Jessica Penelow, et al v. Janssen Products LP
| JESSICA PENELOW and CHRISTINE BRANCACCIO |
| JANSSEN PRODUCTS LP |
| UNITED STATES OF AMERICA |
| NATIONAL ASSOCIATION OF MANUFACTURERS, WASHINGTON LEGAL FOUNDATION, PHARMACEUTICAL RESEARCH AND MANUFACTURERS OF AMERICA, ADVANCED MEDICAL TECHNOLOGY ASSOCIATION, CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA and AMERICAN TORT REFORM ASSOCIATION |
| ANTI FRAUD COALITION |
| 25-1818 |
| April 29, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Other Statutes: False Claims Act |
Docket Report
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Filing 73
ORDER (HARDIMAN, RESTREPO and PHIPPS, Circuit Judges) The appellants motion is GRANTED as follows. Within seven days of this order, the appellant may file a reply brief containing up to 9500 words. The relators motion to file a sur-reply brief is DENIED. Panel No.: XCO-004. Hardiman, Authoring Judge. (AMR) [Entered: 10/23/2025 09:58 AM]
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| Filing 72 ECF FILER: Reply by Appellant Janssen Products LP to motion, Response. Certificate of Service dated 10/17/2025. Service made by ECF [25-1818] (MWM) [Entered: 10/17/2025 02:26 PM] |
| Filing 71 ECF FILER: Response filed by Appellees Christine Brancaccio and Jessica Penelow to motion to accept noncompliant filing. Certificate of Service dated 10/14/2025. [25-1818] (DCF) [Entered: 10/14/2025 03:20 PM] |
| Filing 70 TEXT ORDER (Clerk) Briefing is hereby stayed pending disposition of Appellant's motion for leave to file reply brief that exceeds word limit. Any response to the motion to exceed must be filed on or before October 17, 2025. (HAG) [Entered: 10/08/2025 08:47 AM] |
| Filing 69 ECF FILER: Motion filed by Appellant Janssen Products LP to accept Reply Brief that is in excess of word limit by 3,000 words. Certificate of Service dated 10/07/2025. Service made by ECF. [25-1818] (MWM) [Entered: 10/07/2025 02:40 PM] |
| Filing 68 HARD COPY RECEIVED from Appellees Christine Brancaccio and Jessica Penelow - Supplemental Appendix. Copies: 4. Volumes: 1 (MCW) [Entered: 10/01/2025 05:53 PM] |
| Filing 67 HARD COPY RECEIVED from Appellees Christine Brancaccio and Jessica Penelow - Brief. Copies: 7. (SJB) [Entered: 10/01/2025 12:33 PM] |
| Filing 66 TEXT ORDER (Clerk) granting motion filed by Appellees Jessica Penelow and Christine Brancaccio for leave to file supplemental appendix, with filing as of September 17, 2025. (ARR) [Entered: 09/30/2025 04:20 PM] |
| Filing 65 HARD COPY RECEIVED from Amicus Appellee Anti Fraud Coalition - Amicus Brief. Copies: 7. (KEL) [Entered: 09/26/2025 03:45 PM] |
| Filing 64 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of The Anti-Fraud Coalition in support of Appellee/Respondent. Certificate of Service dated 09/24/2025 by ECF. F.R.A.P. 29(a) Permission: YES. [25-1818] (JMV) [Entered: 09/24/2025 04:22 PM] |
| Filing 63 COMPLIANCE RECEIVED. Electronic re-filing of Motion for leave to file Supplemental Appendix as a separate pdf transaction received from Appellees Christine Brancaccio and Jessica Penelow. (MCW) [Entered: 09/23/2025 02:46 PM] |
