United Food & Comm. Workers, et al v. Novartis Pharm., et al
| UNITED FOOD & COMMERCIAL WORKERS UNIONS AND EMPLOYERS MIDWEST HEALTH BENEFITS FUND, LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, on behalf of themselves and others similarly situated, AFSCME HEALTH AND WELFARE FUND, on behalf of themselves and others similarly situated, LOUISIANA HEALTH SERVICE & INDEMNITY COMPANY, on behalf of themselves and others similarly situated, d/b/a Blue Cross and Blue Shield of Louisiana, MINNESOTA LABORERS HEALTH AND WELFARE FUND, on behalf of themselves and others similarly situated and PENNSYLVANIA EMPLOYEES BENEFIT TRUST FUND, on behalf of themselves and others similarly situated |
| NOVARTIS PHARMACEUTICALS CORP., NOVARTIS CORPORATION and NOVARTIS AG |
| OPEN MARKETS INSTITUTE |
| 17-1714 |
| July 19, 2017 |
| U.S. Court of Appeals, First Circuit |
| Antitrust |
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| Document Text |
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| MANDATE issued. [17-1714, 17-1776] (MNH) [Entered: 10/12/2018 11:44 AM] |
ORDER entered by Sandra L. Lynch, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and David J. Barron, Appellate Judge: Plaintiffs - Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund, and RXDN, Inc.'s Petition for Panel Rehearing is denied. [17-1714, 17-1776] (MNH) [Entered: 10/04/2018 11:47 AM]
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| AMICUS CURIAE BRIEF filed by Amicus Curiae Open Markets Institute in 17-1714, 17-1776. Certificate of service dated 09/21/2018. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 10/09/2018 . [17-1714, 17-1776] (MNH) [Entered: 10/02/2018 11:08 AM] |
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ORDER entered by David J. Barron, Appellate Judge: Movant Open Markets Institute's opposed motion for leave to file an amicus brief in support of Plaintiffs-Appellants' petition for panel rehearing is granted. The amicus brief is accepted for filing on this date. [17-1714, 17-1776] (MNH) [Entered: 10/02/2018 11:05 AM]
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| RESPONSE filed by Appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation in 17-1714, 17-1776 to motion [ # 6199892-2 ]. Certificate of service dated 10/01/2018. [17-1714, 17-1776] (WSP) [Entered: 10/01/2018 05:00 PM] |
| MOTION for leave to file amicus curiae brief in support of Appellant filed by Movant(s) Open Markets Institute. Certificate of service dated 09/21/2018. [17-1714, 17-1776] (AAS) [Entered: 09/21/2018 02:39 PM] |
| NOTICE of appearance filed by Attorney Andrew Arthur Schmidt for Movant Open Markets Institute in 17-1714, 17-1776. [17-1714, 17-1776] (MNH) [Entered: 09/21/2018 03:20 PM] |
| CORPORATE disclosure statement filed by Movant Open Markets Institute in 17-1714, 17-1776. Certificate of service dated 09/21/2018. [17-1714, 17-1776] (MNH) [Entered: 09/21/2018 04:37 PM] |
| PETITION for panel rehearing filed by Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund in 17-1714, Appellant RXDN, Inc. in 17-1776. Certificate of service dated 09/14/2018. [17-1714, 17-1776] (TMS) [Entered: 09/14/2018 02:25 PM] |
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ORDER entered by David J. Barron, Appellate Judge: Upon consideration of motion, Plaintiffs-Appellants United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund, AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund, and RXDN, Inc.'s deadline to file a petition for rehearing and/or rehearing en banc is extended through and including September 14, 2018 . [17-1714, 17-1776] (MNH) [Entered: 08/29/2018 02:35 PM]
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| MOTION to extend time to file a petition for rehearing filed by Appellants United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund, AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund and Pennsylvania Employees Benefit Trust Fund in 17-1714, Appellant RXDN, Inc. in 17-1776. Certificate of service dated 08/24/2018. [17-1714, 17-1776] (TMS) [Entered: 08/24/2018 04:08 PM] |
