On April 1, 2015, U.S. District Judge Cynthia M. Rufe entered a Scheduling Order, Pretrial Order No. 83., governing the national Zoloft multidistrict litigation (Zoloft MDL) in the United States District Court for the Eastern District of Pennsylvania in Philadelphia, PA.
Zoloft MDL No. 2342 was created by the United States Judicial Panel on Multidistrict Litigation on April 17, 2102, to consolidate lawsuits filed across the country against Pfizer alleging birth defects caused by use of its popular SSRI antidepressant Zoloft and its generic version sertraline. The purpose of the MDL is to eliminate duplicative discovery, prevent inconsistent pretrial rulings, and conserve the resources of the parties, their lawyers, and the judiciary.
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN RE: ZOLOFT (SERTRALINE HYDROCHLORIDE) PRODUCTS LIABILITY LITIGATION
MDL NO. 2342
HON. CYNTHIA M. RUFE
THIS DOCUMENT RELATES TO: ALL ACTIONS
PRETRIAL ORDER NO. 83
SCHEDULING FOR DAUBERT HEARINGS AND INITIAL TRIALS
AND NOW, this 1st day of April 2015, in recognition that discovery and trial issues are most efficiently handled by the entry of Pretrial Orders, and after Leadership and General Status Conferences, the Court hereby enters this Pretrial Order governing scheduling concerning this MDL, subject to entry of later Pretrial Orders modifying or supplementing this Pretrial Order.
1. GENERAL CAUSATION DAUBERT MOTIONS: The PSC having served the additional general causation expert report of Dr. Jewell, and Pfizer having served any responsive expert reports on general causation, the following schedule is established for further proceedings directed to Zoloft general causation experts:
May 1, 2015 — The Court will determine the order in which the Trial Pool cases will be tried.
May 1, 2015 — Pfizer will complete the deposition of Dr. Jewell.
May 15, 2015 — Plaintiffs may submit expert reports for injuries not included in the PSC’s reports. If submitted, additional Daubert proceedings will be scheduled by separate Pretrial Order.
May 15, 2015 — Pfizer’s Daubert motion and opening brief as to Dr. Jewell shall be filed.
May 29, 2015 — The PSC will complete depositions of Pfizer’s responsive experts.
June 12, 2015 — Response to Daubert motion shall be filed
June 24, 2015 — Reply brief in support of Daubert motion shall be filed.
July 7, 2015 — 10:30 a.m. Hearing on Daubert motion begins.
2. INITIAL TRIAL SCHEDULE: The following schedule is established for further proceedings directed to preparation for initial trials:
June 15, 2015 — Plaintiffs’ non-causation and case-specific reports shall be served.
August 3, 2015 — Pfizer’s non-causation and case-specific reports shall be served.
September 7, 2015 — Expert depositions shall be completed.
September 28, 2015 — Case-specific Daubert and dispositive motions shall be filed.
October 12, 2015 — Responses to case-specific Daubert and dispositive motions shall be filed.
October 19, 2015 — Replies to case-specific Daubert and dispositive motions shall be filed.
November 2, 2015 — 10:30 a.m. Hearing on case-specific Daubert and dispositive motions begins.
November 16, 2015 — The parties shall exchange witness lists, exhibits, and deposition designations.
November 30, 2015 — Motions in limine and other non-dispositive and non-Daubert motions shall be filed.
December 7, 2015 — The parties shall exchange objections to exhibits and deposition designations, and deposition counterdesignations.
December 14, 2015 — Responses to motions in limine and other non-dispositive and non-Daubert motions shall be filed.
December 18, 2015 — Replies in support of motions in limine and other nondispositive and non-Daubert motions shall be filed.
December 21, 2015 — The parties shall exchange objections to deposition counter-designations.
December 22, 2015 — 10:30 a.m. Hearing on motions in limine and other pretrial motions shall be held.
January 11, 2016 — 10:30 a.m. Final Pretrial Conference will be held.
January 19, 2016 — 10:00 a.m. Jury Selection begins.
IT IS SO ORDERED.
BY THE COURT:
CYNTHIA M. RUFE, J.