United States Of America v. Novartis Pharmaceuticals Corporation
| the State of Indiana, the State of Georgia, the State of New Jersey, the State of Texas, ABC, the State of New Hampshire, the State of Rhode Island, the State of Connecticut, the State of Minnesota, the State of New York, the State of Colorado, The City of Chicago, the State of North Carolina, the State of Wisconsin, the State of Washington, The City Of New York,, the State of Montana, Oswald Bilotta, the State of Michigan, District of Columbia, the State of Oklahoma, the State of Delaware, the State of Maryland, the State of Virginia, the State of Tennessee, Iowa, the State of Massachusetts, the State of Louisiana, Texas, the State of Hawaii, the State of California, the State of Illinois, the State of New Mexico, the State of Nevada and the State of Florida |
| Novartis Pharmaceuticals Corp. and DEF |
| Patrick A. Klingman |
| Shepherd, Finkelman, Miller & Shah, LLP |
| United States of America |
| Novartis Pharmaceuticals Corporation |
| 1:2011cv00071 |
| January 5, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul G Gardephe |
| Other Statutory Actions |
| 31 U.S.C. § 3729 |
| Both |
Docket Report
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This docket was last retrieved on October 5, 2020. A more recent docket listing may be available from PACER.
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Filing 362
STIPULATION AND ORDER OF DISMISSAL REGARDING STATES' CLAIMS: NOW, THEREFORE, intending to be legally bound, the States, Relator and Novartis hereby stipulate, agree and consent as follows: 1. This action should be and is hereby dismissed with prejudice. 2. Except as otherwise provided for herein (i.e., in connection with the Med-Arb Proceeding between Relator and Novartis), each of the Settling Parties shall bear its own fees, costs and expenses incurred in connection with this action. The Clerk of the Court is directed to close the case. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/2/2020) (jca)
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Filing 361
PROPOSED STIPULATION AND ORDER. Document filed by Oswald Bilotta..(Miller, James)
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Filing 360
STIPULATION AND ORDER REGARDING PETITION FOR ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES/COSTS: NOW, THEREFORE, intending to be legally bound, Relator and Novartis hereby stipulate and agree as follows: 1. The amount of reasonable attorneys' fees, costs and expenses to be paid by Novartis shall be resolved privately through a binding mediation-arbitration proceeding, and the parties hereby agree that Relator's September 30, 2020 deadlines for filing (a) a petition for reimbursement of attorneys' fees and expenses, and (b) any bill of costs, with this Court are hereby adjourned and vacated. 2. The parties agree and request that the Court retain continuing jurisdiction to adjudicate any disputes regarding the enforcement of the agreement reached by Relator and Novartis in the procedure with Judge Gleeson. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/1/2020) (jca)
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Filing 359
PROPOSED STIPULATION AND ORDER. Document filed by Oswald Bilotta..(Miller, James)
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Filing 358
STIPULATION AND ORDER OF DISMISSAL: Pursuant to Federal Rule of Civil Procedure 41(a)(2), Plaintiff the City of Chicago, by and through its undersigned counsel, and Defendant Novartis Pharmaceuticals Corporation ("Novartis"), by and through its undersigned counsel (together, the "Parties"), having executed an agreement settling the City of Chicago's claims in the above-captioned case, hereby stipulate and agree that all of the City of Chicago's claims in this action are dismissed with prejudice, without costs or attorney's fees to either party. SO ORDERED. The City of Chicago (ex rel.) terminated. (Signed by Judge Paul G. Gardephe on 9/7/2020) (jca)
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Filing 357
PROPOSED STIPULATION AND ORDER. Document filed by Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
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Filing 356
MEMO ENDORSEMENT on re: #355 Letter filed by Patrick A. Klingman. ENDORSEMENT: The motion is withdrawn. The Clerk of Court is respectfully directed to termination the motion (Dkt. No. 347). SO ORDERED. Motions terminated: #347 MOTION for Attorney Fees pursuant to charging lien. filed by Patrick A. Klingman. (Signed by Judge Paul G. Gardephe on 8/28/2020) (jca)
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Filing 355
LETTER addressed to Judge Paul G. Gardephe from Peter M. Nolin dated 8/27/2020 re: Withdrawing motion (ECF no.347). Document filed by Patrick A. Klingman..(Nolin, Peter)
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Filing 354
MEMO ENDORSEMENT on re: #353 Letter, filed by Shepherd, Finkelman, Miller & Shah, LLP. ENDORSEMENT: The Application is granted. SO ORDERED. (Responses due by 8/28/2020) (Signed by Judge Paul G. Gardephe on 8/12/2020) (jca)
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Filing 353
LETTER addressed to Judge Paul G. Gardephe from Edward M. Spiro dated August 11, 2020 re: Extension of Time for Filing Response to Petitioner's Motion for Attorney Fees pursuant to charging lien. Document filed by Shepherd, Finkelman, Miller & Shah, LLP..(Spiro, Edward)
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Filing 352
NOTICE OF APPEARANCE by Edward M. Spiro on behalf of Shepherd, Finkelman, Miller & Shah, LLP..(Spiro, Edward)
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Filing 351
LETTER addressed to Judge Alvin K. Hellerstein from Jacob M. Bergman dated August 11, 2020 re: Request To Mark 20-6173 As Related To 11-0071. Document filed by United States of America..(Bergman, Jacob)
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Filing 350
MEMO ENDORSEMENT with respect to #347 MOTION for Attorney Fees pursuant to charging lien. ENDORSEMENT: Novartis, the Government, and any other interested party is to file a response by 5:00 p.m. on August 14, 2020. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/6/2020) (jca)
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Set/Reset Deadlines: Responses due by 8/14/2020 (jca)
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Filing 349
NOTICE OF APPEARANCE by Peter M. Nolin on behalf of Patrick A. Klingman..(Nolin, Peter)
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Filing 348
MEMORANDUM OF LAW in Support re: #347 MOTION for Attorney Fees pursuant to charging lien. . Document filed by Patrick A. Klingman..(Klingman, Patrick)
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Filing 347
MOTION for Attorney Fees pursuant to charging lien. Document filed by Patrick A. Klingman..(Klingman, Patrick)
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Filing 346
STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL BETWEEN THE UNITED STATES AND RELATOR. NOW, THEREFORE, in reliance on the representations contained herein and in consideration of the mutual promises, covenants, and obligations in this Relator Stipulation, and for good and valuable consideration, receipt of which is hereby acknowledged, the Parties agree as follows: Contingent upon receipt by the United States of the full Settlement Amount, the United States will pay Relator, c/o Shepherd Finkelman Miller & Shah, LLP, as attorneys for Relator ("Relator's Counsel"), eighteen and one-half percent (18.5%) of the payment of the Settlement Amount received from Defendant ($109,416,771.65 plus 18.5% of the interest paid on the Settlement Amount) in accordance with written instructions provided by Relator's Counsel within a reasonable time after the United States' receipt of the payment of the Settlement Amount. The obligation to make the payment to the Relator under this Paragraph is expressly conditioned on, and only arises with, the receipt by the United States of the payment of the Settlement Amount from Defendant required by the Settlement Agreement. In the event that Defendant fails to make full payment of the Settlement Amount, the United States shall have no obligation to make any payment to the Relator. Relator, for himself and his heirs, successors, attorneys, agents, and assigns, agrees that this settlement is fair, adequate, and reasonable under all circumstances, and will not challenge the Settlement Agreement, including but not limited to the Settlement Amount, and as further specified and set forth herein. In agreeing to accept payment of the Relator's share set forth in Paragraph 1 above, and upon payment thereof, Relator, for himself and his heirs, successors, attorneys, agents, and assigns, releases and is deemed to have released and forever discharged the United States and its agencies, officers, employees, servants, and agents from any claim for a share of any proceeds of the Settlement Agreement pursuant to 31 U.S.C. 3730 or other applicable law, and from any and all claims against the United States and its agencies, officers, employees, servants, and agents arising from or relating to the Settlement Agreement or any claim in the Relator Action or the Government Complaint, and as further specified and set forth in this Stipulation and Order of Settlement and Dismissal Between the United States and Relator. So ordered on this 21st day of July, 2020. Oswald Bilotta terminated. (Signed by Judge Paul G. Gardephe on 7/21/2020) (rjm)
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Filing 345
STIPULATION AND ORDER REGARDING PETITION FOR ATTORNEYS' FEES AND REIMBURSEMENT OF EXPENSES/COSTS: NOW, THEREFORE, intending to be legally bound, Relator and Novartis hereby stipulate and agree as follows: 1. The deadline for Relator's filing of any petition for reimbursement of attorneys' fees and expenses shall be September 30, 2020. 2. The deadline for Relator's filing of any bill of costs shall be September 30, 2020. SO ORDERED ON THIS 16th DAY OF July, 2020. (Signed by Judge Paul G. Gardephe on 7/16/2020) (jca)
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Filing 344
PROPOSED STIPULATION AND ORDER. Document filed by Oswald Bilotta..(Miller, James)
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Filing 343
PROPOSED STIPULATION AND ORDER. Document filed by United States of America..(Bergman, Jacob)
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Filing 342
STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: NOW, THEREFORE, upon the Settling Parties' agreement, it is hereby ORDERED that: 1. The Settling Parties agree that this Court has subject matter jurisdiction over this action and consent to this Court's exercise of personal jurisdiction over each of them. 2. Novartis admits, acknowledges, and accepts responsibility for the following facts and conduct as further set forth in this Order. Novartis shall make the following payments to the United States within fourteen (14) business days of the Effective Date (defined below in Paragraph 35): (i) a payment of $591,442,008.92, plus interest (the "Settlement Amount"), which shall be compounded annually at 2.5% accruing from May 17, 2019, to the date on which the Settlement Amount is paid to the United States; and (ii) a payment of $38,406,717.42 million (the "Forfeiture Amount") as money subject to forfeiture to the United States under 18 U.S.C. 981(a)(1)(C). Novartis shall pay the Settlement Amount and Forfeiture Amount in accordance with instructions to be provided by the United States Attorney's Office for the Southern District of New York. Of the Settlement Amount, $295,721,004.46, and the interest associated with that amount, constitutes restitution to the United States as further set forth herein. SO ORDERED ON THIS 1st DAY OF July, 2020. (Signed by Judge Paul G. Gardephe on 7/1/2020) Novartis Pharmaceuticals Corporation terminated. (ks)
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Filing 341
ORDER: The conference currently scheduled for July 2, 2020 is adjourned sine die. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/01/2020) (ama)
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Terminate Transcript Deadlines (ama)
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Filing 340
ORDER: The conference currently scheduled for July 2, 2020 will take place at 10:15 a.m. by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. No later than June 29, 2020, the parties must email GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED. (Telephone Conference set for 7/2/2020 at 10:15 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 6/1/2020) (jca)
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Filing 339
ORDER: It is hereby ORDERED that a conference will take place in this action on July 2, 2020 at 10:30 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Status Conference set for 7/2/2020 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 5/12/2020) (jca)
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Filing 338
ORDER withdrawing #247 Motion to Preclude; withdrawing #249 Motion to Preclude; withdrawing #251 Motion to Preclude; withdrawing #255 Letter Motion for Oral Argument; withdrawing #256 Motion to Preclude; withdrawing #258 Motion to Preclude; withdrawing #260 Motion to Preclude; withdrawing #277 Motion to Preclude; withdrawing #305 Motion in Limine; withdrawing #307 Motion in Limine; withdrawing #310 Motion in Limine; withdrawing #312 Motion in Limine. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/5/2019) (jca)
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Filing 337
JOINT LETTER addressed to Judge Paul G. Gardephe from Jeannette Vargas dated 8/5/2019 re: Withdrawal of Pending Motions. Document filed by United States Of America.(Vargas, Jeannette)
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***DELETED DOCUMENT. Deleted document number #337 ENDORSED LETTER. Deleted as per Chambers. (kgo)
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Filing 336
ORDER: It is hereby ORDERED that the trial in this action previously scheduled to begin on May 20, 2019 is adjourned sine die. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/20/2019) (anc)
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Filing 335
ORDER: It is hereby ORDERED that the conference in this action previously scheduled for May 10, 2019 is adjourned sine die. (Signed by Judge Paul G. Gardephe on 5/9/2019) (ne)
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Filing 334
LETTER addressed to Judge Paul G. Gardephe from Monica Folch dated April 25, 2019 re: Response to Novartis's Pre-Motion Letter re Anticipated Motion to Compel. Document filed by United States Of America.(Folch, Monica)
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Filing 333
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated April 24, 2019 re: NPC's pending Motion to Exclude the Testimony of Graham T. McMahon. Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 332
DECLARATION of Jennifer Jude in Opposition re: #310 MOTION in Limine ("Notice of Defendant Novartis Pharmaceuticals Corporation's Motion to Exclude the Deposition Testimony of Dr. Kevin Lake").. Document filed by United States Of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Jude, Jennifer)
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Filing 331
DECLARATION of Monica P. Folch in Opposition re: #305 MOTION in Limine ("Notice of Defendant Novartis Pharmaceuticals Corporation's Motion to Preclude Evidence Regarding its 2010 Settlement Agreement and Related Corporate Integrity Agreement").. Document filed by United States Of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Folch, Monica)
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Filing 330
