Sims v. Bayer Corporation et al

Filing 282

ORDER REGARDING BELLWETHER PLAN AND FIRST BELLWETHER TRIAL. Signed by Chief Judge David R. Herndon on 12/31/201. (dsw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF ILLINOIS

IN RE: YASMIN AND YAZ
(DROSPIRENONE) MARKETING, SALES
PRACTICES AND PRODUCTS LIABILITY
LITIGATION

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3:09-md-02100-DRH-PMF
MDL No. 2100

This Document Relates to:
ALL CASES
and specifically
Kerry Sims v. Bayer Corp., et al., No. 3:09-cv-10012-DRH-PMF

CASE MANAGEMENT ORDER NUMBER 53
Regarding Bellwether Plan
It is clear to the Court that the principles of a bellwether plan, discussed to
some extent in CMO 24 and understood fully by the parties, will not be met by
pursuing the first trial set January 9, 2011. The Court finds that the interests of
this litigation, plaintiffs and defendants, will be better served by an alternative
plan.
Therefore, the Court hereby appoints Professor Stephen Saltzburg of
George Washington School of Law, Washington D.C., as Special Master, for
purposes of mediation, with all his expenses and fees to be borne equally by
plaintiffs and defense sides.

The leadership teams for each side are hereby

ordered to meet with Professor Saltzburg without delay. Professor Saltzburg shall

consider and utilize every reasonable mediation option available to effectuate
settlements in this litigation. Each party is ordered to negotiate in good faith.
The case of Kerry Sims v. Bayer Corp., et al., No. 3:09-cv-10012-DRH-PMF
is hereby continued from the Court’s docket of January 9, 2012 until further
notice. The balance of the bellwether scheduling is hereby held in abeyance until
further notice. The Court will send notices of the next conference.
SO ORDERED

David R. Herndon
2011.12.31
10:56:21 -06'00'
Chief Judge
United States District Court

Date: December 31, 2011