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.e INTHE U"ED STATES DISTRIa CC" FOR THE NORT" DISTRICT OF ILLINOIS EASTERN DMSION 03 C

INTHE U"ED STATES DISTRIa CC"

FOR THE NORT"

INTHE U"ED STATES DISTRIa CC" FOR THE NORT" DISTRICT OF ILLINOIS EASTERN DMSION 03 C 2528

DISTRICT OF ILLINOIS

EASTERN DMSION

FOR THE NORT" DISTRICT OF ILLINOIS EASTERN DMSION 03 C 2528 April 15,2003 Hon. James B.

03 C 2528

April 15,2003

Hon. JamesB.Zagel

Hoa MicWl T.Mason

April 15,2003 Hon. James B. Zagel Hoa MicWl T. Mason The Court hemby ORDERS as follows:

The Court hemby ORDERS asfollows:

1.

pamonse to the Comdaint. ~hcUnited States having filed its COmpl&t

~hc United States having filed its COmpl&t and Motion for a Temporary Restraining Order and Motion
and
and

Motion for a Temporary Restraining Order

COmpl&t and Motion for a Temporary Restraining Order and Motion far a prtliminary Injunction on April

and Motion far a prtliminaryInjunction on April 1%

2003, defendants shall file their answers to the Complaint and responses to the United States'

Motion for a Pre1;mirrmoInjunction no later than April 28,2003.

2.

Discovery Period Rxcludine Ex&

April 28,2003. 2 . Discovery Period Rxcludine Ex& W ltness Discovety Tht period for dl fact

Wltness Discovety Tht period for dl fact

Ex& W ltness Discovety Tht period for dl fact discovery shall begin upon miry of this

discovery shall begin upon miry of this order

fact discovery shall begin upon miry of this order by the Court, and shall be completed

by the Court, and shall be completed by May 21,

by the Court, and shall be completed by May 2 1, 2003. The parties shall target

2003. The parties shall target their discovery efforts to evidenoe necessary for presentation

pre1iminaryinjunction hearing.

at the

3- FxxrertWitness 3- Fxxrert Pisclosures. "he plaintiff shall me its expert disclosures under Pisclosures. "heplaintiffshallme its expert disclosuresunder

Rule 26(a)(2) on or before May 19,2003. The defendants shall serve their expert discloSUreS

The defendants shall serve their expert discloSUreS under Rule 26(a)(2) on or before May 22,2003. The
The defendants shall serve their expert discloSUreS under Rule 26(a)(2) on or before May 22,2003. The

under Rule 26(a)(2) on or before May 22,2003. The plaintiff B rebuttal disdosum, if any, shall

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be served on or befom May 24,2003. At least two days before being deposed, each of the

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expa may supplementtheir disclosuresto adk evidence ohm-incd afterMay 15,2003.

disclosures to adk evidence ohm-incd after May 15,2003. Notwithstanding any of the foregoing, both sides'

Notwithstanding any ofthe foregoing, both sides' experts shall have 7 days to respond to any

experts shall have 7 days to respond to any econometric analyses included in the disclosm of

econometric analyses included in the

disclosm of the opposing expert. Theparties shotllnot be

rcquirsd to exchangemafts ofexpert disclosures. The depositionsof the experts shalltake place

hi the same squerzcc as the expert ~10s;urtscmd shall talre place prior to May 29,2003.

4.

Witness Lists, The plaintiff shall serve its list of dl witnesses to be offered at the

its list of dl witnesses to be offered at the bearing no later than May 5,2003.

bearing no later than May 5,2003. ThC def-

at the bearing no later than May 5,2003. ThC def- shau serve their list of d

shau serve their list of d witnesses to be

offered at the htaring no lstcr than May 7,2003. The parties may designate experts responsive 16

The parties may designate experts responsive 16 experts dcsipated by the opposing side no later than

experts dcsipated by the opposing side no later than May 10,2003. Each side will be permitted

later than May 10,2003. Each side will be permitted to deposc any witncss that will bc

to deposc any witncss that will bc prcsmted tiye by the 0th side notwithstanding any other

tiye by the 0th side notwithstanding any other provision of this Order. 5. on of Demsitions.
tiye by the 0th side notwithstanding any other provision of this Order. 5. on of Demsitions.

provision ofthisOrder.

5.

notwithstanding any other provision of this Order. 5. on of Demsitions. In accordance with Rule 30(d)(2)

on of Demsitions. In accordance with Rule

30(d)(2) of the Federal Rules

of Civil Proccdurc, all pre-hearing depositions are limited to one day in length. The noticing

party shall confer with the opposing side regarding the provision

of adequate time for

examination of the witness by ail parties. The partics and non-parties, ifapplicablc, may

stipulate to additional time for individual depositions. Absest stipulation otherwise, the duration

depositions. Absest stipulation otherwise, the duration of depositions proyidad for in this W cr may bt

of depositions proyidad for in this W cr may bt modified only by order of this Court for good

bt modified only by order of this Court for good cause shown. 6. - - Wt

cause shown.

6.

