October 10, 2017 00:00
Order on Motion to Exclude Order on Motion to Strike Order on Motion for Summary Judgment
1:04-cv-03294 | Georgia Northern
ORDER granting FTC's 855 Motion to Exclude Testimony of Dr. Gerald Goldhaber; denying as moot Defendants' 858 Motion to Strike Declaration and Testimony of Susan Blalock; denying Defendants' 865 Motion to Strike Testimony and Expert Report of Richard van Breeman; denying Defendants' 866 Motion to Strike/Exclude the testimony, declarations/reports and opinions of Louis J. Aronne; granting FTC's 875 Motion to Exclude Testimony of Linda Gilbert; denying Defendants' 876 Motion for Summary Judgment seeking an Order denying the FTC's Application for an Order of Contempt. The court ORDERS disgorgement of $40,120,950 in compensatory sanctions. Hi-Tech, Wheat, and Smith are jointly and severally liable for $40,000,950. Wright is liable for $120,000. The parties are ORDERED to administer the compensatory sanctions as directed above. In addition, the court ORDERS Hi-Tech, Wheat, and Smith, to the extent it has not been done already, to recall from retail outlets all Fastin, Lipodrene, Benzedrine, and Stimerex-ES with violative product packaging and labels. The FTC is DIRECTED to submit a proposed judgment within twenty (20) days of this order, after giving the defendants the opportunity to review same as to form. Signed by Judge Charles A. Pannell, Jr on 10/10/2017. (dfb)



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