In re: Acetaminophen - ASD-ADHD Products Liability Litigation
Case Number: 1:2022mc03043
Filed: October 21, 2022
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Other
Cause of Action: Civil Miscellaneous Case - Other
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Date Filed Document Text
March 15, 2024 Opinion or Order Filing 108 ORDER: Accordingly, it is hereby ORDERED that plaintiffs in any Member Case of this MDL in which an SFC was served on or after January 12, 2024 may satisfy their obligation to present admissible evidence of general causation by adopting the Ness Report in a timely-filed response to the OTSC. (Signed by Judge Denise L. Cote on 3/15/2024) (vfr)
February 26, 2024 Opinion or Order Filing 107 ORDER: Having received the parties' February 23, 2024 submissions, it is hereby ORDERED that the defendants' Rule 702 motion to exclude Dr. Ness's testimony shall be fully submitted by July 1, 2024. IT IS FURTHER ORDERED that the mo ving party shall supply Chambers with two (2) courtesy copies of all motion papers on the date they are served by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that the defenda nts' memorandum of law in support of their motion shall be limited to 60 pages; that the plaintiffs' memorandum in opposition shall be limited to 60 pages; and that the defendants' reply shall be limited to 30 pages. ( Motions due by 7/1/2024.) (Signed by Judge Denise L. Cote on 2/26/2024) (vfr)
February 21, 2024 Opinion or Order Filing 106 FINAL JUDGMENT: Accordingly, it is hereby ORDERED that, for the reasons set forth in the Court's Opinion and Order of December 18, 2023, and in the January 16, 2024 Order to Show Cause, final judgment is entered for defendants under Fed. R. Civ. P. 58 in each case listed in Exhibit 1 to this Order. (AS FURTHER SET FORTH IN THIS ORDER.) (Signed by Judge Denise L. Cote on 2/21/2024) (vfr)
February 16, 2024 Opinion or Order Filing 105 ORDER: Accordingly, it is hereby ORDERED that the parties shall confer and submit by February 23, 2024, their proposed schedule(s) for Rule 702 briefing regarding the Ness Report. (Signed by Judge Denise L. Cote on 2/16/2024) (vfr)
February 5, 2024 Opinion or Order Filing 103 ORDER: Accordingly, it is hereby ORDERED that the defendants shall respond to the plaintiffs' February 1, 2024 responses by February 15, 2024. IT IS FURTHER ORDERED that the defendants shall, in their response, confirm that Exhibit A to 22md3043: ECF No. 1398 is a complete list of member cases in which the SFC was served on or before January 11, 2024, with the exception of member case 23cv5940 and four cases filed by the Mota Plaintiffs. IT IS FURTHER ORDERED that the Mota P laintiffs shall file their new expert report on the docket by February 7, 2024 and shall expeditiously provide two courtesy copies to the Court. IT IS FURTHER ORDERED that the parties shall confer and submit by February 15, 2024 a proposed scheduling order with respect to any further proceedings regarding the Mota Plaintiffs' expert report. (Signed by Judge Denise L. Cote on 2/5/2024) (vfr)
January 17, 2024 Opinion or Order Filing 102 ORDER: 21 DAYS TO SHOW CAUSE: On January 16, 2024, an Order was issued in this MDL to address the impact on each Member Case of the December 18, 2023 Opinion granting the defendants' Rule 702 motions on the issue of general causation. In re A cetaminophen - ASD-ADHD Products Liability Litigation, No 22md3043 (DLC), 2023 WL 8711617 (S.D.N. Y. Dec. 18, 2023) ("December 18 Opinion"). The January 16 Order (22MD3043: ECF No. 1394) addresses, inter alia, the due process concerns ra ised by plaintiffs' counsel in their letter of January 12, 2024. As the plaintiffs' letter recognizes, an order to show cause procedure allows all plaintiffs an opportunity to be heard why the December 18 Opinion does not apply to their individual case ("Member Case"). As reflected in the October 5, 2022 Transfer Order (ECF No. 1) issued by the Judicial Panel on Multidistrict Litigation, all plaintiffs appearing before the Panel requested centralization of the lit igation. The Panel granted that request, noting that the common factual questions in the litigation supporting centralization include whether prenatal exposure to acetaminophen can cause ASD and ADHD (the issue of "general causatio n"). An October 18, 2022 Order (ECF No. 11) consolidated all actions in this MDL for all pretrial purposes. An Order of November 3 (ECF No. 62) adopted the plaintiffs' proposed leadership structure and charged Lead Counsel for plaintiff s with acting "for all plaintiffs." Since that time, it appears that that leadership structure has worked assiduously to engage with this litigation both efficiently and zealously on behalf of all plaintiffs. A December 2, 2022 Order (EC F No. 238) permitted the direct filing of Member Cases in this MDL. That Order set out a mechanism for parties in directly filed Member Cases to object to the inclusion of their case in the MDL, and provided that failure to object pursuant to that mechanism would constitute a waiver of any objection to inclusion. Since that time, many Member Cases have joined this MDL through direct filing. Before and after those filings, the plaintiffs have had full access to the progress of this litigatio n through the ECF filings on the dockets bearing numbers 22md3043 and 22mc3043. An Order of January 9, 2023 (ECF No. 323) created a common benefit fund in recognition of the fact that some of the work performed by certain plaintiffs' lawyers will accrue to the benefit of all or most plaintiffs in the MDL. That common benefit work has included the discovery and motion practice related to general causation. A February 1, 2023 Order (ECF No. 391) set the schedule for fact and expert discovery on the issue of general causation. It also set out the briefing schedule for the Rule 702 motions on that issue. The plaintiffs' Lead Counsel supervised and/or conducted that discovery and briefed and argued those motions on behalf of all Member Cases. In this litigation, defendants are deemed to have answered each SFC for a newly-filed Member Case twenty-one days after they have been served with the SFC. Thus, an August 16, 2023 Order (ECF No. 841) established the d ates on which Master Answers would be deemed served in each Member Case for purposes of both Rules 12 and 41. It provided, inter alia, that for any Member Case first served on or after August 2, 2023, the Master Answer will be deemed served on the plaintiff twenty-one days after service of the SFC on the defendant. Relying on this history, the January 16, 2024 Order allows each plaintiff twenty-one days to explain why summary judgment should not be entered in a Member Case based on the De cember 18 Opinion's exclusion of the plaintiffs' evidence of general causation. Thus, in each Member Case, the defendant will have been deemed to answer the SFC and the plaintiff will have had an opportunity to review the December 18 Opinion and explain why the defendants are not entitled to summary judgment in that Member Case. (Signed by Judge Denise L. Cote on 1/17/2024) (vfr)
December 18, 2023 Opinion or Order Filing 99 OPINION AND ORDER: The defendants' motions of September 19, 2023 to exclude plaintiffs' general causation experts' opinions regarding Autism Spectrum Disorder, Attention Deficit Hyperactivity Disorder, and biological plausibility are granted. (Signed by Judge Denise L. Cote on 12/18/2023) (vfr)
November 29, 2023 Opinion or Order Filing 98 ORDER: PLAINTIFFS' LEADERSHIP: Accordingly, it is hereby ORDERED that the following lawyers are appointed as plaintiffs' leadership team for one year, subject to renewal by Court Order: 1. Plaintiffs' Co-Lead Counsel ( "Co-Lead Counsel"): Mikal C. Watts, Ashley C. Keller, and W. Mark Lanier. 2. Plaintiffs' Liaison Counsel ("PLC"): Daniel Sullivan. 3. Plaintiffs' Executive Committee ("PEC"): The PEC shall be composed o f Plaintiffs' Co-Lead Counsel, Plaintiffs' Liaison Counsel, and the following committee chairs: a. Law & Briefing Committee: Ashley Barriere. b. Early Vetting/Bellwether Selection Committee: Sean Tracey. c. Discovery/ESI Committee: E ric Holland and Evan Janush. d. Science & Expert Committee: W. Roger Smith and Amanda Hunt. e. Settlement/Lien Resolution Committee: Zoe Littlepage. f. Federal/State Court Liaison Committee: Ann Callis. 4. Plaintiffs' Steering Committee (&q uot;PSC"): The PSC shall be composed of Julien Adams, Tricia Campbell, Charles J. Cooper, Eric W. Cracken, Greg Dovel, Patrick Luff, Neal Moskow, Richard M. Paul III, Ruth Rizkalla, and Lindsey Scarcello. (Signed by Judge Denise L. Cote on 11/29/2023) (vfr)
November 21, 2023 Opinion or Order Filing 96 ORDER granting (1350) Letter Motion to Stay re: (1350 in 1:22-md-03043-DLC) CONSENT LETTER MOTION to Stay & Sever Claims Against Rite-Aid addressed to Judge Denise L. Cote from Ashley C. Keller dated 11/20/2023. in case 1:22-md-03043-DLC. Granted.. (Signed by Judge Denise L. Cote on 11/21/2023) (jca)
November 16, 2023 Opinion or Order Filing 95 ORDER: PLAINTIFFS' LEADERSHIP, It is hereby ORDERED that any counsel seeking reappointment shall file an application for renewal by November 29, 2023. ( Motions due by 11/29/2023.) (Signed by Judge Denise L. Cote on 11/16/23) (yv)
November 7, 2023 Opinion or Order Filing 94 ORDER: DAUBERT HEARING: The Court will hear oral argument on Defendants' Rule 702 motions on Thursday, December 7, at 10:00 a.m. The parties shall have three hours of oral argument. The parties shall meet and confer as to ho w they will divide that time, including the order in which they will address the Court. As of now, the Court does not require the testimony of any expert at the hearing. Should this change, the Court will notify the parties. SO ORDERED. ( Daubert Hearing set for 12/7/2023 at 10:00 AM before Judge Denise L. Cote., Oral Argument set for 12/7/2023 at 10:00 AM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 11/7/2023) (vfr)
October 11, 2023 Opinion or Order Filing 93 ORDER: Since documents that are unrenderable in.pdf format may not be uploaded to ECF, it is hereby ORDERED that plaintiffs shall deliver one thumb drive containing the document to this Chambers and shall deliver a second thumb drive containing t he documents to the Clerk of Court. IT IS FURTHER ORDERED that the Clerk of Court is directed to accept the plaintiffs' submission for filing and shall retain the thumb drive in the case file. (Signed by Judge Denise L. Cote on 10/11/2023) (vfr)
