IN RE NAMENDA INDIRECT PURCHASER ANTITRUST LITIGATION
| Sergeants Benevolent Association Health & Welfare Fund and A.F. of L.- A.G.C. Building Trades Welfare Plan |
| Actavis, plc, Forest Laboratories, LLC, Merz Pharmaceuticals GmbH & Co. KGaA, Amneal Pharmaceuticals, LLC, Teva Pharmaceuticals USA, Inc., Teva Pharmaceuticals Industries, Ltd., Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC, Sun India Pharmaceuticals Industries, Ltd., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Sun Pharmaceutical Industries Ltd., Teva Pharmaceutical Industries Ltd, Merz GmbH & Co. KGaA., Merz Pharmaceuticals GmbH, Merz Pharma GmbH & Co. KGaA and Sun Pharmaceuticals Industries, Ltd. |
| JM Smith Corporation |
| MSP Recovery Claims, Series LLC and MSPA Claims I, LLC |
| Allergan plc |
| 1:2015cv06549 |
| August 19, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Robert W Lehrburger |
| Colleen McMahon |
| Anti-Trust |
| 28 U.S.C. § 1332 Diversity Action |
| Defendant |
Docket Report
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This docket was last retrieved on November 14, 2022. A more recent docket listing may be available from PACER.
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Filing 959
ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE OF SETTLEMENTS granting #955 Motion for Settlement. ORDERS: 1. Preliminary approval. of the Brand Defendants Settlement, subject to further consideration at the Fairness Hearing described below. The Court has also previously preliminarily approved four settlements with the Generic Defendants ("the Generic Defendants Settlement Agreements," (ECF Nos. 284, 505, 514 ). The class in the settlement with the Generic Defendants (the "Generic Defendants Class") includes the following: as further set forth herein. The Court previously appointed Plaintiff as the class representative ("Class Representative"). The Court also previously appointed Marvin Miller and Lori Fanning of Miller Law LLC and Peter Safirstein of Safirstein Law LLC as co-lead counsel for the Classes ("Class Counsel"). The Fairness Hearing shall be held before this Court on March 13, 2023, at 10:00AM before the Honorable Colleen McMahon, in Courtroom 24A of the Daniel Patrick Moynihan U.S. Courthouse, at 500 Pearl Street, New York, NY I 0007. The Court finds that the proposed Brand Defendants Settlement, which includes a cash payment of $54,400,000 (Fifty-Four Million, Four Hundred Thousand Dollars) by Brand Defendants into an escrow account for the benefit of the Brand Defendants Class (the "Settlement Fund") in exchange for, inter alia, dismissal of the litigation between Plaintiff and the Brand Defendants Class, on one hand, and Brand Defendants, on the other, with prejudice and release and discharge of the Released Claims, as set forth in the Brand Defendants Settlement Agreement, was arrived at by arm's-length negotiations by highly experienced counsel after several formal and informal mediations, years of litigation, and within weeks of trial and falls within the range of possibly approvable settlements. The proposed Brand Defendants Settlement is therefore hereby preliminarily approved, subject to further consideration at the Fairness Hearing. The Court approves, as to form and content, the notice plan ("Notice Plan") and exhibits attached to the Declaration of Elaine Pang, and finds that the direct mailing and email distribution of the Postcard Notice and publishing of the Summary Notice substantially in the manner and form set forth therein meet the requirements of Federal Rule of Civil Procedure 23 and due process, and constitute the best notice practicable under the circumstances and shall constitute due and sufficient notice to all entitled to be noticed. The Court further reserves the right to enter a Final Judgment and Order of Dismissal that approves the Settlements and dismisses the Action (as defined in the Settlement Agreements); on the merits and with prejudice regardless of whether the Court has approved the Plan of Allocation or awarded attorneys' fees and expenses or awarded Class Representative's incentive award. The Court appoints A.B. Data, Ltd. as Notice and Claims Administrator ("Notice and Claims Administrator" or "ABD") to supervise and administer the notice procedure as well as the processing of claims as more fully set forth below: as further set forth herein. Class Members who wish to participate in the Settlement(s) shall complete and submit a Claim Form in accordance with the instructions contained therein. Unless the Court orders otherwise, all Claim Forms must be submitted electronically by, or if mailed, postmarked no later than Feb 3, 2023. The following schedule of dates shall govern the resolution of the Settlements: Deadline for Class Counsel to provide notice to Class Members by effectuating the Summary Notice and Postcard Notice as specified in the Notice Plan - Dec. 5, 2022 [or 21 days after entry of Preliminary Approval Order]. Deadline for Class Counsel to cause the Summary Notice to be published twice in nationally distributed, business-focused newswires - Dec. 5, 2022. [or 21 days after entry of Preliminary Approval Order]. Deadline for Class Counsel to file affidavit of notice of emailing, mailing, and publication - Jan. 13, 2023 [or 60 days after entry of Preliminary Approval Order]. Deadline for filing of Final Approval papers in support of (i) the Settlements, (ii) the Plan of Allocation, (iii) the application by Class Counsel for attorneys' fees and/or reimbursement of expenses - March 1, 2023 [before the Fairness Hearing]. Deadline for consumer Class Members in the Generic Defendants Class to submit/file: Proof of Claim and Release Forms Requests to be excluded from the Generic Defendants Class Objections to the Settlement, or any of the Applications - Feb. 3, 2023. Deadline for TPP Class Members in the Brand Defendants and the Generic Defendants Class to submit/file: Proof of Claim and Release Forms Objections to the Settlement, or any of the Applications - Feb. 3, 2023. Deadline for filing reply to any opposition to the Applications or any response to any objection(s) filed - March 1, 2023. Deadline for Notice and Claims Administrator to submit report outlining implementation of the Notice Plan - March 1, 2023 [before the Fairness Hearing]. Date of Fairness Hearing - March 13, 2023 @ 10AM. (as further set forth herein). IT IS SO ORDERED.. (Signed by Judge Colleen McMahon on 11/14/2022) (kv) Transmission to Finance Unit (Cashiers) for processing.
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Set/Reset Hearings:( Fairness Hearing set for 3/13/2023 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.), Set/Reset Deadlines: ( Responses due by 3/1/2023, Replies due by 3/1/2023.) (kv)
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Filing 958
NOTICE of INDIRECT PURCHASER CLASS PLAINTIFF'S NOTICE OF FILING EXHIBITS A-C TO THE SETTLEMENT AGREEMENT (ECF 957-1). Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A - Proposed Order Preliminarily Approving Settlement, #2 Exhibit B - Plan of Allocation, #3 Exhibit C - Final Judgment and Order of Dismissal).(Miller, Marvin)
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Filing 957
DECLARATION of Marvin A. Miller in Support re: #955 MOTION for Settlement Motion for Preliminary Approval of Settlement.. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit Settlement Agreement, #2 Exhibit Third-Party Payor Claim Form, #3 Exhibit Consumer Claim Form, #4 Exhibit Pang Declaration with Notice Plan).(Miller, Marvin)
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Filing 956
MEMORANDUM OF LAW in Support re: #955 MOTION for Settlement Motion for Preliminary Approval of Settlement. Indirect Purchaser Class Plaintiff's Memorandum of Law in Support of Motion for Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class, and Proposed Schedule for a Fairness Hearing. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 955
MOTION for Settlement Motion for Preliminary Approval of Settlement. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 954
JOINT STIPULATION EXTENDING DEADLINE TO FILE THE SETTLEMENT AGREEMENT AND MOTION FOR PRELIMINARY APPROVAL: The parties therefore agree to extend the deadline to submit the Settlement Agreement and motion for preliminary approval from November 8, 2022 to November 11, 2022. SO ORDERED. (Motions due by 11/11/2022.) (Signed by Judge Colleen McMahon on 11/7/2022) (kv)
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Filing 953
PROPOSED STIPULATION AND ORDER. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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Filing 952
JOINT STIPULATION EXTENDING DEADLINE TO FILE THE SETTLEMENT AGREEMENT AND MOTION FOR PRELIMINARY APPROVAL: The parties therefore agree to extend the deadline to submit the Settlement Agreement and motion for preliminary approval from November 1, 2022 to November 8, 2022. SO ORDERED. (Motions due by 11/8/2022.) (Signed by Judge Colleen McMahon on 10/31/2022) (kv)
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Filing 951
PROPOSED STIPULATION AND ORDER. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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Filing 950
JOINT STIPULATION RE TRIAL DATE AND PRELIMINARY APPROVAL SCHEDULE: Whereas, Plaintiff and the Class and Defendants submit this Stipulation Re Trial Date and Preliminary Approval Schedule and agree, subject to approval of the Court and state: Whereas, this matter is scheduled to commence a jury trial on October 19, 2022; and Whereas, on October 4, 2022, the parties informed the Court that they reached an agreement in principle to resolve the asserted claims. The parties agree: (1) that the commencement of the trial is stayed; (2) the parties shall submit the Settlement Agreement and motion for preliminary approval and supporting papers no later than November 1, 2022. SO ORDERED. (Signed by Judge Colleen McMahon on 10/11/2022) (jca)
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Filing 949
PROPOSED STIPULATION AND ORDER. Document filed by Allergan plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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Filing 948
NOTICE: A notice that the proceeding previously scheduled in the above-captioned matter has been adjourned sine die. (Signed by Judge Colleen McMahon on 10/6/2022) (kv)
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Filing 947
NOTICE: A notice that the proceeding in the above-captioned matter that was scheduled for 2:00PM on Monday, October 3, 2022 before Judge Colleen McMahon is adjourned to 2:00PM on Thursday, October 6, 2022. The conference will be held in person at 500 Pearl Street, New York, NY 10007, in Courtroom 24A. Oral Argument set for 10/6/2022 at 02:00 PM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 10/3/2022) BY ECF TO ALL COUNSEL (kv)
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Filing 946
LETTER MOTION for Leave to File Renewed Motion to Decertify the Class as to Damages and to Inform the Court of Developments from Dr. Vogt's Deposition addressed to Judge Colleen McMahon from James F. Hurst dated October 3, 2022. Document filed by Actavis, plc, Forest Laboratories, LLC..(Hurst, James)
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Filing 945
NOTICE: A notice that the proceeding in the above-captioned matter currently scheduled for 12:00PM on Monday, October 3, 2022 before Judge Colleen McMahon will instead commence at 2:00 PM on Monday, October 3, 2022. The conference will be held in person at 500 Pearl Street, New York, NY 10007, in Courtroom 24A. Oral Argument set for 10/3/2022 at 02:00 PM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 9/30/2022) BY ECF TO ALL COUNSEL (kv)
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Filing 944
LETTER addressed to Judge Colleen McMahon from James F. Hurst dated September 29, 2022 re: Requesting Electronic Devices for use during a hearing on October 3, 2022. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A- Proposed Order).(Hurst, James)
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Filing 943
TRANSCRIPT of Proceedings re: Conference held on 9/22/2022 before Judge Colleen McMahon. Court Reporter/Transcriber: 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 10/20/2022. Redacted Transcript Deadline set for 10/31/2022. Release of Transcript Restriction set for 12/28/2022..(kv)
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Filing 942
JOINT STIPULATION REGARDING THE EXCHANGE OF DEPOSITION DESIGNATIONS AND PROCEDURE FOR RESOLVING OBJECTIONS: THEREFORE, the parties now jointly and respectfully ask the Court to Order that the procedure for resolving objections to deposition designations shall be as follows: a. A party that intends to offer Affirmative Designations must tender such designations to all parties no later than 9:30 AM ET four business days before the presentation of the Affirmative Designations. The scope of such Affirmative Designations shall be limited to the offering party's designations in the PTO, except as otherwise allowed by the Court. b. No later than 7:00 PM ET four business days before the presentation of the Affirmative Designations, any opposing party must assert any objections to the Affirmative Designations and tender any Counter Designations. Such objections shall be limited to the objections lodged for the Affirmative Designations in the PTO, except as otherwise allowed by the Court. The opposing party must include all Counter Designations that it intends to introduce into evidence for that witness such that all testimony for that witness will be played together. The opposing party cannot reserve additional testimony from the same witness to be played at another time in the respective phase of trial. The scope of such Counter Designations shall be limited to the offering party's designations in the PTO, except as otherwise allowed by the Court. The parties shall work cooperatively with each other to reach reasonable accommodation regarding the above timing procedures in the event of previously unknown and unforeseen changes in the availability of live witnesses. (as further set forth herein). SO ORDERED. (Signed by Judge Colleen McMahon on 9/29/2022) (kv)
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Filing 941
MOTION Application to Bring Personal Electronic Device(s) or General-Purpose Computing Device(s) into the Courthouses of the Southern District of New York for Use in a Proceeding . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Text of Proposed Order Proposed Order).(Miller, Marvin)
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Filing 940
PROPOSED STIPULATION AND ORDER. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Balassa, Gabor)
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Filing 939
MEMO ENDORSEMENT on re: #938 Letter,, filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Actavis, plc, Merz Pharmaceuticals GmbH, Forest Laboratories, LLC. ENDORSEMENT: Bravo! I would have like to discuss the Dr Voigt motion at tomorrow's conference because, frankly, I have questions-perhaps fewer than I originally had, but questions nonetheless. Could a small group of you get here Monday, 12 PM for something like oral argument (which will be more a Q&A session). SO ORDERED. (Oral Argument set for 10/3/2022 at 12:00 PM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 9/28/2022) (kv)
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Filing 938
LETTER addressed to Judge Colleen McMahon from Gabor Balassa dated September 28, 2022 re: Providing the Court with an update regarding the parties' efforts to resolve outstanding exhibit-related disputes following the final pre-trial conference held on September 22, 2022. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A - Plaintiff's Revised Exhibit List, #2 Exhibit B - Defendants' Revised Exhibit List, #3 Exhibit C - Joint Exhibit List).(Balassa, Gabor)
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Filing 937
REPLY MEMORANDUM OF LAW in Support re: #921 MOTION to Strike the Second Supplemental Expert Report of William B. Vogt. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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Filing 936
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #921 MOTION to Strike the Second Supplemental Expert Report of William B. Vogt. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #935 .(Miller, Marvin)
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Filing 935
NOTICE of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 934
MEMORANDUM OF LAW in Support re: #933 MOTION for Clarification of Plaintiff's Burden for Causation . . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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Filing 933
MOTION for Clarification of Plaintiff's Burden for Causation . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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Filing 932
NOTICE: A notice that the final pretrial conference in the above-captioned matter that commenced on September 22, 2022 will continue before Judge Colleen McMahon on September 29, 2022, at 2:00 PM. The conference will be held in person at 500 Pearl Street, New York, NY 10007, in Courtroom 24A. Final Pretrial Conference set for 9/29/2022 at 02:00 PM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 9/22/2022) BY ECF TO ALL COUNSEL (kv)
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Filing 931
PROPOSED STIPULATION AND ORDER. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Balassa, Gabor)
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #925 HAS BEEN REJECTED. THIS IS A DUPLICATED DOCUMENT. Note to Attorney Amanda Hollis : This is a Duplicate Document. Do Not Re-File. (kj)
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Minute Entry for proceedings held before Judge Colleen McMahon: Final Pretrial Conference held on 9/22/2022. Final pretrial conference held. Parties counsel appeared in person. The transcript will be available on the ECF. Submitted by: Josie Dikkers. (Court Reporter Sonya Moore and Carol Ganley). (mde)
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Filing 930
LETTER addressed to Judge Colleen McMahon from Daniel P. Gross dated September 21, 2022 re: Revised Exhibit Lists. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A - Plaintiff's Updated Exhibit List, #2 Exhibit B - Redline of Plaintiff's Updated Exhibit List, #3 Exhibit C - Defendants' Updated Exhibit List, #4 Exhibit D - Redline of Defendants' Updated Exhibit List).(Gross, Daniel)
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Filing 929
MEMO ENDORSEMENT on re: #927 Letter filed by Actavis, plc, Forest Laboratories, LLC. ENDORSEMENT: You will have to brief this. We won't have time to discuss it tomorrow. SO ORDERED. (Signed by Judge Colleen McMahon on 9/21/2022) (kv)
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Filing 928
MOTION Application to Bring Personal Electronic Device(s) or General-Purpose Computing Device(s) into the Courthouses of the Southern District of New York for Use in a Proceeding . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Text of Proposed Order Proposed Order).(Miller, Marvin)
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Filing 927
LETTER addressed to Judge Colleen McMahon from James F. Hurst dated September 21, 2022 re: Clarification on Applicable Burden of Proof for But-For Causation. Document filed by Actavis, plc, Forest Laboratories, LLC..(Hurst, James)
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Filing 926
FILING ERROR - DUPLICATE DOCUMENT - LETTER MOTION for Conference / Requesting Permission to Use Demonstratives during Final Pretrial Conference addressed to Judge Colleen McMahon from Amanda Hollis dated September 21, 2022. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hollis, Amanda) Modified on 9/22/2022 (kj).
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Filing 925
LETTER MOTION for Conference / Requesting Permission to Use Demonstratives during Final Pretrial Conference addressed to Judge Colleen McMahon from Amanda Hollis dated September 21, 2022. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hollis, Amanda)
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Filing 924
DECLARATION of Kevin M. Jonke in Support re: #921 MOTION to Strike the Second Supplemental Expert Report of William B. Vogt.. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Hurst, James)
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Filing 923
***SELECTED PARTIES***DECLARATION of Kevin M. Jonke in Support re: #921 MOTION to Strike the Second Supplemental Expert Report of William B. Vogt.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Motion or Order to File Under Seal: #143 .(Hurst, James)
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Filing 922
MEMORANDUM OF LAW in Support re: #921 MOTION to Strike the Second Supplemental Expert Report of William B. Vogt. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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Filing 921
MOTION to Strike the Second Supplemental Expert Report of William B. Vogt. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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Filing 920
NOTICE of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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Filing 919
LETTER addressed to Judge Colleen McMahon from Marvin A. Miller dated September 19, 2022 re: Plaintiff Class's Short-Form Trial Exhibit List. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A - Plaintiff Class's Short Form Trial Exhibit List).(Miller, Marvin)
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Filing 918
PROPOSED PRE-TRIAL ORDER. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit IV.A- Parties Contentions, #2 Exhibit VI.A- Plaintiff's Updated Exhibit List, #3 Exhibit VII.A- Defendants' First Amended Exhibit List, #4 Exhibit VIII.A- Parties' Joint Exhibit List, #5 Exhibit IX.A- Plaintiffs Deposition Designations with Objections, #6 Exhibit X.A- Defendants Deposition Designations with Objections).(Hurst, James)
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Filing 917
DECISION AND ORDER DENYING THE MOTION TO DECERTIFY THE CLASS denying #897 Motion re: #897 MOTION to Decertify the Class . The motion to decertify the class as to damages is denied. This constitutes the decision and order of the court. It is a written opinion. The clerk of the court is directed to close the open motion at Docket Number 897. BY ECF TO ALL COUNSEL. (Signed by Judge Colleen McMahon on 9/19/2022) (vfr) (Additional attachment(s) added on 9/21/2022: #1 order) (mde).
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Filing 916
NOTICE OF APPEARANCE by Daniel Gross on behalf of Actavis, plc, Forest Laboratories, LLC..(Gross, Daniel)
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Filing 915
ORDER: Next week's final pretrial conference is currently scheduled for September 22, 2022. The parties are advised that the final pretrial conference will begin promptly at 9:30am on September 22, 2022 in Courtroom 24A of the Daniel Patrick Moynihan Courthouse at 500 Pearl Street and will continue until 2:30 PM, with a very short break for lunch. I apologize but have just received sad news and I must unexpectedly fly out late that Thursday afternoon to attend to a personal matter. I would appreciate it if you would update the information from your final pre-trial order to reflect the witnesses you are actually going to call and the exhibits you are actually going to introduce. Our time next Thursday will be spent largely dealing with objections to those exhibits, which should be few (after about 45 minutes, the attorneys in the DPP case suddenly lost interest in all their form objections and stipulated to the admissibility of just about everything; I might suggest that you do the same). You do not need to update your discussion of the issues to be tried - I know what issues need to be tried. I would appreciate it if you would file your updated witness lists and exhibit lists (with any objections to the exhibits noted), together with hard copy of the exhibits, no later than Monday, September 19, 2022. PLEASE do not renumber your exhibits!!!!!!!! I am not trying to make work for some poor associate or paralegal. If you are eliminating a proposed exhibit - and you have all designated way too many exhibits - just pull it and we won't use that number. I need a clean set of the proposed exhibits, in binders with tabs. Final Pretrial Conference set for 9/22/2022 at 09:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 9/13/2022) BY ECF TO ALL COUNSEL (kv)
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Filing 914
ORDER FOR ADMISSION PRO HAC VICE granting #902 Motion for Daniel P. Gross to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 9/13/2022) (vfr)
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Filing 913
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/25/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 912
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/25/2022 before Judge Colleen McMahon. Court Reporter/Transcriber: Patricia Nilsen, (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 9/30/2022. Redacted Transcript Deadline set for 10/11/2022. Release of Transcript Restriction set for 12/8/2022..(McGuirk, Kelly)
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Filing 911
DECLARATION of Kevin M. Jonke in Support re: #897 MOTION to Decertify the Class .. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D (Filed Under Seal), #5 Exhibit E (Filed Under Seal)).(Hurst, James)
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Filing 910
REPLY MEMORANDUM OF LAW in Support re: #897 MOTION to Decertify the Class . . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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Filing 909
***SELECTED PARTIES***DECLARATION of Kevin M. Jonke in Support re: #897 MOTION to Decertify the Class .. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Motion or Order to File Under Seal: #143 .(Hurst, James)
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Filing 908
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #897 MOTION to Decertify the Class . . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Hurst, James)
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Filing 907
NOTICE of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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Filing 906
***SELECTED PARTIES***NOTICE of Exhibit A to Declaration of Marvin A. Miller in Support of End-Payor Plaintiff Class's Memorandum of Law in Opposition to Defendants' Motion to Decertify the Class re: #905 Declaration in Opposition to Motion,. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #903 .(Miller, Marvin)
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Filing 905
DECLARATION of Marvin A. Miller in Opposition re: #897 MOTION to Decertify the Class .. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A Filed Under Seal, #2 Exhibit B).(Miller, Marvin)
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Filing 904
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #897 MOTION to Decertify the Class . . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #903 .(Miller, Marvin)
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Filing 903
NOTICE of of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #902 MOTION for Daniel Gross to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26617440. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 902
MOTION for Daniel Gross to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26617440. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Affidavit of Daniel Gross, #2 Exhibit -Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Gross, Daniel)
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Filing 901
DECLARATION of Kevin M. Jonke in Support re: #897 MOTION to Decertify the Class .. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B (Filed Under Seal), #3 Exhibit C (Filed Under Seal), #4 Exhibit D (Filed Under Seal), #5 Exhibit E (Filed Under Seal), #6 Exhibit F (Filed Under Seal), #7 Exhibit G (Filed Under Seal)).(Hurst, James)
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Filing 900
MEMORANDUM OF LAW in Support re: #897 MOTION to Decertify the Class . (Redacted). Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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Filing 899
***SELECTED PARTIES***DECLARATION of Kevin M. Jonke in Support re: #897 MOTION to Decertify the Class .. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A - Namenda Case Conference Transcript, #2 Exhibit B - June 2015 Report to Congress, #3 Exhibit C - Opioids - National Association of Attorneys General, #4 Exhibit D - Alzheimer's Association, 2018 facts and figures, #5 Exhibit E - New Mexico v. Illinois - Census.gov, #6 Exhibit F - Ogman Transcript, #7 Exhibit G - Vogt William Transcript.)Motion or Order to File Under Seal: #143 .(Hurst, James)
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Filing 898
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #897 MOTION to Decertify the Class . . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Hurst, James)
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Filing 897
MOTION to Decertify the Class . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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Filing 896
NOTICE of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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Minute Entry for proceedings held before Judge Colleen McMahon: Case Management Conference held on 8/25/2022. Case management conference held via Microsoft Teams. Briefing schedule set on Defendants motion to decertify the class as to damages. Submitted by: Amanda Barkin. (Court Reporter Patricia Nilsen). (mde)
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Filing 895
LETTER addressed to Judge Colleen McMahon from James F. Hurst, P.C. dated August 24, 2022 re: Response to Plaintiff's Letter to the Court, Dkt. No. 0893. Document filed by Actavis, plc, Forest Laboratories, LLC..(Hurst, James)
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Filing 894
LETTER addressed to Judge Colleen McMahon from Marvin A. Miller dated August 23, 2022 re: Discussion points for remote conference scheduled on August 25, 2022. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 893
LETTER addressed to Judge Colleen McMahon from Marvin A. Miller dated August 22, 2022 re: Response to the Court's questions on adjudicating damages on a class-wide basis. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Miller, Marvin)
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Filing 892
NOTICE OF APPEARANCE by Kevin Michael Jonke on behalf of Actavis, plc, Forest Laboratories, LLC..(Jonke, Kevin)
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Filing 891
NOTICE: A notice that a case conference in the above-captioned matter will be held before Judge Colleen McMahon on August 25, 2022, at 10:30 AM via Microsoft Teams. All counsel of record will receive a meeting invitation via email with information for joining the remote conference. Case Management Conference set for 8/25/2022 at 10:30 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 8/16/2022) (mml)
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Filing 890
DECISION AND ORDER ON THE MOTIONS IN LIMINE AND DEFENDANTS'MOTION FOR "CLARIFICATION" terminating #707 Motion in Limine; terminating #709 Motion in Limine; denying #712 Motion in Limine; terminating #715 Motion in Limine; terminating #718 Motion in Limine; terminating #720 Motion in Limine; denying #724 Motion in Limine; denying #727 Motion in Limine; terminating #730 Motion in Limine; terminating #732 Motion in Limine; granting #734 Motion in Limine; denying #737 Motion in Limine; terminating #740 Motion in Limine; terminating #743 Motion in Limine; denying #746 Motion in Limine; denying #748 Motion in Limine; terminating #750 Motion in Limine; terminating #752 Motion in Limine; terminating #754 Motion in Limine; terminating #756 Motion in Limine; terminating #759 Motion in Limine; terminating #761 Motion in Limine; terminating #763 Motion in Limine; terminating #765 Motion in Limine; terminating #768 Motion in Limine; terminating #772 Motion in Limine; terminating #774 Motion in Limine; terminating #776 Motion in Limine; terminating #778 Motion in Limine; terminating #781 Motion in Limine; terminating #863 Motion re: #707 MOTION in Limine #1 to Exclude "Hard-Switch Evidence"., #709 MOTION in Limine #2 to Confirm Admissibility of Evidence Bearing Upon Likely Patent Litigation Outcome., #712 MOTION in Limine #3 to Preclude Testimony Regarding Undisclosed Damage Opinions., #715 MOTION in Limine #4 to Preclude Evidence of Speculative Alternative Agreements to the Lexapro Amendment as Part of Fair Value Analysis., #718 MOTION in Limine #5 to Exclude Evidence and Argument Disparaging the Patent Office, Its Examiners, or the Examination Process., #720 MOTION in Limine #6 to Exclude Mention of Unfiled and Released Antitrust Claim., #724 MOTION in Limine #7 to Exclude Evidence and Argument that Foreign Courts Decisions Invalidating Foreign Patents Under Foreign Law Show a Different U.S. Patent Is Invalid Under U.S. Law., #727 MOTION in Limine #8 to Exclude Hearsay Opinions of Undisclosed, Non-Testifying Experts., #730 MOTION in Limine and Notice of Motion to Exclude Evidence Relating to Forest's Hard Switch Announcement, Namenda XR Royalty Negotiations, and Namzaric as Proof of Merz's Specific Intent., #732 MOTION in Limine # 9 to Exclude Evidence and Argument Concerning the Profitability of the Original Lexapro Agreement., #734 MOTION in Limine #10 to Preclude William G. Vogt from offering Testimony on Unjust Enrichment Damages., #737 MOTION in Limine #11 to Exclude Vogt's Opinions and Testimony about Government Payments in his Damages Calculations., #740 MOTION in Limine #12 to Preclude Plaintiff's Theory that the Acceleration Clause are Independently Anticompetitive., #743 MOTION in Limine #13 to Exclude Late-Produced Teva Declaration., #746 MOTION in Limine No. 1 to Preclude Evidence and Argument Regarding Reputation, Social, and Political Issues., #748 MOTION in Limine No. 2 to Exclude References to Defendants' Expert Sue Robinson as a Former Judge., #750 MOTION in Limine No. 3 to Exclude Evidence or Argument Disparaging Generic Drugs or Touting the Quality or Benefits of Brand Drugs., #752 MOTION in Limine No. 4 to Preclude any References to an Adverse Impact that a Damages or Equitable Award Would have on the Defendants or Pharmaceutical Industry., #754 MOTION in Limine No. 5 to Permit Use of the Term "Payors" to Refer to the Plaintiff Class Members, and to Preclude Broad Use of the Term "Insurers" to Refer to Plaintiff Class Members., #756 MOTION in Limine No. 6 to Preclude Defendants from Introducing Evidence or Argument Concerning Investigations or Alleged Wrongdoing., #759 MOTION in Limine No. 7 to Exclude Testimony of Mr. Richard Zimmerer., #761 MOTION in Limine No. 8 to Exclude Evidence that Defendants' Reverse Payment to Mylan was not "Large" in Relation to Namenda's Sales and Profits and Therefore not Anticompetitive Under F.T.C. v. Actavis., #763 MOTION in Limine No. 9 to Preclude Argument Regarding Plaintiff's Settlements with the Settling Generics and that Plaintiff did not Sue Other Generic Challengers., #765 MOTION in Limine No. 10 to Preclude Argument or Evidence Regarding Past or Present Litigation Involving the Plaintiff Class or their Counsel., #768 MOTION in Limine No. 11 to Preclude the Use of the DRL Deal Memo., #772 MOTION in Limine No. 12 to Preclude References to "Unexplained" in the Context of the Standard Articulated in Actavis., #774 MOTION in Limine No. 13 to Exclude Non-Cognizable Procompetitive Justifications., #776 MOTION in Limine No. 14 to Exclude Mention of Double and Treble Damages, Attorneys Fees, or Costs., #778 MOTION in Limine No. 15 to Preclude Defendants from Introducing Evidence or Argument Concerning Purported Pass-On of Overcharges by End-Payors., #781 MOTION in Limine No. 16 to Exclude Evidence or Argument Regarding the Parties' Size or Financial Condition., #863 MOTION Clarification of the Court's Decision and Order Granting in Part Defendants' Daubert Motion to Exclude the Testimony of Susan Marchetti re: #689 Memorandum & Opinion. This constitutes the decision and order of the Court. It is a written opinion.The Clerk is directed to remove the following motions from the court's list of open motions: 707, 709, 712, 715, 718, 720, 724, 727, 730, 732, 734, 737, 740, 743, 746, 748, 750, 752, 754, 756, 759, 761, 763, 765, 768, 772, 774, 776, 778, 781, 863. (Signed by Judge Colleen McMahon on 8/15/2022) (mml) Modified on 8/23/2022 (mml).
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Filing 889
LETTER addressed to Judge Colleen McMahon from James F. Hurst, P.C. dated 08/09/2022 re: Requesting Electronic Devices for use during the Final Pretrial Conference and Trial. Document filed by Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A- Proposed Order).(Hurst, James)
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Filing 888
DECLARATION of Eric J. Miller re (A) Mailing of the Notice; (B) Publication of Summary Notice; and (C) Report on Requests for Exclusion. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Miller, Marvin)
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Filing 887
LETTER addressed to Judge Colleen McMahon from Marvin A. Miller dated August 9, 2022 re: Request for conference re allocation of time and structure of trial. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit ECF No. 866, #2 Exhibit ECF No. 869).(Miller, Marvin)
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Filing 886
ORDER: In working my way through the in limine motions I see that the parties (or at least Defendants) are under the impression that my decision to bifurcate the issues of liability and damages applied only in the DPP case. It does not. There is just as much reason (perhaps more) to bifurcate the issues of liability and damages at the IPP trial, and we will do so. I am not aware of having said anything specific to the contrary, but if I did, I take it back. I have reached the conclusion that there is simply no other way to try this case if it is to be tried to a jury. (Signed by Judge Colleen McMahon on 8/2/2022) BY ECF TO ALL COUNSEL (kv) (Main Document 886 replaced on 8/2/2022) (kv).
