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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

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IN RE: CHINESE-MANUFACTURED DRYWALL PRODUCTS LIABILITY LITIGATION

CIVIL DOCKET NO. 09-MD-2047 "L" NEW ORLEANS, LOUISIANA

WEDNESDAY, OCTOBER 23, 2019, 9:00 A.M.

THIS DOCUMENT RELATES TO ALL CASES

***************************************************************

TRANSCRIPT OF MONTHLY STATUS CONFERENCE PROCEEDINGSHEARD BEFORE THE HONORABLE ELDON E. FALLON

UNITED STATES DISTRICT JUDGE

APPEARANCES:

FOR THE PLAINTIFFS'LIAISON COUNSEL: HERMAN HERMAN KATZ

BY: LEONARD A. DAVIS, ESQUIRESTEPHEN HERMAN, ESQUIRE

820 O'KEEFE AVENUENEW ORLEANS, LA 70113

LEVIN, FISHBEIN, SEDRAN & BERMANBY: SANDRA L. DUGGAN, ESQUIRE510 WALNUT STREET, SUITE 500 PHILADELPHIA, PA 19106

Case 2:09-md-02047-EEF-MBN Document 22352 Filed 10/31/19 of 22

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APPEARANCES CONTINUED:

GAINSBURGH BENJAMIN DAVID MEUNIER AND WARSHAUERBY: GERALD E. MEUNIER, ESQUIRE2800 ENERGY CENTRE1100 POYDRAS STREET, SUITE 2800NEW ORLEANS, LA 70163

COLSON HICKS EIDSONBY: PATRICK S. MONTOYA, ESQUIRE225 ALHAMBRA CIRCLE, PENTHOUSECORAL GABLES, FL 33134

LAMBERT & NELSONBY: CAYLE PETERSON, ESQUIRE 701 MAGAZINE STREETNEW ORLEANS, LA 70130

FOR THE STATE/FEDERAL COORDINATION COMMITTEE: LAW OFFICES OF RICHARD J. SERPE

BY: RICHARD SERPE, ESQUIRE 580 EAST MAIN STREET, SUITE 310NORFOLK, VA 23510

FOR TAISHAN GYPSUM CO., LTD, AND TAI'AN TAISHAN PLASTERBOARD CO., LTD.: ALSTON & BIRD

BY: CHRISTINA H. EIKHOFF, ESQUIREONE ATLANTIC CENTER 1201 WEST PEACHTREE STREETATLANTA, GA 30309


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FOR THE KNAUFLIAISON COUNSEL: BAKER DONELSON BEARMAN

CALDWELL & BERKOWITZBY: KERRY J. MILLER, ESQUIRE201 ST. CHARLES AVENUE, SUITE 3600NEW ORLEANS, LA 70170

FOR THE TAISHAN, BNMB ENTITIES AND CNBM ENTITIES LIAISON COUNSEL: PHELPS DUNBAR

BY: HARRY ROSENBERG, ESQUIRE 365 CANAL STREET, SUITE 2000NEW ORLEANS, LA 70130

FOR TAISHAN GYPSUM CO., LTD, AND TAI'AN TAISHAN PLASTERBOARD CO., LTD.: ALSTON & BIRD

BY: CHRISTINA H. EIKHOFF, ESQUIREBERNARD TAYLOR, SR., ESQUIRE

ONE ATLANTIC CENTER 1201 WEST PEACHTREE STREETATLANTA, GA 30309

ALSTON & BIRDDAVID VENDERBUSH, ESQUIRE90 PARK AVENUE, 15TH FLOORNEW YORK, NY 10016


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CHINA NATIONAL BUILDING MATERIALS GROUP CORPORATION AND CHINA NATIONAL BUILDING MATERIALS COMPANY LIMITED (COLLECTIVELY, “CNBM”): GORDON, ARATA, MCCOLLAM,

DUPLANTIS & EAGANBY: EWELL E. EAGAN, JR., ESQUIRE

DONNA P. CURRAULT, ESQUIREALEX B. ROTHENBERG, ESQUIRE

201 ST. CHARLES AVENUE, 40TH FLOORNEW ORLEANS, LA 70170

ALSO PRESENT: JACOB WOODY, BROWNGREERSARAH OLSON, PLAINTIFF

OFFICIAL COURT REPORTER: CATHY PEPPER, CRR, RMR, CCRCERTIFIED REALTIME REPORTERCERTIFIED MERIT REPORTER500 POYDRAS STREET, ROOM B406NEW ORLEANS, LA 70130(504) 589-7779 [email protected]

PROCEEDINGS RECORDED BY MECHANICAL STENOGRAPHY. TRANSCRIPT PRODUCED BY COMPUTER.


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I N D E X

PAGE

FAIRNESS HEARING ON DECEMBER 11TH, 2019.............. 10

INITIAL PAYMENT UNDER THE SETTLEMENT HAS BEEN FULLY

MADE BY TAISHAN...................................... 11

LONG FORM NOTICE WAS MAILED TO EVERY SINGLE KNOWN

CLASS MEMBER......................................... 11

ESTIMATE LETTERS WERE SENT BY BROWNGREER TO EVERY

PLAINTIFF ON THE MASTER SPREADSHEET.................. 11

CLASS COUNSEL HAS SET UP A SETTLEMENT WEBSITE,

CHINESEDRYWALLSETTLEMENT.COM, AND A CALL CENTER...... 11

UPDATED MASTER SPREADSHEET BY THE END OF THE MONTH... 13

NEXT CONFERENCE IS NOVEMBER 22ND, 2019 .............. 16


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P-R-O-C-E-E-D-I-N-G-S

WEDNESDAY, OCTOBER 23, 2019

M O R N I N G S E S S I O N

(COURT CALLED TO ORDER)

THE DEPUTY CLERK: All rise.

THE COURT: Be seated, please. Good morning, ladies

and gentlemen.

VOICES: Good morning, Judge.

THE COURT: Let's call the case.

THE DEPUTY CLERK: MDL 2047, In re: Chinese

Manufactured Drywall Products Liability Litigation.

THE COURT: Would counsel make their appearance for the

record, please.

