FWK Holdings LLC v. Shire PLC et al (Direct Purchaser Antitrust Class Action Complaint)
| FWK Holdings LLC |
| Shire PLC, Teva Pharmaceuticals USA, Inc., Actavis Elizabeth LLC, Actavis Holdco US, Inc., Teva Pharmaceutical Industries Ltd., Actavis LLC, Shire U.S., Inc. and Shire, LLC |
| Rochester Drug Co-Operative, Inc. |
| Meijer Distribution, Inc., Meijer, Inc. and BI-LO, LLC |
| Shire LLC and Shire US Inc. |
| 1:2016cv12653 |
| December 30, 2016 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Middlesex |
| Allison D Burroughs |
| Nathaniel M Gorton |
| Anti-Trust |
| 15 U.S.C. § 1 Antitrust Litigation |
| Plaintiff |
Docket Report
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| Filing 686 NOTICE of Appearance by Abbye R. K. Ognibene on behalf of BI-LO, LLC, FWK Holdings LLC, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Co-Operative, Inc. (Ognibene, Abbye) |
| Filing 685 Judge Allison D. Burroughs: ELECTRONIC ORDER entered APPROVIVNG #684 JOINT STIPULATION REGARDING DE BENE ESSE DEPOSITION OF TATAJNA MAY. (Folan, Karen) |
| Filing 684 STIPULATION (JOINT STIPULATION AND [PROPOSED] ORDER REGARDING DE BENE ESSE DEPOSITION OF TATAJNA MAY) by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) |
| Filing 683 SUR-REPLY to Motion re #638 MOTION Direct Purchaser Plaintiffs Rochester Drug Co-Operative, Inc. and BI-LO, LLC's Motion To Be Appointed Class Representatives filed by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) |
| Filing 682 Judge Allison D. Burroughs: ELECTRONIC ORDER entered GRANTING #681 MOTION for Leave to File Sur-Reply in Further Opposition to Direct Purchase Plaintiffs' Motion to Appoint RDC and BI-LO as Class Representatives ; 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. (McManus, Caetlin) |
| Filing 681 MOTION for Leave to File Sur-Reply in Further Opposition to Direct Purchase Plaintiffs' Motion to Appoint RDC and BI-LO as Class Representatives by Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit Shire's Sur-Reply in Opposition to Direct Purchase Plaintiffs Rochester Drug Co-Operatives, Inc. and BI-LO, LLC's Motion to be Appointed Class Representatives)(Barlow, Joshua) |
| Filing 680 REPLY to Response to #665 MOTION to Compel (SHIRE'S MOTION TO COMPEL ARBITRATION AND DISMISS BI-LO'S COMPLAINT IN INTERVENTION, OR STAY PENDING ARBITRATION) filed by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 10/5/2023: #1 Unredacted Reply in support of Motion to Compel Arbitration (SEALED)) (McManus, Caetlin). |
| Filing 679 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #678 Motion to Seal Shire's Reply in Support of its Motion to Compel Arbitration of BI-LO's Claims. (Folan, Karen) |
| Filing 678 Assented to MOTION to Seal [Shire's Reply in Support of its Motion to Compel Arbitration of BI-LO's Claims] by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) Modified filing event on 10/4/2023 (McManus, Caetlin). |
| Filing 677 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #676 Motion for Extension of Time to October 4th, 2023 to File Reply as to #675 Opposition to Motion, #665 MOTION to Compel (SHIRE'S MOTION TO COMPEL ARBITRATION AND DISMISS BI-LO'S COMPLAINT IN INTERVENTION, OR STAY PENDING ARBITRATION). (Folan, Karen) |
| Filing 676 MOTION for Extension of Time to October 4th, 2023 to File Response/Reply as to #675 Opposition to Motion, #665 MOTION to Compel (SHIRE'S MOTION TO COMPEL ARBITRATION AND DISMISS BI-LO'S COMPLAINT IN INTERVENTION, OR STAY PENDING ARBITRATION) Unopposed by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 675 Opposition re #665 MOTION to Compel (SHIRE'S MOTION TO COMPEL ARBITRATION AND DISMISS BI-LO'S COMPLAINT IN INTERVENTION, OR STAY PENDING ARBITRATION) [REDACTED] filed by BI-LO, LLC, FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 9/25/2023: #1 Unredacted Oppostiion (SEALED)) (McManus, Caetlin). |
| Filing 674 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #673 Motion to Seal DIRECT PURCHASER PLAINTIFFS' OPPOSITION TO SHIRE'S MOTION TO COMPEL ARBITRATION. (Folan, Karen) |
| Filing 673 MOTION to Seal DIRECT PURCHASER PLAINTIFFS' OPPOSITION TO SHIRE'S MOTION TO COMPEL ARBITRATION by BI-LO, LLC, FWK Holdings LLC, Rochester Drug Co-Operative, Inc..(Barnes, Lauren) |
| Filing 672 REPLY to Response to #638 MOTION Direct Purchaser Plaintiffs Rochester Drug Co-Operative, Inc. and BI-LO, LLC's Motion To Be Appointed Class Representatives [REDACTED VERSION] filed by BI-LO, LLC, FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Barnes Declaration, #2 Exhibit 3 (SEALED))(Barnes, Lauren) (Attachment 2 replaced on 9/14/2023) (McManus, Caetlin). (Additional attachment(s) added on 9/14/2023: #3 Unredacted Reply (SEALED)) (McManus, Caetlin). |
| Filing 671 Judge Allison D. Burroughs: ELECTRONIC ORDER entered GRANTING #670 UNOPPOSED MOTION to Seal Direct Purchaser Plaintiffs' Reply In Support of Motion to Be Appointed Class Representatives. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (McManus, Caetlin) |
| Filing 670 MOTION to Seal [UNOPPOSED] Direct Purchaser Plaintiffs' Reply In Support of Motion to Be Appointed Class Representatives [ECF No. 638] by BI-LO, LLC, FWK Holdings LLC, Rochester Drug Co-Operative, Inc..(Barnes, Lauren) |
| Filing 669 DECLARATION re #638 MOTION Direct Purchaser Plaintiffs Rochester Drug Co-Operative, Inc. and BI-LO, LLC's Motion To Be Appointed Class Representatives , #665 MOTION to Compel (SHIRE'S MOTION TO COMPEL ARBITRATION AND DISMISS BI-LO'S COMPLAINT IN INTERVENTION, OR STAY PENDING ARBITRATION) (DECLARATION OF JOSHUA S. BARLOW, ESQ. IN SUPPORT OF (1) SHIRE'S MOTION TO COMPEL ARBITRATION AND DISMISS BI-LO'S COMPLAINT IN INTERVENTION, OR STAY PENDING ARBITRATION; AND (2) SHIRE'S OPPOSITION TO DIRECT PURCHASER PLAINTIFFS ROCHESTER DRUG COOPERATIVE, INC. AND BI-LO, LLC'S MOTION TO BE APPOINTED CLASS REPRESENTATIVES) by Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit 1 (SEALED), #2 Exhibit 2 (SEALED), #3 Exhibit 3 (SEALED), #4 Exhibit 4 (SEALED), #5 Exhibit 5 (SEALED), #6 Exhibit 6 (SEALED), #7 Exhibit 7 (SEALED), #8 Exhibit 8 (SEALED), #9 Exhibit 9 (SEALED), #10 Exhibit 10 (SEALED), #11 Exhibit 11 (SEALED), #12 Exhibit 12 (SEALED), #13 Exhibit 13 (SEALED), #14 Exhibit 14 (SEALED), #15 Exhibit 15 (SEALED), #16 Exhibit 16 (SEALED), #17 Exhibit 17 (SEALED), #18 Exhibit 18 (SEALED), #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21 (SEALED), #22 Exhibit 22 (SEALED), #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26 (SEALED), #27 Exhibit 27, #28 Exhibit 28 (SEALED), #29 Exhibit 29 (SEALED))(Barlow, Joshua) (Attachments 1-18, 21, 22, 26, 28 and 29 replaced on 9/5/2023) (McManus, Caetlin). |
| Filing 668 MEMORANDUM in Opposition re #638 MOTION Direct Purchaser Plaintiffs Rochester Drug Co-Operative, Inc. and BI-LO, LLC's Motion To Be Appointed Class Representatives filed by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 9/5/2023: #1 Unredacted Opposition (SEALED)) (McManus, Caetlin). |
| Filing 667 MEMORANDUM in Support re #665 MOTION to Compel (SHIRE'S MOTION TO COMPEL ARBITRATION AND DISMISS BI-LO'S COMPLAINT IN INTERVENTION, OR STAY PENDING ARBITRATION) filed by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 9/5/2023: #1 Unredacted Memo in Support (SEALED)) (McManus, Caetlin). (Main Document 667 replaced on 9/5/2023) (McManus, Caetlin). |
| Filing 666 Letter/request (non-motion) from Defendant Shire RE: PARTIAL WITHDRAWAL OF LETTER REQUEST AT ECF NO. 658. (Barlow, Joshua) |
| Filing 665 MOTION to Compel (SHIRE'S MOTION TO COMPEL ARBITRATION AND DISMISS BI-LO'S COMPLAINT IN INTERVENTION, OR STAY PENDING ARBITRATION) by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) (Additional attachment(s) added on 9/5/2023: #1 Unredacted Motion (SEALED)) (McManus, Caetlin). |
| Filing 664 Letter/request (non-motion) from Lauren G. Barnes In Response to Shire's Letter Brief Compelling Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (SEALED), #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 (SEALED))(Barnes, Lauren) (Attachments 2 and 6 replaced on 8/31/2023) (McManus, Caetlin). (Additional attachment(s) added on 8/31/2023: #7 Unredacted Letter (SEALED)) (McManus, Caetlin). |
| Filing 663 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #662 Assented to MOTION to Seal Document [Shires Motion to Compel Arbitration of BI-LOs Claims and Shires Opposition to BI-LO and RDCs Motion to be Appointed Class Representatives]. (Folan, Karen) |
| Filing 662 Assented to MOTION to Seal Document [Shires Motion to Compel Arbitration of BI-LOs Claims and Shires Opposition to BI-LO and RDCs Motion to be Appointed Class Representatives] by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 661 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #660 Motion to Seal Response to Shire Letter Motion to Compel (ECF No. 658). (Folan, Karen) |
| Filing 660 Assented to MOTION to Seal Response to Shire Letter Motion to Compel (ECF No. 658) by FWK Holdings LLC, Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 659 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #657 Assented to MOTION to Seal. (McManus, Caetlin) |
| Filing 658 Letter/request (non-motion) from Shire RE: Motion to Compel RDC to Appear for Rule 30(b)(6) Deposition and Produce Certain Documents (EXPEDITED RELIEF REQUESTED). (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)(Barlow, Joshua) (Attachment 12 replaced on 8/21/2023) (McManus, Caetlin). |
| Filing 657 Assented to MOTION to Seal Document [Portions of Shires Motions to Compel to be Directed to RDC and BI-LO] by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 656 DECLARATION re #645 MOTION for Leave to Take Limited Discovery of Absent Class Members by Shire U.S., Inc., Shire, LLC. (Attachments: #1 Ex. 7 - June 29, 2023 Status Conference Transcript, #2 Ex. 8 - LeBlanc Transcript -SEALED)(Barlow, Joshua) (Attachment 2 replaced on 8/21/2023) (McManus, Caetlin). |
| Filing 655 REPLY to Response to #645 MOTION for Leave to Take Limited Discovery of Absent Class Members filed by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) |
| Filing 654 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #653 Assented to MOTION to Seal Document [Reply in Support of Shires Motion for Leave To Take Limited Discovery of Absent Class Members] (Folan, Karen) |
| Filing 653 Assented to MOTION to Seal Document [Reply in Support of Shires Motion for Leave To Take Limited Discovery of Absent Class Members] by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 652 NOTICE of Appearance by Claudia Morera on behalf of BI-LO, LLC, FWK Holdings LLC (Morera, Claudia) |
| Filing 651 MEMORANDUM in Opposition re #645 MOTION for Leave to Take Limited Discovery of Absent Class Members [REDACTED VERSION] filed by BI-LO, LLC, FWK Holdings LLC. (Barnes, Lauren) (Additional attachment(s) added on 8/14/2023: #1 Unredacted Opposition (SEALED)) (McManus, Caetlin). |
| Filing 650 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #649 Motion to Seal DIRECT PURCHASER PLAINTIFFS' OPPOSITION TO SHIRE'S MOTION TO TAKE DISCOVERY OF ABSENT CLASS MEMBERS. (Folan, Karen) |
| Filing 649 Assented to MOTION to Seal DIRECT PURCHASER PLAINTIFFS' OPPOSITION TO SHIRE'S MOTION TO TAKE DISCOVERY OF ABSENT CLASS MEMBERS by BI-LO, LLC, FWK Holdings LLC. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 648 Notice of correction to docket made by Court staff. Correction: ECF No. #646 , Attachment 1, Shires Unredacted Memorandum in Support of its Motion for Limited Discovery of Absent Class Members (SEALED) corrected because: Replaced with correct version, as incorrect version was originally provided to the clerk in error. (McManus, Caetlin) |
| Filing 647 DECLARATION re #645 MOTION for Leave to Take Limited Discovery of Absent Class Members by Shire LLC, Shire U.S., Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Barlow, Joshua) (Attachments 1-6 replaced on 7/31/2023) (McManus, Caetlin). |
| Filing 646 MEMORANDUM in Support re #645 MOTION for Leave to Take Limited Discovery of Absent Class Members filed by Shire LLC, Shire U.S., Inc.. (Barlow, Joshua) (Additional attachment(s) added on 7/31/2023: #1 Unredacted Memorandum (SEALED)) (McManus, Caetlin). (Attachment 1 replaced on 8/3/2023) (McManus, Caetlin). |
| Filing 645 MOTION for Leave to Take Limited Discovery of Absent Class Members by Shire LLC, Shire U.S., Inc..(Barlow, Joshua) |
| Filing 644 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #643 Assented to MOTION to Seal Document [Shire's Memoranda or Exhibits Thereto in Support of Shire's Motion for Leave To Take Limited Discovery of Absent Class Members] (Folan, Karen) |
| Filing 643 Assented to MOTION to Seal Document [Shire's Memoranda or Exhibits Thereto in Support of Shire's Motion for Leave To Take Limited Discovery of Absent Class Members] by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 642 Judge Allison D. Burroughs: SUPPLEMENTAL PRETRIAL ORDER entered. Final Pretrial Conference set for 2/15/2024 09:30 AM in Courtroom 17 (In person only) before Judge Allison D. Burroughs.(McManus, Caetlin) |
| Filing 641 Judge Allison D. Burroughs: ORDER entered APPROVING #640 Proposed Schedule.(Folan, Karen) |
| Filing 640 STIPULATION - [PROPOSED] SCHEDULING ORDER SUBMITTED PURSUANT TO THE COURTS REQUEST AT THE STATUS CONFERENCE HELD ON JUNE 29, 2023 by BI-LO, LLC, Rochester Drug Co-Operative, Inc., Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) |
| Filing 639 MEMORANDUM in Support re #638 MOTION Direct Purchaser Plaintiffs Rochester Drug Co-Operative, Inc. and BI-LO, LLC's Motion To Be Appointed Class Representatives filed by BI-LO, LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Declaration of Lauren G. Barnes In Support of Rochester Drug Co-operative, Inc. and BI-LO, LLCs Motion To Be Appointed Class Representatives, #2 Exhibit 1: Declaration of Robert Michaelson, #3 Exhibit 2: [UNDER SEAL], #4 Text of Proposed Order)(Barnes, Lauren) (Attachment 3 replaced on 7/12/2023) (McManus, Caetlin). (Attachment 3 replaced on 7/12/2023) (McManus, Caetlin). (Additional attachment(s) added on 7/12/2023: #5 2. [SEALED] Unredacted Memorandum In Supp., #6 Exhibit 2 [SEALED]) (McManus, Caetlin). |
| Filing 638 MOTION Direct Purchaser Plaintiffs Rochester Drug Co-Operative, Inc. and BI-LO, LLC's Motion To Be Appointed Class Representatives by BI-LO, LLC, Rochester Drug Co-Operative, Inc..(Barnes, Lauren) |
| Filing 637 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #636 MOTION to Seal Document [Consented-To] MOTION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF PLAINTIFFS MEMORANDUM IN SUPPORT OF DIRECT PURCHASER PLAINTIFFS MOTION TO BE APPOINTED CLASS REPRESENTATIVE AND EXHIBIT 2 TO LAUREN G. BARNES DECLARATION IN SU (Folan, Karen) |
| Filing 636 MOTION to Seal Document [Consented-To] MOTION FOR LEAVE TO FILE UNDER SEAL PORTIONS OF PLAINTIFFS MEMORANDUM IN SUPPORT OF DIRECT PURCHASER PLAINTIFFS MOTION TO BE APPOINTED CLASS REPRESENTATIVE AND EXHIBIT 2 TO LAUREN G. BARNES DECLARATION IN SUPPORT OF PLAINTIFFS MOTION by BI-LO, LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 635 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #634 Unopposed Motion for Extension of Time to File Bi-Lo, LLC's Motion to Be Appointed Class Representatives. (McManus, Caetlin) |
| Filing 634 Unopposed MOTION for Extension of Time to July 11, 2023 to File Motion to be Appointed Class Representatives by BI-LO, LLC.(Barnes, Lauren) Docket text modified on 7/7/2023 to add "unopposed" (McManus, Caetlin). |
| Filing 633 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #632 Motion for Leave to Appear Pro Hac Vice Added Aakruti G. Vakharia. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin) |
| Filing 632 MOTION for Leave to Appear Pro Hac Vice for admission of Aakruti G. Vakharia Filing fee: $ 125, receipt number AMADC-9934346 by Shire U.S., Inc., Shire, LLC. (Attachments: #1 CERTIFICATE OF AAKRUTI G. VAKHARIA)(Barlow, Joshua) |
| Filing 631 Judge Allison D. Burroughs: ELECTRONIC ORDER entered ALLOWING #630 Motion for Leave to Appear Pro Hac Vice Added Ralph E. Labaton. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (Warnock, Douglas) |
| Filing 630 MOTION for Leave to Appear Pro Hac Vice for admission of Ralph E. Labaton by Shire LLC, Shire U.S., Inc.. (Attachments: #1 Exhibit A - Certificate of Ralph E. Labaton)(Barlow, Joshua) |
| Filing 629 Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 6/29/2023. Colloquy re: pending motion, mediation. Court GRANTS #623 MOTION to Continue Trial Schedule. Jury Trial reset for 2/26/2024 09:00 AM in Courtroom 17 (In person only) before Judge Allison D. Burroughs.(Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Barnes, Barlow, Kelly) (Folan, Karen) |
| Filing 628 Opposition re #623 MOTION to Continue Trial Schedule AND REQUEST FOR STATUS CONFERENCE filed by BI-LO, LLC. (Barnes, Lauren) |
| Filing 627 ELECTRONIC NOTICE of Hearing. Status Conference set for 6/29/2023 09:15 AM in Remote Proceeding : Boston before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 626 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #622 Motion to Seal. (Folan, Karen) |
| Filing 625 DECLARATION re #624 Memorandum in Support of Motion, #623 MOTION to Continue Trial Schedule AND REQUEST FOR STATUS CONFERENCE by Shire LLC, Shire PLC, Shire U.S., Inc., Shire US Inc., Shire, LLC. (Attachments: #1 Exhibit A-SEALED, #2 Exhibit B-SEALED, #3 Exhibit C-SEALED, #4 Exhibit D-SEALED, #5 Exhibit E-SEALED, #6 Exhibit F-SEALED, #7 Exhibit G, #8 Exhibit H-Redacted, #9 Exhibit I-Redacted, #10 Exhibit J-Redacted)(Barlow, Joshua) (Additional attachment(s) added on 6/27/2023: #11 Barlow Declaration in Supp of Motion to Continue Trial Date - SEALED) (McManus, Caetlin). (Attachment 1-6 replaced on 6/27/2023) (McManus, Caetlin). (Additional attachment(s) added on 6/27/2023: #12 Ex. H - Unredacted - SEALED, #13 Ex. I - Unredacted - SEALED, #14 Ex. J - Unredacted - SEALED) (McManus, Caetlin). |
| Filing 624 MEMORANDUM in Support re #623 MOTION to Continue Trial Schedule AND REQUEST FOR STATUS CONFERENCE filed by Shire LLC, Shire PLC, Shire U.S., Inc., Shire US Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 6/27/2023: #1 Memo in Supp of Motion to Continue Trial Date - SEALED) (McManus, Caetlin). |
| Filing 623 MOTION to Continue Trial Schedule AND REQUEST FOR STATUS CONFERENCE by Shire LLC, Shire PLC, Shire U.S., Inc., Shire US Inc., Shire, LLC.(Barlow, Joshua) (Additional attachment(s) added on 6/27/2023: #1 Motion to Continue Trial Date - SEALED) (McManus, Caetlin). |
| Filing 622 Consent MOTION to Seal by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) Filing event and docket text modified on 6/23/2023 (McManus, Caetlin). |
| Filing 621 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #620 Motion for Extension of Time to July 6, 2023 to To Take Discovery Related to Bi-Lo's Adequacy. (Folan, Karen) |
| Filing 620 Joint MOTION for Extension of Time to July 6, 2023 to To Take Discovery Related to Bi-Lo's Adequacy by BI-LO, LLC, Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit A)(Barlow, Joshua) |
| Filing 619 NOTICE of Change of Address or Firm Name by Joshua S. Barlow (Barlow, Joshua) |
| Filing 618 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #617 Motion for Extension of Time to June 14, 2023 to Complete Discovery Related to Bi-Lo's Adequacy. (Folan, Karen) |
| Filing 617 MOTION for Extension of Time to June 14, 2023 to Complete Discovery Related to Bi-Lo's Adequacy [UNOPPOSED] by Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit A (Proposed Order))(Barlow, Joshua) |
| Filing 616 Judge Allison D. Burroughs: ORDER entered granting #615 Motion for Extension of Time to May 15, 2023 to Complete Discovery Related to Bi-Lo's Adequacy. (Folan, Karen) |
| Filing 615 MOTION for Extension of Time to May 15, 2023 to Complete Discovery Related to Bi-Lo's Adequacy [UNOPPOSED] by Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit A (Proposed Order))(Barlow, Joshua) |
| Filing 614 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The Court has filed its Memorandum and Order on several motions, [ECF Nos. #570 , #574 , #577 ], under seal because it contains references to materials that have been filed under seal. The parties shall confer and, no later than March 29, 2023, propose any redactions to the Court so that an unredacted or partially redacted version of the Order may be placed on the public docket. (McManus, Caetlin) |
