Humana, Inc. v. Mallinckrodt ARD LLC et al
Plaintiff: Humana Inc.
Defendant: Mallinckrodt ARD LLC, Mallinckrodt ARD, Inc., Mallinckrodt plc and Questcor Pharmaceuticals, Inc.
Case Number: 1:2021cv00924
Filed: June 29, 2021
Court: US District Court for the District of Delaware
Presiding Judge: Leonard P Stark
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 1
Jury Demanded By: Plaintiff
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on July 30, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 30, 2021 Opinion or Order Filing 112 ORDER Transferring Case to the District of Delaware Bankruptcy Court. Signed by Judge Leonard P. Stark on 7/30/2021. CASE CLOSED. (etg)
July 30, 2021 Filing 111 MOTION for Pro Hac Vice Appearance of Attorney Matthew M. Wolf - filed by Mallinckrodt ARD LLC. (Maddox, Robert)
July 30, 2021 Filing 110 MOTION for Pro Hac Vice Appearance of Attorney Laura Shores - filed by Mallinckrodt ARD LLC. (Maddox, Robert)
July 30, 2021 Filing 109 MOTION for Pro Hac Vice Appearance of Attorney Eric Shapland - filed by Mallinckrodt ARD LLC. (Maddox, Robert)
July 30, 2021 Filing 108 MOTION for Pro Hac Vice Appearance of Attorney Sonia Kuester Pfaffenroth - filed by Mallinckrodt ARD LLC. (Maddox, Robert)
July 30, 2021 Filing 107 MOTION for Pro Hac Vice Appearance of Attorney Michael B. Bernstein - filed by Mallinckrodt ARD LLC. (Maddox, Robert)
July 29, 2021 Filing 106 NOTICE of Appearance by Robert Charles Maddox on behalf of Mallinckrodt ARD LLC (Maddox, Robert)
July 29, 2021 Opinion or Order SO ORDERED, re #105 MOTION for Pro Hac Vice Appearance of Attorney Matthew Freimuth, Benjamin P. McCallen, Benjamin E. Waldin, Scott C. Solberg filed by Humana Inc. Signed by Judge Leonard P. Stark on 7/29/21. (ntl)
July 28, 2021 Filing 105 MOTION for Pro Hac Vice Appearance of Attorney Matthew Freimuth, Benjamin P. McCallen, Benjamin E. Waldin, Scott C. Solberg - filed by Humana Inc.. (Harvey, Matthew)
July 28, 2021 Filing 104 NOTICE of Appearance by Matthew B. Harvey on behalf of Humana Inc. (Harvey, Matthew)
July 20, 2021 Filing 103 STATEMENT of the Parties Pursuant to Local Rule 81.2 by Mallinckrodt ARD LLC. (Attachments: #1 Certificate of Service)(Maddox, Robert)
July 12, 2021 Filing 102 Return of Undeliverable Mail sent to Gary S Lincenberg, D.I. #101 (no such street, unable to forward). (smg)
June 30, 2021 Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb)
June 29, 2021 Filing 101 Local Counsel Letter sent. Notice of Compliance deadline set for 7/29/2021. (mal)
June 29, 2021 Filing 100 Record of case transferred in from District of California Central; Case Number in Other District: 2:19-cv-06926. Copy of Docket Sheet and original file
June 29, 2021 Remark: added related case 21-cv-687-LPS to the docket. Per DI #99, Order granted motion to transfer case and referenced that these two cases are related. (rjb)
June 28, 2021 Opinion or Order Filing 99 ORDER by Judge Dale S. Fischer GRANTING Defendant's Motion to Transfer (Dkt. #89 ). (MD JS-6. Case Terminated.) See Order for specifics. (jp) [Transferred from California Central on 6/29/2021.]
June 8, 2021 Filing 98 NOTICE of Order by Judicial Panel on Multidistrict Litigation Denying Motion for Transfer of Actions filed by defendants Mallinckrodt ARD LLC. (Shapland, David) [Transferred from California Central on 6/29/2021.]
April 12, 2021 Filing 97 STATUS REPORT filed by Plaintiff Humana, Inc.. (Masters, Marc) [Transferred from California Central on 6/29/2021.]
March 17, 2021 Filing 96 NOTICE NOTICE OF FILING OF MOTION FOR TRANSFER OF ACTIONS PURSUANT TO 28 U.S.C. 1407 FOR COORDINATED OR CONSOLIDATED PRETRIAL PROCEEDINGS filed by non-party Notice Party. (Attachments: #1 Exhibit A)(Gouldsbury, Walter) [Transferred from California Central on 6/29/2021.]
March 10, 2021 Filing 95 NOTICE of Recent Supplemental Authority in Support of Motion to Transfer Venue filed by Defendant Mallinckrodt ARD LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Shapland, David) [Transferred from California Central on 6/29/2021.]
