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IN RE PREMPRO PRODUCTS LIABILITY LITIGATION

September 16, 2005.

IN RE: PREMPRO PRODUCTS LIABILITY LITIGATION.


The opinion of the court was delivered by: WILLIAM WILSON, District Judge

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ORDER CLARIFYING AND IMPLEMENTING STANDING ORDER REGARDING COST AND PRODUCTION OF CORE DOCUMENTS
Pending is Wyeth's Motion to Enforce Cost Order Re: Payment for Copies of Wyeth Documents (Doc. No. 696).
  We have devoted considerable time and thought to a fair and efficient plan for the production, inspection and copying of the defendants' documents that is consistent with the principles for document production in the Federal Rules of Civil Procedure and the recommendations of the Fourth Edition of the Manual for Complex Litigation. The plan approved is set forth in two orders: Cost Order re: Production of Documents by Defendant Wyeth*fn1 and Standing Order Regarding Cost and Production of Core Documents*fn2 ("Standing Order"). Absent clarification of the Standing Order, actions taken by counsel in related state court litigation will obviously frustrate the current plan and interfere with the management of this multidistrict proceeding. Accordingly, Wyeth's Motion to Enforce Cost Order Re: Payment for Copies of Wyeth Documents (Doc. No. 696) is GRANTED. It is ORDERED that the following will be added after the last sentence in Section IV(A) of the Standing Order:
MDL Plaintiffs will pay these per-page charges from all documents which they or their counsel obtain from defendants, whether they do so pursuant to a document request in these proceedings or in related state court litigation or otherwise. MDL Plaintiffs will be deemed to have "obtained" such documents if they, their counsel, or their retained consultants secure copies in any form (paper or electronic including e-mail, ...

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