IN THE 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 )

_________________________________________ )

ORDER NO. 2

(Setting Initial Conference)

AND NOW, this 30th day of October, 2002, it appearing that the above-captioned cases

merit special attention as complex litigation, IT IS HEREBY ORDERED:

1. Initial Conference. All parties shall appear for a conference on November 6, 2002, at 2 p.m.,

in Courtroom 3-B, United States Courthouse, 601 Market Street, Philadelphia, PA 19103.

(a) Attendance. To minimize costs and facilitate a manageable conference, parties are

not required to attend the conference, and parties with similar interests are expected to

agree to the extent practicable on a single attorney to act on their joint behalf at the

conference. A party will not, by designating an attorney to represent its interests at the

conference, be precluded from other representation during the litigation, and attendance at

the conference will not waive objections to jurisdiction, venue, or service. 

(b) Service List. A list of names and addresses of the persons to whom this Order is

being mailed is appended as “Exhibit A”. Counsel on this list are requested to forward a

copy of this Order to other attorneys who should be notified of the conference. A

corrected service list, if needed, will be prepared after the conference. 

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(c) Other Participants. Persons who are not named as parties in this litigation but may

later be joined as parties or are parties in related litigation pending in other federal and

state courts are invited to attend in person or by counsel. 

2. Purposes; Agenda. The conference will be held for the purposes specified in Fed. R. Civ. P.

16(a), 16(b), 16(c), and 26(f) and subject to the sanctions prescribed in Rule 16(f). A tentative

agenda is appended as “Exhibit B”. Counsel are encouraged to advise the Court as soon as

possible of any items that should be added to the agenda. 

3. Preparations for Conference. 

(a) Procedures for Complex Litigation. Counsel are expected to familiarize themselves

with the Manual for Complex Litigation, Third, and be prepared at the conference to

suggest procedures that will facilitate the just, speedy, and inexpensive resolution of this

litigation. 

(b) Initial Conference of Counsel. Before the conference, counsel shall confer and seek

consensus to the extent possible with respect to the items on the agenda, including a

proposed discovery plan under Rule 26(f) and a suggested schedule under Rule 16(b) for

joinder of parties, amendment of pleadings, consideration of any class action allegations,

motions, and trial.

(c) List of Affiliated Companies and Counsel. To assist the Court in identifying any

problems of recusal or disqualification, counsel shall submit to the Court by November

5, 2002, a list of all companies affiliated with the parties and all counsel associated with

the litigation. 

4. Preliminary Reports. Counsel shall submit to the Court by November 22, 2002 a brief

written statement indicating their preliminary understanding of the facts involved in the litigation

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and the critical factual and legal issues. These statements will not be filed with the clerk, will not

be binding, will not waive claims or defenses, and may not be offered in evidence against a party

in later proceedings. Counsel's statement shall also list all related cases pending in state or federal

court and their current status, to the extent known. 

5. Interim Measures. Until otherwise ordered by the Court:

(a) Pleadings. Each Defendant is granted an extension of time for responding by motion

or answer to the complaint(s) until a date to be set at the conference. 

(b) Pending and New Discovery. Pending the conference, all outstanding disclosure and

discovery proceedings are stayed and no further discovery shall be initiated. This Order

does not (1) preclude voluntary informal discovery regarding the identification and

location of relevant documents and witnesses; (2) preclude parties from stipulating to the

conduct of a deposition that has already been scheduled; (3) prevent a party from

voluntarily making disclosure, in response to an outstanding discovery request under Rule

33, 34, or 36; or (4) authorize a party to suspend its efforts in gathering information

needed to respond to a request under Fed. R. Civ. P. 33, 34, or 36. Relief from this stay

may be granted for good cause shown, such as the ill health of a proposed deponent.

(c) Preservation of Records. Each party shall preserve all documents and other records

containing information potentially relevant to the subject matter of this litigation. Each

party shall also preserve any physical evidence or potential evidence and shall not

conduct any testing that alters the physical evidence without notifying opposing counsel

and, unless counsel stipulate to the test, without obtaining the Court's permission to

conduct the test. The parties may continue routine erasures of computerized data pursuant

to existing programs, but they shall (1) immediately notify opposing counsel about such

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programs and (2) preserve any printouts of such data. Requests for relief from this

directive will receive prompt attention from the Court. 

(d) Motions. No motion shall be filed under Fed. R. Civ. P. 11, 12, or 56 without leave of

Court and unless it includes a certificate that the movant has conferred with opposing

counsel in a good faith effort to resolve the matter without Court action. 

6. Later Filed Cases. This Order shall also apply to related cases later filed in, removed to, or

transferred to this Court. 

BY THE COURT:

 

BRUCE W. KAUFFMAN, J.

 

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