MSP Recovery Claims, Series LLC, et al v. Actelion Pharmaceuticals US, Inc. et al
| MSP Recovery Claims, Series LLC, a Delaware Series Limited Liability Company, MSPA Claims 1, LLC, a Florida Limited Liability Company, MSP Recovery Claims Series 44, LLC, a Delaware Series Limited Liability Company, MSP Recovery Claims PROV, MSP Recovery Claims CAID, Series, LLC, a Delaware series limited liability company, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims CAID, Series, LLC and MSP Recovery Claims PROV, Series LLC |
| Actelion Pharmaceuticals US, Inc., Caring Voice Coalition, Inc., an Idaho non-profit corporation, Adira Foundation, a Virginia non-profit corporation, Caring Voice Coalition, Inc., Adira Foundation, Express Scripts, Inc., Express Scripts Holding Company and Accredo Health Group, Inc. |
| 3:2022cv07604 |
| December 2, 2022 |
| US District Court for the Northern District of California |
| Jacqueline Scott Corley |
| Thomas S Hixson |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
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Filing 88
ORDER RE: MOTION FOR ENLARGEMENT OF TIME AND ADMINISTRATIVE RELIEF. Signed by Judge Jacqueline Scott Corley on 11/9/2023.(ahm, COURT STAFF) (Filed on 11/9/2023)
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| Filing 87 STIPULATION WITH PROPOSED ORDER / Joint Stipulation and [PROPOSED] Order to Hold Hearing by Zoom on Defendant Actelion Pharmaceuticals US, Inc.'s Motion for an Enlargement of Time and Administrative Relief filed by Actelion Pharmaceuticals US, Inc.. (Powers, Matthew) (Filed on 11/8/2023) |
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Filing 86
ORDER by Judge Jacqueline Scott Corley granting #85 Motion for Pro Hac Vice as to Julia MacAllister. (ahm, COURT STAFF) (Filed on 11/8/2023)
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| Filing 85 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18816115.) filed by Actelion Pharmaceuticals US, Inc.. (MacAllister, Julia) (Filed on 11/7/2023) |
| Filing 84 SUMMONS Returned Executed by MSP Recovery Claims Series 44, LLC, MSPA Claims 1, LLC, MSP Recovery Claims PROV, Series LLC, MSP Recovery Claims, Series LLC, MSP Recovery Claims CAID, Series, LLC. Express Scripts Holding Company served on 10/30/2023, answer due 11/20/2023. (Akeel, Shereef) (Filed on 11/6/2023) |
| Filing 83 REPLY (re #72 MOTION for an Enlargement of Time and Administrative Relief and Motion; Memorandum of Points and Authorities in Support Thereof ) filed byActelion Pharmaceuticals US, Inc.. (Powers, Matthew) (Filed on 10/31/2023) |
| Filing 82 OPPOSITION/RESPONSE (re #72 MOTION for an Enlargement of Time and Administrative Relief and Motion; Memorandum of Points and Authorities in Support Thereof ) filed byMSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, Series LLC, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Declaration of Adam Akeel, #2 Proposed Order Denying Defendants Motion)(Akeel, Shereef) (Filed on 10/26/2023) |
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Filing 81
ORDER by Judge Jacqueline Scott Corley granting #78 Motion for Pro Hac Vice as to Eric Sitarchuk. (ahm, COURT STAFF) (Filed on 10/18/2023)
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Filing 80
ORDER by Judge Jacqueline Scott Corley granting #77 Motion for Pro Hac Vice as to Elise Attridge. (ahm, COURT STAFF) (Filed on 10/18/2023)
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Filing 79
ORDER by Judge Jacqueline Scott Corley granting #76 Motion for Pro Hac Vice as to Ryan McCarthy. (ahm, COURT STAFF) (Filed on 10/18/2023)
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| Filing 78 MOTION for leave to appear in Pro Hac Vice Eric Sitarchuk ( Filing fee $ 317, receipt number ACANDC-18749406.) filed by Accredo Health Group, Inc., Express Scripts Holding Company, Express Scripts, Inc.. (Sitarchuk, Eric) (Filed on 10/18/2023) |
