Cesar Castillo, Inc. v. Amgen Inc. et al
| Cesar Castillo, Inc. |
| Teva Pharmaceuticals USA, Inc., Watson Pharmaceuticals, Inc., Amgen Inc., Actavis Pharma, Inc., Watson Laboratories, Inc., Actavis plc and Teva Pharmaceuticals Industries Ltd. |
| 1:2019cv00396 |
| February 26, 2019 |
| US District Court for the District of Delaware |
| Leonard P Stark |
| Anti-Trust |
| 15 U.S.C. § 1 |
| Plaintiff |
Docket Report
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Filing 31
ORAL ORDER: Having reviewed the parties' recent letters (C.A. No. 19-369 D.I. 12, 13, 14; C.A. No. 19-369 D.I. 27, 28, 29), IT IS HEREBY ORDERED that Plaintiffs' request for early, expedited discovery is DENIED WITHOUT PREJUDICE to renew in connection with the proposed scheduling order to be filed in accordance with this Order. At this point, Plaintiffs have not met their burden to show "good cause" for discovery outside of the ordinary schedule imposed by the Federal Rules of Civil Procedure. In particular, Plaintiffs fail to persuasively articulate how they are prejudiced if "prevent[ed]... from efficiently moving forward on the same footing and at the same pace" (C.A. No. 19-369 D.I. 12 at 3) as the plaintiff in Cipla, Ltd. v. Amgen, Inc., C.A. No. 19-44 ("Cipla Matter"). No request for preliminary injunctive relief is pending in these cases. (Such a motion is pending in the Cipla Matter. The Court currently anticipates resolving that motion by on or about May 3. Such resolution may impact the issues raised in the parties' letters in these cases.) Plaintiffs' request for broad early discovery is particularly disfavored and may be burdensome to Defendants (unlike, for example, a tailored request for discovery already produced in the Cipla Matter). The Court does not, however, agree with Defendants that discovery in these cases should necessarily await resolution of the matters pending before the Joint Panel on Multidistrict Litigation or any forthcoming motion to dismiss (although Defendants may renew these arguments in connection with the scheduling proposals to be submitted in accordance with this Order). Accordingly, IT IS FURTHER ORDERED that the parties shall meet and confer and (i) no later than fourteen (14) days from today determine a date for Defendants to answer, move to dismiss, or otherwise respond to the complaint; (ii) no later than thirty (30) days from today, the parties shall conduct a Rule 26(f) conference; and (iii) and no later than forty-five (45) days from today, the parties shall submit their proposed scheduling order(s) (consistent with Judge Stark's form scheduling order). IT IS FURTHER ORDERED that the teleconference scheduled for tomorrow is CANCELLED. ORDERED by Judge Leonard P. Stark on 4/25/19. Associated Cases: 1:19-cv-00369-LPS, 1:19-cv-00396-LPS (ntl)
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| Filing 30 MOTION for Pro Hac Vice Appearance of Attorney Henninger S. Bullock and Karen W. Lin - filed by Actavis Pharma, Inc., Actavis plc, Teva Pharmaceuticals Industries Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc., Watson Pharmaceuticals, Inc.. (Keller, Karen) |
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SO ORDERED, re (15 in 1:19-cv-00369-LPS) MOTION for Pro Hac Vice Appearance of Attorney Henninger S. Bullock and Karen W. Lin filed by Actavis Pharma Inc., Watson Laboratories, Inc., Teva Pharmaceuticals USA, Inc.; (30 in 1:19-cv-00396-LPS) MOTION for Pro Hac Vice Appearance of Attorney Henninger S. Bullock and Karen W. Lin filed by Watson Pharmaceuticals, Inc., Actavis plc, Actavis Pharma, Inc., Watson Laboratories, Inc., Teva Pharmaceuticals Industries Ltd., Teva Pharmaceuticals USA, Inc. Signed by Judge Leonard P. Stark on 4/25/19. Associated Cases: 1:19-cv-00369-LPS, 1:19-cv-00396-LPS (ntl)
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| Filing 29 Letter to The Honorable Leonard P. Stark from Jack B. Blumenfeld regarding Plaintiffs' April 22, 2019 Letter - re (12 in 1:19-cv-00369-LPS) Letter, (27 in 1:19-cv-00396-LPS) Letter,. (Blumenfeld, Jack) |
| Filing 28 Letter to The Honorable Leonard P. Stark from Karen E. Keller - re (12 in 1:19-cv-00369-LPS) Letter, (27 in 1:19-cv-00396-LPS) Letter,. (Attachments: #1 Exhibit A)(Keller, Karen) |
| Filing 27 Letter to The Honorable Leonard P. Stark from Ian Connor Bifferato and Tiffany J. Cramer on behalf of Plaintiffs in the referenced actions regarding Request for Production of Documents from Defendants - re 25 Order Setting Teleconference,,,,. (Attachments: #1 Exhibit A and B)(Cramer, Tiffany) |
| Filing 26 NOTICE of Withdrawal of Pro Hac Attorney Hugh Sandler by Cesar Castillo, Inc. (Cramer, Tiffany) |
