Amgen Inc. et al v. Mizner et al
| Amgen Inc., Immunex Corporation and Amgen Manufacturing Limited LLC |
| Gail Mizner, Sami Diab, Amarylis Gutierrez, Catherine Harshbarger, James Justin VandenBerg, Michael Conway and Philip Weiser |
| Pharmaceutical Research and Manufacturers of America, The Chamber of Commerce of the United States of America and The Biotechnology Innovation Organization |
| 1:2025cv03452 |
| October 30, 2025 |
| U.S. District Court for the District of Colorado |
| Daniel D Domenico |
| Scott T Varholak |
| Constitutionality of State Statutes |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on March 11, 2026. A more recent docket listing may be available from PACER.
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| Filing 52 COURTROOM MINUTES for Discovery Hearing held on 3/11/2026 before Magistrate Judge Scott T. Varholak. ORDERED: Defendants' deadline for production of documents is extended to March 27, 2026. The discovery cut-off is set for March 31, 2026, with the exception to allow the deposition of Dr. Mizner, as stated on the record. The deposition shall be conducted between March 31, 2026 and April 28, 2026 in Aspen, CO or virtually, as discussed. Defendants' response to Plaintiffs' Motion for Preliminary Injunction #18 shall be filed on or before April 28, 2026. Plaintiffs reply to the motion shall be filed on or before May 19, 2026, as stated on the record. FTR: STV A402. (sgrim) |
Filing 51
MINUTE ORDER Pursuant to parties' request, a Discovery Hearing is set for 3/11/2026 at 11:00 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. Today, 3/10/2026, the parties shall submit via email to [email protected] brief statement(s) setting forth the issues to be resolved by the Court and the parties' respective positions on each issue. All parties that wish to participate in the hearing by telephone may do so by calling 571-353-2301 at the scheduled time and using Meeting ID: 252821415#. The participants may hear the conclusion of a prior hearing at the time they call in and are instructed to simply wait until their case is called. SO ORDERED, by Magistrate Judge Scott T. Varholak on 3/10/2026. Text Only Entry (stvlc7, )
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Filing 50
JOINT PROTECTIVE ORDER by Magistrate Judge Scott T. Varholak on 2/5/2026. (sphil, )
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Filing 49
ORDER granting #46 Joint Motion for Entry of Protective Order. The Court will enter the protective order proposed by the parties. SO ORDERED, by Magistrate Judge Scott T. Varholak on 2/5/2026. Text Only Entry(stvlc7, )
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| Filing 48 NOTICE of Entry of Appearance by Jared Michael Lax on behalf of Amgen Inc., Amgen Manufacturing Limited LLC, Immunex CorporationAttorney Jared Michael Lax added to party Amgen Inc.(pty:pla), Attorney Jared Michael Lax added to party Amgen Manufacturing Limited LLC(pty:pla), Attorney Jared Michael Lax added to party Immunex Corporation(pty:pla) (Lax, Jared) |
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Filing 47
ORDER REFERRING MOTION: #46 Joint Motion for Protective Order filed by Amgen Manufacturing Limited LLC, Amgen Inc., Immunex Corporation. Motion referred to Magistrate Judge Scott T. Varholak by Judge Daniel D. Domenico on 2/5/2026. Text Only Entry (dddlc1, )
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| Filing 46 Joint MOTION for Protective Order by Plaintiffs Amgen Inc., Amgen Manufacturing Limited LLC, Immunex Corporation. (Attachments: #1 Exhibit 1 - Joint Protective Order)(Mezzina, Paul) |
| Filing 45 ANSWER to #1 Complaint,, by Michael Conway, Sami Diab, Amarylis Gutierrez, Catherine Harshbarger, Gail Mizner, James Justin VandenBerg, Philip Weiser.(Stultz, Sara) |
