Supreme Court

Case: 23-0212    
23-0212
03/17/2023
Multidistrict Litigation
IN RE EASY MIX CONSTRUCTION DEFECT LITIGATION 
 
Appellate Briefs
Date▲▼Event Type▲▼Description▲▼RemarksDocument
11/18/2024MDL Response filed Other than Petitioner, Respondent, Relator etc. Premier ATX Industries, LLC, Defendant, Response to Motion to Remand and Objection to MDL Transfer
08/04/2023Multidistrict Litigation Reply filedMovant 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
07/31/2023Multidistrict Litigation Reply filedMovant 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
07/28/2023MDL Response to Motion for TransferOther than Petitioner, Respondent, Relator etc. Moazami Homes, LLC's Response to Supplemental Joint Motion to Transfer and Motion to Stay.
07/26/2023MDL Response to Motion for TransferOther than Petitioner, Respondent, Relator etc. Construction Mangagers of Austin, LLC's Response to Supplemental Joint Motion to Transfer and Motion to Stay.
07/21/2023MDL Response to Motion for TransferOther than Petitioner, Respondent, Relator etc. Geoffrey Scherer's Response in Opposition to Motion for Transfer and Stay filed by attorney Lee Vickers
07/17/2023Multidistrict 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
05/16/2023MDL 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
05/08/2023Multidistrict Litigation Reply filedMovant Movants' Reply in Support of Joint Motion to Transfer filed on behalf of Texas Materials Group by attorney Ben Zinnecker
05/01/2023Multidistrict 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
04/10/2023MDL Response to Motion for TransferRespondent Public Condominium Community, Inc., et al.'s Response to Motion to Transfer filed by attorney Mari Perczak
04/10/2023MDL Response to Motion for TransferRespondent CPH Structural Engineering, Inc.'s Response to the Joint Motion to Transfer filed by attorney Michael Gerstle
04/07/2023MDL Response to Motion for TransferRespondent Motion to Remand and Objection to MDL Transfer filed on behalf of James S. Nix, et al.
04/06/2023MDL Response to Motion for TransferRespondent Aquatic Reflections, Inc.'s Response to Joint Motion to Transfer MDL and Motion to Stay filed by attorney Mari Bryn Dowdy
04/06/2023MDL Response to Motion for TransferRespondent 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
03/17/2023Multidistrcit Litigation Motion to TransferMovant 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▲▼RemarksDocument
12/20/2024Motion before the MDL Panel disposedDenied Order stating: "On November 18, 2024 came on to be heard Plaintiff Adrian Sorapuru in Williamson County District Court, Cause No. 12-1250-C425 Motion to Remand and Objection to MDL Transfer (Motion to Remand), along with all responses thereto. After consideration, the Panel concludes that the Motion to Remand should be DENIED."
(12/20/2024 12:24:10 PM) 23-0212 Order Issued 12-20-24.pdf
11/18/2024MDL Response filed   Premier ATX Industries, LLC, Defendant, Response to Motion to Remand and Objection to MDL Transfer
11/06/2024Motion before the MDL Panel disposedFiling granted Premier ATX Industries, LLC’s Unopposed Motion for Leave to File Response to “Motion to Remand” granted.  Response due November 18, 2024 and any reply to response is due November 26, 2024.
10/31/2024Multidistrict Litigation Motion  Premier ATX Industries, LLC's Unopposed Motion for Leave to File Response to "Motion to Remand" filed by Michael Truesdale
10/01/2024Letter sent to notice counsel  Letter stating: "Plaintiff Adrian Sorapuru filed a Motion to Remand and Objection to MDL Transfer of case no. 24-1250-C425, Sorapuru v. Premier ATX Industries, LLC, in the District Court of Williamson County – 425th Judicial District Court regarding the above-referenced matter.
The response to the Motion to Remand is due no later than Monday, October 14, 2024 and any reply to response is due Thursday, October 24, 2024."
09/23/2024Multidistrict Litigation Motion  Plaintiff's Motion to Remand and Objection to MDL Transfer filed on behalf of Adrian Sorapuru by attorney Ashley Pribble
08/18/2026Appointment of Pretrial Judge   Order issued stating: "The Honorable Lora Livingston is now also assigned as a Pretrial Judge to assist the Honorable Judge Soifer who remains as a Pretrial Judge in this matter. Judge Soifer may assign any tasks to Judge Livingston that relate to this matter, to the extent otherwise authorized by applicable law. The designation of the 345th District Court of Travis County as the Pretrial Court is continued."