October 3, 2023 Opinion or Order Filing 91 ORDER denying (986) Motion for Extension of Time; denying (987) Motion for Extension of Time; denying (1002) Motion to Amend/Correct (986 in 1:22-md-03043-DLC, 33 in 1:23-cv-02944-DLC) SECOND LETTER MOTION for Extension of Time to File Second Amended Short Form Complaint addressed to Judge Denise L. Cote from Brett A. Emison dated August 30, 2023., (987 in 1:22-md-03043-DLC, 15 in 1:23-cv-04249-DLC) SUPPLEMENTAL LETTER MOTION for Extension of Time to File Second Amended Short Form Complaint addr essed to Judge Denise L. Cote from Brett A. Emison dated August 30, 2023., (1002 in 1:22-md-03043-DLC, 16 in 1:23-cv-04249-DLC) FIRST MOTION to Amend/Correct Second Amended Short Form Complaint., (1005 in 1:22-md-03043-DLC, 38 in 1:23-cv-02944-DLC) F IRST MOTION to Amend/Correct Second Amended Short Form Complaint. ; denying (1005) Motion to Amend/Correct (986 in 1:22-md-03043-DLC, 33 in 1:23-cv-02944-DLC) SECOND LETTER MOTION for Extension of Time to File Second Amended Short Form Complaint addr essed to Judge Denise L. Cote from Brett A. Emison dated August 30, 2023., (987 in 1:22-md-03043-DLC, 15 in 1:23-cv-04249-DLC) SUPPLEMENTAL LETTER MOTION for Extension of Time to File Second Amended Short Form Complaint addressed to Judge Denise L. C ote from Brett A. Emison dated August 30, 2023., (1002 in 1:22-md-03043-DLC, 16 in 1:23-cv-04249-DLC) FIRST MOTION to Amend/Correct Second Amended Short Form Complaint., (1005 in 1:22-md-03043-DLC, 38 in 1:23-cv-02944-DLC) FIRST MOTION to Amend/Corre ct Second Amended Short Form Complaint. in case 1:22-md-03043-DLC; denying (33) Motion for Extension of Time; denying (38) Motion to Amend/Correct (986 in 1:22-md-03043-DLC, 33 in 1:23-cv-02944-DLC) SECOND LETTER MOTION for Extension of Time to File Second Amended Short Form Complaint addressed to Judge Denise L. Cote from Brett A. Emison dated August 30, 2023., (987 in 1:22-md-03043-DLC, 15 in 1:23-cv-04249-DLC) SUPPLEMENTAL LETTER MOTION for Extension of Time to File Second Amended Short Form Complaint addressed to Judge Denise L. Cote from Brett A. Emison dated August 30, 2023., (1002 in 1:22-md-03043-DLC, 16 in 1:23-cv-04249-DLC) FIRST MOTION to Amend/Correct Second Amended Short Form Complaint., (1005 in 1:22-md-03043-DLC, 38 in 1:23-c v-02944-DLC) FIRST MOTION to Amend/Correct Second Amended Short Form Complaint. in case 1:23-cv-02944-DLC; denying (15) Motion for Extension of Time; denying (16) Motion to Amend/Correct (986 in 1:22-md-03043-DLC, 33 in 1:23-cv-02944-DLC) SECOND LETT ER MOTION for Extension of Time to File Second Amended Short Form Complaint addressed to Judge Denise L. Cote from Brett A. Emison dated August 30, 2023., (987 in 1:22-md-03043-DLC, 15 in 1:23-cv-04249-DLC) SUPPLEMENTAL LETTER MOTION for Extension of Time to File Second Amended Short Form Complaint addressed to Judge Denise L. Cote from Brett A. Emison dated August 30, 2023., (1002 in 1:22-md-03043-DLC, 16 in 1:23-cv-04249-DLC) FIRST MOTION to Amend/Correct Second Amended Short Form Complaint., (1005 in 1:22-md-03043-DLC, 38 in 1:23-cv-02944-DLC) FIRST MOTION to Amend/Correct Second Amended Short Form Complaint. in case 1:23-cv-04249-DLC. Accordingly, it is hereby ORDERED that the August 30, 2023 motions in Brehm et al. and Dafney et al. for leave to file Second Amended Short Form Complaints are DENIED. Filed In Associated Cases: 1:22-md-03043-DLC, 1:23-cv-02944-DLC, 1:23-cv-04249-DLC (Signed by Judge Denise L. Cote on 10/3/2023) (jca)
October 2, 2023 Opinion or Order Filing 90 ORDER: After reviewing the parties' letters of September 19, 2023, it is hereby ORDERED that the requests to redact and seal non-public documents and communications of defendant Johnson & Johnson Consumer Inc., as well as its employees' names, are approved. (Signed by Judge Denise L. Cote on 10/2/2023) (vfr)
September 20, 2023 Opinion or Order Filing 88 ORDER: DAUBERT SCHEDULING CONFERENCE : The parties having filed their Rule 702 motions, and the defendants having requested a conference regarding the logistics of any Rule 702 hearing, it is hereby ORDERED that a telephone conference is schedu led for Wednesday, October 4, 2023 at 3:00 P.M. The parties shall confer and file their proposals, either jointly or separately, by Monday, October 2. The parties shall use the following dial-in credentials for the telephone conference: Dial-in: 888-363-4749 Access Code: 4324948. The parties shall use a landline if one is available. ( Telephone Conference set for 10/4/2023 at 3:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 9/20/2023) (vfr)
September 18, 2023 Opinion or Order Filing 87 ORDER: SEPTEMBER 2023 PLAINTIFF FACT SHEET SCHEDULE: Accordingly, it is hereby ORDERED that on or before September 29, 2023, the parties shall file the September 2023 PFS on the Master Docket. IT IS FURTHER ORDERED that the stay of deadlines to ser ve or cure a PFS, or to serve a PFS deficiency notice shall, be lifted as of September 29, 2023. IT IS FURTHER ORDERED that the May 31 Order remains in effect with the following modifications: (a) All plaintiffs shall complete, verify, and serve a September 2023 PFS. (b) Plaintiffs who have served a PFS by September 29, 2023 shall complete, file, and serve the September 2023 PFS upon counsel for each defendant named in their Member Case on or before Monday, October 30, 2023, in accordance wi th the May 31 Order. Defendants shall notify the plaintiffs of any deficiencies with their September 2023 PFS by Friday, December 22, 2023. (c) Plaintiffs who have not already served a PFS shall complete, verify, and serve the September 2023 PFS up on counsel for each defendant named in their Member Case on or before November 28, 2023, in accordance with the May 31 Order. Defendants shall notify the plaintiffs of any deficiencies with their September 2023 PFS by January 23, 2024. (Signed by Judge Denise L. Cote on 9/18/2023) (vfr)
September 11, 2023 Opinion or Order Filing 86 ORDER: Having received the Government's letter dated September 8, 2023, and the parties' letters dated September 9 and September 11, 2023, it is hereby ORDERED that the request for a status conference is DENIED. IT IS FURTHER ORDERED that the scheduling Order of February 1, 2023 remains in place. Any Rule 702 motions shall be filed on or before September 19, 2023. ( Motions due by 9/19/2023.) (Signed by Judge Denise L. Cote on 9/11/2023) (vfr)
September 8, 2023 Opinion or Order Filing 85 REQUEST: COURTESY COPIES: It is hereby REQUESTED that the parties work together to the extent practicable to submit two (2) courtesy copies total of any scientific study or report to which both parties cite, rather than two copies per party. The February 1 Order otherwise remains in effect. (Signed by Judge Denise L. Cote on 9/8/2023) (vfr)
August 16, 2023 Opinion or Order Filing 84 ORDER: MASTER ANSWERS AND RULE 41(a) DISMISSALS: Accordingly, it is hereby ORDERED that the defendants' Master Answers shall be filed by August 22, 2023. IT IS FURTHER ORDERED that in any Member Cases pending on or before July 31, 2023, the plaintiffs shall file by August 30, 2023 an amended SFC on their individual member case docket using the amended SFC template and upload the same to MDL Centrality in accordance with the January 9, 2023 Order: Short Form Complaint s (22MC3043: ECF No. 38). The amendments to the SFC shall be limited to revisions that reflect the Court's rulings on the defendants' motions to dismiss, that add defendants already identified in a plaintiff's previously filed P FS, or that have the written consent of all of the defendants named in the SFC. The joinder of a defendant through the amendment of the SFC, as permitted by this Order, shall not be deemed a waiver of that defendant's objections to servi ce, jurisdiction, or venue, and will not waive any defenses to any claims or issues not pleaded in the Amended Master Complaint. IT IS FURTHER ORDERED that any other amendment to any SFC, including the joinder of additional parties, the identification of an additional product, and/or the addition of a claim, shall require the written consent of all defendants in the action or leave of Court, pursuant to Fed. R. Civ. P. 16. IT IS FURTHER ORDERED that dismissal of any defendant from an action for the purpose of either curing a product misidentification or a purchase history inconsistency shall be effectuated by August 30, 2023, through a stipulation of dismissal executed by all of the parties to the action and file d on the Master Docket and the individual Member Case docket. IT IS FURTHER ORDERED that, as set forth in the December 9, 2022 Order: Scheduling Master Complaints, SFCs, and Motions to Dismiss, a Master Answer shall constitute the defenda nts' answer to the Amended Master Complaint and to any SFC to which the Amended Master Complaint applies, except that a defendant's Master Answer will not waive any objections to service, jurisdiction, or venue, and will not waive a ny defenses to any claims or issues not pleaded in the Amended Master Complaint. IT IS FURTHER ORDERED that for purposes of Rules 12 (a) (1) (A) and 41 (a), Fed. R. Civ. P., the following provisions will apply, as further set forth in this Order. ( Amended Pleadings due by 8/30/2023.) (Signed by Judge Denise L. Cote on 8/16/2023) (vfr)
August 8, 2023 Opinion or Order Filing 82 ORDER: NEGLIGENT MISREPRESENTATION CLAIMS: It is hereby ORDERED that negligent misrepresentation claims under the laws of Arkansas, California, Colorado, Idaho, Indiana, Kentucky, North Carolina, North Dakota, Tennessee, and Texas are dismissed from each Member Case pending in this MDL to the extent they have been asserted in a Member Case filed before August 8, 2023. (Signed by Judge Denise L. Cote on 8/8/2023) (vfr)
August 3, 2023 Opinion or Order Filing 81 ORDER: On September 19, 2023, the parties' Daubert motions are due. It is hereby REQUESTED that the plaintiffs and the defendants each file with those motions a letter that includes: (1) their recommendation as to the order in which th e Court should address any motions by the defendants to exclude an expert report from the plaintiffs' experts; and (2) their contention as to which of the motions addressed to the parties' expert reports are properly addressed together due to overlapping subject matter. (Signed by Judge Denise L. Cote on 8/3/2023) (vfr)
