Young, et al v. Bristol Myers Squibb Bristol-M, et al
| SHIRLEY GELLER, UNITED FOOD & COMMERCIAL WORKERS UNIONS AND EMPLOYERS MIDWEST HEALTH BENEFITS FUND, ACTION ALLIANCE OF SENIOR CITIZENS OF GREATER PHILADELPHIA, TWIN CITIES BAKERY WORKERS HEALTH AND WELFARE FUND, CARPENTERS & MILLWRIGHTS OF HOUSTON AND VICINITY WELFARE TRUST FUND, BOARD OF TRUSTEES, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, Carpenters & Millwrights of Houston and Vicinity Welfare Trust Fund, Board of Trustees, Individually, LEROY TOWNSEND, Individually and on behalf of other similarly situated, RONALD E. TURNER, ROCKLAND COUNTY, COUNTY OF WESTCHESTER, INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 68 WELFARE FUND, ONONDAGA COUNTY, NASSAU COUNTY, NEW YORK, NY, JOHN V. DIGEL, ROBERTA S. STARKS, KIMBERLY K. HOOVER, NATIONAL AUTOMATIC SPRINKLER INDUSTRY WELFARE FUND, CITIZENS FOR CONSUMER JUSTICE, COLORADO PROGRESSIVE COALITION, FLORIDA ALLIANCE FOR RETIRED AMERICANS, HEALTH CARE FOR ALL, MASSACHUSETTS SENIOR ACTION COUNCIL, CONGRESS OF CALIFORNIA SENIORS, MASSPIRG, MINNESOTA SENIOR FEDERATION, NEW JERSEY CITIZEN ACTION, NEW YORK STATE WIDE SENIOR ACTION COUNCIL, PENNSYLVANIA ALLIANCE FOR RETIRED AMERICANS, VERMONT PUBLIC INTEREST RESEARCH GROUP, WEST VIRGINIA CITIZEN ACTION, WISCONSIN CITIZEN ACTION, CITIZEN ACTION OF NEW YORK, CONNECTICUT CITIZEN ACTION GROUP, GRAY PANTHERS OF SACRAMENTO, HEALTH ACTION OF NEW MEXICO, MAINE CONSUMERS FOR AFFORDABLE HEALTH CARE, NORTH CAROLINA FAIR SHARE, OREGON HEALTH ACTION CAMPAIGN, OREGON STATE PUBLIC INTEREST RESEARCH GROUP, UNITED SENIOR ACTION OF INDIANA, INC., BETTY SICHER, JOAN S. LEE, JOHN BENNETT, PEARL MUNIC, SUE MILES, JACK DOUGLAS, PLAINTIFFS' STEERING COMMITTEE, STATE OF MT, STATE OF NV, RICE & THOMPSON, JOHN B. RICE, CONSTANCE THOMPSON, STATE OF CALIFORNIA, SUFFOLK COUNTY (NY), VEN-A-CARE OF THE FLORIDA KEYS, INC., STATE OF NEW YORK, STATE OF CT, ROBERT J. SWANSTON, CITY OF NEW YORK AND CAPTIONED NEW YORK COUNTIES, COUNTY OF CHENANGO, GOVERNMENT EMPLOYEES HOSPITAL ASSOCIATION, Individually and on behalf of all others similarly situated, COUNTY OF COLUMBIA, THE, ESSEX COUNTY, COUNTY OF CORTLAND, COUNTY OF LEWIS, COUNTY OF DUTCHESS, COUNTY OF SENECA, COUNTY OF ORLEANS, COUNTY OF ONTARIO, COUNTY OF SCHUYLER, COMMONWEALTH OF KENTUCKY, COUNTY OF ROCKLAND, COUNTY OF ONONDAGA, COUNTY OF NASSAU, STATE OF FLORIDA, ZACHARY T. BENTLEY, T. MARK JONES, STATE OF ARIZONA, ABBOTT LABORATORIES, UNITED STATES, COUNTY OF ULSTER, STATE OF SOUTH CAROLINA, HENRY D. MCMASTER, in his official capacity as Attorney General for the State of South Carolina, COUNTY OF WYOMING, STATE OF MISSISSIPPI, EDWARD WEST, COMMONWEALTH OF PENNSYLVANIA, by Thomas W. Borbett, Jr. in his capacity as Attorney General of the Commonwealth of Pennsylvania, COUNTY OF SCHENECTADY, COUNTY OF OSWEGO, COUNTY OF ERIE, STATE OF OH, STATE OF IDAHO, COUNTY OF ORANGE, STATE OF IOWA, CITY OF NEW YORK AND CAPTIONED NEW YORK COUNTIES, THE, SUSAN AARONSON, COUNTY OF CHAUTAUQUA, PIPEFITTERS LOCAL 537 TRUST FUNDS, PEOPLE OF THE STATE OF ILLINOIS, HAROLD BEAN, DONALD E. HAVILAND, JR., DEMRA JORDAN, M. JOYCE HOWE, DAVID AARONSON, HAROLD L. CARTER, ROGER CLARK, ETHEL WALTERS, PHARAMACEUTICAL IND, Pharamaceutical Industry Average Wholesale Price Litigation, BAXTER HEALTHCARE CORPORATION, BAXTER PHARMACEUTICAL., GLAXOSMITHKLINE, FUJISAWA PHARMACEUTICAL, FUJISAWA USA, INC., MONSANTO COMPANY, AVENTIS S.A., AVENTIS BEHRING LLC, AVENTIS PHARMACEUTICALS INC., HOECHST MARION ROUSSEL, INC., TEAMSTERS HEALTH & WELFARE FUND OF PHILADELPHIA AND VICINITY, HOWARD A. SMITHLINE, TAP HOLDINGS, INC., DOES 1-100, ASTRAZENECA PHARMACEUTICALS PLC, ALLERGAN, INC., BOEHRINGER INGELHEIM CORP., BEN VENUE LABORATORIES INC., BEDFORD LABORATORIES, ROXANE LABORATORIES, INC., HOFFMAN-LA ROCHE, INC., ZENECA, INC., APOTHECON, INC., BIOVAIL PHARMACEUTICALS, INC., EISAI, INC., UCB PHARMA, ALCON LABORATORIES, INC., NOVO NORDISK INC., ORGANON USA, TAKEDA PHARMACEUTICAL COMPANY LIMITED, STANLEY C. HOPKINS, SERONO INTERNATIONAL, S.A., SERONO, INC., SERONO LABORATORIES, INC., RJL SYSTEMS, INC., RUDOLPH J. LIEDTKE, BARR PHARMACEUTICALS, INC., NOVAPHARM LTD., SCHEIN PHARMACEUTICAL, INC., AMGEN, INC, B. BRAUN MEDICAL INC., BAXTER INTERNATIONAL, INC., BAYER CORPORATION, ORTHO BIOTECH PRODUCTS, LP, PFIZER, INC., ASTRAZENECA US, BOEHRINGER INGELHEIM PHARMACEUTICALS, INC., BIOGEN IDEC U.S., DEY, INC., GENSIA INC., GENSIA SICOR PHARMACEUTICALS, INC., GLAXOWELLCOME, INC., IMMUNEX CORPORATION, JANSSEN PHARMACEUTICALS PRODUCTS, L.P., MCNEIL-PPC, INC., MERCK & COMPANY, INCORPORATED, ONCOLOGY THERAPEUTICS NETWORK CORP., PHARMACIA CORPORATION, PHARMACIA & UPJOHN, INC., RHONE-POULENC, INC., Rhone-Poulenc Rorer, S.A, ROXANNE