In Re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation
Plaintiff: 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
Defendant: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation
Petitioner: Akorn Inc.
In Re: In Re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation
Interested Party: Mylan Pharmaceuticals, Inc. and Teva Pharmaceuticals USA, Inc.
Case Number: 1:2018md02819
Filed: January 31, 2018
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
Presiding Judge: Lois Bloom
Referring Judge: Nina Gershon
Nature of Suit: Anti-Trust
Cause of Action: 15:2
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 13, 2019 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)
September 11, 2019 Opinion or Order 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)
September 10, 2019 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)
September 9, 2019 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)
September 9, 2019 Opinion or Order 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)
September 6, 2019 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)
September 6, 2019 Opinion or Order 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)
September 6, 2019 Opinion or Order 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)
September 6, 2019 Opinion or Order 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)
September 5, 2019 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)
September 5, 2019 Opinion or Order 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)
September 5, 2019 Opinion or Order 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)
September 4, 2019 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)
September 4, 2019 Opinion or Order 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)
September 4, 2019 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)
September 4, 2019 Filing 358 Letter from Peter Kohn to the Honorable Nina Gershon, regarding ECF No. 352, by Rochester Drug Cooperative, Inc (Kohn, Peter)
September 3, 2019 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)
September 3, 2019 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)
September 3, 2019 Opinion or Order ORDER granting #351 Motion to Withdraw as Attorney. Attorney Jason McKenney terminated. Ordered by Judge Nina Gershon on 9/3/2019. (Stephens-Davidowitz, Lauren)
August 29, 2019 Opinion or Order 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)
August 28, 2019 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)
August 28, 2019 Filing 354 Letter to Judge Gershon requesting extension to file reply re Allergan's supplemental Meijer brief by Direct Purchaser Class Plaintiffs (Johnson, Kristen)
August 28, 2019 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)
August 28, 2019 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)
August 27, 2019 Filing 351 MOTION to Withdraw as Attorney by Allergan, Inc.. (McKenney, Jason)
August 23, 2019 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)
August 23, 2019 Opinion or Order 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)
August 23, 2019 Filing 349 NOTICE of Appearance by Kyle Quackenbush on behalf of Self Insured Schools of California (notification declined or already on case) (Quackenbush, Kyle)
August 20, 2019 Opinion or Order 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)
August 20, 2019 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)
August 20, 2019 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)
August 20, 2019 Filing 346 NOTICE by Direct Purchaser Class Plaintiffs of Supplemental Authority in Support of Direct Purchaser Plaintiffs Motion for Class Certification (Johnson, Kristen)
August 19, 2019 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)
August 19, 2019 Opinion or Order 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)
August 16, 2019 Filing 344 MOTION to Withdraw as Attorney by End-Payor Plaintiffs. (Konopka, Kathleen)
August 9, 2019 Opinion or Order 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)
August 9, 2019 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)
August 6, 2019 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)
August 1, 2019 Opinion or Order 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)
July 29, 2019 Opinion or Order 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)
July 29, 2019 Filing 341 NOTICE TO COUNSEL. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor)
July 25, 2019 Filing 340 MOTION to Seal by Rochester Drug Cooperative, Inc. (Kohn, Peter)
July 25, 2019 Filing 339 NOTICE of Appearance by Paul E. Slater on behalf of Meijer Distribution, Inc., Meijer, Inc. (aty to be noticed) (Slater, Paul)
July 25, 2019 Filing 338 NOTICE of Appearance by Robert David Cheifetz on behalf of Meijer Distribution, Inc., Meijer, Inc. (aty to be noticed) (Cheifetz, Robert)
July 25, 2019 Filing 337 NOTICE of Appearance by Matthew Slater on behalf of Meijer Distribution, Inc., Meijer, Inc. (aty to be noticed) (Slater, Matthew)
July 25, 2019 Filing 336 NOTICE of Appearance by David P. Germaine on behalf of Meijer Distribution, Inc., Meijer, Inc. (aty to be noticed) (Germaine, David)
July 25, 2019 Filing 335 NOTICE of Appearance by Joseph Michael Vanek on behalf of Meijer Distribution, Inc., Meijer, Inc. (aty to be noticed) (Vanek, Joseph)
July 25, 2019 Opinion or Order 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)
July 25, 2019 Filing 334 Letter MOTION for Leave to File Document -Request for Permission to File Combined Brief by Allergan, Inc.. (Stock, Eric)
July 24, 2019 Filing 333 Proposed Scheduling Order Pursuant to Minute Order Entered on July 22, 2019 by All Plaintiffs, Allergan, Inc. (Drachler, Dan)
July 24, 2019 Opinion or Order 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)
July 24, 2019 Filing 332 MOTION to Withdraw as Attorney by Allergan, Inc.. (Dygert, Natalie)
July 23, 2019 Opinion or Order 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)
July 23, 2019 Opinion or Order 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)
July 22, 2019 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)
July 18, 2019 Opinion or Order 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)
July 18, 2019 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)
July 18, 2019 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)
July 18, 2019 Opinion or Order 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)
July 18, 2019 Opinion or Order 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)
July 18, 2019 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)
July 17, 2019 Opinion or Order 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)
July 17, 2019 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)
July 17, 2019 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)
July 17, 2019 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)
July 16, 2019 Filing 324 Letter to Judge Gershon regarding Extension of Time by End-Payor Plaintiffs (Sharp, Christina)
July 16, 2019 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)
July 16, 2019 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)
July 15, 2019 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)
July 15, 2019 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)
July 15, 2019 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)
July 11, 2019 Opinion or Order 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)
July 11, 2019 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)
July 11, 2019 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)
