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In re Prempro Products Liability Litigation

July 31, 2006

IN RE: PREMPRO PRODUCTS LIABILITY LITIGATION
LINDA REEVES PLAINTIFF
v.
WYETH DEFENDANT



The opinion of the court was delivered by: Wm. R.Wilson, Jr. United States District Judge

MDL Docket No. 4:03CV1507-WRW

ORDER

Pending are Plaintiff's Motion to Compel Responses to Plaintiff's Requests for Production Part 5 (Doc. No. 260), Defendant's Motion in Limine to Bar Evidence and Argument that Wyeth Should Have Conducted a "WHI-Like" Study (Doc. No. 303), and Defendant's Second Renewed Motion for Summary Judgment Re: Statute of Limitations (Doc. No. 298).

Based on the findings of fact and conclusions of law made in a hearing held today, I rule as follows:

1. Plaintiff's Motion to Compel Responses to Plaintiff's Requests for Production Part 5 (Doc. No. 260) is DENIED for the time being. If any of the requested documents are offered into evidence, or mentioned by a defense witness, I will conduct a hearing to determine whether the documents were properly withheld under the "work product" privilege. If not, I will instruct the jury to the effect that they were improperly withheld from Plaintiff by Defendant, thus causing the delay in the trial.

2. Defendant's Motion in Limine to Bar Evidence and Argument that Wyeth Should Have Conducted a "WHI-Like" Study (Doc. No. 303) is DENIED.

3. After careful consideration, Defendant's Second Renewed Motion for Summary Judgment Re: Statute of Limitations (Doc. No. 298), filed last Friday, is DENIED.

IT IS SO ORDERED this 31st day of July, 2006.

20060731

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