Covington et al v. Biogen Inc. et al
| David Covington, Tansy Wilkerson and Daisy Santiago |
| The Retirement Committee, Board of Directors of Biogen, Inc., Biogen Inc. and John Does, 1-30 |
| Sarah Gamble |
| Biogen 401(K) Savings Plan Committee and Does No. 1-10 |
| 1:2020cv11325 |
| July 14, 2020 |
| US District Court for the District of Massachusetts |
| Denise J Casper |
| George A OToole |
| Labor: E.R.I.S.A. |
| 29 U.S.C. § 1109 Breach of Fiduciary Duties |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER.
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| Filing 113 Judge Denise J. Casper: ELECTRONIC ORDER entered re #112 Status Report filed by Sarah Gamble, Daisy Santiago, David Covington, Tansy Wilkerson. Plaintiffs to file a motion for preliminary approval of the settlement and all necessary and appropriate supporting papers on or before August 24, 2023. All other deadlines in the action remain stayed pending the Court's review of the settlement under Federal Rule of Civil Procedure 23. (Hourihan, Lisa) |
| Filing 112 STATUS REPORT Joint Status Report Pursuant to ECF No. 110 by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson. (Rubinow, Laurie) |
| Filing 111 ELECTRONIC NOTICE Canceling Hearing - In light of the Order entered at D. 110, the status conference previously scheduled for 4/10/23 is cancelled. (Currie, Haley) |
| Filing 110 Judge Denise J. Casper: ELECTRONIC ORDER entered re D. #109 Joint MOTION to Stay Pending Mediation - The Court will ALLOW the joint motion only to the following extent. The Court will stay the prior deadlines in this matter through 6/29/23, one week after the parties' scheduled mediation. By 6/29/23, the parties must file a joint report indicating whether the matter resolved by mediation or, if not, what further schedule the parties propose. The Court does not anticipate any further stay of this matter beyond 6/29/23. (Currie, Haley) |
| Filing 109 Joint MOTION to Stay Pending Mediation by Biogen 401(K) Savings Plan Committee, Biogen Inc., Board of Directors of Biogen, Inc..(Hoffman, Douglas) |
| Filing 108 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #107 Motion for Leave to Appear Pro Hac Vice Added Adam R. Carlisle. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Currie, Haley) |
| Filing 107 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Adam R. Carlisle Filing fee: $ 125, receipt number AMADC-9683610 by Biogen 401(K) Savings Plan Committee, Biogen Inc., Board of Directors of Biogen, Inc.. (Attachments: #1 Affidavit of Adam R. Carlisle)(Hoffman, Douglas) |
| Filing 106 ELECTRONIC NOTICE Canceling Hearing. In light of D. 104, the hearing on class certification set for 1/26/23 is canceled. (Hourihan, Lisa) |
| Filing 105 Judge Denise J. Casper: ELECTRONIC ORDER entered re #102 Stipulation Order to Modify Scheduling Order filed by Sarah Gamble, Daisy Santiago, David Covington, Tansy Wilkerson. Motion to alter class certification schedule DENIED as moot in light of the allowance of D. 103. (Hourihan, Lisa) |
| Filing 104 Judge Denise J. Casper: ORDER entered re #103 Stipulation Order Regarding Class Certification by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson.(Hourihan, Lisa) |
| Filing 103 STIPULATION and [Proposed] Order Regarding Class Certification by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson. (Berin, Alec) |
| Filing 102 STIPULATION and [Proposed] Order to Modify Scheduling Order by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson. (Berin, Alec) |
| Filing 101 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 4/10/2023 02:00 PM in Courtroom 11 (Remote only) before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 100 ELECTRONIC NOTICE Setting Hearing on Motion for Class Certification. Motion Hearing set for 1/26/2023 02:00 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 99 Judge Denise J. Casper: ELECTRONIC ORDER entered re #98 Status Report filed by The Retirement Committee, Board of Directors of Biogen, Inc., Biogen Inc. In light of the parties' joint status report, the Court lifts the stay and adopts the proposed schedule in part. The Court adopts the proposed schedule through the 7/7/23 deadline for Defendants' expert disclosures, D. 98 at 1-2. Fact witness depositions by 3/15/23. Fact discovery to be completed by 4/3/23. Plaintiffs' expert disclosures by 5/3/23. Defendants' expert disclosures by 7/7/23. From there, instead of the schedule proposed by parties, the Court adopts this further schedule: Completion of expert depositions 9/7/23. Dispositive motion due 10/6/23. Opposition to dispositive motion 11/7/23.In addition, the Court sets a class certification motion hearing for January 26, 2023 at 2:00 p.m. and a status conference for April 10, 2023 at 2:00 p.m. Any further hearings/conferences will be set at or after the status conference. (Hourihan, Lisa).. |
