In Re: Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and Versys Femoral Head Products Liability Litigation
| 1:2018mc02859 |
| November 13, 2019 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Other |
| 28 U.S.C. ยง 1332 pi Diversity-Personal Injury |
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Filing
240
ORDER. It is hereby ORDERED that no later than April 25, 2024, the parties shall file on ECF a joint letter, described below, updating the Court on the status of the case. The joint letter shall not exceed eight pages and shall provide the following information in separate paragraphs: 1. A list of all member cases that remain to be litigated ("Live Cases"); 2. Whether any case other than the Live Cases that remains open can be closed (administratively or otherwise), specifically addre ssing the status of Sullens, which is open but has had no docket activity since July 13, 2022; 3. The status of the Master Settlement Agreement ("MSA"), including but not limited to the timing and process for dismissal of any not-yet-dismissed cases that are part of the MSA and as further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/12/24) (yv)
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ORDER AMENDING THE DEADLINE FOR PRODUCTION OF RULE 26 EXPERT REPORTS FOR NON-SETTLING PLAINTIFFS: The deadline for all non-settling plaintiffs to serve a Rule 26(a)(2)(B) expert report on Zimmer as sort forth in Order 67 (Dkt. 586) entered on November 4, 2022, is hereby extended to July 17, 2023. (Signed by Judge Paul A. Crotty on 5/31/2023) (ate)
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ORDER NO. 67 AMENDING DEADLINE FOR PRODUCTION OF RULE 26 EXPERT REPORTS FOR NON-SETTLING PLAINTIFFS. The deadline for all non-settling plaintiffs to serve a Rule 26(a)(2)(B) expert report on Zimmer as set forth in Paragraph 3 of Order No. 66 (Dkt . 581) entered on May 3, 2022, is hereby extended to June 15, 2023. The PEC and counsel for Zimmer shall provide chambers with a status update, on or before February 3, 2023. The Court hopes the parties will be able to provide a further breakdown of the Settlement Program and remains available should the parties request additional assistance or intervention. ENTERED: (Signed by Judge Paul A. Crotty on 11/4/22) (yv)
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AMENDED ORDER REGARDING THE MANAGEMENT OF TIMEKEEPING, COST REIMBURSEMENT AND RELATED COMMON BENEFIT ISSUES re: (53 in 1:18-md-02859-PAC) Order. The Court hereby amends Order No. 5, which adopted guidelines for Common Benefit Work and Common Benefit Expenses as further set forth in this Order. SO ORDERED. (Signed by Judge Paul A. Crotty on 7/25/22) (yv)
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ORDER NO. 66: STAYING ALL PROCEEDINGS DURING CLOSED SETTLEMENT PROGRAM AND GOVERNING LITIGATION OF CASES FOR NON-SETTLING PARTIES: Effective immediately, all consolidated proceedings in MDL No. 2859, as well as any proceedings in individual case s consolidated in the MDL, are stayed pending the outcome of the Settlement Program. This stay will remain in effect until the parties advise the Court that the conditions necessary for and payment by Zimmer of claims in the Settlement Program has occurred. The PEC and counsel for Zimmer shall provide a status update to chambers on the progress of the Settlement Program on or before October 31, 2022. and on or before July 15, 2022. And as set forth herein. (Signed by Judge Paul A. Crotty on 5/03/2022) (ama)
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ORDER GRANTING UNOPPOSED MOTION FOR SUBSTITUTION OF PARTY: granting (571) in case 1:18-md-02859-PAC; granting (57) in case 18-cv-11080 Motion to Substitute Party. On this date, having considered Plaintiffs' Unopposed Motion for Substitution of P arty ("Motion"), the points and authorities therein, and supporting documents, the Court hereby ORDERS that Plaintiffs' Motion is GRANTED. The Court further ORDERS: Plaintiff filed a suggestion of death on the record, contemporaneously with the Motion, on March 10, 2022. The Certificate of Death submitted in support of the Motion shows that Plaintiff Susan Proietti passed away on September 27, 2021. The Letters Testamentary submitted in support of the Motion show that Frank Proiet ti has been appointed Executor of the Estate of Susan Proietti on November 4, 2021. Frank Proietti has retained counsel and instructed them to substitute him, in his capacity as Executor, as Plaintiff in the above-captioned matter. For the foregoing reasons, it is hereby ORDERED that Frank Proietti is substituted, in his capacity as Executor of the Estate of Susan Proietti, as Plaintiff. (Signed by Judge Paul A. Crotty on 3/14/2022) (ama)