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Filing 885
REPLY MEMORANDUM OF LAW in Support re: #863 MOTION Clarification of the Court's Decision and Order Granting in Part Defendants' Daubert Motion to Exclude the Testimony of Susan Marchetti re: #689 Memorandum & Opinion,,,,,, . . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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Filing 884
***SELECTED PARTIES***DECLARATION of Ankur Kapoor in Opposition re: #863 MOTION Clarification of the Court's Decision and Order Granting in Part Defendants' Daubert Motion to Exclude the Testimony of Susan Marchetti re: #689 Memorandum & Opinion,,,,,, .. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 Exhibit 1)Motion or Order to File Under Seal: #883 .(Miller, Marvin)
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Filing 883
NOTICE of of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 882
MEMORANDUM OF LAW in Opposition re: #863 MOTION Clarification of the Court's Decision and Order Granting in Part Defendants' Daubert Motion to Exclude the Testimony of Susan Marchetti re: #689 Memorandum & Opinion,,,,,, . . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 881
NOTICE OF APPEARANCE by Justin Lloyd Ormand on behalf of Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Ormand, Justin)
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Filing 880
ORDER FOR ADMISSION PRO HAC VICE granting #879 Motion for Melissa H. Maxman to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Colleen McMahon on 7/11/2022) (kv)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #879 MOTION for Melissa H. Maxman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26378508. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 879
MOTION for Melissa H. Maxman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26378508. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Affidavit of Melissa H. Maxman in Support of Pro Hac Vice Admission, #2 Exhibit 1 - DC Certificate of Good Standing, #3 Exhibit 2 - Maryland Certificate of Good Standing, #4 Exhibit 3 - Pennsylvania Certificate of Good Standing, #5 Exhibit 4 - Virginia Certificate of Good Standing, #6 Text of Proposed Order of Motion for Pro Hac Vice Admission).(Maxman, Melissa)
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Filing 878
NOTICE OF APPEARANCE by Derek Jackson on behalf of Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Jackson, Derek)
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Filing 877
NOTICE OF APPEARANCE by Alexandra Theobald on behalf of Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Theobald, Alexandra)
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Filing 876
NOTICE OF APPEARANCE by David Lisner on behalf of Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Lisner, David)
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Filing 875
NOTICE OF CHANGE OF ADDRESS by Matthew E Van Tine on behalf of Sergeants Benevolent Association Health & Welfare Fund. New Address: Miller Law LLC, 145 S. Wells Street, 18th Floor, Chicago, IL, U.S. 60606, (312) 332-3400..(Van Tine, Matthew)
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Filing 874
NOTICE OF CHANGE OF ADDRESS by Lori Ann Fanning on behalf of Sergeants Benevolent Association Health & Welfare Fund. New Address: Miller Law LLC, 145 S. Wells Street, 18th Floor, Chicago, IL, U.S. 60606, (312) 332-3400..(Fanning, Lori)
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Filing 873
NOTICE OF CHANGE OF ADDRESS by Kathleen Ellen Boychuck on behalf of Sergeants Benevolent Association Health & Welfare Fund. New Address: Miller Law LLC, 145 S. Wells Street, 18th Floor, Chicago, IL, U.S. 60606, (312) 332-3400..(Boychuck, Kathleen)
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Filing 872
NOTICE OF CHANGE OF ADDRESS by Andrew Szot on behalf of Sergeants Benevolent Association Health & Welfare Fund. New Address: Miller Law LLC, 145 S. Wells Street, 18th Floor, Chicago, IL, U.S. 60606, (312) 332-3400..(Szot, Andrew)
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Filing 871
NOTICE OF CHANGE OF ADDRESS by Marvin Alan Miller on behalf of Sergeants Benevolent Association Health & Welfare Fund. New Address: Miller Law LLC, 145 S. Wells Street, 18th Floor, Chicago, IL, U.S. 60606, (312) 332-3400..(Miller, Marvin)
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Filing 870
NOTICE OF APPEARANCE by Rachael Rezabek on behalf of Actavis, plc, Forest Laboratories, LLC..(Rezabek, Rachael)
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Filing 869
LETTER addressed to Judge Colleen McMahon from Amanda Hollis, P.C. dated 07/05/2022 re: response to Plaintiff's 7/5/22 letter requesting a conference about trial time limits. Document filed by Actavis, plc, Forest Laboratories, LLC..(Hollis, Amanda)
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Filing 868
ORDER FOR ADMISSION PRO HAC VICE granting #862 Motion for Rachael A. Rezabek to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 7/5/2022) (vfr)
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Filing 867
MOTION Application to Bring Personal Electronic Device(s) or General-Purpose Computing Device(s) into the Courthouses of the Southern District of New York for Use in a Proceeding or Trial . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Text of Proposed Order Proposed Order).(Miller, Marvin)
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Filing 866
LETTER addressed to Judge Colleen McMahon from Marvin A. Miller dated July 5, 2022 re: Length of trial and time limits. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 865
DECLARATION of Candice A. Andalia in Support re: #863 MOTION Clarification of the Court's Decision and Order Granting in Part Defendants' Daubert Motion to Exclude the Testimony of Susan Marchetti re: #689 Memorandum & Opinion,,,,,, .. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit -1, #2 Exhibit -2, #3 Exhibit -3).(Andalia, Candice)
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Filing 864
MEMORANDUM OF LAW in Support re: #863 MOTION Clarification of the Court's Decision and Order Granting in Part Defendants' Daubert Motion to Exclude the Testimony of Susan Marchetti re: #689 Memorandum & Opinion,,,,,, . . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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Filing 863
MOTION Clarification of the Court's Decision and Order Granting in Part Defendants' Daubert Motion to Exclude the Testimony of Susan Marchetti re: #689 Memorandum & Opinion,,,,,, . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hurst, James)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #862 MOTION for Rachael A. Rezabek to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26348813. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 862
MOTION for Rachael A. Rezabek to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26348813. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Affidavit in Support of Pro Hac Vice Admission, #2 Exhibit - Texas Certificate of Good Standing, #3 Exhibit - California Certificate of Good Standing, #4 Text of Proposed Order - Proposed Order).(Rezabek, Rachael)
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Filing 861
NOTICE OF APPEARANCE by Candice Amber Andalia on behalf of Actavis, plc, Forest Laboratories, LLC..(Andalia, Candice)
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Filing 860
MEMO ENDORSEMENT on re: #859 Letter filed by Sergeants Benevolent Association Health & Welfare Fund. ENDORSEMENT: Oh, Mr. Safirstein, I would never ruin a family wedding. We can start on October 19. Unfortunately another criminal trial asked for the late November early December time slot, so I really must move you earlier. SO ORDERED. (Signed by Judge Colleen McMahon on 5/10/2022) (kv)
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Filing 859
LETTER addressed to Judge Colleen McMahon from Peter Safirstein dated 05/10/2022 re: Request for Change of Trial Date. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Safirstein, Peter)
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Filing 858
ENDORSED LETTER addressed to to all counsel from Judge McMahon dated 5/10/2022 re: new trial date. ENDORSEMENT: A criminal trial that was set for October 11, 2022 is no longer going forward on that date. As a result, the above-captioned case is being moved up on the court's calendar, from November 30th to October 12. Jury selection will be held on that date. The final pretrial conference is rescheduled for Thursday, September 22 at 10 AM.., ( Final Pretrial Conference set for 9/22/2022 at 10:00 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 5/10/2022) (rro)
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Filing 857
MEMO ENDORSEMENT granting #856 Motion to Withdraw as Attorney. ENDORSEMENT: Granted. Remove her name from the ECF List. Attorney Alexandra Corbett Strang terminated. (Signed by Judge Colleen McMahon on 5/10/2022) (rro)
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Filing 856
MOTION for Allie Strang to Withdraw as Attorney . Document filed by Amneal Pharmaceuticals, LLC, Sun Pharmaceutical Industries Ltd., Upsher-Smith Laboratories, Inc...(Strang, Alexandra)
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Filing 855
TRIAL NOTICE: Please take notice that the above captioned matter has been scheduled to be tried during the fourth quarter of 2022. A final pre-trial conference has been scheduled for Thursday, November 18, 2022 at 10:00 a.m. The matter has been assigned a trial date of Wednesday, November 30, 2022 at 9:30 a.m., in courtroom 24A, at the U. S. District Courthouse, 500 Pearl Street, New York, New York 10007. Parties are directed to file all trial documents required by Judge McMahon's Individual Practices. Courtesy copies of trial papers should be provided to chambers via mail or they can be hand delivered. This is a firm date. No adjournments will be granted. Final Pretrial Conference set for 11/18/2022 at 10:00 AM before Judge Colleen McMahon. Jury Trial set for 11/30/2022 at 09:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 5/4/2022) (kv)
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Filing 854
MEMO ENDORSEMENT on re: #853 Notice (Other) filed by Sergeants Benevolent Association Health & Welfare Fund. ENDORSEMENT: I will set a trial date when I am able. It will not be in the next 6 months. Maybe longer. SO ORDERED. (Signed by Judge Colleen McMahon on 4/5/2022) (kv)
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Filing 853
NOTICE of Joint Mediation Report. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 852
MEMO ENDORSEMENT on re: #850 Letter Request for Trial Date filed by Sergeants Benevolent Association Health & Welfare Fund. ENDORSEMENT: I cannot give you an Order for a date certain for trial in September, because the Court has not yet returned to allowing judges to commit to dates certain - anyone who is handing out "dates certain" is only making a best guess. I told you that I intend to put in for a trial date in September or in Q4 if we don't get September. If and when I am able to assign dates certain, rest assured you will get one - right behind my criminal trial. (Signed by Judge Colleen McMahon on 3/10/22) (yv)
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Filing 851
LETTER addressed to Judge Colleen McMahon from James F. Hurst, P.C. dated 03/09/2022 re: Response to Plaintiff's Letter, Dkt. 850. Document filed by Forest Laboratories, LLC. (Attachments: #1 Exhibit).(Hurst, James)
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Filing 850
LETTER addressed to Judge Colleen McMahon from Marvin A. Miller dated March 7, 2022 re: Request for Trial Date. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 849
NOTICE OF APPEARANCE by Gabor Balassa on behalf of Actavis, plc, Forest Laboratories, LLC..(Balassa, Gabor)
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Filing 848
ORDER FOR ADMISSION PRO HAC VICE granting #846 Motion for Gabor Balassa to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys.. (Signed by Judge Colleen McMahon on 2/28/2022) (kv)
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Filing 847
NOTICE OF CHANGE OF ADDRESS by John Roberti on behalf of Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. New Address: Cohen & Gresser LLP, 2001 Pennsylvania Avenue NW, Suite 300, Washington, DC, USA 20006, (202) 851-2073..(Roberti, John)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #846 MOTION for Gabor Balassa to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25761393. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 846
MOTION for Gabor Balassa to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25761393. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Affidavit Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Balassa, Gabor)
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Filing 845
NOTICE OF APPEARANCE by Erin Camille Johnston on behalf of Actavis, plc, Forest Laboratories, LLC..(Johnston, Erin)
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Filing 844
NOTICE of Withdrawal of Counsel. Document filed by Actavis, plc, Forest Laboratories, LLC..(Adendorff, Olivia)
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Filing 843
MEMO ENDORSEMENT on re: #841 Status Report filed by Sergeants Benevolent Association Health & Welfare Fund. ENDORSEMENT: Excellent, you could not have chosen a better mediator than Judge Hochberg. I look forward to your next report. SO ORDERED. (Signed by Judge Colleen McMahon on 1/24/2022) (kv)
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Filing 842
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL FOR PLAINTIFF: IT TS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel, and pursuant to Local Civil Rule l.4, that the law firm of Safirstein Law LLC shall be substituted in the place and stead of Safirstein Metcalf LLP (in dissolution), as counsel of record for Plaintiff in the above-captioned matter. Plaintiff enters into this substitution of counsel knowingly and voluntarily. SO ORDERED. (Signed by Judge Colleen McMahon on 1/13/2022) (kv)
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Filing 841
STATUS REPORT. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 840
DECLARATION of Peter Safirstein re: #838 Proposed Stipulation and Order . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Safirstein, Peter)
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Filing 838
PROPOSED STIPULATION AND ORDER. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Safirstein, Peter)
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***DELETED DOCUMENT. Deleted document number 839 Proposed Stipulation and Order. The document was incorrectly filed in this case. (lb)
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Filing 837
MEMO ENDORSEMENT on re: #836 Letter filed by Sergeants Benevolent Association Health & Welfare Fund. ENDORSEMENT: We did not get an assigned Trial date for the first quarter of 2022. I will schedule a conference in February or late Jan. By 1/17/2022, I need a status report on where you are on settlement. My deputy will contact you about the conference date. So Ordered. (Signed by Judge Colleen McMahon on 12/20/2021) (js)
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Filing 836
LETTER addressed to Judge Colleen McMahon from Marvin A. Miller dated December 17, 2021 re: Request for Status Conference. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 835
PROPOSED JURY INSTRUCTIONS. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37).(Royall, Michael)
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Filing 834
PROPOSED VOIR DIRE QUESTIONS. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 833
NOTICE of Defendants' Proposed Verdict Form. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 832
NOTICE of Proposed Jury Verdict Slip. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A Plaintiff Class' Proposed Verdict Slip).(Miller, Marvin)
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Filing 831
PROPOSED VOIR DIRE QUESTIONS. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 830
PROPOSED JURY INSTRUCTIONS. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 829
PROPOSED JURY INSTRUCTIONS. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B).(Miller, Marvin)
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Filing 828
INTERNET CITATION NOTE: Material from decision with Internet citation re: #185 Order on Motion for Discovery. (sjo)
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Filing 827
INTERNET CITATION NOTE: Material from decision with Internet citation re: #185 Order on Motion for Discovery. (sjo)
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Filing 826
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #709 MOTION in Limine #2 to Confirm Admissibility of Evidence Bearing Upon Likely Patent Litigation Outcome. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 825
***SELECTED PARTIES***DECLARATION of Margaux Poueymirou in Opposition re: #732 MOTION in Limine # 9 to Exclude Evidence and Argument Concerning the Profitability of the Original Lexapro Agreement.. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 824
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #732 MOTION in Limine # 9 to Exclude Evidence and Argument Concerning the Profitability of the Original Lexapro Agreement. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 823
DECLARATION of Marvin A. Miller in Opposition re: #743 MOTION in Limine #13 to Exclude Late-Produced Teva Declaration.. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Miller, Marvin)
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Filing 822
MEMORANDUM OF LAW in Opposition re: #743 MOTION in Limine #13 to Exclude Late-Produced Teva Declaration. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 821
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #718 MOTION in Limine #5 to Exclude Evidence and Argument Disparaging the Patent Office, Its Examiners, or the Examination Process. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 820
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #724 MOTION in Limine #7 to Exclude Evidence and Argument that Foreign Courts Decisions Invalidating Foreign Patents Under Foreign Law Show a Different U.S. Patent Is Invalid Under U.S. Law. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 819
DECLARATION of Marvin A. Miller in Opposition re: #715 MOTION in Limine #4 to Preclude Evidence of Speculative Alternative Agreements to the Lexapro Amendment as Part of Fair Value Analysis.. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A).(Miller, Marvin)
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Filing 818
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #720 MOTION in Limine #6 to Exclude Mention of Unfiled and Released Antitrust Claim. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 817
MEMORANDUM OF LAW in Opposition re: #715 MOTION in Limine #4 to Preclude Evidence of Speculative Alternative Agreements to the Lexapro Amendment as Part of Fair Value Analysis. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 816
***SELECTED PARTIES***DECLARATION of Marvin A. Miller in Opposition re: #730 MOTION in Limine and Notice of Motion to Exclude Evidence Relating to Forest's Hard Switch Announcement, Namenda XR Royalty Negotiations, and Namzaric as Proof of Merz's Specific Intent.. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Motion or Order to File Under Seal: #812 .(Miller, Marvin)
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Filing 815
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #730 MOTION in Limine and Notice of Motion to Exclude Evidence Relating to Forest's Hard Switch Announcement, Namenda XR Royalty Negotiations, and Namzaric as Proof of Merz's Specific Intent. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #812 .(Miller, Marvin)
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Filing 814
***SELECTED PARTIES***DECLARATION of Marvin A. Miller in Opposition re: #707 MOTION in Limine #1 to Exclude "Hard-Switch Evidence".. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Motion or Order to File Under Seal: #812 .(Miller, Marvin)
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Filing 813
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #707 MOTION in Limine #1 to Exclude "Hard-Switch Evidence". . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #812 .(Miller, Marvin)
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Filing 812
NOTICE of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 811
MEMORANDUM OF LAW in Opposition re: #727 MOTION in Limine #8 to Exclude Hearsay Opinions of Undisclosed, Non-Testifying Experts. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 810
RESPONSE to Motion re: #740 MOTION in Limine #12 to Preclude Plaintiff's Theory that the Acceleration Clause are Independently Anticompetitive. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 809
MEMORANDUM OF LAW in Opposition re: #737 MOTION in Limine #11 to Exclude Vogt's Opinions and Testimony about Government Payments in his Damages Calculations. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 808
MEMORANDUM OF LAW in Opposition re: #734 MOTION in Limine #10 to Preclude William G. Vogt from offering Testimony on Unjust Enrichment Damages. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 807
MEMORANDUM OF LAW in Opposition re: #712 MOTION in Limine #3 to Preclude Testimony Regarding Undisclosed Damage Opinions. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 806
***SELECTED PARTIES***DECLARATION of M. Sean Royall in Opposition re: #746 MOTION in Limine No. 1 to Preclude Evidence and Argument Regarding Reputation, Social, and Political Issues.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 805
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #746 MOTION in Limine No. 1 to Preclude Evidence and Argument Regarding Reputation, Social, and Political Issues. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 804
***SELECTED PARTIES***DECLARATION of M. Sean Royall in Opposition re: #781 MOTION in Limine No. 16 to Exclude Evidence or Argument Regarding the Parties' Size or Financial Condition.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 803
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #781 MOTION in Limine No. 16 to Exclude Evidence or Argument Regarding the Parties' Size or Financial Condition. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 802
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #778 MOTION in Limine No. 15 to Preclude Defendants from Introducing Evidence or Argument Concerning Purported Pass-On of Overcharges by End-Payors. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 801
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #776 MOTION in Limine No. 14 to Exclude Mention of Double and Treble Damages, Attorneys Fees, or Costs. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 800
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #774 MOTION in Limine No. 13 to Exclude Non-Cognizable Procompetitive Justifications. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 799
MEMORANDUM OF LAW in Opposition re: #772 MOTION in Limine No. 12 to Preclude References to "Unexplained" in the Context of the Standard Articulated in Actavis. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 798
DECLARATION of M. Sean Royall in Opposition re: #768 MOTION in Limine No. 11 to Preclude the Use of the DRL Deal Memo.. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A).(Royall, Michael)
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Filing 797
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #768 MOTION in Limine No. 11 to Preclude the Use of the DRL Deal Memo. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 796
DECLARATION of Olivia Adendorff in Opposition re: #765 MOTION in Limine No. 10 to Preclude Argument or Evidence Regarding Past or Present Litigation Involving the Plaintiff Class or their Counsel.. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Adendorff, Olivia)
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Filing 795
MEMORANDUM OF LAW in Opposition re: #765 MOTION in Limine No. 10 to Preclude Argument or Evidence Regarding Past or Present Litigation Involving the Plaintiff Class or their Counsel. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 794
MEMORANDUM OF LAW in Opposition re: #763 MOTION in Limine No. 9 to Preclude Argument Regarding Plaintiff's Settlements with the Settling Generics and that Plaintiff did not Sue Other Generic Challengers. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 793
DECLARATION of M. Sean Royall in Opposition re: #761 MOTION in Limine No. 8 to Exclude Evidence that Defendants' Reverse Payment to Mylan was not "Large" in Relation to Namenda's Sales and Profits and Therefore not Anticompetitive Under F.T.C. v. Actavis.. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A).(Royall, Michael)
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Filing 792
MEMORANDUM OF LAW in Opposition re: #761 MOTION in Limine No. 8 to Exclude Evidence that Defendants' Reverse Payment to Mylan was not "Large" in Relation to Namenda's Sales and Profits and Therefore not Anticompetitive Under F.T.C. v. Actavis. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 791
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #759 MOTION in Limine No. 7 to Exclude Testimony of Mr. Richard Zimmerer. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 790
***SELECTED PARTIES***DECLARATION of M. Sean Royall in Opposition re: #756 MOTION in Limine No. 6 to Preclude Defendants from Introducing Evidence or Argument Concerning Investigations or Alleged Wrongdoing.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B)Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 789
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #756 MOTION in Limine No. 6 to Preclude Defendants from Introducing Evidence or Argument Concerning Investigations or Alleged Wrongdoing. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 788
MEMORANDUM OF LAW in Opposition re: #754 MOTION in Limine No. 5 to Permit Use of the Term "Payors" to Refer to the Plaintiff Class Members, and to Preclude Broad Use of the Term "Insurers" to Refer to Plaintiff Class Members. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 787
MEMORANDUM OF LAW in Opposition re: #752 MOTION in Limine No. 4 to Preclude any References to an Adverse Impact that a Damages or Equitable Award Would have on the Defendants or Pharmaceutical Industry. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 786
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #750 MOTION in Limine No. 3 to Exclude Evidence or Argument Disparaging Generic Drugs or Touting the Quality or Benefits of Brand Drugs. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 785
MEMORANDUM OF LAW in Opposition re: #748 MOTION in Limine No. 2 to Exclude References to Defendants' Expert Sue Robinson as a Former Judge. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 784
NOTICE of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 783
STIPULATION: Plaintiff Sergeant Benevolent Association Health & Welfare Fund ("Plaintiff" or "SBA") and Defendants Forest Laboratories ("Forest") and Merz Pharmaceuticals ("Merz," and together with Forest, "Defendants") hereby stipulate as follows: 1. The parties agree not to reference in front of the jury the lawsuit in the related Direct Purchaser Litigation, In re Namenda Direct Purchaser Antitrust Litig., 15-cv-7488 (S.D.N.Y.), except as necessary to explain the context of evidence that the parties may introduce at trial. 2. The parties agree not to reference in front of the jury the settlement or recovery in the related Direct Purchaser Litigation, In re Namenda Direct Purchaser Antitrust Litig., 15-cv-7488 (S.D.N.Y.). 3. The Parties agree not to use the following words to refer to agreements between Forest, Merz and/or Mylan: bribery, bribe, bribing, or kickback. For the avoidance of doubt, the Parties reserve the right to use, or object to the use of, other terms not specifically delineated herein. SO ORDERED. (Signed by Judge Colleen McMahon on 11/1/2021) (jca)
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Filing 782
MEMORANDUM OF LAW in Support re: #781 MOTION in Limine No. 16 to Exclude Evidence or Argument Regarding the Parties' Size or Financial Condition. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 781
MOTION in Limine No. 16 to Exclude Evidence or Argument Regarding the Parties' Size or Financial Condition. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 780
DECLARATION of Marvin A. Miller in Support re: #778 MOTION in Limine No. 15 to Preclude Defendants from Introducing Evidence or Argument Concerning Purported Pass-On of Overcharges by End-Payors.. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A).(Miller, Marvin)
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Filing 779
MEMORANDUM OF LAW in Support re: #778 MOTION in Limine No. 15 to Preclude Defendants from Introducing Evidence or Argument Concerning Purported Pass-On of Overcharges by End-Payors. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 778
MOTION in Limine No. 15 to Preclude Defendants from Introducing Evidence or Argument Concerning Purported Pass-On of Overcharges by End-Payors. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 777
MEMORANDUM OF LAW in Support re: #776 MOTION in Limine No. 14 to Exclude Mention of Double and Treble Damages, Attorneys Fees, or Costs. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 776
MOTION in Limine No. 14 to Exclude Mention of Double and Treble Damages, Attorneys Fees, or Costs. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 775
MEMORANDUM OF LAW in Support re: #774 MOTION in Limine No. 13 to Exclude Non-Cognizable Procompetitive Justifications. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 774
MOTION in Limine No. 13 to Exclude Non-Cognizable Procompetitive Justifications. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 773
MEMORANDUM OF LAW in Support re: #772 MOTION in Limine No. 12 to Preclude References to "Unexplained" in the Context of the Standard Articulated in Actavis. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 772
MOTION in Limine No. 12 to Preclude References to "Unexplained" in the Context of the Standard Articulated in Actavis. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 771
***SELECTED PARTIES***DECLARATION of Ankur Kapoor, Esq. in Support re: #759 MOTION in Limine No. 7 to Exclude Testimony of Mr. Richard Zimmerer., #768 MOTION in Limine No. 11 to Preclude the Use of the DRL Deal Memo.. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 770
NOTICE of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Kapoor, Ankur)
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Filing 769
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #768 MOTION in Limine No. 11 to Preclude the Use of the DRL Deal Memo. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. Motion or Order to File Under Seal: #767 .(Miller, Marvin)
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Filing 768
MOTION in Limine No. 11 to Preclude the Use of the DRL Deal Memo. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 767
NOTICE of of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 766
MEMORANDUM OF LAW in Support re: #765 MOTION in Limine No. 10 to Preclude Argument or Evidence Regarding Past or Present Litigation Involving the Plaintiff Class or their Counsel. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 765
MOTION in Limine No. 10 to Preclude Argument or Evidence Regarding Past or Present Litigation Involving the Plaintiff Class or their Counsel. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 764
MEMORANDUM OF LAW in Support re: #763 MOTION in Limine No. 9 to Preclude Argument Regarding Plaintiff's Settlements with the Settling Generics and that Plaintiff did not Sue Other Generic Challengers. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 763
MOTION in Limine No. 9 to Preclude Argument Regarding Plaintiff's Settlements with the Settling Generics and that Plaintiff did not Sue Other Generic Challengers. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 762
MEMORANDUM OF LAW in Support re: #761 MOTION in Limine No. 8 to Exclude Evidence that Defendants' Reverse Payment to Mylan was not "Large" in Relation to Namenda's Sales and Profits and Therefore not Anticompetitive Under F.T.C. v. Actavis. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 761
MOTION in Limine No. 8 to Exclude Evidence that Defendants' Reverse Payment to Mylan was not "Large" in Relation to Namenda's Sales and Profits and Therefore not Anticompetitive Under F.T.C. v. Actavis. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 760
MEMORANDUM OF LAW in Support re: #759 MOTION in Limine No. 7 to Exclude Testimony of Mr. Richard Zimmerer. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 759
MOTION in Limine No. 7 to Exclude Testimony of Mr. Richard Zimmerer. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 758
DECLARATION of Marvin A. Miller in Support re: #756 MOTION in Limine No. 6 to Preclude Defendants from Introducing Evidence or Argument Concerning Investigations or Alleged Wrongdoing.. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Miller, Marvin)
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Filing 757
MEMORANDUM OF LAW in Support re: #756 MOTION in Limine No. 6 to Preclude Defendants from Introducing Evidence or Argument Concerning Investigations or Alleged Wrongdoing. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 756
MOTION in Limine No. 6 to Preclude Defendants from Introducing Evidence or Argument Concerning Investigations or Alleged Wrongdoing. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 755
MEMORANDUM OF LAW in Support re: #754 MOTION in Limine No. 5 to Permit Use of the Term "Payors" to Refer to the Plaintiff Class Members, and to Preclude Broad Use of the Term "Insurers" to Refer to Plaintiff Class Members. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 754
MOTION in Limine No. 5 to Permit Use of the Term "Payors" to Refer to the Plaintiff Class Members, and to Preclude Broad Use of the Term "Insurers" to Refer to Plaintiff Class Members. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 753
MEMORANDUM OF LAW in Support re: #752 MOTION in Limine No. 4 to Preclude any References to an Adverse Impact that a Damages or Equitable Award Would have on the Defendants or Pharmaceutical Industry. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 752
MOTION in Limine No. 4 to Preclude any References to an Adverse Impact that a Damages or Equitable Award Would have on the Defendants or Pharmaceutical Industry. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 751
MEMORANDUM OF LAW in Support re: #750 MOTION in Limine No. 3 to Exclude Evidence or Argument Disparaging Generic Drugs or Touting the Quality or Benefits of Brand Drugs. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 750
MOTION in Limine No. 3 to Exclude Evidence or Argument Disparaging Generic Drugs or Touting the Quality or Benefits of Brand Drugs. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 749
MEMORANDUM OF LAW in Support re: #748 MOTION in Limine No. 2 to Exclude References to Defendants' Expert Sue Robinson as a Former Judge. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 748
MOTION in Limine No. 2 to Exclude References to Defendants' Expert Sue Robinson as a Former Judge. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 747
MEMORANDUM OF LAW in Support re: #746 MOTION in Limine No. 1 to Preclude Evidence and Argument Regarding Reputation, Social, and Political Issues. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 746
MOTION in Limine No. 1 to Preclude Evidence and Argument Regarding Reputation, Social, and Political Issues. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 745
***SELECTED PARTIES***DECLARATION of M. Sean Royall in Support re: #743 MOTION in Limine #13 to Exclude Late-Produced Teva Declaration.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 744
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #743 MOTION in Limine #13 to Exclude Late-Produced Teva Declaration. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 743
MOTION in Limine #13 to Exclude Late-Produced Teva Declaration. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 742
***SELECTED PARTIES***DECLARATION of M. Sean Royall in Support re: #740 MOTION in Limine #12 to Preclude Plaintiff's Theory that the Acceleration Clause are Independently Anticompetitive.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1)Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 741
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #740 MOTION in Limine #12 to Preclude Plaintiff's Theory that the Acceleration Clause are Independently Anticompetitive. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 740
MOTION in Limine #12 to Preclude Plaintiff's Theory that the Acceleration Clause are Independently Anticompetitive. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 739
***SELECTED PARTIES***DECLARATION of M. Sean Royall in Support re: #737 MOTION in Limine #11 to Exclude Vogt's Opinions and Testimony about Government Payments in his Damages Calculations.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1)Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 738
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #737 MOTION in Limine #11 to Exclude Vogt's Opinions and Testimony about Government Payments in his Damages Calculations. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 737
MOTION in Limine #11 to Exclude Vogt's Opinions and Testimony about Government Payments in his Damages Calculations. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 736
DECLARATION of William H. Bave III in Support re: #730 MOTION in Limine and Notice of Motion to Exclude Evidence Relating to Forest's Hard Switch Announcement, Namenda XR Royalty Negotiations, and Namzaric as Proof of Merz's Specific Intent.. Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Bave, William)
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Filing 735
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #734 MOTION in Limine #10 to Preclude William G. Vogt from offering Testimony on Unjust Enrichment Damages. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 734
MOTION in Limine #10 to Preclude William G. Vogt from offering Testimony on Unjust Enrichment Damages. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 733
MEMORANDUM OF LAW in Support re: #732 MOTION in Limine # 9 to Exclude Evidence and Argument Concerning the Profitability of the Original Lexapro Agreement. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 732
MOTION in Limine # 9 to Exclude Evidence and Argument Concerning the Profitability of the Original Lexapro Agreement. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 731
MEMORANDUM OF LAW in Support re: #730 MOTION in Limine and Notice of Motion to Exclude Evidence Relating to Forest's Hard Switch Announcement, Namenda XR Royalty Negotiations, and Namzaric as Proof of Merz's Specific Intent. . Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 730
MOTION in Limine and Notice of Motion to Exclude Evidence Relating to Forest's Hard Switch Announcement, Namenda XR Royalty Negotiations, and Namzaric as Proof of Merz's Specific Intent. Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 729
***SELECTED PARTIES***DECLARATION of M. Sean Royall in Support re: #727 MOTION in Limine #8 to Exclude Hearsay Opinions of Undisclosed, Non-Testifying Experts.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1.1, #2 Exhibit 1.2, #3 Exhibit 1.3, #4 Exhibit 1.4, #5 Exhibit 1.5, #6 Exhibit 1.6, #7 Exhibit 1.7, #8 Exhibit 1.8, #9 Exhibit 1.9, #10 Exhibit 1.10, #11 Exhibit 1.11, #12 Exhibit 1.12)Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 728
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #727 MOTION in Limine #8 to Exclude Hearsay Opinions of Undisclosed, Non-Testifying Experts. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 727
MOTION in Limine #8 to Exclude Hearsay Opinions of Undisclosed, Non-Testifying Experts. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 726
***SELECTED PARTIES***DECLARATION of M. Sean Royall in Support re: #724 MOTION in Limine #7 to Exclude Evidence and Argument that Foreign Courts Decisions Invalidating Foreign Patents Under Foreign Law Show a Different U.S. Patent Is Invalid Under U.S. Law.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10.1, #11 Exhibit 10.2, #12 Exhibit 10.3, #13 Exhibit 10.4, #14 Exhibit 10.5, #15 Exhibit 10.6, #16 Exhibit 10.7, #17 Exhibit 10.8, #18 Exhibit 10.9, #19 Exhibit 10.10, #20 Exhibit 10.11, #21 Exhibit 10.12, #22 Exhibit 10.13, #23 Exhibit 10.14, #24 Exhibit 10.15, #25 Exhibit 10.16, #26 Exhibit 10.17, #27 Exhibit 10.18, #28 Exhibit 10.19, #29 Exhibit 10.20, #30 Exhibit 10.21, #31 Exhibit 10.22, #32 Exhibit 10.23, #33 Exhibit 10.24, #34 Exhibit 10.25, #35 Exhibit 10.26, #36 Exhibit 10.27, #37 Exhibit 10.28, #38 Exhibit 10.29, #39 Exhibit 10.30, #40 Exhibit 10.31, #41 Exhibit 10.32, #42 Exhibit 10.33, #43 Exhibit 10.34, #44 Exhibit 10.35, #45 Exhibit 10.36, #46 Exhibit 10.37, #47 Exhibit 10.38, #48 Exhibit 10.39, #49 Exhibit 10.40, #50 Exhibit 10.41, #51 Exhibit 10.42, #52 Exhibit 10.43, #53 Exhibit 10.44, #54 Exhibit 10.45, #55 Exhibit 10.46, #56 Exhibit 10.47, #57 Exhibit 10.48, #58 Exhibit 10.49, #59 Exhibit 10.50, #60 Exhibit 10.51, #61 Exhibit 10.52, #62 Exhibit 10.53, #63 Exhibit 10.54, #64 Exhibit 10.55, #65 Exhibit 10.56, #66 Exhibit 10.57, #67 Exhibit 10.58, #68 Exhibit 10.59, #69 Exhibit 10.60, #70 Exhibit 10.61, #71 Exhibit 10.62, #72 Exhibit 10.63, #73 Exhibit 10.64, #74 Exhibit 10.65, #75 Exhibit 10.66, #76 Exhibit 10.67, #77 Exhibit 10.68, #78 Exhibit 10.69, #79 Exhibit 10.70, #80 Exhibit 10.71, #81 Exhibit 10.72, #82 Exhibit 10.73, #83 Exhibit 10.74, #84 Exhibit 11)Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 725
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #724 MOTION in Limine #7 to Exclude Evidence and Argument that Foreign Courts Decisions Invalidating Foreign Patents Under Foreign Law Show a Different U.S. Patent Is Invalid Under U.S. Law. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 724
MOTION in Limine #7 to Exclude Evidence and Argument that Foreign Courts Decisions Invalidating Foreign Patents Under Foreign Law Show a Different U.S. Patent Is Invalid Under U.S. Law. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 723
PROPOSED STIPULATION AND ORDER. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 722
***SELECTED PARTIES***DECLARATION of M. Sean Royall in Support re: #720 MOTION in Limine #6 to Exclude Mention of Unfiled and Released Antitrust Claim.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1)Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 721
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #720 MOTION in Limine #6 to Exclude Mention of Unfiled and Released Antitrust Claim. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 720
MOTION in Limine #6 to Exclude Mention of Unfiled and Released Antitrust Claim. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 719
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #718 MOTION in Limine #5 to Exclude Evidence and Argument Disparaging the Patent Office, Its Examiners, or the Examination Process. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 718
MOTION in Limine #5 to Exclude Evidence and Argument Disparaging the Patent Office, Its Examiners, or the Examination Process. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 717
***SELECTED PARTIES***DECLARATION of M. Sean Royall in Support re: #715 MOTION in Limine #4 to Preclude Evidence of Speculative Alternative Agreements to the Lexapro Amendment as Part of Fair Value Analysis.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 716
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #715 MOTION in Limine #4 to Preclude Evidence of Speculative Alternative Agreements to the Lexapro Amendment as Part of Fair Value Analysis. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 715
MOTION in Limine #4 to Preclude Evidence of Speculative Alternative Agreements to the Lexapro Amendment as Part of Fair Value Analysis. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 714
***SELECTED PARTIES***DECLARATION of M. Sean Royall in Support re: #712 MOTION in Limine #3 to Preclude Testimony Regarding Undisclosed Damage Opinions.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1)Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 713
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #712 MOTION in Limine #3 to Preclude Testimony Regarding Undisclosed Damage Opinions. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 712
MOTION in Limine #3 to Preclude Testimony Regarding Undisclosed Damage Opinions. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 711
***SELECTED PARTIES***DECLARATION of M. Sean Royall in Support re: #709 MOTION in Limine #2 to Confirm Admissibility of Evidence Bearing Upon Likely Patent Litigation Outcome.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1)Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 710
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #709 MOTION in Limine #2 to Confirm Admissibility of Evidence Bearing Upon Likely Patent Litigation Outcome. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Royall, Michael)
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Filing 709
MOTION in Limine #2 to Confirm Admissibility of Evidence Bearing Upon Likely Patent Litigation Outcome. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 708
MEMORANDUM OF LAW in Support re: #707 MOTION in Limine #1 to Exclude "Hard-Switch Evidence". . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 707
MOTION in Limine #1 to Exclude "Hard-Switch Evidence". Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 706
NOTICE of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Royall, Michael)
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Filing 705
ORDER FOR ADMISSION PRO HAC VICE: granting #704 Motion for Amanda Hollis to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 10/19/2021) (ama)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #704 MOTION for Amanda Hollis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25200240. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
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Filing 704
MOTION for Amanda Hollis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25200240. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Affidavit of Amanda Hollis, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Hollis, Amanda)
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Filing 703
NOTICE OF APPEARANCE by Tasha Gerasimow on behalf of Actavis, plc, Forest Laboratories, LLC..(Gerasimow, Tasha)
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Filing 702
PROPOSED PRE-TRIAL ORDER. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 701
ORDER FOR ADMISSION PRO HAC VICE granting #699 Motion for Tasha F. Gerasimow to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys.. (Signed by Judge Colleen McMahon on 10/1/2021) (kv)
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Filing 700
PROPOSED PRE-TRIAL ORDER. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit Exhibit IV - Parties' Contentions, #2 Exhibit VI - Plaintiff's Exhibits, #3 Exhibit VII - Defendants' Exhibits, #4 Exhibit IX - Plaintiff's Deposition Designations with Objections, #5 Exhibit X - Defendants' Deposition Designations with Objections).(Miller, Marvin)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #699 MOTION for Tasha F. Gerasimow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25105676. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 699
MOTION for Tasha F. Gerasimow to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25105676. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Text of Proposed Order).(Gerasimow, Tasha)
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Filing 698
MEMO ENDORSED ORDER granting #697 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Eric Cheung Hall terminated. (Signed by Magistrate Judge Robert W. Lehrburger on 8/9/2021) (mml) Modified on 8/9/2021 (mml).
