On December 16, 2010, counsel attended a Case Management Conference before Judge Martinotti in Bergen County Superior Court in Hackensack, New Jersey. It was agreed that counsel will continue to work together to depose, or question, the necessary witnesses from defendant Bayer Corporation, both domestically and internationally. Additionally, plaintiffs were granted authority to file a motion with the Court, seeking to compel the production of foreign personnel files from employees noticed for deposition, which the defendants argue is prohibited under German law. The motion is expected to be heard in early 2011.
The next Case Management Conference is currently scheduled for February 3, 2011. At that time, counsel is hopeful that we can construct a time-line to identify the bellwether cases, as already done in the Federal MDL, and move toward scheduling trial dates.