American Federation of State County and Municipal, et al v. Sandoz Inc, et al
| UNITE HERE HEALTH |
| SANDOZ INC |
| TARO PHARMACEUTICALS USA INC, MYLAN INC and MYLAN PHARMACEUTICALS INC |
| AMERICAN FEDERATION OF STATE COUNTY AND MUNICIPAL EMPLOYEES DISTRICT COUNCIL 37 HEALTH & SECURITY PLAN, CITY OF PROVIDENCE RHODE ISLAND, LOUISIANA HEALTH SERVICE INDEMNITY CO, d/b/a BLUE CROSS AND BLUE SHIELD OF LOUISIANA AND HMO LOUISIANA, INC., SELF INSURED SCHOOLS OF CALIFORNIA, UNIFORMED FIRE OFFICERS ASSOCIATION FAMILY PRODUCTION PLAN LOCAL 854 and UNITED FOOD & COMMERCIAL WORKERS AND EMPLOYERS ARIZONA HEALTH & WELFARE TRUST |
| 25-8011 |
| March 21, 2025 |
| U.S. Court of Appeals, Third Circuit |
| Other |
Docket Report
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| Filing 39 Case has been transferred to general docket at No. 25-2222. (AMR) [Entered: 07/08/2025 03:44 PM] |
| Filing 38 ECF FILER: ENTRY OF APPEARANCE from Lauri A. Kavulich on behalf of Appellant(s) Taro Pharmaceuticals U.S.A., Inc.. [25-8011] (LAK) [Entered: 07/03/2025 08:16 AM] |
| Filing 37 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 36
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 34 ECF FILER: DISCLOSURE STATEMENT on behalf of Petitioner Mylan Inc. [25-8011] (SNJ) [Entered: 04/22/2025 01:31 PM] |
| Filing 33 ECF FILER: DISCLOSURE STATEMENT on behalf of Petitioner Mylan Pharmaceuticals Inc. [25-8011] (SNJ) [Entered: 04/22/2025 01:30 PM] |
| Filing 32 ECF FILER: ENTRY OF APPEARANCE from Christopher P. Wilson on behalf of Petitioner(s) Taro Pharmaceuticals U.S.A., Inc.. [25-8011] (CPW) [Entered: 04/15/2025 02:44 PM] |
| Filing 31 ECF FILER: DISCLOSURE STATEMENT on behalf of Petitioner Taro Pharmaceuticals USA Inc. [25-8011] (JMT) [Entered: 04/15/2025 02:24 PM] |
| Filing 30 ECF FILER: ENTRY OF APPEARANCE from John M. Taladay on behalf of Petitioner(s) Taro Pharmaceuticals U.S.A., Inc.. [25-8011] (JMT) [Entered: 04/15/2025 02:19 PM] |
| Filing 29 ECF FILER: DISCLOSURE STATEMENT on behalf of Respondent United Food & Commercial Workers and Employers Arizona Health & Welfare Trust. [25-8011] (MHD) [Entered: 04/14/2025 06:34 PM] |
| Filing 28 ECF FILER: DISCLOSURE STATEMENT on behalf of Respondent Uniformed Fire Officers Association Family Production Plan Local 854. [25-8011] (MHD) [Entered: 04/14/2025 06:33 PM] |
| Filing 27 ECF FILER: DISCLOSURE STATEMENT on behalf of Respondent Self Insured Schools of California. [25-8011] (MHD) [Entered: 04/14/2025 06:31 PM] |
| Filing 26 ECF FILER: DISCLOSURE STATEMENT on behalf of Respondent Louisiana Health Service Indemnity Co. [25-8011] (MHD) [Entered: 04/14/2025 06:30 PM] |
| Filing 25 ECF FILER: DISCLOSURE STATEMENT on behalf of Respondent City of Providence Rhode Island. [25-8011] (MHD) [Entered: 04/14/2025 06:29 PM] |
| Filing 24 ECF FILER: DISCLOSURE STATEMENT on behalf of Respondent American Federation of State County and Municipal Employees District Council 37 Health & Security Plan. [25-8011] (MHD) [Entered: 04/14/2025 06:29 PM] |
| Filing 23 FOLLOW UP LETTER to Paul Costa, Esq. for Respondents Louisiana Health Service Indemnity Co, American Federation of State County and Municipal Employees District Council 37 Health & Security Plan, City of Providence Rhode Island, Self Insured Schools of California, Uniformed Fire Officers Association Family Production Plan Local 854 and United Food & Commercial Workers and Employers Arizona Health & Welfare Trust, Matthew H. Duncan, Esq. for Respondents Louisiana Health Service Indemnity Co, American Federation of State County and Municipal Employees District Council 37 Health & Security Plan, City of Providence Rhode Island, Self Insured Schools of California, Uniformed Fire Officers Association Family Production Plan Local 854 and United Food & Commercial Workers and Employers