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Filing 697
MOTION for Eric Cheung Hall to Withdraw as Attorney . Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc...(Hall, Eric)
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Filing 696
NOTICE OF APPEARANCE by Mary Elaine Johnston on behalf of Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Johnston, Mary)
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Filing 695
NOTICE OF APPEARANCE by John Roberti on behalf of Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Roberti, John)
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Filing 694
ORDER: Plaintiff SBA has responded to the Court's offer to provide additional evidence relating to the injury it suffered from the hard switch by standing on its original submissions in connection with the motions for summary judgment. (Docket # 692). Specifically, SBA calls the court's attention to pages 4952 of the Expert Report of Laura Craft. But that is the very evidence which the court already considered in its summary judgment order that does not identify which of SBA's reimbursements were attributable to the hard switch. Although the data shows how many reimbursements for Namenda XR were made in each year between 2012 and 2017, the reimbursements are not broken down in a way that identifies those that were made during the hard switch period. And it is not possible to infer that every purchase of Namenda XR made during or after the hard switch period is attributable to the hard switch. Therefore, defendants' motion for summary judgment is GRANTED to the extent of dismissing the hard switch allegations. (Signed by Judge Colleen McMahon on 7/26/2021) (nb)
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Filing 693
LETTER addressed to Judge Colleen McMahon from M. Sean Royall dated July 12, 2021 re: responding to Plaintiff SBA June 30, 2021 Letter, Dkt. No. 692, and requesting summary judgment on hard switch claim. Document filed by Forest Laboratories, LLC. (Attachments: #1 Exhibit A - Proposed Order).(Royall, Michael)
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Filing 692
LETTER addressed to Judge Colleen McMahon from Peter Safirstein dated June 30, 2021 re: ECF 689 and the Hard-Switch Claim. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Metcalf, Elizabeth)
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Filing 691
STIPULATION AND ORDER SETTING DEADLINES TO FILE THE FINAL PRETRIAL ORDER AND MOTIONS IN LIMINE: Deadline for the parties to file the PTO - 9/28/2021; Deadline to file in limine motions - 10/29/2021; Deadline to file responses to in limine motions - 11/19/2021. (As further set forth in this Order.) ( Motions due by 10/29/2021., Pretrial Order due by 9/30/2021., Responses due by 11/19/2021) (Signed by Judge Colleen McMahon on 6/30/2021) (cf)
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Filing 690
PROPOSED STIPULATION AND ORDER. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Fanning, Lori)
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Filing 689
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S AND DEFENDANTS' DAUBERT MOTIONS; AND GRANTING IN PART AND DENYING IN PART THE MOTIONS FOR SUMMARY JUDGMENT: The motions to exclude the expert reports and testimony of Michael Davitz, Jacob Holzer, and Philip Green are denied. The motions to exclude the expert reports and testimony of Susan Marchetti, Thomas McGuire, Lona Fowdur, and Sue Robinson are granted in part and denied in part consistent with this opinion. As for the summary judgment motions, the cross-motions for summary judgment on Counts I and II the antitrust claims are denied in full. These claims will go to trial as to whether the reverse-payment settlements (including the Lexapro Amendment) were anticompetitive, and whether they caused any delay in generic competition. Defendants motions for summary judgment as to Counts III and IV are granted in part and denied in part consistent with this opinion. If we are still on centralized trial scheduling due to the COVID pandemic in late 2021, the Court will be applying for a trial date for this case during the first quarter of 2022. If I am back in control of my own trial calendar, I will be assigning a first quarter trial date as soon as I am authorized to do so. The Clerk of Court is respectfully directed to close Dkt. Nos. 543, 545, 547, 549, 555, 560, 564, 568, 571, 574, and 614 and to remove them from this Court's list of open motions. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 6/11/2021) (cf)
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Filing 688
NOTICE OF CHANGE OF ADDRESS by Damon William Suden on behalf of Wockhardt Limited, Wockhardt USA LLC. New Address: Kelley Drye & Warren LLP, 3WTC, 175 Greenwich Street, New York, New York, USA 10007, 212-808-7897. Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM, 1:20-cv-01799-CM.(Suden, Damon)
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Filing 687
NOTICE OF CHANGE OF ADDRESS by David Reap on behalf of Wockhardt Limited, Wockhardt USA LLC. New Address: Kelley Drye & Warren LLP, 3WTC, 175 Greenwich Street, New York, New York, USA 10007, 212-808-7897. Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM, 1:20-cv-01799-CM.(Reap, David)
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Filing 686
NOTICE OF CHANGE OF ADDRESS by William Alfred Escobar on behalf of Wockhardt Limited, Wockhardt USA LLC. New Address: Kelley Drye & Warren LLP, 3WTC, 175 Greenwich Street, New York, New York, USA 10007, 212-808-7897. Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM, 1:20-cv-01799-CM.(Escobar, William)
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Filing 685
ORDER denying #682 Letter Motion for Conference. Application denied principally for reasons as set forth in Forest's March 30, 2021 letter (Dkt. 684). SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/5/2021) (mml)
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Filing 684
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated March 30, 2021 re: #682 LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Margaux Poueymirou dated March 25, 2021. . Document filed by Actavis, plc, Forest Laboratories, LLC..(Toto, Martin)
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Filing 683
ORDER GRANTING INDIRECT PURCHASER CLASS PLAINTIFFS MOTION TO APPROVE THE FORM AND MANNER OF NOTICE TO THE THIRD-PARTY PAYOR CLASS granting #677 Motion to Approve. Upon review and consideration of Indirect Purchaser Class Plaintiff's Motion to Approve the Form and Manner of Notice to The Third Party Payor Class, IT IS HEREBY ORDERED, that the motion is GRANTED AS MODIFIED as follows: 1. The Court approves the manner of giving notice to the class, but directs that references to the allegations regarding the hard switch theory be changed to read as follows: The lawsuit also includes allegations directed toward a so-called "hard switch product hop" to compel purchasers to switch to Defendants' extended release version of Namenda (Namenda XR), before less expensive generic versions of Namenda IR became available; however, the Court did not certify the "hard switch" claim for class action treatment, so the Indirect Purchaser Plaintiff is pursuing that claim only for itself, not on behalf of any other indirect purchaser of Namenda. 2. A.B. Data is appointed as Notice and Claims Administrator. (Signed by Judge Colleen McMahon on 3/26/2021) (mml)
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Filing 682
***SELECTED PARTIES*** LETTER MOTION for Conference addressed to Magistrate Judge Robert W. Lehrburger from Margaux Poueymirou dated March 25, 2021. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 Exhibit A, #2 Exhibit B)Motion or Order to File Under Seal: #143 .(Poueymirou, Margaux)
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Filing 681
REPLY MEMORANDUM OF LAW in Support re: #677 MOTION to Approve the Form and Manner of Notice to the Third-Party Payor Class . . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 680
DECLARATION of William H. Bave III in Opposition re: #677 MOTION to Approve the Form and Manner of Notice to the Third-Party Payor Class .. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A).(Bave, William)
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Filing 679
MEMORANDUM OF LAW in Opposition re: #677 MOTION to Approve the Form and Manner of Notice to the Third-Party Payor Class . . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 678
MEMORANDUM OF LAW in Support re: #677 MOTION to Approve the Form and Manner of Notice to the Third-Party Payor Class . . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Miller, Marvin)
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Filing 677
MOTION to Approve the Form and Manner of Notice to the Third-Party Payor Class . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 676
ORDER TO STRIKE: The Court respectfully directs the Clerk of Court to strike Dkt. 607-8 from the docket but retain the summary docket text for the record. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/5/2021) Copies transmitted this date to all counsel of record. (mml)
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Filing 675
MEMO ENDORSEMENT on re: #667 MOTION for Sarah K. Frederick to Withdraw as Attorney filed by Cobalt Laboratories, Inc., Teva Pharmaceutical Industries Ltd, Barr Pharmaceuticals, Inc., Teva Pharmaceuticals USA, Inc. ENDORSEMENT: Granted. (Signed by Judge Colleen McMahon on 3/3/2021) (mml)
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Filing 674
ORDER terminating #672 Letter Motion for Discovery. Accordingly, Forest may make the redactions as proposed except Forest may not redact any portion of the pages with Bates numbers ending in 777 (which sets forth considerations for timing of product launch but does not reflect legal advice concerning those considerations) and 780 (which sets forth a patent claim with no emphases or other annotations). To be clear, Forest need only produce conforming redacted copies of the final slide deck pages; it need not produce any drafts that were exchanged with Forest's outside or in-house counsel. (Signed by Magistrate Judge Robert W. Lehrburger on 3/3/2021) Copies transmitted this date to all counsel of record. (mml)
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Filing 673
ORDER GRANTING MOTION OF SARAH K. FREDERICK TO WITHDRAW AS COUNSEL granting #667 Motion to Withdraw as Attorney. The motion of Sarah K. Frederick to withdraw as counsel on behalf of Teva Pharmaceuticals USA, Inc., Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., and Teva Pharmaceutical Industries Ltd., collectively ("Defendants") in the above captioned action, and for Sarah K. Frederick to be removed from the CM/ECF service lists for this matter, is GRANTED. SO ORDERED. Attorney Sarah K. Frederick terminated. (Signed by Magistrate Judge Robert W. Lehrburger on 3/2/2021) (mml)
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Filing 672
***SELECTED PARTIES*** LETTER MOTION for Discovery (Plaintiffs Letter Response to Defendants Letter Asserting Privilege over Namenda XR Launch Plan Slides) addressed to Magistrate Judge Robert W. Lehrburger from Ankur Kapoor dated March 1, 2021. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 Supplement Plaintiffs Statement Regarding the March 1, 2021 ECF Service Interruption that Prevented Plaintiff from Filing its Letter Response on Time)Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 671
***SELECTED PARTIES*** RESPONSE re: #665 Counter Statement to Rule 56.1, . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 670
***SELECTED PARTIES*** RESPONSE re: #665 Counter Statement to Rule 56.1, . Document filed by Forest Laboratories, LLC, Actavis, plc, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 669
***SELECTED PARTIES***DECLARATION of Gina M. Chiappetta re: #668 Letter, . Document filed by Forest Laboratories, LLC, Actavis, plc, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A - (Filed Under Seal), #2 Exhibit B - (Filed Under Seal), #3 Exhibit C - (Filed Under Seal), #4 Exhibit D - (Filed Under Seal))Motion or Order to File Under Seal: #660 .(Toto, Martin)
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Filing 668
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated February 25, 2021 re: Response to the Courts February 22, 2021 Order ECF #660 . Document filed by Forest Laboratories, LLC, Actavis, plc, Sergeants Benevolent Association Health & Welfare Fund.Motion or Order to File Under Seal: #660 .(Toto, Martin)
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Filing 667
MOTION for Sarah K. Frederick to Withdraw as Attorney . Document filed by Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Text of Proposed Order).(Frederick, Sarah)
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Filing 666
***SELECTED PARTIES***DECLARATION of Ankur Kapoor in Opposition re: #555 MOTION for Summary Judgment / Merz Defendants' Motion and Motion for Summary Judgment., #564 MOTION for Summary Judgment / Forest Laboratories LLC, and Actavis PLC's Notice of Motion and Motion for Summary Judgment.. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 10, #9 Exhibit 11, #10 Exhibit 12, #11 Exhibit 13, #12 Exhibit 14, #13 Exhibit 15-1, #14 Exhibit 15-2, #15 Exhibit 16-1, #16 Exhibit 16-2, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44)Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 665
***SELECTED PARTIES***COUNTER STATEMENT TO #566 Rule 56.1 Statement. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 664
NOTICE of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Kapoor, Ankur)
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Filing 663
***SELECTED PARTIES***AMENDED MEMORANDUM OF LAW in Opposition re: #555 MOTION for Summary Judgment / Merz Defendants' Motion and Motion for Summary Judgment., #564 MOTION for Summary Judgment / Forest Laboratories LLC, and Actavis PLC's Notice of Motion and Motion for Summary Judgment. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #662 .(Miller, Marvin)
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Filing 662
NOTICE of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 661
MEMORANDUM OF LAW in Opposition re: #564 MOTION for Summary Judgment / Forest Laboratories LLC, and Actavis PLC's Notice of Motion and Motion for Summary Judgment., #555 MOTION for Summary Judgment / Merz Defendants' Motion and Motion for Summary Judgment. [Public Redacted Version]. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 659
LETTER REPLY to Response to Motion addressed to Magistrate Judge Robert W. Lehrburger from Martin Toto dated February 22, 2021 re: #657 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated February 12, 2021. (and in Opposition to ECF #658 ). Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit B - Log).(Toto, Martin)
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Filing 660
ORDER terminating #657 Letter Motion for Discovery. This Order resolves the letter motion at Dkt. 657 concerning Forests attempts to claw back certain material designated privileged and confidential. Regardless of the merits of whether or not the material is protected, Plaintiffs counsel has not offered any excuse for failing to follow Chief Judge McMahon's rules regarding clawbacks, or for ignoring Forest's clawback demands. The challenge to Forest's assertion of privilege should have been made after complying with the clawback request. Accordingly, the Court grants Forest's requested relief: Plaintiff shall destroy all copies of the Clawed- Back Documents, withdraw the portions of their Opposition that reference Forest's information over which Forest asserts privilege, and file an amended Opposition deleting all references to the information Forest asserts is privileged. That said, the Court has reviewed the material at issue and agrees with Plaintiff that not all of pages 777-789 are protected by privilege. Many of the statements are simply factual, and others are clearly primarily for business. The mere fact that the documents bear the legend Privileged and Confidential does not cloak them with privilege. Accordingly, by February 25, 2021, Forest shall file under seal a letter of no more than 3 pages explaining how and why the material at issue is privileged. Forest shall also at that time submit to Chambers email for in camera review a proposed redacted version (along with a fully unredacted version for comparison) of the document that redacts only material that is truly subject to protection. By March 1, 2021, Plaintiff may file a letter of no more than three pages responding to Forests letter. So Ordered.Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 2/19/2021) (js)
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Filing 658
LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Ankur Kapoor dated February 18, 2021 re: #657 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated February 12, 2021. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Kapoor, Ankur)
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Filing 657
LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated February 12, 2021. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit A).(Toto, Martin)
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Filing 656
ORDER granting in part and denying in part #444 Motion to Certify Class; granting in part and denying in part #551 Motion. For the foregoing reasons, SBA's motion for class certification is granted in part and denied in part in accordance with the limits established by this opinion. The Court certifies the following class with respect to SBA's pay-for- delay theory of liability only: All Third-Party Payors who indirectly purchased, and/or paid, and/or provided reimbursement for, some or all of the purchase price for branded Namenda IR 5 or 10 mg tablets, their AB-rated generic equivalents, and/or Namenda XR capsules, other than for resale in Alabama, Arizona, California, D.C., Florida, Hawaii, Idaho, Illinois, Iowa, Kansas, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, Rhode Island (for purchases after July 15, 2013), South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin, for consumption by themselves, or their members, employees, insureds, participants, or beneficiaries, from June 1, 2012 through December 31, 2017. Although SBA has not included the pro forma class exclusion of all judges and the chambers staff of those judges assigned to work on this case in their amended class definition, I will exclude them. Thus: Excluded from the proposed Class are: (a) Defendants and Defendants' parents, subsidiaries and affiliates; (b) fully-insured health care plans (i.e., health plans that purchased insurance from another third-party payor covering 100% of the insureds' prescription drug benefits on behalf of the Plan's members and beneficiaries); (c) all federal or state governmental entities, excluding cities, towns or municipalities with self-funded prescription drug plans; (d) Pharmacy Benefit Managers (PBMs); and (e) all judges presiding in this case, their chambers staff, and any members of their immediate families, and all counsel of record. The Clerk of Court is respectfully directed to close Dkt. Nos. 444 and 551. It is so ordered. (Signed by Judge Colleen McMahon on 2/11/2021) (nb)
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Filing 655
DECLARATION of William H. Bave III in Support re: #555 MOTION for Summary Judgment / Merz Defendants' Motion and Motion for Summary Judgment.. Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108, #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113, #114 Exhibit 114, #115 Exhibit 115, #116 Exhibit 116, #117 Exhibit 117, #118 Exhibit 118, #119 Exhibit 119, #120 Exhibit 120, #121 Exhibit 121, #122 Exhibit 122, #123 Exhibit 123, #124 Exhibit 124, #125 Exhibit 125, #126 Exhibit 126, #127 Exhibit 127, #128 Exhibit 128, #129 Exhibit 129).(Toto, Martin)
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Filing 654
RULE 56.1 STATEMENT. Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 653
MEMORANDUM OF LAW in Support re: #555 MOTION for Summary Judgment / Merz Defendants' Motion and Motion for Summary Judgment. [Public Version]. Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 652
DECLARATION of Kevin C. Adam in Support re: #564 MOTION for Summary Judgment / Forest Laboratories LLC, and Actavis PLC's Notice of Motion and Motion for Summary Judgment.. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 - (Filed Under Seal), #7 Exhibit 7 - (Filed Under Seal), #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17 - (Filed Under Seal), #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61 - (Filed Under Seal), #62 Exhibit 62, #63 Exhibit 63 - (Filed Under Seal), #64 Exhibit 64, #65 Exhibit 65 - (Filed Under Seal), #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74 - (Filed Under Seal), #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108, #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113, #114 Exhibit 114, #115 Exhibit 115, #116 Exhibit 116, #117 Exhibit 117 - (Filed Under Seal), #118 Exhibit 118, #119 Exhibit 119, #120 Exhibit 120, #121 Exhibit 121, #122 Exhibit 122, #123 Exhibit 123, #124 Exhibit 124, #125 Exhibit 125, #126 Exhibit 126, #127 Exhibit 127, #128 Exhibit 128, #129 Exhibit 129, #130 Exhibit 130 - (Filed Under Seal), #131 Exhibit 131, #132 Exhibit 132, #133 Exhibit 133, #134 Exhibit 134, #135 Exhibit 135, #136 Exhibit 136, #137 Exhibit 137, #138 Exhibit 138, #139 Exhibit 139 - Part 1, #140 Exhibit 139 - Part 2, #141 Exhibit 139 - Part 3, #142 Exhibit 139 - Part 4, #143 Exhibit 139 - Part 5, #144 Exhibit 139 - Part 6, #145 Exhibit 139 - Part 7, #146 Exhibit 140, #147 Exhibit 141, #148 Exhibit 142, #149 Exhibit 143, #150 Exhibit 144, #151 Exhibit 145, #152 Exhibit 146, #153 Exhibit 147 - (Filed Under Seal), #154 Exhibit 148 - (Filed Under Seal), #155 Exhibit 149, #156 Exhibit 150, #157 Exhibit 151, #158 Exhibit 152, #159 Exhibit 153, #160 Exhibit 154, #161 Exhibit 155 - (Filed Under Seal), #162 Exhibit 156, #163 Exhibit 157, #164 Exhibit 158, #165 Exhibit 159, #166 Exhibit 160, #167 Exhibit 161, #168 Exhibit 162, #169 Exhibit 163, #170 Exhibit 164, #171 Exhibit 165, #172 Exhibit 166, #173 Exhibit 167, #174 Exhibit 168, #175 Exhibit 169 - (Filed Under Seal), #176 Exhibit 170, #177 Exhibit 171, #178 Exhibit 172, #179 Exhibit 173, #180 Exhibit 174 - (Filed Under Seal), #181 Exhibit 175 - (Filed Under Seal), #182 Exhibit 176, #183 Exhibit 177, #184 Exhibit 178, #185 Exhibit 179, #186 Exhibit 180, #187 Exhibit 181, #188 Exhibit 182 - (Filed Under Seal), #189 Exhibit 183, #190 Exhibit 184, #191 Exhibit 185, #192 Exhibit 186, #193 Exhibit 187, #194 Exhibit 188, #195 Exhibit 189, #196 Exhibit 190, #197 Exhibit 191, #198 Exhibit 192, #199 Exhibit 193, #200 Exhibit 194, #201 Exhibit 195, #202 Exhibit 196, #203 Exhibit 197, #204 Exhibit 198, #205 Exhibit 199, #206 Exhibit 200, #207 Exhibit 201, #208 Exhibit 202, #209 Exhibit 203, #210 Exhibit 204, #211 Exhibit 205, #212 Exhibit 206, #213 Exhibit 207, #214 Exhibit 208 - (Filed Under Seal), #215 Exhibit 209 - (Filed Under Seal), #216 Exhibit 210 - (Filed Under Seal), #217 Exhibit 211, #218 Exhibit 212 - (Filed Under Seal), #219 Exhibit 213, #220 Exhibit 214, #221 Exhibit 215, #222 Exhibit 216 - (Filed Under Seal), #223 Exhibit 217 - (Filed Under Seal), #224 Exhibit 218 - (Filed Under Seal), #225 Exhibit 219 - (Filed Under Seal)).(Adam, Kevin)
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Filing 651
RULE 56.1 STATEMENT. Document filed by Actavis, plc, Forest Laboratories, LLC..(Toto, Martin)
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Filing 650
MEMORANDUM OF LAW in Support re: #564 MOTION for Summary Judgment / Forest Laboratories LLC, and Actavis PLC's Notice of Motion and Motion for Summary Judgment. Public Version. Document filed by Actavis, plc, Forest Laboratories, LLC..(Toto, Martin)
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Filing 649
REPLY MEMORANDUM OF LAW in Support re: #614 MOTION to Deny Plaintiff's Motion for Partial Summary Judgment Against Merz as Moot #568 . . Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 648
MEMORANDUM OF LAW in Opposition re: #614 MOTION to Deny Plaintiff's Motion for Partial Summary Judgment Against Merz as Moot #568 . . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Mahendranathan, Hamsa)
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Filing 647
LETTER addressed to Judge Colleen McMahon from Marvin A. Miller dated January 25, 2021 re: Recently Issued Decision. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 B&R Supermarket v. Mastercard Int'l Inc. January 19, 2021 Decision).(Miller, Marvin)
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Filing 646
ORDER terminating #635 Letter Motion for Oral Argument; terminating #645 Letter Motion for Oral Argument. Noted - I will decide whether oral argument is needed; no motion is necessary. The Clerk of Court is directed to removed Dkt. Nos. 635 and 645 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 1/19/2021) (mml)
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Filing 645
LETTER MOTION for Oral Argument addressed to Judge Colleen McMahon from Martin M. Toto dated January 18, 2021. Document filed by Actavis, plc, Forest Laboratories, LLC..(Toto, Martin)
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Filing 644
***SELECTED PARTIES***DECLARATION of Kevin C. Adam in Support re: #564 MOTION for Summary Judgment / Forest Laboratories LLC, and Actavis PLC's Notice of Motion and Motion for Summary Judgment.. Document filed by Forest Laboratories, LLC, Actavis, plc, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 220 - Filed Under Seal, #2 Exhibit 221 - Filed Under Seal, #3 Exhibit 222 - Filed Under Seal, #4 Exhibit 223 - Filed Under Seal, #5 Exhibit 224 - Filed Under Seal, #6 Exhibit 225 - Filed Under Seal, #7 Exhibit 226 - Filed Under Seal, #8 Exhibit 227 - Filed Under Seal, #9 Exhibit 228 - Filed Under Seal, #10 Exhibit 229 - Filed Under Seal, #11 Exhibit 230 - Filed Under Seal, #12 Exhibit 231 - Filed Under Seal, #13 Exhibit 232 - Filed Under Seal)Motion or Order to File Under Seal: #143 .(Adam, Kevin)
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Filing 643
***SELECTED PARTIES***COUNTER STATEMENT TO Document filed by Forest Laboratories, LLC, Actavis, plc, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 642
***SELECTED PARTIES*** RESPONSE to Motion re: #564 MOTION for Summary Judgment / Forest Laboratories LLC, and Actavis PLC's Notice of Motion and Motion for Summary Judgment. (Reply Responses to Their Statement of Undisputed Material Facts in Support of Their Motion for Summary Judgment). Document filed by Forest Laboratories, LLC, Actavis, plc, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 641
***SELECTED PARTIES***DECLARATION of Hamsa Mahendranathan in Support re: #574 MOTION TO EXCLUDE THE OPINIONS OF SUE L. ROBINSON .. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)Motion or Order to File Under Seal: #143 .(Mahendranathan, Hamsa)
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Filing 640
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #564 MOTION for Summary Judgment / Forest Laboratories LLC, and Actavis PLC's Notice of Motion and Motion for Summary Judgment. . Document filed by Forest Laboratories, LLC, Actavis, plc, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 639
NOTICE of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories, LLC..(Toto, Martin)
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Filing 638
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #574 MOTION TO EXCLUDE THE OPINIONS OF SUE L. ROBINSON . . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA. Motion or Order to File Under Seal: #143 .(Mahendranathan, Hamsa)
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Filing 637
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #571 MOTION TO EXCLUDE OPINIONS OF PHILIP GREEN . . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA. Motion or Order to File Under Seal: #143 .(Poueymirou, Margaux)
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Filing 636
REPLY MEMORANDUM OF LAW in Support re: #560 MOTION to Exclude Opinions of Lona Fowdur, Ph.D. . . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 635
LETTER MOTION for Oral Argument addressed to Judge Colleen McMahon from Martin M. Toto dated January 18, 2021. Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 634
***SELECTED PARTIES***DECLARATION of William H. Bave III in Support re: #555 MOTION for Summary Judgment / Merz Defendants' Motion and Motion for Summary Judgment.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 130 - Filed Under Seal, #2 Exhibit 131 - Filed Under Seal)Motion or Order to File Under Seal: #143 .(Bave, William)
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Filing 633
***SELECTED PARTIES***COUNTER STATEMENT TO Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 632
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #555 MOTION for Summary Judgment / Merz Defendants' Motion and Motion for Summary Judgment. (Reply Statement of Undisputed Facts in Support of Their Motion for Summary Judgment). Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 631
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #555 MOTION for Summary Judgment / Merz Defendants' Motion and Motion for Summary Judgment. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 630
NOTICE of Of Filing Under Seal. Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 629
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #568 MOTION for Partial Summary Judgment NOTICE OF END-PAYOR PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA. Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 628
NOTICE of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Kapoor, Ankur)
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Filing 627
***SELECTED PARTIES***DECLARATION of Eric E. Lancaster in Support re: #547 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Susan Marchetti., #551 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Dr. William B. Vogt., #545 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Jacob C. Holzer., #549 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude Certain Opinions and Testimony of Thomas McGuire., #543 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Michael A. Davitz.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 29 - Pages from McGuire, #2 Exhibit 30 - Ex. 7-6-17 Apotex v. Cephalon, #3 Exhibit 31 - FRX AT 04532312, #4 Exhibit 32 - Hermann opening expert report, #5 Exhibit 33 - 10-9-2017 Rebuttal expert report Farlow, #6 Exhibit 34 - Jacob C Holzer MD, #7 Exhibit 35 - 10-26-17 P. Green Depo transcript, #8 Exhibit 36 - Vogt Aug 4, 2020 depo exh. 4, #9 Exhibit 37 - Vogt Aug 4 2020 depo ex 3)Motion or Order to File Under Seal: #143 .(Lancaster, Eric)
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Filing 626
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #551 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Dr. William B. Vogt. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 625
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #549 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude Certain Opinions and Testimony of Thomas McGuire. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 624
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #547 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Susan Marchetti. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 623
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #545 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Jacob C. Holzer. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 622
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #543 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Michael A. Davitz. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 621
NOTICE of Of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(O'Shaughnessy, Kristen)
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Filing 620
STIPULATION AND ORDER: Plaintiff and Merz hereby stipulate through their respective counsel as follows: 1) pursuant to Federal Rule of Civil Procedure 41(a), Plaintiffs Count One claim against Merz is hereby dismissed; 2) the portion of Merz's SJ Motion seeking dismissal of Plaintiff's Count One claim is moot, but Merz's SJ Motion is still pending as to the remainder of Plaintiff's claims against Merz. (Signed by Judge Colleen McMahon on 1/15/2021) (mro)
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Filing 619
MEMO ENDORSEMENT granting #613 Letter Motion for Leave to File Document. ENDORSEMENT: Granted. (Signed by Judge Colleen McMahon on 1/15/2021) (mro)
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Filing 618
REPLY to Response to Motion re: #613 MOTION for Leave to File Consolidated Reply Brief . . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Kapoor, Ankur)
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Filing 617
RESPONSE in Opposition to Motion re: #613 MOTION for Leave to File Consolidated Reply Brief . . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 616
DECLARATION of William H. Bave III in Support re: #614 MOTION to Deny Plaintiff's Motion for Partial Summary Judgment Against Merz as Moot #568 .. Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1).(Bave, William)
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Filing 615
MEMORANDUM OF LAW in Support re: #614 MOTION to Deny Plaintiff's Motion for Partial Summary Judgment Against Merz as Moot #568 . . Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 614
MOTION to Deny Plaintiff's Motion for Partial Summary Judgment Against Merz as Moot #568 . Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Text of Proposed Order).(Toto, Martin)
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Filing 613
MOTION for Leave to File Consolidated Reply Brief . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Kapoor, Ankur)
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Filing 612
PROPOSED STIPULATION AND ORDER. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 611
DECISION AND ORDER DENYING DEFENDANTS' MOTION TO EXCLUDE THE OPINIONS OF LAURA R. CRAFT denying #461 Motion. Defendants' motion to exclude is denied. The Clerk of Court is respectfully directed to close Dkt. No. 461. (Signed by Chief Judge Colleen McMahon on 12/18/2020) (mml)
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Filing 610
***SELECTED PARTIES***COUNTER STATEMENT TO Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. Motion or Order to File Under Seal: #608 .(Miller, Marvin)
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Filing 609
***SELECTED PARTIES***COUNTER STATEMENT TO Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. Motion or Order to File Under Seal: #608 .(Miller, Marvin)
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Filing 608
NOTICE of Notice of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 607
***SELECTED PARTIES***DECLARATION of Ankur Kapoor in Opposition re: #555 MOTION for Summary Judgment / Merz Defendants' Motion and Motion for Summary Judgment., #564 MOTION for Summary Judgment / Forest Laboratories LLC, and Actavis PLC's Notice of Motion and Motion for Summary Judgment.. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, # ***STRICKEN DOCUMENT. Document number 607-8 has been stricken from the case record. The document was stricken from this case pursuant to #676 Order. (8) Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15-1, #15 Exhibit 15-2, #16 Exhibit 16-1, #17 Exhibit 16-2, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44)Motion or Order to File Under Seal: #143 .(Kapoor, Ankur) Modified on 3/5/2021 (mml).
