Philips Recalled CPAP, BI-LEVEL PAP, and Mechanical Ventilator Products Litigation, MDL. No. 3014
The Honorable Joy Flowers Conti, Presiding
2:21-mc-01230
Notice of Class Action Settlement of Economic Loss Claims
Notice of Proposed Class Action Settlement of Medical Monitoring Claims
Orders Pertaining to MDL 3014
| Transfer Order (Doc. No. 1) | 10/08/2021 |
| Transfer Order CTO-1 (Doc. No. 2) | 10/20/2021 |
| Transfer Order CTO-2 (Doc. No. 3) | 11/03/2021 |
| 11/10/2021 | |
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TEXT ORDER re Emergency Motion to Stay [8] and Response to Motion [11]:The court appreciates the need for Philips RS North America LLC (Respironics) to comply with its obligations with respect to the FDA Recall Remediation. The court, however, lacks information about why Respironics is unable to preserve the items identified in the brief in response to its emergency motion, i.e., the PE-PUR foam, memory cards in the devices, and other component parts of the machines that are removed in the retrofitting process. [9]. At or before 1:00 p.m. on 11/17/2021, Respironics shall file a reply brief, not to exceed ten pages, to address why it is unable to preserve those items. Signed by Judge Joy Flowers Conti on 11/15/2021. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kjm)
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11/15/2021 |
| Transfer Order CTO-3 (Doc. No. 13) | 11/15/2021 |
| 11/19/2021 | |
| Transfer Order CTO-4 (Doc. No. 42) | 11/22/2021 |
| Transfer Order CTO-5 (Doc. No. 49) | 11/29/2021 |
| Pretrial Order #3 (Doc. No. 60) | 12/01/2021 |
| Transfer Order CTO-6 (Doc. No. 92) | 12/09/2021 |
| Stipulated Protective Order (Doc. No. 104) | 12/10/2021 |
| Order Implementing Federal Rule of Evidence 502(d) (Doc. No. 105) | 12/10/2021 |
| Pretrial Order #4 (Doc. No. 120) | 12/14/2021 |
| Pretrial Order #5 (Doc. No. 127) | 12/20/2021 |
| Transfer Order CTO-7 (Doc. No. 130) | 12/21/2021 |
| Transfer Order CTO-8 (Doc. No. 131) | 12/21/2021 |
| Pretrial Order #6 (Doc. No. 133) | 12/21/2021 |
| Transfer Order CTO-9 (Doc. No. 142) | 12/28/2021 |
| Transfer Order CTO-10 (Doc. No. 152) | 01/03/2022 |
| Transfer Order CTO-11 (Doc. No. 270) | 01/06/2022 |
| TEXT ORDER: In light of the increasing number of COVID-19 cases across the country and locally, the court’s trial scheduled in January was postponed. The court will hold the interviews for the Plaintiffs’ Steering Committee, lead counsel, and liaison counsel via Zoom teleconference from 11:00 a.m. until 4:30 p.m. on January 26, 2022, and January 27, 2022. On or before January 17, 2022, the counsel shall file a notice to inform the court about trial conflicts on either of those dates and the counsel’s availability. The court will schedule a timeslot for each applicant and will notify each applicant of a time and date via email. | 01/07/2022 |
| Interim Preservation Order (Doc. No. 332) | 01/11/2022 |
| Transfer Order CTO-12 (Doc. No. 346) | 01/12/2022 |
| Transfer Order CTO-13 (Doc. No. 364) | 01/19/2022 |
| Transfer Order (Doc. No. 369) | 02/02/2022 |
| Transfer Order CTO-14 (Doc. No. 381) | 02/08/2022 |
| Order Making Tolling Agreement Available on Court's Website (Doc. No. 382) | 02/08/2022 |
| Transfer Order CTO-15 (Doc. No. 385) | 02/14/2022 |
| Pretrial Order #8 (Doc. No. 395) | 02/15/2022 |
| Transfer Order CTO-16 (Doc. No. 400) | 02/17/2022 |
| Transfer Order CTO-17 (Doc. No. 410) | 02/23/2022 |
| Pretrial Order #9 (Doc. No. 412) | 02/23/2022 |
| Transfer Order CTO-18 (Doc. No. 416) | 02/25/2022 |
| Transfer Order CTO-19 (Doc. No. 419) | 03/02/2022 |
| Order Modifying Deadline to Submit Identifying Information (Doc. No. 434) | 03/07/2022 |
| Transfer Order CTO-20 (Doc. No. 454) | 03/14/2022 |
| Pretrial Order #10 (Doc. No. 464) | 03/17/2022 |
| Transfer Order CTO-21 (Doc. No. 477) | 03/22/2022 |
| Transcript of Status Conference Proceedings | 03/22/2022 |
| Transfer Order CTO-22 (Doc. No. 486) | 03/24/2022 |
| Supplemental Pretrial Order #8 (Doc. No. 487) | 03/24/2022 |
| Pretrial Order #11 (Doc. No. 488) | 03/25/2022 |
| Pretrial Order #12 (Doc. No. 489) | 03/25/2022 |
| Pretrial Order #13 (Doc. No. 491) | 03/29/2022 |
| Stipulation Regarding Stipulated Protective Order (Doc. No. 498) | 04/04/2022 |
| Transfer Order (Doc. No. 499) | 04/05/2022 |
| Transfer Order (Doc. No. 500) | 04/08/2022 |
| Transfer Order CTO-23 (Doc. No. 501) | 04/11/2022 |
| Transfer Order CTO-24 (Doc. No. 506) | 04/15/2022 |
| Order Granting Motion for Ruth Anne French-Hodson to Withdraw from Plantiffs' Steering Committee (Doc. No. 511) | 04/20/2022 |
| Transfer Order CTO-25 (Doc. No. 512) | 04/20/2022 |
