In Re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation
| Allergan, Inc., 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, HEB Grocery Company L.P., International Union of Operating Engineers Local 501 Security Trust Fund, Plumbers & Pipefitters Local 178 Health & Welfare Trust Fund, KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated, Walgreen Co., Allied Services Division Welfare Fund, Rochester Drug Cooperative, Inc, Philadelphia Federation of Teachers Health and Welfare Fund, Direct Purchaser Class Plaintiffs, Albertsons Companies, Inc., End-Payor Plaintiffs, Ironworkers Local 383 Health Care Plan, United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, Ahold U.S.A. Inc., FWK Holdings, LLC, The Kroger Co., Self Insured Schools of California, St. Paul Electrical Workers' Health Plan, Rite Aid Hdqtrs. Corp., Louisiana Health Service and Indemnity Company, CVS Pharmacy, Inc., Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund, Rite AID Corp., Sergeants Benevolent Association Health & Welfare Fund, HMO Louisiana, Inc, Meijer, Inc., Meijer Distribution, Inc., MAO-MSO Recovery II, LLC, Series PMPI, MSPA Claims 1, LLC, MSP Recovery Claims, Series LLC, All Plaintiffs and Louisiana Health Service and Indemnity Company on behalf of itself and all others similarly situated doing business as Blue Cross Blue Shield Of Louisiana |
| Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation |
| Akorn Inc. |
| In Re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation |
| Mylan Pharmaceuticals, Inc. and Teva Pharmaceuticals USA, Inc. |
| 1:2018md02819 |
| January 31, 2018 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Lois Bloom |
| Nina Gershon |
| Anti-Trust |
| 15 U.S.C. § 2 Antitrust Litigation |
| Plaintiff |
Docket Report
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Filing 770
ORDER dated 7/31/23 re: End-Payor Plaintiffs move to authorize distribution of the net settlement fund. Although the motion is unopposed, I have carefully reviewed plaintiffs' submissions and am satisfied that their various requests are well-supported and soimd. Their motion is therefore GRANTED in its entirety. (Ordered by Judge Nina Gershon on 7/31/23 ) *all open cases on this MDL will be closed. Associated Cases: 1:18-md-02819-NG-LB et al. (RG)
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| Civil Case Terminated. Associated Cases: 1:18-md-02819-NG-LB et al.(RG) |
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ORDER in case 1:17-cv-06684-NG-LB; granting (769) Motion for Leave to Electronically File Document under Seal in case 1:18-md-02819-NG-LB Ordered by Judge Nina Gershon on 6/9/2023. Associated Cases: 1:18-md-02819-NG-LB et al. (VJ)
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| Filing 769 MOTION for Leave to Electronically File Document under Seal Portions of Exhibits 1-18 to the Motion to Authorize the Distribution of the Net Settlement Fund by End-Payor Plaintiffs. (Attachments: #1 Exhibit 1 - Claim ID 145371522 (Under Seal), #2 Exhibit 2 - Claim ID 145371931 (Under Seal), #3 Exhibit 3 - Claim ID 145371674 (Under Seal), #4 Exhibit 4 - Claim ID 145371675 (Under Seal), #5 Exhibit 5 - Claim ID 145371672 (Under Seal), #6 Exhibit 6 - Claim ID 145371670 (Under Seal), #7 Exhibit 7 - Claim ID 145402369 (Under Seal), #8 Exhibit 8 - Claim ID 145402373 (Under Seal), #9 Exhibit 9 - Claim ID 145340819 (Under Seal), #10 Exhibit 10 - Claim ID 145324588 (Under Seal), #11 Exhibit 11 - Claim ID 145323914 (Under Seal), #12 Exhibit 12 - Claim ID 145321333 (Under Seal), #13 Exhibit 13 - Claim ID 145321330 (Under Seal), #14 Exhibit 14 - Claim ID 145321328 (Under Seal), #15 Exhibit 15 - Claim ID 145406823 (Under Seal), #16 Exhibit 16 - Claim ID 145321840 (Under Seal), #17 Exhibit 17 - Claim ID 145321487 (Under Seal), #18 Exhibit 18 - Claim ID 145321486 (Under Seal)) (Grzenczyk, Scott) |
| Filing 768 MOTION for Disbursement of Funds by End-Payor Plaintiffs. (Attachments: #1 Memorandum in Support, #2 Declaration of Scott Grzenczyk, #3 Exhibit 1 - Claim ID 145371522 (Redacted), #4 Exhibit 2 - Claim ID 145371931 (Redacted), #5 Exhibit 3 - Claim ID 145371674 (Redacted), #6 Exhibit 4 - Claim ID 145371675 (Redacted), #7 Exhibit 5 - Claim ID 145371672 (Redacted), #8 Exhibit 6 - Claim ID 145371670 (Redacted), #9 Exhibit 7 - Claim ID 145402369 (Redacted), #10 Exhibit 8 - Claim ID 145402373 (Redacted), #11 Exhibit 9 - Claim ID 145340819 (Redacted), #12 Exhibit 10 - Claim ID 145324588 (Redacted), #13 Exhibit 11 - Claim ID 145323914 (Redacted), #14 Exhibit 12 - Claim ID 145321333 (Redacted), #15 Exhibit 13 - Claim ID 145321330 (Redacted), #16 Exhibit 14 - Claim ID 145321328 (Redacted), #17 Exhibit 15 - Claim ID 145406823 (Redacted), #18 Exhibit 16 - Claim ID 145321840 (Redacted), #19 Exhibit 17 - Claim ID 145321487 (Redacted), #20 Exhibit 18 - Claim ID 145321486 (Redacted), #21 Exhibit 19 - Eligible Consumers Claimants, #22 Exhibit 20 - Eligible TPP Claimants, #23 Proposed Order) (Grzenczyk, Scott) |
| Filing 767 Letter to Judge Gershon regarding Motion to Authorize Distribution of the Net Settlement Fund by End-Payor Plaintiffs (Grzenczyk, Scott) |
| Filing 766 Letter to Judge Gershon regarding Status of Claims Administration by End-Payor Plaintiffs (Grzenczyk, Scott) |
| Filing 765 Letter to Judge Gershon regarding Motion to Authorize the Distribution of the Net Settlement Fund by End-Payor Plaintiffs (Grzenczyk, Scott) |
| Filing 764 Letter to Judge Gershon regarding Status of Claims Administration by End-Payor Plaintiffs (Rudolph, David) |
| Filing 763 Letter to Judge Gershon regarding Status of Claims Administration by End-Payor Plaintiffs (Grzenczyk, Scott) |
| Filing 762 Letter to Judge Gershon regarding Status of Claims Administration by End-Payor Plaintiffs (Rudolph, David) |
| Filing 761 Letter to Judge Gershon regarding Status of the Claims Administration by End-Payor Plaintiffs (Grzenczyk, Scott) |
| Filing 760 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 02/09/23, before Judge GERSHON. Court Reporter/Transcriber RIVKA TEICH, Telephone number 7186132268. Email address: RIVKATEICH@GMAIL.COM. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/4/2023. Redacted Transcript Deadline set for 4/14/2023. Release of Transcript Restriction set for 6/12/2023. (Teich, Rivka) |
| Filing 759 Letter to Judge Gershon regarding Status of the Claims Administration by End-Payor Plaintiffs (Grzenczyk, Scott) |
| Filing 758 Letter to Judge Gershon regarding Status of the Claims Administration by End-Payor Plaintiffs (Grzenczyk, Scott) |
| Minute Entry for proceedings held before Judge Nina Gershon: The court held a conference on the status of claims administration on 2/9/2023. Case called. Counsel for Plaintiffs, Joseph R. Saveri, Dena Sharp, Scott Grzenczyk, and Robert Schachter, in attendance. Counsel for Defendants, Eric Stock and Matthew Parrott, also in attendance. Counsel will provide notice to the court as to the existence of any claims disputes for court resolution prior to moving for distribution of funds. (Court Reporter Rivka Teich.) Associated Cases: 1:18-md-02819-NG-LB et al. (VJ) |
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Filing 757
ORDER re #756 JOINT STIPULATION ALLOWING SETTLEMENT PAYMENT TO MSP; subject to the Court's approval, that the Set Aside Order shall not prohibit Allergan from making the full Supplemental Payment to MS, without the need to withhold 12.5%. ( Ordered by Judge Nina Gershon on 2/7/2023 ) (RG)
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| Filing 756 STIPULATION / JOINT STIPULATION ALLOWING SETTLEMENT PAYMENT TO MSP by Allergan, Inc. (Stock, Eric) |
| Set/Reset Hearings: In light of Class Counsel's recent letters, the Court will hold a virtual conference on Thursday, February 9th at 2:30 p.m. to discuss the current status of ongoing claims disputes. Parties involved in the case will receive a Zoom link by email. The public and interested parties may dial (646) 828 7666, enter the meeting ID number 161 722 6240 follow by the pass code 375319 to listen in on the conference. Associated Cases: 1:18-md-02819-NG-LB et al.(Vic Joe) |
| Filing 755 Letter to Judge Gershon regarding Status of Claims Administration by End-Payor Plaintiffs (Grzenczyk, Scott) |
| Filing 754 Letter to Judge Gershon regarding Status of Claims Administration by End-Payor Plaintiffs (Rudolph, David) |
| Filing 753 Letter to Judge Gershon regarding Status of Claims Administration by End-Payor Plaintiffs (Saveri, Joseph) |
| Filing 752 Letter Judge Gershon regarding Status of Claims Administration by End-Payor Plaintiffs (Rudolph, David) |
| Filing 751 Letter to Judge Gershon regarding Status of Claims Administration by End-Payor Plaintiffs (Rudolph, David) |
| Filing 750 Letter to Judge Gershon regarding Status of Claims Administration by End-Payor Plaintiffs (Rudolph, David) |
| Filing 749 Letter to Judge Gershon regarding Status of Claims Administration by End-Payor Plaintiffs (Rudolph, David) |
| Filing 748 Letter to Judge Gershon regarding Status of Claims Administration by End-Payor Plaintiffs (Rudolph, David) |
| Filing 747 Letter to Judge Gershon regarding Status of Claims Administration by End-Payor Plaintiffs (Rudolph, David) |
| Filing 746 Letter to Judge Gershon regarding Status of Claims Administration by End-Payor Plaintiffs (Rudolph, David) |
| Filing 745 Letter to Judge Gershon regarding Status of Claims Administration by End-Payor Plaintiffs (Rudolph, David) |
| Filing 744 STATUS REPORT Regarding Claims Administration by End-Payor Plaintiffs (Saveri, Joseph) |
| Filing 743 JUDGMENT (applies to all end-payor plaintiff class cases) that Plaintiffs' final approval motion is granted; that their motion for reimbursement of counsel's expenses and award of attorneys' fees and service awards is also granted to the extent that I approve the following payments for distribution from the settlement fund: (1) reimbursement of class counsel's expenses in the amount of $4,635,684; (2) an attorneys' fee award of $10,000,000; and (3) service awards of $18,000 to each of the named class representatives, for a total of $198,000. (SEE JUDGMENT) Signed Brenna B. Mahoney, Clerk of Court on 8/4/2022. (Lee, Tiffeny) |
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Filing 742
ORDER re: #511 End-Payor Plaintiff Class Counsel's Motion for Entry of a Set- Aside Order and any oppositions, the Court hereby grants the motion and orders as follows. ( Ordered by Judge Nina Gershon on 8/3/2022 ) (Guzzi, Roseann)
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Filing 741
OPINION AND ORDER dated 8/2/22 re: #726 Motion for Settlement; granting #727 Motion for Attorney Fees. There being no just reason for delay, the Court directs that this Opinion and Order and judgment be final and appealable. The Court finds that no order under Fed. R. Civ. P. 54(b) is necessary, but that, if such an order were necessary, the requirements of Rule 54(b) are satisfied.The Clerk of Court is directed to enter judgment in accordance with this Opinion and Order. ( Ordered by Judge Nina Gershon on 8/2/2022 ) (Guzzi, Roseann)
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| Filing 740 Letter re Service Awards by All Plaintiffs (Fastiff, Eric) |
| Filing 739 Letter to Judge Gershon regarding Status of Claims Administration by End-Payor Plaintiffs (Grzenczyk, Scott) |
| Filing 738 TRANSCRIPT of Proceedings held on July 6, 2022, before Judge Gershon. Court Reporter/Transcriber ARIA SERVICES, INC. Email address: aria@leinen.net. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/11/2022. Redacted Transcript Deadline set for 8/21/2022. Release of Transcript Restriction set for 10/19/2022. (Hong, Loan) |
| Filing 737 Letter re Revised Proposed Final Approval Order by End-Payor Plaintiffs (Fastiff, Eric) |
| Filing 736 RESPONSE to Motion re #726 MOTION for Settlement Final Approval of Settlement Revised Proposed Order filed by End-Payor Plaintiffs. (Fastiff, Eric) |
| Minute Entry for proceedings held before Judge Nina Gershon: Case called. Counsel for End-Payor Plaintiffs and defendant in attendance. Eric J. Miller of A.B. Data also in attendance. The court held a Fairness Hearing regarding the EPP class action settlement. EPPs shall submit a revised proposed Final Approval Order by July 19, 2022.(Court Reporter Victoria Bulter-Torres.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 735 Letter re Settlement Website by End-Payor Plaintiffs (Fastiff, Eric) |
| Minute Entry for proceedings held before Judge Nina Gershon: Case called. Counsel for End-Payor Plaintiffs and defendant in attendance. Eric J. Miller of A.B. Data also in attendance. Virtual conference regarding restasislitigation.com held. (Court Reporter Michele Lucchese.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 734 DECLARATION of Eric J. Miller Regarding Settlement Website by End-Payor Plaintiffs (Fastiff, Eric) |
| Filing 733 Letter re Settlement Website by End-Payor Plaintiffs (Fastiff, Eric) |
| Minute Entry for proceedings held before Judge Nina Gershon: Case called. Counsel for End-Payor Plaintiffs and defendant in attendance. Virtual conference regarding restasislitigation.com held. Plaintiffs shall submit a letter sharing information from A.B. Data by end of business on July 7, 2022. Additional virtual conference scheduled for July 8, 2022 at 11 a.m. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Set/Reset Hearings: Video Conference set for 7/8/2022 at 11:00 AM in Video before Judge Nina Gershon. Parties involved will receive a Zoom link by email. Interested parties may dial the following number to listen in on the hearing (551) 285-1373. Enter the meeting ID number 161 018 9847 and pass code 821730 when prompt. (Joe, Victor) |
| NOTICE of Hearing: The Court will hold a Final Approval Hearing on July 12, 2022, at 2:00 p.m. Eastern Time. The Court will hold the FinalApproval Hearing virtually, not in person. Information about how to access the virtual hearing will be posted at www.RestasisLitigation.com when it becomes available. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 732 REPLY in Support re #727 MOTION for Attorney Fees , Expenses, and Service Awards, #726 MOTION for Settlement Final Approval of Settlement filed by End-Payor Plaintiffs. (Fastiff, Eric) |
| Filing 731 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 9, 2021, before Judge Gershon. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/8/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/15/2022. (Heading, Charleane) |
| Filing 730 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on December 10, 2021, before Judge Gershon. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/8/2022. Redacted Transcript Deadline set for 7/18/2022. Release of Transcript Restriction set for 9/15/2022. (Heading, Charleane) |
| Filing 729 DECLARATION re #728 Declaration, Compendium of End-Payor Class Counsel Declarations by End-Payor Plaintiffs (Attachments: #1 Exhibit 1 - Declaration of Lieff, Cabraser, Heimann, and Bernstein LLP, #2 Exhibit 2 - Declaration of Girard Sharp LLP, #3 Exhibit 3 - Declaration of Joseph R. Saveri, LLP, #4 Exhibit 4 - Declaration of Zwerling, Schachter & Zwerling, LLP, #5 Exhibit 5 - Cafferty Clobes Meriether & Sprengel, #6 Exhibit 6 - Edelson & Associates, LLC, #7 Exhibit 7 - Grant & Eisenhofer P.A., #8 Exhibit 8 - Gustafson Gluek PLLC, #9 Exhibit 9 - Heins Mills & Olson P.L.C., #10 Exhibit 10 - Hilliard & Shadowen LLP, #11 Exhibit 11 - Kroub, Silbersher & Kolmykov, PLLC, #12 Exhibit 12 - Miller Shah LLP, #13 Exhibit 13 - Safirstein Metcalf LLP, #14 Exhibit 14 - Wexler Boley & Elgersma LLP) (Sharp, Dena) |
| Filing 728 DECLARATION re #727 MOTION for Attorney Fees , Expenses, and Service Awards, #726 MOTION for Settlement Final Approval of Settlement Declaration of Co-Lead Counsel by End-Payor Plaintiffs (Attachments: #1 Exhibit 1 - Declaration of Eric J. Miller) (Sharp, Dena) |
| Filing 727 MOTION for Attorney Fees , Expenses, and Service Awards by End-Payor Plaintiffs. (Attachments: #1 Memorandum in Support of Motion for Attorneys' Fees, Expenses, and Service Awards, #2 Proposed Order) (Sharp, Dena) |
| Filing 726 MOTION for Settlement Final Approval of Settlement by End-Payor Plaintiffs. (Attachments: #1 Memorandum in Support of Motion for Final Approval of Settlement, #2 Proposed Order) (Sharp, Dena) |
| Filing 725 DECLARATION of Eric J. Miller Regarding Dissemination of Notice by End-Payor Plaintiffs (Rudolph, David) |
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ORDER in case 1:17-cv-06684-NG-LB; granting (724) Motion to Withdraw as Attorney. Attorney Bennett Rawicki terminated in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 3/31/2022. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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| Filing 724 MOTION to Withdraw as Attorney by Allergan, Inc.. (Rawicki, Bennett) |
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ORDER in case 1:17-cv-06684-NG-LB; granting (723) Motion to Withdraw as Attorney. Attorney Adam Gitlin terminated in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 2/28/2022. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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| Filing 723 MOTION to Withdraw as Attorney by End-Payor Plaintiffs. (Gitlin, Adam) |
| Filing 722 NOTICE dated 2/14/2022 re: to provide notice to all parties of certain recent corrections to the settlement website (www.restasislitigation.com). Upon review of the website, three inconsistencies were noticed. Associated Cases: 1:18-md-02819-NG-LB et al. (Guzzi, Roseann) |
| Filing 721 Letter re Settlement Website by End-Payor Plaintiffs (Fastiff, Eric) |
| Filing 720 NOTICE by Allergan, Inc. - NOTICE OF COMPLIANCE WITH 28 U.S.C. 1715 (Stock, Eric) |
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ORDER in case 1:18-cv-00041-NG-LB; granting (719) Motion to Withdraw as Attorney. Attorney Deborah A. Elman terminated in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 2/1/2022. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00041-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 719 MOTION to Withdraw as Attorney Deborah A. Elman by St. Paul Electrical Workers' Health Plan. (Attachments: #1 Proposed Order) (Eisler, Robert) |
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Filing 718
SCHEDULING ORDER dated 1/20/22 in connection with the approved notice and claims plan and End-Payor Plaintiffs' further filings relating to seeking final approval of the Settlement. (Ordered by Judge Nina Gershon on 1/20/2022 ) Associated Cases: 1:18-md-02819-NG-LB et al. (Guzzi, Roseann)
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| Filing 717 Letter re Proposed Scheduling Order by End-Payor Plaintiffs (Attachments: #1 Exhibit 1 - Proposed Order) (Gitlin, Adam) |
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Filing 716
ORDER re: #708 Motion for Settlement; Preliminary Approval of Settlement, Preliminary Approval of Plan of Allocation, and Approval of Notice and Claims Plan by End-Payor Plaintiffs. ( Ordered by Judge Nina Gershon on 1/18/2022 ) (Guzzi, Roseann) Associated Cases: 1:18-md-02819-NG-LB et al. (Guzzi, Roseann) Modified on 1/21/2022 (Guzzi, Roseann).
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ORDER in case 1:17-cv-06684-NG-LB; granting #714 STIPULATION of Dismissal / JOINT STIPULATION AND ORDER OF DISMISSAL. Ordered by Judge Nina Gershon on 12/28/2021. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor)
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| Filing 715 Letter re End-Payor Plaintiffs' Unopposed Motion for Preliminary Approval #708 by End-Payor Plaintiffs (Attachments: #1 Exhibit 1 Revised Long-Form Notice, #2 Exhibit 2 Revised Short-Form Notice, #3 Exhibit 3 Revised Third-Party Payor Postcard Notice, #4 Exhibit 4 Revised Consumer Claim Form, #5 Exhibit 5 Revised Third-Party Payor Claim Form, #6 Exhibit 6 Revised Plan of Allocation, #7 Exhibit 7 - Redlines of Exhibits 1 through 6) (Gitlin, Adam) |
| Filing 714 STIPULATION of Dismissal / JOINT STIPULATION AND [PROPOSED] ORDER OF DISMISSAL by Allergan, Inc. (Stock, Eric) Modified on 12/29/2021 (Joe, Victor). |
| Case called. Counsel for End-Payor Plaintiffs and defendant in attendance. Conference held on End-Payor Plaintiffs' Unopposed Motion for Preliminary Approval of Settlement, Preliminary Approval of Plan of Allocation, and Approval of Notice and Claims Plan #708 re (708 in 1:18-md-02819-NG-LB). By December 24, 2021, plaintiffs shall submit revised documents. (Court Reporter Charleane Heading.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Set/Reset Hearings: Video Conference set for 12/10/2021 at 2:00 PM before Judge Nina Gershon. Parties involved in the case have received a ZoomGov link. Interested parties may listen in on the conference by dialing (888) 684-8852. When prompted enter the access code 4324656#. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 713 Letter re End-Payor Plaintiffs Unopposed Motion for Preliminary Approval #708 by End-Payor Plaintiffs (Attachments: #1 Revised Long-Form Notice, #2 Revised Short-Form Notice, #3 Revised Third-Party Payor Postcard Notice, #4 Revised Consumer Claim Form, #5 Revised Third-Party Payor Claim Form, #6 Revised Plan of Allocation, #7 Revised Proposed Preliminary Approval Order, #8 Redlines of Exhibits 1 through 7 Against October 8 Versions) (Gitlin, Adam) |
| Minute Entry for proceedings held before Judge Nina Gershon. Case called. Counsel for End-Payor Plaintiffs and defendant in attendance. Conference held on End-Payor Plaintiffs' Unopposed Motion for Preliminary Approval of Settlement, Preliminary Approval of Plan of Allocation, and Approval of Notice and Claims Plan #708 . By November 23, 2021, plaintiffs shall submit revised documents as well as a letter addressing the issues identified at the conference. (Court Reporter Charleane Heading.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 712 DECLARATION re #708 MOTION for Settlement / Preliminary Approval of Settlement, Preliminary Approval of Plan of Allocation, and Approval of Notice and Claims Plan by End-Payor Plaintiffs (Attachments: #1 Exhibit 1 - Settlement Fund Escrow Agreement) (Gitlin, Adam) |
| Set/Reset Hearings: Virtual hearing on EPPs' Motion for Preliminary Approval of the Settlement scheduled for 11/9/2021 at 2:00 PM before Judge Nina Gershon. Parties involved in the hearing have received an invitation by email. The public may listen in on the hearing by dialing (888)684-8852. When prompt, enter access code 4324656#. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 711 SETTLEMENT AGREEMENT by End-Payor Plaintiffs (Gitlin, Adam) |
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ORDER in case 1:17-cv-06684-NG-LB; granting (709) Motion to Seal in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 10/18/2021. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor)
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ORDER granting #710 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. Ordered by Judge Nina Gershon on 10/18/2021. (Stephens-Davidowitz, Lauren)
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| Filing 710 MOTION for Leave to Electronically File Document under Seal CORRECTION OF DOCKET #709 by End-Payor Plaintiffs. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Proposed Order) (Gitlin, Adam) |
| Filing 709 MOTION to Seal by End-Payor Plaintiffs. (Attachments: #1 Proposed Order) (Gitlin, Adam) |
| Filing 708 MOTION for Settlement / Preliminary Approval of Settlement, Preliminary Approval of Plan of Allocation, and Approval of Notice and Claims Plan by End-Payor Plaintiffs. (Attachments: #1 Memorandum of Law in Support of Preliminary Approval, #2 Declaration of Adam Gitlin, #3 Declaration of Linda Young, #4 Declaration of Richard Frank, #5 Proposed Order) (Gitlin, Adam) |
| Filing 707 Letter to the Honorable Nina Gershon re: Settlement Update by Allergan, Inc. (Stock, Eric) |
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ORDER granting (706) Motion to Withdraw as Attorney. Attorney Shannon A Shelton terminated in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 9/28/2021. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 706 MOTION to Withdraw as Attorney by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Shelton, Shannon) |
| Filing 705 Letter to Court Regarding Status by End-Payor Plaintiffs (Fastiff, Eric) |
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Filing 704
STIPULATION AND ORDER DISMISSING with prejudice. Plaintiffs Albertsons Companies, Inc., CVS Phannacy, Inc., HEB Grocery Company L.P., The Kroger Co., Rite Aid Corporation, Rite Aid Hdqtrs. Corporation and Walgreen Co. and Defendant Allergan, Inc., pursuant to the terms of a Confidential Settlement Agreement and Fed. R. Civ. P. 41(a)(l)(A)(ii), hereby stipulate to the dismissal of these actions with prejudice, with each party to bear its own costs and attorney's fees. ( Ordered by Judge Nina Gershon on 9/14/2021 ) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-02907-NG-LB, 1:18-cv-04419-NG-LB, 1:18-cv-04566-NG-LB (Guzzi, Roseann)
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STATUS REPORT ORDER re (703 in 1:18-md-02819-NG-LB) Letter filed by Allergan, Inc. The parties in the MSP Action shall provide an update on the status of the settlement by October 1, 2021. Ordered by Judge Nina Gershon on 9/2/2021. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 703 Letter to Judge Nina Gershon from Eric J. Stock re settlement update by Allergan, Inc. (Stock, Eric) |
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STATUS REPORT ORDER re (702 in 1:18-md-02819-NG-LB) Letter filed by Allergan, Inc. The parties in the MSP Action shall provide an update on the status of the settlement by September 1, 2021. Ordered by Judge Nina Gershon on 8/3/2021. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 702 Letter to Judge Nina Gershon from Eric J. Stock re settlement update by Allergan, Inc. (Stock, Eric) |
| Filing 701 NOTICE of Change of Firm Affiliation and Address Once the filing has been made, you must login to www.pacer.gov and update your account. (Drachler, Dan) |
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ORDER granting (700) Motion to Withdraw as Attorney. Attorney Kyle Quackenbush terminated in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 7/2/2021. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00968-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 700 MOTION to Withdraw as Attorney Kyle P. Quackenbush by Self Insured Schools of California. (Attachments: #1 Proposed Order) (Saveri, Joseph) |
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STATUS REPORT ORDER re (699 in 1:18-md-02819-NG-LB) Letter filed by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. The parties in the MSP Action shall provide an update on the status of the settlement by August 2, 2021. Ordered by Judge Nina Gershon on 6/16/2021. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 699 Letter to Judge Nina Gershon re MSP Plaintiffs and Allergan Status Update by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC (Shelton, Shannon) |
| Filing 698 Letter re Case Website by End-Payor Plaintiffs (Gitlin, Adam) |
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ORDER re #697 Letter filed by End-Payor Plaintiffs. The court approves EPPs' proposed changes to the case website. The changes shall be implemented by June 14, 2021. Ordered by Judge Nina Gershon on 6/9/2021. (Stephens-Davidowitz, Lauren)
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| Filing 697 Letter re Case Website by End-Payor Plaintiffs (Gitlin, Adam) |
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ORDER granting (696) Motion to Withdraw as Attorney. Attorney Keydon Levy terminated in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 6/4/2021. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00968-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 696 MOTION to Withdraw as Attorney Keydon Levy by Self Insured Schools of California. (Attachments: #1 Proposed Order) (Saveri, Joseph) |
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ORDER re #695 Letter filed by End-Payor Plaintiffs. The court grants the parties' request to stay all case deadlines to allow them to draft a settlement agreement and for the EPPs to move for preliminary approval of the settlement. Ordered by Judge Nina Gershon on 6/2/2021. (Stephens-Davidowitz, Lauren)
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| Filing 695 Letter to Hon. Nina Gershon re case resolution by End-Payor Plaintiffs (Fastiff, Eric) |
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ORDER re #694 Letter filed by End-Payor Plaintiffs. The parties' request to defer all deadlines set out in the March 23 Order for an additional seven days is granted. Ordered by Judge Nina Gershon on 5/21/2021. (Stephens-Davidowitz, Lauren)
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| Filing 694 Letter to Court Regarding Status by End-Payor Plaintiffs (Gitlin, Adam) |
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ORDER re #693 Letter filed by End-Payor Plaintiffs. The parties' request to defer all deadlines set out in the March 23 Order for an additional seven days is granted. Ordered by Judge Nina Gershon on 5/14/2021. (Stephens-Davidowitz, Lauren)
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| Filing 693 Letter to Court Regarding Status by End-Payor Plaintiffs (Gitlin, Adam) |
| Filing 692 MOTION to Seal Document #679 MOTION in Limine - END PAYOR PLAINTIFFS' MOTION TO EXCLUDE TESTIMONY OF NANCY J. LINCK, Ph.D. [PUBLIC VERSION], #674 Memorandum in Opposition,,,, #681 MOTION in Limine - ALLERGAN, INC.'S MOTION TO EXCLUDE CERTAIN TESTIMONY BY PLAINTIFFS' PATENT EXPERTS [PUBLIC VERSION], #680 MOTION in Limine / END-PAYOR PLAINTIFFS NOTICE OF MOTION TO EXCLUDE TESTIMONY OF DR. RAHUL GUHA, #683 MOTION in Limine / NOTICE OF END-PAYOR PLAINTIFFS' MOTION TO EXCLUDE TESTIMONY OF DR. JONCA BULL AND DR. FRDRIC LALLEMAND [PUBLIC VERSION], #671 MOTION for Summary Judgment [PUBLIC VERSION], #687 Reply to Response to Motion,,, #678 Reply to Response to Motion,, #682 MOTION in Limine / ALLERGAN, INC.'S NOTICE OF MOTION TO EXCLUDE CERTAIN TESTIMONY OF ROGER L. WILLIAMS [PUBLIC VERSION], #673 MOTION in Limine - ALLERGAN, INC.'S MOTION TO EXCLUDE CERTAIN TESTIMONY OF TODD D. CLARK AND RICHARD G. FRANK [PUBLIC VERSION], #675 MOTION in Limine - ALLERGAN, INC.'S MOTION TO EXCLUDE CERTAIN TESTIMONY OF LAURA CRAFT [PUBLIC VERSION], #685 MOTION in Limine / END-PAYOR PLAINTIFFS' NOTICE OF MOTION TO EXCLUDE TESTIMONY OF KYRIAKOS (KEN) MANDADAKIS, O.D., JOHANNA CHOREMIS, M.D., AND HENRIQUE REIS, M.D., PURSUANT TO FEDERAL RULE OF EVIDENCE 702 AND DAUBERT, #688 Redacted Document,,,,,, #672 MOTION in Limine - ALLERGAN, INC.'S MOTION TO EXCLUDE CERTAIN TESTIMONY OF UWE CHRISTIANS AND DAVID A. KESSLER [PUBLIC VERSION], #684 MOTION in Limine / NOTICE OF END-PAYOR PLAINTIFFS' MOTION TO EXCLUDE TESTIMONY OF DR. KATHRYN MASSELAM HATCH [PUBLIC VERSION], #676 MOTION for Partial Summary Judgment / End Payor Plaintiffs' Motion for Partial Summary Judgment on Fraud on the Patent Office [PUBLIC VERSION], #686 MOTION in Limine / ALLERGAN, INC.'S NOTICE OF MOTION IN SUPPORT OF ITS CROSS MOTION TO EXCLUDE TESTIMONY OF KENNETH ROBERTS AND ANDREW CALMAN [PUBLIC VERSION], #677 Cross MOTION for Partial Summary Judgment on Fraud on the Patent Office by Allergan, Inc.. (Attachments: #1 Memorandum in Support Memorandum of Law in Support of Motion to Seal, #2 Declaration of Matthew C. Parrott in Support of Motion to Seal, #3 Declaration of David LeCause in Support of Motion to Seal, #4 Memorandum in Opposition End-Payor Plaintiffs' Response to Motion to Seal, #5 Memorandum in Support Reply Memorandum of Law in Support of Motion to Seal, #6 Appendix Appendix A) (Stock, Eric) |
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STATUS REPORT ORDER re (691 in 1:18-md-02819-NG-LB) Letter filed by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. The parties in the MSP Action shall provide an update on the status of the settlement by June 15, 2021. Ordered by Judge Nina Gershon on 4/30/2021. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 691 Letter to Judge Nina Gershon re MSP Plaintiffs and Allergan Status Update by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC (Turner, Tracy) |
| Filing 690 Letter MOTION for Extension of Time to File a Reply in Further Support of Allergan's Motion to Redact and Seal Certain Documents by Allergan, Inc.. (Stock, Eric) |
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ORDER granting #690 Motion for Extension of Time to File. On consent, the court grants defendant's request for a two-week extension of its deadline to file its Reply in Further Support of its Motion to Redact and Seal Certain Documents Related to the Parties' Motions for Summary Judgment, Motions to Exclude Certain Expert Testimony, and Joint Appendix of Expert Reports. Ordered by Judge Nina Gershon on 4/22/2021. (Stephens-Davidowitz, Lauren)
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| Filing 689 NOTICE by End-Payor Plaintiffs of Firm Name Change (Saveri, Joseph) |
| Filing 688 REDACTION to #617 1 - Sealed Document CV, Declaration / JOINT APPENDIX OF EXPERT REPORTS FOR SUMMARY JUDGMENT AND DAUBERT MOTIONS [PUBLIC VERSION] by Allergan, Inc. (Attachments: #1 Tab 1 - Addanki Report, #2 Tab 2 - Bloch Report, #3 Tab 3 - Bloch Rebuttal Report, #4 Tab 4 - Bull Report, #5 Tab 5 - Burlington Report, #6 Tab 6 - Calman Report, #7 Tab 7 - Calman Rebuttal Report, #8 Tab 8 - Choremis Report, #9 Tab 9 - Uwe Christians Report, #10 Tab 10 - Christians Rebuttal Report, #11 Tab 11 - Clark Report, #12 Tab 12 - Clark Rebuttal Report, #13 Tab 13 - Clark Merits Response Report, #14 Tab 14 - Craft Opening, #15 Tab 15 - Craft Rebuttal Report, #16 Tab 16 - Craft Rebuttal Report, #17 Tab 17 - Frank Report, #18 Tab 18 - Frank Rebuttal Report, #19 Tab 19 - Guhu Report (Payments), #20 Tab 20 - Guha Report, #21 Tab 21 - Hanes Report, #22 Tab 22 - Hanes Rebuttal Report, #23 Tab 23 - Hatch Report, #24 Tab 24 - Kessler Report, #25 Tab 25 - Kessler Rebuttal Report, #26 Tab 26 - Lallemand Report, #27 Tab 27 - Lee Report, #28 Tab 28 - Lentz, #29 Tab 29 - Lentz Rebuttal, #30 Tab 30 - Linck Report, #31 Tab 31 - Mandadakis Class Report, #32 Tab 32 - Mandadakis (Merit) Report, #33 Tab 33 - Mandada (Merits - Amended) Report, #34 Tab 34 - McGuire Report, #35 Tab 35 - McGuire Rebuttal Report, #36 Tab 36 - Noecker Report, #37 Tab 37 - North Report, #38 Tab 38 - Regan Report, #39 Tab 39 - Reis Report, #40 Tab 40 - Roberts Report, #41 Tab 41 - Williams Report, #42 Tab 42 - Williams Rebuttal) (Stock, Eric) |
| Filing 687 REPLY to Response to Motion re #685 MOTION in Limine / END-PAYOR PLAINTIFFS' NOTICE OF MOTION TO EXCLUDE TESTIMONY OF KYRIAKOS (KEN) MANDADAKIS, O.D., JOHANNA CHOREMIS, M.D., AND HENRIQUE REIS, M.D., PURSUANT TO FEDERAL RULE OF EVIDENCE 702 AND DAUBERT, #684 MOTION in Limine / NOTICE OF END-PAYOR PLAINTIFFS' MOTION TO EXCLUDE TESTIMONY OF DR. KATHRYN MASSELAM HATCH [PUBLIC VERSION], #686 MOTION in Limine / ALLERGAN, INC.'S NOTICE OF MOTION IN SUPPORT OF ITS CROSS MOTION TO EXCLUDE TESTIMONY OF KENNETH ROBERTS AND ANDREW CALMAN [PUBLIC VERSION] - Opposition and Reply Memoranda [PUBLIC VERSION] filed by Allergan, Inc.. (Attachments: #1 Reply Memorandum, #2 Reply Memorandum, #3 Reply Memorandum) (Stock, Eric) |
| Filing 686 MOTION in Limine / ALLERGAN, INC.'S NOTICE OF MOTION IN SUPPORT OF ITS CROSS MOTION TO EXCLUDE TESTIMONY OF KENNETH ROBERTS AND ANDREW CALMAN [PUBLIC VERSION] by Allergan, Inc.. (Attachments: #1 Memorandum of Law in Opposition to Plaintiffs' Motions and Support of Allergan's Cross-Motion, #2 Declaration with Exhibits, #3 Proposed Order) (Stock, Eric) |
| Filing 685 MOTION in Limine / END-PAYOR PLAINTIFFS' NOTICE OF MOTION TO EXCLUDE TESTIMONY OF KYRIAKOS (KEN) MANDADAKIS, O.D., JOHANNA CHOREMIS, M.D., AND HENRIQUE REIS, M.D., PURSUANT TO FEDERAL RULE OF EVIDENCE 702 AND DAUBERT by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration in Support with Exhibits) (Stock, Eric) |
| Filing 684 MOTION in Limine / NOTICE OF END-PAYOR PLAINTIFFS' MOTION TO EXCLUDE TESTIMONY OF DR. KATHRYN MASSELAM HATCH [PUBLIC VERSION] by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration in Support with Exhibits) (Stock, Eric) |
| Filing 683 MOTION in Limine / NOTICE OF END-PAYOR PLAINTIFFS' MOTION TO EXCLUDE TESTIMONY OF DR. JONCA BULL AND DR. FRDRIC LALLEMAND [PUBLIC VERSION] by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration in Support, #3 Exhibit 1 - 20, #4 Exhibit 21 - 33, #5 Exhibit 34 - 38, #6 Memorandum in Opposition, #7 Declaration in Opposition, #8 Exhibit A - E in Opposition, #9 Reply Memorandum in Support, #10 Declaration in Reply, #11 Exhibit 39) (Stock, Eric) |
| Filing 682 MOTION in Limine / ALLERGAN, INC.'S NOTICE OF MOTION TO EXCLUDE CERTAIN TESTIMONY OF ROGER L. WILLIAMS [PUBLIC VERSION] by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration in Support with Exhibits, #3 Proposed Order, #4 Memorandum in Opposition, #5 Declaration in Opposition with Exhibits, #6 Reply Memorandum of Law) (Stock, Eric) |
| Filing 681 MOTION in Limine - ALLERGAN, INC.'S MOTION TO EXCLUDE CERTAIN TESTIMONY BY PLAINTIFFS' PATENT EXPERTS [PUBLIC VERSION] by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration in Support with Exhibits A-C, #3 Proposed Order, #4 Memorandum in Opposition, #5 Reply Memorandum in Support) (Parrott, Matthew) |
| Filing 680 MOTION in Limine / END-PAYOR PLAINTIFFS NOTICE OF MOTION TO EXCLUDE TESTIMONY OF DR. RAHUL GUHA by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration in Support with Exhibits, #3 Memorandum in Opposition, #4 Declaration in Opposition with Exhibits, #5 Reply Memorandum of Law, #6 Declaration in Reply with Exhibits) (Stock, Eric) |
| Filing 679 MOTION in Limine - END PAYOR PLAINTIFFS' MOTION TO EXCLUDE TESTIMONY OF NANCY J. LINCK, Ph.D. [PUBLIC VERSION] by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Memorandum in Opposition, #3 Declaration in Opposition with Exhibits 1-5, #4 Reply Memorandum in Support) (Parrott, Matthew) |
| Filing 678 REPLY to Response to Motion re #676 MOTION for Partial Summary Judgment / End Payor Plaintiffs' Motion for Partial Summary Judgment on Fraud on the Patent Office [PUBLIC VERSION], #677 Cross MOTION for Partial Summary Judgment on Fraud on the Patent Office [PUBLIC VERSION] filed by Allergan, Inc.. (Attachments: #1 Response to Statement of Material Facts, #2 Declaration in Reply, #3 Allergans Reply Memorandum of Law, #4 Response to Statement of Material Facts) (Stock, Eric) |
