Vallejo v. Amgen, Inc. et al

Filing 57

ORDER - After conferring with the parties,1) On or before June 12, 2015, Plaintiff's counsel shall file a motion for clarification, along with a brief citing any relevant case law and treatises, explaining his position on the appropri ate scope of discovery on the issue of general medical causation; that is, whether ingesting the prescription drug, Enbrel (etanercept) can cause myelodysplastic syndrome ("MDS").2) Defense counsel's response shall be filed on or b efore June 26, 2015.3) No reply shall be filed absent leave of the court for good cause shown.4) Counsel shall cite any relevant Eighth Circuit or Supreme Court case law on the case management issue presented, irrespective of whether they deem it "controlling" under the facts of this case.Ordered by Magistrate Judge Cheryl R. Zwart. (JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JAN VALLEJO, Individually and As
Personal Representative of Steve Vallejo;
Plaintiff,
vs.

8:14CV50
ORDER

AMGEN, INC., WYETH, INC., PFIZER,
INC.,
Defendants.
A conference call was held today to discuss first-phase (medical causation)
discovery issues. The parties do not agree on what is encompassed within that phase.
After hearing the plaintiff’s arguments, the court agrees that ambiguity exists. Moreover,
Plaintiff’s counsel expressed concern that the court’s intended case management plan is
inconsistent with his extensive experience representing plaintiffs in complex litigation in
other jurisdictions, including litigation against pharmaceutical companies.

To more fully inform the court on the parties’ respective positions, and to avert
any future misunderstanding regarding the scope and staging of discovery,

IT IS ORDERED:
1)
On or before June 12, 2015, Plaintiff’s counsel shall file a motion for
clarification, along with a brief citing any relevant case law and treatises, explaining his
position on the appropriate scope of discovery on the issue of general medical causation;
that is, whether ingesting the prescription drug, Enbrel® (etanercept) can cause
myelodysplastic syndrome (“MDS”).1
2)
1

Defense counsel’s response shall be filed on or before June 26, 2015.

Plaintiff’s complaint alleges Plaintiff died from complications of MDS. General
medical causation, as described in this order, does not include specific medial causation;
that is, whether this plaintiff’s alleged injuries and death were caused by ingesting
Enbrel® (etanercept).

3)

No reply shall be filed absent leave of the court for good cause shown.

4)
Counsel shall cite any relevant Eighth Circuit or Supreme Court case law
on the case management issue presented, irrespective of whether they deem it
“controlling” under the facts of this case.
May 29, 2015.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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