In re HIV Antitrust Litigation

Filing 1905

ORDER re #1904 Trial Witness Disclosures. Signed by Judge Edward M. Chen on 5/26/2023. (emclc2, COURT STAFF) (Filed on 5/26/2023)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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IN RE HIV ANTITRUST LITIGATION.

Case No. 19-cv-02573-EMC

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ORDER RE TRIAL WITNESS
DISCLOSURES

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Docket No. 1904

United States District Court
Northern District of California

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Pending before the Court are disputes related to trial witness disclosures. See Docket No.
1904. The Court rules as follows.
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Exhibit 310. The objection is sustained. Although the email may fall under the

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business record exception, the attached letter from the third party (Fair Pricing

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Coalition) does not. The attached letter is hearsay. Furthermore, even if Plaintiffs

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could articulate a nonhearsay use for the letter, the letter as well as the email are

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both excluded under Rule 403. The probative value of the evidence is minimal.

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Plaintiffs have other evidence to show what the price increases for the drugs at

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issue were. Moreover, the letter contains inflammatory statements such as a

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statement that some patients have stopped treatment because they cannot afford

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their medications. Notably, this is contrary to Plaintiffs’ opening statement where

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they stated that they were not claiming that anyone was prevented from getting a

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drug.

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Exhibit 9424. The Court defers ruling given that the parties’ filing indicates that
the parties are continuing to meet and confer. The Court does note, however, that if

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the Rule 1006 obtained is resolved, then it would seem unlikely that there could be

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a Rule 403 objection – i.e., because the document purports to summarize Kaiser’s

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damages.

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Introductions for deposition testimony of Mr. Cannella and Mr. Hashmall.
The Court adopts Defendants’ proposal.

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IT IS SO ORDERED.

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United States District Court
Northern District of California

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Dated: May 26, 2023
______________________________________
EDWARD M. CHEN
United States District Judge

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