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ORDER NO. 65: ORDER FOR EXTENSION OF DEADLINES FOR THE SECOND BELLWETHER POOL SELECTION AND PROCESS: Upon consideration of the parties' agreed-to proposed amended schedule regarding deadlines for the Second Bellwether Pool Selection an d Process and in order to allow Plaintiffs' counsel additional time to obtain Lexecon waivers or objections from their clients, this Court extends all deadlines for the Second Bellwether Pool Selection and Process contained in Order 64 (Section VI,17) by one week. Accordingly, the new schedule is set forth as below: Deadline for parties to file Lexecon Objections: March 1, 2022. Deadline for parties to submit Second Bellwether Pool Eligibility list to the Court consisting of a ll cases that waive Lexecon and satisfy the inclusion criteria set forth in Paragraph 8 of Order 64: March 4, 2022. Court to randomly select 16 cases (8 from Category One and 8 from Category Two) for inclusion in the Second Bellwether Pool at the st atus conference: March 7, 2022 at 4:00 pm ET. Deadline for parties to file Notices of Bellwether Strikes: March 21, 2022 by 5:00 pm ET. Deadline for parties to file briefs on which four cases should be selected by the Court as the Second Bellwether cases: March 31, 2022. Commencement of case-specific fact discovery tor the Second Bellwether cases: The date the four second Bellwether cases are selected by the Court. Close of case-specific fact discovery for the Second Bellwether cases and deadl ine for the parties to submit letter briefs proposing the order of those cases: 120 days after the second bellwether trial pool cases are selected by the Court. SO ORDERED. ( Brief due by 3/31/2022., Status Conference set for 3/7/2022 at 04:00 PM before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 2/22/2022) (tg)
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ORDER NO. 64: ORDER GOVERNING THE SECOND BELLWETHER SELECTION AND PROCESS: This order sets forth the Court's instructions regarding the second bellwether selection process in MDL No. 2859. At a status conference on February 28, 2022 at 4:0 0pm ET, the Court will use a random selection process to identify 8 cases from Category One and 8 cases from Category Two. The Court adopts the following deadlines for the Second Bellwether Pool Selection and Process: And as set forth herein. SO ORDERED., ( Motions due by 3/24/2022.) (Signed by Judge Paul A. Crotty on 1/21/2022) (ama)
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OPINION & ORDER re: (496 in 1:18-md-02859-PAC) MOTION to Stay Remaining Initial Bellwether Trial Pool Cases Pending Nutting Appeal, filed by Plaintiffs' Executive Committee. The Court GRANTS Plaintiffs' motion to st ay the remaining initial bellwether cases. The cases Pride, No. 18-cv-10649, Goode, No. 19-cv-3504, and Little, No. 18-cv-10393 are STAYED pending the resolution of the appeal in Nutting, No. 19-cv-699. Zimmer and the PEC shall meet and confer before jointly submitting a proposed briefing schedule for a selecting a second round of four bellwether cases in this MDL. That schedule shall be filed by January 3, 2022. The Clerk of Court is directed to close the motion at 18-md-2859, ECF number 496. SO ORDERED. (Signed by Judge Paul A. Crotty on 12/16/2021) (va)
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MEMO ENDORSED ORDER on PLAINTIFFS' MOTION FOR SUBSTITUTION OF PARTY AND LEAVE TO FILE AN AMENDED COMPLAINT. ENDORSEMENT: So ordered. Carol L Balewski terminated. (Signed by Judge Paul A. Crotty on 12/6/2021) (va)
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ORDER NO. 63: Plaintiffs are directed to publicly file the documents that have been ordered unsealed as summarized at pages 2-3, supra. The Court appreciates the parties' continued cooperation and full disclosure regarding these sealing issue s, which allows the Court to consider carefully what needs to be kept secret, and what can be disclosed to the public. See Order No. 59 at 3. The Clerk of Court is directed to close the entries at ECF Nos. 422, 428, 440, 441, 450, and 473. SO ORDERED. (Signed by Judge Paul A. Crotty on 10/7/2021) (va)
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OPINION & ORDER: re: (193 in 1:18-mc-02859-PAC) MOTION for Reconsideration re; (190) Memorandum & Opinion filed by Zimmer MDL Plaintiffs, (474 in 1:18-md-02859-PAC) MOTION for Reconsideration re; (466 in 1:18-md-02859-PAC) Memorandum & Opinion f iled by Plaintiffs' Executive Committee. The Court DENIES Plaintiffs' motion for reconsideration of the August 6, 2021 Order and DENIES Plaintiffs leave to disclose a new expert for the remaining three initial bellwether cases. The Clerk of Court is directed to close the motions at 18-md-2859, ECF number 474; at 18-MC-2859, ECF number 193; at 19-cv-699, ECF number 125; and to close case number 19-cv-699. SO ORDERED. (Signed by Judge Paul A. Crotty on 9/17/2021) (ama)
