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
I(llllmllflllllllllfllllflllllllllillllmlllll
22811493 L
Michael L. Baum (SBN 1‘1951 1) Peter Miller (pro hac vice)
mbaum@baumhed1undlaw.com pmiller@millerdellafera.com
R. Brent Wisner (SBN 276023) MILLER DELLAFERA PLC 3420 Pump
Road PMB 404
’
rbwisner@baumhedlundlaw.com
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
10940 Wilshire Blvd., 17th Floor
Los Angeles, CA 90024
OOQON Telephone: (3 10) 207-3233
Facsimile: (310) 820-7444 ALAMEDA COUNTY
Michael Miller (pro hac vice) FEB o §~2021
\O
mmiller@millerfirmllc.com IORGOURT
CLERK FT S P
10
THE MILLER FIRM, LLC Deputy
ay
108 Railroad Ave.
11 Orange, VA 22960 .
Telephone: (540) 672-4224
12 Facsimile: (540) 672-3055
Attorneysfor JCCP Plaintijfs
13
Sandra A. Edwards (State Bar No. 154578) Joe G. Hollingsworth (pro hac vice)
14
sedwards@winston.com jhollingsworth@hollingsworthllp.com
15 WINSTON & STRAWN LLP Eric G. Lasker (pro hac vice)
101 'Califomia Street, 35th Floor elasker@hollingsworthllpxiom
16 San Francisco, CA 941 l 1-5840 Martin C. Calhoun (pro hac vice)
Telephone: (415) 591-1412 mcalhoun@hollingsworthllp.com
17
Facsimile; (415) 59141400 HOLLINGSWORTH LLP
1350 I Street, N.W.
18
Washington, DC 20005
19
20
21
22
23
24
25
\
COORDINATION PROCEEDING SPECIAL
TITLE (RULE 3.550)
_R0UNDUP PRODUCTS CASES
|
WTelephone: (202) 898—5800
Facsimile: (202) 682-1639
SUPERIOR COURT OF THE STATE 0F CALIFORNIA
COUNTY OF ALAMEDA
CIVSB 210‘i801
ASSIGNED FOR ALL PURPOSES TO
JUDGE WINIFRED SMITH
DEPARTMENT 21
[-FROPOSED] CASE MANAGEMENT .
THIS DOCUMENT RELATES TO: ORDER NO. 21
26
27 ALL ACTIONS
28
[PROPOSED] CMO NO. 21: UPDATED CASE MANAGEMENT PROCEDURES
THIS ORDER shall govern all cases being litigated as part of Judicial Council Coordinated
Proceeding No. 4953, In re Roundup Product Cases (“JCCP 4953”), whether
an original filing,
Court (“CRC”) Rules 3.540 and
coordination, or transfer to this Court. Pursuant to California Rules of
and good cause appearing,-
3.541, having considered the written submissions of the parties,
'
IT Is HEREBY 0RDRERED:
1. Plain'tiffs Firms Who Failed to Engage in Mandatory Settlement Discussions: By no later {
than March l, 2021 all plaintiffs who have not yet participated in settlemenf discussions with Monsanto
will participate in a’settlement process with Monsanto. Those firms who fail to engage in good-faith
settlement discussions by March 1, 2021 should be prepared'to present good cause for why they have
10 not done so at the next Case Management Conference.
2. Identifying Remaining Cases: By no later than February 15, 2021 any counsel who intends t0
11
whom they filed a complaint, and yvho is not part of any
12 proceed with a claim on behalf 0f a plaintiff for
must provide to Defendants and Plaintiffs’ Liaison 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: 1)
15 5) name of attomeyand/or firm who is responsible for the Plaintiff‘s claim for litigation and/or
16 resolution purposes, arid date when retained by Plaintiff.
than February 22, 2021 each Plaintiff must provide to Defendants and
Plaintiffs’
17. 3. By no later
in the most recent Plaintiff
18 Liaison Counsel either: i) a written Statement verifying that the information
current, complete, and accurate or that the deadline for the submission
19 Fact Sheet (identified by date) is
Plaintiff Fact Sheet with 'current,
20 of a Plaintiff Fact Sheet has not yet occurred; or 2) an updated
21 complete, and accurate infqrmation. ‘
22 4. By no later than February 22, 2021 each Plaintiff must submit to Defendants updated
23 authorization forms for the release of medical records.
