Pharmaceutical Research and Manufacturers of America v. Weiser et al
| Pharmaceutical Research and Manufacturers of America |
| Philip Weiser, Kristen Wolf, Ryan Leyland, Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli and Jayant Patel |
| The American Hospital Association, 340B Health, Colorado Hospital Association and American Society of Health-System Pharmacists |
| 1:2025cv02437 |
| August 6, 2025 |
| U.S. District Court for the District of Colorado |
| Regina M Rodriguez |
| Scott T Varholak |
| Constitutionality of State Statutes |
| 28 U.S.C. § 1331 ss - Fed. Question: Constitutionality of State Statutes |
| None |
Docket Report
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| Filing 58 NOTICE of Supplemental Authorities by Defendants Patricia Evacko, Ryan Leyland, Jayant Patel, Michael Scruggs, Avani Soni, Philip Weiser, Kristen Wolf, Alexandra Zuccarelli (Attachments: #1 Exhibit A - AstraZeneca Pharms LP v. Weiser Order, #2 Exhibit B - District of Utah Memorandum Decision and Order)(Michaels, Joseph) |
| Filing 57 NOTICE of Supplemental Authorities by Defendants Patricia Evacko, Ryan Leyland, Jayant Patel, Michael Scruggs, Avani Soni, Philip Weiser, Kristen Wolf, Alexandra Zuccarelli (Attachments: #1 Exhibit Ex. A - AbbVie v. Weiser Order, #2 Exhibit Ex. B - AbbVie v. Drummond Order)(Michaels, Joseph) |
| Filing 56 REPLY to Response to #41 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Defendants Patricia Evacko, Ryan Leyland, Jayant Patel, Michael Scruggs, Avani Soni, Philip Weiser, Kristen Wolf, Alexandra Zuccarelli. (Michaels, Joseph) |
Filing 55
ORDER granting #53 Unopposed Motion for Leave to File Excess Pages. Defendants may file a reply in support of their motion to dismiss not to exceed 15 pages. SO ORDERED, by Magistrate Judge Scott T. Varholak on 10/30/2025. Text Only Entry(stvlc6, )
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Filing 54
ORDER REFERRING MOTIONS: #41 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Avani Soni, Philip Weiser, Alexandra Zuccarelli, Kristen Wolf, Jayant Patel, Ryan Leyland, Michael Scruggs, Patricia Evacko, #53 Unopposed MOTION for Leave to File Excess Pages for Defendants' Reply in Support of Motion to Dismiss filed by Avani Soni, Philip Weiser, Jayant Patel, Kristen Wolf, Alexandra Zuccarelli, Michael Scruggs, Ryan Leyland, Patricia Evacko. Motions referred to Magistrate Judge Scott T. Varholak by Judge Regina M. Rodriguez on 10/29/2025. Text Only Entry (rmrja)
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| Filing 53 Unopposed MOTION for Leave to File Excess Pages for Defendants' Reply in Support of Motion to Dismiss by Defendants Patricia Evacko, Ryan Leyland, Jayant Patel, Michael Scruggs, Avani Soni, Philip Weiser, Kristen Wolf, Alexandra Zuccarelli. (Hunt, Jennifer) |
| Filing 52 BRIEF in Opposition to #41 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) filed by Plaintiff Pharmaceutical Research and Manufacturers of America. (Perry, Philip) |
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Filing 51
ORDER granting #49 Plaintiff's Unopposed Motion for Leave to Exceed Page Limit for Plaintiff's Response in Opposition to Defendant's Motion to Dismiss by Judge Regina M. Rodriguez on 10/15/2025. Text Only Entry(kmyha)
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Filing 50
ORDER granting #48 Defendants' Unopposed Motion for Leave to Exceed Page Limit for Defendants' Motion to Dismiss by Judge Regina M. Rodriguez on 10/15/2025.(kmyha)
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| Filing 49 Unopposed MOTION for Leave to File Excess Pages for Plaintiff's Response in Opposition to Defendants' Motion to Dismiss by Plaintiff Pharmaceutical Research and Manufacturers of America. (Attachments: #1 Proposed Order (PDF Only) Granting Plaintiff's Unopposed Motion to Exceed Page Limit for Plaintiff's Response in Opposition to Defendants' Motion to Dismiss [ECF No. 49])(Collins, Riley) |
| Filing 48 Unopposed MOTION for Leave to Exceed Page Limit #41 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by Defendants Patricia Evacko, Ryan Leyland, Jayant Patel, Michael Scruggs, Avani Soni, Philip Weiser, Kristen Wolf, Alexandra Zuccarelli. (Attachments: #1 Proposed Order (PDF Only) Proposed Order for Leave)(Fitzgerald, Zachary) |