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Minute Entry for Status Conference held on 4/20/2022 held before Judge Joy Flowers Conti: As fully set forth on the record, the court and parties addressed the items in the proposed joint agenda, including: the timely filing of documents with the court, i.e., documents are due at or before 12 noon on the date they are due; the timeline for the filing of consolidated class action complaints, other pleadings, and Rule 12 motions and the filing of a joint motion for a court order setting those dates and page limits; the appointment of a special master to oversee the coordination efforts of the separate mediators for this MDL and the SoClean MDL and the parties attempting to reach agreement on that appointment; disclosures, fact sheets, and registries; the stay on discovery, including when the stay will be lifted (after the court approves the discovery plan) and the role of the special master in that process; the filing of the proposed order to appoint Carole Katz as the discovery special master at or before 12 noon on 5/3/2022; the stay being in place except for mutually agreed-upon discovery; Ms. Avery and Mr. Schaffer serving as liaison to the SoClean MDL and the filing of a proposed order appointing them to those positions; the need for a privilege log protocol; the deposition in extremis protocols; scheduling of the science day with the SoClean MDL; updates on preservation orders; an update from liaison counsel about their efforts; and an update from the leadership development committee. (Court Reporter: Jane Proud) (kjm) |
4/20/2022 |
| Transfer Order CTO-26 (Doc. No. 518) | 04/26/2022 |
| TEXT ORDER: The status conferences scheduled for various dates at 4:00 p.m., pursuant to PRETRIAL ORDER #12 [489], are hereby rescheduled to 3:00 p.m. on the same dates as set forth in Pretrial Order #12. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 521) | 04/27/2022 |
| Transfer Order CTO-27 (Doc. No. 535) | 05/03/2022 |
| Transfer Order CTO-28 (Doc. No. 537) | 05/04/2022 |
| Order Appointing and Setting Duties of Special Master for General Discovery and E-Discovery (Doc. No. 540) | 05/04/2022 |
| Transfer Order CTO-29 (Doc. No. 554) | 05/10/2022 |
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Set Hearings: A joint science day with the SoClean MDL is set for 9/1/2022 at 11:00 a.m. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kjm) |
05/19/2022 |
| Pretrial Order #14 (Doc. No. 573) | 05/19/2022 |
| Pretrial Order #15 (Doc. No. 574) | 05/19/2022 |
| Interim Preservation Order (Doc. No. 578) | 05/20/2022 |
| Transfer Order CTO-30 (Doc. No. 580) | 05/23/2022 |
| Transfer Order CTO-31 (Doc. No. 581) | 05/23/2022 |
| Transfer Order CTO-32 (Doc. No. 584) | 05/24/2022 |
| Revised Pretrial Order #13 (Doc. No. 586) | 05/24/2022 |
| Pretrial Order #16 (Doc. No. 588) | 05/26/2022 |
| Transfer Order CTO-33 (Doc. No. 592) | 06/01/2022 |
| Stipulation & Notice of Dismissal of the Burnett Defendants (Doc. No. 595) | 06/02/2022 |
| Pretrial Order #17 (Doc. No. 605) | 06/08/2022 |
| Transfer Order CTO-34 (Doc. No. 613) | 06/14/2022 |
| Transfer Order CTO-35 (Doc. No. 614) | 06/14/2022 |
| Transfer Order CTO-36 (Doc. No. 620) | 06/16/2022 |
| Case Management Order Initial Discovery Plan (Doc. No. 624) | 06/17/2022 |
| Transfer Order CTO-37 (Doc. No. 631) | 06/27/2022 |
| Minute Entry for Status Conference held on 6/15/2022 before Judge Joy Flowers Conti: As set forth fully on the record, the court addressed the items on the parties' joint agenda. Discovery is set to begin on 7/1/2022. The court requested an update from the mediator at each hearing. The court raised two issues re: the common benefit assessment order. (Court Reporter: Sharon Siatkowski) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm) | 07/18/2022 |
| Pretrial Order #18 (Doc. No. 660) | 07/21/2022 |
| Pretrial Order #19 (Doc. No. 661) | 07/21/2022 |
| Pretrial Order #20 (Doc. No. 662) | 07/21/2022 |
| Transfer Order CTO-38 (Doc. No. 666) | 07/27/2022 |
| Transfer Order CTO-39 (Doc. No. 667) | 07/27/2022 |
| Transfer Order CTO-40 (Doc. No. 668) | 07/27/2022 |
| Transfer Order CTO-41 (Doc. No. 669) | 07/27/2022 |
| Stipulation & Order (Doc. No. 673) | 08/03/2022 |
| Transfer Order CTO-42 (Doc. No. 674) | 08/04/2022 |
| Transfer Order CTO-43 (Doc. No. 680) | 08/10/2022 |
| Pretrial Order #21 (Doc. No. 683) | 08/15/2022 |
| Transfer Order CTO-44 (Doc. No. 688) | 08/18/2022 |
| Pretrial Order #22 (Doc. No. 701) | 08/25/2022 |
| Order Lifting Stay of Conditional Transfer Order (Doc. No. 707) | 08/24/2022 |
| Order Lifting Stay of Conditional Transfer Order (Doc. No. 708) | 08/24/2022 |
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Minute Entry for Status Conference held on 7/21/2022 before Judge Joy Flowers Conti: As set forth fully on the record, the court addressed the matters on the parties' joint agenda and matters added by the court. The court, among other things: requested timeframes for ESI and discovery before the next hearing; ordered that on or before 8/17/2022, the parties shall provide an agenda for science day; provided 30 pages to the parties for motion to dismiss and 15 pages each for a state-by-state law appendix; ordered a combined appendix showing each parties' position state-by-state; ordered the filing of an amended motion re assessment; and directed the filing of a motion to extend time for Polymer to file its motion to dismiss. (Court Reporter: Veronica Trettel) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm) (Doc. No. 712) |
