Young et al v. LG Chem, LTD et al

Filing 62

ORDER SETTING INITIAL CONFERENCE regarding MDL No. 2420 Initial Case Management Conference set for Wednesday, 4/3/2013 02:00 PM in Courtroom 5, 2nd Floor, in US Courthouse, Ronald V. Dellums Federal Building Signed by Judge Yvonne Gonzalez Rogers on 3/4/2013. (Attachments: # 1 Exhibits A and B)(fs, COURT STAFF) (Filed on 3/4/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MDL No.: 2420

IN RE:

LITHIUM ION BATTERIES ANTITRUST
LITIGATION

United States District Court
Northern District of California

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ORDER SETTING INITIAL CONFERENCE

THIS DOCUMENT RELATES TO:
ALL CASES

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Preamble. The Court wishes to express clearly its expectation that professionalism,

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courtesy, and civility will endure throughout these proceedings. The Manual for Complex

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Litigation, Fourth at section 10.21 captures the spirit in these terms:

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The added demands and burdens of complex litigation place a premium on attorney
professionalism, and the judge should encourage counsel to act responsibly. The
certification requirements of Federal Rules of Civil Procedure 11 and 26(g) reflect
some of the attorneys’ obligations as officers of the court.

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Because of the high level of competence and experience that attorneys ordinarily bring to this type

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of litigation, the Court is confident that this objective will be achieved without judicial intervention.

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The Court HEREBY ORDERS:

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1.

Initial Conference. All parties shall appear for a conference with the undersigned

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on April 3, 2013 at 2:00 p.m. in Courtroom 5, United States Courthouse, Ronald V. Dellums

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Federal Building, 1301 Clay Street, Oakland, California.

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a.

Attendance. To minimize costs and facilitate a manageable conference, parties

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are not required to attend the conference, and parties with similar interests are expected to agree

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to the extent practicable on a single attorney to act on their joint behalf at the conference. A

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party will not, by designating an attorney to represent its interests at the conference, be

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precluded from other representation during the litigation; and attendance at the conference will

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not waive objections to jurisdiction, venue, or service.
b.

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Other Participants. Persons who are not named as parties in this litigation but

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may later be joined as parties or are parties in related litigation pending in other federal and

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state courts are invited to attend in person or by counsel.

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2.

Purposes and Agenda. The conference will be held for the purposes specified in

Fed. R. Civ. P. 16(a), 16(b), 16(c), and 26(f) and subject to the sanctions prescribed in Rule 16(f).

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More particularly, for this initial conference, a tentative agenda is appended as Attachment A. The

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Court anticipates additional conferences will be required to address additional issues such as those

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United States District Court
Northern District of California

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appended as Attachment B. However, the Court will entertain counsel’s requests to address other

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items not specifically on Attachment A. Any such requests must be filed by March 28, 2013.

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3.

Preparations for Conference.
a.

Procedures for Complex Litigation. Counsel are expected to familiarize

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themselves with the Manual for Complex Litigation, Fourth and be prepared at the conference

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to suggest procedures that will facilitate the just, speedy, and inexpensive resolution of this

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litigation.

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b.

Initial Conference of Counsel. Before the conference, counsel shall confer and

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seek consensus to the extent possible with respect to the items on the agenda, including a

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proposed discovery plan under Rule 26(f) and a suggested schedule under Rule 16(b) for

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joinder of parties, amendment of pleadings, consideration of any class action allegations,

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motions, and trial.

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c.

Joint Preliminary Statement. Counsel shall submit to the Court by March 28,

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2013, a preliminary statement. The parties shall be limited to one such submission for each of

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the following three groups: (i) all direct purchaser plaintiffs, (ii) all indirect purchaser plaintiffs,

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and (iii) defendants. The statement shall include:

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i. Each group’s preliminary understanding of the facts involved in the
litigation and the critical factual and legal issues;

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ii. A list of all pending motions;

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iii. A list of all related cases pending in state or federal court and their
current status, to the extent known; and

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iv. A proposed schedule.

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d.

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List of Affiliated Companies and Counsel. To assist the Court in identifying any

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problems of recusal or disqualification, counsel will submit to the Court by March 28, 2013, a

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list of all companies affiliated with the parties and all counsel associated in the litigation.

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4.

Interim Measures. Until otherwise ordered by the court:
a.

Admission of Counsel. Attorneys admitted to practice and in good standing in

any United States District Court are admitted pro hac vice in this litigation. Association of

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Northern District of California

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local co-counsel is not required.

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b.

