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IN RE LORAZEPAM & CLORAZEPATE ANTITRUST LITIGATION

United States District Court for the District of Columbia


January 23, 2004.

IN RE LORAZEPAM & CLORAZEPATE ANTITRUST LITIGATION, This Order applies to: MDL Docket No. 1290 (TFH) HEALTH CARE SERVICE CORPORATION, et al., Plaintiffs,
v.
MYLAN LABORATORIES, INC., et al., Defendants; BLUE CROSS BLUE SHIELD OF MINNESOTA, BLUE CROSS BLUE SHIELD OF MASSACHUSETTS, and FEDERATED MUTUAL INSURANCE COMPANY, Plaintiffs, v. MYLAN LABORATORIES, INC. et al., Defendants

The opinion of the court was delivered by: THOMAS HOGAN, Chief Judge, District

ORDER

Pending before the Court is Defendants' Motion for Clarification and/or Reconsideration Page 2 Regarding Out-of-State Damages.*fn1 It is hereby

ORDERED that the parties shall present oral arguments to the Court on that motion on Tuesday, February 4, 2004 at 10:00 a.m. Defendants shall proceed first and shall limit their argument to fifteen (15) minutes. Plaintiff HCSC shall then have fifteen (15) minutes to respond, and Defendants shall have five (5) minutes to reply if necessary. It is further

  ORDERED that the parties should focus their arguments on at least the following issues:

  (1) The timing of HCSC's acquisition of its Texas and New Mexico divisions, and whether HCSC purchased any rights and liabilities which allow it to bring a cause of action for relevant time periods before HCSC acquired those two divisions.

  (2) Whether HCSC can show that any pertinent sales occurred in Illinois and, in conjunction with the fact that HCSC is incorporated in Illinois, whether such a showing (or lack thereof) permits Illinois law to regulate activities that occurred outside of Illinois.

  It is further

  ORDERED that the previously scheduled status hearing shall also occur at that time.

  SO ORDERED.


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