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Abilify Products Liability Litigation - MDL No. 2734 Orders By Category

Title
October 24, 2017 Cancellation of October 27, 2017 Case Management Conference

Cancellation of October 27, 2017 Case Management Conference

Case Management Orders
Title
June 05, 2019 1145 - Common Benefit Fund Order No. 6

Procedures for the submission and review of Common Benefit Applications seeking compensation and reimbursement for services performed and expenses incurred by Participating Counsel.

February 25, 2019 1137 – Order Regarding Pro Se Plaintiffs

This Order sets forth certain obligations of pro se plaintiffs who intend to decline to participate in the settlement program and proceed with the litigation.

February 25, 2019 1135 – Order Regarding Settlement Agreement and Deadlines

This Order establishes deadlines related to the parties’ settlement agreement.

February 25, 2019 1136 – Order Regarding Case Review Process

This Order establishes plaintiffs’ counsels’ obligation to review and certify cases in which they intend to proceed with the litigation.  

February 22, 2019 1131 - Order Establishing QSF & Appointing Claims Administrators

This Order establishes the MDL 2734 Qualified Settlement Fund and appoints Claims Administrators, a Claims Review Committee, and a Financial Administrator for the Fund.

February 15, 2019 1126 - Order Setting 19th CMC.

This Order sets a case management conference for February 20, 2019 at 10:00 a.m., Central Time.

January 31, 2019 1112 – Order to Show Cause.

This Order directs the 421 individual plaintiffs who failed to timely submit Plaintiff Profile Forms and/or Supplemental Plaintiff Profile Forms to BrownGreer, PLC to show cause why his or her case should not be dismissed with prejudice for failure to comply with an order of the Court.

January 29, 2019 1111 – Case Management Order No. 18.

 The Court held the 18th Case Management Conference in this matter on January 25, 2019.  This Order serves as a non-exhaustive recitation of the key points of discussion at the conference.

December 14, 2018 1080 - Order on Rexulti Discovery.

This Order denies Plaintiffs’ request for limited discovery pertaining to the prescription drug Rexulti.

December 04, 2018 1072 – Case Management Order No. 17.

The Court held the 17th Case Management Conference in this matter on November 27, 2018.  This Order serves as a non-exhaustive recitation of the key points of discussion at the conference.

December 04, 2018 1074 – Order, Cancelling December 2018 Case Management Conference.

By consent of the parties, the case management conference set for December 18, 2018 has been cancelled.

December 04, 2018 1073 – 6 Fast-Track Cases, Discovery Schedule.

This Order establishes a discovery schedule for the fast-track cases and memorializes the Court’s rulings on several discovery issues raised at the 17th Case Management Conference.

October 29, 2018 Case Management Order No. 16

The Court held the Sixteenth Case Management Conference in this matter on October 26, 2018.  This Order serves as a non-exhaustive recitation of the key points of discussion at the conference.

September 14, 2018 993 - Case Management Order No. 15

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 986 - Order, Supplemental Plaintiff Profile Forms

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

August 10, 2018 Order Establishing Second Group of Potential Discovery & Trial Pool Cases

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 Order Regarding Selection of the Second Group of Potential Trial Cases

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

June 13, 2018 Case Management Order No. 14

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 Case Management Order No. 13, 804

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 Order Setting Trial and Pretrial Schedule for Lilly Case, 790

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

 

February 14, 2018 Case Management Order No. 12, 749

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 Case Management Order No. 11, 691

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 08, 2018 Case Management Order No. 10, 651

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 Case Management Order No. 9

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 CMO 7

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 06, 2017 CMO 6

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 09, 2017 CMO 5

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 Case Management Order No. 4
March 09, 2017 Case Management Order No. 3
February 02, 2017 Case Management Order No. 2

Case Management Order No. 2

December 22, 2016 Amendment to Case Management Order No. 1

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 08, 2016 Case Management Order No. 1

This Order establishes initial procedures for this case.

Discovery Conference Orders
Title
May 02, 2017 Discovery Conference Order No. 11

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 Discovery Conference Order No. 10
April 11, 2017 Discovery Conference Order No. 9
April 03, 2017 Discovery Conference Order No. 8
March 16, 2017 Amended Order [ECF No. 12]
February 24, 2017 Discovery Conference Order No. 7
February 10, 2017 Discovery Conference Order No. 6

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

January 19, 2017 Discovery Conference Order No. 5

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 Discovery Conference Order No. 4

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 Discovery Conference Order No. 3

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 06, 2016 Discovery Conference Order No. 2

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 Discovery Conference Order No. 1

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.

