In Re: Actos Direct Purchaser Antitrust Litigation
Plaintiff: American Sales Company, LLC, Meijer, Inc. and Meijer Distribution, Inc.
Defendant: Takeda Pharmaceutical Co. Ltd., Takeda America Holdings, Inc., Takeda Pharmaceuticals U.S.A., Inc., Takeda Development Center Americas, Inc., Mylan, Inc., Mylan Pharmaceuticals, Inc., Actavis PLC, Watson Laboratories, Inc., Ranbaxy Laboratories Ltd., Ranbaxy, Inc., Ranbaxy Pharmaceuticals, Inc., Sun Pharmaceutical Industries Ltd., Teva Pharmaceutical Industries, Ltd. and Teva Pharmaceuticals USA, Inc.
Consolidated Plaintiff: Cesar Castillo, Inc.
Case Number: 1:2015cv03278
Filed: April 27, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Erie
Presiding Judge: Stewart D Aaron
Referring Judge: Ronnie Abrams
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 1 Antitrust Litigation (Monopolizing Trade)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 27, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 27, 2022 Opinion or Order Filing 206 STIPULATION REGARDING DOCUMENTS PRODUCED BY NONPARTY GENERIC DRUG MANUFACTURERS: To the extent any nonparty generic drug manufacturer chooses to designate documents produced in response to the Subpoena(s) as "Highly Confidential Material" pursuant to 2 of Stipulated Protective Order, entered by the Court in this Action on March 18, 2015 (Dkt. No. 190, which also governs DPP action per Dkt. No. 305) (the "Protective Order"), they may choose to further designate such documents "Highly Confidential Material-Outside Counsel's Eyes Only." "Highly Confidential Material-Outside Counsel's Eyes Only" shall mean Highly Confidential Material that the designating nonparty generic drug manufacturer reasonably believes to contain highly confidential and/or competitively sensitive information the disclosure of which would cause the Designating Party competitive and commercial harm. Material designated "Highly Confidential Material-Outside Counsel's Eyes Only" shall be governed in all respects by the provisions of the Protective Order concerning Highly Confidential Material, with one exception: unlike Highly Confidential Material (see Protective Order 4.b.), material designated "Highly Confidential Material-Outside Counsel's Eyes Only" shall not be disclosed to in-house counsel for the Parties under any circumstances. For the avoidance of doubt, Parties may challenge "Highly Confidential Material-Outside Counsel's Eyes Only" designations under 7 of the Protective Order. This stipulation between the Parties is binding upon, without limitation, all current and future parties in this action (including their respective corporate parents, subsidiaries, affiliates, successors, and attorneys and all other representatives or agents), and their counsel; allother persons or entities authorized under the Protective Order or any other order of this Court to receive or view Highly Confidential Material; and all other interested persons or entities with actual or constructive notice of this stipulation or the Protective Order. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 9/27/2022) Filed In Associated Cases: 1:13-cv-09244-RA-SDA et al. (ama)
September 20, 2022 Opinion or Order Filing 205 STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii): Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), Plaintiff International Union of Operating Engineers Local 132 Health & Welfare Fund ("Local 132") and Defendants Takeda Pharmaceutical Co. Ltd., Takeda America Holdings, Inc., Takeda Pharmaceuticals U.S.A., Inc., and Takeda Development Center Americas, Inc. (collectively, "Takeda"), by and through their undersigned counsel, hereby jointly stipulate and agree that Local 132's claims shall be dismissed without prejudice. In exchange for Takeda's agreement to this voluntary dismissal without prejudice, Local 132 stipulates that it will not seek to rejoin this action as a named plaintiff and that it has conducted a reasonable search of its non-custodial documents and identified and produced to Takeda documents responsive to Takeda's Requests for Production that were identified through its search. SO ORDERED. Takeda America Holdings, Inc., Takeda America Holdings, Inc., Takeda America Holdings, Inc., Takeda America Holdings, Inc., Takeda America Holdings, Inc., Takeda Development Center Americas Inc., Takeda Development Center Americas, Inc., Takeda Development Center Americas, Inc., Takeda Development Center Americas, Inc., Takeda Development Center Americas, Inc., Takeda Development Center Americas, Inc., Takeda Development Center Americas, Inc., Takeda Pharamceutcials, U.S.A., Inc., Takeda Pharamceutcials, U.S.A., Inc., Takeda Pharamceutical Co. Ltd., Takeda Pharamceutical Company Limited, Takeda Pharamceuticals, U.S.A., Inc., Takeda Pharamceuticals, U.S.A., Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceutical Co., Ltd., Takeda Pharmaceutical Co., Ltd., Takeda Pharmaceutical Company Limited, Takeda Pharmaceutical Company Limited, Takeda Pharmaceutical Company Limited, Takeda Pharmaceutical Company Limited, Takeda Pharmaceutical Company Limited, Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals U.S.A. Inc., Takeda Pharmaceuticals U.S.A. Inc., Takeda Pharmaceuticals U.S.A., Inc., Takeda Pharmaceuticals U.S.A., Inc., Takeda Pharmaceuticals U.S.A., Inc., Takeda Pharmaceuticals U.S.A., Inc., Takeda Pharmaceuticals, U.S.A., Inc., Takeda Pharmaceuticals, U.S.A., Inc., Takeda America Holdings Inc. and Takeda America Holdings, Inc. terminated. (Signed by Judge Ronnie Abrams on 9/20/2022) Filed In Associated Cases: 1:13-cv-09244-RA-SDA et al. (ate)
September 16, 2022 Opinion or Order Filing 204 ORDER: Before the Court are requests to seal certain documents filed in connection with Plaintiffs' August 30, 2022 Letter Motion (ECF Nos. 394) and Plaintiffs' Reply in support of their Letter Motion (ECF Nos. 405). (See 9/1/2022 Letter, ECF No. 397; 9/13/2022 Letter, ECF No. 409.) The requests to seal are GRANTED IN PART and DENIED IN PART. Accordingly, the parties shall meet and confer and, no later than September 30, 2022, file a renewed motion to seal, along with a revised version of ECF No. 394 that unredacts public information. The Court finds that the remaining redactions and/or sealing requests with respect to ECF Nos. 394-1 to 394-8, 405 and 405-1 to 405-6 are narrowly tailored to prevent unauthorized dissemination of confidential communications between Takeda and its legal counsel and, therefore, the Court grants the sealing request with respect to those documents. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 9/16/2022) Filed In Associated Cases: 1:13-cv-09244-RA-SDA et al. (ama)
March 2, 2022 Opinion or Order Filing 203 ORDER granting #202 Motion for John P. Bjork to Appear Pro Hac Vice. The motion of John P. Bjork for admission to practice pro hac vice in the above- captioned action is granted. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 3/2/2022) (kl)
March 1, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #202 MOTION for John Paul Bjork to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25790509. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
February 28, 2022 Opinion or Order Filing 202 MOTION for John Paul Bjork to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25790509. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Supplement Declaration, #2 Supplement Certificate of Good Standing, #3 Text of Proposed Order).(Bjork, John)
December 10, 2021 Opinion or Order Filing 201 NOTICE OF APPEARANCE by Whitney Erin Street on behalf of Meijer Distribution, Inc., Meijer, Inc.. Filed In Associated Cases: 1:13-cv-09244-RA-SDA, 1:15-cv-03278-RA-SDA.(Street, Whitney)
October 18, 2021 Opinion or Order Filing 200 ORDER: It is hereby Ordered that, on Thursday, November 18, 2021, the parties shall file a joint letter regarding the status of discovery. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/18/2021) Filed In Associated Cases: 1:13-cv-09244-RA-SDA et al. (kv)
September 15, 2021 Opinion or Order Filing 199 MANDATE of USCA (Certified Copy) USCA Case Number 20-2002. IT IS HEREBY ORDERED, ADJUDGED and DECREED that the district court's denial of Takeda's motion to dismiss is AFFIRMED and the case is REMANDED to the district court for further proceedings consistent with this Cour'ts opinion... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 9/15/2021..(nd)
September 15, 2021 Opinion or Order Transmission of USCA Mandate to the District Judge re: #199 USCA Mandate,..(nd)
August 26, 2021 Opinion or Order Filing 198 ORDER: Following the Second Circuit's decision on Takeda's interlocutory appeal (see USCA Opinion, ECF No. 334), the parties are directed to appear for a telephone conference on Friday, September 24, 2021, at 11:00 a.m. to discuss the status of this action. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. At least one week prior to the conference, the parties shall file a joint letter regarding proposed next steps and a proposed schedule. SO ORDERED., Telephone Conference set for 9/24/2021 at 11:00 AM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 8/26/2021) Filed In Associated Cases: 1:13-cv-09244-RA-SDA et al. (rj)
August 25, 2021 Opinion or Order Filing 197 USCA OPINION (Certified). USCA Case Number 20-2002. Purchasers of brand diabetes drug ACTOS brought suit against the manufacturer ("Takeda") for improperly describing its patents to the Food and Drug Administration, in effect extending the duration of its patent protection over ACTOS and delaying generic competition. The district court denied Takeda's motion to dismiss, concluding that the alleged patent descriptions were incorrect under the HatchWaxman Act and pertinent regulations. On this interlocutory appeal, we hold that under the "Listing Requirement" of 21 U.S.C. 355(b)(1), a combination patent does not "claim" any of its component drug substances past their individual patent expiration dates. We further hold that the purchasers were not required to allege that Takeda's interpretation of the Listing Requirement was unreasonable in order to plead a monopolization claim under the Sherman Act. AFFIRMED and REMANDED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/25/2021..(nd)
August 25, 2021 Opinion or Order Transmission of USCA Opinion to the District Judge re: #197 USCA Opinion..(nd)
July 20, 2020 Opinion or Order Appeal Record Sent to USCA (Electronic File). USCA Case Number 20-2002, Certified Indexed record on Appeal Electronic Files for #195 USCA Order granting leave to appeal pursuant to 28 U.S.C. 1292(b) were transmitted to the U.S. Court of Appeals..(nd)
July 10, 2020 Opinion or Order USCA Appeal Fees received $ 505.00 receipt number 465401262349 on 07/10/2020 re: #195 USCA Order granting leave to appeal. [USCA Case No. 20-2002]..(nd)
July 9, 2020 Opinion or Order Filing 196 MANDATE of USCA (Certified Copy) USCA Case Number 20-481; 20-485. In both proceedings, Petitioners move, pursuant to 28 U.S.C. 1292(b), for leave to appeal interlocutory orders of the district court and for leave to file replies. Upon due consideration, it is hereby ORDERED that the motions for leave to file replies and the petitions for immediate appeal are GRANTED. See Klinghoffer v. S.N.C. Achille Lauro, 921 F.2d 21, 23-25 (2d Cir. 1990). It is further ORDERED that the two appeals proceed in tandem. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As MANDATE: 07/08/2020..(nd)
June 24, 2020 Opinion or Order Filing 195 ORDER of USCA (Certified Copy) USCA Case Number 20-481; 20-485. In both proceedings, Petitioners move, pursuant to 28 U.S.C. 1292(b), for leave to appeal interlocutory orders of the district court and for leave to file replies. Upon due consideration, it is hereby ORDERED that the motions for leave to file replies and the petitions for immediate appeal are GRANTED. See Klinghoffer v. S.N.C. Achille Lauro, 921 F.2d 21, 23-25 (2d Cir. 1990). It is further ORDERED that the two appeals proceed in tandem. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 06/24/2020. Filed In Associated Cases: 1:13-cv-09244-RA-SDA, 1:15-cv-03278-RA-SDA.(nd)
June 24, 2020 Opinion or Order APPEAL FEE DUE re: (195 in 1:15-cv-03278-RA-SDA, 332 in 1:13-cv-09244-RA-SDA) USCA Order granting leave to appeal. $505.00 Appeal filing fee due. Filed In Associated Cases: 1:13-cv-09244-RA-SDA, 1:15-cv-03278-RA-SDA.(nd)