Arizona Health & Welfare Trust, Shawn S. Ledingham, Jr., Esq. for Respondent Sandoz Inc, Adam Pessin, Esq. for Respondents Louisiana Health Service Indemnity Co, American Federation of State County and Municipal Employees District Council 37 Health & Security Plan, City of Providence Rhode Island, Self Insured Schools of California, Uniformed Fire Officers Association Family Production Plan Local 854 and United Food & Commercial Workers and Employers Arizona Health & Welfare Trust and Rachel K. Sommer, Esq. for Respondents Louisiana Health Service Indemnity Co, American Federation of State County and Municipal Employees District Council 37 Health & Security Plan, City of Providence Rhode Island, Self Insured Schools of California, Uniformed Fire Officers Association Family Production Plan Local 854 and United Food & Commercial Workers and Employers Arizona Health & Welfare Trust requesting the following document(s): Disclosure Statement on or before 04/28/2025. (AMR) [Entered: 04/14/2025 12:06 PM] |
| Filing 22 FOLLOW UP LETTER to Attorney John M. Taladay, Esq. for Petitioners Mylan Pharmaceuticals Inc and 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 11:56 AM] |
| Filing 21 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, Shawn S. Ledingham, Jr., Esq. for Respondent Sandoz Inc, Roberta D. Liebenberg, Esq. for Respondents Louisiana Health Service Indemnity Co, American Federation of State County and Municipal Employees District Council 37 Health & Security Plan, City of Providence Rhode Island, Self Insured Schools of California, Uniformed Fire Officers Association Family Production Plan Local 854, Unite Here Health and United Food & Commercial Workers and Employers Arizona Health & Welfare Trust, Christopher E. Ondeck, Esq. for Respondent Sandoz Inc and Bart H. Williams, Esq. for Respondent Sandoz 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 11:52 AM] |
| Filing 20 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 11:46 AM] |
| Filing 19 ECF FILER: ENTRY OF APPEARANCE from Jeffrey C. Bank on behalf of Petitioner(s) Mylan Inc.; Mylan Pharmaceuticals Inc.. [25-8011] (JCB) [Entered: 04/10/2025 01:40 PM] |
| Filing 18 ECF FILER: ENTRY OF APPEARANCE from Paul Costa on behalf of Respondent(s) American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan, at al.. [25-8011] (PC) [Entered: 04/10/2025 09:33 AM] |
| Filing 17 ECF FILER: Reply by Petitioners Mylan Inc and Mylan Pharmaceuticals Inc to motion. Certificate of Service dated 04/09/2025. Service made by ECF [25-8011] (SNJ) [Entered: 04/09/2025 07:38 PM] |
| Filing 16 ECF FILER: ENTRY OF APPEARANCE from Steffen N. Johnson on behalf of Petitioner(s) Mylan Inc.; Mylan Pharmaceuticals Inc.. [25-8011] (SNJ) [Entered: 04/09/2025 07:29 PM] |
| Filing 15 ECF FILER: Response filed by Respondents 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, American Federation of State County and Municipal Employees District Council 37 Health & Security Plan, Hennepin County, Louisiana Health Service Indemnity Co, Self Insured Schools of California, Sergeants Benevolent Association of the Police Department of the City of New York Health and Welfare Fund and Uniformed Fire Officers Association Family Production Plan Local 854 in 25-8009, Respondents American Federation of State County and Municipal Employees District Council 37 Health & Security Plan, City of Providence Rhode Island, Louisiana Health Service Indemnity Co, Self Insured Schools of California, Uniformed Fire Officers Association Family Production Plan Local 854 and United Food & Commercial Workers and Employers Arizona Health & Welfare Trust in Opposition to Motion for Leave to File Reply in 25-8009 & 25-8011. Certificate of Service dated 04/08/2025. [25-8009, 25-8011] (MHD) [Entered: 04/08/2025 12:29 PM] |