LABORATORIES, INC., SICOR, INC., SMITHKLINE BEECHAM CORPORATION, TAP PHARMACEUTICAL PRODUCTS, INC., WATSON PHARMACEUTICALS, INC., DOES 101-125, DOES 126-150, DOES 151-200, a, HOSPIRA, INC., Hospira, Inc., GLAXO WELLCOME PLC, AGOURAN PHARMACEUTICALS, INC., ALPHARMA, INC., ALZA CORPORATION, ALPHA THERAPEUTICS CORPORATION, CHIRON CORPORATION, DERMIK LABORATORIES, INC., DEY L.P., ELI LILLY AND COMPANY, EMD, INC., ENDO PHARMACEUTICALS HOLDINGS INC., ETHEX CORPORATION, ETHICON, INC., FOREST LABORATORIES, INC., FOREST PHARMACEUTICALS, INC., GENEVA PHARAMACEUTICALS, INC., GREENSTONE LTD, IVAX CORPORATION, IVAX PHARMACEUTICALS, INC., KING PHARMACEUTICALS, INC., KING RESEARCH AND DEVELOPMENT, MEDIMMUNE, INC., MONARCH PHARMACEUTICALS, INC., MYLAN LABORATORIES, INC., MYLAN PHARMACEUTICALS, INC., NOVARTIS CORPORATION, NOVAPHARM USA, INC., ORGANON PHARMACEUTICALS USA, INC, ORTHO-MCNEIL PHARMACEUTICAL, INC., PAR PHARMACEUTICAL, INC., PURDUE PHARMA COMPANY, PURDUE PHARMA L.P., PUREPAC PHARMACEUTICAL, CO., ROCHE LABORATORIES, INC., SANDOZ, INC., SANOFI-SYNTHELABO, INC., TEVA PHARMACEUTICAL, Teva Pharmaceutical USA, PURDUE FREDERICK COMPANY, UDL LABORATORIES, INC., WATSON PHARMA, INC., WYETH PHARMACEUTICALS, INC., C H BOEHRINGER SOHN, EMD PHARMACEUTICALS, INC., PHARMA-INVESTMENT LIMITED, ROXANE INC, BOEHRINGER INGELHEIM ROXANE, INC, BAYER PHARMACEUTICAL, BAYER HEALTHCARE, LLC,, ABBOTT PHARMACEUTICALS, INC., ANDRX PHARMACEUTICAL, SMITHKLINE BEECHAM CORP., STATE OF DELAWARE, STATE OF HAWAII, STATE OF ILLINOIS, COMMONWEALTH OF MASSACHUSETTS, STATE OF TENNESSEE, STATE OF TX, STATE OF VA, DISTRICT OF COLUMBIA, GILEAD SCIENCES, INC., APOTEX, INC., ASTELLAS PHARMA US, INC., ENDO GEN. PROD., KREMERS URBAN DEV. CO., MALLINCKRODT, INC., OTSUKA AMERICA, INC., PROCTOR & GAMBLE PHARMACEUTICALS, INC., RANBAXY PHARMACEUTICALS, INC., SANOFI-AVENTIS, SCHWARZPHARMA HOLDINGS, INC., SEPRACOR INC., SHIRE PLC, SHIRE US INC., TARO PHARMACEUTICAL INDUSTRIES LTD., TYCO HEALTHCARE, UCB, S.A., ZENECA HOLDINGS INC., ALLERGAN WORLDWIDE, AMERICAN BIOSCIENCE, INC., BAYER, AG, FUJISAWA HEALTHCARE, INC., ICN PHARMACEUTICALS, INC., HOESCHT MARION ROUSSEL, INC., TAKEDA CHEMICAL INDUSTRIES LTD.,, JOHN DOES 1-200, ALL DEFENDANTS, STATE OF MINNESOTA, FAULDING PHARMACEUTICALS, TOGETHER RX DEFENDENTS, RELIANT PHARMACEAUTICALS, LLC, BERLAX LABORATORIES, INC., B. BRAUN MCGAW, B.BRAUN OF AMERICA, GENZYME CORPORATION, JOHNSON & JOHNSON HEALTH CARE SYSTEMS, INC., ORTHO MCNEIL PHARMACEUTICALS, INC., ORTHO NEUTROGENA, AGOURON PHARMACEUTICALS, INC., GENENTECH, INC., ANDRX CORPORATION, BARR LABORATORIES, INC., BIOGEN, INC., LIPHA, S.A., MERCK KGAA, NOVARTIS AG, PHARMA INVESTMENT LTD., Z.L.B. BEHRING, EMPIRE BLUE CROSS BLUE SHIELD, TUFTS ASSOCIATED HEALTH MAINTENANCE ORGANIZATION, INC., NEIGHBORHOOD HEALTH PLAN, INC., MILBERG LLP, EUGENIA K. GLESSNER, MANAGED HEALTH CARE ASSOCIATES, INC., ERIC GREEN, JONATHAN MARKS, SECRETARY OF HEALTH AND HUMAN SERVICES, ESSEX SUPERIOR COURT JUDGE, Plaintiff in related case: Commonwealth of Massachusetts v. Mylan Labs. et al, 03-CV-11865, PATRICIA K MORGAN, FIRST DATABANK, INC., MCKESSON CORPORATION, CONNECTICUT GENERAL LIFE INSURANCE CO., HUMANA INSURANCE OF PUERTO RICO, INC., AETNA, INC., PARMED PHARMACEUTICALS, INC., BLUE CROSS BLUE SHIELD OF MASSACHUSETTS, CAREFIRST BLUE CROSS BLUE SHIELD, HAWAII MEDICAL SERVICE ASSOCIATION, EXCELLUS BLUE CROSS BLUE SHIELD, MUTUAL OF OMAHA INSURANCE COMPANY, FALLON COMMUNITY HEALTH PLAN, INC., NATIONAL HERITAGE INSURANCE COMPANY, HEATLH CARE SERVICE CORPORATION, CARDINAL HEALTH, INC., HEALTH NET, INC., UNITED HEALTHCARE, UnitedHealthcare, Inc. & United HealthCare Insurance Company, AMERISOURCEBERGEN, OXFORD HEALTH PLANS, LLC, MERCK-LIPHA SA, SCHERING CORPORATION, EISAI CO. LTD., MCNEIL CONSUMER, AMERICAN HOME PRODUCTS CORP., CHIRON and MCGAW, INC. |
| THERESE SHEPLEY and LARRY YOUNG |
| BRISTOL-MYERS SQUIBB COMPANY, WARRICK PHARMACEUTICALS CORPORATION, ASTRAZENECA PHARMACEUTICAL LP, SCHERING PLOUGH CORP, CENTOCOR, INC. and JOHNSON & JOHNSON INTERNATIONAL |
| 08-1002 |
| January 11, 2008 |
| U.S. Court of Appeals, First Circuit |
| Antitrust |
Docket Report
This docket was last retrieved on April 6, 2011. A more recent docket listing may be available from PACER.
| Document Text |
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| Archives location information. Transfer Number: PT276-11-0037. Box Number: 1/200 COA folder briefs & 1-6 appendix. The Court of Appeals record is held at the Federal Records Center in Waltham, MA. Copies of the record can be ordered online at # http://www.archives.gov/northeast/boston/public/court-records.html . [08-1002]--[Edited 04/06/2011 by BS]. (BS) [Entered: 04/06/2011 12:04 PM] |
| MANDATE Issued. [08-1002] (TS) [Entered: 10/21/2009 11:19 AM] |
