2 | 1/4/98 | Duties for transferor court under Rule 19(a), (b), and (c) of the
Rules of Procedure of the Judicial Panel on Multidistrict
Litigation; retain entire original file; forward only dockets and
complaints. |
5 | 1/21/98 | Regarding rulings set forth at a hearing dated January 15,
1998. Appointment of
E. Weltman and P. Resnick, co-lead counsel for Phentermine
Defendants; M. Scott: Liaison Counsel for fenfluramine and
dexfenfluramine defendants; and E. Madeira and N. Gussack: Liaison
Counsel for phentermine manufacturers and suppliers. |
6 | 2/5/98 | In the Matter of the Plaintiff’s Management Committee (“PMC”). Composition of PMC –
Chairpersons, members and responsibilities. |
15 | 3/13/98 | Granting extension of time until April 15, 1998 to answer any
plaintiff’s complaint or amended complaint in MDL 1203. Granting extension to answer or
move in response to any complaint until 4/15/98; any answer due
hereafter shall be in accord with the Federal Rules of Civil
Procedure (“FRCP”). |
16 | 3/13/98 | Guidelines for Plaintiff Counsel time and expense reports. |
19 | 3/17/98 | Service of Complaints and Other Pleadings. Complaints may be served by
certified mail, return receipt requested to designated
parties. Pleadings
must be served on all liaison counsel, each co-chair of the PMC,
and on the office of the PMC, as well as all counsel of record for
any individual action related to the filing, as reflected on the
MDL 1203 Service List.
The Special Master is directed to prepare such a Service List
monthly. Certificates
of service should state only that the document was served to
persons entitled to be served pursuant to the service list, and
should not include a list of individual names. (Subject to changes in PTO 3370) |
20 | 3/17/98 | Order for Preservation of Documents. Parties are enjoined from
altering or destroying originals of relevant documents. |
21 | 3/17/98 | Deposition Guidelines.
Depositions should ordinarily be noticed 30 days in advance. Any objection made is
deemed made on behalf of all parties; all objections except as to
form are preserved.
Deposing counsel must provide a list, 10 days in advance, of all
documents expected to be used at the deposition. Subpoenas to produce documents
should be served at least 30 days in advance of the scheduled
deposition. Videotape
depositions are permitted. (Subject to changes in PTO 3370) |
22 | 3/23/98 | First Wave Discovery with attached Plaintiff’s Fact Sheets. The Discovery Initiation
Date (“DID”) is set as April 1, 1998 for those actions filed or
transferred before April 1, 1998; or the first day of the month
following the date an action is filed in the EDPA or transferred to
MDL 1203 after April 1, 1998. Plaintiffs have 45 days from the
DID to provide completed Fact Sheets and medical
authorizations. Rules
governing service and response to comprehensive interrogatories and
requests for production of documents are established; plaintiffs
may obtain additional, non-duplicative discovery. PMC document depository
established. No
additional discovery is to be taken until further Order. See also PTO 155 and
PTO 285. (Subject to
changes in PTO 3370) |
23 | 3/23/98 | Standards for 12(b) motions. |
26 | 3/30/98 | Order to Show Cause why Gregory P. Miller should not be appointed
as Special Discovery Master and setting forth duties and
responsibilities of Special Master. If the Special Master’s rulings
are not accepted by all parties, the Special Master must prepare a
Decision and Recommendation. Parties have 7 days to appeal a
Decision and Recommendation by filing a Motion with the Court, or
the Decision and Recommendation will be entered as an Order. |
27 | 4/1/98 | Pretrial Confidentiality Order, with Exhibit A, Agreement to
Maintain Confidentiality. Persons producing discovery
material may designate as confidential certain “trade secret”
materials, financial data, clinical studies, and other
information.
Confidential material may not be disclosed to anyone other than
outside and in-house attorneys or retained experts engaged in the
litigation.
Confidential material submitted to the Court must be filed under
seal. |
36 | 4/14/98 | Formally designating Gregory P. Miller, Esq. as Special Discovery
Master. |
38 | 4/21/98 | Regarding Plaintiffs’ Discovery Committee. Committee shall have the
authority to conduct general liability discovery, including
depositions. |
41 | 4/22/98 | Procedure for return of inadvertent production of attorney-client
privileged or work product documents. Production of such materials
shall not be deemed a waiver. The Court may direct the return
of inadvertently produced documents and preclude their further use
in the litigation.