08/29/2022 |
| Pretrial Order #23 (Doc. No. 716) | 08/29/2022 |
| Pretrial Order #24 (Doc. No. 717) | 08/29/2022 |
| Transfer Order CTO-45 (Doc. No. 729) | 08/31/2022 |
| Pretrial Order #25 (Doc. No. 739) | 09/14/2022 |
| Stipulated Addendum A to Pretrial Order #18 (Doc. No. 745) | 09/16/2022 |
| Transfer Order CTO-46 (Doc. No. 746) | 09/16/2022 |
| Transfer Order CTO-47 (Doc. No. 761) | 09/21/2022 |
| Transfer Order CTO-48 (Doc. No. 762) | 09/22/2022 |
| Amended Stipulated Protective Order (Doc. No. 765) | 09/22/2022 |
| Pretrial Order #26 (Doc. No. 766) | 09/22/2022 |
| Pretrial Order #27 (Doc. No. 767) | 09/22/2022 |
| Scheduling Order Regarding Amended Master/Class Complaints, Answers, Motions to Dismiss, and Related Briefing (Doc. No. 768) | 09/22/2022 |
| Amended Preservation Order Applicable to Dreamstation 1 Devices (Doc. No. 773) | 09/23/2022 |
| Transfer Order CTO-49 (Doc. No. 776) | 09/28/2022 |
| Transfer Order (Doc. No. 780) | 10/05/2022 |
| Pretrial Order #28 (Doc. No. 783) | 10/05/2022 |
| Transfer Order CTO-50 (Doc. No. 784) | 10/07/2022 |
| Transfer Order CTO-51 (Doc. No. 800) | 10/12/2022 |
| Transfer Order CTO-52 (Doc. No. 805) | 10/14/2022 |
| Order Reinstating Stay of Conditional Transfer Order (Doc. No. 822) | 10/18/2022 |
| Transfer Order CTO-53 (Doc. No. 826) | 10/19/2022 |
| Amended Pretrial Order #12 (Doc. No. 830) | 10/20/2022 |
| Transfer Order CTO-54 (Doc. No. 861) | 11/10/2022 |
| Order Granting Joint Motion to Modify Pretrial Order No. 25 (Doc. No. 869) | 11/16/2022 |
| Pretrial Order #25a (Doc. No. 870) | 11/16/2022 |
| Pretrial Order #26a (Doc. No. 871) | 11/16/2022 |
| Transfer Order CTO-55 (Doc. No. 873) | 11/18/2022 |
| Order Lifting Stay of Conditional Transfer Order (Doc. No. 880) | 11/22/2022 |
| Transfer Order CTO-56 (Doc. No. 895) | 12/01/2022 |
| Transfer Order CTO-57 (Doc. No. 935) | 12/09/2022 |
| Pretrial Order #29 (Doc. No. 946) | 12/12/2022 |
| Remark: The status conference in this MDL scheduled for 12/14/2022 will begin promptly upon the conclusion of the status conference for MDL 3021, which is set for 12/14/2022 at 11:00 a.m. The parties in both MDLs informed the court that the status conference in MDL 3021 will be brief, and, therefore, the status conference in this MDL is likely to begin in the 11:00 a.m. hour. Anyone wishing to attend the status conference in this case shall plan accordingly. Text-only entry. No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lyk) (Doc. No. 948) | 12/12/2022 |
| ORDER: In-Person Status Conference set for 1/25/2023 at 12:00 PM is RESCHEDULED to 11:00 AM in Courtroom 5A. TIME CHANGE ONLY. Signed by Judge Joy Flowers Conti on 12/13/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lyk) (Doc. No. 957) | 12/13/2022 |
| Transfer Order (Doc. No. 963) | 12/13/2022 |
| Amended Interim Preservation Order (Applicable to Trilogy Devices) (Doc. No. 968) | 12/14/2022 |
| ORDER: In-Person Status Conference previously set for 3/22/2022 is RESCHEDULED to 3/15/2022 at 12:00 PM in Courtroom 5A. The hearing will begin immediately after the SoClean (22-152) hearing, which may be before 12:00 PM. Anyone wishing to attend shall plan accordingly. Signed by Judge Joy Flowers Conti on 12/16/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lyk) (Doc. No. 1018) | 12/16/2022 |
| Transfer Order CTO-58 (Doc. No. 1117) | 12/22/2022 |
| Order Lifting Transfer Order CTO-58 (Doc. No. 1244) | 12/27/2022 |
| Transfer Order CTO-59 (Doc. No. 1294) | 01/03/2023 |
| Pretrial Order #18 - Appendix (Doc. No. 1311) | 01/04/2023 |
| ORDER: IT IS HEREBY ORDERED that the requirements of Fed.R.Cv.P 7.1 and LCvR 7.1, regarding the filing of Disclosure Statements, are WAIVED for any party or intervenor appearing in this multi-district litigation, MDL 3014. This waiver applies to the master docket as well as the individual civil action dockets. Signed by Judge Joy Flowers Conti on 1/11/2023. Text-only entry; No PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (map) | 01/11/2023 |
| Transfer Order CTO-60 (Doc. No. 1419) | 01/17/2023 |
| Rule 53 Declaration Concerning Special Master Appointment (Doc. No. 1433) | 01/18/2023 |
| Order Appointing Discovery Special Master for Non-Discovery Motions (Doc. No. 1434) | 01/18/2023 |
| Transfer Order CTO-61 (Doc. No. 1465) | 01/26/2023 |
| Transfer Order CTO-62 (Doc. No. 1495) | 02/01/2023 |
| Transfer Order (Doc. No. 1497) | 02/01/2023 |
| Transfer Order CTO-63 (Doc. No. 1514) | 02/06/2026 |
| Pretrial Order #30 (Doc. No. 1545) | 02/06/2023 |
| Order Granting Plaintiff's Unopposed Motion to Adjust Start Time of 2/22/23 Status Conference (Doc. No. 1550) | 02/08/2023 |
| Amended Pretrial Order #28(a) (Doc. No. 1594) | 02/21/2023 |
| Transfer Order CTO-64 (Doc. No. 1595) | 02/21/2023 |
| Transfer Order CTO-65 (Doc. No. 1596) | 02/21/2023 |
| Order Reinstating Stay of Conditional Transfer Order (Doc. No. 1601) | 02/22/2023 |