ORDER entered by Jeffrey R. Howard, Appellate Judge granting motion to seal portion of appendix filed by Appellee Warrick Pharmaceuticals Corporation and Not Party Warrick Pharmaceuticals Corporation. [08-1002] (TS) [Entered: 10/21/2009 10:57 AM]
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| MOTION filed by Plaintiffs- Appellees to seal volume 2 of consumer representative plaintiffs' appendix. Certificate of service dated 10/02/2009. [08-1002] (MA) [Entered: 10/02/2009 02:55 PM] |
| OPINION issued by Jeffrey R. Howard, Appellate Judge; Rya W. Zobel, U.S. District Judge and Mary M. Lisi, U.S. District Judge. Published. [08-1002] (TS) [Entered: 09/28/2009 04:24 PM] |
| JUDGMENT entered by Jeffrey R. Howard, Appellate Judge; Rya W. Zobel, U.S. District Judge and Mary M. Lisi, U.S. District Judge. 08-1002 Vacated and Remanded [08-1002] (TS) [Entered: 09/28/2009 04:18 PM] |
| DESIGNATION OF COUNSEL: filed by Attorney Michael S. D'Orsi for Not Party Baxter International in 07-2664, 08-1002, 08-1046, 08-1054, 08-1055, 08-1056, 08-1190. Certificate of service was not included. [07-2664, 08-1002, 08-1046, 08-1054, 08-1055, 08-1056, 08-1190, 08-8001, 09-1196] (MA) [Entered: 05/20/2009 10:32 AM] |
| NOTICE of Filing Transcript. Dt. of Proceeding/Hearing: 12/16/2008, Type of Proceeding: Status Hearing, Court Reporter: Marzilli, Lee. In accordance with Judicial Conference Policy, the transcript(s) will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. Transcript(s) due 04/02/2009 from Court Reporter Lee Marzilli. [08-1002] (MA) [Entered: 01/06/2009 02:29 PM] |
| Case argued. Panel: Howard Appellate Judge, Zobel U.S. District Judge, Lisi U.S. District Judge Arguing Person Information Updated for: Steve W. Berman arguing for Appellants Larry Young and Therese Shepley; Arguing Person Information Updated for: Andrew D. Schau arguing for Appellees Johnson & Johnson and LP Ortho Biotech Products. [08-1002] (LM) [Entered: 11/21/2008 03:29 PM] |
ORDER granting joint motion to change order of cases filed by Appellants Therese Shepley and Larry Young, Appellant Bristol-Myers Squibb Company, Appellant Astrazeneca Pharmaceuticals LP . [08-1002, 08-1055, 08-1056] (LM) [Entered: 11/03/2008 03:31 PM]
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| JOINT MOTION filed by Appellants Therese Shepley and Larry Young in 08-1002, Appellant Bristol-Myers Squibb Company in 08-1055, Appellant Astrazeneca Pharmaceuticals LP in 08-1056 to Change the Order of Oral Argument. Certificate of service dated 10/30/2008. [08-1002, 08-1055, 08-1056] (MA) [Entered: 10/31/2008 08:28 AM] |
| DESIGNATION form filed. Arguing Person Information Updated for: Andrew D. Schau arguing for Appellees Johnson & Johnson and LP Ortho Biotech Products. [08-1002] (LM) [Entered: 10/09/2008 04:33 PM] |
| DESIGNATION form filed. Arguing Person Information Updated for: William F. Cavanaugh arguing for Appellees Johnson & Johnson, LP Ortho Biotech Products, and Inc. Centocor. [08-1002] (LM) [Entered: 10/04/2008 12:59 PM] |
| DESIGNATION form filed. Arguing Person Information Updated for: Steve W. Berman arguing for Appellants Larry Young and Therese Shepley. [08-1002] (LM) [Entered: 10/04/2008 12:55 PM] |
| Public docket note: Notice of Firm Name Change filed by Jennifer Connolly. The firms new information is: Wexler Wallace LLP 55 W. Monroe Street Suit 3300 Chicago, IL 60603 312-346-2222 (Tel) 312-346-0022 (Fax) [08-1002, 08-1055, 08-1056] (MA) [Entered: 09/22/2008 02:41 PM] |
| Case calendared: 11/04/2008 Boston, MA En Banc Courtroom. Designation form due 10/06/2008. [08-1002] (LM) [Entered: 09/22/2008 11:40 AM] |
| NOTICE of Change of Address filed by Jennifer F. Connolly for - All Plaintiffs and Not Party Pipefitters Local 537 Trust Funds and Kenneth A. Wexler for - Action Alliance of Senior Citizens of Greater Philadelphia, Twin Cities Bakery Workers Health and Welfare Fund and Not Party Pipefitters Local 537 Trust Funds in 08-1002, 08-1055, 08-1056. New address: Wexler Wallace LLP 55 W. Monroe Street Suit 3300 Chicago, IL 60603 312-346-2222 (Tel) 312-346-0022 (Fax). [08-1002, 08-1055, 08-1056] (MA) [Entered: 09/22/2008 02:46 PM] |
| DEFERRED JOINT APPENDIX filed by Appellants Therese Shepley, Larry Young and Appellees Astrazeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Centocor, Inc., Johnson & Johnson, Ortho Biotech Products, LP, Schering-Plough Corp, Schering-Plough, Corp. and Warrick Pharmaceuticals Corporation. Volumes: 1. Copies: 6. Certificate of service dated 08/29/2008. [08-1002] (MA) [Entered: 10/02/2008 09:37 AM] |
