In Re: Pharmaceutical Case, et al
PURDUE PHARMA COMPANY, PARMED PHARMACEUTICALS, INC., BEN VENUE LABORATORIES INC., T. MARK JONES, TOGETHER RX DEFENDENTS, ORTHO MCNEIL PHARMACEUTICALS, INC., MILBERG LLP, OREGON HEALTH ACTION CAMPAIGN, NEW JERSEY CITIZEN ACTION, GENSIA SICOR PHARMACEUTICALS, INC., ASTRAZENECA PHARMACEUTICALS PLC, Z.L.B. BEHRING, COUNTY OF ORANGE, FUJISAWA HEALTHCARE, INC., DEY, INC., BIOGEN, INC., IVAX CORPORATION, GENSIA INC., BETTY SICHER, ACTION ALLIANCE OF SENIOR CITIZENS OF GREATER PHILADELPHIA, SANDOZ, INC., NOVO NORDISK INC., GENZYME CORPORATION, MALLINCKRODT, INC., NATIONAL HERITAGE INSURANCE COMPANY, PURDUE PHARMA L.P., ROXANNE LABORATORIES, INC., FUJISAWA USA, INC., SECRETARY OF HEALTH AND HUMAN SERVICES, BARR PHARMACEUTICALS, INC., ZENECA HOLDINGS INC., JOHNSON & JOHNSON INTERNATIONAL, CITY OF NEW YORK AND CAPTIONED NEW YORK COUNTIES, THE, SHIRLEY GELLER, OREGON STATE PUBLIC INTEREST RESEARCH GROUP, ESSEX SUPERIOR COURT JUDGE, BAXTER HEALTHCARE CORPORATION, HAROLD BEAN, WATSON PHARMA, INC., STATE OF MISSISSIPPI, MERCK-LIPHA SA, GREENSTONE LTD, MERCK & COMPANY, INCORPORATED, JOHN B. RICE, ROCHE LABORATORIES, INC., PURDUE FREDERICK COMPANY, COMMONWEALTH OF MASSACHUSETTS, STATE OF OH, JONATHAN MARKS, STATE OF MT, TAKEDA PHARMACEUTICAL COMPANY LIMITED, AMERICAN HOME PRODUCTS CORP., ENDO PHARMACEUTICALS HOLDINGS INC., BAYER CORPORATION, COUNTY OF ONTARIO, JOHNSON & JOHNSON HEALTH CARE SYSTEMS, INC., NEW YORK, NY, COUNTY OF CORTLAND, GLAXO WELLCOME PLC, STATE OF ILLINOIS, DONALD E. HAVILAND, JR., DAVID AARONSON, AGOURON PHARMACEUTICALS, INC., PAR PHARMACEUTICAL, INC., STATE OF DELAWARE, CHIRON, PEARL MUNIC, CAREFIRST BLUE CROSS BLUE SHIELD, MEDIMMUNE, INC., AMGEN, INC, TUFTS ASSOCIATED HEALTH MAINTENANCE ORGANIZATION, INC., ENDO GEN. PROD., PATRICIA K MORGAN, NATIONAL AUTOMATIC SPRINKLER INDUSTRY WELFARE FUND, NASSAU COUNTY, KING RESEARCH AND DEVELOPMENT, ABBOTT PHARMACEUTICALS, INC., COUNTY OF SCHUYLER, AMERICAN BIOSCIENCE, INC., FIRST DATABANK, INC., SHIRE PLC, EMD, INC., JACK DOUGLAS, EMD PHARMACEUTICALS, INC., MASSPIRG, BIOVAIL PHARMACEUTICALS, INC., BOEHRINGER INGELHEIM CORP., STATE OF TENNESSEE, TAP PHARMACEUTICAL PRODUCTS, INC., SERONO LABORATORIES, INC., ROXANE INC, WYETH PHARMACEUTICALS, INC., AMERISOURCEBERGEN, SERONO, INC., EMPIRE BLUE CROSS BLUE SHIELD, ALL DEFENDANTS, KREMERS URBAN DEV. CO., BAXTER INTERNATIONAL, INC., SHIRE US INC., JOHN BENNETT, SCHWARZPHARMA HOLDINGS, INC., JOHN V. DIGEL, ABBOTT LABORATORIES, ANDRX CORPORATION, JOAN S. LEE, EDWARD WEST, TARO PHARMACEUTICAL INDUSTRIES LTD., TAKEDA CHEMICAL INDUSTRIES LTD.,, ORTHO-MCNEIL PHARMACEUTICAL, INC., C H BOEHRINGER SOHN, OXFORD HEALTH PLANS, LLC, SEPRACOR INC., CHIRON CORPORATION, IMMUNEX CORPORATION, RICE & THOMPSON, COUNTY OF LEWIS, MAINE CONSUMERS FOR AFFORDABLE HEALTH CARE, RONALD E. TURNER, BAXTER PHARMACEUTICAL., STATE OF IOWA, SANOFI-AVENTIS, JOHN DOES 1-200, FOREST LABORATORIES, INC., HEALTH ACTION OF NEW MEXICO, FALLON COMMUNITY HEALTH PLAN, INC., NOVAPHARM USA, INC., STATE OF SOUTH CAROLINA, BAYER, AG, COUNTY OF NASSAU, STATE OF