| Filing 677 Cross MOTION for Partial Summary Judgment on Fraud on the Patent Office by Allergan, Inc.. (Attachments: #1 Memorandum in Opposition and in Support of Cross-Motion, #2 Rule 56.1 Statement, #3 Proposed Order, #4 Declaration in Support, #5 Exhibit 1 -13, #6 Exhibit 14 - 33, #7 Exhibit 34, Part 1, #8 Exhibit 34, Part 2, #9 Exhibit 35 - 40) (Stock, Eric) |
| Filing 676 MOTION for Partial Summary Judgment / End Payor Plaintiffs' Motion for Partial Summary Judgment on Fraud on the Patent Office [PUBLIC VERSION] by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Rule 56.1 Statement, #3 Declaration in Support, #4 Exhibit 1 - 13 in Support, #5 Exhibit 14, #6 Exhibit 15, #7 Exhibit 16, #8 Exhibit 17 - 25 in Support, #9 Exhibit 26 - 31 in Support, #10 Exhibit 32, Part 1, #11 Exhibit 32, Part 2, #12 Exhibit 33 - 49 in Support, #13 Exhibit 50, Part 1, #14 Exhibit 50, Part 2, #15 Exhibit 50, Part 3, #16 Exhibit 50, Part 4, #17 Exhibit 50, Part 5, #18 Exhibit 51, #19 Exhibit 52, #20 Exhibit 53 - 79 in Support, #21 Exhibit 80, #22 Exhibit 81 - 104 in Support) (Stock, Eric) |
| Filing 675 MOTION in Limine - ALLERGAN, INC.'S MOTION TO EXCLUDE CERTAIN TESTIMONY OF LAURA CRAFT [PUBLIC VERSION] by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration in Support, #3 Exhibits A-H in Support, #4 Proposed Order, #5 Memorandum in Opposition, #6 Declaration in Opposition, #7 Exhibit A in Opposition, #8 Reply Memorandum in Support) (Parrott, Matthew) |
| Filing 673 MOTION in Limine - ALLERGAN, INC.'S MOTION TO EXCLUDE CERTAIN TESTIMONY OF TODD D. CLARK AND RICHARD G. FRANK [PUBLIC VERSION] by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration in Support with Exhibits A-H, #3 Proposed Order, #4 Memorandum in Opposition, #5 Declaration in Opposition, #6 Reply Memorandum in Support) (Parrott, Matthew) |
| Filing 674 MEMORANDUM in Opposition re #671 MOTION for Summary Judgment [PUBLIC VERSION] with Allergan's Reply and related filings [PUBLIC VERSION] filed by Allergan, Inc.. (Attachments: #1 Response to Allergan's Statement of Material Facts, #2 Declaration in Opposition, #3 Exhibit 1 - 32 in Opposition, #4 Exhibit 33, Part 1 in Opposition, #5 Exhibit 33, Part 2 in Opposition, #6 Exhibit 33, Part 3 in Opposition, #7 Exhibit 33, Part 4 in Opposition, #8 Exhibit 34 - 75 in Opposition, #9 Exhibit 76, Part 1 in Opposition, #10 Exhibit 76, Part 2 in Opposition, #11 Exhibit 76, Part 3 in Opposition, #12 Exhibit 77 - 91 in Opposition, #13 Memorandum in Support Reply Memoradum in Support, #14 Reply to Response to Allergan's Statement of Material Facts, #15 Declaration in Support, #16 Exhibit 463 -476 in Support, #17 Letter to the Court re new factual matter, #18 Declaration in response re new factual matter, #19 Letter to the Court re sur-reply, #20 Letter to the Court re Allergan's Reply) (Stock, Eric) |
| Filing 672 MOTION in Limine - ALLERGAN, INC.'S MOTION TO EXCLUDE CERTAIN TESTIMONY OF UWE CHRISTIANS AND DAVID A. KESSLER [PUBLIC VERSION] by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration in Support, #3 Proposed Order, #4 Memorandum of Law in Opposition, #5 Reply Memorandum in Support) (Parrott, Matthew) |
| Filing 671 MOTION for Summary Judgment [PUBLIC VERSION] by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Rule 56.1 Statement, #3 Proposed Order, #4 Declaration in Support, #5 Exhibit 1 - 20 in Support, #6 Exhibit 21 - 60 in Support, #7 Exhibit 61 - 100 in Support, #8 Exhibit 101 - 124 in Support, #9 Exhibit 125 - 150 in Support, #10 Exhibit 151- 406 in Support, #11 Exhibit 407 - 462 in Support) (Stock, Eric) |
| Filing 670 MOTION for Summary Judgment NOTICE OF END-PAYOR PLAINTIFFS MOTION FOR SUMMARY JUDGMENT ON MONOPOLY POWER, ANTITRUST INJURY, INJURY TO BUSINESS AND PROPERTY, AND INTERSTATE AND INTRASTATE COMMERCE [PUBLIC VERSION] by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration in Support, #3 Exhibit 1 - 6 in Support, #4 Rule 56.1 Statement, #5 Memorandum in Opposition, #6 Declaration in Opposition, #7 Exhibit 1 - 49 in Opposition, #8 Allergan's Response to Statement of Material Facts, #9 Memorandum in Support Reply Memorandum in Support) (Stock, Eric) |
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ORDER re #668 Letter filed by End-Payor Plaintiffs. The parties' request that the court defer for 30 days the deadlines set out in the March 23, 2021 order is granted. Ordered by Judge Nina Gershon on 4/9/2021. (Stephens-Davidowitz, Lauren)
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| Filing 668 Letter to Judge Nina Gershon regarding distribution of notice of class certification to the End-Payor Class by End-Payor Plaintiffs (Sharp, Christina) |
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Filing 667
ORDER granting direct purchaser class plaintiffs' motion for distribution of net settlement fund. So Ordered by Judge Nina Gershon on 4/7/2021. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Almonte, Giselle)
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ORDER denying #665 Motion for Leave to Electronically File Document under Seal. Counsel are directed to file an unsealed version of Exhibit B. Ordered by Judge Nina Gershon on 4/8/2021. (Stephens-Davidowitz, Lauren)
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| Filing 666 Letter to Judge Nina Gershon re: Service of Allergan's Motion to Redact and Seal Certain Documents by Allergan, Inc. (Stock, Eric) |
| Filing 665 MOTION for Leave to Electronically File Document under Seal Motion for Leave to File Under Seal Exhibit B to Declaration of Tina Chiango of RG/2 Claims Administration LLC in Support of Motion for Distribution of Net Settlement Fund by Direct Purchaser Class Plaintiffs. (Attachments: #1 Proposed Sealed Document) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
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ORDER re (664 in 1:18-md-02819-NG-LB) Order. On March 23, 2021, I granted EPPs' Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class. To ensure that EPP class members are directed to the correct website, the DPPs are ordered, by March 31, 2021, to prominently display on their settlement website (www.restasisantitrustsettlement.com) the following message: "If you were a consumer of Restasis or a third-party payor (entities such as employers or insurers) for Restasis, please click here for the correct website: www.restasislitigation.com." Ordered by Judge Nina Gershon on 3/25/2021. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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Filing 664
ORDER granting END-PAYOR Plaintiffs' Motion to authorize distribution of class certification notice to the END-PAYOR class. SO Ordered by Judge Nina Gershon on 3/23/2021. Associated Cases: 1:18-md-02819-NG-LB et al. (Almonte, Giselle)
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| Filing 663 DECLARATION re (186 in 1:18-cv-00677-NG-LB, 153 in 1:18-cv-00974-NG-LB, 78 in 1:19-cv-02563-NG-LB, 169 in 1:18-cv-00970-NG-LB, 661 in 1:18-md-02819-NG-LB) MOTION for Settlement Motion for Distribution of Net Settlement Fund Declaration of Tina Chiango of RG/2 Claims Administration LLC by Direct Purchaser Class Plaintiffs (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 662 MEMORANDUM in Support re (153 in 1:18-cv-00974-NG-LB, 186 in 1:18-cv-00677-NG-LB, 78 in 1:19-cv-02563-NG-LB, 169 in 1:18-cv-00970-NG-LB, 661 in 1:18-md-02819-NG-LB) MOTION for Settlement Motion for Distribution of Net Settlement Fund filed by Direct Purchaser Class Plaintiffs. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 661 MOTION for Settlement Motion for Distribution of Net Settlement Fund by Direct Purchaser Class Plaintiffs. (Attachments: #1 Exhibit A - Proposed Order) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 660 NOTICE of Change of Firm Name and Email Address of Natalie Finkelman Bennett Once the filing has been made, you must login to www.pacer.gov and update your account. (Bennett, Natalie) |
| Filing 659 NOTICE of Change of Firm Name and Email Address of Jayne A. Goldstein Once the filing has been made, you must login to www.pacer.gov and update your account. (Goldstein, Jayne) |
| Filing 658 Letter regarding Class notice forms by End-Payor Plaintiffs (Attachments: #1 Exhibit A - Long Form Notice, #2 Exhibit B - Long Form Notice Redline, #3 Exhibit C - Short Form Notice, #4 Exhibit D - Short Form Notice Redline, #5 Exhibit E - Postcard Notice, #6 Exhibit F - Postcard Notice Redline, #7 Exhibit G - Proposed Order) (Gitlin, Adam) |
| Filing 657 MOTION to Withdraw as Attorney by KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated. (Olson, William) |
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ORDER granting (657) Motion to Withdraw as Attorney. Attorney William Rolf Olson terminated in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 3/18/2021. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00974-NG-LB (Stephens-Davidowitz, Lauren)
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Filing 656
OPINION AND ORDER: Because the proposed notice program satisfies the requirements of Rule 23(c)(2)(B) and constitutes the best notice practicable under the circumstances, I grant plaintiffs motion with respect to the manner of notice. I also appoint A.B. Data as notice administrator. SO Ordered by Judge Nina Gershon on 3/15/2021. Associated Cases: 1:18-md-02819-NG-LB et al. (Almonte, Giselle)
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ORDER re (655 in 1:18-md-02819-NG-LB) Letter filed by Allergan, Inc. The court grants the parties' request to vacate all deadlines in the MSP Action. The parties shall submit an update on the action within 45 days. Ordered by Judge Nina Gershon on 3/15/2021. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 655 Letter to Judge Nina Gershon from Eric J. Stock re the status of the action and current deadlines by Allergan, Inc. (Stock, Eric) |
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ORDER re #654 Letter filed by End-Payor Plaintiffs. The parties' revised briefing schedule for motions to seal the summary judgment and Daubert motions is approved. The court also approves the parties' proposal for handling non-parties' confidential information contained in those motions. Ordered by Judge Nina Gershon on 3/11/2021. (Stephens-Davidowitz, Lauren)
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| Filing 654 Letter regarding non-parties and former parties pursuant to Court's Minute Order dated January 22, 2021 by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 653 Joint MOTION to Seal Document / JOINT NOTICE OF MOTION TO SEAL AND REDACT CERTAIN DOCUMENTS RELATED TO THE PARTIES MOTIONS FOR SUMMARY JUDGMENT, MOTIONS TO EXCLUDE CERTAIN EXPERT TESTIMONY, AND JOINT APPENDIX OF EXPERT REPORTS by Allergan, Inc.. (Attachments: #1 Memorandum in Support - Joint Memorandum of Law in Support, #2 Appendix A - Document Contents) (Stock, Eric) |
| Filing 652 Letter to Judge Gershon from M. Sean Royall re: court ruling on pending Daubert motions before the opt-out deadline by Allergan, Inc. (Royall, Michael) |
| Filing 651 Letter in response to Allergan's letter dated February 9, 2021 by End-Payor Plaintiffs (Sharp, Christina) |
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ORDER granting (650) Motion for Extension of Time to File Response/Reply. in case 1:18-md-02819-NG-LB. MSP Plaintiffs' request for a 30-day extension of time to respond to defendant's motion to dismiss is granted. Ordered by Judge Nina Gershon on 2/16/2021. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 650 Letter MOTION for Extension of Time to File Response/Reply as to Order, by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Turner, Tracy) |
| Filing 649 Letter to Judge Gershon from M. Sean Royall re: briefing over End Payor Plaintiffs (EPPs) proposal to provide notice to the class by Allergan, Inc. (Royall, Michael) |
| Filing 648 AFFIDAVIT/DECLARATION in Support re #510 MOTION to Certify Class Notice of Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class -- Second Declaration of Adam Gitlin in Support of End-Payor Plaintiffs' Supplemental Reply Memorandum in Support of Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class filed by End-Payor Plaintiffs. (Attachments: #1 Exhibit A - Google Screenshot, #2 Exhibit B - Miller 2d Decl) (Gitlin, Adam) |
| Filing 647 REPLY in Support re #510 MOTION to Certify Class Notice of Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class -- End-Payor Plaintiffs' Supplemental Reply Memorandum in Support of Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class filed by End-Payor Plaintiffs. (Gitlin, Adam) |
| Filing 646 MEMORANDUM in Opposition re #510 MOTION to Certify Class Notice of Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class -- Allergan, Inc.'s Opposition to End-Payor Plaintiffs' Supplemental Memorandum in Support of Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class filed by Allergan, Inc.. (Gitlin, Adam) |
| Filing 645 AFFIDAVIT/DECLARATION in Support re #510 MOTION to Certify Class Notice of Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class - Declaration of Adam Gitlin filed by End-Payor Plaintiffs. (Attachments: #1 Exhibit 1 - Miller Declaration, #2 Exhibit 2 - Notice Plan, #3 Exhibit 3 - Postcard Notice, #4 Exhibit 4 - Short Form Notice, #5 Exhibit 5 - Short Form Redline, #6 Exhibit 6 - Long Form Notice, #7 Exhibit 7 - Long Form Redline) (Gitlin, Adam) |
| Filing 644 MEMORANDUM in Support re #510 MOTION to Certify Class Notice of Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class -- End-Payor Plaintiffs' Supplemental Memorandum in Support of Motion to Authorize Distribution of Class Certification Notice to the Endpayor Class filed by End-Payor Plaintiffs. (Gitlin, Adam) |
| Filing 643 AFFIDAVIT/DECLARATION in Support re #637 MOTION for Partial Summary Judgment / NOTICE OF END-PAYOR PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON FRAUD ON THE PATENT OFFICE and ALLERGAN, INC.'S CROSS-MOTION WITH ALL RELATED BRIEFING - Reply Declaration of Tom Watts filed by Allergan, Inc.. (Brody, Anne) |
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ORDER re #641 Stipulation, filed by Allergan, Inc. The parties' stipulation is approved. Ordered by Judge Nina Gershon on 1/22/2021. (Stephens-Davidowitz, Lauren)
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ORDER re #641 Stipulation, filed by Allergan, Inc. In paragraph 4 of the Stipulation and Order entered today, the parties were ordered, by February 24, 2021, to notify certain nonparties that they have the right to be heard regarding the intention of one or both parties to make public their confidential materials in connection with the currently pending summary judgment and/or Daubert motions. By March 10, 2021, the parties shall submit a letter identifying the nonparties that they notified and which nonparties wish to be heard. With regard to the nonparties in the latter category, on that same date, the parties shall submit an agreed-upon briefing schedule for the nonparties' motions to seal. Ordered by Judge Nina Gershon on 1/22/2021. (Stephens-Davidowitz, Lauren)
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| Filing 642 Letter to the Honorable Nina Gershon from Eric J. Stock re: service of Allergan's Motion to Dismiss Certain State Law Claims by Allergan, Inc. (Stock, Eric) |
| Filing 641 STIPULATION and [Proposed] Order Establishing the Procedures and Deadlines for Filing Motions to Seal the Parties' Briefing of Motions for Summary Judgment and Motions to Exclude Certain Expert Testimony and Public Versions Thereof by Allergan, Inc. (Stock, Eric) |
| Filing 640 AFFIDAVIT/DECLARATION in Opposition re #637 MOTION for Partial Summary Judgment / NOTICE OF END-PAYOR PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON FRAUD ON THE PATENT OFFICE and ALLERGAN, INC.'S CROSS-MOTION WITH ALL RELATED BRIEFING / Declaration of Anna Y. Brody filed by Allergan, Inc.. (Attachments: #1 Exhibit 1 - 10, #2 Exhibit 11 - 20, #3 Exhibit 21 - 30, #4 Exhibit 31 - 40) (Brody, Anne) |
| Filing 639 AFFIDAVIT/DECLARATION in Support re #637 MOTION for Partial Summary Judgment / NOTICE OF END-PAYOR PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON FRAUD ON THE PATENT OFFICE and ALLERGAN, INC.'S CROSS-MOTION WITH ALL RELATED BRIEFING / Declaration of Tom Watts filed by Allergan, Inc.. (Attachments: #1 Exhibit 41-49, #2 Exhibit 50, Part 1, #3 Exhibit 50, Part 2, #4 Exhibit 50, Part 3, #5 Exhibit 51-60, #6 Exhibit 61-70, #7 Exhibit 71-80, #8 Exhibit 81-90, #9 Exhibit 91-100, #10 Exhibit 101-104) (Brody, Anne) |
| Filing 638 AFFIDAVIT/DECLARATION in Support re #637 MOTION for Partial Summary Judgment / NOTICE OF END-PAYOR PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON FRAUD ON THE PATENT OFFICE and ALLERGAN, INC.'S CROSS-MOTION WITH ALL RELATED BRIEFING / Declaration of Tom Watts filed by Allergan, Inc.. (Attachments: #1 Exhibit 1 - 10, #2 Exhibit 11, #3 Exhibit 12, #4 Exhibit 13, #5 Exhibit 14, #6 Exhibit 15, #7 Exhibit 16-20, #8 Exhibit 21-30, Part 1, #9 Exhibit 21-30, Part 2, #10 Exhibit 31, #11 Exhibit 32, Part 1, #12 Exhibit 32, Part 2, #13 Exhibit 32, Part 3, #14 Exhibit 33-40, Part 1, #15 Exhibit 33-40, Part 2) (Brody, Anne) |
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ORDER re (635 in 1:18-md-02819-NG-LB) Stipulation, filed by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. In the MSP Action, the claims identified in the stipulation are dismissed without prejudice. Ordered by Judge Nina Gershon on 1/13/2021. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren)
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ORDER re (636 in 1:18-md-02819-NG-LB) Stipulation filed by Allergan, Inc. The parties' proposed briefing schedule for defendant's motion to dismiss certain claims raised by the MSP Plaintiffs is approved. Ordered by Judge Nina Gershon on 1/13/2021. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 637 MOTION for Partial Summary Judgment / NOTICE OF END-PAYOR PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT ON FRAUD ON THE PATENT OFFICE and ALLERGAN, INC.'S CROSS-MOTION WITH ALL RELATED BRIEFING by Allergan, Inc.. (Attachments: #1 b.End-Payor Plaintiffs Memorandum of Law in Support of its Motion for Summary Judgment, #2 c.End-Payor Plaintiffs Statement of Material Facts in Support of Its Motion for Summary Judgment, #3 a.Allergans Notice of Cross-Motion for Summary Judgment, #4 b.Allergans Memorandum of Law in Opposition to End-Payor Plaintiffs Motion and in Support of its Cross-Motion for Summary Judgment, #5 c.Allergans Statement of Material Facts in Support of Its Motion for Summary Judgment, #6 Proposed Order, #7 a.End-Payor Plaintiffs Reply in Support of Its Motion for Summary Judgment, #8 b.End-Payor Plaintiffs Response to Allergans Rule 56.1 Statement of Material Facts in Support of Its Motion for Summary Judgment, #9 a.Allergans Reply in Support of Its Cross-Motion for Summary Judgment, #10 b.Allergans Reply to End-Payor Plaintiffs Response to Allergans Rule 56.1 Statement of Material Facts in Support of Its Cross-Motion for Summary Judgment) (Brody, Anne) |
| Filing 636 STIPULATION and [Proposed] Order to Set Briefing Schedule for Motion to Dismiss by Allergan, Inc. (Stock, Eric) |
| Filing 635 STIPULATION (Joint) and Notice of Voluntary Dismissal of Certain Claims Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Turner, Tracy) |
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ORDER re (580 in 1:18-md-02819-NG-LB) Letter filed by Allergan, Inc. Having reviewed the parties' letters, I conclude that defendant may proceed with its motion to dismiss certain claims raised by the MSP Plaintiffs without a pre-motion conference. Defendant's moving brief and plaintiffs' opposition shall be limited to 12 pages; defendant's reply shall be limited to 6 pages. The parties shall submit a proposed briefing schedule by January 12, 2021. Ordered by Judge Nina Gershon on 1/6/2021. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren) Modified on 1/7/2021 (Joe, Victor).
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ORDER granting (625) Motion for Extension of Time to Complete Discovery in case 1:18-md-02819-NG-LB. On consent, the MSP Plaintiffs' request for an extension of the discovery deadlines is approved. Ordered by Judge Nina Gershon on 1/6/2021. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 634 REPLY in Support re #629 Cross MOTION in Limine to Exclude Testimony of Kenneth Roberts and Andrew Calman by Allergan, Inc. filed by End-Payor Plaintiffs. (Sharp, Christina) |
| Filing 632 REPLY in Support re #626 MOTION in Limine to Exclude Testimony of Dr. Kathryn Masselam Hatch filed by End-Payor Plaintiffs. (Sharp, Christina) |
| Filing 631 MEMORANDUM in Opposition re #629 Cross MOTION in Limine to Exclude Testimony of Kenneth Roberts and Andrew Calman by Allergan, Inc. filed by End-Payor Plaintiffs. (Sharp, Christina) |
| Filing 630 MEMORANDUM in Opposition re #626 MOTION in Limine to Exclude Testimony of Dr. Kathryn Masselam Hatch, #627 MOTION in Limine to Exclude Testimony of Kyriakos (Ken) Mandadakis., O.D., Johanna Choremis, M.D., and Henrique Reis, M.D., #629 Cross MOTION in Limine to Exclude Testimony of Kenneth Roberts and Andrew Calman by Allergan, Inc. filed by End-Payor Plaintiffs. (Attachments: #1 Declaration of Matthew C. Parrott, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Proposed Order) (Sharp, Christina) |
| Filing 629 Cross MOTION in Limine to Exclude Testimony of Kenneth Roberts and Andrew Calman by Allergan, Inc. by End-Payor Plaintiffs. (Sharp, Christina) |
| Filing 628 MOTION in Limine / ALLERGAN, INC.'S NOTICE OF MOTION TO EXCLUDE CERTAIN TESTIMONY OF LAURA CRAFT by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Adam Jantzi in Support, #3 Exhibit A - Deposition Transcript, #4 Exhibit B - Deposition Transcript, #5 Exhibit C - Conference Journal, #6 Exhibit D - Treatise, Excerpts, #7 Exhibit E - Textbook, Excerpts, #8 Exhibit F - Declaration, #9 Exhibit G - Deposition Transcript, #10 Exhibit H - Reference Guide, #11 Proposed Order, #12 Memorandum in Opposition, #13 Declaration of Sona R. Shah in Opposition, #14 Memorandum in Support - Reply Memorandum of Law) (Stock, Eric) |
| Filing 627 MOTION in Limine to Exclude Testimony of Kyriakos (Ken) Mandadakis., O.D., Johanna Choremis, M.D., and Henrique Reis, M.D. by End-Payor Plaintiffs. (Attachments: #1 Memorandum in Support, #2 Declaration of Sona R. Shah, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C) (Sharp, Christina) |
| Filing 626 MOTION in Limine to Exclude Testimony of Dr. Kathryn Masselam Hatch by End-Payor Plaintiffs. (Attachments: #1 Memorandum in Support, #2 Declaration of Tom Watts) (Sharp, Christina) |
| Filing 625 MOTION for Extension of Time to Complete Discovery deadlines contained in the November 18, 2020 discovery plan by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Turner, Tracy) |
| Filing 624 Letter to Honorable Nina Gershon regarding Allergan's Reply in support of its Motion for Summary Judgment by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 623 AFFIDAVIT/DECLARATION in Support re #582 MOTION for Summary Judgment / DECLARATION OF RACHAEL A. REZABEK IN SUPPORT OF ALLERGAN, INC.'S REPLY filed by Allergan, Inc.. (Attachments: #1 Exhibit 463 - 476) (Stock, Eric) |
| Filing 622 AFFIDAVIT/DECLARATION in Opposition re #582 MOTION for Summary Judgment / DECLARATION OF DENA C. SHARP filed by Allergan, Inc.. (Attachments: #1 Exhibit 66 - 75, #2 Exhibit 76, #3 Exhibit 77 - 91) (Stock, Eric) |
| Filing 621 AFFIDAVIT/DECLARATION in Opposition re #582 MOTION for Summary Judgment / DECLARATION OF DENA C. SHARP filed by Allergan, Inc.. (Attachments: #1 Exhibit 33, Part 1, #2 Exhibit 33, Part 2, #3 Exhibit 34 -45, #4 Exhibit 46 - 55, #5 Exhibit 56 - 65) (Stock, Eric) |
| Filing 620 AFFIDAVIT/DECLARATION in Opposition re #582 MOTION for Summary Judgment filed by Allergan, Inc.. (Attachments: #1 Exhibit 1 - 10, #2 Exhibit 11 - 20, #3 Exhibit 21 - 30, #4 Exhibit 31, #5 Exhibit 32) (Stock, Eric) |
| Filing 619 Letter to the Honorable Nina Gershon in response to the End-Payor Plaintiffs' ("EPPs") December 23, 2020 letter seeking to respond to Allergan's summary judgment reply brief (Dkt. 602) (the "Surreply Letter") by Allergan, Inc. (Rezabek, Rachael) |
| Filing 618 Letter to Judge Nina Gershon from Tracy L. Turner in response to Allergan's December 21, 2020 request for a pre-motion conference and leave to file a motion to dismiss by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Turner, Tracy) |
| Filing 617 DECLARATION / JOINT APPENDIX OF EXPERT REPORTS FOR SUMMARY JUDGMENT AND DAUBERT MOTIONS by Allergan, Inc. (Attachments: #1 Tabs 1 - 10, #2 Tabs 11 - 20, #3 Tabs 21 - 30, #4 Tabs 31 - 42) (Stock, Eric) |
| Filing 616 MOTION in Limine EPP Plaintiffs' Notice of Motion to Exclude Testimony of Dr. Rahul Guha by Self Insured Schools of California. (Attachments: #1 Memorandum in Support, #2 Declaration of Kyle Quackenbush, #3 Memorandum in Opposition, #4 Declaration Of Matthew Parrot, #5 Memorandum in Support, #6 Declaration of Kyle Quackenbush) (Saveri, Joseph) |
| Filing 615 MOTION in Limine / ALLERGAN, INC.'S NOTICE OF MOTION TO EXCLUDE CERTAIN TESTIMONY OF ROGER L. WILLIAMS by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Rachael A. Rezabek, #3 Proposed Order, #4 Memorandum in Opposition, #5 Declaration of Tom Watts in Opposition, #6 Memorandum in Support - Reply Memorandum) (Stock, Eric) |
| Filing 614 MOTION in Limine / ALLERGAN, INC.'S NOTICE OF MOTION TO EXCLUDE CERTAIN TESTIMONY OF TODD D. CLARK AND RICHARD G. FRANK by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Clifford S. Hwang, #3 Proposed Order, #4 Memorandum in Opposition, #5 Declaration of Scott Grzenczyk in Opposition, #6 Memorandum in Support - Reply Memorandum) (Stock, Eric) |
| Filing 613 MOTION in Limine / ALLERGAN, INC.'S NOTICE OF MOTION TO EXCLUDE CERTAIN TESTIMONY OF UWE CHRISTIANS AND DAVID A. KESSLER by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Bennett Rawicki, #3 Proposed Order, #4 Memorandum in Opposition, #5 Memorandum in Support - Reply Memorandum) (Stock, Eric) |
| Filing 612 MOTION in Limine / ALLERGAN, INC.'S NOTICE OF MOTION TO EXCLUDE CERTAIN TESTIMONY BY PLAINTIFFS' PATENT EXPERTS by Allergan, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Anne Y. Brody, #3 Proposed Order, #4 Memorandum in Opposition, #5 Memorandum in Support - Reply Memorandum) (Stock, Eric) |
| Filing 611 AFFIDAVIT/DECLARATION in Support re #582 MOTION for Summary Judgment - Declaration of Matthew C. Parrott, Part 13 filed by Allergan, Inc.. (Attachments: #1 Exhibit 440, #2 Exhibit 441 - 447, #3 Exhibit 448, #4 Exhibit 449 - 452, #5 Exhibit 453 - 454, #6 Exhibit 455 - 462) (Stock, Eric) |
| Filing 610 AFFIDAVIT/DECLARATION in Support re #582 MOTION for Summary Judgment - Declaration of Matthew C. Parrott, Part 12 filed by Allergan, Inc.. (Attachments: #1 Exhibit 405 - 410, #2 Exhibit 411 - 422, #3 Exhibit 423 - 427, #4 Exhibit 428, #5 Exhibit 429 - 439) (Stock, Eric) |
| Filing 609 REPLY in Support re #605 MOTION in Limine to Exclude Testimony of Nancy J. Linck, Ph.D. filed by End-Payor Plaintiffs. (Fastiff, Eric) |
| Filing 608 AFFIDAVIT/DECLARATION in Support re #582 MOTION for Summary Judgment - Declaration of Matthew C. Parrott, Part 6 filed by Allergan, Inc.. (Attachments: #1 Exhibit 404, Part 1, #2 Exhibit 404, Part 2, #3 Exhibit 404, Part 3, #4 Exhibit 404, Part 4, #5 Exhibit 404, Part 5) (Stock, Eric) |
| Filing 607 MEMORANDUM in Opposition re #605 MOTION in Limine to Exclude Testimony of Nancy J. Linck, Ph.D. filed by End-Payor Plaintiffs. (Attachments: #1 Declaration of Anne Y. Brody, #2 Exhibit 1-5) (Fastiff, Eric) |
| Filing 606 AFFIDAVIT/DECLARATION in Support re #582 MOTION for Summary Judgment - Declaration of Matthew C. Parrott, Part 10 filed by Allergan, Inc.. (Attachments: #1 Exhibit 395 - 399, #2 Exhibit 400, #3 Exhibit 401 - 402, #4 Exhibit 403) (Stock, Eric) |
| Filing 605 MOTION in Limine to Exclude Testimony of Nancy J. Linck, Ph.D. by End-Payor Plaintiffs. (Attachments: #1 Memorandum in Support) (Fastiff, Eric) |
| Filing 604 AFFIDAVIT/DECLARATION in Support re #582 MOTION for Summary Judgment - Declaration of Matthew C. Parrott, Part 9 filed by Allergan, Inc.. (Attachments: #1 Exhibit 371 - 372, #2 Exhibit 373 - 374, #3 Exhibit 375 - 378, #4 Exhibit 379 - 382, #5 Exhibit 383 - 394) (Stock, Eric) |
| Filing 603 AFFIDAVIT/DECLARATION in Support re #582 MOTION for Summary Judgment - Declaration of Matthew C. Parrott, Part 8 filed by Allergan, Inc.. (Attachments: #1 Exhibit 356 - 359, #2 Exhibit 360 - 362, #3 Exhibit 363, #4 Exhibit 364 - 366, #5 Exhibit 367 - 370) (Stock, Eric) |
| Filing 602 Letter to Honorable Nina Gershon regarding Allergans reply in support of its motion for summary judgment by End-Payor Plaintiffs (Attachments: #1 Declaration of Tom Watts, #2 Exhibit A, #3 Exhibit B) (Sharp, Christina) |
| Filing 601 AFFIDAVIT/DECLARATION in Support re #582 MOTION for Summary Judgment - Declaration of Matthew C. Parrott, Part 7 filed by Allergan, Inc.. (Attachments: #1 Exhibit 301 - 320, #2 Exhibit 321 - 339, #3 Exhibit 340 - 343, #4 Exhibit 344 - 350, #5 Exhibit 351 - 355) (Stock, Eric) |
| Filing 600 AFFIDAVIT/DECLARATION in Support re #582 MOTION for Summary Judgment - Declaration of Matthew C. Parrott, Part 6 filed by Allergan, Inc.. (Attachments: #1 Exhibit 236 - 264, #2 Exhibit 265 - 281, #3 Exhibit 282 - 285, #4 Exhibit 286 - 293, #5 Exhibit 294 - 300) (Stock, Eric) |
| Filing 599 REPLY in Support re #596 MOTION in Limine to Exclude Testimony of Dr. Jonca Bull and Dr. Frederic Lallemand filed by End-Payor Plaintiffs. (Attachments: #1 Declaration of Tom Watts, #2 Exhibit 39) (Sharp, Christina) |
| Filing 598 MEMORANDUM in Opposition re #596 MOTION in Limine to Exclude Testimony of Dr. Jonca Bull and Dr. Frederic Lallemand filed by End-Payor Plaintiffs. (Attachments: #1 Declaration of Bennett Rawicki, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Sharp, Christina) |
| Filing 597 AFFIDAVIT/DECLARATION in Support re #582 MOTION for Summary Judgment - Declaration of Matthew C. Parrott, Part 5 filed by Allergan, Inc.. (Attachments: #1 Exhibit 151 - 175, #2 Exhibit 176 - 185, #3 Exhibit 186 - 210, #4 Exhibit 211 - 230, #5 Exhibit 231 - 235) (Stock, Eric) |
| Filing 596 MOTION in Limine to Exclude Testimony of Dr. Jonca Bull and Dr. Frederic Lallemand by End-Payor Plaintiffs. (Attachments: #1 Memorandum in Support, #2 Declaration of Tom Watts, #3 Exhibit 1-9, #4 Exhibit 10-13, #5 Exhibit 14-17, #6 Exhibit 18-20, #7 Exhibit 21-22, #8 Exhibit 23-25, #9 Exhibit 26-33, #10 Exhibit 34-38) (Sharp, Christina) |
| Filing 595 AFFIDAVIT/DECLARATION in Support re #582 MOTION for Summary Judgment - Declaration of Matthew C. Parrott, Part 4 filed by Allergan, Inc.. (Attachments: #1 Exhibit 101 - 115, #2 Exhibit 116 - 130, Part 1, #3 Exhibit 116 - 130, Part 2, #4 Exhibit 116 - 130, Part 3, #5 Exhibit 131 - 150) (Stock, Eric) |
| Filing 594 AFFIDAVIT/DECLARATION in Support re #582 MOTION for Summary Judgment - Declaration of Matthew C. Parrott, Part 3 filed by Allergan, Inc.. (Attachments: #1 Exhibit 81 - 90, #2 Exhibit 91 - 100) (Stock, Eric) |
| Filing 593 AFFIDAVIT/DECLARATION in Support re #582 MOTION for Summary Judgment - Declaration of Matthew C. Parrott, Part 2 filed by Allergan, Inc.. (Attachments: #1 Exhibit 51 - 60, #2 Exhibit 61 - 70, #3 Exhibit 71 - 80) (Stock, Eric) |
| Filing 592 AFFIDAVIT/DECLARATION in Support re #582 MOTION for Summary Judgment Declaration of Matthew C. Parrott, Part 1 filed by Allergan, Inc.. (Attachments: #1 Exhibit 1 - 10, #2 Exhibit 11 - 20, #3 Exhibit 21 - 30, #4 Exhibit 31 - 40, #5 Exhibit 41 - 50) (Stock, Eric) |
| Filing 591 REPLY in Support re #589 MOTION for Summary Judgment on Monopoly Power, Antitrust Injury, Injury to Business and Property, and Interstate and Intrastate Commerce filed by End-Payor Plaintiffs. (Sharp, Christina) |
| Filing 590 MEMORANDUM in Opposition re #589 MOTION for Summary Judgment on Monopoly Power, Antitrust Injury, Injury to Business and Property, and Interstate and Intrastate Commerce filed by End-Payor Plaintiffs. (Attachments: #1 Declaration of Adam J. Jantzi, #2 Exhibit 1-5, #3 Exhibit 6-12, #4 Exhibit 13-17, #5 Exhibit 18-21, #6 Exhibit 22, #7 Exhibit 23, #8 Exhibit 24, #9 Exhibit 25-31, #10 Exhibit 32-42, #11 Exhibit 43-49, #12 Allergan's Response to End-Payor Plaintiffs' Rule 56.1(a) Statement and Allergan's Statement of Additional Material Facts in Dispute) (Sharp, Christina) |
| Filing 589 MOTION for Summary Judgment on Monopoly Power, Antitrust Injury, Injury to Business and Property, and Interstate and Intrastate Commerce by End-Payor Plaintiffs. (Attachments: #1 Memorandum in Support, #2 Declaration of Scott Grzenczyk, #3 Exhibit 1 to the Declaration of Scott Grzenczyk, #4 Exhibit 2 to the Declaration of Scott Grzenczyk, #5 Exhibit 3 to the Declaration of Scott Grzenczyk, #6 Exhibit 4 to the Declaration of Scott Grzenczyk, #7 Exhibit 5 to the Declaration of Scott Grzenczyk, #8 Exhibit 6 to the Declaration of Scott Grzenczyk, #9 Rule 56.1 Statement) (Sharp, Christina) |
| Filing 588 REPLY in Support re #582 MOTION for Summary Judgment filed by Allergan, Inc.. (Stock, Eric) |
| Filing 587 RULE 56.1 STATEMENT re #582 MOTION for Summary Judgment / ALLERGAN'S REPLY TO END-PAYOR PLAINTIFFS' RESPONSE TO ALLERGAN, INC.'S RULE 56.1 STATEMENT OF MATERIAL FACTS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT filed by Allergan, Inc.. (Stock, Eric) |
| Filing 586 MEMORANDUM in Opposition re #582 MOTION for Summary Judgment filed by Allergan, Inc.. (Stock, Eric) |
| Filing 585 RULE 56.1 STATEMENT re #582 MOTION for Summary Judgment / END-PAYOR PLAINTIFFS' RESPONSE TO ALLERGAN, INC.'S STATEMENT OF MATERIAL FACTS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT filed by Allergan, Inc.. (Stock, Eric) |
| Filing 584 MEMORANDUM in Support re #582 MOTION for Summary Judgment filed by Allergan, Inc.. (Stock, Eric) |
| Filing 583 RULE 56.1 STATEMENT re #582 MOTION for Summary Judgment / ALLERGAN, INC.'S STATEMENT OF MATERIAL FACTS IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT filed by Allergan, Inc.. (Stock, Eric) |
| Filing 582 MOTION for Summary Judgment by Allergan, Inc.. (Attachments: #1 Proposed Order) (Stock, Eric) |
| Filing 581 Letter to Judge Nina Gershon regarding End-Payor Plaintiffs Reply in support of Motion for Summary Judgment on Monopoly Power, Antitrust Injury, Injury to Business and Property, and Interstate and Intrastate Commerce by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 580 Letter to Judge Nina Gershon from Eric J. Stock re to request a pre-motion conference and leave to file a motion to dismiss by Allergan, Inc. (Stock, Eric) |
| Filing 579 NOTICE of Appearance by Keydon Levy on behalf of Self Insured Schools of California (notification declined or already on case) (Levy, Keydon) |
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Filing 578
ORDER granting #577 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. See Attached So Ordered by Magistrate Judge Lois Bloom on 12/18/2020. (Rein, Gilbert)
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| Filing 577 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13854035. by Self Insured Schools of California. (Levy, Keydon) |
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ORDER re #576 Letter filed by End-Payor Plaintiffs. The parties' proposed briefing schedule for EPPs' motion to disseminate notice to the class is approved. Ordered by Judge Nina Gershon on 12/14/2020. (Stephens-Davidowitz, Lauren)
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ORDER re (575 in 1:18-md-02819-NG-LB) Stipulation filed by Allergan, Inc. I have received the proposed stipulation in the MSP Action. I decline to sign it. To file a motion to dismiss, defendant must comply with Section 3(A) of my Individual Motion Practices by filing a letter seeking a pre-motion conference. Defendant shall file such a letter by December 21, 2020. Plaintiffs shall respond by December 28, 2020. Because service of a pre-motion conference letter constitutes timely service of a Rule 12(b) motion, defendant's time to respond to the MSP Plaintiffs' complaint is extended until December 21, 2020. Ordered by Judge Nina Gershon on 12/14/2020. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 576 Letter re proposed schedule to submit further submissions re motion to disseminate notice by End-Payor Plaintiffs (Fastiff, Eric) |
| Filing 575 STIPULATION - Joint Stipulation and [Proposed] Order to Revise Case Schedule and Set Briefing Schedule for Motion to Dismiss by Allergan, Inc. (Stock, Eric) |
| Filing 573 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 11-6-20, before Judge Gershon. Court Reporter/Transcriber M.Nardone, Telephone number 718-613-2601. Email address: mishrpr@aol.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 12/21/2020. Redacted Transcript Deadline set for 1/4/2021. Release of Transcript Restriction set for 3/1/2021. (Nardone, Michele) |
| Filing 574 NOTICE of fully executed Assignment of Claims, filed by Steven Mitnick, Esq. (Almonte, Giselle) |
| Filing 572 Letter to Judge Nina Gershon re submission of Defendant Allergan, Inc.'s Cross-Motion to Exclude Testimony from Kenneth Roberts and Andrew Calman by Allergan, Inc. (Parrott, Matthew) |
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ORDER re (571 in 1:18-md-02819-NG-LB) Letter filed by Allergan, Inc. The parties' proposed discovery plan is approved. Ordered by Judge Nina Gershon on 11/18/2020. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 571 Letter to Judge Nina Gershon from Eric J. Stock in response to the Court's minute order of November 12, 2020 by Allergan, Inc. (Stock, Eric) |
| Filing 570 Letter to Judge Nina Gershon from Anne Brody re submission of Defendant Allergan, Inc.'s Cross-Motion for Summary Judgment by Allergan, Inc. (Brody, Anne) |
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ORDER re (568 in 1:18-md-02819-NG-LB) Letter filed by Allergan, Inc. Based on the representations in Mr. Stock's letter dated November 2, 2020, the MSP case is no longer stayed. By November 16, 2020, the parties shall submit a proposed discovery schedule. Ordered by Judge Nina Gershon on 11/12/2020. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 569 Letter regarding End-Payor Plaintiffs Opposition to Allergan, Inc.'s Motion for Summary Judgment and Response to Allergan, Inc.'s Statement of Material Facts in Support of Its Motion for Summary Judgment by End-Payor Plaintiffs (Sharp, Christina) |
