Unites States of America v. Apple, Inc. et al

Filing 129

ENDORSED LETTER addressed to Judge Denise L. Cote from Andrew J. Frackman dated 9/17/2012 re: Counsel writes in response to Amazon's September 14 letter. We disagree with Amazon and believe the case authority shows that this Court, where the MDL is pending, has jurisdiction over discovery disputes. We enclose a courtesy copy of the notice we have filed in the Western District of Washington that sets forth the relevant case authority. ENDORSEMENT: This Court shall promptly address the discovery dispute in the event it is transferred form the Western District of Washington. (Signed by Judge Denise L. Cote on 9/18/2012) Filed In Associated Cases: 1:11-md-02293-DLC, 1:12-cv-02826-DLC (djc)

also filed in 11-md-02293 (DLC)

Case 2:12-mc-00186-MJP Document 3 Filed 09/17/12 Page 1 of 4

Chief Judge Marsha J. Pechman

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UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
IN RE ELECTRONIC BOOKS ANTITRUST
LITIGATION

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Case No. 12-mc-00186-MJP
NOTICE OF MULTIDISTRICT
LITIGATION

Action Pending in:
United States District Court, Southern District
of New York (11-md-02293-DLC)

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Amazon.com, Inc. (“Amazon”) moved on Friday to quash a non-party subpoena served
on it by defendants in a consolidated multidistrict litigation (“MDL”) pending before The
Honorable Denise Cote in the Southern District of New York. In a highly confidential
submission, defendants requested permission from Judge Cote, also on Friday, to move to

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compel Amazon’s compliance with that same subpoena. Defendants respectfully request that
this Court transfer Amazon’s motion to Judge Cote so that it can be considered with related
issues in the MDL.
It is common for the court handling an MDL litigation to resolve discovery disputes
arising from subpoenas served in other districts. Federal law provides that an MDL judge may
“exercise the powers of a district judge in any district for the purpose of conducting pretrial

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depositions in such coordinated or consolidated pretrial proceedings.” 28 U.S.C. § 1407(b). The
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NOTICE OF MULTIDISTRICT LITIGATION - 1
CASE NO. 12-MC-00186-MJP

Case 2:12-mc-00186-MJP Document 3 Filed 09/17/12 Page 2 of 4

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vast majority of federal courts to consider the issue have interpreted Section 1407(b) as

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conferring jurisdiction on the MDL judge over disputes relating to non-party document

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subpoenas. See., e.g., U.S. ex. rel. Pogue v. Diabetes Treatment Ctrs. of America, Inc., 444 F.3d

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462, 469 n. 4 (6th Cir. 2006) (“the rationale underlying the MDL statute . . . requires the
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conclusion that Section 1407(b)’s grant of authority applies to both deposition subpoenas and

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documents-only subpoenas”); In re Welding Rod Prods. Liab. Litig., 406 F. Supp. 2d 1064,

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1066–7 (N.D. Cal. 2005) (transferring motion to quash document subpoena to MDL judge, who

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was “readily familiar with the underlying issues” and explaining that “most courts” apply

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Section 1407(b) to document subpoenas); In re Subpoenas Served on Wilmer, Cutler &
Pickering and Goodwin Proctor LLP, 255 F. Supp. 2d 1, 2 (D.D.C. 2003) (remitting motion to

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quash subpoena duces tecum to MDL judge, who was “already familiar with [the] massive
litigation” and had consented to hearing motions to quash).1 The sole case cited by Amazon,

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SEC v. CMKM Diamonds, Inc., 656 F.3d 829 (9th Cir. 2011), is inapposite because it did not

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involve an MDL and has nothing to do with Section 1407(b).

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There are clear efficiencies in having a single court adjudicate discovery disputes in an
MDL such as this, involving 30 different actions from 3 different districts. Furthermore, Judge
Cote has presided over these actions for approximately nine months, she is familiar with the

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issues and parties in the case, and she already has presided over discovery disputes on related
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Three years before the holding in In re Welding, another court in the Northern District of California held that
Section 1407(b) does not apply to document subpoenas. See VISX, Inc. v. Nidek Co., 208 F.R.D. 615, 616 (N.D.
Cal. 2002). But several courts have criticized and disagreed with the holding in VISX. See In re Welding, 406 F.
Supp. 2d at 1066 (explaining that VISX’s holding does not comport with the purpose of Section 1407 and is contrary
to the weight of authority); U.S. ex rel. Pogue v. Diabetes Treatment Centers of America, Inc., 238 F. Supp.2d 270,
275 (D.D.C. 2002) (disagreeing with VISX because most courts have extended Section 1407 to the enforcement of
document subpoenas); HCA, Inc. v. U.S. ex rel. Pogue, No. 3:02-MC-0047, 2002 WL 31953748, at *4 (M.D. Tenn.
Nov. 21, 2002) (disagreeing with VISX’s holding because it contained “little analysis of the purpose of section
1407(b) or other case law” and finding the reasoning of contrary cases “more persuasive”).
NOTICE OF MULTIDISTRICT LITIGATION - 2
CASE NO. 12-MC-00186-MJP

Case 2:12-mc-00186-MJP Document 3 Filed 09/17/12 Page 3 of 4

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issues in the MDL—including another dispute between two parties that relates to Amazon. The

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parties, recognizing these efficiencies, agreed in their Initial Report that Judge Cote would “to

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the full extent allowed by law . . . hear any discovery disputes regarding non-party subpoenas

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served in connection with the actions, including motions to quash or modify and motions to
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compel.” (Attached as Exhibit A.) In reviewing this section of the draft Joint Initial Report at a

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status conference, Judge Cote confirmed that she was “happy” to “exercise jurisdiction over

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discovery disputes.” (See Transcript of 6/22/2012 Status Conference (attached as Exhibit B) at

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28:5–9.) Accordingly, defendants, as required by Judge Cote’s rules, have filed a pre-motion

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letter bringing the dispute with Amazon before the MDL court.
For these reasons, defendants respectfully request that this Court transfer the present

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dispute to Judge Cote to be considered as part of the MDL.
DATED: September 17, 2012.
By s/Christopher B. Wells
Christopher B. Wells, WSBA No. 08302
[e-mail]

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By s/Michelle K. Peterson
Michelle K. Peterson, WSBA No. 33598
[e-mail]

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LANE POWELL PC
1420 Fifth Avenue, Suite 4100
Seattle, WA 98101
[phone]

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Attorneys for Apple Inc.