February 25, 2021 Opinion or Order Filing 94 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION OFF CALENDAR AND UNDER SUBMISSION by Judge Dale S. Fischer. The Court, on its own motion, takes the Motion #89 set for March 1, 2021 off calendar and under submission. The Court will set a new hearing date if it decides oral argument would be helpful. A written order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY [Transferred from California Central on 6/29/2021.]
February 15, 2021 Filing 93 REPLY in Support of NOTICE OF MOTION AND MOTION to Transfer Case to District of Delaware #89 filed by Defendant Mallinckrodt ARD LLC. (Pfaffenroth, Sonia) [Transferred from California Central on 6/29/2021.]
February 8, 2021 Filing 92 OPPOSITION filed by Plaintiff Humana, Inc.. (Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
February 8, 2021 Filing 91 Notice of Appearance or Withdrawal of Counsel: for attorney Jeremy D Matz counsel for Plaintiff Humana, Inc.. Jeremy D Matz is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff HUMANA, INC. (Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
February 8, 2021 Filing 90 Notice of Appearance or Withdrawal of Counsel: for attorney Jeremy D Matz counsel for Plaintiff Humana, Inc.. Adding Marc E Masters as counsel of record for HUMANA, INC for the reason indicated in the G-123 Notice. Filed by Plaintiff HUMANA, INC. (Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
January 27, 2021 Filing 89 NOTICE OF MOTION AND MOTION to Transfer Case to District of Delaware filed by defendant Mallinckrodt ARD LLC. Motion set for hearing on 3/1/2021 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum, #2 Declaration of Eric Shapland, #3 Exhibit A to Declaration of Eric Shapland, #4 Exhibit B to Declaration of Eric Shapland, #5 Exhibit C to Declaration of Eric Shapland, #6 Exhibit D to Declaration of Eric Shapland, #7 Exhibit E to Declaration of Eric Shapland, #8 Proposed Order) (Pfaffenroth, Sonia) [Transferred from California Central on 6/29/2021.]
October 13, 2020 Opinion or Order Filing 88 ORDER by Judge Dale S. Fischer, the Court orders Plaintiff to file periodic status reports indicating what steps have been taken to obtain relief from the stay or to prosecute the stayed claims in the bankruptcy proceeding. The first such report is to be filed on 4/12/2021. See Order for specifics. (jp) [Transferred from California Central on 6/29/2021.]
October 12, 2020 Filing 87 NOTICE of Suggestion of Pendency of Bankruptcy and Automatic Stay of Proceedings filed by Defendant Mallinckrodt ARD LLC. (Pfaffenroth, Sonia) [Transferred from California Central on 6/29/2021.]
September 23, 2020 Filing 86 ANSWER to Amended Complaint/Petition #60 (Second Amended Complaint) and Affirmative Defenses filed by Defendant Mallinckrodt ARD LLC.(Pfaffenroth, Sonia) [Transferred from California Central on 6/29/2021.]
August 24, 2020 Filing 85 JOINT STIPULATION to REQUEST for Protective Order for Confidentiality Stipulation for Protective Order re Confidentiality #83 Supplemental Stipulation re Protective Order re Confidentiality Entered on August 19, 2020 filed by Plaintiff Humana, Inc.. (Waldin, Benjamin) [Transferred from California Central on 6/29/2021.]
August 19, 2020 Opinion or Order Filing 84 MINUTES (IN CHAMBERS) ORDER RE: PROTECTIVE ORDER by Magistrate Judge Michael R. Wilner. The Court accepts and ENTERS the proposed order. (See Minute Order for further details) entered #83 Request for Protective Order (vm) [Transferred from California Central on 6/29/2021.]
August 19, 2020 Filing 83 REQUEST for Protective Order for Confidentiality Stipulation for Protective Order re Confidentiality filed by Plaintiff Humana Inc. Humana, Inc.. (Attachments: #1 Exhibit 1 - Proposed Order)(Waldin, Benjamin) [Transferred from California Central on 6/29/2021.]
August 18, 2020 Opinion or Order Filing 82 ORDER by Judge Dale S. Fischer re Stipulation to extend time to answer 2nd Amended Complaint shall be 9/23/2020 #81 . See Order for specifics. (et) [Transferred from California Central on 6/29/2021.]
August 18, 2020 Filing 81 Joint STIPULATION Extending Time to Answer the complaint as to Mallinckrodt ARD LLC answer now due 9/23/2020, re Amended Complaint/Petition #60 filed by defendant Mallinckrodt ARD LLC. (Attachments: #1 Declaration of D. Eric Shapland, #2 Proposed Order)(Shapland, David) [Transferred from California Central on 6/29/2021.]
August 14, 2020 Opinion or Order Filing 80 ORDER by Judge Dale S. Fischer GRANTING in Part and DENYING in Part Defendant'sMotion to Dismiss (Dkt. #65 ).. (See order for specifics). (et) [Transferred from California Central on 6/29/2021.]
