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ROBERT A. SWIFT, ESQ., Lead Counsel
Kohn, Nast & Graf, P.C., 2400 One Reading Center, 1101 Market Street, Philadelphia, PA 19107
SHERRY P. BRODER, ESQ. #1880, Liaison Counsel, 733 Bishop Street, Suite 1800, Honolulu, Hawaii 96813
IN THE UNITED STATES DISTRICT COURT DISTRICT OF HAWAII
IN RE: ESTATE OF FERDINAND E. MARCOS HUMAN RIGHTS LITIGATION
THIS DOCUMENT RELATES TO ALL ACTIONS
MDL No. 840
PRETRIAL ORDER No. 8: CASE MANAGEMENT
Heard: June 27, 1994 10:00 A.M., Judge: MANUEL L. REAL
PRETRIAL ORDER NO. 8: CASE MANAGEMENT
Having considered the parties written suggestions, objections and briefs, and having considered the proposals and objections of the parties presented at the Status
Conference on June 27, 1994, the Court ORDERS that:
1) Class Plaintiffs' Motion for handling the compensatory damage phase of the Class case is granted.
a) The Court will appoint a special master pursuant to FRCP 53 who will appoint up to 4 other special masters.
b) Pursuant to a Reference Order the special masters shall prepare written findings regarding the validity of the Class claims for
submission to the jury. On or before August 1, 1994 Class Counsel and Defendant shall submit a proposed Reference Order for entry by the Court.
c) On or before September 5, 1994, Class Plaintiffs and the Defendant shall each deposit $12,500 with the Clerk of the Court in the
District of Hawaii, which monies shall be used to compensate the special masters. The Court will require the parties to supplement their deposits as may be
necessary.
2) Class Counsel shall file and serve a Motion to Reject Facially Invalid claims on or before July 25, 1994. Copies of the Motion, in English
and Tagalog, shall be mailed by Special Delivery Mail to persons in the Philippines whose claims the Class Counsel propose be rejected and shall be preceded by a
letter from Class Counsel explaining in simple terms the purpose of the Motion, the hearing date and where responses can be sent. Similar notices in English shall be
mailed by US First Class Mail to persons residing outside the Philippines whose claims are the subject of the Motion. Class Counsel shall also serve Task Force
Detainees of the Philippines, Families of Victims of Involuntary Disappearance, and the Society of Ex-Detainees Against Detention and for Amnesty (SELDA) with copies of
the Motion and a list of the names of claimants and alleged victims who are the subject of the Motion. Service of the latter shall be deemed adequate notice for any
claims with incomplete or no mailing addresses.
Defendant may file a joinder or supplementation to said Motion on or before August 15, 1994 which shall be served upon Counsel for the
Plaintiff Class.
3) On or before August 1, 1994 defendant may file a Motion to conduct further discovery or depose (i) any of the plaintiff's experts who will
testify at the trial on compensatory damages and (ii) the special masters to be appointed by the Court.
4) The Court will hold a hearing in the United States District Court, Honolulu, Hawaii, on September 12, 1994 at which time:
a) it will hear argument on Class Plaintiffs' Motion to Reject Facially Invalid Claims;
b) it will hear argument on Class Plaintiffs' Motion to Accept Late Filed Claims;
c) it will hear argument on plaintiffs' Motion to Modify the Preliminary Injunction by Joining the Republic of the Philippines;
d) Class Plaintiffs will present James Dannemiller, an expert on inferential statistics, to furnish the Court and special masters with
any information or testimony they may require regarding the number of claims to be sampled and the method for random selection of claims; and
e) it will hear arguments on defendants' Motion to conduct further discovery.
5) The trial of compensatory damages shall be held in the United States Courthouse, Honolulu, Hawaii beginning on December 12, 1994 before
the jurors currently impanelled.
6) The Court will not recognize any special power of attorney obtained by SELDA from a Class member. No one is empowered to negotiate a
settlement on behalf of the Plaintiff Class and its individual members except Class Counsel appointed by the Court.
Defendant's objections to paragraphs 1, 2, 4, 5 and 6 hereof are overruled.
DATED: July 12, 1994
(Sgd.)
MANUEL L. REAL, MDL 840 Transferee Judge
(Filed in the United States District Court, District of Hawaii July 19, 1994.)
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