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IN RE VITAMINS ANTITRUST LITIGATION

United States District Court, District of Columbia


March 21, 2003

IN RE: VITAMINS ANTITRUST LITIGATION THIS DOCUMENT RELATES TO: KELLOG COMPANY
v.
BASF AG ET AL. & LIVENGOOD FEEDS INC. ET AL. V. MERCK KGAA ET AL.

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

MEMORIALIZING ORDER

In accordance with the rulings made in Court on March 21, 2003, it is hereby ORDERED that:

(1) Niacin Defendants Motion to Preclude the Expert Testimony of Dr. Bernheim and Dr. Perloff as Related to Niacin is DENIED;
(2) Defendants' Motion In Limine to Exclude the Expert Reports and Testimony of Dr. Perloff is DENIED;
(3) Kellogg Company's Objection to the Niacin Defendants' Untimely Designation of Expert Testimony and request to exclude expert testimony is GRANTED IN PART and DENIED IN PART. Specifically, the motion is granted with respect to Defendant Lonza's designation of experts Dr. Christopher Velturo and Mr. David Kaplan,*fn1 and is denied with respect to the designation of Dr. Robert Pindyck. In addition, the Court grants Kellogg leave to depose Dr. Pindyck, if necessary, within the next week;
(4) Lonza's Motion to Bifurcate Damages and Liability and to Stay Kellogg's Foreign Purchase Claims is DENIED;
(5) The Trial in Kellogg Company v. BASF AG et al. is continued until Wednesday, April 16, 2003 at 10:00 a.m.
SO ORDERED.


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