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Filing 606
***SELECTED PARTIES***COUNTER STATEMENT TO #566 Rule 56.1 Statement. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 605
NOTICE of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Kapoor, Ankur)
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Filing 604
***SELECTED PARTIES***DECLARATION of Margaux Poueymirou in Opposition re: #547 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Susan Marchetti.. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 603
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #547 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Susan Marchetti. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 602
***SELECTED PARTIES***DECLARATION of Hamsa Mahendranathan in Opposition re: #543 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Michael A. Davitz.. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 Exhibit A, #2 Exhibit B)Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 601
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #543 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Michael A. Davitz. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 600
NOTICE of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Kapoor, Ankur)
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Filing 599
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #555 MOTION for Summary Judgment / Merz Defendants' Motion and Motion for Summary Judgment., #564 MOTION for Summary Judgment / Forest Laboratories LLC, and Actavis PLC's Notice of Motion and Motion for Summary Judgment. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #592 .(Miller, Marvin)
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Filing 598
***SELECTED PARTIES***DECLARATION of Marvin A. Miller in Opposition re: #549 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude Certain Opinions and Testimony of Thomas McGuire.. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 McGuire Exhibit 1, #2 McGuire Exhibit 2)Motion or Order to File Under Seal: #592 .(Miller, Marvin)
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Filing 597
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #549 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude Certain Opinions and Testimony of Thomas McGuire. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #592 .(Miller, Marvin)
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Filing 596
***SELECTED PARTIES***DECLARATION of Marvin A. Miller in Opposition re: #551 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Dr. William B. Vogt.. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)Motion or Order to File Under Seal: #592 .(Miller, Marvin)
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Filing 595
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #551 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Dr. William B. Vogt. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #592 .(Miller, Marvin)
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Filing 594
***SELECTED PARTIES***DECLARATION of Marvin A. Miller in Opposition re: #545 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Jacob C. Holzer.. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 Holzer Exhibit 1, #2 Holzer Exhibit 2, #3 Holzer Exhibit 3, #4 Holzer Exhibit 4, #5 Holzer Exhibit 5, #6 Holzer Exhibit 6, #7 Holzer Exhibit 7)Motion or Order to File Under Seal: #592 .(Miller, Marvin)
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Filing 593
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #545 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Jacob C. Holzer. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #592 .(Miller, Marvin)
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Filing 592
NOTICE of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 591
***SELECTED PARTIES***DECLARATION of Kristen O'Shaughnessy in Opposition re: #568 MOTION for Partial Summary Judgment NOTICE OF END-PAYOR PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT.. Document filed by Forest Laboratories, LLC, Actavis, plc, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 590
***SELECTED PARTIES***COUNTER STATEMENT TO #570 Rule 56.1 Statement,. Document filed by Forest Laboratories, LLC, Actavis, plc, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 589
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #568 MOTION for Partial Summary Judgment NOTICE OF END-PAYOR PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT. . Document filed by Forest Laboratories, LLC, Actavis, plc, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 588
NOTICE of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories, LLC..(Toto, Martin)
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Filing 587
***SELECTED PARTIES***DECLARATION of John H. Chung in Opposition re: #568 MOTION for Partial Summary Judgment NOTICE OF END-PAYOR PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)Motion or Order to File Under Seal: #143 .(Chung, John)
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Filing 586
***SELECTED PARTIES***COUNTER STATEMENT TO #570 Rule 56.1 Statement,. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 585
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #568 MOTION for Partial Summary Judgment NOTICE OF END-PAYOR PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 584
NOTICE of Filing Under Seal. Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 583
***SELECTED PARTIES***DECLARATION of Matthew R. Wisnieff in Opposition re: #560 MOTION to Exclude Opinions of Lona Fowdur, Ph.D. ., #574 MOTION TO EXCLUDE THE OPINIONS OF SUE L. ROBINSON ., #571 MOTION TO EXCLUDE OPINIONS OF PHILIP GREEN .. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)Motion or Order to File Under Seal: #143 .(Wisnieff, Matthew)
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Filing 582
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #574 MOTION TO EXCLUDE THE OPINIONS OF SUE L. ROBINSON . . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 581
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #571 MOTION TO EXCLUDE OPINIONS OF PHILIP GREEN . . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 580
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #560 MOTION to Exclude Opinions of Lona Fowdur, Ph.D. . . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 579
NOTICE of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(O'Shaughnessy, Kristen)
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Filing 578
ORDER granting #577 Motion for Leave to File Excess Pages. It is hereby ORDERED that Plaintiff may file one joint memorandum of law in opposition to both Forest Laboratories, LLC and Actavis plc's motion for summary judgment and Merz GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, and Merz Pharma GmbH & Co. KGaA's motion for summary judgment, not to exceed 60 pages. It is FURTHER ORDERED that Forest Laboratories, LLC and Actavis plc may file a reply memorandum of law in support of their motion for summary judgment, not to exceed 16 pages. It is FURTHER ORDERED that Merz GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, and Merz Pharma GmbH & Co. KGaA may file a reply memorandum of law in support of their motion for summary judgment, not to exceed 10 pages. (Signed by Judge Colleen McMahon on 12/18/2020) (nb)
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Filing 577
JOINT MOTION for Leave to File Excess Pages . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Text of Proposed Order).(Toto, Martin)
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Filing 576
***SELECTED PARTIES***DECLARATION of Ankur Kapoor in Support re: #568 MOTION for Partial Summary Judgment NOTICE OF END-PAYOR PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT., #571 MOTION TO EXCLUDE OPINIONS OF PHILIP GREEN ., #574 MOTION TO EXCLUDE THE OPINIONS OF SUE L. ROBINSON .. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3a, #4 Exhibit 3b, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34a, #36 Exhibit 34b, #37 Exhibit 35a, #38 Exhibit 35b, #39 Exhibit 35c, #40 Exhibit 35d, #41 Exhibit 35e, #42 Exhibit 35f, #43 Exhibit 36a, #44 Exhibit 36b, #45 Exhibit 36c, #46 Exhibit 37, #47 Exhibit 38, #48 Exhibit 39, #49 Exhibit 40, #50 Exhibit 41, #51 Exhibit 42, #52 Exhibit 43, #53 Exhibit 44, #54 Exhibit 45, #55 Exhibit 46, #56 Exhibit 47, #57 Exhibit 48, #58 Exhibit 49a, #59 Exhibit 49b, #60 Exhibit 50, #61 Exhibit 51, #62 Exhibit 52, #63 Exhibit 53, #64 Exhibit 54, #65 Exhibit 55, #66 Exhibit 56)Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 575
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #574 MOTION TO EXCLUDE THE OPINIONS OF SUE L. ROBINSON . . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 574
MOTION TO EXCLUDE THE OPINIONS OF SUE L. ROBINSON . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Text of Proposed Order).(Kapoor, Ankur)
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Filing 573
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #571 MOTION TO EXCLUDE OPINIONS OF PHILIP GREEN . . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 572
***SELECTED PARTIES***DECLARATION of Kevin C. Adam in Support re: #564 MOTION for Summary Judgment / Forest Laboratories LLC, and Actavis PLC's Notice of Motion and Motion for Summary Judgment.. Document filed by Forest Laboratories, LLC, Actavis, plc, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108, #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113, #114 Exhibit 114, #115 Exhibit 115, #116 Exhibit 116, #117 Exhibit 117, #118 Exhibit 118, #119 Exhibit 119, #120 Exhibit 120, #121 Exhibit 121, #122 Exhibit 122, #123 Exhibit 123, #124 Exhibit 124, #125 Exhibit 125, #126 Exhibit 126, #127 Exhibit 127, #128 Exhibit 128, #129 Exhibit 129, #130 Exhibit 130, #131 Exhibit 131, #132 Exhibit 132, #133 Exhibit 133, #134 Exhibit 134, #135 Exhibit 135, #136 Exhibit 136, #137 Exhibit 137, #138 Exhibit 138, #139 Exhibit 139, Part 1, #140 Exhibit 139, Part 2, #141 Exhibit 139, Part 3, #142 Exhibit 139, Part 4, #143 Exhibit 139, Part 5, #144 Exhibit 139, Part 6, #145 Exhibit 139, Part 7, #146 Exhibit 140, #147 Exhibit 141, #148 Exhibit 142, #149 Exhibit 143, #150 Exhibit 144, #151 Exhibit 145, #152 Exhibit 146, #153 Exhibit 147, #154 Exhibit 148, #155 Exhibit 149, #156 Exhibit 150, #157 Exhibit 151, #158 Exhibit 152, #159 Exhibit 153, #160 Exhibit 154, #161 Exhibit 155, #162 Exhibit 156, #163 Exhibit 157, #164 Exhibit 158, #165 Exhibit 159, #166 Exhibit 160, #167 Exhibit 161, #168 Exhibit 162, #169 Exhibit 163, #170 Exhibit 164, #171 Exhibit 165, #172 Exhibit 166, #173 Exhibit 167, #174 Exhibit 168, #175 Exhibit 169, #176 Exhibit 170, #177 Exhibit 171, #178 Exhibit 172, #179 Exhibit 173, #180 Exhibit 174, #181 Exhibit 175, #182 Exhibit 176, #183 Exhibit 177, #184 Exhibit 178, #185 Exhibit 179, #186 Exhibit 180, #187 Exhibit 181, #188 Exhibit 182, #189 Exhibit 183, #190 Exhibit 184, #191 Exhibit 185, #192 Exhibit 186, #193 Exhibit 187, #194 Exhibit 188, #195 Exhibit 189, #196 Exhibit 190, #197 Exhibit 191, #198 Exhibit 192, #199 Exhibit 193, #200 Exhibit 194, #201 Exhibit 195, #202 Exhibit 196, #203 Exhibit 197, #204 Exhibit 198, #205 Exhibit 199, #206 Exhibit 200, #207 Exhibit 201, #208 Exhibit 202, #209 Exhibit 203, #210 Exhibit 204, #211 Exhibit 205, #212 Exhibit 206, #213 Exhibit 207, #214 Exhibit 208, #215 Exhibit 209, #216 Exhibit 210, #217 Exhibit 211, #218 Exhibit 212, #219 Exhibit 213, #220 Exhibit 214, #221 Exhibit 215, #222 Exhibit 216, Part 1, #223 Exhibit 216, Part 2, #224 Exhibit 216, Part 3, #225 Exhibit 216, Part 4, #226 Exhibit 216, Part 5, #227 Exhibit 217, #228 Exhibit 218, #229 Exhibit 219)Motion or Order to File Under Seal: #143 .(Adam, Kevin)
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Filing 571
MOTION TO EXCLUDE OPINIONS OF PHILIP GREEN . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Text of Proposed Order).(Kapoor, Ankur)
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Filing 570
***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 569
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #568 MOTION for Partial Summary Judgment NOTICE OF END-PAYOR PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #143 .(Kapoor, Ankur)
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Filing 568
MOTION for Partial Summary Judgment NOTICE OF END-PAYOR PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Text of Proposed Order).(Kapoor, Ankur)
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Filing 567
NOTICE of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Kapoor, Ankur)
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Filing 566
***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Forest Laboratories, LLC, Actavis, plc, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 565
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #564 MOTION for Summary Judgment / Forest Laboratories LLC, and Actavis PLC's Notice of Motion and Motion for Summary Judgment. . Document filed by Forest Laboratories, LLC, Actavis, plc, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 564
MOTION for Summary Judgment / Forest Laboratories LLC, and Actavis PLC's Notice of Motion and Motion for Summary Judgment. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Text of Proposed Order).(Toto, Martin)
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Filing 563
NOTICE of of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories, LLC..(Toto, Martin)
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Filing 562
***SELECTED PARTIES***DECLARATION of Marvin A. Miller in Support re: #560 MOTION to Exclude Opinions of Lona Fowdur, Ph.D. .. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 Exhibit 1)Motion or Order to File Under Seal: #559 .(Miller, Marvin)
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Filing 561
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #560 MOTION to Exclude Opinions of Lona Fowdur, Ph.D. . . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC, Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA. Motion or Order to File Under Seal: #559 .(Miller, Marvin)
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Filing 560
MOTION to Exclude Opinions of Lona Fowdur, Ph.D. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 559
NOTICE of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 558
***SELECTED PARTIES***DECLARATION of William H. Bave III in Support re: #555 MOTION for Summary Judgment / Merz Defendants' Motion and Motion for Summary Judgment.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105, #106 Exhibit 106, #107 Exhibit 107, #108 Exhibit 108, #109 Exhibit 109, #110 Exhibit 110, #111 Exhibit 111, #112 Exhibit 112, #113 Exhibit 113, #114 Exhibit 114, #115 Exhibit 115, #116 Exhibit 116, #117 Exhibit 117, #118 Exhibit 118, #119 Exhibit 119, #120 Exhibit 120, #121 Exhibit 121, #122 Exhibit 122, #123 Exhibit 123, #124 Exhibit 124, #125 Exhibit 125, #126 Exhibit 126, #127 Exhibit 127, #128 Exhibit 128, #129 Exhibit 129, Part 1, #130 Exhibit 129, Part 2, #131 Exhibit 129, Part 3, #132 Exhibit 129, Part 4, #133 Exhibit 129, Part 5)Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 557
***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 556
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #555 MOTION for Summary Judgment / Merz Defendants' Motion and Motion for Summary Judgment. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 555
MOTION for Summary Judgment / Merz Defendants' Motion and Motion for Summary Judgment. Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Text of Proposed Order).(Toto, Martin)
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Filing 554
NOTICE of of Filing Under Seal. Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 553
***SELECTED PARTIES***DECLARATION of Eric E. Lancaster in Support re: #547 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Susan Marchetti., #545 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Jacob C. Holzer., #551 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Dr. William B. Vogt., #549 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude Certain Opinions and Testimony of Thomas McGuire., #543 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Michael A. Davitz.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28)Motion or Order to File Under Seal: #143 .(Lancaster, Eric)
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Filing 552
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #551 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Dr. William B. Vogt. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 551
MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Dr. William B. Vogt. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Text of Proposed Order).(O'Shaughnessy, Kristen)
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Filing 550
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #549 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude Certain Opinions and Testimony of Thomas McGuire. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 549
MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude Certain Opinions and Testimony of Thomas McGuire. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Text of Proposed Order).(O'Shaughnessy, Kristen)
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Filing 548
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #547 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Susan Marchetti. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 547
MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Susan Marchetti. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Text of Proposed Order).(O'Shaughnessy, Kristen)
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Filing 546
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #545 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Jacob C. Holzer. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 545
MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Jacob C. Holzer. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Text of Proposed Order).(O'Shaughnessy, Kristen)
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Filing 544
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #543 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Michael A. Davitz. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 543
MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Michael A. Davitz. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Text of Proposed Order).(O'Shaughnessy, Kristen)
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Filing 542
NOTICE of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(O'Shaughnessy, Kristen)
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Filing 541
NOTICE OF APPEARANCE by Hamsa Ananthi Mahendranathan on behalf of Sergeants Benevolent Association Health & Welfare Fund..(Mahendranathan, Hamsa)
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Filing 540
MEMO ENDORSEMENT on re: #539 Letter, filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH terminating #537 Letter Motion for Leave to File Excess Pages. ENDORSEMENT: Merz files its own brief. Forest has 40 pages. Eliminate the boilerplate and stop this nonsense. (Signed by Judge Colleen McMahon on 11/18/2020) (mml)
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Filing 539
LETTER addressed to Judge Colleen McMahon from Martin M. Toto dated November 18, 2020 re: SBA's Opposition to Forest's Request for Excess Pages (ECF No. #538 ). Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 538
RESPONSE in Opposition to Motion re: #537 MOTION for Leave to File Excess Pages / Forest's Motion to File Memoranda Exceeding Page Limits Relating to Motion for Summary Judgment. SBA's Opposition to Forest's Motion to File Memoranda Exceeding Page Limits Relating to Motion for Summary Judgment. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 537
MOTION for Leave to File Excess Pages / Forest's Motion to File Memoranda Exceeding Page Limits Relating to Motion for Summary Judgment. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order).(Toto, Martin)
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Filing 536
NOTICE OF APPEARANCE by John Hail Chung on behalf of Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Chung, John)
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Filing 535
LETTER MOTION to Compel Sergeants Benevolent Association Health & Welfare Fund to Produce discovery regarding certain expert reliance materials [Public Version] #529 addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated October 27, 2020. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Toto, Martin)
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Filing 534
ORDER denying #529 Letter Motion to Compel. Having reviewed the parties' correspondence, including Defendants' reply (Dkt. 533), Defendants' letter motion to compel Plaintiff to produce discovery regarding certain "expert reliance materials" (Dkt. 529) is denied for substantially the reasons set forth in Plaintiff's October 30, 2020 letter (Dkt. 532). SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/4/2020) Copies transmitted this date to all counsel of record. (mml)
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Filing 533
LETTER REPLY to Response to Motion addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated November 3, 2020 re: #529 LETTER MOTION to Compel Sergeants Benevolent Association Health & Welfare Fund to Produce discovery regarding certain expert reliance materials addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated October 27, 2020. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 532
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Marvin A. Miller dated October 30, 2020 re: #529 LETTER MOTION to Compel Sergeants Benevolent Association Health & Welfare Fund to Produce discovery regarding certain expert reliance materials addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated October 27, 2020. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 531
DECLARATION of Kristen O'Shaughnessy in Support re: #461 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Laura R. Craft.. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(O'Shaughnessy, Kristen)
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Filing 530
REPLY MEMORANDUM OF LAW in Support re: #461 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Laura R. Craft. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(O'Shaughnessy, Kristen)
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Filing 529
***SELECTED PARTIES*** LETTER MOTION to Compel Sergeants Benevolent Association Health & Welfare Fund to Produce discovery regarding certain expert reliance materials addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated October 27, 2020. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 528
REPLY MEMORANDUM OF LAW in Opposition re: #444 MOTION to Certify Class . . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 527
MEMO ENDORSED ORDER granting #526 Motion for Leave to File Document. ENDORSEMENT: Granted - 10 pages max. (Signed by Judge Colleen McMahon on 10/21/2020) (mml)
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Filing 526
MOTION for Leave to File A Sur-Reply in Further Opposition to End-Payor Plaintiff's Motion for Class Certification . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1).(Toto, Martin)
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Filing 525
NOTICE OF APPEARANCE by Michael Sean Royall on behalf of Actavis, plc, Forest Laboratories, LLC..(Royall, Michael)
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Filing 524
NOTICE OF APPEARANCE by Olivia Arden Adendorff on behalf of Actavis, plc, Forest Laboratories, LLC..(Adendorff, Olivia)
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Filing 523
***SELECTED PARTIES***DECLARATION of Kristen O'Shaughnessy in Support re: #461 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Laura R. Craft.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 522
***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #461 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Laura R. Craft. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 521
NOTICE of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(O'Shaughnessy, Kristen)
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Filing 520
MEMORANDUM OF LAW in Opposition re: #461 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Laura R. Craft. End-Payor Plaintiffs Corrected Opposition to Defendants Motion to Exclude The Testimony And Opinions of Plaintiffs Expert Laura Craft Previously Filed as ECF No. 494. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 519
ORDER FOR ADMISSION PRO HAC VICE granting #516 Motion for Olivia Adendorff to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 10/14/2020) (rro)
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Filing 518
ORDER FOR ADMISSION PRO HAC VICE granting #515 Motion for M. Sean Royall to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 10/14/2020) (rro)
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Filing 517
NOTICE OF APPEARANCE by James Francis Hurst on behalf of Actavis, plc, Forest Laboratories, LLC..(Hurst, James)
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Filing 516
MOTION for Olivia Adendorff to Appear Pro Hac Vice (Corrected receipt number ANYSDC-22089186). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Adendorff, Olivia)
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Filing 515
MOTION for M. Sean Royall to Appear Pro Hac Vice (Corrected receipt number ANYSDC-22089080). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Royall, Michael)
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Filing 514
ORDER PRELIMINARILY APPROVING END-PAYOR PLAINTIFF'S SETTLEMENT WITH TEVA PHARMACEUTICALS USA, INC., TEVA PHARMACEUTICAL INDUSTRIES LTD., BARR PHARMACEUTICALS, INC. (n/k/a Barr Pharmaceuticals, LLC), AND COBALT LABORATORIES, INC (n/k/a Cobalt Laboratories, LLC): The EPP Class has thousands of members geographically dispersed throughout the United States and its territories. Pursuant to Rule 23(a)(1), the Court determines that the EPP Class is so numerous that joinder of all members is impracticable. 3. Pursuant to Fed. R. Civ. P. 23(c)(1)(B), the Court determines that, in connection with and solely for purposes of settlement, the following issues relating to claims (expressed in summary fashion) and/or defenses posed by Defendants present common, class-wide questions, as further set forth. 11. All litigation activity against the Teva Defendants is hereby stayed, other than as provided for in the Settlement Agreement, and all hearings, deadlines, and other proceedings related to EPP's claims against those Defendants, other than those incident to the settlement process, are hereby taken off calendar. The stay shall remain in effect until further order of this Court. 12. In the event that the Teva Settlement fails to become effective in accordance with its terms, or if an Order granting final approval to the Settlement and dismissing EPP's claims against those Defendants with prejudice is not entered or is reversed, vacated, or materially modified on appeal, this Order shall be null and void. 13. In the event that either the Teva Settlement is terminated, not approved by the Court, or the respective Settlement does not become final pursuant to the terms of the respective Settlement, litigation against those Defendants shall resume in a reasonable manner as approved by the Court. 14. Nothing herein shall be deemed an admission by the Teva Defendants of any wrongdoing or any unlawful conduct, and nothing herein shall be deemed to constitute a waiver by the Teva Defendants of any right to contest, should the litigation resume against the Teva Defendants. 15. The Court retains exclusive jurisdiction to consider all further matters arising out of or connected with the Settlement Agreement. (Signed by Judge Colleen McMahon on 10/13/2020) (mml)
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Filing 513
MEMO ENDORSED ORDER granting #468 Motion for Settlement. ENDORSEMENT: Motion granted. See Order. (Signed by Judge Colleen McMahon on 10/13/2020) (mml)
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Filing 512
ORDER FOR ADMISSION PRO HAC VICE granting #511 Motion for James F. Hurst to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Colleen McMahon on 10/13/2020) (mml)
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Minute Entry for proceedings held before Judge Colleen McMahon: Telephone Conference held on 10/13/2020. The Court approved the settlement for the Dr. Teva defendants. Submitted By: Chloe Lewis. (Court Reporter Kristen Carannante). (mde)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #516 MOTION for Olivia Adendorff to Appear Pro Hac Vice (Corrected receipt number ANYSDC-22089186). Motion and supporting papers to be reviewed by Clerk's Office staff., #515 MOTION for M. Sean Royall to Appear Pro Hac Vice (Corrected receipt number ANYSDC-22089080). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 511
MOTION for James F. Hurst to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22089288. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Hurst, James)
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Filing 510
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Olivia Adendorff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22089186. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Adendorff, Olivia) Modified on 10/12/2020 (bcu).
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Filing 509
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for M. Sean Royall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22089080. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Royall, Michael) Modified on 10/12/2020 (bcu).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #509 MOTION for M. Sean Royall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22089080. Motion and supporting papers to be reviewed by Clerk's Office staff., #510 MOTION for Olivia Adendorff to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22089186. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Texas. We do not accept certificates from a state bar registra from this state.;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) Modified on 10/13/2020 (bcu).
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #511 MOTION for James F. Hurst to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22089288. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 508
ORDER granting #488 Motion to Serve. Plaintiff's request for leave to serve merits rebuttal reports as outlined in its September 21st motion is GRANTED. The Clerk of Court is respectfully directed to remove the motion at Docket Number 488 from the Court's list of open motions. (Signed by Judge Colleen McMahon on 10/8/2020) (mml)
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Filing 507
DECLARATION of Martin M. Toto in Opposition re: #488 MOTION to Serve instanter merits rebuttal reports.. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Toto, Martin)
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Filing 506
MEMORANDUM OF LAW in Opposition re: #488 MOTION to Serve instanter merits rebuttal reports. [Pubic Redacted Version] #499 . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 505
ORDER PRELIMINARILY APPROVING END-PAYOR PLAINTIFF'S SETTLEMENT WITH DR. REDDY'S LABORATORIES LTD. AND DR. REDDY'S LABORATORIES INC granting #471 Motion for Settlement. The terms of the Dr. Reddy's Settlement dated August 23, 2020, are hereby preliminarily approved. This Order incorporates the Dr. Reddy's Settlement, and terms used in this Order that are defined in the Settlement have the same meanings. The Settlement was entered into after arm's-length negotiations by experienced counsel on behalf of the EPP Class. The Court preliminarily finds that the Dr. Reddy's Settlement is fair, reasonable and adequate, and in the best interests of the EPP Class, pursuant to Rule 23 of the Federal Rules of Civil Procedure, and warrants preliminary approval. 10. Bank Leumi USA is hereby approved as Escrow Agent pursuant to the Dr. Reddy's Settlement. 11. All litigation activity against the Dr. Reddy's Defendants is hereby stayed, other than as provided for in the Dr. Reddy's Settlement Agreement, and all hearings, deadlines, and other proceedings related to EPP's claims against those defendants, other than those incident to the settlement process, are hereby taken off calendar. The stay shall remain in effect until further order of this Court, as further set forth. 16. Notice to members of the Class shall be deferred as provided in the Dr. Reddy's Settlement. 17. A.B. Data, Ltd. is appointed as Notice/Claims Administrator. SO ORDERED. (Signed by Judge Colleen McMahon on 10/5/2020) (mml)
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Filing 504
***EX-PARTE***DECLARATION of Marvin A. Miller in Support re: #488 MOTION to Serve instanter merits rebuttal reports.. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Motion or Order to File Under Seal: #502 .(Miller, Marvin)
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Filing 503
***EX-PARTE*** REPLY MEMORANDUM OF LAW in Support re: #488 MOTION to Serve instanter merits rebuttal reports. . Document filed by Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #502 .(Miller, Marvin)
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Filing 502
NOTICE of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 501
REPLY MEMORANDUM OF LAW in Support re: #444 MOTION to Certify Class . . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 500
***SELECTED PARTIES***DECLARATION of Martin M. Toto in Opposition re: #488 MOTION to Serve instanter merits rebuttal reports.. Document filed by All Defendants. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)Motion or Order to File Under Seal: #498 .(Toto, Martin)
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Filing 499
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #488 MOTION to Serve instanter merits rebuttal reports. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, A.F. of L.- A.G.C. Building Trades Welfare Plan. Motion or Order to File Under Seal: #498 .(Toto, Martin)
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Filing 498
NOTICE of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 497
NOTICE of COMPLIANCE WITH 28 U.S.C. 1715. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc...(Stephens, Eric)
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Filing 496
ORDER FOR ADMISSION PRO HAC VICE granting (495) Motion for Eric E. Lancaster to Appear Pro Hac Vice in case 1:15-cv-06549-CM-RWL. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 9/24/2020) Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM, 1:20-cv-01799-CM. (mml)
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Filing 495
MOTION for Eric E. Lancaster to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Affidavit of Eric E. Lancaster, #3 Text of Proposed Order).(Lancaster, Eric)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #495 MOTION for Eric E. Lancaster to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 494
MEMORANDUM OF LAW in Opposition re: #461 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Laura R. Craft. . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 493
***EX-PARTE***NOTICE of Filing Exhibit 4 to Reply Declaration of Marvin A. Miller in Support of End-Payor Purchaser Class Plaintiff's Motion for Class CertificationUnder Seal re: #490 Declaration in Support of Motion,. Document filed by Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #487 .(Miller, Marvin)
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Filing 492
***EX-PARTE***NOTICE of Filing Exhibit 3 to Reply Declaration of Marvin A. Miller in Support of End-Payor Purchaser Class Plaintiff's Motion for Class CertificationUnder Seal re: #490 Declaration in Support of Motion,. Document filed by Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #487 .(Miller, Marvin)
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Filing 491
***EX-PARTE***NOTICE of Filing Exhibits 1 and 2 to Reply Declaration of Marvin A. Miller in Support of End-Payor Purchaser Class Plaintiff's Motion for Class CertificationUnder Seal re: #490 Declaration in Support of Motion,. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 2)Motion or Order to File Under Seal: #487 .(Miller, Marvin)
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Filing 490
DECLARATION of Marvin A. Miller in Support re: #444 MOTION to Certify Class .. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(Miller, Marvin)
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Filing 489
***EX-PARTE*** REPLY MEMORANDUM OF LAW in Support re: #444 MOTION to Certify Class . . Document filed by Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #487 .(Miller, Marvin)
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Filing 488
MOTION to Serve instanter merits rebuttal reports. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Metcalf, Elizabeth)
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Filing 487
NOTICE of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 486
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Eric E. Lancaster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21760682. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Exhibit B - Affidavit, #3 Text of Proposed Order).(Lancaster, Eric) Modified on 9/21/2020 (bcu).
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Filing 485
MEMO ENDORSEMENT on #483 RESPONSE in Opposition to Motion granting in part and denying in part #481 Motion for Leave to File Excess Pages. ENDORSEMENT: 20 page reply. (Signed by Judge Colleen McMahon on 9/21/2020) (jwh)
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Filing 484
NOTICE OF CHANGE OF ADDRESS by Peter George Safirstein on behalf of Sergeants Benevolent Association Health & Welfare Fund. New Address: Safirstein Metcalf LLP, 14 Penn Plaza, 9th Floor, New York, New York, 10122, 2122012845..(Safirstein, Peter)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #486 MOTION for Eric E. Lancaster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21760682. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit not notarized;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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Filing 483
RESPONSE in Opposition to Motion re: #481 MOTION for Leave to File Excess Pages SBA's Request to File a Reply Memorandum Exceeding Page Limits in Support of Motion for Class Certification. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A).(Toto, Martin)
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Filing 482
NOTICE OF CHANGE OF ADDRESS by Elizabeth S Metcalf on behalf of Sergeants Benevolent Association Health & Welfare Fund. New Address: Safirstein Metcalf LLP, 14 Penn Plaza, 9th Floor, New York, New York, 10122, 2122012845..(Metcalf, Elizabeth)
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Filing 481
MOTION for Leave to File Excess Pages SBA's Request to File a Reply Memorandum Exceeding Page Limits in Support of Motion for Class Certification. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 480
DECLARATION of William H. Bave III in Opposition re: #444 MOTION to Certify Class .. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K).(Bave, William)
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Filing 479
MEMORANDUM OF LAW in Opposition re: #444 MOTION to Certify Class . [Public Redacted Version] #465 . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 478
DECLARATION of Kristen O'Shaughnessy in Support re: #461 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Laura R. Craft.. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7).(O'Shaughnessy, Kristen)
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Filing 477
MEMORANDUM OF LAW in Support re: #461 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Laura R. Craft. [Public Redacted Version] #463 . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(O'Shaughnessy, Kristen)
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Filing 476
NOTICE OF APPEARANCE by Matthew Robert Wisnieff on behalf of Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Wisnieff, Matthew)
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Filing 475
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #476) NOTICE OF APPEARANCE by Matthew Robert Wisnieff on behalf of Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Wisnieff, Matthew) Modified on 9/10/2020 (lb).
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Filing 474
SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AbbVie Inc. for Actavis, plc, Forest Laboratories, LLC. Document filed by Actavis, plc, Forest Laboratories, LLC..(Toto, Martin)
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Filing 473
DECLARATION of Marvin A Miller and Peter Safirstein in Support re: #471 MOTION for Settlement End-Payor Class Plaintiff's Motion for Preliminary Approval of Proposed Settlement with Dr. Reddy's Laboratories Ltd. and Dr. Reddy's Laboratories Inc.; Certification of Settlement Class; Appointment of Class. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1).(Metcalf, Elizabeth)
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Filing 472
MEMORANDUM OF LAW in Support re: #471 MOTION for Settlement End-Payor Class Plaintiff's Motion for Preliminary Approval of Proposed Settlement with Dr. Reddy's Laboratories Ltd. and Dr. Reddy's Laboratories Inc.; Certification of Settlement Class; Appointment of Class . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Metcalf, Elizabeth)
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Filing 471
MOTION for Settlement End-Payor Class Plaintiff's Motion for Preliminary Approval of Proposed Settlement with Dr. Reddy's Laboratories Ltd. and Dr. Reddy's Laboratories Inc.; Certification of Settlement Class; Appointment of Class Representative and Class Counsel; Deferral of Notice to the Class; and Stay of Proceedings. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Text of Proposed Order).(Metcalf, Elizabeth)
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Filing 470
DECLARATION of Marvin A Miller and Peter Safirstein in Support re: #468 MOTION for Settlement End-Payor Class Plaintiff's Motion for Preliminary Approval of Proposed Settlement with Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Barr Pharmaceuticals, Inc. (n/k/a Barr Pharmaceuticals, LLC) an. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1).(Metcalf, Elizabeth)
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Filing 469
MEMORANDUM OF LAW in Support re: #468 MOTION for Settlement End-Payor Class Plaintiff's Motion for Preliminary Approval of Proposed Settlement with Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Barr Pharmaceuticals, Inc. (n/k/a Barr Pharmaceuticals, LLC) an . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Metcalf, Elizabeth)
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Filing 468
MOTION for Settlement End-Payor Class Plaintiff's Motion for Preliminary Approval of Proposed Settlement with Teva Pharmaceuticals USA, Inc., Teva Pharmaceutical Industries Ltd., Barr Pharmaceuticals, Inc. (n/k/a Barr Pharmaceuticals, LLC) and Cobalt Laboratories, Inc. (n/k/a Cobalt Laboratories, LLC); Certification of Settlement Class; Appointment of Class Representatives and Class Counsel; Deferral of Notice to the Class; and Stay of Proceedings. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Text of Proposed Order).(Metcalf, Elizabeth)
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Filing 467
NOTICE of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 466
***SELECTED PARTIES***DECLARATION of William H. Bave III in Opposition re: #444 MOTION to Certify Class .. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 465
***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #444 MOTION to Certify Class . . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Toto, Martin)
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Filing 464
***SELECTED PARTIES***DECLARATION of Kristen O'Shaughnessy in Support re: #461 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Laura R. Craft.. Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 463
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #461 MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Laura R. Craft. . Document filed by Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., Forest Laboratories, LLC, Actavis, plc, Merz Pharma GmbH & Co. KGaA, Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(O'Shaughnessy, Kristen)
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Filing 462
NOTICE of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(O'Shaughnessy, Kristen)
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Filing 461
MOTION to Exclude / Defendants' Notice of Motion and Motion to Exclude the Opinions and Testimony of Laura R. Craft. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Text of Proposed Order).(O'Shaughnessy, Kristen)
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Filing 460
LETTER addressed to Judge Colleen McMahon from Marvin A. Miller dated August 23, 2020 re: settlement. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 459
NOTICE OF APPEARANCE by Michael Eugene Hamburger on behalf of Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Hamburger, Michael)
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Filing 458
MEMO ENDORSEMENT on re: #456 JOINT MOTION for Leave to File Excess Pages / Defendants' Unopposed Request to File a Joint Memorandum Exceeding Page Limit. filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Actavis, plc, Merz Pharmaceuticals GmbH, Forest Laboratories, LLC. ENDORSEMENT: Granted. (Signed by Judge Colleen McMahon on 8/20/2020) (va)
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Filing 457
ORDER granting #456 Motion for Leave to File Excess Pages. It is hereby ORDERED that the Defendants' Unopposed Request to File a Joint Memorandum Exceeding Page Limit is GRANTED, and it is further ORDERED that the Defendants may submit a joint memorandum of law in support of their opposition to Indirect Purchaser Plaintiff's Motion for Class Certification, not to exceed 45 pages. (Signed by Judge Colleen McMahon on 8/20/2020) (mml)
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Filing 456
JOINT MOTION for Leave to File Excess Pages / Defendants' Unopposed Request to File a Joint Memorandum Exceeding Page Limit. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Text of Proposed Order).(Toto, Martin)
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Filing 455
MEMORANDUM OF LAW in Support re: #444 MOTION to Certify Class . Memorandum of Law in Support of End-Payor Purchaser Class Plaintiff's Motion for Class Certification [PUBLIC VERSION]. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 454
ORDER terminating #452 Letter Motion for Discovery. This order addresses the parties' correspondence regarding depositions of Plainitffs' four merits experts. (See Dkt. 452, 453.) The Court previously directed that experts shall be deposed once, not twice. Accordingly, even though Plaintiffs must apply for leave to serve rebuttal experts, depositions of their four merits experts must await service of rebuttal reports, if any, from them. Alternatively, Defendants may take earlier depositions of any of the four merits experts but forego opportunity for additional deposition of that already-deposed expert in the event Plaintiffs are granted leave to serve rebuttal from that expert. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/20/2020) Copies transmitted to all counsel of record. (mml)
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Filing 453
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Marvin A. Miller dated July 17, 2020 re: #452 LETTER MOTION for Discovery / Letter Motion to Compel the Deposition of Plaintiff's Merits Experts addressed to Magistrate Judge Robert W. Lehrburger from Kristen O'Shaughnessy dated July 15, 2020. . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit EX A - Hearing Transcript, #2 Exhibit EX B "So Ordered CMO").(Miller, Marvin)
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Filing 452
LETTER MOTION for Discovery / Letter Motion to Compel the Deposition of Plaintiff's Merits Experts addressed to Magistrate Judge Robert W. Lehrburger from Kristen O'Shaughnessy dated July 15, 2020. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A).(O'Shaughnessy, Kristen)
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Filing 451
MEMO ENDORSEMENT on re: #449 Letter filed by Sergeants Benevolent Association Health & Welfare Fund. ENDORSEMENT: They are stayed as to Teva, Barr and Cobalt only. (Signed by Judge Colleen McMahon on 7/14/2020) (mml)
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Filing 450
MEMO ENDORSEMENT on re: #448 Letter filed by Sergeants Benevolent Association Health & Welfare Fund. ENDORSEMENT: Judge Lehrburger's order is AFFIRMED. (Signed by Judge Colleen McMahon on 7/13/2020) (mml)
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Filing 449
LETTER addressed to Judge Colleen McMahon from Marvin A. Miller dated July 13, 2020 re: settlement. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 448
LETTER addressed to Judge Colleen McMahon from Margaux Poueymirou dated July 10, 2020 re: Forest's Objection (ECF # 438). Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Poueymirou, Margaux)
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Filing 447
***EX-PARTE***NOTICE of Filing Exhibits 1, 4-6, and 8-24 to Declaration of Marvin A. Miller in Support of End Payor Purchaser Class Plaintiff's Motion for Class Certification Under Seal re: #446 Declaration in Support of Motion,,. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6, #4 Exhibit 8, #5 Exhibit 9, #6 Exhibit 10, #7 Exhibit 11, #8 Exhibit 12, #9 Exhibit 13, #10 Exhibit 14, #11 Exhibit 15, #12 Exhibit 16, #13 Exhibit 17, #14 Exhibit 18, #15 Exhibit 19, #16 Exhibit 20, #17 Exhibit 21, #18 Exhibit 22, #19 Exhibit 23, #20 Exhibit 24)Motion or Order to File Under Seal: #143 .(Miller, Marvin)
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Filing 446
DECLARATION of Marvin A. Miller in Support re: #444 MOTION to Certify Class .. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24).(Miller, Marvin)
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Filing 445
***SELECTED PARTIES***NOTICE of Filing Memorandum of Law in Support of End Payor Purchaser Class Plaintiff's Motion for Class Certification re: #444 MOTION to Certify Class .. Document filed by Sergeants Benevolent Association Health & Welfare Fund. Motion or Order to File Under Seal: #143 .(Miller, Marvin)
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Filing 444
MOTION to Certify Class . Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 443
NOTICE of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 442
ORDER denying #426 Letter Motion for Conference; denying #433 Letter Motion for Conference; denying #434 Letter Motion for Conference. Having given the matters due consideration, Plaintiff's applications for conferences regarding purported discovery shortcomings in regard to Dr. Reddy's (Dkt. 426), Forest (Dkt. 433), and Teva (Dkt. 434) are DENIED for substantially the reasons as set forth in each application's respective response. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/6/2020) (mml) Copies transmitted to all counsel of record.
