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In re Domestic Drywall Antitrust Litigation

United States District Court, E.D. Pennsylvania

November 6, 2017

IN RE DOMESTIC DRYWALL ANTITRUST LITIGATION
v.
USG Corp., et al., Defendants. THIS DOCUMENT RELATES TO Ashton Woods Holdings LLC, et al., Plaintiffs,

          AMENDED PRE-TRIAL SCHEDULING ORDER RE: CONTENTION STATEMENTS

          MICHAEL M. BAYLSON UNITED STATES DISTRICT COURT JUDGE

         Following submissions on behalf of Plaintiffs and Defendants concerning the Contention Statements discussed at a hearing on October 19, 2017, the following will constitute the Court's decision on content and scheduling Contention Statements and further proceedings. This schedule is designed to assure exchange of relevant information among the parties in a manner that is fair to all parties and to keep this complex litigation moving at a reasonable pace, but allowing for sufficient time for the parties to assemble and receive information and proceed towards conclusion of pre-trial proceedings, hopefully within one year.

         In finalizing this schedule, in antitrust cases, there is a distinction between the “fact of injury” and the “amount of injury, ” although there may be some overlapping facts as to both concepts. This Order is intended to require completion of pre-trial discovery on both issues by a fair, orderly schedule.

         1. Plaintiffs shall serve Contention Statements as to the fact of injury in consecutively numbered paragraphs - December 22, 2017.

         2. Each Plaintiff shall serve a Contention Statement as to the amount of its damages, by January 15, 2018, and showing the basis for all calculations.

         3. Not later than January 15, 2018, Defendants shall serve counter Contention Statements as to the “fact of injury, ” and by February 15, 2018, as to the amount of damages, as to each plaintiff. The Court will not require Defendants to make any calculation of damages.

         4. General.

a. If a contention does not apply to all Plaintiffs, or all Defendants, it shall be specific as to its applicability.
b. The Contention Statements shall be stated in separately numbered paragraphs, in chronological order, if feasible, and shall be include reasonable details, a citation to the documents, sworn declarations or deposition testimony (or other source(s)) relied upon by each party, but not requiring every possible citation to the record.
c. If any party desires to rely on an expert for these Statements, the expert reports must be served with the Contention Statements and with the information required by Rule 26(a)(2). As to any Contention Statement prepared by a party's own employees, or existing professional (such as an accounting firm), and the party does not serve an expert report, that party will be precluded from presenting expert testimony on these topics at any future time.
d. Each party shall accompany its Contention Statement with identification of at least one, but not more than three, officers, employees, third parties or experts, who are knowledgeable about the Statement, and who will appear for a deposition if requested.
e. If a party relies on the same witness for both the fact of injury and the amount of damages, that individual may be deposed for a total of eight hours. Otherwise, these depositions will be limited to five hours each.

         5. The Plaintiffs' statements as to the amount of damages shall contain at least the following information:

a. How much gypsum wall board did each Plaintiff purchase (preferably stated in square feet) for which it ...

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