{"id":3437,"date":"2023-07-26T04:41:01","date_gmt":"2023-07-26T04:41:01","guid":{"rendered":"https:\/\/lawsuitlegit.com\/?p=3437"},"modified":"2023-09-05T23:47:41","modified_gmt":"2023-09-05T23:47:41","slug":"camp-lejeune-leadership-counsel-appointments-order","status":"publish","type":"post","link":"https:\/\/lawsuitlegit.com\/camp-lejeune-leadership-counsel-appointments-order\/","title":{"rendered":"These Lawyers Are Leading The Camp Lejeune Lawsuits (as ordered by the district judges)"},"content":{"rendered":"
(This was extracted via OCR from the pdf, you can find the original order here.)<\/a><\/pre>\n
 <\/p>\n
IN THE UNITED STATES DISTRICT COURT\r\nFOR THE EASTERN DISTRICT OF NORTH CAROLINA\r\nSOUTHERN DIVISION\r\nNo. 7:23-CV-897\r\n\r\nIN RE:\r\n\r\nCAMP LEJEUNE WATER LITIGATION ORDER\r\n\r\n\r\nThe Court has carefully considered the written submissions of numerous, well-qualified\r\nplaintiffs\u2019 counsel and has conducted interviews. The Court commends all applicants for their\r\ndedication to their clients and this litigation (\u201cLitigation\u201d). The Court also commends the\r\ncollegiality and commitment to civility that the applications demonstrate, particularly those where\r\ncounsel were able to join together for the benefit of all claimants. The Court appreciates the scope\r\nand scale of the Litigation and the significant commitment it will require.\r\n\r\nThe Court hereby appoints the following leadership group to fairly, effectively, and\r\n\r\nefficiently represent the interests of all plaintiffs before this Court.\r\n\r\nLead Counsel: J. Edward Bell I, Bell Legal Group\r\n\r\nCo-Lead Counsel & Government\r\n\r\nLiaison: Zina Bash, Keller Postman LLC\r\n\r\nCo-Lead Counsel: Elizabeth Cabraser, Lieff Cabraser Heimann &\r\nBernstein, LLP\r\n\r\nMichael Dowling, The Dowling Firm PLLC\r\nRobin Greenwald, Weitz & Luxenberg, P.C.\r\nJames A. Roberts, III, Lewis & Roberts, PLLC\r\nMona Lisa Wallace, Wallace & Graham, P.A.\r\n\r\nLiaison Counsel: Charles Ellis, Ward and Smith, P.A.\r\nHugh R. Overholt, Ward and Smith, P.A.\r\n\r\nCase 7:23-cv-00897-RJ Document 10 Filed 07\/19\/23 Page 1 of 10\r\n\fLead and Co-Lead Counsel\r\nIt shall be the responsibility of Lead and Co-Lead Counsel to provide direction, oversight,\r\n\r\nand coordination of the responsibilities of the Plaintiffs\u2019 Executive and Steering Committees. Lead\r\n\r\nand Co-Lead Counsel are charged with formulating (in consultation with the Executive Committee)\r\nand presenting positions on substantive and procedural issues during the Litigation and directing any\r\nwork on the Litigation.\r\n\r\nThe Court intends for this seven-person group, one Lead Counsel and six Co-Lead Counsel,\r\none of whom will continue to serve as the group\u2019s Government Liaison, to collaboratively lead and\r\ncoordinate the activities ofall plaintiffs\u2019 attorneys in this Litigation. In consultation with the Liaison\r\nCounsel and the Executive Committee, Lead Counsel and six Co-Lead Counsel will make all\r\ndecisions\u2014strategic, procedural, and substantive\u2014on behalf of all plaintiffs. In the event of a\r\ndisagreement that cannot be resolved by the Lead Counsel and the six Co-Lead Counsel, a majority\r\nof the seven leaders (i.e., one Lead Counsel and six Co-Lead Counsel) will resolve the issue.\r\n\r\nThe duties of Lead and Co-Lead Counsel, and as delegated by such to the Executive or\r\nSteering Committees, include but are not limited to the following:\r\n\r\n1. Call meetings of counsel for plaintiffs for any appropriate purpose;\r\n\r\n2. Along with Liaison Counsel, serve as spokespersons for all plaintiffs during proceedings in\r\nresponse to any inquiries by the Court or opposing counsel, subject to the right of any\r\nplaintiffs counsel to present any non-repetitive positions that uniquely affect an individual\r\nplaintiff, so long as the presentation does not unduly