| Filing 77 MOTION for leave to appear in Pro Hac Vice Elise Attridge ( Filing fee $ 317, receipt number ACANDC-18749298.) filed by Accredo Health Group, Inc., Express Scripts Holding Company, Express Scripts, Inc.. (Attridge, Elise) (Filed on 10/18/2023) |
| Filing 76 MOTION for leave to appear in Pro Hac Vice Ryan McCarthy ( Filing fee $ 317, receipt number ACANDC-18749099.) filed by Accredo Health Group, Inc., Express Scripts Holding Company, Express Scripts, Inc.. (McCarthy, Ryan) (Filed on 10/18/2023) |
| Filing 75 NOTICE of Appearance by Megan Akemi Suehiro (Suehiro, Megan) (Filed on 10/16/2023) |
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Filing 74
ORDER by Judge Jacqueline Scott Corley granting #73 Stipulation to Extend Time to File Motion to Dismiss the Second Amended Complaint. (ahm, COURT STAFF) (Filed on 10/16/2023)
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| Filing 73 STIPULATION WITH PROPOSED ORDER to Extend Time to File Motion to Dismiss the Second Amended Complaint. filed by Actelion Pharmaceuticals US, Inc.. (Powers, Matthew) (Filed on 10/12/2023) |
| Filing 72 MOTION for an Enlargement of Time and Administrative Relief and Motion; Memorandum of Points and Authorities in Support Thereof filed by Actelion Pharmaceuticals US, Inc.. Motion Hearing set for 11/16/2023 10:00 AM in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Responses due by 10/26/2023. Replies due by 11/2/2023. (Attachments: #1 Declaration of Jonah Knobler in Support Of Actelion Pharmaceuticals Us, Inc.s Motion For Enlargement Of Time And Administrative Relief, #2 Exhibit # 1, #3 Exhibit # 2, #4 Proposed Order Granting Actelion Pharmaceuticals Us, Inc.'s Motion for Enlargement of Time and Administrative Relief)(Powers, Matthew) (Filed on 10/12/2023) |
| Filing 71 SUMMONS Returned Executed by MSP Recovery Claims PROV, Series LLC, MSP Recovery Claims CAID, Series, LLC. Accredo Health Group, Inc. served on 10/4/2023, answer due 10/25/2023. (Akeel, Shereef) (Filed on 10/5/2023) |
| Filing 70 Summons Issued as to Accredo Health Group, Inc., Actelion Pharmaceuticals US, Inc., Adira Foundation, Caring Voice Coalition, Inc., Express Scripts Holding Company, Express Scripts, Inc.. (cv, COURT STAFF) (Filed on 10/2/2023) |
| Filing 69 Proposed Summons. (Akeel, Shereef) (Filed on 10/2/2023) |
| Filing 68 EXHIBITS re #67 Amended Complaint,,,,,,,,,, 55 & 56 to the Amended Complaint filed byMSP Recovery Claims PROV, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit 55 - MSP Recovery Claims, Series LLC Operating Agreements, #2 Exhibit 56 - MSP Recovery Claims PROV, Series LLC Operating Agreements)(Related document(s) #67 ) (Akeel, Adam) (Filed on 9/28/2023) |
| Filing 67 AMENDED COMPLAINT against All Defendants. Filed byMSPA Claims 1, LLC, MSP Recovery Claims PROV, MSP Recovery Claims, Series LLC. (Attachments: #1 Civil Cover Sheet Index of Exhibits, #2 Exhibit Actelion Settlement Agreement, #3 Exhibit DOJ Settlement Press Release, #4 Exhibit Actelion 1999 Financial Reports, #5 Exhibit Actelion 2000 Financial Reports, #6 Exhibit Actelion 2001 Financial Reports, #7 Exhibit Actelion 2002 Financial Reports, #8 Exhibit Actelion 2003 Financial Reports, #9 Exhibit Actelion 2004 Financial Reports, #10 Exhibit Actelion 2005 Financial Reports, #11 Exhibit Actelion 2006 Financial Reports, #12 Exhibit Actelion 2007 Financial Reports, #13 Exhibit Actelion 2008 Financial Reports, #14 Exhibit Actelion 2009 Financial Reports, #15 Exhibit Actelion 2010 Financial Reports, #16 Exhibit Actelion 2011 Financial Reports, #17 Exhibit Actelion 2012 Financial Reports, #18 Exhibit Actelion 2013 Financial Reports, #19 Exhibit Actelion 2014 Financial Reports, #20 Exhibit Actelion 2015 Financial Reports, #21 Exhibit Actelion 2016 Financial Reports, #22 Exhibit Actelion 2017 Financial Reports, #23 Exhibit CVC Business