| Filing 613 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. ...For the foregoing reasons, Meijers Motion to Reconsider the Courts Order Denying Meijers Motion to be Appointed Class Representative and Granting Shires Motion to Compel Arbitration, [ECF No. #577 ], is DENIED, Meijers Motion to Vacate the Arbitration Award, [ECF No. #574 ], is DENIED, and Shires Cross-Motion to Confirm the Award, [ECF No. #602 ] is GRANTED. Additionally, BI-LOs motion to intervene, [ECF No. #570 ], is GRANTED. As with Meijer, the parties shall have thirty days of discovery from the entry of this Order to evaluate BI-LOs adequacy as a class representative. At the close of that limited discovery, BI-LO shall file its motion to be appointed class representative by April 17, 2023. Any opposition shall be filed within fourteen days.SO ORDERED.(McManus, Caetlin) Unsealed 3/28/2023 in light of the parties informing the Court that no redactions are necessary (McManus, Caetlin). |
| Filing 612 NOTICE of Withdrawal of Appearance by Joshua S. Barlow of Laura A. Chubb (Barlow, Joshua) |
| Filing 611 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #610 Motion to Withdraw as Attorney. Attorney Kristie A. LaSalle terminated. (Folan, Karen) |
| Filing 610 MOTION to Withdraw as Attorney Kristie A. LaSalle by BI-LO, LLC, FWK Holdings LLC, Meijer Distribution, Inc., Meijer, Inc..(LaSalle, Kristie) |
| Filing 609 REPLY to Response to #574 MOTION to Vacate the Arbitrator's Decision filed by Meijer Distribution, Inc., Meijer, Inc.. (Barnes, Lauren) |
| Filing 608 REPLY to Response to #577 MOTION for Reconsideration re 553 Order,, Denying Meijer's Motion to Be Appointed Class Representative and Granting Shire Motion to Compel Arbitration filed by Meijer Distribution, Inc., Meijer, Inc.. (Barnes, Lauren) |
| Filing 607 REPLY to Response to #570 MOTION to Intervene (BI-LO) filed by Meijer Distribution, Inc., Meijer, Inc.. (Barnes, Lauren) |
| Filing 606 Judge Allison D. Burroughs: ELECTRONIC ORDER entered approving re #605 STIPULATION and Proposed Order to Extend Time to Reply in Support of Bi-Lo's Motion to Intervene and Meijer's Motions to Vacate and Reconsider ( Replies due by 12/1/2022.)(McManus, Caetlin) |
| Filing 605 STIPULATION and Proposed Order to Extend Time to Reply in Support of Bi-Lo's Motion to Intervene and Meijer's Motions to Vacate and Reconsider by BI-LO, LLC, Meijer Distribution, Inc., Meijer, Inc.. (Barnes, Lauren) |
| Filing 604 DECLARATION re #603 Opposition to Motion, #602 Opposition to Motion, #601 Opposition to Motion Declaration of Joshua S. Barlow, Esq. in Support of Shires Opposition to Meijers Motions for Reconsideration and Vacatur and BI-LOs Motion to Intervene by Shire LLC, Shire PLC, Shire U.S., Inc., Shire US Inc., Shire, LLC. (Attachments: #1 Exhibit A (SEALED), #2 Exhibit B (SEALED), #3 Exhibit C (SEALED), #4 Exhibit D (SEALED), #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Barlow, Joshua) (Additional attachment(s) added on 11/4/2022: #9 Unredacted Declaration (SEALED)) (McManus, Caetlin). (Attachment 1-4 slipsheets replaced with sealed documents on 11/4/2022) (McManus, Caetlin). |
| Filing 603 Opposition re #577 MOTION for Reconsideration re 553 Order,, Denying Meijer's Motion to Be Appointed Class Representative and Granting Shire Motion to Compel Arbitration [REDACTED PUBLIC VERSION] filed by Shire LLC, Shire PLC, Shire U.S., Inc., Shire US Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 11/4/2022: #1 Unredacted Opposition (SEALED)) (McManus, Caetlin). |
| Filing 602 Opposition re #574 MOTION to Vacate the Arbitrator's Decision and Cross-Motion to Confirm the Award filed by Shire LLC, Shire PLC, Shire U.S., Inc., Shire US Inc., Shire, LLC. (Barlow, Joshua) |
| Filing 601 Opposition re #570 MOTION to Intervene (BI-LO) filed by Shire LLC, Shire PLC, Shire U.S., Inc., Shire US Inc., Shire, LLC. (Barlow, Joshua) |
| Filing 600 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #599 Assented to MOTION to Seal Document [Shire's Memoranda or Exhibits Thereto in Opposition to Meijer's Motion for Reconsideration and to Vacate Arbitration-Related Rulings] (Folan, Karen) |
| Filing 599 Assented to MOTION to Seal Document [Shire's Memoranda or Exhibits Thereto in Opposition to Meijer's Motion for Reconsideration and to Vacate Arbitration-Related Rulings] by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 598 Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 10/6/2022. Colloquy re: trial. Estimated to be 4 weeks sitting full days. Jury Trial set for 10/2/2023 09:00 AM in Courtroom 17 before Judge Allison D. Burroughs. Motion responses due 11/3/22, replies due 11/21/22. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.) (Folan, Karen) |
| Filing 597 ELECTRONIC NOTICE OF RESCHEDULING. Status Conference reset for 10/6/2022 09:00 AM in Remote Proceeding : Boston before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 596 NOTICE of Withdrawal of Appearance by Lauren G. Barnes RE DAVID NALVEN (Barnes, Lauren) |
| Filing 595 NOTICE of Change of Address or Firm Name by Lauren G. Barnes (Barnes, Lauren) |
| Filing 594 ELECTRONIC NOTICE of Hearing. Status Conference set for 10/5/2022 09:30 AM in Remote Proceeding : Boston before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 593 Judge Allison D. Burroughs: ORDER entered granting #590 STATUS REPORT AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO PENDING MOTIONS, PERMIT REPLIES IN SUPPORT OF PENDING MOTIONS, AND SCHEDULE STATUS CONFERENCE.(Folan, Karen) |
| Filing 592 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #591 MOTION to Seal Document [Exhibit 1 to the Parties' Joint Status Report] (Folan, Karen) |
| Filing 591 MOTION to Seal Document [Exhibit 1 to the Parties' Joint Status Report] by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 590 STATUS REPORT [JOINT] AND [PROPOSED] ORDER TO EXTEND TIME TO RESPOND TO PENDING MOTIONS, PERMIT REPLIES IN SUPPORT OF PENDING MOTIONS, AND SCHEDULE STATUS CONFERENCE by BI-LO, LLC, Meijer Distribution, Inc., Meijer, Inc., Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit 1)(Barlow, Joshua) (Attachment 1 replaced on 8/4/2022) (McManus, Caetlin). |
| Filing 589 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #586 , #587 , #588 Motions for Leave to Appear Pro Hac Vice. Added Steve D. Shadowen, Matthew C. Weiner, and Tina J. Miranda. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at # https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account.A Notice of Appearance must be entered on the docket by the newly admitted attorney. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause.(McManus, Caetlin) |
| Filing 588 MOTION for Leave to Appear Pro Hac Vice for admission of Tina J. Miranda Filing fee: $ 100, receipt number AMADC-9438737 by BI-LO, LLC.(Brunell, Richard) |
| Filing 587 MOTION for Leave to Appear Pro Hac Vice for admission of Matthew C. Weiner Filing fee: $ 100, receipt number AMADC-9438732 by BI-LO, LLC.(Brunell, Richard) |
| Filing 586 MOTION for Leave to Appear Pro Hac Vice for admission of Steve D. Shadowen Filing fee: $ 100, receipt number AMADC-9438719 by BI-LO, LLC.(Brunell, Richard) |
| Filing 585 NOTICE of Appearance by Richard M. Brunell on behalf of BI-LO, LLC (Brunell, Richard) |
| Filing 584 Judge Allison D. Burroughs: ELECTRONIC ORDER entered APPROVING #583 , Stipulation to Extend Time to Respond to #570 BI-LO's MOTION to Intervene, #574 Meijer's MOTION to Vacate the Arbitrator's Decision, and #577 MOTION for Reconsideration to August 19, 2022. (Responses due by 8/19/2022)(McManus, Caetlin) |
| Filing 583 STIPULATION re #570 MOTION to Intervene (BI-LO), #574 MOTION to Vacate the Arbitrator's Decision, #577 MOTION for Reconsideration re 553 Order,, Denying Meijer's Motion to Be Appointed Class Representative and Granting Shire Motion to Compel Arbitration [to Extend Deadlines to Oppose by 14 days] by Meijer Distribution, Inc., Meijer, Inc., Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) |
| Filing 582 Judge Allison D. Burroughs: ORDER entered APPROVING #581 Stipulation to Extend Time to Respond to #570 BI-LO's MOTION to Intervene, #574 Meijer's MOTION to Vacate the Arbitrator's Decision, and #577 MOTION for Reconsideration to August 5, 2022. ( Responses due by 8/5/2022)(McManus, Caetlin) |
| Filing 581 STIPULATION re #570 MOTION to Intervene (BI-LO), #574 MOTION to Vacate the Arbitrator's Decision, #577 MOTION for Reconsideration re 553 Order,, Denying Meijer's Motion to Be Appointed Class Representative and Granting Shire Motion to Compel Arbitration [To Extend Deadlines to Oppose by 14 Days] by Meijer Distribution, Inc., Meijer, Inc., Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) |
| Filing 580 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #579 Motion to Seal. (Folan, Karen) |
| Filing 579 MOTION to Seal Exhibits to Meijer's Motion to Reconsider Order Denying Meijer's Motion to be Appointed Class Representative and Granting Shire's Motion to Compel by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 578 MEMORANDUM in Support re #577 MOTION for Reconsideration re 553 Order,, Denying Meijer's Motion to Be Appointed Class Representative and Granting Shire Motion to Compel Arbitration filed by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Declaration of Lauren G. Barnes, #2 Exhibit 1 - SEALED, #3 Exhibit 2 - SEALED, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5 - SEALED, #7 Exhibit 6 - SEALED)(Barnes, Lauren) (Attachments 2,3,6,7 replaced on 7/12/2022) . |
| Filing 577 MOTION for Reconsideration re 553 Order,, Denying Meijer's Motion to Be Appointed Class Representative and Granting Shire Motion to Compel Arbitration by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 576 NOTICE of Withdrawal of Appearance by Joshua S. Barlow [Withdrawal of David Zwally] (Barlow, Joshua) |
| Filing 575 MEMORANDUM in Support re #574 MOTION to Vacate the Arbitrator's Decision filed by Meijer Distribution, Inc., Meijer, Inc.. (Barnes, Lauren) |
| Filing 574 MOTION to Vacate the Arbitrator's Decision by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 573 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #572 Motion to Seal. (Folan, Karen) |
| Filing 572 MOTION to Seal Exhibits to Proposed Intervenor BI-LO's Motion for Permissive or Mandatory Intervention by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 571 MEMORANDUM in Support re #570 MOTION to Intervene (BI-LO) filed by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Declaration of Lauren G. Barnes, #2 Exhibit 1 - REDACTED, #3 Exhibit 2 - PUBLIC)(Barnes, Lauren) (Additional attachment(s) added on 7/8/2022: #4 Exhibit 1 (Sealed), #5 Exhibit 2 (Sealed)) (McManus, Caetlin). |
| Filing 570 MOTION to Intervene (BI-LO) by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 569 Filed in error. (LaSalle, Kristie) Modified on 4/8/2022 (McManus, Caetlin). |
| Filing 568 NOTICE of Appearance by Richard M. Brunell on behalf of Meijer Distribution, Inc., Meijer, Inc. (Brunell, Richard) |
| Filing 566 NOTICE of Withdrawal of Appearance by Jessica Weiner (Weiner, Jessica) |
| Filing 565 Judge Allison D. Burroughs: ORDER entered granting #561 MOTION for Order Approving Distribution of the Net Settlement Fund. (McDonagh, Christina) |
| Filing 564 Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 8/12/2021. Colloquy re: proposed order. Court will sign off on order. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.)(Attorneys present: Barnes, Vanek, Radice, Barlow) (Folan, Karen) |
| Filing 563 ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status Conference set for 8/12/2021 10:30 AM in Remote Proceeding : Boston before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 562 MEMORANDUM in Support re #561 MOTION for Order to APPROVING DISTRIBUTION OF THE NET SETTLEMENT FUND filed by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Declaration of Claim Administrator)(Barnes, Lauren) |
| Filing 561 MOTION for Order to APPROVING DISTRIBUTION OF THE NET SETTLEMENT FUND by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 559 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The Court has filed its Memorandum and Order on the parties' motions in limine under seal because it contains references to materials that have been filed under seal. The parties shall confer and, no later than March 12, 2021, propose any redactions to the Court so that an unredacted or partially redacted version of the Order may be placed on the public docket. (McDonagh, Christina) |
| Filing 558 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered Each motion in limine, [FWK #412 ; FWK #416 ; FWK #418 ; Picone 302; Picone 304], is GRANTED in part and DENIED in part.SO ORDERED. (McDonagh, Christina) |
| Filing 557 NOTICE of Withdrawal of Appearance by Sarah K. Frederick (Frederick, Sarah) |
| Filing 560 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 (Coppola, Katelyn) |
| Filing 556 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 (Coppola, Katelyn) |
| Filing 555 Transcript of Hearing held on December 9, 2020, before Judge Allison D. Burroughs. 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: Joan Daly at joanmdaly62@gmail.com. Redaction Request due 3/10/2021. Redacted Transcript Deadline set for 3/22/2021. Release of Transcript Restriction set for 5/18/2021. (Coppola, Katelyn) |
| Filing 554 Judge Allison D. Burroughs: REDACTED MEMORANDUM AND ORDER entered. Shire's motion to compel arbitration, [FWK #475 -1], is GRANTED in part and Meijer's motion to be appointed class representative, [FWK #485 ], is DENIED with leave to renew. Should Meijer wish to proceed, it must submit its claims to an arbitrator, as required by the RPA and GPPA, for a decision as to arbitrability. SO ORDERED. (McDonagh, Christina) |
| Filing 553 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The Court has filed its Memorandum and Order on the parties' motions to compel arbitration and to be appointed class representative under seal because it contains references to materials that have been filed under seal. The parties shall confer and, no later than February 12, 2021, propose any redactions to the Court so that an unredacted or partially redacted version of the Order may be placed on the public docket. (McDonagh, Christina) |
| Filing 551 Judge Allison D. Burroughs: ORDER entered. Order Granting Final Judgment and Order of Dismissal. (McDonagh, Christina) |
| Filing 550 ELECTRONIC NOTICE Canceling Status Conference set for 1/19/21 because it was incorrectly set in this case. (Folan, Karen) |
| Filing 549 ELECTRONIC NOTICE of Hearing.This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible.Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: #https://forms.mad.uscourts.gov/courtlist.html. For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on #www.mad.uscourts.gov or contact media@mad.uscourts.gov. Status Conference set for 1/19/2021 02:00 PM in Remote Proceeding : Boston before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 548 Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Settlement Conference held on 12/9/2020, granting #543 Motion for Settlement. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.) (Folan, Karen) |
| Filing 547 STATUS REPORT by Direct Purchasers Concerning Posting of Remote Connection Information for the December 9 Fairness Hearing on the Settlement Website by Meijer Distribution, Inc., Meijer, Inc.. (Barnes, Lauren) |
| Filing 546 Letter/request (non-motion) from Christopher T. Holding . (Holding, Christopher) |
| Filing 545 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered.Shire's motion, [Picone 346; FWK #528 ], is DENIED. SO ORDERED. (McDonagh, Christina) |
| Filing 544 MEMORANDUM in Support re #543 MOTION for Settlement with Defendant Actavis (Final Approval) filed by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Barnes, Lauren) |
| Filing 543 MOTION for Settlement with Defendant Actavis (Final Approval) by Meijer Distribution, Inc., Meijer, Inc..(Barnes, Lauren) |
| Filing 542 Entry Deleted as it was filed in the wrong case. Modified on 11/18/2020 (McDonagh, Christina). |
| Filing 541 REPLY to Response to #528 MOTION for Leave to File MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS ALTERNATIVE SETTLEMENT CAUSATION THEORY filed by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) |
| Filing 540 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #539 Motion for Leave to File Document ; 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. (Folan, Karen) |
| Filing 539 MOTION for Leave to File a Three Page Reply to Plaintiffs' Opposition to Shire's Motion seeking Leave to move for Partial Summary Judgment on Plaintiffs alternative settlement causation theory by Shire LLC, Shire PLC, Shire U.S., Inc., Shire US Inc., Shire, LLC.(Kelly, Fred) |
| Filing 538 STATUS REPORT Concerning Distribution of the Settlement Notice by Meijer Distribution, Inc., Meijer, Inc.. (Barnes, Lauren) |
| Filing 537 DECLARATION re #535 Memorandum in Support of Motion for Award of Attorneys' Fees and Reimbursement of Expenses by Meijer Distribution, Inc., Meijer, 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)(Barnes, Lauren) |
| Filing 536 SUR-REPLY to Motion re #485 MOTION to be Appointed Class Representative [REDACTED PUBLIC VERSION] filed by Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit A)(Barlow, Joshua) (Additional attachment(s) added on 10/28/2020: #2 Unredacted Sur-Reply (Filed Under Seal)) (McDonagh, Christina). (Attachment 1 replaced on 10/28/2020) (McDonagh, Christina). |
| Filing 535 MEMORANDUM in Support re #534 MOTION for Attorney Fees and Reimbursement of Expenses filed by Meijer Distribution, Inc., Meijer, Inc.. (Barnes, Lauren) |
| Filing 534 MOTION for Attorney Fees and Reimbursement of Expenses by Meijer Distribution, Inc., Meijer, Inc..(Barnes, Lauren) |
| Filing 533 Opposition re #528 MOTION for Leave to File MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS ALTERNATIVE SETTLEMENT CAUSATION THEORY filed by Meijer Distribution, Inc., Meijer, Inc.. (Barnes, Lauren) |
| Filing 532 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #531 Motion to Seal. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Filing 531 MOTION to Seal Shire's Sur-Reply in Opposition to Meijer's Motion to be Appointed Class Representative [UNOPPOSED] by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 530 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #529 Motion for Leave to File Document ; 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. (Folan, Karen) |
| Filing 529 MOTION for Leave to File A SUR-REPLY IN OPPOSITION TO MEIJERS MOTION TO BE APPOINTED CLASS REPRESENTATIVE [UNOPPOSED] by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 528 MOTION for Leave to File MOTION FOR PARTIAL SUMMARY JUDGMENT ON PLAINTIFFS ALTERNATIVE SETTLEMENT CAUSATION THEORY by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 527 DECLARATION re #526 Reply to Response to Motion by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Exhibit 9 (public version))(Barnes, Lauren) (Additional attachment(s) added on 10/13/2020: #2 Exhibit 1 (FILED UNDER SEAL), #3 Exhibit 2 (FILED UNDER SEAL), #4 Exhibit 3 (Filed Under Seal), #5 Exhibit 4 (Filed Under Seal), #6 Exhibit 5 (Filed Under Seal), #7 Exhibit 6 (Filed Under Seal), #8 Exhibit 7 (Filed Under Seal), #9 Exhibit 8 (Filed Under Seal), #10 Exhibit 10 (Filed Under Seal)) (McDonagh, Christina). |
| Filing 526 REPLY to Response to #485 MOTION to be Appointed Class Representative (Public Version) filed by Meijer Distribution, Inc., Meijer, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 10/13/2020: #1 Unredacted Reply (FILED UNDER SEAL)) (McDonagh, Christina). |
| Filing 525 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. The motion to exclude Bell, [FWK #296 ], is DENIED; the motions to exclude Starr and Baum, [FWK #331 ; Picone #248 ], are DENIED; the motions to exclude Fernandez's testimony, [FWK #341 ; Picone #258 ], are DENIED; the motion to exclude paragraphs 218, 219, and 222 of Klibanov's report, [FWK #297 ], is GRANTED; the motions to exclude Thomas's testimony, [FWK #333 ; Picone 250 ], are GRANTED in part; the motions to exclude the testimony of Amiji and Cima, [FWK #337 ; Picone #254 ], are GRANTED in part; the motion to exclude Murthy's testimony, [FWK #298 ], is GRANTED in part; the motion to exclude the testimony of Zoffer and Cockburn, [FWK #299 ], is GRANTED in part; the motions to exclude McGuire's testimony, [FWK #329 ; Picone 246 ], are GRANTED in part; the motions to exclude the testimony of Upadhye, [FWK #335 ; Picone 252 ], are GRANTED in part; and the motions to exclude Johnson's testimony, [FWK #339 ; Picone #256 ], are GRANTED in part. SO ORDERED. (McDonagh, Christina) |
