Little et al v. Zimmer, Inc. et al, No. 1:2018cv10393 - Document 76 (S.D.N.Y. 2021)
Court Description: OPINION & ORDER re: (496 in 1:18-md-02859-PAC) MOTION to Stay Remaining Initial Bellwether Trial Pool Cases Pending Nutting Appeal, filed by Plaintiffs' Executive Committee. The Court GRANTS Plaintiffs' motion to stay t he remaining initial bellwether cases. The cases Pride, No. 18-cv-10649, Goode, No. 19-cv-3504, and Little, No. 18-cv-10393 are STAYED pending the resolution of the appeal in Nutting, No. 19-cv-699. Zimmer and the PEC shall meet and confer before j ointly submitting a proposed briefing schedule for a selecting a second round of four bellwether cases in this MDL. That schedule shall be filed by January 3, 2022. The Clerk of Court is directed to close the motion at 18-md-2859, ECF number 496. SO ORDERED. (Signed by Judge Paul A. Crotty on 12/16/2021) Filed In Associated Cases: 1:18-md-02859-PAC, 1:18-cv-10393-PAC, 1:19-cv-03504-PAC, 1:20-cv-10649-PAC (va)
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Little et al v. Zimmer, Inc. et al Doc. 76 Case 1:18-cv-10393-PAC Document 76 Filed 12/16/21 Page 1 of 12 Dockets.Justia.com Case 1:18-cv-10393-PAC Document 76 Filed 12/16/21 Page 2 of 12 Case 1:18-cv-10393-PAC Document 76 Filed 12/16/21 Page 3 of 12 Case 1:18-cv-10393-PAC Document 76 Filed 12/16/21 Page 4 of 12 Case 1:18-cv-10393-PAC Document 76 Filed 12/16/21 Page 5 of 12 Case 1:18-cv-10393-PAC Document 76 Filed 12/16/21 Page 6 of 12 Case 1:18-cv-10393-PAC Document 76 Filed 12/16/21 Page 7 of 12 Case 1:18-cv-10393-PAC Document 76 Filed 12/16/21 Page 8 of 12 Case 1:18-cv-10393-PAC Document 76 Filed 12/16/21 Page 9 of 12 Case 1:18-cv-10393-PAC Document 76 Filed 12/16/21 Page 10 of 12 Case 1:18-cv-10393-PAC Document 76 Filed 12/16/21 Page 11 of 12 Case 1:18-cv-10393-PAC Document 76 Filed 12/16/21 Page 12 of 12 that Nutting affects Pride, at least somewhat, and the Court can dispose of that argument if the PEC raises it after the Nutting appeal. In any event, this Court lacks the power to force the individual plaintiffs to enter consent judgments. See Loe. No. 93, Int'! Ass'n ofFirefighters, AFL C/O C.L.C. v. City of Cleveland, 478 U.S. 501, 522 (1986). Instead, the Court exercises its discretion to stay the remaining initial bellwethers pending in the Nutting appeal, in the interest of efficiently resolving a major issue at the crux of the MDL. CONCLUSION The Court GRANTS Plaintiffs' motion to stay the remaining initial bellwether cases. The cases Pride, No. 18-cv-10649, Goode, No. 19-cv-3504, and Little, No. 18-cv-10393 are STAYED pending the resolution of the appeal in Nutting, No. 19-cv-699. Zimmer and the PEC shall meet and confer before jointly submitting a proposed briefing schedule for a selecting a second round of four bellwether cases in this MDL. That schedule shall be filed by January 3, 2022. The Clerk of Court is directed to close the motion at 18-md-2859, ECF number 496. Dated: New York, New York December 16, 2021 SO ORDERED HONORABLE PAUL A. CROTTY United States District Judge 12
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