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In re Zofran (Ondansetron) Products Liability Litigation

United States District Court, D. Massachusetts

May 17, 2018

IN RE ZOFRAN (ONDANSETRON) PRODUCTS LIABILITY LITIGATION This Document Relates To: All Actions

          ORDER CONCERNING FURTHER SEQUENCING OF DISCOVERY AND MOTION PRACTICE

          F. Dennis Saylor IV United States District Judge.

         This 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 and expense.

         1. Background.

         In MDL 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 as follows:

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 issues.
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.

         Discovery 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.

         2. Phases 2, 3 and 4 Discovery.

         A. Discovery as to Phases 2, 3 and 4 shall conclude on June 29, 2018, except as set forth in this order.

         B. GSK shall complete its production of Phase 4 documents in response to the Court's October 24, 2017, Order by May 28, 2018.

         C. Additional discovery concerning Phases 2, 3 or 4 may proceed after June 29, 2018, only by agreement of the parties or ...


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