Parties must confer with other parties before moving for
relief. See
also PTO 285. |
48 | 4/28/98 | Vacating any previous State or Federal Court Order staying or
otherwise affecting any discovery right or obligation of any party. |
126 | 5/11/98 | Designation of Robert N. Spinelli, Esq. as retailer defendants’
Liaison Counsel. |
127 | 5/11/98 | Designation of J. Allen Schreiber, Esq. as weight loss centers,
clinics, or other similar enterprises defendants’ Liaison Counsel. |
128 | 5/11/98 | Designation of John M. Fitzpatrick, Esq. as physicians’ Liaison
Counsel. |
155 | 6/24/98 | Revised Authorization Form to be substituted for the original form
attached to PTO 22 for all cases with a DID of July 1, 1998 and
after. |
175 | 7/14/98 | Order outlining the duties and authority of various Liaison Counsel
representing defense interests. |
270 | 9/10/98 | Regarding the tentative class action settlement reached with
Interneuron Pharmaceuticals, Inc. and Boehringer Ingelheim
Pharmaceuticals, Inc.
All federal claims against Interneuron are stayed. |
285 | 9/16/98 | Extending protection of PTO 41 to all litigants who are entitled to
review documents in the PMC Depository and amending paragraph 6(D)
of PTO 22. |
292 | 9/24/98 | Schedule for Non-Expert Witness Deposition Discovery in all cases
that are part of the coordinated proceeding. 1. Guidelines
outlined in PTO 21 will apply to all depositions. 2. Other discovery devices such as Requests for Admission are
permissible only with prior authorization of the Special Master. (Vacated pursuant to PTO 3370) |
297 | 9/25/98 | Order conditionally certifying the Wish Interneuron
settlement class, preliminarily approving the settlement agreement,
instructing the parties to prepare notice, and contemplating a stay
against Interneuron pending resolution of fairness hearing. |
298 | 9/25/98 | Item No. 2 (denying Plaintiffs’ Motion to Compel Production of
AHP’s “Bibliographic Database”) and Item No. 7 (no motion for
reconsideration of an order issued on an unopposed motion). |
314 | 10/1/98 | Regarding use of an alternative medical authorization form. Defendants may provide
plaintiffs with different authorization forms than provided for in
PTO Nos. 22 and 155.
Plaintiffs have 10 days thereafter to return such authorizations. |
316 | 10/5/98 | Order authorizing the PMC to serve individual plaintiff’s counsel
via the Internet those documents which are common to all cases. |
333 | 10/14/98 | Regarding the limited lift of the stay imposed by PTO Nos. 270 and
297 to permit Interneuron to produce documents. |
335 | 10/19/98 | Affirming the Order of the Special Discovery Master decision as to
Plaintiffs’ Objections to Production of Documents by Medical
Providers. |
349 | 11/3/98 | Regarding stay of all pending and future state and federal
proceedings against Interneuron and conditions of stay. |
417 | 1/6/99 | Regarding the Expert Discovery Schedule. Establishes a time schedule for
identifying, providing mandatory discovery disclosures, and
deposing expert witnesses, specifically (1) generic experts
(i.e., those testifying as to general causation), (2)
case-specific experts, and (3) experts on economic damages. Provision is also made for
defendants to schedule medical examinations of plaintiffs pursuant
to FRCP 35. See
also Special Discovery Master Memorandum No. 30. (Vacated pursuant to PTO 3370) |
418 | 1/6/99 | Regarding Product Identification Discovery (“ID”). Plaintiffs must promptly
undertake product ID discovery. Phentermine defendants shall
provide the PMC with a product ID chart. Plaintiffs must notify the
Special Discovery Master if they fail to identify the product upon
which their clam is based within 30 days or 60 days of the
DID. (Subject to
changes in PTO 3370) |
420 | 1/6/99 | Regarding the Discovery of Ongoing Studies. Provision is made for the
discovery of studies that have been presented publicly and for the
production of protocols and other information pertaining to
currently ongoing studies. |
462 | 2/10/99 | Affirming Decision and Recommendation No. 9 of Special Discovery
Master (regarding plaintiffs’ objection to the production of
medical records). |
467 | 2/10/99 | Regarding Attorney’s Fees and Costs and State/Federal
Coordination.
