IN RE ACTOS END PAYOR ANTITRUST LITIGATION
Plaintiff: United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund
Defendant: Takeda America Holdings, Inc., Takeda Pharamceuticals, U.S.A., Inc., Takeda Development Center Americas, Inc., Mylan, Inc., Mylan Pharmaceuticals Inc., Actavis plc, Watson Laboratories, Inc., Ranbaxy, Inc., Ranbaxy Laboratories, Ltd., Ranbaxy Pharmaceuticals, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc. and Takeda Pharmaceutical Company Limited
Consolidated_plaintiff: Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund, Crosby Tugs, LLC and International Union of Operating Engineers Local 132 Health and Welfare Fund
Case Number: 1:2013cv09244
Filed: December 31, 2013
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Rockland
Presiding Judge: Ronnie Abrams
Nature of Suit: Contract: Other
Cause of Action: 28:1332bc Diversity-Breach of Contract
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 9, 2020 Opinion or Order Filing 331 OPINION AND ORDER re: 321 MOTION to Stay proceedings pending interlocutory appeal, filed by Takeda Pharmaceutical Company Limited, Takeda Pharamceuticals, U.S.A., Inc., Takeda Development Center Americas, Inc., Takeda Ameri ca Holdings, Inc. For the foregoing reasons, Takeda's motion to stay all proceedings in these coordinated actions pending appellate consideration of Takeda's petition for interlocutory appeal and any subsequent appeal on the merits is GRANTED. The Court hereby adjourns sine die the status conference that currently is scheduled for March 30, 2020. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 3/9/2020) (kl)
January 28, 2020 Opinion or Order Filing 317 ORDER granting 294 Motion for Certificate of Appealability; denying as moot 307 Motion for Oral Argument. For the foregoing reasons, Takeda's motion to certify for interlocutory appeal the EPP and DPP Orders is granted, and Takeda's request for oral argument is denied as moot. The Clerk of Court is respectfully directed to terminate the motions at Dkts. 294 and 307 in the case number 13- cv-9244 and the motions at Dkts. 161 and 184 in the case number 15-cv-3278. (Signed by Judge Ronnie Abrams on 1/28/2020) (rj)
January 11, 2020 Opinion or Order Filing 311 ORDER: The Court hereby ORDERS, as follows: 1. No later than October 1, 2020, Takeda shall advise Plaintiffs in writing whether Takeda will rely on an advice of counsel defense. 2. If Plaintiffs can show good cause why they cannot complete discovery within the current court-imposed deadline due to the belated disclosure of documents previously withheld on attorney-client privilege grounds, Plaintiffs may seek an extension of the deadline on this basis alone. (Signed by Magistrate Judge Stewart D. Aaron on 1/11/2020) (Aaron, Stewart)
December 11, 2019 Opinion or Order Filing 303 ORDER: Following a status conference with the parties, and for the reasons stated on the record, it is hereby Ordered as follows: 1. No later than Tuesday, December 24, 2019, Plaintiffs shall file their additional briefing regarding the deadline b y which Defendants must inform Plaintiffs as to whether Defendants intend to assert an advice of counsel defense. Defendants shall file their response no later than January 3, 2020, and Plaintiffs shall file any reply no later than January 10, 202 0. 2. No later than January 15, 2020, the parties shall meet and confer and file a joint letter regarding a proposed schedule for class certification discovery and expert discovery. 3. The parties shall appear for a status conference on Tuesday, Fe bruary 25, 2020, at 2:00 p.m. in Courtroom 11C. No later than February 21, 2020, the parties shall submit a joint letter regarding any issues to be raised during the conference. 12/11/2019 (Brief due by 12/24/2019. Reply to Response to Brief due by 1/10/2020. Responses to Brief due by 1/3/2020), (Status Conference set for 2/25/2020 at 02:00 PM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 12/11/2019) (js)
September 30, 2019 Opinion or Order Filing 272 OPINION AND ORDER: re: 257 MOTION to Dismiss the Fourth Consolidated Amended Complaint filed by Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals, U.S.A., Inc., Takeda Development Center Americas, Inc., Takeda America Holdings, Inc. For the foregoing reasons, Takeda's motion to dismiss is DENIED. The Clerk of Court is directed to terminate the motion pending at Dkt. 257. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/30/2019) Filed In Associated Cases: 1:13-cv-09244-RA-SDA et al.(ama)
February 12, 2018 Opinion or Order Filing 249 OPINION AND ORDER: re: 236 MOTION to Amend/Correct Complaint. filed by 199 SEIU-National Benefit Fund, Plumbers & Pipefitters Local 178 Health & Welfare Trust Fund, Fraternal Order of Police, Fort Lauderdale Lodge 31, Insura nce Trust Fund, United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund, Painters District Council No. 30 Health and Welfare Fund, New England Electrical Workers Benefit Fund, Teamsters Union Local 1 15 Health & Welfare Fund, A.F. of L. - A.G.C. Building Trades Welfare Plan, Man-U Service Contract Trust Fund, City of Providence, Rhode Island, International Union of Operating Engineers Local 132 Health and Welfare Fund, NECA-IBEW Welf are Trust Fund, Local 17 Hospitality Benefit Fund, Greater Metropolitan Hotel Employers-Employees Health and Welfare Fund, Crosby Tugs, LLC, Ranbaxy Pharmaceuticals Inc., Minnesota and North Dakota Bricklayers and Allied Craftworkers Hea lth Fund, Dennis Kreish. For the foregoing reasons, Plaintiffs are granted leave to amend their complaint to the extent that the amendments are unopposed or allege causation based on the FDA's March 2010 ruling. Plaintiffs shall file an amend ed complaint in compliance with this decision no later than March 12, 2018. At that time, they shall also submit to opposing counsel and the Court a redlined version showing the changes between the new proposed amended complaint and the prior Consolidated Amended Class Action Complaint (Dkt. 120). (Signed by Judge Ronnie Abrams on 2/12/2018) (js)
