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In re Zofran (Ondansetron) Products Liability Litigation

United States District Court, D. Massachusetts

October 9, 2018

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

          ORDER SUPPLEMENTING MDL ORDER NO. 25

          F. DENNIS SAYLOR IV DATED UNITED STATES DISTRICT JUDGE

         This order supplements and modifies the terms of MDL Order No. 25 concerning Phase 5 discovery and Lexecon waivers.

         1. Phase 5 Initial Trial Selection Pool.

         The 16 cases referred to in MDL Order No. 25 are to be divided equally into two groups of eight for purposes of Phase 5 discovery.

         a. Group 1.

         Group 1 shall consist of four cases to be chosen by plaintiffs' counsel within two business days of the entry of this order and the four cases that remain following plaintiffs' dismissals (Hulbert, Kirksey, Sims, and Warren). The Phase 5 discovery deadline is extended for the eight cases in Group 1 from October 31, 2018, to January 4, 2019.

         b. Group 2.

         Group 2 shall consist of the four cases identified by plaintiffs' counsel on July 2, 2018, but not included in Group 1, and four replacement cases to be chosen by GSK in accordance with this order and MDL Order No. 25. The Phase 5 discovery deadline is extended for the eight cases in Group 2 from October 31, 2018, to February 28, 2019.

         2. Phase 5 Dismissals and Replacements.

         For any defense Phase 5 selection, the following procedure shall be followed:

         a. After entry of this Order, GSK shall replace any cases within ten days of (1) being informed by plaintiffs' counsel of record that they intend to voluntarily dismiss the case or (2) the filing of a motion by plaintiffs' counsel to withdraw.

         b. If plaintiffs' counsel have notified GSK prior to this order that they intend to voluntarily dismiss cases selected by the defense in Phase 5, or have moved to withdraw as counsel, GSK shall notify plaintiffs by October 19, 2018, of replacement cases for those cases.

         c. Plaintiffs' counsel shall notify GSK within 15 days of the selection of a replacement case whether they intend to proceed to Phase 5 discovery or whether the case must be replaced in accordance with this Order.

         d. The parties have agreed upon a form stipulation of dismissal for the purpose of Phase 5 Initial Trial Selection Pool. Within seven days after GSK is given notice of the intention to dismiss under subparagraph 2(a) of this section, GSK may file the agreed-upon stipulation. If the ...


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