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CLERK'S JUDGMENT re: 190 Memorandum & Opinion in favor of Zimmer MDL Defendants against Tamma Nutting. It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated August 6, 2021, Zimmer' ;s motion to exclude Truman's testimony is GRANTED, and Zimmer's summary judgment on Nutting's claims of design defect, failure to warn, and negligence is GRANTED. The remaining motions to exclude expert testimony are denied as moot; accordingly, case number 19cv699 is closed. (Signed by Clerk of Court Ruby Krajick on 8/23/2021) (Attachments: # 1 Right to Appeal) (km)
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ORDER GRANTING PLAINTIFF'S UNOPPOSED MOTION TO SUBSTITUTE COUNSEL: The Court has considered Plaintiff's Motion to Substitute Counsel. IT IS HEREBY ORDERED THAT Mr. Basil E. Adham be substituted as Plaintiffs' lead counsel in place of Mr. Matthew S. Yezierski for those Plaintiffs listed on Exhibit A, and that all correspondence, service, and motions shall be directed to Mr. Basil E. Adham. IT IS FURTHER ORDERED THAT Mr. Yezierski be removed from notices and communication regarding the above-captioned MDL case and all individual cases listed on Exhibit A. Attorney Matthew S. Yezierski terminated. (Signed by Judge Paul A. Crotty on 7/1/2021) (va)
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EIGHTH AMENDED SCHEDULE, Upon consideration of the parties' agreed-to proposed amended schedule, the Court adopts the following future deadlines: Closure of expert discovery for MDL Bellwether Trial #1 April 30, 2021. Dispositive and Daubert motion deadline for MDL Bellwether Trial #1 May 21, 2021. Deadline for motions in limine for MDL Bellwether Trial #1 August 18, 2021. Response to Dispositive and Daubert motions due June 21, 2021. Reply to Dispositive and Daubert motions due July 8 , 2021. Response to motions in limine due September 1, 2021. Reply to motions in limine due September 10, 2021. APPROVED. ( Expert Discovery due by 4/30/2021., Motions due by 8/18/2021., Responses due by 9/1/2021, Replies due by 9/10/2021.) (Signed by Judge Paul A. Crotty on 6/11/21) (yv)
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ORDER NO. 60 terminating 177 Letter Motion to Seal. The Court accepts Zimmer's proposed redactions to the expert reports of Dr. Iorio (supra pp. 2-3) and Ms. Truman (supra pp. 3-4), and Plaintiffs' Exhibits O and U (supra pp. 4-5). Plain tiffs are directed to publicly file an unredacted copy of their motion to exclude the expert testimony of Dr. Gilbert, along with unredacted copies of Exhibits V and W to that motion (supra p. 5). The Clerk of Court is directed to close the entries at 18-md-2859 ECF numbers 369, 377, and 394; and 18-mc-2859 ECF number 177. (Signed by Judge Paul A. Crotty on 6/3/2021) (mro)
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ORDER NO. 59: The Court accepts Plaintiffs' proposed redactions based on the reasons Zimmer provided for sealing the information contained in those redactions. Plaintiffs are directed to publicly file a copy of Exhibit E without the redacti ons contained in paragraphs 51, 100-102, 112-129, and the last three sentences of paragraph 140. The publicly filed copy must contain all other redactions that Plaintiffs proposed in their filing under seal. The Clerk of Court is directed to close the entries at 18-md-2859 ECF numbers 353 and 357; and 18-mc-2859 ECF numbers 160 and 162. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/27/2021) (ks)
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ORDER NO. 58 denying 152 Motion for Discovery. Zimmer's motion to strike Dr. Phillips' rebuttal expert report, Dr. Burge's rebuttal expert report, and paragraphs 16-17 of Dr. Iorio's rebuttal expert report is denied. The Clerk of Court is directed to close the motion at 18-md-2859 ECF No. 344 and 18-mc-2859 ECF No. 152. SO ORDERED.. (Signed by Judge Paul A. Crotty on 4/14/2021) (ks)
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ORDER NO. 57: Accordingly, "while a court must still articulate specific and substantial reasons for sealing such material, the reasons usually need not be as compelling as those required to seal summary judgment filings." Id. To accept th e PEC's submission under seal, the Court must articulate specific and substantial reasons for sealing that outweigh the public's presumptive right of access to the judicial document. Zimmer is therefore ordered to show cause as to why th e redacted portions of Exhibit E should remain under seal, including specific reasons for each redaction and explaining why those reasons outweigh the public's right of access. If Zimmer does not provide sufficient reasons by Friday, April 16, 2021, the Court will deny the PEC's request to seal and direct the PEC to file an unredacted version of Exhibit E on the public docket. Zimmer is also ordered to file an unredacted copy of its letter motion to strike, ECF No. 344, on th e public docket. Those redactions all refer to portions of exhibits that have since been unredacted and publicly filed, so there is no basis for maintaining the redactions under seal. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/12/2021) (ks)
