UFCW Local 1500 Welfare Fund, et al v. AbbVie Inc., et al
| MYLAN INC., MYLAN PHARMACEUTICALS, INC., SAMSUNG BIOEPIS CO. LTD., AMGEN, INCORPORATED, FRESENIUS KABI USA, LLC, PFIZER INC., ABBVIE BIOTECHNOLOGY LTD., SANDOZ, INC, ABBVIE INC., MOMENTA PHARMACEUTICALS, INC., AMGEN INC. and SANDOZ, INC. |
| UFCW LOCAL 1500 WELFARE FUND, on behalf of itself and all others similarly situated, LOUISIANA HEALTH SERVICE & INDEMNITY COMPANY, doing business as BLUE CROSS BLUE SHIELD OF LOUISIANA, LOCALS 302 & 612 OF THE INTERNATIONAL UNION OF OPERATING ENGINEERS- EMPLOYERS CONSTRUCTION INDUSTRY HEALTH AND SECURITY TRUST FUND, PIPE TRADES SERVICES MN WELFARE FUND and MAYOR AND CITY COUNCIL OF BALTIMORE |
| 20-2402 |
| July 30, 2020 |
| U.S. Court of Appeals, Seventh Circuit |
| Other |
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| Filing 37 Amended Appearance form filed by Attorney Lauren G. Barnes for Appellants Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore, Pipe Trades Services MN Welfare Fund and UFCW Local 1500 Welfare Fund. [37] [7109820] (L-Yes; E-Yes; R-No) [20-2402] (Barnes, Lauren) [Entered: 09/23/2020 10:56 AM] |
| Filing 36 Amended Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Thomas M. Sobol for Appellants Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore, Pipe Trades Services MN Welfare Fund and UFCW Local 1500 Welfare Fund. [36] [7109800] (L-Yes; E-Yes; R-No) [20-2402] (Sobol, Tom) [Entered: 09/23/2020 10:46 AM] |
Filing 35
Order issued GRANTING motion to extend time to file appellants' brief. [ # 31 ] Appellants' brief due on or before 10/05/2020 for Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore, Pipe Trades Services MN Welfare Fund and UFCW Local 1500 Welfare Fund. Appellees' briefs due on or before 11/04/2020 for AbbVie Inc., Abbvie Biotechnology Ltd., Amgen Inc., Samsung Bioepis Co. Ltd. and Sandoz, Inc.. Appellants' reply brief, if any, is due on or before 11/25/2020 for Appellants Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore, Pipe Trades Services MN Welfare Fund and UFCW Local 1500 Welfare Fund. SCR [35] [7108422] [20-2402] (MM) [Entered: 09/17/2020 08:42 AM]
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| Filing 34 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Tom Watts for Appellants Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore and Pipe Trades Services MN Welfare Fund. for Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund. [34] [7108401] (L-No; E-No; R-No) [20-2402] (Watts, Thomas) [Entered: 09/16/2020 06:36 PM] |
| Filing 33 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Scott Grzenczyk for Appellants Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore and Pipe Trades Services MN Welfare Fund. for Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund. [33] [7108400] (L-No; E-No; R-No) [20-2402] (Grzenczyk, Scott) [Entered: 09/16/2020 06:32 PM] |
| Filing 32 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Dena C. Sharp for Appellants Mayor and City Council of Baltimore, Pipe Trades Services MN Welfare Fund, Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund and Louisiana Health Service & Indemnity Company. for Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund. [32] [7108398] (L-Yes; E-Yes; R-No) [20-2402] (Sharp, Dena) [Entered: 09/16/2020 06:15 PM] |
| Filing 31 Motion filed by Appellants Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore, Pipe Trades Services MN Welfare Fund and UFCW Local 1500 Welfare Fund to extend time to file appellant brief. [31] [7108236] [20-2402] (Barnes, Lauren) [Entered: 09/16/2020 01:11 PM] |