July 9, 2019 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)
July 8, 2019 Filing 315 NOTICE of Appearance by Robert David Cheifetz on behalf of FWK Holdings, LLC (notification declined or already on case) (Cheifetz, Robert)
July 8, 2019 Opinion or Order 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)
July 8, 2019 Filing 314 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11639733. by FWK Holdings, LLC. (Attachments: #1 Affidavit) (Cheifetz, Robert)
July 3, 2019 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)
July 2, 2019 Opinion or Order 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)
July 1, 2019 Filing 312 MOTION to Withdraw as Attorney by End-Payor Plaintiffs. (Saveri, Joseph)
June 28, 2019 Filing 311 Letter regarding End-Payor Plaintiffs' Motion to Preclude Report and Testimony of Kyriakos Mandadakis, O.D. by End-Payor Plaintiffs (Shah, Sona)
June 28, 2019 Filing 310 Letter regarding End-Payor Plaintiffs Motion to Exclude Testimony of Dr. Kathryn Masselam Hatch by End-Payor Plaintiffs (Sharp, Christina)
June 28, 2019 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)
June 27, 2019 Filing 308 Letter to Court from Sean Royall Regarding Current Case Schedule by Allergan, Inc. (Stock, Eric)
June 27, 2019 Filing 307 STATUS REPORT Reflecting Current Case Schedule by Allergan, Inc. (Stock, Eric)
June 27, 2019 Filing 306 Letter to Judge Gershon by Allergan, Inc. (Stock, Eric)
June 20, 2019 Opinion or Order 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)
June 19, 2019 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)
June 13, 2019 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)
June 6, 2019 Filing 304 STATUS REPORT Proposed Agenda for June 13, 2019 Status Conference by End-Payor Plaintiffs (Sharp, Christina)
June 6, 2019 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)
June 6, 2019 Filing 302 Letter to Judge Nina Gershon from M. Sean Royall re issues with the Plaintiffs' Motion to Compel by Allergan, Inc. (Parrott, Matthew)
June 5, 2019 Filing 301 Letter regarding Motion to Compel Documents Withheld as Privileged by End-Payor Plaintiffs (Sharp, Christina)
June 5, 2019 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)
June 5, 2019 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)
June 5, 2019 Opinion or Order 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)
June 5, 2019 Opinion or Order 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)
June 5, 2019 Filing 298 Letter Brief regarding Supplemental Production by End-Payor Plaintiffs (Attachments: #1 Declaration of Scott Grzenczyk) (Sharp, Christina)
June 4, 2019 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)
June 3, 2019 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)
June 3, 2019 Opinion or Order 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)
June 3, 2019 Opinion or Order 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)
May 30, 2019 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)
May 28, 2019 Opinion or Order 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)
May 24, 2019 Opinion or Order 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)
May 24, 2019 Opinion or Order 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)
May 23, 2019 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)
May 23, 2019 Filing 291 Letter from Eric J. Stock by Allergan, Inc. (Attachments: #1 Proposed Order, #2 Exhibit) (Stock, Eric)
May 21, 2019 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)
May 20, 2019 Filing 289 Letter Concerning Letter Brief Regarding Supplemental Productions by End-Payor Plaintiffs (Sharp, Christina)
May 17, 2019 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)
May 16, 2019 Filing 287 Letter regarding Allergan Inc.'s Omnibus Motion to Seal by End-Payor Plaintiffs (Sharp, Christina)
May 16, 2019 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)
May 15, 2019 Filing 285 Letter Regarding Submission of In Camera Review Set for Privilege Re-Review by Allergan, Inc. (Royall, Michael)
May 13, 2019 Opinion or Order 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)
May 10, 2019 Filing 284 Letter to Honorable Gershon signed by Eric Stock to Re-review Submission Deadline Extension by Allergan, Inc. (Royall, Michael)
May 10, 2019 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)
May 3, 2019 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)
May 3, 2019 Filing 281 MOTION to Seal / ALLERGAN INC.'S NOTICE OF OMNIBUS MOTION TO SEAL by Allergan, Inc.. (Parrott, Matthew)
May 3, 2019 Filing 280 MOTION to Seal by Rochester Drug Cooperative, Inc. (Kohn, Peter)
April 26, 2019 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)
April 25, 2019 Opinion or Order 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)
April 24, 2019 Filing 277 Letter Re: Status Update Related to Issues Discussed at the March 21, 2019 Status Conference by Rochester Drug Cooperative, Inc (Kohn, Peter)
April 22, 2019 Filing 276 Joint MOTION for Leave to File Excess Pages in connection with Motion for Class Certification by Direct Purchaser Class Plaintiffs. (Urban, Nicholas)
April 22, 2019 Opinion or Order ORDER granting #275 Motion to Withdraw as Attorney. Attorney Hugh Sandler terminated. Ordered by Judge Nina Gershon on 4/22/2019. (Stephens-Davidowitz, Lauren)
April 20, 2019 Filing 275 First MOTION to Withdraw as Attorney by FWK Holdings, LLC. (Attachments: #1 Proposed Order) (Sandler, Hugh)
April 16, 2019 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)
April 15, 2019 Opinion or Order 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)
April 15, 2019 Opinion or Order 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)
April 12, 2019 Filing 272 Letter in Response to Court's April 11, 2019 Order by Rochester Drug Cooperative, Inc (Kohn, Peter)
April 11, 2019 Opinion or Order 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)
April 11, 2019 Filing 271 Letter from Adam Gitlin to the Honorable Nina Gershon regarding Motion for Class Certification by End-Payor Plaintiffs (Drachler, Dan)
April 9, 2019 Opinion or Order 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)
April 9, 2019 Opinion or Order 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)
April 8, 2019 Filing 269 MOTION to Withdraw as Attorney by End-Payor Plaintiffs. (Saveri, Joseph)
April 8, 2019 Opinion or Order 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)
April 5, 2019 Filing 267 Joint MOTION for Leave to File Excess Pages in connection with Motion for Class Certification by End-Payor Plaintiffs. (Drachler, Dan)
April 4, 2019 Filing 266 Letter to the Honorable Nina Gershon Regarding Motions to Seal Schedule by Allergan, Inc. (Parrott, Matthew)
April 4, 2019 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)
March 29, 2019 Filing 263 Defendant Allergan, Inc.s' ANSWER to #210 Amended Complaint,,, of End-Payor Plaintiffs by Allergan, Inc.. (Royall, Michael)
March 29, 2019 Opinion or Order 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)
March 29, 2019 Opinion or Order 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)
March 25, 2019 Filing 260 MOTION for Leave to Electronically File Document under Seal [ECF No. 258] by Rochester Drug Cooperative, Inc. (Kohn, Peter)
March 20, 2019 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)
March 19, 2019 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)
March 18, 2019 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)
March 15, 2019 Filing 256 STATUS REPORT Proposed Agenda for March 21, 2019 Status Conference by End-Payor Plaintiffs (Sharp, Christina)
