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In re Samsung Top-Load Washing Machine Marketing, Sales Practices and Product LiabilitY Litigation

United States District Court, W.D. Oklahoma

March 12, 2018

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

         Order 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], [1] hereby orders as follows:

         I. SCOPE OF THIS ORDER

         This 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 such case.[2]

         All 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.

         II. PRETRIAL CONSOLIDATION

         All cases in this MDL are consolidated for pretrial purposes. This is not a determination that any of these actions should be consolidated for trial.

         III. FILING PAPERS WITH THE COURT

         The 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 Court.
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 mikebailey@okwd.uscourts.gov or Missy Liston (405) 609-5052 missyliston@okwd.uscourts.gov Western District of Oklahoma Office of the Court Clerk

Order [Doc. No. 6], October 13, 2017, at 6-7 (footnote omitted).

         IV. GENERAL PROVISIONS

         1. All parties consent to electronic service of any document filed in this MDL.

         2. All parties shall take reasonable steps to preserve documents and other records (including electronic documents) containing information potentially relevant to the subject matter of this litigation.

         3. 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.

         4. All 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.

         V. MASTER PLEADINGS

         Based 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.[3]Accordingly, this Order supersedes in part the Court's previous Order [Doc. No. 65] regarding the disposition of certain contested issues.

         VI. GENERAL PLEADING ISSUES

         1. The stay in the following cases is lifted and any existing ...


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