MR. ROSENBERG: Good morning, Judge Fallon.

Harry Rosenberg, liaison counsel for Taishan, BNBM, and CNBM.

MR. DAVIS: Good morning, Your Honor. Leonard Davis on

behalf of the Plaintiffs' Steering Committee.

THE COURT: We're here today for our monthly status

conference. The case initially started with numbers of

plaintiffs against numbers of defendants. The unusual factor

in this particular case is that I had about 20,000 individual

claimants, which is not necessarily unusual or unwieldy, but in

this particular case I had a thousand defendants, which is


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unusual for this type of litigation.

In any event, the two types of defendants that

were involved in the case were manufacturers, and they were

grouped into the Chinese manufacturers and the German

manufacturers. The case proceeded against the German

manufacturers, Knauf, first, and it was resolved, settled, so

they are no longer in the case, with the potential exceptions

of one or two individual cases.

The case then proceeded with vigor against the

Chinese defendants, Taishan and others, and the case proceeded.

There were trials and so forth, both state and federal, and the

parties reached an agreement not too long ago. It's a

class-action settlement agreement, and that's where we are at

this particular point.

I had received a number of letters from

individuals -- individual people, not lawyers -- questioning

various aspects of it, and perhaps I should at least address

what the concept is as best, at least, I can.

Let me say a word about class actions. Maybe the

complexity of society, nationwide sales, opportunities of goods

and material, instantaneous communication, and perhaps even

lawyer advertising, this has brought about a situation where

the traditional case, the traditional common-law case of one

plaintiff, one defendant has morphed into numbers of plaintiffs

and sometimes numbers of defendants. Therefore, some vehicle


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had to be established legislatively and enforced judicially to

deal with this situation where you had multiple plaintiffs,

20,000 individual plaintiffs, with a thousand lawyers, or

thereabouts, filing suit.

The traditional method of one plaintiff, one

defendant -- one lawyer for the plaintiff, one lawyer for the

defendant -- wasn't a vehicle that was able to be handled;

therefore, legislatively a method of dealing with that type of

litigation was created, and it was called a class action.

It was adopted in the Federal Rules of Civil

Procedure 23 to create a class action which created a method of

dealing with litigation that involved multiple parties on at

least one side of the case. In order to qualify as a class

action, you had to have some commonality. It just wasn't the

fact that you had a case, you had to have some commonality, and

those commonalities had to preponderate in order for you to

have an opportunity to join together as a class.

The class action has some advantages to it, at

least from the plaintiffs' standpoint, from the litigants'

standpoint. They can join together, and they can pool their

costs so that it's not one person paying all of the costs. The

group, in a sense, pays the costs and attorney's fees, pays the

attorney's fees, and they don't do it up front. They are able

to pool their resources, so to speak. They have a common

representation. They are able to collect information more


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easily and house that information more easily, so those are

advantages.

But there are some disadvantages, and the

disadvantages are sort of like a family situation where you

have 12 kids, and the turkey comes on the table, and 12 want a

drumstick. There are only two. There are two drumsticks, and

so if everybody wants a drumstick, they compromise on they get

a piece of it. They don't get the whole drumstick. There are

not 12 drumsticks on a turkey. That's a disadvantage.

Sometimes the disadvantages outweigh the

advantages. What to do in that situation. Well, the

legislation allows for that. They allow for you to leave the

table. You go on your own and get your own turkey, and that's

what the opt-out means in this type of litigation.

So there are advantages and there are

disadvantages, and the litigants are notified of this. They

are notified of the dinner, and they can come to the table or

they don't have to come to the table. If they don't want to

come to the table, though, they have to tell people. They have

to say, "I'm not going to be there," so that they don't set a

table for you. So you have to say, "I want out. I'm opting

out of this litigation," and you have that opportunity.

So the notice goes out and everybody is notified

of it. They have the opportunity to ask questions of their

attorney. Whatever question they have, they have an


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opportunity to do so.

I received a long letter from Mr. Moody, who had

a number of questions, but he has met already five or six or

seven times with his attorney, and his attorney has endeavored

to answer those questions.

Sometimes the answers are not satisfactory, but

they are answers. If you don't like the answer, you have the

opportunity to say, "I'm not coming to the dinner, folks. I'm

just letting you know, I'm out," and go to your own place and

seek to obtain your dinner.

So that's what we're doing, and the notice has

gone out, and we are having a last fairness hearing on

December 11th, is it, December 11th. Everybody has been

notified, and it's very costly to notify everybody, but the

class counsel has a duty, and they've extended a lot of

resources and time to make sure that everybody was noticed.

It seems to me that it's a fair notice. It's an

adequate notice. They are doing everything they can. They

have call operators to explain what the facts are, what the

opportunities are, what the disadvantages are, answer any

questions, and so people have an opportunity to do that, and

we'll have that hearing.

Today I have a status conference just to find out

what's happening and what response it's having, so I'll hear

from the parties at this time.


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MS. DUGGAN: Good morning, Your Honor. Sandra Duggan

on behalf of the plaintiffs. Your Honor, I would like to

report that the initial payment under the settlement has been

fully made by Taishan. Those monies are now safely held in the

court registry. The notice has gone out, long form notice was

mailed to every single known class member and estimate letters

were sent by BrownGreer to every plaintiff on the master

spreadsheet.

Under the settlement and the Court's approval

notice, class members had until October 3rd to dispute the

information on the master spreadsheet. BrownGreer has received

all of the disputes and will be publishing a revised master

spreadsheet by the end of this month, and that will go on the

docket so everybody can see it.

Class counsel has set up a settlement website,

ChineseDrywallSettlement.com. We also have a call center that

has been functioning, and I believe it's been working very

well. On the website itself there has been over 99,000 views,

and 72,000 of those have been from new users from all 50 states

plus the District of Columbia.

As regarding the call center, we've had over 200

callers. Class counsel have been returning the phone calls.

We have been responding to emails, and we have inquiries from

class members from 21 different states.

So we feel that the notice is working, people are


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asking questions, and we are answering all of those questions

to the best of our abilities:

THE COURT: All right. Anything from defense counsel?

