Bristol Myers Squibb Company v. Robert Kennedy, Jr., et al
| Bristol Myers Squibb Company |
| Robert F. Kennedy, Jr., in his official capacity as Secretary, United States Department of Health and Human Services and Thomas J. Engels, in his official capacity as Administrator, Health Resources and Services Administration |
| 340B Health, University of Massachusetts Memorial Medical Center and Genesis Healthcare System |
| Pharmaceutical Research and Manufacturers of America, Biotechnology Innovation Organization, Johnson & Johnson Health Care Systems Inc., Community Oncology Alliance, Inc., CF United, Advocates for Compassionate Therapy Now and ADAP Advocacy Association, Inc. |
| 25-5224 |
| June 16, 2025 |
| U.S. Court of Appeals, D.C. Circuit |
| Other Statutory Actions |
Docket Report
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This docket was last retrieved on September 10, 2025. A more recent docket listing may be available from PACER.
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| MANDATE ISSUED to Clerk, U.S. District Court. [25-5223, 25-5224, 25-5226] [Entered: 09/10/2025 04:00 PM] |
| PER CURIAM ORDER [2126240] filed ORDERED that the motion to consolidate No. 25-5177, et al., with No. 25-5236 [ # 2123365-2 ] be granted. It is FURTHER ORDERED that the motion to dismiss the cross-appeals Nos. 25-5223, 25-5224, and 25-5226 [ # 2122004-2 ] be granted. It is FURTHER ORDERED that the following briefing schedule will now apply in these consolidated cases: Appellees Brief due 08/01/2025. Intervenor-Appellees Brief due 08/08/2025. Reply Brief of Novartis Pharmaceuticals Corporation, Bristol Myers Squibb Company, Eli Lilly and Company, Lilly USA, LLC, and Kalderos, Inc. due 08/22/2025. Reply Brief of Johnson & Johnson Health Care Systems Inc. due 08/22/2025. Withholding issuance of the mandate in Nos. 25-5223, 25-5224, and 25-5226. Before Judges: Millett, Pillard and Rao. [25-5223, 25-5177, 25-5179, 25-5220, 25-5221, 25-5224, 25-5226, 25-5236] [Entered: 07/18/2025 06:23 PM] |
| ENTRY OF APPEARANCE [2124916] filed by Megan McGlynn Butler on behalf of Appellants Eli Lilly and Company and Lilly USA, LLC. [25-5221] (McGlynn, Megan) [Entered: 07/11/2025 11:36 AM] |
| REPLY [2124791] filed by Novartis Pharmaceuticals Corporation in 25-5223, Bristol Myers Squibb Company in 25-5224, Eli Lilly and Company and Lilly USA, LLC in 25-5226 to response [ # 2123833-2 ] [Service Date: 07/10/2025 by CM/ECF NDA] Length Certification: 1,556 Words. [25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226] (Marotta, Sean) [Entered: 07/10/2025 11:46 PM] |
| ENTRY OF APPEARANCE [2124767] filed by Susan M. Cook on behalf of Appellant Novartis Pharmaceuticals Corporation in 25-5177, Appellant Bristol Myers Squibb Company in 25-5179, Appellants Eli Lilly and Company and Lilly USA, LLC in 25-5221, Appellee Novartis Pharmaceuticals Corporation in 25-5223, Appellee Bristol Myers Squibb Company in 25-5224, Appellees Eli Lilly and Company and Lilly USA, LLC in 25-5226. [25-5177, 25-5179, 25-5221, 25-5223, 25-5224, 25-5226] (Cook, Susan) [Entered: 07/10/2025 03:29 PM] |
| JOINT APPENDIX [2124441] filed by Johnson & Johnson Health Care Systems Inc. in 25-5236 [Volumes: 1] [Service Date: 07/08/2025 ] [25-5236, 25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226] (Handwerker, Jeffrey) [Entered: 07/08/2025 08:27 PM] |
| APPELLANT BRIEF [2124440] filed by Johnson & Johnson Health Care Systems Inc. in 25-5236 [Service Date: 07/08/2025 ] Length of Brief: 3,582 Words. [25-5236, 25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226] (Handwerker, Jeffrey) [Entered: 07/08/2025 08:25 PM] |