| OPINION issued by Sandra L. Lynch, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and David J. Barron, Appellate Judge. Published. [17-1714, 17-1776] (MNH) [Entered: 08/21/2018 11:01 AM] |
| JUDGMENT entered: This cause came on to be heard on appeal from the United States District Court for the District of Massachusetts and was argued by counsel. Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The judgments of the district court in both actions are affirmed. [17-1714, 17-1776] (MNH) [Entered: 08/21/2018 11:04 AM] |
| RESPONSE to citation of supplemental authorities pursuant to Fed. R. App. P. 28(j) [ # 6168899-2 ] filed by Appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation in 17-1714, 17-1776. Certificate of service dated 05/11/2018. [17-1714, 17-1776] (WSP) [Entered: 05/11/2018 05:23 PM] |
| CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellants United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund, Pennsylvania Employees Benefit Trust Fund, Minnesota Laborers Health and Welfare Fund, Louisiana Health Service & Indemnity Company, Laborers Health and Welfare Trust Fund for Northern California and AFSCME Health and Welfare Fund in 17-1714, Appellant RXDN, Inc. in 17-1776. Certificate of service dated 05/09/2018. [17-1714, 17-1776] (TMS) [Entered: 05/09/2018 05:34 PM] |
| As directed at oral argument, the parties may file letters pursuant to Local Rule 28(j). [17-1714, 17-1776] (DJT) [Entered: 05/08/2018 02:48 PM] |
| CASE argued. Panel: Sandra L. Lynch, Appellate Judge; William J. Kayatta, Jr., Appellate Judge and David J. Barron, Appellate Judge. Arguing attorneys: Thomas M. Sobol for United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund and Laborers Health and Welfare Trust Fund for Northern California and Saul P. Morgenstern for Novartis Corporation and Novartis Pharmaceuticals Corporation in 17-1714, Saul P. Morgenstern for Novartis Corporation and Novartis Pharmaceuticals Corporation in 17-1776. [17-1714, 17-1776] (DJT) [Entered: 05/08/2018 02:45 PM] |
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ORDER granting motion for leave to file notice of appearance filed by Appellant RXDN, Inc.. [17-1776, 17-1714] (DJT) [Entered: 04/20/2018 09:46 AM]
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| NOTICE of appearance filed by Attorney John D. Radice for Appellant RXDN, Inc. in 17-1776. Certificate of service dated 04/17/2018. [17-1776, 17-1714] (DJT) [Entered: 04/20/2018 09:52 AM] |
| MOTION requesting leave for Attorney John D. Radice to enter an appearance filed by Appellant RXDN, Inc. in 17-1776. Certificate of service dated 04/17/2018. [17-1776, 17-1714] (NR) [Entered: 04/17/2018 06:16 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Thomas M. Sobol for Appellants Laborers Health and Welfare Trust Fund for Northern California and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund. Certificate of service dated 04/10/2018. [17-1714] (TMS) [Entered: 04/10/2018 12:20 PM] |
| DESIGNATION of attorney presenting oral argument filed by Attorney Saul P. Morgenstern for Appellees Novartis Corporation and Novartis Pharmaceuticals Corporation in 17-1714, Attorney Saul P. Morgenstern for Appellees Novartis Pharmaceuticals Corporation and Novartis Corporation in 17-1776. Certificate of service dated 04/10/2018. [17-1714, 17-1776] (WSP) [Entered: 04/10/2018 02:22 PM] |
| CASE calendared: Tuesday, 05/08/2018 AM Boston, MA Panel Courtroom. Designation form due 04/11/2018. [17-1714, 17-1776] (DJT) [Entered: 03/28/2018 12:09 PM] |
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ORDER entered by Sandra L. Lynch, Appellate Judge: Appellants' motion to reschedule the date for oral argument is granted. The above noted matter will now be called for oral argument on Tuesday, May 8, 2018 at 9:30 a.m. [17-1714, 17-1776] (DJT) [Entered: 03/01/2018 01:01 PM]
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| ASSENTED TO MOTION to reschedule oral argument filed by Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund in 17-1714, Appellant RXDN, Inc. in 17-1776. Certificate of service dated 02/28/2018. [17-1714, 17-1776] (TMS) [Entered: 02/28/2018 07:44 PM] |