MS. EIKHOFF: No. Just to reiterate the report of

Ms. Duggan that we do believe that the notice is working and

agree that it has been fair and adequate.

THE COURT: Okay.

Jake, do you want to give me some feel for what's

happening?

MR. WOODY: Yes, Judge. We did receive the challenges

that Ms. Dugan referred to. We've received 109 of them that

break down into various categories.

THE COURT: What are the major categories of concern?

MR. WOODY: The biggest category of concern is the one

that affects the dollar values the most, which is people who

want to switch from -- they claim that they in Amorin, we have

them in Brook, or they are in neither, and they want to be in

one of them, but those do affect the claim values the most, but

they also are fairly black and white for us to deal with.

THE COURT: The square footage, is that an issue?

MR. WOODY: Square footage, we did receive some

challenges on that. Most of the challenges are for a

relatively small amount of square footage, so no matter how we

rule on that, it won't really affect the payouts too much.

I don't see anything in the challenges that will


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have a significant impact on the estimates that we've already

made because when you have this many people and this much

money, it takes quite a bit of shifting to really change the

dollar values too much, but we are reviewing them and will

issue decisions in an updated master spreadsheet by the end of

the month.

THE COURT: Okay.

MR. WOODY: Thank you, Your Honor.

THE COURT: All right. Anything further?

Richard?

MR. SERPE: Good morning, Your Honor. Richard Serpe

for the PFC and class counsel.

Late last night around 9:00 p.m. I received an

e-mail from one of the Virginia class members, Sarah Olson, and

she has requested to briefly address the Court this morning.

THE COURT: Sure. Ms. Olsen, you're in court? Would

you come forward, please, ma'am.

Okay. I appreciate you being here. I hope the

weather is okay for you to here in New Orleans.

MS. OLSON: Much better than Wisconsin. Thank you.

THE COURT: Great. Fine. Yes, ma'am.

MS. OLSON: I wasn't truly expecting to do this today.

I apologize. I'm on vacation.

THE COURT: That's alright.

MS. OLSON: So when I realized last night that I was in


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the town where this was at, I felt obligated to at least come

and watch.

THE COURT: Sure.

MS. OLSON: So I apologize, I didn't prepare very well.

THE COURT: That's okay. I appreciate you being here.

MS. OLSON: In 2010 my husband and I received a letter

from our builder telling us that we had Chinese drywall in our

house, and he was on deployment at the time. We're both Navy

veterans. We graduated from the Naval Academy.

I didn't quite appreciate what that meant until I

started looking in on it. At the time we had a

two-and-a-half-year-old son who was clearly not developing

correctly. So for us, this has been a very emotional journey.

Since then we've had a third child. We moved out of that house

as soon as we could because we were all very ill.

We -- I very vividly remember the first time we

met with Richard Serpe. My husband had just finished a tour at

the Pentagon in a Chinese think tank, and we were sitting at

our dining room table, and he looked over at me he says, "We

will never see a penny from this case," just from the culture

and what he had learned in that job.

So we have been trying hard, not always

succeeding very well, in moving on for the past 10 years or so,

and every once in a while there is something that comes up that

reminds us of the emotional part of this. But the rational


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part of this we've always tried to keep in the back of our mind

that if we ever got something, we would be appreciative that

there was something versus nothing. I can't imagine being in

the class of getting very little.

We're very fortunate that the lawyers we had

worked to put us in the class where we are. I can't imagine we

would ever look at this settlement and think we're whole.

There is no way you can take an autistic child and another one

with chronic anxiety and say this doesn't affect us every day

of our lives. Financially, we lost almost everything we had

trying to compensate for this.

I wish I could stand here and say there has got

to be a better solution. I don't have that -- you know, with

all these people. I guess I just want to say that for all of

you in this business room, this may not be emotional to you,

and there may never be a way to prove what we've had to go

through, the emotional, the diagnoses of PTSD, the constant

triggers that will follow us through the rest of our life.

Every day I wake up and I have to say how am I going to get my

son a successful member of society? You may not be able to

capture that when you're making these decisions.

Please remember that there are real people behind

this, and as much as we can all say something is better than

nothing, the amount of money and energy we've expended, you can

never compensate us enough.


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I used to look at, you know, people in

New Orleans, right, who lived through tragedies such as

hurricanes, and we've had houses with trees fall on them in

Virginia when we were in the military, there was never really a

good solution to this problem. There wasn't an insurance that

helped us. You know, this is it. This is all we're going to

get.

So, I guess what I would say is, yes, more would

help, but I appreciate the time and the energy that everybody

has put into this, and, frankly, we want to move on with our

lives as much as possible.

Thank you.

THE COURT: Okay. Well, thanks for being here. I

appreciate it. I appreciate your comments.

MS OLSON: Thank you.

THE COURT: Anything further from anyone?

Okay. With that, we'll end the conference then

and I'll see you all, when is the next one, November 22nd.

Okay. Anything further? Thank you all very

much. Court will stand in recess.

THE DEPUTY CLERK: All rise.

(WHEREUPON, at 9:19 a.m., the proceedings were

concluded.)

* * *


1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

OFFICIAL TRANSCRIPT

17

REPORTER'S CERTIFICATE

I, Cathy Pepper, Certified Realtime Reporter, Registered

Merit Reporter, Certified Court Reporter in and for the State

of Louisiana, Official Court Reporter for the United States

District Court, Eastern District of Louisiana, do hereby

certify that the foregoing is a true and correct transcript to

the best of my ability and understanding from the record of the

proceedings in the above-entitled and numbered matter.

s/Cathy Pepper

Cathy Pepper, CRR, RMR, CCRCertified Realtime ReporterRegistered Merit ReporterOfficial Court ReporterUnited States District [email protected]


0

09-MD-2047 [1] - 1:7

1

10 [2] - 5:5, 14:2310016 [1] - 3:19109 [1] - 12:1111 [4] - 5:7, 5:9, 5:11,

5:131100 [1] - 2:511th [2] - 10:1311TH [1] - 5:512 [3] - 9:5, 9:91201 [2] - 2:21, 3:1513 [1] - 5:1415TH [1] - 3:1816 [1] - 5:1519106 [1] - 1:24