Establishes MDL 1203 Cost and Fee Account from which payments for
common benefit work will be made upon application to the Court and
pursuant to Order of the Court. See also PTO 517 and PTO
892. |
474 | 2/18/99 | Designation of Gerald J. Valenti, Esq. as defendants' Liaison
counsel for weight loss centers, clinics or other similar
enterprises, replacing J. Allen Schrieber, Esq. because the cases
against Mr. Schrieber's clients have been resolved. |
477 | 2/19/99 | Item No. 1 (re: amendment of PTO 38) and Item No. 2 (re:
appointment of Gerald J. Valentini, Esq. as Liaison Counsel for
weight loss centers). |
517 | 3/18/99 | Extending PTO 467 (regarding the MDL 1203 Cost and Fee Account) to
all civil actions in MDL 1203 regardless of the jurisdiction from
which the action was transferred. See also PTO 892. |
518 | 3/18/99 | Appointing J. Michael Papantonio, Esq. to the PMC and approving the
Coordination Agreement between the PMC and the Levin, Middlebrooks
firm. |
519 | 3/18/99 | Regarding allocation of responsibility to non-parties. Parties have 90 days from
receiving Plaintiff’s Fact Sheet or whichever date it would
otherwise be due under state law, whichever is later, to designate
non-parties at fault where permitted by state law. In the event that the above dates
have passed, parties have 60 days to designate non-parties at
fault. |
522 | 3/23/99 | Regarding the deposition of Heidi Connolly, M.D. Providing terms and timing for
the taking of Dr. Connolly’s deposition. No further depositions of Dr.
Connolly may be taken without leave of court. |
540 | 3/30/99 | Affirming Decision and Recommendation No. 12 of Special Discovery
Master (as to Plaintiff’s redaction of medical records prior to
production). |
590 | 4/26/99 | Regarding communications with treating physicians. Counsel may only contact treating
physicians as permitted by state law, and must clearly identify
himself and the party he represents. Treating physicians are to be
reimbursed by parties issuing a subpoena in an amount equal to the
lesser of his hourly rate or $300 per hour. |
596 | 5/10/99 | Affirming Decision and Recommendation No. 14 of Special Discovery
Master (as to Defendant Medeva Pharmaceuticals, Inc./Fisons Corp.’s
Privilege Log). |
603 | 5/13/99 | Affirming Decision and Recommendation No. 15 of Special Discovery
Master (as to Defendant Teva Pharmaceuticals, Inc.’s Inadvertent
Production of Privileged Documents). |
604 | 5/13/99 | Affirming Decision and Recommendation No.
16 of Special Discovery Master (as to AHP’s Inadvertent
Production of Privileged Documents). |
680 | 5/25/99 | Submission of pleadings, stipulations, dismissals, etc. to the PMC
office. (Subject to
changes in PTO 3370) |
688 | 5/25/99 | Affirming Decision and Recommendation No. 16 of Special Discovery
Master (as to AHP’s Inadvertent Production of Privileged
Documents). [Note:
this Order is entirely duplicative of PTO 604.] |
714 | 6/15/99 | Stipulations and Order regarding the procedure for establishing the
authenticity of documents produced by defendants. |
718 | 6/18/99 | Order directing issuance of a letter rogatory with respect to the
production of documents by Lucien Abenheim, M.D. |
807 | 7/20/99 | Order requiring that cross-claims or third-party claims shall be
asserted on or before August 1, 1999 in cases with a DID on or
before August 1, 1998; for cases with later DIDs, cross-claims or
third-party claims shall be asserted no later than 45 days prior to
the due date for plaintiffs’ designation of case-specific expert
witnesses. |
855 | 8/19/99 | Order affirming Amended Decision and Recommendation No. 23 as to
Defendants’ Expert Opinions Concerning Generic and Phentermine
Causation. |
856 | 8/19/99 | Order affirming the Second Amended Decision and Recommendation No.
