Siegel v. Hitachi, Ltd. et al

Filing 10

PRETRIAL ORDER #1. Signed by Judge Samuel Conti on 4/4/08. (tdm, COURT STAFF) (Filed on 1/10/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court

For the Northern District of California

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In Re: Cathode Ray Tube (CRT)
Antitrust Litigation

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This Document Relates to:
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ALL ACTIONS
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Case No. 07-5944 SC
MDL No. 1917
PRETRIAL ORDER NO. 1

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On April 4, 2008, the Court conducted a status conference in

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this multidistrict litigation (“MDL”) proceeding.

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considering the materials submitted by the parties at the

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conference and good cause appearing, the Court hereby establishes

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the following pretrial procedures.

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After

PRACTICE AND PROCEDURE ORDER UPON TRANSFER PURSUANT TO §
1407(a) (REVISED)

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1.

This order shall govern the practice and procedure in

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those actions transferred to this Court by the Judicial Panel on

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Multidistrict Litigation (MDL Panel) pursuant to its order of

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February 15, 2008, as well as all related actions originally filed

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in this Court or transferred or removed to this Court.

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shall also govern the practice and procedure in any tag-along

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actions transferred to this Court by the MDL Panel pursuant to

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Rule 7.4 of the Rules of Procedure of the MDL Panel subsequent to

This order

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the filing of the final transfer order by the Clerk of this Court

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and any related actions subsequently filed, transferred or removed

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to this Court.

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2.

The actions described in paragraph 1 of this Order are

consolidated for pretrial purposes.

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ESTABLISHMENT OF MASTER DOCKET AND FILE

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3.

The files of all direct purchaser actions and indirect

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purchaser actions shall be maintained in the master file, Case No.

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C-07-5944 SC MDL No. 1917.

Every pleading filed in direct

United States District Court

For the Northern District of California

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purchaser actions and indirect purchaser actions shall bear the

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above caption.

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applicable to all actions, the words “All Actions” shall appear

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immediately after the words “This Document Relates to:” in the

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caption above.

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applicable only to all direct purchaser actions, the words “All

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Direct Purchaser Actions” shall appear in the caption.

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pleading or paper is intended to be applicable only to all

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indirect purchaser actions, the words ”All Indirect Purchaser

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Actions” shall appear in the caption.

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4.

When a pleading or paper is intended to be

When a pleading or paper is intended to be

When a

All pleadings and submissions in these actions shall be

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e-filed both in the master docket and in the individual case

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docket(s) of any individual case(s) to which the submission

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pertains.

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identification “Case No. C-07-5944 SC MDL No. 1917,” and when such

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a submission relates to all of these actions, following “Case No.

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C-07-5944 SC MDL No. 1917," shall be the notation “ALL CASES.”

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a submission does not relate to all of these actions, the docket

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All submissions filed in these actions shall bear the

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If

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number of the individual action or actions assigned by the Clerk

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of the Court shall follow “Case No. C-07-5944 SC MDL No. 1917.”

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The chambers copy of each document e-filed in these cases must

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clearly indicate the docket number assigned by the electronic case

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filing system to each such document.

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APPEARANCES

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5.

Counsel who have not yet entered an appearance shall

and in the individual case docket(s) of any individual case(s).

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United States District Court

electronically file a Notice of Appearance in the master docket

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For the Northern District of California

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Counsel who appeared in a transferor court prior to their case

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being transferred to this Court need not enter an additional

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appearance before this Court.

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Attorneys admitted to practice and in good standing in

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any United States District Court are admitted pro hac vice in this

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litigation.

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Judicial Panel on Multidistrict Litigation, association of local

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counsel is not required.

Pursuant to Rule 1.4 of the Rules of Procedure of the

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COMMUNICATIONS WITH THE COURT AND COUNSEL

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7.

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Unless otherwise ordered by the Court, all substantive

communications with the Court shall be e-filed.
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The Court recognizes that cooperation by and among

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plaintiffs’ counsel and by and among defendants’ counsel is

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essential for the orderly and expeditious resolution of this

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litigation.

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plaintiffs’ counsel and among and between defendants’ counsel

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shall not be deemed a waiver of the attorney-client privilege or

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the protection afforded attorney work-product.

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The communication of information among and between

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Nothing contained

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in this provision shall be construed to limit the rights of any

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party or counsel to assert the attorney-client privilege or

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attorney work-product doctrine.

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FILING AND SERVICE OF PAPERS AND PLEADINGS

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These cases are subject to Electronic Case Filing

that all documents in such a case be filed electronically.

