THIS DOCUMENT RELATES TO ALL ACTIONS

MDL No. 840, PRETRIAL ORDER No. 1: CASE MANAGEMENT

Having considered the comments and proposals of the parties presented at the Initial Status Conference on November 26, 1990, the Court ORDERS:

1) The following 6 (six) cases are, until further order, consolidated for pretrial purposes:

Ortigas v. Marcos, No. 86-0975 (N.D. Cal.)
Clemente v. Marcos, No. 86-1449 (N.D. Cal.)
Hilao v. Marcos, No. 86-390 (D. Haw.)
De Vara v. Marcos, No. 86-330 (D. Haw.)
Trajano v. Marcos, No. 86-207 (D. Haw.)
Sison v. Marcos, No. 86-225 (D. Haw.)
Piopongco v. Marcos, No. 87-0138 (D. Haw.)

This Order does not constitute a determination that these actions should be consolidated for trial, nor does it have the effect of making any entity party to any action in which it has not been joined and served in accordance with the Federal Rules of Civil Procedure.

a) Master Docket and File. The Clerk will maintain a master docket and case file under the style In re: Ferdinand E. Marcos Human Rights Litigation, MDL 840. All orders, pleadings, motions, and other documents will, when filed and docketed in the master file, be deemed filed and docketed in each individual case to the extent applicable.

b) Captions: Separate Filing. Orders, pleadings, motions and other documents will bear a caption similar to that of this Order. If generally applicable to all consolidated actions, they shall include in their caption the notation that "this Document relates to all actions," and shall be filed and docketed only in the master file. Documents intended to apply to less than all actions shall indicate in their caption the names and docket number(s) of the action(s) to which they apply, and extra copies shall be provided to the Clerk to facilitate filing and docketing both in the master file and the specified individual case files.

c) Discovery Requests and Responses. Pursuant to FRCP 5(d), discovery requests and responses will not be filed with the Court except to the extent offered in connection with a motion under Rules 12, 28 or 56 or a motion seeking a ruling by the Court on a discovery dispute.

d) Location of Hearings and Conferences. The Court may schedule further hearings and conferences to be held at the U.S. Courthouse in the District of Hawaii, the Central District of California, or such other district and location as the Court may deem appropriate. All papers noticing motions or conferences shall designate the location of same after consultation with the Court.

e) Rules of procedure. Except as otherwise provided herein or by further order of Court, the Federal Rules of Civil Procedure and the Local Civil Rules for the District of Hawaii shall govern all further proceedings herein.

f) Admission of Attorneys. Each attorney not a member of the bar of this Court who is acting as counsel for a plaintiff or defendant herein shall be deemed admitted pro hac vice to practice before this Court in connection with these proceedings; providing that Rule 110(d) of the Local Civil rules      for the District of Hawaii is satisfied, includinq payment of the necessary fee. Liaison Counsel for both plaintiffs and defendants shall each provide the Court With a list of counsel for each party, identifying primary counsel in the action as well as local counsel, and the party such counsel represents.

2) Organization at Counsel

a) Plaintiffs.

Lead and Liaison Counsel

The following counsel is hereby appointed as plaintiffs' lead counsel:

Robert A. Swift, Esquire
Kohn, Savett, Klein & Graf, P.C.
2400 One Reading Center, 1101 Market Street, Philadelphia, PA 19107

The following counsel is hereby appointed as plaintiffs' liaison counsel:

Sherry P. Broder, Esquire
Ocean View Center, Penthouse 3, 707 Richards Avenue, Honolulu, Hawaii 96813

Prosecution on behalf of plaintiffs shall be managed and directed by the above-appointed. All specific assignments to perform tasks in this litigation shall be apportioned by lead Counsel among the members of the below-appointed plaintiffs' counsel executive committee in such a manner as to lead to the orderly and efficient prosecution of the litigation and avoid duplicative or unproductive effort. The above-appointed plaintiffs' liaison counsel shall coordinate the filing and submission of papers for plaintiffs, and shall accept service of pleadings and papers on behalf of plaintiffs.

