The State of California, et al., v. AbbVie Inc.
| Lazaro Suarez and The State of California |
| AbbVie Inc. |
| California Department of Insurance, HCP5, IQVIA RDS Inc., HCP 3, HCP 4, HCP 1, HCP6 and HCP 2 |
| 3:2018cv06392 |
| October 19, 2018 |
| US District Court for the Northern District of California |
| James Donato |
| Elizabeth D Laporte |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 25, 2019. A more recent docket listing may be available from PACER.
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| Filing 55 OPPOSITION/RESPONSE (re #47 Joint MOTION to Remand THE STATE OF CALIFORNIAS MOTION TO REMAND ) CORRECTION OF DOCKET #54 filed byAbbVie Inc.. (Rogers, Brenton) (Filed on 12/14/2018) |
| Filing 54 OPPOSITION/RESPONSE (re #47 Joint MOTION to Remand THE STATE OF CALIFORNIAS MOTION TO REMAND ) filed byAbbVie Inc.. (Rogers, Brenton) (Filed on 12/14/2018) |
Filing 53
ORDER RE #52 STIPULATION. The parties should file a joint submission on sealing issues by January 9, 2019. Any sealing disputes should be briefed in that joint submission in a clear and nonduplicative format, such as a table or chart, that states the parties' and nonparties' respective positions in favor or against sealing specific portions of the record. Signed by Judge James Donato on 12/3/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 12/3/2018)
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| Filing 52 STIPULATION WITH PROPOSED ORDER re 51 Order,,,, Set Deadlines/Hearings,,,, Terminate Motions,,, filed by AbbVie Inc.. (Metlitzky, Warren) (Filed on 11/30/2018) |
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Filing 51
ORDER. The motions to seal, Dkt. Nos. #3 , #16 , #18 , #20 , #21 , are terminated without prejudice, and the hearing set for December 13, 2018 is vacated. Any renewed motions should comply with the district's local rules and the Court's standing orders for sealing and formatting filings and chambers copies. The parties, and any nonparties interested in joining the sealing motions, should meet and confer to resolve case management issues to the extent feasible, and advise the Court of any materials still subject to a sealing dispute in a format that is as clear and nonduplicative as possible, such as a joint motion. See Standing Order Civ. Cases 31. Signed by Judge James Donato on 11/26/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 11/26/2018)
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Filing 50
ORDER re #46 STIPULATION. The opposition to the motion to remand, Dkt. No. 47, is due December 14, 2018, and the reply is due January 3, 2019. The hearing on the motion is continued to February 7, 2019 at 10:00 a.m. in San Francisco, Courtroom 11, 19th Floor. Signed by Judge James Donato on 11/20/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 11/20/2018)
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| Filing 49 Proposed Order re #47 Joint MOTION to Remand THE STATE OF CALIFORNIAS MOTION TO REMAND [PROPOSED] ORDER GRANTING THE STATE OF CALIFORNIAS MOTION TO REMAND by The State of California. (Campins, Nicholas) (Filed on 11/19/2018) |
| Filing 48 Declaration of NICHOLAS GEORGE CAMPINS in Support of #47 Joint MOTION to Remand THE STATE OF CALIFORNIAS MOTION TO REMAND DECLARATION OF NICHOLAS GEORGE CAMPINS IN SUPPORT OF THE STATE OF CALIFORNIAS MOTION TO REMAND filed byThe State of California. (Related document(s) #47 ) (Campins, Nicholas) (Filed on 11/19/2018) |
| Filing 47 Joint MOTION to Remand THE STATE OF CALIFORNIAS MOTION TO REMAND filed by The State of California. Motion Hearing set for 1/17/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor before Judge James Donato. Responses due by 12/3/2018. Replies due by 12/10/2018. (Campins, Nicholas) (Filed on 11/19/2018) |