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ORDER NO. 56: On December 11, 2018, The Court adopted Plaintiff's Proposed Leadership Structure [Dkt. 30]. The Plaintiff Executive Committee ("PEC") now submits this proposed partial amendment to Order No. 2 replacing Laura Pi ttner, who has recently left Goldenberg Law, with Noah Lauricella. The Proposed leadership structure includes the following as further set forth in this Order. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/2/2021) Attorney Noah Lauricella for Zimmer MDL Plaintiffs added. (ks)
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ORDER NO. 55: SCHEDULE FOR SECOND BELLWETHER TRIAL Upon consideration of the Parties' respective proposed schedules for the second bellwether trial, the Court adopts the following future deadlines: Closure of expert discovery for MDL Bel lwether Trial #2: August 5, 2021; Dispositive and Daubert motion deadline for MDL Bellwether Trial #2: November 12, 2021; Deadline for motions in limine for MDL Bellwether Trial #2: November 18, 2021; Commencement of Bellwether Mediation Progra m for Kinectiv Cases: November 26, 2021; Response to dispositive and Daubert motions due: December 10, 2021; Oppositions to motions in limine due: December 17, 2021; Reply to dispositive andDaubert motions due: January 10, 2022; Reply to motions in limine due: January 18, 2022; MDL Bellwether Trial #2 start date: March 28, 2022. SO ORDERED. (Signed by Judge Paul A. Crotty on 2/3/2021) ( Expert Discovery due by 8/5/2021., Motions due by 11/18/2021., Responses due by 12/17/2021, Replies due by 1/18/2022.) (ks)
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ORDER NO. 52: The Court finds that (1) beginning with Nutting offers the best chance for the earliest resolution of a significant portion of the MDL cases; (2) trying Pride second and Goode third will provide the Parties with useful data points regarding Category Two cases, about which there is presently a lack of information; and (3) it is appropriate to schedule Little as the last bellwether trial, because Nutting might obviate the need to try Little. Accordingly, the four bellwether trials will proceed in the order indicated. SO ORDERED. (Signed by Judge Paul A. Crotty on 12/16/2020) (ks)
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ORDER denying 126 Letter Motion to Compel. The PECs motion is DENIED. The Clerk of Court is directed to close the motion at Docket 300. (Signed by Judge Paul A. Crotty on 8/20/2020) (nb)
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ORDER NO. 49: As stated in the Parties' position statements dated July 31, 2020 and on the record at the August 5, 2020 status conference, documents intended to be used as exhibits at deposition shall remain confidential and not be viewed by opposing counsel, or their agents, until introduced as an exhibit in the deposition. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/19/2020) (ks)
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ORDER granting 123 Letter Motion to Seal. Permission to file under seal unredacted copies of 1-4 is granted. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/11/2020) (ks)
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ORDER NO. 48 MEMORIALIZING AUGUST 5, 2020 STATUS CONFERENCE: On August 5, 2020, the Court held a Status Conference by telephone to receive an update on the Parties' progress in MDL No. 2859. The Court heard argument from the Parties on Defendants' Motion and Brief in Support of Entry of a Protective Order Precluding the Depositions of Dr. Richard Berger and Dr. Paul Duwelius. Dkt. Nos. 286, 288. The Court denied Defendants' motion in Order 47 [Dkt. 292]. The next status conference will take place Tuesday, September 15, 2020 at 3:00 pm EDT. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/10/2020) (ks)
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ORDER NO. 47 denying 114 Motion for Discovery. Defendant Zimmer's motion for a Protective Order is DENIED. The Clerk of Court is directed to close the motion at Docket 286. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/7/2020) (ks)
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ORDER NO. 45. This Order resolves a dispute among the Parties in this multi-district litigation regarding the taking of depositions during the ongoing COVID-19 pandemic. The Plaintiffs' Executive Committee ("PEC") and Defendant Zimmer ("Defendant," "Zimmer") first brought the dispute to the Court's attention in a status letter submitted ahead of a telephonic conference that was held on July 9, 2020. Dkt. 273, at 24; Minute Entry dated July 9, 2020. The Par ties plan to depose approximately 20 witnesses over the coming months, and Zimmer initially argued that the depositions should all be done remotely, while the PEC insisted that they all be done in person. Tr., Conf. July 9, 2020, at 6:2226:16. The Co urt instructed the Parties to meet and