In Re Namenda Direct Purchaser Antitrust Litigation
Plaintiff: JM Smith Corporation On behalf of itself and all others similarly situated doing business as Smith Drug Company
Defendant: Merz GmbH & Co. KGaA., Actavis, plc, Forest Laboratories LLC, Forest Laboratories, Inc., Merz Pharmaceuticals GmbH, Forest Laboratories Holdings Ltd. and Merz Pharma GmbH & Co. KGaA
Interested Party: Dr. Reddy's Laboratories, Inc., Teva Pharmaceuticals USA, Inc. and Dr. Reddy's Laboratories, Ltd.
Not Classified By Court: AmerisourceBergen Drug Corporation, Macleods Pharmaceuticals Ltd., Cardinal Health, Inc., Macleods Pharma USA, Inc., Humana Inc. and Mylan Pharmaceuticals, Inc.
Consolidated Plaintiff: Rochester Drug Co-Operative, Inc.
Case Number: 1:2015cv07488
Filed: September 22, 2015
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Robert W Lehrburger
Referring Judge: Colleen McMahon
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. ยง 15
Jury Demanded By: Both
Docket Report

This docket was last retrieved on March 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 3, 2021 Opinion or Order Filing 958 ORDER APPROVING DIRECT PURCHASER CLASS PLAINTIFFS' MOTION FOR AN ORDER OF DISTRIBUTION granting #954 Motion for Disbursement of Funds. NOW THEREFORE, IT IS HEREBY ORDERED as follows: 1. The administrative determinations of Rust concerning the claims submitted in this case as set forth Declaration of Phil Mattoon of Rust Consulting, Inc. in Support ofDirect Purchaser Class Plaintiffs' Motion for an Order of Distribution ("Rust Decl.") are hereby APPROVED. 2. Payment from the Net Settlement Fund in the amount of $52,784.79 to the claims administrator, Rust, for fees and expenses associated with the claims administration process is hereby APPROVED. 3. Payment from the Net Settlement Fund in the amount of $53,632.50 to Monument for fees and expenses associated with the claims administration process is hereby APPROVED. 4. The entire Net Settlement Fund, including all interest earned and less the payments of $52,784.79 to the claims administrator, Rust, and $53,632.50 for fees and expenses associated with the claims administration process, shall be distributed to the 59 Claimants whose claims have been accepted by Rust, who are listed in Exhibit B to the Rust Decl., or to the Claimant's designated assignee, in accordance with the Claimant's instructions. Rust shall distribute to each of the 59 Claimants whose claim has been accepted by Rust, who are listed in Exhibit B to the Rust Deel., or to the Claimant's designated assignee, in accordance with the Claimant's instructions, each Claimant's pro rata percentage share of the Net Settlement Fund, as computed by Monument, who assisted Rust in the claims administration, as further set forth in this Order. (Signed by Judge Colleen McMahon on 3/3/2021) (mml)
February 22, 2021 Filing 957 NOTICE of No Response or Opposition Having Been Filed in Response to Direct Purchaser Class Plaintiffs' Motion for an Order of Distribution re: #954 MOTION for Disbursement of Funds .. Document filed by JM Smith Corporation..(Gerstein, Bruce)
February 5, 2021 Filing 956 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated February 5, 2021 re: Declaration of Phil Mattoon of Rust Consulting, Inc. in Support of Direct Purchaser Class Plaintiffs Motion for an Order of Distribution. Document filed by JM Smith Corporation..(Litvin, Dan)
February 5, 2021 Filing 955 MEMORANDUM OF LAW in Support re: #954 MOTION for Disbursement of Funds . . Document filed by JM Smith Corporation..(Gerstein, Bruce)
February 5, 2021 Filing 954 MOTION for Disbursement of Funds . Document filed by JM Smith Corporation. (Attachments: #1 Exhibit 1 - Declaration of Phil Mattoon of Rust Consulting, Inc., #2 Exhibit 2 - Proposed Order).(Gerstein, Bruce)
February 1, 2021 Filing 953 MOTION for Daniel C. Simons to Withdraw as Attorney for Rochester Drug Co-Operative, Inc. Document filed by Rochester Drug Co-Operative, Inc...(Sorensen, David)
November 29, 2020 Filing 952 NOTICE of Withdrawal of Appearance. Document filed by JM Smith Corporation..(Litvin, Dan)
June 15, 2020 Opinion or Order Filing 951 OPINION AND ORDER REGARDING PLAINTIFFS' MOTION FOR ATTORNEYS' FEES, EXPENSES, AND INCENTIVE AWARDS: For the reasons set for above, the Court grants the motion for fees, expenses and incentive awards on part, approving awards in the following amounts: Class counsel shall be reimbursed for its expenses of $5,823,928.91. Each class representative shall receive an incentive award of $75,000. Class counsel shall collect an attorney's fees award of $69,538,016.70 out of the common settlement fund. The Clerk of Court is directed to close the motion at Docket Number 925. This shall constitute the written opinion of the Court. (Signed by Judge Colleen McMahon on 6/15/2020) (mml)
June 2, 2020 Filing 950 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/27/2020 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...Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM.(McGuirk, Kelly)
June 2, 2020 Filing 949 TRANSCRIPT of Proceedings re: CONFERNECE held on 5/27/2020 before Judge Colleen McMahon. Court Reporter/Transcriber: Khristine Sellin, (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 6/23/2020. Redacted Transcript Deadline set for 7/6/2020. Release of Transcript Restriction set for 8/31/2020.Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM.(McGuirk, Kelly)
May 27, 2020 Opinion or Order Filing 948 ORDER GRANTING FINAL JUDGMENT AND ORDER OF DISMISSAL APPROVING DIRECT PURCHASER CLASS SETTLEMENT AND DISMISSING DIRECT PURCHASER CLASS CLAIMS: 1. This Final Judgment and Order of Dismissal hereby incorporates by reference the definitions in the Settlement Agreement among Plaintiffs and Defendants, all capitalized terms used and not otherwise defined herein shall have the meanings set forth in the Settlement Agreement. 3. The Court previously appointed the Class Representatives. The Court previously appointed Bruce E. Gerstein of Garwin Gerstein & Fisher, LLP and David F. Sorensen of Berger Montague PC as Co-Lead Counsel for the Class ("Class Counsel"). The Class Representatives and Class Counsel have fairly and adequately represented the interests of the Class and satisfied the requirements of Fed. R. Civ. P. 23(g). 4. The Court has jurisdiction over these actions, each of the parties, and all members of the Class for all manifestations of this case, including this Settlement, as further set forth. 9. The Court hereby approves the Plan of Allocation of the Settlement Fund as proposed by Class Counsel (the "Plan of Allocation"), which was summarized in the Notice of Proposed Settlement, and directs Rust Consulting, Inc., the firm retained by Class Counsel as the Claims Administrator, to distribute the net Settlement Fund as provided in the Plan of Allocation. 10. All claims against Defendants in In re Namenda Direct Purchaser Antitrust Litigation, Civil Action No. 1:15-cv-07488-CM-RWL (S.D.N.Y.) (the "Class Action") are hereby dismissed with prejudice, and without costs (other than as provided herein), as further set forth. 14. Class Counsel have moved for an award of attorneys' fees, reimbursement of expenses and incentive awards for the Class Representatives. Class Counsel now request an award of attorneys' fees of 21% of the gross Settlement amount (plus a proportional share of the interest accrued thereon), reimbursement of the reasonable costs and expenses incurred in the prosecution of this action in the amount of $5,823,928.91, and incentive awards totaling $300,000 collectively for the two Class Representatives. The Court defers judgment on the Class Counsel's petition for fees, expenses, and incentive awards, as further set forth in this Order. (Signed by Judge Colleen McMahon on 5/27/2020) Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM. (mml)
May 27, 2020 Terminate Transcript Deadlines. (mml)
May 27, 2020 Minute Entry for proceedings held before Judge Colleen McMahon: Final Settlement Approval Hearing held on 5/27/2020. Telephone Hearing: The Court approved the final settlement, and reserved judgment on class counsels motion for fees, expenses, and incentive awards. Class counsel agreed to submit more detailed time records for the Courts review. Submitted By: Alex Zuckerman. (Court Reporter Khris Sellin) (mde)
May 27, 2020 Opinion or Order Filing 947 OPINION AND ORDER APPROVING THE SETTLEMENT re: (941 in 1:15-cv-07488-CM-RWL) MOTION to Approve Final Approval of Settlement filed by Rochester Drug Co-Operative, Inc., JM Smith Corporation. Accordingly, the proposed Plan of Allocation is fair and reasonable. The motion for Final Judgment and Order of Dismissal Approving Direct Purchaser Class Settlement and Dismissing Direct Purchaser Class Claims is GRANTED. The Clerk of the Court is directed to close the motions at Docket Number 941, and terminate the case. (Signed by Judge Colleen McMahon on 5/27/2020) Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM. (mml)
May 27, 2020 Case Stay Lifted. (mml)
May 13, 2020 Opinion or Order Filing 946 ORDER granting #936 Motion for Robert James Tucker to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 5/13/2020). (mde)
April 29, 2020 Opinion or Order Filing 945 AMENDED SCHEDULING ORDER FOR FINAL APPROVAL HEARING: A hearing on final approval of the Settlement (the "Fairness Hearing") was previously scheduled for 10:00 a.m., on Wednesday, May 27, 2020, at Courtroom 24A of the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York 10007. In light of the continuing COVID-19 health crisis and the resulting uncertainty about when the Southern District courthouses will be sufficiently operational to conduct in person proceedings, the Court is converting the hearing into a remote telephone proceeding. The parties are to call in on May 27, at 10:00 a.m., at: 888-363-4749; the Access Code to be entered when prompted is: 9054506. This is an open proceeding- the public and press are welcomed to listen in by calling the above number. And as set forth herein. Telephone Conference set for 5/27/2020 at 10:00 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 4/29/2020) Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM (ama)
April 24, 2020 Filing 944 NOTICE of Notice of Withdrawal of Objection to Class Counsel's Motion for Attorneys' Fees re: (932 in 1:15-cv-07488-CM-RWL) Objection (non-motion). Document filed by AmerisourceBergen Drug Corporation. Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM.(Southall, Samantha)
April 23, 2020 Filing 943 NOTICE of Withdrawal of Objection re: #930 Objection (non-motion). Document filed by Humana Inc...(Fiebig, Rebecca)
April 21, 2020 Filing 942 MEMORANDUM OF LAW in Support re: #941 MOTION to Approve Final Approval of Settlement . . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order [PROPOSED] ORDER GRANTING FINAL JUDGMENT AND ORDER OF DISMISSAL APPROVING DIRECT PURCHASER CLASS SETTLEMENT AND DISMISSING DIRECT PURCHASER CLASS CLAIMS, #2 Affidavit DECLARATION OF CLAIMS ADMINISTRATOR CONCERNING PROVISION OF SETTLEMENT NOTICE TO CLASS MEMBERS).(Gerstein, Bruce)
April 21, 2020 Filing 941 MOTION to Approve Final Approval of Settlement . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc...(Gerstein, Bruce)
April 21, 2020 Filing 940 REPLY AFFIDAVIT of Bruce E. Gerstein in Support re: #925 MOTION for Attorney Fees .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N).(Gerstein, Bruce)
April 21, 2020 Filing 939 REPLY MEMORANDUM OF LAW in Support re: #925 MOTION for Attorney Fees . CLASS COUNSELS NOTICE OF NATIONAL WHOLESALERS FEE OBJECTION WITHDRAWAL AND BRIEF IN FURTHER SUPPORT OF CLASS COUNSELS FEE REQUEST. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc...(Gerstein, Bruce)
April 6, 2020 Opinion or Order Filing 938 STIPULATION AMENDING PARAGRAPH 11 OF THE SETTLEMENT AGREEMENT: NOW, THEREFORE, the Plaintiffs and Defendants, by their undersigned counsel, do hereby stipulate and agree to amend Paragraph 11 of the Settlement Agreement, by adding the language indicated in bold italics as follows: This Settlement Agreement is not intended to release anyone other than the Releasees, is not on behalf of anyone other than the Releasors, and does not affect the claims of the proposed endpayor class or any claims relating to indirect purchases of brand or generic Namenda IR or Namenda XR, nor is it intended to release any actual or potential claims described in Paragraph 13, as further set forth. SO ORDERED. (Signed by Judge Colleen McMahon on 4/6/2020) Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM. (mml)
April 3, 2020 Filing 937 RESPONSE re: #930 Objection (non-motion) of Humana, Inc. to the Proposed Class Action Settlement. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc...(Litvin, Dan)
April 2, 2020 Filing 936 MOTION for Robert James Tucker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19315294. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Cardinal Health, Inc.. (Attachments: #1 Declaration of Robert J. Tucker in Support of Motion to Appear Pro Hac Vice, #2 Certificate of Good Standing from the Supreme Court of Ohio, #3 Text of Proposed Order).(Tucker, Robert)
April 2, 2020 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #936 MOTION for Robert James Tucker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19315294. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
April 1, 2020 Opinion or Order Filing 935 ORDER REGARDING OBJECTION TO FEE MOTION: The court is not inclined to permit expert testimony on the issue of the proposed fee award. I have issued hundreds of fee awards without every taking expert testimony on the propriety of the award, and do not think it is an issue as to which the testimony of a hired gun- for either side-would assist me in making a determination. Counsel for Objectors are perfectly capable of gathering together data on other fee awards and presenting it in the form of a brief or oral argument. They are officers of the court and can be trusted to be truthful about what fees have been awarded in similar cases- and that is the procedure that objectors ordinarily use when objecting to a fee award. I am prepared to allow Objectors to take limited discovery of Class Counsel-which they can do remotely even during this COVID-19 epidemic by serving specific written questions and receiving answers in writing under oath (which would be far more useful to the court than any oral deposition)--and to make additional arguments based on that discovery. I am not inclined to postpone the hearing. So take whatever discovery is necessary now. As the basis for the fee award is articulated in great detail in Class Counsel's motion, I cannot imagine that there should be much left to discover. For instance, Objectors' Counsel are perfectly capable of requesting, and Class Counsel is perfectly capable of providing, the itemized time records underlying the fee schedules that have been provided to the court (see Dkt. No 927, Gerstein Decl., Exs. A-F), which will allow Objectors to point out duplication, discrepancies, and the like, as further set forth. SO ORDERED. (Signed by Judge Colleen McMahon on 4/1/2020) (mml)
March 31, 2020 Filing 934 NOTICE OF APPEARANCE by Victoria Morton Rutherfurd on behalf of Cardinal Health, Inc...(Rutherfurd, Victoria)
March 30, 2020 Filing 933 NOTICE of of Motion for Extension re: (925 in 1:15-cv-07488-CM-RWL) MOTION for Attorney Fees .. Document filed by AmerisourceBergen Drug Corporation. Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM.(Southall, Samantha)
March 30, 2020 Filing 932 Objection re: (925 in 1:15-cv-07488-CM-RWL) MOTION for Attorney Fees . . Document filed by AmerisourceBergen Drug Corporation. Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM.(Southall, Samantha)
March 30, 2020 Filing 931 NOTICE OF APPEARANCE by Samantha Lee Southall on behalf of AmerisourceBergen Drug Corporation. Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM.(Southall, Samantha)
March 30, 2020 Filing 930 Objection to the Proposed Class Action Settlement. Document filed by Humana Inc.. (Attachments: #1 Notice of Intention to Appear, #2 Summary Statement).(Fiebig, Rebecca)
March 17, 2020 Filing 929 RESPONSE to Motion re: #925 MOTION for Attorney Fees . . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc...(Wilkinson, Beth)
March 13, 2020 Filing 928 DECLARATION of Charles Silver in Support re: #925 MOTION for Attorney Fees .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc...(Gerstein, Bruce)
March 13, 2020 Filing 927 DECLARATION of Bruce E. Gerstein in Support re: #925 MOTION for Attorney Fees .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (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).(Gerstein, Bruce)
March 13, 2020 Filing 926 MEMORANDUM OF LAW in Support re: #925 MOTION for Attorney Fees . . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc...(Gerstein, Bruce)
March 13, 2020 Filing 925 MOTION for Attorney Fees . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc...(Gerstein, Bruce)
January 30, 2020 Opinion or Order Filing 924 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)
January 29, 2020 Filing 923 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)
January 17, 2020 Filing 922 NOTICE of Service Pursuant to 28 U.S.C. 1715. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1 - Proof of Service, #2 Exhibit 2 - CAFA Letter)(Wilkinson, Beth)
January 9, 2020 Opinion or Order Filing 921 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) (mml)
January 6, 2020 Opinion or Order Filing 920 ORDER GRANTING DIRECT PURCHASER CLASS PLAINTIFFS' 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 granting #917 Motion to Approve. Upon review and consideration of Direct Purchaser Class Plaintiffs' 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, the exhibits thereto, and any hearing thereon, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said motion is GRANTED as follows: 4. The Court has appointed Smith Drug and RDC as representatives of the Class (the "Class Representatives"). The Court has also appointed Berger Montague PC and Garwin Gerstein & Fisher LLP as counsel for class ("Class Counsel") pursuant to Fed. R. Civ. P. 23(g). 6. The Court finds that the proposed settlement, which includes a cash payment of $750,000,000 (Seven-Hundred and Fifty Million dollars) by Defendants into an escrow account for the benefit of the Class (the "Settlement Fund") in exchange for, inter alia, dismissal of the litigation between Plaintiffs and Defendants with prejudice and releases of claims filed or that could have been filed against Defendants by Plaintiffs, as set forth in the Settlement Agreement, was arrived at by arm's-length negotiations by highly experienced counsel after three mediations, four years of litigation, and on the eve of trial, falls within the range of possibly approvable settlements. The proposed settlement is therefore hereby preliminarily approved, subject to further consideration at the Fairness Hearing provided for below, as further set forth in this Order. 14. A hearing on final approval (the "Fairness Hearing") shall be held before this Court at 10:00 AM on Wednesday, May 27, 2020, at Courtroom 24A of the United States District Court for the Southern District of New York, 500 Pearl Street, New York, New York 10007. At the Fairness Hearing, the Court will consider, inter alia: (a) the fairness, reasonableness and adequacy of the Settlement and whether the Settlement should be finally approved; (b) whether the Court should approve the proposed plan of distribution of the Settlement Fund among Class members; (c) whether the Court should approve awards of attorneys' fees and reimbursement of expenses to Class Counsel; (d) whether incentive awards should be awarded to the Named Plaintiffs; and (e) whether entry of a Final Judgment and Order terminating the litigation between Plaintiffs and Defendants should be entered. To be valid, any such Objection and/or Notice of Intention to Appear and Summary statement must be postmarked no later than March 30, 2020. Except as herein provided, no person or entity shall be entitled to contest the terms of the proposed Settlement. All persons and entities who fail to file an Objection and/or Notice of Intention to Appear as well as a Summary Statement as provided above shall be deemed to have waived any such objections by appeal, collateral attack or otherwise and will not be heard at the Fairness Hearing. 16. All briefs and materials in support of the application for an award of attorneys' fees and reimbursement of expenses, and incentive awards for the Named Plaintiffs, shall be filed with the Court by March 13, 2020. 17. All briefs and materials in support of the final approval of the settlement and the entry of Final Judgment proposed by the parties to the Settlement Agreement shall be filed with the Court by April 21, 2020. 18. All proceedings in the action between Plaintiffs and Defendants are hereby stayed until such time as the Court renders a final decision regarding the approval of the Settlement and, if the Court approves the Settlement, enters Final Judgment and dismisses such actions with prejudice, as further set forth in this Order. (Signed by Judge Colleen McMahon on 1/6/2020) (mml) Modified on 1/7/2020 (mml).
