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Last Updated:
September 20, 2005
Forms and information related to the MDL Settlement Program can be found
on the Settlement Program page of this website.
September 20, 2005
A telephone status conference was held on this date in the
Chambers of Judge Eldon E. Fallon. Special Master Patrick Juneau
reported to the Court upon the development of an expedited review
process in the Settlement Program for certain bright-line claims.
This
matter is memorialized in the Court's
Minute Entry dated September 20, 2005
.
September 19, 2005
Due to the effects of Hurricane Katrina, the monthly status
conference scheduled in this matter for October 18, 2005 at 9:00 a.m.
shall be held in the Courtroom of Judge Eldon E. Fallon in Houston,
Texas.
This is memorialized in the Court's
Order dated September 19, 2005.
September 16, 2005
Please see the attached
letter dated
September 9, 2005 from Special Master Patrick Juneau regarding
the relocation of the Settlement Program to Lafayette, Louisiana.
September 15, 2005
A telephone conference was held on this date in the Chambers of Judge
Eldon E. Fallon in Houston, Texas. At the conference, the Court
conferred with the parties and special master on the best available
method to triage the distribution of funds to undisputed claims. The
parties will present a plan for dealing with the undisputed claims in an
expedited fashion. Counsel will report to the Court further on this
issue this afternoon.
These matters are memorialized in the Court's Minute Entry dated
September 15, 2005 .
September 6, 2005
A telephone status conference was held on this date in the Chambers
of Judge Eldon E. Fallon. Chambers has temporarily relocated to the
Southern District of Texas, Houston Division. The Court discussed the
status of the litigation and the Settlement Program. Until further
notice, the Settlement Program will be managed out of Lafayette,
Louisiana.
These matters are memorialized in the Court's Minute Entry dated
September 6, 2005 .
August 23, 2005
The monthly status conference was held on this date in the Courtroom
of Judge Eldon E. Fallon. At the conference, the Court considered issues
raised by liaison counsel in their
Joint Report No. 42 , including state liaison counsel, service
list of attorneys, the trust account, trial schedule, pharmacy indemnity
agreements, the MDL Mediation and Resolution Program, Daubert
motions, pro se plaintiffs, Verilaw/Lexis Propulsid Litigation
migration, status of remand motions, proposed remand order, preservation
of electronic data, Motion to Amend June 28 Order re: Special Master,
the Lomax cases, and the proposed order to reflect dismissal of
certain tolling agreement claimants.
These matters are memorialized in the Court's Minute Entry dated
August 23, 2005 .
July 19, 2005
The parties have agreed to extend the deadline for submission of claim forms under the Settlement Program to October 10, 2005. Please see the Claim Form Extension for further information.
June 28, 2005
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 41, including state liaison counsel
matters, service list of attorneys, trust account issues, trial schedule, pharmacy
indemnity agreements, MDL mediation and resolution program, the global application of the
Courts Daubert opinion, pro se plaintiffs, Verilaw/Lexis Propulsid litigation
migration, status of motions, the Proposed Remand Order, preservation of electronic data,
empowerment of the Special Master to make a recommendation regarding attorneys fees,
the Lomax cases, and the status of Vernon L. Gray. The next monthly pretrial conference
shall be held on Tuesday, August 23, 2005, at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated June 28, 2005.
April 26, 2005
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 40, including state liaison counsel
matters, service list of attorneys, trust account issues, mediation and resolution
program, trial schedule, pharmacy indemnity agreements, the global application of the
Courts Daubert opinion, changes to electronic service provider Verilaw, pro se
plaintiffs, pending Remand Motions, and a Proposed Remand Order. The next monthly pretrial
conference shall be held on Tuesday, June 28, 2005, at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated April 26, 2005.
March 24, 2005
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 39, including state liaison counsel
matters, service list of attorneys, the motion for certification of a nationwide class,
trust account issues, mediation and resolution program, trial schedule, pharmacy indemnity
agreements, the global application of the Courts Daubert opinion, changes to
electronic service provider Verilaw, and pro se plaintiffs. The next monthly pretrial
conference shall be held on Tuesday, April 26, 2005, at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated March 24, 2005.
February 25, 2005
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 38, including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, service list of attorneys, the motion for certification of a
nationwide class, trust account issues, mediation and resolution program, trial schedule,
pharmacy indemnity agreements, the global application of the Courts Daubert opinion,
stipulation providing for the use at trial of depositions, and pro se plaintiffs. The next
monthly pretrial conference shall be held on Thursday, March 24, 2005, at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated February 25, 2005.
January 17, 2005
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 37, including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, service list of attorneys, the motion for certification of a
nationwide class, trust account issues, mediation and resolution program, trial schedule,
pharmacy indemnity agreements, the global application of the Courts Daubert opinion,
stipulation providing for the use at trial of depositions, and pro se plaintiffs. The next
monthly pretrial conference shall be held on Friday, February 25, 2005, at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated January 17, 2005.
December 16, 2004
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 36, including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, service list of attorneys, the motion for certification of a
nationwide class, trust account issues, mediation and resolution program, trial schedule,
pharmacy indemnity agreements, the global application of the Courts Daubert opinion,
stipulation providing for the use at trial of depositions, and pro se plaintiffs. The next
monthly pretrial conference shall be held on Friday, January 14, 2005, at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated December 16, 2004.
November 19, 2004
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 35, including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, service list of attorneys, the motion for certification of a
nationwide class, trust account issues, mediation and resolution program, trial schedule,
pharmacy indemnity agreements, the global application of the Courts Daubert opinion,
stipulation providing for the use at trial of depositions, and pro se plaintiffs. The next
monthly pretrial conference shall be held on Thursday, December 16, 2004, at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated November 19, 2004.
October 21, 2004
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 34, including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, service list of attorneys, the motion for certification of a
nationwide class, trust account issues, mediation and resolution program, trial schedule,
pharmacy indemnity agreements, the global application of the Courts Daubert opinion,
stipulation providing for the use at trial of depositions, and pre-trial order listing MDL
plaintiffs. The next monthly pretrial conference shall be held on Friday, November 19,
2004, at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated October 21, 2004.