19 as to Generic Expert Opinions Concerning Phentermine Causation. |
865 | 8/26/99 | Order granting class certification for medical monitoring. |
884 | 9/27/99 | Denying plaintiff Sharyn Wish’s motion for certification of the
Interneuron limited fund settlement class and lifting stays as to
Interneuron. |
892 | 9/29/99 | Appointing Gregory P. Miller as Escrow Agent for MDL 1203 Cost and
Fee Account established pursuant to PTO 467. See also PTO 517. |
965 | 10/22/99 | Reinstating for a period of 30 days the stays entered pursuant to
PTOs 297 and 349 precluding litigation against Interneuron. |
992 | 11/15/99 | Order granting extensions of deadlines to complete fact and expert
discovery pursuant to attached schedule. Plaintiffs who wish to proceed on
the original or an accelerated schedule may submit such a request
to the Special Master.
The extension does not extend any previously expired deadline or
preclude filing of motions with respect to such deficiencies. |
994 | 11/16/99 | Affirming Special Discovery Master Decision
and Recommendation No. 36, with respect to SmithKline Beecham
Corp.’s privilege log. |
997 | 11/23/99 | Order conditionally certifying settlement class in Brown,
preliminarily approving the settlement agreement, approving the
forms of notice and directing their issuance, and scheduling the
fairness hearing for May 1-5, 2000. |
1160 | 2/25/00 | Order regarding the production of certain case-specific documents
(communications between AHP and plaintiffs’ treating and
prescribing physicians; ADE records; detailing information; Dear
Health Care Professional information; and prescription
history). (Subject to
changes in PTO 3370) |
1162 | 2/28/00 | Order governing the designation of treating physicians as
case-specific experts.
(Vacated pursuant to PTO 3370) |
1165 | 3/7/00 | Affirming Decision and Recommendation No. 41 of Special Discovery
Master (as to Plaintiff’s objection to production of the SNAPH
study). |
1219 | 3/24/00 | Affirming Decision and Recommendation No. 44 of Special Discovery
Master as to the designation of Drs. La Puma, Guerigiuan and Sears
as PMC Generic Experts and granting AHP the right to
counter-designate Generic Experts. |
1255 | 4/18/00 | Regarding case-specific expert discovery relating to AHP defendants
and voluntary dismissal procedures. With respect to expert discovery,
the Order grants partial relief to plaintiffs intending to register
for the AHP national settlement. |
1323 | 5/25/00 | Stipulation and Order with respect to AHP’s Motion to Exclude
Expert Testimony of John W. Farquhar, M.D. PMC agrees that Dr. Farquhar will
not provide testimony regarding enumerated subject matters and AHP
agrees to withdraw pending Daubert motion. |
1332 | 6/20/00 | Memorandum and Order regarding AHP’s Daubert motions to limit
expert testimony of Jerome L. Avorn, M.D. and Lewis Rubin, M.D. |
1351 | 6/28/00 | Memorandum and Order regarding defendants’ Daubert motions to
exclude expert testimony of Paul J. Wellman, Ph.D. and Timothy J.
Maher, Ph.D. |
1363 | 7/11/00 | Granting motion for issuance of a letter of request for production
of documents from Lucien Abenheim, M.D. |
1412 | 8/22/00 | Designation of Andrew C. Clausen, Esq. to succeed Gerald J.
Valenti, Esq. as Liaison Counsel for weight loss centers, clinics,
or other similar enterprises. |
1415 | 8/28/00 | Memorandum and Order approving nationwide class action settlement
in Brown, certifying settlement class, dismissing with
prejudice all Settled Claims against AHP in MDL 1203 and enjoining
the prosecution of certain claims against AHP. |
1416 | 8/24/00 | Stipulated order striking portions of the preservation deposition
of PMC Generic Expert John J. La Puma, M.D. |
1461 | 10/12/00 | Memorandum and Order granting PMC’s Motion for Order Compelling FDA
to Produce Certain Documents regarding JAMA article insofar as
documents were withheld solely on the basis of the deliberative
privilege. Denying
PMC’s Motion as to documents withheld on the basis of
attorney-client privilege. |
1467 | 10/18/00 | Shortening applicable discovery deadlines for cases with DIDs of
12/1/99 and later. |
1468 | 10/20/00 | Regarding pre-Daubert hearing submissions to identify expert
opinions being challenged by AHP. |
1530 | 12/6/00 | Amending Section 2(A) of PTO 22 regarding time for plaintiffs to
provide Fact Sheets and Medical Authorizations in cases with DIDs
of 12/1/00 and thereafter. |
1685 | 2/1/01 | Memorandum and Order regarding AHP’s Daubert Motions to Exclude
Testimony of PMC Generic Experts Colin M. Bloor, M.D., Robyn J.