2

20,000 [2] - 6:23, 8:3200 [1] - 11:212000 [1] - 3:9201 [2] - 3:5, 4:72010 [1] - 14:62019 [3] - 1:8, 5:15,

6:22019............. [1] - 5:52047 [1] - 6:1221 [1] - 11:24225 [1] - 2:822nd [1] - 16:1822ND [1] - 5:1523 [3] - 1:8, 6:2, 8:1123510 [1] - 2:162800 [2] - 2:4, 2:5

3

30309 [2] - 2:21, 3:15310 [1] - 2:1633134 [1] - 2:93600 [1] - 3:5365 [1] - 3:93rd [1] - 11:10

4

40TH [1] - 4:7

5

50 [1] - 11:19500 [2] - 1:24, 4:14504 [1] - 4:15510 [1] - 1:24580 [1] - 2:16589-7779 [1] - 4:15

7

701 [1] - 2:1270113 [1] - 1:2170130 [3] - 2:12, 3:10,

4:1570163 [1] - 2:570170 [2] - 3:5, 4:872,000 [1] - 11:19

8

820 [1] - 1:20

9

90 [1] - 3:1899,000 [1] - 11:189:00 [2] - 1:8, 13:139:19 [1] - 16:22

A

A.M [1] - 1:8a.m [1] - 16:22abilities [1] - 12:2ability [1] - 17:8able [4] - 8:7, 8:23,

8:25, 15:20above-entitled [1] -

17:9Academy [1] - 14:9action [5] - 7:13, 8:9,

8:11, 8:14, 8:18actions [1] - 7:19address [2] - 7:17,

13:15adequate [2] - 10:18,

12:6adopted [1] - 8:10advantages [4] - 8:18,

9:2, 9:11, 9:15advertising [1] - 7:22affect [3] - 12:18,

12:24, 15:9affects [1] - 12:15ago [1] - 7:12

agree [1] - 12:6agreement [2] - 7:12,

7:13ALEX [1] - 4:7ALHAMBRA [1] - 2:8ALL [1] - 1:11allow [1] - 9:12allows [1] - 9:12almost [1] - 15:10alright [1] - 13:24ALSO [1] - 4:10ALSTON [3] - 2:19,

3:13, 3:17Amorin [1] - 12:16amount [2] - 12:23,

15:24AND [6] - 2:3, 2:19,

3:8, 3:12, 4:4, 5:13answer [3] - 10:5,

10:7, 10:20answering [1] - 12:1answers [2] - 10:6,

10:7anxiety [1] - 15:9apologize [2] - 13:23,

14:4appearance [1] - 6:14APPEARANCES [4] -

1:16, 2:1, 3:1, 4:1appreciate [6] - 13:18,

14:5, 14:10, 16:9, 16:14

appreciative [1] - 15:2approval [1] - 11:9ARATA [1] - 4:5aspects [1] - 7:17ATLANTA [2] - 2:21,

3:15ATLANTIC [2] - 2:20,

3:14attorney [3] - 9:25,

10:4attorney's [2] - 8:22,

8:23autistic [1] - 15:8AVENUE [4] - 1:20,

3:5, 3:18, 4:7

B

B406 [1] - 4:14BAKER [1] - 3:3BEARMAN [1] - 3:3BEEN [1] - 5:6BEFORE [1] - 1:14behalf [2] - 6:19, 11:2behind [1] - 15:22BENJAMIN [1] - 2:3BERKOWITZ [1] - 3:4

BERMAN [1] - 1:23BERNARD [1] - 3:14best [3] - 7:18, 12:2,

17:8better [3] - 13:20,

15:13, 15:23biggest [1] - 12:14BIRD [3] - 2:19, 3:13,

3:17bit [1] - 13:3black [1] - 12:19BNBM [1] - 6:17BNMB [1] - 3:7break [1] - 12:12briefly [1] - 13:15Brook [1] - 12:17brought [1] - 7:22BrownGreer [2] -

11:7, 11:11BROWNGREER [2] -

4:10, 5:10builder [1] - 14:7BUILDING [2] - 4:3,

4:4business [1] - 15:15BY [16] - 1:19, 1:23,

2:4, 2:8, 2:11, 2:15, 2:20, 3:4, 3:9, 3:13, 4:6, 4:17, 4:18, 5:7, 5:10, 5:14

C

CALDWELL [1] - 3:4CALL [1] - 5:13CALLED [1] - 6:4callers [1] - 11:22CANAL [1] - 3:9capture [1] - 15:21case [14] - 6:11, 6:21,

6:23, 6:25, 7:3, 7:5, 7:7, 7:9, 7:10, 7:23, 8:13, 8:15, 14:20

cases [1] - 7:8CASES [1] - 1:11categories [2] - 12:12,

12:13category [1] - 12:14Cathy [2] - 17:3, 17:12CATHY [1] - 4:13Cathy_Pepper@laed

.uscourts.gov [2] - 4:16, 17:14

CAYLE [1] - 2:11CCR [2] - 4:13, 17:12center [2] - 11:16,

11:21CENTER [2] - 2:20,

3:14

OFFICIAL TRANSCRIPT

1

CENTER..... [1] - 5:13CENTRE [1] - 2:4CERTIFICATE [1] -

17:1CERTIFIED [2] - 4:13,

4:14Certified [3] - 17:3,

17:4, 17:12certify [1] - 17:7challenges [4] -

12:10, 12:22, 12:25change [1] - 13:3CHARLES [2] - 3:5,

4:7child [2] - 14:14, 15:8CHINA [2] - 4:3, 4:4Chinese [5] - 6:12,

7:4, 7:10, 14:7, 14:18

CHINESE [1] - 1:5CHINESE-

MANUFACTURED

[1] - 1:5ChineseDrywallSettl

ement.com [1] - 11:16

CHINESEDRYWALL

SETTLEMENT.

