Public Justice

May 14, 2020 In COVID-19 Resources

National Prescription Opiates Litigation Plaintiffs Opposition to Defendants Motion to Extend all Deadlines by 60 Days (filed March 25, 2020)

Argues against 60-day extension of all deadlines by emphasizing (1) national importance of case, (2) COVID-related challenges fall equally on both parties, not just defendants, (3) defendants’ failure to put forward explanations why COVID-19 interferes with their ability to meet deadlines, and (4) adequacy of…

Type of Order: Discovery Deadlines, Sample Briefs

May 14, 2020

In re JUUL Labs Motion for Alternative Service (Filed April 22, 2020)

Arguing that, in light of COVID-19 crisis, court should enter an order stating that, for the purposes of this MDL proceeding, the personal service requirements set forth in F.R.C.P. 45 can be satisfied by delivering subpoenas via certified mail until September 1, 2020. In re…

May 14, 2020 In COVID-19 Resources Eleventh Circuit

In re Zantac MDL (S.D. Fla March 20, 2020)

Recognizes need to balance interests in moving case forward and ensuring that court has full information in making any decisions; in absence of permanent leadership, finds that “it is in the best interests of the case to allow the Initial Census Team, Practices and Procedures…

Type of Order: Case-Specific, Remote Proceedings

May 14, 2020 In COVID-19 Resources Eighth Circuit

In re: RFC and ResCap Liquidating Trust Action (D. Minn. Mar. 13, 2020)

Finding good cause and compelling circumstances to allow remote testimony to complete bench trial. (available at 2020 WL 1280931) In re RFC and ResCap Liquidating Trust Action (D. Minn. Mar. 13, 2020)

Type of Order: Case-Specific, Remote Proceedings

May 14, 2020 In COVID-19 Resources Eighth Circuit

Automatic Equip. Mfg. Co. v. Danko Mfg., LLC (D. Neb. Mar. 12, 2020)

Offering to allow parties to hold traditionally in-person Markman hearing in patent infringement case by videoconference. (available at 2020 WL 1182006) Automatic Equip. Mfg. Co. v. Danko Mfg., LLC (D. Neb. Mar. 12, 2020)

Type of Order: Case-Specific, Remote Proceedings

May 14, 2020 In COVID-19 Resources Eighth Circuit

Wachovia Bank Judges Letter (D. Minn. March 24, 2020)

Rejecting party request to delay motion hearing, explaining why judge “simply ha[s] to keep [his] civil motions calendar moving,” and why telephonic hearings are workable. Wachovia Bank Judges Letter (D. Minn. March 24, 2020)

Type of Order: Case-Specific, Remote Proceedings

May 14, 2020 In COVID-19 Resources Seventh Circuit

County of Cook v. Bank of America Corp. et al. (N.D. Ill. March 12, 2020)

Transcript of proceedings before Magistrate Judge Sunil R. Harjani in which judge favors use of video depositions over cancellations. County of Cook v. Bank of America Corp. et al. (March 12, 2020)

Type of Order: Case-Specific, Depositions

May 14, 2020 In COVID-19 Resources Seventh Circuit

DeVine v. XPO Logistics Freight (N.D. Ill. Mar. 17, 2020)

Observing that “the medical community is very, very busy right now,” orders parties to meet and confer to determine whether outstanding medical provider depositions are in fact needed; institutes COVID-related protocol requiring proponent of deposition to report to court information regarding proposed deponent, including anticipated…

Type of Order: Case-Specific, Depositions

May 14, 2020 In COVID-19 Resources Seventh Circuit

Lipsey v. Walmart, Inc. (N.D. Ill. Mar. 20, 2020)

(available at 2020 WL 1322850) Orders parties to meet and confer to determine which medical provider depositions should go forward; institutes COVID-related protocol requiring proponent of deposition to report to court information regarding proposed deponent, including anticipated involvement in preparation or response to COVID-related public…

Type of Order: Case-Specific, Depositions

May 14, 2020 In COVID-19 Resources Sixth Circuit

In re Duramax Diesel Litigation (E.D. Mich. April 7, 2020)

Rejecting parties’ stipulation attempting to extend discovery deadlines in light of COVID-19, finding that “[n]either party has explained that they have attempted to use all available means, including video and telephone conferencing and electronic and telephonic communication, to complete discovery, nor have they provided any…

Type of Order: Case-Specific, Discovery Deadlines