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May 18, 2005 - The Old Cal-Shake Class Litigation SubClass proceeds to trial against Old Cal-Shake. The jury was asked to determine, among other things, whether the Old Cal-Shake class representative and certain homeowners whose cases were tried as part of a random sample were entitled to recover damages.
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June 14, 2005 - The jury in the trial against Old-Cal-Shake issues a series of special verdicts. The jury found that the Old Cal-Shake product was negligently designed and that the class representative, and some of the random sample homeowners, were entitled to recover damages.
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July 11, 2005 - Old Cal-Shake files motion to decertify the class.
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August 1, 2005 - Court hears the motion filed by Old Cal-Shake to decertify the class and denies the motion.
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August 1, 2005 - Court sets October 3, 2005 as the tentative date for further trial proceedings. During these proceedings, the Court will determine what judgment should be entered in light of the jury’s special verdicts issued on June 14, 2005.
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October 3, 2005 - Court sets February 6, 2006 as the final date for further trial proceedings.
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November 21, 2005 - Court enters Order Re-Setting Trial Date and Pretrial Status Conference. The trial of the next phase of the Old Cal-Shake Litigation has been scheduled to begin on March 20, 2006. The Court will hold a pretrial status conference on February 27, 2006.
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February 27, 2006 - Court enters
Order Re-Setting Trial Date and
Pretrial Status Conference. The
trial of the next phase of the Old
Cal-Shake Litigation has
been scheduled to begin on June 26,
2006. The Court will hold a pretrial
status conference on June 5, 2006.
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June 28, 2006 - The damage phase of
the Old Cal Shake trial commenced as
scheduled on Monday, June 26, 2006.
The trial was interrupted on
Tuesday, June 27 2006, by a
“wildcat” strike with the employees
of the County of Contra Costa. The
trial proceeded on Wednesday, June
28, 2006. At the conclusion of the
proceedings on Wednesday afternoon,
the parties and the Court agreed
that the trial could not be
completed in the allocated time. The
Court has ordered that the parties
submit closing briefs regarding
various issues relating to the
application of statistics. The
parties have been ordered to appear
before the Court on August 14, 2006
for a further status conference at
which time a new trial date will be
set.
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August 22, 2006 –Honorable David B.
Flinn sets final hearing date of
October 27, 2006 for the Old
Cal-Shake Class. Final evidence will
be presented on the subject of an
aggregate award for the Old Cal
Shake Class.
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October 31, 2006 -
A status conference was conducted with Judge Flinn on October 30, 2006.
All counsel advised the Court that the parties had reached a settlement
in the amount of $2,975,000 with respect to claims against Old Cal Shake.
The Court set a hearing for November 20, 2006 for the purpose of considering
Plaintiffs motion for preliminary approval of the settlement.
Once the Court grants preliminary approval, notice of the settlement will
be published in various media outlets as well as a direct mailing to
Old Cal Shake homeowners. A Motion for Final Approval and a Fairness
Hearing will be scheduled after the completion of the notice program.
The Final Hearing will take place in March 2007.
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December 20, 2006 – A status
conference was conducted with Judge
Flinn on December 14, 2006. The
preliminary hearing has been
continued and will be heard in
February 2007. The Final Hearing
will take place in June 2007.
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March
14 2007: The preliminary hearing is
now tentatively scheduled for April
2007. The Final Hearing will take
place in August 2007.
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May 1 2007: The preliminary hearing
has been continued and will now be
heard in June 2007. The Final
Hearing will take place in October
2007.
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July 19
2007: The Honorable David Flinn has
granted preliminary approval of the
Old Cal Shake Settlement. The final
hearing is scheduled to take place
on October 31st 2007 at 9:00 am.