Records, #24 Exhibit 2009 Tracleer REMS Submission, #25 Exhibit 2010 Tracleer REMS Modification, #26 Exhibit Giving a Buck or Making a Buck, #27 Exhibit 2014 OIG Specialty Advisory Bulletin, #28 Exhibit Evidence of Coverage, #29 Exhibit CMS Beneficiary Coverage Memo, #30 Exhibit OIG Advisory Opinion 10-22, #31 Exhibit 2021 Congressional Drug Price Report, #32 Exhibit OIG 2005 Special Advisory Bulletin, #33 Exhibit OIG Advisory Opinion No. 22-19, #34 Exhibit DHHS and DOJ 2019 Annual Report, #35 Exhibit Tracleer Enrollment and Renewal Forms, #36 Exhibit CVCs Form 990 Filings, #37 Exhibit CVC 2006 Certifications to OIG, #38 Exhibit 2006 Advisory Opinion 06-04, #39 Exhibit OIG, Adv. Op. 06-04 (Dec. 23, 2015), #40 Exhibit CVC Compliance Program Summary, #41 Exhibit CVC Code of Conduct, #42 Exhibit IPAP Code of Ethics, #43 Exhibit 2017 CVC Recission Letter, #44 Exhibit CVC December 2018 Announcement, #45 Exhibit Adira Business Records, #46 Exhibit Johnson & Johnson 2017 Annual Report, #47 Exhibit Johnson & Johnson 2018 Annual Report, #48 Exhibit Johnson & Johnson 2019 Annual Report, #49 Exhibit Johnson & Johnson 2020 Annual Report, #50 Exhibit Johnson & Johnson 2021 Annual Report, #51 Exhibit CVC Articles of Dissolution, #52 Exhibit Adira Form 990s, #53 Exhibit Cloak of Social Responsibility, #54 Exhibit CVC & Adira Business Records, #55 Exhibit Table of Exemplars)(Akeel, Adam) (Filed on 9/28/2023) |
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Filing 66
ORDER by Judge Jacqueline Scott Corley granting in part #43 Motion to Dismiss; denying as moot #63 Motion for Leave to File a Supplemental Request for Judicial Notice. Amended complaint is due by September 28, 2023. (ahm, COURT STAFF) (Filed on 9/5/2023)
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Filing 65
ORDER by Judge Jacqueline Scott Corley granting #64 Motion for Pro Hac Vice as to Janpaul Portal. (ahm, COURT STAFF) (Filed on 8/29/2023)
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| Filing 64 MOTION for leave to appear in Pro Hac Vice of Janpaul Portal ( Filing fee $ 317, receipt number ACANDC-18591368.) filed by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Portal, Janpaul) (Filed on 8/28/2023) |
| Set/Reset Deadlines as to #63 MOTION for Leave to File / Notice of Motion for Leave to File Supplementary Request for Judicial Notice in Support of Motion to Dismiss Amended Complaint. Motion Hearing set for 10/5/2023 at 10:00 a.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. (ahm, COURT STAFF) (Filed on 8/28/2023) |
| Filing 63 MOTION for Leave to File / Notice of Motion for Leave to File Supplementary Request for Judicial Notice in Support of Motion to Dismiss Amended Complaint filed by Actelion Pharmaceuticals US, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 29, #4 Exhibit 30, #5 Exhibit 31, #6 Proposed Order)(Powers, Matthew) (Filed on 8/25/2023) |
| Filing 62 TRANSCRIPT ORDER for proceedings held on 8/3/2023 before Judge Jacqueline Scott Corley by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, for Court Reporter Ruth Ekhaus. (Akeel, Adam) (Filed on 8/14/2023) |
| Filing 61 Transcript of Proceedings held on 08/03/2023, before Judge Jacqueline Scott Corley. Court Reporter Ruth Levine Ekhaus, RMR, RDR, FCRR, CSR No. 12219, telephone number (415)336-5223/ruth_ekhaus@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 #60 Transcript Order, #59 Transcript Order ) Release of Transcript Restriction set for 11/9/2023. (Related documents(s) #60 , #59 ) (rre, COURT STAFF) (Filed on 8/11/2023) |
| Filing 60 TRANSCRIPT ORDER for proceedings held on 8/3/2023, before Judge Jacqueline Scott Corley for Court Reporter Ruth Ekhaus, ordered by Mollie Benedict. (knm, COURT STAFF) (Filed on 8/11/2023) |
| Filing 59 TRANSCRIPT ORDER for proceedings held on August 3, 2023 before Judge Jacqueline Scott Corley by Actelion Pharmaceuticals US, Inc., for Court Reporter Ruth Ekhaus. (Powers, Matthew) (Filed on 8/3/2023) |
