Pretrial Order No. 1.
DOJ v. Microsoft, Case No. 98-1232, 1233
Date: June 12, 1998.
Source: U.S. District Court; docket number 44. This document was created by TLJ by scanning a photocopy, and converting it to HTML.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

PRETRIAL ORDER NO. 1

Having fully considered the written submissions of the parties and the arguments of counsel at a hearing on June 9, 1998, the Court enters the following Order to govern pretrial proceedings in this action.

NON-EXPERT DISCOVERY

1. Pursuant to Rule 34(b) of the Federal Rules of Civil Procedure, and subject to any notifications of non-parties and designations of confidential information pursuant to the Stipulation and Protective Order entered by the Court on May 27, 1998, each party shall respond, including objections, to any requests for production of documents within ten calendar days of service of any such requests.

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2. Pursuant to Rules 33 and 36 of the Federal Rules of Civil Procedure, each party shall respond, including objections, to all interrogatories and requests for admissions served by an adverse party within ten calendar days of such service. The presumptive limitations on interrogatories set forth in Local Rule 207(b) shall not apply, but counsel for the parties shall exercise their good judgment in not serving unreasonably large numbers of interrogatories on an adverse party.

3. Pursuant to Rule 30(a) of the Federal Rules of Civil Procedure and Local Rule 208, each party may take depositions upon oral examination on ten calendar days' notice. The presumptive limitations on depositions set forth in Local Rule 207(b) shall not apply, but counsel for the parties shall exercise their good judgment in not taking an unreasonably large number of depositions.

4. In the context of the expedited proceedings ordered by the Court in this action, the Court finds that ten calendar days is also a reasonable period for compliance with discovery subpoenas directed to non-parties pursuant to Rule 45 of the Federal Rules of Civil Procedure and requests that other district courts from which such subpoenas are issued require prompt compliance therewith, subject to the legitimate objections of such non-parties,

5. The Court expects the parties to work in good faith to resolve discovery disputes. The Court will, however, entertain in-chambers conferences or conference calls with counsel in lieu of formal motions to resolve routine discovery disputes that may arise. In dealing with discovery matters, the parties shall strictly comply with Local Rule 106.

PRETRIAL SUBMISSIONS

6. Microsoft shall file its answers to the complaints by July 28, 1998.

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7. Microsoft shall file a legal memorandum in opposition to plaintiffs' motions for a preliminary injunction on August 10, 1998 (without the evidentiary materials typically required by Local Rule 205(c)) and plaintiffs shall file reply memoranda, if any, in support of those motions on August 24, 1998.

8. The parties shall file lists of witnesses they intend to call at trial on August 21, 1998, which lists may be supplemented in advance of the pretrial conference for good cause shown,

9. The parties shall file their pretrial statements on August 31, 1998 in accordance with Local Rule 209(b).

10. The final pretrial conference. shall be held at 10:00 A.M. on September 3, 1998,

CONDUCT OF THE TRIAL

11. Plaintiffs as a group and defendant shall each be limited to between six and 12 witnesses at trial, although the Court will consider increasing that number for good cause shown,

12. The parties shall file the direct examinations of their witnesses, with the exception of hostile witnesses, in the form of written declarations on or before September 3, 1998.

13. The parties shall submit proposed findings of fact and conclusions of law on a schedule to be established by the Court at the conclusion of trial.

SUBPOENAS FOR WITNESSES

14. Because there are witnesses with knowledge of relevant matters residing throughout the United States, the Court hereby finds that there is good cause to give all parties [begin page 4] to this action permission pursuant to 15 U.S.C. § 23 to issue subpoenas to compel witnesses living outside this District to appear to testify at trial.

SERVICE OF DISCOVERY REQUESTS AND RESPONSES
AND PRETRIAL SUBMISSIONS

15. Service on Microsoft of any pleading or other submission to this Court or any requests for discovery under the Federal Rules of Civil Procedure or responses thereto shall be sufficient if delivered by hand, facsimile or overnight courier either to Sullivan & Cromwell's offices in New York at 125 Broad Street, 27th Floor, New York, New York 10004 or to Sullivan & Cromwell's offices in Washington, D.C. at 1701 Pennsylvania Avenue, N.W,, 7th Floor, Washington, D.C. 20006.

16. Service on plaintiffs of any pleading or other submission to this Court or any requests for discovery under the Federal Rules of Civil Procedure or responses thereto shall be sufficient if delivered by hand, facsimile or overnight courier to (a) A. Douglas Melamed, Esq., U.S. Department of Justice, Antitrust Division, 10th Street & Constitution Avenue, N.W., Washington, D.C. 20530, (b) Phillip R. Malone, Esq., U.S. Department of Justice, Antitrust Division, 450 Golden Gate Avenue, Room 10-0101, San Francisco, California 94102 and (c) Stephen D. Houck, Esq., Chief, Antitrust Bureau, New York State Attorney General's Office, 120 Broadway, Suite 2601, New York, New York 10271.

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Dated: Washington, D.C.
June 12, 1998

SO ORDERED:

______________________
Thomas Penfield Jackson
United States District Judge