IPSEN BIOPHARMACEUTICALS, INC. v. BECERRA et al
| IPSEN BIOPHARMACEUTICALS, INC. |
| XAVIER BECERRA and ROBERT CALIFF |
| INVAGEN PHARMACEUTICALS, INC. |
| 1:2022cv00860 |
| March 30, 2022 |
| US District Court for the District of Columbia |
| Dabney L Friedrich |
| Administrative Procedure Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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Filing 13
Joint MOTION for Briefing Schedule by XAVIER BECERRA, ROBERT CALIFF. (Attachments: #1 Text of Proposed Order)(Kennedy, Scott)
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Filing 11
NOTICE of Appearance by Isaac Belfer on behalf of XAVIER BECERRA, ROBERT CALIFF (Belfer, Isaac)
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Filing 12
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by INVAGEN PHARMACEUTICALS, INC. identifying Corporate Parent CIPLA LTD., Corporate Parent CIPLA (eu) ltd. for INVAGEN PHARMACEUTICALS, INC.. (zeg)
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MINUTE ORDER. Before the Court is InvaGen Pharmaceuticals, Inc.'s #8 Unopposed Motion to Intervene. There are four prerequisites to intervention as of right: "(1) the application to intervene must be timely; (2) the applicant must demonstrate a legally protected interest in the action; (3) the action must threaten to impair that interest; and (4) no party to the action can be an adequate representative of the applicant's interests." Karsner v. Lothian, 532 F.3d 876, 885 (D.C. Cir. 2008). Here, InvaGen's motion is timely. InvaGen has a sufficient interest in this action because the plaintiff seeks to vacate the approval of its lanreotide acetate injection product. And InvaGen has met its "minimal" burden of showing that the government will not adequately represent his interest. Dimond v. District of Columbia, 792 F.2d 179, 193 (D.C. Cir. 1986); see also Fund For Animals, Inc. v. Norton, 322 F.3d 728, 736 (D.C. Cir. 2003) ("[W]e have often concluded that governmental entities do not adequately represent the interests of aspiring intervenors"). For the above reasons, InvaGen also has Article III standing. See Crossroads Grassroots Pol'y Strategies v. FEC, 788 F.3d 312, 317 (D.C. Cir. 2015) (holding that a party has a "sufficient injury in fact where [it] benefits from agency action, the action is then challenged in court, and an unfavorable decision would remove [it's] benefit"). Accordingly, InvaGen's #8 Motion to Intervene is GRANTED. So Ordered by Judge Dabney L. Friedrich on May 12, 2022. (lcdlf1)
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Filing 10
NOTICE of Appearance by Scott Patrick Kennedy on behalf of XAVIER BECERRA, ROBERT CALIFF (Kennedy, Scott)
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Filing 9
NOTICE of Appearance by Gerard Justin Cedrone on behalf of INVAGEN PHARMACEUTICALS, INC. (Cedrone, Gerard)
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Filing 8
Unopposed MOTION to Intervene by INVAGEN PHARMACEUTICALS, INC.. (Attachments: #1 Rule 26.1 Disclosure Statement, #2 Text of Proposed Order)(Burgess, Brian)
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Filing 7
STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on April 3, 2022. (lcdlf1)
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Filing 6
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/1/2022. Answer due for ALL FEDERAL DEFENDANTS by 5/31/2022. (Cook, Susan)
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Filing 5
NOTICE of Appearance by Susan Cook on behalf of IPSEN BIOPHARMACEUTICALS, INC. (Cook, Susan)
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Filing 4
SUMMONS (4) Issued Electronically as to XAVIER BECERRA, ROBERT CALIFF, U.S. Attorney and U.S. Attorney General (Attachments: #1 Notice and Consent)(znmw)
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Case Assigned to Judge Dabney L. Friedrich. (zsb) Modified on 3/31/2022 to correct docket entry text (zsb).
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Filing 3
NOTICE OF RELATED CASE by IPSEN BIOPHARMACEUTICALS, INC.. Case related to Case No. 20-cv-02437-DLF. (zsb)
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Filing 2
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by IPSEN BIOPHARMACEUTICALS, INC. (Stetson, Catherine)
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Filing 1
COMPLAINT against XAVIER BECERRA, ROBERT CALIFF ( Filing fee $ 402 receipt number ADCDC-9138756) filed by IPSEN BIOPHARMACEUTICALS, INC.. (Attachments: #1 Civil Cover Sheet, #2 Related Case Form, #3 Summons for Robert Califf, #4 Summons for Xavier Becerra, #5 Summons for Matthew Graves, #6 Summons for Merrick Garland)(Stetson, Catherine)
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