IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO

Transcription

1 JOHN BR1CKEL ET AL Plaintiff IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO Case No: CV Judge: STUART A FRIEDMAN UNIVERSITY HOSPITALS AHUJA MEDICAL CENTER ET AL Defendant JOURNAL ENTRY THE JOINT MOTION FOR ADOPTION OF CASE MANAGEMENT ORDER (FILED 06/08/2018 IS GRANTED. ORDER ATTACHED. _ >s>y- Judge Signature Date oo = -< r~ co m O""' 70 > rl o CZ' -< CO 0 rv; cn 06/20/2018 Page 1 of 1

2 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO JOHN and KRISTINE BRICKEL, v. Plaintiffs, UNIVERSITY HOSPITALS AHUJA MEDICAL CENTER, Defendant. CONSOLIDATED CASE NO. CV JUDGE STUART A. FRIEDMAN CASE MANAGEMENT ORDER NO. 1 I. SCOPE OF ORDER This Case Management Order No. 1 shall apply to all pending actions consolidated before this Court by Order of the Administrative Judge John J. Russo on April 23, 2018, as well as all future filed cases in the Cuyahoga County Court of Common Pleas regarding the alleged incident that occurred on or about March 3-4, 2018 at the University Hospitals Fertility Center. II. PLAINTIFF LEADERSHIP The Court has been advised by counsel for Plaintiffs in a majority of the consolidated cases before this Court (the Consensus Plaintiffs that they have met, conferred, and agreed to a Plaintiff Leadership structure which shall govern all common discovery of Defendant and Third Parties and which will be applicable to all consolidated cases: A. Plaintiff Executive Committee: The Plaintiff Executive Committee shall have the authority to control and prosecute all aspects of the consolidated proceedings. This authority shall include, but not be Page 1 of9

3 Bashein & Bashein Co., LPA W. Craig Bashein limited to, the conducting of discovery, filing of consolidated pleadings and motions and responding to motions filed by any defendants. Brenna Manna and Diamond, LLC; Berger Montague, PC Victoria L. Ferrise Jeffrey C. Miller Lawrence J. Lederer Elk & Elk Co., Ltd. James M. Kelley, III Landskroner Grieco Merriman, LLC; McCarthy Lebit Jack Landskroner Thomas Merriman Christian R. Patno Murray and Murray Co., LPA John T. Murray Leslie O. Murray Nurenberg Paris Heller & McCarthy Co., LPA David M. Paris Pamela Pantages David Herman O'Toole, McLaughlin, Dooley & Pecora, Co. Matthew Dooley Ryan Gembala Peiffer Wolf Carr & Kane Adam Wolf Petersen & Petersen Susan Petersen Piscitelli Law Firm Frank E. Piscitelli, Jr. Plevin & Gallucci, LPA Michael Shroge Page 2 of 9

4 Spangenberg, Shibley & Liber LLP Stuart E. Scott Dennis Lansdowne Tzangas Plakas Mannos Ltd. Megan J. Frantz Oldham Lee E. Plakas Edmond J. Mack Maria C. Klutinoty Edwards Weisman Kennedy & Berris, Co., LPA; Haber Polk Kabat LLP Eric Kennedy Daniel P. Goetz Zagrans Law Firm LLC; The Goldberg Law Firm; Karon LLC; Jeffrey R. Wahl Co., L.P.A Eric H. Zagrans B. Plaintiffs Court Liaison Counsel: James M. Kelley, III Elk & Elk Co., Ltd 6105 Parkland Boulevard, Suite 200 Mayfield Heights, Ohio ( Court Liaison Counsel will serve on the Plaintiffs Executive Committee and have the following responsibilities: a. To coordinate all pretrial motions and hearings on behalf of, and for the benefit of, plaintiffs in all actions subject to this order. b. To call meetings of counsel for plaintiffs for any appropriate purpose, including coordinating responses to questions of other parties or of the court; and c. To initiate proposals, suggestions, schedules, or joint briefs, and any other appropriate matters concerning pretrial proceedings. d. To perform any task necessary and proper to accomplish the Plaintiffs Executive Committee responsibilities, including organizing subcommittees or workgroups comprised of plaintiffs counsel and assigning them tasks consistent with the duties of the Plaintiffs Executive Committee; and Page 3 of 9