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NOTICE OF MULTIDISTRICT LITIGATION - 3
CASE NO. 12-MC-00186-MJP

Case 2:12-mc-00186-MJP Document 3 Filed 09/17/12 Page 4 of 4

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CERTIFICATE OF SERVICE

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The undersigned certifies under penalty of perjury under the laws of the State of

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Washington, that on the 17th day of September, 2012, the document attached hereto was

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presented to the Clerk of the Court for filing and uploading to the CM/ECF system.

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accordance with their ECF registration agreement and the Court's rules, the Clerk of the Court

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will send e-mail notification of such filing to all CM/ECF participants and any non-CM/ECF

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participants will be served in accordance with the Federal Rules of Civil Procedure.

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Majorie Alison Walter
KIPLING LAW GROUP PLLC
3601 FREMONT AVENUE N
STE 414
SEATTLE, WA 98103
206-545-0347
Email: [e-mail]

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by CM/ECF
by Electronic Mail
by Facsimile Transmission
by First Class Mail
by Hand Delivery
by Overnight Delivery
Michael E Kipling
KIPLING LAW GROUP PLLC
3601 FREMONT AVENUE N
STE 414
SEATTLE, WA 98103
206-545-0345
Fax: [phone]
Email: [e-mail]
by CM/ECF
by Electronic Mail
by Facsimile Transmission
by First Class Mail
by Hand Delivery
by Overnight Delivery

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s/ Peter C. Elton
Peter C. Elton

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NOTICE OF MULTIDISTRICT LITIGATION - 4
CASE NO. 12-MC-00186-MJP

In

Case 2:12-mc-00186-MJP Document 3-1 Filed 09/17/12 Page 1 of 43

Exhibit A

Case 1:11-md-02293-DLC Document 193 Filed 09/17/12 Page 2 of 43
Case 2:12-mc-00186-MJP Document 3-1 Filed 07/06/12 Page 1 of 36

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,
Plaintiff,

v.
APPLE, INC., eta!.,
Defendants.

IN RE ELECTRONIC BOOKS
ANTITRUST LITIGATION

This document relates to:
ALL ACTIONS

THE STATE OF TEXAS;
THE STATE OF CONNECTICUT; eta!
Plaintiffs,
v.
PENGUIN GROUP (USA) INC. eta!,
Defendants.

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Civil Action No. 12-cv-2826 (DLC)

Civil Action No. 11-md-02293 (DLC)

CLASS ACTION

Civil Action No. 12-cv-03394 (DLC)

JOINT INITIAL REPORT- REVISED JULY 6, 2012

Case 1:11-md-02293-DLC Document 193 Filed 09/17/12 Page 3 of 43
Case 2:12-mc-00186-MJP Document 3-1 Filed 07/06/12 Page 2 of 36

Pursuant to section I(A) of the Standing Order for the Pilot Project Regarding Case
Management Techniques for Complex Civil Cases in the Southern District of New York ("Pilot
Project Standing Order"), which, by order ofthis Court, governs pretrial procedures in this
matter, all parties in the above-referenced actions submit this Initial Report. Unless explicitly
stated, nothing in this Initial Report shall be construed to create, limit, or waive any rights,
privileges, or defenses, including the attorney-client or any other applicable privileges and any
defense based on lack of personal jurisdiction or improper venue.
If one or more of the proposed settlements pending before the Court is not approved or
otherwise is not finalized, or if any settlement in one of the above-referenced actions does not
dispose of all claims against all Settling Defendants for all plaintiffs in that action, the parties
will meet and confer promptly to determine whether any provisions of this Initial Report should
be amended.
The original Initial Report (filed June 15, 2012) included a number of objections and
disputes by the parties (which are preserved in the record). Since that time, those objections and
disputes have been adjudicated by the Court, and those rulings are reflected herein.
1.

DEFINITIONS

Throughout this Initial Report, the following terms will be used:
(a)

"actions" refers collectively to all the above-captioned actions;

(b)

"DOJ Action" refers to United States v. Apple, Inc. et al, Civil Action No. 12-cv2826 (DLC) and "DOJ" refers to the United States Department of Justice;

(c)

"Class Action" refers to the multidistrict litigation titled In re Electronic Books
Antitrust Litigation, Civil Action No. 11-md-02293 (DLC);
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(d)

"State Action" refers to Texas et al v. Penguin Group (USA) Inc., et al, Civil
Action No. 12-cv-03394 (DLC) and "States" refers to the State Action Plaintiffs;

(e)

"ebook investigation" means DOJ' s investigation, formal or informal, of
Defendants; the States' investigation, formal or informal, of Defendants; or any
other investigation, whether formal or informal, by any regulatory or
governmental authority relating to any ofthe activities or conduct alleged in the
DOJ Action or State Action;

(J)

"parties" refers collectively to all parties to the actions as of the date of this Initial
Report (even if any such party is or becomes a Settling Defendant) and those who
later join as parties, and "pl\!!Y" refers to any individual member of that group,
with (for the purposes of case management only) Penguin Group (USA), Inc. and
The Penguin Group, a Division of Pearson PLC being considered together as one
"party;" Holtzbrinck Publishers, LLC d/b/a Macmillan and Verlagsgruppe Georg
Von Holtzbrinck GmBH being considered together as one "party"; Hachette Book
Group, Inc., Hachette Digital, Inc., and Hachette Livre SA 1 being considered
together as one "party"; Simon & Schuster, Inc. and Simon & Schuster Digital
Sales, Inc. being considered together as one "party"; all Class Action plaintiffs
being considered together as one "party"; and all State Action plaintiffs being
considered together as one "party";

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Hachette Livre SA was only recently served in the Class Action and was not a party to either the first Joint Initial
Report and ESI Report or defendants' motions to dismiss. Reference to Hachette Livre SA above is solely for
definitional purposes; the comp,any reserves all available rights and defenses.