August 2, 2023 Opinion or Order Filing 79 ORDER: On August 1, 2023, the defendants filed a letter raising concerns about deficient plaintiff fact sheets and a change in the claims being asserted against the Retailer Defendants. It is hereby ORDERED that the parties shall meet and c onfer and by August 11, 2023 notify the Court if a conference is required to resolve the dispute. IT IS FURTHER ORDERED that should a conference be necessary, a telephone conference will be held on August 17, 2023 at 4:00 P.M. The parties shal l use the following dial-in credentials for the telephone conference: Dial-in: 888-363-4749 Access Code: 4324948. The parties shall use a landline if one is available. ( Telephone Conference set for 8/17/2023 at 04:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 8/2/2023) (vfr)
August 1, 2023 Opinion or Order Filing 78 ORDER: Attached to this Order is a Draft Order of August 1, 2023: Master Answers ("Draft Order"). The Draft Order establishes the effect of the defendants' Master Answers on Member Cases for the purposes of Rules 12 (a) (1) (A) and 41 (a) (1) (A) (i), Fed. R. Civ. P. It is hereby ORDERED that the parties shall confer and by August 8, 2023 submit any proposed revisions to the Draft Order. (Signed by Judge Denise L. Cote on 8/1/2023) (Attachments: # 1 Exhibit 1) (vfr)
July 31, 2023 Opinion or Order Filing 77 ORDER: AMENDED SFC AND RENEWED MOTIONS TO DISMISS: It is hereby ORDERED that strict liability misrepresentation claims, standalone apparent manufacturer claims, and consumer protection claims are dismissed from each Member Case pending in this multidistrict ligation ("MDL") to the extent they have been asserted in a Member Case filed before July 31, 2023. IT IS FURTHER ORDERED that the amended SFC template filed on July 25, 2023 is approved and adopted for use in this M DL. IT IS FURTHER ORDERED that all future plaintiffs shall file and serve SFCs using the amended SFC template filed on July 25, 2023. IT IS FURTHER ORDERED that the parties' request to allow the defendants to move at a later date to dis miss negligent misrepresentation by omission claims under the laws of Kansas, Maryland, Michigan, and Wisconsin is granted. By August 7, 2023, the parties shall submit a list of jurisdictions at issue in the Member Cases pending in this MDL in wh ich the parties have agreed that negligent misrepresentation claims may not be pled under a theory of omission. IT IS FURTHER ORDERED that the parties' request to address at the end of October 2023 the choice-of-law question as to the seven cases listed in the parties' letter of July 25, 2023 in which Texas law may apply is granted. After meeting and conferring with the plaintiffs, the defendants shall by November 3, 2023 advise the Court if they intend to file a motion to dismiss or a motion for summary judgment as to these cases and if so, propose a briefing schedule for such motion(s). All other Member Cases filed before July 31, 2023 that are governed by Texas law are dismissed, including Banda v. Johnson & Johnson Consumer Inc., et al., 23cv3634, and Wilson v. Johnson & Johnson Consumer Inc., et al., 23cv5195. (Signed by Judge Denise L. Cote on 7/31/2023) (vfr)
July 28, 2023 Opinion or Order Filing 76 ORDER: With that observation, it is hereby ORDERED that the Government's request to file a Statement of Interest by September 15, 2023 is granted. (Signed by Judge Denise L. Cote on 7/28/2023) (rro)
July 24, 2023 Opinion or Order Filing 75 ORDER: The Court hereby notifies the parties that, on occasion, the Court has received communications from individuals and physicians regarding this multidistrict litigation. The Court has preserved such communications but has not acted on them. (Signed by Judge Denise L. Cote on 7/24/2023) (mml)
June 2, 2023 Opinion or Order Filing 74 ORDER: On June 1, 2023, the plaintiffs filed an expedited motion to quash Rule 45 subpoenas and/or request for conference. It is hereby ORDERED that a telephone conference will be held on June 2, 2023 at 3:00 P.M. The parties shall use the following dial-in credentials for the telephone conference: Dial-in: 888-363-4749 Access Code: 4324948 The parties shall use a landline if one is available. (Telephone Conference set for 6/2/2023 at 03:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 6/2/2023) (jwh)
May 31, 2023 Opinion or Order Filing 73 ORDER: PLAINTIFF FACT SHEETS: Accordingly, it is hereby ORDERED that the PFS and addenda attached to this Order shall be used in this MDL. IT IS FURTHER ORDERED that the following instructions shall govern use of the PFS and shall replace the Court& #039;s Order: Plaintiff Fact Sheets (22MD3043: ECF No. 517) but shall not impact the Court's Order: Plaintiff Authorization Forms (22MD3043: ECF No. 516). I. COMPLETION OF PLAINTIFF FACT SHEET, DOCUMENT PRODUCTION, AND AUTHORIZATIONS: 1. I n accordance with the schedule set forth in Section II, each plaintiff in each current and future Member Case shall: a. Complete, verify, and upload a PFS via MDL Centrality, which is the electronic platform for the Census of Filed Cases using the fillable form and addenda, if necessary, attached hereto as Exhibits A, B, C, and D. Although copies of the fillable forms are attached as exemplars to this Order, each plaintiff must use the fillable versions of these documents available through MD L Centrality in completing their PFS; as further set forth herein. 2. Substantial Completeness: All PFS submissions must be substantially complete, which means a plaintiff must: a. Answer all questions in the PFS to the best of their ability and/or recollection, as further set forth herein. 3. A plaintiff's responses to the PFS shall be treated as answers to interrogatories under Fed. R. Civ. P. 33 and responses to requests for production of documents under Fed. R. Civ. P. 34, and sh all be supplemented in accordance with Fed. R. Civ. P. 26. 4. The defendants' use of the PFS, document productions, and Authorization Forms shall be without prejudice to defendants' right to serve additional, non-duplicative discovery as pa rt of a bellwether process. Otherwise, the defendants shall not serve any additional discovery without either consent of a plaintiff or prior authorization from the Court. 5. Nothing in the PFS shall limit the scope of inquiry at depositions or the admissibility of evidence at trial. 6. All objections to the admissibility of information contained in the PFS are reserved; therefore, no objections shall be lodged in the responses to the questions and requests contained therein. 7. A plain tiff may withhold or redact information requested in the PFS based upon the attorney-client privilege. Information or Responsive Documents withheld or redacted on the basis of such privilege shall be recorded in a privilege log provided to the defend ants within thirty (30) days of the service of the completed PFS and production of Responsive Documents. II. TIMING AND SERVICE OF PLAINTIFF FACT SHEETS: Currently Pending Cases: Plaintiffs who have already filed a Short Form Complaint as of the en try of this Order shall have until June 16, 2023, in accordance with the Court's previous order (22MD3043: ECF No. 635), or sixty (60) days from the day their initial Short Form Complaint was filed, whichever is later, to complete, verify, and s erve their PFS upon counsel for each defendant named in their Member Case, in the manner prescribed herein. 9. Future Cases: Any future plaintiff who files directly in this MDL pursuant to this Court's Order: Direct Filing (22MC3043: ECF No. 2 5), or whose case is otherwise removed or transferred into this MDL from another jurisdiction, is required to complete, verify, and serve his or her PFS, in the manner prescribed herein, within sixty (60) days of filing his or her Short Form Complain t, as further set forth herein. III. REVIEW OF PLAINTIFF FACT SHEETS FOR DEFICIENCIES: 10. For those plaintiffs who serve their PFS in accordance with this Order, the defendants shall have forty-five (45) days to review and notify the plaintiff of any deficiencies with their PFS. In the event that this 45-day period is not sufficient for a defendant's law firm in any given month, defense counsel shall contact plaintiffs' leadership via email at APAP-Co-Leads@Mail-List.com, a nd if consent for an extension is not forthcoming, may request an extension from the Court. 11. The failure of a physician, healthcare provider, federal, state, and/or local government agency, or any other entity asked to produce records relating to a plaintiff ("Entity") to accept an Authorization Form will not be considered a deficiency for purposes of this Order. To the extent an Entity fails to accept an Authorization Form, the parties must meet and confer in good faith in a n effort to resolve the issue so that the records may be collected. Those efforts may include the plaintiff executing a new authorization form that meets the Entity's requirements. 12. Deficiency Notice Process: a. Failure to timely serve a PFS: In the event a plaintiff misses the deadline to timely complete and serve a PFS, defendants shall serve a Notice of Overdue PFS on that plaintiff's counsel, as further set forth herein. IV. ORDER TO SHOW CAUSE PROCESS: 13. If a p laintiff fails to complete and serve a PFS following Notice of Overdue PFS or to cure any deficiencies in his or her PFS pursuant to the Notice of Deficient PFS, a defendant may seek relief from the Court, including a request that the Court issue an Order to Show Cause why the Member Case should not be dismissed with prejudice. 14. A defendant may raise multiple Member Cases' deficiencies in a single application to the Court. V. CONFIDENTIALITY OF DATA: 15. Information any plaintif f provides pursuant to a PFS is deemed confidential, will only be used for purposes related to this litigation, and may be disclosed only as permitted by the Protective Order (22MC3043: ECF No. 41). (As further set forth in this Order.) (Signed by Judge Denise L. Cote on 5/31/2023) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (vfr) Modified on 5/31/2023 (vfr).
