Opinion
MDL 2924 20-MD-2924
05-12-2022
IN RE: ZANTAC (RANITIDINE) PRODUCTS MDL NO. 2924 LIABILITY LITIGATION THIS DOCUMENT RELATES TO ALL CASES
BRUCE E. REINHART, MAGISTRATE JUDGE
PRETRIAL ORDER # 77 ORDER SETTING DAUBERT AND SUMMARY JUDGMENT BRIEFING SCHEDULE
ROBIN L. ROSENBERG UNITED STATES DISTRICT JUDGE
The Court previously imposed pretrial deadlines and a case management schedule in Second Amended Pretrial Order # 65 (DE 4460). This Order addresses with greater specificity the Daubert and science-related summary judgment briefing schedule and hearings.
The Court sets the following Daubert and science-related summary judgment briefing and hearing schedule:
| Deadline | Event |
| June 13, 2022 | Defendants' Daubert motions seeking to challenge Plaintiffs' expert testimony pertaining to general causation and a summary judgment motion pertaining to the limited question whether ranitidine can cause one of the five designated cancers |
| July 6, 2022 | Plaintiffs' Daubert motions seeking to challenge Defendants' expert testimony pertaining to general causation and a summary judgment motion pertaining to the limited question whether ranitidine can cause one of the five designated cancers |
| August 1, 2022 | Plaintiffs' oppositions to Defendants' Daubert motions/summary judgment motion |
| August 22, 2022 | Defendants' replies in support of Daubert motions/summary judgment motion |
| August 24, 2022 | Defendants' oppositions to Plaintiffs' Daubert motions/summary judgment motion |
| September 14, 2022 | Plaintiffs' replies in support of Daubert motions/summary judgment motion |
| September 20, 2022 | Hearing on Defendants' Daubert motions/summary judgment motion-time for each argument will be allotted in a future Order; the parties should remain available on September 21 and September 22, should the Court conclude that it requires additional time |
| September 28, 2022 | Hearing on Plaintiffs' Daubert motions/summary judgment motion-time for each argument will be allotted in a future Order; the parties should remain available on September 29 and September 30, should the Court conclude that it requires additional time |
For the filing of Daubert motions and a summary judgment motion on general causation issues only, either Plaintiffs or Defendants may select either option below for their own Daubert motions directed to the other side's experts and their summary judgment motion, if any.
Option 1:
Plaintiffs and/or Defendants may choose to file one Daubert motion per expert and one summary judgment motion. In this event, the opposing side (i.e., Plaintiffs and/or Defendants) may file one corresponding opposition, and the moving side may then submit one reply to each Daubert motion and one reply to a motion for summary judgment. The motions, responses, and replies are subject to the local rules on page limitations.
Option 2:
Plaintiffs and/or Defendants may choose to file no more than four briefs in support of their Daubert motions/summary judgment motion not to exceed 200 pages collectively. The opposing party will have the same number of pages to submit corresponding oppositions not to exceed 200 pages in total. The moving party may then submit reply briefs not to exceed 85 pages collectively.
Further, the Daubert motions/summary judgment hearings will take place in person on the dates set forth herein. Plaintiffs have proposed-and Defendants do not object-that the hearings will be limited to oral argument by counsel and expert witnesses presumptively will not appear or be called for live testimony. However, should the Court decide that live testimony from any expert witness will assist the Court, Defendants defer to the Court's preferences. At this time, the parties may assume that the Court will limit the hearings to oral argument by counsel. As the Court analyzes the motions and better understands the parties' respective arguments, however, the Court may inform the parties that it will utilize the additional hearing days set forth above for remote/live, in-person testimony from specific experts. The parties are directed to inform their respective experts of the dates set forth above and the possibility that the Court will require in-person testimony.
The Court may require the parties to file the depositions of their respective experts into the court file.
All pretrial deadlines in this case, including the deadlines set forth in Pretrial Order # 65, remain in full force and effect.
DONE and ORDERED