AbbVie Inc. et al v. Weiser et al
Plaintiff: AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC and Allergan Sales, LLC
Defendant: Philip Weiser, Kristen Wolf, Ryan Leyland, Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli and Jayant Patel
Amicus Curiae: American Hospital Association, 340B Health, Colorado Hospital Association and American Society of Health-Systems Pharmacists
Cross-Defendant: IHC Health Services, Inc.
Case Number: 1:2025cv01847
Filed: June 12, 2025
Court: U.S. District Court for the District of Colorado
Presiding Judge: William J Martinez
Referring Judge: Kathryn A Starnella
Nature of Suit: Constitutionality of State Statutes
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 10, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 5, 2025 Opinion or Order Filing 132 LETTER TO USCA and all counsel certifying the record is complete as to #123 Notice of Appeal, filed by AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC, AbbVie Inc.. A transcript order form was filed stating that the necessary transcript is already on file. ( Appeal No. 25-1439) Text Only Entry. (jrobe, )
December 5, 2025 Opinion or Order Filing 131 TRANSCRIPT ORDER FORM re #123 Notice of Appeal, by Plaintiffs AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Owen, Matthew)
November 25, 2025 Opinion or Order Filing 130 BRIEF re 125 Order,,, by Defendants Patricia Evacko, Ryan Leyland, Jayant Patel, Michael Scruggs, Avani Soni, Philip Weiser, Kristen Wolf, Alexandra Zuccarelli. (Michaels, Joseph)
November 25, 2025 Opinion or Order Filing 129 BRIEF re 125 Order,,, Regarding the Court's Jurisdiction Pending Appeal by Plaintiffs AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC. (Benz, Theresa)
November 21, 2025 Opinion or Order Filing 128 USCA Case Number USCA 10th Circuit for #123 Notice of Appeal, filed by AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC, AbbVie Inc.. (jrobe, )
November 21, 2025 Opinion or Order Filing 127 REPLY to Response to #81 MOTION to Dismiss filed by Defendants Patricia Evacko, Ryan Leyland, Jayant Patel, Michael Scruggs, Avani Soni, Philip Weiser, Kristen Wolf, Alexandra Zuccarelli. (Attachments: #1 Exhibit A - Memorandum Decision & Order)(Michaels, Joseph)
November 20, 2025 Opinion or Order Filing 126 LETTER Transmitting Notice of Appeal to all counsel advising of the transmittal of the #123 Notice of Appeal, filed by AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC, AbbVie Inc. to the U.S. Court of Appeals. ( Retained Counsel, Fee paid,) (Attachments: #1 Preliminary Record)(jrobe, )
November 19, 2025 Opinion or Order Filing 125 ORDER: This matter is before the Court on Plaintiffs' Notice of Appeal from an Appealable Order ("Appeal") #123 , filed on November 19, 2025. The Court seeks contemporaneous briefing by the parties on the issue of the extent to which, if at all, this Court retains jurisdiction to address the merits of the claims and defenses in this action during the pendency of the Appeal with the Tenth Circuit Court of Appeals. The Court ORDERS the parties to file these briefs by no later than November 25, 2025. These briefs will be limited to no more than five pages, exclusive of attorney signature block and certificate of service. No response to these briefs will be permitted. SO ORDERED by Judge William J. Martinez on 11/19/2025. Text Only Entry (wjmja, )
November 19, 2025 Opinion or Order Filing 124 MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Kathryn A. Starnella on 11/19/2025. Motion to Stay Discovery #121 is GRANTED. FTR: KAS Courtroom A501. (lgale, )
November 19, 2025 Opinion or Order Filing 123 NOTICE OF APPEAL as to #115 Order on Motion for Preliminary Injunction by Plaintiffs AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Filing fee $ 605, Receipt Number ACODC-10672741) (Benz, Theresa)
November 19, 2025 Opinion or Order Filing 122 MEMORANDUM regarding #121 MOTION to Stay Discovery filed by Philip Weiser, Avani Soni, Kristen Wolf, Alexandra Zuccarelli, Jayant Patel, Ryan Leyland, Michael Scruggs, Patricia Evacko. Motion referred to Magistrate Judge Kathryn A. Starnella by Judge William J. Martinez on 11/19/2025. Text Only Entry (wjmja, )
November 18, 2025 Opinion or Order Filing 121 MOTION to Stay Discovery by Defendants Patricia Evacko, Ryan Leyland, Jayant Patel, Michael Scruggs, Avani Soni, Philip Weiser, Kristen Wolf, Alexandra Zuccarelli. (Michaels, Joseph)
November 18, 2025 Opinion or Order Filing 120 PRE-SCHEDULING CONFERENCE ORDER by Magistrate Judge Kathryn A. Starnella on 18 November 2025. (agryan)
November 13, 2025 Opinion or Order Filing 119 ORDER granting Defendants' Unopposed Motion for Leave to Exceed Page Limit for Reply in Support of Motion to Dismiss ("Motion") #118 . Defendants' Motion is GRANTED for good cause shown. Defendants are granted leave to file their Reply in Support of their Motion to Dismiss not to exceed 17 pages, exclusive of attorney signature blocks and certificate of service. SO ORDERED by Judge William J. Martinez on 11/13/2025. Text Only Entry(wjmja, )
November 13, 2025 Opinion or Order Filing 118 Unopposed MOTION for Leave to Exceed Page Limit for Reply in Support of #81 MOTION to Dismiss by Defendants Patricia Evacko, Ryan Leyland, Jayant Patel, Michael Scruggs, Avani Soni, Philip Weiser, Kristen Wolf, Alexandra Zuccarelli. (Michaels, Joseph)
November 12, 2025 Opinion or Order Filing 117 Proposed Scheduling Order by Defendants and by Plaintiffs AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC. (Benz, Theresa)
November 4, 2025 Opinion or Order Filing 116 NOTICE of Supplemental Authorities by Plaintiffs AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Attachments: #1 Exhibit 1)(Benz, Theresa)
October 31, 2025 Opinion or Order Filing 115 ORDER DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION (ECF No. 7) SO ORDERED by Judge William J. Martinez on 10/31/2025.(jrobe, ) Modified to correct text on 11/20/2025 (jrobe, ).