| Filing 46 STIPULATION WITH PROPOSED ORDER CHANGING TIME filed by AbbVie Inc.. (Attachments: #1 Declaration of Brenton A. Rogers in Support of the Parties' Stipulated Request for Order Changing Time w/ Exhibit A)(Richmond, Ellen) (Filed on 11/19/2018) |
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Filing 45
ORDER by Judge James Donato granting #44 Motion for Pro Hac Vice as to Elizabeth S. Hess P.C.. (lrcS, COURT STAFF) (Filed on 11/13/2018)
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| Filing 44 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 26DDFSRJ.) Filing fee previously paid on 11/9/2018 filed by AbbVie Inc.. (Hess, Elizabeth) (Filed on 11/9/2018) |
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Filing 43
ORDER. A hearing on the motions to seal is set for December 13, 2018 at 10:00 a.m. in the San Francisco courthouse, Courtroom 11, 19th Floor. Signed by Judge James Donato on 11/7/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jdlc1S, COURT STAFF) (Filed on 11/7/2018)
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Filing 42
CASE MANAGEMENT SCHEDULING ORDER: Initial Case Management Conference set for 2/7/2019 10:00 AM in San Francisco, Courtroom 11, 19th Floor. Case Management Statement due by 1/31/2019.. Signed by Judge James Donato on 11/7/19. (lrcS, COURT STAFF) (Filed on 11/7/2018)
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Filing 41
ORDER, Case reassigned to Judge James Donato. Magistrate Judge Elizabeth D. Laporte no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by Executive Committee on 11/5/18. (Attachments: #1 Notice of Eligibility for Video Recording)(haS, COURT STAFF) (Filed on 11/5/2018)
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| Filing 40 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now reassign this case to a District Judge because a party has not consented to the jurisdiction of a Magistrate Judge. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (shyS, COURT STAFF) (Filed on 11/2/2018) |
| Filing 39 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by AbbVie Inc... (Richmond, Ellen) (Filed on 11/2/2018) |
| Filing 38 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lazaro Suarez.. (Nelson, Robert) (Filed on 11/2/2018) |
| Filing 37 NOTICE of Appearance by Robert Jay Nelson (Nelson, Robert) (Filed on 11/2/2018) |
| Filing 36 Remark: Courtroom deputy reminded Plaintiff Lazaro Suarez and Defendant (via email) that the deadline to submit consent or declination to proceed before a magistrate judge is 11/2/2018. This is a text only docket entry. (shyS, COURT STAFF) (Filed on 11/2/2018) |
| Filing 35 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The State of California.. (Campins, Nicholas) (Filed on 10/30/2018) |
| Filing 34 CLERK'S NOTICE TO PLAINTIFF AND DEFENDANTS Re: Consent or Declination. Plaintiff/Defendants shall file a consent or declination to proceed before a magistrate judge by 11/2/2018. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (shyS, COURT STAFF) (Filed on 10/29/2018) |
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Filing 33
ORDER Granting the State of California's Unopposed Administrative Motion to Take Abbvie Inc.'s Motion to Dismiss Hearing Date Temporarily Off Calendar signed by Magistrate Judge Elizabeth D. Laporte: granting #30 Motion. (shyS, COURT STAFF) (Filed on 10/29/2018)