confer and heard renewed arguments at a second teleconference on July 15. Id. at 26:1724. The Parties were unable to reach agreement on which depositions, if any, could be taken in person and which would be cond ucted remotely. Dkt. 277, at 4; Tr., Conf. July 15, 2020, at 5:17:25. Remote depositions are presumptively legitimate under the Federal Rules of Civil Procedure, were regularly used by civil litigants before the pandemic, and have been widely employe d now to overcome travel restrictions and social distancing measures. Fed. R. Civ. P. 30(b)(3), (b)(4) ("The parties may stipulateor the court may on motion orderthat a deposition be taken by telephone or other remote means."), and as further specified and set forth in this Order. So ordered. (Signed by Judge Paul A. Crotty on 7/17/2020) (rjm)
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ORDER. NO. 44 MEMORIALIZINGJULY 9, 2020STATUSCONFERENCE. The Judge will schedule the next conference at the Wednesday July 15, 2020 telephonic conference. No later than five (5) days prior to the Status Conference, counsel shall file a joint letter, not to exceed five (5) single-spaced pages and to be filed in both 18-MD-2859 and 18-MC-2859, setting forth the parties' agenda. SO ORDERED. (Signed by Judge Paul A. Crotty on 7/13/20) (yv)
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ORDER NO. 43: The Court will allow the PEC 10 total hours each for the depositions of Hertzler and Meulink, to be divided between the witnesses' individual and Rule 30(b)(6) capacities as the PEC sees fit. The PEC will have seven total hours to depose Osborn. SO ORDERED. (Signed by Judge Paul A. Crotty on 6/8/2020) (ks)
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ORDER NO. 42 DEPOSITION PROTOCOL: The parties have agreed upon the following Order governing the taking of depositions. 1. This Order applies to all depositions taken in cases pending in MDL No. 2859. 2. This Order supplements the Joint Coordinati on Order, Order No. 10. If the protocols in this Order are deemed to conflict with any provisions in the Joint Coordination Order, the protocols in this Order shall control. 3. Unless specifically modified herein, nothing in this order shall be co nstrued to abrogate the Federal Rules of Civil Procedure. All depositions shall be noticed and conducted pursuant to the Federal Rules and this Order. As further set forth. APPROVED the 27th day of April, 2020. (Signed by Judge Paul A. Crotty on 4/27/2020) (ks)
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ORDER NO. 38 MEMORIALIZING APRIL 16, 2020 STATUS CONFERENCE: On April 16, 2020, the Court held a Status Conference by telephone to receive an update on the Parties' progress in MDL No. 2859. To date, there are one- hundred ninety-nine (199) filed cases in this multidistrict litigation ("MDL"). There are thirteen (13) active cases pending in various state courts. As further set forth in this Order. The Court set a date of May 19, 2020 at 11:00 AM EDT for the next status conference, which will occur via telephone. No later than five (5) days prior to the Status Conference, counsel shall file a joint letter, not to exceed five (5) single-spaced pages and to be filed in both 18-MD-2859 and 18-MC-2859, setting forth the Parties' agenda. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/21/2020) ( Telephone Conference set for 5/19/2020 at 11:00 AM before Judge Paul A. Crotty.) (ks)
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ORDER NO. 37: The Plaintiffs' application regarding production of adverse event and complaint data is denied. Document production is limited to adverse events involving the failure mode and alleged injuries actually at issue in this MDL. The discovery the Plaintiffs seek is overbroad, not relevant, and not proportionate to the needs of the case. The Clerk of Court is directed to terminate the motion at Docket 206. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/9/2020) (ks)
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ORDER NO. 35 MEMORIALIZING FEBRUARY 20, 2020 STATUS CONFERENCE : IT IS HEREBY ORDERED THAT 1. Upon service of this Order, the Obligated Parties are required to preserve all Subject Documents in their possession, custody, or control. 2. The Obl igated Party's duty to preserve all Subject Documents shall remain in effect until further Order of this Court. If any of the Subject Documents are scheduled to be destroyed or discarded in accordance with an Obligated Party's existing document retention policy, that policy shall be immediately suspended for any documents that constitute Subject Documents, and the Subject Documents shall be preserved in accordance with this Order. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/4/2020) (ks)
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ORDER granting 73 Motion to Seal Document. Permission Granted. (Signed by Judge Paul A. Crotty on 1/28/2020) (cf) Modified on 1/29/2020 (cf).
