Opinion
20-md-02966-RS (SVK)
03-24-2023
In re Xyrem Sodium Oxybate Antitrust Litigation.
ORDER CLARIFYING TENTATIVE RULING
Re: Dkt. No. 439
SUSAN VAN KEULEN UNITED STATES MAGISTRATE JUDGE
On March 17, 2023, this Court issued a Tentative Ruling regarding a Joint Discovery Submission (“Submission”). Dkt. Nos. 439; 418. Plaintiffs now move for clarification of the Tentative Ruling, pointing out that the Court erroneously overlooked the Non-Class Plaintiffs' dispute with certain Generic Defendants, Amneal and Lupin. Dkt. 453. Plaintiffs represent that Generic Defendants Amneal and Lupin do not dispute that there remains a live discovery issue with the Non-Class Plaintiffs. Id. Generic Defendants Amneal and Lupin do dispute whether the Court's tentative ruling as to Generic Defendant Hikma should apply to them. Id. Accordingly, the Court CLARIFIES the Tentative Ruling as follows:
With the Court's Tentative Ruling as to Generic Defendant Hikma as guidance, all Parties to the Submission are ORDERED to meet and confer either in person or by video, with participants fully authorized to negotiate and compromise. If the Parties are unable to reach final agreement, they are to appear at the previously noticed hearing on March 28, 2023 at 10 a.m. by video. The Parties are to advise the Court of whether the hearing is necessary no later than 12 p.m., Pacific, on March 27, 2023.
Plaintiffs' Motion to Clarify is hereby TERMINATED without further briefing by any Party.
SO ORDERED.