Orders by Date
July 12, 2021 |
Early vetting committee update; additional pretrial deadlines for Taylor trial; Blum trial; proposed consolidation of Taylor and Adkins trials; January consolidated trial of Hensley, Sloan, and Wayman; Post-judgment interest and appeals in Estes, Hacker, Keefer, and Baker case; Group C & D schedules; Vietas deposition; Future trials. |
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July 2, 2021 |
Order consolidating Hensley, Sloan, and Wayman for trial in January 2022. |
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June 28, 2021 |
Order rescheduling 20th CMC to begin at 8:30AM on Friday July 9. |
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June 14, 2021 |
Order Setting 20th CMC for July 9 |
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June 3, 2021 |
Bellwether Plaintiff Michelle Blum's trial will begin October 18, 2021 and conclude by Friday, October 29, 2021. A pretrial conference will be held on October 7, 2021, beginning at 8:30AM. The attorney's conference required by paragraph III must be held no later than September 3, 2021. The pretrial stipulation and other papers required by paragraphs IV and V must be filed no later than September 13, 2021. Motions in limine regarding evidentiary matters known to counsel or those that should be reasonably anticipated must be filed no later than September 13, 2021, with responsive memoranda due within five (5) calendar days. Signed by JUDGE M CASEY RODGERS on 6/3/2021. |
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June 3, 2021 |
Bellwether Plaintiff Joseph Taylor's trial will begin September 20, 2021 and conclude by Friday, October 1, 2021. A pretrial conference will be held on September 3, 2021, beginning at 8:30AM. The attorney's conference required by paragraph III must be held no later than July 30, 2021. The pretrial stipulation and other papers required by paragraphs IV and V must be filed no later than August 16, 2021. Motions in limine regarding evidentiary matters known to counsel or those that should be reasonably anticipated must be filed no later than August 16, 2021, with responsive memoranda due within five (5) calendar days. |
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May 28, 2021 |
Juror Questionnaires in Baker |
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May 28, 2021 |
Trial Time Allocation in Baker |
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May 26, 2021 |
Plaintiff Leadership Reappointments |
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May 2, 2021 |
Juror Questionnaires in McCombs |
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May 2, 2021 |
Trial Time Allocation in McCombs |
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April 9, 2021 |
Motions in Limine in Baker and McCombs cases |
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April 7, 2021 |
Plaintiff Leadership Reappointments |
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March 20, 2021 |
Juror Questionnaires for first bellwether trial |
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February 24, 2021 |
Pretrial schedule with deadlines for exchanging exhibit lists, witness lists, and depo designations in the Baker and McCombs cases. |
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February 24, 2021 |
Sets forth pretrial deadlines and trial procedures in the Baker and McCombs cases. |
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February 22, 2021 |
Amended Discovery and Pretrial Schedule for Groups B, C, and D |
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February 17, 2021 |
Participation Agreement (attached as Ex. A); Litigation Fee and Expense Funds; Assessment Distributions |
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February 13, 2021 |
Motions in Limine |
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February 4, 2021 |
Deadlines for Exhibit Lists for First Group A Bellwether Trial |
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February 4, 2021 |
Bifurcated pretrial conferences and amendment to Order Setting Trial extending March pretrial conference to March 15-19, 2021 |
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February 4, 2021 |
Deadlines for Witness Lists and Deposition Designations for First Group A Bellwether Trial |
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February 3, 2021 |
Amendment to PTO 64 re: Objections |
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January 29, 2021 |
Amends Order Setting Trial and Pretrial Schedule with new dates for the start of jury deliberations and for the pretrial conference in the McCombs and Baker cases |
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January 29, 2021 |
Trial Time Allocation for the First Bellwether Trial |
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January 25, 2021 |
Pretrial matters for the first, second and third bellwether trials; suspending deadlines for Groups B and C |
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January 25, 2021 |
Sets forth pretrial deadlines and trial procedures for the first bellwether trial. All dates in this Order supersede all previously-set dates or deadlines. |
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January 15, 2021 |
Requires parties to meet and confer with Judge Herndon and make a good faith effort to resolve any further disputes, including motions in limine, before filing a motion with the Court. |
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December 31, 2020 |
Order requiring Trial Groups B, C, and D Plaintiffs to supplement ESI production 90 days before their respective trials |
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December 31, 2020 |
Amends Group D deadlines in PTO 46 |
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December 21, 2020 |
Amends remaining expert deadlines in PTO 46 for Group B |
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December 1, 2020 |
Expert Deposition Protocol for Trial Group A |
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November 24, 2020 |
