In re Solodyn (Minocycline Hydrochloride) Antitrust Litigation
Plaintiff: Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund, Fraternal Order of Police, Fort Lauderdale Lodge 31, Direct Purchaser Plaintiffs, Albertson's LLC, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Man-U Service Contract Trust Fund, HEB GROCERY CO. LP, Painters District Council No. 30 Health and Welfare Fund, CVS Pharmacy, Inc., Local 274 Health & Welfare Fund, Heather Morgan, Safeway, Inc., Rochester Drug Co-Operative, Inc., Ahold U.S.A., Inc., The Kroger Co., City of Providence, Rhode Island, International Union of Operating Engineers Local 132 Health and Welfare Fund, Rite Aid Corporation, NECA-IBEW WELFARE TRUST FUND, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Rite Aid Hdqtrs. Corp., Walgreen Co. and Allied Services Division Welfare Fund
Defendant: Barr Laboratories, Inc., Matrix Laboratories Ltd., Ranbaxy Laboratories, LTD, Teva Pharmaceuticals USA Inc, Ranbaxy Inc., Impax Laboratories, Inc., Medicis Pharmaceutical Corp., Mylan Inc., Ranbaxy Pharmaceuticals, Inc., Defendants, Lupin Pharmaceuticals, Inc., Valeant Pharmaceuticals International, Inc., Sandoz Inc. and Lupin Limited
Not Classified By Court: National Medical Health Card Systems, Inc., California Physicians' Service d/b/a Blue Shield of California, United HealthCare Services, Inc. and OptumRx, Inc.
In Re: Solodyn (Minocycline Hydrochloride) Antitrust Litigation
Consolidated Plaintiff: Consolidated Plaintiffs
Case Number: 1:2014md02503
Filed: February 25, 2014
Court: US District Court for the District of Massachusetts
Office: Boston Office
County: Suffolk
Presiding Judge: Jennifer C Boal
Referring Judge: Denise J Casper
Nature of Suit: Anti-Trust
Cause of Action: 15:1
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 23, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2019 Filing 1189 DECLARATION re #1188 MOTION for Disbursement of Funds (redacted) by Direct Purchaser Plaintiffs. (Coslett, Caitlin)
September 23, 2019 Filing 1188 MOTION for Disbursement of Funds by Direct Purchaser Plaintiffs. (Attachments: #1 Text of Proposed Order)(Coslett, Caitlin)
September 19, 2019 Filing 1187 DECLARATION re #1186 MOTION for Disbursement of Funds by Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Shadowen, Steve)
September 19, 2019 Filing 1186 MOTION for Disbursement of Funds by Allied Services Division Welfare Fund, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Text of Proposed Order)(Shadowen, Steve)
May 15, 2019 Filing 1185 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
May 15, 2019 Filing 1184 EXCERPT Transcript of Jury Trial Day Two (Testimony of Roger Williams) held on March 15, 2018, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 6/5/2019. Redacted Transcript Deadline set for 6/17/2019. Release of Transcript Restriction set for 8/13/2019. (Scalfani, Deborah)
October 1, 2018 Filing 1183 NOTICE of Change of Address or Firm Name by Daniel C. Girard (Girard, Daniel)
August 2, 2018 Filing 1182 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
August 2, 2018 Filing 1181 Transcript of Fairness Hearing held on July 18, 2018, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 8/23/2018. Redacted Transcript Deadline set for 9/4/2018. Release of Transcript Restriction set for 10/31/2018. (Scalfani, Deborah)
July 18, 2018 Filing 1180 Judge Denise J. Casper: Order Awarding Attorneys' Fees and Approving Service Awards to the Class Representatives.Associated Cases: 1:14-md-02503-DJC et al.(Hourihan, Lisa)
July 18, 2018 Filing 1179 Judge Denise J. Casper: Order Granting Final Approval of Plaintiffs' Proposed Plan of Allocation(Hourihan, Lisa)
July 18, 2018 Filing 1178 Judge Denise J. Casper: Order Granting Class Counsel's Motion for Reimbursement and Payment of Expenses and Disbursement of Fund Balances to the Class.Associated Cases: 1:14-md-02503-DJC et al.(Hourihan, Lisa)
July 18, 2018 Filing 1177 Judge Denise J. Casper: Order and Final Judgment Finding Notice to Satisfy Due Process, Granting Final Approval of Medicis and Impax Settlements, and Ordering Dismissal with Prejudice.Associated Cases: 1:14-md-02503-DJC et al.(Hourihan, Lisa)
July 18, 2018 Filing 1176 Judge Denise J. Casper: Order Awarding Attorneys' Fees, Expenses and Approving Service Awards to the Class Representatives.Associated Cases: 1:14-md-02503-DJC et al.(Hourihan, Lisa)
July 18, 2018 Filing 1175 Judge Denise J. Casper: Order Approving End-Payor Class Plaintiffs' Settlements with Medicis Pharmaceutical Corp. and Impax Laboratories, Inc.; Entering Final Judgment; and Dismissing End-Payor Class's Claims Against Medicis Pharmaceutical Corp. and Impax Laboratories, Inc.Associated Cases: 1:14-md-02503-DJC et al.(Hourihan, Lisa)
July 18, 2018 Filing 1174 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #1164 End-Payor Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlements with Medicis Pharmaceutical Corp. and Impax Laboratories, Inc. by Consolidated Plaintiffs (Hourihan, Lisa)
July 18, 2018 Filing 1173 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #1161 Direct Purchaser Plaintiffs' Motion for Entry of Orders regarding Reimbursing and Paying Expenses, Approving Service Awards, Attorneys' Fees, and Plan of Allocation, Finding Notice to Satisfy Due Process, and Granting Final Approval of Settlements by Direct Purchaser Plaintiffs (Hourihan, Lisa)
July 18, 2018 Filing 1172 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #1156 Motion for Attorney Fees End-Payor Plaintiffs' Motion for an Award of Attorneys Fees, Reimbursement of Expenses and Grant of Service Award Payments to the Class Representatives by Consolidated Plaintiffs (Hourihan, Lisa)
July 18, 2018 Filing 1171 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #1153 Motion for Reimbursement and Payment of Expenses and Disbursement of Fund Balances to the Class by Direct Purchaser Plaintiffs (Hourihan, Lisa)
July 18, 2018 Filing 1170 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #1150 Motion for Attorney Fees and Approval of Service Awards to the Class Representatives by Direct Purchaser Plaintiffs (Hourihan, Lisa)
July 18, 2018 Filing 1169 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Fairness Hearing held on 7/18/2018. Court hears from counsel. No one appears to object. Court approves settlement and fees. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Steve Shadowen, Michael Buchman, Erin Durba, Neil Orenstein, Sean Tepe and Lisa Jose Fales.) Associated Cases: 1:14-md-02503-DJC et al.(Hourihan, Lisa)
June 19, 2018 Filing 1168 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #1167 Motion to Withdraw as Attorney. Attorney KENNETH R. O'ROURKE; Anna Fabish and Stephen J. McIntyre terminated (Hourihan, Lisa)
June 18, 2018 Filing 1167 MOTION to Withdraw as Attorney / Assented to Motion for Leave to Withdraw Appearance of Kenneth R. O'Rourke, Anna M. Fabish, and Stephen J. McIntyre by Impax Laboratories, Inc..(O'ROURKE, KENNETH)
June 18, 2018 Filing 1166 DECLARATION re #1164 MOTION for Settlement End-Payor Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlements with Medicis Pharmaceutical Corp. and Impax Laboratories, Inc. by Consolidated Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Buchman, Michael)
June 18, 2018 Filing 1165 MEMORANDUM in Support re #1164 MOTION for Settlement End-Payor Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlements with Medicis Pharmaceutical Corp. and Impax Laboratories, Inc. filed by Consolidated Plaintiffs. (Buchman, Michael)
June 18, 2018 Filing 1164 MOTION for Settlement End-Payor Plaintiffs' Unopposed Motion for Final Approval of Class Action Settlements with Medicis Pharmaceutical Corp. and Impax Laboratories, Inc. by Consolidated Plaintiffs.(Buchman, Michael)
June 11, 2018 Filing 1163 DECLARATION re #1161 MOTION for Settlement Direct Purchaser Plaintiffs' Motion for Entry of Orders regarding Reimbursing and Paying Expenses, Approving Service Awards, Attorneys' Fees, and Plan of Allocation, Finding Notice to Satisfy Due Process, and Grantin g Final Approval of Settlements by Direct Purchaser Plaintiffs. (Attachments: #1 Exhibit A - [Proposed] Order Granting Motion for Reimbursement and Payment of Expenses to the Class, #2 Exhibit B - [Proposed] Order Awarding Attorneys' Fees and Approving Service Awards, #3 Exhibit C - Declaration of Steven J. Giannotti regarding the Notice Program, #4 Exhibit D - Direct Purchaser Plaintiffs' Allocation Plan, #5 Exhibit E - Declaration of Jeffrey J. Leitzinger Related to the Allocation Plan and Net Settlement Fund Allocation)(Barnes, Lauren)
June 11, 2018 Filing 1162 MEMORANDUM in Support re #1161 MOTION for Settlement Direct Purchaser Plaintiffs' Motion for Entry of Orders regarding Reimbursing and Paying Expenses, Approving Service Awards, Attorneys' Fees, and Plan of Allocation, Finding Notice to Satisfy Due Process, and Grantin g Final Approval of Settlements filed by Direct Purchaser Plaintiffs. (Barnes, Lauren)
June 11, 2018 Filing 1161 MOTION for Settlement Direct Purchaser Plaintiffs' Motion for Entry of Orders regarding Reimbursing and Paying Expenses, Approving Service Awards, Attorneys' Fees, and Plan of Allocation, Finding Notice to Satisfy Due Process, and Granting Final Approval of Settlements by Direct Purchaser Plaintiffs. (Attachments: #1 Attachment 1 - [Proposed] Order Granting Motion for Final Approval, #2 Attachment 2 - [Proposed] Order Approving Plan of Allocation)(Barnes, Lauren)
June 1, 2018 Filing 1160 EXHIBIT re #1156 MOTION for Attorney Fees End-Payor Plaintiffs' Motion for an Award of Attorneys Fees, Reimbursement of Expenses and Grant of Service Award Payments to the Class Representatives (Proposed Order) by Consolidated Plaintiffs. (Buchman, Michael)
June 1, 2018 Filing 1159 DECLARATION re #1156 MOTION for Attorney Fees End-Payor Plaintiffs' Motion for an Award of Attorneys Fees, Reimbursement of Expenses and Grant of Service Award Payments to the Class Representatives (Declaration of Michael M. Buchman) by Consolidated Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Buchman, Michael)
June 1, 2018 Filing 1158 DECLARATION re #1156 MOTION for Attorney Fees End-Payor Plaintiffs' Motion for an Award of Attorneys Fees, Reimbursement of Expenses and Grant of Service Award Payments to the Class Representatives (Joint Declaration of Michael M. Buchman and Steve D. Shadowen) by Consolidated Plaintiffs. (Attachments: #1 Exhibit A)(Buchman, Michael)
June 1, 2018 Filing 1157 MEMORANDUM in Support re #1156 MOTION for Attorney Fees End-Payor Plaintiffs' Motion for an Award of Attorneys Fees, Reimbursement of Expenses and Grant of Service Award Payments to the Class Representatives filed by Consolidated Plaintiffs. (Buchman, Michael)
June 1, 2018 Filing 1156 MOTION for Attorney Fees End-Payor Plaintiffs' Motion for an Award of Attorneys Fees, Reimbursement of Expenses and Grant of Service Award Payments to the Class Representatives by Consolidated Plaintiffs.(Buchman, Michael)
May 14, 2018 Filing 1155 DECLARATION re #1153 MOTION for Reimbursement and Payment of Expenses and Disbursement of Fund Balances to the Class , #1154 Memorandum in Support of Motion by Direct Purchaser Plaintiffs. (Barnes, Lauren)
May 14, 2018 Filing 1154 MEMORANDUM in Support re #1153 MOTION for Reimbursement and Payment of Expenses and Disbursement of Fund Balances to the Class filed by Direct Purchaser Plaintiffs. (Barnes, Lauren)
May 14, 2018 Filing 1153 MOTION for Reimbursement and Payment of Expenses and Disbursement of Fund Balances to the Class by Direct Purchaser Plaintiffs. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren)
May 14, 2018 Filing 1152 DECLARATION re #1150 MOTION for Attorney Fees and Approval of Service Awards to the Class Representatives, #1151 Memorandum in Support of Motion by Direct Purchaser Plaintiffs. (Barnes, Lauren)
May 14, 2018 Filing 1151 MEMORANDUM in Support re #1150 MOTION for Attorney Fees and Approval of Service Awards to the Class Representatives filed by Direct Purchaser Plaintiffs. (Barnes, Lauren)
May 14, 2018 Filing 1150 MOTION for Attorney Fees and Approval of Service Awards to the Class Representatives by Direct Purchaser Plaintiffs. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren)
May 9, 2018 Filing 1149 Judge Denise J. Casper: ORDER entered granting #1148 Motion to Consolidate Deadline. Plaintiffs shall have until 45 days before the Final Fairness Hearing, currently set for July 18, 2018 to file any brief or motion for costs and attorneys' fees. (McKillop, Matthew)
May 8, 2018 Filing 1148 MOTION Consolidate Deadline Unopposed Motion to Consolidate Deadline for Filing Fee Application by United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Text of Proposed Order)(Nation, Donald)
May 3, 2018 Filing 1147 Judge Denise J. Casper: ORDER entered. re (1130 in 1:14-md-02503-DJC) Stipulation of Dismissal, filed by The Kroger Co., Walgreen Co., HEB GROCERY CO. LP, Safeway, Inc., Albertson's LLC, Rite Aid Hdqtrs. Corp., CVS Pharmacy, Inc., Rite Aid Corporation Associated Cases: 1:14-md-02503-DJC, 1:15-cv-11544-DJC, 1:15-cv-11761-DJC, 1:16-cv-10238-DJC(McKillop, Matthew)
April 5, 2018 Filing 1146 ELECTRONIC NOTICE of Hearing as to End-Payor Class and Impax Laboratories, Inc.Fairness Hearing set for 7/18/2018 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
April 5, 2018 Filing 1145 Judge Denise J. Casper: Order Preliminarily Approving End-Payor Class Plaintiffs' Settlements with Impax Laboratories, Inc.(Hourihan, Lisa)
April 5, 2018 Filing 1144 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #1141 Motion for Settlement End-Payor Plaintiffs' Motion for Preliminary Approval of Settlement with Impax Laboratories, Inc. by Consolidated Plaintiffs (Hourihan, Lisa)
April 4, 2018 Filing 1143 DECLARATION re #1141 MOTION for Settlement End-Payor Plaintiffs' Motion for Preliminary Approval of Settlement with Impax Laboratories, Inc. by Consolidated Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Buchman, Michael)
April 4, 2018 Filing 1142 MEMORANDUM in Support re #1141 MOTION for Settlement End-Payor Plaintiffs' Motion for Preliminary Approval of Settlement with Impax Laboratories, Inc. filed by Consolidated Plaintiffs. (Buchman, Michael)
April 4, 2018 Filing 1141 MOTION for Settlement End-Payor Plaintiffs' Motion for Preliminary Approval of Settlement with Impax Laboratories, Inc. by Consolidated Plaintiffs.(Buchman, Michael)
March 29, 2018 Filing 1139 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Jury Trial Day 11 held on 3/29/2018. Counsel report case settled. Settlement agreement filed. Court discharges the jury. Exhibits returned to counsel. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Steve Shadowen, Michael Buchman, Erin Durba, Sean Nation, Rudy Gonzalez, J. Douglas Baldridge, Kristin Koger, Danielle Foley Lisa Jose Fales, David Levie and Vincent Verrocchio) (Hourihan, Lisa)
March 29, 2018 Filing 1137 SETTLEMENT AGREEMENT by Consolidated Plaintiffs. (Buchman, Michael)
March 28, 2018 Filing 1138 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Jury Trial Day 10 held on 3/28/2018. Hearing out of the presence of the jury. Plaintiffs' evidence continues with the examination of Thomas McGuire; cross-examination; re-direct; re-cross. Plaintiffs rest. Defendant moves for judgment as a matter of law. Court reserves ruling. Defendant's evidence begins with the examination of Guy Webster; cross-examination; re-direct; re-cross. Justin Smith by video. Examination of Sumanth Addauki. Court adjourned until 3/29/18 at 8:45AM. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Steve Shadowen, Michael Buchman, Erin Durba, Sean Nation, Rudy Gonzalez, J. Douglas Baldridge, Kristin Koger, Danielle Foley Lisa Jose Fales, David Levie and Vincent Verrocchio) (Hourihan, Lisa)
March 28, 2018 Filing 1136 MEMORANDUM in Support re #1135 MOTION for Judgment as a Matter of Law Pursuant to Rule 50 filed by Impax Laboratories, Inc.. (Baldridge, James)
March 28, 2018 Filing 1135 MOTION for Judgment as a Matter of Law Pursuant to Rule 50 by Impax Laboratories, Inc..(Baldridge, James)
March 27, 2018 Filing 1134 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Jury Trial Day 9 held on 3/27/2018. Hearing out of the presence of the jury. Plaintiffs' evidence continues with the cross-examination of John Tupman; re-direct; re-cross. John Splain by video. James Mastakas by video. David Mitchell by video. Examination of Keith Leffler; cross-examination; re-direct. Examination of Thomas McGuire. Court adjourned until 3/28/18 at 8:45AM. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Steve Shadowen, Michael Buchman, Erin Durba, Sean Nation, Rudy Gonzalez, J. Douglas Baldridge, Kristin Koger, Danielle Foley Lisa Jose Fales, David Levie and Vincent Verrocchio) (Hourihan, Lisa)
March 27, 2018 Filing 1133 MEMORANDUM in Support re #1132 MOTION in Limine to Exclude the Prior Testimony of Steve Newhard and Joseph Cooper filed by Consolidated Plaintiffs. (Buchman, Michael)
March 27, 2018 Filing 1132 MOTION in Limine to Exclude the Prior Testimony of Steve Newhard and Joseph Cooper by Consolidated Plaintiffs.(Buchman, Michael)
March 26, 2018 Filing 1131 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Jury Trial Day 8 held on 3/26/2018. Hearing out of the presence of the jury. Plaintiffs' evidence continues with the video of David Berman. Examination of Christopher Baum; cross-examination; re-direct; re-cross. Examination of Richard Frank; cross-examination; re-direct; re-cross. Trevor Bond by video. Examination of John Tupman; cross-examination. Court adjourned until 3/27/18 at 8:45AM. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Steve Shadowen, Michael Buchman, Erin Durba, Sean Nation, Rudy Gonzalez, J. Douglas Baldridge, Kristin Koger, Danielle Foley Lisa Jose Fales, David Levie and Vincent Verrocchio) (Hourihan, Lisa)
March 26, 2018 Filing 1130 STIPULATION of Dismissal and [proposed] Order of Dismissal of Retailer Plaintiffs' Claims Against Medicis by Albertson's LLC, CVS Pharmacy, Inc., HEB GROCERY CO. LP, Rite Aid Corporation, Rite Aid Hdqtrs. Corp., Safeway, Inc., The Kroger Co., Walgreen Co.. (Refsin, Barry)
March 26, 2018 Filing 1128 Judge Denise J. Casper: ORDER entered re (1127 in 1:14-md-02503-DJC) Stipulation of Dismissal, filed by The Kroger Co., Walgreen Co., HEB GROCERY CO. LP, Safeway, Inc., Albertson's LLC, Rite Aid Hdqtrs. Corp., CVS Pharmacy, Inc., Rite Aid Corporation Associated Cases: 1:14-md-02503-DJC, 1:15-cv-11544-DJC, 1:15-cv-11761-DJC, 1:16-cv-10238-DJC(Hourihan, Lisa)
March 25, 2018 Filing 1127 STIPULATION of Dismissal and [proposed] Order of Dismissal of Retailer Plaintiffs' Claims Against Impax by Albertson's LLC, CVS Pharmacy, Inc., HEB GROCERY CO. LP, Rite Aid Corporation, Rite Aid Hdqtrs. Corp., Safeway, Inc., The Kroger Co., Walgreen Co.. (Refsin, Barry)
March 25, 2018 Filing 1126 REDACTION to #1056 Notice of Manual Filing, Plaintiffs Opposition to Impax's Submission of Categories of Objections to Exhibits for the Court to Consider (Redacted Version) byConsolidated Plaintiffs. (Nation, Donald)
March 24, 2018 Filing 1125 MEMORANDUM in Opposition re #1120 MOTION in Limine Motion to Preclude Improper Evidence or Argument Regarding Mr. Andrew Hirschberg filed by Consolidated Plaintiffs. (Shadowen, Steve)
March 22, 2018 Filing 1129 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Jury Trial Day 7 held on 3/22/2018. Plaintiffs' evidence continues with the video of Tom McCauley. Examination of Meredith Rosenthal; cross-examination; re-cross; re-direct. David Berman by video. Court adjourned until 3/26/18 at 8:45AM. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Richard Arnold, Barry Refsin, Steve Shadowen, Scott Perwin, Michael Buchman, Erin Durba, Eric Bloom, J. Douglas Baldridge, Kristin Koger, Danielle Foley Lisa Jose Fales and Vincent Verrocchio.) (Hourihan, Lisa)
March 21, 2018 Filing 1124 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Jury Trial Day 6 held on 3/21/2018. Hearing out of the presence of the jury. Plaintiffs' evidence continues with the video of Arthur Koch. Stipulations read to the jury. Examination of John Thomas; cross-examination; re-direct; re-cross. Tom McCauley by video. Court adjourned until 3/22/18 at 8:45 AM. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Richard Arnold, Barry Refsin, Steve Shadowen, Scott Perwin, Michael Buchman, Erin Durba, Eric Bloom, J. Douglas Baldridge, Kristin Koger, Danielle Foley Lisa Jose Fales and Vincent Verrocchio) (Hourihan, Lisa)
March 21, 2018 Filing 1123 NOTICE by Consolidated Plaintiffs of Filing Transcripts of Testimony Presented at Trial (Attachments: #1 Exhibit 1 through 7)(Perwin, Scott)
March 20, 2018 Filing 1122 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Jury Trial Day 5 held on 3/20/2018. Hearing out of the presence of the jury. Plaintiffs' evidence continues with the video of Jonah Shacknai. Examination of Margaret Wingate; cross-examination; re-direct; re-cross. Eugene Gans by deposition. Examination of Dr. Arthur Kibbe; cross-examination; re-direct. Examination of John Doll; cross-examination; re-direct. Arthur Koch by video. Court adjourned until 3/21/18 at 8:45AM. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Richard Arnold, Barry Refsin, Steve Shadowen, Scott Perwin, Michael Buchman, Erin Durba, Eric Bloom, J. Douglas Baldridge, Kristin Koger, Danielle Foley Lisa Jose Fales and Vincent Verrocchio) (Hourihan, Lisa)
March 20, 2018 Filing 1121 MEMORANDUM in Support re #1120 MOTION in Limine Motion to Preclude Improper Evidence or Argument Regarding Mr. Andrew Hirschberg filed by Impax Laboratories, Inc.. (Attachments: #1 Exhibit Transmittal Declaration of Kristin M. Koger with Exhibits)(Baldridge, James)
March 20, 2018 Filing 1120 MOTION in Limine Motion to Preclude Improper Evidence or Argument Regarding Mr. Andrew Hirschberg by Impax Laboratories, Inc..(Baldridge, James)
March 20, 2018 Filing 1119 EXHIBIT re #1035 Declaration Public Versions of Exhibits 6, 7 and 8 by Consolidated Plaintiffs. (Attachments: #1 Exhibit 7, #2 Exhibit 8)(Refsin, Barry)
March 20, 2018 Filing 1118 REDACTION Plaintiffs' Opposition to Impax's Motion to Strike the Supplemental Report of Thomas G. McGuire byConsolidated Plaintiffs. (Refsin, Barry)
March 20, 2018 Filing 1117 REDACTION Plaintiffs' Opposition to Impax's Motion in LImine to Exclude Evidence Regarding Various Topics byConsolidated Plaintiffs. (Refsin, Barry)
March 20, 2018 Filing 1116 REDACTION Plaintiff's Opposition to Impax's Motion in Limine to Preclude Argument or Evidence Based Upon the Invocation of the Attorney Client Privilege byConsolidated Plaintiffs. (Refsin, Barry)
March 20, 2018 Filing 1115 REDACTION Defendant Impax Laboratories, Inc.'s Opposition to Plaintiffs' Motion in Limine Nos. 17-20 byImpax Laboratories, Inc.. (Baldridge, James)
March 20, 2018 Filing 1114 REDACTION Defendant Impax Laboratories, Inc.'s Opposition to Plaintiffs' Motion in Limine Nos. 14-16 byImpax Laboratories, Inc.. (Baldridge, James)
March 19, 2018 Filing 1113 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Jury Trial Day 4 held on 3/19/2018. Hearing out of the presence of the jury. Plaintiffs' evidence continues with the video of Craig Olson. Exam of Meg Snowden; cross-examination; re-direct; re-cross. Video of Peter Valko. Video of Ted Smolenski. video of Todd Engle. Court adjourned until 30/20/18 at 8:45AM. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Richard Arnold, Barry Refsin, Steve Shadowen, Scott Perwin, Michael Buchman, Erin Durba, Eric Bloom, J. Douglas Baldridge, Kristin Koger, Danielle Foley Lisa Jose Fales and Vincent Verrocchio.) (Hourihan, Lisa)
March 19, 2018 Filing 1112 NOTICE Resetting a Hearing. Fairness Hearing as to DPP and EPP with Medicis and DPP with Impax reset for 7/18/2018 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
March 19, 2018 Filing 1111 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #1108 Motion ALLOWING SERVICE OF A COMBINED SETTLEMENT NOTICE by Direct Purchaser Plaintiffs. (Hourihan, Lisa)
March 16, 2018 Filing 1110 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Jury Trial Day 3 held on 3/16/2018. Hearing out of the presence of the jury. Plaintiffs' evidence continues with the re-direct of Dr. Larry Hsu; re-cross. Examination of Jason Hanson; cross-examination; re-direct. Court adjourned until 3/19/18 at 8:45AM. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Richard Arnold, Barry Refsin, Steve Shadowen, Scott Perwin, Michael Buchman, Erin Durba, Eric Bloom, J. Douglas Baldridge, Kristin Koger, Danielle Foley Lisa Jose Fales and Vincent Verrocchio.) (Hourihan, Lisa)
March 16, 2018 Filing 1109 REDACTION Impax's Submission of Categories of Objections to Exhibits byImpax Laboratories, Inc.. (Baldridge, James)
March 16, 2018 Filing 1108 Assented to MOTION ALLOWING SERVICE OF A COMBINED SETTLEMENT NOTICE by Direct Purchaser Plaintiffs. (Attachments: #1 Exhibit A)(Barnes, Lauren)
March 15, 2018 Filing 1107 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Jury Trial Day 2 held on 3/15/2018. Hearing out of the presence of the jury. Court grants #1105 Motion Curative Instruction to Address Impax's Improper Argument re Relative Size of the Parties by Consolidated Plaintiffs. Court confers with counsel re: disputed exhibits. Plaintiffs' evidence continued with the examination of Dr. Roger Williams; cross-examination; re-direct. Examination of Dr. Larry Hsu; cross-examination; re-direct. Court adjourned until 3/16/18 at 8:45AM. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Richard Arnold, Barry Refsin, Steve Shadowen, Scott Perwin, Michael Buchman, Erin Durba, Eric Bloom, J. Douglas Baldridge, Kristin Koger, Danielle Foley Lisa Jose Fales and Vincent Verrocchio.) (Hourihan, Lisa)
March 14, 2018 Filing 1106 Opposition re #1105 MOTION Curative Instruction to Address Impax's Improper Argument re Relative Size of the Parties filed by Impax Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Baldridge, James)
March 14, 2018 Filing 1105 MOTION Curative Instruction to Address Impax's Improper Argument re Relative Size of the Parties by Consolidated Plaintiffs. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Neill, Anna)
March 14, 2018 Filing 1104 Judge Denise J. Casper: ELECTRONIC ORDER entered. D. 1018 [MIL #17]: The Court ALLOWS IN PART and DENIES IN PART Plaintiffs' motion to exclude Impax's introduction of any patents except the '838 patent during trial. The Court understands Impax's intention to rely upon the portion of the LSA that provided for licenses to Impax for Medicis' "Patent Rights" (as defined under the LSA) as they related not just to the '838 patent (which was the basis of the settlement between the two), but other Medicis patents. But evidence about these patents, a number of which were not issued until several years after the November 2008 agreement (e.g., patents '483, '776 and '804), has only marginal relevance when the value or risk of their issuance to Impax at the time of the agreement was unclear. Moreover, considering Rule 403, the admission of these Wortzmann patents (except as to the '705 patent which has some relevance as to an additional issue) may well be confusing to the jury, in a complex case where such evidence is only marginally relevant. Conversely, the admission of evidence regarding the '705 patent falls on the right side of the Rule 403 balance since this patent is relevant to the Plaintiffs' at-risk launch theory. Specifically, even one of Plaintiffs' experts opined that Medicis would have, in the absence of the LSA, likely asserted the '705 patent against Impax as it did against other generic manufacturers in 2010. For all of these reasons, the Court ALLOWS Plaintiffs' motion to exclude evidence of the Wortzmann's patents at trial except the '705 patent, evidence of which Impax may still introduce.(Hourihan, Lisa)
March 13, 2018 Filing 1102 EXHIBIT re #1014 Declaration, Public Versions of Exhibits 1, 2, 3, 4, 5, 12, 13, 14 and 15 by Consolidated Plaintiffs. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibits 4 and 5, #4 Exhibit 12, #5 Exhibit 13, #6 Exhibit 14, #7 Exhibit 15)(Refsin, Barry)
March 13, 2018 Filing 1101 REDACTION to #1010 Notice of Manual Filing Redacted Memorandum of Law in Support of Motions in Limine 17-20 byConsolidated Plaintiffs. (Refsin, Barry)
March 13, 2018 Filing 1100 REDACTION Impax Laboratories Memorandum in Support of Motion in Limine to Exclude Evidence Regarding Various Topics byImpax Laboratories, Inc.. (Baldridge, James)
March 13, 2018 Filing 1099 REDACTION Memorandum of Law in Support of Impax's Motion to Strike the Supplemental Report of Thomas G. McGuire byImpax Laboratories, Inc.. (Baldridge, James)