COM [1] - 5:13CHRISTINA [2] - 2:20,

3:13chronic [1] - 15:9CIRCLE [1] - 2:8CIVIL [1] - 1:7Civil [1] - 8:10claim [2] - 12:16,

12:18claimants [1] - 6:24CLASS [2] - 5:9, 5:12class [17] - 7:13, 7:19,

8:9, 8:11, 8:13, 8:17, 8:18, 10:15, 11:6, 11:10, 11:15, 11:22, 11:24, 13:12, 13:14, 15:4, 15:6

class-action [1] - 7:13clearly [1] - 14:12CLERK [3] - 6:7, 6:12,

16:21CNBM [2] - 3:8, 6:17CO [4] - 2:18, 2:19,

3:12, 3:13collect [1] - 8:25COLLECTIVELY [1] -

4:5COLSON [1] - 2:7Columbia [1] - 11:20coming [1] - 10:8comments [1] - 16:14


Committee [1] - 6:19COMMITTEE [1] -

2:15common [2] - 7:23,

8:24common-law [1] -

7:23commonalities [1] -

8:16commonality [2] -

8:14, 8:15communication [1] -

7:21COMPANY [1] - 4:4compensate [2] -

15:11, 15:25complexity [1] - 7:20compromise [1] - 9:7COMPUTER [1] - 4:18concept [1] - 7:18concern [2] - 12:13,

12:14concluded [1] - 16:23CONFERENCE [2] -

1:13, 5:15conference [3] - 6:21,

10:23, 16:17constant [1] - 15:17CONTINUED [3] - 2:1,

3:1, 4:1COORDINATION [1] -

2:15CORAL [1] - 2:9CORPORATION [1] -

4:3correct [1] - 17:7correctly [1] - 14:13costly [1] - 10:14costs [3] - 8:21, 8:22counsel [7] - 6:14,

6:17, 10:15, 11:15, 11:22, 12:3, 13:12

COUNSEL [4] - 1:19, 3:3, 3:8, 5:12

court [3] - 11:5, 13:16, 16:20

Court [6] - 13:15, 17:4, 17:5, 17:6, 17:13, 17:14

COURT [20] - 1:1, 4:13, 6:4, 6:8, 6:11, 6:14, 6:20, 12:3, 12:7, 12:13, 12:20, 13:7, 13:9, 13:16, 13:21, 13:24, 14:3, 14:5, 16:13, 16:16

Court's [1] - 11:9create [1] - 8:11created [2] - 8:9, 8:11CRR [2] - 4:13, 17:12

culture [1] - 14:20CURRAULT [1] - 4:6

D

DAVID [2] - 2:3, 3:18DAVIS [2] - 1:19, 6:18Davis [1] - 6:18deal [2] - 8:2, 12:19dealing [2] - 8:8, 8:12DECEMBER [1] - 5:5December [2] - 10:13decisions [2] - 13:5,

15:21defendant [3] - 7:24,

8:6, 8:7defendants [5] - 6:22,

6:25, 7:2, 7:10, 7:25defense [1] - 12:3deployment [1] - 14:8DEPUTY [3] - 6:7,

6:12, 16:21developing [1] - 14:12diagnoses [1] - 15:17different [1] - 11:24dining [1] - 14:19dinner [3] - 9:17, 10:8,

10:10disadvantage [1] - 9:9disadvantages [5] -

9:3, 9:4, 9:10, 9:16, 10:20

dispute [1] - 11:10disputes [1] - 11:12DISTRICT [3] - 1:1,

1:2, 1:14District [4] - 11:20,

17:6, 17:14DOCKET [1] - 1:7docket [1] - 11:14DOCUMENT [1] - 1:10dollar [2] - 12:15, 13:4DONELSON [1] - 3:3DONNA [1] - 4:6down [1] - 12:12drumstick [3] - 9:6,

9:7, 9:8drumsticks [2] - 9:6,

9:9Drywall [1] - 6:13DRYWALL [1] - 1:5drywall [1] - 14:7Dugan [1] - 12:11DUGGAN [2] - 1:23,

11:1Duggan [2] - 11:1,

12:5DUNBAR [1] - 3:8DUPLANTIS [1] - 4:5

duty [1] - 10:15

E

e-mail [1] - 13:14EAGAN [2] - 4:5, 4:6easily [2] - 9:1EAST [1] - 2:16Eastern [1] - 17:6EASTERN [1] - 1:2EIDSON [1] - 2:7EIKHOFF [3] - 2:20,

3:13, 12:4ELDON [1] - 1:14emails [1] - 11:23emotional [4] - 14:13,

14:25, 15:15, 15:17END [1] - 5:14end [3] - 11:13, 13:5,

16:17endeavored [1] - 10:4energy [2] - 15:24,

16:9ENERGY [1] - 2:4enforced [1] - 8:1ENTITIES [2] - 3:8entitled [1] - 17:9ESQUIRE [16] - 1:19,

1:20, 1:23, 2:4, 2:8, 2:11, 2:15, 2:20, 3:4, 3:9, 3:13, 3:14, 3:18, 4:6, 4:6, 4:7

established [1] - 8:1ESTIMATE [1] - 5:10estimate [1] - 11:6estimates [1] - 13:1event [1] - 7:2EVERY [2] - 5:8, 5:10EWELL [1] - 4:6exceptions [1] - 7:7expecting [1] - 13:22expended [1] - 15:24explain [1] - 10:19extended [1] - 10:15

F

fact [1] - 8:15factor [1] - 6:22facts [1] - 10:19fair [2] - 10:17, 12:6fairly [1] - 12:19FAIRNESS [1] - 5:5fairness [1] - 10:12fall [1] - 16:3FALLON [1] - 1:14Fallon [1] - 6:16family [1] - 9:4

federal [1] - 7:11Federal [1] - 8:10fees [2] - 8:22, 8:23felt [1] - 14:1filing [1] - 8:4financially [1] - 15:10fine [1] - 13:21finished [1] - 14:17first [2] - 7:6, 14:16FISHBEIN [1] - 1:23five [1] - 10:3FL [1] - 2:9FLOOR [2] - 3:18, 4:7folks [1] - 10:8follow [1] - 15:18footage [3] - 12:20,

