Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Viagra (Sildenafil Citrate) and Cialis (Tadalafil) Products Liability Litigation

United States District Court, N.D. California, San Francisco Division

March 27, 2017

IN RE: VIAGRA (SILDENAFIL CITRATE) AND CIALIS (TADALAFIL) PRODUCTS LIABILITY LITIGATION This Document Relates to: ALL ACTIONS MDL No. 2691

          [JOINT PROPOSED] PRETRIAL ORDER No. 13: CONCERNING QUALIFICATION OF DOCUMENTS GENERATED BY A PARTY AS AUTHENTIC OR A BUSINESS RECORD (Eli Lilly and Company)

          HONORABLE RICHARD SEEBORG UNITED STATES DISTRICT JUDGE

         Pursuant to the parties' joint submission to the court, IT IS HEREBY ORDERED that:

         1. Order Applicable as to Eli Lilly and Company in All Cases in MDL Proceeding

         This order shall apply to Defendant Eli Lilly only and does not supersede the joint agreement between Plaintiffs and Defendant Pfizer, Inc. set forth in Pretrial Order No. 7. This Order shall apply, as to Eli Lilly and Company, to all cases currently pending in MDL No. 2691 and to all related actions that have been or will be originally filed in, transferred to, or removed to this Court and assigned thereto. This Order is binding on all parties and their counsel in all cases currently pending or subsequently made a part of these proceedings and shall govern each case in the proceedings unless it explicitly states otherwise.

         2. Authenticity of Documents Provided or Generated by a Party.

         a. Documents Presumed Authentic:

         Documents produced and/or purportedly generated by any Party that purport to be copies of documents prepared or received by the Party, or by an officer, director, employee or agent of the Party, shall be presumed to be a faithful and authentic reproduction of the original and, subject to other applicable rules of evidence, admissible as such, unless any objecting Party establishes, through a motion in limine or otherwise, that the document is not authentic. All other evidentiary objections other than authenticity are preserved.

         b. Presumption of Authenticity Limited to Portion Generated by Party:

         For the Purposes of this Order, a document in its entirety is deemed to have been generated by a Party only if that Party or one of its then-directors, officers, agents or employees created all of the document. If a Party or one of its then-directors, officers, agents or employees only created a portion of a document, such as a portion of a chain of e-mail, only that portion of the document is deemed to have been generated by that Party.

         3. Business Records Introduced in Depositions

         Documents produced by a Party introduced as an exhibit during a deposition in these proceedings that purport to be copies of memoranda, reports, records, or data compilations created by or on behalf of the deponent's employer presumptively shall be considered a business record of that Party within the meaning of Federal Rule of Evidence 803(6) or analogous applicable state court rules, subject to the right to object and other provisions contained in this Order. The Parties shall make a good faith effort not to mark deposition exhibits en masse for the sole purpose of bringing those exhibits within the scope of this section.

         4. Objections to Documents Marked as Exhibits in Depositions

         Within 45 calendar days of the receipt of the transcript of a deposition hereafter taken in the MDL proceedings, any Party wishing to contest the presumptive authenticity and/or presumptive qualification as a Business Record of any document(s) previously produced and/or purportedly generated by that Party that were placed into the record of that deposition as deposition exhibits shall advise Plaintiffs' Liaison Counsel and Defendants' Liaison Counsel in writing of:

(1) the deposition and exhibit number, as well as the Bates numbers, of any exhibit where the producing or purportedly generating Party claims lack of authenticity and/or failure to qualify as a business record within the meaning of ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.