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IN RE VITAMINS ANTITRUST LITIGATION

United States District Court, District of Columbia


September 3, 2003

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

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

STIPULATION AND ORDER REGARDING LEAD CLASS COUNSEL AND LIAISON COUNSEL FOR OTHER PLAINTIFFS AND DEFENDANTS
WHEREAS there have been a significant number of settlements in the cases consolidated before the Court for pretrial proceedings and the Court has directed the parties to review the outstanding designations of lead class counsel and liaison counsel for the other plaintiffs and defendants and designees to whom the Special Master is to send his monthly bills, and the parties having conferred with respect to the issues raised in the Court's Order dated August 19, 2003;

The parties hereby stipulate and agree as follows:

1. Dickstein Shapiro Morin & Oshinsky LLP shall remain designated as Direct Action Liaison Counsel for all direct action plaintiffs with direct purchase claims in accordance with this Court's Order of November 3, 1999. Page 2
2. Boies, Schiller & Flexner, LLP, as successor to Boies & Schiller, LLP; Cohen, Milstein, Hausfeld & Toll, PLLC; and Susman Godfrey, LLP shall remain designated as co-lead counsel for the class action plaintiffs with direct purchase claims in accordance with Stipulated Case Management Order No. 2 entered May 27, 1999.
3. Straus & Boies, LLP, as successor to Bainbridge & Straus, LLP, shall remain as Liaison Counsel for the plaintiffs in the State Indirect Purchaser Cases in accordance with this Court's order entered November 11, 1999.
4. Daar, Fisher, Kanaris & Vanek, P.C. shall serve as Liaison Counsel for the plaintiffs in the indirect cases that are proceeding on a different schedule in this Court.
5. Mayer, Brown Rowe & Maw, LLP, New York Office shall serve as Liaison Counsel for the remaining defendants relating to the state indirect cases and the indirect cases that are proceeding on a different schedule in this Court.
6. Boies, Schiller & Flexner, LLP, as successor to Boies & Schiller, LLP, shall remain plaintiffs' designee for receipt of the Special Master's monthly bills.
7. Certain Choline Defendants are the only remaining direct action defendants. Several Choline Defendants have resolved all or nearly all of the cases against them. Given the small number of defendants remaining, the Choline Defendants suggest that it is unnecessary to appoint liaison counsel to speak for the remaining direct Page 3 action defendants. Each remaining Choline Defendant has designated a principal contact point for the Court, as follows:
Bioproducts Ernest Vargo, Baker & Hostetler, LLP
Chinook Alice Glass, Baker & Miller, LLP
ConAgra Paul Friedman, Dechert LLP

DuPont James Walsh, McGuire Woods, LLP

DCV/DuCoa LP Mary Ann Ohms, Guilfoil, Petzall, Shoemake, LLP
Mitsui Sutton Keany, Pillsbury Winthrop, LLP
UCB Kevin Sullivan, King & Spalding, LLP
To the extent the Court wishes to designate one firm to be responsible for receiving and distributing the Court's orders to the defendants listed above, Dechert LLP will serve that function.
8. Counsel for Bioproducts, Inc., Baker & Hostetler, will serve as defense representative to receive the Special Master's monthly bills issued from and after the effective date of this order.
20030903

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