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Filing 441
LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Kristen O'Shaughnessy dated July 2, 2020 re: #433 LETTER MOTION for Conference requesting a pre-motion discovery conference regarding Defendants Forest Laboratories, LLC; Actavis, PLC, Forest Laboratories, INC.; and Forest Laboratories Holdings LTD addressed to Magistrate Judge Robert W. Le . Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(O'Shaughnessy, Kristen)
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Filing 440
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Christopher T. Holding dated July 2, 2020 re: Response to Plaintiffs Request for Discovery Conference. Document filed by Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Holding, Christopher)
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Filing 439
***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Robert W. Lehrburger from Christopher T. Holding dated July 2, 2020 re: Response to Plaintiffs Request for Discovery Conference. Document filed by Wockhardt USA LLC, MSP Recovery Claims, Series LLC, MSPA Claims I, LLC, Barr Pharmaceuticals, Inc., Teva Pharmaceutical Industries Ltd, Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA., A.F. of L.- A.G.C. Building Trades Welfare Plan, Forest Laboratories, LLC, Sun Pharmaceuticals Industries, Ltd., Actavis, plc, Dr. Reddy's Laboratories Ltd., Teva Pharmaceuticals Industries, Ltd., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH & Co. KGaA, Allergan plc, Upsher-Smith Laboratories, Inc., Sun India Pharmaceuticals Industries, Ltd., Dr. Reddy's Laboratories, Inc., Sergeants Benevolent Association Health & Welfare Fund, Cobalt Laboratories, Inc., Amneal Pharmaceuticals, LLC, Wockhardt Limited, Sun Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Motion or Order to File Under Seal: #143 .(Holding, Christopher)
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Filing 438
Objection re: #425 Order on Motion to Compel,,,,, Forest's Objection to Order Compelling Rule 30(b)(6) Deposition Concerning the Lexapro Amendment. Document filed by Actavis, plc, Forest Laboratories, LLC..(Toto, Martin)
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Filing 437
LETTER REPLY to Response to Motion addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated June 30, 2020 re: #426 LETTER MOTION for Conference Regarding Discovery from DRL addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated June 24, 2020. REDACTED. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Metcalf, Elizabeth)
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Filing 436
***SELECTED PARTIES***LETTER REPLY to Response to Motion addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated June 30, 2020 re: #426 LETTER MOTION for Conference Regarding Discovery from DRL addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated June 24, 2020. . Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Allergan plc, Amneal Pharmaceuticals, LLC, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA, Sun India Pharmaceuticals Industries, Ltd., Sun Pharmaceutical Industries Ltd., Sun Pharmaceuticals Industries, Ltd., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals Industries, Ltd., Teva Pharmaceuticals USA, Inc., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC. (Attachments: #1 Exhibit 01, #2 Exhibit 02)Motion or Order to File Under Seal: #143 .(Metcalf, Elizabeth)
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Filing 435
***SELECTED PARTIES***NOTICE of filing Unredacted Letter Motion and Exhibits 1-3 re: #434 LETTER MOTION for Conference requesting a discovery conference with the Court regarding deficiencies in Defendants Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries, Ltd.s document production [REDACTED] addressed to Magistrat. Document filed by Sergeants Benevolent Association Health & Welfare Fund, A.F. of L.- A.G.C. Building Trades Welfare Plan, Actavis, plc, Allergan plc, Amneal Pharmaceuticals, LLC, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Forest Laboratories, LLC, JM Smith Corporation, MSP Recovery Claims, Series LLC, MSPA Claims I, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA, Sun India Pharmaceuticals Industries, Ltd., Sun Pharmaceutical Industries Ltd., Sun Pharmaceuticals Industries, Ltd., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals Industries, Ltd., Teva Pharmaceuticals USA, Inc., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Motion or Order to File Under Seal: #143 .(Poueymirou, Margaux)
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Filing 434
LETTER MOTION for Conference requesting a discovery conference with the Court regarding deficiencies in Defendants Teva Pharmaceuticals USA, Inc. and Teva Pharmaceutical Industries, Ltd.s document production [REDACTED] addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated June 29, 2020. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1-3 (slip-sheet)).(Poueymirou, Margaux)
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Filing 433
LETTER MOTION for Conference requesting a pre-motion discovery conference regarding Defendants Forest Laboratories, LLC; Actavis, PLC, Forest Laboratories, INC.; and Forest Laboratories Holdings LTD addressed to Magistrate Judge Robert W. Lehrburger from Margaux Poueymirou dated June 29, 2020. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Poueymirou, Margaux)
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Filing 432
NOTICE OF APPEARANCE by Margaux Lynn Rosa Poueymirou on behalf of Sergeants Benevolent Association Health & Welfare Fund..(Poueymirou, Margaux)
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Filing 431
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 6/23/2020 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.(rro)
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Filing 430
TRANSCRIPT of Proceedings re: Telephone Conference held on 6/23/2020 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 7/20/2020. Redacted Transcript Deadline set for 7/30/2020. Release of Transcript Restriction set for 9/28/2020..(rro)
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Filing 429
LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Jonathan Berman dated 6/29/20 re: #426 LETTER MOTION for Conference Regarding Discovery from DRL addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated June 24, 2020. . Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc...(Hall, Eric)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Telephonic Discovery Conference held on 6/23/2020 at 10:00 a.m. (rsh).
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Filing 428
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 6/23/2020 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.(rro)
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Filing 427
TRANSCRIPT of Proceedings re: Telephone Conference held on 6/23/2020 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. 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 7/16/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/23/2020.(rro)
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Filing 426
LETTER MOTION for Conference Regarding Discovery from DRL addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated June 24, 2020. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A).(Metcalf, Elizabeth)
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Filing 425
ORDER terminating #423 Letter Motion to Compel. As discussed during the discovery conference held on June 23, 2020, 1. Plaintiff's request (Dkt. 417) to take a 30(b)(6) deposition concerning the Lexapro amendment financial analyses is granted. The deposition shall be limited to a half day of 3.5 on-the-record hours. 2. Plaintiff's request (Dkt. 417) for "technical" information concerning rebates is denied. 3. With respect to Plaintiff's requests for admission to Forest, (a) Forest shallrevise its answers to "group 1" RFAs (i.e., those identified in fn 5 of Dkt. 423 as allegedly "improperly evasive") to give complete substantive answers; (b) Forest shall revise its answers to "group 2" RFAs (i.e., those identified in fn 6 of Dkt. 423 as improperly qualified by lack of knowledge "at present") to remove the "at present" qualification; Forest may add a general qualification that it reserves the right to amend its answers up to 30 days following the end of discovery based on new information; and (c) the parties shall meet and confer to resolve concerns about "group 3" RFAs (i.e., those identified in fn 7 of Dkt. 423 as not having been substantively answered at all). This order resolves the letter motions at Dkt. 417 and 423. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/23/2020) Copies transmitted to all counsel of record. (mml)
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Filing 424
***SELECTED PARTIES***NOTICE of Filing Exhibits A and F Under Seal re: #423 LETTER MOTION to Compel Actavis plc and Forest Laboratories, LLC to amend responses to Plaintiff's RFAs addressed to Magistrate Judge Robert W. Lehrburger from Marvin A. Miller dated 6/19/2020.. Document filed by Sergeants Benevolent Association Health & Welfare Fund, Actavis, plc, Forest Laboratories, LLC. Motion or Order to File Under Seal: #143 .(Miller, Marvin)
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Filing 423
LETTER MOTION to Compel Actavis plc and Forest Laboratories, LLC to amend responses to Plaintiff's RFAs addressed to Magistrate Judge Robert W. Lehrburger from Marvin A. Miller dated 6/19/2020. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Miller, Marvin)
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Filing 422
NOTICE of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Miller, Marvin)
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Filing 421
ORDER granting #419 Letter Motion. Conference scheduled for June 19, 2020 is cancelled. (Signed by Judge Colleen McMahon on 6/17/2020). (mde)
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Filing 420
SCHEDULING ORDER granting #417 Letter Motion for Conference. A telephonic Discovery Conference is set for June 23, 2020 at 10:00 a.m. The parties shall call the teleconference line at (888) 398-2342 and enter access code 9543348. SO ORDERED. Telephone Conference set for 6/23/2020 at 10:00 AM before Magistrate Judge Robert W. Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 6/17/2020) Copies transmitted to all counsel of record. (mml)
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Filing 419
LETTER MOTION for Conference Scheduled June 19 and Modification of CMO addressed to Judge Colleen McMahon from Jonathan Berman dated June 9, 2020. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc.. (Attachments: #1 Exhibit Exh. A - June 8 Correspondence w Plaintiff, #2 Exhibit Exh. B - Proposed Order re CMO and June 19 Conference).(Hall, Eric)
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Filing 418
RESPONSE to Motion re: #417 LETTER MOTION for Conference requesting a pre-motion discovery conference addressed to Magistrate Judge Robert W. Lehrburger from Ankur Kapoor dated June 3, 2020. . Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Toto, Martin)
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Filing 417
LETTER MOTION for Conference requesting a pre-motion discovery conference addressed to Magistrate Judge Robert W. Lehrburger from Ankur Kapoor dated June 3, 2020. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B).(Kapoor, Ankur)
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Filing 416
CASE MANAGEMENT ORDER granting #413 Letter Motion for Extension of Time. The Court therefore ORDERS the following timing and sequencing of events: July 6, 2020 Fact discovery closes. July 6, 2020 Last date for Plaintiff to file motion for class certification. July 10, 2020 Backup and materials relied upon in the served expert reports, other than reports served in the DPP Action, and other than documents previously produced in this litigation and public documents, shall be served in electronic form no later than four calendar days after the report is served. August 24, 2020 Last date for Defendants to file an opposition to motion for class certification. August 24, 2020 Last date for Defendants to file any Daubert motions relating to Plaintiff's class certification expert(s). Plaintiff shall make its class certification expert available for deposition pursuant to footnote 1 in advance of any deadline for Defendants to file such Daubert. September 21, 2020 Last date for Plaintiff to file opposition to Defendants' Daubert motion(s) for class certification expert(s). September 21, 2020 Last date for Plaintiff to file any Daubert motions relating to Defendants' class certification expert(s). Defendants shall make class certification expert available for deposition pursuant to footnote 2 in advance of any deadline for Plaintiffs to file such Daubert. September 21, 2020 Last date for Plaintiff to file reply in support of motion for class certification. September 21, 2020 Plaintiff serves class certification rebuttal expert reports. September 21, 2020 Last date for Plaintiff to move for leave to serve merits rebuttal reports. September 25, 2020 All expert backup and materials relied upon in Plaintiff's rebuttal expert reports, other than documents previously produced in this litigation and public documents, shall be served in electronic form no later than four calendar days after the report is served. October 13, 20203 Expert discovery closes. October 19, 2020 Last date for Defendants to file any replies to Defendants' Daubert motions relating to Plaintiff's class certification experts. October 19, 2020 Last date for Plaintiff to file any replies to Plaintiff's Daubert motions relating to Defendants' class certification experts. November 23, 2020 Last date to file motions for summary judgment. November 23, 2020 Last date to file merits Daubert motions. December 21, 2020 Last date to file oppositions to summary judgment. December 21, 2020 Last date to file oppositions to Daubert motions for merits experts. January 4, 2021 Last date to file replies to summary judgment. January 4, 2021 Last date to file replies to Daubert motions for merits experts. 30 Days Following Decision on Motions for Summary Judgment Joint Pre-Trial Order due, as further set forth. (Signed by Judge Colleen McMahon on 5/29/2020) (mml)
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Filing 415
LETTER addressed to Judge Colleen McMahon from Marvin A. Miller dated 5/29/2020 re: Reply in Support of SBA's Request to Enter Proposed Case Management Order. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A - Email).(Miller, Marvin)
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Set/Reset Deadlines: Fact Discovery due by 7/6/2020. Motions due by 11/23/2020. Responses due by 12/21/2020. Replies due by 1/4/2021. (mml)
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Filing 414
LETTER RESPONSE in Opposition to Motion addressed to Judge Colleen McMahon from Martin M. Toto dated May 28, 2020 re: #413 LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Marvin A. Miller dated 5/28/2020. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1).(Toto, Martin)
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Filing 413
LETTER MOTION for Extension of Time addressed to Judge Colleen McMahon from Marvin A. Miller dated 5/28/2020. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A - Proposed Case Management Order, #2 Exhibit B - Email).(Miller, Marvin)
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Filing 412
ORDER terminating #409 Letter Motion to Compel. The January 10, 2020 email indicates Plaintiff's agreement to limit the deposition of Mr. Meury to 2 hours. The fact that the deposition will be held remotely does not provide a basis for the Plaintiff's current request for a 5-hour or even 3.5-hour deposition. The deposition shall be 2.5 hours, based on Forest's proposal to extend the deposition by half an hour. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/22/2020) (ks)
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Filing 411
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from William H. Bave, III dated May 21, 2020 re: #409 LETTER MOTION to Compel the reservation of 5 hours for the remote deposition of William Meury addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated May 19, 2020. . Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit A - Email From W. Bave to P. Safirstein RE Namenda Depositions, #2 B - Email from P. Safirstein to W. Bave Re_ Namenda - January 7 2020 Meet and Confer re Forest_Merz Deposition).(Bave, William)
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Filing 410
MEMO ENDORSEMENT on re: (408 in 1:15-cv-06549-CM-RWL) MOTION for Eric C. Hall to Appear Pro Hac Vice. ENDORSEMENT: Granted. (Signed by Judge Colleen McMahon on 5/20/2020) Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM, 1:20-cv-01799-CM. (mml) (Main Document 410 replaced on 5/26/2020) (mml).
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Filing 409
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel the reservation of 5 hours for the remote deposition of William Meury addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated May 19, 2020. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Metcalf, Elizabeth) Modified on 7/21/2020 (db).
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Filing 408
MOTION for Eric C. Hall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19894902. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc.. (Attachments: #1 Affidavit Affidavit in support of PHV, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order Granting PHV).(Hall, Eric)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #408 MOTION for Eric C. Hall to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19894902. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): affidavit not notarized;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (laq)
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Filing 407
MEMO ENDORSEMENT on re: (406 in 1:15-cv-06549-CM-RWL, 73 in 1:19-cv-10184-CM) Letter, filed by MSPA Claims I, LLC, MSP Recovery Claims, Series LLC. ENDORSEMENT: I did not sign the stipulation because I understood what you did. The stip does not require my signature. The stip does not dismiss all claims in 15civ6549, but that is of no movement. The Clerk of Court should docket the stip and close 19cv10184. (Signed by Judge Colleen McMahon on 4/17/2020) (rro)
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Filing 406
LETTER addressed to Judge Colleen McMahon from Anna Higgins dated 04/16/2020 re: Stipulation of Dismissal (ECF No. 405). Document filed by MSP Recovery Claims, Series LLC, MSPA Claims I, LLC.Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM.(Higgins, Anna)
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Filing 405
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Allergan plc, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Teva Pharmaceuticals Industries, Ltd., Teva Pharmaceuticals USA, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by MSP Recovery Claims, Series LLC, MSPA Claims I, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Coffin, Christopher)
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***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #405 Stipulation of Voluntary Dismissal, was reviewed and referred to Judge Colleen McMahon 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. (tp)
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Filing 404
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Allergan plc, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Teva Pharmaceuticals Industries, Ltd., Teva Pharmaceuticals USA, Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by MSP Recovery Claims, Series LLC, MSPA Claims I, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Coffin, Christopher) Modified on 4/10/2020 (dt).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Christopher Coffin. RE-FILE Document No. #404 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed (Signatures) by the attorneys. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (dt)
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Filing 403
PROPOSED CASE MANAGEMENT PLAN. Document filed by Sergeants Benevolent Association Health & Welfare Fund..(Metcalf, Elizabeth)
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Filing 402
MEMO ENDORSEMENT on re: (10 in 1:20-cv-01799-CM) Response to Motion, filed by A.F. of L.- A.G.C. Building Trades Welfare Plan. ENDORSEMENT: 1) Yes to consolidate. 2) No to additional lead counsel. (Signed by Judge Colleen McMahon on 3/10/2020) (mml) (Main Document 402 replaced on 3/11/2020) (tro). (Main Document 402 replaced on 3/11/2020) (mml).
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Set/Reset Deadlines: Forest Laboratories, LLC answer due 4/6/2020. (mml)
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Filing 401
ORDER in 1:20-cv-01799 terminating 6 Letter Motion for Extension of Time; terminating 6 Letter Motion to Consolidate Cases. Extension granted, Oh I fully intend to consolidate the actions and put the new case on the same schedule. This is a "tag along" action in the truest sense of the word. If you will send a draft order it will spare me the trouble of drafting one myself-something that is on my "TO DO" list, but way at the bottom. (Signed by Judge Colleen McMahon on 3/4/2020) (mml)
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Filing 400
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/29/2020 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Rebecca Forman, (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 3/24/2020. Redacted Transcript Deadline set for 4/3/2020. Release of Transcript Restriction set for 6/1/2020..(McGuirk, Kelly)
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Filing 399
NOTICE OF APPEARANCE by Andrew Szot on behalf of Sergeants Benevolent Association Health & Welfare Fund..(Szot, Andrew)
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Filing 398
QUALIFIED PROTECTIVE ORDER FOR PROTECTED HEALTH INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Robert W. Lehrburger on 3/2/2020) (mml)
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Filing 397
ORDER granting (394) Motion for Andrew Stanley Szot to Appear Pro Hac Vice in case 1:15-cv-06549-CM-RWL. SO ORDERED. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM (Lehrburger, Robert)
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Filing 396
ORDER: This order resolves the issue of an appropriate HIPAA qualified protective order. The parties shall use the protective order proposed by Defendants, which mirrors the same protective order previously approved and entered in the direct purchaser litigation. To the extent SBA or a producing party or third-party has concerns about relevance or other basis for objection regarding particular information sought by a subpoena or discovery request, the issue can be addressed in the context of the particular subpoena or discovery request. The Court will separately enter the protective order. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM (Lehrburger, Robert)
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Filing 395
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Lori Fanning dated February 26, 2020 re: #389 LETTER MOTION for Discovery re: Motion for Entry of HIPAA Qualified Protective Order addressed to Magistrate Judge Robert W. Lehrburger from Kevin C. Adam dated February 21, 2020. . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit EXHIBIT A - SBA Proposed QPO).(Fanning, Lori)
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Filing 394
MOTION for Andrew Stanley Szot to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18929983. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order).(Szot, Andrew)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #394 MOTION for Andrew Stanley Szot to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18929983. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 393
NOTICE OF APPEARANCE by Kathleen Ellen Boychuck on behalf of Sergeants Benevolent Association Health & Welfare Fund..(Boychuck, Kathleen)
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Filing 392
NOTICE OF APPEARANCE by Matthew E Van Tine on behalf of Sergeants Benevolent Association Health & Welfare Fund..(Van Tine, Matthew)
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Filing 391
ORDER FOR ADMISSION PRO HAC VICE granting #388 Motion for Matthew Eric Van Tine to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 2/24/2020) (mml)
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Filing 390
ORDER: Defendants' request for leave to redact is granted. (Dkt. 381.) To clarify, however, the parties need not seek leave initially to proceed with redactions but do need to follow the procedure for filing and maintaining documents under seal set forth in this Court's individual rules. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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Filing 389
LETTER MOTION for Discovery re: Motion for Entry of HIPAA Qualified Protective Order addressed to Magistrate Judge Robert W. Lehrburger from Kevin C. Adam dated February 21, 2020. Document filed by Forest Laboratories, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Adam, Kevin)
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Filing 388
MOTION for Matthew Eric Van Tine to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A - Certificates of Good Standing, #2 Exhibit B - Affidavit, #3 Text of Proposed Order Proposed Order).(Van Tine, Matthew)
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Filing 387
NOTICE OF APPEARANCE by Jon Heintz on behalf of Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc...(Heintz, Jon)
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Filing 386
ORDER FOR ADMISSION PRO HAC VICE granting #383 Motion for Jon G. Heintz to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 2/21/2020) (mml)
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Filing 385
ORDER FOR ADMISSION PRO HAC VICE granting #382 Motion for Kathleen Ellen Boychuck to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 2/21/2020) (mml)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #388 MOTION for Matthew Eric Van Tine 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)
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Filing 384
MOTION for Jon Gregory Heintz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18865189. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order).(Heintz, Jon)
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Filing 383
MOTION for Jon Gregory Heintz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18865083. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc.. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit, #4 Text of Proposed Order).(Heintz, Jon)
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Filing 382
MOTION for Kathleen Ellen Boychuck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18861609. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order Proposed Order).(Boychuck, Kathleen)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #382 MOTION for Kathleen Ellen Boychuck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18861609. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #383 MOTION for Jon Gregory Heintz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18865083. Motion and supporting papers to be reviewed by Clerk's Office staff., #384 MOTION for Jon Gregory Heintz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18865189. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 381
LETTER MOTION to Seal addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated February 18, 2020. Document filed by Allergan plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(Toto, Martin)
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Filing 380
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Matthew Eric Van Tine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-18810156. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A - Certificates of Good Standing, #2 Exhibit B - Affidavit, #3 Text of Proposed Order Proposed Order)Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM.(Van Tine, Matthew) Modified on 2/14/2020 (vba).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #380 MOTION for Matthew Eric Van Tine to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-18810156. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT STATE OF ILLINOIS;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach thePRO HAC MUST BE FILED SEPARATE IN EACH CASE AND PRO HAC FEE MUST BE PAID FOR EACH CASE correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba) Modified on 2/14/2020 (vba).
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Filing 379
ANSWER to #319 Amended Complaint,,,,, with JURY DEMAND. Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH..(McDevitt, Heather)
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Filing 378
ANSWER to #319 Amended Complaint,,,,, with JURY DEMAND. Document filed by Allergan plc, Forest Laboratories, LLC..(Toto, Martin)
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Filing 377
ANSWER to #319 Amended Complaint,,,,, with JURY DEMAND. Document filed by Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc...(Holding, Christopher)
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Filing 376
ANSWER to #319 Amended Complaint,,,,, with JURY DEMAND. Document filed by Cobalt Laboratories, Inc...(Holding, Christopher)
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Filing 375
ANSWER to #319 Amended Complaint,,,,, with JURY DEMAND. Document filed by Barr Pharmaceuticals, Inc...(Holding, Christopher)
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Filing 374
ANSWER to #319 Amended Complaint,,,,, with JURY DEMAND. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc...(Berman, Jonathan)
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Filing 373
NOTICE OF APPEARANCE by Gina Marie Chiappetta on behalf of Actavis, plc, Allergan plc, Forest Laboratories, LLC..(Chiappetta, Gina)
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Filing 372
NOTICE OF APPEARANCE by Daniel Grossbaum on behalf of Actavis, plc, Allergan plc, Forest Laboratories, LLC..(Grossbaum, Daniel)
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Filing 371
STIPULATION AND ORDER REGARDING USE OF EVIDENCE FROM OTHER ACTIONS: NOW, THEREFORE, Allergan plc, and Forest Laboratories, LLC, Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA, and Merz Pharma GmbH & Co. KGaA ("Forest and Merz Defendants"), and MSP Recovery Claims, Series LLC and MSPA Claims 1, LLC ("MSP") hereby stipulate by and between the Parties through their respective counsel, as follows: 1) The following categories of evidence from The People of the State of New York v. Actavis, et al., Case No. 14-cv-7473 (S.D.N.Y.) (the "NYAG Action"), In re Namenda Direct Purchaser Antitrust Litigation, Case No. 15-cv-07488-CM (S.D.N.Y.) (the "DPP Action"), and already taken in the IPP Action are deemed to be, and shall be treated as if they were, submitted or taken in this case: as further set forth in this Order. 2) The Parties agree that they will not object to the admissibility of deposition, hearing, or investigational testimony and all other evidence referenced in section (1) above on the grounds that it otherwise would violate Federal Rule of Evidence 802 or Federal Rule of Civil Procedure 32, except that the Parties reserve the right to object to testimony on the ground that the testimony offered constitutes hearsay within hearsay. The Parties otherwise reserve all rights to object on other grounds to the relevance and/or admissibility of any evidence referenced in section (1) above. 3) The Parties reserve the right to cross-examine during depositions, hearings and at trial any witness on any topic addressed on direct examination. 4) The Parties reserve all rights to call any witness who testified in the NYAG Action, DPP Action, or the IPP Action to testify live at any trial in this case. 5) This agreement is limited to use in this action and only for the purposes of establishing the evidentiary record. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/30/2020) (mml)
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Filing 370
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Bruce E. Gerstein dated 1/29/2020 re: Letter Dated January 28, 2020. Document filed by JM Smith Corporation. (Attachments: #1 Exhibit)(Gerstein, Bruce)
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Filing 369
PROPOSED STIPULATION AND ORDER. Document filed by Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Toto, Martin)
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Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Discovery Hearing held on 1/29/2020 at 10:00 a.m. Orders as directed at conference. (Court Reporter Rebecca Forman present) (rsh).
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Filing 368
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Ethan E. Litwin dated January 28, 2020 re: Response to Defendants Jan. 27, 2020 letter re: case schedule. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM(Litwin, Ethan)
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Filing 367
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Marvin A. Miller dated 1/28/2020 re: EPP's Response to Forest's Letter Motion (ECF No. 365) for Protective Order re RFAs. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B)(Miller, Marvin)
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Filing 366
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Kristen O'Shaughnessy dated January 27, 2020 re: Case Schedule #351 . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A)(O'Shaughnessy, Kristen)
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Filing 365
LETTER MOTION for Discovery / Letter Motion for Protective Order Regarding IPP's Requests for Admission addressed to Magistrate Judge Robert W. Lehrburger from William H. Bave, III dated January 24, 2020. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Bave, William)
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Filing 364
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Tracy L. Turner dated 01/24/2020 re: Discovery Objections per Court's Revised Master Order (ECF No. 314). Document filed by MSP Recovery Claims, Series LLC, MSPA Claims I, LLC. (Attachments: #1 Exhibit Ex A- Objections and Responses to Defendants' First Set of Document Requests, #2 Exhibit Ex B- Objections and Responses to Brand Defendants' First Requests for Admission, #3 Exhibit Ex C- Objections to Allergan plc and Forest Laboratories, LLC's First Set of Interrogatories, #4 Exhibit Ex D- Objections and Responses to Dr. Reddy's Laboratories, Ltd. and Dr. Reddy's Laboratories, Inc.'s First Set of Interrogatories, #5 Exhibit Ex E- Objections to Deposition Notices of Assignors, #6 Exhibit Ex F- Objections to Deposition Notices of MSP 30(b)(6) corporate representatives)Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM(Turner, Tracy)
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Filing 363
MEMO ENDORSEMENT on re: #362 Letter filed by Sergeants Benevolent Association Health & Welfare Fund. ENDOREMENT: SO ORDERED. (Deposition due by 2/5/2020.) (Signed by Magistrate Judge Robert W. Lehrburger on 1/24/2020) (mml)
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Filing 362
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated January 24, 2020 re: THB Deposition Date. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Metcalf, Elizabeth)
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Filing 361
SCHEDULING ORDER: Discovery Conference set for 1/29/2020 at 10:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (Signed by Magistrate Judge Robert W. Lehrburger on 1/22/2020) (rsh)
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Filing 360
ORDER terminating #355 Letter Motion for Discovery. This resolves Defendants' request to compel and for sanctions in regard to non-party True Health Benefits (THB), represented by Plaintiff's counsel (Dkt. 355). 1. No later than January 27, 2020, THB shall complete document production and certify that it has done so. 2. THB shall make its witness available for deposition no later than January 31, 2020. 3. The Court finds THB's conduct to be far from diligent but denies the request for a finding of contempt and for sanctions. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/20/2020) Copies transmitted to all counsel of record via ECF. (mml) Modified on 2/3/2020 (mml).
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Set/Reset Deadlines: Deposition due by 1/31/2020. (mml)
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Filing 359
ORDER DENYING PLAINTIFFS' LETTER MOTION TO COMPEL: The IPPs have until April 24 to retain their experts and submit expert reports. If defense counsel believe that it is necessary to obtain supplemental reports from their experts after receiving the IPP expert reports (and after the phone conference, I have every reason to believe that they will), those supplemental reports must be provided no later than June 12. Expert depositions must be completed by July 31. Motions for summary judgment and Daubert motions must be submitted by September 11. Oppositions to motions for summary judgment and Daubert motions must be submitted by October 9. Reply briefs in further support of motions for summary judgment and Daubert motions must be submitted by October 23. SO ORDERED. (Deposition due by 7/31/2020. Motions due by 9/11/2020. Responses due by 10/9/2020. Replies due by 10/23/2020.) (Signed by Judge Colleen McMahon on 1/17/2020) (mml)
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Filing 358
LETTER addressed to Judge Colleen McMahon from Lori A. Fanning dated 1/16/2020 re: Response to Defendants' letter of January 10, 2020 regarding case schedule. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fanning, Lori)
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Filing 357
LETTER REPLY to Response to Motion addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated January 16, 2020 re: #355 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated January 15, 2020. . Document filed by Forest Laboratories, LLC. (Toto, Martin)
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Filing 356
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated January 15, 2020 re: #355 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated January 15, 2020. . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Metcalf, Elizabeth)
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Filing 355
LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated January 15, 2020. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Toto, Martin)
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Filing 354
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated January 14, 2020 re: #352 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated January 10, 2020. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Toto, Martin)
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Filing 353
DEMAND for Trial by Jury. Document filed by Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc.(Holding, Christopher)
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Filing 352
LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated January 10, 2020. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Metcalf, Elizabeth)
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Filing 351
LETTER addressed to Judge Colleen McMahon from Kristen O'Shaughnessy dated January 10, 2020 re: Case Schedule. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(O'Shaughnessy, Kristen)
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Filing 350
LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from Martin M. Toto dated January 9, 2020 re: #344 LETTER MOTION to Compel DPP counsel to allow SBA to rely on the DPP Action experts reports for purposes of summary judgment and trial, including permitting the IPPs to subpoena the DPPs experts to testify at trial addressed to Judge Colle . Document filed by Actavis, plc, Forest Laboratories, LLC. (Toto, Martin)
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Filing 349
LETTER RESPONSE to Motion addressed to Judge Colleen McMahon from Christopher T. Holding dated January 9, 2020 re: #344 LETTER MOTION to Compel DPP counsel to allow SBA to rely on the DPP Action experts reports for purposes of summary judgment and trial, including permitting the IPPs to subpoena the DPPs experts to testify at trial addressed to Judge Colle . Document filed by Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc.. (Holding, Christopher)
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Filing 348
ORDER terminating #344 Letter Motion to Compel. I need a conference with the lawyers for the DPP and IPP plaintiffs to work this out. This matter really does not concern defendants. (Signed by Judge Colleen McMahon on 1/9/2020) (mml)
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Filing 347
MEMO ENDORSED NOTICE OF WITHDRAWAL AS COUNSEL OF RECORD in case 1:15-cv-06549-CM-RWL; granting (55) Motion to Withdraw as Attorney in case 1:19-cv-10184-CM. ENDORSEMENT: SO ORDERED. (Signed by Judge Colleen McMahon on 1/9/2020) Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM. (mml)
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Filing 346
RESPONSE in Opposition to Motion re: (344 in 1:15-cv-06549-CM-RWL) LETTER MOTION to Compel DPP counsel to allow SBA to rely on the DPP Action experts reports for purposes of summary judgment and trial, including permitting the IPPs to subpoena the DPPs experts to testify at trial addressed to Judge Colle . Document filed by JM Smith Corporation. Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM(Gerstein, Bruce)
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Filing 345
NOTICE OF APPEARANCE by Bruce E. Gerstein on behalf of JM Smith Corporation. Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM(Gerstein, Bruce)
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Filing 344
LETTER MOTION to Compel DPP counsel to allow SBA to rely on the DPP Action experts reports for purposes of summary judgment and trial, including permitting the IPPs to subpoena the DPPs experts to testify at trial addressed to Judge Colleen McMahon from Peter Safirstein dated January 8, 2020. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Metcalf, Elizabeth)
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Filing 343
MEMO ENDORSEMENT on re: #334 Letter, filed by Wockhardt USA LLC, Amneal Pharmaceuticals, LLC, Wockhardt Limited, Sun Pharmaceutical Industries Ltd., Upsher-Smith Laboratories, Inc. ENDORSEMENT: You are correct. (Signed by Judge Colleen McMahon on 1/6/2020) (mml)
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Filing 342
ANSWER to #326 Amended Complaint,,,. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc..(Berman, Jonathan)
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Filing 341
ORDER granting #296 Letter Motion for Discovery. Defendants' letter motion to compel Plaintiff to revise its responses to the requests for admission identified in Dkt. 296 is granted for substantially the reasons set forth in Dkt. 296 and 299. The deadline for issuing RFAs is just that - a deadline; it does not limit issuing RFAs at an earlier time. The RFAs also are not duplicative of earlier discovery in direct purchaser litigation, nor could they be as Plaintiff is not a party to that case. The Court has considered all other opposing arguments by Plaintiff and finds them without merit. Plaintiff shall serve revised responses to the RFAs at issue by January 28, 2020. (Signed by Magistrate Judge Robert W. Lehrburger on 1/1/2020) (mml) Modified on 1/3/2020 (mml).
