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Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability | Minnesota
Declaration in Opposition to Motion
DECLARATION of Clifford Walston in Opposition to 3495 MOTION to Dismiss/General for Failure to Comply with Court Orders or Federal Rule of Civil Procedure 41(B) filed by Patricia Crawford, James Starner, Clayton Strange, Richard Stratton, Sharon Strauch, Mary Straumfjord, Sheldon Strauss, Joseph Straussner, Luther Strayer, Henry Taylor. (Attachments: # 1 Exhibit(s) Ex A Taylor PFS, # 2 Exhibit(s) Ex B Crawford PFS, # 3 Exhibit(s) Ex C Starner PFS)(Walston, Clifford)
Order/Notice to Attorney
(Text-Only) ORDER/NOTICE TO ATTORNEY.(Text-Only) ORDER. This matter is before the Court at 7:00 P.M. on Thursday, July 16, the day before a deposition of an expert witness is scheduled to be taken. The Court has received and reviewed letters from plaintiffs' leadership, letters from individual lawyers representing individual plaintiffs in the MDL, and letters from counsel for 3M. The Court understands the following facts. Dr. Williams is a general causation expert, whose deposition has not been taken in any case within the MDL or in the MDL generally. At a minimum, however, members of plaintiffs' leadership cross-examined him at trial in the Kelso matter. Dr. Williams is not offering any case specific opinions in any individual case within the MDL. The Court further understands that Dr. Williams's deposition has now been noticed in the Bernard matter, 24-cv-3322. In response to this notice, 3M has cross-noticed Dr. Williams's deposition for all or mostly all individual cases in the current wave of cases being worked up for remand and trial.Based upon this understanding, the Court orders that Dr. Williams's deposition will be taken in the Bernard matter but may also be used, in accordance with the Rules of Civil Procedure, in any wave three case. The cross notices will not be quashed. During this deposition, Dr. Williams will be subject to examination by one lawyer from plaintiffs' leadership group and by Attorney Jeffrey DeCarlo. If the deposition needs to be rescheduled to accommodate the attendance of any of plaintiffs' leadership, the parties shall cooperate to find a mutually agreeable date. This deposition may last no more than a total of eight hours. Dr. Williams may not be noticed for further deposition in any of the wave three cases unless he discloses new or case-specific opinions. Ordered by Magistrate Judge David T. Schultz on 7/16/2026.(ALS)
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