February 27, 2020 Opinion or Order Filing 194 MEMORANDUM OF LAW in Opposition re: (321 in 1:13-cv-09244-RA-SDA) MOTION to Stay proceedings pending interlocutory appeal. . Document filed by ALL PLAINTIFFS. Filed In Associated Cases: 1:13-cv-09244-RA-SDA et al..(Arnold, Gregory)
February 11, 2020 Opinion or Order Filing 193 NOTICE OF CHANGE OF ADDRESS by Karen Hoffman Lent on behalf of Actavis PLC, Watson Laboratories, Inc.. New Address: Skadden, Arps, Slate, Meagher & Flom LLP, One Manhattan West, New York, New York, 10001, (Effective March 2, 2020)..(Lent, Karen)
January 30, 2020 Opinion or Order Filing 192 NOTICE OF APPEARANCE by David Kirkpatrick Lukmire on behalf of Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharamceuticals, U.S.A., Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceutical Company Limited, Takeda Pharmaceuticals U.S.A., Inc.. Filed In Associated Cases: 1:13-cv-09244-RA-SDA et al.(Lukmire, David)
January 28, 2020 Opinion or Order Filing 191 JOINT STIPULATION REGARDING CASE COORDINATION. The parties to In re ACTOS Direct Purchaser Antitrust Litigation, No. 15-cv-03278 (the "DPP action" or "DPP docket") and In re ACTOS End-Payor Antitrust Litigation, No. 1:13-cv-09244 (the "EPP action" or "EPP docket") (collectively, the DPP action and EPP action are referred to as the "Coordinated actions") submit this stipulation to (1) ensure efficiency in pretrial proceedings and (2) establish a procedure for streamlining docket filings in both cases. The parties hereby agree and ask the Court to enter an order and, to the extent necessary, direct the Clerk of Court as follows: (1) The Clerk of Court is directed to treat as related the dockets for the EPP action and DPP action and to designate the EPP action as the lead case and docket. (2) No further pretrial filings shall be made in the DPP docket. (3) The Clerk of Court is directed to rename the EPP action as follows: In re ACTOS Antitrust Litigation. (4) All documents filed in the Coordinated action shall bear the caption as further specified herein, and as further set forth and specified in this Joint Stipulation Regarding Case Coordination. So ordered. (Signed by Magistrate Judge Stewart D. Aaron on 1/28/2020) Filed In Associated Cases: 1:13-cv-09244-RA-SDA, 1:15-cv-03278-RA-SDA, as per Chambers. (rjm)
January 28, 2020 Opinion or Order Filing 190 ORDER granting #161 Motion for Certificate of Appealability; denying as moot #184 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 28, 2020 Opinion or Order CONSOLIDATED MEMBER CASE: Create association to 1:13-cv-09244-RA-SDA. (rjm)
January 17, 2020 Opinion or Order Filing 189 PROPOSED STIPULATION AND ORDER. Document filed by Cesar Castillo, Inc., Meijer Distribution, Inc., Meijer, Inc.. (Arnold, Gregory)
January 17, 2020 Opinion or Order Filing 188 SCHEDULING ORDER: Having reviewed the parties' January 15, 2020 Joint Letter and Proposed Discovery Schedule (see 13-cv-9244 ECF No. 312), the Court hereby approves a modified version of the case schedule, as set forth in Exhibit A. SO ORDERED. Amended Pleadings due by 10/30/2020. Joinder of Parties due by 10/30/2020. Responses due by 4/9/2021 Fact Discovery due by 1/29/2021. Expert Discovery due by 10/1/2021. (Signed by Magistrate Judge Stewart D. Aaron on 1/17/2020) (va)
January 11, 2020 Opinion or Order Filing 187 ORDER granting in part and denying in part #183 Motion: 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)
January 10, 2020 Opinion or Order Filing 186 REPLY MEMORANDUM OF LAW in Support re: #183 MOTION Date by Which Takeda Must Decide Whether It Will Rely Upon a "Regulatory Justification" Defense re: #177 Order, Set Deadlines, Set Hearings,,,,,,,,,,,,,,, . . Document filed by Cesar Castillo, Inc., Meijer Distribution, Inc., Meijer, Inc.. (Arnold, Gregory)
January 3, 2020 Opinion or Order Filing 185 MEMORANDUM OF LAW in Opposition re: #183 MOTION Date by Which Takeda Must Decide Whether It Will Rely Upon a "Regulatory Justification" Defense re: #177 Order, Set Deadlines, Set Hearings,,,,,,,,,,,,,,, . . Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Reed, Steven)
December 24, 2019 Opinion or Order Filing 184 LETTER MOTION for Oral Argument addressed to Judge Ronnie Abrams from Steven A. Reed dated December 24, 2019. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc..(Reed, Steven)
December 24, 2019 Opinion or Order Filing 183 MOTION Date by Which Takeda Must Decide Whether It Will Rely Upon a "Regulatory Justification" Defense re: #177 Order, Set Deadlines, Set Hearings,,,,,,,,,,,,,,, . Document filed by Meijer Distribution, Inc., Meijer, Inc..(Arnold, Gregory)
December 24, 2019 Opinion or Order Filing 182 REPLY MEMORANDUM OF LAW in Support re: #161 MOTION for Certificate of Appealability for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). . Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Reed, Steven)
December 18, 2019 Opinion or Order Filing 181 STIPULATION AND ORDER ON DISCOVERY PROTOCOL: NOW, THEREFORE, IT IS STIPULATED by and between the parties to the DPP action and the EPP action through their undersigned counsel that: (1) The terms of the protective order entered in the EPP action [Dkt #190] shall also govern in the DPP action; (2) The terms of the expert stipulation entered in the EPP action [Dkt #191] shall also govern in the DPP action;(3) The terms of the ESI order entered in the EPP action [Dkt #193] are amended as further set forth in this order. (Signed by Magistrate Judge Stewart D. Aaron on 12/18/2019) (js)
December 17, 2019 Opinion or Order Filing 180 PROPOSED STIPULATION AND ORDER. Document filed by Meijer Distribution, Inc., Meijer, Inc.. (Arnold, Gregory)
December 13, 2019 Opinion or Order Filing 179 DECLARATION of MATTHEW C. WEINER in Opposition re: #161 MOTION for Certificate of Appealability for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b).. Document filed by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Exhibit A)(Arnold, Gregory)
December 13, 2019 Opinion or Order Filing 178 MEMORANDUM OF LAW in Opposition re: #161 MOTION for Certificate of Appealability for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). . Document filed by Meijer Distribution, Inc., Meijer, Inc.. (Arnold, Gregory)
December 11, 2019 Opinion or Order Filing 177 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 by 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, 2020. 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, February 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)
December 11, 2019 Opinion or Order Set/Reset Deadlines: Fact Discovery due by 1/29/2021. (js)
December 10, 2019 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Scheduling Conference held on 12/10/2019. (Court Reporter Lisa Smith) (kl)
December 9, 2019 Opinion or Order Filing 176 RULE 26 DISCLOSURE.Document filed by Cesar Castillo, Inc., Meijer Distribution, Inc., Meijer, Inc..(Arnold, Gregory)
December 9, 2019 Opinion or Order Filing 175 RULE 26 DISCLOSURE.Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc..(Reed, Steven)
December 9, 2019 Opinion or Order Filing 174 ORDER: The Court's 10/24/19 Order (13-cv-09244, ECf No. 282; 15-cv-03278, ECF No. 142) required the parties to (serve and) file their Initial Disclosures with the Court no later than Friday, 12/6/19. The Initial Disclosures have not yet been filed. It is HEREBY ORDERED that the parties file their Initial Disclosures with the Court as soon as possible, but no later than 5pm today (12/9/19), so that the Court may review the Initial Disclosures in advance of the 12/10/19, 2pm scheduling conference. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 12/9/2019) (Text Only Order)(kl)
December 6, 2019 Opinion or Order Filing 173 ANSWER to #152 Amended Complaint,. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc..(Reed, Steven)
December 6, 2019 Opinion or Order Filing 172 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Takeda Pharmaceuticals International AG, Corporate Parent Takeda Pharmaceuticals Limited for Takeda Pharmaceuticals U.S.A., Inc.; Corporate Parent Takeda Pharmaceuticals U.S.A., Inc. for Takeda Development Center Americas, Inc.. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc..(Reed, Steven)
December 4, 2019 Opinion or Order Filing 171 ORDER granting #164 Letter Motion for Extension of Time to File Response/Reply. NOW, THEREFORE, it is hereby ORDERED that 1. The direct purchaser plaintiffs and the end-payor plaintiffs are permitted to file their opposition to the defendants' Motion for Certification for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b) by December 14, 2019 and the defendants are permitted to file their reply by December 24, 2019. Responses due by 12/14/2019 Replies due by 12/24/2019. (Signed by Magistrate Judge Stewart D. Aaron on 12/4/2019) (kl)
December 4, 2019 Opinion or Order Filing 170 ORDER granting #167 Motion for David Paul Germaine to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
December 4, 2019 Opinion or Order Filing 169 ORDER granting #166 Motion for Paul Ethan Slater to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
December 4, 2019 Opinion or Order Filing 168 ORDER granting #165 Motion for Joseph Michael Vanek to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
December 4, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #165 MOTION for Joseph Michael Vanek to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18196072. Motion and supporting papers to be reviewed by Clerk's Office staff., #166 MOTION for Paul Ethan Slater to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18196324. Motion and supporting papers to be reviewed by Clerk's Office staff., #167 MOTION for David Paul Germaine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18196528. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
December 3, 2019 Opinion or Order Filing 167 MOTION for David Paul Germaine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18196528. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Supplement Declaration, #2 Supplement Certificate of Good Standing, #3 Text of Proposed Order)(Germaine, David)
December 3, 2019 Opinion or Order Filing 166 MOTION for Paul Ethan Slater to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18196324. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Supplement Declaration, #2 Supplement Certificate of Good Standing, #3 Text of Proposed Order)(Slater, Paul)
December 3, 2019 Opinion or Order Filing 165 MOTION for Joseph Michael Vanek to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18196072. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Supplement Declaration, #2 Supplement Certificate of Good Standing, #3 Text of Proposed Order)(Vanek, Joseph)
December 3, 2019 Opinion or Order Filing 164 LETTER MOTION for Extension of Time to File Response/Reply as to #161 MOTION for Certificate of Appealability for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). addressed to Judge Ronnie Abrams from Greg Arnold dated December 3, 2019. Document filed by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Text of Proposed Order Exhibit A)(Arnold, Gregory)
November 25, 2019 Opinion or Order Filing 163 ORDER FOR ADMISSION PRO HAC VICE granting #160 Motion for Melina R. DiMattio to Appear Pro Hac Vice. The motion of Melina R. DiMattiofor admission to practice pro hac vice in the above-captioned action is granted. (Signed by Magistrate Judge Stewart D. Aaron on 11/25/2019) (kl)
November 22, 2019 Opinion or Order Filing 162 MEMORANDUM OF LAW in Support re: #161 MOTION for Certificate of Appealability for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). . Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Reed, Steven)
November 22, 2019 Opinion or Order Filing 161 MOTION for Certificate of Appealability for Interlocutory Appeal Pursuant to 28 U.S.C. 1292(b). Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc..(Reed, Steven)
November 22, 2019 Opinion or Order Filing 160 MOTION for Melina R. DiMattio to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18130394. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Attachments: #1 Declaration of Melina R. DiMattio, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Dimattio, Melina)
November 22, 2019 Opinion or Order Filing 159 ORDER FOR ADMISSION PRO HAC VICE granting #158 Motion for Scott A. Stempel to Appear Pro Hac Vice. (Signed by Magistrate Judge Stewart D. Aaron on 11/22/2019) (va) Modified on 12/2/2019 (va).
