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

Filing 690

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that, no later than 14 days from the date of this Memorandum and Order, the parties shall meet with the Court-appointed Mediator, Randi Ellis, to engage in good faith settlement discussions. IT IS FURTHER ORDERED that a client representative with appropriate settlement authority on behalf of each party, and a representative of the United States Department of Energy with appropriate settlement authority, shall attend the above referenced mediation conference. IT IS FURTHER ORDERED that counsel for Mallinckrodt, Inc. shall provide a copy of this Memorandum and Order to its contact at the Department of Energy. Signed by District Judge Audrey G. Fleissig on 02/22/2018. (KCB)

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

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

MEMORANDUM AND ORDER
Upon review of the record, the Court notes that this case has been pending for six
years. It currently involves nearly 500 Plaintiffs and is growing; the parties have been
meeting regularly with the Court-appointed Mediator, Randi Ellis, for nearly two years,
pursuant to a Court Order. The parties have nearly completed discovery on the common
issues, including expert discovery, and the parties have made significant progress on
discovery related to the Bellwether Plaintiffs in the Initial Trial Pool. Therefore, the
Court believes that the case is at a critical juncture for meaningful settlement discussions
involving client representatives with appropriate settlement authority.
The Court is also aware that the United States Department of Energy (“DOE”) is a
possible indemnitor in this case, and that Plaintiffs have requested the presence of an
appropriate DOE representative at the Court-ordered, regularly-held mediation
conferences in this case, but no such representative has appeared at any mediation
conference to date.

Accordingly,
IT IS HEREBY ORDERED that, no later than 14 days from the date of this
Memorandum and Order, the parties shall meet with the Court-appointed Mediator,
Randi Ellis, to engage in good faith settlement discussions.
IT IS FURTHER ORDERED that a client representative with appropriate
settlement authority on behalf of each party, and a representative of the United States
Department of Energy with appropriate settlement authority, shall attend the abovereferenced mediation conference.
IT IS FURTHER ORDERED that counsel for Mallinckrodt, Inc. shall provide a
copy of this Memorandum and Order to its contact at the Department of Energy.

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 22nd day of February, 2018.