Preview
1 Kimberly Branscome (SBN 255480)
Jay Bhimani (SBN 267689)
2 DECHERT LLP
3 633 W. 5th Street, Suite 4900
Los Angeles, CA 90071
4 Telephone: (213) 808-5700
Facsimile: (213) 808-5760
5 Email: kimberly.branscome@dechert.com
Email: jay.bhimani@dechert.com
6
7 Jonathan Tam (SBN 304143)
DECHERT LLP
8 One Bush Street, Suite 1600
San Francisco, CA 94104-4446
9 Telephone: (415) 262-4500
Facsimile: (415) 262-4555
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Email: jonathan.tam@dechert.com
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Attorneys for Specially-Appearing Defendant GlaxoSmithKline LLC
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF ALAMEDA
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COORDINATION PROCEEDING JCCP NO. 5150
15 SPECIAL TITLE (RULE 3.550) Case No. RG20061705
16 ASSIGNED FOR ALL PURPOSES
In re Ranitidine Cases JUDGE EVELIO GRILLO
17 DEPT. 21
DECLARATION OF EMILY VAN TUYL IN
18 THIS DOCUMENT RELATES TO: SUPPORT OF BRAND DEFENDANTS’
MOTION TO STRIKE PLAINTIFF’S
19 Goetz v. GlaxoSmithKline, et al.,
“REBUTTAL” EXPERT
Case No. RG20061705
NEPHROLOGISTS DR. MONY FRAER
20 AND DR. GAURAV JAIN
21 ALL ACTIONS
[PUBLIC REDACTED VERSION]
22 [Submitted Concurrently with Motion and
Proposed Order]
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24 Hearing Date: December 20, 2022
Hearing Time: 10:00 a.m.
25 Department: 21
Reservation ID: 691850949625
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DECLARATION OF EMILY VAN TUYL IN SUPPORT OF BRAND DEFENDANTS’ MOTION TO STRIKE
PLAINTIFF’S “REBUTTAL” EXPERT NEPHROLOGISTS DR. MONY FRAER AND DR. GAURAV JAIN
1 DECLARATION OF EMILY VAN TUYL
2 I, Emily Van Tuyl, declare as follows:
3 1. I am an attorney with the law firm of Dechert LLP, attorneys for Specially-Appearing
4 Defendant GlaxoSmithKline LLC (“GSK”) in the above-captioned action. I make this declaration
5 in support of the Brand Defendants’ Motion to Strike Plaintiff’s “Rebuttal” Expert Nephrologists
6 Dr. Mony Fraer and Dr. Gaurav Jain. Unless otherwise stated, I have personal knowledge of the
7 matters stated herein and would competently testify if called upon as a witness.
8 2. Attached hereto as Exhibit A is a true and correct copy of the Expert Report of Barry
9 Boyd, M.D., dated July 14, 2022.
10 3. Attached hereto as Exhibit B is a true and correct copy of the Expert Report of Robert
11 M. Conry, M.D., dated July 13, 2022.
12 4. Attached hereto as Exhibit C is a true and correct copy of the Expert Report of Laura J.
13 Lampton, RN, BSN, CRRN, CNLCP, dated July 18, 2022.
14 5. Attached hereto as Exhibit D is a true and correct copy of Plaintiff’s Response to the
15 Brand-Name Defendants’ Form Interrogatories (Set One), No. 6.7, dated November 30, 2021.
16 6. Attached hereto as Exhibit E is a true and correct copy of excerpts of the transcript of
17 the April 22, 2022 videotaped deposition of James Goetz.
18 7. Attached hereto as Exhibit F is a true and correct copy of excerpts of the transcript of
19 the February 21, 2022 videotaped deposition of Alex J. Messina, M.D.
20 8. Attached hereto as Exhibit G is a true and correct copy of excerpts of the transcript of
21 the June 7, 2022 videotaped deposition of Alexander Connelly, M.D.
22 9. Attached hereto as Exhibit H is a true and correct copy of JGoetz-KHUSC-MD-000130-
23 137, Plaintiff’s medical record from June 9, 2019.
24 10. Attached hereto as Exhibit I is a true and correct copy of JGoetz-USCNCH-MD-
25 000047-52, Plaintiff’s medical record from March 29, 2021.
26 11. Attached hereto as Exhibit J is a true and correct copy of JGoetz-USCNCH-MD-
27 000060-64, Plaintiff’s medical record from April 27, 2021.
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DECLARATION OF EMILY VAN TUYL IN SUPPORT OF BRAND DEFENDANTS’ MOTION TO STRIKE
PLAINTIFF’S “REBUTTAL” EXPERT NEPHROLOGISTS DR. MONY FRAER AND DR. GAURAV JAIN
1 12. Attached hereto as Exhibit K is a true and correct copy of JGoetz-TMMC-MD-
2 000063-67, Plaintiff’s medical record from June 25, 2021.
3 13. Attached hereto as Exhibit L is a true and correct copy of the Expert Report of Anjay
4 Rastogi, M.D., Ph.D., dated August 29, 2022.
5 14. Attached hereto as Exhibit M is a true and correct copy of the Expert Report of James
6 M. Wilson, M.D., M.S., F.A.C.P., F.A.S.N., dated August 29, 2022.
7 15. Attached hereto as Exhibit N is a true and correct copy of the Materials Considered
8 List for the Expert Report of Anjay Rastogi, M.D., Ph.D., dated August 29, 2022.
9 16. Attached hereto as Exhibit O is a true and correct copy of the Expert Rebuttal Report
10 of Mony Fraer, M.D., M.H.C.D.S., C.P.E., F.A.C.P., F.A.S.N., A.H.S.C.P., dated September 22,
11 2022.
12 17. Attached hereto as Exhibit P is a true and correct copy of the Expert Rebuttal Report
13 of Gaurav Jain, M.D., F.A.S.N., dated September 21, 2022.
14 18. Attached hereto as Exhibit Q is a true and correct copy of Pretrial Order No. 4, dated
15 July 7, 2021.
16 19. On November 12, 2022, counsel for GSK wrote to Plaintiff’s counsel regarding their
17 intention to move to strike the reports and opinions of Dr. Mony Fraer and Dr. Gaurav Jain as
18 improper rebuttal experts. On November 14, 2022, Plaintiff’s counsel indicated that they would
19 not withdraw Drs. Fraer and Jain. Attached hereto as Exhibit R is a true and correct copy of the
20 meet and confer correspondence between counsel for GSK and Plaintiff’s counsel. As set forth
21 therein, counsel for GSK made a reasonable and good faith attempt at an informal resolution of
22 this dispute prior to filing this motion.