| ORDER granting [1649] Motion to Hold March 15, 2023 Status Conference by Telephone or Video Conference: For the reasons set forth in the motion, the status conference scheduled for 3/15/2023 will be conducted via videoconference. The court will email the liaison counsel and counsel for defendant the videoconferencing information for the call. Signed by Judge Joy Flowers Conti on 3/10/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lyk) | 03/10/2023 |
| Order to Show Cause (Doc. No. 1681) | 03/15/2023 |
| Order Re: Motion to Dismiss (Doc. No. 1682) | 03/15/2023 |
| Transfer Order CTO-67 (Doc. No. 1717) | 03/21/2023 |
| Order Lifting Stay of Conditional Transfer Order (Doc. No. 1719) | 03/21/2023 |
| Transfer Order CTO-68 (Doc. No. 1732) | 03/23/2023 |
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ORDER: In-Person Status Conference previously set for 5/24/2023 is RESCHEDULED to 5/25/2023 at 11:00 AM in Courtroom 5A. Motion Hearing set for 5/25/2023 at 1:30 PM in Courtroom 5A. Signed by Judge Joy Flowers Conti on 4/5/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lyk) (Doc. No. 1760 - No document attached) |
04/05/2023 |
| Transfer Order (Doc. No. 1768) | 04/11/2023 |
| Transfer Order CTO-69 (Doc. No. 1797) | 04/17/2023 |
| Transfer Order CTO-70 (Doc. No. 1830) | 04/24/2023 |
| Order to Modify Pretrial Order No. 22 (Doc. No. 1901) | 05/17/2023 |
| Scheduling Order Setting Discovery and Class Certification Deadlines (Doc. No. 1911) | 05/19/2023 |
| Transfer Order (Doc. No. 1976) | 06/02/2023 |
| Transfer Order CTO-71 (Doc. No. 2045) | 06/15/2023 |
| Transfer Order CTO-71 Schedule (Doc. No. 2048) | 06/15/2023 |
| Second Amended Interim Preservation Order (Applicable to Trilogy Devices) (Doc. No. 2049) | 06/15/2023 |
| Transfer Order CTO-72 (Doc. No. 2053) | 06/21/2023 |
| Transfer Order CTO-73 (Doc. No. 2068) | 06/30/2023 |
| Transfer Order CTO-74 (Doc. No. 2071) | 07/06/2023 |
| Transfer Order CTO-76 (Doc. No. 2088) | 07/14/2023 |
| Transfer Order CTO-75 (Doc. No. 2096) | 07/17/2023 |
| Transfer Order CTO-77 (Doc. No. 2122) | 07/27/2023 |
| Transfer Order CTO-78 (Doc. No. 2139) | 08/03/2023 |
| Amended Stipulated Order Governing Privilege Log Protocol (Doc. No. 2149) | 08/10/2023 |
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SCHEDULING ORDER: In-Person Status Conference previously set for 9/21/2023 is RESCHEDULED to 9/13/2023 at 11:00 AM (following So Clean status conference) in Courtroom 5A. In-Person Status Conference previously set for 10/19/2023 is RESCHEDULED to 10/17/2023 at 10:00 AM in Courtroom 5A. Oral Argument set for 9/13/2023 at 1:30 PM in Courtroom 5A. Motion Hearing on personal jurisdiction disputes set for 10/17/2023 at 11:00 AM in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 8/18/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lyk) (Doc. No. 2166) |
08/18/2023 |
| Transfer Order CTO-79 (Doc. No. 2183) | 08/24/2023 |
| Transfer Order CTO-80 (Doc. No. 2200) | 09/05/2023 |
| ORDER Setting Hearing on Motion re [2212] Unopposed MOTION for Settlement Preliminary Approval and Release of Economic Loss Claims: Motion Hearing set for 9/18/2023 at 3:00 PM in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 9/8/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 2218) | 09/08/2023 |
| Order of Court memorializing the rulings made, and more fully explained, on the record by the court on 9/13/23 (Doc. No. 2265) | 09/26/2023 |
| Pretrial Order No. 26(b) Modifying Fact Sheet Implementation Order (Doc. No. 2275) | 10/03/2023 |
| Transfer Order CTO-81 (Doc. No. 2276) | 10/03/2023 |
| Transfer Order CTO-82 (Doc. No. 2277) | 10/03/2023 |
| Order Preliminarily Approving Proposed Class Settlement Agreement & Release of Economic Loss Claims (Doc. No. 2287) | 10/10/2023 |
| Order Granting Extension of Deadliness to Respond to Special Master Vanaskie's Reports & Recommendations on Motions to Dismiss (Doc. No. 2288) | 10/10/2023 |
| Order Preliminarily Approving Proposed Class Settlement Agreement & Release of Economic Loss Claims (Doc. No. 2289) (Corrective Entry Re: 2287) | 10/10/2023 |
| ORDER: In-Person Status Conference previously set for 11/16/2023 is RESCHEDULED to 11/9/2023 at 11:00 AM in Courtroom 5A. Signed by Judge Joy Flowers Conti on 10/10/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 2290) | 10/10/2023 |
| Transfer Order CTO-83 (Doc. No. 2301) | 10/18/2023 |
| Order with respect to Proposed Findings of Fact and Conclusions of Law about challenges to personal jurisdiction (Doc. No. 2310) | 10/25/2023 |
| Order Reinstating Stay of Conditional Transfer Order (Doc. No. 2311) | 10/26/2023 |
| Order to Hold the November 9, 2023 Status Conference by Videoconference (Doc. No. 2326) | 11/07/2023 |
| Order Granting Extension of Deadlines to Respond to Objections to Special Master's Reports & Recommendations & to Plaintiffs' Motion to Modify and/or Clarify (Doc. No. 2328) | 11/07/2023 |
| Second Amended Pretrial Order #12 Scheduling Monthly Status Conferences (Doc. No. 2336) | 11/09/2023 |