| Filing 58 Minute Entry for proceedings held before Judge Jacqueline Scott Corley: Motion Hearing held on 8/3/2023 re #43 Defendant Actelion Pharmaceuticals US, Inc.'s Motion to Dismiss. The motion was argued, submitted, and taken under submission. (Court Reporter: Ruth Ekhaus)(Time 00:34)Attorneys for Plaintiffs: Sam Simkins/John ClearlyAttorneys for Defendants: Jonah Knobler/William Cavanaugh (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Date Filed: 8/3/2023) |
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Filing 57
ORDER by Judge Jacqueline Scott Corley granting #56 Motion for Pro Hac Vice as to John W. Cleary. (ahm, COURT STAFF) (Filed on 8/3/2023)
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| Filing 56 MOTION for Leave to Appear Pro Hac Vice of John W. Cleary, MOTION for leave to appear in Pro Hac Vice John W. Cleary ( Filing fee $ 317, receipt number ACANDC-18510026.) filed by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Exhibit Certificate of Good Standing)(Cleary, John) (Filed on 8/3/2023) Modified on 8/3/2023 (ahm, COURT STAFF). |
| Filing 55 CLERK'S NOTICE CONTINUING MOTION HEARING. Please take notice the hearing on Defendant Actelion Pharmaceuticals Us, Inc.'s Motion to Dismiss #43 set for 7/6/2023 is continued to 8/3/2023 at 10:00 a.m. in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 6/29/2023) |
| Filing 54 RESPONSE re #44 Request for Judicial Notice, / REPLY IN SUPPORT OF ACTELION PHARMACEUTICALS US, INC.S REQUEST FOR JUDICIAL NOTICE by Actelion Pharmaceuticals US, Inc.. (Powers, Matthew) (Filed on 6/27/2023) |
| Filing 53 Declaration of Jonah Knobler in Support of #43 MOTION to Dismiss / Defendant Actelion Pharmaceuticals Us, Inc.'s Notice of Motion to Dismiss and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof / REPLY DECLARATION OF JONAH KNOBLER IN SUPPORT OF ACTELION PHARMACEUTICALS US, INC.'S MOTION TO DISMISS filed byActelion Pharmaceuticals US, Inc.. (Attachments: #1 Exhibit # 1)(Related document(s) #43 ) (Powers, Matthew) (Filed on 6/27/2023) |
| Filing 52 REPLY (re #43 MOTION to Dismiss / Defendant Actelion Pharmaceuticals Us, Inc.'s Notice of Motion to Dismiss and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof ) / DEFENDANT ACTELION PHARMACEUTICALS US, INC.S REPLY IN SUPPORT OF ITS MOTION TO DISMISS filed byActelion Pharmaceuticals US, Inc.. (Powers, Matthew) (Filed on 6/27/2023) |
| Filing 51 OPPOSITION/RESPONSE (re #43 MOTION to Dismiss / Defendant Actelion Pharmaceuticals Us, Inc.'s Notice of Motion to Dismiss and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof ) filed byMSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Akeel, Shereef) (Filed on 6/6/2023) |
| Filing 50 Response re #44 Request for Judicial Notice, byMSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Akeel, Shereef) (Filed on 6/6/2023) |
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Filing 49
ORDER by Judge Jacqueline Scott Corley granting #48 Stipulation to Extend Briefing Schedule of Defendant's Motion to Dismiss and Motion for Judicial Notice. (ahm, COURT STAFF) (Filed on 6/5/2023)
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| Set/Reset Deadlines as to #43 MOTION to Dismiss / Defendant Actelion Pharmaceuticals Us, Inc.'s Notice of Motion to Dismiss and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof. Responses due by 6/6/2023. Replies due by 6/27/2023. (ahm, COURT STAFF) (Filed on 6/5/2023) |
| Filing 48 STIPULATION WITH PROPOSED ORDER re #43 MOTION to Dismiss / Defendant Actelion Pharmaceuticals Us, Inc.'s Notice of Motion to Dismiss and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof, #44 Request for Judicial Notice, Joint Stipulation to Extend Briefing Schedule of Defendants Motion to Dismiss and Motion for Judicial Notice filed by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Akeel, Shereef) (Filed on 6/2/2023) |
