Last Updated: 05/06/2008

April 17, 2008

The monthly status conference was held on this date by Judge Eldon E. Fallon

At the conference, the Court considered issues raised by Liaison Counsel in this Joint Report No. 34, including Settlement Agreement, Registration of Claims in the Settlement Program, Lien Administrator, Special Master and Deputy Special Masters, State Court Trial Settings, Class Actions, Discovery Directed to Merck, Discovery Directed to Third Parties, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, Merck’s Motions, Issues Relating to Pre-Trial Order No. 9, Vioxx Suit Statistics, the PSC MDL Trial Package, Other Motions, and Third Party Payor Cases. The next monthly status conference shall be held on May 22, 2008 in the Courtroom of Judge Eldon E. Fallon at 9:00 a.m. Counsel unable to attend in person may listen-in via telephone at 1-866-213-7163. The access code will be 44372126 and the Chairperson will be Judge Fallon.

These matters are memorialized in the Court’s Minute Entry dated April 17, 2008.

April 10, 2008

The Court entered Pre-trial Order 6C which supplements Pre-Trial Order 6 by setting forth the time and expense reporting procedure for submissions by the Negotiating Plaintiffs’ Counsel and by setting forth additional procedures for submissions of plaintiff’s counsel’s time and expense submissions relating to matters common to all claimants in state court Vioxx matters.

The Court also entered Pre-Trial Order 35 which sets out the rules and procedures relating to the authorization for release of healthcare, pharmacy and other records relating to claimants enrolling in the Vioxx resolution program.

March 25, 2008

The monthly status conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 33, including Settlement Agreement, Registration of Claims in the Settlement Program, Lien Administrator, Special Master and Deputy Special Masters, State Court Trial Settings, Class Actions, Discovery Directed to Merck, Discovery Directed to Third Parties, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, Merck’s Motions, Issues Relating to Pre-Trial Order No. 9, Vioxx Suit Statistics, the PSC MDL Trial Package, Other Motions, and Third Party Payor Cases. The next monthly status conference shall be held on April 17, 2008 in the Courtroom of Judge Eldon E. Fallon at 9:00 a.m. Counsel unable to attend in person may listen-in via telephone at 1-866-213-7163. The access code will be 41049946 and the Chairperson will be Judge Fallon.

These matters are memorialized in the Court’s Minute Entry dated March 25, 2008.

March 20, 2008

The Court has set for hearing at the next monthly status conference the following motions:

• The Plaintiffs’ Steering Committee’s Motion to Dismiss the Verified Petition of Healthcare Recoveries, Inc. Rec. Doc. No. 13627.

• Merck’s Motion to Dismiss the Verified Petition of Healthcare Recoveries, Inc. Rec. Doc. No. 13683.

Additionally, the Court has issued an Order to Show Cause (Rec. Doc. No. 13694) in the following cases:

• DeMeerleer, et al. v. Merck & Co., Inc., Case No. 07-7513;

• Jackson, et al. v. Merck & Co., Inc., Case No. 07-9138; and

February 21, 2008

The monthly status conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 32, including Settlement Agreement, Registration of Claims in the Settlement Program, Lien Administrator, Special Master and Deputy Special Masters, State Court Trial Settings, Class Actions, Discovery Directed to Merck, Discovery Directed to Third Parties, Deposition Scheduling, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, Merck’s Motions, Issues Relating to Pre-Trial Order No. 9, Vioxx Suit Statistics, Motion to Conduct Case Specific Discovery, the PSC MDL Trial Package, Other Motions, and Third Party Payor Cases. The next monthly status conference shall be held on March 25, 2008 in the Courtroom of Judge Eldon E. Fallon at 9:00 a.m. Counsel unable to attend in person may listen-in via telephone at 1-866-213-7163. The access code will be 36433304 and the Chairperson will be Judge Fallon.

These matters are memorialized in the Court’s Minute Entry dated February 21, 2008.

February 19, 2008

The Court has appointed Mr. Robert M. Johnston of Johnston, Hoefer, Holwadel & Eldrige to serve as Curator to assist pro se claimants and pro se tolling claimants by explaining their options regarding the prosecution of their Vioxx lawsuits. The Order appointing Mr. Johnston explain the scope of his duties, and any pro se claimant or pro se tolling claimant that has questions regarding the prosecution of their claim should contact Mr. Johnston.

February 12, 2008

The Court entered Pretrial Order 6B which amends and supplements Pretrial Order 6 and 6A by confirming the functions, duties and responsibilities of the Plaintiffs’ Steering Committee, Plaintiffs’ Liaison Counsel and the PSC Executive Committee.

January 18, 2008

The Court entered Pretrial Order 28(A) which amends and supplements Pretrial Order 28 by clarifying that service of notices for preservation of records may be by either certified or registered mailings.

Also, the monthly status conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 31, including Settlement Agreement, Registration of Claims in the Settlement Program, Lien Administrator, Special Master and Deputy Special Masters, State Court Trial Settings, Class Actions, Discovery Directed to Merck, Discovery Directed to Third Parties, Deposition Scheduling, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, Merck’s Motions, Issues Relating to Pre-Trial Order No. 9, Vioxx Suit Statistics, Motion to Conduct Case Specific Discovery, Dr. Farquar, the PSC MDL Trial Package, Other Motions, and Third Party Payor Cases. The next monthly status conference shall be held on February 21, 2008 in the Courtroom of Judge Eldon E. Fallon at 9:00 a.m. Counsel unable to attend in person may listen-in via telephone at 1-866-213-7163. The access code will be 32008125 and the Chairperson will be Judge Fallon.

These matters are memorialized in the Court’s Minute Entry dated January 18, 2008.

December 14, 2007

The Court entered Pretrial Order 31B which amends and supplements Pretrial Orders 31 and 31A by clarifying that the Registration Affidavits and the Registration of Claims Spreadsheet need only be filed with the Claims Administrator. Pretrial Order 31B also amends the registration affidavit.

Also, the monthly status conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 30, including Settlement Agreement, State Court Trial Settings, Class Actions, Discovery Directed to Merck, Discovery Directed to Third Parties, Deposition Scheduling, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, Merck’s Motions, Issues Relating to Pre-Trial Order No. 9, Vioxx Suit Statistics, Motion to Conduct Case Specific Discovery, Dr. Farquar, and the PSC MDL Trial Package. The next monthly status conference shall be held on January 18, 2008 in the Courtroom of Judge Eldon E. Fallon at 9:00 a.m. Counsel unable to attend in person may listen-in via telephone at 1-866-213-7163. The access code will be 28526718 and the Chairperson will be Judge Fallon.

