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MADISON - ST. CLAIR RECORD

Friday, April 19, 2024

Rosenstengel picks Stack as special master in Depakote litigation

EAST ST. LOUIS — District Judge Nancy Rosenstengel has appointed former Madison County Circuit Judge Daniel J. Stack to serve as Special Master in Depakote litigation against Abbott Laboratories.

In an April 5 order, Rosenstengel wrote in an April 5 order that Stack will have to review objections by the parties to "deposition designations and make recommendations and reports to the court on these objections."

Along with that, Rosenstengel wrote that the district court could also give Stack more to do, including making him review in limine motions and suggest "formal and informal rulings on those motions" to the court, review other party motions and suggest "formal and informal rulings on those motions" to the court, give the court status reports, "communicate and meet with the parties and attorneys as needs may arise in order to permit the full and efficient performance of these duties" and make other necessary hires. Rosenstengel wrote that Stack "shall incur only such fees and expenses as may be reasonably necessary to fulfill his duties."

Rosenstengel wrote that the district court could also give Stack nine other tasks if it needed him for them.

According to the order, Stack also "may communicate ex parte with any party or his attorney, as the Special Master deems appropriate, for the purpose of ensuring the efficient administration and management and oversight of this case, and for the purpose of mediating or negotiating a resolution of any dispute related to this case."

Rosenstengel wrote that if the parties don't object to Stack's suggestions in the time allotted to them, the district court will rule Stack's "orders, findings, reports, rulings and recommendations approved, accepted and ordered by the court, unless the court explicitly provides otherwise."

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