May 3, 2023 Opinion or Order Filing 70 ORDER: On April 28, 2023, the plaintiffs filed a letter raising a discovery dispute between the plaintiffs and defendant Johnson & Johnson Consumer Inc. ("JJCI"). On May 3, JJCI filed a response. It is hereby ORDERED that a telephone co nference will be held on May 15, 2023 at 3:00 P.M. The parties shall use the following dial-in credentials for the telephone conference: Dial-in: 888-363-4749 Access Code: 4324948. The parties shall use a landline if one is available. ( Telephone Conference set for 5/15/2023 at 03:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 5/3/2023) (vfr)
April 28, 2023 Opinion or Order Filing 69 ORDER: Accordingly, it is hereby ORDERED that the parties shall meet and confer, and, by May 19, 2023, inform the Court if there are any other issues raised in the motions to dismiss that need to be addressed. IT IS FURTHER ORDERED that the par ties shall meet and confer regarding which claims have survived the Court's rulings and, by May 19, 2023, propose a schedule for the filing amended pleadings or the presentation of a stipulation of dismissal. (Signed by Judge Denise L. Cote on 4/28/2023) (vfr)
April 27, 2023 Opinion or Order Filing 65 MEMORANDUM OPINION AND ORDER: Walmart's November 28, 2022 motion for reconsideration and certification is denied. (Signed by Judge Denise L. Cote on 4/27/2023) (vfr)
April 21, 2023 Opinion or Order Filing 64 OPINION AND ORDER re: (422 in 1:22-md-03043). The Plaintiffs' TCPA claim is dismissed. The motion to dismiss the remaining claims on the grounds that they are subsumed within the TPLA is denied. (Signed by Judge Denise L. Cote on 4/21/23) (yv)
April 20, 2023 Opinion or Order Filing 63 OPINION AND ORDER re: (425 in case 1:22-md-03043-DLC) MOTION to Dismiss filed by Johnson & Johnson Consumer Inc. JJCI's February 10, 2023 motion to dismiss the Chapman action on the ground of preemption is denied. (Signed by Judge Denise L. Cote on 4/20/2023) (vfr)
April 19, 2023 Opinion or Order Filing 62 INVITATION FOR STATEMENT OF INTEREST: Accordingly, the United States is hereby INVITED to submit by July 28, 2023, or as soon thereafter as possible, the views of the United States on the following questions and the reasons for such views: 1.Shou ld the Plaintiffs' Proposed Warning be added to acetaminophen labels? 2.As of today, does science warrant the addition to acetaminophen labels of any warning or advice regarding in utero exposure to acetaminophen and the risk of ASD or ADHD? IT IS ORDERED that this Invitation will be delivered to the United States Attorney's Office for the Southern District of New York. (Signed by Judge Denise L. Cote on 4/19/2023) (jwh)
April 18, 2023 Opinion or Order Filing 60 MODIFICATION TO JANUARY 9, 2023 ORDER: COMMON BENEFIT FUND: It is hereby ORDERED that the Order is modified as follows: 1. The below category "Travel Time" is added to Paragraph 22 of the Order: Travel Time. The time spent traveli ng out of town to in-person court appearances, depositions, and other events related to casework. Travel time shall be eligible for reimbursement up to a maximum of 2.0 hours of travel to the event and 2.0 hours to return. 2. The below category &q uot;Ridesharing/Taxis" is added to Paragraph 26 of the Order: Ridesharing/Taxis. The use of a ridesharing service will be eligible for reimbursement at the lowest available rate. If a higher class of a rideshare is taken, the app licant is required to document what the lowest available rate would have been. Taxi rides will be reimbursed based on the receipt submitted. 3. Subsection iv is eliminated from Paragraph 27 of the Order. Computerized research will be treated as firm overhead and not be eligible for reimbursement. (Signed by Judge Denise L. Cote on 4/18/2023) (vfr)
April 12, 2023 Opinion or Order Filing 59 ORDER: On April 7, 2023, the plaintiffs submitted their proposed label change ("Plaintiffs' Proposed Warning"). The Court is interested in soliciting the views of the United States, including the Food and Drug Administration, on the Plaintiffs' Proposed Warning. Attached to this Order is a Draft Invitation For Statement of Interest ("Draft Invitation"). It is hereby ORDERED that by April 18, 2023, the parties may propose any revisions to the Draft Invitation. (Signed by Judge Denise L. Cote on 4/12/2023) (Attachments: # 1 Exhibit 1 Draft Invitation) (vfr)
April 11, 2023 Opinion or Order Filing 58 PROPOSED MODIFICATION TO JANUARY 9, 2023 ORDER: COMMON BENEFIT FUND: It is hereby ORDERED that any objections to the following revisions to the Order shall be filed by April 17, 2023. It is hereby proposed that the Order be modified as follows : 1. To add a category to Paragraph 22 of the Order: Travel Time. The time spent traveling out of town to in-person court appearances, depositions, and other events related to casework. Travel time shall be eligible for reimbursement up to a maximum of 2.0 hours of travel to the event and 2.0 hours to return. 2. To add a category of travel expenses to Paragraph 26 of the Order: Ridesharing/Taxis. The use of a ridesharing service will be eligible for reimbursement a t the lowest available rate. If a higher class of a rideshare is taken, the applicant is required to document what the lowest available rate would have been. Taxi rides will be reimbursed based on the receipt submitted. 3. To revise Paragraph 27 of the Order by eliminating Subsection iv. Computerized research will be treated as firm overhead and not be eligible for reimbursement. (Signed by Judge Denise L. Cote on 4/11/2023) (vfr)
March 30, 2023 Opinion or Order Filing 57 ORDER: It is hereby ORDERED that by April 4, 2023, the plaintiffs shall disclose to the defendants whether they intend to serve on the defendants an affirmative expert report on maternal fetal medicine by the Order's deadline of June 16. IT IS FURTHER ORDERED that the plaintiffs may serve on the defendants a rebuttal report conforming to Fed. R. Civ. P. 26 (a) (2) (D) (ii) on maternal fetal medicine only if the plaintiffs serve on the defendants an affirmative expert report on maternal fetal medicine by the Order's deadline of June 16. (Signed by Judge Denise L. Cote on 3/30/2023) (vfr)
March 23, 2023 Opinion or Order Filing 56 ORDER: PLAINTIFF FACT SHEETS: Accordingly, it is hereby ORDERED that the PFS attached to this Order shall be used in this MDL, subject to stylistic and formatting changes intended to facilitate electronic completion and transmission of the PFS. IT IS FURTHER ORDERED that the following instructions shall govern use of the PFS. I. COMPLETION OF PLAINTIFF FACT SHEET, DOCUMENT PRODUCTION, AND AUTHORIZATIONS: 1. In accordance with the schedule set forth in Section II, each plaint iff in each current and future Member Case shall, as further set forth herein. 2. Substantial Completeness: All PFS submissions must be substantially complete, which means a plaintiff must: a. Answer all questions in the PFS to the best of the ir ability and/or recollection, as further set forth herein. 3. A plaintiff's responses to the PFS shall be treated as answers to interrogatories under Fed. R. Civ. P. 33 and responses to requests for production of documents under Fed. R. Civ. P. 34, and shall be supplemented in accordance with Fed. R. Civ. P. 26. 4. The defendants' use of the PFS, document productions, and Authorization Forms shall be without prejudice to defendants' right to serve additional, non-duplicative discovery as part of a bellwether process. Otherwise, the defendants shall not serve any additional discovery without either consent of a plaintiff or prior authorization from the Court. 5. Nothing in the PFS shall limit the scope of inquiry at depositions or the admissibility of evidence at trial. 6. All objections to the admissibility of information contained in the PFS are reserved; therefore, no objections shall be lodged in the responses to the questions an d requests contained therein. 7. A plaintiff may withhold or redact information requested in the PFS based upon the attorney-client privilege. Information or Responsive Documents withheld or redacted on the basis of such privilege shall be record ed in a privilege log provided to the defendants within thirty (30) days of the service of the completed PFS and production of Responsive Documents. II. TIMING AND SERVICE OF PLAINTIFF FACT SHEETS: 8. Currently Pending Cases: Plaintiffs who ha ve already filed a Short Form Complaint shall have sixty (60) days from the entry of this Order to complete, verify, and serve their PFS upon counsel for each defendant named in their Member Case, in the manner prescribed herein. 9. Future C ases: Any future plaintiff who files directly in this MDL pursuant to this Court's Order: Direct Filing (22MC3043: ECF No. 25), or whose case is otherwise removed or transferred into this MDL from another jurisdiction, is required to complet e, verify, and serve his or her PFS, in the manner prescribed herein, within sixty (60) days of filing his or her Short Form Complaint. a. In the event this 60-day period is not sufficient for a specific plaintiffs' law firm to comply wi th this deadline in any given month, counsel from that firm shall contact the defendants' leadership via email at DEC-APAP@btlaw.com to request consent for an extension, and if consent is not forthcoming, may request an extension from t he Court. b. In the event an individual plaintiff requires an extension to file their PFS, plaintiff's counsel shall meet and confer with defense counsel for the defendants named in his or her Member Case, and if consent for an extens ion is not forthcoming, may request an extension from the Court. III. REVIEW OF PLAINTIFF FACT SHEETS FOR DEFICIENCIES: 10. For those plaintiffs who serve their PFS in accordance with this Order, the defendants shall have forty-five (45) days to review and notify the plaintiff of any deficiencies with their PFS. In the event that this 45-day period is not sufficient for a defendant's law firm in any given month, defense counsel shall contact plaintiffs' leadership v ia email at APAP-Co-Leads@wattsguerra.com, and if consent for an extension is not forthcoming, may request an extension from the Court. 