October 14, 2004
The Order Governing the Identification of Individuals
whose Cases are Pending in the MDL is now available for viewing on the "Orders" page of this website. The Order references Exhibit "A," which is also available for
viewing on the "Orders" page of this website. Exhibit
"A" identifies all of the live personal injury users and decedents in active
federal cases as of 02/01/2004 whose cases are "pending in this Court" as
defined in Paragraph 1B of the Settlement Program Term Sheet.
September 23, 2004
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 33, including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, service list of attorneys, the motion for certification of a
nationwide class, trust account issues, mediation and resolution program, trial schedule,
pharmacy indemnity agreements, the global application of the Courts Daubert opinion,
stipulation providing for the use at trial of depositions, and pre-trial order listing MDL
plaintiffs. The next monthly pretrial conference shall be held on Thursday, October 21,
2004, at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated September 23, 2004.
August 6, 2004
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 32, including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, service list of attorneys, the motion for certification of a
nationwide class for medical monitoring, plaintiffs' and defendants' respective requests
for production of documents, trust account issues, mediation, trial of cases filed in
Louisiana, declassification of sealed documents, the "end game" strategy, and
the global application of the Courts Daubert opinion. The next monthly pretrial
conference shall be held on Thursday, September 23, 2004, at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated August 6, 2004.
July 30, 2004
The following documents are now available for viewing on the "Forms"
page of the website: Form letter for
claims on behalf of decedents; Form letter
for claims on behalf of those claiming injury; Summary of MDL-1355 Term Sheet; and Opt-out form.
June 28, 2004
The Order appointing Patrick Juneau Special Master
as part of the MDL resolution program is now available for viewing on the "Orders" page of the website.
June 25, 2004
The Enrollment Form, Death Claim Form, and Personal Injury Claim Form are now available for
those eligible to participate in the MDL 1355 Resolution Program. These forms are
available on the Forms page of the website in "PDF"
format. They must be downloaded and completed manually.
June 25, 2004
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 31, including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, service list of attorneys, the motion for certification of a
nationwide class for medical monitoring, plaintiffs' and defendants' respective requests
for production of documents, trust account issues, mediation, trial of cases filed in
Louisiana, declassification of sealed documents, the "end game" strategy, and
the global application of the Courts Daubert opinion. The next monthly pretrial
conference shall be held on Friday, August 6, 2004, at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated June 25, 2004.
June 14, 2004
The next monthly status conference shall be held on Friday, June 25, 2004, at 9:00 a.m.
The Court shall meet with liaison counsel in Chambers at 8:30 a.m.
June 9, 2004
Due to observance of the national day of mourning in remembrance of former President
Ronald Reagan, the monthly status conference scheduled to be held on Friday, June 11,
2004, is cancelled to be rescheduled at a later date.
April 29, 2004
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 30, including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, service list of attorneys, the motion for certification of a
nationwide class for medical monitoring, plaintiffs' and defendants' respective requests
for production of documents, trust account issues, mediation, trial of cases filed in
Louisiana, declassification of sealed documents, the "end game" strategy, and
the global application of the Courts Daubert opinion. The next monthly pretrial
conference shall be held on Friday, June 11, 2004, at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated April 29, 2004.
March 11, 2004
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint
Report No. 29, including update of rolling document and electronic document production,
state liaison counsel matters, patient profile form and authorizations, service list of
attorneys, the motion for certification of a nationwide class for medical monitoring,
plaintiffs' and defendants' respective requests for production of documents, trust account
issues, mediation, trial of cases filed in Louisiana, declassification of sealed
documents, the "end game" strategy, and the global application of the
Courts Daubert opinion. The next monthly pretrial conference shall be held on
Thursday, April 29, 2004 at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated March 11, 2004.
February 4, 2004
Janssen Pharmaceutical And The Plaintiffs Steering Committee
Of The Propulsid Multi-District Litigation Announce Agreement To Resolve Federal Cases
(February 4, 2004) -- Janssen Pharmaceutical, a Johnson & Johnson
company, and the Plaintiffs Steering Committee (PSC), through lead counsel, Russ M. Herman
of Herman, Mathis, Casey, Kitchens & Gerel, LLP, of the PROPULSID(r) Federal
Multi-District Litigation (MDL- 1355, E.D. La.) announced today that they had reached an
agreement in principle to resolve all federal lawsuits related to the product PROPULSID
(cisapride).
There are approximately 4,000 individuals included in the Federal MDL
of whom approximately 300 are alleged to have died from use of the drug. The agreement
becomes effective once 85 percent of the death claims, and 75 percent of the remainder,
agree to the terms of the settlement. In addition, 12,000 individuals who have not filed
lawsuits, but whose claims are the subject of "tolling agreements" suspending
the running of the statutes of limitations against those claims, must also agree to
participate in the settlement before it will become effective.
The agreement requires all participating plaintiffs to submit medical
records to a court appointed independent medical panel. The medical panel will determine
whether the claimed injuries were caused by PROPULSID and otherwise meet the standards for
compensation. If those standards are met, a court-appointed special master will determine
compensatory damages. As part of the agreement, defendants will waive a number of
defenses.
Janssen will pay as compensation a minimum of $69.5 million and a
maximum of $90 million, depending upon the number of plaintiffs who enroll in the program.
Janssen will also establish an administrative fund not to exceed $15 million, and will pay
legal fees to the PSC not to exceed $22.5 million, subject to court approval.
Following a meeting called by the PSC for all plaintiffs' counsel
representing claimants in MDL 1355 scheduled to occur on February 17, 2004, in Orlando,
Florida, the court will post on its website located at "http:\\propulsid.laed.uscourts.gov",
the Term Sheet and forms referenced in an Order to be issued by Judge Eldon Fallon, the
presiding judge in MDL 1355 of the United States District Court, Eastern District of
Louisiana.
Inquiries should be directed to Russ M. Herman of Herman, Mathis,
Casey, Kitchens & Gerel, LLP, 820 O'Keefe Avenue, New Orleans, Louisiana 70113, PH:
(504) 581-4892, FAX: (504) 561-6024, for plaintiffs.