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| Filing 32 Proposed Order re #30 ADMINISTRATIVE MOTION that that the Court order: (1) that the currently-scheduled December 4, 2018 hearing on AbbVie Inc.s Motion to Dismiss be taken off calendar (see DKT # 28), pending a new scheduling order should the Court deny Plaintiffs for MOTION for Extension of Time to File Response/Reply as to #28 MOTION to Dismiss , #29 Request for Judicial Notice, THE STATE OF CALIFORNIAS UNOPPOSED ADMINISTRATIVE MOTION TO TAKE ABBVIE INC.S MOTION TO DISMISS HEARING DATE TEMPORA [PROPOSED] ORDER GRANTING THE STATE OF CALIFORNIAS UNOPPOSED ADMINISTRATIVE MOTION TO TAKE ABBVIE INC.S MOTION TO DISMISS HEARING DATE TEMPORARILY OFF CALENDAR by The State of California. (Campins, Nicholas) (Filed on 10/29/2018) |
| Filing 31 Declaration of NICHOLAS GEORGE CAMPINS in Support of #30 ADMINISTRATIVE MOTION that that the Court order: (1) that the currently-scheduled December 4, 2018 hearing on AbbVie Inc.s Motion to Dismiss be taken off calendar (see DKT # 28), pending a new scheduling order should the Court deny Plaintiffs for MOTION for Extension of Time to File Response/Reply as to #28 MOTION to Dismiss , #29 Request for Judicial Notice, THE STATE OF CALIFORNIAS UNOPPOSED ADMINISTRATIVE MOTION TO TAKE ABBVIE INC.S MOTION TO DISMISS HEARING DATE TEMPORA filed byThe State of California. (Attachments: #1 Exhibit Exhibit A to Campins Declaration)(Related document(s) #30 ) (Campins, Nicholas) (Filed on 10/29/2018) |
| Filing 30 ADMINISTRATIVE MOTION that that the Court order: (1) that the currently-scheduled December 4, 2018 hearing on AbbVie Inc.s Motion to Dismiss be taken off calendar (see DKT # 28), pending a new scheduling order should the Court deny Plaintiffs forthcoming Motion to Remand; and (2) that any and all deadlines for opposition or other response associated with AbbVie Inc.s Motion to Dismiss and related Request for Judicial Notice (filed on October 26, 2018, see DKT # 28 to 29) be vacated and taken off calendar, pending a new scheduling order should the Court deny Plaintiffs forthcoming Motion to Remand. re #28 MOTION to Dismiss , #29 Request for Judicial Notice, THE STATE OF CALIFORNIAS UNOPPOSED ADMINISTRATIVE MOTION TO TAKE ABBVIE INC.S MOTION TO DISMISS HEARING DATE TEMPORARILY OFF CALENDAR, MOTION for Extension of Time to File Response/Reply as to #28 MOTION to Dismiss , #29 Request for Judicial Notice, THE STATE OF CALIFORNIAS UNOPPOSED ADMINISTRATIVE MOTION TO TAKE ABBVIE INC.S MOTION TO DISMISS HEARING DATE TEMPORARILY OFF CALENDAR filed by The State of California. Responses due by 11/2/2018. (Campins, Nicholas) (Filed on 10/29/2018) |
| Filing 29 Request for Judicial Notice re #28 MOTION to Dismiss filed byAbbVie Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Related document(s) #28 ) (Rogers, Brenton) (Filed on 10/26/2018) |
| Filing 28 MOTION to Dismiss filed by AbbVie Inc.. Motion Hearing set for 12/4/2018 09:00 AM in San Francisco, Courtroom E, 15th Floor before Magistrate Judge Elizabeth D. Laporte. Responses due by 11/9/2018. Replies due by 11/16/2018. (Attachments: #1 Proposed Order)(Rogers, Brenton) (Filed on 10/26/2018) |
| Filing 27 NOTICE of Appearance by Ha Kyung Kim Notice of Appearance by Ha "Sara" Kim on behalf of the State of California (Kim, Ha) (Filed on 10/24/2018) |
| Filing 26 CERTIFICATE OF SERVICE by AbbVie Inc. re #24 Exhibits to an Administrative Motion to File Under Seal,, CORRECTED Declaration of Pearson Bownas in Support (Richmond, Ellen) (Filed on 10/24/2018) |
| Filing 25 CERTIFICATE OF SERVICE by The State of California re #22 Opposition/Response to Motion,, #23 Proposed Order, (Campins, Nicholas) (Filed on 10/24/2018) |