delay the proceedings;\r\n\r\n3: Assign counsel to assist with the litigation to each of the subcommittees designated below\r\n\r\nas well as develop and staff any other subcommittees that become necessary;\r\n\r\n\r\nMake or submit, along with Liaison Counsel, any oral or written motions to the Court on\r\nbehalf of plaintiffs, as well as oppose, when necessary, any motions submitted by the United\r\nStates involving matters within Lead and Co-Lead Counsel\u2019s sphere of responsibilities\r\n(except as to matters specifically directed to individual plaintiffs and their counsel);\r\nNegotiate and enter into stipulations with the United States regarding the Litigation. All\r\nstipulations entered into by Lead and Co-Lead Counsel, except for strictly administrative\r\ndetails such as scheduling, must be submitted for Court approval and will not be binding\r\nuntil the Court has ratified the stipulation;\r\n\r\nInitiate, coordinate, and conduct the requisite meet and confers with the United States and\r\nconfer with the United States regarding procedural matters;\r\n\r\nConvene meetings of the Executive Committee for the purpose of proposing joint action and\r\ndiscussing and resolving matters of concern;\r\n\r\nMonitor the activities of counsel working at the direction of Lead Counsel or Co-Lead\r\nCounsel to ensure that schedules are met and unnecessary expenditures of time and funds are\r\navoided;\r\n\r\nCheatuct reasonable scientific inquiries, studies, or other research necessary to determine if\r\nplaintiffs\u2019 illnesses are related to their exposure to water at Camp Lejeune;\r\n\r\nExplore, develop, and pursue all settlement options;\r\n\r\nAttend status and case management conferences;\r\n\r\nOversee common benefit matters;\r\n\r\nDirect the work of Plaintiffs\u2019 Executive Committee and Plaintiffs\u2019 Steering Committee, all\r\n\r\nsubcommittees, and any individuals contributing to the Litigation on behalf of claimants;\r\n\r\n\f14. Make strategic decisions with regard to the Litigation and resolution process;\r\n\r\n15. Ensure that plaintiffs\u2019 counsel follow court orders, meet all deadlines, pursue the Litigation\r\nconsistent with Federal Rule of Civil Procedure 1, conduct discovery consistent with Federal\r\nRule of Civil Procedure 26, avoid unnecessary expenditures of time and funds, and engage\r\nin any negotiations efficiently and effectively;\r\n\r\n16. Perform any task necessary to properly coordinate plaintiffs\u2019 activities;\r\n\r\n17. Perform any other functions as may be expressly authorized or required by this Court;\r\n\r\n18. With respect to the Government Liaison, serve as the point person for discussions with the\r\ngovernment, including on issues relating to the Navy\u2019s intake and settlement process,\r\nestablishment of an efficient case-management system, and construction of a global database.\r\n\r\nLiaison Counsel\r\nLiaison Counsel will have the following responsibilities:\r\n\r\n1. Serve as the point of contact between the Court and the plaintiffs\u2019 leadership;\r\n\r\na Assist Lead and Co-Lead Counsel as directed in promoting a just and efficient litigation\r\nprocess;\r\n\r\n3. Attend status and case management conferences;\r\n\r\n4, Keep pro se litigants apprised of the status and progress of the Litigation;\r\n\r\n5; Provide periodic reports to plaintiffs\u2019 counsel who are not on Plaintiffs\u2019 Executive\r\nCommittee or Plaintiffs\u2019 Steering Committee concerning the status of the Litigation on no\r\nless than a quarterly basis;\r\n\r\n6. Maintain and distribute an up-to-date, comprehensive service list of all plaintiffs\u2019 attorneys\r\n\r\ninvolved in this Litigation, and promptly advise the Court of any changes;\r\n\r\n\f7. Ensure that all Orders entered by this Court and all papers filed by the United States are\r\ntimely distributed to all plaintiffs\u2019 attorneys with cases