March 12, 2018 Filing 1103 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Jury Trial Day 1 held on 3/12/2018. For reasons stated on the record, the Court denies #1074 Motion to Strike; denies #1083 Motion to Strike. Jury empaneled and sworn. Preliminary instructions given to the jury. Opening statements by the parties. Plaintiffs' evidence begins with the examination of Britt Turner; cross-examination; re-direct; re-cross. Court adjourned until 3/13/18 at 8:45AM.(Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Richard Arnold, Steve Shadowen, Michael Buchman, Lance Oliver, Barry Refsin, Anna Neill, J. Douglas Baldridge, Eric Bloom, Erin Durba, Lisa Flaes, Danielle Foley, Monica Rebuck, Scott Perwin, Katherine Wright.) (Hourihan, Lisa)
March 12, 2018 Filing 1097 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
March 12, 2018 Filing 1096 Transcript of Final Pretrial Conference Day Two held on March 7, 2018, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 4/2/2018. Redacted Transcript Deadline set for 4/12/2018. Release of Transcript Restriction set for 6/11/2018. (Scalfani, Deborah)
March 12, 2018 Filing 1095 Judge Denise J. Casper: ORDER entered granting #1092 Direct Purchaser Class Plaintiffs' Motion for Preliminary Approval of Settlement with Impax Laboratories, Inc., Approval of Form and Manner of Notice, and Setting Schedule for Final Approval Hearing. (Hourihan, Lisa)
March 10, 2018 Filing 1094 DECLARATION re #1092 MOTION FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT WITH IMPAX LABORATORIES, INC., APPROVAL OF THE FORM AND MANNER OF NOTICE, AND SETTING A SETTLEMENT SCHEDULE , #1093 Memorandum in Support of Motion, by Direct Purchaser Plaintiffs. (Attachments: #1 Exhibit, #2 Text of Proposed Order, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Barnes, Lauren)
March 10, 2018 Filing 1093 MEMORANDUM in Support re #1092 MOTION FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT WITH IMPAX LABORATORIES, INC., APPROVAL OF THE FORM AND MANNER OF NOTICE, AND SETTING A SETTLEMENT SCHEDULE filed by Direct Purchaser Plaintiffs. (Barnes, Lauren)
March 10, 2018 Filing 1092 MOTION FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT WITH IMPAX LABORATORIES, INC., APPROVAL OF THE FORM AND MANNER OF NOTICE, AND SETTING A SETTLEMENT SCHEDULE by Direct Purchaser Plaintiffs.(Barnes, Lauren)
March 10, 2018 Filing 1091 NOTICE OF MANUAL FILING by Direct Purchaser Plaintiffs Attachment A to the Settlement Agreement (Barnes, Lauren)
March 9, 2018 Filing 1090 MEMORANDUM in Opposition re #1074 MOTION to Strike Untimely Sur-Sur-Rebuttal Expert Reports, #1083 MOTION to Strike Untimely Expert Reports of Plaintiffs' Experts Schondelmeyer and Leitzinger filed by Consolidated Plaintiffs. (Attachments: #1 Exhibit)(Neill, Anna)
March 8, 2018 Filing 1089 Judge Denise J. Casper: ELECTRONIC ORDER entered. Court's Rulings on various motions in limine D. 1001 and MIL #19 in D. 1018: Impax's motion in limine to preclude reference to prior invocation of attorney-client privilege or to elicit invocation of same at trial and Plaintiffs' motion to bar Impax from relying upon an "advice of counsel" defense are DENIED as moot. Impax has reiterated its intention not to rely upon an "advice of counsel" defense at trial and Plaintiffs, in their opposition, D. 1045, and at the final pretrial conference ("FPTC"), have indicated that they do not intend to elicit any testimony or evidence reflecting or eliciting attorney-client privileged information. The Court notes, however, that it agrees with Plaintiffs that Impax may not use the privilege as a "sword and shield." If Plaintiffs believe that Impax has relied upon the privilege in testimony presented at trial, the Court will hear them then (outside of the presence of the jury) on whether Impax has opened the door sufficiently to allow Plaintiffs to inquire in this area. As the Court noted at the FPTC, however, reliance upon "business considerations" is not and shall not be sufficient basis to open the door to waiver of attorney-client privilege. D. 1004 and MIL #15 in D. 1013: Impax moves to preclude introduction of certain FTC reports and studies proffered by Plaintiffs, see, e.g., Exhs. AOX, AOZ, APB, BHC, BRM and DET, DZM. D. 1004. Plaintiffs move to exclude any introduction of evidence about FTC inaction against Impax. D. 1013 (MIL #15). Both motions argue that the position or opinions of the FTC are not relevant here and, even if they have any relevance as to the market for brand v. generic products, the introduction of such evidence would be unduly prejudicial against the respective movant. As to the FTC reports and studies, the Court appreciates that Plaintiffs have heavily redacted the reports in an attempt to counter Impax's Rule 403 objections. Having had an opportunity to review these redacted exhibits, however, the Court still believes that Impax's objection is well founded. These reports contain, for a few examples, opinions about the optimal way to foster competition, Exh. BRM, harm to consumer from characterization of "pay-for-delay" agreements, Exh. DET, effect of authorized generics on competition, Exh. BHC, all of which touch upon highly contested issues in this case. Unlike the competing expert testimony proffered on the material issues in this case, such reports do not address the precise elements that Plaintiffs must prove here and, if admitted as public records under Rule 803(8), would not be subject to the cross-examination that the experts will be. For all of these reasons, the Court ALLOWS D. 1004 and these reports (and other FTC reports like them to extent that Plaintiffs were still offering other FTC reports) are excluded under Fed. R. Evid. 403. To the extent, however, any expert relied upon such reports in forming his/her independent opinion, such reliance is still appropriate, but the documents/materials upon which an expert relied may only be displayed to the jury (and not admitted) through the protocol that the Court has already addressed with counsel. As the Court mentioned at the January 31 pretrial conference, D. 979, experts will not be permitted to present the materials upon which they relied during direct examination. D. 985 at 33. If the materials are discussed on cross-examination, they would be ripe for redirect examination. For similar reasons and also pursuant to Rule 403, but for the additional reason that the Court is concerned about the jury, the ultimate factfinder here, putting undue weight on the opinion of the FTC, the Court also ALLOWS MIL #15 (in D. 1013) and, accordingly, Impax is precluded from introducing evidence of any inaction or judgment regarding Impax arising out of an investigation of the allegations underlying this case. D. 1006: Impax's motion in limine as to "various topics" is resolved as follows:As to any evidence or argument regarding defense counsel's representation of Impax, other corporations or related topics regarding defense law firms, the Court DENIES the motion as moot given that Plaintiffs have agreed not to introduce same, D. 1046.As to argument or evidence as to the parties' labeling of certain exhibits as "Highly Confidential" or "Confidential," the motion is DENIED as moot since Plaintiffs do not intend to raise this issue or make any arguments about same at trial, D. 1046. This ruling, however, does not require redaction of any such labels from exhibits that have already been pre-marked.As to any evidence of "direct evidence" of market power, consistent with the Court's summary judgment ruling, this case will "proceed to the jury on the basis of Plaintiffs' circumstantial evidence of market power-requiring that Plaintiffs first define the market-and not on Plaintiffs' direct evidence theory." D. 948 at 29; see id. at 23. Such ruling stands and such ruling narrowed the theories (and accompanying evidence) that Plaintiffs may offer at trial, including certain factual evidence and expert testimony, regarding the direct evidence theory. To the extent that Plaintiffs point to footnote 17, D. 948 at 24 n.17, to argue that the Court suggested that they could still introduce their direct evidence theory at trial that is not the case and Impax's motion is ALLOWED to that extent. The motion is DENIED to the following extent. Plaintiffs may introduce evidence that bears upon the circumstantial showing of market power. For one example, Plaintiffs may introduce "evidence of high margins" through Dr. Rosenthal, one of Plaintiffs' expert at trial, if it bears upon the circumstantial evidence theory, such as what is the correct relevant market in terms of the cross elasticity of demand. D. 1046 at 4-5 (citing Rosenthal's report). As to evidence of Medicis' patent settlements with other generic manufacturers, given the contours of why Plaintiffs are offering it (as evidence of the injury caused by the reverse payment to Impax, D. 1046 at 8) and the limiting instruction the Court can give regarding same if Impax so requests it, the Court DENIES Impax's motion in limine to exclude this evidence.As to use of certain terms/language in argument (e.g., "payoff," "bribe," "unlawful payment"), the Court DENIES this motion in limine. As to the subset of these terms that Plaintiffs do not intend to use, D. 1046 at 8, this motion is denied as moot. As to the others (e.g., "unlawful payment" or "payoff") that Plaintiffs may decide to use, the Court denies the motion since it does not find these terms inflammatory or unduly prejudicial under Rule 403, particularly in light of the jury instructions that the jury will receive about the difference between evidence and argument and Plaintiffs' burden of proof.As to examination about Impax having a policy of complying with law or policies against price fixing, payoffs or not being paid for delayed product entry, Impax's motion to preclude same is ALLOWED to the following extent. Even having considered Plaintiffs' opposition, D. 1046 at 11, the Court does not see how such inquiry is relevant to the specific claims against Impax in the first instance or would not be unduly prejudicial under Rule 403. If, in regard to the examination of a particular Impax witness, Plaintiffs believe that such a line of inquiry would be an appropriate area of impeachment, Plaintiffs may, outside of the jury's presence, raise it with the Court to seek permission for such inquiry.As to Impax's motions in limine to exclude to evidence of rising costs of healthcare and pharmaceuticals, policy arguments regarding the pharmaceutical industry and/or appeals to jurors as consumers, the Court DENIES IN PART and ALLOWS IN PART these motions. The Court agrees that some context is appropriate and that these topics in and of themselves are not unduly prejudicial. The Court, however, will not allow the amount of "background" evidence to overcome evidence bearing more directly on the claims here or what amounts to cumulative evidence under Rule 403 and any appeals to sympathy or jury nullification remain objectionable. As to Impax's motion to prevent Plaintiffs' counsel from referring to Plaintiffs as "victims," the Court DENIES this motion. Such reference is consistent with Plaintiffs' allegations and, if sparingly made, is not unduly prejudicial under Rule 403, particularly when the jury will be properly instructed about Plaintiffs' burden of proof.As to the motion to exclude reference to opioids, the Court DENIES this motion as moot as Plaintiffs have confirmed that they will not introduce this issue in their case-in-chief. D. 1046 at 20. To the extent that Plaintiffs were reserving the right to do so as part of impeachment, cross examination or rebuttal, they may not do so until they have sought and received leave of the Court, outside of the jury's presence, to do so.D. 1011: Plaintiffs motion in limine as to various issues is resolved as follows:[MIL #1] Plaintiffs' motion to preclude the defense of "pass on" of overcharges is DENIED as moot. Impax's opposition indicates that it does not intend to offer such defense in the Phase I trial, but at a Phase II damages trial, D. 1039 at 2. This ruling, however, does not bar evidence of couponing and rebates as "evidence that relates to the Defendants' contention that the net purchase price paid by Plaintiffs is less than it would have been in the but-for world, taking into account rebates or coupons, is still admissible as to both injury and damages...." In re Asacol Antitrust Litig., 15-cv-12730-DJC, D. 686; D. 1039 at 3. [MIL #2] Plaintiffs' motion to preclude any "failure to mitigate" defense is DENIED. It appears that Plaintiffs are seeking to preclude evidence about Plaintiffs' ability to purchase substitutes for Solodyn or generic Solodyn. It is not clear that this is mitigation evidence as opposed to an issue about interchangeability as it bears about the relevant market here, which is a hotly contested issue for trial and Impax should not be precluded from offering evidence in this regard. [MIL #3] Plaintiffs' motion to exclude any evidence
March 8, 2018 Filing 1088 ELECTRONIC NOTICE of Hearing. Jury Trial set for 3/12/2018 09:00 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 3/13/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 3/14/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 3/15/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 3/16/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 3/19/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 3/20/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 3/21/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 3/22/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 3/26/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 3/27/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 3/28/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 3/29/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 3/30/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 4/2/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 4/3/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 4/4/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 4/5/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 4/6/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 4/9/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 4/10/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. Jury Trial set for 4/11/2018 08:45 AM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
March 7, 2018 Filing 1087 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Final Pretrial Conference held on 3/7/2018. Arguments on various motions in limine. Court takes under advisement #1001 Motion in Limine; takes under advisement #1004 Motion in Limine; takes under advisement #1008 Motion to Strike; takes under advisement #1012 Motion in Limine; takes under advisement #1013 Motion in Limine; takes under advisement #1074 Motion to Strike; takes under advisement motions in limine addressed in #1010 . Plaintiffs' opposition to the pending motions to strike to be filed by 3/9/18. Court hears from the parties of what should fall into Phase 1 versus Phase 2. Pretrial matters discussed. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Thomas Sobol, Richard Arnold, Anna Neill, Barry Refsin and Steve Shadowen for plaintiffs. J. Douglas Baldridge, Danielle Foley, Lisa Jose Fales and Katherine Wright for the defendant.) (Hourihan, Lisa)
March 7, 2018 Filing 1085 NOTICE by Consolidated Plaintiffs Plaintiffs' List of Electronic Equipment and Operator (Barnes, Lauren)
March 7, 2018 Filing 1084 NOTICE OF MANUAL FILING by Impax Laboratories, Inc. re #1083 MOTION to Strike Untimely Expert Reports of Plaintiffs' Experts Schondelmeyer and Leitzinger (Baldridge, James)
March 7, 2018 Filing 1083 MOTION to Strike Untimely Expert Reports of Plaintiffs' Experts Schondelmeyer and Leitzinger by Impax Laboratories, Inc..(Baldridge, James)
March 7, 2018 Filing 1082 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #1076 Motion for Leave to Appear Pro Hac Vice Added Lance Oliver. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew)
March 6, 2018 Filing 1079 ELECTRONIC NOTICE of Hearing. Fairness Hearing as to Settlement with DPP and EPP and Medicis set for 7/11/2018 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
March 6, 2018 Filing 1078 Judge Denise J. Casper: ORDER entered granting #1062 Motion for Preliminary Approval of Proposed Settlement with Medicis, Approval of the Form and Manner of Notice, and Setting a Settlement Schedule by Direct Purchaser Plaintiffs (Hourihan, Lisa)
March 6, 2018 Filing 1077 Judge Denise J. Casper: ORDER entered granting #1065 Motion for Settlement End-Payor Plaintiffs' Motion for Preliminary Approval of Settlement with Medicis Pharmaceutical Corp. (Hourihan, Lisa)
March 6, 2018 Filing 1076 MOTION for Leave to Appear Pro Hac Vice for admission of Lance Oliver Filing fee: $ 100, receipt number 0101-7038004 by City of Providence, Rhode Island. (Attachments: #1 Exhibit A)(Orenstein, Nathaniel)
March 6, 2018 Filing 1075 NOTICE OF MANUAL FILING by Impax Laboratories, Inc. re #1074 MOTION to Strike Untimely Sur-Sur-Rebuttal Expert Reports (Baldridge, James)
March 6, 2018 Filing 1074 MOTION to Strike Untimely Sur-Sur-Rebuttal Expert Reports by Impax Laboratories, Inc..(Baldridge, James)
March 6, 2018 Filing 1073 First NOTICE of Withdrawal of Appearance by James R. Dugan, II (Dugan, James)
March 6, 2018 Filing 1072 First NOTICE of Withdrawal of Appearance by James R. Dugan, II (Dugan, James)
March 6, 2018 Filing 1071 Judge Denise J. Casper: ELECTRONIC AMENDED ORDER entered. In light of recent developments in the case, the Court amends its order in D. 987 as follows: instead of 45 hours per side, the Court now limits each side to 35 hours (Plaintiffs, collectively and Defendant) to present their evidence, excluding opening statements and closing arguments. Each side (again, Plaintiffs, collectively and Defendant) will be permitted 40 minutes per side for opening statements, and the Court will allocate the time permitted for closing argument closer to the end of trial.(Hourihan, Lisa)
March 5, 2018 Filing 1069 Plaintiffs' Second Amended Witness List by Consolidated Plaintiffs. (Barnes, Lauren)
March 5, 2018 Filing 1068 Defendant Impax's Second Revised Witness List by Impax Laboratories, Inc.. (Baldridge, James)
March 5, 2018 Filing 1067 DECLARATION re #1065 MOTION for Settlement End-Payor Plaintiffs' Motion for Preliminary Approval of Settlement Declaration of Michael Buchman in Support of Motion for Preliminary Approval of Settlement by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Index of Key Documents, #2 Exhibit 1 Executed Settlement Agreement, #3 Exhibit A to the Settlement Agreement - Proposed Preliminary Approval Order, #4 Exhibit B to the Settlement Agreement - Proposed Longform Notice, #5 Exhibit C to the Settlement Agreement - Proposed Final Approval Order, #6 Exhibit 2 - Declaration of Notice Administrator Linda Young, #7 Exhibit 3 - Plan of Allocation, #8 Exhibit 4 - Consumer Claim Form, #9 Exhibit 5 - Third-Party Payor Claim Form)(Shadowen, Steve)
March 5, 2018 Filing 1066 MEMORANDUM in Support re #1065 MOTION for Settlement End-Payor Plaintiffs' Motion for Preliminary Approval of Settlement filed by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Shadowen, Steve)
March 5, 2018 Filing 1065 MOTION for Settlement End-Payor Plaintiffs' Motion for Preliminary Approval of Settlement by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund.(Shadowen, Steve)
March 5, 2018 Filing 1064 DECLARATION re #1061 Notice of Manual Filing, #1063 Memorandum in Support of Motion, #1062 MOTION for Preliminary Approval of Proposed Settlement with Medicis, Approval of the Form and Manner of Notice, and Setting a Settlement Schedule by Direct Purchaser Plaintiffs. (Attachments: #1 Exhibit, #2 Text of Proposed Order, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Barnes, Lauren) (Attachment 1 replaced on 3/6/2018 to reflect correction to page 25) (Hourihan, Lisa).
March 5, 2018 Filing 1063 MEMORANDUM in Support re #1062 MOTION for Preliminary Approval of Proposed Settlement with Medicis, Approval of the Form and Manner of Notice, and Setting a Settlement Schedule filed by Direct Purchaser Plaintiffs. (Barnes, Lauren)
March 5, 2018 Filing 1062 MOTION for Preliminary Approval of Proposed Settlement with Medicis, Approval of the Form and Manner of Notice, and Setting a Settlement Schedule by Direct Purchaser Plaintiffs.(Barnes, Lauren)
March 5, 2018 Filing 1061 NOTICE OF MANUAL FILING by Direct Purchaser Plaintiffs Attachment A to the Settlement Agreement between Direct Purchaser Plaintiffs and Medicis Pharmaceutical Corp. (Barnes, Lauren)
March 2, 2018 Filing 1056 NOTICE OF MANUAL FILING by Consolidated Plaintiffs Plaintiffs Opposition to Impax's Submission of Categories of Objections to Exhibits for the Court to Consider, Declaration of Lauren Guth Barnes and Exhibit 1 thereto (Barnes, Lauren)
March 2, 2018 Filing 1055 NOTICE OF MANUAL FILING by Impax Laboratories, Inc. re #1027 MOTION Seeking Determination that Certain Categories of Documents are Inadmissible (Response to Motion Seeking Determination that Certain Categories of Documents are Inadmissible) (Baldridge, James)
March 2, 2018 Filing 1054 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #1053 Motion for Leave to Appear Pro Hac Vice Added Rudy Gonzales Jr.. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew)
March 1, 2018 Filing 1053 MOTION for Leave to Appear Pro Hac Vice for admission of Rudy Gonzales Jr. Filing fee: $ 100, receipt number 0101-7032476 by United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Exhibit A)(Orenstein, Nathaniel)
February 28, 2018 Filing 1042 Proposed Voir Dire by Consolidated Plaintiffs. (Buchman, Michael)
February 28, 2018 Filing 1041 DECLARATION re #1040 Opposition to Motion by Impax Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Baldridge, James)
February 28, 2018 Filing 1040 Opposition re #1012 MOTION in Limine Plaintiffs' Motions in Limine 12-13 filed by Impax Laboratories, Inc.. (Baldridge, James)
February 28, 2018 Filing 1039 Opposition re #1011 MOTION in Limine Plaintiffs' Motions in Limine 1-11 filed by Impax Laboratories, Inc.. (Baldridge, James)
February 28, 2018 Filing 1038 Opposition re #1015 MOTION in Limine END-PAYOR PLAINTIFFS MOTION IN LIMINE TO EXCLUDE ARGUMENT OR EVIDENCE OF PASSED ON OVERCHARGES filed by Impax Laboratories, Inc.. (Baldridge, James)
February 28, 2018 Filing 1037 Proposed Voir Dire by Impax Laboratories, Inc.. (Baldridge, James)
February 28, 2018 Filing 1036 Proposed Jury Instructions by Impax Laboratories, Inc.. (Attachments: #1 Exhibit Impax Proposed Preliminary Instructions, #2 Exhibit Impax Proposed Final Instructions, #3 Exhibit Impax Proposed Verdict Form, #4 Exhibit Nexium Preliminary Instructions, #5 Exhibit Provigil Preliminary Instructions)(Baldridge, James)
February 28, 2018 Filing 1035 DECLARATION re #1031 Notice of Manual Filing,, #1034 Opposition to Motion of Lauren Guth Barnes by Consolidated Plaintiffs. (Barnes, Lauren)
February 28, 2018 Filing 1034 Opposition re #1004 MOTION in Limine to Exclude Federal Trade Commission (FTC) Publications and Documents filed by Consolidated Plaintiffs. (Barnes, Lauren)
February 28, 2018 Filing 1033 Response by Consolidated Plaintiffs to #988 Response, Plaintiffs' Response to Impax's Jury Verdict Statement and in Support of the Plaintiffs' Structure for Phase I and Phase II for Trial. (Attachments: #1 Exhibit A - Plaintiffs' [Proposed] Final Jury Instructions, #2 Exhibit B - Plaintiffs' [Proposed] Verdict Slip, #3 Exhibit C, #4 Exhibit D)(Barnes, Lauren)
February 28, 2018 Filing 1032 NOTICE by Consolidated Plaintiffs of Filing Materials ISO Plaintiffs' [Proposed] Preliminary Jury Instructions (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barnes, Lauren)
February 28, 2018 Filing 1031 NOTICE OF MANUAL FILING by Consolidated Plaintiffs Exhibit D to Plaintiffs Response to Impaxs Jury Verdict Statement and in Support of the Plaintiffs Structure for Phase I and Phase II for Trial; Plaintiffs Opposition to Impaxs Motion to Strike the Supplemental Report of Thomas G. McGuire; Plaintiffs Opposition to Impaxs Motion in Limine to Preclude Argument or Evidence Based Upon the Invocation of the Attorney Client Privilege; Plaintiffs Opposition to Impaxs Motion in Limine to Exclude Evidence Regarding Various Topics; and Exhibits 1-8 of the Declaration of Lauren Guth Barnes (Barnes, Lauren)
February 28, 2018 Filing 1030 NOTICE OF MANUAL FILING by Impax Laboratories, Inc. Notice of Filing Under Seal Defendant Impax Laboratories, Inc.'s Opposition to Plaintiffs' Motion in Limine Nos. 17-20 and Transmittal Declaration of Kristin Koger (Baldridge, James)
February 28, 2018 Filing 1029 NOTICE OF MANUAL FILING by Impax Laboratories, Inc. Notice of Filing Under Seal Defendant Impax Laboratories, Inc.'s Opposition to Plaintiffs' Motion in Limine Nos. 14-16 and Transmittal Declaration of Kristin Koger (Baldridge, James)
February 26, 2018 Filing 1027 MOTION Seeking Determination that Certain Categories of Documents are Inadmissible by Ahold U.S.A., Inc., Albertson's LLC, Allied Services Division Welfare Fund, CVS Pharmacy, Inc., City of Providence, Rhode Island, Consolidated Plaintiffs, Direct Purchaser Plaintiffs, Fraternal Order of Police, Fort Lauderdale Lodge 31, HEB GROCERY CO. LP, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, NECA-IBEW WELFARE TRUST FUND, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Rite Aid Corporation, Rite Aid Hdqtrs. Corp., Rochester Drug Co-Operative, Inc., Safeway, Inc., Sheet Metal Workers Local No. 25 Health & Welfare Fund, The Kroger Co., United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund, Walgreen Co..(Ravkind, Lauren)
February 26, 2018 Filing 1026 NOTICE OF MANUAL FILING by Impax Laboratories, Inc. (Submission of Categories of Objections to Exhibits) (Koger, Kristin)
February 22, 2018 Filing 1017 NOTICE of Appearance by Maureen S. Lawrence on behalf of CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp. (Lawrence, Maureen)
February 21, 2018 Filing 1016 MEMORANDUM in Support re #1015 MOTION in Limine END-PAYOR PLAINTIFFS MOTION IN LIMINE TO EXCLUDE ARGUMENT OR EVIDENCE OF PASSED ON OVERCHARGES filed by United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Nation, Donald)
February 21, 2018 Filing 1015 MOTION in Limine END-PAYOR PLAINTIFFS MOTION IN LIMINE TO EXCLUDE ARGUMENT OR EVIDENCE OF PASSED ON OVERCHARGES by United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund.(Nation, Donald)
February 21, 2018 Filing 1014 DECLARATION re #1010 Notice of Manual Filing, #1013 MOTION in Limine Plaintiffs' Motions in Limine Nos. 14-16, #1011 MOTION in Limine Plaintiffs' Motions in Limine 1-11, #1012 MOTION in Limine Plaintiffs' Motions in Limine 12-13 of Lauren Guth Barnes by Consolidated Plaintiffs. (Barnes, Lauren)
February 21, 2018 Filing 1013 MOTION in Limine Plaintiffs' Motions in Limine Nos. 14-16 by Consolidated Plaintiffs.(Barnes, Lauren)
February 21, 2018 Filing 1012 MOTION in Limine Plaintiffs' Motions in Limine 12-13 by Consolidated Plaintiffs.(Barnes, Lauren)
February 21, 2018 Filing 1011 MOTION in Limine Plaintiffs' Motions in Limine 1-11 by Consolidated Plaintiffs.(Barnes, Lauren)
February 21, 2018 Filing 1010 NOTICE OF MANUAL FILING by Consolidated Plaintiffs Plaintiffs' Motions in Limine 17-20, Exhibits 1-20 to the Declaration of Lauren Barnes (Barnes, Lauren)
February 21, 2018 Filing 1009 NOTICE OF MANUAL FILING by Impax Laboratories, Inc. re #1008 MOTION to Strike the Supplemental Report of Thomas G. McGuire (Baldridge, James)
February 21, 2018 Filing 1008 MOTION to Strike the Supplemental Report of Thomas G. McGuire by Impax Laboratories, Inc..(Baldridge, James)
February 21, 2018 Filing 1007 NOTICE OF MANUAL FILING by Impax Laboratories, Inc. re #1006 MOTION in Limine to Exclude Evidence Regarding Various Topics (Baldridge, James)
February 21, 2018 Filing 1006 MOTION in Limine to Exclude Evidence Regarding Various Topics by Impax Laboratories, Inc..(Baldridge, James)
February 21, 2018 Filing 1005 MEMORANDUM in Support re #1004 MOTION in Limine to Exclude Federal Trade Commission (FTC) Publications and Documents filed by Impax Laboratories, Inc.. (Baldridge, James)
February 21, 2018 Filing 1004 MOTION in Limine to Exclude Federal Trade Commission (FTC) Publications and Documents by Impax Laboratories, Inc..(Baldridge, James)
February 21, 2018 Filing 1003 NOTICE OF MANUAL FILING by Impax Laboratories, Inc. re #1001 MOTION in Limine to Preclude Argument or Evidence Based upon the Invocation of Attorney-Client Privilege (Baldridge, James)
February 21, 2018 Filing 1002 MEMORANDUM in Support re #1001 MOTION in Limine to Preclude Argument or Evidence Based upon the Invocation of Attorney-Client Privilege filed by Impax Laboratories, Inc.. (Baldridge, James)
February 21, 2018 Filing 1001 MOTION in Limine to Preclude Argument or Evidence Based upon the Invocation of Attorney-Client Privilege by Impax Laboratories, Inc..(Baldridge, James) Modified on 3/9/2018 (Hourihan, Lisa).