| Filing 30 Amended Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Karin E. Garvey for Appellants UFCW Local 1500 Welfare Fund, Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore and Pipe Trades Services MN Welfare Fund. [30] [7107878] (L-Yes; E-Yes; R-No) [20-2402] (Garvey, Karin) [Entered: 09/15/2020 02:40 PM] |
| Filing 29 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Matthew Perez for Appellants Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore, Pipe Trades Services MN Welfare Fund and UFCW Local 1500 Welfare Fund. [29] [7107488] (L-No; E-Yes; R-No) [20-2402]--[Edited 09/15/2020 by FP to reflect that atty. Perez is added to the docket.] (Perez, Matthew) [Entered: 09/14/2020 02:36 PM] |
| Filing 28 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Gregory S. Asciolla for Appellants Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore, Pipe Trades Services MN Welfare Fund and UFCW Local 1500 Welfare Fund. [28] [7107483] (L-No; E-Yes; R-No) [20-2402]--[Edited 09/14/2020 by MM to reflect addition of counsel.] (Asciolla, Gregory) [Entered: 09/14/2020 02:30 PM] |
| Filing 27 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Thomas M. Sobol for Appellants Mayor and City Council of Baltimore, Pipe Trades Services MN Welfare Fund, UFCW Local 1500 Welfare Fund, Louisiana Health Service & Indemnity Company and Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund. [27] [7106402] (L-Yes; E-Yes; R-No) [20-2402] [27] [7106402] [20-2402]--[Edited 09/09/2020 by ZNS to reflect the addition of counsel] (Sobol, Tom) [Entered: 09/09/2020 10:44 AM] |
| Filing 26 NOTICE: Circuit Rule 46(a) requires lead counsel be admitted to practice within 30 days of the date the appeal/petition was docketed. The rule also requires any attorney wishing to present oral argument to be admitted. Our records indicate as of this date Attorney Dena C. Sharp for Appellants Louisiana Health Service & Indemnity Company, UFCW Local 1500 Welfare Fund, Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Pipe Trades Services MN Welfare Fund and Mayor and City Council of Baltimore has/have not been admitted to practice in this court. Within 21 days, please file your application for admission by going to: http://www.ca7.uscourts.gov/forms/forms7.htm and choosing the link, "Application for Admission to Practice in the Seventh Circuit". [26] [7105161] [20-2402] (LJ) [Entered: 09/02/2020 11:53 AM] |
| Filing 25 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Kathryn Swisher for Appellee Samsung Bioepis Co. Ltd.. [25] [7103425] (L-No; E-Yes; R-No) [20-2402] [25] [7103425] [20-2402]--[Edited 08/25/2020 by ZNS to reflect the addition of counsel] (Swisher, Kathryn) [Entered: 08/25/2020 01:33 PM] |
| Filing 24 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Steven J. Horowitz for Appellee Amgen Inc.. [24] [7102076] (L-Yes; E-Yes; R-Yes) [20-2402] --[Edited 08/19/2020 by ER - terminated Attorney Bruce Roger Braun and added Attorney Steven J. Horowitz] (Horowitz, Steven) [Entered: 08/19/2020 01:36 PM] |
| Filing 23 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney William Lavery for Appellee Sandoz, Inc.. [23] [7102054] (L-No; E-Yes; R-No) [20-2402] [Edited 08/19/2020 by CG to reflect the addition of counsel.] (Lavery, William) [Entered: 08/19/2020 12:32 PM] |
| Filing 22 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Michael Perry for Appellee Sandoz, Inc.. [22] [7102049] (L-No; E-Yes; R-No) [20-2402] [Edited 08/19/2020 by CG to reflect the addition of counsel.] (Perry, Michael) [Entered: 08/19/2020 12:23 PM] |
| Filing 21 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Stephen Weissman for Appellee Sandoz, Inc.. [21] [7102039] (L-Yes; E-Yes; R-No) [20-2402] [Edited 08/19/2020 by CG to reflect the addition of counsel.] (Weissman, Stephen) [Entered: 08/19/2020 12:14 PM] |
