May 7, 2024: AFFF Update

James E By James E
2 Min Read

CMO 26C Implementation: Bellwether Trial Schedule

In line with CMO 26C directives, the parties involved have outlined a procedural framework for the selection and management of plaintiffs for initial personal injury and wrongful death bellwether trials. These trials will encompass two groups of plaintiffs, totaling 25 individuals alleging kidney cancer, testicular cancer, thyroid disease, or ulcerative colitis as injuries.

The proposed schedule, delineated below, aims to facilitate the efficient handling of complex issues and extensive negotiations inherent in the litigation process:

Proposed Dates for Case Management Order 26D

EventGroup A DatesGroup B Dates
Extension of Tier 1 DiscoveryJune 4, 2024 to June 18, 2024N/A
Proposals for Bellwether Trial Pool CompositionBy July 2, 2024By July 2, 2024
Additional Fact Discovery (Tier 2 Discovery)July 16, 2024 to October 16, 2024July 16, 2024 to December 16, 2024
Plaintiffs’ Expert Witness ExchangesBy November 15, 2024By May 12, 2025
Defendants’ Expert Witness ExchangesBy December 20, 2024By June 16, 2025
Plaintiffs’ Rebuttal Expert Witness ExchangesBy January 10, 2025By June 30, 2025
Completion of Expert DepositionsBy February 14, 2025By July 31, 2025
Summary Judgment/Daubert Motions FiledBy March 6, 2025N/A
Responses to MotionsBy April 3, 2025N/A
Replies in Support of MotionsBy April 17, 2025N/A

This comprehensive schedule delineates key milestones for discovery, expert testimony exchanges, motion practice, and trial preparations, aiming to ensure the timely and effective progression of the litigation proceedings.

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