before the Court and not before the\r\nCourt, to the extent reasonably practicable;\r\n\r\n8. Receive and distribute to plaintiffs\u2019 counsel, as appropriate, correspondence and pleadings\r\nnot filed through CM\/ECF;\r\n\r\n9. Maintain adequate files of all matters, including establishing and maintaining a document\r\nor exhibit depository, and, under reasonable terms and conditions, have those documents\r\navailable for examination by all plaintiffs or their attorneys; and\r\n\r\n10. Perform any other administrative functions as may be expressly authorized or required by\r\nthis Court.\r\n\r\nPlaintiffs\u2019 Executive Committee\r\nThe Plaintiffs\u2019 Executive Committee will be chaired by Lead Counsel and Co-Lead Counsel.\r\n\r\nLead Counsel and Co-Lead Counsel shall determine the members of the Executive Committee by\r\n\r\na majority vote of the Lead Counsel and Co-Lead Counsel. Lead Counsel and Co-Lead Counsel\r\n\r\nshall notify the Court not later than July 31, 2023, who the members of the Executive Committee\r\n\r\nare.\r\n\r\nThe Executive Committee will assist and advise Lead Counsel and Co-Lead Counsel in the\r\nundertaking of coordinating and conducting these proceedings. The Executive Committee is charged\r\nwith forming and populating subcommittees to carry out a comprehensive Litigation plan and ensure\r\noversight, accountability, and coordination. The subcommittees shall include a Plaintiff\r\nCriteria\/Bellwether Committee; Government Liaison Committee; Database Development\r\nCommittee; Resolution Committee; Science and Experts Committee; Administrative and Common\r\nBenefit Committee; Law and Briefing Committee; and Discovery and ESI Committee.\r\n\r\n\r\n\fJames A. Roberts, III of Lewis & Roberts, PLLC will chair the Administrative and Common\r\nBenefit Committee. Joseph F. Rice of Motley Rice LLC shall be a member of the Resolution\r\nCommittee. Additional subcommittees may be added by majority vote of Lead Counsel and Co-\r\nLead Counsel.\r\n\r\nThe Executive Committee will have the following responsibilities:\r\n\r\nLy Coordinate and oversee the activities of plaintiffs\u2019 counsel during this Litigation, as well as\r\nmonitor and ensure that work conducted by plaintiffs\u2019 counsel is reasonably necessary and\r\navoids unnecessary costs and duplication of effort;\r\n\r\n2. Determine (after consultation with the Steering Committee and other plaintiffs\u2019 counsel, as\r\nappropriate) plaintiffs\u2019 position on all matters not solely related to an individual plaintiff;\r\n\r\n3; Coordinate discovery on behalf of plaintiffs, consistent with the requirements of Federal Rule\r\nof Civil Procedure 26, and in conjunction with the Steering Committee and the Discovery\r\nand ESI Committee;\r\n\r\n4, Identify witnesses to be noticed for deposition, schedule witness depositions, and determine\r\nthe lead examiner(s) for each noticed deposition;\r\n\r\n5. Consult with and employ expert witnesses in conjunction with the Science Committee;\r\n\r\n6. Maintain a public website, with an address communicated to all parties, for the purpose of\r\nposting orders, schedules, and other basic public information so that all interested persons\r\nmay keep themselves apprised of the status and progress of the litigation;\r\n\r\n7. Delegate specific tasks to other counsel or designated committees, in a manner that ensures\r\nthat tasks are conducted effectively, efficiently, and economically;\r\n\r\n8. Maintain adequate time and disbursement records covering common benefit work of\r\ndesignated counsel and establish guidelines, for approval by the Court as to the keeping of\r\n\r\n\ftime records and expenses; and\r\n9. Perform any other task deemed necessary and proper for the Executive Committee to\r\naccomplish its responsibilities as defined by the Court\u2019s orders, including organizing\r\nsubcommittees made up of plaintiffs\u2019 attorneys not in the appointed leadership group and\r\nassigning them tasks consistent with the duties and obligations of the Executive and Steering\r\nCommittees.