Aetna Inc. v. Gilead Sciences, Inc. et al
| Aetna Inc. |
| Gilead Sciences, LLC, Gilead Sciences Ireland UC, Janssen R&D Ireland, Gilead Sciences, Inc., Gilead Holdings, LLC, Bristol-Myers Squibb & Gilead Sciences, LLC, Gilead Sciences Limited, Bristol-Myers Squibb Company, E.R. Squibb & Sons, L.L.C., Janssen Products L.P. and Tibotec Pharmaceuticals |
| 3:2022cv00740 |
| February 3, 2022 |
| US District Court for the Northern District of California |
| Edward M Chen |
| Anti-Trust |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on April 20, 2022. A more recent docket listing may be available from PACER.
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| Filing 35 Transcript of Remote Zoom Video Conference Proceedings held on 3/15/2021 before Judge Edward M. Chen. Court Reporter Ana Dub, CSR 7445, RDR, RMR, CRR, CCRR, CRG, CCG, telephone number 415-290-1651; ana_dub@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (973 in 3:19-cv-02573-EMC) Transcript Order,, ) Release of Transcript Restriction set for 7/5/2022. (amd, COURT STAFF) (Filed on 4/3/2022) |
| Filing 34 CLERK'S NOTICE SETTING ZOOM HEARING. Motion Hearing as to #11 MOTION to Dismiss Individual Health Plan Plaintiffs' Claims Pursuant to Rules 12(b)(1) & 12(b)(6) of the Federal Rules of Civil Procedure set for 3/31/2022, at 1:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, a nd rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourt s.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 3/31/2022) |
Filing 33
Order by Judge Edward M. Chen Granting #28 Motion for Pro Hac Vice as to Laura Lydigsen.(vla, COURT STAFF) (Filed on 3/31/2022)
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| Filing 32 CLERK'S NOTICE ADVANCING MOTION HEARING RE #26 Cross MOTION for Permanent Injunction Against Aetna Prosecuting its Claims in State Court.Motion Hearing previously set for 4/21/2022 is advanced to 4/7/2022 at 01:30 PM by Videoconference Only before Judge Edward M. Chen. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a tex t-only entry generated by the court. There is no document associated with this entry.) (bxs, COURT STAFF) (Filed on 3/30/2022) |
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Filing 31
ORDER. Defendants have filed a cross-motion for a permanent injunction against Aetna prosecuting its claims in state court. The cross-motion is at Docket No. 955 in No. C-19-2573; Docket No. 25 in No. C-21-9827; and Docket No. 26 in No. C-22-0470. The cross-motion in No. C-21-9827 is administratively terminated based on the Court's denial of the motion to vacate the voluntary dismissal. The hearing on the cross-motion is otherwise ADVANCED to 4/7/2022 so that it may be heard on the same day as Aetna's motion to remand (Docket No. 18 in No. C-22-0470). Aetna has already included an opposition to the cross-motion as part of its reply brief in support of remand. There shall be no further briefing on the cross-motion.. Signed by Judge Edward M. Chen on 3/30/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (emclc2, COURT STAFF) (Filed on 3/30/2022)
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| Filing 30 REPLY in Support (re #18 MOTION to Remand) filed by Aetna Inc.. (Attachments: #1 Declaration of Daniel A. Sasse in support of Reply in support of Motion to Remand)(Sasse, Daniel) (Filed on 3/23/2022) |
| Filing 29 Transcript of Proceedings held on 3/10/22, before Judge Edward M. Chen. Court Reporter/Transcriber Access Transcripts, telephone number 855-873-2223. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re (962 in 3:19-cv-02573-EMC) Transcript Order, ) Redaction Request due 4/11/2022. Redacted Transcript Deadline set for 4/21/2022. Release of Transcript Restriction set for 6/20/2022. (Watson, Ilene) (Filed on 3/21/2022) |
| Filing 28 MOTION for leave to appear in Pro Hac Vice of Laura Lydigsen ( Filing fee $ 317, receipt number ACANDC-17009142.) filed by Aetna Inc.. (Lydigsen, Laura) (Filed on 3/18/2022) |
| Filing 27 REPLY in Support (re #11 MOTION to Dismiss Individual Health Plan Plaintiffs' Claims Pursuant to Rules 12(b)(1) & 12(b)(6) of the Federal Rules of Civil Procedure) filed by Gilead Holdings, LLC, Gilead Sciences Ireland UC, Gilead Sciences, Inc., Gilead Sciences, LLC. (Burke, Heather) (Filed on 3/17/2022) |
