Free Expert Witness Designation - District Court of Colorado - Colorado

Case 1:03-cv-02608-WDM-MJW

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Filed 11/30/2006

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-CV-02608-WDM-MJW LORNA FOOSHEE, individually, as personal representative of the estate of MICHAEL FOOSHEE, deceased, and as parent of DARLENE FOOSHEE, a minor; RICK FOOSHEE, and MARILYN FOOSHEE Plaintiffs, v. THE UNITED STATES OF AMERICA, and MYLAN PHARMACEUTICALS, INC. Defendants.

SECOND SUPPLEMENTAL EXPERT DISCLOSURE ON BEHALF OF DEFENDANT, MYLAN PHARMACEUTICALS, INC.

Defendant, Mylan Pharmaceuticals Inc. ("Mylan"), by and through its counsel, Pietragallo, Bosick & Gordon, LLP, and Jackson Kelly PLLC, submits this Second Supplemental Disclosure of Experts, averring as follows: I. EXPERT WITNESSES 1. In accordance with F.R.C.P. 26(a)(2)(B), attached as Exhibit "A", is a list of other

cases in which Dr. Jerome P. Skelly has testified as an expert at trial or by deposition within the preceding four years. 2. Emanuel Rubin, M.D. 1505 Monk Road Gladwyne, PA 19035 Dr. Rubin is a Board Certified Pathologist. He is expected to testify consistent with the attached report. (See Exhibit "B"). Dr. Rubin's fee schedule is rate is $500/hour generally and $5,000.00 a day for a deposition and/or trial testimony outside of Philadelphia and $5,000.00/day or $3,500.00/half day inside Philadelphia. A copy of

Case 1:03-cv-02608-WDM-MJW

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Dr. Rubin's CV is also attached as Exhibit "C". disclosure with a list of Dr. Rubin's testimony.

Mylan will supplement this

Respectfully submitted, PIETRAGALLO, BOSICK & GORDON

By:

/s/ Clem C. Trischler Clem C. Trischler, Esquire The Thirty-Eighth Floor One Oxford Center Pittsburgh, PA 15219 Phone: (412) 263-2000 Fax: (412) 261-5295 [email protected]

JACKSON KELLY, PLLC

By:

/s/ William David Byassee William David Byassee 1099 18th Street, #2150 Denver, CO 80202 Phone: (303) 390-0003 Fax: (303) 390-0177 [email protected] Counsel for Defendant, Mylan Pharmaceuticals Inc.

Case 1:03-cv-02608-WDM-MJW

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CERTIFICATE OF SERVICE This is to certify that a copy of the Second Supplemental Disclosure of Experts on behalf of Mylan Pharmaceuticals Inc. was filed electronically with the Clerk of Court to be served by operation of the Court's electronic filing system upon all attorneys of record on this 30th day of November 2006 to:

D. Robert Jones, Esq. D. Robert Jones, P.C. 219 West Colorado Avenue, #210 Colorado Springs, CO 80903 Counsel for Plaintiffs Kurt J. Bohn, Esq. U.S. Attorney's Office 1225 Seventeeth Street, #700 Denver, CO 80202 Counsel for Defendant United States

/s/ Clem C. Trischler

Case 1:03-cv-02608-WDM-MJW

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EXHIBIT "A" Prior testimony of Dr. Jerome P. Skelly as expert at trial or deposition within preceding four years Case Name Pharmacia and Upjohn v. Neopharm, Case #13 193 101062 Pharmacia and Upjohn v. Caruso, et al. King Pharmaceuticals, Elan Pharmaceuticals, Eon Labs, & Core Pharmaceuticals King Pharmaceuticals v. Elan (Zaleplon) Year 2002 2003 2004 & 2005 2006