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In re (EpiPen Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation
United States District Court, D. Kansas
December 14, 2018
IN RE: EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation (This Document Applies to All Cases)
MEMORANDUM AND ORDER
D. CRABTREE JUDGE
court's Deposition Guidelines couldn't be clearer.
They explicitly mandate that counsel cooperate with one
another. They also mandate that counsel treat deponents and
opposing counsel courteously. See Deposition
Guidelines (§ 1, “Cooperation”).
Likewise, the Guidelines forbid long-winded objections that
suggest answers or otherwise coach a witness. Id. at
§ 5(a). These Guidelines aren't aspirational,
adopted to inspire the bar to aim higher and do better-though
one hopes they will. To the contrary, the Guidelines augment
our local rules and provide ground rules for an integral
piece of the modern federal court lawsuit.
the court learned that some counsel in this MDL proceeding
have ignored the Guidelines. During one of the periodic
Status Conferences, counsel provided several excerpts taken
from an advance, rough draft of the transcript for defendant
Heather Bresch's deposition. Ms. Bresch is Mylan's
Chief Executive Officer. This sneak-peek wasn't
flattering. Indeed, the conduct in the transcript excerpts
concerned the court enough that it directed counsel to submit
a full and final transcript of Ms. Bresch's deposition
complied, submitting a soft copy of Ms. Bresch's
transcript with a letter signed by counsel for the Mylan line
of defendants, the Pfizer defendants, and the putative Class
Plaintiffs. The court has read the entire transcript and it
confirms the court's preliminary concerns. Here is an
3 Q. [CLASSCOUNSEL]You didn't even register
4 classes in the summer or fall of 1998, did
6 [MYLAN'SCOUNSEL]: [W]e're not
7 going to turn this into an examination
8 about the true [sic] or falsity of the
9 underlying West Virginia University
11 You've asked her the question
12 whether she believes the report or
13 not, she gave you her response, and
14 I'm going to give you a short leash
15 here because we're not going to making
16 this sideshow about her West Virginia
17 executive MBA.
19 Q. Go ahead, ma'am. He's just --
20 [MYLAN'SCOUNSEL]: No, what he's
21 is he's making a very legit --
22 [CLASSCOUNSEL]: Do not interrupt
23 me . . . When I am talking, do not
24 interrupt me. I did not interrupt
25 you. I expect the same deference from 1 you.
2 [MYLAN'SCOUNSEL]: Two things.
3 [CLASSCOUNSEL]: Now, in that
4 regard, ma'am -- 5
[MYLAN'SCOUNSEL]: Hold on, let me 6
7 [CLASSCOUNSEL]: -- if he instructs
8 you not to answer, obviously you honor
9 his instructions. Otherwise, if you
10 can't keep track of my questions,
11 please ask me to repeat it.
12 If he's just trying to talk, it
13 doesn't mean anything to me, and I'll
14 just look to you to give answers to
15 the questions, please.
16 So can you answer my question?
17 [MYLAN'SCOUNSEL]: Let me give a
18 response before you answer the
19 question. So, first of all ...
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