These matters are memorialized in the Court’s Minute Entry dated December 14, 2007.

December 10, 2007

The Court entered Pretrial Order No. 33 and Pretrial Order No. 34, which direct Plaintiffs’ Liaison Counsel to contact pro se plaintiffs and pro se tolling claimants regarding the settlement program.

December 4, 2007

The Court entered Pretrial Order No. 31(A), which amends and supplements Pretrial Order No. 31 by clarifying that the Registration Affidavits and the Registration of Claims Spreadsheet need not be filed with the Court.

November 20, 2007

The Court entered Pretrial Order No. 32, which appoints a committee of plaintiffs’ attorneys to be responsible for recommending to the Court the allocation to be made by the Court of awards of attorneys’ fees from the Settlement Fee and Cost Account.

November 9, 2007

The parties announced today that Merck & Co., Inc. has agreed to pay $4.85 billion to resolve Vioxx-related claims in which a claimant has suffered a heart attack, sudden cardiac death, or stroke. For further information on the settlement program, see the following website, which is sponsored by the MDL Plaintiffs’ Steering Committee: http://www.officialvioxxsettlement.com/

The Court also entered four pretrial orders on this date:

Pretrial Order No. 28 (Revised Exhibit A & Exhibit B) requires certain plaintiffs with claims pending or tolled as of this date to produce certain information within specified time periods. The exhibits can be edited and completed electronically.

Pretrial Order No. 29 (Revised Exhibit A & Exhibit B) requires plaintiffs whose claims are filed in, or transferred into, this MDL on or after this date to produce certain information within specified time periods. The exhibits can be edited and completed electronically.

Pretrial Order No. 30 temporarily stays activity in this MDL with some exceptions.

Pretrial Order No. 31 (Revised Exhibit A & Revised Exhibit B) concerns the registration of claims. The exhibits can be edited and completed electronically.  The Registration of Claims Spreadsheet must be submitted with the registration affidavit and has been provided by the Claims Administrator in Microsoft Excel format.

November 8, 2007

The Court GRANTED IN PART and DENIED IN PART three Motions for Summary Judgment filed by Merck on statutes of limitations grounds. Order & Reasons dated November 8, 2007 (#1); Order & Reasons dated November 8, 2007 (#2); Order & Reasons dated November 8, 2007 (#3).

October 11, 2007

The monthly status conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 28, including State Court Trial Settings, Further Proceedings in the Early Federal Court Cases, Class Actions, Discovery Directed to Merck, Discovery Directed to Third Parties, Deposition Scheduling, Plaintiff Profile Form and Merck Profile Form, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, IMS Data, Merck’s Motion for Summary Judgment, Tolling Agreements, Issues Relating to Pre-Trial Order No. 9, Vioxx Suit Statistics, Merck Insurance, Motion to Conduct Case Specific Discovery, Oxford/VICTOR Data, and the PSC MDL Trial Package. The next monthly status conference shall be held on November 9, 2007 in the Courtroom of Judge Eldon E. Fallon at 9:00 a.m. Counsel unable to attend in person may listen-in via telephone at 1-866-213-7163. The access code will be 20713894 and the Chairperson will be Judge Fallon.

These matters are memorialized in the Court’s Minute Entry dated October 11, 2007.

September 27, 2007

The Court entered Pretrial Order No. 27, which discusses the Court’s in camera inspection of the PSC trial package.

September 6, 2007

The monthly status conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 27, including State Court Trial Settings, Further Proceedings in the Early Federal Court Cases, Class Actions, Discovery Directed to Merck, Discovery Directed to Third Parties, Deposition Scheduling, Plaintiff Profile Form and Merck Profile Form, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, IMS Data, Merck’s Motion for Summary Judgment, Tolling Agreements, Issues Relating to Pre-Trial Order No. 9, Vioxx Suit Statistics, Merck Insurance, Motion to Conduct Case Specific Discovery, Oxford/VICTOR Data, Flippin Motion to Remand, and the PSC MDL Trial Package. The next monthly status conference shall be held on October 11, 2007 in the Courtroom of Judge Eldon E. Fallon at 9:00 a.m. Counsel unable to attend in person may listen-in via telephone at 1-866-213-7163. The access code will be 16088848 and the Chairperson will be Judge Fallon.

These matters are memorialized in the Court’s Minute Entry dated September 6, 2007.

September 5, 2007

The Court entered Pretrial Order No. 26, which prohibits multiple unrelated claimants from joining in one complaint.

September 4, 2007

The Court revised its Order & Reasons dated August 14, 2007 concerning privilege issues to correct several typographical errors. Revised Order & Reasons dated August 14, 2007.

August 14, 2007

The Court ADOPTED IN PART and MODIFIED IN PART the Special Master’s Report and Recommendations on a representative sampling of Merck’s privilege claims. Order & Reasons dated August 14, 2007. The Court’s resolution of Merck’s objections to individual recommendations are contained in Chart I, Chart II, and Chart III.

August 2, 2007

The Court entered an Order today filing Special Master Rice’s Third Report and Amended Recommendations on privilege issues into the record. The Special Master’s amended recommended rulings on individual documents are set forth in Amended Appendix I - Part A - Merck’s 2000 documents and Amended Appendix I - Part B - PSC’s 600 documents.

July 31, 2007

The Court entered an Order today filing into the record Special Master Rice’s Second Report and Recommendations regarding the assertion of privilege for Merck documents circulated to third parties.

July 27, 2007

The monthly status conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 26, including State Court Trial Settings, Further Proceedings in the Early Federal Court Cases, Class Actions, Discovery Directed to Merck, Discovery Directed to Third Parties, Deposition Scheduling, Plaintiff Profile Form and Merck Profile Form, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, IMS Data, Merck’s Motion for Summary Judgment, Tolling Agreements, Issues Relating to Pre-Trial Order No. 9, Vioxx Suit Statistics, Merck Insurance, Motion to Conduct Case Specific Discovery, and Oxford/VICTOR Data. The next monthly status conference shall be held on September 6, 2007 in the Courtroom of Judge Eldon E. Fallon at 9:00 a.m. Counsel unable to attend in person may listen-in via telephone at 1-866-213-7163. The access code will be 11540037 and the Chairperson will be Judge Fallon.

These matters are memorialized in the Court’s Minute Entry dated July 27, 2007.