February 19, 2018 Filing 1000 Defendant Impax's Revised Witness List in Accordance with ECF No. 994 by Impax Laboratories, Inc.. (Baldridge, James)
February 19, 2018 Filing 999 STIPULATION and (Proposed) Order Regarding Briefing On Disputed Exhibit Categories by Impax Laboratories, Inc.. (Baldridge, James)
February 15, 2018 Filing 998 Plaintiffs' Witness List In accordance with ECF No. 994 by Direct Purchaser Plaintiffs. (Curley, Andrew)
February 15, 2018 Filing 997 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
February 15, 2018 Filing 996 Transcript of Telephone Conference held on February 13, 2018, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 3/8/2018. Redacted Transcript Deadline set for 3/19/2018. Release of Transcript Restriction set for 5/16/2018. (Scalfani, Deborah)
February 14, 2018 Filing 993 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #992 Motion for Leave to Appear Pro Hac Vice Added Paul Feinstein,and Andrew T. Hernacki. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew)
February 13, 2018 Filing 995 Judge Denise J. Casper: ORDER entered. STIPULATION AND ORDER Extending Time for Deadlines Relating to Deposition Designations.(Hourihan, Lisa)
February 13, 2018 Filing 994 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 2/13/2018. Court to hold off scheduling damages phase of trial until any decision in Asacol. In light of recent developments in the case, the Court inquires as to trial time needed. Medicis asks for stay from further obligations and plans to bring motion for preliminary approval by 2/23/18. Court takes request for stay under advisement. Plaintiffs have until 2/15/18 to pare down witness list. Defendant Impax has until 2/19/18 to pare down witness list. Within the witness lists, counsel to include lesser amount of time anticipated for trial. Court approves Stipulation and Order Extending Time for Deposition Designations. Counsel to confer re: categories of exhibits and submit chart by 2/28/18. Schedule for the first 2 weeks of trial is as follows: week of 3/12/18 Court will sit full days from 9-4 Monday - Thursday and from 9-1 on Friday; week of 3/19 Court wills it full days from 9-4 Monday - Wednesday, from 9-1 on Thursday and Friday off. Court asks counsel to hold March 9th from 10-12 in case needed for further pretrial conference. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Scott Perwin, James Carroll, Danielle Foley, Douglas Baldridge (and others participating by telephone).) (Hourihan, Lisa)
February 13, 2018 Filing 992 MOTION for Leave to Appear Pro Hac Vice for admission of Paul Feinstein and Andrew T. Hernacki Filing fee: $ 200, receipt number 0101-7007187 by Impax Laboratories, Inc.. (Attachments: #1 Exhibit Certificate of Attorney Paul Feinstein In Support of Motion to Practice Pro Hac Vice, #2 Exhibit Certificate of Attorney Andrew T. Hernacki in Support of Motion to Practice Pro Hac Vice)(Demeo, Joseph)
February 13, 2018 Filing 991 STIPULATION and (Proposed) Order Extending Time for Deadlines Relating to Deposition Designations by Impax Laboratories, Inc.. (Baldridge, James)
February 12, 2018 Filing 990 JUDGMENT of the USCA (17-8036): Defendant-Petitioners, pursuant to Fed. R. Civ. P. 23(f), seek leave from this court to appeal the district court's recent certification of a class in the underlying action. As an initial matter, defendant-petitioners' motion to file a reply is GRANTED, and the tendered reply is accepted for filing and has been considered. Defendant-Petitioners also have moved to seal their petition and reply; those motions are GRANTED, and the tendered unredacted versions of the petition and reply are accepted for filing under seal. Plaintiff-Respondents have moved to seal their response; that motion is GRANTED, and the tendered unredacted version of the response is accepted for filing under seal.As for the merits of the petition, we conclude that the requirements for interlocutory review of class certification determinations have not been met here. See Waste Mgmt. Holdings, Inc. v. Mowbray, 208 F.3d 288, 293-94 (1st Cir. 2000) (setting out factors to be considered when deciding whether to allow review pursuant to Rule 23(f)). Accordingly, the petition for leave to appeal is DENIED. The pending motion to expedite is DENIED as moot. (Paine, Matthew)
February 12, 2018 Filing 989 DECLARATION of Lauren Guth Barnes attaching Notice Administrator Declaration Regarding The Notice Program & Requests for Exclusion, and Exhibits B-C by Direct Purchaser Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Barnes, Lauren)
February 12, 2018 Filing 988 Defendant Impax's Response to (1) Plaintiffs' Proposed Verdict Forms for Phase I and Phase II of the Trial, and (2) Plaintiffs' Submission Regarding Proposed Jury Verdict Forms Response by Impax Laboratories, Inc. to #977 Brief, #976 Proposed Jury Verdict . (Baldridge, James)
February 7, 2018 Filing 987 Judge Denise J. Casper: ELECTRONIC ORDER entered. Mindful that counsel may be discussing witness matters now, the Court provides the following Order to counsel now. The Court having now resolved summary judgment and Daubert motions, D. 948; D. 984, and in light of the input previously solicited and provided, D. 765; D. 822; D. 943, the Court limits 45 hours each side (Plaintiffs, collectively and Defendants, collectively) to present their evidence, excluding opening statements and closing arguments. Each side (again, Plaintiffs, collectively and Defendants, collectively) will be permitted 40 minutes per side for opening statements, and the Court will allocate the time permitted for closing argument closer to the end of trial. As previously noted, the Court anticipates a mix of full and half days, and the Court will share details of that schedule with counsel in connection with upcoming conference on 2/13/2018, but notes that the first week of trial, the week of March 12th will be Monday-Thursday, full days (9 am to 4 pm) and Friday, 1/2 day (9 am to 1 pm). (Hourihan, Lisa)
February 6, 2018 Filing 986 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
February 6, 2018 Filing 985 Transcript of Final Pretrial Conference Day One held on January 31, 2018, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 2/27/2018. Redacted Transcript Deadline set for 3/9/2018. Release of Transcript Restriction set for 5/7/2018. (Scalfani, Deborah)
February 6, 2018 Filing 984 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - For the reasons discussed, the Court resolves D. 742, D. 743, D. 746, D. 749 and D. 750.(Hourihan, Lisa)
February 5, 2018 Filing 983 REDACTION -- Joint Pretrial Memorandum (PUBLIC VERSION) byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
February 5, 2018 Filing 982 Letter/request (non-motion) from Plaintiffs attaching materials used at January 31 hearing . (Attachments: #1 Attachment 1, #2 Attachment 2)(Barnes, Lauren)
February 2, 2018 Filing 981 ELECTRONIC NOTICE of Hearing. Telephone Conference set for 2/13/2018 03:00 PM in Courtroom 11 before Judge Denise J. Casper. The teleconference call in number is 888-675-2535 access code is 8274618(Hourihan, Lisa)
February 1, 2018 Filing 980 Opposition re #968 MOTION For Leave To Serve The Expert Report Of Dr. Louis Rossiter, Ph. D In Response To The Plaintiffs' Report Of Dr. Stephen W. Schondelmeyer (PUBLIC VERSION) filed by Consolidated Plaintiffs. (Attachments: #1 Exhibit A)(Barnes, Lauren)
January 31, 2018 Filing 979 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Final Pretrial Conference Day 1 held on 1/31/2018. Court hears argument on pending Daubert Motions. Court takes under advisement 746 Motion to Exclude Testimony of Plaintiffs' Expert John Tupman, Jr.; takes under advisement 749 Motion to Exclude Opinions of Dr. Gregory Bell; takes under advisement 750 Motion to Exclude Portions of the Expert Testimony of Tamar Howson and Dennis Carlton; the remainder of the pending motions submitted on the papers. Counsel raise other pretrial issues. Court asks counsel to confer on a date and the Court will hold a telephone conference. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Steve Shadowen Thomas Sobol, Richard Arnold, Barry Refsin, James Carroll, Danielle Foley, J. Douglas Baldridge, Kristin Koger, Christopher Clark and Julia York.) (Hourihan, Lisa)
January 31, 2018 Filing 978 STIPULATION of Facts (Joint) by Direct Purchaser Plaintiffs. (Curley, Andrew)
January 30, 2018 Filing 977 BRIEF by Consolidated Plaintiffs to #976 Proposed Jury Verdict Plaintiffs' Submission Regarding Proposed Jury Verdict Forms. (Barnes, Lauren)
January 30, 2018 Filing 976 Proposed Jury Verdict by Consolidated Plaintiffs. (Barnes, Lauren)
January 30, 2018 Filing 975 JOINT STATEMENT of counsel Regarding Oral Argument On The Five Pending Daubert Motions Scheduled For Argument On January 31, 2018. (Carroll, James)
January 26, 2018 Filing 974 REDACTION Transmittal Declaration of Danielle R. Foley, Esq. byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
January 26, 2018 Filing 973 REDACTION Reply In Support of Defendants' Motion to Exclude Tesitmony of Plaintiffs' Expert Richard G. Frank byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
January 26, 2018 Filing 972 REDACTION Reply In Support of Defendants' Motion to Exclude Tesitmony of Plaintiffs' Expert Meredith Rosenthal byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
January 26, 2018 Filing 971 REDACTION Reply In Support of Defendants' Motion to Exclude Tesitmony of Plaintiffs' Expert John R. Tupman, Jr. byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
January 26, 2018 Filing 970 REDACTION Reply In Support of Defendants' Motion to Exclude the Testimony of Thomas G. McGuire byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
January 26, 2018 Filing 969 NOTICE of Withdrawal of Appearance by Daniel P. Thiel (Thiel, Daniel)
January 25, 2018 Filing 968 MOTION For Leave To Serve The Expert Report Of Dr. Louis Rossiter, Ph. D In Response To The Plaintiffs' Report Of Dr. Stephen W. Schondelmeyer (PUBLIC VERSION) by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit A (FILED UNDER SEAL))(Carroll, James)
January 25, 2018 Filing 967 DECLARATION Reply Transmittal Declaration Of James R. Carroll (Daubert Motions) (PUBLIC VERSION) by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibits 33-39 (FILED UNDER SEAL))(Carroll, James)
January 25, 2018 Filing 966 REPLY to Response to #714 MOTION To Exclude Opinions And Testimony Of Neelam A. Vashi, M.D. (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
January 25, 2018 Filing 965 REPLY to Response to #716 MOTION To Exclude Opinions Of Dr. Arthur Kibbe (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
January 25, 2018 Filing 964 REPLY to Response to #715 MOTION To Exclude Opinions And Testimony Of John Doll (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
January 25, 2018 Filing 963 REPLY to Response to #713 MOTION To Exclude Opinions Of John R. Thomas And Peter Hardigan (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
January 25, 2018 Filing 962 REPLY to Response to #712 MOTION To Exclude Opinions Of Dr. Keith Leffler (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
January 25, 2018 Filing 961 REPLY to Response to #711 MOTION To Exclude Opinions Of Dr. Stephen Schondelmeyer (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
January 25, 2018 Filing 960 DECLARATION Reply Transmittal Declaration Of James R. Carroll (Summary Judgment Motions) (PUBLIC VERSION) by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibts 162, 164, 165 (FILED UNDER SEAL), #2 Exhibit 163, #3 Exhibit 166)(Carroll, James)
January 25, 2018 Filing 959 (PUBLIC VERSION) Response by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. To Plaintiffs' Response To Defendants' Local Rule 56.1 Statement Of Material Facts As To Which There Is No Genuine Issue To Be Tried. (Carroll, James)
January 25, 2018 Filing 958 REPLY to Response to #719 MOTION for Summary Judgment On All Claims Arising Out Of Medicis's Settlements With Sandoz And Lupin (PUBLIC VERSION) filed by Medicis Pharmaceutical Corp.. (Carroll, James)
January 25, 2018 Filing 957 REPLY to Response to #718 MOTION for Summary Judgment Due To Lack Of Causation (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
January 25, 2018 Filing 956 REPLY to Response to #717 MOTION for Summary Judgment On Market Power (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
January 25, 2018 Filing 955 DECLARATION re #954 Redacted Document, #952 Redacted Document, #951 Redacted Document, #953 Redacted Document, #950 Redacted Document SECOND SUPPLEMENTAL DECLARATION OF LAUREN GUTH BARNES (Exhibits 337-341 Filed Under Seal) by Consolidated Plaintiffs. (Barnes, Lauren)
January 25, 2018 Filing 954 REDACTION REPLY IN SUPPORT OF PLAINTIFFS MOTION TO EXCLUDE CERTAIN PORTIONS OF THE EXPERT TESTIMONY OF (1)DR. ROBERT S. LANGER AND (2) R. POLK WAGNER byConsolidated Plaintiffs. (Barnes, Lauren)
January 25, 2018 Filing 953 REDACTION REPLY IN SUPPORT OF PLAINTIFFS MOTION TO EXCLUDE CERTAIN PORTIONS OF THE TESTIMONY OF (1)TAMAR HOWSON AND (2) DENNIS CARLTON byConsolidated Plaintiffs. (Barnes, Lauren)
January 25, 2018 Filing 952 REDACTION REPLY IN SUPPORT OF PLAINTIFFS DAUBERT MOTION TO EXCLUDE OPINIONS OF DR. GREGORY BELL byConsolidated Plaintiffs. (Barnes, Lauren)
January 25, 2018 Filing 951 REDACTION PLAINTIFFS REPLY MEMORANDUM IN FURTHER SUPPORT OF THEIR MOTION TO EXCLUDE CERTAIN PORTIONS OF THE EXPERT TESTIMONY OF DR. SUMANTH ADDANKI AND EXCLUDE IN WHOLE THE EXPERT TESTIMONY OF DR. GUY WEBSTER byConsolidated Plaintiffs. (Barnes, Lauren)
January 25, 2018 Filing 950 REDACTION PLAINTIFFS REPLY IN FURTHER SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT byConsolidated Plaintiffs. (Barnes, Lauren)
January 25, 2018 Filing 949 Judge Denise J. Casper: ELECTRONIC ORDER entered. D. 742, 743, 746, 749, 750:In light of the Court's ruling on the pending summary judgment motions and eleven of the pending motions to exclude, D. 948, the following Daubert motions remain pending: Defendants' motion to exclude W. Paul DeBree, D. 742; Defendants' motion to exclude Dr. Richard Frank, D. 743; Defendants' motion to exclude John Tupman, D. 746; Plaintiffs' motion to exclude Dr. Gregory Bell, D. 749; and Plaintiffs' motion to exclude portions of Tamar Howson's and Dr. Dennis Carlton's testimony, D. 750.The Court has reviewed the parties' joint submission, D. 945, in which the parties requested ten minutes of oral argument (five minutes per side) on each Daubert motion. Their oral argument requests include the motions to exclude Dr. Gregory Bell's testimony, D. 749, portions of Tamar Howson's and Dr. Dennis Carlton's testimony, D. 750, and John Tupman's testimony, D. 749.The Court will allow 25 minutes per side for oral argument on the pending Daubert motions at the upcoming January 31, 2018 pretrial conference, to allocate among the five pending Daubert motions as they wish. (Hourihan, Lisa)
January 25, 2018 Filing 948 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court: 1. DENIES IN PART Defendants' motion for summary judgment on market power, D. 717, and DENIES Plaintiffs' motion for partial summary judgment on market power, D. 747, to the extent that parties rely upon circumstantial evidence of market power (including the definition of the relevant market); ALLOWS IN PART Defendants' motion for summary judgment as to direct evidence of market power. The disputed issue of market power (including definition of relevant market) shall go to the jury as to circumstantial evidence. 2. DENIES Defendants' motion for summary judgment on causation, D. 718: Plaintiffs may pursue Scenarios A and B at trial, but they have abandoned (former) Scenario 1; 3. DENIES Defendants' motion for summary judgment on all claims arising out of Mediciss settlements with Sandoz and Lupin. D. 719.As to the Daubert motions to exclude certain expert testimony, the Court: 1. DENIES Defendants' motion to exclude Dr. Christopher Baum, D. 741; 2. DENIES Defendants' motion to exclude Dr. Arthur Kibbe, D. 716; 3. DENIES Defendants' motion to exclude Dr. Keith Leffler, D. 712; 4. DENIES Defendants' motion to exclude Dr. Meredith Rosenthal, D. 745; 5. DENIES Defendants' motion to exclude Dr. Stephen Schondelmeyer, D. 711; 6. DENIES Defendants' motion to exclude Dr. Neelam Vashi, D. 714; 7. ALLOWS IN PART and DENIES IN PART Defendants' motion to exclude the opinion of John Doll, D. 715, excluding testimony as to Medicis's intent and legal conclusions; 8. ALLOWS IN PART and DENIES IN PART Defendants' motion to exclude portions of Dr. Thomas McGuire, D. 744, allowing the motion to the extent that McGuire's testimony connects his stock price event study to alternative no-payment settlement dates, but otherwise denying the motion; 9. ALLOWS IN PART and DENIES IN PART Defendants' motion to exclude John Thomas and Peter Hardigan, D. 713, allowing the motion to the extent Thomas opines on the time to trial (and appeal) of the underlying patent dispute, materiality, Medicis's intent and any legal conclusions presented as expert testimony, but otherwise denying the motion; 10. DENIES Plaintiffs' motion to exclude portions of Dr. Sumanth Addanki and Dr. Guy Webster's opinions, D. 748; 11. DENIES Plaintiffs' motion to exclude portions of Dr. Robert S. Langer's and R. Polk Wagner's opinions, D. 751; 12. ALLOWS Defendants' motion to serve the expert opinion of Dr. Louis Rossiter, D. 892.(Hourihan, Lisa)
January 24, 2018 Filing 947 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #946 Motion for Leave to Appear Pro Hac Vice Added Vincent E. Verrocchio, Caroline P. Gately, Jessica A. Swauger, David A. Levie, and Katherine M. Wright. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew)
January 24, 2018 Filing 946 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Vincent E. Verrocchio, Caroline P. Gately, Jessica A. Swauger, David A. Levie, and Katherine M. Wright Filing fee: $ 500, receipt number 0101-6977317 by Impax Laboratories, Inc.. (Attachments: #1 Affidavit Exhibit A - Verrocchio Affidavit, #2 Affidavit Exhibit B - Gately Affidavit, #3 Affidavit Exhibit C - Swauger Affidavit, #4 Affidavit Exhibit D - Levie Affidavit, #5 Affidavit Exhibit E - Wright Affidavit)(Demeo, Joseph)
January 24, 2018 Filing 945 JOINT STATEMENT of counsel Regarding Oral Argument On Pending Daubert Motions Scheduled For January 31, 2018. (Carroll, James)
January 18, 2018 Filing 942 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
January 18, 2018 Filing 941 Transcript of Motion Hearing held on January 12, 2018, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 2/8/2018. Redacted Transcript Deadline set for 2/20/2018. Release of Transcript Restriction set for 4/18/2018. (Scalfani, Deborah)
January 17, 2018 Filing 940 Judge Denise J. Casper: ORDER entered. Stipulation and Order Extending Time for Filing Joint Pretrial Memorandum. re #939 Stipulation filed by Consolidated Plaintiffs (McKillop, Matthew)
January 17, 2018 Filing 939 STIPULATION and [Proposed] Order Extending Time for Filing Joint Pretrial Memorandum by Consolidated Plaintiffs. (Barnes, Lauren)
January 12, 2018 Filing 938 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 1/12/2018. Arguments. Court takes under advisement #717 Motion for Summary Judgment, takes under advisement #718 Motion for Summary Judgment, takes under advisement #719 Motion for Summary Judgment and takes under advisement 747 Motion for Partial Summary Judgment. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Andrew Curley, Steve Shadowen, James Carroll, Danielle FOley, Michael Buchman, J. Douglas Baldridge, Thomas Sobol, David Sorenson, Donald Nation, Julia York, Christopher Clark, Steven Sunshine, Caitlin Coslett and Barry Refsin.) (Hourihan, Lisa)
January 12, 2018 Filing 936 REDACTION Retailer Plaintiffs' Opposition to Defendants' Motion to Exclude Opinions of Dr. Keith Leffler byAlbertson's LLC, CVS Pharmacy, Inc., HEB GROCERY CO. LP, Rite Aid Corporation, Rite Aid Hdqtrs. Corp., Safeway, Inc., The Kroger Co., Walgreen Co.. (Refsin, Barry)
January 12, 2018 Filing 935 DECLARATION re #925 Redacted Document, #924 Memorandum in Opposition to Motion, #934 Redacted Document, #926 Redacted Document, #928 Redacted Document, #931 Redacted Document, #930 Redacted Document, #927 Redacted Document, #923 Memorandum in Opposition to Motion, #932 Redacted Document, #929 Redacted Document, #933 Redacted Document Supplemental Declaration of Lauren Barnes by Consolidated Plaintiffs. (Attachments: #1 Exhibits 288-301, #2 Exhibits 302-311, #3 Exhibits 312, 314-317 (Exhibits 64-287, 313, & 318-336 Filed Under Seal))(Barnes, Lauren)
January 12, 2018 Filing 934 REDACTION PLAINTIFFS' RESPONSE TO DEFENDANTS LOCAL RULE 56.1 STATEMENT OF MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE ISSUE TO BE TRIE byConsolidated Plaintiffs. (Barnes, Lauren)
January 12, 2018 Filing 933 REDACTION PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE CERTAIN OPINIONS AND TESTIMONY OF DR. NEELAM A. VASHI byConsolidated Plaintiffs. (Barnes, Lauren)
January 12, 2018 Filing 932 REDACTION PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE OPINIONS OF MR. JOHN R. TUPMAN byConsolidated Plaintiffs. (Barnes, Lauren)
January 12, 2018 Filing 931 REDACTION PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF JOHN R. THOMAS AND PETER HARDIGAN byConsolidated Plaintiffs. (Barnes, Lauren)
January 12, 2018 Filing 930 REDACTION PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE OPINIONS OF DR. STEPHEN SCHONDELMEYER byConsolidated Plaintiffs. (Barnes, Lauren)
January 12, 2018 Filing 929 REDACTION PLAINTIFFS MEMORANDUM IN OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE TESTIMONY OF DR. MEREDITH ROSENTHAL byConsolidated Plaintiffs. (Barnes, Lauren)
January 12, 2018 Filing 928 REDACTION PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF ARTHUR KIBBE, PH.D. byConsolidated Plaintiffs. (Barnes, Lauren)
January 12, 2018 Filing 927 REDACTION PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF JOHN DOLL byConsolidated Plaintiffs. (Barnes, Lauren)
January 12, 2018 Filing 926 REDACTION PLAINTIFFS MEMORANDUM IN OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE THE PROPOSED TESTIMONY OF PLAINTIFFS EXPERT DR. CHRISTOPHER BAUM byConsolidated Plaintiffs. (Barnes, Lauren)
January 12, 2018 Filing 925 REDACTION PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE THE TESTIMONY OF THOMAS G. MCGUIRE byConsolidated Plaintiffs. (Barnes, Lauren)
January 12, 2018 Filing 924 MEMORANDUM in Opposition re #717 MOTION for Summary Judgment On Market Power Redacted - Public Version filed by Consolidated Plaintiffs. (Barnes, Lauren)
January 12, 2018 Filing 923 MEMORANDUM in Opposition re #718 MOTION for Summary Judgment Due To Lack Of Causation Redacted - Public Version filed by Consolidated Plaintiffs. (Barnes, Lauren)
January 11, 2018 Filing 922 NOTICE OF MANUAL FILING by Consolidated Plaintiffs Plaintiffs Opposition to Defendants Medicis Pharmaceutical Corp.'s and Impax Laboratories, Inc.'s Motion for Leave to Serve The Expert Report of Dr. Louis Rossiter, Ph.D in Response to the Plaintiffs Report of Dr. Stephen W. Schondelmeyer (Attachments: #1 Exhibit A)(Barnes, Lauren)
January 10, 2018 Filing 920 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #918 Motion for Leave to Appear Pro Hac Vice Added Stuart B. Baimel. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew)
January 10, 2018 Filing 919 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #913 Motion for Extension of Time to 01/12/2018 to File public redacted versions of Pleadings filed December 15, 2017 by Consolidated Plaintiffs. (Hourihan, Lisa)
January 9, 2018 Filing 918 MOTION for Leave to Appear Pro Hac Vice for admission of Stuart B. Baimel Filing fee: $ 100, receipt number 0101-6956737 by Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit A)(Carroll, James)
January 9, 2018 Filing 917 NOTICE of Appearance by Christopher G. Clark on behalf of Medicis Pharmaceutical Corp. (Clark, Christopher)
January 9, 2018 Filing 913 MOTION for Extension of Time to 01/12/2018 to File public redacted versions of Pleadings filed December 15, 2017 by Consolidated Plaintiffs. (Attachments: #1 Text of Proposed Order)(Curley, Andrew)
January 8, 2018 Filing 891 DECLARATION re #889 Memorandum in Opposition to Motion, #890 Memorandum in Opposition to Motion, (PUBLIC VERSION) by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit 8, #2 Exhibit 10, #3 Exhibit 15, #4 (FILED UNDER SEAL: Exhibits 1-7, 9, 11-14))(Carroll, James)
January 8, 2018 Filing 890 MEMORANDUM in Opposition re #782 MOTION to Exclude Certain Portions of the Expert Testimony of Dr. Sumanth Addanki and Exclude In Whole the Expert Testimony of Dr. Guy Webster Public Version (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
January 8, 2018 Filing 889 MEMORANDUM in Opposition re #788 MOTION to Exclude Certain Portions of the Proposed Expert Testimony of (1) Dr. Robert S. Langer and (2) R. Polk Wagner Public Version (PUBLIC VERSION) filed by Medicis Pharmaceutical Corp.. (Carroll, James)
January 8, 2018 Filing 888 DECLARATION re #886 Memorandum in Opposition to Motion (PUBLIC VERSION) by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit 7, #2 Exhibit 37, #3 Exhibit 38, #4 Exhibit 39, #5 (FILED UNDER SEAL: Exhibits 1-6, 8-36))(Carroll, James)
January 8, 2018 Filing 887 Response by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. to #781 Statement of facts And Defendants' Supplemental Statement Of Material Facts As To Which There Is A Genuine Issue To Be Tried (PUBLIC VERSION). (Carroll, James)
January 8, 2018 Filing 886 MEMORANDUM in Opposition re #779 MOTION for Partial Summary Judgment Public Version (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
January 8, 2018 Filing 885 REDACTION Defendants' Opposition to Plaintiffs' Motion to Exclude Certain Portions of the Expert Testimony of Tamar Howson and Dennis Carlton - PUBLIC VERSION byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
January 8, 2018 Filing 884 REDACTION Opposition to Plaintiffs' Motion to Exclude Opinions of Dr. Gregory Bell - PUBLIC VERSION byImpax Laboratories, Inc.. (Baldridge, James)
January 5, 2018 Filing 883 NOTICE OF MANUAL FILING by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. Notice of Filing Under Seal Defendants' Reply in Support of its Motion to Exclude Testimony of John Tupman, Jr. (Baldridge, James)
January 5, 2018 Filing 882 NOTICE OF MANUAL FILING by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. Notice of Filing Under Seal Defendants' Reply in Support of its Motion to Exclude Testimony of Meredith Rosenthal (Baldridge, James)
January 5, 2018 Filing 881 NOTICE OF MANUAL FILING by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. Notice of Filing Under Seal Defendants' Reply in Support of its Motion to Exclude Testimony of Thomas G. McGuire (Baldridge, James)
January 5, 2018 Filing 880 NOTICE OF MANUAL FILING by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. Notice of Filing Under Seal Defendants' Reply in Support of its Motion to Exclude Testimony of Richard G. Frank (Baldridge, James)
January 5, 2018 Filing 879 NOTICE OF MANUAL FILING by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. Notice of Filing Under Seal Defendants' Reply in Support of its Motion to Exclude Testimony of W. Paul DeBree (Baldridge, James)
January 5, 2018 Filing 878 NOTICE OF MANUAL FILING by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. Notice of Filing Under Seal Defendants' Reply in Support of its Motion to Exclude Testimony of Christopher Baum (Baldridge, James)
January 5, 2018 Filing 877 NOTICE OF MANUAL FILING by Consolidated Plaintiffs (Barnes, Lauren)
December 28, 2017 Filing 876 Judge Denise J. Casper: ORDER entered. Stipulation and Order of Dismissal of Retailer Plaintiffs' Claims Against Sandoz Associated Cases: 1:14-md-02503-DJC, 1:15-cv-11544-DJC, 1:15-cv-11761-DJC, 1:16-cv-10238-DJC(Hourihan, Lisa)
December 28, 2017 Filing 875 Judge Denise J. Casper: ORDER entered. Stipulation and Order of Dismissal of Retailer Plaintiffs' Claims Against Lupin Defendants.Associated Cases: 1:14-md-02503-DJC, 1:15-cv-11544-DJC, 1:15-cv-11761-DJC, 1:16-cv-10238-DJC(Hourihan, Lisa)
December 28, 2017 Filing 874 STIPULATION of Dismissal and [proposed] Order of Dismissal of Claims Against Sandoz by Albertson's LLC, CVS Pharmacy, Inc., HEB GROCERY CO. LP, Rite Aid Corporation, Rite Aid Hdqtrs. Corp., Safeway, Inc., The Kroger Co., Walgreen Co.. (Perwin, Scott)
December 28, 2017 Filing 873 STIPULATION of Dismissal and [proposed] order of Dismissal of Claims Against Lupin by Albertson's LLC, CVS Pharmacy, Inc., HEB GROCERY CO. LP, Rite Aid Corporation, Rite Aid Hdqtrs. Corp., Safeway, Inc., The Kroger Co., Walgreen Co.. (Perwin, Scott)
December 20, 2017 Filing 872 Judge Denise J. Casper: ORDER entered. DPP's Amended Notice of Pendency of Class Action. re #838 Order (McKillop, Matthew)
December 15, 2017 Filing 844 NOTICE OF MANUAL FILING by Consolidated Plaintiffs Opposition to Defendants' Motions for Summary Judgment, Daubert Motions, Rule 56.1 Statement of Undisputed Material Facts, Supplemental Declaration and All Exhibits Thereto (Barnes, Lauren)
December 15, 2017 Filing 843 NOTICE OF MANUAL FILING by Albertson's LLC, CVS Pharmacy, Inc., HEB GROCERY CO. LP, Rite Aid Corporation, Rite Aid Hdqtrs. Corp., Safeway, Inc., The Kroger Co., Walgreen Co. re #712 MOTION To Exclude Opinions Of Dr. Keith Leffler Retailer Plaintiffs' Notice of Filing Under Seal (Refsin, Barry)
December 15, 2017 Filing 842 NOTICE OF MANUAL FILING by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund End-Payor Plaintiffs' Notice of Manual Filing Under Seal Plaintiffs' Memorandum in Opposition to Defendants' Motion to Exclude Testimony of Plaintiffs' Expert Paul DeBree, and all exhibits thereto (Orenstein, Nathaniel)
December 15, 2017 Filing 841 NOTICE OF MANUAL FILING by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund End-Payor Plaintiffs' Notice of Manual Filing Under Seal End-Payor Plaintiffs' Memorandum in Opposition to Defendants' Motion to Exclude Testimony of Dr. Richard G. Frank; Declaration of Michael M. Buchman in Opposition to Defendants' Motion to Exclude Testimony of Dr. Richard G. Frank, and all exhibits thereto (Orenstein, Nathaniel)
December 15, 2017 Filing 840 NOTICE OF MANUAL FILING by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. Notice of Filing Under Seal Defendants' Opposition to Plaintiffs' Motion to Exclude Certain Portions of the Expert Testimony of Tamar Howson and Dennis Carlton (Baldridge, James)
December 15, 2017 Filing 839 NOTICE OF MANUAL FILING by Impax Laboratories, Inc. Notice of Filing Under Seal Impax's Opposition to Plaintiffs' Daubert Motion to Exclude Opinions of Dr. Gregory Bell (Baldridge, James)
December 14, 2017 Filing 838 Judge Denise J. Casper: ORDER entered. DPP Class Order. (Maynard, Timothy)
December 13, 2017 Filing 837 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #836 Motion for Extension of Time to File Response/Reply to dispositive and Daubert motions Replies due by 1/5/2018. (Hourihan, Lisa)
December 12, 2017 Filing 836 Joint MOTION for Extension of Time to 01/05/2018 to File Response/Reply Reply Briefs by Impax Laboratories, Inc..(Baldridge, James)
December 12, 2017 Filing 835 MOTION For Entry Of An Order Dismissing With Prejudice Plaintiffs' Claims Arising Out Of The Sandoz And Lupin Settlements As Contemplated By The Court's December 8, 2017 Order by Medicis Pharmaceutical Corp..(Carroll, James)
December 11, 2017 Filing 834 Opposition re #719 MOTION for Summary Judgment On All Claims Arising Out Of Medicis's Settlements With Sandoz And Lupin and Response to Court's December 8, 2017 Electronic Order filed by Albertson's LLC, CVS Pharmacy, Inc., HEB GROCERY CO. LP, Rite Aid Corporation, Rite Aid Hdqtrs. Corp., Safeway, Inc., The Kroger Co., Walgreen Co.. (Perwin, Scott)
December 8, 2017 Filing 833 NOTICE by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. (Defendants' Proposal For Start Dates For The Damages Phase Of Trial (If Required)) (Carroll, James)
December 8, 2017 Filing 832 Judge Denise J. Casper: ELECTRONIC ORDER entered. The Court has reviewed Defendants' motion for summary judgment on all claims arising out of Medicis's settlements with Sandoz and Lupin, D. 719, and its accompanying memorandum of law, D. 723. As noted in Defendants' memorandum, D. 723 at 9, Consolidated Plaintiffs stated in response to Defendants' motion for leave to file that they would agree not to pursue the Section 1 claim regarding Medicis's Sandoz and Lupin agreements upon final approval of their settlements with Sandoz and Lupin, D. 680 at 3. The Court has now granted a final approval of both Plaintiff classes' settlements with Sandoz and Lupin. D. 806; D. 808.To the extent that Plaintiffs contend that they "have not and do not waive their monopolization and attempted monopolization claims vis-a-vis Medicis's agreements with Sandoz and Lupin," D. 680 at 3 n.3, Defendants correctly point out that the Court dismissed Plaintiffs' Section 2 claims in their entirety two years ago, D. 184. D. 723 at 7; see also D. 364 (denying Plaintiffs' motions to amend complaints adding monopolization claims). The course of discovery was premised upon the dismissal of Plaintiffs' Section 2 claim. Plaintiffs may not, therefore, pursue a Section 2 claim on the basis of these agreements or any others.In light of this, the Court assumes that Defendants' motion for summary judgment as to all claims arising out of the settlements with Sandoz and Lupin, D. 719, is now moot. Accordingly, unless the Court hears otherwise from counsel by December 12, it will dismiss this motion as moot.(Hourihan, Lisa)
December 8, 2017 Filing 831 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
December 8, 2017 Filing 830 Transcript of Fairness Hearing held on November 27, 2017, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 12/29/2017. Redacted Transcript Deadline set for 1/8/2018. Release of Transcript Restriction set for 3/8/2018. (Scalfani, Deborah)
December 6, 2017 Filing 829 Letter/request (non-motion) from Plaintiffs regarding start dates for the damages phase of trial. (Barnes, Lauren)
December 5, 2017 Filing 827 Judge Denise J. Casper: ELECTRONIC ORDER entered. As follow up to the parties' status conference on November 27, 2017, D. 822, the Court concludes as follows. Defendants object to Plaintiffs' introduction of a new labeling theory of noninfringement as to the '838 patent. Having been given leave to do so, the Plaintiffs have moved for summary judgment on this ground. D. 664; D. 747; D. 747-1. In connection with the parties' most recent joint status memorandum, D. 765, Defendants reiterated their continuing objection to the untimeliness of this new theory and, alternatively, seek an adjustment of the schedule to allow Defendants sufficient discovery on this matter and more time to oppose Plaintiffs' motion for summary judgment on this matter.Having reviewed the parties' various filings that bear upon this issue, including counsel's letters following the status report, D. 823; D. 825, and Plaintiffs' pending motion for summary judgment as it pertains to this issue, D. 747; D. 747-1, the Court rules as follows. Given that the timing of the disclosures about this theory would be unduly prejudicial to Defendants as to defending the motion for summary judgment, the Court strikes this portion of the Plaintiffs' motion for summary judgment, D. 747; D. 747-1. Accordingly, Defendants need not respond to this portion of the motion. The Court, however, declines to preclude Plaintiffs from relying on this theory at trial. If Plaintiffs intend to pursue this theory at trial, in the interim before trial, counsel for the parties shall work out a schedule addressing Defendants' ability to supplement their expert report to address this issue and they may reopen the deposition of Plaintiffs' expert John Thomas on this topic for a half day (no more than 3.5 hours) to address this issue. All deadlines otherwise remain in place.In regard to Defendants motion to strike Plaintiffs expert, Dr. Schondelmeyer, also raised in the parties' most recent status memorandum, D. 765, the Court notes as follows. In the Court's Memorandum & Order regarding class certification, D. 682, the Court declined to strike this expert's rebuttal report as untimely. D. 682 at 13 n.8. The Court reiterates that declination now and declines Defendants' invitation to revisit this issue. D. 728 at 4 n. 2. The Court, however, did not reach the merits of Dr. Schondelmeyer's opinion, which is now the subject of the Defendants' pending Daubert motion, D. 711; D. 728. The Court will address this motion in due course when it is ripe. (Hourihan, Lisa)
December 4, 2017 Filing 828 Judge Denise J. Casper: ORDER entered. EPP Class Notice Ordrer(Hourihan, Lisa)
December 4, 2017 Filing 826 NOTICE of Change of Address or Firm Name by Monica L. Kiley (Kiley, Monica)
November 30, 2017 Filing 825 Letter/request (non-motion) from Plaintiffs in response to Defendants' November 30th Letter. (Barnes, Lauren)
November 30, 2017 Filing 824 NOTICE OF MANUAL FILING by Impax Laboratories, Inc. Notice of Filing Under Seal November 30, 2017 Letter (Baldridge, James)
November 30, 2017 Filing 823 Letter/request (non-motion) from Defendants - Response to Plaintiffs' November 28 Letter. (Baldridge, James)
November 29, 2017 Filing 821 Objection to #813 Proposed Document(s) submitted,,, by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. . (Baldridge, James)
November 29, 2017 Filing 820 DECLARATION re #818 Assented to MOTION for Entry of An Order Identifying Lead Class Counsel and the Class Representatives, Approving the Form and Manner of Notice, and Appointing a Notice Administrator , #819 Memorandum in Support of Motion, by Direct Purchaser Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Barnes, Lauren)
November 29, 2017 Filing 819 MEMORANDUM in Support re #818 Assented to MOTION for Entry of An Order Identifying Lead Class Counsel and the Class Representatives, Approving the Form and Manner of Notice, and Appointing a Notice Administrator filed by Direct Purchaser Plaintiffs. (Barnes, Lauren)
November 29, 2017 Filing 818 Assented to MOTION for Entry of An Order Identifying Lead Class Counsel and the Class Representatives, Approving the Form and Manner of Notice, and Appointing a Notice Administrator by Direct Purchaser Plaintiffs. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren)
November 29, 2017 Filing 816 Judge Denise J. Casper: Order granting Plaintiffs' Motion for Approval of Plaintiffs' Plan for Class Notice.(Hourihan, Lisa)
November 29, 2017 Filing 815 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #756 Motion to Approve End-Payor Plaintiffs' Plan for Class Notice by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, NECA-IBEW WELFARE TRUST FUND, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund as amended in D. 813. (Hourihan, Lisa)
November 28, 2017 Filing 814 Letter/request (non-motion) from Plaintiffs - follow-up to November 27 status conference. (Attachments: #1 Exhibit)(Barnes, Lauren)
November 28, 2017 Filing 813 Proposed Document(s) submitted by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. Document received: Revised Class Notice and Proposed Order. (Attachments: #1 Exhibit 1 Redline of Previously Submitted Proposed Order, #2 Exhibit 2 Proposed Order, #3 Exhibit 3 Redline of Long Form Class Notice, #4 Exhibit 4 Revised Long Form Class Notice)(Shadowen, Steve)
November 28, 2017 Filing 812 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
November 28, 2017 Filing 811 Transcript of Status Conference held on November 27, 2017, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 12/19/2017. Redacted Transcript Deadline set for 12/29/2017. Release of Transcript Restriction set for 2/26/2018. (Scalfani, Deborah)
November 27, 2017 Filing 822 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 11/27/2017. Court hears from counsel on issue of notice. Pretrial memo remains due 1/17/18. Final Exhibit list extended to 1/31/18. The 2/21/18 date remains in place. Deposition designations with objections and counter designations to be submitted to the Court by 2/28/18. Stipulations of fact to be filed by 1/31/18. Proposed verdict forms and Proposed Agreed to Preliminary instructions to be filed by 2/28/18. 1006 summaries to be filed by 1/31/18. Trial estimate 4-6 weeks. Court hears from counsel re: time limits and will let counsel know closer to trial. The trial schedule will be as follows. March 12th will be a full day, Monday, Wednesday and Friday schedule will be 9-1, Tuesday and Thursday will be 9-4. Counsel to confer and submit proposed date for phase II of the trial. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Steve Shadowen, Thomas Sobol, James Carroll, Danielle Foley, Laurence Schoen, Michael Buchman, J. Douglas Baldridge, Kristin Koger, Scott Perwin, Stewart Bainel and David Sorensen.) (Hourihan, Lisa)
November 27, 2017 Filing 817 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Hearing re Fairness held on 11/27/2017. Court hears from counsel. Court approves settlement and expenses. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Steve Shadowen, Laurence Schoen, Abram Ellis and Zarema Jaramillo.) (Hourihan, Lisa)
November 27, 2017 Filing 810 Judge Denise J. Casper: ELECTRONIC ORDER entered. The Court is now prepared to allow the motion for approval of class notice, D. 756, but in the form amended in D. 764-1. The Court notes that it has considered Defendants objections to class notice and those registered in D. 766 and Plaintiffs responses to same and has concluded that the form and procedure for class notice and opt out proposed (and now revised) by Plaintiffs is appropriate and the Court adopts same.To do so, however, the text in the proposed order, D. 756-1, needs to be amended as it refers to the Declaration of Sean Nation which the Court does not appear to have (although it does have the Declaration of Linda Young and its attachments). It should also be revised to reflect adoption of the notice form in D. 764-1.Also, having now entered the final approval of the Sandoz and Lupin settlements, the proposed notice on p. 3 should be updated to reflect this approval.Counsel should file a revised order for approval of class notice reflecting the changes noted above by close of business on November 28, 2017. (Hourihan, Lisa)
November 27, 2017 Filing 809 Judge Denise J. Casper: ORDER entered granting #699 Motion Reimbursement of Expenses and Service Awards to the Class Representatives. Order Granting Direct Purchaser Settlement Class Plaintiffs' and Class Counsel's Unopposed Motion for Reimbursement of Expenses and Service Awards to the Class Representatives. (Hourihan, Lisa)
November 27, 2017 Filing 808 Judge Denise J. Casper: ORDER entered re: #696 Direct Purchaser Class Plaintiffs' Unopposed Motion for Entry of and Order Granting Final Approval of Sandoz and Lupin Settlements by Direct Purchaser Plaintiffs. Order Approving Direct Purchaser Class Settlements, Granting Final Judgment and Dismissing Direct Purchaser Class Claims against Sandoz and Lupin. (Hourihan, Lisa)