January 6, 2020 Set/Reset Deadlines: (Brief due by 4/21/2020.) Set/Reset Hearings: (Fairness Hearing set for 5/27/2020 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) (mml)
January 6, 2020 Case Stayed. (mml)
December 24, 2019 Filing 919 DECLARATION of Bruce E. Gerstein in Support re: #917 MOTION to Approve Preliminary Approval of Settlement .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit Settlement Agreement, #2 Exhibit Proposed Plan of Allocation, #3 Exhibit Declaration of Dr. Russell L. Lamb)(Gerstein, Bruce)
December 24, 2019 Filing 918 MEMORANDUM OF LAW in Support re: #917 MOTION to Approve Preliminary Approval of Settlement . . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit)(Gerstein, Bruce)
December 24, 2019 Filing 917 MOTION to Approve Preliminary Approval of Settlement . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Gerstein, Bruce)
November 20, 2019 Opinion or Order Filing 916 ORDER FOR ADMISSION PRO HAC VICE granting #870 Motion for Andrew W. Kelly 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 11/20/2019) (mml)
November 20, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (870 in 1:15-cv-07488-CM-RWL, 34 in 1:15-cv-10083-CM) MOTION for Andrew W. Kelly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17467278. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM(wb)
November 7, 2019 Filing 915 NOTICE OF CHANGE OF ADDRESS by David C Raphael, Jr on behalf of JM Smith Corporation. New Address: Smith Segura Raphael & Leger, LLP, 221 Ansley Blvd., Alexandria, Louisiana, United States 71303, 318-445-4480. (Raphael, David)
November 5, 2019 Filing 914 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/28/19 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)
November 5, 2019 Filing 913 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/28/2019 before Judge Colleen McMahon. Court Reporter/Transcriber: Kristen Carannante, (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 11/26/2019. Redacted Transcript Deadline set for 12/6/2019. Release of Transcript Restriction set for 2/3/2020.(McGuirk, Kelly)
October 28, 2019 Minute Entry for proceedings held before Judge Colleen McMahon: Settlement hearing held on 10/28/2019. Notice of Settlement Hearing: The parties advised the Court of their preliminary settlement agreement, as well as the logistics of noticing all class members. The parties agreed to submit schedule proposal for a hearing at which the Court could hear objections to the settlement terms. Submitted By: Alex Zuckerman. (Court Reporter Pamela Utter). (mde)
October 26, 2019 Filing 912 LETTER addressed to Judge Colleen McMahon from Beth Wilkinson dated October 26, 2019 re: Response to Plaintiffs' Letter ECF No. 911. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Wilkinson, Beth)
October 26, 2019 Filing 911 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated October 26, 2019 re: Admissibility of PX-0174, PX-0175, PX-0632, PX-1095, PX-1520 and PX-1636. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
October 25, 2019 Filing 910 LETTER addressed to Judge Colleen McMahon from Beth Wilkinson dated October 25, 2019 re: Proposed Voir Dire Questions. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Wilkinson, Beth)
October 25, 2019 Filing 909 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated October 25, 2019 re: Proposed Amended Voir Dire Questions. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
October 25, 2019 Filing 908 JOINT LETTER addressed to Judge Colleen McMahon from Dan Litvin dated October 25, 2019 re: Objections to Deposition Designations of Seth Silber and Eric Agovino. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Litvin, Dan)
October 24, 2019 Opinion or Order Filing 907 ORDER ON CERTAIN EVIDENTIARY MATTERS RAISED IN THE PARTIES' OCTOBER 23, 2019 AND OCTOBER 24, 2019 LETTER BRIEFS: The parties had the opportunity to raise timely objections to their adversaries' proposed exhibit lists prior to the October 10, 2019 pretrial conference, to argue those objections at the conference, and to resolve any lingering issues between the conference and the start of trial. Those negotiations, combined with this Court's rulings on certain contested issues, resulted in the amended exhibit order. (Dkt. No. 891.) Nonetheless, on October 23, 2019, Defendant Forest notified me of three areas where the parties remain at an impasse. (Dkt. No. 901.) In their response to Forest's letter the next day, Plaintiffs raised a fourth issue requiring this Court's attention. (Dkt. No. 905.) My rulings are as follows: References to Orchid's Side Deal (PX-1534): Despite removing the attachment to this exhibit, and applying the redactions which Plaintiffs' sought at the pretrial conference, Plaintiffs' now seek an additional redaction to PX-1534, to remove any reference to the Orchid "side-deal." This request is DENIED. Besides, Plaintiffs said at the conference they were "okay" admitting just the first page of PX-1534, as further set forth in this Order. (Signed by Judge Colleen McMahon on 10/24/2019) (mml)
October 24, 2019 Opinion or Order Filing 906 STIPULATION REGARDING DR. REDDY'S LABORATORIES INC. AND AMNEAL PHARMACEUTICALS, INC.: The following facts are stipulated by and between the undersigned parties through their respective counsel and can be presented to the jury as further set forth below. SO ORDERED. (Signed by Judge Colleen McMahon on 10/24/2019) Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM. (mml)
October 24, 2019 Filing 905 LETTER addressed to Judge Colleen McMahon from Bruce E. Gerstein dated October 24, 2019 re: Responding to Forest's Letter dated 10/23/2019. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Gerstein, Bruce)
October 24, 2019 Opinion or Order Filing 904 MEMO ENDORSEMENT on re: (872 in 1:15-cv-07488-CM-RWL) Order on Motion to Appear Pro Hac Vice. ENDORSEMENT: SO ORDERED. (Signed by Judge Colleen McMahon on 10/24/2019) Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM. (mml)
October 24, 2019 Filing 903 PROPOSED STIPULATION AND ORDER. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Gerstein, Bruce)
October 24, 2019 Opinion or Order Filing 902 ORDER FOR ADMISSION PRO HAC VICE granting #898 Motion for James M. Rosenthal 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 Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 10/24/2019) (mml)
October 23, 2019 Filing 901 LETTER addressed to Judge Colleen McMahon from Beth Wilkinson dated October 23, 2019 re: Outstanding Pretrial Matters. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Wilkinson, Beth)
October 23, 2019 Filing 900 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated 10/23/2019 re: Permission to Use the Court's Wireless Internet Network. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
October 21, 2019 Filing 899 LETTER addressed to Judge Colleen McMahon from Beth Wilkinson dated October 21, 2019 re: admissibility of cumulative patent-related testimony. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Wilkinson, Beth)
October 21, 2019 Filing 898 MOTION for James M. Rosenthal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-17804572. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Affidavit of James M. Rosenthal, #2 Exhibit A - DC Certificate of Good Standing, #3 Exhibit B - MD Certificate of Good Standing, #4 Text of Proposed Order)(Rosenthal, James)
October 21, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #898 MOTION for James M. Rosenthal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-17804572. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 18, 2019 Filing 897 LETTER addressed to Judge Colleen McMahon from Russell A. Chorush dated October 18, 2019 re: Admissability of Testimony of Patent Technical Experts. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (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)(Chorush, Russell)
October 18, 2019 Filing 896 LETTER addressed to Judge Colleen McMahon from Beth Wilkinson dated October 18, 2019 re: ECF No. 887 (Briefing Order). Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Wilkinson, Beth)
October 18, 2019 Filing 895 TRIAL BRIEF Plaintiffs Trial Brief Concerning The Meaning Of Large Under FTC V. Actavis, Inc.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Affidavit Declaration Of Bruce Gerstein In Support Of Plaintiffs Trial Brief Concerning The Meaning Of Large Under FTC V. Actavis, Inc., #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5)(Gerstein, Bruce)
October 18, 2019 Filing 894 LETTER addressed to Judge Colleen McMahon from Beth Wilkinson dated October 18, 2019 re: Request for Approval for Courtroom Connect and Aquipt. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit A)(Wilkinson, Beth)
October 18, 2019 Opinion or Order Filing 893 ORDER: I hereby authorize Courtroom Connect, a Southern District of New York contracted vendor, to provide Plaintiffs in the above-captioned action with internet connectivity and remote real-time transcript feeds for the duration of trial, set to begin on Monday, October 28, 2019. Courtroom Connect may make proper arrangements with the District Executive's Office and the official court reporter. The real-time transcript feed may be viewed by Plaintiffs and their counsel at Garwin Gerstein & Fisher LLP offices. SO ORDERED. (Signed by Judge Colleen McMahon on 10/18/2019) Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM. (mml)
October 18, 2019 Filing 892 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated October 18, 2019 re: Request for Approval for Courtroom Connect Services. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
October 17, 2019 Opinion or Order Filing 891 ORDER: The Court having convened the final pretrial conference and heard the parties' objections to the Phase 1 exhibits in dispute, and amended its prior order (Dkt. No. 886) according to the parties' stipulations, the following exhibits are admitted, as further set forth. (Signed by Judge Colleen McMahon on 10/17/2019) (mml)
October 17, 2019 Filing 890 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 10/10/19 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)
October 17, 2019 Filing 889 TRANSCRIPT of Proceedings re: HEARING held on 10/10/2019 before Judge Colleen McMahon. Court Reporter/Transcriber: Pamela Utter, (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 11/7/2019. Redacted Transcript Deadline set for 11/18/2019. Release of Transcript Restriction set for 1/15/2020.(McGuirk, Kelly)
October 16, 2019 Filing 888 JOINT LETTER addressed to Judge Colleen McMahon from Beth Wilkinson dated October 16, 2019 re: Admitted Exhibits. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Wilkinson, Beth)
October 15, 2019 Filing 887 REQUEST FOR BRIEFING: Counsel, I really meant it when I told Mr. Gerstein that I would hate to have you brief the issue of "large in relation to what." But I am exercising my prerogative to change my mind. If you can, by the end of the week, get me something on this question. And whatever you do, don't send me a brief that quotes a lot of language from Justice Breyer's opinion inActavis. I fear I have teased everything that I can out of the language of Actavis. I would rather know what other judges have done on this issue since Actavis (if anyone has done anything). I am also interested in your thoughts on whether Forest's decision not to waive attorney-client privilege plays into this issue. Also, please do not parse my earlier opinions looking for "rulings" that you think I might have made on this issue. I assure you that I never gave it much thought until Mr. Gerstein raised it at the Final Pre-Trial Conference. (Signed by Judge Colleen McMahon on 10/15/2019) (mml)
October 11, 2019 Opinion or Order Filing 886 ORDER: The Court having convened the final pretrial conference and heard the parties' objections to the Phase 1 exhibits in dispute, the following exhibits are admitted: (See attached Order). SO ORDERED. (Signed by Chief Judge Colleen McMahon on 10/10/2019) (jca)
October 10, 2019 Minute Entry for proceedings held before Judge Colleen McMahon: Final Pretrial Conference held on 10/10/2019. Final Pretrial Conference: The court heard argument and made rulings on the parties Phase 1 witnesses and proposed exhibits. The parties agreed to defer argument on disputed phase 2 witnesses and exhibits. The parties discussed trial scheduling logistics. Submitted By: Alex Zuckerman (Court Reporter Pamela Utter). (mde)
October 9, 2019 Filing 885 LETTER addressed to Judge Colleen McMahon from Beth A. Wilkinson dated 10/9/2019 re: Updated Exhibits and Objections. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Wilkinson, Beth)
October 9, 2019 Filing 884 LETTER addressed to Judge Colleen McMahon from Bruce E. Gerstein dated October 9, 2019 re: Summary Tables of Exhibit Objections. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Gerstein, Bruce)
October 7, 2019 Filing 883 LETTER addressed to Judge Colleen McMahon from Bruce E. Gerstein dated October 7, 2019 re: Application of Collateral Estoppel. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Gerstein, Bruce)
October 4, 2019 Filing 882 LETTER addressed to Judge Colleen McMahon from Beth Wilkinson dated October 4, 2019 re: Electronic Device Authorization. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit A)(Wilkinson, Beth)
October 3, 2019 Filing 881 LETTER addressed to Judge Colleen McMahon from Beth Wilkinson dated October 3, 2019 re: Forest's Exhibit Lists. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit A - Forest's Phase 1 Exhibit List, #2 Exhibit B - Forest's Phase 2 Exhibit List)(Wilkinson, Beth)
October 3, 2019 Filing 880 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated October 3, 2019 re: Plaintiffs' and Joint Exhibits. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
October 2, 2019 Filing 879 LETTER addressed to Judge Colleen McMahon from Bruce E. Gerstein dated October 2, 2019 re: Pretrial Conference Matters. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Gerstein, Bruce)
October 2, 2019 Filing 878 LETTER addressed to Judge Colleen McMahon from Beth A. Wilkinson dated 10/2/2019 re: Pretrial Conference Matters. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Wilkinson, Beth)
October 1, 2019 Filing 877 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated October 1, 2019 re: Electronic Devices. Document filed by JM Smith Corporation.(Litvin, Dan)
September 23, 2019 Opinion or Order Filing 876 AMENDED JOINT STIPULATION REGARDING THE EXCHANGE OF DEPOSITION DESIGNATIONS, DEMONSTRATIVES, AND WITNESS ORDERING AND PROCEDURE FOR RESOLVING OBJECTIONS: AND THEREFORE, the Parties now jointly and respectfully ask the Court to Order as follows: 1. 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 four calendar 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 Revised Joint Pre-Trial Order, except as otherwise allowed by the Court. b. No later than 9:30 AM three calendar days before the presentation of the Affirmative Designations, any opposing Party must assert any objections to the Affirmative Designations and tender any Counter Designations. c. No later than 5:00 PM three calendar days before the presentation of the Affirmative Designations, the proponent of the Affirmative Designations must assert any objections to the Counter Designations and tender any Reply Designations, and the Parties must thereafter promptly meet and confer in an effort to resolve or reduce the number of objections, as further set forth. The Parties shall exchange demonstratives to be shown to the jury during statements no later than 9:30 AM on October 24. I will hear telephone argument to resolve any objectives on October 25 as further set forth in this Order. (Signed by Judge Colleen McMahon on 9/23/2019) (mml)
September 20, 2019 Filing 875 PROPOSED STIPULATION AND ORDER. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Gerstein, Bruce)
September 20, 2019 Filing 874 JOINT LETTER addressed to Judge Colleen McMahon from Bruce E. Gerstein dated September 20, 2019 re: Certain Pre-Trial Issues. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Gerstein, Bruce)
September 11, 2019 Filing 873 NOTICE OF APPEARANCE by Aakruti Govind Vakharia on behalf of JM Smith Corporation. (Vakharia, Aakruti)
September 4, 2019 Opinion or Order Filing 872 ORDER FOR ADMISSION PRO HAC VICE granting (871) Motion for Susan C. Segura to Appear Pro Hac Vice in case 1:15-cv-07488-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 9/4/2019) Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM (mml)
August 30, 2019 Filing 871 MOTION for Susan C. Segura to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17523700. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JM Smith Corporation. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Segura, Susan)
August 30, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #871 MOTION for Susan C. Segura to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17523700. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 21, 2019 Filing 870 MOTION for Andrew W. Kelly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number NYSDC-17467278. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JM Smith Corporation.Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM(Kelly, Andrew)
August 13, 2019 Filing 869 MEMO ENDORSEMENT on re: #866 Letter, filed by Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc. ENDORSEMENT: The final pre-trial conference is now set for Thursday, 10/10/19 at 10:00a.m. Trial is scheduled for Monday, 10/28/19 at 9:30a.m. (Jury Trial set for 10/28/2019 at 09:30 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 8/13/2019) (mml)
August 13, 2019 Filing 868 MEMO ENDORSEMENT on re: #865 Letter filed by Rochester Drug Co-Operative, Inc., JM Smith Corporation. ENDORSEMENT: The final pre-trial conference is re-scheduled to Thursday, 10/10/19 at 10:00a.m. (Final Pretrial Conference set for 10/10/2019 at 10:00 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 8/13/2019) (mml)
August 13, 2019 Opinion or Order Filing 867 ORDER terminating #860 Motion. The Direct Purchaser Plaintiffs have filed a motion for clarification concerning trial phasing. (Dkt. No. 860.) Phase One of the trial will include the issues of the "pay to delay" violation, as well as of "pay to delay" causation, i.e., "fact of injury." (See Dkt. No. 859 at 19.) Phase Two of the trial will include the issues of "hard switch" liability, which pursuant to the Court's collateral estoppel ruling means "proof of an antitrust injury to Plaintiffs caused by Forest's conduct," In re Namenda Direct Purchaser Antitrust Utig, No. 15-cv-7488, 2017 WL 4358244, at* 17 (S.D.N.Y. May 23, 2017), as well as "overall damages," i.e, quantum of damages for both the "pay to delay" and "hard switch" claims. (See Dkt. 859 at 19; see also Dkt. No. 692 at 2.) It is so ordered. The Clerk of Court is respectfully requested to close the motion at Docket Number 860. (Signed by Judge Colleen McMahon on 8/13/2019) (mml)
August 13, 2019 Filing 866 LETTER addressed to Judge Colleen McMahon from Beth Wilkinson dated August 13, 2019 re: Final Pre-Trial Conference. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Wilkinson, Beth)
August 13, 2019 Filing 865 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated August 13, 2019 re: Final Pre-Trial Conference. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
August 12, 2019 Filing 864 REPLY MEMORANDUM OF LAW in Support re: #860 MOTION For Clarification Concerning Trial Phasing . . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
August 12, 2019 Opinion or Order Filing 863 ORDER SCHEDULING CASE FOR A FINAL PRETRIAL CONFERENCE: Please take notice that the above captioned matter has been scheduled for a final Pre-trial conference before the Honorable Colleen McMahon, United States District Judge, on Wednesday, October 9, 2019 at 10:00 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; See Special Rules for Bench Trials. Any scheduling difficulties must be brought to the attention of the Court in writing. Final Pretrial Conference set for 10/9/2019 at 10:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 8/12/2019) (mml)
August 9, 2019 Filing 862 MEMORANDUM OF LAW in Opposition re: #860 MOTION For Clarification Concerning Trial Phasing . . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Wilkinson, Beth)
August 9, 2019 Filing 861 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 8/30/2019. Redacted Transcript Deadline set for 9/9/2019. Release of Transcript Restriction set for 11/7/2019.(McGuirk, Kelly)
August 8, 2019 Filing 860 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION For Clarification Concerning Trial Phasing . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Memorandum of Law, #2 Proposed Order)(Hennings, Kimberly) Modified on 10/11/2019 (ldi).
August 2, 2019 Opinion or Order Filing 859 ORDER DISPOSING OF MOTIONS IN LIMINE terminating #685 Motion ; denying #721 Motion in Limine; denying #722 Motion in Limine; denying #723 Motion in Limine; denying #724 Motion in Limine; denying #725 Motion in Limine; granting in part and denying in part #726 Motion in Limine; terminating #727 Motion in Limine; terminating #728 Motion in Limine; denying #729 Motion in Limine; denying #730 Motion in Limine; denying #731 Motion in Limine; granting #732 Motion in Limine; denying as moot #733 Motion in Limine; denying #734 Motion in Limine; terminating #735 Motion in Limine; denying #736 Motion in Limine; terminating #737 Motion in Limine; terminating #756 Motion in Limine; granting #759 Motion in Limine; denying #763 Motion in Limine; granting #766 Motion in Limine; denying #769 Motion in Limine; denying #772 Motion in Limine; denying #775 Motion in Limine; denying as moot #778 Motion in Limine; denying #781 Motion in Limine; granting #784 Motion in Limine; granting in part and denying in part #787 Motion in Limine; denying as moot #789 Motion in Limine; granting #792 Motion in Limine; granting #795 Motion in Limine; terminating #799 Motion in Limine. This constitutes the decision and order of the Court. The Clerk of Court is respectfully requested to close the motions at Docket Numbers 685, 721, 722, 723, 724, 725, 726, 727, 728, 729, 730, 731, 732, 733, 734, 735, 736, 737, 756, 759, 763, 766, 769, 772, 775, 778, 781, 784, 787, 792, 795, 789, and 799. (Signed by Judge Colleen McMahon on 8/2/2019) (mml)
July 3, 2019 Opinion or Order Filing 858 MEMO ENDORSED ORDER granting (857) Motion to Withdraw as Attorney. ENDORSEMENT: Granted. Attorney Miranda Yan Jones terminated in case 1:15-cv-07488-CM-RWL. (Signed by Judge Colleen McMahon on 7/3/2019) Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM. (mml)
July 2, 2019 Filing 857 MOTION for Miranda Y. Jones to Withdraw as Attorney . Document filed by JM Smith Corporation.(Chorush, Russell)
June 21, 2019 Filing 856 RESPONSE to Motion re: #855 MOTION for Leave to File Reply Memorandum of Law in Further Support of Plaintiffs' Motion in Limine No. 1 . . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
June 17, 2019 Filing 855 MOTION for Leave to File Reply Memorandum of Law in Further Support of Plaintiffs' Motion in Limine No. 1 . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1 - Proposed Reply Memorandum)(Litvin, Dan)
June 14, 2019 Filing 854 DECLARATION of Martin Toto in Opposition re: #721 MOTION in Limine No. 1: Preclude Forest from Asserting Subjective Beliefs Concerning the '703 Patent That It Blocked During Discovery on Privilege And Work-Product Grounds.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (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)
June 14, 2019 Filing 853 MEMORANDUM OF LAW in Opposition re: #721 MOTION in Limine No. 1: Preclude Forest from Asserting Subjective Beliefs Concerning the '703 Patent That It Blocked During Discovery on Privilege And Work-Product Grounds. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
June 14, 2019 Filing 852 DECLARATION of Heather M. Burke in Opposition re: #732 MOTION in Limine No. 12: Exclude Evidence of any Party's Size or Financial Condition.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Burke, Heather)
June 14, 2019 Filing 851 MEMORANDUM OF LAW in Opposition re: #732 MOTION in Limine No. 12: Exclude Evidence of any Party's Size or Financial Condition. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Burke, Heather)
June 14, 2019 Filing 850 DECLARATION of Heather M. Burke in Opposition re: #730 MOTION in Limine No. 10: Exclude Hearsay Statements from the New York Attorney General.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Burke, Heather)
June 14, 2019 Filing 849 MEMORANDUM OF LAW in Opposition re: #730 MOTION in Limine No. 10: Exclude Hearsay Statements from the New York Attorney General. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Burke, Heather)
June 14, 2019 Filing 848 DECLARATION of Martin M. Toto in Opposition re: #728 MOTION in Limine No. 8: Preclude Forest from Asserting Improper Arguments Concerning the Size of Its Reverse Payment and Purported Saved Litigation Costs.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Toto, Martin)
June 14, 2019 Filing 847 MEMORANDUM OF LAW in Opposition re: #728 MOTION in Limine No. 8: Preclude Forest from Asserting Improper Arguments Concerning the Size of Its Reverse Payment and Purported Saved Litigation Costs. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
June 14, 2019 Filing 846 DECLARATION of Martin M. Toto in Opposition re: #727 MOTION in Limine No. 7: Preclude Improper Justifications for the Lexapro Amendment.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1)(Toto, Martin)
June 14, 2019 Filing 845 MEMORANDUM OF LAW in Opposition re: #727 MOTION in Limine No. 7: Preclude Improper Justifications for the Lexapro Amendment. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
June 14, 2019 Filing 844 DECLARATION of Martin M. Toto in Opposition re: #726 MOTION in Limine No. 6: Preclude "Litigation Risk" or "Risk Aversion" or Purported "Early Entry" as Procompetitive Justifications.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1)(Toto, Martin)
June 14, 2019 Filing 843 MEMORANDUM OF LAW in Opposition re: #726 MOTION in Limine No. 6: Preclude "Litigation Risk" or "Risk Aversion" or Purported "Early Entry" as Procompetitive Justifications. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