MEMORANDUM OF LAW in Opposition re: #305 MOTION in Limine ("Notice of Defendant Novartis Pharmaceuticals Corporation's Motion to Preclude Evidence Regarding its 2010 Settlement Agreement and Related Corporate Integrity Agreement"). . Document filed by United States Of America. (Folch, Monica)
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Filing 329
MEMORANDUM OF LAW in Opposition re: #310 MOTION in Limine ("Notice of Defendant Novartis Pharmaceuticals Corporation's Motion to Exclude the Deposition Testimony of Dr. Kevin Lake"). . Document filed by United States Of America. (Jude, Jennifer)
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Filing 328
DECLARATION of Benjamin Gruenstein in Opposition re: #312 MOTION in Limine to Exclude Certain Evidence and Establish Admissibility of Evidence.. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20)(Chesler, Evan)
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Filing 327
MEMORANDUM OF LAW in Opposition re: #312 MOTION in Limine to Exclude Certain Evidence and Establish Admissibility of Evidence. . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 326
DECLARATION of Jacob Lillywhite in Opposition re: #307 MOTION in Limine ("Notice of Defendant Novartis Pharmaceuticals Corporation's Motion to Exclude Lunch-N-Learns and Payments Reimbursed Through Rebates from the Government's Computation of Damages").. Document filed by United States Of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Lillywhite, Jacob)
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Filing 325
MEMORANDUM OF LAW in Opposition re: #307 MOTION in Limine ("Notice of Defendant Novartis Pharmaceuticals Corporation's Motion to Exclude Lunch-N-Learns and Payments Reimbursed Through Rebates from the Government's Computation of Damages"). . Document filed by United States Of America. (Lillywhite, Jacob)
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Filing 324
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated April 22, 2019 re: NPC's anticipated motion to compel. Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 323
ORDER granting #322 Letter Motion for Extension of Time. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/17/2019) (ks)
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Filing 322
LETTER MOTION for Extension of Time to Submit Plaintiffs' Trial Exhibits addressed to Judge Paul G. Gardephe from Jeannette A. Vargas dated 4/15/2019. Document filed by United States Of America.(Vargas, Jeannette)
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Filing 321
LETTER addressed to Judge Paul G. Gardephe from Jacob M. Bergman dated April 11, 2019 re: Corrected Exhibit Lists and Declaration. Document filed by United States of America. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bergman, Jacob)
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Filing 320
DECLARATION of Jeannette A. Vargas in Support re: #312 MOTION in Limine to Exclude Certain Evidence and Establish Admissibility of Evidence.. Document filed by United States Of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T)(Vargas, Jeannette)
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Filing 319
REQUEST TO CHARGE. Document filed by United States Of America. (Attachments: #1 Exhibit Defendant's Exhibit 1, #2 Exhibit Defendant's Exhibit 2)(Jude, Jennifer)
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Filing 318
NOTICE of of Defendant's Proposed Verdict Form. Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 317
NOTICE of Plaintiffs' Proposed Verdict Form. Document filed by United States Of America. (Jude, Jennifer)
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Filing 316
DECLARATION of Leslie Baker in Support re: #312 MOTION in Limine to Exclude Certain Evidence and Establish Admissibility of Evidence.. Document filed by United States Of America. (Jude, Jennifer)
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Filing 315
PROPOSED PRE-TRIAL ORDER. Document filed by United States Of America. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit C-1, #5 Exhibit C-2, #6 Exhibit D-1, #7 Exhibit D-2, #8 Exhibit D-3, #9 Exhibit E, #10 Exhibit F, #11 Exhibit G, #12 Exhibit H) (Lillywhite, Jacob)
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Filing 314
DECLARATION of Benjamin Gruenstein in Support re: #307 MOTION in Limine ("Notice of Defendant Novartis Pharmaceuticals Corporation's Motion to Exclude Lunch-N-Learns and Payments Reimbursed Through Rebates from the Government's Computation of Damages")., #310 MOTION in Limine ("Notice of Defendant Novartis Pharmaceuticals Corporation's Motion to Exclude the Deposition Testimony of Dr. Kevin Lake")., #305 MOTION in Limine ("Notice of Defendant Novartis Pharmaceuticals Corporation's Motion to Preclude Evidence Regarding its 2010 Settlement Agreement and Related Corporate Integrity Agreement").. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Chesler, Evan)
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Filing 313
MEMORANDUM OF LAW in Support re: #312 MOTION in Limine to Exclude Certain Evidence and Establish Admissibility of Evidence. . Document filed by United States Of America. (Vargas, Jeannette)
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Filing 312
MOTION in Limine to Exclude Certain Evidence and Establish Admissibility of Evidence. Document filed by United States Of America.(Vargas, Jeannette)
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Filing 311
MEMORANDUM OF LAW in Support re: #310 MOTION in Limine ("Notice of Defendant Novartis Pharmaceuticals Corporation's Motion to Exclude the Deposition Testimony of Dr. Kevin Lake"). . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 310
MOTION in Limine ("Notice of Defendant Novartis Pharmaceuticals Corporation's Motion to Exclude the Deposition Testimony of Dr. Kevin Lake"). Document filed by Novartis Pharmaceuticals Corporation.(Chesler, Evan)
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Filing 309
DECLARATION of Eric M. Gaier, PhD in Support re: #307 MOTION in Limine ("Notice of Defendant Novartis Pharmaceuticals Corporation's Motion to Exclude Lunch-N-Learns and Payments Reimbursed Through Rebates from the Government's Computation of Damages").. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chesler, Evan)
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Filing 308
MEMORANDUM OF LAW in Support re: #307 MOTION in Limine ("Notice of Defendant Novartis Pharmaceuticals Corporation's Motion to Exclude Lunch-N-Learns and Payments Reimbursed Through Rebates from the Government's Computation of Damages"). . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 307
MOTION in Limine ("Notice of Defendant Novartis Pharmaceuticals Corporation's Motion to Exclude Lunch-N-Learns and Payments Reimbursed Through Rebates from the Government's Computation of Damages"). Document filed by Novartis Pharmaceuticals Corporation.(Chesler, Evan)
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Filing 306
MEMORANDUM OF LAW in Support re: #305 MOTION in Limine ("Notice of Defendant Novartis Pharmaceuticals Corporation's Motion to Preclude Evidence Regarding its 2010 Settlement Agreement and Related Corporate Integrity Agreement"). . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 305
MOTION in Limine ("Notice of Defendant Novartis Pharmaceuticals Corporation's Motion to Preclude Evidence Regarding its 2010 Settlement Agreement and Related Corporate Integrity Agreement"). Document filed by Novartis Pharmaceuticals Corporation.(Chesler, Evan)
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Filing 304
PRETRIAL MEMORANDUM. Document filed by Novartis Pharmaceuticals Corporation.(Chesler, Evan)
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Filing 303
REQUEST TO CHARGE. Document filed by United States Of America.(Jude, Jennifer)
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Filing 302
PROPOSED VOIR DIRE QUESTIONS. Document filed by United States Of America.(Jude, Jennifer)
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Filing 301
TRIAL MEMORANDUM. Document filed by United States Of America.(Jude, Jennifer)
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Filing 300
MEMO ENDORSEMENT on re: #292 Letter, filed by United States Of America, United States of America. ENDORSEMENT: The final pretrial conference will be conducted on May 10, 2019, at 10:00 A.M. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/4/2019) ( Motions due by 4/8/2019., Responses due by 8/22/2019, Final Pretrial Conference set for 5/10/2019 at 10:00 AM before Judge Paul G. Gardephe.) (ks)
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Filing 299
ORDER granting #297 Letter Motion for Extension of Time. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/4/2019) (kv)
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Filing 298
NOTICE OF APPEARANCE by Jacob Max Bergman on behalf of United States of America. (Bergman, Jacob)
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Filing 297
JOINT LETTER MOTION for Extension of Time to Submit Trial Exhibits addressed to Judge Paul G. Gardephe from Jeannette Vargas dated 4/3/2019. Document filed by United States Of America.(Vargas, Jeannette)
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Filing 296
ORDER denying #225 Motion for Summary Judgment; granting #228 Motion for Partial Summary Judgment: For reasons that will be explained in a forthcoming Memorandum Opinion and Order, Novartis's motion for summary judgment is denied, and the Government's motion for partial summary judgment is granted, as further set forth in this order. The Clerk of Court is directed to terminate the motions (Dkt. Nos. 225, 228). (Signed by Judge Paul G. Gardephe on 3/31/2019) (jwh)
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Filing 295
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated March 8, 2019 re: response to the Government's March 6, 2019 letter (ECF No. 294). Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 294
LETTER addressed to Judge Paul G. Gardephe from Jeannette Vargas dated 3/6/2019 re: Recent Decision by Chief Judge McMahon in United States ex rel. Arnstein v. Teva Pharm. USA, Inc.. Document filed by United States Of America. (Attachments: #1 Teva Decision)(Lillywhite, Jacob)
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Filing 293
NOTICE OF CHANGE OF ADDRESS by Eric Leighton Young on behalf of Oswald Bilotta. New Address: McEldrew Young, 123 S. Broad Street, Suite 2250, Philadelphia, PA, United States 19109, 2153675151. (Young, Eric)
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Filing 292
LETTER addressed to Judge Paul G. Gardephe from Jeannette Vargas dated 2/6/19 re: Status of Case and Updated Deadlines for Pretrial Submissions as a Result of the Stay Imposed During the Lapse in Appropriations. Document filed by United States Of America, United States of America.(Vargas, Jeannette)
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Filing 291
ORDER granting #290 Motion to Seal Document. The Application is granted. (Signed by Judge Paul G. Gardephe on 11/28/2018) (cf)
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Filing 290
LETTER MOTION to Seal Document regarding certain supporting materials to the parties motions filed November 15, 2018 addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated November 19, 2018. Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 289
DECLARATION of Benjamin Gruenstein in Support re: #247 MOTION to Preclude the Expert Testimony of Virginia B. Evans., #251 MOTION to Preclude the Expert Testimony of Graham T. McMahon., #277 MOTION to Preclude the Expert Testimony of Stanley J. Schneller., #249 MOTION to Preclude the Expert Testimony of Daniel L. McFadden.. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Gruenstein, Benjamin)
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Filing 288
DECLARATION of Benjamin Gruenstein in Opposition re: #256 MOTION to Preclude Certain Portions of the Proposed Testimony of Dr. Eric Gaier., #258 MOTION to Preclude the Proposed Testimony of Heidi A. Sorensen., #260 MOTION to Preclude Certain Portions of the Proposed Testimony of Dr. Matthew Mintz and Dr. Raymond R. Townsend.. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19)(Gruenstein, Benjamin)
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Filing 287
DECLARATION of Benjamin Gruenstein in Support re: #247 MOTION to Preclude the Expert Testimony of Virginia B. Evans., #251 MOTION to Preclude the Expert Testimony of Graham T. McMahon., #277 MOTION to Preclude the Expert Testimony of Stanley J. Schneller., #249 MOTION to Preclude the Expert Testimony of Daniel L. McFadden.. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Gruenstein, Benjamin)
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Filing 286
DECLARATION of Jeannette A. Vargas in Support re: #260 MOTION to Preclude Certain Portions of the Proposed Testimony of Dr. Matthew Mintz and Dr. Raymond R. Townsend.. Document filed by United States Of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Jude, Jennifer)
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Filing 285
DECLARATION of Jennifer Jude in Support re: #258 MOTION to Preclude the Proposed Testimony of Heidi A. Sorensen.. Document filed by United States Of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Jude, Jennifer)
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Filing 284
DECLARATION of Jacob Lillywhite in Support re: #256 MOTION to Preclude Certain Portions of the Proposed Testimony of Dr. Eric Gaier.. Document filed by United States Of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Jude, Jennifer)
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Filing 283
DECLARATION of Monica P. Folch in Opposition re: #277 MOTION to Preclude the Expert Testimony of Stanley J. Schneller.. Document filed by United States Of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Jude, Jennifer)
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Filing 282
DECLARATION of Jeannette A. Vargas in Opposition re: #251 MOTION to Preclude the Expert Testimony of Graham T. McMahon.. Document filed by United States Of America. (Attachments: #1 Exhibit A)(Jude, Jennifer)
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Filing 281
DECLARATION of Jacob Lillywhite in Opposition re: #249 MOTION to Preclude the Expert Testimony of Daniel L. McFadden.. Document filed by United States Of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Jude, Jennifer)
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Filing 280
DECLARATION of Jennifer Jude in Opposition re: #247 MOTION to Preclude the Expert Testimony of Virginia B. Evans.. Document filed by United States Of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Jude, Jennifer)
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Filing 279
REPLY MEMORANDUM OF LAW in Support re: #277 MOTION to Preclude the Expert Testimony of Stanley J. Schneller. . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 278
MEMORANDUM OF LAW in Support re: #277 MOTION to Preclude the Expert Testimony of Stanley J. Schneller. . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 277
MOTION to Preclude the Expert Testimony of Stanley J. Schneller. Document filed by Novartis Pharmaceuticals Corporation.(Chesler, Evan)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Evan R Chesler to RE-FILE Document #253 MOTION to Preclude the Expert Testimony of Stanley L. Schneller. #276 Reply Memorandum of Law in Support of Motion, #254 Memorandum of Law in Support of Motion. ERROR(S): Name of Expert on PDF is inconsistent with Name of Expert on Docket Sheet. (db)
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Filing 276
FILING ERROR - DEFICIENT DOCKET ENTRY - REPLY MEMORANDUM OF LAW in Support re: #253 MOTION to Preclude the Expert Testimony of Stanley L. Schneller. . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan) Modified on 11/19/2018 (db).
