BRISTOL MYERS SQUIBB COMPANY v. BECERRA et al
Plaintiff: BRISTOL MYERS SQUIBB COMPANY
Defendant: XAVIER BECERRA IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, CHIQUITA BROOKS-LASURE, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES, CENTERS FOR MEDICARE & MEDICAID SERVICES and XAVIER BECERRA
Case Number: 3:2023cv03335
Filed: June 16, 2023
Court: US District Court for the District of New Jersey
Presiding Judge: J Brendan Day
Referring Judge: Zahid N Quraishi
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 2201 Declaratory Judgment
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2023 Opinion or Order Filing 35 ORDER that the herein schedule shall govern further proceedings in this case. It is ORDERED that the parties need not file statements of material fact under Local Civil Rule 56.1(a) and it is further ORDERED that Defendants need not file an answer to the Complaints. Signed by Judge Zahid N. Quraishi on 7/31/2023. (mlh)
July 31, 2023 Opinion or Order Pro Hac Vice counsel, TONI-ANN CITERA, NOEL J. FRANCISCO, RAJEEV MUTTREJA, CHARLES E.T. ROBERTS, JACOB M. ROTH and BRETT A. SHUMATE, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (mlh)
July 28, 2023 Opinion or Order Filing 34 Letter from Defendants in response to Plaintiff's letter of July 21 and regarding the parties' joint proposed schedule re #26 Letter. (Attachments: #1 Text of Proposed Order)(PEZZI, STEPHEN)
July 28, 2023 Opinion or Order Filing 33 Notice of Request by Pro Hac Vice Brett A. Shumate to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14489485.) (GREENBAUM, JEFFREY)
July 28, 2023 Opinion or Order Filing 32 Notice of Request by Pro Hac Vice Jacob (Yaakov) M. Roth to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14489475.) (GREENBAUM, JEFFREY)
July 28, 2023 Opinion or Order Filing 31 Notice of Request by Pro Hac Vice Charles E.T. Roberts to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14489434.) (GREENBAUM, JEFFREY)
July 28, 2023 Opinion or Order Filing 30 Notice of Request by Pro Hac Vice Rajeev Muttreja to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14489403.) (GREENBAUM, JEFFREY)
July 28, 2023 Opinion or Order Filing 29 Notice of Request by Pro Hac Vice Noel J. Francisco to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14489348.) (GREENBAUM, JEFFREY)
July 28, 2023 Opinion or Order Filing 28 Notice of Request by Pro Hac Vice Toni-Ann Citera to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-14489285.) (GREENBAUM, JEFFREY)
July 26, 2023 Opinion or Order Filing 27 ORDER granting #22 Motion for Leave to Appear Pro Hac Vice as to Toni-Ann Citera, Rajeev Muttreja, Noel J. Francisco, Jacob M. Roth, Brett A. Shumate, and Charles E.T. Roberts. Signed by Magistrate Judge J. Brendan Day on 7/26/2023. (jdg)
July 21, 2023 Opinion or Order Filing 26 Letter from Jeffrey J. Greenbaum to Judge Quraishi regarding case schedule and service of summary judgment motion. (GREENBAUM, JEFFREY)
July 21, 2023 Opinion or Order Filing 25 TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Zahid N. Quraishi for all further proceedings. Judge Robert Kirsch no longer assigned to case. So Ordered by Chief Judge Renee Marie Bumb on 7/21/2023. (jjc, )
July 20, 2023 Opinion or Order Filing 24 NOTICE of Appearance by CHRISTINE L. COOGLE on behalf of All Defendants (COOGLE, CHRISTINE)