12:21, 12:23FOR [6] - 1:18, 2:14,

2:18, 3:3, 3:7, 3:12foregoing [1] - 17:7form [1] - 11:5FORM [1] - 5:8forth [1] - 7:11fortunate [1] - 15:5forward [1] - 13:17frankly [1] - 16:10front [1] - 8:23fully [1] - 11:4FULLY [1] - 5:6functioning [1] -

11:17

G

GA [2] - 2:21, 3:15GABLES [1] - 2:9GAINSBURGH [1] -

2:3gentlemen [1] - 6:9GERALD [1] - 2:4German [2] - 7:4, 7:5goods [1] - 7:20GORDON [1] - 4:5graduated [1] - 14:9great [1] - 13:21group [1] - 8:22GROUP [1] - 4:3grouped [1] - 7:4guess [2] - 15:14, 16:8GYPSUM [2] - 2:18,

3:12

H

half [1] - 14:12handled [1] - 8:7hard [1] - 14:22Harry [1] - 6:17

OFFICIAL TRANSCRIPT

2

HARRY [1] - 3:9HAS [2] - 5:6, 5:12hear [1] - 10:24HEARD [1] - 1:14HEARING [1] - 5:5hearing [2] - 10:12,

10:22held [1] - 11:4help [1] - 16:9helped [1] - 16:6hereby [1] - 17:6HERMAN [3] - 1:19,

1:20HICKS [1] - 2:7Honor [5] - 6:18, 11:1,

11:2, 13:8, 13:11HONORABLE [1] -

1:14hope [1] - 13:18house [3] - 9:1, 14:8,

14:14houses [1] - 16:3hurricanes [1] - 16:3husband [2] - 14:6,

14:17

I

ill [1] - 14:15imagine [2] - 15:3,

15:6impact [1] - 13:1IN [1] - 1:5individual [4] - 6:23,

7:8, 7:16, 8:3individuals [1] - 7:16information [3] - 8:25,

9:1, 11:11initial [1] - 11:3INITIAL [1] - 5:6inquiries [1] - 11:23instantaneous [1] -

7:21insurance [1] - 16:5involved [2] - 7:3, 8:12IS [1] - 5:15issue [2] - 12:20, 13:5itself [1] - 11:18

J

JACOB [1] - 4:10Jake [1] - 12:8job [1] - 14:21join [2] - 8:17, 8:20journey [1] - 14:13JR [1] - 4:6Judge [3] - 6:10, 6:16,


12:10JUDGE [1] - 1:14judicially [1] - 8:1

K

KATZ [1] - 1:19keep [1] - 15:1KERRY [1] - 3:4kids [1] - 9:5KNAUF [1] - 3:3Knauf [1] - 7:6KNOWN [1] - 5:8known [1] - 11:6

L

LA [7] - 1:21, 2:5, 2:12, 3:5, 3:10, 4:8, 4:15

ladies [1] - 6:8LAMBERT [1] - 2:11last [3] - 10:12, 13:13,

13:25late [1] - 13:13LAW [1] - 2:15law [1] - 7:23lawyer [3] - 7:22, 8:6lawyers [3] - 7:16, 8:3,

15:5learned [1] - 14:21least [5] - 7:17, 7:18,

8:13, 8:19, 14:1leave [1] - 9:12legislation [1] - 9:12legislatively [2] - 8:1,

8:8LEONARD [1] - 1:19Leonard [1] - 6:18letter [2] - 10:2, 14:6letters [2] - 7:15, 11:6LETTERS [1] - 5:10letting [1] - 10:9LEVIN [1] - 1:23Liability [1] - 6:13LIABILITY [1] - 1:6liaison [1] - 6:17LIAISON [3] - 1:19,

3:3, 3:8life [1] - 15:18LIMITED [1] - 4:4litigants [1] - 9:16litigants' [1] - 8:19litigation [5] - 7:1, 8:9,

8:12, 9:14, 9:22Litigation [1] - 6:13LITIGATION [1] - 1:6lived [1] - 16:2

lives [2] - 15:10, 16:11LONG [1] - 5:8look [2] - 15:7, 16:1looked [1] - 14:19looking [1] - 14:11lost [1] - 15:10Louisiana [2] - 17:5,

17:6LOUISIANA [2] - 1:2,

1:8LTD [4] - 2:19, 2:19,

3:12, 3:13

M

ma'am [2] - 13:17, 13:21

MADE [1] - 5:7MAGAZINE [1] - 2:12mail [1] - 13:14MAILED [1] - 5:8mailed [1] - 11:6MAIN [1] - 2:16major [1] - 12:13MANUFACTURED [1]

- 1:5Manufactured [1] -

6:13manufacturers [4] -

7:3, 7:4, 7:5, 7:6master [4] - 11:7,

11:11, 11:12, 13:5MASTER [2] - 5:11,

5:14material [1] - 7:21MATERIALS [2] - 4:3,

4:4matter [2] - 12:23,

17:9MCCOLLAM [1] - 4:5MDL [1] - 6:12means [1] - 9:14meant [1] - 14:10MECHANICAL [1] -

4:17member [2] - 11:6,

15:20MEMBER...................

..................... [1] - 5:9members [3] - 11:10,

11:24, 13:14MERIT [1] - 4:14Merit [2] - 17:4, 17:13met [2] - 10:3, 14:17method [3] - 8:5, 8:8,

8:11MEUNIER [2] - 2:3,

2:4military [1] - 16:4

MILLER [1] - 3:4mind [1] - 15:1money [2] - 13:3,

15:24monies [1] - 11:4month [2] - 11:13,

13:6MONTH.. [1] - 5:14MONTHLY [1] - 1:13monthly [1] - 6:20MONTOYA [1] - 2:8moody [1] - 10:2morning [7] - 6:8,

6:10, 6:16, 6:18, 11:1, 13:11, 13:15

morphed [1] - 7:24most [3] - 12:15,

12:18, 12:22move [1] - 16:10moved [1] - 14:14moving [1] - 14:23MR [7] - 6:16, 6:18,

12:10, 12:14, 12:21, 13:8, 13:11

MS [8] - 11:1, 12:4, 13:20, 13:22, 13:25, 14:4, 14:6, 16:15

multiple [2] - 8:2, 8:12

N

NATIONAL [2] - 4:3, 4:4

nationwide [1] - 7:20Naval [1] - 14:9Navy [1] - 14:8necessarily [1] - 6:24NELSON [1] - 2:11never [4] - 14:20,