July 21, 2020 Opinion or Order Filing 79 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION OFF CALENDAR AND UNDER SUBMISSION by Judge Dale S. Fischer. The Court, on its own motion, takes the Motion #65 set for Monday, July 27, 2020 off calendar and under submission. The Court will set a new hearing date if it decides oral argument would be helpful. A written order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY [Transferred from California Central on 6/29/2021.]
July 7, 2020 Filing 78 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint (specifically Counts I, II, III & IX in their entirety, and Counts IV, V, VI, VII & VIII partially) #65 filed by Defendant Mallinckrodt ARD LLC. (Pfaffenroth, Sonia) [Transferred from California Central on 6/29/2021.]
June 29, 2020 Opinion or Order Filing 77 ORDER/REFERRAL to ADR Procedure No 3 by Judge Dale S. Fischer. Case ordered to a private mediator based upon a stipulation of the parties or by the court order. ADR Proceeding to be held no later than 7/1/22. (rfi) [Transferred from California Central on 6/29/2021.]
June 29, 2020 Opinion or Order Filing 76 Order re Jury Trial by Judge Dale S. Fischer. These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine, unless the Court orders otherwise. See Trial Order for specifics. Final Pretrial Conference set for 8/29/2022 at 03:00 PM before Judge Dale S. Fischer. Jury Trial set for 9/12/2022 at 08:30 AM before Judge Dale S. Fischer. (rfi) [Transferred from California Central on 6/29/2021.]
June 29, 2020 Filing 75 TEXT ONLY ENTRY: (IN CHAMBERS) SCHEDULING ORDER. The Court establishes the case management dates as proposed by parties in the Joint Rule 26(f) Report as further described in the Schedule of Pretrial and Trial dates except as noted in the Order re Trial. (See Order re Trial for specific dates and times.) These dates and requirements are firm. The Court is very unlikely to grant continuances unless the parties establish good cause through a concrete showing. Failure to complete discovery in a timely manner does not constitute good cause, nor does the fact that a settlement conference is pending. Each side is limited to five motions in limine unless the Court orders otherwise. All fictitiously named defendants are dismissed. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY [Transferred from California Central on 6/29/2021.]
June 26, 2020 Filing 74 DECLARATION of D. Eric Shapland re Text Only Scheduling Notice,,,,,,,,, 69 re June 19, 2020 Joint 26(f) Report filed by Defendant Mallinckrodt ARD LLC. (Shapland, David) [Transferred from California Central on 6/29/2021.]
June 26, 2020 Filing 73 DECLARATION of Benjamin E. Waldin re Text Only Scheduling Notice,,,,,,,,, 69 , Joint Report Rule 26(f) Discovery Plan #67 , Joint Report Rule 26(f) Discovery Plan #72 filed by Plaintiff Humana, Inc.. (Waldin, Benjamin) [Transferred from California Central on 6/29/2021.]
June 26, 2020 Filing 72 JOINT REPORT Rule 26(f) Discovery Plan AMENDED, with Exhibit A, Timetable ; estimated length of trial 20, filed by Plaintiff Humana, Inc... (Waldin, Benjamin) [Transferred from California Central on 6/29/2021.]
June 22, 2020 Filing 71 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint (specifically Counts I, II, III & IX in their entirety, and Counts IV, V, VI, VII & VIII partially) #65 filed by Plaintiff Humana, Inc.. (Attachments: #1 Exhibit 1)(Solberg, Scott) [Transferred from California Central on 6/29/2021.]
June 22, 2020 Filing 70 REQUEST FOR JUDICIAL NOTICE In Support of Opposition to Defendant's Motion to Dismiss Second Amended Complaint and Response to Defendant's Request for Judicial Notice filed by Plaintiff Humana, 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)(Solberg, Scott) [Transferred from California Central on 6/29/2021.]
June 22, 2020 Opinion or Order Filing 69 TEXT ONLY ENTRY: (IN CHAMBERS) ORDER by Judge Dale S. Fischer: ORDER TO SHOW CAUSE RE SANCTIONS. This overburdened court and its staff do not have time to communicate repeatedly with counsel in an effort to have them follow this Court's rules and orders. Counsel have failed to comply with the Court's Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates in one or more respects. For example, counsel may have (1) failed to file a Joint 26(f) Report at all, (2) failed to provide all of the information required by the Order, (3) failed to attach a Schedule, or (4) failed to complete the Schedule properly. Counsel are ordered to show cause why each side should not be sanctioned in the amount of $500 for their failure to comply with the Order. Counsel whose signature appears on the Joint 26(f) Report must file a declaration stating who was (1) responsible for meeting with opposing counsel, (2) responsible for preparing and reviewing the Report and ensuring its accuracy and compliance with the Order, and (3) responsible for filing the Report. The declaration should state that persons name (only if the person is an attorney) and the persons position (partner, associate, paralegal, assistant, secretary, etc.). The declaration shall also state why the Report failed to comply with the Order. In addition, the parties are ordered to review the Courts Order Setting Scheduling Conference and the attached Schedule of Pretrial and Trial Dates carefully, and to provide a Report and a Schedule that provides specific dates for all of the relevant items in the Schedule. The dates must comply with the time frames in the "weeks before trial" column and the required days of the week: a Monday (not a holiday) for the pretrial conference and last day for hearing motions and a Tuesday (not a holiday) for trial. The declarations, Report, and Schedule are due within five Court days. The filing of compliant declarations, Report, and Schedule will be a sufficient response to this Order to Show Cause. The scheduling conference date is vacated. The parties are urged to conduct themselves in a professional manner and to make every effort to agree on dates. Further failures to comply with this Court's rules and orders, including the rules and orders of the Central District will result in sanctions against one or both parties. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY [Transferred from California Central on 6/29/2021.]
