Case3:14-cv-04123-JD Document22 Filed10/02/14 Page1 of 5
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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`Master File No. 14-cv-03264-JD
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`CONSOLIDATION AND CASE
`MANAGEMENT ORDER
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`IN RE CAPACITORS ANTITRUST
`LITIGATION.
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`Now that the JPML process is complete, at least for the initial case filings, the Court issues
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`this consolidation and case management order. This order supersedes all prior consolidation and
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`case management orders that were issued in the related cases discussed below.
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`CONSOLIDATION OF RELATED CASES
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`1.
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`The Court has already found that these cases are related cases under Civil Local
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`Rule 3-12:
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`a. 3:14-cv-03264-JD
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`b. 3:14-cv-03300-JD
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`c. 3:14-cv-03698-JD
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`d. 3:14-cv-03815-JD
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`e. 3:14-cv-04123-JD.
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`2.
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`Pursuant to FRCP 42(a), the Court now consolidates all these cases into Civil
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`Action No. 14-3264 for all pretrial proceedings before this Court. All filings and submissions
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`from here on should be captioned: “In re Capacitors Antitrust Litigation” under the 3:14-cv-
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`03264-JD case number.
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`3.
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`If a related action is subsequently filed in or transferred to this District, it will be
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`consolidated into this action for all pretrial purposes. This order will apply to every such related
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`Case3:14-cv-04123-JD Document22 Filed10/02/14 Page2 of 5
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`action, without a further order of the Court. A party that objects to consolidation, or to any other
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`provision of this order, must file an application for relief from this order within ten (10) days after
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`the date on which the party’s counsel receives a copy of this order.
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`4.
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`This order is entered without prejudice to the rights of any party to apply for
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`severance of any claim or action, for good cause shown.
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`5.
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`Pretrial consolidation does not mean that the actions necessarily will be
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`consolidated for trial. That issue will be decided later in the case. It also does not have the effect
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`of making any entity a party in any action in which he, she, or it has not been named, served, or
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`added in accordance with the Federal Rules of Civil Procedure.
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`MASTER DOCKET AND CAPTION
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`6.
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`The docket in Civil Action No. 14-cv-03264 will constitute the master docket, and
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`the file in that action will be the master file for every action in the consolidated action.
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`7.
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`When a pleading applies only to some, but not all, of the member actions, the
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`document must list the docket number for each individual action to which the document applies
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`immediately under the master caption. Any document not identified in that way will be presumed
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`to apply to all member cases.
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`8.
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`The parties must file a Notice of Related Cases pursuant to Civil Local Rule 3-12
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`whenever a case that should be consolidated into this action is filed in, or transferred to, this
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`District. If the Court determines that the case is related, the Clerk of the Court shall:
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`a. file a copy of this order in the separate file for such action;
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`b. serve on plaintiff’s counsel in the new case a copy of this order;
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`c. direct that this order be served upon defendants in the new case; and
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`d. make the appropriate entry in the master docket sheet (No. 3:14-cv-03264-JD).
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`9.
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`If there are any disputes about whether a new action should be related to this
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`consolidated action, they must promptly be brought to the Court’s attention or any objection may
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`be deemed waived.
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`DATE AND AGENDA FOR INITIAL CASE MANAGEMENT CONFERENCE
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`10.
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`The initial case management conference will be held on Wednesday, October 29,
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`2014 at 9:30 a.m. before the Honorable James Donato in Courtroom 11, 19th floor of the United
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`States District Court, 450 Golden Gate Avenue, San Francisco, California. The plaintiffs’
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`unopposed motions to appoint interim class counsel pursuant to FRCP 23(g) have already been
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`noticed for that date and time. The case management conference will follow a hearing on those
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`motions.
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`11.
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`Counsel should be prepared at the conference to suggest procedures that will
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`facilitate the expeditious, economical, and just resolution of this litigation. In addition, items on
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`the agenda will include the filing of a consolidated amended complaint, amendment of other
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`pleadings, a proposed discovery plan, and a timetable for anticipated motions. Counsel should
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`confer and seek consensus to the fullest extent possible. Plaintiffs’ counsel must be prepared to
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`inform the Court whether they intend to file a consolidated amended complaint, and if so, by what
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`date.
