Identification Order. On the Settlement Date, the Parties shall jointly apply to the MDL Court and the MN Court for an Identification Order, substantially in the forms attached as Exhibit 2 (modified as needed to conform to local court practice), requiring each CAE Counsel to submit an Identification Order Declaration that identifies all Eligible Claimants for which they are Primary Counsel and for pro se litigants with CAE Claims to identify their CAE Claims, which shall apply to all CAE Counsel and to all pro se litigants who have filed a CAE Claim, to MDL Centrality and serve the same Identification Order Declaration on Defendants, the MDL PEC, and MN Leadership via MDL Centrality or email or by such alternative means specified by the MN Court for cases under its jurisdiction. The MDL Identification Order shall require each Primary Counsel to:
Identification Order. 2.2.1 Promptly after the execution of this MSA, the Parties agree to request that the MDL Court and the Massachusetts Court enter Identification Orders requiring, within 30 days of the Orders (the “Identification Order Declaration Deadline”), (i) all counsel with clients in suit or on the Census Registry to identify all Eligible Claimants (whether claims or potential claims with respect to the Eligible Claimant client have been filed in suit, asserted on the Census Registry, or otherwise) for which they are Primary Counsel, and (ii) pro se litigants to identify themselves if they believe they suffered a Qualifying Injury caused by their use of one or more Recalled Devices and/or any asserted defects, delays or inadequacies relating to the Philips RS recall programs (the “Identification Order Declarations”).