June 19, 2020 Filing 68 EXHIBIT Filed filed by Plaintiff Humana, Inc.. SCHEDULE OF PRETRIAL AND TRIAL DATES as to Joint Report Rule 26(f) Discovery Plan #67 . (Waldin, Benjamin) [Transferred from California Central on 6/29/2021.]
June 19, 2020 Filing 67 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 20, filed by Plaintiff Humana, Inc... (Waldin, Benjamin) [Transferred from California Central on 6/29/2021.]
May 22, 2020 Filing 66 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint (specifically Counts I, II, III & IX in their entirety, and Counts IV, V, VI, VII & VIII partially) #65 filed by Defendant Mallinckrodt ARD LLC. (Attachments: #1 Exhibit A through D)(Shapland, David) [Transferred from California Central on 6/29/2021.]
May 22, 2020 Filing 65 NOTICE OF MOTION AND MOTION to Dismiss Second Amended Complaint (specifically Counts I, II, III & IX in their entirety, and Counts IV, V, VI, VII & VIII partially) filed by defendant Mallinckrodt ARD LLC. Motion set for hearing on 7/27/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum, #2 Proposed Order) (Pfaffenroth, Sonia) [Transferred from California Central on 6/29/2021.]
May 21, 2020 Opinion or Order Filing 64 ORDER by Judge Dale S. Fischer re Setting a Briefing Schedule on Defendant's Motion to Dismiss the Second Amended Complaint #61 . Defendant's Motion shall be filed by 5/22/2020. Plaintiff's Opposition shall be filed by 6/22/2020. Defendant's Reply shall be filed by 7/7/2020. Hearing (if applicable) 7/27/2020. (jp) [Transferred from California Central on 6/29/2021.]
May 21, 2020 Opinion or Order Filing 63 ORDER SETTING SCHEDULING CONFERENCE by Judge Dale S. Fischer. The Joint Report must include the completed Schedule of Pretrial and Trial dates. Lead trial counsel are ordered to appear in person unless counsel have been excused by the Court. Scheduling Conference set for 7/6/2020 at 11:00 AM before Judge Dale S. Fischer. (rfi) [Transferred from California Central on 6/29/2021.]
May 20, 2020 Filing 62 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Stipulation for Order to Set Briefing Schedule #61 . The following error(s) was/were found: (1) Proposed Document was not submitted as separate attachment. (2) Proposed Order shall be filed as separate attachment to the e-filed "NOTICE OF LODGING" and e-mailed to Judge Fischer generic email addresses a WordPerfect or Microsoft Word version of the document In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (jp) [Transferred from California Central on 6/29/2021.]
May 20, 2020 Filing 61 STIPULATION for Order to Set Briefing Schedule on Defendant's Motion to Dismiss Second Amended Complaint filed by Plaintiff Humana, Inc..(Solberg, Scott) [Transferred from California Central on 6/29/2021.]
April 24, 2020 Filing 60 Second AMENDED COMPLAINT against Defendants All Defendants amending Amended Complaint/Petition #46 , Complaint (Attorney Civil Case Opening) #1 , filed by plaintiff Humana, Inc. Humana, Inc. (Attachments: #1 Exhibit A)(Solberg, Scott) [Transferred from California Central on 6/29/2021.]
March 19, 2020 Opinion or Order Filing 59 ORDER by Judge Dale S. Fischer GRANTING Motion to Extend Complaint Amendment Related Deadlines #58 . Plaintiff has until Friday, 4/24/2020 to amend its complaint. (jp) [Transferred from California Central on 6/29/2021.]
March 19, 2020 Filing 58 JOINT MOTION TO EXTEND COMPLAINT AMENDMENT RELATED DEADLINES re NOTICE OF MOTION AND MOTION to Dismiss Case (First Amended Complaint) NOTICE OF MOTION AND MOTION to Strike Portions of Amended Complaint/Petition #46 #47 filed by Plaintiff Humana, Inc.. (Attachments: #1 Proposed Order)(Waldin, Benjamin) [Transferred from California Central on 6/29/2021.]