October 31, 2025 Opinion or Order Filing 114 ORDER granting #113 Defendants' Joint Unopposed Motion for Extension of Time to Reply to Plaintiffs' Response in Opposition to Defendants' Motion to Dismiss ("Motion"). Defendants are granted leave, for good cause shown, to file said Reply on or before November 21, 2025. SO ORDERED by Judge William J. Martinez on 10/31/2025. Text Only Entry(wjmja, )
October 31, 2025 Opinion or Order Filing 113 Unopposed MOTION for Extension of Time to File Response/Reply as to #81 MOTION to Dismiss by Defendants Patricia Evacko, Ryan Leyland, Jayant Patel, Michael Scruggs, Avani Soni, Philip Weiser, Kristen Wolf, Alexandra Zuccarelli. (Hunt, Jennifer)
October 30, 2025 Opinion or Order Filing 112 NOTICE of Supplemental Authorities re: #52 Brief in Support of Motion, #109 Brief in Opposition to Motion, by Plaintiffs AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Attachments: #1 Exhibit 1)(Benz, Theresa)
October 29, 2025 Opinion or Order Filing 111 REDACTED TRANSCRIPT of Motions Hearing held on 09/19/2025 before Judge Martinez. Pages: 1-294. Redaction of #99 Transcript,,,. (dmart, )
October 27, 2025 Opinion or Order Filing 110 CONSENT to Jurisdiction of Magistrate Judge by Plaintiffs AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC All parties do not consent.. (Benz, Theresa)
October 24, 2025 Opinion or Order Filing 109 BRIEF in Opposition to #81 MOTION to Dismiss filed by Plaintiffs AbbVie Inc., AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC. (Attachments: #1 Exhibit 1 to AbbVie's Brief in Opposition to Defendants' Motion to Dismiss)(Benz, Theresa)
October 16, 2025 Opinion or Order Filing 108 ORDER granting Third-Party IHC Health Services, Inc.'s Motion for Redaction of Transcript #107 . Third-Party IHC Health Services, Inc.'s Motion is GRANTED for good cause shown. Counsel for Third-Party IHC Health Services, Inc. is DIRECTED to contact Court Reporter Darlene Martinez, at 303-335-2312, to discuss the necessary arrangements and procedures by which the Court Reporter may comply with this Order. This discussion shall include the payment arrangements the Court Reporter will require in order to complete the labor-intensive work contemplated by Third-Party IHC Health Services, Inc.'s Motion. SO ORDERED by Judge William J. Martinez on 10/16/2025. Text Only Entry(wjmja, )
October 16, 2025 Opinion or Order Filing 107 MOTION to Redact #99 Transcript,,, by ThirdParty Defendant IHC Health Services, Inc.. (Attachments: #1 Exhibit A - Intermountain Redactions to Evidentiary Hearing Transcript)(Sabey, Mark)
October 10, 2025 Opinion or Order Filing 106 ORDER granting the Motion for Leave to File Supplemental Amicus Curiae Brief in Support of Defendants' Motion to Dismiss Plaintiffs' Amended Complaint #104 . The Amici Curiae's Motion is GRANTED for good cause shown. It is FURTHER ORDERED that the Supplemental Amici Curiae Brief in Support of Defendants' Motion to Dismiss Amended Complaint [104-1] is ACCEPTED as filed. SO ORDERED by Judge William J. Martinez on 10/10/2025. Text Only Entry(wjmja, )
October 9, 2025 Opinion or Order Filing 105 NOTICE of Supplemental Authorities by Defendants Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Philip Weiser, Kristen Wolf, Ryan Leyland (Attachments: #1 Exhibit Hearing Transcript, #2 Exhibit Minute Entry and Text Order)(Nierenberg, Lily)
October 9, 2025 Opinion or Order Filing 104 MOTION for Leave to to File Supplemental Amicus Curiae Brief in Support of Defendants' Motion to Dismiss Plaintiffs' Amended Complaint by Amicus Parties American Hospital Association, 340B Health, Colorado Hospital Association, American Society of Health-Systems Pharmacists. (Attachments: #1 Exhibit Supplemental Amicus Brief)(Schultz, William)
October 3, 2025 Opinion or Order Filing 103 NOTICE of Supplemental Authorities re: #7 MOTION for Preliminary Injunction by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC (Attachments: #1 Exhibit A - Order)(Owen, Matthew)
October 2, 2025 Opinion or Order Filing 102 NOTICE of Intent to Request Redaction by Mark Lynn Sabey re #99 Transcript,,, (Sabey, Mark)
October 2, 2025 Opinion or Order Filing 101 NOTICE of Entry of Appearance by Mark Lynn Sabey on behalf of IHC Health Services, Inc.Attorney Mark Lynn Sabey added to party IHC Health Services, Inc.(pty:3pd) (Sabey, Mark)
September 25, 2025 Opinion or Order Filing 100 NOTICE of Supplemental Authorities by Defendants Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Philip Weiser, Kristen Wolf, Ryan Leyland (Attachments: #1 Exhibit A - District of Maine Order)(Michaels, Joseph)
September 25, 2025 Opinion or Order Filing 99 TRANSCRIPT of Evidentiary Hearing held on 09/19/2025 before Judge Martinez. Pages: 1-294. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (dmart, )
September 23, 2025 Opinion or Order Filing 98 NOTICE of Supplemental Authorities re: #7 MOTION for Preliminary Injunction by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC (Attachments: #1 Exhibit 1)(Benz, Theresa)
September 23, 2025 Opinion or Order Filing 97 ORDER granting the Plaintiffs' Unopposed Motion for Extension of Time to File its Response to Defendants' Motion to Dismiss #96 . The Plaintiffs' Motion is granted for good cause shown. Plaintiffs are granted leave to file its Response to Defendants' Motion to Dismiss on or before October 24, 2025. Defendants are granted leave to file their Reply in support of their Motion to Dismiss on or before November 7, 2025. SO ORDERED by Judge William J. Martinez on 9/23/2025. Text Only Entry(wjmja, )
September 22, 2025 Opinion or Order Filing 96 Unopposed MOTION for Extension of Time to File Response/Reply as to #81 MOTION to Dismiss by Plaintiffs AbbVie Inc., Allergan, Inc., AbbVie Products LLC, Allergan Sales, LLC. (Benz, Theresa)
September 19, 2025 Opinion or Order Filing 95 WITNESS LIST for Evidentiary Hearing held on 9/19/2025. (hguer)
September 19, 2025 Opinion or Order Filing 94 ADMITTED EXHIBIT LIST for Evidentiary Hearing held 9/19/2025. (hguer)
September 19, 2025 Opinion or Order Filing 93 MINUTE ENTRY for Evidentiary Hearing held on 9/19/2025 before Judge William J. Martinez. Granting in part and denying in part the #90 Joint Motion for Leave to Restrict; Taking under advisement Plaintiffs' #7 Motion for Preliminary Injunction. Court Reporter: Darlene Martinez. (hguer)
September 18, 2025 Opinion or Order Filing 92 Witness List by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC. (Benz, Theresa)