| Filing 26 Cross MOTION for Permanent Injunction Against Aetna Prosecuting its Claims in State Court filed by Gilead Holdings, LLC, Gilead Sciences Ireland UC, Gilead Sciences, Inc., Gilead Sciences, LLC. Motion Hearing set for 4/21/2022 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 3/30/2022. Replies due by 4/6/2022. (Attachments: #1 Proposed Order)(Burke, Heather) (Filed on 3/16/2022) |
| Filing 25 OPPOSITION/RESPONSE (re #18 MOTION to Remand ) filed byGilead Holdings, LLC, Gilead Sciences Ireland UC, Gilead Sciences, Inc., Gilead Sciences, LLC. (Burke, Heather) (Filed on 3/16/2022) |
| Filing 24 CLERK'S NOTICE CONVERTING INITIAL CASE MANAGEMENT CONFERENCE TO ZOOM HEARING. Initial Case Management Conference set for 3/15/2022, AT 9:30 AM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.ALL COUNSEL PARTICIPATING IN THE HEARING ARE REQUIRED TO LOG IN TO ZOOM AT 9:10 a.m. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a tex t-only entry generated by the court. There is no document associated with this entry.) (vla, COURT STAFF) (Filed on 3/14/2022) |
| Filing 23 Proposed Order re #22 Opposition/Response to Motion to Dismiss Individual Health Plan Plaintiffs' Claims Pursuant to Rules 12(b)(1) & 12(b)(6) of the Federal Rules of Civil Procedure by Aetna Inc.. (Sasse, Daniel) (Filed on 3/8/2022) |
| Filing 22 OPPOSITION/RESPONSE (re #11 MOTION to Dismiss Individual Health Plan Plaintiffs' Claims Pursuant to Rules 12(b)(1) & 12(b)(6) of the Federal Rules of Civil Procedure ) filed byAetna Inc.. (Sasse, Daniel) (Filed on 3/8/2022) |
| Filing 21 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Riehle, Paul) (Filed on 3/8/2022) |
| Filing 20 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options filed by Aetna Inc. (Sasse, Daniel) (Filed on 3/2/2022) |
| Filing 19 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options filed by Gilead Sciences, Inc., Gilead Holdings, LLC, Gilead Sciences, LLC, Gilead Sciences Ireland UC (Ostrander, Jeremy) (Filed on 3/2/2022) |
| Filing 18 MOTION to Remand filed by Aetna Inc.. Motion Hearing set for 4/7/2022 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 3/16/2022. Replies due by 3/23/2022. (Attachments: #1 Declaration of Daniel A. Sasse in Support of Motion to Remand, #2 Proposed Order, #3 Certificate/Proof of Service)(Sasse, Daniel) (Filed on 3/2/2022) |
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Filing 17
Order by Judge Edward M. Chen DENYING #16 Stipulation on Aetna's Anticipated Motion to Remand and Defendants' Motion to Vacate Aetna's Purported Notice of Voluntary Dismissal. The hearing on Defendants' motion to vacate Aetna's notice of voluntary dismissal (Docket No. 19 in No. C-21-9827 and Docket No. 863 in No. C-19-2573) shall remain on 3/17/2022. If Aetna intends to move to remand in No. C-22-0740, then it should promptly get that motion on file. The Court acknowledges that Defendants have a motion to dismiss on file in No. C-22-0740 (Docket No. 11). Once Aetna files its motion to remand, the Court may need to move the hearing on that motion to dismiss, although it is likely that there will be overlap between that motion to dismiss and the motions to dismiss in the main Staley case (Docket Nos. 889 and 891 in No. C-19-2573). (bxs, COURT STAFF) (Filed on 3/2/2022)
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| Filing 16 STIPULATION WITH PROPOSED ORDER on Aetna's Anticipated Motion to Remand and Defendants' Motion to Vacate Aetna's Purported Notice of Voluntary Dismissal filed by Gilead Holdings, LLC, Gilead Sciences Ireland UC, Gilead Sciences, Inc., Gilead Sciences, LLC. (Burke, Heather) (Filed on 3/2/2022) |
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Filing 15
STIPULATION AND ORDER ON MOTION TO DISMISS BRIEFING SCHEDULE AND HEARING DATE as to (891) MOTION to Dismiss Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, (892) Joinder, (889) MOTION to Dismiss Individual Health Plan Plaintiffs' Claims Pursuant to Rules 12(b) and as to (11 in case 3-22-0740 Motion to Dismiss) . Signed by Judge Edward M. Chen on 2/25/2022. (vla, COURT STAFF) (Filed on 2/25/2022)
