Free Order - District Court of Delaware - Delaware

Case 1:04-cv-00940-JJF Document 31 Filed 06/06/2005 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
MERCK & CO., INC., :
Plaintiff, Q
v. Q Civil Action No. 04-939-JJF
TEVA PHARMACEUTICALS E
U.S.A., INC., :
Defendant. E
THE PROCTOR & GAMBLE COMPANY, :
Plaintiff, ;
v. E Civil Action No. 04-940-JJF
TEVA PHARMACEUTICALS E
U.S.A., INC., :
Defendant. ;
O R D E R
WHEREAS, on May 5, 2005, the Court entered an Order
declining to consolidate cases 04-cv-939 and O4-cv-940 (D.I. l7
in 04-939; D.I. 22 in 04-940);
WHEREAS, Defendant filed a Request For Reconsideration Of
The Court’s Order Of May 5, 2005, Declining Consolidation (D.I.
l9 in 04-939; D.I. 24 in 04-940) contending that, because neither
action is a jury case, the Court erred in basing its decision on
the potential for jury confusion;
WHEREAS, as argued the Plaintiffs in each case, the Court’s
decision was not based only on the potential for jury confusion,
I but also on the presence of differing factual and legal issues;

Case 1:04-cv-00940-JJF Document 31 Filed 06/06/2005 Page 2 of 2
NOW THEREFORE, IT IS HEREBY ORDERED that Defendant’s Request
For Reconsideration Of The Court’s Order Of May 5, 2005,
Declining Consolidation (D.I. 19 in 04—939; D.I. 24 in 04-940) is
DENIED.
June 6, 2005 x I · · ,. .
DATE W. TED STAT ' DISTRICT JUD E