UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF PENNSYLVANIA

MC - UA LOCAL 119 HEALTH AND WELFARE

PLAN, on behalf of itself and all others similarly

situated,

Plaintiff,

v.

GLAXOSMITHKLINE plc and SMITHKLINE

BEECHAM CORPORATION,

Defendants.

X

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X

Docket No. 02-CV-4398

JOSEPH BURRELL and EILEEN JACOBS, on behalf

of themselves and all others similarly situated, and

HEALTH CARE FOR ALL, on behalf of itself and its

respective members

Plaintiffs,

v.

GLAXOSMITHKLINE plc and SMITHKLINE

BEECHAM CORPORATION,

Defendants.

X

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X

Docket No. 02-CV-4431

Case 2:02-cv-04431-BWK Document 5 Filed 10/29/2002 Page 1 of 13
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UNITED FOOD AND COMMERCIAL WORKERS

UNIONS AND EMPLOYERS MIDWEST HEALTH

BENEFITS FUND, on behalf of itself and all others

similarly situated,

Plaintiff,

v.

GLAXOSMITHKLINE plc and SMITHKLINE

BEECHAM CORP. d/b/a GLAXOSMITHKLINE, INC.,

Defendants.

X

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X

Docket No. 02-CV-4571

JOANNE GADDY, Individually and on behalf of all

others similarly situated,

Plaintiff,

v.

GLAXOSMITHKLINE plc and SMITHKLINE

BEECHAM CORPORATION,

Defendants.

X

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X

Docket No. 02-CV-6707

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SHEILA A. VIGEANT, on behalf of herself and all

other persons and entities similarly situated,

Plaintiff,

v.

GLAXOSMITHKLINE plc and SMITHKLINE

BEECHAM CORP. d/b/a GLAXOSMITHKLINE, INC.,

Defendants.

X

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X

Docket No. 02-CV-6687

JEFFREY ETTINGER, MATTHEW ANDRE and

FLORIDA ADVOCATES FOR CONSUMER TRUTH,

on behalf of themselves and all other persons and

entities similarly situated,

Plaintiffs,

v.

GLAXOSMITHKLINE plc and SMITHKLINE

BEECHAM CORP. d/b/a GLAXOSMITHKLINE, INC.,

Defendants.

X

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X

Docket No. 02-CV-6688

CASE MANAGEMENT ORDER NO. 1

WHEREAS, the above-captioned actions have been filed against Defendants

GlaxoSmithKline plc and SmithKline Beecham Corporation in the United States District Court

for the Eastern District of Pennsylvania, seeking injunctive relief and money damages for alleged

injuries sustained by indirect purchasers of Wellbutrin SR®

 and Zyban®

; 

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WHEREAS, in order to promote judicial economy and avoid duplication, plaintiffs have

requested the Court to provide for (i) coordination among the actions brought on behalf of a

putative class of consumers of and/or third-party payors for Wellbutrin SR® and Zyban®

(collectively, “End-Payor Class Actions”); (ii) consolidation of the End-Payor Class Actions filed

in or transferred to this District; and (iii) an organization of Plaintiffs’ Counsel in the End-Payor

Class Actions; and 

ACCORDINGLY, and for Good Cause Shown, IT IS HEREBY ORDERED as 

follows: 

I. CONSOLIDATION OF ACTIONS

1. Any End-Payor Class Action now pending or hereafter filed in this Court, or

transferred to this Court, arising out of the same alleged operative facts as the above-captioned

actions, is hereby consolidated for all pretrial and trial purposes (collectively, the “Consolidated

Action”).

II. CAPTION OF CASES

 2. Every pleading filed in the Consolidated Action shall bear the following caption:

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF PENNSYLVANIA

__________________________________________

)

IN RE WELLBUTRIN SR/ZYBAN ANTITRUST )

LITIGATION ) Master File No. 02-CV-4398

_________________________________________ )

)

THIS DOCUMENT RELATES TO: )

_________________________________________ )

 3. When a pleading or other court paper filed in the Consolidated Action is intended

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to apply to all actions therein, the words “All Actions” shall appear immediately after the words

“THIS DOCUMENT RELATES TO:” in the caption set out above. When a pleading or other

court paper is intended to be applicable only to one, or some, but not all of such actions, the party

filing the document shall indicate the action(s) to which the document is intended to be

applicable by last name of the named plaintiff(s) and the docket number(s). 

III. MASTER DOCKET, MASTER FILE, AND SEPARATE ACTION DOCKETS

 4. A Master Docket and a Master File are hereby established for the Consolidated

Action, including actions subsequently filed in or transferred to this Court. The Master File

number is 02-CV-4398. 

 5. Documents shall bear the captions, as provided in paragraphs 2-3 above, of the

actions in which the authors intend the documents to be served and/or filed. Entries shall be

made on the dockets of those actions whose captions appear on the pleading or court paper.

