ELI LILLY AND COMPANY et al v. HEALTH RESOURCES AND SERVICES ADMINISTRATION, et al
| ELI LILLY AND COMPANY and LILLY USA, LLC |
| ROBERT P. CHARROW, THOMAS J. ENGELS, ALEX M. AZAR, II, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, HEALTH RESOURCES AND SERVICES ADMINISTRATION, NORRIS COCHRAN, DIANA ESPINOZA, XAVIER BECERRA and DANIEL J. BARRY |
| The Children's Hospital Association, 340B HEALTH, THEAMERICIAN HOSPITAL ASSOCIATION, AMERICA'S ESSENTIAL HOSPITALS, The American Society of Health-System Pharmacist, The Association of American Medical Colleges, THE AMERICAN HOSPITAL ASSOCIATION and THE AMERICIAN SOCIETY OF HEALTH-SYSTEM PHARMACIST |
| NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS, LITTLE RIVERS HEALTH CARE INC, RYAN WHITE CLINICS FOR 340B ACCESS, WOMENCARE INC d/b/a FamilyCare Health Center and AARON VANDERVELDE |
| 1:2021cv00081 |
| January 12, 2021 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Mark J Dinsmore |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 28 U.S.C. § 2201 Declaratory Judgement |
| None |
Docket Report
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Filing 169
ORDER - In light of the parties' Joint Status Report Dkt. #168 , the pending cross-motions for summary judgment on Plaintiff's ADR claims Dkts. #87 and #89 are hereby administratively closed until further order of the Court. This administrative closure does not serve to moot or vacate the Court's preliminary injunction nor convert the preliminary injunction into a permanent injunction. The parties may seek to reopen or renew these motions at any point in the future, if appropriate. Signed by Judge Sarah Evans Barker on 05/15/2023.(AAS)
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| Filing 168 STATUS REPORT Joint Status Report by ELI LILLY AND COMPANY, LILLY USA, LLC. (O'Quinn, John) |
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Filing 167
ORDER - In our October 29, 2021 Order addressing the parties' cross-motions for summary judgment, we ruled on Plaintiffs' claims brought pursuant to the Administrative Procedures Act ("APA") challenging the HHS's General Counsel's December 30, 2020. Our rulings with regard to those claims have been cross appealed by the parties, which appeals are currently pending before the Seventh Circuit.To date we have refrained from ruling on the parties' cross-motions for summary judgment regarding Plaintiffs' ADR claims in light of the parties' pending cross-appeals at the Seventh Circuit. Given the length of time since our summary judgment order was issued, and the continued uncertainty of the timing of an appellate ruling, the parties are hereby ORDERED to meet and confer and submit to the Court a joint status report replying questions. The parties shall file their joint status report within twenty-one (21) days of the date of this order. *** SEE ORDER ***. Signed by Judge Sarah Evans Barker on 4/20/2023. (CKM)
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| Filing 165 Supplemental Record on Appeal transmitted to USCA via UPS re #151 Notice of Cross Appeal, #146 Notice of Appeal (USCA #21-3405 and 21-3128). Contents of Supplemental Record: 1 CD containing the Administrative Record. (LBT) Modified on 10/21/2022 (LBT). |
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Filing 164
ORDER granting #163 Motion to Withdraw Attorney Appearance. Attorney Andrea Butler withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 8/11/2022. (SWM)
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| Filing 163 MOTION to Withdraw Attorney Appearance , filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Text of Proposed Order)(Butler, Andrea) |
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Filing 162
ORDER granting #161 Motion to Withdraw Attorney Appearance. Attorney Matthew D. Rowen withdrawn. Signed by Magistrate Judge Mark J. Dinsmore on 8/3/2022. (SWM)
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| Filing 161 MOTION to Withdraw Attorney Appearance , filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Text of Proposed Order)(Rowen, Matthew) |
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Filing 160
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Status Conference held on 6/13/2022. Court & parties discussed case status. Conference concluded without further order. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 158
AMENDED SCHEDULING ORDER (TIME ONLY): This matter is currently set for a Telephonic Status Conference 6/13/2022 at 2:30 PM. The Court, sua sponte, hereby changes the time to 4:00 PM (Eastern Time) on that same date. All other requirements of the Court's #157 Scheduling Order remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 6/10/2022. (GD)
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Filing 157
SCHEDULING ORDER: Status Conference set for 6/13/2022 02:30 PM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. The purpose of the conference shall be to discuss case status. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mark J. Dinsmore on 6/8/2021.(SWM)
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Filing 156
AMENDED PARTIAL FINAL JUDGMENT -The Court, having this day granted summary judgment in favor of Plaintiffs on Counts III and XII, and in favor of Defendants on Counts X, XI, and XIII, finds, pursuant to Federal Rule of Civil Procedure 54(b), that there is no just reason for delay. The Court therefore hereby enters partial final judgment in favor of Defendants and against Plaintiffs on Counts X, XI, and XIII, and in favor of Plaintiffs and against Defendants on Counts III and XII. The Court enters declaratory judgment as follows. *** (SEE ORDER ***) HHS's General Counsel's December 30, 2020 Advisory Opinion and HRSA's May 17, 2021 Enforcement Letter are hereby SET ASIDE and VACATED, and HRSA's May 17, 2021 Enforcement Letter is REMANDED for further action as Defendants may determine consistent with these rulings. Signed by Judge Sarah Evans Barker on 4/14/2022.(CKM) **Emailed to USCA re #21-3128** Modified on 4/15/2022 (LBT).
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Filing 155
ORDER of USCA as to #146 Notice of Appeal filed by ELI LILLY AND COMPANY, LILLY USA, LLC (USCA #21-3128) - IT IS ORDERED that this appeal is REMANDED to the district court to enter a judgment that fully and completely implements its decision, declaring specifically and separately the respective rights of the parties. See Fed. R. Civ. P. 60(a); Fed. R. App. P. 12.1. Once the district court has done so, this appeal will proceed to briefing. An amended notice of appeal is unnecessary; the original appeal will come into force once a proper judgment has been entered. See Fed. R. App. P. 4(a)(2); cf. Philadelphia Indemnity Ins. Co. v. The Chicago Trust Co., 930 F.3d 910, 912 (7th Cir. 2019). IT IS FURTHER ORDERED that appellants inform the court, no later than April 21, 2022, whether the district court has entered its amended judgment. (LBT)
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| Filing 154 USCA Case Number 21-3405 for #151 Notice of Cross Appeal filed by XAVIER BECERRA, DIANA ESPINOZA, ROBERT P. CHARROW, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, THOMAS J. ENGELS, NORRIS COCHRAN, DANIEL J. BARRY, ALEX M. AZAR, II, HEALTH RESOURCES AND SERVICES ADMINISTRATION. (KAA) |
| Filing 153 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #151 Notice of Cross Appeal. - for Court of Appeals Use Only. (KAA) |
| Filing 152 PARTIES' SHORT RECORD re #151 Notice of Cross Appeal - Instructions for Attorneys/Parties attached. (KAA) |
| Filing 151 NOTICE OF CROSS APPEAL as to #145 Judgment, #144 Order on Motion to DismissOrder on Motion for Summary JudgmentOrder on Motion for Preliminary Injunction, filed by Defendants ALEX M. AZAR, II, DANIEL J. BARRY, XAVIER BECERRA, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (No fee paid with this filing) (Talmor, Kate) |
| Filing 150 USCA Case Number 21-3128 for #146 Notice of Appeal, filed by ELI LILLY AND COMPANY, LILLY USA, LLC. (LBT) |
| Filing 149 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #146 Notice of Appeal,. - for Court of Appeals Use Only. (LBT) |