Updates on pending motions related to Government discovery; stipulations with the Government on supplemental productions; other government discovery issues; Group A Consolidation Briefing schedule; Group A Expert Deposition Schedule; supplemental ESI production for Group A; sequencing of Defense Medical Exams for Groups C and D |
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November 6, 2020 |
Protocol for Case Specific Depositions for Trial Groups B, C, and D |
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November 2, 2020 |
Amends PTO 22 to include procedure for requesting reinstatement of a previously dismissed case. |
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November 2, 2020 |
Amends PTO 50 to provide further instruction regarding subpoenas issued for Government witness depositions |
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October 28, 2020 |
Scheduling depositions of witnesses subject to motions to quash; updated productions of records from VA; Bellwether discovery issues including Defense Medical Exams, limit on number of depositions, sales representative discovery, and timing of expert depositions; choice of law hearing parameters; request for briefing schedule regarding consolidation of Group A cases. |
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October 20, 2020 |
Medical Examinations of Plaintiffs in Group A Cases |
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October 5, 2020 |
Choice of law briefing and hearing schedule. |
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October 2, 2020 |
Amends Pretrial Order No. 46 with deadlines for Motions to Compel and Responses for Trial Groups C and D, and also amends the deadline to complete Plaintiffs’ depositions in Trial Group D by January 30, 2021. |
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September 29, 2020 |
Government subpoenas, motions to quash, and motions to transfer update; Instruction regarding independent records collection from the government; TAR training process complete; Stipulations to narrow the scope of case specific bellwether depositions and Defense Medical Exams; Additional written discovery not permitted; Choice of law briefing schedule and Motion to Compel Discovery for Trial Groups C and D schedule requested; Update on Minnesota cases. |
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September 21, 2020 |
Amends Pretrial Order No. 43 to extend expert disclosure and rebuttal reports deadlines by one week |
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September 1, 2020 |
Joint agenda to be posted on 3M MDL website; Court's expectations regarding individual counsel for bellwether plaintiffs; Choice of Law Committee and chart; Depositions of Government witnesses live calendar; Document stipulations to narrow scope of case-specific bellwether depositions; Other discovery matters |
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August 27, 2020 |
Case-Specific Deposition Protocol for Trial Group A |
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August 20, 2020 |
Amends the 14-day review period set forth in Pretrial Order Nos. 25 and 39 for the production of VA records to a 28-day review period |
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August 20, 2020 |
Amends Pretrial Order No. 13 by requiring the parties to issue subpoenas for any Government witness deposition and any Government documents, pursuant to FRCP 45 |
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August 19, 2020 |
Amends the discovery schedule for Trial Groups B, C, and D as set forth in Pretrial Order No. 46 |
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August 19, 2020 |
Initial deadlines for new initial bellwether cases |
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July 31, 2020 |
Discovery and Pretrial Schedule for Trial Groups B, C, and D |
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July 31, 2020 |
Deposition Scheduling; Choice of Law Committee; Outstanding Company Discovery including 30b6 deposition dispute, additional custodians, and Defendants’ net worth; Trial Group B, C, and D schedule; Trial Group B Written Discovery; Trial Group A counsel appearances at next CMC |
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July 28, 2020 |
New initial bellwether cases to replace removed Plaintiffs |
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July 15, 2020 |
Supplemental TAR Protocol |
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July 9, 2020 |
Second Science Day Parameters |
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June 30, 2020 |
Order Expediting the Authorization and Release of Protected Information Relating to Individual Plaintiffs. |
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June 29, 2020 |
Bellwether Plaintiffs Lonnie Burgus and Sigifredo Garcia; Discovery and Trial Schedule for Trial Group A; Outstanding Discovery including Government Discovery, Depositions, Written Discovery, and the TAR Protocol; Choice of Law Committee; Science Day on Ototoxic Medications; Upcoming Case Management Conferences |
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June 29, 2020 |
Amended Discovery and Trial Schedule for Trial Group A Cases |
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June 11, 2020 |
Plaintiffs’ discovery obligations regarding electronically stored information relevant to the Bellwether Plaintiffs |
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June 3, 2020 |
Joint Coordination Order Relating to Minnesota Actions |
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June 2, 2020 |
Amends the discovery and trial schedule set forth in Pretrial No. 28 for the initial bellwether cases. |
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June 2, 2020 |
Federal-state court coordination order; Earplugs and wallet card samples; Government discovery; Corporate discovery; Bellwether cases; Oral arguments on cross-motions for summary judgment; Upcoming case management conferences |
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June 1, 2020 |
Amendments to Pretrial Order No. 25 regarding the manner in which the parties may obtain, review, share, and use certain confidential records produced by the Department of Veterans Affairs |
