BELLWETHER TRIAL SELECTION PROTOCOL

IN THE UNITED STATES DISTRICT COURT

FOR THE [________________________________] DISTRICT OF [________________________________]

MDL No.: [________________________________]

In Re: [________________________________] LITIGATION

Case No.: [________________________________]

Judge: [________________________________]

BELLWETHER TRIAL SELECTION PROTOCOL AND ORDER

The Court, having consulted with Lead Counsel for Plaintiffs and Defendants, hereby adopts the following Bellwether Trial Selection Protocol for the purpose of selecting representative cases for early trial in this multidistrict litigation.

I. PURPOSE OF BELLWETHER TRIALS

A. Objectives

The purposes of conducting bellwether trials in this MDL are to:

1. Test the viability of legal theories and claims;

2. Provide information about the strengths and weaknesses of the parties' positions;

3. Facilitate informed settlement discussions;

4. Develop a trial-ready process and streamline future trials;

5. Allow the Court and parties to evaluate jury reactions to evidence and arguments;

6. Conserve judicial resources and promote efficient resolution of the litigation.

B. Non-Binding Nature

Unless otherwise agreed by the parties, bellwether trial verdicts shall not be binding on any party in any case other than the specific case tried.

II. CASE SELECTION PROCESS

A. Phase 1: Initial Case Pool

1. Plaintiff Selection

Within [____] days of the entry of this Order, Plaintiffs' Lead Counsel shall select [____] cases from the MDL to be included in the Initial Case Pool ("Plaintiff Selections").

Criteria for selection:
☐ Cases shall be representative of the claims in the MDL.
☐ Cases shall include a range of [injury types/damage amounts/factual scenarios].
☐ Cases shall be from diverse geographic regions.
☐ [________________________________]

2. Defendant Selection

Within [____] days of Plaintiffs' selections, Defendants' Lead Counsel shall select [____] cases from the MDL to be included in the Initial Case Pool ("Defendant Selections").

Criteria for selection:
☐ Cases shall be representative of the defenses in the MDL.
☐ Cases shall include a range of [injury types/damage amounts/factual scenarios].
☐ [________________________________]

3. Court Selection (Optional)

The Court may, in its discretion, select [____] additional cases to be included in the Initial Case Pool ("Court Selections").

B. Phase 2: Discovery Pool

1. Selection of Discovery Pool

From the Initial Case Pool, the parties shall jointly select [____] cases for intensive case-specific discovery (the "Discovery Pool").

☐ Plaintiffs shall select [____] cases from the Defendant Selections.
☐ Defendants shall select [____] cases from the Plaintiff Selections.
☐ [The Court shall select [____] cases from the remaining cases.]

2. Substitution

If a case in the Discovery Pool is dismissed, settled, or otherwise becomes unavailable:

☐ The party that originally selected the case shall select a replacement from the Initial Case Pool within [____] days.
☐ [________________________________]

C. Phase 3: Trial Pool

1. Selection of Trial Pool

Following completion of case-specific discovery, the parties shall select [____] cases from the Discovery Pool for trial (the "Trial Pool").

☐ Plaintiffs shall select [____] cases.
☐ Defendants shall select [____] cases.
☐ [The Court shall select [____] cases.]

2. Trial Sequence

The Court shall determine the order in which Trial Pool cases will be tried, considering:

☐ Readiness for trial;
☐ Representative nature of the case;
☐ Availability of witnesses;
☐ Geographic considerations;
☐ [________________________________]

III. CASE INFORMATION SHEETS

A. Submission Requirements

Within [____] days of selection to the Initial Case Pool, counsel for each selected plaintiff shall submit a completed Case Information Sheet ("CIS") containing:

1. Plaintiff Information

☐ Full name, address, and contact information
☐ Date of birth
☐ Social Security Number (filed under seal)
☐ Marital status and dependents
☐ Employment history (past 10 years)
☐ [________________________________]

2. Injury/Damages Information

☐ Description of injuries alleged
☐ Date injuries first manifested
☐ Date of diagnosis
☐ Treating physicians and facilities
☐ Description of treatment received
☐ Current medical status
☐ Economic damages claimed
☐ Non-economic damages claimed
☐ [________________________________]

3. Product/Exposure Information

☐ Identification of specific product(s) at issue
☐ Duration and frequency of use/exposure
☐ Purchase/receipt dates and locations
☐ Manner of use
☐ [________________________________]

4. Medical History

☐ Relevant medical history prior to alleged injury
☐ Pre-existing conditions
☐ Other potential causes of alleged injuries
☐ [________________________________]

5. Litigation History

☐ Prior lawsuits filed by plaintiff
☐ Prior bankruptcy filings
☐ Prior claims against defendant or related parties
☐ [________________________________]

B. Verification

Each CIS shall be signed by the plaintiff under penalty of perjury.