(8/18/2026 4:28:59 PM) 23-0212 Designation of Pretrial Judge 08-18-26.pdf
08/07/2023Appointment 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."
08/07/2023Multidistrict Litigation Motion to Transfer disposedFiling 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.”"
08/04/2023Multidistrict 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
07/31/2023Multidistrict 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
07/28/2023MDL Response to Motion for Transfer  Moazami Homes, LLC's Response to Supplemental Joint Motion to Transfer and Motion to Stay.
07/26/2023MDL Response to Motion for Transfer  Construction Mangagers of Austin, LLC's Response to Supplemental Joint Motion to Transfer and Motion to Stay.
07/21/2023MDL Response to Motion for Transfer  Geoffrey Scherer's Response in Opposition to Motion for Transfer and Stay filed by attorney Lee Vickers
07/17/2023Multidistrict 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
07/12/2023Motion before the MDL Panel disposedFiling 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
05/30/2023Multidistrict Litigation notice received  Defendant's Texas Materials Group, Inc.'s Notice of Appearance filed by attorney Samantha C. Jeffers
05/24/2023Multidistrict Litigation notice received  Notice of Firm Name Change filed on behalf of Easy Mix Concrete Services, LLC.
05/16/2023MDL 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
05/10/2023Multidistrict 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
05/08/2024Motion before the MDL Panel disposedDismissed without prejudice. Order issued stating: "IT IS THEREFORE ORDERED that the stay in this case is hereby lifted and that the Motion to Withdraw is dismissed without prejudice to present to the Pretrial Judge."
(5/8/2024 5:22:20 PM) 23-0212 Order Issued - 05-08-24.pdf
05/08/2023Multidistrict Litigation Reply filed  Movants' Reply in Support of Joint Motion to Transfer filed on behalf of Texas Materials Group by attorney Ben Zinnecker
05/01/2023Multidistrict 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
05/01/2023Motion before the MDL Panel disposedFiling granted Second Motion for Extension of Time to File Reply in Support of Motion to Transfer granted.  The reply is due May 8, 2023.  
04/28/2023Multidistrict 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
04/27/2023Call 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.
04/21/2023Multidistrict 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
04/17/2023Motion before the MDL Panel disposedFiling granted Motion for Extension of Time to File Reply in Support of Motion to Transfer granted.  The reply is due May 1, 2023.  
04/14/2023Multidistrict 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
04/10/2023MDL Response to Motion for Transfer  Public Condominium Community, Inc., et al.'s Response to Motion to Transfer filed by attorney Mari Perczak
04/10/2023MDL Response to Motion for Transfer  CPH Structural Engineering, Inc.'s Response to the Joint Motion to Transfer filed by attorney Michael Gerstle
04/07/2023MDL Response to Motion for Transfer  Motion to Remand and Objection to MDL Transfer filed on behalf of James S. Nix, et al.
04/06/2023MDL 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
04/06/2023MDL 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
04/05/2023MDL Motion to Stay disposedFiling 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
03/21/2024Multidistrict Litigation Motion  Howard W. Gaddis, Jr. and Resnick & Louis P.C.'s Unopposed Motion to Grant Partial Relief from Stay Solely for the Purpose of Motion for Withdrawal and Substitution of Counsel for A&B Pools, LLC d/b/a All Clear Pools
03/17/2023Motion 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
03/17/2023Multidistrcit 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▲▼Party Type▲▼Representative▲▼
Texas Materials Group, Inc.MovantSamantha Jeffers
Mr. Benjamin Zinnecker
Sorapuru, AdrianPlaintiff(s)Marggy Pabon
Easy Mix Concrete Services, LLCMovantMr. Scott G. Ball
Premier ATX Industries, LLCDefendant(s)Mr. Michael S. Truesdale
MDL PlaintiffRespondentMr. Anthony Fred Ciccone
Big Dog Gunite, L.L.C.Other interested party John Donovan
Court of Appeals Information:
 
 
 
 
Trial Court Information