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 54

ORDER NO. 30 REGARDING THE SECOND AMENDED SCHEDULE: The Proposed Second Amended Schedule submitted by the Parties is to adjust for delays experienced in the Bellwether Selection Process. See Dkt. 170; Dkt. 163. The Court accepts November 19, 2019 as the Deadline for the Parties to Provide the Court with the Second Bellwether Selection Pool List. The Defendants asks the Court to require the PEC to provide the bases for any Lexecon objections for cases eligible for the Second Bellwether Se lection Pool. Dkt. 171, at 2-3. The Court is disinclined to impose a requirement now that was not provided for by the Parties in Order No. 19, the lodestar for this Bellwether Selection Process. See Dkt. 102. The Court remains alert to the potentia l for Lexecon objections to be used to remove disfavored cases, and reminds all Parties of Order No. 19's admonition that the Parties participate in the Bellwether Selection Process "in good faith" and with the goal of selecting c ases that are "representative," and not those that "present[] unique or idiosyncratic facts or law." Id. at 5. The Court selects December 20, 2019 for the Deadline to Complete Non-Case Specific Written Discovery and Document Pr oduction Related to the Products, Including Production of Email from the Custodians. Dkt. 171, Attachment 1, at 1. This represents an approximately two-month adjustment, which adequately reflects the delay in bellwether selection. The Court will n ot interpose a new Deadline to File Motion to Compel on Non-Case Specific Written Discovery and Document Production Related to the Product. As the Parties note, this "deadline was not previously part of the Scheduling Order." Id. at 2. Fi nally, the Court adopts January 25, 2021, as the revised MDL Bellwether Trial #1 Start Date. Id. at 4. This date similarly reflects an adjustment of about two and a half months from the date previously agreed to in Order No. 26, see Dkt. 139, at 3, and accounts for the holiday season and New Year. The Parties will submit a finalized Second Amended Schedule reflecting these dates by November 16, 2019, for approval by the Court. (Signed by Judge Paul A. Crotty on 11/13/2019) (rro)