Abbott Laboratories et al v. Adelphia Supply USA et al
Filing
478
ORDER summarizing rulings made at a discovery conference on May 6, 2016. Ordered by Magistrate Judge Marilyn D. Go on 5/10/2016. (Proujansky, Josh)
United States District Court
Eastern District of New York
MINUTE ORDER
15cv5826 (CBA)(MDG) Abbott Laboratories, et al. v. Adelphia Supply
USA, et al.,
This order summarizes the rulings made at a discovery
conference on May 6, 2016.
1.
The parties should use best efforts to coordinate
discovery and minimize the number of discovery requests.
To the
extent practicable, discovery should be coordinated among the
defendants within the following classifications: (a) wholesaler
and/or distributor defendants; (b) pharmacy and/or retailer
defendants; and (c) customs broker and other defendants not in the
foregoing categories.
Each defendant must advise Derrell Janey,
counsel for defendant HMF Distributing, Inc. (and other
defendants) by May 15, 2016 regarding the category in which they
seek to be classified.
Individual defendants must elect to be in
the same category as the corporation or business entity with which
they are affiliated.
Mr. Janey must file a report by May 17, 2016
listing each defendant by their self-selected category.
2.
As Mr. Janey advised at the conference and in his letter
to the court (DE 353), his firm and two other firms representing a
total of 43 wholesaler and/or distributor defendants have been
cooperating in developing a case management plan and coordinating
discovery.
To the extent practicable and not unduly burdensome,
Mr. Janey and the other attorneys with whom he has been
cooperating are requested to attempt to coordinate discovery with
counsel for other wholesaler and/or distributor defendants.
Similarly, John Craig, counsel for certain pharmacy and/or
retailer defendants, indicated at the conference that he and his
firm intend to cooperate in discovery with attorneys representing
certain other pharmacy and/or retailer defendants.
To the extent
practicable and not unduly burdensome, these attorneys are
requested to attempt to coordinate discovery with counsel for
other pharmacy and/or retailer defendants.
3.
To facilitate the exchange of discovery, plaintiffs have
agreed to create, at their expense, a web-based repository to
store all written discovery requests and responses, including all
documents produced, in this action.
All discovery requests and
responses shall be exchanged through this web-based repository to
be established.
Each defendant must review the requests contained
in the repository prior to serving their own requests.
No
defendants will be permitted to serve plaintiffs with any
discovery requests which are duplicative of requests already
served by other defendants.
4.
dates:
Initial disclosures must be served by the following
by plaintiffs -- May 20, 2016; by the defendants named in
the First Amended Complaint -- June 2, 2016; and by the defendants
added in the Second Amended Complaint -- June 10, 2016.
5. Before any defendant, or group of defendants, may serve a
discovery request, such defendant must circulate the request to
all other defendants within the same classification at least one
week before the contemplated date for service of the request,
subject to the following restrictions on timing:
(A)
The group of wholesaler and/or distributor defendants
coordinated by Mr. Janey's firm may not serve discovery requests
on plaintiffs before June 9, 2016.
H&H Wholesale Services, Inc.,
Howard Goldman and Lori Goldman ("H&H) advised at the conference
that they intend to conduct discovery independently of other
wholesaler and/or distributor defendants.
H&H may not serve
discovery requests on plaintiffs before June 10, 2016.
Any other
wholesaler and/or distributor defendant not working with the
coordinated group of defendants may not serve discovery requests
before June 16, 2016.
(B)
The coordinated group of pharmacy and/or retailer
defendants coordinated by Mr. Craig's firm may not serve discovery
requests before June 17, 2016.
Any other pharmacy and/or retailer
defendant may not serve discovery requests before June 24, 2016.
(C) Absolute Freight Services and Luis Soto, and any other
defendant in the "other" classification of defendants may not
serve discovery requests before June 24, 2016.
6.
Responses to discovery requests shall not be due until
the later of 30 days after disposition of the motions to stay or
30 days after service of the requests.
A scheduling order for the remaining discovery will be
discussed at the next conference scheduled for June 30, 2016 at
10:00 a.m.
SO ORDERED.
Dated:
Brooklyn, New York
May 10, 2016
_/s/__________________________
MARILYN D. GO
UNITED STATES MAGISTRATE JUDGE
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