March 9, 2020 Opinion or Order Filing 57 ORDER by Judge Dale S. Fischer GRANTING in part and DENYING in part Defendant's Motion to Dismiss and DENYING Defendant's Motion to Strike (Dkt. #47 ). (SEE ORDER FOR SPECIFICS). (jp) [Transferred from California Central on 6/29/2021.]
February 20, 2020 Filing 56 TEXT ONLY ENTRY (IN CHAMBERS) ORDER TAKING MOTION OFF CALENDAR AND UNDER SUBMISSION Judge Dale S. Fischer. The Court, on its own motion, takes the Motion #47 set for Monday, February 27, 2020 off calendar and under submission. The Court will set a new hearing date if it decides oral argument would be helpful. A written order will follow. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY [Transferred from California Central on 6/29/2021.]
February 6, 2020 Filing 55 RESPONSE filed by Defendant Mallinckrodt ARD LLCto Notice (Other) #54 , NOTICE OF MOTION AND MOTION to Dismiss Case (First Amended Complaint) NOTICE OF MOTION AND MOTION to Strike Portions of Amended Complaint/Petition #46 #47 , re Supplemental Authority (Pfaffenroth, Sonia) [Transferred from California Central on 6/29/2021.]
February 3, 2020 Filing 54 NOTICE OF SUPPLEMENTAL AUTHORITY filed by Plaintiff Humana, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
December 18, 2019 Filing 53 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case (First Amended Complaint) NOTICE OF MOTION AND MOTION to Strike Portions of Amended Complaint/Petition #46 #47 Reply filed by Defendant Mallinckrodt ARD LLC. (Shapland, David) [Transferred from California Central on 6/29/2021.]
December 18, 2019 Filing 52 REPLY in Support of NOTICE OF MOTION AND MOTION to Dismiss Case (First Amended Complaint) NOTICE OF MOTION AND MOTION to Strike Portions of Amended Complaint/Petition #46 #47 filed by Defendant Mallinckrodt ARD LLC. (Shores, Laura) [Transferred from California Central on 6/29/2021.]
November 26, 2019 Filing 51 Opposition to Defendant's Motion to Dismiss Amended Complaint and Motion to Strike re: NOTICE OF MOTION AND MOTION to Dismiss Case (First Amended Complaint) NOTICE OF MOTION AND MOTION to Strike Portions of Amended Complaint/Petition #46 #47 filed by Plaintiff Humana, Inc.. (Attachments: #1 Exhibit A)(Solberg, Scott) [Transferred from California Central on 6/29/2021.]
November 26, 2019 Filing 50 OPPOSITION Response to Defendant's Request for Judicial Notice filed by Plaintiff Humana, Inc.. (Attachments: #1 Exhibit 1)(Solberg, Scott) [Transferred from California Central on 6/29/2021.]
October 28, 2019 Filing 49 Corporate Disclosure Statement and Notice and CERTIFICATE of Interested Parties filed by Defendant Mallinckrodt ARD LLC, identifying Mallinckrodt plc. (Shapland, David) [Transferred from California Central on 6/29/2021.]
October 28, 2019 Filing 48 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case (First Amended Complaint) NOTICE OF MOTION AND MOTION to Strike Portions of Amended Complaint/Petition #46 #47 filed by Defendant Mallinckrodt ARD LLC. (Attachments: #1 Exhibit A through S)(Shapland, David) [Transferred from California Central on 6/29/2021.]
October 28, 2019 Filing 47 NOTICE OF MOTION AND MOTION to Dismiss Case (First Amended Complaint), NOTICE OF MOTION AND MOTION to Strike Portions of Amended Complaint/Petition #46 filed by defendant Mallinckrodt ARD LLC. Motion set for hearing on 2/24/2020 at 01:30 PM before Judge Dale S. Fischer. (Attachments: #1 Memorandum, #2 Proposed Order) (Shores, Laura) [Transferred from California Central on 6/29/2021.]
October 2, 2019 Filing 46 First AMENDED COMPLAINT against Defendant Mallinckrodt ARD LLC Humana, Inc. amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Humana, Inc.(Solberg, Scott) [Transferred from California Central on 6/29/2021.]
October 1, 2019 Opinion or Order Filing 45 ORDER by Judge Dale S. Fischer GRANTING Leave to File Amended Complaint and Setting Briefing Schedule #44 . (SEE ORDER FOR SPECIFICS). (jp) [Transferred from California Central on 6/29/2021.]
September 30, 2019 Filing 44 STIPULATION to Amend Complaint (Attorney Civil Case Opening) #1 filed by Defendant Mallinckrodt ARD LLC and Plaintiff Humana, Inc.. (Attachments: #1 Exhibit A - Proposed Amended Complaint, #2 Exhibit B - Redline of Complaint to Amended Complaint, #3 Exhibit C - Humana Proposed Amendments Chart, #4 Proposed Order)(Solberg, Scott) [Transferred from California Central on 6/29/2021.]