| CASE calendared: Tuesday, 04/03/2018 Boston, MA Panel Courtroom. Attorney Check-in 10:00 AM. Court begins at 10:30 AM. Designation form due 03/12/2018. [17-1714, 17-1776]- -[Edited 02/26/2018 by DT] (DJT) [Entered: 02/26/2018 03:00 PM] |
| NINE (9) paper copies of reply brief [ # 6151764-2 ] submitted by Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund in 17-1714. [17-1714, 17-1776] (LIM) [Entered: 02/22/2018 04:43 PM] |
| REPLY BRIEF filed by Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund in 17-1714, Appellant RXDN, Inc. in 17-1776. Certificate of service dated 02/16/2018. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 02/27/2018 . [17-1714, 17-1776] (EP) [Entered: 02/20/2018 10:55 AM] |
| BRIEF tendered by Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund in 17-1714, Appellant RXDN, Inc. in 17-1776. [17-1714, 17-1776] (TMS) [Entered: 02/16/2018 06:00 PM] |
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ORDER entered by Jeffrey R. Howard, Chief Appellate Judge: Plaintiffs-appellants have filed a request for an extension of time to submit an oversized, consolidated reply brief. Upon consideration, the motion is allowed, and plaintiffs-appellants shall have until February 16, 2018, to tender a consolidated reply brief containing no more than ten thousand words. [17-1714, 17-1776] (MNH) [Entered: 02/07/2018 09:21 AM]
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| NINE (9) paper copies of appellee/respondent brief [ # 6147129-2 ] submitted by Appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation in 17-1714, 17-1776. [17-1714, 17-1776] (LIM) [Entered: 01/31/2018 03:39 PM] |
| ASSENTED TO MOTION to extend time to file reply brief for leave to file joint or consolidated brief filed by Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund in 17-1714, Appellant RXDN, Inc. in 17-1776. Certificate of service dated 01/30/2018. [17-1714, 17-1776] (TMS) [Entered: 01/30/2018 11:26 AM] |
| CORPORATE disclosure statement filed by Appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation in 17-1714, 17-1776. [17-1714, 17-1776] (AP) [Entered: 01/29/2018 04:53 PM] |
| APPELLEES' BRIEF filed by Appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation in 17-1714, 17-1776. Certificate of service dated 01/26/2018. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 02/05/2018 . Reply brief due 02/09/2018 for APPELLANT AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund, United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund and RXDN, Inc.. [17-1714, 17-1776] (AP) [Entered: 01/29/2018 04:52 PM] |
| SUPPLEMENTAL APPENDIX filed by Appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation in 17-1714, 17-1776. Number of volumes: 1. Number of copies: 5. Certificate of service dated 01/26/2018. [17-1714, 17-1776] (EP) [Entered: 01/26/2018 03:08 PM] |
| BRIEF tendered by Appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation in 17-1714, 17-1776. [17-1714, 17-1776] (WSP) [Entered: 01/26/2018 07:37 PM] |
| CORRECTED MOTION for leave to file supplemental appendix filed by Appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation in 17-1714, 17-1776. Certificate of service dated 01/23/2018. [17-1714, 17-1776] (WSP) [Entered: 01/23/2018 01:52 PM] |
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ORDER entered: Upon consideration of appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation's corrected motion for leave to file a supplemental appendix, that motion is allowed. [17-1714, 17-1776] (MNH) [Entered: 01/23/2018 02:49 PM]
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| ASSENTED TO MOTION for leave to file supplemental appendix filed by Appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation in 17-1714, 17-1776. Certificate of service dated 01/22/2018. [17-1714, 17-1776] (WSP) [Entered: 01/22/2018 05:01 PM] |
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ORDER entered by Sandra L. Lynch, Appellate Judge: Appellees' unopposed motion seeking leave to file an oversized, consolidated brief containing up to 20,000 words is granted. [17-1714, 17-1776] (MNH) [Entered: 12/22/2017 04:22 PM]