June 14, 2019 Filing 842 DECLARATION of Joseph Opper in Opposition re: #784 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 11., #756 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 2 to Exclude General Statistical Evidence of Outcomes in Unrelated Pharmaceutical Patent Litigations., #766 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 5 to Exclude DPP Wholesalers' Overcharge Damages Methodology., #737 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 1 to Exclude Expert Testimony that Forest's Post-Injunction Notifications Created Doubt and Confusion About the Continued Availability of Namenda IR., #759 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 3 to Exclude Irrelevant Evidence of Foreign Tribunals' Findings of Patent Invalidity for Foreign Patents Not at Issue., #792 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 13 to Preclude Prejudicial and Irrelevant Evidence and Argument Regarding Forest's Medicaid Rebate Savings., #772 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 7 to Expedite Trial by Requiring that all Live and Designated Witnesses Testify Only Once., #799 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 16 to Prevent Improper Use of the Court's Collateral Estoppel Order., #781 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 10 to Exclude Evidence and Argument Regarding the Post-Agreement Subsequent Sales History of the Lexapro Authorized Generic., #763 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 4 to Require Class Representative Rochester Drug Co-Operative to Testify at Trial or Withdraw as a Class Representative., #778 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 9 to Preclude Evidence of Speculative Less Restrictive Alternatives., #775 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 8 to Remove Privilege Redaction Labels from Trial Exhibits., #769 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 6 to Preclude Testimony by Russell Lamb Regarding Undisclosed Damages Opinions Based on Alternative Entry Dates., #787 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 12 to Preclude Plaintiffs' Expert Dr. Herrmann from Using a Claim Construction Contrary to the Settled Claim Construction of the Patent Court., #795 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 14 to Exclude the Use of Inflammatory Evidence and Argument Regarding Drug Pricing Trends and Patent Settlement Agreements., #789 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 15 to Exclude the NYAG Namenda Decisions.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (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)(Opper, Joseph)
June 14, 2019 Filing 841 MEMORANDUM OF LAW in Opposition re: #799 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 16 to Prevent Improper Use of the Court's Collateral Estoppel Order. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 14, 2019 Filing 840 MEMORANDUM OF LAW in Opposition re: #789 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 15 to Exclude the NYAG Namenda Decisions. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 14, 2019 Filing 839 MEMORANDUM OF LAW in Opposition re: #795 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 14 to Exclude the Use of Inflammatory Evidence and Argument Regarding Drug Pricing Trends and Patent Settlement Agreements. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 14, 2019 Filing 838 MEMORANDUM OF LAW in Opposition re: #792 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 13 to Preclude Prejudicial and Irrelevant Evidence and Argument Regarding Forest's Medicaid Rebate Savings. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 14, 2019 Filing 837 MEMORANDUM OF LAW in Opposition re: #787 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 12 to Preclude Plaintiffs' Expert Dr. Herrmann from Using a Claim Construction Contrary to the Settled Claim Construction of the Patent Court. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 14, 2019 Filing 836 MEMORANDUM OF LAW in Opposition re: #784 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 11. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 14, 2019 Filing 835 MEMORANDUM OF LAW in Opposition re: #781 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 10 to Exclude Evidence and Argument Regarding the Post-Agreement Subsequent Sales History of the Lexapro Authorized Generic. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 14, 2019 Filing 834 MEMORANDUM OF LAW in Opposition re: #778 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 9 to Preclude Evidence of Speculative Less Restrictive Alternatives. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 14, 2019 Filing 833 MEMORANDUM OF LAW in Opposition re: #775 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 8 to Remove Privilege Redaction Labels from Trial Exhibits. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 14, 2019 Filing 832 MEMORANDUM OF LAW in Opposition re: #772 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 7 to Expedite Trial by Requiring that all Live and Designated Witnesses Testify Only Once. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 14, 2019 Filing 831 MEMORANDUM OF LAW in Opposition re: #769 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 6 to Preclude Testimony by Russell Lamb Regarding Undisclosed Damages Opinions Based on Alternative Entry Dates. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 14, 2019 Filing 830 MEMORANDUM OF LAW in Opposition re: #766 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 5 to Exclude DPP Wholesalers' Overcharge Damages Methodology. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 14, 2019 Filing 829 MEMORANDUM OF LAW in Opposition re: #763 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 4 to Require Class Representative Rochester Drug Co-Operative to Testify at Trial or Withdraw as a Class Representative. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 14, 2019 Filing 828 MEMORANDUM OF LAW in Opposition re: #759 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 3 to Exclude Irrelevant Evidence of Foreign Tribunals' Findings of Patent Invalidity for Foreign Patents Not at Issue. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 14, 2019 Filing 827 MEMORANDUM OF LAW in Opposition re: #756 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 2 to Exclude General Statistical Evidence of Outcomes in Unrelated Pharmaceutical Patent Litigations. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 14, 2019 Filing 826 MEMORANDUM OF LAW in Opposition re: #737 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 1 to Exclude Expert Testimony that Forest's Post-Injunction Notifications Created Doubt and Confusion About the Continued Availability of Namenda IR. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 14, 2019 Filing 825 MEMORANDUM OF LAW in Opposition re: #729 MOTION in Limine No. 9: Exclude Evidence and Argument that the FTC or the Patent Court "Approved" of the Namenda Agreements. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
June 14, 2019 Filing 824 DECLARATION of Martin M. Toto in Opposition re: #723 MOTION in Limine No. 3: Preclude Forest from Offering Fact Witnesses to Change or Supplement the Rule 30(b)(6) Deposition Testimony Provided By Charles Ryan and David Solomon with Respect to Certain Key Documents.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Toto, Martin)
June 14, 2019 Filing 823 MEMORANDUM OF LAW in Opposition re: #723 MOTION in Limine No. 3: Preclude Forest from Offering Fact Witnesses to Change or Supplement the Rule 30(b)(6) Deposition Testimony Provided By Charles Ryan and David Solomon with Respect to Certain Key Documents. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
June 14, 2019 Filing 822 MEMORANDUM OF LAW in Opposition re: #722 MOTION in Limine No. 2: Preclude Use in This Case of Discovery Forest Took in The End-Payor Action Years After the Close of Discovery. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
June 14, 2019 Filing 821 DECLARATION of John Chung in Opposition re: #734 MOTION in Limine No. 14: Exclude Mention of Treble Damages, Attorneys Fees, or Costs.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 1 - Part 2, #3 Exhibit 1 - Part 3)(Chung, John)
June 14, 2019 Filing 820 MEMORANDUM OF LAW in Opposition re: #734 MOTION in Limine No. 14: Exclude Mention of Treble Damages, Attorneys Fees, or Costs. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Chung, John)
June 14, 2019 Filing 819 DECLARATION of John Chung in Opposition re: #733 MOTION in Limine No. 13: Exclude Mention of Downstream Effects.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Chung, John)
June 14, 2019 Filing 818 MEMORANDUM OF LAW in Opposition re: #733 MOTION in Limine No. 13: Exclude Mention of Downstream Effects. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Chung, John)
June 14, 2019 Filing 817 MEMORANDUM OF LAW in Opposition re: #731 MOTION in Limine No. 11: Exclude Evidence and/or Argument Regarding the Opioid Crisis and Past or Present Litigation Involving Plaintiffs. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Hamburger, Michael)
June 14, 2019 Filing 816 DECLARATION of Eric E. Lancaster in Opposition re: #736 MOTION in Limine No. 16: Preclude Reference to Forest's Expert Roderick McKelvie as "Judge" or "The Honorable".. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1- Excerpt from the Expert Report of Roderick McKelvie, dated October 1, 2017, #2 Exhibit 2- Excerpts from the Expert Report of George W. Johnston, dated September 15, 2017, #3 Exhibit 3- Plaintiff Merit Industries, Inc.s Response to JVLs In Limine Motion No. 2)(Lancaster, Eric)
June 14, 2019 Filing 815 MEMORANDUM OF LAW in Opposition re: #736 MOTION in Limine No. 16: Preclude Reference to Forest's Expert Roderick McKelvie as "Judge" or "The Honorable". . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Lancaster, Eric)
June 14, 2019 Filing 814 MEMORANDUM OF LAW in Opposition re: #735 MOTION in Limine No. 15: Preclude Forest from Relying Upon Patents Other Than the '703 Patent as Affecting Generic Namenda IR. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Lancaster, Eric)
June 14, 2019 Filing 813 MEMORANDUM OF LAW in Opposition re: #725 MOTION in Limine No. 5: To Exclude Deposition Testimony from Witnesses Deposed Only in the Namenda Patent Litigation. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Lancaster, Eric)
June 14, 2019 Filing 812 DECLARATION of Eric E. Lancaster in Opposition re: #724 MOTION in Limine No. 4: Preclude or Limit Forest's Use of Expert Opinion Testimony as a Proxy for Forest's Alleged Subjective Beliefs Regarding the Strength of the '703 Patent Where Forest Blocked All Discovery Regarding Its Subjec. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1- Excerpts from the Expert Report of Roderick McKelvie, dated October 1, 2017, #2 Exhibit 2- Excerpts from the Expert Report of Roderick McKelvie in Response to John R. Thomas, dated December 12, 2017)(Lancaster, Eric)
June 14, 2019 Filing 811 MEMORANDUM OF LAW in Opposition re: #724 MOTION in Limine No. 4: Preclude or Limit Forest's Use of Expert Opinion Testimony as a Proxy for Forest's Alleged Subjective Beliefs Regarding the Strength of the '703 Patent Where Forest Blocked All Discovery Regarding Its Subjec . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Lancaster, Eric)
June 13, 2019 Opinion or Order Filing 810 ORDER FOR ADMISSION PRO HAC VICE granting #809 Motion for Rakesh Kilaru 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 Rules governing discipline of attorneys. (Signed by Judge Colleen McMahon on 6/13/2019) (mml)
June 12, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #809 MOTION for Rakesh Kilaru to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17063296. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
June 11, 2019 Filing 809 MOTION for Rakesh Kilaru to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17063296. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Affidavit of Rakesh Kilaru, #3 Text of Proposed Order)(Kilaru, Rakesh)
June 4, 2019 Set/Reset Hearings: Jury Selection set for 10/28/2019 at 9:30 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (mde)
June 4, 2019 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)
June 3, 2019 Filing 808 NOTICE OF APPEARANCE by Chanakya Arjun Sethi on behalf of Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Sethi, Chanakya)
June 3, 2019 Filing 807 NOTICE OF APPEARANCE by Kieran Gavin Gostin on behalf of Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Gostin, Kieran)
June 3, 2019 Filing 806 NOTICE OF APPEARANCE by Beth A. Wilkinson on behalf of Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Wilkinson, Beth)
May 29, 2019 Filing 805 LETTER addressed to Judge Colleen McMahon from Bruce E. Gerstein dated May 29, 2019 re: Privilege Assertions. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Gerstein, Bruce)
May 29, 2019 Filing 804 LETTER addressed to Judge Colleen McMahon from Heather K. McDevitt dated May 29, 2019 re: the Court's May 17, 2019 letter #719 . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(McDevitt, Heather)
May 29, 2019 Filing 803 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)
May 29, 2019 Filing 802 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 Teva Pharmaceuticals USA, Inc..(Frederick, Sarah)
May 24, 2019 Filing 801 DECLARATION of Martin M. Toto in Support re: #799 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 16 to Prevent Improper Use of the Court's Collateral Estoppel Order.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Toto, Martin)
May 24, 2019 Filing 800 MEMORANDUM OF LAW in Support re: #799 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 16 to Prevent Improper Use of the Court's Collateral Estoppel Order. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
May 24, 2019 Filing 799 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 16 to Prevent Improper Use of the Court's Collateral Estoppel Order. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Toto, Martin)
May 24, 2019 Filing 798 DECLARATION of Heather M. Burke in Support re: #789 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 15 to Exclude the NYAG Namenda Decisions.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1- PX-0904, #2 Exhibit 1- Part 2, #3 Exhibit 1- Part 3, #4 Exhibit 2- PX-0903, #5 Exhibit 3- DTX-026)(Burke, Heather)
May 24, 2019 Filing 797 DECLARATION of Heather M. Burke in Support re: #795 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 14 to Exclude the Use of Inflammatory Evidence and Argument Regarding Drug Pricing Trends and Patent Settlement Agreements.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, Part 1, #3 Exhibit 2, Part 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Burke, Heather)
May 24, 2019 Filing 796 MEMORANDUM OF LAW in Support re: #795 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 14 to Exclude the Use of Inflammatory Evidence and Argument Regarding Drug Pricing Trends and Patent Settlement Agreements. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Burke, Heather)
May 24, 2019 Filing 795 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 14 to Exclude the Use of Inflammatory Evidence and Argument Regarding Drug Pricing Trends and Patent Settlement Agreements. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Burke, Heather)
May 24, 2019 Filing 794 DECLARATION of Martin M. Toto in Support re: #792 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 13 to Preclude Prejudicial and Irrelevant Evidence and Argument Regarding Forest's Medicaid Rebate Savings.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Toto, Martin)
May 24, 2019 Filing 793 MEMORANDUM OF LAW in Support re: #792 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 13 to Preclude Prejudicial and Irrelevant Evidence and Argument Regarding Forest's Medicaid Rebate Savings. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
May 24, 2019 Filing 792 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 13 to Preclude Prejudicial and Irrelevant Evidence and Argument Regarding Forest's Medicaid Rebate Savings. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Toto, Martin)
May 24, 2019 Filing 791 DECLARATION of Eric E. Lancaster in Support re: #787 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 12 to Preclude Plaintiffs' Expert Dr. Herrmann from Using a Claim Construction Contrary to the Settled Claim Construction of the Patent Court.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Lancaster, Eric)
May 24, 2019 Filing 790 MEMORANDUM OF LAW in Support re: #789 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 15 to Exclude the NYAG Namenda Decisions. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Burke, Heather)
May 24, 2019 Filing 789 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 15 to Exclude the NYAG Namenda Decisions. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Burke, Heather)
May 24, 2019 Filing 788 MEMORANDUM OF LAW in Support re: #787 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 12 to Preclude Plaintiffs' Expert Dr. Herrmann from Using a Claim Construction Contrary to the Settled Claim Construction of the Patent Court. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Lancaster, Eric)
May 24, 2019 Filing 787 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 12 to Preclude Plaintiffs' Expert Dr. Herrmann from Using a Claim Construction Contrary to the Settled Claim Construction of the Patent Court. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Lancaster, Eric)
May 24, 2019 Filing 786 DECLARATION of Eric E. Lancaster in Support re: #784 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 11.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1- Excerpts from the Report of Dr. Nathan Herrmann, dated September 13, 2017, #2 Exhibit 2- Pages from the November 2, 2017 deposition of Dr. Nathan Herrmann, #3 Exhibit 3- Mylan ANDA Module 1.14.2.3 Final Labeling Text, #4 Exhibit 4- Excerpt from the Declaration of James J. Lah, M.D., Ph.D., dated September 8, 2014, #5 Exhibit 5- Excerpt from the Declaration of Alan R. Jacobs, M.D., dated October 20, 2014, #6 Exhibit 6- Excerpt from the Declaration of Dr. Bruce D. Kohrman, M.D., dated October 17, 2014, #7 Exhibit 7- Excerpt from the Declaration of Barry Reisberg, M.D., dated October 20, 2014, #8 Exhibit 8- Excerpt from the Declaration of Barry Rovner, M.D., dated October 20, 2014)(Lancaster, Eric)
May 24, 2019 Filing 785 MEMORANDUM OF LAW in Support re: #784 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 11. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Lancaster, Eric)
May 24, 2019 Filing 784 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 11. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Lancaster, Eric)
May 24, 2019 Filing 783 DECLARATION of Martin M. Toto in Support re: #781 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 10 to Exclude Evidence and Argument Regarding the Post-Agreement Subsequent Sales History of the Lexapro Authorized Generic.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1)(Toto, Martin)
May 24, 2019 Filing 782 MEMORANDUM OF LAW in Support re: #781 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 10 to Exclude Evidence and Argument Regarding the Post-Agreement Subsequent Sales History of the Lexapro Authorized Generic. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
May 24, 2019 Filing 781 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 10 to Exclude Evidence and Argument Regarding the Post-Agreement Subsequent Sales History of the Lexapro Authorized Generic. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Toto, Martin)
May 24, 2019 Filing 780 DECLARATION of Martin M. Toto in Support re: #778 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 9 to Preclude Evidence of Speculative Less Restrictive Alternatives.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Errata 4)(Toto, Martin)
May 24, 2019 Filing 779 MEMORANDUM OF LAW in Support re: #778 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 9 to Preclude Evidence of Speculative Less Restrictive Alternatives. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
May 24, 2019 Filing 778 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 9 to Preclude Evidence of Speculative Less Restrictive Alternatives. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Toto, Martin)
May 24, 2019 Filing 777 DECLARATION of Heather M. Burke in Support re: #775 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 8 to Remove Privilege Redaction Labels from Trial Exhibits.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1- PX-0206 (FRX-AT-04617640), #2 Exhibit 2- DTX-311 (FRX-AT-04283764))(Burke, Heather)
May 24, 2019 Filing 776 MEMORANDUM OF LAW in Support re: #775 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 8 to Remove Privilege Redaction Labels from Trial Exhibits. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Burke, Heather)
May 24, 2019 Filing 775 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 8 to Remove Privilege Redaction Labels from Trial Exhibits. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Burke, Heather)
May 24, 2019 Filing 774 DECLARATION of Heather M. Burke in Support re: #772 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 7 to Expedite Trial by Requiring that all Live and Designated Witnesses Testify Only Once.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1)(Burke, Heather)
May 24, 2019 Filing 773 MEMORANDUM OF LAW in Support re: #772 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 7 to Expedite Trial by Requiring that all Live and Designated Witnesses Testify Only Once. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Burke, Heather)
May 24, 2019 Filing 772 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 7 to Expedite Trial by Requiring that all Live and Designated Witnesses Testify Only Once. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Burke, Heather)
May 24, 2019 Filing 771 DECLARATION of John Chung in Support re: #769 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 6 to Preclude Testimony by Russell Lamb Regarding Undisclosed Damages Opinions Based on Alternative Entry Dates.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Chung, John)
May 24, 2019 Filing 770 MEMORANDUM OF LAW in Support re: #769 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 6 to Preclude Testimony by Russell Lamb Regarding Undisclosed Damages Opinions Based on Alternative Entry Dates. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Chung, John)
May 24, 2019 Filing 769 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 6 to Preclude Testimony by Russell Lamb Regarding Undisclosed Damages Opinions Based on Alternative Entry Dates. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Chung, John)
May 24, 2019 Filing 768 DECLARATION of John Chung in Support re: #766 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 5 to Exclude DPP Wholesalers' Overcharge Damages Methodology.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1- Excerpts of the Expert Report of Pierre-Yves Cremieux, dated October 9, 2017, #2 Exhibit 2- Excerpts from the deposition of Jim Benton, dated July 19, 2017, #3 Exhibit 3- Prime Vendor Agreement between Cardinal Health and Freds Stores of Tennessee)(Chung, John)
May 24, 2019 Filing 767 MEMORANDUM OF LAW in Support re: #766 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 5 to Exclude DPP Wholesalers' Overcharge Damages Methodology. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Chung, John)
May 24, 2019 Filing 766 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 5 to Exclude DPP Wholesalers' Overcharge Damages Methodology. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Chung, John)
May 24, 2019 Filing 765 DECLARATION of Michael E. Hamburger in Support re: #763 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 4 to Require Class Representative Rochester Drug Co-Operative to Testify at Trial or Withdraw as a Class Representative.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1, Part 1, #2 Exhibit 1, Part 2, #3 Exhibit 1, Part 3, #4 Exhibit 1, Part 4, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5)(Hamburger, Michael)
May 24, 2019 Filing 764 MEMORANDUM OF LAW in Support re: #763 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 4 to Require Class Representative Rochester Drug Co-Operative to Testify at Trial or Withdraw as a Class Representative. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Hamburger, Michael)
May 24, 2019 Filing 763 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 4 to Require Class Representative Rochester Drug Co-Operative to Testify at Trial or Withdraw as a Class Representative. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Hamburger, Michael)
May 24, 2019 Filing 762 DECLARATION of Eric E. Lancaster in Support re: #759 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 3 to Exclude Irrelevant Evidence of Foreign Tribunals' Findings of Patent Invalidity for Foreign Patents Not at Issue.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1)(Lancaster, Eric)
May 24, 2019 Filing 761 DECLARATION of Dan Litvin in Support re: #723 MOTION in Limine No. 3: Preclude Forest from Offering Fact Witnesses to Change or Supplement the Rule 30(b)(6) Deposition Testimony Provided By Charles Ryan and David Solomon with Respect to Certain Key Documents., #732 MOTION in Limine No. 12: Exclude Evidence of any Party's Size or Financial Condition., #726 MOTION in Limine No. 6: Preclude "Litigation Risk" or "Risk Aversion" or Purported "Early Entry" as Procompetitive Justifications., #731 MOTION in Limine No. 11: Exclude Evidence and/or Argument Regarding the Opioid Crisis and Past or Present Litigation Involving Plaintiffs., #725 MOTION in Limine No. 5: To Exclude Deposition Testimony from Witnesses Deposed Only in the Namenda Patent Litigation., #733 MOTION in Limine No. 13: Exclude Mention of Downstream Effects., #722 MOTION in Limine No. 2: Preclude Use in This Case of Discovery Forest Took in The End-Payor Action Years After the Close of Discovery., #729 MOTION in Limine No. 9: Exclude Evidence and Argument that the FTC or the Patent Court "Approved" of the Namenda Agreements., #724 MOTION in Limine No. 4: Preclude or Limit Forest's Use of Expert Opinion Testimony as a Proxy for Forest's Alleged Subjective Beliefs Regarding the Strength of the '703 Patent Where Forest Blocked All Discovery Regarding Its Subjec, #728 MOTION in Limine No. 8: Preclude Forest from Asserting Improper Arguments Concerning the Size of Its Reverse Payment and Purported Saved Litigation Costs., #730 MOTION in Limine No. 10: Exclude Hearsay Statements from the New York Attorney General., #721 MOTION in Limine No. 1: Preclude Forest from Asserting Subjective Beliefs Concerning the '703 Patent That It Blocked During Discovery on Privilege And Work-Product Grounds., #734 MOTION in Limine No. 14: Exclude Mention of Treble Damages, Attorneys Fees, or Costs., #736 MOTION in Limine No. 16: Preclude Reference to Forest's Expert Roderick McKelvie as "Judge" or "The Honorable"., #735 MOTION in Limine No. 15: Preclude Forest from Relying Upon Patents Other Than the '703 Patent as Affecting Generic Namenda IR., #727 MOTION in Limine No. 7: Preclude Improper Justifications for the Lexapro Amendment.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Ex 1, #2 Ex 2, #3 Ex 3, #4 Ex 4, #5 Ex 5, #6 Ex 6, #7 Ex 7, #8 Ex 8, #9 Ex 9, #10 Ex 10, #11 Ex 11, #12 Ex 12, #13 Ex 13, #14 Ex 14, #15 Ex 15, #16 Ex 16, #17 Ex 17, #18 Ex 18, #19 Ex 19, #20 Ex 20, #21 Ex 21, #22 Ex 22, #23 Ex 23, #24 Ex 24, #25 Ex 25, #26 Ex 26, #27 Ex 27, #28 Ex 28, #29 Ex 29, #30 Ex 30, #31 Ex 31, #32 Ex 32, #33 Ex 33, #34 Ex 34, #35 Ex 35, #36 Ex 36, #37 Ex 37, #38 Ex 38, #39 Ex 39, #40 Ex 40, #41 Ex 41, #42 Ex 42, #43 Ex 43, #44 Ex 44, #45 Ex 45)(Litvin, Dan)
