IN RE: FRESH AND PROCESS POTATOES ANTITRUST LITIGATION. THIS DOCUMENT RELATES TO: ALL ACTIONS
CASE MANAGEMENT ORDER NO. 5
B. LYNN WINMILL, Chief District Judge.
The Court has reviewed Case Management Order No. 4 (Dkt. 239), after discussing with counsel at the June 27, 2013 status conference the need to revise it to reflect the transfer by United States Judicial Panel on Multidistrict Litigation of Associated Wholesale Grocers, Inc. v. United Potato Growers of America, Inc. et al., Case No. 13-cv-2182 from the United States District Court for the District of Kansas to the above-captioned MDL No. 2186. The Court has also reviewed the parties' briefs and heard oral argument on whether to modify the CMO to provide for resolution of the Capper-Volstead issues earlier in the proceedings, and determined that it will not do so. Accordingly, the Court has determined that it is in the best interest of this litigation to issue the following Order, which will supersede Case Management Order No. 4, except as noted herein:
IT IS ORDERED:
1. Initial Disclosures: The parties are relieved of their obligation to provide initial disclosures under Federal Rule of Civil Procedure 26(a)(1).
2. Service of Discovery Materials: The parties may use electronic means to effect service of discovery materials. To avoid undue burden and expense, the parties shall only be required to serve discovery materials upon the following counsel: James Pizzirusso (for direct purchasers); Susan G. Kupfer (for indirect purchasers); Matthew L. Dameron (for Associated Wholesale Grocers); Steven B. Andersen (for cooperative and certain grower defendants); Monte N. Stewart and Robert A. Rosenfeld (for certain grower defendants); William L. Greene (for R.D. Offutt Co.); Brian E. McGovern (for Ronald Offutt, Jr.); James A. Wilson (for Idahoan Foods, LLC); and Christopher E. Ondeck (for Potandon Produce L.L.C.).
3. Requests for Production:
a. Class Plaintiffs (direct purchasers and indirect purchasers) and defendants have served their initial requests for production of documents upon one another. Any remaining disputes as to those productions shall be handled in accordance with Case Management Order No. 4.
b. Associated Wholesale Grocers will be provided with the requests for production of the Class Plaintiffs. Associated Wholesale Grocers has been provided with the search terms agreed with defendants as to those requests. If requested by Associated Wholesale Grocers, defendants shall provide it with copies of the documents produced to the Class Plaintiffs.
c. Associated Wholesale Grocers shall serve by August 30, 2013 any initial requests for production of documents upon the defendants. Defendants shall serve their responses and objections to Associated Wholesale Grocers' requests by September 30, 2013. Associated Wholesale Grocers' and defendants shall thereafter meet and confer with respect to any disagreements arising out of defendants' responses and objections. If Associated Wholesale Grocers and defendants cannot resolve their disagreements, Associated Wholesale Grocers will file a motion to compel by October 31, 2013. Such motion shall be governed by Local Rule 7.1, unless otherwise ordered by the Court.
d. Defendants may serve their requests for production of documents upon Associated Wholesale Grocers by August 30, 2013. Associated Wholesale Grocers shall serve its objections and responses to defendants' requests by September 30, 2013. Associated Wholesale Grocers and defendants shall meet and confer with respect to any disagreements regarding these requests. If Associated Wholesale Grocers and defendants cannot resolve their disagreements, defendants will file a motion to compel by October 31, 2013. Such motion shall be governed by Local Rule 7.1, unless otherwise ordered by the Court.
4. E-Discovery Order: On August 31, 2012, the Court entered the Order for the Discovery of Electronically Stored Information (Dkt. 238). Associated Wholesale Grocers shall file, by August 15, 2013, any objections to the application and binding effect of that E-Discovery order to Associated Wholesale Grocers, to the discovery of Associated Wholesale Grocers and to any discovery produced by defendants in this action. If no such objection is filed, the Court's August 31, 2012 E-Discovery order shall bind Associated Wholesale Grocers and its counsel of record in this action.
5. Preservation Order: On February 2, 2011, the Court entered the Preservation Order (Dkt. 61) governing the preservation of documents and electronically stored information in this litigation. Associated Wholesale Grocers shall file, by August 15, 2013, any objections to the application and binding effect of that Preservation Order to Associated Wholesale Grocers. If no such objection is filed, the Court's February 2, 2011 Preservation Order shall bind Associated Wholesale Grocers and its counsel of record in this action. Associated Wholesale Grocers and defendants shall provide to all other parties, by September 15, 2013, their respective custodian lists and ESI information as described in Section III of the Preservation Order.
6. Search Terms: Within 30 days after responding to requests for production, the responding party shall serve the propounding party with a list of terms it plans to use to search for responsive electronic documents. The parties shall have 30 days after each set of search terms is served to meet and confer in an effort to reach agreement on the list of search terms to be used. Defendants reserve their right to oppose the imposition of any obligation to search their ESI using search terms not included in the list negotiated with the Class Plaintiffs, except for terms that would capture documents specifically related to Associated Wholesale Grocers. If the parties cannot reach agreement regarding all search terms, they shall identify for the ...