November 27, 2017 Filing 807 Judge Denise J. Casper: ORDER entered re: #693 Motion for Reimbursement of Expenses re 690 MOTION for Settlement End-Payor Class Plaintiffs' Unopposed Motion For Final Approval Of Class Action Settlements With Sandoz, Inc., Lupin Limited, And Lupin Pharmaceuticals, Inc. Order Granting End-Payor Settlement Class Plaintiffs' and Class Counsel's Unopposed Motion for Reimbursement of Expenses. (Hourihan, Lisa)
November 27, 2017 Filing 806 Judge Denise J. Casper: ORDER entered re: #690 Motion for Settlement. Order Approving End-Payor Class Plaintiffs' Settlements with Sandoz, Inc., Lupin Limited and Lupin Pharmaceuticals, Inc.; Entering Final Judgment and Dismissing End-Payor Class Claims Against Sandoz, Inc., Lupin Limited and Lupin Pharmaceuticals, Inc. (Hourihan, Lisa)
November 22, 2017 Filing 805 NOTICE of Withdrawal of Appearance by Matthew D. Kent Withdrawing Appearance of Katherine L. Childers (Kent, Matthew)
November 22, 2017 Filing 804 Supplemental REPLY to Response to #756 MOTION Motion to Approve End-Payor Plaintiffs' Plan for Class Notice In Response to the Letter to the Court Dated November 20, 2017, ECF 766 filed by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Transmittal Declaration of Steve Shadowen, #2 Exhibit A Opt Out Letter, #3 Exhibit B Skelaxin Order, #4 Exhibit C Skelaxin Stipulation, #5 Exhibit D Lidoderm Motion, #6 Exhibit E Lidoderm Letter Response, #7 Exhibit F Lidoderm Reply, #8 Exhibit G Remeron Class Notice, #9 Exhibit H Remeron MoU)(Shadowen, Steve)
November 22, 2017 Filing 803 REDACTION Memo in Support of Defendants' Motion to Exclude Testimony of Thomas G. McGuire - PUBLIC VERSION byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
November 22, 2017 Filing 802 REDACTION Defebdants' Motion to Exclude Testimony of Thomas G. McGuire - PUBLIC VERSION byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
November 22, 2017 Filing 801 REDACTION Memo in Support of Defendants' Motion to Exclude Testimony of Paul DeBree - PUBLIC VERSION byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
November 22, 2017 Filing 800 REDACTION Defebdants' Motion to Exclude Testimony of Paul DeBree - PUBLIC VERSION byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
November 22, 2017 Filing 799 REDACTION Memo in Support of Defendants' Motion to Exclude Testimony of Christopher Baum - PUBLIC VERSION byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
November 22, 2017 Filing 798 REDACTION Defendants' Motion to Exclude Testimony of Christopher Baum - PUBLIC VERSION byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
November 22, 2017 Filing 797 REDACTION Memo In Support of Defendants' Motion to Exclude Testimony of Richard G. Frank - PUBLIC VERSION byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
November 22, 2017 Filing 796 REDACTION Defendants' Motion to Exclude Testimony of Richard G. Frank - PUBLIC VERSION byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
November 22, 2017 Filing 795 REDACTION Memo In Support of Defendants' Motion to Exclude Testimony of Meredith Rosenthal - PUBLIC VERSION byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
November 22, 2017 Filing 794 REDACTION Defendants' Motion to Exclude Testimony of Meredith Rosenthal - PUBLIC VERSION byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
November 22, 2017 Filing 793 REDACTION Memo In Support of Defendants' Motion to Exclude Testimony of John R. Tupman - PUBLIC VERISON byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
November 22, 2017 Filing 792 REDACTION Defebdants' Motion to Exclude Opinions & Testimony of John R. Tupman Jr.-PUBLIC VERSION byImpax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
November 22, 2017 Filing 791 Supplemental MOTION Costs and Expenses re #693 MOTION End-Payor Settlement Class Plaintiffs' and Class Counsel's Unopposed Motion for Reimbursement of Expenses re #690 MOTION for Settlement End-Payor Class Plaintiffs' Unopposed Motion For Final Approval Of Class Action Sett, #690 MOTION for Settlement End-Payor Class Plaintiffs' Unopposed Motion For Final Approval Of Class Action Settlements With Sandoz, Inc., Lupin Limited, And Lupin Pharmaceuticals, Inc. by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Supplemental Declaration of Steve Shadowen in Support of Motion for Costs and Expenses, #2 Exhibit A Buchman Declaration, #3 Exhibit B Coren Declaration, #4 Exhibit C Dugan Declaration, #5 Exhibit D Robertson Declaration, #6 Exhibit E Schirippa Declaration, #7 Exhibit F Steiner Declaration, #8 Text of Proposed Order)(Shadowen, Steve)
November 22, 2017 Filing 790 DECLARATION re #781 Statement of facts, #785 Memorandum in Support of Motion, #788 MOTION to Exclude Certain Portions of the Proposed Expert Testimony of (1) Dr. Robert S. Langer and (2) R. Polk Wagner Public Version, #782 MOTION to Exclude Certain Portions of the Expert Testimony of Dr. Sumanth Addanki and Exclude In Whole the Expert Testimony of Dr. Guy Webster Public Version, #787 Memorandum in Support of Motion, #783 Memorandum in Support of Motion, #789 Memorandum in Support of Motion, #779 MOTION for Partial Summary Judgment Public Version, #786 MOTION to Exclude Portions of the Proposed Expert Testimony of (1) Tamar Howson and (2) Dennis Carlton Public Version, #780 Memorandum in Support of Motion, #784 MOTION to Exclude Opinions of Dr. Gregory Bell Redacted - Public Version Exhibits 1-55 and 63 Filed Under Seal by Consolidated Plaintiffs. (Barnes, Lauren)
November 22, 2017 Filing 789 MEMORANDUM in Support re #788 MOTION to Exclude Certain Portions of the Proposed Expert Testimony of (1) Dr. Robert S. Langer and (2) R. Polk Wagner Public Version Redacted - Public Version filed by Consolidated Plaintiffs. (Barnes, Lauren)
November 22, 2017 Filing 788 MOTION to Exclude Certain Portions of the Proposed Expert Testimony of (1) Dr. Robert S. Langer and (2) R. Polk Wagner Public Version by Consolidated Plaintiffs. (Attachments: #1 [Proposed] Order - Redacted)(Barnes, Lauren)
November 22, 2017 Filing 787 MEMORANDUM in Support re #786 MOTION to Exclude Portions of the Proposed Expert Testimony of (1) Tamar Howson and (2) Dennis Carlton Public Version Redacted - Public Version filed by Consolidated Plaintiffs. (Barnes, Lauren)
November 22, 2017 Filing 786 MOTION to Exclude Portions of the Proposed Expert Testimony of (1) Tamar Howson and (2) Dennis Carlton Public Version by Consolidated Plaintiffs. (Attachments: #1 [Proposed] Order)(Barnes, Lauren)
November 22, 2017 Filing 785 MEMORANDUM in Support re #784 MOTION to Exclude Opinions of Dr. Gregory Bell Redacted - Public Version Redacted - Public Version filed by Consolidated Plaintiffs. (Barnes, Lauren)
November 22, 2017 Filing 784 MOTION to Exclude Opinions of Dr. Gregory Bell Redacted - Public Version by Consolidated Plaintiffs. (Attachments: #1 [Proposed] Order - Redacted)(Barnes, Lauren)
November 22, 2017 Filing 783 MEMORANDUM in Support re #782 MOTION to Exclude Certain Portions of the Expert Testimony of Dr. Sumanth Addanki and Exclude In Whole the Expert Testimony of Dr. Guy Webster Public Version Redacted - Public Version filed by Consolidated Plaintiffs. (Barnes, Lauren)
November 22, 2017 Filing 782 MOTION to Exclude Certain Portions of the Expert Testimony of Dr. Sumanth Addanki and Exclude In Whole the Expert Testimony of Dr. Guy Webster Public Version by Consolidated Plaintiffs. (Attachments: #1 [Proposed] Order)(Barnes, Lauren)
November 22, 2017 Filing 781 STATEMENT of facts re #779 MOTION for Partial Summary Judgment Public Version Redacted - Public Version. (Barnes, Lauren)
November 22, 2017 Filing 780 MEMORANDUM in Support re #779 MOTION for Partial Summary Judgment Public Version Redacted - Public Version filed by Consolidated Plaintiffs. (Barnes, Lauren)
November 22, 2017 Filing 779 MOTION for Partial Summary Judgment Public Version by Consolidated Plaintiffs. (Attachments: #1 [Proposed] Order)(Barnes, Lauren)
November 21, 2017 Filing 778 DECLARATION re #718 MOTION for Summary Judgment Due To Lack Of Causation, #719 MOTION for Summary Judgment On All Claims Arising Out Of Medicis's Settlements With Sandoz And Lupin, #717 MOTION for Summary Judgment On Market Power (PUBLIC VERSIONS) by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit 4, #2 Exhibit 8, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 24, #6 Exhibit 26, #7 Exhibit 27, #8 Exhibit 28, #9 Exhibit 30, #10 Exhibit 70, #11 Exhibit 83, #12 Exhibit 84, #13 Exhibit 85, #14 Exhibit 100, #15 Exhibit 101, #16 Exhibit 107, #17 Exhibit 115, #18 Exhibit 116, #19 Exhibit 117, #20 Exhibit 126, #21 Exhibit 127, #22 Exhibit 128, #23 Exhibit 129, #24 Exhibit 130, #25 Exhibit 131, #26 Exhibit 132, #27 Exhibit 133, #28 Exhibit 139, #29 Exhibit 146, #30 Exhibit 147, #31 Exhibit 154, #32 Exhibit 155, #33 Exhibit 156, #34 Exhibit 157, #35 Exhibit 158, #36 Exhibit 159, #37 Exhibit 160, #38 Exhibit 161, #39 (FILED UNDER SEAL: Exhibits 1-3, 5-7, 9-14, 17-23, 25, 29, 31-69, 71-82, 86-99, 102-106, 108-114, 118-125, 134-138, 140-145, 148-153))(Carroll, James)
November 21, 2017 Filing 777 Statement of Material Facts L.R. 56.1 re #717 MOTION for Summary Judgment On Market Power, #718 MOTION for Summary Judgment Due To Lack Of Causation, #719 MOTION for Summary Judgment On All Claims Arising Out Of Medicis's Settlements With Sandoz And Lupin (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
November 21, 2017 Filing 776 MEMORANDUM in Support re #719 MOTION for Summary Judgment On All Claims Arising Out Of Medicis's Settlements With Sandoz And Lupin (PUBLIC VERSION) filed by Medicis Pharmaceutical Corp.. (Carroll, James)
November 21, 2017 Filing 775 MEMORANDUM in Support re #718 MOTION for Summary Judgment Due To Lack Of Causation (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
November 21, 2017 Filing 774 MEMORANDUM in Support re #717 MOTION for Summary Judgment On Market Power (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
November 21, 2017 Filing 773 DECLARATION re #715 MOTION To Exclude Opinions And Testimony Of John Doll , #711 MOTION To Exclude Opinions Of Dr. Stephen Schondelmeyer , #712 MOTION To Exclude Opinions Of Dr. Keith Leffler , #716 MOTION To Exclude Opinions Of Dr. Arthur Kibbe , #713 MOTION To Exclude Opinions Of John R. Thomas And Peter Hardigan , #714 MOTION To Exclude Opinions And Testimony Of Neelam A. Vashi, M.D. (PUBLIC VERSIONS) by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit 16, #2 Exhibit 18, #3 Exhibit 26, #4 Exhibit 28, #5 Exhibit 29, #6 Exhibit 30, #7 Exhibit 31, #8 Exhibit 32, #9 (FILED UNDER SEAL: Exhibits 1-15, 17, 19-25, 27))(Carroll, James)
November 21, 2017 Filing 772 MEMORANDUM in Support re #716 MOTION To Exclude Opinions Of Dr. Arthur Kibbe (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
November 21, 2017 Filing 771 MEMORANDUM in Support re #715 MOTION To Exclude Opinions And Testimony Of John Doll (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
November 21, 2017 Filing 770 MEMORANDUM in Support re #714 MOTION To Exclude Opinions And Testimony Of Neelam A. Vashi, M.D. (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
November 21, 2017 Filing 769 MEMORANDUM in Support re #713 MOTION To Exclude Opinions Of John R. Thomas And Peter Hardigan (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
November 21, 2017 Filing 768 MEMORANDUM in Support re #712 MOTION To Exclude Opinions Of Dr. Keith Leffler (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
November 21, 2017 Filing 767 MEMORANDUM in Support re #711 MOTION To Exclude Opinions Of Dr. Stephen Schondelmeyer (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
November 21, 2017 Filing 766 Letter to Judge Casper from Peter D. St. Phillip, Jr. regarding proposed Class Notice recently submitted to the Court for approval by EPP Class Counsel. (Hourihan, Lisa)
November 20, 2017 Filing 765 STATUS REPORT Joint Status Report and Jointly Proposed Agenda for November 27, 2017 Status Conference by Consolidated Plaintiffs. (Barnes, Lauren)
November 17, 2017 Filing 764 REPLY to Response to #756 MOTION Motion to Approve End-Payor Plaintiffs' Plan for Class Notice leave to file granted on November 17, 2017 filed by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Exhibit Long Form Class Notice)(Shadowen, Steve)
November 17, 2017 Filing 763 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #762 Motion for Leave to File reply memorandum in further support of End-Payor Plaintiffs Motion for Approval for Plan of Class Notice (ECF No. 756); Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
November 16, 2017 Filing 762 Assented to MOTION for Leave to File Reply in Further Support of End-Payor Plaintiffs' Motion to Approve Class Notice by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Reply Memorandum, #2 Exhibit Amended Long-Form Notice)(Shadowen, Steve)
November 16, 2017 Filing 761 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #760 Motion for Leave to Appear Pro Hac Vice Added Tara L. Reinhart. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (McKillop, Matthew)
November 15, 2017 Filing 760 MOTION for Leave to Appear Pro Hac Vice for admission of Tara L. Reinhart Filing fee: $ 100, receipt number 0101-6888726 by Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit A (Certification of Tara L. Reinhart))(Carroll, James)
November 14, 2017 Filing 759 NOTICE of Withdrawal of Appearance by Sara L. Bensley (Bensley, Sara)
November 14, 2017 Filing 758 Opposition re #756 MOTION Motion to Approve End-Payor Plaintiffs' Plan for Class Notice filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
November 6, 2017 Filing 757 MEMORANDUM in Support re #756 MOTION Motion to Approve End-Payor Plaintiffs' Plan for Class Notice filed by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Affidavit Notice Administrator's Affidavit)(Shadowen, Steve)
November 6, 2017 Filing 756 MOTION Motion to Approve End-Payor Plaintiffs' Plan for Class Notice by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, NECA-IBEW WELFARE TRUST FUND, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Exhibit Proposed Order)(Shadowen, Steve)
November 3, 2017 Filing 754 ELECTRONIC NOTICE of Hearing. Status Conference set for 11/27/2017 02:30 PM in Courtroom 11 before Judge Denise J. Casper. Counsel to file a joint status memo of not more than 5 pages proposing an agenda for the conference by 11/20/17.(Hourihan, Lisa)
November 2, 2017 Filing 725 Joint Letter/request (non-motion) from Lauren Guth Barnes on behalf of Plaintiffs and Defendants requesting a status conference November 27, 2017. (Barnes, Lauren)
November 1, 2017 Filing 720 NOTICE OF MANUAL FILING by Consolidated Plaintiffs Motion for Partial Summary Judgment, Motion to Exclude Certain Portions of the Expert Testimony of Dr. Sumanth Addanki and Exclude in Whole the Expert Testimony of Dr. Guy Webster, Daubert Motion to Exclude Opinions of Dr. Gregory Bell, Motion to Exclude Portions of the Proposed Expert Testimony of (1) Tamar Howson and (2) Dennis Carlton, Motion to Exclude Certain Portions of the Proposed Expert Testimony of (1) Dr. Robert S. Langer and (2) R. Polk Wagner, and accompanying Declaration, Exhibits, Memoranda, Proposed Orders and Supporting Documents. (Barnes, Lauren)
November 1, 2017 Filing 719 MOTION for Summary Judgment On All Claims Arising Out Of Medicis's Settlements With Sandoz And Lupin by Medicis Pharmaceutical Corp..(Carroll, James)
November 1, 2017 Filing 718 MOTION for Summary Judgment Due To Lack Of Causation by Impax Laboratories, Inc., Medicis Pharmaceutical Corp..(Carroll, James)
November 1, 2017 Filing 717 MOTION for Summary Judgment On Market Power by Impax Laboratories, Inc., Medicis Pharmaceutical Corp..(Carroll, James)
November 1, 2017 Filing 716 MOTION To Exclude Opinions Of Dr. Arthur Kibbe by Impax Laboratories, Inc., Medicis Pharmaceutical Corp..(Carroll, James)
November 1, 2017 Filing 715 MOTION To Exclude Opinions And Testimony Of John Doll by Impax Laboratories, Inc., Medicis Pharmaceutical Corp..(Carroll, James)
November 1, 2017 Filing 714 MOTION To Exclude Opinions And Testimony Of Neelam A. Vashi, M.D. by Impax Laboratories, Inc., Medicis Pharmaceutical Corp..(Carroll, James)
November 1, 2017 Filing 713 MOTION To Exclude Opinions Of John R. Thomas And Peter Hardigan by Impax Laboratories, Inc., Medicis Pharmaceutical Corp..(Carroll, James)
November 1, 2017 Filing 712 MOTION To Exclude Opinions Of Dr. Keith Leffler by Impax Laboratories, Inc., Medicis Pharmaceutical Corp..(Carroll, James)
November 1, 2017 Filing 711 MOTION To Exclude Opinions Of Dr. Stephen Schondelmeyer by Impax Laboratories, Inc., Medicis Pharmaceutical Corp..(Carroll, James)
November 1, 2017 Filing 710 NOTICE OF MANUAL FILING by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. Notice of Filing Under Seal Motion to Exclude Testimony of John Tupman (Baldridge, James)
November 1, 2017 Filing 709 NOTICE OF MANUAL FILING by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. Notice of Filing Under Seal Motion to Exclude Testimony of Meredith Rosenthal (Baldridge, James)
November 1, 2017 Filing 708 NOTICE OF MANUAL FILING by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. Notice of Filing Under Seal Motion to Exclude Testimony of Thomas McGuire (Baldridge, James)
November 1, 2017 Filing 707 NOTICE OF MANUAL FILING by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. Notice of Filing Under Seal Motion to Exclude Testimony of Richard Frank (Baldridge, James)
November 1, 2017 Filing 706 NOTICE OF MANUAL FILING by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. Notice of Filing Under Seal Motion to Exclude Testimony of W. Paul DeBree (Baldridge, James)
November 1, 2017 Filing 705 NOTICE OF MANUAL FILING by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. Notice of Filing Under Seal Motion to Exclude Testimony of Christopher Baum (Baldridge, James)
October 31, 2017 Filing 704 Opposition re #689 MOTION for Leave to File Motions for Summary Judgment (Redacted - Public Version) (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
October 31, 2017 Filing 703 RESPONSE to Motion re #667 MOTION for Leave to File Motion For Summary Judgment As To Lupin And Sandoz Counts (REDACTED - Public Version) filed by Consolidated Plaintiffs. (Barnes, Lauren)
October 31, 2017 Filing 702 Opposition re #687 MOTION for Leave to File Motion For Summary Judgment (REDACTED - Public Version) filed by Consolidated Plaintiffs. (Barnes, Lauren)
October 27, 2017 Filing 701 DECLARATION re #699 Assented to MOTION Reimbursement of Expenses and Service Awards to the Class Representatives re #696 MOTION for Settlement Direct Purchaser Class Plaintiffs' Unopposed Motion for Entry of and Order Granting Final Approval of Sandoz and Lu of Lauren Guth Barnes by Direct Purchaser Plaintiffs. (Barnes, Lauren)
October 27, 2017 Filing 700 MEMORANDUM in Support re #699 Assented to MOTION Reimbursement of Expenses and Service Awards to the Class Representatives re #696 MOTION for Settlement Direct Purchaser Class Plaintiffs' Unopposed Motion for Entry of and Order Granting Final Approval of Sandoz and Lu filed by Direct Purchaser Plaintiffs. (Barnes, Lauren)
October 27, 2017 Filing 699 Assented to MOTION Reimbursement of Expenses and Service Awards to the Class Representatives re #696 MOTION for Settlement Direct Purchaser Class Plaintiffs' Unopposed Motion for Entry of and Order Granting Final Approval of Sandoz and Lupin Settlements by Direct Purchaser Plaintiffs. (Attachments: #1 [Proposed] Order)(Barnes, Lauren)
October 27, 2017 Filing 698 DECLARATION re #696 MOTION for Settlement Direct Purchaser Class Plaintiffs' Unopposed Motion for Entry of and Order Granting Final Approval of Sandoz and Lupin Settlements of Lauren G. Barnes and David F. Sorensen by Direct Purchaser Plaintiffs. (Attachments: #1 Declaration by Rachel Christman of KCC, LLC)(Barnes, Lauren)
October 27, 2017 Filing 697 MEMORANDUM in Support re #696 MOTION for Settlement Direct Purchaser Class Plaintiffs' Unopposed Motion for Entry of and Order Granting Final Approval of Sandoz and Lupin Settlements filed by Direct Purchaser Plaintiffs. (Barnes, Lauren)
October 27, 2017 Filing 696 MOTION for Settlement Direct Purchaser Class Plaintiffs' Unopposed Motion for Entry of and Order Granting Final Approval of Sandoz and Lupin Settlements by Direct Purchaser Plaintiffs. (Attachments: #1 [Proposed] Order)(Barnes, Lauren)
October 27, 2017 Filing 695 DECLARATION re #693 MOTION End-Payor Settlement Class Plaintiffs' and Class Counsel's Unopposed Motion for Reimbursement of Expenses re #690 MOTION for Settlement End-Payor Class Plaintiffs' Unopposed Motion For Final Approval Of Class Action Sett Declaration of Co-Lead Counsel Steve Shadowen In Support of End-Payor Settlement Class Plaintiffs' Unopposed Motion for Reimbursement of Expenses by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Exhibit A Declaration of Berman Tabacco Expenses, #2 Exhibit B Declaration of Cohen Milstein Expenses, #3 Exhibit C Declaration of Girard Gibbs Expenses, #4 Exhibit D Declaration of Glancy Prongay Expenses, #5 Exhibit E Declaration of Hilliard & Shadowen Expenses, #6 Exhibit F Declaration of Miller Law Expenses, #7 Exhibit G Declaration of Motley Rice Expenses, #8 Exhibit H Declaration of Pomerantz Expenses, #9 Exhibit I Declaration of Shepherd Finkelman Expenses)(Shadowen, Steve)
October 27, 2017 Filing 694 MEMORANDUM in Support re #693 MOTION End-Payor Settlement Class Plaintiffs' and Class Counsel's Unopposed Motion for Reimbursement of Expenses re #690 MOTION for Settlement End-Payor Class Plaintiffs' Unopposed Motion For Final Approval Of Class Action Sett filed by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Shadowen, Steve)
October 27, 2017 Filing 693 MOTION End-Payor Settlement Class Plaintiffs' and Class Counsel's Unopposed Motion for Reimbursement of Expenses re #690 MOTION for Settlement End-Payor Class Plaintiffs' Unopposed Motion For Final Approval Of Class Action Settlements With Sandoz, Inc., Lupin Limited, And Lupin Pharmaceuticals, Inc. by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Lupin Limited, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Text of Proposed Order)(Shadowen, Steve)
October 27, 2017 Filing 692 DECLARATION re #690 MOTION for Settlement End-Payor Class Plaintiffs' Unopposed Motion For Final Approval Of Class Action Settlements With Sandoz, Inc., Lupin Limited, And Lupin Pharmaceuticals, Inc. by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Exhibit Miller Declaration)(Buchman, Michael)
October 27, 2017 Filing 691 MEMORANDUM in Support re #690 MOTION for Settlement End-Payor Class Plaintiffs' Unopposed Motion For Final Approval Of Class Action Settlements With Sandoz, Inc., Lupin Limited, And Lupin Pharmaceuticals, Inc. filed by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Buchman, Michael)
October 27, 2017 Filing 690 MOTION for Settlement End-Payor Class Plaintiffs' Unopposed Motion For Final Approval Of Class Action Settlements With Sandoz, Inc., Lupin Limited, And Lupin Pharmaceuticals, Inc. by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Text of Proposed Order)(Buchman, Michael)
October 26, 2017 Filing 689 MOTION for Leave to File Motions for Summary Judgment (Redacted - Public Version) by Consolidated Plaintiffs.(Barnes, Lauren)
October 26, 2017 Filing 688 DECLARATION re #687 MOTION for Leave to File Motion For Summary Judgment (PUBLIC VERSION) by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit 1-15 (FILED UNDER SEAL))(Carroll, James)
October 26, 2017 Filing 687 MOTION for Leave to File Motion For Summary Judgment by Impax Laboratories, Inc., Medicis Pharmaceutical Corp..(Carroll, James)
October 26, 2017 Filing 686 Judge Denise J. Casper: ELECTRONIC ORDER entered granting 664 Motion for Leave to File Summary Judgment, #667 Motion for Leave to File Summary Judgment and 670 Motion for Leave to File Summary Judgment. (Hourihan, Lisa)
October 26, 2017 Filing 685 ELECTRONIC NOTICE Setting Hearing on Motions for Summary Judgment. Motion Hearing set for 1/12/2018 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
October 26, 2017 Filing 684 Judge Denise J. Casper: ELECTRONIC ORDER entered. Motion for leave to file MSJs ALLOWED. The schedule for doing so remains that set in D. 353: MSJ motions due on 11/1; opposition due on 12/15/17; and replies due on January 3rd. Hearing to address summary judgment motions on Friday, January 12, 2018 at 2 p.m. Briefing for MSJ and opposition shall, respectively, not exceed twenty (20) pages. Reply brief shall not exceed ten (10) pages.(Hourihan, Lisa)
October 25, 2017 Filing 683 NOTICE of Appearance by Norman Berman on behalf of Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund (Berman, Norman)
October 16, 2017 Filing 682 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS DPPs' motion for class certification, D. 574, and ALLOWS EPPs' motion for class certification, D. 569, under Fed. R. Civ. P. 23(b)(3), excluding Montana consumer protection claims, and DENIES EPPs' motion for class certification, D. 569, under Fed. R. Civ. P. 23(b)(2).(Hourihan, Lisa)
October 16, 2017 Filing 680 RESPONSE to Motion re #667 MOTION for Leave to File Motion For Summary Judgment As To Lupin And Sandoz Counts (Corrected) filed by Consolidated Plaintiffs. (Barnes, Lauren)
October 12, 2017 Filing 677 DECLARATION (Transmittal Declaration Of Sean M. Tepe, Esq. In Support Of Defendants Medicis Pharmaceutical Corp.'s and Impax Laboratories, Inc.'s Opposition To Plaintiffs' Motion for Leave to File Motions for Summary Judgment) by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibits 3 -11 (FILED UNDER SEAL))(Carroll, James)
October 12, 2017 Filing 674 DECLARATION of Kiersten A. Taylor ISO Plaintiffs' Opposition to Defendant's Motion for Leave to File Motion for Summary Judgment and Plaintiffs' Response to Defendant Medicis's Motion for Leave to File Motion for Summary Judgment as to Lupin and Sandoz Counts by Consolidated Plaintiffs. (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B (Filed Under Seal), #3 Exhibit C (Filed Under Seal), #4 Exhibit D (Filed Under Seal), #5 Exhibit E)(Taylor, Kiersten)
October 12, 2017 Filing 673 NOTICE OF MANUAL FILING by Consolidated Plaintiffs Opposition to Defendant's Motion for Leave to File Motion for Summary Judgment and Plaintiffs' Response to Defendant Medicis's Motion for Leave to File Summary Judgment as to the Lupin and Sandoz Counts (Barnes, Lauren)
October 9, 2017 Filing 672 MEMORANDUM in Opposition re #642 MOTION to Strike New Expert Opinions Raised In The Rebuttal Report Of Dr. Stephen W. Schondelmeyer (Public Version) filed by Consolidated Plaintiffs. (Barnes, Lauren)
October 5, 2017 Filing 669 DECLARATION (Transmittal Declaration Of Sean M. Tepe, Esq. In Support Of Defendants Medicis Pharmaceutical Corp.'s and Impax Laboratories, Inc.'s Motion for Leave to File Motion for Summary Judgment) by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibits 1 - 15 (FILED UNDER SEAL))(Carroll, James)
October 5, 2017 Filing 668 DECLARATION re #667 MOTION for Leave to File Motion For Summary Judgment As To Lupin And Sandoz Counts by Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Carroll, James)
October 5, 2017 Filing 667 MOTION for Leave to File Motion For Summary Judgment As To Lupin And Sandoz Counts by Medicis Pharmaceutical Corp..(Carroll, James)
October 5, 2017 Filing 666 DECLARATION re #665 Notice of Manual Filing of Motion for Leave to file Motions for Summary Judgment by Consolidated Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Barnes, Lauren)
October 5, 2017 Filing 665 NOTICE OF MANUAL FILING by Consolidated Plaintiffs Motion for Leave to File Motions for Summary Jugment and Exhibits 1-3, 5 and 6 of the Declaration of Lauren Barnes (Barnes, Lauren)
October 5, 2017 Filing 663 Supplemental MEMORANDUM in Opposition re #569 MOTION to Certify Class -End-Payor Plaintiffs' Motion For Class Certification- (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Baldridge, James)
October 3, 2017 Filing 662 NOTICE of Withdrawal of Appearance by Justin P. O'Brien (O'Brien, Justin)
October 3, 2017 Filing 661 NOTICE of Withdrawal of Appearance by William H. Kettlewell (Kettlewell, William)
September 29, 2017 Filing 660 DECLARATION re #642 MOTION to Strike New Expert Opinions Raised In The Rebuttal Report Of Dr. Stephen W. Schondelmeyer (PUBLIC VERSION) by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
September 29, 2017 Filing 659 MEMORANDUM in Support re #642 MOTION to Strike New Expert Opinions Raised In The Rebuttal Report Of Dr. Stephen W. Schondelmeyer (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
September 26, 2017 Filing 657 DECLARATION re #656 Memorandum in Opposition to Motion to Strike New Expert Opinions in the Rebuttal Report of Dr. Stephen W. Schondelmeyer by Consolidated Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Barnes, Lauren)
September 26, 2017 Filing 656 MEMORANDUM in Opposition re #642 MOTION to Strike New Expert Opinions Raised In The Rebuttal Report Of Dr. Stephen W. Schondelmeyer [Filed Under Seal] filed by Consolidated Plaintiffs. (Barnes, Lauren)
September 26, 2017 Filing 655 NOTICE of Appearance by Joseph L Demeo on behalf of Impax Laboratories, Inc. (Demeo, Joseph)
September 26, 2017 Filing 654 NOTICE OF MANUAL FILING by Consolidated Plaintiffs Opposition to Defendants' Motion to Strike New Expert Opinions in the Rebuttal Report of Dr. Stephen W. Schondelmeyer (Barnes, Lauren)
September 26, 2017 Filing 653 NOTICE of Appearance by Lawrence S. Delaney on behalf of Impax Laboratories, Inc. (Delaney, Lawrence)
September 25, 2017 Filing 652 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
September 25, 2017 Filing 651 Transcript of Motion Hearing held on September 14, 2017, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 10/16/2017. Redacted Transcript Deadline set for 10/26/2017. Release of Transcript Restriction set for 12/26/2017. (Scalfani, Deborah)
September 21, 2017 Filing 649 NOTICE OF MANUAL FILING by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund End-Payor Plaintiffs' Response to Defendants' Supplemental Memorandum In Support of Opposition to End-Payor Plaintiffs' Motion For Class Certification (Buchman, Michael)
September 15, 2017 Filing 647 NOTICE of Withdrawal of Appearance by Thomas G. Shapiro (Shapiro, Thomas)
September 15, 2017 Filing 646 NOTICE OF MANUAL FILING by Impax Laboratories, Inc. Defendants Supplemental Memorandum in Support of Opposition (Baldridge, James)
September 14, 2017 Filing 645 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 9/14/2017 re #569 MOTION to Certify Class -End-Payor Plaintiffs' Motion For Class Certification- filed by International Union of Operating Engineers Local 132 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Insurance Trust Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Allied Services Division Welfare Fund, Local 274 Health & Welfare Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, Fraternal Order of Police, Fort Lauderdale Lodge 31, Man-U Service Contract Trust Fund, City of Providence, Rhode Island, #574 MOTION to Certify Class filed by Direct Purchaser Plaintiffs. Arguments. Court takes under advisement #569 Motion to Certify Class; takes under advisement #574 Motion to Certify Class. Plaintiffs to respond to defendants' supplemental memorandum in support of opposition to end-payor plaintiffs' motion for class certification by 9/21/17. Response should be no more than 5 pages and may attach other pages of the deposition. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Andrew Curley, Steve Shadowen, James Carroll, Michael Buchman, Kristin Koger, Thomas Sobol, Sean Nation, Caitlin Goldwater Caslett, Doug Baldrige, Richardo Woolrey.) (Hourihan, Lisa)
September 12, 2017 Filing 643 DECLARATION re #641 Reply to Response to Motion,,, (PUBLIC VERSION) by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Buchman, Michael)
September 12, 2017 Filing 642 MOTION to Strike New Expert Opinions Raised In The Rebuttal Report Of Dr. Stephen W. Schondelmeyer by Impax Laboratories, Inc., Medicis Pharmaceutical Corp..(Carroll, James)
September 12, 2017 Filing 641 REPLY to Response to #569 MOTION to Certify Class -End-Payor Plaintiffs' Motion For Class Certification- (PUBLIC VERSION) filed by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Buchman, Michael)
September 8, 2017 Filing 640 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #639 Motion for Leave to Appear Pro Hac Vice Added Daniel Evan Rubenstein. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Hourihan, Lisa)
September 7, 2017 Filing 639 MOTION for Leave to Appear Pro Hac Vice for admission of Daniel Evan Rubenstein Filing fee: $ 100, receipt number 0101-6784639 by Direct Purchaser Plaintiffs. (Attachments: #1 Affidavit)(Barnes, Lauren)
September 5, 2017 Filing 638 Notice of Supplemental Authorities re #574 MOTION to Certify Class (Submitted In Further Support Of #611 Defendants' Opposition To Direct Purchaser Plaintiffs' Motion For Class Certification) (Attachments: #1 Exhibit A)(Carroll, James)
September 5, 2017 Filing 637 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #636 Motion for Leave to File Notice Of Supplemental Authority In Further Opposition To 574 Direct Purchaser Plaintiffs' Motion For Class Certification by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. (Hourihan, Lisa)
September 1, 2017 Filing 636 Assented to MOTION for Leave to File Notice Of Supplemental Authority In Further Opposition To #574 Direct Purchaser Plaintiffs' Motion For Class Certification by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit A)(Carroll, James)
August 29, 2017 Filing 635 NOTICE of Appearance by Kiersten Taylor on behalf of Direct Purchaser Plaintiffs (Taylor, Kiersten)
August 29, 2017 Filing 634 Notice of Supplemental Authorities re #574 MOTION to Certify Class by Direct Purchaser Plaintiffs (Attachments: #1 Exhibit A)(Barnes, Lauren)
August 29, 2017 Filing 633 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #622 Motion for Leave to Appear Pro Hac Vice Added Frazar Wright Thomas. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Hourihan, Lisa)
August 22, 2017 Filing 628 DECLARATION re #627 Reply to Response to Motion by Lauren Guth Barnes by Direct Purchaser Plaintiffs. (Attachments: #1 Exhibit 57 [Filed Under Seal], #2 Exhibit 58 [Filed Under Seal], #3 Exhibit 59, #4 Exhibit 60)(Barnes, Lauren)
August 22, 2017 Filing 627 REPLY to Response to #574 MOTION to Certify Class [Filed Under Seal] filed by Direct Purchaser Plaintiffs. (Barnes, Lauren)
August 22, 2017 Filing 626 NOTICE OF MANUAL FILING by Direct Purchaser Plaintiffs Reply Memorandum in Support of Motion for Class Certification, Exhibits 57-58 of the Declaration of Lauren Guth Barnes [Filed Under Seal] (Barnes, Lauren)
August 22, 2017 Filing 625 NOTICE OF MANUAL FILING by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund (Buchman, Michael)
August 21, 2017 Filing 623 MOTION for Leave to File Supplemental Expert Report Of Dr. John Johnson, IV In Further Opposition To Direct Purchaser Plaintiffs' Motion For Class Certification by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit A)(Carroll, James)
August 15, 2017 Filing 622 MOTION for Leave to Appear Pro Hac Vice for admission of Frazar Wright Thomas Filing fee: $ 100, receipt number 0101-6754935 by United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Exhibit A)(Orenstein, Nathaniel)
August 15, 2017 Filing 621 NOTICE of Change of Address or Firm Name by Nathaniel L. Orenstein (Orenstein, Nathaniel)
August 10, 2017 Filing 620 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #615 Motion for Leave to Appear Pro Hac Vice Added April D. Lambert. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Hourihan, Lisa)
August 7, 2017 Filing 619 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
August 7, 2017 Filing 618 Transcript of Status Conference held on July 20, 2017, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 8/28/2017. Redacted Transcript Deadline set for 9/7/2017. Release of Transcript Restriction set for 11/6/2017. (Scalfani, Deborah)
August 3, 2017 Filing 617 Judge Denise J. Casper: ELECTRONIC ORDER entered. Plaintiff's rebuttal class certification brief still due 8/22/17 but counsel can make any rebuttal arguments at the 9/14/17 hearing.(Hourihan, Lisa)
August 2, 2017 Filing 616 Judge Denise J. Casper: ELECTRONIC ORDER entered. After reviewing D. 613 and D. 614, the Court will hear oral argument only. As to EPP motion for class certification, D. 569, the Court will give each side 30 minutes (including rebuttal time). As to DPP motion for class certification, D. 574, the Court will give each side 30 minutes (including rebuttal time).(Hourihan, Lisa)
July 26, 2017 Filing 615 MOTION for Leave to Appear Pro Hac Vice for admission of April Dawn Lambert Filing fee: $ 100, receipt number 0101-6727171 by Direct Purchaser Plaintiffs. (Attachments: #1 Affidavit)(Barnes, Lauren)
July 21, 2017 Filing 614 NOTICE by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. Defendants' Statement of Position Regarding Conduct of Class Certification Hearing (Baldridge, James)
July 21, 2017 Filing 613 NOTICE by Direct Purchaser Plaintiffs re 608 Status Conference,,, JOINT STATEMENT OF THE DIRECT PURCHASER CLASS PLAINTIFFS AND END-PAYOR CLASS PLAINTIFFS CONCERNING STRUCTURE OF THE SEPTEMBER 14, 2017 CLASS CERTIFICATION HEARING (Curley, Andrew)
July 21, 2017 Filing 612 DECLARATION re #611 Opposition to Motion (PUBLIC VERSION) by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Carroll, James)
July 21, 2017 Filing 611 Opposition re #574 MOTION to Certify Class by Direct Purchaser Plaintiffs (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
July 21, 2017 Filing 610 DECLARATION re #609 Opposition to Motion, (PUBLIC VERSION) by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Baldridge, James)
July 21, 2017 Filing 609 Opposition re #569 MOTION to Certify Class -End-Payor Plaintiffs' Motion For Class Certification- (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Text of Proposed Order)(Baldridge, James)
July 20, 2017 Filing 608 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 7/20/2017. Court hears from counsel regarding expert depositions that remain, the expert rebuttal reports and filing of reply brief to class certification. Expert depositions to be held in Philadelphia. Johnson deposition set for 8/21/17 and Leonard deposition set for 8/22/17. Plaintiffs' rebuttal expert report may be amended given schedule. Court reserves when reply brief will be filed and will enter ECF order. Counsel may file a one page notice regarding hearing on motion for class certification by 7/21/17. Hearing on class certification will be oral argument only. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Andrew Curley, James Carroll, Sean Tepe, Zarema Jaramillo, Michael Buchman, Eric Bloom, Kristin Koger, Lauren Razkin, Thomas Sobol.) (Hourihan, Lisa)
July 19, 2017 Filing 607 ELECTRONIC NOTICE Setting Hearing on Motion #569 MOTION to Certify Class -End-Payor Plaintiffs' Motion For Class Certification-, #574 MOTION to Certify Class : Motion Hearing set for 9/14/2017 02:00 PM in Courtroom 11 before Judge Denise J. Casper. Note that this ECF entry is made just to link the appropriate motion with the 9/14/17 motion hearing date which was already scheduled through D. 353 on 9/16/16.(Hourihan, Lisa)
July 14, 2017 Filing 606 ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 7/20/2017 03:45 PM in Courtroom 11 before Judge Denise J. Casper. NOTE TIME CHANGE ONLY(Hourihan, Lisa)
July 13, 2017 Filing 605 STATUS REPORT AND PROPOSED AGENDA (JOINT) by Direct Purchaser Plaintiffs. (Curley, Andrew)
July 13, 2017 Filing 604 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER GRANTING #585 Motion to Strike. Medicis' opposition to plaintiffs' motion to strike was originally due on June 9, 2017. On June 13, 2017, this Court approved the parties' stipulation extending the time to respond to the motion to June 16, 2017. To date, Medicis has not filed a response to plaintiffs' motion to strike. Accordingly, the motion is granted as unopposed. (York, Steve)
July 11, 2017 Filing 603 Judge Denise J. Casper: ELECTRONIC ORDER entered re #595 Notice (Other) filed by City of Providence, Rhode Island. Reviewed and Approved. (Hourihan, Lisa)
July 10, 2017 Filing 602 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #601 Motion for Leave to Appear Pro Hac Vice Added Alfred Luke Smith. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
July 7, 2017 Filing 601 MOTION for Leave to Appear Pro Hac Vice for admission of A. Luke Smith Filing fee: $ 100, receipt number 0101-6702030 by Direct Purchaser Plaintiffs. (Attachments: #1 Affidavit)(Barnes, Lauren)
July 7, 2017 Filing 600 NOTICE of Change of Address or Firm Name by Lee Albert (Albert, Lee)
June 30, 2017 Filing 597 NOTICE by Impax Laboratories, Inc. Notice of Filing Under Seal Defendants' Memorandum of Law in Opposition to End-Payor Plaintiffs' Motion for Class Certification and Declaration of K. Koger with Exhibits A-D (Baldridge, James)
June 29, 2017 Filing 596 NOTICE of Withdrawal of Appearance by Glen DeValerio (DeValerio, Glen)
June 28, 2017 Filing 595 NOTICE by City of Providence, Rhode Island Notice of Filing Notice Administrator Report and Request (Attachments: #1 Exhibit A: Miller Declaration)(Buchman, Michael)
June 15, 2017 Filing 594 REDACTION to #585 MOTION to Strike --- Plaintiffs' Motion to Strike Portions of the Errata Sheet of Medicis Designee Craig Olson byConsolidated Plaintiffs. (Attachments: #1 Unsealed Exhibit 1, #2 Unsealed Exhibit 2)(Barnes, Lauren)
June 13, 2017 Filing 593 Magistrate Judge Jennifer C. Boal: ORDER entered. Stipulation and Order(York, Steve)
June 13, 2017 Filing 592 ELECTRONIC NOTICE Setting Hearing on Motion #585 MOTION to Strike --- Plaintiffs' Motion to Strike Portions of the Errata Sheet of Medicis Designee Craig Olson : A Motion Hearing is set for 7/20/2017 at 10:00 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve)
June 9, 2017 Filing 591 STIPULATION AND [PROPOSED] ORDER Extending Medicis's Time To File Opposition To #585 Plaintiffs' Motion To Strike by Medicis Pharmaceutical Corp.. (Carroll, James)
June 8, 2017 Filing 590 ELECTRONIC NOTICE OF RESCHEDULING. In light of the Joint Status Report, D. 589, the Court reschedules the Status Conference for 7/20/2017 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
June 7, 2017 Filing 589 STATUS REPORT by Consolidated Plaintiffs. (Barnes, Lauren)
May 31, 2017 Filing 588 Judge Denise J. Casper: ELECTRONIC ORDER entered. REFERRING MOTION #585 MOTION to Strike --- Plaintiffs' Motion to Strike Portions of the Errata Sheet of Medicis Designee Craig Olson filed by Consolidated Plaintiffs to Chief Magistrate Judge Boal(Hourihan, Lisa) Motions referred to Jennifer C. Boal.