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Filing 340
ANSWER to #326 Amended Complaint,,, with JURY DEMAND. Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH.(McDevitt, Heather)
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Filing 339
ANSWER to #326 Amended Complaint,,, with JURY DEMAND. Document filed by Actavis, plc, Forest Laboratories, LLC.(Toto, Martin)
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Filing 338
ANSWER to #326 Amended Complaint,,,. Document filed by Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc..(Holding, Christopher)
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Filing 337
ANSWER to #326 Amended Complaint,,,. Document filed by Cobalt Laboratories, Inc..(Holding, Christopher)
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Filing 336
ANSWER to #326 Amended Complaint,,,. Document filed by Barr Pharmaceuticals, Inc..(Holding, Christopher)
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Filing 335
LETTER addressed to Magistrate Judge Robert W. Lehrburger from White & Case LLP dated December 27, 2019 re: seeking guidance regarding the court's December 16, 2019 order. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH.(Toto, Martin)
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Filing 334
LETTER addressed to Judge Colleen McMahon from Devora W. Allon dated December 27, 2019 re: the Second Amended Complaint that was filed by Plaintiff. Document filed by Amneal Pharmaceuticals, LLC, Sun Pharmaceutical Industries Ltd., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC.(Allon, Devora)
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Filing 333
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated December 23, 2019 re: the Courts Order dated December 16, 2019. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Metcalf, Elizabeth)
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Filing 332
MEMO ENDORSEMENT on re: (323 in 1:15-cv-06549-CM-RWL, 53 in 1:19-cv-10184-CM) Letter, filed by MSPA Claims I, LLC, MSP Recovery Claims, Series LLC. ENDORSEMENT: You are correct. One consolidated action, one revised order. (Signed by Judge Colleen McMahon on 12/17/2019) (mml)
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Filing 331
NOTICE OF APPEARANCE by Lloyd Edward Constantine on behalf of Sergeants Benevolent Association Health & Welfare Fund. Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM(Constantine, Lloyd)
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Filing 330
ORDER granting #324 Motion to Amend/Correct. NOW, THEREFORE, IT IS HEREBY ORDERED THAT: Plaintiffs MSP Recovery Claims, Series LLC and MSP A Claims 1, LLC are deemed party to, and bound by, the Protective Order governing this litigation. IT IS SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/18/2019) (mml)
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Filing 329
MEMO ENDORSED ORDER granting #327 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Matthew L. Cantor terminated. (Signed by Magistrate Judge Robert W. Lehrburger on 12/18/2019) (mml)
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Filing 328
DECLARATION of Matthew L. Cantor in Support re: (327 in 1:15-cv-06549-CM-RWL, 55 in 1:19-cv-10184-CM) MOTION for Matthew L. Cantor to Withdraw as Attorney .. Document filed by Sergeants Benevolent Association Health & Welfare Fund. Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM(Cantor, Matthew)
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Filing 327
MOTION for Matthew L. Cantor to Withdraw as Attorney . Document filed by Sergeants Benevolent Association Health & Welfare Fund.Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM(Cantor, Matthew)
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Filing 326
SECOND AMENDED COMPLAINT amending #96 Amended Complaint,, against Actavis, plc, Amneal Pharmaceuticals, LLC, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA, Sun India Pharmaceuticals Industries, Ltd., Sun Pharmaceutical Industries Ltd., Sun Pharmaceuticals Industries, Ltd., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals Industries, Ltd., Teva Pharmaceuticals USA, Inc., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC with JURY DEMAND.Document filed by Sergeants Benevolent Association Health & Welfare Fund. Related document: #96 Amended Complaint,,.(Metcalf, Elizabeth)
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Filing 325
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/6/2019 before Judge Colleen McMahon. 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 1/7/2020. Redacted Transcript Deadline set for 1/17/2020. Release of Transcript Restriction set for 3/16/2020.(McGuirk, Kelly)
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Filing 324
MOTION to Amend/Correct (143 in 1:15-cv-06549-CM-RWL) Protective Order . Document filed by MSP Recovery Claims, Series LLC, MSPA Claims I, LLC. (Attachments: #1 Proposed Order)Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM(Higgins, Anna)
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Filing 323
LETTER addressed to Judge Colleen McMahon from Christopher L. Coffin dated December 17, 2019 re: Civil Case Management Plan. Document filed by MSP Recovery Claims, Series LLC, MSPA Claims I, LLC.Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM(Coffin, Christopher)
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Filing 322
ORDER terminating #316 Letter Motion to Compel. This Order addresses the parties' disagreement about the extent to which Plaintiff may pursue additional depositions. (See Dkt. 316, 320, 321.) As noted by Defendants, the stipulation and order regarding use of evidence from other actions bars deposition examination of either previously-deposed or new witnesses about topics for which there has been prior testimony in either the NYAG Action or OPP Action. (Dkt. 206 at No. 3.) That said, the stipulation and order is not as restrictive as Defendants make it out to be. Accordingly: 1. Plaintiff must identify with greater particularity the deposition topics it intends to pursue for each proposed deponent and in a way that explains why the testimony sought is non-duplicative. 2. The Court finds sufficient Plaintiff's explanation for deposing witnesses Burchard and Solomon provided in Dkt. 321. This disclosure also shows that Plaintiff can provide adequate description to Defendants without the need for in camera review at this juncture. 3. By December 23, 2019, Plaintiff shall provide Defendants with an updated disclosure. To the extent Defendants continue to object, they shall provide a written response to Plaintiff by December 30, 2019. By January 7, 2020, the parties shall then meet and confer in person. If any disputes remain, then by January 10, 2020, Plaintiff shall apprise the Court by letter. Defendants may respond by letter no later than January 14, 2020, as further set forth in this Order. (Signed by Magistrate Judge Robert W. Lehrburger on 12/16/2019) (mml)
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Filing 321
LETTER REPLY to Response to Motion addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated December 13, 2019 re: #316 LETTER MOTION to Compel Forest and Merz witnesses to appear addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated December 11, 2019. . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Metcalf, Elizabeth)
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Filing 320
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated December 13, 2019 re: #316 LETTER MOTION to Compel Forest and Merz witnesses to appear addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated December 11, 2019. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Toto, Martin)
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Filing 319
FIRST AMENDED COMPLAINT amending #96 Amended Complaint,, against Actavis, plc, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc. with JURY DEMAND.Document filed by MSP Recovery Claims, Series LLC, MSPA Claims I, LLC. Related document: #96 Amended Complaint,,. (Attachments: #1 Exhibit A SummaCare Assignment, #2 Exhibit B IMC Assignment, #3 Exhibit C 1-1, #4 Exhibit C 1-2, #5 Exhibit C 2-1, #6 Exhibit C 2-2, #7 Exhibit C 3-1, #8 Exhibit C 3-2, #9 Exhibit C 4-1, #10 Exhibit C 4-2, #11 Exhibit C 5-1, #12 Exhibit C 5-2, #13 Exhibit C 6-1, #14 Exhibit C 6-2, #15 Exhibit C 7-1, #16 Exhibit C 7-2, #17 Exhibit C 8-1, #18 Exhibit C 8-2, #19 Exhibit C 9-1, #20 Exhibit C 9-2, #21 Exhibit C 10-1, #22 Exhibit C 10-2, #23 Exhibit C 11-1, #24 Exhibit C 11-2, #25 Exhibit C 12-1, #26 Exhibit C 12-2, #27 Exhibit C 13-1, #28 Exhibit C 13-2, #29 Exhibit C 14-1, #30 Exhibit C 14-2, #31 Exhibit C 15-1, #32 Exhibit C 15-2, #33 Exhibit C 16-1, #34 Exhibit C 16-2, #35 Exhibit C 17-1, #36 Exhibit C 17-2, #37 Exhibit C 18)(Higgins, Anna)
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Filing 318
ORDER DENYING PLAINTIFF'S LETTER MOTION FOR LEAVE TO AMEND denying #312 Letter Motion for Leave to File Document. SBF's motion is denied as untimely under this Court's prior orders. To the extent SBF is required to amend its pleadings in order to conform with the proof, it may do so when the parties make their motions for summary judgment, or at trial. See, e.g., Cloman v. Jackson, 988 F.3d 1314, 1323 (2d. Cir. 1993) (citing. FED. R. CIV. P. 15(b)(1)). (Signed by Judge Colleen McMahon on 12/12/2019) (mml)
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Filing 317
ORDER: By noon on December 13, 2019, Defendants shall file a response to Plaintiff's December 11, 2019 letter concerning depositions. (Signed by Magistrate Judge Robert W. Lehrburger on 12/12/2019) (Lehrburger, Robert)
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Filing 316
LETTER MOTION to Compel Forest and Merz witnesses to appear addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated December 11, 2019. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A)(Metcalf, Elizabeth)
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Filing 315
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent MSP Recovery Services, LLC for MSPA Claims I, LLC. Document filed by MSP Recovery Claims, Series LLC, MSPA Claims I, LLC, Sergeants Benevolent Association Health & Welfare Fund.Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM(Higgins, Anna)
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Filing 314
REVISED MASTER ORDER: IT IS HEREBY ORDERED: 1. The stipulated scheduling order that was entered in the SBF Action on August 1, 2019 (Dkt. Nos. 275,276) is hereby vacated and is of no force and effect. 2. The MSP Plaintiffs may file an Amended Complaint consistent the additional discovery allegations contained in their December 9 letter by no later than December 13, 2019. 3. The two actions are hereby consolidated under case number 15 Civ. 6549, bearing the caption:IN RE NAMENDA INDIRECT PURCHASER ANTITRUST LITIGATION 4. The parties shall stamp all subsequent filings with the legend: [All actions/ SBF Action I MSP Action] 5. The trial date in the consolidated action is January 6, 2021. 6. The magistrate in the consolidated action is the Honorable Robert W. Lehrburger. 8. The deadline for all discovery in the consolidated action is April 30, 2020. This includes expert discovery. The parties are free to set their own deadlines within that period, but the April 30 date will NOT be extended. Please understand that you are now on a "rocket docket" expedited, multi-track discovery schedule. Any new discovery requests must be made by January 17, 2020, and any objections to those requests must be filed by January 24, 2020, so that Magistrate Judge Lehrburger can rule on them while there remains time for the discovery to be completed. Expert depositions will have to be taken in March and April, so expert reports must be served by March 1, 2020. Within that time frame, set your own schedule for what must be done - which should be limited, in light of the discovery taken in the Namenda Direct Purchaser Case. Motions for summary judgment must be filed by May 15, 2020. Opposition to those motions is due on May 29, 2020. Reply papers are due June 5, 2020. These dates will not be extended FOR ANY REASON. In limine motions must be made by October 2, 2020. Responses to in limine motions are due October 16, 2020. The court does not accept replies on in limine motions; if you file a reply it will not be read. Separate in limine motions must be made for each request for relief. You are limited to a six page double spaced 12 point type brief with no footnotes whatever. The Court will set a final pre-trial conference date later in the year. At that conference, the court will rule on any and all objections to exhibits, as well as set the final witness list. The Court will provide the parties with time limits for the presentation of their cases before October 2, 2020; they will not exceed seven trial days per side and may be shorter. The Court will hold an interim conference in this case on June 19, 2020 at 10:00 a.m. I emphasize that the trial date and all interim deadlines in this order are for real. They will not be extended for any reason. IT IS SO ORDERED. Amended Pleadings due by 12/13/2019. Motions due by 10/2/2020. Responses due by 10/16/2020 Replies due by 6/5/2020. Expert Discovery due by 4/30/2020. Discovery due by 4/30/2020. Status Conference set for 6/19/2020 at 10:00 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 12/10/2019) Filed In Associated Cases: 1:15-cv-06549-CM-RWL, 1:19-cv-10184-CM BY ECF TO ALL PARTIES. (kv)
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Filing 313
LETTER RESPONSE in Opposition to Motion addressed to Judge Colleen McMahon from Martin M. Toto dated December 10, 2019 re: #312 LETTER MOTION for Leave to File SAC with edits to paragraphs 135 and 136 addressed to Judge Colleen McMahon from Peter Safirstein dated December 9, 2019. . Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit A)(Toto, Martin)
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Filing 312
LETTER MOTION for Leave to File SAC with edits to paragraphs 135 and 136 addressed to Judge Colleen McMahon from Peter Safirstein dated December 9, 2019. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Metcalf, Elizabeth)
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Filing 311
MASTER ORDER: IT IS HEREBY ORDERED: 1. The stipulated scheduling order that was entered in the SBF Action on August 1, 2019 (Dkt. Nos. 275, 276) is hereby vacated and is of no force and effect. 2. The trial date in the SBF Action is January 6, 2021. 3. The deadline for all discovery in the SBF Action is April 30, 2020. This includes expert discovery. The parties are free to set their own deadlines within that period, but the April 30 date will NOT be extended. Please understand that you are now on a "rocket docket" expedited, multi-track discovery schedule. Any new discovery requests must be made by January 17, 2020, and any objections to those requests must be filed by January 24, 2020, so that Magistrate Judge Lehrburger can rule on them while there remains time for the discovery to be completed. Expert depositions will have to be taken in March and April, so expert reports must be served by March 1, 2020. Within that time frame, set your own schedule for what must be done - which should be limited, in light of the discovery taken in the Namenda Direct Purchaser Case. 4. Motions for summary judgment must be filed by May 15, 2020. Opposition to those motions is due on May 29, 2020. Reply papers are due June 5, 2020. These dates will not be extended FOR ANY REASON. 6. The Joint Pre-Trial Order, conforming to this Court's rules, will be due 30 calendar days after the issuance of decisions on motions for summary judgment. 7. In limine motions must be made by October 2, 2020. Responses to in limine motions are due October 16, 2020. The court does not accept replies on in limine motions; if you file a reply it will not be read. Separate in limine motions must be made for each request for relief. You are limited to a six page double spaced 12 point type brief with no footnotes whatever. 9. The Court will hold an interim conference in this case on June 19, 2020 at 10:00 a.m. 10. I emphasize that the trial date and all interim deadlines in this order are for real. They will not be extended for any reason, as further set forth in this Order. IT IS SO ORDERED. Motions due by 10/2/2020. Responses due by 10/16/2020 Expert Discovery due by 4/30/2020. Discovery due by 4/30/2020. Status Conference set for 6/19/2020 at 10:00 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 12/9/2019) (mml)
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Set/Reset Hearings: Status Conference set for 6/19/2020 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (mde)
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Minute Entry for proceedings held before Judge Colleen McMahon: Pretrial Conference held on 12/6/2019. Decision: Conference held. Scheduling order to follow, including dates for parties to file summary judgment motions, and setting next status conference for June 19, 2020 at 10 a.m. Submitted by: Alex Zuckerman. (Court Reporter Karen Gorlaski). (mde)
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Filing 310
MEMO ENDORSEMENT on re: #275 Stipulation and Order. ENDORSEMENT: This Order vacated on 12/6/2019. (Signed by Judge Colleen McMahon on 12/6/2019) (mml)
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Filing 309
JOINT LETTER MOTION for Conference Set for December 6 addressed to Judge Colleen McMahon from Jonathan Berman dated December 4 2019. Document filed by Dr. Reddy's Laboratories, Inc.. Return Date set for 12/6/2019 at 11:00 AM.(Berman, Jonathan)
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Filing 308
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED CLASS ACTION COMPLAINT AND DENYING PLAINTIFF'S LETTER MOTION FOR LEAVE TO FURTHER AMEND ITS PROPOSED AMENDED PLEADING granting in part and denying in part #290 Motion for Leave to File Document. Plaintiff is thus directed to submit a final Second Amended Complaint reflecting the above rulings: Amending Count One to state a claim for monopolization against Merz; Omitting PSAC paragraph 200(a), (b); Amending Count Two to include allegations related to the hard switch; Omitting PSAC paragraph 212(m) consistent with New Hampshire law; and Amending the class definition as set forth in PSAC paragraph 150. This shall constitute the written opinion of the Court. The clerk is directed to close Docket Numbers 290 and 300. (Signed by Judge Colleen McMahon on 12/2/2019) (mml)
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Filing 307
NOTICE OF APPEARANCE by Ethan Edward Litwin on behalf of Sergeants Benevolent Association Health & Welfare Fund. (Litwin, Ethan)
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Filing 306
NOTICE OF APPEARANCE by Ankur Kapoor on behalf of Sergeants Benevolent Association Health & Welfare Fund. (Kapoor, Ankur)
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Filing 305
NOTICE OF APPEARANCE by Matthew L. Cantor on behalf of Sergeants Benevolent Association Health & Welfare Fund. (Cantor, Matthew)
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Filing 304
NOTICE OF APPEARANCE by David Reap on behalf of Wockhardt Limited, Wockhardt USA LLC. (Reap, David)
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Filing 303
MEMORANDUM OF LAW in Opposition re: #290 MOTION for Leave to File Second Amended Complaint . and Joinder to Merz's Memorandum in Opposition #302 . Document filed by Actavis, plc, Forest Laboratories, LLC. (Toto, Martin)
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Filing 302
MEMORANDUM OF LAW in Opposition re: #290 MOTION for Leave to File Second Amended Complaint . . Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (McDevitt, Heather)
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Filing 301
JOINT MEMORANDUM OF LAW in Opposition re: #290 MOTION for Leave to File Second Amended Complaint . . Document filed by Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc.. (Stephens, Eric)
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Filing 300
LETTER addressed to Judge Colleen McMahon from Peter Safirstein dated 11/18/2019 re: in response to Defendants letters (ECF Nos. 293, 294, 295). Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit Second Further Amended Complaint)(Metcalf, Elizabeth)
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Filing 299
LETTER REPLY to Response to Motion addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated November 14, 2019 re: #296 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated November 5, 2019. . Document filed by Actavis, plc, Forest Laboratories, LLC. (Toto, Martin)
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Filing 298
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Lori Fanning dated November 13, 2019 re: #296 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated November 5, 2019. . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Fanning, Lori)
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Filing 297
ORDER: The Court has not received any response to Forest's letter dated Nov. 5, 2019 regarding responses to requests for admission (Dkt. 296). To the extent Plaintiff wishes to respond, it shall do so no later than November 13, 2019. (Signed by Magistrate Judge Robert W. Lehrburger on 11/12/2019) (Lehrburger, Robert)
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Filing 296
LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated November 5, 2019. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Toto, Martin)
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Filing 295
LETTER addressed to Judge Colleen McMahon from Martin M. Toto dated November 5, 2019 re: October 28, 2019 Order #291 . Document filed by Actavis, plc, Forest Laboratories, LLC.(Toto, Martin)
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Filing 294
LETTER addressed to Judge Colleen McMahon from Heather K. McDevitt dated November 4, 2019 re: October 28, 2019 Order ECF #291 . Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA.(McDevitt, Heather)
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Filing 293
MEMORANDUM OF LAW in Support re: #292 JOINT MOTION for Reconsideration re; #291 Scheduling Order,,,, . . Document filed by Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc.. (Stephens, Eric)
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Filing 292
JOINT MOTION for Reconsideration re; #291 Scheduling Order,,,, . Document filed by Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc..(Stephens, Eric)
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Filing 291
ORDER: This Court hereby sets a status conference in this matter for December 6, 2019, at 11:00 a.m., at which it shall rule on the Motion, decide whether they should be any additional discovery (to be completed in a period not exceeding 90 days), set a date for the filing of a final pretrial order, a final pretrial conference, and the trial of the action. The court will not entertain summary judgment motions as they would be a wasted of time given the denial of motions for summary judgment in the Direct Purchaser case. Defendants' opposition to the Motion shall be submitted on November 22 as scheduled. The Court does not need a reply, but, if one is to be submitted, it must arrive in chambers no later than December 3, 2019. Judge Lehrburger's order is modified accordingly. SO ORDERED. Responses due by 11/22/2019 Replies due by 12/3/2019. Status Conference set for 12/6/2019 at 11:00 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 10/28/2019) BY ECF TO ALL PARTIES. BY EMAIL TO JUDGE LEHRBURGER. (mml)
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Filing 290
MOTION for Leave to File Second Amended Complaint . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1 Compared Complaints, #2 Exhibit 2 Second Amended Complaint)(Metcalf, Elizabeth)
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Filing 289
ORDER: As jointly requested by the parties, briefing of Plaintiff's motion to amend the complaint shall be as follows: (1) Plaintiff shall file its motion by October 25, 2019; (2) Defendants shall file their opposition by November 22, 2019; (3) Plaintiffs shall file their reply by December 6, 2019. Additionally, the parties shall narrow their issues solely to those that are genuinely in dispute. (Signed by Magistrate Judge Robert W. Lehrburger on 10/17/2019) (Lehrburger, Robert)
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Filing 288
JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated 10/16/2019 re: Briefing Schedule for Plaintiff's Motion for Leave to Amend. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Metcalf, Elizabeth)
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Filing 287
ORDER denying #285 Letter Motion for Discovery: Plaintiff's application regarding depositions of Defendant deponents and third-party deponents (Dkt. 285) is denied without prejudice as premature. Plaintiff must propose to Defendants the topics on which Plaintiff seeks to question each witness in furtherance of Plaintiff's burden to demonstrate that the testimony sought is non-duplicative of testimony in the NYAG Action and DPP Action. The parties then shall meet and confer before bringing any dispute to the Court. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Farkas, Brian)
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Filing 286
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Heather K. McDevitt dated October 10, 2019 re: #285 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated Oct. 7, 2019. . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 Exhibit A)(McDevitt, Heather)
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Filing 285
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated Oct. 7, 2019. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Metcalf, Elizabeth) Modified on 1/8/2020 (db).
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Filing 284
ORDER PRELIMINARILY APPROVING END-PAYOR PLAINTIFF'S SETTLEMENT WITH WOCKHARDT LIMITED, AND WOCKHARDT USA LLC, AND SETTLEMENT WITH AMNEAL PHARMACEUTICALS, LLC, UPSHER-SMITH LABORATORIES, LLC, and SUN PHARMACEUTICAL INDUSTRIES, LTD. granting #277 Motion for Settlement. 9. The terms of the Wockhardt Settlement dated June 10, 2019, and the Amneal-Upsher-Smith-Sun Settlement dated June 25, 2019 are hereby preliminarily approved. This Order incorporates the Wockhardt Settlement and the Amneal-Upsher-Smith-Sun Settlements, and terms used in this Order that are defined in those Settlements have the same meanings. The Settlements were entered into after arm's-length negotiations by experienced counsel on behalf of the EPP Class. The Court preliminarily finds that the Wockhardt Settlement and the Amneal-Upsher-Smith-Sun Settlement are fair, reasonable and adequate, and in the best interests of the FPP Class, pursuant to Rule 23 of the Federal Rules of Civil Procedure, and warrants preliminary approval. 10. Bank Leumi USA is hereby approved as Escrow Agent pursuant to the Wockhardt Settlement and the Amneal-Upsher-Smith-Sun Settlement. 11. Pending further Order of the Court, all litigation activity against the Wockhardt Defendants and the Amneal-Upsher-Smith-Sun Defendants on behalf of EPP Class is hereby stayed, other than as provided for in the Settlement Agreement, and all hearings, deadlines, and other proceedings related to EPPs' claims against those Defendants, other than those incident to the settlement process, are hereby taken off calendar. The stay shall remain in effect until further order of this Court. 12. In the event that either the Wockhardt Settlement or the Amneal-Upsher-Smith-Sun Settlement fails to become effective in accordance with its terms, or if an Order granting final approval to the either Settlement and dismissing EPP's claims against those Defendants with prejudice is not entered or is reversed, vacated, or materially modified on appeal, this Order shall be null and void. 13. In the event that either the Wockhardt Settlement or the Amneal-Upsher-Smith-Sun Settlement is terminated, not approved by the Court, or the respective Settlement does not become final pursuant to the terms of the respective Settlement, litigation against those Defendants shall resume in a reasonable manner as approved by the Court. 14. Nothing herein shall be deemed an admission by the Wockhardt Defendants or the Amneal-Upsher-Smith-Sun Defendants of any wrongdoing or any unlawful conduct, and nothing herein shall be deemed to constitute a waiver by the Wockhardt Defendants or the Amneal-Upsher-Smith-Sun Defendants of any right to contest, should the litigation resume against the Wockhardt Defendants or the Amneal-Upsher-Smith-Sun Defendants. 15. The Court retains exclusive jurisdiction to consider all further matters arising out of or connected with the Settlement Agreement, as further set forth in this Order. (Signed by Judge Colleen McMahon on 9/10/2019) (mml)
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Minute Entry for proceedings held before Judge Colleen McMahon: Pretrial Conference held on 9/6/2019. Decision: Conference held.Submitted by: Eric Silverberg. (mde)
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Filing 283
STATUS REPORT. Joint Status Report Regarding Plaintiff's Motion for Preliminary Approval of the Settlements with Defendants Defendants Wockhardt Limited, Wockhardt USA LLC, Amneal Pharmaceuticals LLC, Sun Pharmaceutical Industries Ltd., and Upsher- Smith Laboratories, LLC Document filed by Amneal Pharmaceuticals, LLC, Sun Pharmaceutical Industries Ltd., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC.(Allon, Devora)
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Filing 282
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CASE MANAGEMENT CONFERENCE proceeding held on 7/31/2019 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.(aea)
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Filing 281
TRANSCRIPT of Proceedings re: CASE MANAGEMENT CONFERENCE held on 7/31/2019 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Mary Greco, (518) 581-8973. 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 9/20/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/29/2019.(aea)
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Filing 280
ORDER SCHEDULING STATUS CONFERENCE: Accordingly, SBA and the Settling Defendants are hereby instructed to appear for a status conference on Friday, September 6, 2019 in courtroom 24A, 500 Pearl Street, New York, New York 10007 at 11 :45 a.m. EST. The parties may each submit one four-page, double-spaced letter in advance of the status conference. The parties must submit their four-page letters by Wednesday, September 4, 2019 at 5:00 p.m. EST. (Status Conference set for 9/6/2019 at 11:45 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 8/20/2019) (rro)
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Filing 279
DECLARATION of Marvin A. Miller and Peter Safirstein in Support re: #277 MOTION for Settlement End-Payor Class Plaintiff's Motion for Certification of Settlement Class, Appointment of Class Representative and Class Counsel, Preliminary Approval of Proposed Settlement, Deferring Notice and Stay of Proceedings.. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Miller, Marvin)
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Filing 278
MEMORANDUM OF LAW in Support re: #277 MOTION for Settlement End-Payor Class Plaintiff's Motion for Certification of Settlement Class, Appointment of Class Representative and Class Counsel, Preliminary Approval of Proposed Settlement, Deferring Notice and Stay of Proceedings. . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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Filing 277
MOTION for Settlement End-Payor Class Plaintiff's Motion for Certification of Settlement Class, Appointment of Class Representative and Class Counsel, Preliminary Approval of Proposed Settlement, Deferring Notice and Stay of Proceedings. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Text of Proposed Order)(Miller, Marvin)
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Filing 276
Vacated as per Judges Order dated 12/10/2019, Doc. #314 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Deposition due by 5/22/2020. Fact Discovery due by 5/22/2020. Expert Discovery due by 10/9/2020. Status Conference set for 7/31/2019 at 03:15 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. All parties do not consent to a trial before a Magistrate Judge at this time. The case is to be tried to a jury. (Signed by Magistrate Judge Robert W. Lehrburger on 8/1/2019) (mml) Modified on 12/10/2019 (kv).
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Filing 275
Vacated as per Judge's Order dated 12/6/2019, Doc. # 310 STIPULATED CASE MANAGEMENT ORDER: The Court hereby ORDERS the following timing and sequencing of events: Expert Discovery due by 10/9/2020. Fact Discovery due by 5/22/2020. Motions due by 1/19/2020. Responses due by 8/14/2020. Replies due by 9/11/2020. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/1/2019) (mml) Modified on 12/6/2019 (mml).
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Filing 274
ORDER re: #273 Letter, filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Actavis, plc, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA, Forest Laboratories, LLC. The Court ORDERS: 1. The parties' request to stay the case pending the outcome of trial in the direct purchaser action is denied. Discovery shall proceed. 2. By August 30, 2019, Plaintiffs shall provide Defendants with a proposed amended complaint. The parties will meet and confer to resolve any issues associated with the proposed amended complaint, and raise any disputes with the Court by letter motion. 3. Defendants may proceed with two additional depositions of Plaintiffs' employees. 4. Expert depositions shall not be limited to four hours. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/1/2019) Copies transmitted to all counsel of record. (kv)
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Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Case Management Conference held on 7/31/2019 at 3:15 p.m. (rsh)
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Filing 273
JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Heather K. McDevitt dated July 24, 2019 re: Case Management Conference and Scheduling 272 . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA. (Attachments: #1 Exhibit A, #2 Exhibit B)(McDevitt, Heather)
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Filing 272
SCHEDULING ORDER: Case Management Conference set for 7/31/2019 at 3:15 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at http://nysd.uscourts.gov/judge/Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 6/28/2019) (rsh)
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Filing 271
ORDER: The Court is in receipt of the parties' status report. The Court's Deputy will reach out to the remaining parties to schedule a case management conference. The parties shall meet and confer regarding remaining discovery and scheduling and shall file a joint proposed schedule at least three business days prior to the conference. (Signed by Magistrate Judge Robert W. Lehrburger on 06/27/2019) (Lehrburger, Robert)
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Filing 270
STATUS REPORT. JOINT STATUS REPORT Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Fanning, Lori)
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Filing 269
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 6/4/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 268
TRANSCRIPT of Proceedings re: conference held on 6/4/2019 before Judge Colleen McMahon. Court Reporter/Transcriber: Martha Martin, (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 7/2/2019. Redacted Transcript Deadline set for 7/12/2019. Release of Transcript Restriction set for 9/9/2019.(McGuirk, Kelly)
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Filing 267
ORDER GRANTING SERGEANTS BENEVOLENT ASSOCIATION HEALTH AND WELFARE FUND'S MOTION FOR APPOINTMENT OF MILLER LAW LLC AND SAFIRSTEIN METCALF LLP AS INTERIM CO-LEAD COUNSEL PURSUANT TO FED. R. CIV. P. 23(g) granting #257 Motion to Appoint Counsel. NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. Pursuant to Fed. R. Civ. P. 23(g), the Court appoints the following as interim co-lead counsel for the proposed class of indirect purchasers ("EPP" or "IPP"): Marvin A. Miller, Lori A. Fanning, MILLER LAW LLC, 115 South LaSalle Street, Suite 2910, Chicago, IL 60603, Telephone: (312) 332-3400, MMiller@millerlawllc.com, LFanning@millerlawllc.com. Peter Safirstein, Elizabeth Metcalf, SAFIRSTEIN METCALF LLP, The Empire State Building, 350 Fifth Avenue, Suite 5960 New York, NY 10118, Telephone: (212) 201-2845, PSafirstein@SafirsteinMetcalf.com, EMetcalf@Safirsteinmetcalf.com. 2. Interim co-lead counsel shall have sole authority over the following matters on behalf of the proposed indirect purchaser class in the indirect purchaser class action, as further set forth in this Order. (Signed by Judge Colleen McMahon on 6/4/2019) (mml)
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Minute Entry for proceedings held before Judge Colleen McMahon and Magistrate Judge Lehrburger: Status Conference held on 6/4/2019. Decision: Status conference with attorneys held. Trial in the direct purchaser action (15-cv-7488) is rescheduled to begin October 28, 2019. Motion for leave to supplement the expert reports of the Hon. Roderick McKelvie and Dr. Lona Fowdur (15-cv-7488, Dkt. No. 694) is DENIED. Further, the parties in the direct purchaser case (15-cv-7488) may not use, introduce, or allude to the Dr. Reddys document in the direct purchaser trial. Motion to bifurcate trial into two phases (15-cv-7488, Dkt. No. 691) is GRANTED IN PART. In phase one, the parties will litigate pay-to-delay liability, causation and damages. In phase two, which will be shorter, the parties will litigate the remaining elements of hard-switch liability and damages. The Clerk of Court is respectfully directed to remove Dkt. Nos. 691 and 694 from the Courts list of open motions.Submitted by: Elizabeth Brody. (Court Reporter Martha Martin). (mde)
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Filing 266
LETTER addressed to Judge Colleen McMahon from Kyla Jackson dated May 29, 2019 re: the Court's May 17, 2019 letter. Document filed by Amneal Pharmaceuticals, LLC, Sun Pharmaceuticals Industries, Ltd., Upsher-Smith Laboratories, Inc..(Jackson, Kyla)
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Filing 265
LETTER addressed to Judge Colleen McMahon from Heather K. McDevitt dated May 29, 2019 re: the Court's May 17, 2019 letter #260 . Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(McDevitt, Heather)
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Filing 264
LETTER addressed to Judge Colleen McMahon from Damon W. Suden dated May 29, 2019 re: discovery of the generic manufacturers in the direct purchaser action. Document filed by Wockhardt Limited, Wockhardt USA LLC.(Suden, Damon)
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Filing 263
LETTER addressed to Judge Colleen McMahon from Sarah K. Frederick dated May 29, 2019 re: discovery of the generic manufacturers in the Direct Purchaser action. Document filed by Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Teva Pharmaceuticals USA, Inc..(Frederick, Sarah)
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Filing 262
LETTER addressed to Judge Colleen McMahon from Jonathan Berman dated May 29, 2019 re: Dr. Reddy's Deal Memo. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Berman, Jonathan)
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Filing 261
ORDER SCHEDULING A STATUS CONFERENCE: Accordingly, the parties are hereby instructed to appear for a status conference on June 4, 2019 in courtroom 24A, 500 Pearl Street, New York, New York I 0007 at 10:00 a.m. That e-mail also asked the Court to set a deadline for the submission of four-page letters discussed in the Court's endorsed letter. The parties must submit their four-page letters by May 29, 2019 at 5:00 p.m. Eastern. Status Conference set for 6/4/2019 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 5/21/2019) (mml)
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Filing 260
ENDORSED LETTER addressed to Counsel from Chief Judge Colleen McMahon re: I also need to find out (1) when any lawyer representing Forest first laid eyes on the Dr. Reddy's memo that occasioned its April 29 motion; (2) what actually did happen during discovery of the generics in the DPP case; (3) what challenges were mounted, if any, to the non-production of documents by the generics in the DPP case; and (4) whether privilege issues concerning these documents have been litigated before Judge Lehrburger in the IPP case. And I need to consider the arguments for and against the admissibility of the Dr. Reddy's memo in the DPP case. And then I need to decide whether fundamental fairness requires that we reopen discovery of some or all of the generics in the DPP case - not a result I am eager to reach. Unfortunately, this little grenade exploded just as I was preparing to leave on a much needed vacation. Which means the earliest I can meet with you all is June 4 - a date on which I hope you can arrange to be available - or during the week of June 10 (because I must attend the Second Circuit Judicial Conference on June 5-7). Elizabeth Brody, the law clerk on these matters, and Mariela de Jesus, my deputy clerk, will work with you and with Judge Lehrburger, whose presence is highly desirable, to arrange a conference. Prior thereto, you can feel free to send a short (no more than four single-spaced pages) letter addressing any of the topics I have raised in this memo. I will be "off the grid" for the next two weeks - this is not a working vacation - and so I will read whatever you have to say as soon as I return to the office, as further set forth in this order. (Signed by Judge Colleen McMahon on 5/17/2019) (mml)
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Filing 259
DECLARATION of Peter Safirstein in Support re: #257 MOTION to Appoint Counsel .. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B)(Metcalf, Elizabeth)
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Filing 258
MEMORANDUM OF LAW in Support re: #257 MOTION to Appoint Counsel . . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Metcalf, Elizabeth)
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Filing 257
MOTION to Appoint Counsel . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Text of Proposed Order)(Metcalf, Elizabeth)
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Filing 256
ORDER granting #255 : On April 10, 2019, Indirect Purchaser Plaintiff Sergeants Benevolent Association Health & Welfare Fund filed a letter application seeking a stay of discovery in light of a continuing mediation. No other parties have responded or opposed the application. Accordingly, it is ORDERED that discovery is stayed for 60 days or until the end of the mediation, whichever comes earlier. The parties shall file a joint status update on or before June 26, 2019. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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Filing 255
LETTER MOTION to Stay Discovery addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated 4/10/2019. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Miller, Marvin)
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Filing 254
MEMO ENDORSEMENT on re: #253 Letter filed by Sergeants Benevolent Association Health & Welfare Fund. ENDORSEMENT: OK (Signed by Judge Colleen McMahon on 3/14/2019) (ne)
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Filing 253
LETTER addressed to Judge Colleen McMahon from Peter Safirstein dated March 14, 2019 re: Mediation with Generic Defendants scheduled for April. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Metcalf, Elizabeth)
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Filing 252
JOINT LETTER addressed to Judge Colleen McMahon from Peter Safirstein and Martin Toto dated March 13, 2019 re: the mediation. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Metcalf, Elizabeth)
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Filing 251
ORDER GRANTING FOREST'S MOTION TO COMPEL COMPLIANCE WITH SUBPOENA ISSUED TO TRUE HEALTH BENEFITS, INC. granting #222 Letter Motion to Compel. It is hereby ORDERED that Forest's Motion to Compel Compliance with Subpoena Issued to True Health Benefits, Inc. is GRANTED. Non-Party True Health Benefits, Inc. is ORDERED to comply with the subpoena issued to it in this action by April 15, 2019. (Signed by Magistrate Judge Robert W. Lehrburger on 3/7/2019) Copies Sent By Chambers. (mml)
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Filing 250
ORDER granting #225 Motion to Amend/Correct. NOW, THEREFORE, IT IS HEREBY ORDERED THAT: The Direct Purchaser Class Plaintiffs are deemed party to, and bound by, the Protective Order governing this litigation. (Signed by Magistrate Judge Robert W. Lehrburger on 3/7/2019) (mml)
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Filing 249
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge Robert W. Lehrburger. Motions referred to Robert W. Lehrburger. (Signed by Judge Colleen McMahon on 3/7/2019) (anc).