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(g)

"Plaintiffs" refers collectively to all Plaintiff parties in the actions as of the date of
this Initial Report and those who later join as Plaintiff parties, and "Plaintiff'
refers to any individual member of that group;

(h)

"Defendants" refers collectively to all Defendant parties in the actions as of the
date of this Initial Report (even if any such Defendant is or becomes a Settling
Defendant) and those who later join as Defendant parties, and "Defendant" refers
to any individual member of that group;

(i)

"Settling Defendants" refers collectively to those Defendants who have entered
into a final and approved settlement with one or more Plaintiffs or whose
proposed settlement with one or more Plaintiffs is pending with the Court, and
"Settling Defendant" refers to any individual member of that group;

G)

"Non-Settling Defendants" refers collectively to those Defendants who have no
proposed settlement pending with the Court, and "Non-Settling Defendant" refers
to any individual member of that group; and

(k)

"non-parties" refers collectively to persons or entities who were not parties in any
of the actions as of the date of this Initial Report and have not since joined as
parties, and "non-party" refers to any individual member of that group.

Once any Defendant has received final judgment(s) or dismissal(s), or has reached final
and approved settlement(s), in a manner that disposes of all claims against it in all the actions as
to all Plaintiffs, that Defendant will no longer be considered a party, a Defendant, a Settling
Defendant, or Non-Settling Defendant for purposes of this Initial Report, and is relieved of any
obligations herein. However, in such a circumstance, if the time for discovery has not ended,
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any such former Defendant may continue to be served with discovery requests under those
provisions of the Federal Rules of Civil Procedure relevant to non-parties, and each Defendant
agrees to remain under the jurisdiction of this Court with respect to such discovery.

2.

SCHEDULE
The parties will follow the schedule ordered by the Court on June 25, 2012. Attachment

A provides a schedule consistent with the Court's order along with interim dates agreed to by the
parties.
To the extent any dates in the schedule (are affected by any Court-ordered stay or
extensions thereof, the parties will meet and confer to determine reasonable alternative dates
applicable to any parties included under the stay, as necessary, and, if necessary, seek approval
of the Court.

3.

COORDINATION OF THE ACTIONS
The parties agree that, to improve the efficiency of discovery in the actions, maintain the

proposed schedule, and reduce the burden on any party or non-party responding to discovery
requests, all parties will observe the following rules:
(a)

Party Participation in Discovery Meetings: A representative of each party
(including Settling Defendants) must attend and participate in discovery planning
meetings or phone calls with other parties, when requested, as well as any meetand-confer sessions convened to discuss a discovery dispute involving that party.

(b)

Discovery Shared with All Parties: Except as otherwise provided in this Initial
Report or other applicable stipulation, law, rule, or order: (1) Parties who produce
discovery in any of the actions must produce it to all parties, and (2) If a non5

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party produces discovery to a party in any of the actions, the receiving party must
provide it promptly to all other parties.
(c)

Cross-Use of Discovery: All initial disclosures and discovery produced in
response to a discovery request or subpoena in any of the actions (even if that
action is later stayed, settled, dismissed, or otherwise ceases to be active, or the
producing party has settled or been dismissed from any of the actions), including
testimony of deposition witnesses, is deemed produced in and may be used,
subject to the Federal Rules of Evidence, in the other actions.

(d)

Court's Jurisdiction: As confirmed by the Court at the June 22, 2012 conference,
to the full extent allowed by law, the Court intends to exercise jurisdiction to hear
any discovery disputes regarding non-party subpoenas served in connection with
the actions, including motions to quash or modify and motions to compel.

(e)

Foreign Documents and Witnesses:
(1)

Each party's litigation counsel in the actions will accept service of
discovery requests on its behalf for documents or information located
outside the United States if such documents or information are in the
possession, custody, or control of the party, the party's subsidiary, or an
affiliate of the party which the party controls or for which the party is
authorized to accept service, without requiring additional or different
procedures to be followed pursuant to the Hague Evidence Convention,
the Hague Service Convention, or any other applicable convention, treaty,
law, or rule. The party served with any such discovery request retains the
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right to object to the request on any appropriate ground other than
improper service.
(2)

Each party agrees to negotiate in good faith to establish a protocol for
identifying the documents and information described in paragraph 3(e)(i)
above that can be produced in these actions consistent with any applicable
foreign laws or regulations concerning privacy or confidentiality or
otherwise affecting their production in the United States, or any
convention such as the Hague Evidence Convention, including reasonable
steps to facilitate production, including but not necessarily limited to
obtaining consents to disclosure from a limited number of custodians in
senior management involved in relevant issues, and by meeting and
conferring with other parties to narrow the scope of the documents and
information requested for production. If a party believes in good faith
that, notwithstanding the process described in this paragraph, such
documents or information cannot be produced in the United States without
violating an applicable foreign law or regulation, it must promptly notify
the other parties and meet and confer to reach a resolution of the issue.

(3)

Each party agrees that its litigation counsel in the actions will accept
service of a deposition notice on its behalf for any witness who is a
managing agent of a party, the party's subsidiary, or an affiliate of the
party which the party controls or for which the party is authorized to
accept service and who resides or is located outside the United States,
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without requiring additional or different procedures to be followed
pursuant to the Hague Evidence Convention, the Hague Service
Convention, or any other applicable convention, treaty, law, or rule. In
addition, each party agrees to make each such witness available for
deposition in New York, NY or another place in the United States
determined by agreement of the parties, and that deposition will be
conducted under applicable United States law. The parties will use their
best efforts to schedule any such deposition to coincide with U.S. travel
planned by the witness. The party served with any such deposition notice
retains the right to object to the notice on any appropriate ground other
than improper service.

4.

INITIAL DISCLOSURES
The parties will dispense with the initial disclosures described in Federal Rule of Civil

Procedure 26(a)(1 ), and in place of such disclosures, will exchange the following information:
(a)

All Parties- Custodian Lists: By June 20, 2012, each party must serve on all
other parties a list of all its employees (current and former) and agents (current
and former) who the party proposes to include as document custodians in the
actions (the "Custodian List"). For each individual listed, the Custodian List must
include: (i) the person's name; (ii) the person's employer and city, state, and
country of employment; (iii) the person's current title, if any, with that party and
any other title he or she has had with the party since November 1, 2007; (iv) a
statement as to whether the person is currently employed by or an agent of the
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2:12-mc-00186-MJP
193 Filed 07/06/12 Page 9 36

party and, if not, the person's last known phone number(s ), address( es), and email
address(es); and (v) a brief statement explaining the nature of the person's
relevance to the actions or the relevance of the documents in his or her
possession. If any party objects to the sufficiency of another party's Custodian
List, the parties will meet and confer in an attempt to resolve their disagreement,
consistent with the procedures described in section lO(b) of this Initial Report. To
the extent any Defendant has been granted a stay by the Court, that Defendant's
Custodian List must be served within 21 days of the expiration of that stay or any
extension thereof.
(b)

All Parties- Rule 26(a)(l)(A)(i) Disclosures: All parties agree to produce to the
other parties the disclosures described in Federal Rule of Civil Procedure
26(a)(l)(A)(i) by July 2, 2012, except that the States and Class Plaintiffs may
limit their disclosures to information that is not duplicative of DOJ' s disclosures,
and may produce that information by July 9, 2012. To the extent any Defendant
has been granted a stay by the Court, that Defendant's disclosures as described in
this paragraph must be served within 21 days of the expiration of that stay or any
extension thereof.

