[U] New Practice And Procedure Order Coming, In Merck’s Federal Propecia®/Proscar® MDL in Brooklyn USDC

UPDATED @ Noon EDT: Looks like settlement talks are back on, here. . . .

I see some increased probability that the parties have active settlement discussions (and likely, on a global — state and federal — basis) underway, now. This is new — and is simply my conjecture, based on the fact that all discovery is stayed, until September 20, 2017. [End, update.]

The schedule of events — and timing for motions, may be changing — based on a telephonic conference hearing, yesterday. We will let you know, right here, with an update when now that the amended scheduling order is filed, through PACER. Here’s a bit — from the order entered this morning:

. . . .Discovery in this matter is stayed until September 20, 2017. Accordingly, the deadlines governing the remainder of discovery are hereby revised as follows.

1. Expert Depositions. All expert depositions must be completed by November 6, 2017.

2. Motions. All motions to exclude or limit expert testimony pursuant to Federal Rule of Evidence 702 and all dispositive motions shall be filed as follows:

a. Opening Briefs: November 27, 2017;

b. Opposition Briefs: December 27, 2017; and

c. Reply Briefs: January 10, 2018. . . .

The Court [still] anticipates that the First Bellwether Tranche shall be trial ready by March 2018. Following the entry of all orders disposing of all Daubert motions and dispositive motions, the Court will issue a scheduling order governing all trial related obligations, including the specific date for commencement of trial. . . .

Onward. There is no guarantee that there will be a global settlement — or any settlement, at all. But I think it more likely now, than it has been in at least the past three years.



3 Responses

  1. Would you clarify what makes you think there is an increased chance of settlement at this juncture? What are the indicators you see and why would either party be more likely to settle before a single bellwether case has run its course?

    • Primarily that all discovery has been stayed to September. No reason to do that — unless neither side wants to spend the money (if a settlement is being actively negotiated).

      But it is a pure guess!


  2. There are more detailed comments and replies — at the main website for this blog:



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