 6. Separate dockets shall be maintained for each related End-Payor Class Action

subsequently filed in or transferred to this Court, and entries shall be made therein in accordance

with the regular procedures of the Clerk of this Court, except as modified by this Order or a

future order of this Court.

 7. When a pleading or other court paper is filed and the caption, pursuant to ¶¶ 2-3

above, shows that it is to be applicable to “All Actions,” the Clerk shall file such pleading or

other court paper in the Master File and note such filing in the Master Docket. No further copies

need to be filed or docket entries made.

 8. When a pleading or other court paper is filed and the caption shows that it is

applicable to fewer than all actions that are consolidated before this Court, the Clerk shall file

such pleading or other court paper only in the Master File, and shall note such filing in both the

Master Docket and in the docket of each such action.

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IV. NEWLY FILED OR TRANSFERRED ACTIONS

 9. When a case that relates to the subject matter of the Consolidated Actions is

hereafter filed in this Court or transferred here from another court, the Clerk of this Court shall:

 a. Make an appropriate entry in the Master Docket;

 b. Place a copy of this Order in the separate file for such action;

 c. Mail a copy of this Order to the attorney(s) for the Plaintiff(s) in the newly filed or

transferred case and to the attorneys for any new Defendant(s) in the newly filed or transferred

case with a specific reference to paragraph 12 of this Order, requiring that any objection to

consolidation be filed within 15 days; and

 d. Mail a copy of the Order of assignment to counsel for Plaintiffs and to counsel for

Defendants.

10. This Court requests the assistance of counsel in calling to the attention of the

Clerk of the Court the filing or transfer of any case which might properly be consolidated as part

of the Consolidated Action.

11. Counsel shall notify the Clerk of any action brought on behalf of a putative class

of End-Payor purchasers of Wellbutrin SR®/Zyban

® that is subsequently filed in or transferred to

this Court.

12. This Order shall apply to each related case that is subsequently filed in this Court

or transferred to this Court unless a party objecting to the consolidation of such case or to

provision of this Order shall, within fifteen (15) days after the date upon which an Order is

mailed to counsel for such party, file an application for relief from this provision and this Court

deems it appropriate to grant such application. 

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V. CONSOLIDATION & ORGANIZATION OF COUNSEL

13. The consolidated actions are as follows: 

Plaintiff Docket No. Judge Assigned

MC-UA Local 119

Health and Welfare Plan 

02-CV-4398 The Honorable Bruce W. Kauffman

Joseph Burrell 02-CV-4431 The Honorable Bruce W. Kauffman

United Food and Commercial

Workers Benefits Fund

02-CV-4571 The Honorable Bruce W. Kauffman

Joanne Gaddy 02-CV-6707 The Honorable Bruce W. Kauffman

Sheila A. Vigeant 02-CV-6687 The Honorable Bruce W. Kauffman

Jeffrey Ettinger 02-CV-6688 The Honorable Bruce W. Kauffman

14. The Court designates the following to act on behalf of all Plaintiffs in the

Consolidated Action, with the responsibilities hereinafter described:

a. As Liaison Counsel in the Consolidated Action:

Anthony J. Bolognese

Bolognese & Associates, LLC

1617 JFK Blvd., Suite 650

Philadelphia, PA 19103

Telephone: (215) 814-6750

Facsimile: (215) 814-6764

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b. As Co-Lead Counsel in the Consolidated Action:

Marc A. Topaz

Joseph H. Meltzer

Schiffrin & Barroway, LLP

Three Bala Plaza East, Suite 400

Bala Cynwyd, PA 19004

Telephone: (610) 667-7706

Facsimile: (610) 667-7056 

J. Douglas Richards

Michael M. Buchman

Milberg Weiss Bershad Hynes

 & Lerach, LLP

One Pennsylvania Plaza

New York, NY 10119

Telephone: (212) 594-5300

Facsimile: (212) 868-1229

Thomas M. Sobol

Jeniene Andrews-Matthews

Hagens Berman LLP

225 Franklin Street

Boston, Massachusetts 02107

Telephone: (617) 482-3700

Facsimile: (617) 482-3003

- and -

Christopher A. O’Hara

1301 5th Avenue, Suite 2900

Seattle, Washington 98101

Telephone: (206) 623-7292

Facsimile: (206) 623-0594

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15. Defendants’ counsel are as follows:

Mark S. Stewart

Leslie E. John

Ballard Spahr Andrews 

 & Ingersoll, LLP

1735 Market Street

Philadelphia, PA 19103

Telephone: (215) 665-8500

Facsimile: (215) 864-8999

William J. Baer

Kenneth A. Letzler

Cathy Hoffman

Amy R. Mudge

June Im

Arnold & Porter

Thurman Arnold Building

555 Twelfth Street, N.W.

Washington, D.C. 20004

Telephone: (202) 942-5000

Facsimile: (202) 942-5999

16. Each attorney not a member of the Bar of this Court who is acting as counsel for a

plaintiff or a defendant herein shall be deemed admitted pro hac vice to practice before this Court

in connection with these proceedings.

