SMITH v. MERIAL LIMITED et al

Filing 70

Consent Order regarding limited discovery; Defendants shall begin serving responsive material to the discovery request within 30 days of the date hereof; Status Conference scheduled before Judge Martini for 6/18/13 at 10AM, etc. Signed by Judge William J. Martini on 3/19/13. (gh, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civil Action No. lO-439(WJM)(MF)
SANDY SMITH, et al.,
Plaintiffs,
V.

MERIAL LIMITED,
Defendant.
Civil Action No. 1 O-442(WJM)(MF)
BRIAN McDONOUGH, et aL,
Plaintiffs,
V.

BAYER HEALTHCARE, LLC,
Defendant.
Civil Action. No. lO-1050(WJM)(MF)
AUNDRIA ARLANDSON, et al.,
Plaintiffs,
V.

HARTZ MOUNTAIN CORPORATION, et al.,
Defendants.
Civil Action No. 10-1391 (WJM)(MF)
KRISTY SNYDER, et al.,
Plaintiffs,
V.

FARNAM COMPANIES, INC., et al.,
Defendants.

Civil Action o. l0-6372(WJM)(MF)
SUNNY JOHANSSON, et at.,
Plaintiffs,
V.

CENTRAL GARDEN & PET COMPANY, et at.,
Defendants.
Civil Action. No. 1 1-6976(WJM)(MF)
LYNDA FROST, et at.,
Plaintiffs,
V.

FIDOPHARM, INC., et at.,
Defendants.

CONSENT ORDER REGARDING LIMITED DISCOVERY
THIS MATTER having been brought before the Court by Plaintiffs and
Defendants to these consolidated actions (the “Actions”) through their undersigned counsel; and
WHEREAS on February 4, 2013 this Court scheduled an in-person status
conference in the Actions (Dkt. No. 144)1; and
WHEREAS on February 26, 2013 counsel appeared before the Hon. William J.
Martini, U.S.D.J. for the status conference. During that status conference, Judge Martini advised
the parties that they were to engage in limited discovery the scope and duration of which they
were to meet-and-confer regarding and report back to the Court (Dkt. No. 145);

All references to docket entries are from the Arlandson action (Civ. No. 10-1050). Each
of the Actions has a similar entry on its docket.

2

____________

WHEREAS the parties met-and-conferred regarding the scope and duration of the
limited discovery and determined that they needed additional time to complete the meet-andconfer process. Accordingly, the parties sought, and the Court granted them an additional time
to report back to the Court regarding the scope and duration of the limited discovery, and
WHEREAS the parties have completed the meet-and-confer process and have
agreed on the scope and duration of the limited discovery ordered by the Court; and the Court
having reviewed the submission of counsel, and for good cause shown,
IT IS HEREBY ORDERED on this

day

of March,

2013,

as

follows:
I.

Plaintiffs have requested production of the following information in

categories (a) through (d) below (the “Discovery Request”), and the non-retail defendants (the
“Product Defendants”) have agreed to produce certified responses and documents setting forth
2
the requested information or appropriate objections within the time provided in Paragraph 2
below which are within the Production Request.

Neither side shall be prejudiced by the

production or lack thereof of any information or documents.

Subject to Paragraph 2 below,

Product Defendants shall provide:
a.

b.

2

Information regarding the total units sold by the Product
Defendants of the products Plaintiffs allege in their current
respective operative complaints in the above captioned actions to
have purchased in the United States for the period January 1, 2010
to December 31, 2012, and setting forth the gross revenue from
such sales broken down to the extent practicable by individual
product and by year;
Summary information regarding safety-related adverse events in
animals in the United States related to the products Plaintiffs allege

The “Product Defendants” shall be comprised of Merial Limited, Bayer Healthcare, LLC,
Hartz Mountain Corp., Farnam Companies, Inc., Wellmark, Fidopharm, Sergeant’s Pet
Care Products, Inc., Summit Vetpharm, LLC, and Velcera, Inc.

3

in their Complaint to have purchased for the period January 1,
2010 to December 31, 2012;
c.

d.

2.

Information submitted by the Product Defendants to the EPA
regarding safety-related adverse events in animals in the United
States related to the products Plaintiffs allege in their Complaint to
have purchased for the period January 1, 2010 to December 31,
2012; and
Information regarding the existence and terms of any voluntary
reimbursement policies or programs in effect for the Product
Defendants in the United States related to the products Plaintiffs
allege in their Amended Complaint to have purchased for the
period January 1, 2010 to December 31, 2012.