July 20, 2023 Opinion or Order Filing 23 NOTICE of Appearance by ALEXANDER V SVERDLOV on behalf of All Defendants (SVERDLOV, ALEXANDER)
July 17, 2023 Opinion or Order Set Deadlines as to #22 MOTION for Leave to Appear Pro Hac Vice . Motion set for 8/7/2023 before Magistrate Judge J. Brendan Day. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (mlh)
July 14, 2023 Opinion or Order Filing 22 MOTION for Leave to Appear Pro Hac Vice by BRISTOL MYERS SQUIBB COMPANY. (Attachments: #1 Declaration of Jeffrey J. Greenbaum, #2 Declaration of Toni-Ann Citera, #3 Declaration of Rajeev Muttreja, #4 Declaration of Noel J. Francisco, #5 Declaration of Jacob M. Roth, #6 Declaration of Brett A. Shumate, #7 Declaration of Charles E.T. Roberts, #8 Text of Proposed Order, #9 Certificate of Service)(GREENBAUM, JEFFREY)
July 12, 2023 Opinion or Order Filing 21 NOTICE by All Defendants of Designation of Agent for Service Under Local Civil Rule 101.1(f) (PEZZI, STEPHEN)
July 12, 2023 Opinion or Order Filing 20 NOTICE of Appearance by STEPHEN MICHAEL PEZZI on behalf of All Defendants (PEZZI, STEPHEN)
July 12, 2023 Opinion or Order Filing 19 AFFIDAVIT of Service for Summons and Complaint served on Civil Process Clerk, U.S. Attorney's Office, District of New Jersey on 06/21/2023, via Certified Mail, Return Receipt Requested., filed by BRISTOL MYERS SQUIBB COMPANY. (LIEB, KATHERINE)
July 12, 2023 Opinion or Order Filing 18 AFFIDAVIT of Service for Summons and Complaint served on Merrick B. Garland, United States Attorney General on 06/21/2023, via Certified Mail, Return Receipt Requested., filed by BRISTOL MYERS SQUIBB COMPANY. (LIEB, KATHERINE)
July 12, 2023 Opinion or Order Filing 17 AFFIDAVIT of Service for Summons and Complaint served on United States Department Health & Human Services on 06/21/2023, via Certified Mail, Return Receipt Requested., filed by BRISTOL MYERS SQUIBB COMPANY. (LIEB, KATHERINE)
July 12, 2023 Opinion or Order Filing 16 AFFIDAVIT of Service for Summons and Complaint served on Centers For Medicare & Medicaid Services on 06/21/2023 via Certified Mail, Return Receipt Requested, filed by BRISTOL MYERS SQUIBB COMPANY. (LIEB, KATHERINE)
July 12, 2023 Opinion or Order Filing 15 AFFIDAVIT of Service for Summons and Complaint served on Chiquita Brooks-LaSure, Administrator of Centers for Medicare & Medicaid Services on 06/21/2023 via Certified Mail, Return Receipt Requested, filed by BRISTOL MYERS SQUIBB COMPANY. (LIEB, KATHERINE)
July 12, 2023 Opinion or Order Filing 14 AFFIDAVIT of Service for Summons and Complaint served on Xavier Becerra, U.S. Secretary of Health & Human Services on 06/21/2023 via Certified Mail, Return Receipt Requested., filed by BRISTOL MYERS SQUIBB COMPANY. (LIEB, KATHERINE)
July 12, 2023 Opinion or Order Filing 13 STIPULATION and PROPOSED ORDER re: IRA Briefing Schedule by BRISTOL MYERS SQUIBB COMPANY. (GREENBAUM, JEFFREY)
July 7, 2023 Opinion or Order Filing 12 NOTICE of Appearance by KATHERINE MARGUERITE LIEB on behalf of BRISTOL MYERS SQUIBB COMPANY (LIEB, KATHERINE)
July 7, 2023 Opinion or Order Filing 11 NOTICE of Appearance by JEFFREY J. GREENBAUM on behalf of BRISTOL MYERS SQUIBB COMPANY (GREENBAUM, JEFFREY)
June 20, 2023 Opinion or Order Filing 10 SUMMONS ISSUED as to XAVIER BECERRA, CHIQUITA BROOKS-LASURE, CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jdg)
June 20, 2023 Opinion or Order Judge Robert Kirsch and Magistrate Judge J. Brendan Day added. (jdg)
