Almer v. Peanut Corporation of America

Filing 458

Almer v. Peanut Corporation of America

Doc. 458

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA In re: GUIDANT CORP. IMPLANTABLE DEFIBRILLATORS PRODUCTS LIABILITY LITIGATION This Document Relates to All Actions MDL Case No. 05-1708 (DWF/AJB)

PRETRIAL ORDER NO. 15

ESTABLISHING PROTOCOL FOR DISCOVERY AND TESTING REGARDING DEVICES IN PLAINTIFFS' POSSESSION 1. Pursuant to the parties' stipulation and the Federal Rule of Civil

Procedure 26, any Plaintiff in possession of a device at issue must produce to Defendants, within thirty (30) days from the date of this Order, the following discovery: A. B. The model number and serial number of each device at issue. All documents, photographs, and other records that relate to

any device testing, including visual inspections, data downloads, interrogations, or any other type of testing that Plaintiffs might have conducted on the devices at issue. C. decedents. D. decedents. All documents that relate to the cause of death of Plaintiffs' All documents that relate to any autopsy reports of Plaintiffs'

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2.

In addition, any Plaintiff in possession of a device at issue must produce

that device to Defendants, according to the schedule set out in Paragraph 3, for testing and analysis in the presence of Plaintiff or Plaintiff's designated representative. Such analysis and testing shall include the following: A. B. C. Performing "Save to Disk" and "Hex Dump" downloads. Visually inspecting the devices at issue. Performing electrical and/or destructive analysis and testing

as permitted by the Court or agreed to by the parties. 3. Schedule for device production: A. Plaintiffs who are in possession of their devices and

alleging death must produce their devices, within thirty (30) days of the date of this Order, to Joseph Price, Esq., FAEGRE & BENSON, 2200 Wells Fargo Center, 90 South Seventh Street, Minneapolis, MN 55402-3901, [phone]. A list of Plaintiffs who are alleging death is attached as Attachment A. B. Plaintiffs who are in possession of their devices and

alleging physical injury must produce their devices, within sixty (60) days of the date of this Order, to Joseph Price, Esq., FAEGRE & BENSON, 2200 Wells Fargo Center, 90 South Seventh Street, Minneapolis, MN 554023901, [phone].

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C.

Plaintiffs who are in possession of their devices and

not alleging physical injury must produce their devices, within ninety (90) days of the date of this order, to Joseph Price, Esq., FAEGRE & BENSON, 2200 Wells Fargo Center, 90 South Seventh Street, Minneapolis, MN 55402-3901, [phone]. 4. Any Plaintiff who is no longer in possession of a device at issue must

provide, within thirty (30) days from the date of this Order, any and all information related to the current whereabouts of that device unless it is in Defendants' possession. IT IS SO ORDERED.

Dated: July 24, 2006

s/Donovan W. Frank DONOVAN W. FRANK Judge of United States District Court

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