July 5, 2007

The Court entered Pretrial Order No. 25, which sets forth the terms of Pro Se Claimants’ access to the PSC document depository.

July 3, 2007

The Court entered an Order today filing Special Master Rice’s Report and Recommendations on privilege issues into the record. The Special Master’s recommended rulings on individual documents are set forth in Appendix I - Part A - Merck’s 2000 documents and Appendix I - Part B - PSC’s 600 documents.

July 3, 2007

The Court DENIED Merck’s Motion for Summary Judgment on Federal Preemption grounds. Order & Reasons dated July 3, 2007.

June 28, 2007

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 25, including State Court Trial Settings, Further Proceedings in the Early Federal Court Cases, Class Actions, Discovery Directed to Merck, Discovery Directed to Third Parties, Plaintiff Profile Form and Merck Profile Form, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, IMS Data, Merck’s Motion for Summary Judgment, Tolling Agreements, Issues Relating to Pre-Trial Order No. 9, Vioxx Suit Statistics, Merck Insurance, the PSC’s Motion to Conduct Case Specific Discovery, and Deposition Scheduling. The next monthly pretrial conference shall be held on July 27, 2007 in the Courtroom of Judge Eldon E. Fallon at 9:30 a.m. Counsel unable to attend in person may listen-in via telephone at 1-866-213-7163. The access code will be 5923245 and the Chairperson will be Judge Fallon.

These matters are memorialized in the Court’s Minute Entry dated June 28, 2007.

June 14, 2007

The Court entered Pretrial Order No. 24, which sets a final 90-day extension for all Plaintiffs who are either from Louisiana or represented by Louisiana Counsel (Exhibit A) and Pro Se Plaintiffs (Exhibit B) who have failed to serve the Plaintiff Profile Forms ("PPFs"), Authorizations, and responsive PPF-related documents as required by Pretrial Order No. 18C. A form "consent order with stipulation" is also provided for any Plaintiff who does not claim that he or she suffered a cardiovascular event as defined by PTO 18C (Exhibit C).

June 5, 2007

The Court DENIED Merck’s Renewed Motion for Judgment as a Matter of Law and alternative Motion for a New Trial on All Issues in the Gerald Barnett v. Merck & Co., Inc. bellwether case. The Court also MODIFIED its previous Order & Reasons in this case to provide that there shall only be a new trial if the Plaintiff refuses to accept a remitted award of $1.6 million. Order & Reasons dated June 5, 2007.

May 31, 2007

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 24, including State Court Trial Settings, State/Federal Coordination-State Liaison Committee, Further Proceedings in the Early Federal Court Cases, Class Actions, Discovery Directed to Merck, Discovery Directed to Third Parties, Deposition Scheduling, Plaintiff Profile Form and Merck Profile Form, Pro Se Claimants, IMS Data, Merck’s Motion for Summary Judgment, Tolling Agreements, Issues Relating to Pre-Trial Order No. 9, Vioxx Suit Statistics, Merck Insurance, the PSC’s Motion to Compel Return of Attorney Work Product, and the PSC’s Motion to Conduct Case Specific Discovery. The next monthly pretrial conference shall be held on June 28, 2007 in the Courtroom of Judge Eldon E. Fallon at 9:00 a.m. Counsel unable to attend in person may listen-in by telephone at 1-866-213-7163. The access code will be 3037893 and the Chairperson will be Judge Fallon.

These matters are memorialized in the Court’s Minute Entry dated May 31, 2007.

May 29, 2007

The Court GRANTED the Plaintiff Evelyn Irvin Plunkett’s Motion for a New Trial. Order & Reasons dated May 29, 2007.

May 29, 2007

The Court DENIED the Plaintiffs’ Steering Committee’s Motion to Compel the Return of Attorney Work Product. Order & Reasons dated May 29, 2007.

May 3, 2007

The Court entered Pretrial Order No. 6A, which further outlines the functions and duties of the PSC’s accounting firm.

May 1, 2007

The Court appointed Brent B. Barriere as Special Counsel to provide local facilities and assistance to Special Master Rice. Order Appointing Special Counsel.

April 25, 2007

The Court appointed Professor Paul R. Rice of American University to review and resolve Merck’s privilege claims. Order Appointing Special Master.

April 12, 2007

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 23, including State Court Trial Settings, Further Proceedings in the Early Federal Court Cases, Class Actions, Discovery Directed to Merck, Discovery Directed to Third Parties, Deposition Scheduling, Plaintiff Profile Form and Merck Profile Form, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, IMS Data, Merck’s Motion for Summary Judgment, Tolling Agreements, Issues Relating to Pre-Trial Order No. 9, Vioxx Suit Statistics, Merck Insurance, Further Proceedings, Merck’s Statute of Limitations Motion, Discovery Relating to the Martin Report, Remand Motions, the PSC’s Motion to Compel Return of Attorney Work Product, and Michael Hingle & Associates, L.L.C.’s Motions to Withdraw as Counsel of Record. The next monthly pretrial conference shall be held on May 31, 2007 in the Courtroom of Judge Eldon E. Fallon at 9:30 a.m. Counsel unable to attend in person may listen-in by telephone at 1-866-213-7163. The access code will be 5842068 and the Chairperson will be Judge Fallon.

These matters are memorialized in the Court’s Minute Entry dated April 12, 2007 .

March 22, 2007

The Court DENIED Merck’s Motion for Summary Judgment on statute of limitations grounds in three individual cases. Order & Reasons dated March 22, 2007.

March 20, 2007

The Court entered Pretrial Order No. 23, which governs the dating of authorizations for the release of medical and other records.

March 7, 2007

The parties have agreed to establish a deadline for the submission of claims under the Tolling Agreement. No further requests for tolling shall be accepted under the Tolling Agreement beyond April 9, 2007. Notice of Amendment to Tolling Agreement dated March 7, 2007.

March 5, 2007

The Court GRANTED Merck’s Motion for a Protective Order Prohibiting Discovery of Attorney Work Product and Privileged Communications Related to the Martin Report, and DENIED the Plaintiffs’ Motions to Compel. Order & Reasons dated March 5, 2007.

