Opinion
Civil Action Nos. 98-2777 D, 98-2698 D, 00-2245 D
June 21, 2001
CASE MANAGEMENT ORDER NO. 2
The Court having received a recommendation from the Special Master appointed in this matter for a modification of certain provisions of the Case Management Order issued on January 9, 2001 ("CMO No. 1"), and the Court having considered the recommendation and on the Court's own motion having determined that this Case Management Order No. 2 ("CMO No. 2") is necessary for the just, efficient and prompt resolution of this matter,
IT IS HEREBY ORDERED:
1. Each party shall complete the submission of any and all outstanding Questionnaire Responses, Certifications to such Questionnaire Responses, and Initial Assessments by July 6, 2001. This includes the submission of any information that the Special Master instructs a party to submit in order to complete its Questionnaire Response to the satisfaction of the Special Master.
2. By July 11, if deemed necessary by the Special Master and at the request of the Special Master, the plaintiffs shall file an Order to Show Cause which will be returnable on July ___, 2001, ordering any defendants identified by the Special Master as having failed to comply with the obligations of CMO No. 1 or this CMO No. 2 to appear and to show cause why sanctions, including monetary sanctions, should not be imposed on those defendants.
3. CMO paragraph No. III.7 is hereby amended to provide that the new parties identified in accordance with paragraph No. III.7 shall be added in a pleading to be filed by June 29, 2001. With the Complaint, plaintiffs shall serve on each new defendant a copy of CMO No. 1 and CMO No. 2, copies of the evidence relating to the defendant's involvement with the issues in this matter, and the Questionnaire. Each new defendant shall submit a Response to the Questionnaire within 30 days of its service. Thereafter, the Special Master shall suggest to the Court deadlines for submission of the Initial Position Paper and Response to Initial Position Paper relating to these new parties, and other procedures to incorporate them into the mediation process.
4. CMO paragraph No. III.13 is hereby amended to provide that the Special Master's Preliminary Report shall be issued on or before July 27, 2001.
5. CMO paragraph No. III.14 is hereby amended to provide that the Second Round Position Papers shall be submitted on or before August 17, 2001.
6. CMO paragraph No. III.15 is hereby amended to provide that the Response to Second Round Position Papers shall be submitted on or before August 31, 2001.
7. All other provisions and deadlines in CMO No. 1 shall remain in effect.