Minutes | Filed: October 02, 2026
| Entered: October 02, 2026
Wilson et al v. Lafarge, S.A. et al
P.I.: Other | New York Eastern
Status Conference ~Util - Set Deadlines/Hearings
MINUTE ENTRY AND ORDER: A Status Conference was held before Magistrate Judge Peggy Kuo on September 28, 2026, by video. Tracy R. Kalik, Esq. and Noel J. Nudelman, Esq. appeared on behalf of Plaintiffs. Albinas Prizgintas, Esq. Alyson Zureick, Esq., David W. Bowker, Esq., Jonathan Edward Paikin, Esq. and Michaela Wilkes Klein, Esq. appeared on behalf of Defendants. No other appearances.
The parties discussed the issues raised in the September 22, 2026 Joint Status Report 104 .
The 30(b)(6) deposition must proceed by November 13, 2026. The deadline for completion of all fact discovery is extended to November 20, 2026.
Defendants' request for Plaintiffs to produce additional electronically stored information (ESI) communications regarding the "nature and frequency" of their communications with their families is denied.
Plaintiffs are reviewing Defendants' Amended Responses to Plaintiffs' Requests for Admission, and no court intervention is needed at this time.
The parties were heard on Plaintiffs' Letter 103 production of Defendants' communications with French in-house counsel. Because the party asserting privilege bears the burden of proof, Defendants are directed to 1) provide Plaintiffs with the bar admission information for each attorney over whose communications Defendants are asserting privilege, and 2) clearly identify whether any communication for which they are asserting privilege originated from outside counsel.
The Court clarified that in accordance with its June 29, 2026 ruling, Defendants are authorized to take up to 85 depositions of 32 survivors and 53 family members. Defendants are not limited to deposing only one individual from each family.
After discussion with the Court, the parties agree that no Independent Medical Examinations ('IME') of Plaintiffs, if they occur at all, will take place prior to Summary Judgment Motion Practice.
The parties are directed to re-evaluate their request for case consolidation 101 . Any consolidation request must include 1) a chart indicating the similarities and differences among the cases to explain the substantive basis for consolidation rather than coordinated case management, and 2) up to five pages of explanation for each side.
The Court declined to hear the parties on Defendants' Letter 108 Regarding Report on the September 24, 2026 Deposition because they failed to confer with Plaintiffs prior to filing, as required by Judge Kuo's Individual Practice Rules VI(A). Any issues regarding the conduct of depositions in France will be discussed at the next status conference.
A Status Conference is scheduled for October 26, 2026 at 10:00 a.m. by video. A link to access this Zoom meeting will be provided to counsel separately. The parties are directed to log onto the platform at least 10 minutes before the start of the conference. Counsel are reminded that they may only appear on the record if they have filed notices of appearance.
The parties are directed to file a joint status report no later than October 19, 2026 outlining the progress of discovery. If there are unresolved discovery issues that need to be raised at the October 26, 2026 Status Conference, the parties must clearly and succinctly set out their positions on each disputed issue in the joint status report.
Ordered by Magistrate Judge Peggy Kuo on 10/1/2026. (FTR Log: 9:36 a.m -11:39 a.m.) (BTW)