ARIZONA, HEALTH NET, INC., IVAX PHARMACEUTICALS, INC., FAULDING PHARMACEUTICALS, CONGRESS OF CALIFORNIA SENIORS, ROXANE LABORATORIES, INC., ERIC GREEN, DEMRA JORDAN, EXCELLUS BLUE CROSS BLUE SHIELD, PHARMA-INVESTMENT LIMITED, HEATLH CARE SERVICE CORPORATION, GLAXOSMITHKLINE, GILEAD SCIENCES, INC., JANSSEN PHARMACEUTICALS PRODUCTS, L.P., ESSEX COUNTY, PROCTOR & GAMBLE PHARMACEUTICALS, INC., ALPHA THERAPEUTICS CORPORATION, DOES 1-100, ETHEL WALTERS, MONSANTO COMPANY, MUTUAL OF OMAHA INSURANCE COMPANY, AVENTIS S.A., COUNTY OF ORLEANS, TYCO HEALTHCARE, MERCK KGAA, COUNTY OF WYOMING, TAP HOLDINGS, INC., ALLERGAN WORLDWIDE, ONCOLOGY THERAPEUTICS NETWORK CORP., HOESCHT MARION ROUSSEL, INC., COUNTY OF ERIE, ETHEX CORPORATION, DEY L.P., RHONE-POULENC, INC., Rhone-Poulenc Rorer, S.A, TEVA PHARMACEUTICAL, Teva Pharmaceutical USA, MANAGED HEALTH CARE ASSOCIATES, INC., SERONO INTERNATIONAL, S.A., ROCKLAND COUNTY, APOTEX, INC., SCHEIN PHARMACEUTICAL, INC., ALZA CORPORATION, PHARAMACEUTICAL IND, Pharamaceutical Industry Average Wholesale Price Litigation, STATE OF TX, ALCON LABORATORIES, INC., STATE OF IDAHO, MINNESOTA SENIOR FEDERATION, B.BRAUN OF AMERICA, B. BRAUN MCGAW, AVENTIS PHARMACEUTICALS INC., DISTRICT OF COLUMBIA, EISAI, INC., KIMBERLY K. HOOVER, COUNTY OF CHAUTAUQUA, PLAINTIFFS' STEERING COMMITTEE, LIPHA, S.A., CITY OF NEW YORK AND CAPTIONED NEW YORK COUNTIES, HOWARD A. SMITHLINE, COUNTY OF ROCKLAND, CONNECTICUT GENERAL LIFE INSURANCE CO., WATSON PHARMACEUTICALS, INC., BEDFORD LABORATORIES, DOES 101-125, RELIANT PHARMACEAUTICALS, LLC, ETHICON, INC., MCNEIL-PPC, INC., UNITED STATES, BAYER PHARMACEUTICAL, MCGAW, INC., GRAY PANTHERS OF SACRAMENTO, COUNTY OF ULSTER, DOES 126-150, AVENTIS BEHRING LLC, PURDUE FREDERICK COMPANY, THE, GOVERNMENT EMPLOYEES HOSPITAL ASSOCIATION, Individually and on behalf of all others similarly situated, ALLERGAN, INC., B. BRAUN MEDICAL INC., BOEHRINGER INGELHEIM PHARMACEUTICALS, INC., HOECHST MARION ROUSSEL, INC., SANOFI-SYNTHELABO, INC., BERLAX LABORATORIES, INC., STATE OF CALIFORNIA, WARRICK PHARMACEUTICALS CORPORATION, SUFFOLK COUNTY (NY), CENTOCOR, INC., PHARMA INVESTMENT LTD., STATE OF VA, ROBERTA S. STARKS, ASTRAZENECA US, ORGANON PHARMACEUTICALS USA, INC, STATE OF CT, COUNTY OF WESTCHESTER, ROBERT J. SWANSTON, COUNTY OF ONONDAGA, COUNTY OF DUTCHESS, NOVAPHARM LTD., ICN PHARMACEUTICALS, INC., ANDRX PHARMACEUTICAL, ZACHARY T. BENTLEY, CONNECTICUT CITIZEN ACTION GROUP, RUDOLPH J. LIEDTKE, FLORIDA ALLIANCE FOR RETIRED AMERICANS, MCKESSON CORPORATION, BAYER HEALTHCARE, LLC,, AGOURAN PHARMACEUTICALS, INC., BOEHRINGER INGELHEIM ROXANE, INC, ROCHE LABS, EUGENIA K. GLESSNER, RJL SYSTEMS, INC., ELI LILLY AND COMPANY, WEST VIRGINIA CITIZEN ACTION, COUNTY OF SENECA, INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL NO. 68 WELFARE FUND, PHARMACIA & UPJOHN, INC., DERMIK LABORATORIES, INC., VEN-A-CARE OF THE FLORIDA KEYS, INC., UDL LABORATORIES, INC., COUNTY OF CHENANGO, STATE OF HAWAII, FOREST PHARMACEUTICALS, INC., ONONDAGA COUNTY, PEOPLE OF THE STATE OF ILLINOIS, UNITED HEALTHCARE, UnitedHealthcare, Inc. & United