Ontario Teachers' Pension Plan Board, et al v. Teva Pharmaceutical Industries Ltd. et al

Filing 298

ORDER. Civil Case Management Order. Signed by Judge Stefan R. Underhill on 11/18/19. (Rosenberg, J.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

ONTARIO TEACHERS’ PENSION PLAN
BOARD, Individually and as Lead Plaintiff
on behalf of all others similarly situated;
and

No. 3:17-cv-558 (SRU)

ANCHORAGE POLICE & FIRE
RETIREMENT SYSTEM, Individually and
as Named Plaintiff on behalf of all similarly
situated bond purchasers,
Plaintiffs,
v.
TEVA PHARMACEUTICAL
INDUSTRIES LTD.; EREZ VIGODMAN;
EYAL DESHEH; SIGURDUR
OLAFSSON; DEBORAH GRIFFIN; and
TEVA PHARMACEUTICAL FINANCE
NETHERLANDS III B.V.,
Defendants.
CIVIL CASE MANAGEMENT ORDER
After consultation with counsel for the parties, I adopt the following Case Management
Order. This plan is also a scheduling order pursuant to Fed. R. Civ. P. 16 and 26(f).
I.

INITIAL DISCLOSURES
1. Initial disclosures were due to be served by 5 PM Eastern Standard Time on

November 15, 2019.
II.

CONSOLIDATION
1. The parties shall make submissions regarding the consolidation of this case and the

19 other related actions pending before me no later than December 13, 2019.

III.

JOINDER OF PARTIES, AMENDMENT OF PLEADINGS, AND MOTIONS
ADDRESSED TO THE PLEADINGS
1. Plaintiffs are allowed until September 4, 2020 to file motions to join additional parties

and to amend the pleadings. Motions filed after September 4, 2020 will require, in addition to
any other requirements under the applicable rules, a showing of good cause for the delay.
2. In the event that Plaintiffs move to add additional parties or to amend the complaint,
Defendants are allowed until October 5, 2020 to file motions to join additional parties and/or a
response to any motion to amend the pleadings. Motions filed after October 5, 2020 will require,
in addition to any other requirements under the applicable rules, a showing of good cause for the
delay.
IV.

DISCOVERY
1. All fact discovery will be completed (not propounded) by February 26, 2021.
2. Fact depositions will commence as soon as practicable and will be completed by

February 26, 2021.
3. The parties will designate all trial experts (“Trial Experts”) and serve their reports
pursuant to Fed. R. Civ. P. 26(a)(2) (“Opening Reports”) by March 26, 2021.
4. The parties will designate all rebuttal trial experts (“Rebuttal Experts”) and serve their
reports pursuant to Fed. R. Civ. P. 26(a)(2) (“Rebuttal Reports”) by May 28, 2021.
5. Trial Experts shall be deposed by July 2, 2021.
6. Rebuttal Experts shall be deposed by August 4, 2021.
7. A damages analysis will be provided by any party who has a claim or counterclaim
for damages by March 26, 2021.
8. Any rebuttal damages analyses shall be submitted by May 28, 2021.
9. Counsel will meet and confer to discuss the disclosure and preservation of computer2

based and other electronically stored information (“ESI”) and must have concluded the meet and
confers regarding the preservation, retrieval, and production of ESI (including without limitation
search terms and form of production) by November 15, 2019. Counsel will also meet and confer
regarding the preservation, retrieval, and production of paper and other non-electronic
information, and must have concluded such meet and confers by November 15, 2019.
V.

PRIVILEGE LOGS; ASSERTING PRIVILEGE CLAIMS AFTER PRODUCTION
1. The creation of privilege logs will be consistent with Fed. R. Civ. P. 26(b)(5)(A),

and the parties will exchange privilege logs on a rolling basis, with the final privilege log to be
served by March 12, 2021.
2. Consistent with Fed. R. Civ. P. 26(b)(5)(B), if information produced in discovery
is later subject to a claim of privilege or of protection as trial-preparation material, including
information protected by the work-product doctrine, the party making the claim may notify any
party that received the information of the claim and the basis for it. After being notified, a
receiving party must promptly sequester the specified information and any copies it has; must not
use or disclose the information (except to the Court) until the claim is resolved; must take
reasonable steps to retrieve the information if the receiving party disclosed it before being
notified; and may, within fourteen (14) days after sequestering the disclosed information, present
the information to the Court under seal for an order that the claim of privilege or protection does
not apply. The producing party may respond within ten (10) days, and the receiving party may
reply within seven (7) days. The receiving party must preserve the information as privileged
until the claim is resolved.
VI.