| PLEADING Tendered: Deferred Joint Appendix filed by - Shirley Geller, Government Employees Hospital Association, State of AZ, State of Arizona, State of MT, State of NV and Appellants Therese Shepley and Larry Young. Certificate of service dated 08/29/2008. [08-1002] (DJT) [Entered: 09/04/2008 11:24 AM] |
| ELECTRONIC Document containing brief filed by Appellants Therese Shepley and Larry Young. [08-1002] (RL) [Entered: 08/15/2008 11:14 AM] |
| REPLY BRIEF filed by Appellants Therese Shepley and Larry Young. Length: 30 pages, 7,581 words. Copies: 11. Certificate of service (mailed) dated 08/15/2008. [08-1002] (RL) [Entered: 08/15/2008 11:13 AM] |
| NOTICE of Filing Transcript. Dt. of Proceeding/Hearing: 07/24/2008, Type of Proceeding: Motion to Dismiss , Court Reporter: Joyce, Debra M.; Dt. of Proceeding/Hearing: 07/24/2008, Type of Proceeding: Motion for CAP, Court Reporter: Joyce, Debra M.. In accordance with Judicial Conference Policy, the transcript(s) will not be available to the public by remote electronic access for ninety days after the filing date. During that ninety day period, the transcript may be purchased through the court reporter or viewed at the public terminal at the district court. Transcript(s) due 10/30/2008 from Court Reporter Debra M. Joyce. [08-1056, 07-2664, 08-1002, 08-1054, 08-1055] (MA) [Entered: 08/07/2008 10:56 AM] |
ORDER granting motion to extend time to file reply brief filed by Appellants Therese Shepley and Larry Young. Reply brief due 08/15/2008 for Appellant Therese Shepley and Appellant Larry Young. [08-1002] (MA) [Entered: 07/14/2008 11:40 AM]
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| MOTION filed by Appellants Therese Shepley and Larry Young to extend time to file reply brief. Certificate of service dated 07/11/2008. [08-1002] (MA) [Entered: 07/11/2008 04:21 PM] |
ORDER granting motion to extend time to file reply brief filed by Appellants Therese Shepley and Larry Young. Reply brief due 07/21/2008 for Appellant Therese Shepley and Appellant Larry Young. [08-1002] (MA) [Entered: 06/26/2008 09:16 AM]
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| MOTION filed by Appellants Therese Shepley and Larry Young to extend time to file reply brief. Certificate of service dated 06/24/2008. [08-1002] (MA) [Entered: 06/25/2008 02:25 PM] |
| ELECTRONIC Document containing brief for appellees filed by Johnson & Johnson, Ortho-Biotech Products, L.P., Centecor Inc.. [08-1002] (RL) [Entered: 06/23/2008 12:07 PM] |
| BRIEF filed by Appellees Centocor, Inc., Johnson & Johnson and Ortho Biotech Products, LP. Length: 51 pages, 10,842 words. Copies: 11. Certificate of service (mailed) dated 06/20/2008. Reply brief due 07/07/2008 for Appellant Therese Shepley and Appellant Larry Young. [08-1002] (RL) [Entered: 06/23/2008 12:03 PM] |
ORDER granting motion to extend time to file brief filed by Appellees Ortho Biotech Products, LP, Centocor, Inc., Johnson & Johnson and Ortho Biotech Products, LP. Brief due 06/27/2008 for Appellees Centocor, Inc., Johnson & Johnson and Ortho Biotech Products, LP. [08-1002] (MA) [Entered: 06/20/2008 11:47 AM]
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| MOTION filed via fax by Appellees/Cross-Appellants Centocor, Inc., Johnson & Johnson and Ortho Biotech Products, LP in 08-1002 & 08-1046 to extend time to file appellee's brief. Certificate of service dated 06/19/2008. [08-1002, 08-1046] (MA) [Entered: 06/19/2008 03:45 PM] |
ORDER granting motion to file oversize addendum filed by Appellees/Cross-Appellants Ortho Biotech Products, LP, Centocor, Inc., Johnson & Johnson and Ortho Biotech Products, LP in 08-1002 and 08-1046. [08-1002, 08-1046] (MA) [Entered: 06/16/2008 12:03 PM]
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| MOTION filed by Appellees/Cross-Appellants Centocor, Inc., Johnson & Johnson and Ortho Biotech Products, LP in 08-1002 and 08-1046 to file a separately-bound, oversized addendum. Certificate of service dated 06/12/2008. [08-1002, 08-1046] (MA) [Entered: 06/13/2008 01:21 PM] |
ORDER entered by Jeffrey R. Howard, Appellate Judge; Rya W. Zobel, U.S. District Judge and Mary M. Lisi, U.S. District Judge. [08-1002] (MA) [Entered: 06/05/2008 12:20 PM]
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| ELECTRONIC Document containing Appellant's Brief filed by Appellants/Cross-Appellees Therese Shepley and Larry Young. [08-1002] (MA) [Entered: 05/21/2008 04:35 PM] |
| BRIEF filed by Appellants/Cross-Appellees Therese Shepley and Larry Young. Length: 38 pages, 10,052 words. Copies: 10. Certificate of service dated 05/21/2008. Brief due 06/20/2008 for Appellee/Cross-Appellant Centocor, Inc., Appellee/Cross-Appellant Johnson & Johnson and Appellee/Cross-Appellant Ortho Biotech Products, LP. [08-1002] (MA) [Entered: 05/21/2008 04:30 PM] |
