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Resources for State Court Actos Judges

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          In the continual effort to coordinate the MDL Actos cases with Actos cases in state court, the Honorable Rebecca F. Doherty has created this page on the MDL website, designed especially to provide State Court Judges hearing Actos cases (“Actos Judges”) with any information they might need concerning the MDL.  As noted in the Annotated Manual for Complex Litigation, Fourth (2004), Judges have undertaken innovative efforts to coordinate parallel or related litigation to reduce costs, delay, and duplication of efforts, to take advantage of the economies of consolidated discovery, and to avoid conflicts indates that often arise from dispersed litigation.[1]  The creation of a page on the MDL website devoted especially for Actos Judges is intended to be one of those innovative efforts of coordination.

          "Reciprocity and cooperation create trust and mutual respect” between federal and state jurists, and such efforts are not intended or designed as veiled methods to dominate.[2]

          Judge Doherty wishes to develop relationships among all the Judges with Actos cases in order to enhance coordination and make more transparent the coordination effort.[3]  She welcomes any communications from any Judge.  Her contact information is:

Honorable Rebecca F. Doherty
United States District Judge
800 Lafayette Street, Suite 4900
Lafayette, LA 70501
(337) 593-5050


CONTENTS

Settlement Program

Trial Calendar         

Status Conference Calendar         

MDL Rulings & Orders         

Special Masters         

State Liaison Counsel         

Judge Doherty's MDL Law Clerk

 


SETTLEMENT PROGRAM

A committee of negotiating plaintiffs' counsel and Takeda have negotiated an agreement establishing a settlement program (the "Actos Resolution Program" or "Program") for the resolution of claims alleging an injury of bladder cancer resulting from Actos usage. The Program is open to cliamants who (a) allege that they have bladder cancer; (b) first used Actos prior to December 1, 2011; and (c) either have a lawsuit currently pending or retained counsel to assert a claim within 3 days of the announcement of the settlement (i.e., by noon EDT on Friday, May 1, 2015).

Further information about the Actos Resolution Program is available on the website established by the Claims Administrator at www.actosofficialsettlement.com including links to the Master Settlement Agreement and other settlement documents, and instructions for how to register claims, enroll in the Program and submit Claim Packages. The Master Settlement Agreement and four orders related to the Program are provided below for the convenience of State Court Actos Judges.

Settlement Agreement

Master Settlement Agreement (Note: The Master Settlement Agreement is NOT an order of the Court)

Appendix A: Case Census Order

Appendix B: Notice of Intent to Opt In Form for Filed Claims

Appendix C: Release

Appendix D-1: MDL Stipulation of Dismissal

Appendix D-2: Illinois Stipulation of Dismissal

Appendix D-3: California Stipulation of Dismissal

Appendix E: Implementing CMO

Appendix F: Notice of Intent to Opt In Form for Unfiled Claims

Appendix G: Declaration of Counsel

Appendix H: Claim Form

Appendix I: Authorization to Release Records and Other Information

Appendix J: Points Matrix 

Court Orders

Case Management Order: Census of Claims (Doc. 5551)

Order Regarding Settlement Agreement and Deadlines (Doc. 5552)

Order Regarding Preservation of Records and Prima Facie Evidence of Usage, Injury and Causation Requirements for Pending Cases Not Participating in the Actos ® Resolution Program and Newly Filed or Transferred Cases (Doc. 5553)

Order for Limited Stay (Doc. 5582)

Case Management Order Regarding the Resolution of Cases Involving the Death or Incapacity of a Product User (Doc. 5849)

Order Granting a Limited Lift of Stay of Discovery for Issuance of Rule 45 Subpoenas to Healthcare Facilities (Doc. 6053)

Case Management Order Regarding Approval of Settled Actions and Settled Claims Involving Death or Incapacity of a Product User (Doc. 6314)

Order Setting Deadline for Motions for Approval of Settlement in Cases Involving Death or Incapacity of Actos User (Doc. 6919)

Orders Regarding the Common Benefit

Case Management Order: Instructions To Deputy Special Master DeJean (Doc. 5801)

Case Management Order: Holdback Order (Doc. 5850)

Case Management Order: Common Benefit Fees and Costs (Doc. 6215)

Case Management Order: Assessment of Common Benefit Fees and Expenses and/or Costs (Doc. 6238)

Memrandum Ruling (Common Benefit Fees & Allocation) (Doc. 6943)

Order (Doc. 6945)

 


TRIAL CALENDAR

Next Trial: May 2, 2016 (Continued) Note: Pursuant to the Order for Limited Stay (Doc. 5582), discovery is stayed and deadlines are adjourned.

