Ahold USA Inc, et al v. Sandoz Inc, et al
| AHOLD USA INC, SANDOZ INC and TARO PHARMACEUTICALS USA INC |
| CESAR CASTILLO INC, MYLAN INC and MYLAN PHARMACEUTICALS INC |
| FWK HOLDINGS LLC, KPH HEALTHCARE SERVICES INC, A/K/A KINNEY DRUGS, INC. and ROCHESTER DRUG COOPERATIVE INC |
| 25-8010 |
| March 21, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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| Filing 29 Case has been transferred to general docket at No. 25-2221. (AMR) [Entered: 07/08/2025 03:11 PM] |
| Filing 28 ECF FILER: LETTER from Attorney Jeffrey C. Bank, Esq. for Petitioners Mylan Inc and Mylan Pharmaceuticals Inc in 25-8010, 25-8011 Payment of docketing and filing fee in the United States District Court for the Eastern District of Pennsylvania. Certificate of Service dated 06/30/2025. Service made by ECF. [25-8010, 25-8011] (JCB) [Entered: 06/30/2025 04:49 PM] |
Filing 27
ORDER (PHIPPS, CHUNG and SMITH, Circuit Judges) The foregoing are considered. The petitions for leave to appeal pursuant to Fed. R. Civ. P. 23(f) are GRANTED. The motions to seal are also GRANTED. Panel No.: DCO-082. CHUNG, Authoring Judge. [25-8008, 25-8009, 25-8010, 25-8011] (AMR) [Entered: 06/17/2025 12:45 PM]
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| Filing 25 ECF FILER: Reply by Petitioners Mylan Inc and Mylan Pharmaceuticals Inc to Response. Certificate of Service dated 04/23/2025. Service made by ECF [25-8010] (SNJ) [Entered: 04/23/2025 01:52 PM] |
| Filing 24 ECF FILER: DISCLOSURE STATEMENT on behalf of Petitioner Mylan Inc. [25-8010] (SNJ) [Entered: 04/22/2025 01:29 PM] |
| Filing 23 ECF FILER: DISCLOSURE STATEMENT on behalf of Petitioner Mylan Pharmaceuticals Inc. [25-8010] (SNJ) [Entered: 04/22/2025 01:28 PM] |
| Filing 22 ECF FILER: ENTRY OF APPEARANCE from Dianne M. Nast on behalf of Respondent(s) Cesar Castillo Inc.; FWK Holdings LLC; KPH Healthcare Services Inc.; Rochester Drug Cooperative. [25-8010] (DMN) [Entered: 04/16/2025 02:58 PM] |
| Filing 21 ECF FILER: DISCLOSURE STATEMENT on behalf of Respondent Rochester Drug Cooperative Inc. [25-8010] (DMN) [Entered: 04/16/2025 02:53 PM] |
| Filing 20 ECF FILER: DISCLOSURE STATEMENT on behalf of Respondent KPH Healthcare Services Inc. [25-8010] (DMN) [Entered: 04/16/2025 02:52 PM] |
| Filing 19 ECF FILER: DISCLOSURE STATEMENT on behalf of Respondent FWK Holdings LLC. [25-8010] (DMN) [Entered: 04/16/2025 02:51 PM] |
| Filing 18 ECF FILER: DISCLOSURE STATEMENT on behalf of Respondent Cesar Castillo Inc. [25-8010] (DMN) [Entered: 04/16/2025 02:51 PM] |
| Filing 17 ECF FILER: Response filed by Respondents Cesar Castillo Inc, FWK Holdings LLC, KPH Healthcare Services Inc and Rochester Drug Cooperative Inc in 25-8008, 25-8010 to motions for Leave to file Reply Brief's. Certificate of Service dated 04/16/2025. [25-8008, 25-8010] (DMN) [Entered: 04/16/2025 02:33 PM] |
| Filing 16 FOLLOW UP LETTER to Kyle A. Casazza, Esq. for Respondent Sandoz Inc, Jared M. DuBosar, Esq. for Respondent Sandoz Inc, Grant J. Esposito, Esq. for Respondent Sandoz Inc, David J. Fioccola, Esq. for Respondent Sandoz Inc, Lindsay S. Fouse, Esq. for Respondent Taro Pharmaceuticals USA Inc, Lauri A. Kavulich, Esq. for Respondent Taro Pharmaceuticals USA Inc, Erik T. Koons, Esq. for Respondent Taro Pharmaceuticals USA Inc, Shawn S. Ledingham, Jr., Esq. for Respondent Sandoz Inc, Dianne M Nast, Esq. for Respondents Cesar Castillo Inc, Ahold