In re: Sandoz, Inc.
| Amgen, Inc. |
| Sandoz, Inc. |
| 1:2024cv00059 |
| January 17, 2024 |
| US District Court for the District of Delaware |
| Christopher J Burke |
| Other Statutory Actions |
| 28 U.S.C. § 1782 Letter rogatory - appointment |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 37 [SEALED] Amended DECLARATION re Motion Hearing,,,, #22 Answering Brief in Opposition, [Amended Declaration of Eric P. Berger in Support of Sandoz Inc.'s Opposition to Amgen Inc.'s Application Pursuant to 28 U.S.C. 1782 for an Order Compelling Discovery for Use in Foreign Proceedings] by Sandoz, 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)(Russell, Andrew) |
| Minute Entry for proceedings held before Judge Christopher J. Burke - Motion hearing held via videoconference on 3/13/2024. The Court heard the parties' arguments regarding Amgen, Inc.'s Application Pursuant to Section 1782 (the "Application"). (D.I. 2) For the reasons stated on the record, the Court GRANTED-IN-PART the Application, to the extent that it sought responsive documents in the physical possession of Sandoz Inc. (and with the exception of documents as to which their production would implicate the provisions of a protective order in another proceeding). It otherwise took the Application under advisement. The Court ORDERED a joint submission of no more than two single-spaced pages from the parties, and ORDERED the parties to advise the Court of when that joint submission could be expected. It also ORDERED Sandoz Inc. to re-submit its supporting declaration with exhibits highlighted in yellow and with the entirety of one exhibit included, by no later than March 15, 2024. (Clerk: M. Crawford) Appearances: B. Egan, B. Kao for Amgen; K. Keller, A. Fountain, E. Berger, E. Chang, L. Fischer, F. Majiduddin for Sandoz. (Court Reporter Lynn Gligor) (dlb) |
| Filing 36 [SEALED] NOTICE of Subsequent Developments by Amgen, Inc. (Attachments: #1 Exhibit A-C)(Egan, Brian) |
| Filing 35 REDACTED VERSION of #32 Declaration by Amgen, Inc.. (Attachments: #1 Exhibits 24-33)(Egan, Brian) |
| Filing 34 REDACTED VERSION of #31 Reply Brief by Amgen, Inc.. (Egan, Brian) |
Filing 33
ORAL ORDER Setting Videoconference: The Court hereby ORDERS as follows with respect to Amgen, Inc.'s Application Pursuant to Section 1782 (the "Application"), (D.I. 2): (1) A videoconference using the Microsoft Teams platform is set for March 13, 2024 at 1:00 PM before Judge Christopher J. Burke.; (2) By no later than February 28, 2024, the parties shall send an e-mail to the Court's Courtroom Deputy, Ms. Benyo, indicating the names and e-mail addresses of all individuals who will participate in the videoconference.; and (3) The Court may choose to resolve the Application prior to the videoconference and will, in that event, cancel the videoconference (however, if any party advises the Court in advance that a newer attorney will argue the Application, see Standing Order Regarding Courtroom Opportunities for Newer Attorneys, https://www.ded.uscourts.gov/sites/ded/files/StandingOrder2017.pdf, then the Court will go forward with the conference). Ordered by Judge Christopher J. Burke on 2/20/2024. (dlb)
|
|
SO ORDERED D.I. #25 MOTION for Pro Hac Vice Appearance of Attorney Erik J. Olson, Eric P. Berger and Evelyn Chang Aaron Fountain filed by Sandoz, Inc. Ordered by Judge Christopher J. Burke on 2/20/2024. (dlb)
|
| Pro Hac Vice Attorneys Evelyn Li-Jin Chang, Eric P. Berger, Aaron G. Fountain, and Erik J. Olson for Sandoz, 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. (mpb) |
| Filing 32 [SEALED] DECLARATION re #31 Reply Brief -- Declaration of Brian P. Egan -- by Amgen, Inc.. (Attachments: #1 Exhibits 24-33)(Egan, Brian) |
| Filing 31 [SEALED] REPLY BRIEF re #2 MOTION for Issuance of Letters Rogatory filed by Amgen, Inc.. (Egan, Brian) |
