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SUPPLEMENTAL NOTICE OF HEARING SESSION re: pldg. (21 in CAN/3:20-cv-03697, 21 in… — Agent Fee Litigation (Dkt. 48)
Summary
A Supplemental Notice of Hearing Session issued by the United States Judicial Panel on Multidistrict Litigation, filed July 14, 2020 as Document 48 in MDL No. 2954. It gives notice regarding the July 30, 2020 hearing session under 28 U.S.C. § 1407 and states that oral argument will be heard by videoconference using Zoom in morning and afternoon sessions. The notice lists the dockets in order, including MDL No. 2950 (PPP Agent Fees Litigation), MDL No. 2944 (JPMorgan Chase), MDL No. 2952 (Bank of America) and MDL No. 2954 (Wells Fargo) in the afternoon session. It sets out procedures for live audio access, transcripts, argument time allocation, preparation sessions during the week of July 20, 2020, and a July 17, 2020 deadline for Notices of Substitution. The three-page notice is signed for the Panel by the Clerk of the Panel, John W. Nichols.
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Case MDL No. 2954 Document 48 Filed 07/14/20 Page 1 of 3
UNITED STATES JUDICIAL PANEL
on
MULTIDISTRICT LITIGATION
SUPPLEMENTAL NOTICE OF HEARING SESSION
Pursuant to the order of the United States Judicial Panel on Multidistrict Litigation filed on June 26,
2020, supplemental notice is hereby given regarding the July 30, 2020, hearing session scheduled
to consider various matters under 28 U.S.C. § 1407.
ORAL ARGUMENT:
• THE PANEL WILL HEAR ORAL ARGUMENT BY VIDEOCONFERENCE
USING THE ZOOM MEETING APP. Oral argument will be conducted in
morning and afternoon sessions.
• Oral argument in the morning session will begin at 9:30 a.m. (All times are Eastern
Daylight Time.) The Panel will hear argument in the following dockets, in the
following order, at this session:
MDL NO. 2942 – IN RE: COVID-19 BUSINESS INTERRUPTION
PROTECTION INSURANCE LITIGATION
MDL NO. 2945 – IN RE: AHERN RENTALS, INC., TRADE SECRET
LITIGATION
MDL NO. 2946 – IN RE: INCLUSIVE ACCESS COURSE MATERIALS
ANTITRUST LITIGATION
MDL NO. 2947 – IN RE: LOWE’S COMPANIES, INC., FAIR LABOR
STANDARDS ACT (FLSA) AND WAGE AND HOUR LITIGATION
MDL NO. 2948 – IN RE: TIKTOK, INC., CONSUMER PRIVACY
LITIGATION
• Oral argument in the afternoon session will begin at 1:00 p.m. The Panel will hear
argument in any docket scheduled for the morning session that was not able to be
completed at that session. The Panel then will hear argument in the following
dockets, in the following order:
MDL NO. 2949 – IN RE: PROFEMUR HIP IMPLANT PRODUCTS
LIABILITY LITIGATION
Case MDL No. 2954 Document 48 Filed 07/14/20 Page 2 of 3
MDL NO. 2951 – IN RE: SECONDARY TICKET MARKET REFUND
LITIGATION
MDL NO. 2953 – IN RE: COVIDIEN HERNIA MESH PRODUCTS
LIABILITY LITIGATION
MDL NO. 2950 – IN RE: PAYCHECK PROTECTION PROGRAM (PPP)
AGENT FEES LITIGATION
MDL NO. 2944 – IN RE: JPMORGAN CHASE PAYCHECK
PROTECTION PROGRAM LITIGATION
MDL NO. 2952 – IN RE: BANK OF AMERICA PAYCHECK
PROTECTION PROGRAM LITIGATION
MDL NO. 2954 – IN RE: WELLS FARGO PAYCHECK PROTECTION
PROGRAM LITIGATION
• The use of videoconference technology for presentation of oral argument is not
normal Panel practice. In light of the ongoing COVID-19 pandemic, the Panel and
Panel staff are making the time and resource intensive arrangements necessary to
conduct a virtual hearing in an efficient and effective manner. The Panel plans to
return to its practice of in-person hearings when it becomes practicable to do so. To
ensure the manageability of the Zoom hearing, only counsel presenting oral
argument will be provided access to the videoconference during the designated
time[s]. Counsel presenting oral argument at the afternoon session should not sign
into the morning session. Likewise, counsel presenting argument at the morning
session should not sign into the afternoon session, unless counsel is presenting
argument in a docket that has been continued from the morning session.
• A transcript of the oral argument will be filed in each docket when it becomes
available. Parties who wish to order a transcript may do so by completing a transcript
request form at https://www.dcd.uscourts.gov/content/request-transcript and selecting
Sara Wick as the court reporter.
• Non-arguing counsel, members of the press, and the general public may access
live audio of the oral argument by dialing (877) 411-9748 and using access code
1892547. All participants on the conference call will be muted and should not
attempt to unmute themselves. Participants should be aware that the conference call
will not be connected to the Zoom hearing until oral argument begins, which may not
occur precisely at the scheduled time. Participants will hear silence until connected
to the Zoom hearing. If there is a technical issue and the conference call is
disconnected, Panel staff will attempt to reinitiate the conference call promptly. If
this occurs, participants should dial back into the conference call.
• All recording of the Hearing Session is prohibited.
Case MDL No. 2954 Document 48 Filed 07/14/20 Page 3 of 3
• The Panel has allocated argument times for the dockets listed above for oral
argument. Counsel who submitted a Notice of Presentation or Waiver of Oral
Argument and indicated an intent to present oral argument do not automatically
receive argument time. Per Panel practice, argument time will be allocated to avoid
multiple counsel presenting argument advocating a common position.
• All counsel who are allocated argument time will be required to attend one of
several Zoom oral argument preparation sessions that the Panel staff will
conduct during the week of July 20, 2020. The purpose of these sessions is to:
(a) ensure that counsel are technologically prepared to participate in the
videoconference; (b) inform counsel how the Panel intends to conduct oral argument;
and (c) inform counsel of the procedures and protocols they will be expected to
follow during the videoconference.
• Panel staff will email counsel who filed a Notice of Presentation or Waiver of Oral
Argument and indicated an intent to present oral argument: (a) the dates and times
of the Zoom oral argument preparation sessions; (b) login information for those
sessions; (c) additional information regarding the conduct of oral argument during
the videoconference; and (d) the Panel’s allocation of argument times.
• If counsel wish to make a substitution, either as to counsel designated to argue on
behalf of a particular party or with respect to a position advocated by multiple parties,
counsel must file a Notice of Substitution no later than July 17, 2020. After that
date, no substitutions will be permitted absent extraordinary circumstances.
FOR THE PANEL:
John W. Nichols
Clerk of the Panel
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