Opinion
Civil Action No. 00-CV-00001.
December 10, 2004
ORDER
In order to ensure that opt-out plaintiffs are adequately represented on matters of common interest to all litigants, pursuant to Art. 6.03(b) of the Litigation Facility Agreement, the Court hereby appoints the following lawyers and law firms to serve in the capacity of Representatives of Opt Out Claimants:
Leslie J. Bryan and Ralph I. Knowles Doffermyre Shields Canfield Knowles Devine 1355 Peachtree Street, Suit 1600 Atlanta, GA 30309 404-881-8900 (telephone) 404-881-3007 (fax) lbryan@dsckd.com rknowles@dsckd.com
Fredric L. Ellis Ellis Rapacki 85 Merrimac Street, Suite 500 Boston, MA 02114 617-523-4800 (telephone) 617-523-6901 (fax) rellis@ellisrapacki.com
These lawyers are charged with formulating (in consultation with other counsel as necessary) and presenting positions on substantive and procedural issues that affect more than individual cases as they arise during the litigation. They are authorized to act on behalf of all opt out litigants in presenting written and oral arguments and suggestions to the Court, working with opposing counsel, the Court, and the Special Master in developing and implementing a litigation plan, initiating and organizing discovery requests and responses, conducting the principal examination of deponents, employing experts, arranging for support services, and, generally, seeing that the Court's schedule is met.
In addition, the Court hereby appoints the Office of Plaintiffs' Liaison Counsel from MDL-926 (In re Silicone Gel Breast Implants Products Liability Litigation) to serve as Liaison Counsel here. In that capacity, the Office of Plaintiffs' Liaison Counsel is charged with essentially administrative matters, such as communications between the Court and other counsel (including receiving and distributing notices, orders, motions, and briefs on behalf of plaintiffs), convening meetings of plaintiffs' counsel to the extent necessary, advising parties of developments, and otherwise assisting in the coordination of activities.
Nothing in this Order imposes any responsibility on either the Representatives of Opt Out Claimants or the Office of Plaintiffs' Liaison Counsel to provide assistance in any individual case or to provide representation in any individual case.
The terms of this order may be modified from time to time as the Court deems appropriate.
SO ORDERED.