ROYAL MILE COMPANY, INC. et al v. UPMC et al

Filing 146

SPECIAL MASTER ORDER No. 2: The attached order is hereby adopted as an order of this court. Signed by Judge Joy Flowers Conti on 1/24/13. (kjm)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ROYAL MILE COMPANY, INC
PAMELA LANG and COLE’S WEXFORD
HOTEL, INC., on their own behalf and on
behalf of all others similarly situated,
Plaintiffs,
v.
UPMC and HIGHMARK INC.,
Defendants.

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) Case No. 2:10-cv-01609-JFC
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) Judge Joy Flowers Conti
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) Electronically Filed
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SPECIAL MASTER CASE MANAGEMENT ORDER
ON AMENDED PROTOCOLS FOR CLASS FACT DEPOSITIONS
Pursuant to paragraph 10 of the Discovery Plan CMO (2:09-cv-480, Doc. No. 267; 2:10cv-1609, Doc. No. 93, and 2:12-cv-692, Doc. No. 85), which instructs that “[t]he parties will
meet and confer on a process for identifying deponents and scheduling depositions by
October 31, 2012,” the Parties agreed to the processes and procedures for identifying class fact
deponents indicated in Case Management Order On Protocols For Depositions And Requests For
Admission (“Deposition CMO”) (2:09-cv-480, Doc. No. 276; 2:10-cv-1609, Doc. No. 118; 2:12cv-692, Doc. No. 103). The Deposition CMO states that “[i]n the event that the class or merits
document production schedules are delayed or extended, the parties shall meet and confer or
otherwise raise the issue with the Special Master to determine appropriate extensions” to the
deposition schedule. See Deposition CMO at ¶ 16. UPMC and Highmark’s Unopposed Joint
Motion To Modify Case Management Order Addressing Electronically Stored Information And
Related Case Management Order, (2:10-cv-1609, Doc. No. 128), requested extensions to the
deadlines for class production and the close of class fact discovery. In light of those extensions,
the parties met and conferred, and the following amendments to the processes and procedures for
identifying class fact deponents in the Royal Mile case (2:10-cv-1609) are approved:

1.

The schedule for identifying proposed class deponents shall be extended to

coincide with the schedule for identifying proposed merits deponents set forth in the Deposition
CMO. Accordingly, on March 1, 2013, the Parties will exchange lists identifying their proposed
class deponents. The list of proposed class deponents shall include only those deponents that a
party believes in good faith are necessary for issues related to class certification. The list shall
also identify those class deponents that the party would also like to question about merits issues
in any of the three related cases.
2.

Within fourteen (14) days of the exchange of lists of proposed class deponents,

the Parties shall meet and confer in good faith and attempt to resolve any objections to the
proposed lists of class deponents. Among other things, the parties shall attempt to reach an
agreement on whether a class witness may be deposed on merits and class issues at the same
time.
3.

Within seven (7) days following the meet-and-confer session, any remaining

objections will be submitted to the Special Master.
4.

Within fourteen (14) days following submission of the Parties’ remaining

objections, the Special Master will resolve those objections, and the Special Master will approve
a final list of class deponents.
5.

Within fourteen (14) days following resolution of the Parties’ remaining

objections and the approval of a final list of class deponents, the Parties shall meet and confer in
good faith and attempt to schedule specific dates for class depositions. All class depositions will
be completed by the close of class fact discovery, which the parties have jointly asked the Court
to set for September 27, 2013.
6.

To take any class depositions earlier than or outside the schedule set forth above

or to amend the final list of class deponents, the Parties shall seek leave from the Special Master.
7.

The deadlines and procedures in the Deposition CMO for identifying potential

merits deponents remain unchanged.

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8.

The timeframes set forth above are based on the current anticipated class and

merits document production schedules set forth in the Case Management Orders Addressing
Electronically Stored Information entered at Doc. No. 246 (09-cv-480), Doc. No. 85 (10-cv1609), and Doc. No. 77 (12-cv-692) and the proposed schedule set forth in UPMC and
Highmark’s Unopposed Joint Motion To Modify Case Management Order Addressing
Electronically Stored Information And Related Case Management Order extended the deadlines
for class production and the close of discovery. (2:10-cv-1609, Doc. No. 128). In the event that
the class or merits document production schedules are further delayed or extended, the parties
shall meet and confer or otherwise raise the issue with the Special Master to determine
appropriate extensions, if any, of the deadlines set forth in above.

Dated: January 22, 2013

/s/
Hon. Richard A. Levie (Ret.).
Special Master

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