United States District Court, Southern District of New York
September 2, 2003
IN RE ADELPHIA COMMUNICATIONS CORP. SECURITIES & DERIV. LITIG., APPLIES TO ALL CASES
The opinion of the court was delivered by: Harold Baer, Jr., District Judge
PRACTICE AND PROCEDURE ORDER
UPON TRANSFER PURSUANT TO 28 U.S.C. § 1407
1. This order shall govern the practice and procedure in those actions transferred to this Court by the Judicial Panel on Multidistrict Litigation pursuant to their order of July 23, 2003, as well as all related actions originally filed in this Court or transferred or removed to this Court. These actions are listed in Schedule A attached hereto. This order shall also govern the practice and procedure in any tag-along actions transferred to this Court by the Judicial Panel on Multidistrict Litigation pursuant to Rule 12 of the Rules of Procedure of that Panel subsequent to the filing of the final transfer order by the Clerk or otherwise transferred or removed to this Court. Schedule B lists the civil action numbers now assigned to each action that was transferred to the Southern District of New York.
2. A signed original of any pleading or paper shall be filed; only one courtesy copy need be delivered to chambers. All papers filed in these actions shall bear the identification "03 MD 1529," and when such paper relates to all actions, the MDL docket number shall be followed only by the notation "Applies To All Cases." If such paper does not relate to all of the actions, but rather to specific actions, the paper, below the MDL docket number, shall state that it "Applies To:" followed by the individual applicable docket number(s), as assigned by the Clerk (listed in Schedule B).
3. Any paper which is to be filed in any of these actions shall be filed with the Clerk and not with the transferor district court.
4. An MDL File is hereby established for the proceedings in the actions
related to the multidistrict litigation. The MDL File shall be identified
by "03 MD 1529." The original of this Order shall be filed by the Clerk
in the MDL File herein established. The Clerk shall maintain a separate
file for each of the actions and filings shall be made therein in
accordance with the regular procedures of the Clerk of this Court except
as further modified by future Order of this Court. The Clerk shall file a
copy of this Order in each such separate file.
5. When a pleading or paper is filed and the caption, pursuant to this
Order, shows that it "Applies To All Actions," the Clerk shall file such
pleading in the MDL file, and note such filing in the MDL Docket. No
further copies need be filed nor other docket entries made unless further
instructions are given by this Court.
6. When a paper is filed and the caption shows that it does not apply to all actions, the Clerk shall file the original of the paper in the MDL File and a copy in the file of each separate action to which it applies and shall note such filing in the MDL Docket and in the docket of each such separate action. The party filing such paper shall supply the Clerk with sufficient copies of any paper to permit compliance with this paragraph.
7. When an action is hereafter filed in or transferred to this Court as related to this multidistrict litigation, the Clerk of Court shall:
a. File a copy of this Order in the separate file for such action.
b. Make an appropriate entry in the MDL Docket.
8. Counsel who appeared in the transferor district court prior to the transfer need not enter a separate appearance before this Court.
9. Before the first pretrial conference, service of all papers shall be made on each of the attorneys on the Panel Attorney Service List attached hereto as Schedule C. Any attorney who wishes to have his name added to or deleted from such Panel Attorney Service List may do so upon request to the Clerk of this Court with notice to all other persons on such service list. Service shall be deemed sufficient if made upon all attorneys on the Panel Attorney Service List.
The Parties shall present to the Court at the first pretrial conference a list of all attorneys for purposes of service. Only one attorney for a party separately represented shall be included on such list.
10. Before the first pretrial conference, counsel for defendants whose interests are similarly aligned will confer and designate liaison counsel, subject to the approval of the Court. Likewise, counsel for non-class action plaintiffs, whose interests are aligned, will confer and designate liaison counsel, subject to the Court's approval. Liaison counsel shall be authorized to receive all notices from the Court on behalf of all parties within their liaison group and shall be responsible for the preparation and transmittal of copies of such orders and notices to the parties in their liaison group. Liaison counsel shall be required to maintain complete files with copies all documents served upon them and shall make such files available to parties within their liaison group upon request. Liaison counsel are also authorized to receive orders and notices from the Judicial Panel on Multidistrict Litigation pursuant to Rule 8(e) of the Panel's Rules of Procedure on behalf of all parties within their liaison group and shall be responsible for the preparation and transmittal of copies of such orders and notices to the parties in their liaison group.
11. Class action plaintiffs are directed to confer before the first pretrial conference Page 3 and select lead plaintiff(s) and lead counsel(s). If unable to agree, plaintiffs that chose to, will submit letter briefs of no more than three pages in length to chambers by or before September 11, 2003, to provide information as to their choice for that role.
12. Upon remand of any of these actions, the parties will be required to provide to this Court copies of any necessary and relevant papers previously filed.
13. No parties to any of these actions shall be required to obtain local counsel in this district and the requirements of Rule 1.3(c) of the Rules of this Court are waived as to any attorney appearing in these actions who is duly admitted to practice before any United States Court.
14. Hearings shall not be held on any motions filed except by order of this Court upon such notice as the Court may direct.
15. Any paper filed in any of these actions which is substantially identical to any other paper filed in another of these actions shall be sufficient if it incorporates by reference the paper to which it is substantially identical. Where counsel for more than one party plans to file substantially identical papers, they shall join in the submission of such papers and shall file only one paper on behalf of all so joined.
16. Any orders, including protective orders previously entered by this Court or any transferor district court, shall remain in full force and effect unless modified by this Court upon application.
17. All discovery proceedings in these actions are stayed until further order of this Court and the time requirements to perform any acts or file any papers pursuant to Rules 26 through 37 of the Federal Rules of Civil Procedure are tolled until the first pretrial conference at which time a discovery schedule will be established.
18. The Court will be guided by the Manual for Complex Litigation, Third approved by the Judicial Conference of the United States and counsel are directed to familiarize themselves with that publication.
19. You may find a copy of my local rules at:
20. An initial pretrial conference is to be held on September 15, 2003
at 10:00 a.m. in Courtroom 23B at 500 Pearl Street, New York, N.Y.
10023, during which counsel should be prepared to discuss which actions
in this multidistrict litigation should be consolidated with each other
for pretrial purposes. By September 12, 2003, the parties are directed to
file with the Clerk and to provide to chambers one jointly submitted
summary, providing notice of the nature of each action, e.g., class
action, derivative action, etc., and the matters presently pending. By
September 5, 2003, counsel shall furnish to chambers by fax
(212-805-7901) suggestions for any other items to be included on the
agenda for this conference.
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