Opinion
MDL No. 1355, Section "L"
October 29, 2001
THIS DOCUMENT RELATES TO ALL CASES:
MINUTE ENTRY
A pretrial status conference was held October 25, 2001 at 9:00 a.m. in the courtroom of Judge Eldon E. Fallon. In attendance for Plaintiffs were Russ Herman, Leonard Davis, Dawn Barrios, Barry Hill, Chris Seeger, Ronald Goldsen, Arnold Levin, William Colvin, David Jacoby, James Renna, Bob Wright, James Dugan, Stephen Murray, Sr., Julie Jacobs, James Capritz, Carlos Prietto, Joseph Arshawsky, and John Kim. In attendance for Defendants were James Irwin, Thomas Campion, Quentin Urquhart, Jr., Charles Preuss, Miriam McMichael, Kim Meaders, Lori Moser, Guice Giambrone, Virginia Trainor, Isaac Ryan, and Chris G'sell. At the conference, counsel reported to the Court on the topics set forth in Joint Report No. 11 of Plaintiffs' and Defendants' Liaison Counsel. Toni Tusa served as Court Reporter.
1. Master Complaint/Answer
The Master Complaint was filed on October 5, 2001. Defendants intend to file a Master Answer on November 5, 2001.
2. Update to Rolling Document Production and Electronic Document Production
Defense Liaison Counsel ("DLC") advised the Court of several issues concerning document production. Regarding the production of the Beerse Belgium documents, there is a developing problem of "orphan data" which DLC described as data which is not easily identifiable with the Propulsid product. DLC informed that this data might actually be data connected with other products and, therefore, not subject to disclosure. DLC will confer with PLC and report further on this topic. Secondly, DLC informed the Court that it is prepared to deliver many videotapes to the plaintiffs, but indicated that the cost of production was substantial. Plaintiff Liaison Counsel ("PLC") indicated to the Court that plaintiffs do not intend to pay for the videotapes, but that they would agree to copy the tapes at their expense.
PLC and DLC will resolve these issues by the next meeting or else submit motions to place the issues before the Court for resolution.
3. State Liaison Counsel
PLC informed the Court that there have been several telephone conferences and meetings with attorneys involved in state court litigation regarding the coordination of opposition to the pending Motion for Injunctive Relief.
4. Plaintiff Profile Forms and Authorizations
Defendants Johnson Johnson and Janssen Pharmaceutica, Inc. filed a Motion to Dismiss with Prejudice the claims of Patty Absheir, Hugh Ford, Irvin Leitz and Gladys Rodriguez for failure to furnish a Patient Profile Form. In addition, Defendants Johnson Johnson and Janssen Pharmaceutica, Inc. filed several Motions to Dismiss with Prejudice the claims of those plaintiffs identified on the attached appendix to this Minute Entry for failure to furnish a Patient Profile Form. Plaintiff's opposed any dismissal with prejudice. Additionally, Plaintiff's attorneys Morris Bart and Michael Gallagher filed Motions to Withdraw as Counsel for those plaintiffs listed in the attached appendix (with exception of plaintiff Robert Harris, individually and on behalf of the estate of Pauline Harris, No. 01-1299, for which no Motion to Withdraw was filed). Defendants Johnson Johnson and Janssen Pharmaceutica, Inc. opposed the Motions to Withdraw. Following oral argument from John Kim for the Plaintiffs and James Irwin for the Defendants, the Court DENIED the Motions to Withdraw filed by attorneys Morris Bart and Michael Gallagher and GRANTED the Defendants' Motions to Dismiss with Prejudice.
Accordingly, IT IS ORDERED that the claims of Patty Absheir, Hugh Ford, Irvin Leitz, Gladys Rodriguez (No. 00-2737) as well as the claims of those plaintiffs identified on the attached appendix be and hereby are DISMISSED with prejudice.
On request of the parties, the Court will RESERVE RULING on the motions of Defendants Johnson Johnson and Janssen Pharmaceutica, Inc. to dismiss the claims of Betty Manasco, individually and on behalf of the Estate of Rickey Manasco (No. 01-1300); Lillie Chapman, individually and on behalf of the Estate of Carol Behre (No. 01-1303); Roy Vernon (No. 01-1297); Myra Gill as next friend to Alexa Gill, minor child, (No. 01-1298); Sandra McGowan (No. 01-1298); Vera Starkey (No. 01-1298); George Duet (No. 01-1296); and Rosemary Fredrick (No. 01-1739) until November 30, 2001.