March 1, 2007

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 22, including State Court Trial Settings, Further Proceedings in the Early Federal Court Cases, Class Actions, Discovery Directed to Merck, Discovery Directed to Third Parties, Deposition Scheduling, Plaintiff Profile Form and Merck Profile Form, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, IMS Data, Merck’s Motion for Summary Judgment, Tolling Agreements, Issues Relating to Pre-Trial Order No. 9, Vioxx Suit Statistics, Merck Insurance, Further Proceedings, Merck’s Statute of Limitations Motion, Discovery Directed to the Martin Report, and the Virginia Nadine Perry case. The next monthly pretrial conference shall be held on April 12, 2007 in the Courtroom of Judge Eldon E. Fallon at 9:00 a.m. Counsel unable to attend in person may participate by telephone at 1-866-213-7163. The access code will be 1754859 and the Chairperson will be Judge Fallon. If counsel participating by telephone intend to raise any issues, he/she should contact the Court at least two days prior to the conference..

These matters are memorialized in the Court’s Minute Entry dated March 1, 2007.

January 25, 2007

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 21, including State Court Trial Settings, Selection of Cases for Early Federal Court Trial, Class Actions, Discovery Directed to Merck, Discovery Directed to Third Parties, Deposition Scheduling, Plaintiff Profile Form and Merck Profile Form, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, IMS Data, Merck’s Motion for Summary Judgment, Tolling Agreements, Issues Relating to Pre-Trial Order No. 9, Vioxx Suit Statistics, Merck Insurance, Further Proceedings, Merck’s Statute of Limitations Motion, Harrison v. Merck, and Discovery Directed to the Martin Report. The next monthly pretrial conference shall be held on March 1, 2007 in the Courtroom of Judge Eldon E. Fallon at 9:00 a.m. Counsel unable to attend in person may participate by telephone at 1-866-213-7163. The access code will be 7575599 and the Chairperson will be Judge Fallon. If counsel participating by telephone intend to raise any issues, he/she should contact the Court at least two days prior to the conference..

These matters are memorialized in the Court’s Minute Entry dated January 25, 2007.

December 14, 2006

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 20, including Lexis/Nexis File & Serve, State Court Trial Settings, Selection of Cases for Early Federal Court Trial, Class Actions, Discovery Directed to Merck, Discovery Directed to the FDA, Discovery Directed to Third Parties, Deposition Scheduling, Plaintiff Profile Form and Merck Profile Form, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, IMS Data, Merck’s Motion for Summary Judgment, Tolling Agreements, Issues Relating to Pre-Trial Order No. 9, Vioxx Suit Statistics, Merck Insurance, Further Proceedings, Mandatory Electronic Filing, Merck’s Statute of Limitations Motion, Merck’s Second Request for Writ of Mandamus, and Harrison v. Merck. The next monthly pretrial conference shall be held on January 25, 2007 in the Courtroom of Judge Eldon E. Fallon at 9:00 a.m. Counsel unable to attend in person may participate by telephone at 1-866-213-7163. The access code will be 4735066 and the Chairperson will be Judge Fallon. If counsel participating by telephone intend to raise any issues, he/she should contact the Court at least two days prior to the conference..

These matters are memorialized in the Court’s Minute Entry dated December 14, 2006 and Harrison Exhibit.

November 22, 2006

The Court DENIED the Plaintiffs’ Steering Committee’s Motion for Certification of a Nationwide Class Action for Personal Injury and Wrongful Death. Order & Reasons dated November 22, 2006.

November 2, 2006

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon. Due to a scheduling conflict, the conference was held in a courtroom without telephone access, and therefore counsel were unable to participate by telephone.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 19, including Lexis/Nexis File & Serve, State Court Trial Settings, Selection of Cases for Early Federal Court Trial, Class Actions, Discovery Directed to Merck, Discovery Directed to the FDA, Discovery Directed to Third Parties, Deposition Scheduling, Plaintiff Profile Form and Merck Profile Form, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, Generic Trial Performance and Rule 702 and Motions in Limine Issues, IMS Data, Merck’s Motion for Summary Judgment, Tolling Agreements, Motion for Clarification of Pre-Trial Order No. 9, Vioxx Suit Statistics, Merck Insurance, Further Proceedings, Mandatory Electronic Filing, Merck’s Statute of Limitations Motion, Merck’s Second Request for Writ of Mandamus, and Harrison v. Merck. The next monthly pretrial conference shall be held on December 14, 2006 in the Courtroom of Judge Eldon E. Fallon at 9:00 a.m. Counsel unable to attend in person may participate by telephone at 1-866-213-7163. The access code will be 1480379 and the Chairperson will be Judge Fallon. If counsel participating by telephone intend to raise any issues, he/she should contact the Court at least two days prior to the conference..

These matters are memorialized in the Court’s Minute Entry dated November 2, 2006.

November 2, 2006

Because the monthly conference is being held in a different courtroom and due to schedule conflicts, there will not be a conference call this morning. The minute entry will be posted later today.

September 28, 2006

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 18, including Lexis/Nexis File & Serve, State Court Trial Settings, Selection of Cases for Early Federal Court Trial, Class Actions, Discovery Directed to Merck, Discovery Directed to the FDA, Discovery Directed to Third Parties, Deposition Scheduling, Plaintiff Profile Form and Merck Profile Form, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, Motion to Dismiss Foreign Class Action Complaints on Forum non Conveniens Grounds, Generic Trial Performance and Rule 702 and Motions in Limine Issues, IMS Data, Merck’s Motion for Summary Judgment, Tolling Agreements, Motion for Clarification of Pre-Trial Order No. 9, Vioxx Suit Statistics, Merck Insurance, Further Proceedings, Mandatory Electronic Filing, and Merck’s Statute of Limitations Motion. The next monthly pretrial conference shall be held on November 2, 2006 in the Courtroom of Judge Eldon E. Fallon at 9:00 a.m. Counsel unable to attend in person may participate by telephone at 1-866-213-7163. The access code will be 7845241 and the Chairperson will be Judge Fallon. If counsel participating by telephone intend to raise any issues, he/she should contact the Court at least two days prior to the conference..

These matters are memorialized in the Court’s Minute Entry dated September 28, 2006.

August 30, 2006

The Court ordered that there shall be a new trial on the issue of damages in Barnett v. Merck & Co., Inc., 06-485. Order & Reasons dated August 30, 2006.

August 30, 2006

The Court GRANTED Merck & Co., Inc’s Motion to Dismiss the Foreign Class Actions, as it relates to the Italian and French class action complaints, under the doctrine of forum non conveniens. Order & Reasons dated August 30, 2006.