| Filing 44 TRANSCRIPT of MOTION HEARING held on 01/07/2026 before Magistrate Judge Varholak. Pages: 1-32. Prepared by: AB LITIGATION SERVICES ([email protected] or [email protected]). 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. (AB Court Reporting & Video, Inc., ) |
| Filing 43 MINUTE ENTRY for Motion Hearing held on 1/7/2026 before Magistrate Judge Scott T. Varholak: ORDERED: #34 Defendants Motion for Limited Expedited Discovery is GRANTED IN PART as stated on the record. FTR: A402. (msmot, ) |
| Filing 42 REPLY to Response to #34 MOTION for Discovery filed by Defendants Michael Conway, Sami Diab, Amarylis Gutierrez, Catherine Harshbarger, Gail Mizner, James Justin VandenBerg, Philip Weiser. (Stultz, Sara) |
| Filing 41 RESPONSE to #34 MOTION for Discovery filed by Plaintiffs Amgen Inc., Amgen Manufacturing Limited LLC, Immunex Corporation. (Mezzina, Paul) |
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Filing 40
MINUTE ORDER The Scheduling Conference set for 1/6/2026 and all associated deadlines are VACATED given the pending #18 Motion for Preliminary Injunction. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/8/2025. Text Only Entry (stvlc7, )
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| Filing 39 STIPULATION for Extension of Time to Answer or Respond to the Complaint by Defendants Amarylis Gutierrez, Catherine Harshbarger, Michael Conway, James Justin VandenBerg, Gail Mizner, Philip Weiser, Sami Diab. All Defendants. (Stultz, Sara) |
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Filing 38
MINUTE ORDER This matter is before the Court on Defendants' #34 Motion for Limited Expedited Discovery (the "Motion"). The Court sets the following expedited briefing schedule: Plaintiffs shall file a Response to the Motion on or before 12/19/25, and Defendants may then file a reply on or before 12/26/25. This Motion will be taken up at a Hearing set for 1/7/26 at 11:30 AM in Courtroom A 402 before Magistrate Judge Scott T. Varholak. SO ORDERED, by Magistrate Judge Scott T. Varholak on 12/5/2025. Text Only Entry (stvlc7, ) Modified to correct text on 12/5/2025 (jrobe, ).
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Filing 37
ORDER GRANTING #35 Motion for Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction.The defendants' response deadline is extended to four weeks after the completion of any expedited discovery granted by Magistrate Judge Varholak, or three weeks after Judge Varholak's denial of the motion for expedited discovery.The plaintiffs' reply, if any, is due three weeks after the defendants' response(s).The parties need no longer reserve 1/29/2026 on their calendars for a potential hearing. The Court will determine a new hearing date if necessary after briefing on the preliminary-injunction motion is complete.SO ORDERED by Judge Daniel D. Domenico on 12/4/2025. Text Only Entry (dddlc1, )
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Filing 36
ORDER REFERRING MOTION: #34 Motion for Discovery filed by James Justin VandenBerg, Sami Diab, Philip Weiser, Amarylis Gutierrez, Catherine Harshbarger, Michael Conway, Gail Mizner. Motion referred to Magistrate Judge Scott T. Varholak by Judge Daniel D. Domenico on 12/5/2025. Text Only Entry (dddlc1, )
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| Filing 35 MOTION for Extension of Time to File Response/Reply as to #18 MOTION for Preliminary Injunction by Defendants Michael Conway, Sami Diab, Amarylis Gutierrez, Catherine Harshbarger, Gail Mizner, James Justin VandenBerg, Philip Weiser. (Attachments: #1 Exhibit Ex 1 - Email Correspondence)(Stultz, Sara) |
| Filing 34 MOTION for Discovery by Defendants Michael Conway, Sami Diab, Amarylis Gutierrez, Catherine Harshbarger, Gail Mizner, James Justin VandenBerg, Philip Weiser. (Attachments: #1 Exhibit Ex 1 - Email Correspondence, #2 Exhibit Ex 2 - Defendants First Set of Requests for Production of Documents, #3 Exhibit Ex 3 - Defendants First Set of Interrogatories and Requests for Admission)(Stultz, Sara) |
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Filing 33