C. Updates

Plaintiffs shall update the CIS within [____] days of any material change in the information provided.

IV. CASE-SPECIFIC DISCOVERY

A. Discovery Schedule

Case-specific discovery in Discovery Pool cases shall proceed according to the following schedule:

B. Discovery Limits

1. Written Discovery

☐ Each side may serve up to [____] interrogatories per Discovery Pool case.
☐ Each side may serve up to [____] requests for production per Discovery Pool case.
☐ Each side may serve up to [____] requests for admission per Discovery Pool case.

2. Depositions

☐ Each side may take up to [____] fact witness depositions per Discovery Pool case.
☐ Each side may take up to [____] expert depositions per Discovery Pool case.
☐ Depositions shall be limited to [____] hours unless otherwise agreed or ordered.

C. Preservation of Objections

All objections preserved in MDL common discovery shall be preserved in case-specific discovery.

V. TRIAL PREPARATION

A. Pretrial Submissions

For each Trial Pool case, the parties shall submit the following:

B. Pretrial Conference

A final pretrial conference shall be held [____] days before each bellwether trial.

VI. TRIAL PROCEDURES

A. Trial Schedule

B. Trial Location

Bellwether trials shall be conducted:

☐ In this Court (transferee district).
☐ In the transferor district where the case was originally filed.
☐ In a location designated by the Court.

C. Trial Structure

☐ Each bellwether trial shall be tried to a jury.
☐ Estimated trial length: [____] days.
☐ Trial days: [Monday-Friday / Monday-Thursday / Other: ________________]
☐ Trial hours: [____] a.m. to [____] p.m.

D. Use of Common Discovery

Common discovery (depositions, documents, expert reports) from MDL proceedings may be used in bellwether trials consistent with the Federal Rules of Civil Procedure and any orders of this Court.

VII. REMAND PROCEDURES

A. Post-Trial Remand

Following completion of bellwether trials, cases remaining in the MDL may be remanded to their respective transferor courts for trial pursuant to 28 U.S.C. § 1407.

B. Remand Recommendations

Within [____] days after the final bellwether verdict, Lead Counsel shall confer and submit recommendations regarding:

☐ Cases appropriate for remand;
☐ Cases appropriate for additional bellwether trials;
☐ Settlement protocols;
☐ Other case management recommendations.

VIII. SETTLEMENT

A. Settlement Discussions

The Court encourages the parties to engage in settlement discussions at all stages of the bellwether process. Nothing in this Order shall preclude settlement of any case at any time.

B. Mediation

The Court may order mediation of Discovery Pool or Trial Pool cases at any appropriate time.

C. Use of Bellwether Results

The parties may use bellwether trial results to inform settlement discussions for non-bellwether cases, but bellwether verdicts shall not be binding precedent for settlement purposes unless agreed by the parties.

IX. MODIFICATIONS

This Protocol may be modified by the Court upon motion of any party or sua sponte, for good cause shown.

X. ADDITIONAL PROVISIONS

A. Cooperation

The parties shall cooperate in good faith in the selection and preparation of bellwether cases.

B. Case Retention

Plaintiffs in bellwether cases shall not settle or dismiss their cases without leave of Court and notice to all parties after selection to the Discovery Pool.

C. Reporting

Lead Counsel shall file status reports every [____] days regarding the progress of bellwether case preparation.

IT IS SO ORDERED.

DATED: [__/__/____]

[________________________________]
United States District Judge

AGREED AND APPROVED:

FOR PLAINTIFFS:

[________________________________]
Plaintiffs' Lead Counsel
Date: [__/__/____]

FOR DEFENDANTS:

[________________________________]
Defendants' Lead Counsel
Date: [__/__/____]

APPENDIX A: BELLWETHER CASE SELECTION TIMELINE

APPENDIX B: CASE INFORMATION SHEET FORM

[Detailed CIS form would be attached here]

This template is for informational purposes only and does not constitute legal advice. Bellwether trial protocols require judicial approval and careful consideration of the specific circumstances of each MDL. Consult with a qualified attorney before using.