IN RE NAMENDA INDIRECT PURCHASER ANTITRUST LITIGATION

Filing 454

ORDER terminating #452 Letter Motion for Discovery. This order addresses the parties' correspondence regarding depositions of Plainitffs' four merits experts. (See Dkt. 452, 453.) The Court previously directed that experts shall be deposed once, not twice. Accordingly, even though Plaintiffs must apply for leave to serve rebuttal experts, depositions of their four merits experts must await service of rebuttal reports, if any, from them. Alternatively, Defendants may take earlier depositions of any of the four merits experts but forego opportunity for additional deposition of that already-deposed expert in the event Plaintiffs are granted leave to serve rebuttal from that expert. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/20/2020) Copies transmitted to all counsel of record. (mml)

Case 1:15-cv-06549-CM-RWL Document 454 Filed 07/20/20 Page 1 of 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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IN RE NAMENDA INDIRECT PURCHASER :
ANTITRUST LITIGATION
:
:
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7/20/2020
15 Civ. 06549 (CM) (RWL)
ORDER

ROBERT W. LEHRBURGER, United States Magistrate Judge.
This order addresses the parties' correspondence regarding depositions of
Plainitffs' four merits experts. (See Dkt. 452, 453.) The Court previously directed that
experts shall be deposed once, not twice. Accordingly, even though Plaintiffs must apply
for leave to serve rebuttal experts, depositions of their four merits experts must await
service of rebuttal reports, if any, from them. Alternatively, Defendants may take earlier
depositions of any of the four merits experts but forego opportunity for additional
deposition of that already-deposed expert in the event Plaintiffs are granted leave to serve
rebuttal from that expert.
SO ORDERED.

_______________________________
ROBERT W. LEHRBURGER
UNITED STATES MAGISTRATE JUDGE
Dated:

July 20, 2020
New York, New York

Copies transmitted to all counsel of record.