| Filing 47 Clerk's Notice ENTRY OF DEFAULT as to defendants Caring Voice Coalition, Inc and Adira Foundation. (Related documents(s) #46 )(cv, COURT STAFF) (Filed on 5/10/2023) |
| Filing 46 MOTION for Entry of Default Against Caring Voice Coalition and for Alternative Service of their Amended Complaint on Adira Foundation filed by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Appendix, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Akeel, Shereef) (Filed on 5/10/2023) |
| Set/Reset Deadlines as to #43 MOTION to Dismiss / Defendant Actelion Pharmaceuticals Us, Inc.'s Notice of Motion to Dismiss and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof. Responses/Opposition due by 6/2/2023. Replies due by 6/23/2023.See Order #40 (klh, COURT STAFF) (Filed on 4/11/2023) |
| Filing 45 Declaration of Jonah Knobler in Support of #44 Request for Judicial Notice, filed byActelion Pharmaceuticals US, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28)(Related document(s) #44 ) (Powers, Matthew) (Filed on 4/7/2023) |
| Filing 44 Request for Judicial Notice re #43 MOTION to Dismiss / Defendant Actelion Pharmaceuticals Us, Inc.'s Notice of Motion to Dismiss and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof filed byActelion Pharmaceuticals US, Inc.. (Attachments: #1 Proposed Order)(Related document(s) #43 ) (Powers, Matthew) (Filed on 4/7/2023) |
| Filing 43 MOTION to Dismiss / Defendant Actelion Pharmaceuticals Us, Inc.'s Notice of Motion to Dismiss and Motion to Dismiss; Memorandum of Points and Authorities in Support Thereof filed by Actelion Pharmaceuticals US, Inc.. Motion Hearing set for 7/6/2023 10:00 AM in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Responses due by 4/21/2023. Replies due by 4/28/2023. (Attachments: #1 Appendix A, #2 Appendix B, #3 Proposed Order)(Powers, Matthew) (Filed on 4/7/2023) |
| Filing 42 AFFIDAVIT of Service for Amended Class Action Complaint served on Caring Voice Coalition on 2/28/2023, filed by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Akeel, Shereef) (Filed on 3/23/2023) |
| Filing 41 CLERK'S NOTICE VACATING INITIAL CASE MANAGEMENT CONFERENCE. In light of the motion to dismiss briefing schedule, the initial case management conference set for June 1, 2023 is hereby vacated. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 3/13/2023) |
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Filing 40
ORDER by Judge Jacqueline Scott Corley granting as modified #39 Stipulation on Motion to Dismiss Briefing Schedule and Page Limits. (ahm, COURT STAFF) (Filed on 3/13/2023)
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| Filing 39 STIPULATION WITH PROPOSED ORDER re #38 Amended Complaint,,,,,,,,,,, filed by Actelion Pharmaceuticals US, Inc.. (Cavanaugh, William) (Filed on 3/13/2023) |
| Filing 38 AMENDED COMPLAINT against Actelion Pharmaceuticals US, Inc., Adira Foundation, Caring Voice Coalition, Inc.. Filed byMSP Recovery Claims Series 44, LLC, MSPA Claims 1, LLC, MSP Recovery Claims PROV, MSP Recovery Claims, Series LLC, MSP Recovery Claims CAID, Series, LLC. (Attachments: #1 Exhibit Index, #2 Exhibit 1 - Actelion Settlement Agreement, #3 Exhibit 2 - DOJ Press Release Regarding Actelion Settlement, #4 Exhibit 3 - Actelion 1999 Financial Reports, #5 Exhibit 4 - Actelion 2000 Financial Reports, #6 Exhibit 5 - Actelion 2001 Financial Reports, #7 Exhibit 6 - Actelion 2002 Financial Reports, #8 Exhibit 7 - Actelion 2003 Financial Reports, #9 Exhibit 8 - Actelion 2004 Financial Reports, #10 Exhibit 9 - Actelion 2005 Financial Reports, #11 Exhibit 10 - Actelion 2006 Financial Reports, #12 Exhibit 11 - Actelion 2007 Financial Reports, #13 Exhibit 12 - Actelion 2008 Financial Reports, #14 Exhibit 13 - Actelion 2009 Financial Reports, #15 Exhibit 14 - Actelion 