UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
January 16, 2013
IN RE LIPITOR ANTITRUST LITIGATION
The opinion of the court was delivered by: Peter G. Sheridan, U.S.D.J.
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.
Peter G. Sheridan
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