| Filing 98 STATUS REPORT (JOINT STATUS REPORT) by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee. (Hoffman, Douglas) |
| Filing 97 ELECTRONIC NOTICE Canceling Hearing. In light of the stay, D. 96, the Status Conference set for 4/4/22 is canceled. (Hourihan, Lisa) |
| Filing 96 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #95 Motion to Stay litigation in its entirety through 6/22/22. Status Conference canceled. Counsel to file a joint status report five business days of completing mediation advising the Court that the mediation was successful or, alternatively, requesting that the stay be lifted and propose a new scheduling order. (Hourihan, Lisa) |
| Filing 95 Joint MOTION to Stay Pending Litigation by Biogen 401(K) Savings Plan Committee, Biogen Inc., Board of Directors of Biogen, Inc..(Hoffman, Douglas) |
| Filing 94 Judge Denise J. Casper: ORDER entered. PROTECTIVE ORDER(Hourihan, Lisa) |
| Filing 93 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #92 Motion for Protective Order (Hourihan, Lisa) |
| Filing 92 Joint MOTION for Protective Order by Biogen 401(K) Savings Plan Committee, Biogen Inc., Board of Directors of Biogen, Inc., Sarah Gamble. (Attachments: #1 Exhibit A - Stipulation and Proposed Protective Order)(Hoffman, Douglas) |
| Filing 91 NOTICE of Withdrawal of Appearance of Michael P. Ols by James C. Shah (Shah, James) Modified on 10/7/2021 to adjust docket text (Currie, Haley). |
| Filing 90 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 9/30/2021 by video conference. Court adopts the schedule outlined in D. 87 pages 5-6. Status Conference set for 4/4/2022 02:15 PM in Remote Proceeding : Boston before Judge Denise J. Casper. 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. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Patrick Sheehan and James Shah for the plaintiffs. Lindsay Chopin and Stacey Cerrone for the defendants.) (Hourihan, Lisa) |
| Filing 89 CERTIFICATION pursuant to Local Rule 16.1 (Defendants). (Cerrone, Stacey) |
| Filing 88 CERTIFICATION pursuant to Local Rule 16.1 (Plaintiffs'). (Sheehan, Patrick) |
| Filing 87 JOINT STATEMENT re scheduling conference Local Rule 16.1 Joint Scheduling Statement. (Sheehan, Patrick) |
| Filing 86 ANSWER to #22 Amended Complaint by Biogen 401(K) Savings Plan Committee, Biogen Inc., Board of Directors of Biogen, Inc..(Hoffman, Douglas) |
| Filing 85 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #84 Motion for Extension of Time to Answer re #22 Amended Complaint Biogen Inc. answer due 9/2/2021; Board of Directors of Biogen, Inc. answer due 9/2/2021; The Retirement Committee answer due 9/2/2021. (Hourihan, Lisa) |
| Filing 84 Assented to MOTION for Extension of Time to 9/2/2021 to File Answer by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee.(Hoffman, Douglas) |
| Filing 83 Judge Denise J. Casper: Standing Order Regarding Appearance of Counsel Via Telephone or Videoconference(Hourihan, Lisa) |
| Filing 82 Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Hourihan, Lisa) |
| Filing 81 NOTICE of Scheduling ConferenceThis 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. Scheduling Conference set for 9/30/2021 03:00 PM in Remote Proceeding : Boston before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 80 Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court DENIES in part and ALLOWS in part Defendants' motion to dismiss. The motion to dismiss is denied as to Plaintiffs' breach of fiduciary duty insofar as it alleges breach of the duty of prudence (Count I) and duty to monitor (Count II), D. 28, but is allowed as to the breach of fiduciary duty claim insofar as it alleges breach of the duty of loyalty (Count I). The Court DENIES Defendants' motion to dismiss as to Plaintiffs' alternative liability for knowing breach of trust claim (Count III) without prejudice. (Hourihan, Lisa) |
| Filing 79 Assented to MOTION for Leave to File Plaintiffs' Assented-To Motion for Leave to File Response to Defendants' Notice of Supplemental Authority by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson. (Attachments: #1 Exhibit 1)(Sheehan, Patrick) |
