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,
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
Pending before the Court is Defendants' Motion for Clarification
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
ORDERED that the parties should focus their arguments on at least the
(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.