September 25, 2019 Opinion or Order Filing 43 ORDER by Judge Dale S. Fischer: granting #40 Non-Resident Attorney Matthew M Wolf APPLICATION to Appear Pro Hac Vice on behalf of Defendant Mallinckrodt ARD LLC, designating David Eric Shapland as local counsel. (jp) [Transferred from California Central on 6/29/2021.]
September 25, 2019 Opinion or Order Filing 42 ORDER by Judge Dale S. Fischer: granting #39 Non-Resident Attorney Laura S Shores APPLICATION to Appear Pro Hac Vice on behalf of Defendant Mallinckrodt ARD LLC, designating David Eric Shapland as local counsel. (jp) [Transferred from California Central on 6/29/2021.]
September 25, 2019 Opinion or Order Filing 41 ORDER by Judge Dale S. Fischer: granting #38 Non-Resident Attorney Michael B Bernstein APPLICATION to Appear Pro Hac Vice on behalf of Defendant Mallinckrodt ARD LLC, designating David Eric Shapland as local counsel. (jp) [Transferred from California Central on 6/29/2021.]
September 25, 2019 Filing 40 APPLICATION of Non-Resident Attorney Matthew M. Wolf to Appear Pro Hac Vice on behalf of Defendant Mallinckrodt ARD LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24499010) filed by defendant Mallinckrodt ARD LLC. (Attachments: #1 Certificate of Good Standing from DC Bar, #2 Certificate of Good Standing from Maryland Court of Appeals, #3 Proposed Order on Application of Non-Resident Attorney to Appear in a Specific Case Pro Hac Vice) (Shapland, David) [Transferred from California Central on 6/29/2021.]
September 25, 2019 Filing 39 APPLICATION of Non-Resident Attorney Laura Scott Shores to Appear Pro Hac Vice on behalf of Defendant Mallinckrodt ARD LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24498877) filed by defendant Mallinckrodt ARD LLC. (Attachments: #1 Certificate of Good Standing from DC Bar, #2 Certificate of Good Standing from Alabama Supreme Court, #3 Proposed Order) (Shapland, David) [Transferred from California Central on 6/29/2021.]
September 25, 2019 Filing 38 APPLICATION of Non-Resident Attorney Michael B. Bernstein to Appear Pro Hac Vice on behalf of Defendant Mallinckrodt ARD LLC (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24498547) filed by defendant Mallinckrodt ARD LLC. (Attachments: #1 Certificate of Good Standing from DC, #2 Certificate of Good Standing from Illinois, #3 Proposed Order) (Shapland, David) [Transferred from California Central on 6/29/2021.]
September 25, 2019 Filing 37 Notice of Appearance or Withdrawal of Counsel: for attorney Sonia Kuester Pfaffenroth counsel for Defendant Mallinckrodt ARD LLC. Adding Sonia Kuester Pfaffenroth as counsel of record for Mallinckrodt ARD LLC for the reason indicated in the G-123 Notice. Filed by defendant Mallinckrodt ARD LLC. (Attorney Sonia Kuester Pfaffenroth added to party Mallinckrodt ARD LLC(pty:dft))(Pfaffenroth, Sonia) [Transferred from California Central on 6/29/2021.]
September 25, 2019 Filing 36 Notice of Appearance or Withdrawal of Counsel: for attorney Adam M Pergament counsel for Defendant Mallinckrodt ARD LLC. Adding Adam M. Pergment as counsel of record for Mallinckrodt ARD LLC for the reason indicated in the G-123 Notice. Filed by defendant Mallinckrodt ARD LLC. (Attorney Adam M Pergament added to party Mallinckrodt ARD LLC(pty:dft))(Pergament, Adam) [Transferred from California Central on 6/29/2021.]
September 25, 2019 Filing 35 Notice of Appearance or Withdrawal of Counsel: for attorney David Eric Shapland counsel for Defendant Mallinckrodt ARD LLC. Adding D. Eric Shapland as counsel of record for Mallinckrodt ARD LLC for the reason indicated in the G-123 Notice. Filed by defendant Mallinckrodt ARD LLC. (Attorney David Eric Shapland added to party Mallinckrodt ARD LLC(pty:dft))(Shapland, David) [Transferred from California Central on 6/29/2021.]
September 23, 2019 Filing 34 NOTICE Of Dismissal of Mallinckrodt PLC, without prejudice Humana, Inc.. (Solberg, Scott) [Transferred from California Central on 6/29/2021.]
September 5, 2019 Filing 33 RESPONSE filed by Plaintiff Humana, Inc.to Response By Court to Notice of Deficiencies (G-112B) - optional html form,,, #26 NOTICE OF FILING WISCONSIN CERTIFICATE OF GOOD STANDING FOR SCOTT CHARLES SOLBERG (Attachments: #1 Exhibit A)(Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
August 29, 2019 Filing 32 RESPONSE filed by Plaintiff Humana, Inc.to Response By Court to Notice of Deficiencies (G-112B) - optional html form,,, #26 NOTICE OF FILING OF CERTIFICATES OF GOOD STANDING (Attachments: #1 Exhibit A- James W. Joseph Certificate of Good Standing, #2 Exhibit B- Scott C. Solberg Certificate of Good Standing)(Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
August 27, 2019 Filing 31 AFFIDAVIT by affiant: Scott C. Solberg Affidavit of Service to Attorney General Mark Brnovich filed by Plaintiff Humana, Inc. (Attachments: #1 Exhibit A - Delivery Receipt)(Solberg, Scott) [Transferred from California Central on 6/29/2021.]
