Opinion
MDL 2924 20-MD-2924
04-04-2022
BRUCE E. REINHART, MAGISTRATE JUDGE.
PRETRIAL ORDER # 75
ORDER AMENDING THE DUTIES OF THE SPECIAL MASTER
ROBIN L. ROSENBERG, UNITED STATES DISTRICT JUDGE.
THIS DOCUMENT RELATES TO: ALL CASES
Since the Court's appointment of the Special Master in Pretrial Order # 12, the procedural posture of this MDL has changed. Whereas at the time of entry of Pretrial Order # 12 this MDL was in its early stages, and whereas in the months that followed the parties were engaged in general causation discovery, the focus of this MDL has now turned to expert discovery, expert challenges, and bellwether trial preparation. After consultation with the parties about how the Special Master may be best utilized in the future, and with the consent and approval of the parties, the Court hereby AMENDSthe duties of the Special Master as follows. The duties of the Special Master shall be limited to:
To the extent any pretrial order conflicts with this pretrial order, this pretrial order controls.
• The Special Master's role pertaining to census and registry issues arising under Pretrial Orders 15, 38, 42, 50, 51, 53, 55, 56, 58, 59, 64 and 72.
• The Special Master's responsibilities as designated in Pretrial Orders 69, 70, and 71.
• The Special Master's role pertaining to disputes arising out of the limited fact discovery conducted pursuant to the Joint Pretrial Stipulation on Discovery Extending Beyond the January 24, 2022 Deadline in Pretrial Order # 65 [DE 5230], with the exception of (i) discovery associated with the Stipulation Regarding
Discovery of Affirmative Defenses, filed February 11, 2022 [DE 5229] and (ii) discovery related to the Sanofi email preservation issue as agreed by the parties or as ordered by the Court.
• Administrative case management, such as facilitating communications with the Court regarding hearing dates and agendas.
All other duties of the Special Master, including the meet and confer process outlined in Pretrial Order # 32, are VACATED. This Order has no effect on the provisions in Pretrial Order # 12 that do not concern the Special Master's duties, including paragraphs 3-6 and 8-9.
DONE and ORDERED.