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.

July 2, 2021

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

June 28, 2021

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

June 14, 2021

Order Setting 20th CMC for July 9

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.

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.

May 28, 2021

Juror Questionnaires in Baker

May 28, 2021

Trial Time Allocation in Baker

May 26, 2021

Plaintiff Leadership Reappointments

May 2, 2021

Trial Time Allocation in McCombs

May 2, 2021

Juror Questionnaires in McCombs

April 9, 2021

Motions in Limine in Baker and McCombs cases

April 7, 2021

Plaintiff Leadership Reappointments

March 20, 2021

Juror Questionnaires for first bellwether trial

February 24, 2021

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

February 24, 2021

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

February 22, 2021

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

February 17, 2021

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

February 13, 2021

Motions in Limine

February 4, 2021

Deadlines for Exhibit Lists for First Group A Bellwether Trial

February 4, 2021

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

February 4, 2021

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

February 3, 2021

Amendment to PTO 64 re: Objections

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

January 29, 2021

Trial Time Allocation for the First Bellwether Trial

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.

January 25, 2021

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

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.

December 31, 2020

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

December 31, 2020

Amends Group D deadlines in PTO 46

December 21, 2020

Amends remaining expert deadlines in PTO 46 for Group B

December 1, 2020

Expert Deposition Protocol for Trial Group A

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

November 6, 2020

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

November 2, 2020

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

November 2, 2020

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

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.

October 20, 2020

Medical Examinations of Plaintiffs in Group A Cases

October 5, 2020

Choice of law briefing and hearing schedule.

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.

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.

September 21, 2020

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

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

August 27, 2020

Case-Specific Deposition Protocol for Trial Group A

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

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

August 19, 2020

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

August 19, 2020

Initial deadlines for new initial bellwether cases

July 31, 2020

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

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

July 28, 2020

New initial bellwether cases to replace removed Plaintiffs

July 15, 2020

Supplemental TAR Protocol

July 9, 2020

Second Science Day Parameters

June 30, 2020

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

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

June 29, 2020

Amended Discovery and Trial Schedule for Trial Group A Cases

June 11, 2020

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

June 3, 2020

Joint Coordination Order Relating to Minnesota Actions

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

June 2, 2020

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

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

May 29, 2020

Ellen K. Reisman appointed as Special Master

May 17, 2020

Amended Plaintiff Leadership Reappointments

May 13, 2020

Remote Depositions

April 29, 2020

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

April 28, 2020

Changes in Firms or Representation

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

March 18, 2020

Plaintiff Leadership Reappointment Process

March 6, 2020

Judge David Herndon’s Special Master role is expanded

February 27, 2020

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

February 26, 2020

Schedules case management conferences through December 2020

February 25, 2020

Discovery & Trial Schedule for Initial Bellwether Cases

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

February 13, 2020

Suspension of initial census deadlines (applies to ALL cases)

February 11, 2020

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

February 5, 2020

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

January 21, 2020

Bellwether process; Phase 1 and expert discovery; Upcoming CMCs

January 21, 2020

Bellwether Selection Protocol

January 9, 2020

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

January 7, 2020

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

November 25, 2019

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

November 19, 2019

Case management conferences scheduled through May 2020

October 22, 2019

Initial case census requirements

October 16, 2019

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

October 15, 2019

Judge David Herndon appointed as a Special Master

October 15, 2019

Multi-Plaintiff Actions

October 3, 2019

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

August 27, 2019

Discovery updates; Census/Tolling; Upcoming case management conferences

August 19, 2019

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

August 9, 2019

Science Day Agenda

July 30, 2019

Deposition Protocol

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

July 19, 2019

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

July 12, 2019

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

July 1, 2019

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

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

June 20, 2019

Defense Leadership Appointments

June 17, 2019

Order Governing Production of Documents and Electronically Stored Information

June 17, 2019

Joint Stipulated Order for Preservation of Documents and Electronically Stored Information

June 17, 2019

Stipulated Order Governing Confidentiality and Privilege