Press Contact:
| Johnson & Johnson |
Jeffrey J. Leebaw |
732-524-3350 |
| Plaintiffs Steering Committee |
Russ M. Herman |
504-581-4892 |
Investor Services:
|
Helen E. Short |
732-524-6491 |
|
Stan Panasewicz |
732-524-2524 |
January 29, 2004
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 28, including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, service list of attorneys, the motion for certification of a
nationwide class for medical monitoring, plaintiffs' and defendants' respective requests
for production of documents, trust account issues, mediation, trial of cases filed in
Louisiana, declassification of sealed documents, the "end game" strategy, and
the global application of the Courts Daubert opinion. The next monthly
pretrial conference shall be held on Thursday, March 11, 2004 at 9:00 a.m.
These matters are memorialized in the Courts Minute
Entry dated January 29, 2004.
December 4, 2004
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 27 including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, service list of attorneys, third party subpoena duces tecum issued by
PSC, the motion for certification of a nationwide class for medical monitoring, mediation,
trial of select cases filed in Louisiana, declassification of sealed documents, and
plaintiffs' and defendants' respective requests for production of documents, the "end
game" strategy, and the global application of the Courts Daubert opinion.
The next monthly pretrial conference shall be held on Thursday, January 29, 2004
at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated January 14, 2004.
September 11, 2003
A conference was held on this date in the Courtroom of Judge Eldon E. Fallon to discuss
the selection of dates for trials, pretrials, and hearings for those cases designated to
the Eastern District of Louisiana. The Court set the following individual claims for trial
on the following dates:
(1) February 2, 2004, 8:30 a.m. Civil Action No. 00-2774, captioned, Jacquelyn
Millican, et al. v. Johnson & Johnson, et al. [individual claim of Ford Jefferson
Millican]; and
(2) March 1, 2004, 8:30 a.m. Civil Action No. 00-2375, captioned, Mitchell
Williams, et al. v. Johnson & Johnson, et al. [individual claim of Mitchell Williams].
These matters are memorialized in the Court's Order, dated September 16, 2003.
September 3, 2003
On this date, the Court GRANTED IN PART and DENIED IN PART the Degge Group's Motion for
Reimbursement Pursuant to Rule 45 as set forth in the Order
& Reasons regarding third-party costs. The Court granted the motion insofar as it
sought recovery of $1,283.77. The Court DENIED the motion as to all other relief sought.
August 14, 2003
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 25 including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, service list of attorneys, third party subpoena duces tecum issued by
PSC, the motion for certification of a nationwide class for medical monitoring, mediation,
trial of select cases filed in Louisiana, declassification of sealed documents, and
plaintiffs' and defendants' respective requests for production of documents, the "end
game" strategy, motions to enforce subpoenas, and the global application of the
Court' Daubert opinion. The next monthly pretrial conference shall be held on
Thursday, September 25, 2003 at 9:00 a.m.
These matters are memorialized in the Court's Minute Entry dated August 14, 2003.
Also on this date, the Court issued a second Minute Entry scheduling a status conference for
Thursday, September 11, 2003 at 9:00 a.m. in the Courtroom of Judge Eldon E. Fallon to
discuss the selection of trial dates for those cases designated for trial in the Eastern
District of Louisiana.
July 2, 2003
On this date, the Court issued a Minute Entry
concerning the scheduling of trials in Louisiana.
June 26, 2003
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 24 including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, service list of attorneys, third party subpoena duces tecum issued by
PSC, the motion for certification of a nationwide class for medical monitoring, mediation,
trial of select cases filed in Louisiana, declassification of sealed documents, and
plaintiffs' and defendants' respective requests for production of documents, the "end
game" strategy, and motions to withdraw as counsel of record. The next
monthly pretrial conference shall be held on Thursday, August 14, 2003 at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated July 3, 2003.
May 22, 2003
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 23 including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, service list of attorneys, third party subpoena duces tecum issued by
PSC, the motion for certification of a nationwide class for medical monitoring, mediation,
trial of select cases filed in Louisiana, declassification of sealed documents, and
plaintiffs' and defendants' respective requests for production of documents, and the
"end game" strategy. The next monthly pretrial conference shall be held
on Thursday, June 26, 2003 at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated May 27, 2003.
April 29, 2003
By Order & Reasons dated this date the Court
GRANTED the Defendants Motion to Exclude Opinions of Dwain L. Eckberg, M.D. and
William E. Shell, M.D. in the case of Ernestine Brock, a plaintiff in Civil Action No.
00-2497. In that same Order & Reasons, the Court also GRANTED the defendants
Motion for Summary Judgment as to causation and DISMISSED AS MOOT the defendants motion
for partial summary judgment on the issue of plaintiffs composition, express
warranty, and design claims.
April 25, 2003
The monthly pretrial status conference was held on this date in the Courtroom of Judge
Eldon E. Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 22 including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, service list of attorneys, third party subpoena duces tecum issued by
PSC, the motion for certification of a nationwide class for medical monitoring, mediation,
trial of select cases filed in Louisiana, declassification of sealed documents, and
plaintiffs' and defendants' respective requests for production of documents, and the
"end game" strategy. The next monthly pretrial conference shall be held
on Thursday, May 22, 2003 at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated April 29, 2003.
Following that conference, the Court held a telephone conference to discuss the
PLCs subpoenas duces tecum issued to the Degge Group and McKinsey & Co.
Participating in the conference were representatives of the PLC and DLC, as well as
counsel for the Degge Group and McKinsey & Co. These matters are memorialized in two
minute entries: (1) the Degge Group Minute Entry; and (2)
the McKinsey & Co. Minute Entry.
April 21, 2003
On this date, the PLC filed a motion for release and disbursement of funds from
deposits made in the registry of the court. This matter is set for hearing before this
Court on Monday, May 5, 2003 at 10:00 a.m.
March 31, 2003
In a March 31, 2003 Minute Entry, the Court
dismissed with prejudice the design defect claims pending in the Diez case in light
of the jurys verdict. The Court also entered a Final
Judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure as to all
claims in the Diez case.
Also on this date, the Court issued a Minute Entry
continuing trial in the Brock case due to a conflict on the Courts schedule
(i.e., a criminal trial scheduled to begin on the same date as trial in Brock).
March 26, 2003
As noted below, trial in the Diez matter commenced before Judge Eldon E. Fallon
on March 17, 2003 on the issue of the adequacy of warnings, which was severed from the
design defect claims. Plaintiffs claimed that the decedents cause of death was
related to Propulsid and that the defendants had failed to adequately warn the
defendants treating physician of the dangers involved in using the drug. Defendants
contended that the decedents cause of death was a heart attack unrelated to
Propulsid and that they had provided adequate warnings to the prescribing physician of the
dangers of the drug.
