Erkan v. New England Compounding Pharmacy, Inc. et al

Filing 58

Judge F. Dennis Saylor, IV: ORDER AS TO RULE 26(f) DISCOVERY CONFERENCES entered. (Cicolini, Pietro)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS

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IN RE: NEW ENGLAND COMPOUNDING
PHARMACY CASES

Master Docket No.
12-12052-FDS

ORDER AS TO RULE 26(f) DISCOVERY CONFERENCES
SAYLOR, J.
Under Fed. R. Civ. P. 26(f), the parties are required to confer as soon as practicable for
various discovery-related purposes. Among other things, they are required to make or arrange
for mandatory initial disclosures as required by Fed. R. Civ. P. 26(a)(1) and develop a proposed
discovery plan. These cases involve potentially complex discovery issues, including, among
other things, issues as to the production of documents and other evidence from defendant New
England Compounding Pharmacy, Inc. Nonetheless, the Court sees no reason why the process
contemplated by Rule 26 cannot get underway as to the first-filed cases, particularly as to any
discovery issues that are likely to be relatively straightforward.
Accordingly, the Court hereby orders that the parties shall hold Rule 26(f) conferences in
the following cases on or before January 4, 2013:
1.

Erkan v. New England Compounding Pharmacy, Inc. et al., 12-cv-12052;

2.

Martin et al. v. New England Compounding Pharmacy, Inc., et al., 12-cv-12055;

3.

Doe v. New England Compounding Pharmacy, Inc. et al., 12-cv-12057;

4.

Cole v. New England Compounding Pharmacy, Inc. et al., 12-cv-12066;

5.

Thompson v. New England Compounding Pharmacy, Inc. et al., 12-cv-12074;

6.

Schroder et al. v. New England Compounding Pharmacy, Inc. et al.,12-cv-12075;

7.

Armstrong v. New England Compounding Pharmacy, Inc. et al., 12-cv-12077;

8.

Harrison v. New England Compounding Pharmacy, Inc. et al., 12-cv-12078;

9.

Weinstein v. New England Compounding Pharmacy, Inc. et al., 12-cv-12103;

10.

McDow et al. v. New England Compounding Pharmacy, Inc. et al., 12-cv-12112;

11.

Green v. New England Compounding Pharmacy, Inc. et al., 12-cv-12121; and

12.

Cary v. New England Compounding Pharmacy, Inc. et al., 12-cv-12123.

The parties should place particular emphasis, as an initial matter, on the reasonably
prompt (1) production of any insurance agreements required to be produced under Fed. R. Civ.
P. 26(a)(1)(A)(iv); (2) production of any medical records or product identification documents in
the possession of plaintiffs or their counsel; and (3) execution of appropriate authorizations for
the defendants to obtain plaintiffs’ medical records directly from providers. The parties shall
also, however, confer as to all matters contemplated by Rule 26(f), and attempt to agree on issues
or narrow and define any areas of disagreement. The Court expects that, as a general matter,
documents will produced on a “rolling” basis—that is, documents will be produced as soon as
they are ready for production, without waiting until the production is complete.
The Court will make such further orders as to the timing and scope of discovery as may
be appropriate.
So Ordered.

/s/ F. Dennis Saylor
F. Dennis Saylor IV
United States District Judge

Dated: November 29, 2012

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