August 23, 2019 Filing 30 WAIVER OF SERVICE Returned Executed filed by Plaintiff Humana, Inc.. upon Mallinckrodt ARD LLC waiver sent by Plaintiff on 8/15/2019, answer due 10/15/2019; Mallinckrodt PLC waiver sent by Plaintiff on 8/15/2019, answer due 10/15/2019. Waiver of Service signed by G. Patrick Watson. (Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
August 21, 2019 Opinion or Order Filing 29 ORDER by Judge Dale S. Fischer: granting #16 , #24 Non-Resident Attorney Scott C Solberg APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Humana, Inc., designating Gary S Lincenberg as local counsel. (jp) [Transferred from California Central on 6/29/2021.]
August 21, 2019 Opinion or Order Filing 28 ORDER by Judge Dale S. Fischer: granting #15 , #23 Non-Resident Attorney James W Joseph APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Humana, Inc., designating Gary S Lincenberg as local counsel. (jp) [Transferred from California Central on 6/29/2021.]
August 21, 2019 Opinion or Order Filing 27 ORDER by Judge Dale S. Fischer: granting #14 , #22 Non-Resident Attorney Benjamin E Waldin APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Humana, Inc., designating Gary S Lincenberg as local counsel. (jp) [Transferred from California Central on 6/29/2021.]
August 21, 2019 Filing 26 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: APPLICATION of Non-Resident Attorney James W. Joseph to Appear Pro Hac Vice on behalf of Plaintiff Humana, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 8/13/2019, Receipt No. 0973-24247335) #23 , APPLICATION of Non-Resident Attorney Scott C. Solberg to Appear Pro Hac Vice on behalf of Plaintiff Humana, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 8/13/2019, Receipt No. 0973-24247416) #24 by Clerk of Court to Judge Dale S. Fischer: (1) The document is accepted as filed. (2) Dockets #15 , #16 and #23 and #24 are Accepted. Counsel are to file the Certificate of Good Standing for every state court listed to which the applicant has been admitted no later than 9/9/2019. Failure to file the Certificates will result in the striking of the applications. (jp) [Transferred from California Central on 6/29/2021.]
August 19, 2019 Filing 25 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney James W. Joseph to Appear Pro Hac Vice on behalf of Plaintiff Humana, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 8/13/2019, Receipt No. 0973-24247335) #23 , APPLICATION of Non-Resident Attorney Scott C. Solberg to Appear Pro Hac Vice on behalf of Plaintiff Humana, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 8/13/2019, Receipt No. 0973-24247416) #24 . The following error(s) was/were found: Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. See Instructions for Applicants (1) (G-64). (lt) [Transferred from California Central on 6/29/2021.]
August 16, 2019 Filing 24 APPLICATION of Non-Resident Attorney Scott C. Solberg to Appear Pro Hac Vice on behalf of Plaintiff Humana, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 8/13/2019, Receipt No. 0973-24247416) filed by Plaintiff Humana, Inc.. (Attachments: #1 Proposed Order, #2 Exhibit Certificate of Good Standing Advisement) (Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
August 16, 2019 Filing 23 APPLICATION of Non-Resident Attorney James W. Joseph to Appear Pro Hac Vice on behalf of Plaintiff Humana, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 8/13/2019, Receipt No. 0973-24247335) filed by Plaintiff Humana, Inc.. (Attachments: #1 Proposed Order, #2 Exhibit Certificate of Good Standing Advisement) (Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
August 16, 2019 Filing 22 APPLICATION of Non-Resident Attorney Benjamin E. Waldin to Appear Pro Hac Vice on behalf of Plaintiff Humana, Inc. (Pro Hac Vice Fee - $400 Previously Paid on 8/13/2019, Receipt No. 0973-24247216) filed by Plaintiff Humana, Inc.. (Attachments: #1 Proposed Order, #2 Exhibit Certificate of Good Standing) (Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
August 15, 2019 Opinion or Order Filing 21 STANDING ORDER FOR CASES ASSIGNED TO JUDGE DALE S. FISCHER upon filing of the complaint by Judge Dale S. Fischer. If a party would be entitled to attorneys fees, counsel are referred to the Order Re Fees found on Court's website under Judge Fischer's Procedures and Schedules contained in the Judge's Requirements tab. Read all Orders carefully. They govern this case and differ in some respects from the Local Rules. COUNSEL ARE ORDERED TO PROVIDE A MANDATORY CHAMBERS COPY OF THE COMPLAINT, NOTICE OF REMOVAL, AND ANY OTHER INITIATING DOCUMENTS. (pg) [Transferred from California Central on 6/29/2021.]