| Filing 148 PARTIES' SHORT RECORD re #146 Notice of Appeal, - Instructions for Attorneys/Parties attached. (LBT) |
| Filing 147 DOCKETING STATEMENT by ELI LILLY AND COMPANY, LILLY USA, LLC re #146 Notice of Appeal, (O'Quinn, John) |
| Filing 146 NOTICE OF APPEAL as to #145 Judgment,,, #144 Order on Motion to Dismiss,,,,,,,, Order on Motion for Summary Judgment,,,,,,,,,,,,,,,, Order on Motion for Preliminary Injunction,,,,,,,, filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Filing fee $505, receipt number AINSDC-6836235) (O'Quinn, John) |
| Filing 145 JUDGMENT - The Court, having on this day granted summary judgment in favor of Plaintiffs on Counts III and XII and in favor of Defendants on Counts X, XI, and XIII, finds, pursuant to Federal Rule of Civil Procedure 54(b), that there is no just reason for delay. Accordingly, partial final judgment is hereby entered in favor of Defendants and against Plaintiffs on Counts X, XI, and XIII and in favor of Plaintiffs and against Defendants on Counts III and XII. HHS's General Counsel's December 30, 2020 Advisory Opinion and HRSA's May 17, 2021 Enforcement Letter are hereby SET ASIDE and VACATED and HRSA's May 17, 2021 Enforcement Letter is REMANDED to the agency. Signed by Judge Sarah Evans Barker on 10/29/2021. (CKM) |
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Filing 144
ORDER - granting in part and denying in part #87 Defendants' Motion to Dismiss or, in the Alternative, Motion for Summary Judgment; granting in part and denying in part #89 Plaintiff's Cross Motion for Summary Judgment. -- Defendants' Motion to Dismiss as to Plaintiffs' APA claims challenging the Advisory Opinion issued by General Counsel of HHS on December 30, 2020 is GRANTED. Plaintiffs' Motion for Summary Judgment on their claim that the Advisory Opinion is arbitrary and capricious and thus violates the APA (Count III) is GRANTED and Defendants' Cross-Motion for Summary Judgment on that claim is correspondingly DENIED. The parties' cross-motions on Plaintiffs' remaining APA claims challenging the Advisory Opinion on grounds that it was issued without following notice and comment procedures (Count I), exceeds the agency's statutory authority (Count II), and violative of the Fifth Amendment's Takings Clause and Article I of the United States Constitution (Count IV), are DENIED WITHOUT PREJUDICE. Plaintiffs' Motion for Summary Judgment on their APA claims challenging the May 17 Letter on grounds that it is contrary to law or in excess of statutory authority (Count X), violative of the Fifth Amendment's Takings Clause and Article I of the United States Constitution (Count XI), and issued without following notice and comment procedures (Count XIII) is DENIED and Defendants' Cross Motion for Summary Judgment is correspondingly GRANTED as to these claims. Plaintiffs' Motion for Summary Judgment as to their claim that the May 17 Letter is arbitrary and capricious in violation of the APA (Count XII) is GRANTED and Defendants' Cross Motion for Summary Judgment is DENIED. Signed by Judge Sarah Evans Barker on 10/29/2021. *** SEE ORDER FOR FURTHER DETAILS *** (CKM) Modified on 10/29/2021 (CKM). Modified on 10/29/2021 (CKM). Modified on 11/3/2021 (LDH).
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| Filing 143 NOTICE to the Court re September 22, 2021 Letter from Defendant HRSA to Lilly, filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC (Attachments: #1 Exhibit A, September 22, 2021 Letter from M. Herzog to D. Asay, #2 Exhibit B, Excerpts from July 30, 2021 Hearing Transcript) (O'Quinn, John) |
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Filing 142
ORDER VACATING INITIAL PRETRIAL CONFERENCE: In light of the Notice filed by the parties in this case #141 , the initial pretrial conference scheduled for August 19, 2021, is hereby VACATED. SO ORDERED. Signed by Magistrate Judge Mark J. Dinsmore on 8/18/2021. (GD)
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| Filing 141 NOTICE Joint Notice Regarding Initial Pretrial Conference, filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC, re #113 Scheduling Order. (O'Quinn, John) |
| Filing 139 TRANSCRIPT of Preliminary Injunction held on 7/30/21 before Judge Sarah Evans Barker. (69 pages.) Court Reporter/Transcriber: Laura Howie-Walters (Telephone: (317) 632-3422). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 8/26/2021. Release of Transcript Restriction set for 11/3/2021. (Howie-Walters, Laura) Released on 11/3/2021 (SWM). |
| Filing 138 NOTICE of FILING of OFFICIAL TRANSCRIPT of Preliminary Injunction held before Judge Sarah Evans Barker on 07/30/21 (Howie-Walters, Laura) |
| Filing 137 NOTICE of Appearance by Jody D. Lowenstein on behalf of Defendants DANIEL J. BARRY, XAVIER BECERRA, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Lowenstein, Jody) |
| Filing 136 Minute Entry for a hearing on Defendants' Motion to Dismiss or, in the Alternative, for Summary Judgment [Dkt. 87], Plaintiffs' Cross-Motion for Summary Judgment [Dkt. 89], and Plaintiffs' Motion for Preliminary Injunction and a Temporary Restraining Order [Dkt. 94] held before Judge Sarah Evans Barker on 7/30/2021. Parties appeared by counsel. Defendants' counsel moved to for the admission of co-counsel, Jody Lowenstein. The Court granted same. Defendants' counsel presented their oral arguments. Plaintiffs' counsel presented their oral arguments. The Court takes the motions under advisement. Court is adjourned. (Court Reporter Laura Howie-Walters.) (LDH) |
| Filing 135 NOTICE of Teleconference Call-in Information for #110 DELAYED HEARING set for 7/30/2021 at 11:45 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Members of the public may listen to the hearing by calling 877-810-9415 to participate in the conference. Callers will be required to enter Access Code 2583052 and Security Code 210081 before being connected to the conference call. All participants granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (TEXT-ENTRY: There is no pdf document associated with this entry.) (TEXT-ENTRY: There is no pdf document associated with this entry.) (LDH) |
| Filing 134 NOTICE of Teleconference Call-in Information for #110 Hearing set for 7/30/2021 10:15 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. Members of the public may listen to the hearing by calling 877-810-9415 . Callers will be required to enter Access Code 2583052 and Security Code 210081 before being connected to the call. All participants granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (TEXT-ENTRY: There is no pdf document associated with this entry.) (LDH) |
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Filing 133
ORDER granting #131 Motion to Appear pro hac vice. Attorney Andrea Butler for ELI LILLY AND COMPANY and LILLY USA, LLC added. If not already registered with the Court's Electronic Filing System, Andrea Butler is ordered to register within ten (10) days of the entry of this order. Copy to Andrea Butler via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 7/23/2021. (SWM)
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| Filing 132 Submission of Proposed Order , re #131 MOTION for Attorney(s) Andrea Butler to Appear pro hac vice (Filing fee $100, receipt number 0756-6668013), filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Pierson, Andrea) |
| Filing 131 MOTION for Attorney(s) Andrea Butler to Appear pro hac vice (Filing fee $100, receipt number 0756-6668013), filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Exhibit A - Certification of A Butler ISO PHV)(Pierson, Andrea) |
| Filing 130 EXHIBIT in Support of Reply in Support of Motion re #94 MOTION for Preliminary Injunction , #89 Cross MOTION for Summary Judgment #129 Reply, filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Asay Decl. Ex. 1, Dallas County 340B Contract, #2 Dixson Decl. Ex. 1, 340B Limited Distribution Contract Pharmacy Selection Form, #3 Dixson Decl. Ex. 2, 340B Limited Distribution Insulin Contract Pharmacy Exception Form, #4 Dixson Decl. Ex. 3, 340B Limited Distribution Exception for Wholly Owned Contract Pharmacies, #5 Dixson Decl. Ex. 4, Lilly 340B Expanded Contract Pharmacy Exception, #6 Dixson Decl. Ex. 5, Denial of 340B Linuted Distribution Contract Pharmacy Selection)(O'Quinn, John) |