September 18, 2025 Opinion or Order Filing 91 Exhibit List by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC. (Benz, Theresa)
September 18, 2025 Opinion or Order Filing 90 Joint MOTION for Leave to Restrict by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Benz, Theresa)
September 18, 2025 Opinion or Order Filing 89 Witness List by Defendants Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Philip Weiser, Kristen Wolf, Ryan Leyland. (Nierenberg, Lily)
September 18, 2025 Opinion or Order Filing 88 Exhibit List by Defendants Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Philip Weiser, Kristen Wolf, Ryan Leyland. (Nierenberg, Lily)
September 18, 2025 Opinion or Order Filing 87 NOTICE of Entry of Appearance by Hanna K. Eddy on behalf of AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLCAttorney Hanna K. Eddy added to party AbbVie Inc.(pty:pla), Attorney Hanna K. Eddy added to party Allergan, Inc.(pty:pla), Attorney Hanna K. Eddy added to party Durata Therapeutics, Inc.(pty:pla), Attorney Hanna K. Eddy added to party AbbVie Products LLC(pty:pla), Attorney Hanna K. Eddy added to party Pharmacyclics LLC(pty:pla), Attorney Hanna K. Eddy added to party Allergan Sales, LLC(pty:pla) (Eddy, Hanna)
September 16, 2025 Opinion or Order Filing 86 ORDER accepting Defendant Philip Weiser's Stipulation to Permit Remote Testimony of Dr. Kevin Forbush at September 19, 2025 Hearing on Preliminary Injunction #80 . Defendant's Stipulation is ACCEPTED for good cause shown. Dr. Kevin Forbush is granted leave to appear at the Evidentiary Hearing set for September 19, 2025 via video teleconference. Counsel will receive an email from this Court's Courtroom Deputy, Ms. Heidi Guerra, with instructions for participating in the video teleconference. SO ORDERED by Judge William J. Martinez on 9/16/2025. Text Only Entry (wjmja, )
September 16, 2025 Opinion or Order Filing 85 MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 16 September 2025. IT IS HEREBY ORDERED that the Motion #83 is GRANTED. The Scheduling Conference set for October 6, 2025, at 10:30 a.m. is VACATED and RESET to November 19, 2025, at 9:30 a.m. The parties' deadline to file a Proposed Scheduling Order is November 12, 2025.(agryan)
September 16, 2025 Opinion or Order Filing 84 MEMORANDUM regarding #83 Joint MOTION to Continue Scheduling Conference Currently Set for October 6, 2025, filed by AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC, AbbVie Inc.. Motion referred to Magistrate Judge Kathryn A. Starnella by Judge William J. Martinez on 9/16/2025. Text Only Entry (wjmja, )
September 16, 2025 Opinion or Order Filing 83 Joint MOTION to Continue Scheduling Conference Currently Set for October 6, 2025, by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC. (Benz, Theresa)
September 15, 2025 Opinion or Order Filing 82 NOTICE of Supplemental Authorities by Defendants Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Philip Weiser, Kristen Wolf, Ryan Leyland (Attachments: #1 Exhibit Exhibit A - Fifth Circuit Slip Opinion Decision)(Michaels, Joseph)
September 12, 2025 Opinion or Order Filing 81 MOTION to Dismiss by Defendants Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Philip Weiser, Kristen Wolf, Ryan Leyland. (Michaels, Joseph)
September 12, 2025 Opinion or Order Filing 80 STIPULATION to Permit Remote Testimony of Dr. Kevin Forbush at September 19, 2025 Hearing on Preliminary Injunction by Defendant Philip Weiser. (Nierenberg, Lily)
September 10, 2025 Opinion or Order Filing 79 ORDER granting Defendants' Unopposed Motion to Exceed Page Limit for Defendants' Motion to Dismiss Plaintiffs' Amended Complaint #78 . Defendants' Motion is GRANTED for good cause shown. Defendant is granted leave to file their Motion to Dismiss Plaintiffs' Amended Complaint not to exceed 25 pages, exclusive of attorney signature blocks and certificate of service. Plaintiffs are GRANTED leave to file a Response of the same length. SO ORDERED by Judge William J. Martinez on 9/10/2025. Text Only Entry(wjmja, )
September 9, 2025 Opinion or Order Filing 78 Unopposed MOTION for Leave to File Excess Pages by Defendants Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Philip Weiser, Kristen Wolf, Ryan Leyland. (Michaels, Joseph)
September 4, 2025 Opinion or Order Filing 77 DECLARATION of KEVIN FORBUSH and KEVIN STANSBURY by Defendants Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Philip Weiser, Kristen Wolf, Ryan Leyland. (Michaels, Joseph)
September 3, 2025 Opinion or Order Filing 76 ORDER granting Defendants' Unopposed Motion for Leave to Supplement Preliminary Injunction Briefing #75 . The Defendants' Motion is GRANTED for good cause shown. Defendants are GRANTED leave to supplement their Preliminary Injunction briefing with the Declarations of Mr. Kevin Stansbury and Mr. Kevin Forbush. Defendants are DIRECTED to file the two declarations as one separate docket entry on CM/ECF by no later than tomorrow, September 4, 2025. SO ORDERED by Judge William J. Martinez on 9/3/2025. Text Only Entry(wjmja, )
September 3, 2025 Opinion or Order Filing 75 Unopposed MOTION for Leave to Supplement Preliminary Injunction Briefing by Defendants Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Philip Weiser, Kristen Wolf, Ryan Leyland. (Attachments: #1 Proposed Document Forbush Declaration, #2 Proposed Document Stansbury Declaration)(Michaels, Joseph)
September 2, 2025 Opinion or Order Filing 74 RESPONSE to #52 Brief in Support of Motion, by Defendants Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Philip Weiser, Kristen Wolf, Ryan Leyland. (Attachments: #1 Exhibit Exhibit B - 340B Program Notice)(Michaels, Joseph)
August 29, 2025 Opinion or Order Filing 73 JOINT STIPULATED PROTECTIVE ORDER by Magistrate Judge Kathryn A. Starnella on 29 August 2025. (cmadr, )
August 29, 2025 Opinion or Order Filing 72 MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 29 August 2025. IT IS HEREBY ORDERED that the Motion #68 is GRANTED. The Protective Order [#68-1] supplied by the parties is accepted, with the Courts modifications, and entered as an Order of the Court as of the date of this Minute Order.(cmadr, )
August 29, 2025 Opinion or Order Filing 71 MEMORANDUM regarding #68 Joint MOTION for Protective Order filed by AbbVie Products LLC, Allergan Sales, LLC, Allergan, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC, AbbVie Inc.. Motion referred to Magistrate Judge Kathryn A. Starnella by Judge William J. Martinez on 8/29/2025. Text Only Entry (wjmja, )