| Filing 20 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Damon Andrews Diana Watral for Appellees Abbvie Biotechnology Ltd. and AbbVie Inc.. [20] [7101728] (L-No; E-Yes; R-No) [20-2402]--[Edited 08/18/2020 by CMD to correct docket text.] [20] [7101728] [20-2402]--[Edited 08/19/2020 by ZNS to reflect the addition of counsel] (Watral, Diana) [Entered: 08/18/2020 12:56 PM] |
| Filing 19 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney James F. Hurst Diana Watral for Appellees Abbvie Biotechnology Ltd. and AbbVie Inc.. [19] [7101727] (L-Yes; E-No; R-No) [20-2402]--[Edited 08/18/2020 by CMD to correct docket text.] (Watral, Diana) [Entered: 08/18/2020 12:55 PM] |
| Filing 18 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Diana Watral for Appellees Abbvie Biotechnology Ltd. and AbbVie Inc.. [18] [7101723] (L-No; E-Yes; R-No) [20-2402] [18] [7101723] [20-2402]--[Edited 08/19/2020 by ZNS to reflect the addition of counsel] (Watral, Diana) [Entered: 08/18/2020 12:52 PM] |
| Filing 17 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Martin Toto for Appellee Samsung Bioepis Co. Ltd.. [17] [7101408] (L-No; E-Yes; R-No) [20-2402] [Edited 08/18/2020 by AG to reflect addition of counsel] (Toto, Martin) [Entered: 08/17/2020 02:49 PM] |
| Filing 16 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Carolyn Gurland for Appellee Samsung Bioepis Co. Ltd.. [16] [7101396] (L-No; E-Yes; R-No) [20-2402] [16] [7101396] [20-2402]--[Edited 08/17/2020 by ZNS to reflect the addition of counsel] (Gurland, Carolyn) [Entered: 08/17/2020 02:36 PM] |
| Filing 15 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Robert Milne for Appellee Samsung Bioepis Co. Ltd.. [15] [7101381] (L-Yes; E-Yes; R-No) [20-2402] [15] [7101381] [20-2402]--[Edited 08/17/2020 by ZNS to reflect the additon of counsel] (Milne, Robert) [Entered: 08/17/2020 02:06 PM] |
| Filing 14 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney John Chung for Appellee Samsung Bioepis Co. Ltd.. [14] [7101379] (L-Yes; E-Yes; R-No) [20-2402] [14] [7101379] [20-2402]--[Edited 08/17/2020 by ZNS to reflect the addition counsel] (Chung, John) [Entered: 08/17/2020 01:56 PM] |
| Filing 13 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Thomas B. Quinn for Appellee Samsung Bioepis Co. Ltd.. [13] [7100707] (L-No; E-Yes; R-No) [20-2402] [13] [7100707] [20-2402]--[Edited 08/13/2020 by ZNS to reflect the addition of counsel] (Quinn, Thomas) [Entered: 08/13/2020 10:03 AM] |
| Filing 12 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Sondra A. Hemeryck for Appellee Samsung Bioepis Co. Ltd.. [12] [7100670] (L-No; E-Yes; R-No) [20-2402] [12] [7100670] [20-2402]--[Edited 08/13/2020 by ZNS to reflect the addition of counsel] (Hemeryck, Sondra) [Entered: 08/13/2020 09:05 AM] |
| Filing 11 Appearance form filed by Attorney Lauren G. Barnes for Appellants Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore, Pipe Trades Services MN Welfare Fund, Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund and UFCW Local 1500 Welfare Fund. Additional Parties: Fraternal Order of Police, Miami Lodge 20; Insurance Trust Fund. [11] [7100071] (L-Yes; E-Yes; R-No) [20-2402] (Barnes, Lauren) [Entered: 08/11/2020 12:54 PM] |
| Filing 10 Filed Seventh Circuit Transcript Information Sheet by Appellant UFCW Local 1500 Welfare Fund. [10] [7100021] [20-2402] (Garvey, Karin) [Entered: 08/11/2020 11:02 AM] |
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Filing 9