ORDER re: #18 Plaintiffs' Motion for Preliminary Injunction. #17 Plaintiffs' Motion to Exceed Word Limitation is GRANTED, and the motion for preliminary injunction is accepted for filing.The defendants must respond on or before 12/19/2025, and the plaintiffs may reply on or before 1/16/2026. The defendants' response(s) must not exceed 10,000 words, and the plaintiffs' reply, if any, must not exceed 5,500 words.The parties must submit all pertinent exhibits and direct witness testimony (by affidavit or declaration) as attachments to their briefs. After reviewing the defendants' response(s) and the plaintiffs' reply, if any, the Court will determine whether to (a) hold a preliminary-injunction hearing, (b) request supplemental briefing from the parties on specific legal or factual questions, or (c) decide the motion on the papers submitted. Live testimony at the preliminary-injunction hearing, if one is held, will be limited to cross-examination and redirect examination.The parties are directed to reserve 1/29/2026 at 1:30 PM on their calendars for a potential preliminary-injunction hearing. #28 Motion of Pharmaceutical Research and Manufacturers of America and the Chamber of Commerce of the United States of America for Leave to File Brief as Amici Curiae and #32 Motion of Biotechnology Innovation Organization for Leave to File Brief as Amicus Curiae are GRANTED, and Docs. 28-1 and 32-1 are accepted for filing. #24 Plaintiffs' Unopposed Motion to Restrict is GRANTED, and the Clerk of Court is directed to maintain Doc. #25 at Level 1 restriction.SO ORDERED by Judge Daniel D. Domenico on 12/1/2025. Text Only Entry (dddlc1, )
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| Filing 32 MOTION to File Amicus Brief by Amicus The Biotechnology Innovation Organization. (Attachments: #1 Brief of Amicus Curiae, #2 Proposed Order)(Hallward-Driemeier, Douglas) |
| Filing 31 NOTICE of Entry of Appearance by Phillip Z. Yao on behalf of The Biotechnology Innovation OrganizationAttorney Phillip Z. Yao added to party The Biotechnology Innovation Organization(pty:am) (Yao, Phillip) |
| Filing 30 NOTICE of Entry of Appearance by Andrew J. O'Connor on behalf of The Biotechnology Innovation OrganizationAttorney Andrew J. O'Connor added to party The Biotechnology Innovation Organization(pty:am) (O'Connor, Andrew) |
| Filing 29 NOTICE of Entry of Appearance by Douglas H. Hallward-Driemeier on behalf of The Biotechnology Innovation OrganizationAttorney Douglas H. Hallward-Driemeier added to party The Biotechnology Innovation Organization(pty:am) (Hallward-Driemeier, Douglas) |
| Filing 28 MOTION for Leave to file Brief as Amici Curiae by Amicus Parties Pharmaceutical Research and Manufacturers of America, The Chamber of Commerce of the United States of America. (Attachments: #1 Proposed Amicus Brief, #2 Proposed Order (PDF Only))(Handwerker, Jeffrey) |
| Filing 27 NOTICE of Entry of Appearance by Jeffrey L. Handwerker on behalf of Pharmaceutical Research and Manufacturers of America, The Chamber of Commerce of the United States of AmericaAttorney Jeffrey L. Handwerker added to party Pharmaceutical Research and Manufacturers of America(pty:am), Attorney Jeffrey L. Handwerker added to party The Chamber of Commerce of the United States of America(pty:am) (Handwerker, Jeffrey) |
| Filing 26 NOTICE of Entry of Appearance by Rebecca Walker on behalf of All Defendants Attorney Rebecca Walker added to party Michael Conway(pty:dft), Attorney Rebecca Walker added to party Sami Diab(pty:dft), Attorney Rebecca Walker added to party Amarylis Gutierrez(pty:dft), Attorney Rebecca Walker added to party Catherine Harshbarger(pty:dft), Attorney Rebecca Walker added to party Gail Mizner(pty:dft), Attorney Rebecca Walker added to party James Justin VandenBerg(pty:dft), Attorney Rebecca Walker added to party Philip Weiser(pty:dft) (Walker, Rebecca) |
