IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

THE CHESTER COUNTY HOSPITAL

v.

INDEPENDENCE BLUE CROSS,

QCC INSURANCE COMPANY,

KEYSTONE HEALTH PLAN EAST, and

KEYSTONE MERCY HEALTH PLAN

 CIVIL ACTION

 NO. 02-2746

AMENDED PROPOSED DISCOVERY AND CASE MANAGEMENT PLAN

Pursuant to the Court’s Order at the pretrial conference, counsel on behalf of the

respective parties submit for the Court’s approval the following amended paragraph

3.b.to the Proposed Discovery and Case Management Plan as follows:

b. Timing, Form, or Requirement For Disclosures

under Rule 26(a), Agreed Upon Discovery Plan, and Plan

for Dispositive Motions and Experts

With due consideration of the numerous issues for discovery, as briefly outlined

in the Report of Initial Attorneys’ Conference and Proposed Discovery and Case

Management Plan and further framed by the pleadings, the parties have agreed to the

following discovery and motion schedule and jointly propose, together with language for

inclusion in the Court’s initial Rule 16 Scheduling Order, the following:

1. Except upon leave of Court, the parties will exchange their Rule

26(a)(1) disclosures no later than August 15, 2002. The parties may exchange

Requests for Production of Documents within seven (7) business days after the

exchange of their Rule 26(a)(1) disclosures. Afterwards, all non-expert discovery

shall proceed forthwith and continue in such manner as will assure that all

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requests for and responses to discovery will be served and noticed so as to be

completed by no later than July 1, 2003.

2. At the end of non-expert discovery, expert disclosures shall be

made in the following sequence: Plaintiff in support of its claims and Defendants

in support of their counterclaims shall make Rule 26(a)(2)(B) disclosures by

August 1, 2003. Defendants in their defense to Plaintiff’s claims and Plaintiff in

its defense to Defendants’ counterclaims shall make Rule 26(a)(2)(B) disclosures

by October 1, 2003. Any opinions and supporting evidence intended solely to

contradict or rebut the same subject matter identified by another party shall be

disclosed by no later than November 10, 2003. Expert depositions shall be

completed by January 9, 2004.

3. Dispositive motions shall be filed no later than February 15, 2004.

Responses shall be due by March 15, 2004, and replies by March 30, 2004.

Respectfully submitted this 8th day of July, 2002.

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_________________________________

Lewis R. Olshin, Esq.

Wayne A. Mack, Esq.

DUANE MORRIS LLP

4200 One Liberty Place

Philadelphia, PA 19103

Attorneys for Plaintiff

_________________________________

Thomas A. Leonard, Esq.

Paul S. Diamond, Esq.

William J. Leonard, Esq.

OBERMAYER, REBMANN,

MAXWELL & HIPPEL, LLP

One Penn Center, 19th Floor

1617 John F. Kennedy Boulevard

Philadelphia, PA 19103-1895

John DeQ. Briggs, III, Esq.

James G. Kress, Esq.

Kenneth W. Donnelly, Esq.

Howrey, Simon, Arnold & White, LLP

1299 Pennsylvania Avenue, N.W.

Washington, DC 20004-2402

Attorneys for Defendants

PH2\663359.1

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