[JOINT PROPOSED] PRETRIAL ORDER NO. 15: PLAINTIFF FACT SHEETS, RESPONSIVE DOCUMENTS AND AUTHORIZATIONS

RICHARD SEEBORG, District Judge.

This Order concerns the completion and execution of Plaintiff Fact Sheets, the initial production of documents by Plaintiffs, and the execution of related Authorizations for the release of records. The Parties agree that the use of such discovery devices will assist in furthering the proceedings. Accordingly, each Plaintiff shall prepare and execute Plaintiff Fact Sheet(s), shall produce documents and shall execute Authorizations in accordance with this Order.

1. Scope of Order.

This Order governs the completion and execution of Plaintiff Fact Sheets

("PFS"), initial production of documents, and the execution of Authorizations for the release of records to be completed by Plaintiffs. This Order shall govern the cases: (1) transferred to this Court by the Judicial Panel on Multidistrict Litigation ("JPML"), pursuant to its Order(s) of April 7, 2016 and December 7, 2016; (2) transferred to this Court by the JPML pursuant to Rule 7.4 of the Rules of Procedure of that Panel; or (3) directly filed in this Court, transferred or properly removed to this Court. This Order is binding on all parties and their counsel in all cases currently pending or subsequently made a part of these MDL Proceedings and shall govern each case in the proceedings.

Nothing in the PFS shall be deemed to limit the scope of inquiry at depositions or the admissibility of evidence at trial. The scope of inquiry at depositions shall remain governed by the Federal Rules of Civil Procedure. The admissibility of information provided in responding to the PFS shall be governed by the Federal Rules, and no objections are waived by virtue of any PFS response.

2. Service of PFSs, Responsive Documents and Authorizations.

Each Plaintiff shall complete and serve upon Defendants a PFS, in the form attached as Exhibit 1, the documents requested in Section VIII of the PFS ("the Responsive Documents"), and the relevant Authorizations for the release of records in the forms attached as Exhibits 2-8 ("the Authorizations"). Plaintiffs shall serve the PFSs, the Responsive Documents and the Authorizations, on the schedule set forth in paragraph 5 of this Order, in a manner to be set forth in a subsequent order.

3. Signature of PFS and Amendments by Plaintiff(s).

All responses in a PFS or an amendment thereto are binding on the Plaintiff(s) as if they were contained in responses to interrogatories, and must be supplemented according to Federal Rule of Civil Procedure 26(e). Each PFS and amendment thereto shall be signed and dated by the Plaintiff or, if the Plaintiff is incapacitated, the proper legally appointed Plaintiff representative, under penalty of perjury.

4. Execution and Use of Authorizations.

a. Execution of Authorizations Generally.

Plaintiffs shall either (1) provide individual executed Authorizations for providers and facilities identified in the PFS or (2) date and sign the Authorizations without setting forth the identity of the applicable custodian of the records or provider of care (these are referred to herein as "blank" Authorizations). Plaintiffs who provide individual executed Authorizations for providers and facilities identified in the PFS, instead of blank Authorizations, shall in addition provide to Plaintiffs' counsel, at the time that Plaintiffs' completed PFS is served, blank Authorizations sufficient in number for later potential use as set forth in paragraph 4.c. herein, so that Plaintiffs' counsel may meet the response time obligations set forth in that section.

b. Authorizations to be Provided.

i. Medical Authorizations.

Each individual Plaintiff shall serve originals of the "Limited Authorization to Disclose Health Information" attached as Exhibit 2 for each individual healthcare provider identified in the PFS, or a blank authorization. If a Plaintiff is asserting a claim for psychological injury or has identified a mental health provider or counselor on his or her PFS in response to relevant questions, such Plaintiff shall also complete the Authorization attached as Exhibit 3 for the specific providers identified in the PFS. If a Plaintiff is not asserting a claim for psychological injury, Plaintiff does not need to complete the Authorization attached as Exhibit 3.

ii. Employment Authorizations.

Each individual Plaintiff who has been employed at any time from 10 years prior to melanoma diagnosis to present and is also making a claim for lost wages shall execute the Authorization for the release of employment records, in the form attached as Exhibit 4.

iii. Insurance Authorizations.

Each individual Plaintiff who has had health insurance in the 5 years prior to the diagnosis with melanoma to the present shall execute an Authorization for the release of insurance records, in the form attached as Exhibit 5 for each effective policy. If the Plaintiff has been covered by Medicare at any time during the 5 years prior to the diagnosis with melanoma to the present, Plaintiff shall also complete the Authorization for the release of Medicare records, in the form attached as Exhibit 6.

iv. Workers' Compensation and Disability Authorizations.

If a Plaintiff has filed for workers' compensation or disability benefits, such Plaintiff shall execute the Authorization for the release of workers' compensation records, in the form attached as Exhibit 7, and/or the Authorization for the release of disability records, in the form attached as Exhibit 8, as applicable. If a Plaintiff has not filed for either workers' compensation or disability, that Plaintiff need not complete either Authorization.

v. Obligation to Cooperate by Providing Additional Authorizations.

If a custodian of records who was listed in the PFS, or who was identified to Plaintiff's Counsel pursuant to the procedures set forth in Section 4.c.ii below, will not accept the authorizations Plaintiff has submitted, Plaintiff will cooperate with Defendants and provide the necessary authorization(s) for identified providers and facilities.

c. Defendants' Use of Authorizations.

i. Records Custodians Listed in the PFS.

Defendants may use the provided Authorizations to obtain records from the particular custodians identified on the Authorizations, or from any custodian of records listed in the PFS if a blank Authorization was provided by Plaintiff, without further notice to Plaintiff's counsel.

ii. Records Custodians Not Listed in the PFS.