November 22, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #160 MOTION for Melina R. DiMattio to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18130394. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
November 22, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #158 MOTION for Scott A. Stempel to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
November 21, 2019 Opinion or Order Filing 158 MOTION for Scott A. Stempel to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Attachments: #1 Declaration of Scott A. Stempel, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Stempel, Scott)
November 21, 2019 Opinion or Order Filing 157 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), plaintiff American Sales Company, LLC ("ASC") and its counsel hereby give notice that ASC dismisses, without prejudice, its claims in the above-captioned matter. (American Sales Company, LLC (on behalf of itself and all others similarly situated) terminated.) (Signed by Judge Ronnie Abrams on 11/21/2019) (jwh)
November 21, 2019 Opinion or Order Filing 156 DECLARATION of Steven A. Reed in Support re: #155 Proposed Order for Substitution of Attorney. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Reed, Steven)
November 21, 2019 Opinion or Order Filing 155 PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Reed, Steven)
November 20, 2019 Opinion or Order Filing 154 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. Document filed by American Sales Company, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Sobol, Thomas)
November 20, 2019 Opinion or Order Filing 153 RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Meijer Distribution, Inc., Meijer, Inc..(Sobol, Thomas)
November 20, 2019 Opinion or Order Filing 152 FOURTH AMENDED COMPLAINT amending #110 Amended Complaint,, against Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc. with JURY DEMAND.Document filed by American Sales Company, LLC, Cesar Castillo, Inc., Meijer, Inc., Meijer Distribution, Inc.. Related document: #110 Amended Complaint,,.(Sobol, Thomas)
November 20, 2019 Opinion or Order ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #154 Notice of Voluntary Dismissal was reviewed and referred to Judge Ronnie Abrams for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
November 19, 2019 Opinion or Order Filing 151 ORDER GRANTING DIRECT PURCHASER PLAINTIFFS LEAVE TO FILE AMENDED COMPLAINT: NOW, THEREFORE, it is hereby ORDERED that 1. The direct purchaser plaintiffs are permitted to file the fourth consolidated class action complaint and jury demand in the form attached as Exhibit A to their motion to amend (ECF No. 138-1), and shall do so within three (3) days of the entry of this Order; 2. Takeda Pharmaceutical Company Limited, Takeda America Holdings, Inc., Takeda Pharmaceuticals U.S.A., Inc., and Takeda Development Center Americas, Inc.(collectively Takeda) shall answer the fourth consolidated class action complaint within twenty (20) days of its filing; 3. This Court's opinion and order of October 8, 2019 (ECF No. 131) shall apply to all claims and parties in the fourth consolidated class action complaint, and pursuant to that opinion and order and for the reasons set forth therein, Counts II through VIII of the fourth consolidated class action complaint are hereby dismissed (the "Dismissed Counts"); 4. Takeda shall have no obligation to respond to the Dismissed Counts;5. Generic Defendants shall have no obligation to respond to the fourth consolidated class action complaint. (Signed by Judge Ronnie Abrams on 11/19/2019) Filed In Associated Cases: 1:15-cv-03278-RA-SDA, 1:15-cv-03505-RA(ama)
November 15, 2019 Opinion or Order Filing 150 LETTER addressed to Magistrate Judge Stewart D. Aaron from Greg Arnold dated November 15, 2019 re: Submission of New Proposed Order Granting Direct Purchaser Plaintiffs' Motion for Leave to Amend Complaint Pursuant to Court's November 11, 2019 Order (ECF No. 149). Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Attachments: #1 Proposed Order)(Arnold, Gregory)
November 11, 2019 Opinion or Order Filing 149 ORDER re: #137 MOTION to Amend/Correct Notice of Motion for Leave to File Amended Complaint, or, in the Alternative, Add a Party. filed by Cesar Castillo, Inc., American Sales Company, LLC: The Court will not grant the proposed Order in its present form (see ECF No. 137-1), as it purports to grant relief in the alternative, i.e., both the motion to amend and the motion to add parties.... Within seven days of the date of this Order, the direct purchaser plaintiffs, after consultation with the defendants, shall submit a new proposed order setting forth which relief plaintiffs seek to have granted. (Signed by Magistrate Judge Stewart D. Aaron on 11/11/2019) (Aaron, Stewart)
November 8, 2019 Opinion or Order Filing 148 ORDER FOR ADMISSION PRO HAC VICE granting #146 Motion for R. Brendan Fee to Appear Pro Hac Vice. (Signed by Magistrate Judge Stewart D. Aaron on 11/8/2019) (rjm)
November 8, 2019 Opinion or Order Filing 147 ORDER FOR ADMISSION PRO HAC VICE granting #145 Motion for Steven A. Reed to Appear Pro Hac Vice. The motion of Steven A. Reed for admission to practice pro hac vice in the above-captioned action is granted. (Signed by Magistrate Judge Stewart D. Aaron on 11/8/2019) (kl)
November 8, 2019 Opinion or Order Filing 146 MOTION for R. Brendan Fee to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Attachments: #1 Declaration of R. Brendan Fee, #2 Certificates of Good Standing, #3 Text of Proposed Order)(Fee, R.)
November 8, 2019 Opinion or Order Filing 145 MOTION for Steven A. Reed to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17944919. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Attachments: #1 Declaration of Steven A. Reed in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Reed, Steven)
November 8, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #145 MOTION for Steven A. Reed to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17944919. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 8, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #146 MOTION for R. Brendan Fee to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 6, 2019 Opinion or Order Filing 144 NOTICE OF APPEARANCE by Alexander James Scolnik on behalf of Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Scolnik, Alexander)
October 24, 2019 Opinion or Order Filing 143 ORDER granting #141 Letter Motion for Extension of Time to Answer. Application GRANTED on consent. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/24/2019) (kl)
October 24, 2019 Opinion or Order Filing 142 ORDER: NOW, THEREFORE, it is hereby ORDERED, as follows: 1.The parties shall serve and file their initial disclosures no later than Friday, December 6, 2019. 2.The parties shall appear for a scheduling conference before Magistrate Judge Aaron on Tuesday, December 10, 2019, at 2:00 p.m. During the conference the Court shall further address the issues raised in the parties' letters. 3. In the interim, the parties can and should begin serving discovery requests. SO ORDERED. (Scheduling Conference set for 12/10/2019 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 10/24/2019) (kl)
October 23, 2019 Opinion or Order Filing 141 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Stewart D. Aaron from Rohit K. Singla and Greg Arnold dated October 23, 2019. Document filed by Takeda Pharmaceuticals U.S.A., Inc..(Lawton, Adam)
October 23, 2019 Opinion or Order Filing 140 LETTER addressed to Judge Ronnie Abrams from Direct Purchaser Plaintiffs and End -Payor Plaintiffs dated October 23, 2019 re: Proposed Schedule. Document filed by American Sales Company, LLC, Cesar Castillo, Inc..(Goldstein, Jayne)
October 23, 2019 Opinion or Order Filing 139 LETTER addressed to Magistrate Judge Stewart D. Aaron from Rohit K. Singla dated October 23, 2019 re: Takeda's proposed case management schedule. Document filed by Takeda Pharmaceuticals U.S.A., Inc..(Lawton, Adam)
October 22, 2019 Opinion or Order Filing 138 MEMORANDUM OF LAW in Support re: #137 MOTION to Amend/Correct Notice of Motion for Leave to File Amended Complaint, or, in the Alternative, Add a Party. . Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Attachments: #1 Exhibit A)(Sobol, Thomas)
October 22, 2019 Opinion or Order Filing 137 MOTION to Amend/Correct Notice of Motion for Leave to File Amended Complaint, or, in the Alternative, Add a Party. Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Attachments: #1 Text of Proposed Order Granting Direct Purchaser Plaintiffs Leave to File Amended Complaint)(Sobol, Thomas)