ORDER granting JOINT MOTION filed by Appellants/Cross-Appellees Therese Shepley, Larry Young, Appellees Astrazeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Schering-Plough Corp, Schering-Plough, Corp., Warrick Pharmaceuticals Corporation and Appellees/Cross-Appellants Centocor, Inc., Johnson & Johnson and Ortho Biotech Products, LP to file a deferred appendix. [08-1002, 08-1046] (MA) [Entered: 05/19/2008 03:21 PM]
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| JOINT MOTION filed by Appellants/Cross-Appellees Therese Shepley, Larry Young, Appellees Astrazeneca Pharmaceuticals LP, Bristol-Myers Squibb Company, Schering-Plough Corp, Schering-Plough, Corp., Warrick Pharmaceuticals Corporation and Appellees/Cross-Appellants Centocor, Inc., Johnson & Johnson and Ortho Biotech Products, LP to file a deferred appendix. Certificate of service dated 05/12/2008. [08-1002] (MA) [Entered: 05/13/2008 03:33 PM] |
| BRIEFING schedule updated. Brief and Appendix due on 05/21/2008 for Appellant/Cross-Appellee Therese Shepley, Appellant/Cross-Appellee Larry Young, Appellant Bristol-Myers Squibb Company and Appellant Astrazeneca Pharmaceuticals LP. [08-1002, 08-1046] (FJP) [Entered: 08/12/2008 03:42 PM] |
| CROSS-APPEAL briefing schdule set pursuant to F.R.A.P. 28.1. Brief due 05/21/2008 for Appellants/Cross-Appellees Therese Shepley and Larry Young. [08-1002, 08-1046] (MA) [Entered: 04/11/2008 11:23 AM] |
ORDER directing the parties to proceed under F.R.A.P 28.1. [08-1046, 08-1002] (MA) [Entered: 04/11/2008 10:00 AM]
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| RESPONSE: Class Counsel's Notice in Response to February 21, 2008 Order of the Court . Certificate of service dated 3/7/08 [1342676-1] [08-1002] (MA) [Entered: 03/12/2008 08:38 AM] |
| Transcript of 09/10/07 Motion Hearing filed by court reporter Lee Marzilli in 07-2664, 08-1002, 08-1046, 08-1055, 08-1056, 08-8001. [07-2664, 08-1002, 08-1046, 08-1054, 08-1055, 08-1056, 08-8001] (MA) [Entered: 03/03/2008 04:19 PM] |
| SUPPLEMENTAL RECORD consisting of Document #5109 filed. [1339979-1] [1339979-1] in 07-2664,08-1002, 08-1046, 08-1054, 08-1055, 08-1056, 08-8001. [07-2664, 08-1002, 08-1046, 08-1054, 08-1055, 08-1056, 08-8001] (MA) [Entered: 03/03/2008 04:18 PM] |
| ATTORNEY Andrea Schillaci for Sanofi-Synthelabo, Inc., Dermik Laboratories, Aventis Pharmaceutical, in 07-2664 , 08-1002 08-1046, 08-1054, 08-1055, 08-1056, 08-8001 added to case. [07-2664, 08-1002, 08-1046, 08-1054, 08-1055, 08-1056, 08-8001] (MA) [Entered: 02/28/2008 03:30 PM] |
| Involvement of attorney Jonathan S. Hickey for Sanofi-Synthelabo, Inc., Aventis Pharmaceutical, Dermik Laboratories in 07-2664 terminated. [07-2664, 08-1002, 08-1046, 08-1054, 08-1055, 08-1056, 08-8001] (MA) [Entered: 02/28/2008 03:23 PM] |
| NOTICE GIVEN by Andrea Schillaci for Sanofi-Synthelabo, Inc., Dermik Laboratories, Aventis Pharmaceuticals, in 07-2664, 08-1002, 08-1046, 08-1054, 08-1055, 08-1056, 08-8001 that an appearance will not be filed. [07-2664, 08-1002, 08-1046, 08-1054, 08-1055, 08-1056, 08-8001] (MA) [Entered: 02/28/2008 03:59 PM] |
| Involvement of attorney Andrea Schillaci for Sanofi-Synthelabo, Inc., Dermik Laboratories, Inc., and Aventis Pharmaceuticals Inc. in 07-2664 terminated. [07-2664, 08-1002, 08-1046, 08-1054, 08-1055, 08-1056, 08-8001] (MA) [Entered: 02/28/2008 04:03 PM] |
ORDER entered by Judge Jeffrey R. Howard: In support of their response to class counsel's motion to substitute counsel, appellants Larry Young and Therese Shepley filed a two-volume appendix. Volume II of that appendix was filed "provisionally under seal." Documents may not be filed under seal in this court without a motion to seal, explaining the basis for sealing and specifying the desired duration of the sealing order. 1st Cir. R. 11.0(c)(2). Appellants, who do not believe that the documents contained in volume II of the appendix need to be sealed, instead filed a motion for a determination of the propriety of sealing the documents so that class counsel or others could have an opportunity to be heard on that issue. Accordingly, class counsel, or any other party that seeks to have volume II sealed, is ordered to file a motion to that effect, in accordance with 1st Cir. R. 11.0(c), within 21 days of this order. In the absence of such a motion by that date, appendix II will be unsealed. So ordered. [08-1002] (MA) [Entered: 02/21/2008 02:43 PM]
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| RESPONSE: Class Counsel's Reply in Support of Motion to Substitute Counsel on Appeal in 08-1002 to response null [1334106-1] . Certificate of service dated 2/19/08 [1336240-1] [08-1002] (MA) [Entered: 02/20/2008 08:46 AM] |