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| NINE (9) paper copies of appellant/petitioner brief [ # 6139791-2 ] submitted by Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund in 17-1714. [17-1714, 17-1776] (LIM) [Entered: 12/22/2017 08:21 AM] |
| CORPORATE disclosure statement filed by Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund in 17-1714, Appellant RXDN, Inc. in 17-1776. Certificate of service dated 12/13/2017. [17-1714, 17-1776] (EP) [Entered: 12/20/2017 03:30 PM] |
| APPELLANTS BRIEF filed by Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund in 17-1714, Appellant RXDN, Inc. in 17-1776. Certificate of service dated 12/13/2017. Nine paper copies identical to that of the electronically filed brief must be submitted so that they are received by the court on or before 12/27/2017 . [17-1714, 17-1776] (EP) [Entered: 12/20/2017 03:27 PM] |
| BRIEF tendered by Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund in 17-1714, Appellant RXDN, Inc. in 17-1776. [17-1714, 17-1776] (TMS) [Entered: 12/13/2017 01:18 PM] |
| ASSENTED TO MOTION for leave to file joint or consolidated brief, for leave to file oversizedfiled by Appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation in 17-1714, 17-1776. Certificate of service dated 12/08/2017. [17-1714, 17-1776] (WSP) [Entered: 12/08/2017 03:31 PM] |
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ORDER entered: Before the court is the December 4, 2017 joint motion to extend time to file brief filed by Appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation. In light of our December 7, 2017 order directing the appellants to file a compliant brief by December 14, 2017, the instant motion is premature because the time period for filing the appellees' responsive brief has not yet begun to run under Fed. R. App. P. 31(a)(1) and Local Rule 31.0(a)(1)). Nonetheless, Appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation's motion is granted. Appellees' brief is due no sooner than January 26, 2018. [17-1714, 17-1776] (MNH) [Entered: 12/07/2017 01:15 PM]
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ORDER directing Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund in 17-1714, Appellant RXDN, Inc. in 17-1776 to file a conforming brief. Brief due 12/14/2017. [17-1714, 17-1776] (MNH) [Entered: 12/07/2017 11:38 AM]
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| APPENDIX filed by Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund in 17-1714, Appellant RXDN, Inc. in 17-1776. Number of volumes: 2. Number of copies: 10. Certificate of service dated 12/01/2017. [17-1714, 17-1776] (EP) [Entered: 12/05/2017 03:23 PM] |
| JOINT MOTION to extend time to file brief filed by Appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation in 17-1714, 17-1776. Certificate of service dated 12/04/2017. [17-1714, 17-1776] (WSP) [Entered: 12/04/2017 01:04 PM] |
| BRIEF tendered by Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund in 17-1714, Appellant RXDN, Inc. in 17-1776. [17-1714, 17-1776] (TMS) [Entered: 12/01/2017 03:52 PM] |
| PLEADING tendered: APPENDIX filed by Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund. Number of volumes: 2. Number of copies: 10. Certificate of service dated 12/01/2017. [17-1714] (EP) [Entered: 12/01/2017 03:56 PM] |
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ORDER entered by Jeffrey R. Howard, Chief Appellate Judge: Appellants' unopposed joint motion seeking leave to file an oversized, consolidated opening brief containing up to 20,000 words is granted. [17-1714, 17-1776] (MNH) [Entered: 11/17/2017 03:36 PM]
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| ASSENTED TO MOTION for leave to file joint or consolidated brief filed by Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund in 17-1714, Appellant RXDN, Inc. in 17-1776. Certificate of service dated 11/14/2017. [17-1714, 17-1776] (TMS) [Entered: 11/14/2017 04:58 PM] |
| NOTICE of appearance on behalf of Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund filed by Attorney Thomas M. Sobol. Certificate of service dated 11/14/2017. [17-1714] (TMS) [Entered: 11/14/2017 05:01 PM] |