2010 Financial Reports, #16 Exhibit 15 - Actelion 2011 Financial Reports, #17 Exhibit 16 - Actelion 2012 Financial Reports, #18 Exhibit 17 - Actelion 2013 Financial Reports, #19 Exhibit 18 - Actelion 2014 Financial Reports, #20 Exhibit 19 - Actelion 2015 Financial Reports, #21 Exhibit 20 - Actelion 2016 Financial Reports, #22 Exhibit 21 - Actelion 2017 Financial Reports, #23 Exhibit 22 - CVC & Adira Business Records, #24 Exhibit 23 - Adira Public Information, #25 Exhibit 24 - 2014 OIG Special Advisory Bulletin, #26 Exhibit 25 - 2005 OIG Special Advisory Bulletin, #27 Exhibit 26 - CVC 990 2011 through 2020, #28 Exhibit 27 - 2006 OIG Advisory Opinions to CVC, #29 Exhibit 28 - 2015 CVC Modified Advisory Opinion, #30 Exhibit 29 - Summary of CVC Compliance Program, #31 Exhibit 30 - CVC Code of Conduct, #32 Exhibit 31 - IPAP Code of Ethics, #33 Exhibit 32 - 2017 CVC Recission Letter, #34 Exhibit 33 - CVC December 2018 Announcement, #35 Exhibit 34 - Johnson and Johnson 2017 10-K, #36 Exhibit 35 - Johnson and Johnson 2018 10-K, #37 Exhibit 36 - Johnson and Johnson 2019 10-K, #38 Exhibit 37 - Johnson and Johnson 2020 10-K, #39 Exhibit 38 - Johnson and Johnson 2021 10-K, #40 Exhibit 39 - Enrollee Claims, #41 Exhibit 40 - DHHS and DOJ 2019 Annual Report, #42 Exhibit 41 - The Cloak of Social Responsibility: Pharmaceutical Corporate Charity, #43 Exhibit 42 - Giving a Buck or Making a Buck?, #44 Exhibit 43 - Tracleer Enrollment and Renewal Forms, #45 Exhibit 44 - Tracleer REMS Submission, #46 Exhibit 45 - Tracleer REMS Modification, #47 Exhibit 46 - Assignment Agreements, #48 Exhibit 47 - CVC 2006 Certifications to OIG)(Akeel, Shereef) (Filed on 2/24/2023) |
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Filing 37
ORDER granting #36 Stipulation to Reset Schedule for Rule 26(f) Meet and Confer and ADR Process Selection and to Reset Time to File Motion to Dismiss and Set Briefing Schedule. Signed by Judge Jacqueline Scott Corley on 2/13/2023. (ahm, COURT STAFF) (Filed on 2/13/2023)
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| Filing 36 Proposed Order (STIP ORDER) to Reset Schedule for Rule 26(f) Meet and Confer and ADR Process Selection and to Reset Time to File Motion to Dismiss and Set Briefing Schedule by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Akeel, Shereef) (Filed on 2/9/2023) |
| Filing 35 Declaration in Support of #34 Request for Judicial Notice, filed byActelion Pharmaceuticals US, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23)(Related document(s) #34 ) (Powers, Matthew) (Filed on 2/3/2023) |
| Filing 34 Request for Judicial Notice re #33 MOTION to Dismiss ; Memorandum of Points and Authorities in Support thereof filed byActelion Pharmaceuticals US, Inc.. (Attachments: #1 Proposed Order)(Related document(s) #33 ) (Powers, Matthew) (Filed on 2/3/2023) |
| Filing 33 MOTION to Dismiss ; Memorandum of Points and Authorities in Support thereof filed by Actelion Pharmaceuticals US, Inc.. Motion Hearing set for 4/27/2023 10:00 AM in San Francisco, Courtroom 08, 19th Floor before Judge Jacqueline Scott Corley. Responses due by 2/17/2023. Replies due by 2/24/2023. (Attachments: #1 Proposed Order)(Powers, Matthew) (Filed on 2/3/2023) |
| Filing 32 Certificate of Interested Entities by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC identifying Corporate Parent MSP Recovery Claims, Series LLC for MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Akeel, Shereef) (Filed on 1/25/2023) |
| Filing 31 CLERK'S NOTICE RESCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference is reset for 6/1/2023 at 1:30 p.m. before Judge Jacqueline Scott Corley by a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/jsc Court Appearances: Advanced notice is required of counsel or parties w ho wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names must be sent to the CRD at jsccrd@cand.uscourts.gov no later than noon on 5/31/2023.General 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/. (ahm, COURT STAFF) (Filed on 1/19/2023) |