March 15, 2019 Opinion or Order 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)
March 14, 2019 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)
March 13, 2019 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)
March 13, 2019 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)
March 12, 2019 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)
February 25, 2019 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)
February 14, 2019 (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)
February 14, 2019 Opinion or Order 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)
February 14, 2019 Opinion or Order 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)
February 14, 2019 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)
February 14, 2019 Filing 249 NOTICE of Appearance by Katherine Quinn Dominguez on behalf of Allergan, Inc. (aty to be noticed) (Dominguez, Katherine)
February 13, 2019 Filing 248 Letter in Opposition to Plaintiffs' February 7, 2019 Letter Motion (Dkt. 239) by Allergan, Inc. (Parrott, Matthew)
February 12, 2019 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)
February 12, 2019 Opinion or Order 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)
February 11, 2019 Filing 246 MOTION for Extension of Time to File Response/Reply as to #239 Letter by Allergan, Inc.. (Parrott, Matthew)
February 11, 2019 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)
February 8, 2019 Opinion or Order 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)
February 8, 2019 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)
February 7, 2019 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)
February 7, 2019 Filing 241 STATUS REPORT Proposed Agenda for February 14, 2019 Status Conference by End-Payor Plaintiffs (Sharp, Christina)
February 7, 2019 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)
February 7, 2019 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)
February 7, 2019 Opinion or Order 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)
February 6, 2019 Opinion or Order 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)
February 4, 2019 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)
February 4, 2019 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)
February 4, 2019 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)
February 1, 2019 Opinion or Order 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)
January 31, 2019 Filing 235 Letter Regarding In Camera Submission by Allergan, Inc. Associated Cases: 1:18-md-02819-NG-LB et al. (Royall, Michael)
January 31, 2019 Filing 234 Letter to Judge Gershon by Direct Purchaser Class Plaintiffs (Kaplan, Robert)
January 31, 2019 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)
January 31, 2019 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)
January 31, 2019 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)
January 31, 2019 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)
January 29, 2019 Opinion or Order 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)
January 28, 2019 Filing 229 Letter regarding Withheld and Clawed-Back Documents by End-Payor Plaintiffs (Sharp, Christina)
January 28, 2019 Filing 228 Letter MOTION for Extension of Time to File Response/Reply to Motion to Compel Clawback Documents by End-Payor Plaintiffs. (Drachler, Dan)
January 23, 2019 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)
January 23, 2019 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)
January 23, 2019 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)
January 18, 2019 Opinion or Order ORDER granting #201 Motion for Leave to Electronically File Document under Seal. Ordered by Judge Nina Gershon on 1/18/2019. (Stephens-Davidowitz, Lauren)
January 18, 2019 Opinion or Order ORDER granting #200 Motion for Leave to Electronically File Document under Seal. Ordered by Judge Nina Gershon on 1/18/2019. (Stephens-Davidowitz, Lauren)
January 18, 2019 Opinion or Order ORDER granting #194 Motion for Leave to Electronically File Document under Seal. Ordered by Judge Nina Gershon on 1/18/2019. (Stephens-Davidowitz, Lauren)
January 18, 2019 Opinion or Order ORDER granting #187 Motion for Leave to Electronically File Document under Seal. Ordered by Judge Nina Gershon on 1/18/2019. (Stephens-Davidowitz, Lauren)
January 17, 2019 Opinion or Order 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)
January 16, 2019 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)
January 14, 2019 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)
January 10, 2019 Filing 221 NOTICE of Appearance by Natalie D. Dygert on behalf of Allergan, Inc. (notification declined or already on case) (Dygert, Natalie)
January 10, 2019 Opinion or Order 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)
January 9, 2019 Filing 220 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11088802. by Allergan, Inc.. (Dygert, Natalie)
January 8, 2019 Filing 219 NOTICE of Appearance by Anne Y. Brody on behalf of Allergan, Inc. (notification declined or already on case) (Brody, Anne)
January 8, 2019 Opinion or Order 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)
January 8, 2019 Filing 218 NOTICE of Appearance by Ellen Noteware on behalf of Rochester Drug Cooperative, Inc (aty to be noticed) (Noteware, Ellen)
January 8, 2019 Filing 217 First MOTION to Appear Pro Hac Vice Anne Brody Filing fee $ 150, receipt number ANYEDC-11083748. by Allergan, Inc.. (Brody, Anne)
January 8, 2019 Opinion or Order 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)
January 7, 2019 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)
January 7, 2019 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)
January 3, 2019 Filing 214 NOTICE of Change of Firm Affiliation (Vanek, Joseph)
December 31, 2018 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)
December 28, 2018 Opinion or Order 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)
December 27, 2018 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)
December 21, 2018 Filing 211 NOTICE of Change of Firm address of the Radice Law Firm (Rubenstein, Daniel)
December 20, 2018 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)
December 20, 2018 Opinion or Order 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)
December 20, 2018 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)
December 20, 2018 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)
December 19, 2018 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)
December 18, 2018 Filing 207 NOTICE of Appearance by Rachael Rezabek on behalf of Allergan, Inc. (notification declined or already on case) (Rezabek, Rachael)
December 18, 2018 Opinion or Order 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)
December 18, 2018 Filing 206 First MOTION to Appear Pro Hac Vice Rachael Rezabek Filing fee $ 150, receipt number ANYEDC-11036574. by Allergan, Inc.. (Rezabek, Rachael)
December 18, 2018 Opinion or Order 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)
December 17, 2018 Filing 205 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11031180. by FWK Holdings, LLC. (Slater, Matthew)
December 14, 2018 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)
December 14, 2018 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)
December 13, 2018 Opinion or Order 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)
December 13, 2018 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)
December 12, 2018 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)
December 12, 2018 Opinion or Order 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)
