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IN RE VITAMINS ANTITRUST LITIGATION

United States District Court, District of Columbia


February 6, 2003

IN RE: VITAMINS ANTITRUST LITIGATION

The opinion of the court was delivered by: Thomas F. Hogan, Chief District Judge

THIS DOCUMENT RELATES TO: ALL ACTIONS

ORDER

RE: February Status Conference/Pretrial Conference & Hearings

In light of the recent postponement of the hearings on (1) Niacin Defendants' Motion to Preclude the Expert Testimony of Dr. Bernheim and Dr. Perloff as Related to Niacin, and (2) Defendants' Motion In Limine to Exclude the Expert Reports and Testimony of Dr. Perloff,*fn1 the Court has determined it must reschedule the date of the February Status Conference and Pretrial Conference and the time limitations for the hearings in order to accommodate argument, testimony, and the Court's schedule. Thus, it is hereby ORDERED that:

(1) Niacin Defendants' Motion to Preclude the Expert Testimony of Dr. Bernheim and Dr. Perloff as Related to Niacin will be heard on February 19, 2003 at 9:30 a.m. (rather than 10:00 a.m. as ordered previously). The hearing will conclude promptly at 3:00 p.m. and if necessary will recommence February 20 at 9:30 a.m. Argument, direct and redirect examination shall be limited to 1 hour per side. Cross examination also shall be limited to 1 hour per side.

(2) Defendants' Motion In Limine to Exclude the Expert Reports and Testimony of Dr. Perloff shall be heard on February 20, 2003 at 9:30 a.m. (or immediately following the conclusion of the Niacin Defendants' Motion). Each side shall be limited to 30 minutes as no live testimony is anticipated.

(3) The Status Conference and Pretrial Conference originally scheduled for February 19 will now be held on Thursday, February 20, 2003 at 2:00 p.m.

SO ORDERED.


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