Safeway Inc. et al v. Abbott Laboratories, No. 4:2007cv05470 - Document 266 (N.D. Cal. 2011)
Court Description: ORDER Granting (242 in 4:07-cv-06120-CW), (365 in 4:07-cv-05985-CW), (263 in 4:07-cv-05470-CW),(326 in 4:07-cv-05702-CW) Stipulation REGARDING PARTIES' PROPOSED EXHIBIT LISTS AND DEPOSITION DESIGNATIONS. Signed by Judge Claudia Wilken on 1/21/2011. (ndr, COURT STAFF) (Filed on 1/21/2011)
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Safeway Inc. et al v. Abbott Laboratories 1 2 3 4 5 6 Doc. 266 LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP Joseph R. Saveri (State Bar No. 130064) jsaveri@lchb.com Brendan P. Glackin (State Bar No. 199643) bglackin@lchb.com Sarah R. London (State Bar No. 267083) slondon@lchb.com 275 Battery Street, 29th Floor San Francisco, CA 94111-3339 Telephone: (415) 956-1000 Facsimile: (415) 956-1008 7 Local Counsel for Customer Plaintiffs 8 9 10 11 12 13 14 IRELL & MANELLA LLP Alexander Frank Wiles (CA 73596) awiles@irell.com Brian Hennigan (CA 86955) bhennigan@irell.com Trevor Stockinger (CA 226359) tstockinger@irell.com S. Albert Wang (CA 250163) awang@irell.com 1800 Avenue of the Stars Suite 900 Los Angeles, CA 90067 Telephone: (310) 277-1010 Facsimile: (310) 203-7199 15 Counsel for SmithKline Beecham Corporation, d/b/a GlaxoSmithKline 16 [Additional Attorneys on Signature Page] 17 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA 20 (OAKLAND DIVISION) 21 22 23 SAFEWAY INC.; WALGREEN CO.; THE KROGER CO.; NEW ALBERTSON’S, INC.; AMERICAN SALES COMPANY, INC.; and HEB GROCERY COMPANY, LP, Plaintiff, 24 vs. 25 26 ABBOTT LABORATORIES, Defendant. 27 28 [caption continues next page] 908387 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. C 07-5470 (CW) Related per October 31, 2007 Order to Case No. C-04-1511 (CW) STIPULATION AND [PROPOSED] ORDER REGARDING PARTIES’ PROPOSED EXHIBIT LISTS AND DEPOSITION DESIGNATIONS Date: Time: Courtroom: Judge: N/A N/A 2 (4th Floor) Hon. Claudia Wilken STIP. AND [PROPOSED] ORDER REGARDING PARTIES’ PROPOSED EXHIBIT LISTS AND DEPOSITION DESIGNATIONS (C07-5470, C07-5702, C07-5985, C07-6120) Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 SMITHKLINE BEECHAM CORPORATION ) d/b/a/ GLAXOSMITHKLINE, ) ) Plaintiff, ) ) vs. ) ) ABBOTT LABORATORIES, ) ) Defendant. ) ) ) ) ) ) ) ) MEIJER, INC. & MEIJER DISTRIBUTION, ) INC., on behalf of themselves and all others ) similarly situated, ) ) Plaintiffs, ) ) vs. ) ) ABBOTT LABORATORIES, ) ) Defendant. ) ) ) ) ) ) ) RITE AID CORPORATION; RITE AID ) HDQTRS, CORP.; JCG (PJC) USA, LLC; ) MAXI DRUG, INC. d/b/a BROOKS ) PHARMACY; ECKERD CORPORATION; ) CVS PHARMACY, INC.; and CAREMARK, ) L.L.C., ) ) Plaintiff, ) ) vs. ) ) ABBOTT LABORATORIES, ) ) Defendant. ) ) ) ) Case No. C 07-5702 (CW) Related per November 19, 2007 Order to Case No. C-04-1511 (CW) STIPULATION AND [PROPOSED] ORDER REGARDING PARTIES’ PROPOSED EXHIBIT LISTS AND DEPOSITION DESIGNATIONS Date: Time: Courtroom: Judge: N/A N/A 2 (4th Floor) Hon. Claudia Wilken Case No. C 07-5985 (CW) CONSOLIDATED CASE Related per November 30, 2007 Order to Case No. C-04-1511 (CW) STIPULATION AND [PROPOSED] ORDER REGARDING PARTIES’ PROPOSED EXHIBIT LISTS AND DEPOSITION DESIGNATIONS Date: Time: Courtroom: Judge: N/A N/A 2 (4th Floor) Hon. Claudia Wilken Case No. C07-6120 (CW) Related per December 5, 2007 Order to Case No. C-04-1511 (CW) STIPULATION AND [PROPOSED] ORDER REGARDING PARTIES’ PROPOSED EXHIBIT LISTS AND DEPOSITION DESIGNATIONS Date: Time: Courtroom: Judge: N/A N/A 2 (4th Floor) Hon. Claudia Wilken 27 28 908387 STIP. AND [PROPOSED] ORDER REGARDING PARTIES’ PROPOSED EXHIBIT LISTS AND DEPOSITION DESIGNATIONS (C07-5470, C07-5702, C07-5985, C07-6120) WHEREAS, the Customer Plaintiffs,1 