MERCK & CO., INC. v. BECERRA et al
Plaintiff: MERCK & CO., INC.
Defendant: XAVIER BECERRA, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, CHIQUITA BROOKS-LASURE and CENTERS FOR MEDICARE & MEDICAID SERVICES
Case Number: 1:2023cv01615
Filed: June 6, 2023
Court: US District Court for the District of Columbia
Presiding Judge: Colleen Kollar-Kotelly
Referring Judge: Randolph D Moss
Nature of Suit: Civil Rights: Other
Cause of Action: 05 U.S.C. § 702 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 11, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 11, 2023 Filing 23 MOTION for Summary Judgment by MERCK & CO., INC.. (Attachments: #1 Memorandum in Support, #2 Statement of Facts, #3 Declaration of Patrick Davish, #4 Declaration of Jacob Roth, #5 Exhibit CMS Revised Guidance, #6 Exhibit Template Agreement, #7 Exhibit CMS Initial Memo, #8 Exhibit Dickson & Hernandez, #9 Text of Proposed Order)(Roth, Jacob)
July 11, 2023 Filing 22 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE & MEDICAID SERVICES served on 6/14/2023 (Roth, Jacob)
July 11, 2023 Filing 21 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHIQUITA BROOKS-LASURE served on 6/12/2023 (Roth, Jacob)
July 11, 2023 Filing 20 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES served on 6/20/2023 (Roth, Jacob)
July 11, 2023 Filing 19 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. XAVIER BECERRA served on 6/20/2023 (Roth, Jacob)
July 11, 2023 Filing 18 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/8/2023. Answer due for ALL FEDERAL DEFENDANTS by 8/7/2023. (Roth, Jacob)
July 11, 2023 Filing 17 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General June 15, 2023. (Roth, Jacob)
July 10, 2023 Filing 16 NOTICE of Appearance by Gerald Brinton Lucas on behalf of All Plaintiffs (Lucas, Gerald)
July 10, 2023 Filing 15 NOTICE of Appearance by Megan Lacy Owen on behalf of MERCK & CO., INC. (Lacy Owen, Megan)
June 28, 2023 Opinion or Order Filing 14 ORDER granting in part and denying in part the parties' #13 Joint Motion for Briefing Schedule: Plaintiff's motion for summary judgment due by 7/11/2023; Defendants' opposition to Plaintiff's motion and cross-motion due by 9/11/2023; Plaintiff's reply to motion for summary judgment and opposition to cross-motion due by 10/19/23; and Defendants' reply in support of cross-motion due by 11/21/2023. Page limits are increased and no answer need be filed at this time. The parties shall provide statements of material facts. See Order for details. Signed by Judge Colleen Kollar-Kotelly on 6/28/23. (DM)
June 26, 2023 Filing 13 Joint MOTION for Briefing Schedule and Related Relief by MERCK & CO., INC.. (Attachments: #1 Text of Proposed Order)(Roth, Jacob)
June 21, 2023 Filing 12 NOTICE of Appearance by Christine L. Coogle on behalf of All Defendants (Coogle, Christine)
June 21, 2023 Filing 11 NOTICE of Appearance by Alexander V. Sverdlov on behalf of All Defendants (Sverdlov, Alexander)
June 21, 2023 Filing 10 NOTICE of Appearance by Stephen M. Pezzi on behalf of All Defendants (Pezzi, Stephen)
June 20, 2023 Opinion or Order Filing 9 ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 6/20/23.(DM)
June 20, 2023 Filing 8 Case randomly reassigned to Judge Colleen Kollar-Kotelly. Judge Randolph D. Moss is no longer assigned to the case. (rj)
June 8, 2023 Filing 7 SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zjm)
June 6, 2023 Filing 6 REQUEST FOR SUMMONS TO ISSUE (U.S. Attorney & U.S. Attorney General) by MERCK & CO., INC. re #1 Complaint, filed by MERCK & CO., INC.. Related document: #1 Complaint, filed by MERCK & CO., INC..(Roth, Jacob)
June 6, 2023 Filing 5 SUMMONS (4) Issued Electronically as to XAVIER BECERRA, CHIQUITA BROOKS-LASURE, CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (Attachments: #1 Notice and Consent)(zrtw)
June 6, 2023 Filing 4 ERRATA Complaint including full addresses by MERCK & CO., INC. re #1 Complaint,. (Roth, Jacob)
June 6, 2023 Filing 3 NOTICE of Appearance by Jacob M. Roth on behalf of MERCK & CO., INC. (Roth, Jacob)
June 6, 2023 Filing 2 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MERCK & CO., INC. (Roth, Jacob)
June 6, 2023 Filing 1 COMPLAINT against XAVIER BECERRA, CHIQUITA BROOKS-LASURE, CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES ( Filing fee $ 402 receipt number ADCDC-10117158) filed by MERCK & CO., INC.. (Attachments: #1 Civil Cover Sheet, #2 Summons (Becerra), #3 Summons (HHS), #4 Summons (Brooks-LaSure), #5 Summons (CMS))(Roth, Jacob)
June 6, 2023 NOTICE OF ERROR re #1 Complaint; emailed to yroth@jonesday.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zrtw, )
June 6, 2023 Case Assigned to Judge Randolph D. Moss. (zrtw)
June 6, 2023 NOTICE OF ERROR re #1 Complaint; emailed to yroth@jonesday.com, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. Attorney is provisional. Please renew your membership. See https://www.dcd.uscourts.gov/attorney-renewal., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zrtw, )

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Plaintiff: MERCK & CO., INC.
Represented By: Jacob M. Roth
Represented By: Megan Lacy Owen
Represented By: Gerald Brinton Lucas
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Defendant: XAVIER BECERRA
Represented By: Alexander V. Sverdlov
Represented By: Stephen M. Pezzi
Represented By: Christine L. Coogle
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Defendant: U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
Represented By: Stephen M. Pezzi
Represented By: Alexander V. Sverdlov
Represented By: Christine L. Coogle
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Defendant: CHIQUITA BROOKS-LASURE
Represented By: Christine L. Coogle
Represented By: Stephen M. Pezzi
Represented By: Alexander V. Sverdlov
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Defendant: CENTERS FOR MEDICARE & MEDICAID SERVICES
Represented By: Christine L. Coogle
Represented By: Alexander V. Sverdlov
Represented By: Stephen M. Pezzi
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