HealthCare Insurance Company, COMMONWEALTH OF PENNSYLVANIA, by Thomas W. Borbett, Jr. in his capacity as Attorney General of the Commonwealth of Pennsylvania, OTSUKA AMERICA, INC., AETNA, INC., PHARMACIA CORPORATION, NEIGHBORHOOD HEALTH PLAN, INC., RANBAXY PHARMACEUTICALS, INC., STATE OF NV, STATE OF MINNESOTA, HOFFMAN-LA ROCHE, INC., HAWAII MEDICAL SERVICE ASSOCIATION, NOVARTIS AG, HENRY D. MCMASTER, in his official capacity as Attorney General for the State of South Carolina, MCNEIL CONSUMER, MASSACHUSETTS SENIOR ACTION COUNCIL, UCB PHARMA, DOES 151-200, a, SICOR, INC., PENNSYLVANIA ALLIANCE FOR RETIRED AMERICANS, COMMONWEALTH OF KENTUCKY, MYLAN LABORATORIES, INC., NORTH CAROLINA FAIR SHARE, STANLEY C. HOPKINS, ASTELLAS PHARMA US, INC., APOTHECON, INC., PUREPAC PHARMACEUTICAL, CO., UNITED SENIOR ACTION OF INDIANA, INC., STATE OF NEW YORK, PFIZER, INC., KING PHARMACEUTICALS, INC., SUE MILES, MONARCH PHARMACEUTICALS, INC., MYLAN PHARMACEUTICALS, INC., STATE OF FLORIDA, NOVARTIS CORPORATION, COUNTY OF OSWEGO, BARR LABORATORIES, INC., FUJISAWA PHARMACEUTICAL, HUMANA INSURANCE OF PUERTO RICO, INC., ALPHARMA, INC., GENEVA PHARAMACEUTICALS, INC., ORGANON USA, SMITHKLINE BEECHAM CORP., ORTHO NEUTROGENA, ORTHO BIOTECH PRODUCTS, LP, GENENTECH, INC., COUNTY OF COLUMBIA, THE, HOSPIRA, INC., Hospira, Inc., COLORADO PROGRESSIVE COALITION, UCB, S.A., CONSTANCE THOMPSON, CARDINAL HEALTH, INC., BIOGEN IDEC U.S., SCHERING PLOUGH CORP, ZENECA, INC. and COUNTY OF SCHENECTADY |
KENNETH VANDERWAL, VERMONT PUBLIC INTEREST RESEARCH GROUP, LEROY TOWNSEND, Individually and on behalf of other similarly situated, CHERYL BARRECA, CITIZENS FOR CONSUMER JUSTICE, HEALTH CARE FOR ALL, TWIN CITIES BAKERY WORKERS HEALTH AND WELFARE FUND, DONNA KENDALL, MARDOLYN VESCOVI, SUSAN AARONSON, HUNTER G. WALTERS, WISCONSIN CITIZEN ACTION, MURIEL TONACCHIO, LARRY YOUNG, VIRGINIA NEWELL, JAMES MONK, JOSEPH MILLER, NEW YORK STATE WIDE SENIOR ACTION COUNCIL, CYNTHIA BYRSKI, 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, KATHLEEN WEAVER-ZECH, BLUE CROSS/BLUE SHIELD OF MASSACHUSETTS, MAN-U SERVICE CONTRACT TRUST FUND, UNITED FOOD & COMMERCIAL WORKERS UNIONS AND EMPLOYERS MIDWEST HEALTH BENEFITS FUND, SCOTT TELL, ROBERT HOWE, PIRELLI ARMSTRONG RETIREE MEDICAL BENEFITS TRUST, ROGER CLARK, SUSAN WESSELS, CONSTANCE NELSON, REGINA SHOEMAKER, THERESE SHEPLEY, GEORGE BAKER THOMAS, ORAL RAY ROOTS, ANDREA PALENCIA, ANNA CHOICE, PHILADELPHIA FEDERATION OF TEACHERS HEALTH AND WELFARE FUND, HAROLD L. CARTER, MARY CAUBLE, SANDRA LEEF, CITIZEN ACTION OF NEW YORK, REBECCA HOPKINS, JOYCE DISON, LEROY TOWNSEND, PIPEFITTERS LOCAL 537 TRUST FUNDS, SHEET METAL WORKERS UNION NATIONAL HEALTH FUND, TEAMSTERS HEALTH & WELFARE FUND OF PHILADELPHIA AND VICINITY, WILLIAM BARNEWOLT and TRACY GARCIA |
BRISTOL-MYERS SQUIBB COMPANY |
M. JOYCE HOWE |
ASTRAZENECA PHARMACEUTICAL LP and GLAXOWELLCOME, INC. |
09-1196 |
March 18, 2009 |
U.S. Court of Appeals, First Circuit |
Other |
Docket Report
This docket was last retrieved on July 30, 2012. A more recent docket listing may be available from PACER.