| Filing 524 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. On September 21, 2020, the Court entered its Memorandum and Order on the parties' cross-motions for summary judgment under seal, [ECF No. 499 ], and invited the parties to propose redactions so that the Memorandum and Order could be made publicly available, [ECF No. 500 ]. The parties have jointly proposed redactions and also alerted the Court to four minor, clerical errors in its Memorandum and Order. Pursuant to Federal Rule of Civil Procedure 60(a), the Court may correct such errors. Fed. R. Civ. P. 60(a). Accordingly, the Memorandum and Order on the public docket, [ECF No. #523 ], reflects the parties' agreed-upon redactions as well as corrections to account for these four minor, clerical errors. (McDonagh, Christina) |
| Filing 523 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. Plaintiffs' motion for summary judgment as to market power, [FWK #294 ], is DENIED; Plaintiffs' motion for summary judgment as to whether Shire and Actavis were ready and able to launch generic Intuniv, [FWK #295 ], is GRANTED; and Defendants' motion for summary judgment, [FWK #327 ; Picone 244], is GRANTED in part and DENIED in part. SO ORDERED.(McDonagh, Christina) (McDonagh, Christina). |
| Filing 522 ELECTRONIC ENDORSEMENT APPROVING #521 Stipulation filed by Meijer Distribution, Inc., Meijer, Inc. (Folan, Karen) |
| Filing 521 STIPULATION re #490 Letter/request (non-motion) Stipulation and Agreed Order between Shire LLC and Shire US Inc. and Meijer, Inc. and Meijer Distribution, Inc. by Meijer Distribution, Inc., Meijer, Inc.. (Germaine, David) |
| Filing 520 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #519 Motion for Leave to File Document ; 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. (Folan, Karen) |
| Filing 519 MOTION for Leave to File (Unopposed) Reply In Support of Its Motion to be Appointed Class Representative and to File Under Seal by Meijer Distribution, Inc., Meijer, Inc..(Barnes, Lauren) |
| Filing 518 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #515 Motion for Extension of Time to October 7, 2020 to File Response/Reply as to #490 Letter/request (Folan, Karen) |
| Filing 517 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #474 Motion to Seal. (Folan, Karen) |
| Filing 516 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #494 Motion to Seal. (Folan, Karen) |
| Filing 515 Assented to MOTION for Extension of Time to October 7, 2020 to File Response/Reply as to #490 Letter/request (non-motion) by Meijer Distribution, Inc., Meijer, Inc..(Germaine, David) |
| Filing 514 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 (Coppola, Katelyn) |
| Filing 513 Transcript of Video Conference held on September 2, 2020, before Judge Allison D. Burroughs. 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: Joan Daly at joanmdaly62@gmail.com. Redaction Request due 10/19/2020. Redacted Transcript Deadline set for 10/29/2020. Release of Transcript Restriction set for 12/28/2020. (Coppola, Katelyn) |
| Filing 512 DECLARATION OF JOSHUA S. BARLOW [SUPPLEMENTAL] IN SUPPORT OF SHIRES MOTION TO COMPEL ARBITRATION AND DISMISS MEIJERS COMPLAINT IN INTERVENTION, OR STAY PENDING ARBITRATION [REDACTED PUBLIC VERSION] by Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit 6, #2 Exhibit 7)(Barlow, Joshua) (Additional attachment(s) added on 9/28/2020: #3 Unredacted Declaration (FILED UNDER SEAL)) (McDonagh, Christina). (Attachment 1 replaced on 9/28/2020) (McDonagh, Christina). (Attachment 2 replaced on 9/28/2020) (McDonagh, Christina). |
| Filing 511 REPLY to Response to #475 MOTION to Compel ARBITRATION AND DISMISS MEIJERS COMPLAINT IN INTERVENTION, OR STAY PENDING ARBITRATION [REDACTED PUBLIC VERSION] filed by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 9/28/2020: #1 Unredacted Reply Memo) (McDonagh, Christina). |
| Filing 510 ELECTRONIC ENDORSEMENT APPROVING #508 Stipulation filed by Shire U.S., Inc., Shire, LLC (Folan, Karen) |
| Filing 509 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #507 Motion to Seal. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Filing 508 STIPULATION and Proposed Order to Extend Time for Redactions to Court Order by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) |
| Filing 507 MOTION to Seal Shire's Reply in Support of its Motion to Compel Arbitration and Dismiss Meijers Complaint in Intervention, or Stay Pending Arbitration [UNOPPOSED] by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 506 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #505 Motion for Extension of Time to September 30, 2020 to File Response/Reply as to 490 Letter/request (non-motion) by Meijer Distribution, Inc., Meijer, Inc.(Folan, Karen) |
| Filing 505 Assented to MOTION for Extension of Time to September 30, 2020 to File Response/Reply as to #490 Letter/request (non-motion) by Meijer Distribution, Inc., Meijer, Inc..(Germaine, David) |
| Filing 504 DECLARATION Of Joshua S. Barlow, Esq. In Support of Shires Opposition to Direct Purchaser Plaintiff Meijers Motion to Be Appointed Class Representative [REDACTED PUBLIC VERSION] by Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Barlow, Joshua) (Additional attachment(s) added on 9/23/2020: #7 Unredacted Declaration (FILED UNDER SEAL)) (McDonagh, Christina). (Attachment 1 replaced on 9/23/2020) (McDonagh, Christina). (Attachment 2 replaced on 9/23/2020) (McDonagh, Christina). (Attachment 3 replaced on 9/23/2020) (McDonagh, Christina). (Attachment 4 replaced on 9/23/2020) (McDonagh, Christina). (Attachment 5 replaced on 9/23/2020) (McDonagh, Christina). (Attachment 6 replaced on 9/23/2020) (McDonagh, Christina). |
| Filing 503 Opposition re #485 MOTION to be Appointed Class Representative [REDACTED PUBLIC VERSION] filed by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 9/23/2020: #1 Unredacted Opposition) (McDonagh, Christina). |
| Filing 502 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #501 Motion to Seal. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Filing 501 MOTION to Seal Shires Opposition to Meijers Motion to Be Appointed Class Representative [UNOPPOSED] by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 500 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The Court has filed its Memorandum and Order on the parties' motions for summary judgment under seal because it contains references to materials that have been filed under seal. The parties shall confer and, no later than October 5, 2020, propose any redactions to the Court so that an unredacted or partially redacted version of the Order may be placed on the public docket.(McDonagh, Christina) |
| Filing 498 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #497 Motion for Leave to File Document ; 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. (Folan, Karen) |
| Filing 497 MOTION for Leave to File A REPLY IN SUPPORT OF SHIRE'S MOTION TO COMPEL ARBITRATION AND DISMISS MEIJERS COMPLAINT IN INTERVENTION, OR TO STAY PENDING ARBITRATION [UNOPPOSED] by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 496 MEMORANDUM in Opposition re #494 MOTION to Seal Meijer Memorandum in Opposition to Shire's Motion to Compel Arbitration or Stay Pending Arbitration (Public Version) filed by Meijer Distribution, Inc., Meijer, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 9/15/2020: #1 Unredacted Memorandum, #2 Exhibit 2 (Filed Under Seal), #3 Exhibit 3 (Filed Under Seal)) (McDonagh, Christina). |
| Filing 495 DECLARATION re #494 MOTION to Seal Meijer Memorandum in Opposition to Shire's Motion to Compel Arbitration or Stay Pending Arbitration by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Exhibit 1)(Barnes, Lauren) |
| Filing 494 MOTION to Seal Meijer Memorandum in Opposition to Shire's Motion to Compel Arbitration or Stay Pending Arbitration by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Statement of Non-Opposition to Motion to Seal)(Barnes, Lauren) |
| Filing 493 Judge Allison D. Burroughs: ORDER entered Granting #478 Motion for Preliminary Approval of Proposed Settlement with Defendant Actavis, Approval of the Form and Manner of Notice to the Class, and Proposed Schedule for a Fairness Hearing. (McDonagh, Christina) |
| Filing 492 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The Court has filed its Memorandum and Order on the parties' motions to exclude under seal because it contains references to materials that have been filed under seal. The parties shall confer and, no later than September 24, 2020, propose any redactions to the Court so that an unredacted or partially redacted version of the Order may be placed on the public docket.(McDonagh, Christina) |
| Filing 490 Letter/request (non-motion) from Shire Defendants TO COMPEL MEIJERS PRODUCTION OF ITS AGREEMENTS WITH ITS ASSIGNOR, MCKESSON CORP.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barlow, Joshua) |
| Filing 488 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #486 Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Filing 487 DECLARATION re #485 MOTION to be Appointed Class Representative by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Exhibit 1)(Barnes, Lauren) (Additional attachment(s) added on 9/9/2020: #2 Ex 2 (Filed under Seal), #3 Ex 3 (Filed under Seal), #4 Ex 4 (Filed under Seal)) (McDonagh, Christina). |
| Filing 486 MOTION to Seal Memorandum in Support of Meijer's Memorandum in Support of Motion to be Appointed Class Representative and to seal Exs. 2,3 & 4 to Barnes Declaration by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 REDACTED Memorandum in Support of Meijer's Motion to be Appointed Class Representative)(Barnes, Lauren) |
| Filing 485 MOTION to be Appointed Class Representative by Meijer Distribution, Inc., Meijer, Inc..(Barnes, Lauren) |
| Filing 484 NOTICE of Appearance by John P. Bjork on behalf of Meijer Distribution, Inc., Meijer, Inc. (Bjork, John) |
| Filing 483 NOTICE of Appearance by David P. Germaine on behalf of Meijer Distribution, Inc., Meijer, Inc. (Germaine, David) |
| Filing 482 NOTICE of Appearance by Joseph M. Vanek on behalf of Meijer Distribution, Inc., Meijer, Inc. (Vanek, Joseph) |
| Filing 481 Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 9/2/2020. Court will rule on motions in the next couple of weeks and will review settlement agreement. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.) (Folan, Karen) |
| Filing 480 DECLARATION re #478 MOTION for Settlement (Preliminary Approval of Proposed Settlement with Defendant Actavis, Approval of the Form and Manner of Notice to the Class, and Proposed Schedule for Fairness Hearing) by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(Barnes, Lauren) |
| Filing 479 MEMORANDUM in Support re #478 MOTION for Settlement (Preliminary Approval of Proposed Settlement with Defendant Actavis, Approval of the Form and Manner of Notice to the Class, and Proposed Schedule for Fairness Hearing) filed by Meijer Distribution, Inc., Meijer, Inc.. (Barnes, Lauren) |
| Filing 478 MOTION for Settlement (Preliminary Approval of Proposed Settlement with Defendant Actavis, Approval of the Form and Manner of Notice to the Class, and Proposed Schedule for Fairness Hearing) by Meijer Distribution, Inc., Meijer, Inc..(Barnes, Lauren) |
| Filing 477 MEMORANDUM in Support re #475 MOTION to Compel ARBITRATION AND DISMISS MEIJERS COMPLAINT IN INTERVENTION, OR STAY PENDING ARBITRATION [REDACTED PUBLIC VERSION] filed by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 9/2/2020: #1 Unredacted Memorandum) (McDonagh, Christina). |
| Filing 476 AFFIDAVIT in Support re #475 MOTION to Compel ARBITRATION AND DISMISS MEIJERS COMPLAINT IN INTERVENTION, OR STAY PENDING ARBITRATION [REDACTED PUBLIC VERSION] . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Barlow, Joshua) (Additional attachment(s) added on 9/2/2020: #6 Unredacted Declaration (FILED UNDER SEAL)) (McDonagh, Christina). (Attachment 1 replaced on 9/2/2020) (McDonagh, Christina). (Attachment 2 replaced on 9/2/2020) (McDonagh, Christina). (Attachment 3 replaced on 9/2/2020) (McDonagh, Christina). (Attachment 4 replaced on 9/2/2020) (McDonagh, Christina). (Attachment 5 replaced on 9/2/2020) (McDonagh, Christina). |
| Filing 475 MOTION to Compel ARBITRATION AND DISMISS MEIJERS COMPLAINT IN INTERVENTION, OR STAY PENDING ARBITRATION [REDACTED PUBLIC VERSION] by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) (Additional attachment(s) added on 9/2/2020: #1 Sealed Motion) (McDonagh, Christina). |
| Filing 474 MOTION to Seal [UNOPPOSED, IN PART, AND OPPOSED, IN PART] by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 473 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. Because Section XII consists largely of legal arguments that are inappropriate for a statement of material facts, the motions to strike, [FWK #382 ; Picone #289 ], are GRANTED. SO ORDERED. (McDonagh, Christina) |
| Filing 472 Letter/request (non-motion) from Christopher T. Holding . (Holding, Christopher) |
| Filing 471 Judge Allison D. Burroughs: ORDER entered granting #470 Motion to Extend (by 15 Days) the Discovery and Briefing Deadlines Related to Meijer's Adequacy (Folan, Karen) |
| Filing 470 MOTION [UNOPPOSED] to Extend (by 15 Days) the Discovery and Briefing Deadlines Related to Meijer's Adequacy by Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit A)(Barlow, Joshua) |
| Filing 469 Intervenor COMPLAINT (REDACTED), filed by Intervenor Plaintiff Meijer, Inc. and Meijer Distribution, Inc., against Intervenor Defendants Shire LLC, Shire U.S., Inc., Actavis Elizabeth LLC, Actavis Holdco US, Inc. and Actavis LLC(Barnes, Lauren) (Additional attachment(s) added on 8/11/2020: #1 Intervenor COMPLAINT (UNREDACTED)) (McDonagh, Christina). Modified on 8/11/2020 To corrected docket text of filers(McDonagh, Christina). |
| Filing 468 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #467 Motion for Leave to File Document ; 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. (Folan, Karen) |
| Filing 467 MOTION for Leave to File Under Seal Complaint in Intervention of Meijer, Inc. and Meijer Distribution, Inc. by FWK Holdings LLC. (Attachments: #1 REDACTED Complaint in Intervention of Meijer, Inc. and Meijer Distribution, Inc.)(Barnes, Lauren) |
| Filing 466 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Defendants have filed a motion to disqualify Plaintiffs' experts Mansoor Amiji and Michael Cima, [FWK #413 ; Picone 300 ], both of whom were experts for Actavis and its affiliate, Teva, in the underlying Shire-Actavis lawsuit. [FWK #413 at 1]. Defendants have previously moved to disqualify Amiji and Cima, [FWK #257 ; Picone #191 ], and the Court denied the motions. [FWK 283 ; Picone #223 ]. "Although the better course would have been for Plaintiffs to hire experts who did not create confidentiality concerns, the Court [elected to] consider the experts' reports through the summary judgment stage." [FWK 283 ]. The Court explained, however, that "[s]hould this matter proceed past summary judgment, Defendants and Teva may seek whatever remedies they believe are necessary to prevent disclosure of confidential information or jury confusion at trial." [Id. (emphasis added)]. This case remains at the summary judgment stage. Therefore, the motions, [FWK #413 ; Picone 300 ] are DENIED with leave to renew once the Court has ruled on the pending motions for summary judgment. (McDonagh, Christina) |
| Filing 465 ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 9/2/2020 11:00 AM in Courtroom 17 before Judge Allison D. Burroughs. Counsel Please Note This is A Time Change Only. (McDonagh, Christina) |
| Filing 464 ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 9/2/2020 01:30 PM in Courtroom 17 before Judge Allison D. Burroughs. (McDonagh, Christina) |
| Filing 463 Letter/request (non-motion) from Christopher T. Holding . (Holding, Christopher) |
| Filing 462 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. Accordingly, because Meijer sought to intervene shortly after it appeared that RDC might no longer be able to adequately represent its interests and because the plaintiff class would be unduly prejudiced if Meijer were not permitted to intervene, the motion to intervene, [ECF No. #439 ], is GRANTED. The parties shall have thirty days of discovery from the entry of this Order to evaluate Meijer's adequacy as a class representative. At the close of that limited discovery, Meijer shall file its motion to be appointed class representative by August 24, 2020. Any opposition shall be filed within fourteen days. SO ORDERED. (McDonagh, Christina) |
| Filing 461 ELECTRONIC NOTICE OF RESCHEDULING Status Conference reset for 8/26/2020 01:30 PM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 460 REPLY to Response to #439 MOTION to Intervene (Proposed Intervenor Meijer) filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) |
| Filing 459 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #458 Motion for Leave to File Document ; 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. (Folan, Karen) |
| Filing 458 Assented to MOTION for Leave to File Reply Memorandum in Support of Meijer's Motion for Intervention by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A - Meijer's Reply Memorandum in Support of Motion for Intervention)(Barnes, Lauren) |
| Filing 457 Letter/request (non-motion) from Defendants For Clarification of the Courts Memo and Order RE: Defendants Motion to Decertify (Dkt. No. 456). (Barlow, Joshua) |
| Filing 456 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. The Motion to decertify the class, [ECF No. #404 ], is GRANTED in part and DENIED in part. Although RDC is no longer an adequate class representative, rather than decertify the class, the Court will consider motions to substitute for RDC as a class representative, including Meijer, Inc. and Meijer Distribution, Inc.'s motion to intervene, filed on June 2, 2020, [ECF No. #439 ], which has been fully briefed and is ripe for the Court's consideration. SO ORDERED. (McDonagh, Christina) |
| Filing 455 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #454 Motion for Leave to Appear Pro Hac Vice Added Laura A. Chubb. 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. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Filing 454 MOTION for Leave to Appear Pro Hac Vice for admission of Laura C. Chubb Filing fee: $ 100, receipt number 0101-8318312 by Shire PLC, Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit A)(Barlow, Joshua) |
| Filing 453 NOTICE of Withdrawal of Appearance by Joseph H. Meltzer of John Quinn Kerrigan (Meltzer, Joseph) |
| Filing 452 ELECTRONIC NOTICE of Hearing. Status Conference set for 8/12/2020 10:00 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 451 ELECTRONIC NOTICE Canceling Jury Trial. Trial will be rescheduled. (Folan, Karen) |
| Filing 450 DECLARATION re #449 Opposition to Motion Declaration of Alicia Rubio-Spring, Esq. in support of Defendants' Opposition to Proposed Intervenor Meijer's Motion for Permissive or Mandatory Intervention by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Rubio-Spring, Alicia) |
| Filing 449 Opposition re #439 MOTION to Intervene (Proposed Intervenor Meijer) (Public Version) filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Holding, Christopher) (Additional attachment(s) added on 6/16/2020: #1 Unredacted Opposition (Filed Under Seal)) (McDonagh, Christina). |
| Filing 448 REPLY to Response to #404 MOTION by Defendants to Decertify the DPP Class in Light of Class Representative Rochester Drug Co-Operative, Inc.s Bankruptcy filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barlow, Joshua) (Additional attachment(s) added on 6/16/2020: #3 Unredacted Reply (Filed Under Seal), #4 Unredacted Exhibit B (Filed Under Seal)) (McDonagh, Christina). (Attachment 1 replaced on 6/16/2020) (McDonagh, Christina). |
| Filing 447 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #445 MOTION to Seal Opposition to Proposed Intervenor Meijer's Motion for Permissive or Mandatory Intervention (Unopposed). Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (McDonagh, Christina) |