| ENTRY OF APPEARANCE [2124291] filed by William B. Schultz and co-counsel Margaret M. Dotzel on behalf of Appellees 340B Health, Genesis Healthcare System and University of Massachusetts Memorial Medical Center. [25-5236] (Schultz, William) [Entered: 07/08/2025 11:18 AM] |
| AMICUS FOR APPELLANT BRIEF [2124010] filed by Community Oncology Alliance, Inc. in 25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226, 25-5236 [Service Date: 07/07/2025 ] Length of Brief: 6,065 words. [25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226, 25-5236]--[Edited 07/07/2025 by EKC] (Modafferi, Matthew) [Entered: 07/07/2025 10:26 AM] |
| RESPONSE IN OPPOSITION [2123833] to motion to dismiss cross-appeals [ # 2122004-2 ] filed by 340b, Genesis Healthcare System and University of Massachusetts Memorial Medical Center in 25-5223, 25-5224, 25-5226 [Service Date: 07/03/2025 by CM/ECF NDA] Length Certification: 2,539 words. [25-5177, 25-5223, 25-5224, 25-5226] [Entered: 07/03/2025 03:26 PM] |
| AMICUS FOR APPELLANT BRIEF [2122334] filed by Pharmaceutical Research and Manufacturers of America and Biotechnology Innovation Organization [Service Date: 06/25/2025 ] Length of Brief: 6,262 Words. [25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226] (Perry, Phillip) [Entered: 06/25/2025 11:30 PM] |
| AMICUS FOR APPELLANT BRIEF [2122330] filed by Johnson & Johnson Health Care Systems Inc. [Service Date: 06/25/2025 ] Length of Brief: 3,518 Words. [25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226] (Handwerker, Jeffrey) [Entered: 06/25/2025 08:16 PM] |
| AMICUS FOR APPELLANT BRIEF [2122274] lodged by Community Oncology Alliance, Inc. [Service Date: 06/25/2025 ] Length of Brief: 6,002 words.. [25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226] [Edited 07/03/2025 by EKC--MODIFIED EVENT FROM FILED TO LODGED] (Modafferi, Matthew) [Entered: 06/25/2025 02:58 PM] |
| AMICUS FOR APPELLANT BRIEF [2122203] lodged by CF UNITED, ACT NOW, AND ADAP ADVOCACY [Service Date: 06/24/2025 ] Length of Brief: ATTACHED (6,428 words). [25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226] [Edited 07/03/2025 by EKC--MODIFIED EVENT FROM FILED TO LODGED] (Sarraille, William) [Entered: 06/24/2025 07:09 PM] |
| MOTION [2122202] to participate as amicus curiae [Disclosure Listing: Attached] filed by CF UNITED, ACT NOW, and ADAP ADVOCACY [Service Date: 06/24/2025 ] [25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226] (Sarraille, William) [Entered: 06/24/2025 06:55 PM] |
| NOTICE [2122179] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Pharmaceutical Research and Manufacturers of America; Biotechnology Innovation Organization [Service Date: 06/24/2025 ] [25-5177, 25-5179, 25-5221, 25-5220, 25-5223, 25-5224, 25-5226]--[Edited 07/02/2025 by LMF] (Perry, Phillip) [Entered: 06/24/2025 05:00 PM] |
| NOTICE [2122130] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Johnson & Johnson Health Care Systems Inc. [Service Date: 06/24/2025 ] [25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226]--[Edited 06/30/2025 by EMT--MODIFIED PARTY FILER] (Handwerker, Jeffrey) [Entered: 06/24/2025 02:48 PM] |
| NOTICE [2121814] filed to join in brief filed by Kalderos, Inc. [Service Date: 06/23/2025 ] [25-5220] (Zidlicky, Paul) [Entered: 06/23/2025 10:37 AM] |
| EMERGENCY MOTION [2122004] to dismiss cross-appeals filed by Novartis Pharmaceuticals Corporation in 25-5223, Bristol Myers Squibb Company in 25-5224, Eli Lilly and Company and Lilly USA, LLC in 25-5226 (Service Date: 06/23/2025 by CM/ECF NDA) Length Certification: 3,118 words. [25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226] (Marotta, Sean) [Entered: 06/23/2025 06:59 PM] |
