Current Developments

Updated 7/2/2012

The court entered PTO #90 (Order Closing MDL).

Updated 3/12/2012

The court entered PTO #89 (Alternative Procedures for Small Estate Settlements).

Updated 11/07/2011

The court entered PTO #88 (Dissolution of Plaintiffs' Steering Committee and Limited Function of Co-Lead Counsel).

Updated 11/03/2011

The court entered PTO #87 (Memorandum Opinion and Order re Dispositive and Daubert Motions).

Updated 10/07/2011

The court entered PTO #86 (Qualified Protective Order for Settlement) Subject to certain restrictions, granting the Lien Resolution Administrator the authority to provide the Centers for Medicare and Medicaid Services, the Medicare Secondary Payer Department and the Medicaid programs of each state and territory and of the District of Columbia with a list of the Digitek Litigation Claimants represented by certain members of the Plaintiffs' Steering Committee to determine which of the Claimants are beneficiaries in the Medicare and/or Medicaid programs, all as more fully set forth herein. Signed by Judge Joseph R. Goodwin on 10/7/2011. (cc: attys; Clerk of the Judicial Panel on Multidistrict Litigation; any unrepresented party).

Updated 9/12/2011

The court entered PTO #85 (Daubert/Dispositive Motion Hearing).

Updated 8/22/2011

The court entered PTO #84 (Remove Cases Subject to the Settlement Agreement from the Active Docket).

Updated 8/11/2011

The court entered PTO #83 (Extension of Deadlines for Response and Reply Briefing on Motions for Summary Judgment and to Exclude Experts).

Updated 8/09/2011

The court entered PTO #82 (Extension of Deadlines for Response and Reply Briefing on Motions for Summary Judgment and to Exclude Experts).

Updated 8/04/2011

The court entered PTO #81 (Scheduling Order for Cases Requiring Discovery Beyond PTO #70 Deadlines).

Updated 7/18/2011

The court entered PTO #80 (Scheduling Order for Recently Filed Cases).

Updated 7/5/2011

The court entered PTO #79 (Settlement of Petition for Attorneys' Fees and Expenses).

Updated 5/31/2011

The court entered PTO #78 (Extension of Time re Attorneys' Fees and Expenses Petition).

Updated 5/5/2011

The court entered PTO #77 (Memorandum Opinion and Order re Petition for Award of Attorneys' Fees and Expense Reimbursements).

Updated 4/7/2011

The court entered PTO #76 (Scheduling Order for Cases Requiring Discovery Beyond PTO #70 Deadlines).

Updated 3/11/2011

The court entered PTO #75 (Extension of Time for Claim Forms).

Updated 2/23/2011

The court entered PTO #74 (Defense Response Date to Fee Petition).

Updated 1/14/2011

The court entered PTO #73 (Extension of Time for Claim Forms).

Updated 1/4/2011

The court entered PTO #72 (Stipulation to Amend Plaintiff Fact Sheet Deadline Under PTOs 16 & 70).

Updated 12/21/2010

The court entered PTO #71 (Extension of Time for Fee Petition).

Updated 11/19/2010

The court entered PTO #70 (Scheduling Order for Remaining Cases).

Updated 11/8/2010

The court entered PTO #69 (Motion to Approve Establishment of Qualified Settlement Fund and Administrative Fund).

Updated 10/22/2010

The court entered PTO #68 (Unopposed Motion for Extension of Time to Respond).

Updated 10/21/2010

The court entered PTO #67 (Notice of Mandatory Docket Conference for Remaining Plaintiffs).

Updated 10/20/2010

The court entered PTO #66 (Re: Motion for Reconsideration of Pretrial
Order #60 Denying Class Certification).

Updated 9/20/2010

The court entered PTO #65 (Re: Limited Relief from PTO #62 to file
“Defendants’ Motion for Entry of a Scheduling Order").

Updated 9/1/2010

The court entered PTO #64 (Re: Settlement Agreement and Deadlines).

Updated 9/1/2010

The court entered PTO #63 (Re: Appointment of Special Master).

Updated 8/12/2010

The court entered PTO #62 (Re: Stay of Litigation).

Updated 6/2/2010

The court entered PTO #61 (Location of Joint Hearing to Address Challenges to Scientific and Technical Evidence).

Updated 5/25/2010

The court entered PTO #60 (Memorandum Opinion and Order re Motion for Class Certification).

