Pecher, Janet v. Weyerhaeuser Company et al

Filing 416

ORDER denying as moot 393 Motion to Continue Consolidated Trial Date. Granting in part and denying in part 397 Motion for Separate Trials and for Non-Bifurcated Consideration of Liability and Compensatory Damages (Sealed Docum ent). Granting 413 Motion for Leave to File Reply in Support of Motion for Separate Trials. Jury Selection and Trial set for 3/16/2016 at 9:00 am. Pretrial deadlines are governed by the Pretrial Conference Order dkt. # 58 -'147. Signed by District Judge William M. Conley on 12/15/2015. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MILTON BOYER and KATHY BOYER,
Plaintiffs,

ORDER

v.
14-cv-286-wmc
WEYERHAEUSER COMPANY, 3M COMPANY,
and METROPOLITAN LIFE INSURANCE
COMPANY,
Defendants.
---------------------------------------------------------------------------------------------------------------------------KATRINA MASEPHOL, Individually and as Special
Administrator on behalf of the Estate of Richard Masephol,
Plaintiff,
v.
14-cv-186-wmc
WEYERHAEUSER COMPANY, 3M COMPANY,
and METROPOLITAN LIFE INSURANCE
COMPANY,
Defendants.
---------------------------------------------------------------------------------------------------------------------------JANET PECHER, Individually and as Special
Administrator on behalf of the Estate of Urban Pecher,
Plaintiff,
v.
14-cv-147-wmc
WEYERHAEUSER COMPANY, 3M COMPANY,
and METROPOLITAN LIFE INSURANCE
COMPANY,
Defendants.
----------------------------------------------------------------------------------------------------------------------------

THERESA SYDOW, Individually and as Special
Administrator on behalf of the Estate of Wesley F. Sydow,
Plaintiff,
v.
14-cv-219-wmc
WEYERHAEUSER COMPANY, 3M COMPANY,
and METROPOLITAN LIFE INSURANCE
COMPANY,
Defendants.
Before the court are two motions by defendant 3M Company. In the first motion,
3M asks the court to revisit its order consolidating the four above-captioned cases for
trial, seeking instead to proceed with four, non-bifurcated trials. (‘286 dkt. #439; ‘186
dkt. #506; ‘147 dkt. #397; ‘219 dkt. #457.) To the extent the court determines to
proceed with one consolidated trial, 3M’s second motion requests that the court move
that trial, currently scheduled for February 16, 2016, to a date no earlier than June 27,
2016. (‘286 dkt. #435; ‘186 dkt. #502; ‘147 dkt. #393; ‘219 dkt. #453.)1
While the court gives little weight to 3M’s concerns about a jury considering
individual issues within a consolidated trial, the court will nonetheless reconsider its
decision to consolidate the four above-captioned trials in light of the fact that, at least for
some of the plaintiffs, their claims against Weyerhaeuser are likely to survive summary
judgment and, therefore, from the court’s viewpoint, it may be overly complicated for a
jury to consider the liability of multiple defendants to multiple plaintiffs, rather than

1

3M recently filed motions seeking leave to file attached replies in support of both motions.
(‘286 dkt. ##456, 458; ‘186 dkt. ##522, 524; ‘147 dkt. ##413, 415; ‘219 dkt. ##475, 477.)
These motions are granted and the court has considered the replies in arriving at its decision here.

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proceed with trials by individual plaintiff.2 Accordingly, the court will reschedule the
trials in Boyer, Masephol, Pecher and Sydow as detailed below.3
To the extent an individual plaintiff’s claims against Weyerhaeuser survive
summary judgment, then a jury will consider those claims along with any others asserted
against 3M in one trial.4

As part of its summary judgment decisions, the court will also

address whether the jury will be presented with claims on a bifurcated basis (some
elements of liability in phase 1 with causation and damages in phase 2), or perhaps even
a trifurcated basis (some elements of liability in phase 1, causation in phase 2, and
damages in phase 3).
In its reply submission, 3M also raises some concern about a March date for any
consolidated trial. Since July 10, 2014, however, the Pecher trial has been set for March
14, 2016. (7/10/14 Order (‘147 dkt. #58).) As such, 3M’s counsel -- or at least not all
three trial counsel -- cannot credibly claim to be unavailable for the Pecher trial that week.
Absent an extraordinary showing, therefore, the Pecher trial will proceed March 16, 2016.
To the extent delays in discovery in Pecher referenced in 3M’s reply may now jeopardize
that trial date, the parties should expedite any further discovery to the extent they have
not already done so, including plaintiff’s production of requested social security records.
2

Depending upon further developments in some of the pending cases, however, the curt may still
consider consolidating the trials of two or more plaintiffs against a lone defendant.
3

In rescheduling the trials in the four above-captioned cases, the court will strike the current trial
dates and related pretrial deadlines in Prust, No. 14-cv-143 and Jacobs/Treutel, No. 12-cv-899,
altogether. Those dates will be rescheduled, if necessary, in the court’s order on defendant
Weyerhaeuser’s motions for summary judgment.
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The court expects to issue its summary judgment and Daubert decisions shortly, and certainly by
the middle of January.

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ORDER
IT IS ORDERED that:
1. 3M’s motion for leave to file reply briefs (‘286 dkt. #456, 458; ‘186 dkt. #522,
524; ‘147 dkt. #413, 415; ‘219 dkt. #475, 477) are GRANTED.
2. 3M’s motions for separate trials and for non-bifurcated consideration of
liability and damages (‘286 dkt. #439; ‘186 dkt. #506; ‘147 dkt. #397; ‘219
dkt. #457) are GRANTED IN PART AND DENIED IN PART.
a. Pecher, No. 14-cv-147:
i. Trial date: March 16, 2016
ii. Pretrial deadlines are governed by the Pretrial Conference Order
entered in Pecher (‘147 dkt. #58)
b. Boyer, No. 14-cv-268
i. Trial date: May 9, 2016
ii. Pretrial deadlines are governed by the Pretrial Conference Order
entered in Prust (‘143 dkt. #61)
c. Sydow, No. 14-cv-219
i. Trial date: June 6, 2016
ii. Pretrial deadlines are governed by the Pretrial Conference Order
entered in Sydow (‘219 dkt. #179)
d. Masephol, No. 14-cv-186
i. Trial date: July 11, 2016
ii. Pretrial deadlines are governed by the Pretrial Conference Order
entered in Jacobs (‘899 dkt. #113)

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3. 3M’s motions to continue consolidated trial date (‘286 dkt. #435; ‘186 dkt.
#502; ‘147 dkt. #393; ‘219 dkt. #453) are DENIED AS MOOT.
Entered this 15th day of December, 2015.
BY THE COURT:

/s/
__________________________________
WILLIAM M. CONLEY
District Judge

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