ORDER entered by Judge Jeffrey R. Howard: This appeal is brought by two named plaintiffs, Larry Young and Therese Shepley, in their capacity as class representatives, from a judgment in favor of certain defendants ("the Johnson & Johnson defendants") in this massive antitrust class action. The Johnson & Johnson defendants have moved to dismiss the appeal because it is being prosecuted by The Haviland Law Firm ("Haviland"), which was recently disqualified as class counsel by the district court. Plaintiffs, represented by Haviland, opposed the motion to dismiss, arguing that the appeal was filed prior to the disqualification order and that dismissing the appeal would deprive them of their right to appeal the allegedly erroneous judgment against them. Alternatively, plaintiffs asked that this appeal be consolidated with their appeal from the disqualification order. Class counsel responded to the motion to dismiss by agreeing that Haviland can no longer prosecute this appeal but moving that the court permit class counsel to be substituted for Haviland rather than dismiss the appeal. In response to class counsel's motion, the Johnson & Johnson defendants acknowledged that class counsel are authorized to prosecute this appeal and that allowing class counsel's motion to substitute themselves for Haviland would make dismissal of the appeal unnecessary. Although the disqualification order predated the notice of appeal, now that Haviland has been disqualified from serving as class counsel, it can no longer represent the class in this appeal. Further, although the disqualification order itself has been appealed, that order presently remains in effect. Finally, although class counsel did not initially file an appeal on plaintiffs' behalf from the judgment in favor of the Johnson & Johnson defendants, now that class counsel have offered to take over prosecution of the appeal filed by Haviland, plaintiffs' right to pursue their appeal is no longer at stake. We therefore allow class counsel's motion to substitute themselves for Haviland in this appeal, thereby mooting the Johnson & Johnson defendants' motion to dismiss. Since allowing the motion to substitute makes the merits of the disqualification order irrelevant to this appeal, we deny plaintiffs' motion to consolidate this appeal with their appeal from the disqualification order. Class counsel's motion to substitute is granted. Johnson & Johnson's motion to dismiss and plaintiffs' motion to consolidate are denied. [08-1002] (MA) [Entered: 02/15/2008 04:23 PM]
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| LETTER filed by Attorney Jill Brenner regarding wanting receive notice on all case related to the In: Pharmaceutical Case out of the District Court. notice. [07-2664, 08-1002, 08-1046, 08-1054, 08-1055] (MA) [Entered: 02/12/2008 11:59 AM] |
| RESPONSE filed by Appellants Larry Young and Therese Shepley in 08-1002 motion to substitute counsel on appeal [2 Volume Appendix] [1330350-1] . Certificate of service dated 2/8/08 [1334106-1] [08-1002] (MA) [Entered: 02/12/2008 09:43 AM] |
| MOTION for Determination of Propriety of Filing Under Seal filed by Appellants Larry Young and Therese Shepley in 08-1002. Certificate of service dated 2/8/08 . [08-1002] (MA) [Entered: 02/12/2008 09:40 AM] |
| Involvement of attorney Mark A. Fischer in 08-1002 terminated. [08-1002] (FJP) [Entered: 02/08/2008 03:25 PM] |
| APPEARANCE filed by Jennifer F. Connolly for MDL Plaintiffs' ***{See Attached List}**** [1335887-1] [08-1002, 08-1046, 08-1054, 08-1055, 08-1056] (MA) [Entered: 02/19/2008 11:56 AM] |
| ATTORNEY Jennifer F. Connolly for MDL Plaintiffs **{Please See Attached List}*** . [08-1002, 08-1046, 08-1054, 08-1055, 08-1056] (MA) [Entered: 02/19/2008 11:46 AM] |
| REPLY To The Response of Larry Young and Theresa Shepley To The Motion To Dismiss The Appeal, And Response To Substitute Counsel On Appeal filed by Appellee Johnson & Johnson, Ortho Biotech Products, and Centocor, Inc.. Certificate of service dated 2/4/08. [1332198-1] [08-1002] (GAK) [Entered: 02/05/2008 02:27 PM] |
| NOTICE GIVEN by Douglas T. Miracle for Sicor, Inc. in 08-1002 that an appearance will not be filed. [08-1002] (MA) [Entered: 02/11/2008 03:17 PM] |
| Involvement of attorney Douglas T. Miracle for Sicor, Inc. in 08-1002 terminated. [08-1002] (MA) [Entered: 02/11/2008 03:18 PM] |
| APPEARANCE filed by Kenneth A. Wexler for Pipefitters Local 53, Twin Cities Bakery, Action Alliance in 08-1046, 08-1055 . [1330467-1] [08-1002, 08-1046, 08-1054, 08-1055] (MA) [Entered: 01/30/2008 09:51 AM] |
| Involvement of attorney Jill Brenner Meixel for Baxter Healthcare Corp. and Baxter International Inc. Healthcare 08-1002 terminated. [08-1002, 08-1046, 08-1054, 08-1055, 08-1056] (MA) [Entered: 01/28/2008 09:03 AM] |