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Filing 30
ORDER by Judge Jacqueline Scott Corley granting #10 Motion for Extension of Time to File o Extend Time to File Motion to Dismiss, Set Briefing Schedule, and Extend Brief Page Limitations. The hearing on the Motion to Dismiss will be on April 27, 2023 at 10:00 a.m. in Courtroom 8 - 19th Floor in San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ahm, COURT STAFF) (Filed on 1/19/2023)
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Filing 29
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Jacqueline Scott Corley for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by Clerk on 01/18/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(mbc, COURT STAFF) (Filed on 1/18/2023)
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| Filing 28 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. 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. (rmm2, COURT STAFF) (Filed on 1/18/2023) |
| Filing 27 Certificate of Interested Entities by Actelion Pharmaceuticals US, Inc. identifying Corporate Parent Johnson & Johnson, Corporate Parent Janssen Biotech, Inc. for Actelion Pharmaceuticals US, Inc.. (Powers, Matthew) (Filed on 1/18/2023) |
| Filing 26 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Actelion Pharmaceuticals US, Inc... (Powers, Matthew) (Filed on 1/18/2023) |
| Filing 25 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC.. (Pendergrass, Hayden) (Filed on 1/18/2023) |
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Filing 24
ORDER by Magistrate Judge Thomas S. Hixson granting #19 Motion for Pro Hac Vice. (rmm2, COURT STAFF) (Filed on 1/15/2023)
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Filing 23
ORDER by Magistrate Judge Thomas S. Hixson granting #16 Motion for Pro Hac Vice. (rmm2, COURT STAFF) (Filed on 1/15/2023)
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Filing 22
ORDER by Magistrate Judge Thomas S. Hixson granting #14 Motion for Pro Hac Vice. (rmm2, COURT STAFF) (Filed on 1/15/2023)
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Filing 21
ORDER by Magistrate Judge Thomas S. Hixson granting #13 Motion for Pro Hac Vice. (rmm2, COURT STAFF) (Filed on 1/15/2023)
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Filing 20
ORDER by Magistrate Judge Thomas S. Hixson granting #12 Motion for Pro Hac Vice. (rmm2, COURT STAFF) (Filed on 1/15/2023)
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| Filing 19 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17893849.) filed by Actelion Pharmaceuticals US, Inc.. (Knobler, Jonah) (Filed on 1/12/2023) |
| Filing 18 CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge by 1/18/2023. 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. (Party/parties were also notified via telephone or email.) (This is a text-on ly entry generated by the court. There is no document associated with this entry.) (tshlc1, COURT STAFF) (Filed on 1/11/2023) |
| Filing 17 NOTICE of Appearance by William Francis Cavanaugh (Cavanaugh, William) (Filed on 1/10/2023) |
| Filing 16 MOTION for leave to appear in Pro Hac Vice Shereef H. Akeel ( Filing fee $ 317, receipt number ACANDC-17880625.) filed by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Akeel, Shereef) (Filed on 1/9/2023) |
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Filing 15
ORDER by Magistrate Judge Thomas S. Hixson granting #11 Motion for Pro Hac Vice. (rmm2, COURT STAFF) (Filed on 1/5/2023)
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| Filing 14 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17872943.) filed by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Pendergrass, Hayden) (Filed on 1/5/2023) |
