MDL - 2592 Xarelto Products Liability Litigation

The Honorable Eldon E. Fallon
500 Poydras Street, Room C-456
New Orleans, LA 70130
 
May 18, 2016    PDF icon Pretrial Order #24A, PDF icon Pretrial Order #29

On this date, the Court issued Pretrial Order 24A, which provides supplemental procedures for voluntary dismissal motions.  The Court also issued Pretrial Order 29, which sets procedures for notices of voluntary dismissal.


April 28, 2016    PDF icon Pretrial Order #28

On this date, the Court issued Pretrial Order 28, which governs the protocol for ex parte physician contact by the parties.


April 22, 2016    PDF icon Pretrial Order #27

On this date, the Court issued Pretrial Order 27, which concerns Plaintiff Fact Sheets and Defendant Fact Sheets


April 21, 2016    PDF icon Pretrial Order #26

On this date, the Court issued Pretrial Order 26, which governs bellwether deposition protocol.


April 18, 2016    PDF icon Pretrial Order #11F

On this date, the Court issued Pretrial Order 11F, which clarified Pretrial Order 11E.


April 14, 2016    PDF icon Pretrial Order #25

On this date, the Court issued Pretrial Order 25, which governs the production of materials pursuant to subpoenas of third parties.


March 23, 2016    PDF icon Pretrial Order #24

On this date, the Court issued Pretrial Order 24, which governs the voluntary dismissal of cases for lack of subject matter jurisdiction. 


March 22, 2016    PDF icon Pretrial Order #11E

On this date, the Court issued Pretrial Order 11E, which set a deadline for the filing of all Joint Complaints as defined in PTO 11. 


February 17, 2016    PDF icon Pretrial Order #23

On this date, the Court issued Pretrial Order 23, which set deposition guidelines.


January 27, 2016    PDF icon Pretrial Order #11D, PDF icon Pretrial Order #11D Attachment A

On this date, the Court issued Pretrial Order 11D, which provided an updated exemplar Joint Complaint.


January 6, 2016    PDF icon Pretrial Order #14B, PDF icon Pretrial Order #14B Exhibit 1

On this date, the Court issued Pretrial Order 14B and Pretrial Order 14B Exhibit 1, which modified the discovery procedure for IMS Data and Defendant Fact Sheets.


December 17, 2015    PDF icon Case Management Order #4

On this date, the Court issued Case Management Order #4, which set the bellwether discovery pool selection process and established the eligibility criteria for the discovery pool.


December 11, 2015    PDF icon Pretrial Order #22

On this date, the Court issued Pretrial Order 22, which concerned the discovery of mailing lists for “Dear Doctor” letters. 


November 30, 2015    PDF icon Amended Case Management Order #3

On this date, the Court issued an Amended Case Management Order #3, which clarified language regarding the distribution of randomized and party selections for discovery pool plaintiffs.


November 20, 2015    PDF icon Case Management Order #3

On this date, the Court issued a Case Management Order #3, which concerned the distribution of the plaintiffs to be selected for the discovery pool.


October 21, 2015    PDF icon Pretrial Order #15B

On this date, the Court issued Pretrial Order 15B, which regards the preservation of emails, text messages, and instant messages.


September 17, 2015    PDF icon Case Management Order #2, PDF icon Pretrial Order #21

On this date, the Court issued Case Management Order #2. The Court also issued Pretrial Order 15A, which regards the preservation of emails, text messages, and instant messages. The Court also issued Pretrial Order 21, which establishes document production protocol.


May 4, 2015    PDF icon Case Management Order #1, PDF icon Pretrial Order #11, PDF icon Pretrial Order #13, PDF icon Pretrial Order #14

On this date, the Court issued Case Management Order #1. The Court also issued Pretrial Order #11, governing the bundling of Complaints and Answers; Pretrial Order #13, outlining the form and schedule for service of Plaintiff Fact Sheets; and Pretrial Order #14, outlining the form and schedule of service of Defendant Fact Sheets. For more information about all Pretrial Orders, see the Pretrial Orders tab.


February 13, 2015    PDF icon Pretrial Order #8

On this date, the Court issued Pretrial Order #8, establishing standards and procedures for counsel seeking reimbursement for common benefit fees and costs.


February 9, 2015    PDF icon Pretrial Order #7

On this date, the Court issued Pretrial Order #7, appointing the Plaintiffs’ Steering Committee (“PSC”) and the PSC Executive Committee.


February 3, 2015    PDF icon Pretrial Order #6

On this date, the Court issued Pretrial Order #6, appointing Susan M. Sharko and Steven Glickstein as Co-Lead Defense Counsel.


