McClurg et al v. MI Holdings, Inc. et al

Filing 658

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that the Plaintiffs in Anderhub, et al. v. Mallinckrodt LLC, et al., No. 4:16-cv-00655-AGF and Parmeter v. Mallinckrodt LLC, et al., No. 4:17- CV-01938-AGF, shall provide, no later than 60 days from the d ate of this Order, the disclosures required by Case Management Order No. 1 (ECF No. 286 in the Lead Case), as set forth above. Defendants shall confer in good faith with Plaintiffs' counsel in the above-noted cases regarding the previously agreed-upon format and manner of such disclosures. IT IS FURTHER ORDERED that the Plaintiffs in Anderhub, et al. v. Mallinckrodt LLC, et al., No. 4:16-cv-00655-AGF, Parmeter v. Mallinckrodt LLC, et al., No. 4:17- CV-01938-AGF, and all other cases co nsolidated in this matter, are reminded that the Case Management and other Orders entered in the Lead Case shall apply to all consolidated cases. IT IS FURTHER ORDERED that the Clerk of Court shall file a copy of this Order in Anderhub, et al. v. Mallinckrodt LLC, et al., No. 4:16-cv-00655-AGF and Parmeter v. Mallinckrodt LLC, et al., No. 4:17-CV-01938-AGF.. Signed by District Judge Audrey G. Fleissig on 12/20/2017. (NEP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SCOTT D. MCCLURG, et al.,
Plaintiffs,
vs.
MALLINCKRODT, INC., et al.,
Defendants.

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Case No. 4:12-CV-00361-AGF
Lead Case

MEMORANDUM ORDER
This matter is before the Court on review of the file. The Court has consolidated a number
of cases in this matter for pretrial consolidation pursuant to Federal Rule of Civil Procedure 42(a)
and Local Rule 4.03. Although the Plaintiffs in most of the consolidated cases are represented by
the same counsel as the Plaintiffs in the Lead Case, in two cases, Anderhub, et al. v. Mallinckrodt
LLC, et al., No. 4:16-cv-00655-AGF and Parmeter v. Mallinckrodt LLC, et al., No.
4:17-CV-01938-AGF, the Plaintiffs are represented by a different attorney, Gary Burger. Mr.
Burger did not oppose Defendants’ motions to consolidate the Anderhub and Parmeter cases with
the Lead Case, and those motions were granted on June 30, 2016 and August 14, 2017,
respectively. But Mr. Burger has not appeared on behalf of his clients at any of the regularly-held
status and mediation conferences in this case. At the most recent such status conference, held on
December 14, 2017, at which Mr. Burger did not appear, Defendants informed the Court that Mr.
Burger has also not made the disclosures on behalf of his clients that were required by the Court’s
Case Management Orders applicable to all consolidated cases.
To the extent that the Court has not already done so, it wishes to make clear now that the
Case Management and other Orders entered in the Lead Case apply to all consolidated cases.

Thus, for example, Case Management Order No. 1 in the Lead Case (ECF No. 286) requires that
Plaintiffs in any newly-filed and consolidated cases shall provide preliminary expert reports
regarding exposure, completed Plaintiff questionnaires, medical records, and signed
authorizations for the release of medical and employment records, all in the format agreed to by the
parties in the Lead Case, within 60 days of filing suit. Likewise, the Court has set regular status
conferences in this case, with lead counsel for each party required to appear in person and to
participate in the preparation and filing of regular joint status reports.
Accordingly,
IT IS HEREBY ORDERED that the Plaintiffs in Anderhub, et al. v. Mallinckrodt LLC, et
al., No. 4:16-cv-00655-AGF and Parmeter v. Mallinckrodt LLC, et al., No. 4:17-CV-01938-AGF,
shall provide, no later than 60 days from the date of this Order, the disclosures required by Case
Management Order No. 1 (ECF No. 286 in the Lead Case), as set forth above. Defendants shall
confer in good faith with Plaintiffs’ counsel in the above-noted cases regarding the previously
agreed-upon format and manner of such disclosures.
IT IS FURTHER ORDERED that the Plaintiffs in Anderhub, et al. v. Mallinckrodt LLC,
et al., No. 4:16-cv-00655-AGF, Parmeter v. Mallinckrodt LLC, et al., No. 4:17-CV-01938-AGF,
and all other cases consolidated in this matter, are reminded that the Case Management and other
Orders entered in the Lead Case shall apply to all consolidated cases.
IT IS FURTHER ORDERED that the Clerk of Court shall file a copy of this Order in
Anderhub, et al. v. Mallinckrodt LLC, et al., No. 4:16-cv-00655-AGF and Parmeter v.
Mallinckrodt LLC, et al., No. 4:17-CV-01938-AGF.
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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 20th day of December, 2017.
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