23 I declare under penalty of perjury under the laws of the State of California that the foregoing
24 is true and correct. Executed this 21st day of November 2022, in Lexington, Kentucky.
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26 ____________________________
Emily Van Tuyl
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DECLARATION OF EMILY VAN TUYL IN SUPPORT OF BRAND DEFENDANTS’ MOTION TO STRIKE
PLAINTIFF’S “REBUTTAL” EXPERT NEPHROLOGISTS DR. MONY FRAER AND DR. GAURAV JAIN
EXHIBIT A – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
EXHIBIT B – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
EXHIBIT C – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
EXHIBIT D – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
EXHIBIT E – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
EXHIBIT F – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
EXHIBIT G – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
EXHIBIT H – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
EXHIBIT I – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
EXHIBIT J – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
EXHIBIT K – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
EXHIBIT L – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
EXHIBIT M – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
EXHIBIT N – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
EXHIBIT O – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
EXHIBIT P – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
EXHIBIT Q
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FILED
ALAMEDA COUNTY
3 JUL 0 7 2021
4 CLERK TH PE IOR COURT
By Deputy
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7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 COUNTY OF ALAMEDA
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COORDINATION PROCEEDING JCCP NO. 5150
10 SPECIAL TITLE (RULE 3.550)
PRETRIAL ORDER NO.4'
11 RANITIDINE PRODUCTS CASES
CASE SCHEDULING,
12 BELLWETHER TRIAL CASE
THIS DOCUMENT RELATES TO: SELECTION, AND PREFERENCE
13 MOTIONS ORDER
ALL CASES
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28 ' This is the PTO #4 as proposed by the parties, but then amended by the court.
[PiterPOSED] PRETRIAL ORDER NO.4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION
1 THIS ORDER shall govern all cases being litigated as part of Judicial Council
2 Coordinated Proceeding No. 5150, Ranitidine Products Cases ("JCCP 5150"), whether by an original
3 filing, coordination, or transfer to this Court. Pursuant to Rules 3.540 and 3.541 of the California
4 Rules of Court ("CRC"), having considered the written submissions of the Parties, and good cause
5 appearing,
6 IT IS HEREBY ORDERED:
7 1. Pursuant to this Court's authority under.California Code of Civil Procedure
8 ("CCP") § 404.7, CRC 3.400, CRC, 3.504, CRC 3.540, and CRC 3.541, and to promote the ends
9 of justice and the efficient utilization of court and party resources in this coordinated proceeding,
10 this Court adopts the procedure below for setting the first bellwether cases for trial. In particular,
11 this Order is intended to further the goals of a fair and representative bellwether trial case
12 selection process and an orderly and efficient motion and trial schedule in this coordinated
13 proceeding. It is not designed to create advantages for any party. All parties reserve the right to
14 address any activities inconsistent with these stated goals with the Court at any time.
15 2. Initial Data Disclosure. By Friday, July 2, 2021, Plaintiffs' Liaison Counsel shall
16 provide to all Defendants an Excel spreadsheet containing the data elements listed on Exhibit A
17 for all California residents who are clients of Plaintiffs' Leadership and have filed or currently
18 intend to file cases within the JCCP. From this data, on a rolling basis, to the extent possible, but
19 not later than Monday, July 19, 2021, the Defendants shall jointly identify 100 Plaintiffs and
20 serve a list identifying those selections on Plaintiffs' Liaison Counsel.
21 3. Early Discovery. By Wednesday, August 18, 2021, and on a rolling basis to the
22 extent possible, Plaintiffs' Liaison Counsel shall serve completed Plaintiff Profile Forms
23 ("PPFs") electronically, via a platform to be selected by the parties, in the form set out in the
24 Order on Plaintiffs' Discovery and Profile Forms, and signed medical authorizations for the 100
25 Plaintiffs identified by the Defendants. By the same date, any of the 100 Plaintiffs identified by
26 Defendants who does not intend to proceed with his or her case or does not want to be selected as
27 a trial candidate should voluntarily dismiss his or her case. If there are deficiencies in any PPFs
28 served under this paragraph, Defendants shall notify Plaintiffs' Liaison Counsel by August 23,
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['PROPOSED] PRETRIAL ORDER NO. 4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION
1 2021, and Plaintiffs shall correct the deficiencies no later than August 30, 2021. For any Plaintiff
2 who has not served a complete, non-deficient PPF by August 30, 2021, Defendants may at their
3 option substitute another Plaintiff to be included in the pool of 100, and such replacement
4 Plaintiff shall serve a PPF and signed medical authorizations by September 9, 2021.
5 4. Bellwether Trial Candidate Selection. By Monday, October 18, 2021, the
6 Defendants shall select ten (10) bellwether trial candidates from the group of 100 Plaintiffs and
7 notify Plaintiffs' Liaison Counsel of those selections. By that same date, Plaintiffs' Liaison
8 Counsel shall select ten (10) bellwether California resident trial candidates and produce to the
9 Defendants a completed PPF and medical authorization for each of these ten (10) selected
10 Plaintiffs. Once these selections are made by both sides, discovery will be open with regard to
11 the twenty (20) bellwether trial candidates.
12 5. Individual Complaints and Responses. THE PARTIES AGREED: "By Friday,
13 October 29, 2021, or within eleven (11) days after selection as a trial candidate, each of the
14 twenty (20) bellwether trial candidates shall file an individual complaint to the extent not already
15 done. Any newly filed complaint will be considered "filed" and "served" on the date the original
16 complaint containing that Plaintiff was filed and/or served accordingly. Defendants shall have
17 thirty (30) days to file an answer, demurrer, motion to quash, motion to dismiss, or any other
18 responsive pleading from: (a) the date of the filing of an individual complaint by a bellwether trial
19 candidate pursuant to this paragraph; (b) the date of selection as a bellwether trial candidate
20 where an individual complaint was already filed and served before such selection; or (c) from the
21 date of service of an individual complaint if the original complaint has not yet been served at the
22 time of selection as a bellwether trial candidate." THE COURT is inclined to order that all
23 complaints in this JCCP must be single plaintiff complaints, not just the 20 cases selected as
24 bellwether cases. See separate case management order and order to show cause.