October 21, 2019 Opinion or Order Filing 136 MEMO ENDORSEMENT on re: #135 Letter, filed by Cesar Castillo, Inc., American Sales Company, LLC. ENDORSEMENT: The joint request to submit 3-page letter briefs by 10/23/19 is GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/21/2019) (kl)
October 18, 2019 Opinion or Order Filing 135 JOINT LETTER addressed to Judge Ronnie Abrams from Direct Purchaser Plaintiffs, End -Payor Plaintiffs and Defendants dated October 18, 2019 re: Proposed Schedule. Document filed by American Sales Company, LLC, Cesar Castillo, Inc..(Goldstein, Jayne)
October 17, 2019 Opinion or Order Filing 134 ORDER granting #133 LETTER MOTION for Extension of Time to File Answer re: #110 Amended Complaint, addressed to Judge Ronnie Abrams from Rohit K. Singla dated October 17, 2019. Document filed by Takeda Pharmaceuticals U.S.A., Inc. Application GRANTED. SO ORDERED. Takeda America Holdings, Inc. answer due 10/29/2019; Takeda Development Center Americas, Inc. answer due 10/29/2019; Takeda Pharmaceutical Co. Ltd. answer due 10/29/2019; Takeda Pharmaceuticals U.S.A., Inc. answer due 10/29/2019. (Signed by Magistrate Judge Stewart D. Aaron on 10/17/2019) (rjm)
October 17, 2019 Opinion or Order Filing 133 LETTER MOTION for Extension of Time to File Answer re: #110 Amended Complaint,, addressed to Judge Ronnie Abrams from Rohit K. Singla dated October 17, 2019. Document filed by Takeda Pharmaceuticals U.S.A., Inc..(Lawton, Adam)
October 10, 2019 Opinion or Order Filing 132 ORDER: In view of the Opinion and Order entered by Judge Abrams on October 8, 2019 regarding Defendants' motions to dismiss (ECF No. 131), the parties shall meet and confer to prepare a joint letter to me regarding their proposals for moving this case forward to resolution. The letter shall address the discovery needed by each side, as well as a proposed schedule for such discovery, and any other matters the parties wish to raise. The letter shall be filed no later than October 18, 2019. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/10/2019) (kl)
October 8, 2019 Opinion or Order Filing 131 OPINION AND ORDER: For the foregoing reasons, Defendants' motions to dismiss Counts II through VIII of the Complaint is GRANTED. Takeda's motion to dismiss Count I is DENIED. The Clerk of Court is directed to lift the stay of this case. SO ORDERED. Case Stay Lifted. (Signed by Judge Ronnie Abrams on 10/8/2019) (jca)
April 15, 2019 Opinion or Order Filing 130 MEMO ENDORSEMENT on re: (129 in 1:15-cv-03278-RA-SDA) Notice (Other) filed by Teva Pharmaceutical Industries, Ltd. ENDORSEMENT: SO ORDERED. Teva Pharmaceuticals USA, Inc., Attorney Devin Allan Debacker terminated. (Signed by Judge Ronnie Abrams on 4/15/2019) Filed In Associated Cases: 1:15-cv-03278-RA-SDA, 1:15-cv-03505-RA(jca)
April 12, 2019 Opinion or Order Filing 129 NOTICE of Withdrawal of Attorney Devin A. DeBacker. Document filed by Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc.. (O'Quinn, John)
March 27, 2019 Opinion or Order Filing 128 NOTICE OF CHANGE OF ADDRESS by Devin Allan Debacker on behalf of Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc.. New Address: Kirkland & Ellis LLP, 1301 Pennsylvania Avenue, N.W., Washington, DC, USA 20004, (202) 389-5000. (Debacker, Devin)
March 27, 2019 Opinion or Order Filing 127 NOTICE OF CHANGE OF ADDRESS by Katherine R. Katz on behalf of Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc.. New Address: Kirkland & Ellis LLP, 1301 Pennsylvania Avenue, N.W., Washington, DC, USA 20004, 202-389-5000. (Katz, Katherine)
March 21, 2019 Opinion or Order Filing 126 NOTICE OF CHANGE OF ADDRESS by John C. O'Quinn on behalf of Teva Pharmaceuticals USA, Inc.. New Address: Kirkland & Ellis LLP, 1301 Pennsylvania Avenue, N.W., Washington, DC, USA 20004, (202) 389-5000. (O'Quinn, John)
October 23, 2018 Opinion or Order Minute Entry for proceedings held before Judge Ronnie Abrams: Oral Argument held on 10/23/2018 re: #101 Memorandum of Law in Support of Motion, filed by Takeda Pharmaceutical Co. Ltd., Takeda Development Center Americas, Inc., Takeda Pharmaceuticals U.S.A., Inc., Takeda America Holdings, Inc., #98 Memorandum of Law in Support of Motion,, filed by Ranbaxy, Inc., Actavis plc, Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc., Actavis PLC, Teva Pharmaceutical Industries, Ltd., Sun Pharmaceutical Industries Ltd., Ranbaxy Pharmaceuticals, Inc., Ranbaxy Laboratories Ltd., Mylan Pharmaceuticals, Inc., Mylan, Inc. (Court Reporter Tom Murray) (arc)
October 15, 2018 Opinion or Order Filing 125 ORDER granting #121 Motion for Devin A. DeBacker to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie)
October 15, 2018 Opinion or Order Filing 124 ORDER granting #120 Motion for Katherine R. Katz to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie)
October 12, 2018 Opinion or Order Filing 123 MEMO ENDORSEMENT on MOTION FOR WITHDRAWAL OF APPEARANCE granting (119) Motion to Withdraw in case 1:15-cv-03278-RA-SDA. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. ** Attorney Thane D. Scott terminated. (Signed by Judge Ronnie Abrams on 10/12/2018) ***Pursuant to instructions from Chambers, Filed In Member Cases: 1:15-cv-03278-RA-SDA, 1:15-cv-03505-RA (anc) Modified on 10/12/2018 (anc).
October 12, 2018 Opinion or Order Filing 122 NOTICE of of Withdrawal of Attorney Ross L. Weiner. Document filed by Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc.. (O'Quinn, John)
October 12, 2018 Opinion or Order Filing 121 MOTION for Devin A. DeBacker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15738074. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Affidavit of D. DeBacker, #2 Text of Proposed Order Proposed Order)(Debacker, Devin)
October 12, 2018 Opinion or Order Filing 120 MOTION for Katherine R. Katz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15737554. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Affidavit Affidavit of K. Katz, #2 Text of Proposed Order Proposed Order)(Katz, Katherine)
October 12, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #120 MOTION for Katherine R. Katz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15737554. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
October 12, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #121 MOTION for Devin A. DeBacker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15738074. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 4, 2018 Opinion or Order Filing 119 MOTION to Withdraw appearance of Thane D. Scott. Document filed by Ranbaxy Pharmaceuticals, Inc., Ranbaxy, Inc., Sun Pharmaceutical Industries Ltd..(Scott, Thane)
September 20, 2018 Opinion or Order Set/Reset Hearings: Oral Argument rescheduled for 10/23/2018 at 02:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (arc)
July 12, 2018 Opinion or Order Filing 118 MEMO ENDORSEMENT on re: (266 in 1:13-cv-09244-RA-SDA) Letter, filed by Takeda Pharmaceutical Company Limited, Takeda Pharamceuticals, U.S.A., Inc., Takeda Development Center Americas, Inc., Takeda America Holdings, Inc., (117 in 1:15-cv-03278-RA-SDA) Letter, filed by Takeda Pharmaceutical Co. Ltd., Takeda Development Center Americas, Inc., Takeda Pharmaceuticals U.S.A., Inc., Takeda America Holdings, Inc. ENDORSEMENT: The joint oral argument in 13-cv-9244 and 15-cv-3278 is rescheduled for October 5, 2018, at 2:45 p.m. SO ORDERED. (Oral Argument set for 10/5/2018 at 02:45 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 7/12/2018) (anc)
July 9, 2018 Opinion or Order Filing 117 LETTER addressed to Judge Ronnie Abrams from Rohit K. Singla dated 07/09/2018 re: Hearing Date on Motion to Dismiss. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc..(Singla, Rohit)
June 29, 2018 Opinion or Order Filing 116 MEMO ENDORSEMENT on re: #115 Letter, filed by Cesar Castillo, Inc., American Sales Company, LLC. ENDORSEMENT: Application granted. Joint oral argument will be held in 13-CV-9244 and 15-CV-3278, on August 16, 2018, at 3:00 p.m., to address the motions to dismiss pending in those actions. The request to file an amicus brief in 13-CV-9244 is also granted, as is Takeda's request to file a response to that amicus brief. The amicus brief shall be filed no later than July 3, 2018, and Takeda shall have until July 20, 2018 to respond. No additional written replies or responses will be allowed. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 262 in case 13-CV-9244. SO ORDERED. (Oral Argument set for 8/16/2018 at 03:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 6/29/2018) (anc) Modified on 7/2/2018 (anc).
