On August 14, 2020 a
Order
was filed
involving a dispute between
Stephens, Donnetta,
and
Crown Ace Hardware,
Does 1 Through 100 Inclusive,
Monsato Company,
Wilbur-Ellis Company, Llc,
Wilbur-Ellis Nutrition, Llc,
for Product Liability Unlimited
in the District Court of San Bernardino County.
Preview
V
fillNI‘lIIlfllllllillfllllt||||l||l1llflllllli|V
L _2za1_14a7 .
Michael L. Baum (SBN 11951 1) Peter Miller (pro hac vice)
mbaum@baumhedlundlaw.com pmiller@millerdellafera.com
R. Brent Wisner (SBN 276023) MILLER DELLAFERA PLC 3420 Pump
rbwisner@baumhedlundlaw.com Road PMB 404
Pedram Esfandiary (SBN 3 12569) Henrico, VA 23233—1 1 11
pesfandiary@baumhedlundlaw.com Telephone: (800) 401-6670
BAUM HEDLUND ARISTEI Facsimile: (888) 830-1488
GOLDMAN PC FILED
AWEDA COUNTY
10940 Wilshire Blvd., 17th Floor
Los Angeles, CA 90024
FEB o 2921
Telephone: (3 10) 207-3233 g
Facsimile: (3 1 0) 820-7444
\OOOVQ
Michael Miller (pro hac vice)
mmiller@millerfirmllc.com
10
THE MILLER FIRM, LLC
108 Railroad Ave.
11 Orange, VA 22960
Telephone: (540) 672-4224
12 Facsimile: (540) 672-3055
Attorneysfor JCCP Plaintiffs"
13 '
Sandra A. Edwards (S'tate'Bar No. 154578) Joe G. Hollingsworth (pro hac vice)
'14
sedwards@winston.com jhollingsworth@hollingsworthllp.com
Eric G. Lasker (pro hac vice)
15 WINSTON & STRAWN LLP
101 California Street, 35th Floor elasker@hollingsworthllp.com
16 CA 941 1-5840 Martin C. Calhoun (pro hac vice)
San Francisco, 1
Telephone: (415) 591-1412 mcalhoun@hollingsw0rthllp.com
17
Facsimile: (415) 591-1400
HOLLINGSWORTH LLP
1350 I Street, N.W.
18
Washington, DC 20005
Telephone: (202) 898-5800
19
Facsimile: (202) 682-1639
20
SUPERIOR COURT OF THE STATE OF CALIFORNIA
21 COUNTY 0F ALAMEDA SB 2 CW 1 DI; 80 1
22 .4953
COORDINATION PROCEEDING SPECIAL
23 TITLE (RULE 3 550)
ASSIGNED FOR ALL PURPOSES TO
JUDGE WINIFRED SMITH
24 ROUNDUP PRODUCTS CASES DEPARTMENT 21
25 PMD
ORDER NO.
CASE MANAGEMENT
21
26 THIS DOCUMENT RELATES TO:
_27
ALL ACTIONS
28
[PROPOSED] CMO NO. 2 UPDATED CASE MANAGEMENT PROCEDURES
l:
THIS ORDER shall govern all cases being litigated as part of Judicial Council Coordinated
Proceeding No. '4953, In r'e Roundup Product Cases (“JCCP 4953”), whether an original filing,
Rules of Court (“CRC”) Rules 3.540 and
w coordination, or transfer to this Court. Pursuant to California
3.541, having considered the written submissions of the parties,
and good cause appearing,
.IT
IS HEREBY ORDRERED:
1. Plaintiffs Firms Who Failed to Engage in Mandatory Settlement Discussions: By no later
who have not yet participated in settlement discussions with Monsanto
than March 1, 2021 all plaintiffs
\OOOQO
will participate in a settlement process with Mdnsanto. Those firms who fail to engage in good-faith
settlement discussions by March 1, 2021 should be prepared to presen} good-éause for why they have
10 ngt done so at the next Case Management Conference.
'
2; Identifying Remaiiiing Cases: By no later than February 15, 2021 any counsel who intexids to
11
12 proceed with a claim on behalf of a plaintiff for whom they filed a complaint, and who is not part of any
must provide to Defendants and Plaintiffs’ Liaisbn Counsel a list or spreadsheet that includes
13 settlement,
name of Plaintiff; 2) date of filing; 3) county of filing; 4) case number; and
‘14 the following information: l)
15 5) name of attorney and/or firm who is respongible for the Plaintiff’s claim for litigation and/or
16 resolution purposes, and date when retained by Plaintiff.
than February 22, 2021 each Plaintiff must provide to Defendants and
Plaintiffs"
l7 3. By no later
émitten statement verifying that the information in the most recent Plaintiff
18 Liaison Counsel either: 1)
l9 Fact Sheet (identified by date) is current, complete, and accurate 6r that the deadline for the submission
Fact Sheet With cufiént,
20 bf a Plaintiff Fact Sheet has not yet occurred; or 2) an updated Plaintiff I
21 complete, and accurate information.
than February 22, ‘2021 each Plaintiff must submit to Defendants
updated
22 4. By no later
23 authorization forms for the release of medical records.