| Filing 446 Judge Allison D. Burroughs: ELECTRONIC ORDER entered GRANTING Defendants' motion for leave to file a reply, [ECF No. #443 ] ; 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. (McDonagh, Christina) |
| Filing 445 MOTION to Seal Opposition to Proposed Intervenor Meijer's Motion for Permissive or Mandatory Intervention (Unopposed) by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC.(Holding, Christopher) |
| Filing 444 Letter/request (non-motion) from Lauren G. Barnes concerning Parties' Pretrial Activities. (Barnes, Lauren) |
| Filing 443 MOTION for Leave to File DEFENDANTS' REPLY IN SUPPORT OF THEIR MOTION TO DECERTIFY THE CLASS OF DIRECT PURCHASER PLAINTIFFS AND TO SEAL PART OF THEIR REPLY [UNOPPOSED] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit A [Proposed Reply - Redacted Public Version])(Barlow, Joshua) |
| Filing 442 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #441 Motion to Seal. Counsel will receive an email within twenty-four (24) hours of this order with instructions for submitting sealed documents for which leave has been granted in accordance with the Local Rules of the U.S. District Court of Massachusetts. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) |
| Filing 441 MOTION to Seal Exhibits B & C to D.I. No. 440 by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 440 MEMORANDUM in Support re #439 MOTION to Intervene (Proposed Intervenor Meijer) filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A)(Barnes, Lauren) (Additional attachment(s) added on 6/2/2020: #2 Exhibit B- Redacted, #3 Exhibit C- Redacted) (McDonagh, Christina). (Additional attachment(s) added on 6/3/2020: #4 Exhibit B (Filed Under Seal), #5 Exhibit C (Filed Under Seal)) (McDonagh, Christina). |
| Filing 439 MOTION to Intervene (Proposed Intervenor Meijer) by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 438 REPLY to Response to #416 MOTION in Limine REGARDING PLAINTIFFS EFFORTS TO SEEK WAIVER OR ADVERSE INFERENCES FOR INVOCATIONS OF THE ATTORNEY-CLIENT PRIVILEGE [DEFENDANTS JOINT MOTIONS] [REDACTED PUBLIC VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 5/11/2020: #1 Unredacted Reply Memo) (McDonagh, Christina). |
| Filing 437 DECLARATION re #434 Reply to Response to Motion Second Supplemental Declaration of Alicia Rubio-Spring, Esq. by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit 269 (Filed Under Seal), #2 Exhibit 270 (Filed Under Seal), #3 Exhibit 271, #4 Exhibit 272, #5 Exhibit 273, #6 Exhibit 274, #7 Exhibit 275, #8 Exhibit 276 (Filed Under Seal), #9 Exhibit 277 (Filed Under Seal), #10 Exhibit 278, #11 Exhibit 279)(Rubio-Spring, Alicia) (Attachment 1 replaced on 5/11/2020) (McDonagh, Christina). (Attachment 2 replaced on 5/11/2020) (McDonagh, Christina). (Attachment 8 replaced on 5/11/2020) (McDonagh, Christina). (Attachment 9 replaced on 5/11/2020) (McDonagh, Christina). |
| Filing 436 REPLY to Response to #418 MOTION in Limine [Omnibus by All Defendants] (Public Redacted Version) filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Holding, Christopher) (Additional attachment(s) added on 5/11/2020: #1 Unredacted Reply Memo) (McDonagh, Christina). |
| Filing 435 DECLARATION re #434 Reply to Response to Motion in Support of Plaintiffs' Omnibus Motion in Limine by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 5/11/2020: #1 Exhibit 66 (Filed Under Seal), #2 Exhibit 67 (Filed Under Seal), #3 Exhibit 68 (Filed Under Seal)) (McDonagh, Christina). |
| Filing 434 REPLY to Response to #412 MOTION in Limine (Omnibus) (Public Version) filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 5/11/2020: #1 Unredacted Reply Memo) (McDonagh, Christina). |
| Filing 433 MEMORANDUM in Opposition re #404 MOTION by Defendants to Decertify the DPP Class in Light of Class Representative Rochester Drug Co-Operative, Inc.s Bankruptcy filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Declaration of John T. Kinney)(Barnes, Lauren) (Main Document 433 replaced on 5/5/2020) (McDonagh, Christina). (Additional attachment(s) added on 5/5/2020: #2 Unredacted Opposition, #3 Unredacted Declaration) (McDonagh, Christina). |
| Filing 432 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #431 Motion to Seal (Folan, Karen) |
| Filing 431 MOTION to Seal Direct Purchaser Plaintiffs' Memorandum in Opposition to Defendants' Motion to Decertify the Class of Direct Purchasers and Declaration of John T. Kinney by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 430 MEMORANDUM in Opposition re #418 MOTION in Limine [Omnibus by All Defendants] (Public Version) filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 4/27/2020: #1 Unredacted Opposition) (McDonagh, Christina). |
| Filing 429 MEMORANDUM in Opposition re #413 MOTION to Disqualify Plaintiffs' Experts Michael J. Cima and Mansoor M. Amiji [Renewed] filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) |
| Filing 428 DECLARATION In Support of Plaintiffs' Oppositions to Defendants' Motions in Limine by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 4/27/2020: #1 Exhibit 29 (Filed Under Seal), #2 Exhibit 30 (Filed Under Seal), #3 Exhibit 31 (Filed Under Seal), #4 Exhibit 32 (Filed Under Seal), #5 Exhibit 33 (Filed Under Seal), #6 Exhibit 34 (Filed Under Seal), #7 Exhibit 35 (Filed Under Seal), #8 Exhibit 36 (Filed Under Seal), #9 Exhibit 37 (Filed Under Seal), #10 Exhibit 38 (Filed Under Seal), #11 Exhibit 39 (Filed Under Seal), #12 Exhibit 40 (Filed Under Seal), #13 Exhibit 41 (Filed Under Seal), #14 Exhibit 42 (Filed Under Seal), #15 Exhibit 43 (Filed Under Seal), #16 Exhibit 44 (Filed Under Seal), #17 Exhibit 45 (Filed Under Seal), #18 Exhibit 46 (Filed Under Seal), #19 Exhibit 47 (Filed Under Seal), #20 Exhibit 48 (Filed Under Seal), #21 Exhibit 49 (Filed Under Seal), #22 Exhibit 50 (Filed Under Seal), #23 Exhibit 51 (Filed Under Seal), #24 Exhibit 52 (Filed Under Seal), #25 Exhibit 53 (Filed Under Seal), #26 Exhibit 54 (Filed Under Seal), #27 Exhibit 55 (Filed Under Seal), #28 Exhibit 56 (Filed Under Seal), #29 Exhibit 57 (Filed Under Seal), #30 Exhibit 58 (Filed Under Seal), #31 Exhibit 59 (Filed Under Seal), #32 Exhibit 60 (Filed Under Seal), #33 Exhibit 61 (Filed Under Seal), #34 Exhibit 62 (Filed Under Seal), #35 Exhibit 63 (Filed Under Seal), #36 Exhibit 64 (Filed Under Seal), #37 Exhibit 65 (Filed Under Seal)) (McDonagh, Christina). |
| Filing 427 DECLARATION re #426 Opposition to Motion [Alicia Rubio-Spring, Esq.] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit 259, #2 Exhibit 260, #3 Exhibit 261, #4 Exhibit 262 (Filed Under Seal), #5 Exhibit 263, #6 Exhibit 264, #7 Exhibit 265, #8 Exhibit 266, #9 Exhibit 267, #10 Exhibit 268 (Filed Under Seal))(Rubio-Spring, Alicia) (Additional attachment(s) added on 4/27/2020: #11 Exhibit 262 (Filed Under Seal), #12 Exhibit 268 (Filed Under Seal)) (McDonagh, Christina). |
| Filing 426 Opposition re #412 MOTION in Limine (Omnibus) [Redacted] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Holding, Christopher) (Additional attachment(s) added on 4/27/2020: #1 Unredacted Opposition) (McDonagh, Christina). |
| Filing 425 MEMORANDUM in Opposition re #418 MOTION in Limine [Omnibus by All Defendants] Nos. 23 and 24 filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 4/27/2020: #1 Unredacted Response) (McDonagh, Christina). |
| Filing 424 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #423 Motion to Seal Document (Folan, Karen) |
| Filing 423 Joint MOTION to Seal Document And Consolidate Briefing in Opposition to, or Reply in Support of, the Parties Motions In Limine [ALL PARTIES] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 422 Letter/request (non-motion) from Defendants Requesting Status Conference. (Barlow, Joshua) |
| Filing 421 MEMORANDUM in Support re #412 MOTION in Limine (Omnibus) filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 4/13/2020: #1 Unredacted Memorandum) (McDonagh, Christina). (Main Document 421 replaced on 4/13/2020) (McDonagh, Christina). |
| Filing 420 DECLARATION re #418 MOTION in Limine [Omnibus by All Defendants] [Alicia Rubio-Spring, Esq.] [Redacted] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC. (Attachments: #1 Exhibit 237, #2 Exhibit 238, #3 Exhibit 239, #4 Exhibit 240, #5 Exhibit 241, #6 Exhibit 242, #7 Exhibit 243, #8 Exhibit 244, #9 Exhibit 245, #10 Exhibit 246, #11 Exhibit 247, #12 Exhibit 248, #13 Exhibit 249, #14 Exhibit 250, #15 Exhibit 251, #16 Exhibit 252, #17 Exhibit 253, #18 Exhibit 254, #19 Exhibit 255, #20 Exhibit 256, #21 Exhibit 257, #22 Exhibit 258)(Rubio-Spring, Alicia) (Attachment 2 replaced on 4/13/2020) (McDonagh, Christina). (Attachment 3 replaced on 4/13/2020) (McDonagh, Christina). (Attachment 4 replaced on 4/13/2020) (McDonagh, Christina). (Attachment 5 replaced on 4/13/2020) (McDonagh, Christina). (Attachment 9 replaced on 4/13/2020) (McDonagh, Christina). (Attachment 10 replaced on 4/13/2020) (McDonagh, Christina). (Attachment 11 replaced on 4/13/2020) (McDonagh, Christina). (Attachment 13 replaced on 4/13/2020) (McDonagh, Christina). (Attachment 15 replaced on 4/13/2020) (McDonagh, Christina). (Attachment 16 replaced on 4/13/2020) (McDonagh, Christina). |
| Filing 419 MEMORANDUM in Support re #418 MOTION in Limine [Omnibus by All Defendants] [Redacted] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC. (Holding, Christopher) (Additional attachment(s) added on 4/13/2020: #1 Unredacted Memorandum) (McDonagh, Christina). |
| Filing 418 MOTION in Limine [Omnibus by All Defendants] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC.(Holding, Christopher) |
| Filing 417 MEMORANDUM in Support re #416 MOTION in Limine REGARDING PLAINTIFFS EFFORTS TO SEEK WAIVER OR ADVERSE INFERENCES FOR INVOCATIONS OF THE ATTORNEY-CLIENT PRIVILEGE [DEFENDANTS JOINT MOTIONS] [REDACTED PUBLIC VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 4/13/2020: #1 Unredacted Memorandum) (McDonagh, Christina). |
| Filing 416 MOTION in Limine REGARDING PLAINTIFFS EFFORTS TO SEEK WAIVER OR ADVERSE INFERENCES FOR INVOCATIONS OF THE ATTORNEY-CLIENT PRIVILEGE [DEFENDANTS JOINT MOTIONS] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 415 DECLARATION re #412 MOTION in Limine (Omnibus) by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 6)(Barnes, Lauren) (Additional attachment(s) added on 4/13/2020: #2 Exhibit 1 (Filed Under Seal), #3 Exhibit 2 (Filed Under Seal), #4 Exhibit 3 (Filed Under Seal), #5 Exhibit 4 (Filed Under Seal), #6 Exhibit 5 (Filed Under Seal), #7 Exhibit 7 (Filed Under Seal), #8 Exhibit 8 (Filed Under Seal), #9 Exhibit 9 (Filed Under Seal), #10 Exhibit 10 (Filed Under Seal), #11 Exhibit 11 (Filed Under Seal), #12 Exhibit 12 (Filed Under Seal), #13 Exhibit 13 (Filed Under Seal), #14 Exhibit 14 (Filed Under Seal), #15 Exhibit 15 (Filed Under Seal), #16 Exhibit 16 (Filed Under Seal), #17 Exhibit 17 (Filed Under Seal), #18 Exhibit 18 (Filed Under Seal), #19 Exhibit 19 (Filed Under Seal), #20 Exhibit 20 (Filed Under Seal), #21 Exhibit 21 (Filed Under Seal), #22 Exhibit 22 (Filed Under Seal), #23 Exhibit 23 (Filed Under Seal), #24 Exhibit 24 (Filed Under Seal), #25 Exhibit 25 (Filed Under Seal), #26 Exhibit 26 (Filed Under Seal), #27 Exhibit 27 (Filed Under Seal), #28 Exhibit 28 (Filed Under Seal)) (McDonagh, Christina). |
| Filing 414 MEMORANDUM in Support re #413 MOTION to Disqualify Plaintiffs' Experts Michael J. Cima and Mansoor M. Amiji [Renewed] [Redacted] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Holding, Christopher) (Additional attachment(s) added on 4/13/2020: #1 Unredacted Memorandum) (McDonagh, Christina). |
| Filing 413 MOTION to Disqualify Plaintiffs' Experts Michael J. Cima and Mansoor M. Amiji [Renewed] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Teva Pharmaceuticals USA, Inc..(Holding, Christopher) |
| Filing 412 MOTION in Limine (Omnibus) by FWK Holdings LLC, Rochester Drug Co-Operative, Inc..(Barnes, Lauren) |
| Filing 411 ELECTRONIC ENDORSEMENT APPROVING #410 Stipulation, filed by Rochester Drug Co-Operative, Inc., FWK Holdings LLC (Folan, Karen) |
| Filing 410 STIPULATION re #404 MOTION by Defendants to Decertify the DPP Class in Light of Class Representative Rochester Drug Co-Operative, Inc.s Bankruptcy to Extend Time to Respond to May 4, 2020 by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 409 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #408 Motion to Seal (Folan, Karen) |
| Filing 408 Joint MOTION to Seal and Consolidate Briefing in Support of Motions in Limine [ALL PARTIES] by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 407 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #402 Motion to Seal Document (Folan, Karen) |
| Filing 406 DECLARATION re #404 MOTION by Defendants to Decertify the DPP Class in Light of Class Representative Rochester Drug Co-Operative, Inc.s Bankruptcy [REDACTED PUBLIC VERSION] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Shire U.S., Inc., Shire, LLC. (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)(Barlow, Joshua) (Additional attachment(s) added on 4/6/2020: #14 Unredacted Declaration) (McDonagh, Christina). (Attachment 8 replaced on 4/6/2020) (McDonagh, Christina). |
| Filing 405 MEMORANDUM in Support re #404 MOTION by Defendants to Decertify the DPP Class in Light of Class Representative Rochester Drug Co-Operative, Inc.s Bankruptcy [REDACTED PUBLIC VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 4/6/2020: #1 Unredacted Memorandum) (McDonagh, Christina). |
| Filing 404 MOTION by Defendants to Decertify the DPP Class in Light of Class Representative Rochester Drug Co-Operative, Inc.s Bankruptcy by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 403 STATEMENT OF COUNSEL of Lauren G. Barnes Regarding Indirect Purchaser Plaintiffs' Motion to Temporarily Stay Pretrial and Trial Deadlines (filed in Dkt. 1:16-cv-12396, ECF No. 296) by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) |
| Filing 402 MOTION to Seal Document Defendants' Memorandum of Law in Support of Their Motion to Decertify the DPP Class in Light of Class Representative Rochester Drug Co-Operative, Inc.s Bankruptcy [UNOPPOSED] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 401 DECLARATION re 400 Order on Motion for Order, Mailing of Class Certification Notice of Pendency and Report on Requests for Exclusion Received to Date, by FWK Holdings LLC. (Attachments: #1 Exhibit 1)(Barnes, Lauren) |
| Filing 400 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Direct Purchaser Class Plaintiffs' motion for entry of an order approving the form and manner of notice and appointing notice administrator, [ECF No. #393 ], is GRANTED. (McDonagh, Christina) |
| Filing 399 Notice of Supplemental Authorities re #295 MOTION for Partial Summary Judgment as to Actavis' and Shire's Readiness and Ability to Launch Generic and Authorized Generic Inutniv, #294 MOTION for Partial Summary Judgment as to Market Power (Holding, Christopher) |
| Filing 398 Notice of Supplemental Authorities re #295 MOTION for Partial Summary Judgment as to Actavis' and Shire's Readiness and Ability to Launch Generic and Authorized Generic Inutniv, #294 MOTION for Partial Summary Judgment as to Market Power (Attachments: #1 Exhibit A)(Barnes, Lauren) |
| Filing 397 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #392 Motion for Leave to File Document ; 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. (Folan, Karen) |
| Filing 396 DECLARATION re #393 MOTION for Order to Approving Form and Manner of Notice and Appointing Notice Administrator by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10)(Barnes, Lauren) (Additional attachment(s) added on 1/3/2020: #10 Exhibit 1 (Filed Under Seal)) (McDonagh, Christina). |
| Filing 395 DECLARATION re #393 MOTION for Order to Approving Form and Manner of Notice and Appointing Notice Administrator by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) |
| Filing 394 MEMORANDUM in Support re #393 MOTION for Order to Approving Form and Manner of Notice and Appointing Notice Administrator filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) |
| Filing 393 MOTION for Order to Approving Form and Manner of Notice and Appointing Notice Administrator by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 392 MOTION for Leave to File UNDER SEAL Exhibit 1 to Barnes Declaration In Support of Motion for Entry of an Order Approving Form and Manner of Notice and Appointing a Notice Administrator by FWK Holdings LLC, Rochester Drug Co-Operative, Inc..(Barnes, Lauren) |
| Filing 391 Plaintiffs' Response to Defendants' Objections to Plaintiffs' Evidence Under Rule 56(C) (ECF 384) PUBLIC VERSION Response by FWK Holdings LLC . (Barnes, Lauren) (Additional attachment(s) added on 12/9/2019: #1 Unredacted Version) (McDonagh, Christina). |
| Filing 390 MEMORANDUM in Opposition re #382 MOTION to Strike Plaintiffs Improper Additions to Defendants Rule 56 Statement of Undisputed Material Facts filed by FWK Holdings LLC. (Barnes, Lauren) (Additional attachment(s) added on 12/9/2019: #1 Unredacted Memorandum) (McDonagh, Christina). |
| Filing 389 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #388 Motion for Leave to File Document ; 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. (Folan, Karen) |
| Filing 388 MOTION for Leave to File Under Seal Plaintiffs' Response to Defendants' Objections to Plaintiffs' Evidence Under Rule 56(c) [ECF 384] and Memorandum In Opposition to Defendants' Motion to Strike [ECF 382] by FWK Holdings LLC.(Barnes, Lauren) |
| Filing 387 REPLY to Response to #339 MOTION to Exclude Certain Opinions and Testimony of Plaintiffs Expert Michael F. Johnson [REDACTED PUBLIC VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Reply) (McDonagh, Christina). |
| Filing 386 REPLY to Response to #341 MOTION to Exclude Certain Opinions and Testimony of Plaintiffs Expert Thomas Fernandez, M.D. [REDACTED PUBLIC VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Reply) (McDonagh, Christina). |
| Filing 385 REPLY to Response to #337 MOTION to Exclude the Opinions and Testimony of Plaintiffs Experts Mansoor M. Amiji, R.Ph, Ph.D. and Michael J. Cima, Ph.D. [REDACTED PUBLIC VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Reply) (McDonagh, Christina). |
| Filing 384 Objection by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC RE: Plaintiffs Summary Judgment Evidence Under Rule 56(c). (Barlow, Joshua) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Objection) (McDonagh, Christina). |
| Filing 383 MEMORANDUM in Support re #382 MOTION to Strike Plaintiffs Improper Additions to Defendants Rule 56 Statement of Undisputed Material Facts [REDACTED PUBLIC VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barlow, Joshua) (Additional attachment(s) added on 11/25/2019: #3 Unredacted Memorandum) (McDonagh, Christina). |
| Filing 382 MOTION to Strike Plaintiffs Improper Additions to Defendants Rule 56 Statement of Undisputed Material Facts by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Motion) (McDonagh, Christina). |
| Filing 381 REPLY to Response to #335 MOTION to Exclude the Opinion and Testimony of Plaintiffs' Expert Shashank Upadhye [PUBLIC REDACTED VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Holding, Christopher) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Reply) (McDonagh, Christina). |
| Filing 380 Statement of Material Facts L.R. 56.1 re #327 MOTION for Summary Judgment [PUBLIC VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Version) (McDonagh, Christina). |
| Filing 379 REPLY to Response to #333 MOTION to Exclude the Opinion and Testimony of Plaintiffs' Expert John R. Thomas [PUBLIC REDACTED VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Holding, Christopher) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Reply) (McDonagh, Christina). |