Document Text |
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Archives location information. Transfer Number: PT-276-12-0009. Box Number: 25/193. 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/research/court-records/bankruptcy.html . [09-1196] (BS) [Entered: 07/30/2012 02:19 PM] |
NOTICE of Filing Transcript by Court Reporter Valerie A. O'Hara: Dt. of Proceeding/Hearing: 03/26/2010, Type of Proceeding: Status Conference. In accordance with Judicial Conference Policy, the transcript 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. [09-1196] (MA) [Entered: 04/06/2010 01:32 PM] |
CORRECTED ORDER granting in part and denying in part bill of costs filed by Appellee Leroy Townsend; denying motion to award fees and costs filed by Plaintiff-Appellee. [09-1196] (MA) [Entered: 12/29/2009 03:43 PM] |
ORDER entered by Sandra L. Lynch, Chief Appellate Judge; Juan R. Torruella, Appellate Judge and Jeffrey R. Howard, Appellate Judge granting in part and denying in part bill of costs filed by Appellees Leroy Townsend. [09-1196] (MA) [Entered: 12/28/2009 04:01 PM] |
NOTICE of Filing Transcript. Dt. of Proceeding/Hearing: 12/11/2009, Type of Proceeding: Settlement Hrg, Court Reporter: Marzilli, Lee Alice. 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.. [09-1196] (MA) [Entered: 12/22/2009 03:52 PM] |
ERRATA to opinion (published) [ # 5394968-2 ]. [09-1196] (SBT) [Entered: 12/21/2009 11:43 AM] |
MANDATE Issued. [09-1196] (MA) [Entered: 12/18/2009 09:57 AM] |
DECLARATION of Steve W. Berman in Support of Plaintiffs-Appellees' Reply in Support of Their Motion For Sanctions Under FED. R. App. P. 38 and 28 U.S.C. Sec. 1912. [ # 5400954-2 ]. Certificate of service dated 12/14/2009. [09-1196] (MA) [Entered: 12/14/2009 04:46 PM] |
REPLY filed by Plaintiffs-Appellees in support of their motion for sanctions under Fed. R. App. P. 38 and 28 U.S.C Sec. 1912. [ # 5399725-2 ]. Certificate of service dated 12/14/2009. [09-1196] (MA) [Entered: 12/14/2009 04:43 PM] |
OPPOSITION/RESPONSE filed by Appellant M. Joyce Howe to bill of costs [ # 5396229-2 ]. Certificate of service dated 12/08/2009. [09-1196] (MA) [Entered: 12/09/2009 02:22 PM] |
OPPOSITION/RESPONSE filed by Appellant M. Joyce Howe to motion for sanctions [ # 5396232-2 ]. Certificate of service dated 12/08/2009. [09-1196] (MA) [Entered: 12/09/2009 02:25 PM] |
BILL of Costs filed by Appellee Leroy Townsend requesting costs in the amount of $917.00. Certificate of service dated 11/25/2009. [09-1196] (MA) [Entered: 11/25/2009 03:50 PM] |
MOTION filed by Plaintiffs-Appellees for Sanctions. Certificate of service dated 11/25/2009. [09-1196] (MA) [Entered: 11/25/2009 03:52 PM] |
Declaration of Jennifer Fountain Connolly in Support of Plaintiffs-Appellees' Motion For Sanctions Under FED. R. APP. P. 38 and 28 U.S.C. Sec 1912. [ # 5396232-2 ]. Certificate of service dated 11/25/2009. [09-1196] (MA) [Entered: 11/25/2009 03:57 PM] |
Declaration of Steve W. Berman in Support of Plaintiffs-Appellees' Motion For Sanctions Under FED. R. APP. P. 38 and 28 U.S.C. Sec 1912. [ # 5396232-2 ] Certificate of service dated 11/25/2009. [09-1196]--[Edited 11/25/2009 by MM]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (MA) [Entered: 11/25/2009 03:54 PM] |
OPINION issued by Sandra L. Lynch, Chief Appellate Judge; Juan R. Torruella, Appellate Judge and Jeffrey R. Howard, Appellate Judge. Published. [09-1196] (FJP) [Entered: 11/20/2009 03:09 PM] |
JUDGMENT entered by Sandra L. Lynch, Chief Appellate Judge; Juan R. Torruella, Appellate Judge and Jeffrey R. Howard, Appellate Judge. Affirmed [09-1196] (FJP) [Entered: 11/20/2009 03:12 PM] |
NOTICE of Filing Transcript. Dt. of Proceeding/Hearing: 10/20/2009, Type of Proceeding: Motion Hearing, Court Reporter: Marzilli, Lee Alice. 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.. [09-1196] (MA) [Entered: 10/27/2009 02:34 PM] |
Case argued. Panel: Lynch Chief Appellate Judge, Torruella Appellate Judge, Howard Appellate Judge Arguing Person Information Updated for: Steve W. Berman arguing for Appellees Pipefitters Local 537 Trust Funds and Leroy Townsend; Arguing Person Information Updated for: Donald E. Haviland arguing for Appellant M. Joyce Howe. [09-1196] (LM) [Entered: 10/08/2009 03:33 PM] |
NOTICE of Filing Transcript. Dt. of Proceeding/Hearing: 09/14/2009, Type of Proceeding: Motion Hrg, Court Reporter: Young, Maryanne. 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.. [09-1196] (MA) [Entered: 10/02/2009 03:26 PM] |
ORDER entered by Sandra L. Lynch, Chief Appellate Judge: The appellant's motion to reconsider and vacate this court's prior order that volume III of the appendix remain sealed is denied. Because the appellant's reply brief, which was filed provisionally under seal, contains numerous references to and quotations from volume III of the appendix, the reply brief shall remain sealed as well. [09-1196] (MA) [Entered: 10/01/2009 12:28 PM] |
Public docket note: Appellant's Original motion requesting leave to file reply brief instanter has a rrived today via US mail. [09-1196] (MA) [Entered: 09/29/2009 09:34 AM] |
