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In re Domestic Air Transp. Antitrust Litig.

United States District Court for the Northern District of Georgia, Atlanta Division

December 21, 1990, Decided ; December 21, 1990, Filed

MASTER FILE No. 1:90-cv-2485-MHS & MDL No. 861


Pretrial Order No. 2

The Court conducted the second preliminary pretrial conference in this litigation on December 12, 1990. Numerous attorneys representing many of the parties in these consolidated actions appeared at the conference. After consideration of the comments and proposals of the parties, the Court ORDERS:

1. Disqualification. At this time, counsel agree there are no issues of disqualification of the Court or of counsel. The Court will address any issues of disqualification promptly should they arise.

2. Organization of Counsel. In a case of this magnitude and complexity, it is imperative that counsel be well organized and work efficiently and harmoniously among themselves and with opposing counsel. The Court, therefore, enters this organizational order to ensure that all counsel conduct themselves and this litigation in an efficient and cooperative manner and that counsel make every reasonable effort to avoid all unnecessary disputes.

A. Plaintiffs. 

(1) Committee of the hole. The Committee of the Whole, consisting of one plaintiffs' attorney from each case now or hereafter filed in this litigation, shall have ultimate authority [*2]  for conducting the pretrial activities of the plaintiffs. All plaintiffs' attorneys shall have an equal voice in the activities of this committee. Plaintiffs in each case shall designate one lawyer to represent them on the committee within fifteen (15) days from the date this Order is entered. Liaison counsel should promptly furnish the Court with a list of the designees.

(2) Steering Committee. The Steering Committee of the Committee of the Whole shall provide general supervision and direction of the activities of plaintiffs' counsel. The Steering Committee is expected to maintain communication and promote harmonious dealings among all plaintiffs' counsel.

The Steering Committee shall execute the orders of the Court concerning the conduct of the litigation; receive, formulate and draft material for the plaintiffs, including interrogatories, pleadings, briefs, motion papers and the like; initiate and supervise discovery efforts of the plaintiffs; and initiate and conduct all proceedings in Court, proceedings outside of Court, and all negotiations with defendants. The Steering Committee shall also organize whatever subordinate bodies or subcommittees it deems expedient. The Court [*3]  notes the potential value of subordinate bodies to deal collectively with discovery issues and briefing.

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1990 U.S. Dist. LEXIS 20095 *; 1992-1 Trade Cas. (CCH) P69,731



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