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IN RE PREMPRO PRODUCTS LIABILITY LITIGATION

October 9, 2005.

In re: PREMPRO PRODUCTS LIABILITY LITIGATION.


The opinion of the court was delivered by: Wm. WILSON JR., District Judge

ALL CASES

STIPULATED CONFIDENTIALITY ORDER RE: IRMS, PFOENIX, MERLIN AND FOXPRO DATABASES (Consumer Zip Codes and Health Care Provider Information)
  1. This Order is entered for the purpose of protecting the privacy rights of consumers whose contact information is stored in the Pfizer and Pharmacia Defendants' Medical Communications databases ("IRMS", "PFOENIX", "MERLIN" and "FOXPRO").

  2. The Data produced by the Pfizer and Pharmacia Defendants from the "IRMS", "PFOENIX", "MERLIN" and "FOXPRO" databases (the "Data") will include the Zip Codes of consumers and Health Care Provider information of consumers. The Data will not include Health Care Provider information regarding adverse event related inquiries; such information will remain redacted. The parties in this proceeding (and anyone acting on their behalf or at their direction) who receive the Data will not undertake any efforts to determine the identity of consumers from the Data. In the event Plaintiffs believe that there is a basis for requesting additional information regarding the identity of any particular consumer, Plaintiffs must submit a Motion to the Court with the reasons for requesting the information and the Court, after briefing and argument by the parties, shall determine the propriety of the request.

  3. In addition to this Order, the Data is subject to this Court's Confidentiality Order entered on September 22, 2003 [Docket No. 27].

  4. The Pfizer and Pharmacia Defendants seek the return of the Data (or its destruction) at the conclusion of the litigation. Before the conclusion of these proceedings by a final remand or otherwise, the Court will seek the advice of the parties and the Pfizer and Pharmacia Defendants to whether the Data should be returned to the Pfizer and Pharmacia Defendants (or destroyed) at that time or whether continued use of the Data will be required on remand of cases to the transferor courts.

  5. Any person who intentionally violates this Order will be subject to contempt of court and the imposition of civil sanctions, including reasonable attorneys' fees and costs.

  6. Any unresolved issues relating to enforcement of any alleged violations of the terms of this Order will be resolved by this Court or, upon the termination of MDL-1507, any court with jurisdiction over the person against whom enforcement is sought.

  SO ORDERED.

20051009

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