Opinion
MDL DOCKET NO. 1396
April 11, 2003
PRETRIAL ORDER NO. 24
The parties having stipulated thereto, it is hereby ordered:
1. All discovery in these proceedings, except as delineated in paragraph 12 of this pretrial order, is stayed until June 2, 2003.
2. The deadline for completion of generic fact discovery set forth in Pretrial Order No. 16 and extended by Pretrial Order No. 22 is extended to September 2, 2003.
3. The deadlines to complete medical examinations and case-specific fact discovery set forth in paragraph I(D) and I(E) of Pretrial Order No. 20 and extended by Pretrial Order No. 22 are extended to October 2, 2003.
4. The deadline to complete mandatory mediations set forth in paragraph I(F) of Pretrial Order No. 20 and extended by Pretrial Order No. 22 is extended to February 2, 2004.
5. The deadline for disclosure of plaintiff's case specific experts set forth in paragraph I(G) of Pretrial Order No. 20 and extended by Pretrial Order No. 22 is extended to November 3, 2003.
6. The deadline for disclosure of defendants' case specific experts set forth in paragraph I(H) of Pretrial Order No. 20 and extended by Pretrial Order No. 22 is extended to December 2, 2003.
7. The deadline for disclosure of supplemental case specific experts set forth in paragraph I(I) of Pretrial Order No. 20 and extended by Pretrial Order No. 22 is extended to January 2, 2004.
8. The deadline for filing the remand report set forth in paragraph II(A) of Pretrial Order No. 20 is extended to March 2, 2004.
9. The deadline for Plaintiff's Identification of Generic Expert Witnesses set forth in paragraph III(A) of Pretrial Order No. 21 and extended by Pretrial Order No. 23 is extended to September 2, 2003.
10. The deadline for Defendants' Identification of Generic Expert Witnesses set forth in paragraph III(B) of Pretrial Order No. 21 and extended by Pretrial Order No. 23 is extended to October 2, 2003.
11. The deadline for submission of a joint list of experts who qualify for generic depositions as set forth in paragraph III(C) of Pretrial Order No. 21 and extended by Pretrial Order No. 23 is extended to two (2) weeks after the deadline for Defendants' Identification of Generic Expert Witnesses as newly established by this Pretrial Order.
12. The discovery stay delineated in paragraph 1 of this pretrial order shall not apply to:
a. Plaintiff's obligation to provide a completed "Plaintiff's Initial Disclosure" as set forth in Paragraph I(C) of Pretrial Order No. 20.
b. St. Jude Medical's continuing efforts to collect medical records in pending individual personal injury cases.
c. Depositions noticed for the sole purpose of preserving the testimony of a party or material third party witness that are necessary to prevent prejudicing a party's interest in the litigation. The parties shall meet and confer in advance of the scheduling of any such deposition in an attempt to resolve any issues that may arise.
d. The continued deposition of James Ladner.
e. St. Jude Medical's obligation to identify by April 30, 2003:
1. The states in which each U.S. Silzone valve recipient resided at the time of implant;
2. The states in which each U.S. Silzone valve recipient was implanted.
IT IS SO ORDERED: