Free Order - District Court of Delaware - Delaware

Case 1 :07-md-01866-GIVIS Document 8 Filed 11/15/2007 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
)
IN RE: BRIMONIDINE PATENT )
LITIGATION ) MDL Docket No. 07-md—l866 GMS

ORDER SETTING SCHEDULING CONFERENCE
l. Initial Conference. All parties shall appear for an initial conference to discuss case
management of this MDL with the undersigned on Friday, February 8, 2008, at 9:30 a.m. at the
United States Courthouse for the District of Delaware, 844 N. King Street, in Courtroom 4A,
Wilmington, Delaware.
(a) Attendance. To minimize costs and facilitate a manageable conference, parties are
not required to attend the conference. Attendance at the conference will not waive
objections to jurisdiction, venue, or service. Telephonic appearances will not be
pennitted.
2. Purposes. The conference will be held for the purposes specified in F ed. R. Civ. P.
l6(a), l6(b), l6(c), and 26(f) and subject to the sanctions prescribed in Rule l6(f).
3. Preparations for Conference.
(a) Procedures for Complex Litigation. Counsel are expected to familiarize themselves
with the Manual for Complex Litigation, Fourth and be prepared at the conference
to suggest procedures that will facilitate the just, speedy, and inexpensive resolution
of this litigation.
(b) Initial Conjerence of Counsel. Before the conference, counsel shall confer and seek
consensus to the extent possible with respect to all agenda items listed below. On or
before the close of business on Friday, Februag 1, 2008, counsel shall file a
JOINT STATUS REPORT addressing each agenda item.
1. Jurisdiction and Service. Does the court have subject matter jurisdiction?
Are all parties subject to the court’s jurisdiction? Do any remain to be
served?

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2. Substance ofthe Action. What are the factual and legal bases for plaintiff s
claims and defendants’ defenses?
3. Identwcation of Issues. VVhat factual and legal issues are genuinely in
dispute?
4. Narrowing of Issues. Can the issues in litigation be narrowed by agreement
or by motions? Are there dispositive or partially dispositive issues
appropriate for decision on motion?
5. Relief What specific relief does plaintiff seek? VVhat is the amount of
damages sought and generally how is it computed?
6. Amendment of Pleadings?
7. Joinder of Parties?
8. Discovery. Discovery contemplated by each party and the amount of time it
may take to complete discovery? Can discovery be limited? Are less costly
and time—consuming methods available to obtain necessary information?
Have the parties explored and discussed the possibility of utilizing a
magistrate judge during the discovery process?
9. Estimated trial length. ls it feasible or desirable to bifurcate issues for trial?
ls it possible to reduce the length ofthe trial by stipulations, use of summaries
or statements, or other expedited means of presenting evidence?
10. Jury trial?
l l. Settlement. Have there been settlement discussions? What are the prospects
for settlement? ls referral to the Magistrate for mediation or other ADR
mechanism appropriate?
l2. Related cases. Are there any related cases pending in federal or state court?
13. Pending motions. Counsel’s Joint Status Report shall list all pending
motions.
14. Such other matters as counsel considers conducive to the just, speedy and
inexpensive determination of this action.
15. A statement that counsel for the parties have conferred about each of the
above matters.
2

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4. Interim Measures.
(a) Admission of Counsel. Attorneys admitted to practice and in good standing in any
United States District Court are admitted pro hoc vice in this litigation.
(b) Stays. All previously issued stays are lifted as of the date of this Order. The parties
should be prepared to file all motions or answers in a timely manner pursuant to the
lifting of the stays.
(c) 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 disclosures, responding to an outstanding discovery
request under Federal Rule of Civil Procedure 33, 34, or 36; or (4) authorize a party
to suspend its efforts in gathering information needed to respond to a request under
Rule 33, 34, or 36. Relief from this stay may be granted for good cause shown, such
as the ill health of a proposed deponent.
(d) Orders of Transkror Courts. All orders by transferor courts imposing dates for
pleading or discovery are vacated.
5. Later Filed Cases. This Order shall apply to related cases later filed to, removed to,
or transferred to this court.
6. Applications for Lead and Liaison Counsel Appointments. The court presently
intends to appoint lead counsel and liaison counsel. Applications for these positions
shall be filed within ten Q10) days 0f the date of this Order. The main criteria the
court will consider for these appointments are: (1) willingness and ability to commit
to a time-consuming process; (2) ability to work cooperatively with others; (3)
professional experience in this type of litigation; and (4) access to sufficient
resources to advance the litigation in a timely manner.
7. Continuation of Conkrence. No continuance of the conference will be granted
except by order ofthe court upon application of counsel made seven (7) days before
the date of the conference supported by a declaration stating the reasons for the
request.
Dated: November I , 2007 { ][ 2 i · X Z Q
CHIE , UNITED STATES DISTRIC DGE
3 F I L E D
NOV l 5 2007
us. msrmcr coum
onsrmcr or DELAWARE

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