Bucky Zimmerman, lead counsel for the Plaintiffs Steering Committee (PSC) in the Baycol MDL, wants to have the first federal trial in March or April and would like the PSC to select the first case to go to trial (In Re: Baycol Products Litigation, MDL No. 1431, D. Minn.).

At an MDL status conference on Sept. 19 in Philadelphia, Zimmerman said the PSC wants an early trial date for cases filed in Minnesota.

Counsel for Bayer said they would also like an early trial date but would like to be involved in choosing the first cases to go to trial. They are requesting that the PSC enter a motion and plan for choosing the cases and a proposed discovery and trial plan.

Zimmerman said an expedited trial is necessary because 15 state court Baycol cases have trial dates set, with the first trial scheduled for Dec. 9 in Texas. He said, pursuant to the Federal Rules of Civil Procedure, that the court has the power to set a trial date for multidistrict litigation without any motions being filed.

He said the PSC wants to have four to five cases tried at the same time. Each of the cases would have a plaintiff who suffered from a different injury as a result of Baycol.

Richard Lockridge for Bayer said that not allowing Bayer to be involved in choosing the cases for trial is "unfair and unprecedented."

Judge Michael J. Davis ordered the parties to meet in three weeks to discuss the matter. Judge Davis said he thinks that a summary jury trial is a good idea and would like to see them held in different regions such as Texas, Pennsylvania, California and Minnesota. He ordered the parties to confer on the matter and come to him with a plan in 10 days.