United States District Court, D. Massachusetts
IN RE ZOFRAN (ONDANSETRON) PRODUCTS LIABILITY LITIGATION, This Document Relates To: All Actions
ORDER SUPPLEMENTING MDL ORDER NO. 25
DENNIS SAYLOR IV DATED UNITED STATES DISTRICT JUDGE
order supplements and modifies the terms of MDL Order No. 25
concerning Phase 5 discovery and Lexecon waivers.
Phase 5 Initial Trial Selection Pool.
cases referred to in MDL Order No. 25 are to be divided
equally into two groups of eight for purposes of Phase 5
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.
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.
Phase 5 Dismissals and Replacements.
defense Phase 5 selection, the following procedure shall be
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
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.
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.
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 ...