| Filing 13 MOTION for leave to appear in Pro Hac Vice Daniel Cermak ( Filing fee $ 317, receipt number BCANDC-17872924.) filed by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Cermak, Daniel) (Filed on 1/5/2023) |
| Filing 12 MOTION for leave to appear in Pro Hac Vice Sam Simkins ( Filing fee $ 317, receipt number ACANDC-17872893.) filed by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Simkins, Samuel) (Filed on 1/5/2023) |
| Filing 11 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-17872495.) filed by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Akeel, Adam) (Filed on 1/5/2023) |
| Filing 10 Joint MOTION for Extension of Time to File /Joint Stipulation to Extend Time to File Motion to Dismiss, Set Briefing Schedule, and Extend Brief Page Limitations; Proposed Order filed by Actelion Pharmaceuticals US, Inc.. (Powers, Matthew) (Filed on 1/3/2023) |
| Filing 9 NOTICE of Appearance by Matthew David Powers (Powers, Matthew) (Filed on 1/3/2023) |
| Filing 8 CERTIFICATE OF SERVICE by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC re #5 Summons Issued (Straus, Alex) (Filed on 12/28/2022) |
| Filing 7 AFFIDAVIT of Service for Summons in a Civil Action, Order Setting Initial Case Management Conference and ADR Deadlines, Class Action Complaint and Demand for Jury Trial, Flash Drive Containing Exhibits to Complaint served on Nicole Fruh of National Registered Agents, Inc., Registered Agent for Caring Voice Coalition, Inc., a person authorized to accept service on behalf of Caring Voice Coalition, Inc. on 12/8/2022, filed by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Straus, Alex) (Filed on 12/28/2022) |
| Filing 6 AFFIDAVIT of Service for Summons in a Civil Action, Complaint, and Flash Drive Containing Exhibits to the Complaint served on Actelion Pharmaceuticals US INC A Delaware Corporation c/o Registered Agent CT Corporation System on 12/13/2022, filed by MSP Recovery Claims CAID, Series, LLC, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Straus, Alex) (Filed on 12/28/2022) |
| Filing 5 Summons Issued as to Actelion Pharmaceuticals US, Inc., Adira Foundation, a Virginia non-profit corporation, Caring Voice Coalition, Inc., an Idaho non-profit corporation. (dhm, COURT STAFF) (Filed on 12/5/2022) |
| Filing 4 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/23/2023. Initial Case Management Conference set for 3/2/2023 10:00 AM in San Francisco, Courtroom G, 15th Floor. (dhm, COURT STAFF) (Filed on 12/5/2022) |
| Filing 3 Case assigned to Magistrate Judge Thomas S. Hixson. 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 12/16/2022. (bw, COURT STAFF) (Filed on 12/2/2022) |
| Filing 2 Proposed Summons. (Attachments: #1 Summons Adira, #2 Summons Actelion)(Straus, Alex) (Filed on 12/2/2022) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402, receipt number ACANDC-17780585.). Filed byMSP Recovery Claims, Series LLC, a Delaware Series Limited Liability Company, MSP Recovery Claims PROV, MSP Recovery Claims Series 44, LLC, a Delaware Series Limited Liability Company, MSPA Claims 1, LLC, a Florida Limited Liability Company, MSP Recovery Claims CAID, Series, LLC, a Delaware series limited liability company. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Appendix Appendix of Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10, #13 Exhibit 11, #14 Exhibit 12, #15 Exhibit 13, #16 Exhibit 14, #17 Exhibit 15, #18 Exhibit 16, #19 Exhibit 17, #20 Exhibit 18, #21 Exhibit 19, #22 Exhibit 20, #23 Exhibit 21, #24 Exhibit 22, #25 Exhibit 23, #26 Exhibit 24, #27 Exhibit 25, #28 Exhibit 26, #29 Exhibit 27, #30 Exhibit 28, #31 Exhibit 29, #32 Exhibit 30, #33 Exhibit 31, #34 Exhibit 32, #35 Exhibit 33, #36 Exhibit 34, #37 Exhibit 35, #38 Exhibit 36, #39 Exhibit 37, #40 Exhibit 38, #41 Exhibit 39, #42 Exhibit 40)(Straus, Alex) (Filed on 12/2/2022) |
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