Wednesday, January 4, 2017

UPDATE: Federal Propecia®/Proscar® MDL -- Revised "Bellwether" Likely First Trial Dates

I still think one of the the federal bellwether cases will go to trial first, but the distance on the time line, between the similar New Jersey state cases -- and the federal ones -- is closing in a bit, to be sure.

I've not reworked my earlier graphic now just yet -- and will both set out the operative bit from the new order, just entered overnight -- and attach the full four page PDF, here:

. . . .The parties will make their designated experts for all four cases available for deposition between July 20, 2017, and October 1, 2017.

Motions. All motions to exclude or limit expert testimony pursuant to Federal Rule of Evidence 702 and all dispositive motions shall be filed as follows:

Opening Briefs: October 20, 2017;

Opposition Briefs: December 1, 2017; and

Reply Briefs: December 22, 2017.

The Court will hold a hearing to consider these motions on a date to be determined later. Total briefing for each parties’ Daubert briefs shall be limited to 50 collective pages per side for opening briefs, 50 collective pages per side for opposition briefs, and 25 pages per side for reply briefs.

Other Dispositive Motions. Each party shall be entitled to request motion practice, including dispositive motion practice, pursuant to the Local Rules and consistent with this Court’s Individual Practices. Nothing in this Order shall prohibit the opposition party from arguing that the motion is premature and/or untimely.

Final Discovery. The parties shall complete any remaining discovery within 60 days of the start of trial.

Trial Schedule. The Court anticipates that the First Bellwether Tranche shall be trial ready by March 2018. Following the entry of all orders disposing of all Daubert motions and dispositive motions, the Court will issue a scheduling order governing all trial related obligations, including the specific date for commencement of trial. . . .

At some point tonight, I'll get a revised tabular graphic up, on all of this -- but for now (my other) duties call. [There really is nothing like old school turn-tables and real vinyl, for playing the older and wiser cuts. . . . smile.]


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