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May 29, 2020 |
Ellen K. Reisman appointed as Special Master |
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May 17, 2020 |
Amended Plaintiff Leadership Reappointments |
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May 13, 2020 |
Remote Depositions |
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April 29, 2020 |
Remote depositions; State court coordination order; Earplug and Wallet Card Samples; Case management conferences through end of 2020 |
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April 28, 2020 |
Changes in Firms or Representation |
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April 14, 2020 |
April CMC will be telephonic; July CMC moved to July 29, 2020; Defendants may file consolidated response to new remand motions; Health care authorizations; Simultaneous briefing on remote depositions by April 17, 2020 |
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March 18, 2020 |
Plaintiff Leadership Reappointment Process |
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March 6, 2020 |
Judge David Herndon’s Special Master role is expanded |
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February 27, 2020 |
Initial Bellwether Cases; Lexecon waivers due from both sides within 14 days after administrative cases transferred to MDL docket |
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February 26, 2020 |
Schedules case management conferences through December 2020 |
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February 25, 2020 |
VA discovery update; Parties may move for leave to file motion for summary judgment on federal government contractor defense in an individual case if additional evidence is discovered after April 1, 2020 |
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February 25, 2020 |
Discovery & Trial Schedule for Initial Bellwether Cases |
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February 13, 2020 |
Suspension of initial census deadlines (applies to ALL cases) |
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February 11, 2020 |
Briefing schedule for affirmative defenses; Initial bellwether process; Bellwether trials will be randomly selected in four pools of five cases each |
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February 5, 2020 |
Confidentiality of certain medical information (38 U.S.C. § 7332) |
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January 21, 2020 |
Bellwether Selection Protocol |
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January 21, 2020 |
Bellwether process; Phase 1 and expert discovery; Upcoming CMCs |
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January 9, 2020 |
Appoints Randy Sansom, CPA, as Plaintiffs’ Common Benefit Special Master (and removes Ellen Reisman) and amends Common Benefit Order No. 1 |
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January 7, 2020 |
Replaces and supersedes Pretrial Order Nos. 20 and 21 regarding the administrative docket |
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November 25, 2019 |
Initial census deadlines suspended; Government discovery; Phase 1 dispositive motions; Additional discovery issues; Bellwether protocol; Lien resolution; Upcoming case management conferences |
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November 19, 2019 |
Case management conferences scheduled through May 2020 |
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October 22, 2019 |
Initial case census requirements |
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October 16, 2019 |
Order Governing Adoption of Master Complaint and Short Form Complaint for Filed Cases |
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October 15, 2019 |
Judge David Herndon appointed as a Special Master |
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October 15, 2019 |
Multi-Plaintiff Actions |
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October 3, 2019 |
Master pleadings; Census/tolling; Discovery; Discovery master; Motions to remand; Multi-plaintiff actions; Confidentiality |
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August 27, 2019 |
Discovery updates; Census/Tolling; Upcoming case management conferences |
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August 19, 2019 |
Order regarding Service of Discovery Requests, Responses and Related Documents through MDL Centrality |
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August 9, 2019 |
Science Day Agenda |
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July 30, 2019 |
Deposition Protocol |
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July 29, 2019 |
Science Day and 4th Case Management Conference; Depositions from the Moldex Cases; 30(b)(6) Depositions; TAR & Plaintiffs’ Document Requests; Deposition Protocol |
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July 19, 2019 |
BrownGreer PLC appointed to serve as electronic platform firm for this litigation. |
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July 12, 2019 |
Preliminary procedures and guidelines for attorney applications for payment of common benefit fees and/or expenses |
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July 1, 2019 |
Protocol relating to the use of Technology Assisted Review (“TAR Protocol”) |
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June 20, 2019 |
Pleadings issues; Stay of discovery lifted; Phase 1 Discovery Schedule; Deposition Protocol; Class issues; Schedule for case management conferences; Biweekly calls with leadership counsel |
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June 20, 2019 |
Defense Leadership Appointments |
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June 17, 2019 |
Order Governing Production of Documents and Electronically Stored Information |
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June 17, 2019 |
Joint Stipulated Order for Preservation of Documents and Electronically Stored Information |
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June 17, 2019 |
Stipulated Order Governing Confidentiality and Privilege |