| NOTICE of appearance on behalf of Appellants AFSCME Health and Welfare Fund, Laborers Health and Welfare Trust Fund for Northern California, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund and Pennsylvania Employees Benefit Trust Fund filed by Attorney Hannah W. Brennan. Certificate of service dated 11/14/2017. [17-1714] (HWB) [Entered: 11/14/2017 05:05 PM] |
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ORDER entered by Rogeriee Thompson, Appellate Judge: The Indirect Purchaser Appellants' Unopposed Motion to Amend the Notice of Appeal and the First Circuit Case Caption are provisionally granted, without prejudice to reconsideration by the panel that decides the appeal. The appeal shall proceed with all Plaintiffs listed as Plaintiffs, Appellants, and the parties are directed to use the revised caption that appears at the top of this order. [17-1714, 17-1776] (MNH) [Entered: 10/30/2017 03:14 PM]
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| JOINT MOTION to vacate briefing schedule filed by Appellants Laborers Health and Welfare Trust Fund for Northern California, United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund, Not Parties AFSCME Health and Welfare Fund, Louisiana Health Service & Indemnity Company, Minnesota Laborers Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund and Appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation in 17-1714, Appellees Novartis AG, Novartis Corporation, Novartis Pharmaceuticals Corporation and Appellant RXDN, Inc. in 17-1776. Certificate of service dated 09/27/2017. [17-1714, 17-1776] (TMS) [Entered: 09/27/2017 10:00 AM] |
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ORDER entered: Upon consideration of the parties' joint motion to amend the briefing schedule, it is allowed in part. The deadline for appellants' briefs is extended to and including November 1, 2017. However, appellees' request to extend its principal brief deadline, and appellants' request to extend the reply brief deadlines are both premature. See Fed. R. App. P. 31(a)(1) and 1st Cir. 31.0(a)(1). No brief has yet been accepted for filing, and the time period for filing responsive and reply briefs has not yet begun to run. Accordingly, these requests are denied without prejudice to renewal once appellants' brief, and appellees' brief, are accepted for filing, respectively. [17-1714, 17-1776] (MNH) [Entered: 09/27/2017 01:42 PM]
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| CORRECTED ORDER* entered: Upon consideration of the parties' joint motion to amend the briefing schedule, it is allowed in part. The deadline for appellants' briefs is extended to and including December 1, 2017. However, appellees' request to extend its principal brief deadline, and appellants' request to extend the reply brief deadlines are both premature. See Fed. R. App. P. 31(a)(1) and 1st Cir. 31.0(a)(1). No brief has yet been accepted for filing, and the time period for filing responsive and reply briefs has not yet begun to run. Accordingly, these requests are denied without prejudice to renewal once appellants' brief, and appellees' brief, are accepted for filing, respectively. *This order corrects a deadline set in the earlier order issued on September 27, 2017. [17-1714, 17-1776] (MNH) [Entered: 09/27/2017 02:58 PM] |
| BRIEFING schedule set. Brief and appendix due 11/01/2017 for appellants Laborers Health and Welfare Trust Fund for Northern California and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief, and appellant's reply brief will be due 14 days following service of appellee's brief. [17-1714] (MNH) [Entered: 09/22/2017 09:24 AM] |
| ASSENTED TO MOTION to amend amended notice of appeal [6108246-2], civil case docketed [ # 6107076-2 ] filed by Appellants Laborers Health and Welfare Trust Fund for Northern California and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund in 17-1714. Certificate of service dated 09/22/2017. [17-1714, 17-1776] (TMS) [Entered: 09/22/2017 04:27 PM] |