| Filing 14 ECF FILER: Motion filed by Petitioners Mylan Inc, Mylan Pharmaceuticals Inc and Taro 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 04/07/2025. Service made by ECF. [25-8011]--[Edited 04/08/2025 by CJG] (SNJ) [Entered: 04/07/2025 05:20 PM] |
| Filing 13 ECF FILER: Motion filed by Respondents American Federation of State County and Municipal Employees District Council 37 Health & Security Plan, City of Providence Rhode Island, Louisiana Health Service Indemnity Co, Self Insured Schools of California, Uniformed Fire Officers Association Family Production Plan Local 854 and United Food & Commercial Workers and Employers Arizona Health & Welfare Trust to seal Sealed Answer of Plaintiffs-Respondents in Opposition to Petition for Permission to Appeal and Sealed Supplemental Appendix Vols. I, II and III. Certificate of Service dated 03/27/2025. Service made by ECF. [25-8011] (MHD) [Entered: 03/27/2025 07:17 PM] |
| Filing 12 ECF FILER: Response filed by Respondents American Federation of State County and Municipal Employees District Council 37 Health & Security Plan, City of Providence Rhode Island, Louisiana Health Service Indemnity Co, Self Insured Schools of California, Uniformed Fire Officers Association Family Production Plan Local 854 and United Food & Commercial Workers and Employers Arizona Health & Welfare Trust to original proceeding Petition Petition pursuant FRCP 23(f). Certificate of Service dated 03/27/2025. [25-8011] (MHD) [Entered: 03/27/2025 07:12 PM] |
| Filing 11 ECF FILER: SEALED Response filed by Respondents American Federation of State County and Municipal Employees District Council 37 Health & Security Plan, City of Providence Rhode Island, Louisiana Health Service Indemnity Co, Self Insured Schools of California, Uniformed Fire Officers Association Family Production Plan Local 854 and United Food & Commercial Workers and Employers Arizona Health & Welfare Trust to original proceeding Petition Petition pursuant FRCP 23(f). Certificate of Service dated 03/27/2025. Service made by ECF, Email. [25-8011] (MHD) [Entered: 03/27/2025 07:05 PM] |
| Filing 10 ECF FILER: ENTRY OF APPEARANCE from Rachel K. Sommer on behalf of Respondent(s) American Federation of State County and Municipal Employees District Council 37 Health & Security Plan, et al.. [25-8011] (RKS) [Entered: 03/27/2025 03:47 PM] |
| Filing 9 ECF FILER: ENTRY OF APPEARANCE from Matthew Duncan on behalf of Respondent(s) American Federation of State County and Municipal Employees District Council 37 Health & Security Plan, et al.. [25-8011] (MHD) [Entered: 03/27/2025 03:43 PM] |
| Filing 8 ECF FILER: ENTRY OF APPEARANCE from Adam J. Pessin on behalf of Respondent(s) American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan, et al.. [25-8011] (AP) [Entered: 03/27/2025 03:39 PM] |
| Filing 7 ECF FILER: ENTRY OF APPEARANCE from Roberta D. Liebenberg on behalf of Respondent(s) American Federation of State, County and Municipal Empoyees District Council 37 Health & Security Plan, et al.. [25-8011] (RDL) [Entered: 03/27/2025 03:33 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. [25-8011]--[Edited 03/27/2025 by CJG] (SNJ) [Entered: 03/26/2025 05:45 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, Mylan Pharmaceuticals Inc and Taro Pharmaceuticals USA Inc to Seal APPENDIX VOLUMES 3, 4 and 5. Response due on 03/31/2025. Certificate of Service dated 03/21/2025. Service made by ECF. (AMR) [Entered: 03/26/2025 01:39 PM] |
| Filing 1 Petition for Leave to Appeal pursuant to Fed. R. Civ. P. 23(f) filed by Petitioners Mylan Inc, Mylan Pharmaceuticals Inc and Taro Pharmaceuticals USA Inc. Received on 03/21/2025. Certificate of Service dated 03/21/2025. Service made by ECF. (AMR) [Entered: 03/26/2025 01:36 PM] |
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