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3M Products Liability Litigation, MDL No. 2885 Orders By Date
Title | ||
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October 18, 2023 | Order on Fairness Hearing and Exhibits |
The Fairness Hearing will be held on December 11, 2023 at 9:00 a.m. (CST), in the Fifth Floor Courtroom at the United States District Courthouse in Pensacola, Florida. |
October 14, 2023 | Order on Scammer Activity |
It has been reported to the Court that claimants in this litigation have received phone calls from bad actors posing as the Settlement Administrator, ARCHER Systems, LLC, and requesting that the claimants verify sensitive personal information, such as Social Security Numbers and Dates of Birth in order to confirm participation in the settlement. Claimants are hereby notified that THIS IS A SCAM, and the Federal Bureau of Investigation has been notified of the attempted fraud/identity theft. |
September 05, 2023 | Order |
Zoom and AT&T Conferencing instructions for the Case Management Conference on September 8, 2023 at 9 a.m. (CDT) |
August 29, 2023 | Case Management Order No. 57 (Ongoing Litigation Against Defendants) |
Outlines the requirements for any ongoing litigation against Defendants. This Order requires all Litigating Plaintiffs to produce certain specified information regarding their claim(s) and provides deadlines to meet certain requirements relating to product use, alleged injury, causation, time-based defenses, and related dispositive motion practice, prior to any further supplemental discovery. |
August 29, 2023 | Case Management Order No. 58 (Settlement Implementation Order—Applies to All Eligible Claimants) |
Sets forth the general requirements for Eligible Claimants who wish to participate in the Settlement and be bound by the MSA. |
August 29, 2023 | Case Management Order No. 59 (Docketing Procedures for MSA Eligible Claimants and Administrative Docket Tolling Clarification) |
Sets forth the applicable docketing procedures going forward and clarifies the tolling provision in Administrative Docket Order No. 1. |
August 29, 2023 | Case Management Order No. 60 (Identification Order & Declarations) |
Requires all CAE Counsel for all Eligible Claimants for which they are Primary Counsel and all Eligible Pro Se Claimants to provide information to the Court in the format set forth below by no later than September 12th (the “Reference Date” in the MSA), regardless of intent to participate in the Settlement Program. |
August 29, 2023 | Case Management Order No. 61 (Third-Party Litigation Funding) |
Addresses disclosures related to third-party litigation funding agreements entered into by CAE Claimants. |
August 29, 2023 | Appointment Order (Settlement Administrator, Settlement Allocation Master, and EIF Special Master) |
Order appointing ARCHER Systems, LLC as Settlement Administrator, Matt Garretson as Settlement Allocation Master, and J. Christopher Klotz as EIF Special Master. |
August 29, 2023 | Appointment Order (Settlement Data Administrator) |
Order appointing BrownGreer PLC as Settlement Data Administrator. |
August 29, 2023 | Appointment Order (Settlement Special Master) |
Order appointing John W. Perry, Jr. as Settlement Special Master |
July 12, 2021 | Case Management Order No. 20 |
Early vetting committee update; additional pretrial deadlines for Taylor trial; Blum trial; proposed consolidation of Taylor and Adkins trials; January consolidated trial of Hensley, Sloan, and Wayman; Post-judgment interest and appeals in Estes, Hacker, Keefer, and Baker case; Group C & D schedules; Vietas deposition; Future trials. |
July 02, 2021 | HSW Consolidation Order |
Order consolidating Hensley, Sloan, and Wayman for trial in January 2022. |
June 28, 2021 | Order Rescheduling 20th CMC |
Order rescheduling 20th CMC to begin at 8:30AM on Friday July 9. |
June 14, 2021 | Order |
Order Setting 20th CMC for July 9 |
June 03, 2021 | Order Setting Trial and Pretrial Schedule - Blum |