CLASS CERTIFICATION
1. Any motion for class certification and related expert report(s) may be filed no later

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than June 19, 2020. Such experts (supporting class certification) shall be deposed no later than
October 9, 2020.
2. Memoranda in opposition to any motion for class certification and related expert
report(s) may be filed no later than August 7, 2020. Such experts (opposing class certification)
shall be deposed no later than November 6, 2020.
3. Memoranda in further support of any motion for class certification and any related
expert report(s) may be filed no later than December 4, 2020. Such experts (supplemental
support of class certification) shall be deposed no later than December 18, 2020.
VII.

SUMMARY JUDGMENT MOTIONS
1. Summary judgment motions, which must comply with Local Rule 56, shall be filed

on or before August 23, 2021.
VIII. JOINT TRIAL MEMORANDUM
1. The joint trial memorandum required by the Standing Order on Trial Memoranda in
Civil Cases will be filed no later than October 22, 2021, which is 60 days after the deadline for
summary judgment motions. If summary judgment motions are filed, the joint trial
memorandum shall be filed no later than 60 days after the ruling on any summary judgment
motions.
IX.

TRIAL READINESS
1. The case will be ready for trial 60 days after the filing of the joint trial memorandum,

which will be December 21, 2021, unless summary judgment motions are filed.
X.

DISCOVERY DISPUTES
1. The following procedures shall apply when resolving discovery disputes between the

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parties. Prior to seeking judicial resolution of a discovery dispute, counsel for the parties shall
attempt to confer in good faith in person or by telephone in an effort to resolve the dispute, in
conformity with Fed. R. Civ. P. 37(a)(1). If the parties are unable to resolve the dispute by
meeting and conferring, the disputing party may send a letter brief to the Court, which the Court
will docket. Each letter brief shall not exceed three (3) pages in length, exclusive of any cover
page and exhibits. Such letter briefs must include a representation that the meet-and-confer
process occurred and was unsuccessful and shall outline the nature of the dispute and attach
relevant materials.
XI.

DATE CALCULATION AND MOTIONS FOR EXTENSION OF TIME
1. If any of the dates set forth herein fall on a weekend, holiday, or a day on which the

Court is closed, the following business day shall substitute as the operative date.
2. Any motions for extension of time: (i) must comply with the requirements of Local
Rule 7(b), (ii) shall not be granted by the mere agreement of counsel, (ii) will be granted only for
good cause even when the parties are in agreement to such motion, and (iv) will be looked upon
with disfavor. Absent an agreement by the parties to a motion for extension of time, the motion
will be granted only under the most compelling circumstances.
XII.

PRETRIAL SCHEDULE
1. The following table provides the Pretrial Schedule as set forth in this Order:

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EVENT

DEADLINE

Initial Disclosures

November 15, 2019

Meet and confers re: ESI and other documents

November 15, 2019

Consolidation submissions filed

December 13, 2019

Motions for class certification and related expert reports filed

June 19, 2020

Opposition to motions for class certification and related expert August 7, 2020
reports filed
Plaintiffs’ motions to join additional parties and to amend the
pleadings

September 4, 2020

Defendants’ motions to join additional parties and to respond
to any motion to amend the pleadings

October 5, 2020

Depositions of experts supporting class certification
completed

October 9, 2020

Depositions of experts opposing class certifications completed November 6, 2020
Reply in support of class certification and related expert
reports filed

December 4, 2020

Depositions of experts providing supplemental support for
class certification completed

December 18, 2020

Fact discovery completed

February 26, 2021

Fact depositions completed

February 26, 2021

Final privilege log served

March 12, 2021

Trial expert reports served

March 26, 2021

Damages analyses served

March 26, 2021

Rebuttal expert reports served

May 28, 2021

Rebuttal damages analyses served

May 28, 2021

Trial expert depositions completed

July 2, 2021

Rebuttal expert depositions completed

August 4, 2021

Motions for Summary Judgment filed

August 23, 2021

Joint trial memorandum filed

October 22, 2021 (or later)

Trial readiness

December 21, 2021 (or later)

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So ordered.

Dated at Bridgeport, Connecticut, this 18th day of November 2019.

/s/ STEFAN R. UNDERHILL
Stefan R. Underhill
United States District Judge

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