Leclair v. GlaxoSmithKline LLC

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS ____________________________________ ) IN RE: ZOFRAN (ONDANSETRON) ) PRODUCTS LIABILITY LITIGATION ) MDL No. 1:15-md-2657-FDS ) This Document Relates To: ) ) All Actions ) ____________________________________)

MDL Order No. 30 February 5, 2019

ORDER GOVERNING SCHEDULING OF PHASE 5, GROUP 1 CASE-SPECIFIC EXPERT DISCOVERY AND DAUBERT AND DISPOSITIVE MOTIONS

SAYLOR, J.

This order shall govern case-specific expert discovery and Daubert and dispositive motions in all Phase 5, Group 1 cases under MDL Order Nos. 25 and 27. Group 2 case-specific deadlines shall be the subject of a separate, subsequent order. 1. Disclosure of Case-Specific Expert Reports and Depositions. A. Plaintiffs’ case-specific expert disclosures under Fed. R. Civ. P. 26(a)(2), including expert reports, shall be served on or before March 1, 2019. B. GSK’s case-specific expert disclosures under Fed. R. Civ. P. 26(a)(2), including expert reports, shall be served on or before March 22, 2019. C. Depositions of case-specific experts shall conclude by May 24, 2019. D. Should any case-specific expert appear in more than one case for a party, the deposing party shall be entitled to (1) a deposition, limited to case- specific opinions only, subject to normal time limits, for the first deposition and (2) a deposition not to exceed 3 hours for any subsequent deposition absent leave of court. In the event the case-specific expert previously offered opinions on generic causation issues and was deposed on those issues, the case-specific expert may not be deposed on those again, except to a limited degree necessary to develop the testimony in a

specific case. However, if the case-specific expert offers new and/or different generic causation opinions, the case-specific expert may be deposed on those new and/or different generic causation issues. 2. Case-Specific Motions. A. Motions to exclude or limit case-specific expert testimony or opinions pursuant to Fed. R. Evid. 702 or Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), and case-specific dispositive motions for any Group 1, Phase 5 case shall be filed by June 21, 2019. B. Responses in opposition shall be filed by July 19, 2019. C. Replies in support shall be filed by July 31, 2019.

So Ordered.

/s/ F. Dennis Saylor F. Dennis Saylor, IV Dated: February 5, 2019 United States District Judge