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UNITED STATES DISTRICT COURT DISTRICT OF MAINE

IN RE NEW MOTOR V EHICLES CANADIAN EXPORT ANTITRUST LITIGATION

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MDL DOCKET NO. 1532

FURTHER ORDER CONCERNING COUNSEL'S RESPONSIBILITIES Plaintiffs' counsel in the Consolidated Actions have agreed upon an organizational structure for the management of those Consolidated Actions. Defendants' counsel have conferred with each other and with plaintiffs' counsel concerning certain matters related to the efficient conduct of this action. The Court, having being advised of the parties' agreement as set forth herein, enters the following Order. 1. Organization of Plaintiffs' Counsel in the Consolidated Actions. The

organizational structure of plaintiffs' counsel established in this Order shall bind plaintiffs' counsel in the Consolidated Actions, including any additional action subsequently governed by this Order. A. Plaintiffs' Executive Committee Chair and Vice-Chair. (1) The Chair and Vice-Chair shall be the contact between defendants'

counsel and counsel for plaintiffs in the Consolidated Actions. An agreement reached with plaintiffs' Chair and Vice-Chair shall be binding on all other plaintiffs' counsel in the Consolidated Actions. (2) Except as the Court's electronic case filing system provides service to

everyone, the Chair and the Vice-Chair of the Plaintiffs' Executive Committee are designated

as the counsel for plaintiffs in the Consolidated Actions upon whom all notices, orders, pleadings, motions, discovery and memoranda relating to the Consolidated Actions shall be served, and defendants shall effect service of papers on plaintiffs in the Consolidated Actions by serving the Chair and the Vice-Chair. Except as the Court's electronic case filing system provides service to everyone, the Chair and the Vice-Chair shall forward any notices from the Court and report upon any communications to other plaintiffs' counsel as appropriate and shall effect service of papers on other counsel by: (a) overnight mail service; (b) fax machine/telecopier; (c) hand delivery; or (d) electronic service. (3) The Chair and the Vice-Chair shall have sole authority over the following

matters on behalf of all plaintiffs: (a) the initiation, response, scheduling, briefing and arguing of all motions; (b) the scope, order and conduct of all discovery proceedings; (c) such work assignments to other plaintiffs' counsel as they may deem appropriate; (d) designation of which attorneys may appear at hearings; (e) the timing and substance of any settlement negotiation with any defendant; and (f) other matters concerning the prosecution of the cases. (4) No motion may be initiated or filed on behalf of any plaintiff except

through the Chair and Vice-Chair. (5) The Chair and Vice-Chair shall have sole authority to communicate with

defendants' counsel and the Court on behalf of all plaintiffs, unless that authority is expressly delegated to other counsel. Defendants may rely on all agreements made with the Chair and Vice-Chair and such agreements shall be binding to all other plaintiffs' counsel.

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B.

Liaison Counsel. The law firm of Harvey & Frank, Two City Center, P.O. Box

126, Portland, ME 04112, shall act as liaison counsel for plaintiffs and shall have the following responsibilities: (1) to coordinate activities and tasks performed, under the supervision of the

Chair and/or Vice-Chair of the Plaintiffs' Executive Committee, by the Plaintiffs' Executive Committee to facilitate the orderly and efficient prosecution of this litigation; (2) to maintain and distribute to the Court, to counsel for the plaintiffs and to

counsel for the defendants an up-to-date and comprehensive service list; (3) to speak for plaintiffs and plaintiffs' counsel in the Consolidated Actions,

under the supervision of the Chair and/or Vice-Chair of the Plaintiffs' Executive Committee and in consultation with Plaintiffs' Executive Committee, regarding pretrial proceedings, settlement negotiations, trial preparation and trial; and (4) those duties as set forth in the Court's Order of October 7, 2003,

appointing liaison counsel and in

Download MDL1532_2003_11_17.ORDER2.pdf

Maine Law