Pretrial Order No. 7: Plaintiff Leadership Appointments — Northern District of Florida (Dkt. 239, S.D. Fla.)

Summary

Pretrial Order No. 7 (Plaintiff Leadership Appointments) of the U.S. District Court for the Northern District of Florida in In re: 3M Combat Arms Earplug Products Liability Litigation, Case No. 3:19md2885, done and ordered May 22, 2019 under the name of U.S. District Judge M. Casey Rodgers and entered on April 26, 2021 as Document 239 (8 pages) on the docket of Case 1:21-md-02989-CMA. Noting that the Panel received over 190 applications, the order appoints Bryan F. Aylstock as Lead Counsel, Shelley V. Hutson and Christopher A. Seeger as Co-Lead, and Brian H. Barr and Michael A. Burns as Co-Liaison Counsel, and names an Executive Committee, a Steering Committee and subcommittees. Counsel performing common benefit work must keep contemporaneous time and expense records, and plaintiffs' communications with the Court go through Lead, Co-Lead or Liaison Counsel.

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Date: 2019-05-22

Cite this document

“Pretrial Order No. 7: Plaintiff Leadership Appointments — Northern District of Florida (Dkt. 239).” Original at archive.org, dated 2019-05-22. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2019-05-22-covid-era-misc/, SHA-256 811c24fcc51a00ac1161ec31fd6537a87ee20dc7b32b87d31a1ea9f4e7b28c8c.

Full text

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION

IN RE: 3M COMBAT ARMS Case No. 3:19md2885
EARPLUG PRODUCTS
LIABILITY LITIGATION
Judge M. Casey Rodgers
This Document Relates to All Cases Magistrate Judge Gary R. Jones

PRETRIAL ORDER NO. 7
Plaintiff Leadership Appointments

Having carefully considered the written and oral submissions of plaintiffs’

counsel, together with the factors set forth in the Annotated Manual for Complex

Litigation (4th) § 10.22, the Court hereby appoints the following leadership team to

fairly, effectively, and efficiently represent the interests of all plaintiffs in this

litigation. 1

A. Plaintiff Leadership

1. Lead

Bryan F. Aylstock, Lead Counsel
Aylstock, Witkin, Kreis & Overholtz, PLLC

Shelley V. Hutson, Co-Lead Christopher A. Seeger, Co-Lead
Clark, Love & Hutson, GP Seeger Weiss LLP

1
The Panel greatly appreciates the interest and enthusiasm of all who applied for a leadership
position in this MDL. The final selection decisions were difficult, to say the least. The Panel received
over 190 applications, from highly qualified and committed candidates, all of whom could
undoubtedly perform ably in a leadership role. The Court encourages counsel who are not appointed
to formal roles to meaningfully engage with plaintiff leadership so that the team may draw on your
substantial skills and experience for the common benefit of all plaintiffs in this litigation.
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The Court intends for this three-member group—one lead counsel supported by

two co-lead counsels—to collaboratively lead and coordinate the activities of all

plaintiffs’ attorneys in this litigation and, in consultation with the Executive

Committee, make all decisions—strategic, procedural, and/or substantive—on behalf

of all plaintiffs. In the event of a disagreement, the decision of Lead Counsel will

control.

2. Co-Liaison Counsel

Brian H. Barr Michael A. Burns
Levin, Papantonio, Thomas, Mostyn Law Firm
Mitchell, Rafferty & Proctor, P.A.

3. Executive Committee

Evan D. Buxner Paul Pennock
Gori Julian & Associates, P.C. Weitz & Luxenberg, P.C.

Thomas P. Cartmell Adam Wolfson
Wagstaff & Cartmell LLP Quinn Emanuel Urquhart
& Sullivan, LLP

W. Mark Lanier Genevieve M. Zimmerman
Lanier Law Firm Meshbesher & Spence, Ltd.

Roberto Martinez
Colson Hicks Eidson

The Executive Committee will be chaired by Lead Counsel. Co-Lead Counsel

and Co-Liaison Counsel also serve as members of the Executive Committee.

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4. Steering Committee

David R. Buchanan, Co-Chair Elizabeth M. Burke, Co-Chair
Seeger Weiss LLP Richardson, Patrick, Westbrook
& Brickman, LLC

Virginia E. Anello D. Todd Mathews
Douglas & London, PC Gori Julian & Associates, P.C.

Karen Beyea-Schroeder Douglas C. Monsour
Burnett Law Firm Monsour Law Firm

Katherine L. Cornell Ruth Rizkalla
Pulaski Kherkher, PLLC Kirtland & Packard LLP

Sindhu S. Daniel Michael A. Sacchet
Baron & Budd, P.C. Ciresi Conlin LLP

Bradley D. Honnold Sean P. Tracey
Goza & Honnold, LLC Tracey & Fox Law Firm

K. Rachel Lanier Mikal C. Watts
Lanier Law Firm Watts Guerra LLP

Jennifer R. Liakos
Napoli Shkolnik, PLLC

5. Discovery & ESI Subcommittee 2

David R. Buchanan, Chair
Seeger Weiss LLP

Virginia E. Anello Katherine E. Charonko
Douglas & London, PC Bailey Glasser, LLP

Taylor C. Bartlett J. Nixon Daniel
Henninger Garrison Davis LLC Beggs & Lane, RLLP