| Filing 78 Assented to MOTION for Leave to File Notice of Supplemental Authority by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee. (Attachments: #1 Ex. A - Proposed Notice of Supplemental Authority, #2 Ex. 1 - Hughes v. Northwestern Univ.)(Hoffman, Douglas) |
| Filing 77 Assented to MOTION for Leave to File Notice of Supplemental Authority by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee. (Attachments: #1 Ex. 1 - Proposed Notice of Supplemental Authority, #2 Ex. A - Genentech II)(Hoffman, Douglas) |
| Filing 76 Assented to MOTION for Leave to File Notice of Supplemental Authority and Response to Defendants' Notice of Supplemental Authorities by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson. (Attachments: #1 Exhibit 1 - Notice of Supplemental Authority, #2 Exhibit A to Notice of Supplemental Authority)(Sheehan, Patrick) |
| Filing 75 Assented to MOTION for Leave to File Notice of Supplemental Authority by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee. (Attachments: #1 Ex. A - Proposed Notice of Supplemental Authority, #2 Ex. 1 - Brown v. Daikin Am., Inc., #3 Ex. 2 - Stark v. KeyCorp)(Hoffman, Douglas) |
| Filing 74 Response by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee to #71 Notice of Supplemental Authorities, . (Hoffman, Douglas) |
| Filing 73 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #72 Motion for Leave to File Response to Plaintiffs' Notice of Supplemental Authority 71 by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) |
| Filing 72 Assented to MOTION for Leave to File Response to Plaintiffs' Notice of Supplemental Authority #71 by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee. (Attachments: #1 Ex. A - Proposed Response to Plaintiffs' Notice of Supplemental Authority)(Hoffman, Douglas) |
| Filing 71 Notice of Supplemental Authorities re #69 Assented to MOTION for Leave to File Plaintiffs' Assented-To Motion for Leave to File Notice of Supplemental Authorities Plaintiffs' Notice of Supplemental Authorities (Attachments: #1 Exhibit A, #2 Exhibit B)(Sheehan, Patrick) |
| Filing 70 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #69 Motion for Leave to File Plaintiffs' Notice of Supplemental Authorities by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) |
| Filing 69 Assented to MOTION for Leave to File Plaintiffs' Assented-To Motion for Leave to File Notice of Supplemental Authorities by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson. (Attachments: #1 Exhibit Notice of Supplemental Authorities, #2 Exhibit Ex A to Notice of Supplemental Authorities, #3 Exhibit Ex B to Notice of Supplemental Authorities)(Sheehan, Patrick) |
| Filing 68 Response by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson to #65 Notice of Supplemental Authorities Plaintiffs' Response to Defendants' Notice of Supplemental Authority. (Sheehan, Patrick) |
| Filing 67 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #66 Motion for Leave to File Response to Defendants' Notice of Supplemental Authority by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) |
| Filing 66 Assented to MOTION for Leave to File Plaintiffs' Assented-To Motion for Leave to File Response to Defendants' Notice of Supplemental Authority by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson. (Attachments: #1 Exhibit A)(Sheehan, Patrick) |
| Filing 65 Notice of Supplemental Authorities re #28 MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint (Attachments: #1 Ex. 1 - Kendall v. Pharm. Prod. Dev., LLC)(Hoffman, Douglas) |
| Filing 64 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #63 Motion for Leave to File Defendants' Notice of Supplemental Authority by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) |
| Filing 63 Assented to MOTION for Leave to File Defendants' Notice of Supplemental Authority by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee. (Attachments: #1 Proposed Notice of Supplemental Authority, #2 Ex. 1 to Proposed Notice of Supplemental Authority)(Hoffman, Douglas) |
| Filing 62 Response by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee to #59 Notice of Supplemental Authorities, . (Hoffman, Douglas) |
| Filing 61 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #60 Motion for Leave to File Response to Plaintiffs' Notice of Supplemental Authority by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) |
| Filing 60 Assented to MOTION for Leave to File Response to Plaintiffs' Notice of Supplemental Authority by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee. (Attachments: #1 Ex. A - Proposed Response to Plaintiffs' Notice of Supplemental Authority)(Hoffman, Douglas) |
