Eliason et al v. Gentek Building Products, Inc. et al

Filing 61

Memorandum Opinion and Order The parties are to adhere to the Protective Order contained in Appendix L of the NDOHs Local Rules with modifications as state herein. Judge Benita Y. Pearson on 1/10/2012. (S,L)

PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
DONALD ELIASON, et al.,
Plaintiffs,
v.
GENTEK BUILDING PRODUCTS, INC., et
al.,
Defendants.

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CASE NO. 1:10CV02093

JUDGE BENITA Y. PEARSON

MEMORANDUM OF OPINION AND
ORDER (Resolving ECF Nos. 56, 57)
I.

Before the Court are the parties’ motions for protective orders. ECF Nos. 56; 57. The
parties are to adhere to the Protective Order contained in Appendix L of the NDOH’s Local
Rules with the following modifications:
1.

The number of interrogatories is limited to 25 per side. Because Named Plaintiffs are
represented by the same attorneys suing on behalf of a purported class, and Defendants
are related business entities represented by the same attorneys, both sides have aligned
litigation interests. Therefore, it makes sense to limit the number of interrogatories per
side, and one identical interrogatory served on all parties on the other side should be
counted as one unique interrogatory against each side’s limit. Such limitation is without
prejudice to the right of any party on either side to seek to increase the number of
interrogatories by stipulation or by court order.

2.

Counsel may designate certain discoverable material and information as “Attorney’s Eyes
Only.” The non-designating party may challenge the designation for good cause. Such
designations should be reserved for personal and, to a lesser extent, technical information
that is considered private.

3.

Defendant’s request for a 7-day objection period prior to the disclosure of Confidential or
“Attorney’s Eyes Only” to any potential experts is denied.
II.
After consultation with counsel, the Court established the following discovery cutoffs.

(1:10CV02093)
Fact discovery cutoff is November 1, 2012. The report of the party’s expert bearing burden of
proof is January 1, 2013. Responsive expert reports are due March 1, 2013.
III.
A jury trial date in this matter is set for November 4, 2013. A final pretrial is scheduled
for October 2, 2013 at 1:30. Counsel is encouraged to schedule a training session with the
Court’s deputy clerk to familiarize themselves with the electronic capabilities of the courtroom in
advance of trial. Please contact Lisa Murphy at 330-884-7435.

IT IS SO ORDERED.

January 10, 2012
Date

/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge

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