A Show Cause Hearing was held on October 20, 2022, regarding the remaining Severed cases in which filing fees have not yet been paid. The Court has given those attorneys until November 21, 2022, to comply with the attached order, or they will be subject to sanctions and notification to the American Bar Association that they will be held in contempt of Court. Those counsel will also be unable to practice in the Eastern District of Louisiana until they have remediated their contempt status.

Having received no objections to the Fee Allocation Liaison Counsel’s recommendations for the distribution of the Common Benefit Fee and Costs Award, the Court issued an Order on September 28, 2020 adopting these recommendations and authorizing disbursal of funds to the appropriate parties.

The Fee Allocation Liaison Counsel has issued its recommendations for the distribution of the Common Benefit Fee and Costs Award. Anyone with an objection must file the objection on or before September 25, 2020. 
 

At the request of the parties, the monthly status conference and show cause hearings set for April 16, 2020 are cancelled. The show cause hearing has been rescheduled for May 14, 2020.
 

At the request of the parties, the monthly status conference and show cause hearings set for March 19, 2020 are cancelled and rescheduled for April 16, 2020. The hearing on the Plaintiffs’ Steering Committee’s Motion for Attorneys’ Fees will still be held on March 19, 2020 for all relevant parties.
 

Please see attached for Defendants’ proposed Case Management Order 13, which lays out a proposed scheduling order in compliance with the Order Regarding December 12, 2019 Monthly Status Conference (R. Doc. 17444). Parties are instructed to provide feedback, if any, by January 15, 2020.

This document provides a number of FAQs related to CMO 11 Discovery Obligations

This document lays out the CMO 11 deadlines and obligations that apply to all plaintiffs with pending cases in the Xarelto MDL who have not enrolled in the Xarelto settlement program 
 

At the request of the parties, the monthly status and show cause hearing set for April 11, 2019 are cancelled.

This Order amends Paragraph 4 of Pretrial Order No. 13, concerning Authorizations provided to Defendants that are undated.

On this date, the Court entered Case Management Order #6 regarding the procedure for selection and discovery of 1200 cases for remand.

This Order amends Pretrial Orders #13 and  #13A.

On this date, the Court entered Case Management Order #2I regarding the pretrial schedule for the third (Mingo) bellwether trial.

On this date, the Court entered Case Management Order #2H as it relates to the schedules for the fourth (Henry) bellwether trial.

On this date, the Court entered Case Management Order #2G which amends Case Management Orders 2A, 2C, 2D regarding the schedules for the bellwether trial dates and other deadlines.

On this date, the Court entered Case Management Order #2F which amends Case Management Orders 2A, 2C, 2D regarding the schedules for the bellwether trial dates and other deadlines.

On this date, the Court entered Case Management Order #2E which amends Case Management Orders 2, 2A, 2C, and 2D regarding the pretrial schedule for the second bellwether trial, making it consistent with the pretrial schedule for the first bellwether trial.

The first bellwether trial (Boudreaux) began on April 24, 2017, in the Eastern District of Louisiana. On May 3, 2017, the jury returned a verdict in favor of the Defendants.

The monthly status conference scheduled for this date has been CANCELLED.

On this date, the Court entered Case Management Order #2D which amends Case Management Orders #2A and #2C regarding the schedules for the bellwether trial dates and other deadlines.

On this date, the Court entered Pretrial Order #31, which sets forth the protocol with respect to assistance that the Plaintiffs’ Steering Committee has agreed to provide in addressing Plaintiff Fact Sheet deficiencies alleged by Defendants.

On this date, the Court entered Pretrial Order #28A, which sets the protocol for ex parte contact with physicians through the four bellwether trials.

On this date, the Court entered Case Management Order #2C which sets a briefing schedule for the first two bellwether trials.

On this date, the Court entered Case Management Order #2B which sets new deadlines with respect to the third and fourth bellwether trials.

On this date, the Court entered Pretrial Order #23A, provides expert deposition guidelines for experts disclosed under 26(a)(2)(B) for the first four bellwether trials.

On this date, the Court entered Pretrial Order 12B, which governs the production of documents made by Portola in this litigation.