January 26, 2015    PDF icon Pretrial Order #4, PDF icon Pretrial Order #4A
The Court issued Pretrial Order #4, ordering all counsel to provide updated contact information to liaison counsel within five (5) days of receipt of this order. Counsel shall use the Counsel Contact form, found in Pretrial Order #4A, to provide liaison counsel with their updated contact information.

January 16, 2015    PDF icon Pretrial Order #2, PDF icon Pretrial Order #3
On this date, the Court issued Pretrial Order #2 appointing Gerald E. Meunier and Leonard A. Davis as Co-Plaintiffs’ Liaison Counsel. The Court also issued Pretrial Order #3 appointing James B. Irwin as Defendants’ Liaison Counsel.

December 17, 2014    PDF icon Pretrial Order #1
Pursuant to Pretrial Order #1, the initial pretrial conference will be held on Thursday, January 29, 2015, at 9:00 a.m. in the Courtroom of Judge Eldon E. Fallon. Position papers are due by 1/20/15. Applications/nominations for the designation of liaison counsel must be filed by 1/15/15; applications for Steering Committee must be filed by 2/2/15.

December 17, 2014    PDF icon Transfer Order

Transfer Order received from MDL Panel transferring civil action cases to the Eastern District of Louisiana.


May 19, 2016    PDF icon Pretrial Order #29

This Order sets procedures for notices of voluntary dismissal.


April 28, 2016    PDF icon Pretrial Order #28

This Order governs the protocol for ex parte physician contact by the parties.


April 22, 2016    PDF icon Pretrial Order #27

This Order concerns Plaintiff Fact Sheets and Defendant Fact Sheets


April 21, 2016    PDF icon Pretrial Order #26

This Order governs bellwether deposition protocol.


April 14, 2016    PDF icon Pretrial Order #25

This Order governs the production of materials pursuant to subpoenas of third parties.


May 18, 2016    PDF icon Pretrial Order #24A

This Order sets supplemental procedures for voluntary dismissal motions.


March 23, 2016    PDF icon Pretrial Order #24

This Order governs voluntary motions to dismiss entire cases without prejudice for lack of subject matter jurisdiction.


February 17, 2016    PDF icon Pretrial Order #23

This Order set deposition guidelines.


December 11, 2015    PDF icon Pretrial Order #22

This Order concerns discovery of mailing lists for “Dear Doctor” letters.


September 17, 2015    PDF icon Pretrial Order #21

Consent Order establishing document production protocol.


June 15, 2015    PDF icon Pretrial Order #20

This Order concerns the format for production of hardcopy documents and electronically stored information.


June 4, 2015    PDF icon Pretrial Order #19

This Order governs the treatment of all privileged or work product materials.


May 21, 2015    PDF icon Pretrial Order #18

This Order outlines the procedure and schedule for Science Day, scheduled to be held on June 11, 2015 in the Courtroom of the Honorable Eldon E. Fallon.


May 21, 2015    PDF icon Pretrial Order #17

The Plaintiffs’ Steering Committee and Plaintiffs’ Liaison Counsel have agreed to use the BrownGreer MDL Centrality system to distribute pleadings and discovery documents to plaintiffs’ counsel. All attorneys of record for Plaintiffs on whom service of documents must be effectuated shall consult this Pretrial Order in order to receive service of documents.


May 4, 2015    PDF icon Pretrial Order #16

The Court orders that requests for summons shall be filed in the docket for the member case, as opposed to the master docket. Summons returns and waivers returned executed shall not be filed in any docket, master or member, unless filing the summons return becomes necessary.


October 21, 2015    PDF icon Pretrial Order #15B

Consent Order regarding the preservation of voicemail, text messages, and instant messages.


September 17, 2015    PDF icon Pretrial Order #15A

Consent Order regarding the preservation of voicemail, text messages, and instant messages.


May 4, 2015    PDF icon Pretrial Order #15

Consent Order regarding the preservation of documents and electronically stored information.


January 6, 2016    PDF icon Pretrial Order #14B, PDF icon Exhibit 1

This Order governs the discovery procedure for IMS Data and Defendant Fact Sheets.  


August 17, 2015    PDF icon Pretrial Order #14A, PDF icon Exhibit 1
Amendments to Pretrial Order No. 14.
Exhibit 1

May 4, 2015    PDF icon Pretrial Order #14

This Order governs the form and schedule for service of Defendant Fact Sheets (“DFS”) to be completed by Defendants in all individual cases that were: (1) transferred to this Court by the Judicial Panel on Multidistrict Litigation, pursuant to its Order of December 12, 2015; (2) subsequently transferred to this Court by the Judicial Panel on Multidistrict Litigation pursuant to Rule 7.4 of the Rules of Procedure of that Panel; and (3) originally filed in this Court or transferred or removed to this Court.