| Filing 24 EXHIBITS re #3 Administrative Motion to File Under Seal Materials re Notice of Removal ; CORRECTED Declaration of Pearson Bownas in Support filed byAbbVie Inc.. (Attachments: #1 Unredacted Sealed Version of Complaint (Ex 1 to Corrected Bownas Decl), #2 Redacted Public Version of Complaint (Ex 2 to Corrected Bownas Decl), #3 Unredacted Sealed Version of Exhibits to Complaint (Exs 3-28 to Corrected Bownas Decl))(Related document(s) #3 ) (Richmond, Ellen) (Filed on 10/24/2018) |
| #Electronic filing error. Incorrect event used. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #18 MOTION for Joinder And Joinder To Defendant AbbVie Inc.'s Administrative Motion To File Under Seal Materials Related To Notice Of Removal By Health Care Provider #5 filed by HCP6 Correct Event is Joinder not Motion for Joinder. (aaaS, COURT STAFF) (Filed on 10/23/2018) |
| Filing 23 Proposed Order re #22 Opposition/Response to Motion,, [PROPOSED] ORDER DENYING DEFENDANT ABBVIE INC.S ADMINISTRATIVE MOTION TO FILE UNDER SEAL MATERIALS RELATED TO NOTICE OF REMOVAL by The State of California. (Campins, Nicholas) (Filed on 10/23/2018) |
| Filing 22 OPPOSITION/RESPONSE (re #21 Administrative Motion to File Under Seal Joining AbbVie's Motion to Seal, #3 Administrative Motion to File Under Seal Materials re Notice of Removal, #20 Administrative Motion to File Under Seal Joining AbbVie's Motion to Seal, #18 MOTION for Joinder And Joinder To Defendant AbbVie Inc.'s Administrative Motion To File Under Seal Materials Related To Notice Of Removal By Health Care Provider #5 ) THE STATE OF CALIFORNIAS OPPOSITION TO DEFENDANT ABBVIE INC.S ADMINISTRATIVE MOTION TO FILE UNDER SEAL MATERIALS RELATED TO NOTICE OF REMOVAL filed byThe State of California. (Campins, Nicholas) (Filed on 10/23/2018) |
| Filing 21 Administrative Motion to File Under Seal Joining AbbVie's Motion to Seal filed by HCP 1, HCP 2. (Attachments: #1 Proposed Order, #2 Exhibit Under seal, #3 Exhibit Under seal, #4 Exhibit Under seal, #5 Exhibit Under seal, #6 Exhibit Under seal, #7 Exhibit Under seal, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Gelberg, Grant) (Filed on 10/23/2018) |
| Filing 20 Administrative Motion to File Under Seal Joining AbbVie's Motion to Seal filed by HCP 3, HCP 4. (Attachments: #1 Proposed Order, #2 Exhibit Under seal, #3 Exhibit Under seal, #4 Exhibit Under seal, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Gelberg, Grant) (Filed on 10/23/2018) |
| Filing 19 Declaration of Marc H. Axelbaum in Support of #3 Administrative Motion to File Under Seal Materials re Notice of Removal (Re Removed Superseding Complaint, Exhibits E and F, and Paragraphs 59-62) filed byIQVIA RDS Inc.. (Related document(s) #3 ) (Axelbaum, Marc) (Filed on 10/23/2018) |
| Filing 18 NOTICE OF JOINDER AND JOINDER TO DEFENDANT ABBVIE INC.'S #3 ADMINISTRATIVE MOTION TO FILE UNDER SEAL MATERIALS RELATED TO NOTICE OF REMOVAL BY HEATH CARE PROVIDER #6; filed by HCP6. (Attachments: #1 Declaration Declaration of Robert W. Hodges, ESQ. In Support of Health Care Provider #6'S Joinder to Defendant AbbVie Inc.'s Administrative Motion to File Under Seal Materials Related to Notice of Removal)(Hodges, Robert) (Filed on 10/23/2018) Modified on 10/24/2018 (aaaS, COURT STAFF). |
| Filing 17 NOTICE of Appearance by Nicholas George Campins on behalf of the State of California (Campins, Nicholas) (Filed on 10/23/2018) |
| Filing 16 NOTICE by HCP5 re #3 Administrative Motion to File Under Seal Materials re Notice of Removal Pursuant to L.R. 79-5 (Ferber, Michelle) (Filed on 10/23/2018) |
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Filing 15
ORDER Granting Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Elizabeth D. Laporte: granting #11 Application. (shyS, COURT STAFF) (Filed on 10/22/2018)
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Filing 14
