The opinion of the court was delivered by: L. Felipe Restrepo United States Magistrate Judge
AND NOW, this 25th day of November, 2008, after considering Defendant's Motion to Bar Plaintiff from introducing claims or evidence contained in Sections V (A), (D), and (F) of its expert report (Doc. No. 93), SEPTA's Opposition Brief to the aforementioned Motion to Bar (Doc. No. 97), and Defendant's Reply Brief (Doc. No. 102), it is hereby ORDERED that:
1. Defendant's Motion to Bar is DENIED;
2. Defendant's request that the Court require Plaintiff to amend its First Amended Complaint is DENIED;
3. Defendant's request to take additional discovery is GRANTED; however, the scope of such additional discovery is LIMITED to the three areas of contract damages at issue in the Motion to Bar: invalid prescriber identifications, copayments, and specialty drug pricing, and also any necessary third-party issues.
4. Plaintiff's request to take additional discovery is DENIED;
5. Defendant's request to shift the costs of its additional discovery to Plaintiff is DENIED;
6. Jury Selection in this case will begin at 9:30 a.m. on June 25, 2009 in Courtroom Number 3I - Third Floor of the United States Courthouse at 601Market Street. Trial will begin on June 29, 2009 at 9:30 a.m. in Courtroom Number 3I - Third Floor of the United States Courthouse at 601Market Street.
7. With respect to all other scheduling dates which have been temporarily suspended by the Court's prior order dated 10/10/08 (Doc. No. 99) pending the outcome of the current Motion to Bar, Plaintiff and Defendant are hereby
ORDERED to submit a JOINT PROPOSED SCHEDULING ORDER for the Court's signature no later than 10 days from the date of this order.
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