KING DRUG COMPANY OF FLORENCE, INC vs. CEPHALON, INC., ET AL

Filing 425

ORDER THAT THE MOTION OF KING DRUG DIRECT PURCHASER PLAINTIFFS TO COMPEL BARR PHARMACEUTICALS, INC. TO PRODUCE DOCUMENTS WITHHELD ON PRIVILEGE GROUNDS IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 7/5/11. 7/5/11 ENTERED AND COPIES MAILED, E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
KING DRUG COMPANY OF FLORENCE, INC., :
et al.,
:
Plaintiffs,
:
:
v.
:
:
CEPHALON, INC., et al.,
:
Defendants.
:
__________________________________________:

CIVIL ACTION

No. 2:06-cv-1797

ORDER
AND NOW, this 5th day of July, 2011, upon consideration of the “Motion of King Drug
Direct Purchaser Plaintiffs to Compel Barr Pharmaceuticals, Inc. to Produce Documents Withheld
on Privilege Grounds,” (doc. no. 350), Barr’s opposition thereto, oral argument, after an in camera
review of the documents at issue, and for the reasons set forth in the accompanying Memorandum
Opinion, it is hereby ORDERED that Plaintiffs’ motion is GRANTED in part in that Barr shall
produce the requested documents on or before July 12, 2011.1 The remainder of Plaintiffs’ motion
regarding Barr’s alleged waiver of the attorney-client privilege is DENIED.

BY THE COURT:
/s/ Mitchell S. Goldberg
________________________
Mitchell S. Goldberg, J.

1

If necessary, Plaintiffs may reconvene the deposition of Mr. Schaefer on or before
August 12, 2011, for questioning only as it relates to the eighteen documents produced in
conjunction with this Order.