RESPONSE/OPPOSITION filed by Appellee Leroy Townsend to motion to reconsider order [ # 5378913-2 ]. Certificate of service dated 09/29/2009. [09-1196] (MA) [Entered: 09/29/2009 04:36 PM] |
DECLARATION of Jennifer Fountain Connolly. Certificate of service dated 09/29/2009. [09-1196] (MA) [Entered: 09/29/2009 04:37 PM] |
ORDER granting motion to file reply brief instanter filed by Appellant M. Joyce Howe. [09-1196] (MA) [Entered: 09/28/2009 02:52 PM] |
REPLY BRIEF filed by Appellant M. Joyce Howe (******UNDER SEAL******). Number of paper copies: 9. Certificate of service dated 09/23/2009. [09-1196]--[Edited 10/01/2009 by MM]. CLERK'S NOTE: This docket entry was edited to modify the docket text. (MA) [Entered: 09/28/2009 03:27 PM] |
CERTIFICATE of Service regarding September 23, 2009 Filings filed by Attorney Donald E. Haviland for Appellant M. Joyce Howe. [09-1196] (MA) [Entered: 09/29/2009 08:41 AM] |
PLEADING Tendered: "PROVISIONALLY TENDERED UNDER SEAL" Reply Brief (9 paper copies, 1 CD-ROM) provisionally filed under seal filed by Appellant M. Joyce Howe. Certificate of service was not included. [09-1196] (BLC) [Entered: 09/24/2009 11:58 AM] |
MOTION filed by Appellant M. Joyce Howe to file reply brief instanter. Certificate of service dated 09/24/2009. [09-1196] (MA) [Entered: 09/24/2009 02:20 PM] |
MOTION filed by Appellant M. Joyce Howe to reconsider and vacate this court's sealing order dated September 14, 2009, and for order of unsealing. Certificate of service dated 09/23/2009. [09-1196] (MA) [Entered: 09/24/2009 12:06 PM] |
MOTION filed by Appellant M. Joyce Howe for determination of propriety of filing under seal. Certificate of service dated 09/23/2009. [09-1196] (MA) [Entered: 09/24/2009 02:28 PM] |
CERTIFICATE of Service regarding Appellant's Reply Brief filed by Attorney Donald E. Haviland for Appellant M. Joyce Howe. [09-1196] (MA) [Entered: 09/24/2009 02:30 PM] |
ORDER granting motion to file supplemental appendix filed by Appellees Leroy Townsend. [09-1196] (MA) [Entered: 09/17/2009 08:58 AM] |
SUPPLEMENTAL APPENDIX filed by Appellee Leroy Townsend. Volumes: 3. Copies: 5. Certificate of service dated 09/14/2009. [09-1196] (MA) [Entered: 09/17/2009 09:01 AM] |
MOTION filed by Appellee Leroy Townsend to file supplemental appendix. Certificate of service dated 09/16/2009. [09-1196] (MA) [Entered: 09/17/2009 08:50 AM] |
BRIEF filed by Appellee Leroy Townsend. Length: 63 pages, 14,000 words. Copies: 11. Certificate of service (mailed) dated 09/14/2009.. [09-1196] (BLC) [Entered: 09/15/2009 02:56 PM] |
ORDER entered by Sandra L. Lynch, Chief Appellate Judge: After the appellant filed volume III of her appendix "provisionally under seal," we ordered class counsel or any other party that seeks to have volume III sealed to file a motion to that effect. In response to that order, class counsel asked that most of the documents contained in volume III be stricken from the appellate record on the ground that they contain attorney work product. Alternatively, class counsel requested that the documents containing attorney work product be filed under seal. The request to strike documents contained in volume III is denied. All of the documents contained therein are part of the district court record and are therefore properly part of the record on appeal. See Fed. R. App. P. 10(a)(1). However, as far as we have been able to determine, all of the documents contained in volume III were either heavily redacted or filed under seal in the district court. Therefore, volume III shall remain sealed in this court. See 1st Cir. R. 11.0(c)(1). [09-1196] (MA) [Entered: 09/14/2009 02:35 PM] |
PLEADING Tendered: Supplemental Appendix (3 volumes, 5 copies) filed by Appellee Leroy Townsend. Certificate of service (mailed) dated 09/14/2009. [09-1196] (BLC) [Entered: 09/15/2009 03:00 PM] |
ELECTRONIC Document containing Appellee's Brief filed by Appellees Leroy Townsend. [09-1196] (BLC) [Entered: 09/15/2009 02:57 PM] |
INFORMATIVE NOTICE filed by the US Court of Appeals For the Federal Circuit. Certificate of service was not included. [09-1196] (MA) [Entered: 09/18/2009 11:48 AM] |
APPENDIX filed by Appellant M. Joyce Howe. Volume 3. Copies: 5. (****Filed UNDER SEAL*****) Certificate of service dated 08/21/2009. [09-1196] (MA) [Entered: 09/30/2009 03:48 PM] |
MOTION filed by the Class appellee, requesting that Appendix Volume 3 be filed under seal. Certificate of service dated 09/08/2009. [09-1196] (LB) [Entered: 09/10/2009 02:11 PM] |
DESIGNATION form filed. Arguing Person Information Updated for: Donald E. Haviland arguing for Appellant M. Joyce Howe. [09-1196] (LM) [Entered: 09/10/2009 08:26 PM] |
DESIGNATION form filed. Arguing Person Information Updated for: Steve W. Berman arguing for Class Plaintiffs, Appellees. [09-1196] (LM) [Entered: 09/03/2009 01:57 PM] |
ELECTRONIC Document containing Appellant's Brief filed by Appellant M. Joyce Howe. [09-1196] (MA) [Entered: 09/01/2009 09:46 AM] |
Case calendared: 10/08/2009 Boston, MA Panel Courtroom. Designation form due 09/11/2009. [09-1196] (LM) [Entered: 08/28/2009 11:25 AM] |