| Filing 62 ECF FILER: ENTRY OF APPEARANCE from Jennifer M. Verkamp on behalf of Amicus Curiae The Anti-Fraud Coalition. [25-1818] (JMV) [Entered: 09/23/2025 11:53 AM] |
| Filing 61 ECF FILER: Motion filed by Appellees Christine Brancaccio and Jessica Penelow to supplement the appendix. Certificate of Service dated 09/23/2025. Service made by ECF. [25-1818] (DCF) [Entered: 09/23/2025 10:19 AM] |
| Filing 60 TEXT ORDER (Clerk) directing Attorney David C. Frederick, Esq., counsel for Appellees, to electronically re-file the Motion for leave to file Supplemental Appendix as a separate pdf transaction on the docket. Due on or before 09/26/2025. (MCW) [Entered: 09/23/2025 09:47 AM] |
| Filing 59 ECF FILER: ELECTRONIC SUPPLEMENTAL APPENDIX on behalf of Appellees Christine Brancaccio and Jessica Penelow. Certificate of service dated 09/17/2025 by ECF. [25-1818] (DCF) [Entered: 09/17/2025 04:58 PM] |
| Filing 58 ECF FILER: ELECTRONIC BRIEF on behalf of Appellees Christine Brancaccio and Jessica Penelow. Certificate of Service dated 09/17/2025 by ECF. [25-1818] (DCF) [Entered: 09/17/2025 04:41 PM] |
| Filing 57 HARD COPY RECEIVED from Intervenor-appellee USA - Amicus Brief with Addendum attached. Copies: 7. (KEL) [Entered: 08/29/2025 11:05 AM] |
| Filing 56 ECF FILER: ELECTRONIC BRIEF with Addendum attached on behalf of Intervenor-appellee USA. Certificate of Service dated 08/27/2025 by ECF. [25-1818] (DW) [Entered: 08/27/2025 04:40 PM] |
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Filing 55
ORDER (CHUNG, Circuit Judges) The foregoing is GRANTED. The United States is permitted to file as an intervenor in support of the appellees and as amicus supporting neither party. The intervenors brief is due August 27, 2025, the Appellees response brief is due September 17, 2025, and the Appellants reply brief is due October 27, 2025. Panel No.: DCO-139. CHUNG, Authoring Judge. (AMR) [Entered: 08/22/2025 03:34 PM]
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Filing 54
ORDER (Clerk) Unopposed Motion by United States of America to Intervene and Modify Briefing Schedule. The foregoing motion is referred to a motions panel. Further briefing is stayed pending disposition of the motion. (AMR) [Entered: 08/13/2025 03:11 PM]
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| Filing 53 Appellees Christine Brancaccio and Jessica Penelow verbally granted an extension of time to file brief until 08/27/2025 pursuant to 3d Cir. L.A.R. 31.4. (AMR) [Entered: 08/08/2025 03:52 PM] |
| Filing 52 HARD COPY RECEIVED from Amicus Appellant Washington Legal Foundation - Amicus Brief. Copies: 7. (PAR) [Entered: 07/24/2025 03:00 PM] |
| Filing 51 HARD COPY RECEIVED from Amicus Appellants Advanced Medical Technology Association and Pharmaceutical Research and Manufacturers of America - Brief with Addendum attached. Copies: 7. (SJB) [Entered: 07/23/2025 11:19 AM] |
| Filing 50 HARD COPY RECEIVED from - Amicus Brief. The Chamber of Commerce of the United States of America and the American Tort Reform Association in Support of Defent-Appellant. Copies: 7. (SJB) [Entered: 07/22/2025 03:39 PM] |
| Filing 49 HARD COPY RECEIVED from Amicus Appellant National Association of Manufacturers - Brief. Copies: 7. (SJB) [Entered: 07/22/2025 12:56 PM] |