25 6. Dismissals. If a trial candidate selected by Defendants elects to voluntarily
26 dismiss his or her case within fourteen (14) days of selection, Defendants may select a substitute
27 trial candidate from the Excel spreadsheet identified in paragraph two (2). If a trial candidate
28 selected by Defendants elects to voluntarily dismiss his or her case more than fourteen (14) days
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[P-Ri3P19-S-B13] PRETRIAL ORDER NO. 4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION
1 after selection, the dismissal will be with prejudice. In addition, Defendants may select a
2 replacement trial candidate from the Excel spreadsheet identified in paragraph two (2) and de-
3 designate another Plaintiff from the trial pool during the trial pool selection process set forth
4 below. If a trial candidate selected by Defendants for the trial pool or as one of the first four trial
5 cases pursuant to Paragraph 7 or 9 below elects to voluntarily dismiss his or her case after
6 selection, Defendants may select a replacement case and will be provided, to the extent needed
7 after the parties meet and confer, four (4) months to complete fact discovery and three (3) months
8 to complete expert discovery in the case. A voluntary dismissal by plaintiffs shall not impact the
9 order or staggering of party selection of trial cases as set forth in Paragraph 9 below. The parties
10 reserve the right to seek additional relief in connection with voluntary dismissals.
11 7. Bellwether Trial Pool Selection. By Friday, March 11, 2022, each side shall
12 select four (4) bellwether trial picks from the bellwether trial candidates and notify the other side
13 of those selections. By Monday, March 21, 2022, each side will be allowed to de-designate from
14 the trial pool one bellwether trial pick from the four (4) selected by the other side and Defendants
15 will be allowed to de-designate any additional picks permitted based .on voluntary dismissals,
16 pursuant to paragraph 6 above, but the total de-designations by Defendants may not exceed two
17 (2). The remaining group of five (5) to six (6) bellwether trial picks shall be considered the
18 bellwether trial pool.
19 8. Fact Discovery Deadline. Any remaining fact discovery in bellwether trial pool
20 cases related to medical causation shall be completed by Wednesday, April 20, 2022, and any
21 other fact discovery shall be completed no later than forty-five (45) days prior to the specific trial
22 date for that Plaintiff.
23 9. Order of First Bellwether Cases for Trial. This Order sets forth a process and
24 schedule for the first four bellwether trials in this coordinated proceeding. The first bellwether
25 trial shall involve a case selected by Plaintiffs' Liaison Counsel, the second bellwether trial shall
26 involve a case selected by Defendants, the third bellwether trial shall involve a case selected by
27 Plaintiffs' Liaison Counsel, and the fourth bellwether trial shall involve a case selected by
28 Defendants. Such selections shall be submitted to the Court and exchanged by the parties from
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[PRIIPtMED] PRETRIAL ORDER NO. 4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION
1 the list of the bellwether trial pool cases by Wednesday, April 20, 2022. The parties, however,
2 may change their order of selections with any plaintiffs in the bellwether trial pool up to ninety
3 (90) days prior to trial upon a showing of extraordinary circumstances and following a meet and
4 confer between the parties.
5. 10. Expert Disclosures and Discovery.
6 a. By Friday, April 22, 2022, Plaintiffs shall serve expert disclosures for all of
7 the bellwether trial cases along with at least two proposed deposition dates for each expert. By
.8 Monday, May 23, 2022, Defendants shall serve expert disclosures for all of the bellwether trial
9 cases along with at least two proposed deposition dates for each expert. By Monday, June 6,
10 2022, Plaintiffs may serve rebuttal expert disclosures, which shall be strictly limited to opinions
11 that contradict or rebut opinions on the same subject matter offered by a Defendant's expert,
12 along with at least two proposed deposition dates for any rebuttal expert. Plaintiffs' experts shall
13 be deposed first, with such depositions completed by July 1, 2022, and Defendants' experts shall
14 be deposed by July 29, 2022.
15 b. Expert disclosures must be accompanied by a report that contains: a
16 complete statement of all opinions the witness will express and the basis and reasons for them;
17 the facts or data considered by the witness in forming them; the witness's qualifications,
18 including a list of all publications authored in the previous ten (10) years; a list of all other cases
19 in which, during the previous four (4) years, the witness testified as an expert at trial or by
20 deposition; and a statement of the compensation paid or to be paid in connection with the expert's
21 work in the Zantac (ranitidine) litigation. THE COURT notes that these requirements closely
22 track the FRCP 26(a)(2)(B) requirements for expert reports. The court will be inclined to rely on
23 the body of case law under FRCP 26(a)(2)(B) when addressing the adequacy of the paragraph
24 10(b) reports. See separate case management order.
25 c. The parties also agree that no party will seek discovery of any expert's
26 notes, drafts of expert reports, or communications with counsel, provided, however, that counsel
27 may serve discovery or inquire at a deposition about any facts, data, or assumptions provided to
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[PROPOSED] PRETRIAL ORDER NO. 4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION
1 the expert by counsel and upon which such expert is relying in expressing the expert's opinion as
2 well as invoices for any work performed in the Zantac (ranitidine) litigation.
3 11. Sargon and Dispositive Motions. Any motions to exclude expert testimony or
4 motions for summary judgment or adjudication related to the bellwether trial cases shall be filed
5 no later than Monday, August 1, 2022. Any opposition or response shall be filed by Friday,
6 August 26, 2022. Any Reply shall be filed by Wednesday, September 7, 2022. The Court will
7 conduct a hearing on all motions to exclude testimony of experts and dispositive motions on
8 Monday, September 12, 2022, or on a date that is convenient for the Court in this time period.
9 12. First Bellwether Trial. Jury selection for the first bellwether trial will begin on
10 Monday, October 10, 2022, at 9:00 am. A final pretrial conference is set for Friday, September
11 30, 2022, at 10:00 am. By Monday, August 1, 2022, the Parties shall jointly submit a proposed
12 bellwether trial schedule specifying dates for motions in limine, jury instructions, jury
13 questionnaires, exhibit lists, witness lists, deposition designations and objections, trial briefs, etc.,
14 for the first bellwether trial.