December 11, 2018 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)
December 11, 2018 Filing 197 Letter in Response to Court's December 6, 2018 Order by Akorn Inc. (Demuth, Bradley)
December 11, 2018 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)
December 11, 2018 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)
December 11, 2018 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)
December 11, 2018 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)
December 6, 2018 Filing 192 STATUS REPORT Proposed Agenda for December 19, 2018 Status Conference by End-Payor Plaintiffs (Sharp, Christina)
December 6, 2018 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)
December 6, 2018 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)
December 6, 2018 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)
December 6, 2018 Opinion or Order 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)
December 5, 2018 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)
December 5, 2018 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)
December 5, 2018 Filing 186 Letter re Update on Status of Negotiations with Generic Manufactures by Allergan, Inc. (Parrott, Matthew)
December 5, 2018 Opinion or Order 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)
December 5, 2018 Filing 185 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-10997218. by FWK Holdings, LLC. (Slater, Paul)
December 5, 2018 Opinion or Order 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)
December 4, 2018 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)
December 4, 2018 Opinion or Order 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)
December 3, 2018 Filing 182 Letter regarding Plaintiffs' Motion to Compel Production of Documents Withheld as Privileged by End-Payor Plaintiffs (Sharp, Christina)
December 3, 2018 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)
December 3, 2018 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)
November 27, 2018 Opinion or Order 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)
November 16, 2018 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)
November 14, 2018 Opinion or Order 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)
November 13, 2018 Opinion or Order 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)
November 13, 2018 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)
November 13, 2018 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)
November 8, 2018 Opinion or Order 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)
November 5, 2018 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)
November 2, 2018 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)
November 2, 2018 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)
November 1, 2018 Filing 172 Letter to Judge Nina Gershon re Motion to Quash by End-Payor Plaintiffs (Drachler, Dan)
October 31, 2018 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)
October 31, 2018 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)
October 31, 2018 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)
October 31, 2018 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)
October 31, 2018 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)
October 31, 2018 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)
October 31, 2018 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)
October 31, 2018 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)
October 29, 2018 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)
October 29, 2018 Filing 162 Allergan, Inc.'s ANSWER to Complaint of Rite Aid Corp. and Rite Aid Hdqtrs. Corp. by Allergan, Inc.. (Parrott, Matthew)
October 29, 2018 Filing 161 Allergan, Inc.'s ANSWER to Complaint of Direct Purchaser Class Plaintiffs by Allergan, Inc.. (Parrott, Matthew)
October 29, 2018 Filing 160 Allergan, Inc.'s ANSWER to Complaint of CVS Pharmacy, Inc. by Allergan, Inc.. (Parrott, Matthew)
October 24, 2018 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)
October 23, 2018 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)
October 18, 2018 Opinion or Order 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)
October 9, 2018 Opinion or Order 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)
October 9, 2018 Opinion or Order 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)
October 5, 2018 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)
October 5, 2018 Opinion or Order 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)
October 4, 2018 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)
October 1, 2018 Filing 152 NOTICE of Change of Firm Name and Email by Christina H.C. Sharp (Sharp, Christina)
September 28, 2018 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)
September 26, 2018 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)
September 24, 2018 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)
September 21, 2018 Filing 149 Letter to Judge Nina Gershon regarding Plaintiffs' motion to compel by End-Payor Plaintiffs (Attachments: #1 Joint Chart) (Sharp, Christina)
September 21, 2018 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)
September 20, 2018 Opinion or Order 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)
September 19, 2018 Filing 147 MOTION to Withdraw as Attorney the Hilliard Shadowen Firm by Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund. (Shadowen, Steve)
September 18, 2018 Opinion or Order 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)
September 13, 2018 Opinion or Order 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)
September 13, 2018 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)
September 12, 2018 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)
September 12, 2018 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)
September 12, 2018 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)
September 12, 2018 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)
September 12, 2018 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)
September 11, 2018 Opinion or Order 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)
September 11, 2018 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)
September 1, 2018 Opinion or Order 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)
August 31, 2018 Filing 137 Joint MOTION for Extension of Time to File Oppositions to Motions to Compel by Allergan, Inc.. (Stock, Eric)
August 30, 2018 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)
August 30, 2018 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)
August 29, 2018 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)
August 29, 2018 Filing 135 Letter Regarding Plaintiffs' Motion to Compel Specific Searches from Three Allergan Custodians by End-Payor Plaintiffs (Sharp, Christina)
August 28, 2018 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)
August 24, 2018 Filing 133 NOTICE of Appearance by Nicholas Urban on behalf of Rochester Drug Cooperative, Inc (notification declined or already on case) (Urban, Nicholas)
August 23, 2018 Opinion or Order 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)
August 23, 2018 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)
August 23, 2018 Filing 131 Notice of Related Case (Bowens, Priscilla)
August 3, 2018 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)
July 30, 2018 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)
July 27, 2018 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)
July 27, 2018 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)
July 26, 2018 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).