11. The failure of a physician, healthcare provider, federal, state, and/or local government agency, or any other entity asked to produce records relating to a plaintiff ("Entity") to accept an Authorization Form will not be considered a deficiency for purposes of this Order. To the extent an Entity fails to accept an Authorization Form, the parties must meet and confer in good faith in an effort to resolve the issue so that the records may be collected. Those efforts may include the plaintiff executing a new authorization form that meets the Entity's requirements. 12. Defici ency Notice Process: a. Failure to timely serve a PFS: In the event a plaintiff misses the deadline to timely complete and serve a PFS, defendants shall serve a Notice of Overdue PFS on that plaintiff's counsel of the failure to comply with this Order. The plaintiff shall have fourteen (14) days from the date of notice to timely complete, verify, file, and serve the PFS. A plaintiff who fails to do so by the deadline to cure shall be subject to process set forth in Section IV, as furth er set forth herein. IV. ORDER TO SHOW CAUSE PROCESS: 13. If a plaintiff fails to complete and serve a PFS following Notice of Overdue PFS or to cure any deficiencies in his or her PFS pursuant to the Notice of Deficient PFS, a defendant may s eek relief from the Court, including a request that the Court issue an Order to Show Cause why the Member Case should not be dismissed with prejudice. 14. A defendant may raise multiple Member Cases' deficiencies in a single application to the Court. V. CONFIDENTIALITY OF DATA: 15. Information any plaintiff provides pursuant to a PFS is deemed confidential, will only be used for purposes related to this litigation, and may be disclosed only as permitted by the Protective Order (22MC3043: ECF No. 41). (Signed by Judge Denise L. Cote on 3/23/2023) (Attachments: # 1 Exhibit 1) (vfr)
March 15, 2023 Opinion or Order Filing 54 ORDER: It is hereby ORDERED that a telephone conference will be held on March 16, 2023 at 2:00 P.M. to discuss the competing proposals. IT IS FURTHER ORDERED that the parties shall use the following dial-in credentials for the telephone conference: Dial-in: 888-363-4749 Access Code: 4324948.The parties shall use a landline if one is available. ( Telephone Conference set for 3/16/2023 at 02:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 3/15/2023) (vfr)
March 6, 2023 Opinion or Order Filing 53 ORDER: On March 3, 2023, the parties submitted competing proposals for a privilege log addendum to the Protective Order. It is hereby ORDERED that a telephone conference will be held on March 8, 2023 at 2:00 P.M. to discuss the competing propos als. IT IS FURTHER ORDERED that the parties shall use the following dial-in credentials for the telephone conference: Dial-in: 888-363-4749 Access Code: 4324948. The parties shall use a landline if one is available. ( Telephone Conference set for 3/8/2023 at 2:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 3/6/2023) (vfr)
February 16, 2023 Opinion or Order Filing 52 ORDER: The parties having selected BrownGreer PLC's MDL Centrality platform as the platform for the census of cases in this MDL, it is hereby ORDERED that the Clerk of Court is directed to add BrownGreer PLC as an interested party to the MD L docket (22MD3043) and the master case file docket (22MC3043). BrownGreer PLC shall be added as follows: BrownGreer PLC, 250 Rocketts Way, Richmond, VA 23231, 804-521-7234, docketharvester@browngreer.com, jswoody@browngreer.com. BrownGreer PLC added. (Signed by Judge Denise L. Cote on 2/16/2023) (vfr)
February 14, 2023 Opinion or Order Filing 51 ORDER: On February 13, 2023, the Court adopted the parties' proposed protocol for phase one fact and expert depositions with the exception of paragraph 16(g), which addressed the submission of 50 or more written objections. It is hereby ORDERED that, in the event of a discovery dispute that remains unresolved after a meet and confer process, a party may file a letter no longer than two pages describing the dispute or disputes. (Signed by Judge Denise L. Cote on 2/14/2023) (vfr)
February 13, 2023 Opinion or Order Filing 50 PROTOCOL FOR PHASE ONE FACT AND EXPERT DEPOSITIONS: This Order shall apply to all cases currently pending in MDL No. 3043 and to all related actions that have been or will be originally filed in, transferred to, or removed to this Cou1t and assigned hereto, and those Coordinated Actions subject to the MDL Court's Coordination Order (DE 382). This Order is binding on all Parties and theircounsel in all cases currently pending or subsequently made part of these Proceedings and will govern eac h case in these MDL Proceedings. This Order shall also apply to all non-party witnesses. Discovery shall be governed by the applicable provisions of the Federal Rules of Civil Procedure, except as otherwise provided herein or in any other Case Manage ment Order. Unless specifically modified herein, nothing in this Order shall be construed to abrogate, modify, or enlarge the Federal Rules of Civil Procedure. The Parties may, by agreement, alter, amend, or modify any practice relating to the notici ng or conducting of a deposition, including, but not limited to, the provisionsin this Order. Absent agreement of the Parties, good cause, or an order of the MDL Court, any deposition notice must be served at least thirty (30) days beforethe date the noticed deposition is to occur. To the extent an expert deposition notice includes a request for production, the written response and document production shall be produced no later than 10 days before the scheduled deposition date. Nothing herein is intended to (nor shall it) modify the terms of the Protective Order, which will govern the treatment of documents andinformation designated pursuant to the Protective Order. If a deponent is to produce or be asked about any documents that have been designated CONFIDENTIAL or HIGHLY CONFIDENTIAL pursuant to the Stipulated Protective Order entered in this action (the "Protective Order"), and the deponent is a person who must sign the Protective Order before reviewing CONFIDENTIAL or HIG HLY CONFIDENTIAL documents, a copy of the Protective Order shall be provided to the deponent before the deposition commences. This Order is subject to modification by agreement of Parties subject to Court approval, or by further of this Court. And as set forth herein. SO ORDERED. (Signed by Judge Denise L. Cote on 2/13/2023) (ama)
February 8, 2023 Opinion or Order Filing 48 ORDER: On February 7, 2023, plaintiffs' counsel Richard M. Golomb filed a letter resigning from his position on the Plaintiffs' Steering Committee ("PSC"). It is hereby ORDERED that Mr. Golomb's resignation is accepted and his appointment to the PSC is terminated. (Signed by Judge Denise L. Cote on 2/8/2023) (vfr)
February 1, 2023 Opinion or Order Filing 47 ORDER: GENERAL CAUSATION DISCOVERY AND MOTIONS: It is hereby ORDERED that the schedule for fact and expert discovery and for Rule 702 proceedings on the issue of general causation is as follows: I. GENERAL CAUSATION FACT DISCOVERY: 1. The pa rties shall meet and confer and reach agreement on search terms for Phase One discovery, or submit any disputed issues to the Court, by February 8, 2023. 2. The defendants shall make a rolling production of their documents. The defendants shall co nfirm to plaintiffs' Co-Lead Counsel ("Co-Lead Counsel") by letter or email, by May 5, 2023, that each defendant has substantially completed production of all relevant documents responsive to search terms and/or discovery requests. A ll Phase One fact discovery is to be completed by June 2, 2023. 3. As soon as possible, but no later than one week before each witness's scheduled deposition date, the defendants shall confirm with Co-Lead Counsel that the individual witne ss's custodial file production is substantially complete. 4. The schedule of Phase One fact discovery as to Johnson & Johnson Consumer Inc. ("JJCI"), including written discovery, is set forth in the Court's January 12, 2023 O rder (22MD3043: ECF No. 340), and as follows: a. On or before February 24, 2023, JJCI shall respond to the plaintiffs' interrogatories. b. As soon as possible, but no later than March 10, 2023, the plaintiffs shall identify up to five a dditional Phase One JJCI custodians for purposes of custodial productions, per paragraph 3 of the January 12, 2023 Order. c. As soon as possible, but no later than April 21, 2023, the plaintiff shall identify up to five JJCI Phase One custodians t hey wish to depose, per paragraph 4 of the January 12, 2023 Order. Within one week thereafter, JJCI shall provide two proposed deposition dates for each witness, from which, and within three days of receipt, plaintiffs shall select the dates for the depositions. 5. The Retailer Defendants will serve responses and objections to written discovery, the scope of which is set forth in the parties' January 11, 2023 Joint Status Report (22MD3043: ECF No. 332), by February 24, 2023. 6. The plaintiffs and the Retailer Defendants shall finalize their agreement regarding Retailer custodians and depositions, including any Fed. R. Civ. P. 30(b) (6) depositions, or submit competing proposals on these issues by March 3, 2023. II. GENERAL C AUSATION EXPERT DISCOVERY: 7. Within two weeks of entry of this Order, the plaintiffs shall provide defendants and the Court with a list of subject matter areas regarding which the plaintiffs intend to serve general causation expert reports, limi ted to disclosure of no more than six subject matter areas for purposes of general causation. 8. Within two weeks thereafter, the defendants shall disclose any subject matter areas for which they intend to disclose expert testimony that are in a ddition to any subject matter areas disclosed by the plaintiffs. 9. If such a disclosure is made by the defendants, within two weeks of said disclosure, the plaintiffs shall disclose whether or not they intend to designate an expert in that additio nal area(s). 