| Minute Entry for proceedings held before Judge Nina Gershon: Case called. Counsel for End-Payor Plaintiffs and defendant in attendance. Eric Miller from A.B. Data also in attendance. The court heard argument on EPPs' Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class #501 . Plaintiffs shall supplement their motion to address the court's concerns. The parties shall submit a briefing schedule for the court's approval. (Court Reporter Michele Nardone.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 568 Letter to Judge Nina Gershon from Eric J. Stock in response to the Court's October 27, 2020 Order re MSP Recovery Claims LLC v. Allergan by Allergan, Inc. (Stock, Eric) |
| Set/Reset Hearings: A virtual WebEx hearing is scheduled for Friday, 11/6/2020 at 1:30 PM (EST). The hearing is to address the EPP's Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class. The Court is requesting the someone from AB Data attend this hearing. A private WebEx link will be sent to all counsel involved in this motion. The public, any support staff, and interested parties may listen in on the hearing. The dial in number is 1(888)684-8852. When prompt the access code is 4324656#, and the security code will be 2819. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
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Order: On May 3, 2019, plaintiffs MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, and MAO-MSO Recovery II, LLC, Series PMPI (the "MSP Plaintiffs") filed a complaint against Allergan. On July 18, 2019, I stayed that action pending my ruling on the EPPs' class certification motion. I issued such a ruling on May 5, 2020. By November 2, 2020, counsel for the MSP Plaintiffs shall inform me as to the status of their lawsuit. Ordered by Judge Nina Gershon on 10/27/2020. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 567 Letter to Judge Gershon from M. Sean Royall re: Allergan and EPP no longer requesting that the Court postpone ruling on EPPs Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class, ECF No. 510. by Allergan, Inc. (Royall, Michael) |
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On September 22, 2020, I granted the parties' request, based on their representation that they intend to resume settlement discussions, that I hold in abeyance any ruling on the Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class for 30 days. The parties are directed to update me by October 27, 2020. Ordered by Judge Nina Gershon on 10/23/2020. (Stephens-Davidowitz, Lauren)
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ORDER re #566 Stipulation filed by End-Payor Plaintiffs. The revised deadlines set forth in the parties' stipulation are approved. Ordered by Judge Nina Gershon on 10/23/2020. (Stephens-Davidowitz, Lauren)
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| Filing 566 STIPULATION and Proposed Order to Revise Case Deadlines by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 565 Letter In re Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litig., MDL No. 2819 by In Re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation (Stock, Eric) |
| Filing 564 Letter to Judge Gershon re Motions to Exclude Testimony of Kyriakos (Ken) Mandadakis, O.D., Johanna Choremis, M.D., and Henrique Reis, M.D., and Dr. Kathryn Masselam Hatch by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 563 JUDGMENT: ORDERED and ADJUDGED that plaintiffs final approval motion is granted to the extent that the following payments are approved for distribution from the Settlement Fund after the Effective Date: (1) class counsels request for reimbursement of their expenses in the amount of $1,978,235.05; (2) an attorneys fee award of $16,423,921.65, plus interest on that amount that may accrue prior to distribution; and (3) service awards of $85,000 to FWK, KPH, and RDC and a service award of $42,500 to Meijer, for a total of $297,500; that further costs and expenses under $50,000 that are incurred during the claims administration process, including allocation and payment, for members of the Direct Purchaser Settlement Class may be disbursed, after the Effective Date, from the Settlement Fund without further application to the court. (See Judgment for further details). Signed Douglas C. Palmer, Clerk of Court by Jalitza Poveda, Deputy Clerk on 10/9/2020. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Almonte, Giselle) |
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Filing 562
OPINION AND ORDER: Plaintiffs final approval motion is granted to the extent that I approve the following payments for distribution from the Settlement Fund after the Effective Date: (1) class counsels request for reimbursement of their expenses in the amount of $1,978,235.05; (2) an attorneys fee award of $16,423,921.65, plus interest on that amount that may accrue prior todistribution; and (3) service awards of $85,000 to FWK, KPH, and RDC and a service award of $42,500 to Meijer, for a total of $297,500. I also authorize that further costs and expenses under $50,000 that are incurred during the claims administration process, including allocation and payment, for members of the Direct Purchaser Settlement Class may be disbursed, after theEffective Date, from the Settlement Fund without further application to the court. Except as provided for above, no costs or attorneys fees are recoverable or sought under 15 U.S.C. 15(a). The Clerk of Court is directed to enter Judgment in accordance with this Opinion and Order. So Ordered by Judge Nina Gershon on 10/6/2020. (See Order for further details) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Almonte, Giselle)
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| Filing 561 Letter to Judge Gershon from Eric J. Stock pursuant to the October 1, 2020 Minute Order by Allergan, Inc. (Stock, Eric) |
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ORDER re #560 Stipulation filed by Allergan, Inc. The parties' stipulation is approved. Ordered by Judge Nina Gershon on 10/5/2020. (Stephens-Davidowitz, Lauren)
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| Filing 560 STIPULATION regarding certain Daubert page limit extensions by Allergan, Inc. (Parrott, Matthew) |
| Minute Entry for proceedings held before Judge Nina Gershon: Case called. Counsel for Direct Purchaser Plaintiffs and defendant in attendance. The court held a Fairness Hearing regarding the DPP class action settlement. The court intends to approve the settlement. Defendant shall submit a letter within three days regarding its request for certification under Rule 54(b). (Court Reporter Stacy Mace.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 559 NOTICE of Appearance by Bennett Rawicki on behalf of Allergan, Inc. (notification declined or already on case) (Rawicki, Bennett) |
| Filing 558 Letter to Judge Gershon from M. Sean Royall re: Service of Daubert Motions by Allergan, Inc. (Royall, Michael) |
| Filing 557 Letter to Judge Nina Gershon regarding Service of End-Payor Plaintiffs' Daubert Motions by End-Payor Plaintiffs (Saveri, Joseph) |
| Filing 556 REPLY in Support re #546 MOTION to Seal Document #539 Letter MOTION for Leave to File Excess Pages / identify the issues it expects to raise at summary judgment - Request to file a Redacted Public Version filed by All Defendants. (Parrott, Matthew) |
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ORDER granting #551 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 9/29/2020. (Stephens-Davidowitz, Lauren)
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ORDER re #554 Stipulation filed by Allergan, Inc. The court approves the parties' stipulation. Ordered by Judge Nina Gershon on 9/29/2020. (Stephens-Davidowitz, Lauren)
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| Filing 555 Letter to Judge Nina Gershon regarding End-Payor Plaintiffs' Motion for Partial Summary Judgment on Fraud on the Patent Office by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 554 STIPULATION - Joint Stipulation and [Proposed] Order to Extend the Schedule for One Expert Deposition and Briefing on Certain Motions to Exclude Expert Testimony by Allergan, Inc. (Parrott, Matthew) |
| Filing 553 Letter to Judge Nina Gershon from M. Sean Royall re Allergan, Inc.'s Service of its Notice of Motion for Summary Judgment (Motion) on the End-Payor Plaintiffs with Supporting Documents on 09/22/2020 by Allergan, Inc. (Royall, Michael) |
| Filing 552 Letter regarding End-Payor Plaintiffs Motion for Summary Judgment on Monopoly Power, Antitrust Injury, Injury to Business and Property, and Interstate and Intrastate Commerce by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 551 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13401456. by Allergan, Inc.. (Rawicki, Bennett) |
| Filing 550 NOTICE by Direct Purchaser Class Plaintiffs re (516 in 1:18-md-02819-NG-LB) MOTION for Attorney Fees , Reimbursement of Expenses, and Service Awards for the Class Representatives Notice of Errata Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 549 RESPONSE to Motion re #546 MOTION to Seal Document #539 Letter MOTION for Leave to File Excess Pages / identify the issues it expects to raise at summary judgment - Request to file a Redacted Public Version filed by End-Payor Plaintiffs. (Drachler, Dan) |
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ORDER re #548 Letter filed by End-Payor Plaintiffs. The parties' request, in Ms. Sharp's letter dated September 17, 2020, that I hold in abeyance any ruling on the Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class for 30 days is granted. Ordered by Judge Nina Gershon on 9/22/2020. (Stephens-Davidowitz, Lauren)
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| Filing 548 Letter to Judge Gershon from End-Payor Plaintiffs regarding response to the Courts September 11, 2020 Minute Order by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 547 Letter to Judge Nina Gershon from M. Sean Royall re redacted version of the letter-motion, Dkt. No. 536 by Allergan, Inc. (Parrott, Matthew) |
| Filing 546 MOTION to Seal Document #539 Letter MOTION for Leave to File Excess Pages / identify the issues it expects to raise at summary judgment - Request to file a Redacted Public Version by Allergan, Inc.. (Attachments: #1 Memorandum in Support) (Parrott, Matthew) |
| Filing 545 AFFIDAVIT/DECLARATION in Support re (71 in 1:19-cv-02563-NG-LB) MOTION for Settlement Unopposed Motion for Certification of Settlement Class, Final Approval of Settlement, Approval of Plan of Allocation, Reimbursement of Expenses and Award of Attorneys' Fees and Service Awards, and Order of Dismissal with Declaration of Tina Chiango Regarding Notice to the Direct Purchaser Class filed by Direct Purchaser Class Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 544 MEMORANDUM in Support re (163 in 1:18-cv-00970-NG-LB, 71 in 1:19-cv-02563-NG-LB, 543 in 1:18-md-02819-NG-LB, 146 in 1:18-cv-00974-NG-LB, 180 in 1:18-cv-00677-NG-LB) MOTION for Settlement Unopposed Motion for Certification of Settlement Class, Final Approval of Settlement, Approval of Plan of Allocation, Reimbursement of Expenses and Award of Attorneys' Fees and Service Awards, and Order of Dismissal with filed by Direct Purchaser Class Plaintiffs. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 543 MOTION for Settlement Unopposed Motion for Certification of Settlement Class, Final Approval of Settlement, Approval of Plan of Allocation, Reimbursement of Expenses and Award of Attorneys' Fees and Service Awards, and Order of Dismissal with Prejudice by Direct Purchaser Class Plaintiffs. (Attachments: #1 Proposed Order) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Set/Reset Scheduling Order: In light of developments in the EPP class action since the parties last reported to the court regarding settlement discussions, and in light of the pending Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class, the parties are directed, by September 17, 2020, to advise the court as to whether they are engaged in settlement discussions. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Set/Reset Hearings: The Fairness Hearing in the DPP action scheduled for September 29, 2020 is adjourned to Thursday, October 1, 2020 at 11:30 a.m. As stated in the court's August 6, 2020 order, the hearing will be held virtually, not in the courthouse. A private WebEx link will be emailed to counsel for plaintiffs and defendant by September 23, 2020 to allow them to participate. The court does not expect anyone else to speak at the hearing since the deadline of August 3, 2020 for proposed class members to opt out, object, or file a notice of intention to appear has passed and no class member has filed any such notice. The public and any interested parties may listen to (but not speak at) the Fairness Hearing through an AT&T teleconference call. The dial-in number is (888) 684-8852. When prompted, the access code is 4324656# and the security code is 2819. Plaintiffs are directed to notify all proposed class members about this information via email and to update the settlement website. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
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Filing 542
Order: As per #491 Parties CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite AID Corp., Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co., Albertsons Companies, Inc. and Allergan, Inc. are hereby dismissed with prejudice. The Clerk of Court is directed to terminate said parties. So Ordered by Judge Nina Gershon on 9/4/2020. (Almonte, Giselle)
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Filing 541
MEMORANDUM AND ORDER ON PLAINTIFFS' MOTION TO COMPEL DOCUMENTS WITHHELD AS PRIVILEGED in case 1:17-cv-06684-NG-LB; granting in part and denying in part #470 Motion to Compel in case 1:18-md-02819-NG-LB. Allergan has not met its burden to show that its communications with the Tribe before September 8, 2017 furthered a shared interest. See Mondis Tech., Ltd. v. LG Elecs., Inc., 2011 WL 1714304, at *34 (E.D. Tex. May 4, 2011; Synopsys, Inc. v. Ricoh Co., Ltd, 2006 WL 2479109, at *2 (N.D. Ca. Aug. 28, 2006). Accordingly, these communications are not subject to 5 the common interest rule, and plaintiffs' motion to compel communications between defendant and the Tribe between August 25 and September 8, 2017 is granted. Second, plaintiffs ask that I order Allergan to elect either to produce contemporaneous communications about its intent in entering into the Tribe deal or to forego reliance on evidence regarding this topic. In response, defendant entitled a subsection of its sur-reply at page 9, "No Preclusion Order is Necessary Because Allergan Will Not Rely On Testimony About Its Subjective Motivations For Entering Into The Tribe Deal." This issue will be treated as moot, and Allergan will be held to its election. Lastly, plaintiffs request production of a document concerning manufacturing standards for Restasis that defendant seeks to claw back. Upon review of the document itself as well as incamera review of the email to which it was attached, I am satisfied that the document is protected by the attorney-client privilege and that defendant properly clawed it back. Ordered by Judge Nina Gershon on 9/1/2020. Associated Cases: 1:18-md-02819-NG-LB et al.(Joe, Victor) Modified on 9/1/2020 (Joe, Victor).
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| Filing 540 USCA MANDATE - Petitioner requests, pursuant to Federal Rule of Civil Procedure 23(f), leave to appeal the District Court's order granting Respondents' motion for class certification. Petitioner also moves for leave to file a reply. Upon due consideration it is hereby ORDERED that the motion for leave to file a reply is GRANTED. It is further ORDERED that the Rule 23(f) petition is DENIED because an immediate appeal is not warranted. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd., 262 F.3d 134, 13940 (2d Cir. 2001). Issued as Mandate: 8/27/20. USCA #20-1603. (McGee, Mary Ann) |
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ORDER granting #539 Motion for Leave to File Excess Pages. The deadlines and page limits set forth in the parties' joint stipulation #538 are approved. In view of the extraordinarily high page limits, I expect the parties to adhere strictly to the principle that reply briefs may contain no new factual matter and no new legal arguments so that there will be no need for sur-reply briefs. Ordered by Judge Nina Gershon on 8/27/2020. (Stephens-Davidowitz, Lauren)
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| Filing 539 Letter MOTION for Leave to File Excess Pages / identify the issues it expects to raise at summary judgment by Allergan, Inc.. (Royall, Michael) |
| Filing 538 STIPULATION and Proposed Order to Revise Case Deadlines and Summary Judgment Motions Page Limits by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 537 Letter to Judge Nina Gershon re Summary Judgment Motions by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 536 Joint MOTION to Seal - Joint Memorandum of Law Regarding the Parties' Proposed Redactions to the Transcript of the October 23, 2019 Hearing on End-Payor Plaintiffs' Motion for Class Certification (Dkt. 525) by Allergan, Inc.. (Parrott, Matthew) |
| Filing 535 REPLY to Response to Motion re #530 MOTION to Seal Document #520 Motion to Strike,, 1 - Sealed Document CV, NOTICE OF MOTION TO SEAL OR REDACT PORTIONS OF ALLERGAN'S EXPERT REPORTS ATTACHED AS EXHIBITS TO END PAYOR PLAINTIFFS' LETTER MOTION TO STRIKE - Dkt. Nos. 520 an filed by Allergan, Inc.. (Parrott, Matthew) |
| Filing 534 Letter to Judge Nina Gershon from Matthew C. Parrott re documents for review in camera by Allergan, Inc. (Parrott, Matthew) |
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ORDER re #533 Stipulation filed by Allergan, Inc. The deadlines set forth in the parties' joint stipulation are approved. Prior to addressing the parties' request to extend the page limits of their summary judgment briefs, the court directs each side to file, by August 25, 2020, a letter no longer than four pages identifying the issues that it intends to raise in its summary judgment motion. The parties are also directed to confer as to whether any of the issues to be raised by EPPs in their motion are merely the converse of the issues to be raised by defendant, in which case the parties shall propose more condensed briefing on those issues. Ordered by Judge Nina Gershon on 8/20/2020. (Stephens-Davidowitz, Lauren)
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ORDER re #470 MOTION to Compel PRODUCTION OF DOCUMENTS WITHHELD AS PRIVILEGED filed by Allergan, Inc. In footnotes 3 and 8 of Allergan, Inc.'s Opposition to Plaintiffs' Motion to Compel Production of Documents Withheld as Privileged, defendant offered to submit two documents for in camera review. By August 21, 2020, defendant should email those documents to Victor Joe. Ordered by Judge Nina Gershon on 8/19/2020. (Stephens-Davidowitz, Lauren)
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| Filing 533 STIPULATION / JOINT STIPULATION AND [PROPOSED] ORDER TO REVISE CASE DEADLINES AND SUMMARY JUDGMENT MOTION PAGE LIMITS by Allergan, Inc. (Parrott, Matthew) |
| Filing 532 RESPONSE to Motion re #530 MOTION to Seal Document #520 Motion to Strike,, 1 - Sealed Document CV, NOTICE OF MOTION TO SEAL OR REDACT PORTIONS OF ALLERGAN'S EXPERT REPORTS ATTACHED AS EXHIBITS TO END PAYOR PLAINTIFFS' LETTER MOTION TO STRIKE - Dkt. Nos. 520 an filed by End-Payor Plaintiffs. (Drachler, Dan) |
| Filing 531 Letter to Hon. Nina Gershon Regarding Requests for Exclusion from Proposed Direct Purchaser Class by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Johnson, Kristen) |
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ORDER re (528 in 1:18-md-02819-NG-LB) Letter, filed by Direct Purchaser Class Plaintiffs. In her letter dated August 10, 2020 regarding the settlement in the DPP action, plaintiffs' counsel did not address whether any entity has excluded itself from the proposed class. By August 18, 2020, counsel shall submit a letter with that information. Ordered by Judge Nina Gershon on 8/13/2020. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 530 MOTION to Seal Document #520 Motion to Strike,, 1 - Sealed Document CV, NOTICE OF MOTION TO SEAL OR REDACT PORTIONS OF ALLERGAN'S EXPERT REPORTS ATTACHED AS EXHIBITS TO END PAYOR PLAINTIFFS' LETTER MOTION TO STRIKE - Dkt. Nos. 520 and 521 by Allergan, Inc.. (Attachments: #1 Memorandum in Support) (Parrott, Matthew) |
| Filing 529 NOTICE by Direct Purchaser Class Plaintiffs Notice of Errata to Memorandum of Law in Support of Direct Purchaser Class Plaintiffs' Motion for Reimbursement of Expenses, an Award of Attorneys' Fees, and Service Awards for the Class Representatives Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Johnson, Kristen) |
| Filing 528 Letter to Hon. Nina Gershon Regarding No Objections Received to Direct Purchaser Class Settlement by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Johnson, Kristen) |
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ORDER denying #520 and #521 Motion to Strike. End-Payor Plaintiffs' motion to strike certain expert reports pursuant to Local Civil Rule 37.3 is denied. Ordered by Judge Nina Gershon on 8/6/2020. (Stephens-Davidowitz, Lauren) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Joe, Victor)
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ORDER denying #520 Motion to Strike. End-Payor Plaintiffs' motion to strike certain expert reports pursuant to Local Civil Rule 37.3 is denied. Ordered by Judge Nina Gershon on 8/6/2020. (Stephens-Davidowitz, Lauren)
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ORDER: The Fairness Hearing in the DPP action scheduled for September 29, 2020 at 10:30 a.m. will be held virtually rather than in the courthouse. The court will provide details about the virtual proceeding closer to the date. Plaintiffs are directed to notify all proposed class members about this change via email and to update the settlement website. Proposed class members were required to opt out, object, or file a notice of intention to appear at the Fairness Hearing by August 3, 2020. The court has not been alerted to any such communication from a proposed class member. By August 10, 2020, the parties shall inform the court as to whether they have received any such communication. Ordered by Judge Nina Gershon on 8/6/2020. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 527 Letter regarding ECF Nos. 525 and 526 by End-Payor Plaintiffs (Shah, Sona) |
| Filing 525 REDACTION of Transcript of October 23, 2019 Oral Argument by End-Payor Plaintiffs (Shah, Sona) |
| Filing 524 RESPONSE in Opposition re #520 Motion to Strike,, 1 - Sealed Document CV, filed by Allergan, Inc.. (Parrott, Matthew) |
| Filing 523 REPLY in Support re #521 Letter MOTION to Strike #520 Motion to Strike,, 1 - Sealed Document CV, (PUBLIC VERSION) filed by End-Payor Plaintiffs. (Attachments: #1 Exhibit A - 2019.11.05 letter, #2 Exhibit B - 2019.12.27 e-mail, #3 Exhibit C - 2020.06.09 e-mail) (Drachler, Dan) |
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ORDER re #520 Motion to Strike,, 1 - Sealed Document CV, filed by End-Payor Plaintiffs. The court has received EPPs' letter motion to strike some of defendant's expert reports. EPPs are directed to reply to defendant's opposition by July 28, 2020. Ordered by Judge Nina Gershon on 7/22/2020. (Stephens-Davidowitz, Lauren)
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| Filing 522 RESPONSE in Opposition re #520 Motion to Strike,, 1 - Sealed Document CV, #521 Letter MOTION to Strike #520 Motion to Strike,, 1 - Sealed Document CV, (PUBLIC VERSION) [Defendant Allergan's Opposition to Motion to Strike Expert Reports] filed by End-Payor Plaintiffs. (Drachler, Dan) |
| Filing 521 Letter MOTION to Strike #520 Motion to Strike,, 1 - Sealed Document CV, (PUBLIC VERSION) by End-Payor Plaintiffs. (Attachments: #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) (Drachler, Dan) |
| Filing 520 Letter MOTION to Strike Expert Reports [filed under seal pursuant to "Stipulated Confidentiality Order" (ECF No. 68)] by End-Payor Plaintiffs. (Attachments: #1 Exhibit 1 - Amended Expert Report of K. Mandakis, #2 Exhibit 2 - Amended Expert Report of K. Hatch, #3 Exhibit 3 - Expert Report of J. Choremis, #4 Exhibit 4 - Expert Report of H. Reis, #5 Exhibit 5 - Expert Report of R. Guha, #6 Exhibit 6 - Final Expert Report of K. Hatch) (Drachler, Dan) |
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ORDER re #509 Status Report filed by End-Payor Plaintiffs. In the Joint Status Report filed May 27, 2020, EPPs and defendant indicated that, because a Notice of Filing of Official Transcript has not been docketed, they had not yet filed motions to seal the transcript from the October 23, 2019 proceeding. The parties need not wait until the filing of such a notice before submitting motions to seal. The parties are directed to agree upon a briefing schedule. Ordered by Judge Nina Gershon on 7/17/2020. (Stephens-Davidowitz, Lauren)
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| Filing 519 Letter to Judge Nina Gershon from Eric B. Fastiff re letter motion to strike by End-Payor Plaintiffs (Fastiff, Eric) |
| Filing 518 AFFIDAVIT/DECLARATION in Support re #516 MOTION for Attorney Fees , Reimbursement of Expenses, and Service Awards for the Class Representatives filed by Direct Purchaser Class Plaintiffs. (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) (Johnson, Kristen) |
| Filing 517 MEMORANDUM in Support re #516 MOTION for Attorney Fees , Reimbursement of Expenses, and Service Awards for the Class Representatives filed by Direct Purchaser Class Plaintiffs. (Johnson, Kristen) |
| Filing 516 MOTION for Attorney Fees , Reimbursement of Expenses, and Service Awards for the Class Representatives by Direct Purchaser Class Plaintiffs. (Johnson, Kristen) |
| Filing 515 REPLY in Support re #510 MOTION to Certify Class Notice of Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class filed by End-Payor Plaintiffs. (Gitlin, Adam) |
| Filing 514 AFFIDAVIT/DECLARATION in Opposition re #510 MOTION to Certify Class Notice of Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class -Declaration of Eric J. Stock in Opposition to End-Payor Plaintiffs' Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class filed by Allergan, Inc.. (Attachments: #1 Exhibit 1 - June 17, 2020 Letter, #2 Exhibit 2- June 23, 2020 Letter) (Stock, Eric) |
| Filing 513 MEMORANDUM in Opposition re #510 MOTION to Certify Class Notice of Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class filed by Allergan, Inc.. (Stock, Eric) |
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ORDER granting #512 Motion for Extension of Time to File Response/Reply. The court approves the parties' revisions to the schedule. Ordered by Judge Nina Gershon on 6/15/2020. (Stephens-Davidowitz, Lauren)
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| Filing 512 MOTION for Extension of Time to File Response/Reply re Case Schedule by Allergan, Inc.. (Attachments: #1 Joint Stipulation re Schedule) (Parrott, Matthew) |
| Filing 511 MOTION for Hearing - Motion for Set-Aside by End-Payor Plaintiffs. (Attachments: #1 Declaration of Dena C. Sharp, #2 Proposed Order) (Sharp, Christina) |
| Filing 510 MOTION to Certify Class Notice of Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class by End-Payor Plaintiffs. (Attachments: #1 Memorandum in Support of End-Payor Plaintiffs' Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class, #2 Declaration of David T. Rudolph In Support of End-Payor Plaintiffs' Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class, #3 Proposed Order Granting End-Payor Plaintiffs' Motion to Authorize Distribution of Class Certification Notice to the End-Payor Class) (Gitlin, Adam) |
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SCHEDULING ORDER: re #509 Status Report filed by End-Payor Plaintiffs. The court approves the parties' proposed schedule. Ordered by Judge Nina Gershon on 6/4/2020. (Stephens-Davidowitz, Lauren)
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| Filing 509 STATUS REPORT (Joint) by End-Payor Plaintiffs (Fastiff, Eric) |
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ORDER re #508 Letter filed by End-Payor Plaintiffs. Having reviewed plaintiffs' counsel's letter filed May 22, 2020 #508 , the court appoints Heins Mills & Olson, P.L.C. and Cafferty Clobes Meriwether & Sprengel LLP as the executive committee for the end-payor plaintiff class. Ordered by Judge Nina Gershon on 5/26/2020. (Stephens-Davidowitz, Lauren)
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| Filing 508 Letter in Response to May 20, 2020 Order by End-Payor Plaintiffs (Fastiff, Eric) |
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ORDER re #501 Order on Motion to Certify Class. On May 5, 2020, the court certified an EPP class and appointed class counsel and liaison counsel #501 . The court's April 4, 2018 order appointing interim class counsel also appointed an End-Payor Executive Committee #51 . Plaintiffs' counsel is directed to submit a letter setting forth their position on the status of the Executive Committee in the wake of class certification. Ordered by Judge Nina Gershon on 5/20/2020. (Stephens-Davidowitz, Lauren)
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Filing 507
ORDER granting (488) Motion for Settlement in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 5/15/2020. (Attachments: #1 Notice to Class). A Fairness hearing is scheduled for September 29, 2020 at 10:30 a.m. (see attached Notice to Class). Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Joe, Victor)
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| Filing 506 MOTION for Extension of Time to File Response/Reply to merits expert reports by Allergan, Inc.. (Attachments: #1 Joint Stipulation and Proposed Order) (Parrott, Matthew) |
| Filing 505 Letter from Thomas M. Sobol to Judge Gershon in response to Fourth Notice to Counsel re Direct Purchaser Class Settlement by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
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ORDER granting #506 Motion for Extension of Time to File Response/Reply. The court approves the schedule set forth in the parties' stipulation. Ordered by Judge Nina Gershon on 5/15/2020. (Stephens-Davidowitz, Lauren)
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| Filing 504 FOURTH NOTICE TO COUNSEL REGARDING DIRECT PURCHASER CLASS SETTLEMENT. (Attachments: #1 Draft- Order Granting Preliminary Approval of the Settlement Between the Direct Purchaser Class Plaintiffs and the Defendant and Other Related Relief, and #2 Draft- Restasis Settlement Notice. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Joe, Victor) |
| Filing 503 Letter from Thomas Sobol to Judge Gershon regarding Amended Versions of Proposed Preliminary Approval Order and Form of Notice by Direct Purchaser Class Plaintiffs (Attachments: #1 Second Amended Proposed Order re Preliminary Approval, #2 Second Amended Proposed Settlement Notice, #3 Declaration of Eric Stock in Response to Third Notice re Direct Purchaser Plaintiffs' Settlement) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
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Filing 502
ORDER in case 1:17-cv-06684-NG-LB; granting (433) Motion in Limine; granting (435) Motion in Limine; granting (436) Motion in Limine; granting (437) Motion in Limine in case 1:18-md-02819-NG-LB Ordered by Judge Nina Gershon on 5/5/2020. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor)
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Filing 501
ORDER in case 1:17-cv-06684-NG-LB; granting (396) Motion to Certify Class in case 1:18-md-02819-NG-LB Ordered by Judge Nina Gershon on 5/5/2020. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor)
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| Filing 500 THIRD NOTICE TO COUNSEL REGARDING DIRECT PURCHASER CLASS SETTLEMENT. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Joe, Victor) |
| Filing 499 Letter from Kristen Johnson to Judge Gershon enclosing Amended Proposed Order and Proposed Notice of Settlement by Direct Purchaser Class Plaintiffs (Attachments: #1 Attachment A - Amended Proposed Order, #2 Attachment B - Amended Proposed Notice of Settlement) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Johnson, Kristen) |
| Filing 498 Letter to Court regarding Status by End-Payor Plaintiffs (Drachler, Dan) |
| Filing 497 SECOND NOTICE TO COUNSEL REGARDING DIRECT PURCHASER CLASS SETTLEMENT. This notice responds to Mr. Sobol's letter of March 27, 2020 and Mr. Stock's letter of March 30, 2020. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Joe, Victor) |
| Filing 496 Letter to Judge Nina Gershon from Eric J. Stock re scheduling issues by Allergan, Inc. (Stock, Eric) |
| Filing 495 Letter from Thomas M. Sobol to Judge Gershon re preliminary approval by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 494 NOTICE TO COUNSEL REGARDING DIRECT PURCHASER CLASS SETTLEMENT. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Marziliano, August) |
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Filing 493
ENDORSED ORDER, granting Jeremy J. Pilaar, Esq.'s #492 Motion to Withdraw as Attorney. The application is granted. SO ORDERED by Magistrate Judge Lois Bloom, on 3/17/2020. (Attorney Jeremy J Pilaar terminated.) (Latka-Mucha, Wieslawa)
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| Filing 492 MOTION to Withdraw as Attorney by 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan. (Attachments: #1 Proposed Order Granting Withdrawal of Counsel) (Pilaar, Jeremy) |
| Filing 491 STIPULATION of Dismissal with Prejudice by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite AID Corp., Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co. (Perwin, Scott) |
| Filing 490 DECLARATION re (488 in 1:18-md-02819-NG-LB) MOTION for Settlement Motion for Certification of a Class for Purposes of Settlement, Preliminary Approval of Settlement, Approval of the Form and Manner of Notice to the Class, Appointment of Claims Administrator and Escrow Agent, and Setting the by Direct Purchaser Class Plaintiffs (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) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 489 MEMORANDUM in Support re (488 in 1:18-md-02819-NG-LB) MOTION for Settlement Motion for Certification of a Class for Purposes of Settlement, Preliminary Approval of Settlement, Approval of the Form and Manner of Notice to the Class, Appointment of Claims Administrator and Escrow Agent, and Setting the filed by Direct Purchaser Class Plaintiffs. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 488 MOTION for Settlement Motion for Certification of a Class for Purposes of Settlement, Preliminary Approval of Settlement, Approval of the Form and Manner of Notice to the Class, Appointment of Claims Administrator and Escrow Agent, and Setting the Final Settlement Schedule and a Date for a Fairness Hearing by Direct Purchaser Class Plaintiffs. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 487 Letter from Thomas M. Sobol to Judge Gershon regarding executed settlement agreement by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 486 NOTICE of Settlement to Judges Nina Gershon and Lois Bloom by Albertsons Companies, Inc., Allergan, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite AID Corp., Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co. (Perwin, Scott) |
| Filing 485 REPLY in Support re #472 MOTION to Seal Document #470 MOTION to Compel PRODUCTION OF DOCUMENTS WITHHELD AS PRIVILEGED filed by Allergan, Inc.. (Parrott, Matthew) |
| Filing 484 Letter to Judge Nina Gershon filed on behalf of Famy Care Limited, Axar Pharmaceuticals Inc., Lupin Pharmaceuticals, Inc and Lupin Atlantis Holdings, S.A. re motions to seal and redact by Allergan, Inc. (Parrott, Matthew) |
| Filing 483 NOTICE of Change of Firm affiliation and address for Rachael Rezabek Once the filing has been made, you must login to www.pacer.gov and update your account. (Royall, Michael) |
| Filing 482 Letter to Judge Nina Gershon filed on behalf of Argentum Pharmaceuticals LLC re motions to seal and redact by Allergan, Inc. (Parrott, Matthew) |
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ORDER re #467 Letter filed by Allergan, Inc. The court thanks defendant for its letter dated December 5, 2019 #467 explaining that it inadvertently filed a letter under seal #460 and, to correct the error, subsequently filed an identical letter publicly #461 . Instead of striking Docket No. 460, the court has unsealed the letter. The court prefers a duplicative docket entry to a missing one. Ordered by Judge Nina Gershon on 1/9/2020. (Stephens-Davidowitz, Lauren)
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| Filing 481 RESPONSE to Motion re #472 MOTION to Seal Document #470 MOTION to Compel PRODUCTION OF DOCUMENTS WITHHELD AS PRIVILEGED filed by All Plaintiffs. (Shah, Sona) |
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Filing 480
ENDORSED ORDER re #476 Letter filed by End-Payor Plaintiffs. Response due by 1/7/2019, Reply due by 1/31/2020. Ordered by Judge Nina Gershon on 12/23/2019. (Barrett, C)
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| Filing 479 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 25, 2019, before Judge Nina Gershon. Court Reporter/Transcriber Georgette K. Betts, Telephone number 718.804.2777. Email address: georgette_betts@nyed.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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/17/2020. Redacted Transcript Deadline set for 1/27/2020. Release of Transcript Restriction set for 3/26/2020. (Betts, Georgette) |
| Filing 478 Letter to Judge Nina Gershon filed on behalf of Apotex Inc. and Apotex Corp. by Mathew C. Parrott re motions to seal and redact by Allergan, Inc. (Parrott, Matthew) |
| Filing 477 REPLY in Support re #456 MOTION to Seal / ALLERGAN INC.'S NOTICE OF MOTION TO REDACT AND SEAL CERTAIN DOCUMENTS RELATED TO END-PAYOR PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by Allergan, Inc.. (Parrott, Matthew) |
| Filing 476 Letter regarding briefing schedule in connection with Allergan Inc.'s Motion to Redact and Seal Certain Documents Related to Plaintiffs' Motion to Compel Production of Documents Withheld as Privileged (ECF No. 472) by End-Payor Plaintiffs (Shah, Sona) |
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Filing 475