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Filing 275
REPLY MEMORANDUM OF LAW in Support re: #251 MOTION to Preclude the Expert Testimony of Graham T. McMahon. . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 274
REPLY MEMORANDUM OF LAW in Support re: #249 MOTION to Preclude the Expert Testimony of Daniel L. McFadden. . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 273
REPLY MEMORANDUM OF LAW in Support re: #247 MOTION to Preclude the Expert Testimony of Virginia B. Evans. . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 272
LETTER addressed to Judge Paul G. Gardephe from Jennifer Jude dated 11/15/18 re: Daubert Hearing(s). Document filed by United States Of America.(Jude, Jennifer)
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Filing 271
REPLY MEMORANDUM OF LAW in Support re: #260 MOTION to Preclude Certain Portions of the Proposed Testimony of Dr. Matthew Mintz and Dr. Raymond R. Townsend. . Document filed by United States Of America. (Jude, Jennifer)
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Filing 270
REPLY MEMORANDUM OF LAW in Support re: #258 MOTION to Preclude the Proposed Testimony of Heidi A. Sorensen. . Document filed by United States Of America. (Jude, Jennifer)
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Filing 269
REPLY MEMORANDUM OF LAW in Support re: #256 MOTION to Preclude Certain Portions of the Proposed Testimony of Dr. Eric Gaier. . Document filed by United States Of America. (Jude, Jennifer)
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Filing 268
MEMORANDUM OF LAW in Opposition re: #260 MOTION to Preclude Certain Portions of the Proposed Testimony of Dr. Matthew Mintz and Dr. Raymond R. Townsend. . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 267
MEMORANDUM OF LAW in Opposition re: #258 MOTION to Preclude the Proposed Testimony of Heidi A. Sorensen. . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 266
MEMORANDUM OF LAW in Opposition re: #256 MOTION to Preclude Certain Portions of the Proposed Testimony of Dr. Eric Gaier. . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 265
MEMORANDUM OF LAW in Opposition re: #253 MOTION to Preclude the Expert Testimony of Stanley L. Schneller. . Document filed by United States Of America. (Jude, Jennifer)
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Filing 264
MEMORANDUM OF LAW in Opposition re: #251 MOTION to Preclude the Expert Testimony of Graham T. McMahon. . Document filed by United States Of America. (Jude, Jennifer)
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Filing 263
MEMORANDUM OF LAW in Opposition re: #249 MOTION to Preclude the Expert Testimony of Daniel L. McFadden. . Document filed by United States Of America. (Jude, Jennifer)
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Filing 262
MEMORANDUM OF LAW in Opposition re: #247 MOTION to Preclude the Expert Testimony of Virginia B. Evans. . Document filed by United States Of America. (Jude, Jennifer)
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Filing 261
MEMORANDUM OF LAW in Support re: #260 MOTION to Preclude Certain Portions of the Proposed Testimony of Dr. Matthew Mintz and Dr. Raymond R. Townsend. . Document filed by United States Of America. (Jude, Jennifer)
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Filing 260
MOTION to Preclude Certain Portions of the Proposed Testimony of Dr. Matthew Mintz and Dr. Raymond R. Townsend. Document filed by United States Of America.(Jude, Jennifer)
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Filing 259
MEMORANDUM OF LAW in Support re: #258 MOTION to Preclude the Proposed Testimony of Heidi A. Sorensen. . Document filed by United States Of America. (Jude, Jennifer)
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Filing 258
MOTION to Preclude the Proposed Testimony of Heidi A. Sorensen. Document filed by United States Of America.(Jude, Jennifer)
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Filing 257
MEMORANDUM OF LAW in Support re: #256 MOTION to Preclude Certain Portions of the Proposed Testimony of Dr. Eric Gaier. . Document filed by United States Of America. (Lillywhite, Jacob)
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Filing 256
MOTION to Preclude Certain Portions of the Proposed Testimony of Dr. Eric Gaier. Document filed by United States Of America.(Lillywhite, Jacob)
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Filing 255
LETTER MOTION for Oral Argument addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated November 15, 2018. Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 254
FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #253 MOTION to Preclude the Expert Testimony of Stanley L. Schneller. . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan) Modified on 11/19/2018 (db).
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Filing 253
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Preclude the Expert Testimony of Stanley L. Schneller. Document filed by Novartis Pharmaceuticals Corporation.(Chesler, Evan) Modified on 11/19/2018 (db).
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Filing 252
MEMORANDUM OF LAW in Support re: #251 MOTION to Preclude the Expert Testimony of Graham T. McMahon. . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 251
MOTION to Preclude the Expert Testimony of Graham T. McMahon. Document filed by Novartis Pharmaceuticals Corporation.(Chesler, Evan)
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Filing 250
MEMORANDUM OF LAW in Support re: #249 MOTION to Preclude the Expert Testimony of Daniel L. McFadden. . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 249
MOTION to Preclude the Expert Testimony of Daniel L. McFadden. Document filed by Novartis Pharmaceuticals Corporation.(Chesler, Evan)
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Filing 248
MEMORANDUM OF LAW in Support re: #247 MOTION to Preclude the Expert Testimony of Virginia B. Evans. . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 247
MOTION to Preclude the Expert Testimony of Virginia B. Evans. Document filed by Novartis Pharmaceuticals Corporation.(Chesler, Evan)
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Filing 246
MEMO ENDORSEMENT on re: #245 Letter filed by Novartis Pharmaceuticals Corporation. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 11/15/2018) (cf)
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Filing 245
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated November 13, 2018 re: proposed Daubert motion filing procedure. Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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***DELETED DOCUMENT. Deleted document number #245 MOTION to Dismiss. The document was incorrectly filed in this case. (ldi) Modified on 9/25/2018 (db). As per ecf_error email correspondence received on 9/24/2018 @ 11:50pm.
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Filing 244
ORDER granting #243 Motion to Withdraw as Attorney. Attorney Emily Catherine Finestone terminated. Having reviewed the Notice of Motion of Emily C. Finestone to Withdraw as Counsel of Record in the above-captioned action and the accompanying Declaration of Emily C. Finestone, the Motion to Withdraw is granted. (Signed by Judge Paul G. Gardephe on 9/22/2018) (jca)
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Filing 243
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Emily C. Finestone to Withdraw as Attorney . Document filed by Oswald Bilotta, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, The City Of New York,, The City of Chicago, United States Of America, Virginia, Wisconsin. (Attachments: #1 Declaration of Emily C. Finestone, #2 Text of Proposed Order)(Finestone, Emily) Modified on 9/27/2018 (db).
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Filing 242
ORDER: granting #240 Motion to Withdraw as Attorney. Having reviewed the Notice of Motion of Manisha M. Sheth to Withdraw as Counsel of Record in the above-captioned action and the accompanying Declaration of Manisha M. Sheth, the Motion to Withdraw is granted. Attorney Manisha M. Sheth terminated. (Signed by Judge Paul G. Gardephe on 9/14/2018) (ama)
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Filing 241
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Novartis Pharmaceuticals Corp., Novartis Pharmaceuticals Corporation, Novartis Pharmaceuticals Corporation. (Sheth, Manisha)
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Filing 240
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Manisha M. Sheth to Withdraw as Attorney . Document filed by Novartis Pharmaceuticals Corp., Novartis Pharmaceuticals Corporation, Novartis Pharmaceuticals Corporation. (Attachments: #1 Affidavit Declaration of Manisha M Sheth)(Sheth, Manisha) Modified on 9/25/2018 (db).
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Filing 239
LETTER addressed to Judge Paul G. Gardephe from Manisha M. Sheth dated 09/13/2018 re: Leave to Withdraw as Counsel. Document filed by Novartis Pharmaceuticals Corp., Novartis Pharmaceuticals Corporation, Novartis Pharmaceuticals Corporation.(Sheth, Manisha)
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Filing 238
DECLARATION of Benjamin Gruenstein in Support re: #225 MOTION for Summary Judgment ("Notice of Motion of Novartis Pharmaceuticals Corporation for Summary Judgement").. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37 Part 1, #38 Exhibit 37 Part 2, #39 Exhibit 38 Part 1, #40 Exhibit 38 Part 2, #41 Exhibit 39 Part 1, #42 Exhibit 39 Part 2, #43 Exhibit 39 Part 3, #44 Exhibit 40 Part 1, #45 Exhibit 40 Part 2, #46 Exhibit 41 Part 1, #47 Exhibit 41 Part 2, #48 Exhibit 41 Part 3, #49 Exhibit 41 Part 4, #50 Exhibit 41 Part 5, #51 Exhibit 41 Part 6, #52 Exhibit 42 Part 1, #53 Exhibit 42 Part 2, #54 Exhibit 43, #55 Exhibit 44 Part 1, #56 Exhibit 44 Part 2, #57 Exhibit 45 Part 1, #58 Exhibit 45 Part 2, #59 Exhibit 46 Part 1, #60 Exhibit 46 Part 2, #61 Exhibit 46 Part 3, #62 Exhibit 46 Part 4, #63 Exhibit 46 Part 5, #64 Exhibit 46 Part 6, #65 Exhibit 47, #66 Exhibit 48 Part 1, #67 Exhibit 48 Part 2, #68 Exhibit 49, #69 Exhibit 50, #70 Exhibit 51 Part 1, #71 Exhibit 51 Part 2, #72 Exhibit 51 Part 3, #73 Exhibit 51 Part 4, #74 Exhibit 51 Part 5, #75 Exhibit 51 Part 6, #76 Exhibit 51 Part 7, #77 Exhibit 52, #78 Exhibit 53, #79 Exhibit 54, #80 Exhibit 55, #81 Exhibit 56, #82 Exhibit 57 Part 1, #83 Exhibit 57 Part 2, #84 Exhibit 58 Part 1, #85 Exhibit 58 Part 2, #86 Exhibit 58 Part 3, #87 Exhibit 58 Part 4, #88 Exhibit 59, #89 Exhibit 60 Part 1, #90 Exhibit 60 Part 2, #91 Exhibit 61, #92 Exhibit 62 Part 1, #93 Exhibit 62 Part 2, #94 Exhibit 63, #95 Exhibit 64, #96 Exhibit 65 Part 1, #97 Exhibit 65 Part 2, #98 Exhibit 65 Part 3, #99 Exhibit 65 Part 4, #100 Exhibit 66, #101 Exhibit 67 Part 1, #102 Exhibit 67 Part 2, #103 Exhibit 67 Part 3, #104 Exhibit 68, #105 Exhibit 69, #106 Exhibit 70, #107 Exhibit 71 Part 1, #108 Exhibit 71 Part 2, #109 Exhibit 71 Part 3, #110 Exhibit 71 Part 4, #111 Exhibit 71 Part 5, #112 Exhibit 71 Part 6, #113 Exhibit 72 Part 1, #114 Exhibit 72 Part 2, #115 Exhibit 72 Part 3, #116 Exhibit 72 Part 4, #117 Exhibit 73, #118 Exhibit 74, #119 Exhibit 75, #120 Exhibit 76, #121 Exhibit 77)(Chesler, Evan)
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Filing 237
DECLARATION of Christopher Harwood in Opposition re: #225 MOTION for Summary Judgment ("Notice of Motion of Novartis Pharmaceuticals Corporation for Summary Judgement").. Document filed by United States Of America. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66 Part 1, #67 Exhibit 66 Part 2, #68 Exhibit 66 Part 3, #69 Exhibit 66 Part 4, #70 Exhibit 66 Part 5, #71 Exhibit 67, #72 Exhibit 68, #73 Exhibit 69, #74 Exhibit 71, #75 Exhibit 72, #76 Exhibit 73, #77 Exhibit 74, #78 Exhibit 75, #79 Exhibit 76, #80 Exhibit 77, #81 Exhibit 78, #82 Exhibit 79, #83 Exhibit 80, #84 Exhibit 82, #85 Exhibit 83, #86 Exhibit 84, #87 Exhibit 85, #88 Exhibit 86, #89 Exhibit 87, #90 Exhibit 88, #91 Exhibit 89, #92 Exhibit 90, #93 Exhibit 91, #94 Exhibit 92, #95 Exhibit 93, #96 Exhibit 94, #97 Exhibit 95, #98 Exhibit 96, #99 Exhibit 97, #100 Exhibit 98, #101 Exhibit 99, #102 Exhibit 100, #103 Exhibit 101, #104 Exhibit 102, #105 Exhibit 103, #106 Exhibit 104, #107 Exhibit 105, #108 Exhibit 106, #109 Exhibit 108, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 113, #113 Exhibit 114, #114 Exhibit 115, #115 Exhibit 116, #116 Exhibit 117, #117 Exhibit 118, #118 Exhibit 119, #119 Exhibit 122, #120 Exhibit 123, #121 Exhibit 124, #122 Exhibit 125, #123 Exhibit 126, #124 Exhibit 127, #125 Exhibit 128, #126 Exhibit 129, #127 Exhibit 130, #128 Exhibit 131, #129 Exhibit 132, #130 Exhibit 134, #131 Exhibit 135, #132 Exhibit 136, #133 Exhibit 137, #134 Exhibit 138, #135 Exhibit 139, #136 Exhibit 140, #137 Exhibit 141, #138 Exhibit 142, #139 Exhibit 143, #140 Exhibit 145, #141 Exhibit 146, #142 Exhibit 147, #143 Exhibit 148, #144 Exhibit 149, #145 Exhibit 150, #146 Exhibit 152, #147 Exhibit 153, #148 Exhibit 154, #149 Exhibit 155, #150 Exhibit 157, #151 Exhibit 158, #152 Exhibit 159, #153 Exhibit 160, #154 Exhibit 161, #155 Exhibit 162, #156 Exhibit 163, #157 Exhibit 165, #158 Exhibit 166, #159 Exhibit 169, #160 Exhibit 170, #161 Exhibit 175, #162 Exhibit 177, #163 Exhibit 178, #164 Exhibit 180, #165 Exhibit 181, #166 Exhibit 182, #167 Exhibit 183, #168 Exhibit 184, #169 Exhibit 185, #170 Exhibit 186, #171 Exhibit 187, #172 Exhibit 188, #173 Exhibit 189, #174 Exhibit 190, #175 Exhibit 191, #176 Exhibit 192, #177 Exhibit 193, #178 Exhibit 194, #179 Exhibit 195, #180 Exhibit 196, #181 Exhibit 198, #182 Exhibit 199, #183 Exhibit 200, #184 Exhibit 201, #185 Exhibit 202, #186 Exhibit 203, #187 Exhibit 205, #188 Exhibit 207, #189 Exhibit 208, #190 Exhibit 211, #191 Exhibit 213, #192 Exhibit 217, #193 Exhibit 218, #194 Exhibit 221, #195 Exhibit 222, #196 Exhibit 223 Part 1, #197 Exhibit 223 Part 2, #198 Exhibit 223 Part 3, #199 Exhibit 223 Part 4, #200 Exhibit 223 Part 5, #201 Exhibit 223 Part 6, #202 Exhibit 223 Part 7, #203 Exhibit 224, #204 Exhibit 226, #205 Exhibit 227, #206 Exhibit 228, #207 Exhibit 229, #208 Exhibit 232 Part 1, #209 Exhibit 232 Part 2, #210 Exhibit 233, #211 Exhibit 234, #212 Exhibit 235, #213 Exhibit 236 Part 1, #214 Exhibit 236 Part 2, #215 Exhibit 237, #216 Exhibit 238, #217 Exhibit 239, #218 Exhibit 240 Part 1, #219 Exhibit 240 Part 2, #220 Exhibit 241, #221 Exhibit 242, #222 Exhibit 243, #223 Exhibit 244, #224 Exhibit 245, #225 Exhibit 246, #226 Exhibit 247, #227 Exhibit 248, #228 Exhibit 249, #229 Exhibit 258, #230 Exhibit 259, #231 Exhibit 260, #232 Exhibit 261, #233 Exhibit 262, #234 Exhibit 263 Part 1, #235 Exhibit 263 Part 2, #236 Exhibit 264 Part 1, #237 Exhibit 264 Part 2, #238 Exhibit 265, #239 Exhibit 266, #240 Exhibit 267 Part 1, #241 Exhibit 267 Part 2, #242 Exhibit 267 Part 3, #243 Exhibit 267 Part 4, #244 Exhibit 267 Part 5, #245 Exhibit 267 Part 6, #246 Exhibit 268, #247 Exhibit 269 Part 1, #248 Exhibit 269 Part 2, #249 Exhibit 270, #250 Exhibit 271, #251 Exhibit 272, #252 Exhibit 273, #253 Exhibit 274, #254 Exhibit 275, #255 Exhibit 276, #256 Exhibit 277, #257 Exhibit 278, #258 Exhibit 279, #259 Exhibit 280, #260 Exhibit 281, #261 Exhibit 282)(Jude, Jennifer)
