Judge Jack Weinstein held a hearing today (July 17) on his discussion-only draft certification of a third-party payer RICO class against Eli Lilly. The upshot: the parties didn’t take the settlement bait, so they’re to file motions by Aug. 4 and final responses to the draft by Aug. 22. Several times the MDL judge told the 53 attorney attending the hearing that he wants to move the litigation to its conclusion.

As usual, readers can get full coverage in the next issue of Mealey’s Emerging Drugs & Devices Report (July 24; call now, operators are standing by!), but here are some highlights:

• Judge Weinstein rebuffed a plaintiffs request to change the proposed class period from 2001-2005 to 1996-2005, but said that might be a good idea if there were a settlement (hint).

• The plaintiffs suggested the judge just take out all that stuff about interlocutory appeals, but he said it’s “almost certain” that the Second Circuit will take up the questions and he said that knowing the Second Circuit, it may well rule adversely for the plaintiffs. The interlocutory option stays in (hint).

• The judge agreed to a plaintiffs suggestion to defer his proposed ruling denying certification of a class based on state consumer law. The plaintiffs said that with the increased use of MDLs and CAFA, federal judges are going to have to resolve how to handle state consumer law claims sent to federal courts.

• The judge said he’ll allow plaintiffs to suggest independent counsel for individual Zyprexa users who are claiming they overpaid for the drug.

• Judge Weinstein flat-out refused defendant Eli Lilly and Co.’s request that he withdraw his draft opinion because two state government plaintiffs have already cited it. The judge said he kind of likes the First Amendment and the free marketplace of ideas. He allowed that he doesn’t believe in not citing unpublished opinions.

• The plaintiffs said they are “ready, willing and able” to discuss a settlement. Lilly’s counsel didn’t utter the “S” word.

• Finally, almost as a bonus, Judge Weinstein read a statement where he, in part, lambasted the FDA for not being vigilant enough about Zyprexa’s side effects and warning doctors soon enough and third-party payers and their advisors/managers for not being vigilant enough about off-label marketing of Zyprexa. And he’s making that written statement available, too.