| Filing 129 REPLY in Support of Motion re #94 MOTION for Preliminary Injunction , #89 Cross MOTION for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Exhibit Index, #2 Exhibit A, Declaration of Heather Dixson, #3 Exhibit B, Declaration of Derek Asay, #4 Exhibit C, 2020-09-10 Email to HHS re 340B Correspondence, attaching 2020-9-8 Letter, #5 Exhibit D, 2020-09-10 Email to Lilly re 340B Correspondence, #6 Exhibit E, 2020-09-10 Email to HHS re 340B Correspondence, #7 Exhibit F, 2020-09-18 Email to HHS re 340B Correspondence, #8 Exhibit G, 2020-09-18 Email to Lilly re 340B Correspondence, #9 Exhibit H, 2020-09-22 Email to Lilly re 340B Correspondence, attaching 2020-9-21 Letter)(O'Quinn, John) |
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Filing 128
ORDER - Now before the Court are two motions for leave to file amicus briefs filed by Little Rivers Health Care Inc., National Association of Community Health Centers, Ryan White Clinics for 340B Access, and Womencare Inc. d/b/a FamilyCare Health Center [Dkt. 120]; and 340B Health, America's Essential Hospitals, American Hospital Association, American Society of Health-System Pharmacists, Association of American Medical Colleges, and National Association of Children's Hospitals d/b/a Children's Hospital Association [Dkt. 124], respectively. These motions are unopposed. Upon review of these motions, we find that leave is appropriate because the Amici have shown they have "a unique perspective, or information, that can assist the court... beyond what the parties are able to do,these motion #120 & #124 are granted. Signed by Judge Sarah Evans Barker on 7/12/2021. (CKM)
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Filing 127
ORDER - Now before the Court is the Motion for Leave to File a Brief as Amicus Curiae in Support of Neither Party Dkt. #92 , filed by Aaron Vandervelde, a consultant on 340B contract pharmacy related matters. Plaintiffs do not oppose Mr. Vandervelde's motion, but Defendants voiced their opposition to the motion during the May 27, 2021 hearing on Plaintiffs' motion for temporary restraining order. According to his motion, Mr. Vandervelde seeks to provide the Court background information regarding the manner in which contract pharmacy arrangements operate and the compliance issues and other challenges associated with such arrangements. Because a significant portion of the information contained in Mr. Vandervelde's 137-page submission is outside the scope of the issues the Court is asked to decide in this action and/or is information that can be presented by the parties themselves if they so choose, Mr. Vandervelde's motion #92 is DENIED. Signed by Judge Sarah Evans Barker on 7/9/2021. (CKM)
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| Filing 126 NOTICE of Change of Attorney Information. Consistent with Local Rule 5-3, Joseph Neal Bowling hereby notifies the Clerk of the court of changed contact information. (Bowling, Joseph) |
| Filing 125 REPLY in Support of Motion re #87 MOTION to Dismiss MOTION for Summary Judgment and Motion for Summary Judgment on Plaintiff's New Claims and Opposition to Plaintiff's Motions for Summary Judgment and for Preliminary Injunction, filed by Defendants ALEX M. AZAR, II, DANIEL J. BARRY, XAVIER BECERRA, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: #1 Exhibit Talmor Email, #2 Pedley Declaration)(Talmor, Kate) |
| Filing 124 MOTION for Leave to File Amicus Brief in Support of Defendants, filed by Intervenor Parties 340B HEALTH, AMERICA'S ESSENTIAL HOSPITALS, THEAMERICIAN HOSPITAL ASSOCIATION, The American Society of Health-System Pharmacist, The Association of American Medical Colleges, The Children's Hospital Association. (Attachments: #1 Exhibit A - Amicus Brief, #2 Exhibit B - Proposed Order)(Morical, Alice) |
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Filing 123
ORDER - This is matter is before the Court on Defendants' Consent Motions to [Modify] Schedule in Light of Recent Decisions. [Dkts. #121 & #122 ]. The Court, being duly advised, hereby GRANTS the motions. The Court's Order dated June 3, 2021 [Dkt. #110 at 1] is hereby amended as follows (see Order). All other requirements of the Court's Order dated June 3, 2021 [Dkt. 110] remain in effect. Signed by Magistrate Judge Mark J. Dinsmore on 6/22/2021. (SWM)
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| Filing 122 Consent MOTION to Modify Briefing Schedule in Light of Recent Judicial Decisions--Corrected, filed by Defendants ALEX M. AZAR, II, DANIEL J. BARRY, XAVIER BECERRA, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: #1 Text of Proposed Order)(Talmor, Kate) |
| Filing 121 Consent MOTION to Modify Schedule in Light of Recent Judicial Decisions, filed by Defendants ALEX M. AZAR, II, DANIEL J. BARRY, XAVIER BECERRA, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: #1 Text of Proposed Order)(Talmor, Kate) |
| Filing 120 Unopposed MOTION for Leave to File Amicus Brief, filed by Amicus Parties LITTLE RIVERS HEALTH CARE INC, NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS, RYAN WHITE CLINICS FOR 340B ACCESS, WOMENCARE INC. (Attachments: #1 Amicus Brief, #2 Index of Exhibits, #3 Exhibit A. Auclair Aff., #4 Exhibit B. Slingerland Aff.)(Connelly, Ronald) |
| Filing 119 NOTICE of Withdrawal of HHS OGC's Advisory Opinion, filed by Defendants ALEX M. AZAR, II, DANIEL J. BARRY, XAVIER BECERRA, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: #1 HHS OGC's Withdrawal of AO) (Talmor, Kate) |
| Filing 118 NOTICE of Supplemental Authority, filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC (Attachments: #1 Exhibit A, Opinion in AstraZeneca Pharmaceuticals LP v. Becerra, et al., No. 21-27-LPS) (O'Quinn, John) |
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Filing 117
ORDER granting #116 Motion to manually file. Defendants have filed on the docket the index to the administrative record and certification of the administrative record, and may file that same administrative record manually by providing it to the Clerk's Office in electronic form. Signed by Judge Sarah Evans Barker on 6/16/2021. (CBU)
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| Filing 166 NOTICE of Manual Filing re #165 Supplemental Record Sent USCA, (Attachments: #1 Exhibit 1 (One) CD HRSA Violation Letters Administrative Record #2 Envelope) (CKM) |
| Filing 116 MOTION For Leave to Manually File Oversize Administrative Record, filed by Defendants ALEX M. AZAR, II, DANIEL J. BARRY, XAVIER BECERRA, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: #1 Text of Proposed Order, #2 certification of administrative record, #3 index of administrative record)(Talmor, Kate) |
| Filing 115 NOTICE OF FILING OF RESPONSE TO MAY 17, 2021 HRSA LETTER, filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC, re #102 Motion Hearing. (Attachments: #1 Exhibit A, June 10, 2021 Letter in response to May 17, 2021 Letter) (O'Quinn, John) |
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Filing 114
ORDER - granting #111 Motion to Withdraw to Intervene ; Before this Court is American Hospital Association, 340B Health, America's Essential Hospitals, Association of American Medical Colleges, National Association of Children'sHospitals d/b/a Children's Hospital Association, and American Society of Health- System Pharmacists' Motion to Withdraw their Motion to Intervene as Defendants. Such motion is hereby GRANTED. Signed by Judge Sarah Evans Barker on 6/7/2021. (CKM)
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Filing 113
SCHEDULING ORDER: Initial Pretrial Conference set for 8/19/2021 10:00 AM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email. In advance of the initial pretrial conference, counsel shall plan for discovery and conduct the conference contemplated by Fed. R. Civ. P. 26(f). Counsel need not prepare a case management plan, but should confer about deadlines necessary to prepare the case for submission to the Court. See Order for additional information. Signed by Magistrate Judge Mark J. Dinsmore on 6/7/2021.(SWM)