June 5, 2018 Opinion or Order Filing 115 LETTER addressed to Judge Ronnie Abrams from Thomas M. Sobol dated June 5, 2018 re: Combined Oral Argument on Pending Motions to Dismiss. Document filed by American Sales Company, LLC, Cesar Castillo, Inc..Filed In Associated Cases: 1:15-cv-03278-RA-SDA, 1:15-cv-03505-RA(Sobol, Thomas)
February 13, 2018 Opinion or Order Filing 114 LETTER addressed to Judge Ronnie Abrams from Thomas M. Sobol dated February 13, 2018 re: Direct Purchaser Class Plaintiffs' Response to Takeda's Invocation of Lantus as Supplemental Authority. Document filed by American Sales Company, LLC, Cesar Castillo, Inc..(Sobol, Thomas)
January 31, 2018 Opinion or Order Filing 113 NOTICE of Withdrawal of Appearance of Bradley J. Demuth. Document filed by Cesar Castillo, Inc.. Filed In Associated Cases: 1:15-cv-03278-RA-SDA, 1:15-cv-03505-RA(Demuth, Bradley)
January 22, 2018 Opinion or Order Filing 112 LETTER addressed to Judge Ronnie Abrams from Rohit K. Singla dated January 22, 2018 re: Supplemental Authority Relating to Takeda's Motion to Dismiss Count 1. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc..(Lawton, Adam)
December 12, 2017 Opinion or Order Filing 111 ORDER: This action has been referred to Magistrate Judge Stewart D. Aaron for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions and settlement, pursuant to 28 U.S.C. 636(b)(1)(A). All pretrial motions and applications, including those related to scheduling and discovery, must be made to Judge Aaron and in compliance with thisCourt's Individual Practices in Civil Cases, available at http://nysd.uscourts.gov/judge/Aaron. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 12/12/2017) Filed In Associated Cases: 1:15-cv-03278-RA-SDA, 1:15-cv-03505-RA(ama)
December 4, 2017 Opinion or Order NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Stewart D. Aaron. Please note that this is a reassignment of the designation only. (ma)
December 4, 2017 Opinion or Order NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Stewart D. Aaron, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Ronald L. Ellis no longer referred to the case. (ma)
November 16, 2017 Opinion or Order Filing 110 THIRD AMENDED COMPLAINT amending #55 Amended Complaint,, against Actavis PLC, Mylan Pharmaceuticals, Inc., Mylan, Inc., Ranbaxy Laboratories Ltd., Ranbaxy Pharmaceuticals, Inc., Ranbaxy, Inc., Sun Pharmaceutical Industries Ltd., Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc. with JURY DEMAND.Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. Related document: #55 Amended Complaint,,.(Sobol, Thomas)
November 3, 2017 Opinion or Order Filing 109 MEMO ENDORSED ORDER granting (95) Motion to Amend/Correct in case 1:15-cv-03278-RA-RLE. Plaintiffs' unopposed motion for leave to file a Third Consolidated Class Action Complaint is granted. The Clerk of Court is respectfully directed to terminate the motion pending at Docket Entry 95. The Court is in receipt of the parties' supplemental submissions in connection with Defendants' motions to dismiss. The Court shall advise the parties whether oral argument is necessary and, if so, request that the parties jointly propose a date and time for argument. (Signed by Judge Ronnie Abrams on 11/3/2017) Filed In Associated Cases: 1:15-cv-03278-RA-RLE, 1:15-cv-03505-RA (rj)
June 29, 2017 Opinion or Order Filing 108 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #64 MOTION to Dismiss Count 1 of the Second Consolidated Complaint. . Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Lawton, Adam)
June 29, 2017 Opinion or Order Filing 107 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #58 JOINT MOTION to Dismiss Second Consolidated Class Action Complaint for Lack of Antitrust Injury., #61 JOINT MOTION to Dismiss the Second Consolidated Complaint. . Document filed by Actavis PLC, Mylan Pharmaceuticals, Inc., Mylan, Inc., Ranbaxy Laboratories Ltd., Ranbaxy Pharmaceuticals, Inc., Ranbaxy, Inc., Sun Pharmaceutical Industries Ltd., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (O'Quinn, John)
June 1, 2017 Opinion or Order Filing 106 DECLARATION of Greg Arnold in Opposition re: #64 MOTION to Dismiss Count 1 of the Second Consolidated Complaint., #58 JOINT MOTION to Dismiss Second Consolidated Class Action Complaint for Lack of Antitrust Injury., #61 JOINT MOTION to Dismiss the Second Consolidated Complaint.. Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Sobol, Thomas)
June 1, 2017 Opinion or Order Filing 105 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #64 MOTION to Dismiss Count 1 of the Second Consolidated Complaint., #58 JOINT MOTION to Dismiss Second Consolidated Class Action Complaint for Lack of Antitrust Injury., #61 JOINT MOTION to Dismiss the Second Consolidated Complaint. . Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Sobol, Thomas)
May 25, 2017 Opinion or Order Filing 104 MEMO ENDORSEMENT on re: #103 Letter, filed by Cesar Castillo, Inc., American Sales Company, LLC. ENDORSEMENT: Application granted. (Responses due by 6/1/2017, Replies due by 6/29/2017.) (Signed by Judge Ronnie Abrams on 5/25/2017) (cf)
May 25, 2017 Opinion or Order Filing 103 LETTER addressed to Judge Ronnie Abrams from Greg Arnold dated May 25, 2017 re: Request for Adjustment to Schedule for Supplemental Briefing on Defendants' Motions to Dismiss. Document filed by American Sales Company, LLC, Cesar Castillo, Inc..(Arnold, Gregory)
May 5, 2017 Opinion or Order Filing 102 DECLARATION of Adam R. Lawton (Supplemental) in Support re: #64 MOTION to Dismiss Count 1 of the Second Consolidated Complaint.. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Attachments: #1 Exhibit 14, #2 Exhibit 15, #3 Exhibit 16)(Lawton, Adam)
May 5, 2017 Opinion or Order Filing 101 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #64 MOTION to Dismiss Count 1 of the Second Consolidated Complaint. . Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Lawton, Adam)
May 5, 2017 Opinion or Order Filing 100 DECLARATION of Stacey Anne Mahoney in Support re: #58 JOINT MOTION to Dismiss Second Consolidated Class Action Complaint for Lack of Antitrust Injury., #61 JOINT MOTION to Dismiss the Second Consolidated Complaint.. Document filed by Actavis PLC, Mylan Pharmaceuticals, Inc., Mylan, Inc., Ranbaxy Laboratories Ltd., Ranbaxy Pharmaceuticals, Inc., Ranbaxy, Inc., Sun Pharmaceutical Industries Ltd., Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(O'Quinn, John)
May 5, 2017 Opinion or Order Filing 99 LETTER addressed to Judge Ronnie Abrams from Rohit K. Singla dated 5/5/2017 re: page limits for supplemental briefing on motions to dismiss. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc..(Lawton, Adam)
May 5, 2017 Opinion or Order Filing 98 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #58 JOINT MOTION to Dismiss Second Consolidated Class Action Complaint for Lack of Antitrust Injury., #61 JOINT MOTION to Dismiss the Second Consolidated Complaint. . Document filed by Actavis PLC, Mylan Pharmaceuticals, Inc., Mylan, Inc., Ranbaxy Laboratories Ltd., Ranbaxy Pharmaceuticals, Inc., Ranbaxy, Inc., Sun Pharmaceutical Industries Ltd., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (O'Quinn, John)
April 12, 2017 Opinion or Order Filing 97 MEMO ENDORSEMENT on re: #96 Letter, filed by Cesar Castillo, Inc., American Sales Company, LLC. ENDORSEMENT: Application granted. Once supplemental briefing is complete, the Court will determine whether oral argument is necessary and, if so, request that the parties jointly propose a date and time for argument. (Motions due by 5/5/2017., Responses due by 5/26/2017, Replies due by 6/16/2017.) (Signed by Judge Ronnie Abrams on 4/12/2017) (cf)
April 12, 2017 Opinion or Order Filing 96 LETTER addressed to Judge Ronnie Abrams from Greg Arnold dated April 12, 2017 re: Proposed Schedule for Supplemental Briefing on Defendants' Motions to Dismiss the Direct Purchaser Class Plaintiffs' Complaint. Document filed by American Sales Company, LLC, Cesar Castillo, Inc..(Arnold, Gregory)
April 6, 2017 Opinion or Order Filing 95 MOTION to Amend/Correct Direct Purchaser Class Plaintiffs' Unopposed Motion to Amend the Complaint. Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Attachments: #1 Exhibit 1)(Sobol, Thomas)
April 5, 2017 Opinion or Order Filing 94 LETTER addressed to Judge Ronnie Abrams from Rohit K. Singla dated April 5, 2017 re: plaintiffs' proposed third amended complaint. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc..(Lawton, Adam)
April 5, 2017 Opinion or Order Filing 93 LETTER addressed to Judge Ronnie Abrams from Greg Arnold dated 04/05/17 re: In re Actos Direct Purchaser Litigation, 1:15-cv-3278-RA-RLE. Document filed by American Sales Company, LLC.(Arnold, Gregory)
April 5, 2017 Opinion or Order Filing 92 ORDER: On March 10, 2017, the Court held a telephonic conference in the above- captioned matter. Plaintiffs agreed to move for leave to amend their complaint and to submit a proposed third amended complaint by March 24, 2017. Defendants agreed to advise the Court within one week of service of the amended complaint whether they oppose Plaintiffs' motion. The Court has not yet received a motion for leave to amend or a proposed amended complaint in this case. To the extent that Plaintiffs seek leave to amend their complaint, their motion for leave to amend and a proposed third amended complaint shall be filed no later than April 12, 2017. Amended Pleadings due by 4/12/2017. Motions due by 4/12/2017. (Signed by Judge Ronnie Abrams on 4/5/2017) (ap)
March 10, 2017 Opinion or Order Filing 91 NOTICE OF CHANGE OF ADDRESS by Adam R Lawton on behalf of Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. New Address: Munger, Tolles & Olson LLP, 350 S. Grand Ave., 50th Floor, Los Angeles, CA, 90071, (213) 683-9100. (Lawton, Adam)
March 10, 2017 Opinion or Order Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 3/10/2017. (Court Reporter Jennifer Thun) (arc)
March 7, 2017 Opinion or Order Filing 90 ORDER: A telephonic conference is hereby scheduled for March 10, 2017 at 3:00 p.m. At that time, the parties shall jointly call chambers at (212) 805-0162. (Telephone Conference set for 3/10/2017 at 03:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 3/7/2017) (cf)
March 6, 2017 Opinion or Order Filing 89 LETTER addressed to Judge Ronnie Abrams from Greg Arnold dated 3/6/2017 re: Direct Purchasers' Response to Defendants' 3/2/2017 Letter. Document filed by American Sales Company, LLC, Cesar Castillo, Inc..(Arnold, Gregory)
March 2, 2017 Opinion or Order Filing 88 LETTER addressed to Judge Ronnie Abrams from Seth C. Silber dated March 2, 2017 re: on behalf of the Defendants regarding February 8, 2017 Second Circuit Opinion in the matter of In re Actos End-Payor. Document filed by Mylan Pharmaceuticals, Inc., Mylan, Inc..(Silber, Seth)
June 23, 2016 Opinion or Order Filing 87 NOTICE of Withdrawal of Attorney Gregory L. Skidmore. Document filed by Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc.. (Lefkowitz, Jay)
June 3, 2016 Opinion or Order Filing 86 NOTICE OF CHANGE OF ADDRESS by Bradley J. Demuth on behalf of Cesar Castillo, Inc.. New Address: Nussbaum Law Group, P.C., 1211 Avenue of the Americas, FL 40, New York, NY, United States 10036, 9174389102. Filed In Associated Cases: 1:15-cv-03278-RA-RLE, 1:15-cv-03505-RA(Demuth, Bradley)
June 3, 2016 Opinion or Order Filing 85 NOTICE OF CHANGE OF ADDRESS by Linda P. Nussbaum on behalf of Cesar Castillo, Inc.. New Address: Nussbaum Law Group, P.C., 1211 Avenue of the Americas, 40th Floor, New York, New York, United States 10036-8718, (917) 438-9102. Filed In Associated Cases: 1:15-cv-03278-RA-RLE, 1:15-cv-03505-RA(Nussbaum, Linda)
May 27, 2016 Opinion or Order Filing 84 ORDER: In light of the appeal in In Re: Actos End Payor (No. 15-3364) pending before the Second Circuit (which was recently fully briefed) and the factual and legal overlap presented in that action, it is hereby ORDERED that this case is stayed pending the Circuit's decision in that matter. See LaSala v. Needham & Co., 399 F. Supp. 2d 421, 427 (S.D.N.Y. 2005). The stay will be lifted when the Circuit issues an opinion. See Wing Shing Products (BVI) Ltd. v. Simatelex Manufactory Co., No. 01-CV-1044 (RJH), 2005 WL 912184, at *3 (S.D.N.Y. Apr. 19, 2005). (Signed by Judge Ronnie Abrams on 5/27/2016) (tro)
May 27, 2016 Opinion or Order ***DELETED DOCUMENT. Deleted document number #85 Order. The document was incorrectly filed in this case. (lmb)
April 27, 2016 Opinion or Order Filing 83 REPLY MEMORANDUM OF LAW in Support re: #61 JOINT MOTION to Dismiss the Second Consolidated Complaint. . Document filed by Actavis PLC, Mylan Pharmaceuticals, Inc., Mylan, Inc., Ranbaxy Pharmaceuticals, Inc., Ranbaxy, Inc., Sun Pharmaceutical Industries Ltd., Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (Lawton, Adam)
April 27, 2016 Opinion or Order Filing 82 REPLY AFFIDAVIT of Adam R. Lawton in Support re: #64 MOTION to Dismiss Count 1 of the Second Consolidated Complaint.. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Attachments: #1 Exhibit 11, #2 Exhibit 12, #3 Exhibit 13)(Lawton, Adam)
April 27, 2016 Opinion or Order Filing 81 REPLY MEMORANDUM OF LAW in Support re: #64 MOTION to Dismiss Count 1 of the Second Consolidated Complaint. . Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Lawton, Adam)
April 27, 2016 Opinion or Order Filing 80 REPLY MEMORANDUM OF LAW in Support re: #58 JOINT MOTION to Dismiss Second Consolidated Class Action Complaint for Lack of Antitrust Injury. REPLY MEMORANDUM IN SUPPORT OF TEVA & ACTAVIS MOTION TO DISMISS SECOND CONSOLIDATED CLASS ACTION COMPLAINT FOR LACK OF ANTITRUST INJURY. Document filed by Actavis PLC, Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (O'Quinn, John)
April 26, 2016 Opinion or Order Filing 79 BRIEF Direct Purchaser Class Plaintiffs' Reply Brief in Further Support of Motion to Unseal Settlement Agreements. Document filed by American Sales Company, LLC, Cesar Castillo, Inc..(Sobol, Thomas)
April 14, 2016 Opinion or Order Filing 78 JOINT OPPOSITION BRIEF Defendants' Joint Memorandum In Opposition To Motion To Unseal Settlement Agreements. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Attachments: #1 Exhibit Declaration of Vijayraghavan, #2 Exhibit Declaration of Douglas Minet, #3 Exhibit Declaration of Staci Julie)(Lawton, Adam)
April 5, 2016 Opinion or Order Filing 77 STIPULATION: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED as follows: 1. Defendants shall file their opposition to the pending motion to unseal on or before April 14, 2016. 2. Plaintiff shall file their reply brief on or before April 26, 2016. (As further set forth in this Order.) IT IS SO ORDERED. (Responses due by 4/14/2016, Replies due by 4/26/2016.) (Signed by Judge Ronnie Abrams on 4/5/2016) Filed In Associated Cases: 1:15-cv-03278-RA-RLE, 1:15-cv-03505-RA(cf) Modified on 4/6/2016 (cf).