Barst, M.D., John L. Gueriguian, M.D., Arthur Hull Hayes, M.D.,
John J. La Puma, M.D., James H. Oury, M.D., Stuart Rich, M.D., and
Barry Sears, Ph.D. |
1694 | 2/5/01 | Regarding disposition of various motions; AHP Motions to preclude
certain generic expert witnesses designated by the Phentermine
Defendants are withdrawn. |
1845 | 3/26/01 | Order to Show Cause for plaintiffs in cases with DIDs up to and
including 11/1/00 who failed to identify expert witnesses or
provide adequate expert disclosures as to any of the Phentermine
Defendants. |
1910 | 4/19/01 | Affirming Special Discovery Master Decision and Recommendation No.
22 insofar as it relates to documents for which AHP asserted the
common interest doctrine privilege. |
1962 | 5/9/01 | Final Pretrial Order of the transferee court regarding cases ready
for remand. |
Stipulation and First Amendment to PTO 1962 | 5/16/01 | The parties shall provide a copy of this stipulation and pretrial
order, together with a CD-ROM containing the documents that
comprise the generic record, to the Clerk of the Court for the U.S.
District Court for the Eastern District of Pennsylvania at a time
to be determined. In
addition to the generic record, the parties to each action being
remanded shall provide to the clerk of the transferee district at a
time to be determined by the transferee court a copy of the
stipulated case-specific record on remand, together with either
copies of the documents that comprise such record or the documents
on a CD-ROM, for transmittal to the clerk of the transferor
district to which the civil action is being remanded. |
Second Amendment to PTO 1962 | 5/21/01 | Correcting an
erroneous factual statement in memorandum and PTO 1962 regarding
the Phentermine defendants. |
2023 | 6/14/01 | Procedure for award of counsel fees and reimbursement of litigation
expenses. |
2110 | 8/8/01 | Granting motion by PMC and Class Counsel to extend the deadlines
established by PTO 2023, which set forth the procedure for award of
counsel fees and reimbursement of litigation expenses. |
2112 | 8/9/01 | Granting the motion of Andrew C. Clausen, Esq. to withdraw as
liaison counsel for the diet center defendants. The Court at this time will not
appoint anyone to fill such vacancy given the understanding that
there are no diet center defendants who continue to be members of
the MDL’s diet center group. |
2152 | 9/12/01 | Clarifying PTOs 467 and 517 relating to the common fund set-aside
in actions subject to coordinated pretrial proceedings in MDL 1203
by requiring a copy of this order and PTOs 467 and 517 to be
provided to plaintiffs and/or their attorneys. |
2224 | 10/15/01 | Clarifying procedure for award of counsel fees and reimbursement of
litigation expenses pursuant to PTOs 467 and 517 (and superseding
PTOs 2023 and 2110). |
2355 | 1/28/02 | Approving Official Notice of Final Judicial Approval as compliant
with Section VI.B.3 of the Settlement Agreement, and ordering the
AHP Settlement Trust to mail the Notice Packet to all Class Members
on the Notice list. |
2356 | 1/28/02 | Ordering that the rolling deadlines applicable to discovery for all
MDL 1203 actions with DIDs of May 1, 2001 through December 1, 2002
are reflected in the attached chart. |
2367 | 2/6/02 | Denying motion of the PMC to clarify paragraph 2(b) of PTO 27 to
allow publication and use of discovery material in diet drug
litigation in the courts of Canada that a party in this litigation
has produced and designated as confidential. |
2381 | 2/26/02 | Establishing a procedure whereby the relevant parties in MDL 1203
cases in which AHP is an active defendant and with DIDs up to and
including November 1, 1999 must prepare a written discovery status
report and submit the report to the Special Discovery Master within
30 days. Upon receipt
of the reports, the Special Discovery Master shall determine which
cases are ready for remand, or where discovery remains to be