15:16, 15:25, 16:4new [1] - 11:19New [2] - 13:19, 16:2NEW [9] - 1:8, 1:21,

2:5, 2:12, 3:5, 3:10, 3:19, 4:8, 4:15

NEXT [1] - 5:15next [1] - 16:18night [2] - 13:13,

13:25NO [1] - 1:7NORFOLK [1] - 2:16nothing [2] - 15:3,

15:24notice [9] - 9:23,

10:11, 10:17, 10:18, 11:5, 11:10, 11:25, 12:5

NOTICE [1] - 5:8noticed [1] - 10:16

notified [4] - 9:16, 9:17, 9:23, 10:14

notify [1] - 10:14November [1] - 16:18NOVEMBER [1] - 5:15number [2] - 7:15,

10:3numbered [1] - 17:9numbers [4] - 6:21,

6:22, 7:24, 7:25NY [1] - 3:19

O

O'KEEFE [1] - 1:20obligated [1] - 14:1obtain [1] - 10:10October [1] - 11:10OCTOBER [2] - 1:8,

6:2OF [4] - 1:2, 1:13,

2:15, 5:14OFFICES [1] - 2:15OFFICIAL [1] - 4:13Official [2] - 17:5,

17:13old [1] - 14:12Olsen [1] - 13:16OLSON [7] - 4:10,

13:20, 13:22, 13:25, 14:4, 14:6, 16:15

Olson [1] - 13:14ON [2] - 5:5, 5:11once [1] - 14:24one [14] - 7:8, 7:23,

7:24, 8:5, 8:6, 8:13, 8:21, 12:14, 12:18, 13:14, 15:8, 16:18

ONE [2] - 2:20, 3:14operators [1] - 10:19opportunities [2] -

7:20, 10:20opportunity [6] - 8:17,

9:22, 9:24, 10:1, 10:8, 10:21

opt [1] - 9:14opt-out [1] - 9:14opting [1] - 9:21ORDER [1] - 6:4order [2] - 8:13, 8:16ORLEANS [8] - 1:8,

1:21, 2:5, 2:12, 3:5, 3:10, 4:8, 4:15

Orleans [2] - 13:19, 16:2

outweigh [1] - 9:10own [3] - 9:13, 10:9

OFFICIAL TRANSCRIPT

3

P

p.m [1] - 13:13PA [1] - 1:24PAGE [1] - 5:3PARK [1] - 3:18part [2] - 14:25, 15:1particular [3] - 6:23,

6:25, 7:14parties [3] - 7:12,

8:12, 10:25past [1] - 14:23PATRICK [1] - 2:8paying [1] - 8:21payment [1] - 11:3PAYMENT [1] - 5:6payouts [1] - 12:24pays [2] - 8:22PEACHTREE [2] -

2:21, 3:15penny [1] - 14:20Pentagon [1] - 14:18PENTHOUSE [1] - 2:8people [9] - 7:16,

9:19, 10:21, 11:25, 12:15, 13:2, 15:14, 15:22, 16:1

PEPPER [1] - 4:13Pepper [3] - 17:3,

17:11, 17:12perhaps [2] - 7:17,

7:21person [1] - 8:21PETERSON [1] - 2:11PFC [1] - 13:12PHELPS [1] - 3:8PHILADELPHIA [1] -

1:24phone [1] - 11:22piece [1] - 9:8place [1] - 10:9plaintiff [4] - 7:24, 8:5,

8:6, 11:7PLAINTIFF [2] - 4:10,

5:11plaintiffs [5] - 6:22,

7:24, 8:2, 8:3, 11:2Plaintiffs' [1] - 6:19PLAINTIFFS' [1] - 1:18plaintiffs' [1] - 8:19PLASTERBOARD [2]

- 2:19, 3:13plus [1] - 11:20point [1] - 7:14pool [2] - 8:20, 8:24possible [1] - 16:11potential [1] - 7:7POYDRAS [2] - 2:5,

4:14


prepare [1] - 14:4preponderate [1] -

8:16PRESENT [1] - 4:10problem [1] - 16:5Procedure [1] - 8:11proceeded [3] - 7:5,

7:9, 7:10proceedings [2] -

16:22, 17:9PROCEEDINGS [3] -

1:13, 4:17, 6:1PRODUCED [1] - 4:18Products [1] - 6:13PRODUCTS [1] - 1:5prove [1] - 15:16PTSD [1] - 15:17publishing [1] - 11:12put [2] - 15:6, 16:10

Q

qualify [1] - 8:13questioning [1] - 7:16questions [6] - 9:24,

10:3, 10:5, 10:21, 12:1

quite [2] - 13:3, 14:10

R

rational [1] - 14:25RE [1] - 1:5re [1] - 6:12reached [1] - 7:12real [1] - 15:22realized [1] - 13:25really [3] - 12:24, 13:3,

16:4REALTIME [1] - 4:13Realtime [2] - 17:3,

17:12receive [2] - 12:10,

12:21received [6] - 7:15,

10:2, 11:11, 12:11, 13:13, 14:6

recess [1] - 16:20record [2] - 6:15, 17:8RECORDED [1] - 4:17referred [1] - 12:11regarding [1] - 11:21Registered [1] - 17:3registered [1] - 17:13registry [1] - 11:5reiterate [1] - 12:4RELATES [1] - 1:10relatively [1] - 12:23

remember [2] - 14:16, 15:22

reminds [1] - 14:25report [2] - 11:3, 12:4Reporter [7] - 17:3,

17:4, 17:5, 17:12, 17:13, 17:13

REPORTER [3] - 4:13, 4:13, 4:14

REPORTER'S [1] - 17:1

representation [1] - 8:25

requested [1] - 13:15resolved [1] - 7:6resources [2] - 8:24,

10:16responding [1] -

11:23response [1] - 10:24rest [1] - 15:18returning [1] - 11:22reviewing [1] - 13:4revised [1] - 11:12RICHARD [2] - 2:15,