plaintiff SmithKline Beecham d/b/a 1 2 GlaxoSmithKline (“GSK”), and defendant Abbott Laboratories (“Abbott”) exchanged exhibit 3 lists and deposition designations on January 11, 2011, pursuant to the Court’s Standing Order on 4 Pretrial Preparation (“Standing Order”); 5 6 WHEREAS, the Customer Plaintiffs and GSK (“Plaintiffs”) provided Abbott with a joint exhibit list, and Abbott provided all plaintiffs with a single exhibit list; 7 WHEREAS, the Court’s Standing Order provides that no party shall be permitted to offer 8 any exhibit in its case-in-chief that is not disclosed in its exhibit list without leave of the Court for 9 good cause shown; 10 WHEREAS, while the parties have been diligently attempting to reduce their respective 11 exhibit lists, they have found that the large number of exhibits designated is unduly hampering 12 the meet-and-confer process, leading the parties to anticipate that this process will not be 13 completed in a meaningful way by the current January 25, 2011 deadline to submit exhibit lists 14 and objections; 15 16 WHEREAS, the parties are continuing to meet and confer on witness lists in an attempt to reduce the number of deposition designations that need to be submitted to the Court; 17 WHEREAS, all parties have agreed to the following procedures to streamline the process 18 for submitting documentary exhibit lists and objections as well as deposition designations to the 19 Court, while preserving each of their respective rights; 20 WHEREAS, all parties now seek the Court’s approval of the following procedures for 21 pretrial exchange of exhibit lists and deposition designations and objections thereto; 22 IT IS HEREBY STIPULATED AND AGREED: 23 24 1. exhibit list and Abbott’s exhibit list as of 3 p.m. on January 26, 2011 (the “common exhibits”); 25 26 No party will object to any exhibit that is still identified on both the plaintiffs’ 2. No later than 9:00 a.m. on January 24, 2011, Plaintiffs and Abbott will each identify sub-lists of additional exhibits (excluding the common exhibits) to which the other side 27 28 1 Plaintiffs in Case Nos. 07-5470 (CW), 07-5985 (CW), and 07-6120 (CW). 908387 -1- STIP. AND [PROPOSED] ORDER REGARDING PARTIES’ PROPOSED EXHIBIT LISTS AND DEPOSITION DESIGNATIONS (C07-5470, C07-5702, C07-5985, C07-6120) 1 should specifically object, and which will be the subject of focused meet-and-confers to arrive at 2 stipulations of admissibility. Each side will select only 200 exhibits for its sub-list. 3 3. Objections to the other side’s sub-list will be exchanged by 3 p.m. on Wednesday, 4 January, 26, 2011. If an exhibit would have been a common exhibit, but for the fact that one side 5 removed that exhibit from the common exhibit list between the filing of this stipulation and 3 6 p.m. on Wednesday, January 26, 2011, such exhibit will be added to the other side’s sub-list 7 without counting against the other side’s 200-exhibit cap. 8 9 4. All objections are preserved as to all other exhibits not on the common exhibit list and not on the respective sub-lists, but disclosed on January 11, 2011; 10 5. If a party attempts to introduce an exhibit from its exhibit list that is outside of the 11 common exhibits and outside of that side’s sub-list, the opposing side may have any of its 12 objections heard during trial. The time needed to resolve these objections will be deducted from 13 the trial time of the party seeking to introduce the exhibit; 14 15 6. The parties will file the aforementioned exhibit lists by Friday, January 28, 2011; 7. The deadline for Plaintiffs and Abbott to each deliver a set of premarked exhibits and 16 17 to the Courtroom Deputy will be Monday, January 31, 2011. The premarked exhibits will include 18 all potential exhibits, i.e. all items on one side’s exhibit list, and will not be limited to only the 19 exhibits on that side’s sub-list. Only one set of common exhibits need be delivered. 