August 24, 2006

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 17, including Lexis/Nexis File & Serve, State Court Trial Settings, Selection of Cases for Early Federal Court Trial, Class Actions, Discovery Directed to Merck, Discovery Directed to the FDA, Discovery Directed to Third Parties, Deposition Scheduling, Plaintiff Profile Form and Merck Profile Forms, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, Motion to Dismiss Foreign Class Action Complaints on Forum non Conveniens Grounds, Generic Trial Performance and Rule 702 and Motions In Limine Issues, IMS Data, Discovery in Non-Trial Cases, Merck’s Motion for Summary Judgment, Tolling Agreements, and a potential Motion for Clarification of Pre-Trial Order No. 9. The next monthly pretrial conference shall be held on September 28, 2006 in the Courtroom of Judge Eldon E. Fallon at 9:30 a.m. Counsel unable to attend in person may participate by telephone at 1-866-213-7163. The access code will be 5217718 and the Chairperson will be Judge Fallon. If counsel participating by telephone intend to raise any issues, he/she should contact the Court at least two days prior to the conference..

These matters are memorialized in the Court’s Minute Entry dated August 24, 2006.

July 13, 2006

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 16, including Lexis/Nexis File & Serve, State Court Trial Settings, Selection of Cases for Early Federal Court Trial, Class Actions, Discovery Directed to Merck, Discovery Directed to FDA, Discovery Directed to Third Parties, Deposition Scheduling, Plaintiff Profile Form and Merck Profile Forms, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, Motion to Dismiss Foreign Class Action Complaints on Forum non Conveniens Grounds, Generic Trial Performance and Rule 702 and Daubert and In Limine Issues, IMS Data, Discovery in Non-Trial Cases, USDC-ECF System, Certificate of Service for E-Filings, and Merck’s Motion for Summary Judgment. The next monthly pretrial conference shall be held on August 24, 2006 in the Courtroom of Judge Eldon E. Fallon at 10:00 a.m. Counsel unable to attend in person may participate by telephone at 1-800-473-8695. The access code will be 51288781 and the Chairperson will be Judge Fallon. If counsel participating by telephone intend to raise any issues, he/she should contact the Court at least two days prior to the conference.

These matters are memorialized in the Court’s Minute Entry dated July 13, 2006.

June 29, 2006

The Court entered Pretrial Order No. 8B, which governs electronic service.

June 23, 2006

The Court entered Pretrial Order No. 18C, which amends and supersedes Pretrial Orders No. 18, 18A, and 18B and governs the forms and schedule for service of a Plaintiff Profile Form, and executed Authorizations for the release of records to be completed by plaintiffs, and Merck Profile Form to be completed by Merck in all individual cases in which plaintiffs claim to have sustained a myocardial infarction, an ischemic stroke, or a death.

June 16, 2006

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 15, including Lexis/Nexis File & Serve, State Court Trial Settings, Selection of Cases for Early Federal Court Trial, Class Actions, Discovery Directed to Merck, Discovery Directed to FDA, Discovery Directed to Third Parties, Deposition Scheduling, Plaintiff and Merck Profile Forms, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, Motion to Dismiss Foreign Class Action Complaints on Forum non Conveniens Grounds, VICTOR Data, Generic Trial Performance and Rule 702 and Daubert and In Limine Issues, IMS Data, Discovery in Non-Trial Cases, Carlene Rhodes Lewis, USDC-ECF System, and Certificate of Service for E-Filings. The next monthly pretrial conference shall be held on July 13, 2006 in the Courtroom of Judge Eldon E. Fallon at 8:30 a.m. Counsel unable to attend in person may participate by telephone at 1-800-497-7708. The access code will be 50711890 and the Chairperson will be Judge Fallon. If counsel participating by telephone intend to raise any issues, he/she should contact the Court at least two days prior to the conference.

These matters are memorialized in the Court’s Minute Entry dated June 16, 2006.

May 18, 2006

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 14, including Lexis/Nexis File & Serve, State Court Trial Settings, Selection of Cases for Early Federal Court Trial, Class Actions, Discovery Directed to Merck, Discovery Directed to FDA, Discovery Directed to Third Parties, Deposition Scheduling, Plaintiff and Merck Profile Forms, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, Motion to Dismiss Foreign Class Action Complaints on Forum non Conveniens Grounds, VICTOR Data, Generic Trial Performance and Rule 702 and Daubert and In Limine Issues, APPROVe Data, IMS Data, and Discovery in Non-Trial Cases. The next monthly pretrial conference shall be held on June 16, 2006 in the Courtroom of Judge Eldon E. Fallon at 10:00 a.m. Counsel unable to attend in person may participate by telephone at 1-800-473-8796. The access code will be 50071739 and the Chairperson will be Judge Fallon. If counsel participating by telephone intend to raise any issues, he/she should contact the Court at least two days prior to the conference.

These matters are memorialized in the Court’s Minute Entry dated May 18, 2006.

April 28, 2006

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 13, including Lexis/Nexis File & Serve, State Court Trial Settings, Selection of Cases for Early Federal Court Trial, Class Actions, Discovery Directed to Merck, Discovery Directed to FDA, Discovery Directed to Third Parties, Monthly Productions Pursuant to Pre-trial order No. 17, Deposition Scheduling, Plaintiff and Merck Profile Forms, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, Motion to Dismiss Foreign Class Action Complaints on Forum non Conveniens Grounds, VICTOR Data, Generic Trial Performance and Rule 702 and Daubert and In Limine Issues, APPROVe Data, IMS Data, PSC’s Motion to Implement Procedure for Rapid Remand, Physician Call Notes/Detailer Custodial Files, and Discovery Directed to Plaintiffs. The next monthly pretrial conference shall be held on May 18, 2006 in the Courtroom of Judge Eldon E. Fallon at 10:00 a.m. Counsel unable to attend in person may participate by telephone at 1-800-473-8796. The access code will be 49637777 and the Chairperson will be Judge Fallon. If counsel participating by telephone intend to raise any issues, he/she should contact the Court at least two days prior to the conference.

These matters are memorialized in the Court’s Minute Entry dated April 28, 2006.

In addition, the Court entered Pretrial Order No. 8A, which concerns electronic service and amend Pretrial Order No. 8.

April 19, 2006

The Court GRANTED IN PART AND DENIED IN PART Merck & Co., Inc.’s Motion and Incorporated Memorandum for Reconsideration of Court’s Decision to Overrule Merck’s Asserted Attorney-Client Privilege As to Documents Listed on Merck’s Privilege Log. Order Dated April 19, 2006; Transcript Dated April 19, 2006.

