Saturday, May 23, 2015

Small Update On May 20, 2015 Propecia® MDL Status Hearing -- Eastern District Of NY

I am sorry (for all my commenters keenly interested in the topic) -- but the PACER electronic record provides no additional color. [Backgrounder.] Here it is:

. . . .1. The parties provided updates on their negotiations concerning revisions to the discovery schedule and trial plan as well as the preparation of Defendants’ Fact Sheets; they expect to either reach a resolution or seek a decision from the court shortly.

2. The parties are encountering further issues concerning the defendants’ assertion of privilege, and advise that the court’s review and decision with respect to the documents that have been submitted for in camera review will assist them in determining what challenges to make in the future.

3. The plaintiffs will be required to make a motion to compel a non-party to comply with a subpoena.

Any such motion is to be made promptly and if supported by sufficient evidence that the subpoena was properly served the court will issue an order to show cause to the recalcitrant witness at a hearing to be held on June 19, 2015 at 11:00 a.m.

4. The next status conference will be held on June 19, 2015 at 11:00 a.m. . . .

So now we wait for June 19, 2015. Onward.


Anonymous said...

So Merck would be the recalcitrant witness? And if so, because of this privilege issue?

Condor said...

Actually, I suspect it refers to a scientist who (likely) no longer works for Merck -- thus the reference to a "non-party"...

The idea is that he/she might testify about what Merck's science team knew -- and when they knew it -- about the off-target sexual effects.

But that's just my guess.


Anonymous said...

Ah, thanks. That makes sense. That would seem like a game-changer if such a person exists and will talk.