May 4, 2015    PDF icon Pretrial Order #13

This Order governs the form and schedule for service of Plaintiff Fact Sheets (“PFS”) and executed Authorizations for the release of records to be completed by Plaintiffs in all individual cases that were: (1) transferred to this Court by the Judicial Panel on Multidistrict Litigation, pursuant to its Order of December 12, 2015; (2) subsequently transferred to this Court by the Judicial Panel on Multidistrict Litigation pursuant to Rule 7.4 of the Rules of Procedure of that Panel; and (3) originally filed in this Court or transferred or removed to this Court.


May 4, 2015    PDF icon Pretrial Order #12, PDF icon Exhibit A
Stipulated Protective Order.  
Exhibit A: Acknowledgment and Agreement to be bound by Protective Order (i.e. Pretrial Order No. 12)

April 18, 2016    PDF icon Pretrial Order #11F

This Order clarified language in Pretrial Order No. 11E.


March 22, 2016    PDF icon Pretrial Order #11E

This Order set a deadline for the filing of Joint Complaints as defined in PTO #11.


January 27, 2016    PDF icon Pretrial Order #11D, PDF icon Attachment A

Pretrial Order #11D: Plaintiffs’ Steering Committee has provided the Court with an updated exemplar Joint Complaint.  The updated exemplar Joint Complaint is included as an attachment to Pretrial Order No. 11D.


July 15, 2015    PDF icon Pretrial Order #11C

This Order serves as a clarification for some of the issues that have arisen since the Court entered Pretrial Order No. 11, specifically the voluntary dismissal of claims without prejudice and the timing for filing an Amended Complaint.


July 15, 2015    PDF icon Pretrial Order #11B

This Order governs a Joined Plaintiff’s responsibility for a filing fee and modifies the second sentence of Paragraph 1(a) of Pretrial Order No. 11.


May 21, 2015    PDF icon Pretrial Order #11A

* Obsolete - see Pretrial Order No. 11D for updated version. * Plaintiffs’ Steering Committee has provided the Court with an exemplar Joint Complaint and an exemplar Short Form Complaint. These are both included as attachments to Pretrial Order No. 11A.


May 4, 2015    PDF icon Pretrial Order #11

This Order outlines the procedure for the bundling of Complaints and Answers.


March 24, 2015    PDF icon Pretrial Order #10

This Order establishes streamlined service on certain Bayer Defendants.


March 24, 2015    PDF icon Pretrial Order #9

This Order establishes the protocol for any Plaintiff, whose case would be subject to transfer to MDL No. 2592, to directly file her case in MDL No. 2592 in the Eastern District of Louisiana.


February 13, 2015    PDF icon Pretrial Order #8

This Order establishes the standards and procedures for counsel seeking reimbursement for common benefit fees and costs.


April 29, 2015    PDF icon PTO7A.pdf

The Court appoints Michael Weinkowitz, Daniel Gallucci, and Gibson Vance to serve on the State Liaison Committee.


February 9, 2015    PDF icon Pretrial Order #7

The Court appoints Plaintiffs’ Steering Committee (“PSC”) and the PSC Executive Committee.


February 3, 2015    PDF icon Pretrial Order #6

The Court appoints Susan M. Sharko and Steven Glickstein to serve as Co-Lead Defense Counsel.


February 3, 2015    PDF icon Pretrial Order #5A

This Order amends the process undertaken by the transferor court to transfer cases to the transferee court, as outlined in Pretrial Order 5.


January 26, 2015    PDF icon Pretrial Order #5

This Order changes the duties of the transferor court under Rule 1.6 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation.


January 26, 2015    PDF icon Pretrial Order #4A

Counsel shall use the Counsel Contact Form contained within this order to provide Liaison Counsel with their updated contact information.


January 26, 2015    PDF icon Pretrial Order #4

Within 5 days of receipt of this order, all counsel shall provide to the appropriate Liaison Counsel updated contact information to be used for service.


January 16, 2015    PDF icon Pretrial Order #3

Appointment of James B. Irwin as Defendants’ Liaison Counsel.


January 16, 2015    PDF icon Pretrial Order #2

Appointment of Gerald E. Meunier and Leonard Davis as Co-Plaintiffs’ Liaison Counsel.