ORDER Granting Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Elizabeth D. Laporte: granting #8 Application. (shyS, COURT STAFF) (Filed on 10/22/2018)
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Filing 13
ORDER Granting Application for Admission of Attorney Pro Hac Vice signed by Magistrate Judge Elizabeth D. Laporte: granting #7 Application. (shyS, COURT STAFF) (Filed on 10/22/2018)
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Filing 12
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/15/2019. Initial Case Management Conference set for 1/22/2019 03:00 PM. Signed by Magistrate Judge Elizabeth D. Laporte on 10/22/18. (aaaS, COURT STAFF) (Filed on 10/22/2018)
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| Filing 11 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12779852.) filed by AbbVie Inc. (Cramer, Brittany) (Filed on 10/20/2018) Modified on 10/22/2018 (aaaS, COURT STAFF). |
| #Electronic filing error. Corrected by Clerk's Office. No further action is necessary. Re: #1 Notice of Removal, filed by AbbVie Inc. Parties Entered Incorrectly. (aaaS, COURT STAFF) (Filed on 10/19/2018) |
| Filing 10 CERTIFICATE OF SERVICE by AbbVie Inc. re #3 Administrative Motion to File Under Seal Materials re Notice of Removal (Richmond, Ellen) (Filed on 10/19/2018) |
| Filing 9 CERTIFICATE OF SERVICE by AbbVie Inc. re #1 Notice of Removal, (Richmond, Ellen) (Filed on 10/19/2018) |
| Filing 8 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12778824.) filed by AbbVie Inc. (Kassof, Andrew) (Filed on 10/19/2018) Modified on 10/22/2018 (aaaS, COURT STAFF). |
| Filing 7 MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12778794.) filed by AbbVie Inc. (Rogers, Brenton) (Filed on 10/19/2018) Modified on 10/22/2018 (aaaS, COURT STAFF). |
| Filing 6 NOTICE of Appearance by Warren Metlitzky for Defendant AbbVie Inc. (Metlitzky, Warren) (Filed on 10/19/2018) |
| Filing 5 Corporate Disclosure Statement by AbbVie Inc. identifying Other Affiliate Capital Research Global Investors for AbbVie Inc.. Certification of Interested Entities also included. (Richmond, Ellen) (Filed on 10/19/2018) |
| Filing 4 EXHIBITS re #1 Notice of Removal, Exhibit 2 to Notice of Removal, CORRECTION OF DOCKET # [1-2] filed byAbbVie Inc.. (Related document(s) #1 ) (Richmond, Ellen) (Filed on 10/19/2018) |
| Filing 3 Administrative Motion to File Under Seal Materials re Notice of Removal filed by AbbVie Inc.. (Attachments: #1 Declaration of Pearson N. Bownas in Support of Administrative Motion to Seal, #2 Exhibit 1 to Bownas Declaration (Unredacted, Under Seal), #3 Exhibit 2 to Bownas Declaration (Redacted, Public Version), #4 Exhibit 3-28 to Bownas Declaration (Unredacted, Under Seal), #5 Proposed Order)(Richmond, Ellen) (Filed on 10/19/2018) |
| Filing 2 Case assigned to Magistrate Judge Elizabeth D. Laporte. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 11/2/2018. (jmlS, COURT STAFF) (Filed on 10/19/2018) |
| Filing 1 NOTICE OF REMOVAL; (NO PROCESS); from Alameda County Superior Court. Their case number is RG18893169. (Filing fee $400 receipt number 0971-12776415). Filed byAbbVie Inc.. (Attachments: #1 Exhibit Exhibit 1 to Notice of Removal, #2 Exhibit Exhibit 2 to Notice of Removal, #3 Exhibit Exhibit 3 to Notice of Removal, #4 Exhibit Exhibit 4 to Notice of Removal, #5 Civil Cover Sheet)(Richmond, Ellen) (Filed on 10/19/2018) Modified on 10/22/2018 (aaaS, COURT STAFF). |
| #Electronic filing error. Exhibit 2 to Notice of Removal has blank/missing pages in the document. Please correct the document and re-file the Exhibit only its entirety. Re:[1-2] Exhibit 2 to Notice of Removal, filed by AbbVie Inc. (jmlS, COURT STAFF) (Filed on 10/19/2018) |
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