July 24, 2018 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)
July 23, 2018 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)
July 23, 2018 Opinion or Order ORDER granting #123 Motion for Leave to Appear Pro Hac Vice. Ordered by Judge Nina Gershon on 7/23/2018. (Stephens-Davidowitz, Lauren)
July 20, 2018 Filing 124 Letter to Judge Gershon from Plaintiffs regarding Patent IPR Proceedings by End-Payor Plaintiffs (Sharp, Christina)
July 20, 2018 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)
July 19, 2018 Filing 122 Letter to Judge Nina Gershon From Allergan Regarding Search Terms and Custodians by Allergan, Inc. (Stock, Eric)
July 19, 2018 Filing 121 Letter to Judge Nina Gershon From Allergan Regarding Plaintiffs' Responses To Requests For Production by Allergan, Inc. (Stock, Eric)
July 19, 2018 Filing 120 Letter to Judge Nina Gershon from Plaintiffs regarding Discovery Issues by End-Payor Plaintiffs (Sharp, Christina)
July 19, 2018 Filing 119 Letter to Judge Nina Gershon from Plaintiffs regarding Custodians by End-Payor Plaintiffs (Sharp, Christina)
July 19, 2018 Filing 118 Letter to Judge Nina Gershon from Plaintiffs regarding Search Terms by End-Payor Plaintiffs (Sharp, Christina)
June 20, 2018 Opinion or Order 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)
June 19, 2018 Filing 116 REPLY in Support of Allergan's Motion to Dismiss End-Payor Plaintiffs' State Law Claims filed by Allergan, Inc.. (Royall, Michael)
June 19, 2018 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)
June 19, 2018 Filing 114 MOTION to Dismiss End Payor Plaintiffs' State Law Claims by Allergan, Inc.. (Attachments: #1 Memorandum in Support) (Royall, Michael)
June 19, 2018 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)
June 19, 2018 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)
June 19, 2018 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)
June 18, 2018 Filing 110 Letter to Judge Nina Gershon from Eric J. Stock re courtesy copy cover letter by Allergan, Inc. (Stock, Eric)
June 18, 2018 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)
June 12, 2018 Opinion or Order 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)
June 7, 2018 Opinion or Order 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)
June 7, 2018 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)
June 6, 2018 Opinion or Order 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)
June 6, 2018 Filing 104 NOTICE of Change of Address by Peter G Safirstein (Safirstein, Peter)
June 4, 2018 Opinion or Order 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)
June 1, 2018 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)
May 24, 2018 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)
May 24, 2018 Opinion or Order 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)
May 23, 2018 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)
May 22, 2018 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)
May 22, 2018 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)
May 22, 2018 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)
May 21, 2018 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)
May 21, 2018 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)
May 21, 2018 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)
May 21, 2018 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)
May 21, 2018 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)
May 18, 2018 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)
May 11, 2018 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)
May 11, 2018 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)
May 11, 2018 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)
May 11, 2018 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)
May 11, 2018 Opinion or Order 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)
May 9, 2018 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)
May 9, 2018 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)
May 9, 2018 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)
May 9, 2018 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)
May 8, 2018 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)
May 8, 2018 Opinion or Order 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)
May 7, 2018 Opinion or Order 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)
May 7, 2018 Opinion or Order 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)
May 7, 2018 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)
May 7, 2018 Opinion or Order 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)
May 7, 2018 Opinion or Order 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)
May 7, 2018 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)
May 3, 2018 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)
May 2, 2018 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)
May 1, 2018 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)
May 1, 2018 Opinion or Order 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)
May 1, 2018 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)
April 27, 2018 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)
April 27, 2018 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)
April 26, 2018 Opinion or Order 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)
April 26, 2018 Opinion or Order 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)
April 25, 2018 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)
April 24, 2018 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)
April 20, 2018 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)
April 20, 2018 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)
April 18, 2018 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)
April 17, 2018 Opinion or Order 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)
April 16, 2018 Opinion or Order 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)
April 16, 2018 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)
April 13, 2018 Filing 60 NOTICE of Appearance by Gaston Kroub on behalf of Self Insured Schools of California (aty to be noticed) (Kroub, Gaston)
April 13, 2018 Filing 59 NOTICE of Appearance by Zachary D. Silbersher on behalf of Self Insured Schools of California (aty to be noticed) (Silbersher, Zachary)
April 13, 2018 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)
April 12, 2018 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)
April 9, 2018 Opinion or Order 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)
April 6, 2018 Opinion or Order 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)
April 5, 2018 Filing 54 Letter to Honorable Nina Gershon regarding Courtesy Copies of AMENDED COMPLAINT, ECF No. 52 by Direct Purchaser Class Plaintiffs (Kaplan, Robert)
April 4, 2018 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)
April 4, 2018 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)
April 4, 2018 Opinion or Order 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)
April 4, 2018 Opinion or Order 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)
April 4, 2018 Opinion or Order 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)
April 3, 2018 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)
April 2, 2018 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)
March 30, 2018 Filing 46 Letter to Honorable Nina Gershon transmitting courtesy copies of letter and Proposed Order by Direct Purchaser Class Plaintiffs (Kaplan, Robert)