USA Inc, Rochester Drug Cooperative Inc, KPH Healthcare Services Inc and FWK Holdings LLC, Christopher E. Ondeck, Esq. for Respondent Sandoz Inc, John M. Taladay, Esq. for Respondent Taro Pharmaceuticals USA Inc, Stacy L. Turner, Esq. for Respondent Taro Pharmaceuticals USA Inc, Bart H. Williams, Esq. for Respondent Sandoz Inc and Christopher P. Wilson, Esq. for Respondent Taro Pharmaceuticals USA Inc requesting the following document(s): Appearance Form on or before 04/28/2025. Disclosure Statement on or before 04/28/2025. (AMR) [Entered: 04/14/2025 11:30 AM] |
| Filing 15 FOLLOW UP LETTER to Jeffrey C. Bank, Esq. for Petitioners Mylan Pharmaceuticals Inc and Mylan Inc and Steffen N. Johnson, Esq. for Petitioners Mylan Pharmaceuticals Inc and Mylan Inc requesting the following document(s): Disclosure Statement on or before 04/28/2025. (AMR) [Entered: 04/14/2025 11:10 AM] |
| Filing 14 ECF FILER: ENTRY OF APPEARANCE from Jeffrey C. Bank on behalf of Petitioner(s) Mylan Inc.; Mylan Pharmaceuticals Inc.. [25-8010] (JCB) [Entered: 04/10/2025 01:39 PM] |
| Filing 13 ECF FILER: Motion filed by Petitioners Mylan Inc and Mylan Pharmaceuticals Inc for leave to file a Reply to in Support of Petition for Permission to Appeal Under FED. R. CIV. P. 23(f). Certificate of Service dated 04/09/2025. Service made by ECF. [25-8010] (SNJ) [Entered: 04/09/2025 07:16 PM] |
| Filing 12 ECF FILER: ENTRY OF APPEARANCE from Steffen N. Johnson on behalf of Petitioner(s) Mylan Inc.; Mylan Pharmaceuticals Inc.. [25-8010] (SNJ) [Entered: 04/09/2025 07:11 PM] |
| Filing 11 ECF FILER: SEALED ELECTRONIC SUPPLEMENTAL APPENDIX on behalf of Respondents Ahold USA Inc, Cesar Castillo Inc, FWK Holdings LLC, KPH Healthcare Services Inc and Rochester Drug Cooperative Inc in 25-8008, 25-8010. Certificate of Service dated 03/31/2025 by Email. [25-8008, 25-8010] (DMN) [Entered: 03/31/2025 03:32 PM] |
| Filing 10 ECF FILER: ELECTRONIC SUPPLEMENTAL APPENDIX on behalf of Respondents Ahold USA Inc, Cesar Castillo Inc, FWK Holdings LLC, KPH Healthcare Services Inc and Rochester Drug Cooperative Inc in 25-8008, 25-8010. Certificate of service dated 03/31/2025 by Email. [25-8008, 25-8010] (DMN) [Entered: 03/31/2025 03:31 PM] |
| Filing 9 ECF FILER: Response filed by Respondents Ahold USA Inc, Cesar Castillo Inc, FWK Holdings LLC, KPH Healthcare Services Inc and Rochester Drug Cooperative Inc in 25-8008, 25-8010 to original proceeding Petition, original proceeding Petition. Certificate of Service dated 03/31/2025. [25-8008, 25-8010] (DMN) [Entered: 03/31/2025 03:30 PM] |
| Filing 8 ECF FILER: SEALED Response filed by Respondents Ahold USA Inc, Cesar Castillo Inc, FWK Holdings LLC, KPH Healthcare Services Inc and Rochester Drug Cooperative Inc in 25-8008, 25-8010 to original proceeding Petition Petition pursuant FRCP 23(f), original proceeding Petition Petition pursuant FRCP 23(f). Certificate of Service dated 03/31/2025. Service made by Email. [25-8008, 25-8010] (DMN) [Entered: 03/31/2025 03:25 PM] |
| Filing 7 ECF FILER: UNOPPOSED Motion filed by Respondents Ahold USA Inc, Cesar Castillo Inc, FWK Holdings LLC, KPH Healthcare Services Inc and Rochester Drug Cooperative Inc in 25-8008, 25-8010 to seal (1) Direct Purchaser Plaintiffs' Consolidated Opposition to Defendants' Rule 23(f) Petitions Challenging Class Certification; and (2) Direct Purchaser Plaintiffs' Confidential Supplemental Appendix Volume 2. Certificate of Service dated 03/31/2025. Service made by Email. [25-8008, 25-8010] (DMN) [Entered: 03/31/2025 03:22 PM] |