JOINT STIPULATION AND ORDER TO REVISE DEADLINES FOR SERVING MERITS EXPERT REPORTS. Ordered by Judge Nina Gershon on 12/17/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 474 STIPULATION - Stipulation and Proposed Order to Revise Deadlines for Serving Merits Expert Reports by Allergan, Inc. (Stock, Eric) |
| Filing 473 NOTICE of Change of Firm affiliation and address for M. Sean Royall and Rich Cunningham Once the filing has been made, you must login to www.pacer.gov and update your account. (Royall, Michael) |
| Filing 472 MOTION to Seal Document #470 MOTION to Compel PRODUCTION OF DOCUMENTS WITHHELD AS PRIVILEGED by Allergan, Inc.. (Attachments: #1 Memorandum in Support) (Parrott, Matthew) |
| Filing 471 RESPONSE to Motion re #456 MOTION to Seal / ALLERGAN INC.'S NOTICE OF MOTION TO REDACT AND SEAL CERTAIN DOCUMENTS RELATED TO END-PAYOR PLAINTIFFS MOTION FOR CLASS CERTIFICATION filed by End-Payor Plaintiffs. (Shah, Sona) |
| Filing 470 MOTION to Compel PRODUCTION OF DOCUMENTS WITHHELD AS PRIVILEGED by Allergan, Inc.. (Attachments: #1 Memorandum in Support of Motion to Compel Production, #2 Declaration in Support of the Motion to Compel Production, #3 Memorandum in Opposition to Motion to Compel Production, #4 Declaration in Opposition to Motion to Compel Production, #5 Declaration in Opposition to Motion to Compel Production, #6 Memorandum in Support Reply in Support of Motion to Compel Production, #7 Declaration in Support of the Motion to Compel Production, #8 Memorandum in Opposition to Motion to Compel Production (Sur-Reply), #9 Declaration in Opposition to Motion to Compel Production) (Stock, Eric) |
| Filing 469 Letter in response to Defendant Allergan, Inc.'s letter dated November 27, 2019 (ECF No. 461) by Direct Purchaser Class Plaintiffs, End-Payor Plaintiffs (Shah, Sona) |
| At the proceeding on September 25, 2019, I ordered the parties to file all fully briefed motions on ECF. The parties have not yet filed Plaintiffs' Motion to Compel Production of Documents Withheld as Privileged, which was served by plaintiffs on June 5, 2019 and fully briefed on August 2, 2019. They are directed to file this motion on ECF immediately. (Stephens-Davidowitz, Lauren) |
| Filing 468 REPLY in Support re #448 Reply in Support, re #396 MOTION to Certify Class filed by End-Payor Plaintiffs. (Pilaar, Jeremy) |
| Filing 467 Letter to Judge Nina Gershon from Matthew C. Parrott re docket submissions and maintainance by Allergan, Inc. (Parrott, Matthew) |
| Filing 466 DECLARATION re #464 Memorandum in Opposition - DECLARATION OF CLIFFORD S. HWANG IN SUPPORT OF ALLERGAN'S RESPONSE TO END-PAYOR PLAINTIFFS' POST-CLASS CERTIFICATION HEARING BRIEF REGARDING STATE LAW ISSUES by Allergan, Inc. (Attachments: #1 Exhibit 4 - SEALED, #2 Exhibit 5 - SEALED) (Stock, Eric) |
| Filing 465 DECLARATION re #464 Memorandum in Opposition - DECLARATION OF CLIFFORD S. HWANG IN SUPPORT OF ALLERGAN'S RESPONSE TO END-PAYOR PLAINTIFFS' POST-CLASS CERTIFICATION HEARING BRIEF REGARDING STATE LAW ISSUES by Allergan, Inc. (Attachments: #1 Exhibit 1 - Statute, #2 Exhibit 2 - Statute, #3 Exhibit 3 - Statute, #4 Exhibit 4 - Under Seal, #5 Exhibit 5 - Under Seal) (Stock, Eric) |
| Filing 464 MEMORANDUM in Opposition re #448 Reply in Support, ALLERGAN'S RESPONSE TO END-PAYOR PLAINTIFFS' POST-CLASS CERTIFICATION HEARING BRIEF REGARDING STATE LAW ISSUES filed by Allergan, Inc.. (Stock, Eric) |
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Filing 463
ENDORSED ORDER re #462 Letter filed by End-Payor Plaintiffs. So Ordered. (Set Deadlines as to #456 Allergan Inc.'s Motion to Redact and Seal Certain Documents Related to End-Payor Plaintiffs' Motion for Class Certification: Response due by 12/11/2019, Reply due by 12/23/2019.) Ordered by Judge Nina Gershon on 12/2/2019. (Barrett, C)
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| Filing 462 Letter regarding briefing schedule in connection with Allergan Inc.'s Motion to Redact and Seal Certain Documents Related to End-Payor Plaintiffs' Motion for Class Certification (ECF No. 456) by End-Payor Plaintiffs (Shah, Sona) |
| Filing 461 Letter to Judge Nina Gershon from Eric J. Stock re settlement agreement confidentiality by Allergan, Inc. (Stock, Eric) |
| Filing 460 Letter to Judge Nina Gershon from Eric Stock re settlement agreement confidentiality by Allergan, Inc. (Stock, Eric) |
| Filing 459 NOTICE of Appearance by Caitlin McHugh on behalf of CVS Pharmacy, Inc., Rite AID Corp., Rite Aid Hdqtrs. Corp. (notification declined or already on case) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-04419-NG-LB, 1:18-cv-04566-NG-LB (McHugh, Caitlin) |
| Filing 458 Letter reply to Allergan regarding the testimony of Brandon Miller by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 457 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number NYEDC-12107422. by CVS Pharmacy, Inc., Rite AID Corp., Rite Aid Hdqtrs. Corp.. (Attachments: #1 Affidavit, #2 PA Certificate of Good Standing, #3 NJ Certificate of Good Standing) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-04419-NG-LB, 1:18-cv-04566-NG-LB (McHugh, Caitlin) |
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ORDER granting #457 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 11/27/2019. (Stephens-Davidowitz, Lauren)
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| Filing 456 MOTION to Seal / ALLERGAN INC.'S NOTICE OF MOTION TO REDACT AND SEAL CERTAIN DOCUMENTS RELATED TO END-PAYOR PLAINTIFFS MOTION FOR CLASS CERTIFICATION by Allergan, Inc.. (Attachments: #1 Memorandum in Support) (Parrott, Matthew) |
| Filing 455 NOTICE by End-Payor Plaintiffs in Further Support of Motion to Redact and Seal Certain Documents Filed in Connection with Class Certification filed on October 29, 2019 (Shah, Sona) |
| Filing 454 Letter regarding ECF Nos. 452 and 453 by End-Payor Plaintiffs (Shah, Sona) |
| Filing 452 REDACTION of Evidentiary Hearing Transcripts dated September 26-27, 2019 by End-Payor Plaintiffs (Attachments: #1 Evidentiary Hearing Transcript - Day 2 (Sept. 27, 2019), #2 Exhibit 1 through 20 [Exs. 3, 4, 13 redacted; Exs. 6, 18-20 filed under seal], #3 Exhibit 21 through 43 [Exs. 28, 36, 40 redacted; Exs. 22, 27, 29-33, 39, 41-43 filed under seal]) (Shah, Sona) |
| Filing 451 Letter to Judge Gershon re DSAs confidentiality by Allergan, Inc. (Parrott, Matthew) |
| Filing 450 Letter Response to Judge Nina Gershon re response to Plaintiffs' November 4, 2019 Letter regarding the testimony of Brandon Miller by Allergan, Inc. (Parrott, Matthew) |
| Filing 449 NOTICE of Appearance by Jeremy J Pilaar on behalf of 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan (notification declined or already on case) (Pilaar, Jeremy) |
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ORDER in case 1:17-cv-06684-NG-LB; granting (447) Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 11/14/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:17-cv-06684-NG-LB, 1:17-cv-06755-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 448 REPLY in Support re #396 MOTION to Certify Class filed by End-Payor Plaintiffs. (Attachments: #1 Declaration of Kyle P. Quackenbush, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Certificate of Service) (Quackenbush, Kyle) |
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ORDER: In motions to seal pending before me, defendant has sought to seal references to the terms of its agreements with certain generic drug companies to settle patent infringement lawsuits. At oral argument on October 23, 2019, defense counsel represented to the court that, while the existence of these settlements is not confidential, the terms of the settlement agreements are. It has come to the court's attention that at least some of the terms of the settlement agreements have been publicly released. Counsel for defendant are directed to scrutinize the public record and to consult with their client to determine exactly which terms of these settlement agreements have not been publicly revealed. Counsel shall submit a letter in which they affirm the contours of this information by November 27, 2019. Plaintiffs' counsel shall respond by December 10, 2019. Ordered by Judge Nina Gershon on 11/12/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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| Filing 447 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12034924. by 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order, #4 Certificate of Service) (Pilaar, Jeremy) |
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Filing 446
JOINT STIPULATION AND ORDER TO EXTEND THE SCHEDULE ON LETTERS DISCUSSING THE IMPACT OF BRANDON MILLER'S TESTIMONY, granting (445) Motion for Extension of Time to File Response/Reply in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 11/6/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG- LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Barrett, C)
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| Filing 445 MOTION for Extension of Time to File Response/Reply to Letter Regarding the Testimony of Brandon Miller by Allergan, Inc.. (Attachments: #1 Proposed Order) (Parrott, Matthew) |
| Filing 444 Letter from Thomas M. Sobol to Judge Gershon regarding the testimony of Mr. Brandon Miller by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 443 NOTICE by End-Payor Plaintiffs re 442 MOTION to Seal Document #397 Motion to Certify Class,, 1 - Sealed Document CV, #400 Response in Opposition to Motion,, 1 - Sealed Document CV, #402 Reply in Support,, 1 - Sealed Document CV, END-PAYOR PLAINTIFFS' NOTICE OF DOCUMENTS FILED IN ERROR (Shah, Sona) |
| Filing 441 Letter regarding Sealed and Redacted Class Certification Documents by End-Payor Plaintiffs (Attachments: #1 Exhibit A - Chart) (Shah, Sona) |
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ORDER: By November 4, 2019, DPPs shall submit a letter, no longer than three pages, setting forth how they believe Brandon Miller's testimony impacts their motion for class certification and defendant's motion to compel arbitration against Meijer. Defendant shall submit a response, also limited to three pages, by November 12, 2019. Plaintiffs may submit a reply, limited to two pages, by November 15, 2019. Ordered by Judge Nina Gershon on 10/24/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Stephens-Davidowitz, Lauren)
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| Minute Entry for proceedings held before Judge Nina Gershon: Case called. Counsel for End-Payor Plaintiffs, Direct Purchaser Plaintiffs, plaintiffs MSP Recovery Claims, Series LLC et al., and defendant in attendance. The court heard oral argument on End-Payor Plaintiffs' Motion for Class Certification #396 , their Motion to Exclude Testimony of Dr. Kathryn Masselam Hatch #435 , and their Motion to Preclude Report and Testimony of Kyriakos (Ken) Mandadakis, O.D. #437 . During oral argument on the alleged impact of state law variations on the class action considerations of predominance and manageability, defendant agreed that some of its arguments were better suited to a motion for summary judgment. By October 30, 2019, defendant will inform EPPs whether it will wait until summary judgment to pursue its arguments on some state statutes' reliance requirements. By November 13, 2019, EPPs will serve and file on ECF a 15-page supplemental brief addressing certain issues related to their state law claims, as discussed at the conference. By that date, EPPs will also serve and file further information indicating how they propose to group states with similar statutes for trial purposes, and which jury questions would be necessary for each group. Defendant will serve and file a 15-page opposition by December 2, 2019. EPPs will serve and file a 10-page reply by December 9, 2019. (Court Reporter Annette Montavlo.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Minute Entry for proceedings held before Judge Nina Gershon: Case called. Counsel for Direct Purchaser Plaintiffs; plaintiffs Walgreen Co., The Kroger Co., and Albertsons Companies, Inc.; and defendant in attendance. The court briefly heard additional oral argument on Direct Purchaser Class Plaintiffs' Motion for Class Certification #407 . The court held an evidentiary hearing on that class certification motion, at which Brandon Miller testified. The court advised the parties regarding issues relating to sealing. (Court Reporter Annette Montavlo.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 440 NOTICE by End-Payor Plaintiffs re #396 MOTION to Certify Class (Supplemental Authority in Support of Motion for Class Certification) (Attachments: #1 Exhibit A - Loestrin Opinion) (Shah, Sona) |
| Filing 438 REDACTION of Joint Submission by End-Payor Plaintiffs and Allergan, Inc. regarding Factual Issues that may need to be resolved as to End-Payor Plaintiffs' Motion for Class Certification by End-Payor Plaintiffs (Drachler, Dan) |
| Filing 437 MOTION in Limine to Preclude Report and Testimony of Kyriakos (Ken) Mandadakis, O.D. Pursuant to Fed. R. Evid. 702 and Daubert (filed under seal pursuant to "Stipulated Confidentiality Order" (ECF No. 68)) by End-Payor Plaintiffs. (Attachments: #1 Memorandum in Support of End-Payor Plaintiffs' Motion to Preclude Report and Testimony, #2 Declaration of Sona R. Shah in Support of End-Payor Plaintiffs' Motion to Preclude Report and Testimony, #3 Exhibit A - D to Shah Declaration [filed under seal], #4 Memorandum in Opposition by Allergan to End-Payor Plaintiffs' Motion to Preclude Report and Testimony, #5 Declaration of Matthew C. Parrott in Support of Allergan's Opposition, #6 Exhibit 1 - 3, 5, 6, 10 - 13 to Parrott Declaration [filed under seal], #7 End-Payor Plaintiffs' Reply in Support of Motion to Preclude Report and Testimony, #8 Declaration of Dan Drachler in Support of End-Payor Plaintiffs' Reply, #9 Exhibit A - B to Drachler Declaration [filed under seal]) (Drachler, Dan) |
| Filing 436 MOTION in Limine to Preclude Report and Testimony of Kyriakos (Ken) Mandadakis, O.D. Pursuant to Fed. R. Evid. 702 and Daubert by End-Payor Plaintiffs. (Attachments: #1 Memorandum in Support of End-Payor Plaintiffs' Motion to Preclude Report and Testimony, #2 Declaration of Sona R. Shah in Support of End-Payor Plaintiffs' Motion to Preclude Report and Testimony, #3 Exhibit A - D to Shah Declaration [Exs. A - D filed under seal], #4 Memorandum in Opposition by Allergan to End-Payor Plaintiffs' Motion to Preclude Report and Testimony, #5 Declaration of Matthew C. Parrott in Support of Allergan's Opposition, #6 Exhibit 1 - 13 to Parrott Declaration [Exs. 1 - 3, 5, 6, 10 - 13 filed under seal], #7 End-Payor Plaintiffs' Reply in Support of Motion to Preclude Report and Testimony, #8 Declaration of Dan Drachler in Support of End-Payor Plaintiffs' Reply, #9 Exhibit A - B to Drachler Declaration [Exs. A - B filed under seal]) (Drachler, Dan) |
| Filing 435 MOTION in Limine to Exclude Testimony of Dr. Kathryn Masselam Hatch (filed under seal pursuant to "Stipulated Confidentiality Order" (ECF No. 68)) by End-Payor Plaintiffs. (Attachments: #1 Memorandum in Support of End-Payor Plaintiffs' Motion to Exclude Testimony of Dr. Kathryn Masselam Hatch, #2 Declaration of Dena C. Sharp in Support of End-Payor Plaintiffs' Motion to Exclude Testimony, #3 Exhibit A - D and G to Sharp Declaration [filed under seal], #4 Memorandum in Opposition by Allergan to End-Payor Plaintiffs' Motion to Exclude Testimony, #5 Declaration of Matthew C. Parrott in Support of Allergan's Opposition, #6 Exhibit 1 - 3, 5, 6, 10 - 13 to Parrott Declaration [filed under seal], #7 End-Payor Plaintiffs' Reply in Support of Motion to Exclude Testimony) (Drachler, Dan) |
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Filing 434
ORDER ALLOWING ALL COUNSEL TO BRING ELECTRONIC DEVICES INTO THE COURTROOM FOR USE DURING THE EVIDENTIARY HEARING ON END-PAYOR PLAINTIFFS' CLASS CERTIFICATION MOTION. Ordered by Judge Nina Gershon on 10/18/2019. (Barrett, C)
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| Filing 433 MOTION in Limine to Exclude Testimony of Dr. Kathryn Masselam Hatch by End-Payor Plaintiffs. (Attachments: #1 Memorandum in Support of End-Payor Plaintiffs' Motion to Exclude Testimony of Dr. Kathryn Masselam Hatch, #2 Declaration of Dena C. Sharp in Support of End-Payor Plaintiffs' Motion to Exclude Testimony, #3 Exhibit A - G to Sharp Declaration [Exs. A - D and G filed under seal], #4 Memorandum in Opposition by Allergan to End-Payor Plaintiffs' Motion to Exclude Testimony, #5 Declaration of Matthew C. Parrott in Support of Allergan's Opposition, #6 Exhibit 1 - 13 to Parrott Declaration [Exs. 1 - 3, 5, 6, 10 - 13 filed under seal], #7 End-Payor Plaintiffs' Reply in Support of Motion to Exclude Testimony) (Drachler, Dan) |
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ORDER granting #430 Motion for Leave to File. Please note that this motion was originally served on 8/20/2019, via email to Judge Gershon's courtroom deputy. The court ruled on the motion on 9/9/2019 (see docket). At a hearing held on 9/25/2019, parties were directed to file the Motion for Leave to File on ECF. (Joe, Victor) - This entry is an attempt to clean up the docket, and remove the gavels from docket 430 and 431.
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ORDER granting #431 Motion for Leave to File. Please note that this motion was originally served on 8/20/2019, via email to Judge Gershon's courtroom deputy. The court ruled on the motion on 9/9/2019 (see docket). At a hearing held on 9/25/2019, parties were directed to file the Motion for Leave to File on ECF. (Joe, Victor) - This entry is an attempt to clean up the docket, and remove the gavels from docket 430 and 431.
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| Filing 432 NOTICE by End-Payor Plaintiffs re #396 MOTION to Certify Class (Attachments: #1 Exhibit A - Loestrin Opinion, #2 Exhibit B - Enoxaparin Opinion, #3 Exhibit C - Suboxone Opinion, #4 Exhibit D - Senne Opinion) (Gitlin, Adam) |
| Filing 431 MOTION for Leave to File Document End-Payor Plaintff's Response to Allergan's Sur-Reply by End-Payor Plaintiffs. (Attachments: #1 Exhibit A - End-Payor Plaintiffs' Response to Allergan's Sur-Reply, #2 Memorandum in Opposition by Allergan to End-Payor Plaintffs' Motion for Leave, #3 Exhibit A to Allergan's Memorandum in Opposition, #4 End-Payor Plaintiffs' Response to Allergan's Submission) (Drachler, Dan) |
| Filing 430 MOTION for Leave to File Document End-Payor Plaintff's Response to Allergan's Sur-Reply by End-Payor Plaintiffs. (Attachments: #1 Exhibit A - End-Payor Plaintiffs' Response to Allergan's Sur-Reply, #2 Memorandum in Opposition by Allergan to End-Payor Plaintiffs' Motion for Leave, #3 Exhibit A to Allergan's Memorandum in Opposition, #4 End-Payor Plaintiffs' Response to Allergan's Submission) (Drachler, Dan) |
| Filing 429 Joint MOTION for Hearing for All Counsel to Bring Electronic Devices into the Courtroom for Use During Oral Argument on End-Payor Plaintiffs' Class Certification Motion by End-Payor Plaintiffs. (Attachments: #1 Proposed Order) (Shah, Sona) |
| Filing 428 NOTICE of Appearance by Anna Higgins on behalf of MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC (notification declined or already on case) Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Higgins, Anna) |
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Filing 427
JOINT STIPULATION AND ORDER TO EXTEND DEADLINES FOR SERVING MERITS EXPERT REPORTS, granting (394) Motion for Extension of Time to Serve in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 10/15/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 426 MOTION to Seal / File a Redacted Document (Dkt. No. 423) by Allergan, Inc.. (Parrott, Matthew) |
| Filing 425 REPLY in Support - ALLERGAN'S REPLY IN SUPPORT OF ITS MOTION TO STAY FURTHER MERITS DEADLINES IN THIS ACTION PENDING RESOLUTION OF THE CLASS CERTIFICATION MOTIONS filed by Allergan, Inc.. (Parrott, Matthew) |
| Filing 424 MEMORANDUM in Opposition - PLAINTIFFS' OPPOSITION TO ALLERGAN'S MOTION TO STAY FURTHER MERITS DEADLINES IN THIS ACTION PENDING RESOLUTION OF THE CLASS CERTIFICATION MOTIONS filed by Allergan, Inc.. (Parrott, Matthew) |
| Filing 423 REDACTION - ALLERGAN'S MEMORANDUM OF LAW IN SUPPORT OF ITS MOTION TO STAY FURTHER MERITS DEADLINES IN THIS ACTION PENDING RESOLUTION OF THE CLASS CERTIFICATION MOTIONS by Allergan, Inc. (Parrott, Matthew) |
| Motion terminated: #397 Motion to Certify Class (filed under seal pursuant to "Stipulated Confidentiality Order" (ECF No. 68)) filed by End-Payor Plaintiffs. Public version filed as #396 Motion to Certify Class. (Barrett, C) |
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ORDER granting #392 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 10/17/2019. (Stephens-Davidowitz, Lauren)
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| Filing 422 Letter to Judge Nina Gershon from Matthew C. Parrott re submission of public versions of previously-filed documents by Allergan, Inc. (Parrott, Matthew) |
| Filing 421 CASE MANAGEMENT STATEMENT Plaintiffs' Joint Statement regarding Trial Plan Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| Filing 420 MOTION to Seal Document (Ex. 34 to Konopka Decl. to End-Payors' Motion for Class Cert., D.I. 396, 397; Exs. 53, 55 to Sharp Decl. to End-Payors' Reply, D.I. 401,402) by Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Chandrika Vira) (Vira, Chandrika) |
| Motion terminated, docketed incorrectly: (40 in 1:19-cv-02563-NG- LB, 412 in 1:18-md-02819-NG-LB) MOTION to Compel REDACTED Allergan's Memorandum of Law in Support of Allergan's Motion to Compel Arbitration Against Meijer and in Opposition to Meijer's Motion to be Appointed as a Class Representative filed by Direct Purchaser Class Plaintiffs. This filing is not a motion but a redaction to ( #32 in 1:19-cv-02563-NG-LB, #389 in 1:18-md-02819-NG-LB) MOTION to Compel Allergan Inc.'s Notice of Motion to Compel Arbitration. Associated Cases: 1:18-md- 02819-NG-LB, 1:19-cv-02563-NG-LB (Barrett, C) |
| Motion terminated, docketed incorrectly: (151 in 1:18-cv-00677-NG- LB, 36 in 1:19-cv-02563-NG-LB, 134 in 1:18-cv-00970-NG-LB, 117 in 1:18-cv-00974-NG-LB, 407 in 1:18-md-02819-NG-LB) MOTION to Certify Class REDACTED Direct Purchaser Plaintiffs' Memorandum of Law for Class Certification filed by Direct Purchaser Class Plaintiffs. This filing is not a motion but a redaction to ( #385 in 1:18-md-02819-NG-LB et al.) MOTION to Certify Class Direct Purchaser Class Plaintiffs' Memorandum of Law for Class Certification filed on 10/4/2019. Associated Cases: 1:18-md- 02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv- 00974-NG-LB, 1:19-cv-02563-NG-LB (Barrett, C) |
| Filing 419 Letter from Thomas M. Sobol to Judge Gershon in response to Allergan's letter regarding motion to compel arbitration against Meijer (dated 7/17/19) by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 418 Letter from Allergan, Inc. to Judge Gershon requesting Motion to Compel Arbitration against Meijer, Inc. and Meijer Distribution, Inc. (dated July 16, 2019) by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 417 NOTICE by Direct Purchaser Class Plaintiffs re (113 in 1:18-cv-00974-NG-LB, 147 in 1:18-cv-00677-NG-LB, 130 in 1:18-cv-00970-NG-LB, 28 in 1:19-cv-02563-NG-LB, 385 in 1:18-md-02819-NG-LB) MOTION to Certify Class Direct Purchaser Class Plaintiffs' Memorandum of Law for Class Certification Joint Submission by Direct Purchaser Class Plaintiffs and Allergan, Inc. regarding Factual Issues that May Need to be Resolved as to Direct Purchaser Plaintiffs' Motion for Class Certification Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 416 Joint MOTION for Leave to File Document Under Seal and Redact Certain Portions of Briefing and Exhibits Related to Direct Purchaser Plaintiffs' Motion for Class Certification by Direct Purchaser Class Plaintiffs. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 415 REPLY in Support re (40 in 1:19-cv-02563-NG-LB) MOTION to Compel REDACTED Allergan's Memorandum of Law in Support of Allergan's Motion to Compel Arbitration Against Meijer and in Opposition to Meijer's Motion to be Appointed as a Class Representative REDACTED Allergan's Reply in Support of Allergan's Motion to Compel Arbitration and Stay Meijer's Claims filed by Direct Purchaser Class Plaintiffs. (Attachments: #1 Declaration of Adam Jantzi in Support of Allergan's Reply in Support of Allergan's Motion to Compel Arbitration and Stay Meijer Claims, #2 Exhibit 13 (Sealed), #3 Exhibit 14 (Public), #4 Exhibit 15 (public)) Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 414 RESPONSE in Opposition re (36 in 1:19-cv-02563-NG-LB) MOTION to Certify Class REDACTED Direct Purchaser Plaintiffs' Memorandum of Law for Class Certification REDACTED Direct Purchaser Meijer's Opposition to Allergan's Motion to Compel Arbitration, REPLY in Opposition re (40 in 1:19-cv-02563-NG-LB, 412 in 1:18-md-02819-NG-LB) MOTION to Compel REDACTED Allergan's Memorandum of Law in Support of Allergan's Motion to Compel Arbitration Against Meijer and in Opposition to Meijer's Motion to be Appointed as a Class Representative filed by Direct Purchaser Class Plaintiffs. (Attachments: #1 Declaration of Thomas Sobol in Support of Direct Purchaser Meijer's Opposition to Allergan's Motion to Compel Arbitration (Redacted), #2 Exhibit 1 (Redacted), #3 Exhibit 2 (Redacted), #4 Exhibit 3 (Public), #5 Exhibit 4 (Redacted), #6 Exhibit 5 (Redacted), #7 Exhibit 6 (Public), #8 Exhibit 7 (Public), #9 Exhibit 8 (Public), #10 Exhibit 9 (Sealed), #11 Exhibit 10 (Sealed), #12 Exhibit 11 (Sealed)) Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 413 REPLY in Support REDACTED Direct Purchaser Plaintiffs' Reply in Support of Meijer's Motion to be Appointed as a Class Representative filed by Direct Purchaser Class Plaintiffs. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 412 MOTION to Compel REDACTED Allergan's Memorandum of Law in Support of Allergan's Motion to Compel Arbitration Against Meijer and in Opposition to Meijer's Motion to be Appointed as a Class Representative by Direct Purchaser Class Plaintiffs. (Attachments: #1 Declaration of Adam Jantzi in Support of Allergan's Motion to Compel Arbitration Against Meijer and Opposition to Meijer's Motion to be Appointed as a Class Representative, #2 Exhibit 1 (Sealed), #3 Exhibit 2 (Sealed), #4 Exhibit 3 (Redacted), #5 Exhibit 4 (Public), #6 Exhibit 5 (Redacted), #7 Exhibit 6 (Public), #8 Exhibit 7 (Public), #9 Exhibit 8 (Public), #10 Exhibit 9 (Redacted), #11 Exhibit 10 (Public), #12 Exhibit 11 (Public), #13 Exhibit 12 (Filed Under Seal)) Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 411 REPLY in Opposition re (407 in 1:18-md-02819-NG-LB) MOTION to Certify Class REDACTED Direct Purchaser Plaintiffs' Memorandum of Law for Class Certification REDACTED Allergan's Sur-reply in Opposition to Direct Purchaser Class Plaintiffs' Motion for Class Certification filed by Direct Purchaser Class Plaintiffs. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 410 REPLY in Support re (407 in 1:18-md-02819-NG-LB) MOTION to Certify Class REDACTED Direct Purchaser Plaintiffs' Memorandum of Law for Class Certification REDACTED Direct Purchaser Class Plaintiffs' Reply Memorandum of Law for Class Certification filed by Direct Purchaser Class Plaintiffs. (Attachments: #1 Declaration of Ellen Noteware in Support of Direct Purchaser Plaintiffs' Reply Memorandum of Law for Class Certification, #2 Exhibit 1 (Redacted), #3 Exhibit 2 (Redacted), #4 Exhibit 3 (Redacted), #5 Exhibit 4 (Redacted), #6 Exhibit 5 (Sealed), #7 Exhibit 6 (Public), #8 Exhibit 7 (Sealed), #9 Exhibit 8 (Public), #10 Exhibit 9 (Public), #11 Exhibit 10 (Sealed), #12 Exhibit 11 (Redacted), #13 Exhibit 12 (Sealed), #14 Exhibit 13 (Sealed), #15 Exhibit 14 (Sealed), #16 Exhibit 15 (Sealed), #17 Exhibit 16 (Sealed), #18 Exhibit 17 (Public), #19 Exhibit 18 (Redacted), #20 Exhibit 19 (Sealed), #21 Exhibit 20 (Public), #22 Exhibit 21 (Redacted)) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 409 MEMORANDUM in Opposition re (407 in 1:18-md-02819-NG-LB) MOTION to Certify Class REDACTED Direct Purchaser Plaintiffs' Memorandum of Law for Class Certification REDACTED Allergan's Memorandum of Law in Opposition to Direct Purchaser Class Plaintiffs' Motion for Class Certification filed by Direct Purchaser Class Plaintiffs. (Attachments: #1 Declaration of Adam Jantzi in Support of Allergan's Opposition to Direct Purchaser Class Plaintiffs' Motion for Class Certification, #2 Exhibit 1 (Sealed), #3 Exhibit 2 (Sealed), #4 Exhibit 3 (Sealed), #5 Exhibit 4 (Sealed), #6 Exhibit 5 (Public), #7 Exhibit 6 (Sealed), #8 Exhibit 7 (Sealed), #9 Exhibit 8 (Sealed), #10 Exhibit 9 (Public), #11 Exhibit 10 (Public), #12 Exhibit 11 (Redacted), #13 Exhibit 12 (Redacted), #14 Exhibit 13 (Sealed), #15 Exhibit 14 (Sealed), #16 Exhibit 15 (Sealed), #17 Exhibit 16 (Sealed), #18 Exhibit 17 (Sealed), #19 Exhibit 18 (Sealed), #20 Exhibit 19 (Sealed), #21 Exhibit 20 (Sealed), #22 Exhibit 21 (Sealed), #23 Exhibit 22 (Sealed), #24 Exhibit 23 (Sealed), #25 Exhibit 24 (Sealed), #26 Exhibit 25 (Sealed), #27 Exhibit 26 (Sealed), #28 Exhibit 27 (Sealed), #29 Exhibit 28 (Redacted), #30 Exhibit 29 (Redacted), #31 Exhibit 30 (Redacted), #32 Exhibit 31 (Redacted), #33 Exhibit 32 (Sealed), #34 Exhibit 33 (Redacted), #35 Exhibit 34 (Public), #36 Exhibit 35 (Public), #37 Exhibit 36 (Public), #38 Exhibit 37 (Public), #39 Exhibit 38 (Public), #40 Exhibit 39 (Sealed), #41 Exhibit 40 (Public), #42 Exhibit 41 (Redacted), #43 Exhibit 42 (Sealed), #44 Exhibit 43 (Sealed), #45 Exhibit 44 (Sealed), #46 Exhibit 45 (Public), #47 Exhibit 46 (Public), #48 Exhibit 47 (Public), #49 Exhibit 48 (Public), #50 Exhibit 49 (Public), #51 Exhibit 50 (Public), #52 Exhibit 51 (Sealed), #53 Exhibit 52 (Sealed), #54 Exhibit 53 (Public), #55 Exhibit 54 (Sealed)) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 408 Consent MOTION to Seal / ALLERGAN INC.'S UNOPPOSED MOTION FOR LEAVE TO FILE UNDER SEAL REDACTIONS OF ALLERGAN'S PRESENTATION USED AT THE SEPTEMBER 25, 2019 HEARING ON THE DIRECT PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION by Allergan, Inc.. (Parrott, Matthew) |
| Filing 407 MOTION to Certify Class REDACTED Direct Purchaser Plaintiffs' Memorandum of Law for Class Certification by Direct Purchaser Class Plaintiffs. (Attachments: #1 Declaration Declaration of Ellen Noteware in Support of Direct Purchaser Plaintiffs' Memorandum of Law for Class Certification (Public), #2 Exhibit 1 (Redacted), #3 Exhibit 2 (Public), #4 Exhibit 3 (Public), #5 Exhibit 4 (Public), #6 Exhibit 5 (Public), #7 Exhibit 6 (Public), #8 Exhibit 7 (Public), #9 Exhibit 8 (Public), #10 Exhibit 9 (Public), #11 Exhibit 10 (Public), #12 Exhibit 11 (Public), #13 Exhibit 12 (Public), #14 Exhibit 13 (Public), #15 Exhibit 14 (Public), #16 Exhibit 15 (Public), #17 Exhibit 16 (Public), #18 Exhibit 17 (Public), #19 Exhibit 18 (Public), #20 Exhibit 19 (Public), #21 Exhibit 20 (Public), #22 Exhibit 21 (Public), #23 Exhibit 22 (Sealed), #24 Exhibit 23 (Public), #25 Exhibit 24 (Public), #26 Exhibit 25 (Public), #27 Exhibit 26 (Public), #28 Exhibit 27 (Sealed), #29 Exhibit 28 (Public), #30 Exhibit 29 (Sealed), #31 Exhibit 30 (Public), #32 Exhibit 31 (Public), #33 Exhibit 32 (Public), #34 Exhibit 33 (Public), #35 Exhibit 34 (Sealed)) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 406 REDACTION - ALLERGAN'S PRESENTATION USED AT THE SEPTEMBER 25, 2019 HEARING ON THE DIRECT PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. by Allergan, Inc. (Parrott, Matthew) |
| Filing 405 REPLY in Support re (32 in 1:19-cv-02563-NG-LB, 389 in 1:18-md-02819-NG-LB) MOTION to Compel Allergan Inc.'s Notice of Motion to Compel Arbitration Allergan's Reply in Support of Allergan's Motion to Compel Arbitration and Stay Meijer's Claims filed by Direct Purchaser Class Plaintiffs. (Attachments: #1 Declaration of Adam Jantzi in Support of Allergan's Reply in Support of Allergan's Motion to Compel Arbitration and Stay Meijer's Claims, #2 Exhibit 13 (filed under seal), #3 Exhibit 14 (public), #4 Exhibit 15 (public)) Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 404 REPLY in Opposition re #396 MOTION to Certify Class (filed under seal pursuant to "Stipulated Confidentiality Order" (ECF No. 68)) filed by End-Payor Plaintiffs. (Attachments: #1 Declaration of Jason C. McKenney, #2 Exhibit 32 - 35, 38 and 40 to McKenney Declaration [FILED UNDER SEAL], #3 Exhibit 42 - 46 and 48 to McKenney Declaration [FILED UNDER SEAL], #4 Exhibit 49, 50, 55, 56 and 58 to McKenney Declaration [FILED UNDER SEAL]) (Drachler, Dan) |
| Filing 403 REPLY in Opposition re #396 MOTION to Certify Class filed by End-Payor Plaintiffs. (Attachments: #1 Declaration of Jason C. McKenney, #2 Exhibit 32 - 40 to McKenney Declaration [Exs. 32 - 35, 38 and 40 filed under seal], #3 Exhibit 41 - 49 to McKenney Declaration [Exs. 42 - 46, 48 and 49 filed under seal], #4 Exhibit 50 - 58 to McKenney Declaration [Exs. 50, 55, 56 and 58 filed under seal]) (Drachler, Dan) |
| Filing 402 REPLY in Support re #396 MOTION to Certify Class (filed under seal pursuant to "Stipulated Confidentiality Order" (ECF No. 68)) filed by End-Payor Plaintiffs. (Attachments: #1 Declaration of Dena C. Sharp, #2 Exhibit 47 - 57 to Sharp Declaration [FILED UNDER SEAL]) (Drachler, Dan) |
| Filing 401 REPLY in Support re #396 MOTION to Certify Class filed by End-Payor Plaintiffs. (Attachments: #1 Declaration of Dena C. Sharp, #2 Exhibit 47 - 58 to Sharp Declaration [Exs. 47 - 57 filed under seal]) (Drachler, Dan) |
| Filing 400 RESPONSE in Opposition re #396 MOTION to Certify Class (filed under seal pursuant to "Stipulated Confidentiality Order" (ECF No. 68)) filed by End-Payor Plaintiffs. (Attachments: #1 Declaration of Adam J. Jantzi, #2 Exhibit 1-2 to Jantzi Declaration [FILED UNDER SEAL], #3 Exhibit 3-12, 14-17, 21-26, and 31 to Jantzi Declaration [FILED UNDER SEAL]) (Fastiff, Eric) |
| Filing 399 MEMORANDUM in Opposition re #396 MOTION to Certify Class filed by End-Payor Plaintiffs. (Attachments: #1 Declaration of Adam J. Jantzi in Support of Allergan's Opposition to End-Payor Plaintiffs' Motion for Class Certification, #2 Exhibit 1-31) (Fastiff, Eric) |
| Filing 398 Letter to the Honorable Nina Gershon re commencement of filing motion for class certification and related documents by End-Payor Plaintiffs (Fastiff, Eric) |
| Filing 397 MOTION to Certify Class (filed under seal pursuant to "Stipulated Confidentiality Order" (ECF No. 68)) by End-Payor Plaintiffs. (Attachments: #1 Memorandum in Support of Motion for Class Action [FILED UNDER SEAL], #2 Declaration of Kathleen M. Konopka, #3 Exhibit 1-4, 9-15, 28, 30-38, 45-46 to Konopka Declaration, [FILED UNDER SEAL]) (Fastiff, Eric) |
| Filing 396 MOTION to Certify Class by End-Payor Plaintiffs. (Attachments: #1 Memorandum in Support of Motion for Class Action [REDACTED], #2 Declaration of Kathleen M. Konopka, #3 Exhibit 1-16 to Konopka Declaration [Exs. 1-4, 9-15 filed under seal], #4 Exhibit 17-46 to Konopka Declaration [Exhibits 28, 30-38, 45-46 filed under seal]) (Fastiff, Eric) |
| Filing 395 APPLICATION (393) for Refund of Fees Paid Electronically in case 1:18-md-02819-NG-LB APPROVED by August Marziliano, Operations Manager on 10/9/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Marziliano, August) |
| Filing 394 Consent MOTION for Extension of Time to File /Serve Merits Expert Reports by Allergan, Inc.. (Stock, Eric) |
| Filing 393 MOTION for Refund of Fees Paid Electronically by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Receipt# ANYEDC-11918742, #2 Receipt# ANYEDC-11918827) Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Higgins, Anna) |
| Filing 392 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number NYEDC-11918827. by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Affidavit of Anna Higgins, #2 LA Certificate of Good Standing, #3 Certificate of Service) Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Higgins, Anna) |
| Filing 391 MEMORANDUM in Opposition re (32 in 1:19-cv-02563-NG-LB, 389 in 1:18-md-02819-NG-LB) MOTION to Compel Allergan Inc.'s Notice of Motion to Compel Arbitration Direct Purchaser Meijer's Opposition to Allergan's Motion to Compel Arbitration filed by Direct Purchaser Class Plaintiffs. (Attachments: #1 Declaration of Thomas M. Sobol In Support of Direct Purchaser Meijer's Opposition to Allergan's Motion to Compel Arbitration (filed under seal), #2 Exhibits 1-11 with exhibits 4-5 and 9-11 filed under seal) Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 390 MEMORANDUM in Support re (7 in 1:19-cv-02563-NG-LB, 288 in 1:18-md-02819-NG-LB) Letter Direct Purchaser Plaintiffs' Reply In Support Of Meijer's Motion to be Appointed as a Class Representative (filed under seal) filed by Direct Purchaser Class Plaintiffs. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 389 MOTION to Compel Allergan Inc.'s Notice of Motion to Compel Arbitration by Direct Purchaser Class Plaintiffs. (Attachments: #1 Allergan's Memorandum of Law In Support Of Allergan's Motion to Compel Arbitration Against Meijer and In Opposition to Meijer's Motion to be Appointed as a Class Representative, #2 Declaration of Adam J. Jantzi In Support Of Allergan's Motion to Compel Arbitration and Opposition to Meijer's Motion to be Appointed as a Class Representative, #3 Exhibits 1-12 with exhibits 1-5, 7, 9, and 12 filed under seal) Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 388 REPLY in Opposition re (385 in 1:18-md-02819-NG-LB) MOTION to Certify Class Direct Purchaser Class Plaintiffs' Memorandum of Law for Class Certification Allergan's Sur-Reply In Opposition to Direct Purchaser Class Plaintiffs' Motion for Class Certification filed by Direct Purchaser Class Plaintiffs. (Attachments: #1 Declaration of Adam J. Jantzi In Support Of Allergan's Sur-Reply in Opposition to Direct Purchaser Class Plaintiffs' Motion for Class Certification, #2 Exhibits 55-63 with exhibits 58, 60, and 61 filed under seal) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 387 REPLY in Support re (385 in 1:18-md-02819-NG-LB) MOTION to Certify Class Direct Purchaser Class Plaintiffs' Memorandum of Law for Class Certification Direct Purchaser Class Plaintiffs' Reply Memorandum of Law for Class Certification filed by Direct Purchaser Class Plaintiffs. (Attachments: #1 Declaration of Ellen T. Noteware In Support Of Direct Purchaser Plaintiffs' Reply Memorandum of Law for Class Certification, #2 Exhibits 1-21 filed under seal) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 386 MEMORANDUM in Opposition re (385 in 1:18-md-02819-NG-LB) MOTION to Certify Class Direct Purchaser Class Plaintiffs' Memorandum of Law for Class Certification Allergan's Memorandum of Law In Opposition to Direct Purchaser Class Plaintiffs' Motion for Class Certification filed by Direct Purchaser Class Plaintiffs. (Attachments: #1 Declaration of Adam Jantzi In Support of Allergan's Opposition to Direct Purchaser Class Plaintiffs' Motion for Class Certification (Filed Under Seal), #2 Exhibits 1-54 with Exhibits 1-8, 11-34, 40-44, 51-52, and 53 filed under seal) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 385 MOTION to Certify Class Direct Purchaser Class Plaintiffs' Memorandum of Law for Class Certification by Direct Purchaser Class Plaintiffs. (Attachments: #1 Memorandum in Support Direct Purchaser Class Plaintiffs' Memorandum of Law for Class Certification, #2 Declaration Declaration of Ellen T. Noteware In Support Of Direct Purchaser Plaintiffs' Memorandum of Law for Class Certification, #3 Exhibit 1-34 to Declaration of Ellen Noteware, #4 Proposed Order Granting Direct Purchaser Class Plaintiffs' Motion for Class Certification, #5 Direct Purchaser Class Plaintiffs' Proposed Trial Plan) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 384 NOTICE of Change of Address for Natalie Finkelman Bennett and Jayne A. Goldstein Once the filing has been made, you must login to www.pacer.gov and update your account. Associated Cases: 1:18-md-02819-NG-LB et al. (Goldstein, Jayne) |