completed, shall establish deadlines for the completion of that
discovery. |
2383 | 2/26/02 | Establishing procedures for resolving motions to enforce Paragraph
7 of PTO 1415 against Class Members who assert claims allegedly
based on PPH. |
2387 | 3/4/02 | Clarifying procedure for award of counsel fees and reimbursement of
litigation expenses pursuant to PTOs 467 and 517 (and superseding
PTO 2224). |
2567 | 8/13/02 | Denying motion of
plaintiffs to remand in Anderson (LA), except as to
plaintiffs Crystal Gatlin and Verna Brown, and Ashley (MS)
and Castal (MS), holding that “phentermine defendants” not
consenting to removal were fraudulently joined, that resident
doctor defendants in Anderson were fraudulently joined as to
all plaintiffs except Gatlin and Brown, and that nondiverse
pharmacy and sales representative defendants were fraudulently
joined. |
2622 | 10/3/02 | Ruling on petitions for counsel fees and costs in connection with
the MDL and Class Action Settlement. |
2625 | 10/16/02 | Granting motion of Wyeth for an injunction in the Clark (TX)
case to enforce the Settlement Agreement against Clara Clark and
her counsel. Plaintiff and her counsel are enjoined from
introducing any evidence or statements relating directly or
indirectly to punitive damages. |
2627 | 10/17/02 | Ordering that Class Members who exercise Intermediate and Back-End
Opt-Out rights are enjoined from participating in any trial before
the same jury which hears a claim of an Initial Opt-Out plaintiff. |
2640 | 11/14/02 | Ruling on motion by the AHP Settlement Trust, joined by Wyeth and
Class Counsel, to prevent payment of certain national class action
settlement claims found to be medically unreasonable. Ordering that: (1) the Trust
shall not pay specified Class Members’ claims submitted by Hariton
& D’Angelo and/or Napoli, Kaiser & Bern without prejudice
to right of claimants to submit new echocardiograms and Green Forms
signed by a certifying cardiologist other than Linda J. Crouse,
M.D. or Richard L. Mueller, M.D.; (2) the Trust may audit every
echocardiogram and Green Form submitted or to be submitted on
behalf of a Class Member for which Drs. Crouse or Mueller is the
certifying cardiologist; (3) the Trust may audit every
echocardiogram and Green Form submitted or to be submitted on
behalf of a Class Member by Hariton & D’Angelo or Napoli,
Kaiser & Bern; (4) the Trust may withhold payment of any claims
pending completion of the audit process; (5) echocardiograms
submitted or to be submitted and certified by Drs. Crouse or
Mueller may form the basis for a finding that a Class Member is FDA
positive or has mild mitral regurgitation; and (6) movants’ request
for counsel fees is denied. |
2643 | 11/15/02 | Correcting typographical error in Pretrial Order No. 2640. “If” substituted for “of”
in the last paragraph on page 37, at line 7 in the original. |
2662 | 11/26/02 | Ordering the AHP Settlement Trust to conduct a medical review
(“audit”) of every claim for Fund B matrix level benefits submitted
pursuant to the national class action settlement agreement. |
2680 | 12/11/02 | Granting motion of Wyeth for an injunction in the Smart (TX)
case to enforce the Settlement Agreement against Linda Smart and
her counsel. Plaintiff
and her counsel are enjoined from introducing any evidence or
statements relating directly or indirectly to punitive damages. |
2688 | 12/20/02 | Approving proposed Refund Plan for the return of one-third of the
assessments paid into the MDL 1203 Fee and Cost Account. |
2703 | 1/10/03 | Order approving official notice of May 3, 2003 “Date 2” deadline
and directing Trust to mail notice and related materials to Class
Members on Notice list. |
2717 | 1/29/03 | Granting motion of Wyeth for further injunction and for sanctions
to enforce PTO 2625 against plaintiff Clara Clark and her counsel. |
2778 | 3/12/03 | Granting Joint Motion for approval of the Sixth Amendment to the
