Free Order on Motion to Disqualify Counsel - District Court of Delaware - Delaware

Case 1:06-cv-00774-JJF Document 66 Filed 07/25/2007 Page1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RELIANT PHARMACEUTICAL, INC., :
Plaintiff, Z
v. E Civil Action No. 06-774-JJF
PAR PHARMACEUTICAL, INC.,
Defendant. Z
O R D E R
WHEREAS, Plaintiff has filed a Motion To Disqualify
{D.I. 29) citing a prior representation related to the subject
matter of this litigation;
WHEREAS, Defendant responds that the grounds asserted
by Plaintiff are conclusory; the prior relationship was limited;
and it has taken precautions to avoid any confidential
information it may possess from being available to the attorneys
admitted in this case;
WHEREAS, the Court finds the conflicting versions of
the prior representation asserted by the parties in their papers
do not allow the Court to make findings of fact necessary to
decide the instant motion;
WHEREAS, the Court is persuaded that the precautions
put in place by Defendant are sufficient, at this juncture, to
protect Plaintiff;
NOW THEREFORE, IT IS HEREBY ORDERED that:
l) Plaintiff's Motion For Disqualification (D.I. 29)

Case 1:06-cv-00774-JJF Document 66 Filed 07/25/2007 Page 2 of 2
is DENIED with leave to renew after an opportunity for discovery
on the disqualification issue;
2) If Plaintiff elects to pursue the instant motion
the parties may conduct agreed upon limited discovery to be
completed by September 6, 2007;
3) The March 28, 2007 Rule 16 Scheduling Order
provision requiring identification of fact witnesses, document
production and certain interrogatory exchanges may be extended
for a maximum of thirty (30) days by either party without Court
approval; however no additional extensions will be granted;
4) Any Renewed Motion For Disqualification shall be
noticed for the Court's October 2007 Motion Day.
Jai 2007 A` BY "‘*~~¢-/··~ .
M75ATE TED . W S DISTRICT _• .·