| Filing 48 ECF FILER: ENTRY OF APPEARANCE from Joshua J. Fougere on behalf of Amicus Curiae National Association of Manufacturers. [25-1818] (JJF) [Entered: 07/21/2025 05:02 PM] |
| Filing 47 ECF FILER: ENTRY OF APPEARANCE from Kwaku A. Akowuah on behalf of Amicus Curiae National Association of Manufacturers. [25-1818] (KAA) [Entered: 07/21/2025 04:59 PM] |
| Filing 46 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits with Addendum attached on behalf of Pharmaceutical Research and Manufacturers of America, Advanced Medical Technology Association in support of Appellant/Petitioner. Certificate of Service dated 07/21/2025 by ECF. F.R.A.P. 29(a) Permission: YES. [25-1818] (DH) [Entered: 07/21/2025 04:24 PM] |
| Filing 45 ECF FILER: ENTRY OF APPEARANCE from Diana K. Cieslak on behalf of Amicus Curiae Pharmaceutical Research and Manufacturers of America, Advanced Medical Technology Association. [25-1818] (DKC) [Entered: 07/21/2025 04:17 PM] |
| Filing 44 ECF FILER: ENTRY OF APPEARANCE from Douglas Hallward-Driemeier on behalf of Amicus Curiae Pharmaceutical Research and Manufacturers of America, Advanced Medical Technology Association. [25-1818] (DH) [Entered: 07/21/2025 04:15 PM] |
| Filing 43 ECF FILER: ENTRY OF APPEARANCE from Brian A. Kulp on behalf of Amicus Curiae the Chamber of Commerce of the United States of America and the American Tort Reform Association. [25-1818] (BAK) [Entered: 07/21/2025 03:56 PM] |
| Filing 42 ECF FILER: ENTRY OF APPEARANCE from Michael H. McGinley on behalf of Amicus Curiae the Chamber of Commerce of the United States of America and the American Tort Reform Association. [25-1818] (MHM) [Entered: 07/21/2025 03:54 PM] |
| Filing 41 ECF FILER: ENTRY OF APPEARANCE from Steven A. Engel on behalf of Amicus Curiae the Chamber of Commerce of the United States of America and the American Tort Reform Association. [25-1818] (SE) [Entered: 07/21/2025 03:51 PM] |
| Filing 40 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of the Chamber of Commerce of the United States of America and the American Tort Reform Association in support of Appellant/Petitioner. Certificate of Service dated 07/21/2025 by ECF. F.R.A.P. 29(a) Permission: YES. [25-1818] (SE) [Entered: 07/21/2025 03:39 PM] |
| Filing 39 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of National Association of Manufacturers in support of Appellant/Petitioner. Certificate of Service dated 07/21/2025 by ECF. F.R.A.P. 29(a) Permission: YES. [25-1818]--[Edited 07/22/2025 by MS] (KAA) [Entered: 07/21/2025 02:10 PM] |
| Filing 38 ECF FILER: ELECTRONIC AMICUS BRIEF on the merits on behalf of Washington Legal Foundation as amicus curiae in support of Appellant/Petitioner. Certificate of Service dated 07/21/2025 by ECF. F.R.A.P. 29(a) Permission: YES. [25-1818] (CLA) [Entered: 07/21/2025 09:31 AM] |
| Filing 37 ECF FILER: ENTRY OF APPEARANCE from Cory Andrews on behalf of Amicus Curiae Washington Legal Foundation. [25-1818] (CLA) [Entered: 07/21/2025 09:21 AM] |
| Filing 36 HARD COPY RECEIVED from Appellant Janssen Products LP - Joint Appendix. Copies: 4. Volumes: 13 (MCW) [Entered: 07/16/2025 03:40 PM] |
