FWK Holdings LLC v. Shire PLC et al
Plaintiff: FWK Holdings LLC
Defendant: Shire PLC, Shire, LLC, Shire U.S., Inc., Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries Ltd.
Case Number: 1:2016cv12653
Filed: December 30, 2016
Court: US District Court for the District of Massachusetts
Office: Boston Office
County: Middlesex
Presiding Judge: Nathaniel M. Gorton
Nature of Suit: Antitrust
Cause of Action: 15:1
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
February 11, 2021 Opinion or Order 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)
November 25, 2020 Opinion or Order Filing 545 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered.Shire's motion, [Picone 346; FWK 528 ], is DENIED. SO ORDERED. (McDonagh, Christina)
October 9, 2020 Opinion or Order 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 test imony, [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 GRA NTED 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 testi mony 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)
August 26, 2020 Opinion or Order 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)
July 24, 2020 Opinion or Order 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 undul y 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)
July 8, 2020 Opinion or Order 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)
September 24, 2019 Opinion or Order 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 includi ng 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)
December 10, 2018 Opinion or Order 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)
November 27, 2018 Opinion or Order 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)
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Plaintiff: FWK Holdings LLC
Represented By: Kristie A. LaSalle
Represented By: Thomas M. Sobol
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Defendant: Shire PLC
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Defendant: Shire, LLC
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Defendant: Shire U.S., Inc.
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Defendant: Teva Pharmaceuticals USA, Inc.
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Defendant: Teva Pharmaceutical Industries Ltd.
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