15 13. Second Bellwether Trial. Jury selection for the second bellwether trial will begin
16 on Monday, February 6, 2023. A final pretrial conference is set for Friday, February 3, 2023, at
17 10:00 am. By Monday, December 12, 2022, the Parties shall jointly submit a proposed
18 bellwether trial schedule specifying dates for motions in limine, jury instructions, jury
19 questionnaires, exhibit lists, witness lists, deposition designations and objections, trial briefs, etc.,
20 for the second bellwether trial. THE COURT intends to set a more accelerated schedule, with a
21 continuous, and increasing, pipeline of cases prepared and set for the trial. See separate case
22 management order.
23 14. Third Bellwether Trial. Jury selection for the third bellwether trial will begin on
24 Monday, May 1, 2023. A final pretrial conference is set for Friday, February Friday, April 28,
25 2023, at 10:00 am. By Monday, March 20, 2023, the Parties shall jointly submit a proposed
26 bellwether trial schedule specifying dates for motions in limine, jury instructions, jury
27 questionnaires, exhibit lists, witness lists, deposition designations and objections, trial briefs, etc.,
28 for the third bellwether trial. THE COURT intends to set a more accelerated schedule, with a
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[PROftterE-B] PRETRIAL ORDER NO. 4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION
1 continuous, and increasing, pipeline of cases prepared and set for the trial. See separate case
2 management order.
3 15. Fourth Bellwether Trial. Jury selection for the second bellwether trial will begin
4 on Monday, August 7, 2023. A final pretrial conference is set for Friday, August 4, 2023, at
5 10:00 am. By Monday, May 22, 2023, the Parties shall jointly submit a proposed bellwether trial
6 schedule specifying dates for motions in limine, jury instructions, jury questionnaires, exhibit
7 lists, witness lists deposition designations and objections, trial briefs, etc., for the fourth
8 bellwether trial. THE COURT intends to set a more accelerated schedule, with a continuous, and
9 increasing, pipeline of cases prepared and set for the trial. See separate case management order.
10 16. Trial Preference Motions. Pursuant to this Court's authority as Coordination
11 Trial Judge, this Court is authorized to prescribe the manner by which motions for trial preference
12 and trial preference settings are made. The Court, Plaintiffs' Executive Committee, and
13 Defendants recognize that trial preference settings prior to the completion of the initial four
14 bellwether trials would disrupt the process and schedule set forth above. Accordingly, no party
15 will file a preference motion trial before the conclusion of the fourth bellwether trial. The Court
16 will deny, without prejudice, any motions for trial preference filed in contravention of this Order.
17 In addition, any motion for trial preference filed outside of this JCCP in a case that meets the
18 criteria for addition to this JCCP will be denied, without prejudice, after the case is added to the
19 JCCP if such time is before the conclusion of the fourth bellwether trial.
20 17. Plaintiffs' Preferential Trial Recommendation Committee. The Court hereby
21 authorizes Plaintiffs' Liaison Counsel to appoint a Plaintiffs' Preferential Trial Recommendation
22 Committee. For those plaintiffs that would otherwise have filed a motion for trial preference
23 pursuant to California Code of Civil Procedure 36 prior to the conclusion of the fourth bellwether
24 trial, the plaintiff will be permitted to submit an application to the Plaintiffs' Preferential Trial
25 Recommendation Committee. Such prdcess will be set forth pursuant to a separate Pretrial Order
26 to be entered by the Court. For any application that is approved by the Plaintiffs' Preferential
27 Trial Recommendation Committee, the Defendants will not oppose, in the event the plaintiff dies
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[PRIOIVEED] PRETRIAL ORDER NO. 4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION
1 before the preference motion is granted, a request by such plaintiff to preserve pain and suffering
2 and exemplary damages to the extent they would otherwise be available had the plaintiff lived.
3 IT IS SO ORDERED.
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Dated:
Hono ble Jud e V
i ifTC
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[PRogfaefTE4-9] PRETRIAL ORDER NO. 4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION
1 EXHIBIT A - DATA FIELDS
2 • First and Last Name of Ranitidine User
• Address
3 • Sex
• Date of Birth •
4 • Date of Death (if applicable)
• Social Security Number
5 • Current spouse — y/n
• Current spouse First and Last Name
6 • For ranitidine product use, identify:
o Injection, syrup, tablet, capsule, or suspension
7 o OTC or Rx
o Generic or brand
8 o Approximate Dates of Usage (start/end date)
o Dosage
9 o Place(s) of Purchase (retailer(s)' name)
• Indication(s) for use
10 • Date of Diagnosis
• Type of Cancer
11 • Other cancer diagnoses — yes and type/no/not reported
• History of smoking or other tobacco use? yin
12 • Family history of cancer (parents, grandparents, siblings, children)
• Current Occupation
13 • History of obesity? y/n, and if y, current BMI or weight/height
• History of alcohol use? y/n
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[15K6Fp'SEM-PRETRIAL ORDER NO. 4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION
EXHIBIT R – CONFIDENTIAL
FILED CONDITIONALLY UNDER SEAL
1 PROOF OF SERVICE
2 I, the undersigned, declare: I am a citizen of the United States, over 18 years of age and
not a party to the within action. I am employed in the County of Los Angeles, State of California;
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my business address is 633 West 5th Street, Suite 4900, Los Angeles, CA 90071.
4 On the date specified below, I served a copy of the foregoing document described as:
5 DECLARATION OF EMILY VAN TUYL IN SUPPORT OF BRAND DEFENDANTS’
MOTION TO STRIKE PLAINTIFF’S “REBUTTAL” EXPERT NEPHROLOGISTS DR.
6 MONY FRAER AND DR. GAURAV JAIN
[PUBLIC REDACTED VERSION]
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on the interested parties in this action as follows:
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[X] BY ELECTRONIC TRANSMISSION: By electronically transmitting a true and correct
9 copy of the document(s) listed above to Case Anywhere, an electronic filing service provider, at
www.caseanywhere.com pursuant to the Court’s September 23, 2021 Pretrial Order No. 8
10 authorizing electronic service upon the interested parties in the Ranitidine Products Cases, JCCP
005150.
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[X] I declare under penalty of perjury under the laws of the State of California that the above
12 is true and correct.