Settlement Agreement. |
2828 | 4/8/03 | Vacating PTOs 2625 and 2717, and enjoining plaintiff Clara Clark
and her attorneys in Clark from introducing specific
evidence relating to punitive damages. |
2859 | 5/15/03 | Modifying PTO 2622 to provide for an interim counsel fee award and
vacating paragraph 11 of PTO 2622 (regarding timing of further
petitions for fees). |
2865 | 5/21/03 | Granting Wyeth’s Motion to Amend PTO 2828 and ordering plaintiff
Clara Clark to redact certain deposition testimony and information
from a trial exhibit on the ground that they are related to
punitive damages. |
2883 | 6/10/03 | Granting motion of Wyeth for an injunction in the Wilson
(S.D. Miss.) and James (Smith County, Miss.) actions and
enjoining plaintiffs in James from introducing specific
evidence relating to punitive damages. |
2929 | 7/22/03 | Denying Motion to determine inadequacy of representation for
Opt-Out Class Members. |
2930 | 7/23/03 | Approving revised Plaintiff’s Fact Sheet (initially approved in PTO
22); approving revised Medical Authorization Form (required to be
completed by PTO 22 and revised by PTO 155); providing schedule for
plaintiffs to provide medical information to defendants and the
PMC. (Subject to
changes in PTO 3370) |
2951 | 8/7/03 | Order clarifying that pretrial order erroneously numbered 2629
shall be renumbered as PTO 2929, and the month of July shall be
substituted for the month of June in the first line of PTO 2929. |
2958 | 8/14/03 | Denying motion to discharge Class Counsel and Subclass Counsel for
Subclasses 1(b), 2(a), 2(b), and 3. |
2984 | 8/25/03 | Denying suggestions for the dissolution of MDL 1203 and for remand
of all pending cases to the various transferor courts. |
3030 | 9/22/03 | Enjoining plaintiff Michelle Renee Corley from proceeding as an
Initial Opt-Out in the case of Corley v. AHP pending in
Texas state court and enjoining plaintiff from introducing any
evidence or statements relating directly or indirectly to punitive
damages. |
3088 | 10/30/03 | Enjoining plaintiffs in the state court cases Eichmiller
(GA), Cook (MS), and Caldwell (MS) from introducing
any evidence or statements relating directly or indirectly to
punitive damages. |
3123 | 11/13/03 | Enjoining plaintiff in Gatlin v. AHP pending in Louisiana
state court from introducing any evidence or statements relating
directly or indirectly to punitive damages. |
3134 | 11/19/03 | Amending paragraph (1)(c) of PTO 3123 to refer to “aortic valve
regurgitation” rather than “mitral valve regurgitation.” |
3370 | 3/24/04 | Order governing severance of multi-plaintiff cases transferred to
the MDL, discovery deadlines and procedures for MDL cases, and the
process for remanding cases to the transferor courts upon
completion of discovery. |
3376 | 3/26/04 | Denying without prejudice Wyeth’s motions challenging the
eligibility of Class Members in Kerr and Rains to
exercise an Intermediate Opt-Out. |
3379 | 3/26/04 | Denying without prejudice
Wyeth’s motions challenging the eligibility of Class Members in
Adams to exercise an Intermediate Opt-Out. |
3490 | 4/30/04 | Enjoining plaintiff Lanna
Nustad in Campbell-Reese pending in Texas state court from
introducing any evidence or statements relating directly or
indirectly to punitive damages. |
3503 | 5/4/04 | Vacating PTO 3490 because of a
mistaken reference to “mitral valve regurgitation” rather than
“aortic valve regurgitation” and enjoining plaintiff Lanna Nustad
in Campbell-Reese pending in Texas state court from
introducing any evidence or statements relating directly or
indirectly to punitive damages. |
3535 | 5/18/04 | Denying motion of plaintiffs
for partial reconsideration of PTO 3448, except that first-named
plaintiff is not required to pay a $150 filing fee when he files a
severed and amended complaint. The motion had objected to the
requirement that each severed plaintiff remit a filing fee to the