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General Order, Section IV(A) provides that “[e]ach attorney of

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record is obligated to become an ECF User and be assigned a user

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United States District Court

(“ECF”), pursuant to General Order 45, Section VI, which requires

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For the Northern District of California

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ID and password for access to the system upon designation of the

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action as being subject to ECF.” If he or she has not already done

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so, counsel shall register forthwith as an ECF User and be issued

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an ECF User ID and password.

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on the Court’s website at

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https://ecf.cand.uscourts.gov/cand/index.html.

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be e-filed in the master file, Case No. C-07-5944 SC MDL No. 1917.

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10.

Forms and instructions can be found

All documents can

Papers that are filed electronically through the Court’s

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ECF system are deemed served on all parties as of the date of

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filing.

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Federal Rules of Civil Procedure unless otherwise agreed by the

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parties.

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11.

All other service of papers shall be governed by the

Permission to file briefs in excess of the page limits

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set forth in Rule 7 of the Local Rules will not be routinely

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granted in these cases.

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will not be approved unless submitted at least five (5) court days

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before the first brief addressed in the stipulation is due.

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Stipulations allowing oversized briefs

All parties are to make best efforts to resolve
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scheduling and other procedural issues by conferring with opposing

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counsel in the case(s) before contacting the court.

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EVIDENCE PRESERVATION

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All parties and their counsel are reminded of their duty

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to preserve evidence that may be relevant to this action.

The

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duty extends to documents, data and tangible things in the

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possession, custody and control of the parties to this action, and

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any employees, agents, contractors, carriers, bailees, or other

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non-parties who possess materials reasonably anticipated to be

United States District Court

For the Northern District of California

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subject to discovery in this action.

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tangible things” shall be interpreted broadly to include writings,

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records, files, correspondence, reports, memoranda, calendars,

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diaries, minutes, electronic messages, voicemail, e-mail,

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telephone message records or logs, computer and network activity

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logs, hard drives, backup data, removable computer storage media

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such as tapes, discs and cards, printouts, document image files,

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Web pages, databases, spreadsheets, software, books, ledgers,

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journals, orders, invoices, bills, vouchers, check statements,

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worksheets, summaries, compilations, computations, charts,

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diagrams, graphic presentations, drawings, films, charts, digital

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or chemical process photographs, video, phonographic, tape or

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digital recordings or transcripts thereof, drafts, jottings and

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notes, studies or drafts of studies or other similar such

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material.

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such material, such as file inventories, file folders, indices,

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and metadata, is also included in this definition.

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parties reach an agreement on a preservation plan or the Court

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“Documents, data, and

Information that serves to identify, locate or link

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Until the

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orders otherwise, each party shall take reasonable steps to

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preserve all documents, data, and tangible things containing

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information potentially relevant to the subject matter of this

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litigation.

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efforts to identify and notify parties and non-parties of their

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duties, including employees of corporate or institutional parties,

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to the extent required by the Federal Rules of Civil Procedure.

In addition, counsel shall exercise all reasonable

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PROTECTIVE ORDER

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The parties shall meet and confer regarding a protective

United States District Court

For the Northern District of California

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order for this proceeding.

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Order appointing interim lead class counsel, the parties shall

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present a stipulated protective order, or in the event a

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stipulation cannot be reached, their respective proposals.

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DISCLOSURES

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Within 30 days of the entry of an

Within 30 days of the entry of this Order, the parties

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shall complete a Rule 26(f) conference and shall make initial

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disclosures within 14 days thereafter.

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ALTERNATIVE DISPUTE RESOLUTION

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16.

Within 30 days of the entry of an Order appointing

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interim lead class counsel, the parties shall discuss the

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selection of an alternative dispute resolution process.

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FURTHER CASE MANAGEMENT CONFERENCE

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The Court shall conduct a Status Conference on July 11,

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2008 at 10:00 A.M.

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Case Management Statement ten (10) court days prior thereto.

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The parties shall electronically file a Joint

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APPLICABILITY OF ORDER

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This Order shall apply to all actions subsequently filed

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in, or transferred to, this district that are related to this MDL

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proceeding.

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to a subsequently filed or transferred case shall file a motion

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for relief supported by good cause within 30 days of the case

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being added to the master docket.

Any party objecting to the application of this Order

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DATED:

April 4, 2008

United States District Court

For the Northern District of California

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____________________________
UNITED STATES DISTRICT JUDGE

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