As I noted last Thursday (in four places, no less!), the plaintiffs in the various pieces of ENHANCE/Vytorin® federal securities and ERISA would-be class actions were allegedly being effectively stone-walled, by Merck's lawyers, in obtaining additional discoverable documents. That has all changed, apparently, now that the lengthy plaintiffs' letter detailing, for Judge Cavanaugh, the dilatory tactics -- have been made public -- as of this morning, then:
. . . .This firm, along with others represents plaintiffs in the above captioned litigation. As you know, on July 9, 2010, we filed a letter with Your Honor identifying certain discovery issues which we believed required judicial intervention. I am pleased to report that the parties continue to make progress resolving those issues and, as a consequence, Plaintiffs hereby withdraw their July 9, 2010 letter without prejudice to seeking the Court’s assistance on any of those matters in the future. . . .
I'll keep you posted, as ever -- but Merck knew it had a series of losers, here.
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