| Filing 47 NOTICE of Supplemental Authorities by Defendants Patricia Evacko, Ryan Leyland, Jayant Patel, Michael Scruggs, Avani Soni, Philip Weiser, Kristen Wolf, Alexandra Zuccarelli (Attachments: #1 Exhibit Hearing Transcript, #2 Exhibit Minute Entry and Text Order)(Nierenberg, Lily) |
| Filing 46 REPLY to Response to #10 MOTION for Preliminary Injunction Hearing Requested filed by Plaintiff Pharmaceutical Research and Manufacturers of America. (Perry, Philip) |
| Filing 45 NOTICE of Entry of Appearance by William Barnett Schultz on behalf of The American Hospital Association, 340B Health, Colorado Hospital Association, American Society of Health-System Pharmacists (Schultz, William) |
| Filing 44 NOTICE of Entry of Appearance by Margaret M. Dotzel on behalf of The American Hospital Association, 340B Health, Colorado Hospital Association, American Society of Health-System PharmacistsAttorney Margaret M. Dotzel added to party The 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-System Pharmacists(pty:am) (Dotzel, Margaret) |
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Filing 43
ORDER granting #37 Motion for Leave to File Excess Pages. Plaintiff is granted leave to file a reply in support of its Motion for Preliminary Injunction, not to exceed 15 pages. SO ORDERED by Judge Regina M. Rodriguez on 9/29/2025. Text Only Entry(kmyha)
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Filing 42
ORDER granting #38 Motion to Continue. In light of #10 Motion for Preliminary Injunction, the Court VACATES the upcoming Scheduling Conference and related deadlines. SO ORDERED, by Magistrate Judge Scott T. Varholak on 9/26/2025. Text Only Entry(stvlc6, )
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| Filing 41 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6) by Defendants Philip Weiser, Kristen Wolf, Ryan Leyland, Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel. (Michaels, Joseph) |
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Filing 40
ORDER REFERRING MOTION: #38 Joint MOTION to Continue Scheduling Conference and Related Deadlines filed by Avani Soni, Philip Weiser, Alexandra Zuccarelli, Kristen Wolf, Jayant Patel, Ryan Leyland, Michael Scruggs, Patricia Evacko.Motion referred to Magistrate Judge Scott T. Varholak by Judge Regina M. Rodriguez on 9/26/2025. Text Only Entry (rmrja)
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Filing 39
ORDER REFERRING CASE to Magistrate Judge Scott T. Varholak. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of Local Civ. R. 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions, and (5) pursuant to Local Civ. R. 16.6 and at the discretion of the Magistrate Judge, convene such early neutral evaluation and/or settlement conferences and direct related procedures as may facilitate resolution of this case without the necessity of a motion or prior authorization of the undersigned. SO ORDERED by Judge Regina M. Rodriguez on 9/26/2025. Text Only Entry (rmrja)
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| Filing 38 Joint MOTION to Continue Scheduling Conference and Related Deadlines by Defendants Philip Weiser, Kristen Wolf, Ryan Leyland, Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel. (Nierenberg, Lily) |
| Filing 37 Unopposed MOTION for Leave to File Excess Pages for Plaintiff's Reply in Support of Plaintiff's Motion for Preliminary Injunction by Plaintiff Pharmaceutical Research and Manufacturers of America. (Attachments: #1 Proposed Order (PDF Only))(Collins, Riley) |
| Filing 36 MOTION to File Amicus Brief in Support of Defendants' Response in Opposition to Plaintiff's Motion for Preliminary Injunction by Amicus Parties The American Hospital Association, 340B Health, Colorado Hospital Association, American Society of Health-System Pharmacists. (Attachments: #1 Exhibit Brief of Amici Curiae, #2 Exhibit Corporate Disclosure Statement (ASHP), #3 Exhibit Corporate Disclosure Statement (340B), #4 Exhibit Corporate Disclosure Statement (AHA), #5 Exhibit Corporate Disclosure Statement (CHA))(Schultz, William) |
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Filing 35