clerk pursuant to 28 U.S.C. § 1914(a). |
3664 | 6/29/04 | Denying without prejudice
motion of Wyeth challenging eligibility of Class Members in
Howard to exercise an Intermediate Opt-Out. |
3849 | 8/11/04 | Granting motion of Wyeth to
enforce Court’s injunction against plaintiffs Doris Weller and
Ellen Carey. |
3888 | 8/30/04 | Vacating PTO Nos. 2680, 2828,
2883, 3088, and 3123; enjoining plaintiffs in Smart,
Clark, Wilson, James, Eichmiller,
Cook, Caldwell, and Gatlin from introducing
certain evidence related exclusively to punitive damages; ordering
parties in the above actions to stipulate to a reverse-bifurcated
trial; and enjoining plaintiffs or their attorneys from arguing
against the reverse bifurcation procedure before the state trial
courts. |
3903 | 9/8/04 | Order governing the filing of
answers and the pleading of affirmative defenses to severed and
amended complaints filed pursuant to PTO 3370. |
3961 | 9/22/04 | Denying Wyeth’s motion for
application of PTO 3888 to all remaining Class Members who have
exercised Intermediate or Back-End Opt-Outs, without prejudice to
Wyeth’s right to file a motion seeking such relief at any time
after January 1, 2005. |
3962 | 9/22/04 | Denying motion to stay PTO 3888
as to plaintiffs in Smart, Clark, Wilson,
James, Eichmiller, Cook, Caldwell, and
Gatlin unless they obtain postponements of their trials
until a resolution of the appeal of PTO 3888, and clarifying that
PTO 3888 only enjoins evidence related “exclusively” to punitive
damages. |
4389 | 1/21/05 | Granting joint motion of Wyeth
and Claims Facilitating Committee pursuant to proposed Settlement
Process to approve proposed stay procedure. |
4393 | 1/27/05 | Denying motion of Fleming &
Associates’ MDL Plaintiffs requesting a suggestion of remand. |
4481 | 2/10/05 | Requiring plaintiffs to
stipulate to reverse bifurcation in the Pearman and Pence cases in
Georgia state court. |
4567 | 3/15/05 | Approving Joint Motion for Approval of the Seventh Amendment to the
Nationwide Class Action Settlement Agreement. |
4714 | 3/21/05 | Amending PTO 4389 to authorize the Special Master to stay
additional proceedings identified in stipulations submitted by
Wyeth and plaintiffs’ law firms participating in the Proposed
Settlement Process to the Special Master on or before March 23,
2005. |
5036 | 4/25/05 | Modifying the Medical Authorization Form approved in PTO 2930
prospectively to exclude only “psychotherapy notes” from the scope
of production, and otherwise denying Wyeth’s Motion to Supplement
Existing Orders Concerning Medical Records Collection in MDL Cases. |
5037 | 4/25/05 | Denying Motion of Plaintiffs Represented by Fleming &
Associates, LLP to Enforce Pretrial Order Nos. 21 and 22. |
5055 | 4/25/05 | Denying Wyeth’s Motion for a Fair Allocation of Medical Record
Collection Costs. |
5185 | 5/12/05 | Affirming in
part the Special Discovery Master’s Report and Recommendation No.
16, as to certain discovery requests sought to be served upon Wyeth
by claimants represented by the law firm of Fleming &
Associates, L.L.P. |
5252 | 5/23/05 | Holding that
whenever the Court enters an order dismissing all claims against a
defendant in an action that is part of MDL 1203, that defendant
shall be terminated and all pending motions related to that
defendant shall be deemed denied as moot, and the deputy clerk is
authorized to make said pending motions terminated without further
order of the Court. |
5261 | 5/25/05 | Denying with prejudice lawsuit premised upon forged prescription
records. |
5319 | 6/3/05 | Holding that whenever the Court enters an order dismissing all
claims brought by a plaintiff in an action that is part of MDL
1203, that plaintiff shall be terminated and all pending motions
related to that plaintiff shall be deemed denied as moot, and the
deputy clerk is authorized to make said pending motions terminated
without further order of the Court. |