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Filing 236
RESPONSE re: #232 Counter Statement to Rule 56.1 ("Novartis Pharmaceuticals Corporation's Response to the United States of America's Counterstatement of Additional Facts Pursuant to Local Civil Rule 56.1"). Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 235
DECLARATION of Richard E. Goldberg (Revised) in Opposition re: #225 MOTION for Summary Judgment ("Notice of Motion of Novartis Pharmaceuticals Corporation for Summary Judgement").. Document filed by United States Of America. (Jude, Jennifer)
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Filing 234
DECLARATION of Richard E. Goldberg in Opposition re: #225 MOTION for Summary Judgment ("Notice of Motion of Novartis Pharmaceuticals Corporation for Summary Judgement").. Document filed by United States Of America. (Jude, Jennifer)
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Filing 233
DECLARATION of Daniel L. McFadden in Opposition re: #225 MOTION for Summary Judgment ("Notice of Motion of Novartis Pharmaceuticals Corporation for Summary Judgement").. Document filed by United States Of America. (Jude, Jennifer)
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Filing 232
COUNTER STATEMENT TO #231 Rule 56.1 Statement,. Document filed by United States Of America. (Attachments: #1 Appendix)(Jude, Jennifer)
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Filing 231
RULE 56.1 STATEMENT. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Appendix to the Statement of Facts Pursuant to Local Civil Rule 56.1 in Support of Defendant Novartis Pharmaceuticals Corporation's Motion for Summary Judgment)(Chesler, Evan)
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Filing 230
MEMORANDUM OF LAW in Opposition re: #225 MOTION for Summary Judgment ("Notice of Motion of Novartis Pharmaceuticals Corporation for Summary Judgement"). and in Support the United States' Motion for Partial Summary Judgment. Document filed by United States Of America. (Folch, Monica)
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Filing 229
LETTER addressed to Judge Paul G. Gardephe from Damaris Hernandez dated August 29, 2018 re: Request for Oral Argument on Defendant Novartis Pharmaceuticals Corporation's Motion for Summary Judgment. Document filed by Novartis Pharmaceuticals Corporation.(Hernandez, Damaris)
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Filing 228
MOTION for Partial Summary Judgment . Document filed by United States Of America.(Folch, Monica)
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Filing 227
REPLY MEMORANDUM OF LAW in Support re: #225 MOTION for Summary Judgment ("Notice of Motion of Novartis Pharmaceuticals Corporation for Summary Judgement"). (Reply Memorandum of Law in Further Support of Defendant Novartis Pharmaceuticals Corporation's Motion for Summary Judgment"). Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 226
MEMORANDUM OF LAW in Support re: #225 MOTION for Summary Judgment ("Notice of Motion of Novartis Pharmaceuticals Corporation for Summary Judgement"). ("Memorandum of Law in Support of Defendant Novartis Pharmaceuticals Corporation's Motion for Summary Judgment"). Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 225
MOTION for Summary Judgment ("Notice of Motion of Novartis Pharmaceuticals Corporation for Summary Judgement"). Document filed by Novartis Pharmaceuticals Corporation.(Chesler, Evan)
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Filing 224
NOTICE of Withdrawal of Appearance of Emily C. Finestone. Document filed by ABC, Oswald Bilotta, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, Texas, The City Of New York,, The City of Chicago, United States Of America, Virginia, Washington, Wisconsin. (Finestone, Emily)
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Filing 223
NOTICE OF CHANGE OF ADDRESS by Emily Catherine Finestone on behalf of California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, The City of Chicago, The State of New York, Virginia, Washington, Wisconsin. New Address: Shepherd, Finkelman, Miller & Shah, LLP, 52 Duane St., 7th Floor, New York, NY, United States 10007, 2124190156. (Finestone, Emily)
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Filing 222
NOTICE OF CHANGE OF ADDRESS by Kathryn Michelle Heim Harris on behalf of New York. New Address: New York State Office of the Attorney General, 28 Liberty Street, New York, New York, United States of America 10005, (212) 417-4403. (Heim Harris, Kathryn)
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Filing 221
NOTICE OF CHANGE OF ADDRESS by Andrew Jerome Gropper on behalf of New York. New Address: New York State Office of the Attorney General, 28 Liberty Street, Medicaid Fraud Control Unit, New York, NY, USA 10005, 212-417-5395. (Gropper, Andrew)
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Filing 220
ORDER granting #219 Letter Motion for Leave to File Excess Pages. The Application is granted. (Signed by Judge Paul G. Gardephe on 4/25/2018) (cf)
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Filing 219
LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul G. Gardephe from Damaris Hernandez dated April 25, 2018. Document filed by Novartis Pharmaceuticals Corporation.(Hernandez, Damaris)
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Filing 218
ORDER: It is hereby ORDERED that the conference in this action previously scheduled for April 19, 2018 is adjourned sine die. (Signed by Judge Paul G. Gardephe on 4/2/2018) (cf)
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Filing 217
ORDER terminating #194 Letter Motion for Conference; terminating #214 Letter Motion for Conference. Trial is scheduled for May 20, 2019, at 9:00 a.m. in Courtroom 705 of the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, New York. The joint pre-trial order, motions in limine, requested voir dire, and requests to charge are due on March 4, 2019. Responsive papers, if any, are due on March 18, 2019. The Clerk of Court is directed to terminate the motions (Dkt. Nos. 194, 214). (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 3/29/2018) (cf)
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Filing 216
LETTER addressed to Judge Paul G. Gardephe from Damaris Hernandez dated March 29, 2018 re: summary judgment briefing schedule. Document filed by Novartis Pharmaceuticals Corporation.(Hernandez, Damaris)
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Set/Reset Deadlines: (Motions due by 3/4/2019., Responses due by 3/18/2019, Replies due by 11/15/2018.), Set/Reset Hearings: (Jury Trial set for 5/20/2019 at 09:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (cf)
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Filing 215
LETTER addressed to Judge Paul G. Gardephe from Jeannette A. Vargas dated 3/19/2018 re: Defendant's Letter Requesting a Pre-motion Conference. Document filed by United States Of America.(Vargas, Jeannette)
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Filing 214
LETTER MOTION for Conference re: Novartis Pharmaceuticals Corp.'s Anticipated Motion for Summary Judgment addressed to Judge Paul G. Gardephe from Evan R. Chesler dated March 14, 2018. Document filed by Novartis Pharmaceuticals Corporation.(Chesler, Evan)
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Filing 213
MEMO ENDORSEMENT on re: #212 Letter requesting that the conference scheduled for April 12, 2018 be adjourned, filed by Novartis Pharmaceuticals Corporation. ENDORSEMENT: The application is granted. The conference is adjourned to April 19, 2018 at 10:00 a.m. So Ordered., (Status Conference set for 4/19/2018 at 10:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 2/2/18) (yv)
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Filing 212
LETTER addressed to Judge Paul G. Gardephe from Evan R. Chesler dated January 31, 2018 re: unavailability of date for status conference. Document filed by Novartis Pharmaceuticals Corporation.(Chesler, Evan)
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Filing 211
ORDER granting #210 Letter Motion for Leave to File Document. The application is granted. The court will conduct a conference in this matter on April 12, 2018 at 10:15 a.m. So Ordered. (Signed by Judge Paul G. Gardephe on 1/29/18) (yv)
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Set/Reset Hearings: Status Conference set for 4/12/2018 at 10:15 AM before Judge Paul G. Gardephe. (yv)
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Filing 210
LETTER MOTION for Leave to File Rebuttal Expert Reports and to Adjust the Remaining Expert Deadlines Accordingly addressed to Judge Paul G. Gardephe from Christopher B. Harwood dated 12/18/17. Document filed by United States of America.(Harwood, Christopher)
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Filing 209
LETTER addressed to Judge Paul G. Gardephe from Monica Folch dated December 5, 2017 re: Attorneys' Eyes Only Production. Document filed by United States Of America.(Folch, Monica)
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Filing 208
ORDER granting #207 Letter Motion for Extension of Time. The Application is granted. SO ORDERED. Deposition due by 1/30/2018. (Signed by Judge Paul G. Gardephe on 11/9/2017) (rj)
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Filing 207
LETTER MOTION for Extension of Time for NPC's expert reports and for expert depositions addressed to Judge Paul G. Gardephe from Damaris Hernandez dated November 9, 2017. Document filed by Novartis Pharmaceuticals Corporation.(Hernandez, Damaris)
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Filing 206
LETTER MOTION for Extension of Time for the Government to serve a supplemental expert report and for remaining expert deadlines addressed to Judge Paul G. Gardephe from Christopher B. Harwood dated 10/19/17. Document filed by United States Of America.(Harwood, Christopher)
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Filing 205
ORDER granting #204 Letter Motion for Extension of Time. The application is granted. So Ordered. (Signed by Judge Paul G. Gardephe on 7/19/17) (yv)
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Filing 204
LETTER MOTION for Extension of Time to submit the Government's expert reports addressed to Judge Paul G. Gardephe from Monica Folch dated July 18, 2017. Document filed by United States Of America.(Folch, Monica)
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Filing 203
NOTICE OF CHANGE OF ADDRESS by Emily Catherine Finestone on behalf of Oswald Bilotta, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, The City of Chicago, United States Of America, Virginia, Washington, Wisconsin. New Address: Shepherd, Finkelman, Miller & Shah, LLP, 99 Hudson Street, 5th Floor, New York, New York, USA 10013, (212) 419-0156. (Finestone, Emily)
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Filing 202
REVISED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Parties seeking to make post-discovery dispositive motions should submit a letter to the Court in accordance with Rule 4(A) of the Court's Individual Practices by December 1, 2017. Best estimate of the length of trial is: one month. The next pretrial conference is scheduled for December 7, 2017. Deposition due by 10/28/2016. Fact Discovery due by 10/28/2016. Expert Discovery due by 12/1/2017. (Signed by Judge Paul G. Gardephe on 5/9/2017) (ap) Modified on 5/9/2017 (ap).