March 22, 2016 Opinion or Order Filing 76 CERTIFICATE of Counsel by Thomas Matthew Sobol on behalf of American Sales Company, LLC, Cesar Castillo, Inc.. Certificate of Service of Memorandum of Law in Support of Direct Purchaser Class Plaintiffs' Motion to Unseal Settlement Agreements (Sobol, Thomas)
March 21, 2016 Opinion or Order Filing 75 MEMORANDUM OF LAW in Opposition re: #64 MOTION to Dismiss Count 1 of the Second Consolidated Complaint., #58 JOINT MOTION to Dismiss Second Consolidated Class Action Complaint for Lack of Antitrust Injury., #61 JOINT MOTION to Dismiss the Second Consolidated Complaint. . Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Attachments: #1 Appendix)(Sobol, Thomas)
March 9, 2016 Opinion or Order Filing 74 STIPULATION REGARDING BRIEFING ON MOTIONS TO DISMISS: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED as follows: 1. Plaintiffs shall file their opposition to the pending motions to dismiss on or before Monday, March 21, 2016; 2. Defendants shall file their reply briefs on or before April 27, 2016; 3. Because Defendants filed a combined total of 70 pages of briefing in support of their motions to dismiss, Plaintiffs may file an opposition brief or briefs of no more than 70 pages total; and 4. Defendants may file a combined total of no more than 45 pages of reply briefing in support of the motions to dismiss. (As further set forth in this Order.) IT IS SO ORDERED. (Responses due by 3/21/2016, Replies due by 4/27/2016.) (Signed by Judge Ronnie Abrams on 3/9/2016) (cf)
February 26, 2016 Opinion or Order Filing 73 ORDER granting #72 Motion for Thane D. Scott to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie)
February 25, 2016 Opinion or Order Filing 72 MOTION for Thane D. Scott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11997145. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ranbaxy Pharmaceuticals, Inc., Ranbaxy, Inc., Sun Pharmaceutical Industries Ltd.. (Attachments: #1 Certificates of Good Standing, #2 Proposed Order)(Scott, Thane)
February 25, 2016 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #72 MOTION for Thane D. Scott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11997145. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
February 17, 2016 Opinion or Order Filing 71 SEALED DOCUMENT placed in vault.(rz)
February 12, 2016 Opinion or Order Filing 70 CERTIFICATE OF SERVICE of Summons & Complaint served on Sun Pharmaceutical Industries Limited on 10/15/2015. Service was accepted by Shri Kiran, Responsible Officer. Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Arnold, Gregory)
February 11, 2016 Opinion or Order Filing 69 ORDER: Plaintiffs filed a Second Consolidated Amended Class Action Complaint ("CAC") on January 8, 2016. (Doc. 55.) On January 26, 2016, Defendants requested permission to file under seal patent litigation settlement agreements upon which some of Plaintiffs' allegations were founded. Defendants argue that these agreements should not be publicly available because of the confidential business information they contained. The Parties having appeared before the Court by telephone on February 11, 2016, IT IS HEREBY ORDERED that the Defendants may file under seal the settlement agreements referenced in the CAC. (Signed by Magistrate Judge Ronald L. Ellis on 2/11/2016) (kko)
February 11, 2016 Opinion or Order Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Telephone Conference held on 2/11/2016 at 3:30 p.m. Next Telephone Conference scheduled for May 4, 2016 at 2:30 p.m. (rsh)
February 11, 2016 Opinion or Order Transmission to Sealed Records Clerk. Transmitted re: #69 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (kko)
February 11, 2016 Opinion or Order Telephone Conference set for 5/4/2016 at 2:30 PM before Magistrate Judge Ronald L. Ellis. On the day of the conference, the parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, at 212-805-0563. Upon receipt of this order, if you need further information, direct inquiries to Rupa Shah, 212-805-0242. (rsh)
February 5, 2016 Opinion or Order Filing 68 ORDER: IT IS HEREBY ORDERED that the Parties shall appear before this Court for a telephone conference on Thursday, February 11, 2016, at 3:30 p.m. The issues for consideration include, but are not limited to, the Parties' stipulation for briefing Defendants' Motion to Dismiss, and the motion for leave to file the settlement agreements under seal. (Telephone Conference set for 2/11/2016 at 03:30 PM before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 2/5/2016) (kko)
February 5, 2016 Opinion or Order Telephone Conference set for 2/11/2016 at 3:30 PM before Magistrate Judge Ronald L. Ellis. On the day of the conference, the parties will jointly place a telephone call to the chambers of Judge Ronald L. Ellis, at 212-805-0563. Upon receipt of this order, if you need further information, direct inquiries to Rupa Shah, 212-805-0242. (rsh)
February 3, 2016 Opinion or Order Filing 67 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sun Pharmaceuticals Industries, Ltd. for Ranbaxy, Inc.; Corporate Parent Ranbaxy Inc. for Ranbaxy Pharmaceuticals, Inc.. Document filed by Ranbaxy Laboratories Ltd., Ranbaxy Pharmaceuticals, Inc., Ranbaxy, Inc., Sun Pharmaceutical Industries Ltd..(Mahoney, Stacey)
January 28, 2016 Opinion or Order Filing 66 DECLARATION of Adam R. Lawton in Support re: #64 MOTION to Dismiss Count 1 of the Second Consolidated Complaint.. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 8, #4 Exhibit 9, #5 Exhibit 10)(Lawton, Adam)
January 28, 2016 Opinion or Order Filing 65 MEMORANDUM OF LAW in Support re: #64 MOTION to Dismiss Count 1 of the Second Consolidated Complaint. . Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Lawton, Adam)
January 28, 2016 Opinion or Order Filing 64 MOTION to Dismiss Count 1 of the Second Consolidated Complaint. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc..(Lawton, Adam)
January 28, 2016 Opinion or Order Filing 63 DECLARATION of George Kokkines in Support re: #61 JOINT MOTION to Dismiss the Second Consolidated Complaint.. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc.. (Lawton, Adam)
January 28, 2016 Opinion or Order Filing 62 MEMORANDUM OF LAW in Support re: #61 JOINT MOTION to Dismiss the Second Consolidated Complaint. . Document filed by Actavis PLC, Mylan Pharmaceuticals, Inc., Mylan, Inc., Ranbaxy Pharmaceuticals, Inc., Ranbaxy, Inc., Sun Pharmaceutical Industries Ltd., Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (Lawton, Adam)
January 28, 2016 Opinion or Order Filing 61 JOINT MOTION to Dismiss the Second Consolidated Complaint. Document filed by Actavis PLC, Mylan Pharmaceuticals, Inc., Mylan, Inc., Ranbaxy Pharmaceuticals, Inc., Ranbaxy, Inc., Sun Pharmaceutical Industries Ltd., Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc..(Lawton, Adam)
January 28, 2016 Opinion or Order Filing 60 DECLARATION of Karen Hoffman Lent in Support re: #58 JOINT MOTION to Dismiss Second Consolidated Class Action Complaint for Lack of Antitrust Injury.. Document filed by Actavis PLC, Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (Attachments: #1 Exhibit 1)(O'Quinn, John)
January 28, 2016 Opinion or Order Filing 59 MEMORANDUM OF LAW in Support re: #58 JOINT MOTION to Dismiss Second Consolidated Class Action Complaint for Lack of Antitrust Injury. . Document filed by Actavis PLC, Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (O'Quinn, John)
January 28, 2016 Opinion or Order Filing 58 JOINT MOTION to Dismiss Second Consolidated Class Action Complaint for Lack of Antitrust Injury. Document filed by Actavis PLC, Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc..(O'Quinn, John)
January 28, 2016 Opinion or Order Filing 57 NOTICE OF APPEARANCE by Stacey Anne Mahoney on behalf of Ranbaxy Pharmaceuticals, Inc., Ranbaxy, Inc., Sun Pharmaceutical Industries Ltd.. (Mahoney, Stacey)
January 26, 2016 Opinion or Order Filing 56 LETTER addressed to Magistrate Judge Ronald L. Ellis from Greg Arnold dated January 26, 2016 re: Defendants' January 26, 2016 Letter to Judge Ellis. Document filed by American Sales Company, LLC, Cesar Castillo, Inc..(Arnold, Gregory)
January 8, 2016 Opinion or Order Filing 55 SECOND AMENDED COMPLAINT amending #14 Amended Complaint against Actavis PLC, Mylan Pharmaceuticals, Inc., Mylan, Inc., Ranbaxy Laboratories Ltd., Ranbaxy Pharmaceuticals, Inc., Ranbaxy, Inc., Sun Pharmaceutical Industries Ltd., Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc. with JURY DEMAND.Document filed by American Sales Company, LLC, Cesar Castillo, Inc. Related document: #14 Amended Complaint,, filed by Cesar Castillo, Inc., American Sales Company, LLC.(Sobol, Thomas) Modified on 1/11/2016 (moh). Modified on 1/25/2016 (laq).