10. Neither the plaintiffs nor the defendants may designate more than one expert in a subject matter area. 11. For purposes of Phase One expert discovery, each side (plaintiffs and defendants) is limited to disclosure of eight experts. 12. The general causation expert reports of the plaintiffs, along with three dates for each expert's deposition, shall be served on Defendants' Liaison Counsel on or before June 16, 2023. 13. The general causation expert reports of th e defendants, along with three dates for each expert's deposition, shall be served on Co-Lead Counsel on or before July 14, 2023. 14. The plaintiffs shall serve rebuttal expert reports conforming to Fed. R. Civ. P. 26(a) (2) (D) (ii) on or before July 21, 2023. 15. The plaintiffs' experts will be deposed before the defendants' experts. The defendants shall complete any depositions they desire to take of the plaintiffs' experts by August 25, 2023. 16. The plaint iffs shall complete any depositions they desire to take of the defendants' experts by September 12, 2023. III. RULE 702 BRIEFING AND HEARING SCHEDULE: 17. Any Rule 702 motions shall be filed on or before September 19, 2023. 18. Oppositions to any Rule 702 motions shall be filed on or before October 10, 2023. 19. Replies to any oppositions to any Rule 702 motions shall be filed on or before October 20, 2023. 20. At the time any brief is filed, the filing party shall supply Chambers with two (2) courtesy copies of its papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. 21. At the Court's discretion, a hearing will be held on the Rule 702 motions duri ng the week of December 4, 2023. If a hearing is to be held, the Court will discuss with the parties the scope and logistics of any such hearing in advance of the hearing. IV. PHASE TWO DISCOVERY: 22. Phase Two written discovery shall be served by plaintiffs on October 20, 2023. The defendants' obligation to respond to or otherwise investigate responses to Phase Two discovery, including sales and marketing issues, is hereby stayed pending the Court's decision on the parties' Rule 702 motions. Depositions due by 9/12/2023., Fact Discovery due by 6/2/2023., Motions due by 9/19/2023., Replies due by 10/20/2023., Responses due by 10/10/2023) (Signed by Judge Denise L. Cote on 2/1/2023) (vfr)
January 26, 2023 Opinion or Order Filing 43 SUPPLEMENTAL ORDER: SHORT FORM COMPLAINTS: The Order: Short Form Complaint issued on January 9, 2023. On January 23, the parties notified the Court that three additional defendants consent to service of short form complaints via email. Accordingly, it is hereby ORDERED that service may be effectuated as to the following entities via the means set forth below, as further set forth in this Order. SO ORDERED. (Signed by Judge Denise L. Cote on 1/26/2023) (vfr)
January 18, 2023 Opinion or Order Filing 41 PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. SO ORDERED. (Signed by Judge Denise L. Cote on 1/18/2023) (ama)
January 13, 2023 Opinion or Order Filing 40 ORDER: A conference was held on January 13, 2023. It is hereby ORDERED that the parties' proposed schedule for Phase 1 fact and expert discovery shall be filed by January 27, 2023. IT IS FURTHER ORDERED that the parties' proposed Deposition Protocol Order shall be filed by February 10, 2023. IT IS FURTHER ORDERED that the plaintiffs' proposed label change shall be filed by April 7, 2023. (Signed by Judge Denise L. Cote on 1/13/2023) (vfr)
January 9, 2023 Opinion or Order Filing 39 ORDER: COMMON BENEFIT FUND: This Order is entered to prepare for that possibility and to assist plaintiffs' counsel in their performance of common benefit work. Among other things, this Order: 1. defines common benefit work and explains who will be entitled to receive materials generated by common benefit work; 2. describes the creation of a Plaintiffs' Steering Committee Activities Fund ("PSC Activities Fund") to support ongoing common benefit work in this litigation; 3. sets out the procedures that eligible plaintiffs' attorneys must follow to be eligible to receive payment from the PSC Activities Fund or from a CB Fund the Court may establish; and 4. appoints a Special Master to assist in the administration o f this process. 1. Pursuant to Federal Rule of Civil Procedure 53(a), the Court appoints Amy Gernon as the Special Master who will assist the Court with the management of the record keeping process for common benefit fund work, and should a CB Fund be established, with the management and administration of payments from such a fund ("CBF Special Master"). 2. As required by Federal Rule of Civil Procedure 53(b) (1), the parties were given notice on November 17, 2022, and an opportunity to be heard regarding the appointment of a CBF Special Master. On December 7, all parties were given notice of the Court's consideration of Amy Gernon for that appointment. Objections to the appointment of Ms. Gernon were due on December 14, and no objection was filed. On December 8, Ms. Gernon filed a declaration that states that she has no relationship that requires disqualification under the standards set out at 28 U.S.C. § 455. 3. During these proceedings, the CBF Special Master ("Special Master") and the parties shall notify the Court promptly if they become aware of any grounds that would require disqualification of Ms. Gernon to serve as the Special Master. 4. The Court directs the Special Master to proceed with a ll reasonable diligence in carrying out her duties as assigned by the Court. 5. Plaintiffs' counsel are responsible for the payment of the fees and expenses of the Special Master. The Special Master's fees and expenses will be paid monthly. The Special Master, and her agents and representatives, shall maintain billing records of the time spent on this matter, with descriptions of the activities and matters worked on, which shall be submitted to Co-Lead Counsel for the plaintiffs (" ;Co-Lead Counsel") on a periodic basis for review and payment. This Order applies to all "Participating Counsel" and "CB-Approved Counsel". Those terms are defined below. (as further set forth herein). SO ORDERED. (Signed by Judge Denise L. Cote on 1/9/2023) (Attachments: # 1 Exhibit) (kv)
January 5, 2023 Opinion or Order Filing 37 ORDER: JANUARY 5 DRAFT COMMON BENEFIT ORDER: On January 3, 2023, plaintiff's Liaison Counsel submitted a revised draft Common Benefit Order and a Participation Agreement. Attached are revisions to those documents. It is hereby ORDERED that plai ntiffs' Co-Lead Counsel or their designee shall confer with the proposed Special Master for the Common Benefit Fund regarding these documents and provide the Court with a red-lined copy of any proposed revisions. (Signed by Judge Denise L. Cote on 1/5/2023) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (vfr)
January 3, 2023 Opinion or Order Filing 36 ORDER: JANUARY 11 SUBMISSIONS: On January 2, 2023, the parties filed a joint letter regarding the upcoming deadline for submissions relating to discovery. It is hereby ORDERED that the parties' submissions regarding the staging, schedule, and scope of discovery shall be filed by January 11, 2023. No submission regarding these topics need be filed on January 4, 2023. (Signed by Judge Denise L. Cote on 1/3/2023) (vfr)
December 23, 2022 Opinion or Order Filing 35 ORDER: APPOINTMENT OF CENSUS SPECIAL MASTER: Accordingly, it is hereby ORDERED that: Randi S. Ellis is appointed as the Census Special Master. The Census Special Master may retain other professionals whose services she determines to be necess ary and appropriate to conduct and complete her work and to assist her with her duties as Census Special Master. The Census Special Master, and her agents and representatives, shall be paid their standard hourly rate and reimbursed for reasona ble out-of-pocket expenses in connection with the discharge of her duties. Plaintiffs' leadership shall pay 50% of the fees and expenses of the Census Special Master, her agents, and her representatives. Defendants shall pay the other 50%. (Signed by Judge Denise L. Cote on 12/23/2022) (ate)
December 19, 2022 Opinion or Order Filing 33 ORDER: On December 19, 2022, the Retailer Defendants and the plaintiffs filed a joint status letter regarding the staging of and schedule for discovery. It is hereby ORDERED that the Retailer Defendants and the plaintiffs shall file a proposed discovery schedule by January 11, 2023. IT IS FURTHER ORDERED that in the event that any issues regarding the discovery schedule remain unresolved, a conference will be held on January 13, 2023 at 12:00 P.M. in Courtroom 18B, 500 Pearl Street, New York, New York. ( Status Conference set for 1/13/2023 at 12:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 12/19/2022) (vfr)
December 16, 2022 Opinion or Order Filing 32 ORDER: It is hereby ORDERED that by December 20, 2022, the parties shall submit a proposed order that appoints Randi S. Ellis as the Census Special Master. (Signed by Judge Denise L. Cote on 12/16/2022) (vfr)
December 13, 2022 Opinion or Order Filing 31 ORDER: On November 30, 2022, plaintiffs' Liaison Counsel submitted a proposed common benefit order. Attached is a revision to that proposed order ("Draft CB Fund Order"). It is hereby ORDERED that plaintiffs' Co-Lead Counsel or their designee shall confer with the proposed Special Master for the Common Benefit Fund regarding the Draft CB Fund Order and provide the Court with any proposed revisions. (Signed by Judge Denise L. Cote on 12/13/2022) (Attachments: # 1 Exhibit exhibit) (va)