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ORDER NO. 34: Defendant's motion for an Order governing ex parte contacts with treating physicians is GRANTED in part and DENIED in part as to the Bellwether Plaintiffs. The motion is GRANTED as to contacts with prospective experts who are also treating physicians, subject to the protections set out in this Order. The Clerk of Court is directed to close the motion at Docket 181. (Signed by Judge Paul A. Crotty on 12/19/2019) (ks)
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ORDER NO.33 MEMORIALIZING DECEMBER 12, 2019 STATUS CONFERENCE. The Court has set a control date of February 19, 2020 at 4:30 o'clock PM for the next status conference. The conference will occur in Courtroom 14-C of the Daniel Patrick Moynihan Un ited State Courthouse, 500 Pearl Street, New York, New York 10007. Counsel should check in with the Courtroom Deputy at least fifteen minutes in advance. Counsel should arrive at the Courthouse with sufficient time to go through security. Seats in th e Courtroom may not be reserved. No later than five (5) days prior to the Status Conference, counsel shall file a joint letter, not to exceed five (5) single-spaced pages and to be filed in both 18-MD-2859 and 18-MC-2859, setting forth the parties� 39; tentative agenda. So ordered. (Status Conference set for 2/19/2020 at 04:30 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 12/19/2019). Entry only in case nos. 18md2859, 18mc2859, as per Chambers. (rjm)
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ORDER NO. 32: Accordingly, the Court declines to adopt the measures proposed in the Defendant's November 15 letter. Dkt. 176, at 3. The Court and the parties will proceed to random selection from the Second Bellwether Pool as provided in the Second Amended Schedule, with the bellwethereligiblecases submitted by the Parties. Dkts. 177, 179. CONCLUSION. SO ORDERED. (Signed by Judge Paul A. Crotty on 11/20/2019) (ks)
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ORDER NO. 30 REGARDING THE SECOND AMENDED SCHEDULE: The Proposed Second Amended Schedule submitted by the Parties is to adjust for delays experienced in the Bellwether Selection Process. See Dkt. 170; Dkt. 163. The Court accepts November 19, 2019 as the Deadline for the Parties to Provide the Court with the Second Bellwether Selection Pool List. The Defendants asks the Court to require the PEC to provide the bases for any Lexecon objections for cases eligible for the Second Bellwether Se lection Pool. Dkt. 171, at 2-3. The Court is disinclined to impose a requirement now that was not provided for by the Parties in Order No. 19, the lodestar for this Bellwether Selection Process. See Dkt. 102. The Court remains alert to the potentia l for Lexecon objections to be used to remove disfavored cases, and reminds all Parties of Order No. 19's admonition that the Parties participate in the Bellwether Selection Process "in good faith" and with the goal of selecting c ases that are "representative," and not those that "present[] unique or idiosyncratic facts or law." Id. at 5. The Court selects December 20, 2019 for the Deadline to Complete Non-Case Specific Written Discovery and Document Pr oduction Related to the Products, Including Production of Email from the Custodians. Dkt. 171, Attachment 1, at 1. This represents an approximately two-month adjustment, which adequately reflects the delay in bellwether selection. The Court will n ot interpose a new Deadline to File Motion to Compel on Non-Case Specific Written Discovery and Document Production Related to the Product. As the Parties note, this "deadline was not previously part of the Scheduling Order." Id. at 2. Fi nally, the Court adopts January 25, 2021, as the revised MDL Bellwether Trial #1 Start Date. Id. at 4. This date similarly reflects an adjustment of about two and a half months from the date previously agreed to in Order No. 26, see Dkt. 139, at 3, and accounts for the holiday season and New Year. The Parties will submit a finalized Second Amended Schedule reflecting these dates by November 16, 2019, for approval by the Court. (Signed by Judge Paul A. Crotty on 11/13/2019) (rro)
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