| Pro Hac Vice Attorneys Michelle C. Clerkin and Michael M. Buchman for Cesar Castillo, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ddp) |
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Filing 25
ORAL ORDER: After having been advised by Plaintiff(s) and Defendant(s) of their inability to resolve a discovery matter, IT IS HEREBY ORDERED that a teleconference is scheduled for April 26, 2019 at 3:30 p.m. Counsel for the party seeking relief shall initiate the teleconference call to 302-573-4571. IT IS FURTHER ORDERED that not later than April 22, 2019, any party seeking relief shall file with the Court a letter, not to exceed three (3) pages, outlining the issues in dispute and its position on those issues. Not later than April 24, 2019, any party opposing the application for relief may file a letter, not to exceed three (3) pages, outlining that party's reasons for its opposition. Each party shall submit to the Court two (2) courtesy copies of its discovery letter and any attachments. Should the Court find further briefing necessary upon conclusion of the telephone conference, the Court will order it. Alternatively, the Court may choose to resolve the dispute prior to the telephone conference and will, in that event, cancel the conference. ORDERED by Judge Leonard P. Stark on 4/18/19. Associated Cases: 1:19-cv-00369-LPS, 1:19-cv-00396-LPS (ntl)
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| Pro Hac Vice Attorneys Bradley J. Vettraino and Thomas M. Sobol for Cesar Castillo, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ddp) |
| Pro Hac Vice Attorney Linda P. Nussbaum, Hugh D. Sandler, and Bart D. Cohen for Cesar Castillo, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) |
| Pro Hac Vice Attorney Jayne A. Goldstein for Cesar Castillo, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (ceg) |
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SO ORDERED, re #24 MOTION for Pro Hac Vice Appearance of Attorney Bradley J. Vettraino filed by Cesar Castillo, Inc., #23 MOTION for Pro Hac Vice Appearance of Attorney Thomas M. Sobol filed by Cesar Castillo, Inc. Signed by Judge Leonard P. Stark on 4/1/19. (ntl)
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| Filing 24 MOTION for Pro Hac Vice Appearance of Attorney Bradley J. Vettraino - filed by Cesar Castillo, Inc.. (Cramer, Tiffany) |
| Filing 23 MOTION for Pro Hac Vice Appearance of Attorney Thomas M. Sobol - filed by Cesar Castillo, Inc.. (Cramer, Tiffany) |
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SO ORDERED, re #22 MOTION for Pro Hac Vice Appearance of Attorney Michelle C. Clerkin filed by Cesar Castillo, Inc., #21 MOTION for Pro Hac Vice Appearance of Attorney Michael M. Buchman filed by Cesar Castillo, Inc. Signed by Judge Leonard P. Stark on 3/27/19. (ntl)
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| Filing 22 MOTION for Pro Hac Vice Appearance of Attorney Michelle C. Clerkin - filed by Cesar Castillo, Inc.. (Cramer, Tiffany) |
| Filing 21 MOTION for Pro Hac Vice Appearance of Attorney Michael M. Buchman - filed by Cesar Castillo, Inc.. (Cramer, Tiffany) |
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SO ORDERED, re #20 Stipulation and Order filed by Actavis Pharma, Inc., Watson Laboratories, Inc., Teva Pharmaceuticals USA, Inc. Signed by Judge Leonard P. Stark on 3/22/19. (ntl)
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| Filing 20 STIPULATION and Proposed Order Regarding Service of Process and Briefing Schedule by Actavis Pharma, Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (Keller, Karen) |
| Pro Hac Vice Attorney Benjamin F. Johns for Cesar Castillo, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lak) |
| Filing 19 Letter to The Honorable Leonard P. Stark from Ian Connor Bifferato and Tiffany J. Cramer on behalf of all parties in the referenced actions regarding Request for the Scheduling of a Discovery Teleconference. (Cramer, Tiffany) |
| Filing 18 NOTICE OF SERVICE of Plaintiff's First Set of Requests for Production of Documents Directed to Defendant Amgen Inc. filed by Cesar Castillo, Inc..(Cramer, Tiffany) |
| Pro Hac Vice Attorney Sharon K. Robertson for Cesar Castillo, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lak) |
| Pro Hac Vice Attorney Donna M. Evans for Cesar Castillo, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (lak) |
| Filing 17 SUMMONS Returned Executed by Cesar Castillo, Inc.. Watson Laboratories, Inc. served on 3/11/2019, answer due 4/1/2019. (Cramer, Tiffany) |
| Filing 16 SUMMONS Returned Executed by Cesar Castillo, Inc.. Teva Pharmaceuticals USA, Inc. served on 3/11/2019, answer due 4/1/2019. (Cramer, Tiffany) |