(c)

Other DOJ and States Initial Productions: DOJ and the States will use their best
efforts to produce to all other parties by June 22, 2012 or as soon as possible
thereafter: '(i) the civil investigative demands ("CIDs") regarding ebooks that
DOJ or the States served in connection with their ebooks investigations; (ii) the
transcripts and exhibits from any depositions taken by DOJ or the States pursuant
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to those CIDs; (iii) a list of individuals interviewed by DOJ or the States during
their ebooks investigations, (iv) all documents produced to DOJ or the States by
parties or non-parties in response to those CIDs, unless the party or non-party
originally producing these documents informs DOJ and/or the States that it will
instead agree to reproduce those documents to the other parties itself, in which
case it must use its best efforts to reproduce them by June 22, 2012, and (v) any
interrogatory responses and white papers received by DOJ or the States from the
parties or non-parties relating to the ebooks investigations.
(d)

Other Non-Settling Defendant Initial Productions: Each Non-Settling Defendant
will use its best efforts to produce to all other parties by June 22, 2012 or as soon
as possible thereafter, to the extent not already produced, and without waiving any
objections to future foreign discovery: (i) all documents and data previously
produced (either voluntarily or involuntarily) to any regulatory or governmental
authority outside the United States as part of any ebooks investigation, unless,
despite the parties' compliance with the provisions relating to foreign discovery
stated in section 3(e) above, production of any portion of these documents or data
cannot take place without violating an applicable foreign law or rule, in which
case the Non-Settling Defendant must, subject to any applicable privilege,
produce such portion promptly upon resolution of the issue, and (ii) to the extent
maintained in the normal course of the Non-Settling Defendant's business,
organizational charts and personnel directories for the Non-Settling Defendant as
a whole and for each of its facilities or divisions involved with ebooks or print
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books (excluding textbooks), including but not limited to organizational charts
showing the relationship of the company to any foreign parent entities, from
November 1, 2007 to the present. (Plaintiffs and Macmillan continue to discuss
Macmillan's production of organizational charts in connection with the
development of custodian lists. Plaintiffs will notifY Macmillan by July 16, 2012
whether they believe that they require additional materials pursuant to subsection
(ii) beyond those already produced. If Plaintiffs do seek any such additional
materials, the parties will promptly meet and confer to resolve the issue.)
(e)

Other Settling Defendant Initial Productions: Within 21 days of the expiration of
any stay in the actions granted by the Court or extension thereof, each Settling
Defendant will produce the initial disclosures applicable to Non-Settling
Defendants, described above in subsections (a), (b), and (d).

5.

DOCUMENT PRODUCTION, INCLUDING ESI
The parties have prepared a separate proposed order regarding the logistics of document

discovery in the actions, which includes initial provisions for the collection and production of
electronically stored information ("ESI"). See Attachment B.

6.

DISCOVERY LIMITATIONS
Party Discovery

(a)

Settling Defendants' Status: At all times during the pendency of the actions,
Settling Defendants will accept service of and respond to discovery requests,
including deposition notices, pursuant to those Federal Rules of Civil Procedure
governing party discovery, with the limitations set forth in the Initial Report.
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Settling Defendants will not require different or additional service of discovery
requests by subpoena or otherwise rely upon or seek the protections of those
provisions of the Federal Rules of Civil Procedure relating to discovery on nonparties, including Rule 45.
(b)

Effect of Stay: No discovery of any kind may be served on Settling Defendants
during the pendency of any discovery stay issued by the Court, with the exception
of requests for transactional sales data.

(c)

Consultation: Each Plaintiff must consult the other Plaintiffs, and each Defendant
must consult the other Defendants, before serving any discovery request on a
party for the purpose of ensuring that the parties do not serve unnecessarily
duplicative requests and, for deposition notices, to allow Plaintiffs (or
Defendants) to confer on the number of notices needed.

(d)

Document Requests: Each party may serve an unlimited number of document
requests to any other party(-ies). Settling Defendants may serve document
requests only on Class Plaintiffs, any Non-Settling Defendant, or any other
Settling Defendant. Settling Defendants may be served with document requests
by any Plaintiff, any Non-Settling Defendant, or any other Settling Defendant.

(e)

Interrogatories: Each party except Settling Defendants may serve up to a total of
25 interrogatories (to any one party, or divided among multiple parties), with no
more than 10 of those interrogatories being contention interrogatories. For
purposes of the Class Action only, Class Plaintiffs may serve up to a total of25
additional interrogatories on the Settling Defendants (to any one party, or divided
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among multiple parties) and Settling Defendants may serve up to a total of 25
interrogatories on Class Plaintiffs and/or Non-Settling Defendants (to any one
party, or divided among multiple parties). Settling Defendants may not serve, and
may not be served with, any other interrogatories in any of the actions.
(f)

Contention Interrogatories: Interrogatories of the kind described in Southern
District of New York's Local Rule 33.3(b) may be served beginning 60 days
before the end of fact discovery.

(g)

Requests for Admission: Each party except Settling Defendants may serve up to
a total of 25 requests for admission (to any one party, or divided among multiple
parties), except for requests for admission made pursuant to Federal Rule of Civil
Procedure 36(a)(l)(B) relating to the genuineness or admissibility of documents,
which are unlimited. For purposes of the Class Action only, Class Plaintiffs may
serve up to a total of 25 additional requests for admission on the Settling
Defendants (to any one party, or divided among multiple parties) and each of the
Settling Defendants may serve up to a total of 25 requests for admission on Class
Plaintiffs and/or Non-Settling Defendants (to any one party, or divided among
multiple parties). Settling Defendants may not serve, and may not be served with,
any other requests for admission in any of the actions. The parties must observe
the limitations on length stated in section II(F) of the Pilot Project Standing Order.