Following an eight-day jury trial, the jury returned a verdict in favor of the
defendants. The jury found that Propulsid did not cause the decedents death. As
such, the jury did not have to reach the adequacy of warnings issue.
March 13, 2003
The Court, in Order and Reasons dated this date,
denied the Motion for Reconsideration of the Courts March 11, 2003 Order &
Reasons severing the warnings claims and design defects claims in the Diez case,
scheduled for trial on March 17, 2003.
March 11, 2003
In Order & Reasons dated this date, the Court
DENIED IN PART AND RESERVED RULING IN PART on the defendants motion for summary
judgment on the issues of defect in composition and construction, breach of warranty, and
alternative design defect. The Court further ordered that the issues of alternative design
and adequate warning would be severed with the trial on the warnings claim beginning on
March 17, 2003.
In a second Order & Reasons dated this date,
the Court GRANTED the defendants motion in limine to exclude reference to subsequent
remedial measures.
March 7, 2003
The Court held a pretrial conference on this date in the Diez and Brock cases.
The Court then heard oral arguments on various motions connected to the trial of these
cases. The events of the pretrial conference and the Courts rulings on the motions
are contained in this Courts Minute Entry dated March
7, 2003.
The monthly pretrial status conference was also held on this date in the Courtroom of
Judge Eldon E. Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 21 including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena
to BevGlen, third party subpoena duces tecum issued by PSC, the motion for certification
of a nationwide class for medical monitoring, mediation, trial of select cases filed in
Louisiana, declassification of sealed documents, and plaintiffs' and defendants'
respective requests for production of documents, and the "end game" strategy. The
next monthly pretrial conference shall be held on Friday, April 25, 2003 at 9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated March 28, 2003.
February 3, 2003
Oral Arguments were held on this date in the Courtroom of Judge Eldon E. Fallon to
consider the following motions:
(1) Defendants Motion in Limine to Exclude Opinions of Plaintiffs Experts,
Dwain L. Eckberg, M.D. and William E. Shell, M.D. in the case of plaintiff, Ernestine
Brock, Civil Action No. 00-2497;
(2) Defendants Motion for Summary Judgment in the case of plaintiff Samantha
Reed, Civil Action No. 00-282;
(3) Defendants Motion in Limine to Exclude Regulatory and Labeling Opinions in
the Diez [00-2577], Reed [00-282], and Brock [00-2497] cases; and
(4) Defendants Motion in Limine to Prohibit Reference to Matters of
Gastroenterology in the Diez [00-2577], Reed [00-282], and Brock [00-2497] cases
Following oral arguments, the Defendants Motion in Limine to Exclude Expert
Opinions and the Defendants Motion for Summary Judgment were TAKEN UNDER SUBMISSION.
The Court further DENIED the remaining Motions in Limine for oral reasons given.
January 28, 2003
A pretrial status conference was held on this date in the courtroom of Judge Eldon E.
Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 20 including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena
to BevGlen, third party subpoena duces tecum issued by PSC, the motion for certification
of a nationwide class for medical monitoring, mediation, trial of select cases filed in
Louisiana, declassification of sealed documents, and plaintiffs' and defendants'
respective requests for production of documents, and the "end game" strategy.
The next monthly pretrial conference shall be held on Friday, March 7, 2003 at
9:00 a.m.
These matters are memorialized in the Courts Minute Entry dated February 6, 2003.
January 13, 2003
A status conference was held on this date in the Chambers of Judge Eldon E. Fallonto
discuss various aspects of the case with counsel. The events of the meeting are
memorialized in the Courts Minute Entry dated January
14, 2003.
January 9, 2003
Mediation sessions will be held on January 13 & 15, 2003 with Court-appointed
mediator, Mr. Patrick A. Juneau. The sessions will begin at 9:00 a.m. and will be held in
the Courtroom of former U.S. District Judge Clement, Room C467 of the United States
Courthouse in New Orleans.
December 23, 2002
Oral arguments were heard on this date in the Courtroom of Judge Eldon E. Fallon to
consider the Plaintiffs Motion to Compel Discovery. The Court DENIED the
plaintiffs motion as set forth in the Courts Minute Entry dated December 23, 2002.
December 12, 2002
A status conference was held on this date in the Chambers of Judge Eldon E. Fallon to
discuss various issues related to this case. The events of this meeting are memorialized
in the Courts Minute Entry dated December 12, 2002.
December 11, 2002
The Oral Arguments previously scheduled for this date on the Plaintiffs Motion to
Compel Discovery have been CONTINUED, and this matter will now be heard on Monday,
December 23, 2002 at 9:30 a.m. in the Courtroom of Judge Eldon E. Fallon.
December 9, 2002
PLC and DLC have informed the Court of the following case data. At the present time
there are approximately 3,800 plaintiffs maintaining wrongful death or personal injury
suits growing out of claims of Propulsid use. Approximately 2,300 of those plaintiffs are
in federal court and approximately 1,500 are in state courts.
December 3, 2002
On December 18, 2002, the parties will meet with Court-appointed mediator Mr. Patrick
A. Juneau for mediation discussions. The session will begin at 9:00 a.m. on that date in
the Courtroom of former U.S. District Judge Clement, Room C467 of the United States
Courthouse in New Orleans.
November 27, 2002
A status conference was held on this date at 3:30 p.m. in the Chambers of Judge Eldon
E. Fallon to discuss the selection of new dates for trials, pretrial, and hearings for the
Louisiana cases previously scheduled for trial in January, 2003. This conference was
scheduled following the November 25, 2002 status conference at which the Court granted the
Plaintiffs Motion for a Continuance. These events are memorialized in the
Courts Order dated November 27, 2002.
The Court also granted the Plaintiffs request for oral arguments on their Motion
to Compel Discovery. Oral arguments on the motion will be heard at 9:00 a.m. on Wednesday,
December 11, 2002 in the Courtroom of Judge Eldon E. Fallon.
November 25, 2002
A pretrial status conference was held on this date in the courtroom of Judge Eldon E.
Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 19 including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena
to BevGlen, third party subpoena duces tecum issued by PSC, the motion for certification
of a nationwide class for medical monitoring, status of and procedure for settlement
negotiations, trial of select cases filed in Louisiana, declassification of sealed
documents, plaintiffs' and defendants' respective requests for production of documents.
