City of Providence v. Warner Chilcott Publict Limited Company
PRELIMINARY CASE PRACTICE AND PROCEDURE ORDER. So Ordered by Judge William E. Smith on 10/25/13. (Jackson, Ryan)
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND
LOESTRIN 24 FE ANTITRUST
C.A. No. 1:13-md-02472-S
PRELIMINARY CASE PRACTICE AND PROCEDURE ORDER
WILLIAM E. SMITH, United States District Judge.
This preliminary case management order, and subsequent such
orders, shall govern the practice and procedure in those actions
transferred to this Court by the United States Judicial Panel on
Multidistrict Litigation, pursuant to a Transfer Order filed on
administration of this complex matter, IT IS HEREBY ORDERED:
Counsel shall appear for an initial status conference on
Courthouse Jury Assembly Room – first floor – One Exchange
Terrace, Providence, Rhode Island.
This order is being distributed to those
persons identified on the dockets for the matters listed
These actions are: (1) 1:13-cv-02476; (2) 1:13-cv-02473;
(3) 1:13-cv-02475; (4) 1:13-cv-00347; (5) 1:13-cv-02474; and (6)
This order will also apply to related matters
that may be filed in this Court or transferred to this Court by
the Judicial Panel on Multidistrict Litigation hereafter,
including, but not limited to, 1:13-cv-00695.
in Footnote 1 on the CM/ECF Electronic Document Filing
System for the District of Rhode Island.
Counsel on this
list shall forward a copy of the order to any attorneys
presently on the list.
Counsel are instructed to file, by
affiliated with this litigation who should be included on
a service list for future use.
An attorney representing
multiple parties should be included on this list only
Purposes and Agenda
The conference will be held for the purposes generally
identified in Federal Rules of Civil Procedure 16 and
should be prepared to discuss all issues listed in this
agenda, and are encouraged to advise the Court by email to
the calendar clerk, no later than October 30, 2013, of any
items that should be added to the agenda.
Preparations for Conference
Counsel are expected to familiarize themselves with the
most recent edition of the Manual for Complex Litigation
inexpensive resolution of this matter.
Counsel are also
District of Rhode Island, which will apply in this case
unless otherwise directed by the Court.
Pre-Conference Obligation to Meet and Confer.
the conference, counsel shall confer and seek consensus to
the extent possible with respect to the matters listed in
the agenda, as well as a suggested schedule under Rule
conference, counsel shall submit to the Court by email to
the calendar clerk (and not filed on CM/ECF) a brief,
factual and legal issues (not to exceed 10 pages).
statements are meant to be an aid to the Court and are
nonbinding, will not waive any claims or defenses, and may
not be offered into evidence in later proceedings.
statements shall list any pending motions, and related
court, and their current status, if known.
To assist the Court in identifying any issues of recusal
and disqualification of the Magistrate Judge, counsel will
submit to the Court prior to the conference by email to
the calendar clerk a list of all companies affiliated with
See Fed. R. Civ. P. 7.1.
shall inquire of their clients whether any legal advice or
opinions have been sought in connection with the subject
matter of these cases from Edwards Wildman Palmer LLP, and
notification may be submitted ex parte if so desired) by
October 30, 2013.
All attorneys who wish to be admitted for purposes of this
case shall comply with Local Rule 204 and shall file an
appropriate motion for admission prior to the conference.
All attorneys who have been admitted to this Court shall
For the time-being, parties to these actions shall not be
required to obtain local counsel in the District of Rhode
temporarily waived as to any attorney appearing in these
actions who is admitted to practice before any United
This issue will be discussed further at the
Electronic Filing and Document Captioning
All documents filed in the multidistrict litigation shall
online at ecf.rid.uscourts.gov.
All documents filed in these actions shall be styled in
the same manner as this order, with the docket number
1:13-md-02472-S, and shall be filed in that case.
document relates to all actions, the docket number shall
document does not relate to all actions, the individual
docket number(s) of those action(s) to which the document
relates shall also be listed.
The Court expects to require the filing of a consolidated
reduce duplicative filings.
All counsel are expected to
make every effort to avoid duplicate filings.
in these matters that is substantially identical to any
other filing in these matters shall be sufficient if it
Where counsel for more than one
party intend to file substantially identical documents,
they shall join in the submission of a single filing.
Providence, Rhode Island
October 25, 2013
IT IS SO ORDERED.
/s/ William E. Smith
William E. Smith
U.S. District Judge
Introduction of participants;
Overview of the case – each side shall have 10-15 minutes
to summarize the case merits/procedures, etc.
shall determine who will present for each side;
Expectations regarding additional cases to be consolidated;
Schedule for filing of consolidated complaint;
Schedule for possible Motion(s) to Dismiss and/or Answer;
Application process for appointment of lead counsel and
discussion of whether appointment of separate lead counsel
for different cases will be necessary;
Waiver of Local
Discussion of pending and/or anticipated motions;
10. Discussion of discovery schedule with specific attention to
e-Discovery issues and the role of the Magistrate Judge;
11. Utilization of monthly status reports regarding progress of
discovery, motions pending, settlement, etc.;
12. Expert discovery
13. Class certification schedule and process;
14. Discussion of issues related to summary judgment motions;
15. Other issues identified by counsel.
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