Defendants shall ce serving responsive material to the Discovery

Request within thirty (30) days of the date hereof, and complete production of all additional
responsive material within sixty (60) days of the date hereof.
3.

In any action where there is more than one Product Defendant, the Product

Defendants’ responsive material, if any, shall be served only on Plaintiffs’ counsel and not on
any other Defendant.
4.

Each party shall submit a memorandum to the Court following the

conclusion of this limited discovery period, setting forth their position as to the respective
actions including what the discovery reveals and what course the litigation should take. These
memoranda are to be no longer than five pages each and should be submitted to Chambers on or
before

-

L LL /c
5.

2013

The Court shall hold a status conference

,

2013,

to discuss the status of these Actions and what further proceedings, if any, may be appropriate.
6.

A copy of this Order shall be served on all :ounsel of record via ECF.

4

IT IS SO ORDERED.

WILL

Dated: March

.

ARTINI, U.S.D.J.

[/f 1 2013

CONSENTED AND AGREED TO BY:
CARELLA, BYRNE, CECCHI, OLSTEIN,
BRODY & AGNELLO

GREEN & ASSOCIATES, LLC
Is! Michael S Green
Michael S. Green
522 Route 18, P.O. Box 428
East Brunswick, New Jersey 08816
[phone]

Is! James E. Cecchi
James E. Cecchi
Lindsey H. Taylor
5 Becker Farm Road
Roseland, New Jersey 07068
[phone]

Attorneys for Plaintiffs (ArlandsonlSmitW
McDonough!Snyder/Frost/Valentine)

Attorneys for Plaintiffs
(Arlandson/Johansson/
Cedeno/Shelby/Walsh/Ainsley)
KANTROWITZ, GOLDHAMER &
GRAIFMAN, P.C.

COHN LIFLAND PEARLMAN HERRMANN
& KNOPFF

/s/ Gary S. Grailman
210 Summit Avenue
Montvale, New Jersey 07645
[phone]

Is! Jeffrey W. Hermann
Jeffrey W. He:nann
Park 80 Plaza West-One
Saddle Brook, New Jersey 07663
[phone]

Attorney for Plaintiffs
(An andson/Smith/McDonoughlSnyder/Frost/
Valentine)

Attorneys for Plaintiffs
(Arlandson/SmithfMcDonoughlSnyder/FrostJ
Valentine)

5

_________________________

DIAMOND LAW OFFICE, LLC

/s/ Paul Diamond
Paul Diamond
1605 John Street, Suite 102
Fort Lee, New Jersey 07024
[phone]
Attorney for Plaintiffs
(Arlandson/SrnithfMcDonoughlSnyder/FrostJ
Valentine)

—

LOWENSTEIN SANDLER, LLP

COUGHLIN DUFFY LLP

Is/Alan Stuart Modlinger
Gavin J. Rooney
Kristin Muir
65 Livingston Avenue
Roseland, NJ 07666
[phone]

Is! Kelly A. Waters
Kelly A. Waters
Timothy P. Smith
350 Mount Kemble Avenue
Morristown, NJ 07962
[phone]

Attorney for Defendants (Merial/Merck)

COUGHLIN DUFFY LLP

Attorneys for Defendants (FarnanilWellmark!
Central Garden)
—

/s/Lorna A. Dotro

Is! Beth S. Rose
S. Rose
Vincent Lodato
One Riverfront Plaza
Newark, New Jersey 07102
[phone]

Lorna A. Dotro

Beth

Mark K. Silver
350 Mount Kemble Avenue
Morristown, NJ 07962
[phone]
Attorney for Defendants (Bayer)

Attorneys for Defendants
(Fidopharm/VelceralWal-Mart)
HINSHAW & CULBERTSON LLP

BLOOM & DILLON, P.C.
Is!

SILLS CUMMIS & GROSS P.C.

J. Dillon
Paul J. Dillon
70 South Orange Avenue, Suite 240
Livingston, NJ 07039
[phone]

Is! Daniel E. Tranen
Daniel E. Tranen
Geoffrey M. Coan
28 State Street ‘4th Floor
Boston, MA 02 109-1775
[phone]

Paul

Attorney for Defendants (Sergeant’s, Target
and PetSmart)

Attorneys for Defendants (Summit VetPharm)

6

KELLEY DRYE & WARREN LLP

Is! Geoffrey W. Castello
Jonathon K. Cooperman
Geoffrey W. Castello
200 Kimball Drive
Parsippany, NJ 07054
(973) 503590O
Attorney for Defendants (Hartz and Wal
Mart)

7