Coakley et al v. Tyco Electronics Corporation et al
Filing
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PRETRIAL ORDER #1. Signed by Judge Charles R. Breyer on 4/29/10. (mcl, COURT STAFF) (Filed on 7/6/2011)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
United States District Court
For the Northern District of California
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No. MDL 10-2144 CRB
IN RE AIR CRASH OVER THE MIDATLANTIC ON JUNE 1, 2009
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This order relates to:
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PRACTICE AND PROCEDURE
ORDER UPON TRANSFER
PURSUANT TO 28 U.S.C. § 1407(a)
ALL ACTIONS
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1. This order shall govern the practice and procedure in those actions transferred to this court
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by the Judicial Panel on Multidistrict Litigation pursuant to their order of April 14, 2010, as
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well as all related actions originally filed in this court or transferred or removed to this court.
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This order shall also govern the practice and procedure in any tag-along actions transferred to
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this Court by the Judicial Panel on Multidistrict Litigation pursuant to Rule 1 of the Rules of
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Procedure of that Panel subsequent to the filing of the final transfer order by the Clerk of this
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Court and any related actions subsequently filed in this Court or otherwise transferred or
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removed to this Court.
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2. The actions described in paragraph 1 of this order are consolidated/related for pretrial
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purposes.
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3. A signed original of any pleading or paper shall be e-filed; no copies will be necessary. All
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papers filed in these actions shall bear the identification “MDL Docket No. 10-2144”, and
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when such paper relates to all these actions, the MDL docket number shall be followed only
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by the notation “ALL CASES.” If such paper does not relate to all of these actions the
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individual docket numbers assigned by the Clerk of this Court of those actions to which the
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paper relates shall also be listed. If such paper relates to five or fewer actions the abbreviated
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caption of each of the actions may be listed opposite its number.
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United States District Court
For the Northern District of California
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4. Any paper which is to be filed in any of these actions shall be filed with the Clerk of this
Court and not with the transferor district court.
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5. Counsel who appeared in the transferor district court prior to the transfer need not enter a
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separate appearance before this Court.
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6. Prior to the first pretrial conference service of all papers shall be made on each of the
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attorneys. Any attorney who wishes to have his name added to or deleted from the service list
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may do so upon request to the Clerk of this Court with notice to all other persons on such
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service list. Service shall be deemed sufficient if made upon all attorneys.
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The parties shall present to the Court at the first pretrial conference a list of attorneys for
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purposes of service. Only one attorney or each party separately represented shall be included
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on such list.
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7. Prior to the first pretrial conference, counsel for each group of parties whose interests are
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similarly aligned shall designate liaison counsel, subject to the approval of the Court. Liaison
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counsel shall be authorized to receive orders and notices from the Court on behalf of all
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parties within their liaison group and shall be responsible for the preparation and transmittal
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of copies of such orders and notices to the parties in their liaison group. Liaison counsel shall
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be required to maintain complete files with copies of all documents served upon them and
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shall make such files available to parties within their liaison group upon request. Liaison
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counsel are also authorized to receive orders and notices from the Judicial Panel on
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Multidistrict Litigation pursuant to Rule 8(e) of the Panel's Rules of Procedure on behalf of
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all parties within their liaison group and shall be responsible for the preparation and
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transmittal of copies of such orders and notices to the parties in their liaison group.
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8. Upon remand of any of these actions the parties will be required to provide to this Court
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copies of any necessary and relevant papers previously filed.
United States District Court
For the Northern District of California
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9. No parties to any of these actions shall be required to obtain local counsel in this district
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and the requirements of Civil Local Rule 11 of the Rules of this Court are waived as to any
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attorney appearing in these actions who is duly admitted to practice before any United States
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Court.
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10. Hearings shall not be held on any motions filed except by order of Court upon such
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notice as the Court may direct.
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11. Any paper filed in any of these actions which is substantially identical to any other paper
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filed in another of these actions shall be sufficient if it incorporates by reference the paper to
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which it is substantially identical. Where counsel for more than one party plan to file
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substantially identical papers they shall join in the submission of such papers and shall file
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only one paper on behalf of all so joined.
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12. Any orders including protective orders previously entered by this Court or any transferor
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district court shall remain in full force and effect unless modified by this Court upon
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application.
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13. All discovery proceedings in these actions are stayed until further order of this Court and
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the time requirements to perform any acts or file any papers pursuant to Rules 26 through 37,
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Federal Rules of Civil Procedure, are tolled until the first pretrial conference at which time
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discovery schedule will be established.
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14. The Court will be guided by the Manual for Complex Litigation, Second approved by the
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Judicial Conference of the United States and counsel are directed to familiarize themselves
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with that publication.
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United States District Court
For the Northern District of California
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15. All other matters will be discussed at the initial pretrial conference to be held on May 21,
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2010, at 10am. Within 14 days counsel shall furnish suggestions for items to be included on
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the agenda for this conference.
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IT IS SO ORDERED.
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CHARLES R. BREYER
UNITED STATES DISTRICT JUDGE
Dated: April 29, 2010
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G:\CRBALL\2010\2144\Pre-Trial Order 1.wpd
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