An Insider's Perspective: Diet Drug Litigation Update, page 2

AN INSIDER'S PERSPECTIVE(continued)

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Judge Bechtle urged the defendants to commence the production of documents without delay, observing that they had been aware of the basic issues in the case since last fall, and should have been in the process of collecting, analyzing and preparing to produce their documents. Plaintiffs proposed that discovery be conducted in two "waves." The court advised that it will order the initial wave to commence shortly. Plaintiffs plan to serve their master sets of requests for production of documents and interrogatories immediately.

In the interest of organizing the MDL litigation, and in coordinating state/federal litigation, Judge Bechtle responded positively to the request by a lawyer for several physicians' insurance carriers that a defense liaison counsel for these carriers be appointed. The PMC co-chairs also reported progress in discussions with key state court plaintiffs' counsel, and will be submitting a proposed state liaison committee for Judge Bechtle's consideration by month's end. Judge Bechtle stressed the need for federal/ state court coordination in matters of discovery, access to the document depository and communications among the courts. Judge Bechtle also urged the defendants not to file duplicative "pro forma" motions, but to consolidate their pleadings and motions to avoid a deluge of repetitive paper on the court. Counsel for both sides suggested adopting a master complaint and answer; the court encouraged the parties' efforts to develop these forms for court consideration.

Meanwhile, actions will be commenced by filing conventional complaints, and federal cases will become part of the MDL No. 1203 proceedings through the judicial panel's "tag-along" procedures under 28 U.S.C. Sec. 1407 and the Panel Rules. To date, more than 300 actions have completed the transfer process and have been given MDL No. 1203 case numbers. About 500 cases are somewhere in the MDL process.

The defendants requested, and received, one 30-day extension in which to answer MDL No. 1203 plaintiffs' complaints. Answers to complaints that have been served upon defendants will be due on or about April 16. At the PMC's request, further action on class certification has been stayed for now. The PMC will prioritize its efforts on the organization of the litigation, designation of tasks and conduct and completion of document and deposition discovery. The plaintiffs aim to complete the MDL phase and ready individual cases for remand to their transferor districts for trials within one year.

Judge Bechtle has scheduled the next status conference for April 8, 1998.

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Elizabeth J. Cabraser is a partner with Lieff Cabraser Heimann & Bernstein, LLP, in San Francisco. Telephone: (415) 956-1000. The firm represents fen-phen plaintiffs in the state and federal courts. Ms. Cabraser has been appointed by Judge Bechtle to serve on the MDL No. 1203 Plaintiffs' Management Committee.

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