| Order Setting Deadlines for Submission of Proposed Findings of Fact & Conclusions of Law with Respect to the October 17, 2023 Evidentiary Hearing (Doc. No. 2348) | 11/15/2023 |
| Scheduling Order Setting and/or Revising Certain Deadlines for the Personal Injury and Medical Monitoring Tracks (Doc. No. 2355) | 11/21/2023 |
| Order Granting Extension of Deadlines to Respond to Special Master Katz's Report and Recommendation on Discovery of Medical Monitoring Plaintiffs' Medical Histories and Previous Exposures to Hazardous Substances (Doc. No. 2356) | 11/21/2023 |
| Transfer Order CTO-84 (Doc. No. 2364) | 11/28/2023 |
| Transfer Order CTO-85 (Doc. No. 2365) | 11/28/2023 |
| ORDER: In-Person Status Conference previously set for 3/21/2024 is RESCHEDULED to 3/14/2024 at 11:00 AM in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 11/30/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 2369) | 11/30/2023 |
| Order granting Motion to Publish the Economic Loss Class Settlement Notice (Notice Attached) (Doc. No. 2390) | 12/12/2023 |
| Transfer Order CTO-87 (Doc. No. 2403) | 12/27/2023 |
| Transfer Order CTO-88 (Doc. No. 2413) | 01/04/2024 |
|
ORDER: In-Person Status Conference previously set for 2/22/2024 is RESCHEDULED to 2/29/2024 at 11:00 AM in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 1/5/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 2414) |
01/05/2024 |
| Transfer Order CTO-89 (Doc. No. 2468) | 01/23/2024 |
| Memorandum Opinion Re: Special Master Report and Recommendation (Doc. No. 2471) | 01/24/2024 |
| Order granting in part and denying in part (2312) Motion to Modify or Clarify Special Master Report and Recommendation (Doc. No. 2472) | 01/24/2024 |
| Transfer Order CTO-90 (Doc. No. 2483) | 01/30/2024 |
| Order Re: (ECF No. 2340) Special Master's Report & Recommendation (Doc. No. 2487) | 01/30/2024 |
| Transfer Order (Doc. No. 2488) | 01/31/2024 |
| ORDER adopting [2272] SPECIAL MASTER REPORT AND RECOMMENDATION as the opinion of the court and denying [1341] Motion to Dismiss filed by Polymer Technologies and Polymer Molded Products, LLC. Signed by Judge Joy Flowers Conti on 2/1/2024. (Doc. No. 2489) | 02/01/2024 |
| Order Clarifying Deadline for Amendment of Master Personal Injury Complaint and Extending Deadlines to Respond to Amended Complaint (Doc. No. 2491) | 02/06/2024 |
| Order Granting Joint Motion for Extension of Deadline for Polytech Defendants to Answer Second Amended Master Long Form Complaint for Personal Injuries (Doc. No. 2520) | 02/13/2024 |
| Memorandum Opinion (Doc. No. 2521) | 02/14/2024 |
| Pretrial Order 28(b) (Doc. No. 2532) | 02/26/2024 |
| Preservation Order Applicable to Other Recalled Devices (Doc. No. 2533) | 02/26/2024 |
| Transfer Order CTO-91 (Doc. No. 2552) | 03/06/2024 |
| Order Extending Deadline to Object to Report & Recommendation of Special Master Katz (ECF No. 2560) (Doc. No. 2661) | 03/22/2024 |
| Transfer Order CTO-92 (Doc. No. 2673) | 03/29/2024 |
| ORDER: In-Person Status Conference previously set for 6/20/2024 is RESCHEDULED to 6/18/2024 at 11:00 AM in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 4/3/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 2694) | 04/03/2024 |
| ORDER: In accordance with the court's standard practice, all persons wishing to participate on April 11, 2024, in the final fairness hearing about the economic loss proposed settlement must appear in person. Signed by Judge Joy Flowers Conti on 4/4/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 2697) | 04/04/2024 |
| Order re [2660] Brief in Support re [2659] Motion for Settlement, Final Approval of Class Settlement Agreement and Release of Economic Loss Claims, Final Judgment, Injunction and Order of Dismissal, filed by PLAINTIFFS (Doc. No. 2709) | 04/09/2024 |
| Transfer Order CTO-93 (Doc. No. 2710) | 04/09/2024 |
| Order of Court (Doc. No. 2711) | 04/09/2024 |
| Minute Entry for proceedings held before Judge Joy Flowers Conti: Final Fairness Hearing held on 4/11/2024. The court held a final fairness hearing on the settlement of the economic loss claims. Counsel committed to follow up with objectors and deficient opt out persons, and to continue representation of the class throughout any appeals, as set forth on the record. Philips agreed that opt outs who missed the deadline by one day will be considered timely and valid and represented that it will not exercise its right to terminate the agreement. The court will issue an opinion and order with respect to approval of the settlement and will include list of deficient opt outs with that order. Counsel will provide an updated list and a revised proposed order. The court reviewed all 78 objections on the record. No objectors appeared in person at the hearing. All as further stated on the record. So Clean indicated it would file objections to Special master Katzs R&R about Pretrial Order #31 (ECF #[2708]). The objections are due by 4/18/24; Philips may respond by 4/23/24; and the court will address the matter at the status conference on 4/25/24. All as stated on the record at the conclusion of the oral arguments in Misc. # 22-152 on April 12, 2024. (Court Reporter: Marsia Balobeck) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (Doc. No. 2724) | 04/11/2024 |