August 29, 2025 Opinion or Order Filing 70 NOTICE of Entry of Appearance of William B. Schultz by William Barnett Schultz on behalf of American Hospital Association, 340B Health, Colorado Hospital Association, American Society of Health-Systems PharmacistsAttorney William Barnett Schultz added to party American Hospital Association(pty:am), Attorney William Barnett Schultz added to party 340B Health(pty:am), Attorney William Barnett Schultz added to party Colorado Hospital Association(pty:am), Attorney William Barnett Schultz added to party American Society of Health-Systems Pharmacists(pty:am) (Schultz, William)
August 29, 2025 Opinion or Order Filing 69 NOTICE of Entry of Appearance by Margaret M. Dotzel on behalf of American Hospital Association, 340B Health, Colorado Hospital Association, American Society of Health-Systems PharmacistsAttorney Margaret M. Dotzel added to party American Hospital Association(pty:am), Attorney Margaret M. Dotzel added to party 340B Health(pty:am), Attorney Margaret M. Dotzel added to party Colorado Hospital Association(pty:am), Attorney Margaret M. Dotzel added to party American Society of Health-Systems Pharmacists(pty:am) (Dotzel, Margaret)
August 28, 2025 Opinion or Order Filing 68 Joint MOTION for Protective Order by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC. (Attachments: #1 Exhibit 1 - Proposed Joint Protective Order)(Benz, Theresa)
August 25, 2025 Opinion or Order Filing 67 NOTICE of Entry of Appearance by Zachary W. Fitzgerald on behalf of Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Kristen Wolf, Ryan LeylandAttorney Zachary W. Fitzgerald added to party Patricia Evacko(pty:dft), Attorney Zachary W. Fitzgerald added to party Avani Soni(pty:dft), Attorney Zachary W. Fitzgerald added to party Michael Scruggs(pty:dft), Attorney Zachary W. Fitzgerald added to party Alexandra Zuccarelli(pty:dft), Attorney Zachary W. Fitzgerald added to party Jayant Patel(pty:dft), Attorney Zachary W. Fitzgerald added to party Kristen Wolf(pty:dft), Attorney Zachary W. Fitzgerald added to party Ryan Leyland(pty:dft) (Fitzgerald, Zachary)
August 22, 2025 Opinion or Order Filing 66 ORDER granting #65 Defendants' Amended Unopposed Motion for Extension of Time to Respond to Plaintiffs' Amended Complaint. Defendants are granted leave, for good cause shown, to file said Response on or before September 12, 2025. SO ORDERED by Judge William J. Martinez on 8/22/2025. Text Only Entry(wjmja, )
August 22, 2025 Opinion or Order Filing 65 Amended MOTION for Extension of Time to File Answer or Otherwise Respond re #43 Amended Complaint by Defendants Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Philip Weiser, Kristen Wolf, Ryan Leyland. (Michaels, Joseph)
August 22, 2025 Opinion or Order Filing 64 ORDER denying Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Amended Complaint #63 . Defendants' Motion is DENIED without prejudice to refiling given Defendants' counsel's failure to comply with WJM Revised Practice Standard II.D.2. This Practice Standard requires that the certificate of service for motions of this type specifically confirm that service has been made upon moving counsel's client(s) and, if appropriate, identifies the individual who has received service of the motion on behalf of any party which is not a natural person. SO ORDERED by Judge William J. Martinez on 8/22/2025. Text Only Entry(wjmja, )
August 21, 2025 Opinion or Order Filing 63 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #43 Amended Complaint by Defendants Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Philip Weiser, Kristen Wolf, Ryan Leyland. (Michaels, Joseph)
August 20, 2025 Opinion or Order Filing 62 NOTICE of Subpoena to Produce Documents to Integrity Health by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC (Benz, Theresa)
August 20, 2025 Opinion or Order Filing 61 NOTICE of Subpoena to Produce Documents to Sisters of Charity Health System by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC (Benz, Theresa)
August 20, 2025 Opinion or Order Filing 60 NOTICE of Subpoena to Produce Documents to Delta County Memorial Hospital by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC (Benz, Theresa)
August 20, 2025 Opinion or Order Filing 59 NOTICE of Subpoena to Testify at a Deposition to Jonathan Cohee by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC (Benz, Theresa)
August 20, 2025 Opinion or Order Filing 58 NOTICE of Subpoena to Produce Documents to Lincoln Community Hospital by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC (Benz, Theresa)
August 20, 2025 Opinion or Order Filing 57 NOTICE of Subpoena to Testify at a Deposition to Kevin Forbush by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC (Benz, Theresa)
August 20, 2025 Opinion or Order Filing 56 NOTICE of Subpoena to Testify at a Deposition to Kevin Stansbury by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC (Benz, Theresa)
August 20, 2025 Opinion or Order Filing 55 STIPULATION Joint re Third-Party Discovery by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC. (Benz, Theresa)
August 20, 2025 Opinion or Order Filing 54 ORDER granting the Parties' Joint Motion for Continuance of Preliminary Injunction Hearing #53 . The Parties' Motion is GRANTED for good cause shown. While the Court in principle can abide the leisurely pace with which the parties have chosen to prosecute and defend this Rule 65 injunctive relief proceeding, it has reached its limit in the number of times it will allow its schedule to be disrupted with yet another postponement of the Evidentiary Hearing to be held on #7 Plaintiff's Motion for Preliminary Injunction.With this in mind, the Evidentiary Hearing on the Plaintiffs' Motion for a Preliminary Injunction set for August 27, 2025 at 1:30 p.m. is hereby VACATED and RESET to September 19, 2025, at 9:30 a.m. in Courtroom A801. NO FURTHER CONTINUANCE OF THE EVIDENTIARY HEARING WILL BE GRANTED. The parties shall familiarize themselves with the undersigned's Revised Practice Standards with regard to evidentiary hearings, and with particular emphasis on WJM Revised Practice Standard V.F.1, which requires the parties to meet and confer regarding the proposed exhibits and, to the maximum extent possible, stipulate to the authenticity and admissibility thereof. The parties are also encouraged to consult the "Morning-of-Trial Deliverables" portion of the undersigned's Trial Preparation Conference & Pretrial Checklist, available #here. SO ORDERED by Judge William J. Martinez on 8/20/2025. Text Only Entry(wjmja, )
August 19, 2025 Opinion or Order Filing 53 Joint MOTION to Continue the Preliminary Injunction Hearing by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC. (Attachments: #1 Exhibit 1)(Benz, Theresa)