The Court also heard oral arguments on the Plaintiffs Motion for a Continuance of
the trials scheduled for January, 2003.
These matters are memorialized in the Courts Minute Entry dated December 2, 2002.
Following that status conference, a later conference was held in the Chambers of Judge
Fallon so the Court could inform counsel of its ruling on the Plaintiffs Motion for
a Continuance. The Court GRANTED the Motion. This ruling is memorialized in the
Courts Minute Entry dated November 25, 2002.
October 30, 2002
Oral arguments were held on this date in the Courtroom of Judge Eldon E. Fallon. The
Court addressed the following motions filed on behalf of the plaintiffs: (1) Motion to
Reconsider Removal of Confidential Documents Produced by the Defendants; and (2) Motion to
Remove Confidential Designation of Certain Depositions (Including Exhibits). The
Courts ruling on these matters is memorialized in the Minute Entry Dated October 30, 2002.
October 18, 2002
The monthly pretrial status conference shall be held at 9:00 a.m. on November 25, 2002
at 9 a.m. in the Courtroom of Judge Eldon E. Fallon.
October 18, 2002
Oral arguments shall be held in the Courtroom of Judge Eldon E. Fallon
on Wednesday, October 30, 2002 at 8:15 a.m. to consider Plaintiffs Motions to
Reconsider and to Declassify Certain Depositions and Exhibits.
October 16, 2002
Mediation discussions will be held on the following dates with Mediator Mr. Patrick
Juneau in the Courtroom of Judge Eldon E. Fallon. The mediation will take place on
Wednesday, October 23 in the Courtroom of Judge Eldon E. Fallon, Room C468 in the United
States Courthouse. On Thursday, October 24, the mediation will take place from 9 a.m.
until 12 noon in the former courtroom of Judge Clement, Room C467 of the United States
Courthouse. The mediation will resume in Judge Fallons courtroom after noon on
October 24 and will take place there as well on Friday, October 25.
October 15, 2002
A pretrial status conference was held on this date in the courtroom of Judge Eldon E.
Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 18 including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena
to BevGlen, third party subpoena duces tecum issued by PSC, the motion for certification
of a nationwide class for medical monitoring, status of and procedure for settlement
negotiations, trial of select cases filed in Louisiana, declassification of sealed
documents, plaintiffs' and defendants' respective requests for production of documents.
These matters are memorialized in the Courts Minute Entry dated October 18, 2002.
September 27, 2002
The Pretrial Status Conference scheduled for Friday, September 27,
2002 is RE-SCHEDULED for TUESDAY, OCTOBER 15, 2002 at 8:00 a.m. in the courtroom of Judge
Eldon E. Fallon.
September 24, 2002
The Pretrial Status Conference scheduled for Friday, September 27,
2002 is CANCELED due to impending hurricane. The new date has yet to be determined.
September 5, 2002
Pursuant to the Courts instructions described in the Minute Entry dated August 28, 2002, counsel has reported that mediation will
occur on the following dates as per the courts Pretrial
Order No. 18:
The parties will begin mediation on September 17, 2002, and will go for a half-day on
September 18, 2002 if necessary.
The parties will submit their position statements to the court-appointed mediator
Patrick Juneau on Friday, September 13, 2002.
The mediator will send out the agenda for the mediation.
A location for the mediation has yet to be determined.
August 23, 2002
A pretrial status conference was held on this date in the courtroom of
Judge Eldon E. Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 17 including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena
to BevGlen, third party subpoena duces tecum issued by PSC, the motion for certification
of a nationwide class for medical monitoring, status of and procedure for settlement
negotiations, trial of select cases filed in Louisiana, declassification of sealed
documents, plaintiffs' and defendants' respective requests for production of documents.
The Court also issued rulings in connection with the following motions:
(a) Motion of Plaintiffs' Steering Committee to Compel Production of Documents
(b) Motion of Defendants Johnson & Johnson Co. and Janssen Pharmaceutica Inc.
to Dismiss with Prejudice the Claims of Plaintiffs for Failure to Furnish a Plaintiff
Profile Form. [Ref: 01-3872, 01-3850, 01-3874, 01-3858, 02-278, 01-2547, 01-2522, 02-592,
02-1216, 00-3494, 02-1215, 02-1243, 02-1214, 02-114, 01-2694, 02-115, 01-2703, 01-2702,
01-2699, 01-2550, 01-2693, 01-2701, and 01-2700]
(c) Motion of Plaintiffs' Steering Committee to Remove Confidential Designation
from Certain Documents Produced by the Defendants
(d) Motion of The Neuro Transmitter and Environmental Testing Foundation and the
Young Hearts Foundation for Entry of a Protective Order pursuant to FRCP 26(c).
(e) Motion of Plaintiffs' Steering Committee to Compel Production of Indemnity
Agreement Documents
These matters are memorialized in this Court's Minute Entry dated August 28, 2002.
The Court also set the following individual claims for trial on the following dates:
(a) January 6 - 10, 2003 - 8:30 a.m. Civil Action No. 00-2577, captioned
Patricia L. Diez, et al. v. Johnson & Johnson, et al. [individual claim of Richard
Joseph Diez, Sr.];
(b) January 13 - 17, 2003 - 8:30 a.m. Civil Action No. 00-282, captioned
Aline Zeno, et al. v. Johnson & Johnson, et al. [individual claim of Samantha Ann
Reed]; and
(c) January 21 - 24, 2003 - 8:30 a.m. Civil Action No. 00-2497, captioned
Ethel White, et al. v. Johnson & Johnson, et al. [individual claim of Ernestine J.
Brock].
July 18, 2002
A pretrial status conference was held on this date in the courtroom of Judge Eldon E.
Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 16 including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena
to BevGlen, third party subpoena duces tecum issued by PSC, the motion for certification
of a nationwide class for medical monitoring, status of and procedure for settlement
negotiations, setting Louisiana filed cases for trial, expedited remand of cases not filed
in Louisiana, deposition procedures, declassification of sealed documents, and plaintiffs'
and defendants' respective requests for production of documents.