June 16, 2023 Opinion or Order Filing 9 Corporate Disclosure Statement by BRISTOL MYERS SQUIBB COMPANY identifying None as Corporate Parent.. (DEL MEDICO, JENNIFER)
June 16, 2023 Opinion or Order Filing 8 NOTICE of Appearance by JENNIFER LYNN DEL MEDICO on behalf of BRISTOL MYERS SQUIBB COMPANY (DEL MEDICO, JENNIFER)
June 16, 2023 Opinion or Order Filing 7 Request for Summons to be Issued by BRISTOL MYERS SQUIBB COMPANY as to XAVIER BECERRA IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, CHIQUITA BROOKS-LASURE, CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (DEL MEDICO, JENNIFER)
June 16, 2023 Opinion or Order Filing 6 Request for Summons to be Issued by BRISTOL MYERS SQUIBB COMPANY as to XAVIER BECERRA IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, CHIQUITA BROOKS-LASURE, CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (DEL MEDICO, JENNIFER)
June 16, 2023 Opinion or Order Filing 5 Request for Summons to be Issued by BRISTOL MYERS SQUIBB COMPANY as to CENTERS FOR MEDICARE & MEDICAID SERVICES. (DEL MEDICO, JENNIFER)
June 16, 2023 Opinion or Order Filing 4 Request for Summons to be Issued by BRISTOL MYERS SQUIBB COMPANY as to U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES. (DEL MEDICO, JENNIFER)
June 16, 2023 Opinion or Order Filing 3 Request for Summons to be Issued by BRISTOL MYERS SQUIBB COMPANY as to CHIQUITA BROOKS-LASURE. (DEL MEDICO, JENNIFER)
June 16, 2023 Opinion or Order Filing 2 Request for Summons to be Issued by BRISTOL MYERS SQUIBB COMPANY as to XAVIER BECERRA IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (DEL MEDICO, JENNIFER)
June 16, 2023 Opinion or Order Filing 1 COMPLAINT against XAVIER BECERRA IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, CHIQUITA BROOKS-LASURE, CENTERS FOR MEDICARE & MEDICAID SERVICES, U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES ( Filing and Admin fee $ 402 receipt number ANJDC-14396672), filed by BRISTOL MYERS SQUIBB COMPANY. (Attachments: #1 Civil Cover Sheet, #2 Certification Rule 11.2 Certification)(DEL MEDICO, JENNIFER)

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Plaintiff: BRISTOL MYERS SQUIBB COMPANY
Represented By: JENNIFER LYNN DEL MEDICO
Represented By: JEFFREY J. GREENBAUM
Represented By: KATHERINE MARGUERITE LIEB
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Defendant: XAVIER BECERRA IN HIS OFFICIAL CAPACITY AS SECRETARY OF THE UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
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Defendant: CHIQUITA BROOKS-LASURE
Represented By: STEPHEN MICHAEL PEZZI
Represented By: ALEXANDER V SVERDLOV
Represented By: CHRISTINE L. COOGLE
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Defendant: U.S. DEPARTMENT OF HEALTH & HUMAN SERVICES
Represented By: STEPHEN MICHAEL PEZZI
Represented By: ALEXANDER V SVERDLOV
Represented By: CHRISTINE L. COOGLE
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Defendant: CENTERS FOR MEDICARE & MEDICAID SERVICES
Represented By: STEPHEN MICHAEL PEZZI
Represented By: ALEXANDER V SVERDLOV
Represented By: CHRISTINE L. COOGLE
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Defendant: XAVIER BECERRA
Represented By: ALEXANDER V SVERDLOV
Represented By: CHRISTINE L. COOGLE
Represented By: STEPHEN MICHAEL PEZZI
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