5 e. To perform such other functions as may be expressly authorized by further orders of this court and/or the Executive Committee. C. Plaintiffs Defense Liaison Counsel: Eric Kennedy 101 W. Prospect Avenue Midland Building, Suite 1600 Cleveland, OH Phone: Defense Liaison Counsel will serve on the Plaintiffs Executive Committee and have the following responsibilities: a. To coordinate negotiation of all global items with defendants concerning this litigation, subject where appropriate to the objections of individual counsel and/or the approval of the court. b. To perform any task necessary and proper to accomplish the Plaintiffs Executive Committee responsibilities, including organizing subcommittees or workgroups comprised of plaintiffs counsel and assigning them tasks consistent with the duties of the Plaintiffs Executive Committee; c. To perform such other functions as may be expressly authorized by further orders of this court and/or the Executive Committee. D. Plaintiffs Discovery Committee: This committee will be responsible to coordinate all pretrial discovery on behalf of, and for the benefit of, plaintiffs in all actions subject to this order; and develop schedules for the commencement, execution, and completion of all discovery on behalf of all plaintiffs in coordination and with the guidance and approval of the Executive Committee. The Plaintiffs Discovery Committee will consist of the following primary contacts along with other members of their respective firms as necessary: Page 4 of 9

6 W. Craig Bashein Tracey Cowan Matthew Dooley Ryan Gembala Steven M. Goldberg Paul Grieco John P. Hurst Michael Shroge Jack Landskroner Thomas Merriman Leslie O. Murray John T. Murray Christian Patno Frank E. Piscitelli, Jr. Susan E. Petersen E. Plaintiffs Law Committee: This committee will be responsible to coordinate all research and drafting of legal memorandum, motions and responses to common defense motions on behalf of, and for the benefit of, plaintiffs in all actions subject to this order; in coordination with and approval by the Executive Committee. The Plaintiffs Law Committee will consist of the following primary contacts along with other members of their respective firms as necessary: James Booker Matthew Dooley Victoria L. Ferrise Lydia Floyd Ryan Gembala Steven M. Goldberg Brendan Heil Beau D. Hollowell Brenda Johnson Daniel L. Karon Dennis Lansdowne Lawrence J. Lederer Jeffrey C. Miller David Paris Joseph Peiffer Barbara Podell Kathleen J. St. John Sherrie R. Savett Stuart E. Scott Jeffrey Wahl Adam Wolf Eric H. Zagrans F. Plaintiffs Science/Expert Committee: This committee will be responsible to coordinate all expert review of pertinent scientific and medical issues on behalf of, and for the benefit of, plaintiffs in all actions subject to this order; in coordination with and approval by the Executive Committee. This committee will retain necessary medical Page 5 of 9

7 experts and, in coordination with the Discovery and Executive Committees, arrange necessary depositions, obtain necessary scientific and medical literature and/or statistical information. The Plaintiffs Science/Expert Committee will consist of the following primary contacts along with other members of their respective firms as necessary: W. Craig Bashein A. Steven Dever Matthew Dooley Frank L. Gallucci, III Ryan Gembala Steven M. Goldberg Paul Grieco Brendan Heil John P. Hurst James M. Kelley, III Jack Landskroner Dennis Lansdowne Thomas Merriman Christian R. Patno Colin R. Ray Stuart E. Scott Michael Shroge Jeffrey Wahl G. Plaintiffs Class Action Committee: This committee will be responsible to coordinate and take all necessary steps to preserve any future right of unrepresented putative class members to bring claims as part of a class action in state or federal court, in coordination with and approval by the Executive Committee. The Plaintiffs Class Action Committee will consist of the following primary contacts along with other members of their respective firms as necessary: W. Craig Bashein Victoria L. Ferrise Lydia Floyd Daniel P. Goetz John P. Hurst Daniel L. Karon Lawrence J. Lederer Jeffrey C. Miller Adam Wolf Eric H. Zagrans Page 6 of 9