5. Subpoena to FDA
PLC and DLC informed the Court that PLC has received the balance of all documents responsive to the FDA subpoena. However, PLC noted that there are problems with collation of data and Bates numbers. PLC reports that he has been in contact with FDA concerning these problems and that FDA is trying to resolve them. PLC anticipates receipt of certification of complete production from FDA in short order. At the next monthly status conference, counsel will update the Court on this issue.
6. Service List of Attorneys
DLC provided the Court with an updated list of attorneys in the MDL case as well as related state court cases.
7. Ongoing Studies
On October 10, 2001 PLC filed a Motion to Compel against BevGlen claiming failure to respond to PLC's subpoena duces tecum. PLC advised the Court that since that time, BevGlen has agreed to permit Defendants to assist in the collection of the documents responsive to the subpoena.
On request of PLC, the hearing on the Motion to Compel was continued until the next monthly status conference.
8. Third Party Subpoena Duces Tecum Issued by PSC
DLC informed the Court that he has provided to PLC a list of all the entities from which Defendant has requested certifications of completeness. If certifications are not made by the next monthly status conference, DLC will move to compel.
9. Motion to Enter Scheduling Order for Motion and Hearing on Class Certification
DLC and PLC will continue to work on a schedule order containing various cut-off dates which will be presented to the Court.
10. Plaintiffs' and Defendants' Respective Requests for Production of Documents
On May 22, 2001, Defendants served a Request for Production of Documents Propounded to Plaintiffs — Set No. One: Ongoing Studies. DLC informed the Court that the majority of plaintiffs have furnished Defendants with their responses; however, there remain approximately 24 plaintiffs' responses that remain outstanding. On June 5, 2001, Defendants served their Request for Production of Documents Propounded to Plaintiffs — Set No. Two. Defendants are awaiting a response.
11. Briefing on Injunction
PLC will provide the Court with a list of those attorneys who will participate in oral argument concerning the Motion for Injunctive Relief filed by Defendants which is set for hearing on November 15, 2001. The Court reminded PLC that every effort to coordinate the arguments of individual counsel should be made to avoid redundancy.
DLC and PLC indicated concerns over the dates on which both would be served with the memorandums in opposition to the Motion for Injunctive Relief and Defendants' reply to memorandums in opposition. Accordingly, all parties were directed to ensure that their memoranda are actually served on opposing counsel on the date on which the memoranda are due to this Court. This is necessary to ensure all counsel have maximum opportunity to review the documentation and to prepare for arguments.
12. Settlement Negotiations
Parties should designate a person on each side whose job is to consider settlement of the case. In the near future the Court will meet with the settlement teams to discuss how settlement negotiations should progress.
13. Scheduling of Next Pretrial Status Conference
The next pretrial status conference will be held on Friday, November 30, 2001 at 9:00 a.m.
APPENDIX: CLAIMS OF PLAINTIFFS DISMISSED WITH PREJUDICE
LEAD CASE PLAINTIFF NAME
Yvonne Adams #01-1300 Eva Beavers
Camelia Bychurch
Marguerite Cothern
Maudie Curney
Samella Addison #01-1303 Julia Agoff
Demetta Alexis
Marion Olsen, individually,
and on behalf of the
Estate of Carol Behre
Lillie Rose Chapman
Florence Cheatham
Rose Douglas
Oretha Fluker
Thomas Gordon
Venus Green
Jeanette Forsythe, as
next friend to Sydni Henke,
minor child
Annette Irvin
Harold Ishee
Gail Lenormand
Rosemary Macaluso
Elizabeth Miguez
Carmenzette Moten
Stephanie Payne, as next friend to
Jasmine Payne, minor child
Evelyn Portier
Tanya Sandras
Katherine Simon
Beverly Territo
Katherine Verrette
Charles Williams, Sr.