May 24, 2019 Filing 760 MEMORANDUM OF LAW in Support re: #759 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 3 to Exclude Irrelevant Evidence of Foreign Tribunals' Findings of Patent Invalidity for Foreign Patents Not at Issue. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Lancaster, Eric)
May 24, 2019 Filing 759 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 3 to Exclude Irrelevant Evidence of Foreign Tribunals' Findings of Patent Invalidity for Foreign Patents Not at Issue. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Lancaster, Eric)
May 24, 2019 Filing 758 DECLARATION of Eric E. Lancaster in Support re: #756 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 2 to Exclude General Statistical Evidence of Outcomes in Unrelated Pharmaceutical Patent Litigations.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1- Excerpts from the Expert Report of George W. Johnston, dated September 15, 2017)(Lancaster, Eric)
May 24, 2019 Filing 757 MEMORANDUM OF LAW in Support re: #756 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 2 to Exclude General Statistical Evidence of Outcomes in Unrelated Pharmaceutical Patent Litigations. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Lancaster, Eric)
May 24, 2019 Filing 756 MOTION in Limine /Forest's Notice of Motion and Motion in Limine 2 to Exclude General Statistical Evidence of Outcomes in Unrelated Pharmaceutical Patent Litigations. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Lancaster, Eric)
May 24, 2019 Filing 755 DECLARATION of John Chung in Support re: #737 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 1 to Exclude Expert Testimony that Forest's Post-Injunction Notifications Created Doubt and Confusion About the Continued Availability of Namenda IR.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (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)(Chung, John)
May 24, 2019 Filing 754 MEMORANDUM OF LAW in Support re: #736 MOTION in Limine No. 16: Preclude Reference to Forest's Expert Roderick McKelvie as "Judge" or "The Honorable". . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 24, 2019 Filing 753 MEMORANDUM OF LAW in Support re: #735 MOTION in Limine No. 15: Preclude Forest from Relying Upon Patents Other Than the '703 Patent as Affecting Generic Namenda IR. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 24, 2019 Filing 752 MEMORANDUM OF LAW in Support re: #734 MOTION in Limine No. 14: Exclude Mention of Treble Damages, Attorneys Fees, or Costs. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 24, 2019 Filing 751 MEMORANDUM OF LAW in Support re: #733 MOTION in Limine No. 13: Exclude Mention of Downstream Effects. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 24, 2019 Filing 750 MEMORANDUM OF LAW in Support re: #732 MOTION in Limine No. 12: Exclude Evidence of any Party's Size or Financial Condition. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 24, 2019 Filing 749 MEMORANDUM OF LAW in Support re: #731 MOTION in Limine No. 11: Exclude Evidence and/or Argument Regarding the Opioid Crisis and Past or Present Litigation Involving Plaintiffs. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 24, 2019 Filing 748 MEMORANDUM OF LAW in Support re: #730 MOTION in Limine No. 10: Exclude Hearsay Statements from the New York Attorney General. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 24, 2019 Filing 747 MEMORANDUM OF LAW in Support re: #729 MOTION in Limine No. 9: Exclude Evidence and Argument that the FTC or the Patent Court "Approved" of the Namenda Agreements. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 24, 2019 Filing 746 MEMORANDUM OF LAW in Support re: #728 MOTION in Limine No. 8: Preclude Forest from Asserting Improper Arguments Concerning the Size of Its Reverse Payment and Purported Saved Litigation Costs. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 24, 2019 Filing 745 MEMORANDUM OF LAW in Support re: #727 MOTION in Limine No. 7: Preclude Improper Justifications for the Lexapro Amendment. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 24, 2019 Filing 744 MEMORANDUM OF LAW in Support re: #726 MOTION in Limine No. 6: Preclude "Litigation Risk" or "Risk Aversion" or Purported "Early Entry" as Procompetitive Justifications. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 24, 2019 Filing 743 MEMORANDUM OF LAW in Support re: #725 MOTION in Limine No. 5: To Exclude Deposition Testimony from Witnesses Deposed Only in the Namenda Patent Litigation. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 24, 2019 Filing 742 MEMORANDUM OF LAW in Support re: #724 MOTION in Limine No. 4: Preclude or Limit Forest's Use of Expert Opinion Testimony as a Proxy for Forest's Alleged Subjective Beliefs Regarding the Strength of the '703 Patent Where Forest Blocked All Discovery Regarding Its Subjec . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 24, 2019 Filing 741 MEMORANDUM OF LAW in Support re: #723 MOTION in Limine No. 3: Preclude Forest from Offering Fact Witnesses to Change or Supplement the Rule 30(b)(6) Deposition Testimony Provided By Charles Ryan and David Solomon with Respect to Certain Key Documents. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 24, 2019 Filing 740 MEMORANDUM OF LAW in Support re: #722 MOTION in Limine No. 2: Preclude Use in This Case of Discovery Forest Took in The End-Payor Action Years After the Close of Discovery. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 24, 2019 Filing 739 MEMORANDUM OF LAW in Support re: #721 MOTION in Limine No. 1: Preclude Forest from Asserting Subjective Beliefs Concerning the '703 Patent That It Blocked During Discovery on Privilege And Work-Product Grounds. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 24, 2019 Filing 738 MEMORANDUM OF LAW in Support re: #737 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 1 to Exclude Expert Testimony that Forest's Post-Injunction Notifications Created Doubt and Confusion About the Continued Availability of Namenda IR. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Chung, John)
May 24, 2019 Filing 737 MOTION in Limine / Forest's Notice of Motion and Motion in Limine 1 to Exclude Expert Testimony that Forest's Post-Injunction Notifications Created Doubt and Confusion About the Continued Availability of Namenda IR. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Chung, John)
May 24, 2019 Filing 736 MOTION in Limine No. 16: Preclude Reference to Forest's Expert Roderick McKelvie as "Judge" or "The Honorable". Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 24, 2019 Filing 735 MOTION in Limine No. 15: Preclude Forest from Relying Upon Patents Other Than the '703 Patent as Affecting Generic Namenda IR. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 24, 2019 Filing 734 MOTION in Limine No. 14: Exclude Mention of Treble Damages, Attorneys Fees, or Costs. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 24, 2019 Filing 733 MOTION in Limine No. 13: Exclude Mention of Downstream Effects. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 24, 2019 Filing 732 MOTION in Limine No. 12: Exclude Evidence of any Party's Size or Financial Condition. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 24, 2019 Filing 731 MOTION in Limine No. 11: Exclude Evidence and/or Argument Regarding the Opioid Crisis and Past or Present Litigation Involving Plaintiffs. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 24, 2019 Filing 730 MOTION in Limine No. 10: Exclude Hearsay Statements from the New York Attorney General. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 24, 2019 Filing 729 MOTION in Limine No. 9: Exclude Evidence and Argument that the FTC or the Patent Court "Approved" of the Namenda Agreements. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 24, 2019 Filing 728 MOTION in Limine No. 8: Preclude Forest from Asserting Improper Arguments Concerning the Size of Its Reverse Payment and Purported Saved Litigation Costs. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 24, 2019 Filing 727 MOTION in Limine No. 7: Preclude Improper Justifications for the Lexapro Amendment. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 24, 2019 Filing 726 MOTION in Limine No. 6: Preclude "Litigation Risk" or "Risk Aversion" or Purported "Early Entry" as Procompetitive Justifications. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 24, 2019 Filing 725 MOTION in Limine No. 5: To Exclude Deposition Testimony from Witnesses Deposed Only in the Namenda Patent Litigation. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 24, 2019 Filing 724 MOTION in Limine No. 4: Preclude or Limit Forest's Use of Expert Opinion Testimony as a Proxy for Forest's Alleged Subjective Beliefs Regarding the Strength of the '703 Patent Where Forest Blocked All Discovery Regarding Its Subjective Beliefs or State of Mind. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 24, 2019 Filing 723 MOTION in Limine No. 3: Preclude Forest from Offering Fact Witnesses to Change or Supplement the Rule 30(b)(6) Deposition Testimony Provided By Charles Ryan and David Solomon with Respect to Certain Key Documents. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 24, 2019 Filing 722 MOTION in Limine No. 2: Preclude Use in This Case of Discovery Forest Took in The End-Payor Action Years After the Close of Discovery. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 24, 2019 Filing 721 MOTION in Limine No. 1: Preclude Forest from Asserting Subjective Beliefs Concerning the '703 Patent That It Blocked During Discovery on Privilege And Work-Product Grounds. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 21, 2019 Opinion or Order Filing 720 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)
May 17, 2019 Opinion or Order Filing 719 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)
May 13, 2019 Filing 718 DECLARATION of Declaration of Martin M. Toto in Support re: #694 MOTION for Leave to Supplement the Expert Reports of the Honorable Roderick McKelvie and Dr. Lona Fowdur .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit J, #2 Exhibit K, #3 Exhibit L, #4 Exhibit M, #5 Exhibit N, #6 Exhibit O)(Toto, Martin)
May 13, 2019 Filing 717 REPLY MEMORANDUM OF LAW in Support re: #694 MOTION for Leave to Supplement the Expert Reports of the Honorable Roderick McKelvie and Dr. Lona Fowdur . . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
May 8, 2019 Filing 716 DECLARATION of Martin M. Toto in Support re: #691 MOTION to Bifurcate /Forest's Motion to Bifurcate Trial into Two Phases.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Toto, Martin)
May 8, 2019 Filing 715 REPLY MEMORANDUM OF LAW in Support re: #691 MOTION to Bifurcate /Forest's Motion to Bifurcate Trial into Two Phases. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
May 6, 2019 Filing 714 DECLARATION of Dan Litvin in Opposition re: #694 MOTION for Leave to Supplement the Expert Reports of the Honorable Roderick McKelvie and Dr. Lona Fowdur .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (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)(Litvin, Dan)
May 6, 2019 Filing 713 MEMORANDUM OF LAW in Opposition re: #694 MOTION for Leave to Supplement the Expert Reports of the Honorable Roderick McKelvie and Dr. Lona Fowdur . . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 6, 2019 Filing 712 DECLARATION of Dan Litvin [REFILED TO CORRECT PREVIOUSLY MISFILED DECLARATION (ECF NO 711)) in Opposition re: #691 MOTION to Bifurcate /Forest's Motion to Bifurcate Trial into Two Phases.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (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)(Litvin, Dan)
May 3, 2019 Filing 711 DECLARATION of Dan Litvin in Opposition re: #691 MOTION to Bifurcate /Forest's Motion to Bifurcate Trial into Two Phases.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (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)(Litvin, Dan)
May 3, 2019 Filing 710 MEMORANDUM OF LAW in Opposition re: #691 MOTION to Bifurcate /Forest's Motion to Bifurcate Trial into Two Phases. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 2, 2019 Opinion or Order Filing 709 ORDER FOR ADMISSION PRO HAC VICE granting #707 Motion for Eric Grannon 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 5/2/2019) (mml)
May 2, 2019 Opinion or Order Filing 708 ORDER FOR ADMISSION PRO HAC VICE granting #705 Motion for Eric E. Lancaster 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 5/2/2019) (mml)
May 2, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #707 MOTION for Eric Grannon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16803580. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
May 1, 2019 Filing 707 MOTION for Eric Grannon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16803580. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Affidavit, #2 DC Certificate of Good Standing, #3 Maryland Certificate of Good Standing, #4 Text of Proposed Order)(Grannon, Eric)
May 1, 2019 Opinion or Order Filing 706 REVISED JOINT PRETRIAL ORDER: The parties having conferred among themselves and with the Court pursuant to Federal Rule of Civil Procedure 16, the following statements, directions and agreements are adopted as the Pretrial Order herein. The parties note that any Court decision on forthcoming Motions in Limine and other motions may alter the scope of the case and thus, may warrant revising portions of this pretrial order, including the issues to be tried, the parties' exhibits, the parties' witness lists, the parties' deposition designations, the parties' contentions, and the parties' jury instructions. The parties agree that the case shall be tried by a jury. The parties estimate that the trial will take approximately six (6) weeks. The parties request that trial be conducted using a chess clock and that each side be allocated 60 hours each, not including opening and closing arguments, as further set forth in this Order. (Signed by Judge Colleen McMahon on 5/1/2019) (mml)
May 1, 2019 Filing 705 MOTION for Eric E. Lancaster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16799848. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Affidavit in Support of Motion for Admission of Eric E. Lancaster Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Lancaster, Eric)
May 1, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #705 MOTION for Eric E. Lancaster to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16799848. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 30, 2019 Filing 704 NOTICE of Proposed Verdict Form and Jury Charges. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1 to Proposed Verdict Form and Jury Charges, #2 Exhibit 2 to Proposed Verdict Form and Jury Charges, #3 Exhibit A to Exhibit 2, #4 Exhibit B to Exhibit 2, #5 Exhibit C to Exhibit 2, #6 Exhibit D to Exhibit 2, #7 Exhibit E to Exhibit 2, #8 Exhibit F to Exhibit 2, #9 Exhibit G to Exhibit 2, #10 Exhibit H to Exhibit 2, #11 Exhibit I to Exhibit 2, #12 Exhibit J to Exhibit 2)(Toto, Martin)
April 30, 2019 Filing 703 PROPOSED VOIR DIRE QUESTIONS. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(O'Shaughnessy, Kristen)
April 30, 2019 Filing 702 NOTICE of Filing of Proposed Verdict Form. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1 - Plaintiffs' Proposed Verdict Form)(Litvin, Dan)
April 30, 2019 Filing 701 PROPOSED JURY INSTRUCTIONS. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
April 30, 2019 Filing 700 PROPOSED VOIR DIRE QUESTIONS. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
April 30, 2019 Filing 699 PROPOSED PRE-TRIAL ORDER. Document filed by JM Smith Corporation, Mylan Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1 - Plaintiffs' Contentions, #2 Exhibit 2 - Defendants' Contentions, #3 Exhibit 3 - Plaintiffs Exhibit List, #4 Exhibit 4 - Defendants' Exhibit List, #5 Exhibit 5 - Deposition Designations and Objections) (Litvin, Dan)
April 30, 2019 Filing 698 NOTICE OF APPEARANCE by Christopher Mark Curran on behalf of Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Curran, Christopher)
April 30, 2019 Opinion or Order Filing 697 STIPULATION AND ORDER REGARDING USE OF EXPERT RELIANCE MATERIALS AT TRIAL: NOW, THEREFORE, it is hereby stipulated by and between the undersigned parties through their respective counsel, as follows: 1. The parties need not include on their trial exhibit list all of the materials identified in their experts' reports as material that the expert relied on, reviewed, or cited ("Expert Reliance Materials"). Each party's experts may testify to the opinions offered in their reports notwithstanding the fact that the Expert Reliance Materials are not included on the trial exhibit list. Nothing in this provision shall constitute a waiver of any objections the opposing party may have to the Expert Reliance Materials, as further set forth in this Order. (Signed by Judge Colleen McMahon on 4/30/2019) (mml)
April 29, 2019 Filing 696 DECLARATION of Martin M. Toto in Support re: #694 MOTION for Leave to Supplement the Expert Reports of the Honorable Roderick McKelvie and Dr. Lona Fowdur .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (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)(Toto, Martin)
April 29, 2019 Filing 695 MEMORANDUM OF LAW in Support re: #694 MOTION for Leave to Supplement the Expert Reports of the Honorable Roderick McKelvie and Dr. Lona Fowdur . . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
April 29, 2019 Filing 694 MOTION for Leave to Supplement the Expert Reports of the Honorable Roderick McKelvie and Dr. Lona Fowdur . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Toto, Martin)
April 29, 2019 Filing 693 JOINT LETTER addressed to Judge Colleen McMahon from Martin M. Toto dated April 29, 2019 re: Stipulation and Proposed Order Regarding Use of Expert Reliance Materials at Trial. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit A- Stipulation and Proposed Order Regarding Use of Expert Reliance Materials at Trial)(Toto, Martin)
April 19, 2019 Filing 692 MEMORANDUM OF LAW in Support re: #691 MOTION to Bifurcate /Forest's Motion to Bifurcate Trial into Two Phases. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
April 19, 2019 Filing 691 MOTION to Bifurcate /Forest's Motion to Bifurcate Trial into Two Phases. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Text of Proposed Order)(Toto, Martin)
March 27, 2019 Filing 690 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/15/19 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)
March 27, 2019 Filing 689 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/15/2019 before Judge Colleen McMahon. Court Reporter/Transcriber: Sonya Ketter Moore, (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 4/17/2019. Redacted Transcript Deadline set for 4/29/2019. Release of Transcript Restriction set for 6/25/2019.(McGuirk, Kelly)
March 15, 2019 Opinion or Order Filing 688 SCHEDULING ORDER: The court, having been advised that mediation did not result in a resolution of this case, sets the following schedule for trial: The Joint Pre-Trial Order needs to be updated to reflect subsequent decisions by this court. A revised JPTO must be submitted by April 30, 2019. Motions in limine, prepared in accordance with the court's individual rules, must be submitted by May 24, 2019. Each such motion to be made under a separate notice of motion. I take page limits seriously. No footnotes whatever. Responses to motions in limine must be submitted by June 14, 2019. Same rules - page limits to be observed, no footnotes whatever. The trial will commence on Monday, October 21, 2019. Each side will have a limited number of hours to present its case; the court will set an appropriate limit after reviewing the Revised Joint Pre-Trial Order, as further set forth in this Order. Motions due by 5/24/2019. Responses due by 6/14/2019. Pretrial Order due by 4/30/2019. (Signed by Judge Colleen McMahon on 3/15/2019) (mml)
March 15, 2019 Minute Entry for proceedings held before Judge Colleen McMahon: Status Conference held on 3/15/2019. Decision: Status conference held; trial scheduled. Please refer to Scheduling Order.Submitted by: Elizabeth Brody. (Court Reporter Sonya Moore). (mde)
March 14, 2019 Filing 687 MEMORANDUM OF LAW in Support re: #685 MOTION TO ENFORCE FORESTS ELECTION AGAINST RELYING ON ITS SUBJECTIVE BELIEFS AND TO PRECLUDE AN ELEVENTH-HOUR CHANGE . . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
March 14, 2019 Filing 686 DECLARATION of Dan Litvin in Support re: #685 MOTION TO ENFORCE FORESTS ELECTION AGAINST RELYING ON ITS SUBJECTIVE BELIEFS AND TO PRECLUDE AN ELEVENTH-HOUR CHANGE .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (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)(Litvin, Dan)
March 14, 2019 Filing 685 MOTION TO ENFORCE FORESTS ELECTION AGAINST RELYING ON ITS SUBJECTIVE BELIEFS AND TO PRECLUDE AN ELEVENTH-HOUR CHANGE . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
March 14, 2019 Opinion or Order Filing 684 ORDER: The court's law clerk was emailed a copy of a motion bearing the ridiculous title "Motion to Enforce Forest's Election Against Relying on its Subjective Beliefs and To Preclude an Eleventh Hour Change." The document was not filed on ECF, ostensibly because it contains confidential material. I have read the document emailed to my chambers. I am directing that it be filed immediately on ECF. There is nothing whatever in it that should be withheld from the public. It is being filed without redaction and without sealing. As the parties will learn tomorrow morning that their conference, no document hereinafter filed in this lawsuit will be allowed to be filed either under seal or in redacted form. At that time the parties will be given their trial date and marching orders. I will treat this application as a prematurely-filed motion in limine. However, I would suggest that it be made at the appropriate time and restyled as a request for an adverse inference. Discovery will not be reopened in this case. No party who has filed to respond to discovery requests on the ground of privilege will be permitted to assert an argument or to offer evidence that should have been the subject of discovery. I am of the belief that Forest's understanding of the strength of its patent is highly relevant to this case; but if Forest has not answered questions or produced documents on that subject during discovery, Forest will not be permitted to offer any evidence on the point. And if that warrants an adverse inference charge, rest assured that this court will not be reluctant to give one. I will see you tomorrow. (Signed by Judge Colleen McMahon on 3/14/2019) By ECF to all counsel. (ne)
March 14, 2019 ***DELETED DOCUMENT. Deleted document number #688 Notice of Motion. The document was incorrectly filed in this case. (mml)
March 8, 2019 Opinion or Order Filing 683 ORDER granting #682 Letter Motion for Conference. Conference scheduled for Friday, 3/15/19 at 10:00 AM. Status Conference set for 3/15/2019 at 10:00 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 3/8/2019) (mml)
March 7, 2019 Filing 682 JOINT LETTER MOTION for Conference addressed to Judge Colleen McMahon from Martin M. Toto dated March 7, 2019. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Toto, Martin)
March 7, 2019 Filing 681 DECLARATION of Joseph Opper [REFILED WITH PUBLIC EXHIBITS] in Opposition re: #439 MOTION to Exclude Opinions and Proposed Testimony of Prof. Einer Elhauge ., #437 MOTION to Exclude Opinions and Proposed Testimony of Janet K. DeLeon ., #441 MOTION to Exclude Opinion and Proposed Testimony of Dr. Ernest Berndt and Dr. Russell Lamb Regarding Forecast Averages ., #443 MOTION To Exclude Opinions and Proposed Testimony of George W. Johnston, Esq. ., #445 MOTION to Exclude Opinions and Proposed Testimony of Dr. Russell Lamb .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #2 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #3 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #4 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #5 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #6 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #7 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #8 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #9 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #10 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #11 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #12 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #13 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #14 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #15 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #16 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #17 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #18 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #19 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #20 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #21 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #22 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #23 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #24 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #25 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #26 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #27 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #28 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #29 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #30 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #31 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #32 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #33 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #34 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE, #35 PUBLIC EXHIBITS TO OPPER DECLARATION IN OPPOSITION TO MOTIONS TO EXCLUDE)(Opper, Joseph)