May 26, 2017 Filing 585 MOTION to Strike --- Plaintiffs' Motion to Strike Portions of the Errata Sheet of Medicis Designee Craig Olson by Consolidated Plaintiffs. (Attachments: #1 Memorandum (Filed Under Seal), #2 Declaration (Exs. 1-6 Filed Under Seal), #3 Proposed Order)(Barnes, Lauren)
May 26, 2017 Filing 584 NOTICE OF MANUAL FILING by Consolidated Plaintiffs (Barnes, Lauren)
May 8, 2017 Filing 583 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 5/8/2017. Counsel update the Court on the status. Further Status Conference set for 6/14/2017 03:00 PM in Courtroom 11 before Judge Denise J. Casper. Status Conference will be held by telephone. Counsel to call in to the Teleconference number at 888-675-2535, access code 8274618. Joint proposed agenda to be submitted to the Court by 6/7/17. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Andrew Curley, James Carroll, Sean Tepe, Erin Durba, Eric Bloom and Kirstin Koger.) (Hourihan, Lisa)
May 8, 2017 Filing 582 Judge Denise J. Casper: ELECTRONIC ORDER entered re #529 Order on Motion to Compel. Pursuant to Fed. R. Civ. P. 72(a), Plaintiffs have objected to the ruling, entered at D. 529, denying the re-deposition of Trevor Bond. Bond, a former Medicis employee, was deposed in his individual capacity and as a Rule 30(b)(6) representative for over 10 hours over the course of two days. After the deposition and, at Plaintiffs' request, Medicis produced certain forecasting spreadsheets prepared by Bond. The parties do not dispute that Bond was deposed at length about forecasting and that Plaintiffs had documents reflecting same at the time of his deposition, but Plaintiffs contend that the later produced spreadsheets contained greater levels of detail about which they could not question Bond. However, having reviewed the Order of the Court (Boal, Ch. M.J.), the transcript of the motion hearing, D. 539 at 1-19, and the parties' filings in regard to this objection, D. 556, 557, 560, 561, 562, the Court does not conclude that the Order was clearly erroneous or contrary to law, particularly where the magistrate judge reviewed the motion papers, held a hearing and concluded, as this Court does, that, having had the benefit of a lengthy deposition that covered the forecasting and documents regarding same, Plaintiffs are not unduly prejudiced if they do not get an opportunity for a re-deposition. Accordingly, the objection is OVERRULED and D. 529 shall stand.(Hourihan, Lisa)
May 5, 2017 Filing 581 ELECTRONIC NOTICE Canceling Hearing. In light of entry #580 Withdrawal of motion re: #491 MOTION to Compel, the Court hereby cancels the Motion hearing previously set for May 8, 2017 at 11:30 a.m. before Magistrate Judge Jennifer C. Boal. (York, Steve)
May 5, 2017 Filing 580 Withdrawal of motion: #491 MOTION to Compel The Production Of Documents From End-Payor Plaintiffs filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp... (Baldridge, James)
May 5, 2017 Filing 579 NOTICE OF MANUAL FILING by Direct Purchaser Plaintiffs --- Direct Purchaser Plaintiffs' Notice of Filing Under Seal Amended Exhibit 5 to the Declaration of Caitlin Coslett in support of Direct Purchaser Plaintiffs' Motion for Class Certification (Expert Report of John Thomas) (Barnes, Lauren)
May 3, 2017 Filing 578 STATUS REPORT AND PROPOSED AGENDA (JOINT) by Direct Purchaser Plaintiffs. (Curley, Andrew)
May 2, 2017 Filing 574 MOTION to Certify Class by Direct Purchaser Plaintiffs. (Attachments: #1 Exhibit Memorandum of Law FILED UNDER SEAL, #2 Exhibit Declaration of Caitlin Coslett FILED UNDER SEAL, #3 Text of Proposed Order, #4 Exhibit Trial Plan)(Barnes, Lauren)
May 2, 2017 Filing 573 NOTICE OF MANUAL FILING by Direct Purchaser Plaintiffs (Barnes, Lauren)
May 2, 2017 Filing 572 NOTICE OF MANUAL FILING by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund re #571 Declaration,,,,, -End-Payor Plaintiffs' Notice of Manual Filing Under Seal- (Buchman, Michael)
May 2, 2017 Filing 571 DECLARATION re #570 Memorandum in Support of Motion,,, #569 MOTION to Certify Class -End-Payor Plaintiffs' Motion For Class Certification- Declaration of Michael M. Buchman- by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21)(Buchman, Michael)
May 2, 2017 Filing 570 MEMORANDUM in Support re #569 MOTION to Certify Class -End-Payor Plaintiffs' Motion For Class Certification- filed by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Buchman, Michael)
May 2, 2017 Filing 569 MOTION to Certify Class -End-Payor Plaintiffs' Motion For Class Certification- by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund.(Buchman, Michael)
May 1, 2017 Filing 568 NOTICE of Change of Address or Firm Name by Monica L. Kiley (Kiley, Monica)
April 27, 2017 Filing 567 ELECTRONIC NOTICE OF RESCHEDULING - In light of the clarification in D. 559, the Fairness Hearing is reset for 11/27/2017 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
April 27, 2017 Filing 566 ELECTRONIC NOTICE Resetting Hearing on Motion #491 MOTION to Compel The Production Of Documents From End-Payor Plaintiffs. The Motion Hearing has been rescheduled for May 8, 2017 at 11:30 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve)
April 27, 2017 Filing 565 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #564 Joint Motion to Continue Hearing on Motion to Compel to May 8, 2017. (York, Steve)
April 26, 2017 Filing 564 Joint MOTION to Continue Hearing on Motion to Compel to May 8, 2017 JOINT MOTION TO CONTINUE MAY 1, 2017 HEARING ON DEFENDANTS' MOTION TO COMPEL PRODUCTION OF DOCUMENTS FROM END-PAYOR PLAINTIFFS by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, Impax Laboratories, Inc., International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Medicis Pharmaceutical Corp., Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Text of Proposed Order)(Baldridge, James)
April 21, 2017 Filing 563 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #558 Motion for Extension of Time for the submission of class certification briefs and class and merits expert reports. STIPULATION and PROPOSED ORDER AMENDING THE SCHEDULE by Direct Purchaser Plaintiffs. (Maynard, Timothy)
April 20, 2017 Filing 562 Response by Medicis Pharmaceutical Corp. In Opposition To Plaintiffs' Objection To The April 3, 2017 Order. (Carroll, James)
April 19, 2017 Filing 559 Letter/request (non-motion) from Lauren Guth Barnes RE Fairness Hearing for Sandoz and Lupin Settlements. (Barnes, Lauren)
April 18, 2017 Filing 558 Motion for Extension of Time for the submission of class certification briefs and class and merits expert reports. STIPULATION and PROPOSED ORDER AMENDING THE SCHEDULE by Direct Purchaser Plaintiffs. (Curley, Andrew) Modified on 4/20/2017 (Maynard, Timothy).
April 14, 2017 Filing 556 NOTICE OF MANUAL FILING by Direct Purchaser Plaintiffs of Plaintiffs Objection to the April 3, 2017 Order (ECF No. 529) (Curley, Andrew)
April 14, 2017 Filing 555 Judge Denise J. Casper: ORDER entered. Order Preliminarily Approving End-Payor Class Plaintiffs Settlements with Sandoz, Inc., Lupin Pharmaceuticals, Inc. and Lupin Limited. Fairness Hearing set for 9/26/2017 03:00 PM in Courtroom 11 before Judge Denise J. Casper.(Hourihan, Lisa)
April 14, 2017 Filing 554 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #531 Motion for Settlement of End-Payor Class Plaintiffs' Motion For Preliminary Approval Of Class Action Settlements With Sandoz, Inc., Lupin Limited And Lupin Pharmaceuticals, Inc. - by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Hourihan, Lisa)
April 14, 2017 Filing 553 Judge Denise J. Casper: ORDER entered. Order granting Direct Purchaser Class Plaintiffs' Unopposed Motion for Class Certification for Purposes of Settlement, Appointment of Class Counsel, Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class, and Setting the Final Settlement Schedule and Date for a Fairness Hearing. Fairness Hearing set for 9/26/2017 03:00 PM in Courtroom 11 before Judge Denise J. Casper.(Hourihan, Lisa)
April 14, 2017 Filing 552 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #535 Motion for Settlement Direct Purchaser Plaintiffs' Motion for Class Certification for Purposes of Settlement, Appointment of Class Counsel, Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class, and Setting the Final Settlement Schedule and Date for a Fairness Hearing by Consolidated Plaintiffs. (Hourihan, Lisa)
April 13, 2017 Filing 551 NOTICE by Lupin Limited, Lupin Pharmaceuticals, Inc. of Compliance with 28 U.S.C. Section 1715 (Jaramillo, Zarema)
April 13, 2017 Filing 550 NOTICE by Sandoz Inc. of Compliance with 28 U.S.C. Section 1715 (Schoen, Laurence)
April 11, 2017 Filing 549 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
April 11, 2017 Filing 548 Transcript of Status Conference held on March 29, 2017, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 5/2/2017. Redacted Transcript Deadline set for 5/12/2017. Release of Transcript Restriction set for 7/10/2017. (Scalfani, Deborah)
April 7, 2017 Filing 547 NOTICE of Withdrawal of Appearance by Kathleen A. Federico (Federico, Kathleen)
April 7, 2017 Filing 546 NOTICE of Withdrawal of Appearance by Grace V. Bacon Garcia (Garcia, Grace)
April 7, 2017 Filing 545 ELECTRONIC NOTICE Setting Hearing on Motion #491 MOTION to Compel The Production Of Documents From End-Payor Plaintiffs: A Motion Hearing set is for May 1, 2017 at 2:30 p.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve)
April 6, 2017 Filing 543 DECLARATION re #542 Memorandum in Support of Motion (PUBLIC VERSION) by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Carroll, James)
April 6, 2017 Filing 542 MEMORANDUM in Support re #491 MOTION to Compel The Production Of Documents From End-Payor Plaintiffs (PUBLIC VERSION) filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
April 5, 2017 Filing 540 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
April 5, 2017 Filing 539 Transcript of Motion Hearing held on March 29, 2017, before Ch. Magistrate Judge Jennifer C. Boal. The Transcript may be purchased through Maryann Young at yts2@verizon.net, viewed at the public terminal, or viewed through PACER after it is released. No Reporter Used. Digital Recording transcribed by Maryann Young. Redaction Request due 4/26/2017. Redacted Transcript Deadline set for 5/8/2017. Release of Transcript Restriction set for 7/5/2017. (Scalfani, Deborah)
April 4, 2017 Filing 538 NOTICE OF MANUAL FILING by Consolidated Plaintiffs --- Direct Purchaser Plaintiffs' Notice of Filing Exhibits 3, 6, and 9 to the Declaration of Lauren Guth Barnes Under Seal (Barnes, Lauren)
April 4, 2017 Filing 537 AFFIDAVIT in Support re #535 MOTION for Settlement --- Direct Purchaser Plaintiffs' Motion for Class Certification for Purposes of Settlement, Appointment of Class Counsel, Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class filed by Consolidated Plaintiffs. (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4, #5 Ex. 5, #6 Ex. 6, #7 Ex. 7, #8 Ex. 8, #9 Ex. 9, #10 Ex. 10, #11 Ex. 11)(Barnes, Lauren)
April 4, 2017 Filing 536 MEMORANDUM in Support re #535 MOTION for Settlement --- Direct Purchaser Plaintiffs' Motion for Class Certification for Purposes of Settlement, Appointment of Class Counsel, Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class filed by Consolidated Plaintiffs. (Barnes, Lauren)
April 4, 2017 Filing 535 MOTION for Settlement --- Direct Purchaser Plaintiffs' Motion for Class Certification for Purposes of Settlement, Appointment of Class Counsel, Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class, and Setting the Final Settlement Schedule and Date for a Fairness Hearing by Consolidated Plaintiffs. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren)
April 4, 2017 Filing 534 NOTICE OF MANUAL FILING by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund re #533 Declaration,,,, - End Payor Class Plaintiffs' Notice Of Manual Filing Under Seal (Buchman, Michael)
April 4, 2017 Filing 533 DECLARATION re #531 MOTION for Settlement - End-Payor Class Plaintiffs' Motion For Preliminary Approval Of Class Action Settlements With Sandoz, Inc., Lupin Limited And Lupin Pharmaceuticals, Inc. - Declaration Of Michael M. Buchman - by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (under seal), #3 Exhibit 3, #4 Exhibit 4 (under seal), #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 (under seal), #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Buchman, Michael)
April 4, 2017 Filing 532 MEMORANDUM in Support re #531 MOTION for Settlement - End-Payor Class Plaintiffs' Motion For Preliminary Approval Of Class Action Settlements With Sandoz, Inc., Lupin Limited And Lupin Pharmaceuticals, Inc. - filed by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Buchman, Michael)
April 4, 2017 Filing 531 MOTION for Settlement - End-Payor Class Plaintiffs' Motion For Preliminary Approval Of Class Action Settlements With Sandoz, Inc., Lupin Limited And Lupin Pharmaceuticals, Inc. - by Allied Services Division Welfare Fund, City of Providence, Rhode Island, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, International Union of Operating Engineers Local 132 Health and Welfare Fund, International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund, Local 274 Health & Welfare Fund, Man-U Service Contract Trust Fund, Heather Morgan, Painters District Council No. 30 Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund, Sheet Metal Workers Local No. 25 Health & Welfare Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Text of Proposed Order)(Buchman, Michael)
April 3, 2017 Filing 530 ELECTRONIC NOTICE issued requesting courtesy copy for #526 Memorandum in Opposition to Motion, #527 Declaration. Counsel who filed this document are requested to submit a courtesy copy of these documents to the Clerk's Office by close of business 4/5/2017. These documents must be bound in a binder, clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (York, Steve)
April 3, 2017 Filing 529 Magistrate Judge Jennifer C. Boal: ORDER entered denying #451 Motion to Compel (York, Steve)
April 3, 2017 Filing 528 Magistrate Judge Jennifer C. Boal: ORDER entered granting in part and denying in part #469 Motion for Protective Order; denying #480 Motion to Compel; denying #481 Motion to Compel (York, Steve)
March 31, 2017 Filing 527 DECLARATION re #526 Memorandum in Opposition to Motion Declaration of Michael Buchman by City of Providence, Rhode Island. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Buchman, Michael)
March 31, 2017 Filing 526 MEMORANDUM in Opposition re #491 MOTION to Compel The Production Of Documents From End-Payor Plaintiffs filed by City of Providence, Rhode Island. (Buchman, Michael)
March 31, 2017 Filing 525 Letter/request (non-motion) from Erin Durba re Preliminary Settlement Approval. (Durba, Erin)
March 30, 2017 Filing 523 DECLARATION re #472 Memorandum in Opposition to Motion, (PUBLIC VERSION) by Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Carroll, James)
March 30, 2017 Filing 522 DECLARATION re #521 Sur-Reply to Motion, by Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (Under Seal))(Carroll, James)
March 30, 2017 Filing 521 SUR-REPLY to Motion re #451 MOTION to Compel --- Plaintiffs' Motion to Compel Defendant Medicis Pharmaceutical Corp. to Produce Trevor Bond as a Witness in His Individual Capacity and a Rule 30(b)(6) Witness and to Produce Responsive Documents filed by Medicis Pharmaceutical Corp.. (Carroll, James)
March 30, 2017 Filing 520 Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Motion Hearing held on 3/29/2017 re #480 Motion to Compel. #454 Motion for Protective Order, #469 Amended Motion for Protective Order, #481 Motion to Compel, #451 Motion to Compel. The Court heard arguments from the parties and took the matter under advisement. The Court grants #514 Motion for Leave to File Sur-Reply Memorandum and Supporting Declaration; The Court also grants #518 Motion for Leave to Appear Pro Hac Vice of Jamie R. Kurtz. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. ; (Court Reporter: Digital Recording.) To order a copy of this Digital Recording, please go to #http://www.mad.uscourts.gov/attorneys/Magistrate-Audio.htm . For a transcript of this proceeding, contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov. (Attorneys present: Buchman & Curley for plaintiffs; Tepe, Foley & Jenner for defendants; Garcia, Foundas & Kurtz for Objectors;) (York, Steve)
March 29, 2017 Filing 519 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 3/29/2017. Class cert briefs not to exceed 30 pages either side, 2 opening briefs and 2 opposition briefs. Reply briefs limited to 15 pages. Although the parties may use the 45 pages as they see fit. As to the expert depositions, one deposition for each expert. Further Status Conference set for 5/8/2017 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Andrew Curley, James Carroll, Danielle Foley, Sean Tepe, Michael Buchman, Eric Bloom, Christian Jenner and Scott Perwin.) (Hourihan, Lisa)
March 27, 2017 Filing 518 MOTION for Leave to Appear Pro Hac Vice for admission of Jamie R. Kurtz Filing fee: $ 100, receipt number 0101-6553546 by National Medical Health Card Systems, Inc., OptumRx, Inc., United HealthCare Services, Inc.. (Attachments: #1 Affidavit of Jamie R. Kurtz)(Foundas, Peter)
March 27, 2017 Filing 517 NOTICE of Appearance by Peter N. Foundas on behalf of National Medical Health Card Systems, Inc., OptumRx, Inc., United HealthCare Services, Inc. (Foundas, Peter)
March 24, 2017 Filing 515 STATUS REPORT AND PROPOSED AGENDA (JOINT) by Consolidated Plaintiffs. (Curley, Andrew)
March 24, 2017 Filing 514 MOTION for Leave to File Sur-Reply Memorandum And Supporting Declaration In Further Opposition To #451 Plaintiffs' Motion To Compel Medicis To Produce Trevor Bond As A Witness In His Individual Capacity And A Rule 30(b)(6) Witness And To Produce Responsive Documents by Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Carroll, James)
March 24, 2017 Filing 513 Withdrawal of motion: #479 MOTION to Compel Caremark PHC, LLC and AdvancePCS SpecialtyRX, LLC filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp... (Jenner, Christian)
March 23, 2017 Filing 512 ELECTRONIC NOTICE Setting Hearing on Motion. In addition to the previously scheduled Motion Hearing set for 3/29/2017 at 2:30 p.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. The Court will also hear oral arguments on #469 Amended MOTION for Protective Order ; #479 MOTION to Compel Caremark PHC, LLC and AdvancePCS SpecialtyRX, LLC; #479 MOTION to Compel Caremark PHC, LLC and AdvancePCS SpecialtyRX, LLC; #480 MOTION to Compel California Physicians' Service; #481 MOTION to Compel United Healthcare Services, Inc., Optumrx, Inc. And National Medical Health Card Systems, Inc. To Produce Documents In Response To Subpoena Duces Tecum; (York, Steve)
March 22, 2017 Filing 511 Withdrawal of motion: #482 MOTION to Compel Prime Therapeutics LLC To Produce Documents In Response To Subpoena Duces Tecum filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp... (Jenner, Christian)
March 22, 2017 Filing 510 Opposition re #481 MOTION to Compel United Healthcare Services, Inc., Optumrx, Inc. And National Medical Health Card Systems, Inc. To Produce Documents In Response To Subpoena Duces Tecum filed by National Medical Health Card Systems, Inc., OptumRx, Inc., United HealthCare Services, Inc.. (Attachments: #1 Affidavit of Jeremy L. Johnson, #2 Exhibit A to Declaration of Jeremy L. Johnson)(Gleason, Jeffrey)
March 22, 2017 Filing 509 NOTICE of Appearance by Jeffrey S. Gleason on behalf of United HealthCare Services, Inc., OptumRx, Inc., National Medical Health Card Systems, Inc. (Gleason, Jeffrey)
March 21, 2017 Filing 507 NOTICE of Appearance by Kathleen A. Federico on behalf of California Physicians' Service d/b/a Blue Shield of California (Federico, Kathleen)
March 21, 2017 Filing 506 Opposition re #480 MOTION to Compel California Physicians' Service filed by California Physicians' Service d/b/a Blue Shield of California. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Garcia, Grace)
March 21, 2017 Filing 505 NOTICE of Appearance by Grace V. Bacon Garcia on behalf of California Physicians' Service d/b/a Blue Shield of California (Garcia, Grace)
March 21, 2017 Filing 504 NOTICE OF MANUAL FILING by Consolidated Plaintiffs (Curley, Andrew)
March 21, 2017 Filing 503 MEMORANDUM in Opposition re #480 MOTION to Compel California Physicians' Service, #479 MOTION to Compel Caremark PHC, LLC and AdvancePCS SpecialtyRX, LLC, #482 MOTION to Compel Prime Therapeutics LLC To Produce Documents In Response To Subpoena Duces Tecum, #481 MOTION to Compel United Healthcare Services, Inc., Optumrx, Inc. And National Medical Health Card Systems, Inc. To Produce Documents In Response To Subpoena Duces Tecum filed by Consolidated Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Barnes, Lauren)
March 21, 2017 Filing 502 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. re #481 MOTION to Compel United Healthcare Services, Inc., Optumrx, Inc. And National Medical Health Card Systems, Inc. To Produce Documents In Response To Subpoena Duces Tecum . (Jenner, Christian)
March 21, 2017 Filing 501 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. re #482 MOTION to Compel Prime Therapeutics LLC To Produce Documents In Response To Subpoena Duces Tecum . (Jenner, Christian)
March 21, 2017 Filing 500 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. re #480 MOTION to Compel California Physicians' Service . (Jenner, Christian)
March 21, 2017 Filing 499 CERTIFICATE OF SERVICE pursuant to LR 5.2 by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. re #479 MOTION to Compel Caremark PHC, LLC and AdvancePCS SpecialtyRX, LLC . (Jenner, Christian)
March 21, 2017 Filing 498 ELECTRONIC NOTICE issued requesting courtesy copy for 496 Exhibit, #491 MOTION to Compel The Production Of Documents From End-Payor Plaintiffs, 495 Exhibit, 494 Memorandum in Support of Motion. Counsel who filed this document are requested to submit a courtesy copy of this documents to the Clerk's Office by close of business 3/21/2017. These documents must be bound in a binder, clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (York, Steve)
March 20, 2017 Filing 497 Judge Denise J. Casper: ELECTRONIC ORDER entered. REFERRING MOTION #491 MOTION to Compel The Production Of Documents From End-Payor Plaintiffs filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. to Chief Magistrate Judge Boal(Hourihan, Lisa) Motions referred to Jennifer C. Boal.
March 17, 2017 Filing 493 AFFIDAVIT of Sumanth Addaki in Opposition re #469 Amended MOTION for Protective Order filed by Impax Laboratories, Inc., Matrix Laboratories Ltd.. (Jenner, Christian)
March 17, 2017 Filing 492 Opposition re #469 Amended MOTION for Protective Order filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Jenner, Christian)
March 17, 2017 Filing 491 MOTION to Compel The Production Of Documents From End-Payor Plaintiffs by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Proposed Order)(Carroll, James)
March 17, 2017 Filing 490 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #488 Motion for Leave to File Plaintiffs Reply in Support of their Motion to Compel Defendant Medicis Pharmaceutical Corp. to Produce Trevor Bond as a Witness in his Individual Capacity and a Rule 30(b)(6) Witness and to Produce Responsive Documents; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (York, Steve)
March 17, 2017 Filing 489 NOTICE by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp. Notice of Name Change (Rebuck, Monica)
March 17, 2017 Filing 488 MOTION for Leave to File Plaintiffs Reply in Support of their Motion to Compel Defendant Medicis Pharmaceutical Corp. to Produce Trevor Bond as a Witness in his Individual Capacity and a Rule 30(b)(6) Witness and to Produce Responsive Documents by Consolidated Plaintiffs. (Attachments: #1 Exhibit A [FILED UNDER SEAL], #2 Exhibit B)(Curley, Andrew)
March 17, 2017 Filing 487 NOTICE OF MANUAL FILING by Consolidated Plaintiffs (Curley, Andrew)
March 16, 2017 Filing 486 Judge Denise J. Casper: ELECTRONIC ORDER entered. REFERRING MOTION #480 MOTION to Compel California Physicians' Service filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp., #479 MOTION to Compel Caremark PHC, LLC and AdvancePCS SpecialtyRX, LLC filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp., #482 MOTION to Compel Prime Therapeutics LLC To Produce Documents In Response To Subpoena Duces Tecum filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp., #481 MOTION to Compel United Healthcare Services, Inc., Optumrx, Inc. And National Medical Health Card Systems, Inc. To Produce Documents In Response To Subpoena Duces Tecum filed by Impax Laboratories, Inc., Medicis Pharmaceutical Corp. to Chief Magistrate Judge Boal(Hourihan, Lisa) Motions referred to Jennifer C. Boal.
