United States District Court, D. Massachusetts
IN RE STRYKER LFIT V40 FEMORAL HEAD PRODUCTS LIABILITY LITIGATION
CASE MANAGEMENT ORDER NO. 5 (DEPOSITION
TALWANI, UNITED STATES DISTRICT JUDGE.
order shall govern and control the conduct of depositions of
all witnesses deposed in MDL Docket No. 2768 (“MDL No.
2768”). This Order applies to all cases previously or
hereafter transferred to this MDL, or those which are
directly filed in this District for consolidation with this
purpose of this Order is to gain the highest degree of
efficiencies in the taking of depositions and to ensure a
seamless coordination with the New Jersey Multicounty
Litigation (“MCL”) and, to the extent possible,
other state court litigations. The parties will meet and
confer in the future regarding whether an addendum to address
expert discovery is necessary and, if so, its content.
Counsel and all parties shall comply with this order, and to
the extent consistent with this Order, with applicable rules.
Counsel will make good-faith efforts to resolve all
objections, whether asserted before the deposition (including
any objections to the deposition notice) or during the
deposition, by agreement before presenting them to the Court.
Unless otherwise ordered by the Court, or agreed to by the
parties, no individual shall be deposed more than once in his
or her personal capacity. The parties acknowledge that the
New Jersey Rules regarding de bene esse depositions
may require Plaintiffs to petition the NJ-MCL for relief from
this provision. Accordingly, this provision shall not
constitute a waiver of the right to seek such relief in the
N.J. MCL, or of Defendant's right to oppose such relief
consistent with applicable rules.
participants at a deposition must be present and in
attendance at the deposition location, unless otherwise
agreed, and must identify themselves on the record at the
beginning of the deposition.
Content and Notice.
deposition notice shall include the name of each deponent, or
description of the deponent where a designated corporate
representative, the general occupational description of each
deponent, if known, the address and telephone number of an
attorney point of contact designated by the party noticing
the deposition, as well as the date, time and place of the
deposition. Each deposition notice absent consent or Court
order, shall be served twenty-one (21) days prior to the date
of the deposition set forth in the notice for party
witnesses. This order, in its entirety, shall be attached to
any subpoena or third-party deposition notice.
Cooperation and Scheduling. Absent extraordinary
circumstances, counsel shall consult with opposing counsel
and counsel for the proposed deponents in an effort to
schedule depositions at mutually convenient times and
locations. Counsel are expected to cooperate and coordinate
the schedule of depositions on a good faith basis. This shall
not preclude the service of a deposition notice or scheduling
a deposition with a placeholder date prior to such
consultation. However, the parties shall be expected to meet
and confer regarding scheduling as necessary following
service of the deposition notice. Counsel will promptly
notify counsel when depositions are to be canceled.
one deposition of a current or former employee of HOC (or
related entities) shall be taken per day, until such time as
there is a demonstrated need to multitrack depositions of the
employees of defendants. At that time, the parties shall meet
and confer on the establishment of a reasonable schedule ...