ORDER granting #34 Motion for Extension of Time to Answer or Otherwise Respond. Defendants are granted a one-week extension of time, through 9/26/2025, to answer or otherwise respond to the Complaint #1 . SO ORDERED by Judge Regina M. Rodriguez on 9/18/2025. Text Only Entry(rmrja)
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| Filing 34 Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re #1 Complaint,,, by Defendants Philip Weiser, Kristen Wolf, Ryan Leyland, Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel. (Attachments: #1 Proposed Order (PDF Only))(Nierenberg, Lily) |
| Filing 33 RESPONSE to #10 MOTION for Preliminary Injunction Hearing Requested filed by Defendants Philip Weiser, Kristen Wolf, Ryan Leyland, Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel. (Attachments: #1 Exhibit Exhibit A - K. Stansbury Declaration)(Michaels, Joseph) |
| Filing 32 NOTICE of Entry of Appearance by Abid R. Qureshi on behalf of Pharmaceutical Research and Manufacturers of AmericaAttorney Abid R. Qureshi added to party Pharmaceutical Research and Manufacturers of America(pty:pla) (Qureshi, Abid) |
| Filing 31 NOTICE of Entry of Appearance by Andrew D. Prins on behalf of Pharmaceutical Research and Manufacturers of AmericaAttorney Andrew D. Prins added to party Pharmaceutical Research and Manufacturers of America(pty:pla) (Prins, Andrew) |
| Filing 30 NOTICE of Entry of Appearance by Philip J. Perry on behalf of Pharmaceutical Research and Manufacturers of AmericaAttorney Philip J. Perry added to party Pharmaceutical Research and Manufacturers of America(pty:pla) (Perry, Philip) |
| Filing 29 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Avani Soni, Kristen Wolf, Michael Scruggs, Jayant Patel, Philip Weiser, Alexandra Zuccarelli, Ryan Leyland, Patricia Evacko. All Defendants. (Nierenberg, Lily) |
| Filing 28 NOTICE of Entry of Appearance by Zachary W. Fitzgerald on behalf of Kristen Wolf, Ryan Leyland, Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant PatelAttorney Zachary W. Fitzgerald added to party Kristen Wolf(pty:dft), Attorney Zachary W. Fitzgerald added to party Ryan Leyland(pty:dft), Attorney 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) (Fitzgerald, Zachary) |
| Filing 27 NOTICE OF RELATED CASES by Defendants Philip Weiser, Kristen Wolf, Ryan Leyland, Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant Patel (Michaels, Joseph) |
| Filing 26 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) |
| Filing 25 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) |
| 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) |
| Filing 23 NOTICE of Entry of Appearance by Jennifer Marie Johnson on behalf of Kristen Wolf, Ryan Leyland, Patricia Evacko, Avani Soni, Michael Scruggs, Alexandra Zuccarelli, Jayant PatelAttorney Jennifer Marie Johnson added to party Kristen Wolf(pty:dft), Attorney Jennifer Marie Johnson added to party Ryan Leyland(pty:dft), Attorney 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) (Johnson, Jennifer) |
| Filing 22 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) |
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Filing 21
ORDER re: Plaintiff's #10 Motion for Preliminary Injunction. Defendants shall file a response to the Motion for Preliminary Injunction on or before September 15, 2025. Defendants are granted leave to file additional pages, not to exceed 25 pages, in their response. SO ORDERED by Judge Regina M. Rodriguez on 8/15/2025. Text Only Entry (kmyha)
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Filing 20
ORDER granting #9 Plaintiff's Unopposed Motion for Leave to File Excess Pages. Plaintiff is permitted to file its Motion for Preliminary Injunction in excess of this Court's page limitations. FURTHER ORDERED that Plaintiff's #10 Motion for Preliminary Injunction is accepted as filed. SO ORDERED by Judge Regina M. Rodriguez on 8/15/2025. Text Only Entry (kmyha)
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| Filing 19 SUMMONS Returned Executed by Pharmaceutical Research and Manufacturers of America. Avani Soni served on 8/12/2025, answer due 9/2/2025. (Collins, Riley) |
| Filing 18 SUMMONS Returned Executed by Pharmaceutical Research and Manufacturers of America. Jayant Patel served on 8/12/2025, answer due 9/2/2025. (Collins, Riley) |