January 8, 2016 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Thomas Sobol to RE-FILE Document No. #54 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (moh)
January 7, 2016 Opinion or Order Filing 54 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - SECOND AMENDED COMPLAINT amending #14 Amended Complaint against All Defendants with JURY DEMAND.Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. Related document: #14 Amended Complaint,, filed by Cesar Castillo, Inc., American Sales Company, LLC.(Sobol, Thomas) Modified on 1/8/2016 (moh).
January 4, 2016 Opinion or Order Filing 53 STIPULATION REGARDING SECOND CONSOLIDATED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED as follows: 1. Without agreeing that the proposed Amended Complaint states a claim upon which relief can be granted, and without waiving any other defenses, the Stipulating Defendants agree to the filing of the proposed Amended Complaint; 2. Plaintiffs shall file the Amended Complaint, in the form attached to their Motion for Leave to File Amended Complaint, by the later of Tuesday, December 29, 2015, or two (2) days following the entry of this Order; 3. The Stipulating Defendants shall answer, move, or otherwise respond to the Amended Complaint on or before January 28, 2016; 4. Consistent with the schedule set by the Court during the October 6, 2015 teleconference, if the Stipulating Defendants move to dismiss the Amended Complaint, Plaintiffs shall file any opposition on or before March 14, 2016 (45 days from the Stipulating Defendants' filing), and the Stipulating Defendants shall file any reply on or before April 13, 2016 (30 days from Plaintiffs' filing). (Motions due by 1/28/2016. Responses due by 3/14/2016, Replies due by 4/13/2016.) Motions terminated: #49 MOTION to Amend/Correct --- Notice of Motion for Leave to File Amended Complaint filed by Cesar Castillo, Inc., American Sales Company, LLC. (Signed by Magistrate Judge Ronald L. Ellis on 1/4/2016) (kko)
November 18, 2015 Opinion or Order Filing 52 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/13/15 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...(McGuirk, Kelly)
November 18, 2015 Opinion or Order Filing 51 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/13/2015 before Judge Ronnie Abrams. Court Reporter/Transcriber: Karen Gorlaski, (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 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/19/2016.(McGuirk, Kelly)
November 16, 2015 Opinion or Order Filing 50 MEMORANDUM OF LAW in Support re: #49 MOTION to Amend/Correct --- Notice of Motion for Leave to File Amended Complaint. . Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Attachments: #1 Exhibit Second Consolidated Class Action Complaint and Jury Demand)(Sobol, Thomas)
November 16, 2015 Opinion or Order Filing 49 MOTION to Amend/Correct --- Notice of Motion for Leave to File Amended Complaint. Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Attachments: #1 Text of Proposed Order)(Sobol, Thomas)
November 16, 2015 Opinion or Order Filing 48 ORDER granting #46 Motion for Kristen A. Johnson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie)
November 12, 2015 Opinion or Order Filing 47 ORDER SETTING DEADLINE OF NOVEMBER 16, 2015 FOR DIRECT PURCHASER CLASS PLAINTIFFS TO FILE A MOTION SEEKING LEAVE TO FILE AN AMENDED COMPLAINT granting (45) MOTION for Extension of Time to File Motion for Leave to File Amended Complaint in case 1:15-cv-03278-RA-RLE. AND NOW, this 12th day of November, 2015, upon consideration of the Unopposed Motion To Extend Deadline for Filing Motion For Leave To File An Amended Complaint, it is hereby ORDERED that the motion is GRANTED. (Signed by Judge Ronnie Abrams on 11/12/2015) Filed In Associated Cases: 1:15-cv-03278-RA-RLE, 1:15-cv-03505-RA (kl)
November 12, 2015 Opinion or Order Filing 46 MOTION for Kristen A. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11616843. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Sales Company, LLC. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Johnson, Kristen)
November 12, 2015 Opinion or Order Filing 45 MOTION for Extension of Time to File Motion for Leave to File Amended Complaint. Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. Return Date set for 11/16/2015 at 06:00 PM. (Attachments: #1 Text of Proposed Order)(Sobol, Thomas)
November 12, 2015 Opinion or Order Set/Reset Deadlines: Motions due by 11/16/2015. Associated Cases: 1:15-cv-03278-RA-RLE, 1:15-cv-03505-RA(kl)
November 12, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #46 MOTION for Kristen A. Johnson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11616843. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
November 6, 2015 Opinion or Order Filing 44 ORDER granting #42 Motion for Gregory L. Skidmore to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie)
November 6, 2015 Opinion or Order Filing 43 ORDER granting #41 Motion for John C. OQuinn to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (Abrams, Ronnie)
November 5, 2015 Opinion or Order Filing 42 MOTION for Gregory L. Skidmore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11594317. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Skidmore, Gregory)
November 5, 2015 Opinion or Order Filing 41 MOTION for John C. OQuinn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11594276. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(O'Quinn, John)
November 5, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #41 MOTION for John C. OQuinn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11594276. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
November 5, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #42 MOTION for Gregory L. Skidmore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11594317. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
October 13, 2015 Opinion or Order Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 10/13/2015. (Court Reporter Karen Gorlaski) (arc)
October 9, 2015 Opinion or Order Filing 40 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Allergan plc, Other Affiliate Actavis Inc., Other Affiliate Actavis plc, Other Affiliate Actavis W.C. Holding Inc. for Watson Laboratories, Inc.; Corporate Parent Allergan plc, Other Affiliate Actavis Inc., Other Affiliate Actavis W.C. Holding Inc., Other Affiliate Watson Laboratories, Inc. for Actavis PLC. Document filed by Actavis PLC, Watson Laboratories, Inc..(Lent, Karen)
October 7, 2015 Opinion or Order Filing 39 NOTICE OF APPEARANCE by Karen Hoffman Lent on behalf of Actavis PLC, Watson Laboratories, Inc.. (Lent, Karen)
October 7, 2015 Opinion or Order Filing 38 NOTICE OF APPEARANCE by Steven Craig Sunshine on behalf of Actavis PLC, Watson Laboratories, Inc.. (Sunshine, Steven)
October 6, 2015 Opinion or Order Filing 37 ORDER: It is hereby ORDERED that a teleconference shall be held in this matter on October 13, 2015 at 4:00 p.m. At that time, the parties shall jointly call Courtroom Deputy Allison Cavale at 212-805-0162. The parties shall be prepared to discuss the implications of the Court's recent Opinion and Order in In re Actos End Payor Antitrust Litigation, 13 Civ. 09244, Dkt. 221 (S.D.N.Y. Sept. 22, 2015). Counsel may raise any scheduling conflicts by calling Courtroom Deputy Cavale. SO ORDERED. (Telephone Conference set for 10/13/2015 at 04:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 10/6/2015) (ajs)
August 18, 2015 Opinion or Order Filing 36 MEMO ENDORSEMENT on MOTION TO WITHDRAW. ENDORSEMENT: SO ORDERED. (Signed by Judge Ronnie Abrams on 8/18/2015) (ajs)
July 30, 2015 Opinion or Order Filing 35 MEMO ENDORSEMENT on MOTION TO WITHDRAW. ENDORSEMENT: SO ORDERED. (Signed by Judge Ronnie Abrams on 7/30/2015) (ajs)
June 23, 2015 Opinion or Order Filing 34 ORDER APPOINTING INTERIM CO-LEAD COUNSEL FOR DIRECT PURCHASER PLAINTIFF CLASS granting #11 Motion to Appoint Counsel. Accordingly, THE COURT HEREBY ORDERS: Pursuant to Rule 23(g) of the Federal Rules of Civil Procedure, the Court appoints as Interim Co-Lead Counsel for the proposed Direct Purchaser Classes: Thomas Sobol of Hagens Berman Sobol Shapiro LLP; and Linda Nussbaum of the Nussbaum Law Group, P.C. Interim Co-Lead Counsel shall have sole authority over the following matters on behalf of Plaintiffs in the Direct Purchaser Class Action: convening meetings of counsel; the initiation, response, scheduling, briefing, and argument of all motions; the scope, order, and conduct of all discovery proceedings; assigning non-duplicative work to be performed by other direct purchaser plaintiff counsel as they may deem appropriate; collecting on a periodic basis contemporaneously-kept time and expense reports from all direct purchaser plaintiffs' counsel; retaining experts; designating which attorneys shall appear at hearings and conferences with the Court; the timing and substance of any settlement negotiations and/or settlement with defendants; the allocation of attorneys' fees among the various tirms doing work in the case, if any are awarded by the Court; and other matters concerning the prosecution of the case. Interim Co-Lead Counsel shall have sole authority to communicate with defendants' counsel in the related actions, and the Court on behalf of all direct purchaser plaintiffs in the Direct Purchaser Class Action. Defendants' counsel may rely on all agreements made with Interim Co-Lead Counsel and such agreements shall be binding on all direct purchaser plaintiffs and their counsel in the Direct Purchaser Class Action. (As further set forth in this Order.) Attorney Linda P. Nussbaum for American Sales Company, LLC, Linda P. Nussbaum for Cesar Castillo, Inc. added. (Signed by Magistrate Judge Ronald L. Ellis on 6/23/2015) (kko) Modified on 6/23/2015 (kko).
June 18, 2015 Opinion or Order Filing 33 NOTICE OF CHANGE OF ADDRESS by Bradley J. Demuth on behalf of Cesar Castillo, Inc.. New Address: Nussbaum Law Group, P.C., 570 Lexington Avenue, 19th Fl., New York, NY, USA 10022, (212) 702-7055. Filed In Associated Cases: 1:15-cv-03278-RA-RLE, 1:15-cv-03505-RA(Demuth, Bradley)
June 17, 2015 Opinion or Order Filing 32 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by American Sales Company, LLC. (Arnold, Gregory)
June 17, 2015 Opinion or Order Filing 31 AFFIDAVIT OF SERVICE. Service was made by Mail. Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Arnold, Gregory)
June 17, 2015 Opinion or Order Filing 30 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by American Sales Company, LLC. (Arnold, Gregory)
June 17, 2015 Opinion or Order Filing 29 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Arnold, Gregory)
June 17, 2015 Opinion or Order Filing 28 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Arnold, Gregory)
June 17, 2015 Opinion or Order Filing 27 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Arnold, Gregory)
June 17, 2015 Opinion or Order Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #29) - WAIVER OF SERVICE RETURNED EXECUTED. Document filed by Takeda Pharmaceuticals U.S.A., Inc.. (Arnold, Gregory) Modified on 6/17/2015 (ldi).
