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MDL 2319

MDL 2319 Bayer Healthcare LLC and Merial Limited Flea Control Products Marketing and Sales Practices Litigation


Master Docket Number: 1:12-md-2319
Presiding Judge: Dan A. Polster
Chambers 216-357-7190
Description The subject actions share factual issues arising from allegations that defendants have made various false and misleading assertions concerning flea control products3 marketed for use on dogs and cats (e.g., that the products are self-dispersing and cover the entire surface of the animal’s body when applied in a single spot, are effective for one month, do not enter the animal’s bloodstream, and are waterproof and remain effective following shampoo treatments, swimming, or exposure to rain or sunlight)


Orders Pertaining to MDL 2319

Transfer Order Initial Transfer Order from the Judicial Panel on Multidistrict Litigation 2/8/2012
CMC Scheduling Order  Case Management Conference to be held on 5/1/2012 at 1:00 PM at Chambers 18B before Judge Dan Aaron Polster 3/13/2012
CMC Scheduling Order 2 Directing counsel to answer additional questions in the April 23rd Suggested Protocol 3/13/2012
Minute Order Case Management Conference held on 5/2/12. No later than 4 p.m. on May 15, 2012, Defendants will forward to the Court and Plaintiffs counsel any studies conducted after January 1, 2010, that substantiate Defendants above-quoted assertions. After Defendants produce the studies, Plaintiffs will have until 4 p.m. on Monday, July 16, 2012, to refute the studies, e.g., showing how they are unreliable, inaccurate, or incomplete, or these cases will be dismissed. See order for other details 5/2/2012
Order Court held a teleconference on September 4, 2012 to discuss the proposals for resolving this MDL. Defendants shall file a summary judgment motion no later than October 3, 2012. If Plaintiffs believe that limited discovery is necessary in order to support its brief in opposition to the summary judgment motion, they may file a motion for discovery no later than October 17, 2012. If motion is filed, Defendants may file a brief in opposition to that discovery motion no later than October 24, 2012. If Plaintiffs do not file a discovery motion, they shall file a brief in opposition to the summary judgment motion no later than November 5, 2012. Defendants shall file their reply brief no later than November 19, 2012. 9/17/2012
Protective Order Stipulated Protective Order 12/26/2012
Memorandum Opinion & Order Because Plaintiffs have not produced any evidence that Defendants do not have a good faith basis for their advertised representations concerning topical dispersion, the Court GRANTS Defendants Motion for Summary Judgment (Doc #: [45]). 3/19/2013
Judgment Entry For the reasons stated in the Memorandum of Opinion and Order filed contemporaneously with this Judgment Entry, and pursuant to Federal Rule of Civil Procedure 58, it is hereby ORDERED, ADJUDGED AND DECREED that the case is termindated and dismissed as final. 3/19/2013