ORDER: The appellant, M. Joyce Howe, filed volume III of her appendix "provisionally under seal" along with a "Motion for a Determination of Propriety of Filing 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). The appellant, who does not believe that the documents contained in volume III 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 III sealed, is ordered to file a motion to that effect, in accordance with 1st Cir. R. 11.0(c), within 14 days of this order. In the absence of such a motion by that date, appendix volume III will be unsealed. So ordered. [09-1196] (MA) [Entered: 08/27/2009 09:55 AM] |
APPENDIX filed by Appellant M. Joyce Howe. Volumes: 2. Copies: 5. Certificate of service (mailed) dated 08/21/2009. [09-1196] (RL) [Entered: 08/25/2009 08:42 AM] |
BRIEF filed by Appellant M. Joyce Howe. Length: 46 pages, 10,741 words. Copies: 10. Certificate of service (mailed) dated 08/21/2009.. [09-1196] (RL) [Entered: 08/25/2009 08:40 AM] |
PLEADING Tendered: appendix (volume number 3; provisionally filed "UNDER SEAL") filed by Appellant M. Joyce Howe. Certificate of service (mailed) dated 08/21/2009. [09-1196] (RL) [Entered: 08/25/2009 08:44 AM] |
MOTION filed by Appellant M. Joyce Howe for determination of propriety of filing under seal. Certificate of service dated 08/21/2009. [09-1196] (MA) [Entered: 08/25/2009 09:31 AM] |
NON-CONFORMING ELECTRONIC DOCUMENT containing brief filed by Appellant M. Joyce Howe. [09-1196] (RL) [Entered: 08/25/2009 08:47 AM] |
NOTICE of Filing Transcript. Dt. of Proceeding/Hearing: 08/10/2009, Type of Proceeding: Motion Hearing, Court Reporter: Marzilli, Lee Alice. 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.. [09-1196] (MA) [Entered: 08/17/2009 02:31 PM] |
TRANSCRIPT filed. Dt. of Proceeding/Hearing: 08/27/2007, Type of Proceeding: Damages Hrg, Court Reporter: Marzilli, Lee Alice. [09-1196] (MA) [Entered: 08/10/2009 09:14 AM] |
SUPPLEMENTAL Record filed. No. of Volumes: 1, Comments: Doc#4670 (Transcript). [09-1196] (MA) [Entered: 08/10/2009 09:12 AM] |
NOTICE of Filing Transcript. Dt. of Proceeding/Hearing: 06/24/2009, Type of Proceeding: Sched. Conf.. 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.. [08-1190, 09-1196] (****Filed in 09-1196***) (MA) [Entered: 08/06/2009 01:59 PM] |
BRIEFING schedule set. Brief due 09/11/2009 for Appellee MDL Plaintiffs. Reply brief due 09/18/2009 for Appellant Joyce Howe. [09-1196] (MA) [Entered: 07/22/2009 04:01 PM] |
ORDER granting motion to expedite appeal filed by Appellees MDL Plaintiffs. Brief due 08/21/2009 for Appellant Bristol-Myers Squibb Company and Appellant M. Joyce Howe. Appendix due 08/21/2009 for Appellant Bristol-Myers Squibb Company and Appellant M. Joyce Howe. [09-1196] (MA) [Entered: 07/22/2009 03:06 PM] |
MOTION filed by Appellees MDL Class Plaintiffs to expedite briefing. Certificate of service dated 07/15/2009. [09-1196] (MA) [Entered: 07/15/2009 02:28 PM] |
NOTICE of Filing Transcript. Dt. of Proceeding/Hearing: 07/08/2009, Type of Proceeding: Motion Hrg. , Court Reporter: Marzilli, Lee Alice. 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.. [09-1196] (MA) [Entered: 07/14/2009 04:10 PM] |
NOTICE of Filing Transcript. Dt. of Proceeding/Hearing: 05/28/2009, Type of Proceeding: Summary Jmt Hrg., Court Reporter: Marzilli, Lee Alice. 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.. [09-1196] (MA) [Entered: 06/08/2009 02:24 PM] |
NOTICE of Filing Transcript. Dt. of Proceeding/Hearing: 05/28/2009, Type of Proceeding: Status Hearing, Court Reporter: Marzilli, Lee Alice. 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.. [09-1196] (MA) [Entered: 06/05/2009 02:31 PM] |
INFORMATIVE MOTION filed by Attorney Kimberly D. Harris for Appellee Astrazeneca Pharmaceuticals LP: Notice of withdrawal of appearance. Certificate of service was not included. [09-1196] (MA) [Entered: 05/27/2009 09:40 AM] |
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: 04/27/2009, Type of Proceeding: Settlement Hearing , Court Reporter: Marzilli, Lee Alice. 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.. [09-1196] (MA) [Entered: 05/13/2009 09:18 AM] |
NOTICE of Filing Transcript. Dt. of Proceeding/Hearing: 04/16/2009, Type of Proceeding: Motion Hearing, Court Reporter: Marzilli, Lee Alice. 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.. [09-1196] (MA) [Entered: 04/27/2009 09:01 AM] |
Public docket note: Case Opening Forms sent on 3/18/09 for Attorney Jared D. Rodrigues and Stephen D. Libowsky returned. Forwarding Address is Unknown. [09-1196] (MA) [Entered: 04/21/2009 10:01 AM] |
Public docket note: Attoreny Gavin G. Jangard: Mail Returned. No available fowarding address. [09-1196] (MA) [Entered: 04/17/2009 12:42 PM] |
Mail returned as undeliverable to Evan D. Buxner for - All Plaintiffs and John A. McDonald for Not Party B. Braun Medical Inc.. Copy of 3/18/09 Case Opening Forms. Forwarding address unknown. [09-1196] (MA) [Entered: 04/14/2009 07:36 AM] |