March 29, 2018 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)
March 29, 2018 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)
March 28, 2018 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)
March 28, 2018 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)
March 27, 2018 Opinion or Order 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)
March 26, 2018 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)
March 23, 2018 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)
March 23, 2018 Filing 40 NOTICE of Voluntary Dismissal by Allied Services Division Welfare Fund (Dugan, James)
March 23, 2018 Filing 39 NOTICE of Voluntary Dismissal by Louisiana Health Service and Indemnity Company (Dugan, James)
March 23, 2018 Filing 38 MOTION to Dismiss Voluntary by Louisiana Health Service and Indemnity Company. (Dugan, James)
March 22, 2018 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)
March 21, 2018 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)
March 20, 2018 Opinion or Order 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)
March 20, 2018 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)
March 20, 2018 Filing 35 NOTICE of Change of Address and Firm Affiliation by Lee Albert (Albert, Lee)
March 20, 2018 Opinion or Order 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)
March 20, 2018 Opinion or Order 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)
March 19, 2018 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)
March 19, 2018 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)
March 16, 2018 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)
March 16, 2018 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)
March 15, 2018 Filing 30 Letter to the Honorable Nina Gershon by FWK Holdings, LLC (Kaplan, Robert)
March 15, 2018 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)
March 14, 2018 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)
March 14, 2018 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)
March 13, 2018 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)
March 13, 2018 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)
March 12, 2018 Opinion or Order 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)
March 9, 2018 Filing 24 NOTICE of Appearance by Hugh Sandler on behalf of FWK Holdings, LLC (aty to be noticed) (Sandler, Hugh)
March 9, 2018 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)
March 9, 2018 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)
March 8, 2018 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)
March 8, 2018 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)
March 1, 2018 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)
February 26, 2018 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)
February 26, 2018 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)
February 26, 2018 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)
February 21, 2018 Opinion or Order 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)
February 21, 2018 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)
February 14, 2018 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)
February 14, 2018 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)
February 13, 2018 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)
February 13, 2018 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)
February 12, 2018 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)
February 12, 2018 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)
February 12, 2018 Opinion or Order 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)
February 12, 2018 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)
February 12, 2018 Opinion or Order Filing 6 ORDER: Case Management Order Number 1. Ordered by Judge Nina Gershon on 2/12/2018. (Joe, Victor)
February 12, 2018 Opinion or Order ORDER granting #5 Motion to Stay #6 . Ordered by Judge Nina Gershon on 2/12/2018. (Joe, Victor)
February 12, 2018 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)
February 7, 2018 Filing 4 Notice of Related Case (Bowens, Priscilla)
February 6, 2018 Filing 3 NOTICE of Appearance by Linda P. Nussbaum on behalf of FWK Holdings, LLC (aty to be noticed) (Nussbaum, Linda)
January 31, 2018 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)
January 31, 2018 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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Search for this case: In Re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation
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Defendant: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation
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Plaintiff: Allergan, Inc.
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Plaintiff: 1199SEIU Greater New York Benefit Fund
Represented By: Eric B. Fastiff
Represented By: David Rudolph
Represented By: Adam Gitlin
Represented By: Kelly Kristine McNabb
Represented By: Dan Drachler
Represented By: Jonathan D. Selbin
Represented By: Bruce Leppla
Represented By: Kathleen Marie Konopka
Represented By: Sona R. Shah
Represented By: Christina H.C. Sharp
Represented By: Robert S. Schachter
Represented By: Jeremy J Pilaar
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Plaintiff: 1199SEIU Licensed Practical Nurses Welfare Fund
Represented By: Eric B. Fastiff
Represented By: David Rudolph
Represented By: Adam Gitlin
Represented By: Kelly Kristine McNabb
Represented By: Dan Drachler
Represented By: Jonathan D. Selbin
Represented By: Bruce Leppla
Represented By: Kathleen Marie Konopka
Represented By: Sona R. Shah
Represented By: Christina H.C. Sharp
Represented By: Robert S. Schachter
Represented By: Jeremy J Pilaar
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Plaintiff: American Federation of State, County and Municipal Employees District Council 37 Health & Security Plan
Represented By: Eric B. Fastiff
Represented By: David Rudolph
Represented By: Adam Gitlin
Represented By: Kelly Kristine McNabb
Represented By: Dan Drachler
Represented By: Jonathan D. Selbin
Represented By: Bruce Leppla
Represented By: Kathleen Marie Konopka
Represented By: Sona R. Shah
Represented By: James R Dugan
Represented By: Christina H.C. Sharp
Represented By: Robert S. Schachter
Represented By: Jeremy J Pilaar
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Plaintiff: 1199SEIU National Benefit Fund
Represented By: Eric B. Fastiff
Represented By: David Rudolph
Represented By: Adam Gitlin
Represented By: Kelly Kristine McNabb
Represented By: Dan Drachler
Represented By: Jonathan D. Selbin
Represented By: Bruce Leppla
Represented By: Kathleen Marie Konopka
Represented By: Sona R. Shah
Represented By: Christina H.C. Sharp
Represented By: Robert S. Schachter
Represented By: Jeremy J Pilaar
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Plaintiff: 1199SEIU National Benefit Fund for Home Care Workers
Represented By: Eric B. Fastiff
Represented By: David Rudolph
Represented By: Adam Gitlin
Represented By: Kelly Kristine McNabb
Represented By: Dan Drachler
Represented By: Jonathan D. Selbin
Represented By: Bruce Leppla
Represented By: Kathleen Marie Konopka
Represented By: Sona R. Shah
Represented By: Christina H.C. Sharp
Represented By: Robert S. Schachter
Represented By: Jeremy J Pilaar
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Plaintiff: HEB Grocery Company L.P.