-
24 5. Any Plaintiff who has medical, psychiatric, insurance, pharmacy, or workers compensation
records in his/her possession or his/her attomey’s possession,
shall produce all such records on_MDL
25
Centrality (or mutually agreed alternate) within 14 days of the
date of this Order, to the extent the
26
records have not already been produced. Any new records obtained by those Plaintiffs shall be produced
27
on MDL Centrality (or mutually agreed alternate) within 14 days of receipt of the records. Plaintiffs can
28
EPRGBOSED] CMO NO. 21: UPDATED CASE MANAGEMENT PROCEDURES
Document Filed Date
February 05, 2021
Case Filing Date
August 14, 2020
Category
Product Liability Unlimited
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I(llllmllflllllllllfllllflllllllllillllmlllll 22811493 L Michael L. Baum (SBN 1‘1951 1) Peter Miller (pro hac vice) mbaum@baumhed1undlaw.com pmiller@millerdellafera.com R. Brent Wisner (SBN 276023) MILLER DELLAFERA PLC 3420 Pump Road PMB 404 ’ rbwisner@baumhedlundlaw.com 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 10940 Wilshire Blvd., 17th Floor Los Angeles, CA 90024 OOQON Telephone: (3 10) 207-3233 Facsimile: (310) 820-7444 ALAMEDA COUNTY Michael Miller (pro hac vice) FEB o §~2021 \O mmiller@millerfirmllc.com IORGOURT CLERK FT S P 10 THE MILLER FIRM, LLC Deputy ay 108 Railroad Ave. 11 Orange, VA 22960 . Telephone: (540) 672-4224 12 Facsimile: (540) 672-3055 Attorneysfor JCCP Plaintijfs 13 Sandra A. Edwards (State Bar No. 154578) Joe G. Hollingsworth (pro hac vice) 14 sedwards@winston.com jhollingsworth@hollingsworthllp.com 15 WINSTON & STRAWN LLP Eric G. Lasker (pro hac vice) 101 'Califomia Street, 35th Floor elasker@hollingsworthllpxiom 16 San Francisco, CA 941 l 1-5840 Martin C. Calhoun (pro hac vice) Telephone: (415) 591-1412 mcalhoun@hollingsworthllp.com 17 Facsimile; (415) 59141400 HOLLINGSWORTH LLP 1350 I Street, N.W. 18 Washington, DC 20005 19 20 21 22 23 24 25 \ COORDINATION PROCEEDING SPECIAL TITLE (RULE 3.550) _R0UNDUP PRODUCTS CASES | WTelephone: (202) 898—5800 Facsimile: (202) 682-1639 SUPERIOR COURT OF THE STATE 0F CALIFORNIA COUNTY OF ALAMEDA CIVSB 210‘i801 ASSIGNED FOR ALL PURPOSES TO JUDGE WINIFRED SMITH DEPARTMENT 21 [-FROPOSED] CASE MANAGEMENT . THIS DOCUMENT RELATES TO: ORDER NO. 21 26 27 ALL ACTIONS 28 [PROPOSED] CMO NO. 21: UPDATED CASE MANAGEMENT PROCEDURES THIS ORDER shall govern all cases being litigated as part of Judicial Council Coordinated Proceeding No. 4953, In re Roundup Product Cases (“JCCP 4953”), whether an original filing, Court (“CRC”) Rules 3.540 and coordination, or transfer to this Court. Pursuant to California Rules of and good cause appearing,- 3.541, having considered the written submissions of the parties, ' IT Is HEREBY 0RDRERED: 1. Plain'tiffs Firms Who Failed to Engage in Mandatory Settlement Discussions: By no later { than March l, 2021 all plaintiffs who have not yet participated in settlemenf discussions with Monsanto will participate in a’settlement process with Monsanto. Those firms who fail to engage in good-faith settlement discussions by March 1, 2021 should be prepared'to present good cause for why they have 10 not done so at the next Case Management Conference. 2. Identifying Remaining Cases: By no later than February 15, 2021 any counsel who intends t0 11 whom they filed a complaint, and yvho is not part of any 12 proceed with a claim on behalf 0f a plaintiff for must provide to Defendants and Plaintiffs’ Liaison 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: 1) 15 5) name of attomeyand/or firm who is responsible for the Plaintiff‘s claim for litigation and/or 16 resolution purposes, arid date when retained by Plaintiff. than February 22, 2021 each Plaintiff must provide to Defendants and Plaintiffs’ 17. 3. By no later in the most recent Plaintiff 18 Liaison Counsel either: i) a written Statement verifying that the information current, complete, and accurate or that the deadline for the submission 19 Fact Sheet (identified by date) is Plaintiff Fact Sheet with 'current, 20 of a Plaintiff Fact Sheet has not yet occurred; or 2) an updated 21 complete, and accurate infqrmation. ‘ 22 4. By no later than February 22, 2021 each Plaintiff must submit to Defendants updated 23 authorization forms for the release of medical records. - 24 5. Any Plaintiff who has medical, psychiatric, insurance, pharmacy, or workers compensation records in his/her possession or his/her attomey’s possession, shall produce all such records on_MDL 25 Centrality (or mutually agreed alternate) within 14 days of the date of this Order, to the extent the 26 records have not already been produced. Any new records obtained by those Plaintiffs shall be produced 27 on MDL Centrality (or mutually agreed alternate) within 14 days of receipt of the records. Plaintiffs can 28 EPRGBOSED] CMO NO. 21: UPDATED CASE MANAGEMENT PROCEDURES