In Re: Zimmer M/L Taper Hip Prosthesis or M/L Taper Hip Prosthesis with Kinectiv Technology and Versys Femoral Head Products Liability Litigation

Filing 102

ORDER NO. 38 MEMORIALIZING APRIL 16, 2020 STATUS CONFERENCE: On April 16, 2020, the Court held a Status Conference by telephone to receive an update on the Parties' progress in MDL No. 2859. To date, there are one- hundred ninety-nine (199) filed cases in this multidistrict litigation ("MDL"). There are thirteen (13) active cases pending in various state courts. As further set forth in this Order. The Court set a date of May 19, 2020 at 11:00 AM EDT for the next status conference, which will occur via telephone. No later than five (5) days prior to the Status Conference, counsel shall file a joint letter, not to exceed five (5) single-spaced pages and to be filed in both 18-MD-2859 and 18-MC-2859, setting forth the Parties' agenda. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/21/2020) ( Telephone Conference set for 5/19/2020 at 11:00 AM before Judge Paul A. Crotty.) (ks)

Case 1:18-mc-02859-PAC Document 102 Filed 04/21/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
................................................................................................X
IN RE:
ZIMMER M/L TAPER HIP PROSTHESIS OR M/L TAPER
HIP PROSTHESIS WITH KINECTIV TECHNOLOGY AND
VERSYS FEMORAL HEAD PRODUCTS LIABILITY
LITIGATION

MDL No. 2859

18-MD-2859 (PAC)
18-MC-2859 (PAC)
38

This Document Relates to All Actions

ORDER NO. ____
MEMORIALIZING
APRIL 16, 2020
STATUS
CONFERENCE

................................................................................................X
PAUL A. CROTTY, United States District Judge:
On April 16, 2020, the Court held a Status Conference by telephone to receive an
update on the Parties’ progress in MDL No. 2859.
I.

STATUS OF CURRENT FEDERAL AND STATE COURT ACTIONS
To date, there are one-hundred ninety-nine (199) filed cases in this multidistrict

litigation (“MDL”). There are thirteen (13) active cases pending in various state courts.
II.

MOTION PRACTICE AND DISPUTED PROTOCOLS
The Court heard oral argument from each party on: (1) Plaintiffs’ motion to

compel regarding design and manufacturing changes to the MDL Products; and (2)
whether the Parties’ proposed Protocol Regarding the Testing, Exchange, and Storage of
Explanted Medical Devices and Pathology Materials should govern non-bellwether
plaintiffs. The Court will issue its rulings by separate order.
The Parties also noted that they had submitted a fully-agreed Deposition Protocol
to the Court for its consideration.

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Case 1:18-mc-02859-PAC Document 102 Filed 04/21/20 Page 2 of 2

Finally, the Court noted that the issue of use of pre-MDL depositions at
bellwether trials had been previously argued by the Parties, the Parties stood on their
prior arguments, and the Court noted that a ruling on that issue would be forthcoming.
III.

THE IMPACT OF COVID-19 AND SCHEDULING OF DEPOSITIONS
The Parties also discussed the impact of the COVID-19 pandemic on the

schedule, including the scheduling of depositions. After the conference, Zimmer
submitted a written proposal on the schedule (Dkt. 258), and the PEC filed its written
response (Dkt. 259).
The Court will provide a ruling on these issues via a separate order.
IV.

NEXT STATUS CONFERENCE
The Court set a date of May 19, 2020 at 11:00 AM EDT for the next status

conference, which will occur via telephone. No later than five (5) days prior to the Status
Conference, counsel shall file a joint letter, not to exceed five (5) single-spaced pages and
to be filed in both 18-MD-2859 and 18-MC-2859, setting forth the Parties’ agenda.
SO ORDERED.
April 21
Dated: ________, 2020
New York, New York

___________________________
PAUL A. CROTTY
United States District Judge

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