Status Update - March 2017

On November 8, 2016, Judge James Shadid held a hearing on Plaintiffs' Motion for Reconsideration on Judge Baker's previous ruling denying Plaintiffs' motion to strike new testimony IKO submitted on behalf of two purported experts, Dr. Rene Dupuis and Andrew Lodge. Judge Shadid denied Plaintiffs' motion but ordered IKO to produce documents and ordered that Plaintiffs be permitted to depose Dupuis and Lodge. The parties disagreed regarding the scope of the required production and on February 3, 2017, Plaintiffs filed a Motion to Compel. On February 28, 2017, Judge Shadid ordered IKO to produce additional documents.

Plaintiffs Motion for Class Certification and IKO's Motion for Summary Judgment are still pending before the Court. A Status Conference is now scheduled for April 25, 2017. We will continue to keep you apprised of any developments.