| Filing 383 MOTION for Leave to Electronically File Document under Seal Unopposed Motion for Leave to File Under Seal Documents Presented to the Court on 9/25/19 by Direct Purchaser Class Plaintiffs. (Attachments: #1 Attachment A, #2 Attachment B) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
| Filing 382 Letter to Judge Gershon regarding Final PTAB decisions on Restasis Patents by All Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| Filing 381 NOTICE by Direct Purchaser Class Plaintiffs of Supplemental Authority in Support of Direct Purchaser Plaintiffs' Motion for Class Certification (Kohn, Peter) |
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ORDER: Defendant moved to stay further merits deadlines in this action pending resolution of the class certification motions. On September 25, 2019, I heard oral argument on defendant's motion. The motion is granted in part and denied in part. The parties shall serve their merits expert reports in accordance with the Revised Schedule as of July 24, 2019 (Docket No. 333), subject to any revisions the parties agree to among themselves. Summary judgment briefing, however, will be stayed until the court issues its decisions on both class certification motions. Ordered by Judge Nina Gershon on 10/1/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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| Minute Entry for proceedings held before Judge Nina Gershon: Evidentiary Hearing held on 9/27/2019. Case called. Counsel for the End-Payor Plaintiffs and defendant in attendance. Also present were Bradley J. DeMuth, Esq. for the Direct Purchaser Plaintiffs as well as counsel for Akorn Inc., Mylan Pharmaceuticals, Inc., and Teva Pharmaceuticals, Inc. The evidentiary hearing on End-Payor Plaintiffs' Motion for Class Certification continued. Dr. James W. Hughes completed his testimony. Dr. Kyriakos Mandadakis, Todd Clark, and Dr. Richard G. Frank testified. (Court Reporter Georgette Betts.) (Joe, Victor) |
| Minute Entry for proceedings held before Judge Nina Gershon: Evidentiary Hearing held on 9/26/2019. Case called. Counsel for the End-Payor Plaintiffs and defendant in attendance. Also present were Bradley J. DeMuth, Esq. for the Direct Purchaser Plaintiffs as well as counsel for Akorn Inc., Mylan Pharmaceuticals, Inc., and Teva Pharmaceuticals, Inc. The court held an evidentiary hearing on End-Payor Plaintiffs' Motion for Class Certification. Laura R. Craft, Dr. Kathryn Masselam Hatch, and Dr. James W. Hughes testified. (Court Reporter Georgette Betts.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
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ORDER denying #375 Motion to Seal. The court denied defendant's Motion to Seal the courtroom during all three days of the class certification proceedings (as noted in the minute entry dated 9/25/2019). Ordered by Judge Nina Gershon on 9/25/2019. (Joe, Victor)
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| Minute Entry for proceedings held before Judge Nina Gershon: Case called. All parties in attendance. Counsel for Mylan Pharmaceuticals, Inc. also present. The court denied defendant's Motion to Seal #375 the courtroom during all three days of the class certification proceedings. The court granted the Third-Party Generics request to seal #380 all references to their confidential business information during the class certification proceedings. The court heard oral argument on Direct Purchaser Plaintiffs' Motion for Class Certification, Allergan's Motion to Compel Arbitration, and Allergan's Motion to Stay Further Merits Deadlines in this Action Pending Resolution of the Class Certification Motions. The court ordered the parties to file all fully briefed motions on ECF. The court ordered the DPPs and the EPPs, as well as the Retailer Plaintiffs, to meet and confer regarding their respective trial plans and to be prepared to discuss them at the proceeding on October 23, 2019. The court will hear Brandon Miller's testimony, which relates to the DPPs' class certification motion, on October 22, 2019 at 10 a.m. (Court Reporter Georgette Betts.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 380 Letter to the Honorable Nina Gershon from non-party generics in support of Dkt No 375 (Letter Motion to Seal by Allergan) by Mylan Pharmaceuticals, Inc. (Fodeman, Morris) |
| Filing 379 NOTICE of Appearance by Jason McKenney on behalf of Allergan, Inc. (notification declined or already on case) (McKenney, Jason) |
| Filing 378 Letter in Response to Court's Order regarding witness order by End-Payor Plaintiffs (Fastiff, Eric) |
| Filing 377 RESPONSE to Motion re #375 Letter MOTION to Seal filed by End-Payor Plaintiffs. (Drachler, Dan) |
| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Settlement Conference held on 9/24/2019. (FTR Log #9:13-12:32; 1:45-5:11; 5:49-5:52.) (Burks, Jory) |
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ORDER: By 5 p.m. today, the parties shall inform the court which witnesses will be testifying at the evidentiary hearing on the EPPs' motion for class certification, in what order, and on which days. Ordered by Judge Nina Gershon on 9/24/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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ORDER: At the proceeding on September 25, 2019, the court will hear oral argument on defendant's Motion to Stay Further Merits Deadlines in this Action Pending Resolution of the Class Certification Motions. Ordered by Judge Nina Gershon on 9/24/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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| Filing 376 Letter MOTION for Hearing / Request to hold oral argument on the Daubert Motions by Allergan, Inc.. (Stock, Eric) |
| Filing 375 Letter MOTION to Seal by Allergan, Inc.. (Parrott, Matthew) |
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ORDER: The Court held separate settlement conferences with the Direct Purchaser Plaintiffs ("DPPs"), End-Payor Plaintiffs ("EPPs"), Retailer Plaintiffs ("RPs") and defendant on September 23, 2019. The parties did not settle the case. The Court urges the parties to continue their settlement discussions. Ordered by Magistrate Judge Lois Bloom on 9/23/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Burks, Jory)
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ORDER: Defendant's request that the court hear oral argument on the EPPs' Daubert Motions at the proceeding on October 23, 2019 is granted. Ordered by Judge Nina Gershon on 9/23/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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Filing 374
ORDER ALLOWING ALL COUNSEL TO BRING ELECTRONIC DEVICES INTO THE COURTROOM FOR USE DURING THE EVIDENTIARY HEARING ON DIRECT-PURCHASER PLAINTIFFS' CLASS CERTIFICATION MOTION. Ordered by Judge Nina Gershon on 9/20/2019. (Barrett, C)
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| Filing 373 NOTICE of Appearance by Barry L. Refsin on behalf of CVS Pharmacy, Inc., Rite AID Corp., Rite Aid Hdqtrs. Corp. (aty to be noticed) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-04419-NG-LB, 1:18-cv-04566-NG-LB (Refsin, Barry) |
| Filing 372 Joint MOTION for Hearing Notice of joint motion to allow all counsel to bring electronic devices into the courtroom for use during the evidentiary hearing on Direct-Purchaser Plaintiffs Class Certification Motion by Direct Purchaser Class Plaintiffs. (Attachments: #1 Proposed Order) (Kaplan, Robert) |
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Filing 371
ORDER ALLOWING ALL COUNSEL AND EXPERTS TO BRING ELECTRONIC DEVICES INTO THE COURTROOM FOR USE DURING THE EVIDENTIARY HEARING ON END-PAYOR PLAINTIFFS' CLASS CERTIFICATION MOTION. Ordered by Judge Nina Gershon on 9/19/2019. (Barrett, C)
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| Filing 370 Joint MOTION for Hearing Experts and Counsel to Bring Electronic Devices into the Courtroom for Use During the Evidentiary Hearing by End-Payor Plaintiffs. (Attachments: #1 Proposed Order) (Drachler, Dan) |
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Filing 369
NOTICE TO COUNSEL REGARDING THE EVIDENTIARY HEARING AND ORAL ARGUMENT ON DPPS' CLASS CERTIFICATION MOTION. At the proceeding scheduled for 10 a.m. on 9/25/2019, the court will hear oral argument on the DPPs' motion for class certification. The court reiterates that all parties must attend the proceedings on 9/25/2019. Ordered by Judge Nina Gershon on 9/18/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 368 TRANSCRIPT of Proceedings held on August 9, 2019, before Judge Bloom. Court Reporter/Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/7/2019. Redacted Transcript Deadline set for 10/17/2019. Release of Transcript Restriction set for 12/16/2019. (Hong, Loan) |
| Filing 367 Letter from Adam Gitlin transmitting reprinted courtesy copy of April 10, 2019 Declaration of Dr. Richard Frank by End-Payor Plaintiffs (Attachments: #1 Declaration of Dr. Richard Frank) Associated Cases: 1:18-md-02819-NG-LB et al. (Gitlin, Adam) |
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Filing 366
NOTICE TO COUNSEL REGARDING THE EVIDENTIARY HEARING AND ORAL ARGUMENT ON EPFS' CLASS CERTIFICATION MOTION. The evidentiary hearing on the EPPs' motion for class certification will be held on September 26 and 27, 2019. The court will sit from 10 a.m. to 4 p.m. Oral argument on class certification will be held on October 23, 2019 at 10 a.m. If time permits after testimony concludes on September 27, 2019, the court will hear brief oral argument on the EPFs' Daubert motions. Otherwise, oral argument on the Daubert motions will also occur on October 23, 2019. Ordered by Judge Nina Gershon on 9/11/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 365 STATUS REPORT Joint Submission by End-Payor Plaintiffs and Allergan, Inc. in Response to the Court's September 6, 2019 Order by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 364 NOTICE of Appearance by Joshua A. Davis on behalf of Self Insured Schools of California (notification declined or already on case) (Davis, Joshua) |
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ORDER: End-Payor Plaintiffs' motion for leave to file a response to Allergan's Sur-Reply in Further Opposition to End-Payor Plaintiffs' Motion for Class Certification is granted. Allergan is also permitted to file its Notice of Supplemental Authority and Response to End-Payor Plaintiffs' Response to Allergan's Sur-Reply. The court, however, agrees with plaintiffs that they are entitled to the final word. Therefore, by September 18, 2019, EPPs may submit a final brief, limited to three pages, in response to Allergan's most recent submission. Ordered by Judge Nina Gershon on 9/9/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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| Filing 363 Letter from Thomas Sobol to Allergan, Inc. regarding Notice of Service of DPP Meijer's Opposition to Allergan's Motion to Compel Arbitration, DPPs' Reply to Allergan's Opposition to Appoint Meijer as a Class Representative, and Supporting Materials by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02563-NG-LB (Sobol, Thomas) |
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ORDER granting (362) Motion for Extension of Time to File. The deadline to submit the parties' joint submission identifying factual disputes related to the DPPs' motion for class certification is extended from September 6, 2019 to September 13, 2019. Ordered by Judge Nina Gershon on 9/6/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Stephens-Davidowitz, Lauren)
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ORDER in case 1:17-cv-06684-NG-LB; granting (360) Motion to Withdraw as Attorney. Attorney Jack Wesley Hill terminated in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 9/6/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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ORDER: Defendant's request for an evidentiary hearing on the EPPs' class certification motion is granted. Plaintiffs' request to meet and confer with defendant on the structure, scope, and timing of the hearing is also granted. The parties are directed to submit a report to the court by September 10, 2019 at 5 p.m. Ordered by Judge Nina Gershon on 9/6/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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| Filing 362 Letter MOTION for Extension of Time to File joint submission identifying factual disputes related to the DPPs' motion for class certification by Allergan, Inc.. (Stock, Eric) |
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Filing 361
ORDER AMENDING STIPULATED CONFIDENTIALITY ORDER. Ordered by Judge Nina Gershon on 9/4/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Barrett, C)
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ORDER: Because issues may arise at the class certification hearings that involve other aspects of this multi-district litigation, the court expects all parties to attend the proceedings on both September 25 and 26, 2019. Ordered by Judge Nina Gershon on 9/5/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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| Filing 360 MOTION to Withdraw as Attorney Regarding Wesley Hill by Allergan, Inc.. Associated Cases: 1:18-md-02819-NG-LB et al. (Stock, Eric) |
| Filing 359 RESPONSE to Motion re #352 Letter MOTION to Amend/Correct/Supplement #68 Order on Motion for Protective Order filed by All Defendants. (Parrott, Matthew) |
| Filing 358 Letter from Peter Kohn to the Honorable Nina Gershon, regarding ECF No. 352, by Rochester Drug Cooperative, Inc (Kohn, Peter) |
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ORDER granting (356) Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 9/4/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00968-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 357 Letter to Judge Nina Gershon from Eric J. Stock re: Allergan's Motion to Stay by Allergan, Inc. Associated Cases: 1:18-md-02819-NG-LB et al. (Stock, Eric) |
| Filing 356 MOTION to Appear Pro Hac Vice for Joshua P. Davis Filing fee $ 150, receipt number ANYEDC-11813553. by Self Insured Schools of California. (Attachments: #1 Affidavit of Joshua P. Davis, #2 Certificate of Good Standing, #3 Certificate of Service) (Davis, Joshua) |
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ORDER granting #351 Motion to Withdraw as Attorney. Attorney Jason McKenney terminated. Ordered by Judge Nina Gershon on 9/3/2019. (Stephens-Davidowitz, Lauren)
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SCHEDULING ORDER: The court grants Direct Purchaser Plaintiffs' request for an extension to September 6, 2019 to file their reply to Allergan's supplemental class certification brief and motion to compel arbitration against Meijer. The court further grants Allergan's request to file by September 18, 2019 a reply limited to its motion to compel arbitration. Ordered by Judge Nina Gershon on 8/29/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Mettham, Suzanna)
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| Filing 355 Letter to Court Regarding Allergan's Response to EPPs' Motion for Leave to File Response to Allergan's Sur-reply by End-Payor Plaintiffs (Drachler, Dan) |
| Filing 354 Letter to Judge Gershon requesting extension to file reply re Allergan's supplemental Meijer brief by Direct Purchaser Class Plaintiffs (Johnson, Kristen) |
| Filing 353 Letter from Peter Kohn to the Honorable Nina Gershon, enclosing courtesy copies of plaintiff Rochester Drug Co-Operative, Inc.'s letter motion to amend the Stipulated Confidentiality Order and attached exhibits by Rochester Drug Cooperative, Inc (Kohn, Peter) |
| Filing 352 Letter MOTION to Amend/Correct/Supplement #68 Order on Motion for Protective Order by Rochester Drug Cooperative, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Proposed Order) (Kohn, Peter) |
| Filing 351 MOTION to Withdraw as Attorney by Allergan, Inc.. (McKenney, Jason) |
| Filing 350 Letter to Judge Nina Gershon from Eric J. Stock re: Allergan's Motion to Compel Arbitration Against Meijer and Opposition to Meijer's Motion to be Appointed a Class Representative by Allergan, Inc. (Stock, Eric) |
| Filing 349 NOTICE of Appearance by Kyle Quackenbush on behalf of Self Insured Schools of California (notification declined or already on case) (Quackenbush, Kyle) |
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ORDER: End-Payor Plaintiffs have moved for leave to file a response to Allergan's Sur-Reply in Further Opposition to End-Payor Plaintiffs' Motion for Class Certification. Defendant is directed to file any opposition to plaintiffs' motion by August 27, 2019. Ordered by Judge Nina Gershon on 8/23/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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| Filing 348 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11776627. by Self Insured Schools of California. (Attachments: #1 Affidavit, #2 State of California Certificate of Good Standing, #3 Certificate of Service) (Quackenbush, Kyle) |
| Filing 347 NOTICE by All Plaintiffs re (19 in 1:19-cv-02649-NG-LB, 136 in 1:18-cv-00677-NG-LB, 105 in 1:18-cv-00816-NG-LB, 119 in 1:18-cv-00970-NG-LB, 72 in 1:18-cv-02907-NG-LB, 111 in 1:18-cv-00968-NG-LB, 132 in 1:17-cv-06684-NG-LB, 55 in 1:18-cv-04419-NG-LB, 109 in 1:18-cv-00041-NG-LB, 49 in 1:18-cv-04566-NG-LB, 117 in 1:18-cv-00969-NG-LB, 345 in 1:18-md-02819-NG-LB, 129 in 1:17-cv-06755-NG-LB, 15 in 1:19-cv-02563-NG-LB, 94 in 1:18-cv-00972-NG-LB, 103 in 1:17-cv-07377-NG-LB, 112 in 1:17-cv-07300-NG-LB, 102 in 1:18-cv-00974-NG-LB, 94 in 1:18-cv-00749-NG-LB) Notice(Other) Corrected Notice of Service of Expert Reports Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| Filing 346 NOTICE by Direct Purchaser Class Plaintiffs of Supplemental Authority in Support of Direct Purchaser Plaintiffs Motion for Class Certification (Johnson, Kristen) |
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ORDER granting (348) Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 8/20/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00968-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 345 NOTICE by All Plaintiffs of Service of Expert Reports and Backup Materials Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
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ORDER in case 1:17-cv-06684-NG-LB; granting (344) Motion to Withdraw as Attorney. Attorney Kathleen Marie Konopka terminated in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 8/19/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:17-cv-06684-NG-LB, 1:17-cv-06755-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 344 MOTION to Withdraw as Attorney by End-Payor Plaintiffs. (Konopka, Kathleen) |
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ORDER: The Court held a pre-settlement conference on August 9, 2019. As discussed on the record, the Direct Purchaser Plaintiffs ("DPPs"), End-Payor Plaintiffs ("EPPs"), and Retailer Plaintiffs ("RPs") shall serve a written demand on defendant's counsel by August 19, 2019. Defendant shall serve its written response to the demand by August 29, 2019.The Court shall hold a settlement conference on September 23, 2019 and tentatively set the following schedule: DPPs and defendant shall appear at 9:00 a.m.; EPPs and defendant shall appear at 1:30 p.m.; and RPs and defendant shall appear at 4:00 p.m. in Courtroom 11A South of the United States Courthouse 225 Cadman Plaza East, Brooklyn New York 11201. Counsel must have persons with full settlement authority available by telephone throughout the conference. Settlement conferences are most productive if the parties have made good faith efforts to settle the case prior to the conference. The parties are strongly encouraged to discuss settlement prior to the Court conference. The parties shall fax their confidential ex parte settlement statements setting forth the legal and factual basis for their settlement positions as well as their most recent demands and offers to the Court at (718) 613-2175 by 12:00 p.m. on September 16, 2019. Any documents longer than ten pages in support of the settlement statements shall be delivered to my chambers, 1210 South, by this same date. The Court shall hold another conference on September 25 and 26, 2019 with the DPPs, EPPs, and defendant following the parties' class certification arguments before Judge Gershon. Associated Cases: 1:18-md-02819-NG-LB et al. (Burks, Jory)
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| Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Status Conference held on 8/9/2019. (FTR Log #11:05-1:55.) Associated Cases: 1:18-md-02819-NG-LB et al. (Burks, Jory) |
| Filing 343 NOTICE by Direct Purchaser Class Plaintiffs re #279 Letter Notice of Supplemental Authority in Support of Direct Purchaser Plaintiffs' Motion for Class Certification (Attachments: #1 Exhibit A) (Kohn, Peter) |
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ORDER: At the June 13, 2019 conference, the court directed the parties to file, after each class certification motion is fully briefed, a joint submission identifying any factual disputes that they believe should be resolved through an evidentiary hearing at which the court will hear testimony. The EPPs' motion will be fully briefed by August 16, 2019, and the DPPs' motion will be fully briefed by August 30, 2019. Therefore, the parties shall file their joint submissions by August 23, 2019 and September 6, 2019, respectively. Ordered by Judge Nina Gershon on 8/1/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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Filing 342
ORDER unsealing the transcript of the March 21, 2019 conference. Ordered by Judge Nina Gershon on 7/29/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 341 NOTICE TO COUNSEL. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 340 MOTION to Seal by Rochester Drug Cooperative, Inc. (Kohn, Peter) |
| Filing 339 NOTICE of Appearance by Paul E. Slater on behalf of Meijer Distribution, Inc., Meijer, Inc. (aty to be noticed) (Slater, Paul) |
| Filing 338 NOTICE of Appearance by Robert David Cheifetz on behalf of Meijer Distribution, Inc., Meijer, Inc. (aty to be noticed) (Cheifetz, Robert) |
| Filing 337 NOTICE of Appearance by Matthew Slater on behalf of Meijer Distribution, Inc., Meijer, Inc. (aty to be noticed) (Slater, Matthew) |
| Filing 336 NOTICE of Appearance by David P. Germaine on behalf of Meijer Distribution, Inc., Meijer, Inc. (aty to be noticed) (Germaine, David) |
| Filing 335 NOTICE of Appearance by Joseph Michael Vanek on behalf of Meijer Distribution, Inc., Meijer, Inc. (aty to be noticed) (Vanek, Joseph) |
| Filing 334 Letter MOTION for Leave to File Document -Request for Permission to File Combined Brief by Allergan, Inc.. (Stock, Eric) |
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ORDER granting #334 Motion for Leave to File. Defendant's request, which is not opposed by the EPPs, is granted. Ordered by Judge Nina Gershon on 7/25/2019. (Stephens-Davidowitz, Lauren)
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| Filing 333 Proposed Scheduling Order Pursuant to Minute Order Entered on July 22, 2019 by All Plaintiffs, Allergan, Inc. (Drachler, Dan) |
| Filing 332 MOTION to Withdraw as Attorney by Allergan, Inc.. (Dygert, Natalie) |
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ORDER granting #332 Motion to Withdraw as Attorney. Attorney Natalie D. Dygert terminated. Ordered by Judge Nina Gershon on 7/24/2019. (Stephens-Davidowitz, Lauren)
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ORDER: Judge Gershon referred this Antitrust matter to me for a settlement conference. The Court shall hold a pre-settlement conference with all parties on August 9, 2019 at 11:00 a.m. in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. Ordered by Magistrate Judge Lois Bloom on 7/23/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Burks, Jory)
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ORDER granting (323) Motion to Withdraw as Attorney. Attorney Erin Burns terminated in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 7/23/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00974-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 331 Letter from Robert N. Kaplan to the Honorable Nina Gershon, enclosing courtesy copies of (1) Direct Purchaser Class Plaintiffs Reply Memorandum of Law for Class Certification, (2) Direct Purchaser Class Plaintiffs CORRECTED Reply Memorandum of Law for Class Certification, and (3) Declaration of Ellen T. Noteware with accompanying Exhibits 1-21, all of which were filed under seal by Direct Purchaser Class Plaintiffs (Kaplan, Robert) |
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As stated on the record at the 7/18/2019 conference, #280 Motion to Seal was denied without prejudice. Ordered by Judge Nina Gershon on 07/18/2019. (Joe, Victor)
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| Minute Entry for proceedings held before Judge Nina Gershon: Case called. All parties in attendance. Regarding the status of MSP Recovery Claims, Series LLC, et al. v. Allergan, Inc., 19-cv-2649, the court adopts, as its own order, the terms set forth in the Joint Stipulation and Proposed Order to Stay Proceedings Pending Resolution of End-Payor Plaintiffs' Motion for Class Certification #329 . The parties' dispute regarding Document No. 114 in the Privilege Re-Review was resolved. The parties shall inform the court whether a dispute remains regarding Document No. 90 or Document No. 91 in the Privilege Re-Review. The court denied without prejudice RDC's Motion to Seal #280 . If RDC chooses to file a renewed motion, it shall do so by July 25, 2019, and defendant shall file its opposition, if any, by August 1, 2019. RDC shall inform the court whether, in light of its revised position in its Motion to Seal #280 , the court may unseal the transcript of the March 21, 2019 conference. The court sought clarification from the parties on the non-party generic manufacturers' position on defendant's Omnibus Motion to Seal #281 . After hearing argument on defendant's request for an extension to serve merits expert reports #316 , the court directed the parties to submit a revised schedule. The parties resolved defendant's request regarding the scheduling of its motion to compel arbitration against plaintiffs Meijer, Inc. and Meijer Distribution, Inc. The court advised the parties of a potential disqualification issue. (Court Reporter Linda Danelczky.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 330 Letter Confirming that the portion of the March 21 Transcript that had been sealed need no longer remain so by Rochester Drug Cooperative, Inc (Kohn, Peter) |
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Filing 329
JOINT STIPULATION AND ORDER TO (1) EXTEND PAGE LIMITATIONS FOR REPLY MEMORANDUM RELATED TO DIRECT PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND (2) PROVIDE FOR A SUR-REPLY MEMORANDUM. Ordered by Judge Nina Gershon on 7/17/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB (Barrett, C)
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| Filing 328 Letter From Tracy L. Turner by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Turner, Tracy) |
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ORDER: This multi-district litigation is respectfully referred to Magistrate Judge Lois Bloom for settlement. Ordered by Judge Nina Gershon on 7/18/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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| Filing 327 Letter Enclosure (Proposed Joint Stipulation) by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Turner, Tracy) |
| Filing 326 Letter from Tracy L. Turner by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Turner, Tracy) |
| Filing 325 Letter to Judge Nina Gershon from Eric J. Stock re reply to the Plaintiffs' letter-response (Dkt. No. 320) to the Allergan's letter (Dkt. No. 316) requesting an extension. by Allergan, Inc. (Stock, Eric) |
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ORDER re #324 Letter filed by End-Payor Plaintiffs. Plaintiffs' request for an extension of time, which is not opposed by defendant, is granted. Plaintiffs' reply is now due on July 22, 2019, and defendant's sur-reply is now due on August 2, 2019. Ordered by Judge Nina Gershon on 7/17/2019. (Stephens-Davidowitz, Lauren)
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| Filing 324 Letter to Judge Gershon regarding Extension of Time by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 323 MOTION to Withdraw as Attorney by KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00974-NG-LB (Burns, Erin) |
| Filing 322 Letter to the Honorable Nina Gershon, attaching Joint Stipulation and [Proposed] Order by Direct Purchaser Class Plaintiffs (Attachments: #1 Joint Stipulation and [Proposed] Order) (Kaplan, Robert) |
| Filing 321 STATUS REPORT Proposed Agenda for July 18, 2019 Status Conference by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| Filing 320 Letter in Opposition to Allergan's Motion for an Extension (ECF No. 316) by All Plaintiffs (Attachments: #1 Exhibit A - Excerpted Transcript) (Drachler, Dan) |
| Filing 319 NOTICE of Appearance by William Rolf Olson on behalf of KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated (notification declined or already on case) (Attachments: #1 Certificate of Service) (Olson, William) |
| Filing 318 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11653497. by KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated. (Attachments: #1 Affidavit, #2 American Samoa Certificate of Good Standing, #3 Arkansas Certificate of Good Standing, #4 Certificate of Service) (Olson, William) |
| Filing 317 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on February 14, 2019, before Judge NG. Court Reporter/Transcriber Sophie Nolan, Telephone number 718-613-2622. Email address: NolanEDNY@aol.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/1/2019. Redacted Transcript Deadline set for 8/12/2019. Release of Transcript Restriction set for 10/9/2019. (Nolan, Sophie) |
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ORDER granting (318) Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 7/11/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00974-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 316 Letter to Judge Nina Gershon from Eric J. Stock re: extension to Allergan's deadline to serve merits expert reports by Allergan, Inc. (Stock, Eric) |
| Filing 315 NOTICE of Appearance by Robert David Cheifetz on behalf of FWK Holdings, LLC (notification declined or already on case) (Cheifetz, Robert) |
| Filing 314 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11639733. by FWK Holdings, LLC. (Attachments: #1 Affidavit) (Cheifetz, Robert) |
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ORDER granting (314) Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 7/8/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB (Stephens-Davidowitz, Lauren)
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| On May 15, 2019, the parties submitted a Redfern chart containing plaintiffs' privilege challenges to 158 documents that had been withheld or redacted by defendant #285 . Defendant simultaneously submitted the relevant documents for the court's in camera review. Today, after carefully reviewing the parties' arguments and the documents, the court filed under seal, with access given solely to the parties, an updated version of the Redfern chart that sets forth its rulings. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
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ORDER granting (312) Motion to Withdraw as Attorney. Attorneys V Chai Oliver Prentice, Kyla Gibboney, and Ryan J McEwan terminated in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 7/2/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00968-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 312 MOTION to Withdraw as Attorney by End-Payor Plaintiffs. (Saveri, Joseph) |
| Filing 311 Letter regarding End-Payor Plaintiffs' Motion to Preclude Report and Testimony of Kyriakos Mandadakis, O.D. by End-Payor Plaintiffs (Shah, Sona) |
| Filing 310 Letter regarding End-Payor Plaintiffs Motion to Exclude Testimony of Dr. Kathryn Masselam Hatch by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 309 Letter to Judge Gershon in response to Allergan regarding the case schedule by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Sobol, Thomas) |
| Filing 308 Letter to Court from Sean Royall Regarding Current Case Schedule by Allergan, Inc. (Stock, Eric) |
| Filing 307 STATUS REPORT Reflecting Current Case Schedule by Allergan, Inc. (Stock, Eric) |
| Filing 306 Letter to Judge Gershon by Allergan, Inc. (Stock, Eric) |
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ORDER in case 1:17-cv-06684-NG-LB; granting (305) Motion for Leave to File Excess Pages in case 1:18-md-02819-NG-LB. The court adopts the parties' proposal. Ordered by Judge Nina Gershon on 6/20/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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| Filing 305 Joint MOTION for Leave to File Excess Pages and Extend Briefing Schedule in connection with Motion for Class Certification by End-Payor Plaintiffs. (Drachler, Dan) |
| Minute Entry for proceedings held before Judge Nina Gershon: Case called. All parties in attendance. Counsel for Teva Pharmaceuticals USA, Inc. also present for portions of the proceedings. The court directed the parties to submit letters, in accordance with an agreed-upon schedule, regarding how MSP Recovery Claims, Series LLC, et al. v. Allergan, Inc., 19-cv-2649, should proceed. The court granted plaintiffs motion #288 to consolidate Meijer, Inc., et al. v. Allergan, Inc., 19-cv-2563, with the other DPP class actions. After conducting discovery of Meijer, defendant shall respond to plaintiffs' motion to appoint Meijer, Inc. as a class representative #288 by August 23, 2019, and DPPs shall reply by August 30, 2019. Regarding the Privilege Re-Review, defendant will produce a redacted version of Document No. 147, and the parties shall meet and confer on Document Nos. 91 and 114 and update the court on their positions by June 27, 2019. The court granted plaintiffs' Letter Brief Regarding Supplemental Productions #289 and directed the parties to meet and confer as to the timing of that production. The parties agreed that plaintiffs would be permitted to question Robert Bailey, at his upcoming deposition, about the clawed-back document related to the deal with the St. Regis Mohawk Tribe that plaintiffs seek to compel in their Motion to Compel Production of Documents Withheld as Privileged #301 . Plaintiffs shall serve a reply on that motion by July 17, 2019, and defendant shall serve a sur-reply by July 24, 2019. Plaintiffs confirmed that their Letter Brief Regarding Production of E.D. Tex. Trial Demonstratives #290 has been resolved. RDC should inform the court whether, in light of its revised motion to seal #280 , the court may unseal the transcript of the March 21, 2019 conference. After each class certification motion is fully briefed, the parties should file a joint submission identifying the factual issues that require the courts resolution. The parties shall submit a revised scheduling order by June 27, 2019. The court instructed the parties always to file a reply, even for letter briefing, and to send the court courtesy copies of their submissions on discovery disputes and class certification as soon as they are served on the other party. The next status conference is scheduled for July 18, 2019 at 10 a.m. The DPP class certification hearing is scheduled for September 25, 2019 at 10 a.m. The EPP class certification hearing is scheduled for September 26, 2019 at 10 a.m. All proceedings will be held in courtroom 6D South. (Court Reporter Lisa Schmid.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 304 STATUS REPORT Proposed Agenda for June 13, 2019 Status Conference by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 303 Letter replying to defendant's letter dated 6/3/19 re Meijer action by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Nalven, David) |
| Filing 302 Letter to Judge Nina Gershon from M. Sean Royall re issues with the Plaintiffs' Motion to Compel by Allergan, Inc. (Parrott, Matthew) |
| Filing 301 Letter regarding Motion to Compel Documents Withheld as Privileged by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 300 Letter Brief with Exhibits in Opposition to Plaintiffs' Request for Supplemental Production (Dkt. No. 298) [REDACTED] by Allergan, Inc. (Attachments: #1 Exhibit 1 - Confidential Transcript filed Under Seal, #2 Exhibit 2 - Confidential Declaration Filed Under Seal, #3 Exhibit 3 - Confidential Amendment Filed Under Seal) (Parrott, Matthew) |
| Filing 299 MOTION for Leave to Electronically File Document under Seal - Letter Brief with Exhibits in Opposition to Plaintiffs' Request for Supplemental Production (Dkt. No. 298) by Allergan, Inc.. (Attachments: #1 Letter Brief in Opposition to Supplemental Production (Dkt. No. 298), #2 Exhibit 1 - Confidential Transcript, #3 Exhibit 2 - Confidential Declaration, #4 Exhibit 3 - Confidential Amendment) (Parrott, Matthew) |