March 7, 2019 Filing 680 DECLARATION of Dan Litvin [REFILED WITH PUBLIC EXHIBITS] in Opposition re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 PUBLIC EXHIBITS TO DECLARATION OF DAN LITVIN IN OPPOSITION TO FOREST'S MOTION FOR SUMMARY JUDGMENT, #2 PUBLIC EXHIBITS, #3 PUBLIC EXHIBITS, #4 PUBLIC EXHIBITS, #5 PUBLIC EXHIBITS, #6 PUBLIC EXHIBITS, #7 PUBLIC EXHIBITS, #8 PUBLIC EXHIBITS, #9 PUBLIC EXHIBITS, #10 PUBLIC EXHIBITS, #11 PUBLIC EXHIBITS, #12 PUBLIC EXHIBITS, #13 PUBLIC EXHIBITS, #14 PUBLIC EXHIBITS, #15 PUBLIC EXHIBITS, #16 PUBLIC EXHIBITS, #17 PUBLIC EXHIBITS, #18 PUBLIC EXHIBITS, #19 PUBLIC EXHIBITS, #20 PUBLIC EXHIBITS, #21 PUBLIC EXHIBITS, #22 PUBLIC EXHIBITS, #23 PUBLIC EXHIBITS, #24 PUBLIC EXHIBITS, #25 PUBLIC EXHIBITS, #26 PUBLIC EXHIBITS, #27 PUBLIC EXHIBITS, #28 PUBLIC EXHIBITS, #29 PUBLIC EXHIBITS, #30 PUBLIC EXHIBITS, #31 PUBLIC EXHIBITS, #32 PUBLIC EXHIBITS, #33 PUBLIC EXHIBITS, #34 PUBLIC EXHIBITS, #35 PUBLIC EXHIBITS, #36 PUBLIC EXHIBITS, #37 PUBLIC EXHIBITS, #38 PUBLIC EXHIBITS, #39 PUBLIC EXHIBITS, #40 PUBLIC EXHIBITS, #41 PUBLIC EXHIBITS, #42 PUBLIC EXHIBITS, #43 PUBLIC EXHIBITS, #44 PUBLIC EXHIBITS, #45 PUBLIC EXHIBITS, #46 PUBLIC EXHIBITS, #47 PUBLIC EXHIBITS, #48 PUBLIC EXHIBITS, #49 PUBLIC EXHIBITS, #50 PUBLIC EXHIBITS, #51 PUBLIC EXHIBITS, #52 PUBLIC EXHIBITS, #53 PUBLIC EXHIBITS, #54 PUBLIC EXHIBITS, #55 PUBLIC EXHIBITS, #56 PUBLIC EXHIBITS, #57 PUBLIC EXHIBITS, #58 PUBLIC EXHIBITS, #59 PUBLIC EXHIBITS, #60 PUBLIC EXHIBITS, #61 PUBLIC EXHIBITS, #62 PUBLIC EXHIBITS, #63 PUBLIC EXHIBITS, #64 PUBLIC EXHIBITS, #65 PUBLIC EXHIBITS, #66 PUBLIC EXHIBITS, #67 PUBLIC EXHIBITS, #68 PUBLIC EXHIBITS, #69 PUBLIC EXHIBITS, #70 PUBLIC EXHIBITS, #71 PUBLIC EXHIBITS, #72 PUBLIC EXHIBITS, #73 PUBLIC EXHIBITS, #74 PUBLIC EXHIBITS, #75 PUBLIC EXHIBITS, #76 PUBLIC EXHIBITS, #77 PUBLIC EXHIBITS, #78 PUBLIC EXHIBITS, #79 PUBLIC EXHIBITS, #80 PUBLIC EXHIBITS)(Litvin, Dan)
March 6, 2019 Filing 679 NOTICE of Declaration of Rust Consulting Regarding Transmission of Notice to the Direct Purchaser Class. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
March 6, 2019 Filing 678 DECLARATION of Michael E. Hamburger #438 , #440 , #442 , #444 , #446 [Refiled Publicly per Order of the Court] in Support re: #439 MOTION to Exclude Opinions and Proposed Testimony of Prof. Einer Elhauge ., #437 MOTION to Exclude Opinions and Proposed Testimony of Janet K. DeLeon ., #441 MOTION to Exclude Opinion and Proposed Testimony of Dr. Ernest Berndt and Dr. Russell Lamb Regarding Forecast Averages ., #443 MOTION To Exclude Opinions and Proposed Testimony of George W. Johnston, Esq. ., #445 MOTION to Exclude Opinions and Proposed Testimony of Dr. Russell Lamb .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 41, #2 Exhibit 42, #3 Exhibit 43, #4 Exhibit 44, #5 Exhibit 45, #6 Exhibit 46, Part 1, #7 Exhibit 46, Part 2, #8 Exhibit 46, Part 3, #9 Exhibit 46, Part 4, #10 Exhibit 46, Part 5, #11 Exhibit 46, Part 6, #12 Exhibit 46, Part 7, #13 Exhibit 46, Part 8, #14 Exhibit 46, Part 9, #15 Exhibit 46, Part 10, #16 Exhibit 46, Part 11, #17 Exhibit 46, Part 12, #18 Exhibit 46, Part 13, #19 Exhibit 47, Part 1, #20 Exhibit 47, Part 2, #21 Exhibit 47, Part 3, #22 Exhibit 47, Part 4, #23 Exhibit 47, Part 5, #24 Exhibit 47, Part 6, #25 Exhibit 47, Part 7, #26 Exhibit 47, Part 8, #27 Exhibit 47, Part 9, #28 Exhibit 47, Part 10, #29 Exhibit 47, Part 11, #30 Exhibit 47, Part 12, #31 Exhibit 47, Part 13, #32 Exhibit 47, Part 14, #33 Exhibit 47, Part 15, #34 Exhibit 47, Part 16, #35 Exhibit 47, Part 17, #36 Exhibit 47, Part 18, #37 Exhibit 47, Part 19, #38 Exhibit 48, Part 1, #39 Exhibit 48, Part 2, #40 Exhibit 48, Part 3, #41 Exhibit 48, Part 4, #42 Exhibit 48, Part 5, #43 Exhibit 48, Part 6, #44 Exhibit 48, Part 7, #45 Exhibit 48, Part 8, #46 Exhibit 48, Part 9, #47 Exhibit 48, Part 10, #48 Exhibit 48, Part 11, #49 Exhibit 48, Part 12, #50 Exhibit 49, Part 1, #51 Exhibit 49, Part 2, #52 Exhibit 49, Part 3, #53 Exhibit 49, Part 4, #54 Exhibit 49, Part 5, #55 Exhibit 49, Part 6, #56 Exhibit 49, Part 7, #57 Exhibit 49, Part 8, #58 Exhibit 49, Part 9, #59 Exhibit 49, Part 10, #60 Exhibit 49, Part 11, #61 Exhibit 49, Part 12, #62 Exhibit 49, Part 13, #63 Exhibit 50, #64 Exhibit 51)(Hamburger, Michael)
March 6, 2019 Filing 677 DECLARATION of Michael E. Hamburger #438 , #440 , #442 , #444 , #446 [Refiled Publicly per Order of the Court] in Support re: #439 MOTION to Exclude Opinions and Proposed Testimony of Prof. Einer Elhauge ., #437 MOTION to Exclude Opinions and Proposed Testimony of Janet K. DeLeon ., #441 MOTION to Exclude Opinion and Proposed Testimony of Dr. Ernest Berndt and Dr. Russell Lamb Regarding Forecast Averages ., #443 MOTION To Exclude Opinions and Proposed Testimony of George W. Johnston, Esq. ., #445 MOTION to Exclude Opinions and Proposed Testimony of Dr. Russell Lamb .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (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)(Hamburger, Michael)
March 5, 2019 Filing 676 DECLARATION of Kristen OShaughnessy [Refiled Publicly per Order of the Court] in Support re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 376, #2 Exhibit 377, #3 Exhibit 378, #4 Exhibit 379, #5 Exhibit 380, #6 Exhibit 381, #7 Exhibit 382, #8 Exhibit 383, #9 Exhibit 384, #10 Exhibit 385, #11 Exhibit 386, #12 Exhibit 387, #13 Exhibit 388, Part 1, #14 Exhibit 388, Part 2, #15 Exhibit 389, #16 Exhibit 390, #17 Exhibit 391, #18 Exhibit 392, #19 Exhibit 393, Part 1, #20 Exhibit 393, Part 2, #21 Exhibit 393, Part 3, #22 Exhibit 394, #23 Exhibit 395, #24 Exhibit 396, #25 Exhibit 397, #26 Exhibit 398, #27 Exhibit 399, #28 Exhibit 400, #29 Exhibit 401, #30 Exhibit 402, #31 Exhibit 403, #32 Exhibit 404, #33 Exhibit 405, #34 Exhibit 406, #35 Exhibit 407, #36 Exhibit 408, Part 1, #37 Exhibit 408, Part 2, #38 Exhibit 408, Part 3, #39 Exhibit 408, Part 4, #40 Exhibit 409, #41 Exhibit 410, #42 Exhibit 411, Part 1, #43 Exhibit 411, Part 2, #44 Exhibit 411, Part 3, #45 Exhibit 411, Part 4, #46 Exhibit 411, Part 5, #47 Exhibit 411, Part 6, #48 Exhibit 411, Part 7, #49 Exhibit 411, Part 8, #50 Exhibit 411, Part 9, #51 Exhibit 411, Part 10, #52 Exhibit 411, Part 11, #53 Exhibit 411, Part 12, #54 Exhibit 411, Part 13, #55 Exhibit 411, Part 14, #56 Exhibit 411, Part 15, #57 Exhibit 411, Part 16, #58 Exhibit 411, Part 17, #59 Exhibit 412, #60 Exhibit 413, #61 Exhibit 414, #62 Exhibit 415, #63 Exhibit 416, #64 Exhibit 417)(O'Shaughnessy, Kristen)
March 5, 2019 Filing 675 DECLARATION of Kristen O'Shaughnessy (Supplemental to #666 enclosing exhibits 351-375) [Refiled Publicly per Order of the Court] in Support re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 351, #2 Exhibit 352, #3 Exhibit 353, #4 Exhibit 354, #5 Exhibit 355, #6 Exhibit 356, #7 Exhibit 359, #8 Exhibit 361, #9 Exhibit 362, #10 Exhibit 363, #11 Exhibit 364, #12 Exhibit 365, #13 Exhibit 366, #14 Exhibit 367, #15 Exhibit 368, #16 Exhibit 370, #17 Exhibit 371, #18 Exhibit 372, #19 Exhibit 373, #20 Exhibit 374, #21 Exhibit 375)(O'Shaughnessy, Kristen)
March 5, 2019 Filing 674 DECLARATION of Kristen O'Shaughnessy (Supplemental to #666 enclosing exhibits 301-350) [Refiled Publicly per Order of the Court] in Support re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 301, #2 Exhibit 302, #3 Exhibit 303, #4 Exhibit 304, #5 Exhibit 305, #6 Exhibit 306, #7 Exhibit 307, #8 Exhibit 308, #9 Exhibit 309, #10 Exhibit 310, #11 Exhibit 311, #12 Exhibit 312, #13 Exhibit 313, #14 Exhibit 314, #15 Exhibit 315, #16 Exhibit 316, #17 Exhibit 317, #18 Exhibit 318, #19 Exhibit 319, #20 Exhibit 320, #21 Exhibit 321, #22 Exhibit 322, #23 Exhibit 323, #24 Exhibit 324, #25 Exhibit 325, #26 Exhibit 326, #27 Exhibit 327, #28 Exhibit 328, #29 Exhibit 329, #30 Exhibit 330, #31 Exhibit 331, #32 Exhibit 332, #33 Exhibit 333, #34 Exhibit 334, #35 Exhibit 335, #36 Exhibit 336, #37 Exhibit 337, #38 Exhibit 338, #39 Exhibit 339, #40 Exhibit 340, #41 Exhibit 341, #42 Exhibit 342, #43 Exhibit 343, #44 Exhibit 344, #45 Exhibit 345, #46 Exhibit 346, #47 Exhibit 347, #48 Exhibit 348, #49 Exhibit 349, #50 Exhibit 350)(O'Shaughnessy, Kristen)
March 5, 2019 Filing 673 DECLARATION of Kristen O'Shaughnessy (Supplemental to #666 enclosing exhibits 251-300) [Refiled Publicly per Order of the Court] in Support re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 251, #2 Exhibit 252, #3 Exhibit 253, #4 Exhibit 254, #5 Exhibit 255, #6 Exhibit 256, #7 Exhibit 257, #8 Exhibit 258, #9 Exhibit 259, #10 Exhibit 260, #11 Exhibit 261, #12 Exhibit 262, #13 Exhibit 263, #14 Exhibit 264, #15 Exhibit 265, #16 Exhibit 266, #17 Exhibit 267, #18 Exhibit 268, #19 Exhibit 269, #20 Exhibit 270, #21 Exhibit 271, #22 Exhibit 272, #23 Exhibit 273, #24 Exhibit 274, #25 Exhibit 275, #26 Exhibit 276, #27 Exhibit 277, #28 Exhibit 278, #29 Exhibit 279, #30 Exhibit 280, #31 Exhibit 281, #32 Exhibit 282, #33 Exhibit 283, #34 Exhibit 284, #35 Exhibit 285, Part 1, #36 Exhibit 285, Part 2, #37 Exhibit 285, Part 3, #38 Exhibit 285, Part 4, #39 Exhibit 286, #40 Exhibit 287, #41 Exhibit 288, #42 Exhibit 289, #43 Exhibit 290, #44 Exhibit 291, #45 Exhibit 292, #46 Exhibit 293, #47 Exhibit 294, #48 Exhibit 295, #49 Exhibit 296, #50 Exhibit 297, #51 Exhibit 298, Part 1, #52 Exhibit 298, Part 2, #53 Exhibit 299, #54 Exhibit 300)(O'Shaughnessy, Kristen)
March 5, 2019 Filing 672 DECLARATION of Kristen O'Shaughnessy (Supplemental to #666 enclosing exhibits 201-250) [Refiled Publicly per Order of the Court] in Support re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 201, #2 Exhibit 202, #3 Exhibit 203, #4 Exhibit 204, #5 Exhibit 205, #6 Exhibit 206, #7 Exhibit 207, #8 Exhibit 208, Part 1, #9 Exhibit 208, Part 2, #10 Exhibit 208, Part 3, #11 Exhibit 208, Part 4, #12 Exhibit 208, Part 5, #13 Exhibit 208, Part 6, #14 Exhibit 208, Part 7, #15 Exhibit 209, #16 Exhibit 210, #17 Exhibit 211, #18 Exhibit 212, #19 Exhibit 213, #20 Exhibit 214, #21 Exhibit 215, #22 Exhibit 216, #23 Exhibit 217, #24 Exhibit 218, #25 Exhibit 219, Part 1, #26 Exhibit 219, Part 2, #27 Exhibit 220, Part 1, #28 Exhibit 220 Part 2, #29 Exhibit 221, #30 Exhibit 222, #31 Exhibit 223, #32 Exhibit 224, Part 1, #33 Exhibit 224, Part 1, #34 Exhibit 224, Part 3, #35 Exhibit 225, #36 Exhibit 226, #37 Exhibit 227, #38 Exhibit 228, Part 1, #39 Exhibit 228, Part 2, #40 Exhibit 229, #41 Exhibit 230, #42 Exhibit 231, #43 Exhibit 232, #44 Exhibit 233, #45 Exhibit 234, #46 Exhibit 235, #47 Exhibit 236, #48 Exhibit 237, #49 Exhibit 238, #50 Exhibit 239, #51 Exhibit 240, #52 Exhibit 241, #53 Exhibit 242, #54 Exhibit 243, #55 Exhibit 244, #56 Exhibit 245, #57 Exhibit 246, #58 Exhibit 247, #59 Exhibit 248, #60 Exhibit 249, #61 Exhibit 250)(O'Shaughnessy, Kristen)
March 5, 2019 Filing 671 DECLARATION of Joseph Opper [REFILED WITH PUBLIC EXHIBITS] in Support re: #400 MOTION to Certify Class .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit PUBLIC EXHIBITS TO OPPER CLASS CERTIFICATION REPLY DECLARATION - VOLUME I, #2 Exhibit PUBLIC EXHIBITS TO OPPER CLASS CERTIFICATION REPLY DECLARATION - VOLUME II, #3 Exhibit PUBLIC EXHIBITS TO OPPER CLASS CERTIFICATION REPLY DECLARATION - VOLUME III, #4 Exhibit PUBLIC EXHIBITS TO OPPER CLASS CERTIFICATION REPLY DECLARATION - VOLUME IV)(Opper, Joseph)
March 5, 2019 Filing 670 DECLARATION of Kristen OShaughnessy (Supplemental to #666 enclosing exhibits 151-200) [Refiled Publicly per Order of the Court] in Support re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 151, #2 Exhibit 152, #3 Exhibit 153, #4 Exhibit 154, #5 Exhibit 155, #6 Exhibit 156, #7 Exhibit 157, #8 Exhibit 158, #9 Exhibit 159, #10 Exhibit 160, #11 Exhibit 161, #12 Exhibit 162, #13 Exhibit 163, #14 Exhibit 164, Part 1, #15 Exhibit 164, Part 2, #16 Exhibit 164, Part 3, #17 Exhibit 164, Part 4, #18 Exhibit 165, #19 Exhibit 166, Part 1, #20 Exhibit 166, Part 2, #21 Exhibit 166, Part 3, #22 Exhibit 166, Part 4, #23 Exhibit 166, Part 5, #24 Exhibit 166, Part 6, #25 Exhibit 166, Part 7, #26 Exhibit 166, Part 8, #27 Exhibit 166, Part 9, #28 Exhibit 166, Part 10, #29 Exhibit 166, Part 11, #30 Exhibit 166, Part 12, #31 Exhibit 166, Part 13, #32 Exhibit 166, Part 14, #33 Exhibit 166, Part 15, #34 Exhibit 166, Part 16, #35 Exhibit 166, Part 17, #36 Exhibit 166, Part 18, #37 Exhibit 167, #38 Exhibit 168, Part 1, #39 Exhibit 168, Part 2, #40 Exhibit 168, Part 3, #41 Exhibit 168, Part 4, #42 Exhibit 168, Part 5, #43 Exhibit 169, #44 Exhibit 170, Part 1, #45 Exhibit 170, Part 2, #46 Exhibit 170, Part 3, #47 Exhibit 170, Part 4, #48 Exhibit 171, Part 1, #49 Exhibit 171, Part 2, #50 Exhibit 172, #51 Exhibit 173, Part 1, #52 Exhibit 173, Part 2, #53 Exhibit 173, Part 3, #54 Exhibit 173, Part 4, #55 Exhibit 173, Part 5, #56 Exhibit 173, Part 6, #57 Exhibit 173, Part 7, #58 Exhibit 173, Part 8, #59 Exhibit 173, Part 9, #60 Exhibit 174, #61 Exhibit 175, #62 Exhibit 176, #63 Exhibit 177, Part 1, #64 Exhibit 177, Part 2, #65 Exhibit 178, Part 1, #66 Exhibit 178, Part 2, #67 Exhibit 178, Part 3, #68 Exhibit 178, Part 4, #69 Exhibit 179, Part 1, #70 Exhibit 179, Part 2, #71 Exhibit 179, Part 3, #72 Exhibit 180, Part 1, #73 Exhibit 180, Part 2, #74 Exhibit 180, Part 3, #75 Exhibit 181, Part 1, #76 Exhibit 181, Part 2, #77 Exhibit 182, Part 1, #78 Exhibit 182, Part 2, #79 Exhibit 182, Part 3, #80 Exhibit 182, Part 4, #81 Exhibit 182, Part 5, #82 Exhibit 182, Part 6, #83 Exhibit 182, Part 7, #84 Exhibit 182, Part 8, #85 Exhibit 182, Part 9, #86 Exhibit 182, Part 10, #87 Exhibit 183, Part 1, #88 Exhibit 183, Part 2, #89 Exhibit 183, Part 3, #90 Exhibit 183, Part 4, #91 Exhibit 183, Part 5, #92 Exhibit 183, Part 6, #93 Exhibit 183, Part 7, #94 Exhibit 184, Part 1, #95 Exhibit 184, Part 2, #96 Exhibit 184, Part 3, #97 Exhibit 184, Part 4, #98 Exhibit 184, Part 5, #99 Exhibit 184, Part 6, #100 Exhibit 184, Part 7, #101 Exhibit 184, Part 8, #102 Exhibit 184, Part 9, #103 Exhibit 184, Part 10, #104 Exhibit 184, Part 11, #105 Exhibit 184, Part 12, #106 Exhibit 184, Part 13, #107 Exhibit 184, Part 14, #108 Exhibit 184, Part 15, #109 Exhibit 184, Part 16, #110 Exhibit 184, Part 17, #111 Exhibit 185, #112 Exhibit 186, #113 Exhibit 187, #114 Exhibit 188, #115 Exhibit 189, Part 1, #116 Exhibit 189, Part 2, #117 Exhibit 189, Part 3, #118 Exhibit 190, #119 Exhibit 191, #120 Exhibit 192, #121 Exhibit 193, Part 1, #122 Exhibit 193, Part 2, #123 Exhibit 193, Part 3, #124 Exhibit 193, Part 4, #125 Exhibit 193, Part 5, #126 Exhibit 193, Part 6, #127 Exhibit 194, #128 Exhibit 195, #129 Exhibit 196, Part 1, #130 Exhibit 196, Part 2, #131 Exhibit 196, Part 3, #132 Exhibit 196, Part 4, #133 Exhibit 196, Part 5, #134 Exhibit 197, #135 Exhibit 198, Part 1, #136 Exhibit 198, Part 2, #137 Exhibit 199, Part 1, #138 Exhibit 199, Part 2, #139 Exhibit 200)(O'Shaughnessy, Kristen)
March 5, 2019 Filing 669 DECLARATION of Dan Litvin [REFILED WITH PUBLIC EXHIBITS] in Support re: #400 MOTION to Certify Class .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit PUBLIC EXHIBITS TO LITVIN CLASS CERTIFICATION DECLARATION - VOLUME I, #2 Exhibit PUBLIC EXHIBITS TO LITVIN CLASS CERTIFICATION DECLARATION - VOLUME II, #3 Exhibit PUBLIC EXHIBITS TO LITVIN CLASS CERTIFICATION DECLARATION - VOLUME III, #4 Exhibit PUBLIC EXHIBITS TO LITVIN CLASS CERTIFICATION DECLARATION - VOLUME IV, #5 Exhibit PUBLIC EXHIBITS TO LITVIN CLASS CERTIFICATION DECLARATION - VOLUME V, #6 Exhibit PUBLIC EXHIBITS TO LITVIN CLASS CERTIFICATION DECLARATION - VOLUME VI, #7 Exhibit PUBLIC EXHIBITS TO LITVIN CLASS CERTIFICATION DECLARATION - VOLUME VII)(Litvin, Dan)
March 5, 2019 Filing 668 DECLARATION of Kristen OShaughnessy (Supplemental to #666 enclosing exhibits 101-150) [Refiled Publicly per Order of the Court] in Support re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 101, #2 Exhibit 102, #3 Exhibit 103, #4 Exhibit 104, #5 Exhibit 105, #6 Exhibit 106, #7 Exhibit 107, #8 Exhibit 108, #9 Exhibit 109, #10 Exhibit 110, #11 Exhibit 111, #12 Exhibit 112, #13 Exhibit 113, #14 Exhibit 114, #15 Exhibit 115, #16 Exhibit 116, #17 Exhibit 117, #18 Exhibit 118, #19 Exhibit 119, #20 Exhibit 120, #21 Exhibit 121, #22 Exhibit 122, #23 Exhibit 123, #24 Exhibit 124, #25 Exhibit 125, #26 Exhibit 126, #27 Exhibit 127, #28 Exhibit 128, #29 Exhibit 129, #30 Exhibit 130, #31 Exhibit 131, #32 Exhibit 132, #33 Exhibit 133, #34 Exhibit 134, #35 Exhibit 135, #36 Exhibit 136, #37 Exhibit 137, #38 Exhibit 138, #39 Exhibit 139, #40 Exhibit 140, #41 Exhibit 141, #42 Exhibit 142, #43 Exhibit 143, #44 Exhibit 144, #45 Exhibit 145, #46 Exhibit 146, #47 Exhibit 147, #48 Exhibit 148, #49 Exhibit 149, #50 Exhibit 150)(O'Shaughnessy, Kristen)
March 4, 2019 Filing 667 DECLARATION of Kristen OShaughnessy (Supplemental to #666 enclosing exhibits 51-100) [Refiled Publicly per Order of the Court] in Support re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 51, Part 1, #2 Exhibit 51, Part 2, #3 Exhibit 52, #4 Exhibit 53, Part 1, #5 Exhibit 53, Part 2, #6 Exhibit 54, #7 Exhibit 55, #8 Exhibit 56, Part 1, #9 Exhibit 56, Part 2, #10 Exhibit 56, Part 3, #11 Exhibit 56, Part 4, #12 Exhibit 56, Prat 5, #13 Exhibit 57, #14 Exhibit 58, #15 Exhibit 59, #16 Exhibit 60, #17 Exhibit 61, Part 1, #18 Exhibit 61, Part 2, #19 Exhibit 62, #20 Exhibit 63, #21 Exhibit 64, #22 Exhibit 65, #23 Exhibit 66, #24 Exhibit 67, #25 Exhibit 68, #26 Exhibit 69, #27 Exhibit 70, #28 Exhibit 71, #29 Exhibit 72, #30 Exhibit 73, #31 Exhibit 74, #32 Exhibit 75, #33 Exhibit 76, #34 Exhibit 77, #35 Exhibit 78, #36 Exhibit 79, #37 Exhibit 80, #38 Exhibit 81, Part 1, #39 Exhibit 81, Part 2, #40 Exhibit 82, #41 Exhibit 83, #42 Exhibit 84, #43 Exhibit 85, #44 Exhibit 86, #45 Exhibit 87, #46 Exhibit 88, #47 Exhibit 89, #48 Exhibit 90, #49 Exhibit 91, #50 Exhibit 92, #51 Exhibit 93, #52 Exhibit 94, #53 Exhibit 95, #54 Exhibit 96, #55 Exhibit 97, #56 Exhibit 98, #57 Exhibit 99, #58 Exhibit 100)(O'Shaughnessy, Kristen)
March 4, 2019 Filing 666 DECLARATION of Kristen OShaughnessy [Refiled Publicly per Order of the Court] in Support re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1, Part 1, #2 Exhibit 1, Part 2, #3 Exhibit 1, Part 3, #4 Exhibit 1, Part 4, #5 Exhibit 1, Part 5, #6 Exhibit 1, Part 6, #7 Exhibit 2, #8 Exhibit 3, #9 Exhibit 4, Part 1, #10 Exhibit 4, Part 2, #11 Exhibit 4, Part 3, #12 Exhibit 4, Part 4, #13 Exhibit 4, Part 5, #14 Exhibit 4, Part 6, #15 Exhibit 5, #16 Exhibit 6, Part 1, #17 Exhibit 6, Part 2, #18 Exhibit 6, Part 3, #19 Exhibit 6, Part 4, #20 Exhibit 6, Part 5, #21 Exhibit 7, Part 1, #22 Exhibit 7, Part 2, #23 Exhibit 8, #24 Exhibit 9, #25 Exhibit 10, #26 Exhibit 11, Part 1, #27 Exhibit 11, Part 2, #28 Exhibit 11, Part 3, #29 Exhibit 11, Part 4, #30 Exhibit 11, Part 5, #31 Exhibit 11, Part 6, #32 Exhibit 12, #33 Exhibit 13, Part 1, #34 Exhibit 13, Part 2, #35 Exhibit 14, #36 Exhibit 15, Part 1, #37 Exhibit 15, Part 2, #38 Exhibit 15, Part 3, #39 Exhibit 15, Part 4, #40 Exhibit 16, #41 Exhibit 17, Part 1, #42 Exhibit 17, Part 2, #43 Exhibit 17, Part 3, #44 Exhibit 18, Part 1, #45 Exhibit 18, Part 2, #46 Exhibit 18, Part 3, #47 Exhibit 19, #48 Exhibit 20, #49 Exhibit 21, #50 Exhibit 22, #51 Exhibit 23, #52 Exhibit 24, #53 Exhibit 25, #54 Exhibit 26, #55 Exhibit 27, #56 Exhibit 28, #57 Exhibit 29, #58 Exhibit 30, #59 Exhibit 31, #60 Exhibit 32, #61 Exhibit 33, #62 Exhibit 34, #63 Exhibit 35, #64 Exhibit 36, #65 Exhibit 37, #66 Exhibit 38, #67 Exhibit 39, #68 Exhibit 40, #69 Exhibit 41, #70 Exhibit 42, #71 Exhibit 43, #72 Exhibit 44, Part 1, #73 Exhibit 44, Part 2, #74 Exhibit 45, #75 Exhibit 46, #76 Exhibit 47, Part 1, #77 Exhibit 47, Part 2, #78 Exhibit 47, Part 3, #79 Exhibit 48, #80 Exhibit 49, #81 Exhibit 50)(O'Shaughnessy, Kristen)
March 4, 2019 Filing 665 MEMORANDUM OF LAW in Support re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment. [Refiled Publicly per Order of the Court]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
February 21, 2019 Filing 664 MEMORANDUM OF LAW in Support re: #400 MOTION to Certify Class . [REFILED PUBLICLY WITHOUT REDACTIONS PER ORDER OF THE COURT]. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
February 21, 2019 Filing 663 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #664 Memorandum) - MEMORANDUM OF LAW in Opposition re: #400 MOTION to Certify Class . [REFILED PUBLICLY WITHOUT REDACTIONS PER ORDER OF THE COURT]. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan) Modified on 2/22/2019 (db).
February 19, 2019 Filing 662 MEMO ENDORSEMENT on re: #661 Letter filed by Rochester Drug Co-Operative, Inc., JM Smith Corporation. ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 2/19/2019) (mml)
February 15, 2019 Filing 661 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated February 15, 2019 re: Sealed Record. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
February 7, 2019 Opinion or Order Filing 660 ORDER granting #659 Motion. IT IS HEREBY ORDERED that Plaintiffs' Motion to Remove Document from Public Docket is GRANTED, The ECF Quality Assurance and Statistics Unit shall remove ECF No, 658 from the public docket. (Signed by Judge Colleen McMahon on 2/7/2019) (mml)
February 7, 2019 Filing 659 MOTION Remove Document from Public Docket re: 658 Response, . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Litvin, Dan)
February 7, 2019 ***STRICKEN DOCUMENT. Deleted document number 658 from the case record. The document was stricken from this case pursuant to #660 Order on Motion for Miscellaneous Relief. (mml)
January 22, 2019 REMARK. Problematic pdfs on labelled CDs attached to corresponding unsealed envelopes, specifically for envelope nos. 448, 456, 474 and 478 only. Envelopes no. 412, 421 had no disks. Envelopes no. 460, 480, 482, 484, 504, 510, 511 and 513 had no problems associated with their respective corresponding disks. (rjm)
January 22, 2019 Filing 657 DIRECT PURCHASER CLASS PLAINTIFFS' MEMORANDUM IN OPPOSITION TO DEFENDANT'S MOTION FOR SUMMARY JUDGMENT. This document was previously filed under seal in envelope doc. no. 456. (rjm)
January 22, 2019 Filing 656 DECLARATION OF DAN LITVIN IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT. This document was previously filed under seal in envelope doc. no. 456. (rjm)
January 22, 2019 Filing 655 DIRECT PURCHASER CLASS PLAINTIFFS' MEMORANDUM IN OPPOSITION TO FOREST'S MOTION TO EXCLUDE CERTAIN OPINIONS AND PROPOSED TESTIMONY OF DR. RUSSELL LAMB. This document was previously filed under seal in envelope doc. no. 456. (rjm)
January 22, 2019 Filing 654 PLAINTIFFS' OPPOSITION TO FOREST'S MOTION TO EXCLUDE THE TESTIMONY OF MR. GEORGE W. JOHNSTON. This document was previously filed under seal in envelope doc. no. 456. (rjm)
January 22, 2019 Filing 653 DIRECT PURCHASER CLASS PLAINTIFFS' MEMORANDUM IN OPPOSITION TO FOREST'S MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF DR. ERNST BERNDT AND DR. RUSSELL LAMB REGARDING FORECAST AVERAGES. This document was previously filed under seal in envelope doc. no. 456. (rjm)
January 22, 2019 Filing 652 DIRECT PURCHASER CLASS PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO FOREST'S MOTION TO EXCLUDE CERTAIN OPINIONS AND PROPOSED TESTIMONY OF PROF. EINER ELHAUGE. This document was previously filed under seal in envelope doc. no. 456. (rjm)
January 22, 2019 Filing 651 DIRECT PURCHASER CLASS PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO FOREST'S MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF JANET K. DELEON. This document was previously filed under seal in envelope doc. no. 456. (rjm)
January 22, 2019 Filing 650 DECLARATION OF JOSEPH OPPER IN OPPOSITION TO MEMORANDA OF LAW IN SUPPORT OF FOREST'S MOTIONS TO EXCLUDE EXPERT TESTIMONY. This document was previously filed under seal in envelope doc. no. 456. (rjm)
January 22, 2019 Filing 649 DECLARATION OF KRISTEN O'SHAUGHNESSY IN SUPPORT OF FORREST'S MOTION FOR SUMMARY JUDGMENT. This document was previously filed under seal in envelope doc. no. 448. (This document submission in paper format only. Ex. 1-373 pdf format only/oversize) (rjm)
January 22, 2019 Filing 648 MEMORANDUM OF LAW IN SUPPORT OF FOREST'S MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF JANET K. DELEON. This document was previously filed under seal in envelope doc. no. 448. (rjm)
January 22, 2019 Filing 647 MEMORANDUM OF LAW IN SUPPORT OF FOREST'S MOTION TO EXCLUDE CERTAIN OPINIONS AND PROPOSED TESTIMONY OF PROF. EINER ELHAUGE. This document was previously filed under seal in envelope doc. no. 448. (rjm)
January 22, 2019 Filing 646 DECLARATION OF MICHAEL E. HAMBURGER IN SUPPORT OF MEMORANDA OF LAW SUPPORTING FOREST'S MOTIONS TO EXCLUDE EXPERT TESTIMONY. This document was previously filed under seal in envelope doc. no. 448. (rjm)
January 22, 2019 Filing 645 MEMORANDUM OF LAW IN SUPPORT OF FOREST'S MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF DR. ERNST BERNDT AND DR. RUSSELL LAMB REGARDING FORECAST AVERAGES. This document was previously filed under seal in envelope doc. no. 448. (rjm)
January 22, 2019 Filing 644 MEMORANDUM OF LAW IN SUPPORT OF FOREST'S MOTION TO EXCLUDE OPINIONS AND PROPOSED TESTIMONY OF GEORGE W. JOHNSTON, ESQ. This document was previously filed under seal in envelope doc. no. 448. (rjm)
January 22, 2019 Filing 643 MEMORANDUM OF LAW IN SUPPORT OF FOREST'S MOTION TO EXCLUDE CERTAIN OPINIONS AND PROPOSED TESTIMONY OF DR. RUSSELL LAMB. This document was previously filed under seal in envelope doc. no. 448. (rjm)
January 22, 2019 Filing 642 DEFENDANTS' MEMORANDUM IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT. This document was previously filed under seal in envelope doc. no. 448. (Paper format-oversized pdf). (rjm)
January 22, 2019 Filing 641 FOREST'S NOTICE OF MOTION AND MOTION FOR LEAVE TO FILE A SUR-REPLY IN FURTHER OPPOSITION TO DIRECT PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. (Attachments: #1 Ex 1). This document was previously filed under seal in envelope doc. no. 513. (rjm)
January 22, 2019 Filing 640 DECLARATION OF MICHAEL E. HAMBURGER IN SUPPORT OF FOREST'S SUR-REPLY IN FURTHER OPPOSITION TO DIRECT PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. (Attachments: #1 Ex A) This document was previously filed under seal in envelope doc. no. 513. (rjm)
January 22, 2019 Filing 639 REPLY IN SUPPORT OF FOREST'S MOTION TO EXCLUDE OPINIONS AND PROPOSED TESTIMONY OF JOHN R. THOMAS, ESQ. This document was previously filed under seal in envelope doc. no. 511. (rjm)
January 22, 2019 Filing 638 DECLARATION OF DAN LITVIN IN OPPOSITION TO FOREST'S MOTION TO EXCLUDE OPINIONS AND PROPOSED TESTIMONY OF JOHN R. THOMAS, ESQ. This document was previously filed under seal in envelope doc. no. 510. (Non-paper format. Submitted only in pdf format for this envelope) (rjm)
January 22, 2019 Filing 637 DIRECT PURCHASER CLASS PLAINTIFFS' MEMORANDUM IN OPPOSITION TO FOREST'S MOTION TO EXCLUDE OPINIONS AND PROPOSED TESTIMONY OF JOHN R. THOMAS, ESQ. (Attachments: #1 Ex 1, #2 Ex 2, #3 Ex 3). This document was previously filed under seal in envelope doc. no. 510. (rjm)
January 22, 2019 Filing 636 DECLARATION OF RYAN P. JOHNSON IN SUPPORT OF MEMORANDUM OF LAW SUPPORTING FORREST'S MOTION TO EXCLUDE EXPERT TESTIMONY. This document was previously filed under seal in envelope doc. no. 504. (Submission in paper format only). (rjm)
January 22, 2019 Filing 635 MEMORANDUM OF LAW IN SUPPORT OF FOREST'S MOTION TO EXCLUDE OPINIONS AND PROPOSED TESTIMONY OF JOHN R. THOMAS. ESQ. (Attachments: #1 Ex 1, #2 Ex 2) This document was previously filed under seal in envelope doc. no. 504. (rjm)
January 22, 2019 Filing 634 PROPOSED MEMORANDUM OF LAW IN SUPPORT OF FOREST'S MOTION TO EXCLUDE OPINIONS AND PROPOSED TESTIMONY OF JOHN R. THOMAS, ESQ.. This document was previously filed under seal in envelope doc. no. 484. (rjm) (Additional attachment(s) added on 1/30/2019: #1 Ex 1, #2 Ex 2) (rjm).