| Filing 378 DECLARATION [SECOND SUPPLEMENTAL] of Joshua S. Barlow, Esq. in Support of Defendants Motion for Summary Judgment, Defendants Oppositions to Plaintiffs Motions for Summary Judgment, and Related Filings [REDACTED PUBLIC VERSION] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit 226, #2 Exhibit 227, #3 Exhibit 228, #4 Exhibit 229, #5 Exhibit 230, #6 Exhibit 231, #7 Exhibit 232, #8 Exhibit 233, #9 Exhibit 234, #10 Exhibit 235, #11 Exhibit 236)(Barlow, Joshua) (Additional attachment(s) added on 11/25/2019: #12 Unredacted Declaration) (McDonagh, Christina). (Attachment 1 replaced on 11/25/2019) (McDonagh, Christina). (Attachment 2 replaced on 11/25/2019) (McDonagh, Christina). (Attachment 4 replaced on 11/25/2019) (McDonagh, Christina). (Attachment 5 replaced on 11/25/2019) (McDonagh, Christina). (Attachment 7 replaced on 11/25/2019) (McDonagh, Christina). (Attachment 8 replaced on 11/25/2019) (McDonagh, Christina). (Attachment 10 replaced on 11/25/2019) (McDonagh, Christina). (Attachment 11 replaced on 11/25/2019) (McDonagh, Christina). (Attachment 3 replaced on 11/26/2019) (McDonagh, Christina). (Attachment 6 replaced on 11/26/2019) (McDonagh, Christina). (Attachment 9 replaced on 11/26/2019) (McDonagh, Christina). |
| Filing 377 REPLY to Response to #331 MOTION to Exclude the Opinion and Testimony of Plaintiffs' Experts Martha A. Starr and Christopher F. Baum [PUBLIC REDACTED VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Holding, Christopher) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Reply) (McDonagh, Christina). |
| Filing 376 REPLY to Response to #329 MOTION to Exclude the Opinion and Testimony of Plaintiffs' Expert Thomas G. McGuire [PUBLIC REDACTED VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Holding, Christopher) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Reply) (McDonagh, Christina). |
| Filing 375 REPLY to Response to #327 MOTION for Summary Judgment [PUBLIC VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit A - Filed Under Seal)(Holding, Christopher) (Additional attachment(s) added on 11/25/2019: #2 Unredacted Reply) (McDonagh, Christina). (Attachment 1 replaced on 11/25/2019) (McDonagh, Christina). |
| Filing 374 STATEMENT of facts (Public Version) Plaintiffs' Reply to Defendants' Response to Plaintiffs' Statement of Undisputed Material Facts In Support of Plaintiffs' Motions for Summary Judgment. (Barnes, Lauren) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Reply) (McDonagh, Christina). |
| Filing 373 REPLY to Response to #294 MOTION for Partial Summary Judgment as to Market Power (Public Version) filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Reply) (McDonagh, Christina). |
| Filing 372 REPLY to Response to #295 MOTION for Partial Summary Judgment as to Actavis' and Shire's Readiness and Ability to Launch Generic and Authorized Generic Inutniv (Public Version) filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Reply) (McDonagh, Christina). |
| Filing 371 REPLY to Response to #299 MOTION Exclude certain opinions and testimony of William Zoffer and Dr. Iain Cockburn (Public Version) filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Reply) (McDonagh, Christina). |
| Filing 370 REPLY to Response to #298 MOTION Exclude certain opinions and testimony of Harsha Murthy (Public Version) filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Reply) (McDonagh, Christina). |
| Filing 369 REPLY to Response to #297 MOTION Exclude in part the testimony of Professor Alexander M. Klibanov (Public Version) filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Reply) (McDonagh, Christina). |
| Filing 368 REPLY to Response to #296 MOTION Exclude in part the testimony of Dr. Gregory Bell (Public Version) filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 11/25/2019: #1 Unredacted Reply) (McDonagh, Christina). |
| Filing 367 DECLARATION of LAUREN G. BARNES In Support of Plaintiff's Replies to Their Motions for Summary Judgment and to Exclude Certain Opinions of Plaintiffs' Experts by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 11/25/2019: #1 Exhibit 295 Filed Under Seal, #2 Exhibit 296 Filed Under Seal, #3 Exhibit 297 Filed Under Seal, #4 Exhibit 298 Filed Under Seal, #5 Exhibit 299 Filed Under Seal, #6 Exhibit 300 Filed Under Seal, #7 Exhibit 301 Filed Under Seal, #8 Exhibit 302 Filed Under Seal, #9 Exhibit 303 Filed Under Seal, #10 Exhibit 304 Filed Under Seal, #11 Exhibit 305 Filed Under Seal, #12 Exhibit 306 Filed Under Seal, #13 Exhibit 307 Filed Under Seal, #14 Exhibit 308 Filed Under Seal, #15 Exhibit 309 Filed Under Seal, #16 Exhibit 310 Filed Under Seal, #17 Exhibit 311 Filed Under Seal, #18 Exhibit 312 Filed Under Seal, #19 Exhibit 313 Filed Under Seal, #20 Exhibit 314 Filed Under Seal, #21 Exhibit 315 Filed Under Seal, #22 Exhibit 316 Filed Under Seal, #23 Exhibit 317 Filed Under Seal, #24 Exhibit 318 Filed Under Seal, #25 Exhibit 319 Filed Under Seal, #26 Exhibit 320 Filed Under Seal, #27 Exhibit 321 Filed Under Seal, #28 Exhibit 322 Filed Under Seal, #29 Exhibit 323 Filed Under Seal, #30 Exhibit 324 Filed Under Seal, #31 Exhibit 325 Filed Under Seal, #32 Exhibit 326 Filed Under Seal, #33 Exhibit 327 Filed Under Seal) (McDonagh, Christina). |
| Filing 366 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #365 Motion to Seal (Folan, Karen) |
| Filing 365 Joint MOTION to Seal by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC.(Holding, Christopher) |
| Filing 364 DECLARATION [Supplemental] of Joshua S. Barlow, Esq. in Support of Defendants Motion for Summary Judgment, Defendants Oppositions to Plaintiffs Motions for Summary Judgment and Related Filings [REDACTED PUBLIC VERSION] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 11/4/2019: #1 Unredacted Declaration, #2 Exhibit 179, #3 Exhibit 180, #4 Exhibit 181, #5 Exhibit 182, #6 Exhibit 183, #7 Exhibit 184, #8 Exhibit 185, #9 Exhibit 186, #10 Exhibit 187, #11 Exhibit 188, #12 Exhibit 189, #13 Exhibit 190, #14 Exhibit 191, #15 Exhibit 192, #16 Exhibit 193, #17 Exhibit 194, #18 Exhibit 195, #19 Exhibit 196, #20 Exhibit 197, #21 Exhibit 198, #22 Exhibit 198A, #23 Exhibit 198B, #24 Exhibit 199, #25 Exhibit 200, #26 Exhibit 201, #27 Exhibit 202, #28 Exhibit 203, #29 Exhibit 204, #30 Exhibit 205, #31 Exhibit 206, #32 Exhibit 207, #33 Exhibit 208, #34 Exhibit 209, #35 Exhibit 210, #36 Exhibit 211, #37 Exhibit 212, #38 Exhibit 213, #39 Exhibit 214, #40 Exhibit 215, #41 Exhibit 216, #42 Exhibit 217, #43 Exhibit 218, #44 Exhibit 219, #45 Exhibit 220, #46 Exhibit 221, #47 Exhibit 222, #48 Exhibit 223, #49 Exhibit 224, #50 Exhibit 225) (McDonagh, Christina). |
| Filing 363 Opposition re #298 MOTION Exclude certain opinions and testimony of Harsha Murthy [REDACTED PUBLIC VERSION] filed by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 11/4/2019: #1 Unredacted Opposition) (McDonagh, Christina). |
| Filing 362 Opposition re #297 MOTION Exclude in part the testimony of Professor Alexander M. Klibanov [REDACTED PUBLIC VERSION] filed by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 11/4/2019: #1 Unredacted Opposition) (McDonagh, Christina). |
| Filing 361 Opposition re #299 MOTION Exclude certain opinions and testimony of William Zoffer and Dr. Iain Cockburn [REDACTED PUBLIC VERSION] filed by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 11/4/2019: #1 Unredacted Opposition) (McDonagh, Christina). |
| Filing 360 Opposition re #296 MOTION Exclude in part the testimony of Dr. Gregory Bell [PUBLIC REDACTED VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Holding, Christopher) (Additional attachment(s) added on 11/4/2019: #1 Unredacted Opposition) (McDonagh, Christina). |
| Filing 359 Opposition re #295 MOTION for Partial Summary Judgment as to Actavis' and Shire's Readiness and Ability to Launch Generic and Authorized Generic Inutniv [PUBLIC REDACTED VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Holding, Christopher) (Additional attachment(s) added on 11/4/2019: #1 Unredacted Opposition) (McDonagh, Christina). |
| Filing 358 Opposition re #294 MOTION for Partial Summary Judgment as to Market Power [PUBLIC REDACTED VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Holding, Christopher) (Additional attachment(s) added on 11/4/2019: #1 Unredacted Opposition) (McDonagh, Christina). |
| Filing 357 Opposition re #335 MOTION to Exclude the Opinion and Testimony of Plaintiffs' Expert Shashank Upadhye [PUBLIC REDACTED VERSION] filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 10/31/2019: #1 Unredacted Opposition) (McDonagh, Christina). |
| Filing 356 Opposition re #333 MOTION to Exclude the Opinion and Testimony of Plaintiffs' Expert John R. Thomas [PUBLIC REDACTED VERSION] filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 10/31/2019: #1 Unredacted Opposition) (McDonagh, Christina). |
| Filing 355 Opposition re #327 MOTION for Summary Judgment [PUBLIC VERSION] filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 10/31/2019: #2 Unredacted Opposition) (McDonagh, Christina). |
| Filing 354 Opposition re #331 MOTION to Exclude the Opinion and Testimony of Plaintiffs' Experts Martha A. Starr and Christopher F. Baum [PUBLIC REDACTED VERSION] filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 10/31/2019: #1 Unredacted Opposition) (McDonagh, Christina). |
| Filing 353 Opposition re #329 MOTION to Exclude the Opinion and Testimony of Plaintiffs' Expert Thomas G. McGuire [PUBLIC REDACTED VERSION] filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 10/31/2019: #1 Unredacted Opposition) (McDonagh, Christina). |
| Filing 352 Opposition re #339 MOTION to Exclude Certain Opinions and Testimony of Plaintiffs Expert Michael F. Johnson [REDACTED PUBLIC VERSION] filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 10/31/2019: #1 Unredacted Opposition) (McDonagh, Christina). |
| Filing 351 Opposition re #341 MOTION to Exclude Certain Opinions and Testimony of Plaintiffs Expert Thomas Fernandez, M.D. [REDACTED PUBLIC VERSION] filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 10/31/2019: #1 Unredacted Memorandum in Opposition) (McDonagh, Christina). |
| Filing 350 Opposition re #337 MOTION to Exclude the Opinions and Testimony of Plaintiffs Experts Mansoor M. Amiji, R.Ph, Ph.D. and Michael J. Cima, Ph.D. [REDACTED PUBLIC VERSION] filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 10/31/2019: #1 Unredacted Opposition) (McDonagh, Christina). |
| Filing 349 DECLARATION of LAUREN G. BARNES In Support of Plaintiffs' Opposition to Defendants' Motions for Summary Judgment and to Exclude Certain Opinions of Plaintiffs' Experts by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 10/31/2019: #1 PX 112, #2 PX 113, #3 PX 114, #4 PX 115, #5 PX 116, #6 PX 117, #7 PX 118, #8 PX 119, #9 PX 120, #10 PX 121, #11 PX 122, #12 PX 123, #13 PX 124, #14 PX 125, #15 PX 126, #16 PX 127, #17 PX 128, #18 PX 129, #19 PX 130, #20 PX 131, #21 PX 132, #22 PX 133, #23 PX 134, #24 PX 135, #25 PX 136, #26 PX 137, #27 PX 138, #28 PX 139, #29 PX 140, #30 PX 141, #31 PX 142, #32 PX 143, #33 PX 144, #34 PX 145, #35 PX 146, #36 PX 147, #37 PX 148, #38 PX 149, #39 PX 150, #40 PX 151, #41 PX 152, #42 PX 153, #43 PX 154, #44 PX 155) (McDonagh, Christina). (Additional attachment(s) added on 10/31/2019: #45 PX 156, #46 PX 157, #47 PX 158, #48 PX 159, #49 PX 160, #50 PX 161, #51 PX 162, #52 PX 163, #53 PX 164, #54 PX 165, #55 PX 166, #56 PX 167, #57 PX 168, #58 PX 169, #59 PX 170, #60 PX 171, #61 PX 172, #62 PX 173, #63 PX 174, #64 PX 175, #65 PX 176, #66 PX 177, #67 PX 178, #68 PX 179, #69 PX 180, #70 PX 181, #71 PX 182, #72 PX 183, #73 PX 184, #74 PX 185, #75 PX 186, #76 PX 187, #77 PX 188, #78 PX 189, #79 PX 190, #80 PX 191, #81 PX 192, #82 PX 193, #83 PX 194, #84 PX 195, #85 PX 196, #86 PX 197, #87 PX 198, #88 PX 199, #89 PX 200, #90 PX 201, #91 PX 202, #92 PX 203, #93 PX 204, #94 PX 205, #95 PX 206, #96 PX 207, #97 PX 208, #98 PX 209, #99 PX 210, #100 PX 211, #101 PX 212, #102 PX 213, #103 PX 214, #104 PX 215, #105 PX 216, #106 PX 217, #107 PX 218, #108 PX 219, #109 PX 220, #110 PX 221, #111 PX 222, #112 PX 223, #113 PX 224, #114 PX 225, #115 PX 226, #116 PX 227, #117 PX 228, #118 PX 229, #119 PX 230, #120 PX 231, #121 PX 232, #122 PX 233, #123 PX 234, #124 PX 235, #125 PX 236, #126 PX 237, #127 PX 238, #128 PX 239) (McDonagh, Christina). (Additional attachment(s) added on 10/31/2019: #129 PX 240, #130 PX 241, #131 PX 242, #132 PX 243, #133 PX 244, #134 PX 245, #135 PX 246, #136 PX 247, #137 PX 248, #138 PX 249, #139 PX 250, #140 PX 251, #141 PX 252, #142 PX 253, #143 PX 254, #144 PX 256, #145 PX 257, #146 PX 258, #147 PX 259, #148 PX 260, #149 PX 261, #150 PX 262, #151 PX 263, #152 PX 264, #153 PX 265, #154 PX 266, #155 PX 267, #156 PX 268, #157 PX 269, #158 PX 270, #159 PX 271, #160 PX 272, #161 PX 273, #162 PX 274, #163 PX 275, #164 PX 276, #165 PX 277, #166 PX 278, #167 PX 279, #168 PX 280, #169 PX 281, #170 PX 282, #171 PX 283, #172 PX 284, #173 PX 285, #174 PX 286, #175 PX 287, #176 PX 288, #177 PX 289, #178 PX 290, #179 PX 291, #180 PX 292, #181 PX 293, #182 PX 294) (McDonagh, Christina). (Additional attachment(s) added on 10/31/2019: #183 PX 255) (McDonagh, Christina). |
| Filing 348 ELECTRONIC ENDORSEMENT APPROVING #347 Stipulation to Briefly Extend the Time to File Oppositions and Replies to Rule 56 and Daubert Motions filed by Rochester Drug Co-Operative, Inc., FWK Holdings LLC (Folan, Karen) |
| Filing 347 STIPULATION and [Proposed] Order to Briefly Extend the Time to File Oppositions and Replies to Rule 56 and Daubert Motions by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) |
| Filing 346 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #345 Motion for Leave to File Document ; 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. (Folan, Karen) |
| Filing 345 Joint MOTION for Leave to File Under Seal Oppositions to Dispositive Motions, Daubert Motions, and Supporting Materials by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 344 Letter/request (non-motion) from Parties for Clarification of Rule 56 and Daubert Motions Hearing Date. (Barnes, Lauren) |
| Filing 343 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. The motion for class certification [ECF No. #198 ] is GRANTED in part and DENIED in part. FWK Holdings LLC is dismissed as a class representative. Pursuant to Federal Rule of Civil Procedure 23, the following class is certified: "All persons or entities in the United States and its territories, or subsets thereof, that purchased Intuniv and/or generic Intuniv in any form directly from Shire or Actavis,1 including any predecessor or successor of Shire or Actavis, from October 19, 2012 through June 1, 2015 (the "Class")." Excluded from the Class are Shire, Actavis, and any of their officers, directors, management, employees, subsidiaries, and affiliates, as well as governmental entities. Rochester Drug Co-Operative, Inc. is appointed as the class representative. Thomas M. Sobol and Lauren Guth Barnes of Hagens Berman Sobol Shapiro LLP are appointed as class counsel. SO ORDERED. (McDonagh, Christina) |
| Filing 342 MEMORANDUM in Support re #341 MOTION to Exclude Certain Opinions and Testimony of Plaintiffs Expert Thomas Fernandez, M.D. [REDACTED PUBLIC VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) |
| Filing 341 MOTION to Exclude Certain Opinions and Testimony of Plaintiffs Expert Thomas Fernandez, M.D. [REDACTED PUBLIC VERSION] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 340 MEMORANDUM in Support re #339 MOTION to Exclude Certain Opinions and Testimony of Plaintiffs Expert Michael F. Johnson [REDACTED PUBLIC VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) |
| Filing 339 MOTION to Exclude Certain Opinions and Testimony of Plaintiffs Expert Michael F. Johnson [REDACTED PUBLIC VERSION] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 338 MEMORANDUM in Support re #337 MOTION to Exclude the Opinions and Testimony of Plaintiffs Experts Mansoor M. Amiji, R.Ph, Ph.D. and Michael J. Cima, Ph.D. [REDACTED PUBLIC VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) |
| Filing 337 MOTION to Exclude the Opinions and Testimony of Plaintiffs Experts Mansoor M. Amiji, R.Ph, Ph.D. and Michael J. Cima, Ph.D. [REDACTED PUBLIC VERSION] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 336 MEMORANDUM in Support re #335 MOTION to Exclude the Opinion and Testimony of Plaintiffs' Expert Shashank Upadhye [PUBLIC REDACTED VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Holding, Christopher) |
| Filing 335 MOTION to Exclude the Opinion and Testimony of Plaintiffs' Expert Shashank Upadhye [PUBLIC REDACTED VERSION] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC.(Holding, Christopher) |
| Filing 334 MEMORANDUM in Support re #333 MOTION to Exclude the Opinion and Testimony of Plaintiffs' Expert John R. Thomas [PUBLIC REDACTED VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Holding, Christopher) |
| Filing 333 MOTION to Exclude the Opinion and Testimony of Plaintiffs' Expert John R. Thomas [PUBLIC REDACTED VERSION] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC.(Holding, Christopher) |
| Filing 332 MEMORANDUM in Support re #331 MOTION to Exclude the Opinion and Testimony of Plaintiffs' Experts Martha A. Starr and Christopher F. Baum [PUBLIC REDACTED VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Holding, Christopher) |
| Filing 331 MOTION to Exclude the Opinion and Testimony of Plaintiffs' Experts Martha A. Starr and Christopher F. Baum [PUBLIC REDACTED VERSION] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC.(Holding, Christopher) |
| Filing 330 MEMORANDUM in Support re #329 MOTION to Exclude the Opinion and Testimony of Plaintiffs' Expert Thomas G. McGuire [PUBLIC REDACTED VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Holding, Christopher) |
| Filing 329 MOTION to Exclude the Opinion and Testimony of Plaintiffs' Expert Thomas G. McGuire [PUBLIC REDACTED VERSION] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC.(Holding, Christopher) |
| Filing 328 MEMORANDUM in Support re #327 MOTION for Summary Judgment [PUBLIC VERSION] filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Holding, Christopher) |
| Filing 327 MOTION for Summary Judgment [PUBLIC VERSION] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC.(Holding, Christopher) |
| Filing 326 DECLARATION of Joshua S. Barlow, Esq. in Support of Defendants Motion for Summary Judgment and Related Filings [REDACTED PUBLIC VERSION] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) |
| Filing 301 DECLARATION re #297 MOTION Exclude in part the testimony of Professor Alexander M. Klibanov , #298 MOTION Exclude certain opinions and testimony of Harsha Murthy , #299 MOTION Exclude certain opinions and testimony of William Zoffer and Dr. Iain Cockburn , #295 MOTION for Partial Summary Judgment as to Actavis' and Shire's Readiness and Ability to Launch Generic and Authorized Generic Inutniv, #296 MOTION Exclude in part the testimony of Dr. Gregory Bell , #294 MOTION for Partial Summary Judgment as to Market Power Declaration of Lauren Barnes in Support of Plaintiff's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 9/9/2019: #1 Exhibit 1 (Filed under Seal), #2 Exhibit 2 (Filed Under Seal), #3 Exhibit 3 (Filed Under Seal), #4 Exhibit 4 (Filed Under Seal), #5 Exhibit 5 (Filed Under Seal), #6 Exhibit 6 (FILED UNDER SEAL), #7 Exhibit 7 (FILED UNDER SEAL), #8 Exhibit 8 (FILED UNDER SEAL), #9 Exhibit 9 (FILED UNDER SEAL), #10 Exhibit 10 (FILED UNDER SEAL), #11 Exhibit 11 (Filed under Seal), #12 Exhibit 12 (Filed under Seal), #13 Exhibit 13 (Filed under Seal), #14 Exhibit 14 (Filed under Seal), #15 Exhibit 15 (Filed under Seal), #16 Exhibit 16 (Filed under Seal), #17 Exhibit 17 (Filed under Seal), #18 Exhibit 18 (Filed under Seal), #19 Exhibit 19 (Filed under Seal), #20 Exhibit 20 (Filed under Seal), #21 Exhibit 21 (Filed under Seal), #22 Exhibit 22 (Filed under Seal), #23 Exhibit 23 (Filed under Seal), #24 Exhibit 24 (Filed under Seal), #25 Exhibit 25 (Filed under Seal), #26 Exhibit 26 (Filed under Seal), #27 Exhibit 27 (Filed under Seal), #28 Exhibit 28 (Filed under Seal), #29 Exhibit 29 (Filed under Seal), #30 Exhibit 30 (Filed under Seal), #31 Exhibit 31 (Filed under Seal), #32 Exhibit 32 (Filed under Seal), #33 Exhibit 33 (Filed under Seal), #34 Exhibit 34 (Filed under Seal), #35 Exhibit 35 (Filed under Seal), #36 Exhibit 36 (Filed under Seal), #37 Exhibit 37 (Filed under Seal), #38 Exhibit 38 (Filed under Seal), #39 Exhibit 39 (Filed under Seal), #40 Exhibit 40 (Filed under Seal), #41 Exhibit 41 (Filed under Seal), #42 Exhibit 42 (Filed under Seal), #43 Exhibit 43 (Filed under Seal), #44 Exhibit 44 (Filed under Seal), #45 Exhibit 45 (Filed under Seal), #46 Exhibit 46 (Filed under Seal), #47 Exhibit 47 (Filed under Seal), #48 Exhibit 48 (Filed under Seal), #49 Exhibit 49 (Filed under Seal), #50 Exhibit 50 (Filed under Seal), #51 Exhibit 51 (Filed under Seal), #52 Exhibit 52 (Filed under Seal), #53 Exhibit 53 (Filed under Seal), #54 Exhibit 54 (Filed under Seal), #55 Exhibit 55 (Filed under Seal), #56 Exhibit 56 (Filed under Seal), #57 Exhibit 57 (Filed under Seal), #58 Exhibit 58 (Filed under Seal), #59 Exhibit 59 (Filed under Seal), #60 Exhibit 60 (Filed under Seal), #61 Exhibit 61 (Filed under Seal), #62 Exhibit 62 (Filed under Seal), #63 Exhibit 63 (Filed under Seal), #64 Exhibit 64 (Filed under Seal), #65 Exhibit 65 (Filed under Seal), #66 Exhibit 66 (Filed under Seal), #67 Exhibit 67 (Filed under Seal), #68 Exhibit 68 (Filed under Seal), #69 Exhibit 69 (Filed under Seal), #70 Exhibit 70 (Filed under Seal), #71 Exhibit 71 (Filed under Seal), #72 Exhibit 72 (Filed under Seal), #73 Exhibit 73 (Filed under Seal), #74 Exhibit 74 (Filed under Seal), #75 Exhibit 75 (Filed under Seal), #76 Exhibit 76 (Filed under Seal), #77 Exhibit 77 (Filed under Seal), #78 Exhibit 78 (Filed under Seal), #79 Exhibit 79 (Filed under Seal), #80 Exhibit 80 (Filed under Seal), #81 Exhibit 81 (Filed under Seal), #82 Exhibit 82 (Filed under Seal), #83 Exhibit 83 (Filed under Seal), #84 Exhibit 84 (Filed under Seal), #85 Exhibit 85 (Filed under Seal), #86 Exhibit 86 (Filed under Seal), #87 Exhibit 87 (Filed under Seal), #88 Exhibit 88 (Filed under Seal), #89 Exhibit 89 (Filed under Seal), #90 Exhibit 90 (Filed under Seal), #91 Exhibit 91 (Filed under Seal), #92 Exhibit 92 (Filed under Seal), #93 Exhibit 93 (Filed under Seal), #94 Exhibit 94 (Filed under Seal), #95 Exhibit 95 (Filed under Seal), #96 Exhibit 96 (Filed under Seal), #97 Exhibit 97 (Filed under Seal), #98 Exhibit 98 (Filed under Seal), #99 Exhibit 99 (Filed under Seal), #100 Exhibit 100 (Filed under Seal), #101 Exhibit 101 (Filed under Seal), #102 Exhibit 102 (Filed under Seal), #103 Exhibit 103 (Filed under Seal), #104 Exhibit 104 (Filed under Seal), #105 Exhibit 105 (Filed under Seal), #106 Exhibit 106 (Filed under Seal), #107 Exhibit 107 (Filed under Seal), #108 Exhibit 108 (Filed under Seal), #109 Exhibit 109 (Filed under Seal), #110 Exhibit 110 (Filed under Seal), #111 Exhibit 111 (Filed under Seal)) (McDonagh, Christina). |