| Filing 17 SUMMONS Returned Executed by Pharmaceutical Research and Manufacturers of America. Patricia Evacko served on 8/12/2025, answer due 9/2/2025. (Collins, Riley) |
| Filing 16 SUMMONS Returned Executed by Pharmaceutical Research and Manufacturers of America. Ryan Leyland served on 8/12/2025, answer due 9/2/2025. (Collins, Riley) |
| Filing 15 SUMMONS Returned Executed by Pharmaceutical Research and Manufacturers of America. Michael Scruggs served on 8/12/2025, answer due 9/2/2025. (Collins, Riley) |
| Filing 14 SUMMONS Returned Executed by Pharmaceutical Research and Manufacturers of America. Kristen Wolf served on 8/12/2025, answer due 9/2/2025. (Collins, Riley) |
| Filing 13 SUMMONS Returned Executed by Pharmaceutical Research and Manufacturers of America. Alexandra Zuccarelli served on 8/12/2025, answer due 9/2/2025. (Collins, Riley) |
| Filing 12 SUMMONS Returned Executed by Pharmaceutical Research and Manufacturers of America. Philip Weiser served on 8/12/2025, answer due 9/2/2025. (Collins, Riley) |
| Filing 11 CASE REASSIGNED. Pursuant to #10 MOTION for Preliminary Injunction Hearing Requested. All parties do not consent. Case randomly reassigned to Judge Regina M. Rodriguez and drawn to Magistrate Judge Scott T. Varholak. All future pleadings should be designated as 25-cv-02437-RMR. (Text Only Entry) (sphil, ) |
| Filing 10 MOTION for Preliminary Injunction Hearing Requested by Plaintiff Pharmaceutical Research and Manufacturers of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 5-A, #7 Exhibit 5-B, #8 Exhibit 5-C)(Neckers, Joel) |
| Filing 9 Unopposed MOTION for Leave to File Excess Pages for Plaintiff's Motion for Preliminary Injunction by Plaintiff Pharmaceutical Research and Manufacturers of America. (Neckers, Joel) |
| Filing 8 SUMMONS issued by Clerk. (jrobe, ) |
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Filing 7
ORDER Setting Deadline for Filing Election Concerning Consent/Non-Consent to Magistrate Jurisdiction Form and Setting Scheduling Conference by Magistrate Judge Scott T. Varholak on 8/7/2025. Consent Form due by 9/24/2025. Proposed Scheduling Order due 10/1/2025. Scheduling Conference set for 10/8/2025 09:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. (schap, )
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| Filing 6 NOTICE of Entry of Appearance by Riley Christopher Collins on behalf of Pharmaceutical Research and Manufacturers of AmericaAttorney Riley Christopher Collins added to party Pharmaceutical Research and Manufacturers of America(pty:pla) (Collins, Riley) |
| Filing 5 SUMMONS REQUEST as to Alexandra Zuccarelli, Avani Soni, Kristen Wolf, Patricia Evacko, Jayant Patel, Michael Scruggs, Ryan Leyland, and Phil Weiser re #1 Complaint,,, by Plaintiff Pharmaceutical Research and Manufacturers of America. (Attachments: #1 Summons Revised to Avani Soni, #2 Summons Revised to Kristen Wolf, #3 Summons Revised to Patricia Evacko, #4 Summons Revised to Jayant Patel, #5 Summons Revised to Michael Scruggs, #6 Summons Revised to Ryan Leyland, #7 Summons Revised to Weiser)(Neckers, Joel) |
| Filing 4 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. No Summons Issued due to Incomplete Caption. (eguth, ) |
| Filing 3 Case assigned to Magistrate Judge Scott T. Varholak. Text Only Entry (eguth, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT. (Neckers, Joel) |
| Filing 1 COMPLAINT For Declaratory And Preliminary And Permanent Injunctive Relief against Patricia Evacko, Ryan Leyland, Jayant Patel, Michael Scruggs, Avani Soni, Philip Weiser, Kristen Wolf, Alexandra Zuccarelli (Filing fee $ 405,Receipt Number ACODC-10481381)Attorney Joel S. Neckers added to party Pharmaceutical Research and Manufacturers of America(pty:pla), filed by Pharmaceutical Research and Manufacturers of America. (Attachments: #1 Civil Cover Sheet, #2 Summons to Patricia A. Evacko, #3 Summons to Ryan Leyland, #4 Summons to Jayant Patel, #5 Summons to Michael Scruggs, #6 Summons to Avani Soni, #7 Summons to Philip Weiser, #8 Summons to Kristen Wolf, #9 Summons to Alexandra Zuccarelli)(Neckers, Joel) |
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