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Filing 112
ORDER- In light of the Court's Order [Dkt. #110 ] granting the parties' Joint Motion to Amend Schedule for Further Proceedings [Dkt. #106 ], the Court, sua sponte, hereby VACATES its Scheduling Order setting the June 21, 2021 telephonic initial pretrial conference [Dkt. #105 ], including all deadlines and requirements set forth therein. Signed by Magistrate Judge Mark J. Dinsmore on 6/7/2021.(SWM)
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| Filing 111 MOTION to Withdraw #39 MOTION to Intervene , filed by Intervenor Parties 340B HEALTH, AMERICA'S ESSENTIAL HOSPITALS, THEAMERICIAN HOSPITAL ASSOCIATION, The American Society of Health-System Pharmacist, The Association of American Medical Colleges, The Children's Hospital Association. (Attachments: #1 Text of Proposed Order)(Morical, Alice) |
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Filing 110
ORDER - granting #106 Motion to Amend Schedule for Further Proceedings and Change Preliminary-Injunction Hearing. Motion Hearing is set for 7/30/2021 10:15 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker. *** SEE ORDER FOR FURTHER INFORMATION ***. Signed by Judge Sarah Evans Barker on 6/3/2021. (CKM)
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| Filing 109 NOTICE of FILING of OFFICIAL TRANSCRIPT of Telephonic Fairness Hearing held before Judge Sarah Evans Barker on 05/18/21 (Howie-Walters, Laura) |
| Filing 108 TRANSCRIPT of Temporary Restraining Order held on 5/27/21 before Judge Sarah Evans Barker. (76 pages.) Court Reporter/Transcriber: Laura Howie-Walters (Telephone: (317) 632-3422). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 6/23/2021. Release of Transcript Restriction set for 8/31/2021. (Howie-Walters, Laura) Released on 8/31/2021 (SWM). |
| Filing 107 NOTICE of FILING of OFFICIAL TRANSCRIPT of Temporary Restraining Order held before Judge Sarah Evans Barker on 5/27/21 (Howie-Walters, Laura) |
| Filing 106 Joint MOTION TO AMEND SCHEDULE FOR FURTHER PROCEEDINGS AND CHANGE PRELIMINARY-INJUNCTION HEARING DATE, filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Text of Proposed Order)(O'Quinn, John) |
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Filing 105
SCHEDULING ORDER: Initial Pretrial Conference set for 6/21/2021 10:00 AM (Eastern Time) in Telephonic before Magistrate Judge Mark J. Dinsmore. Counsel shall attend the conference by calling the designated telephone number, to be provided by the Court via email generated by the Court's ECF system. The parties shall file a proposed Case Management Plan ("CMP") no fewer than seven days before the pretrial conference. Section III(A) through (E) of the proposed CMP shall include the following deadlines (see Order for established deadlines and additional information). Signed by Magistrate Judge Mark J. Dinsmore on 5/28/2021.(SWM)
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Filing 104
ORDER - granting #101 Motion for Extension of Time to File Reply to 6/4/2021 re #87 MOTION to Dismiss MOTION for Summary Judgment , which may be combined in a single brief with Defendants' opposition to Plaintiffs' motion for a preliminary injunction. Signed by Judge Sarah Evans Barker on 5/27/2021. (CKM)
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| Filing 103 AMENDED COMPLAINT (Second) against DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, Xavier Becerra, Daniel J. Barry, filed by LILLY USA, LLC, ELI LILLY AND COMPANY. (Attachments: #1 Exhibit Index, #2 Exhibit A, 2020-10-15 Letter to Azar re 340B, #3 Exhibit B, 2020-05-18 Lilly Letter to HRSA, #4 Exhibit C, 2020-06-11 HRSA Email to Lilly, #5 Exhibit D, 2020-06-26 HRSA - Lilly Email Exchange, #6 Exhibit E, 2020-07-17 Lilly Letter to HHS, #7 Exhibit F, 2020-08-19 Lilly Letter to HRSA, #8 Exhibit G, Limited Distribution Plan Notice for Lilly Products September 2020, #9 Exhibit H, 2020-08-26 HRSA Letter to Lilly, #10 Exhibit I, 2020-08-27 Lilly Response to HRSA, #11 Exhibit J, 2020-09-08 Lilly Letter to HHS, #12 Exhibit K, 2020-09-21 HHS Letter to Lilly, #13 Exhibit L, 2020-12-09 HRSA Letter, #14 Exhibit M, 2016-10-11 Lilly NPRM comments, #15 Exhibit N, 2021-01-06 Letter from UWMC to Lilly, #16 Exhibit O, 2020-11-24 PhRMA Petition for 340B ADR Rulemaking, #17 Exhibit P, 2021-05-17 HRSA Letter to Lilly, #18 Exhibit Q, 2021-02-26 Hearing Transcript Excerpt)(O'Quinn, John) |
| Filing 102 Minute Entry for hearing on Plaintiffs' Motion for Temporary Restraining Order held before Judge Sarah Evans Barker on 5/27/2021. Plaintiffs' counsel presented his oral arguments. Defendants' counsel presented her oral arguments. The Court granted Defendants' Unopposed Motion for An Extension of Time to File and to Combine Briefing [Dkt. 101] in open court. The Court denies Plaintiffs' Motion for Temporary Restraining Order but extends the deadline for Plaintiffs' to respond to the May 17, 2021 letter until June 10, 2021. Court is adjourned. (Court Reporter Laura Howie-Walters.) (LDH) (LDH) |
| Filing 101 Unopposed MOTION for Extension of Time to File Reply to 06/04/2021 re #89 Cross MOTION for Summary Judgment and Motion to Combine Remaining Briefing, filed by Defendants ALEX M. AZAR, II, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: #1 Text of Proposed Order)(Talmor, Kate) |
| Filing 100 RESPONSE in Opposition re #94 MOTION for Preliminary Injunction and Motion for Temporary Restraining Order, filed by Defendants ALEX M. AZAR, II, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Talmor, Kate) |
| Filing 99 BRIEF/MEMORANDUM in Support re #94 MOTION for Preliminary Injunction per Scheduling Order at Dkt. 97, filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Exhibit A, May 17, 2021 Letter to Lilly)(O'Quinn, John) |
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Filing 98
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Pretrial Conference held on 5/21/2021 re #94 Plaintiffs' Motion for a Preliminary Injunction and a Temporary Restraining Order. Defendants' response to Plaintiffs' motion is due 6/4/2021; Plaintiffs' reply in support their motion is due 6/9/2021. Hearing on Plaintiffs' request for Temporary Restraining Order to be set for 5/27/2021 at 3:00 PM (Eastern) (details by separate order). Hearing on Plaintiffs' Motion for Preliminary Injunction to be set for 6/16/2021 (details by separate order). *SEE ORDER.* Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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Filing 97
SCHEDULING ORDER: In Person Motion Hearing set for 6/16/2021 at 10:15 AM in room #216, United States Courthouse, 46 E. Ohio Street, Indianapolis, Indiana before Judge Sarah Evans Barker on Plaintiff's Motion for Preliminary Injunction. The court will contact counsel by separate email with the information to be used to participate in this hearing. The public may listen to the hearing calling 1-646-828-7666. Participants will be required to enter Meeting ID 160 823 0452 and Passcode 462451 before being connected to the hearing. The parties are each ordered to file with the Court a briefing memo, no longer than ten pages, prior to the hearing on May 27, 2021. Due to the time exigencies associated with the TRO request and the fact that any interests the proposed intervenors may have in the issues that will be presented at the TRO hearing will be adequately represented by Defendants, the proposed intervenors' request is DENIED as to the TRO hearing. The Court will rule as quickly as possible on the motion as it relates to the underlying merits of this case. (See Order). Signed by Judge Sarah Evans Barker on 5/24/2021.(MAC)
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Filing 96
SCHEDULING ORDER: Telephonic Pretrial Conference set for 5/21/2021 at 3:30 PM (Eastern Time) before Magistrate Judge Mark J. Dinsmore. The purpose of the call is to discuss #94 Plaintiffs' Motion for a Preliminary Injunction and a Temporary Restraining Order. Counsel shall attend the conference by calling 877-873-8018, Access Code 5419220, Security Code 210081. Signed by Magistrate Judge Mark J. Dinsmore on 5/21/2021. (GD)
