Case: 23-0212
23-0212
03/17/2023
Multidistrict Litigation
IN RE EASY MIX CONSTRUCTION DEFECT LITIGATION
Appellate Briefs
| Date | Event Type | Description | Remarks | Document |
|---|---|---|---|---|
| 08/04/2023 | Multidistrict Litigation Reply filed | Movant | Movants' Reply to Construction Mangers of Austin, LLC, et al.'s Responses in Opposition to Movants' Supplemental Joint Motion to Transfer field by attorney Ben Zinnecker | |
| 07/31/2023 | Multidistrict Litigation Reply filed | Movant | Reply to Plaintiff Geoffrey Scherer’s Response in Opposition to MDL Transfer and Stay filed by attorney Ernest Calvert II on behalf of Defendant Texas Lehigh Cement Company Company, LP | |
| 07/28/2023 | MDL Response to Motion for Transfer | Other than Petitioner, Respondent, Relator etc. | Moazami Homes, LLC's Response to Supplemental Joint Motion to Transfer and Motion to Stay. | |
| 07/26/2023 | MDL Response to Motion for Transfer | Other than Petitioner, Respondent, Relator etc. | Construction Mangagers of Austin, LLC's Response to Supplemental Joint Motion to Transfer and Motion to Stay. | |
| 07/21/2023 | MDL Response to Motion for Transfer | Other than Petitioner, Respondent, Relator etc. | Geoffrey Scherer's Response in Opposition to Motion for Transfer and Stay filed by attorney Lee Vickers | |
| 07/17/2023 | Multidistrict Litigation supplemental | Joint motion filed | Supplemental Joint Motion to Transfer to Multidistrict Litigation Pretrial Court and Motion to Stay All District Court Proceedings filed on behalf of Texas Materials Group by attorney Ben Zinnecker | |
| 05/16/2023 | MDL Response filed | Other than Petitioner, Respondent, Relator etc. | Defendants' Joint Response to The Public Condominium Community, Inc., et al.'s Motion to (1) Grant Partial Relief from Stay Solely for Purposes of Moving the Trial Court to Sever or Bifurcate Claims; or (2) Sever Claims in this Forum filed on behalf of Defendants Fun N' Sun Pools of Austin, Inc., et al. by attorney Clayton E. Devin | |
| 05/08/2023 | Multidistrict Litigation Reply filed | Movant | Movants' Reply in Support of Joint Motion to Transfer filed on behalf of Texas Materials Group by attorney Ben Zinnecker | |
| 05/01/2023 | Multidistrict Litigation Filing | Other than Petitioner, Respondent, Relator etc. | The Public Condominium Community, Inc. and the Trustee for the Public Condominium Property Irrevocable Trust's Amended Conferral to Motion for Relief from Stay or Severance filed by attorney Mari K. Perczak | |
| 04/10/2023 | MDL Response to Motion for Transfer | Respondent | Public Condominium Community, Inc., et al.'s Response to Motion to Transfer filed by attorney Mari Perczak | |
| 04/10/2023 | MDL Response to Motion for Transfer | Respondent | CPH Structural Engineering, Inc.'s Response to the Joint Motion to Transfer filed by attorney Michael Gerstle | |
| 04/07/2023 | MDL Response to Motion for Transfer | Respondent | Motion to Remand and Objection to MDL Transfer filed on behalf of James S. Nix, et al. | |
| 04/06/2023 | MDL Response to Motion for Transfer | Respondent | Aquatic Reflections, Inc.'s Response to Joint Motion to Transfer MDL and Motion to Stay filed by attorney Mari Bryn Dowdy | |
| 04/06/2023 | MDL Response to Motion for Transfer | Respondent | Joint Opposition to Joint Motion to Transfer to MDL Pretrial Court and Motion to Stay All District Court Proceedings filed on behalf of Meritage Homes of Texas, LLC, et al. by attorney Jeff Hobbs | |
| 03/17/2023 | Multidistrcit Litigation Motion to Transfer | Movant | Joint Motion to Transfer to Multidistrict Litigation Pretrial Court and Motion to Stay All District Court Proceedings filed on behalf of Texas Materials Group, Inc., Travis Materials Group, LTD., Texas Lehigh Cement Company, L.P. and Easy Mix Concrete Services, LLC |
Case Events
| Date | Event Type | Disposition | Remarks | Document | ||||