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Wt on Wiittes_~iSCovcrv,Each party shall propound no

Wt on Wiittes_ ~iSCovcrv, Each party shall propound no more ?han 10 document requests under Rule

more ?han 10

document requests under Rule 34 of the Federal Rules of Civil procedure to another party- All

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?han 10 document requests under Rule 34 of the Federal Rules of Civil procedure to another

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document requests shall be responded to and responsive documents produced Within 5 days after

k
k
responsive documents produced Within 5 days after k scrvice. No interrogatories or requests fm admissions

scrvice. No interrogatories or requests fm admissions shall be permitted.

7.

or requests fm admissions shall be permitted. 7 . Production of Pre-comolaht Matabls. By 5:OO p.m.
or requests fm admissions shall be permitted. 7 . Production of Pre-comolaht Matabls. By 5:OO p.m.

Production of Pre-comolaht Matabls. By 5:OO p.m. on April 25,2003,plaintiff

shall produce to defendants allnon-party documents mrd &davits provided to plaintiffduring its

mrd &davits provided to plaintiffduring its investigation pursuant to the terms of the Stipulated

investigation pursuant to the terms ofthe Stipulated htective Order. By 5fjO p.m. on

of the Stipulated htective Order. By 5fjO p.m. on April 25,2003, defmdants will pduce to plaintifTall

April 25,2003, defmdants will pduce to plaintifTall m-party docwmmts and aflidavits

provided to defmdants during plaintiffs investigation.

8.

Bxchame of Deposl'tionDesigations, The parties shdS Gxchangc (page and line

Desigations, The parties shdS Gxchangc (page and line numbcr) designations of deposition testimony to be

numbcr) designations ofdeposition testimony to be offd at the prehminary injunction hearing

no latcr than May 21,2003, except for bepositions taka after May 17,2003, which shall be

exchsngcd by May 23,2003. Eaoh party must pvide counter designaticms of deposition

party must pvide counter designaticms of deposition testimony no later than May 27,2003. RebuttaI and

testimony no later than May 27,2003. RebuttaI and f8irnc;ssdesimatjons applicable solely to

counler designations and objections to any designations QT counter designations and shall bc

any designations QT counter designations and shall bc exchanged not later than May 29,2003. 9. ExchanPe

exchanged not later than May 29,2003.

9.

ExchanPe of Exh~'bits and ExhibitLi-

29,2003. 9. ExchanPe of Exh~ 'bits and Exhibit Li- No later than May 23,2003, the parties

No laterthanMay 23,2003,the parties

and Exhibit Li- No later than May 23,2003, the parties wi It exchangc numbered sets of

wi It exchangc numbered sets of all exhibits that the parties anticipate introducing, compiled in

numerical order in notebooks and with lists of the exhibits itemizing tach exhibit by date and

of the exhibits itemizing tach exhibit by date and Bates number (if applicable) and a brief

Bates number (if applicable) and a brief description. Such lists will be compiled in an agretd

upon electronic fonnat capable of being sorted by &%it

electronic fonnat capable of being sorted by &%it number, cbnoIogkt1 order, and Bates-stamp alphabetical

number, cbnoIogkt1 order, and

Bates-stamp alphabetical and numerical order. No latetthanMay 28,2003,the parties will

exchge any objections to the exhibits to bc offered by the other dde and designate those

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parties will exchge any objections to the exhibits to bc offered by the other dde and
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materials that shall be designated confidential for the purpose ofthe prehhtry injunction

hearing pursuant to the pvisions of the StipulatedProtectiveOrder-

10. Service of Pleadings and Discovcrv on Other Parties. Theplaintiff and defendants

vcrv on Other Parties. The plaintiff and defendants Shall serve all pleadings and discovery requests,

Shall serve all pleadings and discovery requests, including Rule 45 subpoenas for docummts, on

including Rule 45 subpoenas for docummts, on the other patk (to a person, or persons, desigmted

the other patk (to a person, or persons, desigmted by the other parties) by hand, e-mail or

facsimile (and also by overnight mail if attachments itre not transmitted by c-mail or facsimile). (and also by overnight mail if attachments itre not transmitted by c-mail or facsimile).

itre not transmitted by c-mail or facsimile). ETectronically transmitted pleadings and discomy requa

ETectronicallytransmitted pleadings and discomy requa not sent also by ovemight mail. shall

discomy requa not sent also by ovemight mail. shall atso be served by hand or first
discomy requa not sent also by ovemight mail. shall atso be served by hand or first

atso be served by hand or first - class mail. To minimize Wens on non - parties, any documents

produced to a party by a non-party, pursuant to a Rule 45 subpoena for documents, shall be

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copied by the party that issued the subpoena and served by hand on the other side or sent by

and served by hand on the other side or sent by ovdght delivery to outsf-tom counsel

ovdght deliveryto outsf-tom counsel witbin 1busintssday afterreceipt ofthe documents

witbin 1 busintss day after receipt of the documents and at least 2 days before any

and at least 2 days before any deposition of the producing party.

1 1.