24 5. Any Plaintiff who has medical, psychiatric, insurance, pharmacy,uo¥ workers compensation
25 records in his/her possession or his/her attorney’s possession,
shall produce all such records on MDL
the date of this Order, to the extent the
26 Centrality (or mutually agreed alternate) within 14 days of
27 records have not already been produced Any new records obtained by those Plaintiffs shall be produced
on MDL Centrality (or mutually agreed alternate) within 14 days of receipt of the records Plaintiffs can
28
[PROPOSED] CMO NO. 21. UPDATED CASE MANAGEMENT PROCEDURES
Document Filed Date
February 09, 2021
Case Filing Date
August 14, 2020
Category
Product Liability Unlimited
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V fillNI‘lIIlfllllllillfllllt||||l||l1llflllllli|V L _2za1_14a7 . Michael L. Baum (SBN 11951 1) Peter Miller (pro hac vice) mbaum@baumhedlundlaw.com pmiller@millerdellafera.com R. Brent Wisner (SBN 276023) MILLER DELLAFERA PLC 3420 Pump rbwisner@baumhedlundlaw.com Road PMB 404 Pedram Esfandiary (SBN 3 12569) Henrico, VA 23233—1 1 11 pesfandiary@baumhedlundlaw.com Telephone: (800) 401-6670 BAUM HEDLUND ARISTEI Facsimile: (888) 830-1488 GOLDMAN PC FILED AWEDA COUNTY 10940 Wilshire Blvd., 17th Floor Los Angeles, CA 90024 FEB o 2921 Telephone: (3 10) 207-3233 g Facsimile: (3 1 0) 820-7444 \OOOVQ Michael Miller (pro hac vice) mmiller@millerfirmllc.com 10 THE MILLER FIRM, LLC 108 Railroad Ave. 11 Orange, VA 22960 Telephone: (540) 672-4224 12 Facsimile: (540) 672-3055 Attorneysfor JCCP Plaintiffs" 13 ' Sandra A. Edwards (S'tate'Bar No. 154578) Joe G. Hollingsworth (pro hac vice) '14 sedwards@winston.com jhollingsworth@hollingsworthllp.com Eric G. Lasker (pro hac vice) 15 WINSTON & STRAWN LLP 101 California Street, 35th Floor elasker@hollingsworthllp.com 16 CA 941 1-5840 Martin C. Calhoun (pro hac vice) San Francisco, 1 Telephone: (415) 591-1412 mcalhoun@hollingsw0rthllp.com 17 Facsimile: (415) 591-1400 HOLLINGSWORTH LLP 1350 I Street, N.W. 18 Washington, DC 20005 Telephone: (202) 898-5800 19 Facsimile: (202) 682-1639 20 SUPERIOR COURT OF THE STATE OF CALIFORNIA 21 COUNTY 0F ALAMEDA SB 2 CW 1 DI; 80 1 22 .4953 COORDINATION PROCEEDING SPECIAL 23 TITLE (RULE 3 550) ASSIGNED FOR ALL PURPOSES TO JUDGE WINIFRED SMITH 24 ROUNDUP PRODUCTS CASES DEPARTMENT 21 25 PMD ORDER NO. CASE MANAGEMENT 21 26 THIS DOCUMENT RELATES TO: _27 ALL ACTIONS 28 [PROPOSED] CMO NO. 2 UPDATED CASE MANAGEMENT PROCEDURES l: THIS ORDER shall govern all cases being litigated as part of Judicial Council Coordinated Proceeding No. '4953, In r'e Roundup Product Cases (“JCCP 4953”), whether an original filing, Rules of Court (“CRC”) Rules 3.540 and w coordination, or transfer to this Court. Pursuant to California 3.541, having considered the written submissions of the parties, and good cause appearing, .IT IS HEREBY ORDRERED: 1. Plaintiffs Firms Who Failed to Engage in Mandatory Settlement Discussions: By no later who have not yet participated in settlement discussions with Monsanto than March 1, 2021 all plaintiffs \OOOQO will participate in a settlement process with Mdnsanto. Those firms who fail to engage in good-faith settlement discussions by March 1, 2021 should be prepared to presen} good-éause for why they have 10 ngt done so at the next Case Management Conference. ' 2; Identifying Remaiiiing Cases: By no later than February 15, 2021 any counsel who intexids to 11 12 proceed with a claim on behalf of a plaintiff for whom they filed a complaint, and who is not part of any must provide to Defendants and Plaintiffs’ Liaisbn Counsel a list or spreadsheet that includes 13 settlement, name of Plaintiff; 2) date of filing; 3) county of filing; 4) case number; and ‘14 the following information: l) 15 5) name of attorney and/or firm who is respongible for the Plaintiff’s claim for litigation and/or 16 resolution purposes, and date when retained by Plaintiff. than February 22, 2021 each Plaintiff must provide to Defendants and Plaintiffs" l7 3. By no later émitten statement verifying that the information in the most recent Plaintiff 18 Liaison Counsel either: 1) l9 Fact Sheet (identified by date) is current, complete, and accurate 6r that the deadline for the submission Fact Sheet With cufiént, 20 bf a Plaintiff Fact Sheet has not yet occurred; or 2) an updated Plaintiff I 21 complete, and accurate information. than February 22, ‘2021 each Plaintiff must submit to Defendants updated 22 4. By no later 23 authorization forms for the release of medical records. 24 5. Any Plaintiff who has medical, psychiatric, insurance, pharmacy,uo¥ workers compensation 25 records in his/her possession or his/her attorney’s possession, shall produce all such records on MDL the date of this Order, to the extent the 26 Centrality (or mutually agreed alternate) within 14 days of 27 records have not already been produced Any new records obtained by those Plaintiffs shall be produced on MDL Centrality (or mutually agreed alternate) within 14 days of receipt of the records Plaintiffs can 28 [PROPOSED] CMO NO. 21. UPDATED CASE MANAGEMENT PROCEDURES