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
205
OPINION & ORDER re: (496 in 1:18-md-02859-PAC) MOTION to Stay Remaining Initial Bellwether Trial Pool Cases Pending Nutting Appeal, filed by Plaintiffs' Executive Committee. The Court GRANTS Plaintiffs' motion to st ay the remaining initial bellwether cases. The cases Pride, No. 18-cv-10649, Goode, No. 19-cv-3504, and Little, No. 18-cv-10393 are STAYED pending the resolution of the appeal in Nutting, No. 19-cv-699. Zimmer and the PEC shall meet and confer before jointly submitting a proposed briefing schedule for a selecting a second round of four bellwether cases in this MDL. That schedule shall be filed by January 3, 2022. The Clerk of Court is directed to close the motion at 18-md-2859, ECF number 496. SO ORDERED. (Signed by Judge Paul A. Crotty on 12/16/2021) (va)
that Nutting affects Pride, at least somewhat, and the Court can dispose of that argument if the
PEC raises it after the Nutting appeal. In any event, this Court lacks the power to force the
individual plaintiffs to enter consent judgments. See Loe. No. 93, Int'! Ass'n ofFirefighters, AFLĀ
C/O C.L.C. v. City of Cleveland, 478 U.S. 501, 522 (1986). Instead, the Court exercises its
discretion to stay the remaining initial bellwethers pending in the Nutting appeal, in the interest of
efficiently resolving a major issue at the crux of the MDL.
CONCLUSION
The Court GRANTS Plaintiffs' motion to stay the remaining initial bellwether cases. The
cases Pride, No. 18-cv-10649, Goode, No. 19-cv-3504, and Little, No. 18-cv-10393 are STAYED
pending the resolution of the appeal in Nutting, No. 19-cv-699. Zimmer and the PEC shall meet
and confer before jointly submitting a proposed briefing schedule for a selecting a second round
of four bellwether cases in this MDL. That schedule shall be filed by January 3, 2022.
The Clerk of Court is directed to close the motion at 18-md-2859, ECF number 496.
Dated: New York, New York
December 16, 2021
SO ORDERED
HONORABLE PAUL A. CROTTY
United States District Judge
12
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?