On this date, the Court entered Case Management Order 2A, which resets the bellwether trial dates due to logistical issues surrounding the NBA All-Star game in February.

On this date, the Court entered Pretrial Order 10B, which extended the time for the filing of summonses for certain classes of Plaintiffs in the MDL.

On this date, the Court issued an Order setting the third and fourth bellwether cases in the MDL.

On this date, the Court issued an Order setting the first and second bellwether cases in the MDL.

On this date, the Court entered Case Management Order No. 5, which concerned bellwether trial selection protocol.

On this date, the Court issued Pretrial Order 12A, which modified PTO 12 regarding disclosure of protected documents to prescribing and treating physicians of bellwether plaintiffs.

On this date, the Court issued Pretrial Order 10A, which extended the time for the filing of summonses for certain classes of Plaintiffs in the MDL.

On this date, the Court issued Pretrial Order 30, which sets the procedures for motions to withdraw plaintiff’s counsel.

On this date, the Court issued Pretrial Order 24A, which provides supplemental procedures for voluntary dismissal motions.  The Court also issued Pretrial Order 29, which sets procedures for notices of voluntary dismissal.

On this date, the Court issued Pretrial Order 28, which governs the protocol for ex parte physician contact by the parties.

On this date, the Court issued Pretrial Order 27, which concerns Plaintiff Fact Sheets and Defendant Fact Sheets

On this date, the Court issued Pretrial Order 26, which governs bellwether deposition protocol.

On this date, the Court issued Pretrial Order 11F, which clarified Pretrial Order 11E.

On this date, the Court issued Pretrial Order 25, which governs the production of materials pursuant to subpoenas of third parties.

On this date, the Court issued Pretrial Order 24, which governs the voluntary dismissal of cases for lack of subject matter jurisdiction. 

On this date, the Court issued Pretrial Order 11E, which set a deadline for the filing of all Joint Complaints as defined in PTO 11. 

On this date, the Court issued Pretrial Order 23, which set deposition guidelines.

On this date, the Court issued Pretrial Order 11D, which provided an updated exemplar Joint Complaint.

On this date, the Court issued Pretrial Order 14B and Pretrial Order 14B Exhibit 1, which modified the discovery procedure for IMS Data and Defendant Fact Sheets.

On this date, the Court issued Case Management Order #4, which set the bellwether discovery pool selection process and established the eligibility criteria for the discovery pool.

On this date, the Court issued Pretrial Order 22, which concerned the discovery of mailing lists for “Dear Doctor” letters. 

On this date, the Court issued an Amended Case Management Order #3, which clarified language regarding the distribution of randomized and party selections for discovery pool plaintiffs.

On this date, the Court issued a Case Management Order #3, which concerned the distribution of the plaintiffs to be selected for the discovery pool.

On this date, the Court issued Pretrial Order 15B, which regards the preservation of emails, text messages, and instant messages.

On this date, the Court issued Case Management Order #2. The Court also issued Pretrial Order 15A, which regards the preservation of emails, text messages, and instant messages. The Court also issued Pretrial Order 21, which establishes document production protocol.

This Order concerns Plaintiff Fact Sheets and Defendant Fact Sheets.

On this date, the Court issued Case Management Order #1. The Court also issued Pretrial Order #11, governing the bundling of Complaints and Answers; Pretrial Order #13, outlining the form and schedule for service of Plaintiff Fact Sheets; and Pretrial Order #14, outlining the form and schedule of service of Defendant Fact Sheets. For more information about all Pretrial Orders, see the Pretrial Orders tab.

On this date, the Court issued Pretrial Order #8, establishing standards and procedures for counsel seeking reimbursement for common benefit fees and costs.

On this date, the Court issued Pretrial Order #7, appointing the Plaintiffs’ Steering Committee (“PSC”) and the PSC Executive Committee.

On this date, the Court issued Pretrial Order #6, appointing Susan M. Sharko and Steven Glickstein as Co-Lead Defense Counsel.

Transfer Order received from MDL Panel transferring civil action cases to the Eastern District of Louisiana.