|---|---|---|---|---|---|---|---|---|
| 08/07/2023 | Appointment of Pretrial Judge | Order issued stating: "We appoint Judge Jan Soifer as the Pretrial Judge and designate the 345th Judicial District Court of Travis County, Texas, as the MDL Pretrial Court." |
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| 08/07/2023 | Multidistrict Litigation Motion to Transfer disposed | Filing granted | Order Issued stating: "We grant the Motion to Transfer. We limit the scope of the MDL transfer to the cases listed in the Motion to Transfer Appendix A, the Supplemental Motion to Transfer Appendix A, and any “tag-along cases.”" | | ||||
| 08/04/2023 | Multidistrict Litigation Reply filed | Movants' Reply to Construction Mangers of Austin, LLC, et al.'s Responses in Opposition to Movants' Supplemental Joint Motion to Transfer field by attorney Ben Zinnecker | ||||||
| 07/31/2023 | Multidistrict Litigation Reply filed | Reply to Plaintiff Geoffrey Scherer’s Response in Opposition to MDL Transfer and Stay filed by attorney Ernest Calvert II on behalf of Defendant Texas Lehigh Cement Company Company, LP | ||||||
| 07/28/2023 | MDL Response to Motion for Transfer | Moazami Homes, LLC's Response to Supplemental Joint Motion to Transfer and Motion to Stay. | ||||||
| 07/26/2023 | MDL Response to Motion for Transfer | Construction Mangagers of Austin, LLC's Response to Supplemental Joint Motion to Transfer and Motion to Stay. | ||||||
| 07/21/2023 | MDL Response to Motion for Transfer | Geoffrey Scherer's Response in Opposition to Motion for Transfer and Stay filed by attorney Lee Vickers | ||||||
| 07/17/2023 | Multidistrict Litigation supplemental | Supplemental Joint Motion to Transfer to Multidistrict Litigation Pretrial Court and Motion to Stay All District Court Proceedings filed on behalf of Texas Materials Group by attorney Ben Zinnecker | ||||||
| 07/12/2023 | Motion before the MDL Panel disposed | Filing granted | MDL Order stating: "The Multidistrict Litigation Panel reviewed and GRANTED the Unopposed Motion to Grant Partial Relief from Stay Solely for Purpose of Motion to Withdraw as Counsel for Carlos Rodriguez d/b/a Rodriguez Plumbing, filed May 10, 2023, by John S. Kenefick, Jason M. Jung, Jamie E. Modelo, and the law firm of Macdonald Devin Madden Kenefick Harris, P.C." (7/12/2023 5:09:43 PM) 23-0212 Order Granting Motion Issued 07-12-23.pdf |
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| 05/30/2023 | Multidistrict Litigation notice received | Defendant's Texas Materials Group, Inc.'s Notice of Appearance filed by attorney Samantha C. Jeffers | ||||||
| 05/24/2023 | Multidistrict Litigation notice received | Notice of Firm Name Change filed on behalf of Easy Mix Concrete Services, LLC. | ||||||
| 05/16/2023 | MDL Response filed | Defendants' Joint Response to The Public Condominium Community, Inc., et al.'s Motion to (1) Grant Partial Relief from Stay Solely for Purposes of Moving the Trial Court to Sever or Bifurcate Claims; or (2) Sever Claims in this Forum filed on behalf of Defendants Fun N' Sun Pools of Austin, Inc., et al. by attorney Clayton E. Devin | ||||||
| 05/10/2023 | Multidistrict Litigation Motion | John S. Kenefick, et al.'s Unopposed Motion to Grant Partial Relief from Stay Solely for Purpose of Motion to Withdraw as Counsel for Carlos Rodriguez d/b/a Rodriguez Plumbing filed by attorney John Kenefick | ||||||
| 05/08/2023 | Multidistrict Litigation Reply filed | Movants' Reply in Support of Joint Motion to Transfer filed on behalf of Texas Materials Group by attorney Ben Zinnecker | ||||||
| 05/01/2023 | Multidistrict Litigation Filing | The Public Condominium Community, Inc. and the Trustee for the Public Condominium Property Irrevocable Trust's Amended Conferral to Motion for Relief from Stay or Severance filed by attorney Mari K. Perczak | ||||||