| Filing 300 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #293 Motion for Leave to File Document ; 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. (Folan, Karen) |
| Filing 299 MOTION Exclude certain opinions and testimony of William Zoffer and Dr. Iain Cockburn by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 298 MOTION Exclude certain opinions and testimony of Harsha Murthy by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 297 MOTION Exclude in part the testimony of Professor Alexander M. Klibanov by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 296 MOTION Exclude in part the testimony of Dr. Gregory Bell by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 295 MOTION for Partial Summary Judgment as to Actavis' and Shire's Readiness and Ability to Launch Generic and Authorized Generic Inutniv by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 294 MOTION for Partial Summary Judgment as to Market Power by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 293 Joint MOTION for Leave to File Under Seal by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC.(Holding, Christopher) |
| Filing 291 Notice of Supplemental Authorities re #198 MOTION to Certify Class (Attachments: #1 Exhibit A)(Barnes, Lauren) |
| Filing 290 Letter/request (non-motion) from Christopher T. Holding to Judge Burroughs in Response to 286 Notice of Supplemental Authorities. (Holding, Christopher) |
| Filing 289 Judge Allison D. Burroughs: ORDER entered. Stipulation and Order Amending the Scheduling Order(McDonagh, Christina) |
| Filing 288 NOTICE of Withdrawal of Appearance by David Robert Fox (Fox, David) |
| Filing 287 STIPULATION and Proposed Order to Amend the Scheduling Order by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC. (Holding, Christopher) |
| Filing 286 Notice of Supplemental Authorities re #198 MOTION to Certify Class (Attachments: #1 Exhibit A)(Kohn, Peter) |
| Filing 285 CORPORATE DISCLOSURE STATEMENT by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) |
| Filing 284 NOTICE by FWK Holdings LLC, Rochester Drug Co-Operative, Inc. of Filing Materials from July 26, 2019 Hearing (Attachments: #1 Exhibit A)(Barnes, Lauren) |
| Filing 283 Judge Allison D. Burroughs: ELECTRONIC ORDER entered: For the reasons stated at the July 26, 2019 hearing, ECF No. #257 , Motion to Disqualify Plaintiffs' Experts Michael J. Cima and Mansoor M. Amiji, is DENIED. Although the better course would have been for Plaintiffs to hire experts who did not create confidentiality concerns, the Court will consider the experts' reports through the summary judgment stage. Should this matter proceed past summary judgment, Defendants and Teva may seek whatever remedies they believe are necessary to prevent disclosure of confidential information or jury confusion at trial. (McDonagh, Christina) |
| Filing 292 Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Motion Hearing held on 7/26/2019 re #198 MOTION to Certify Class filed by Rochester Drug Co-Operative, Inc., FWK Holdings LLC, ( Jury Trial set for 7/13/2020 09:00 AM in Courtroom 17 before Judge Allison D. Burroughs.) (Court Reporter: Joan Daly at joanmdaly62@gmail.com.) (Folan, Karen) |
| Filing 282 Letter/request (non-motion) from Christopher T. Holding to Judge Burroughs in Response to Plaintiffs' July 23, 2019 Letter (D.I. 281) Regarding Defendant Actavis and Non-Party Teva's Motion to Disqualify Plaintiffs' Experts. (Holding, Christopher) |
| Filing 281 Letter/request (non-motion) from Lauren G. Barnes to Judge Burroughs Regarding Defendant Actavis and Non-Party Teva's Motion to Disqualify Plaintiffs' Experts. (Barnes, Lauren) |
| Filing 280 Letter/request (non-motion) from Christopher T. Holding on behalf of all Parties re July 26, 2019 Hearings on Class Certification Motions and Case Schedule. (Holding, Christopher) |
| Filing 279 Notice of Supplemental Authorities re #198 MOTION to Certify Class (Attachments: #1 Exhibit A)(Barnes, Lauren) |
| Filing 278 ELECTRONIC NOTICE Setting Hearing on Motion #198 MOTION to Certify Class : Motion Hearing set for 7/26/2019 12:00 PM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 277 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #276 Motion for Leave to Appear Pro Hac Vice Added Aviv A. Zalcenstein. 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. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Filing 276 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Aviv A. Zalcenstein Filing fee: $ 100, receipt number 0101-7767380 by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC. (Attachments: #1 Exhibit A: Certificate of Aviv A. Zalcenstein)(Holding, Christopher) |
| Filing 275 Letter/request (non-motion) from Lauren G. Barnes to Judge Burroughs in Response to #274 Defendant Actavis and Non-Party Teva's Letter Regarding Professors Cima and Amiji and Pending Motion to Disqualify. (Barnes, Lauren) |
| Filing 274 Letter/request (non-motion) from Christopher T. Holding to Judge Burroughs re Status of Motion to Disqualify. (Holding, Christopher) |
| Filing 273 NOTICE of Withdrawal of Appearance by Amanda J. Hamilton (Hamilton, Amanda) |
| Filing 272 SUR-REPLY to Motion re #257 MOTION to Disqualify Plaintiffs' Experts Michael J. Cima and Mansoor M. Amiji filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) |
| Filing 271 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #255 Motion to Intervene For A Limited Purpose by Teva Pharmaceuticals USA, Inc.. (Folan, Karen) |
| Filing 270 REPLY to Response to #257 MOTION to Disqualify Plaintiffs' Experts Michael J. Cima and Mansoor M. Amiji filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Holding, Christopher) |
| Filing 269 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #267 Motion for Leave to File Reply and Sur-Reply (Folan, Karen) |
| Filing 268 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #265 Motion to Seal (Folan, Karen) |
| Filing 267 Joint MOTION for Leave to File Reply and Sur-Reply re #257 MOTION to Disqualify Plaintiffs' Experts Michael J. Cima and Mansoor M. Amiji by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Teva Pharmaceuticals USA, Inc..(Holding, Christopher) |
| Filing 266 Response by FWK Holdings LLC, Rochester Drug Co-Operative, Inc. to #260 Notice (Other), Direct Purchaser Plaintiffs' Response to Defendants' Notice of Further Supplemental Information Concerning Direct Purchaser Plaintiff Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A)(Barnes, Lauren) |
| Filing 265 Assented to MOTION to Seal Plaintiffs' Opposition to Defendant Actavis and Non-Party Teva's Motion to Disqualify Experts and Exhibits 3-4 and 6-8 to the Supporting Declaration of Kenneth Pickle by FWK Holdings LLC, Rochester Drug Co-Operative, Inc..(Barnes, Lauren) |
| Filing 264 DECLARATION re #263 Opposition to Motion by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (Filed Under Seal), #4 Exhibit 4 (Filed Under Seal), #5 Exhibit 5, #6 Exhibit 6 (Filed Under Seal), #7 Exhibit 7 (Filed Under Seal), #8 Exhibit 8 (Filed Under Seal))(Barnes, Lauren) (Attachment 3 replaced on 5/13/2019) (McDonagh, Christina). (Attachment 4 replaced on 5/13/2019) (McDonagh, Christina). (Attachment 6 replaced on 5/13/2019) (McDonagh, Christina). (Attachment 7 replaced on 5/13/2019) (McDonagh, Christina). (Attachment 8 replaced on 5/13/2019) (McDonagh, Christina). |
| Filing 263 Opposition re #257 MOTION to Disqualify Plaintiffs' Experts Michael J. Cima and Mansoor M. Amiji (Redacted Public Version) filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) (Additional attachment(s) added on 5/13/2019: #1 Unredacted Version) (McDonagh, Christina). |
| Filing 262 SHIRE's ANSWER to Complaint Direct Purchaser Plaintiffs' Second Amended Consolidated Class Action Complaint by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 261 Response by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC to #247 Redacted Document, Answer of Actavis Elizabeth LLC, Actavis Holdco US, Inc., and Actavis LLC to Direct-Purchaser Plaintiff's Second Consolidated Amended Class Action Complaint. (Holding, Christopher) |
| Filing 260 NOTICE by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire U.S., Inc., Shire, LLC OF FURTHER SUPPLEMENTAL INFORMATION AND RESPONSE TO THE DIRECT PURCHASER PLAINTIFFS NOTICE OF SUPPLEMENTAL INFORMATION CONCERNING DIRECT PURCHASER PLAINTIFF ROCHESTER DRUG CO-OPERATIVE, INC. (Dkt. No. 254) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Barlow, Joshua) |
| Filing 259 DECLARATION re #257 MOTION to Disqualify Plaintiffs' Experts Michael J. Cima and Mansoor M. Amiji by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Teva Pharmaceuticals USA, 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)(Rubio-Spring, Alicia) |
| Filing 258 MEMORANDUM in Support re #257 MOTION to Disqualify Plaintiffs' Experts Michael J. Cima and Mansoor M. Amiji filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Teva Pharmaceuticals USA, Inc.. (Holding, Christopher) |
| Filing 257 MOTION to Disqualify Plaintiffs' Experts Michael J. Cima and Mansoor M. Amiji by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Teva Pharmaceuticals USA, Inc..(Holding, Christopher) |
| Filing 256 CORPORATE DISCLOSURE STATEMENT by Teva Pharmaceuticals USA, Inc. identifying Corporate Parent Teva Pharmaceuticals Industries Ltd. for Teva Pharmaceuticals USA, Inc... (Holding, Christopher) |
| Filing 255 MOTION to Intervene For A Limited Purpose by Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Exhibit 1)(Holding, Christopher) |
| Filing 254 NOTICE by FWK Holdings LLC, Rochester Drug Co-Operative, Inc. of Supplemental Information Concerning Direct Purchaser Plaintiff Rochester Drug Co-Operative, Inc. (Barnes, Lauren) |
| Filing 253 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #251 Motion for Extension of Time to May 3, 2019 to Respond to the Second Consolidated Amended Class Action Complaint (Folan, Karen) |
| Filing 251 Assented to MOTION for Extension of Time to May 3, 2019 to Respond to the Second Consolidated Amended Class Action Complaint by Actavis Elizabeth LLC, Actavis Holdco US, Inc..(Holding, Christopher) |
| Filing 250 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #248 Motion to Seal (Folan, Karen) |
| Filing 249 DECLARATION of Lauren G. Barnes in Support of Direct Purchaser Class Plaintiffs' Final Brief in Support of Motion for Class Certification by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 65 (Filed Under Seal), #2 Exhibit 66)(Barnes, Lauren) (Attachment 1 replaced on 4/16/2019) (McDonagh, Christina). |
| Filing 248 Assented to MOTION to Seal Final Brief in Support of Direct Purchaser Class Plaintiffs' Motion for Class Certification and Exhibit 65 to the Supporting Declaration of Lauren G. Barnes by FWK Holdings LLC, Rochester Drug Co-Operative, Inc..(Barnes, Lauren) |
| Filing 247 REDACTION Redacted Public Version of Second Consolidated Amended Class Action Complaint & Demand for Jury Trial byFWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Sobol, Thomas) (Additional attachment(s) added on 4/3/2019: #1 Unredacted Version) (McDonagh, Christina). |
| Filing 246 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #245 Motion to Seal (Folan, Karen) |
| Filing 245 Assented to MOTION to Seal Second Amended Consolidated Class Action Complaint by FWK Holdings LLC, Rochester Drug Co-Operative, Inc..(Barnes, Lauren) |
| Filing 244 DECLARATION of Alicia Rubio-Spring, Esq. in Support of Defendants' Sur-Reply in Further Opposition to Direct Purchaser Class Plaintiffs' Motion for Class Certification by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit 54, #2 Exhibit 55, #3 Exhibit 56, #4 Exhibit 57)(Rubio-Spring, Alicia) (Additional attachment(s) added on 4/2/2019: #5 Sur-Reply with Appendix A) (McDonagh, Christina). (Attachment 1 replaced on 4/2/2019) (McDonagh, Christina). (Attachment 2 replaced on 4/2/2019) (McDonagh, Christina). (Attachment 3 replaced on 4/2/2019) (McDonagh, Christina). (Attachment 4 replaced on 4/2/2019) (McDonagh, Christina). |
| Filing 243 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #238 Motion to Amend Direct Purchaser Plaintiffs' Consolidated Amended Class Action Complaint (Folan, Karen) |
| Filing 242 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #237 Motion to Seal (Folan, Karen) |
| Filing 241 STIPULATION and [Proposed] Order to Amend the Third Amended Scheduling Order by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) |
| Filing 240 DECLARATION re #238 Assented to MOTION to Amend Direct Purchaser Plaintiffs' Consolidated Amended Class Action Complaint by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Barnes, Lauren) (Attachment 1 replaced on 4/1/2019) (McDonagh, Christina). (Attachment 2 replaced on 4/1/2019) (McDonagh, Christina). |
| Filing 239 MEMORANDUM in Support re #238 Assented to MOTION to Amend Direct Purchaser Plaintiffs' Consolidated Amended Class Action Complaint filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Barnes, Lauren) |
| Filing 238 Assented to MOTION to Amend Direct Purchaser Plaintiffs' Consolidated Amended Class Action Complaint by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 237 MOTION to Seal Exhibits 1 & 2 to Declaration of Lauren G. Barnes in Support of Direct Purchaser Plaintiffs' Motion to Amend their Consolidated Amended Class Action Complaint by FWK Holdings LLC, Rochester Drug Co-Operative, Inc..(Barnes, Lauren) |
| Filing 236 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #235 Motion to Seal (Folan, Karen) |
| Filing 235 MOTION to Seal Sur-Reply in Opposition to the Motion for Class Certification of DPPs and in Response to DPP's Reply Memorandum in Support of the Motion for Class Certification [Unopposed] by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Shire U.S., Inc., Shire, LLC.(Frederick, Sarah) |
| Filing 233 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #232 Motion to Seal Document (Folan, Karen) |
| Filing 232 MOTION to Seal Document by FWK Holdings LLC, Rochester Drug Co-Operative, Inc..(LaSalle, Kristie) |
| Filing 231 Judge Allison D. Burroughs: ELECTRONIC ORDER entered ECF No. #228 , Motion for Leave to File Excess Pages in Reply and File Sur-reply in Support of Class Certification, is GRANTED IN PART and DENIED IN PART. Direct Purchaser Plaintiffs may file a 35-page reply by March 18, 2019. Defendants may file a 20-page sur-reply by April 1, 2019. Direct Purchaser Plaintiffs may file a 15-page final brief by April 8, 2019. 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.; granting in part and denying in part #228 Motion for Leave to File Document ; 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. (McDonagh, Christina) |
| Filing 230 Letter/request (non-motion) from Lauren G. Barnes to Judge Burroughs in Response to Defendants' March 4, 2019 Letter Concerning Class Certification Briefing & the Deposition of Dr. Gregory Bell. (Barnes, Lauren) |
| Filing 229 RESPONSE to Motion re #228 MOTION for Leave to File Excess Pages in Reply MOTION for Leave to File Surreply, in Support of Class Certification filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order)(Holding, Christopher) |
| Filing 228 MOTION for Leave to File Excess Pages in Reply, MOTION for Leave to File Surreply, in Support of Class Certification ( Responses due by 3/15/2019) by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Barnes, Lauren) |
| Filing 227 Opposition re #198 MOTION to Certify Class (REDACTED) filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Shire U.S., Inc., Shire, LLC. (Holding, Christopher) |
| Filing 226 Judge Allison D. Burroughs: ORDER entered. Stipulated Order of Non-Waiver Pursuant to Federal Rule of Evidence 502 re #225 Letter/request (non-motion) (McDonagh, Christina) |
| Filing 225 Letter/request (non-motion) from Peter Kohn to Judge Burroughs Requesting Entry of Stipulated Order. (Attachments: #1 [Proposed] Stipulated Order)(Kohn, Peter) |
| Filing 223 DECLARATION of Alicia Rubio-Spring, Esq. In Support of Defendants' Opposition to Direct Purchaser Class Plaintiffs' Motion for Class Certification by Actavis Elizabeth LLC, Actavis Holdco US, Inc.. #53 Exhibit 53 (Rubio-Spring, Alicia) (Additional attachment(s) added on 2/15/2019: #54 Unredacted Declaration) (McDonagh, Christina). (Additional attachment(s) added on 2/15/2019: #55 Ex. 1 (Under Seal), #56 Ex. 2 (Under Seal), #57 Ex. 3 (Under Seal), #58 Ex. 4 (Under Seal), #59 Ex. 5 (Under Seal), #60 Ex. 6 (Under Seal), #61 Ex. 7 (Under Seal), #62 Ex. 8 (Under Seal), #63 Ex. 9 (Under Seal), #64 Ex. 10 (Under Seal), #65 Ex. 11 (Under Seal), #66 Ex. 12 (Under Seal), #67 Ex. 13 (Under Seal), #68 Ex. 14 (Under Seal), #69 Ex. 15 (Under Seal), #70 Ex. 16 (Under Seal), #71 Ex. 17 (Under Seal), #72 Ex. 18 (Under Seal), #73 Ex. 19 (Under Seal), #74 Ex. 20 (Under Seal), #75 Ex. 21 (Under Seal), #76 Ex. 22 (Under Seal), #77 Ex. 23 (Under Seal), #78 Ex. 24 (Under Seal), #79 Ex. 25 (Under Seal), #80 Ex. 26 (Under Seal), #81 Ex. 27 (Under Seal), #82 Ex. 28 (Under Seal), #83 Ex. 29 (Under Seal), #84 Ex. 30 (Under Seal), #85 Ex. 31 (Under Seal), #86 Ex. 32 (Under Seal), #87 Ex. 33 (Under Seal), #88 Ex. 34 (Under Seal), #89 Ex. 35 (Under Seal), #90 Ex. 36 (Under Seal), #91 Ex. 37 (Under Seal), #92 Ex. 38 (Under Seal), #93 Ex. 39 (Under Seal), #94 Ex. 40 (Under Seal), #95 Ex. 41 (Under Seal), #96 Ex. 42 (Under Seal), #97 Ex. 43 (Under Seal), #98 Ex. 44 (Under Seal), #99 Ex. 45 (Under Seal), #100 Ex. 46 (Under Seal), #101 Ex. 47 (Under Seal), #102 Ex. 48 (Under Seal), #103 Ex. 49 (Under Seal), #104 Ex. 50 (Under Seal), #105 Ex. 51 (Under Seal), #106 Ex. 52 (Under Seal), #107 Ex. 53 (Under Seal)) (McDonagh, Christina). |
| Filing 222 NOTICE by FWK Holdings LLC of Change of Firm Affiliation (Vanek, Joseph) |
| Filing 221 Withdrawal of motion: #220 MOTION to Seal INFORMATION FOR IN CAMERA REVIEW IN A RELATED PROCEEDING filed by Shire U.S., Inc., Shire, LLC.. (Kelly, Fred) |
| Filing 220 MOTION to Seal INFORMATION FOR IN CAMERA REVIEW IN A RELATED PROCEEDING by Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit A)(Barlow, Joshua) |
| Filing 219 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #216 Motion to Seal (Folan, Karen) |
| Filing 218 Joint REPLY to Response to #212 Joint MOTION to Amend Scheduling Order and Request for Expedited Ruling [By Defendants Only] filed by Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit A)(Barlow, Joshua) |
