Orders by Date

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.

Amended Discovery and Trial Schedule for Trial Group A Cases

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

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

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

The Science Day proceeding is scheduled for Monday, August 26, 2019 at 9:00 a.m. (Central).

Appoints Ellen Reisman as Plaintiffs’ Common Benefit Special Master and Randy Sansom as CPA

Science & Technology Day cancelled; Technology presentations incorporated into the Rule 16/case management conference on June 17, 2019.

Plaintiff leadership appointments

Plaintiff leadership presentations

Procedures for direct filing.

Pro hac vice admission; Direct filing; Multi-plaintiff actions; Motions to certify class; Touhy presentation; Rule 26(f) conference; Rule 16 conference; Science & Technology Day; Court contacts; Website

Schedule and procedure for appointing the plaintiff leadership structure; Application for plaintiff leadership position

Master and individual dockets; Electronic filing; Attorney Admission; Notices of Appearance; Service of Process
 

Consolidation; Setting initial case management conference; Appointment of interim lead and liaison counsel; Extension of time for Defendants to respond to complaint(s); Stay of discovery; Misc. administrative matters

Magistrate Judge Gary R. Jones assigned to the litigation.

Order from the Judicial Panel on Multidistrict Litigation, transferring this case to the Northern District of Florida.