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| Set/Reset Deadlines as to (891 in 3:19-cv-02573-EMC) MOTION to Dismiss Pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, (889 in 3:19-cv-02573-EMC) MOTION to Dismiss Individual Health Plan Plaintiffs' Claims Pursuant to Rules 12(b)(1) & 12(b)(6) of the Federal Rules of Civil Procedure, (11 in 3:22-cv-00740-EMC) MOTION to Dismiss Individual Health Plan Plaintiffs' Claims Pursuant to Rules 12(b)(1) & 12(b)(6) of the Federal Rules of Civil Procedure. Responses due by 3/8/2022. Replies due by 3/17/2022. Motion Hearing set for 3/31/2022 01:30 PM in San Francisco, - Videoconference Only before Judge Edward M. Chen. (vla, COURT STAFF) (Filed on 2/25/2022) |
| Filing 14 STIPULATION WITH PROPOSED ORDER re #11 MOTION to Dismiss Individual Health Plan Plaintiffs' Claims Pursuant to Rules 12(b)(1) & 12(b)(6) of the Federal Rules of Civil Procedure - Motion to Dismiss Briefing Schedule and Hearing Date filed by Aetna Inc.. (Sasse, Daniel) (Filed on 2/24/2022) |
| Filing 13 ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 2/24/2022) |
| Filing 12 CLERK'S NOTICE SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE FOR 3/15/2022. Joint Case Management Statement due by 3/8/2022. Initial Case Management Conference set for 3/15/2022 at 09:30 AM by Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/emcGe neral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document as sociated with this entry.)(bxs, COURT STAFF) (Filed on 2/17/2022) |
| Filing 11 MOTION to Dismiss Individual Health Plan Plaintiffs' Claims Pursuant to Rules 12(b)(1) & 12(b)(6) of the Federal Rules of Civil Procedure filed by Gilead Holdings, LLC, Gilead Sciences Ireland UC, Gilead Sciences, Inc., Gilead Sciences, LLC. Motion Hearing set for 3/24/2022 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 3/2/2022. Replies due by 3/9/2022. (Attachments: #1 Proposed Order)(Burke, Heather) (Filed on 2/16/2022) |
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Filing 10
ORDER REASSIGNING CASE. Case reassigned to Judge Edward M. Chen for all further proceedings re #9 Order Relating Cases. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Nathanael M. Cousins no longer assigned to case. Reassignment Order signed by Clerk on 2/16/2022. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 2/16/2022)
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Filing 9
ORDER RELATING CASES: 19-cv-02573-EMC, 22-cv-00740-NC. Signed by Judge Edward M. Chen on 2/16/2022. (bxs, COURT STAFF) (Filed on 2/16/2022)
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| Filing 8 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Aetna Inc... (Sasse, Daniel) (Filed on 2/15/2022) |
| Filing 7 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/27/2022. Initial Case Management Conference set for 5/4/2022 10:00 AM in San Jose, Courtroom 4, 5th Floor. (slh, COURT STAFF) (Filed on 2/4/2022) |
| Filing 6 SUA SPONTE Judicial Referral for Purpose of Determining Relationship of Case 3:19-cv-02573 EMC with 5:22-cv-00740 NC. Signed by Judge Nathanael M. Cousins on 2/4/2022. (lmh, COURT STAFF) (Filed on 2/4/2022) |
| Filing 5 Case assigned to Magistrate Judge Nathanael M. Cousins. 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. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/18/2022. (jlg, COURT STAFF) (Filed on 2/4/2022) |
| Filing 4 Rule 7.1 Disclosures by Gilead Holdings, LLC, Gilead Sciences Ireland UC, Gilead Sciences, Inc., Gilead Sciences, LLC identifying Corporate Parent Gilead Sciences, Inc. for Gilead Holdings, LLC, Gilead Sciences Ireland UC, Gilead Sciences, Inc., Gilead Sciences, LLC. (Burke, Heather) (Filed on 2/3/2022) |
| Filing 3 NOTICE of Appearance by Jeremy Kent Ostrander (Ostrander, Jeremy) (Filed on 2/3/2022) |
| Filing 2 NOTICE of Appearance by Heather Marie Burke (Burke, Heather) (Filed on 2/3/2022) |
| Filing 1 NOTICE OF REMOVAL from San Mateo County Superior Court. Their case number is 22-CIV-00303. (Filing fee $402 receipt number ACANDC-16871321). Filed byGilead Sciences Ireland UC, Gilead Holdings, LLC, Gilead Sciences, Inc., Gilead Sciences, LLC. (Attachments: #1 Declaration of Heather M. Burke, #2 Exhibit A, #3 Exhibit B, #4 Civil Cover Sheet)(Burke, Heather) (Filed on 2/3/2022) |
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