Cox et al v. Zurn Pex, Inc. et al

Filing 83

PRETRIAL ORDER NO. 1 (Written Opinion) (This is a duplicate of docket entry no. 13 that is reentered to docket in all individual cases also.) Signed by Judge Ann D. Montgomery on 11/5/2008. Associated Cases: 0:08-md-01958-ADM-RLE et al.(GS)

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Court File No. 08-MDL-1958 (ADM/RLE)

In re Zurn Pex Products Liability Litigation This Order Relates to All Actions

PRETRIAL ORDER NO. 1

The Judicial Panel on Multidistrict Litigation has transferred certain products liability actions relating to Zurn Pex plumbing systems to this Court for coordinated pretrial proceedings. The Court has received a joint application for the designation of counsel to act on behalf of the Plaintiffs in this litigation. The Court has carefully reviewed the proposed designations and the information supplied in support thereof and hereby makes the following designations: A. Plaintiffs' Lead Counsel The Court designates the following Lead Counsel to act on behalf of Plaintiffs: Shawn M. Raiter Larson · King, LLP 2800 Wells Fargo Place 30 E 7th Street St. Paul, MN 55101 Phone: [phone] Fax: [phone] Email: [e-mail] Plaintiffs' Lead Counsel will be responsible for coordinating the activities of Plaintiffs during pretrial proceedings and will: 1. 2. Determine and present to the Court and opposing parties the position of the Plaintiffs on all matters arising during pretrial proceedings; Initiate and coordinate discovery on behalf of Plaintiffs consistent with the requirements of the Federal Rules of Civil Procedure relating to discovery or any other subsequent order of this Court;

3. 4. 5. 6. 7.

Conduct settlement negotiations on behalf of Plaintiffs, but not enter binding agreements except to the extent expressly authorized; Delegate specific tasks to other counsel in a manner to ensure that pretrial preparation for Plaintiffs is conducted effectively, efficiently, and economically; Stipulate with opposing counsel on issues relating to the litigation; Prepare and distribute periodic status reports to the parties; Maintain adequate time and disbursement records covering services of designated counsel and establish guidelines for approval by the Court as to the keeping of time records and expenses; Monitor the activities of Plaintiffs' designated counsel to ensure that schedules are met and unnecessary expenditures of time and funds are avoided; Perform such other duties as may be incidental to proper coordination of Plaintiffs' pretrial activities or authorized by further Order of the Court; and Submit, if appropriate, additional counsel for designation by the Court.

8. 9. 10.

Counsel for Plaintiffs who disagree with Plaintiffs' Lead Counsel or who have individual or divergent positions may present written and oral arguments, and otherwise act separately on behalf of their client(s) as appropriate, provided that in doing so they do not repeat arguments, questions, or actions of the Plaintiffs' Lead Counsel. B. Plaintiffs' Steering Committee To act on behalf of Plaintiffs, the Court hereby designates the following attorneys as the Plaintiffs' Steering Committee: Co-Chair: Charles J. LaDuca Cuneo Gilbert & LaDuca, LLP 507 C Street NE Washington, DC 20002 Co-Chair: Gary E. Mason The Mason Law Firm, LLP 1225 19th Street NW, Suite 500 Washington, DC 20036

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Co-Chair: Robert K. Shelquist Lockridge Grindal Nauen PLLP 100 Washington Avenue South #2200 Minneapolis, MN 55401 Timothy Battin Straus & Boies, LLP 4041 University Avenue Fairfax, VA 22030 David L. Black Holland & Hart, LLP 555 17th Street, Suite 3200 Denver, CO 80201-8749 Daniel K. Bryson Lewis & Roberts 1305 Navaho Drive, Suite 400 Raleigh, NC 27609 Michael McShane Audet & Partners, LLP 221 Main Street, Suite 1460 San Francisco, CA 94105-1906 Joel R. Rhine Lea, Rhine, Rosbrugh & Chleborowicz, PLLC 314 Walnut Street Wilmington, NC 28401 J. Gordon Rudd, Jr. Zimmerman Reed, PLLP 651 Nicollet Mall, Suite 501 Minneapolis, MN 55402 Plaintiffs' Steering Committee shall consult with Plaintiffs' Lead Counsel in coordinating the Plaintiffs' pretrial activities and in planning for trial. C. Plaintiffs' Liaison Counsel The Court designates the following counsel as Plaintiffs' Liaison Counsel:

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J. Gordon Rudd, Jr. Zimmerman Reed 651 Nicollet Mall, Suite 501 Minneapolis, MN 55402-4123 Phone: [phone] Fax: [phone] Email: [e-mail] Plaintiffs' Liaison Counsel will be responsible for the following activities: 1. 2. 3. Maintain and distribute to Plaintiffs' designated counsel and to Defendants' Lead Counsel an up-to-date service list; Receive and distribute to Plaintiffs' designated counsel Orders from the Court and documents from opposing parties and counsel; Maintain and make available to other Plaintiffs' counsel or Plaintiffs, at reasonable hours, a complete file of all documents served by or upon each party; and Establish and maintain an electronically accessible document depository.

4. C.

Designation of Defendants' Lead Counsel To act on behalf of Defendants, the Court designates the following Lead Counsel: James A. O'Neal Faegre & Benson, LLP 2200 Wells Fargo Center 90 South Seventh Street Minneapolis, MN 55402-3901 Phone: [phone] Fax: [phone] Email: [e-mail]

IT IS SO ORDERED.

Dated: November 5, 2008

s/Ann D. Montgomery Ann D. Montgomery United States District Court Judge

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