(h)

Partv Fact Depositions: Plaintiffs (collectively) and Non-Settling Defendants
(collectively) may notice the deposition of up to 60 party fact witnesses pursuant
to Federal Rule of Civil Procedure 30(b)(1) or party witnesses pursuant to Rule
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30(b)(6), including any witnesses controlled by a Settling Defendant. If no
Settling Defendant remains a party to any of the actions, or if the Court finds that
Settling Defendants have entered into sufficiently broad settlement(s) such that
the interests of most eBook consumers in the country are represented by the
settlement(s), the number of party fact witnesses that may be noticed by Plaintiffs
(collectively) and Non-Settling Defendants (collectively) will be 40. For 30(b)(6)
depositions, each 7-hour period of deposition (whether with a single witness or
multiple witnesses, and whether on a single noticed topic or multiple noticed
topics) will count as one deposition against the total allotment for party
depositions provided in this paragraph.
(i)

Party Fact Depositions by Settling Defendants: For purposes of the Class Action
only, each Settling Defendant may depose up to 5 party fact witnesses pursuant to
Federal Rule of Civil Procedure 30(b )(1) or party witnesses pursuant to Rule
30(b)(6) (the latter to be counted per 7-hour period of deposition, as stated in
paragraph 6(g) above), except that Settling Defendants may not serve such notices
to any Plaintiff other than Class Plaintiffs. Settling Defendants may not serve any
other party deposition notices in any of the actions.

G)

Treatment of States: Discovery requests directed to any of the States may be
directed to any individual State or to the States as a whole. For the latter, each
such request will be counted as a single request, for purposes of the allotment of
requests as provided herein, and the States may choose to provide a single joint

14

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response or multiple responses. If the States choose to provide multiple
responses, each State must clearly indicate which response it provides or joins.
(k)

Treatment of Class Action Plaintiffs: Discovery requests directed to any of the
Class Action Plaintiffs may be directed to any individual Class Action Plaintiff, or
to the Class Action Plaintiffs as a whole. For the latter, each such request will be
counted as a single request, for purposes of the allotment of requests as provided
herein, and the Class Action Plaintiffs may choose to provide a single joint
response or multiple responses. If the Class Action Plaintiffs choose to provide
multiple responses, each Class Action Plaintiff must clearly indicate which
response he or she provides or joins.

(1)

Identical Requests: Each discovery request, even if identical to a request served
on a different party, will count against the total allotment of such requests as
provided herein, except as provided in subsections G) and (k) above.

(m)

Exceptions: The limitations on the number of discovery requests set forth under
this subheading ("Party Discovery") do not apply to (1) discovery requests made
by a Plaintiff to another Plaintiff or a Defendant to a Non-Settling Defendant; (2)
depositions taken solely to (i) establish the authenticity or admissibility of
documents, (ii) lay the foundation for a possible objection to a claim of privilege,
(iii) ascertain compliance with a subpoena, or (iv) lay foundation for a possible
motion to compel; (3) depositions taken of individuals who provide declarations,
affidavits, or affirmations, as described in section 7(n) below; and (4) depositions
of witnesses on a party's trial witness list, as described in section 7(o) below.
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Non-Party Discovery
(n)

Joint Reguests Only: No discovery request (whether a document request,
deposition notice, or other) may be served on any non-party except by joint
subpoena of the Plaintiffs collectively or Defendants collectively.

(o)

Limitations: Plaintiffs (collectively) and Defendants (collectively) each may
(i) serve no more than two subpoena duces tecum on any particular non-party,
with the total number of non-parties subpoenaed to remain unlimited, and
(ii) depose up to 35 non-party witnesses, pursuant to subpoenas ad testificandum
or otherwise. If the identity of the particular non-party witness to be deposed is
not stated in the subpoena and the non-party offers the deposition of more than
one witness in response to the subpoena, each 7 -hour period of deposition will
count as one deposition against the total allotment for non-party depositions
provided in this paragraph.

(p)

Contact with Subpoenaed Non-Parties: Each party must provide the other parties
with: (I) a copy of the party's written communications (including email) with
any non-party containing any substantive content concerning the subpoena or the
subpoenaed non-party's response to or compliance therewith, within 24 hours of
the communication; (2) a written record of any oral or written modifications to the
subpoena, within 24 hours of the modification; (3) notice that the party has
received any documents or data from the non-party in response to the subpoena,
within 24 hours of receipt; and (4) a copy of such documents or data, promptly
upon receipt.
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Further Discovery Stipulations

(q)

Accounting of Discovery Requests/Subpoenas: From time to time, the parties
must meet and confer on the calculation of the number of allotted discovery
requests and subpoenas that each believes has been used.

(r)

Withdrawal of Deposition Notices: Upon giving reasonable notice, a party
(including Plaintiffs collectively or Defendants collectively) may withdraw a
deposition notice at any time prior to the deposition, and that deposition will not
count against the party for purposes of the number of depositions allotted herein.

(s)

Rights Reserved: Nothing in this section prohibits a party or non-party from
objecting to or moving to quash or modify any particular discovery request or
subpoena it. receives, or from seeking a protective order from the court, on any
appropriate ground, including that the discovery requests noticed to it are
cumulative or unfairly burdensome. In addition, for good cause shown, any party
may seek relief from the Court from the limitations set forth under this section
heading ("Discovery Limitations").

7. FACT DEPOSITIONS
Attendance & Scheduling

(a)

All parties may attend any deposition noticed in any of the actions. Parties must
provide reasonable notice of the number and identity of attendees prior to each
scheduled deposition.

(b)

Within one week of service of any party deposition notice, the noticed party must
notify all other parties that the noticed deposition date is acceptable or offer an
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alternative date within 7 days of the of the noticed date. Parties noticing a
deposition must make reasonable efforts to choose a date for the deposition that is
convenient for the witness and, when possible, all attending parties.
(c)

Depositions conducted solely to inquire of a witness regarding document or data
location, management, or preservation may be taken at any time during the fact
discovery period beginning 30 days after the filing of this Revised Joint Initial
Report. All other fact depositions may be taken starting on the date provided in
the case schedule.

Time

(d)

Except for the depositions described in paragraph 7(e) below, depositions will
proceed for no more than 7 hours of on-the-record time.

i.