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Filing 201
JOINT LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated May 5, 2017 re: Status of Additional Materials Novartis Pharmaceuticals Corporation Is Required to Produce Pursuant to the March 28, 2017 Order And To Propose A Revised Case Management Order. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 [Revised] Civil Case Management Plan and Scheduling Order)(Skaistis, Rachel)
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Filing 200
MEMO ENDORSEMENT: on re: #199 Letter, filed by Novartis Pharmaceuticals Corporation. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/13/2017) (ap)
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Filing 199
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated April 11, 2017 re: Status of Additional Materials Novartis Pharmaceuticals Corporation Is Required To Produce (See Dkt. No. 198). Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 198
ORDER granting in part and denying in part #150 Motion to Compel. The Government's motion to compel is granted in part and denied in part as set forth above. The parties are directed to confer as to the production of additional material required by this Order, and to update the Court by letter within two weeks' time as to the status of discovery. The Clerk of the Court is directed to terminate the motion (Dkt. No. 150). (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 3/28/2017) (cf)
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Filing 197
LETTER addressed to Judge Paul G. Gardephe from Jeannette Vargas dated 3/22/17 re: the Government's response to Defendant's Letter Requesting a Premotion Conference. Document filed by United States Of America.(Vargas, Jeannette)
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Filing 196
ORDER granting #195 Letter Motion for Extension of Time to File Response/Reply re #194 LETTER MOTION for Conference re: Novartis Pharmaceuticals Corporation's Anticipated Motion for Partial Summary Judgment addressed to Judge Paul G. Gardephe from Evan R. Chesler dated March 14, 2017. The Application is granted. Responses due by 3/22/2017. (Signed by Judge Paul G. Gardephe on 3/21/2017) (mro)
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Filing 195
LETTER MOTION for Extension of Time to File Response/Reply as to #194 LETTER MOTION for Conference re: Novartis Pharmaceuticals Corporation's Anticipated Motion for Partial Summary Judgment addressed to Judge Paul G. Gardephe from Evan R. Chesler dated March 14, 2017. Letter Motion for Extension of Time to File Response addressed to Judge Paul G. Gardephe from Jeannette A. Vargas dated March 16, 2017. Document filed by United States of America.(Vargas, Jeannette)
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Filing 194
LETTER MOTION for Conference re: Novartis Pharmaceuticals Corporation's Anticipated Motion for Partial Summary Judgment addressed to Judge Paul G. Gardephe from Evan R. Chesler dated March 14, 2017. Document filed by Novartis Pharmaceuticals Corporation.(Chesler, Evan)
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Filing 193
ORDER granting #191 Letter Motion for Extension of Time to Complete Discovery. Expert discovery extended by May 31, 2017. (Signed by Judge Paul G. Gardephe on 2/28/2017) (cf)
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Set/Reset Deadlines: Expert Discovery due by 5/31/2017. (cf)
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Filing 192
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated February 15, 2017 re: the Government's letter (ECF No. 191). Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 191
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul G. Gardephe from Christopher Harwood dated 2/15/2017. Document filed by United States Of America. (Attachments: #1 Text of Proposed Order (Proposed Revised Scheduling Order))(Lillywhite, Jacob)
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Filing 190
LETTER addressed to Judge Paul G. Gardephe from Christopher Harwood dated 1/6/17 re: NDA issue. Document filed by United States Of America.(Jude, Jennifer)
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Filing 189
ORDER granting #186 Letter Motion for Leave to File Document. Briefing will proceed in accordance with the proposed schedule. (Signed by Judge Paul G. Gardephe on 12/12/2016) (cf)
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Set/Reset Deadlines: Motions due by 1/6/2017. Responses due by 1/20/2017 Replies due by 1/27/2017. (cf)
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Filing 188
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/6/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 187
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/6/2016 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. 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. Redaction Request due 1/3/2017. Redacted Transcript Deadline set for 1/12/2017. Release of Transcript Restriction set for 3/13/2017.(McGuirk, Kelly)
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Filing 186
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Briefing on Non-disclosure Agreements Requested by the Court addressed to Judge Paul G. Gardephe from Jennifer Jude dated 12/9/16. Document filed by United States Of America.(Jude, Jennifer) Modified on 1/4/2017 (ldi).
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Minute Entry for proceedings held before Judge Paul G. Gardephe: Interim Pretrial Conference held on 12/6/2016. (Court Reporter Eve Giniger) (mr)
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Filing 185
[REVISED] CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #184 Letter Motion for Extension of Time to Complete Discovery. All parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. The parties must complete expert discovery no later than June 1, 2017. Counsel for the parties have conferred and their present best estimate of the length of trial is: one month. The next pretrial conference is scheduled for Dec 6, 2016 at 11:30 A.M. (As further set forth in this Order) (Signed by Judge Paul G. Gardephe on 12/2/2016) (kl)
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Set/Reset Deadlines: ( Expert Discovery due by 6/1/2017.), Set/Reset Hearings:( Pretrial Conference set for 12/6/2016 at 11:30 AM before Judge Paul G. Gardephe.) (kl)
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Filing 184
CONSENT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul G. Gardephe from Christopher Harwood dated 12/1/2016. Document filed by United States of America. (Attachments: #1 Text of Proposed Order Proposed Revised Scheduling Order)(Lillywhite, Jacob)
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Filing 183
ORDER granting #182 Letter Motion to Adjourn Conference. The Application is granted. The conference is adjourned to Dec. 6, 2016 at 11:30 A.M. Pretrial Conference set for 12/6/2016 at 11:30 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 11/23/2016) (cf)
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Filing 182
LETTER MOTION to Adjourn Conference Currently Scheduled for 12/2/16 and Reschedule it for 12/6/16 addressed to Judge Paul G. Gardephe from Christopher B. Harwood dated November 22, 2016. Document filed by United States of America.(Harwood, Christopher)
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Filing 181
ORDER: It is hereby ORDERED that the conference in this action previously scheduled for November 18, 2016 is adjourned to December 2, 2016 at 10:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Pretrial Conference set for 12/2/2016 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 11/17/2016) (cf)
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Filing 180
MEMO ENDORSEMENT granting #177 Letter Motion for Extension of Time. The application is granted. The conference is adjourned to Nov. 18, 2016 at 3:30 p.m. (Signed by Judge Paul G. Gardephe on 11/4/2016) (mt) Modified on 12/7/2016 (mt).
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Set/Reset Hearings: Pretrial Conference set for 11/18/2016 at 03:30 PM before Judge Paul G. Gardephe. (mt)
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Filing 179
ORDER FOR ADMISSION PRO HAC VICE granting #178 Motion for Scott K. Johnson to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 11/4/2016) (cf)
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Filing 178
MOTION for Scott K. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12931840. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oswald Bilotta, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, The City of Chicago, Virginia, Washington, Wisconsin. (Attachments: #1 Exhibit 1 (Certificates of Good Standing), #2 Text of Proposed Order 2 (Proposed Order))(Rubinow, Laurie)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #178 MOTION for Scott K. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12931840. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 177
LETTER MOTION for Extension of Time to Complete Noticed Fact Depositions addressed to Judge Paul G. Gardephe from Christopher Harwood dated 10/28/16. Document filed by United States Of America.(Jude, Jennifer)
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Filing 176
ORDER: It is hereby ORDERED that the conference in this action previously scheduled for October 28, 2016 is adjourned to November 10, 2016 at 2:00 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Pretrial Conference set for 11/10/2016 at 02:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 10/27/2016) (kl)
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Filing 175
JOINT LETTER addressed to Judge Paul G. Gardephe from Christopher Harwood dated October 26, 2016 re: Status Update in Advance of October 28 Conference. Document filed by United States Of America.(Harwood, Christopher)
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Filing 174
ORDER FOR ADMISSION PRO HAC VICE granting #173 Motion for Natalie Finkelman Bennett to Appear Pro Hac Vice. (As further set forth in this Order) (Signed by Judge Paul G. Gardephe on 10/4/2016) (kl)
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Filing 173
MOTION for Natalie Finkelman Bennett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12828621. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oswald Bilotta, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, The City of Chicago, Virginia, Washington, Wisconsin. (Attachments: #1 Exhibit A - Certificates of Good Standing, #2 Text of Proposed Order)(Bennett, Natalie)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #173 MOTION for Natalie Finkelman Bennett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12828621. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 172
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul G. Gardephe from Christopher Harwood dated 9/21/16. Document filed by United States Of America. (Attachments: #1 Text of Proposed Order)(Harwood, Christopher)
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Filing 171
ORDER FOR ADMISSION PRO HAC VICE granting #170 Motion for James C. Shah to Appear Pro Hac Vice. (As further set forth in this Order) (Signed by Judge Paul G. Gardephe on 9/9/2016) (kl)
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Filing 170
MOTION for James C. Shah to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12729443. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oswald Bilotta, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, The City of Chicago, Virginia, Washington, Wisconsin. (Attachments: #1 Exhibit 1 (Certificates of Good Standing), #2 Text of Proposed Order (Text of Proposed Order))(Rubinow, Laurie)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #170 MOTION for James C. Shah to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12729443. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 169
ORDER FOR ADMISSION PRO HAC VICE granting #167 Motion for Bruce D. Parke to Appear Pro Hac Vice. (As further set forth in this Order) (Signed by Judge Paul G. Gardephe on 9/6/2016) (kl)
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Filing 168
NOTICE OF APPEARANCE by Emily Catherine Finestone on behalf of Oswald Bilotta, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, The City of Chicago, Virginia, Washington, Wisconsin. (Finestone, Emily)
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Filing 167
MOTION for Bruce D. Parke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12718833. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oswald Bilotta, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, The City of Chicago, Virginia, Washington, Wisconsin. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order Proposed Order)(Rubinow, Laurie)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #167 MOTION for Bruce D. Parke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12718833. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 166
[REVISED] CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER granting #165 Letter Motion for Extension of Time to Complete Discovery. All parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. No additional parties may be joined except with leave of the Court. The parties must complete fact discovery no later than October 28, 2016. Complete depositions of fact witnesses by October 28, 2016. The parties must complete expert discovery no later than 125 days following the completion of fact discovery. Parties seeking to make post-discovery dispositive motions should submit a letter to the Court in accordance with Rule 4(A) of the Court's Individual Practices by March 16, 2017. Opposition letters are due March 23, 2017. Counsel for the parties have conferred and their present best estimate of the length of trial is: one month. The next pretrial conference is scheduled for October 28, 2016 at 10:00 A.M. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/13/2016) (kl) Modified on 6/13/2016 (kl).
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Set/Reset Deadlines: ( Deposition due by 10/28/2016., Fact Discovery due by 10/28/2016.), Set/Reset Hearings:( Pretrial Conference set for 10/28/2016 at 10:00 AM before Judge Paul G. Gardephe.) (kl)
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Filing 165
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul G. Gardephe from Christopher Harwood dated 06/10/2016. Document filed by United States Of America. (Attachments: #1 Text of Proposed Order)(Vargas, Jeannette)
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Filing 164
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/7/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 163
TRANSCRIPT of Proceedings re: conference held on 4/7/2016 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. 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. Redaction Request due 5/27/2016. Redacted Transcript Deadline set for 6/6/2016. Release of Transcript Restriction set for 8/4/2016.(McGuirk, Kelly)
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Filing 162
NOTICE of Withdrawal of Manisha M. Sheth as counsel of record for defendant. Document filed by Novartis Pharmaceuticals Corp., Novartis Pharmaceuticals Corporation. (Sheth, Manisha)
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Filing 161
REPLY MEMORANDUM OF LAW in Support re: #150 MOTION to Compel . . Document filed by United States Of America. (Vargas, Jeannette)
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Filing 160
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 04/07/2016 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Grant, Patricia)
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Filing 159
TRANSCRIPT of Proceedings re: Conference held on 4/7/2016 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Sonya Ketter Huggins, (212) 805-0300. 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. Redaction Request due 5/23/2016. Redacted Transcript Deadline set for 6/3/2016. Release of Transcript Restriction set for 8/1/2016.(Grant, Patricia)
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Filing 158
DECLARATION of Lauren Roberta Kennedy in Support re: #155 Memorandum of Law in Opposition to Motion. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Chesler, Evan)
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Filing 157
DECLARATION of Timothy G. Cameron in Support re: #155 Memorandum of Law in Opposition to Motion. Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 156
DECLARATION of Manvin S. Mayell in Support re: #155 Memorandum of Law in Opposition to Motion. Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 155
MEMORANDUM OF LAW in Opposition re: #150 MOTION to Compel . . Document filed by Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 154
DECLARATION of Monica P. Folch in Support re: #150 MOTION to Compel .. Document filed by United States Of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Jude, Jennifer)
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Filing 153
LETTER addressed to Judge Paul G. Gardephe from Jennifer Jude dated 4/18/16 re: Corrected Declaration. Document filed by United States Of America. (Attachments: #1 Correct Exhibit E)(Jude, Jennifer)
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Filing 152
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #154 Declaration) - DECLARATION of Monica P. Folch in Support re: #150 MOTION to Compel .. Document filed by United States Of America. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit j)(Folch, Monica) Modified on 4/18/2016 (db).
