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

Filing 777

MEMORANDUM AND ORDER REGARDING BUTLER V. MALLINCKRODT LLC, NO. 4:18-CV-01701-AGF, ET AL.: IT IS HEREBY ORDERED that the parties in Butler v. Mallinckrodt LLC, No. 4:18-cv-01701-AGF; Koterba v. Mallinckrodt LLC, No. 4:18-cv-01702-AGF; Hines v. Malli nckrodt LLC, No. 4:18-cv-01703-AGF; and Walick v. Mallinckrodt LLC, No. 4:18- cv-01704-AGF, shall meet and confer in good faith, and shall file, within 14 days, a joint proposed scheduling plan for the above listed cases that comports with this Memorandum & Order. ( Joint Scheduling Plan due by 6/18/2019.). Signed by District Judge Audrey G. Fleissig on 06/04/2019. (KCB)

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

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

MEMORANDUM AND ORDER REGARDING
BUTLER V. MALLINCKRODT LLC, NO. 4:18-CV-01701-AGF, ET AL.
This matter is before the Court upon review of the parties’ proposed scheduling
plans as set forth in ECF No. 771 and the attachments thereto, with respect to the
following consolidated cases: Butler v. Mallinckrodt LLC, No. 4:18-cv-01701-AGF;
Koterba v. Mallinckrodt LLC, No. 4:18-cv-01702-AGF; Hines v. Mallinckrodt LLC, No.
4:18-cv-01703-AGF; and Walick v. Mallinckrodt LLC, No. 4:18-cv-01704-AGF
(collectively, the “Butler cases”). These proposed plans were submitted in response to
the Court’s February 11, 2019 Memorandum and Order (ECF No. 769). The Court held a
status conference on April 5, 2019, at which time the Court advised the parties that it
would delay setting a schedule in these cases pending potential resolution of a larger
group of earlier-consolidated cases.
Now, upon careful consideration of the Butler parties’ scheduling proposals, the
Court concludes that staggered pretrial proceedings related to common issues and to the
individual plaintiffs’ claims is not the most efficient way to proceed with respect to the

Butler cases. Rather, in light of the much smaller number of plaintiffs involved, the
Court agrees with the Butler plaintiffs that a single-tiered discovery plan best serves the
letter and spirit of the Federal Rules of Civil Procedure.
However, in light of the delay in setting a schedule, the Court will ask the Butler
parties to meet and confer and to submit a new joint-proposed scheduling plan in
accordance with the guidance set forth above.
Accordingly,
IT IS HEREBY ORDERED that the parties in Butler v. Mallinckrodt LLC, No.
4:18-cv-01701-AGF; Koterba v. Mallinckrodt LLC, No. 4:18-cv-01702-AGF; Hines v.
Mallinckrodt LLC, No. 4:18-cv-01703-AGF; and Walick v. Mallinckrodt LLC, No. 4:18cv-01704-AGF, shall meet and confer in good faith, and shall file, within 14 days, a joint
proposed scheduling plan for the above listed cases that comports with this Memorandum
& Order.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 4th day of June, 2019.

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