Bellwether Plaintiff Michelle Blum's trial will begin October 18, 2021 and conclude by Friday, October 29, 2021. A pretrial conference will be held on October 7, 2021, beginning at 8:30AM. The attorney's conference required by paragraph III must be held no later than September 3, 2021. The pretrial stipulation and other papers required by paragraphs IV and V must be filed no later than September 13, 2021. Motions in limine regarding evidentiary matters known to counsel or those that should be reasonably anticipated must be filed no later than September 13, 2021, with responsive memoranda due within five (5) calendar days. Signed by JUDGE M CASEY RODGERS on 6/3/2021. |
June 03, 2021 | Order Setting Trial and Pretrial Schedule - Taylor |
Bellwether Plaintiff Joseph Taylor's trial will begin September 20, 2021 and conclude by Friday, October 1, 2021. A pretrial conference will be held on September 3, 2021, beginning at 8:30AM. The attorney's conference required by paragraph III must be held no later than July 30, 2021. The pretrial stipulation and other papers required by paragraphs IV and V must be filed no later than August 16, 2021. Motions in limine regarding evidentiary matters known to counsel or those that should be reasonably anticipated must be filed no later than August 16, 2021, with responsive memoranda due within five (5) calendar days. |
May 28, 2021 | Pretrial Order No. 78 |
Juror Questionnaires in Baker |
May 28, 2021 | Pretrial Order No. 79 |
Trial Time Allocation in Baker |
May 26, 2021 | Pretrial Order No. 77 |
Plaintiff Leadership Reappointments |
May 02, 2021 | Pretrial Order No. 75 |
Trial Time Allocation in McCombs |
May 02, 2021 | Pretrial Order No. 76 |
Juror Questionnaires in McCombs |
April 09, 2021 | Pretrial Order No. 74 |
Motions in Limine in Baker and McCombs cases |
April 07, 2021 | Pretrial Order No. 73 |
Plaintiff Leadership Reappointments |
March 20, 2021 | Pretrial Order No. 72 |
Juror Questionnaires for first bellwether trial |
February 24, 2021 | Pretrial Order No. 71 |
Pretrial schedule with deadlines for exchanging exhibit lists, witness lists, and depo designations in the Baker and McCombs cases. |
February 24, 2021 | Order Setting Trial and Pretrial Schedule in Baker and McCombs |
Sets forth pretrial deadlines and trial procedures in the Baker and McCombs cases. |
February 22, 2021 | Pretrial Order No. 70 |
Amended Discovery and Pretrial Schedule for Groups B, C, and D |
February 17, 2021 | Common Benefit Order No. 3 and Exhibit A |
Participation Agreement (attached as Ex. A); Litigation Fee and Expense Funds; Assessment Distributions |
February 13, 2021 | Pretrial Order No. 69 |
Motions in Limine |
February 04, 2021 | Pretrial Order No. 66 |
Deadlines for Witness Lists and Deposition Designations for First Group A Bellwether Trial |
February 04, 2021 | Pretrial Order No. 67 |
Deadlines for Exhibit Lists for First Group A Bellwether Trial |
February 04, 2021 | Pretrial Order No. 68 |
Bifurcated pretrial conferences and amendment to Order Setting Trial extending March pretrial conference to March 15-19, 2021 |
February 03, 2021 | Pretrial Order No. 65 |
Amendment to PTO 64 re: Objections |
January 29, 2021 | Pretrial Order No. 64 |
Trial Time Allocation for the First Bellwether Trial |
January 29, 2021 | Order Amending Order Setting Trial and Pretrial Schedule |
Amends Order Setting Trial and Pretrial Schedule with new dates for the start of jury deliberations and for the pretrial conference in the McCombs and Baker cases |
January 25, 2021 | Case Management Order No. 19 |
Pretrial matters for the first, second and third bellwether trials; suspending deadlines for Groups B and C |
January 25, 2021 | Order Setting Trial and Pretrial Schedule and Exhibit A |
Sets forth pretrial deadlines and trial procedures for the first bellwether trial. All dates in this Order supersede all previously-set dates or deadlines. |
January 15, 2021 | Pretrial Order No. 63 |
Requires parties to meet and confer with Judge Herndon and make a good faith effort to resolve any further disputes, including motions in limine, before filing a motion with the Court. |
December 31, 2020 | Pretrial Order No. 62 |
Amends Group D deadlines in PTO 46 |
December 31, 2020 | Order |
Order requiring Trial Groups B, C, and D Plaintiffs to supplement ESI production 90 days before their respective trials |
