Free Order - District Court of Delaware - Delaware

Case 1:04-cv-00908-SLR Document 18 Filed 12/06/2005 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OE DELAWARE
MONSANTO COMPANY, et al., )
Plaintiffs, g
v. ) Civ. N0. O4—908—SLR
SYNGENTA SEEDS, INC., et al., g
Defendants. )
AMERICAN SEED COMPANY, INC., )
Plaintiff, ; _
DARRELL SOUHRADA and KENT )
DUXBURY, )
Intervenor )
Plaintiffs, )
v. ) Civ. No. 05-535-SLR
MONSANTO COMPANY, ;
Defendant. g
ORDER GOVERNING COORDINATION OF PRETRIAL ANTITRUST DISCOVERY
At Wilmington this 6m day of December, 2005,
IT IS ORDERED that:
I. The parties in American Seed Co., Inc. v. Monsanto
Company, Civ. No. 05-535-SLR (including the intervening
plaintiffs)(the “American Seed Action") and Syngenta Seeds Inc.
v. Monsanto Company, et al., Civ. No. 04-908-SLR (the “Syngenta
Action") are ordered to work together in good faith to coordinate

Case 1:04-cv-00908-SLR Document 18 Filed 12/06/2005 Page 2 of 4
discovery and prevent duplication of discovery and effort.
2. The parties shall cooperate reasonably in providing
copies of discovery requests and responses thereto filed or
served prior to the date of this order within five (5) business
days of the date of this order. The parties shall avoid
propounding interrogatories, document requests or other written
discovery requests that are either identical or substantially
similar to any previously filed discovery.
3. Documents produced in the American Seed and Syngenta
Actions shall be made available to counsel in all cases on a
reasonable basis and under terms and conditions produced to the
opposing side (or received from third parties) in those Actions.
4. Deposition transcripts from the Syngenta Action shall be
made available to counsel in all cases in the same paper and CD
formats as received by the parties in the Syngenta Action. Any
deposition noticed in the American Seed and Syngenta Actions
shall be served on counsel in all cases, but the parties in the
American Seed and Syngenta Actions shall not be permitted to
participate in the other Action’s depositions. The parties in
these actions shall not object to a second deposition on the
grounds it has already been taken.
5. The coordination of discovery in these cases should not
disadvantage those court reporting services who record the
various depositions. Therefore, the American Seed plaintiffs
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should not bypass the court reporting fees altogether. In this
regard, however, it is the court’s understanding that many court
reporting services charge an initial fee to those parties
actually participating in the deposition, and a lower fee to
those who request copies of the deposition transcripts at a later
time. The American Seed plaintiffs should pay the latter, lower
fee, for those depositions noticed in the Syngenta Action. If
the Syngenta parties select court reporting services that make no
distinction between producing the original transcript and making
copies, the American Seed plaintiffs will be able to obtain, in a
timely manner, transcripts from the Syngenta parties at the cost
of reproducing the computer disk or paper transcript.
6. Any document, interrogatory response, deposition
testimony or other matter that is designated confidential under
the Protective Order entered on January 31, 2005 in the Syngenta
Action shall be deemed to have been designated as “confidential"
in all matters and the terms of that Protective Order shall
govern all parties in all Actions.
7. All depositions in the Syngenta Action shall be used as
permitted by the Federal Rules of Civil Procedure and Federal
Rules of Evidence as if taken or propounded in the American Seed
Action subject to the provisions of paragraph 7 of this order.
8. Nothing contained herein shall constitute a waiver of
any objection of any party to the admissibility at trial of any
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Case 1:04-cv-00908-SLR Document 18 Filed 12/06/2005 Page 4 of 4
document, deposition testimony, exhibit, or written discovery
responses provided in accordance with this order, whether on
grounds of relevance, materiality, or any other basis and all
such objections are specifically reserved.
9. Any provision of this order may be modified upon good
cause shown.
United Staggs District Judge
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