January 22, 2019 Filing 633 PROPOSED DECLARATION OF RYAN P. JOHNSON IN SUPPORT OF MEMORANDUM OF LAW SUPPORTING FOREST'S MOTIONS TO EXCLUDE EXPERT TESTIMONY. (Attachments: #1 Ex 1, #2 Ex 2) This document was previously filed under seal in envelope doc. no. 484.(rjm)
January 22, 2019 Filing 632 FOREST'S OPPOSITION TO DIRECT PURCHASER CLASS PLAINTIFFS' MOTION FOR LEA VE TO FILE A SUR-REPLY IN FURTHER OPPOSITION TO FOREST'S MOTION TO EXCLUDE CERTAIN OPINIONS AND PROPOSED TESTIMONY OF PROF. EINER ELHAUGE. This document was previously filed under seal in envelope doc. no. 482. (rjm)
January 22, 2019 Filing 631 DIRECT PURCHASER CLASS PLAINTIFFS MOTION FOR LEAVE TO FILE A SURREPLY IN FURTHER OPPOSITION TO FORESTS MOTION TO EXCLUDE CERTAIN OPINIONS AND PROPOSED TESTIMONY OF PROF. EINER ELHAUGE. (Attachments: #1 Ex 1) This document was previously filed under seal in envelope doc. no. 480. (rjm)
January 22, 2019 Filing 630 DEFENDANTS' REPLY MEMORANDUM IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT. This document was previously filed under seal in envelope doc. no. 478. (rjm)
January 22, 2019 Filing 629 DECLARATION OF KRISTEN O'SHAUGHNESSY IN FURTHER SUPPORT OF FOREST'S MOTION FOR SUMMARY JUDGMENT. This document was previously filed under seal in envelope doc. no. 478. (rjm)
January 22, 2019 Filing 628 DECLARATION OF MICHAEL E. HAMBURGER IN SUPPORT OF REPLY MEMORANDA OF LAW SUPPORTING FOREST'S MOTION TO EXCLUDE EXPERT TESTIMONY. This document was previously filed under seal in envelope doc. no. 474. (Submission of this document in paper format only). (rjm)
January 22, 2019 Filing 627 REPLY MEMORANDUM OF LAW IN SUPPORT OF FOREST'S MOTION TO EXCLUDE CERTAIN OPINIONS AND PROPOSED TESTIMONY OF PROF. EINER ELHAUGE. This document was previously filed under seal in envelope doc. no. 474. (rjm)
January 22, 2019 Filing 626 REPLY MEMORANDUM OF LAW IN SUPPORT OF FOREST'S MOTION TO EXCLUDE OPINIONS AND PROPOSED TESTIMONY OF JANET K. DELEON. This document was previously filed under seal in envelope doc. no. 474. (rjm)
January 22, 2019 Filing 625 REPLY MEMORANDUM OF LAW IN SUPPORT OF FOREST'S MOTION TO EXCLUDE CERTAIN OPINIONS AND PROPOSED TESTIMONY OF DR. RUSSELL LAMB. This document was previously filed under seal in envelope doc. no. 474. (rjm)
January 22, 2019 Filing 624 REPLY MEMORANDUM OF LAW IN SUPPORT OF FOREST'S MOTION TO EXCLUDE OPINIONS AND PROPOSED TESTIMONY OF GEORGE W. JOHNSTON, ESQ. This document was previously filed under seal in envelope doc. no. 474. (rjm)
January 22, 2019 Filing 623 REPLY MEMORANDUM OF LAW IN SUPPORT OF FOREST'S MOTION TO EXCLUDE OPINIONS AND TESTIMONY OF DR. ERNST BERNDT AND DR. RUSSELL LAMB REGARDING FORECAST AVERAGES. This document was previously filed under seal in envelope doc. no. 474. (rjm)
January 22, 2019 Filing 622 DIRECT PURCHASER CLASS PLAINTIFFS' OPPOSITION TO FORESTS EMERGENCY MOTION TO STRIKE PLAINTIFFS' AFFIRMATIVE STATEMENT OF MATERIAL FACTS IN OPPOSITION TO FOREST'S MOTION FOR SUMMARY JUDGMENT. This document was previously filed under seal in envelope doc. no. 460. (rjm)
January 22, 2019 Filing 621 DECLARATION OF JOSEPH OPPER IN SUPPPORT OF DIRECT PURCHASER CLASS PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. This document was previously filed under seal in envelope doc. no. 421. (rjm)
January 22, 2019 Filing 620 REPLY MEMORANDUM OF LAW IN SUPPORT OF DIRECT PURCHASER CLASS PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. This document was previously filed under seal in envelope doc. no. 421. (rjm)
January 22, 2019 Filing 619 FOREST'S OPPOSITION TO DIRECT PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION. This document was previously filed under seal in envelope doc. no. 412. (Attachments: #1 Ex 1, #2 EX 2, #3 Ex 3, #4 Ex 4, #5 Ex 5, #6 Ex 6, #7 Ex 7, #8 Ex 8, #9 Ex 9, #10 Ex 10, #11 Ex 11, #12 Ex 12, #13 Ex 13) (rjm)
January 22, 2019 Filing 618 REPLY / Forest's Reply to Plaintiffs' Responses and Objections to Defendants' Statement of Undisputed Facts in Support of Defendants' Motion for Summary Judgment [Public Redacted Version]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (O'Shaughnessy, Kristen)
January 22, 2019 Filing 617 Objection / Forest's Objections and Responses to Plaintiffs' Affirmative Statement of Material Facts in Opposition to Forest's Motion for Summary Judgment [Public Redacted Version]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (O'Shaughnessy, Kristen)
January 22, 2019 Filing 616 RULE 56.1 STATEMENT. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
January 22, 2019 Opinion or Order Filing 615 ORDER: The Court thanks everyone for working together to minimize the burden on the Clerk of Court and now orders as follows: FIRST, the Clerk shall unseal all records placed in the vault at the following docket entry numbers: a) Docket Number 412, except: the documents attached to the Hamburger Declaration as Exhibits 14 and 15. b) Docket Number 421, except: the document attached to the Opper Declaration as Exhibit 41. c) Docket Number 448, except: the documents attached to the O'Shaughnessy Declaration as Exhibit 357, 358, and 360; and Defendants' Statement of Undisputed Material Facts in Support of Defendants' Motion for Summary Judgment (for which the Parties will file a redacted version). d) Docket Number 456, except: the documents attached to the Litvin Declaration as Exhibits 242 and 243; Direct Purchaser Class Plaintiffs' Response to Defendants' Statement of Undisputed Material Facts in Support of Defendants' Motion for Summary Judgment (for which the Parties will file a redacted version); and Direct Purchaser Class Plaintiffs' Affirmative Statement of Material Facts in Support of Their Opposition to Defendants' Motion for Summary Judgment (for which the Parties will file a redacted version). e) Docket Number 460 f) Docket Number 474 g) Docket Number 478, except: Forest's Reply to Plaintiffs' Responses and Objections to Defendant's Statement of Undisputed Facts in Support of Defendants' Motion for Summary Judgment (for which the Parties will file a redacted version); and Forest's Objections and Responses to Plaintiffs' Affirmative Statement of Material Facts in Opposition to Forest's Motion for Summary Judgment (for which the Parties will file a redacted version). h) Docket Number 480 i) Docket Number 482 j) Docket Number 484 k) Docket Number 504 l) Docket Number 510 m) Docket Number 511 n) Docket Number 513. SECOND, the Clerk shall keep filed under seal all records placed in the vault at the following docket entry numbers: o) Docket Number 489 p) Docket Number 492 q) Docket Number 544 r) Docket Number 547 s) Docket Number 549 t) Docket Number 553 u) Docket Number 566 v) Docket Number 591 w) Docket Number 592 x) Docket Number 597. THIRD, the Parties shall file in redacted form the records indicated above. It is so ordered. (Signed by Judge Colleen McMahon on 1/22/2019) Copies Sent By Chambers. (mml) Transmission to Sealed Records Clerk for processing.
January 22, 2019 Filing 614 Objection PLAINTIFFS RESPONSES AND OBJECTIONS TO DEFENDANTS STATEMENT OF UNDISPUTED FACTS IN SUPPORT OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT [PUBLIC VERSION]. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
January 22, 2019 Filing 613 RULE 56.1 STATEMENT. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
January 20, 2019 Filing 612 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated January 20, 2019 re: the sealed record on various motions. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
January 17, 2019 Opinion or Order Filing 611 ORDER: The Court will order the Clerk to unseal the designated documents at 12:00 p,m, on Tuesday, January 22, 2019, Before that time, Optum RX and Mylan Pharmaceuticals, Inc., the two non-parties that previously submitted sealing requests in this case, must (as further set forth in this Order.) (Signed by Judge Colleen McMahon on 1/17/2019) (cf) Transmission to Sealed Records Clerk for processing.
January 17, 2019 Filing 610 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated January 17, 2019 re: the sealed record on various motions. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
January 15, 2019 Opinion or Order Filing 609 ORDER: For reasons having to do with the way sealed records are docketed on CM/ECF, the Court asks that the Parties first submit their proposed list of documents to be unsealed to Chambers, rather than conferring directly with the Clerk. Such list must comply with the Court's previous sealing orders, at Docket Numbers 563, 567, and 580. This is not an opportunity for the Parties to seek additional sealing orders. Rather, given the complicated nature of the case, the Court itself will tell the Clerk which records need to be unsealed. (Signed by Judge Colleen McMahon on 1/15/2019) (mml)
January 11, 2019 Filing 608 MEMO ENDORSEMENT on re: #607 Letter, filed by Rochester Drug Co-Operative, Inc., JM Smith Corporation. ENDORSEMENT: All papers that have not been filed in redacted form must be UNSEALED IMMEDIATELY. Counsel for Plaintiffs and Defendants shall meet with or direct the Clerk which documents this includes. This should have been called to my attention MONTHS ago. (Signed by Judge Colleen McMahon on 1/11/2019) (mml) Transmission to Sealed Records Clerk for processing.
January 9, 2019 Filing 607 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated January 9, 2019 re: Status of the Sealed Record on Class Certification and Summary Judgment Motions. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
December 21, 2018 Filing 606 NOTICE of Declaration of Rust Consulting. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit Exhibit A - Declaration of Notice Administrator Concerning Provision of Notice to Class Members)(Litvin, Dan)
December 13, 2018 Filing 605 MEMO ENDORSEMENT on re: #604 Letter, filed by Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc. ENDORSEMENT: This matter has been referred to Judge Lehrburger. (Signed by Judge Colleen McMahon on 12/13/2018) (mml)
December 12, 2018 Filing 604 LETTER addressed to Judge Colleen McMahon from Heather K. McDevitt dated December 12, 2018 re: The letter filed by Bruce E. Gerstein, counsel for Direct Purchaser Plaintiffs dated December 12, 2018 #603 . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(McDevitt, Heather)
December 12, 2018 Filing 603 LETTER addressed to Judge Colleen McMahon from Bruce E. Gerstein dated December 12, 2018 re: Discovery Dispute. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Gerstein, Bruce)
December 6, 2018 Opinion or Order Filing 602 ORDER: IT IS HEREBY ORDERED THAT: 1. The proposed form of Notice to Class Members of the pendency of this Class Action (annexed as Exhibit 1 to DPCPs' Motion) satisfies the requirements of Rule 23(c)(2)(B) and due process, is otherwise fair and reasonable, and therefore is approved. Class Counsel shall cause the Notice substantially in the form annexed as Exhibit 1 to DPCPs' Motion to be disseminated by December 14, 2018 via first-class mail to the last known address of each entity that directly purchased branded Namenda IR 5 or 10 mg tablets, and/or generic Namenda IR 5 or 10 mg tables (including an authorized generic), and/or branded Namenda XR capsules, directly from Forest or its successors in interest, Actavis and Allergan, and/or directly from any generic manufacturer at any time during the period from June 2012 until September 30, 2015. 2 The Court appoints Rust Consulting to serve as notice administrator for the Class and to assist Class Counsel in disseminating the Notice (the "Notice Administrator"). All expenses incurred by the claims administrator must be reasonable and are subject to Court approval. 3. No later than December 21, 2018, the Notice Administrator shall file a declaration confirming that notice has been provided to all class members as required herein. 4. Members of the Class may request exclusion from the Class in writing postmarked no later than February 20, 2019. Class Counsel or their designee shall monitor and record any and all opt-out requests that are received. 5. No later than March 6, 2019, the Notice Administrator shall file a declaration identifying the class members, if any, who have requested to be excluded from the Class. (Signed by Magistrate Judge Robert W. Lehrburger on 12/6/2018) Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM. (mml)
December 5, 2018 Filing 601 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Dan Litvin dated December 5, 2018 re: Notice to the Direct Purchaser Class. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
November 20, 2018 Filing 600 MANDATE of USCA (Certified Copy) USCA Case Number 18-2421. Petitioners request, pursuant to Federal Rule of Civil Procedure 23(f), leave to appeal the district court's order granting the Respondents' motion for class certification. Petitioners also move to file a reply, and Respondents move to file a sur-reply. Upon due consideration, it is hereby ORDERED that the motions to file a reply and sur-reply are GRANTED. It is further ORDERED that the Rule 23(f) petition is DENIED because an immediate appeal is not warranted. See Sumitomo Copper Litig. v. Credit Lyonnais Rouse, Ltd., 262 F.3d 134, 139-40 (2d Cir. 2001).. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/20/2018. (nd)
September 19, 2018 Filing 599 STIPULATION REGARDING FORM, MANNER, AND TIMING OF NOTICE TO THE DIRECT PURCHASER CLASS: NOW, THEREFORE, it is hereby stipulated by and between the undersigned parties through their respective counsel, as follows: 1. Defendants do not oppose Plaintiffs' proposed form or manner of notice to the direct purchaser class; 2. Plaintiffs will not disseminate notice to the direct purchaser class until the earlier of either: (a) a denial of Defendants' Rule 23(f) petition to appeal, or (b) December 3, 2018, in the event that the Second Circuit has not yet ruled on Defendants' Rule 23(f) petition by that date; and 3. If the Second Circuit grants Defendants' Rule 23(f) petition to appeal prior to December 3, 2018, Plaintiffs will delay dissemination of the notice to the direct purchaser class pending resolution of Defendants' prospective motion to stay the district court proceedings during the pendency of the appeal. Motions terminated: #589 MOTION to Approve the Form and Manner of Notice to the Direct Purchaser Class filed by Rochester Drug Co-Operative, Inc., JM Smith Corporation. (Signed by Magistrate Judge Robert W. Lehrburger on 9/18/2018) (mml)
September 18, 2018 Filing 598 PROPOSED STIPULATION AND ORDER. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
September 17, 2018 Filing 597 SEALED DOCUMENT placed in vault.(mhe)
September 11, 2018 Filing 596 NOTICE OF CHANGE OF ADDRESS by Peter Russell Kohn on behalf of Rochester Drug Co-Operative, Inc.. New Address: Faruqi & Faruqi, LLP, 1617 JFK Blvd., Suite 1550, Philadelphia, PA, United States 19103, 2152775770. (Kohn, Peter)
September 11, 2018 Filing 595 NOTICE OF CHANGE OF ADDRESS by Joseph Thomas Lukens on behalf of Rochester Drug Co-Operative, Inc.. New Address: Faruqi & Faruqi, LLP, 1617 JFK Blvd., Suite 1550, Philadelphia, PA, United States 19103, 2152775770. (Lukens, Joseph)
September 10, 2018 Opinion or Order Filing 594 ORDER: Defendants shall respond to Plaintiffs' motion dated September 5, 2018, by September 19, 2018. (Signed by Magistrate Judge Robert W. Lehrburger on 09/10/2018) (Hotelling, David)
September 7, 2018 Opinion or Order Filing 593 AMENDED 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. Dkt. No. 589. Referred to Magistrate Judge Robert W. Lehrburger. Motions referred to Robert W. Lehrburger. (Signed by Judge Colleen McMahon on 9/7/2018) (cf)
September 7, 2018 Minute Entry for proceedings held before Judge Colleen McMahon: Pretrial Conference held on 9/7/2018. Decision: The case is referred to the Honorable Robert W. Lehrburger for specific non-dispositive motion/dispute. Submitted By: Eric Silverberg. (mde)
September 5, 2018 Filing 592 SEALED DOCUMENT placed in vault.(rz)
September 5, 2018 Filing 591 SEALED DOCUMENT placed in vault.(rz)
September 5, 2018 Filing 590 MEMORANDUM OF LAW in Support re: #589 MOTION to Approve the Form and Manner of Notice to the Direct Purchaser Class . . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
September 5, 2018 Filing 589 MOTION to Approve the Form and Manner of Notice to the Direct Purchaser Class . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit Proposed Notice, #2 Text of Proposed Order Proposed Order)(Litvin, Dan)
September 4, 2018 Opinion or Order Filing 588 ORDER granting #581 Motion. IT IS HEREBY ORDERED that Plaintiffs' Motion to Remove Document from Public Docket is GRANTED. The ECF Quality Assurance and Statistics Unit shall remove ECF No. 564-1 from the public docket. (Signed by Judge Colleen McMahon on 9/4/2018) (mml)
August 29, 2018 Filing 581 MOTION TO REMOVE DOCUMENT FROM PUBLIC DOCKET . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Litvin, Dan)
August 27, 2018 Filing 587 EXHIBIT 360 O'Shaughnessy Declaration (Redacted) re: ECF 436. Document filed by JM Smith Corporation. ***Docketed pursuant to Judge McMahon's order (ECF #580)***(tro)
August 27, 2018 Filing 586 EXHIBIT 358 O'Shaughnessy Declaration (Redacted) re: ECF 436. Document filed by JM Smith Corporation. ***Docketed pursuant to Judge McMahon's order (ECF #580)***(tro)
August 27, 2018 Filing 585 EXHIBIT 357 O'Shaughnessy Declaration (Plaintiffs' Letter Ex. 8) re: ECF 436. Document filed by JM Smith Corporation. ***Docketed pursuant to Judge McMahon's order (ECF #580)***(tro)
August 27, 2018 Filing 584 EXHIBIT 14 Hamburger Declaration (Plaintiffs' Letter Ex. 1, 2...re: ECF 411) Document filed by JM Smith Corporation. ***Docketed pursuant to Judge McMahon's order (ECF #580)***(tro) Modified on 1/15/2019 (tro). Modified on 1/15/2019 (tro). (Main Document 584 replaced on 1/17/2019) (tro).
August 27, 2018 Filing 583 EXHIBIT 15 Hamburger Declaration (Plaintiff's Letter Exhibits 10... re: ECF 411. Document filed by JM Smith Corporation. ***Docketed pursuant to Judge McMahon's order (ECF #580)***(tro)
August 27, 2018 Filing 582 EXHIBIT 14 Opper Declaration (Plaintiff's Letter Ex. 9) re: ECF 420. Document filed by JM Smith Corporation. ***Docketed pursuant to Judge McMahons order (ECF #580)***(tro) Modified on 8/30/2018 (tro).
August 27, 2018 Opinion or Order Filing 580 ORDER: I have reviewed the 15 exhibits attached to the August 13 letter and Forest's response. Herewith my rulings ("Rochester/Smith" refers to the plaintiffs who sent the August 13 letter): Rochester/Smith Exhibit 1 - remain under seal, Rochester/Smith Exhibit 2 - remain under seal, Rochester/Smith Exhibit 3 - unseal, Rochester/Smith Exhibit 4 - unseal, Rochester/Smith Exhibit 5 - seal the following lines from page 57 of the Doud EBT): line 10, lines 22-25; otherwise unseal, Rochester/Smith Exhibit 6 - unseal, Rochester/Smith Exhibit 7 - unseal, Rochester/Smith Exhibit 8 - remain under seal, Rochester/Smith Exhibit 9 - remain under seal, Rochester/Smith Exhibit 10 - remain under seal, Rochester/Smith Exhibit 11 - remain under seal, Rochester/Smith Exhibit 12 - unseal, Rochester/Smith Exhibit 13 - unseal, Rochester/Smith Exhibit 14 - unseal, Rochester/Smith Exhibit 15 - unseal as further set froth in this Order. All three letters must immediately be placed on the Court's docket. The letters can be filed under seal. The parties should provide the Clerk of Court with properly redacted versions of exhibits so that the Clerk can then unseal the record on these motions. (Signed by Judge Colleen McMahon on 8/27/2018) (mml) Transmission to Sealed Records Clerk for processing.
August 26, 2018 Filing 579 DECLARATION of Dan Litvin [DECLARATION RE-FILED TO ATTACH PUBLIC VERSIONS OF EXHIBITS, WITH CONSENT OF THIRD PARTY MYLAN] in Support re: #214 MOTION to Compel Third Party Mylan Pharmaceuticals, Inc. to Produce Documents Responsive to Subpoena Request No. 12 .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit EXHIBIT B - PUBLICLY REFILED WITH CONSENT OF THIRD PARTY MYLAN, #2 Exhibit EXHIBIT C - PUBLICLY REFILED WITH CONSENT OF THIRD PARTY MYLAN)(Litvin, Dan)
August 23, 2018 Filing 578 NOTICE OF CHANGE OF ADDRESS by Nicholas Urban on behalf of All Plaintiffs. New Address: Berger Montague PC, 1818 Market Street, Suite 3600, Philadelphia, PA, United States 19103, 215-875-5701. (Urban, Nicholas)
August 23, 2018 Filing 577 NOTICE OF CHANGE OF ADDRESS by David Francis Sorensen on behalf of All Plaintiffs. New Address: Berger Montague PC, 1818 Market Street, Suite 3600, Philadelphia, PA, United States 19103, 215-875-5705. (Sorensen, David)
August 23, 2018 Filing 576 NOTICE OF CHANGE OF ADDRESS by Daniel C. Simons on behalf of All Plaintiffs. New Address: Berger Montague PC, 1818 Market Street, Suite 3600, Philadelphia, PA, United States 19103, 215-875-4675. (Simons, Daniel)
August 23, 2018 Filing 575 NOTICE OF CHANGE OF ADDRESS by Phyllis Maza Parker on behalf of All Plaintiffs. New Address: Berger Montague PC, 1818 Market Street, Suite 3600, Philadelphia, PA, United States 19103, 215-875-4647. (Parker, Phyllis)
August 23, 2018 Filing 574 NOTICE OF CHANGE OF ADDRESS by Ellen Noteware on behalf of All Plaintiffs. New Address: Berger Montague PC, 1818 Market Street, Suite 3600, Philadelphia, PA, United States 19103, 215-875-3051. (Noteware, Ellen)
August 20, 2018 Filing 573 NOTICE of Withdrawal of Attorney. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Hamburger, Michael)
August 20, 2018 Filing 572 NOTICE of Withdrawal of Attorney. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Hamburger, Michael)
August 20, 2018 Filing 571 NOTICE of Withdrawal of Attorney. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Hamburger, Michael)
August 16, 2018 Opinion or Order Filing 570 MEMORANDUM DECISION AND ORDER DENYING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT; GRANTING IN SUBSTANTIAL PART AND DENYING IN PART DEFENDANTS' DAUBERT MOTIONS TO EXCLUDE OPINIONS AND TESTIMONY OF PLAINTIFFS' EXPERTS; AND GRANTING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION: For the reasons set forth below, Defendants' motion for summary judgment is DENIED, and Plaintiffs' motion for class certification is GRANTED. This constitutes the decision and order of the Court. Forest's motion for leave to file a letter of supplemental authority (Dkt. No. 561) is DENIED. The Clerk of the Court is directed to remove the motions at Dkt. Nos. 400, 434, 437, 439, 441, 443, 445, 505, and 561 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 8/2/2018) ***Filed under seal in envelope #562, and unsealed on 8/16/2018. (anc) Modified on 8/17/2018 (anc).
August 16, 2018 Opinion or Order Filing 569 AMENDED ORDER: The directions to the Clerk of Court in the court's order dated August 15, 2018 (Dkt. No. 567) are hereby rescinded and replaced as follows: The decision at Dkt. No. 562 shall be unsealed immediately. The rest of the file will remain sealed pending further review of letters that were not provided to the court until August 16, 2018. (Signed by Judge Colleen McMahon on 8/16/2018) (mml) Transmission to Sealed Records Clerk for processing.
August 15, 2018 Filing 568 LETTER addressed to Judge Colleen McMahon from Morris J. Fodeman dated 08/15/2018 re: Court's August 15, 2018 Order. Document filed by Mylan Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A)(Fodeman, Morris)
August 15, 2018 Opinion or Order Filing 567 ORDER: Direction to the Clerk of Court: (1) Unseal the Decision and Order at Docket #562 immediately. (2) Forest will provide the Clerk with appropriately redacted copies of Exhibits 358 and 360 to the O'Shaughnessy Declaration. Substitute for those presently on file and unseal all papers filed in support of and in opposition to the following motions: Docket Nos. 400, 434, 437, 439, 441, 443, 445, 505, and 561. (3) The court will provide a letter from counsel for non-party Optum Rx, which the Clerk is to Docket as Docket #566, filed under seal. The parties will be provided with a copy of this letter for their records by email from my Deputy Clerk. (4) This order should be docketed as Docket #567 and should NOT be sealed. The parties are directed to appear for a scheduling conference at 11 AM on Friday, September 7, 2018. The court has a very busy trial docket this fall, so please try to make this date work, as I will have a hard time accommodating alternative dates. This constitutes the decision and order of the court. (Scheduling Conference set for 9/7/2018 at 11:00 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 8/15/2018) (mml) Transmission to Sealed Records Clerk for processing.