For any custodian of records not listed in the PFS, Defendants may use the blank Authorizations (if provided by Plaintiff) to obtain records by providing Plaintiffs' Counsel notice of its intent to do so via email fourteen (14) days before sending the Authorization to the custodian of record ("the notice period"). If Plaintiff's counsel fails to object within the notice period, Defendants may use the Authorization to request the records from the source identified in the notice. If Plaintiff's counsel objects to the use of the Authorization to obtain records from the source identified in the notice within the notice period, Plaintiff's counsel and Defendants' counsel shall meet and confer in an attempt to resolve the objection. If counsel are unable to resolve the objection, Plaintiff shall file a motion for a protective order within twenty-eight (28) days of the Defendants' notice of intent to use the Authorization.

For any custodian of records not listed in the PFS, if blank Authorizations have not already been provided by Plaintiff, Defendants may request that Plaintiff's counsel complete an Authorization, either blank or fully executed for the requested custodian, so that Defendants may obtain records from that custodian. Plaintiffs' counsel must provide such authorizations within fourteen (14) days of the written request. If Plaintiffs' counsel objects to the use of the Authorization to obtain records from the source identified in the request, Plaintiffs' counsel must assert that objection within fourteen (14) days. Following the 14-day period, if Plaintiffs' counsel objects or has not responded, Plaintiffs' counsel and Defendants' counsel shall meet and confer in an attempt to resolve the objection. Defendants' counsel shall also notify Plaintiffs' designated PSC fact sheet counsel. If counsel are unable to resolve the objection, or if Plaintiffs' counsel does not respond to Defendants' attempt to meet and confer, Defendants may file a motion to compel Plaintiffs' counsel shall have fourteen (14) days to file any opposition.

d. Production of Records Obtained by Authorizations.

Defendants' counsel shall make records received pursuant to the Authorizations available to Plaintiff's counsel at Plaintiff's request and at cost to Plaintiff, in a manner to be set forth in a subsequent order

5. Deadline for PFSs, Authorizations, and Responsive Documents.

a. Northern District of California Resident Cases Currently in MDL Proceedings.

All Plaintiffs who reside within the Northern District of California and whose cases are currently part of these MDL Proceedings must serve Defendants with PFSs, Responsive Documents and Authorizations within or not later than one hundred twenty (120) days of entry of this order.

b. Remaining Cases Pending in MDL Proceedings.

All Plaintiffs whose cases are currently part of these MDL Proceedings, and who are not included among the Plaintiffs discussed in paragraph a, must serve Defendants with PFSs, Responsive Documents and Authorizations within or not later than one hundred fifty(150) days of entry of this order.

c. Cases Later Made Part of MDL Proceedings.

For any Plaintiff whose case is not currently part of these MDL Proceedings as of the date of this Order, but whose case is later filed in, transferred to, removed to, or reassigned to this Court and thereby made part of these MDL Proceedings, such Plaintiffs must serve Defendants with a complete and verified PFS, Responsive Documents, and completed Authorizations within the following time limits: (1) if Plaintiff's case is filed directly in the Northern District of California, within one hundred twenty (120) days from the date filed; or (2) if Plaintiff's case is filed outside the Northern District of California and later transferred or removed to this Court, within thirty (30) days from the date the short form complaint is filed in this Court.

6. Grace Period for Delinquent Plaintiffs.

Plaintiffs who fail to provide a complete and verified PFS, Responsive Documents, and execute Authorizations within the time periods set forth above shall be given notice by e-mail from Defendants' Counsel of all deficiencies, copying Plaintiffs' designated PSC fact sheet counsel, and shall be given thirty (30) additional days to cure such deficiency.

If a Plaintiff does not cure the deficiency within that period of time, Defendants may move the Court for an Order dismissing such Plaintiff's Complaint without prejudice. Plaintiff shall have thirty (30) days from the date of Defendants' motion to file a response either (1) certifying that Plaintiff has served upon Defendants, and Defendants have received, a completed PFS, and attaching appropriate documentation of receipt, or (2) opposing Defendants' motion. If a Plaintiff timely files such a response, his or her claims shall not be dismissed.

Upon entry of an Order of Dismissal without Prejudice, Plaintiff shall have thirty (30) days to serve Defendants with a completed PFS or move to vacate the dismissal. If Plaintiff fails to serve Defendants with a completed PFS or move to vacate the dismissal within thirty (30) days, the Order will, upon Defendants' motion, be converted into an Order of Dismissal with Prejudice.

7. Additional Discovery Permitted.

Defendants' use of the PFS, Responsive Documents, and Authorizations shall be without prejudice to Defendants' right to serve additional discovery at a later time, to be determined according to this Court's subsequent orders.

SO ORDERED.

EXHIBIT 1

Plaintiff Fact Sheet

EXHIBIT 2

Authorization and Release for Medical Records

Excluding Psychiatric, Psychological and Mental Health Treatment Providers/Notes/Records

EXHIBIT 3

Authorization and Release for Mental Health Records

To be executed ONLY if Plaintiff is asserting a claim for psychological injury or has identified a mental health provider or counselor on his or her PFS in response to relevant questions.

EXHIBIT 4

Authorization and Release of Employment Records

To be executed ONLY for specific Employer(s) for which Plaintiff is making a wage loss claim.

EXHIBIT 5

Authorization and Release for Health Insurance Records

EXHIBIT 6

Authorization and Release for Centers for Medicare and Medicaid

EXHIBIT 7

Authorization and Release for Workers' Compensation Records

To be executed ONLY if you have indicated a worker's compensation claim in the PFS

EXHIBIT 8

Authorization and Release for Disability Claims Records

To be executed ONLY if you have indicated a disability claim in the PFS