8 Notwithstanding the above leadership designations, counsel of record for each individual filed case shall retain responsibility for the preparation and ultimate resolution of each individual case they have filed on behalf of a Plaintiff. III. RESPONSIVE PLEADINGS The Plaintiffs Leadership and counsel for Defendant have met, conferred, and agreed that Defendant will file responsive pleadings to the individual Complaints in each individually filed case on or before the currently pending due date or June 29, 2018, whichever date is later, for cases filed before May 20. For cases filed on or after May 20, Defendant may seek a stipulation to move, plead, or answer pursuant to Local Rule 8(C. IV. FILING PROCEDURES Pursuant to the instructions from the Court, the following filing procedures shall apply: All filings shall be made in the individual cases. A Notice of Filing with a Certificate of Service shall be filed in Brickel, Case No. CV V. DISCOVERY The Plaintiffs Leadership and counsel for Defendant have met, conferred, and agreed that Defendant University Hospitals Cleveland Medical Center will provide responses to the written discovery requests served on University Hospitals Health System, Inc. in Sandra Miller, et al. v. University Hospitals Health System, Inc., et al., Case No. CV , to the extent that these written discovery requests ask for information and documents relevant to all cases. Thereafter, consolidated written discovery requests, to include non-duplicative interrogatories, document requests, and requests for admission, shall be served on Defendant and shall be deemed applicable to all individually filed cases in this consolidated proceeding. Individual counsel of record shall confer with the Plaintiffs Discovery Committee as to requested Page 7 of 9

9 interrogatories, document requests, and requests for admission and shall not file additional separate discovery requests upon Defendant. The discovery served in the following cases shall be deemed withdrawn: Jessica Paul, et al. v. University Hospitals Health System, Inc. (Case No , Sara Fink, et al. v. University Hospitals Health System, Inc. (Case No , Michelle Roman, et al. v. University Hospitals Health System, Inc. (Case No , and Junelyn Smolic, et al. v. University Hospitals Health System, Inc. (Case No Plaintiff Executive Committee and Discovery Committee members will meet and confer with Defendant s counsel to establish a schedule and procedure for service and responses of all written discovery as well as on a deposition protocol, which will include the process for noticing depositions, videotaping of depositions, length of depositions, number of counsel permitted to examine a witness, and the right for defendant to conduct a direct examination at the conclusion of Plaintiffs examinations. VI. PROTECTIVE ORDER The Plaintiff Leadership and counsel for Defendant have met, conferred, and agreed upon a protective order, which the Court adopted and entered as an order governing all currently consolidated cases and all future filed cases in this consolidated proceeding. VII. PRESERVATION ISSUES Each party shall take reasonable steps to preserve documents and other records, including electronic documents, containing information potentially relevant to the subject matter of this consolidated proceeding. Leadership Counsel for Plaintiffs and counsel for Defendant shall meet and confer on an agreed protocol for inspection of the cryotank at issue and the subsequent availability of the tank for further expert review and analysis. Page 8 of 9

10 VIII. PLAINTIFF FACT SHEETS The Plaintiff Leadership and counsel for Defendant have agreed upon the use of a Plaintiff Fact Sheet to be completed and signed by each individual plaintiff and provided to counsel for Defendant in lieu of duplicative written discovery requests on those same issues. In the interest of protecting the medical privacy of each individual Plaintiff, Plaintiff Fact Sheets which have been completed by each individual Plaintiff shall only be served upon counsel for Defendant and should not be served upon all counsel of record in this consolidated proceeding. IX. DEFENDANT FACT SHEET The Plaintiff Leadership and counsel for Defendant will meet and confer on the appropriate categories of information, if any, to be included in a Defendant Fact Sheet for each individual case. X. SCIENCE DAY The Plaintiff Leadership and counsel for Defendant will meet and confer to determine if a hearing to be attended by Counsel and the Court for a background presentation of the medical and scientific issues relating to in vitro fertilization (IVF to assist the Court is necessary and, if so, to outline a recommended a protocol to the Court for such a hearing Judge Stuart A. Friedman On Behalf of Consensus Plaintiffs: On Behalf of Defendant: /s/ James M. Kelley. Ill /s/rita A. Maimbours Page 9 of 9