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 121

ORDER NO. 48 MEMORIALIZING AUGUST 5, 2020 STATUS CONFERENCE: On August 5, 2020, the Court held a Status Conference by telephone to receive an update on the Parties' progress in MDL No. 2859. The Court heard argument from the Parties on Defendants' Motion and Brief in Support of Entry of a Protective Order Precluding the Depositions of Dr. Richard Berger and Dr. Paul Duwelius. Dkt. Nos. 286, 288. The Court denied Defendants' motion in Order 47 [Dkt. 292]. The next status conference will take place Tuesday, September 15, 2020 at 3:00 pm EDT. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/10/2020) (ks)

Case 1:18-mc-02859-PAC Document 121 Filed 08/10/20 Page 1 of 3

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

This Document Relates to All Actions

ORDER NO. 48
MEMORIALIZING
AUGUST 5, 2020
STATUS
CONFERENCE

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

................................................................................................X
PAUL A. CROTTY, United States District Judge:
On August 5, 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 219 filed cases in this multidistrict litigation (“MDL”). There

are 8 active cases pending in various state courts.
II.

CONFIDENTIALITY OF EXHIBITS PRIOR TO INTRODUCTION AT
DEPOSITION
As stated in their position statements and on the record, the parties are in

agreement that documents intended to be used as exhibits at deposition shall remain
confidential and not be viewed by opposing counsel, or their agents, until introduced as
an exhibit in the deposition. The Parties shall jointly submit a draft order for the Court’s
approval regarding maintaining the confidentiality of deposition exhibits.
III.

AMENDED SCHEDULING ORDER

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On August 7, 2020 the Court entered Order 46, Fourth Amended Scheduling
Order [Dkt. 291].
IV.

DISCOVERY DISPUTE
a. SharePoint
The Parties have met and conferred on the issue of SharePoint and, based on

Defendants’ representation that any relevant information from SharePoint will be
produced within the next month, judicial intervention is not required at this time.
b. Zimmer Distributor Productions
By Monday, August 10, 2020, Plaintiffs will file a motion to compel
communications between the local distributor, the distributor’s employees, and Zimmer,
Inc. with Maine Medical Center treating physicians, Drs. George Babikian and Brian
McGrory. Plaintiffs’ letter brief shall not exceed 7 pages, double spaced. Defendants
will file opposition not to exceed 7 pages, double spaced, by August 17, 2020.
c. Adverse Event and Complaint Data
The Parties met and conferred regarding search parameters of the Adverse Event
and Complaint Data. The Parties will continue to meet and confer on these issues and, if
they reach an impasse, the Parties have agreed that Plaintiffs will file a letter motion not
to exceed 10 double-spaced pages, and Zimmer will file a response not to exceed 10
double-spaced pages within 7 days thereafter.
V.

MOTION FOR PROTECTIVE ORDER
The Court heard argument from the Parties on Defendants’ Motion and Brief in

Support of Entry of a Protective Order Precluding the Depositions of Dr. Richard Berger

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Case 1:18-mc-02859-PAC Document 121 Filed 08/10/20 Page 3 of 3

and Dr. Paul Duwelius. Dkt. Nos. 286, 288. The Court denied Defendants’ motion in
Order 47 [Dkt. 292].

VI.

NEXT STATUS CONFERENCE
The next status conference will take place Tuesday, September 15, 2020 at 3:00

pm EDT.

SO ORDERED.
Dated: August 10 2020
________,
New York, New York

___________________________
PAUL A. CROTTY
United States District Judge

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