MSP Recovery Claims, Series LLC et al v. Allergan, Inc.
| MSPA Claims 1, LLC, MAO-MSO Recovery II, LLC, Series PMPI and MSP Recovery Claims, Series LLC |
| Allergan, Inc. |
| 1:2019cv02649 |
| May 3, 2019 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Nina Gershon |
| Anti-Trust |
| 15 U.S.C. § 25 Clayton Act |
| Plaintiff |
Docket Report
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| Filing 12 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 11 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 granting #10 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 6/5/2019. (Stephens-Davidowitz, Lauren)
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| Filing 10 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11537492. by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Affidavit of Christopher L. Coffin, #2 Georgia Certificate of Good Standing, #3 Louisiana Certificate of Good Standing) (Coffin, Christopher) |
| Filing 9 ACKNOWLEDGMENT OF SERVICE Executed Upon State Attorney Generals Acknowledgement filed by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Shelton, Shannon) |
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ORDER: This action, MSP Recovery Claims, Series LLC et al v. Allergan, Inc., 19-cv-2649, was marked as related to In re Restasis, 18-md-2819, a multi-district litigation before me. Plaintiffs' counsel is directed to attend the next status conference in In re Restasis, which is scheduled for June 13, 2019 at 2 p.m. in courtroom 6D South. If they have not yet done so, plaintiffs are also directed to promptly serve defendant with the complaint. The parties shall then meet and confer about a pre-trial schedule to be presented to the court at or before the status conference. Ordered by Judge Nina Gershon on 6/3/2019. Associated Cases: 1:18-md-02819-NG-LB, 1:19-cv-02649-NG-LB (Stephens-Davidowitz, Lauren)
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| Filing 8 NOTICE of Appearance by Tracy Turner on behalf of MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC (notification declined or already on case) (Turner, Tracy) |
| Filing 7 NOTICE of Appearance by Shannon A Shelton on behalf of MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC (notification declined or already on case) (Shelton, Shannon) |
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ORDER granting #6 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 5/30/2019. (Stephens-Davidowitz, Lauren)
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| Filing 6 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11524853. by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Affidavit of Tracy L. Turner, #2 Certificate of Good Standing) (Turner, Tracy) |
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Filing 5
JOINT STIPULATION AND ORDER TO EXTEND THE BRIEFING SCHEDULE ON PLAINTIFFS' LETTER BRIEF SEEKING TO COMPEL SUPPLEMENTAL DOCUMENT PRODUCTIONS. Allergan's time to file its opposition to Plaintiffs' letter brief is extended to 6/3/2019. Ordered by Judge Nina Gershon on 5/24/2019. Associated Cases: 1:18-md-02819-NG-LB et al. (Barrett, C)
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ORDER granting #4 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 5/22/2019. (Stephens-Davidowitz, Lauren)
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| Filing 4 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11502806. by MAO-MSO Recovery II, LLC, Series PMPI, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Attachments: #1 Affidavit of Shannon A. Shelton, #2 Certificate of Good Standing) (Shelton, Shannon) |
| Filing 3 Summons Issued as to Allergan, Inc.. (Marziliano, August) |
| Counsel for Plaintiff must supply the Court with a completed proposed summons. Counsel can you the following event in order to provide a copy. Proposed Summons/Civil Cover Sheet (Marziliano, August) |
| The case of MSP Recovery Claims, Series LLC et al v. Allergan, Inc., has been opened in the Eastern District of New York. The new case number is 1:19-cv-02649-NG-LB. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Marziliano, August) |
| Filing 2 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. (Williams, Erica) |
| Filing 1 COMPLAINT against Allergan, Inc., filed by MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC, MAO-MSO Recovery II, LLC, Series PMPI. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D (1-5), #6 Exhibit D-1 (6-11), #7 Exhibit D-2 (12-16), #8 Exhibit D-3 (17-21), #9 Exhibit D-4 (22-26), #10 Exhibit D-5 (27-32), #11 Exhibit D-6 (33-38), #12 Exhibit D-7 (39-44)) (Williams, Erica) |
| FILING FEE: $ 400.00, receipt number 4653139654 (Williams, Erica) |
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