| APPEARANCE filed by Steve W. Berman for Appellant's Therese Shepley and Larry Young in 08-1002. [1330408-1] [08-1002] (MA) [Entered: 01/30/2008 08:41 AM] |
| ATTORNEY Steve W. Berman for Appellant's Therese Shepley, Larry Young in 08-1002 added to case. [08-1002] (MA) [Entered: 01/30/2008 08:39 AM] |
| RESPONSE filed by Appellants Larry Young, and Therese Shepley in 08-1002 to motion dismiss case [1325051-1] . Certificate of service dated 1/28/08 [1330362-1] [08-1002] (MA) [Entered: 01/29/2008 04:45 PM] |
| AFFIDAVIT in support of motion to Substitute Counsel on Appeal [1330350-1] filed by Appellants Larry Young & Therese Shepley in 08-1002. Certificate of service dated 1/28/08. [1330355-1] [08-1002] (MA) [Entered: 01/29/2008 04:39 PM] |
| MOTION filed by Appellants Larry Young and Therese Shepley in 08-1002 to Substitute Counsel on Appeal. Certificate of service dated 1/28/08 . [08-1002] (MA) [Entered: 01/29/2008 04:37 PM] |
| Notice of change of address filed by Lawrence E. Jacobs for Astrazeneca Pharmaceuticals in 07-2664, 08-1002, 08-1046, 08-1054, 08-1055, 08-1056. New address: Davis Polk & Wardwell 450 Lexington Ave New York, NY 10017 212-450-4680 212-450-3680 [email protected] (MA) [Entered: 01/29/2008 11:22 AM] |
| MOTION filed by Appellants Larry Young in 08-1002, Therese Shepley in 08-1002 to consolidate for purposes of briefing and oral argument the following cases: 08-8001. Certificate of service dated 1/25/08 . [08-1002] (MA) [Entered: 01/28/2008 11:01 AM] |
| RESPONSE filed by Appellants Larry Young and Therese Shepley in 08-1002 to motion dismiss case [1325051-1] . Certificate of service dated 1/25/08 [1329549-1] [08-1002] (MA) [Entered: 01/28/2008 10:57 AM] |
| RESPONSE filed by AstraZaneca Pharmaceutical LP in 07-2664, 08-1002, 08-1046, 08-1054,08-1055, 08-1056 designating Attorney D. Scott Wise as lead counsel. Certificate of service dated 1/25/08 [1329412-1] [07-2664, 08-1002, 08-1046, 08-1054, 08-1055, 08-1056] (MA) [Entered: 01/28/2008 08:48 AM] |
| RESPONSE filed by M. Joyce Howe, David Aaronson , Harold L. Carter, Roger Clark , Harold Bean, Ethel Walters, Larry Young, Therese Shepley, in 07-2664, 08-1002, 08-1046, 08-1054, 08-1055, 08-1056 desiginating Attorney Donald E. Haviland as lead counsel. Certificate of service dated 1/16/08 [1329340-1] [07-2664, 08-1002, 08-1046, 08-1054, 08-1055, 08-1056] (MA) [Entered: 01/25/2008 03:55 PM] |
| PUBLIC NOTE: Notice filed by the Attorney General's Office in California informing the court that they have recieved appearance forms for Attorney's Michael Coons, Lisa Colcock Phelan, Sherrie R. Savett, Susan Schneider Thomas, J. Andrew Jackson, Jason D. Wallach, Gary L. Azorsky, Walter J. Lack in error. [08-1054, 08-1002] (MA) [Entered: 01/28/2008 08:43 AM] |
| NOTICE GIVEN by Barak Cohen for Barr Pharmaceuticals in 08-1002 that an appearance will not be filed. [08-1002] (MA) [Entered: 01/28/2008 09:55 AM] |
| RESPONSE filed by Bristol Myers Squibb in 07-2664, 08-1002, 08-1046, 08-1054, 08-1055, 08-1056 designating Attorney Steven M. Edwards as lead counsel. Certificate of service dated 1/25/08 [1329413-1] [07-2664, 08-1002, 08-1046, 08-1054, 08-1055, 08-1056] (MA) [Entered: 01/28/2008 08:53 AM] |
| Involvement of attorney Barak Cohen for Barr Pharmaceuticals in 08-1002 terminated. [08-1002] (MA) [Entered: 01/28/2008 09:56 AM] |
| NOTICE GIVEN by Jill Brenner Meixel for Baxter Healthcare Corp. and Baxter International Inc. in 08-1002, 08-1046, 08-1054, 08-1055, 08-1056 that an appearance will not be filed. [08-1002, 08-1046, 08-1054, 08-1055, 08-1056] (MA) [Entered: 01/28/2008 08:58 AM] |
| Involvement of attorney Patrick M Bryan for Teva Pharmaceutical, attorney Patricia Mack Bryan for Teva Pharmaceutical terminated. [08-1002] (FJP) [Entered: 01/24/2008 11:24 AM] |
| APPEARANCE filed by William F. Cavanaugh Johnson & Johnson, Ortho Biotech Products [1328335-1] [08-1002] (MA) [Entered: 01/23/2008 03:14 PM] |
| NOTICE GIVEN by Karen N. Walker for Barr Pharmaceuticals, that an appearance will not be filed. [08-1002] (MA) [Entered: 01/23/2008 08:20 AM] |
| NOTICE GIVEN by John A. Kiernan for Interested Party McKesson Corporation, Edwin U. John for Barr Pharmaceuticals, Kathryn Bale for State of Iowa that an appearance will not be filed. [08-1002] (MA) [Entered: 01/23/2008 08:09 AM] |
| Involvement of attorney John A. Kiernan for McKesson Corporation, attorney Edwin U. John for Barr Pharmaceuticals, attorney Kathryn Bale for State of Iowa terminated. [08-1002] (MA) [Entered: 01/23/2008 08:16 AM] |
| Involvement of attorney Karen N. Walker for Barr Pharmaceuticals terminated. [08-1002] (MA) [Entered: 01/23/2008 08:21 AM] |
| APPEARANCE filed by Andrew D. Schau for Johnson & Johnson, Ortho Biotech Products, [1328017-1] [08-1002] (MA) [Entered: 01/23/2008 09:38 AM] |
