40.51	Coordinating Proceedings in Different Courts

[caption]

Order No. 				

	It appearing that [the above-styled cases] [the cases listed on Attachment      ] share common issues with, and will involve common discovery with, certain cases pending in    [list other court(s)]   (the “related actions”), and that pretrial proceedings in all these cases should be coordinated to avoid unnecessary conﬂicts and expense, conserve judicial resources, and expedite the disposition of all the cases, this court, after having consulted with counsel [and being advised that similar orders will be entered in such other court(s)1], ORDERS:

1.	Designated Counsel2
(a)	Plaintiffs’ Lead and Liaison Counsel. 		        and 		      are designated as plaintiffs’ lead counsel and plaintiffs’ liaison counsel, respectively, in this court, with the responsibilities prescribed in [Attachment           ] [see section 40.21, paragraphs 1 and 2]. They may serve in similar capacities in the related cases if so authorized or permitted by the courts in which such cases are pending and, in any event, shall endeavor to coordinate activities in these cases with those in the related cases.
(b)	Defendants’ Liaison Counsel. 				 is designated to serve as defendants’ liaison counsel with the responsibilities prescribed in [Attachment         ] [see section 40.21, paragraph 4]. Defendants’ liaison counsel may serve in a similar capacity in the related cases if so authorized or permitted by such courts and, in any event, shall endeavor to coordinate activities in these cases with those in the related cases.
(c)	Compensation. Attorneys designated as lead or liaison counsel by this court and the other courts shall be entitled to reasonable compensation and reimbursement of expenses for services performed in such capacities, equitably apportioned among the parties in these and the related cases benefiting from such services. This court will cooperate with the other courts in making appropriate orders for such compensation and reimbursement if agreement cannot be reached between such counsel and the parties for whom they are acting.
2.	Discovery3
(a)	Joint Document Depositories. The document depositories prescribed in [Exhibit                ] [see section 40.261] shall be established for the joint use of parties in these related cases. [Subject to agreement regarding the sharing of expenses,] counsel in the related cases shall have access to the documents in such depositories to the same extent as counsel in the cases in this court. Parties will not make new requests for production of documents in these proceedings if such documents have already been produced and are available to them in the related cases.
(b)	Confidential Documents. Counsel in the related cases shall have access to confidential documents produced under the confidentiality order entered in this court [see, e.g., section 40.27] on the same terms and conditions as counsel in the cases in this court. Counsel in the cases in this court obtaining access to documents marked confidential under similar orders entered in other courts shall be subject to the terms and conditions of such orders.
(c)	Depositions. Depositions of persons whose testimony will likely be relevant both in these cases and in the related cases should ordinarily be cross-noticed for use in all such cases. [The parties in the cases before this court are directed to show cause within 60 days why the depositions previously taken in the related cases should not be usable in this court, subject to the right to conduct supplemental examination on a showing of need.]
3.	Consistency of Rulings. To avoid unnecessary conﬂicts and inconsistencies in the rulings of this and the other courts on matters such as discovery disputes and scheduling conﬂicts,
[Alternate 1—Deferral to Prior Rulings]
	This court will adopt a ruling already made on such matters by another court in a related case unless a different ruling is shown to be mandated by the laws and rules governing this court or justified by particular circumstances of the cases before this court.
	[Alternate 2—Lead Case]
	Such disputes will initially be presented in case no. 		 , pending in  [name of court] , and the ruling made in that case will be given effect in all [other] cases in this court unless a different ruling is shown to be [mandated by the laws and rules governing this court or] justified by particular circumstances of such cases.
	[Alternate 3—Joint Special Master]
					                        is appointed under Fed. R. Civ. P. 53(a)(1)(C) to serve as Special Master in these cases (and, under similar appointments by the other courts, in the related cases) (1) to assist the respective courts in preparing and monitoring schedules and plans for coordinated conduct of discovery and other pretrial proceedings; (2) to recommend to the respective courts appropriate resolution of discovery disputes, including controversies regarding limitations on the scope or form of discovery and questions regarding claims of privilege and confidentiality; and (3) to facilitate proper cooperation and coordination among counsel.
	[Alternate 4—Joint Hearings]
	This court will be prepared to conduct consolidated hearings and pretrial conferences with judges of the courts where related cases are pending and to enter joint rulings (except to the extent differences may be mandated by different laws or rules governing the courts or justified by special circumstances in the various cases).
4.	Other Litigation. Upon application, these provisions may be ordered applicable to cases involving the same common issues subsequently ﬁled in other courts.

Dated: 												
									United States District Judge

Attachments [omitted]

Notes:
	1.	The terms of coordination between the affected courts should ordinarily be arranged—either by direct consultation between the judges of the courts or indirectly through counsel—before this type of order is entered, and, if feasible, parallel orders should be entered by the various courts. See supra sections 20.14, 20.31. References to coordinated proceedings have also been incorporated in several forms. See, e.g., supra sections 40.29 and 40.3.
	2.	This form provides for appointment of lead counsel and liaison counsel for plaintiffs, but only liaison counsel for defendants. In some cases, the same organizational structure will be appropriate both for plaintiffs and for defendants.
	3.	Depending on the circumstances, it may be appropriate to condition access to discovery materials either on a reciprocal obligation or on payment of fair compensation for a share of the services involved in gathering the information. See section 20.312 for a discussion of mechanisms for allocating compensation among federal and state litigants. For examples of orders allocating fees among federal and state attorneys based on a coordinated approach, see In re Diet Drugs (Phentermine, Fenfluramine, Dexfenfluramine) Products Liability Litigation, Pretrial Order No. 467 (E.D. Pa. Feb. 10, 1999). See also In re Baycol Prods. Liab. Litig., MDL No. 1431, Pretrial Order No. 25 (D. Minn. June 5, 2002).