20 8. The parties will exchange objections and counter-designations to deposition 21 designations on February 4, 2011. The parties will then seek guidance from the Court during the 22 February 8, 2011 pretrial conference as to the Court’s preferences for the filing of deposition 23 designations, objections to those designations, deposition counter-designations, and objections to 24 those counter-designations, as well as the timeline for making those filings. 25 26 27 28 908387 -2- STIP. AND [PROPOSED] ORDER REGARDING PARTIES’ PROPOSED EXHIBIT LISTS AND DEPOSITION DESIGNATIONS (C07-5470, C07-5702, C07-5985, C07-6120) 1 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD: 2 4 /s/ S. Albert Wang S. Albert Wang IRELL & MANELLA LLP 1800 Avenue of the Stars, Suite 900 Los Angeles, CA 90067-4276 5 Counsel for GSK 3 /s/ Stephanie McCallum Stephanie McCallum WINSTON & STRAWN LLP 35 W. Wacker Drive Chicago, IL 60601 Telephone: (312) 558-5600 Facsimile: (312) 558-5700 Email: smccallum@winston.com 6 Counsel for Abbott Laboratories 7 8 9 10 11 12 __ /s/ Sarah R. London_______________ Sarah R. London LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP Embarcadero Center West 275 Battery Street, 30th Floor San Francisco, CA 94111-3339 /s/ Scott Perwin ________ KENNY NACHWALTER, PA Scott Eliot Perwin, Pro Hac Vice 201 S. Biscayne Blvd. 1100 Miami Center Miami, Florida 33131 Telephone: (305) 373-1000 Facsimile: (305) 372-1861 Email: sperwin@kennynachwalter.com Counsel for Customer Class Plaintiffs Lead Counsel for Safeway Inc., et al. 13 14 15 16 17 18 19 /s/ Monica L. Rebuck ________ HANGLEY ARONCHICK SEGAL & PUDLIN Monica L. Rebuck, Pro Hac Vice 30 North Third Street, Suite 700 Harrisburg, PA 17101-1701 Telephone: (717) 364-1007 Facsimile: (717) 362-1020 Email: mrebuck@hangley.com Lead Counsel for Rite Aid Corp., et al. 20 PURSUANT TO STIPULATION, IT IS SO ORDERED. Court’s preferences for the filing of 21 deposition designations, objections to those designations, deposition counter-designations, and 22 objections to those counter-designations are for the parties to lodge one copy of each transcript, 23 with colorcoded highlighting to show designations, and objections with Evidence Code number 24 written in the margins, not less than 14 days before the deposition is to be read. 25 26 Dated: 1/21/2011 Judge Claudia Wilken United States District Court Northern District of California 27 28 908387 -3- STIP. AND [PROPOSED] ORDER REGARDING PARTIES’ PROPOSED EXHIBIT LISTS AND DEPOSITION DESIGNATIONS (C07-5470, C07-5702, C07-5985, C07-6120) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 908387 -4- STIP. AND [PROPOSED] ORDER REGARDING PARTIES’ PROPOSED EXHIBIT LISTS AND DEPOSITION DESIGNATIONS (C07-5470, C07-5702, C07-5985, C07-6120) 1 GENERAL ORDER 45 ATTESTATION 2 I, S. Albert Wang, am the ECF User whose ID and password was used to file this 3 STIPULATION AND [PROPOSED] ORDER REGARDING PARTIES’ PROPOSED EXHIBIT 4 LISTS AND DEPOSITION DESIGNATIONS. In compliance with General Order 45, X.B., I 5 hereby attest that the above counsel concurred in this filing. 6 7 Dated: January 20, 2010 10 /s/ S. Albert Wang S. Albert Wang IRELL & MANELLA LLP 1800 Avenue of the Stars, Suite 900 Los Angeles, CA 90067 11 Counsel for GSK 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 908387 -5- STIP. AND [PROPOSED] ORDER REGARDING PARTIES’ PROPOSED EXHIBIT LISTS AND DEPOSITION DESIGNATIONS (C07-5470, C07-5702, C07-5985, C07-6120)
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