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Filing 248
ORDER terminating #246 Letter Motion for Discovery. This order addresses Plaintiff SBA's motion to reconsider the Court's February 18, 2019 Order (Dkt. 243) denying SBA's motion to quash deposition notices of two SBA employees but deferring the depositions until after the parties' mediation. (Dkt. 246.) The Court has considered the motion, along with Defendant Forest's opposition, and prior proceedings and orders as follows: The February 18, 2019 Order shall be held in abeyance and discussed in the context of post-mediation discovery in the event mediation is unsuccessful. The parties shall (1) file a status report with the Court every 60 days (starting from the date of this Order), and (2) notify the Court of the case status within one week after completion of the mediation. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/6/2019) Copies Sent By Chambers. (mml)
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Filing 247
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated March 6, 2019 re: #246 LETTER MOTION for Discovery Motion for Reconsideration of Feb 18, 2019 Order (ECF No. 243) Regarding Depositions of SBA Employees addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated March 1, 2019. . Document filed by Actavis, plc, Forest Laboratories, LLC. (Toto, Martin)
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Filing 246
LETTER MOTION for Discovery Motion for Reconsideration of Feb 18, 2019 Order (ECF No. 243) Regarding Depositions of SBA Employees addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated March 1, 2019. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Metcalf, Elizabeth)
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Filing 245
DECLARATION of William Bave in Support re: #222 MOTION to Compel / Notice of Forest's Motion to Compel Compliance with Subpoena Issued to True Health Benefits, Inc... Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit 7)(Bave, William)
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Filing 244
REPLY MEMORANDUM OF LAW in Opposition re: #222 MOTION to Compel / Notice of Forest's Motion to Compel Compliance with Subpoena Issued to True Health Benefits, Inc.. . Document filed by Actavis, plc, Forest Laboratories, LLC. (Toto, Martin)
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Filing 243
ORDER: Plaintiff SBA seeks an order to quash notices for depositions of two SBA employees. The motion is denied; however, the depositions shall be deferred until after the upcoming mediation. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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Filing 242
MEMORANDUM OF LAW in Opposition re: #222 MOTION to Compel / Notice of Forest's Motion to Compel Compliance with Subpoena Issued to True Health Benefits, Inc.. . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Metcalf, Elizabeth)
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Filing 241
LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated February 14, 2019 re: #240 LETTER MOTION for Discovery Letter Motion to Quash Deposition Notices of SBA Employees addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated February 11, 2019. . Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit A- Emails discussing deposition scheduling, #2 Exhibit B- Email memorializing Jan. 7, 2019 meet and confer, #3 Exhibit C- SBA employee deposition notices, #4 Exhibit D- Email memorializing meet and confer, #5 Exhibit E- Emails regarding SBA deposition notices)(Toto, Martin)
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Filing 240
LETTER MOTION for Discovery Letter Motion to Quash Deposition Notices of SBA Employees addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated February 11, 2019. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Metcalf, Elizabeth)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Christopher T. Holding to Document No. #231 Amended Complaint, #230 Amended Complaint,. The filing is deficient for the following reason(s): the wrong event type was used to file the pleading. (pc)
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Filing 239
ANSWER to #96 Amended Complaint,, with JURY DEMAND. Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH.(Toto, Martin)
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Filing 238
ANSWER to #96 Amended Complaint,, with JURY DEMAND. Document filed by Actavis, plc, Forest Laboratories, LLC.(Toto, Martin)
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Filing 237
ANSWER to #96 Amended Complaint,, with JURY DEMAND. Document filed by Sun Pharmaceuticals Industries, Ltd..(Allon, Devora)
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Filing 236
ANSWER to #96 Amended Complaint,, with JURY DEMAND. Document filed by Upsher-Smith Laboratories, Inc..(Allon, Devora)
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Filing 235
ANSWER to #96 Amended Complaint,, with JURY DEMAND. Document filed by Cobalt Laboratories, Inc..(Holding, Christopher)
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Filing 234
ANSWER to #96 Amended Complaint,,. Document filed by Amneal Pharmaceuticals, LLC.(Allon, Devora)
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Filing 233
ANSWER to #96 Amended Complaint,, with JURY DEMAND. Document filed by Barr Pharmaceuticals, Inc..(Holding, Christopher)
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Filing 232
ANSWER to #96 Amended Complaint,, with JURY DEMAND. Document filed by Teva Pharmaceutical Industries Ltd.(Holding, Christopher)
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Filing 231
FILING ERROR - DEFICIENT PLEADING - WRONG EVENT TYPE SELECTED FROM MENU - FIRST AMENDED COMPLAINT amending #96 Amended Complaint,, against All Plaintiffs with JURY DEMAND.Document filed by Barr Pharmaceuticals, Inc., Teva Pharmaceutical Industries Ltd, Cobalt Laboratories, Inc., Teva Pharmaceuticals USA, Inc.. Related document: #96 Amended Complaint,,.(Holding, Christopher) Modified on 2/11/2019 (pc).
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Filing 230
FILING ERROR - DEFICIENT PLEADING - WRONG EVENT TYPE SELECTED FROM MENU - FIRST AMENDED COMPLAINT amending #96 Amended Complaint,, against All Plaintiffs with JURY DEMAND.Document filed by Barr Pharmaceuticals, Inc., Teva Pharmaceutical Industries Ltd, Cobalt Laboratories, Inc., Teva Pharmaceuticals USA, Inc.. Related document: #96 Amended Complaint,,.(Holding, Christopher) Modified on 2/11/2019 (pc).
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Filing 229
ANSWER to #96 Amended Complaint,, with JURY DEMAND. Document filed by Wockhardt Limited, Wockhardt USA LLC.(Suden, Damon)
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Filing 228
ANSWER to #96 Amended Complaint,, with JURY DEMAND. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc..(Berman, Jonathan)
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Filing 227
MEMO ENDORSEMENT denying #226 Motion to Set Aside. ENDORSEMENT: I agree with the learned Magistrate Judge - and in any event, his ruling on this discovery issue is not clearly erroneous. Objection DENIED. (Signed by Judge Colleen McMahon on 2/7/2019) (jwh) Modified on 7/22/2019 (jwh).
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Filing 226
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Set Aside #218 Order, END-PAYOR CLASS PLAINTIFFS RULE 72 OBJECTIONS TO JANUARY 23, 2019 RULING. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Metcalf, Elizabeth) Modified on 2/15/2019 (db).
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Filing 225
MOTION to Amend/Correct #143 Protective Order . Document filed by JM Smith Corporation. (Attachments: #1 Text of Proposed Order)(Litvin, Dan)
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Filing 224
DECLARATION of William Bave in Support re: #222 MOTION to Compel / Notice of Forest's Motion to Compel Compliance with Subpoena Issued to True Health Benefits, Inc... Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Bave, William)
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Filing 223
MEMORANDUM OF LAW in Support re: #222 MOTION to Compel / Notice of Forest's Motion to Compel Compliance with Subpoena Issued to True Health Benefits, Inc.. . Document filed by Actavis, plc, Forest Laboratories, LLC. (Toto, Martin)
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Filing 222
MOTION to Compel / Notice of Forest's Motion to Compel Compliance with Subpoena Issued to True Health Benefits, Inc.. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Toto, Martin)
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Filing 221
LETTER REPLY to Response to Motion addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated January 22, 2019 re: #220 LETTER MOTION for Discovery regarding production of rebate data and approved drug lists [Public Version] addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated January 15, 2019. [Public Version]. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit 5 [Public Version], #2 Exhibit 6 [Public Version])(Toto, Martin)
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Filing 220
LETTER MOTION for Discovery regarding production of rebate data and approved drug lists [Public Version] addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated January 15, 2019. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit 1 [Public Version], #2 Exhibit 2 [Public Version], #3 Exhibit 3 [Public Version], #4 Exhibit 4 [Public Version])(Toto, Martin)
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Filing 219
ORDER ON DISCOVERY OF THIRD PARTIES, REBATE DATA AND PRODUCT LISTS: This is an antitrust case involving Namenda, a drug treatment for Alzheimer's disease. This order addresses (1) Plaintiff's objections to Defendant Forest's plan for serving subpoenas on third parties, and (2) Forest's requests for disaggregated rebate information and approved drug product lists. Having considered the parties' submissions and relevant prior proceedings, the Court orders as follows: 1. Forest may proceed with third-party discovery to the extent of serving document subpoenas for eight of the third-parties Forest has targeted. No third-party depositions shall be taken prior to the scheduled mediation, as further set forth in this Order. (Signed by Magistrate Judge Robert W. Lehrburger on 1/23/2019) Copies Sent By Chambers. (mml)
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Filing 218
ORDER ON DISCOVERY OF "OTHER" ALZHEIMER'S TREATMENTS: The Data may well turn out to be of minor consequence. But it will be for the economic experts the parties plan to use to evaluate the impact, if any, of the Data on injury/damages and class certification. This is a "high stakes" case potentially involving damages of many millions of dollars where the parties have considerable resources. Moreover, despite ample opportunity to do so, Plaintiff has not claimed, let alone shown, that producing the Data imposes any burden or substantial cost, nor disputed Forest's characterization that the data is "readily available." Taking into account all relevant factors, see Fed. R. Civ. P. 26(b)(1), the Court finds that the Data should be produced, as further set forth in this Order. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/23/2019) Copies Sent By Chambers. (mml) Modified on 1/23/2019 (mml).
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Filing 217
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated January 23, 2019 re: In Further Response to Forest's letter motion (203/204) for discovery regarding production of rebate data and approved drug lists.. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Metcalf, Elizabeth)
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Filing 216
NOTICE of filing under seal of Forest's reply letter motion for discovery regarding production of rebate data and approved drug lists re: #204 Notice (Other). Document filed by Actavis, plc, Forest Laboratories, LLC. (Toto, Martin)
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Filing 215
SEALED DOCUMENT placed in vault.(rz)
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Filing 214
NOTICE OF APPEARANCE by Kevin Charles Adam on behalf of Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Adam, Kevin)
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Filing 213
NOTICE OF APPEARANCE by Kevin Charles Adam on behalf of Actavis, plc, Forest Laboratories, LLC. (Adam, Kevin)
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Filing 212
NOTICE OF APPEARANCE by William Harold Bave, III on behalf of Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Bave, William)
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Filing 211
NOTICE OF APPEARANCE by William Harold Bave, III on behalf of Actavis, plc, Forest Laboratories, LLC. (Bave, William)
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Filing 210
NOTICE OF APPEARANCE by Kristen O'Shaughnessy on behalf of Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (O'Shaughnessy, Kristen)
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Filing 209
NOTICE OF APPEARANCE by Heather McDevitt on behalf of Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (McDevitt, Heather)
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Filing 208
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated January 18, 2019 re: Response to Forest's letter motion (203/204) for discovery regarding production of rebate data and approved drug lists. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Metcalf, Elizabeth)
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Filing 207
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated January 18, 2019 re: Response to Indirect Purchaser Plaintiff Sergeants Benevolent Association Health & Welfare Fund's January 16, 2019 letter regarding third-party discovery. Document filed by Actavis, plc, Forest Laboratories, LLC.(Toto, Martin)
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Filing 206
STIPULATION AND ORDER REGARDING USE OF EVIDENCE FROM OTHER ACTIONS: THEREFORE, Actavis plc, and Forest Laboratories, LLC, Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA, and Merz Pharma GmbH & Co. KGaA ("Forest and Merz Defendants") and Sergeant's Benevolent Association Health & Welfare Fund hereby stipulate by and between the Parties through their respective counsel, as follows: 1) The following categories of evidence from The People of the State of New York v. Actavis, et al., Case No. 14-cv-7473 (S.D.N.Y.) (the "NYAG Action") and In re Namenda Direct Purchaser Antitrust Litigation, Case No. 15-CV-07488-CM (S.D.N.Y.) (the "DPP Action") are deemed to be, and shall be treated as if they were, submitted or taken in this case: All of Forest and Merz Defendants' written responses to interrogatories or requests for admission; and as further set forth herein. If the Parties are unable to resolve any dispute concerning whether such testimony is not duplicative of testimony already taken in the NYAG Action or the DPP Action, any party may seek resolution by the Magistrate Judge. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/18/2019) (anc)
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Filing 205
LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Lori A Fanning dated January 16, 2019 re: #171 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Lori Fanning dated December 12, 2018. Defendants' third party subpoenas. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Fanning, Lori)
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Filing 204
NOTICE of Filing Under Seal of Forest's letter motion for discovery regarding production of rebate data and approved drug lists. Document filed by Actavis, plc, Forest Laboratories, LLC. (Toto, Martin)
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Filing 203
SEALED DOCUMENT placed in vault.(rz)
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Filing 202
MEMO ENDORSED ORDER granting #198 Motion Clarification Pursuant to Fed. R. Civ. P. 60. ENDORSEMENT: You are correct, it does not! Sorry that slipped through - (motion granted. Clerk to remove #198 from list of open motions. (Signed by Judge Colleen McMahon on 1/14/2019) (mml)
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Filing 201
LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Lori A. Fanning dated January 14, 2019 re: #192 LETTER MOTION for Discovery in response to the Court's December 26, 2018 Order (ECF No.185) addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated January 7, 2019. . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Metcalf, Elizabeth)
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Filing 200
LETTER RESPONSE to Motion addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated January 14, 2019 re: #193 LETTER MOTION for Discovery in response to the Court's Dec. 26, 2018 Order (ECF No. 185) addressed to Magistrate Judge Robert W. Lehrburger from Lori A. Fanning dated January 7, 2019. . Document filed by Actavis, plc, Forest Laboratories, LLC. (Toto, Martin)
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Filing 199
MEMORANDUM OF LAW in Support re: #198 MOTION Clarification Pursuant to Fed. R. Civ. P. 60 . . Document filed by Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA. (Toto, Martin)
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Filing 198
MOTION Clarification Pursuant to Fed. R. Civ. P. 60 . Document filed by Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Merz Pharmaceuticals GmbH & Co. KGaA.(Toto, Martin)
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Filing 197
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated January 11, 2019 re: Your Honor's December 18, 2018 Order #177 . Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit A)(Toto, Martin)
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Filing 196
PROPOSED STIPULATION AND ORDER. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (McDevitt, Heather)
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Filing 195
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED STIPULATION AND ORDER. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (McDevitt, Heather) Modified on 1/10/2019 (lb).
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Filing 194
LETTER REPLY to Response to Motion addressed to Magistrate Judge Robert W. Lehrburger from Heather K. McDevitt dated December 21, 2018 re: #174 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Heather K. McDevitt dated December 12, 2018. and in response to Plaintiff's letter opposition re: #180 . Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit F)(McDevitt, Heather)
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Filing 193
LETTER MOTION for Discovery in response to the Court's Dec. 26, 2018 Order (ECF No. 185) addressed to Magistrate Judge Robert W. Lehrburger from Lori A. Fanning dated January 7, 2019. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Fanning, Lori)
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Filing 192
LETTER MOTION for Discovery in response to the Court's December 26, 2018 Order (ECF No.185) addressed to Magistrate Judge Robert W. Lehrburger from Martin M. Toto dated January 7, 2019. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Toto, Martin)
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Filing 191
JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Heather K. McDevitt dated January 7, 2019 re: Response to Court Order of December 18, 2018 (ECF No. 177). Document filed by Forest Laboratories, LLC.(McDevitt, Heather)
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Filing 190
ORDER granting #189 Letter Motion for Extension of Time to Answer. Everyone gets the same extension. Actavis, plc answer due 2/8/2019; Amneal Pharmaceuticals, LLC answer due 2/8/2019; Barr Pharmaceuticals, Inc. answer due 2/8/2019; Cobalt Laboratories, Inc. answer due 2/8/2019; Dr. Reddy's Laboratories Ltd. answer due 2/8/2019; Dr. Reddy's Laboratories, Inc. answer due 2/8/2019; Forest Laboratories, LLC answer due 2/8/2019; Merz GmbH & Co. KGaA. answer due 2/8/2019; Merz Pharma GmbH & Co. KGaA answer due 2/8/2019; Merz Pharmaceuticals GmbH answer due 2/8/2019; Merz Pharmaceuticals GmbH & Co. KGaA answer due 2/8/2019; Sun India Pharmaceuticals Industries, Ltd. answer due 2/8/2019; Sun Pharmaceutical Industries Ltd. answer due 2/8/2019; Teva Pharmaceutical Industries Ltd answer due 2/8/2019; Teva Pharmaceuticals Industries, Ltd. answer due 2/8/2019; Teva Pharmaceuticals USA, Inc. answer due 2/8/2019; Upsher-Smith Laboratories, Inc. answer due 2/8/2019; Wockhardt Limited answer due 2/8/2019; Wockhardt USA LLC answer due 2/8/2019. (Signed by Judge Colleen McMahon on 1/3/2019) (mml)
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Filing 189
LETTER MOTION for Extension of Time to File Answer to the operative complaint addressed to Judge Colleen McMahon from Martin M. Toto dated January 2, 2019. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH.(Toto, Martin)
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Filing 188
ORDER granting #187 Letter Motion for Extension of Time to Answer. OK. (Amneal Pharmaceuticals, LLC answer due 2/8/2019; Sun Pharmaceuticals Industries, Ltd. answer due 2/8/2019; Upsher-Smith Laboratories, Inc. answer due 2/8/2019) (Signed by Judge Colleen McMahon on 1/2/2019) (jca)
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Filing 187
LETTER MOTION for Extension of Time to File Answer to the operative complaint addressed to Judge Colleen McMahon from Devora W. Allon dated December 31, 2018. Document filed by Amneal Pharmaceuticals, LLC, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Sun Pharmaceutical Industries Ltd., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC.(Allon, Devora)
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Filing 186
ORDER granting in part and denying in part #133 Motion to Dismiss; terminating #150 Motion for Leave to File Document. In conclusion, the Court holds as follows: With respect to Count One for monopolization, the claims under the laws of Florida, Kansas, Massachusetts, and Utah are DISMISSED in their entirety. The claim under the law of Rhode Island is DISMISSED IN PART, to the extent that the IPP seeks to recover on the basis of injuries occurring before July 15, 2013. With respect to Count Two for conspiracy to monopolize, the claims under the laws of Illinois, Massachusetts, and Utah are DISMISSED in their entirety. The claim under the law of Rhode Island is DISMISSED IN PART, to the extent that the IPP seeks to recover on the basis of injuries occurring before July 15, 2013. With respect to Count Three for consumer protection and unfair and deceptive trade practices, the claims under the laws of Arizona, the District of Columbia, Hawaii, Kansas, Maine, Montana, New York, Rhode Island, Tennessee, Vermont, and West Virginia are DISMISSED in their entirety. With respect to Count Four, unjust enrichment, all claims are DISMISSED ONLY WITH RESPECT TO the Generic Defendants. For the remaining Defendants, Actavis, Forest, and Merz, the claims under the laws of Alaska, Colorado, Connecticut, Delaware, Idaho, Michigan, Montana, New Jersey, Oklahoma, South Carolina, Virginia, Washington, and Wyoming are DISMISSED in their entirety. The claim under the law of Rhode Island is DISMISSED IN PART, to the extent that the IPP seeks to recover on the basis of injuries occurring before July 15, 2013. The Clerk of Court is respectfully requested to remove Docket Number 133 from the Court's list of pending motions. Pursuant to this Court's memorandum endorsement at Docket Number 165, the Clerk of Court is also respectfully requested to remove Docket Number 150 from the Court's list of pending motions. (Signed by Chief Judge Colleen McMahon on 12/26/2018) (mml)
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Filing 185
ORDER terminating #174 Letter Motion for Discovery. On December 21, 2018, the Court held a teleconference to resolve various pending discovery issues. Based on discussions during the conference, the relevant filings, and prior proceedings, the Court ORDERS as follows: 1. Plaintiff shall produce transactional data with anonymized, unique patient identifiers for those individuals who purchased either Namenda IR, Namenda XR, or generic memantine from April 2010 through October 2018. 2. By January 7, 2019, the parties shall each submit a letter, no longer than five pages, addressing Forest's document requests seeking information regarding other Alzheimer's disease treatments. By January 14, 2019, the parties shall each submit a response, no longer than three pages. 3. The parties are ordered to meet and confer to address all remaining discovery disputes. 4. This Order resolves Dkt Nos. 174 and 180. (Signed by Magistrate Judge Robert W. Lehrburger on 12/21/2018) Copies Sent By Chambers. (mml)
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Filing 184
NOTICE of Filing Under Seal of Forest's letter in response to Plaintiff's letter opposition #180 and in further support of its letter motion to compel discovery #174 . Document filed by Actavis, plc, Forest Laboratories, LLC. (McDevitt, Heather)
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Filing 183
SEALED DOCUMENT placed in vault.(rz)
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Filing 182
SCHEDULING ORDER: Telephone Conference set for 12/21/2018 at 3:30 PM before Magistrate Judge Robert W. Lehrburger. Parties shall jointly call the chambers conference line at (212) 805-0113. (Signed by Magistrate Judge Robert W. Lehrburger on 12/21/2018) (rsh)
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Filing 181
ORDER: The Court would like to schedule a teleconference for today December 21, 2018 at 3:30 to discuss the discovery issues as between Plaintiff SBA and Defendant Forest raised in Dkt. 174 and 180 to the extent the parties have not worked out the issues raised therein. Counsel for SBA and Forest shall notify the Court's Deputy by email or telephone as to whether they are available. Counsel for Forest shall coordinate with counsel for the generic Defendants to determine if they would like to participate, and if so, whether it would be sufficient for counsel for as few as one generic Defendant would suffice to attend and report to the other generic Defendants (the goal being not to let the unavailability of some counsel impede the conference from taking place, assuming that counsel for SBA and Forest are available). (Signed by Magistrate Judge Robert W. Lehrburger on 12/21/2018) (Lehrburger, Robert)
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Filing 180
LETTER addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated 12/19/18 re: Opposition to Doc. # 174 (Letter regarding Plaintiff's Discovery Responses). Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Metcalf, Elizabeth)
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Filing 179
ORDER: The Court is in receipt of Plaintiff's letter requesting "assurances from the Court that [the parties] may continue to negotiate the few remaining issues of discovery beyond the December 19, 2018 deadline...." The request is granted insofar as the deadline for completion of any non-duplicative material needed for mediation is extended to January 15, 2019, and provided that this extension does not delay mediation. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) (Lehrburger, Robert)
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Filing 178
LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Peter Safirstein dated 12/18/2018. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Metcalf, Elizabeth)
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Filing 177
ORDER terminating #168 Letter Motion for Discovery; terminating #171 Letter Motion for Discovery. Based on discussions during the conference, the relevant filings, and prior proceedings, the Court ORDERS as follows: 1. Plaintiff shall briefly answer Generic Defendants' Interrogatories 1-13 based on information it currently knows but need not provide any detail about supporting evidence. As required under the Federal Rules of Civil Procedure, Plaintiff (as well as Defendants) is required to meet its obligations to amend or supplement based on new information learned during discovery or otherwise. 2. Plaintiff's motion to quash Forest's third-party subpoenas is denied without prejudice. The parties shall meet and confer to discuss the following: (1) which third-party subpoenas shall be deferred until after mediation; (2) the scope of the subpoena requests to avoid duplication from discovery in the Direct Purchaser case; and (3) any other discovery issues. The parties shall file a joint letter reporting results of having met and conferred, as further set forth in this Order. Accordingly, if the mediation is not successful there may be additional fact discovery (as to both parties and third-parties) that will be needed after the mediation. 5. The parties shall serve counsel for the Direct Purchaser Class with all future filings. 6. This Order resolves Dkt Nos. 168 and 171. (Signed by Magistrate Judge Robert W. Lehrburger on 12/17/2018) Copies Sent By Chambers. (mml)
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Filing 176
ORDER: On December 12, 2018, Defendant Forest submitted a letter seeking relief for purported deficiencies in Plaintiff's document production (Dkt. 174). Pursuant to my individual rules, a response was due by December 17, 2018. No response appears to have been filed. Accordingly, Plaintiff shall file its response, if any, no later than December 20, 2018. (Signed by Magistrate Judge Robert W. Lehrburger on 12/18/2018) (Lehrburger, Robert)
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Filing 175
LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Heather K. McDevitt dated December 13, 2018 re: #171 LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Lori Fanning dated December 12, 2018. . Document filed by Actavis, plc, Forest Laboratories, LLC. (McDevitt, Heather)
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Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Telephone Conference held on 12/13/2018 at 11:30 a.m. (rsh)
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Filing 174
LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Heather K. McDevitt dated December 12, 2018. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(McDevitt, Heather)
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Filing 173
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Discovery Hearing proceeding held on 10/9/2018 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.(aea)
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Filing 172
TRANSCRIPT of Proceedings re: Discovery Hearing held on 10/9/2018 before Magistrate Judge Robert W. Lehrburger. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2019. Redacted Transcript Deadline set for 1/14/2019. Release of Transcript Restriction set for 3/12/2019.(aea)
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Filing 171
LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Lori Fanning dated December 12, 2018. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Fanning, Lori)
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Filing 170
SCHEDULING ORDER: Telephone Conference set for 12/13/2018 at 11:30 AM before Magistrate Judge Robert W. Lehrburger. Parties shall jointly call the chambers conference line at (212) 805-0113. (Signed by Magistrate Judge Robert W. Lehrburger on 12/10/2018) (rsh)
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Filing 169
ORDER FOR ADMISSION PRO HAC VICE granting #166 Motion for Kyla A. Jackson to Appear Pro Hac Vice. IT IS HEREBY ORDERED that the Applicant is admitted to practice pro hac vice in the above-captioned action in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing the discipline of attorneys. (Signed by Judge Colleen McMahon on 12/10/2018) (mml)
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Filing 168
LETTER MOTION for Discovery addressed to Magistrate Judge Robert W. Lehrburger from Jonathan Berman dated December 7, 2018. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Berman, Jonathan)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Jonathan Bruce Berman to RE-FILE Document #167 LETTER MOTION to Compel Plaintiff Sergeants Benevolent Association Health & Welfare Fund to Respond to Defendants' Interrogatories Nos. 1-13 &/i addressed to Magistrate Judge Robert W. Lehrburger from Jonathan Berman dated December 7, 20. Use the event type Discovery found under the event list Motion (Letter). (db)
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Filing 167
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel Plaintiff Sergeants Benevolent Association Health & Welfare Fund to Respond to Defendants' Interrogatories Nos. 1-13 addressed to Magistrate Judge Robert W. Lehrburger from Jonathan Berman dated December 7, 2018. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Berman, Jonathan) Modified on 12/10/2018 (db).
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #166 MOTION for Kyla A. Jackson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16015262. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 166
MOTION for Kyla A. Jackson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16015262. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amneal Pharmaceuticals, LLC, Sun Pharmaceuticals Industries, Ltd., Upsher-Smith Laboratories, Inc.. (Attachments: #1 Affidavit of Kyla A. Jackson in Support of Motion to Appear Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Jackson, Kyla)
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Filing 165
MEMO ENDORSEMENT on re: #164 Letter, filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Actavis, plc, Merz Pharmaceuticals GmbH, Forest Laboratories, LLC. ENDORSEMENT: The Court opposes the motion. We have done considerable work on the motions to dismiss; no effort was made to further amend the complaint until after defendants filed additional papers in support of the pending motions to dismiss; I will decide THOSE motions. (Signed by Judge Colleen McMahon on 10/31/2018) (mml)
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Filing 164
LETTER addressed to Judge Colleen McMahon from Martin M. Toto dated October 30, 2018 re: Plaintiff's reply brief in support of its motion for leave to file a second amended complaint. Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH.(Toto, Martin)
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Filing 163
REPLY MEMORANDUM OF LAW in Support re: #150 MOTION for Leave to File Amended Complaint . . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Metcalf, Elizabeth)
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Filing 162
JOINT MEMORANDUM OF LAW in Opposition re: #150 MOTION for Leave to File Amended Complaint . . Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc.. (Stephens, Eric)
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Filing 161
JOINT LETTER addressed to Judge Colleen McMahon from Eric P. Stephens dated October 23, 2018 re: Request for Oral Argument on Generic Defendants' Motion to Dismiss. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc..(Stephens, Eric)
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Filing 160
SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #80 JOINT MOTION to Dismiss . . Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc.. (Stephens, Eric)
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Filing 159
SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #133 MOTION to Dismiss / Forest and Merz Defendants' Notice of Renewed Motion to Dismiss the Indirect Purchaser Complaint #84 #85 #90 #91 ., #83 MOTION to Dismiss . . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Toto, Martin)
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Filing 158
RESPONSE in Opposition to Motion re: #129 MOTION for Leave to File Supplemental Memo of Law on Generic Defendants' Motion to Dismiss ., #80 JOINT MOTION to Dismiss . (Corrected version of ECF 151). Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Metcalf, Elizabeth)
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Filing 157
SEALED DOCUMENT placed in vault.(mhe)
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Filing 156
NOTICE of Filing of Redline Version of IPP's Second Amended Class Action Complaint re: #150 MOTION for Leave to File Amended Complaint .. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit Redline of Proposed Second Amended Class Action Complaint)(Miller, Marvin)
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Filing 155
AFFIRMATION of Elizabeth Metcalf in Opposition re: #129 MOTION for Leave to File Supplemental Memo of Law on Generic Defendants' Motion to Dismiss ., #80 JOINT MOTION to Dismiss .. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Metcalf, Elizabeth)
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Filing 154
DECLARATION of Elizabeth Metcalf in Opposition re: #133 MOTION to Dismiss / Forest and Merz Defendants' Notice of Renewed Motion to Dismiss the Indirect Purchaser Complaint #84 #85 #90 #91 .. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Metcalf, Elizabeth)
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Filing 153
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #155 Affirmation) - RESPONSE in Opposition to Motion re: #129 MOTION for Leave to File Supplemental Memo of Law on Generic Defendants' Motion to Dismiss . #80 JOINT MOTION to Dismiss . . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Metcalf, Elizabeth) Modified on 10/23/2018 (db).
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Filing 152
RESPONSE in Opposition to Motion re: #133 MOTION to Dismiss / Forest and Merz Defendants' Notice of Renewed Motion to Dismiss the Indirect Purchaser Complaint #84 #85 #90 #91 . . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Metcalf, Elizabeth)
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Filing 151
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #158 Response) - RESPONSE in Opposition to Motion re: #129 MOTION for Leave to File Supplemental Memo of Law on Generic Defendants' Motion to Dismiss . . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Metcalf, Elizabeth) Modified on 10/23/2018 (db).