September 22, 2015 Opinion or Order Filing 221 OPINION & ORDER re: (131 in 1:13-cv-09244-RA-RLE) MOTION to Dismiss Counts 1 and 2 of the Consolidated Amended Class Action Complaint. filed by Takeda Pharamceuticals, U.S.A., Inc., Takeda Development Center Americas, Inc., Takeda A merica Holdings, Inc., (125 in 1:13-cv-09244-RA-RLE) MOTION to Dismiss Joint Motion to Dismiss the Consolidated Amended Class Action Complaint. filed by Teva Pharmaceutical Industries, Ltd., Actavis plc, Teva Pharmaceuticals USA, Inc ., Watson Laboratories, Inc., (122 in 1:13-cv-09244-RA-RLE) MOTION to Dismiss . filed by Ranbaxy Inc., Ranbaxy Pharmaceuticals, Inc., (124 in 1:13-cv-09244-RA-RLE) MOTION to Dismiss . filed by Takeda Pharamceuticals, U.S .A., Inc., Actavis plc, Takeda America Holdings, Inc., Mylan Pharmaceuticals Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc., Teva Pharmaceutical Industries, Ltd., Takeda Development Center Americas, Inc., Mylan, Inc. Two years after Actavis, federal judges continue to grapple with its implications and many questions of first impression remain to be decided. One thing should be clear. While some settlements of patent infringement suits may produce anticompetitive effects yet be cleverly designed to evade antitrust scrutiny, not all settlements are illegal, nor-in the Court's view should they be. Protecting against anticompetitive conduct is an important interest, but so too is the innovation the patent l aws are intended to protect. The aim of this Court, like those in Actavis and its progeny, is to balance these interests as the law prescribes. It is not this Court's role, however, to expand the scope of Actavis beyond what was contemplated in the Supreme Court's decision. In this case, Plaintiffs' allegations fall short of cognizable anticompetitive conduct. Permitting the claims to go forward would exceed the contours established by Actavis, and discourage or needlessly restric t future patent settlements in a fashion not currently supported by law. For the foregoing reasons, Defendants' motions to dismiss the Consolidated Amended Class Action Complaint are granted in their entirety. Plaintiffs have previously amended the Complaint three times and further amendment would be futile. Accordingly, dismissal is with prejudice. The Clerk of the Court is directed to terminate items 122, 124, 125, and 131 on the docket and to close the consolidated eases listed in footnote 1 of this Opinion. SO ORDERED. (As further set forth within this Opinion.) (Signed by Judge Ronnie Abrams on 9/22/2015) Filed In Associated Cases: 1:13-cv-09244-RA-RLE et al.(ajs)
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Plaintiff: United Food and Commercial Workers Local 1776 & Participating Employers Health and Welfare Fund
Represented By: Elizabeth G. Arthur
Represented By: Natalie Finkelman Bennett
Represented By: Karen M. Leser-Grenon
Represented By: Steve D. Shadowen
Represented By: Kolin C. Tang
Represented By: Matthew Weiner
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Defendant: Takeda America Holdings, Inc.
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Defendant: Takeda Pharamceuticals, U.S.A., Inc.
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Defendant: Takeda Development Center Americas, Inc.
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Defendant: Mylan, Inc.
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Defendant: Mylan Pharmaceuticals Inc.
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Defendant: Actavis plc
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Defendant: Watson Laboratories, Inc.
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Defendant: Ranbaxy, Inc.
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Defendant: Ranbaxy Laboratories, Ltd.
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Defendant: Ranbaxy Pharmaceuticals, Inc.
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Defendant: Teva Pharmaceutical Industries, Ltd.
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Defendant: Teva Pharmaceuticals USA, Inc.
Represented By: Joseph Serino, JR.
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Defendant: Takeda Pharmaceutical Company Limited
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Consolidated_plaintiff: Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund
Represented By: Adam G. Kurtz
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Consolidated_plaintiff: Crosby Tugs, LLC
Represented By: Elizabeth G. Arthur
Represented By: Steve D. Shadowen
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Consolidated_plaintiff: International Union of Operating Engineers Local 132 Health and Welfare Fund
Represented By: Peter George Safirstein
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