| Filing 298 Letter Brief regarding Supplemental Production by End-Payor Plaintiffs (Attachments: #1 Declaration of Scott Grzenczyk) (Sharp, Christina) |
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ORDER re #298 Letter filed by End-Payor Plaintiffs. Although only one letter has been docketed, the court has received (by email) the parties' letters regarding plaintiffs' request for supplemental productions from defendant. Plaintiffs are directed to reply by noon on June 10, 2019. Ordered by Judge Nina Gershon on 6/5/2019. (Stephens-Davidowitz, Lauren)
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ORDER: Defendant is advised to have someone available at the status conference on June 13, 2019 who is prepared to answer questions regarding the Excel spreadsheet at issue in Privilege Re-Review No. 147 (including, but not limited to, who prepared the spreadsheet, at whose direction, and for what purpose). Additionally, both parties shall be prepared to address plaintiffs' need for the spreadsheet as well as the burden that will be placed on defendant if ordered to produce a redacted version of the file. Ordered by Judge Nina Gershon on 6/5/2019. (Stephens-Davidowitz, Lauren)
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| Filing 297 Letter on behalf of all plaintiffs updating Court about Restasis patent infringement appeal by Direct Purchaser Class Plaintiffs (Attachments: #1 Supreme Court's Denial of Petition for a Writ of Certiorari) Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| Filing 296 Letter in Response to May 17, 2019 DPP Letter Regarding Meijer Complaint by Allergan, Inc. (Attachments: #1 Declaration of Rachael Rezabek with exhibits) (Stock, Eric) |
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ORDER re (288 in 1:18-md-02819-NG-LB) Letter filed by Direct Purchaser Class Plaintiffs. Although it has not yet been filed on the docket, the court has received (by email) defendant's response to DPPs' letter dated May 17, 2019 regarding the status of Meijer, Inc. and Meijer Distribution, Inc., 19-cv-2563. DPPs are directed to reply by June 6, 2019. Ordered by Judge Nina Gershon on 6/3/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Stephens-Davidowitz, Lauren)
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ORDER: This action, MSP Recovery Claims, Series LLC et al v. Allergan, Inc., 19-cv-2649, was marked as related to In re Restasis, 18-md-2819, a multi-district litigation before me. Plaintiffs' counsel is directed to attend the next status conference in In re Restasis, which is scheduled for June 13, 2019 at 2 p.m. in courtroom 6D South. If they have not yet done so, plaintiffs are also directed to promptly serve defendant with the complaint. The parties shall then meet and confer about a pre-trial schedule to be presented to the court at or before the status conference. Ordered by Judge Nina Gershon on 6/3/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 295 REPLY in Support re #281 MOTION to Seal / ALLERGAN INC.'S NOTICE OF OMNIBUS MOTION TO SEAL filed by Allergan, Inc.. (Parrott, Matthew) |
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Filing 294
JOINT STIPULATION AND ORDER TO EXTEND BRIEFING SCHEDULE FOR DIRECT PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION AND RELATED DAUBERT MOTIONS. Ordered by Judge Nina Gershon on 5/28/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG- LB, 1:18-cv-00974-NG-LB (Barrett, C)
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Filing 293
JOINT STIPULATION AND ORDER TO EXTEND THE BRIEFING SCHEDULE ON PLAINTIFFS' LETTER BRIEF SEEKING TO COMPEL SUPPLEMENTAL DOCUMENT PRODUCTIONS. Allergan's time to file its opposition to Plaintiffs' letter brief is extended to 6/3/2019. Ordered by Judge Nina Gershon on 5/24/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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ORDER granting #286 Motion for Leave to File Defendant's Reply in Support of Allergan Inc.'s Omnibus Motion to Seal. Ordered by Judge Nina Gershon on 5/24/2019. (Stephens-Davidowitz, Lauren)
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| Filing 292 Letter to Judge Nina Gershon from Matthew C. Parrott re submission of joint stipulation and proposed order by Allergan, Inc. (Attachments: #1 Attachment - Stipulation and Proposed Order) (Parrott, Matthew) |
| Filing 291 Letter from Eric J. Stock by Allergan, Inc. (Attachments: #1 Proposed Order, #2 Exhibit) (Stock, Eric) |
| Filing 290 Letter Concerning Letter Brief Regarding Production of E.D. Tex. Trial Demonstatives by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Sobol, Thomas) |
| Filing 289 Letter Concerning Letter Brief Regarding Supplemental Productions by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 288 Letter MOTION to consolidate Meijer action and appoint Meijer as an additional class representative by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Sobol, Thomas) |
| Filing 287 Letter regarding Allergan Inc.'s Omnibus Motion to Seal by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 286 Letter MOTION for Leave to File Document - Reply in Support of Allergan, Inc.'s Omnibus Motion to Seal by Allergan, Inc.. (Attachments: #1 Attachment - Reply Memorandum of Law) (Parrott, Matthew) |
| Filing 285 Letter Regarding Submission of In Camera Review Set for Privilege Re-Review by Allergan, Inc. (Royall, Michael) |
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ORDER re #284 Letter filed by Allergan, Inc. Defendant's request for an extension, to which plaintiffs consent, is granted. Ordered by Judge Nina Gershon on 5/13/2019. (Stephens-Davidowitz, Lauren)
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| Filing 284 Letter to Honorable Gershon signed by Eric Stock to Re-review Submission Deadline Extension by Allergan, Inc. (Royall, Michael) |
| Filing 283 RESPONSE to Motion re #281 MOTION to Seal / ALLERGAN INC.'S NOTICE OF OMNIBUS MOTION TO SEAL filed by End-Payor Plaintiffs. (Sharp, Christina) |
| Filing 282 MEMORANDUM in Support re #281 MOTION to Seal / ALLERGAN INC.'S NOTICE OF OMNIBUS MOTION TO SEAL filed by Allergan, Inc.. (Attachments: #1 Exhibit 1 - Document Chart) (Parrott, Matthew) |
| Filing 281 MOTION to Seal / ALLERGAN INC.'S NOTICE OF OMNIBUS MOTION TO SEAL by Allergan, Inc.. (Parrott, Matthew) |
| Filing 280 MOTION to Seal by Rochester Drug Cooperative, Inc. (Kohn, Peter) |
| Filing 279 Letter to Judge Gershon re courtesy copies of direct purchaser plaintiffs' class certification papers by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
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Filing 278
STIPULATED ORDER EXTENDING PAGE LIMITATIONS FOR MEMORANDA RELATED TO DIRECT PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION, granting (276) Motion for Leave to File Excess Pages in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 4/25/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB (Barrett, C)
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| Filing 277 Letter Re: Status Update Related to Issues Discussed at the March 21, 2019 Status Conference by Rochester Drug Cooperative, Inc (Kohn, Peter) |
| Filing 276 Joint MOTION for Leave to File Excess Pages in connection with Motion for Class Certification by Direct Purchaser Class Plaintiffs. (Urban, Nicholas) |
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ORDER granting #275 Motion to Withdraw as Attorney. Attorney Hugh Sandler terminated. Ordered by Judge Nina Gershon on 4/22/2019. (Stephens-Davidowitz, Lauren)
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| Filing 275 First MOTION to Withdraw as Attorney by FWK Holdings, LLC. (Attachments: #1 Proposed Order) (Sandler, Hugh) |
| Filing 274 Letter providing update on status of two pending appeals by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
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ORDER re (272 in 1:18-md-02819-NG-LB) Letter filed by Rochester Drug Cooperative, Inc. The court thanks Mr. Kohn for the clarification provided in his letter dated April 12, 2019. The court reporter is ordered to provide Mr. Kohn, as counsel for Rochester Drug Co-operative, with a copy of the unredacted version of the transcript of the March 21, 2019 conference. Ordered by Judge Nina Gershon on 4/15/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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ORDER in case 1:17-cv-06684-NG-LB; terminating (273) Motion for Disclosure in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 4/15/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor)
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| Filing 272 Letter in Response to Court's April 11, 2019 Order by Rochester Drug Cooperative, Inc (Kohn, Peter) |
| Filing 271 Letter from Adam Gitlin to the Honorable Nina Gershon regarding Motion for Class Certification by End-Payor Plaintiffs (Drachler, Dan) |
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ORDER: The court is in receipt of a letter from the End-Payor Plaintiffs, which will be docketed, seeking an unredacted copy of the transcript of the March 21, 2019 conference in this case. The court directs plaintiff Rochester Drug Cooperative and any other party, if it so chooses, to state their position on this request by April 17, 2019. The parties are also reminded that, unless authorized, all communication with the court should be through ECF. Ordered by Judge Nina Gershon on 4/11/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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Filing 270
ORDER re (266 in 1:18-md-02819-NG-LB) Letter submitting motion to seal schedule filed by Allergan, Inc. So Ordered by Judge Nina Gershon on 4/8/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Love, Alexis)
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ORDER granting #269 Motion to Withdraw as Attorney. Attorney Nicomedes Sy Herrera terminated. Ordered by Judge Nina Gershon on 4/9/2019. (Stephens-Davidowitz, Lauren)
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| Filing 269 MOTION to Withdraw as Attorney by End-Payor Plaintiffs. (Saveri, Joseph) |
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Filing 268
STIPULATED ORDER EXTENDING PAGE LIMITATIONS FOR MEMORANDA RELATED TO END PAYOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION, granting (267) Motion for Leave to File Excess Pages in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 4/8/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 267 Joint MOTION for Leave to File Excess Pages in connection with Motion for Class Certification by End-Payor Plaintiffs. (Drachler, Dan) |
| Filing 266 Letter to the Honorable Nina Gershon Regarding Motions to Seal Schedule by Allergan, Inc. (Parrott, Matthew) |
| Filing 264 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 21, 2019, before Judge Gershon. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/25/2019. Redacted Transcript Deadline set for 5/6/2019. Release of Transcript Restriction set for 7/3/2019. (Heading, Charleane) |
| Filing 263 Defendant Allergan, Inc.s' ANSWER to #210 Amended Complaint,,, of End-Payor Plaintiffs by Allergan, Inc.. (Royall, Michael) |
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Filing 262
JOINT STIPULATION AND ORDER REGARDING PRIVILEGE RE-REVIEW AND SUBMISSION OF SAMPLE SET OF DOCUMENTS FOR IN CAMERA REVIEW. Ordered by Judge Nina Gershon on 3/28/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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Filing 261
ORDER withdrawing (226) Motion to Dismiss in case 1:18-md-02819-NG-LB and dismissing plaintiffs' Idaho claim without prejudice. Ordered by Judge Nina Gershon on 3/26/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 260 MOTION for Leave to Electronically File Document under Seal [ECF No. 258] by Rochester Drug Cooperative, Inc. (Kohn, Peter) |
| Filing 259 Letter MOTION to Compel Direct Purchaser Plaintiff Rochester Drug Cooperative to Produce Joseph E. Brennan and a Rule 30(b)(6) Designee For Deposition by Allergan, Inc.. (Attachments: #1 Declaration of Adam Jantzi in Support of Allergan's Motion to Compel, #2 Letter Opposition to Allergan's Motion to Compel, #3 Declaration of Peter R. Kohn in Opposition to Allergan's Motion to Compel) (Stock, Eric) |
| Filing 258 Letter Re: Response in Opposition to Allergan's Letter-Motion to Compel (ECF No. 251) by Rochester Drug Cooperative, Inc (Attachments: #1 Declaration of Peter R. Kohn in Opposition to Allergan's Motion to Compel) (Kohn, Peter) |
| Filing 257 Letter from R. Cunningham to the Honorable Nina Gershon re Motion to Dismiss State Law Claims in End-Payor Plaintiffs Corrected First Amended Consolidated Class Action Complaint (Dkt. No. 226) by Allergan, Inc. (Parrott, Matthew) |
| Filing 256 STATUS REPORT Proposed Agenda for March 21, 2019 Status Conference by End-Payor Plaintiffs (Sharp, Christina) |
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Filing 255
SECOND REVISED SCHEDULING ORDER, modifying the Scheduling Order set forth in CMO 2 and Revised Scheduling Order of 2/8/2019 (Dkt. No. #244 ). Ordered by Judge Nina Gershon on 3/14/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 254 Letter to Judge Gershon regarding Privilege Re-Review and Submission of Sample Set of Documents for In Camera Review by End-Payor Plaintiffs (Attachments: #1 Joint Stipulation and Proposed Order regarding Privilege Re-Review and Submission of Sample Set of Documents for In Camera Review) (Sharp, Christina) |
| Filing 253 Letter MOTION for Extension of Time to File Motion for Class Certification and Supporting Expert Reports by Direct Purchaser Class Plaintiffs. (Attachments: #1 Exhibit Exhibit A - Table Demonstrating Changes to Current Schedule, #2 Proposed Order Exhibit B - Proposed Second Revised Scheduling Order) Associated Cases: 1:18-md-02819-NG-LB et al. (Sobol, Thomas) |
| Filing 252 Letter to Judge Gershon Regarding Motion to Compel RDC to Produce Certain Discovery by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Sobol, Thomas) |
| Filing 251 Letter Re Allergan's Letter-Motion to Compel Direct Purchaser Plaintiff Rochester Drug Cooperative to produce Joseph E. Brennan and a Rule 30(b)(6) designee by Allergan, Inc. (Stock, Eric) |
| Filing 250 ANSWER to Complaint Answer to Direct Purchaser Class Plaintiffs' First Amended Consolidated Class Action Complaint by Allergan, Inc..Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB (Royall, Michael) |
| Minute Entry for proceedings held before Judge Nina Gershon: Case called. All parties in attendance. For the reasons stated on the record, plaintiffs' Motion to Compel regarding Withheld and Clawed-Back Documents #243 and Motion to Compel Production of Documents Withheld as Privileged and Clarifying Guidelines for Production #247 are denied. Based on the parties' representations, EPPs' Motion to Compel Production of Certain Data #240 and DPPs' Letter Motion to Compel Allergan to Produce its Citizen Petitions and Supplements #239 have been resolved. The parties shall submit a proposed schedule regarding defendant's production of its final privilege log and plaintiffs' challenges, if any, to the privilege assertions. Oral argument was held on defendant's Motion to Dismiss State Law Claims in End-Payor Plaintiffs' Corrected First Amended Consolidated Class Action Complaint #226 . Defendant shall write to the court regarding its argument that EPPs are estopped from asserting a claim of unfair practices under Vermont law. The next status conference is scheduled for March 21, 2019 at 10 a.m. in courtroom 6D South. (Court Reporter Sophia Nolan.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
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ORDER in case 1:17-cv-06684-NG-LB. Based on the parties representations, EPPs Motion to Compel Production of Certain Data #240 and DPPs Letter Motion to Compel Allergan to Produce its Citizen Petitions and Supplements #239 have been resolved. Ordered by Judge Nina Gershon on 2/14/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor)
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ORDER in case 1:17-cv-06684-NG-LB. For the reasons stated on the record, plaintiffs' Motion to Compel regarding Withheld and Clawed-Back Documents #243 and Motion to Compel Production of Documents Withheld as Privileged and Clarifying Guidelines for Production #247 are denied. Ordered by Judge Nina Gershon on 2/14/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor)
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| (240) Based on the parties' representations, EPPs' Motion to Compel Production of Certain Data #240 and DPPs' Letter Motion to Compel Allergan to Produce its Citizen Petitions and Supplements #239 have been resolved. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 249 NOTICE of Appearance by Katherine Quinn Dominguez on behalf of Allergan, Inc. (aty to be noticed) (Dominguez, Katherine) |
| Filing 248 Letter in Opposition to Plaintiffs' February 7, 2019 Letter Motion (Dkt. 239) by Allergan, Inc. (Parrott, Matthew) |
| Filing 247 MOTION to Compel Production of Documents Withheld as Privileged and Clarifying Guidelines for Production by Allergan, Inc.. (Attachments: #1 Memorandum in Support Plaintiffs Memorandum in Support of Motion for Order Compelling Production of Documents Withheld as Privileged and Clarifying Guidelines for Production [REDACTED], #2 Declaration Declaration of Dena C. Sharp in Support of Plaintiffs Motion for Order Compelling Production of Documents Withheld as Privileged and Clarifying Guidelines for Production [REDACTED], #3 Proposed Order [Proposed] Order Granting Plaintiffs Motion for Order Compelling Production of Documents Withheld as Privileged and Clarifying Guidelines for Production, #4 Memorandum in Opposition Allergan, Inc.s Opposition to Plaintiffs Motion for Order Compelling Production of Documents Withheld As Privileged And Clarifying Guidelines for Production [REDACTED], #5 Declaration Declaration of Jason C. McKenney in Support of Allergan, Inc.s Opposition to Plaintiffs Motion for Order Compelling Production of Documents Withheld As Privileged And Clarifying Guidelines for Production [REDACTED], #6 Declaration Declaration of Arnold Pinkston in Support of Allergans Opposition to Plaintiffs Motion for Order Compelling Production of Documents Withheld As Privileged And Clarifying Guidelines for Production [REDACTED], #7 Response to Objections Plaintiffs Reply in Support of Motion for Order Compelling Production of Documents Withheld As Privileged And Clarifying Guidelines for Production [REDACTED], #8 Declaration Declaration of Dena C. Sharp in Support of Plaintiffs Reply in Support of Motion for Order Compelling Production of Documents Withheld As Privileged And Clarifying Guidelines for Production [REDACTED]) (Parrott, Matthew) |
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ORDER granting #246 Motion for Extension of Time to File Response/Reply to #239 Letter Motion to Compel Allergan to Produce its Citizen Petitions and Supplements by Direct Purchaser Class Plaintiffs. Defendant's response is due by 2/13/2019 at 1:00 p.m. EST. Ordered by Judge Nina Gershon on 2/12/2019. (Stephens-Davidowitz, Lauren)
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| Filing 246 MOTION for Extension of Time to File Response/Reply as to #239 Letter by Allergan, Inc.. (Parrott, Matthew) |
| Filing 245 AMENDED COMPLAINT Direct Purchaser Class Plaintiffs' First Amended Consolidated Class Action Complaint against Allergan, Inc., filed by Direct Purchaser Class Plaintiffs.Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB (Sobol, Thomas) |
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Filing 244
REVISED SCHEDULING ORDER modifying the Scheduling Order set forth in CMO 2. Ordered by Judge Nina Gershon on 2/6/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 243 MOTION to Compel regarding Withheld and Clawed-Back Documents (Related to Dkt. 242) by End-Payor Plaintiffs. (Attachments: #1 Declaration of Dena C. Sharp in Support of Plaintiffs' Letter Brief regarding Withheld and Clawed-Back Documents (Redacted), #2 Allergan's Opposition to Plaintiffs' Letter Brief regarding Withheld and Clawed-Back Documents (Redacted), #3 Declaration of Anne Y. Brody in Support of Allergan's Opposition to Plaintiffs' Letter Brief regarding Withheld and Clawed-Back Documents (Redacted), #4 Declaration of Laura Wine in Support of Allergan's Opposition to Plaintiffs' Letter Brief regarding Withheld and Clawed-Back Documents (Redacted), #5 Plaintiffs' Reply in Support of Plaintiffs' Letter Brief regarding Withheld and Clawed-Back Documents (Redacted), #6 Declaration (Reply) of Dena C. Sharp in Support of Plaintiffs' Letter Brief regarding Withheld and Clawed-Back Documents (Redacted)) (Sharp, Christina) |
| Filing 242 MOTION for Leave to Electronically File Document under Seal by End-Payor Plaintiffs. (Attachments: #1 Plaintiffs' Letter Brief regarding Withheld and Clawed-Back Documents, #2 Declaration of Dena C. Sharp in Support of Plaintiffs' Letter Brief regarding Withheld and Clawed-Back Documents, #3 Allergan's Opposition to Plaintiffs' Letter Brief regarding Withheld and Clawed-Back Documents, #4 Declaration of Anne Y. Brody in Support of Allergan's Opposition to Plaintiffs' Letter Brief regarding Withheld and Clawed-Back Documents, #5 Declaration of Laura Wine in Support of Allergan's Opposition to Plaintiffs' Letter Brief regarding Withheld and Clawed-Back Documents, #6 Plaintiffs' Reply in Support of Plaintiffs' Letter Brief regarding Withheld and Clawed-Back Documents, #7 Declaration (Reply) of Dena C. Sharp in Support of Plaintiffs' Letter Brief regarding Withheld and Clawed-Back Documents) (Sharp, Christina) |
| Filing 241 STATUS REPORT Proposed Agenda for February 14, 2019 Status Conference by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 240 MOTION to Compel Production of Certain Data (Related to Dkt. 236) by End-Payor Plaintiffs. (Attachments: #1 Declaration of Scott Grzenczyk in Support of End-Payor Plaintiffs' Motion to Compel Production of Certain Data (Redacted), #2 Allergan, Inc.'s Response to End-Payor Plaintiffs' Motion to Compel Production of Certain Data, #3 End-Payor Plaintiffs' Reply in Support of Motion to Compel Production of Certain Data, #4 Declaration (Reply) of Dan Drachler in Support of End-Payor Plaintiffs' Motion to Compel Production of Certain Data (Redacted)) (Sharp, Christina) |
| Filing 239 Letter Motion to Compel Allergan to Produce its Citizen Petitions and Supplements by Direct Purchaser Class Plaintiffs (Attachments: #1 Appendix A-C) Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
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ORDER in case 1:17-cv-06684-NG-LB; terminating (233) Motion for Leave to File in case 1:18-md-02819-NG-LB Ordered by Judge Nina Gershon on 2/7/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor)
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ORDER granting #230 Direct Purchaser Plaintiffs' unopposed Motion for Leave to File First Amended Consolidated Class Action Complaint. The Direct Purchaser Plaintiffs shall file their amended complaint within five days of entry of this order. Ordered by Judge Nina Gershon on 2/6/2019. (Stephens-Davidowitz, Lauren)
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| Filing 238 MOTION for Leave to Electronically File Document under Seal by End-Payor Plaintiffs. (Attachments: #1 Notice of Motion for Order Compelling Production of Documents Withheld as Privileged and Clarifying Guidelines for Production, #2 Memorandum in Support of Plaintiffs' Motion for Order Compelling Production of Documents Withheld as Privileged and Clarifying Guidelines for Production, #3 Declaration of Dena C. Sharp in Support of Plaintiffs' Motion for Order Compelling Production of Documents Withheld as Privileged and Clarifying Guidelines for Production, #4 Proposed Order regarding Plaintiffs' Motion for Order Compelling Production of Documents Withheld as Privileged and Clarifying Guidelines for Production, #5 Allergan, Inc.'s Opposition to Plaintiffs' Motion for Order Compelling Production of Documents Withheld as Privileged and Clarifying Guidelines for Production, #6 Declaration of Jason C. McKenney in support of Allergan, Inc.'s Opposition to Plaintiffs' Motion for Order Compelling Production of Documents Withheld as Privileged and Clarifying Guidelines for Production, #7 Declaration of Arnold Pinkston in support of Allergan, Inc.'s Opposition to Plaintiffs' Motion for Order Compelling Production of Documents Withheld as Privileged and Clarifying Guidelines for Production) (Sharp, Christina) |
| Filing 237 MOTION for Leave to Electronically File Document under Seal by End-Payor Plaintiffs. (Attachments: #1 Plaintiffs' Reply in Support of Motion for Order Compelling Production of Documents Withheld as Privileged and Clarifying Guidelines for Production, #2 Declaration of Dena C. Sharp in Support of Reply, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E) (Sharp, Christina) |
| Filing 236 MOTION for Leave to Electronically File Document under Seal by End-Payor Plaintiffs. (Attachments: #1 End-Payor Plaintiffs' Motion to Compel Production of Certain Data, #2 Declaration of Scott Grzenczyk in Support of End-Payor Plaintiffs' Motion to Compel Production of Certain Data, #3 Allergan's Response to End-Payor Plaintiffs' Motion to Compel Production of Certain Data, #4 End-Payor Plaintiffs' Reply in Support of Motion to Compel Production of Certain Data, #5 Declaration (Reply) of Dan Drachler in Support of End-Payor Plaintiffs' Motion to Compel Production of Certain Data) (Sharp, Christina) |
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ORDER re #235 Letter filed by Allergan, Inc. The court grants defendant's request to submit, in camera, unredacted versions of the documents referenced in its letter dated January 31, 2019. The court also grants defendant's request to file under seal its declaration in opposition to Plaintiffs' Motion for Order Compelling Production of Documents Withheld as Privileged and Clarifying Guidelines for Production. Defendant is directed to file on ECF a redacted version of the declaration for public view. Ordered by Judge Nina Gershon on 2/1/2019. (Stephens-Davidowitz, Lauren)
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| Filing 235 Letter Regarding In Camera Submission by Allergan, Inc. Associated Cases: 1:18-md-02819-NG-LB et al. (Royall, Michael) |
| Filing 234 Letter to Judge Gershon by Direct Purchaser Class Plaintiffs (Kaplan, Robert) |
| Filing 233 MOTION for Leave to File Document [Proposed] Amended Order Granting Direct Purchaser Plaintiffs' Motion for Leave to File First Amended Consolidated Class Action Complaint by Direct Purchaser Class Plaintiffs. (Kaplan, Robert) |
| Filing 232 Proposed Scheduling Order Modifying Case Management Order No. 2 (ECF No. 77) by End-Payor Plaintiffs (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order) (Drachler, Dan) |
| Filing 231 RESPONSE to Motion re (74 in 1:18-cv-00974-NG-LB) MOTION for Leave to File Document Direct Purchaser Plaintiffs' Motion for Leave to File a First Amended Consolidated Class Action Complaint Allergan, Inc.'s Response to Direct Purchaser Plaintiffs' Motion for Leave to File First Amended Consolidated Class Action Complaint filed by Allergan, Inc.. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB (Sobol, Thomas) |
| Filing 230 MOTION for Leave to File Document Direct Purchaser Plaintiffs' Motion for Leave to File a First Amended Consolidated Class Action Complaint by Direct Purchaser Class Plaintiffs. (Attachments: #1 Memorandum of Law ISO DPP Motion for Leave to File First Amended Consolidated Class Action Complaint, #2 Proposed Order Exhibit A, #3 Exhibit B, #4 Exhibit C) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB (Sobol, Thomas) |
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ORDER granting #228 Motion for Extension of Time to File Response/Reply re Letter Motion to Compel Clawback Documents. Response due by 2/4/2019. Reply due by 2/7/2019. In this and all other currently pending motions, the parties are directed to promptly submit two courtesy copies of each filing once they have been served on opposing counsel. Ordered by Judge Nina Gershon on 1/29/2019. (Stephens-Davidowitz, Lauren)
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| Filing 229 Letter regarding Withheld and Clawed-Back Documents by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 228 Letter MOTION for Extension of Time to File Response/Reply to Motion to Compel Clawback Documents by End-Payor Plaintiffs. (Drachler, Dan) |
| Filing 227 Letter requesting oral argument on Motion to Dismiss State Law Claims in End-Payor Plaintiffs' Corrected First Amended Consolidated Class Action Complaint by Allergan, Inc. (Parrott, Matthew) |
| Filing 226 MOTION to Dismiss State Law Claims in End-Payor Plaintiffs' Corrected First Amended Consolidated Class Action Complaint by Allergan, Inc.. (Attachments: #1 Allergan, Inc.'s Memorandum of Law in Support of Its Motion to Dismiss State Law Claims in End-Payor Plaintiffs' Corrected First Amended Consolidated Class Action Complaint, #2 End-Payor Plaintiffs' Opposition to Allergan, Inc.'s Motion to Dismiss State Law Claims in End-Payor Plaintiffs' Corrected First Amended Consolidated Class Action Complaint, #3 Allergan, Inc.'s Reply in Support of Its Motion to Dismiss State Law Claims in End-Payor Plaintiffs' Corrected First Amended Consolidated Class Action Complaint) (Parrott, Matthew) |
| Filing 225 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 12-19-18, before Judge Gershon. Court Reporter/Transcriber M.Nardone, Telephone number 718-613-2601. Email address: mishrpr@aol.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/13/2019. Redacted Transcript Deadline set for 2/25/2019. Release of Transcript Restriction set for 4/23/2019. (Nardone, Michele) |
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ORDER granting #187 Motion for Leave to Electronically File Document under Seal. Ordered by Judge Nina Gershon on 1/18/2019. (Stephens-Davidowitz, Lauren)
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ORDER granting #200 Motion for Leave to Electronically File Document under Seal. Ordered by Judge Nina Gershon on 1/18/2019. (Stephens-Davidowitz, Lauren)
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ORDER granting #194 Motion for Leave to Electronically File Document under Seal. Ordered by Judge Nina Gershon on 1/18/2019. (Stephens-Davidowitz, Lauren)
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ORDER granting #201 Motion for Leave to Electronically File Document under Seal. Ordered by Judge Nina Gershon on 1/18/2019. (Stephens-Davidowitz, Lauren)
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Filing 224
OPINION AND ORDER granting (103) Motion to Compel in case 1:17-cv-06684-NG-LB; granting (100) Motion to Compel in case 1:17-cv-06755-NG-LB; granting (83) Motion to Compel in case 1:17-cv-07300-NG-LB; granting (76) Motion to Compel in case 1:17-cv-07377-NG-LB; granting (80) Motion to Compel in case 1:18-cv-00041-NG-LB; granting (188) Motion to Compel in case 1:18-md-02819-NG- LB; granting (68) Motion to Compel in case 1:18-cv-00749-NG-LB; granting (105) Motion to Compel in case 1:18-cv-00677-NG-LB; granting (74) Motion to Compel in case 1:18-cv-00816-NG-LB; granting (88) Motion to Compel in case 1:18- cv-00970-NG-LB; granting (88) Motion to Compel in case 1:18-cv-00969-NG-LB; granting (78) Motion to Compel in case 1:18-cv-00973-NG-LB; granting (67) Motion to Compel in case 1:18-cv-00972-NG-LB; granting (70) Motion to Compel in case 1:18-cv-00974-NG-LB; granting (82) Motion to Compel in case 1:18- cv-00968-NG-LB; granting (63) Motion to Compel in case 1:18-cv-01430-NG-LB; granting (48) Motion to Compel in case 1:18-cv-02907-NG-LB; granting (31) Motion to Compel in case 1:18-cv-04419-NG-LB; granting (25) Motion to Compel in case 1:18-cv-04566-NG-LB. Defendant shall produce the relevant documents within two weeks of the date of this decision. Ordered by Judge Nina Gershon on 1/17/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 223 Letter T. Sobol to Allergan attaching motion for leave to file first amended consolidated class action complaint by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB (Sobol, Thomas) |
| Filing 222 Letter regarding Motion for Order Compelling Production of Documents withheld as Privileged and Clarifying Guidelines for Production by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 221 NOTICE of Appearance by Natalie D. Dygert on behalf of Allergan, Inc. (notification declined or already on case) (Dygert, Natalie) |
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ORDER granting #220 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 1/10/2019. (Stephens-Davidowitz, Lauren)
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| Filing 220 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11088802. by Allergan, Inc.. (Dygert, Natalie) |
| Filing 219 NOTICE of Appearance by Anne Y. Brody on behalf of Allergan, Inc. (notification declined or already on case) (Brody, Anne) |
| Filing 218 NOTICE of Appearance by Ellen Noteware on behalf of Rochester Drug Cooperative, Inc (aty to be noticed) (Noteware, Ellen) |
| Filing 217 First MOTION to Appear Pro Hac Vice Anne Brody Filing fee $ 150, receipt number ANYEDC-11083748. by Allergan, Inc.. (Brody, Anne) |
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ORDER granting #215 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 1/8/2019. (Stephens-Davidowitz, Lauren)
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ORDER granting #217 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 1/8/2019. (Stephens-Davidowitz, Lauren)
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| Filing 216 Letter to the Honorable Nina Gershon Regarding Allergans Motion to Dismiss End-Payor Plaintiffs Amended Consolidated Class Action Complaint by Allergan, Inc. (Parrott, Matthew) |
| Filing 215 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11081158. by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Declaration of Thomas L. Watts, #2 Certificate of Standing) (Watts, Thomas) |
| Filing 214 NOTICE of Change of Firm Affiliation (Vanek, Joseph) |
| Filing 213 NOTICE of Appearance by Justin N. Boley on behalf of Ironworkers Local 383 Health Care Plan, United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund (notification declined or already on case) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00816-NG-LB (Boley, Justin) |
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ORDER granting (212) Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case.Ordered by Judge Nina Gershon on 12/28/2018. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00816-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 212 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number NYEDC-11058765. by Ironworkers Local 383 Health Care Plan, United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00816-NG-LB (Boley, Justin) |
| Filing 211 NOTICE of Change of Firm address of the Radice Law Firm (Rubenstein, Daniel) |
| Filing 210 AMENDED COMPLAINT End Payor Plaintiffs' Corrected First Amended Consolidated Class Action Complaint against Allergan, Inc., filed by 1199SEIU National Benefit Fund, American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan, Sergeants Benevolent Association Health & Welfare Fund, Ironworkers Local 383 Health Care Plan, End-Payor Plaintiffs, United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, 1199SEIU Greater New York Benefit Fund, Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund, Self Insured Schools of California, St. Paul Electrical Workers' Health Plan, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund for Home Care Workers.Associated Cases: 1:18-md-02819-NG-LB, 1:17-cv-06684-NG-LB, 1:17-cv-06755-NG-LB, 1:17-cv-07300-NG-LB, 1:18-cv-00041-NG-LB, 1:18-cv-00816-NG-LB, 1:18-cv-00968-NG-LB, 1:18-cv-00969-NG-LB (Saveri, Joseph) |
| Filing 209 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 5, 2018, before Judge Gershon. Court Reporter/Transcriber Charleane M. Heading, Telephone number 718-613-2643. Email address: cheading@aol.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/10/2019. Redacted Transcript Deadline set for 1/21/2019. Release of Transcript Restriction set for 3/20/2019. (Heading, Charleane) |
| Filing 208 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on September 26, 2018, before Judge Nina Gershon. Court Reporter/Transcriber Linda A. Marino, Telephone number 718-613-2484. Email address: lindacsr@aol.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/10/2019. Redacted Transcript Deadline set for 1/21/2019. Release of Transcript Restriction set for 3/20/2019. (Marino, Linda) |
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ORDER in case 1:17-cv-06755-NG-LB; finding as moot (191) Motion to Compel in case 1:18-md-02819-NG-LB Ordered by Judge Nina Gershon on 12/20/2018. Associated Cases: 1:18-md-02819-NG-LB, 1:17-cv-06755-NG-LB (Stephens-Davidowitz, Lauren)
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| Minute Entry for proceedings held before Judge Nina Gershon: Case called. In attendance were all parties as well non-parties Akorn, Inc., Mylan Pharmaceuticals, Inc., and Teva Pharmaceuticals, Inc. (the Generics). The parties updated the court on the status of discovery, including discovery from the Generics. Defendant informed the court that its Motion to Compel EPP 1199SEIU to Produce Contracts had been resolved. Oral argument was held on plaintiffs' Motion to Compel Production of Documents withheld as Privileged. The court reserved decision on the portion of plaintiffs' motion concerning whether Allergan had waived attorney-client privilege when it shared documents with two consultants. With regard to the portion of plaintiffs' motion concerning documents relating to Allergan's citizen petitions, defendant will re-review the documents and produce non-privileged ones by January 4, 2019. The parties will meet and confer until January 11, 2019. If disputes remain, the parties will provide the court with further briefing. Plaintiffs' brief is due by January 14, 2019. Defendant's opposition is due by January 28, 2019. Plaintiffs' reply is due by February 4, 2019. The next status conference is scheduled for February 14, 2019 at 10 a.m. in courtroom 6D South. (Court Reporter Michele Nardone.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 207 NOTICE of Appearance by Rachael Rezabek on behalf of Allergan, Inc. (notification declined or already on case) (Rezabek, Rachael) |
