In Re: Prempro Products et al

Filing 2276

LETTER ORDER pursuant to May 19, 2010 Telephone Conference re: E-only Schedule; the Court's 2270 Order will be modified to extend the deadline for Plaintiffs to file motion, designate experts, and disclose expert reports until June 9, 2010, vice June 2, 2010; the Order also will provide that only Wyeth will be involved in the consideration at this point. Signed by Judge William R. Wilson, Jr on 5/19/10. (mkf)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS RICHARD SHEPPARD ARNOLD UNITED STATES COURTHOUSE 500 W. CAPITOL, ROOM D444 LITTLE ROCK, ARKANSAS 72201-3325 (501) 604-5140 Facsimile (501) 604-5149 May 19, 2010 Mr. Robert Allen Schwartz Bailey & Galyen 18333 Egret Bay Boulevard Suite 120 Houston, TX 77058 Mr. W. Stuart Calwell The Calwell Practice, PLLC Post Office Box 113 Charleston, WV 25302 Mr. F. Lane Heard , III Williams & Connolly 725 Twelfth Street, N.W. Washington, DC 20005-5901 Re: Dear Counsel: Thank you for your time this morning. If Judge Montgomery thinks an August joint hearing is feasible it is likely that we will have it in August while I am in Minnesota for the Eighth Circuit conference. Accordingly, the order I entered earlier1 will be modified to extend the deadline for Plaintiffs to file motion, designate experts, and disclose expert reports until June 9, 2010, vice June 2, 2010. The order also will provide that only Wyeth will be involved in the consideration at this point. I remind you that this question was identified as a Daubert issue in several orders dated August 22, 2008 -- see, e.g., Smith v. Wyeth, et al., 4:05-CV-01748-WRW. Wyeth, of course, will be required to produce affidavits in response to the position of Plaintiffs' expert or experts by July 15, 2010. If Plaintiffs' counsel believe that depositions of those experts May 19, 2010, Telephone Conference re: E-only Schedule 1 May 13, 2010 Order (Doc. No. 2270) Page 1 of 2 producing defense affidavits are necessary, I will probably help schedule them on an expedited basis. If the August hearing is not deemed feasible by Judge Montgomery, I will probably loosen the deadlines a little, but not a lot. Each party should assume, from this moment forward that we will have the hearing in August. Again, thank you for your time. Cordially, /s/ Wm. R. Wilson, Jr. P.S. It appears to me that it would be a good thing if Plaintiffs' counsel coordinate their efforts forthwith. Original to the Clerk of the Court cc: The Honorable Ann D. Montgomery The Honorable Joe Volpe Other Counsel of Record Page 2 of 2

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