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IN RE LORAZEPAM & CLORAZEPATE ANTITRUST LITIGATION

May 21, 2004.

IN RE LORAZEPAM & CLORAZEPATE ANTITRUST LITIGATION; This Order applies to: 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

Upon consideration of Mylan's Motion to Modify the Protective Order, the Opposition of Third-Party AdvancePCS Health, L.P., and Mylan's Response thereto, it is hereby ORDERED that the Motion [# 572] is GRANTED IN PART and DENIED IN PART. Specifically, the Motion is denied as to AdvancePCS, and granted as to all of the other approximately 109 parties and third-parties served with notice of the motion. In this light, it is further

ORDERED that each Party may execute and serve no more than two affidavits from in-house attorneys and one affidavit of an in-house business person in the form attached to the Motion as Exhibits A and B [as appropriate]. The Parties must serve a copy of each affidavit on all third parties that have produced documents pursuant to the Protective Order in this case. If there is no objection by the third parties within eleven days of service, the affiants will have access to material produced in this litigation that has been designated CONFIDENTIAL and HIGHLY CONFIDENTIAL, and it is further

  ORDERED that all affiants covered by this Order shall at all times comply with the terms of the March 16, 1999 Protective Order, including, without limitation, the requirement that individuals receiving CONFIDENTIAL or HIGHLY CONFIDENTIAL material agree to maintain all such confidential information in a manner distinct from the ordinary operations of his or her employer, so as to eliminate access to this material by others within (or outside) the company.

  SO ORDERED.

20040521

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