| Filing 6 TEXT ORDER (Clerk): Because these four petitions were served on March 21, any answer(s) in opposition must be filed on or before March 31. See Fed. R. App. P. 5(b)(2) (answers due within ten days of service). The contrary deadline stated in the Clerk's docketing letters should be disregarded. [25-8008, 25-8009, 25-8010, 25-8011] (RFH) [Entered: 03/27/2025 08:57 AM] |
| Filing 5 ECF FILER: CERTIFICATE OF SERVICE for original proceeding Petition pursuant FRCP 23(f). Service made on 03/26/2025 by ECF. [25-8010]--[Edited 03/27/2025 by CJG] (SNJ) [Entered: 03/26/2025 05:43 PM] |
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Filing 4
ORDER (Clerk) These two petitions for permission to appeal were received on March 21, 2025. They were emailed to the Clerk and filed through this Court's electronic-filing system. Original proceedings are not filed on any existing Third Circuit docket. For that reason, filing them does not automatically send the petition to the respondents (as e-filing in an existing case would do). A person filing an original proceeding must separately serve all respondents in accordance with Federal Rule of Appellate Procedure 25(c). See Clerk's Notice to ECF Filers [That] CM/ECF Is Now Accepting Original Proceedings Submissions (June 4, 2020) ("Filers are required to comply with service of the filing in accordance with FRAP 25 prior to submitting an Original Proceeding through CM/ECF."). The certificate of service in No. 25-8010 states the petition "was served on counsel of record through electronic mail," but it does not name the counsel served or state they consented to email service. The certificate in No. 25-8011 states the petition "was served on counsel of record through this Court's CM/ECF system," but that is mistaken. Within three days, the petitioners must file supplemental certificates of service that comply with Federal Rule of Appellate Procedure 25(d). Answer due 03/31/2025. [25-8010, 25-8011] (AMR) [Entered: 03/26/2025 01:51 PM]
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| Filing 3 CLERK ORDER: These four petitions are consolidated for the purpose of disposition by the same panel of this Court. The Court disfavors redundant briefing. The plaintiffs are therefore encouraged to respond to the petitions in as few answers as practicable. To facilitate that, their answer(s) must be filed within ten days of service of the last-served petition. The petitioners' motions to seal will be referred to the same panel of the Court that will consider the petitions for permission to appeal. The documents sought to be sealed will be held provisionally under seal pending the panel's disposition of the motions. [25-8008, 25-8009, 25-8010, 25-8011] (AMR) [Entered: 03/26/2025 01:45 PM] |
| Filing 2 MOTION filed by Petitioners Mylan Inc and Mylan Pharmaceuticals Inc to Seal APPENDIX VOLUME 3. Response due on 03/31/2025. Certificate of Service dated 03/21/2025. Service made by ECF. (AMR) [Entered: 03/26/2025 01:12 PM] |
| Filing 1 Petition for Leave to Appeal pursuant to Fed. R. Civ. P. 23(f) filed by Petitioners Mylan Inc and Mylan Pharmaceuticals Inc. Received on 03/21/2025. Certificate of Service dated 03/21/2025. Service made by ECF. (AMR) [Entered: 03/26/2025 01:07 PM] |
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