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| Filing 95 BRIEF/MEMORANDUM in Support re #94 MOTION for Preliminary Injunction , filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A, May 17, 2021 Letter to Lilly, #3 Exhibit B, February 26, 2021 Transcript Excerpt, #4 Exhibit C, May 12, 2021 340B Report, #5 Exhibit D, Declaration of Leigh Ann Pusey)(O'Quinn, John) |
| Filing 94 MOTION for Preliminary Injunction and MOTION for Temporary Restraining Order, filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Exhibit A, May 17, 2021 Letter to Lilly)(O'Quinn, John) Modified on 5/24/2021 (LDH). |
| Filing 93 NOTICE of Appearance by Joseph Neal Bowling on behalf of Amicus AARON VANDERVELDE. (Bowling, Joseph) |
| Filing 92 Unopposed MOTION for Leave to File a Brief as Amicus Curiae in Support of Neither Party, filed by Amicus AARON VANDERVELDE. (Attachments: #1 Exhibit 1 - Proposed Amicus Brief, #2 Text of Proposed Order Ex. 2 -)(Cox, Dina) Modified on 5/13/2021 (CKM). |
| Filing 91 NOTICE of Appearance by Dina M. Cox on behalf of Amicus AARON VANDERVELDE. (Cox, Dina) |
| Filing 90 MOTION to Schedule Oral Argument, filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Text of Proposed Order)(Paul, Brian) |
| Filing 89 Cross MOTION for Summary Judgment re #87 MOTION to Dismiss MOTION for Summary Judgment , filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Paul, Brian) Modified on 5/11/2021 (CKM). |
| Filing 88 BRIEF/MEMORANDUM in Support re #87 MOTION to Dismiss MOTION for Summary Judgment , filed by Defendants ALEX M. AZAR, II, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Talmor, Kate) |
| Filing 87 MOTION to Dismiss (), MOTION for Summary Judgment (), filed by Defendants ALEX M. AZAR, II, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: #1 Memorandum of Points and Authorities, #2 Text of Proposed Order)(Talmor, Kate) |
| Filing 86 NOTICE of Filing of Administrative Records by All Defendants (Attachments: #1 Certification for ADR Admin Record, #2 Index for ADR Admin Record, #3 ADR Admin Record Part 1, #4 ADR Admin Record Part 2, #5 ADR Admin Record Part 3, #6 Certification for AO Admin Record, #7 Index for AO Admin Record, #8 AO Admin Record Part 1, #9 AO Admin Record Part 2, #10 AO Admin Record Part 3, #11 AO Admin Record Part 4, #12 AO Admin Record Part 5) (Talmor, Kate) |
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Filing 85
ORDER - GRANTING STIPULATED BRIEFING SCHEDULE #83 ; In consideration of the parties' request that the Court enter a stipulated schedule for briefing the merits of Plaintiffs' Amended Complaint, good cause having been shown, the Court hereby GRANTS the request and orders; Signed by Judge Sarah Evans Barker on 3/29/2021. *** SEE ORDER ***(CKM)
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| Filing 84 REPLY in Support of Motion re #39 MOTION to Intervene , filed by Intervenor Parties 340B HEALTH, AMERICA'S ESSENTIAL HOSPITALS, THEAMERICIAN HOSPITAL ASSOCIATION, The American Society of Health-System Pharmacist, The Association of American Medical Colleges, The Children's Hospital Association. (Morical, Alice) |
| Filing 83 STIPULATION of Joint Proposed Briefing Schedule for Merits of Plaintiffs' Amended Complaint, filed by Defendants ALEX M. AZAR, II, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: #1 Text of Proposed Order)(Talmor, Kate) |
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Filing 82
PRELIMINARY INJUNCTION - The Court orders as follows: Defendants, as well as their officers, agents, employees, attorneys, and all persons in active concert or participation with them, are hereby PRELIMINARILY ENJOINED until further order of this Court from implementing or enforcing against Plaintiffs the Administrative Dispute Resolution Regulations published at 85 Fed. Reg. 80,632 and codified at 42 C.F.R. 10.20-24. Signed by Judge Sarah Evans Barker on 3/16/2021. (CKM)
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Filing 81
ORDER - GRANTING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION; We GRANT Plaintiffs' Motion for Preliminary Injunction Dkt. #18 . Defendants, as well as their officers, agents, employees, attorneys, and all persons in active concert or participation with them, are hereby PRELIMINARILY ENJOINED until further order of this Court from implementing or enforcing against Plaintiffs the Administrative Dispute Resolution Regulations published at 85 Fed. Reg. 80,632 and codified at 42 C.F.R. 10.20-24. Consistent with the Seventh Circuit's holding in MillerCoors LLC v. Anheuser-Busch Companies, LLC, Nos. 2919-2200, 19-2713 & 19-2782, 2019 WL 5280872, at *1 (7th Cir. Oct. 18, 2019), this injunction shall be set forth in a separate Order without reference to any other document. Signed by Judge Sarah Evans Barker on 3/16/2021. (CKM)
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| Filing 80 ***PLEASE DISREGARD. DOCKETED ON WRONG CASE***Minute Entry for Bench Trial-Day 1 held before Judge Sarah Evans Barker on 3/15/2021. The parties appeared via videoconference. Plaintiffs' counsel presented their opening statement. Defendants' counsel presented their opening statement. Plaintiffs' counsel commenced their case in chief. Plaintiffs' counsel began their case in chief. Plaintiffs called Laura Miller, Amy Hagstrom Miller, Cassie Herr, Dr. Jeffrey Glazer, Dr., and Dr. William Mudd Martin Haskell as their witnesses. Stipulated Exhibits SE1-SE32 were admitted into evidence. Plaintiffs' Exhibit 4 was admitted into evidence. Due to the late hour, the trial was recessed to resume on Tuesday, March 14, 2021 at 9:30 a.m. (Court Reporter Laura Howie-Walters.) (LDH) Modified on 3/16/2021 (LDH). Modified on 4/5/2021 (JD). |
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Filing 79
ORDER granting #77 Motion for Extension of Time. On or before March 19, 2021, Proposed Intervenors shall file a reply in support of their Motion to Intervene. Signed by Magistrate Judge Mark J. Dinsmore on 3/12/2021. (DWH)
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Filing 78
ORDER - This matter is before the Court on Defendant's Motion to File Opposition to Intervention Nunc Pro Tunc. [Dkt. 73.] The Court, being duly advised, hereby GRANTS the motion. Defendants' Opposition to Motion to Intervene [Dkt. 76] is deemed timely filed on March 9, 2021. Signed by Magistrate Judge Mark J. Dinsmore on 3/12/2021.(DWH)
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| Filing 77 Unopposed MOTION for Extension of Time to March 19, 2021 in which to #40 Brief/Memorandum in Support to File Reply Brief in Support of Motion to Intervene, filed by Intervenor Parties 340B HEALTH, AMERICA'S ESSENTIAL HOSPITALS, THEAMERICIAN HOSPITAL ASSOCIATION, The American Society of Health-System Pharmacist, The Association of American Medical Colleges, The Children's Hospital Association. (Attachments: #1 Text of Proposed Order)(Morical, Alice) |
| Filing 76 RESPONSE in Opposition re #39 MOTION to Intervene , filed by Defendants ALEX M. AZAR, II, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Talmor, Kate) |
| Filing 75 BRIEF/MEMORANDUM in Support of Response in Opposition to Motion re #18 MOTION for Preliminary Injunction , filed by Amicus Parties LITTLE RIVERS HEALTH CARE INC, NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS, RYAN WHITE CLINICS FOR 340B ACCESS, WOMENCARE INC. (Attachments: #1 Index of Exhibits, #2 Exhibit A. Auclair Decl., #3 Exhibit B. Glover Decl., #4 Exhibit C. Dickerson Decl.)(Connelly, Ronald) |
| Filing 74 REPLY in Support of Motion re #56 MOTION for Leave to File Notice of Supplemental Authority , filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Exhibit A., 2021.03.09 Declaration of D. Asay)(O'Quinn, John) |
| Filing 73 MOTION for Extension of Time to File Response to March 9, 2021 re #39 MOTION to Intervene , filed by Defendants ALEX M. AZAR, II, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: #1 Text of Proposed Order Granting Two Business Day Extension Nunc Pro Tunc)(Talmor, Kate) |