March 16, 2017 Filing 485 ELECTRONIC NOTICE of Hearing. Status Conference set for 3/29/2017 04:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
March 16, 2017 Filing 484 Judge Denise J. Casper: ELECTRONIC ORDER entered denying as moot #477 Motion for Extension of Time in Light of Filing of D. 479-482. (Hourihan, Lisa)
March 16, 2017 Filing 483 ELECTRONIC NOTICE issued requesting courtesy copy for #480 MOTION to Compel. #479 MOTION to Compel. #482 MOTION to Compel. #481 MOTION to Compel. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 4/20/2017. These documents must be bound in a binder, clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (York, Steve)
March 15, 2017 Filing 482 MOTION to Compel Prime Therapeutics LLC To Produce Documents In Response To Subpoena Duces Tecum by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Jenner, Christian)
March 15, 2017 Filing 481 MOTION to Compel United Healthcare Services, Inc., Optumrx, Inc. And National Medical Health Card Systems, Inc. To Produce Documents In Response To Subpoena Duces Tecum by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Jenner, Christian)
March 15, 2017 Filing 480 MOTION to Compel California Physicians' Service by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit Subpoena, #2 Exhibit Meet and confer letter, #3 Exhibit Blue Shield Response)(Wray, William)
March 15, 2017 Filing 479 MOTION to Compel Caremark PHC, LLC and AdvancePCS SpecialtyRX, LLC by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit CVS Caremark Website, #2 Exhibit Fictitious Business Name Statement, #3 Exhibit Subpoenas, #4 Affidavit Declaration of Stephen Nelson, #5 Exhibit Recipients' objections, #6 Errata Correspondence to Defense counsel, #7 Exhibit Mass. SoS Filing, #8 Exhibit Annual Report)(Wray, William)
March 15, 2017 Filing 478 STIPULATION AND [PROPOSED] ORDER Regarding Parties' Responses To Interrogatories by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
March 15, 2017 Filing 477 Assented to MOTION for Extension of Time to 3/17/17 to File Motions to Compel Non-Party Discovery by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit A)(Jenner, Christian)
March 13, 2017 Filing 476 STIPULATION AND [PROPOSED] ORDER Extending Time For Filing Motions To Compel by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
March 13, 2017 Filing 475 Letter/request (non-motion) from Lauren Guth Barnes regarding status conference scheduling. (Barnes, Lauren)
March 10, 2017 Filing 473 DECLARATION re #472 Memorandum in Opposition to Motion, And Exhibits by Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 [Filed Under Seal], #5 Exhibit 5 [Filed Under Seal], #6 Exhibit 6, #7 Exhibit 7)(Carroll, James)
March 10, 2017 Filing 472 MEMORANDUM in Opposition re #451 MOTION to Compel --- Plaintiffs' Motion to Compel Defendant Medicis Pharmaceutical Corp. to Produce Trevor Bond as a Witness in His Individual Capacity and a Rule 30(b)(6) Witness and to Produce Responsive Documents filed by Medicis Pharmaceutical Corp.. (Carroll, James)
March 10, 2017 Filing 471 STIPULATION and Proposed Order Setting Time to Respond to End-Payor Plaintiffs' Motion for Protective Order by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Jenner, Christian)
March 9, 2017 Filing 470 Amended MEMORANDUM in Support re #469 Amended MOTION for Protective Order filed by City of Providence, Rhode Island. (Buchman, Michael)
March 9, 2017 Filing 469 Amended MOTION for Protective Order by City of Providence, Rhode Island.(Buchman, Michael)
March 9, 2017 Filing 468 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
March 9, 2017 Filing 467 Transcript of Status Conference held on March 6, 2017, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 3/30/2017. Redacted Transcript Deadline set for 4/10/2017. Release of Transcript Restriction set for 6/7/2017. (Scalfani, Deborah)
March 6, 2017 Filing 466 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 3/6/2017. Court hears from counsel. Court grants in part #452 Motion for Extension of Time. Motions to Compel regarding third-party production are now due to be filed by 3/15/17. Opposition to be filed by 3/22/17. Court imposes a 5 page limit for both filings. Any motions filed will be heard by Judge Boal. Third-party depositions extended to 4/14/17. Remainder of schedule outlined in D. 353 remain in place. Counsel to confer for next status date. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Andrew Curley, James Carroll, Danielle Foley, Sean Tepe, Michael Buchman, Eric Bloom, Kristin Koger, Jessica MacAuley, Christian Jenner.) (Hourihan, Lisa)
March 3, 2017 Filing 465 Opposition re #452 MOTION for Extension of Time to To Complete Non-Party Discovery filed by Consolidated Plaintiffs. (Attachments: #1 Declaration, #2 Ex. A to Declaration, #3 Ex. B to Declaration, #4 Ex. C to Declaration, #5 Ex. D to Declaration, #6 Ex. E to Declaration, #7 Ex. F to Declaration, #8 Ex. G to Declaration)(Barnes, Lauren)
March 3, 2017 Filing 464 STATUS REPORT --- Joint Status Report and Proposed Agenda by Consolidated Plaintiffs. (Barnes, Lauren)
March 1, 2017 Filing 463 ELECTRONIC NOTICE Setting Hearing on Motion #451 MOTION to Compel; and #454 MOTION for Protective Order : A Motion Hearing is set for 3/29/2017 at 2:30 p.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve)
March 1, 2017 Filing 462 ELECTRONIC NOTICE of Hearing. Status Conference set for 3/6/2017 02:00 PM in Courtroom 11 before Judge Denise J. Casper. The Court notes that defendants filed motion to modify scheduling order to extend time to complete non-party discovery, D. 452. It is noted in the motion that plaintiffs' oppose the relief requested. Given a status conference has been set for 3/6/17, the Court orders any opposition to D. 452 be filed by 3/3/17 so the Court can hear from the parties on 3/6/17.(Hourihan, Lisa)
March 1, 2017 Filing 461 Judge Denise J. Casper: Stipulation and Order Regarding Continuing Discussions About Parties' Responses to Interrogatories, Requests for Production and 30(B)(6) Depositions. (Hourihan, Lisa)
February 27, 2017 Filing 460 NOTICE of Change of Address or Firm Name by James Douglas Baldridge (Baldridge, James)
February 27, 2017 Filing 459 Judge Denise J. Casper: ELECTRONIC ORDER entered. REFERRING MOTION #454 MOTION for Protective Order filed by City of Providence, Rhode Island, #451 MOTION to Compel --- Plaintiffs' Motion to Compel Defendant Medicis Pharmaceutical Corp. to Produce Trevor Bond as a Witness in His Individual Capacity and a Rule 30(b)(6) Witness and to Produce Responsive Documents filed by Consolidated Plaintiffs to Chief Magistrate Judge Boal(Hourihan, Lisa) Motions referred to Jennifer C. Boal.
February 24, 2017 Filing 458 STIPULATION AND [PROPOSED] ORDER Regarding Continuing Discussions About Parties Responses To Interrogatories, Requests For Production And 30(b)(6) Depositions by Plaintiffs and by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Carroll, James)
February 24, 2017 Filing 457 DECLARATION re #454 MOTION for Protective Order by City of Providence, Rhode Island. (Attachments: #1 Exhibit A)(Buchman, Michael)
February 24, 2017 Filing 456 MEMORANDUM in Support re #454 MOTION for Protective Order filed by City of Providence, Rhode Island. (Buchman, Michael)
February 24, 2017 Filing 455 DECLARATION re #452 MOTION for Extension of Time to To Complete Non-Party Discovery by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Carroll, James)
February 24, 2017 Filing 454 MOTION for Protective Order by City of Providence, Rhode Island. (Attachments: #1 Text of Proposed Order)(Buchman, Michael)
February 24, 2017 Filing 453 MEMORANDUM in Support re #452 MOTION for Extension of Time to To Complete Non-Party Discovery filed by Medicis Pharmaceutical Corp.. (Carroll, James)
February 24, 2017 Filing 452 MOTION for Extension of Time to To Complete Non-Party Discovery by Impax Laboratories, Inc., Medicis Pharmaceutical Corp.. (Attachments: #1 Text of Proposed Order)(Carroll, James)
February 24, 2017 Filing 451 MOTION to Compel --- Plaintiffs' Motion to Compel Defendant Medicis Pharmaceutical Corp. to Produce Trevor Bond as a Witness in His Individual Capacity and a Rule 30(b)(6) Witness and to Produce Responsive Documents by Consolidated Plaintiffs. (Attachments: #1 Memorandum [FILED UNDER SEAL], #2 Declaration of Andrew C. Curley [Exhibits 1-16 Filed Under Seal], #3 Proposed Order)(Barnes, Lauren)
February 24, 2017 Filing 450 NOTICE OF MANUAL FILING by Consolidated Plaintiffs (Barnes, Lauren)
February 22, 2017 Filing 449 Withdrawal of motion: #438 MOTION to Compel --- Plaintiffs' Motion to Compel Defendant Medicis Pharmaceutical Corp. to Provide Complete Responses to Plaintiffs' First Joint Set of Interrogatories Nos. 8 and 9 filed by Consolidated Plaintiffs.. (Barnes, Lauren)
February 17, 2017 Filing 448 Letter/request (non-motion) from Lauren G. Barnes . (Barnes, Lauren)
February 14, 2017 Filing 447 NOTICE of Withdrawal of Appearance by Samuel R. Rowley (Rowley, Samuel)
February 14, 2017 Filing 446 NOTICE of Withdrawal of Appearance by Katie Glynn (Glynn, Katie)
February 14, 2017 Filing 445 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #433 Motion for Leave to Appear Pro Hac Vice Added David S. Scalia. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
February 14, 2017 Filing 444 NOTICE of Change of Address or Firm Name by Zarema A. Jaramillo and Leiv H. Blad (Jaramillo, Zarema)
February 13, 2017 Filing 443 Withdrawal of motion: #432 MOTION for Leave to Appear Pro Hac Vice for admission of Art Sadin Filing fee: $ 100, receipt number 0101-6465462 filed by Allied Services Division Welfare Fund.. (Shapiro, Thomas)
February 10, 2017 Filing 442 STIPULATION Regarding Testimony of Dr. Eugene Gans by Consolidated Plaintiffs. (Sobol, Thomas)
February 10, 2017 Filing 441 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #439 Motion for Leave to Appear Pro Hac Vice Added Lanson L. Bordelon. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
February 10, 2017 Filing 440 Judge Denise J. Casper: ELECTRONIC ORDER entered. REFERRING MOTION #438 MOTION to Compel --- Plaintiffs' Motion to Compel Defendant Medicis Pharmaceutical Corp. to Provide Complete Responses to Plaintiffs' First Joint Set of Interrogatories Nos. 8 and 9 filed by Consolidated Plaintiffs to Chief Magistrate Judge Boal(Hourihan, Lisa) Motions referred to Jennifer C. Boal.
February 8, 2017 Filing 439 MOTION for Leave to Appear Pro Hac Vice for admission of Lanson L. Bordelon Filing fee: $ 100, receipt number 0101-6489366 by Allied Services Division Welfare Fund. (Attachments: #1 Exhibit A)(Shapiro, Thomas)
February 8, 2017 Filing 438 MOTION to Compel --- Plaintiffs' Motion to Compel Defendant Medicis Pharmaceutical Corp. to Provide Complete Responses to Plaintiffs' First Joint Set of Interrogatories Nos. 8 and 9 by Consolidated Plaintiffs. (Attachments: #1 Memorandum [FILED UNDER SEAL], #2 Declaration of Lauren Guth Barnes [Exhibits 1-5 FILED UNDER SEAL], #3 Proposed Order)(Barnes, Lauren)
February 8, 2017 Filing 437 NOTICE OF MANUAL FILING by Consolidated Plaintiffs (Barnes, Lauren)
January 30, 2017 Filing 436 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
January 30, 2017 Filing 435 Transcript of Status Conference held on January 20, 2017, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 2/20/2017. Redacted Transcript Deadline set for 3/2/2017. Release of Transcript Restriction set for 5/1/2017. (Scalfani, Deborah)
January 27, 2017 Filing 434 NOTICE OF MANUAL FILING by Impax Laboratories, Inc. re #421 Notice of Manual Filing REDACTED (Baldridge, James)
January 24, 2017 Filing 433 MOTION for Leave to Appear Pro Hac Vice for admission of David S. Scalia Filing fee: $ 100, receipt number 0101-6465531 by Allied Services Division Welfare Fund. (Attachments: #1 Exhibit A)(Shapiro, Thomas)
January 24, 2017 Filing 432 MOTION for Leave to Appear Pro Hac Vice for admission of Art Sadin Filing fee: $ 100, receipt number 0101-6465462 by Allied Services Division Welfare Fund. (Attachments: #1 Exhibit A)(Shapiro, Thomas)
January 20, 2017 Filing 431 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 1/20/2017. Parties discussed discovery-related matters. Medicis has until February 3, 2017 to produce data-related information and to answer outstanding questions from plaintiffs on this issue. By February 3, 2017 Medicis to confirm whether they've identified and are producing any additional data. The parties are to meet and confer about what questions remain. Meet and confer should take place prior to the next status conference. Counsel to confer and report to the clerk on agreed upon status conference date. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Andrew Curley, James Carroll, Danielle Foley, Lisa Jose Fales, Sean Tepe, Michael Buchman, Eric Bloom, Kristin Koger, Jessica MacAuley, Samuel Rowley and Lauren Ravkind.) (Hourihan, Lisa)
January 20, 2017 Filing 430 NOTICE of Appearance by William K. Wray, Jr on behalf of Impax Laboratories, Inc., Medicis Pharmaceutical Corp. (Wray, William)
January 20, 2017 Filing 429 NOTICE of Appearance by Christian R. Jenner on behalf of Impax Laboratories, Inc., Medicis Pharmaceutical Corp. (Jenner, Christian)
January 13, 2017 Filing 428 STATUS REPORT by Consolidated Plaintiffs. (Barnes, Lauren)
January 13, 2017 Filing 427 NOTICE of Withdrawal of Appearance by J. Douglas Richards (Richards, J.)
January 13, 2017 Filing 426 REDACTION to #419 Notice of Manual Filing byConsolidated Plaintiffs. (Thiel, Daniel)
January 12, 2017 Filing 425 ELECTRONIC NOTICE Canceling Hearing. In light of the parties submission, #424 Letter. The Court hereby cancels the oral argument Hearing previously set for January 13, 2017 at 11:30 a.m. before Magistrate Judge Jennifer C. Boal. (York, Steve)
January 12, 2017 Filing 424 Letter/request (non-motion) from Lauren G. Barnes re: adjourning January 13, 2017 hearing. (Barnes, Lauren)
January 10, 2017 Filing 423 NOTICE by Fraternal Order of Police, Fort Lauderdale Lodge 31 of Change of Firm Affiliation and Address (Goldstein, Jayne)
January 6, 2017 Filing 421 NOTICE OF MANUAL FILING by Impax Laboratories, Inc. Letter from J. Douglas Baldridge, Esq. to The Honorable Jennifer C. Boal dated January 6, 2017 re #419 Notice of Manual Filing (Baldridge, James)
December 30, 2016 Filing 419 NOTICE OF MANUAL FILING by Consolidated Plaintiffs (Thiel, Daniel)
December 27, 2016 Filing 418 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
December 27, 2016 Filing 417 Transcript of Status Conference held on November 30, 2016, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 1/17/2017. Redacted Transcript Deadline set for 1/27/2017. Release of Transcript Restriction set for 3/27/2017. (Scalfani, Deborah)
December 23, 2016 Filing 416 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered. After review and consideration of the parties' proposals for a briefing schedule on plaintiffs' challenges to Impax's privilege logs, the Court orders as follows: Plaintiffs shall file their brief no later than December 30, 2016. Impax shall file its response no later than January 6, 2017. The parties' briefs shall be limited to 8 double-spaced pages. The Court will hear oral argument on January 13, 2017 at 11:30 a.m. (Hearing set for 1/13/2017 11:30 AM in Courtroom 14 before Magistrate Judge Jennifer C. Boal.)(Nicewicz, Craig)
December 23, 2016 Filing 415 Judge Denise J. Casper: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Jennifer C. Boal for briefing and resolving issue of Impax's privilege logs as outlined in D. 414. (Hourihan, Lisa)
December 22, 2016 Filing 414 Joint Letter/request (non-motion) from Daniel P. Thiel to Judge Casper re Court Intervention. (Thiel, Daniel)
December 21, 2016 Filing 413 ELECTRONIC ENDORSEMENT re #412 Letter/request (non-motion). Leave is granted to 12/22/16 to report back to the Court by joint letter as to whether plaintiffs will seek Court's intervention re: production of the withheld emails and attachments. If matter not resolved, dispute will be referred to Magistrate Judge Boal for briefing, if any, and resolution. (Hourihan, Lisa)
December 20, 2016 Filing 412 Joint Letter/request (non-motion) from Daniel Thiel to Judge Casper on Impax Privilege Log Challenges. (Thiel, Daniel)
December 12, 2016 Filing 411 ELECTRONIC ENDORSEMENT re #410 Letter/request (non-motion). The Court grants the parties until 12/20/16 to resolve all outstanding issues or, alternatively, submit a joint letter identifying any outstanding issues requiring the Court's intervention. (Hourihan, Lisa)
December 9, 2016 Filing 410 Joint Letter/request (non-motion) from Eric Bloom to Judge Casper on Impax Privilege Log Challenges . (Bloom, Eric)
December 6, 2016 Filing 409 ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 1/20/2017 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
December 6, 2016 Filing 408 Judge Denise J. Casper: ORDER entered granting #386 Motion for Leave to Appear Pro Hac Vice Added Erin Durba. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
November 30, 2016 Filing 407 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 11/30/2016. Discussed 30(b)(6) designations and deadlines. Designations should be made by end of week, if possible. Plaintiff to respond to letter from Impax by 12/2/16. Counsel to notify the court by joint letter by 12/9/16 if they need Courts intervention. Status Conference set for 1/13/2017 02:00 PM in Courtroom 11 before Judge Denise J. Casper. Counsel to submit joint status memo before the 1/13/17 conference. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Andrew Curley, James carroll, Danielle Foley, Lisa Jose Fales, Sean Tepe, Zarema Jaramillo, Eric Bloom and Anna Neill.) (Hourihan, Lisa)
November 23, 2016 Filing 406 STATUS REPORT Joint Status Report and Proposed Agenda by Consolidated Plaintiffs, Defendants. (BLAD, LEIV)
November 18, 2016 Filing 405 Magistrate Judge Jennifer C. Boal: ORDER entered. ORDER ON PLAINTIFFS CHALLENGE TO PRIVILEGE LOG ENTRIES. (York, Steve)
November 18, 2016 Filing 404 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #397 Motion for Leave to Appear Pro Hac Vice Added Barry Taus. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
November 18, 2016 Filing 403 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #396 Motion for Leave to Appear Pro Hac Vice Added Daniel P. Thiel. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
November 9, 2016 Filing 402 DECLARATION re #401 Response of Sara L. Bensley (PUBLIC VERSION) by Medicis Pharmaceutical Corp.. (Carroll, James)
November 9, 2016 Filing 401 Response by Medicis Pharmaceutical Corp. to #399 Letter/request (non-motion) (PUBLIC VERSION). (Carroll, James)
November 9, 2016 Filing 400 Letter/request (non-motion) from J. Douglas Baldridge dated October 20, 2016 RE Joint Submission on Privilege Challenges (PUBLIC VERSION). (Attachments: #1 Certificate of Service)(Baldridge, James)
November 8, 2016 Filing 399 Letter/request (non-motion) from Lauren Guth Barnes dated October 19, 2016 RE Joint Submission on Privilege Challenges (PUBLIC VERSION). (Attachments: #1 Affidavit, #2 Certificate of Service)(Barnes, Lauren)
November 4, 2016 Filing 398 JOINT STATEMENT of counsel Regarding Plaintiffs' Challenges To Privilege Log Entries. (Attachments: #1 Exhibit P-1, #2 Exhibit P-2, #3 Exhibit P-3, #4 Exhibit P-4, #5 Exhibit P-5, #6 Exhibit P-6, #7 Exhibit P-7, #8 Exhibit P-8, #9 Exhibit P-9, #10 Exhibit P-10, #11 Exhibit P-11, #12 Exhibit P-12, #13 Exhibit P-13, #14 Exhibit P-14, #15 Exhibit P-15, #16 Exhibit P-16, #17 Exhibit D-1, #18 Exhibit D-2, #19 Exhibit D-3, #20 Exhibit D-4)(Carroll, James)
November 3, 2016 Filing 397 MOTION for Leave to Appear Pro Hac Vice for admission of Barry Taus Filing fee: $ 100, receipt number 0101-6360152 by Consolidated Plaintiffs. (Attachments: #1 Affidavit)(Barnes, Lauren)
November 2, 2016 Filing 396 MOTION for Leave to Appear Pro Hac Vice for admission of Daniel P. Thiel Filing fee: $ 100, receipt number 0101-6359278 by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.. (Attachments: #1 Exhibit A)(Rebuck, Monica)
November 1, 2016 Filing 395 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
November 1, 2016 Filing 394 Transcript of Status Conference held on October 27, 2016, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 11/22/2016. Redacted Transcript Deadline set for 12/2/2016. Release of Transcript Restriction set for 1/30/2017. (Scalfani, Deborah)
November 1, 2016 Filing 393 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
November 1, 2016 Filing 392 Transcript of Motion Hearing held on October 27, 2016, before Ch. Magistrate Judge Jennifer C. Boal. The Transcript may be purchased through Maryann Young at yts2@verizon.net, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter: No Reporter Used. Digital Recording transcribed by Maryann Young. Redaction Request due 11/22/2016. Redacted Transcript Deadline set for 12/2/2016. Release of Transcript Restriction set for 1/30/2017. (Scalfani, Deborah)
October 31, 2016 Filing 391 Response by Medicis Pharmaceutical Corp. to #388 Response (Defendant Medicis's Corrections And Clarifications To Plaintiffs' Summary Of Sample Medicis Documents Submitted For In Camera Review). (Carroll, James)
October 27, 2016 Filing 390 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 10/27/2016. Counsel report on the status of the case. Status Conference set for 11/30/2016 01:30 PM in Courtroom 11 before Judge Denise J. Casper. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Andrew Curley, Erin Durba, James Carroll, Danielle Foley, Lisa Jose Fales, Sean Tepe, Zarema Jaramillo, Laurence Schoen, and Doug Baldridge.) (Hourihan, Lisa)
October 27, 2016 Filing 389 Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Motion Hearing held on 10/27/2016. The Court heard arguments from the parties regarding privilege materials and took the matters under advisement. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.)(Attorneys present: Bloom, Sobol & Curley for plaintiff; Jaramillo, Tepe, Bensley, Carroll, Foley & Baldridge for defendants;) (York, Steve)
October 27, 2016 Filing 388 Summary of Sample Medicis Documents Submitted for In Camera Review (Barnes, Lauren) (Main Document 388 replaced on 10/27/2016) (Maynard, Timothy). Modified on 10/27/2016 (Maynard, Timothy).
October 26, 2016 Filing 386 MOTION for Leave to Appear Pro Hac Vice for admission of Erin Durba Filing fee: $ 100, receipt number 0101-6348997 by City of Providence, Rhode Island. (Attachments: #1 Exhibit A)(DeValerio, Glen)
October 24, 2016 Filing 385 STATUS REPORT Joint Status Report and Proposed Agenda by Consolidated Plaintiffs. (Barnes, Lauren)
October 24, 2016 Filing 384 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #376 Motion for Leave to Appear Pro Hac Vice Added Sara L. Bensley. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
October 21, 2016 Filing 383 NOTICE by Consolidated Plaintiffs re #374 Notice of Manual Filing, Joint Notice of Revision (Barnes, Lauren)
October 21, 2016 Filing 382 DECLARATION of Sara L. Bensley in Oppostion re #375 Notice of Manual Filing. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Maynard, Timothy)
October 21, 2016 Filing 381 Response by Medicis Pharmaceutical Corp. to #379 Letter/request (non-motion) from Lauren G. Barnes. (Maynard, Timothy)
October 21, 2016 Filing 380 DECLARATION of Andrew C. Curley re #374 Notice of Manual Filing. (Attachments: #1 Exhibits)(Maynard, Timothy)
October 21, 2016 Filing 379 Letter/request (non-motion) from Lauren G. Barnes. (Maynard, Timothy)
October 20, 2016 Filing 378 NOTICE OF MANUAL FILING by Medicis Pharmaceutical Corp. (1. Medicis Pharmaceutical Corp.'s Response to Plaintiffs' Letter of October 19, 2016; and 2. Declaration of Sara L. Bensley and exhibits thereto) (FILED UNDER SEAL) (Carroll, James)
October 20, 2016 Filing 377 NOTICE OF MANUAL FILING by Impax Laboratories, Inc. Letter from J. Douglas Baldridge, Esq. to The Honorable Denise Casper and The Honorable Jennifer C. Boal dated October 20, 2016 re #375 Notice of Manual Filing (Baldridge, James)
October 20, 2016 Filing 376 MOTION for Leave to Appear Pro Hac Vice for admission of Sara L. Bensley Filing fee: $ 100, receipt number 0101-6341944 by Medicis Pharmaceutical Corp.. (Attachments: #1 Exhibit A (Certification of Sara L. Bensley))(Carroll, James)
October 19, 2016 Filing 375 NOTICE OF MANUAL FILING by Consolidated Plaintiffs --- Plaintiffs' Notice of Filing Under Seal (Barnes, Lauren)
October 17, 2016 Filing 374 NOTICE OF MANUAL FILING by Medicis Pharmaceutical Corp. (Joint Statement of Plaintiffs and Defendants Medicis Pharmaceutical Corp. and Impax Laboratories, Inc. Regarding Plaintiffs' Challenges to Privilege Log Entries and all exhibits thereto) (FILED UNDER SEAL) (Carroll, James)
October 14, 2016 Filing 373 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #371 Motion for Extension of Time to October 17, 2016 to To Submit Joint Statement And Representative Samples And For Increase In Maximum Page Length to 15 pages per side. (Hourihan, Lisa)
October 13, 2016 Filing 372 NOTICE by Lupin Limited, Lupin Pharmaceuticals, Inc. of Withdrawal of Appearance of Michael Louis Whitlock (Jaramillo, Zarema)
October 13, 2016 Filing 371 Joint MOTION for Extension of Time to October 17, 2016 to To Submit Joint Statement And Representative Samples And For Increase In Maximum Page Length by Defendants.(Carroll, James)
October 6, 2016 Filing 370 DECLARATION (SUPPLEMENTAL) re #331 Cross MOTION to Dismiss Plaintiffs' Proposed Monopolization Claims And Opposition To Plaintiffs' Motions For Leave To File Second Amended Complaints (PUBLIC VERSION) by Medicis Pharmaceutical Corp., Sandoz Inc.. (Carroll, James)
October 6, 2016 Filing 369 REPLY to Response to #331 Cross MOTION to Dismiss Plaintiffs' Proposed Monopolization Claims And Sur-Reply In Opposition To #306 #308 #310 #312 #314 Plaintiffs' Motions For Leave To File Amended Complaints (PUBLIC VERSION) filed by Medicis Pharmaceutical Corp., Sandoz Inc.. (Carroll, James)
September 22, 2016 Filing 368 REDACTION Consolidated Reply Memorandum of Law in Support of Plaintiffs' Motions for Leave to Amend Plaintiffs' Class Action Complaints byConsolidated Plaintiffs. (Sobol, Thomas)
September 22, 2016 Filing 367 NOTICE of Withdrawal of Appearance by ROBERT N. FELTOON for Mylan, Inc. and Matrix Laboratories Ltd, and Certificate of Service (FELTOON, ROBERT)
September 22, 2016 Filing 366 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
September 22, 2016 Filing 365 Transcript of Status Conference held on September 14, 2016, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 10/13/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/21/2016. (Scalfani, Deborah)
September 20, 2016 Filing 364 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #331 Motion to Dismiss; #335 Motion to Dismiss; #306 Motion for Leave to File Document; #308 Motion for Leave to File Document; #312 Motion for Leave to File Document; #314 Motion for Leave to File Document. Having reviewed the motion papers (and reply brief) and opposition (and recently filed sur-reply brief), the Court DENIES the motions to amend. The Court agrees with Plaintiffs that there has been no showing of untimeliness, but denies the motion to amend the complaint on the grounds of futility. The Court notes that it does not write on a blank slate on this matter in this case, having previously dismissed the sham litigation claims, D. 184 at 26. Although Plaintiffs have now added to their allegations regarding their sham litigation claim, it would still be futile to amend. Even assuming the additional allegations to be true, they do not state a plausible claim for sham litigation in enforcing the '838 patent in violation of section 2 of the Sherman Act. Even with these additional allegations, there are not adequate allegations that the patent infringement suits were objectively baseless. D. 335 at 11-25. Accordingly, the motions to amend, D. 306, 308, 310, 312, 314, are DENIED. In light of this ruling, Defendants' cross motions to dismiss, D. 331, 335, are DENIED as moot. (Hourihan, Lisa)
September 20, 2016 Filing 363 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
September 20, 2016 Filing 362 Transcript of Motion Hearing held on September 14, 2016, before Ch. Magistrate Judge Jennifer C. Boal. The Transcript may be purchased through Maryann Young at yts2@verizon.net, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter: No Reporter Used. Digital Recording transcribed by Maryann Young. Redaction Request due 10/11/2016. Redacted Transcript Deadline set for 10/21/2016. Release of Transcript Restriction set for 12/19/2016. (Scalfani, Deborah) Modified on 9/20/2016 (Scalfani, Deborah).
