The Baycol MDL judge has issued an order allowing the plaintiffs to withdraw Prem Gupta and Mark Hall as putative economic class representatives but is ordering that their depositions be taken.

Bayer Corp. entered a motion to compel discovery on Oct. 11. It says the Plaintiffs Steering Committee (PSC) in September canceled the depositions of Gupta and Hall, two of the designated 12 representatives of the putative MDL class action Jack Hartman, et al. v. Bayer Corp., et al. After each cancellation, Gupta and Hall were withdrawn as representatives.

"The timing of these maneuvers suggests that the PSC is trying to withhold evidence that demonstrates weaknesses with the pending certification motion," Bayer said in its motion.

The court heard oral arguments on the motion on Oct. 17. U.S. Judge Michael J. Davis of the District of Minnesota agreed with a proposal made by the plaintiffs to take the depositions of Gupta and Hall but to withdraw them as representatives.

"Prem Gupta and Mark Hall are not adequate class representatives, which is the reason why plaintiffs seek to withdraw their cases and seek to withdraw them as class representatives," said Wendy Fleishman, counsel for the plaintiffs.

"Class representation is a voluntary act," she said, noting that the class has not been certified.

Bayer attorney Susan Weber said at the hearing that the plaintiffs did not provide a detailed enough reason for withdrawing the class representatives.

"I think there is only one logical conclusion you can draw based on this fact pattern," she said. "The plaintiffs' counsel sat down and prepared their witnesses, decided they weren't going to like the testimony that they were going to give, and are now trying to play procedural games."