August 13, 2019 Filing 20 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Scott C. Solberg to Appear Pro Hac Vice on behalf of Plaintiff Humana, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24247416) #16 , APPLICATION of Non-Resident Attorney James W. Joseph to Appear Pro Hac Vice on behalf of Plaintiff Humana, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24247335) #15 , APPLICATION of Non-Resident Attorney Benjamin E. Waldin to Appear Pro Hac Vice on behalf of Plaintiff Humana, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24247216) #14 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Local Rule 83-2.1.3.3(b) Proposed order not attached. Local Rule 83-2.1.3.3(d) Certificate of Good Standing not attached for every state court listed to which the applicant has been admitted. Other error(s) with document(s): Certificates of Good Standing have been required since 9/08. See LR 83-2.1.3.3. See Instructions for Applicants (1) (G-64). Please note that electronic, image or stamp signatures are not allowed. (lt) [Transferred from California Central on 6/29/2021.]
August 12, 2019 Opinion or Order Filing 19 ORDER TO REASSIGN CASE due to self-recusal pursuant to General Order 19-03 by Judge Christina A. Snyder. Case transferred from Judge Christina A. Snyder to the calendar of Judge Dale S. Fischer for all further proceedings. Case number now reads as 2:19-cv-06926 DSF(MRWx). (rn) [Transferred from California Central on 6/29/2021.]
August 12, 2019 Filing 18 21 DAY Summons Issued re Complaint #1 as to Defendant Mallinckrodt PLC. (lom) [Transferred from California Central on 6/29/2021.]
August 12, 2019 Filing 17 21 DAY Summons Issued re Complaint #1 as to Defendant Mallinckrodt ARD LLC. (lom) [Transferred from California Central on 6/29/2021.]
August 12, 2019 Filing 16 APPLICATION of Non-Resident Attorney Scott C. Solberg to Appear Pro Hac Vice on behalf of Plaintiff Humana, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24247416) filed by Plaintiff Humana, Inc.. (Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
August 12, 2019 Filing 15 APPLICATION of Non-Resident Attorney James W. Joseph to Appear Pro Hac Vice on behalf of Plaintiff Humana, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24247335) filed by Plaintiff Humana, Inc.. (Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
August 12, 2019 Filing 14 APPLICATION of Non-Resident Attorney Benjamin E. Waldin to Appear Pro Hac Vice on behalf of Plaintiff Humana, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24247216) filed by Plaintiff Humana, Inc.. (Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
August 9, 2019 Filing 13 Request for Clerk to Issue Summons on Summons Request #5 , Notice of Deficiency in Request to Issue Summons,, #8 filed by Plaintiff Humana, Inc.. (Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
August 9, 2019 Filing 12 Request for Clerk to Issue Summons on Notice of Deficiency in Request to Issue Summons,, #8 , Summons Request #4 filed by Plaintiff Humana, Inc.. (Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
August 9, 2019 Filing 11 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Scott C Solberg. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) [Transferred from California Central on 6/29/2021.]
August 9, 2019 Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney James W Joseph. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) [Transferred from California Central on 6/29/2021.]
August 9, 2019 Filing 9 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Benjamin E Waldin. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) [Transferred from California Central on 6/29/2021.]
August 9, 2019 Filing 8 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #5 , Summons Request #4 . The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (car) Modified on 8/9/2019 (car). [Transferred from California Central on 6/29/2021.]
August 9, 2019 Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from California Central on 6/29/2021.]
August 9, 2019 Filing 6 NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Michael R. Wilner. (car) [Transferred from California Central on 6/29/2021.]
August 8, 2019 Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Humana, Inc.. (Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
August 8, 2019 Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Humana, Inc.. (Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
August 8, 2019 Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Humana, Inc. (Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
August 8, 2019 Filing 2 CIVIL COVER SHEET filed by Plaintiff Humana, Inc.. (Matz, Jeremy) [Transferred from California Central on 6/29/2021.]
August 8, 2019 Filing 1 COMPLAINT Receipt No: 0973-24232517 - Fee: $400, filed by Plaintiff Humana, Inc.. (Attorney Jeremy D Matz added to party Humana, Inc.(pty:pla))(Matz, Jeremy) [Transferred from California Central on 6/29/2021.]

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Delaware District Court's Electronic Court Filings (ECF) System

Search for this case: Humana, Inc. v. Mallinckrodt ARD LLC et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Mallinckrodt ARD LLC
Represented By: Robert Charles Maddox
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Mallinckrodt ARD, Inc.
Represented By: Robert Charles Maddox
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Mallinckrodt plc
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Questcor Pharmaceuticals, Inc.
Represented By: Robert Charles Maddox
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Humana Inc.
Represented By: Matthew B. Harvey
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?