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In Re: Aftermarket Filters et al.

February 14, 2011

IN RE: AFTERMARKET FILTERS ET AL.


Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Robert W. Gettleman than Assigned Judge Geraldine Soat Brown

CASE TITLE

DOCKET ENTRY TEXT

This order sets out the parties' agreements as described in their Joint Status Report [711] and the court's rulings on the parties' discovery disputes as described in the Joint Motion For Resolution Of Discovery Disputes [708]. For the reasons stated on the record during the hearing on February 7, 2011: (a) the Joint Motion is granted, and the disputes are ruled upon as stated herein; and (b) Plaintiffs' Motion for Leave to Conduct the Depositions of Four Champion Laboratories, Inc. Employees [706] is granted.

O[ For further details see text below.] Notices mailed by Judicial staff.

*Copy to judge/magistrate judge.

STATEMENT

Unless otherwise stated herein, the deadlines and provisions of this Order shall also apply to United States ex rel. Burch v. Champion Laboratories, Inc., et al., No. 1:10-cv-05975 (N.D. Ill.) (the "qui tam case").

I. Fact Discovery:

All fact discovery on merits and class certification issues, including discovery of third parties, shall be noticed in time to be completed by December 9, 2011.

A. Rule 30(b)(1) Depositions:

1. The parties have agreed to a schedule for certain depositions pursuant to Rule 30(b)(1), as set out on the Joint Status Report.

2. The parties may, by agreement, reschedule any deposition in the event that unforeseen circumstances arise, and, by agreement, may modify the proposed deposition schedule, including the alteration of dates and the substitution or removal of deponents, without seeking leave of court.

3. Defendants may cross-notice all defense witness depositions.

4. Following the filing of the indirect purchaser plaintiffs' motion for leave to file a third amended complaint, the parties will promptly meet and confer to schedule depositions for the new indirect purchaser plaintiffs, which shall be taken before December 9, 2011.

5. Plaintiffs motion to depose four additional Champion witnesses, Mike Boyer, Lowell Cockrum, Art Demers and Scott Lewis, is granted. The parties shall promptly confer to schedule those depositions at a mutually agreed time and place.

6. In the event that defendants serve a subpoena for the deposition of G. Steven Stidham (counsel for plaintiff/relator William G. Burch), and Mr. Stidham objects, Mr. Stidham or his counsel will file a motion to quash the subpoena. The parties agree that before serving any such subpoena defendants will meet and confer with Mr. Stidham and his co-counsel in the qui tam case.

7. No additional 30(b)(1) depositions beyond those described in this Order may be taken without ...


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