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Filing 151
MEMORANDUM OF LAW in Support re: #150 MOTION to Compel . . Document filed by United States Of America. (Folch, Monica)
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Filing 150
MOTION to Compel . Document filed by United States Of America.(Folch, Monica)
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Filing 149
ORDER granting #148 Letter Motion for Extension of Time. The Application is granted. SO ORDERED. Brief due by 4/15/2016. (Signed by Judge Paul G. Gardephe on 4/15/2016) (kl)
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Set/Reset Deadlines: Responses due by 4/22/2016 Replies due by 4/29/2016. (kl)
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Filing 148
LETTER MOTION for Extension of Time for Government's Submission Regarding Discovery Dispute addressed to Judge Paul G. Gardephe from Jeannette Vargas dated April 14, 2016. Document filed by United States Of America.(Vargas, Jeannette)
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Filing 147
NOTICE OF APPEARANCE by Lauren Kristen Roberta Kennedy on behalf of Novartis Pharmaceuticals Corporation. (Kennedy, Lauren)
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Filing 146
NOTICE OF APPEARANCE by Damaris Hernandez on behalf of Novartis Pharmaceuticals Corporation. (Hernandez, Damaris)
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Filing 145
ORDER: It is hereby ORDERED that the following schedule will apply to the discovery dispute discussed at the April 7, 2016 conference: 1. Government's submission is due on April 14, 2016; 2. Defendant's response is due on April 21, 2016; and 3. Government's reply, if any, is due on April 28, 2016. SO ORDERED. (Brief due by 4/14/2016., Responses due by 4/21/2016, Replies due by 4/28/2016.) (Signed by Judge Paul G. Gardephe on 4/8/2016) (kl)
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Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference held on 4/7/2016. (Court Reporter Pamela Utter) (mr)
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Filing 144
LETTER addressed to Judge Paul G. Gardephe from Evan R. Chesler dated April 6, 2016 re: joint status letter in advance of April 7, 2016 pretrial conference. Document filed by Novartis Pharmaceuticals Corporation.(Chesler, Evan)
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Filing 143
NOTICE OF APPEARANCE by Kathryn Michelle Heim Harris on behalf of New York. (Heim Harris, Kathryn)
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Filing 142
LETTER addressed to Judge Paul G. Gardephe from Jeannette A. Vargas dated 3/25/2016 re: Response to Defendant's Pre-Motion Letter Seeking a Protective Order. Document filed by United States Of America. (Attachments: #1 Exhibit A, #2 Exhibit B)(Vargas, Jeannette)
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Filing 141
LETTER addressed to Judge Paul G. Gardephe from Evan R. Chesler dated March 22, 2016 re: requesting a pre-motion conference in connection with NPC's anticipated motion for a protective order. Document filed by Novartis Pharmaceuticals Corporation.(Chesler, Evan)
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Filing 140
NOTICE OF CHANGE OF ADDRESS by Nathan C. Zipperian on behalf of All Plaintiffs. New Address: Shepherd, Finkelman, Miller & Shah, LLP, 1625 North Commerce Parkway, Suite 320, Fort Lauderdale, FL, 33326, 9545150123. (Zipperian, Nathan)
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Filing 139
ORDER FOR ADMISSION PRO HAC VICE granting #122 Motion for Nathan C. Zipperian to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 1/13/2016) (cf)
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Filing 138
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 11/12/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine)
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Filing 137
TRANSCRIPT of Proceedings re: Conference held on 11/12/2015 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. 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. Redaction Request due 1/4/2016. Redacted Transcript Deadline set for 1/14/2016. Release of Transcript Restriction set for 3/13/2016.(Siwik, Christine)
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Filing 136
NOTICE of of Withdrawal of Karen Leser-Grenon as Counsel of Record for Plaintiffs. Document filed by Oswald Bilotta, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, Texas, The City Of New York,, The City of Chicago, United States Of America, Virginia, Washington, Wisconsin. (Miller, James)
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Filing 135
ORDER: It is hereby ORDERED that the deadline for completion of fact discovery is extended to July 29, 2016. It is further ORDERED that there will be a conference in this matter on April 7, 2016 at 10:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Fact Discovery due by 7/29/2016.) (Status Conference set for 4/7/2016 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 11/16/2015) (kko)
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Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference held on 11/12/2015, ( Status Conference set for 4/7/2016 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.). (Court Reporter Linda Fisher) (mr)
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Filing 134
LETTER addressed to Judge Paul G. Gardephe from Christopher B. Harwood dated 11/10/15 re: Joint Letter Regarding Status of Discovery. Document filed by United States Of America. (Attachments: #1 Exhibit Proposed Revised Case Management Plan and Scheduling Order)(Harwood, Christopher)
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Filing 133
REVISED STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul G. Gardephe on 10/23/2015) (lmb)
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Filing 132
LETTER addressed to Judge Paul G. Gardephe from Timothy G. Cameron dated September 28, 2015 re: Request That The Court Enter The Revised Stipulated Confidentiality Agreement and Protective Order. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chesler, Evan)
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Filing 131
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: After consultation with counsel for the parties, the Court adopts the following Civil Case Management Plan and Scheduling Order, in accordance with Federal Rules of Civil Procedure 16 and 26(f). All parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Fact Discovery due by 1/29/2016. Expert Discovery due by 5/13/2016. Complete depositions of fact witnesses by January 29, 2016. Parties seeking to make post-discovery dispositive motions should submit a letter to the Court in accordance with Rule 4(A) of the Court's Individual Practices by February 5, 2016. Opposition letters are due February 12, 2016. Counsel for the parties have conferred and their present best estimate of the length of trial is: one month. The Next Pretrial Conference set for 11/12/2015 at 10:00 AM before Judge Paul G. Gardephe. SO ORDERED. (Signed by Judge Paul G. Gardephe on 7/30/2015) (ama)
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Filing 130
ORDER: For the reasons stated above, Novartis will produce the requested speaker program and prescription writing information as to all ten drugs at issue in this case for the time period between January 1, 2002 and November 30, 2011. Novartis is not required to produce the requested information for the time period prior to January 1, 2002 or after November 30, 2011. The conference presently scheduled for July 29, 2015, is adjourned to November 12, 2015, at 10:00 a.m. SO ORDERED. ( Status Conference set for 11/12/2015 at 10:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 7/29/2015) (ama)
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Filing 129
ORDER: It is hereby ORDERED that the conference in this matter presently scheduled for July 21, 2015 is adjourned to July 29, 2015 at 4:00 p.m. SO ORDERED. ( Status Conference set for 7/29/2015 at 04:00 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 7/21/2015) (ama)
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Filing 128
LETTER addressed to Judge Paul G. Gardephe from Evan R. Chesler dated 6/24/15 re: Letter Motion for Conference for the Government's anticipated motion to compel (Docket Number 126). Document filed by Novartis Pharmaceuticals Corporation.(Chesler, Evan)
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Filing 127
ORDER terminating #126 Letter Motion for Conference. It is hereby ORDERED that the conference in this matter presently scheduled for June 23, 2015 is adjourned to July 21, 2015 at 3:30 p.m. SO ORDERED.(Signed by Judge Paul G. Gardephe on 6/22/2015) (ama)
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Set/Reset Hearings: Status Conference set for 7/21/2015 at 03:30 PM before Judge Paul G. Gardephe. (ama)
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Filing 126
LETTER MOTION for Conference for the Government's anticipated motion to compel addressed to Judge Paul G. Gardephe from Monica P. Folch dated June 19, 2015. Document filed by United States Of America. (Attachments: #1 Exhibit A)(Folch, Monica)
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Filing 125
ORDER. It is hereby ORDERED that the conference in this matter presently scheduled for April 30, 2015 is adjourned to June 23, 2015 at 10:00 a.m. (Conference set for 6/23/2015 at 10:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 4/27/2015) (rjm)
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Filing 124
LETTER addressed to Judge Paul G. Gardephe from Jeannette Vargas dated 4/23/15 re: Joint Letter Regarding Status of Discovery. Document filed by United States of America. (Attachments: #1 Exhibit Proposed Case Management Order)(Vargas, Jeannette)
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Filing 123
LETTER addressed to Judge Paul G. Gardephe from Jeannette Vargas dated 4/23/2015 re: Joint Report on the Status of Discovery. Document filed by United States of America.(Vargas, Jeannette)
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Filing 122
MOTION for Nathan C, Zipperian to Appear Pro Hac Vice Corrected/Amended. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oswald Bilotta, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, Texas, The City of Chicago, United States Of America, Virginia, Washington, Wisconsin. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Text of Proposed Order)(Zipperian, Nathan)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #122 MOTION for Nathan C, Zipperian to Appear Pro Hac Vice Corrected/Amended. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
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Filing 121
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nathan C. Zipperian to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10709691. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oswald Bilotta, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, Texas, The City of Chicago, United States Of America, Virginia, Washington, Wisconsin. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Text of Proposed Order)(Zipperian, Nathan) Modified on 3/17/2015 (sdi).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #121 MOTION for Nathan C. Zipperian to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10709691. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Missing Certificate of Good Standing from the Supreme Court of Oregon with the Clerk of Court's signature. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (sdi)
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Filing 120
STIPULATED CONFIDENTIALITY AGREEMENT AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul G. Gardephe on 1/29/2015) (lmb)
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Filing 119
ORAL LETTER addressed to Judge Paul G. Gardephe from Christopher B. Harwood dated 1/16/15 re: Proposed Protective Order. Document filed by United States Of America. (Attachments: #1 Exhibit A, #2 Exhibit B)(Harwood, Christopher)
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Filing 118
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: After consultation with counsel for the parties, the Court adopts the following Civil Case Management Plan and Scheduling Order, in accordance with Federal Rules of Civil Procedure 16 and 26(f). All parties do not consent to conducting further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Fact Discovery due by 4/27/2015. Counsel for the parties have conferred and their present best estimate of the length of trial is: one month. Pretrial Conference set for 4/30/2015 at 10:00 AM before Judge Paul G. Gardephe. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/21/2014) (ama)
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Minute Entry for proceedings held before Judge Paul G. Gardephe: Initial Pretrial Conference held on 10/27/2014, ( Status Conference set for 4/30/2015 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.). (mr)
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Filing 117
LETTER addressed to Judge Paul G. Gardephe from Christopher B. Harwood dated 10/20/2014 re: October 27, 2014 Pretrial Conference. Document filed by United States Of America. (Attachments: #1 Proposed Case Management Plan and Scheduling Order)(Harwood, Christopher)
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Filing 116
NOTICE OF APPEARANCE by Timothy Gray Cameron on behalf of Novartis Pharmaceuticals Corporation. (Cameron, Timothy)
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Filing 115
CERTIFICATE OF SERVICE of (1) Answer to the Amended Complaint in Intervention of the United States of America, (2) Answer to the Complaint in Intervention of the State of New York, and (3) Answer to the Third Amended Complaint of Relator Oswald Bilotta on October 14, 2014. Document filed by Novartis Pharmaceuticals Corporation. (Skaistis, Rachel)
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Filing 114
ANSWER to #50 Amended Complaint,,,, with JURY DEMAND. Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 113
ANSWER to #61 Intervenor Complaint with JURY DEMAND. Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 112
ANSWER to #62 Intervenor Complaint with JURY DEMAND. Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 111
NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 10/27/2014 at 12:30 PM in Courtroom 705, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe, and as further set forth. (Signed by Judge Paul G. Gardephe on 10/7/2014) (rjm)
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Filing 110
MEMORANDUM OPINION AND ORDER #104835. For the reasons set forth above, Novartis's motion to dismiss the United States' Amended Complaint is denied. Novartis's motion to dismiss New York's Complaint is granted as to New York's claims under Social Services Law 145-b and Executive Law 63(12), to the extent that they relate to conduct occurring prior to August 26, 2010. In all other respects, Novartis's motion to dismiss New York's Complaint is denied. Novartis's motion to dismiss Relator's (1) federal FCA kickback claims in the Third Amended Complaint is denied as moot; (2) state law kickback claims is denied without prejudice; (3) federal off-label promotion claim under the FCA is granted with prejudice; and (4) state law off-label promotion claim is granted. The Clerk of the Court is directed to terminate the motions (Dkt. Nos. 79, 81, 98). re: #81 MOTION to Dismiss ("Notice of Motion to Dismiss Complaint in Intervention of the State of New York") filed by Novartis Pharmaceuticals Corporation, #98 MOTION to Dismiss ("Notice of Motion to Dismiss Relator's Third Amended Complaint") filed by Novartis Pharmaceuticals Corporation, #79 MOTION to Dismiss ("Notice of Motion to Dismiss Amended Complaint in Intervention of the United States of America") filed by Novartis Pharmaceuticals Corporation. (Signed by Judge Paul G. Gardephe on 9/30/2014) (rjm). Modified on 10/3/2014 (ca).