13 Executed on November 21, 2022 at Los Angeles, California.
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Michael Tecuanhuehue
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D ECHERT LLP -1-
ATTO RNEY S AT LAW
LOS A NG EL ES
PROOF OF SERVICE
Preview
1 Kimberly Branscome (SBN 255480) Jay Bhimani (SBN 267689) 2 DECHERT LLP 3 633 W. 5th Street, Suite 4900 Los Angeles, CA 90071 4 Telephone: (213) 808-5700 Facsimile: (213) 808-5760 5 Email: kimberly.branscome@dechert.com Email: jay.bhimani@dechert.com 6 7 Jonathan Tam (SBN 304143) DECHERT LLP 8 One Bush Street, Suite 1600 San Francisco, CA 94104-4446 9 Telephone: (415) 262-4500 Facsimile: (415) 262-4555 10 Email: jonathan.tam@dechert.com 11 Attorneys for Specially-Appearing Defendant GlaxoSmithKline LLC 12 SUPERIOR COURT OF THE STATE OF CALIFORNIA 13 FOR THE COUNTY OF ALAMEDA 14 COORDINATION PROCEEDING JCCP NO. 5150 15 SPECIAL TITLE (RULE 3.550) Case No. RG20061705 16 ASSIGNED FOR ALL PURPOSES In re Ranitidine Cases JUDGE EVELIO GRILLO 17 DEPT. 21 DECLARATION OF EMILY VAN TUYL IN 18 THIS DOCUMENT RELATES TO: SUPPORT OF BRAND DEFENDANTS’ MOTION TO STRIKE PLAINTIFF’S 19 Goetz v. GlaxoSmithKline, et al., “REBUTTAL” EXPERT Case No. RG20061705 NEPHROLOGISTS DR. MONY FRAER 20 AND DR. GAURAV JAIN 21 ALL ACTIONS [PUBLIC REDACTED VERSION] 22 [Submitted Concurrently with Motion and Proposed Order] 23 24 Hearing Date: December 20, 2022 Hearing Time: 10:00 a.m. 25 Department: 21 Reservation ID: 691850949625 26 27 28 DECLARATION OF EMILY VAN TUYL IN SUPPORT OF BRAND DEFENDANTS’ MOTION TO STRIKE PLAINTIFF’S “REBUTTAL” EXPERT NEPHROLOGISTS DR. MONY FRAER AND DR. GAURAV JAIN 1 DECLARATION OF EMILY VAN TUYL 2 I, Emily Van Tuyl, declare as follows: 3 1. I am an attorney with the law firm of Dechert LLP, attorneys for Specially-Appearing 4 Defendant GlaxoSmithKline LLC (“GSK”) in the above-captioned action. I make this declaration 5 in support of the Brand Defendants’ Motion to Strike Plaintiff’s “Rebuttal” Expert Nephrologists 6 Dr. Mony Fraer and Dr. Gaurav Jain. Unless otherwise stated, I have personal knowledge of the 7 matters stated herein and would competently testify if called upon as a witness. 8 2. Attached hereto as Exhibit A is a true and correct copy of the Expert Report of Barry 9 Boyd, M.D., dated July 14, 2022. 10 3. Attached hereto as Exhibit B is a true and correct copy of the Expert Report of Robert 11 M. Conry, M.D., dated July 13, 2022. 12 4. Attached hereto as Exhibit C is a true and correct copy of the Expert Report of Laura J. 13 Lampton, RN, BSN, CRRN, CNLCP, dated July 18, 2022. 14 5. Attached hereto as Exhibit D is a true and correct copy of Plaintiff’s Response to the 15 Brand-Name Defendants’ Form Interrogatories (Set One), No. 6.7, dated November 30, 2021. 16 6. Attached hereto as Exhibit E is a true and correct copy of excerpts of the transcript of 17 the April 22, 2022 videotaped deposition of James Goetz. 18 7. Attached hereto as Exhibit F is a true and correct copy of excerpts of the transcript of 19 the February 21, 2022 videotaped deposition of Alex J. Messina, M.D. 20 8. Attached hereto as Exhibit G is a true and correct copy of excerpts of the transcript of 21 the June 7, 2022 videotaped deposition of Alexander Connelly, M.D. 22 9. Attached hereto as Exhibit H is a true and correct copy of JGoetz-KHUSC-MD-000130- 23 137, Plaintiff’s medical record from June 9, 2019. 24 10. Attached hereto as Exhibit I is a true and correct copy of JGoetz-USCNCH-MD- 25 000047-52, Plaintiff’s medical record from March 29, 2021. 26 11. Attached hereto as Exhibit J is a true and correct copy of JGoetz-USCNCH-MD- 27 000060-64, Plaintiff’s medical record from April 27, 2021. 28 1 DECLARATION OF EMILY VAN TUYL IN SUPPORT OF BRAND DEFENDANTS’ MOTION TO STRIKE PLAINTIFF’S “REBUTTAL” EXPERT NEPHROLOGISTS DR. MONY FRAER AND DR. GAURAV JAIN 1 12. Attached hereto as Exhibit K is a true and correct copy of JGoetz-TMMC-MD- 2 000063-67, Plaintiff’s medical record from June 25, 2021. 3 13. Attached hereto as Exhibit L is a true and correct copy of the Expert Report of Anjay 4 Rastogi, M.D., Ph.D., dated August 29, 2022. 5 14. Attached hereto as Exhibit M is a true and correct copy of the Expert Report of James 6 M. Wilson, M.D., M.S., F.A.C.P., F.A.S.N., dated August 29, 2022. 7 15. Attached hereto as Exhibit N is a true and correct copy of the Materials Considered 8 List for the Expert Report of Anjay Rastogi, M.D., Ph.D., dated August 29, 2022. 9 16. Attached hereto as Exhibit O is a true and correct copy of the Expert Rebuttal Report 10 of Mony Fraer, M.D., M.H.C.D.S., C.P.E., F.A.C.P., F.A.S.N., A.H.S.C.P., dated September 22, 11 2022. 12 17. Attached hereto as Exhibit P is a true and correct copy of the Expert Rebuttal Report 13 of Gaurav Jain, M.D., F.A.S.N., dated September 21, 2022. 14 18. Attached hereto as Exhibit Q is a true and correct copy of Pretrial Order No. 4, dated 15 July 7, 2021. 16 19. On November 12, 2022, counsel for GSK wrote to Plaintiff’s counsel regarding their 17 intention to move to strike the reports and opinions of Dr. Mony Fraer and Dr. Gaurav Jain as 18 improper rebuttal experts. On November 14, 2022, Plaintiff’s counsel indicated that they would 19 not withdraw Drs. Fraer and Jain. Attached hereto as Exhibit R is a true and correct copy of the 20 meet and confer correspondence between counsel for GSK and Plaintiff’s counsel. As set forth 21 therein, counsel for GSK made a reasonable and good faith attempt at an informal resolution of 22 this dispute prior to filing this motion. 23 I declare under penalty of perjury under the laws of the State of California that the foregoing 24 is true and correct. Executed this 21st day of November 2022, in Lexington, Kentucky. 