MEHAFFY WEBER
A PROFESSIONAL CORPORAT10N

ATTORNEYS AT LAW
ONE ALLEN CENTER 2515 CALDER AVENUE 1006 AVENUE
son DALLAS, SUITE 1200 P. . BOX 139
HOUSTON, TEXAS mm POST OFFICE BOX 15 ORANGE. TEXAS 77630
TELEPHONE (713)555-1200 BEAUMONT, TEXAS 77704
FAX (713)5550222

TELEPHONE (409} 888?7766
FAX {409} 386-7790

TELEPHONE [409} 835?5011
FAX (409} 835617?
(409) 835-5729

June 25, 1998

NO. Darlene Coker, and spouse Roy Coker vs. Bill Thames Pharmacy
Inc., et al; File No. 3125-11

Mr. John S. Appleman

       

District Clerk

Jefferson County Courthouse

P. O. Box 3707 it;
Beaumont, Texas 77704  
Dear Mr. Appleman: E. 

Enclosed please ?nd a RULE 11 AGREEMENT in connection withEH-e,
numbered cause.  



 
above styled and;

a: 3.- ?hh; 





Please ?le stamp the enclosed copy of this letter re?ecting the date of?ling.

1' 

By cepy hereof, I am forwarding a copy of said instrument to Opposing counsel herein.

Thank you for your courtesy and attention to this matter.

Yours very truly,

 ..


Gene M. Williams
For the Firm

ah
Enc.

MWKIOOZSS

MEHAFFY WEBER

Mr. John S. Appleman
June 25, 1998

Page 2

 

cc:
Herschel L. Hobson

The Law Of?ces of Herschel L. Hobson
2190 Harrison

Beaumont, Texas 77701

MWHOOZSS

MEHAFFY 8: WEBER

A PROFEBBSONAL CORPORATION
4; ATTORNEYS AT LAW
Will NP. NTFF 2515 CALQER AV-ENUE 1r": mm AVFMF 
 ?oz-mom
555-12131 BEAUMONT. TEXAS 777M

EPHGNE IDS 7?
Fungus-om law on

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?$31123

June 24, 1998

Re: N0. Ill?157746; Darlene Colon; and spouse Roy Collar vs. Bill Thames Pharmacy
Inc, et al; F111: No. 3125?11
Hohson
Law Of?ces of Hmchel 1.. Holman 
2 190 Harrison r3
Beaumont, TX 77701 5% ma:
Br": 52::
Dear Herschel: Ext.? 553?   
 
This letter will serve as a Rule 1 1 Agreement between the parties in this omega  {313   
We recognize LhaL the next thing Lhat needs to happen in this case is for you iggel?miine Ibex}.  
extent ofyour causation testimony. We will immediately deliver to you the blocks trig w??lia?ve the . 
will allow Dr. Abraham to paform the digcs?on study he has discxmed.  63'- 3-?1 C:
7?
Prior to Dr. Abraham beginning the digestion study, he will con?rm that there will be 

sumcienl tissue remaining for us Lo perform our own sludy :11 a later lime if that becomes necessary.
Also, you will agree and instruct Dr. Abraham that the results ot'any digestion study or destructive
use oft?is tissue will he maintained in a form where experts on behalf ofthe defendant can review
the work and ?re-read" as it were, after he performs his study.

Dr. Abraham will perfonn his work and have a ?nal report regarding same by July 31,
1998.

At this point intime the parties will enter mm a ?standstill? agreement. The parties will
advise the Court that they will not be ready for trial at the current settings of September and, if
necessary, the parties will ?le a. oinl Motion for Continuance of that selling. This atandstill
agreement will not e?bct dates that have already passed in the current scheduling order. In other
words, by example, the plaintiff will not be allowed to identify any additional experto as those
deadlines have pau;:ed. However. the defendants have not yet identi?ed their experts and so the



 WEBER

Mr. Henchel Hobson 
June 24; 1998 Page 2

 

wadstill a memo-it would o?'ectivoly abate tho export deadlines during the ofthis


The parties anticipate approaching the Court. if testing proves this necossary, to ask for
cortaio modi?cation of the ordzr to accommodate a new trial setting, but in no event will
the defendant?s designation of experts be due until a rm'nimllm ofIWo Weeks after a ?nal report is
to defendant?s counsel shawing tho results of Dr. Abraham?s icsts.

The ?standstill? agreement envisions that the defendant will provide no more discovery to
the plaintiff and that the plainti?'wili contact the various court reporting and third parties
which have been served with depositions on Wri?cn questions to inform than: that production of
documents will not be mouircd until funhcr nation: by tho panics. would include McCronc
Associates, E. S. laboratories Colorado School ofMinos Research Institute and Balm Laboratories.

Plcaso Sign a copy oftizis agraoamt for filing with the Court and return it to me at your
earliest convcnionco.

Yours Vow Tully,
{origami signed by Gen: M. Williams}
Gone M. Williams
For the Firm 
GMW?aiz
Approved:

 

Herschel Hobson

26321