In re: Acetaminophen - ASD-ADHD Products Liability Litigation
Filing 50
PROTOCOL FOR PHASE ONE FACT AND EXPERT DEPOSITIONS: This Order shall apply to all cases currently pending in MDL No. 3043 and to all related actions that have been or will be originally filed in, transferred to, or removed to this Cou1t and assigned hereto, and those Coordinated Actions subject to the MDL Court's Coordination Order (DE 382). This Order is binding on all Parties and theircounsel in all cases currently pending or subsequently made part of these Proceedings and will govern eac h case in these MDL Proceedings. This Order shall also apply to all non-party witnesses. Discovery shall be governed by the applicable provisions of the Federal Rules of Civil Procedure, except as otherwise provided herein or in any other Case Manage ment Order. Unless specifically modified herein, nothing in this Order shall be construed to abrogate, modify, or enlarge the Federal Rules of Civil Procedure. The Parties may, by agreement, alter, amend, or modify any practice relating to the notici ng or conducting of a deposition, including, but not limited to, the provisionsin this Order. Absent agreement of the Parties, good cause, or an order of the MDL Court, any deposition notice must be served at least thirty (30) days beforethe date the noticed deposition is to occur. To the extent an expert deposition notice includes a request for production, the written response and document production shall be produced no later than 10 days before the scheduled deposition date. Nothing herein is intended to (nor shall it) modify the terms of the Protective Order, which will govern the treatment of documents andinformation designated pursuant to the Protective Order. If a deponent is to produce or be asked about any documents that have been designated CONFIDENTIAL or HIGHLY CONFIDENTIAL pursuant to the Stipulated Protective Order entered in this action (the "Protective Order"), and the deponent is a person who must sign the Protective Order before reviewing CONFIDENTIAL or HIG HLY CONFIDENTIAL documents, a copy of the Protective Order shall be provided to the deponent before the deposition commences. This Order is subject to modification by agreement of Parties subject to Court approval, or by further of this Court. And as set forth herein. SO ORDERED. (Signed by Judge Denise L. Cote on 2/13/2023) (ama)
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