BURLINGTON DRUG CO., INC. et al v. PFIZER INC. et al

Filing 310

MEMORANDUM and ORDER denying # 172 the Motion to Disqualify Counsel; Directing the interim co-lead counsel of the end-payor group as to how they should proceed. Signed by Judge Peter G. Sheridan on 1/16/2013. (eaj)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
MDL No. 2332
No. 12-2389 (PGS/DEA)
In re LIPITOR ANTITRUST LITIGATION
MEMORANDUM AND ORDER

This matter is before the Court on a motion to disqualify the law firm of Cohen Milstein
Sellers & Toll (CMST) as interim co-lead counsel of the end-payor class brought by James R.
Dugan, Esq. on behalf of Louisiana Health Services Indemnity Co. d/b/a/ Blue Cross/Blue Shield
of Louisiana (BCBS-LA) (ECF 172), and the Court having heard oral argument, and for good
cause having been shown;
IT IS ON THIS 16th day of January, 2013;
ORDERED that the motion to disqualify the law firm of Cohen Milstein Sellers & Toll is
denied; and it is further
ORDERED that the interim co-lead counsel of the end-payor group shall:
1.

Decide any major issue by consensus and refrain from any decision adversely

affecting BCBS-LA by CMST;
2.

Mr. Wexler, as co-lead counsel, shall be responsible for those tasks that specifically

apply to BCBS-LA in order to prevent disclosure of confidential information about BCBS-LA to
CMST;
3.

Appoint Mr. Dugan to the Executive Committee of the end-payor group.

4.

CMST shall separate the work in this case from other Blue Cross/Blue Shield

(BCBS) litigation which CMST is handling against the BCBS Association or any of its members,
in order to prevent intermingling of information. CMST shall submit a standard operating

procedure and a proposed form of protective order within thirty (30) days. CMST shall confer
with Mr. Dugan regarding standard operating procedure.
5.

BCBS- LA, through its attorney, Mr. Dugan, and any co-lead counsel shall report to

the Court any present or future action of CMST which gives rise to a substantial conflict of interest
by CMST against BCBS.

s/Peter G. Sheridan
PETER G. SHERIDAN, U.S.D.J.
January 16, 2013