December 9, 2022 Opinion or Order Filing 29 ORDER: SCHEDULING MASTER COMPLAINTS, SFCs, AND MOTIONS TO DISMISS: It is hereby ORDERED that: 1. Plaintiffs shall file the two Master Complaints by December 16, 2022: one naming the Retailer Defendants and the other naming Johnson & Johnson Cons umer Inc. ("JJCI"). These Master Complaints shall apply to all cases presently pending in this MDL against the aforementioned Defendants, and to all actions against Defendants that have been or will in the future be filed directly in o r transferred to this MDL. 2. Any Plaintiff whose action is pending in this MDL as of December 16, 2022 shall be deemed to have filed his or her Complaint as to the defendant(s) named in his or her Complaint as of the date he or she filed his or her original Complaint and not the date of the filing of the Master Complaints or the SFCs. 3. Plaintiffs shall file a proposed model SFC by December 16, 2022. The parties shall thereafter confer regarding the model SFC. The parties shall by Janua ry 4, 2023 submit a proposed order governing the use of SFCs in the MDL, a model SFC, or competing proposals with letters describing the grounds for any disagreements. 4. Following filing of the Master Complaints, the parties shall meet and confer r egarding the form and structure of any motion(s) to dismiss and by January 4, 2023 will report to the Court regarding those discussions. 5. The Court will hold a telephonic conference on January 6, 2023 at 4:00 p.m. regarding the model SFC and othe r issues covered in this Order. The parties shall use the following dial-in credentials for the conference: Dial-in: 888-363-4749. Access Code: 4324948. The parties shall use a landline if one is available. 6. Any SFC shall be filed in the indi vidual, member docket for the case. SFCS shall not be filed on the Master MDL Dockets (22MD3043 (DLC) and 22MC3043 (DLC)). 7. Should a decision regarding the model SFC be reached at the January 6, 2023 conference, all plaintiffs who have cases in th e MDL will be required to file their SFCs by January 20, 2023. 8. Following the Court's approval of the model SFC, any new plaintiff who files directly in this MDL pursuant to the December 2, 2022 Direct Filing Order (22MC3043: ECF No. 25), or a ny amendment to that Order, shall do so using the approved SFC. 9. Any plaintiff whose case is transferred into this MDL after approval of the model SFC shall file a SFC within fourteen (14) days of the case being transferred to the MDL. 10. Any plaintiff who fails to file a SFC by these deadlines may be dismissed upon motion. The parties will meet and confer regarding that motion practice and propose a process to the Court by January 4. 11. In the event SFCs are required to be filed by Jan uary 20, the defendants shall be required to file any motions to dismiss by February 10, 2023. Plaintiffs shall file any oppositions to the motions to dismiss by March 3, 2023. Replies, if any, shall be filed by March 17, 2023. At the time any bri ef is filed, the filing party shall supply Chambers with two (2) courtesy copies of its papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. 12. The parties shall be prepared to discuss at the conference to be held on January 6, 2023 the extent to which any motion to dismiss shall constitute a defendant's response not only to the Master Complaint but also to any SFC to which the Master Complaint applies. A defendant who moves to dismi ss shall not be required to file a Master Answer until twenty-eight (28) days after the Court rules on such a motion, or as otherwise ordered. If and when any defendant files a Master Answer, the Master Answer shall constitute that defendant' ;s Answer to the Master Complaint and to any SFC to which the Master Complaint applies, except that a defendant's Answer will not waive any objections to service, jurisdiction or venue, and will not waive any defenses to any claims or issues not pleaded in the Master Complaint. 13. Nothing in this Order shall preclude any defendant from filing counterclaims, cross- claims, and/or third-party claims, as may be necessary and appropriate under the law, provided that any such claims be asse rted in a manner consistent with the procedures and deadlines set forth in the Federal Rules of Civil Procedure. ( Motions due by 2/10/2023., Responses due by 3/3/2023, Replies due by 3/17/2023., Telephone Conference set for 1/6/2023 at 4:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 12/9/2022) (vfr)
December 7, 2022 Opinion or Order Filing 28 ORDER: NOTICE OF SPECIAL MASTER CANDIDATES: Accordingly, it is hereby ORDERED that all parties consider the Court's intention to appoint two special masters pursuant to Rule 53(b), Fed. R. Civ. P. One Special Master will oversee and administer the Common Benefit Fund ("CBF Special Master") and one Special Master will manage a census of cases in this MDL ("Census Special Master"). IT IS FURTHER ORDERED that all parties are hereby notified that the Court is considering th e appointment of Amy Gernon of Gernon Law as the CBF Special Master. IT IS FURTHER ORDERED that all parties are hereby notified that the Court is considering the appointment Randi S. Ellis of Randi S. Ellis, LLC as the Census Special Master. IT IS FURTHER ORDERED that pursuant to Rule 53(b)(3)(A), Ms. Gernon and Ms. Ellis must each file an affidavit by December 12, 2022 stating whether there is any ground for disqualification under 28 U.S.C. 455. IT IS FURTHER ORDERED that any party to this litigation with alternative suggestions for a CBF Special Master or a Census Special Master of objections to Ms. Gernon's or Ms. Ellis's appointment may file those suggestions or objections by December 14, 2022. (Signed by Judge Denise L. Cote on 12/7/2022) (vfr)
December 2, 2022 Opinion or Order Filing 26 ORDER: A pretrial conference was held on December 2, 2022. It is hereby ORDERED that by December 8, 2022, the parties shall meet and confer and submit a proposed order regarding additions to the December 2, 2022 Pretrial Scheduling Order: Master Complaints, SFCs, and Motions to Dismiss. (Signed by Judge Denise L. Cote on 12/2/2022) (vfr)
December 1, 2022 Opinion or Order Filing 22 ORDER: A telephonic conference will be held on December 2, 2022 at 4:00 PM regarding the proposed Direct Filing Orders. It is hereby ORDERED that the Draft Order of December 1, 2022: Direct Filing, attached hereto, will be discussed at the conference. (Signed by Judge Denise L. Cote on 12/1/2022) (Attachments: # 1 Exhibit 1) (vfr)
November 22, 2022 Opinion or Order Filing 19 ORDER: PLAINTIFF'S PROPOSED LEADERSHIP APPOINTMENTS: Accordingly, it is hereby ORDERED that any objection to the following proposal be filed by November 30, 2022. It is proposed by Co-Lead Counsel that for one year, subject to renewal by Court Order, the following lawyers are appointed as plaintiffs' leadership team ("Leadership Team"), as further set forth in this Order. IT IS FURTHER ORDERED that any plaintiffs' attorney who seeks appointment to the Leadership Team an d who has not yet submitted an application for such appointment shall submit such an application by November 30, 2022. No attorneys shall be added to the Leadership Team without prior application to and approval from this Court. IT IS FURTHER ORDERE D that Co-Lead Counsel shall advise the Court by the first of each month whether any member of the Leadership Team, or any attorney at the law firm to which that member belongs, has filed an action related to this MDL in state court. If such a filin g has been made, the member of the Leadership Team shall submit a letter to the Court explaining whether good cause exists for the state court filing. Counsel are reminded that the transfer of an action to the MDL or the direct filing of an action i n the MDL (pursuant to an Order to be issued by this Court) do not constitute, for any party, a waiver pursuant to Lexecon, Inc. v. Milberg Weiss Bershad Hynes & Lerach, 523 U.S. 26 (1998). ( Motions due by 11/30/2022.) (Signed by Judge Denise L. Cote on 11/22/2022) (vfr)
November 18, 2022 Opinion or Order Filing 18 ORDER: POST-CONFERENCE SUBMISSIONS: A conference in In Re: Acetaminophen - ASD-ADHD Products Liability Litigation was held on November 17, 2022. It is hereby ORDERED that by November 30, 2022, plaintiffs' counsel and defense counsel shall meet and confer and submit proposed orders and/or status letters on the following, as further set forth in this Order. (Signed by Judge Denise L. Cote on 11/18/2022) (vfr)
November 16, 2022 Opinion or Order Filing 16 ORDER: CONFERENCE AGENDA: An initial conference in In Re: Acetaminophen - ASD-ADHD Products Liability Litigation is scheduled for November 17, 2022 at 2:30 P.M. The parties have proposed agendas for the conference. On November 2, Mikal C. Watts, As hley C. Keller, and W. Mark Lanier submitted a proposal for a leadership structure for plaintiffs' counsel ("Structure") and nominated attorneys to identified positions within that Structure. On November 14, nominees submitted applicat ions. Any objections to the nominations were due November 16 at 12:00 P.M. There having been no objections, it is hereby ORDERED that the Structure is approved subject to modification as appropriate to meet the needs of the litigation. IT IS FUR THER ORDERED that the November 2 nominations to positions within the approved Structure are approved for one year, subject to renewal by Court Order. IT IS FURTHER ORDERED that the following items will compose the agenda for the November 17 conference, subject to further modification as suggested by the parties or as deemed appropriate by the Court. (As further set forth in this Order.) (Signed by Judge Denise L. Cote on 11/16/2022) (vfr)
November 14, 2022 Opinion or Order Filing 14 ORDER: Having received on November 10, 2022 the parties' preconference submissions and counsel's letters of intention to appear at the November 17 conference, it is hereby ORDERED that by November 16, 2022 at 12:00 P.M., plaintiffs' ; proposed liason counsel Daniel Sullivan of Holwell Shuster & Goldberg LLP shall submit an appearance sheet for plaintiff's counsel for the November 17 conference. The appearance sheet must list all plaintiffs' counsel who wish to be hear d at the conference, so long as they have also timely submitted a letter stating his or her intention to appear at the November 17 conference. For each such attorney, the appearance sheet should identify his or her law firm (including the address of the law firm). IT IS FURTHER ORDERED that by November 16, 2022 at 12:00 P.M., King and Spalding shall submit an appearance sheet for defense counsel for the November 17 conference. The appearance sheet must list all defense counsel who wish to be h eard at the conference, so long as they have also timely submitted a letter stating his or her intention to appear at the November 17 conference. For each such attorney, the appearance sheet should identify his or her law firm (including the addr ess of the law firm) and the client/s. IT IS FURTHER ORDERED that by November 16, 2022 at 12:00 P.M., defense counsel shall, in consultation with the plaintiffs' counsel, submit a proposed order governing the direct filing of cases related to the MDL in the Southern District of New York. (Signed by Judge Denise L. Cote on 11/14/2022) (vfr)