Any party who noticed the deposition (including Plaintiffs collectively or
Defendants collectively, for non-party depositions) is entitled to question
the witness for 6 of the 7 hours of on-the-record time, or an equivalent
portion of any deposition scheduled to last more or less than 7 hours onthe-record.

n. A Plaintiff noticing a deposition may cede some or all of its examination
time to another Plaintiff, and the deposition will count against the
allotment of depositions provided in section 6 above for only the noticing
Plaintiff. A Defendant noticing a deposition may cede some or all of its
examination time to another Defendant, and the deposition will count

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against the allotment of depositions provided in section 6 above for only
the noticing Defendant.
m. During the time remaining after the noticing party or parties have finished
their examination, any other parties attending the deposition (including the
party defending the deposition, or, if none, the witness's counsel) may
question the witness, with a reasonable division of this time to be
determined among them.
IV.

For non-party depositions noticed by the Plaintiffs collectively or
Defendants collectively, the member parties of the noticing group must
meet and confer to determine how the allotted time for the deposition will
be used among them.

(e)

Depositions may proceed for longer than 7 hours of on-the-record time when
( 1) more than one party has served a notice for the same party witness's
deposition, or both Plaintiffs (collectively) and Defendants (collectively) have
served a subpoena for the same non-party witness's deposition, in which case the
witness will sit for one deposition of a length to be determined by the parties, after
consideration of the burden on the witness; (2) a witness is designated to serve as
a 30(b)(6) witness and also has been served with a deposition notice in his or her
individual capacity, in which case the witness will sit for one deposition of a
length to be determined by the parties; (3) an agreement for a longer duration is
reached between the party talcing the deposition and the party defending the
deposition (or, if the witness is not represented by any party, the witness's
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counsel), in light of all parties' recognition that depositions of some fact witnesses
may reasonably require more than one day and their agreement to negotiate such
extensions of deposition time in good faith; or (4) by order of the Court.

Questioning & Objections
(f)

In the event of multiple notices for the same deposition, the noticing parties will
meet and confer to determine the order of examination and appropriate
reservation of time. The order of notices does not create any presumption as to
the order of examination or amount oftime reserved for questioning by the
noticing parties (subject to any limitations herein).

(g)

An objection or motion to strike made by any party at a deposition will be
preserved for all other parties and need not be explicitly joined.

Logistics & Costs
(h)

The parties will meet and confer to determine if they can reasonably agree on use
of a single national court reporting service or otherwise share costs.

(i)

The first party to notice the deposition will be responsible for arranging for the
deposition space, court reporter, and (if necessary) videographer.

G)

Each party is responsible for ordering and paying for its own copies of the
transcripts or video from the court reporter or videographer, unless the parties
agree to share these costs.

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30(b)( 6) Depositions

(k)

A party served with a notice for deposition pursuant to Federal Rule of Civil
Procedure 30(b)(6) may designate one person to testify on more than one noticed
topic, or may designate more than one witness to testify on a single noticed topic.

(I)

For a witness who may act both as an individual and 30(b)(6) witness, the parties
will make reasonable efforts to address all topics relevant to the witness in one
deposition.·

Additional Depositions

(m)

On the date set forth in the case schedule, each party must serve on the others a
preliminary list of fact witnesses that, in the good-faith assessment of the party, it
will call to testify at trial in its case-in-chief. For each such witness under that
party's control, the party will make reasonable efforts to secure the witness's
attendance at a deposition promptly, if so noticed by any party pursuant to this
Initial Report.

(n)

Any person not serving as a party's external legal counsel in the actions who
submits a declaration, affidavit, or affirmation in support of any motion, letter to
court, or other submission by a party in one or more of the actions, at any time,
may be deposed thereafter by any party.

(o)

Any witness appearing on a party's final trial witness list who has not previously
been deposed in the actions and who was not previously identified as a potential
witness may be deposed prior to trial (or, if the parties agree, during trial).

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8.

EXPERTS
(a)

The parties will make all disclosures required by Federal Rule of Civil Procedure
26(a)(2), as modified or limited herein, at the times and in the manner provided
below and in the schedule found at Attachment A. The term "expert" as used
herein refers to a witness a party may use to present evidence under Federal Rule
of Evidence 702, 703, or 705.

(b)

Expert Identity and Subject Matter: On the date provided in the case schedule,
each party bearing the burden on an issue and that intends to offer the testimony
of one or more experts on that issue must disclose to the other parties: (i) each
expert's name and employer or associated organization, and (ii) the general
subject matter of the expert's expected testimony.

(c)

Opening Expert Reports and Sunnnaries: On the date provided in the case
schedule, each party bearing the burden on an issue and that intends to offer the
testimony of one or more experts on that issue, excluding any testimony described
in Federal Rule of Civil Procedure 26(a)(2)(D)(ii), must serve an expert report (or,
as applicable, a summary for each expert in compliance with Federal Rule of Civil
Procedure 26(a)(2)(B) and (C)), provided, however, that the term "considered" as
used in Federal Rule of Civil Procedure 26(a)(2)(B)(ii) and 26(b)(4)(C)(ii) shall
be interpret.ed as "relied upon" for purposes ofthis section 8.

(d)

Rebuttal Expert Reports and Summaries: On the date provided in the case
schedule, each party must serve any rebuttal expert reports responding to one or
more of the opening expert reports, pursuant to Federal Rule of Civil Procedure
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26(a)(2)(D)(ii), or rebuttal summaries in compliance with Rules 26(a)(2)(B) or
(C). No further expert reports or summaries are allowed without leave of Court.
(e)

Associated Documents and Data: Within 2 business days of service of any expert
report, the serving party must produce to all other parties a copy of all documents
or data referred to therein, except for any documents or data that have been
produced previously in the actions, which can instead be referred to by Bates
number. To the extent the disclosures in an expert report include, rely upon, or
describe exhibits, information, or data processed or modeled by a computer at the
direction of an expert in the course of forming the expert's opinions, the party
offering the expert's opinions must produce machine-readable copies of the data
along with the appropriate programs, software, and instructions, except that no
party need produce programs, software, or instructions that are commercially
available at a reasonable cost. No party need produce databases, programs, and
software that (i) are used in the ordinary course of a party's business and (ii) are
not practicable to copy, as long as the party offering the expert's opinion provides
timely and reasonable access for purposes of replication or analysis of disclosed
results.