Updated 4/14/2010

The court entered PTO #59 (Order on Plaintiffs' Motion to Compel Deposition Testimony).

Updated 4/9/2010

The court entered PTO #58 (Notice of Hearing on Plaintiffs' Motion to Compel Deposition Testimony).

Updated 3/26/2010

The court entered PTO #57 (Cancel Status Conference).

Updated 3/10/2010

The court entered PTO #56 (Status Conference).

Updated 3/10/2010

The court entered PTO #55 (re: Destruction of Non-Digitek recalled product).

Updated 2/25/2010

The court entered PTO #54 (Procedures for Filings in MDL 1968).

Updated 2/11/2010

The court entered PTO #53 (Protective Order re Mr. Shah).

Updated 2/10/2010

The court entered PTO #52 (Self-critical Analysis Privilege).

Updated 2/9/2010

The court enteresd PTO #51 (Protective Order Pending Briefing).

Updated 1/26/2010

The court entered PTO #50 (Revised Deadlines).

Updated 1/8/2010

The court entered PTO #49 (Memorandum Opinion and Order re Request for Lone Pine Order).

Updated 12/21/2009

The court entered amended PTO #48 (Joint Hearing to Address Challenges to Scientific and Technical Evidence).

Updated 12/18/2009

The court entered PTO #48 (Joint Hearing to Address Challenges to Scientific and Technical Evidence).

Updated 11/24/2009

The court entered PTO #47 (Rulings from November 20, 2009 status conference).

Updated 11/12/2009

The court entered PTO #46 (Plaintiffs' Motion to Compel # 212).

Updated 10/22/2009

The court entered PTO #45 (Revised Deadlines).

Updated 10/7/2009

The court entered PTO #44 (Reschedule Status Conference and Conference on Group 1 cases).

Updated 10/6/2009

The court entered PTO #43 (Order re Request for Lone Pine Order).

Updated 9/29/2009

The court entered PTO #42 (Stay of PTO #16 Deadlines re Class Certification Briefing).

Updated 9/23/2009

The court entered PTO #41 (Memorandum Opinion and Order re Appeal of Pretrial Order #39).

Updated 9/18/2009

The court entered PTO #40 (Order re removal of Group 1 Trial Pool case).

Updated 9/15/2009

The court entered an order staying PTO #39 until such time as the court rules on the objections to same.

Updated 8/26/2009

The court entered PTO #39 (Rule 11 Discovery).

Updated 8/13/2009

The court entered PTO #38 (Revised Scheduling Order).

Updated 8/10/2009

The court entered PTO #37 (Memorandum Opinion and Order re Appeal of Pretrial Order #27).

Updated 8/6/2009

The court entered PTO #36 (Oral Argument).

Updated 8/5/2009

The court entered PTO #34 (Production of Medical and Pharmacy Records of Deceased Plaintiffs) and PTO #35 (Selection of Group 1 Trial Pool Cases).

Updated 8/3/2009

The court entered PTO #33 (Memorandum Opinion and Order re Motions to Dismiss).

Updated 7/27/2009

The court entered PTO #32 (Scope of discovery in putative class action pursuing economic claims only).

Updated 7/23/2009

The court entered PTO #31 (Ex Parte Contact with Former Actavis Employees).

Updated 7/15/2009

The court entered PTO #30 (Briefing Schedule).

Updated 7/2/2009

The court entered PTO #29 (Severance Procedures).

Updated 7/1/2009

The court entered PTO #27 (Motion to Expand Scope of Discovery) and PTO #28 (Motion to Quash or Modify Subpoena).

Updated 6/19/2009

The court entered PTO #26 (Filing Under Seal).

Updated 6/18/2009

The court entered PTO #25 which sets a hearing on initial trial pool cases for July 22, 2009 at 9:00 a.m.

Updated 6/17/2009

The court entered PTO #24 which involves briefing schedules.

Updated 5/29/2009

The court entered PTO #23 which involves revisions to the Plaintiffs' Steering Committee.

Updated 5/19/2009

The court entered PTO #22 (Conduct of Discovery).

Updated 5/4/2009

The court entered PTO #21 which sets status conferences for Wednesday, June 17, 2009; Tuesday, August 11, 2009 and Wednesday, October 28, 2009 at 9:00 a.m.

Updated 4/30/2009

A status conference of Lead and Liaison Counsel and the Plaintiffs' Steering Committee Chairperson was held on April 29, 2009, at 9:00 a.m. by U.S. District Judge Joseph R. Goodwin and U.S. Magistrate Judge Mary E. Stanley.