August 18, 2025 Opinion or Order Filing 52 BRIEF in Support of #7 MOTION for Preliminary Injunction Filed in Accordance with Dkt 51, Order Granting Motion for Leave to File Supplemental Brief filed by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC. (Benz, Theresa)
August 18, 2025 Opinion or Order Filing 51 AMENDED ORDER granting Plaintiffs' ("AbbVie") Unopposed Motion for Leave to File a Supplemental Brief ("Motion") #45 . For good cause shown, AbbVie is GRANTED leave to separately file, by no later than August 22, 2025, its Supplemental Brief in Support of its Motion for a Preliminary Injunction ("Supplemental Brief"). It is FURTHER ORDERED that Defendants are GRANTED leave to file a response to the Supplemental Brief by no later than September 2, 2025. Both briefs shall not to exceed 4 pages, exclusive of attorney signature blocks and certificate of service. No Reply will be permitted. NO FURTHER BRIEFING ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION WILL BE PERMITTED. SO ORDERED by Judge William J. Martinez on 8/18/2025. Text Only Entry (wjmja, )
August 18, 2025 Opinion or Order Filing 50 ORDER granting Plaintiffs' ("AbbVie") Unopposed Motion for Leave to File a Supplemental Brief ("Motion") #45 . For good cause shown, AbbVie is GRANTED leave to separately file its Supplemental Brief in Support of its Motion for a Preliminary Injunction ("Supplemental Brief"). It is FURTHER ORDERED that Defendants are GRANTED leave to file a response to the Supplemental Brief not to exceed 4 pages, exclusive of attorney signature blocks and certificate of service, no later than 21 days after the Supplemental Brief has been separately docketed. No further reply will be permitted absent leave of Court. SO ORDERED by Judge William J. Martinez on 8/18/2025. Text Only Entry(wjmja, )
August 15, 2025 Opinion or Order Filing 49 NOTICE OF RELATED CASES by Defendants Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Philip Weiser, Kristen Wolf, Ryan Leyland (Michaels, Joseph)
August 15, 2025 Opinion or Order Filing 48 NOTICE of Entry of Appearance by Riley D. Satterwhite on behalf of AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLCAttorney Riley D. Satterwhite added to party AbbVie Inc.(pty:pla), Attorney Riley D. Satterwhite added to party Allergan, Inc.(pty:pla), Attorney Riley D. Satterwhite added to party Durata Therapeutics, Inc.(pty:pla), Attorney Riley D. Satterwhite added to party AbbVie Products LLC(pty:pla), Attorney Riley D. Satterwhite added to party Pharmacyclics LLC(pty:pla), Attorney Riley D. Satterwhite added to party Allergan Sales, LLC(pty:pla) (Satterwhite, Riley)
August 15, 2025 Opinion or Order Filing 47 NOTICE of Entry of Appearance by Neil Joseph on behalf of AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLCAttorney Neil Joseph added to party AbbVie Inc.(pty:pla), Attorney Neil Joseph added to party Allergan, Inc.(pty:pla), Attorney Neil Joseph added to party Durata Therapeutics, Inc.(pty:pla), Attorney Neil Joseph added to party AbbVie Products LLC(pty:pla), Attorney Neil Joseph added to party Pharmacyclics LLC(pty:pla), Attorney Neil Joseph added to party Allergan Sales, LLC(pty:pla) (Joseph, Neil)
August 15, 2025 Opinion or Order Filing 46 NOTICE of Entry of Appearance by Lily E. Nierenberg on behalf of Philip WeiserAttorney Lily E. Nierenberg added to party Philip Weiser(pty:dft) (Nierenberg, Lily)
August 13, 2025 Opinion or Order Filing 45 Unopposed MOTION for Leave to File a Supplemental Brief #7 MOTION for Preliminary Injunction by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC. (Attachments: #1 Exhibit 1)(Benz, Theresa)
August 12, 2025 Opinion or Order Filing 44 NOTICE of Entry of Appearance by Philip E. Manning on behalf of AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLCAttorney Philip E. Manning added to party AbbVie Inc.(pty:pla), Attorney Philip E. Manning added to party Allergan, Inc.(pty:pla), Attorney Philip E. Manning added to party Durata Therapeutics, Inc.(pty:pla), Attorney Philip E. Manning added to party AbbVie Products LLC(pty:pla), Attorney Philip E. Manning added to party Pharmacyclics LLC(pty:pla), Attorney Philip E. Manning added to party Allergan Sales, LLC(pty:pla) (Manning, Philip)
August 11, 2025 Opinion or Order Filing 43 AMENDED COMPLAINT against All Defendants, filed by Allergan, Inc., AbbVie Inc., Allergan Sales, LLC, Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC.(Benz, Theresa)
August 11, 2025 Opinion or Order Filing 42 NOTICE of Filing Amended Pleading re #1 Complaint,,, by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC (Attachments: #1 Exhibit 1 to Notice, #2 Exhibit 2 to Notice, #3 Exhibit 3 to Notice)(Benz, Theresa)
July 29, 2025 Opinion or Order Filing 41 ORDER: This matter is before the Court sua sponte. Due to a conflict in the Court's calendar the Evidentiary Hearing on the Plaintiffs' Motion for a Preliminary Injunction set for August 1, 2025 at 9:30 a.m. is hereby VACATED and RESET to August 27, 2025, at 1:30 p.m. in Courtroom A801. The parties shall familiarize themselves with the undersigned's Revised Practice Standards with regard to evidentiary hearings, and with particular emphasis on WJM Revised Practice Standard V.F.1, which requires the parties to meet and confer regarding the proposed exhibits and, to the maximum extent possible, stipulate to the authenticity and admissibility thereof. The parties are also encouraged to consult the "Morning-of-Trial Deliverables" portion of the undersigned's Trial Preparation Conference & Pretrial Checklist, available #here. Moreover, while the Court takes a dim view of Plaintiffs making expert disclosures for the first time with their Reply brief, as Defendants will now have nearly an additional month to prepare for the Evidentiary Hearing, their Emergency Motion to Strike Plaintiffs' Expert Witness Testimony (ECF No. #38 ) is DENIED for lack of good cause shown. SO ORDERED by Judge William J. Martinez on 7/29/2025. Text Only Entry (wjmja, )
July 28, 2025 Opinion or Order Filing 40 BRIEF in Opposition to #38 Emergency MOTION to Strike Plaintiffs' Expert Witness Testimony filed by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC. (Attachments: #1 Exhibit 1)(Owen, Matthew)
July 24, 2025 Opinion or Order Filing 39 ORDER: This matter is before the Court on Defendants' Emergency Motion to Strike Plaintiffs' Expert Witness Testimony #38 . Plaintiffs are DIRECTED to file a Response to that portion of Defendants' Motion that seeks to Strike Plaintiffs' Expert Witness Testimony on or before Monday, July 28, 2025. No Reply will be permitted. SO ORDERED by Judge William J. Martinez on 7/24/2025. Text Only Entry (wjmja, )