| MOTION to amend caption filed by Appellants Laborers Health and Welfare Trust Fund for Northern California and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund in 17-1714. Certificate of service dated 09/22/2017. [17-1714, 17-1776] (TMS) [Entered: 09/22/2017 04:30 PM] |
| NOTICE of appearance on behalf of Appellants Laborers Health and Welfare Trust Fund for Northern California and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund filed by Attorney Hannah W. Brennan. Certificate of service dated 09/18/2017. [17-1714] (HWB) [Entered: 09/18/2017 03:27 PM] |
| DOCKETING statement filed by Appellant Direct Purchaser Class Plaintiffs in 17-1776. Certificate of service dated 09/07/2017. [17-1776, 17-1714] (NR) [Entered: 09/07/2017 10:02 AM] |
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ORDER entered by Jeffrey R. Howard, Chief Appellate: Appellees' "Unopposed Motion to Consolidate Related Appeals" is granted. [17-1714, 17-1776] (MNH) [Entered: 08/31/2017 01:40 PM]
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| ASSENTED TO MOTION to consolidate cases filed by Appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation. Certificate of service dated 08/21/2017. [17-1714] (WSP) [Entered: 08/21/2017 11:46 AM] |
| NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Jonathan D. Karmel for United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund, Bethany R. Turke for United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund, Matthew Gibbs for Novartis Corporation and Novartis Pharmaceuticals Corporation, Katherine O'Brien for Novartis Corporation and Novartis Pharmaceuticals Corporation, Karen H. Riebel for Minnesota Laborers Health and Welfare Fund, David Scott Scalia for Louisiana Health Service Indemnity Company and Heidi M. Silton for Minnesota Laborers Health and Welfare Fund. [17-1714] (MNH) [Entered: 08/18/2017 09:33 AM] |
| NOTICE of appearance on behalf of Appellee Novartis AG filed by Attorney Jessica Kaufman. Certificate of service dated 08/10/2017. [17-1714] (JLK) [Entered: 08/10/2017 02:51 PM] |
| NOTICE of appearance on behalf of Appellee Novartis AG filed by Attorney Grant J. Esposito. Certificate of service dated 08/10/2017. [17-1714] (GJE) [Entered: 08/10/2017 02:45 PM] |
| Mail returned as undeliverable to Attorney Michael Gilman Stewart for Appellants United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund and Laborers Health and Welfare Trust Fund for Northern California. Copy of Case Opening Notice issued on July 19, 2017. Forwarding address unknown. [17-1714] (AMM) [Entered: 08/08/2017 11:17 AM] |
| NOTICE of appearance on behalf of Appellees Novartis Corporation and Novartis Pharmaceuticals Corporation filed by Attorney David K. Barr. Certificate of service dated 08/08/2017. [17-1714] (DKB) [Entered: 08/08/2017 10:49 AM] |
| NOTICE issued. After 08/17/2017, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: Jonathan D. Karmel for United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund, Hannah Schwarzschild for United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund and Laborers Health and Welfare Trust Fund for Northern California, Bethany R. Turke for United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund, David Barr for Novartis Corporation and Novartis Pharmaceuticals Corporation, Matthew Gibbs for Novartis Corporation and Novartis Pharmaceuticals Corporation, Katherine O'Brien for Novartis Corporation and Novartis Pharmaceuticals Corporation, Karen H. Riebel for Minnesota Laborers Health and Welfare Fund, David Scott Scalia for Louisiana Health Service Indemnity Company, Heidi M. Silton for Minnesota Laborers Health and Welfare Fund, Devona L. Wells for Minnesota Laborers Health and Welfare Fund and Diana J. Zinser for AFSCME Health and Welfare Fund, Minnesota Laborers Health and Welfare Fund and Pennsylvania Employees Benefit Trust Fund. [17-1714] (MNH) [Entered: 08/03/2017 10:02 AM] |
| NOTICE of appearance on behalf of Appellees Novartis Corporation and Novartis Pharmaceuticals Corporation filed by Attorney Laura S. Shores. Certificate of service dated 08/02/2017. [17-1714]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (LSS) [Entered: 08/02/2017 12:28 PM] |
