Tech Data Corporation et al v. Hitachi, Ltd. et al

Middle District of Florida, flmd-8:2017-cv-00944

PRETRIAL ORDER NO. 1. Signed by Judge Samuel Conti on 4/4/08. [Transferred from cand on 4/20/2017.]

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PageID 163 1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 In Re: Cathode Ray Tube (CRT)) Case No. 07-5944 SC 8 Antitrust Litigation) MDL No. 1917) 9 ___________________________________) PRETRIAL ORDER NO. 1) 10 This Document Relates to:)) For the Northern District of California 11 ALL ACTIONS) United States District Court) 12) 13 14 On April 4, 2008, the Court conducted a status conference in 15 this multidistrict litigation ("MDL") proceeding. After 16 considering the materials submitted by the parties at the 17 conference and good cause appearing, the Court hereby establishes 18 the following pretrial procedures. 19 PRACTICE AND PROCEDURE ORDER UPON TRANSFER PURSUANT TO § 1407(a) (REVISED) 20 21 1. This order shall govern the practice and procedure in 22 those actions transferred to this Court by the Judicial Panel on 23 Multidistrict Litigation (MDL Panel) pursuant to its order of 24 February 15, 2008, as well as all related actions originally filed 25 in this Court or transferred or removed to this Court. This order 26 shall also govern the practice and procedure in any tag-along 27 actions transferred to this Court by the MDL Panel pursuant to 28 Rule 7.4 of the Rules of Procedure of the MDL Panel subsequent to PageID 164 1 the filing of the final transfer order by the Clerk of this Court 2 and any related actions subsequently filed, transferred or removed 3 to this Court. 4 2. The actions described in paragraph 1 of this Order are 5 consolidated for pretrial purposes. 6 ESTABLISHMENT OF MASTER DOCKET AND FILE 7 3. The files of all direct purchaser actions and indirect 8 purchaser actions shall be maintained in the master file, Case No. 9 C-07-5944 SC MDL No. 1917. Every pleading filed in direct 10 purchaser actions and indirect purchaser actions shall bear the For the Northern District of California 11 above caption. When a pleading or paper is intended to be United States District Court 12 applicable to all actions, the words "All Actions" shall appear 13 immediately after the words "This Document Relates to:" in the 14 caption above. When a pleading or paper is intended to be 15 applicable only to all direct purchaser actions, the words "All 16 Direct Purchaser Actions" shall appear in the caption. When a 17 pleading or paper is intended to be applicable only to all 18 indirect purchaser actions, the words "All Indirect Purchaser 19 Actions" shall appear in the caption. 20 4. All pleadings and submissions in these actions shall be 21 e-filed both in the master docket and in the individual case 22 docket(s) of any individual case(s) to which the submission 23 pertains. All submissions filed in these actions shall bear the 24 identification "Case No. C-07-5944 SC MDL No. 1917," and when such 25 a submission relates to all of these actions, following "Case No. 26 C-07-5944 SC MDL No. 1917," shall be the notation "ALL CASES." If 27 a submission does not relate to all of these actions, the docket 28 2 PageID 165 1 number of the individual action or actions assigned by the Clerk 2 of the Court shall follow "Case No. C-07-5944 SC MDL No. 1917." 3 The chambers copy of each document e-filed in these cases must 4 clearly indicate the docket number assigned by the electronic case 5 filing system to each such document. 6 APPEARANCES 7 5. Counsel who have not yet entered an appearance shall 8 electronically file a Notice of Appearance in the master docket 9 and in the individual case docket(s) of any individual case(s). 10 Counsel who appeared in a transferor court prior to their case For the Northern District of California 11 being transferred to this Court need not enter an additional United States District Court 12 appearance before this Court. 13 6. Attorneys admitted to practice and in good standing in 14 any United States District Court are admitted pro hac vice in this 15 litigation. Pursuant to Rule 1.4 of the Rules of Procedure of the 16 Judicial Panel on Multidistrict Litigation, association of local 17 counsel is not required. 18 COMMUNICATIONS WITH THE COURT AND COUNSEL 19 7. Unless otherwise ordered by the Court, all substantive 20 communications with the Court shall be e-filed. 21 8. The Court recognizes that cooperation by and among 22 plaintiffs' counsel and by and among defendants' counsel is 23 essential for the orderly and expeditious resolution of this 24 litigation. The communication of information among and between 25 plaintiffs' counsel and among and between defendants' counsel 26 shall not be deemed a waiver of the attorney-client privilege or 27 the protection afforded attorney work-product. Nothing contained 28 3 PageID 166 1 in this provision shall be construed to limit the rights of any 2 party or counsel to assert the attorney-client privilege or 3 attorney work-product doctrine. 4 FILING AND SERVICE OF PAPERS AND PLEADINGS 5 9. These cases are subject to Electronic Case Filing 6 ("ECF"), pursuant to General Order 45, Section VI, which requires 7 that all documents in such a case be filed electronically. 