July 24, 2025 Opinion or Order Filing 38 Emergency MOTION to Strike Plaintiffs' Expert Witness Testimony by Defendants Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Philip Weiser, Kristen Wolf, Ryan Leyland. (Attachments: #1 Exhibit Exhibit 1 - Email Thread)(Johnson, Jennifer)
July 22, 2025 Opinion or Order Filing 37 NOTICE of Entry of Appearance by Robin E. Alexander on behalf of Philip WeiserAttorney Robin E. Alexander added to party Philip Weiser(pty:dft) (Alexander, Robin)
July 21, 2025 Opinion or Order Filing 36 REPLY to Response to #7 MOTION for Preliminary Injunction filed by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC. (Attachments: #1 Exhibit 30 - A. Chandra Expert Report, #2 Exhibit 31 - A. Chen Expert Report)(Owen, Matthew)
July 16, 2025 Opinion or Order Filing 35 ORDER granting the Unopposed Motion for Leave to File Amici Curiae Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction #34 . The Amici Curiae's Motion is GRANTED for good cause shown. It is FURTHER ORDERED that the Amici Curiae Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction [34-1] is ACCEPTED as filed. SO ORDERED by Judge William J. Martinez on 7/16/2025. Text Only Entry(wjmja, )
July 16, 2025 Opinion or Order Filing 34 Unopposed MOTION to File Amicus Brief in Opposition to Plaintiffs' Motion for Preliminary Injunction by Amicus Parties American Hospital Association, 340B Health, Colorado Hospital Association, American Society of Health-Systems Pharmacists. (Attachments: #1 Brief of Amici Curiae in Opposition to Plaintiffs' Motion for a Preliminary Injunction, #2 Corporate Disclosure Statement-American Hospital Assoc, #3 Corporate Disclosure Statement-340B Health, #4 Corporate Disclosure Statement-Colorado Hospital Assoc, #5 Corporate Disclosure Statement-American Society of Health System Pharmacists)(Sabey, M Brian)
July 11, 2025 Opinion or Order Filing 33 RESPONSE to #7 MOTION for Preliminary Injunction filed by Defendants Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Philip Weiser, Kristen Wolf, Ryan Leyland. (Attachments: #1 Exhibit Exhibit A - SB25-071)(Hunt, Jennifer)
July 2, 2025 Opinion or Order Filing 32 AMENDED ORDER: This matter is before the Court on Plaintiffs' Motion for a Preliminary Injunction #7 (the "Motion"). Defendants will file their Response(s) to the Motion by no later than July 11, 2025. Plaintiffs' Reply will be due no later than July 21, 2025. An Evidentiary Hearing on the Motion is hereby SET for August 1, 2025 at 9:30 a.m. in Courtroom A801. The parties shall familiarize themselves with the undersigned's Revised Practice Standards with regard to evidentiary hearings, and with particular emphasis on WJM Revised Practice Standard V.F.1, which requires the parties to meet and confer regarding the proposed exhibits and, to the maximum extent possible, stipulate to the authenticity and admissibility thereof. The parties are also encouraged to consult the "Morning-of-Trial Deliverables" portion of the undersigned's Trial Preparation Conference & Pretrial Checklist, available #here. SO ORDERED by Judge William J. Martinez on 7/2/2025. Text Only Entry (wjmja, )
July 2, 2025 Opinion or Order Filing 31 MOTION for Hearing/Conference re #7 MOTION for Preliminary Injunction , 22 Order,,, by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC. (Benz, Theresa)
July 1, 2025 Opinion or Order Filing 30 NOTICE of Entry of Appearance OF MATTHEW S. OWEN by Matthew Scott Owen on behalf of All Plaintiffs Attorney Matthew Scott Owen added to party AbbVie Inc.(pty:pla), Attorney Matthew Scott Owen added to party Allergan, Inc.(pty:pla), Attorney Matthew Scott Owen added to party Durata Therapeutics, Inc.(pty:pla), Attorney Matthew Scott Owen added to party AbbVie Products LLC(pty:pla), Attorney Matthew Scott Owen added to party Pharmacyclics LLC(pty:pla), Attorney Matthew Scott Owen added to party Allergan Sales, LLC(pty:pla) (Owen, Matthew)
July 1, 2025 Opinion or Order Filing 29 NOTICE of Entry of Appearance OF MEREDITH POHL by Meredith Marie Pohl on behalf of All Plaintiffs Attorney Meredith Marie Pohl added to party AbbVie Inc.(pty:pla), Attorney Meredith Marie Pohl added to party Allergan, Inc.(pty:pla), Attorney Meredith Marie Pohl added to party Durata Therapeutics, Inc.(pty:pla), Attorney Meredith Marie Pohl added to party AbbVie Products LLC(pty:pla), Attorney Meredith Marie Pohl added to party Pharmacyclics LLC(pty:pla), Attorney Meredith Marie Pohl added to party Allergan Sales, LLC(pty:pla) (Pohl, Meredith)
July 1, 2025 Opinion or Order Filing 28 ORDER granting #26 Motion for Extension of Time to Answer or Otherwise Respond All Defendants. IT IS HEREBY ORDERED that Defendants Joint Unopposed Motion for Extension of Time to Respond to Plaintiffs Complaint [#26] is GRANTED. The deadline for Defendants to respond to the complaint is extended to August 29, 2025. by Magistrate Judge Kathryn A. Starnella on 07/01/2025. Text Only Entry(kaslc6, )
July 1, 2025 Opinion or Order Filing 27 MEMORANDUM regarding #26 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,,, filed by Philip Weiser, Avani Soni, Kristen Wolf, Alexandra Zuccarelli, Jayant Patel, Ryan Leyland, Michael Scruggs, Patricia Evacko. Motion referred to Magistrate Judge Kathryn A. Starnella by Judge William J. Martinez on 7/1/2025. Text Only Entry (wjmja, )
July 1, 2025 Opinion or Order Filing 26 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,,, by Defendants Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Philip Weiser, Kristen Wolf, Ryan Leyland. (Johnson, Jennifer)
July 1, 2025 Opinion or Order Filing 25 NOTICE of Entry of Appearance by Joseph G. Michaels on behalf of Philip WeiserAttorney Joseph G. Michaels added to party Philip Weiser(pty:dft) (Michaels, Joseph)
June 30, 2025 Opinion or Order Filing 24 NOTICE of Entry of Appearance by Jennifer H. Hunt on behalf of Philip WeiserAttorney Jennifer H. Hunt added to party Philip Weiser(pty:dft) (Hunt, Jennifer)
June 30, 2025 Opinion or Order Filing 23 NOTICE of Entry of Appearance by Jennifer Marie Johnson on behalf of Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel, Kristen Wolf, Ryan LeylandAttorney Jennifer Marie Johnson added to party Patricia Evacko(pty:dft), Attorney Jennifer Marie Johnson added to party Avani Soni(pty:dft), Attorney Jennifer Marie Johnson added to party Michael Scruggs(pty:dft), Attorney Jennifer Marie Johnson added to party Alexandra Zuccarelli(pty:dft), Attorney Jennifer Marie Johnson added to party Jayant Patel(pty:dft), Attorney Jennifer Marie Johnson added to party Kristen Wolf(pty:dft), Attorney Jennifer Marie Johnson added to party Ryan Leyland(pty:dft) (Johnson, Jennifer)