| Filing 206 First MOTION to Appear Pro Hac Vice Rachael Rezabek Filing fee $ 150, receipt number ANYEDC-11036574. by Allergan, Inc.. (Rezabek, Rachael) |
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ORDER granting (205) Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 12/18/2018. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB (Stephens-Davidowitz, Lauren)
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ORDER granting #206 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 12/18/2018. (Stephens-Davidowitz, Lauren)
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| Filing 205 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11031180. by FWK Holdings, LLC. (Slater, Matthew) |
| Filing 204 Letter to The Honorable Nina Gershon in response to the Court's December 12, 2018 Order by End-Payor Plaintiffs, International Union of Operating Engineers Local 501 Security Trust Fund, Philadelphia Federation of Teachers Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health & Welfare Trust Fund (Gitlin, Adam) |
| Filing 203 REPLY in Support re #188 MOTION to Compel Production of Documents withheld as Privileged filed by End-Payor Plaintiffs. (Attachments: #1 Declaration of Dena C. Sharp, #2 Exhibit I (Redacted), #3 Exhibit J (Redacted), #4 K (Redacted)) (Sharp, Christina) |
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Filing 202
STIPULATED SUPPLEMENTAL CONFIDENTIALITY ORDER (FOR NONPARTY DESIGNATED MATERIALS), granting (193) Motion for Protective Order in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 12/13/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 201 MOTION for Leave to Electronically File Document under Seal Reply Declaration of Dena C. Sharp in Support of Plaintiffs' Motion to Compel Production of Documents withheld as Privileged by End-Payor Plaintiffs. (Attachments: #1 Declaration of Dena C. Sharp in Support of Plaintiffs' Motion to Compel Production of Documents withheld as Privileged, #2 Exhibit I, #3 Exhibit J, #4 Exhibit K) (Sharp, Christina) |
| Filing 200 MOTION for Leave to Electronically File Document under Seal Plaintiffs' Reply in Support of Motion to Compel Production of Documents withheld as Privileged by End-Payor Plaintiffs. (Attachments: #1 Plaintiffs' Reply in Support of Motion to Compel Production of Documents withheld as Privileged) (Sharp, Christina) |
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Filing 199
ORDER. The court remains unable to understand the significance of three lawyers signing the First Amended Consolidated Class Action Complaint even though their clients are not named as plaintiffs in that complaint. Counsel for International Union of Operating Engineers Local 501 Security Trust Fund, Philadelphia Federation of Teachers Health & Welfare Fund, and Plumbers & Pipefitters Local 178 Health & Welfare Trust Fund are invited to file letters explaining the significance of this situation, including the status of their individually filed "class action" complaints, or, alternatively, to appear at the status conference on 12/19/2018 at 10 a.m. Ordered by Judge Nina Gershon on 12/10/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 198 Letter to The Honorable Nina Gershon responding to Allergan's letter dated December 5, 2018 (Dkt. 186) pursuant to the Court's order dated December 6, 2018 by Teva Pharmaceuticals USA, Inc. (Attachments: #1 Exhibit 1) (Vira, Chandrika) |
| Filing 197 Letter in Response to Court's December 6, 2018 Order by Akorn Inc. (Demuth, Bradley) |
| Filing 196 Letter to The Honorable Nina Gershon responding to Allergan's letter dated December 5, 2018 (Dkt. 186) pursuant to the Court's order dated December 6, 2018 by Mylan Pharmaceuticals, Inc. (Fodeman, Morris) |
| Filing 195 RESPONSE in Opposition re #188 MOTION to Compel Production of Documents withheld as Privileged (Redacted) filed by Allergan, Inc.. (Attachments: #1 McKenney Decl., #2 McKenney Decl. Ex. 1 (Redacted), #3 McKenney Decl. Ex. 2 (Redacted), #4 McKenney Decl. Ex. 3 (Redacted), #5 McKenney Decl. Ex. 4 (Redacted), #6 McKenney Decl. Ex. 5 (Redacted), #7 McKenney Decl. Ex. 6 (Redacted), #8 McKenney Decl. Ex. 7 (Redacted), #9 McKenney Decl. Ex. 8 (Redacted), #10 McKenney Decl. Ex. 9 (Redacted), #11 McKenney Decl. Ex. 10 (Redacted), #12 McKenney Decl. Ex. 11 (Redacted), #13 McKenney Decl. Ex. 12 (Redacted), #14 McKenney Decl. Ex. 13 (Redacted), #15 McKenney Decl. Ex. 14 (Redacted), #16 McKenney Decl. Ex. 15 (Redacted), #17 McKenney Decl. Ex. 16 (Redacted), #18 McKenney Decl. Ex. 17, #19 McKenney Decl. Ex. 18 (Redacted), #20 McKenney Decl. Ex. 19, #21 Burrows Decl. (Redacted), #22 Burrows Decl. Ex. A (Redacted), #23 Lively Decl. (Redacted), #24 Markus Decl. (Redacted)) (Royall, Michael) |
| Filing 194 MOTION for Leave to Electronically File Document under Seal Allergan, Inc.'s Opposition to Plaintiffs' Motion to Compel Production of Documents Withheld as Privileged by Allergan, Inc.. (Attachments: #1 Allergan's Opposition to Plaintiffs' Motion to Compel Production of Documents Withheld as Privileged, #2 McKenney Decl. Ex. 1, #3 McKenney Decl. Ex. 2, #4 McKenney Decl. Ex. 3, #5 McKenney Decl. Ex. 4, #6 McKenney Decl. Ex. 5, #7 McKenney Decl. Ex. 6, #8 McKenney Decl. Ex. 7, #9 McKenney Decl. Ex. 8, #10 McKenney Decl. Ex. 9, #11 McKenney Decl. Ex. 10, #12 McKenney Decl. Ex. 11, #13 McKenney Decl. Ex. 12, #14 McKenney Decl. Ex. 13, #15 McKenney Decl. Ex. 14, #16 McKenney Decl. Ex. 15, #17 McKenney Decl. Ex. 16, #18 McKenney Decl. Ex. 18, #19 Burroughs Decl., #20 Burroughs Decl. Ex. A, #21 Lively Decl., #22 Markus Decl.) (Royall, Michael) |
| Filing 193 MOTION for Protective Order by Allergan, Inc., Plaintiffs in these MDL Proceedings, and Mylan Pharmaceuticals, Inc. filed by Allergan, Inc.. (Attachments: #1 Proposed Order) (Parrott, Matthew) |
| Filing 192 STATUS REPORT Proposed Agenda for December 19, 2018 Status Conference by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 191 MOTION to Compel EPP 1199SEIU to Produce Contracts by Allergan, Inc.. (Attachments: #1 Exhibit A to Motion to Compel, #2 Exhibit B to Motion to Compel, #3 Exhibit C to Motion to Compel, #4 Plaintiff 1199SEIU's Response to Allergan's Letter Motion to Compel) (Stock, Eric) |
| Filing 190 AMENDED COMPLAINT against Allergan, Inc., filed by Self Insured Schools of California, End-Payor Plaintiffs.Associated Cases: 1:18-md-02819-NG-LB, 1:17-cv-06684-NG-LB, 1:17-cv-06755-NG-LB, 1:17-cv-07300-NG-LB, 1:18-cv-00041-NG-LB, 1:18-cv-00816-NG-LB, 1:18-cv-00968-NG-LB, 1:18-cv-00969-NG-LB (Saveri, Joseph) |
| Filing 189 Letter to Court re EPP Claims by 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan, End-Payor Plaintiffs, Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund, Ironworkers Local 383 Health Care Plan, Self Insured Schools of California, Sergeants Benevolent Association Health & Welfare Fund, St. Paul Electrical Workers' Health Plan, United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund (Attachments: #1 Exhibit 1 - Summary of EPP Claims, #2 Exhibit 2 - Redline First Amended Complaint) Associated Cases: 1:18-md-02819-NG-LB et al. (Saveri, Joseph) |
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ORDER: By December 11, 2018, Mylan Pharmaceuticals, Inc., Teva Pharmaceuticals USA, Inc., and Akorn, Inc. (the "Generics") are directed to respond to Allergan's letter dated December 5, 2018. The Generics are further ordered to appear at the next status conference in this case, which is scheduled for December 19, 2018 at 10 a.m. Counsel for Allergan is directed to notify counsel for the Generics of this order. Ordered by Judge Nina Gershon on 12/6/2018. (Stephens-Davidowitz, Lauren)
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| Filing 188 MOTION to Compel Production of Documents withheld as Privileged by End-Payor Plaintiffs. (Attachments: #1 Declaration of Dena C. Sharp (Redacted), #2 Exhibit A (Redacted), #3 Exhibit B (Redacted), #4 Exhibit C (Redacted), #5 Exhibit D (Redacted), #6 Exhibit E (Redacted), #7 Exhibit F (Redacted), #8 Exhibit G (Redacted), #9 Exhibit H (Redacted)) Associated Cases: 1:18-md-02819-NG-LB et al. (Sharp, Christina) |
| Filing 187 MOTION for Leave to Electronically File Document under Seal Plaintiffs' Motion to Compel Production of Documents withheld as Privileged by End-Payor Plaintiffs. (Attachments: #1 Plaintiffs' Motion to Compel Production of Documents withheld as Privileged, #2 Declaration of Dena C. Sharp in support of Plaintiffs' Motion to Compel Production of Documents withheld as Privileged, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H) Associated Cases: 1:18-md-02819-NG-LB et al. (Sharp, Christina) |
| Filing 186 Letter re Update on Status of Negotiations with Generic Manufactures by Allergan, Inc. (Parrott, Matthew) |
| Filing 185 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-10997218. by FWK Holdings, LLC. (Slater, Paul) |
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ORDER granting #185 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF. Registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 12/5/2018. (Stephens-Davidowitz, Lauren)
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ORDER: Defendant's request for an extension of time to file a response to Plaintiffs' Motion to Compel is granted. Defendant's opposition is due by December 10, 2018. Although the parties have not indicated that plaintiffs intend to file a reply, the court directs them to do so. Plaintiffs' reply is due by December 12, 2018. For purposes of this motion, the parties are directed not to follow the court's bundling rule. Each party should file its papers on ECF and provide two sets of courtesy copies to the court. Ordered by Judge Nina Gershon on 12/5/2018. (Stephens-Davidowitz, Lauren)
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| Filing 184 Letter to Judge Nina Gershon from Eric J. Stock re extension of time for Defendant Allergan, Inc. to respond to Plaintiffs' Motion to Compel by Allergan, Inc. (Stock, Eric) |
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Filing 183
JOINT STIPULATION AND ORDER EXTENDING ALLERGAN'S DEADLINE TO RESPOND TO THE OPERATIVE END-PAYOR PLAINTIFFS' CONSOLIDATED CLASS ACTION COMPLAINT. Ordered by Judge Nina Gershon on 12/3/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 182 Letter regarding Plaintiffs' Motion to Compel Production of Documents Withheld as Privileged by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 181 Letter to Judge Nina Gershon from Eric J. Stock re service of Letter-Motion to Compel Production of Documents from 1199 SEIU End-Payor Plaintiffs by Allergan, Inc. (Stock, Eric) |
| Filing 180 Letter to Judge Nina Gershon from Eric J. Stock re submission of joint stipulation and proposed order by Allergan, Inc. (Attachments: #1 Proposed Order Joint Stipulation and Proposed Order) (Stock, Eric) |
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Filing 179
ORDER concerning the End-Payor Plaintiffs (EPPs). By 12/6/2018, counsel for the EPPs are directed to submit to the court information about the status of the certain plaintiffs. By that same date, the court also requests that counsel for the EPPs file a document setting forth the state law claims that remain in the case. Ordered by Judge Nina Gershon on 11/26/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 178 Letter updating Court on federal circuit by Direct Purchaser Class Plaintiffs (Attachments: #1 1) Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
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Filing 177
ORDER denying (87) Motion to Quash in case 1:17-cv-06684-NG-LB; denying (84) Motion to Quash in case 1:17-cv-06755-NG-LB; denying (67) Motion to Quash in case 1:17-cv-07300-NG-LB; denying (60) Motion to Quash in case 1:17- cv-07377-NG-LB; denying (64) Motion to Quash in case 1:18-cv-00041-NG-LB; denying (164) Motion to Quash in case 1:18-md-02819-NG-LB; denying (55) Motion to Quash in case 1:18-cv-00749-NG-LB; denying (92) Motion to Quash in case 1:18-cv-00677-NG-LB; denying (58) Motion to Quash in case 1:18-cv-00816- NG-LB; denying (75) Motion to Quash in case 1:18-cv-00970-NG-LB; denying (72) Motion to Quash in case 1:18-cv-00969-NG-LB; denying (65) Motion to Quash in case 1:18-cv-00973-NG-LB; denying (51) Motion to Quash in case 1:18- cv-00972-NG-LB; denying (57) Motion to Quash in case 1:18-cv-00974-NG-LB; denying (66) Motion to Quash in case 1:18-cv-00968-NG-LB; denying (50) Motion to Quash in case 1:18-cv-01430-NG-LB; denying (35) Motion to Quash in case 1:18-cv-02907-NG-LB; denying (18) Motion to Quash in case 1:18-cv-04419- NG-LB; denying (12) Motion to Quash in case 1:18-cv-04566-NG-LB. Ordered by Judge Nina Gershon on 11/14/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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Filing 176
OPINION AND ORDER ON DEFENDANT'S MOTION TO DISMISS CERTAIN OF THE END-PAYOR PLAINTIFFS' STATE LAW CLAIMS, granting in part and denying in part (114) Motion to Dismiss in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 11/8/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 175 Letter to The Honorable Nina Gershon respectfully clarifying the record regarding statements made by Allergan's counsel during the November 5, 2018 hearing regarding Non-Party Generics' Motion to Quash by Mylan Pharmaceuticals, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Fodeman, Morris) |
| Filing 174 Letter updating Court about Restasis patent infringement appeal by Direct Purchaser Class Plaintiffs (Attachments: #1 Federal Circuit Per Curiam Decision) Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
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ORDER granting (166) Motion for Leave to Electronically File Document under Seal pursuant to (68) Stipulated Confidential Order. Ordered by Judge Nina Gershon on 11/8/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Stephens-Davidowitz, Lauren)
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| Minute Entry for proceedings held before Judge Nina Gershon: Case called. All parties present. The parties updated the court on the status of discovery. Oral argument was held on Motion to Quash filed by non-parties Akorn, Inc., Mylan Pharmaceuticals, Inc., and Teva Pharmaceuticals, Inc. (Michael Dzwonczyk, Esq. for Akorn, Inc.; Brendan Coffman, Esq. and Morris Fodeman, Esq. for Mylan Pharmaceuticals; Chandrika Vira, Esq. for Teva Pharmaceuticals, Inc.). The court reserved decision. The next status conference is scheduled for December 19, 2018 at 10 a.m. in courtroom 6D South. The parties are to fully brief (by letter or motion) disputes that require the court's attention by December 6, 2018. (Court Reporter Charleane Heading.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 173 STATUS REPORT CORRECTED Proposed Agenda for November 5, 2018 Status Conference by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| NOTICE to Counsel: The court would welcome the appearance of counsel for the Generics at the conference scheduled for November 5, 2018. Counsel for the parties are directed to notify counsel for the Generics of this notice. (Stephens-Davidowitz, Lauren) |
| Filing 172 Letter to Judge Nina Gershon re Motion to Quash by End-Payor Plaintiffs (Drachler, Dan) |
| Filing 171 STATUS REPORT Jointly Proposed Agenda for November 5, 2018 Status Conference by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| Filing 170 Letter from Kristen Johnson transmitting courtesy copies of sealed and publicly available documents re motion to quash briefing by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| Filing 169 REPLY in Support re (167 in 1:18-md-02819-NG-LB) Memorandum in Opposition,,,,,,,,, Reply Brief on Behalf of Mylan Pharmaceuticals, Inc. in Support of Motion to Quash filed by Direct Purchaser Class Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Declaration Declaration of Bradley A. Matta) Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| Filing 168 REPLY in Support re (167 in 1:18-md-02819-NG-LB) Memorandum in Opposition,,,,,,,,, Reply Brief on Behalf of Teva Pharmaceuticals USA, Inc. and Akorn, Inc. in Support of Their Motion to Quash filed by Direct Purchaser Class Plaintiffs. (Attachments: #1 Declaration Declaration of Jennifer King) Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| Filing 167 MEMORANDUM in Opposition re (164 in 1:18-md-02819-NG-LB) MOTION to Quash or, in the alternative, modify rule 45 discovery subpoenas on behalf of Akorn, Inc., Mylan Pharmaceuticals, Inc., and Teva Pharmaceuticals USA, Inc. Allergan's Opposition to Generic Manufacturers' Motion to Quash filed by Direct Purchaser Class Plaintiffs. (Attachments: #1 Declaration Declaration of Matthew C. Parrott, #2 Exhibit 1 to Declaration of Matthew C. Parrott, #3 Exhibit 2 to Declaration of Matthew C. Parrott, #4 Exhibit 3 to Declaration of Matthew C. Parrott, #5 Exhibit 4 to Declaration of Matthew C. Parrott, #6 Exhibit 5 to Declaration of Matthew C. Parrott, #7 Exhibit 6 to Declaration of Matthew C. Parrott, #8 Exhibit 7 to Declaration of Matthew C. Parrott, #9 Exhibit 8 to Declaration of Matthew C. Parrott, #10 Exhibit 9 to Declaration of Matthew C. Parrott, #11 Exhibit 10 to Declaration of Matthew C. Parrott, #12 Exhibit 11 to Declaration of Matthew C. Parrott, #13 Exhibit 12 to Declaration of Matthew C. Parrott (sealed), #14 Exhibit 13 to Declaration of Matthew C. Parrott (sealed), #15 Exhibit 14 to Declaration of Matthew C. Parrott (sealed), #16 Exhibit 15 to Declaration of Matthew C. Parrott (sealed), #17 Exhibit 16 to Declaration of Matthew C. Parrott (sealed), #18 Exhibit 17 to Declaration of Matthew C. Parrott (sealed), #19 Exhibit 18 to Declaration of Matthew C. Parrott (sealed), #20 Exhibit 19 to Declaration of Matthew C. Parrott (sealed), #21 Exhibit 20 to Declaration of Matthew C. Parrott (sealed), #22 Exhibit 21 to Declaration of Matthew C. Parrott (sealed), #23 Exhibit 22 to Declaration of Matthew C. Parrott, #24 Exhibit 23 to Declaration of Matthew C. Parrott, #25 Exhibit 24 to Declaration of Matthew C. Parrott, #26 Exhibit 25 to Declaration of Matthew C. Parrott, #27 Exhibit 26 to Declaration of Matthew C. Parrott, #28 Exhibit 27 to Declaration of Matthew C. Parrott, #29 Exhibit 28 to Declaration of Matthew C. Parrott, #30 Exhibit 29 to Declaration of Matthew C. Parrott, #31 Declaration Declaration of Jason C. McKenney, #32 Declaration Declaration of Donald P. Bunnin, #33 Declaration Declaration of John R. Duff) Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| Filing 166 MOTION for Leave to Electronically File Document under Seal Allergan's Opposition to Generic Manufacturers' Motion to Quash by Direct Purchaser Class Plaintiffs. (Attachments: #1 Allergan, Inc.'s Opposition to Generic Manufacturers' Motion to Quash or, In The Alternative, Modify Rule 45 Discovery Subpoenas, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 15, #6 Exhibit 16, #7 Exhibit 17, #8 Exhibit 18, #9 Exhibit 19, #10 Exhibit 20, #11 Exhibit 21) Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| Filing 165 RESPONSE to Motion re (164 in 1:18-md-02819-NG-LB, 57 in 1:18-cv-00974-NG-LB) MOTION to Quash or, in the alternative, modify rule 45 discovery subpoenas on behalf of Akorn, Inc., Mylan Pharmaceuticals, Inc., and Teva Pharmaceuticals USA, Inc. filed by Direct Purchaser Class Plaintiffs. (Attachments: #1 Exhibit 1 - Proposed Supplemental Confidentiality Order, #2 Exhibit 2- Proposed Order on Motion to Quash, #3 Declaration Declaration of Bradley J. Demuth, #4 Exhibit 1 to Declaration of Bradley J. Demuth, #5 Exhibit 2 to Declaration of Bradley J. Demuth) Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| Filing 164 MOTION to Quash or, in the alternative, modify rule 45 discovery subpoenas on behalf of Akorn, Inc., Mylan Pharmaceuticals, Inc., and Teva Pharmaceuticals USA, Inc. by Direct Purchaser Class Plaintiffs. (Attachments: #1 Exhibit A - P) Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| Filing 163 Allergan, Inc.'s ANSWER to Complaint of Walgreen Co., The Kroger Co., Albertsons Companies, Inc. and HEB Grocery Company L.P. by Allergan, Inc.. (Parrott, Matthew) |
| Filing 162 Allergan, Inc.'s ANSWER to Complaint of Rite Aid Corp. and Rite Aid Hdqtrs. Corp. by Allergan, Inc.. (Parrott, Matthew) |
| Filing 161 Allergan, Inc.'s ANSWER to Complaint of Direct Purchaser Class Plaintiffs by Allergan, Inc.. (Parrott, Matthew) |
| Filing 160 Allergan, Inc.'s ANSWER to Complaint of CVS Pharmacy, Inc. by Allergan, Inc.. (Parrott, Matthew) |
| Filing 159 NOTICE of Appearance by Kathleen Marie Konopka on behalf of 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, End-Payor Plaintiffs, American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan, In Re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation (aty to be noticed) Associated Cases: 1:18-md-02819-NG-LB, 1:17-cv-06684-NG-LB, 1:17-cv-06755-NG-LB (Konopka, Kathleen) |
| Filing 158 Letter on behalf of all plaintiffs updating Court about federal circuit by Direct Purchaser Class Plaintiffs (Attachments: #1 Exhibit A - Order on petition for rehearing en banc) Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
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Filing 157
OPINION AND ORDER ON PLAINTIFFS' AND DEFENDANT'S MOTIONS TO COMPEL, granting in part and denying in part (144) Motion to Compel in case 1:18-md-02819-NG- LB; granting (145) Motion to Compel in case 1:18-md-02819-NG-LB. Plaintiffs' motion to compel discovery from Brenton Saunders, Robert Bailey, and Arnold Pinkston is granted in full. Defendant's motion to compel is granted to the extent that KPH is ordered to provide Allergan with documents establishing its financial position, as agreed upon by the parties. Defendant's motion is otherwise denied. Ordered by Judge Nina Gershon on 10/17/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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Filing 156
JOINT STIPULATION AND ORDER EXTENDING ALLERGAN'S DEADLINE TO RESPOND TO THE DPP CONSOLIDATED COMPLAINT, WALGREEN COMPLAINT, RITE AID COMPLAINT, AND CVS COMPLAINT to 10/29/2018. The privilege log deadline of 10/6/2018 described in the current case management order (Dkt. No. #77 ) is vacated and Allergan shall instead provide the privilege log discussed at the 9/26/2018 Conference on 10/15/2018. Ordered by Judge Nina Gershon on 10/9/2018. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-02907-NG-LB, 1:18-cv-04419-NG- LB, 1:18-cv-04566-NG-LB (Barrett, C)
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ORDER granting #142 Motion for Leave to Electronically File Document under Seal pursuant to #68 Stipulated Confidential Order. Ordered by Judge Nina Gershon on 10/9/2018. (Stephens-Davidowitz, Lauren)
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| Filing 155 Letter to Judge Nina Gershon from Eric J. Stock re submission of joint stipulation and proposed order by Allergan, Inc. (Attachments: #1 Proposed Order Joint Stipulation and Proposed Order) (Stock, Eric) |
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Filing 154
JOINT STIPULATION AND ORDER TO EXTEND THE BRIEFING SCHEDULE ON AKORN, INC., MYLAN PHARMACEUTICALS, INC. AND TEVA PHARMACEUTICALS USA, INC.'S MOTION TO QUASH PLAINTIFFS' AND DEFENDANT'S RULE 45 SUBPOENAS. Ordered by Judge Nina Gershon on 10/4/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 153 Letter to Judge Nina Gershon from Eric J. Stock re submission of joint stipulation and proposed order by Allergan, Inc. (Attachments: #1 Proposed Order - Joint Stipulation and Proposed Order) (Stock, Eric) |
| Filing 152 NOTICE of Change of Firm Name and Email by Christina H.C. Sharp (Sharp, Christina) |
| Filing 151 Letter to Parties re: service of Motion to Quash on behalf of NON-PARTY SUBPOENA RECIPIENTS AKORN, INC., MYLAN PHARMACEUTICALS, INC., AND TEVA PHARMACEUTICALS USA, INC. by Mylan Pharmaceuticals, Inc. (Fodeman, Morris) |
| Minute Entry for proceedings held before Judge Nina Gershon: Case called. All parties present. Oral argument held on plaintiffs' Motion to Compel and defendant's Motion to Compel. The Court reserved decision. The next conference is set for November 5, 2018 at 2 p.m. in courtroom 6D South. (Court Reporter Linda Marino.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 150 Letter updating Court about Restasis patent infringement appeal by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| Filing 149 Letter to Judge Nina Gershon regarding Plaintiffs' motion to compel by End-Payor Plaintiffs (Attachments: #1 Joint Chart) (Sharp, Christina) |
| Filing 148 STATUS REPORT Proposed Joint Agenda for September 26, 2018 Status Conference by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
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ORDER granting #147 Motion to Withdraw as Attorney. Attorney Frazar Wright Thomas; Matthew C. Weiner; D. Sean Nation and Steve D. Shadowen terminated Ordered by Judge Nina Gershon on 9/20/2018. (Stephens-Davidowitz, Lauren)
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| Filing 147 MOTION to Withdraw as Attorney the Hilliard Shadowen Firm by Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund. (Shadowen, Steve) |
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Filing 146
OPINION AND ORDER ON DEFENDANT'S MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6) FOR FAILURE TO ALLEGE CAUSATION, denying (111) Motion to Dismiss for Failure to State a Claim for Lack of Causation in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 9/17/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 145 Notice of MOTION to Compel Specific Searches from Three Allergan Custodians by Direct Purchaser Class Plaintiffs, End-Payor Plaintiffs. (Attachments: #1 Memorandum in Support of Plaintiffs' Motion to Compel Specific Searches from Three Allergan Custodians (REDACTED), #2 Declaration of Dena Sharp in Support, #3 Exhibit A to Sharp Declaration (SEALED), #4 Exhibit B to Sharp Declaration, #5 Exhibit C to Sharp Declaration (SEALED), #6 Exhibit D to Sharp Declaration, #7 Exhibit E to Sharp Declaration, #8 Exhibit F to Sharp Declaration, #9 Exhibit G to Sharp Declaration, #10 Exhibit H to Sharp Declaration, #11 Exhibit I-T to Sharp Declaration (SEALED), #12 Proposed Order) (Fastiff, Eric) |
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ORDER granting #141 Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 9/13/2018. (Stephens-Davidowitz, Lauren)
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| Filing 144 MOTION to Compel by Allergan, Inc.. (Attachments: #1 Memorandum in Support Allergan's Memorandum of Law in Support of Its Motion to Compel, #2 Declaration Declaration of Adam Jantzi in Support of Allergan's Motion to Compel, #3 Exhibit Jantzi Declaration Ex. 1 - Responses, #4 Exhibit Jantzi Declaration Ex. 2 - Objections, #5 Exhibit Jantzi Declaration Ex. 3 - Letter, #6 Exhibit Jantzi Declaration Ex. 4 - Response, #7 Exhibit Jantzi Declaration Ex. 5 - Response, #8 Exhibit Jantzi Declaration Ex. 6 - Under Seal, #9 Exhibit Jantzi Declaration Ex. 7 - Under Seal, #10 Exhibit Jantzi Declaration Ex. 8 - Articles of Organization, #11 Exhibit Jantzi Declaration Ex. 9 - Under Seal, #12 Exhibit Jantzi Declaration Ex. 10 - Corporation Search, #13 Exhibit Jantzi Declaration Ex. 11 - Corporate Search, #14 Exhibit Jantzi Declaration Ex. 12 - Corporate Report, #15 Exhibit Jantzi Declaration Ex. 13 - Corporate Report, #16 Memorandum in Opposition Direct Purchaser Plaintiffs' Oppostion to Allergan's Motion to Compel, #17 Declaration Declaration of Kristen A. Johnson in Support of Direct Purchaser Plaintiffs' Oppostion to Allergan's Motion to Compel, #18 Exhibit Johnson Declaration Exhibit 1 - Transcript, #19 Exhibit Johnson Declaration Exhibit 2 - Trancript, #20 Memorandum in Opposition End-Payor Plaintiffs' Memorandum in Opposititon to Allergan's Motion to Compel Premium and Employer Contribution Discovery, #21 Declaration Declaration of Adam Gitlin in Support of End-Payor Plaintiffs' Memorandum in Opposititon to Allergan's Motion to Compel Premium and Employer Contribution Discovery, #22 Exhibit Gitlin Declaration Exhibit 1 - Requests for Production) (Stock, Eric) |
| Filing 143 MEMORANDUM in Opposition re #142 MOTION for Leave to Electronically File Document under Seal Pursuant to Stipulated Confidentiality Order filed by All Plaintiffs. (Fastiff, Eric) |
| Filing 142 MOTION for Leave to Electronically File Document under Seal Pursuant to Stipulated Confidentiality Order by End-Payor Plaintiffs. (Attachments: #1 Notice of Motion to Compel Specific Searches from Three Allergan Custodians, #2 Memorandum in Support, #3 Declaration of Dena Sharp in Support, #4 Exhibit A to Sharp Declaration, #5 Exhibit B to Sharp Declaration, #6 Exhibit C to Sharp Declaration, #7 Exhibit D to Sharp Declaration, #8 Exhibit E to Sharp Declaration, #9 Exhibit F to Sharp Declaration, #10 Exhibit G to Sharp Declaration, #11 Exhibit H to Sharp Declaration, #12 Exhibit I to Sharp Declaration, #13 Exhibit J to Sharp Declaration, #14 Exhibit K to Sharp Declaration, #15 Exhibit L to Sharp Declaration, #16 Exhibit M to Sharp Declaration, #17 Exhibit N to Sharp Declaration, #18 Exhibit O to Sharp Declaration, #19 Exhibit P to Sharp Declaration, #20 Exhibit Q to Sharp Declaration, #21 Exhibit R to Sharp Declaration, #22 Exhibit S to Sharp Declaration, #23 Exhibit T to Sharp Declaration, #24 Proposed Order) (Fastiff, Eric) |
| Filing 141 MOTION for Leave to Appear Pro Hac Vice Alexander J. Egervary Filing fee $ 150, receipt number 0207-10721596. by CVS Pharmacy, Inc., Rite Aid Corp., Rite Aid Hdqtrs. Corp.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-04419-NG-LB, 1:18-cv-04566-NG-LB (Bloom, Eric) |
| Filing 140 NOTICE of Appearance by Eric Bloom on behalf of CVS Pharmacy, Inc., Rite AID Corp., Rite Aid Hdqtrs. Corp., Rite Aid Corp. (aty to be noticed) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-04419-NG-LB, 1:18-cv-04566-NG-LB (Bloom, Eric) |
| Filing 139 Letter MOTION for Leave to File Separate 5 Page Brief in Opposition to Allergan's Motion to Compel by End-Payor Plaintiffs. (Drachler, Dan) |
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ORDER granting #139 End Payer Plaintiffs' Motion for Leave to File a separate brief from the Direct Purchaser Plaintiffs in opposition to defendant's Motion to Compel. Ordered by Judge Nina Gershon on 9/11/2018. (Stephens-Davidowitz, Lauren)
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Filing 138
ORDER granting #137 Motion for Extension of Time to File. The deadline to file oppositions to the Motions to Compel is extended to September 12, 2018. (Stephens-Davidowitz, Lauren)
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| Filing 137 Joint MOTION for Extension of Time to File Oppositions to Motions to Compel by Allergan, Inc.. (Stock, Eric) |
| Set/Reset Hearings: Status conference scheduled for 9/17/2018 is adjourned to 9/26/2018 at 10:30 AM in Courtroom 6D South before Judge Nina Gershon. (Joe, Victor) |
| Set/Reset Hearings: Status Conference scheduled for 9/17/2018 is adjourned to 9/26/2018 at 10:30 AM in Courtroom 6D South before Judge Nina Gershon. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 136 Letter to Judge Nina Gershon from Eric J. Stock re cover letter pursuant to the Judge's Rules for the service of the Motion to Compel by Allergan, Inc. (Stock, Eric) |
| Filing 135 Letter Regarding Plaintiffs' Motion to Compel Specific Searches from Three Allergan Custodians by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 134 AMENDED COMPLAINT AND JURY TRIAL DEMAND against Allergan, Inc., filed by The Kroger Co., Walgreen Co., HEB Grocery Company L.P., Albertsons Companies, Inc..Associated Cases: 1:18-md-02819-NG-LB, 1:17-cv-06684-NG-LB, 1:17-cv-06755-NG-LB, 1:17-cv-07300-NG-LB, 1:17-cv-07377-NG-LB, 1:18-cv-00041-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00749-NG-LB, 1:18-cv-00816-NG-LB, 1:18-cv-00968-NG-LB, 1:18-cv-00969-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00972-NG-LB, 1:18-cv-00973-NG-LB, 1:18-cv-00974-NG-LB, 1:18-cv-01430-NG-LB, 1:18-cv-02907-NG-LB, 1:18-cv-04566-NG-LB (Perwin, Scott) |
| Filing 133 NOTICE of Appearance by Nicholas Urban on behalf of Rochester Drug Cooperative, Inc (notification declined or already on case) (Urban, Nicholas) |
| Filing 132 MOTION for Leave to Appear Pro Hac Vice of Nicholas Urban Filing fee $ 150, receipt number 0207-10679200. by Rochester Drug Cooperative, Inc. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing) (Urban, Nicholas) |
| Filing 131 Notice of Related Case (Bowens, Priscilla) |
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ORDER granting #132 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 8/23/2018. (Stephens-Davidowitz, Lauren)
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| Filing 130 NOTICE by Allergan, Inc. of Filing Defendants Demonstrative Presented at July 26, 2018 Hearing on Defendant's Motions to Dismiss Complaints (Stock, Eric) |
| Filing 129 Letter from Robert N. Kaplan to the Honorable Nina Gershon, enclosing courtesy copies of plaintiffs' presentation (ECF No. 127) and timeline of events (ECF No. 128) by Direct Purchaser Class Plaintiffs (Kaplan, Robert) |
| Filing 128 NOTICE by Direct Purchaser Class Plaintiffs filing Restasis Timeline of Events 2013-2018 Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| Filing 127 NOTICE by Direct Purchaser Class Plaintiffs filing Plaintiffs' Presentation at July 26, 2018 Hearing on Defendant's Motion to Dismiss Complaints Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
| Amended Minute Entry for proceedings held on 7/26/2018 before Judge Nina Gershon: Case called. All parties present. Oral argument held on defendant's Motion to Dismiss for Failure to State a Claim For Lack of Causation and defendant's Motion to Dismiss End Payor Plaintiffs' State Law Claims. The Court reserved decision on the motions. The Court issued rulings regarding some ESI discovery disputes and directed the parties to attempt to resolve the remaining discovery disputes, including those regarding class certification (see transcript). If discovery disputes remain, the Court directed the parties to file motion papers by August 29, 2018. Opposition papers shall be filed by September 6, 2018. The next status conference is scheduled for September 17, 2018 at 10:30 a.m. in courtroom 6D South. (Court Reporter Sophie Nolan.) Associated Cases: 1:18-md-02819-NG-LB et al. Modified on 7/30/2018 (Joe, Victor). |
| Filing 126 NOTICE of Appearance by Steven N. Williams on behalf of End-Payor Plaintiffs, Self Insured Schools of California (aty to be noticed) (Williams, Steven) |
| Filing 125 STATUS REPORT [Proposed] Agenda for July 26, 2018 Status Conference filed jointly by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Johnson, Kristen) |
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ORDER granting #123 Motion for Leave to Appear Pro Hac Vice. Ordered by Judge Nina Gershon on 7/23/2018. (Stephens-Davidowitz, Lauren)
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| Filing 124 Letter to Judge Gershon from Plaintiffs regarding Patent IPR Proceedings by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 123 Notice of MOTION for Leave to Appear Pro Hac Vice of John P. Bjork Filing fee $ 150, receipt number 0207-10599049. by FWK Holdings, LLC. (Bjork, John) |
| Filing 122 Letter to Judge Nina Gershon From Allergan Regarding Search Terms and Custodians by Allergan, Inc. (Stock, Eric) |
| Filing 121 Letter to Judge Nina Gershon From Allergan Regarding Plaintiffs' Responses To Requests For Production by Allergan, Inc. (Stock, Eric) |
| Filing 120 Letter to Judge Nina Gershon from Plaintiffs regarding Discovery Issues by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 119 Letter to Judge Nina Gershon from Plaintiffs regarding Custodians by End-Payor Plaintiffs (Sharp, Christina) |
| Filing 118 Letter to Judge Nina Gershon from Plaintiffs regarding Search Terms by End-Payor Plaintiffs (Sharp, Christina) |
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Filing 117
JOINT STIPULATION AND ORDER TO STAY PROCEEDINGS PENDING RESOLUTION OF CAUSATION MOTION TO DISMISS as to Case 1:18-cv-02907-NG- LB. Allergan's time to answer, move, or otherwise respond to the Walgreen Complaint is extended to 30 days after this Court rules on the Causation Motion. Ordered by Judge Nina Gershon on 6/20/2018. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-02907-NG-LB (Barrett, C)
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| Filing 116 REPLY in Support of Allergan's Motion to Dismiss End-Payor Plaintiffs' State Law Claims filed by Allergan, Inc.. (Royall, Michael) |
| Filing 115 MEMORANDUM in Opposition to Allergan's Motion to Dismiss End-Payor Plaintiffs' State Law Claims on behalf of End-Payor Plaintiffs filed by Allergan, Inc.. (Attachments: #1 Declaration of Scott Grzenczyk, #2 Exhibit A to Declaration of of Scott Grzenczyk, #3 Certificate of Service) (Royall, Michael) |
| Filing 114 MOTION to Dismiss End Payor Plaintiffs' State Law Claims by Allergan, Inc.. (Attachments: #1 Memorandum in Support) (Royall, Michael) |
| Filing 113 REPLY in Support re #111 Motion to Dismiss for Failure to State a Claim For Lack of Causation filed by Allergan, Inc.. (Royall, Michael) |
| Filing 112 MEMORANDUM in Opposition re #111 Motion to Dismiss for Failure to State a Claim For Lack of Causation on behalf of End-Payor Class Plaintiffs filed by Allergan, Inc.. (Attachments: #1 Declaration of Kristen A. Johnson, #2 Exhibit 1 to Declaration of Kristen A. Johnson, #3 Exhibit 2 to Declaration of Kristen A. Johnson, #4 Exhibit 3 to Declaration of Kristen A. Johnson, #5 Exhibit 4 Declaration of Kristen A. Johnson, #6 Exhibit 5 to Declaration of Kristen A. Johnson, #7 Exhibit 6 to Declaration of Kristen A. Johnson, #8 Exhibit 7 to Declaration of Kristen A. Johnson, #9 Exhibit 8 to Declaration of Kristen A. Johnson, #10 Exhibit 9 to Declaration of Kristen A. Johnson, #11 Exhibit 10 to Declaration of Kristen A. Johnson, #12 Exhibit 11 to Declaration of Kristen A. Johnson, #13 Exhibit 12 to Declaration of Kristen A. Johnson, #14 Exhibit 13 to Declaration of Kristen A. Johnson, #15 Exhibit 14 to Declaration of Kristen A. Johnson, #16 Exhibit 15 to Declaration of Kristen A. Johnson, #17 Exhibit 16 to Declaration of Kristen A. Johnson, #18 Exhibit 17 to Declaration of Kristen A. Johnson, #19 Exhibit 18 to Declaration of Kristen A. Johnson, #20 Request for Judicial Notice) (Royall, Michael) |
