Comeaux v. AMR Corporation et al

Filing 3

PRETRIAL ORDER #1. Signed by Judge Charles R. Breyer on 11/28/06. (mcl, COURT STAFF) (Filed on 12/18/2006)

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Comeaux v. AMR Corporation et al Doc. 3 Case e 3:06-cv-07652-CRB Document 10-1 Filed 12/18/2006 Page 1 1 of 5 Cas M:06-cv-01793-CRB Document 3 Filed 11/28/2006 Page of 5 1 2 3 4 5 6 7 8 9 10 I N THE UNITED STATES DISTRICT COURT F O R THE NORTHERN DISTRICT OF CALIFORNIA U n it e d United States District Court 11 12 For the Northern District of California N o . M 06-1793 CRB IN RE: INTERNATIONAL AIR T R A N S PO R T A T IO N AND SURCHARGE A N T IT R U S T LITIGATION / T h i s Order Relates to: A L L CASES / The Judicial Panel on M ultidistrict Litigation ("the Panel") has transferred to this C o u r t for coordinated pretrial proceedings certain antitrust actions relating to an alleged c on sp ir ac y to fix prices for long haul passenger flights to and from the United Kingdom. As t h e number and complexity of these actions warrant holding a single, coordinated initial case m a n a g e m e n t conference for all actions in In Re: International Air Transportation Surcharge A n t i t ru s t Litigation, MDL No. 1793, the Court ORDERS as follows: 1. A P P L I C A B I L I T Y OF ORDER --- Prior to the initial pretrial conference and M D L No. 1793 P R E T R I A L O R D E R #1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e n t r y of a comprehensive order governing all further proceedings in this case, the provisions of this Order shall govern the practice and procedure in those actions that were transferred to t h i s Court by the Panel. This Order also applies to all related cases filed in all divisions of the Northern District of California and all "tag-along actions" later filed in, removed to, or Dockets.Justia.com CCse e 3:06-cv-07652-CRB Document 10-1 Filed 12/18/2006 Page 2 2 of 5 a as M:06-cv-01793-CRB Document 3 Filed 11/28/2006 Page of 5 1 2 3 4 5 6 7 8 9 10 transf erred to this Court. 2. CO NS OL IDA TIO N --- The civil actions transferred to this Court or related to t h e actions already pending before this Court are consolidated for pretrial purposes. Any "tag-a long actions" later filed in, removed to, or transferred to this Court, or directly filed in t h e Northern District of California, will automatically be consolidated with this action w i t h o u t the necessity of future motions or orders. This consolidation does not constitute a d e t e r m in a t i o n that the actions should be consolidated for trial, nor does it have the effect of m a k i n g any entity a party to any action in which he, she or it has not been named, served or a d d e d in accordance with the Federal Rules of Civil Procedure. 3. D A T E OF INITIAL CONFERENCE AND AGENDA FOR CONFERENCE -- United States District Court 11 12 For the Northern District of California M a t t e r s relating to pretrial and discovery proceedings in these cases will be addressed at an i n i ti a l pretrial conference on Friday, December 8, 2005 at 11:00 a.m. before Judge Charles R . Breyer in Courtroom 8, 19th Floor, United States Courthouse, 450 Golden Gate Avenue, S a n Francisco, California. The parties shall be prepared to discuss a schedule for resolving t h e competing motions for appointment as interim lead counsel and the motions for p r e l im i n a r y approval of settlement. Accordingly, the hearings on the pending motions for p r el im i n ar y approval of settlement and appointment of interim lead counsel are VACATED a n d the motions for shortened time are DENIED as MOOT. If the parties have any s u g g e s t io n s as to additional agenda items for the initial conference, these suggestions shall be fil ed by December 4, 2005. 4. I N I T I A L CONFERENCE APPEARANCES --- Each party represented by 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 coun sel shall appear at the initial pretrial conference through the party's attorney who will h a v e primary responsibility for the party's interest in this litigation. Parties not represented b y counsel may appear in person or through an authorized and responsible agent. To m i n i m i z e costs and facilitate a manageable conference, parties with similar interests may a g r e e , to the extent practicable, to have an attending attorney represent the party's interest at t h e conference. A party will not by designating an attorney to represent the party's interest at 2 CCse e 3:06-cv-07652-CRB Document 10-1 Filed 12/18/2006 Page 3 3 of 5 a as M:06-cv-01793-CRB Document 3 Filed 11/28/2006 Page of 5 1 2 3 4 5 6 7 8 9 10 the conference be precluded from other representation during the litigation, nor will a t t en d a n c e at the conference waive objections to jurisdiction, venue or service. 5. R E S P O N S E EXTENSION AND STAY--- Defendants are granted an e x t e n s io n of time for responding by motion or answer to the complaint(s) until a date to be set by this Court. Pending the initial conference and further orders of this Court, all o u t s ta n d i n g discovery proceedings are stayed, and no further discovery shall be initiated. 