| Filing 59 Notice of Supplemental Authorities re #57 Assented to MOTION for Leave to File Plaintiffs' Assented-To Motion for Leave to File Notice of Supplemental Authorities (Attachments: #1 Exhibit A, #2 Exhibit B)(Sheehan, Patrick) |
| Filing 58 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #57 Motion for Leave to File Notice of Supplemental Authorities by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) |
| Filing 57 Assented to MOTION for Leave to File Plaintiffs' Assented-To Motion for Leave to File Notice of Supplemental Authorities by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson. (Attachments: #1 Exhibit Notice of Supplemental Authorities, #2 Exhibit A, #3 Exhibit B)(Sheehan, Patrick) |
| Filing 54 NOTICE of Change of Address or Firm Name by Kolin C. Tang (Tang, Kolin) |
| Filing 53 NOTICE of Change of Address or Firm Name by Michael P. Ols (Ols, Michael) |
| Filing 52 NOTICE of Change of Address or Firm Name by James C. Shah (Shah, James) |
| Filing 51 NOTICE of Change of Address or Firm Name by Laurie Rubinow (Rubinow, Laurie) |
| Filing 56 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/caseinfo/transcripts.htm (Coppola, Katelyn) |
| Filing 55 Transcript of Motion Hearing via Videoconference held on February 11, 2021, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com. Redaction Request due 4/1/2021. Redacted Transcript Deadline set for 4/12/2021. Release of Transcript Restriction set for 6/9/2021. (Coppola, Katelyn) |
| Filing 50 Response by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson to #49 Notice of Supplemental Authorities Plaintiffs' Response to Defendants' Notice of Supplemental Authority. (Sheehan, Patrick) |
| Filing 49 Notice of Supplemental Authorities re #28 MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint (Attachments: #1 Ex. A, #2 Ex. B)(Hoffman, Douglas) |
| Filing 48 Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 2/11/2021 re #28 MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint filed by Board of Directors of Biogen, Inc., Biogen 401(K) Savings Plan Committee, Biogen Inc. by videoconference. Arguments. Court takes under advisement #28 Motion to Dismiss. Defendant to file supplemental notice, not to exceed 5 pages, by 2/18/21. Plaintiffs may respond, not to exceed 5 pages, by 2/25/21. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Alec Berin, Stacey Cerrone, Lindsey Chopin, James Miller, Patrick Sheehan and Gabrielle Kelerchian.) (Hourihan, Lisa) |
| Filing 47 Notice of Supplemental Authorities re #28 MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint /Response to Plaintiffs' Notice of Supplemental Authorities #39 (Hoffman, Douglas) |
| Filing 46 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #45 Motion for Leave to File Response to Plaintiffs' Notice of Supplemental Authority 39 by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) |
| Filing 45 Assented to MOTION for Leave to File Response to Plaintiffs' Notice of Supplemental Authority #39 by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee. (Attachments: #1 Ex. 1 - Proposed Response to Notice of Supplemental Authority)(Hoffman, Douglas) |
| Filing 44 Notice of Supplemental Authorities re #28 MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint (Attachments: #1 Ex. A)(Hoffman, Douglas) |
| Filing 43 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #42 Motion for Leave to File Notice of Supplemental Authority by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) |
| Filing 42 Assented to MOTION for Leave to File Notice of Supplemental Authority by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee. (Attachments: #1 Ex. 1 - Proposed Notice of Supplemental Authority, #2 Ex. A)(Hoffman, Douglas) |
| Filing 41 NOTICE of Appearance by Steven J. Brooks on behalf of David Covington (Brooks, Steven) |
| Filing 40 NOTICE of Withdrawal of Appearance by Kimberly M. Saillant (Saillant, Kimberly) |
| Filing 39 Notice of Supplemental Authorities re #28 MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint (Attachments: #1 Exhibit A - MedStar Decision)(Sheehan, Patrick) |
| Filing 38 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #37 Motion for Leave to File Notice of Supplemental Authority by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa) |
| Filing 37 Assented to MOTION for Leave to File Notice of Supplemental Authority by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson. (Attachments: #1 Exhibit A - Notice of Supplemental Authority, #2 Exhibit 1 - MedStar Decision)(Sheehan, Patrick) |