August 15, 2018 Filing 566 SEALED DOCUMENT placed in vault.(mhe)
August 13, 2018 Filing 565 LETTER addressed to Judge Colleen McMahon from Bruce E. Gerstein dated August 13, 2018 re: Response to the Court's August 2, 2018 Order Regarding Settlement Agreements. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Gerstein, Bruce)
August 10, 2018 ***STRICKEN DOCUMENT. Deleted document number [564-1] from the case record. The document was stricken from this case pursuant to #588 Order on Motion. (mml)
August 10, 2018 Filing 564 LETTER addressed to Judge Colleen McMahon from Michael Hamburger dated August 10, 2018 re: Exhibit No. 358 to the Declaration of Kristen O'Shaughnessy in Support of Forest's Motion for Summary Judgment #467 . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: # 1 Exhibit A)(Hamburger, Michael)
August 2, 2018 Opinion or Order Filing 563 ORDER: So -- the parties have until 5 pm on Monday, August 13, 2018, to identify, in any document presently filed under seal - including but not limited to today's opinion -- precise words and phrases or paragraphs that they think should be redacted from any publicly-filed version of that document. They should accompany each word or phrase with proof that it constitutes a legitimate trade secret that will not be introduced into evidence at the public trial of this case. Each such redaction request must be placed on a separate sheet of paper, and delivered to chambers. The court will rule on whether any of the sealed documents should remain sealed and whether anything in any of them, including today's decision, should be redacted. As indicated in my addendum to the protective order, my decision on this is final. From and after those rulings, no document may be filed under seal in this case without first obtaining the permission of the court - which will be granted sparingly, if at all. There will be no extension of the deadline for complying with this order. (Signed by Chief Judge Colleen McMahon on 8/2/2018) (mml)
August 2, 2018 Filing 562 SEALED DOCUMENT placed in vault.(rz)
August 2, 2018 ***Motion(s) terminated: #439 MOTION to Exclude Opinions and Proposed Testimony of Prof. Einer Elhauge filed by Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc, #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment filed by Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc, #441 MOTION to Exclude Opinion and Proposed Testimony of Dr. Ernest Berndt and Dr. Russell Lamb Regarding Forecast Averages filed by Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc, #445 MOTION to Exclude Opinions and Proposed Testimony of Dr. Russell Lamb filed by Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc, #400 MOTION to Certify Class filed by Rochester Drug Co-Operative, Inc., JM Smith Corporation, #561 MOTION for Leave to File a Letter of Supplemental Authority in Support of Forest's Opposition to DPPs' Motion for Class Certification #417 filed by Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc, #443 MOTION To Exclude Opinions and Proposed Testimony of George W. Johnston, Esq. filed by Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc, #437 MOTION to Exclude Opinions and Proposed Testimony of Janet K. DeLeon filed by Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc, #505 MOTION to Exclude Opinions and Proposed Testimony of John R. Thomas, Esq. filed by Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc. (ft)
July 17, 2018 Filing 561 MOTION for Leave to File a Letter of Supplemental Authority in Support of Forest's Opposition to DPPs' Motion for Class Certification #417 . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Toto, Martin)
July 17, 2018 Filing 560 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER addressed to Judge Colleen McMahon from Martin M. Toto dated July 17, 2018 re: notice of supplemental authority in support of Forest's Opposition to DPPs' Motion for Class Certification #417 . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Toto, Martin) Modified on 7/17/2018 (ka).
July 11, 2018 Opinion or Order Filing 559 ORDER: On July 5, 2018, Direct Purchaser Class Plaintiffs filed a letter providing supplemental authority in further support of their Motion for Class Certification, their Opposition to Forest's Motion to for Summary Judgment, and their Opposition to Forest's Motion to Exclude Certain Opinions and Proposed Testimony of Dr. Russell Lamb. (Dkt. No. 555.) Forest filed a letter in response to Plaintiffs' letter of supplemental authority on July 9, 2018. (Dkt. No. 556.) Neither Plaintiffs nor Defendants sought or received permission to file these letters, which, in large part, are a rehashing of the arguments already included in the parties' previous filings. I am striking both letters and I advise counsel to seek the Court's permission before making such filings in the future. (Signed by Judge Colleen McMahon on 7/11/2018) Copies BY ECF TO ALL COUNSEL. (anc)
July 11, 2018 Filing 558 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated July 5, 2018 re: (PUBLIC VERSION) in response to the Courts July 3, 2018 Letter to Counsel (ECF No. 551). Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
July 11, 2018 Filing 557 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated June 18, 2018 re: (PUBLIC VERSION) Supplemental AuthorityIn re AndroGel Antitrust Litig. (No. II), 1:09-md-02084, (N.D. Ga. June 14, 2018). Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
July 9, 2018 ***STRICKEN DOCUMENT. Deleted document number 556 from the case record. The document was stricken from this case pursuant to #559 Order Striking Document from Record. (anc)
July 5, 2018 ***STRICKEN DOCUMENT. Deleted document number 555 from the case record. The document was stricken from this case pursuant to #559 Order Striking Document from Record. (anc)
July 5, 2018 Filing 554 NOTICE of Filing Under Seal re: #551 Letter, 553 Sealed Document. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
July 5, 2018 Filing 553 SEALED DOCUMENT placed in vault.(rz)
July 5, 2018 Filing 552 LETTER addressed to Judge Colleen McMahon from Martin M. Toto dated July 5, 2018 re: Letter to Counsel dated July 3, 2018 regarding class certification #551 . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Toto, Martin)
July 3, 2018 Filing 551 LETTER addressed to Counsel from Judge Colleen McMahon dated 7/3/2018 re: Clarification - Class Certification Motion. (tro)
June 22, 2018 Filing 550 NOTICE of Filing Under Seal of Defendants' June 22, 2018 Letter in Response to DPP's June 18, 2018 Letter to Supplemental Authority. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
June 22, 2018 Filing 549 SEALED DOCUMENT placed in vault.(rz)
June 21, 2018 Filing 548 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated May 31, 2018 re: Response to Defendants' May 23, 2018 letter regarding supplemental authority (PUBLIC VERSION). Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
June 18, 2018 Filing 547 SEALED DOCUMENT placed in vault.(mhe)
June 18, 2018 Filing 546 NOTICE of Filing Under Seal. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 31, 2018 Filing 545 NOTICE of Filing Under Seal. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 31, 2018 Filing 544 SEALED DOCUMENT placed in vault.(rz)
May 23, 2018 Filing 543 LETTER addressed to Judge Colleen McMahon from Martin M. Toto dated May 23, 2018 re: supplemental authority in support of Defendants' Motion for Summary Judgment #434 . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit A)(Toto, Martin)
April 3, 2018 Filing 542 REPLY / Forest's Reply to Plaintiffs' Responses and Objections to Defendants' Statement of Undisputed Facts in Support of Defendants' Motion for Summary Judgment [Public Redacted Version]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (O'Shaughnessy, Kristen)
April 2, 2018 Filing 541 DECLARATION of Kristen O'Shaughnessy in Support re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 376, #2 Exhibit 379, #3 Exhibit 380, #4 Exhibit 382, #5 Exhibit 383, #6 Exhibit 385, #7 Exhibit 389, #8 Exhibit 390, #9 Exhibit 398, #10 Exhibit 399, #11 Exhibit 400, #12 Exhibit 403, #13 Exhibit 404, #14 Exhibit 406, #15 Exhibit 409, #16 Exhibit 412, #17 Exhibit 413, #18 Exhibit 415, #19 Exhibit 416)(O'Shaughnessy, Kristen)
April 2, 2018 Filing 540 Objection /Forest's Objections and Responses to Plaintiffs' Affirmative Statement of Material Facts in Opposition to Forest's Motion for Summary Judgment [Public Redacted Version]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (O'Shaughnessy, Kristen)
April 2, 2018 Filing 539 REPLY MEMORANDUM OF LAW in Support re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment. [Public Redacted Version]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (O'Shaughnessy, Kristen)
April 2, 2018 Filing 538 DECLARATION of Michael E. Hamburger in Support re: #439 MOTION to Exclude Opinions and Proposed Testimony of Prof. Einer Elhauge ., #505 MOTION to Exclude Opinions and Proposed Testimony of John R. Thomas, Esq. ., #445 MOTION to Exclude Opinions and Proposed Testimony of Dr. Russell Lamb ., #441 MOTION to Exclude Opinion and Proposed Testimony of Dr. Ernest Berndt and Dr. Russell Lamb Regarding Forecast Averages ., #443 MOTION To Exclude Opinions and Proposed Testimony of George W. Johnston, Esq. ., #437 MOTION to Exclude Opinions and Proposed Testimony of Janet K. DeLeon .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 45 [Redacted], #2 Exhibit 49)(O'Shaughnessy, Kristen)
April 2, 2018 Filing 537 REPLY MEMORANDUM OF LAW in Support re: #505 MOTION to Exclude Opinions and Proposed Testimony of John R. Thomas, Esq. . . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (O'Shaughnessy, Kristen)
April 2, 2018 Filing 536 REPLY MEMORANDUM OF LAW in Support re: #441 MOTION to Exclude Opinion and Proposed Testimony of Dr. Ernest Berndt and Dr. Russell Lamb Regarding Forecast Averages . [Public Redacted Version]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (O'Shaughnessy, Kristen)
April 2, 2018 Filing 535 REPLY MEMORANDUM OF LAW in Support re: #443 MOTION To Exclude Opinions and Proposed Testimony of George W. Johnston, Esq. . [Public Redacted Version]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (O'Shaughnessy, Kristen)
April 2, 2018 Filing 534 REPLY MEMORANDUM OF LAW in Support re: #439 MOTION to Exclude Opinions and Proposed Testimony of Prof. Einer Elhauge . [Public Redacted Version]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (O'Shaughnessy, Kristen)
April 2, 2018 Filing 533 REPLY MEMORANDUM OF LAW in Support re: #437 MOTION to Exclude Opinions and Proposed Testimony of Janet K. DeLeon . [Public Redacted Version]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (O'Shaughnessy, Kristen)
April 2, 2018 Filing 532 REPLY MEMORANDUM OF LAW in Support re: #445 MOTION to Exclude Opinions and Proposed Testimony of Dr. Russell Lamb . [Public Redacted Version]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (O'Shaughnessy, Kristen)
February 23, 2018 Filing 531 PROPOSED JURY INSTRUCTIONS. Document filed by JM Smith Corporation, Teva Pharmaceuticals USA, Inc..(Litvin, Dan)
February 23, 2018 Filing 530 NOTICE of / Forest's Proposed Verdict Form and Jury Charges. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1 - Defendants' Proposed Verdict Form, #2 Exhibit 2 - Forest's Proposed Jury Charges)(O'Shaughnessy, Kristen)
February 22, 2018 Filing 529 PRETRIAL MEMORANDUM. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Plaintiffs' Contentions [REDACTED], #2 Exhibit Exhibit 2 - Defendants' Contentions [REDACTED], #3 Exhibit Exhibit 3 - Plaintiffs' Ex. List [WITHHELD IN FULL], #4 Exhibit Exhibit 4 - Defendants' Ex. List [WITHHELD IN FULL], #5 Exhibit Exhibit 5 - Deposition designations)(Litvin, Dan)
February 22, 2018 Filing 528 COUNTER STATEMENT TO #466 Rule 56.1 Statement. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
February 22, 2018 Filing 527 RULE 56.1 STATEMENT. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
February 22, 2018 Filing 526 MEMORANDUM OF LAW in Opposition re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment. [RE-FILED PUBLIC REDACTED VERSION]. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
February 22, 2018 Filing 525 MEMORANDUM OF LAW in Opposition re: #439 MOTION to Exclude Opinions and Proposed Testimony of Prof. Einer Elhauge . [RE-FILED PUBLIC REDACTED VERSION]. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
February 22, 2018 Filing 524 MEMORANDUM OF LAW in Opposition re: #443 MOTION To Exclude Opinions and Proposed Testimony of George W. Johnston, Esq. . [RE-FILED PUBLIC REDACTED VERSION]. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
February 20, 2018 Filing 523 RESPONSE in Support of Motion re: #400 MOTION to Certify Class . RESPONSE TO FORESTS MOTION FOR LEAVE TO FILE A SUR-REPLY IN FURTHER OPPOSITION TO DIRECT PURCHASER CLASS PLAINTIFFS MOTION FOR CLASS CERTIFICATION. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
February 15, 2018 Opinion or Order Filing 522 ORDER: granting #521 Motion to Seal Document. Request for temporary removal of ECF 493, 495, 498, 499 & 500 granted pending determination of confidentiality assertions. Parties are directed to resolve the issue by February 22. (Signed by Magistrate Judge Robert W. Lehrburger on 2/15/2018) (ap).
February 15, 2018 ***DELETED DOCUMENT. Deleted document number 495 Memorandum of Law. As per Order of 2/15/2018, at Dkt. No. #522 (ap)
February 15, 2018 ***DELETED DOCUMENT. Deleted document number 498 Memorandum of Law. As per Order of 2/15/2018, at Dkt. No. #522 (ap)
February 15, 2018 ***DELETED DOCUMENT. Deleted document number 499 Rule 56.1 Statement. As per Order of 2/15/2018, at Dkt. No. #522 (ap)
February 15, 2018 ***DELETED DOCUMENT. Deleted document number 500 Counter Statement. As per Order of 2/15/2018, at Dkt. No. #522 (ap)
February 14, 2018 Filing 521 LETTER MOTION to Seal Document 498 Memorandum of Law in Opposition to Motion, 493 Memorandum of Law in Opposition to Motion, 500 Counter Statement to Rule 56.1, 499 Rule 56.1 Statement, 495 Memorandum of Law in Opposition to Motion addressed to Magistrate Judge Robert W. Lehrburger from Dan Litvin dated February 14, 2018. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
February 12, 2018 Opinion or Order Filing 520 ORDER granting #519 Motion to Seal Document. Request GRANTED. The Clerk of the Court is respectfully directed to remove ECF No. 517, with exhibits. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 2/12/2018) (anc)
February 9, 2018 Filing 519 LETTER MOTION to Seal Document 517 Pretrial Memorandum, addressed to Magistrate Judge Robert W. Lehrburger from Dan Litvin dated February 9, 2018. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
February 8, 2018 Opinion or Order Filing 518 ORDER FOR ADMISSION PRO HAC VICE granting #516 Motion for Stuart E. Des Roches to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 2/8/2018) (rj)
February 7, 2018 ***DELETED DOCUMENT. Deleted document number 517 PRETRIAL MEMORANDUM. Document and entry removed pursuant to Judge's Order, see entry 520. (anc) Modified on 2/12/2018 (anc).
February 7, 2018 Filing 516 MOTION for Stuart E. Des Roches to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14674065. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JM Smith Corporation. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Des Roches, Stuart)
February 7, 2018 Filing 515 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #516 Motion) - NOTICE OF APPEARANCE by Stuart Edward Des Roches on behalf of JM Smith Corporation. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Des Roches, Stuart) Modified on 2/8/2018 (db).
February 7, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #516 MOTION for Stuart E. Des Roches to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14674065. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
February 6, 2018 Filing 514 NOTICE of Filing Under Seal of Forest's Notice of Motion and Motion for Leave to File a Sur-Reply in Further Opposition to Direct Purchaser Plaintiffs' Motion for Class Certification. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1 - Forest's Sur-Reply in Further Opposition to Direct Purchaser Plaintiffs' Motion for Class Certification [Redacted], #2 Exhibit A to Declaration of Michael E. Hamburger in Support of Forest's Sur-Reply in Further Opposition to Direct Purchaser Plaintiffs' Motion for Class Certification)(Hamburger, Michael)
February 6, 2018 Filing 513 SEALED DOCUMENT placed in vault.(mps)
January 31, 2018 Filing 512 NOTICE of Filing Under Seal re: #505 MOTION to Exclude Opinions and Proposed Testimony of John R. Thomas, Esq. .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Johnson, Ryan)
January 31, 2018 Filing 511 SEALED DOCUMENT placed in vault.(mps)
January 24, 2018 Filing 510 SEALED DOCUMENT placed in vault.(rz)
January 24, 2018 Filing 509 DECLARATION of Dan Litvin in Opposition re: #505 MOTION to Exclude Opinions and Proposed Testimony of John R. Thomas, Esq. .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1 - filed under seal, #2 Exhibit 2 - filed under seal, #3 Exhibit 3 - filed under seal)(Litvin, Dan)
January 24, 2018 Filing 508 NOTICE of FILING UNDER SEAL. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
January 23, 2018 Filing 507 NOTICE of Filing Under Seal re: #506 Declaration in Support of Motion, #505 MOTION to Exclude Opinions and Proposed Testimony of John R. Thomas, Esq. .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Johnson, Ryan)
January 23, 2018 Filing 506 DECLARATION of Ryan P. Johnson in Support re: #505 MOTION to Exclude Opinions and Proposed Testimony of John R. Thomas, Esq. .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1 (Filed Under Seal), #2 Exhibit 2 (Filed Under Seal), #3 Exhibit 3- Excerpts from the deposition transcript of John R. Thomas, dated Oct. 30, 2013)(Johnson, Ryan)
January 23, 2018 Filing 505 MOTION to Exclude Opinions and Proposed Testimony of John R. Thomas, Esq. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Text of Proposed Order)(Johnson, Ryan)
January 23, 2018 Filing 504 SEALED DOCUMENT placed in vault.(mps)
January 23, 2018 Filing 503 MEMO ENDORSEMENT granting #485 Letter Motion for Leave to File Document. ENDORSEMENT: OK, file the motion. (Signed by Judge Colleen McMahon on 1/23/2018) (kgo)
January 18, 2018 ***DELETED DOCUMENT. Deleted document number 493 Memorandum of Law. As per Order of 2/15/2018, at Dkt. No. #522 (ap)
January 18, 2018 Filing 502 DECLARATION of Dan Litvin in Opposition re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 PUBLIC EXHIBITS PART 1, #2 PUBLIC EXHIBITS PART 2, #3 PUBLIC EXHIBITS PART 3, #4 PUBLIC EXHIBITS PART 4, #5 PUBLIC EXHIBITS PART 5, #6 PUBLIC EXHIBITS PART 6, #7 PUBLIC EXHIBITS PART 7, #8 PUBLIC EXHIBITS PART 8, #9 PUBLIC EXHIBITS PART 9, #10 PUBLIC EXHIBITS PART 10)(Litvin, Dan)
January 18, 2018 Filing 501 DECLARATION of Joseph Opper in Opposition re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 18, #5 Exhibit 19, #6 Exhibit 21, #7 Exhibit 22, #8 Exhibit 30)(Litvin, Dan)
January 18, 2018 Filing 500 COUNTER STATEMENT TO #466 Rule 56.1 Statement. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
January 18, 2018 Filing 499 RULE 56.1 STATEMENT. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
January 18, 2018 Filing 498 MEMORANDUM OF LAW in Opposition re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment. PUBLIC VERSION. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
January 18, 2018 Filing 497 MEMORANDUM OF LAW in Opposition re: #445 MOTION to Exclude Opinions and Proposed Testimony of Dr. Russell Lamb . PUBLIC VERSION. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
January 18, 2018 Filing 496 MEMORANDUM OF LAW in Opposition re: #441 MOTION to Exclude Opinion and Proposed Testimony of Dr. Ernest Berndt and Dr. Russell Lamb Regarding Forecast Averages . PUBLIC VERSION. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
January 18, 2018 Filing 495 MEMORANDUM OF LAW in Opposition re: #439 MOTION to Exclude Opinions and Proposed Testimony of Prof. Einer Elhauge . PUBLIC VERSION. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
January 18, 2018 Filing 494 MEMORANDUM OF LAW in Opposition re: #437 MOTION to Exclude Opinions and Proposed Testimony of Janet K. DeLeon . PUBLIC VERSION. Document filed by Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
January 18, 2018 Filing 493 MEMORANDUM OF LAW in Opposition re: #443 MOTION To Exclude Opinions and Proposed Testimony of George W. Johnston, Esq. . PUBLIC VERSION. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
January 12, 2018 Filing 492 SEALED DOCUMENT placed in vault.(mps)
January 12, 2018 Filing 491 PROPOSED VOIR DIRE QUESTIONS. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(O'Shaughnessy, Kristen)
January 12, 2018 Filing 490 NOTICE of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Proposed Verdict Form and Jury Charges, #2 Exhibit 1 to Proposed Verdict Form and Jury Charges (Filed Under Seal), #3 Exhibit 2 to Proposed Verdict Form and Jury Charges (Filed Under Seal), #4 Exhibit A to Exhibit 2, #5 Exhibit B to Exhibit 2, #6 Exhibit C to Exhibit 2, #7 Exhibit D to Exhibit 2, #8 Exhibit E to Exhibit 2, #9 Exhibit F to Exhibit 2, #10 Exhibit G to Exhibit 2, #11 Exhibit H to Exhibit 2, #12 Exhibit I to Exhibit 2, #13 Exhibit J to Exhibit 2)(O'Shaughnessy, Kristen)
January 12, 2018 Filing 489 SEALED DOCUMENT placed in vault.(mps)
January 12, 2018 Filing 488 PROPOSED VOIR DIRE QUESTIONS. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
January 12, 2018 Filing 487 NOTICE of Filing Under Seal. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
January 9, 2018 Filing 486 NOTICE of of Filing Under Seal re: #485 MOTION for Leave to File Motion to Exclude Opinions and Proposed Testimony of John R. Thomas, Esq. .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Johnson, Ryan)
January 9, 2018 Filing 485 MOTION for Leave to File Motion to Exclude Opinions and Proposed Testimony of John R. Thomas, Esq. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit A- Proposed Motion, #2 Exhibit B- Filed Under Seal, #3 Exhibit C- Proposed Declaration, #4 Exhibit 1 to Proposed Declaration (Filed Under Seal), #5 Exhibit 2 to Proposed Declaration (Filed Under Seal), #6 Exhibit 3 to Proposed Declaration)(Johnson, Ryan)
January 9, 2018 Filing 484 SEALED DOCUMENT placed in vault.(mps)
January 8, 2018 Filing 483 NOTICE of Filing Under Seal re: #481 Notice (Other),. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
January 8, 2018 Filing 482 SEALED DOCUMENT placed in vault.(mps)
January 5, 2018 Filing 481 NOTICE of Filing Under Seal - Sur-reply in Further Opposition re: #439 MOTION to Exclude Opinions and Proposed Testimony of Prof. Einer Elhauge .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
January 5, 2018 Filing 480 SEALED DOCUMENT placed in vault.(mps)
