March 1, 2002
Counsel for Sherman Act Class Plaintiffs: Richard B. Drubel, Esq. with BOIES, SCHILLER FLEXNER, L.L.P. from Hanover, NH.; Barry S. Taus, Esq. with GARWIN, BRONZAFT et al. from New York, NY.; Mitchell W. Berger, Esq. with BERGER DAVIS SINGERMAN from Fort Lauderdale, FL.
Counsel for Walgreen Co.: Scott E. Perwin, Esq. with KENNY NACHWALTER SEYMOUR et al. from Miami, FL.
Local Counsel for Char-Mar Pharm., Inc.: David S. Mandel, Esq. with MANDEL McALILEY from Miami, FL.
Counsel for Indirect Purchaser Plaintiffs: Daniel Small, Esq. with COHEN, MILSTEIN, HAUSFELD et al. from Washington, DC.
Counsel for Abbott Labs.: Jeffrey I. Weinberger, Esq. with MUNGER, TOLLES OLSON LLP from Los Angeles, CA.
Counsel for Zenith Goldline Pharms.: Gerson A. Zweifach, Esq. with WILLIAMS CONNOLLY LLP from Washington, DC.
Counsel for Valley Drug Co.: Daniel Berger, Esq. with BERGER MONTAGUE, P.C. from Philadelphia, PA.
Counsel for Louisiana Wholesale Drug Co.: Mark S. Armstrong, Esq. with CALVIN, RICHARDSON, VERNER et al. from Houston, TX.
Counsel for Rite Aid Corp. CVS Meridian, Inc.: Steve D. Shadowen, Esq. with SCHNADER HARRISON et al. from Harrisburg, PA.
Counsel for indirect Purchaser Plaintiffs: Robert C. Gilbert, Esq. with ROBERT C. GILBERT, P.A from Coral Gables, FL. Also Stephen Lowey, Esq. with LOWEY DANNENBERG BEMPORAD et al. from White Plains, NY.
Counsel for Geneva Pharms.: Wayne A. Cross, Esq. with DEWEY BALLANTINE, LLP from New York, NY.
Counsel for State of Florida: Barbara B. Smithers, Esq. of the Fla. Atty. General Office from Orlando, FL.
THIS MATTER is before the Court on Plaintiffs' Motion to Compel Discovery of Judgment Sharing Agreement [DE #613], Defendants' Motion to Compel Responses to Defendants' Interrogations Dated October 2, 2001 [DE #570], and Sherman Act Class Plaintiffs' Motion to Compel Defendant Abbott Laboratories, Inc., to Respond to Interrogatories Dated November 1, 2001 [DE #661], pursuant to an Order of Reference entered by the Honorable Patricia A. Seitz. A hearing was held on this matter on February 28, 2002. The Court has carefully reviewed the pertinent portions of the record and is duly advised in the premises.
Plaintiffs in the Sherman Act cases move to compel Defendant Geneva Pharmaceuticals, Inc. ("Geneva"), to produce a judgment-sharing agreement between Geneva and co-Defendant Abbott Laboratories. The Court finds that the agreement is relevant as it appears reasonably calculated to lead to the discovery of admissible evidence, and is relevant with regard to the issue of witness credibility. See Fed.R.Civ.P. 26(b). The Court further finds that the subject discovery would not be unduly prejudicial. Accordingly, it is hereby
ORDERED that Plaintiffs' Motion to Compel Discovery of the Judgment Sharing Agreement [DE #613] is GRANTED. Said agreement shall be produced on or before 30 days from the date of this Order, subject to a confidentiality order. The judgment-sharing agreement shall only be disclosed to the parties' attorneys in this matter and their experts. It is further,
ORDERED that Defendants' Motion to Compel Responses to Defendants' Interrogatories Dated October 2, 2001 [DE #570] is GRANTED IN PART AND DENIED IN PART. Plaintiffs shall respond on or before 30 days from the date of this Order to all of the Interrogatories Dated October 2, 2001 with the exception of Interrogatories Nos. 15, 16 and 17 which seek speculative responses. It is further,
ORDERED that the Sherman Act Class Plaintiffs' Motion to Compel Defendant Abbott Laboratories, Inc., to Respond to Interrogatories Dated November 1, 2001 [DE #661] is GRANTED IN PART AND DENIED IN PART. Defendant shall respond on or before 30 days from the date of this Order to the Interrogatories Dated November 1, 2001, with the exception of Interrogations Nos. 12 and 13 which seek speculative responses.
DONE AND ORDERED.