(f)

Expert Discovery Limitations: The provisions of Federal Ru1e of Civil Procedure
26(b)(4)(C), as modified or limited herein, will apply to expert discovery in the
actions. No expert or party is required to produce or describe on a privilege log
and no party may seek discovery of by any method (including by deposition):
(1) any communication between an expert (including his or her assistants,
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employees, or agents) and a party offering the testimony of such expert (including
the party's employees, agents, consultants, and counsel, and their employees or
agents); (2) any communication between an expert and his or her employees,
assistants, or agents; (3) drafts of any report, exhibit, study, work paper,
computation, calcul,ation, compilation, or any other material prepared by, for, or at
the direction of an expert, regardless of the form in which the draft is recorded; or
(4) any notes or other writings made by, for, or at the direction of an expert.
Nothing in this paragraph relieves an expert or party from the duty to identity the
facts, data, and assumptions that the expert relied upon in forming his or her
opmwns.
(g)

Depositions: The parties have not waived expert depositions. An expert may be
deposed for up to 2 days (14 hours of on-the-record time).

(h)

Finality of Expert Evidence: Subject to the duty to correct under Federal Rule of
Civil Procedure 26(a)(2)(E) and Rule 26(e)(2), no expert report, summary, or
other expert evidence may be supplemented, and no expert evidence may be
offered or admitted that has not been timely and properly disclosed, except by
leave of Court.

9.

STAY OF DISCOVERY: The parties recognize this Court has stayed the actions as
against Hachette Book Group, Inc., Hachette Digital, Inc., Hachette Livre SA,
HarperCollins Publishers LLC, Simon & Schuster, Inc. and Simon & Schuster Digital,
Sales, Inc., through August 10,2012.

24

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10.

DISPUTES & MOTIONS
(a)

Future Discovery Disputes: If discovery disputes arise between the parties, the
parties must follow the procedures for seeking resolution of such disputes set
forth in this Court's Individual Practices in Civil Cases at section 2(c).

(b)

Non-Discoverv Motions: Section 3(A) ofthis Court's Individual Practices in
Civil Cases (which dispenses with the pre-motion conference requirement for all
motions except discovery motions), and not section III(A) of the Pilot Project
Standing Order, governs non-discovery motion practice in the actions. Otherwise,
section III ofthe Pilot Project Standing Order governs non-discovery motion
practice in the actions.
Rule 56.1 Statements: If any party intends to file a motion for summary judgment

(c)

under Federal Rule of Civil Procedure 56, that party will notify all other parties in
the relevant action(s) sufficiently in advance to determine whether the parties will
recommend to the Court, pursuant to section III(D) of the Pilot Project Standing
Order, that no party will file a Statement of Material Facts as described in
Southern District of New York Local Rule 56.1.

11.

ADRIMEDIATION
By the date set forth in the case schedule, the parties will contact the chambers of the
Honorable Kimba Wood to schedule settlement discussions to begin no later than Fall
2012.

12.

TRIAL
(a)

Magistrate Trial: The parties do not consent to trial by magistrate.

25

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(b)

Pretrial Order: The parties do not consent to waive the pretrial order. The
pretrial order shall be drafted as stated in the Court's Jnne 25, 2012
Scheduling Order.

Attachment A: Schedule
Attachment B: Joint Electronic Discovery Submission No. I (Revised)

STIPULATED AND AGREED TO:

Dated: July 6, 2012

Ry

~)-~~
Daniel McCuaig
Carrie A. Syme
U.S. Department of Justice
Antitrust Division
450 Fifth Street, NW, Suite 4000
Washington, DC 20530
[phone]
mark.w.ryan@usdoj .gov
On behalf of the United States

26

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By:
Eric Lipman (EL6300)
Gabriel Gervey
David Ashton
Assistant Attorneys General
Office of the Attorney General of Texas
P.O. Box 12548
Austin, TX 78711
[phone]
[e-mail]
On Behalf ofthe PlaintiffStates

27

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"~'~-~~~

By:

. J seph . elsen
M. Becker (GB8259)
G
Assistant Attorneys General
Office of the Attorney General of Connecticut
55 Elm Street
Hartford, CT 06106
[phone]
[e-mail]
On Beha?f ofthe PlaintiffStates

28

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By:

Steve W. Bennan (Pro Hac Vice)
Jeff Friedman
Shana Scarlett

HAGENS BERMA;N SOBOL SHAPIRO LLP
1918 Eighth Avenue, Suite 3300
Seatt1e,WA 98101
(206) 623~7292
[e-mail]
On Behaif of the. Class Plaintiffs

29

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By:
Kit A. Pierson (pro hac vice)
Jeffrey Dubner (pro hac vice)

COHEN MILSTEIN SELLERS & TOLl,, PLLC
1100 New York Avenue NW
Suite 500, West Tower
Washington, D.C. 20005
[phone]
[e-mail]

On Behalf ofthe Class Plaintiffs

30

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By:

~,,-=7-c--'--i:--=Zch=--::.._~·
Clifford H. Aronson .
Paul M. Eckles
C. Scott Lent
Matthew M. Martino
Skadden, Arps, Slate, Meagher & Flom LLP
Four Times Square
New York, NY 10036
[phone]
[e-mail]

On behalf ofDefendant HarperCollins Publishers
L.L.C.

31

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By:
James . Quinn
Yeh • L. Buch itz
Wei!, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
[phone]
[e-mail]
[e-mail]
Helene D. Jaffe
Proskauer Rose LLP
Eleven Times Square
New York, NY 10036
[phone]
[e-mail]
Martha E. Gifford
Law Office of Martha E. Gifford
13 7 Montague Street #220
Brooklyn, NY 11201
[phone]
[e-mail]
On behalf ofDefendants Simon & Schuster, Inc.
and Simon & Schuster Digital Sales, Inc.

32

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By: "'

s;:?
Joel M. Mitnick
John J. Lavelle
Alexandra Shear
Sidley Austin LLP
787 Seventh Avenue
New York, NY 10019
[phone]
[e-mail]
jlave![e-mail]
[e-mail]

On behalf ofDefendants Holtzbrinck Publishers,
LLC d/b/a Macmillan and Verlagsgruppe Georg
von Holtzbrinck GmbH

33

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Case 1:11-md-02293-DLC Document 193 Filed 09/17/12 Page 36 of 43
Case 2:12-mc-00186-MJP Document 3-1 Filed 07/06/12 Page 35 of 36

By:
Daniel Fenel Mcinnis
David A. Donohoe
Allison Sheedy
Gregory J. Granitto
Akin Gump Strauss Hauer & Feld, LP
1333 New Hampshire Ave., NW
Washington, DC 20036
[phone]
[e-mail]

On behalf ofDefendants Penguin Group (USA),
Inc. and the Penguin Group

35

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By:

0~~
DanielS. Floyd (Pro Hac Vice)
Gibson, Dunn & Crutcher, LLP
333 South Grand Avenue
Los Angeles, CA 90071
[phone]
[e-mail]

On behalf ofDeftndant Apple, Inc.