| Filing 217 Opposition re #212 Joint MOTION to Amend Scheduling Order and Request for Expedited Ruling filed by FWK Holdings LLC, Rochester Drug Co-Operative, 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)(Barnes, Lauren) (Attachment 1 replaced on 12/26/2018) (McDonagh, Christina). (Attachment 10 replaced on 12/26/2018) (McDonagh, Christina). (Attachment 11 replaced on 12/26/2018) (McDonagh, Christina). (Attachment 12 replaced on 12/26/2018) (McDonagh, Christina). (Attachment 13 replaced on 12/26/2018) (McDonagh, Christina). |
| Filing 216 MOTION to Seal Exhibits to Plaintiffs' Opposition to Defendants' Joint Motion to Amend Scheduling Order and Request an Expedited Ruling by FWK Holdings LLC, Rochester Drug Co-Operative, Inc..(Barnes, Lauren) |
| Filing 215 NOTICE of Change of Address or Firm Name by John D. Radice (Radice, John) |
| Filing 214 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #212 Motion to Amend (Folan, Karen) |
| Filing 213 Letter/request (non-motion) from Lauren G. Barnes regarding defendants' motion (ECF No. 212). (Barnes, Lauren) |
| Filing 212 Joint MOTION to Amend Scheduling Order and Request for Expedited Ruling by Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Barlow, Joshua) |
| Filing 211 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. For the reasons explained above, Plaintiffs requests for relief with respect to Actavis' document productions are DENIED. Plaintiffs' requests for relief with respect to Shire's document productions are GRANTED IN PART and DENIED IN PART. Shire shall produce all independently responsive historical document listed in ECF No. 172 -5 for which a substantially identical document has not yet been produced in this action. The remainder of Plaintiffs' requests with respect to Shire's productions are denied. SO ORDERED.(McDonagh, Christina) |
| Filing 210 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered re #195 Letter/request (non-motion) from Shire Defendants RE: RDC Deposition and Document Production. See attached MEMORANDUM AND ORDER for ruling. (McDonagh, Christina) |
| Filing 209 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered re #194 Letter/request (non-motion) from David S. Nalven on behalf of Direct Purchasers regarding discovery dispute. See attached Memorandum and Order for ruling. (McDonagh, Christina) |
| Filing 208 Response by Shire U.S., Inc., Shire, LLC to #206 Letter/request (non-motion) RE RDC's Request for Protective Order. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Barlow, Joshua) |
| Filing 207 Letter/request (non-motion) from Joshua S. Barlow RE: Shires Forthcoming Response to Plaintiff RDCs New Request for Protective Order. (Barlow, Joshua) |
| Filing 206 Letter/request (non-motion) from Peter Kohn Response to D.I. #195. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Kohn, Peter) |
| Filing 205 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #202 Motion to Seal (Folan, Karen) |
| Filing 204 [REDACTED] Response by Shire U.S., Inc., Shire, LLC to #194 Letter/request (non-motion), . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Barlow, Joshua) (Additional attachment(s) added on 11/7/2018: #8 Unredacted Response and Exhibits (Filed Under Seal)) (McDonagh, Christina). |
| Filing 202 Assented to MOTION to Seal Response to DPPs' Dispute Letter by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 201 Letter/request (non-motion) from Fred A. Kelly, Jr. to Judge Burroughs Requesting Status Conference. (Kelly, Fred) |
| Filing 200 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #196 Motion to Seal (Folan, Karen) |
| Filing 199 DECLARATION re #198 MOTION to Certify Class Declaration of Lauren G. Barnes in Support of Direct Purchaser Class Plaintiffs' Motion for Class Certification by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1 (filed under seal), #2 Exhibit 2 (filed under seal), #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 (filed under seal), #7 Exhibit 7 (filed under seal), #8 Exhibit 8 (filed under seal), #9 Exhibit 9 (filed under seal), #10 Exhibit 10 (filed under seal), #11 Exhibit 11 (filed under seal), #12 Exhibit 12 (filed under seal), #13 Exhibit 13 (filed under seal), #14 Exhibit 14 (filed under seal), #15 Exhibit 15 (filed under seal), #16 Exhibit 16 (filed under seal), #17 Exhibit 17 (filed under seal), #18 Exhibit 18 (filed under seal), #19 Exhibit 19 (filed under seal), #20 Exhibit 20 (filed under seal), #21 Exhibit 21 (filed under seal), #22 Exhibit 22 (filed under seal), #23 Exhibit 23 (filed under seal), #24 Exhibit 24 (filed under seal), #25 Exhibit 25 (filed under seal), #26 Exhibit 26 (filed under seal), #27 Exhibit 27 (filed under seal), #28 Exhibit 28 (filed under seal), #29 Exhibit 29 (filed under seal), #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34 (filed under seal), #35 Exhibit 35 (filed under seal), #36 Exhibit 36 (filed under seal), #37 Exhibit 37 (filed under seal), #38 Exhibit 38 (filed under seal), #39 Exhibit 39 (filed under seal), #40 Exhibit 40 (filed under seal), #41 Exhibit 41 (filed under seal), #42 Exhibit 42 (filed under seal), #43 Exhibit 43 (filed under seal), #44 Exhibit 44 (filed under seal), #45 Exhibit 45 (filed under seal), #46 Exhibit 46 (filed under seal), #47 Exhibit 47 (filed under seal), #48 Exhibit 48 (filed under seal), #49 Exhibit 49 (filed under seal), #50 Exhibit 50)(Barnes, Lauren) Modified to replace "placeholders" with actual sealed documents on 11/5/2018 (McDonagh, Christina). |
| Filing 198 MOTION to Certify Class by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Trial Plan)(Barnes, Lauren) |
| Filing 197 Letter/request (non-motion) from Lauren G. Barnes to Judge Burroughs Requesting Status Conference. (Barnes, Lauren) |
| Filing 196 Assented to MOTION to Seal by FWK Holdings LLC, Rochester Drug Co-Operative, Inc..(LaSalle, Kristie) |
| Filing 195 Letter/request (non-motion) from Shire Defendants RE: RDC Deposition and Document Production. (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)(Barlow, Joshua) |
| Filing 194 Redacted Letter/request (non-motion) from David S. Nalven on behalf of Direct Purchasers regarding discovery dispute. (Nalven, David) (Additional attachment(s) added on 10/22/2018: #1 Unredacted Letter/request (non-motion) from David S. Nalven on behalf of Direct Purchasers regarding discovery dispute.) (McDonagh, Christina). |
| Filing 193 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #192 Motion to Seal (Folan, Karen) |
| Filing 192 Assented to MOTION to Seal by FWK Holdings LLC, Rochester Drug Co-Operative, Inc..(Barnes, Lauren) |
| Filing 191 NOTICE of Withdrawal of Appearance by Fred A. Kelly, Jr for John Collins (Kelly, Fred) |
| Filing 190 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #189 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. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Filing 189 MOTION for Leave to Appear Pro Hac Vice for admission of April D. Lambert Filing fee: $ 100, receipt number 0101-7348568 by FWK Holdings LLC. (Attachments: #1 Affidavit)(LaSalle, Kristie) |
| Filing 188 Letter/request (non-motion) from Sharon Robertson to Judge Burroughs in Reply to Shire Defendants' September 7, 2018 Letter Opposing Plaintiffs' Challenge to Shire's Privilege Assertions and Proposal for in Camera Review. (Barnes, Lauren) |
| Filing 187 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #186 Motion for Leave to File Document ; 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. (Folan, Karen) |
| Filing 186 Assented to MOTION for Leave to File a Reply in Support of the Plaintiffs' August 22, 2018 Letter by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A)(Barnes, Lauren) |
| Filing 185 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #184 Motion for Leave to Appear Pro Hac Vice Added Nicholas F. Giove. 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. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Filing 184 First MOTION for Leave to Appear Pro Hac Vice for admission of Nicholas F. Giove Filing fee: $ 100, receipt number 0101-7316137 by Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit Exhibit A)(Kelly, Fred) |
| Filing 183 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #180 Motion to Amend scheduling order (Folan, Karen) |
| Filing 182 Public Version of the September 7, 2018 Letter/request (non-motion) from Fred A. Kelly in response to Plaintiffs' Letter dated August 22, 2018. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7)(Kelly, Fred) |
| Filing 180 Joint MOTION to Amend the Court's February 23, 2018 Scheduling Order by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Barnes, Lauren) |
| Filing 179 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #178 Motion to Seal (Folan, Karen) |
| Filing 178 Consent MOTION to Seal Defendants September 7th Response by Shire U.S., Inc., Shire, LLC.(Kelly, Fred) |
| Filing 177 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #176 Motion for Extension of Time to File Response/Reply to 9/7/18. (Folan, Karen) |
| Filing 176 Consent MOTION for Extension of Time to 9/7/2018 to File Response/Reply by Shire U.S., Inc., Shire, LLC.(Kelly, Fred) |
| Filing 175 Public Version of the August 21, 2018 Letter/request (non-motion) from Christopher T. Holding in response to Plaintiffs' Letter dated August 7, 2018. (Holding, Christopher) |
| Filing 174 REDACTION - Update to August 14 Discovery Dispute Letter byFWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Robertson, Sharon) |
| Filing 171 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #170 Motion to Seal (McDonagh, Christina) |
| Filing 170 Assented to MOTION to Seal by FWK Holdings LLC, Rochester Drug Co-Operative, Inc..(Barnes, Lauren) |
| Filing 169 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #168 Motion to Seal (Folan, Karen) |
| Filing 168 MOTION to Seal Response to Letter Dated August 7, 2018 by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC.(Holding, Christopher) |
| Filing 167 NOTICE by FWK Holdings LLC, Rochester Drug Co-Operative, Inc. Regarding Plaintiff's August 14, 2018 Discovery Dispute Letter. (Robertson, Sharon) |
| Filing 166 REDACTION - Letter Regarding Discovery Dispute byFWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Robertson, Sharon) |
| Filing 165 Letter/request (non-motion) from Lauren G. Barnes to Judge Burroughs Requesting that Court Defer Shire's Response to Plaintiffs' August 9, 2018 Letter Motion. (Barnes, Lauren) |
| Filing 163 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #162 Motion to Seal (Folan, Karen) |
| Filing 162 Assented to MOTION to Seal by FWK Holdings LLC, Rochester Drug Co-Operative, Inc..(Barnes, Lauren) |
| Filing 161 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Given the time-sensitive nature of Plaintiffs' letter request dated August 9, 2018 [ECF Nos. #160 , 160-1], the Court sets Wednesday, August 15, 2018 as the deadline for Shire to file its response.(McDonagh, Christina) |
| Filing 160 Letter/request (non-motion) from Lauren G. Barnes to Judge Burroughs Adopting Letter Motion Filed by Indirect Purchaser Plaintiffs. (Attachments: #1 Exhibit A)(Barnes, Lauren) |
| Filing 159 REDACTION - Letter Regarding Discovery Dispute byFWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Robertson, Sharon) (Additional attachment(s) added on 8/9/2018: #1 Unredacted Letter Regarding Discovery Dispute, #2 Exhibit 1 (Filed Under Seal), #3 Exhibit 2 (Filed Under Seal), #4 Exhibit 3 (Filed Under Seal), #5 Exhibit 4 (Filed Under Seal), #6 Exhibit 5 (Filed Under Seal), #7 Exhibit 6 (Filed Under Seal), #8 Exhibit 7 (Filed Under Seal), #9 Exhibit 8 (Filed Under Seal), #10 Exhibit 9 (Filed Under Seal), #11 Exhibit 10 (Filed Under Seal), #12 Exhibit 11 (Filed Under Seal), #13 Exhibit 12 (Filed Under Seal)) (McDonagh, Christina). |
| Filing 158 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #157 Motion to Seal (Folan, Karen) |
| Filing 157 Assented to MOTION to Seal by FWK Holdings LLC, Rochester Drug Co-Operative, Inc..(Barnes, Lauren) |
| Filing 156 NOTICE of Appearance by Lauren G. Barnes on behalf of FWK Holdings LLC (Barnes, Lauren) |
| Filing 155 Judge Allison D. Burroughs: ORDER entered. Stipulated Amended Federal Rule of Evidence 502(D)(McDonagh, Christina) |
| Filing 154 STIPULATION Stipulated Amended Federal Rule of Evidence 502(d) Order by FWK Holdings LLC. (LaSalle, Kristie) |
| Filing 153 NOTICE of Appearance by Caitlin G. Coslett on behalf of Rochester Drug Co-Operative, Inc. (Coslett, Caitlin) |
| Filing 152 NOTICE of Appearance by David F. Sorensen on behalf of Rochester Drug Co-Operative, Inc. (Sorensen, David) |
| Filing 151 ELECTRONIC ENDORSEMENT APPROVING #150 Stipulation filed by FWK Holdings LLC (Folan, Karen) |
| Filing 150 STIPULATION Stipulation and Proposed Order Designating Consolidated Amended Class Action Complaint as Complaint on Behalf of FWK Holdings, LLC and Rochester Drug Co-Operative, Inc. by FWK Holdings LLC. (Sobol, Thomas) |
| Filing 149 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #148 Motion for Leave to Appear Pro Hac Vice Added Joseph H. Meltzer, Terence S. Ziegler, John Quinn Kerrigan. Pursuant to Local Rule 83.5.3, local counsel shall file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. 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. (McDonagh, Christina) |
| Filing 148 MOTION for Leave to Appear Pro Hac Vice for admission of Joseph H. Meltzer, Terence S. Ziegler, and John Quinn Kerrigan Filing fee: $ 300, receipt number 0101-7024027 by FWK Holdings LLC. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit)(LaSalle, Kristie) (Attachments 1, 2, & 3 replaced on 2/27/2018 as the originally filed documents would not open properly) (McDonagh, Christina). |
| Filing 147 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #144 Assented to MOTION to Withdraw Appearance of Caroline S. Brownworth (McDonagh, Christina) |
| Filing 146 Judge Allison D. Burroughs: AMENDED SCHEDULING ORDER entered. Fact Discovery to be completed by 9/24/2018, Dispositive Motions due by 5/31/2019, Jury Trial set for 1/21/2020 09:00 AM in Courtroom 17 before Judge Allison D. Burroughs.(Folan, Karen) |
| Filing 145 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #141 Motion to Amend (Folan, Karen) |
| Filing 144 Assented to MOTION to Withdraw Appearance of Caroline S. Brownworth by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC.(Holding, Christopher) |
| Filing 143 NOTICE of Appearance by Alicia Rubio-Spring on behalf of Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC (Rubio-Spring, Alicia) |
| Filing 142 NOTICE of Appearance by Srikanth K. Reddy on behalf of Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC (Reddy, Srikanth) |
| Filing 141 Joint MOTION to Amend #94 Scheduling Order, Set Deadlines by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Sobol, Thomas) |
| Filing 140 REDACTION Consolidated Amended Class Action Complaint (Redacted Version) byFWK Holdings LLC. (Sobol, Thomas) |
| Filing 139 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Given FWK's response to the order to show cause, ECF No. #137 , the unredacted complaint ECF No. 32 may remain filed under seal, and FWK shall file the redacted version of the complaint on the public docket. (McDonagh, Christina) |
| Filing 138 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting ECF No. #134 Assented to Motion to Consolidate Cases in case 1:16-cv-12653-ADB. (McDonagh, Christina) |
| Filing 137 RESPONSE TO ORDER TO SHOW CAUSE by FWK Holdings LLC. (Attachments: #1 Exhibit A)(Sobol, Thomas) |
| Filing 136 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. Plaintiff FWK Holdings, LLC ("FWK") filed its amended complaint under seal on March 13, 2017. [ECF No. 32]. It is not apparent to the Court, however, why the entire complaint must remain under seal. Accordingly, FWK is hereby ORDERED to show cause, in writing, by February 16, 2018, as to why it should not be required to file a redacted version of the complaint on the public docket.(Folan, Karen) |
| Filing 135 MEMORANDUM in Support re #134 Assented to MOTION to Consolidate Cases filed by FWK Holdings LLC. (Sobol, Thomas) |
| Filing 134 Assented to MOTION to Consolidate Cases by FWK Holdings LLC. (Attachments: #1 Text of Proposed Order)(Sobol, Thomas) |
| Filing 133 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. For the reasons stated in defendants' oppositions and in light of their subsequent document productions, the direct purchaser plaintiffs' motion to compel [ECF No. 127] is DENIED as moot with leave to renew if necessary. With regard to scheduling interim discovery deadlines, the parties should meet and confer in an effort to set a mutually agreeable schedule. If the parties are unable to reach an agreement, each side may submit a proposed schedule for the Court's consideration. (Folan, Karen) |
| Filing 132 AFFIDAVIT of Joshua S. Barlow in Opposition re #127 MOTION to Compel Discovery and Set Interim Discovery Deadlines filed by Shire U.S., Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Barlow, Joshua) |
| Filing 131 Opposition re #127 MOTION to Compel Discovery and Set Interim Discovery Deadlines filed by Shire U.S., Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Barlow, Joshua) |
| Filing 130 DECLARATION re #129 Opposition to Motion to Compel by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Frederick, Sarah) |
| Filing 129 Opposition re #127 MOTION to Compel Discovery and Set Interim Discovery Deadlines filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC. (Frederick, Sarah) |
| Filing 128 AFFIDAVIT in Support re #127 MOTION to Compel Discovery and Set Interim Discovery Deadlines by Kristie A. LaSalle. (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, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(LaSalle, Kristie) |
| Filing 127 MOTION to Compel Discovery and Set Interim Discovery Deadlines by FWK Holdings LLC. (Attachments: #1 Memorandum, #2 Proposed Order)(Sobol, Thomas) |
| Filing 126 NOTICE of Appearance by Donna M. Evans on behalf of FWK Holdings LLC (Evans, Donna) |
| Filing 125 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #124 Motion for Leave to Appear Pro Hac Vice Added Sharon K. Robertson and Jessica Weiner. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings and conferences, unless expressly excused by the Court for good cause. 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. (McDonagh, Christina) |
| Filing 124 MOTION for Leave to Appear Pro Hac Vice for admission of Sharon K. Robertson, Jessica Weiner Filing fee: $ 200, receipt number 0101-6956288 by FWK Holdings LLC. (Attachments: #1 Affidavit, #2 Affidavit)(LaSalle, Kristie) |
| Filing 123 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #122 Motion for Leave to Appear Pro Hac Vice Added Bart D. Cohen, Bradley J. Demuth, Linda P. Nussbuam. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. 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. (McDonagh, Christina) Modified on 12/18/2017 (McDonagh, Christina). |
| Filing 122 MOTION for Leave to Appear Pro Hac Vice for admission of Linda P. Nussbaum, Bradley J. Demuth & Bart D. Cohen Filing fee: $ 300, receipt number 0101-6930818 by FWK Holdings LLC. (Attachments: #1 Affidavit, #2 Affidavit, #3 Affidavit)(LaSalle, Kristie) |
| Filing 121 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #118 #119 #120 Motions for Leave to Appear Pro Hac Vice Added John Radice, Kenneth Pickle and Clark Craddock. 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. . Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (Montes, Mariliz) |
| Filing 120 MOTION for Leave to Appear Pro Hac Vice for admission of Clark Craddock Filing fee: $ 100, receipt number 0101-6911741 by FWK Holdings LLC. (Attachments: #1 Affidavit)(LaSalle, Kristie) |
| Filing 119 MOTION for Leave to Appear Pro Hac Vice for admission of Kenneth Pickle Filing fee: $ 100, receipt number 0101-6911728 by FWK Holdings LLC. (Attachments: #1 Affidavit)(LaSalle, Kristie) |
| Filing 118 MOTION for Leave to Appear Pro Hac Vice for admission of John Radice Filing fee: $ 100, receipt number 0101-6911700 by FWK Holdings LLC. (Attachments: #1 Affidavit)(LaSalle, Kristie) |
| Filing 117 ELECTRONIC ENDORSEMENT APPROVING #115 Stipulation filed by Rochester Drug Co-Operative, Inc., FWK Holdings LLC and APPROVING #116 Stipulation filed by Rochester Drug Co-Operative, Inc., FWK Holdings LLC (Folan, Karen) |