December 21, 2020 | Pretrial Order No. 61 |
Amends remaining expert deadlines in PTO 46 for Group B |
December 01, 2020 | Pretrial Order No. 60 |
Expert Deposition Protocol for Trial Group A |
November 24, 2020 | Case Management Order No. 18 |
Updates on pending motions related to Government discovery; stipulations with the Government on supplemental productions; other government discovery issues; Group A Consolidation Briefing schedule; Group A Expert Deposition Schedule; supplemental ESI production for Group A; sequencing of Defense Medical Exams for Groups C and D |
November 06, 2020 | Pretrial Order No. 59 |
Protocol for Case Specific Depositions for Trial Groups B, C, and D |
November 02, 2020 | Pretrial Order No. 57 |
Amends PTO 22 to include procedure for requesting reinstatement of a previously dismissed case. |
November 02, 2020 | Pretrial Order No. 58 |
Amends PTO 50 to provide further instruction regarding subpoenas issued for Government witness depositions |
October 28, 2020 | Case Management Order No. 17 |
Scheduling depositions of witnesses subject to motions to quash; updated productions of records from VA; Bellwether discovery issues including Defense Medical Exams, limit on number of depositions, sales representative discovery, and timing of expert depositions; choice of law hearing parameters; request for briefing schedule regarding consolidation of Group A cases. |
October 20, 2020 | Pretrial Order No. 56 |
Medical Examinations of Plaintiffs in Group A Cases |
October 05, 2020 | Pretrial Order No. 55 |
Choice of law briefing and hearing schedule. |
October 02, 2020 | Pretrial Order No. 54 |
Amends Pretrial Order No. 46 with deadlines for Motions to Compel and Responses for Trial Groups C and D, and also amends the deadline to complete Plaintiffs’ depositions in Trial Group D by January 30, 2021. |
September 29, 2020 | Case Management Order No. 16 |
Government subpoenas, motions to quash, and motions to transfer update; Instruction regarding independent records collection from the government; TAR training process complete; Stipulations to narrow the scope of case specific bellwether depositions and Defense Medical Exams; Additional written discovery not permitted; Choice of law briefing schedule and Motion to Compel Discovery for Trial Groups C and D schedule requested; Update on Minnesota cases. |
September 21, 2020 | Pretrial Order No. 53 |
Amends Pretrial Order No. 43 to extend expert disclosure and rebuttal reports deadlines by one week |
September 01, 2020 | Case Management Order No. 15 |
Joint agenda to be posted on 3M MDL website; Court's expectations regarding individual counsel for bellwether plaintiffs; Choice of Law Committee and chart; Depositions of Government witnesses live calendar; Document stipulations to narrow scope of case-specific bellwether depositions; Other discovery matters |
August 27, 2020 | Pretrial Order No. 52 |
Case-Specific Deposition Protocol for Trial Group A |
August 20, 2020 | Pretrial Order No. 49 |
Amends the 14-day review period set forth in Pretrial Order Nos. 25 and 39 for the production of VA records to a 28-day review period |
August 20, 2020 | Pretrial Order No. 50 |
Amends Pretrial Order No. 13 by requiring the parties to issue subpoenas for any Government witness deposition and any Government documents, pursuant to FRCP 45 |
August 19, 2020 | Pretrial Order No. 47 |
Initial deadlines for new initial bellwether cases |
August 19, 2020 | Pretrial Order No. 48 |
Amends the discovery schedule for Trial Groups B, C, and D as set forth in Pretrial Order No. 46 |
July 31, 2020 | Pretrial Order No. 46 |
Discovery and Pretrial Schedule for Trial Groups B, C, and D |
July 31, 2020 | Case Management Order No. 14 |
Deposition Scheduling; Choice of Law Committee; Outstanding Company Discovery including 30b6 deposition dispute, additional custodians, and Defendants’ net worth; Trial Group B, C, and D schedule; Trial Group B Written Discovery; Trial Group A counsel appearances at next CMC |
July 28, 2020 | Pretrial Order No. 45 |
New initial bellwether cases to replace removed Plaintiffs |
July 15, 2020 | Pretrial Order No. 44 |
