United States District Court, S.D. Illinois
SCHEDULING AND DISCOVERY ORDER
R. Herndon UNITED STATES DISTRICT JUDGE
Court held a scheduling conference with the parties on April
24, 2017 regarding cases Nehrt v. AstraZeneca
Pharmaceuticals, LP, et al., 17-cv-129; Coleman, et
al., v. AstraZeneca Pharmaceuticals, LP, et
al., 17-cv-130; Rosensteel, et al., v.
AstraZeneca Pharmaceuticals, LP, et al., 17-cv-131;
Skaggs II, et al., v. AstraZeneca
Pharmaceuticals, LP, et al., 17-cv-132; and Dravland
v. AstraZeneca Pharmaceuticals, LP, et al., 17-cv-133.
At the conference, it was apparent the parties did not agree
on many deadlines. To progress the litigation, the Court
informed the litigants that it would prepare a Scheduling and
Discovery Order by the following day, unless the parties
could work together and create a mutually agreed upon order.
On April 25, 2017, as the Court was preparing to docket its
order, the parties e-mailed certain agreed upon discovery
dates. The dates submitted by the parties have been
incorporated here, displacing the Court's chosen dates.
considered the information presented at the conference and
submissions from all plaintiffs and defendants regarding the
non-agreed upon discovery dates and protocols, the Court now
enters the following order.
scheduling conference, counsel for each defendant indicated
that his or her client has responded promptly to Rule 26 by
voluntarily placing a company-wide litigation hold on
relevant documents and data. The plaintiffs state they have a
custom and practice of doing so.
addition to the defendants' voluntary undertakings, the
defendants are formally ordered by the Court to hold and
preserve any of the following items as they can be
interpreted relevant to the products which are the subject of
this litigation from the time those products first entered
the research and development phase throughout this
Any documents, data, files, computers, materials, emails,
text messages, custodial files, letters, governmental
reports, expert reports, testing data, testing results,
complaints, adverse event reports, NDAs and supporting
documentation, and any and all documentation of any
description as broadly interpreted as that.
addition to the plaintiffs' voluntary undertakings, the
plaintiffs are formally ordered by the Court to hold and
All medical records, notes, journals and diaries of relevant
information, all medical billing and pharmacy records, all
receipts showing purchases of subject matter products, all
computers and hard drives which contain any medical
information or data containing any information about
doctors' visits or information relevant to the claims
made in the complaints on file in this court.
many inconsistencies between the parties' proposed
scheduling and discovery orders, counsel did manage to agree,
pursuant to SDIL-LR 16.1, to assign a “Track D”
to these five cases. However, Rule16.1(a) makes it clear that
the judge assigned to a case will track the case and assign a
presumptive trial month based on the range of dates
established by that track. It further states that “only
proposed class actions will be assigned to Track
‘D.'” Logically then, these five cases cannot
be set on Track D.
the complexity of this litigation, the Court assigns Track C
to each of these cases and will utilize the upper end of the
Track C range of 15 - 18 months for setting a presumptive
trial month. Thus, the presumptive trial month is set for
August of 2018. The specific trial date shall be set on or
before the final pretrial conference and incorporated into
the final pretrial order (when required by the presiding
judge) per Rule 16.1.
and Confer Requirement
parties are required to meet and confer prior to filing any
motion pertaining to any discovery disputes or any motions
not otherwise scheduled on this order. The concept of meet
and confer requires a good faith effort by all parties.
Clearly, the Court cannot order a party to abandon a
principle or a position that it believes in or pursues
because it feels to do otherwise will prejudice it or place
it at a strategic disadvantage. However, refusing to
negotiate or give up ground ...