| RESPONSE filed by Appellee Johnson & Johnson, Ortho Biotech Products, Centocor, Inc. designating Attorney Andrew Schau as lead counsel. Certificate of service dated 1/18/08 [1329245-1] [08-1002] (MA) [Entered: 01/25/2008 02:31 PM] |
| RESPONSE filed by Attorney Scott Kinsel, designating counsel to Demra Jordan. Certificate of service dated 1/17/08 [1335710-1] [07-2664, 08-1002, 08-1046, 08-1054, 08-1055] (MA) [Entered: 02/19/2008 09:55 AM] |
| RESPONSE filed by Appellant Demra Jordan in 07-2664, 08-1002, 08-1046, 08-1054,08-1055, 08-1056 designating Scott Kinsel as lead counsel. Certificate of service dated 1/17/08 [1329279-1] [07-2664, 08-1002, 08-1046, 08-1054, 08-1055, 08-1056] (MA) [Entered: 01/25/2008 03:03 PM] |
| PUBLIC NOTE: Notice filed by Attorney Scott Birnbaum informing the court that he has received opening forms for Attorney Shawn J. Organ of Day Jones Law Firm in Columbus, OH in error. [08-1002] (MA) [Entered: 01/16/2008 03:24 PM] |
| Involvement of attorney Kimberly I. Friday for Biogen IDEC U.S. terminated. [08-1002] (MA) [Entered: 01/16/2008 08:09 AM] |
| NOTICE GIVEN by Kimberly I. Friday for Biogen IDEC U.S. that an appearance will not be filed. [08-1002] (MA) [Entered: 01/16/2008 08:09 AM] |
| RESPONSE filed by Attorney Steve Berman as designated as counsel for Class Plaintiffs. Certificate of service dated 1/15/08 [1335684-1] [07-2664, 08-1002, 08-1046, 08-1054, 08-1055] (MA) [Entered: 02/19/2008 09:24 AM] |
| DISCLOSURE STATEMENT on behalf of Appellees Johnson & Johnson, Ortho Biotech Products, Centocor, Inc. filed. [08-1002] (MA) [Entered: 01/16/2008 08:24 AM] |
| MOTION filed by Appellee Johnson & Johnson, Centocor, Inc. and Ortho Biotech Products, L.P.'s to dismiss case. [1325051-1] Certificate of service dated 1/11/08 . (MA) [Entered: 01/14/2008 01:22 PM] |
| ATTORNEY Michael Lorusso for Appellants Therese Shepley, and Larry Young added to case. [08-1002] (MA) [Entered: 01/16/2008 08:44 AM] |
| DOCKETING STATEMENT filed by Appellants Larry Young, and Therese Shepley. [08-1002] (MA) [Entered: 01/16/2008 08:39 AM] |
ORDER entered: Due to the large number of attorneys involved in these cases, on or before January 25, 2008, counsel for each party to one or more of the above-captioned appeals shall designate lead and/or liaison counsel upon whom all court notices and orders should be served. Designated lead and/or liaison counsel should forward court notices and orders to co-counsel. After January 25, 2008, the clerk's office will terminate from the service list those attorneys who have not entered an appearance. [08-1002] (MA) [Entered: 01/14/2008 12:59 PM]
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| APPEARANCE filed by Michael Lorusso and Donald E. Haviland for Appellants Therese Shepley, Larry Young. [1325902-1] [08-1002] (MA) [Entered: 01/16/2008 08:47 AM] |
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Transcript Report/Order Form filed by Appellants Larry Young and Therese Shepley. Transcript of 1/13/03 Motion Hearing,11/21/03 Hearing on Motion to Dismiss, 12/6/04-12/7/04 Evidentiary Hearing Motion for Class Certification, 2/10/05 Hearing on Motion for Class Certification, 1/19/06 Motion For Class Certification,5/23/06 Motion For CLass Certification, 6/26/06 Hearing on Motion to Preclude Expert Testimony, 10/31/06 Final Pretrial Conference, 11/6/06-11/8/06 Bench Trial Day 1-3, 11/13/06-11/16/06 Bench Trial Day 4-7, 11/20/06-11/21/06 Bench Trial Day 8-9, 11/27/06-11/29/06 Bench Trial Day 10-12, 12/4/06 Bench Trial Day 13, 12/6/06-12/8/06 Bench Trial Day 14-16, 12/11/06- 12/13/06 Bench Trial Day 17-19, 12/18/06 Bench Trial Day 20, 1/26/07 Bench Trial Day 21 (Closing Arguments), 2/1/07 Motion Hearing, 2/27/07 Motion Hearing, 3/26/07 Status Conference,3/26/07 Motion Hearing, 4/11/07 Pretrial Conference, 5/16/07 Status Conference, 5/17/07 Motion Hearing, 5/22/07 Settlement Status Conference, 6/6/07 Status Conference, 6/20/07 Motion Hearing, 7/3/07 Hearing, 7/17/07 Status Conference, 7/19/07 Settlement Hearing, 7/26/07 Motion Hearing, 8/27/07 Motion Hearing, 8/27/07 Damages Hearing already on file.[08-1002] |
| CIVIL CASE docketed. Opening forms sent.Notice of Appeal filed by Appellant Larry Young, Appellant Therese Shepley. Appearance form due 1/25/08. Docketing Statement due 1/25/08. Transcript Report/Order due 1/25/08. [08-1002] (MA) [Entered: 01/11/2008 09:13 AM] |
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ORDER entered by Jeffrey R. Howard, Appellate Judge granting motion to seal portion of appendix filed by Appellee Warrick Pharmaceuticals Corporation and Not Party Warrick Pharmaceuticals Corporation. [08-1002] (TS) [Entered: 10/21/2009 10:57 AM]