March 23, 2006

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 12, including Lexis/Nexis File & Serve, State Court Trial Settings, Selection of Cases for Early Federal Court Trial, Class Actions, Discovery Directed to Merck, Discovery Directed to FDA, Discovery Directed to Third Parties, Monthly Productions Pursuant to Pre-trial order No. 17, Deposition Scheduling, Plaintiff and Merck Profile Forms, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, Motion to Dismiss Foreign Class Action Complaints on Forum non Conveniens Grounds, VICTOR Data, Motion to Dismiss Pursuant to rule 54(B) or Alternative Motion to Remand, Generic Trial Performance and Rule 702 and Daubert and In Limine Issues. The next monthly pretrial conference shall be held on Thursday, April 27, 2006 at 10:00 a.m. in the Courtroom of Judge Eldon E. Fallon. Counsel unable to attend in person may participate by telephone at 1-800-597-0731. The access code will be 48805339 and the Chairperson will be Judge Fallon.

These matters are memorialized in the Court’s Minute Entry dated March 23, 2006.

February 8, 2006

The Court ruled on the Plaintiff’s Motion for Clarification or Reconsideration of its Daubert Ruling as to Dr. Baldwin and Dr. Graham. Plunkett v. Merck & Co., Inc., 05-4046, Trial Transcript (Feb. 8, 2006). On February 2, 2006, the Court initially ruled on the admissibility of Dr. Graham’s expert testimony. Plunkett v. Merck, 05-4046, Order & Reasons (Feb. 2, 2006). In addition, the Court initially ruled on the admissibility of Dr. Baldwin’s expert testimony on November 18, 2005, and again on December 3, 2005. Plunkett v. Merck, 05-4046, Order & Reasons (Nov. 18, 2005); Plunkett v. Merck, 05-4046, Order & Reasons (Dec. 3, 3005).

February 2, 2006

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 11, including Lexis/Nexis File & Serve, State Court Trial Settings, Selection of Cases for Early Federal Court Trial, Class Actions, Discovery Directed to Merck, Discovery Directed to FDA, Discovery Directed to Third Parties, Deposition Scheduling, Plaintiff and Merck Profile Forms, State/Federal Coordination-State Liaison Committee, Pro Se Claimants, Motion for Clarification of Pretrial Order No. 19, Motion to Dismiss Foreign Class Action Complaints on Forum Non Conveniens Grounds, and Louisiana Attorney General and Blue Cross Matters. The next monthly pretrial conference shall be held on Thursday, March 23, 2006 at 10:00 a.m. c.s.t. in the Courtroom of Judge Eldon E. Fallon. Counsel unable to attend in person may participate by telephone at 1-800-682-5640. The access code will be 47682208 and the Chairperson will be Judge Fallon.

These matters are memorialized in the Court’s Minute Entry dated February 2, 2006.

January 23, 2006

All counsel who wish to participate in the February 2, 2006 Monthly Pretrial Conference by telephone may do so by calling (620) 782-2200, access code 61236.

These matters are memorialized in the Court’s Order dated January 20, 2006.

January 3, 2006

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 10, including Lexis/Nexis File & Serve, state court trial settings, selection of cases for early federal court trial, class actions, discovery directed to Merck, discovery directed to the FDA, discovery directed to third parties, deposition scheduling, Plaintiff Profile Form and Merck Profile Form, state/federal coordination-state liaison committee, pro se claimants, and a motion for clarification of pretrial order No. 19. The next monthly pretrial conference shall be held on Thursday, February 2, 2006 at 10:00 a.m. in the Courtroom of Judge Eldon E. Fallon.

These matters are memorialized in the Court’s Minute Entry dated January 3, 2006.

December 1, 2005

The Monthly Pretrial Conference was held on this date in Houston, Texas. At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 9, including Lexis/Nexis electronic service, state court trial settings, selection of cases for early federal court trial, class actions, discovery directed to Merck, discovery directed to the FDA, discovery directed to third parties, deposition scheduling, plaintiff profile forms and Merck profile forms, state/federal coordination, pro se claimants, the motion for clarification of Pretrial Order No. 19, and the scheduling of the next monthly pretrial conference.

These matters are memorialized in the Court's Minute Entry dated December 1, 2005.

November 23, 2005

The Court ordered a second amendment to Pretrial Order No. 16, regarding the class certification briefing schedule of the Personal Injury and Wrongful Death Class.

November 20, 2005

The Court ruled on the Defendant's Motions in Limine in the Irvin Plunkett case.

November 18, 2005

The Court entered its rulings on the Plaintiff's and Defendant's Daubert motions in the Irvin Plunkett case, 05-4046. In addition, the Court ruled on the Plaintiff's Motions in Limine in the Irvin Plunkett case.

October 27, 2005

The Monthly Pretrial Conference was held on this date in Houston, Texas. At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 8, including Lexis/Nexis electronic service, orders issued pertaining to Hurricane Katrina, state court trial settings, selection of cases for early federal court trial, class actions, discovery directed to Merck, production of the FACTS database, Vioxx professional representatives, discovery directed to the FDA, discovery directed to third parties, deposition scheduling, plaintiff profile forms and Merck profile forms, remand issues, tolling agreements, state/federal coordination, pro se claimants, and the scheduling of the next monthly pretrial conference.

These matters are memorialized in the Court's Minute Entry dated October 27, 2005.

October 25, 2005

A conference call number has been set for the monthly pretrial conference on October 27, 2005, at 11:00 a.m.  Please see the Notice of Call in Number for Details.

October 20, 2005

A telephone status conference was held on this date in the Houston Chambers of Judge Eldon E. Fallon. Due to logistical concerns over the World Series being held in Houston, the monthly pretrial conference scheduled for October 27, 2005, at 9:30 a.m. in Houston is moved back until 11:00 a.m.

These matters are memorialized in the Court's Minute Entry dated October 20, 2005.

October 17, 2005

A telephone status conference was held on this date in the Houston Chambers of Judge Eldon E. Fallon. At the conference, the parties informed the Court that they could not reach an agreement between themselves as to whether the DSC could depose Dr. Richard A. Kronmal. Dr. Kronmal had been deposed and testified in the New Jersey state proceeding, but had not been deposed as of yet in the Irvin / Plunkett case. After considering each parties' arguments, the Court determined that the DSC's deposition of Dr. Kronmal in the Irvin / Plunkett case would be in accordance with the goals of Rule 26(b)(4) of the Federal Rules of Civil Procedure. Accordingly, the DSC shall be permitted to depose Dr. Kronmal, but the scope of this deposition shall be limited to matters not previously covered or to matters that have arisen since his previous deposition.