Supplemental TAR Protocol |
July 09, 2020 | Order |
Second Science Day Parameters |
June 30, 2020 | Order |
Order Expediting the Authorization and Release of Protected Information Relating to Individual Plaintiffs. |
June 29, 2020 | Pretrial Order No. 43 |
Amended Discovery and Trial Schedule for Trial Group A Cases |
June 29, 2020 | Case Management Order No. 13 |
Bellwether Plaintiffs Lonnie Burgus and Sigifredo Garcia; Discovery and Trial Schedule for Trial Group A; Outstanding Discovery including Government Discovery, Depositions, Written Discovery, and the TAR Protocol; Choice of Law Committee; Science Day on Ototoxic Medications; Upcoming Case Management Conferences |
June 11, 2020 | Pretrial Order No. 42 |
Plaintiffs’ discovery obligations regarding electronically stored information relevant to the Bellwether Plaintiffs |
June 03, 2020 | Pretrial Order No. 41 |
Joint Coordination Order Relating to Minnesota Actions |
June 02, 2020 | Pretrial Order No. 40 |
Amends the discovery and trial schedule set forth in Pretrial No. 28 for the initial bellwether cases. |
June 02, 2020 | Case Management Order No. 12 |
Federal-state court coordination order; Earplugs and wallet card samples; Government discovery; Corporate discovery; Bellwether cases; Oral arguments on cross-motions for summary judgment; Upcoming case management conferences |
June 01, 2020 | Pretrial Order No. 39 |
Amendments to Pretrial Order No. 25 regarding the manner in which the parties may obtain, review, share, and use certain confidential records produced by the Department of Veterans Affairs |
May 29, 2020 | Order of Appointment |
Ellen K. Reisman appointed as Special Master |
May 17, 2020 | Pretrial Order No. 38 |
Amended Plaintiff Leadership Reappointments |
May 13, 2020 | Pretrial Order No. 35 |
Remote Depositions |
April 29, 2020 | Case Management Order No. 11 |
Remote depositions; State court coordination order; Earplug and Wallet Card Samples; Case management conferences through end of 2020 |
April 28, 2020 | Pretrial Order No. 34 |
Changes in Firms or Representation |
April 14, 2020 | Case Management Order No. 10 |
April CMC will be telephonic; July CMC moved to July 29, 2020; Defendants may file consolidated response to new remand motions; Health care authorizations; Simultaneous briefing on remote depositions by April 17, 2020 |
March 18, 2020 | Pretrial Order No. 31 |
Plaintiff Leadership Reappointment Process |
March 06, 2020 | Order |
Judge David Herndon’s Special Master role is expanded |
February 27, 2020 | Pretrial Order No. 29 |
Initial Bellwether Cases; Lexecon waivers due from both sides within 14 days after administrative cases transferred to MDL docket |
February 26, 2020 | Case Management Order No. 9 |
Schedules case management conferences through December 2020 |
February 25, 2020 | Pretrial Order No. 28 |
Discovery & Trial Schedule for Initial Bellwether Cases |
February 25, 2020 | Case Management Order No. 8 |
VA discovery update; Parties may move for leave to file motion for summary judgment on federal government contractor defense in an individual case if additional evidence is discovered after April 1, 2020 |
February 13, 2020 | Pretrial Order No. 27 |
Suspension of initial census deadlines (applies to ALL cases) |
February 11, 2020 | Pretrial Order No. 26 |
Briefing schedule for affirmative defenses; Initial bellwether process; Bellwether trials will be randomly selected in four pools of five cases each |
February 05, 2020 | Pretrial Order No. 25 |
Confidentiality of certain medical information (38 U.S.C. § 7332) |
January 21, 2020 | Pretrial Order No. 23 |
Bellwether Selection Protocol |
January 21, 2020 | Case Management Order No. 7 |
Bellwether process; Phase 1 and expert discovery; Upcoming CMCs |
January 09, 2020 | Common Benefit Order No. 2 |
Appoints Randy Sansom, CPA, as Plaintiffs’ Common Benefit Special Master (and removes Ellen Reisman) and amends Common Benefit Order No. 1 |
January 07, 2020 | Pretrial Order No. 22 |
Replaces and supersedes Pretrial Order Nos. 20 and 21 regarding the administrative docket |
November 25, 2019 | Case Management Orer No. 6 |
