Meijer, Inc. et al v. Allergan, Inc.
| Meijer, Inc. and Meijer Distribution, Inc. |
| Allergan, Inc. |
| 1:2019cv02563 |
| May 1, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Nina Gershon |
| Anti-Trust |
| 15 U.S.C. ยง 1 Antitrust Litigation |
| Plaintiff |
Docket Report
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| On May 15, 2019, the parties submitted a Redfern chart containing plaintiffs' privilege challenges to 158 documents that had been withheld or redacted by defendant 285 . Defendant simultaneously submitted the relevant documents for the court's in camera review. Today, after carefully reviewing the parties' arguments and the documents, the court filed under seal, with access given solely to the parties, an updated version of the Redfern chart that sets forth its rulings. Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 11 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) |
| Minute Entry for proceedings held before Judge Nina Gershon: Case called. All parties in attendance. Counsel for Teva Pharmaceuticals USA, Inc. also present for portions of the proceedings. The court directed the parties to submit letters, in accordance with an agreed-upon schedule, regarding how MSP Recovery Claims, Series LLC, et al. v. Allergan, Inc., 19-cv-2649, should proceed. The court granted plaintiffs motion 288 to consolidate Meijer, Inc., et al. v. Allergan, Inc., 19-cv-2563, with the other DPP class actions. After conducting discovery of Meijer, defendant shall respond to plaintiffs' motion to appoint Meijer, Inc. as a class representative 288 by August 23, 2019, and DPPs shall reply by August 30, 2019. Regarding the Privilege Re-Review, defendant will produce a redacted version of Document No. 147, and the parties shall meet and confer on Document Nos. 91 and 114 and update the court on their positions by June 27, 2019. The court granted plaintiffs' Letter Brief Regarding Supplemental Productions 289 and directed the parties to meet and confer as to the timing of that production. The parties agreed that plaintiffs would be permitted to question Robert Bailey, at his upcoming deposition, about the clawed-back document related to the deal with the St. Regis Mohawk Tribe that plaintiffs seek to compel in their Motion to Compel Production of Documents Withheld as Privileged 301 . Plaintiffs shall serve a reply on that motion by July 17, 2019, and defendant shall serve a sur-reply by July 24, 2019. Plaintiffs confirmed that their Letter Brief Regarding Production of E.D. Tex. Trial Demonstratives 290 has been resolved. RDC should inform the court whether, in light of its revised motion to seal 280 , the court may unseal the transcript of the March 21, 2019 conference. After each class certification motion is fully briefed, the parties should file a joint submission identifying the factual issues that require the courts resolution. The parties shall submit a revised scheduling order by June 27, 2019. The court instructed the parties always to file a reply, even for letter briefing, and to send the court courtesy copies of their submissions on discovery disputes and class certification as soon as they are served on the other party. The next status conference is scheduled for July 18, 2019 at 10 a.m. The DPP class certification hearing is scheduled for September 25, 2019 at 10 a.m. The EPP class certification hearing is scheduled for September 26, 2019 at 10 a.m. All proceedings will be held in courtroom 6D South. (Court Reporter Lisa Schmid.) Associated Cases: 1:18-md-02819-NG-LB et al. (Joe, Victor) |
| Filing 10 Letter replying to defendant's letter dated 6/3/19 re Meijer action by Meijer Distribution, Inc., Meijer, Inc. (Nalven, David) |
| Filing 9 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) |
ORDER re (288 in 1:18-md-02819-NG-LB) Letter filed by Direct Purchaser Class Plaintiffs. Although it has not yet been filed on the docket, the court has received (by email) defendant's response to DPPs' letter dated May 17, 2019 regarding the status of Meijer, Inc. and Meijer Distribution, Inc., 19-cv-2563. DPPs are directed to reply by June 6, 2019. Ordered by Judge Nina Gershon on 6/3/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:18-cv-00677-NG-LB, 1:18-cv-00970-NG-LB, 1:18-cv-00974-NG-LB, 1:19-cv-02563-NG-LB (Stephens-Davidowitz, Lauren)
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Filing 8
JOINT STIPULATION AND ORDER TO EXTEND THE BRIEFING SCHEDULE ON PLAINTIFFS' LETTER BRIEF SEEKING TO COMPEL SUPPLEMENTAL DOCUMENT PRODUCTIONS. Allergan's time to file its opposition to Plaintiffs' letter brief is extended to 6/3/2019. Ordered by Judge Nina Gershon on 5/24/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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| Filing 7 Letter MOTION to consolidate Meijer action and appoint Meijer as an additional class representative by Direct Purchaser Class Plaintiffs Associated Cases: 1:18-md-02819-NG-LB et al. (Sobol, Thomas) |
| Filing 6 Letter MOTION to consolidate Meijer action and appoint Meijer as an additional class representative by Meijer Distribution, Inc., Meijer, Inc. (Sobol, Thomas) |
| Filing 5 SUMMONS Returned Executed by Meijer, Inc., Meijer Distribution, Inc.. Allergan, Inc. served on 5/14/2019, answer due 6/4/2019. (Nalven, David) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 2 Summons Issued as to Allergan, Inc.. (Bowens, Priscilla) |
| Filing 1 COMPLAINT and Jury Demand against Allergan, Inc. filing fee $ 400, receipt number ANYEDC-11438787 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Meijer, Inc., Meijer Distribution, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (Nalven, David) |
| Case assigned to Judge Nina Gershon and Magistrate Judge Lois Bloom. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
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