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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN RE WELLBUTRIN SR/ZYBAN ANTITRUST :

LITIGATION :

_________________________________________ : Master File No. 02-CV-4398

:

THIS DOCUMENT RELATES TO :

ALL ACTIONS :

O R D E R

AND NOW this 25th day of July, 2003, the parties having reported that they have

conferred concerning certain pretrial matters, and upon consideration of their stipulated proposed

case management order, it is hereby ORDERED that:

1. The proposed case management order is adopted in full.

2. The status conference scheduled for July 29, 2003 at 10:00 a.m. is cancelled.

3. Consistent with the stipulated proposed case management order, discovery in 

Stage 2 of Phase 1 merits discovery shall proceed as follows:

Activity Deadline

Plaintiffs to supplement Plaintiffs’ Responses

and Objections to Defendants’ First Request for 

Production of Documents. August 15, 2003

Parties to serve any interrogatories on 

1) whether Patent Litigations are “objectively baseless,”

and 2) whether GSK caused a delay in sustained release 

bupropion hydrochloride generic entry. August 15, 2003

Parties to answer any interrogatories on 

1) whether Patent Litigations are “objectively baseless,”

and 2) whether GSK caused a delay in sustained release 

bupropion hydrochloride generic entry. 30 days after service with

supplementation as required by

Fed. R. Civ. P. 26(e)(2)

Case 2:02-cv-04398-BWK Document 33 Filed 07/25/2003 Page 1 of 4
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 If Plaintiffs depose any current GSK employee during this period on the topics of 1) whether

Patent Litigations are “objectively baseless” and 2) whether GSK caused a delay in sustained release

bupropion hydrochloride generic entry, this will be without prejudice to depose this same witness at a

later date on other merits or class certification issues. GSK does not intend to call any Class Plaintiffs for

deposition during this stage of discovery. If GSK should elect to do so, Class Plaintiffs may determine

whether to limit the subject of the deposition to a) whether Patent Litigations are “objectively baseless”

and whether GSK caused a delay in sustained release bupropion hydrochloride generic entry or b)

whether to require that such Class Plaintiff be deposed about all topics relevant to the litigation and thus

not deposed again at a later date.

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Activity (cont.) Deadline (cont.)

Parties to complete production of materials 

responsive to document requests served during Stage 1 

of Phase 1 Merits discovery prior to July 28, 2003. October 10, 2003

Parties to complete fact depositions, if any, on 

1) whether Patent Litigations are “objectively baseless,”

and 2) whether GSK caused a delay in sustained release 

bupropion hydrochloride generic entry.1 November 21, 2003

Parties to file any motions for summary judgment on

1) whether Patent Litigations are “objectively baseless,”

and 2) whether GSK caused a delay in sustained release 

bupropion hydrochloride generic entry. December 1, 2003

Parties to file any opposition to summary 

judgment motions. January 9, 2004

Parties to file any reply briefs supporting 

motions for summary judgment. January 30, 2004

3. On February 3, 2004 at 10:00 a.m. in Courtroom 3-H, I will hold a discovery hearing to

discuss the status of this action. The parties are to be prepared to discuss Phase 2 discovery, the

class discovery. Plaintiffs’ Lead Counsel and Counsel for the Defendants are to be present.

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4. Counsel are commended for their efforts, to date, in working together to move this case

forward. I will remain available, throughout the discovery process, to address any discovery

concerns, at the request of the parties. In the event that counsel cannot, in good faith, resolve a

discovery dispute without court intervention, they are directed to contact chambers through a

telephone call, or letter facsimile, to request the scheduling of a conference. A telephone or inperson conference to discuss and resolve the dispute will be scheduled in a prompt fashion. The

filing of formal discovery motions is discouraged.

BY THE COURT

____________________________________

M. FAITH ANGELL 

UNITED STATES MAGISTRATE JUDGE

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ORDER FAX FORM

If you want your Order faxed,

 please provide names and fax numbers below.

 Thank you.

CASE NO. 02-4398

TODAY’S DATE: July 25, 2003 LAW CLERK’S INITIALS: JJK

NAME FAX NUMBER (Area Code & Number)

1. Anthony J. Bolognese, Esq. 215-814-6764

2. Marc A. Topaz, Esq. 610-667-7056

Joseph H. Meltzer, Esq.

3. J. Douglas Richards, Esq. . 212-868-1229

Michael M. Buckman, Esq

4. Thomas M. Sobol, Esq. 617-482-3003

Jeniene Andrews-Matthews, Esq.

5. Christopher A. O’Hara, Esq. 206-623-0594

6. Mark S. Stewart, Esq. 215-864-8999

Leslie E. John, Esq

7. William J. Baer, Esq. 202-942-5999

Kenneth A. Letzler, Esq.

Cathy Hoffman, Esq.

Amy R. Mudge, Esq.

June Im, Esq.

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