November 9, 2022 Opinion or Order Filing 9 ORDER: An October 18, 2022 Order scheduled an initial pretrial conference for November 17, 2022 at 2:30 P.M. and required all counsel who intend to appear at the conference to file a letter by November 10, 2022 notifying this Court of their int ention. Having received inquiries today regarding the appearance of attorneys at the conference who are counsel of record in cases related to this MDL that have not yet arrived in this Court, it is hereby ORDERED that any such attorney wishing to appear at the November 17 conference must file on ECF a notice of appearance and a letter notifying the Court of his or her intent to appear at the conference. Counsel seeking clarification on how to file these documents on ECF shall call the Southern District of New York's ECF Help Desk at 212-805-0800 and select option 2. (Signed by Judge Denise L. Cote on 11/9/2022) (ate)
November 4, 2022 Opinion or Order Filing 8 ORDER : DEFENDANTS' LEADERSHIP STRUCTURE: Having considered defendants' November 3, 2022 joint submission on a proposed leadership structure for this litigation, it is hereby ORDERED that the defendants' proposed leadership structure is adopted. For now, the defendants' leadership structure will consist of a Retailer Liaison Committee ("RLC"). This Order does not preclude any future amendments to the defendants' leadership structure. IT IS FURTHER ORDERED tha t there will be an open application process for appointments to the RLC. Any attorney who has entered an appearance on behalf of a retailer defendant may apply to be considered for an appointment. IT IS FURTHER ORDERED that the method and schedule for appointments ordered in paragraphs 6, 7, and 8 of the November 3, 2022 Order: Plaintiffs' Leadership Structure shall apply to applications for appointments to the RLC. (Signed by Judge Denise L. Cote on 11/4/2022) (vfr)
November 3, 2022 Opinion or Order Filing 7 ORDER: PLAINTIFFS' LEADERSHIP STRUCTURE: Having considered plaintiffs' November 2, 2022 joint submission on a proposed leadership structure for this litigation, it is hereby ORDERED: I.PLAINTIFFS' LEADERSHIP STRUCTURE: 1. The plaintiffs' proposed leadership structure is adopted. The plaintiffs' leadership structure will include Lead Counsel, Liaison Counsel, a Plaintiffs' Executive Committee ("PEC"), and a Plaintiffs' Steering Commi ttee ("PSC"). There will also be five sub-committees, as further set forth herein. Each sub-committee will have a Chair. 2. Lead Counsel is charged with acting for all plaintiffs -- either personally or by coordinating the efforts of others -- in presenting written and oral arguments and suggestions to the Court, working with opposing counsel in developing and implementing a litigation plan, initiating and organizing discovery requests, responses, and depositions, employing experts, arranging for support services, and ensuring that schedules are met. 3. Liaison Counsel will assist in the administration of the litigation, such as communications between the Court and other counsel (including receiving and distribu ting notices, orders, motions, and briefs on behalf of the group), convening meetings of counsel, advising parties of developments, and otherwise assisting in the coordination of activities. Liaison Counsel shall have offices in the Southern Distri ct of New York. 4.The PEC will consist of Lead Counsel, Liaison Counsel, and the Chairs of each sub-committee and will work closely with Lead Counsel to manage the litigation. The PSC will consist of ten attorneys. Each PSC member will serve on at least one sub-committee. II. METHOD AND SCHEDULE FOR APPOINTMENTS: 5. There will be an open application process for appointments to leadership positions. Any attorney who has filed an action in this litigation may apply to be considered for the position of Lead Counsel, Liaison Counsel, Chair of a sub-committee, or a member of the PSC. 6. Applications for appointment will be due November 14, 2022, with any objections to those applications due November 16, 2022 at 12:00 P.M. The applications and any objections shall be filed solely in 23md3043. Applications will be heard at the November 17 conference for five minutes or less. Any applicant wishing to be heard at the conference shall indicate so in the application. 7. All applicants for appointment shall file a letter not to exceed three pages detailing their qualifications and commitment to serve. In reviewing applications, the following criteria will be considered, among others, as further set forth herein. 8. Any objection to an applicant shall be filed as a letter no longer than three pages and may be supported by documentation. 9. Also, by November 14, 2022, proposed co-lead counsel, Mikal Watts, Ashley Keller, and Mark Lanier, shall submi t a joint letter no longer than five pages addressing how their appointment or the appointment of others identified in their November 2, 2022 letter advances geographic and any other relevant diversity. ( Motions due by 11/14/2022.) (Signed by Judge Denise L. Cote on 11/3/2022) (vfr)
October 24, 2022 Opinion or Order Filing 5 ORDER: PRE-CONFERENCE SUBMISSIONS: It is hereby ORDERED: The pretrial conference of November 17, will be held in Courtroom 18B, 500 Pearl Street, New York, New York...The notice of intent to appear at the November 17 conference is due 11/10/2022...A lso on 11/10/2022, plaintiffs and defendants shall each submit status letters (one letter on behalf of all plaintiffs and one letter on behalf of all plaintiffs and one letter on behalf of all defendants) setting forth the following information in se parate paragraphs: (as further set forth in this Order)...Defense counsel shall confer and advise the Court, no later than 11/10/2022, by joint letter, not to exceed three pages, whether they will stipulate that they will not object, based on imprope r venue, to the filing directly in the Southern District of New York of related cases that emanate from other districts and that would appropriately be included in this MDL, on the understanding that upon completion of all pretrial proceedings applic able to a case directly filed in this Court pursuant to this provision, this Court, pursuant to 28 U.S.C. 1404(a), will transfer that case to a federal district court of proper venue, as defined in 28 U.S.C. 1391. The parties to any such directly fi led action shall confer and within 14 days of the filing identify the district or districts to which the action may be transferred upon the completion of all pretrial proceedings. The duties of lead and liaison counsel are enumerated in the MDL Fou rth 10.22. No later than 11/3/2022, to the extent possible, counsel representing all plaintiffs shall file a joint letter no to exceed five pages (and to the extent necessary, individual supplemental letters not to exceed two pages) setting forth th e following information in separate sections: (as further set forth in this Order). Also on 11/3/2022, to the extent possible, counsel for all defendants shall file a joint letter not to exceed five pages (and to the extent necessary, individual sup plemental letters not to exceed two pages) setting forth counsel's views on the necessity and desirability (or lack thereof) of the appointment of lead and liaison counsel for the defendants. It is anticipated that applications for appointment will be due 11/4/2022, with any objections to those applications due 11/16/2022 at 12:00 P.M. The applications and any objections shall be filed solely in 22md3043...Any counsel who anticipates seeking an award of attorneys' fees and reimburse ment expenditures from the Court shall comply with the directives in the MCL Fourth 14,213 regarding the maintenance and filing of contemporaneous records reflecting the services performed and the expenses incurred. No motion (other than under Rule 12) shall be filed unless it includes a certification that the movant has conferred with opposing parties and made a good faith effort to resolve the matter without court action. All pretrial conference submissions ordered herein shall be filed in b oth 22md3043 and 22mc3043 unless otherwise ordered. Counsel for MDL Defendants shall cooperate with each other to serve by 11/3/2022 this Order electronically on counsel for parties in actions related to this MDL whose cases have not yet been trans ferred to this Court. (As further set forth in this Order) ( Initial Conference set for 11/17/2022 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.), ( Motions due by 11/14/2022., Responses due by 11/16/2022) (Signed by Judge Denise L. Cote on 10/24/2022) (tro)
October 21, 2022 Opinion or Order Filing 4 ORDER: ATTORNEY ADMISSIONS: It is hereby ORDERED that counsel who have appeared as counsel of record in an action transferred into the MDL, 22md3043, prior to its transfer into this District need not enter a notice of appearance or file a motion for pro hac vice admission before this Court, and need not obtain local counsel. Any attorney who appears in a Member Case after its transfer (or, in a case directly filed in this District) must enter a notice of appearance in the MDL, 22md3043, and, if not admitted to the Bar of this Court, must apply for pro hac vice status pursuant to the Southern District of New York's Local Rules. An attorney need file only one pro hac vice motion, even if he or she is the attorney of record for several i ndividual plaintiffs or defendants. The attorney shall be required to pay the pro hac vice fee only one time. IT IS FURTHER ORDERED that pro hac vice motions should be filed in the MDL, 22md3043, and counsel shall "spread" the motion to all cases for which the attorney represents an individual litigant. (Signed by Judge Denise L. Cote on 10/19/2022) (vfr)
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