Pleadings. Each defendant is granted an extension of time for responding by

motion or answer to the complaint(s) until a date to be set at the initial conference.
c.

Pending and New Discovery. Pending the conference, all outstanding disclosure

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and discovery proceedings are stayed and no further discovery shall be initiated. This order

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does not (1) preclude voluntary informal discovery regarding the identification and location of

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relevant documents and witnesses; (2) preclude parties from stipulating to the conduct of a

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deposition that has already been scheduled; (3) prevent a party from voluntarily making

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disclosures, responding to an outstanding discovery request under Federal Rule of Civil

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Procedure 33, 34, or 36; or (4) authorize a party to suspend its efforts in gathering information

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needed to respond to a request under Rule 33, 34, or 36. Relief from this stay may be granted

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for good cause shown, such as the ill health of a proposed deponent.

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d.

Preservation of Records. 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 duty extends to documents, data,

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and tangible things in the possession, custody and control of the parties to this action, and any

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employees, agents, contractors, carriers, bailees, or other nonparties who possess materials

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reasonably anticipated to be subject to discovery in this action. “Documents, data, and tangible

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things” shall be interpreted broadly to include writings, records, files, correspondence, reports,

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memoranda, calendars, diaries, minutes, electronic messages, voice mail, E-mail, telephone

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message records or logs, computer and network activity logs, hard drives, backup data,

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removable computer storage media such as tapes, discs and cards, printouts, document image

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files, Web pages, databases, spreadsheets, software, books, ledgers, journals, orders, invoices,

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bills, vouchers, checks statements, worksheets, summaries, compilations, computations, charts,

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diagrams, graphic presentations, drawings, films, charts, digital or chemical process

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photographs, video, phonographic, tape or digital recordings or transcripts thereof, drafts,

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jottings and notes, studies or drafts of studies or other similar such material. Information that

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serves to identify, locate, or link such material, such as file inventories, file folders, indices, and
metadata, is also included in this definition. Until the parties reach an agreement on a

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United States District Court
Northern District of California

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preservation plan or the Court orders otherwise, each party shall take reasonable steps to

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preserve all documents, data and tangible things containing information potentially relevant to

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the subject matter of this litigation. Counsel is under an obligation to the Court to exercise all

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reasonable efforts to identify and notify parties and non-parties, including employees of

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corporate or institutional parties.
e.

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Motions. No motion shall be filed under Rule 11, 12, or 56 without leave of court

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and unless it includes a certificate that the movant has conferred with opposing counsel in a

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good-faith effort to resolve the matter without court action.
f.

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Orders of Transferor Courts. All orders by transferor courts imposing dates for

pleading or discovery are vacated.
5.

Later Filed Cases. This order shall also apply to related cases later filed in,

removed to, or transferred to this Court.
6.

Lead and Liaison Counsel Appointments.
a.

Liaison Counsel. Prior to the initial conference, and to the extent they have not

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already done so, counsel shall confer and seek consensus on the selection of a candidate for the

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position of liaison counsel who will be charged with essentially administrative matters. The

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parties shall provide a proposed order regarding appointment of same. Appointment of liaison

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counsel shall be subject to the approval of the Court. If parties cannot among themselves agree

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to the appointment of the liaison counsel, the Court will address the matter at the initial

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conference. At the first conference liaison counsel and/or the parties should be prepared to

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discuss any additional needs for an organizational structure or any additional matters consistent

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with the efficient handling of this matter.

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b.

Plaintiffs’ Steering Committee. The Court intends to appoint a Plaintiffs’

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Steering Committee (“PSC”) to conduct and coordinate the discovery stage of this litigation

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with the defendants’ representatives or committee. Prior to the initial conference, counsel for

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the plaintiffs, to the extent they have not already done so, shall confer and seek consensus on

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membership on the PSC and parties shall provide a proposed order regarding appointment of

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United States District Court
Northern District of California

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same. Appointment to the PSC shall be subject to the approval of the Court.
The main criteria for membership in the PSC will be: (a) willingness and

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availability to commit to a time-consuming project; (b) ability to work cooperatively with

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others; and (c) professional experience in this type of litigation. Applications/nominations

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should succinctly address each of the above criteria as well as any other relevant matters. The

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Court will only consider attorneys who have filed a civil action in this litigation. If parties

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cannot among themselves agree to the membership of the PSC, the Court will address the

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matter at the initial conference. At the initial conference PSC and/or the parties should be

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prepared to discuss any additional needs for an organizational structure or any additional

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matters consistent with the efficient handling of this matter.

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IT IS SO ORDERED.

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Date: March 4, 2013

_______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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