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IN RE VITAMINS ANTITRUST LITIGATION

United States District Court, District of Columbia


April 17, 2003

IN RE: VITAMINS ANTITRUST LITIGATION THIS DOCUMENT RELATES TO: ALL ACTIONS

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

STIPULATION AND TFH ORDER REGARDING AMENDMENT TO PARAGRAPH 17 OF THE PROTECTIVE ORDER
IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that any Confidential Information produced or discovered, subject to the November 3, 1999 Protective Order as amended (the "Protective Order"), in In re Vitamins Antitrust Litigation, Misc. No. 99-197 (TFH) (MDL No. 1285), may be retained by counsel for the receiving party for a period not to exceed ninety days from the final termination of this litigation (including all remand actions) or one hunted twenty days following the D.C. Circuit's issuance of the mandate in Empagran, S.A. et al v. F. Hoffman-LaRoche Ltd., et. al., 1:00 CV 01686 (THE) ("Empagran") whichever is later. Thereafter, absent a motion for further modification of the Protective Order or an additional Stipulation between the pates, counsel shall comply with Paragraph 17 of the Protective Order. If counsel for the receiving party is counsel of record for a party in any state court indirect Vitamins litigation, counsel shall have until ninety days after the termination of such state court litigation to comply with paragraph 17 of the Protective Order.

The Protective Order shall remain in fall force and effect, except that this Stipulation shall supersede any obligation of the parties to return to the source or destroy information containing Confidential Information within ninety days of the termination of this matter and the remanded actions stemming therefrom.

This stipulation creates no obligation on the part of the defendants to provide any documents to plaintiffs in Empagran or any related direct action suits, shall not be construed to concede the relevance or admissibility of any documents and shall be without prejudice to any party's position regarding the appropriate timing and scope of discovery in Empagran or any other lawsuit. Moreover, this stipulation shall not constitute, and shall not be, a waiver of any defendants' defense that this Court lacks personal jurisdiction over it in this or any other action.

20030417

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