United States District Court, E.D. Pennsylvania
AMENDED PRE-TRIAL SCHEDULING ORDER RE: CONTENTION
MICHAEL M. BAYLSON UNITED STATES DISTRICT COURT JUDGE
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.
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.
Plaintiffs shall serve Contention Statements as to the fact
of injury in consecutively numbered paragraphs - December 22,
Plaintiff shall serve a Contention Statement as to the amount
of its damages, by January 15, 2018, and showing the basis
for all calculations.
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.
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.
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 ...