| Filing 25 RESTRICTED DOCUMENT - Level 1: Declaration of Adam Grennan by Plaintiffs Amgen Inc., Amgen Manufacturing Limited LLC, Immunex Corporation.. (Mezzina, Paul) |
| Filing 24 Unopposed MOTION for Leave to Restrict by Plaintiffs Amgen Inc., Amgen Manufacturing Limited LLC, Immunex Corporation. (Mezzina, Paul) |
| Filing 23 DECLARATION of Adam Grennan [redacted] regarding MOTION for Preliminary Injunction #18 by Plaintiffs Amgen Inc., Amgen Manufacturing Limited LLC, Immunex Corporation. (Mezzina, Paul) |
| Filing 22 DECLARATION of Jeanine Singer regarding MOTION for Preliminary Injunction #18 by Plaintiffs Amgen Inc., Amgen Manufacturing Limited LLC, Immunex Corporation. (Mezzina, Paul) |
| Filing 21 DECLARATION of Christopher Reed regarding MOTION for Preliminary Injunction #18 by Plaintiffs Amgen Inc., Amgen Manufacturing Limited LLC, Immunex Corporation. (Mezzina, Paul) |
| Filing 20 DECLARATION of Natalie Adams regarding MOTION for Preliminary Injunction #18 by Plaintiffs Amgen Inc., Amgen Manufacturing Limited LLC, Immunex Corporation. (Mezzina, Paul) |
| Filing 19 DECLARATION of Patrick Costello regarding MOTION for Preliminary Injunction #18 by Plaintiffs Amgen Inc., Amgen Manufacturing Limited LLC, Immunex Corporation. (Mezzina, Paul) |
| Filing 18 MOTION for Preliminary Injunction by Plaintiffs Amgen Inc., Amgen Manufacturing Limited LLC, Immunex Corporation. (Mezzina, Paul) |
| Filing 17 MOTION for Leave to File Excess Pages in Plaintiffs' Motion for Preliminary Injunction by Plaintiffs Amgen Inc., Amgen Manufacturing Limited LLC, Immunex Corporation. (Mezzina, Paul) |
| Filing 16 NOTICE OF CASE ASSOCIATION by Sara Louise Stultz on behalf of All Defendants (Stultz, Sara) |
| Filing 15 NOTICE of Entry of Appearance by Pawan Nelson on behalf of All Defendants Attorney Pawan Nelson added to party Michael Conway(pty:dft), Attorney Pawan Nelson added to party Sami Diab(pty:dft), Attorney Pawan Nelson added to party Amarylis Gutierrez(pty:dft), Attorney Pawan Nelson added to party Catherine Harshbarger(pty:dft), Attorney Pawan Nelson added to party Gail Mizner(pty:dft), Attorney Pawan Nelson added to party James Justin VandenBerg(pty:dft), Attorney Pawan Nelson added to party Philip Weiser(pty:dft) (Nelson, Pawan) |
| Filing 14 NOTICE of Entry of Appearance by Nicholas Andrew DePetro on behalf of All Defendants Attorney Nicholas Andrew DePetro added to party Michael Conway(pty:dft), Attorney Nicholas Andrew DePetro added to party Sami Diab(pty:dft), Attorney Nicholas Andrew DePetro added to party Amarylis Gutierrez(pty:dft), Attorney Nicholas Andrew DePetro added to party Catherine Harshbarger(pty:dft), Attorney Nicholas Andrew DePetro added to party Gail Mizner(pty:dft), Attorney Nicholas Andrew DePetro added to party James Justin VandenBerg(pty:dft), Attorney Nicholas Andrew DePetro added to party Philip Weiser(pty:dft) (DePetro, Nicholas) |
| Filing 13 NOTICE of Entry of Appearance by Sara Louise Stultz on behalf of All Defendants Attorney Sara Louise Stultz added to party Michael Conway(pty:dft), Attorney Sara Louise Stultz added to party Sami Diab(pty:dft), Attorney Sara Louise Stultz added to party Amarylis Gutierrez(pty:dft), Attorney Sara Louise Stultz added to party Catherine Harshbarger(pty:dft), Attorney Sara Louise Stultz added to party Gail Mizner(pty:dft), Attorney Sara Louise Stultz added to party James Justin VandenBerg(pty:dft), Attorney Sara Louise Stultz added to party Philip Weiser(pty:dft) (Stultz, Sara) |
| Filing 12 WAIVER OF SERVICE Returned Executed by Amgen Manufacturing Limited LLC, Immunex Corporation, Amgen Inc.. Michael Conway waiver sent on 10/30/2025, answer due 12/29/2025; Sami Diab waiver sent on 10/30/2025, answer due 12/29/2025; Amarylis Gutierrez waiver sent on 10/30/2025, answer due 12/29/2025; Catherine Harshbarger waiver sent on 10/30/2025, answer due 12/29/2025; Gail Mizner waiver sent on 10/30/2025, answer due 12/29/2025; James Justin VandenBerg waiver sent on 10/30/2025, answer due 12/29/2025; Philip Weiser waiver sent on 10/30/2025, answer due 12/29/2025. (Mezzina, Paul) |