| Filing 35 EXHIBIT [USB Flash Drives] on behalf of Appellant Janssen Products LP. Copies: 2. (PAR) [Entered: 07/16/2025 12:56 PM] |
| Filing 34 HARD COPY RECEIVED from Appellant Janssen Products LP - Brief with Addendum attached. Copies: 7. Received: 8. (PAR) [Entered: 07/16/2025 12:54 PM] |
| Filing 33 ECF FILER: AUDIO/VIDEO SUBMISSION FORM from Attorney Mark W. Mosier, Esq. for Appellant Janssen Products LP. Certificate of Service dated 07/14/2025. Service made by ECF. [25-1818] (MWM) [Entered: 07/14/2025 03:57 PM] |
| Filing 32 ECF FILER: ELECTRONIC JOINT APPENDIX on behalf of Appellant Janssen Products LP. Certificate of service dated 07/14/2025 by ECF. [25-1818] (MWM) [Entered: 07/14/2025 03:34 PM] |
| Filing 31 ECF FILER: ELECTRONIC BRIEF with Addendum attached on behalf of Appellant Janssen Products LP. Certificate of Service dated 07/14/2025 by ECF. [25-1818] (MWM) [Entered: 07/14/2025 03:19 PM] |
| Filing 30 ECF FILER: ENTRY OF APPEARANCE from Daniel G. Randolph on behalf of Appellant(s) Janssen Products, LP. [25-1818] (DGR) [Entered: 07/14/2025 12:20 PM] |
| Filing 29 ECF FILER: ENTRY OF APPEARANCE from Mishi Jain on behalf of Appellant(s) Janssen Products, LP. [25-1818] (MJ) [Entered: 07/14/2025 12:07 PM] |
| Filing 28 ECF FILER: ENTRY OF APPEARANCE from Kendall T. Burchard on behalf of Appellant(s) Janssen Products, LP. [25-1818] (KTB) [Entered: 07/14/2025 11:58 AM] |
| Filing 27 ECF FILER: ENTRY OF APPEARANCE from Alexander J. Cave on behalf of Appellant(s) Janssen Products, LP. [25-1818] (AJC) [Entered: 07/14/2025 11:20 AM] |
| Filing 26 ECF FILER: ENTRY OF APPEARANCE from Matthew F. Dunn on behalf of Appellant(s) Janssen Products, LP. [25-1818] (MFD) [Entered: 07/14/2025 11:11 AM] |
| Filing 25 ECF FILER: ENTRY OF APPEARANCE from Krysten Rosen Moller on behalf of Appellant(s) Janssen Products, LP. [25-1818] (KR) [Entered: 07/14/2025 10:50 AM] |
| Filing 24 ECF FILER: Motion filed by United States of America to proceed as intervenor in support of Appellee/Respondent, to modify briefing schedule. Certificate of Service dated 07/14/2025. [25-1818] (DW) [Entered: 07/14/2025 10:07 AM] |
| Filing 23 Appellant Janssen Products LP verbally granted an extension of time to file brief and appendix until 07/14/2025. pursuant to 3d Cir. L.A.R. 31.4. (TMM) [Entered: 06/02/2025 11:09 AM] |
| Filing 22 ECF FILER: ENTRY OF APPEARANCE from Michael T. Fantini on behalf of Appellee(s) Jessica Penelow, Christine Brancaccio. [25-1818] (MTF) [Entered: 05/29/2025 10:26 AM] |
| Filing 21 ECF FILER: ENTRY OF APPEARANCE from Josh Russ on behalf of Appellee(s) Jessica Penelow and Christine Brancaccio. [25-1818] (JMR) [Entered: 05/28/2025 01:53 PM] |
| Filing 20 ECF FILER: ENTRY OF APPEARANCE from Pete Marketos on behalf of Appellee(s) Jessica Penelow and Christine Brancaccio. [25-1818] (PDM) [Entered: 05/28/2025 10:42 AM] |
| Filing 19 ECF FILER: ENTRY OF APPEARANCE from Adam Sanderson on behalf of Appellee(s) Jessica Penelow and Christine Brancaccio. [25-1818] (ACS) [Entered: 05/27/2025 01:06 PM] |