TRANSCRIPT Report/Order Form filed by Appellees Blue Cross/Blue Shield of Massachusetts, Pipefitters Local 537 Trust Funds, Sheet Metal Workers Union National Health Fund and Leroy Townsend. Transcript of 7/6/06 Hearing , 5/9/07 Status Conference already filed in district court. [09-1196] (MA) [Entered: 04/10/2009 08:53 AM] |
NOTICE of Change of Address filed by Attorney David S. Nalven for - Government Employees Hospital Association. New address: Hagen Berman Sobol Shapiro LLP, 1 Main Street, 4th Floor, Boston, MA 02142. [09-1196] (MA) [Entered: 04/14/2009 07:47 AM] |
Mail returned as undeliverable to Anthony Bolognese for - United Food & Commercial Workers Unions and Employers Midest Health Benefits Fund and Lisa Colcock Phelan for Not Parties Baxter Healthcare Corporation and Baxter Pharmaceutical Products, Inc.. Copy of 3/18/09 Case Opening Forms. Forwarding address unknown. [09-1196] (MA) [Entered: 04/07/2009 09:53 AM] |
Mail returned as undeliverable to Attorney David S. Nalven for - Government Employees Hospital Association. Copy of 3/18/09 Case Opening Forms. Forwarding address unknown. [09-1196] (MA) [Entered: 04/07/2009 09:55 AM] |
Mail returned as undeliverable to Attorney Zoe Philippides for Not Party Immunex Corporation. Copy of 3/18/09 Case Opening Forms. [09-1196] (MA) [Entered: 04/06/2009 02:54 PM] |
Mail returned as undeliverable to Attorney Peter D. St. Phillip for Not Parties Aetna, Inc., Connecticut General Life Insurance Company and Humana, Inc.. Copy of 3/18/09 Case Opening Forms. Forwarding address unknown. [09-1196] (MA) [Entered: 04/06/2009 02:57 PM] |
DESIGNATION OF COUNSEL filed by Attorney Michael DeMarco for Sanofi Aventis. Certificate of service dated 04/03/2009. [09-1196] (MA) [Entered: 04/07/2009 09:41 AM] |
Public docket note: Dupicative Show Cause Response Filed by Attorney Donald E. Haviland on behalf of Appellant M. Joyce Howe has arrived today via US mail. [09-1196] (MA) [Entered: 04/02/2009 12:34 PM] |
NOTICE given by Attorney R. James De Rose for Not Party Apotex, Inc. that an appearance will not be filed. [09-1196] (MA) [Entered: 04/02/2009 02:58 PM] |
ORDER regarding Show Cause Response filed by Appellant M. Joyce Howe. [09-1196] (MA) [Entered: 04/02/2009 03:11 PM] |
NOTICE of Appearance filed by Gejaa T. Gobena for Not Party US and George Bunsen Henderson, II for Not Party US. [09-1196] (MA) [Entered: 04/01/2009 03:04 PM] |
NOTICE given by Attorney Eric Fleisig-Greene, Esq. for Not Party US that an appearance will not be filed. [09-1196] (MA) [Entered: 04/01/2009 12:09 PM] |
NOTICE of Appearance filed by Mr. Thomas Jefferson Bone, III, Sarah E. Cooleybeck, Kimberly D. Harris, Donald R. Ware and D. Scott Wise for Appellee Astrazeneca Pharmaceuticals LP. [09-1196] (MA) [Entered: 04/02/2009 12:17 PM] |
MOTION IN COMPLIACE with the court's 3/18/09 order filed by AstraZeneca Pharmaceutical LP designating Attorney D. Scott Wise as lead counsel. Certificate of service dated 04/01/2009. [09-1196] (MA) [Entered: 04/02/2009 12:28 PM] |
NOTICE of Appearance filed by Joshua Anderson, Mr. Thomas Jefferson Bone, III, Mark Edmonde Haddad and Nicholas C. Theodorou for Appellee Astrazeneca Pharmaceuticals LP. [09-1196] (MA) [Entered: 04/02/2009 12:24 PM] |
NOTICE given by Attorney James C. Burling for Not Parties American Bioscience, Inc. and American Home Products Corp. that an appearance will not be filed. [09-1196] (MA) [Entered: 03/31/2009 02:11 PM] |
Mail returned as undeliverable to Susan E. MacMenamin for - Twin Cities Bakery Workers Health and Welfare Fund and Appellee Pipefitters Local 537 Trust Funds, David Woodward for - Twin Cities Bakery Workers Health and Welfare Fund, Neil Alden for Not Party Baxter Healthcare Corporation, Curtis Bergen for Not Party Baxter Healthcare Corporation, Todd S. Garber for Not Parties Aetna, Inc., Connecticut General Life Insurance Company and Humana, Inc., Terry Klein for Not Party Fugisawa Healthcare, Inc., Nancy L. Newman for Not Party Alpha Therapeutics Corporation, Lisa Colcock Phelan for Not Parties Baxter Healthcare Corporation and Baxter Pharmaceutical Products, Inc., Paul J. Riehle for Not Party Oncology Therapeutics Network Corp., Robert Taylor-Manning for Not Party City of New York and Captioned New York Counties, The and Dana George Toole for Not Parties Schering Plough Corp and Warrick Pharmaceuticals Corporation. Copy of 3/18/09 Case Opening Forms. Forwarding address unknown. [09-1196] (MA) [Entered: 03/31/2009 09:55 AM] |
Mail returned as undeliverable to Zachary N. Coseglia for Not Parties Berlax Laboratories, Inc. and Sepracor Inc. and Jeffrey A. Miller for Not Party Biovail Pharmaceuticals, Inc.. Copy of 3/18/09 Case Opening Forms. Forwarding address unknown. [09-1196] (MA) [Entered: 03/31/2009 02:16 PM] |
NOTICE of Appearance filed by Donald E. Haviland for Appellant M. Joyce Howe and Michael Lorusso for Appellant M. Joyce Howe. [09-1196] (MA) [Entered: 03/31/2009 02:57 PM] |
DOCKETING Statement filed by Appellant M. Joyce Howe. [09-1196] (MA) [Entered: 03/31/2009 02:59 PM] |
SHOW Cause Response filed by Appellant M. Joyce Howe. Certificate of service dated 03/27/2009. [09-1196] (MA) [Entered: 04/01/2009 08:46 AM] |
