Discovery Master Order No. 20

IN THE COURT OF COMMON PLEASOF PHILADELPHIA COUNTY, PENNSYLVANIAFIRST JUDICIAL DISTRICT OF PENNSYLVANIATRIAL DIVISION - CIVILIN RE ::REGLAN®/METOCLOPRAMIDE : JANUARY TERM, 2010LITIGATION : NO. 01997:DISCOVERY MASTER ORDER NO. 20AND NOW, to wit, this 24th day of November, 2010, the Court-appointed DiscoveryMaster, Harris T. Bock, Esquire, hereby ORDERS that counsel comply with the following:EXTREMIS DEPOSITION PROTOCOLIn the event a Plaintiff is believed to be in an extremis condition and oral and videotestimony needs to be preserved:1. Plaintiff’s Counsel shall give notice to named party Defendants as soon aspossible following receipt of notice of the Plaintiff’s extremis condition, alongwith certification by Plaintiff’s Counsel respecting the nature of the extremiscondition and competency of Plaintiff to testify.2. Plaintiff shall notice a preservation deposition no sooner than thirty (30) daysfrom the notice of the extremis condition, except on good cause shown.3. Along with notice of the extremis condition, Plaintiff shall provide to Defendantsall medical and pharmacy records in their possession along with current signedmedical authorizations and an updated Plaintiff Fact Sheet.4. At Defendants’ request, should they encounter difficulty in timely securing allmedical and pharmacy records, Plaintiff’s Counsel will provide reasonable1

assistance to Defendants’ Counsel in securing such records.5. Should Defendant(s) have a good faith objection to the preservation deposition ofthe Plaintiff they shall notify Plaintiff’s Counsel and the Discovery Master inwriting within five (5) days following Plaintiff’s notice of the extremis deposition.6. At the earliest possible opportunity, but no later than three (3) days after theDefendant’s challenge, there shall be a telephone hearing with the DiscoveryMaster on the issue and a determination will be made forthwith as to whether theextremis deposition shall proceed.7. All notices shall be sent to all counsel of record in the case, as well as bothPlaintiffs’ Liaison Counsel and Defense Liaison Counsel of record.8. In the event that a good faith challenge is overruled by the Discovery Master, thepreservation deposition shall proceed on the date for which it was originallynoticed, or such other date agreed upon by the parties.9. Defendant(s) may elect to conduct a discovery deposition (limited to no more thantwo (2) hours) at a time to be agreed upon by the parties. Any disputes regardingthe scheduling of the discovery deposition shall be submitted to the DiscoveryMaster.BY THE DISCOVERY MASTER:__________________________________HARRIS T. BOCK, ESQ.2