MERCK & CO., INC. et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
A lawsuit, filed by several drug makers against the Trump Administration, wishing to block a new rule that would force the drug makers to put the price of their drugs in television advertisements.
| ASSOCIATION OF NATIONAL ADVERTISERS, INC., MERCK & CO., INC., ELI LILLY AND COMPANY and AMGEN INC. |
| ALEX M. AZAR, II, SEEMA VERMA, CENTERS FOR MEDICARE & MEDICAID SERVICES and UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES |
| 1:2019cv01738 |
| June 14, 2019 |
| US District Court for the District of Columbia |
| Amit P Mehta |
| Other Statutory Actions |
| 05 U.S.C. § 0706 |
| None |
Docket Report
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Filing 33
ORDER: For the reasons stated in the #32 Memorandum Opinion, the court grants Plaintiff's #12 Motion for a Stay Pending Judicial Review. Please see the attached Order for further details. Signed by Judge Amit P. Mehta on 07/08/2019. (lcapm1)
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| Filing 32 MEMORANDUM OPINION re: #12 Plaintiff's Motion for a Stay Pending Judicial Review. Please see the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 07/08/2019. (lcapm1) |
| Filing 31 TRANSCRIPT OF MOTION HEARING PROCEEDINGS before Judge Amit P. Mehta held on July 2, 2019; Page Numbers: 1-102. Date of Issuance: July 8, 2019. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court re porter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/29/2019. Redacted Transcript Deadline set for 8/8/2019. Release of Transcript Restriction set for 10/6/2019.(wz) |
| Filing 30 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SEEMA VERMA served on 6/17/2019 (Bress, Richard) |
| Filing 29 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE & MEDICAID SERVICES served on 6/17/2019 (Bress, Richard) |
| Filing 28 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 6/18/2019 (Bress, Richard) |
| Filing 27 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 6/18/2019 (Bress, Richard) |
| Filing 26 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/18/2019. (Bress, Richard) |
| Filing 25 NOTICE of Plaintiffs' Position on Converting Plaintiffs' Motion for a Stay Pending Judicial Review into a Motion for a Judgment on the Merits by AMGEN INC., ASSOCIATION OF NATIONAL ADVERTISERS, INC., ELI LILLY AND COMPANY, MERCK & CO., INC. (Bress, Richard) |
| Filing 24 NOTICE OF DEFENDANTS POSITION ON CONVERTING PLAINTIFFS MOTION FOR A STAY PENDING JUDICIAL REVIEW INTO A MOTION FOR A JUDGMENT ON THE MERITS FOR SUBPARTS 1 & 3 OF COUNT I by ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Kossak, Jonathan) |
| Minute Entry for proceedings held before Judge Amit P. Mehta: Motion Hearing held on 7/2/2019 re #12 MOTION to Stay Pending Judicial Review. (Court Reporter: William Zaremba) (zjd) |
| Filing 23 RESPONSE TO ORDER OF THE COURT re Order, (Joint Submission) filed by AMGEN INC., ASSOCIATION OF NATIONAL ADVERTISERS, INC., ELI LILLY AND COMPANY, MERCK & CO., INC.. (Attachments: #1 Exhibit A)(Bress, Richard) |
| Filing 22 REPLY to opposition to motion re #12 MOTION to Stay Pending Judicial Review filed by AMGEN INC., ASSOCIATION OF NATIONAL ADVERTISERS, INC., ELI LILLY AND COMPANY, MERCK & CO., INC.. (Bress, Richard) |
| Filing 21 NOTICE of Appearance by James Mahoney Burnham on behalf of All Defendants (Burnham, James) |
| Set/Reset Deadlines: Referenced Article due by 7/1/2019 at 5:00 pm. (zjd) |
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MINUTE ORDER. Before 5 pm today, the parties shall file with the court the following article referenced in the parties' filings: Jace B. Garrett et al., Consumer Responses to Price Disclosure in Direct-to-Consumer Pharmaceutical Advertising, 179 JAMA Internal Med. 435 (2019). Signed by Judge Amit P. Mehta on 07/01/2019. (lcapm1)
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| Filing 20 Memorandum in opposition to re #12 MOTION to Stay Pending Judicial Review filed by ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Attachments: #1 Text of Proposed Order)(Borson, Joseph) |
| Filing 19 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/14/2019. Answer due for ALL FEDERAL DEFENDANTS by 8/13/2019. (Attachments: #1 Affidavit of Service)(Bress, Richard) |