September 19, 2016 Filing 360 Magistrate Judge Jennifer C. Boal: ORDER entered granting in part and denying in part #292 Motion to Compel. (York, Steve)
September 16, 2016 Filing 359 NOTICE OF MANUAL FILING by Medicis Pharmaceutical Corp. (FILED UNDER SEAL: 1. Defendants Medicis Pharmaceutical Corp.'s and Sandoz, Inc.'s Sur-Reply In Further Support Of Their Omnibus Opposition To Plaintiffs' Motions For Leave To File Second Amended Complaints And Reply In Further Support Of Their Cross-Motion To Dismiss Plaintiffs' Proposed Monopolization Claims; and 2. Supplemental Transmittal Declaration of James R. Carroll, Esq. and exhibits thereto) (Carroll, James)
September 16, 2016 Filing 358 NOTICE by Medicis Pharmaceutical Corp. Of Filing Revised Proposed Order In Connection With #292 Joint Motion To Compel (Attachments: #1 Exhibit A (Proposed Order))(Carroll, James)
September 16, 2016 Filing 357 ELECTRONIC NOTICE Setting Hearing on Motion. A Motion Hearing is set for 10/27/2016 at 11:30 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve)
September 16, 2016 Filing 356 ELECTRONIC NOTICE of Hearing. Jury Trial set for 3/12/2018 09:00 AM in Courtroom 11 before Judge Denise J. Casper. First Final Pretrial Conference set for 1/31/2018 02:00 PM in Courtroom 11 before Judge Denise J. Casper. Second Final Pretrial Conference set for 3/7/2018 02:00 PM in Courtroom 11 before Judge Denise J. Casper. Status Conference set for 10/27/2016 01:45 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
September 16, 2016 Filing 355 ELECTRONIC NOTICE Setting Hearing on Motion Class Certification Motion Hearing set for 9/14/2017 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
September 16, 2016 Filing 354 ELECTRONIC NOTICE Canceling Hearing. In light of D. 353 the hearing dates of 11/15/17 and 6/15/17 are cancelled. (Hourihan, Lisa)
September 16, 2016 Filing 353 Judge Denise J. Casper: ELECTRONIC ORDER entered. In light of the September 14, 2016 status conference, D. 352, and the parties' latest status reports, D. 345, 348, including one seeking revision of the schedule in this case, D. 348, and in the interest of efficient case management, the Court ORDERS as follows:. Case Schedule is Revised and Amended as Follows:February 24, 2017 Close of Fact DiscoveryApril 25, 2017 Plaintiffs' motions for class certification and Plaintiffs' class/merits expert reports dueJune 23, 2017 Defendants' Opposition to motions for class certification and Defendants' class/merits expert reports dueAugust 22, 2017 Plaintiffs' reply in support of class certification and Plaintiffs' rebuttal class/merits expert reports due1September 13, 2017 Close of expert discoverySeptember 14, 2017 Class certification motion hearing at 2 p.m.October 5, 2017 Any party seeking to file a motion for summary judgment, must file motion to leave to file such motion explaining viability for seeking same. Such filing shall not exceed 5 pagesOctober 12, 2017 Opposing party to proposed motion for summary judgment to file response, also not to exceed 5 pagesNovember 1, 2017 [If leave given, Dispositive motions due]; Daubert motions dueDecember 15, 2017[If leave given, opposition to Dispositive motions due]; Opposition to Daubert motions dueJanuary 3, 2018 [If leave given, reply to Dispositive motions]; Reply to Daubert motions dueJanuary 17, 2018 Pretrial memorandum including witness list and exhibit list dueJanuary 31, 2018 First Final Pretrial Conference at 2 p.m. (to address Daubert motions and other pretrial matters)February 21, 2018 Motions in limine; electronic copy of agreed-to exhibits, numbered, due; electronic submission of contested exhibits, lettered, shall be accompanied by chart identifying party objecting; basis for objection and proponent's responseFebruary 28, 2018 Oppositions to motions in limine; Proposed voir dire; Proposed jury instructionsMarch 7, 2018 Second Final Pretrial Conference at 2 p.m. (to address motions in limine and other pretrial matters)March 12, 2018 Trial begins2. Given the parties' ongoing attempts to schedule the depositions noticed by Plaintiffs, the Court notes as follows. The presumption shall be that there will be one deposition per witness. Since there are ongoing disputes about privilege issues that could affect the scope of certain depositions, the Court ORDERS as follows:a. Counsel for parties to meet and confer to attempt to narrow the scope of their disputes about privilege issues by September 29, 2016.b.If after meeting and conferring, any dispute about privilege remains, the parties shall file a joint statement, not to exceed twenty pages in total, addressing their remaining disputes. This statement shall be organized by categories of privilege issues and for each shall indicate the Defendants position and Plaintiffs position. Contemporaneous with the filing of the joint statement, Defendants shall submit ex parte a representative sample of documents in each category to the Clerks office for the Courts review. This filing must be made by October 13, 2016.c.The Court (Boal, CMJ) shall hold a hearing on the privilege issues on October 27, 2016 at 11:30 am.d.The Court (Casper, DJ) shall hold a status conference on October 27, 2016 at 1:45 p.m. The parties shall jointly file a joint status report on or before October 24, 2016 indicating the progress with discovery including but not limited to the scheduling of the depositions noticed by Plaintiffs and the notice of any depositions by the Defendants. (Hourihan, Lisa)
September 14, 2016 Filing 352 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 9/14/2016. Court hears from the parties on the status of discovery and request for extension. Court inquires as to the estimated length of trial. Counsel anticipate 7 weeks. Counsel report that they are almost ready to submit the preliminary approval of settlement as to defendant Sandoz, Inc. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Andrew Curley, Steve Shadowen, Monica Rebuck, James Carroll, Danielle Foley, Lisa Jose Fales, Sean Tepe, Zarema Jaramillo, Laurence Schoen, and Michael Buchman.) (Hourihan, Lisa)
September 14, 2016 Filing 351 Electronic Clerk's Notes for proceedings held before Magistrate Judge Jennifer C. Boal: Motion Hearing held on 9/14/2016 re #292 Joint MOTION to Compel Direct Purchaser Plaintiffs And Individual Retailer Plaintiffs To Produce Documents filed by Impax Laboratories, Inc., Lupin Limited, Medicis Pharmaceutical Corp., Lupin Pharmaceuticals, Inc., Sandoz Inc. The Court heard arguments from the parties and took the matter under advisement. (Court Reporter: Digital Recording - For transcripts or CDs contact Deborah Scalfani by email at deborah_scalfani@mad.uscourts.gov.) (Attorneys present: Shadowen, Nalven & Perwin for plaintiff; Foley, Fales, Jaramillo, Carroll & Tepe for the defendants) (York, Steve)
September 14, 2016 Filing 350 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #349 Motion for Leave to File --- Direct Purchaser Plaintiffs' Unopposed Motion for Leave to File Notice of Supplemental Authority in Opposition to Defendants' Motion to Compel. (York, Steve)
September 13, 2016 Filing 349 MOTION for Leave to File --- Direct Purchaser Plaintiffs' Unopposed Motion for Leave to File Notice of Supplemental Authority in Opposition to Defendants' Motion to Compel by Direct Purchaser Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit)(Barnes, Lauren)
September 13, 2016 Filing 348 STATUS REPORT Supplemental Joint Report Regarding Adjustments To Schedule by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Carroll, James)
September 13, 2016 Filing 347 NOTICE of Appearance by David S. Nalven on behalf of Direct Purchaser Plaintiffs (Nalven, David)
September 12, 2016 Filing 346 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER GRANTING IN PART AND DENYING IN PART NUNC PRO TUNC #330 Motion to Allow Telephonic Participation. See Docket No. 337 . (York, Steve)
September 7, 2016 Filing 345 STATUS REPORT Joint Status Report and Proposed Agenda by Lupin Limited, Lupin Pharmaceuticals, Inc.. (BLAD, LEIV)
September 2, 2016 Filing 344 SEALED DOCUMENT. Consolidated Reply Memorandum of Law in Support of Plaintiffs' Motions for Leave to Amend Plaintiffs' Class Action Complaints. (Attachments: #1 Exhibit A)(Hourihan, Lisa)
September 2, 2016 Filing 343 Plaintiffs' Notice of Filing Consolidated Reply Memorandum Under Seal (Hourihan, Lisa)
September 2, 2016 Filing 342 NOTICE OF MANUAL FILING by Consolidated Plaintiffs Plaintiffs' Notice of Filing Under Seal Consolidated Reply Memorandum of Law in Support of Plaintiffs' Motion for Leave to Amend Plaintiffs' Class Action Complaints (Sobol, Thomas)
September 1, 2016 Filing 341 DECLARATION re #331 Cross MOTION to Dismiss Plaintiffs' Proposed Monopolization Claims And Opposition To Plaintiffs' Motions For Leave To File Second Amended Complaints (PUBLIC VERSION) by Medicis Pharmaceutical Corp., Sandoz Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Carroll, James)
September 1, 2016 Filing 340 MEMORANDUM in Support re #331 Cross MOTION to Dismiss Plaintiffs' Proposed Monopolization Claims And Opposition To Plaintiffs' Motions For Leave To File Second Amended Complaints (PUBLIC VERSION) filed by Medicis Pharmaceutical Corp., Sandoz Inc.. (Carroll, James)
August 23, 2016 Filing 339 ELECTRONIC NOTICE Resetting Hearing on Motion re: #292 Joint MOTION to Compel Direct Purchaser Plaintiffs And Individual Retailer Plaintiffs To Produce Documents. The Motion Hearing has been rescheduled for 9/14/2016 at 2:00 p.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal. (York, Steve)
August 23, 2016 Filing 338 ELECTRONIC NOTICE OF RESCHEDULING. In light of the continuance of the hearing on the motion to compel before Judge Boal to 9/14/16, Judge Casper reschedules the Status Conference for 9/14/2016 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
August 23, 2016 Filing 337 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER ENTERED. Any counsel that plans to speak on behalf of their clients in connection with the defendants' motion to compel (Docket No. #292 ) shall be present in person at the hearing on the motion. Counsel shall work cooperatively and with the Deputy Clerk, Steve York, in order to arrange for a date that works for all counsel and the Court between August 31 and September 16, 2016. (York, Steve)
August 22, 2016 Filing 336 Letter/request (non-motion) from Scott E. Perwin to Magistrate Judge Boal re: scheduling. (Perwin, Scott)
August 16, 2016 Filing 335 MEMORANDUM of Law in Opposition to Motion for Leave to File Second Amended Complaints and Cross-MOTION to Dismiss by Medicis Pharmaceutical Corp., Sandoz Inc. (Attachments: #1 Declaration of James Carroll, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Maynard, Timothy)
August 12, 2016 Filing 334 Opposition re #312 MOTION for Leave to File End-Payor Plaintiffs' Second Amended Class Action Complaint filed by Lupin Limited, Lupin Pharmaceuticals, Inc.. (BLAD, LEIV)
August 12, 2016 Filing 333 RESPONSE to Motion re #312 MOTION for Leave to File End-Payor Plaintiffs' Second Amended Class Action Complaint, #306 MOTION for Leave to File Second Amended Consolidated Class Action Complaint, #308 MOTION for Leave to File Second Amended Complaint and Demand for Jury Trial, #310 MOTION for Leave to File Second Amended Complaint and Demand for Jury Trial, #314 MOTION for Leave to File Amend Their Amended Complaint filed by Impax Laboratories, Inc.. (Baldridge, James)
August 12, 2016 Filing 332 NOTICE OF MANUAL FILING by Medicis Pharmaceutical Corp. (FILED UNDER SEAL: 1. Memorandum Of Law In Support Of Defendants Medicis Pharmaceutical Corp.'s and Sandoz, Inc.'s Omnibus Opposition To Plaintiffs' Motions For Leave To File Second Amended Complaints And Cross-Motion To Dismiss Plaintiffs' Proposed Monopolization Claims; 2. Transmittal Declaration Of James R. Carroll, Esq.; and 3. Exhibits To Transmittal Declaration Of James R. Carroll, Esq.) (Carroll, James)
August 12, 2016 Filing 331 Cross MOTION to Dismiss Plaintiffs' Proposed Monopolization Claims by Medicis Pharmaceutical Corp., Sandoz Inc..(Carroll, James)
August 12, 2016 Filing 330 MOTION --- Plaintiffs' Unopposed Motion to Allow Telephonic Participation During the August 31, 2016 Hearing by Direct Purchaser Plaintiffs.(Barnes, Lauren)
August 12, 2016 Filing 329 Notice of Supplemental Authorities re #292 Joint MOTION to Compel Direct Purchaser Plaintiffs And Individual Retailer Plaintiffs To Produce Documents (Attachments: #1 Exhibit)(Barnes, Lauren)
August 11, 2016 Filing 328 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #327 Motion for Leave to File --- Plaintiffs' Unobjected-To Motion for Leave to File Notice of Supplemental Authority in Opposition to Defendants' Joint Motion to Compel Direct Purchaser Plaintiffs and Individual Retailer Plaintiffs to Produce Documents. (York, Steve)
August 10, 2016 Filing 327 MOTION for Leave to File --- Plaintiffs' Unobjected-To Motion for Leave to File Notice of Supplemental Authority in Opposition to Defendants' Joint Motion to Compel Direct Purchaser Plaintiffs and Individual Retailer Plaintiffs to Produce Documents by Direct Purchaser Plaintiffs. (Attachments: #1 Exhibit)(Barnes, Lauren)
August 9, 2016 Filing 326 REDACTION to #306 MOTION for Leave to File Second Amended Consolidated Class Action Complaint byDirect Purchaser Plaintiffs. (Barnes, Lauren)
August 9, 2016 Filing 325 REDACTION to #312 MOTION for Leave to File End-Payor Plaintiffs' Second Amended Class Action Complaint byUnited Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Nation, Donald)
August 9, 2016 Filing 324 REDACTION to #308 MOTION for Leave to File Second Amended Complaint and Demand for Jury Trial byCVS Pharmacy, Inc.. (Bloom, Eric)
August 9, 2016 Filing 323 REDACTION to #310 MOTION for Leave to File Second Amended Complaint and Demand for Jury Trial byRite Aid Corporation, Rite Aid Hdqtrs. Corp.. (Bloom, Eric)
August 9, 2016 Filing 322 REDACTION to #314 MOTION for Leave to File Amend Their Amended Complaint (Proposed) byAlbertson's LLC, HEB GROCERY CO. LP, Safeway, Inc., The Kroger Co., Walgreen Co.. (Perwin, Scott)
August 8, 2016 Filing 321 REPLY to Response to #292 Joint MOTION to Compel Direct Purchaser Plaintiffs And Individual Retailer Plaintiffs To Produce Documents filed by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc.. (Carroll, James)
August 8, 2016 Filing 320 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #319 Assented to Motion for Leave to File Reply Memorandum; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (York, Steve)
August 5, 2016 Filing 319 Assented to MOTION for Leave to File Reply Memorandum by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc.. (Attachments: #1 Exhibit 1)(Carroll, James)
August 4, 2016 Filing 318 Judge Denise J. Casper: ORDER entered. STIPULATION AND ORDER Setting Briefing Schedule for Plaintiffs' Motions for Leave to File Second Amended Complaints. (Maynard, Timothy)
August 3, 2016 Filing 317 STIPULATION AND [PROPOSED] ORDER Setting Briefing Schedule For Plaintiffs' Motions For Leave To File Second Amended Complaints by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc.. (Carroll, James)
August 1, 2016 Filing 316 ELECTRONIC NOTICE issued requesting courtesy copy for #292 Joint MOTION to Compel Direct Purchaser Plaintiffs And Individual Retailer Plaintiffs To Produce Documents, #293 Memorandum in Support of Motion, #294 Declaration, #303 Memorandum in Opposition to Motion, #304 Memorandum in Opposition to Motion,,,,, #305 Opposition to Motion. Counsel who filed these documents are requested to submit a courtesy copy of the d documents to the Clerk's Office by close of business 8/4/2016. These documents must be bound in a binder, clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (York, Steve)
July 21, 2016 Filing 315 NOTICE OF MANUAL FILING by Albertson's LLC, HEB GROCERY CO. LP, Safeway, Inc., The Kroger Co., Walgreen Co. Proposed Second Amended Complaint and Redline re #314 MOTION for Leave to File Amend Their Amended Complaint (Perwin, Scott)
July 21, 2016 Filing 314 MOTION for Leave to File Amend Their Amended Complaint by Albertson's LLC, HEB GROCERY CO. LP, Safeway, Inc., The Kroger Co., Walgreen Co.. (Attachments: #1 Exhibit)(Perwin, Scott) (Additional attachment(s) added on 7/21/2016: #2 Exhibit A Second Amended Complaint SEALED) #3 Exhibit B Amended Complaint SEALED)
July 20, 2016 Filing 313 NOTICE OF MANUAL FILING by United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund re #312 MOTION for Leave to File End-Payor Plaintiffs' Second Amended Class Action Complaint -- Notice of Filing Under Seal (Nation, Donald)
July 20, 2016 Filing 312 MOTION for Leave to File End-Payor Plaintiffs' Second Amended Class Action Complaint by United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund.(Nation, Donald) (Additional attachment(s) added on 7/21/2016: (Hourihan, Lisa) #1 Exhibit A Second Amended Complaint SEALED) #2 Exhibit B Consolidated Class Action Complaint SEALED)
July 20, 2016 Filing 311 NOTICE OF MANUAL FILING by Rite Aid Corporation, Rite Aid Hdqtrs. Corp. re #310 MOTION for Leave to File Second Amended Complaint and Demand for Jury Trial -- Notice of Filing Under Seal (Bloom, Eric)
July 20, 2016 Filing 310 MOTION for Leave to File Second Amended Complaint and Demand for Jury Trial by Rite Aid Corporation, Rite Aid Hdqtrs. Corp.. (Attachments: #1 Exhibits A-B (FILED UNDER SEAL), #2 Text of Proposed Order)(Bloom, Eric) (Additional attachment(s) added on 7/21/2016: #3 Exhibit A Second Amended Complaint SEALED) #4 Exhibit B First Amended Complaint SEALED) (Hourihan, Lisa).
July 20, 2016 Filing 309 NOTICE OF MANUAL FILING by CVS Pharmacy, Inc. re #308 MOTION for Leave to File Second Amended Complaint and Demand for Jury Trial --Notice of Filing Under Seal (Bloom, Eric)
July 20, 2016 Filing 308 MOTION for Leave to File Second Amended Complaint and Demand for Jury Trial by CVS Pharmacy, Inc.. (Attachments: #1 Exhibits A-B (FILED UNDER SEAL), #2 Text of Proposed Order)(Bloom, Eric) (Additional attachment(s) added on 7/21/2016: #3 Exhibit A Second Amended Complaint SEALED) (4) Exhibit B First Amended Complaint SEALED) (Hourihan, Lisa).
July 20, 2016 Filing 307 NOTICE OF MANUAL FILING by Direct Purchaser Plaintiffs re #306 MOTION for Leave to File Second Amended Consolidated Class Action Complaint --- Notice of Filing Under Seal (Barnes, Lauren)
July 20, 2016 Filing 306 MOTION for Leave to File Second Amended Consolidated Class Action Complaint by Direct Purchaser Plaintiffs. (Attachments: #1 Memorandum in Support (FILED UNDER SEAL), #2 Declaration of Lauren Guth Barnes (EXHIBITS A-C FILED UNDER SEAL))(Barnes, Lauren) (Additional attachment(s) added on 7/21/2016: #3 Exhibit 1 Memorandum in Support SEALED) (Hourihan, Lisa). (Additional attachment(s) added on 7/21/2016: #4 Exhibit A Second Amended Complaint SEALED) (Hourihan, Lisa). (Additional attachment(s) added on 7/21/2016: #5 Exhibit B Amended Complaint SEALED) (Hourihan, Lisa). (Additional attachment(s) added on 7/21/2016: #6 Exhibit C Declaration of John Doll SEALED) (Hourihan, Lisa).
July 15, 2016 Filing 305 Opposition re #292 Joint MOTION to Compel Direct Purchaser Plaintiffs And Individual Retailer Plaintiffs To Produce Documents filed by United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Nation, Donald)
July 15, 2016 Filing 304 MEMORANDUM in Opposition re #292 Joint MOTION to Compel Direct Purchaser Plaintiffs And Individual Retailer Plaintiffs To Produce Documents filed by Direct Purchaser Plaintiffs. (Attachments: #1 Declaration of Lauren Guth Barnes, #2 Exhibit A to Declaration of Lauren Guth Barnes, #3 Exhibit B to Declaration of Lauren Guth Barnes, #4 Exhibit C to Declaration of Lauren Guth Barnes, #5 Exhibit D to Declaration of Lauren Guth Barnes, #6 Exhibit E to Declaration of Lauren Guth Barnes, #7 Exhibit F to Declaration of Lauren Guth Barnes, #8 Exhibit G to Declaration of Lauren Guth Barnes, #9 Exhibit H to Declaration of Lauren Guth Barnes, #10 Exhibit I to Declaration of Lauren Guth Barnes, #11 Exhibit J to Declaration of Lauren Guth Barnes, #12 Exhibit K to Declaration of Lauren Guth Barnes, #13 Exhibit L to Declaration of Lauren Guth Barnes, #14 Exhibit M to Declaration of Lauren Guth Barnes, #15 Exhibit N to Declaration of Lauren Guth Barnes, #16 Exhibit O to Declaration of Lauren Guth Barnes, #17 Exhibit P to Declaration of Lauren Guth Barnes, #18 Exhibit Q to Declaration of Lauren Guth Barnes, #19 Exhibit R to Declaration of Lauren Guth Barnes, #20 Exhibit S to Declaration of Lauren Guth Barnes, #21 Exhibit T to Declaration of Lauren Guth Barnes)(Barnes, Lauren)
July 14, 2016 Filing 303 MEMORANDUM in Opposition re #292 Joint MOTION to Compel Direct Purchaser Plaintiffs And Individual Retailer Plaintiffs To Produce Documents filed by Albertson's LLC, CVS Pharmacy, Inc., HEB GROCERY CO. LP, Rite Aid Corporation, Rite Aid Hdqtrs. Corp., Safeway, Inc., The Kroger Co., Walgreen Co.. (Attachments: #1 Exhibit 1)(Perwin, Scott)
July 13, 2016 Filing 302 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 7/13/2016. Counsel report on the status of the case. Further Status Conference set for 8/31/2016 01:30 PM in Courtroom 11 before Judge Denise J. Casper. (Court Reporter: James Gibbons at jmsgibbons@yahoo.com.)(Attorneys present: Lauren Barnes Donna Evans and Michael Buchman for the plaintiffs. Sean Tepe, James Carroll, Zarema Jaramillo and Laurence Schoen for the defendants. Other counsel participated by telephone.) (Hourihan, Lisa)
July 12, 2016 Filing 301 ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 7/13/2016 02:45 PM in Courtroom 11 before Judge Denise J. Casper. NOTE TIME CHANGE ONLY(Hourihan, Lisa)
July 8, 2016 Filing 300 Magistrate Judge Jennifer C. Boal: ELECTRONIC ORDER entered granting #299 Motionfor Extension of Time to July 15, 2016 to File Opposition to Defendants Motion to Compel Direct Purchaser Plaintiffs and Individual Purchaser Plaintiffs to Produce Documents (Unopposed). (York, Steve)
July 8, 2016 Filing 299 MOTION for Extension of Time to July 15, 2016 to File Opposition to Defendants Motion to Compel Direct Purchaser Plaintiffs and Individual Purchaser Plaintiffs to Produce Documents (Unopposed) by Direct Purchaser Plaintiffs. (Attachments: #1 Text of Proposed Order)(Curley, Andrew)
July 7, 2016 Filing 298 ELECTRONIC NOTICE Setting Hearing on Motion. A Motion Hearing is set for 8/31/2016 at 11:30 a.m. in Courtroom 14 before Magistrate Judge Jennifer C. Boal re: #292 Joint MOTION to Compel Direct Purchaser Plaintiffs And Individual Retailer Plaintiffs To Produce Documents. (York, Steve)
July 6, 2016 Filing 297 STATUS REPORT AND PROPOSED AGENDA by Direct Purchaser Plaintiffs. (Curley, Andrew)
June 28, 2016 Filing 296 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #263 Motion to Seal Document Unopposed Motion for Leave to File Amended Complaint Under Seal by CVS Pharmacy, Inc. (Hourihan, Lisa)
June 28, 2016 Filing 295 Judge Denise J. Casper: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Jennifer C. Boal Motions referred: #292 Joint MOTION to Compel Direct Purchaser Plaintiffs And Individual Retailer Plaintiffs To Produce Documents. (Hourihan, Lisa) Motions referred to Jennifer C. Boal.
June 27, 2016 Filing 294 DECLARATION re #292 Joint MOTION to Compel Direct Purchaser Plaintiffs And Individual Retailer Plaintiffs To Produce Documents by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Carroll, James)
June 27, 2016 Filing 293 MEMORANDUM in Support re #292 Joint MOTION to Compel Direct Purchaser Plaintiffs And Individual Retailer Plaintiffs To Produce Documents filed by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc.. (Carroll, James)
June 27, 2016 Filing 292 Joint MOTION to Compel Direct Purchaser Plaintiffs And Individual Retailer Plaintiffs To Produce Documents by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc.. (Attachments: #1 Proposed Order)(Carroll, James)
June 24, 2016 Filing 291 Judge Denise J. Casper: ORDER entered. ORDER ON PRIVILEGE CHALLENGES. (Maynard, Timothy)
June 24, 2016 Filing 290 Judge Denise J. Casper: ORDER entered. ORDER ON JOINT DEPOSITION PROTOCOL. (Maynard, Timothy)
June 1, 2016 Filing 289 Letter/request (non-motion) from Lauren Guth Barnes regarding privilege challenge proposals. (Attachments: #1 Exhibit A: Plaintiffs' Proposed Order on Privilege Challenges and Position Statement, #2 Exhibit B: Defendants' Proposed Order on Privilege Challenges and Position Statement)(Barnes, Lauren)
June 1, 2016 Filing 288 Letter/request (non-motion) from Lauren Guth Barnes submitting [Proposed] Joint Deposition Protocol. (Attachments: #1 - [Proposed] Order on Joint Deposition Protocol)(Barnes, Lauren)
May 26, 2016 Filing 287 STIPULATION Regarding Third Party Subpoenas For Accounting, Financial And Consulting Firms by Medicis Pharmaceutical Corp.. (Carroll, James)
May 17, 2016 Filing 286 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 5/17/2016. Case called. The Court sets June 1, 2016 for a joint proposal to be submitted by the parties. Status Conference set for 7/13/2016 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Buchman, Curley, Perwin, Barnes, Carroll, Foley, Jaramillo, Foles, Schoen) (Maynard, Timothy)
May 13, 2016 Filing 285 ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 5/16/2016 03:00 PM in Courtroom 20 before Judge Denise J. Casper. PLEASE NOTE CHANGE IN COURTROOM LOCATION ONLY(Hourihan, Lisa)
May 9, 2016 Filing 284 STATUS REPORT --- Joint Status Report and Proposed Agenda by Direct Purchaser Plaintiffs. (Barnes, Lauren)
April 20, 2016 Filing 283 Letter/request (non-motion) from Lauren G. Barnes . (Barnes, Lauren)
April 14, 2016 Filing 282 ELECTRONIC NOTICE of Hearing. Status Conference set for 5/16/2016 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
April 13, 2016 Filing 281 Judge Denise J. Casper: ELECTRONIC ORDER entered. re #278 Status Report filed by Impax Laboratories, Inc., Lupin Limited, Medicis Pharmaceutical Corp., Lupin Pharmaceuticals, Inc., Sandoz Inc. The parties' proposal for new deadlines is ALLOWED IN PART and DENIED IN PART. The deadline for the parties' certification of substantial completion of production of documents is now June 15, 2016. The deadline for plaintiffs to amend pleadings with consent or to seek leave to amend is now July 20, 2016. The close of fact discovery is now December 10, 2016. All other dates, see D. 227, remain in place.(Hourihan, Lisa)
April 11, 2016 Filing 280 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
April 11, 2016 Filing 279 Transcript of Status Conference held on March 28, 2016, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 5/2/2016. Redacted Transcript Deadline set for 5/12/2016. Release of Transcript Restriction set for 7/11/2016. (Scalfani, Deborah) Modified on 4/11/2016 (Scalfani, Deborah). (Main Document 279 replaced on 4/11/2016) (Scalfani, Deborah).
April 6, 2016 Filing 278 STATUS REPORT (JOINT) by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc.. (Carroll, James)
April 4, 2016 Filing 277 NOTICE of Change of Address or Firm Name by Scott E. Perwin (Perwin, Scott)
March 28, 2016 Filing 276 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 3/28/2016. Counsel report on the status of the case. Court orders counsel to meet and confer by Friday, April 1, about the outstanding discovery requests and disputes to see if they can further narrow the areas of disagreements. By 4/6/16, counsel to file a joint status report of the meet and confer and if defendants still seek extension. Counsel may propose a new deadline and detail how the new deadline will be met. Status report not to exceed 10 pages. Counsel to propose next status conference date. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Lauren Barnes, Jessica MacAuley, Michael Buchman, Andrew Curley, Anna Neill, Eric Bloom, Sharon Robertson and Shawn Nation for the plaintiffs. James Carroll, Leiiv Blad, Steven Sunshine, Abram Ellis, Laurence Schoen, Sean Tepe and Danielle Foley for the defendants.) (Hourihan, Lisa)
March 28, 2016 Filing 275 Defendant Medicis Pharmaceutical Corp.'s ANSWER to #265 Amended Complaint (Plaintiff CVS Pharmacy, Inc.'s Amended Complaint And Jury Demand) by Medicis Pharmaceutical Corp..(Carroll, James)
March 28, 2016 Filing 274 ANSWER to #265 Amended Complaint by Lupin Limited, Lupin Pharmaceuticals, Inc..(BLAD, LEIV)
March 28, 2016 Filing 273 Defendant Impax Laboratories, Inc.'s ANSWER to #265 Amended Complaint and Demand for Jury Trial by Impax Laboratories, Inc..(Baldridge, James)
March 28, 2016 Filing 272 Defendant Sandoz Inc.'s ANSWER to #265 Amended Complaint (CVS Pharmacy, Inc.'s Amended Complaint) by Sandoz Inc..(Schoen, Laurence)
March 22, 2016 Filing 271 Judge Denise J. Casper: ORDER entered. STIPULATION AND ORDER Regarding the Individual Plaintiffs' Pending Claims. (Maynard, Timothy)
March 21, 2016 Filing 270 STATUS REPORT --- Joint Status Report by Direct Purchaser Plaintiffs. (Barnes, Lauren)
March 21, 2016 Filing 269 STIPULATION And [Proposed] Order Regarding The Individual Plaintiffs' Pending Claims by Medicis Pharmaceutical Corp.. (Carroll, James)
February 24, 2016 Filing 268 ELECTRONIC NOTICE OF RESCHEDULING. At the request of counsel in D. 262, the Court allows a continuance of the status conference. Status Conference set for 3/28/2016 03:00 PM in Courtroom 11 before Judge Denise J. Casper. Any counsel wanting to participate by telephone may call the teleconference number at 888-675-2535, access code 8274618.(Hourihan, Lisa)
February 22, 2016 Filing 267 Judge Denise J. Casper: ORDER entered. STIPULATION AND ORDER Setting Date to Respond to CVS Pharmacy, Inc. Complaint. Associated Cases: 1:14-md-02503-DJC, 1:16-cv-10238-DJC(Maynard, Timothy)
February 18, 2016 Filing 265 AMENDED COMPLAINT and Demand for Jury Trial (Redacted version) against Lupin Limited, Lupin Pharmaceuticals, Inc., Sandoz Inc., Medicis Pharmaceutical Corp., Impax Laboratories, Inc., filed by CVS Pharmacy, Inc..(Bloom, Eric)
February 18, 2016 Filing 264 NOTICE OF MANUAL FILING by CVS Pharmacy, Inc. Amended Complaint and Demand for Jury Trial (Bloom, Eric)
February 18, 2016 Filing 263 MOTION to Seal Document Unopposed Motion for Leave to File Amended Complaint Under Seal by CVS Pharmacy, Inc..(Bloom, Eric)
February 18, 2016 Filing 262 Letter/request (non-motion) from Lauren G. Barnes to move status conference to March 17. (Barnes, Lauren)
February 15, 2016 Filing 261 STIPULATION AND [PROPOSED] ORDER Setting Date To Respond To CVS Pharmacy, Inc. Complaint by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc.. (Carroll, James)
February 12, 2016 Filing 260 NOTICE by Medicis Pharmaceutical Corp. of Withdrawal of Appearance of Tara L. Reinhart (Carroll, James)
February 11, 2016 Filing 259 ELECTRONIC NOTICE of Hearing. Status Conference set for 2/26/2016 02:30 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
February 11, 2016 Filing 258 Conditional Transfer order number 4 in MDL 2503 dated 2/11/16 from the Judicial Panel on Multidistrict Litigation pursuant to 28 USC 1407, transferring the listed actions to the District of Massachusetts and assigned to Judge Denise J. Casper for consolidated pretrial proceedings. (Jones, Sherry)
January 21, 2016 Filing 257 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #256 Motion for Leave to Appear Pro Hac Vice Added Kristin Koger. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
January 19, 2016 Filing 256 MOTION for Leave to Appear Pro Hac Vice for admission of Kristin M. Koger Filing fee: $ 100, receipt number 0101-5933521 by Impax Laboratories, Inc.. (Attachments: #1 Exhibit A)(O'Brien, Justin)
December 15, 2015 Filing 255 ELECTRONIC NOTICE Canceling Hearing. Status conference set for 12/16/15 cancelled. (Hourihan, Lisa)
December 15, 2015 Filing 254 ELECTRONIC ENDORSEMENT re #253 Status Report filed by Direct Purchaser Plaintiffs. The Court adopts the Substantial Completion of Document Production Deadlines as outlined in Paragraph 1. The Court cancels the status conference set for 12/16/15 at 2:00PM to a date in January which will be scheduled at the end of this week. (Hourihan, Lisa)
December 11, 2015 Filing 253 STATUS REPORT (Joint) by Direct Purchaser Plaintiffs. (Curley, Andrew)
December 8, 2015 Filing 252 ANSWER to Complaint with Jury Demand First Amended Complaint by Lupin Limited, Lupin Pharmaceuticals, Inc..(Landry, William)
December 8, 2015 Filing 251 ANSWER to Complaint with Jury Demand to First Amended Complaint by Lupin Limited, Lupin Pharmaceuticals, Inc..(Landry, William)
December 7, 2015 Filing 250 ANSWER to #216 Amended Complaint with Jury Demand by Impax Laboratories, Inc..(Baldridge, James)
December 7, 2015 Filing 249 ANSWER to #218 Amended Complaint with Jury Demand by Impax Laboratories, Inc..(Baldridge, James)
December 7, 2015 Filing 248 ANSWER to #216 Amended Complaint with Jury Demand by Medicis Pharmaceutical Corp..(Carroll, James)
December 7, 2015 Filing 247 ANSWER to #218 Amended Complaint with Jury Demand by Medicis Pharmaceutical Corp..(Carroll, James)
December 7, 2015 Filing 246 ANSWER to Complaint with Jury Demand #218 to Rite Aid Corporation, et al.'s Amended Complaint Docketed at 218 by Sandoz Inc..(Schoen, Laurence)
December 7, 2015 Filing 245 ANSWER to Complaint with Jury Demand to Walgreen Co., et al.'s Amended Complaint Docketed at 216 by Sandoz Inc..(Schoen, Laurence)
December 3, 2015 Filing 244 Judge Denise J. Casper: ORDER entered. STIPULATION AND ORDER Regarding the Individual Plaintiffs' Pending Claims. (Maynard, Timothy)
December 2, 2015 Filing 243 STIPULATION And [Proposed] Order Regarding The Individual Plaintiffs' Pending Claims by Medicis Pharmaceutical Corp.. (Carroll, James)
December 1, 2015 Filing 242 NOTICE of Withdrawal of Appearance by Natalie Finkelman Bennett of Karen Leser-Grenon on behalf of Plaintiff United Food and Commercial Workers, Local 1776 & Participating Employers Health and Welfare Fund (Bennett, Natalie)
November 19, 2015 Filing 241 NOTICE of Withdrawal of Appearance by Peter C. Thomas Withdrawing Appearance of Ravi R. Sharma (with Certificate of Service) (Thomas, Peter)
November 19, 2015 Filing 240 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #236 Motion for Leave to Appear Pro Hac Vice Added Katie Glynn. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
November 19, 2015 Filing 239 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #235 Motion for Leave to Appear Pro Hac Vice Added Adrienne Vollmer Baxley. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
November 18, 2015 Filing 238 ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 12/16/2015 02:00 PM in Courtroom 11 before Judge Denise J. Casper. Counsel may participate by telephone by calling the teleconference number at 888-675-2535, access code 8274618.(Hourihan, Lisa)
November 16, 2015 ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund re #236 MOTION for Leave to Appear Pro Hac Vice for admission of Katie Glynn Filing fee: $ 100, receipt number 0101-5838158, for $100.00 paid on 11/11/2015, receipt number 0101-5838140. (Adam, Lucien)
November 13, 2015 Filing 237 STATUS REPORT (Joint) by Direct Purchaser Plaintiffs. (Curley, Andrew)
November 11, 2015 Filing 236 MOTION for Leave to Appear Pro Hac Vice for admission of Katie Glynn Filing fee: $ 100, receipt number 0101-5838158 by Lupin Limited, Lupin Pharmaceuticals, Inc..(Rowley, Samuel)
November 10, 2015 Filing 235 MOTION for Leave to Appear Pro Hac Vice for admission of Adrienne Vollmer Baxley Filing fee: $ 100, receipt number 0101-5836379 by Sandoz Inc.. (Attachments: #1 Affidavit of Adrienne Vollmer Baxley)(Schoen, Laurence)
November 2, 2015 Filing 234 Judge Denise J. Casper: ORDER entered. STIPULATION AND ORDER Setting Date to Respond to Individual Actions. (Maynard, Timothy)
October 29, 2015 Filing 233 STIPULATION And Proposed Order by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc.. (Carroll, James)
October 19, 2015 Filing 232 Notice of correction to docket made by Court staff. Correction: Transcript and notice were deleted from docket. corrected because: they were inadvertently docketed to incorrect case. (Scalfani, Deborah)
October 19, 2015 Filing 231 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
October 19, 2015 Filing 230 Transcript of Status Conference held on October 13, 2015, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 11/9/2015. Redacted Transcript Deadline set for 11/19/2015. Release of Transcript Restriction set for 1/18/2016. (Scalfani, Deborah)
October 14, 2015 Filing 229 ELECTRONIC NOTICE of Hearing. Dispositive Motion and Daubert Hearing set for 11/15/2017 10:00 AM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
October 14, 2015 Filing 228 ELECTRONIC NOTICE Setting Hearing on Motion Motion Hearing set for 6/15/2017 10:00 AM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
October 14, 2015 Filing 227 Judge Denise J. Casper: ELECTRONIC ORDER entered. The Court previously indicated that it would hear arguments on the parties' competing discovery proposals at the October 13, 2015 status conference. D. 202. After considering the parties arguments at yesterday's status conference, the Court now rules upon the four areas of the parties' disagreement: 1. Date for Substantial Completion of Document Production: Plaintiffs seek a target date-February 18, 2016-for the substantial completion of the production of documents. D. 200 at 12. The Court is inclined to adopt a target date but agrees, as Defendants argued, that it should adopt a realistic date. Given that the Court has scheduled a further status conference in six weeks (November 20, 2015), the Court orders that between now and then, the parties confer about this matter and attempt to agree and jointly propose a date for the substantial completion of document production. If the parties cannot reach agreement, Plaintiffs are still free to propose a February 2016 date and Defendants can propose a different date and the Court will consider those proposals at the November 20th conference.2. Experts: The Court adopts Plaintiffs' proposal of having one round of expert discovery. The Court recognizes, as Defendants do, that there is at least some overlap between expert issues on the merits and class certification. Here, there may be too fine a line to parse between expert issues that concern the merits and those that concern class certification. Moreover, one set of plaintiffs, the opt-out plaintiffs, are not subject to the class certification motion and resolution of the class certification will not necessarily narrow the issues on the merits. Accordingly, the Court adopts Plaintiffs' proposed schedule for class certification and expert discovery on page 6 of D. 200:January 13, 2017:Plaintiffs file motions for class certification and expert reports addressing class certification and merits issuesMarch 14, 2017: Defendants file oppositions to motions for class certification and expert reports addressing class certification and merits issuesMay 15, 2017: Plaintiffs file replies in support of motions for class certification and reply expert reports addressing class certification and merits issues.June 15, 2017 at 10:00AM: Hearing on class certificationJune 14, 2017: Close of expert discovery3. Depositions: Each side may take up to 25 depositions (i.e., 25 depositions for Plaintiffs collectively; 25 depositions for Defendants collectively). If Plaintiffs feel that additional depositions are consistent with Fed. R. Civ. P. 26(b)(1)-(2) and Fed. R. Civ. P. 30(a)(2), they may seek leave of Court sufficiently before the deadline for fact discovery (i.e., sufficiently before the end of fact discovery for such depositions to be completed before the fact discovery deadline) for additional depositions, but the presumptive limit shall be 25 depositions.4. Summary Judgment Motions: The Court adopts the following dates for dispositive and Daubert motions and a hearing on those motions:July 14, 2017: Parties file dispositive and Daubert motionsSeptember 12, 2017: Parties file oppositions to dispositive and Daubert motionsOctober 27, 2017: Parties file replies to dispositive and Daubert motionsNovember 15, 2017 at 10:00AM:Hearing on dispositive and Daubert motionsTo the extent Plaintiffs seek an order directing Defendants to file for leave before Defendants file a motion for summary judgment before the adopted deadline for doing so, their request is denied. Nevertheless, if Defendants file a motion for summary judgment and Plaintiffs have a good faith basis for contending that the motion is premature in terms of the course of discovery or otherwise, Plaintiffs may seek leave of the Court to stay the motion pending the completion of discovery.No less than five business days before the November 20, 2015 status conference, the parties shall confer and file a joint status report. This report shall address the status of discovery, the parties' joint proposal for a deadline for the substantial completion of document production and any other topics that the parties believe will be ripe for discussion at the status conference. (Hourihan, Lisa)
October 14, 2015 Filing 226 Judge Denise J. Casper: ORDER entered. Stipulated Privilege Log and Order. (Maynard, Timothy)
October 13, 2015 Filing 225 ELECTRONIC NOTICE of Hearing. Status Conference set for 11/20/2015 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
October 13, 2015 Filing 224 ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 10/13/2015. Court hears from the parties on the schedule not agreed on. Court takes matter under advisement. Status Conference set for 11/20/15 at 2:00PM. Counsel to file a joint status report 5 days before the conference. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Andrew Curley, Thomas Sobol, Jessica MacAuley, Scott Perwin, Eric Bloom, Steve Shadowen, Michael Whitlock, Lawrence Schoen, James Carroll, Douglas Baldridge, Danielle Foley and Sean Tepe.) (Hourihan, Lisa)
October 12, 2015 Filing 223 Proposed Document(s) submitted by Direct Purchaser Plaintiffs. Document received: Proposed Joint Agenda for October 13, 2015 Status Conference. (Barnes, Lauren)
October 7, 2015 Filing 221 STIPULATION Privilege Log Protocol [and Proposed Order] by Consolidated Plaintiffs. (Barnes, Lauren)
October 7, 2015 Filing 220 Letter/request (non-motion) from Lauren G. Barnes regarding submission of the parties' stipulated privilege log protocol. (Barnes, Lauren)
October 6, 2015 Filing 219 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #215 Motion to Seal Amended Complaints by Albertson's LLC, HEB GROCERY CO. LP, Rite Aid Corporation, Rite Aid Hdqtrs. Corp., Safeway, Inc., The Kroger Co., Walgreen Co. (Hourihan, Lisa)
October 5, 2015 Filing 218 REDACTION Rite Aid Plaintiffs' Amended Complaint and Demand for Jury Trial byRite Aid Corporation, Rite Aid Hdqtrs. Corp.. (Bloom, Eric)
October 5, 2015 Filing 217 NOTICE OF MANUAL FILING by Albertson's LLC, HEB GROCERY CO. LP, Rite Aid Corporation, Rite Aid Hdqtrs. Corp., Safeway, Inc., The Kroger Co., Walgreen Co. re #216 Redacted Document (Perwin, Scott)
October 5, 2015 Filing 216 REDACTION Walgreen Plaintiffs' Amended Complaint and Demand for Jury Trial byAlbertson's LLC, HEB GROCERY CO. LP, Safeway, Inc., The Kroger Co., Walgreen Co.. (Perwin, Scott)
October 5, 2015 Filing 215 MOTION to Seal Document Unopposed Motion for Leave to File Amended Complaints Under Seal by Albertson's LLC, HEB GROCERY CO. LP, Rite Aid Corporation, Rite Aid Hdqtrs. Corp., Safeway, Inc., The Kroger Co., Walgreen Co..(Perwin, Scott)
September 30, 2015 Filing 214 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #213 Motion for Leave to Appear Pro Hac Vice Added Donald Sean Nation. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
September 29, 2015 Filing 213 MOTION for Leave to Appear Pro Hac Vice for admission of Donald Sean Nation Filing fee: $ 100, receipt number 0101-5766534 by United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund. (Attachments: #1 Exhibit A)(DeValerio, Glen)
September 25, 2015 Filing 212 NOTICE of Appearance by Donna M. Evans on behalf of International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund (Evans, Donna)
September 18, 2015 Filing 211 ANSWER to #196 Amended Complaint (Jury Trial Demanded) by Medicis Pharmaceutical Corp..(Carroll, James)
September 18, 2015 Filing 210 ANSWER to #88 Amended Complaint, (Jury Trial Demanded) by Medicis Pharmaceutical Corp..(Carroll, James)
September 18, 2015 Filing 209 ANSWER to #196 Amended Complaint by Impax Laboratories, Inc..(Baldridge, James)
September 18, 2015 Filing 208 ANSWER to #196 Amended Complaint by Lupin Limited, Lupin Pharmaceuticals, Inc..(BLAD, LEIV)
September 18, 2015 Filing 207 ANSWER to #88 Amended Complaint, by Lupin Limited, Lupin Pharmaceuticals, Inc..(BLAD, LEIV) (Main Document 207 replaced on 9/22/2015) (Maynard, Timothy).