Represented By: Richard A. Arnold
Represented By: Anna Theresa Neill
Represented By: Scott E. Perwin
Represented By: Lauren Carol Ravkind
Represented By: Joshua Barton Gray
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Plaintiff: International Union of Operating Engineers Local 501 Security Trust Fund
Represented By: John Anthony Blyth
Represented By: Frank R. Schirripa
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Plaintiff: Plumbers & Pipefitters Local 178 Health & Welfare Trust Fund
Represented By: Robert Christopher Bunt
Represented By: Gregory B. Linkh
Represented By: Lee Albert
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Plaintiff: KPH Healthcare Services, Inc., a/k/a Kinney Drugs, Inc., Individually and on behalf of all others similarly situated
Represented By: Stephanie Egner Smith
Represented By: Dianne M. Nast
Represented By: Debra G. Josephson
Represented By: Michael L. Roberts
Represented By: Karen S. Halbert
Represented By: Erin Burns
Represented By: Dianne M Nast
Represented By: William Rolf Olson
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Plaintiff: Walgreen Co.
Represented By: Richard A. Arnold
Represented By: Anna Theresa Neill
Represented By: Scott E. Perwin
Represented By: Lauren Carol Ravkind
Represented By: Joshua Barton Gray
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Plaintiff: Allied Services Division Welfare Fund
Represented By: Lanson Leon Bordelon
Represented By: James R Dugan
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Plaintiff: Rochester Drug Cooperative, Inc
Represented By: Bradley J. Demuth
Represented By: Archana Tamoshunas
Represented By: Zachary D. Caplan
Represented By: Peter R. Kohn
Represented By: David F. Sorensen
Represented By: Daniel John Walker
Represented By: Ellen Noteware
Represented By: Barry Taus
Represented By: Nicholas Urban
Represented By: Joseph T. Lukens
Represented By: Miles Greaves
Represented By: Ritamarie Daley
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Plaintiff: Philadelphia Federation of Teachers Health and Welfare Fund
Represented By: Marc H. Edelson
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Plaintiff: Direct Purchaser Class Plaintiffs
Represented By: Kristen A. Johnson
Represented By: James R Dugan
Represented By: Robert N. Kaplan
Represented By: Thomas M. Sobol
Represented By: Nicholas Urban
Represented By: Ritamarie Daley
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Plaintiff: Albertsons Companies, Inc.
Represented By: Richard A. Arnold
Represented By: Anna Theresa Neill
Represented By: Scott E. Perwin
Represented By: Lauren Carol Ravkind
Represented By: Joshua Barton Gray
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Plaintiff: End-Payor Plaintiffs
Represented By: Dan Drachler
Represented By: Christina H.C. Sharp
Represented By: Eric B. Fastiff
Represented By: Joseph R. Saveri
Represented By: Steven N. Williams
Represented By: Kathleen Marie Konopka
Represented By: Sona R. Shah
Represented By: Adam Gitlin
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Plaintiff: Ironworkers Local 383 Health Care Plan
Represented By: Dan Drachler
Represented By: Michelle J. Looby
Represented By: Bethany R Turke
Represented By: Ellen Meriwether
Represented By: Christina H.C. Sharp
Represented By: Justin N. Boley
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Plaintiff: United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund
Represented By: Dan Drachler
Represented By: Michelle J. Looby
Represented By: Bethany R Turke
Represented By: Ellen Meriwether
Represented By: Christina H.C. Sharp
Represented By: Justin N. Boley
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Plaintiff: Ahold U.S.A. Inc.
Represented By: Kristen A. Johnson
Represented By: Sidney Calvin Capshaw, III
Represented By: Alfred Luke Smith
Represented By: Jessica R. MacAuley
Represented By: David S. Nalven
Represented By: John Radice
Represented By: Elizabeth L DeRieux
Represented By: Thomas M. Sobol
Represented By: Hannah W. Brennan
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Plaintiff: FWK Holdings, LLC
Represented By: David P. Germaine
Represented By: Linda P. Nussbaum
Represented By: Kristen A. Johnson
Represented By: Hugh Sandler
Represented By: Robert N. Kaplan
Represented By: Sidney Calvin Capshaw, III
Represented By: Matthew Powers McCahill
Represented By: Alfred Luke Smith
Represented By: Joseph M Vanek
Represented By: Aaron Schwartz
Represented By: Matthew Slater
Represented By: Jessica R. MacAuley
Represented By: John Radice
Represented By: Elizabeth L DeRieux
Represented By: Hannah W. Brennan
Represented By: John P. Bjork
Represented By: Paul E. Slater
Represented By: Robert David Cheifetz
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Plaintiff: The Kroger Co.