December 17, 2014    PDF icon Pretrial Order #1
The initial pretrial conference will be held on Thursday, January 29, 2015, at 9:00 a.m. in the Courtroom of Judge Eldon E. Fallon. Position papers are due by 1/20/15. Applications/nominations for the designation of liaison counsel must be filed by 1/15/15; applications for Steering Committee must be filed by 2/2/15.

May 16, 2016    PDF icon Order & Reasons

The Court issued an Order & Reasons concerning the PSC’s Motion to Compel Discovery of Defendants’ German Employees and their Personnel Files.  The Court ordered Bayer to produce a privacy log of the personnel files at issue.


April 20, 2016    PDF icon Minute Entry

The Court issued a Minute Entry of the monthly status conference that was held on April 20, 2016.


March 16, 2016    PDF icon Minute Entry

The Court issued a Minute Entry of the monthly status conference that was held on March 16, 2016.  


March 9, 2016    PDF icon Order & Reasons

The Court issued an Order & Reasons granting in part and denying in part the Defendants’ Motion for Entry of Proposed Order Regarding Contact with Physicians. The PSC’s ex parte contacts with treating physicians were not limited to the discussion of treatment and care, and Defendants were granted limited ex parte contacts with treating physicians for the purpose of obtaining physician experts.


February 23, 2016    PDF icon Minute Entry

The Court Issued a Minute Entry of the monthly status conference that was held on February 23, 2016.


January 26, 2016    PDF icon Order & Reasons

The Court issued an Order & Reasons denying without prejudice Plaintiffs’ discovery request for personnel files.  The PSC was granted leave to file a separate motion for in camera review of the personnel files if it addressed flaws identified in this Order & Reasons.


January 25, 2016    PDF icon Order & Reasons

The Court issued an Order & Reasons granting in part and denying in part Defendants’ Motion for Additional Cameras at Depositions.  Discovery protocol for upcoming depositions shall allow for the filming of the examining attorney.  


January 22, 2016    PDF icon Minute Entry

The Court issued a Minute Entry of the monthly status conference that was held on January 22, 2016


December 21, 2015    PDF icon Minute Entry

The Court issued a Minute Entry of the monthly status conference that was held on December 21, 2015.


November 20, 2015    PDF icon Minute Entry

The Court issued a Minute Entry of the monthly status conference that was held on November 20, 2015.


October 21, 2015    PDF icon Minute Entry

The Court issued a Minute Entry of the monthly status conference that was held on October 21, 2015.


September 17, 2015    PDF icon Minute Entry

The Court issued a Minute Entry of the monthly status conference that was held on September 17, 2015.


August 4, 2015    PDF icon Minute Entry

The Court issued a Minute Entry of the monthly status conference that was held on August 4, 2015.


July 9, 2015    PDF icon Minute Entry

The Court issued a Minute Entry of the monthly status conference that was held on July 9, 2015.


June 10, 2015    PDF icon Minute Entry

The Court issued a Minute Entry of the monthly status conference that was held on June 10, 2015.


May 13, 2015    PDF icon Minute Entry

The Court issued a Minute Entry of the monthly status conference that was held on May 13, 2015.


April 1, 2015    PDF icon Minute Entry

The Court issued a Minute Entry of the monthly status conference that was held on April 1, 2015.


February 27, 2015    PDF icon Minute Entry
The Court issued a Minute Entry of the monthly status conference that was held on February 27, 2015.

January 29, 2015    PDF icon Minute Entry

The Court issued a Minute Entry of the monthly status conference that was held on January 29, 2015.


May 24, 2016   

On this date, at 8:30 a.m. central time, the monthly status conference will be held in the Courtroom of District Judge Eldon E. Fallon.  The Court has set up a conference line for auditing the conference. To audit, call (866) 320-4708 and enter access code 389675.


February 23, 2016    PDF icon Monthly Status Conference
January 22, 2016    PDF icon Monthly Status Conference
December 21, 2015    PDF icon Monthly Status Conference
November 20, 2015    PDF icon Monthly Status Conference
October 21, 2015    PDF icon Monthly Status Conference
September 17, 2015    PDF icon Monthly Status Conference
August 4, 2015    PDF icon Monthly Status Conference
July 9, 2015    PDF icon Monthly Status Conference
June 10, 2015    PDF icon Monthly Status Conference
May 13, 2015    PDF icon Monthly Status Conference
April 1, 2015    PDF icon Monthly Status Conference
February 27, 2015    PDF icon Monthly Status Conference
January 29, 2015    PDF icon Monthly Status Conference