ORDER: Pursuant to Circuit Rule 33, briefing will proceed as follows: Appellants' brief due on or before 09/21/2020 for Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore, Pipe Trades Services MN Welfare Fund and UFCW Local 1500 Welfare Fund. Appellees' brief due on or before 10/21/2020 for AbbVie Inc., Abbvie Biotechnology Ltd., Amgen Inc., Samsung Bioepis Co. Ltd. and Sandoz, Inc.. Appellants' reply brief, if any, is due on or before 11/12/2020 for Appellants Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore, Pipe Trades Services MN Welfare Fund and UFCW Local 1500 Welfare Fund. JNS [7099324] [20-2402] (AG) [Entered: 08/06/2020 04:28 PM]
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| Filing 8 Notice of Circuit Rule 33 mediation issued. The mediation will be conducted by phone, Thursday, August 20, 2020 at 1:00p.m. Central Time. See Notice for further details and requirements. JNS. [8] [7099317] [20-2402] (AG) [Entered: 08/06/2020 04:22 PM] |
| Filing 7 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Brian P. Quinn for Appellee Samsung Bioepis Co. Ltd.. [7] [7099152] (L-No; E-Yes; R-No) [20-2402] (Quinn, Brian) [Entered: 08/06/2020 12:39 PM] |
| Filing 6 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Ian Simmons for Appellee Samsung Bioepis Co. Ltd.. [6] [7099148] (L-Yes; E-Yes; R-No) [20-2402] [Edited 08/06/2020 by CG to reflect the addition of counsel.] (Simmons, Ian) [Entered: 08/06/2020 12:30 PM] |
| Filing 5 Docketing Statement filed by Appellants Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore, Pipe Trades Services MN Welfare Fund and UFCW Local 1500 Welfare Fund. Prior or Related proceedings: No. [5] [7098676] [20-2402] (Garvey, Karin) [Entered: 08/04/2020 06:57 PM] |
| Filing 4 Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Karin E. Garvey for Appellants Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore, Pipe Trades Services MN Welfare Fund and UFCW Local 1500 Welfare Fund. [4] [7098675] (L-Yes; E-Yes; R-No) [20-2402] (Garvey, Karin) [Entered: 08/04/2020 06:53 PM] |
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Filing 3
ORDER: A review of the short record reveals that this appeal involves more than one appellee represented by different counsel. Counsel for appellees are encouraged to file a joint brief and appendix or adopt parts of a co-appellee's brief. The parties are reminded that redundant and uncoordinated briefing will be stricken. See United States v. Torres, 170 F.3d 749 (7th Cir. 1999); United States v. Ashman, 964 F.2d 596 (7th Cir. 1992). DW [7097484] [3] [7097484] [20-2402] (AP) [Entered: 07/30/2020 04:18 PM]
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| Filing 2 THIS CAUSE CONSISTS OF MORE THAN 5 PARTIES FOR EITHER SIDE. The following are those parties to this cause as reflected on the District Court docket, yet are not reflected on the Appellate docket/caption for administrative purposes: APPELLANTS: Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund, Kentucky Laborers District Council Health and Welfare Fund, and St. Paul Electrical Workers' Health Plan and Law Enforcement Health Benefits Inc. [2] [7097337] [20-2402] (CG) [Entered: 07/30/2020 11:01 AM] |
| Filing 1 Private civil case docketed. Fee paid. Docketing Statement due for Appellants Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore, Pipe Trades Services MN Welfare Fund and UFCW Local 1500 Welfare Fund by 08/04/2020. Transcript information sheet due by 08/13/2020. Appellant's brief due on or before 09/08/2020 for Locals 302 & 612 of the International Union of Operating Engineers- Employers Construction Industry Health and Security Trust Fund, Louisiana Health Service & Indemnity Company, Mayor and City Council of Baltimore, Pipe Trades Services MN Welfare Fund and UFCW Local 1500 Welfare Fund [1] [7097335] [20-2402] (CG) [Entered: 07/30/2020 10:52 AM] |
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