25 26 ____________________________ Emily Van Tuyl 27 28 2 DECLARATION OF EMILY VAN TUYL IN SUPPORT OF BRAND DEFENDANTS’ MOTION TO STRIKE PLAINTIFF’S “REBUTTAL” EXPERT NEPHROLOGISTS DR. MONY FRAER AND DR. GAURAV JAIN EXHIBIT A – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL EXHIBIT B – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL EXHIBIT C – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL EXHIBIT D – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL EXHIBIT E – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL EXHIBIT F – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL EXHIBIT G – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL EXHIBIT H – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL EXHIBIT I – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL EXHIBIT J – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL EXHIBIT K – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL EXHIBIT L – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL EXHIBIT M – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL EXHIBIT N – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL EXHIBIT O – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL EXHIBIT P – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL EXHIBIT Q 1110111211101911111101 1 2 FILED ALAMEDA COUNTY 3 JUL 0 7 2021 4 CLERK TH PE IOR COURT By Deputy 5 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF ALAMEDA 9 COORDINATION PROCEEDING JCCP NO. 5150 10 SPECIAL TITLE (RULE 3.550) PRETRIAL ORDER NO.4' 11 RANITIDINE PRODUCTS CASES CASE SCHEDULING, 12 BELLWETHER TRIAL CASE THIS DOCUMENT RELATES TO: SELECTION, AND PREFERENCE 13 MOTIONS ORDER ALL CASES 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ' This is the PTO #4 as proposed by the parties, but then amended by the court. [PiterPOSED] PRETRIAL ORDER NO.4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION 1 THIS ORDER shall govern all cases being litigated as part of Judicial Council 2 Coordinated Proceeding No. 5150, Ranitidine Products Cases ("JCCP 5150"), whether by an original 3 filing, coordination, or transfer to this Court. Pursuant to Rules 3.540 and 3.541 of the California 4 Rules of Court ("CRC"), having considered the written submissions of the Parties, and good cause 5 appearing, 6 IT IS HEREBY ORDERED: 7 1. Pursuant to this Court's authority under.California Code of Civil Procedure 8 ("CCP") § 404.7, CRC 3.400, CRC, 3.504, CRC 3.540, and CRC 3.541, and to promote the ends 9 of justice and the efficient utilization of court and party resources in this coordinated proceeding, 10 this Court adopts the procedure below for setting the first bellwether cases for trial. In particular, 11 this Order is intended to further the goals of a fair and representative bellwether trial case 12 selection process and an orderly and efficient motion and trial schedule in this coordinated 13 proceeding. It is not designed to create advantages for any party. All parties reserve the right to 14 address any activities inconsistent with these stated goals with the Court at any time. 15 2. Initial Data Disclosure. By Friday, July 2, 2021, Plaintiffs' Liaison Counsel shall 16 provide to all Defendants an Excel spreadsheet containing the data elements listed on Exhibit A 17 for all California residents who are clients of Plaintiffs' Leadership and have filed or currently 18 intend to file cases within the JCCP. From this data, on a rolling basis, to the extent possible, but 19 not later than Monday, July 19, 2021, the Defendants shall jointly identify 100 Plaintiffs and 20 serve a list identifying those selections on Plaintiffs' Liaison Counsel. 21 3. Early Discovery. By Wednesday, August 18, 2021, and on a rolling basis to the 22 extent possible, Plaintiffs' Liaison Counsel shall serve completed Plaintiff Profile Forms 23 ("PPFs") electronically, via a platform to be selected by the parties, in the form set out in the 24 Order on Plaintiffs' Discovery and Profile Forms, and signed medical authorizations for the 100 25 Plaintiffs identified by the Defendants. By the same date, any of the 100 Plaintiffs identified by 26 Defendants who does not intend to proceed with his or her case or does not want to be selected as 27 a trial candidate should voluntarily dismiss his or her case. If there are deficiencies in any PPFs 28 served under this paragraph, Defendants shall notify Plaintiffs' Liaison Counsel by August 23, -2- ['PROPOSED] PRETRIAL ORDER NO. 4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION 1 2021, and Plaintiffs shall correct the deficiencies no later than August 30, 2021. For any Plaintiff 2 who has not served a complete, non-deficient PPF by August 30, 2021, Defendants may at their 3 option substitute another Plaintiff to be included in the pool of 100, and such replacement 4 Plaintiff shall serve a PPF and signed medical authorizations by September 9, 2021. 5 4. Bellwether Trial Candidate Selection. By Monday, October 18, 2021, the 6 Defendants shall select ten (10) bellwether trial candidates from the group of 100 Plaintiffs and 7 notify Plaintiffs' Liaison Counsel of those selections. By that same date, Plaintiffs' Liaison 8 Counsel shall select ten (10) bellwether California resident trial candidates and produce to the 9 Defendants a completed PPF and medical authorization for each of these ten (10) selected 10 Plaintiffs. Once these selections are made by both sides, discovery will be open with regard to 11 the twenty (20) bellwether trial candidates. 12 5. Individual Complaints and Responses. THE PARTIES AGREED: "By Friday, 13 October 29, 2021, or within eleven (11) days after selection as a trial candidate, each of the 14 twenty (20) bellwether trial candidates shall file an individual complaint to the extent not already 15 done. Any newly filed complaint will be considered "filed" and "served" on the date the original 16 complaint containing that Plaintiff was filed and/or served accordingly. Defendants shall have 17 thirty (30) days to file an answer, demurrer, motion to quash, motion to dismiss, or any other 18 responsive pleading from: (a) the date of the filing of an individual complaint by a bellwether trial 19 candidate pursuant to this paragraph; (b) the date of selection as a bellwether trial candidate 20 where an individual complaint was already filed and served before such selection; or (c) from the 21 date of service of an individual complaint if the original complaint has not yet been served at the 22 time of selection as a bellwether trial candidate." THE COURT is inclined to order that all 23 complaints in this JCCP must be single plaintiff complaints, not just the 20 cases selected as 24 bellwether cases. See separate case management order and order to show cause. 