These matters are memorialized in this Court's Minute Entry dated July 24, 2002
June 12, 2002
A pretrial status conference was held on this date in the courtroom of Judge Eldon
E. Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 15 including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena
to BevGlen, third party subpoena duces tecum issued by PSC, the motion for certification
of a nationwide class for medical monitoring, status of and procedure for settlement
negotiations, setting Louisiana filed cases for trial, expedited remand of cases not filed
in Louisiana, deposition procedures, declassification of sealed documents, and plaintiffs'
and defendants' respective requests for production of documents.
These matters are memorialized in this Court's Minute Entry dated June 18, 2002.
June 4, 2002
The Court issued an Order and Reasons denying
the Plaintiffs' Steering Committee's motion for certification of a nationwide class action
for medical monitoring under Rule 23(b)(2).
April 10, 2002
Hearing on Plaintiffs' Motion for Class Action Certification was held on this date. A
transcript of the hearing may be purchased by contacting the official court reporter, Toni
Tusa, at (504) 589-7778.
March 19, 2002
A pretrial status conference was held on March 18, 2002 in the chambers of Judge Eldon
E. Fallon. At the conference Liaison Counsel and representatives of the Food and Drug
Administration and BevGlen reported to the Court on several discovery issues as is more
fully described in this Court's Minute Entry dated March 18,
2002.
Also at the conference the Court continued the regularly scheduled monthly status
conference, presently set for Friday, May 24, 2002, at 9:00 a.m., to Friday, May 31, 2002,
at 9:00 a.m. The Court also set a status conference for Monday, March 25, 2002, at 8:30
a.m. at which Liaison Counsel and representatives from the Food and Drug Administration
and BevGlen shall update the Court on outstanding discovery issues.
March 8, 2002
A pretrial status conference was held on March 8, 2002 in the courtroom of Judge Eldon
E. Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 14 including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena
to BevGlen, third party subpoena duces tecum issued by PSC, the motion to enter scheduling
order for class certification, and plaintiffs' and defendants' respective requests for
production of documents.
Also at the conference, the Court set a hearing date of April 3, 2002 for the following
motions: Motion for Suggestion of Remand filed by plaintiffs in Jackson, et al v.
Johnson & Johnson Inc., et al, No. 01-2539; Motion to Amend and for Order to
Remand filed by plaintiffs in Helberg, et al v. Janssen Pharmaceutica, Inc., et al,
No. 01-2510; Motion to Dismiss filed by defendant Forshag's Drug Store in Adams, et al
v. Forshag's Drug Store, Inc., et al, No. 01-1300. See this Court's Minute Entry dated March 8, 2002
January 11, 2001
A pretrial status conference was held on January 11, 2002 in the courtroom of Judge
Eldon E. Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 13 including update of rolling document
and electronic document production, state liaison counsel matters, patient profile form
and authorizations, subpoena to FDA, service list of attorneys, ongoing studies/subpoena
to BevGlen, third party subpoena duces tecum issued by PSC, the motion to enter scheduling
order for class certification, and PSC's petition for an order securing an equitable
allocation of counsel fees and costs for common benefit work.
Also at the conference, Liaison Counsel submitted for approval a revised version of Pretrial Order No. 15, which the Court subsequently
approved. Pretrial Order No. 15 as revised sets forth the
new date of the Class Certification Hearing and related deadlines.
December 19, 2001
The Court heard oral argument on the motion brought by Plaintiff Liaison Counsel
seeking the establishment of a litigation expense fund to compensate and reimburse
attorneys for services performed and expenses incurred for common benefit. The motion was
noticed for hearing on December 19, 2001 at 9:00 am. No opposition was received by the
Court either in writing or orally. After considering the matter, the Court established a
mechanism for creating and administering such a fund which is memorialized in Pretrial Order No. 16.
On this date the Court received reports from the Settlement Committees regarding their
progress on settlement negotiations. In particular, the committees have isolated those
categories of cases which are most amendable to future settlement negotiations. The
Committees will report again to the Court at the next scheduled pretrial status
conference.
November 30, 2001
A pretrial status conference was held on November 30, 2001 in the courtroom of Judge
Eldon E. Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 12 including master complaint/answer,
rolling document and electronic document production, state liaison counsel, patient
profile form and authorizations, subpoena to FDA, service list of attorneys, ongoing
studies/subpoena to BevGlen, third party subpoena duces tecum issued by PSC, the motion to
enter scheduling order for class certification, plaintiffs' and defendants' request for
production of documents, and matters relating to Defendants' Motion for Injunctive Relief.
Also, the Court dismissed with prejudice the claims of several plaintiffs who failed to
furnish Patient Profile Forms.
Following the conference, Liaison Counsel submitted for approval Pretrial Order No. 14, which the Court subsequently
approved. Pretrial Order No. 14 memorializes the
coordination agreement entered into by and between Plaintiffs in the MDL action, numerous
plaintiffs in state court actions and the Defendants respecting matters which are the
subject of Defendants' Motion for Injunctive Relief. A copy of the agreement is attached
to the Order.
In view of the coordination agreement outlined in Pretrial
Order No. 14, the Defendants withdrew their Motion for Injunctive Relief without
prejudice, reserving their right to reurge the Motion in the event coordination is not
functioning.
Finally, the Court met with Liaison Counsel and the appointed Settlement Committees for
both Plaintiffs and Defendants with a view toward establishing a framework for conducting
settlement negotiations. The Committees will report to the Court regarding their progress
on Wednesday, December 19, 2001.
November 27, 2001
A hearing in the matter of the Defendant's Motion for Injunctive Relief was held on
this date. Oral arguments were presented by Russ Herman, Arnold Levin, Chris Seeger, Bill
Colvin, Gene Locks, Dawn Barrios, and Anthony Majestro for the Plaintiffs and by Mary
Catherine Roper, Jim Irwin, and Thomas Campion for the Defendants.
The Court has taken the matter under submission.
November 15, 2001
A preliminary conference to discuss matters concerning the November 27, 2001 hearing on
Defendants' Motion for Injunctive Relief was held this date at 1:30 p.m. in the chambers
of Judge Eldon E. Fallon. See this Court's Minute Entry
dated November 15, 2001 for additional details.