| Filing 11 NOTICE of Entry of Appearance by Cliff Stricklin on behalf of Amgen Inc., Amgen Manufacturing Limited LLC, Immunex CorporationAttorney Cliff Stricklin added to party Amgen Inc.(pty:pla), Attorney Cliff Stricklin added to party Amgen Manufacturing Limited LLC(pty:pla), Attorney Cliff Stricklin added to party Immunex Corporation(pty:pla) (Stricklin, Cliff) |
| Filing 10 NOTICE of Entry of Appearance by Kelly Nicole Reeves on behalf of Amgen Inc., Amgen Manufacturing Limited LLC, Immunex CorporationAttorney Kelly Nicole Reeves added to party Amgen Inc.(pty:pla), Attorney Kelly Nicole Reeves added to party Amgen Manufacturing Limited LLC(pty:pla), Attorney Kelly Nicole Reeves added to party Immunex Corporation(pty:pla) (Reeves, Kelly) |
| Filing 9 NOTICE of Entry of Appearance by Nicholas A. Mecsas-Faxon on behalf of Amgen Inc., Amgen Manufacturing Limited LLC, Immunex CorporationAttorney Nicholas A. Mecsas-Faxon added to party Amgen Inc.(pty:pla), Attorney Nicholas A. Mecsas-Faxon added to party Amgen Manufacturing Limited LLC(pty:pla), Attorney Nicholas A. Mecsas-Faxon added to party Immunex Corporation(pty:pla) (Mecsas-Faxon, Nicholas) |
| Filing 8 NOTICE of Entry of Appearance by Alexander Kazam on behalf of Amgen Inc., Amgen Manufacturing Limited LLC, Immunex CorporationAttorney Alexander Kazam added to party Amgen Inc.(pty:pla), Attorney Alexander Kazam added to party Amgen Manufacturing Limited LLC(pty:pla), Attorney Alexander Kazam added to party Immunex Corporation(pty:pla) (Kazam, Alexander) |
| Filing 7 NOTICE of Entry of Appearance by Ashley Charles Parrish on behalf of Amgen Inc., Amgen Manufacturing Limited LLC, Immunex CorporationAttorney Ashley Charles Parrish added to party Amgen Inc.(pty:pla), Attorney Ashley Charles Parrish added to party Amgen Manufacturing Limited LLC(pty:pla), Attorney Ashley Charles Parrish added to party Immunex Corporation(pty:pla) (Parrish, Ashley) |
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Filing 6
ORDER SETTING SCHEDULING CONFERENCE by Magistrate Judge Scott T. Varholak on 10/30/2025. IT IS ORDERED: Pursuant to Fed. R. Civ. P. 16(b) and Local Civil Rule 16.1, the Court shall hold a scheduling conference on: January 6, 2026 at 11:45 AM in Courtroom A-402, Alfred A. Arraj United States Courthouse, 901 19th Street, Denver, Colorado. On or before December 30, 2025, the parties shall file a joint proposed scheduling order in the form required pursuant to D.C.COLO.LCivR 16.2. (jrobe, )
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Filing 5
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 Daniel D. Domenico on 10/30/2025. Text Only Entry. (rkeec)
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| Filing 4 SUMMONS issued by Clerk. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Magistrate Judge Consent Form) (echa, ) |
| Filing 3 Case assigned to Judge Daniel D. Domenico and drawn to Magistrate Judge Scott T. Varholak. Text Only Entry. (echa, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT identifying Corporate Parent Amgen Inc. for Amgen Manufacturing Limited LLC, Immunex Corporation. (Mezzina, Paul) |
| Filing 1 COMPLAINT against Michael Conway, Sami Diab, Amarylis Gutierrez, Catherine Harshbarger, Gail Mizner, James Justin VandenBerg, Philip Weiser (Filing fee $ 405,Receipt Number ACODC-10637849)Attorney Paul Alessio Mezzina added to party Amgen Inc.(pty:pla), Attorney Paul Alessio Mezzina added to party Amgen Manufacturing Limited LLC(pty:pla), Attorney Paul Alessio Mezzina added to party Immunex Corporation(pty:pla), filed by Amgen Manufacturing Limited LLC, Immunex Corporation, Amgen Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Summons, #12 Civil Cover Sheet)(Mezzina, Paul) |
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