\r\nPlaintiffs\u2019 Steering Committee\r\nThe Steering Committee will be chaired by Lead Counsel and Co-Lead Counsel. Lead\r\nCounsel and Co-Lead Counsel shall determine the members of the Steering Committee by majority\r\nvote. Lead Counsel and Co-Lead Counsel shall notify the Court not later than July 31, 2023, who\r\nthe members of the Steering Committee are.\r\nMembers of the Executive Committee also serve as members of the Steering Committee.\r\nThe Steering Committee will, in part, populate the established subcommittees and, at the direction\r\nand with the permission of Lead and Co-Lead Counsel, assist in guiding the work of said\r\nsubcommittees to efficiently advance the Litigation. At the request and under the supervision of the\r\nExecutive Committee, the Steering Committee will have the following responsibilities:\r\n1. Initiate, coordinate, and conduct all discovery on behalf of and for the benefit of all plaintiffs\r\nin this Litigation;\r\nze Initiate proposals, suggestions, schedules, or joint briefs, and any other appropriate matter(s)\r\nas directed by Lead or Co-Lead Counsel;\r\n3. Develop and propose schedules for the initiation, conduct, and completion of all discovery\r\non behalf of all plaintiffs, together with the Discovery and ESI Committee;\r\n4. Develop and propose procedures for the screening of plaintiffs for bellwether selection;\r\n\r\n\f5. Develop and propose scientific methodologies for plaintiff-harm evaluation;\r\n\r\n6. Assemble and prepare \u201ctrial packages\u201d that can be used in all cases;\r\n\r\n7, Develop and propose resolution strategies.\r\n\r\n8. Cause to be issued in the name of all plaintiffs the necessary discovery requests, motions, and\r\nsubpoenas pertaining to any witnesses and documents needed to properly prepare for the\r\ndiscovery of relevant issues in this Litigation;\r\n\r\n9. Submit any motions to the Court on behalf of all plaintiffs including, as necessary, any\r\noppositions to motions submitted by the United States, as directed by Lead or Co-Lead\r\nCounsel.\r\n\r\n10. Schedule meetings of plaintiffs\u2019 counsel for any appropriate purpose, including coordinating\r\nresponses to questions of other parties or of the Court; and\r\n\r\n11. Perform any other task deemed necessary and proper for the Steering Committee to\r\naccomplish its responsibilities as defined by the Court\u2019s orders.\r\n\r\nNo common work in this Litigation will be undertaken by the Executive or Steering\r\nCommittee except at the direction, or with permission, of the majority vote of Lead Counsel and Co-\r\nLead Counsel. No pleadings or other papers shall be filed, or discovery conducted on issues\r\ncommon to all plaintiffs except as authorized and signed by majority vote of Lead Counsel and Co-\r\nLead Counsel.\r\n\r\nAll appointments are of a personal nature. Accordingly, each appointee must assume\r\npersonal responsibility for the performance of his or her duties. No other attorneys, including\r\n\r\nmembers of an appointee\u2019s law firm, may substitute for an appointee in the fulfillment of his or her\r\n\r\n\fexclusive duties, except with prior approval of majority vote of the Lead Counsel and Co-Lead Counsel.\r\n\r\nLead Counsel, in consultation with Co-Lead Counsel, may add attorneys not named as Lead\r\nCounsel, Co-Lead Counsel, Executive Committee members, or Steering Committee members, to\r\nserve in established subcommittees, to the extent deemed necessary by Lead Counsel in consultation\r\nwith Co-Lead Counsel; however, any such attorneys shall not be considered to be Lead Counsel, Co-\r\nLead Counsel, or members of the Executive Committee or Steering Committee. The Court may add\r\nor replace appointees on request of the plaintiffs\u2019 leadership team, or on its own motion, if and as\r\ncircumstances warrant.