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Stark and Stark, along with its co-counsel Barry, Corrado, Grassi & Gillin-Schwartz, have filed a class action on behalf of thousands of potential female class members against the New Jersey Department of Corrections (“NJDOC”), over the intolerable conditions at the Edna Mahan Correctional Facility for Women (“EMCFW”).

NJDOC is a public entity that maintains an annual budget of roughly $1 billion; approximately 8,000 employees; 13 correctional institutions; and nearly 23,000 state-sentenced offenders housed in prisons, county jails, and community halfway houses. NJDOC is responsible for the day-to-day operations, supervision, and management of EMCFW. In 2017, EMCFW had an operational capacity of 846 persons and an average daily population of 659. The daily expense per inmate was $202.15, and the yearly per capita was $73,785.00.[1]

EMCFW, formerly known as the Clinton Correctional Facility for Women, is located at 30 Route 513, in Clinton, Hunterdon County, New Jersey. Opened in 1913, EMCFW was named after one of the first female correctional superintendents in the United States. According to the official NJDOC website description, EMCFW “houses state-sentenced female offenders. The prison provides a campus-like setting with housing units and various support buildings. In terms of security designation, there are two compounds – minimum and maximum/medium. There is a third housing compound for inmates with varying classifications of special mental health needs. Programming includes counseling as well as education and vocational opportunities.”[2] EMCFW is the only women’s correctional facility in New Jersey, providing custody and treatment programs for female offenders 16 years of age and older.

For decades, there has been a recognized and documented environment of rampant and unchecked sexual assault and harassment of female inmates by prison employees, agents and administrators, as well as other inmates, throughout state and federal corrections systems.
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As we previously reported, the United States Judicial Panel on Multi-District Litigation (MDL) met in March 2011, in San Diego, CA, to hear arguments regarding whether the Darvocet and Darvon cases should be given MDL treatment. In April 2011, the Panel announced that it needed more time to consider the arguments for and against consolidating the federal cases. As such, the Panel scheduled an additional hearing for July 2011, in San Francisco, CA, to consider further arguments.
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As we previously reported, in March 2011, a petition was filed to consolidate all federal DePuy Pinnacle cases in either the Southern District of Texas or the Central District of California. Alternatively, the petition also asked that the United States Judicial Panel on Multi-District Litigation consider adding the Pinnacle cases to the already pending DePuy ASR MDL, which is centralized in the Northern District Court of Ohio. On May 16, 2011, a hearing was held by the U.S. Judicial Panel on Multidistrict Litigation (“JPML”) to consider the consolidation.
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As we previously reported, the United States Judicial Panel on Multi-District Litigation (MDL) met on Wednesday, March 30, 2011, in San Diego, CA, to hear arguments regarding whether the Darvocet and Darvon federal cases should be given MDL treatment. One of the main sources of contention among the parties is where to centralize the cases. The proposed locations include: the Eastern District of New York, the Northern District of Illinois, the Eastern District of Louisiana, the Western District of Louisiana, the Southern District of Ohio and the Eastern District of Kentucky.
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In November 2010, U.S. District Judge David Herndon, who is overseeing the federal Yaz lawsuits, ordered three executives from Bayer to fly to the United States for their depositions. Joachim Marr, Hartmut Blode and Ilka Schellschmidt, who work at Bayer’s headquarters in Germany, were selected to represent the company regarding the pre-clinical and clinical development processes.
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In November 2010, U.S. District Judge David Herndon, who is overseeing the federal Yaz lawsuits, ordered three executives from Bayer to fly to the United States for their depositions. Joachim Marr, Hartmut Blode and Ilka Schellschmidt, who work at Bayer’s headquarters in Germany, were selected to represent the company regarding the pre-clinical and clinical development processes.
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In December 2010, the United States Judicial Panel on Multi-District Litigation (MDL) ruled to consolidate all federal district cases in the Northern District Court of Ohio. The MDL 2197, In re DePuy Orthopaedics, Inc. ASR Hip Implant Products, will be handled by Judge David A. Katz who will manage all pre-trial issues for all federal DePuy hip implant recall cases.
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The parties involved in the YAZ® Mass Tort litigation have been ordered file a Master Consolidated Complaint (“Master Complaint”). The Master Complaint will supplement the Complaints that have been filed in the individual cases, as well as serve as a reference for incoming plaintiffs. The Master Complaint will allege a variety of counts for Negligence, Fraud, and other causes of action.
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The parties involved in the Mass Tort litigation have agreed upon the wording of a form called the Plaintiff Fact Sheet. In pharmaceutical cases with Mass Tort or MDL designations, plaintiffs are required to submit a detailed Plaintiff Fact Sheet. The Plaintiff Fact Sheet requires the plaintiff to supply medical, liability and general background information within a specified time period, usually subject to periodic updating and revision.
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The parties involved in the Mass Tort litigation (surrounding the defective birth control products YAZ®, Yasmin® and Ocella®) have been ordered to confer and reach an agreement on all issues regarding the preservation of documents and data. The goal of preservation is to maintain the integrity of all documents, data and tangible things pursuant to R. 4:10 through R. 4:19.
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