Wayne Conley Alford #01-1297 Wayne Conley Alford, individually
and on behalf of the Estate of
Mattie Alford
Elizabeth Ballard
Bette D. Brown
Rosalie Burkhamer
Robert Ebersole, Sr.
Linda Foster
Annie Lloyd
Irene Mabry
Theresa Newman
Audrey Sauls
Gail Alix #01-1304 Orelia Anderson
Alanna Bailey
Gloria Butler
Betty Cardwell
Steven Clark
Joann Cyres
Rosalyn Davis
Josephine Ebbs
Harry Encalade, Jr.
Sheryl Freeman
Stacey Jackson
Lisa S. Johnson
Beverly King
Quinsonna Lucas
Raymond Manson
Toni Marshall
Ritamae Martinez
Qiana Mitchell, as next friend to
Damon Mitchell, minor child
Ellawean Owens
Shirley Paul
Frances Penn
Sarah Pennwright, as next friend
to Charles Pennwright, minor
child
Sheila Pierre
Deneen Quinn
Georgia Shelmire
Karen Small
Cynthia Songy
Ardis Stewart
Nietra Stroman
Joann Strong
Meri Taylor
Firmen Thomas
Linda S. Thomas
Bennette Williams, Jr.
Pearline Anderson #01-1298 R. C. Armstrong
Blanche Barbato
Geraldine Berggren
Janet Bodden
Raymond Boykin
Mona Burke, as next friend to
Zachary Burke, minor child
Catrice Burrell
Stephanie Champagne, as next
friend to Melissa Champagne,
minor child
Taylor Champagne
James Coleman
Dawn Constanzi, as next friend
to Darrin Constanzi, Jr., minor
child
Helen Ducayag
Brett Fredenburg
Tonia Garner
Angela Germany
Brenda K. Griffin
William D. Harris
Lena Hendrix, as next friend to
Raymond Hendrix, minor child
Alannah Hiller
Paulina Johnson
Dorothy Jones
Dorothy Lane
Leslie Mabry, Jr.
Gordon Martine
Constance Dunbar, as next friend
to Carnell Mclendon, Jr.,
minor child
Gerald Melerine
Zena Munster, as next friend to
Austin Munster, minor child
James Panter
Jacqueline Parker, as next friend
to Jaycob Parker, minor child
Gilda Rachel
Toyah Reddix, as next friend to
Tyrianna Reddix, minor child
Robert Robertson
Joseph Robinson, III
Pat Sanford, Jr.
Doris Scott
Debra Skipper
Shealyn Starks, as next friend to
Deondre Starks, minor child
Tammy Armone, as next friend to
Samantha Stoetzner, minor child
Larry Stogner
Noland Thibodeaux
Lucille Thompson, as next friend
to Ra'neke Thompson, minor child
Lori Treither, as next friend to
Carl Treither, III, minor child
Melodie Villemarette
Cynthia Washington
Golda Williams
Linda Dufrene, as next friend to
Lauren Zehr
Elise Ansardi #01-1294 Elise Ansardi
Anthony Domino
Timothy Hellers
Carolyn Lindsey
Betty North
Junius Banks #01-1476 Brenda Marshall
Gregory Batiste #01-1299 Lorraine Blake
William Boni, as next friend to
Blain Boni, minor child
Shirley Dailey
Helen Ehrlicher
Barbara Foret
Kurt Gibbe, Jr.
Robert Harris, individually and
on behalf of the estate of
Pauline Harris
Yvonne Kirk
Irwin Leitz
Mark Lemus
Annie Nevis
Melvyn Oalmann
Anthony Palermo
Elaine Randazzo
Johnnie Thomas
Ronald Blanchard #01-1296 Ronald Blanchard
Odessena Brown
Laura Gravois
Agnes Puebla, as next friend to
Don Ray Puebla, minor child
Theodora Simoneaux
Audrey Turner
Valerie Boudreaux #01-1292 Valarie Boudreaux
Christine Collins
Aaron Dark, Sr.
Linwood Dupre
Frances Farrington
Jerri Chesteen #01-1738 Treasure Armond
Martha Ford
Linda Dufrene #01-1295 Danielle Jarrow
Wilfred Vosberg, III
Michael Harris #01-1302 Michael Harris
Judy Lipscomb