Case Management Order #13, governing initial discovery for Plaintiffs who have not opted into the Xarelto Settlement Program

Case Management Order #12B, Proceedings to Enforce CMOs 12 and 12A

Case Management Order #12A, superseding order on notice of intent to proceed

Case Management Order #12 regarding Xarelto Settlement Program

Case Management Order #11A, supplemental docket control order

Case Management Order #11, docket control

Case Management Order #10A regarding the forms to be used in registering Xarelto-related cases and claims

Case Management Order #10 regarding the registration of Xarelto-related cases and claims

Case Management Order #9A, supplemental stay order

Case Management Order #9, stay of proceedings

Case Management Order #8A, Authorizations required in connection with the Short Form Plaintiff Fact Sheet

Case Management Order #8, concerning generic expert trial preservation depositions, trial preparation of Wave 1 EDLA cases, selection of Wave 3 cases, procedures for consideration of possible Wave 1 remands, plaintiff profile and consent forms, and short form plaintiff and defendant fact sheets

Case Management Order #7, agreement on additional discovery

This Order governs CMO 6 case-specific discovery and notices of appearance in the MDL.

This Order governs the parties' protocol for depositions conducted as part of CMO 6 workups.

On this date, the Court entered Case Management Order #6 regarding the procedure for selection and discovery of 1200 cases for remand.

Case Management Order #5 concerning bellwether trial selection protocol.

Case Management Order #4 setting the bellwether discovery pool selection process and establishing the eligibility criteria for the discovery pool.

Amended Case Management Order #3 clarifying language regarding the distribution of randomized party selections for discovery pool plaintiffs.

Case Management Order #3 concerning the distribution of the plaintiffs to be selected for the discovery pool.

On this date, the Court entered Case Management Order #2I regarding the pretrial schedule for the third (Mingo) bellwether trial.

On this date, the Court entered Case Management Order #2H as it relates to the schedules for the fourth (Henry) bellwether trial.

On this date, the Court entered Case Management Order #2G which amends Case Management Orders 2A, 2C, 2D regarding the schedules for the bellwether trial dates and other deadlines.

On this date, the Court entered Case Management Order #2F which amends Case Management Orders 2A, 2C, 2D regarding the schedules for the bellwether trial dates and other deadlines.

On this date, the Court entered Case Management Order #2E which amends Case Management Orders 2, 2A, 2C, and 2D regarding the pretrial schedule for the second bellwether trial, making it consistent with the pretrial schedule for the first bellwether trial.

On this date, the Court entered an Order amending Case Management Order #2D, which amended sections 9(a)(iv) and 9(b)(iv) to read: “(iv) Hearing and Argument (if necessary): March 23, 2017.”

On this date, the Court entered Case Management Order #2D which amends Case Management Orders #2A and #2C regarding the schedules for the bellwether trial dates and other deadlines.

On this date, the Court entered Case Management Order #2C which sets a briefing schedule for the first two bellwether trials.

Case Management Order #2B setting new deadlines with respect to the third and fourth bellwether trials.

Case Management Order #2A resetting the bellwether trial dates due to logistical complications surrounding the NBA All-Star game.

Case Management Order #2 selecting bellwether trial dates and locations as well as discovery deadlines and protocol.

Case Management Order #1 concerning voluntary disclosure, production, non-party depositions and subpoenas, Plaintiff Fact Sheets, Defendant Fact Sheets, Science Day, and State and Federal Liaison.

A Show Cause Hearing was held on October 20, 2022, regarding the remaining Severed cases in which filing fees have not yet been paid. The Court has given those attorneys until November 21, 2022, to comply with the attached order, or they will be subject to sanctions and notification to the American Bar Association that they will be held in contempt of Court. Those counsel will also be unable to practice in the Eastern District of Louisiana until they have remediated their contempt status.

On this date, the Court issued an Order allocating Common Benefit Attorney’s Fees and Cost Reimbursement.

On this date, the Court issued an Order containing a deadline and guidelines for submitting time and expenses reports

On this date, the Court entered a Rule 54(B) Judgment ordering that the Common Benefit fees be awarded in the amount of 12% of the Settlement funds.

