A Wrinkle In Settling the Merck/Schering-Plough ENHANCE-Era Securities Class Actions?


It seems some part of the profferd economic analyses, related to the damages allegedly suffered by the putative classes of plaintiffs in the Merck & Co. (Case 08-2177), and the legacy Schering-Plough (Case 08-397) federal securities cases related to the ENHANCE/Vytorin/Zetia study results delays, was in error.

The parties have agreed to re-depose the plaintiffs’ expert, Chad W. Coffman (depicted at right), before moving forward and arguing the matter of whether a pair of classes may properly be certified by the New Jersey federal District Courts — from the joint stipulation and proposed order, then:

. . . .WHEREAS, on November 18, 2011, plaintiffs served an “Errata to Expert Report of Chad Coffman” (“Errata”) following the exchange of opening and rebuttal expert reports, and after the deposition of Chad Coffman was taken on November 15, 2011; and

WHEREAS, the parties have agreed that defendants shall be given an opportunity to depose plaintiffs’ expert concerning the “Errata” before filing their opposition to the motions for class certification;

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for the parties that:

1. Plaintiffs will make Mr. Coffman available for deposition concerning the “Errata” on or before November 29, 2011;

2. Defendants’ oppositions to the motions for class certification will be due by 5pm on December 6, 2011, and Plaintiffs’ reply briefs will be due by January 31, 2012;

3. Defendants reserve all rights to challenge the appropriateness, validity, and admissibility of the “Errata” and opinions therein, whether by motion or otherwise. . . .

Joseph A. Dickson,
United Stated Magistrate Judge

So — Mr. Coffman’s deposition should be taken this coming week. We will keep you posted.

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