| CRD review of the Transcript completed. No Fed.R.Civ.P 5.2 items identified for redaction re #72 Transcript. (LDH) |
| Filing 72 TRANSCRIPT of Preliminary Injunction held on 2/26/21 before Judge Sarah Evans Barker. (108 pages.) Court Reporter/Transcriber: Laura Howie-Walters (Telephone: (317) 632-3422). Please review #Local Rule 80-2 for more information on redaction procedures. Redaction Statement due 3/29/2021. Release of Transcript Restriction set for 6/7/2021. (Howie-Walters, Laura) |
| Filing 71 NOTICE of FILING of OFFICIAL TRANSCRIPT of Preliminary Injunction Hearing held before Judge Sarah Evans Barker on 2/26/21 (Howie-Walters, Laura) |
| Filing 70 RESPONSE in Opposition re #39 MOTION to Intervene , filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (O'Quinn, John) |
| Filing 69 Submission of Material Discussed at Hearing and Capable of Judicial Notice, filed by Defendants ALEX M. AZAR, II, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Talmor, Kate) |
| Filing 68 Submission of Objections to Slides Presented by Plaintiff at Oral Argument, filed by Defendants ALEX M. AZAR, II, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Talmor, Kate) |
| Filing 67 RESPONSE in Opposition re #56 MOTION for Leave to File Notice of Supplemental Authority , filed by Defendants ALEX M. AZAR, II, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Talmor, Kate) |
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Filing 66
ORDER granting #54 Motion to Appear pro hac vice. Attorney Casey Trombley Shapir Jonas for The American Hospital Association, 340B Health, America's Essential Hospitals, The Association of American Medical Colleges, The Children's Hospital Association, and The American Society of Health-System Pharmacists added. If not already registered with the Court's Electronic Filing System, Casey Trombley-Shapiro Jonas is ordered to register within ten (10) days of the entry of this order. Copy to Casey Trombley-Shapiro Jonas via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/3/2021. (SWM)
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Filing 65
ORDER granting #53 Motion to Appear pro hac vice. Attorney Margaret M. Dotzel for The American Hospital Association, 340B Health, America's Essential Hospitals, The Association of American Medical Colleges, The Children's Hospital Association, and The American Society of Health-System Pharmacists added. If not already registered with the Court's Electronic Filing System, Margaret M. Dotzel is ordered to register within ten (10) days of the entry of this order. Copy to Margaret M. Dotzel via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/3/2021. (SWM)
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Filing 64
ORDER granting #52 Motion to Appear pro hac vice. Attorney William B. Schultz for The American Hospital Association, 340B Health, America's Essential Hospitals, The Association of American Medical Colleges, The Children's Hospital Association, and The American Society of Health- System Pharmacists added. If not already registered with the Court's Electronic Filing System, William B. Schultz is ordered to register within ten (10) days of the entry of this order. Copy to William B. Schultz via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/3/2021. (SWM)
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Filing 63
ORDER granting #51 Motion to Appear pro hac vice. Attorney Brendan M. Tyler for NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS added. If not already registered with the Court's Electronic Filing System, Brendan M. Tyler is ordered to register within ten (10) days of the entry of this order. Copy to Brendan M. Tyler via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/3/2021. (SWM)
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Filing 62
ORDER granting #50 Motion to Appear pro hac vice. Attorney Rosie Dawn Griffin for NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS added. If not already registered with the Court's Electronic Filing System, Rosie Dawn Griffin is ordered to register within ten (10) days of the entry of this order. Copy to Rosie Dawn Griffin via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/3/2021. (SWM)
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Filing 61
ORDER granting #49 Motion to Appear pro hac vice. Attorney Matthew S. Freedus for NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS added. If not already registered with the Court's Electronic Filing System, Matthew S. Freedus is ordered to register within ten (10) days of the entry of this order. Copy to Matthew S. Freedus via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 3/3/2021. (SWM)
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Filing 60
ORDER - ON MOTIONS FOR LEAVE TO FILE AMICUS BRIEF; This matter is before the Court on the Motions for Leave to File Amicus Brief filed by Little Rivers Health Care Inc., Ryan White Clinics for 340B Access, and Womencare Inc. Dkt. #43 and the National Association of Community Health Centers Dkt. #46 , respectively. The Amici's interests overlap in many respects, so as to eliminate duplicative briefing, we GRANT the pending motions for leave to file amicus briefs to the extent that the Amici may file one combined brief of no more than 25 pages for our consideration. Signed by Judge Sarah Evans Barker on 3/2/2021. (CKM)
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| Filing 56 MOTION for Leave to File Notice of Supplemental Authority, filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Exhibit A - Manufacturer Audit Guidelines and Dispute Resolution Process, #2 Text of Proposed Order)(Pierson, Andrea) |
| Filing 55 Minute Entry for hearing on Plaintiffs' Motion for Preliminary Injunction #18 held before Judge Sarah Evans Barker on 2/26/2021. Parties appeared in person and via videoconference. Plaintiffs' counsel presented his opening statement and oral arguments. Defendants' counsel presented her opening statement and oral arguments. The Court takes the matter under advisement. The Clerk is directed to update the docket to reflect the named public officers' successors. Court is adjourned. (Court Reporter Laura Howie-Walters.) (LDH) |
| Filing 59 RECEIPT #IP072766 for Pro Hac Filing fee in the amount of $100.00, paid by Karen Zimbro for Brendan Michael Tyler. (AKH) Modified on 3/2/2021 (AKH). |
| Filing 58 RECEIPT #IP072766 for Pro Hac Filing fee in the amount of $100.00, paid by Karen Zimbro for Rosie Dawn Griffin. (AKH) Modified on 3/2/2021 (AKH). |
| Filing 57 RECEIPT #IP072766 for Pro Hac Filing fee in the amount of $100.00, paid by Karen Zimbro for Matthew Freedus. (AKH) Modified on 3/2/2021 (AKH). |
| Filing 54 MOTION for Attorney(s) Casey Trombley-Shapiro Jonas to Appear pro hac vice (Filing fee $100, receipt number 0756-6430305), filed by Intervenor Parties 340B HEALTH, AMERICA'S ESSENTIAL HOSPITALS, THEAMERICIAN HOSPITAL ASSOCIATION, The American Society of Health-System Pharmacist, The Association of American Medical Colleges, The Children's Hospital Association. (Attachments: #1 Text of Proposed Order)(Morical, Alice) |
| Filing 53 MOTION for Attorney(s) Margaret Dotzel to Appear pro hac vice (Filing fee $100, receipt number 0756-6430292), filed by Intervenor Parties 340B HEALTH, AMERICA'S ESSENTIAL HOSPITALS, THEAMERICIAN HOSPITAL ASSOCIATION, The American Society of Health-System Pharmacist, The Association of American Medical Colleges, The Children's Hospital Association. (Attachments: #1 Text of Proposed Order)(Morical, Alice) |
| Filing 52 MOTION for Attorney(s) William B. Schultz to Appear pro hac vice (Filing fee $100, receipt number 0756-6430011), filed by Intervenor Parties 340B HEALTH, AMERICA'S ESSENTIAL HOSPITALS, THEAMERICIAN HOSPITAL ASSOCIATION, The American Society of Health-System Pharmacist, The Association of American Medical Colleges, The Children's Hospital Association. (Attachments: #1 Text of Proposed Order)(Morical, Alice) |
| Filing 51 MOTION for Attorney(s) Brendan Michael Tyler to Appear pro hac vice (No fee paid with this filing), filed by Amicus NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS. (Attachments: #1 Text of Proposed Order) (CKM) |