Bellwether Trial 1: January 27, 2014 - April 7, 2014

Further bellwether trials have been continued - See [ORDER]

 


STATUS CONFERENCE CALENDAR

Judge Doherty has scheduled a monthly status conference for either the third or fourth Thursday of each month, as practicable, at 10:30 am (central time).  Any Judge with an Actos case on his or her docket is welcome to call into the live teleconference, and may either listen or participate in the discussions.  Protocols to dial in to the status conference have been provided to Actos Judges by either this Court or State Liaison Counsel. 

For any additional questions, or details of the dial in protocols, please contact State Liaison Counsel or Judge Doherty’s law clerk.  If any judge wishes to dial-in, please notify Judge Doherty's law clerk, Cory Hebert, at 337-593-5053 or Cory_Hebert@lawd.uscourts.gov. Mr. Hebert will alert the conference call-in operator to open the line for any judge to speak, should he or she wish.

The scheduled and agendas for the status conferences are provided below.

2016

Any further status conferences will be announced by the Court

February 18, 2016 (Cancelled)

Past Status Conference Dates

2015

2014

2012-2013

 


MDL RULINGS & ORDERS

For informational purposes, this website provides copies of orders and rulings that are relevant to the entire MDL (See Court Orders by Category, Court Orders by Date, Rulings of the Court).  For convenience, the following rulings and orders are listed, as they might be particularly relevant or interesting to Actos Judges:

Case Management Order:  Plaintiff Fact Sheets (Doc. 1355)

Case Management Order:  PSC’s Management of Timekeeping, Cost Reimbursement and Related Common Benefit Issues (Doc. 1357)

Case Management Order:  Assertions of Attorney-Client Privilege and Work Product Doctrine (Doc. 1362)

Case Management Order:  Discovery Stay is Lifted (Doc. 1413)

Scheduling Order (Doc. 1418)

Second Amended Case  Management Order: Direct Filing and Service of Process (Doc. 1538) (Section II of this CMO has been Vacated)

Case Management Order:  Protecting the Confidentiality of Discovery Materials (Doc. 1540)

Case Management Order:  Joint Expenses (Doc. 1906)

Case Management Order:  Special Master Fees and Costs (Doc. 1907)

Case Management Order:  Defendant Fact Sheets (Doc. 2045)

Case Management Order:  Discovery Protocol (Doc. 2197)

Case Management Order:  Protocol for In Extremis Depositions (Doc. 2244)

Scheduling Order: Pilot Bellwether Program (First Trial) (Doc. 2359)

Scheduling Order: Pilot Bellwether Program (Second Trial) (Doc. 2520)

First Amended Scheduling Order: Pilot Bellwether Program (First Trial) (Doc.2602) (This Order sets the deadlines and procedures associated with the First Bellwether Trial)

Pre-trial Order Instructions (Doc. 2602-1) (MDL Specific Pre-trial Order Instructions)

Pre-trial Order (Doc. 2602-2) (MDL specific Pre-trial Order)

CMO: Motions - May 21, 2013 (Doc. 2742) (This Order instructs parties on the submission of contested motions to the Court in the MDL)

CMO: Supplemental Order on Expert-Related Issues (First Pilot Bellwether Trial) (Doc. 3006) (This Order provides additional guidance on Expert-Related issues)

Amended Final Memorandum Opinion and Ruling (Takeda Only) (Doc. 4330)

Exhibit A (Doc. 4330-1)

Final Amended Memorandum Ruling: Defendants' Rule 50(b) Motion for Judgment as a Matter of law (Doc. 4648)

Memorandum Ruling: Defendants' Rule 59 Motion for New Trial (Doc. 4854)

Case Management Order: Reporting on Ongoing State Court Proceedings (Doc. 5163)

Case Management Order: Reporting on Resolved State Court Proceedings (Doc. 5164)

Case Management Order: Fact Sheet Analysis (Doc. 5165)

Amended Case Management Order: Fact Sheet Analysis (Doc. 5246)

Case Management Order: RICO Disclosures (Doc. 5302) (This Order applies to a requested class action filed in the MDL that alleges RICO violations, and is a standard disclosure order that Judge Doherty issues in such cases.)