| Scheduling Order Revising Certain Deadlines for the Personal Injury and Medical Monitoring Tracks (Doc. No. 2727) | 04/16/2024 |
| Memorandum Opinion (Doc. No. 2735) | 04/25/2024 |
| Order Granting Final Approval of Class Settlement Agreement & Release of Economic Loss Claims, Final Judgment, Injunction & Order of Dismissal | 04/25/2024 |
| Order Granting Settlement Class Counsel's Motion for an Award of Attorneys' Fees, Costs & Expenses & for Service Awards to Settlement Class Representatives (Doc. No. 2737) | 04/25/2024 |
| ORDER: Status Conference previously set for 5/15/2024 at 11:00 AM is CANCELLED. Signed by Judge Joy Flowers Conti on 4/29/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 2741) | 04/29/2024 |
| Pretrial Order #31 (Doc. No. 2745) | 04/30/2024 |
| Transfer Order CTO-94 (Doc. No. 2750) | 05/01/2024 |
| Docket Management Order for Claims of Litigating Plaintiffs (Doc. No. 2769) | 05/09/2024 |
| IDENTIFICATION ORDER. This Order requires (i) all Primary Counsel for all Eligible Claimants and (ii) all Pro Se Eligible Claimants, to provide certain information within 30 days of this Order, i.e., no later than June 10, 2024 (the Identification Order Deadline). Details more fully stated in Order. Exhibits A and B attached. Signed by Judge Joy Flowers Conti on 5/9/2024. (Doc. No. 2770) | 05/09/2024 |
| Order Concerning Care Orchestrator Data (Doc. No. 2771) | 05/09/2024 |
| ORDER: Preliminary Approval Hearing of the Medical Monitoring Class set for 6/18/2024 at 3:00 PM in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 5/9/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 2774) | 05/09/2924 |
| Litigating Plaintiff Fact Sheet (Doc. No. 2777) | 05/09/2024 |
| Appointment Order (Doc. No.2779) | 05/09/2024 |
| Transfer Order CTO-95 (Doc. No. 2787) | 05/13/2024 |
| ORDER Response/Briefing Schedule re [2780] Urgent Motion Objecting to the Removal or Exclusion of Qualified Injury Claims Established by the FDA Under Current Personal Injury Case Settlement Agreement: Response due by 6/4/2024. Signed by Judge Joy Flowers Conti on 5/15/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 2790) | 05/15/2024 |
| Lien Administrator Appointment Order (Doc. No. 2791) | 05/15/2024 |
| Transfer Order CTO-96 (Doc. No. 2795) | 05/20/2024 |
| Amended Identification Order granting [2810] Joint Motion to Amend the Identification Order Deadline. Details more fully stated in Order. Signed by Judge Joy Flowers Conti on 6/7/2024. (Attachments: # (1) Exhibit A - Declaration of Primary Counsel, # (2) Exhibit B - Declaration of Pro Se Eligible Claimant) (Doc. No. 2828) | 06/07/2024 |
| Transfer Order CTO-97 (Doc. No. 2847) | 06/14/2024 |
| ORDER: Preliminary Approval Hearing is CONTINUED to 6/27/2024 at 2:00 PM in Courtroom 5A before Judge Joy Flowers Conti. Status Conference previously set for 7/18/2024 is RESCHEDULED to 7/24/2024 at 10:00 AM in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 6/20/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 2851) | 06/20/2024 |
| Order granting [2839] Special Master Report & Recommendation and Proposed Order Re: PSN Testing Data Dispute filed by Carole Katz. Signed by Judge Joy Flowers Conti on 6/20/2024. (Doc. No. 2854) | 06/20/2024 |
| Transfer Order CTO-98 (Doc. No. 2859) | 06/25/2024 |
| Order Preliminarily Approving Proposed Class Settlement Agreement and Release of Medical Monitoring Claims (Doc. No. 2864) | 06/27/2024 |
| ORDER: Final Fairness Hearing as to Medical Monitoring Claims set for 10/30/2024 at 10:30 AM in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 7/2/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 2866) | 07/02/2024 |
| Transfer Order CTO-99 (Doc. No. 2867) | 07/08/2024 |
| ORDER: In-Person Status Conferences previously set for 9/26/2024, 10/17/2024, and 11/21/2024 are RESCHEDULED to 9/19/2024, 10/10/2024, and 11/13/2024 at 11:00 AM in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 7/10/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 2875) | 07/10/2024 |
| Order granting [2878] Joint MOTION to Publish the Medical Monitoring Class Settlement Notice on the Court's Website. The Clerk of Court is directed to publish the Medical Monitoring Class Settlement Notice attached hereto as Exhibit A on the Court's website. Signed by Judge Joy Flowers Conti on 7/16/2024. (Attachments: # (1) Exhibit A) (Doc. No. 2879) | 07/16/2024 |
| ORDER: In-Person Status Conferences previously set for the remainder of 2024 (8/22/2024, 9/19/2024, 10/10/2024, 10/30/2024, 11/13/2024, and 12/12/2024) are CANCELLED. In-Person Status Conference set for 1/14/2025 at 11:00 AM in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 7/24/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 2891) | 07/24/2024 |