October 29, 2001
A pretrial status conference was held on October 25, 2001 in the courtroom of Judge
Eldon E. Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 11 including master complaint/answer,
rolling document and electronic document production, state liaison counsel, patient
profile form and authorizations, subpoena to FDA, service list of attorneys, ongoing
studies/subpoena to BevGlen, third party subpoena duces tecum issued by PSC, scheduling
order for motion and hearing date for class certification, plaintiffs' and defendants'
request for production of documents, settlement negotiations, and coordination matters
relating to Defendants' Motion for Injunctive Relief. Also, the Court dismissed with
prejudice the claims of several plaintiffs who failed to furnish Patient Profile Forms.
Rulings of the Court are recorded in the Minute Entry of
October 29, 2001.
October 9, 2001
On this date defendants Johnson & Johnson and Janssen Pharmaceutica, Inc. filed
with this Court a Motion for Injunction requesting this Court to enjoin parallel state
court proceedings against said defendants. This motion will be heard on Thursday, November
15, 2001 at 10:00 a.m. with oral argument. All counsel in attendance must sign in by 9:30
a.m. Additionally, the following dates are set relative to this motion:
Friday, November 2, 2001 at 5:00 p.m.- Memorandums in Opposition due.
Friday, November 9, 2001 at 5:00 p.m. - Defendants' Reply Memorandum due.
Tuesday, November 13, 2001 at 1:30 p.m. - Preliminary Conference to be
held in chambers for those counsel (or their designated representative) who will argue the
motion before the Court on the hearing date.
See Minute Entry of October 11, 2001
October 5, 2001
On this date Plaintiffs filed with this Court the Master
Class Action Complaint.
September 28, 2001
A pretrial status conference was held on September 28, 2001 in the courtroom of Judge
Eldon E. Fallon.
At the conference the Court considered issues raised by Liaison Counsel in their Joint Report No. 10 including master complaint/answer,
rolling document and electronic document production, electronic service, state liaison
counsel, patient profile form and authorizations, subpoena to FDA, service list of
attorneys, ongoing studies/subpoena to BevGlen, third party subpoena duces tecum issued by
PSC, scheduling order for motion and hearing date for class certification, plaintiffs' and
defendants' request for production of documents, and modification of Pre-Trial Order No.9. Rulings of the Court are recorded in
the Minute Entry of September 28, 2001.
August 23, 2001
The Court issued Pretrial Order No. 12 which
establishes a uniform certificate of service.
August 3, 2001
A pretrial status conference was held on August 3, 2001 in the courtroom of Judge
Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 9 including master complaint/answer,
rolling document and electronic document production, electronic service, state liaison
counsel, plaintiff profile forms and authorizations, subpoena to FDA, service list of
attorneys, ongoing studies, third party subpoena duces tecum issued by PSC, scheduling
presentation of class certification motion, tolling agreements, and plaintiffs' and
defendants' request for production of documents. Rulings of the Court are recorded in the Minute Entry of August 3, 2001.
Following the conference, the Court met separately with counsel for the Defendants, members
of the Plaintiffs' State Liaison Committee, and members of the Plaintiffs' Steering
Committee
June 21, 2001
A pretrial status conference was held on June 21, 2001 in the courtroom of Judge Eldon
E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 8 including master complaint/answer,
rolling document and electronic document production, electronic service, state liaison
counsel, depositions regarding corporate organization, plaintiff profile forms and
authorizations, deposition in state matters that have been cross noticed, subpoena to FDA,
service list of attorneys, defendants liaison and lead counsel, ongoing studies, third
party subpoena duces tecum issued by PSC, scheduling presentation of class certification
motion, sealed documents, tolling agreements, defendants' request for production of
documents, listing of state cases, internet depositions, cross claims/answers, discovery
to consumer plaintiffs, and uniform service certificate. Rulings of the Court are recorded
in the Minute Entry of June 21, 2001.
May 17, 2001
A pretrial status conference was held on May 17, 2001 in the courtroom of Judge Eldon
E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 7 including creation of a virtual document
depository, master complaint/answer, rolling document and electronic document production,
electronic service, state liaison counsel, depositions regarding corporate organization,
plaintiff profile forms and authorizations, deposition in state matters that have been
cross noticed, subpoena to FDA, plaintiffs' time and billing matters, service list of
attorneys, defendants liaison and lead counsel, ongoing studies, third party subpoena
duces tecum issued by PSC, scheduling presentation of class certification motion, and
tolling agreements. Rulings of the Court are recorded in the Minute
Entry of May 17, 2001.
April 19, 2001
Following the pretrial status conference, the Court heard argument from counsel on
Plaintiffs' motions to strike objections to discovery and to compel production of
documents from entities under the control of defendants Johnson & Johnson and Janssen
Pharmaceutica. The Court denied Plaintiffs' motions. The reasons orally assigned for the
Court's ruling at the conference are detailed in the attachment to the Minute Entry of May 11, 2001.
The Court issued Pretrial Order No. 10 which establishes
the protocol for the production and preservation of defendants' electronic data.
A pretrial status conference was held on April 19, 2001 in the courtroom of Judge Eldon E.
Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 6 including creation of a virtual document
depository, plaintiff profile forms and authorizations, master complaint/answer, rolling
document production, electronic service, state liaison counsel, electronic document
production and preservation, depositions regarding corporate organization, deposition in
state matters that have been cross noticed, subpoena to FDA, plaintiffs' time and billing
matters, service list of attorneys, and defendants liaison and lead counsel. Rulings of
the Court are recorded in the Minute Entry of April 19, 2001.
March 16, 2001
A pretrial status conference was held on March 15, 2001 in the courtroom of Judge Eldon
E. Fallon.
At the conference, the Court considered issues raised by
Liaison Counsel in their Joint Report No. 5 including
creation of a virtual document depository, plaintiff profile forms and authorizations,
master complaint/answer, rolling document production, electronic service, state liaison
counsel, electronic document production and preservation, depositions regarding corporate
organization. Rulings of the Court are recorded in the Minute
Entry of March 15, 2001.
February 21, 2001
A pretrial status conference was held on February 20, 2001 in the
courtroom of Judge Eldon E. Fallon. At the conference, the Court considered issues
raised by Liaison Counsel in their Joint Report No. 4
including creation of a virtual document depository, plaintiff profile forms, master
complaint/answer, rolling document production, electronic service, state liaison counsel,
cross-noticed MIS depositions, electronic document production, depositions regarding
corporate organization, response to document request to defendants, plaintiffs' counsel
cost and time reports, submission of confidential documents, preservation of electronic
data, and statistics. Rulings of the Court are recorded in the Minute Entry of February 20, 2001.