Scheduling Order: May 2, 2016 Trial (Doc. 5303)

Stipulated Protective Order to Non-Parties Kaiser Foundation Hospitals, the Permanente Medical Group, Inc. and Kaiser Foundation Health Plan, Inc.'s Analytical Files and Other Highly Confidential Information (Doc. 5325)

Order Designating the Cases to be Considered for Trial Starting May 2, 2016 (Doc. 5370)

Amended CMO: Protecting the Confidentiality of Discovery Materials (Doc. 5470)

Amended CMO: Motions (Doc. 5471)

Case Management Order: Census of Claims (Doc. 5551)

Order Regarding Settlement Agreement and Deadlines (Doc. 5552)

Order Regarding Preservation of Records and Prima Facie Evidence of Usage, Injury and Causation Requirements for Pending Cases Not Participating in the Actos ® Resolution Program and Newly Filed or Transferred Cases (Doc. 5553)

Order for Limited Stay (Doc. 5582)

Case Management Order: Instructions To Deputy Special Master DeJean (Doc. 5801)

Case Management Order Regarding the Resolution of Cases Involving the Death or Incapacity of a Product User (Doc. 5849)

Case Management Order: Holdback Order (Doc. 5850)

Order Regarding Protocol Involving Disputes Before Other United States District Courts Concerning Enforcement of Subpoenas (Doc. 6078)

Case Management Order: Common Benefit Fees and Costs (Doc. 6215)

Order Vacating Section II of Second Amended Case  Management Order: Direct Filing and Service of Process (Doc. 6477)

 


SPECIAL MASTERS

Three Special Masters were appointed at the outset to assist the Court and the parties to move the cases forward in an efficient and innovative manner. Actos Judges should feel free to contact them to discuss any questions or issues. Judge Doherty and the MDL litigants have found the Special Masters to be an effective resource, and will offer their services to any Actos Judge.

The Special Masters are:

Gary J. Russo, Special Master
Jones Walker
600 Jefferson Street, Suite 1600
P.O. Drawer 3408
Lafayette, LA 70502-3408
Telephone: (337) 593-7610
Fax: (337) 593-7601
grusso@joneswalker.com

Carmen M. Rodriguez, Deputy Special Master
Jones Walker
600 Jefferson Street, Suite 1600
P.O. Drawer 3408
Lafayette, LA 70502-3408
Telephone: (337) 593-7622
Fax: (337) 593-7601
carmenrodriguez@joneswalker.com

Kenneth W. DeJean, Deputy Special Master (Plaintiff’s Side Only)
417 West University Avenue
Post Office Box 4325
Lafayette, LA 70502
Telephone: (337) 235-5294
Fax: (337) 235-1095
kwdejean@kwdejean.com

 


STATE LIAISON COUNSEL

The Court has appointed an attorney from each side to help increase cooperation and coordination with State Court Actos Judges.  These counsel are available to all Actos Judges at any time, and will periodically provide updates regarding the MDL.

Dawn M. Barrios, Plaintiffs' Liaison to State Court Judges
Barrios, Kingsdorf & Casteix, LLP
701 Poydras Street, Suite 3650
New Orleans, LA  70139
Telephone: (504) 524-3300
Fax: (504) 524-3313
barrios@bkc-law.com

Sherry A. Knutson, Defendants' Liaison to State Court Judges
Sidley Austin LLP
1 South Dearborn St.
Chicago, IL 60603
Telephone: (312) 853-4710
Fax: (312) 853-7036
sknutson@sidley.com

 


JUDGE DOHERTY'S MDL LAW CLERK

Judge Doherty's MDL law clerk is Cory Hebert.  He can be reached at 337-593-5053 and Cory_Hebert@lawd.uscourts.gov. He is available to any Actos Judges to discuss any Actos litigation issues or the MDL website itself, and can provide direct access to Judge Doherty.

We hope this special page on the MDL website is helpful to Actos Judges.  If any Judge has ideas or suggestions which might enhance the coordination and cooperation effort or improve this site, please do not hesitate to contact Judge Doherty, her law clerk, one of the Special Masters, or one of the State Liaison Counsel.

 


[1] Annotated Manual For Complex Litigation Sec. 20.31 (4th ed. 2010)

[2] Id. Sec. 20.311

[3] Id. Sec. 20.312