United States District Court, W.D. Oklahoma
IN RE SAMSUNG TOP-LOAD WASHING MACHINE MARKETING, SALES PRACTICES AND PRODUCT LIABILITY LITIGATION THIS DOCUMENT RELATES TO ALL CASES
CASE MANAGEMENT ORDER
TIMOTHY D. DeGIUSTI, UNITED STATES DISTRICT JUDGE
The Court, having considered the Proposed Case Management
Orders submitted by the parties and Defendants' Motion
for Entry of Defendants' Proposed Case Management Order
[Doc. No. 71],  hereby orders as follows:
SCOPE OF THIS ORDER
Case Management Order (“CMO”) shall govern the
practice and procedure in all actions transferred to this
Court by the Judicial Panel on Multidistrict Litigation
pursuant to its Orders of October 4, 2017 and October 13,
2017 (collectively, the “MDL Transfer Order”).
This CMO shall also apply to any “tag-along
actions” later filed in, removed to, or transferred to
this MDL Court. A copy of this CMO shall be filed in each
actions in this matter shall be governed by the Federal Rules
of Civil Procedure and the Local Rules for the Western
District of Oklahoma. The provisions of this CMO and any
future CMO, however, shall supersede any inconsistent
provisions of the Court's Local Rules.
cases in this MDL are consolidated for pretrial purposes.
This is not a determination that any of these actions should
be consolidated for trial.
FILING PAPERS WITH THE COURT
filing procedures outlined in the Court's Order [Doc. No.
6], are hereby adopted for the duration of the MDL
proceeding, to wit:
All orders, pleadings, motions, and other documents shall
bear the same caption as this Order. If a document is
generally applicable to all consolidated actions, the caption
shall include the notation that it relates to “ALL
CASES, ” and the Clerk will file and docket the
document only in the master record, No. 17-ml-2792-D. If a
document is intended to apply only to a particular case or
cases, then one case shall be specifically captioned (the
primary or first case, if applicable), and all cases to which
the document applies shall be listed as “Related
Cases” in an appendix to the document, separately
tabbed and made easily identifiable to the Clerk of the
All filings shall be done electronically using the Case
Management/Electronic Case Files system (ECF), in accordance
with the Electronic Filing Policies & Procedure Manual
for the United States District Court for the Western District
of Oklahoma. Service through ECF shall be deemed sufficient
with no additional service required, with the exception of
new Complaints filed and Subpoenas issued, which shall be
done in accordance with the Federal Rules of Civil Procedure.
Questions about filings in this case may be directed to this
Court's MDL clerks:
Mike Bailey (405) 609-5122 email@example.com or
Missy Liston (405) 609-5052 firstname.lastname@example.org
Western District of Oklahoma Office of the Court Clerk
Order [Doc. No. 6], October 13, 2017, at 6-7 (footnote
parties consent to electronic service of any document filed
in this MDL.
parties shall take reasonable steps to preserve documents and
other records (including electronic documents) containing
information potentially relevant to the subject matter of
Unless the Court directs or approves other briefing
schedules, the briefing schedule for all motions filed shall
be as set forth in the Federal Rules of Civil Procedure and
the Local Rules for the Western District of Oklahoma.
parties have an ongoing obligation to meet and confer with
Plaintiffs' Lead Counsel and Defendants' Liaison
Counsel and any other party to whom a motion may be directed
on any application or motion in an effort to resolve
outstanding issues before bringing them to the Court.
on a review of the parties' submissions, the
Defendants' Motion for Entry of Defendant's Proposed
Case Management Order, and the status of the existing
underlying cases in this MDL, the Court determines that a
Master Consolidated Complaint will not substantially further
judicial economy or efficiency, and thus will not be used at
this time.Accordingly, this Order supersedes in part
the Court's previous Order [Doc. No. 65] regarding the
disposition of certain contested issues.
GENERAL PLEADING ISSUES
stay in the following cases is lifted and any existing