| 05/01/2023 | Motion before the MDL Panel disposed | Filing granted | Second Motion for Extension of Time to File Reply in Support of Motion to Transfer granted. The reply is due May 8, 2023. |
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| 04/28/2023 | Multidistrict Litigation Motion | Second Motion for Extension of Time to File Reply in Support of Motion to Transfer filed on behalf of Texas Materials Group, Inc., et al. by attorney Ben Zinnecker | ||||||
| 04/27/2023 | Call received | Paralegal called to ask what the deadline, if any, is for responding to the April 21, 2023 motion to bifurcate. Informed caller that TRAPs provide, in general, that motions should not be acted upon for 10 days. | | |||||
| 04/21/2023 | Multidistrict Litigation Motion | Public Condominium Community, Inc. and the Trustee for the Public Condominium Property Irrevocable Trust's Motion to (1)Grant Partial Relief from Stay Solely for Purposes of Moving the Trial Court to Sever or Bifurcate Claims; or (2)Sever Claims in this Forum filed by attorney Mari K. Perczak | ||||||
| 04/17/2023 | Motion before the MDL Panel disposed | Filing granted | Motion for Extension of Time to File Reply in Support of Motion to Transfer granted. The reply is due May 1, 2023. |
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| 04/14/2023 | Multidistrict Litigation Motion | Motion for Extension of Time to File Reply to Responses filed on behalf of Texas Materials Group, Inc., et al. filed by attorney Ben Zinnecker | ||||||
| 04/10/2023 | MDL Response to Motion for Transfer | Public Condominium Community, Inc., et al.'s Response to Motion to Transfer filed by attorney Mari Perczak | ||||||
| 04/10/2023 | MDL Response to Motion for Transfer | CPH Structural Engineering, Inc.'s Response to the Joint Motion to Transfer filed by attorney Michael Gerstle | ||||||
| 04/07/2023 | MDL Response to Motion for Transfer | Motion to Remand and Objection to MDL Transfer filed on behalf of James S. Nix, et al. | ||||||
| 04/06/2023 | MDL Response to Motion for Transfer | Aquatic Reflections, Inc.'s Response to Joint Motion to Transfer MDL and Motion to Stay filed by attorney Mari Bryn Dowdy | ||||||
| 04/06/2023 | MDL Response to Motion for Transfer | Joint Opposition to Joint Motion to Transfer to MDL Pretrial Court and Motion to Stay All District Court Proceedings filed on behalf of Meritage Homes of Texas, LLC, et al. by attorney Jeff Hobbs | ||||||
| 04/05/2023 | MDL Motion to Stay disposed | Filing granted | Order Issued stating: "The Motion to Stay of All Trial Court Proceedings, filed March 17, 2023, by Movants Easy Mix Concrete Services, LLC, et al. is granted. All trial court proceedings in the cases listed in the Appendix A of the Motion to Transfer are stayed until further order of the MDL Panel." (4/5/2023 4:00:35 PM) 23-0212 Order Issued 04-05-23.pdf |
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| 03/17/2023 | Motion to Stay filed before the MDL Panel | Motion to Stay All District Court Proceedings, incorporated within Motion to Transfer, filed on behalf of Texas Materials Group, Inc., Travis Materials Group, LTD., Texas Lehigh Cement Company, L.P. and Easy Mix Concrete Services, LLC | ||||||
| 03/17/2023 | Multidistrcit Litigation Motion to Transfer | Joint Motion to Transfer to Multidistrict Litigation Pretrial Court and Motion to Stay All District Court Proceedings filed on behalf of Texas Materials Group, Inc., Travis Materials Group, LTD., Texas Lehigh Cement Company, L.P. and Easy Mix Concrete Services, LLC |
Calendars
| Set Date | Calendar Type | Reason Set | Remarks |
|---|---|---|---|
No Calendar. | |||
Parties
| Party | PartyType | Representative |
|---|---|---|
| Texas Materials Group, Inc. | Movant | Samantha Jeffers Benjamin Zinnecker |
| Easy Mix Concrete Services, LLC | Movant | Mr. Scott G. Ball |
| MDL Plaintiffs | Respondent | Mr. Anthony Fred Ciccone |
Court of Appeals Information:
Trial Court Information