36

Case 2:12-mc-00186-MJP Document 3-1 Filed 09/17/12 Page 38 of 43

Exhibit B

Case 2:12-mc-00186-MJP Document 3-1 Filed 09/17/12 Page 39 of 43
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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------x
UNITED STATES OF AMERICA,
Plaintiff,
v.

12 Civ. 2826 (DLC)

APPLE, INC., et al.,
Defendants.
------------------------------x
THE STATE OF TEXAS, et al.,
Plaintiffs,
v.

12 Civ. 3394 (DLC)

PENGUIN GROUP, (USA), INC., et
al.,
Defendants.
------------------------------x

June 22, 2012
3:20 p.m.
Before:
HON. DENISE L. COTE,
District Judge

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

Case 2:12-mc-00186-MJP Document 3-1 Filed 09/17/12 Page 40 of 43
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APPEARANCES
HAGENS BERMAN, LLP
Attorneys for Class Action Plaintiffs, 12 MD 2293
BY: JEFF FRIEDMAN
-andCOHEN, MILSTEIN, SELLERS & TOLL
BY: KIT PIERSON
DOUG RICHARDS
U.S. DEPARTMENT OF JUSTICE
BY: MARK W. RYAN
DANIEL McCUAIG
LAWRENCE BUTERMAN
CARRIE SYME
PLAINTIFF'S COUNSEL IN 12 CIV. 3394
OFFICE OF THE TEXAS ATTORNEY GENERAL
BY: GABRIEL GERVEY
OFFICE OF THE CONNECTICUT ATTORNEY GENERAL
BY: W. JOSEPH NIELSEN
GARY M. BECKER
OFFICE OF THE OHIO ATTORNEY GENERAL
BY: EDWARD OLSZEWSKI
ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
BY: LINDA GARGIULO
Assistant Attorney General
GIBSON, DUNN & CRUTCHER
Attorneys for Defendant Apple
BY: DANIEL FLOYD
DANIEL SWANSON
-andO'MELVENEY & MEYERS
BY: RICHARD PARKER
ANDREW FRACKMAN
FRESHFIELDS BRUCKHAUS DERINGER
Attorneys for Defendant Hachette Book Group
BY: WALTER STUART
SAMUEL RUBIN
BRYAN BLOOM

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

Case 2:12-mc-00186-MJP Document 3-1 Filed 09/17/12 Page 41 of 43
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1
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APPEARANCES
AKIN, GUMP, STRAUSS, HAUER & FELD
Attorneys for Defendant Penguin
BY: DANIEL McINNIS
ALISON SHEEDY
WEIL, GOTSHAL & MANGELS, LLP
Attorneys for Defendant Simon & Schuster
BY: YEHUDAH BUCKWEITZ
SKADDEN, ARPS, SLATE, MEAGHER & FLOM, LLP
Attorneys for Defendant Harper Collins
BY: PAUL ECKLES
SHEPARD GOLDFEIN
SCOTT LENT
SIDLEY AUSTIN, LLP
Attorneys for Defendant Holtzbrink Publishers (MacMillan)
and Verlagsgruppe
BY: JOEL MITNICK
JOHN LAVELLE
ALEXANDRA SHER

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

Case 2:12-mc-00186-MJP Document 3-1 Filed 09/17/12 Page 42 of 43
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1

would still be aggressive.

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to take an enormous amount of discovery in a very short time

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frame and what I've Dunn here, if the parties agree, is to give

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you a June trial date and require you to do expert discovery

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while you are doing fact discovery, to do damages discovery

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while you are doing liability discovery -- I know that doesn't

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apply to the Department of Justice but if the other plaintiffs

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want to be tried here they've got to step up to the plate and

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do this.

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They are imposing upon themselves

So, I think it's interesting to hear you say you want

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a very speedy trial but I think I have met your request with my

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option A.

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And I hope you give it very serious consideration.

MR. FLOYD:

And please don't take any of my comments

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as in any way not recognizing that or being disrespectful.

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Partly I wanted you to understand the thinking behind it

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including the thinking behind why we felt like having a DOJ

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trial only in front of you first.

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take your comments very seriously and we will respond

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appropriately.

And so, I understand and I

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THE COURT:

Thank you.

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Okay.

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talk about the schedule.

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will take a break after we deal with specifics.

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a chance to talk about the schedule -- the proposed schedule

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with each other, however you would like to have those

I think it would be more helpful that we not
Let's go to specifics and then we

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]

Everybody got

Case 2:12-mc-00186-MJP Document 3-1 Filed 09/17/12 Page 43 of 43
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discussions, then I will come back and we will set a final

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schedule.

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Let's go through these three documents then, the joint

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initial report, attachment B and attachment C, and I will just

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walk through them and give you my thoughts.

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joint initial report, page 6, subparagraph D -- I am pausing so

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everyone has a chance to find the document -- you make an

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assumption here about my intent to exercise jurisdiction over

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discovery disputes and you are right and I'm happy to do so.

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Starting with the

Page 14 I have a proposal and, again, I really want to

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commend counsel.

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thoughtful about how to coordinate with each other and manage

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this very complex process.

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You have Dunn so much work and have been so

You have Dunn an excellent job.

With respect to deposition notices, I have a proposal

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for your consideration.

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week the deponent, through counsel, must respond yes to that

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date or no with an alternative and the alternative has to be

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within seven days of the notice date either seven days earlier

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or seven days later, a two-week window around the notice date.

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That's the presumption.

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Somebody serves a notice.

Within one

So, within a week of serving the notice you will know,

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roughly, when you are going to have the deposition.

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there can't be exceptions but consider that as another protocol

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for you to follow.

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Page 21, discovery disputes.

Not that

I saw that you were --

SOUTHERN DISTRICT REPORTERS, P.C.
[phone]