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Filing 150
MOTION for Leave to File Amended Complaint . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit Proposed Amended Complaint)(Metcalf, Elizabeth)
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Filing 149
NOTICE of of Filing Under Seal. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Metcalf, Elizabeth)
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Filing 148
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Teva Pharmaceuticals Industries Ltd. for Cobalt Laboratories, Inc.. Document filed by Cobalt Laboratories, Inc..(Frederick, Sarah)
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Filing 147
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #83 MOTION to Dismiss . . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Toto, Martin)
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Filing 146
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #80 JOINT MOTION to Dismiss . GENERIC DEFENDANTS SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION TO DISMISS INDIRECT PURCHASERS COMPLAINT. Document filed by Wockhardt Limited, Wockhardt USA LLC. (Suden, Damon)
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Filing 145
CASE MANAGEMENT ORDER: WHEREAS, the Indirect Purchaser Plaintiffs ("IPPs") propose the following Case Management Order consistent with Judge McMahon's September 10, 2018 Order (Dkt. No. 122), the Court hereby ORDERS the following timing and sequencing of events: Motions due by 10/12/2018. Responses due by 10/18/2018. Replies due by 10/23/2018. Deposition due by 12/19/2018. Discovery due by 12/19/2018. (Signed by Magistrate Judge Robert W. Lehrburger on 10/9/2018) (mml)
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Filing 144
STIPULATION AND ORDER FOR SUBSTITUTION OF COUNSEL FOR DEFENDANT COBALT LABORATORIES, INC.: NOW THEREFORE, Pursuant to Local Rule 1.4, Committee Note, IT IS HEREBY STIPULATED, CONSENTED AND AGREED that Goodwin Procter LLP, 100 Northern Avenue, Boston, MA, 02210, be and hereby is substituted as counsel of record for Cobalt, defendant in the above-captioned action, in place and instead of White & Case LLP, 1221 Avenue of Americas, New York, New York 10020, as of the date hereof. Defendant Cobalt is aware of this change in representation and has consented to it, as reflected in the signature block. SO ORDERED. Attorney Christopher T. Holding, Sarah K. Frederick for Cobalt Laboratories, Inc. added. Attorney Kristen O'Shaughnessy, John Mark Gidley and Martin Michael Toto terminated. (Signed by Judge Colleen McMahon on 10/9/2018) (mml)
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Filing 143
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Colleen McMahon on 10/9/2018) (mml)
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Filing 142
MEMO ENDORSED ORDER granting #139 NOTICE OF MOTION FOR ENTRY OF STIPULATED PROTECTIVE ORDER. ENDORSEMENT: Motion Granted. (Signed by Judge Colleen McMahon on 10/9/2018) (mml)
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Filing 141
NOTICE OF CHANGE OF ADDRESS by Sarah K. Frederick on behalf of Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc.. New Address: Goodwin Procter LLP, 100 Northern Avenue, Boston, MA, USA 02210, 617-570-1000. (Frederick, Sarah)
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Minute entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Discovery Hearing held on 10/9/2018 at 2:30 p.m. (rsh)
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Filing 140
NOTICE OF APPEARANCE by Elizabeth S Metcalf on behalf of Sergeants Benevolent Association Health & Welfare Fund. (Metcalf, Elizabeth)
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Filing 139
JOINT MOTION for Protective Order Notice of Motion for Entry of Stipulated Protective Order. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit Exhibit 1 - Text of [Proposed] Stipulated Protective Order)(Safirstein, Peter)
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Filing 138
LETTER addressed to Robert W. Lehrburger from Peter Safirstein dated 10/4/2018 re: Joint Letter Regarding Disclosure of Related-Case Materials, Discovery, and Scheduling. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B)(Safirstein, Peter)
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Filing 137
NOTICE OF CHANGE OF ADDRESS by Kristen O'Shaughnessy on behalf of Actavis, plc, Cobalt Laboratories, Inc., Forest Laboratories, LLC. New Address: White & Case LLP, 1221 Avenue of the Americas, New York, New York, 10020, (212) 819-8200. (O'Shaughnessy, Kristen)
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Filing 136
NOTICE OF CHANGE OF ADDRESS by Jack Pace on behalf of Actavis, plc, Cobalt Laboratories, Inc., Forest Laboratories, LLC. New Address: White & Case LLP, 1221 Avenue of the Americas, New York, New York, 10020, (212) 819-8200. (Pace, Jack)
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Filing 135
NOTICE OF CHANGE OF ADDRESS by Martin Michael Toto on behalf of Actavis, plc, Cobalt Laboratories, Inc., Forest Laboratories, LLC. New Address: White & Case LLP, 1221 Avenue of the Americas, New York, New York, 10020, (212) 819-8200. (Toto, Martin)
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Filing 134
ORDER GRANTING GENERIC DEFENDANTS' MOTION AND SETTING SUPPLEMENTAL BRIEFING SCHEDULE granting #129 Motion for Leave to File Document: Accordingly, this Court GRANTS the Generic Defendants' motion to renew, GRANTS their motion for leave to file a supplemental memorandum, and ORDERS the following briefing schedule: Any Defendant wishing to submit a supplemental memorandum of law in support of its motion to dismiss must do so by Thursday, October 11. Memoranda of law in opposition are due by Thursday, October 18. Reply papers must be submitted by Tuesday, October 23. The Court encourages the parties to reference its Individual Practices and Procedures, particularly Rule IV.E. As these are supplemental briefs, motions to exceed page limits will not be granted absent compelling circumstances. (Signed by Judge Colleen McMahon on 10/4/2018) (jwh)
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Filing 133
MOTION to Dismiss / Forest and Merz Defendants' Notice of Renewed Motion to Dismiss the Indirect Purchaser Complaint #84 #85 #90 #91 . Document filed by Actavis, plc, Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH.(Toto, Martin)
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Filing 132
PROPOSED STIPULATION AND ORDER. Document filed by Cobalt Laboratories, Inc.. (Frederick, Sarah)
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Set/Reset Deadlines as to #133 MOTION to Dismiss / Forest and Merz Defendants' Notice of Renewed Motion to Dismiss the Indirect Purchaser Complaint #84 #85 #90 #91 : Responses due by 10/18/2018. Replies due by 10/23/2018. (jwh)
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Filing 131
DECLARATION of Jonathan Berman in Support re: #129 MOTION for Leave to File Supplemental Memo of Law on Generic Defendants' Motion to Dismiss .. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc.. (Attachments: #1 Exhibit 1: Proposed Supplemental Memorandum of Law)(Berman, Jonathan)
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Filing 130
MEMORANDUM OF LAW in Support re: #129 MOTION for Leave to File Supplemental Memo of Law on Generic Defendants' Motion to Dismiss . . Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc.. (Berman, Jonathan)
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Filing 129
MOTION for Leave to File Supplemental Memo of Law on Generic Defendants' Motion to Dismiss . Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc..(Berman, Jonathan)
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Filing 128
NOTICE OF APPEARANCE by Alexandra Corbett Strang on behalf of Amneal Pharmaceuticals, LLC, Sun Pharmaceutical Industries Ltd., Upsher-Smith Laboratories, Inc.. (Strang, Alexandra)
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Filing 127
NOTICE OF APPEARANCE by Devora Whitman Allon on behalf of Amneal Pharmaceuticals, LLC, Sun Pharmaceutical Industries Ltd., Upsher-Smith Laboratories, Inc.. (Allon, Devora)
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Filing 126
NOTICE OF APPEARANCE by Heather McDevitt on behalf of Actavis, plc, Forest Laboratories, LLC. (McDevitt, Heather)
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Filing 125
SCHEDULING ORDER: Discovery Conference set for 10/9/2018 at 2:30 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual rules and practices. (Signed by Magistrate Judge Robert W. Lehrburger on 9/21/2018) (rsh)
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NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Robert W. Lehrburger. Please note that this is a reassignment of the designation only. (ma)
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Filing 124
ORDER: The Court is in receipt of Plaintiffs' letter requesting a conference to discuss disclosure of related-case materials, discovery and scheduling. Plaintiffs are directed to first contact the parties relevant to determining these issues. Plaintiffs and Defendants shall meet and confer as to these issues by Sept. 27, 2018. No later than October 4, 2018, the parties shall file a joint letter no longer than five pages with a proposal on these issues and addressing any areas of dispute. In the meantime, the Court's Deputy Clerk will contact the parties to schedule a conference to take place after October 4, 2018. (Signed by Magistrate Judge Robert W. Lehrburger on 09/18/2018) (Lehrburger, Robert)
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Filing 123
LETTER addressed to Robert W. Lehrburger from Peter Safirstein dated September 17, 2018 re: conference regarding IPP non-duplicative discovery. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Safirstein, Peter)
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Filing 122
ORDER LIFTING STAY AND REFERRING THIS CASE TO THE MAGISTRATE JUDGE FOR CERTAIN PURPOSES: This action has been stayed since September 13, 2016, when the Indirect Purchaser Plaintiffs ("IPPs") claims were severed from the Direct Purchaser Plaintiffs' ("DPPs") claims. (Dkt. No. 107 at 33.) The claims were placed on the Court's suspense calendar so that the factual record could be developed and the federal claims resolved. After many months, discovery is over in the DPP case; the court has certified a class (although defendants are seeking review of that determination in the Second Circuit) and has denied a motion for summary judgment. Before setting a trial date, the DPPs and Forest have advised the Court that they are amenable to mediation; however, mediation will only work if the IPPs come back into these proceedings. I am aware that there is a pending motion to dismiss the IPP claims. (Dkt. No. 80.) The Court will turn its attention to that motion presently. However, I am referring this case to the assigned Magistrate Judge, The Hon. Robert Lehrburger, for supervision of such non-duplicative discovery as is necessary to get the parties to the IPP case up to speed, so they can participate meaningfully in a mediation that will be scheduled after the first of the year. (Signed by Judge Colleen McMahon on 9/10/2018) (mml)
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Filing 121
NOTICE OF CHANGE OF ADDRESS by Peter George Safirstein on behalf of Sergeants Benevolent Association Health & Welfare Fund. New Address: Safirstein Metcalf LLP, The Empire State Building, 350 Fifth Ave., 59th Floor, New York, NY, 10118, (212) 201-2845. (Safirstein, Peter)
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Filing 120
MEMO ENDORSEMENT on #113 MEMORANDUM OF LAW in Support denying #112 Motion to Remove from Suspense Docket. ENDORSEMENT: The motion to lift the stay in the End-Payor Plaintiff's case is DENIED. All substantive issues, including those relating to collateral estoppel, are PRESERVED until the stay is lifted, so the rest of Plaintiff's motion is denied without prejudice. (Signed by Judge Colleen McMahon on 2/1/2018) (kgo)
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Filing 119
MEMO ENDORSEMENT granting #118 Motion to Withdraw as Attorney. ENDORSEMENT: OK. Attorney Kevin D. McDonald terminated. (Signed by Judge Colleen McMahon on 1/5/2018) (kgo)
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Filing 118
MOTION for Kevin D. McDonald to Withdraw as Attorney . Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc..(McDonald, Kevin)
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Filing 117
REPLY MEMORANDUM OF LAW in Support re: #112 MOTION to Remove from Suspense Docket , lift the stay issued on September 13, 2016, apply the same collateral estoppel finding this Court determined in the related Direct Purchaser Action, and allow End-Payor Plaintiff to participate in discovery . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Safirstein, Peter)
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Filing 116
MEMO ENDORSEMENT on re: #115 Letter, filed by Dr. Reddy's Laboratories, Inc., Dr. Reddy's Laboratories Ltd.. ENDORSEMENT: I see no need to sign your proposed order. The language in the box below is clear enough - nothing in the motion is addressed to you. I am not confused. I see no need to clarify what the language in the box makes perfectly clear. (Signed by Judge Colleen McMahon on 12/18/2017) (kgo)
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Filing 115
LETTER addressed to Judge Colleen McMahon from Jonathan Berman dated December 15, 2017 re: End-Payor Plaintiffs Motion to Lift Stay. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc.. (Attachments: #1 Text of Proposed Order)(Berman, Jonathan)
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Filing 114
MEMORANDUM OF LAW in Opposition re: #112 MOTION to Remove from Suspense Docket , lift the stay issued on September 13, 2016, apply the same collateral estoppel finding this Court determined in the related Direct Purchaser Action, and allow End-Payor Plaintiff to participate in discovery . Document filed by Actavis, plc, Forest Laboratories, LLC. (Toto, Martin)
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Filing 113
MEMORANDUM OF LAW in Support re: #112 MOTION to Remove from Suspense Docket , lift the stay issued on September 13, 2016, apply the same collateral estoppel finding this Court determined in the related Direct Purchaser Action, and allow End-Payor Plaintiff to participate in discovery . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Safirstein, Peter)
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Filing 112
MOTION to Remove from Suspense Docket , lift the stay issued on September 13, 2016, apply the same collateral estoppel finding this Court determined in the related Direct Purchaser Action, and allow End-Payor Plaintiff to participate in discovery. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Text of Proposed Order)(Safirstein, Peter)
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Filing 111
MEMO ENDORSEMENT on FOREST'S MOTION TO FILE SUMMARY JUDGMENT MEMORANDA EXCEEDING PAGE LIMITS. ENDORSEMENT: Granted. (Signed by Judge Colleen McMahon on 11/8/2017). Entered in case no. 15cv7488 as doc. #425. Entered in this case as per Chambers. (rjm)
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Filing 110
ORDER. It is hereby ORDERED that Forest's Motion to File Summary Judgment Memoranda Exceeding Page Limits is GRANTED, and it is further ORDERED that Forest may submit a Memorandum of Law in Support of their Motion for Summary Judgment not to exceed 65 pages, and Forest may submit a Reply Memorandum of Law in Support of their Motion for Summary Judgment not to exceed 25 pages. (Signed by Judge Colleen McMahon on 11/8/2017). Entered in this case as per Chambers and entered in 15cv7488 as doc. #424. (rjm)
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Filing 109
NOTICE OF CHANGE OF ADDRESS by Peter George Safirstein on behalf of Sergeants Benevolent Association Health & Welfare Fund. New Address: Safirstein Metcalf LLP, 1250 Broadway, 27th Floor, New York, NY, United States 10001, (212) 201-2845. (Safirstein, Peter)
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Filing 108
INTERNET CITATION NOTE: Material from decision with Internet citation re: #107 Order on Motion to Dismiss. (Attachments: #1 Internet Citation) (vf)
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Filing 107
MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' MOTIONS TO DISMISS denying #80 Motion to Dismiss; denying #83 Motion to Dismiss. For the foregoing reasons, Defendants' motions to dismiss the claims are denied. The Clerk of the Court is directed to remove Docket Numbers 80 and 83 from the Court's list of pending motions in Case Number 15-cv-6549 and Docket Number 55 from the Court's list of pending motions in Case Number 15-cv-7488. (Signed by Judge Colleen McMahon on 9/13/2016) (kgo)
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Filing 106
NOTICE of Withdrawal of Attorney Gregory L. Skidmore. Document filed by Amneal Pharmaceuticals, LLC, Sun India Pharmaceuticals Industries, Ltd., Sun Pharmaceutical Industries Ltd., Sun Pharmaceuticals Industries, Ltd., Upsher-Smith Laboratories, Inc.. (Lefkowitz, Jay)
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Filing 105
NOTICE OF CHANGE OF ADDRESS by Eric Peter Stephens on behalf of Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc.. New Address: Jones Day, 250 Vesey Street, New York, New York, USA 10281-1047, 212-326-3939. (Stephens, Eric)
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Filing 104
MEMO ENDORSEMENT on re: #101 MOTION for Domenico Minerva to Withdraw as Attorney . filed by Sergeants Benevolent Association Health & Welfare Fund. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 3/8/2016) (kgo)
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Filing 103
ORDER granting #101 Motion to Withdraw as Attorney. Plaintiff's motion for an order directing the withdrawal of Domenico Minerva as counsel for Plaintiff is GRANTED. Attorney Domenico George Minerva terminated. (Signed by Judge Colleen McMahon on 3/8/2016) (kgo)
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Filing 102
DECLARATION of Domenico Minerva in Support re: #101 MOTION for Domenico Minerva to Withdraw as Attorney .. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Minerva, Domenico)
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Filing 101
MOTION for Domenico Minerva to Withdraw as Attorney . Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Text of Proposed Order)(Minerva, Domenico)
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Filing 100
WAIVER OF SERVICE RETURNED EXECUTED. Merz Pharmaceuticals GmbH waiver sent on 2/17/2016, answer due 4/18/2016. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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Filing 99
WAIVER OF SERVICE RETURNED EXECUTED. Merz Pharma GmbH & Co. KGaA waiver sent on 2/17/2016, answer due 4/18/2016. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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Filing 98
WAIVER OF SERVICE RETURNED EXECUTED. Merz GmbH & Co. KGaA. waiver sent on 2/17/2016, answer due 4/18/2016. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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Filing 97
JOINDER to join re: #83 MOTION to Dismiss . /Notice of Merz Defendants' Joinder In Motion to Dismiss IPP's First Amended Class Action Complaint. Document filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH.(Toto, Martin)
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Filing 96
AMENDED COMPLAINT amending #93 Amended Complaint,,, against Actavis, plc, Amneal Pharmaceuticals, LLC, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Forest Laboratories, LLC, Merz GmbH & Co. KGaA., Merz Pharmaceuticals GmbH, Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC, Merz Pharma GmbH & Co. KGaA, Sun Pharmaceuticals Industries, Ltd. with JURY DEMAND.Document filed by Sergeants Benevolent Association Health & Welfare Fund. Related document: #93 Amended Complaint,,, filed by Sergeants Benevolent Association Health & Welfare Fund.(Miller, Marvin)
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Filing 95
MEMO ENDORSEMENT on re: #92 Notice (Other) filed by Sergeants Benevolent Association Health & Welfare Fund. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 2/16/2016) (kgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Marvin Alan Miller to RE-FILE re: Document No. #93 Amended Complaint,,,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected. Merz Pharmaceuticals GmbH & Co. KGaA was selected as a party the amended complaint is against eventhough it is not listed as a party on the Amended Complaint. Merz Pharma GmbH & Co. KGaA is not a party on CM ECF. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. 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. (pc) Modified on 2/17/2016 (pc).
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Filing 94
SEALED DOCUMENT placed in vault.(mps) Modified on 2/19/2016 (dn).
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Filing 93
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #6 Complaint,, against Actavis, plc, Amneal Pharmaceuticals, LLC, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Forest Laboratories, LLC, Merz Pharmaceuticals GmbH & Co. KGaA, Sun Pharmaceutical Industries Ltd., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC, Merz GmbH & Co. KGaA., Merz Pharmaceuticals GmbH with JURY DEMAND.Document filed by Sergeants Benevolent Association Health & Welfare Fund. Related document: #6 Complaint,, filed by Sergeants Benevolent Association Health & Welfare Fund.(Miller, Marvin) Modified on 2/16/2016 (pc).
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Filing 92
NOTICE of Notice regarding Plaintiff's First Amended Class Action Complaint and the Merz Defendants' Motion to Join in the Motion to Dismiss. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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Filing 91
DECLARATION of Kristen O'Shaughnessy in Support re: #83 MOTION to Dismiss .. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit 17, #2 Exhibit 18, #3 Exhibit 19, #4 Exhibit 20, #5 Exhibit 21, #6 Exhibit 22)(O'Shaughnessy, Kristen)
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Filing 90
REPLY MEMORANDUM OF LAW in Support re: #83 MOTION to Dismiss . / Reply Memorandum in Further Support of Defendants Forest and Merz's Motion to Dismiss Indirect Purchaser Plaintiffs' Class Action Complaint and Direct Purchaser Plaintiffs' First Amended Class Action Complaint. Document filed by Actavis, plc, Forest Laboratories, LLC. (Toto, Martin)
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Filing 89
REPLY MEMORANDUM OF LAW in Support re: #80 JOINT MOTION to Dismiss . . Document filed by Amneal Pharmaceuticals, LLC, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Sun Pharmaceutical Industries Ltd., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC. (Skidmore, Gregory)
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Filing 88
RESPONSE in Opposition to Motion re: #80 JOINT MOTION to Dismiss . End Payor Plaintiff's Opposition to Generic Defendants' Motion to Dismiss. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A, #2 Exhibit B)(Miller, Marvin)
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Filing 87
RESPONSE in Opposition to Motion re: #83 MOTION to Dismiss . End Payor Plaintiff's Opposition to Defendants Forest's and Merz's Motion to Dismiss. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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Filing 86
SEALED DOCUMENT placed in vault.(rz)
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Filing 85
MEMORANDUM OF LAW in Support re: #83 MOTION to Dismiss . . Document filed by Actavis, plc, Forest Laboratories, LLC. (Toto, Martin)
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Filing 84
DECLARATION of Kristen O'Shaughnessy in Support re: #83 MOTION to Dismiss .. Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(O'Shaughnessy, Kristen)
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Filing 83
MOTION to Dismiss . Document filed by Actavis, plc, Forest Laboratories, LLC. (Attachments: #1 Text of Proposed Order)(Toto, Martin)
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Filing 82
NOTICE of Appendices A through D re: #81 Memorandum of Law in Support of Motion,. Document filed by Amneal Pharmaceuticals, LLC, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Sun Pharmaceutical Industries Ltd., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC. (Skidmore, Gregory)
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Filing 81
MEMORANDUM OF LAW in Support re: #80 JOINT MOTION to Dismiss . Public Version. Document filed by Amneal Pharmaceuticals, LLC, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Sun Pharmaceutical Industries Ltd., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC. (Skidmore, Gregory)
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Filing 80
JOINT MOTION to Dismiss . Document filed by Amneal Pharmaceuticals, LLC, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Sun Pharmaceutical Industries Ltd., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC.(Skidmore, Gregory)
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Filing 79
SEALED DOCUMENT placed in vault.(rz)
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Filing 78
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Amneal Pharmaceuticals, LLC.(Skidmore, Gregory)
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Filing 77
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Upsher-Smith Laboratories, Inc..(Skidmore, Gregory)
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Filing 76
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sun Pharmaceutical Industries Ltd..(Skidmore, Gregory)
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Filing 75
ORDER granting #74 Motion to Seal Document. Granted, subject to the possibility that I will later unseal. The contents of my decisions and public trial at hearings will preemptively NOT be sealed. (Signed by Judge Colleen McMahon on 12/18/2015) (kgo)
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Filing 74
LETTER MOTION to Seal Document addressed to Judge Colleen McMahon from Martin M. Toto dated December 17, 2015. Document filed by Actavis, plc, Forest Laboratories, LLC.(Toto, Martin)
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Filing 73
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Wockhardt Bio AG for Wockhardt Limited; Corporate Parent Wockhardt Bio AG for Wockhardt USA LLC. Document filed by Wockhardt Limited, Wockhardt USA LLC.(Suden, Damon)
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Filing 72
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Teva Pharmaceutical Industries Ltd.(Frederick, Sarah)
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Filing 71
NOTICE OF APPEARANCE by Steven James Menashi on behalf of Amneal Pharmaceuticals, LLC, Sun India Pharmaceuticals Industries, Ltd., Sun Pharmaceutical Industries Ltd., Upsher-Smith Laboratories, Inc.. (Menashi, Steven)
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Filing 70
ORDER ADMITTING COUNSEL PRO HAC VICE granting #66 Motion for Christopher T. Holding to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 12/10/2015) (kgo)
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Filing 69
ORDER ADMITTING COUNSEL PRO HAC VICE granting #59 Motion for Christopher T. Holding to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 12/10/2015) (kgo)
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Filing 68
ORDER ADMITTING COUNSEL PRO HAC VICE granting #65 Motion for Sarah K. Frederick to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 12/10/2015) (kgo)
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Filing 67
ORDER FOR ADMISSION PRO HAC VICE granting #58 Motion for Jonathan Berman to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 12/10/2015) (kgo)
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Filing 66
MOTION for Christopher T. Holding to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11715870. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teva Pharmaceutical Industries Ltd. (Attachments: #1 Proposed Order)(Holding, Christopher)
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Filing 65
MOTION for Sarah K. Frederick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11715729. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teva Pharmaceutical Industries Ltd. (Attachments: #1 Proposed Order)(Frederick, Sarah)
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Filing 64
ORDER granting #63 Motion: that Defendants' Motion is GRANTED, and it is further ORDERED that: Defendants may file two Memoranda of Law in Support of their Motions to Dismiss JM Smith Corporation's First Amended Class Action Complaint, and Sergeants Benevolent Association Health & Welfare Fund's Class Action Complaint as further set forth in this order. (Signed by Judge Colleen McMahon on 12/9/2015) (tn)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #66 MOTION for Christopher T. Holding to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11715870. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #65 MOTION for Sarah K. Frederick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11715729. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
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Filing 63
JOINT MOTION for Leave to File Consolidated Briefing on Defendants' Motion to Dismiss . Document filed by Actavis, plc, Amneal Pharmaceuticals, LLC, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Forest Laboratories, LLC, Sergeants Benevolent Association Health & Welfare Fund, Sun Pharmaceutical Industries Ltd., Teva Pharmaceuticals Industries, Ltd., Teva Pharmaceuticals USA, Inc., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC. (Attachments: #1 Text of Proposed Order)(Toto, Martin)
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Filing 62
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc..(Stephens, Eric)
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Filing 61
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Teva Pharmaceutical Industries, Ltd. for Barr Pharmaceuticals, Inc.. Document filed by Barr Pharmaceuticals, Inc..(Frederick, Sarah)
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Filing 60
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Teva Pharmaceutical Industries Ltd. for Teva Pharmaceuticals USA, Inc.. Document filed by Teva Pharmaceuticals USA, Inc..(Frederick, Sarah)
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Filing 59
MOTION for Christopher T. Holding to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11683460. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barr Pharmaceuticals, Inc., Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Proposed Order)(Holding, Christopher)
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Filing 58
MOTION for Jonathan Bruce Berman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11683420. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc.. (Attachments: #1 California Certificate of Good Standing, dated 11/16/2015, #2 DC Certificate of Good Standing, dated 11/16/2015, #3 Pennsylvania Certificate of Good Standing, dated 11/18/2015, #4 Proposed Order)(Berman, Jonathan)
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Filing 57
ORDER FOR ADMISSION PRO HAC VICE granting #55 Motion for Kevin D. McDonald to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 12/1/2015) (kgo)
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Filing 56
ORDER ADMITTING COUNSEL PRO HAC VICE granting #53 Motion for Sarah K. Frederick to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 12/1/2015) (kgo)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #59 MOTION for Christopher T. Holding to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11683460. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #58 MOTION for Jonathan Bruce Berman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11683420. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Minute Entry for proceedings held before Judge Colleen McMahon: Initial Pretrial Conference held on 11/20/2015. Decision: Initial conference held. ANDA settlement agreements must be produced to plaintiffs by Monday, November 23, 2015. Briefing schedule set: motion to dismiss must be filed by December 22, 2015, opposition by January 29, 2016, and reply by February 12, 2016. Submitted By: Sarah M. Evans. (mde)
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Filing 55
MOTION for Kevin David McDonald to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11646910. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc.. (Attachments: #1 DC Certificate of Good Standing, dated 11/10/2015, #2 Ohio Certificate of Good Standing, dated 11/4/2015, #3 Proposed Order)(McDonald, Kevin)
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Filing 54
NOTICE OF APPEARANCE by Eric Peter Stephens on behalf of Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc.. (Stephens, Eric)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #55 MOTION for Kevin David McDonald to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11646910. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
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Filing 53
MOTION for Sarah K. Frederick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11642066. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Barr Pharmaceuticals, Inc., Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Proposed Order)(Frederick, Sarah)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #53 MOTION for Sarah K. Frederick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11642066. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
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Filing 52
ORDER granting #51 Letter Motion for Extension of Time to Answer. granted. Upsher-Smith Laboratories, Inc. answer due 1/20/2016. (Signed by Judge Colleen McMahon on 11/9/2015) (kgo)
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Filing 51
SECOND LETTER MOTION for Extension of Time to File Answer re: #34 Waiver of Service Executed, #36 LETTER MOTION for Extension of Time to File Answer re: #6 Complaint,, addressed to Judge Colleen McMahon from Marvin A. Miller dated 10/13/2015., #35 Waiver of Service Executed, #33 Waiver of Service Executed addressed to Judge Colleen McMahon from Marvin A. Miller dated 11-06-2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Miller, Marvin)
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Filing 50
ORDER FOR ADMISSION PRO HAC VICE granting #49 Motion for Gregory L. Skidmore to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 11/4/2015) (rjm)
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Filing 49
MOTION for Gregory L. Skidmore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11581273. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Amneal Pharmaceuticals, LLC, Sun Pharmaceutical Industries Ltd., Upsher-Smith Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Skidmore, Gregory)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #49 MOTION for Gregory L. Skidmore to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11581273. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
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Filing 48
ORDER granting #47 Letter Motion for Extension of Time to Answer. granted. Wockhardt Limited answer due 1/20/2016; Wockhardt USA LLC answer due 1/20/2016. (Signed by Judge Colleen McMahon on 10/29/2015) (kgo)
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Filing 47
SECOND LETTER MOTION for Extension of Time to File Answer re: #28 Waiver of Service Executed, #29 LETTER MOTION for Extension of Time to File Answer re: #6 Complaint,, addressed to Judge Colleen McMahon from Marvin A. Miller dated 10/12/2015., #27 Waiver of Service Executed addressed to Judge Colleen McMahon from Marvin A. Miller dated 10-29-2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Miller, Marvin)
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Filing 46
NOTICE OF APPEARANCE by Damon William Suden on behalf of Wockhardt Limited, Wockhardt USA LLC. (Suden, Damon)
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Filing 45
NOTICE OF APPEARANCE by William Alfred Escobar on behalf of Wockhardt Limited, Wockhardt USA LLC. (Escobar, William)
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Filing 44
ORDER granting #42 Letter Motion for Extension of Time to Answer. OK. Amneal Pharmaceuticals, LLC answer due 1/20/2016; Barr Pharmaceuticals, Inc. answer due 1/20/2016; Merz Pharmaceuticals GmbH & Co. KGaA answer due 1/20/2016; Sun India Pharmaceuticals Industries, Ltd. answer due 1/20/2016; Sun Pharmaceutical Industries Ltd. answer due 1/20/2016; Teva Pharmaceuticals Industries, Ltd. answer due 1/20/2016; Teva Pharmaceuticals USA, Inc. answer due 1/20/2016. (Signed by Judge Colleen McMahon on 10/19/2015) (kgo)
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Filing 43
ORDER FOR ADMISSION PRO HAC VICE granting #25 Motion for Peter J. Carney to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 10/19/2015) (kgo)
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Filing 42
LETTER MOTION for Extension of Time to File Answer re: #6 Complaint,, addressed to Judge Colleen McMahon from Domenico G. Minerva dated 10/19/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Minerva, Domenico)
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Filing 41
WAIVER OF SERVICE RETURNED EXECUTED. Barr Pharmaceuticals, Inc. waiver sent on 10/15/2015, answer due 12/14/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Minerva, Domenico)
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Filing 40
WAIVER OF SERVICE RETURNED EXECUTED. Teva Pharmaceuticals USA, Inc. waiver sent on 10/15/2015, answer due 12/14/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Minerva, Domenico)
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Filing 39
WAIVER OF SERVICE RETURNED EXECUTED. Teva Pharmaceuticals Industries, Ltd. waiver sent on 10/15/2015, answer due 12/14/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Minerva, Domenico)
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Filing 38
NOTICE OF APPEARANCE by Jay Philip Lefkowitz on behalf of Amneal Pharmaceuticals, LLC, Sun India Pharmaceuticals Industries, Ltd., Sun Pharmaceutical Industries Ltd., Upsher-Smith Laboratories, Inc.. (Lefkowitz, Jay)
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Filing 37
ORDER granting #32 Letter Motion for Extension of Time to Answer. Reset deadlines to 1/20/2016. Dr. Reddy's Laboratories Ltd. answer due 1/20/2016; Dr. Reddy's Laboratories, Inc. answer due 1/20/2016. (Signed by Judge Colleen McMahon on 10/13/2015) (kgo)
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Filing 36
LETTER MOTION for Extension of Time to File Answer re: #6 Complaint,, addressed to Judge Colleen McMahon from Marvin A. Miller dated 10/13/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Miller, Marvin)
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Filing 35
WAIVER OF SERVICE RETURNED EXECUTED. Upsher-Smith Laboratories, Inc. waiver sent on 10/6/2015, answer due 12/7/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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Filing 34
WAIVER OF SERVICE RETURNED EXECUTED. Sun Pharmaceutical Industries Ltd. waiver sent on 10/6/2015, answer due 12/7/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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Filing 33
WAIVER OF SERVICE RETURNED EXECUTED. Amneal Pharmaceuticals, LLC waiver sent on 10/6/2015, answer due 12/7/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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Filing 32
LETTER MOTION for Extension of Time to File Answer re: #6 Complaint,, addressed to Judge Colleen McMahon from Marvin A. Miller dated 10/12/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Miller, Marvin)
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Filing 31
WAIVER OF SERVICE RETURNED EXECUTED. Dr. Reddy's Laboratories Ltd. waiver sent on 10/6/2015, answer due 12/7/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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Filing 30
WAIVER OF SERVICE RETURNED EXECUTED. Dr. Reddy's Laboratories, Inc. waiver sent on 10/6/2015, answer due 12/7/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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Filing 29
LETTER MOTION for Extension of Time to File Answer re: #6 Complaint,, addressed to Judge Colleen McMahon from Marvin A. Miller dated 10/12/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Miller, Marvin)
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Filing 28
WAIVER OF SERVICE RETURNED EXECUTED. Wockhardt USA LLC waiver sent on 10/6/2015, answer due 12/7/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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Filing 27
WAIVER OF SERVICE RETURNED EXECUTED. Wockhardt Limited waiver sent on 10/6/2015, answer due 12/7/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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Filing 26
ORDER granting #24 Letter Motion for Extension of Time to Answer. OK. All Defendants. (Signed by Judge Colleen McMahon on 10/9/2015) (spo)
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Filing 25
MOTION for Peter J. Carney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11486946. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Cobalt Laboratories, Inc., Forest Laboratories, LLC. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Carney, Peter)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Peter J. Carney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11486946. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 24
LETTER MOTION for Extension of Time to File Answer re: #6 Complaint,, addressed to Judge Colleen McMahon from Marvin A. Miller dated 10/7/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Miller, Marvin)
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Filing 23
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/20/2015 at 10:00 AM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 10/6/2015) (kgo)
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Filing 22
WAIVER OF SERVICE RETURNED EXECUTED. Forest Laboratories, LLC waiver sent on 9/9/2015, answer due 11/9/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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Filing 21
WAIVER OF SERVICE RETURNED EXECUTED. Cobalt Laboratories, Inc. waiver sent on 9/9/2015, answer due 11/9/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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Filing 20
WAIVER OF SERVICE RETURNED EXECUTED. Actavis, plc waiver sent on 9/9/2015, answer due 11/9/2015. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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Filing 19
ACKNOWLEDGMENT OF SERVICE. Teva Pharmaceuticals USA, Inc. served on 9/28/2015, answer due 10/19/2015. Service was accepted by Jennifer Ricciardi. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Safirstein, Peter)
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Filing 18
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Actavis plc, Corporate Parent Allergan plc for Cobalt Laboratories, Inc., Forest Laboratories, LLC. Document filed by Actavis, plc, Cobalt Laboratories, Inc., Forest Laboratories, LLC.(Pace, Jack)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jack Pace to RE-FILE Document #17 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
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Filing 17
FILING ERROR - NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Actavis, plc for Cobalt Laboratories, Inc.; Corporate Parent Actavis, plc for Forest Laboratories, LLC. Document filed by Actavis, plc, Cobalt Laboratories, Inc., Forest Laboratories, LLC.(Pace, Jack) Modified on 9/25/2015 (lb).
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Filing 16
NOTICE OF APPEARANCE by Martin Michael Toto on behalf of Actavis, plc, Cobalt Laboratories, Inc., Forest Laboratories, LLC. (Toto, Martin)
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Filing 15
NOTICE OF APPEARANCE by Kristen O'Shaughnessy on behalf of Actavis, plc, Cobalt Laboratories, Inc., Forest Laboratories, LLC. (O'Shaughnessy, Kristen)
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Filing 14
NOTICE OF APPEARANCE by John Mark Gidley on behalf of Actavis, plc, Cobalt Laboratories, Inc., Forest Laboratories, LLC. (Gidley, John)
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Filing 13
NOTICE OF APPEARANCE by Jack Pace on behalf of Actavis, plc, Cobalt Laboratories, Inc., Forest Laboratories, LLC. (Pace, Jack)
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Filing 12
ORDER FOR ADMISSION PRO HAC VICE granting #11 Motion for Lori A. Fanning to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 9/21/2015) (kgo)
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NOTICE OF CASE ASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (sdi)
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CASE ACCEPTED AS RELATED. Create association to 1:15-cv-04406-CM. Notice of Assignment to follow. (sdi)
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Magistrate Judge James C. Francis IV is so designated. (sdi)
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Filing 11
MOTION for Lori A. Fanning to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Text of Proposed Order)(Fanning, Lori)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Lori A. Fanning to Appear Pro Hac Vice (Corrected). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Actavis, plc, Amneal Pharmaceuticals, LLC, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Forest Laboratories, LLC, Merz Pharmaceuticals GmbH & Co. KGaA, Sun India Pharmaceuticals Industries, Ltd., Teva Pharmaceuticals Industries, Ltd., Teva Pharmaceuticals USA, Inc., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC. (laq)
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Filing 9
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Lori Ann Fanning to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11306293. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Attachments: #1 Exhibit A - Letter of Good Standing, #2 Text of Proposed Order Proposed Order for Admission Pro Hac Vice)(Fanning, Lori) Modified on 8/21/2015 (sdi).
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Filing 8
NOTICE OF APPEARANCE by Marvin Alan Miller on behalf of Sergeants Benevolent Association Health & Welfare Fund. (Miller, Marvin)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #9 MOTION for Lori Ann Fanning to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-11306293. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Actavis, plc; Forest Laboratories, LLC; Merz Pharmaceuticals GmbH & Co. KGaA; Amneal Pharmaceuticals, LLC; Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries, Ltd.; Barr Pharmaceuticals, Inc.; Cobalt Laboratories, Inc.; Upsher-Smith Laboratories, Inc.; Wockhardt Limited; Wockhardt USA LLC; Sun India Pharmaceuticals Industries, Ltd.; Dr. Reddys Laboratories Ltd.; and Dr. Reddys Laboratories, Inc., re: #6 Complaint,,. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Safirstein, Peter)
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Filing 6
COMPLAINT against Actavis, plc, Amneal Pharmaceuticals, LLC, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Forest Laboratories, LLC, Merz Pharmaceuticals GmbH & Co. KGaA, Sun India Pharmaceuticals Industries, Ltd., Teva Pharmaceuticals Industries, Ltd., Teva Pharmaceuticals USA, Inc., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Safirstein, Peter)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Peter George Safirstein to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): Parties on docket do not match parties on complaint. Re-file the pleading using the event type 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. (rch)
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***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Peter George Safirstein. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:1. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332. (rch)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): Party name on summons rider does not match party name on complaint. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (rch)
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CASE REFERRED TO Judge Colleen McMahon as possibly related to 15-cv-4406. (rch)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (rch)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Actavis, plc; Forest Laboratories, LLC; Merz Pharmaceuticals GmbH & Co. KGaA; Amneal Pharmaceuticals, LLC; Teva Pharmaceuticals USA, Inc.; Teva Pharmaceutical Industries, Ltd.; Barr Pharmaceuticals, Inc.; Cobalt Laboratories, Inc.; Upsher-Smith Laboratories, Inc.; Wockhardt Limited; Wockhardt USA LLC; Sun India Pharmaceuticals Industries, Ltd.; Dr. Reddys Laboratories Ltd.; and Dr. Reddys Laboratories, Inc., re: #1 Complaint,,. Document filed by Sergeants Benevolent Association Health & Welfare Fund. (Safirstein, Peter)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Safirstein, Peter)
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Filing 3
CIVIL COVER SHEET filed. (Safirstein, Peter)
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Filing 2
STATEMENT OF RELATEDNESS re: that this action be filed as related to 15-CV-4406. Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Safirstein, Peter)
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Filing 1
FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against Actavis, plc, Amneal Pharmaceuticals, LLC, Barr Pharmaceuticals, Inc., Cobalt Laboratories, Inc., Dr. Reddy's Laboratories Ltd., Dr. Reddy's Laboratories, Inc., Forest Laboratories, LLC, Merz Pharmaceuticals GmbH & Co. KGaA, Sun India Pharmaceuticals Industries, Ltd., Teva Pharmaceuticals Industries, Ltd., Teva Pharmaceuticals USA, Inc., Upsher-Smith Laboratories, Inc., Wockhardt Limited, Wockhardt USA LLC. (Filing Fee $ 400.00, Receipt Number 0208-11294718)Document filed by Sergeants Benevolent Association Health & Welfare Fund.(Safirstein, Peter) Modified on 8/20/2015 (rch).
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