| CORRECTIVE ORDER re [2891] Order: Final Fairness Hearing as to Medical Monitoring Claims REINSTATED and set for 10/30/2024 at 10:30 AM in Courtroom 5A before Judge Joy Flowers Conti. In-Person Status Conferences previously set for the remainder of 2024 (8/22/2024, 9/19/2024, 10/10/2024, 11/13/2024, and 12/12/2024) are CANCELLED. In-Person Status Conference set for 1/14/2025 at 11:00 AM in Courtroom 5A before Judge Joy Flowers Conti. Signed by Judge Joy Flowers Conti on 7/24/2024. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No 2892) | 07/24/2024 |
| Transfer Order CTO-100 (Doc. No. 2900) | 07/29/2024 |
| Transfer Order CTO-101 (Doc. No. 2934) | 08/19/2024 |
| Order of Court granting unopposed Motion for Extension of Time (Doc. No. 2964) | 09/11/2024 |
| Order Consolidating the PSN Action into the Philips MDL (Doc. No. 2978) | 09/24/2024 |
| Transfer Order CTO-102 (Doc. No. 3002) | 10/09/2024 |
| Minute Entry for proceedings held before Judge Joy Flowers Conti: In-Person Status Conference held on 10/30/2024. The court conducted a final fairness hearing for the Medical Monitoring class settlement. The court reviewed all 257 objections individually on the record and considered the factors required by Rule 23 and applicable precedent. The court considered the fairness and reasonableness of the motion for counsel fees and expenses and service awards. The court concluded that the class requirements were met and that the settlement was fair, reasonable and adequate. The court will issue and opinion and order to further set forth its reasoning. All as stated on the record. (Court Reporter: Veronica Trettel) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (Doc. No. 3026) | 10/31/2024 |
| Transfer Order CTO-103 (Doc. No. 3036) | 11/13/2024 |
| Order Granting Final Approval of Class Settlement Agreement and Release of Medical Monitoring Claims, Final Judgment, Injunction and Order of Dismissal (Doc. No. 3053) | 12/05/2024 |
| Order Granting Settlement Class Counsel's Motion for an Award of Attorney's Fees, Costs, and Service Awards to Class Plaintiffs (Doc. No. 3054) | 12/05/2024 |
| Opinion re (3053) Granting Final Approval of Class Settlement Agreement and Release of Medical Monitoring Claims, Final Judgment, Injunction and Order of Dismissal re (3022) Notice, filed by Plaintiffs (Doc. No. 3055) | 12/05/2024 |
| Transfer Order (Doc. No. 3066) | 12/12/2024 |
| Memorandum Opinion re [2922] Amended Third Party Complaint, [2995] MOTION to Strike/Dismiss for Lack of Jurisdiction and [2997] MOTION to Strike/Dismiss for Lack of Jurisdiction (Doc. No. 3071) | 12/18/2024 |
| Order directing that [2922] Amended Third Party Complaint will be severed forthwith and the Clerk of Court is instructed to place it in a new civil action, which will be marked as related to the Philips MDL; [2995] MOTION to Dismiss for Lack of Jurisdiction and MOTION to Strike and [2997] MOTION to Dismiss for Lack of Jurisdiction are granted in part, to the extent the third-party complaint is severed and shall proceed as a separate civil action; The motions to dismiss shall also be placed in the new civil action. (Doc. No. 3072) | 12/18/2024 |
| Conditional Transfer Order (CTO-104) (Doc. No. 3074) | 12/19/2024 |
| Conditional Transfer Order (CTO-105) (Doc. No. 3077) | 12/27/2024 |
| Conditional Transfer Order (CTO-106) (Doc. No. 3088) | 01/13/2025 |
| ORDER: In August 2024, numerous Philips-related entities filed an amended third-party complaint for contribution against SoClean, Inc. ("SoClean") and DW Management, Inc. ("DW") in the Philips MDL (Misc. No. 21-1230, ECF No. [2922]). SoClean filed a motion to strike/dismiss the 3rd-party complaint for numerous substantive and procedural reasons. (ECF No. [2995]). DW filed a motion to dismiss for lack of personal jurisdiction. (ECF No. [2997]). On December 18, 2024, the court issued an opinion and order which: (1) severed the third-party complaint in Philips into a new case, Civ. # 24-1719, which is marked as related to the Philips MDL; and (2) dismissed a new class action complaint Philips filed in the SoClean MDL. (Misc. No. 21-1230, ECF Nos. [3071], [3072]). The motions to dismiss the 3rd-party complaint were also severed to Civ. #24-1719. The severance was done primarily for prudential reasons, including that SoClean was represented by new counsel, the parties were disputing whether new counsel was required to participate in conferences relating to the existing MDLs, and the parties were attempting to negotiate separate deadlines for the court to resolve the motions to dismiss on the merits. Upon consideration of SoClean's supplemental brief (Civ. #24-1719, ECF No. 8), the court concludes that the December 18, 2024, severance order created unintended complications and consequences with respect to the court's subject-matter jurisdiction. The court, therefore, hereby VACATES that order in part, with respect to the severance. Civil Action No. 24-1719 will be closed and the amended third-party complaint and motions to dismiss the amended third-party complaint will be returned to Misc. No. 21-1230. The remainder of the December 18, 2024 opinion and order remains in full force and effect. Signed by Judge Joy Flowers Conti on 2/20/2025. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (Doc. No. 3152) | 02/20/2025 |