| Filing 116 STIPULATION Proposed Stipulation & Order to Amend Scheduling Order by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (LaSalle, Kristie) |
| Filing 115 STIPULATION Proposed Stipulation & Order Regarding Expert Discovery by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. (LaSalle, Kristie) |
| Filing 114 Entered in error by court staff. |
| Filing 113 NOTICE of Withdrawal of Appearance by Archana Tamoshunas (Tamoshunas, Archana) |
| Filing 112 NOTICE of Withdrawal of Appearance by Caitlin G. Coslett (Coslett, Caitlin) |
| Filing 111 NOTICE of Withdrawal of Appearance by David F. Sorensen (Sorensen, David) |
| Filing 110 NOTICE of Voluntary Dismissal by Rochester Drug Co-Operative, Inc. (Attachments: #1 Exhibit A)(Sorensen, David) |
| Filing 109 NOTICE of Appearance by Caroline S. Brownworth on behalf of Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC (Brownworth, Caroline) |
| Filing 108 ANSWER to Complaint by Shire U.S., Inc..(Barlow, Joshua) |
| Filing 107 ANSWER to Complaint (Answer of Actavis Elizabeth LLC, Actavis Holdco U.S., Inc., and Actavis LLC to Direct-Purchaser Plaintiffs' Consolidated Amended Class Action Complaint) by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC.(Holding, Christopher) |
| Filing 105 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #104 Motion for Extension of Time to Answer Actavis Elizabeth LLC answer due 10/31/2017; Actavis Holdco US, Inc. answer due 10/31/2017; Actavis LLC answer due 10/31/2017. (Folan, Karen) |
| Filing 104 Assented to MOTION for Extension of Time to October 31, 2017 to File Answer or otherwise respond to the Consolidated and Amended Class Action Complaint by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC.(Holding, Christopher) |
| Filing 103 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #102 Motion for Extension of Time to File Response/Reply (Folan, Karen) |
| Filing 102 Assented to MOTION for Extension of Time to October 31, 2017 to File Response/Reply to Amended Complaint by Shire U.S., Inc..(Barlow, Joshua) |
| Filing 101 Judge Allison D. Burroughs: ENDORSED ORDER entered. STIPULATION REGARDING DISCOVERY LIMITS.(Montes, Mariliz) |
| Filing 100 Judge Allison D. Burroughs: ENDORSED ORDER entered. STIPULATED FEDERAL RULE OF EVIDENCE 502 (d) ORDER.(Montes, Mariliz) |
| Filing 99 Judge Allison D. Burroughs: ENDORSED ORDER entered. STIPULATED PROTECTIVE ORDER(Montes, Mariliz) |
| Filing 98 Judge Allison D. Burroughs: ENDORSED ORDER entered. Joint Stipulated Protocol for the Discovery of Electronically Stored Information and Hard Copy Documents. (Montes, Mariliz) |
| Filing 97 Letter/request (non-motion) from Plaintiffs . (Attachments: #1 Joint Stipulated Protocol for the Discovery of Electronically Stored Information and Hard Copy Documents, #2 [Proposed] Stipulated Protective Order, #3 Stipulated Federal Rule of Evidence 502(d) Order, #4 Stipulation regarding Discovery Limits)(LaSalle, Kristie) |
| Filing 96 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) |
| Filing 95 Transcript of Hearing held on October 11, 2017, before Judge Allison D. Burroughs. 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: Joan Daly at joanmdaly62@gmail.com Redaction Request due 11/8/2017. Redacted Transcript Deadline set for 11/20/2017. Release of Transcript Restriction set for 1/16/2018. (Scalfani, Deborah) |
| Filing 94 Judge Allison D. Burroughs: ORDER entered. SCHEDULING ORDER: Amended Pleadings due by 2/1/2018, Fact Discovery to be completed by 6/11/2018, Dispositive Motions due by 2/12/2019. Jury trial set for 9/16/19 at 9:00 a.m.(Folan, Karen) |
| Filing 93 Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 10/11/2017. Colloquy re: schedule, protective order, trial. Trial estimated to last 3-5 weeks. Scheduling order to issue. ( Jury Trial set for 9/16/2019 09:00 AM in Courtroom 17 before Judge Allison D. Burroughs.). (Court Reporter: Joan Daly at joanmdaly62@gmail.com.)(Attorneys present: LaSalle, Nalven, Barlow, Brockmeyer, Frederick, Holding, Stanoch, Galebach) (Folan, Karen) |
| Filing 92 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. #1 Memorandum and Order) (Folan, Karen). |
| Filing 91 NOTICE of Appearance by David S. Nalven on behalf of FWK Holdings LLC (Nalven, David) |
| Filing 90 ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 10/11/2017 03:00 PM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 89 BRIEF by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC Regarding Disputed Issues in the Proposed ESI Protocol and Joint Scheduling Order. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Holding, Christopher) |
| Filing 88 Letter/request (non-motion) from Direct Purchaser Plaintiffs setting forth position on aspects of the parties' proposed litigation plan. (LaSalle, Kristie) |
| Filing 87 Letter/request (non-motion) from Kristie LaSalle . (Attachments: #1 Amended Joint Scheduling and Discovery Report, #2 Proposed ESI Protocol, #3 Proposed Protective Order, #4 502(d) Order)(LaSalle, Kristie) |
| Filing 86 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #85 Motion for Leave to Appear Pro Hac Vice Added John P. Bjork. 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. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (Montes, Mariliz) |
| Filing 85 MOTION for Leave to Appear Pro Hac Vice for admission of John P. Bjork Filing fee: $ 100, receipt number 0101-6776899 by FWK Holdings LLC. (Attachments: #1 Affidavit)(LaSalle, Kristie) |
| Filing 84 Response by Shire U.S., Inc., Shire, LLC to #81 Notice of Supplemental Authorities, #82 Notice of Supplemental Authorities . (Barlow, Joshua) |
| Filing 83 Response by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC to #81 Notice of Supplemental Authorities, #82 Notice of Supplemental Authorities . (Holding, Christopher) |
| Filing 82 Notice of Supplemental Authorities re #52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Sobol, Thomas) |
| Filing 81 Notice of Supplemental Authorities re #52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Sobol, Thomas) |
| Filing 80 Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The #75 Motion to Stay Discovery is DENIED. The discovery schedule takes into account the amount of time during which the Court expects the motions to dismiss to remain pending. (Montes, Mariliz) |
| Filing 79 Judge Allison D. Burroughs: ORDER entered. SCHEDULING ORDER: SCHEDULING ORDER: Parties shall appear at the Status Conference set for 9/28/2017 at 02:00 PM in Courtroom 17 before Judge Allison D. Burroughs. All initial disclosures shall be completed by 8/22/2017. Fact discovery to be completed by 5/21/2018. (Montes, Mariliz) |
| Filing 77 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #76 Motion for Joinder (Folan, Karen) |
| Filing 76 MOTION for Joinder To Indirect Purchaser Plaintiff's Opposition to Motion to Stay Discovery by FWK Holdings LLC.(Sobol, Thomas) |
| Filing 78 Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Motion Hearing held on 7/20/2017. Oral argument by the parties. Colloquy re: schedule. Status Conference set for 9/28/2017 02:00 PM in Courtroom 17 before Judge Allison D. Burroughs. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.) (Folan, Karen) |
| Filing 75 MOTION to Stay Discovery by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 74 Joint Scheduling and Discovery Report pursuant to Rules 16(b) and 26(f) of the Federal Rules of Civil Procedure . (Barlow, Joshua) Modified on 7/14/2017 to correct description of pleading (Montes, Mariliz). |
| Filing 73 NOTICE of Appearance by Kiersten Taylor on behalf of FWK Holdings LLC (Taylor, Kiersten) |
| Filing 72 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) |
| Filing 71 Transcript of Status Conference held on March 30, 2017, before Judge Allison D. Burroughs. 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: Joan Daly at joanmdaly62@gmail.com Redaction Request due 7/21/2017. Redacted Transcript Deadline set for 7/31/2017. Release of Transcript Restriction set for 9/28/2017. (Scalfani, Deborah) |
| Filing 70 NOTICE of Withdrawal of Appearance by David Robert Fox (Fox, David) |
| Filing 69 NOTICE of Appearance by Hannah W. Brennan on behalf of FWK Holdings LLC (Brennan, Hannah) |
| Filing 68 REPLY to Response to #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Shire PLC, Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 6/5/2017: #1 Unredacted Reply Memorandum) (Montes, Mariliz). |
| Filing 67 REPLY to Response to #52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC. (Holding, Christopher) (Additional attachment(s) added on 6/5/2017: #1 Actavis' Unredacted Reply Memorandum) (Montes, Mariliz). |
| Filing 66 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #65 Motion for Leave to File Document ; 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. (Folan, Karen) |
| Filing 65 Assented to MOTION for Leave to File UNDER SEAL Portions of their respective reply memoranda in support of their motions to dismiss by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC, Shire PLC, Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 64 NOTICE of Change of Address or Firm Name by Joshua S. Barlow (Barlow, Joshua) |
| Filing 62 Opposition re #52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [REDACTED] filed by FWK Holdings LLC. (Sobol, Thomas) |
| Filing 61 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #59 Motion for Leave to File Document ; 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. (Folan, Karen) |
| Filing 60 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #58 Motion to Seal Document (Folan, Karen) |
| Filing 59 MOTION for Leave to File a Consolidated Opposition to Defendants' Motions to Dismiss by FWK Holdings LLC.(LaSalle, Kristie) |
| Filing 58 MOTION to Seal Document Direct Purchasers' Opposition to Motion to Dismiss Complaint by FWK Holdings LLC.(LaSalle, Kristie) |
| Filing 57 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #54 Actavis Defendants' Unopposed Motion for Leave to File Under Seal Actavis Defendants' Memorandum in Support of Motion to Dismiss. (Montes, Mariliz) |
| Filing 56 CORPORATE DISCLOSURE STATEMENT by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) |
| Filing 55 CORPORATE DISCLOSURE STATEMENT by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC identifying Corporate Parent Teva Pharmaceutical Industries Limited for Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC.. (Holding, Christopher) |
| Filing 54 MOTION to Seal Document #53 Memorandum in Support of Motion (Unopposed) by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC.(Holding, Christopher) |
| Filing 53 MEMORANDUM in Support re #52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (REDACTED) filed by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC. (Holding, Christopher) (Additional attachment(s) added on 4/12/2017: #1 Unredacted Memorandum in support) (Montes, Mariliz). |
| Filing 52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC.(Holding, Christopher) |
| Filing 51 DECLARATION re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Barlow, Joshua) (Additional attachment(s) added on 4/12/2017: #4 Unredacted Declaration of Joshua Barlow in Support, #5 Exhibit 1 to unredacted Declaration of Joshua Barlow in Support, #6 Exhibit 2 to unredacted Declaration of Joshua Barlow in Support, #7 Exhibit 3 to unredacted Declaration of Joshua Barlow in Support) (Montes, Mariliz). |
| Filing 50 MEMORANDUM in Support re #49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Shire U.S., Inc., Shire, LLC. (Barlow, Joshua) (Additional attachment(s) added on 4/12/2017: #1 Unredacted Memorandum in Support) (Montes, Mariliz). |
| Filing 49 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 48 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #47 Defendants Shire U.S., Inc. and Shire, LLC's Unopposed Motion for Leave to File Under Seal (Montes, Mariliz) |
| Filing 47 MOTION to Seal Document Shires Memorandum in Support of its Motion to Dismiss and Exhibits to the Supporting Declaration of Joshua S. Barlow [UNOPPOSED] by Shire U.S., Inc., Shire, LLC.(Barlow, Joshua) |
| Filing 46 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #45 Joint Motion for Leave to File Memoranda in Excess of Twenty Pages ; 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. (Montes, Mariliz) |
| Filing 45 Joint MOTION for Leave to File Excess Pages by Shire U.S., Inc..(Barlow, Joshua) |
| Filing 44 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #41 Actavis Defendants' and Direct Purchaser Plaintiffs' Joint Motion for Leave to File Memoranda in Excess of Twenty Pages ; 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. (Montes, Mariliz) |
| Filing 43 NOTICE of Appearance by Sarah K. Frederick on behalf of Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC (Frederick, Sarah) |
| Filing 42 NOTICE of Appearance by Christopher T. Holding on behalf of Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC (Holding, Christopher) |
| Filing 41 Joint MOTION for Leave to File Excess Pages by Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC.(Fox, David) |
| Filing 40 ELECTRONIC NOTICE Setting Hearing on Motion to Dismiss. Motion Hearing set for 7/20/2017 10:00 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 39 Electronic Clerk's Notes for proceedings held before Judge Allison D. Burroughs: Status Conference held on 3/30/2017. Parties would like Rule 16 conference after motion to dismiss is ruled on. Parties would like a hearing on the motion. Motion hearing set for 7/20/17 at 10:00 a.m. (Court Reporter: Joan Daly at joanmdaly62@gmail.com.) (Folan, Karen) |
| Filing 38 NOTICE of Voluntary Dismissal by FWK Holdings LLC (LaSalle, Kristie) |
| Filing 37 WAIVER OF SERVICE Returned Executed by FWK Holdings LLC. Actavis Holdco US, Inc. waiver sent on 3/20/2017, answer due 5/19/2017. (LaSalle, Kristie) |
| Filing 36 WAIVER OF SERVICE Returned Executed by FWK Holdings LLC. Actavis Elizabeth LLC waiver sent on 3/20/2017, answer due 5/19/2017. (LaSalle, Kristie) |
| Filing 35 WAIVER OF SERVICE Returned Executed by FWK Holdings LLC. Actavis LLC waiver sent on 3/20/2017, answer due 5/19/2017. (LaSalle, Kristie) |
| Filing 34 ELECTRONIC NOTICE OF RESCHEDULING Status Conference set for 3/30/2017 11:00 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 33 Summons Issued as to Actavis Elizabeth LLC, Actavis Holdco US, Inc., Actavis LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Montes, Mariliz) |
| Filing 31 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #29 Motion for Leave to File Document ; 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. (Folan, Karen) |
| Filing 30 ELECTRONIC NOTICE OF RESCHEDULING Status Conference reset for 3/16/2017 10:00 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 29 MOTION for Leave to File DIRECT PURCHASERS' CONSOLIDATED AMENDED CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL UNDER SEAL by FWK Holdings LLC.(Sobol, Thomas) |
| Filing 28 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #25 Motion for Leave to Appear Pro Hac Vice Added Michael F. Brockmeyer, David S. Shotlander, Amanda J. Hamilton, David A. Zwally and John F. Collins. 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. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (Montes, Mariliz) |
| Filing 27 NOTICE of Appearance by Tarae L. Howell on behalf of Shire U.S., Inc., Shire, LLC (Howell, Tarae) |
| Filing 26 NOTICE of Appearance by Fred A. Kelly, Jr on behalf of Shire U.S., Inc., Shire, LLC (Kelly, Fred) |
| Filing 25 MOTION for Leave to Appear Pro Hac Vice for admission of Michael F. Brockmeyer, David S. Shotlander, Amanda J. Hamilton, David A. Zwally, and John F. Collins Filing fee: $ 500, receipt number 0101-6528041 by Shire U.S., Inc., Shire, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Barlow, Joshua) |
| Filing 24 NOTICE of Appearance by Joshua S. Barlow on behalf of Shire U.S., Inc., Shire, LLC (Barlow, Joshua) |
| Filing 23 ELECTRONIC NOTICE of Hearing. Status Conference set for 3/15/2017 11:00 AM in Courtroom 17 before Judge Allison D. Burroughs. (Folan, Karen) |
| Filing 22 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #21 Motion for Extension of Time to File (Folan, Karen) |
| Filing 21 Assented to MOTION for Extension of Time to 3/10/2017 to File Consolidated Amended Class Action Complaints by FWK Holdings LLC.(Sobol, Thomas) |
| Filing 20 Set Deadlines: Consolidated Amended Class Action Complaint due by 3/3/2017; Motion to Dismiss due by 4/3/2017; Response to Motion to Dismiss due by 5/3/2017; Reply to Motion to Dismiss due by 5/24/2017; Sur-replies to Motion to Dismiss due by 6/21/2017. Associated Cases: 1:16-cv-12653-ADB, 1:17-cv-10050-ADB(Montes, Mariliz) |
| Filing 19 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting (13)Joint Motion to Consolidate Cases in case 1:16-cv-12653-ADB Associated Cases: 1:16-cv-12653-ADB, 1:17-cv-10050-ADB(Montes, Mariliz) |
| Filing 18 MEMORANDUM in Support re #13 Joint MOTION to Consolidate Cases filed by FWK Holdings LLC. (Montes, Mariliz) |
| Filing 17 MEMORANDUM in Support re (19 in 1:17-cv-10050-ADB) Joint MOTION to Consolidate Cases , (13 in 1:16-cv-12653-ADB) Joint MOTION to Consolidate Cases filed by FWK Holdings LLC, Rochester Drug Co-Operative, Inc.. Associated Cases: 1:17-cv-10050-ADB, 1:16-cv-12653-ADB(Montes, Mariliz) |
| Filing 16 WAIVER OF SERVICE Returned Executed by FWK Holdings LLC. Shire, LLC waiver sent on 1/24/2017, answer due 3/27/2017. (Sobol, Thomas) |
| Filing 15 WAIVER OF SERVICE Returned Executed by FWK Holdings LLC. Shire U.S., Inc. waiver sent on 1/24/2017, answer due 3/27/2017. (Sobol, Thomas) |
| Filing 14 WAIVER OF SERVICE Returned Executed by FWK Holdings LLC. Teva Pharmaceuticals USA, Inc. waiver sent on 1/12/2017, answer due 3/13/2017. (Sobol, Thomas) |
| Filing 13 Joint MOTION to Consolidate Cases by FWK Holdings LLC. (Attachments: # 1 Proposed CMO)(Sobol, Thomas) Modified on 3/1/2017 to detach memorandum in support of motion and re-docketing same as a separate docket entry.(Montes, Mariliz). |
| Filing 12 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #10 Motion for Leave to Appear Pro Hac Vice Added David P. Germaine. 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. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (Montes, Mariliz) |
| Filing 11 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #9 Motion for Leave to Appear Pro Hac Vice Added Joseph M. Vanek. 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. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (Montes, Mariliz) |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice for admission of David P. Germaine Filing fee: $ 100, receipt number 0101-6500081 by FWK Holdings LLC. (Attachments: #1 Affidavit)(LaSalle, Kristie) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice for admission of Joseph M. Vanek Filing fee: $ 100, receipt number 0101-6500043 by FWK Holdings LLC. (Attachments: #1 Affidavit)(LaSalle, Kristie) |
| Filing 8 ELECTRONIC NOTICE of Reassignment. Judge Allison D. Burroughs added. Judge Nathaniel M. Gorton no longer assigned to case. (Abaid, Kimberly) |
| Filing 7 Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting #6 Motion to Reassign Case. "Motion allowed and this case should therefore be transferred to the session assigned to the earlier-filed related case, i.e. Judge Burroughs' session." (Lima, Christine) |
| Filing 6 MOTION to Reassign Case as Related to 16-cv-12396 by FWK Holdings LLC. (Attachments: #1 Affidavit of Thomas M. Sobol)(Sobol, Thomas) |
| Filing 5 CORPORATE DISCLOSURE STATEMENT by FWK Holdings LLC. (Sobol, Thomas) |
| Filing 4 NOTICE of Appearance by Kristie A. LaSalle on behalf of FWK Holdings LLC (LaSalle, Kristie) |
| Filing 3 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Nici, Richard) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (adminn, ) |
| Filing 1 COMPLAINT Class Action Complaint and Demand for Jury Trial against Teva Pharmaceutical Industries Ltd., Shire U.S., Inc., Shire, LLC, Shire PLC, Teva Pharmaceuticals USA, Inc. Filing fee: $ 400, receipt number 0101-6435333 (Fee Status: Filing Fee paid), filed by FWK Holdings LLC. (Attachments: #1 Civil Cover Sheet, #2 Civil Category Sheet)(Sobol, Thomas) |
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