\r\n\r\nAll appointments are made for a one-year period and will expire on July 31, 2024. Counsel\r\nmay apply for reappointment when their terms expire. A reappointment process will be established\r\nat an appropriate time in advance of the expiration date. Application for reappointment must detail\r\nthe nature and scope of the attorney\u2019s work on this Litigation, including the time and resources that\r\nhe or she expended during the previous term.\r\n\r\nAll counsel performing work for the common benefit of all plaintiffs must keep detailed and\r\ncontemporaneous records of their time and expenses devoted to this matter. Those records must\r\nreflect the date any legal service was rendered or expense incurred, the nature of the service or\r\nexpense, and the amount of time spent performing the service or the amount of the expense.\r\n\r\nThe Court is mindful that counsel within the appointed leadership group will be funding\r\nmuch of the common benefit effort and that each of the counsel within the appointed leadership\r\ngroup have committed that they are both willing and able to advance funding for the common\r\nLitigation, as determined necessary by Lead and Co-Lead Counsel. The failure of any member of\r\nthe appointed leadership group to meet any of the advanced funding obligations as determined by\r\nLead and Co-Lead Counsel may constitute good cause for removal from the leadership group.\r\n \r\n\r\nAll attorneys carrying out common benefit work who, if found appropriate by the Court, may _\r\nlook to any common fund or agreement for reimbursement or compensation shall maintain and _\r\ntimely submit time and expense records in accordance with guidelines to be set by the Court in a\r\nsubsequent Order. All requests or applications for reimbursement or compensation shall be subject\r\nto the approval of the Court.\r\n\r\nAll communications from plaintiffs with the Court must be through Lead Counsel, Co-Lead\r\nCounsel, or Liaison Counsel as to issues that are common to all plaintiffs. Each plaintiff's individual\r\ncounsel shall continue to be responsible for each individual plaintiff's case. If circumstances require\r\ndirect correspondence with the Court by individual counsel, copies of any such communications\r\nmust simultaneously be served on Lead Counsel, Co-Lead Counsel, and Liaison Counsel.\r\n\r\nSO ORDERED. This 19 day of July, 2023.\r\n\r\n\r\nRICHARD E. MYERS II<\/a><\/pre>\n
TERRENCE W. BOYLE<\/a><\/pre>\n
LOUISE W. FLANAGAN<\/a>\r\n\r\nJAMES C. DEVER III<\/a><\/pre>\n","protected":false},"excerpt":{"rendered":"(This was extracted via OCR from the pdf, you can find the original order here.)   IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA SOUTHERN DIVISION No. 7:23-CV-897 IN RE: CAMP LEJEUNE WATER LITIGATION ORDER The Court has carefully considered the written submissions of numerous, well-qualified plaintiffs\u2019 counsel and has… View Article<\/a>","protected":false},"author":1,"featured_media":3440,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[501,197,1,198],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/posts\/3437"}],"collection":[{"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/comments?post=3437"}],"version-history":[{"count":7,"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/posts\/3437\/revisions"}],"predecessor-version":[{"id":10176,"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/posts\/3437\/revisions\/10176"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/media\/3440"}],"wp:attachment":[{"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/media?parent=3437"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/categories?post=3437"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawsuitlegit.com\/wp-json\/wp\/v2\/tags?post=3437"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}