TEVA PHARMACEUTICALS USA, INC. et al v. UNITED STATES FOOD AND DRUG ADMINISTRATION et al
| TEVA PHARMACEUTICAL INDUSTRIES LTD. and TEVA PHARMACEUTICALS USA, INC. |
| UNITED STATES FOOD AND DRUG ADMINISTRATION, ALEX M. AZAR, II, STEPHEN M. HAHN and UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES |
| MYLAN PHARMACEUTICALS INC. and SANDOZ INC. |
| 1:2020cv00808 |
| March 24, 2020 |
| US District Court for the District of Columbia |
| Beryl A Howell |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0706 |
| None |
Docket Report
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| Filing 30 NOTICE of Appearance by Brian T Burgess on behalf of TEVA PHARMACEUTICAL INDUSTRIES LTD., TEVA PHARMACEUTICALS USA, INC. (Burgess, Brian) |
| Filing 29 ADMINISTRATIVE RECORD - Certified Index by ALEX M. AZAR, II, STEPHEN M. HAHN, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION. (Schmidt, Kathryn) |
| Filing 28 NOTICE of Appearance by Christopher Marth on behalf of MYLAN PHARMACEUTICALS INC. (Marth, Christopher) |
| Filing 27 REPLY to opposition re #19 MOTION to Intervene filed by MYLAN PHARMACEUTICALS INC. (Bloodworth, Shannon) Modified to edit text and linkage on 4/29/2020 (zrdj). |
| Filing 26 RESPONSE re #25 Memorandum in Opposition filed by SANDOZ INC.. (Rakoczy, William) |
MINUTE ORDER (paperless) GRANTING #23 Motion for Admission Pro Hac Vice of Christopher J. Marth as Counsel for Proposed-Intervenor Mylan Pharmaceuticals Inc. Accordingly, Christopher J. Marth may enter an appearance of the purpose of representing defendant Mylan Pharmaceuticals Inc. in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instruct ions Signed by Chief Judge Beryl A. Howell on April 28, 2020. (lcbah3)
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| Filing 25 Memorandum in opposition to re #19 MOTION to Intervene filed by TEVA PHARMACEUTICAL INDUSTRIES LTD., TEVA PHARMACEUTICALS USA, INC.. (Jay, William) |
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MINUTE ORDER (paperless) GRANTING #19 Unopposed Motion to Intervene as Defendant. Accordingly, Mylan Pharmaceuticals Inc. may intervene as a defendant in this action, and shall abide by the April 9, 2020 Scheduling Order already in place. See Min. Order (Apr. 9, 2020). Signed by Chief Judge Beryl A. Howell on April 27, 2020. (lcbah3)
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| Filing 24 NOTICE of Appearance by David L. Anstaett on behalf of MYLAN PHARMACEUTICALS INC. (Anstaett, David) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher J. Marth, Filing fee $ 100, receipt number ADCDC-7058531. Fee Status: Fee Paid. by MYLAN PHARMACEUTICALS INC. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Bloodworth, Shannon) |
| Filing 22 NOTICE of Appearance by Brandon Michael White on behalf of MYLAN PHARMACEUTICALS INC. (White, Brandon) |
| Filing 21 NOTICE of Appearance by Shannon M. Bloodworth on behalf of MYLAN PHARMACEUTICALS INC. (Bloodworth, Shannon) |
| Filing 20 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MYLAN PHARMACEUTICALS INC. (Bloodworth, Shannon) |
| Filing 19 MOTION to Intervene by MYLAN PHARMACEUTICALS INC. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Bloodworth, Shannon) |
| Filing 18 NOTICE of Appearance by Trang Lin on behalf of SANDOZ INC. (Lin, Trang) |
| Filing 17 NOTICE of Appearance by Christopher Galligan on behalf of SANDOZ INC. (Galligan, Christopher) |
| Filing 16 NOTICE of Appearance by Lara E. FitzSimmons on behalf of SANDOZ INC. (FitzSimmons, Lara) |
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MINUTE ORDER (paperless) GRANTING #14 Motion for Admission Pro Hac Vice of Trang H. Lin As Counsel for Proposed-Intervenor Sandoz Inc. Accordingly, Trang H. Lin may enter an appearance for the purpose of representing intervenor-defendant Sandoz Inc. in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Chief Judge Beryl A. Howell on April 20, 2020. (lcbah3)
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MINUTE ORDER (paperless) GRANTING #15 Motion for Admission Pro Hac Vice of Chris P. Galligan As Counsel for Proposed-Intervenor Sandoz Inc. Accordingly, Chris P. Galligan may enter an appearance for the purpose of representing intervenor-defendant Sandoz Inc. in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Chief Judge Beryl A. Howell on April 20, 2020. (lcbah3)
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MINUTE ORDER (paperless) GRANTING #13 Motion for Admission Pro Hac Vice of Rachel P. Waldron As Counsel for Proposed-Intervenor Sandoz Inc. Accordingly, Rachel P. Waldron may enter an appearance for the purpose of representing intervenor-defendant Sandoz Inc. in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Chief Judge Beryl A. Howell on April 20, 2020. (lcbah3)
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MINUTE ORDER (paperless) GRANTING #12 Motion for Admission Pro Hac Vice of Lara E. FitzSimmons As Counsel for Proposed-Intervenor Sandoz Inc. Accordingly, Lara E. FitzSimmons may enter an appearance for the purpose of representing intervenor-defendant Sandoz Inc. in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Chief Judge Beryl A. Howell on April 20, 2020. (lcbah3)
