Abbvie Inc. et al v. Fitch
| Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., AbbVie Products LLC and Pharmacyclics LLC |
| Lynn Fitch |
| 1:2024cv00184 |
| June 18, 2024 |
| US District Court for the Southern District of Mississippi |
| Halil S Ozerden |
| Bradley W Rath |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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This docket was last retrieved on August 5, 2024. A more recent docket listing may be available from PACER.
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ELECTRONIC RECORD ON APPEAL ACCEPTED: The Court of Appeals has accepted the Electronic Record on Appeal and it is available for attorney access and download at #http://http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf using credentials provided to you by the Clerk of that Court. COUNSEL MUST HAVE AN APPEARANCE FORM ON FILE. If you have not filed it and/or have just filed it, please allow 3-5 days for processing. Requirements: Java 1.7, Adobe Acrobat Reader 11, turn off pop up blockers or add CM/ECF filing system to approved pop up settings. (RLW)
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Filing 31
TRANSCRIPT REQUEST by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC for proceedings held on 7/12/2024 before Judge Halil S. Ozerden. (Owen - PHV, Matthew) (Main Document 31 replaced on 7/30/2024) (JCH).
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DOCKET ANNOTATION as to # 31. Any PDF fillable on-line forms once completed should be electronically converted to PDF by printing to the PDF printer. Save the file with an appropriate name in a folder. E-file the electronically converted PDF form, not the form which was filled in and saved. This document was saved incorrectly. Clerk's Office has saved the document correctly and replaced the incorrectly saved document. (JCH)
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Certified and Transmitted Record on Appeal to US Court of Appeals re #29 Notice of Appeal. Once the record has been accepted, a separate docket entry will be made notifying parties that they may then access the record via Fifth Circuit website. (RLW)
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Filing 30
Appeal Remark re #29 Notice of Appeal : Letter from USCA to attorney RE: USCA # 24-60375 and instructions. (JCH)
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USCA Case Number 24-60375 for #29 Notice of Appeal, filed by AbbVie Products LLC, Allergan Sales, LLC, Aptalis Pharma US, Inc., Allergan, Inc., Abbvie Inc., Durata Therapeutics, Inc., Pharmacyclics LLC. (JCH)
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DOCKET ANNOTATION as to # 29. Appeal record deadline should not be set by attorney. Clerk's office has terminated the deadline. (JCH)
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***Appeal Record Deadline terminated. (JCH)
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Filing 29
NOTICE OF APPEAL as to #28 Order on Motion for Preliminary Injunction by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC. Filing fee $ 605, receipt number AMSSDC-5457182. Appeal Record due by 8/6/2024 (Owen - PHV, Matthew)
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Filing 28
MEMORANDUM OPINION and ORDER Denying Motion #8 for Preliminary Injunction. Signed by District Judge Halil S. Ozerden on July 22, 2024. (BC)
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Filing 27
NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF MOTION HEARING held on 7/12/2024 before Judge Halil S. Ozerden. Court Reporter/Transcriber Kati Vogt, Telephone Number : 228-563-1780, E-mail : Kati_Vogt@mssd.uscourts.gov. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/12/2024. Redacted Transcript Deadline set for 8/22/2024. Release of Transcript Restriction set for 10/21/2024. (KV)
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Minute Entry for proceedings before District Judge Halil S. Ozerden: Hearing on Motion #8 for Preliminary Injunction filed by Abbvie Inc.; Allergan Inc.; Durata Therapeutics, Inc.; AbbVie Products, LLC, Aptalis Pharma US, Inc.; Pharmacyclics LLC, and Allergan Sales, LLC held on 7/12/2024. The Court heard argument from the parties and will take the matter under advisement. APPEARANCES: Matthew Scott Owen, PHV, Meredith M. Pohl, PHV, Conley K. Hurst, PHV, and William L. Smith, counsel for Plaintiffs; and Rex M. Shannon, III, and John Price Sneed, counsel for Defendant Lynn Fitch. (Court Reporter K. Vogt (228) 563-1780, kati_vogt@mssd.uscourts.gov). (ALS)
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Filing 26
ANSWER to #1 Complaint, by Lynn Fitch.(Shannon, III-State Gov, Rex)
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Filing 25
MEMORANDUM IN SUPPORT re #24 Reply to Response to Motion,, #8 MOTION for Preliminary Injunction filed by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Owen - PHV, Matthew)
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Filing 24
REPLY to Response to Motion re #8 MOTION for Preliminary Injunction filed by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Exhibit 9, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 13, #12 Exhibit 14, #13 Exhibit 15, #14 Exhibit 16, #15 Exhibit 17, #16 Exhibit 18, #17 Exhibit 19, #18 Exhibit 20, #19 Exhibit 21, #20 Exhibit 22, #21 Exhibit 23)(Owen - PHV, Matthew)