September 18, 2015 Filing 206 ANSWER to #88 Amended Complaint, by Impax Laboratories, Inc..(Baldridge, James)
September 18, 2015 Filing 205 ANSWER to Complaint with Jury Demand to End-Payor Plaintiffs' Consolidated Amended Class Action Complaint by Sandoz Inc..(Schoen, Laurence)
September 18, 2015 Filing 204 ANSWER to Complaint with Jury Demand to Purchaser Plaintiffs' Consolidated Amended Class Action Complaint by Sandoz Inc..(Schoen, Laurence)
September 16, 2015 Filing 203 REDACTION to #184 Sealed document,,,,, (MEMORANDUM AND ORDER, dated August, 14, 2015) byMedicis Pharmaceutical Corp.. (Carroll, James)
September 16, 2015 Filing 202 Judge Denise J. Casper: ELECTRONIC ORDER entered. Having reviewed the parties Joint Submission Pursuant to LR 16.1, D. 200, the Court adopts the parties position outlined on page 5. The Court will take up the disputed proposal at the 10/13/15 status conference.(Hourihan, Lisa)
September 16, 2015 Filing 201 Judge Denise J. Casper: ELECTRONIC ORDER entered. The Court agrees with the redactions as outlined in D. 198. Counsel to file a redacted version of the Memorandum and Order on ECF by 9/18/15.(Hourihan, Lisa)
September 2, 2015 Filing 200 JOINT SUBMISSION pursuant to Local Rule 16.1 - Amended Joint Rule 16(b) and 26(f) Report by Consolidated Plaintiffs.(Barnes, Lauren)
September 2, 2015 Filing 199 Letter/request (non-motion) from Lauren Guth Barnes RE amended joint Rule 16(b) and 26(f) report. (Barnes, Lauren)
September 1, 2015 Filing 197 Judge Denise J. Casper: ORDER entered. STIPULATION AND ORDER Extending Time to Answer Plaintiff's Complaints. (Maynard, Timothy)
August 27, 2015 Filing 196 AMENDED COMPLAINT against All Defendants, filed by City of Providence, Rhode Island.(Buchman, Michael)
August 26, 2015 Filing 195 NOTICE of Scheduling Conference Scheduling Conference set for 10/13/2015 03:00 PM in Courtroom 11 before Judge Denise J. Casper. Associated Cases: 1:14-md-02503-DJC et al.(Hourihan, Lisa)
August 21, 2015 Filing 194 STIPULATION And [Proposed] Order Extending All Defendants' Time To Respond To Plaintiffs' Complaints by Medicis Pharmaceutical Corp.. (Carroll, James)
August 19, 2015 Filing 193 Letter/request (non-motion) from Lauren Guth Barnes RE proposed date and time for Rule 16 conference. (Barnes, Lauren)
August 18, 2015 Filing 192 Judge Denise J. Casper: ELECTRONIC ORDER entered. In light of the Court's ruling on the motion to dismiss, D. 184, the Court is prepared to consider adoption of the deadlines in the discovery plan and schedule proposed in the previously filed Joint Rule 16(b) and 26(f) Report, D. 120. Given, however, that Court allowed portions of the motion to dismiss, the Court wanted the parties to have an opportunity to confer to consider whether this ruling affects their proposal and/or any of their disputes about certain dates relating to class certification and expert disclosures. Accordingly, the parties shall confer and, if desired, propose any revisions to the D. 120 proposal that the parties believe warranted in light of the Court's ruling on the motion to dismiss. Such filing shall not exceed five (5) pages and must be filed no later than September 2, 2015. If no such revisions are proposed as to the originally proposed schedule in D. 120, the parties may file notice of same with the Court, also no later than September 2, 2015. The Court does anticipate requiring, as proposed, periodic, joint status updates from the parties during the course of discovery and will set a schedule for same when it adopts a further scheduling order after receiving any supplemental scheduling proposal pursuant to this ECF Order. (Maynard, Timothy)
August 17, 2015 Filing 191 NOTICE of Withdrawal of Appearance by Peter C. Thomas Withdrawing Appearance of Jennifer Rie (Thomas, Peter)
August 17, 2015 Filing 190 NOTICE of Change of Address or Firm Name by Peter C. Thomas (Thomas, Peter)
August 14, 2015 Filing 189 NOTICE of Appearance by Eric L. Bloom on behalf of Rite Aid Corporation, Rite Aid Hdqtrs. Corp. (Bloom, Eric)
August 14, 2015 Filing 188 NOTICE of Appearance by Barry L. Refsin on behalf of Rite Aid Corporation, Rite Aid Hdqtrs. Corp. (Refsin, Barry)
August 14, 2015 Filing 187 NOTICE of Appearance by Monica L. Rebuck on behalf of Rite Aid Corporation, Rite Aid Hdqtrs. Corp. (Rebuck, Monica)
August 14, 2015 Filing 186 Judge Denise J. Casper: ELECTRONIC ORDER entered. The Court entered its Memorandum and Order, D. 184, today under seal, but intends to unseal it on or about September 11, 2015. The Court will consider limited, proposed redactions proffered jointly by the parties if such proposal is filed by August 28, 2015. The Court also orders the End-Payor Plaintiffs to file a redacted version of their Consolidated Amended Class Action Complaint, D. 92, on the public docket by August 28, 2015.(Hourihan, Lisa)
August 14, 2015 Filing 185 Judge Denise J. Casper: ELECTRONIC ORDER entered granting in part and denying in part #110 Motion to Dismiss (Hourihan, Lisa)
August 14, 2015 Filing 184 SEALED DOCUMENT. Memorandum and Order - the Court ALLOWS in part and DENIES in part Defendants' motion to dismiss, D. 110, as follows: 1. The Motion to Dismiss is ALLOWED with respect to the Direct-Purchaser Plaintiffs' claims against Defendants for monopolization and attempted monopolization under Sherman Act Section 2. 2. The Motion to Dismiss is ALLOWED with respect to the End-Payor Plaintiffs' state law claims against Defendants for monopolization, attempted monopolization and conspiracy and combination in restraint of trade arising under the laws of Illinois and Puerto Rico. 3. The Motion to Dismiss is ALLOWED with respect to the End-Payor Plaintiffs' state law consumer protection and deceptive trade practices claims against Defendants arising under the laws of Iowa, Illinois, Kansas, Tennessee and Vermont. 4. The Motion to Dismiss is ALLOWED with respect to the End-Payor Plaintiffs' state law claims for unjust enrichment against Defendants arising under the laws of Colorado, Connecticut, Delaware, Georgia, Idaho, Kentucky, Maine, Maryland, North Dakota, Pennsylvania, South Carolina, Texas and Virginia. 5. The Motion to Dismiss is ALLOWED with respect to all remaining claims asserted against Defendant Valeant. 6. The Motion to Dismiss is DENIED in all other respects. So Ordered. (Hourihan, Lisa)
July 31, 2015 Filing 183 NOTICE of Appearance by David R. Cheverie on behalf of International Union of Operating Engineers Stationary Engineers Local 39 Health & Welfare Trust Fund (Cheverie, David)
July 14, 2015 Filing 182 Notice of Supplemental Authorities re #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) (Attachments: #1 Exhibit)(Barnes, Lauren)
July 14, 2015 Filing 181 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #178 Motion for Leave to File Notice of Supplemental Authority in Support of Plaintiffs' Joint Memorandum in Opposition to Defendants' Motion to Dismiss by Consolidated Plaintiffs; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
July 10, 2015 Filing 180 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #177 Motion to Withdraw as Attorney. Attorney Derek Brandt terminated (Hourihan, Lisa)
July 7, 2015 Filing 179 RESPONSE to Motion re #178 Assented to MOTION for Leave to File Notice of Supplemental Authority in Support of Plaintiffs' Joint Memorandum in Opposition to Defendants' Motion to Dismiss filed by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc., Valeant Pharmaceuticals International, Inc.. (Carroll, James)
July 6, 2015 Filing 178 Assented to MOTION for Leave to File Notice of Supplemental Authority in Support of Plaintiffs' Joint Memorandum in Opposition to Defendants' Motion to Dismiss by Consolidated Plaintiffs. (Attachments: #1 Exhibit)(Barnes, Lauren)
June 29, 2015 Filing 177 MOTION to Withdraw as Attorney by City of Providence, Rhode Island.(Brandt, Derek)
June 16, 2015 Filing 176 Notice of Supplemental Authorities re #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) (Attachments: #1 Exhibit A)(Carroll, James)
June 16, 2015 Filing 175 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #174 Motion for Leave to File Notice of Supplemental Authority in Further Support of Defendants' Motion to Dismiss (Unobjected-To) by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc., Valeant Pharmaceuticals International, Inc.; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
June 15, 2015 Filing 174 MOTION for Leave to File Notice of Supplemental Authority in Further Support of Defendants' Motion to Dismiss (Unobjected-To) by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc., Valeant Pharmaceuticals International, Inc.. (Attachments: #1 Exhibit 1)(Carroll, James)
June 10, 2015 Filing 173 Judge Denise J. Casper: ORDER entered. Stipulation and Order Extending Time to Respond to Individual Actions. (Maynard, Timothy)
June 8, 2015 Filing 172 Notice of Supplemental Authorities re #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) (Attachments: #1 Exhibit)(Barnes, Lauren)
June 8, 2015 Filing 171 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #170 Motion for Leave to File Notice of Supplemental Authority in Support of Plaintiffs' Joint Memorandum in Opposition to Defendants' Motion to Dismiss by Consolidated Plaintiffs; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
June 5, 2015 Filing 170 Assented to MOTION for Leave to File Notice of Supplemental Authority in Support of Plaintiffs' Joint Memorandum in Opposition to Defendants' Motion to Dismiss by Consolidated Plaintiffs. (Attachments: #1 Exhibit)(Barnes, Lauren)
June 3, 2015 Filing 169 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #168 Motion to Withdraw of Counsel for Impax (Hourihan, Lisa)
June 2, 2015 Filing 168 MOTION to Withdraw Appearance of Counsel by Impax Laboratories, Inc.. (Attachments: #1 Text of Proposed Order)(Hur, Benedict)
May 28, 2015 Filing 167 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #166 Motion for Leave to Appear Pro Hac Vice Added Danielle R. Foley, James Douglas Baldridge and Lisa Jose Fales. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
May 21, 2015 Filing 166 MOTION for Leave to Appear Pro Hac Vice for admission of Danielle R. Foley, James Douglas Baldridge and Lisa Jose Fales Filing fee: $ 300, receipt number 0101-5568304 by Impax Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(O'Brien, Justin)
May 18, 2015 Filing 165 NOTICE of Appearance by Richard Alan Arnold on behalf of Albertson's LLC, HEB GROCERY CO. LP, Safeway, Inc., The Kroger Co., Walgreen Co. (Arnold, Richard)
May 18, 2015 Filing 164 NOTICE of Appearance by Lauren C. Ravkind on behalf of Albertson's LLC, HEB GROCERY CO. LP, Safeway, Inc., The Kroger Co., Walgreen Co. (Ravkind, Lauren)
May 18, 2015 Filing 163 NOTICE of Appearance by Anna T. Neill on behalf of Albertson's LLC, HEB GROCERY CO. LP, Safeway, Inc., The Kroger Co., Walgreen Co. (Ravkind, Lauren) Modified on 5/19/2015 to edit attorney (Maynard, Timothy).
May 18, 2015 Filing 162 NOTICE of Appearance by Scott E. Perwin on behalf of Albertson's LLC, HEB GROCERY CO. LP, Safeway, Inc., The Kroger Co., Walgreen Co. (Perwin, Scott)
May 15, 2015 Filing 161 Notice of Supplemental Authorities re #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) (Attachments: #1 Exhibit A)(Carroll, James)
May 15, 2015 Filing 160 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #159 Motion for Leave to File Notice of Supplemental Authority in Further Support of Defendants' Motion to Dismiss (UNOBJECTED-TO) by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc., Valeant Pharmaceuticals International, Inc.; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
May 14, 2015 Filing 159 MOTION for Leave to File Notice of Supplemental Authority in Further Support of Defendants' Motion to Dismiss (UNOBJECTED-TO) by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc., Valeant Pharmaceuticals International, Inc.. (Attachments: #1 Exhibit Exhibit 1)(Carroll, James)
May 14, 2015 Filing 158 Notice of Supplemental Authorities re #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) (Attachments: #1 Exhibit)(Barnes, Lauren)
May 4, 2015 Filing 157 STIPULATION And [Proposed] Order Extending Time To Respond To Individual Actions by Medicis Pharmaceutical Corp.. (Carroll, James)
May 1, 2015 Filing 156 Conditional Transfer order number 3 in MDL 2503 dated 5/1/15 from the Judicial Panel on Multidistrict Litigation pursuant to 28 USC 1407, transferring the listed actions to the District of Massachusetts and assigned to Judge Denise J. Casper for consolidated pretrial proceedings. (Jones, Sherry)
April 16, 2015 Filing 155 Direct Purchaser Plaintiffs' Response To The Tag-Along Walgreen Plaintiffs' "Statement" Regarding Case Management Order No. 2 - Response by Direct Purchaser Plaintiffs to #154 Notice (Other) . (Barnes, Lauren)
April 8, 2015 Filing 154 NOTICE by Albertson's LLC, HEB GROCERY CO. LP, Safeway, Inc., The Kroger Co., Walgreen Co. re #72 Order on Motion for Order, Plaintiffs Statement Regarding Case Management Order No. 2 (Perwin, Scott)
April 8, 2015 Filing 153 Conditional Transfer order number 2 in MDL 2503 dated 4/8/15 from the Judicial Panel on Multidistrict Litigation pursuant to 28 USC 1407, transferring the listed actions to the District of Massachusetts and assigned to Judge Denise J. Casper for consolidated pretrial proceedings. (Jones, Sherry)
March 25, 2015 Filing 152 NOTICE of Withdrawal of Appearance by Michael Coren (Withdrawal of Appearance of Jacob A. Goldberg) (Coren, Michael)
March 25, 2015 Filing 151 Notice of Supplemental Authorities re #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) (Attachments: #1 Exhibit)(Barnes, Lauren)
March 25, 2015 Filing 150 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #149 Motion for Leave to File Notice of Supplemental Authority in Support of Plaintiffs' Joint Memorandum in Opposition to Defendants' Motion to Dismiss by Direct Purchaser Plaintiffs; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
March 24, 2015 Filing 149 MOTION for Leave to File Notice of Supplemental Authority in Support of Plaintiffs' Joint Memorandum in Opposition to Defendants' Motion to Dismiss by Direct Purchaser Plaintiffs. (Attachments: #1 Exhibit)(Barnes, Lauren)
March 24, 2015 Filing 148 Notice of Supplemental Authorities re #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) (Attachments: #1 Exhibit A)(Carroll, James)
March 24, 2015 Filing 147 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #146 Motion for Leave to File Notice of Supplemental Authority in Further Support of Defendants' Motion to Dismiss (UNOBJECTED-TO) by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc., Valeant Pharmaceuticals International, Inc.(Hourihan, Lisa)
March 23, 2015 Filing 146 MOTION for Leave to File Notice of Supplemental Authority in Further Support of Defendants' Motion to Dismiss (UNOBJECTED-TO) by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc., Valeant Pharmaceuticals International, Inc.. (Attachments: #1 Exhibit 1)(Carroll, James)
March 16, 2015 Filing 145 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
March 16, 2015 Filing 144 Transcript of Motion Hearing held on March 12, 2015, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 4/6/2015. Redacted Transcript Deadline set for 4/16/2015. Release of Transcript Restriction set for 6/15/2015. (Scalfani, Deborah)
March 12, 2015 Filing 142 ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 3/12/2015 re #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) filed by Impax Laboratories, Inc., Lupin Limited, Medicis Pharmaceutical Corp., Lupin Pharmaceuticals, Inc., Sandoz Inc., Valeant Pharmaceuticals International, Inc. Arguments. Court takes under advisement #110 Motion to Dismiss. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Tom Sobol, Steve Shadowen, Steve Sunshine, Kenneth O'Rourke, Peter Thomas, Leiv Blad and James Carroll.) (Hourihan, Lisa)
February 25, 2015 Filing 140 REPLY to Response to #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) (PUBLIC VERSION) filed by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc., Valeant Pharmaceuticals International, Inc.. (Carroll, James)
February 23, 2015 Filing 139 APPENDIX/EXHIBIT (Defendants' Exhibits Responding To #124 Plaintiffs' State Law Appendices) by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc., Valeant Pharmaceuticals International, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Carroll, James)
February 23, 2015 Filing 138 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #134 Motion for Leave to File Exhibits Responding To Plaintiffs' State Law Claims, Or, In The Alternative, MOTION to Strike Plaintiffs' State Law Appendices; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
February 19, 2015 Filing 137 REPLY Memorandum in Support of Defendants' Omnibus #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested). (Hourihan, Lisa)
February 19, 2015 Filing 136 NOTICE of Appearance by Laurence A. Schoen on behalf of Sandoz Inc. (Schoen, Laurence)
February 17, 2015 Filing 135 RESPONSE to Motion re #134 MOTION for Leave to File Exhibits Responding To Plaintiffs' State Law Claims, Or, In The Alternative MOTION to Strike Plaintiffs' State Law Appendices filed by Consolidated Plaintiffs. (Barnes, Lauren)
February 16, 2015 Filing 134 MOTION for Leave to File Exhibits Responding To Plaintiffs' State Law Claims, Or, In The Alternative, MOTION to Strike Plaintiffs' State Law Appendices ( Responses due by 3/2/2015) by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc., Valeant Pharmaceuticals International, Inc.. (Attachments: #1 [Proposed] Exhibits Responding To Plaintiffs' State Law Claims)(Carroll, James)
February 16, 2015 Filing 133 DECLARATION (Reply Transmittal Declaration Of James R. Carroll) by Medicis Pharmaceutical Corp., Valeant Pharmaceuticals International, Inc.. (Attachments: #1 Exhibit A)(Carroll, James)
February 16, 2015 Filing 132 NOTICE OF MANUAL FILING by Medicis Pharmaceutical Corp., Valeant Pharmaceuticals International, Inc. FILED UNDER SEAL: Reply Memorandum In Support Of Defendants' Omnibus Motion To Dismiss The Direct Purchaser Plaintiffs' And End-Payor Plaintiffs' Consolidated Amended Complaints (Carroll, James)
February 13, 2015 Filing 131 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #130 Motion for Leave to Appear Pro Hac Vice Added Benedict Hur. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy) Modified on 2/26/2015 (Maynard, Timothy).
February 13, 2015 Filing 130 MOTION for Leave to Appear Pro Hac Vice for admission of Benedict Hur Filing fee: $ 100, receipt number 0101-5407103 by Impax Laboratories, Inc.. (Attachments: #1 Certificate of Good Standing)(O'Brien, Justin)
February 11, 2015 Filing 129 Notice of Supplemental Authorities re #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) (Attachments: #1 Exhibit A)(Barnes, Lauren)
February 6, 2015 Filing 128 Opposition re #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) (PUBLIC VERSION - REDACTED) filed by Consolidated Plaintiffs. (Barnes, Lauren)
February 3, 2015 Filing 127 NOTICE of Appearance by Lee Albert on behalf of Plumbers & Pipefitters Local 178 Health and Welfare Trust Fund (Albert, Lee)
January 20, 2015 Filing 126 MEMORANDUM in Opposition re #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) filed by Consolidated Plaintiffs. (Maynard, Timothy)
January 20, 2015 Filing 125 Judge Denise J. Casper: ORDER entered. ORDER Regarding the Production of Discovery Material. (Attachments: #1 Exhibit A)(Maynard, Timothy)
January 16, 2015 Filing 124 DECLARATION of Lauren Barnes by Consolidated Plaintiffs. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C)(Barnes, Lauren)
January 16, 2015 Filing 123 NOTICE by Consolidated Plaintiffs of Filing Under Seal (Attachments: #1 Exhibit)(Barnes, Lauren)
January 12, 2015 Filing 122 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #116 Motion for Leave to Appear Pro Hac Vice Added Sean M. Tepe. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
January 6, 2015 Filing 121 Proposed Document(s) submitted by Sandoz Inc.. Document received: [Proposed] Order Regarding the Production of Discovery Material. (McGinty, Kevin)
January 6, 2015 Filing 120 JOINT SUBMISSION pursuant to Local Rule 16.1 - Joint Rule 16(b) and 26(f) Report by Consolidated Plaintiffs. (Attachments: #1 Exhibit A - Plaintiffs' Position, #2 Exhibit B - Defendants' Position)(Barnes, Lauren)
December 30, 2014 Filing 119 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #101 Motion to Seal Transcript. Motion to seal transcript ALLOWED to the following extent. Reference to the specific, alleged dollar amount of consideration tendered by Defendant Medici to Sandoz shall be redacted (as under seal) from any publicly available transcript. (Hourihan, Lisa)
December 26, 2014 Filing 118 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
December 26, 2014 Filing 117 Transcript of Scheduling Conference held on September 29, 2014, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 1/16/2015. Redacted Transcript Deadline set for 1/26/2015. Release of Transcript Restriction set for 3/26/2015. (Scalfani, Deborah)
December 18, 2014 Filing 116 MOTION for Leave to Appear Pro Hac Vice for admission of Sean M. Tepe Filing fee: $ 100, receipt number 0101-5329710 by Medicis Pharmaceutical Corp., Valeant Pharmaceuticals International, Inc.. (Attachments: #1 Exhibit A)(Carroll, James)
December 15, 2014 Filing 115 DECLARATION re #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) (PUBLIC VERSION) by Medicis Pharmaceutical Corp., Valeant Pharmaceuticals International, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q (Part 1 of 2), #18 Exhibit Q (Part 2 of 2), #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD)(Carroll, James)
December 15, 2014 Filing 114 MEMORANDUM in Support re #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) (PUBLIC VERSION) filed by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc., Valeant Pharmaceuticals International, Inc.. (Carroll, James)
December 11, 2014 Filing 113 ELECTRONIC NOTICE Setting Hearing on Motion #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) : NOTICE TO COUNSEL re: Cameras in the Courtroom Project. The parties in this case are hereby notified that this scheduled proceeding is eligible for video recording. Counsel are directed to the district court web site at #http://www.mad.uscourts.gov/general/cameras.html to determine if they wish to consent to video recording. Responses are due seven days from the date of this notice. A RESPONSE FROM EACH PARTY IS REQUIRED. Motion Hearing set for 3/12/2015 03:30 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
November 25, 2014 Filing 112 Judge Denise J. Casper: ELECTRONIC ORDER entered re #102 Motion to stay discovery is ALLOWED in part and DENIED in part. The motion to stay is denied in part as discovery as to the following matters shall proceed despite the pendency of the motion to dismiss: 1) the parties shall exchange Rule 26(a) disclosures by December 16, 2014; 2) the Defendants shall produce those materials presented or produced to the FTC in connection with, or generated in, that agency's investigation of Solodyn and its generic equivalents on or before January 6, 2015; 3) the parties shall negotiate and agree to a stipulated protocol governing the search and production of electronically stored information ("ESI") and shall submit it to the Court for review and approval on or before January 6, 2015; and 4) in light of the Court's ruling on the motion to stay, the parties shall confer and propose a joint discovery plan for the remainder of discovery pursuant to Fed. R. Civ. P. 26(f) (for dates to commence after the resolution of the pending motion to dismiss) and file it with the Court on or before January 6, 2015. In all other respects, the motion is ALLOWED and any discovery beyond that described in this Order is stayed pending the resolution of the motion to dismiss, D. 110. (Maynard, Timothy)
November 24, 2014 Filing 111 NOTICE OF MANUAL FILING by Medicis Pharmaceutical Corp., Valeant Pharmaceuticals International, Inc. FILED UNDER SEAL: 1. Memorandum Of Law In Support Of Defendants' Omnibus Motion To Dismiss The Direct Purchaser Plaintiffs' And End-Payor Plaintiffs' Consolidated Amended Complaints; 2. Transmittal Declaration Of James R. Carroll, Esq.; and 3. Exhibits To Transmittal Declaration Of James R. Carroll, Esq. (Volumes I and II) re #110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) (Carroll, James)
November 24, 2014 Filing 110 MOTION to Dismiss #91 The Direct Purchaser Plaintiffs' And #92 End-Payor Plaintiffs' Consolidated Amended Complaints (Oral Argument Requested) by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc., Valeant Pharmaceuticals International, Inc..(Carroll, James)
November 24, 2014 Filing 109 First NOTICE of Change of Address or Firm Name by Zarema Arutyunova (Arutyunova, Zarema)
November 24, 2014 Filing 108 First NOTICE of Change of Address or Firm Name by Zarema Arutyunova (Arutyunova, Zarema) Modified on 11/24/2014 to delete document as it was filed in error (Maynard, Timothy).
October 30, 2014 Filing 106 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #105 Motion for Leave to Appear Pro Hac Vice Added Archana Tamoshunas. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
October 29, 2014 Filing 105 MOTION for Leave to Appear Pro Hac Vice for admission of Archana Tamoshunas Filing fee: $ 100, receipt number 0101-5256279 by Consolidated Plaintiffs. (Attachments: #1 Affidavit - Affidavit of Archana Tamoshunas)(Barnes, Lauren)
October 14, 2014 Filing 104 MEMORANDUM in Opposition re #102 Joint MOTION to Stay Discovery - Plaintiffs' Joint Memorandum in Opposition to Defendants' Joint Motion to Stay Discovery filed by Consolidated Plaintiffs. (Attachments: #1 Affidavit Declaration of Lauren Guth Barnes, #2 Exhibit Ex. A, #3 Exhibit Ex. B, #4 Exhibit Ex. C, #5 Exhibit Ex. D, #6 Exhibit Ex. E, #7 Exhibit Ex. F)(Barnes, Lauren)
October 6, 2014 Filing 103 MEMORANDUM in Support re #102 Joint MOTION to Stay Discovery filed by Valeant Pharmaceuticals International, Inc.. (Attachments: #1 Declaration of Tara L. Reinhart)(Carroll, James)
October 6, 2014 Filing 102 Joint MOTION to Stay Discovery by Impax Laboratories, Inc., Lupin Limited, Lupin Pharmaceuticals, Inc., Medicis Pharmaceutical Corp., Sandoz Inc., Valeant Pharmaceuticals International, Inc..(Carroll, James)
October 1, 2014 Filing 101 MOTION to Seal the September 29, 2014 Hearing Transcript (Unopposed) by Sandoz Inc..(McGinty, Kevin)
September 29, 2014 Filing 100 ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 9/29/2014. Court hears from counsel re: scheduling of the case and request for stay. Counsel to file a motion to stay by 10/6/14. Response to be filed by 10/14/14. Briefs not to exceed 10 pages. Court adopts the schedule as outlined in D.93 as follows: Motion to dimiss to be filed by 11/24/14. Opposition to be filed by 1/16/15. Replies to be filed by 2/16/15. Brief not to exceed 60 pages for the defendants. Plaintiffs brief not to exceed 60 pages. Reply Brief not to exceed 20 pages. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Michael Buchman, Glen DeValerio, Andrew Curley, David Sorensen, Lauren Barnes and Steve Shadowen for the plaintiffs. Leiv Blad, Sam Rowley, Abraham Ellis, James Carroll, Steven Sunshine, Tara Reinhart, and Audrey Walton-Hadlock for the defendants.) (Hourihan, Lisa)
September 29, 2014 Filing 99 Judge Denise J. Casper: ORDER Regarding the Non-Disclosure of Certain Information Regarding Expert Witnesses(Hourihan, Lisa)