On October 25th Judge William Orrick issued Case Management Order No. 1 in the JUUL litigation consolidated in his court in the Northern District of California. The Order relates to an initial census, a concept also adopted by Judge M. Casey Rogers of the Northern District of Florida, who is handling the MDL relating to 3M earplugs.
In his Order, Judge Orrick stated he was “interested in generating an initial census in this litigation to assist me in determining who should be on the Plaintiffs’ Executive Committee, Plaintiffs’ Steering Committee, and other appointments, as well as how to manage the case from the outset.”
He has appointed Sarah London of Lieff Cabraser, Ellen Relkin of Weitz & Luxenberg and Joseph Van Zandt of Beasley Allen to represent the plaintiffs solely for the purposes of conferring with the defense about a proposal for the content and timing of an initial census in advance of the upcoming status conference. In addition, he requested the assistance of Professor Jamie Dodge, Director of the Institute for Complex Litigation and Mass Claims at Emory Law School to assist in those discussions.
The initial status conference is scheduled for November 8th, at which time Judge Orrick is expected to also consider applications for leadership from over 50 attorneys, about half of whom are part of a proposed leadership slate.