Orders by Date

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.

Order consolidating Hensley, Sloan, and Wayman for trial in January 2022.

Order rescheduling 20th CMC to begin at 8:30AM on Friday July 9.

Order Setting 20th CMC for July 9

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.

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.

Juror Questionnaires in Baker

Trial Time Allocation in Baker

Plaintiff Leadership Reappointments

Trial Time Allocation in McCombs

Juror Questionnaires in McCombs

Motions in Limine in Baker and McCombs cases

Plaintiff Leadership Reappointments

Juror Questionnaires for first bellwether trial

Pretrial schedule with deadlines for exchanging exhibit lists, witness lists, and depo designations in the Baker and McCombs cases.

Sets forth pretrial deadlines and trial procedures in the Baker and McCombs cases.

Amended Discovery and Pretrial Schedule for Groups B, C, and D

Participation Agreement (attached as Ex. A); Litigation Fee and Expense Funds; Assessment Distributions

Motions in Limine

Deadlines for Exhibit Lists for First Group A Bellwether Trial

Bifurcated pretrial conferences and amendment to Order Setting Trial extending March pretrial conference to March 15-19, 2021

Deadlines for Witness Lists and Deposition Designations for First Group A Bellwether Trial

Amendment to PTO 64 re: Objections

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

Trial Time Allocation for the First Bellwether Trial

Sets forth pretrial deadlines and trial procedures for the first bellwether trial.  All dates in this Order supersede all previously-set dates or deadlines.

Pretrial matters for the first, second and third bellwether trials; suspending deadlines for Groups B and C

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.

Order requiring Trial Groups B, C, and D Plaintiffs to supplement ESI production 90 days before their respective trials

Amends Group D deadlines in PTO 46

Amends remaining expert deadlines in PTO 46 for Group B

Expert Deposition Protocol for Trial Group A

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

Protocol for Case Specific Depositions for Trial Groups B, C, and D

Amends PTO 22 to include procedure for requesting reinstatement of a previously dismissed case.

Amends PTO 50 to provide further instruction regarding subpoenas issued for Government witness depositions

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.

Medical Examinations of Plaintiffs in Group A Cases

Choice of law briefing and hearing schedule.

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.

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.

Amends Pretrial Order No. 43 to extend expert disclosure and rebuttal reports deadlines by one week

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

Case-Specific Deposition Protocol for Trial Group A

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

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

Amends the discovery schedule for Trial Groups B, C, and D as set forth in Pretrial Order No. 46

Initial deadlines for new initial bellwether cases

Discovery and Pretrial Schedule for Trial Groups B, C, and D

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

New initial bellwether cases to replace removed Plaintiffs

Supplemental TAR Protocol

Second Science Day Parameters

Order Expediting the Authorization and Release of Protected Information Relating to Individual Plaintiffs.

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

Amended Discovery and Trial Schedule for Trial Group A Cases

Plaintiffs’ discovery obligations regarding electronically stored information relevant to the Bellwether Plaintiffs

Joint Coordination Order Relating to Minnesota Actions

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

Amends the discovery and trial schedule set forth in Pretrial No. 28 for the initial bellwether cases.

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

Ellen K. Reisman appointed as Special Master

Amended Plaintiff Leadership Reappointments

Remote Depositions

Remote depositions; State court coordination order; Earplug and Wallet Card Samples; Case management conferences through end of 2020

Changes in Firms or Representation

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

Plaintiff Leadership Reappointment Process

Judge David Herndon’s Special Master role is expanded

Initial Bellwether Cases; Lexecon waivers due from both sides within 14 days after administrative cases transferred to MDL docket

Schedules case management conferences through December 2020

Discovery & Trial Schedule for Initial Bellwether Cases

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

Suspension of initial census deadlines (applies to ALL cases)

Briefing schedule for affirmative defenses; Initial bellwether process; Bellwether trials will be randomly selected in four pools of five cases each

Confidentiality of certain medical information (38 U.S.C. § 7332)

Bellwether process; Phase 1 and expert discovery; Upcoming CMCs

Bellwether Selection Protocol

Appoints Randy Sansom, CPA, as Plaintiffs’ Common Benefit Special Master (and removes Ellen Reisman) and amends Common Benefit Order No. 1

Replaces and supersedes Pretrial Order Nos. 20 and 21 regarding the administrative docket

Initial census deadlines suspended; Government discovery; Phase 1 dispositive motions; Additional discovery issues; Bellwether protocol; Lien resolution; Upcoming case management conferences

Case management conferences scheduled through May 2020

Initial case census requirements

Order Governing Adoption of Master Complaint and Short Form Complaint for Filed Cases

Judge David Herndon appointed as a Special Master

Multi-Plaintiff Actions

Master pleadings; Census/tolling; Discovery; Discovery master; Motions to remand; Multi-plaintiff actions; Confidentiality

Discovery updates; Census/Tolling; Upcoming case management conferences

Order regarding Service of Discovery Requests, Responses and Related Documents through MDL Centrality

Science Day Agenda

Deposition Protocol

Science Day and 4th Case Management Conference; Depositions from the Moldex Cases; 30(b)(6) Depositions; TAR & Plaintiffs’ Document Requests; Deposition Protocol

BrownGreer PLC appointed to serve as electronic platform firm for this litigation.

Preliminary procedures and guidelines for attorney applications for payment of common benefit fees and/or expenses

Protocol relating to the use of Technology Assisted Review (“TAR Protocol”)

Pleadings issues; Stay of discovery lifted; Phase 1 Discovery Schedule; Deposition Protocol; Class issues; Schedule for case management conferences; Biweekly calls with leadership counsel

Defense Leadership Appointments

Order Governing Production of Documents and Electronically Stored Information

Joint Stipulated Order for Preservation of Documents and Electronically Stored Information

Stipulated Order Governing Confidentiality and Privilege