UNITED STATES OF AMERICA v. AT&T INC. et al

Filing 91

Second MOTION for Order to Facilitate More Efficient Trial Preparation and Memorandum in Support by UNITED STATES OF AMERICA (Attachments: # 1 Text of Proposed Order Special Master Order No.__)(Hammond, Matthew)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA et al.,
Plaintiffs,
Civil Action No. 11-01560 (ESH)

v.

Referred to Special Master Levie

AT&T INC. et al.,
Defendants.

[PROPOSED] SPECIAL MASTER ORDER NO. ___
It is hereby ORDERED that that:
1.

Depositions:
a.

b.

2.

The non-noticing side may examine a deponent for up to 2 hours. The noticing
side may use any of the allotted deposition time that is not used by the nonnoticing side.
The duration of depositions noticed under Federal Rule of Civil
Procedure 30(b)(6) shall be either seven or, for up to 5 party depositions, fourteen
hours in total.

Schedule governing the identification of non-rebuttal trial exhibits and for resolving
any admissibility objections or confidentiality objections:
December 20: Parties submit to the Special Master either an agreed upon limit on the
number of potential trial exhibits or separate proposals as to the size of
that limit.
January 12:

Plaintiffs and Defendants provide initial lists of potential exhibits that are
nonparty documents and give notice to nonparties.

January 16:

Deadline for the submission, to the Special Master, of party or nonparty
objections respecting the potential disclosure at trial of confidential
exhibits identified on January 12.

January 18:

Deadline for the submission of responses to any January 16 objection.

January 19:

Deadline for the submission of any replies in support of any January 16
objection.

January 20:
January 21:

Plaintiffs and Defendants provide initial lists of potential exhibits that are
party documents.

January 25:

Deadline for the submission, to the Special Master, of (1) motions
respecting the admissibility of previously identified exhibits and
(2) submissions of objections respecting the potential disclosure at trial
of confidential exhibits identified on January 21.

January 27:

Deadline for the submission of responses to any January 25 motion.

January 28:

Deadline for the submission of any replies in support of any January 25
motion.

January 30:

Hearing before Special Master Levie respecting any January 25 motions.

February 2:

Plaintiffs and Defendants provide final lists of up to 50 additional
potential exhibits of party or nonparty documents and give notice to
nonparties. Any additional exhibits after February 2 shall only be
permitted for good cause shown or on agreement of the parties.

February 3:

3.

Hearing before Special Master Levie respecting any January 16
confidentiality objection.

Hearing before the Special Master to hear any motions respecting the
confidentiality or admissibility of potential exhibits identified on
February 2.

Technology tutors for the Court:
January 6:

Parties identify one tutor per side and submit to the Court either (1) an
agreed list of topics to be addressed or (2) competing proposals of
potential topics for Court consideration respecting the topics to be
addressed by the tutors.

January 23:

Teaching tutorial beginning at 10 a.m. Tutors will discuss with the Court
the issues that the Court has indicated it would like to hear about, with
each side’s tutor alternating as lead.

4.

Pretrial briefing:
January 20:

Each side to submit a legal brief of no more than 10,000 words, with no
exhibits.

February 3:

Each side to submit responsive legal briefs of no more than 4,000 words,
with no exhibits.

SO ORDERED this _____ day of ____________, 2011.

__________________________________________
Hon. Richard A. Levie (Ret.)
Special Master