6. M A S T E R DOCKET FILE --- All pleadings and filings shall be made in the ma ster file, No. M 06-1793 CRB. The caption of each pleading shall read "In Re: I n t e rn a t i o n al Air Transportation Surcharge Antitrust Litigation" and, in addition to the mas ter file number, shall include the identification "M DL No. 1793." When a pleading is i n t e n d ed to apply to all actions, this shall be indicated by the words: "This Document Relates to All Cases." When a pleading is intended to apply to fewer than all cases, this Court's d o c k e t number for each individual case to which the document number relates shall appear imm edia tely after the words "This Document Relates to." 7. FIL ING --- This case is subject to Electronic Case Filing ("ECF"), pursuant to United States District Court 11 12 For the Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 G e n e r a l Order 45, Section VI of which requires that all documents in such a case be filed electro nically. General Order 45 provides at Section IV (A) that "Each attorney of record is o b l i g a te d to become an ECF User and be assigned a user ID and password for access to the s y st e m upon designation of the action as being subject to ECF." If she or he has not already d o n e so, counsel shall register forthwith as an ECF User and be issued an ECF User ID and p a s s w o r d . Forms and instructions can be found on the Court's Web site at e c f . c a n d .u s c o u r ts . g o v . A l l documents shall be e-filed in the master file, M 06-1793 CRB. Documents that pertain to one or only some of the pending actions shall also be e-filed in the individual cas e(s) to which the document pertains. 8. D O C K E T IN G NEW CASES --- When an action that properly belongs as part o f In Re: International Air Transportation Surcharge Antitrust Litigation is filed after the date 3 CCse e 3:06-cv-07652-CRB Document 10-1 Filed 12/18/2006 Page 4 4 of 5 a as M:06-cv-01793-CRB Document 3 Filed 11/28/2006 Page of 5 1 2 3 4 5 6 7 8 9 10 o f this Order in the Northern District of California or transferred here from another court, the Clerk of this Court shall: a. b. c. F i l e a copy of this Order in the separate file for such action; Make an appropriate entry on the master docket sheet; Mail to the attorneys for the plaintiff in the newly filed or transferred case a co p y of this Order; d. Upon the first appearance of any new defendant, mail to the attorneys for th e defendant in such newly filed or transferred cases a copy of this Order. 9. AP PE AR AN CE S --- Counsel who appeared in a transferor court prior to tra ns fe r need not enter an additional appearance before this Court. M or eo ve r, attorneys admit ted to practice and in good standing in any United States District Court are admitted pro hac vice in this litigation, and the requirements of Northern District of California Local Rule 1 1 - 3 are waived. Association of local counsel is not required. 10. PRESERVATION OF EVIDENCE --- All parties and their counsel are United States District Court 11 12 For the Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 remin ded of their duty to preserve evidence that may be relevant to this action. The duty e x t e n d s to documents, data, and tangible things in the possession, custody and control of t h e parties to this action, and any employees, agents, contractors, carriers, bailees, or other nonparties who possess materials reasonably anticipated to be subject to discovery in this action. "Documents, data, and tangible things" shall be interpreted broadly to i n c l u d e writings, records, files, correspondence, reports, memoranda, calendars, diaries, m i n u t e s , electronic messages, voice mail, E-mail, telephone message records or logs, c o m p u t e r and network activity logs, hard drives, backup data, removable computer s t o r ag e media such as tapes, discs and cards, printouts, document image files, Web p a g e s , databases, spreadsheets, software, books, ledgers, journals, orders, invoices, bills, v o u c h e r s , checks statements, worksheets, summaries, compilations, computations, c h a r t s, diagrams, graphic presentations, drawings, films, charts, digital or chemical proc ess photographs, video, phonographic, tape or digital recordings or transcripts t h e r e o f, drafts, jottings and notes, studies or drafts of studies or other similar such 4 CCse e 3:06-cv-07652-CRB Document 10-1 Filed 12/18/2006 Page 5 5 of 5 a as M:06-cv-01793-CRB Document 3 Filed 11/28/2006 Page of 5 1 2 3 4 5 6 7 8 9 10 mate rial. Information that serves to identify, locate, or link such material, such as file inven tories, file folders, indices, and metadata, is also included in this definition. Until t h e parties reach an agreement on a preservation plan or the Court orders otherwise, e a c h party shall take reasonable steps to preserve all documents, data and tangible things c o n t a in i n g information potentially relevant to the subject matter of this litigation. C o u n s e l is under an obligation to the Court to exercise all reasonable efforts to identify a n d notify parties and non-parties, including employees of corporate or institutional parties. 11. FILING OF DISCOVERY REQUESTS --- In accordance with Rule 5(d) of t h e Federal Rules of Civil Procedure, discovery requests and responses are not to be filed w i t h the Clerk nor sent to the Judge's Chambers, except to the extent needed in connection w i t h a motion. IT IS SO ORDERED. _______________________________ CHARLES R. BREYER UNITED STATES DISTRICT JUDGE United States District Court 11 12 For the Northern District of California 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D a t e d : November 28, 2006 5

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