Nationwide Service ofSubDoenas. Good c;ause having been shown in View of the

geographic dispersionofpotential witnesses andthe wcy of thisaction, the parties arc

permitted, pursuant to 15 W.S.C. 5 23,to issue subpoenas thatmay run into any 0the.r &Strict

subpoenas that may run into any 0the.r &Strict requiring witnesses to attend this Court. Subpoeaas
subpoenas that may run into any 0the.r &Strict requiring witnesses to attend this Court. Subpoeaas
subpoenas that may run into any 0the.r &Strict requiring witnesses to attend this Court. Subpoeaas
subpoenas that may run into any 0the.r &Strict requiring witnesses to attend this Court. Subpoeaas

requiring witnesses to attend this Court. Subpoeaas may be sexyed by comerciat overnight

Court. Subpoeaas may be sexyed by comerciat overnight delivery. Non-parties may be quired to provide

delivery. Non-parties may be quired to provide tedimaay or doclmaants under subpoma within

7 calendar days. Non-parties shall serve any objections tosubpoenas more than 3 calendar days

any objections to subpoenas more than 3 calendar days bcfore the return date. 12. Preliinaw Infunction
any objections to subpoenas more than 3 calendar days bcfore the return date. 12. Preliinaw Infunction

bcfore the return date.

12. Preliinaw Infunction Hearing The pnliminary injunction hearing will begin on

June 2,2003,or June 9,2003, depending on the Court's mhedule.

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injunction hearing will begin on June 2,2003, or June 9,2003, depending on the Court's mhedule. -4-

13.

Issues Remaininnto Be Resohd, Thep"fits have cwuy failed to mch

to Be Resohd, The p"fits have cwuy failed to mch agwement on several issues, pending their

agwement on several issues, pending their receipt ofadditional information on April 25,2003,

including (1) whether, (a) as plaintiff cont-,

25,2003, including (1) whether, (a) as plaintiff cont-, them should be a reasonable limit on the
25,2003, including (1) whether, (a) as plaintiff cont-, them should be a reasonable limit on the

them should be

a reasonable limit on the number

them should be a reasonable limit on the number of depositions taken by each side during

of depositions taken by each side during the agreed upon four-week pre-hesring discovery period

above the ten permitted without leave of Court by Fcd. R Civ. P.30(a)(2)(A),

without leave of Court by Fcd. R Civ. P. 30(a)(2)(A), or (b), 85 defendants ccmtcnd, there

or (b), 85

defendants ccmtcnd, there should be no pre-set limit on the number ofdepositions dlning this

period; (2) whether there should be a limit on the number ofRule 45 document sub-

be a limit on the number of Rule 45 document sub- that each side may serve

that

each side may serve on non-parties; (3) the admissibility of investigative depositions

pe- and
pe- and

post-complaintaffidavits;and (4) the length of time for ertchside topresent evidenceand argument at the hearing and whether there should be a limit on the number of witnesses that each

side will be allowed to present- In addition, the parties may

be allowed to present- In addition, the parties may seek the Court's resolution of (1) whether

seek the Court's resolution of (1)

parties may seek the Court's resolution of (1) whether defendants are obligated to pmduce all

whether defendants are obligated to pmduce all materials and data files supporting analyses

provided to plaintiff by defendants during the

provided to plaintiff by defendants during the investigation, (2) whether WM K~mmme will niake

investigation, (2) whether WM K~mmmewill

during the investigation, (2) whether WM K~mmme will niake additional documents and employees in Finland

niake additional documents and employees in Finland available to plaintiff in thiscowlby before

Finland available to plaintiff in this cowlby before the preliminary injunction hearing, aod (3) whether

the preliminaryinjunction hearing, aod (3) whether plaintiffis obligated to provide Bcrady-typt

exculpatory Modon to defendants. Theparties shall continue to seek agreement On all of

parties shall continue to seek agreement On all of ff icse issues. By April 29,2003, the

fficse issues. By April 29,2003,the parties shall file a stipulation containing anyagreements

they have reached on these issues and submissions on any of these issues that remaifl unresol~d

for resolution by the Court at its earIiest convenience.

on any of these issues that remaifl unresol~d for resolution by the Court at its earIiest

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on any of these issues that remaifl unresol~d for resolution by the Court at its earIiest

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- 13. c - Th;s Order shall control the subsequent course of this actioq unless mod.Xed

13.c

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Th;s Order shall control the subsequent course of this

Order shall control the subsequent course of this actioq unless mod.Xed by agreement of the parties

actioq unless mod.Xedby agreement of the parties and approved by the Court or modified by the

and approved by the Court or modified by the COW to prevent manifest injustice. IT Is

COWto COW prevent manifest injustice. prevent manifest injustice.

IT Is SO ORDEFSD.

DATED; April%

by the Court or modified by the COW to prevent manifest injustice. IT Is SO ORDEFSD.

2003

by the Court or modified by the COW to prevent manifest injustice. IT Is SO ORDEFSD.

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by the Court or modified by the COW to prevent manifest injustice. IT Is SO ORDEFSD.