These matters are memorialized in the Court's Minute Entry dated October 17, 2005.

October 12, 2005

A hearing on the Plaintiffs' Steering Committee's Motions to Compel regarding Foreign Vioxx Related Activities and Arcoxia was scheduled on this date. Prior to beginning the hearing, the parties indicated that they were close to reaching a mutually amicable resolution to the motions. As such, the parties asked the Court to delay the hearing until a later date. In addition, the parties informed the Court that they would continue working on the possible resolution and report back to the Court on the status of these motions on Tuesday, October 18, 2005, at 11:00 a.m. The Court agreed with the parties' request.

These matters are memorialized in the Court's Minute Entry dated October 12, 2005.

September 30, 2005

A status conference was held on this date in the Chambers of Judge Eldon E. Fallon in Houston, Texas. Trial counsel in the November 28, 2005, Plunkett trial participated. At the conference, the Court discussed the the law applicable to this case, the use of jury questionnaires, voir dire, the number of jurors, the length of the trial, and the use of exhibits. In addition, the Court issued its Pretrial Order governing the Plunkett case.

These matters are memorialized in the Court's Minute Entry dated September 30, 2005.

September 29, 2005

The Monthly Pretrial Conference was held on this date in Houston, Texas. At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 7, including Lexis/Nexis electronic service, orders issued pertaining to Hurricane Katrina, state court trial settings, selection of cases for early federal court trial, class actions, discovery directed to Merck, production of the FACTS database, Merck's detailer list, discovery directed to the FDA, discovery directed to third parties, deposition scheduling, plaintiff profile forms and Merck profile forms, remand issues, tolling agreements, Louisiana joint complaints, state/federal coordination, pro se claimants, and the scheduling of the next monthly pretrial conference.

These matters are memorialized in the Court's Minute Entry dated September 29, 2005.

September 28, 2005

A telephone status conference was held on this date in the Chambers of Judge Eldon E. Fallon in Houston, Texas.  The following matters were discussed: the filing of joint complaints in the MDL and a procedure to handle non-cardiovascular cases that are filed with cardiovascular cases; the effect of Governor Blanco and Chief Judge Berrigan's Orders on the suspension of prescription; contacting Louisiana lawyers without access to e-mail or servers; the scheduling of any Motions to Compel that may be filed by the Plaintiffs concerning the Defendants' September 15th Answers to Plaintiffs' Interrogatories and Production Requests; the scheduling of any motions that Plaintiffs may file with respect to expedited discovery requests; access to Merck's Detailer List; the status of the production of PIRs from Merck's Database for selected states; and the selection of the second and third cases to be tried.

For those attorneys interested in participating by telephone in the September 29, 2005, Monthly Status Conference,  the Call-In Number will be 1-620-782-2200 and the Access Code will be 48250.

 

September 21, 2005

A hearing was held on this date on Defendant Physicians, Motion to Quash/Motion for Protective Order Regarding Merck & Co., Inc.'s Cross-Notices of Plaintiff's Depositions of Eliav Barr, M.D., Susan Baumgartner, Gilbert Block, M.D., James Dunn, Gregory Geba, M.D., and Marty Carroll in the Chambers of Judge Eldon E. Fallon.

At the hearing, the movants expressed their concern over the amount of notice and participation afforded the Defendant Physicians in the scheduling and conducting of depositions. The parties indicated that they had been working on an agreement between themselves which would render the matter moot and asked the Court to delay ruling on the motion. Accordingly, the Court advised the parties that it would take the motion under advisement until September 23, 2005, at 10:00 a.m. (This date has been changed until September 26, 2005, due to the proximity of Hurricane Rita.) If the parties have not reached an agreement by that time, the Court will enter a ruling on the motion.

These matters are memorialized in the Court's Minute Entry dated September 20, 2005

 

September 20, 2005

The parties in the above captioned matter have agreed that the Defendants shall receive a thirty (30) day extension in which to respond to tolling agreements. This gives the Defendants a total of sixty (60) days to respond. (Minute Entry Dated 09/19/05)

September 19, 2005

A telephone hearing will be held on September 20, 2005, at 3:30 p.m. on the Defendant Physicians' Motion for Protective Order Regarding Merck & Cp., Inc.'s Cross-Notices of Plaintiff's Depositions of Eliav Barr, M.D., Susan Baumgartner, Gilbert Block, M.D., James Dunn, Gregory Geba, M.D., and Marty Carroll. A court reporter will be present in Chambers.

September 16, 2005

The parties in the above captioned matter have agreed that the Defendants shall receive a sixty (60) day extension in which to respond to tolling agreements. (Minute Entry Dated 09/16/2005)

September 15, 2005

A telephone status conference was held on this date in the Chambers of Judge Eldon E. Fallon in Houston, Texas. At the conference, the parties discussed the location and date of the Irvin trial. Both counsel agreed that Houston was an appropriate and convenient forum for the trial.

Accordingly, the Irvin trial will be held at the United States District Court for the Southern District of Texas, 515 Rusk Street, Houston, Texas 77002, on November 28, 2005.

These matters are memorialized in the Court's Minute Entry dated September 15, 2005

NOTICE TO ALL COUNSEL

Effective immediately, all filings in this case should be made at the temporary offices of the Clerk of Court for the Eastern District of Louisiana located at 102 Versailles Street, Suite 501, Lafayette, Louisiana 70501. Telephone number (337) 262-6700. Although filings can be made in Houston, Texas, Baton Rouge, Louisiana, and Houma, Louisiana, the Court requests that the filings be made in Lafayette whenever possible.

Following a telephone status conference held on September 13, 2005, this Amendment to Pre-Trial Order #16 is issued. It concerns the schedule for class actions.

 

September 14, 2005

The following Minute Entry amends the Minute Entries dated September 9, 2005, and September 13, 2005. It concerns the extension of the deadline to complete the Plaintiff profile Forms and the Defendant's answers and specific objections to the requested expedited discovery.

These matters are memorialized in the Court's Minute Entry dated September 14, 2005

Pretrial Order #18B governs the form and schedule for service of Plaintiff Profile Forms, Medical Authorizations, and Merck Profile Forms.  It amends and supersedes Pre-Trial Orders #18 and #18A.

September 13, 2005

A telephone status conference was held on this date in the Chambers of Judge Eldon E. Fallon in Houston, Texas. The following matters were discussed: Plaintiff Profile Form extensions, expedited requests for production, expedited answers to interrogatories, discovery in the New Jersey state proceeding, the status of MDL class actions, the privilege log, access to the MDL Detailer List, letters from Merck to detailers no longer employed by Merck, the location of the Irvin trial, and the next monthly status conference.

