United States District Court, D. Massachusetts
IN RE ZOFRAN (ONDANSETRON) PRODUCTS LIABILITY LITIGATION This Document Relates To: All Actions
ORDER CONCERNING FURTHER SEQUENCING OF DISCOVERY AND
Dennis Saylor IV United States District Judge.
order is intended to address the further sequencing of fact
discovery and to set deadlines for expert discovery, motions
to exclude or limit expert discovery, and motions for summary
judgment based on preemption. The order shall apply to all
cases in this MDL proceeding, and may be revised or
supplemented from time to time. This order is intended to be
interpreted with such reasonable degree of flexibility and
common sense as may be necessary to avoid undue inconvenience
Order No. 19, issued November 10, 2016, the Court ordered
that discovery would consist of five phases (although those
phases would overlap, at least in part). The five phases were
Phase 1: production of fact sheets and related information.
Phase 2: discovery as to the storage and organization by
defendant of electronically stored information;
defendant's organizational structure and personnel;
discovery as to general causation issues; and discovery as to
potential federal preemption.
Phase 3: discovery as to general causation and preemption
Phase 4: discovery as to other potential issues generally
relevant to liability.
Phase 5: discovery as to any remaining issues, including
individual causation, product identification, and damages.
has proceeded under the first four phases in accordance with
that order. The parties have represented that discovery as to
Phases 2, 3 and 4 is nearly complete, and should be completed
by June 29, 2018, other than supplementation of responses as
may be appropriate.
Phases 2, 3 and 4 Discovery.
Discovery as to Phases 2, 3 and 4 shall conclude on June 29,
2018, except as set forth in this order.
shall complete its production of Phase 4 documents in
response to the Court's October 24, 2017, Order by May
Additional discovery concerning Phases 2, 3 or 4 may proceed
after June 29, 2018, only by agreement of the parties or ...