25 6. Dismissals. If a trial candidate selected by Defendants elects to voluntarily 26 dismiss his or her case within fourteen (14) days of selection, Defendants may select a substitute 27 trial candidate from the Excel spreadsheet identified in paragraph two (2). If a trial candidate 28 selected by Defendants elects to voluntarily dismiss his or her case more than fourteen (14) days -3- [P-Ri3P19-S-B13] PRETRIAL ORDER NO. 4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION 1 after selection, the dismissal will be with prejudice. In addition, Defendants may select a 2 replacement trial candidate from the Excel spreadsheet identified in paragraph two (2) and de- 3 designate another Plaintiff from the trial pool during the trial pool selection process set forth 4 below. If a trial candidate selected by Defendants for the trial pool or as one of the first four trial 5 cases pursuant to Paragraph 7 or 9 below elects to voluntarily dismiss his or her case after 6 selection, Defendants may select a replacement case and will be provided, to the extent needed 7 after the parties meet and confer, four (4) months to complete fact discovery and three (3) months 8 to complete expert discovery in the case. A voluntary dismissal by plaintiffs shall not impact the 9 order or staggering of party selection of trial cases as set forth in Paragraph 9 below. The parties 10 reserve the right to seek additional relief in connection with voluntary dismissals. 11 7. Bellwether Trial Pool Selection. By Friday, March 11, 2022, each side shall 12 select four (4) bellwether trial picks from the bellwether trial candidates and notify the other side 13 of those selections. By Monday, March 21, 2022, each side will be allowed to de-designate from 14 the trial pool one bellwether trial pick from the four (4) selected by the other side and Defendants 15 will be allowed to de-designate any additional picks permitted based .on voluntary dismissals, 16 pursuant to paragraph 6 above, but the total de-designations by Defendants may not exceed two 17 (2). The remaining group of five (5) to six (6) bellwether trial picks shall be considered the 18 bellwether trial pool. 19 8. Fact Discovery Deadline. Any remaining fact discovery in bellwether trial pool 20 cases related to medical causation shall be completed by Wednesday, April 20, 2022, and any 21 other fact discovery shall be completed no later than forty-five (45) days prior to the specific trial 22 date for that Plaintiff. 23 9. Order of First Bellwether Cases for Trial. This Order sets forth a process and 24 schedule for the first four bellwether trials in this coordinated proceeding. The first bellwether 25 trial shall involve a case selected by Plaintiffs' Liaison Counsel, the second bellwether trial shall 26 involve a case selected by Defendants, the third bellwether trial shall involve a case selected by 27 Plaintiffs' Liaison Counsel, and the fourth bellwether trial shall involve a case selected by 28 Defendants. Such selections shall be submitted to the Court and exchanged by the parties from -4- [PRIIPtMED] PRETRIAL ORDER NO. 4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION 1 the list of the bellwether trial pool cases by Wednesday, April 20, 2022. The parties, however, 2 may change their order of selections with any plaintiffs in the bellwether trial pool up to ninety 3 (90) days prior to trial upon a showing of extraordinary circumstances and following a meet and 4 confer between the parties. 5. 10. Expert Disclosures and Discovery. 6 a. By Friday, April 22, 2022, Plaintiffs shall serve expert disclosures for all of 7 the bellwether trial cases along with at least two proposed deposition dates for each expert. By .8 Monday, May 23, 2022, Defendants shall serve expert disclosures for all of the bellwether trial 9 cases along with at least two proposed deposition dates for each expert. By Monday, June 6, 10 2022, Plaintiffs may serve rebuttal expert disclosures, which shall be strictly limited to opinions 11 that contradict or rebut opinions on the same subject matter offered by a Defendant's expert, 12 along with at least two proposed deposition dates for any rebuttal expert. Plaintiffs' experts shall 13 be deposed first, with such depositions completed by July 1, 2022, and Defendants' experts shall 14 be deposed by July 29, 2022. 15 b. Expert disclosures must be accompanied by a report that contains: a 16 complete statement of all opinions the witness will express and the basis and reasons for them; 17 the facts or data considered by the witness in forming them; the witness's qualifications, 18 including a list of all publications authored in the previous ten (10) years; a list of all other cases 19 in which, during the previous four (4) years, the witness testified as an expert at trial or by 20 deposition; and a statement of the compensation paid or to be paid in connection with the expert's 21 work in the Zantac (ranitidine) litigation. THE COURT notes that these requirements closely 22 track the FRCP 26(a)(2)(B) requirements for expert reports. The court will be inclined to rely on 23 the body of case law under FRCP 26(a)(2)(B) when addressing the adequacy of the paragraph 24 10(b) reports. See separate case management order. 25 c. The parties also agree that no party will seek discovery of any expert's 26 notes, drafts of expert reports, or communications with counsel, provided, however, that counsel 27 may serve discovery or inquire at a deposition about any facts, data, or assumptions provided to 28 -5- [PROPOSED] PRETRIAL ORDER NO. 4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION 1 the expert by counsel and upon which such expert is relying in expressing the expert's opinion as 2 well as invoices for any work performed in the Zantac (ranitidine) litigation. 3 11. Sargon and Dispositive Motions. Any motions to exclude expert testimony or 4 motions for summary judgment or adjudication related to the bellwether trial cases shall be filed 5 no later than Monday, August 1, 2022. Any opposition or response shall be filed by Friday, 6 August 26, 2022. Any Reply shall be filed by Wednesday, September 7, 2022. The Court will 7 conduct a hearing on all motions to exclude testimony of experts and dispositive motions on 8 Monday, September 12, 2022, or on a date that is convenient for the Court in this time period. 9 12. First Bellwether Trial. Jury selection for the first bellwether trial will begin on 10 Monday, October 10, 2022, at 9:00 am. A final pretrial conference is set for Friday, September 11 30, 2022, at 10:00 am. By Monday, August 1, 2022, the Parties shall jointly submit a proposed 12 bellwether trial schedule specifying dates for motions in limine, jury instructions, jury 13 questionnaires, exhibit lists, witness lists, deposition designations and objections, trial briefs, etc., 14 for the first bellwether trial. 