| Filing 50 MOTION for Attorney(s) Rosie Dawn Griffin to Appear pro hac vice (No fee paid with this filing), filed by Amicus NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS. (Attachments: #1 Text of Proposed Order) (CKM) |
| Filing 49 MOTION for Attorney(s) Matthew Freedus to Appear pro hac vice (No fee paid with this filing), filed by Amicus NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS. (Attachments: #1 Text of Proposed Order)(CKM) |
| Filing 48 REPLY in Support of Motion re #18 MOTION for Preliminary Injunction , filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Exhibit A - Arthrex General Order)(Pierson, Andrea) |
| Filing 47 Corporate Disclosure Statement by National Association of Community Health Centers. (Cordell, Kathryn) |
| Filing 46 MOTION for Leave to File Amicus Brief, filed by Amicus National Association of Community Health Centers. (Attachments: #1 Amicus Brief)(Cordell, Kathryn) |
| Filing 45 Amicus Curiae APPEARANCE entered by Kathryn Elias Cordell on behalf of National Association of Community Health Centers. (Cordell, Kathryn) |
| Filing 44 Corporate Disclosure Statement by LITTLE RIVERS HEALTH CARE INC, RYAN WHITE CLINICS FOR 340B ACCESS, WOMENCARE INC. (Connelly, Ronald) |
| Filing 43 MOTION for Leave to File Amicus Brief, filed by Amicus Parties LITTLE RIVERS HEALTH CARE INC, RYAN WHITE CLINICS FOR 340B ACCESS, WOMENCARE INC. (Attachments: #1 Text of Proposed Order, #2 Amicus Brief, #3 Index of Exhibits, #4 Exhibit A. Auclair Decl., #5 Exhibit B. Glover Decl., #6 Exhibit C. Dickerson Decl.)(Connelly, Ronald) Modified on 2/23/2021 (CKM). |
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Filing 42
ORDER - granting #33 Motion for Remote Participation; Defendants' counsel may participate via VIDEO CONFERENCING. The Court will contact counsel by separate email with the information to be used to participate in this hearing. Signed by Judge Sarah Evans Barker on 2/22/2021. (CKM)
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Filing 41
ORDER granting #34 Motion to Appear pro hac vice. Attorney Ronald S. Connelly for LITTLE RIVERS HEALTH CARE INC, RYAN WHITE CLINICS FOR 340B ACCESS and WOMENCARE INC added. If not already registered with the Court's Electronic Filing System, Ronald S. Connelly is ordered to register within ten (10) days of the entry of this order. While this order authorizes Mr. Connely to appear, it does not authorize Ryan White Clinics For 340B Access, Little Rivers Health Care, Inc., and/or WomenCare, Inc., dba FamilyCare Health Center to file any briefs or otherwise to participate as amicus curiae in this matter. Those entities must separately request and obtain leave of the Court to actually participate as amicus curiae in this matter. Copy to Ronald S. Connelly via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 2/19/2021. (SWM)
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| Filing 40 BRIEF/MEMORANDUM in Support re #39 MOTION to Intervene , filed by Intervenor Parties 340B Health, America's Essential Hospitals, The American Hospital Association, The American Society of Health-System Pharmacist, The Association of American Medical Colleges, The Children's Hospital Association. (Morical, Alice) |
| Filing 39 MOTION to Intervene , filed by Intervenor Parties 340B Health, America's Essential Hospitals, The American Hospital Association, The American Society of Health-System Pharmacist, The Association of American Medical Colleges, The Children's Hospital Association. (Attachments: #1 Exhibit A - Declaration of Maureen Testoni, #2 Exhibit B - Intervenors Proposed Answer, #3 Text of Proposed Order Proposed Order)(Morical, Alice) |
| Filing 38 NOTICE of Appearance by Christopher D. Wagner on behalf of Intervenor Parties 340B Health, America's Essential Hospitals, The American Hospital Association, The American Society of Health-System Pharmacist, The Association of American Medical Colleges, The Children's Hospital Association. (Wagner, Christopher) |
| Filing 37 NOTICE of Appearance by Alice McKenzie Morical on behalf of Intervenor Parties The American Hospital Association, 340B Health, America's Essential Hospitals, The Association of American Medical Colleges, The Children's Hospital Association, The American Society of Health-System Pharmacist. (Morical, Alice) |
| Filing 36 RECEIPT #IP072672 for Pro Hac Vice filing fee in the amount of $100.00, paid by Ronald Connelly. (REO) |
| Filing 35 Submission of Proposed Order Granting Leave to Participate Remotely, re #33 Unopposed MOTION to Appear for Oral Argument Remotely, filed by Defendants ALEX M. AZAR, II, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Talmor, Kate) |
| Filing 34 MOTION for Attorney(s) Ronald S. Connelly to Appear pro hac vice (No fee paid with this filing). (Attachments: #1 Text of Proposed Order)(NAD) |
| Filing 33 Unopposed MOTION to Appear for Oral Argument Remotely, filed by Defendants ALEX M. AZAR, II, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Talmor, Kate) |
| Filing 32 RESPONSE in Opposition re #18 MOTION for Preliminary Injunction , filed by Defendants ALEX M. AZAR, II, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Talmor, Kate) |
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Filing 31
ORDER granting Defendant's #30 Motion for Leave to File Excess Pages. In consideration of Defendants' consent request for a modest enlargement of pages for the remaining briefs related to Plaintiffs' pending motion for preliminary injunction, good cause having been shown, the Court hereby GRANTS the request and orders: * Defendants' response shall not exceed 40 pages * Plaintiffs' reply shall not exceed 25 pages. Signed by Judge Sarah Evans Barker on 2/16/2021. (MAC)
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| Filing 30 Consent MOTION for Leave to File Excess Pages , filed by Defendants ALEX M. AZAR, II, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: #1 Text of Proposed Order Granting Additional Pages)(Talmor, Kate) |
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Filing 29
SCHEDULING ORDER - This cause is set for oral argument on Plaintiff's Motion for Preliminary Injunction [Dkt. 18] on February 26, 2021 at 10:15 a.m. in Room 216 of the United States Courthouse in Indianapolis, Indiana. The hearing will be in person (with masks and distancing protocols fully enforced in the courtroom.) Signed by Judge Sarah Evans Barker on 2/5/2021. (NAD)
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| Filing 28 NOTICE of Appearance by Kate Talmor on behalf of Defendants ALEX M. AZAR, II, ROBERT P. CHARROW, NORRIS COCHRAN, THOMAS J. ENGELS, DIANA ESPINOZA, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Talmor, Kate) |
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Filing 27
MINUTE ORDER for proceedings held before Magistrate Judge Mark J. Dinsmore: Telephonic Pretrial Conference held on 2/4/2021 to discuss briefing on #18 Plaintiffs' Motion for Preliminary Injunction. With parties' agreement, Defendants' Response to #18 Motion due by 2/16/2021 & Plaintiffs' Reply in support of #18 Motion due by 2/23/2021. Parties requested oral argument on #18 Motion, which parties anticipate should not take more than one hour total. Signed by Magistrate Judge Mark J. Dinsmore. (GD)
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| Filing 26 RETURN of Service, filed by ELI LILLY AND COMPANY, LILLY USA, LLC. ALEX M. AZAR, II served on 1/25/2021; ROBERT P. CHARROW served on 1/25/2021; NORRIS COCHRAN served on 1/28/2021; DIANA ESPINOZA served on 1/28/2021; HEALTH RESOURCES AND SERVICES ADMINISTRATION served on 1/22/2021; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 1/25/2021. (Attachments: #1 Index of Exhibits, #2 Exhibit A - Proof of Mailing, #3 Exhibit B - Ben Kuzola Declaration, #4 Exhibit C - Pierre Hall Declaration re Cochran, #5 Exhibit D - Pierre Hall Dec. re Espinoza, #6 Exhibit E - Ben Kuzola Declaration re S.D. Ind. District Attorney, #7 Exhibit F - Proof of mail re DOJ, #8 Exhibit G - Proof of Delivery)(Alford, Nicholas) |
