Track 2 Discovery Pool Set For Camp Lejeune Water Litigation
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
7:23-CV-897
INRE: )
)
CAMP LEJEUNE WATER LITIGATION ) TRACK 2 DISCOVERY PLAN ORDER
) (CASE MANAGEMENT ORDER NO. 9)
This Document Relates to: )
ALL CASES )
Pursuant to this court's inherent powers, the Federal Rules of Civil Procedure 1,
16(c)(2)(L), 42(a)(3), and Case Management Order No. 2 ("CMO 2") [D.E. 23], the court hereby
enters the Track 2 Discovery Plan Order (Case Management Order No. 9). See Fed. R. Civ. P. 1,
16(c)(2)(L), 42(a)(3). Pursuant to CMO 2 [D.E. 23] XI.B.~ the parties submitted competing
proposals for consolidated Track 2 discovery. See [D.E. 56]; [D.E. 58]. The court has considered
the parties' submissions and supporting documentation.
The court recognizes the efficiency gained from a "track" discovery approach in this
litigation:
Staging discovery and trials by ''tracks" of illnesses is the most efficient way to
advance the [Camp Lejeune Justice Act ("CLJA")] litigation and support a global
resolution of CLJA claims. The staging approach in this Order comports with the
Federal Rules of Civil Procedure and this Court's inherent powers. See, e.g., Link,
370 U.S. at 630-31; Fed. R. Civ. P. l, 16(c)(2)(L), 42(a)(3). The staging approach
also recog11-izes that this Court has four United States District Judges and a heavy
docket of CLJA and non-CLJA actions.
[D.E. 23] Xl. 1
The Discovery Pool for Track 2 shall include Plaintiffs alleging: (I) prostate cancer; (2)
kidney disease; (3) lung cancer; (4) liver cancer; or (5) breast cancer ("Track 2 Illnesses"). This
1
The parties are currently proceeding with consolidated Track l discovery. [D.E. 130].
Case 7:23-cv-00897-RJ Document 144 Filed 02/26/24 Page 1 of 2
selection does not assess the merits of these or other CLJA actions. Rather, the selection focuses
on illnesses for which early trials may help to promote early resolution for common illnesses. The
parties are ordered to submit, either jointly or separately, a proposed discovery plan for the Track
2 Illnesses within 10 days of this order.
SO ORDERED. This2'.~y of February, 2024.
' ~ C 114,.s !- z : ~ IJ~
RICHARD E. MYERS II
Chief United States District Judge United States District Judge
~-1./:~
LOUISE W. FLANAGAN
United States District Judge United States District Judge
2
Case 7:23-cv-00897-RJ Document 144 Filed 02/26/24 Page 2 of 2