On this date, the Court issued an Order establishing a common benefit fee assessment of 12% and a cost reimbursement assessment of 2.75% applied to all cases except those enrolled in the Alternative Resolution Program and those who receive awards of $5,000 or less.

The Court issued a Minute Entry of the monthly status conference that was held on February 6, 2020.

The Court issued a Minute Entry of the monthly status conference that was held on December 12, 2019.

The Court issued a Minute Entry of the monthly status conference that was held on November 7, 2019.

The Court issued a Minute Entry of the monthly status conference that was held on September 12, 2019. 

The Court issued a Minute Entry of the monthly status conference that was held on August 1, 2019. 

The Court issued a Minute Entry of the monthly status conference that was held on June 24, 2019. 

The Court issued a Minute Entry of the monthly status conference that was held on May 14, 2019.

The Court issued a Minute Entry of the monthly status conference that was held on March 12, 2019.

The Court issued a Minute Entry of the monthly status conference that was held on January 23, 2019.

The Court issued a Minute Entry of the monthly status conference that was held on December 12, 2018.

The Court issued a Minute Entry of the monthly status conference that was held on November 8, 2018.

The Court issued a Minute Entry of the monthly status conference that was held on October 11, 2018.

The Court issued a Minute Entry of the monthly status conference that was held on August 6, 2018.

The Court issued a Minute Entry of the monthly status conference that was held on June 27, 2018.

The Court issued a Minute Entry of the monthly status conference that was held on May 25, 2018.

The Court issued a Minute Entry of the monthly status conference that was held on April 24, 2018.

The Court issued a Minute Entry of the monthly status conference that was held on March 21, 2018.

The Court issued a Minute Entry of the monthly status conference that was held on February 26, 2018.

The Court issued a Minute Entry of the monthly status conference that was held on January 30, 2018.

The Court issued a Minute Entry of the monthly status conference that was held on March 15, 2017.

The Court issued a Minute Entry of the monthly status conference that was held on January 20, 2017.

The Court issued a Minute Entry of the monthly status conference that was held on December 20, 2016.

The Court issued a Minute Entry of the monthly status conference that was held on November 29, 2016.

The Court issued a Minute Entry of the monthly status conference that was held on October 25, 2016.

The Court issued an Order regarding service of complaints. For complaints filed on or before 12/31/2016, the time period provided for service of summons and complaint shall run from the issuance of summons rather than the filing of the complaint.

The Court issued a Minute Entry of the monthly status conference that was held on September 20, 2016.

On this date, the Court issued an Order setting the third and fourth bellwether cases in the MDL.

On this date, the Court issued an Order setting the first and second bellwether cases in the MDL.

The Court issued a Minute Entry of the monthly status conference that was held on August 4, 2016.

The Court issued an Order & Reasons concerning the PSC’s Motion to Compel Discovery of Defendants’ German Employees and their Personnel Files.  The Court ordered Bayer to produce some of the requested files for in camera review.  The Court also ordered Bayer to ask the data subjects for their consent, with the caveat that any obtained consent must be a “free decision” of the German data subjects.

The Court issued a Minute Entry of the monthly status conference that was held on July 6, 2016.

The Court issued a Minute Entry of the monthly status conference that was held on May 24, 2016.

The Court issued an Order & Reasons concerning the PSC’s Motion to Compel Discovery of Defendants’ German Employees and their Personnel Files.  The Court ordered Bayer to produce a privacy log of the personnel files at issue.

The Court issued a Minute Entry of the monthly status conference that was held on April 20, 2016.

The Court issued a Minute Entry of the monthly status conference that was held on March 16, 2016.  

The Court issued an Order & Reasons granting in part and denying in part the Defendants’ Motion for Entry of Proposed Order Regarding Contact with Physicians. The PSC’s ex parte contacts with treating physicians were not limited to the discussion of treatment and care, and Defendants were granted limited ex parte contacts with treating physicians for the purpose of obtaining physician experts.

The Court Issued a Minute Entry of the monthly status conference that was held on February 23, 2016.