| LETTER [2121989] filed by 340b, Genesis Healthcare System and University of Massachusetts Memorial Medical Center in 25-5177, 340B Health, Genesis Healthcare System and University of Massachusetts Memorial Medical Center in 25-5179, 25-5221, 25-5223, 25-5224, 25-5226 [Service Date: 06/23/2025 ] [25-5177, 25-5179, 25-5221, 25-5223, 25-5224, 25-5226] (Schultz, William) [Entered: 06/23/2025 05:38 PM] |
| DOCKETING STATEMENT [2121735] filed by Kalderos, Inc. [Service Date: 06/20/2025 ] [25-5220] (Zidlicky, Paul) [Entered: 06/20/2025 05:03 PM] |
| STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [2121734] filed by Kalderos, Inc. [Service Date: 06/20/2025 ] Intent: AppxNotDeferred [25-5220] (Zidlicky, Paul) [Entered: 06/20/2025 05:02 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2121733] filed by Kalderos, Inc. [Service Date: 06/20/2025 ] [25-5220] (Zidlicky, Paul) [Entered: 06/20/2025 05:01 PM] |
| STATEMENT OF ISSUES [2121730] filed by Kalderos, Inc. [Service Date: 06/20/2025 ] [25-5220] (Zidlicky, Paul) [Entered: 06/20/2025 05:01 PM] |
| TRANSCRIPT STATUS REPORT [2121728] filed by Kalderos, Inc. [Service Date: 06/20/2025 ]. Status of Transcripts: Final - All transcripts needed for the appeal have been completed and received. [25-5220] (Zidlicky, Paul) [Entered: 06/20/2025 05:00 PM] |
| UNDERLYING DECISION IN CASE [2121727] submitted by Kalderos, Inc. [Service Date: 06/20/2025 ] [25-5220] (Zidlicky, Paul) [Entered: 06/20/2025 04:58 PM] |
| AMENDED CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2121659] filed by 340b, Genesis Healthcare System and University of Massachusetts Memorial Medical Center in 25-5177, 340B Health, Genesis Healthcare System and University of Massachusetts Memorial Medical Center in 25-5179, 25-5223, 25-5224, 25-5221, 25-5226 [Service Date: 06/20/2025 ] [25-5177, 25-5179, 25-5223, 25-5224, 25-5221, 25-5226] (Schultz, William) [Entered: 06/20/2025 02:42 PM] |
| ENTRY OF APPEARANCE [2121383] filed by John C. O'Quinn on behalf of Appellants Eli Lilly and Company and Lilly USA, LLC. [25-5221] (O'Quinn, John) [Entered: 06/18/2025 01:04 PM] |
| CLERK'S ORDER [2121330] filed granting motion to consolidate [ # 2121276-2 ] in 25-5221, 25-5226. Case Nos. 25-5221 and 25-5226 are hereby consolidated with Nos. 25-5177, et al. Vacating as unnecessary the remaining deadlines established in the newly consolidated cases by the courts orders filed June 13, 2025 and June 17, 2025. Directing the parties in Nos. 25-5221 and 25-5226 by June 23, 2025, either to indicate their intent to join the relevant briefs and comply with the schedule provided for in the courts June 10, 2025 order or to propose an alternative briefing format and schedule. [25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226] [Entered: 06/18/2025 10:22 AM] |
| ENTRY OF APPEARANCE [2121338] filed by Maxwell A. Baldi and co-counsel Lindsey Powell and Michael S. Raab on behalf of Appellees Robert F. Kennedy, Jr. and Thomas J. Engels. [25-5223] (Baldi, Maxwell) [Entered: 06/18/2025 10:39 AM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2121342] filed by Thomas J. Engels and Robert F. Kennedy, Jr. in 25-5177, 25-5179, Thomas J. Engels, HHS, Robert F. Kennedy, Jr., U.S. Health Resources and Services Administration and USA in 25-5220, Thomas J. Engels, Health Resources and Services Administration, HHS and Robert F. Kennedy, Jr. in 25-5221, 25-5223, 25-5224, 25-5226 [Service Date: 06/18/2025 ] [25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226] (Baldi, Maxwell) [Entered: 06/18/2025 10:49 AM] |
| SEALED JOINT APPENDIX [2121657] filed by Novartis Pharmaceuticals Corporation in 25-5177, Bristol Myers Squibb Company in 25-5179, Kalderos, Inc. in 25-5220, Eli Lilly and Company in 25-5221 [Volumes: 1] [Service Date: 06/18/2025] [25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226] [Entered: 06/20/2025 02:40 PM] |