January 31, 2001
The Court issued Pretrial Order No. 9 which established
the protocol for dealing with the Patient Profile Form and
the Authorizations concerning access to medical and related records. This form and
authorizations are contained in this website and may be obtained from the Forms page.
January 18, 2001
A pretrial status conference was held on January 18, 2001 in the courtroom of Judge
Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 3 including creation of a virtual document
depository, plaintiff profile forms, master complaint/answer, rolling document production,
electronic service, state liaison counsel, cross-noticed MIS depositions, electronic
document production, depositions regarding corporate organization, response to document
request to defendants, state coordination, and document production protocol. Rulings of
the Court are recorded in the Minute Entry of January 18,
2001.
The Court also issued Pretrial Order No. 8 which
establishes the protocol for transferring documents that currently exist in hard copy
format into electronic format.
December 26, 2000
The Court denied Defendants' motion to require disclosure of documents ten days prior
to depositions in its Minute Entry of December 26, 2000.
A pretrial status conference was held on December 20, 2000 in the courtroom of Judge
Eldon E. Fallon.
At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 2 including document production protocol,
state liaison counsel, service of pleadings, service of pleadings between liaison counsel,
and disclosure of documents for depositions. Rulings of the Court are recorded in
the Minute Entry of December 20, 2000.
December 8, 2000
The parties heard presentations from vendors concerning the creation of a virtual
document depository.
December 7, 2000
The Court issued Pretrial Order No. 7 concerning
guidelines for taking depositions.
The Court granted a joint order concerning the destruction of inventory.
The parties heard presentations from vendors concerning the creation of a virtual
document depository.
December 6, 2000
The Court issued Pretrial Order No. 6 concerning the
authentication of documents.
The Court has issued Pretrial Order No. 5 which
addresses the scope of confidentiality of discovered information.
November 29, 2000
A status conference for liaison counsel was held in Chambers on November 28, 2000.
The pretrial status conference scheduled for December 21, 2000 was rescheduled
to December 20, 2000 at 10:00 a.m.
The Court directed counsel to confer and select the format and coding to be used for
document production.
Liaison counsel will meet with selected vendors on December 7 and 8 to
choose a vendor to create the virtual document depository.
The Clerk of Court will no longer provide hard copies of pretrial orders. Counsel may
obtain all pretrial orders from this website.
November 22, 2000
The Court approved the Joint Motion of Plaintiffs' and Defendants' Liaison Counsel
Regarding Electronic Service and entered Pretrial Order No. 4 (Electronic Service).
November 21, 2000
The deadline for the PSC to submit a list of proposed candidates for the State Liaison
Committee is November 27, 2000.
The deadline for submitting a proposed Confidentiality Order is extended to November
27, 2000.
The deadline for filing an Order Regarding Electronic Service is November 21,
2000.
November 16, 2000
A pretrial status conference was held on November 16, 2000 in the courtroom of Judge
Eldon E. Fallon.
Future pretrial status conferences will be held on the third Thursday of each
month at 2:00 p.m. in the chambers of Judge Eldon E. Fallon. The next pretrial
status conference will be held on December 20, 2000 at 10:00 a.m.
The Court will appoint a State Liaison Committee consisting of counsel who represent
coordinate state proceedings involved in this litigation. Members of the State Liaison
Committee or their designees may attend future pretrial status conferences.
The PSC is authorized to arrange with Verilaw Technologies, Inc. for the creation of an electronic service system as well as
other related systems for information technology.
The Court indicated that it would construct its own website concerning this litigation.
A status conference between Liaison Counsel and the Court to discuss the development of
a virtual document depository will be held in chambers on Tuesday, November 28,
2000, at 8:30 a.m.
The parties shall report to the Court on the feasibility of creating a master complaint
and corresponding master answer at the next pretrial status conference on December
20, 2000.
The parties expressed disagreement over whether documents to be used during depositions
should be disclosed to the deponent in advance of the deposition. The Court will consider
the arguments raised in briefs submitted by counsel and rule on the issue prior to the
December 21, 2000 pretrial status conference.
The parties shall submit to the Court by November 27, 2000 a
confidentiality order to be used during this multidistrict litigation.
The parties shall submit a stipulation regarding authentication (FRE 901) and hearsay
(FRE 803(6)) to the Court by November 28, 2000.
By November 28, 2000, the parties shall submit a stipulation
establishing guidelines to be followed in depositions.
Defendants indicated that they would voluntarily produce employee-witnesses, both
foreign and domestic, and that subpoenas would not be necessary. Counsel shall confer to
determine a mutually acceptable date, time, and location for the depositions.
The PSC shall submit its first filing of Plaintiffs= time and expense records on December
15, 2000, rather than November 15, 2000, as set forth in previous pretrial
orders.
The Court will issue an order requiring Plaintiffs or their counsel to complete Verilaw
Questionnaires which set forth accurate addresses and other relevant information
concerning Plaintiffs, as well as their preferred medium for receiving information, e.g.
email and facsimile. Should a Plaintiff or counsel fail to complete the questionnaire and
return it to Plaintiffs= Liaison Counsel within one week of receipt, the Court indicated
that it will dismiss the Plaintiff=s claim absent a showing of good cause.
The PSC shall respond to Defense counsel=s proposed fact sheet by December 11,
2000.
October 23, 2000
Pursuant to Pretrial Order No. 2, the Court received numerous applications/nominations for the
Plaintiff's Steering Committee (PSC).
In Pretrial
Order No. 3, the Court appointed the following
members to the PSC: Daniel Becnel, Wendell Gauthier, Russ Herman, Arnold Levin, Stephen
Murray, J. Michael Papantonio, Christopher Seeger, Bob Wright, and Charles Zimmerman.
No later than Wednesday, November 15, 2000, the PSC shall meet and
select three of its members including Plaintiff's Liaison Counsel to serve as an Executive
Committee.
The next status conference to be attended by all members of the PSC and Defendants'
Liaison and Lead Counsel will be held on Thursday, November 16, 2000 at 1:30 p.m.
in Judge Eldon E. Fallon's Courtroom, 500 Camp Street, New
Orleans, Louisiana. Counsel shall comply with
paragraph XV of Pretrial Order No. 2.
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