The Court issued an Order & Reasons denying without prejudice Plaintiffs’ discovery request for personnel files.  The PSC was granted leave to file a separate motion for in camera review of the personnel files if it addressed flaws identified in this Order & Reasons.

The Court issued an Order & Reasons granting in part and denying in part Defendants’ Motion for Additional Cameras at Depositions.  Discovery protocol for upcoming depositions shall allow for the filming of the examining attorney.  

The Court issued a Minute Entry of the monthly status conference that was held on January 22, 2016

The Court issued a Minute Entry of the monthly status conference that was held on December 21, 2015.

The Court issued a Minute Entry of the monthly status conference that was held on November 20, 2015.

The Court issued a Minute Entry of the monthly status conference that was held on October 21, 2015.

The Court issued a Minute Entry of the monthly status conference that was held on September 17, 2015.

The Court issued a Minute Entry of the monthly status conference that was held on August 4, 2015.

The Court issued a Minute Entry of the monthly status conference that was held on July 9, 2015.

The Court issued a Minute Entry of the monthly status conference that was held on June 10, 2015.

The Court issued a Minute Entry of the monthly status conference that was held on May 13, 2015.

The Court issued a Minute Entry of the monthly status conference that was held on April 1, 2015.

The Court issued a Minute Entry of the monthly status conference that was held on January 29, 2015.

The April 16, 2020 monthly status conference has been cancelled.

The March 19, 2020 monthly status conference is being rescheduled to April 16, 2020. The Court will provide updated dial-in information for the April 16 monthly status conference at a later date.
 

On this date, at 9:00 a.m. central time, the monthly status conference will be held from the Courtroom of District Judge Eldon E. Fallon. The Court has set up a conference line for auditing the conference. To audit, call (877) 226-8216 and enter access code: 9340421. Thank you.
 

On this date, at 9:00 a.m. central time, the monthly status conference will be held from the Courtroom of District Judge Eldon E. Fallon. The Court has set up a conference line for auditing the conference. To audit, call (844) 291-6362 and enter access code: 9491351. Thank you.

On this date, at 9:30 a.m. central time, the monthly status conference will be held from the Courtroom of District Judge Eldon E. Fallon. The Court has set up a conference line for auditing the conference. To audit, call (800) 260-0712 and enter access code: 473503. Thank you.

On this date, at 8:30 a.m. central time, the Court will conduct a show cause hearing in the Courtroom of District Judge Eldon E. Fallon. Thank you.
 

On this date, at 9:30 a.m. central time, the Court will conduct a show cause hearing in the Courtroom of District Judge Eldon E. Fallon. Those wishing to participate by phone should use the following dial-in information: Phone number -- 877-336-1839; Access code -- 4227405; Security code -- 091219. Thank you.
 

On this date, at 9:00 a.m. central time, the monthly status conference will be held from the Courtroom of District Judge Eldon E. Fallon. The Court has set up a conference line for auditing the conference. To audit, call (800) 260-0719 and enter access code: 471513. Thank you.
 

On this date, at 8:30 a.m. central time, the Court will conduct a show cause hearing  in the Courtroom of District Judge Eldon E. Fallon. Those wishing to participate by phone should contact the Court by Friday, August 23 at 3 p.m. Thank you.  

On this date, at 9:00 a.m. central time, the monthly status conference will be held from the Courtroom of District Judge Eldon E. Fallon. The Court has set up a conference line for auditing the conference. To audit, call (800) 260-0712 and enter access code: 470283. Thank you.

On this date, at 9:00 a.m. central time, the Court will conduct a show cause hearing via telephone call. The parties will use the following information to call-in to the Court's conference line: Phone number -- 877-336-1839; Access code -- 4227405; Security code -- 071019. Thank you.

On this date, at 9:00 a.m. central time, the Court will conduct a show cause hearing  in the Courtroom of District Judge Eldon E. Fallon. Those wishing to participate by phone should contact the Court by Friday, June 21 at 3 p.m. Thank you. 

On this date, at 9:00 a.m. central time, the monthly status conference will be held in the Courtroom of District Judge Eldon E. Fallon. The Court has set up a conference line for auditing the conference. To audit, call (800) 260-0718 and enter access code: 468321. Thank you.