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Filing 109
LETTER addressed to Judge Paul G. Gardephe from Andrew Gropper, Esq. dated March 5, 2014 re: Notifying Court of Recent Decision. Document filed by New York. (Attachments: #1 Exhibit People v. Sprint Nextel Corp. Decision)(Gropper, Andrew)
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Filing 108
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated February 3, 2014 re: enclosing courtesy copies of motion papers. Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 107
LETTER addressed to Judge Paul G. Gardephe from Karen M. Leser-Grenon dated 1-31-2014 re: Request for Oral Argument on Defendant's Motion to Dismiss Relator's Third Amended Complaint. Document filed by Oswald Bilotta.(Leser-Grenon, Karen)
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Filing 106
CERTIFICATE OF SERVICE of Opposition to Motion to Dismiss Third Amended Complaint on 1/17/2014. Service was made by Mail and Email. Document filed by Oswald Bilotta. (Leser-Grenon, Karen)
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Filing 105
MEMORANDUM OF LAW in Opposition re: #98 MOTION to Dismiss ("Notice of Motion to Dismiss Relator's Third Amended Complaint").. Document filed by Oswald Bilotta. (Leser-Grenon, Karen)
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Filing 104
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated January 31, 2014 re: requesting oral argument on motion to dismiss relator's third amended complaint. Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 103
DECLARATION of Nina M. Dillon in Support re: #98 MOTION to Dismiss ("Notice of Motion to Dismiss Relator's Third Amended Complaint").. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit A to Dillon Reply Declaration)(Skaistis, Rachel)
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Filing 102
REPLY MEMORANDUM OF LAW in Support re: #98 MOTION to Dismiss ("Notice of Motion to Dismiss Relator's Third Amended Complaint"). ("Reply Memorandum Of Law In Support Of Defendant's Motion To Dismiss Relator's Third Amended Complaint"). Document filed by Novartis Pharmaceuticals Corporation. (Skaistis, Rachel)
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Filing 101
CERTIFICATE OF SERVICE of Motion to dismiss, Memorandum and Declaration in support of motion to dismiss served on Plaintiffs on 12/20/2013. Service was made by Mail. Document filed by Novartis Pharmaceuticals Corporation. (Skaistis, Rachel)
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Filing 100
DECLARATION of Nina M. Dillon in Support re: #98 MOTION to Dismiss ("Notice of Motion to Dismiss Relator's Third Amended Complaint").. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit A to Dillon Declaration, #2 Exhibit B to Dillon Declaration, #3 Exhibit C to Dillon Declaration, #4 Exhibit D to Dillon Declaration, #5 Exhibit E to Dillon Declaration, #6 Exhibit F to Dillon Declaration)(Skaistis, Rachel)
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Filing 99
MEMORANDUM OF LAW in Support re: #98 MOTION to Dismiss ("Notice of Motion to Dismiss Relator's Third Amended Complaint"). ("Novartis Pharmaceutical Corporation's Memorandum Of Law In Support Of Its Motion To Dismiss Relator's Third Amended Complaint"). Document filed by Novartis Pharmaceuticals Corporation. (Skaistis, Rachel)
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Filing 98
MOTION to Dismiss ("Notice of Motion to Dismiss Relator's Third Amended Complaint"). Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 97
LETTER addressed to Judge Paul G. Gardephe from Andrew Gropper dated January 17, 2014 re: Defendant's Motion to Dismiss Relator's Third Amended Complaint. Document filed by New York.(Gropper, Andrew)
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Filing 96
LETTER addressed to Judge Paul G. Gardephe from Jeannette Vargas dated 1/17/2014 re: Defendant's Motion to Dismiss Relator's Third Amended Complaint. Document filed by United States Of America.(Vargas, Jeannette)
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Filing 95
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated December 19, 2013 re: withdrawing motion to stay. Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 94
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated December 24, 2013 re: courtesy copies of Motions to Dismiss. Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 93
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated December 19, 2013 re: withdrawing motion to stay. Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 92
LETTER addressed to Judge Paul G. Gardephe from Andrew Gropper dated December 24, 2013 re: Requesting Oral Argument on Defendant's Motion to Dismiss. Document filed by New York.(Gropper, Andrew)
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Filing 91
LETTER addressed to Judge Paul G. Gardephe from Christopher B. Harwood dated December 24, 2013 re: Requesting Oral Argument on Defendant's Motion to Dismiss. Document filed by United States Of America.(Harwood, Christopher)
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Filing 90
MEMORANDUM OF LAW in Opposition re: #79 MOTION to Dismiss ("Notice of Motion to Dismiss Amended Complaint in Intervention of the United States of America"). MOTION to Dismiss ("Notice of Motion to Dismiss Amended Complaint in Intervention of the United States of America").. Document filed by United States Of America. (Harwood, Christopher)
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Filing 89
MEMORANDUM OF LAW in Opposition re: #81 MOTION to Dismiss ("Notice of Motion to Dismiss Complaint in Intervention of the State of New York"). MOTION to Dismiss ("Notice of Motion to Dismiss Complaint in Intervention of the State of New York").. Document filed by New York. (Gropper, Andrew)
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Filing 88
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated December 23, 2013 re: requesting oral argument on Defendant Novartis Pharmaceuticals Corporation's Motions to Dismiss. Document filed by Novartis Pharmaceuticals Corporation.(Skaistis, Rachel)
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Filing 87
CERTIFICATE OF SERVICE of Reply Memorandums of Law in Support of Motions to Dismiss on December 23, 2013. Document filed by Novartis Pharmaceuticals Corporation. (Skaistis, Rachel)
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Filing 86
REPLY MEMORANDUM OF LAW in Support re: #81 MOTION to Dismiss ("Notice of Motion to Dismiss Complaint in Intervention of the State of New York"). MOTION to Dismiss ("Notice of Motion to Dismiss Complaint in Intervention of the State of New York").. Document filed by Novartis Pharmaceuticals Corporation. (Skaistis, Rachel)
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Filing 85
REPLY MEMORANDUM OF LAW in Support re: #79 MOTION to Dismiss ("Notice of Motion to Dismiss Amended Complaint in Intervention of the United States of America"). MOTION to Dismiss ("Notice of Motion to Dismiss Amended Complaint in Intervention of the United States of America").. Document filed by Novartis Pharmaceuticals Corporation. (Skaistis, Rachel)
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Filing 84
CERTIFICATE OF SERVICE of Motions to Dismiss on October 24, 2013. Document filed by Novartis Pharmaceuticals Corporation. (Skaistis, Rachel)
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Filing 83
DECLARATION of Nina M. Dillon in Support re: #81 MOTION to Dismiss ("Notice of Motion to Dismiss Complaint in Intervention of the State of New York"). MOTION to Dismiss ("Notice of Motion to Dismiss Complaint in Intervention of the State of New York")., #79 MOTION to Dismiss ("Notice of Motion to Dismiss Amended Complaint in Intervention of the United States of America"). MOTION to Dismiss ("Notice of Motion to Dismiss Amended Complaint in Intervention of the United States of America").. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit A to Dillon Declaration, #2 Exhibit B to Dillon Declaration, #3 Exhibit C to Dillon Declaration, #4 Exhibit D to Dillon Declaration, #5 Exhibit E to Dillon Declaration, #6 Exhibit F to Dillon Declaration)(Skaistis, Rachel)
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Filing 82
MEMORANDUM OF LAW in Support re: #81 MOTION to Dismiss ("Notice of Motion to Dismiss Complaint in Intervention of the State of New York"). MOTION to Dismiss ("Notice of Motion to Dismiss Complaint in Intervention of the State of New York").. Document filed by Novartis Pharmaceuticals Corporation. (Skaistis, Rachel)
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Filing 81
MOTION to Dismiss ("Notice of Motion to Dismiss Complaint in Intervention of the State of New York"). Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Complaint in Intervention of the State of New York (Part 1 of 3), #2 Complaint in Intervention of the State of New York (Part 2 of 3), #3 Complaint in Intervention of the State of New York (Part 3 of 3))(Skaistis, Rachel)
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Filing 80
MEMORANDUM OF LAW in Support re: #79 MOTION to Dismiss ("Notice of Motion to Dismiss Amended Complaint in Intervention of the United States of America"). MOTION to Dismiss ("Notice of Motion to Dismiss Amended Complaint in Intervention of the United States of America").. Document filed by Novartis Pharmaceuticals Corporation. (Skaistis, Rachel)
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Filing 79
MOTION to Dismiss ("Notice of Motion to Dismiss Amended Complaint in Intervention of the United States of America"). Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Amended Complaint in Intervention of the United States of America)(Skaistis, Rachel)
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Filing 78
ORDER granting #77 Letter Motion for Extension of Time to File Response/Reply. The Application is granted. Responses due by 12/13/2013. Replies due by 1/9/2014. (Signed by Judge Paul G. Gardephe on 12/3/2013) (lmb)
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Filing 77
CONSENT LETTER MOTION for Extension of Time to File Response/Reply on Defendant's Motion to Stay Discovery addressed to Judge Paul G. Gardephe from Christopher B. Harwood dated 12/2/13. Document filed by The State of New York, United States of America.(Harwood, Christopher)
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Filing 76
ORDER: It is hereby ORDERED that the following schedule will apply to Defendant's motion to dismiss the Government's Amended Complaint-in-Intervention, motion to dismiss New York's Complaint-in-Intervention, and motion to stay discovery: 1. The Government's opposition is due on December 4, 2013. 2. New York's opposition is due on December 4, 2013. 3. Defendant's reply, if any, is due on December 23,2013. It is further ORDERED that the following schedule will apply to Defendant's motion to dismiss Relator Oswald Bilotta's Third Amended Complaint, and Defendant's motion to stay discovery by Bilotta: 1. Defendant's motions are due on December 20, 2013. 2. The Relator's opposition is due on January 17,2014. 3. Defendant's reply, if any, is due on January 31, 2014. It is further ORDERED that the Government will-by January 17, 2014 make a submission addressing whether the law permits a relator to continue as a party to a qui tam action where the Government has intervened. The Government's proposed motion to sever its claims from those of the Relator will be held in abeyance pending the resolution of Defendant's motion to dismiss the Relator's Third Amended Complaint. (Motion due by 12/20/2013. Responses due by 1/17/2014. Replies due by 1/31/2014.) (Signed by Judge Paul G. Gardephe on 11/21/2013) (cd)
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Filing 75
LETTER addressed to Judge Paul G. Gardephe from Jeannette Vargas dated 11/19/2013 re: We write respectfully on behalf of all parties with respect to three motions that Novartis has served upon the Government and the State of New York ("New York"): a motion to dismiss the Government's amended complaint, a motion to dismiss New York's complaint, and a motion for a stay of discovery pending resolution of the motions to dismiss. Document filed by Oswald Bilotta, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, Texas, Texas, The City of Chicago, United States Of America, Virginia, Washington, Wisconsin. (rsh)
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Filing 74
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated 9/12/2013 re: Briefing schedule re motion to dismiss, as further set forth in this document. Document filed by Novartis Pharmaceuticals Corporation.(cd)
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Filing 73
LETTER addressed to Judge Paul G. Gardephe from Christopher B. Harwood dated 9/12/2013 re: Novartis's proposed motion to dismiss is without merit, and its request for a stay of discovery should be denied. Document filed by United States Of America.(cd)
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Filing 72
LETTER addressed to Judge Paul G. Gardephe from Andrew Gropper dated 9/11/2013 re: We write in response to Defendant Novartis Pharmaceuticals Corporation's letter dated September 9, 2013. Document filed by The State of New York.(cd)
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Filing 71
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated 9/9/2013 re: Accordingly, in the event that New Jersey files a complaint. NPC respectfully requests 14 days from the filing of the complaint to inform the Court whether it intends to move against New York and New Jersey in one motion. Document filed by Novartis Pharmaceuticals Corporation.(cd)
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Filing 70
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated 9/9/2013 re: Our intention to file a motion to dismiss the Amended Complaint. Document filed by Novartis Pharmaceuticals Corporation.(cd)
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Filing 69
LETTER addressed to Judge Paul G. Gardephe from Scot R. Shepherd dated 7/31/2013 re: In reply to Novartis' letter requesting a premotion conference. Document filed by Oswald Bilotta.(cd)
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Filing 68
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated 7/29/2013 re: Request for a Pre-motion conference. Document filed by Novartis Pharmaceuticals Corporation.(cd)
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Filing 67
LETTER addressed to Judge Paul G. Gardephe from Heidi A. Wendel dated 7/17/2013 re: Request for a Pre-motion conference. Document filed by United States Of America.(cd)
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Filing 66
FALSE CLAIMS ACT COMPLAINT against Novartis Pharmaceuticals Corporation. Document filed by The City of Chicago, Tennessee, The City Of New York,, Florida, Nevada, New Jersey, California, Oklahoma, New York, Oswald Bilotta, Louisiana, Minnesota, Indiana, Connecticut, Hawaii, Wisconsin, Maryland, United States Of America, Virginia, Massachusetts, Colorado, New Mexico, Illinois, Michigan, North Carolina, New Hampshire, District of Columbia, Georgia, Delaware, Rhode Island, Texas, Montana. (This document was previously filed under seal in envelope #2 and unsealed on 10/10/2013.)(mro)
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Transmission to Sealed Records Clerk. Transmitted re: #65 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (rsh)
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Filing 65
ORDER: IT IS HEREBY ORDERED that: The Complaint of Relator Oswald Bilotta, filed with the Clerk of this Court on or about January 5, 2011, shall be unsealed. All other documents filed before April 19, 2013 in the Court's file in this action shall remain under seal and not be made public, unless otherwise ordered by the Court. (Signed by Judge Paul G. Gardephe on 10/10/2013) (rsh)
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Filing 64
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court the United States substitutes Jeannette Vargas and Christopher Harwood, State Bar No. as counsel of record in place of Heidi A. Wendel. The substitution of attorney is hereby approved and so ORDERED. (Signed by Judge Paul G. Gardephe on 10/10/2013) (rsh)
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Filing 63
STANDING ORDER M10-468: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding. (Signed by Judge Loretta A. Preska on 10/1/2013) ***Original Standing Order docketed in case no. 1:13-mc-00334-LAP, document no. 2 on 10/1/2013.*** (mro)
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***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Heidi Ann Wendel for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #62 Intervenor Complaint to: caseopenings@nysd.uscourts.gov. (ft)
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***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Andrew Jerome Gropper for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #61 Intervenor Complaint to: caseopenings@nysd.uscourts.gov. (mro)
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Filing 62
AMENDED INTERVENOR COMPLAINT against Novartis Pharmaceuticals Corporation.Document filed by United States of America.(ft) (Additional attachment(s) added on 8/29/2013: #1 Exhibit) (sdi).
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Filing 61
INTERVENOR COMPLAINT against Novartis Pharmaceuticals Corporation.Document filed by The State of New York.(mro) (Additional attachment(s) added on 8/28/2013: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit) (sdi).