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SO ORDERED, re #6 MOTION for Pro Hac Vice Appearance of Attorney Jayne A. Goldstein filed by Cesar Castillo, Inc., #8 MOTION for Pro Hac Vice Appearance of Attorney Sharon K. Robertson filed by Cesar Castillo, Inc., #7 MOTION for Pro Hac Vice Appearance of Attorney Benjamin F. Johns filed by Cesar Castillo, Inc., #3 MOTION for Pro Hac Vice Appearance of Attorney Linda P. Nussbaum filed by Cesar Castillo, Inc., #9 MOTION for Pro Hac Vice Appearance of Attorney Donna M. Evans filed by Cesar Castillo, Inc., #4 MOTION for Pro Hac Vice Appearance of Attorney Bart D. Cohen filed by Cesar Castillo, Inc., #5 MOTION for Pro Hac Vice Appearance of Attorney Hugh Sandler filed by Cesar Castillo, Inc. Signed by Judge Leonard P. Stark on 3/11/19. (ntl)
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SO ORDERED, re #15 STIPULATION TO EXTEND TIME to ANSWER complaint to a date to be determined subject to meet and confer filed by Cesar Castillo, Inc. Signed by Judge Leonard P. Stark on 3/11/19. (ntl)
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| Minute Entry for proceedings held before Judge Leonard P. Stark - Status Conference held on 3/8/2019. (Court Reporter B. Gaffigan.) Associated Cases: 1:19-cv-00044-LPS, 1:19-cv-00369-LPS, 1:19-cv-00396-LPS (ntl) |
| Filing 15 STIPULATION TO EXTEND TIME to ANSWER complaint to a date to be determined subject to meet and confer - filed by Cesar Castillo, Inc.. (Attachments: #1 Certificate of Service)(Cramer, Tiffany) |
| Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) |
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Filing 14
ORAL ORDER: Having received requests from Plaintiffs' counsel in C.A. Nos. 19-369 and 19-396 to appear at the status conference scheduled in 19-44 for Friday, March 8 at 12:00 p.m., and understanding that the parties to 19-44 evidently oppose these requests, IT IS HEREBY ORDERED that the requests are GRANTED. It will be helpful to the Court to have present on Friday all counsel who represent anyone interested in being heard as the Court considers how to proceed in these likely related matters. ORDERED by Judge Leonard P. Stark on 3/5/19. Associated Cases: 1:19-cv-00044-LPS, 1:19-cv-00369-LPS, 1:19-cv-00396-UNA (ntl)
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| Filing 13 Letter to The Honorable Leonard P. Stark from Tiffany J. Cramer, Esquire regarding Requesting Permission to Appear at Status Conference. (Cramer, Tiffany) |
| Filing 12 SUMMONS Returned Executed by Cesar Castillo, Inc.. Amgen Inc. served on 2/28/2019, answer due 3/21/2019. (Cramer, Tiffany) |
| Filing 11 SUMMONS Returned Executed by Cesar Castillo, Inc.. Teva Pharmaceuticals USA, Inc. served on 2/28/2019, answer due 3/21/2019. (Cramer, Tiffany) |
| Filing 10 SUMMONS Returned Executed by Cesar Castillo, Inc.. Actavis Pharma, Inc. served on 2/28/2019, answer due 3/21/2019. (Cramer, Tiffany) |
| Filing 9 MOTION for Pro Hac Vice Appearance of Attorney Donna M. Evans - filed by Cesar Castillo, Inc.. (Cramer, Tiffany) |
| Filing 8 MOTION for Pro Hac Vice Appearance of Attorney Sharon K. Robertson - filed by Cesar Castillo, Inc.. (Cramer, Tiffany) |
| Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Benjamin F. Johns - filed by Cesar Castillo, Inc.. (Cramer, Tiffany) |
| Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Jayne A. Goldstein - filed by Cesar Castillo, Inc.. (Cramer, Tiffany) |
| Filing 5 MOTION for Pro Hac Vice Appearance of Attorney Hugh Sandler - filed by Cesar Castillo, Inc.. (Cramer, Tiffany) |
| Filing 4 MOTION for Pro Hac Vice Appearance of Attorney Bart D. Cohen - filed by Cesar Castillo, Inc.. (Cramer, Tiffany) |
| Filing 3 MOTION for Pro Hac Vice Appearance of Attorney Linda P. Nussbaum - filed by Cesar Castillo, Inc.. (Cramer, Tiffany) |
| Summons Issued with Magistrate Consent Notice attached as to Actavis Pharma, Inc. on 2/27/2019; Actavis plc on 2/27/2019; Amgen Inc. on 2/27/2019; Teva Pharmaceuticals Industries Ltd. on 2/27/2019; Teva Pharmaceuticals USA, Inc. on 2/27/2019; Watson Laboratories, Inc. on 2/27/2019; Watson Pharmaceuticals, Inc. on 2/27/2019. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (nmg) |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (nmg) |
| Filing 1 COMPLAINT filed with Jury Demand against Actavis Pharma, Inc., Actavis plc, Amgen Inc., Teva Pharmaceuticals Industries Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc., Watson Pharmaceuticals, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-2580068.) - filed by Cesar Castillo, Inc.. (Attachments: #1 Civil Cover Sheet)(nmg) |
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