15 13. Second Bellwether Trial. Jury selection for the second bellwether trial will begin 16 on Monday, February 6, 2023. A final pretrial conference is set for Friday, February 3, 2023, at 17 10:00 am. By Monday, December 12, 2022, the Parties shall jointly submit a proposed 18 bellwether trial schedule specifying dates for motions in limine, jury instructions, jury 19 questionnaires, exhibit lists, witness lists, deposition designations and objections, trial briefs, etc., 20 for the second bellwether trial. THE COURT intends to set a more accelerated schedule, with a 21 continuous, and increasing, pipeline of cases prepared and set for the trial. See separate case 22 management order. 23 14. Third Bellwether Trial. Jury selection for the third bellwether trial will begin on 24 Monday, May 1, 2023. A final pretrial conference is set for Friday, February Friday, April 28, 25 2023, at 10:00 am. By Monday, March 20, 2023, the Parties shall jointly submit a proposed 26 bellwether trial schedule specifying dates for motions in limine, jury instructions, jury 27 questionnaires, exhibit lists, witness lists, deposition designations and objections, trial briefs, etc., 28 for the third bellwether trial. THE COURT intends to set a more accelerated schedule, with a -6 [PROftterE-B] PRETRIAL ORDER NO. 4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION 1 continuous, and increasing, pipeline of cases prepared and set for the trial. See separate case 2 management order. 3 15. Fourth Bellwether Trial. Jury selection for the second bellwether trial will begin 4 on Monday, August 7, 2023. A final pretrial conference is set for Friday, August 4, 2023, at 5 10:00 am. By Monday, May 22, 2023, the Parties shall jointly submit a proposed bellwether trial 6 schedule specifying dates for motions in limine, jury instructions, jury questionnaires, exhibit 7 lists, witness lists deposition designations and objections, trial briefs, etc., for the fourth 8 bellwether trial. THE COURT intends to set a more accelerated schedule, with a continuous, and 9 increasing, pipeline of cases prepared and set for the trial. See separate case management order. 10 16. Trial Preference Motions. Pursuant to this Court's authority as Coordination 11 Trial Judge, this Court is authorized to prescribe the manner by which motions for trial preference 12 and trial preference settings are made. The Court, Plaintiffs' Executive Committee, and 13 Defendants recognize that trial preference settings prior to the completion of the initial four 14 bellwether trials would disrupt the process and schedule set forth above. Accordingly, no party 15 will file a preference motion trial before the conclusion of the fourth bellwether trial. The Court 16 will deny, without prejudice, any motions for trial preference filed in contravention of this Order. 17 In addition, any motion for trial preference filed outside of this JCCP in a case that meets the 18 criteria for addition to this JCCP will be denied, without prejudice, after the case is added to the 19 JCCP if such time is before the conclusion of the fourth bellwether trial. 20 17. Plaintiffs' Preferential Trial Recommendation Committee. The Court hereby 21 authorizes Plaintiffs' Liaison Counsel to appoint a Plaintiffs' Preferential Trial Recommendation 22 Committee. For those plaintiffs that would otherwise have filed a motion for trial preference 23 pursuant to California Code of Civil Procedure 36 prior to the conclusion of the fourth bellwether 24 trial, the plaintiff will be permitted to submit an application to the Plaintiffs' Preferential Trial 25 Recommendation Committee. Such prdcess will be set forth pursuant to a separate Pretrial Order 26 to be entered by the Court. For any application that is approved by the Plaintiffs' Preferential 27 Trial Recommendation Committee, the Defendants will not oppose, in the event the plaintiff dies 28 -7- [PRIOIVEED] PRETRIAL ORDER NO. 4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION 1 before the preference motion is granted, a request by such plaintiff to preserve pain and suffering 2 and exemplary damages to the extent they would otherwise be available had the plaintiff lived. 3 IT IS SO ORDERED. 4 5 Dated: Hono ble Jud e V i ifTC ed' Y. Smith 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8- [PRogfaefTE4-9] PRETRIAL ORDER NO. 4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION 1 EXHIBIT A - DATA FIELDS 2 • First and Last Name of Ranitidine User • Address 3 • Sex • Date of Birth • 4 • Date of Death (if applicable) • Social Security Number 5 • Current spouse — y/n • Current spouse First and Last Name 6 • For ranitidine product use, identify: o Injection, syrup, tablet, capsule, or suspension 7 o OTC or Rx o Generic or brand 8 o Approximate Dates of Usage (start/end date) o Dosage 9 o Place(s) of Purchase (retailer(s)' name) • Indication(s) for use 10 • Date of Diagnosis • Type of Cancer 11 • Other cancer diagnoses — yes and type/no/not reported • History of smoking or other tobacco use? yin 12 • Family history of cancer (parents, grandparents, siblings, children) • Current Occupation 13 • History of obesity? y/n, and if y, current BMI or weight/height • History of alcohol use? y/n 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -9- [15K6Fp'SEM-PRETRIAL ORDER NO. 4: CASE SCHEDULING AND BELLWETHER TRIAL SELECTION EXHIBIT R – CONFIDENTIAL FILED CONDITIONALLY UNDER SEAL 1 PROOF OF SERVICE 2 I, the undersigned, declare: I am a citizen of the United States, over 18 years of age and not a party to the within action. I am employed in the County of Los Angeles, State of California; 3 my business address is 633 West 5th Street, Suite 4900, Los Angeles, CA 90071. 4 On the date specified below, I served a copy of the foregoing document described as: 5 DECLARATION OF EMILY VAN TUYL IN SUPPORT OF BRAND DEFENDANTS’ MOTION TO STRIKE PLAINTIFF’S “REBUTTAL” EXPERT NEPHROLOGISTS DR. 6 MONY FRAER AND DR. GAURAV JAIN [PUBLIC REDACTED VERSION] 7 on the interested parties in this action as follows: 8 [X] BY ELECTRONIC TRANSMISSION: By electronically transmitting a true and correct 9 copy of the document(s) listed above to Case Anywhere, an electronic filing service provider, at www.caseanywhere.com pursuant to the Court’s September 23, 2021 Pretrial Order No. 8 10 authorizing electronic service upon the interested parties in the Ranitidine Products Cases, JCCP 005150. 11 [X] I declare under penalty of perjury under the laws of the State of California that the above 12 is true and correct. 13 Executed on November 21, 2022 at Los Angeles, California. 14 15 Michael Tecuanhuehue 16 17 18 19 20 21 22 23 24 25 26 27 28 D ECHERT LLP -1- ATTO RNEY S AT LAW LOS A NG EL ES PROOF OF SERVICE