___________________________________________
IN RE: BAYCOL : COURT OF COMMON PLEAS
LITIGATION IN
PHILADELPHIA : PHILADELPHIA COUNTY
COURT OF COMMON
PLEAS : NOVEMBER TERM, 2001
: No. 00001
___________________________________________
IN RE: BAYCOL
CASES I & II : SUPERIOR COURT
CALIFORNIA
JUDICIAL COUNCIL : LOS
ANGELES COUNTY
COORDINATED
PROCEEDING : JCCP No. 4217 AND 4233
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DEPOSITION PROTOCOL
It is hereby
agreed, by and between the undersigned counsel, that all depositions conducted
in the above-captioned matters (“the coordinated actions”) will proceed under the following protocol:
1. All depositions will be videotaped. There will
be either one or two cameras.
(a) If
there is one camera, it will focus on the deponent and/or any exhibit being
shown to the deponent.
(b) It
there are two cameras, one camera will focus on the deponent at all times. The second camera will focus on any exhibit
being shown to the deponent.
(c) There
will be no other video cameras permitted.
2. (a) Objections will be made by counsel by stating,
“Objection.”
(b) If further clarification of an objection is warranted,
any additional discussion will be off-camera/off the video record, with a
stenographic record only.
(c) Only
counsel for the deponent, the attorney(s) taking the deposition, and counsel
for other defendants in the coordinated actions may make objections.
(d) Counsel
who are attending the deposition because of the receipt of a Cross-Notice of
Deposition may not object during examination conducted in the coordinated
actions.
(e) No
objection shall be made during the taking of a deposition except those
addressed to the form of a question, or to assert a privilege, a right to
confidentiality, or a limitation imposed pursuant to a previously entered court
order, and an attorney shall not instruct a witness not to answer a question
unless the basis of the objection is privilege, a right to confidentiality, or
a limitation imposed pursuant to a previously entered court order. The right to
object on other grounds is preserved, and may be asserted at the time the
deposition testimony is proffered at trial. An objection to the form of the
question shall include a statement by the objector as to why the form is
objectionable so as to allow the interrogator to amend the question. No
objection shall be expressed in language that suggests an answer to the
deponent.
(f) If
there is an objection, and a deponent is instructed not to answer a particular
question, the court reporter will mark the transcript, and will list those
objections at the beginning of the transcript. If the Court subsequently overrules
the objection, the deponent may be re-deposed, and costs associated with the
subsequent deposition will be assessed.
3. Participation by telephone will not be
permitted.
4. Upon
agreement of the parties, video-conferencing may be permitted.
5. Depositions noticed in the coordinated actions
shall proceed as follows:
(a) The
attorney(s) questioning a deponent shall complete direct examination of the
deponent. Counsel for the deponent may cross-examine, with subsequent re-direct
and re-cross as appropriate.
(b) After
the examination by the attorney(s) in the coordinated actions is completed,
other parties present because of receipt of Cross-Notices of Deposition may
examine the deponent.
6. At least two weeks prior to each deposition,
counsel for the deponent must certify that all records pertaining to that
deponent, including, but not limited to, the deponent’s personal file and all
documents pertaining to that deponent’s department, have been produced. Should additional documents, including those
that are determined not subject to privilege, be produced less than two weeks
before the deadline for certification, plaintiffs shall have the right to
re-depose a deponent.
7. In the
event a deposition of a corporate designee is requested, the defendant must
identity the designated deponent at least two weeks prior to the deposition. At
least two weeks prior to the deposition, counsel for the deponent must also
certify that all documents relating to the subject matter of the corporate
designee deposition are produced.
8.
Conferences
and/or discussion between the deponent and counsel for the deponent shall not
be permitted at any time during the deposition or during a break in the
examination, except for the purpose of determining whether a privilege exists.
Counsel conducting the deposition may inquire about the content of
conversations engaged in between the deponent and counsel for the deponent
during any break in the deposition and counsel for the witness shall not object
to or instruct the witness not to answer those questions since those
communications are not privileged.
9.
All exhibits will be marked for
identification by using the deponent’s last name and a sequential number
beginning with 1, e.g., Smith-1. In addition, the exhibit will also be
identified on the record by Bates number of the document. If a document is used
in more than one deposition, it will be marked in each deposition. All
documents marked as exhibits will be attached to the original transcript only,
and will be retained in the repository at 1710 Spruce Street, Philadelphia,
Pennsylvania.
10.
With regard to
paragraph 5 of the Stipulation and Order Re: Coordination of Written Discovery
and Depositions of Bayer AG, Bayer Corporation and GSK Witnesses, dated June
10, 2002, it is hereby agreed that counsel for the coordinated actions are
permitted eight (8) hours for direct examination of the deponent. Breaks,
objections, or time during which the deponent is reviewing records, shall be
excluded from the calculation of the time for direct examination.
11.
Each deponent
has the right to read and sign the deposition transcript within thirty (30)
days after receipt of the transcript from the court reporter. Should the
deponent fail to return the transcript within that time, the plaintiffs have
the right to use a copy of the transcript in any further proceedings, as though
the copy were the original transcription. Should the deponent fail to return
the errata sheet within that time, the transcript will be deemed to have been
read and approved by the deponent.
ANAPOL, SCHWARTZ, WEISS, COHAN GREITZER & LOCKS
FELDMAN & SMALLEY, P.C.
BY: BY:
SOL H. WEISS, ESQUIRE LEE B. BALEFSKY, ESQUIRE
1900 Delancey Place 1500
Walnut Street, 20th Floor
Philadelphia, PA 19103 Philadelphia, PA 19102
Plaintiffs’ Liaison Counsel Plaintiffs’ Liaison Counsel
LEVIN, FISHBEIN, SEDRAN & BERMAN SHERMAN, SALKOW, PETOYAN &
WEBER
BY: BY:
ARNOLD LEVIN, ESQUIRE ARTHUR
SHERMAN, ESQUIRE
510 Walnut Street, Suite 500 11601 Wilshire Blvd., Ste. 675
Philadelphia, PA 19106 Los Angeles, CA 90025
Plaintiffs’ Liaison Counsel Plaintiffs’ Co-Lead Counsel
ROBINSON, CALCAGNIE & ROBINSON LOPEZ, HODES, RESTAINO, MILMAN
&
SKIKOS
BY: BY:
MARK P.
ROBINSON, JR., ESQUIRE RAMON ROSSI LOPEZ, ESQUIRE
620 Newport
Center Dr., 7th Floor STEVEN J.
SKIKOS, ESQUIRE
Newport
Beach, CA 92660 450 Newport Center Dr., 2nd Floor
Plaintiffs’
Co-Lead Counsel Newport Beach, CA 92660
Plaintiffs’
Liaison Counsel
ECKERT SEAMANS CHERIN & DECHERT
MELLOTT, LLC
BY: BY:
ALBERT G. BIXLER, ESQUIRE HOPE S.
FREIWALD, ESQUIRE
1515 Market Street, Ninth Floor 4000 Bell Atlantic Tower
Philadelphia, PA 19102 1717 Arch Street
Defendants’ Liaison Counsel Philadelphia,
PA 19103
Attorneys for
Defendant
SmithKlineBeecham
Corporation
d/b/a
GlaxoSmithKline