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Minute Entry for proceedings before District Judge Halil S. Ozerden: Telephone Conference held on 7/10/2024 regarding Hearing on Motion #8 for Preliminary Injunction scheduled for 7/12/2024. APPEARANCES: William Smith, Matthew Scott Owen, PHV, and Meredith M. Pohl, PHV counsel for Plaintiffs; and Rex Shannon, III, and John Sneed, counsel for Defendant Lynn Fitch. (ALS)
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DOCKET ANNOTATION as to # 24. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (JCH)
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Set Hearing: Telephone Conference set for 7/10/2024 at 11:00 AM before District Judge Halil S. Ozerden. Chambers has e-mailed counsel the Call-in number. (ALS)
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Filing 23
MEMORANDUM IN SUPPORT re #22 Response in Opposition to Motion,, #8 MOTION for Preliminary Injunction filed by Lynn Fitch (Shannon, III-State Gov, Rex)
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Filing 22
RESPONSE in Opposition re #8 MOTION for Preliminary Injunction filed by Lynn Fitch (Attachments: #1 Exhibit A - 2024 Miss. H.B. 728, #2 Exhibit B - H.B. 728 Legislative History Profile, #3 Exhibit C - AbbVie, Inc. 2023 Annual Report and Form 10-K (excerpts), #4 Exhibit D - Declaration of Kelsey Raymer, PharmD, MHA, #5 Exhibit E - Declaration of Kent Nicaud, #6 Exhibit F - Declaration of Terrence Shirley, #7 Exhibit G - Declaration of Trenton DeLand Lott, Pharm.D., A.C.E.)(Shannon, III-State Gov, Rex)
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Filing 21
Corporate Disclosure Statement by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Smith, William)
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Filing 20
ORDER Setting Hearing on #8 MOTION for Preliminary Injunction and Briefing Schedule. Motion hearing set for 7/12/2024 at 10:00 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. Signed by District Judge Halil S. Ozerden on June 21, 2024. (ENW)
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DOCKET ANNOTATION as to # 18 and # 19. All attorney's are advised that a Notice of Appearance should not be filed by a pro hac attorney. Clerk's Office is responsible for adding attorney's when all necessary fees have been paid and an Order has been entered. DOCKET ANNOTATION as to # 18. "All Plaintiffs" should not be selected as a filer, each individual that is a filer to the document should be selected by holding down the control key. "All Plaintiffs" and "All Defendants" should only be used if a case has a voluminous amount of parties, this case only has 7 Plaintiffs. Both of these documents will be disregarded on the docket and SHOULD NOT be re-filed. Clerk's Office has already added attorney's on ECF. (JCH)
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Minute Entry for proceedings before District Judge Halil S. Ozerden: Telephonic Status Conference held on 6/21/2024 to schedule a hearing on Motion #8 for Preliminary Injunction by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC. The Court will set a hearing on July 12, 2024, at 10:00 a.m. PARTICIPANTS: William L. Smith, Matthew G. Warren, Matthew Scott Owen, PHV, and Meredith M. Pohl, PHV, counsel for Plaintiffs; and Rex M. Shannon, III, and John Price Sneed, counsel for Defendant Lynn Fitch. (ALS)
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Notice of Hearing on Motion #8 for Preliminary Injunction: Motion Hearing set for 7/12/2024 at 10:00 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. (ALS)
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Filing 19
**DISREGARD**NOTICE of Appearance by Meredith M. Pohl - PHV on behalf of AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Pohl - PHV, Meredith) Modified on 6/21/2024 (JCH).
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Filing 18
**DISREGARD**NOTICE of Appearance by Matthew Scott Owen - PHV on behalf of All Plaintiffs (Owen - PHV, Matthew) Modified on 6/21/2024 (JCH).
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Filing 17
NOTICE of Appearance by John Price Sneed-State Gov on behalf of Lynn Fitch (Sneed-State Gov, John)
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Filing 16
NOTICE of Appearance by Rex M. Shannon, III-State Gov on behalf of Lynn Fitch (Shannon, III-State Gov, Rex)
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Filing 15
SUMMONS Returned Executed by Pharmacyclics LLC, Allergan, Inc., AbbVie Products LLC, Aptalis Pharma US, Inc., Abbvie Inc., Allergan Sales, LLC, Durata Therapeutics, Inc.. Lynn Fitch served on 6/20/2024, answer due 7/11/2024. (Warren, Matthew)
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Filing 14
MOTION for Meredith Pohl to Appear Pro Hac Vice by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Attachments: #1 Attachment Certificates of Good Standing)(Smith, William)
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Filing 13
MOTION for Matthew S. Owen to Appear Pro Hac Vice by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Attachments: #1 Attachment Certificates of Good Standing, #2 Appendix Appendix of Admissions)(Smith, William)
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Filing 12
MOTION for Conley K. Hurst to Appear Pro Hac Vice by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Attachments: #1 Attachment Certificates of Good Standing)(Smith, William)
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Filing 11
NOTICE of Appearance by Kye C. Handy on behalf of AbbVie Products LLC, Abbvie Inc., Allegan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., and Pharmacyclics LLC (Handy, Kye) Modified to add filers on 6/20/2024 (JCH).