| Conditional Transfer Order (CTO-107) (Doc. No. 3180) | 02/27/2025 |
| Conditional Transfer Order (CTO-109) (Doc. No. 3289) | 04/14/2025 |
| Conditional Transfer Order (CTO-110) (Doc. No. 3330) | 05/06/2025 |
| MEMORANDUM OPINION re [2922] Amended Third Party Complaint, filed by KONINKLIJKE PHILIPS N.V., [2995] MOTION to Dismiss for Lack of Jurisdiction, MOTION to Strike filed by SOCLEAN, INC., [2997] MOTION to Dismiss for Lack of Jurisdiction filed by DW Management Services, LLC, PHILIPS NORTH AMERICA LLC, PHILIPS RS NORTH AMERICA LLC., PHILIPS RS NORTH AMERICA HOLDING CORPORATION, PHILIPS HOLDING USA INC. An appropriate order will be entered. Signed by Judge Joy Flowers Conti on 5/7/2025. (Doc. No. 3333) | 05/07/2025 |
| ORDER dismissing [2922] Amended Third Party Complaint, filed by KONINKLIJKE PHILIPS N.V., without prejudice to Philips' ability to refile, as stated in open court on February 25, 2025; denying as moot [2995] MOTION to Dismiss for Lack of Jurisdiction filed by SOCLEAN, INC., [2997] MOTION to Dismiss for Lack of Jurisdiction filed by DW Management Services, LLC, PHILIPS NORTH AMERICA LLC, PHILIPS RS NORTH AMERICA LLC., PHILIPS RS NORTH AMERICA HOLDING CORPORATION, PHILIPS HOLDING USA INC. On or before May 14, 2025, counsel shall confer and file a notice of the deadline for Philips to file a second amended master third-party complaint, which shall not be later than June 30, 2025. On or before May 21, 2025, Philips' counsel shall submit a notice listing all cases directly filed in this court pursuant to PTO #28(b) (except those for which this court is the intended home court of original filing or which were voluntarily dismissed or settled) and shall contact plaintiffs counsel for all such cases about the need to modify PTO #28(b) to address the issues relating to "remand" versus transfer. On or before June 9, 2025, defendants and any interested plaintiff may file a brief addressing whether PTO #28(b) should be modified and, if so, what modifications are appropriate. After review of those filings, the court may set a hearing or status conference to discuss the next steps. Signed by Judge Joy Flowers Conti on 5/7/2025 (Doc. No. 3334). | 05/07/2025 |
| Transfer Order (Doc. No. 3370) | 06/11/2025 |
| ORDER granting [3368] Motion for Order Setting Deadlines filed by PHILIPS RS NORTH AMERICA LLC. The Litigating Plaintiffs in the above-captioned matters (and listed in Exhibit A to this Order) shall serve the notices, documents, and/or information described in Sections III and IV, paragraphs 12-18, of this Court's Docket Management Order, ECF No. [2769], upon counsel for Philips Defendants. Details more fully stated in Order. Signed by Judge Joy Flowers Conti on 6/13/2025. (Attachments: # (1) Exhibit A - List of Deficient Litigating Plaintiffs as of June 10, 2025) (Doc. No. 3375) | 06/13/2025 |
| ORDER granting [3368] Motion for Order to Show Cause. All Plaintiffs listed in Exhibit A to this Order shall, no later than July 7, 2025, either (1) cure the deficiencies noted in Exhibit A to this Order and provide proof of having done so to the Court, or (2) file a response demonstrating good cause for their failure to cure. Pursuant to paragraph 21 of the Docket Management Order, ECF No. [2769], failure to do so shall result in dismissal of the relevant Plaintiff's claims with prejudice. Signed by Judge Joy Flowers Conti on 6/13/2025. (Attachments: # (1) Exhibit A - List of Deficient Litigating Plaintiffs as of June 10, 2025) (Doc. No. 3376) | 06/13/2025 |
| ORDER granting [3394] Motion of the Philips Defendants for Supplemental Relief with Respect to the Docket Management Order. The Litigating Plaintiffs listed in Exhibit A to this Order shall serve the notices, documents, and/or information described in Sections III and IV, paragraphs 1218, of this Court's Docket Management Order, ECF No. 2769, upon counsel for the Philips Defendants. Should any of the listed Litigating Plaintiffs fail to fully comply with the foregoing requirements, then the Philips Defendants shall notify the Court of the alleged deficiencies, and the Court shall enter an Order to Show Cause why each deficient Litigating Plaintiff's case should not be dismissed with prejudice. Deficient Litigating Plaintiffs shall have 21 days to respond to said Order to Show Cause. The plaintiffs listed in Exhibit B to this Order are hereby RELIEVED of the compliance deadlines imposed on them by this Court's June 13, 2025 Orders, ECF Nos. [3375], [3376]. All Litigating Plaintiffs who assert claims against the Philips Defendants in this MDL on or after the date of this Order shall be subject to the Docket Management Order's deadlines to run from the date on which they enter the MDL. Details more fully stated in Order. Signed by Judge Joy Flowers Conti on 7/3/2025. (Attachments: # (1) Exhibit A, # (2) Exhibit B) (Doc. No. 3421) | 07/03/2025 |
| Conditional Transfer Order (CTO-111) (Doc. No. 3427) | 07/03/2025 |