| Filing 25 DECLARATION of Andrea Pierson Regarding Proof of Service by ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Exhibit A - Email Serving Scheduling Order, #2 Exhibit B - Email Acknowledging Receipt of Scheduling Order)(Pierson, Andrea) |
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Filing 24
SCHEDULING ORDER: This matter is set for a Telephonic Pretrial Conference on 2/4/2021 at 10:00 AM (Eastern Time) to discuss a schedule regarding #18 Plaintiff's Motion for Preliminary Injunction. The parties shall attend the conference by calling 877-873-8017, Access Code 7786882, Security Code 210081. Counsel for Plaintiffs are hereby ordered to provide a copy of this order to counsel for Defendants and to file proof of such service by no later than February 2, 2021. SO ORDERED. Signed by Magistrate Judge Mark J. Dinsmore on 1/29/2021. (GD)
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| Filing 22 Summons Issued as to NORRIS COCHRAN, DIANA ESPINOZA. (CKM) |
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Filing 23
ORDER granting #16 Motion to Appear pro hac vice. Attorney Matthew S. Owen for ELI LILLY AND COMPANY and LILLY USA, LLC added. If not already registered with the Court's Electronic Filing System, Matthew S. Owen is ordered to register within ten (10) days of the entry of this order. Copy to Matthew S. Owen via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/27/2021. (SWM)
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| Filing 21 Proposed Summons submitted for issuance by the clerk as to DIANA ESPINOZA. (Pierson, Andrea) |
| Filing 20 Proposed Summons submitted for issuance by the clerk as to NORRIS COCHRAN. (Pierson, Andrea) |
| Filing 19 BRIEF/MEMORANDUM in Support re #18 MOTION for Preliminary Injunction , filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Index of Exhibits, #2 Exhibit A - 81 Fed. Reg. 53,381, NPRM, #3 Exhibit B - OMB RIN 0906-AA90, #4 Exhibit C - 85 Fed. Reg. 80,632, ADR Rule, #5 Exhibit D - ADR Petition and PI Motion, #6 Exhibit E - HRSA 340B (ADR) (posted Jan. 12, 2021), #7 Exhibit F - 2020.09.01 Statement of CEO of 340B Health, #8 Exhibit G - Derek L. Asay Declaration)(Pierson, Andrea) |
| Filing 18 MOTION for Preliminary Injunction , filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Pierson, Andrea) |
| Filing 17 AMENDED COMPLAINT against ROBERT P. CHARROW, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, NORRIS COCHRAN, DIANA ESPINOZA, filed by ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Amended Complaint - Index of Exhibits, #2 Exhibit A - 10.15.2020 HHS 340B Letter Signed, #3 Exhibit B - 2020-05-18 Lilly Letter to HRSA 340B Contract Pharmacy Cialis, #4 Exhibit C - 2020-06-11 Response to Derek L Asay - Eli Lilly USA, #5 Exhibit D - 2020-06-26 HRSA Email re Lilly Manufacturer Notice, #6 Exhibit E - 2020-07-17 Lilly Letter to HHS July 17 2020, #7 Exhibit F - 2020-08-19 Lilly Letter to HRSA 340B Contract Pharmacy Portfolio, #8 Exhibit G - Limited Distribution Plan Notice for Lilly Products Sept 2020, #9 Exhibit H - 2020-08-26 Response to Derek Asay - Eli Lilly, #10 Exhibit I - 2020-08-27 Lilly Response to RADM Pedley, #11 Exhibit J - 2020-09-08 Lilly Letter to HHS, #12 Exhibit K - 2020-09-21 HHS Letter regarding 340B Program, #13 Exhibit L - 2020-12-09 HRSA_Response_Letter_-_12-09-2020, #14 Exhibit M - 2021-01-06 Lilly Letter re Advisory Opinion-c)(Pierson, Andrea) |
| Filing 16 MOTION for Attorney(s) Matthew S. Owen to Appear pro hac vice (Filing fee $100, receipt number 0756-6379403), filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order)(Pierson, Andrea) |
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Filing 15
ORDER granting #11 Motion to Appear pro hac vice. Attorney John C. O'Quinn for ELI LILLY AND COMPANY and LILLY USA, LLC added. If not already registered with the Court's Electronic Filing System, John C. O'Quinn is ordered to register within ten (10) days of the entry of this order. Copy to John C. O'Quinn via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/20/2021. (SWM)
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Filing 14
ORDER granting #10 Motion to Appear pro hac vice. Attorney Matthew D. Rowen for ELI LILLY AND COMPANY AND for LILLY USA, LLC added. If not already registered with the Court's Electronic Filing System, Matthew D. Rowen is ordered to register within ten (10) days of the entry of this order. Copy to Matthew D. Rowen via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/20/2021. (SWM)
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Filing 13
ORDER granting #9 Motion to Appear pro hac vice. Attorney Diana M. Watral for ELI LILLY AND COMPANY and LILLY USA, LLC added. Signed by Magistrate Judge Mark J. Dinsmore on 1/20/2021. (SWM)
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Filing 12
ORDER granting #8 Motion to Appear pro hac vice. Attorney Andrew A. Kassof for ELI LILLY AND COMPANY and LILLY USA, LLC added. Within ten (10) days of the entry of this order, Andrew A. Kassof is ordered to update his contact information on file with the Court by filing a Notice of Change of Attorney Information. Copy to Andrew A. Kassof via US Mail. Signed by Magistrate Judge Mark J. Dinsmore on 1/20/2021. (SWM)
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| Filing 11 MOTION for Attorney(s) John C. O'Quinn to Appear pro hac vice (Filing fee $100, receipt number 0756-6371836), filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order)(Pierson, Andrea) |
| Filing 10 MOTION for Attorney(s) Matthew D. Rowen to Appear pro hac vice (Filing fee $100, receipt number 0756-6371826), filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order)(Pierson, Andrea) |
| Filing 9 MOTION for Attorney(s) Diana M. Watral to Appear pro hac vice (Filing fee $100, receipt number 0756-6371810), filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order)(Pierson, Andrea) |
| Filing 8 MOTION for Attorney(s) Andrew A. Kassof to Appear pro hac vice (Filing fee $100, receipt number 0756-6371782), filed by Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Attachments: #1 Exhibit A - Certification, #2 Text of Proposed Order)(Pierson, Andrea) |
| Filing 7 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 6 Summons Issued as to ALEX M. AZAR, II, ROBERT P. CHARROW, THOMAS J. ENGELS, HEALTH RESOURCES AND SERVICES ADMINISTRATION, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (AKH) |
| Filing 5 NOTICE of Appearance by Nicholas Blake Alford on behalf of Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Alford, Nicholas) |
| Filing 4 NOTICE of Appearance by Brian J. Paul on behalf of Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Paul, Brian) |
| Filing 3 Corporate Disclosure Statement by ELI LILLY AND COMPANY, LILLY USA, LLC. (Pierson, Andrea) |
| Filing 2 NOTICE of Appearance by Andrea Roberts Pierson on behalf of Plaintiffs ELI LILLY AND COMPANY, LILLY USA, LLC. (Pierson, Andrea) |
| Filing 1 COMPLAINT against All Defendants, filed by All Plaintiffs. (Filing fee $402, receipt number 0756-6362942) (Attachments: #1 Index of Exhibits, #2 Exhibit A - 10.15.2020 HHS 340B Letter Signed, #3 Exhibit B - 2020-05-18 Lilly Letter to HRSA 340B Contract Pharmacy Cialis, #4 Exhibit C - 2020-06-11 Response to Derek L Asay - Eli Lilly USA, #5 Exhibit D - 2020-06-26 HRSA Email re Lilly Manufacturer Notice, #6 Exhibit E - 2020-07-17 Lilly Letter to HHS July 17 2020, #7 Exhibit F - 2020-08-19 Lilly Letter to HRSA 340B Contract Pharmacy Portfolio 08.19.20, #8 Exhibit G - Limited Distribution Plan Notice for Lilly Products Sept 2020, #9 Exhibit H - 2020-08-26 Response to Derek Asay - Eli Lilly, #10 Exhibit I - 2020-08-27 Lilly Response to RADM Pedley, #11 Exhibit J - 2020-09-08 Lilly Letter to HHS, #12 Exhibit K - 2020-09-21 HHS Letter regarding 340B Program, #13 Exhibit L - 2020-12-09 HRSA_Response_Letter_-_12-09-2020, #14 Exhibit M - 2021-01-06 Lilly Letter re Advisory Opinion-c, #15 Civil Cover Sheet, #16 Attachment to Civil Cover Sheet, #17 Proposed Summons Multi-Defendants)(Pierson, Andrea) |
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