Abilify Products Liability Litigation - MDL No. 2734

Orders by Category

October 24, 2017

Cancellation of October 27, 2017 Case Management Conference

Case Management Orders
September 14, 2018

The Court held the Fifteenth Case Management Conference in this matter on September 13, 2018.  This Order serves as a non-exhaustive recitation of the key points of discussion at the conference.

August 31, 2018

This Order requires all individual plaintiffs to submit a Supplemental Plaintiff Profile Form to BrownGreer PLC within a specified time period.

August 10, 2018

This Order identifies the 40 cases randomly selected from the pool of eligible bellwether plaintiffs to proceed with the next step in the discovery process and establishes corresponding deadlines for further narrowing the second group of potential discovery and trial pool cases. 

June 22, 2018

This Order establishes the procedure by which the second trial pool will be selected.

June 13, 2018

The Court held the Fourteenth Case Management Conference in this matter on June 12, 2018.  This Order serves as a non-exhaustive recitation of the key points of discussion between the Court and counsel at the conference.

March 20, 2018

The Court held the Thirteenth Case Management Conference in this matter on March 19, 2018.  This Order serves as a non-exhaustive recitation of the key points of discussion between the Court and counsel at the conference.

 

March 13, 2018

The Lilly matter is scheduled for trial commencing Monday, August 27, 2018.  This Order sets forth the pretrial schedule and procedures.

 

February 14, 2018

The Court held the Twelfth Case Management Conference in this matter on February 14, 2018.  This Order serves as a non-exhaustive recitation of the key points of discussion between the Court and counsel at the conference.

 

January 31, 2018

The Court held the Eleventh Case Management Conference in this matter on January 18, 2018.  This Order serves as a non-exhaustive recitation of the key points of discussion between the Court and counsel at the conference.

 

January 8, 2018

The Court held the Tenth Case Management Conference in this matter on December 14, 2017.  This Order serves as a non-exhaustive recitation of the key points of discussion between the Court and counsel at the conference.

 

September 29, 2017

The Court held the Ninth Case Management Conference in this matter on September 28, 2017. This Order serves as a non-exhaustive recitation of the key points of discussion between the Court and counsel at the conference.

June 30, 2017

The Court held the Seventh Case Management Conference in this matter on June 30, 2017. This Order serves as a non-exhaustive recitation of the key points of discussion between the Court and counsel at the conference.

June 6, 2017

The Court held the Sixth Case Management Conference in this matter on May 25, 2017. This Order serves as a non-exhaustive recitation of the key points of discussion between the Court and counsel at the conference.

May 9, 2017

The Court held Fifth Case Management Conference in this matter on March 5, 2017. This Order serves as a non-exhaustive recitation of the key points of discussion between the Court and counsel at the conference.

March 24, 2017
March 9, 2017
February 2, 2017

Case Management Order No. 2

December 22, 2016

This order modifies deadlines in Case Management Order No. 1 and reschedules the Third Case Management Conference for March 1, 2017 and Science Day for March 2, 2017

November 8, 2016

This Order establishes initial procedures for this case.

Other Orders
September 14, 2018

This Order identifies the six cases randomly selected from the 27 cases in the second discovery pool with Lexecon waivers from both sides, which will be placed on a fast-track for discovery and trial, as set forth in Case Management Order No. 15.

May 2, 2018

This Order establishes initial parameters by which the global mediation of this matter will proceed.

April 28, 2018

This Order memorializes the settlement of the first three trial pool cases.  All discovery and pretrial deadlines in those cases are suspended and the proceedings stayed. 

April 25, 2018

This Order sets a settlement conference, with respect to the three cases currently set for trial, for Friday, April 27, 2018 at 11:00 a.m. (CDT). The Settlement Master, Cathy Yanni, and the Settlement Committee will be in attendance.

 

April 12, 2018

On the parties’ joint request, due to trial and mediation preparation, the Fourteenth Case Management Conference currently scheduled for April 18, 2018 is hereby cancelled. All other deadlines remain in effect. 

 

April 11, 2018

This Order is entered to provide for the fair and equitable sharing among

plaintiffs, and their counsel, of the burden of services performed and expenses incurred by attorneys acting for the common benefit of all plaintiffs in this complex

litigation.

 

April 2, 2018

The parties’ proposed order is adopted.

April 2, 2018

With one exception, the parties’ proposed order is adopted.  The hearing on Lilly-specific Daubert and dispositive motions

cannot be held on July 31, 2018. The Court finds it appropriate to set that hearing for August 3,

2018, which is the date already set for the pretrial conference in the Lilly matter.

 

March 30, 2018

This Order memorializes the parties’ agreement regarding the proposed schedule for case-specific deadlines in Lilly v. BMS, et al., 3:17cv186.

 

March 30, 2018

This Order memorializes the parties’ agreement regarding the proposed schedule for case-specific deadlines in Viechec v. BMS, et al., 3:16cv291.

 

March 15, 2018

This Order resolves Defendants’ motion for summary judgment on general causation, and also the parties’ related Daubert motions.

 

March 13, 2018

This Order establishes the order in which the first trial pool cases will tried.

March 13, 2018

The Lyons matter is scheduled for trial commencing Monday, June 18, 2018.  This Order sets forth the pretrial schedule and procedures.

 

March 13, 2018

The Viechec matter is scheduled for trial commencing Monday, August 6, 2018.  This Order sets forth the pretrial schedule and procedures.