| Filing 36 REPLY to Response to #28 MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint filed by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee. (Attachments: #1 Ex. A - Order on Motion to Dismiss, Silva v. Evonik Corp.)(Hoffman, Douglas) |
| Filing 35 Judge Denise J. Casper: Standing Order Regarding Appearance of Counsel Via Telephone or Videoconference(Hourihan, Lisa) |
| Filing 34 ELECTRONIC NOTICE Setting Hearing on Motion #28 MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint : 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. Motion Hearing set for 2/11/2021 11:00 AM in Remote Proceeding : Boston before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 33 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #31 Motion for Leave to File Excess Pages by no more than ten pages (Hourihan, Lisa) |
| Filing 32 MEMORANDUM in Opposition re #28 MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint filed by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson. (Attachments: #1 Affidavit Declaration in Support of Plaintiffs' Memorandum of Law In Opposition to Motion to Dismiss, #2 Exhibit Ex A to Declaration, #3 Exhibit Ex B to Declaration, #4 Exhibit Ex C to Declaration, #5 Exhibit Ex D to Declaration, #6 Exhibit Ex E to Declaration, #7 Exhibit Ex F to Declaration, #8 Exhibit Ex G to Declaration)(Sheehan, Patrick) |
| Filing 31 Assented to MOTION for Leave to File Excess Pages Assented-To Motion for Leave to Exceed Page Limit by David Covington, Sarah Gamble, Daisy Santiago, Tansy Wilkerson.(Gyandoh, Mark) |
| Filing 30 DECLARATION re #28 MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint by Biogen 401(K) Savings Plan Committee, Biogen Inc., Board of Directors of Biogen, Inc.. (Attachments: #1 Ex. 1, #2 Ex. 2, #3 Ex. 3, #4 Ex. 4, #5 Ex. 5, #6 Ex. 6, #7 Ex. 7, #8 Ex. 8, #9 Ex. 9, #10 Ex. 10, #11 Ex. 11, #12 Ex. 12, #13 Ex. 13, #14 Ex. 14, #15 Ex. 15, #16 Ex. 16, #17 Ex. 17, #18 Ex. 18, #19 Ex. 19, #20 Ex. 20, #21 Ex. 21, #22 Ex. 22, #23 Ex. 23, #24 Ex. 24, #25 Ex. 25)(Hoffman, Douglas) |
| Filing 29 MEMORANDUM in Support re #28 MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint filed by Biogen 401(K) Savings Plan Committee, Biogen Inc., Board of Directors of Biogen, Inc.. (Hoffman, Douglas) |
| Filing 28 MOTION to Dismiss Plaintiffs' Consolidated Class Action Complaint by Biogen 401(K) Savings Plan Committee, Biogen Inc., Board of Directors of Biogen, Inc..(Hoffman, Douglas) |
| Filing 27 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #25 Motion for Leave to File Memorandum in Support of Defendants' Motion to Dismiss Plaintiff's Class Action Complaint that exceeds the 20-page limit by no more than ten 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. (Hourihan, Lisa) |
| Filing 26 CORPORATE DISCLOSURE STATEMENT by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee. (Hoffman, Douglas) |
| Filing 25 Assented to MOTION for Leave to File Excess Pages by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee.(Hoffman, Douglas) |
| Filing 24 Judge Denise J. Casper: ORDER entered re (21 in 1:20-cv-11325-DJC) Stipulation and Proposed Order Regarding Appointment of Lead Plaintiffs and Co-Lead Counsel by David Covington, Daisy Santiago, Tansy Wilkerson. The Covington Plaintiffs and Gamble Plaintiff are appointed to serve as Lead Plaintiffs for the putative class. Capozzi Adler P.C. and Shepherd Finkelman Miller & Shah LLP are appointed to serve as Co-Lead Counsel for the putative class. Associated Cases: 1:20-cv-11325-DJC, 1:20-cv-11625-DJC(Hourihan, Lisa) |
| Filing 23 Judge Denise J. Casper: ORDER entered re #20 Stipulation and Proposed Order Regarding Consolidation of Related Cases, and Schedule for Consolidated Amended Complaint and Defendants' Response to Consolidated Amended Complaint. APPROVED. The Consolidated Action shall bear the Master File No. 1:20-cv-11325-DJC. Any document filed in the Master File No. 1:20-cv-11325-DJC shall be deemed to have been filed in all of the Actions.Plaintiffs shall file a Consolidated Amended Complaint on or before September 25, 2020. Defendants shall answer, move, or otherwise respond to the Consolidated Amended Complaint on or before November 18, 2020. Plaintiffs shall oppose any motion to dismiss filed by Defendants on or before December 18, 2020. Defendants shall reply to Lead Plaintiffs' opposition to any motion to dismiss on or before January 14, 2021.(Hourihan, Lisa) |
| Filing 22 AMENDED COMPLAINT Consolidated Class Action Complaint against All Defendants, filed by David Covington, Daisy Santiago, Tansy Wilkerson, Sarah Gamble.(Sheehan, Patrick) |
