In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation

Filing 4433

CASE MANAGEMENT ORDER NO. 122: This CMO memorializes rulings made at the April 26, 2016 status conference, as well as agreements reached by the Parties regarding preliminary discovery for Phase II of this case. 1) EXCHANGE OF INITIAL DISCOVERY: a) By Plaintiffs: By July 19, 2016, Plaintiffs shall: i) Answer Defendants' March 4, 2016 First Set of Discovery on Non-Trial Sites ("First Set") as follows: A) Answer Interrogatory No. 1 as to each site. Plaintiffs need not identify defendants by each cause of action being asserted. B) Answer Interrogatory No. 2 as written to the extent Plaintiffs knows of the supplier(s). Plaintiffs shall indicate date range of supply, if known. C) Plaintiffs need not answer Interrogatory No. 3 because it merely asks Plaintiffs to identify the additional information and/or documents it needs to answer Interrogatory No. 2, which the Court determine does not require a response. D) Answer Interrogatory No. 4 as written. E) Produce the written report and laboratory report that formed the basis of Plaintiffs' answer to Interrogatory No. 4 (a) and (b). PHASE II DISCOVERY & STRUCTURE: By October 14, 2016, the parties will begin to meet and confer regarding (i) additional discovery required in Phase II; (ii) potential for stipulated dismissal of sites; and (iii) a Phase II trial structure consistent with CMO 124. (As further set forth in this Order) (Signed by Judge Shira A. Scheindlin on 4/29/2016) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:07-cv-10470-SAS(kl)