| Filing 111 Motion to Dismiss for Failure to State a Claim For Lack of Causation by Allergan, Inc.. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion to Dismiss, #2 Declaration Declaration of Jason C. McKenney, #3 Exhibit Exhibit A to Declaration of Jason C. McKenney, #4 Exhibit Exhibit B to Declaration of Jason C. McKenney, #5 Exhibit Exhibit C to Declaration of Jason C. McKenney, #6 Exhibit Exhibit D to Declaration of Jason C. McKenney, #7 Exhibit Exhibit E to Declaration of Jason C. McKenney, #8 Exhibit Exhibit F to Declaration of Jason C. McKenney, #9 Exhibit Exhibit G to Declaration of Jason C. McKenney, #10 Exhibit Exhibit H to Declaration of Jason C. McKenney, #11 Request for Judicial Notice) (Royall, Michael) |
| Filing 110 Letter to Judge Nina Gershon from Eric J. Stock re courtesy copy cover letter by Allergan, Inc. (Stock, Eric) |
| Filing 109 Letter to Judge Nina Gershon from Eric J. Stock re submission of joint stipulation and proposed order by Allergan, Inc. (Attachments: #1 Proposed Order - Joint Stipulation and Proposed Order) (Stock, Eric) |
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Filing 108
ORDER REGARDING PROTOCOL FOR THE DISCOVERY OF ELECTRONICALLY STORED INFORMATION AND HARD COPY DOCUMENTS. Ordered by Judge Nina Gershon on 6/11/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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Filing 107
ENDORSED ORDER granting #102 Motion to Withdraw as Attorney. Attorney James R. Dugan terminated. Ordered by Judge Nina Gershon on 6/4/2018. (Barrett, C)
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| Filing 106 Letter filed jointly from Thomas M. Sobol by Direct Purchaser Class Plaintiffs (Attachments: #1 Parties' Revised Order Regarding ESI Protocol) Associated Cases: 1:18-md-02819-NG-LB et al. (Sobol, Thomas) |
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Filing 105
ORDER DISMISSING CASE 1:18-cv-00973-NG-LB without prejudice. Ordered by Judge Nina Gershon on 5/31/2018. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00973-NG-LB (Barrett, C)
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| Filing 104 NOTICE of Change of Address by Peter G Safirstein (Safirstein, Peter) |
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Filing 103
ORDER ON ELECTRONICALLY STORED INFORMATION ("ESI") PROTOCOL. The parties are directed to submit a revised ESI protocol that conforms to this order by June 8, 2018. As per the parties' agreement, the June 20, 2018 status conference is adjourned to July 26, 2018 at 10:30 a.m. and will be combined with oral argument on defendant's motions to dismiss. Ordered by Judge Nina Gershon on 5/31/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 102 MOTION to Withdraw as Attorney by Allied Services Division Welfare Fund, American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan, Direct Purchaser Class Plaintiffs. (Dugan, James) |
| Filing 101 NOTICE of Appearance by Richard A. Arnold on behalf of Albertsons Companies, Inc., HEB Grocery Company L.P., The Kroger Co., Walgreen Co. (notification declined or already on case) Associated Cases: 1:18-md-02819-NG-LB et al. (Arnold, Richard) |
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ORDER granting (97), (98), and (99) in case 18-md-2819, as well as (2), (12), (13), and (14) in case 18-cv-2907, all of which are Motions for Leave to Appear Pro Hac Vice. The attorneys shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorneys shall each file a notice of appearance and ensure that they receive electronic notification of activity in this case. Also, the attorneys shall ensure that the 150 admission fees be submitted to the Clerks Office via filing the event "Pro Hac Vice Filing Fee." Ordered by Judge Nina Gershon on 5/24/2018. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-02907-NG-LB (Passeser, Daniel)
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| Filing 100 Letter filed Jointly regarding Custodians and Search Terms by End-Payor Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Sharp, Christina) |
| Filing 99 MOTION for Leave to Appear Pro Hac Vice of Richard Alan Arnold Filing fee $ 150, receipt number 0207-10453572. by Albertsons Companies, Inc., HEB Grocery Company L.P., The Kroger Co., Walgreen Co.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Arnold, Richard) |
| Filing 98 MOTION for Leave to Appear Pro Hac Vice of Lauren C. Ravkind Filing fee $ 150, receipt number 0207-10453349. by Albertsons Companies, Inc., HEB Grocery Company L.P., The Kroger Co., Walgreen Co.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing) (Ravkind, Lauren) |
| Filing 97 Notice of MOTION for Leave to Appear Pro Hac Vice Anna T. Neill Filing fee $ 150, receipt number 0207-10452483. by Albertsons Companies, Inc., HEB Grocery Company L.P., The Kroger Co., Walgreen Co.. (Attachments: #1 Affidavit, #2 Exhibit) (Neill, Anna) |
| Filing 96 NOTICE of Appearance by Joshua Barton Gray on behalf of Albertsons Companies, Inc., HEB Grocery Company L.P., The Kroger Co., Walgreen Co. (aty to be noticed) Associated Cases: 1:18-md-02819-NG-LB et al. (Gray, Joshua) |
| Filing 95 NOTICE of Appearance by Lauren Carol Ravkind on behalf of Albertsons Companies, Inc., HEB Grocery Company L.P., The Kroger Co., Walgreen Co. (aty to be noticed) Associated Cases: 1:18-md-02819-NG-LB et al. (Ravkind, Lauren) |
| Filing 94 Letter from Robert N. Kaplan to the Honorable Nina Gershon, enclosing courtesy copy of parties' joint letter (ECF No. 91) by Direct Purchaser Class Plaintiffs (Kaplan, Robert) |
| Filing 93 NOTICE of Appearance by Anna Theresa Neill on behalf of Albertsons Companies, Inc., HEB Grocery Company L.P., The Kroger Co., Walgreen Co. (aty to be noticed) (Neill, Anna) |
| Filing 92 Letter from Scott Perwin to Judge Gershon and Judge Bloom by Albertsons Companies, Inc., HEB Grocery Company L.P., The Kroger Co., Walgreen Co. Associated Cases: 1:18-md-02819-NG-LB et al. (Perwin, Scott) |
| Filing 91 Letter filed jointly from Thomas M. Sobol by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Sobol, Thomas) |
| Filing 90 NOTICE of Appearance by Debra G. Josephson on behalf of KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated (notification declined or already on case) (Attachments: #1 Certificate of Service) (Josephson, Debra) |
| Filing 89 NOTICE of Appearance by Michael L. Roberts on behalf of KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated (notification declined or already on case) (Attachments: #1 Certificate of Service) (Roberts, Michael) |
| Filing 88 NOTICE of Appearance by Karen S. Halbert on behalf of KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated (notification declined or already on case) (Attachments: #1 Certificate of Service) (Halbert, Karen) |
| Filing 87 NOTICE of Appearance by Stephanie Egner Smith on behalf of KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated (notification declined or already on case) (Attachments: #1 Certificate of Service) (Smith, Stephanie) |
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ORDER granting #83 , #84 , #85 , and #86 , Motions for Leave to Appear Pro Hac Vice. The attorneys shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorneys shall each file notices of appearance and ensure that they receive electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerks Office via filing the event "Pro Hac Vice Filing Fee." Ordered by Judge Nina Gershon on 5/11/2018. (Passeser, Daniel)
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| Filing 86 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10420105. by KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated. (Attachments: #1 Affidavit, #2 AR Certificate of Good Standing, #3 FL Certificate of Good Standing, #4 NY Certificate of Good Standing, #5 TN Certificate of Good Standing, #6 TX Certificate of Good Standing, #7 Certificate of Service) (Roberts, Michael) |
| Filing 85 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10419527. by KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Certificate of Service) (Halbert, Karen) |
| Filing 84 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10419501. by KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated. (Attachments: #1 Affidavit Affidavit, #2 Certificate of Good Standing, #3 Certificate of Service Certificate of Service) (Smith, Stephanie) |
| Filing 83 Notice of MOTION for Leave to Appear Pro Hac Vice Debra Josephson Filing fee $ 150, receipt number 0207-10419201. by KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated. (Attachments: #1 Affidavit Affidavit of Debra G. Josephson, #2 Certificate of Good Standing, #3 Certificate of Service Certificate of Service) (Josephson, Debra) |
| Filing 82 NOTICE of Appearance by Jessica N. Servais on behalf of St. Paul Electrical Workers' Health Plan (notification declined or already on case) (Attachments: #1 Certificate of Service) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00041-NG-LB (Servais, Jessica) |
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ORDER granting (76) Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 5/8/2018. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00041-NG-LB (Passeser, Daniel)
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Filing 81
ORDER REGARDING JUNE 20, 2018 STATUS CONFERENCE. The parties are directed to confer regarding this proposal and submit a letter by 5/18/2018 indicating their positions. Ordered by Judge Nina Gershon on 5/7/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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Filing 80
ORDER REQUIRING PRODUCTION OF MATERIALS FROM ALLERGAN, INC. V. TEVA PHARMACEUTICALS USA, ET AL., NO. 2:15-CV-1455-WCB (E.D. TEX.). Ordered by Judge Nina Gershon on 5/7/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 79 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 22, 2018, before Judge Nina Gershon. Court Reporter/Transcriber David R. Roy, Telephone number (718) 613-2609. Email address: drroyofcr@gmail.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 5/28/2018. Redacted Transcript Deadline set for 6/7/2018. Release of Transcript Restriction set for 8/6/2018. (Roy, David) |
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Filing 78
STIPULATED PRIVILEGE PROTOCOL. Ordered by Judge Nina Gershon on 5/7/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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Filing 77
CASE MANAGEMENT ORDER NO. 2. Ordered by Judge Nina Gershon on 5/7/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 76 MOTION for Leave to Appear Pro Hac Vice for Jessica N. Servais Filing fee $ 150, receipt number 0207-10411498. by St. Paul Electrical Workers' Health Plan. (Attachments: #1 Affidavit, #2 Exhibit MN Certificate of Good Standing, #3 Exhibit WI Certificate of Good Standing) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00041-NG-LB (Servais, Jessica) |
| Filing 75 Letter from Robert N. Kaplan to the Honorable Nina Gershon, enclosing courtesy copy of Joint Status Report for the June 20, 2018 Status Conference by Direct Purchaser Class Plaintiffs (Kaplan, Robert) |
| Filing 74 STATUS REPORT Joint Status Report for June 20, 2018 Status Conference by Direct Purchaser Class Plaintiffs (Attachments: #1 Exhibit 1 - joint letter and proposed order regarding Allergan's priority production, #2 Exhibit 2 - jointly proposed case management order no. 2, #3 Exhibit 3 - jointly proposed ESI protocol, #4 Exhibit 4 - Allergan's letter regarding ESI, #5 Exhibit 5 - Plaintiffs' letter regarding ESI, #6 Exhibit 6 - jointly proposed privilege log protocol, #7 Exhibit 7 - Plaintiffs' anticipated experts and expert topics) Associated Cases: 1:18-md-02819-NG-LB et al. (Sobol, Thomas) |
| Filing 73 NOTICE of Appearance by Renae D. Steiner on behalf of St. Paul Electrical Workers' Health Plan (notification declined or already on case) (Attachments: #1 Certificate of Service) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00041-NG-LB (Steiner, Renae) |
| Filing 72 MOTION for Leave to Appear Pro Hac Vice for Renae D. Steiner Filing fee $ 150, receipt number 0207-10397298. by St. Paul Electrical Workers' Health Plan. (Attachments: #1 Affidavit Affidavit of Renae D. Steiner, #2 Exhibit Certificate of Good Standing) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00041-NG-LB (Steiner, Renae) |
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ORDER granting (72) Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 5/1/2018. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00041-NG-LB (Passeser, Daniel)
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| Filing 71 Letter Regarding Allergan's Motion to Dismiss End Payor Plaintiffs' State Law Claims by Allergan, Inc. Associated Cases: 1:18-md-02819-NG-LB et al. (Cunningham, Richard) |
| Filing 70 Letter Regarding Allergan's Motion to Dismiss Plaintiffs' Complaints for Failure to Allege Causation by Allergan, Inc. Associated Cases: 1:18-md-02819-NG-LB et al. (Cunningham, Richard) |
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Filing 69
STIPULATED EXPERT DISCOVERY PROTOCOL. Ordered by Judge Nina Gershon on 4/25/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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Filing 68
STIPULATED CONFIDENTIALITY ORDER. Ordered by Judge Nina Gershon on 4/25/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 67 Letter from Robert N. Kaplan to the Honorable Nina Gershon, enclosing courtesy copy of letter from Thomas M. Sobol attaching Jointly Proposed Stipulated Expert Discovery Protocol by Direct Purchaser Class Plaintiffs by Direct Purchaser Class Plaintiffs (Kaplan, Robert) |
| Filing 66 Letter from Thomas M. Sobol attaching Jointly Proposed Stipulated Expert Discovery Protocol by Direct Purchaser Class Plaintiffs (Attachments: #1 Exhibit Stipulated Expert Discovery Protocol) Associated Cases: 1:18-md-02819-NG-LB et al. (Sobol, Thomas) |
| Filing 65 Letter from Robert N. Kaplan to the Honorable Nina Gershon, enclosing courtesy copy of letter from Thomas M. Sobol disclosing Document Review Vendor by Direct Purchaser Class Plaintiffs by Direct Purchaser Class Plaintiffs (Kaplan, Robert) |
| Filing 64 Letter from Thomas M. Sobol disclosing Document Review Vendor by Direct Purchaser Class Plaintiffs (Attachments: #1 Exhibit) Associated Cases: 1:18-md-02819-NG-LB et al. (Sobol, Thomas) |
| Filing 63 Joint MOTION for Protective Order Stipulated Confidentiality Order by End-Payor Plaintiffs. Associated Cases: 1:18-md-02819-NG-LB et al. (Saveri, Joseph) |
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Filing 62
ORDER ON PROCEDURES AND GUIDELINES FOR CLASS PLAINTIFFS' COUNSEL'S TIME AND EXPENSE SUBMISSIONS ("FEES PROTOCOL"). Ordered by Judge Nina Gershon on 4/16/2018. (Marziliano, August)
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| Filing 61 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10358023. by Ironworkers Local 383 Health Care Plan, United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Certificate of Service) (Looby, Michelle) |
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ORDER granting #61 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 4/16/2018. (Passeser, Daniel)
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| Filing 60 NOTICE of Appearance by Gaston Kroub on behalf of Self Insured Schools of California (aty to be noticed) (Kroub, Gaston) |
| Filing 59 NOTICE of Appearance by Zachary D. Silbersher on behalf of Self Insured Schools of California (aty to be noticed) (Silbersher, Zachary) |
| Filing 58 Letter to Honorable Nina Gershon transmitting courtesy copy of letter and Proposed Protocol for Time and Expense Reporting by Direct Purchaser Class Plaintiffs (Kaplan, Robert) |
| Filing 57 Letter from Thomas M. Sobol attaching Jointly Proposed Protocol for Time and Expense Reporting by Direct Purchaser Class Plaintiffs (Attachments: #1 Proposed Order Jointly Proposed Protocol for Time and Expense Reporting) Associated Cases: 1:18-md-02819-NG-LB et al. (Sobol, Thomas) |
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Filing 56
ORDER DISMISSING CASE 1:18-cv-01430-NG-LB without prejudice. Ordered by Judge Nina Gershon on 4/4/2018. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-01430-NG-LB (Barrett, C)
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Filing 55
NOTICE Of Voluntary Dismissal: Pursuant to Fed. R. Civ. P. 4l(a)(l)(A)(i), Plaintiff Allied Services Division Health and Welfare Fund (Allied) by and through his undersigned counsel, voluntarily dismisses its complaint against the defendant Allergan, Inc., without prejudice. Application granted.SO Ordered by Judge Nina Gershon on 4/4/2018. (Tavarez, Jennifer)
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| Filing 54 Letter to Honorable Nina Gershon regarding Courtesy Copies of AMENDED COMPLAINT, ECF No. 52 by Direct Purchaser Class Plaintiffs (Kaplan, Robert) |
| Filing 53 AMENDED COMPLAINT End-Payor Plaintiffs' Consolidated Class Action Complaint against Allergan, Inc., filed by 1199SEIU National Benefit Fund, United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan, Sergeants Benevolent Association Health & Welfare Fund, Ironworkers Local 383 Health Care Plan, 1199SEIU Greater New York Benefit Fund, Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund, Self Insured Schools of California, St. Paul Electrical Workers' Health Plan, 1199SEIU National Benefit Fund for Home Care Workers, 1199SEIU Licensed Practical Nurses Welfare Fund.Associated Cases: 1:18-md-02819-NG-LB, 1:17-cv-06684-NG-LB, 1:17-cv-06755-NG-LB, 1:17-cv-07300-NG-LB, 1:18-cv-00041-NG-LB, 1:18-cv-00816-NG-LB, 1:18-cv-00968-NG-LB, 1:18-cv-00969-NG-LB (Sharp, Christina) |
| Filing 52 AMENDED COMPLAINT Direct Purchaser Class Plaintiffs' Consolidated Amended Class Action Complaint against Allergan, Inc., filed by Direct Purchaser Class Plaintiffs.Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB (Sobol, Thomas) |
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Filing 51
ORDER consolidating the end-payor class actions; appointing liaison/lead counsel and an executive committee; and appointing interim class counsel pursuant to Rule 23(G)(3). The parties are advised that the court has made changes to the proposed order.. Ordered by Judge Nina Gershon on 4/4/2018. Associated Cases: 1:18-md-02819-NG-LB; 1:17-cv-06684-NG-LB; 1:17-cv-06755-NG-LB; 1:17-cv-07300-NG-LB; 1:17-cv-07377-NG-LB; 1:18-cv-00041-NG-LB; 1:18-md-02819-NG-LB; 1:18-cv-00749-NG-LB; 1:18-cv-00816-NG-LB; 1:18-cv-00971-NG-LB; 1:18-cv-00972-NG-LB (Passeser, Daniel)
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Filing 50
ORDER consolidating the direct purchaser class actions; appointing liaison/lead counsel and an executive committee; and appointing interim class counsel pursuant to Rule 23(G)(3). The parties are advised that the court has made changes to the proposed order. Ordered by Judge Nina Gershon on 4/4/2018. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00973-NG-LB, 1:18-cv-00974-NG-LB (Passeser, Daniel)
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Filing 49
ORDER: The court appreciates the proposed protocol for work performed and expenses incurred provided by the End-Payor Plaintiffs ("EPPs"). Counsel for the Direct-Purchaser Plaintiffs ("DPPs") report that they are still discussing appropriate guidelines and procedures for time and expense reporting and will submit a separate proposed order addressing this issue by April 5,2018. Noting that both classes have agreed to coordinate, I direct lead counsel for the EPPs and DPPs to confer and submit a joint proposed protocol by April 12, 2018. Any differences between the EPPs and DPPs should be noted in the joint proposal with an explanation for the difference. I note, for the parties' consideration, an issue with the EPPs' proposal. EPPs propose that "Counsel employing approved contract attorneys may bill those attorneys at a reasonable market rate, not to exceed $375 per hour." This methodology appears to treat contract attorneys as associates, and permits firms to be compensated for the use of contract attorneys at a rate that may bear little relation to their cost to the firm. The plaintiffs are directed to consider a more appropriate method of compensating themselves for the cost of employing contract attorneys. So Ordered. Nina Gershon, USDJ. April 4, 2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor)
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| Filing 48 Letter to Judge Nina Gershon re Courtesy Copies of ECF Nos 47 47-1 and 47-2 by Direct Purchaser Class Plaintiffs (Kaplan, Robert) |
| Filing 47 Letter filed jointly from Thomas M. Sobol providing update on PTAB proceeding by Direct Purchaser Class Plaintiffs (Attachments: #1 Exhibit A, #2 B) Associated Cases: 1:18-md-02819-NG-LB et al. (Sobol, Thomas) |
| Filing 46 Letter to Honorable Nina Gershon transmitting courtesy copies of letter and Proposed Order by Direct Purchaser Class Plaintiffs (Kaplan, Robert) |
| Filing 45 Letter from End-Payor Plaintiffs regarding consolidation and leadership by 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, Allied Services Division Welfare Fund, American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan, Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund, HMO Louisiana, Inc, International Union of Operating Engineers Local 501 Security Trust Fund, Ironworkers Local 383 Health Care Plan, Louisiana Health Service and Indemnity Company, Philadelphia Federation of Teachers Health and Welfare Fund, Plumbers & Pipefitters Local 178 Health & Welfare Trust Fund, Self Insured Schools of California, Sergeants Benevolent Association Health & Welfare Fund, St. Paul Electrical Workers' Health Plan, United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund (Attachments: #1 Proposed Order, #2 Certificate of Service) Associated Cases: 1:18-md-02819-NG-LB et al. (Drachler, Dan) |
| Filing 44 Letter Thomas M. Sobol to Hon. Gershon re revised consolidation and leadership order by Direct Purchaser Class Plaintiffs (Attachments: #1 Proposed Order Proposed Order for consolidation and leadership of direct purchaser class) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00973-NG-LB, 1:18-cv-00974-NG-LB (Sobol, Thomas) |
| Filing 43 NOTICE of Appearance by Jessica R. MacAuley on behalf of Ahold U.S.A. Inc., FWK Holdings, LLC (notification declined or already on case) (Attachments: #1 Certificate of Service) Associated Cases: 1:18-md-02819-NG-LB et al. (MacAuley, Jessica) |
| Filing 42 NOTICE of Appearance by Sona R. Shah on behalf of 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan (aty to be noticed) (Attachments: #1 Certificate of Service) Associated Cases: 1:18-md-02819-NG-LB, 1:17-cv-06684-NG-LB, 1:17-cv-06755-NG-LB (Shah, Sona) |
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ORDER granting granting: (41) Motion for Leave to Appear Pro Hac Vice in case 18-md-2819-NG-LB; (46) Motion for Leave to Appear Pro Hac Vice in case 1:17-cv-06684-NG-LB; (43) Motion for Leave to Appear Pro Hac Vice in case 1:17-cv-06755-NG-LB. The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Judge Nina Gershon on 3/27/2018. Associated Cases: 1:18-md-02819-NG-LB, 1:17-cv-06684-NG-LB, 1:17-cv-06755-NG-LB (Passeser, Daniel)
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| Filing 41 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10301105. by 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan. (Attachments: #1 Affidavit with Certificate of Good Standing, #2 Certificate of Service) Associated Cases: 1:18-md-02819-NG-LB, 1:17-cv-06684-NG-LB, 1:17-cv-06755-NG-LB (Schachter, Robert) |
| Filing 40 NOTICE of Voluntary Dismissal by Allied Services Division Welfare Fund (Dugan, James) |
| Filing 39 NOTICE of Voluntary Dismissal by Louisiana Health Service and Indemnity Company (Dugan, James) |
| Filing 38 MOTION to Dismiss Voluntary by Louisiana Health Service and Indemnity Company. (Dugan, James) |
| Motions terminated, docketed incorrectly: #38 MOTION to Dismiss Voluntary filed by Louisiana Health Service and Indemnity Company. Atty James Dugan has filed the correct documents under docket entries #39 and #40 . (Galeano, Sonia) |
| Minute Entry for proceedings held before Judge Nina Gershon: Case called. All parties present. Status conference held on 3/22/2018. Liaison and lead counsel for the direct and indirect purchasers appointed. Agreed upon briefing and scheduling order set. Trial scheduled for January 21, 2020. Next status conference set for June 20, 2018 at 10 A.M. in courtroom 6D South. (Court Reporter David Roy. Transcript Request) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 37 Letter on Behalf of All Parties Suggesting Discovery Compromise by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Sobol, Thomas) |
| Filing 36 NOTICE of Appearance by Lee Albert on behalf of Plumbers & Pipefitters Local 178 Health & Welfare Trust Fund (notification declined or already on case) (Albert, Lee) |
| Filing 35 NOTICE of Change of Address and Firm Affiliation by Lee Albert (Albert, Lee) |
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URGENT NOTICE TO COUNSEL: The courthouse will be closed tomorrow, Wednesday March 21st. The conference is now tentatively scheduled for 11:00 a.m. on Thursday, March 22nd. In the event of any further delays, there will be another notice on ECF. Ordered by Judge Nina Gershon on 3/20/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Passeser, Daniel)
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ORDER In light of the weather, counsel should be prepared to remain in New York City through Friday. In the event that the conference cannot proceed as scheduled on Wednesday at 2:00 p.m., the conference will be held as soon as weather permits. The court will keep the parties advised. Ordered by Judge Nina Gershon on 3/20/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Passeser, Daniel)
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ORDER granting (34) Motion for Leave to Appear Pro Hac Vice The attorney shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure that the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee .. in case 1:18-md-02819-NG-LB Ordered by Judge Nina Gershon on 3/20/2018. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00973-NG-LB (Passeser, Daniel)
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| Filing 34 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10286734. by Ahold U.S.A. Inc., FWK Holdings, LLC. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Certificate of Service) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00973-NG-LB (MacAuley, Jessica) |
| Filing 33 NOTICE of Appearance by Robert S. Schachter on behalf of 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan (aty to be noticed) (Attachments: #1 Certificate of Service) Associated Cases: 1:18-md-02819-NG-LB, 1:17-cv-06684-NG-LB, 1:17-cv-06755-NG-LB (Schachter, Robert) |
| Filing 32 Letter of End-Payor Plaintiffs in Opposition to Allergan's Request to File a Motion to Dismiss (Dkt. No. 28) by Sergeants Benevolent Association Health & Welfare Fund Associated Cases: 1:18-md-02819-NG-LB et al. (Sharp, Christina) |
| Filing 31 Letter Direct Purchaser Plaintiffs' Opposition to Allergan's Request that this Court Entertain a Rule 12(b)(6) Motion by Ahold U.S.A. Inc., Rochester Drug Cooperative, Inc, FWK Holdings, LLC, KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00973-NG-LB, 1:18-cv-00974-NG-LB (Sobol, Thomas) |
| Filing 30 Letter to the Honorable Nina Gershon by FWK Holdings, LLC (Kaplan, Robert) |
| Filing 29 STATUS REPORT CORRECTED Jointly Proposed Agenda for March 21, 2018 Status Conference by Ahold U.S.A. Inc., FWK Holdings, LLC (Attachments: #1 Exhibit A - Chart Depicting Plaintiffs' and Allergan's Proposed Case Schedules, #2 Exhibit B - Plaintiffs' Proposed CMO No. 2, #3 Exhibit C - Plaintiffs' Proposed Protective Order, #4 Exhibit D - Plaintiffs' Proposed ESI Protocol (Corrected)) Associated Cases: 1:18-md-02819-NG-LB et al. (Sobol, Thomas) |
| Filing 28 Letter Requesting Pre-Motion Conference and Leave to File Motion to Dismiss by Allergan, Inc. Associated Cases: 1:18-md-02819-NG-LB et al. (Cunningham, Richard) |
| Filing 27 STATUS REPORT Jointly Proposed Agenda for March 21, 2018 Status Conference by Ahold U.S.A. Inc., FWK Holdings, LLC (Attachments: #1 Exhibit A - Chart Depicting Plaintiffs' and Allergan's Proposed Case Schedules, #2 Exhibit B - Plaintiffs' Proposed CMO No. 2, #3 Exhibit C - Plaintiffs' Proposed Protective Order, #4 Exhibit D - Plaintiffs' Proposed Protocol) Associated Cases: 1:18-md-02819-NG-LB et al. (Sobol, Thomas) |
| Filing 26 NOTICE of Appearance by Erin Burns on behalf of KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated (notification declined or already on case) (Attachments: #1 Certificate of Service) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00974-NG-LB (Burns, Erin) |
| Filing 25 NOTICE of Appearance by Dianne M. Nast on behalf of KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated (notification declined or already on case) (Attachments: #1 Certificate of Service) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00974-NG-LB (Nast, Dianne) |
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ORDER in case 1:18-md-02819-NG-LB; granting (10) Motion for Leave to Appear; and granting (11) Motion for Leave to Appear Pro Hac Vice. The attorneys shall register for ECF, registration is available online at the NYEDs homepage. Once registered, the attorneys shall file notices of appearance and ensure that they receive electronic notification of activity in this case. Ordered by Judge Nina Gershon on 3/12/2018. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00974-NG-LB (Passeser, Daniel)
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| Filing 24 NOTICE of Appearance by Hugh Sandler on behalf of FWK Holdings, LLC (aty to be noticed) (Sandler, Hugh) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10262489. by KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Exhibit Certificate of Good Standing, #4 Certificate of Service) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00974-NG-LB (Nast, Dianne) |
| Filing 22 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10261602. by KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Certificate of Service) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00974-NG-LB (Burns, Erin) |
| Filing 21 JPMDL Conditional Transfer Order CTO-2 - Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Eastern District of New York for the reasons stated in the order of January 31, 2018, and, with the consent of that court, assigned to the Honorable Nina Gershon. (Marziliano, August) |
| Filing 20 Attached is a certified copy of CTO-2 from the United States Judicial Panel on Multidistrict Litigation ordering the transfer of a case currently pending in your district. Pursuant to this order, your case number 18CV-00186 must be transferred to the Eastern District of New York. Our case number 1:18-cv-01430(NG)(LB). Please file the attached, certified copy of the CTO in the affected case, and close the case. Please transmit the record of this case to the Eastern District of New York using the CM/ECF Transfer Case utility. (Marziliano, August) |
| Filing 19 Attached is a certified copy of CTO from the United States Judicial Panel on Multidistrict Litigation ordering the transfer of a case currently pending in your district. Pursuant to this order, your case number 18-CV-0017 must be transferred to the Eastern District of New York. Our case number 18-CV-0968. Please file the attached, certified copy of the CTO in the affected case, and close the case. Please transmit the record of this case to the Eastern District of New York using the CM/ECF Transfer Case utility. (Marziliano, August) |
| Filing 18 Letter MOTION to Appoint Counsel and Consolidate by 1199SEIU Greater New York Benefit Fund, 1199SEIU Licensed Practical Nurses Welfare Fund, 1199SEIU National Benefit Fund, 1199SEIU National Benefit Fund for Home Care Workers, American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan, Ironworkers Local 383 Health Care Plan, Sergeants Benevolent Association Health & Welfare Fund, St. Paul Electrical Workers' Health Plan, United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Attachments: #1 Motion to Appoint Counsel and Consolidate, #2 Memorandum of Law in Support of Motion, #3 Proposed Order, #4 Certificate of Service) Associated Cases: 1:18-md-02819-NG-LB et al. (Drachler, Dan) |
| Filing 17 Letter from Frank R. Schirripa for BCBS Group of End-Payor Purchaser Class Plaintiffs' Counsel in Response to CMO 1 by Allied Services Division Welfare Fund, Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund, International Union of Operating Engineers Local 501 Security Trust Fund, Plumbers & Pipefitters Local 178 Health & Welfare Trust Fund, Plumbers & Pipefitters Local 178 Health & Welfare Trust Fund, on behalf of itself and all others similarly situated (Attachments: #1 Exhibit Proposed Motion for Appointment of Liaison and Co-Lead Counsel, #2 Exhibit Proposed Memo in Support of Motion for Appointment of Counsel, #3 Exhibit Biographies of End-Payor Purchaser Proposed Liaison and Co-Lead Counsel, #4 Proposed Order) Associated Cases: 1:18-md-02819-NG-LB et al. (Schirripa, Frank) |
| Filing 16 Letter from Thomas M. Sobol for Direct Purchaser Class Plaintiffs' Counsel In Response To CMO 1 by Ahold U.S.A. Inc., FWK Holdings, LLC, Rochester Drug Cooperative, Inc, KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated (Attachments: #1 Exhibit Proposed Motion for Appointment, #2 Exhibit Proposed Memo In Support Of Motion for Appointment, #3 Exhibit Biographies of Direct Purchaser Class Plaintiffs' Counsel, #4 Exhibit Proposed Order) Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00973-NG-LB, 1:18-cv-00974-NG-LB (Sobol, Thomas) |
| Filing 15 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-10217497. by Ironworkers Local 383 Health Care Plan, United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. Associated Cases: 1:18-md-02819-NG-LB et al. (Meriwether, Ellen) |
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ORDER in case 1:17-cv-06684-NG-LB; granting (15) Motion for Leave to Appear Pro Hac Vice in case 1:18-md-02819-NG-LB. Ordered by Judge Nina Gershon on 2/21/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor)
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| Filing 14 JPMDL Conditional Transfer Order CTO-1: Pursuant to Rule 7.1 of the Rules of Procedure of the United States Judicial Panel on Multidistrict Litigation, the action(s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Eastern District of New York for the reasons stated in the order of January 31, 2018, and, with the consent of that court, assigned to the Honorable Nina Gershon. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Eastern District of New York (Marziliano, August) |
| Filing 13 Attached is a certified copy of CTO from the United States Judicial Panel on Multidistrict Litigation ordering the transfer of a case currently pending in your district. Pursuant to this order, your case number 18 CV 0017, 17 CV 0755, 17 CV 0766, 17 CV 0775, 18 CV 0011, 18 CV 0012 and 18 CV 0013 must be transferred to the Eastern District of New York. Our case number 18-cv-00968,18-cv-00969, 18-cv-00970,18-cv-00971,18-cv-00972,18-cv-0097 and 18-cv-00974. Please file the attached, certified copy of the CTO in the affected case, and close the case. Please transmit the record of this case to the Eastern District of New York using the CM/ECF Transfer Case utility. (Marziliano, August) |
| Filing 12 NOTICE of Appearance by Jayne A. Goldstein on behalf of In Re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation (aty to be noticed) (Attachments: #1 Certificate of Service) (Goldstein, Jayne) |
| Filing 11 NOTICE of Appearance by Peter R. Kohn on behalf of In Re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation (aty to be noticed) (Kohn, Peter) |
| Filing 10 NOTICE of Appearance by Natalie F. Bennett on behalf of In Re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation (aty to be noticed) (Attachments: #1 Certificate of Service) (Bennett, Natalie) |
| Filing 9 NOTICE of Appearance by Bradley J. Demuth on behalf of In Re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation (aty to be noticed) (Demuth, Bradley) |
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Filing 8
ORDER: Directing defense counselor to provide a copy of the court's Case Management Order No. 1 to counsel for plaintiff in the seven out-of-district cases list in the Judicial Panel on Multidistrict Litigation's February 2, 2018 conditional transfer order. Ordered by Judge Nina Gershon on 2/12/2018. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor)
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| Filing 7 Email received on 2/5/2018 @ 7:58 p.m. from Dan Drachler, Esq. to Victor Joe Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
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Filing 6
ORDER: Case Management Order Number 1. Ordered by Judge Nina Gershon on 2/12/2018. (Joe, Victor)
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| Filing 5 MOTION to Stay / Letter to Judge Nina Gershon and Magistrate Judge Lois Bloom requesting a temporary stay of current deadlines by Allergan, Inc.. (Parrott, Matthew) |
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ORDER granting #5 Motion to Stay #6 . Ordered by Judge Nina Gershon on 2/12/2018. (Joe, Victor)
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| Filing 4 Notice of Related Case (Bowens, Priscilla) |
| Filing 3 NOTICE of Appearance by Linda P. Nussbaum on behalf of FWK Holdings, LLC (aty to be noticed) (Nussbaum, Linda) |
| Filing 2 Attached is a certified copy of CTO from the United States Judicial Panel on Multidistrict Litigation ordering the transfer of a case currently pending in your district. Pursuant to this order, your case number 2:17-00747 must be transferred to the Eastern District of New York. Our case number 1:18-cv-00677(NG)(LB). Please file the attached, certified copy of the CTO in the affected case, and close the case. Please transmit the record of this case to the Eastern District of New York using the CM/ECF Transfer Case utility. (Marziliano, August) |
| Filing 1 JPMDL Conditional Transfer Order - IT IS THEREFORE ORDERED that the action listed on Schedule A and pending outside the Eastern District of New York is transferred to the Eastern District of New York and, with the consent of that court, assigned to the Honorable Nina Gershon for coordinated or consolidated pretrial proceedings. (Marziliano, August) |
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