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Camp Lejeune Track 1 Pretrial Schedule Released

Marine carrying Marine Corps flag.

An Order for the Camp Lejeune litigation, issued on August 7, 2024, provides a schedule for pretrial matters related to Track 1 Plaintiff cases. The Court tasked the Plaintiff’s Leadership Group (PLG) and the Government to propose schedules to combine expert discovery on (1) the toxic chemical exposure over time via the water at Camp Lejeune and (2) general causation.

Consolidating global pretrial issues into a single schedule should help with efficiency. The Court’s Order governing Track 1 Pretrial deadlines encompasses three phases: Water Contamination Phase, General Causation Phase, and Residual Expert Phase.

Fact Discovery related to Track 1 Plaintiffs closes August 11, 2024, after which the procedures will follow this sequence:

1 | Water Contamination Phase

This portion of pretrial discovery focuses on the toxic chemical exposure from the water at Camp Lejeune. The PLG expert disclosure must be completed 75 days after the close of Fact Discovery. The Government must disclose its experts within 45 days of learning the PLG’s experts. The PLG then has 21 days to disclose rebuttal witnesses.

2 | General Causation Phase

This phase handles discovery regarding the general causation for the Track 1 illnesses. The first task for the PLG is disclosing General Causation experts within 120 days after Fact Discovery closes. The Government then has 45 days to disclose its experts and the PLG has 21 days to provide rebuttal witnesses.

3 | Residual Expert Phase

This phase is related to specific causation, damages, and any other discipline not covered in an earlier phase. The PLG must disclose residual experts within 165 days of the Fact Discovery closure. The Government has 45 days to provide all the Defendant’s experts for this phase and the PLG has 21 days to respond with its rebuttal experts.

Motions and Oppositions

Per the Order, motions and oppositions for the Camp Lejeune litigation must observe these rules within each phase:

  • Following the completion of expert discovery relating to each phase, The PLG and Government (‘Parties’) will have 30 days to serve motions to exclude any expert witnesses and motions for summary judgment relating to that phase. 
  • Parties have 21 days to file oppositions to the motions and 14 days to file replies.
  • Each party must disclose expert reliance files within 7 days of the initial disclosure of that expert.

The trial dates aren’t yet set, but having these important pretrial milestones scheduled brings anyone harmed by the water at Camp Lejeune a renewed sense of anticipation. The PLG and other advocates continue to work diligently to expedite Camp Lejeune cases; this Order offers a roadmap to move these cases to trial.