The court considered and discussed issues raised in the proposed agenda submitted by the parties including: status of state-related litigation, compliance issues with PTO #16, status of discovery, a Conduct of Discovery order, status of Tolling Agreements, severance procedures and scheduling of future status conferences.

Updated 4/13/2009

The court entered PTO #20 which adopts a letter agreement entered into by the parties concerning electronic discovery.

Updated 3/25/2009

The court entered PTO #19 which addresses issues associated with the direct filing of cases into MDL 1968.

Updated 3/20/2009

The court entered PTO #18, a preservation order regarding Non-Digitek® information.

Updated 3/9/2009

The court entered PTO #17 which sets a status conference for Wednesday, April 29, 2009, at 9:00 a.m.

Updated 3/5/2009

The court entered PTO #16 which details case management and scheduling deadlines.

Updated 3/4/2009

The court entered PTO #15 rescheduling the status conference previously set for Thursday, March 5, 2009, at 10:00 a.m. for Thursday, March 5, 2009 at 8:00 a.m. in Judge Goodwin’s chambers.

Updated 2/17/2009

The court entered PTO #14 ordering a conference on Wednesday, February 25 at 11:00 a.m., of Co-Lead and Liaison counsel to facilitate the entry of a scheduling order.

Updated 2/11/2009

The court entered Pretrial Order #13 which addresses preservation obligations related to Digitek information.

Updated 2/5/2009

The court entered Pretrial Order #12, a Stipulated Protective Order addressing disclosure and discovery activity involving production of confidential, proprietary and private information for which special protection from public disclosure is warranted.

Updated 2/4/2009

The court entered Pretrial Order #11 which addresses coordination efforts between the federal court in Digitek MDL No. 1968 and the West Virginia state court Digitek litigation.

Updated 1/29/2009

The court entered Pretrial Order #10 which addresses deadlines for certain pretrial matters discussed at the January 28, 2009 status conference. The order also appoints additional Co-Lead Defense Counsel for the Mylan parties.

A status conference of Lead and Liaison Counsel and the Plaintiffs’ Steering Committee Chairperson was held on January 28, 2009 at 10:30 a.m. by U.S. District Judge Joseph R. Goodwin and U.S. Magistrate Judge Mary E. Stanley.

The court considered and discussed issues raised in the proposed agenda submitted by the parties including: introduction of new counsel for Mylan entities, a stipulated Protective Order, a Preservation Order, a Master Complaint, Plaintiff Fact Sheets, direct filing into MDL, class certification proceedings including severance of class representatives, Tolling Agreements, reduction in the number of defendants, and coordination with state courts.

The next status conference will be held at 10:00 a.m. on March 5, 2009 in Judge Goodwin’s chambers. Future status conferences will be established at that time.

Updated 12/30/2008

The court entered Pretrial Order #9 which provides for the "Establishment of Plaintiffs' Litigation Expense Fund".

Updated 12/9/2008

The court entered Pretrial Order #8 which sets a Status Conference for Wednesday, January 28, 2009 at 10:30 am.

Updated 12/3/2008

The court entered Pretrial Order #7 which addresses severance of multi-plaintiff actions.

Updated 11/25/2008

The initial pretrial conference of Lead and Liaison Counsel and the Plaintiffs’ Steering Committee Chairperson was held on November 19, 2008 at 10:00 a.m. by U.S. District Judge Goodwin and U.S. Magistrate Judge Stanley.

The court considered and discussed issues raised in the proposed agenda submitted by the parties including: reducing the number of defendants, direct filing of cases into the MDL, a proposed Tolling Agreement, a Master Complaint, Plaintiff Fact Sheets/Defendant Fact Sheets, Preservation Order modification, a proposed protective order, tablet inspection protocols, safeguarding of pills in the hands of plaintiffs, defendant and third parties, search terms for electronic discovery, early voluntary disclosure of documentary evidence by defendants, development of a scheduling order for the overall conduct of the case, definition of PSC responsibility in PTO #4, scheduling of periodic meetings with the court, severance of individual cases and the status of coordination with the state court litigation.

Court orders concerning the severance issue and disclosure of all funding of scientific studies related to Digitek will be forthcoming.

The next status conference will be held at 10:30 a.m. on January 28, 2009 in Judge Goodwin’s chambers. Future status conferences will be established at that time.