Mail returned as undeliverable to Attorney M. James Lorenz for - State of CA. Copy of 3/18/09 Case Opening Forms. Forwarding address unknown. [09-1196] (MA) [Entered: 03/30/2009 10:04 AM] |
Mail returned as undeliverable to Nicole Y. Brumsted for - Wisconsin Citizen Action, Masspirg, Massachusetts Senior Action Council, Health Care For All, Colorado Progressive Coalition, Citizens for Consumer Justice, New Jersey Citizen Action, Florida Alliance for Retired Americans, Vermont Public Interest Research Group, New York State Wide Senior Action Council, Minnesota Senior Federation, Pennsylvania Alliance For Retired Americans, West Virginia Citizen Action and Not Parties Minnesota Senior Federation, Wisconsin Citizen Action, New Jersey Citizen Action, New York State Wide Senior Action Council, Masspirg, Massachusetts Senior Action Council, Colorado Progressive Coalition, West Virginia Citizen Action, Florida Alliance for Retired Americans, Pennsylvania Alliance For Retired Americans and Vermont Public Interest Research Group, Daniel E. Gustafson for - Action Alliance of Senior Citizens of Greater Philadelphia and United Food & Commercial Workers Unions and Employers Midest Health Benefits Fund, Samuel D. Heins for - Twin Cities Bakery Workers Health and Welfare Fund and Appellee Pipefitters Local 537 Trust Funds, Carol A. Mager for - Ven-A-Care of the Florida Keys, Inc., Brian L. Williams for - Twin Cities Bakery Workers Health and Welfare Fund, Melissa M. Longo for Not Party Ethex Corporation, Oliver Metzger for Not Party Purdue Pharma L.P., Michael R. Plummer for Not Party Mylan Laboratories, Inc., Carl Rychcik for Not Party Mylan Laboratories, Inc., Kent M. Williams for Not Party Susan Aaronson and Michelle L. Younkin for Not Party Oncology Therapeutics Network Corp.. Copy of 3/18/09 Case Opening Forms. Forwarding address unknown. [09-1196] (MA) [Entered: 03/30/2009 03:01 PM] |
NOTICE of Appearance filed by Jennifer F. Connolly and Kenneth A. Wexler MDL Plaintiffs. [09-1196] (MA) [Entered: 03/31/2009 11:07 AM] |
NOTICE of Appearance filed by Attorney Steve W. Berman for - MDL Plaintiffs (***Please See Attached List***) [09-1196] (MA) [Entered: 03/31/2009 10:20 AM] |
NOTICE given by Attorney Jeffrey L. Kodroff for Not Party Teamsters Health & Welfare Fund of Philadelphia and Vicinity that an appearance will not be filed. [09-1196] (MA) [Entered: 03/31/2009 02:22 PM] |
MOTION IN COMPLIACE with the court's March 18, 2009 Order designating counsel Attorneys' Michael DeMarco, David M. Glynn , Michael L. Koon and James P. Muehlberger for Sanofi Aventis to recieve notice of all court notices and orders. Certificate of service dated 03/30/2009. [09-1196] Certificate of service dated 03/30/2009. [09-1196] (MA) [Entered: 04/01/2009 11:30 AM] |
Notice of Designation of Counsel Puursuant to the court's 03/18/09 order filed by Attorney Donald E. Haviland for Appellant M. Joyce Howe. Certificate of service dated 03/23/2009. [09-1196] (MA) [Entered: 03/26/2009 02:12 PM] |
Public docket note: Notice filed by Attorney Seughwan Kim informing the court that she will not be a participating party to this appeal but would like to liason counsel and receive notices for Dey Inc. [09-1196] (MA) [Entered: 03/26/2009 09:55 AM] |
NOTICE given by Attorney Peter A. Mullin for Not Party Commonwealth of Massachusetts that an appearance will not be filed. [09-1196] (MA) [Entered: 03/26/2009 09:51 AM] |
NOTICE given by Attorney Seunghwan W. Kim for Not Parties Dey, Inc. and Dey L.P. that an appearance will not be filed. [09-1196] (MA) [Entered: 03/26/2009 09:57 AM] |
MOTION in Compliance with the court's 3/18/09 Orderfiled by Attorney Steve W. Berman for Class Action Plaintiffs. Attoreny Berman to receive notices and orders. Certificate of service dated 03/20/2009. [09-1196] (MA) [Entered: 03/24/2009 09:54 AM] |
NOTICE of Filing Transcript. Dt. of Proceeding/Hearing: 02/12/2009, 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 05/18/2009 from Court Reporter Lee Marzilli. [09-1196] (MA) [Entered: 03/18/2009 11:43 AM] |
RECORD filed. No. of Volumes: 1, Comments: Docs#4879, 5218, 5219, 5221, 5222, 5223, 5624, 5775, 5854, 5802. [09-1196] (MA) [Entered: 03/18/2009 11:42 AM] |
ORDER to Show Cause entered directing appellant to show cause why this appeal should not be dismissed for lack of jurisdiction. Show cause response due 04/01/2009. [09-1196] (MA) [Entered: 03/18/2009 01:31 PM] |
TRANSCRIPT Report/Order Form filed by Appellant M. Joyce Howe. (****SEE ATTACHED LIST*****) Transcripts already filed in district court. [09-1196] (Pleading Originally filed on 02/09/2009) (MA) [Entered: 03/19/2009 09:54 AM] |
CIVIL CASE docketed. Notice of appeal (doc. #5854) filed by Appellant M. Joyce Howe. Opening forms sent. Docketing Statement due 04/01/2009. Transcript Report/Order form due 04/01/2009. Appearance form due 04/01/2009. [09-1196] (MA) [Entered: 03/18/2009 10:21 AM] |
ORDER: Dorecting parties to designate lead and/or liaison counsel upon whom all court notices and orders should be served. [09-1196] (MA) [Entered: 03/18/2009 01:37 PM] |
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