 

October 19, 2017
August 22, 2017

A Case Management Conference is scheduled for August 31, 2017 at 1:30 p.m. (CT). Additionally, because the previously scheduled September case management conference conflicts with Yom Kippur, the conference is rescheduled for September 28, 2017 at 9:30 a.m. (CT).

July 20, 2017
June 29, 2017

Order scheducling a settlement conference with the Settlement Master, Cathy Yanni, following the general causation hearing on August 3, 2017 at 9:30 a.m. (CDT).

June 15, 2017
May 23, 2017
May 20, 2017

Order scheduling pre-conference meeting for May 25, 2017 at 8:30 a.m. (EDT).

May 15, 2017

Order regarding the scope of the deposition of Dr. Mahyar Etminan.

May 12, 2017

Order regarding court reporters who travel outside their licensing jurisdiction.

May 4, 2017
May 1, 2017
April 28, 2017

Order authorizing the deposition of Mahyar Etminan and issuing letters rogatory to the Supreme Court of British Columbia.

April 25, 2017

Order scheduling the Sixth Case Management Conference for May 26, 2017 in Courtroom 9C at the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York 10007.

April 24, 2017
April 19, 2017

This order memorializes the parties’ agreement regarding Defendants’ pro-duction of clinical data and the timing of Plaintiffs and Defendants’ biostatistician expert reports that rely on such clinical data.

April 12, 2017
April 6, 2017
April 3, 2017
March 28, 2017
March 23, 2017

This Order establishes the case schedule for the five cases originally filed in the Northern District of Florida prior to the entry of the Order allowing direct filing.

March 9, 2017

This order governs counsel's ex parte contact with Plaintiffs' treating physicians.

March 9, 2017

This Order adopts the parties discovery stipulations regarding the scope of general causation, search terms, custodians, relevant time period for searching custodial documents, adverse event database format of production and search terms, source files, PDC minutes, depositions, and OPC's readiness plan.

February 28, 2017

This Order appoints Cathy Yanni as Settlement Master on recommendation of the Joint Settlement Committee.

February 21, 2017
February 21, 2017
February 7, 2017
January 28, 2017

This Order extends the deadline for the Joint Settlement Committee to submit a proposed settlement master until February 6, 2017.

January 28, 2017

This Order adopts the parties’ proposed schedule for OPC’s 30(b)(6) deposition and motions schedule.

December 16, 2016

This Order schedules Science Day for February 23, 2017. It also announces the establishment of this Abilify MDL website.

December 16, 2016

This Order appoints attorneys to the leadership structure previous established and creates a Plaintiffs' Fees and Common Benefit Fund Committee, an Electronically Stored Information Sub-Committee, and a Science and Expert Sub-Committee. 

November 30, 2016

This Order adopts the Master Long Form Complaint and sets deadlines to file Short Form Complaints in pending Abilify cases. 

November 30, 2016

This Order sets forth the scope of discovery on the issue of general causation, as agreed to by the parties. 

November 28, 2016

By agreement of the parties, this Order allows new Abilify cases to be filed directly into MDL No. 2734 in the Northern District of Florida. The procedures for direct filing and limitations on its impact are set forth within.

November 16, 2016

This Order establishes counsel leadership structure and solicits applications from interested attorneys of record. The application form is Attachment A.

November 16, 2016

This Order reflects the discovery required to be produced in the New Jersey litigation and adopts the same for the MDL action. 

November 3, 2016

This Order requires the Clerk of Court to strike all non-compliant notices of appearance. 

October 21, 2016

**AMENDED by Amended Order [ECF No. 12] filed on March 16, 2017** This Order establishes the procedures for docketing and filing in the MDL. It also establishes procedures for attorney admissions and notices of appearance.

October 20, 2016

November 7th conference call instructions.

October 19, 2016

This Order appoints Interim Co-Lead and Liaison Counsel for plaintiffs and establishes preliminary rules and procedures pending entry of a comprehensive case management order.

Discovery Conference Orders
May 2, 2017

The Court held a discovery conference call on April 26, 2017. This Order serves to memorialize the key topics of discussion during the call, including any agreements of counsel and orders of the Court.

April 13, 2017
April 11, 2017
April 3, 2017
March 16, 2017
February 24, 2017
February 10, 2017

This Order serves to memorialize the key topics of discussion during the February 10, 2017 conference call.

January 19, 2017

This Order serves to memorialize the key topics of discussion during the January 17, 2017 discovery conference call. The Order addresses the use of BrownGreer to facilitate case management and OPC’s 30(b)(6) deposition and motions schedule.

January 14, 2017

This Order serves to memorialize the key topics of discussion during the January 11, 2017 discovery conference call. The Order addresses Core Discovery document production, Jurisdictional Discovery and OPC’s Motion to Dismiss, contact with Plaintiffs’ expert witness, and case management.

December 22, 2016

This Order serves to memorialize the key topics of discussion during the December 21, 2016 discovery conference call, including any agreements of counsel and orders of the Court. The Order addresses Science Day, the Proposed Case Management Order, and motions to dismiss Short Form Complaints.

December 6, 2016

This Order serves to memorialize the key topics of discussion during the December 2, 2016 discovery conference call, including any agreements of counsel and orders of the Court. The Order addresses the Master and Short Form Complaints, the soon-to-be retained data management firm, Plaintiffs' Profile Forms, and Defendants' production of the New Drug Application. 

November 29, 2016

This order serves to memorialize the key topics of discussion during the November 22, 2016 discovery conference call, including any agreements of counsel and orders of the Court. The Order addresses Science Day, the retention of a Data Management Firm, and the composition of the Pre-Case Management Conference Meetings and the Joint Settlement Committee.