Initial census deadlines suspended; Government discovery; Phase 1 dispositive motions; Additional discovery issues; Bellwether protocol; Lien resolution; Upcoming case management conferences |
November 19, 2019 | Order |
Case management conferences scheduled through May 2020 |
October 22, 2019 | Pretrial Order No. 18 |
Initial case census requirements |
October 16, 2019 | Pretrial Order No. 17 |
Order Governing Adoption of Master Complaint and Short Form Complaint for Filed Cases |
October 15, 2019 | Order of Appointment |
Judge David Herndon appointed as a Special Master |
October 15, 2019 | Pretrial Order No. 16 |
Multi-Plaintiff Actions |
October 03, 2019 | Case Management Order No. 5 |
Master pleadings; Census/tolling; Discovery; Discovery master; Motions to remand; Multi-plaintiff actions; Confidentiality |
August 27, 2019 | Case Management Order No.4 |
Discovery updates; Census/Tolling; Upcoming case management conferences |
August 19, 2019 | Pretrial Order No. 15 |
Order regarding Service of Discovery Requests, Responses and Related Documents through MDL Centrality |
August 09, 2019 | Pretrial Order No. 14 |
Science Day Agenda |
July 30, 2019 | Pretrial Order No. 13 |
Deposition Protocol |
July 29, 2019 | Case Management Order No.3 |
Science Day and 4th Case Management Conference; Depositions from the Moldex Cases; 30(b)(6) Depositions; TAR & Plaintiffs’ Document Requests; Deposition Protocol |
July 19, 2019 | Order of Appointment |
BrownGreer PLC appointed to serve as electronic platform firm for this litigation. |
July 12, 2019 | Common Benefit Order No. 1 |
Preliminary procedures and guidelines for attorney applications for payment of common benefit fees and/or expenses |
July 01, 2019 | Pretrial Order No. 12 |
Protocol relating to the use of Technology Assisted Review (“TAR Protocol”) |
June 20, 2019 | Pretrial Order No.11 |
Defense Leadership Appointments |
June 20, 2019 | Case Management Order No.2 |
Pleadings issues; Stay of discovery lifted; Phase 1 Discovery Schedule; Deposition Protocol; Class issues; Schedule for case management conferences; Biweekly calls with leadership counsel |
June 17, 2019 | Pretrial Order No. 8 |
Joint Stipulated Order for Preservation of Documents and Electronically Stored Information |
June 17, 2019 | Pretrial Order No. 9 |
Stipulated Order Governing Confidentiality and Privilege |
June 17, 2019 | Pretrial Order No. 10 |
Order Governing Production of Documents and Electronically Stored Information |
June 09, 2019 | Order - Science Day |
The Science Day proceeding is scheduled for Monday, August 26, 2019 at 9:00 a.m. (Central). |
May 28, 2019 | Order of Appointment |
Appoints Ellen Reisman as Plaintiffs’ Common Benefit Special Master and Randy Sansom as CPA |
May 24, 2019 | Order |
Science & Technology Day cancelled; Technology presentations incorporated into the Rule 16/case management conference on June 17, 2019. |
May 22, 2019 | Pretrial Order No. 7 |
Plaintiff leadership appointments |
May 08, 2019 | Pretrial Order No. 6 |
Plaintiff leadership presentations |
May 06, 2019 | Pretrial Order No. 5 |
Procedures for direct filing. |
April 23, 2019 | Case Management Order No. 1 |
Pro hac vice admission; Direct filing; Multi-plaintiff actions; Motions to certify class; Touhy presentation; Rule 26(f) conference; Rule 16 conference; Science & Technology Day; Court contacts; Website |
April 19, 2019 | Pretrial Order No. 4 |
Schedule and procedure for appointing the plaintiff leadership structure; Application for plaintiff leadership position |
April 09, 2019 | Pretrial Order No. 3 |
Master and individual dockets; Electronic filing; Attorney Admission; Notices of Appearance; Service of Process |
April 05, 2019 | Pretrial Order No. 2 |
Consolidation; Setting initial case management conference; Appointment of interim lead and liaison counsel; Extension of time for Defendants to respond to complaint(s); Stay of discovery; Misc. administrative matters |
April 05, 2019 | Pretrial Order No. 1 |
Magistrate Judge Gary R. Jones assigned to the litigation. |
April 03, 2019 | Transfer Order from the JPML |
Order from the Judicial Panel on Multidistrict Litigation, transferring this case to the Northern District of Florida. |