Plaintiffs' Counsel Executive Committee

The following counsel are hereby appointed as members of the plaintiffs' counsel executive conmittee. Said committee shall act on the majority vote of its members. Dissenting counsel shall retain the opportunity to be heard by this Court on any disputed issue. The committee shall be comprised of:

For Hilao and DeVara plaintiffs:

Robert A. Swift, Esquire
Kohn, Savett, Klein & Graf, P.C., 2400 One Reading Center, 1101 Market Street Zakaria, Philadelphia, PA 19107

For Sison plaintiffs:

Paul Hoffman, Esquire
ACLU Foundation, 633 South Shatto Place, Los Angeles, CA 90005

or

Ellen Lutz, Esquire
ACLU Foundation, 633 South Shatto Place, Los Angeles, CA 90005

For Ortigas and Clemente plaintiffs:

Randall Scarlett, Esquire
Belli, Belli, Brown, Monzione, Fabbro & Zakaria, 574 Pacific Avenue
San Francisco, CA 94133

For Trajano plaintiffs:

Sherry P. Broder, Esquire
Ocean View Center, Penthouse 3, 707 Richards Street, Honolulu, Hawaii 96813

or

Jon Van Dyke, Esquire
4191 Round Top Drive, Honolulu, Hawaii

b) Defendants. Defendants' lead counsel shall be:

James Paul Linn, Esquire
Linn & Holms, 1200 Bank of Oklahoma Plaza, Oklahoma City 73102

Defendants' liaison counsel who shall coordinate the filing and submission of papers and accept service of pleadings and papers on behalf of defendants is:

Lex R. Smith, Esquire
Kobayashi, Watanabe, Sugita, Kawashirna & Goda, 6th Floor, Hawaii Building, 745 Fort Street, Honolulu, Hawaii 96813

c) Time records. Plaintiffs' counsel of record shall maintain contemporaneous records on a daily basis describing the services performed and the expenses incurred. The failure of any counsel to maintain such records or to submit them to the court upon request may result in the denial of his or her application for award of attorneys fees, or other sanctions where appropriate. No current reporting to the Court of time and expense records shall be required.

3)Service of Documents.

Pleadings, Motions and other Documents.

Plaintiffs' and defendants' liaison counsel shall be served with one copy of each pleading, motion or other document filed in all or any of the coordinated actions, which service shall be deemed service on all counsel. Service between Hawaii and the mainland shall be accomplished by overnight express service or telecopier (fax), in addition to or instead of first class mail.

4) Refinement of issues.

a) Rule 12 Motion. Defendants shall file and serve any motion challenging the Court's jurisdiction or authority to proceed on or before December 18, 1990. Plaintiffs shall file responsive memoranda on or before January 8, 1991. Defendants' reply memorandum, if any, shall be filed on or before January 15, 1991. A hearing on said motion will be held in the Courtroom of the undersigned in the (District of Hawaii or Central District at California) on January 28, 1991.

b) Class Certification. Within ten (10) days hereof, defendants shall fully answer interrogatory 4 of the Hilao and DeVara plaintiffs' interrogatories to defendants (Exhibit "A" hereto). A hearing on the pending Motion for Class Certification will be scheduled after disposition of the Rule 12 Motion.

5) Discovery.

a) 1986 Letters Rogatory. This Court endorses the issuance of letters rogatory entered on April 29, 1986 addressed to the Philippine Ministry of Defense and the Armed Forces of the Philippines which are appended hereto as Exhibit "B". Plaintiffs' counsel is directed to advise the Honorable Philippine Regional Court sitting in Quezon City of this and that this Court most respectfully requests that it make prompt action in the issuance of subpoenaes duces tecum which have been pending in that Court since June 1986.

b) Letters Rogatory. Plaintiffs and defendants shall file any supplemental request for letters rogatory seeking documents from the government of the Republic of the Philippines on or before March 29, 1990. If the Court grants these letters rogatory, counsel shall proceed to enforce them in the Republic of the Philippines as expeditiously as possible.

c) Depositions. Depositions shall be scheduled at a subsequent pretrial conference.

d) Length of Briefs. Main briefs shall not exceed 35 pages. Plaintiffs, in specific cases, may file supplementary briefs not exceeding 10 pages each.

e) Interrogatorles. The parties shall serve all factual interroqatories on or before February 28, 1991 limited to 35 interrogations per set. Pursuant to In re: Convergent Technologies Securities Litigation, 108 F.R.D. 328 (N.D. Cal. 1985), no contention interrogatories or requests for admissions shall be propounded until substantive discovery has reasonably advanced and all potentially relevant documents have been produced.

f) Document Requests. All document requests (including letters rogatory) shall be served on or before March 29, 1991.

g) Discovery Disputes. The parties shall meet and confer as to any disputes between them regarding discovery matters. If the parties cannot resolve their disputes without the intervention of the Court:

(1) Within ten days after failing to resolve after meeting and conferring thereon, the parties will submit to the Court a joint stipulation stating their positions and the matters in dispute.

(2) The court will either resolve the dispute based on the joint stipulation or schedule a hearing.

DATED: January 3, 1991

(Sgd.)

MANUEL L. REAL, MDL 840 Transferee Judge