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`12.
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`Each party represented by counsel must appear at the initial case management
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`conference through its lead attorney who will have primary responsibility for representing the
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`party in this litigation. To minimize costs and facilitate a manageable conference, parties with
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`similar interests may, to the extent practicable, arrange to have an attending attorney represent the
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`party’s interest at the conference. A party will not, by designating another party’s attorney to
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`represent that party’s interest at the conference, be precluded from other representation during the
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`litigation, nor will attendance at the conference waive objections to jurisdiction, venue, or service.
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`13.
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`In a similar vein, the Court expects that parties with similar interests -- namely the
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`parties on the same side of the “v.” -- will consolidate all filings and submissions as much as
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`possible, including for the joint case management statement, which will be due on Wednesday,
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`October 22, 2014. The goal is to avoid burying the Court in multiple versions of largely identical
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`filings. Because the Court is ordering maximum consolidation of all filings, no party will be
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`allowed at any time in the case, including before the jury, to refer to that consolidation as evidence
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`of collusion or cooperation by the parties involved.
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`DEFENDANTS’ RESPONSE DEADLINE AND STATUS OF DISCOVERY
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`14.
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`Defendants are granted an open-ended extension of time for responding to the
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`complaint(s) -- or a consolidated complaint -- pending further order of the Court. In addition,
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`pending the initial case management conference and further orders of the Court, any outstanding
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`discovery proceedings are stayed and no discovery shall be initiated.
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`15.
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`Parties and counsel are directed to carefully review the Court’s standing orders on
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`civil discovery and civil cases for guidance on the Court’s procedures. The Court handles all
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`discovery disputes itself. Discovery disputes or issues that are not presented in strict conformance
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`with the Court’s standing orders will be rejected.
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`PRESERVATION OF EVIDENCE
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`16.
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`Parties and counsel are reminded of the duty to preserve evidence that may be
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`relevant to this action. The duty extends to documents, data, and tangible things (with those terms
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`to be interpreted in the broadest possible manner that is consistent with the FRCP) in the
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`possession, custody or control of the parties to this action, regardless of geographic location, as
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`well as any employees, agents, contractors, or other non-parties who possess materials reasonably
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`anticipated to be subject to discovery in this action. Counsel are under an obligation to the Court
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`to exercise all reasonable efforts to identify and notify parties and non-parties, including
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`employees of corporate or institutional parties, whether they are located in the United States or
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`abroad. The Court advises parties and counsel that any failure to honor this obligation will result
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`in sanctions ranging from monetary sanctions to issue or evidence preclusion, depending on the
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`gravity of the failure.
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`COMMUNICATIONS WITH THE COURT AND AMONG COUNSEL
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`17.
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`All substantive communications with the Court must be in writing and e-filed on
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`the master docket. Counsel are advised to keep phone calls to the Court’s courtroom deputy to a
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`minimum. Outside of an emergency of some sort, or to raise a discovery issue during a deposition
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`as provided for in the standing order on discovery, no one should need to call the deputy. No
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`party or counsel should try to contact chambers’ staff for any reason. Also, please make sure all
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`chambers’ copies are delivered to the Clerk of the Court and not directly to chambers. Chambers
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`Case3:14-cv-04123-JD Document22 Filed10/02/14 Page5 of 5
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`does not accept deliveries.
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`18.
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`The Court recognizes that cooperation by and among plaintiffs’ counsel and by and
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`among defendants’ counsel is essential for the orderly and expeditious resolution of this litigation.
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`Consequently, the Court makes clear that the communication of information among and between
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`plaintiffs’ counsel and among and between defendants’ counsel will not be deemed a waiver of the
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`attorney-client privilege or the protection afforded by the attorney work product doctrine, and any
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`such cooperative efforts shall in no way be used against any plaintiff by any defendant or against
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`any defendant by any plaintiff.
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`IT IS SO ORDERED.
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`Dated: October 2, 2014
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`______________________________________
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`JAMES DONATO
`United States District Judge
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