A.F. of L. - A.G.C. Building Trades Welfare Plan v. Actavis, plc et al

Filing 65

STIPULATION AND ORDER REGARDING USE OF EVIDENCE FROM OTHER ACTIONS: NOW, THEREFORE, Allergan plc, and Forest Laboratories, LLC, Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA, and Merz Pharma GmbH & Co. KGaA ("Forest and Merz Defendants" ), and MSP Recovery Claims, Series LLC and MSPA Claims 1, LLC ("MSP") hereby stipulate by and between the Parties through their respective counsel, as follows: 1) The following categories of evidence from The People of the State of New Yo rk v. Actavis, et al., Case No. 14-cv-7473 (S.D.N.Y.) (the "NYAG Action"), In re Namenda Direct Purchaser Antitrust Litigation, Case No. 15-cv-07488-CM (S.D.N.Y.) (the "DPP Action"), and already taken in the IPP Action are deeme d to be, and shall be treated as if they were, submitted or taken in this case: as further set forth in this Order. 2) The Parties agree that they will not object to the admissibility of deposition, hearing, or investigational testimony and all oth er evidence referenced in section (1) above on the grounds that it otherwise would violate Federal Rule of Evidence 802 or Federal Rule of Civil Procedure 32, except that the Parties reserve the right to object to testimony on the ground that the te stimony offered constitutes hearsay within hearsay. The Parties otherwise reserve all rights to object on other grounds to the relevance and/or admissibility of any evidence referenced in section (1) above. 3) The Parties reserve the right to cross-e xamine during depositions, hearings and at trial any witness on any topic addressed on direct examination. 4) The Parties reserve all rights to call any witness who testified in the NYAG Action, DPP Action, or the IPP Action to testify live at any trial in this case. 5) This agreement is limited to use in this action and only for the purposes of establishing the evidentiary record. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/30/2020) (mml)