8 General Order, Section IV(A) provides that "[e]ach attorney of 9 record is obligated to become an ECF User and be assigned a user 10 ID and password for access to the system upon designation of the For the Northern District of California 11 action as being subject to ECF." If he or she has not already done United States District Court 12 so, counsel shall register forthwith as an ECF User and be issued 13 an ECF User ID and password. Forms and instructions can be found 14 on the Court's website at 15 All documents can 16 be e-filed in the master file, Case No. C-07-5944 SC MDL No. 1917. 17 10. Papers that are filed electronically through the Court's 18 ECF system are deemed served on all parties as of the date of 19 filing. All other service of papers shall be governed by the 20 Federal Rules of Civil Procedure unless otherwise agreed by the 21 parties. 22 11. Permission to file briefs in excess of the page limits 23 set forth in Rule 7 of the Local Rules will not be routinely 24 granted in these cases. Stipulations allowing oversized briefs 25 will not be approved unless submitted at least five (5) court days 26 before the first brief addressed in the stipulation is due. 27 12. All parties are to make best efforts to resolve 28 4 PageID 167 1 scheduling and other procedural issues by conferring with opposing 2 counsel in the case(s) before contacting the court. 3 EVIDENCE PRESERVATION 4 13. All parties and their counsel are reminded of their duty 5 to preserve evidence that may be relevant to this action. The 6 duty extends to documents, data and tangible things in the 7 possession, custody and control of the parties to this action, and 8 any employees, agents, contractors, carriers, bailees, or other 9 non-parties who possess materials reasonably anticipated to be 10 subject to discovery in this action. "Documents, data, and For the Northern District of California 11 tangible things" shall be interpreted broadly to include writings, United States District Court 12 records, files, correspondence, reports, memoranda, calendars, 13 diaries, minutes, electronic messages, voicemail, e-mail, 14 telephone message records or logs, computer and network activity 15 logs, hard drives, backup data, removable computer storage media 16 such as tapes, discs and cards, printouts, document image files, 17 Web pages, databases, spreadsheets, software, books, ledgers, 18 journals, orders, invoices, bills, vouchers, check statements, 19 worksheets, summaries, compilations, computations, charts, 20 diagrams, graphic presentations, drawings, films, charts, digital 21 or chemical process photographs, video, phonographic, tape or 22 digital recordings or transcripts thereof, drafts, jottings and 23 notes, studies or drafts of studies or other similar such 24 material. Information that serves to identify, locate or link 25 such material, such as file inventories, file folders, indices, 26 and metadata, is also included in this definition. Until the 27 parties reach an agreement on a preservation plan or the Court 28 5 PageID 168 1 orders otherwise, each party shall take reasonable steps to 2 preserve all documents, data, and tangible things containing 3 information potentially relevant to the subject matter of this 4 litigation. In addition, counsel shall exercise all reasonable 5 efforts to identify and notify parties and non-parties of their 6 duties, including employees of corporate or institutional parties, 7 to the extent required by the Federal Rules of Civil Procedure. 8 PROTECTIVE ORDER 9 14. The parties shall meet and confer regarding a protective 10 order for this proceeding. Within 30 days of the entry of an For the Northern District of California 11 Order appointing interim lead class counsel, the parties shall United States District Court 12 present a stipulated protective order, or in the event a 13 stipulation cannot be reached, their respective proposals. 14 DISCLOSURES 15 15. Within 30 days of the entry of this Order, the parties 16 shall complete a Rule 26(f) conference and shall make initial 17 disclosures within 14 days thereafter. 18 ALTERNATIVE DISPUTE RESOLUTION 19 16. Within 30 days of the entry of an Order appointing 20 interim lead class counsel, the parties shall discuss the 21 selection of an alternative dispute resolution process. 22 FURTHER CASE MANAGEMENT CONFERENCE 23 17. The Court shall conduct a Status Conference on July 11, 24 2008 at 10:00 A.M. The parties shall electronically file a Joint 25 Case Management Statement ten (10) court days prior thereto. 26 /// 27 /// 28 6 PageID 169 1 APPLICABILITY OF ORDER 2 18. This Order shall apply to all actions subsequently filed 3 in, or transferred to, this district that are related to this MDL 4 proceeding. Any party objecting to the application of this Order 5 to a subsequently filed or transferred case shall file a motion 6 for relief supported by good cause within 30 days of the case 7 being added to the master docket. 8 9 DATED: April 4, 2008 10 For the Northern District of California 11 ____________________________ United States District Court UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7