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Filing 60
ENDORSED LETTER addressed to Judge Paul G. Gardephe from Heidi A. Wendel dated 8/15/2013 re: In my letter I neglected also to request a one-week extension, from September 2, 2013, to September 9, 2013, of Defendant's time to submit its letter informing the Court whether it intends to move to dismiss the amended complaint. ENDORSEMENT: Defendant's time to submit its letter is extended as set forth below. (Signed by Judge Paul G. Gardephe on 8/18/2013) (lmb)
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Filing 59
ENDORSED LETTER addressed to Judge Paul G. Gardephe from Heidi A. Wendel dated 8/14/2013 re: I am writing on behalf of the United States to request a one-week extension, from August 19, 2013, through August 26, 2013, of the United States' time to file its amended complaint in this action. ENDORSEMENT: The Application is granted., ( Amended Pleadings due by 8/26/2013.) (Signed by Judge Paul G. Gardephe on 8/18/2013) (lmb)
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Filing 58
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/18/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 57
TRANSCRIPT of Proceedings re: CONFERENCE held on 7/18/2013 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. 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. Redaction Request due 8/19/2013. Redacted Transcript Deadline set for 8/29/2013. Release of Transcript Restriction set for 10/28/2013.(McGuirk, Kelly)
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Filing 56
ORDER: Accordingly, the Court hereby ORDERS the following: The parties shall serve all pleadings and motions filed in this action, including supporting memoranda, upon the States and the District of Columbia, in with the Certificate of Service attached to the Plaintiff States' Notice of Election to Decline Intervention, and as further set forth in this document. In accordance with the terms of the Maryland False Health Claims Act, Md. Code Ann., Health Gen, 2-604 (a)(7), the State of Maryland having declined to intervene in this matter, all claims asserted on behalf of Maryland are hereby dismissed without prejudice. (Signed by Judge Paul G. Gardephe on 7/25/2013) (cd)
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Filing 55
ORDER: The State of New York shall file its Complaint in Intervention as to the part of this action which it has elected to intervene in and convert within 30 days of the date of this Order, pursuant to N.Y. State Fin. Law I90(2)(d), and as further set forth in this document. (Signed by Judge Paul G. Gardephe on 7/25/2013) (cd)
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Filing 54
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/18/2013 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 53
TRANSCRIPT of Proceedings re: CONFERENCE held on 7/18/2013 before Judge Paul G. Gardephe. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. 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. Redaction Request due 8/16/2013. Redacted Transcript Deadline set for 8/26/2013. Release of Transcript Restriction set for 10/24/2013.(McGuirk, Kelly)
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Filing 52
NOTICE OF APPEARANCE by Christopher Blake Harwood on behalf of United States Of America, United States of America. (Harwood, Christopher)
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Filing 51
ORDER: For the reasons stated in open court on July 18, 2013, it is hereby ORDERED that the Government shall file any amended Complaint In Intervention by August 19, 2013. It is further ORDERED that in the event that the Government files an amended complaint, Defendant shall submit a letter by September 2, 2013, informing the Court whether it intends to move to dismiss the amended complaint. The Defendant's letter should address the amendments to the Complaint in Intervention and the Court's remarks at the July 18,2013 conference concerning Defendant's statute of limitations and unjust enrichment arguments, and should propose a briefing schedule. In the event that the Government does not file an amended complaint, Defendant shall submit a letter by August 20, 2013 addressing the Court's remarks concerning Defendant's statute of limitations and unjust enrichment arguments, and proposing a briefing schedule for Defendant's motion to dismiss. It is further ORDERED that the parties shall submit a jointly proposed discovery schedule by August 1, 2013. If a discovery schedule cannot be agreed upon, the parties shall submit a joint letter outlining their respective positions. ( Amended Pleadings due by 8/19/2013.) (Signed by Judge Paul G. Gardephe on 7/18/2013) (cd) Modified on 7/19/2013 (djc).
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Filing 49
LETTER addressed to Judge Paul G. Gardephe from Rachel G. Skaistis dated 6/27/2013 re: Based on the foregoing, we respectfully request that the Court schedule a pre-motion conference concerning NPC's forthcoming motion to dismiss. Document filed by Novartis Pharmaceuticals Corporation.(cd)
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Filing 48
LETTER addressed to Judge Paul G. Gardephe from Heidi A. Wendel dated 7/1/2013 re: Accordingly, Novartis has set forth no meritorious grounds for its proposed motion to dismiss. Document filed by United States Of America.(cd)
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Filing 47
NOTICE OF APPEARANCE by Jeannette Anne Vargas on behalf of United States Of America. (Vargas, Jeannette)
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Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference held on 7/18/2013. (Court Reporter Jennifer Thun) (mr)
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Filing 46
NOTICE of Election to decline intervention. Document filed by Texas. (Adkins, James)
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Filing 45
NOTICE of Election to Intervene in Part. Document filed by New York. (Gropper, Andrew)
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Filing 44
NOTICE OF APPEARANCE by Andrew Jerome Gropper on behalf of New York. (Gropper, Andrew)
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Filing 43
ORDER FOR ADMISSION PRO HAC VICE granting #22 Motion for Brandon J. Lauria to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 7/16/2013) (cd)
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Filing 41
NOTICE OF APPEARANCE by Manvin Singh Mayell on behalf of Novartis Pharmaceuticals Corporation. (Mayell, Manvin)
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Filing 40
NOTICE OF APPEARANCE by Michael A. Rogoff on behalf of Novartis Pharmaceuticals Corporation. (Rogoff, Michael)
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Filing 39
NOTICE OF APPEARANCE by Manisha M. Sheth on behalf of Novartis Pharmaceuticals Corp.. (Sheth, Manisha)
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Filing 38
NOTICE OF APPEARANCE by Faith E. Gay on behalf of Novartis Pharmaceuticals Corp.. (Gay, Faith)
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***NOTE TO ATTORNEY TO E-MAIL REDACTED PDF. Note to Attorney Patrick Anthony Klingman to E-MAIL the PDF for Document #42 Redacted Amended Complaint, to: caseopenings@nysd.uscourts.gov. (tro)
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Filing 42
(REDACTED) SECOND AMENDED COMPLAINT amending #16 Intervenor Complaint against Novartis Pharmaceuticals Corporation with JURY DEMAND.Document filed by The City of Chicago, Tennessee, Florida, Nevada, New Jersey, California, Oklahoma, New York, Oswald Bilotta, Louisiana, Minnesota, Texas, Indiana, Connecticut, Hawaii, Wisconsin, Maryland, United States Of America, Virginia, Massachusetts, Colorado, New Mexico, Illinois, Michigan, North Carolina, New Hampshire, District of Columbia, Georgia, Delaware, Rhode Island, Montana, Texas, Washington. Related document: #16 Intervenor Complaint filed by United States Of America.(tro) (Additional attachment(s) added on 7/30/2013: #1 part 2, #2 part 3) (sdi).
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Filing 37
STIPULATION AND ORDER TO ELECTRONICALLY FILE REDACTED COPY OF SECOND AMENDED COMPLAINT PURSUANT TO COURT'S REQUEST: The foregoing Stipulation of Plaintiff-Relator and Defendant is hereby APPROVED. The Clerk of Court is hereby DIRECTED to file, as a matter of public record, the redacted Second Amended Complaint attached to this Stipulation and Proposed Order as Exhibit "A." (Signed by Judge Paul G. Gardephe on 7/11/2013) (cd)
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Filing 36
NOTICE OF APPEARANCE by James Burnley Adkins, Jr on behalf of Texas. (Adkins, James)
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Filing 50
THIRD AMENDED FALSE CLAIMS ACT COMPLAINT amending #42 Amended Complaint, against Novartis Pharmaceuticals Corporation with JURY DEMAND. Document filed by The City of Chicago, Tennessee, Florida, Nevada, New Jersey, California, Oklahoma, Washington, New York, Oswald Bilotta, Louisiana, Minnesota, Texas, Indiana, Iowa, Connecticut, Hawaii, Wisconsin, Maryland, United States Of America, Virginia, Massachusetts, Colorado, New Mexico, Illinois, Michigan, North Carolina, New Hampshire, Georgia, Delaware, Rhode Island, Texas, Montana. Related document: #42 Amended Complaint, filed by Massachusetts, Indiana, New Jersey, Minnesota, United States Of America, Montana, Nevada, Oswald Bilotta, Wisconsin, Maryland, California, New York, Georgia, Illinois, Rhode Island, Louisiana, New Hampshire, Florida, Texas, New Mexico, Oklahoma, Hawaii, Virginia, District of Columbia, Texas, North Carolina, Michigan, Delaware, Tennessee, Connecticut, Colorado, The City of Chicago, Washington. (Attachments: #1 Supplement)(djc)
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Filing 35
NOTICE OF APPEARANCE by Nina M. Dillon on behalf of Novartis Pharmaceuticals Corporation. (Dillon, Nina)
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Filing 34
NOTICE OF APPEARANCE by Rachel G Skaistis on behalf of Novartis Pharmaceuticals Corporation. (Skaistis, Rachel)
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Filing 33
NOTICE OF APPEARANCE by Benjamin Gruenstein on behalf of Novartis Pharmaceuticals Corporation. (Gruenstein, Benjamin)
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Filing 32
NOTICE OF APPEARANCE by Evan R Chesler on behalf of Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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Filing 31
NOTICE OF APPEARANCE by Natalie Ann Priddy on behalf of United States Of America. (Priddy, Natalie)
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Filing 30
STIPULATION AND ORDER TO FILE THIRD AMENDED COMPLAINT AND EXTEND TIME TO ANSWER OR OTHERWISE PLEAD IN RESPONSE TO THE THIRD AMENDED COMPLAINT: The foregoing Stipulation of Plaintiff-Relator and Defendant is hereby APPROVED. The Relator is directed to docket and serve the Third Amended Complaint. Defendant shall answer or otherwise plead in response to the Third Amended Complaint on or before 7/31/2013. Novartis Pharmaceuticals Corp. answer due 7/31/2013; Novartis Pharmaceuticals Corporation answer due 7/31/2013. (Signed by Judge Paul G. Gardephe on 7/3/2013) (cd)
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Filing 29
ORDER: It is hereby ORDERED that there shall be a conference in this action regarding Defendant's proposed motion to dismiss the Government's Complaint-in-Intervention. Conference set for 7/18/2013 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 7/3/2013) (cd)
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Filing 28
ORDER FOR ADMISSION PRO HAC VICE granting #18 Motion for James E. Miller to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Paul G. Gardephe on 7/3/2013) (cd)
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Filing 27
ORDER FOR ADMISSION PRO HAC VICE granting #23 Motion for Eric L. Young to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Paul G. Gardephe on 7/3/2013) (cd)
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Filing 26
ORDER FOR ADMISSION PRO HAC VICE granting #19 Motion for Scott R. Shepherd to Appear Pro Hac Vice for plaintiffs. Signed by Judge Paul G. Gardephe on 7/3/2013) (cd)
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Filing 25
ORDER FOR ADMISSION PRO HAC VICE granting #17 Motion for Laurie Rubinow to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Paul G. Gardephe on 7/3/2013) (cd)
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Filing 24
NOTICE OF APPEARANCE by Karen M. Leser-Grenon on behalf of Oswald Bilotta, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, The City of Chicago, Virginia, Wisconsin. (Leser-Grenon, Karen)
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Filing 23
MOTION for Eric Leighton Young to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8560709. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oswald Bilotta.(Young, Eric)
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Filing 22
MOTION for Brandon Joshua Lauria to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8560564. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oswald Bilotta.(Lauria, Brandon)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #23 MOTION for Eric Leighton Young to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8560709. Motion and supporting papers to be reviewed by Clerk's Office staff., #22 MOTION for Brandon Joshua Lauria to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8560564. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 21
ORDER: WHEREAS, the April 24, 2013 Order provided that all other documents filed before April 19, 2013 in the action, except for a redacted version of the relator's second amended complaint, shall remain under seal and not be made public; IT IS HEREBY ORDERED that the April 24, 2013 Order is amended to provide as follows in paragraph 2 of the Order: The United States, at its discretion, may disclose the allegations made by relator in this action and provide unredacted copies of the original complaint, the first amended complaint, and the second amended complaint and any complaints subsequently filed to relators and their counsel in any qui tam action against defendant Novartis involving similar allegations that is currently pending or is subsequently filed in any other federal court, as well as to the court itself. (Signed by Judge Paul G. Gardephe on 5/24/2013) (mro)
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Filing 20
STIPULATION AND ORDER: Relator OSWALD BILOTTA ("Relator") and Defendant NOVARTIS PHARMACEUTICALS CORPORATION ("NPC"), each by and through their attorneys, hereby stipulate and agree as follows: NPC has up to and including July 1, 2013 to answer or otherwise respond to Relator's Complaint. (Signed by Judge Paul G. Gardephe on 5/22/2013) (mro)
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Filing 19
MOTION for Scott Rhead Shepherd to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8522426. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oswald Bilotta, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, The City of Chicago, Virginia, Wisconsin. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Text of Proposed Order)(Shepherd, Scott)
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Filing 18
MOTION for James Edward Miller to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8521898. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oswald Bilotta, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, The City of Chicago, Virginia, Wisconsin. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Text of Proposed Order)(Miller, James)
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Filing 17
MOTION for Laurie Rubinow to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8521803. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Oswald Bilotta, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Illinois, Indiana, Louisiana, Maryland, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Rhode Island, Tennessee, The City of Chicago, Virginia, Wisconsin. (Attachments: #1 Errata Certificate of Good Standing, #2 Text of Proposed Order)(Rubinow, Laurie)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Laurie Rubinow to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8521803. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Scott Rhead Shepherd to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8522426. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for James Edward Miller to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8521898. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 15
SEALED DOCUMENT placed in vault.(mps)
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Filing 14
SEALED DOCUMENT placed in vault.(mps)
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Filing 16
COMPLAINT IN INTERVENTION OF THE UNITED STATES OF AMERICA against Novartis Pharmaceuticals Corp. Document filed by United States Of America.(ja) (tro).
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***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Heidi A. Wendel for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #16 Intervenor Complaint to: caseopenings@nysd.uscourts.gov. (ja)
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Filing 13
NOTICE OF PARTIAL INTERVENTION OF THE UNITED STATES. Document filed by United States of America. (mro)
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Filing 12
ORDER, IT IS HEREBY ORDERED that: The seal shall be lifted in this matter as to any filings occurring after the date of entry of this order, except as otherwise permitted to be filed under seal by this court. (Signed by Judge Paul G. Gardephe on 04/24/2013) (mps)
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Filing 11
SEALED DOCUMENT placed in vault.(mps)
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Filing 10
SEALED DOCUMENT placed in vault.(mps)
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Filing 9
SEALED DOCUMENT placed in vault.(nm)
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Filing 8
SEALED DOCUMENT placed in vault.(mps)
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Filing 7
SEALED DOCUMENT placed in vault.(mps)
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Filing 6
SEALED DOCUMENT placed in vault.(mps)
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Filing 5
SEALED DOCUMENT placed in vault.(mps)
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Filing 4
SEALED DOCUMENT placed in vault.(mps)
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Filing 3
SEALED DOCUMENT placed in vault.(nm)
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Filing 2
SEALED DOCUMENT placed in vault.(nm)
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Filing 1
ORDER, Case sealed. (Signed by Judge Kenneth M. Karas on 1/5/2011) (cb) Modified on 2/9/2011 (cb).
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Magistrate Judge Kevin Nathaniel Fox is so designated. (cb)
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