Mich. Admin. Ord. Administrative Order No. 1993-2
On order of the Court, it appearing that a large number of actions have been filed alleging personal injuries due to silicone gel implant devices, and that coordination of pretrial proceedings in those cases will promote the economical and expeditious resolution of that litigation, pursuant to Const 1963, art 6, ? 4, we direct all state courts to follow the procedures set forth in this administrative order.
1. This order applies to all pending and future personal injury silicone gel implant product liability actions pending or to be filed in Michigan courts other than the Third Judicial Circuit. For the purposes of this order, "silicone gel implant product liability actions" include all cases in which it is alleged that a party has suffered personal injury or economic loss caused by any silicone gel implant, regardless of the theory of recovery. Until the transfer of the action under paragraph 2 of this order, the parties to such an action shall include the words "Implant Case" on the top right-hand corner of the first page of any papers subsequently filed in this action.
2. Each court in which a silicone gel implant product liability action is pending shall enter an order changing venue of the action to the Third Judicial Circuit within 14 days of the date of this order. Upon the filing of a new silicone gel implant product liability action, the court shall enter an order changing venue to the Third Judicial Circuit within 14 days after the action is filed. The court shall send a copy of the order to the State Court Administrator. A party who objects to the transfer of an action under this paragraph may raise the objection by filing a motion in the Third Judicial Circuit. Such a motion must be filed within 14 days after the transfer of the action. Nothing in this order shall be construed as a finding that venue is proper in Wayne County.
3. Proceedings in each action transferred under this order shall be conducted in accordance with the Initial Case Management Order entered in Third Circuit Civil Action Number 93-302061 NP on February 8, 1993, and such further orders as may be entered by the Third Judicial Circuit. The Third Judicial Circuit shall cooperate with the State Court Administrator in monitoring the proceedings in the actions. Orders entered by the court in which the action was originally filed that are inconsistent with orders entered by the Third Judicial Circuit are superseded.
4. After the close of discovery, the Third Judicial Circuit shall conduct a settlement conference or conferences. If settlement is not reached as to all claims, the Third Judicial Circuit shall enter an order changing venue to the court in which the action was originally filed, or if appropriate to some other court, for further proceedings. A copy of the order shall be sent to the State Court Administrator.
5. Depositions taken in In re Silicone Gel Breast Implants Products Liability Litigation (MDL-926), Master File No. CV 92 -P-10000-S (ND Ala) (hereinafter mdl), may be used in any actions governed by Third Judicial Circuit case management orders as provided in this paragraph notwithstanding that they were not taken in these actions. Such depositions may be used against a party in a Michigan state court action who is not also a party in an mdl proceeding only if the party proposing to use the mdl deposition gives written notice of that intention.
The notice shall specifically designate the portions of the mdl deposition to be used and the noticing party must provide a transcript of the testimony being offered and a copy of the videotape of the deposition, if any, to the party against whom the deposition is proposed to be offered. That party may file a motion for further examination of the mdl witness, specifying the subjects as to which further examination is sought. If the motion is granted, the further deposition of the mdl witness may cover only those subjects designated in the order. The judge of the Third Judicial Circuit shall specify the times within which notices and motions under this paragraph may be filed.
6. If discovery proceedings have been conducted in an action prior to a transfer under this order, those discovery materials remain part of the record in the action in which they were produced, and may be used in further proceedings where otherwise appropriate notwithstanding the transfer under this rule. The materials are not part of the record in other cases governed by Third Judicial Circuit case management orders.
7. MCR 2.222, MCR 2.223, and MCR 2.224 do not apply to changes of venue pursuant to this order.
Mich. Admin. Ord. Administrative Order No. 1993-2