Opinion
Case No: 10-CV-8869 (LTS)(KNF)
05-24-2012
KATHRYN ORWIG-REIHL, et al., Plaintiffs, v. WATSON PHARMACEUTICALS, INC., et al., Defendants,
Judge: Laura Taylor Swain
PARTIES JOINT PROPOSED ORDER
This matter having come before the Court on Plaintiffs' Motion to Vacate the Current Scheduling Order and Stay All Proceedings and Discovery, filed April 16,2012 [Doc. 49], and the Court having considered that Motion and Defendants Watson Pharmaceuticals, Inc., Watson Pharma, Inc., Watson Laboratories, Inc., a Nevada Corporation, and Watson Laboratories, Inc., a Delaware Corporation's Response [Doc. 50], and otherwise being fully advised,
It is HEREBY ORDERED;
(1) The current scheduling order [Doc. 27] is hereby vacated;
(2) This case is stayed pending the decision of the Judicial Panel on Multidistrict Litigation regarding the transfer of this case to MDL-2372; and
(3) While this case is stayed, the parties may (either by agreement or by petitioning the court) conduct discovery of third parties by authorization, or subpoena if necessary, in order to obtain medical records, pharmacy records, death investigation records, educational records, employment records, tax records, social security records, and insurance records that specifically pertain
to the decedents. Conducting such discovery by agreement is the preferred course and consent to do so shall not be unreasonably withheld or made contingent upon any other agreement. Further, it is understood and agreed that Defendants may continue to conduct discovery of third parties to obtain any and all records related to the decedents for which authorizations have already been provided by Plaintiffs.
(4) If the parties wish to conduct discovery other than that provided for in paragraph 3 above, they may petition this Court and, upon a showing of good cause, such discovery will be permitted.
(5) Nothing in this order shall prohibit the parties during the pendency of the stay from requesting and/or obtaining documents and tangible things regarding decedents that are publically available without authorization or subpoena.
SUBMITTED BY AND AGREED TO:
___________
Michael Heygood, Esq.
(Admitted pro hoc vice)
michael@hop-law.com
David E. Pitcher, Esq.
(Admitted pro hoc vice)
david@hop-law.com
James Craig Orr, Jr., Esq.
(Admitted pro hoc vice)
jim@hop-law.com
Eric D. Pearson, Esq.
(Admitted pro hoc vice)
erk@hop-law.com
Charles W. Miller. Esq.
(Admittedpro hoc vice)
charJes@hop-iaw.com
Heygood, Orr & Pearson
2331 W. Northwest Highway, 2nd Floor
Dallas. TX 75220
(214)237-9001
(214) 237-9002 FAX
And
___________
Jose P. Thomas, Esq.
(Admitted pro hac vice)
jthotnas@ulmer.com
Jeffrey F. Peck, Esq.
(Admitted pro hoc vice)
jpeck@ulmer.com
K.C. Green, Esq.
(Admitted pro hoc vice)
kcgreen@uhner.com
Jeffrey D. Geoppinger, Esq.
(Admitted pro hoc vice)
jgeoppinger@u lmcr.com
Kenneth R. Craycraft Jr., Esq.
(Admitted pro hoc vice)
kcraycrafl@ulmer.com
Ulmer & Berne LLP
600 Vine Street, Suite 2800
Cincinnati, OH 45202
Tel: 513.698.5000
Fax: 513.698.5001
Christopher R. LoPalo
Worby, Groner, Edelman & Napoli Bern, LLP
350 Fifth Avenue
New York, New York 10118
(212) 267-3700
Attorneys for Plaintiffs
Andrew J. Scholz, Esq. (RP 3906)
aschol2@goldbergsegalia.c0m
Goldberg Segalla, LLP
11 Marline Avenue, Suite 750
White Plains, NY 10606
Tel: 914.798.5400
Fax: 914.798.5401
Attorneys for Defendants Watson
Pharmaceuticals, Inc., Watson Pharma, Inc.,
Watson Laboratories, Inc. a Delaware
corporation, and Watson Laboratories, Inc., a
Nevada corporation