In re: Acetaminophen - ASD-ADHD Products Liability Litigation

Filing 35

ORDER: APPOINTMENT OF CENSUS SPECIAL MASTER: Accordingly, it is hereby ORDERED that: Randi S. Ellis is appointed as the Census Special Master. The Census Special Master may retain other professionals whose services she determines to be necess ary and appropriate to conduct and complete her work and to assist her with her duties as Census Special Master. The Census Special Master, and her agents and representatives, shall be paid their standard hourly rate and reimbursed for reasona ble out-of-pocket expenses in connection with the discharge of her duties. Plaintiffs' leadership shall pay 50% of the fees and expenses of the Census Special Master, her agents, and her representatives. Defendants shall pay the other 50%. (Signed by Judge Denise L. Cote on 12/23/2022) (ate)

Case 1:22-mc-03043-DLC Document 35 Filed 12/23/22 Page 1 of 4

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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IN RE: Acetaminophen – ASD-ADHD
Products Liability Litigation
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22md3043 (DLC)
22mc3043 (DLC)
ORDER: APPOINTMENT
OF CENSUS SPECIAL
MASTER

DENISE COTE, District Judge:
The plaintiffs in this MDL assert that children developed
autism spectrum disorder and/or attention-deficit/hyperactivity
disorder as a result of in utero exposure to acetaminophen.
Because of the large number of related cases that it is
anticipated plaintiffs will file and the common interest of the
parties and the Court in having access to information and
documents concerning the cases in this MDL and associated with
any related litigation filed in state court, the Court has
determined that it would be beneficial to appoint a special
master to assist with the implementation and oversight of a
Census of Filed Cases (the “Census”).
As required by Federal Rule of Civil Procedure 53(b)(1),
the parties were given notice on November 17, 2022, and an
opportunity to be heard regarding the appointment of a Census
Special Master.

The parties jointly proposed on November 30 the

appointment of Randi S. Ellis of Randi S. Ellis, LLC as the
Census Special Master.

On December 7, all parties were given

Case 1:22-mc-03043-DLC Document 35 Filed 12/23/22 Page 2 of 4

notice of the Court’s consideration of that appointment.
Objections to the appointment of Ms. Ellis were due on December
14, and no objection was filed.

On December 12, Ms. Ellis filed

a declaration that states that she has no relationship that
requires disqualification under the standards set out at 28
U.S.C. § 455.

Accordingly, it is hereby

ORDERED that:
1.
Master.

Randi S. Ellis is appointed as the Census Special
The Census Special Master may retain other

professionals whose services she determines to be necessary and
appropriate to conduct and complete her work and to assist her
with her duties as Census Special Master.
2.

During the course of these proceedings, the Census

Special Master and the parties will notify the Court promptly if
they become aware of any grounds that would require
disqualification of Ms. Ellis to serve as the Census Special
Master.
3.

The Census Special Master shall perform any and all

duties assigned to her by the Court (as well as any ancillary
acts required to fully carry out those duties) as permitted by
both the Federal Rules of Civil Procedure and Article III of the
Constitution.

The Court directs the Census Special Master to

proceed with all reasonable diligence in carrying out her duties
as assigned by the Court.
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Case 1:22-mc-03043-DLC Document 35 Filed 12/23/22 Page 3 of 4

4.

The Census Special Master shall meet and confer with

Plaintiffs’ Co-Lead Counsel and the members of Defendants’
Leadership, individually or together in her discretion, and make
reports and recommendations, including proposing orders,
regarding the creation of the Census.

Those recommendations

shall include (a) identification of a database platform to host
the Census; (b) discussion of how to best effectuate the Census,
including discussion of what data and documents should be
collected regarding filed cases, the means of collecting the
data and documents, the timing of collection, and the means for
maintaining this database; and (c) a proposed order regarding
the form of the Census and the parties’ obligations with respect
to the Census.
5.

The Census Special Master shall make periodic reports

to the Court regarding the progress in executing her role and
duties.
6.

At a minimum, such reports shall be made monthly.
The Census Special Master will file any written

reports, proposed orders, findings, and/or recommendations with
the Court on the MDL docket 22md3043.

Such filing will fulfill

the Special Master’s duty to serve the parties.
7.

The Census Special Master, and her agents and

representatives, may communicate ex parte with the Court and
with any party’s counsel for the purpose of fulfilling her role
and duties.
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Case 1:22-mc-03043-DLC Document 35 Filed 12/23/22 Page 4 of 4

8.

The Census Special Master, and her agents and

representatives, shall maintain billing records of the time
spent on this matter, with descriptions of the activities and
matters worked on, which shall be submitted to the parties on a
periodic basis for review and payment.

The Census Special

Master shall confer with both Plaintiffs’ and Defendants’
leadership regarding the timing and means of providing any such
invoices for payment.
9.

The Census Special Master, and her agents and

representatives, shall be paid their standard hourly rate and
reimbursed for reasonable out-of-pocket expenses in connection
with the discharge of her duties.
10.

Plaintiffs’ leadership shall pay 50% of the fees and

expenses of the Census Special Master, her agents, and her
representatives.
Dated:

Defendants shall pay the other 50%.

New York, New York
December 23, 2022
DENISE COTE
United States District Judge

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