These matters are memorialized in the Court's Minute Entry dated September 13, 2005

September 9, 2005

A telephone status conference was held on this date in the Chambers of Judge Eldon E. Fallon in Houston, Texas. The following matters were discussed: the Louisiana Master Class Action Complaint, Plaintiff Profile Forms, Service of Plaintiff Profile Forms through Lexis/Nexis, the effect of the Eastern District of Louisiana's Stay of Proceedings on Prescription, Discovery Responses, Priority Production, the Privilege Log, discovery in the New Jersey state litigation, the Master Class Action Schedule, the Defendants? Opposition to the Plaintiffs? Motion to Compel, and the location of the Irvin trial.

These matters are memorialized in the Court's Minute Entry dated September 9, 2005

September 7, 2005

A telephone status conference was held on this date with Plaintiffs' and Defendants' Liaison Counsel in the Chambers of Judge Eldon E. Fallon.  Chamber have temporarily relocated to the Southern District of Texas, Houston Division.  Until further notice, the Houston Division shall act as the filing court for the Vioxx MDL.

At the conference, the Court considered issues raised by liaison counsel including filing of new complaints, service, the Louisiana Master Class Action Complaint, the privilege log, document discovery, the Plaintiffs' Motion to Produce Foreign Discovery, tolling agreements, the detailer list, the class action schedule, and the location of the November trial.

These matters are memorialized in the Court's Minute Entry dated September 7, 2005. 

All questions regarding filing of new complaints should be directed to liaison counsel.
 

August 25, 2005

The monthly pretrial status conference was held on this date in the Courtroom of Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 6, including Lexis/Nexis File & Serve, State Court Trial Settings, Selection of Cases for Early Federal Court Trial, Class Actions, Discovery Directed to Merck, Plaintiff Steering Committee Request for Production of Facts Database, Vioxx Professional Representatives, Discovery Directed to the Food and Drug Administration, Discovery Directed to Third Parties, Deposition Scheduling, Plaintiff Profile Form and Merck Profile Form, Medical Records from Healthcare Providers, Contact with Claimants’ Healthcare Providers, Remand Issues, Tolling Agreement, Louisiana Master Complaint, State/Federal Coordination, Pro Se Claimants, and MDL Assessment. The next monthly pretrial conference shall be held on Thursday, September 29, 2005, at 9:30 a.m.

These matters are memorialized in the Court’s Minute Entry dated August 25, 2005.

July 19, 2005

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 5, including Lexis/Nexis File & Serve, selection of cases for early trial, class actions, master discovery directed to Merck, pretrial order governing individual cases, PSC request for production of FACTS database, discovery directed to FDA, discovery directed to third parties, Vioxx professional representatives, deposition scheduling, Plaintiff and Merck Profile Forms, medical records from healthcare providers, contact with healthcare providers, Plaintiffs’ depository, remand issues, tolling agreement, Louisiana master complaint, state/federal coordination, direct filing into the MDL, pro se claimants, and MDL assessment. The next monthly pretrial conference shall be held on Thursday, August 25, 2005 at 9:30 a.m. in the Courtroom of Judge Eldon E. Fallon.

These matters are memorialized in the Court’s Minute Entry dated July 19, 2005.

June 23, 2005

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 4, including Lexis/Nexis File & Serve, trial settings, selection of cases for early trial, class actions, discovery directed to Merck, pretrial order governing individual cases, Merck employee information, discovery directed to FDA, discovery directed to third parties, deposition scheduling, Plaintiff and Defendant Profile Forms, medical records from healthcare providers, contact with healthcare providers, Plaintiffs’ depository, confidentiality agreement, remand issues, tolling agreement, State Liaison Committee, waiver of service, direct filing into the MDL, and pro se claimants. The next monthly pretrial conference shall be held on Tuesday, July 19, 2005 at 9:30 a.m. in the Courtroom of Judge Eldon E. Fallon.

These matters are memorialized in the Court’s Minute Entry dated June 23, 2005.

May 23, 2005

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 3, including Lexis Nexis File & Serve, trial settings, selection of cases for early trial, class actions, individual cases, document discovery directed to Merck, Merck employee information, insurance information, discovery directed to the FDA, discovery directed to third parties, deposition guidelines and scheduling, Plaintiff and Defendant Profile Forms, medical records from healthcare providers, contact or communications with healthcare providers, Plaintiffs’ depository, confidentiality agreement, remand issues, tolling agreement, State Liaison Committee, pretrial orders regarding waiver of service and directly filing cases into the MDL, and pro se claimants. The next monthly pretrial conference shall be held on Thursday, June 23, 2005 at 9:30 a.m. in the Courtroom of Judge Eldon E. Fallon.

These matters are memorialized in the Court’s Minute Entry dated May 23, 2005.

April 28, 2005

The monthly pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 2, including service list of counsel and Lexis-Nexis electronic service application, trial settings, Plaintiffs’ and Defendants’ steering committees, master complaints and answers, discovery directed to Merck, the FDA, and third parties, deposition guidelines and scheduling, Plaintiff Profile Form, medical records from healthcare providers, Defendants’ communications with healthcare providers, document depositories, confidentiality agreement, remand issues, class action cases, tolling agreement, and case management order. The next monthly pretrial conference shall be held on Monday, May 23, 2005 at 9:00 a.m. in the Courtroom of Judge Eldon E. Fallon.

These matters are memorialized in the Court’s Minute Entry dated April 28, 2005.

March 18, 2005

The initial pretrial conference was held on this date by Judge Eldon E. Fallon.

At the conference, the Court considered issues raised by Liaison Counsel in their Joint Report No. 1, including service list of counsel and LexisNexis electronic service application, trial settings, Plaintiffs’ and Defendants’ steering committees, master complaints, tolling agreements, deposition guidelines, document depositories, plaintiff profile forms, plaintiff time and billing guidelines, position papers, third-party payor claims and defendants other than Merck. The next monthly pretrial conference shall be held on Thursday, April 28, 2005 at 9:00 a.m. in the Courtroom of Judge Eldon E. Fallon.

These matters are memorialized in the Court’s Minute Entry dated March 18, 2005.

March 7, 2005

Pursuant to Pretrial Order #1, the initial pretrial conference will be held on Friday, March 18, 2005 at 9:00 a.m. in the Courtroom of Judge Eldon E. Fallon.