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MINUTE ORDER (paperless) GRANTING #9 Unopposed Motion to Intervene by Sandoz, Inc. Accordingly, Sandoz Inc. may intervene as a defendant in this action, and shall abide by the April 9, 2020 Scheduling Order already in place. See Min. Order (Apr. 9, 2020). Signed by Chief Judge Beryl A. Howell on April 20, 2020. (lcbah3)
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| Filing 15 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Chris P. Galligan, Filing fee $ 100, receipt number ADCDC-7034237. Fee Status: Fee Paid. by SANDOZ INC. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Rakoczy, William) |
| Filing 14 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Trang H. Lin, Filing fee $ 100, receipt number ADCDC-7034227. Fee Status: Fee Paid. by SANDOZ INC. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Rakoczy, William) |
| Filing 13 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rachel P. Waldron, Filing fee $ 100, receipt number ADCDC-7034215. Fee Status: Fee Paid. by SANDOZ INC. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Rakoczy, William) |
| Filing 12 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lara E. FitzSimmons, Filing fee $ 100, receipt number ADCDC-7034167. Fee Status: Fee Paid. by SANDOZ INC. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Rakoczy, William) |
| Filing 11 NOTICE of Appearance by William A. Rakoczy on behalf of SANDOZ INC. (Rakoczy, William) |
| Filing 10 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by SANDOZ INC. (Rakoczy, William) |
| Filing 9 MOTION to Intervene by SANDOZ INC. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Rakoczy, William) |
| Set/Reset Deadlines: Certified copy of the administrative record due by 5/1/2020; summary Judgment motion due by 5/26/2020; cross-motion and opposition to motion for summary judgment due by 6/25/2020; opposition to cross-motion and reply to opposition to motion for summary judgment due by 7/9/2020; reply to opposition to cross-motion due by 7/23/2020; joint appendix due by 7/27/2020. (tg) |
| Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Defendants, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/30/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/25/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 5/24/2020.) (Attachments: #1 Exhibit A, #2 Exhibit B)(Jay, William) |
| Filing 7 Joint MOTION for Scheduling Order by TEVA PHARMACEUTICAL INDUSTRIES LTD., TEVA PHARMACEUTICALS USA, INC. (Attachments: #1 Text of Proposed Order)(Jay, William) |
| Filing 6 NOTICE of Appearance by Kathryn A. Schmidt on behalf of All Defendants (Schmidt, Kathryn) |
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MINUTE ORDER (paperless) GRANTING the parties' #7 Joint Motion for Entry of Scheduling Order, and ISSUING the following Scheduling Order to govern proceedings in this matter: (1) by May 1, 2020, the defendants shall serve a certified copy of the administrative record on the plaintiffs, as well as a certified list of the contents of the administrative record; (2) by May 26, 2020, the plaintiffs shall file any motion for summary judgment; (3) by June 25, 2020, the defendants shall file any cross-motion for summary judgment and opposition to the plaintiffs' motion; (4) by July 9, 2020, the plaintiffs shall file any opposition to the defendants' cross-motion and reply in support of the plaintiffs' motion; (5) by July 23, 2020, the defendants shall file any reply in support of their cross-motion; (6) by July 27, 2020, the plaintiffs shall file a joint appendix in accordance with LCvR 7(n); and (7) if this case is not resolved on cross-motions for summary judgment, the defendants shall file an answer to the plaintiffs' #1 Complaint 21 days after the Court issues its summary-judgment ruling. Signed by Chief Judge Beryl A. Howell on April 9, 2020. (lcbah3)
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Filing 5
STANDING ORDER. Signed by Chief Judge Beryl A. Howell on March 25. 2020. (lcbah3)
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| Filing 4 SUMMONS (6) Issued Electronically as to ALEX M. AZAR, II, STEPHEN M. HAHN, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zsb) |
| Case Assigned to Chief Judge Beryl A. Howell. (zsb) |
| Filing 3 NOTICE of Appearance by Andrew Kim on behalf of TEVA PHARMACEUTICAL INDUSTRIES LTD., TEVA PHARMACEUTICALS USA, INC. (Kim, Andrew) |
| Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by TEVA PHARMACEUTICAL INDUSTRIES LTD., TEVA PHARMACEUTICALS USA, INC. (Jay, William) |
| Filing 1 COMPLAINT against ALEX M. AZAR, II, STEPHEN M. HAHN, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES FOOD AND DRUG ADMINISTRATION ( Filing fee $ 400 receipt number ADCDC-6951493) filed by TEVA PHARMACEUTICALS USA, INC., TEVA PHARMACEUTICAL INDUSTRIES LTD.. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summons)(Jay, William) |
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