Well, we’ll have to wait and see what, exactly, this early “limited” discovery order will actually allow, but as I predicted just a few days ago, the Dechert LLP letter — filed in MDL 1938, the Vytorin/Zetia Marketing, Sales Practices, and Products Liability consolidated litigation — seeking a stay of discovery — has not carried the day. I did not “pop-over” to Newark, to hear the arguments on this motion (now I wish I had!), so I don’t yet know how much early discovery will occur, but I do know that this is very bad news for Schering. . . .
Such bad news, in fact, that Dechert LLP may well move for reconsideration before Judge Cavanaugh. Dechert might even appeal any adverse ruling there (should one be entered by the judge) to the Court of Appeals. But that strategem risks “poisoning the well” with the very people who will ultimately be called upon to try one’s case — and, after-all, if Schering really has “nothing to hide,” it should want depos to be taken sooner, rather than later, so that its executives’ memories will still be very current, right? R-i-i-i-I-i-ight.
Note that what has been granted here is a very important “early-look“: at least for some purposes, factual discovery — perhaps including depositions of officers and directors — may begin very shortly. Take a look at the image of the order — do click it, to enlarge:
Things are going to start poppin’ — on all of this — pretty quickly, now. . . .
Note that the Magistrate has ordered Schering’s lawyers to meet, and confer to start working out the schedules for sharing documents [and the taking of depositions(?)]. . . .
So, were I one Hans Becherer, I’d take my vacation (in Europe?), in the next two weeks — after that, it may be back-to-back for quite a while, defending all those compensation decisions — in depositions, day-after-agonizing-day. . . .
Oh, and, “Buckle-up,” Mr. Hassan — Monday’s earnings call may get very “interesting“.