Bristol-Myers Company

Text (OCR of the scan at left; may contain errors)

IN THE A TTER OF BRISTOL-MYERS COMPANY, ET AL.

Doket 8917. Interlouto Orr, Jan. 1980 ORDER DENYING RESPONDENT BRISTOL-MYERS' MOTION FOR ADDITION OF PORTION O:F Appendices TO BRIEF ON Appeal By motion dated January 7, 1980, respondent Bristol-Myers Company ("Bristol-Myers ) requests that the Commission accept 18 pages of appendices as part of its appeal brief in this proceeding. The 18 pages concerned here represent the amount by which Bristol-Myers' 77 page main appeal brief and 31 page booklet of appendices exceed the 90 page limit on appeal briefs set by the Commission in its Order Granting Leave to File Briefs in Excess of Sixty Pages, dated November 9, 1979. Bristol-Myers has already asked the Commission to reconsider its 90 page limit and to permit lengthier briefs. The Commission denied that request by order dated November 29, 1979. Thus, Brislol-Myers has long been on notice that the 90 page limit is firm. However, in its latest motion, Bristol-Myers provides no reason for exceeding that limit other than the difficulty of paring down its discussion of the case to the required length. Bristol-Myers' motion is therefore denied. The Commission is nevertheless willing to grant Bristol-Myers an additional period within which to edit its appendices or main appeal brief, or both, in such a manner that the combined fiing does not exceed ninety pages. If Bristol-Myers fails to submit a revised brief or revised appendices within that period, the Commission shah accept the first 13 pages of Appendix A 10 Bristol-Myers' appeal brief and shall reject the remainder of Appendix A and the entirety of Appendix B. To assure complaint counsel adequate opportunity to respond to any such revisions as Bristol-Myers may make, the remainder of the briefing schedule must be readjusted. Accordingly, It .is ordered That:

(1) Bristol-Myers' motion to have the fina118 pages of Appendices A and B accepted as part of its appeal brief is denied; (2) Bristol-Myers is granted leave until and including January 28 1980, in order to withdraw its main appeal brief and appendices and to revise them such that they total no more than 90 pages; (3) If no such revisions are submitted before January 28, 1980, the Secretary shall remove pages A 14 through B-ll of Appendices A and B to Bristol-Myers' main appeal brief before placing such appendices on the public record and transmitting them to the Commission; and (4) The briefing schedule shall be revised as follows: all answer Interlocutory Order 95 F. briefs shall be filed on or before March 17, 1980; and all reply briefs shall be filed on or before March 31, 1980. Commissioner Pitofsky did not participate.

265 Complaint