17. Liaison Counsel in the Consolidated Action is charged with administrative

matters such as receiving and distributing notices, orders, motions, and briefs, and advising

parties of developments in the case. 

18. Co-Lead Counsel in the Consolidated Action shall have sole authority over the

following matters on behalf of all plaintiffs in those respective actions: (a) convening meetings of

counsel; (b) initiation, response, scheduling, briefing, and argument of all motions; (c) the scope,

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order, and conduct of all discovery proceedings; (d) assigning such work assignments to other

counsel as they may deem appropriate; (e) the retention of experts; (f) designation of which

attorneys may appear at hearings and conferences with the Court; (g) the timing and substance of

any settlement negotiations with Defendants; and (h) other matters concerning the prosecution of

or resolution of their respective cases.

19. No motion shall be initiated or filed on behalf of any Plaintiff in the Consolidated

Action except through Co-Lead Counsel and Liaison Counsel.

20. Co-Lead Counsel and Liaison Counsel in the Consolidated Action shall have sole

authority to communicate with Defendants’ counsel and the Court on behalf of all Plaintiffs. 

Defendants’ counsel may rely on all agreements made with Co-Lead Counsel and Liaison

Counsel, and such agreements shall be binding on all counsel and named plaintiffs in the

Consolidated Action.

21. All Plaintiffs’ counsel shall keep contemporaneous time records.

VI. COORDINATION

22. Co-Lead Counsel and Liaison Counsel shall coordinate activities to the extent

appropriate and practicable. That coordination shall include collaboration to avoid duplication

and inefficiency in the filing, serving and/or implementation of pleadings, other court papers,

discovery papers, and discovery practice.

VII. SCOPE OF ORDER

23. The terms of this Order shall not have the effect of making any person, firm or

entity a party to any action in which he, she or it has not been named, served or added as such

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in accordance with the Federal Rules of Civil Procedure. The terms of this Order and the

consolidation ordered herein shall not constitute a waiver by any party of any claims in or 

defenses to any action.

24. The terms of this Order shall not constitute a waiver by Defendants of any

defenses they may have to any claims, or of any objections or defenses (including any defenses or

objections under Rule 23 of the Federal Rules of Civil Procedure) they may have to the propriety

of class certification.

VIII. FILING AND SERVICE OF DOCUMENTS

25. A Copy of each Order entered by the Court will be provided to Plaintiffs’ Liaison

and Co-Lead Counsel in the Consolidated Action and to counsel for Defendants.

26. Defendants shall effect service on plaintiffs by serving a copy of any document on

Plaintiffs’ Liaison and Co-Lead counsel, listed in paragraph 14, above. Plaintiffs shall effect

service on Defendants by serving a copy of any document on counsel for Defendants listed in

paragraph 15, above. 

27. Filing and service of any document may be effected by transmitting the original

(for filing) or a copy (for service) of the document by: electronic transmittal (electronic case

filing for documents submitted to the Court or electronic mail for service); overnight courier for

next-business-day delivery; telecopier (service only); or hand delivery. Filing or service shall be

deemed effective on the date on which the document is received (any document filed or served

via electronic transmission, telecopier or hand delivery is deemed received on the day sent,

provided the sender can establish receipt). 

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IX. INITIAL CASE SCHEDULING AND WAIVER OF SERVICE

28. Consolidated Class Action Complaint. Plaintiffs in the Consolidated Action are

hereby granted leave to file a Consolidated Class Action Complaint in their respective actions at

anytime on or before November 5, 2002. 

29. Waiver of Service and Responsive Pleading. Pursuant to Rule 4(d) of the

Federal Rules of Civil Procedure, Defendants GlaxoSmithKline plc and SmithKline Beecham

Corporation, respectively have agreed to waive service of process of the Consolidated Class

Action Complaint. Service of process shall be deemed appropriate by delivery of the

Consolidated Class Action Complaint to counsel for Defendants listed in paragraph 15. 

30. Each Defendant's response to the Consolidated Class Action Complaint shall be

due within sixty (60) days of service of the Consolidated Class Action Complaint. 

31. The Consolidated Class Action Complaint will supersede all previously filed

complaints in the individual End-Payor Class Actions hereby consolidated by this Order. As a

result, Defendants shall not be required to file any responsive pleading to any of the individual

End-Payor Class Action complaints now or hereafter consolidated into this Consolidated Action,

even if the time to respond would expire before the deadline set herein for responding to the

Consolidated Class Action Complaint. Accordingly, Defendants shall not be found in default for

failing to respond to any End-Payor Class Action consolidated into this Consolidated Action.

IT IS SO ORDERED.

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Dated: ___________________________________

Honorable Bruce W. Kauffman

United States District Judge

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