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Filing 10
NOTICE of Appearance by Matthew G. Warren on behalf of AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., and Pharmacyclics LLC (Warren, Matthew) Modified to change filer to each individual plaintiff, instead of "all plaintiffs" on 6/20/2024 (JCH).
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DOCKET ANNOTATION as to # 3. Attorney is advised that the plaintiffs represented should be listed in the body of this document and each plaintiff represented selected as the filer. This document will be disregarded on the docket. (JCH)
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DOCKET ANNOTATION as to # 15. Attorney is advised that based on the date listed on page 2 of this pleading, the date of service is 6/20/24, which should have been listed on the summons return page 1. Also, when filing a summons return, the original summons issued that was emailed to attorney and stamped "return" should be the return filed on ECF, not the copy of the summons issued and previously docketed on ECF as document # 7. The document does not need to re-filed, but this procedure should be followed in the future. (JCH)
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DOCKET ANNOTATION as to # 2. Attorney is advised that the plaintiffs represented should be listed in the body of this document and "all plaintiffs" should not be selected as a filer, but each individual plaintiff should be selected, by holding down the control key. This document will be disregarded on the docket. (JCH)
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DOCKET ANNOTATION as to # 4 - # 6. Attorney is advised that all clients should be typed in on Section B on the client line. Only 1 client name was included on these applications. Attorney should re-file these Applications with all clients included in the client section. These motions will be terminated and disregarded on the docket. The filing fee should not be paid again. (JCH)
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DOCKET ANNOTATION as to # 11. This docket entry fails to select all filing parties. Clerks office will edit this docket entry to include all appropriate filing parties. Attorney is directed to select all filing parties in future filings. (JCH)
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TEXT ONLY ORDER setting a telephone conference for June 21, 2024, at 10:00 AM before U.S. District Judge Halil S. Ozerden. The Court will supply counsel with the call-in number via e-mail prior to the conference. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on June 20, 2024. (BC)
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Set Deadlines/Hearings: Telephone Conference set for 6/21/2024 10:00 AM before District Judge Halil S. Ozerden. (BC)
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TEXT ONLY ORDER granting #12 Motion to Appear Pro Hac Vice; granting #13 Motion to Appear Pro Hac Vice; granting #14 Motion to Appear Pro Hac Vice. That Attorneys Conley K. Hurst, Matthew S. Owen, and Meredith Pohl be admitted pro hac vice in this case on behalf of Plaintiffs AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/20/2024 (AB)
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Filing 9
MEMORANDUM in Support re #8 MOTION for Preliminary Injunction filed by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Smith, William)
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Filing 8
MOTION for Preliminary Injunction by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Attachments: #1 Exhibit 1 - Scheidler Declaration, #2 Exhibit 2 - Pedley Declaration)(Smith, William)
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Filing 7
Summons Issued as to Lynn Fitch. (RLW)
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Filing 6
**DISREGARD** MOTION for Meredith Pohl to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5432295) by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Attachments: #1 Attachment Certificates of Good Standing - DC and VA)(Smith, William) Modified on 6/20/2024 (JCH).
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Filing 5
**DISREGARD** MOTION for Matthew S. Owen to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5432280) by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Attachments: #1 Attachment Certificates of Good Standing - NY and DC, #2 Appendix Admission Appendix)(Smith, William) Modified on 6/20/2024 (JCH).
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Filing 4
**DISREGARD** MOTION for Conley K. Hurst to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5432267) by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Attachments: #1 Attachment Good Standing Certificates - AR and DC)(Smith, William) Modified on 6/20/2024 (JCH).
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Filing 3
**DISREGARD**NOTICE of Appearance by Kye C. Handy on behalf of AbbVie Products LLC, Abbvie Inc. (Handy, Kye) Modified on 6/20/2024 (JCH).
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Filing 2
**DISREGARDED**NOTICE of Appearance by Matthew G. Warren on behalf of All Plaintiffs (Warren, Matthew) Modified on 6/20/2024 (JCH).
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Filing 1
COMPLAINT against Lynn Fitch (Filing fee $405.00, receipt number 5431630), filed by Pharmacyclics LLC, Allergan, Inc., AbbVie Products LLC, Aptalis Pharma US, Inc., Abbvie Inc., Allergan Sales, LLC, Durata Therapeutics, Inc. (Attachments: #1 Civil Cover Sheet) (RLW)
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Remark: Original issued summonses for service and return were emailed to attorney. (RLW)
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