Case: 1:19-cv-06734 Document #: 773 Filed: 02/14/24 Page 1 of 3 PageID #:21294
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`In re Delta Dental
`Antitrust Litigation
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`No. 19 CV 6734
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`MDL No. 2931
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`ORDER REGARDING QUALIFICATION OF DOCUMENTS GENERATED BY A
`PARTY AS AUTHENTIC OR BUSINESS RECORDS
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`For good cause shown and based on the Parties’ joint proposal, the Court hereby enters this
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`order governing deposition exhibits’ authentication and qualification as business records.
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`1.
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`Scope of Order.
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`This Order shall apply to all cases currently pending in MDL No. 2931 and to all related
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`actions that have been or will be originally filed in, transferred to, or removed to this Court and
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`assigned thereto (collectively, “the MDL proceedings”). This Order is binding on all parties and
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`their counsel in all cases currently pending or subsequently made a part of these proceedings and
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`shall govern each case in the proceedings. Unless otherwise stated in this Order, the Parties
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`specifically reserve all arguments and objections concerning the admissibility of evidence.
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`2.
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`Federal Rules of Evidence 803(16) and 901(b)(8)
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`The Parties agree that they will not object to the admission of any document created or
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`drafted more than 30 years prior to the date it is proffered for admission at trial, except on the basis
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`of Chapter 400 of the Federal Rules of Evidence or for good cause. Good cause includes issues
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`relating to the completeness of the document (e.g., missing or incomplete pages, missing or
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`unreadable text), multiple hearsay, or any conditions in the actual document or manner in which it
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`was produced that bring into question whether the document was actually generated by the relevant
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`party or third-party.
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`Case: 1:19-cv-06734 Document #: 773 Filed: 02/14/24 Page 2 of 3 PageID #:21295
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`3.
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`Authenticity of All Other Documents
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`For the purposes of this Order, a document in its entirety is deemed to have been generated
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`by a party only if that party or one of its then-directors, officers, agents, or employees created all
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`of the document. If a party or one of its then-directors, officers, agents, or employees created only
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`part of a document, such as a part of a chain of electronic mail, only that part of the document is
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`deemed to have been generated by that party. This provision does not impair the ability of the
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`proponent of authenticity or admissibility of a document containing portions generated by a non-
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`party to establish authenticity or admissibility to the satisfaction of the Court, including but not
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`limited to by establishing the foundation to treat the non-party portions as adopted admissions.
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`4.
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`Rule 803(6) Foundation for Documents Generated by Parties
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`Each document generated by a party or one of its then-directors, officers, agents, or
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`employees that is marked as an exhibit at a deposition is deemed to be a business record pursuant
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`to Federal Rule of Evidence 803(6), unless the party that generated the document makes a timely
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`objection to the document’s Rule 803(6) foundation pursuant to this paragraph.
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`If the party that generated a document that is marked as a deposition exhibit elects to object
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`to the Rule 803(6) foundation of that exhibit, that party (the “objecting party”) shall serve a written
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`objection to that document that succinctly states the basis for the objecting party’s objection within
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`thirty (30) days1 of the close of expert discovery in this matter. Within thirty (30) days of receiving
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`such an objection, the parties shall meet and confer in an effort to resolve the objection. If the
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`parties cannot resolve the objection, then the party seeking to lay Rule 803(6) foundation for the
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`disputed exhibit(s) may take a Rule 30(b)(6) deposition of the objecting party limited solely to the
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`laying Rule 803(6) foundation of the disputed exhibit(s).
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`1 “Days” shall have the same meaning as in Fed. R. Civ. P. 6(a).
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`Case: 1:19-cv-06734 Document #: 773 Filed: 02/14/24 Page 3 of 3 PageID #:21296
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`5.
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`Rule 803(6) Foundation for Documents Generated by Non-Parties
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`Each document generated by a non-party that is marked as an exhibit at a deposition is
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`deemed to be a business record pursuant to Federal Rule of Evidence 803(6), unless any party
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`makes a timely objection to the document’s Rule 803(6) foundation pursuant to this paragraph.
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`If a party that elects to object to the Rule 803(6) foundation of a deposition exhibit
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`generated by a non-party, that party (the “objecting party”) shall serve a written objection to that
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`document that succinctly states the basis for the objecting party’s objection within thirty (30) days
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`of the close of expert discovery in this matter. Within thirty (30) days of receiving such an
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`objection, the parties shall meet and confer in an effort to resolve the objection.
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`6.
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`Other Evidentiary Foundation
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`Except as set forth in this Order or as the Parties may otherwise stipulate or the Court may
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`order in limine, the Parties are required to establish to the satisfaction of the Court that the
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`document is authentic and admissible pursuant to the Federal Rules of Evidence and Federal Rules
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`of Civil Procedure.
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`7.
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`Parties to Meet and Confer on Disputes
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`The Parties shall make good faith, cooperative efforts, through the meet and confer process
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`or otherwise, to resolve any issues or disputes concerning this Order and the authenticity and/or
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`business record status of document subject to this Order so as to minimize the time and resources
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`of the parties and the Court devoted to such matters. A Party may seek relief from the Court under
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`this Order only after meeting and conferring with the opposing Parties.
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`SO ORDERED.
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`Dated: February 14, 2024
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`Elaine E. Bucklo
`United States District Judge
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