June 17, 2015 Opinion or Order Filing 25 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Arnold, Gregory)
June 17, 2015 Opinion or Order Filing 24 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Arnold, Gregory)
June 17, 2015 Opinion or Order Filing 23 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Arnold, Gregory)
June 17, 2015 Opinion or Order Filing 22 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Arnold, Gregory)
June 17, 2015 Opinion or Order Filing 21 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Arnold, Gregory)
June 17, 2015 Opinion or Order Filing 20 WAIVER OF SERVICE RETURNED EXECUTED. Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Arnold, Gregory)
June 8, 2015 Opinion or Order Filing 19 NOTICE OF APPEARANCE by Ross Lee Weiner on behalf of Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc.. (Weiner, Ross)
June 5, 2015 Opinion or Order Filing 18 NOTICE OF APPEARANCE by Bradley J. Demuth on behalf of Cesar Castillo, Inc.. (Demuth, Bradley)
June 5, 2015 Opinion or Order Filing 17 ORDER granting #15 Letter Motion for Extension of Time. Application granted. Defendants' deadline to answer or otherwise respond to the direct purchaser consolidated complaint is extended to 35 days from the filing of the Court's decision on the pending motions to dismiss in the indirect purchaser litigation. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/5/2015) (ajs)
June 5, 2015 Opinion or Order Filing 16 LETTER addressed to Judge Ronnie Abrams from Greg Arnold dated June 5, 2015 re: Defendants' Letter (ECF # 15). Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. (Attachments: #1 Exhibit A)(Arnold, Gregory)
June 5, 2015 Opinion or Order Filing 15 LETTER MOTION for Extension of Time to Respond to Direct Purchaser Complaint addressed to Judge Ronnie Abrams from Rohit K. Singla dated June 5, 2015. Document filed by Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceuticals U.S.A., Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Lawton, Adam)
June 4, 2015 Opinion or Order Filing 14 AMENDED COMPLAINT amending #1 Complaint,, against Actavis PLC, Mylan Pharmaceuticals, Inc., Mylan, Inc., Ranbaxy Laboratories Ltd., Ranbaxy Pharmaceuticals, Inc., Ranbaxy, Inc., Sun Pharmaceutical Industries Ltd., Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc. with JURY DEMAND.Document filed by American Sales Company, LLC, Cesar Castillo, Inc.. Related document: #1 Complaint,, filed by American Sales Company, LLC.(Sobol, Thomas)
June 3, 2015 Opinion or Order Filing 13 CONSOLIDATION ORDER FOR ALL DIRECT PURCHASER ACTIONS granting #9 Motion to Consolidate Cases 15-cv-3278 (as Lead Case) with 15-cv-3505. Accordingly, THE COURT HEREBY ORDERS: 1. Pursuant to Fed. R. Civ. P. 42(a), all direct purchaser actions centralized in this District, and all subsequently-filed or transferred actions arising from or relating to the transactions and occurrences alleged in the Complaints are hereby consolidated for all purposes, including trial, pursuant to Fed. R. Civ. P. 42(a) (the "Direct Purchaser Class Action"). 2. American Sales Company, LLC v. Takeda Pharmaceutical Co. Ltd., et al (1:15-cv-03278-RA), the first of the direct purchaser actions filed in this Court, shall be designated the "Lead Direct Purchaser Action." A docket sheet shall be maintained for that file which shall include all filings subsequently consolidated with the Lead Direct Purchaser Action, as set forth within. (Signed by Judge Ronnie Abrams on 6/3/2015) (ajs)
May 22, 2015 Opinion or Order Filing 12 MEMORANDUM OF LAW in Support re: #11 MOTION to Appoint Counsel . . Document filed by American Sales Company, LLC. (Sobol, Thomas)
May 22, 2015 Opinion or Order Filing 11 MOTION to Appoint Counsel . Document filed by American Sales Company, LLC. (Attachments: #1 Text of Proposed Order)(Sobol, Thomas)
May 22, 2015 Opinion or Order Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION to Consolidate Cases 15-cv-3278 and 15-cv-3505 . . Document filed by American Sales Company, LLC. (Sobol, Thomas)
May 22, 2015 Opinion or Order Filing 9 MOTION to Consolidate Cases 15-cv-3278 and 15-cv-3505 . Document filed by American Sales Company, LLC. (Attachments: #1 Text of Proposed Order)(Sobol, Thomas)
May 12, 2015 Opinion or Order Filing 8 ORDER FOR ADMISSION PRO HAC VICE granting #7 Motion for Gregory T. Arnold to Appear Pro Hac Vice. (Signed by Judge Ronnie Abrams on 5/12/2015) (ajs)
May 11, 2015 Opinion or Order Filing 7 MOTION for Gregory T. Arnold to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10906993. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Sales Company, LLC. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(Arnold, Gregory)
May 11, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Gregory T. Arnold to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10906993. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
May 5, 2015 Opinion or Order Filing 6 ORDER OF REFERENCE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Ronald L. Ellis. (Signed by Judge Ronnie Abrams on 5/5/2015) (ajs)
May 5, 2015 Opinion or Order Filing 5 ORDER FOR ADMISSION PRO HAC VICE granting #4 Motion for Thomas M. Sobol to Appear Pro Hac Vice. (Signed by Judge Ronnie Abrams on 5/5/2015) (ajs)
May 4, 2015 Opinion or Order Filing 4 MOTION for Thomas M. Sobol to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10881451. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Sales Company, LLC. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(Sobol, Thomas)
May 4, 2015 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for Thomas M. Sobol to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10881451. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 30, 2015 Opinion or Order NOTICE OF CASE ASSIGNMENT to Judge Ronnie Abrams. Judge Unassigned is no longer assigned to the case. (pgu)
April 30, 2015 Opinion or Order CASE ACCEPTED AS RELATED. Create association to 1:13-cv-09244-RA-RLE. Notice of Assignment to follow. (pgu)
April 30, 2015 Opinion or Order Magistrate Judge Ronald L. Ellis is so designated. (pgu)
April 27, 2015 Opinion or Order Filing 3 CIVIL COVER SHEET filed. (moh)
April 27, 2015 Opinion or Order Filing 2 STATEMENT OF RELATEDNESS re: that this action be filed as related to 13-cv-9244. Document filed by American Sales Company, LLC.(moh)
April 27, 2015 Opinion or Order Filing 1 COMPLAINT against Actavis PLC, Mylan Pharmaceuticals, Inc., Mylan, Inc., Ranbaxy Laboratories Ltd., Ranbaxy Pharmaceuticals, Inc., Ranbaxy, Inc., Sun Pharmaceutical Industries Ltd., Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (Filing Fee $ 350.00, Receipt Number 465401123803)Document filed by American Sales Company, LLC.(moh)
April 27, 2015 Opinion or Order SUMMONS ISSUED as to Actavis PLC, Mylan Pharmaceuticals, Inc., Mylan, Inc., Ranbaxy Laboratories Ltd., Ranbaxy Pharmaceuticals, Inc., Ranbaxy, Inc., Sun Pharmaceutical Industries Ltd., Takeda America Holdings, Inc., Takeda Development Center Americas, Inc., Takeda Pharmaceutical Co. Ltd., Takeda Pharmaceuticals U.S.A., Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (moh)
April 27, 2015 Opinion or Order Case Designated ECF. (moh)
April 27, 2015 Opinion or Order CASE REFERRED TO Judge Ronnie Abrams as possibly related to 13-cv-09244. (moh)

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Search for this case: In Re: Actos Direct Purchaser Antitrust Litigation
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Plaintiff: American Sales Company, LLC
Represented By: David S. Nalven
Represented By: Linda P. Nussbaum
Represented By: Thomas Matthew Sobol
Represented By: Gregory Thomas Arnold
Represented By: Kristen Anne Johnson
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Plaintiff: Meijer, Inc.
Represented By: David P. Germaine
Represented By: Gregory Thomas Arnold
Represented By: John Paul Bjork
Represented By: Joseph M Vanek
Represented By: Paul Ethan Slater
Represented By: Whitney Erin Street
Represented By: Thomas Matthew Sobol
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Plaintiff: Meijer Distribution, Inc.
Represented By: David P. Germaine
Represented By: Gregory Thomas Arnold
Represented By: John Paul Bjork
Represented By: Joseph M Vanek
Represented By: Paul Ethan Slater
Represented By: Whitney Erin Street
Represented By: Thomas Matthew Sobol
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Consolidated plaintiff: Cesar Castillo, Inc.
Represented By: Bradley J. Demuth
Represented By: Linda P. Nussbaum
Represented By: Thomas Matthew Sobol
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Defendant: Takeda Pharmaceutical Co. Ltd.
Represented By: Adam R Lawton
Represented By: Alexander James Scolnik
Represented By: Melina Rose Dimattio
Represented By: R. Brendan Fee
Represented By: Scott A. Stempel
Represented By: Steven A. Reed
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Defendant: Takeda America Holdings, Inc.
Represented By: Adam R Lawton
Represented By: Alexander James Scolnik
Represented By: Melina Rose Dimattio
Represented By: R. Brendan Fee
Represented By: Scott A. Stempel
Represented By: Steven A. Reed
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Defendant: Takeda Pharmaceuticals U.S.A., Inc.
Represented By: Adam R Lawton
Represented By: Alexander James Scolnik
Represented By: Melina Rose Dimattio
Represented By: R. Brendan Fee
Represented By: Scott A. Stempel
Represented By: Steven A. Reed
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Defendant: Takeda Development Center Americas, Inc.
Represented By: Adam R Lawton
Represented By: Alexander James Scolnik
Represented By: Melina Rose Dimattio
Represented By: R. Brendan Fee
Represented By: Scott A. Stempel
Represented By: Steven A. Reed
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Defendant: Mylan, Inc.
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Defendant: Mylan Pharmaceuticals, Inc.
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Defendant: Actavis PLC
Represented By: Steven Craig Sunshine
Represented By: Karen Hoffman Lent
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Defendant: Watson Laboratories, Inc.
Represented By: Steven Craig Sunshine
Represented By: Karen Hoffman Lent
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Defendant: Ranbaxy Laboratories Ltd.
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Defendant: Ranbaxy, Inc.
Represented By: Stacey Anne Mahoney
Represented By: Thane D. Scott
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Defendant: Ranbaxy Pharmaceuticals, Inc.
Represented By: Stacey Anne Mahoney
Represented By: Thane D. Scott
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Defendant: Sun Pharmaceutical Industries Ltd.
Represented By: Stacey Anne Mahoney
Represented By: Thane D. Scott
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Defendant: Teva Pharmaceutical Industries, Ltd.
Represented By: Devin Allan Debacker
Represented By: Katherine R. Katz
Represented By: Ross Lee Weiner
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Defendant: Teva Pharmaceuticals USA, Inc.
Represented By: Devin Allan Debacker
Represented By: Katherine R. Katz
Represented By: Gregory L. Skidmore
Represented By: John O'Quinn
Represented By: Ross Lee Weiner
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