June 25, 2025 Opinion or Order Filing 22 ORDER: This matter is before the Court on Plaintiffs' Motion for a Preliminary Injunction #7 (the "Motion"). Defendants will file their Response(s) to the Motion by no later than July 11, 2025. Plaintiffs' Reply will be due no later than July 21, 2025. Oral Argument on the Motion is hereby SET for August 1, 2025 at 10:30 a.m. in Courtroom A801. If any party believes that an evidentiary hearing on the Motion is warranted under the applicable facts and law, it will notify the Court of its position by no later than July 2, 2025, in which case the Court will issue an Amended Order setting forth the procedures to prepare for same. Said evidentiary hearing, if set in lieu of oral argument, will be held on August 1, 2025. SO ORDERED by Judge William J. Martinez on 6/25/2025. Text Only Entry (wjmja, )
June 23, 2025 Opinion or Order Filing 21 SUMMONS Returned Executed by All Plaintiffs. Ryan Leyland served on 6/20/2025, answer due 7/11/2025. (Benz, Theresa)
June 23, 2025 Opinion or Order Filing 20 SUMMONS Returned Executed by All Plaintiffs. Philip Weiser served on 6/20/2025, answer due 7/11/2025. (Benz, Theresa)
June 23, 2025 Opinion or Order Filing 19 SUMMONS Returned Executed by All Plaintiffs. Patricia Evacko served on 6/20/2025, answer due 7/11/2025. (Benz, Theresa)
June 23, 2025 Opinion or Order Filing 18 SUMMONS Returned Executed by All Plaintiffs. Michael Scruggs served on 6/20/2025, answer due 7/11/2025. (Benz, Theresa)
June 23, 2025 Opinion or Order Filing 17 SUMMONS Returned Executed by All Plaintiffs. Kristen Wolf served on 6/20/2025, answer due 7/11/2025. (Benz, Theresa)
June 23, 2025 Opinion or Order Filing 16 SUMMONS Returned Executed by All Plaintiffs. Jayant Patel served on 6/20/2025, answer due 7/11/2025. (Benz, Theresa)
June 23, 2025 Opinion or Order Filing 15 SUMMONS Returned Executed by All Plaintiffs. Avani Soni served on 6/20/2025, answer due 7/11/2025. (Benz, Theresa)
June 23, 2025 Opinion or Order Filing 14 SUMMONS Returned Executed by All Plaintiffs. Alexandra Zuccarelli served on 6/20/2025, answer due 7/11/2025. (Benz, Theresa)
June 23, 2025 Opinion or Order Filing 13 ORDER SETTINGSCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kathryn A. Starnella on 23 June 2025. Scheduling Conference set for 10/6/2025 10:30 AM in Courtroom A 501 before Magistrate Judge Kathryn A. Starnella. (Attachments: #1 Continuation of Main Document, #2 Continuation of Main Document) (cmadr, )
June 17, 2025 Opinion or Order Filing 12 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Allergan Holdings, Inc. and Allergan Holdco US, Inc. for Allergan Sales, LLC; Corporate Parent Allergan W.C. Holding, Inc. for Durata Therapeutics, Inc.; Corporate Parent AbbVie Inc. for AbbVie Products LLC, Pharmacyclics LLC; Corporate Parent Allergan Finance, LLC for Allergan, Inc.. (Benz, Theresa)
June 16, 2025 Opinion or Order Filing 11 SUMMONSES issued by Clerk. (jrobe, )
June 16, 2025 Opinion or Order Filing 10 ORDER: Counsel for the parties and all counsel who may later enter an appearance shall review and familiarize themselves with the undersigned's Revised Practice Standards (as most recently revised effective December 1, 2022 and as they may be amended from time to time), which may be downloaded #here. Counsel shall also review and familiarize themselves with the Practice Standards of the Magistrate Judge assigned in the referral role in this case. SO ORDERED by Judge William J. Martinez on 6/16/2025. Text Only Entry (wjmja, )
June 16, 2025 Opinion or Order Filing 9 ORDER REFERRING CASE to Magistrate Judge Kathryn A. Starnella, or such other Magistrate Judge who may in the future be reassigned to this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). ALSO ORDERED that unless service has otherwise been completed or arranged, Plaintiff's counsel is directed to effect service of the summons and complaint pursuant to Rule 4 of the Federal Rules of Civil Procedure no later than 30 days from the date of this Referral Order, in order for the initial scheduling conference to be held promptly. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 6/16/2025. Text Only Entry (wjmja, )
June 16, 2025 Opinion or Order Filing 8 MINUTE ORDER by Magistrate Judge Kathryn A. Starnella on 16 June 2025. Although a signed Consent/Non-Consent Form has not yet been filed, Plaintiffs have filed a motion seeking an injunction. See D.C.COLO.LCivR 40.1(c)(2)(a) (discussing assignment of cases in which a motion for injunctive relief has been filed). Accordingly,IT IS HEREBY ORDERED that this case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a). (Case randomly reassigned to Judge William J. Martinez for all further proceedings. All future pleadings shall be designated: 25-cv-01847-WJM.) (cmadr, )
June 13, 2025 Opinion or Order Filing 7 MOTION for Preliminary Injunction by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 03, #4 Exhibit 04, #5 Exhibit 05, #6 Exhibit 06, #7 Exhibit 07, #8 Exhibit 08, #9 Exhibit 09, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Proposed Order (PDF Only))(Benz, Theresa)
June 13, 2025 Opinion or Order Filing 6 SUMMONS REQUEST as to A. Soni, A. Zuccarelli, J. Patel, K. Wolf, M. Scruggs, P. Evacko, P. Weiser, R. Leyland by Plaintiffs AbbVie Inc., Allergan, Inc., Durata Therapeutics, Inc., AbbVie Products LLC, Pharmacyclics LLC, Allergan Sales, LLC. (Attachments: #1 Summons Zuccarelli, #2 Summons Patel, #3 Summons Wolf, #4 Summons Scruggs, #5 Summons Evacko, #6 Summons Weiser-AG, #7 Summons Leyland)(Benz, Theresa)
June 13, 2025 Opinion or Order Filing 5 NOTICE of Entry of Appearance by Tess Hand-Bender on behalf of All Plaintiffs Attorney Tess Hand-Bender added to party AbbVie Inc.(pty:pla), Attorney Tess Hand-Bender added to party Allergan, Inc.(pty:pla), Attorney Tess Hand-Bender added to party Durata Therapeutics, Inc.(pty:pla), Attorney Tess Hand-Bender added to party AbbVie Products LLC(pty:pla), Attorney Tess Hand-Bender added to party Pharmacyclics LLC(pty:pla), Attorney Tess Hand-Bender added to party Allergan Sales, LLC(pty:pla) (Hand-Bender, Tess)
