverage issues and that said issue is one which will
ultimately be decided by the Louisiana Supreme Court, the Court denied
the entry of final judgment on the Fifth Circuit ruling (Docs.
8051
and 9073) and denied the defendants’ Joint Motion To: (1) Modify the
Court’s May 1, 2006 Consolidation Order; and (2) Deconsolidate and/or
Sever Cases Within the Insurance Umbrella (Doc. 7759). |
|
10/12/07 [#8389] |
Order and Reasons granting a Motion for Judgment on the Pleadings
(Doc. 5522) filed by the Board of Commissioners for the Port of New
Orleans to dismiss claims brought in the Levee cases on the part of
the Dock Board with respect to the levee and/or flood gate failures
along the Inner Harbor Navigation Canal. |
|
11/14/07[#9314] |
Minutes from proceedings where Court orally order denied Motion to
Remand the Road Home suit which had been removed based on CAFA and the
MMTJA. The transcript is found as Doc. 9066. The written order denying
same linked here was entered on December 3, 2007. |
|
08/29/07 [#7350] |
Order and Reasons granting the Untied States' Motion to Strike
Admiralty Claims [Doc. 5855] recognizing
that all claims against the United States brought by plaintiffs shall
be pursued under the Federal Tort Claim Act as the allegations of the
complaint do not support admiralty jurisdiction under the Admiralty
Extension Act. |
|
07/02/07 [#6194] |
Court denied United States' motion for Certificate of Appealability [Doc.
2994] |
|
06/29/07 [#6175] |
Order and Reasons Concerning Various Engineers' and Contractors'
Motions to Dismiss, including finding that the 17th Street Canal, the
Orleans Avenue Canal, and the London Avenue Canal are not navigable
waterways giving rise to admiralty jurisdiction . |
|
03/15/07 [# 3408] |
Robinson Case Mangaement Order No. 1 for Robinson, et al. v. the
United States, et al., C.A. No. 06-2286. |
|
03/09/07 [# 3365] |
Order and Reasons concerning Motions to Dismiss the Dredging
Defendants in Reed C. A No. 06-2152 and Ackerson,
06-4066 and the United States in Reed , C.A. No. 06-2152 . |
03/01/07 [3299]
04/17/07 [#3783]
04/17/07 [#3776]
04/26/07 [#3989] 05/23/07 [#5250]
05/29/07 [#5392] 06/13/07 [#5558] |
Case Management Order No. 4 entered. See Current Developments for
explanation. Amendment #1 (Granting Doc. 3419 filed
04/15/07)
Amendment #2 (Granting Doc. 3427 filed 03/16/07)
Amendment #3 (Granting Doc. 3582 filed 03/28/07)
Amendment #4 (Granting Doc. 5148 filed 05/22/07)
Amendment #5 (Granting Doc. 5190 filed 05/23/07)
Amendment #6 (Granting Doc. 5543 filed 06/12/07) |
|
02/02/07 [#2994] |
Order and Reasons denying Motion to Dismiss filed by
the United States in Robinson. |
|
12/29/06 [#2423] |
Order and Reasons denying Motion to Dismiss filed by the Orleans Levee
District and the Sewerage and Water Board (Doc.
573) |
|
12/29/06 [#2422] |
Order and Reasons denying Sewerage and Water Board's Motions to
Dismiss (Doc. 563) |
|
12/08/06 [#2142] |
Motion for Summary Judgment for Contractors based on peremption was
granted on December 8, 2006 |
|
12/08/06 [#2148] |
Motion for Summary Judgment for Engineers based on peremption was
granted on December 8, 2006 |
|
10/27/06 [#1469] |
Minutes of 10/27 a.m. Oral Argument on Army Corps of Engineers
Immunity for Damages Caused by MRGO |
|
10/27/06 [#1554] |
Minutes of 10/27 p.m. Oral Argument on Insurance Coverage--Water
Damage Exclusion (Chehardy, Xavier, and Humphreys) |
|
09/22/06 [#1231] |
Order and Reasons - Motion to Dismiss defendant State of Louisiana (O'Dwyer,
Kirsch, Tauzin) |
|
09/13/06 [#1133] |
Order and Reasons - Motion to Dismiss defendant City of new Orleans |
|
08/28/06 [#1029] |
Order setting 10/27 oral argument and Opposition Deadlines |
|
08/28/06 [#1027] |
Order re Vanderbrook supplemental briefing |
|
08/25/06 [#1232] |
Minutes of 8/25 oral argument on Peremption Motions with Respect to
the 17th St. Canal and Vanderbrook |
|
08/09/06 [#888] |
Order and Reasons - Motion to Remand re: Laurendine |
|
07/19/06 [#789] |
Judgment - Motion to Dismiss re: O’Dwyer 05-4181 |
|
07/19/06 [#788] |
Order and Reasons - Motion to dismiss re: O’Dwyer 05-4181 |
|
06/28/06 [#702] |
Minutes of 6/28 Oral Argument - Motion to Sever and Proceed Separatey
by Allstate |
|
06/28/06 [#722] |
Transcript of 6/28 Oral Argument - Motion to Sever and Proceed
Separatey by Allstate |
|
06/13/06 [#551] |
Order and Reasons denying Motion for Reconsideration of Magistrate
Judge’s Order re: Leave to File 12th Amending Complaint in O'Dwyer
05-4181 |
|
06/02/06 [#476] |
Order and Reasons granting Motion to Sever/Remand Orleans Levee
District -- Harvey 05-4568 |
|
06/01/06 [#469] |
Order and Reasons granting Motion to Sever/Remand Orleans Levee
District -- Vanderbrook |
|
05/24/06 [#479] |
5th Circuit order denying Petition for mandamus re: recusal |
|
05/10/06 [#316] |
Order correcting typographical error in Document 285 |
|
05/10/06 [#320] |
Order and Reasons affirming Document 71, Magistrate Judge’s Order re
Leave to File 12th Amending Complaint in O'Dwyer 05-4181 |
|
05/04/06 [#285] |
Order and Reasons denying Motion to Disqualify Judge Duval |
|
04/19/06 [#198] |
Minutes of 4/19 oral argument including Motion to Recuse Judge Duval
(Docs. 61 and Docs. 63) |
|
03/28/06 [#56] |
Order denying Motion to Disqualify District and Magistrate Judges en
banc |