| Filing 21 STIPULATION and Proposed Order Regarding Appointment of Lead Plaintiffs and Co-Lead Counsel by David Covington, Daisy Santiago, Tansy Wilkerson. (Sheehan, Patrick) |
| Filing 20 STIPULATION and Proposed Order Regarding Consolidation of Related Cases, and Schedule for Consolidated Amended Complaint and Defendants' Response to Consolidated Amended Complaint by David Covington, Daisy Santiago, Tansy Wilkerson. (Sheehan, Patrick) |
| Filing 19 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #16 Motion for Leave to Appear Pro Hac Vice Added Lindsey H. Chopin. 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. (Currie, Haley) |
| Filing 18 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #15 Motion for Leave to Appear Pro Hac Vice Added Stacey C.S. Cerrone. 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. (Currie, Haley) |
| Filing 17 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #14 Motion for Leave to Appear Pro Hac Vice Added Howard Shapiro. 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. (Currie, Haley) |
| Filing 16 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Lindsey H. Chopin Filing fee: $ 100, receipt number 0101-8401013 by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee. (Attachments: #1 Affidavit of Lindsey Chopin)(Hoffman, Douglas) |
| Filing 15 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Stacey C.S. Cerrone Filing fee: $ 100, receipt number 0101-8401011 by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee. (Attachments: #1 Affidavit of Stacey Cerrone)(Hoffman, Douglas) |
| Filing 14 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Howard Shapiro Filing fee: $ 100, receipt number 0101-8401002 by Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee. (Attachments: #1 Affidavit of Howard Shapiro)(Hoffman, Douglas) |
| Filing 13 NOTICE of Appearance by Douglas J. Hoffman on behalf of Biogen Inc., Board of Directors of Biogen, Inc., The Retirement Committee (Hoffman, Douglas) |
| Filing 12 WAIVER OF SERVICE Returned Executed by David Covington, Daisy Santiago, Tansy Wilkerson. The Retirement Committee waiver sent on 7/30/2020, answer due 9/28/2020. (Gyandoh, Mark) |
| Filing 11 WAIVER OF SERVICE Returned Executed by David Covington, Daisy Santiago, Tansy Wilkerson. Board of Directors of Biogen, Inc. waiver sent on 7/30/2020, answer due 9/28/2020. (Gyandoh, Mark) |
| Filing 10 WAIVER OF SERVICE Returned Executed by David Covington, Daisy Santiago, Tansy Wilkerson. Biogen Inc. waiver sent on 7/30/2020, answer due 9/28/2020. (Gyandoh, Mark) |
| Filing 9 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #3 Motion for Leave to Appear Pro Hac Vice Added Mark K. Gyandoh. 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. (Currie, Haley) |
| Filing 8 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #2 Motion for Leave to Appear Pro Hac Vice Added Donald R. Reavey. 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. (Currie, Haley) |
| Filing 7 ELECTRONIC NOTICE of Reassignment. Judge Denise J. Casper added. Judge George A. OToole, Jr no longer assigned to case. (Danieli, Chris) |
| Filing 6 Judge George A. OToole, Jr: ELECTRONIC ORDER entered. Pursuant to 28 USC sec. 455(b)(4), I recuse myself from participation in this matter and direct the Clerk forthwith to reassign the case randomly to another District Judge.(Lyness, Paul) |
| Filing 5 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. (Coppola, Katelyn) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge George A. OToole, Jr 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. (Finn, Mary) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice for admission of Mark K. Gyandoh Filing fee: $ 100, receipt number 0101-8327956 by David Covington, Daisy Santiago, Tansy Wilkerson. (Attachments: #1 Declaration, #2 Certificate of Good Standing)(Saillant, Kimberly) |
| Filing 2 MOTION for Leave to Appear Pro Hac Vice for admission of Donald R. Reavey Filing fee: $ 100, receipt number 0101-8327943 by David Covington, Daisy Santiago, Tansy Wilkerson. (Attachments: #1 Declaration, #2 Certificate of Good Standing)(Saillant, Kimberly) (Attachment 1 replaced on 7/21/2020 due to incorrect filing) (Currie, Haley). |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-8327909 (Fee Status: Filing Fee paid), filed by David Covington, Daisy Santiago, Tansy Wilkerson. (Attachments: #1 Civil Cover Sheet, #2 Category Sheet)(Saillant, Kimberly) |
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