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In re Stryker LFIT V40 Femoral Head Products Liability Litigation

United States District Court, D. Massachusetts

January 11, 2018

IN RE STRYKER LFIT V40 FEMORAL HEAD PRODUCTS LIABILITY LITIGATION

          CASE MANAGEMENT ORDER NO. 5 (DEPOSITION GUIDELINES)

          INDIRA TALWANI, UNITED STATES DISTRICT JUDGE.

         I. General Provisions

         A. This 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 MDL proceeding.

         B. The 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.

         C. Counsel and all parties shall comply with this order, and to the extent consistent with this Order, with applicable rules.

         D. 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.

         E. 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.

         F. All 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.

         II. Notice

         A. Content and Notice.

         Each 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.

         III. Scheduling

         A. 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.

         B. Only 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 ...


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