| LETTER [2121343] advising of arguing counsel's availability for oral argument filed by Thomas J. Engels and Robert F. Kennedy, Jr. in 25-5177, 25-5179, Thomas J. Engels, HHS, Robert F. Kennedy, Jr., U.S. Health Resources and Services Administration and USA in 25-5220, Thomas J. Engels, Health Resources and Services Administration, HHS and Robert F. Kennedy, Jr. in 25-5221, 25-5223, 25-5224, 25-5226 [Service Date: 06/18/2025 ] [25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226] (Baldi, Maxwell) [Entered: 06/18/2025 10:53 AM] |
| JOINT APPENDIX [2121472] filed by Novartis Pharmaceuticals Corporation in 25-5177, Bristol Myers Squibb Company in 25-5179, Eli Lilly and Company and Lilly USA, LLC in 25-5221 [Volumes: 4] [Service Date: 06/18/2025] [25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226] (Marotta, Sean) [Entered: 06/18/2025 07:18 PM] |
| APPELLANT BRIEF [2121476] filed by Novartis Pharmaceuticals Corporation in 25-5177, Bristol Myers Squibb Company in 25-5179, Kalderos, Inc. in 25-5220, Eli Lilly and Company and Lilly USA, LLC in 25-5221 [Service Date: 06/18/2025 ] Length of Brief: 12,615 words. [25-5177, 25-5179, 25-5220, 25-5221, 25-5223, 25-5224, 25-5226] (Marotta, Sean) [Entered: 06/18/2025 11:51 PM] |
| ENTRY OF APPEARANCE [2121073] filed by Maxwell A. Baldi and co-counsel Lindsey Powell and Michael S. Raab on behalf of Appellees Thomas J. Engels and Robert F. Kennedy, Jr.. [25-5224] (Baldi, Maxwell) [Entered: 06/17/2025 09:25 AM] |
| CLERK'S ORDER [2121207] filed granting motion to consolidate [ # 2120897-2 ] in 25-5220. Case No. 25-5220 is hereby consolidated with Nos. 25-5177, et al. Consolidating as cross-appeals case Nos. 25-5223 and 25-5224 with Nos. 25-5177, et al. Vacating as unnecessary the deadlines established in the newly consolidated cases by the courts orders filed June 13, 2025 and June 16, 2025. Directing the parties in Nos. 25-5220, 25-5223, and 25-5224 by June 23, 2025, either to indicate their intent to join the relevant briefs and comply with the schedule provided for in the courts June 10, 2025 order or to propose an alternative briefing format and schedule. [25-5177, 25-5179, 25-5220, 25-5223, 25-5224] [Entered: 06/17/2025 02:28 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [2121203] filed by 340B Health in 25-5179 [Service Date: 06/17/2025 ] [25-5179, 25-5177] (Schultz, William) [Entered: 06/17/2025 02:18 PM] |
| NOTICE OF APPEAL [2120954] seeking review of a decision by the U.S. District Court in 1:24-cv-03337-DLF filed by 340B Health, Genesis Healthcare System and University of Massachusetts Memorial Medical Center. Appeal assigned USCA Case Number: 25-5224. [25-5224] [Entered: 06/16/2025 03:42 PM] |
| CLERK'S ORDER [2120958] filed directing party to file initial submissions: APPELLANT docketing statement due 07/16/2025. APPELLANT certificate as to parties due 07/16/2025. APPELLANT statement of issues due 07/16/2025. APPELLANT underlying decision due 07/16/2025. APPELLANT deferred appendix statement due 07/16/2025. APPELLANT entry of appearance due 07/16/2025. APPELLANT transcript status report due 07/16/2025. APPELLANT procedural motions due 07/16/2025. APPELLANT dispositive motions due 07/31/2025; directing party to file initial submissions: APPELLEE certificate as to parties due 07/16/2025. APPELLEE entry of appearance due 07/16/2025. APPELLEE procedural motions due 07/16/2025. APPELLEE dispositive motions due 07/31/2025 [25-5224] [Entered: 06/16/2025 03:49 PM] |
| US CIVIL CASE docketed. [25-5224] [Entered: 06/16/2025 03:41 PM] |
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