2
On further consideration of the leadership structure and the nature of the issues in this
litigation, the Court expanded this subcommittee to encompass both ESI and discovery generally.
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6. Early Vetting Subcommittee

K. Rachel Lanier, Chair
Lanier Law Firm

Elizabeth M. Burke Erin Rogiers
Richardson, Patrick, Westbrook Watts Guerra LLP
& Brickman, LLC

Kenny S. Byrd Sara E. Schramm
Lieff, Cabraser, Heimann Blasingame, Burch, Garrard
& Bernstein, LLP & Ashley, PC

Abby E. McClellan
Stueve Siegel Hanson LLP

7. Law, Briefing & Legal Drafting Subcommittee

Michael A. Sacchet, Chair
Ciresi Conlin LLP

Nicole Berg Andre M. Mura
Keller Lenkner LLC Gibbs Law Group LLP

W. Lewis Garrison, Jr. Neil D. Overholtz
Henninger Garrison Davis LLC Aylstock, Witkin, Kreis &
Overholtz, PLLC

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8. Science & Experts Subcommittee 3

Douglas C. Monsour, Chair
Monsour Law Firm

Gabriel A. Assaad Thomas W. Pirtle
Kennedy Hodges, LLP Laminack, Pirtle & Martines, L.L.P.

Douglass A. Kreis Kimberly W. White
Aylstock, Witkin, Kreis & Wilson Law, P.A.
Overholtz, PLLC

Jonathan D. Orent
Motley Rice LLC

9. Common Benefit Fund Committee

Shelley V. Hutson, Chair
Clark, Love & Hutson, GP

Riley L. Burnett, Jr. Chris T. Hellums
Burnett Law Firm Pittman, Dutton & Hellums

Henry G. Garrard, III
Blasingame, Burch, Garrard
& Ashley, PC

10. Joint Discovery/ESI Committee

David R. Buchanan Katherine E. Charonko
Seeger Weiss LLP Bailey Glasser, LLP

3
On further consideration of the leadership structure and the nature of the issues in this
litigation, the Court concluded that this additional subcommittee would be beneficial.
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11. Joint Armed Services Committee

Karen Beyea-Schroeder Kristian Rasmussen
Burnett Law Firm Cory Watson, P.C.

Gregory C. Graf 4 Edward P. Rowan
Bertram & Graf, LLC Taylor Martino, P.C.

12. Joint Statutes of Limitations Committee

M. Palmer Lambert W. Troy Bouk
Gainsburgh, Benjamin, David, Levin, Papantonio, Thomas,
Meunier & Warshauer, L.L.C. Mitchell, Rafferty & Proctor, P.A.

13. Joint Settlement Committee

Ernest Cory Christopher A. Seeger, Co-Lead
Cory Watson, P.C. Seeger Weiss LLP

Clayton Clark
Clark, Love & Hutson, GP

B. Leadership Structure

The organizational structure for plaintiff leadership established in this Order may

not be modified or expanded, except with prior written approval of the Court. This

includes the formation of additional committees and/or subcommittees. If changes

become necessary as the litigation progresses, plaintiff leadership must so notify the

Court and request a modification of the leadership structure.

4
This appointment is contingent on a personal interview.
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It is intended and expected that the committees and subcommittees established

above will themselves carry out all duties within their sphere of responsibility, as set

forth in Pretrial Order No. 4, ECF No. 76. To the extent a committee or subcommittee

needs additional support with its common benefit work, it may seek the participation

and assistance of non-leadership counsel; however, no common benefit work may be

performed by non-leadership counsel without the prior approval of Lead or Co-Lead

Counsel.

C. Personal Nature of Appointments

All appointments are of a personal nature. Accordingly, each appointee must

assume personal responsibility for the performance of his or her duties as set forth in

Pretrial Order No. 4, ECF No. 76. No other attorneys, including members of an

appointee’s law firm, may substitute for the appointee in the fulfillment of his or her

exclusive duties, except with prior approval of the Court. The Court may add or replace

appointees on their request, on request of the plaintiff leadership team, or on its own

motion, if and as circumstances warrant.

D. Term of Appointments

All appointments are made for a one-year period and will expire on May 22,

2020. Counsel may apply for reappointment when their term expires. A reappointment

application process will be established at an appropriate time in advance of the

expiration date. Applications for reappointment must detail the nature and scope of the

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attorney’s work on this litigation, including the time and resources that he or she

expended during the previous term.

E. Time and Expense Records

All counsel performing common benefit work must keep detailed and

contemporaneous records of their time and expenses devoted to this matter. Those

records must reflect the date a legal service was rendered or an expense incurred, the

nature of the service or expense, and the number of hours spent performing the service

or the amount of the expense.

F. Communications with the Court

All communications from the plaintiffs with the Court must be through Lead

Counsel, Co-Lead Counsel, or Liaison Counsel. If circumstances require direct

correspondence with the Court by individual counsel, copies of any such

communications must simultaneously be served on Lead Counsel and Liaison Counsel.

G. Communications with the Panel

Now that the plaintiff leadership team has been appointed, counsel are free to

contact the Panel Members in connection with this litigation. However, all counsel are

strictly prohibited from communicating with Panel Members, directly or indirectly,

about the leadership appointment process.

DONE and ORDERED, on this 22nd day of May, 2019.
M. Casey Rodgers
M. CASEY RODGERS
UNITED STATES DISTRICT JUDGE
Case No. 3:19md2885/MCR/GRJ

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