Free Response to Motion - District Court of Colorado - Colorado

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

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

LORNA FOOSHEE, individually and 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. JOHN E. RISING, R. Ph., LYNN BEAULIEU, M.D., COMMUNITY HEALTH CENTERS, and MYLAN PHARMACEUTICALS, INC., Defendants.

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Case No. 03-cv-02608-WDM-MJW

RESPONSE OF MYLAN PHARMACEUTICALS INC. TO PLAINTIFFS' MOTION TO RESCHEDULE SETTLEMENT CONFERENCE ___________________________________________________ AND NOW, comes the Defendant, Mylan Pharmaceuticals Inc., by and through its counsel, and hereby submits this Response to the Plaintiffs' Motion to Reschedule Settlement Conference. In support of this Response, Mylan Pharmaceuticals Inc.

(hereinafter "Mylan") submits the following: 1. On October 31, 2006, Plaintiffs' counsel contacted counsel for Mylan

requesting that the Defendant consent to a postponement of the Settlement Conference before Magistrate Judge Watanabe on November 6, 2006. 2. Prior to receiving this telephone call requesting a rescheduling of the

Settlement Conference, arrangements had been made for Clem C. Trischler, Esq., as

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

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counsel for Mylan, and Bernard W. O'Keefe, Assistant Corporate Counsel for Mylan, to attend the conference on November 6. tickets for this purpose. 3. Mylan believes that it is important for the parties to meet with the Court in In fact, Mr. O'Keefe had purchased airline

order to explore the potential for an amicable resolution of this matter before the parties incur the costs and expenses of protracted litigation. 4. Notwithstanding Mylan's interest in having the assistance of the Court in

fostering a settlement dialogue, Mylan does not object to a rescheduling of this conference if opposing counsel are unavailable and unable to participate on the date set for the conference. 5. However, Mylan does request that, to the extent possible, the Settlement

Conference be promptly rescheduled for sometime prior to December 31, 2006.

Respectfully submitted, PIETRAGALLO, BOSICK & GORDON Dated: November 1, 2006 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] Counsel for Defendant, Mylan Pharmaceuticals Inc.

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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]

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CERTIFICATE OF SERVICE This is to certify that a copy of the Response to Plaintiffs' Motion to Reschedule Settlement Conference 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 1st day of November, 2006, to:

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

/s/ Clem C. Trischler