| Filing 30 CONSENT to Jurisdiction by U.S. Magistrate Judge filed by Amgen, Inc., Sandoz, Inc. Case reassigned to Magistrate Judge Christopher J. Burke. Signed by Judge Colm F. Connolly on 2/16/2024. (nmf) |
| Filing 29 Letter to The Honorable Colm F. Connolly from Brian P. Egan regarding Magistrate Consent - re 24 Oral Order,. (Attachments: #1 Magistrate Consent Form)(Egan, Brian) |
| Filing 28 REDACTED VERSION of #23 Declaration, by Sandoz, Inc.. (Russell, Andrew) |
| Filing 27 REDACTED VERSION of #22 Answering Brief in Opposition, by Sandoz, Inc.. (Russell, Andrew) |
| CORRECTING ENTRY: The main document at D.I. #22 has been replaced with a corrected version per counsels' request. (vfm) |
| Filing 26 Pro Hac Vice Fee - Credit Card Payment received for Erik J. Olson, Eric P. Berger, Aaron Fountain, and Evelyn Chang. ( re #25 MOTION for Pro Hac Vice Appearance of Attorney Erik J. Olson, Eric P. Berger and Evelyn Chang Aaron Fountain )( Payment of $ 200, receipt number ADEDC-4335570).(Russell, Andrew) |
| Filing 25 MOTION for Pro Hac Vice Appearance of Attorney Erik J. Olson, Eric P. Berger and Evelyn Chang Aaron Fountain - filed by Sandoz, Inc.. Motions referred to Christopher J. Burke.(Russell, Andrew) |
|
Filing 24
ORAL ORDER: By no later than seven days from today's date, the parties shall meet and confer and submit a letter of no more than one (1) single-spaced page indicating whether they would jointly agree to consent to Judge Burke's jurisdiction to conduct all proceedings in this case. Ordered by Judge Christopher J. Burke on 2/9/2024. (dlb)
|
| Filing 23 [SEALED] DECLARATION re #22 Answering Brief in Opposition, [Declaration of Eric P. Berger] by Sandoz, 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)(Keller, Karen) |
| Filing 22 [SEALED] ANSWERING BRIEF in Opposition [Sandoz Inc.'s Answering Brief in Opposition to Amgen Inc.'s ExParte Application Pursuant to 28 U.S.C. 1782 for an Order Compelling Discovery for Use in Foreign Proceedings] filed by Sandoz, Inc..Reply Brief due date per Local Rules is 2/16/2024. (Keller, Karen) (Main Document 22 replaced on 2/12/2024) (vfm). |
| Filing 21 REDACTED VERSION of #5 Declaration, by Amgen, Inc.. (Attachments: #1 Exhibits A-B and Exhibits 1-23)(Clark, Cameron) |
| Filing 20 REDACTED VERSION of #4 MEMORANDUM in Support, by Amgen, Inc.. (Clark, Cameron) |
| Filing 19 NOTICE of Appearance by Karen Elizabeth Keller on behalf of Sandoz, Inc. (Keller, Karen) |
|
Filing 18
ORAL ORDER: The Court, having reviewed Amgen Inc.'s ("Amgen") recent filing, (D.I. 15), as well as Sandoz Inc.'s "Sandoz") letter, (D.I. 13), hereby ORDERS that by no later than February 9, Sandoz shall file its responsive brief, and by no later than February 16, Amgen shall file its reply brief. D.I. 15 is hereby STRICKEN. Ordered by Judge Christopher J. Burke on 2/5/2024. (dlb)
|
| Filing 17 Letter to The Honorable Christopher J. Burke from Brian P. Egan regarding Request for Expedited Treatment of Amgen's Section 1782 Application. (Egan, Brian) |
| Filing 16 [SEALED] EXHIBIT re #15 Reply Brief, by Amgen, Inc.. (Attachments: #1 Exhibit 1-10)(Egan, Brian) |
| Filing 15 REPLY BRIEF re #2 MOTION for Issuance of Letters Rogatory - Amgen Inc.'s Reply Brief In Support Of Its Ex Parte Application Pursuant to 28 U.S.C. 1782 for an Order Compelling Discovery For Use In A Foreign Proceeding - filed by Amgen, Inc.. (Egan, Brian) |
|
SO ORDERED D.I. #14 STIPULATION TO EXTEND TIME to submit public versions of D.I. 4 and D.I. 5 to February 6, 2023 filed by Sandoz, Inc. Ordered by Judge Christopher J. Burke on 2/1/2024. (dlb)
|
| Filing 14 STIPULATION TO EXTEND TIME to submit public versions of D.I. 4 and D.I. 5 to February 6, 2023 - filed by Sandoz, Inc.. (Russell, Andrew) |
