1

 The scheduling of Phase 2 discovery will follow in a later Order.

Page 1 of 3

IN UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN RE WELLBUTRIN SR/ZYBAN ANTITRUST :

LITIGATION :

_________________________________________ : Master File No. 02-CV-4398

:

THIS DOCUMENT RELATES TO :

ALL ACTIONS :

O R D E R

AND NOW, this 28th day of February, 2003, after holding a discovery status hearing 

in the above-captioned matter, it is hereby ORDERED that:

1. Based upon the representation that there has been an initial production of

documents, self-executing disclosures requirements are eliminated by agreement of counsel.

2. By March 13, 2003, the parties must finalize and execute a confidentiality

agreement.

3. Discovery in this action will be staged. Merits discovery [Phase 1] will proceed

first, to be followed by class discovery [Phase 2].1 The first stage of Phase 1 discovery will proceed

in the following matter:

A. The first stage of merits discovery is limited to paper discovery. 

B. The bulk of non-privileged documents are to be exchanged in the first stage of

Phase 1 discovery. All documents withheld pursuant to a claim of privilege are to be

identified in the withholding party’s privilege log.

C. The first stage of merits discovery will end on July 28, 2003. 

D. On July 29, 2003 at 10:00 a.m. in Courtroom 3-H, I will hold a discovery hearing

to discuss the status of this action. The parties are to be prepared to discuss the

second stage of Phase 1 discovery, the completion of merits discovery. Plaintiffs’

Lead Counsel and Counsel for the Defendants are to be present.

Case 2:02-cv-04398-BWK Document 21 Filed 02/28/2003 Page 1 of 3
Page 2 of 3

E. During the first stage of Phase 1 discovery, no party may serve contention

interrogatories.

F. During the first stage of Phase 1 discovery, the parties may not file dispositive

motions.

G. During the first stage of Phase 1 discovery, Defendants will not be required to 

state whether they intend to rely upon an “advice of counsel” defense in this litigation.

 

4. During the course of discovery, the parties are expected to work together to move

this case forward. In the event that counsel cannot, in good faith, resolve a discovery dispute without

court intervention, they are directed to contact chambers through a telephone call, or letter facsimile,

to request the scheduling of a conference. A telephone or in-person conference to discuss and

resolve the dispute will be scheduled in a prompt fashion. The filing of formal discovery motions is

discouraged.

5. Defendants’ unopposed Motion for Admission of Counsel Pro Hace Vice [Docket

Entry No. 18] is GRANTED. H. Holden Brooks is admitted pro hace vice to represent Defendants

in this litigation.

6. I prefer that the parties do not provide courtesy copies of dispositive motions to

my chambers.

7. Given the nature of this litigation, and the number of attorneys involved, Plaintiff’s

liaison counsel is directed to update my chambers, in writing, as to any changes in parties and/or

counsel. 

BY THE COURT:

 

M. FAITH ANGELL

UNITED STATES MAGISTRATE JUDGE

Case 2:02-cv-04398-BWK Document 21 Filed 02/28/2003 Page 2 of 3
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ORDER FAX FORM

If you want your Order faxed,

 please provide names and fax numbers below.

 Thank you.

CASE NO. 02-4398

TODAY’S DATE: February 28, 2003 LAW CLERK’S INITIALS: JJK

NAME FAX NUMBER (Area Code & Number)

1. Anthony J. Bolognese, Esq. 215-814-6764

2. Marc A. Topaz, Esq. 610-667-7056

Joseph H. Meltzer, Esq.

3. J. Douglas Richards, Esq. . 212-868-1229

Michael M. Buckman, Esq

4. Thomas M. Sobol, Esq. 617-482-3003

Jeniene Andrews-Matthews, Esq.

5. Christopher A. O’Hara, Esq. 206-623-0594

6. Mark S. Stewart, Esq. 215-864-8999

Leslie E. John, Esq

7. William J. Baer, Esq. 202-942-5999

Kenneth A. Letzler, Esq.

Cathy Hoffman, Esq.

Amy R. Mudge, Esq.

June Im, Esq.

Case 2:02-cv-04398-BWK Document 21 Filed 02/28/2003 Page 3 of 3