| Filing 18 NOTICE of Authority Regarding Administrative Stays by AMGEN INC., ASSOCIATION OF NATIONAL ADVERTISERS, INC., ELI LILLY AND COMPANY, MERCK & CO., INC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Bress, Richard) |
| Set/Reset Hearings: Motion Hearing set for 7/2/2019 at 2:00 PM in Courtroom 10 before Judge Amit P. Mehta. (zjd) |
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Filing 17
ORDER granting #13 Plaintiff's Motion to Expedite. Upon further reflection, a revised briefing schedule and hearing date is attached. Please see attached Order for further details. Additionally, I have advised the parties of my prior employment with Latham & Watkins. Signed by Judge Amit P. Mehta on 06/17/2019. (lcapm1)
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| Filing 16 RESPONSE re #13 MOTION to Expedite Proceedings on Plaintiff's Motion for a Stay Pending Judicial Review and Defendants' Motion for Extension of Time to File Their Response to Plaintiffs' Motion to Stay Pending Judicial Review filed by ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA. (Attachments: #1 Text of Proposed Order)(Kossak, Jonathan) |
| Filing 15 NOTICE of Appearance by Jonathan D. Kossak on behalf of All Defendants (Kossak, Jonathan) |
| Filing 14 NOTICE of Appearance by Joseph Evan Borson on behalf of All Defendants (Borson, Joseph) |
| Filing 13 MOTION to Expedite Proceedings on Plaintiff's Motion for a Stay Pending Judicial Review by AMGEN INC., ASSOCIATION OF NATIONAL ADVERTISERS, INC., ELI LILLY AND COMPANY, MERCK & CO., INC. (Attachments: #1 Text of Proposed Order)(Bress, Richard) |
| Filing 12 MOTION to Stay Pending Judicial Review by AMGEN INC., ASSOCIATION OF NATIONAL ADVERTISERS, INC., ELI LILLY AND COMPANY, MERCK & CO., INC. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Bress, Richard) |
| Filing 11 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ASSOCIATION OF NATIONAL ADVERTISERS, INC. (Corn-Revere, Robert) |
| Filing 10 NOTICE of Appearance by Ronald G. London on behalf of ASSOCIATION OF NATIONAL ADVERTISERS, INC. (London, Ronald) |
| Filing 9 NOTICE of Appearance by Robert Corn-Revere on behalf of ASSOCIATION OF NATIONAL ADVERTISERS, INC. (Corn-Revere, Robert) |
| Filing 8 NOTICE of Appearance by Benjamin W. Snyder on behalf of AMGEN INC., ELI LILLY AND COMPANY, MERCK & CO., INC. (Snyder, Benjamin) |
| Filing 7 NOTICE of Appearance by Sarah M. Gragert on behalf of AMGEN INC., ELI LILLY AND COMPANY, MERCK & CO., INC. (Gragert, Sarah) |
| Filing 6 NOTICE of Appearance by Daniel Meron on behalf of AMGEN INC., ELI LILLY AND COMPANY, MERCK & CO., INC. (Meron, Daniel) |
| Filing 5 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMGEN INC. (Bress, Richard) |
| Filing 4 SUMMONS (6) Issued Electronically as to ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Notice and Consent)(zef, ) |
| Filing 3 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELI LILLY AND COMPANY (Bress, Richard) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MERCK & CO., INC. (Bress, Richard) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6188695) filed by AMGEN INC., ELI LILLY AND COMPANY, ASSOCIATION OF NATIONAL ADVERTISERS, INC., MERCK & CO., INC.. (Attachments: # 1 Declaration of C. Garthwaite, # 2 Declaration of R. Dhar, # 3 Declaration of R. El-Dada for Merck, # 4 Declaration of J. Oleksiw for Lilly, # 5 Declaration of D. Marek for Amgen, # 6 Civil Cover Sheet, # 7 Summons to U.S. Department of Health and Human Services, # 8 Summons to Alex M. Azar II, # 9 Summons to U.S. Centers for Medicare and Medicaid Services, # 10 Summons to Seema Verma, # 11 Summons to U.S. Attorney General, # 12 Summons to U.S. Attorney for DC)(Bress, Richard) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6188695) filed by AMGEN INC., ELI LILLY AND COMPANY, ASSOCIATION OF NATIONAL ADVERTISERS, INC., MERCK & CO., INC.. (Attachments: #1 Declaration of C. Garthwaite, #2 Declaration of R. Dhar, #3 Declaration of R. El-Dada for Merck, #4 Declaration of J. Oleksiw for Lilly, #5 Declaration of D. Marek for Amgen, #6 Civil Cover Sheet, #7 Summons to U.S. Department of Health and Human Services, #8 Summons to Alex M. Azar II, #9 Summons to U.S. Centers for Medicare and Medicaid Services, #10 Summons to Seema Verma, #11 Summons to U.S. Attorney General, #12 Summons to U.S. Attorney for DC)(Bress, Richard) |
| Case Assigned to Judge Amit P. Mehta. (zef, ) |
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