| NOTICE of appearance on behalf of Appellees Novartis Corporation and Novartis Pharmaceuticals Corporation filed by Attorney Saul P. Morgenstern. Certificate of service dated 08/02/2017. [17-1714]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (SPM) [Entered: 08/02/2017 12:20 PM] |
| NOTICE of appearance on behalf of Appellees Novartis Corporation and Novartis Pharmaceuticals Corporation filed by Attorney Mark D. Godler. Certificate of service dated 08/02/2017. [17-1714]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (MDG) [Entered: 08/02/2017 12:35 PM] |
| NOTICE of appearance on behalf of Appellees Novartis Corporation and Novartis Pharmaceuticals Corporation filed by Attorney Alice C.C. Huling. Certificate of service dated 08/02/2017. [17-1714]. CLERK'S NOTE: Docket entry was edited to modify the docket text. (ACH) [Entered: 08/02/2017 12:44 PM] |
| NOTICE of appearance on behalf of Appellees Novartis AG, Novartis Corporation and Novartis Pharmaceuticals Corporation filed by Attorney Wyley S. Proctor. Certificate of service dated 08/02/2017. [17-1714] (WSP) [Entered: 08/02/2017 09:38 PM] |
| NOTICE of appearance on behalf of Appellant United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund filed by Attorney Kenneth A. Wexler. Certificate of service dated 08/01/2017. [17-1714] (KAW) [Entered: 08/01/2017 02:25 PM] |
| NOTICE of appearance on behalf of Appellants Laborers Health and Welfare Trust Fund for Northern California and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund filed by Attorney J. Gerard Stranch, IV. Certificate of service dated 08/01/2017. [17-1714] (JGS) [Entered: 08/01/2017 04:08 PM] |
| NOTICE of appearance on behalf of Appellant United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund filed by Attorney Justin N. Boley. Certificate of service dated 08/01/2017. [17-1714] (JNB) [Entered: 08/01/2017 02:29 PM] |
| NOTICE of appearance on behalf of Appellants Laborers Health and Welfare Trust Fund for Northern California and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund filed by Attorney Joey P. Leniski Jr. Certificate of service dated 08/01/2017. [17-1714] (JPL) [Entered: 08/01/2017 04:36 PM] |
| NOTICE of appearance on behalf of Appellants Laborers Health and Welfare Trust Fund for Northern California and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund filed by Attorney Thomas M. Sobol. Certificate of service dated 07/31/2017. [17-1714] (TMS) [Entered: 07/31/2017 04:50 PM] |
| TRANSCRIPT report/order form filed by Appellants Laborers Health and Welfare Trust Fund for Northern California and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund indicating all necessary transcripts have already been filed in district court. Certificate of service dated 07/31/2017. [17-1714] (TMS) [Entered: 07/31/2017 04:54 PM] |
| DOCKETING statement filed by Appellants Laborers Health and Welfare Trust Fund for Northern California and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund. Certificate of service dated 07/31/2017. [17-1714] (TMS) [Entered: 07/31/2017 04:57 PM] |
| AMENDED notice of appeal (doc. #147) filed by Appellants Laborers Health and Welfare Trust Fund for Northern California and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund on 07/20/2017. [17-1714] (MNH) [Entered: 07/25/2017 10:16 AM] |
| CIVIL CASE docketed. Notice of appeal (doc. #143) filed by Appellants Laborers Health and Welfare Trust Fund for Northern California and United Food & Commercial Workers Unions and Employers Midwest Health Benefits Fund. Docketing Statement, Transcript Report/Order form, and Appearance form due 08/02/2017. [17-1714]. CLERK'S NOTE: Docket entry was edited to attach a missing document. (MNH) [Entered: 07/19/2017 04:07 PM] |
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| Search for this case: United Food & Comm. Workers, et al v. Novartis Pharm., et al | |
|---|---|
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| Plaintiff / appellant: UNITED FOOD & COMMERCIAL WORKERS UNIONS AND EMPLOYERS MIDWEST HEALTH BENEFITS FUND | |
| Represented By: | Justin N. Boley |
| Represented By: | Hannah W. Brennan |