Other Orders
Title
November 08, 2018 1043 - Order, Granting Plaintiffs' Omnibus Motion to Remand Cases to California State Courts

This order grants Plaintiffs’ omnibus motion to remand 21 multi-plaintiff cases to California state courts.

November 06, 2018 Order Regarding Deficiency Process for Plaintiff Fact Sheets, Records Authorizations, Plaintiff Profile Forms and Supplemental Plaintiff Profile Forms

This Order establishes formal procedures and timelines for addressing deficiencies in Plaintiff Fact Sheets, Records Authorizations, Plaintiff Profile Forms, and Supplemental Plaintiff Profile Forms.

September 14, 2018 995 - Order & Notice

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 02, 2018 Global Settlement Order Number 1

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

April 28, 2018 Order, Settlement of First Trial Pool Cases

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 Order Setting Settlement Conference, 871

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 Order, 849

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 Common Benefit Fund Order No. 5, 848

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 02, 2018 Order Adopting Proposed Case-Specific Deadlines for Lilly Case, 834

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.

 

April 02, 2018 Order Adopting Proposed Case-Specific Deadlines for Viechec Case, 833

The parties’ proposed order is adopted.

March 30, 2018 Stipulation and Revised Scheduling Order for Viechec-Specific Deadlines, 828

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

 

March 30, 2018 Stipulation and Revised Scheduling Order for Lilly-Specific Deadlines, 829

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

 

March 15, 2018 Amended Order on Daubert Motions and General Causation, 796

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

 

March 13, 2018 Order Setting Trial and Pretrial Schedule for Lyons Case, 788

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

 

March 13, 2018 Order Setting Trial and Pretrial Schedule for Viechec Case, 789

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

 

March 13, 2018 Order, 786

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

October 19, 2017 Amended Stipulated Order Regarding Abbreviated Service Procedures, 579
August 22, 2017 Order Scheduling August and September CMCs

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 Structure of Daubert Hearing
June 29, 2017 Order Setting August Settlement Conference

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 Stipulated Order Regarding Scope of Forthcoming Daubert Hearing
May 23, 2017 Order on Parties' Stipulation Regarding Remaining General Causation Depositions
May 20, 2017 Order Regarding NY CMC

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

May 15, 2017 Order Regarding Scope of Etminan Deposition

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

May 12, 2017 Order Regarding Court Reporters

Order regarding court reporters who travel outside their licensing jurisdiction.

May 04, 2017 Joint Stipulated Pretrial Order Governing Qualification of Documents Generated by a Party as Authentic or Business Record
May 01, 2017 Orders Governing the Rules and Procedures Regarding the Authorization and Release of Protected Information Relating to Individual Plaintiffs
April 28, 2017 Order Authorizing the Deposition of Mahyar Etminan

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

April 25, 2017 Order

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 Supplemental Protective Order Governing the Disclosure of Certain Protected Health Information
April 19, 2017 Stipulated Order Regarding Defendants' Production of Clinical Data and the Parties' Biostatistician Expert Reports

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 Stipulated Order Regarding MDL Centrality
April 06, 2017 Stipulated Order Resolving Production of Adverse Event Information
April 03, 2017 Stipulated ORder Regarding Abbreviated Service Procedures
March 28, 2017 Stipulated Order Regarding OPC's Motion to Dismiss for Lack of Personal Jurisdiction and Limitations on Discovery of OPC
March 23, 2017 Stipulated Order Establishing Case Management Schedule

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 09, 2017 Order Regarding Parties' Discovery Stipulations

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.

March 09, 2017 Order Regarding Contact with Physicians

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

February 28, 2017 Order

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

February 21, 2017 General Causation Discovery Scheduling Order
February 21, 2017 Common Benefit Fund Order No. 1
February 07, 2017 Order for Preservation and Production of Documents, Electronically Stored Information, and Privileged Documents
January 28, 2017 Order

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

January 28, 2017 Order

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

December 16, 2016 Order Regarding Science Day and MDL Website

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

December 16, 2016 Order Appointing Leadership Counse

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 Order Regarding Scope of General Causation Discovery

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

November 30, 2016 Order Regarding Master Long Form Complaint and Corresponding Short Form Complaint

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

November 28, 2016 Order on Procedures for Direct Filing and Master Pleadings

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 Order Regarding Core Discovery

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

November 16, 2016 Order Establishing Leadership Structure

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

November 03, 2016 Order Striking Notices of Appearance

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

October 21, 2016 Order regarding docketing and filing

**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 Conference Call Memo

November 7th conference call instructions.

October 19, 2016 Order Establishing Interim Procedures

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.