2:15Richard [3] - 13:10,

13:11, 14:17rise [2] - 6:7, 16:21RMR [2] - 4:13, 17:12room [2] - 14:19,

15:15ROOM [1] - 4:14ROSENBERG [2] -

3:9, 6:16Rosenberg [1] - 6:17ROTHENBERG [1] -

4:7rule [1] - 12:24Rules [1] - 8:10

S

s/Cathy [1] - 17:11safely [1] - 11:4sales [1] - 7:20SANDRA [1] - 1:23Sandra [1] - 11:1Sarah [1] - 13:14SARAH [1] - 4:10satisfactory [1] - 10:6seated [1] - 6:8SEDRAN [1] - 1:23see [4] - 11:14, 12:25,

14:20, 16:18seek [1] - 10:10sense [1] - 8:22SENT [1] - 5:10sent [1] - 11:7

Serpe [2] - 13:11, 14:17

SERPE [3] - 2:15, 2:15, 13:11

set [2] - 9:20, 11:15SET [1] - 5:12settled [1] - 7:6SETTLEMENT [2] -

5:6, 5:12settlement [5] - 7:13,

11:3, 11:9, 11:15, 15:7

seven [1] - 10:4shifting [1] - 13:3side [1] - 8:13significant [1] - 13:1single [1] - 11:6SINGLE [1] - 5:8sitting [1] - 14:18situation [4] - 7:22,

8:2, 9:4, 9:11six [1] - 10:3small [1] - 12:23society [2] - 7:20,

15:20solution [2] - 15:13,

16:5sometimes [3] - 7:25,

9:10, 10:6son [2] - 14:12, 15:20soon [1] - 14:15sort [1] - 9:4SPREADSHEET [1] -

5:14spreadsheet [4] -

11:8, 11:11, 11:13, 13:5

SPREADSHEET........

......... [1] - 5:11square [3] - 12:20,

12:21, 12:23SR [1] - 3:14ST [2] - 3:5, 4:7stand [2] - 15:12,

16:20standpoint [2] - 8:19,

8:20started [2] - 6:21,

14:11State [1] - 17:4state [1] - 7:11STATE/FEDERAL [1] -

2:14States [2] - 17:5,

17:14STATES [2] - 1:1, 1:14states [2] - 11:19,

11:24status [2] - 6:20,

10:23

STATUS [1] - 1:13Steering [1] - 6:19STENOGRAPHY [1] -

4:17STEPHEN [1] - 1:20STREET [8] - 1:24,

2:5, 2:12, 2:16, 2:21, 3:9, 3:15, 4:14

succeeding [1] - 14:23

successful [1] - 15:20suit [1] - 8:4SUITE [5] - 1:24, 2:5,

2:16, 3:5, 3:9switch [1] - 12:16

T

table [7] - 9:5, 9:13, 9:17, 9:18, 9:19, 9:21, 14:19

TAI'AN [2] - 2:19, 3:12TAISHAN [5] - 2:18,

2:19, 3:7, 3:12, 3:12Taishan [3] - 6:17,

7:10, 11:4TAISHAN...................

.................. [1] - 5:7tank [1] - 14:18TAYLOR [1] - 3:14THE [29] - 1:14, 1:18,

2:14, 3:3, 3:7, 5:6, 5:11, 5:14, 6:7, 6:8, 6:11, 6:12, 6:14, 6:20, 12:3, 12:7, 12:13, 12:20, 13:7, 13:9, 13:16, 13:21, 13:24, 14:3, 14:5, 16:13, 16:16, 16:21

thereabouts [1] - 8:4therefore [2] - 7:25,

8:8they've [1] - 10:15third [1] - 14:14THIS [1] - 1:10thousand [2] - 6:25,

8:3TO [4] - 1:10, 5:8,

5:10, 6:4today [3] - 6:20,

10:23, 13:22together [2] - 8:17,

8:20tour [1] - 14:17town [1] - 14:1traditional [3] - 7:23,

8:5tragedies [1] - 16:2transcript [1] - 17:7

OFFICIAL TRANSCRIPT

4

TRANSCRIPT [2] - 1:13, 4:17

trees [1] - 16:3trials [1] - 7:11tried [1] - 15:1triggers [1] - 15:18true [1] - 17:7truly [1] - 13:22trying [2] - 14:22,

15:11turkey [3] - 9:5, 9:9,

9:13two [5] - 7:2, 7:8, 9:6,

14:12two-and-a-half-year-

old [1] - 14:12type [3] - 7:1, 8:8, 9:14types [1] - 7:2

U

UNDER [1] - 5:6under [2] - 11:3, 11:9United [2] - 17:5,

17:14UNITED [2] - 1:1, 1:14unusual [3] - 6:22,

6:24, 7:1unwieldy [1] - 6:24UP [1] - 5:12up [4] - 8:23, 11:15,

14:24, 15:19updated [1] - 13:5UPDATED [1] - 5:14users [1] - 11:19

V

VA [1] - 2:16vacation [1] - 13:23values [3] - 12:15,

12:18, 13:4various [2] - 7:17,

12:12vehicle [2] - 7:25, 8:7VENDERBUSH [1] -

3:18versus [1] - 15:3veterans [1] - 14:9views [1] - 11:18vigor [1] - 7:9Virginia [2] - 13:14,

16:4vividly [1] - 14:16VOICES [1] - 6:10


OFFICIAL TRANSCRIPT

5

W

wake [1] - 15:19WALNUT [1] - 1:24wants [1] - 9:7WARSHAUER [1] - 2:3WAS [1] - 5:8watch [1] - 14:2weather [1] - 13:19website [2] - 11:15,

11:18WEBSITE [1] - 5:12WEDNESDAY [2] -

1:8, 6:2WERE [1] - 5:10WEST [2] - 2:21, 3:15WHEREUPON [1] -

16:22white [1] - 12:19whole [2] - 9:8, 15:7Wisconsin [1] - 13:20wish [1] - 15:12WOODY [5] - 4:10,

12:10, 12:14, 12:21, 13:8

word [1] - 7:19

Y

year [1] - 14:12years [1] - 14:23YORK [1] - 3:19

“

“CNBM” [1] - 4:5


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