Represented By: Richard A. Arnold
Represented By: Anna Theresa Neill
Represented By: Scott E. Perwin
Represented By: Lauren Carol Ravkind
Represented By: Joshua Barton Gray
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Plaintiff: Self Insured Schools of California
Represented By: Joseph R. Saveri
Represented By: Zachary D. Silbersher
Represented By: Christina H.C. Sharp
Represented By: Kyla Gibboney
Represented By: Ryan J McEwan
Represented By: V Chai Oliver Prentice
Represented By: Nicomedes Sy Herrera
Represented By: Gaston Kroub
Represented By: Steven N. Williams
Represented By: Kyle Quackenbush
Represented By: Joshua A. Davis
Represented By: Keydon Levy
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Plaintiff: St. Paul Electrical Workers' Health Plan
Represented By: Dan Drachler
Represented By: Jessica N. Servais
Represented By: Christina H.C. Sharp
Represented By: Robert G. Eisler
Represented By: Deborah A. Elman
Represented By: Renae D. Steiner
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Plaintiff: Rite Aid Hdqtrs. Corp.
Represented By: Eric Bloom
Represented By: Andrew Martin Erdlen
Represented By: Caitlin McHugh
Represented By: Barry L. Refsin
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Plaintiff: Louisiana Health Service and Indemnity Company
Represented By: James Randolph Dugan, II
Represented By: Douglas R Plymale
Represented By: David S. Scalia
Represented By: Charles A. O'Brien, III
Represented By: Bonnie Adele Kendrick
Represented By: James R Dugan
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Plaintiff: CVS Pharmacy, Inc.
Represented By: Eric Bloom
Represented By: Andrew Martin Erdlen
Represented By: Caitlin McHugh
Represented By: Barry L. Refsin
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Plaintiff: Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund
Represented By: Natalie Finkelman Bennett
Represented By: Robert Christopher Bunt
Represented By: D. Sean Nation
Represented By: Jayne A. Goldstein
Represented By: Steve D. Shadowen
Represented By: Frazar Wright Thomas
Represented By: Christina H.C. Sharp
Represented By: Matthew C. Weiner
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Plaintiff: Rite AID Corp.
Represented By: Eric Bloom
Represented By: Andrew Martin Erdlen
Represented By: Caitlin McHugh
Represented By: Barry L. Refsin
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Plaintiff: Sergeants Benevolent Association Health & Welfare Fund
Represented By: Dan Drachler
Represented By: Daniel C. Girard
Represented By: Peter G Safirstein
Represented By: Thomas Watts
Represented By: Christina H.C. Sharp
Represented By: Scott M. Grzenczyk
Represented By: Adam E. Polk
Represented By: Jordan Elias
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Plaintiff: HMO Louisiana, Inc
Represented By: James Randolph Dugan, II
Represented By: Douglas R Plymale
Represented By: David S. Scalia
Represented By: Charles A. O'Brien, III
Represented By: Bonnie Adele Kendrick
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Plaintiff: Meijer, Inc.
Represented By: David S Nalven
Represented By: Matthew Slater
Represented By: Joseph Michael Vanek
Represented By: David P. Germaine
Represented By: Robert David Cheifetz
Represented By: Paul E. Slater
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Plaintiff: Meijer Distribution, Inc.
Represented By: David S Nalven
Represented By: Matthew Slater
Represented By: Joseph Michael Vanek
Represented By: David P. Germaine
Represented By: Robert David Cheifetz
Represented By: Paul E. Slater
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Plaintiff: MAO-MSO Recovery II, LLC, Series PMPI
Represented By: Tracy L. Turner
Represented By: Christopher Coffin
Represented By: Shannon A. Shelton
Represented By: Shannon A Shelton
Represented By: Anna Higgins
Represented By: Tracy Turner
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Plaintiff: MSPA Claims 1, LLC
Represented By: Tracy L. Turner
Represented By: Christopher Coffin
Represented By: Shannon A. Shelton
Represented By: Shannon A Shelton
Represented By: Anna Higgins
Represented By: Tracy Turner
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Plaintiff: MSP Recovery Claims, Series LLC
Represented By: Tracy L. Turner
Represented By: Christopher Coffin
Represented By: Shannon A. Shelton
Represented By: Shannon A Shelton
Represented By: Anna Higgins
Represented By: Tracy Turner
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Plaintiff: All Plaintiffs
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Plaintiff: Louisiana Health Service and Indemnity Company on behalf of itself and all others similarly situated doing business as Blue Cross Blue Shield Of Louisiana
Represented By: James Randolph Dugan, II
Represented By: Douglas R Plymale
Represented By: David S. Scalia
Represented By: Charles A. O'Brien, III
Represented By: Bonnie Adele Kendrick
Represented By: James R Dugan
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In re: In Re: Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litigation
Represented By: Kathleen Marie Konopka
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Interested party: Mylan Pharmaceuticals, Inc.
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Interested party: Teva Pharmaceuticals USA, Inc.
Represented By: Chandrika Vira
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Petitioner: Akorn Inc.
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