| Represented By: | Kristen Anne Johnson |
| Represented By: | Jonathan D. Karmel |
| Represented By: | Joey P. Leniski Jr. |
| Represented By: | Noah Rosmarin |
| Represented By: | Hannah Schwarzschild |
| Represented By: | Thomas M. Sobol |
| Represented By: | Michael Gilman Stewart |
| Represented By: | James Gerard Stranch IV |
| Represented By: | Bethany R. Turke |
| Represented By: | Michael Joseph Wall |
| Represented By: | Edward A. Wallace |
| Represented By: | Kenneth A. Wexler |
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| Plaintiff / appellant: LABORERS HEALTH AND WELFARE TRUST FUND FOR NORTHERN CALIFORNIA, on behalf of themselves and others similarly situated | |
| Represented By: | Justin N. Boley |
| Represented By: | Hannah W. Brennan |
| Represented By: | Kristen Anne Johnson |
| Represented By: | Joey P. Leniski Jr. |
| Represented By: | Noah Rosmarin |
| Represented By: | Hannah Schwarzschild |
| Represented By: | Thomas M. Sobol |
| Represented By: | Michael Gilman Stewart |
| Represented By: | James Gerard Stranch IV |
| Represented By: | Michael Joseph Wall |
| Represented By: | Edward A. Wallace |
| Represented By: | Kenneth A. Wexler |
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| Plaintiff / appellant: AFSCME HEALTH AND WELFARE FUND, on behalf of themselves and others similarly situated | |
| Represented By: | Jeffrey L. Kodroff |
| Represented By: | John A. Macoretta |
| Represented By: | Noah Rosmarin |
| Represented By: | Adam M. Stewart |
| Represented By: | Diana J. Zinser |
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| Plaintiff / appellant: LOUISIANA HEALTH SERVICE & INDEMNITY COMPANY, on behalf of themselves and others similarly situated, d/b/a Blue Cross and Blue Shield of Louisiana | |
| Represented By: | Noah Rosmarin |
| Represented By: | David Scott Scalia |
| Represented By: | Adam M. Stewart |
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| Plaintiff / appellant: MINNESOTA LABORERS HEALTH AND WELFARE FUND, on behalf of themselves and others similarly situated | |
| Represented By: | Jeffrey L. Kodroff |
| Represented By: | John A. Macoretta |
| Represented By: | Karen H. Riebel |
| Represented By: | Noah Rosmarin |
| Represented By: | Heidi M. Silton |
| Represented By: | Adam M. Stewart |
| Represented By: | Devona L. Wells |
| Represented By: | Diana J. Zinser |
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| Plaintiff / appellant: PENNSYLVANIA EMPLOYEES BENEFIT TRUST FUND, on behalf of themselves and others similarly situated | |
| Represented By: | Jeffrey L. Kodroff |
| Represented By: | John A. Macoretta |
| Represented By: | Noah Rosmarin |
| Represented By: | Adam M. Stewart |
| Represented By: | Diana J. Zinser |
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| Defendant / appellee: NOVARTIS PHARMACEUTICALS CORP. | |
| Represented By: | David K. Barr |
| Represented By: | Matthew Gibbs |
| Represented By: | Mark D. Godler |
| Represented By: | Alice C.C. Huling |
| Represented By: | Saul P. Morgenstern |
| Represented By: | Katherine O'Brien |
| Represented By: | Wyley Sayre Proctor |
| Represented By: | Laura Scott Shores |
| Represented By: | William A. Zucker |
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| Defendant / appellee: NOVARTIS CORPORATION | |
| Represented By: | David K. Barr |
| Represented By: | Matthew Gibbs |
| Represented By: | Mark D. Godler |
| Represented By: | Alice C.C. Huling |
| Represented By: | Saul P. Morgenstern |
| Represented By: | Katherine O'Brien |
| Represented By: | Wyley Sayre Proctor |
| Represented By: | Laura Scott Shores |
| Represented By: | William A. Zucker |
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| Defendant / appellee: NOVARTIS AG | |
| Represented By: | Grant J. Esposito |
| Represented By: | Jessica L. Kaufman |
| Represented By: | Wyley Sayre Proctor |
| Represented By: | William A. Zucker |
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| Amicus curiae: OPEN MARKETS INSTITUTE | |
| Represented By: | Andrew Arthur Schmidt |
| Represented By: | Sandeep Vaheesan |
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