| Filing 18 ECF FILER: ENTRY OF APPEARANCE from Whitney Wendel on behalf of Appellee(s) Jessica Penelow and Christine Brancaccio. [25-1818] (AOW) [Entered: 05/27/2025 01:02 PM] |
| Filing 17 ECF FILER: ENTRY OF APPEARANCE from Andrew Wirmani on behalf of Appellee(s) Jessica Penelow and Christine Brancaccio. [25-1818] (AOW) [Entered: 05/27/2025 01:01 PM] |
| Filing 16 ECF FILER: ENTRY OF APPEARANCE from Joy P. Clairmont on behalf of Appellee(s) Jessica Penelow, Christine Brancaccio. [25-1818] (JPC) [Entered: 05/23/2025 01:37 PM] |
| Filing 15 ECF FILER: ENTRY OF APPEARANCE from William H. Ellerbe on behalf of Appellee(s) Jessica Penelow, Christine Brancaccio. [25-1818] (WHE) [Entered: 05/23/2025 01:26 PM] |
| Filing 14 ECF FILER: ENTRY OF APPEARANCE from Sherrie R. Savett on behalf of Appellee(s) Jessica Penelow, Christine Brancaccio. [25-1818] (SRS) [Entered: 05/23/2025 01:09 PM] |
| Filing 13 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (AMR) [Entered: 05/20/2025 03:55 PM] |
| Filing 12 BRIEFING NOTICE ISSUED. Brief on behalf of Appellant Janssen Products LP due on or before 06/30/2025. Appendix due on or before 06/30/2025. (AMR) [Entered: 05/20/2025 03:53 PM] |
| Filing 11 ECF FILER: ENTRY OF APPEARANCE from Ariela M. Migdal on behalf of Appellee(s) Jessica Penelow, Christine Brancaccio. [25-1818] (DCF) [Entered: 05/15/2025 01:54 PM] |
| Filing 10 ECF FILER: ENTRY OF APPEARANCE from David C. Frederick on behalf of Appellee(s) Jessica Penelow, Christine Brancaccio. [25-1818] (DCF) [Entered: 05/15/2025 01:53 PM] |
| Filing 9 FOLLOW UP LETTER to Attorney William H. Ellerbe, Esq. for Appellees Jessica Penelow and Christine Brancaccio requesting the following document(s): Appearance Form on or before 05/28/2025. (AMR) [Entered: 05/14/2025 01:43 PM] |
| Filing 8 ECF FILER: Transcript Purchase Order Form (Part 1) filed by Appellant Janssen Products LP advising this court that transcripts are already on file in the District Court. [25-1818] (MWM) [Entered: 05/13/2025 03:20 PM] |
| Filing 7 ECF FILER: Concise Summary of the Case filed by Appellant Janssen Products LP. [25-1818] (MWM) [Entered: 05/13/2025 03:18 PM] |
| Filing 6 ECF FILER: DISCLOSURE STATEMENT on behalf of Appellant Janssen Products LP. [25-1818] (MWM) [Entered: 05/13/2025 03:10 PM] |
| Filing 5 ECF FILER: CIVIL INFORMATION STATEMENT on behalf of Appellant Janssen Products LP. [25-1818] (MWM) [Entered: 05/13/2025 03:07 PM] |
| Filing 4 ECF FILER: ENTRY OF APPEARANCE from Mark W. Mosier on behalf of Appellant(s) Janssen Products, LP. [25-1818] (MWM) [Entered: 05/13/2025 12:13 PM] |
| Filing 3 NOTICE Pursuant to 3d Cir. L.A.R. 26.1, a document is timely filed if received by 5:00 p.m. ET on the last day for filing unless the Court sets a different time, the document has been submitted by an inmate pursuant to Fed. R. App. P. 25(a)(2)(A)(iii), or otherwise specified in L.A.R. 26.1 (AMR) [Entered: 04/29/2025 12:20 PM] |
| Filing 2 RECORD available on District Court CM/ECF. (AMR) [Entered: 04/29/2025 12:20 PM] |
| Filing 1 CIVIL CASE DOCKETED. Notice filed by Appellant Janssen Products LP in District Court No. 3:12-cv-07758. (AMR) [Entered: 04/29/2025 12:16 PM] |
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