June 13, 2025 Opinion or Order Filing 4 NOTICE of Entry of Appearance by Tara Leesar on behalf of All Plaintiffs Attorney Tara Leesar added to party AbbVie Inc.(pty:pla), Attorney Tara Leesar added to party Allergan, Inc.(pty:pla), Attorney Tara Leesar added to party Durata Therapeutics, Inc.(pty:pla), Attorney Tara Leesar added to party AbbVie Products LLC(pty:pla), Attorney Tara Leesar added to party Pharmacyclics LLC(pty:pla), Attorney Tara Leesar added to party Allergan Sales, LLC(pty:pla) (Leesar, Tara)
June 13, 2025 Opinion or Order Filing 3 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. Summons submitted has incomplete caption and not issued. Please file completed summons for issuance using the event Summons Request. (echa, )
June 13, 2025 Opinion or Order Filing 2 Case assigned to Magistrate Judge Kathryn A. Starnella. Text Only Entry. (echa, )
June 12, 2025 Opinion or Order Filing 1 COMPLAINT against All Defendants (Filing fee $ 405,Receipt Number ACODC-10390502)Attorney Theresa Wardon Benz added to party AbbVie Inc.(pty:pla), Attorney Theresa Wardon Benz added to party Allergan, Inc.(pty:pla), Attorney Theresa Wardon Benz added to party Durata Therapeutics, Inc.(pty:pla), Attorney Theresa Wardon Benz added to party AbbVie Products LLC(pty:pla), Attorney Theresa Wardon Benz added to party Pharmacyclics LLC(pty:pla), Attorney Theresa Wardon Benz added to party Allergan Sales, LLC(pty:pla), filed by Allergan Sales, LLC, Durata Therapeutics, Inc., Allergan, Inc., AbbVie Inc., AbbVie Products LLC, Pharmacyclics LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons Evacko, #3 Summons Leyland, #4 Summons Patel, #5 Summons Scruggs, #6 Summons Soni, #7 Summons Weiser, #8 Summons Wolf, #9 Summons Zuccarelli)(Benz, Theresa)

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Search for this case: AbbVie Inc. et al v. Weiser et al
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Plaintiff: AbbVie Inc.
Represented By: Theresa Wardon Benz
Represented By: Tess Hand-Bender
Represented By: Tara Leesar
Represented By: Meredith Marie Pohl
Represented By: Matthew Scott Owen
Represented By: Riley D. Satterwhite
Represented By: Philip E. Manning
Represented By: Neil Joseph
Represented By: Hanna K. Eddy
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Plaintiff: Allergan, Inc.
Represented By: Theresa Wardon Benz
Represented By: Tess Hand-Bender
Represented By: Tara Leesar
Represented By: Meredith Marie Pohl
Represented By: Matthew Scott Owen
Represented By: Riley D. Satterwhite
Represented By: Philip E. Manning
Represented By: Neil Joseph
Represented By: Hanna K. Eddy
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Plaintiff: Durata Therapeutics, Inc.
Represented By: Theresa Wardon Benz
Represented By: Tess Hand-Bender
Represented By: Tara Leesar
Represented By: Meredith Marie Pohl
Represented By: Matthew Scott Owen
Represented By: Riley D. Satterwhite
Represented By: Philip E. Manning
Represented By: Neil Joseph
Represented By: Hanna K. Eddy
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Plaintiff: AbbVie Products LLC
Represented By: Theresa Wardon Benz
Represented By: Tess Hand-Bender
Represented By: Tara Leesar
Represented By: Meredith Marie Pohl
Represented By: Matthew Scott Owen
Represented By: Riley D. Satterwhite
Represented By: Philip E. Manning
Represented By: Neil Joseph
Represented By: Hanna K. Eddy
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Plaintiff: Pharmacyclics LLC
Represented By: Theresa Wardon Benz
Represented By: Tess Hand-Bender
Represented By: Tara Leesar
Represented By: Meredith Marie Pohl
Represented By: Matthew Scott Owen
Represented By: Riley D. Satterwhite
Represented By: Philip E. Manning
Represented By: Neil Joseph
Represented By: Hanna K. Eddy
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Plaintiff: Allergan Sales, LLC
Represented By: Theresa Wardon Benz
Represented By: Tess Hand-Bender
Represented By: Tara Leesar
Represented By: Meredith Marie Pohl
Represented By: Matthew Scott Owen
Represented By: Riley D. Satterwhite
Represented By: Philip E. Manning
Represented By: Neil Joseph
Represented By: Hanna K. Eddy
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Defendant: Philip Weiser
Represented By: Robin E. Alexander
Represented By: Joseph G. Michaels
Represented By: Jennifer H. Hunt
Represented By: Lily E. Nierenberg
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Defendant: Kristen Wolf
Represented By: Jennifer Marie Johnson
Represented By: Zachary W. Fitzgerald
Represented By: Joseph G. Michaels
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Defendant: Ryan Leyland
Represented By: Jennifer Marie Johnson
Represented By: Zachary W. Fitzgerald
Represented By: Joseph G. Michaels
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Defendant: Patricia Evacko
Represented By: Jennifer Marie Johnson
Represented By: Zachary W. Fitzgerald
Represented By: Joseph G. Michaels
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Defendant: Avani Soni
Represented By: Jennifer Marie Johnson
Represented By: Zachary W. Fitzgerald
Represented By: Joseph G. Michaels
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Defendant: Michael Scruggs
Represented By: Jennifer Marie Johnson
Represented By: Zachary W. Fitzgerald
Represented By: Joseph G. Michaels
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Defendant: Alexandra Zuccarelli
Represented By: Jennifer Marie Johnson
Represented By: Zachary W. Fitzgerald
Represented By: Joseph G. Michaels
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Defendant: Jayant Patel
Represented By: Jennifer Marie Johnson
Represented By: Zachary W. Fitzgerald
Represented By: Joseph G. Michaels
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Amicus curiae: American Hospital Association
Represented By: M Brian Sabey
Represented By: William Barnett Schultz
Represented By: Margaret M. Dotzel
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Amicus curiae: 340B Health
Represented By: M Brian Sabey
Represented By: William Barnett Schultz
Represented By: Margaret M. Dotzel
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Amicus curiae: Colorado Hospital Association
Represented By: M Brian Sabey
Represented By: William Barnett Schultz
Represented By: Margaret M. Dotzel
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Amicus curiae: American Society of Health-Systems Pharmacists
Represented By: M Brian Sabey
Represented By: William Barnett Schultz
Represented By: Margaret M. Dotzel
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Cross-defendant: IHC Health Services, Inc.
Represented By: Mark Lynn Sabey
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