| Filing 13 Letter to The Honorable Christopher J. Burke from Andrew E. Russell regarding Amgen Inc.'s Ex Parte Application Pursuant to 28 U.S.C. 1782 for an Order Authorizing Discovery for Use in a Foreign Proceeding. (Russell, Andrew) |
| Pro Hac Vice Attorney Brian Kao for Amgen, 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. (mpb) |
|
SO ORDERED, re #11 MOTION for Pro Hac Vice Appearance of Attorney Brian Kao, filed by Amgen, Inc. Ordered by Judge Colm F. Connolly on 1/26/2024. (kmd)
|
| Filing 12 Pro Hac Vice Fee - Credit Card Payment received for Brian Kao. ( re #11 MOTION for Pro Hac Vice Appearance of Attorney Brian Kao )( Payment of $ 50, receipt number ADEDC-4322904).(Clark, Cameron) |
| Filing 11 MOTION for Pro Hac Vice Appearance of Attorney Brian Kao - filed by Amgen, Inc.. Motions referred to Christopher J. Burke.(Clark, Cameron) |
| REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:#http://www.ded.uscourts.gov/sites/ded/files/forms/StandingOrder2017.pdf (dlb) |
| Remark: The parties should follow the Court's Standing Order Regarding Courtesy Copies, a copy of which is found on Judge Burke's portion of the District Court's webpage: #https://www.ded.uscourts.gov/sites/ded/files/CJBCC2022.pdf (dlb) |
|
ORAL ORDER REFERRING CASE to Magistrate Judge Christopher J. Burke to conduct all proceedings and hear and determine all motions. Signed by Judge Colm F. Connolly on 1/25/2024. (nmf)
|
|
SO ORDERED D.I. #1 MOTION for Leave to File Memorandum of Law in Support, Declaration of Brian P. Egan, and Exhibits to Declaration of Brian P. Egan Under Seal. Ordered by Judge Christopher J. Burke on 1/25/2024. (dlb)
|
| Filing 10 STANDING ORDER REGARDING BRIEFING IN ALL CASES (nmf) |
| Case Assigned to Judge Colm F. Connolly. Please include the initials of the Judge (CFC) after the case number on all documents filed. (rjb) |
| Filing 9 AFFIDAVIT of Service for Second Ex Parte Application Pursuant to 28 U.S.C. 1782, Memorandum of Law and Related Papers served on Sandoz Inc. on January 17, 2024, filed by Amgen, Inc.. (Clark, Cameron) |
| Remark: Exit Electronic Copies to the Duty Judge (CFC) (apk) |
| Filing 8 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Amgen, Inc. (apk) |
| Filing 7 DECLARATION of Helena Butolen in Support of D.I. #2 Ex Parte Application Pursuant to 28 U.S.C. 1782 for an Order Authorizing Discovery for Use in a Foreign Proceeding by Amgen, Inc. (Attachments: #1 Exhibit A-E)(apk) |
| Filing 6 DECLARATION of Dominik Gobel in Support of D.I. #2 Ex Parte Application Pursuant to 28 U.S.C. 1782 for an Order Authorizing Discovery for Use in a Foreign Proceeding by Amgen, Inc. (Attachments: #1 Exhibit A-F)(apk) |
| Filing 5 [SEALED] DECLARATION of Brian P. Eagan in Support of D.I. #2 Ex Parte Application Pursuant to 28 U.S.C. 1782 for an Order Authorizing Discovery for Use in a Foreign Proceeding by Amgen, Inc. (Attachments: #1 Exhibit A-B, #2 Exhibit 1-23)(apk) |
| No Summons Issued. (apk) |
| Filing 4 [SEALED] MEMORANDUM of Law in Support of D.I. #2 Ex Parte Application Pursuant to 28 U.S.C. 1782 for an Order Authorizing Discovery for Use in a Foreign Proceeding filed by Amgen, Inc.Answering Brief/Response due date per Local Rules is 1/31/2024. (apk) |
| Filing 3 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (apk) |
| Filing 2 Ex Parte Application Pursuant to 28 U.S.C. 1782 for an Order Authorizing Discovery for Use in a Foreign Proceeding - filed by Amgen, Inc. (Filing Fee Paid, Receipt Number: ADEDC-4316386) (Attachments: #1 Text of Proposed Order, #2 Civil Cover Sheet)(apk) |
| Filing 1 MOTION for Leave to File Memorandum of Law in Support, Declaration of Brian P. Egan, and Exhibits to Declaration of Brian P. Egan Under Seal - filed by Amgen, Inc. (Attachments: #1 Text of Proposed Order)(apk) |
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 Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
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.