January 5, 2018 Filing 479 DECLARATION of Kristen O'Shaughnessy in Support re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 376 - Filed Under Seal, #2 Exhibit 377 - Filed Under Seal, #3 Exhibit 378 - Filed Under Seal, #4 Exhibit 379 - Filed Under Seal, #5 Exhibit 380 - Filed Under Seal, #6 Exhibit 381 - Filed Under Seal, #7 Exhibit 382 - Filed Under Seal, #8 Exhibit 383 - Filed Under Seal, #9 Exhibit 384 - Filed Under Seal, #10 Exhibit 385 - Filed Under Seal, #11 Exhibit 386 - Filed Under Seal, #12 Exhibit 387 - Filed Under Seal, #13 Exhibit 388 - Filed Under Seal, #14 Exhibit 389 - Filed Under Seal, #15 Exhibit 390 - Filed Under Seal, #16 Exhibit 391 - Filed Under Seal, #17 Exhibit 392 - Filed Under Seal, #18 Exhibit 393 - Filed Under Seal, #19 Exhibit 394 - Filed Under Seal, #20 Exhibit 395 - Filed Under Seal, #21 Exhibit 396 - Filed Under Seal, #22 Exhibit 397 - Filed Under Seal, #23 Exhibit 398 - Filed Under Seal, #24 Exhibit 399 - Filed Under Seal, #25 Exhibit 400 - Filed Under Seal, #26 Exhibit 401 - Filed Under Seal, #27 Exhibit 402 - Filed Under Seal, #28 Exhibit 403 - Filed Under Seal, #29 Exhibit 404 - Filed Under Seal, #30 Exhibit 405 - Filed Under Seal, #31 Exhibit 406 - Filed Under Seal, #32 Exhibit 407 - Filed Under Seal, #33 Exhibit 408 - Filed Under Seal, #34 Exhibit 409 - Filed Under Seal, #35 Exhibit 410 - Filed Under Seal, #36 Exhibit 411 - Filed Under Seal, #37 Exhibit 412 - Filed Under Seal, #38 Exhibit 413 - Filed Under Seal, #39 Exhibit 414 - Filed Under Seal, #40 Exhibit 415 - Filed Under Seal, #41 Exhibit 416 - Filed Under Seal, #42 Exhibit 417 - Filed Under Seal)(O'Shaughnessy, Kristen)
January 5, 2018 Filing 478 SEALED DOCUMENT placed in vault.(rz)
January 5, 2018 Filing 477 NOTICE of Filing Under Seal re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (O'Shaughnessy, Kristen)
December 29, 2017 Filing 476 DECLARATION of Michael E. Hamburger in Support re: #439 MOTION to Exclude Opinions and Proposed Testimony of Prof. Einer Elhauge ., #441 MOTION to Exclude Opinion and Proposed Testimony of Dr. Ernest Berndt and Dr. Russell Lamb Regarding Forecast Averages ., #443 MOTION To Exclude Opinions and Proposed Testimony of George W. Johnston, Esq. ., #437 MOTION to Exclude Opinions and Proposed Testimony of Janet K. DeLeon ., #445 MOTION to Exclude Opinions and Proposed Testimony of Dr. Russell Lamb .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 41 - Filed Under Seal, #2 Exhibit 42 - Filed Under Seal, #3 Exhibit 43 - Filed Under Seal, #4 Exhibit 44 - Filed Under Seal, #5 Exhibit 45 - Filed Under Seal, #6 Exhibit 46 - Filed Under Seal, #7 Exhibit 47 - Filed Under Seal, #8 Exhibit 48 - Filed Under Seal, #9 Exhibit 49 - Filed Under Seal, #10 Exhibit 50 - Filed Under Seal, #11 Exhibit 51 - Filed Under Seal)(O'Shaughnessy, Kristen)
December 29, 2017 Filing 475 NOTICE of Filing Under Seal re: #439 MOTION to Exclude Opinions and Proposed Testimony of Prof. Einer Elhauge ., #445 MOTION to Exclude Opinions and Proposed Testimony of Dr. Russell Lamb ., #441 MOTION to Exclude Opinion and Proposed Testimony of Dr. Ernest Berndt and Dr. Russell Lamb Regarding Forecast Averages ., #443 MOTION To Exclude Opinions and Proposed Testimony of George W. Johnston, Esq. ., #437 MOTION to Exclude Opinions and Proposed Testimony of Janet K. DeLeon .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (O'Shaughnessy, Kristen)
December 29, 2017 Filing 474 SEALED DOCUMENT placed in vault.(rz)
December 22, 2017 Filing 473 DECLARATION of Michael E. Hamburger in Support re: #439 MOTION to Exclude Opinions and Proposed Testimony of Prof. Einer Elhauge ., #441 MOTION to Exclude Opinion and Proposed Testimony of Dr. Ernest Berndt and Dr. Russell Lamb Regarding Forecast Averages ., #443 MOTION To Exclude Opinions and Proposed Testimony of George W. Johnston, Esq. ., #437 MOTION to Exclude Opinions and Proposed Testimony of Janet K. DeLeon ., #445 MOTION to Exclude Opinions and Proposed Testimony of Dr. Russell Lamb .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 List of Exhibits File Under Seal, #2 Exhibit 17 to the Declaration of Michael E. Hamburger (Redacted), #3 Exhibit 18 to the Declaration of Michael E. Hamburger, #4 Exhibit 24 to the Declaration of Michael E. Hamburger, #5 Exhibit 28 to the Declaration of Michael E. Hamburger (Redacted), #6 Exhibit 29 to the Declaration of Michael E. Hamburger (Redacted), #7 Exhibit 30 to the Declaration of Michael E. Hamburger (Redacted))(Hamburger, Michael)
December 22, 2017 Filing 472 MEMORANDUM OF LAW in Support re: #445 MOTION to Exclude Opinions and Proposed Testimony of Dr. Russell Lamb . [Public Redacted]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
December 22, 2017 Filing 471 MEMORANDUM OF LAW in Support re: #443 MOTION To Exclude Opinions and Proposed Testimony of George W. Johnston, Esq. . [Public Redacted]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
December 22, 2017 Filing 470 MEMORANDUM OF LAW in Support re: #439 MOTION to Exclude Opinions and Proposed Testimony of Prof. Einer Elhauge . [Public Redacted]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
December 22, 2017 Filing 469 MEMORANDUM OF LAW in Support re: #437 MOTION to Exclude Opinions and Proposed Testimony of Janet K. DeLeon . [Public Redacted]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
December 22, 2017 Filing 468 MEMORANDUM OF LAW in Support re: #441 MOTION to Exclude Opinion and Proposed Testimony of Dr. Ernest Berndt and Dr. Russell Lamb Regarding Forecast Averages . [Public Redacted]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
December 22, 2017 Filing 467 DECLARATION of Kristen O'Shaughnessy in Support re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 List of Exhibits Filed Under Seal, #2 Exhibit 1 to the Declaration of Kristen O'Shaughnessy, #3 Exhibit 2 to the Declaration of Kristen O'Shaughnessy, #4 Exhibit 6 to the Declaration of Kristen O'Shaughnessy (Redacted), #5 Exhibit 7-1 to the Declaration of Kristen O'Shaughnessy, #6 Exhibit 7-2 to the Declaration of Kristen O'Shaughnessy, #7 Exhibit 7-3 to the Declaration of Kristen O'Shaughnessy, #8 Exhibit 10 to the Declaration of Kristen O'Shaughnessy, #9 Exhibit 11 to the Declaration of Kristen O'Shaughnessy (Redacted), #10 Exhibit 14 to the Declaration of Kristen O'Shaughnessy, #11 Exhibit 15 to the Declaration of Kristen O'Shaughnessy, #12 Exhibit 17 to the Declaration of Kristen O'Shaughnessy (Redacted), #13 Exhibit 18 to the Declaration of Kristen O'Shaughnessy, #14 Exhibit 19 to the Declaration of Kristen O'Shaughnessy, #15 Exhibit 20 to the Declaration of Kristen O'Shaughnessy, #16 Exhibit 21 to the Declaration of Kristen O'Shaughnessy, #17 Exhibit 61 to the Declaration of Kristen O'Shaughnessy (Redacted), #18 Exhibit 81 to the Declaration of Kristen O'Shaughnessy, #19 Exhibit 123 to the Declaration of Kristen O'Shaughnessy (Redacted), #20 Exhibit 133 to the Declaration of Kristen O'Shaughnessy, #21 Exhibit 134 to the Declaration of Kristen O'Shaughnessy, #22 Exhibit 135 to the Declaration of Kristen O'Shaughnessy, #23 Exhibit 136 to the Declaration of Kristen O'Shaughnessy, #24 Exhibit 137 to the Declaration of Kristen O'Shaughnessy, #25 Exhibit 138 to the Declaration of Kristen O'Shaughnessy, #26 Exhibit 139 to the Declaration of Kristen O'Shaughnessy, #27 Exhibit 141 to the Declaration of Kristen O'Shaughnessy, #28 Exhibit 142 to the Declaration of Kristen O'Shaughnessy, #29 Exhibit 143 to the Declaration of Kristen O'Shaughnessy, #30 Exhibit 144 to the Declaration of Kristen O'Shaughnessy, #31 Exhibit 145 to the Declaration of Kristen O'Shaughnessy, #32 Exhibit 146 to the Declaration of Kristen O'Shaughnessy, #33 Exhibit 147 to the Declaration of Kristen O'Shaughnessy, #34 Exhibit 148 to the Declaration of Kristen O'Shaughnessy, #35 Exhibit 149 to the Declaration of Kristen O'Shaughnessy, #36 Exhibit 150 to the Declaration of Kristen O'Shaughnessy, #37 Exhibit 151 to the Declaration of Kristen O'Shaughnessy, #38 Exhibit 152 to the Declaration of Kristen O'Shaughnessy, #39 Exhibit 153 to the Declaration of Kristen O'Shaughnessy, #40 Exhibit 154 to the Declaration of Kristen O'Shaughnessy, #41 Exhibit 155 to the Declaration of Kristen O'Shaughnessy, #42 Exhibit 156 to the Declaration of Kristen O'Shaughnessy, #43 Exhibit 157 to the Declaration of Kristen O'Shaughnessy, #44 Exhibit 158 to the Declaration of Kristen O'Shaughnessy, #45 Exhibit 159 to the Declaration of Kristen O'Shaughnessy, #46 Exhibit 160 to the Declaration of Kristen O'Shaughnessy, #47 Exhibit 161 to the Declaration of Kristen O'Shaughnessy, #48 Exhibit 162 to the Declaration of Kristen O'Shaughnessy, #49 Exhibit 163 to the Declaration of Kristen O'Shaughnessy, #50 Exhibit 164 to the Declaration of Kristen O'Shaughnessy, #51 Exhibit 165 to the Declaration of Kristen O'Shaughnessy, #52 Exhibit 167 to the Declaration of Kristen O'Shaughnessy, #53 Exhibit 183 to the Declaration of Kristen O'Shaughnessy, #54 Exhibit 185 to the Declaration of Kristen O'Shaughnessy, #55 Exhibit 186 to the Declaration of Kristen O'Shaughnessy, #56 Exhibit 187 to the Declaration of Kristen O'Shaughnessy, #57 Exhibit 188 to the Declaration of Kristen O'Shaughnessy, #58 Exhibit 189 to the Declaration of Kristen O'Shaughnessy (Redacted), #59 Exhibit 197 to the Declaration of Kristen O'Shaughnessy, #60 Exhibit 198 to the Declaration of Kristen O'Shaughnessy (Redacted), #61 Exhibit 199 to the Declaration of Kristen O'Shaughnessy (Redacted), #62 Exhibit 200 to the Declaration of Kristen O'Shaughnessy, #63 Exhibit 202 to the Declaration of Kristen O'Shaughnessy (Redacted), #64 Exhibit 209 to the Declaration of Kristen O'Shaughnessy, #65 Exhibit 210 to the Declaration of Kristen O'Shaughnessy, #66 Exhibit 211 to the Declaration of Kristen O'Shaughnessy, #67 Exhibit 212 to the Declaration of Kristen O'Shaughnessy, #68 Exhibit 213 to the Declaration of Kristen O'Shaughnessy, #69 Exhibit 214 to the Declaration of Kristen O'Shaughnessy, #70 Exhibit 215 to the Declaration of Kristen O'Shaughnessy, #71 Exhibit 216 to the Declaration of Kristen O'Shaughnessy, #72 Exhibit 217 to the Declaration of Kristen O'Shaughnessy, #73 Exhibit 218 to the Declaration of Kristen O'Shaughnessy, #74 Exhibit 230 to the Declaration of Kristen O'Shaughnessy, #75 Exhibit 284 to the Declaration of Kristen O'Shaughnessy (Redacted), #76 Exhibit 285 to the Declaration of Kristen O'Shaughnessy (Redacted), #77 Exhibit 288 to the Declaration of Kristen O'Shaughnessy, #78 Exhibit 289 to the Declaration of Kristen O'Shaughnessy, #79 Exhibit 290 to the Declaration of Kristen O'Shaughnessy, #80 Exhibit 291 to the Declaration of Kristen O'Shaughnessy, #81 Exhibit 293 to the Declaration of Kristen O'Shaughnessy, #82 Exhibit 294 to the Declaration of Kristen O'Shaughnessy, #83 Exhibit 295 to the Declaration of Kristen O'Shaughnessy, #84 Exhibit 296 to the Declaration of Kristen O'Shaughnessy (Redacted), #85 Exhibit 297 to the Declaration of Kristen O'Shaughnessy, #86 Exhibit 298 to the Declaration of Kristen O'Shaughnessy, #87 Exhibit 299 to the Declaration of Kristen O'Shaughnessy, #88 Exhibit 300 to the Declaration of Kristen O'Shaughnessy, #89 Exhibit 301 to the Declaration of Kristen O'Shaughnessy, #90 Exhibit 302 to the Declaration of Kristen O'Shaughnessy, #91 Exhibit 306 to the Declaration of Kristen O'Shaughnessy, #92 Exhibit 307 to the Declaration of Kristen O'Shaughnessy, #93 Exhibit 308 to the Declaration of Kristen O'Shaughnessy, #94 Exhibit 310 to the Declaration of Kristen O'Shaughnessy, #95 Exhibit 316 to the Declaration of Kristen O'Shaughnessy, #96 Exhibit 317 to the Declaration of Kristen O'Shaughnessy, #97 Exhibit 318 to the Declaration of Kristen O'Shaughnessy, #98 Exhibit 319 to the Declaration of Kristen O'Shaughnessy, #99 Exhibit 320 to the Declaration of Kristen O'Shaughnessy, #100 Exhibit 321 to the Declaration of Kristen O'Shaughnessy (Redacted), #101 Exhibit 322 to the Declaration of Kristen O'Shaughnessy, #102 Exhibit 323 to the Declaration of Kristen O'Shaughnessy, #103 Exhibit 325 to the Declaration of Kristen O'Shaughnessy (Redacted), #104 Exhibit 326 to the Declaration of Kristen O'Shaughnessy, #105 Exhibit 327 to the Declaration of Kristen O'Shaughnessy (Redacted), #106 Exhibit 330 to the Declaration of Kristen O'Shaughnessy (Redacted), #107 Exhibit 331 to the Declaration of Kristen O'Shaughnessy (Redacted), #108 Exhibit 353 to the Declaration of Kristen O'Shaughnessy (Redacted), #109 Exhibit 354 to the Declaration of Kristen O'Shaughnessy (Redacted), #110 Exhibit 359 to the Declaration of Kristen O'Shaughnessy (Redacted), #111 Exhibit 361 to the Declaration of Kristen O'Shaughnessy (Redacted), #112 Exhibit 362 to the Declaration of Kristen O'Shaughnessy, #113 Exhibit 365 to the Declaration of Kristen O'Shaughnessy (Redacted), #114 Exhibit 373 to the Declaration of Kristen O'Shaughnessy)(O'Shaughnessy, Kristen)
December 22, 2017 Filing 466 RULE 56.1 STATEMENT. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
December 22, 2017 Filing 465 MEMORANDUM OF LAW in Support re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment. /Defendants' Corrected Memorandum of Law in Support [Redacted]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Toto, Martin)
December 20, 2017 Opinion or Order Filing 464 ORDER DENYING DEFENDANTS' EMERGENCY MOTION TO STRIKE PLAINTIFFS' AFFIRMATIVE STATEMENT OF MATERIAL FACTS IN OPPOSITION TO DEFENDANTS' MOTION FOR SUMMARY JUDGMENT denying #457 Motion to Strike ; denying as moot #462 Letter Motion for Leave to File Document. Defendants Forest Laboratories, Inc., Forest Laboratories, LLC, Forest Laboratories Holdings Ltd., and Actavis plc (collectively "Forest") move to strike Direct Purchaser Plaintiffs' ("Plaintiffs") Affirmative Statement of Material Facts in Opposition to Forest's Motion for Summary Judgment (the "Affirmative Statement"). Their motion is DENIED. Defendants' emergency motion to strike Plaintiffs' Affirmative Statement (Dkt. No. 457) is DENIED. Plaintiffs' motion for leave to file a sur-reply (Dkt. No. 462) in further opposition to Forest's emergency motion is DENIED as moot. Nonetheless, in light of the robust filing and Defendants' Reply being due in the middle of the holiday season (December 29, 2017), Defendants have an additional week, until January 5, 2018 to file a Reply if it so chooses. The Clerk of the Court is directed to remove Dkt. Nos. 457 and 462 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 12/20/2017) (kgo)
December 20, 2017 Set/Reset Deadlines: Replies due by 1/5/2018. (kgo)
December 18, 2017 Filing 463 RESPONSE in Opposition to Motion re: #462 MOTION for Leave to File SUR-REPLY IN FURTHER OPPOSITION TO FORESTS EMERGENCY MOTION TO STRIKE PLAINTIFFS AFFIRMATIVE STATEMENT OF MATERIAL FACTS IN OPPOSITION TO FORESTS MOTION FOR SUMMARY JUDGMENT . . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Hamburger, Michael)
December 18, 2017 Filing 462 MOTION for Leave to File SUR-REPLY IN FURTHER OPPOSITION TO FORESTS EMERGENCY MOTION TO STRIKE PLAINTIFFS AFFIRMATIVE STATEMENT OF MATERIAL FACTS IN OPPOSITION TO FORESTS MOTION FOR SUMMARY JUDGMENT . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1 [proposed sur-reply])(Litvin, Dan)
December 15, 2017 Filing 461 REPLY MEMORANDUM OF LAW in Support re: #457 EMERGENCY MOTION to Strike Document No. 456 /Forest's Notice of Motion and Emergency Motion to Strike Plaintiffs' Affirmative Statement of Material Facts in Opposition to Forest's Motion for Summary Judgment. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Hamburger, Michael)
December 14, 2017 Filing 460 SEALED DOCUMENT placed in vault.(rz)
December 14, 2017 Filing 459 NOTICE of of Filing Under Seal. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
December 13, 2017 Filing 458 MEMORANDUM OF LAW in Support re: #457 EMERGENCY MOTION to Strike Document No. 456 /Forest's Notice of Motion and Emergency Motion to Strike Plaintiffs' Affirmative Statement of Material Facts in Opposition to Forest's Motion for Summary Judgment. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Hamburger, Michael)
December 13, 2017 Filing 457 EMERGENCY MOTION to Strike Document No. 456 /Forest's Notice of Motion and Emergency Motion to Strike Plaintiffs' Affirmative Statement of Material Facts in Opposition to Forest's Motion for Summary Judgment. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Text of Proposed Order)(Hamburger, Michael)
December 11, 2017 Filing 456 SEALED DOCUMENT placed in vault.(rz)
December 11, 2017 Filing 455 NOTICE of of Filing Under Seal. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
December 7, 2017 Filing 454 MEMO ENDORSEMENT on re: #453 Letter filed by Rochester Drug Co-Operative, Inc., JM Smith Corporation. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 12/7/2017) (cf)
December 6, 2017 Filing 453 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated December 6, 2017 re: permission to submit multiple CDs; permission to use slip sheets. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
December 5, 2017 Filing 452 MEMO ENDORSEMENT on re: #451 Letter, filed by Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc. ENDORSEMENT: Just submit a completed corrected copy. (Signed by Judge Colleen McMahon on 12/5/2017) (kgo)
December 4, 2017 Filing 451 LETTER addressed to Judge Colleen McMahon from Heather Burke dated December 4, 2017 re: Permission to submit corrections to Defendants' motion for summary judgment and accompanying documents filed on November 17, 2017. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Burke, Heather)
November 29, 2017 Filing 450 NOTICE OF APPEARANCE by William Harold Bave, III on behalf of Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Bave, William)
November 29, 2017 Filing 449 NOTICE OF APPEARANCE by John Hail Chung on behalf of Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Chung, John)
November 17, 2017 Filing 448 SEALED DOCUMENT placed in vault.(mps)
November 17, 2017 Filing 447 NOTICE of of Filing Under Seal Forest's Daubert Motions. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Hamburger, Michael)
November 17, 2017 Filing 446 DECLARATION of Michael E. Hamburger in Support re: #445 MOTION to Exclude Opinions and Proposed Testimony of Dr. Russell Lamb .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1- Filed Under Seal, #2 Exhibit 2- Filed Under Seal, #3 Exhibit 3- Filed Under Seal, #4 Exhibit 4- Filed Under Seal, #5 Exhibit 5- Filed Under Seal, #6 Exhibit 6- Filed Under Seal, #7 Exhibit 7- Filed Under Seal, #8 Exhibit 8- Filed Under Seal, #9 Exhibit 9- Filed Under Seal, #10 Exhibit 10- Filed Under Seal, #11 Exhibit 11- Filed Under Seal, #12 Exhibit 12- Filed Under Seal, #13 Exhibit 13- Filed Under Seal, #14 Exhibit 14- Filed Under Seal, #15 Exhibit 15- Filed Under Seal, #16 Exhibit 16- Filed Under Seal, #17 Exhibit 17- Filed Under Seal, #18 Exhibit 18- Filed Under Seal, #19 Exhibit 19- Filed Under Seal, #20 Exhibit 20- Filed Under Seal, #21 Exhibit 21- Filed Under Seal, #22 Exhibit 22- Filed Under Seal, #23 Exhibit 23- Filed Under Seal, #24 Exhibit 24- Filed Under Seal, #25 Exhibit 25- Filed Under Seal, #26 Exhibit 26- Filed Under Seal, #27 Exhibit 27- Filed Under Seal, #28 Exhibit 28- Filed Under Seal, #29 Exhibit 29- Filed Under Seal, #30 Exhibit 30- Filed Under Seal, #31 Exhibit 31- Filed Under Seal, #32 Exhibit 32- Filed Under Seal, #33 Exhibit 33- Filed Under Seal, #34 Exhibit 34- Filed Under Seal, #35 Exhibit 35- Filed Under Seal, #36 Exhibit 36- Filed Under Seal, #37 Exhibit 37- Filed Under Seal, #38 Exhibit 38- Filed Under Seal, #39 Exhibit 39- Filed Under Seal, #40 Exhibit 40- Filed Under Seal)(Hamburger, Michael)
November 17, 2017 Filing 445 MOTION to Exclude Opinions and Proposed Testimony of Dr. Russell Lamb . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Text of Proposed Order)(Hamburger, Michael)
November 17, 2017 Filing 444 DECLARATION of Michael E. Hamburger in Support re: #443 MOTION To Exclude Opinions and Proposed Testimony of George W. Johnston, Esq. .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1- Filed Under Seal, #2 Exhibit 2- Filed Under Seal, #3 Exhibit 3- Filed Under Seal, #4 Exhibit 4- Filed Under Seal, #5 Exhibit 5- Filed Under Seal, #6 Exhibit 6- Filed Under Seal, #7 Exhibit 7- Filed Under Seal, #8 Exhibit 8- Filed Under Seal, #9 Exhibit 9- Filed Under Seal, #10 Exhibit 10- Filed Under Seal, #11 Exhibit 11- Filed Under Seal, #12 Exhibit 12- Filed Under Seal, #13 Exhibit 13- Filed Under Seal, #14 Exhibit 14- Filed Under Seal, #15 Exhibit 15- Filed Under Seal, #16 Exhibit 16- Filed Under Seal, #17 Exhibit 17- Filed Under Seal, #18 Exhibit 18- Filed Under Seal, #19 Exhibit 19- Filed Under Seal, #20 Exhibit 20- Filed Under Seal, #21 Exhibit 21- Filed Under Seal, #22 Exhibit 22- Filed Under Seal, #23 Exhibit 23- Filed Under Seal, #24 Exhibit 24- Filed Under Seal, #25 Exhibit 25- Filed Under Seal, #26 Exhibit 26- Filed Under Seal, #27 Exhibit 27- Filed Under Seal, #28 Exhibit 28- Filed Under Seal, #29 Exhibit 29- Filed Under Seal, #30 Exhibit 30- Filed Under Seal, #31 Exhibit 31- Filed Under Seal, #32 Exhibit 32- Filed Under Seal, #33 Exhibit 33- Filed Under Seal, #34 Exhibit 34- Filed Under Seal, #35 Exhibit 35- Filed Under Seal, #36 Exhibit 36- Filed Under Seal, #37 Exhibit 37- Filed Under Seal, #38 Exhibit 38- Filed Under Seal, #39 Exhibit 39- Filed Under Seal, #40 Exhibit 40- Filed Under Seal)(Hamburger, Michael)
November 17, 2017 Filing 443 MOTION To Exclude Opinions and Proposed Testimony of George W. Johnston, Esq. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Text of Proposed Order)(Hamburger, Michael)
November 17, 2017 Filing 442 DECLARATION of Michael E. Hamburger in Support re: #441 MOTION to Exclude Opinion and Proposed Testimony of Dr. Ernest Berndt and Dr. Russell Lamb Regarding Forecast Averages .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1- Filed Under Seal, #2 Exhibit 2- Filed Under Seal, #3 Exhibit 3- Filed Under Seal, #4 Exhibit 4- Filed Under Seal, #5 Exhibit 5- Filed Under Seal, #6 Exhibit 6- Filed Under Seal, #7 Exhibit 7- Filed Under Seal, #8 Exhibit 8- Filed Under Seal, #9 Exhibit 9- Filed Under Seal, #10 Exhibit 10- Filed Under Seal, #11 Exhibit 11- Filed Under Seal, #12 Exhibit 12- Filed Under Seal, #13 Exhibit 13- Filed Under Seal, #14 Exhibit 14- Filed Under Seal, #15 Exhibit 15- Filed Under Seal, #16 Exhibit 16- Filed Under Seal, #17 Exhibit 17- Filed Under Seal, #18 Exhibit 18- Filed Under Seal, #19 Exhibit 19- Filed Under Seal, #20 Exhibit 20- Filed Under Seal, #21 Exhibit 21- Filed Under Seal, #22 Exhibit 22- Filed Under Seal, #23 Exhibit 23- Filed Under Seal, #24 Exhibit 24- Filed Under Seal, #25 Exhibit 25- Filed Under Seal, #26 Exhibit 26- Filed Under Seal, #27 Exhibit 27- Filed Under Seal, #28 Exhibit 28- Filed Under Seal, #29 Exhibit 29- Filed Under Seal, #30 Exhibit 30- Filed Under Seal, #31 Exhibit 31- Filed Under Seal, #32 Exhibit 32- Filed Under Seal, #33 Exhibit 33- Filed Under Seal, #34 Exhibit 34- Filed Under Seal, #35 Exhibit 35- Filed Under Seal, #36 Exhibit 36- Filed Under Seal, #37 Exhibit 37- Filed Under Seal, #38 Exhibit 38- Filed Under Seal, #39 Exhibit 39- Filed Under Seal, #40 Exhibit 40- Filed Under Seal)(Hamburger, Michael)
November 17, 2017 Filing 441 MOTION to Exclude Opinion and Proposed Testimony of Dr. Ernest Berndt and Dr. Russell Lamb Regarding Forecast Averages . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Text of Proposed Order)(Hamburger, Michael)
November 17, 2017 Filing 440 DECLARATION of Michael E. Hamburger in Support re: #439 MOTION to Exclude Opinions and Proposed Testimony of Prof. Einer Elhauge .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1- Filed Under Seal, #2 Exhibit 2- Filed Under Seal, #3 Exhibit 3- Filed Under Seal, #4 Exhibit 4- Filed Under Seal, #5 Exhibit 5- Filed Under Seal, #6 Exhibit 6- Filed Under Seal, #7 Exhibit 7- Filed Under Seal, #8 Exhibit 8- Filed Under Seal, #9 Exhibit 9- Filed Under Seal, #10 Exhibit 10- Filed Under Seal, #11 Exhibit 11- Filed Under Seal, #12 Exhibit 12- Filed Under Seal, #13 Exhibit 13- Filed Under Seal, #14 Exhibit 14- Filed Under Seal, #15 Exhibit 15- Filed Under Seal, #16 Exhibit 16- Filed Under Seal, #17 Exhibit 17- Filed Under Seal, #18 Exhibit 18- Filed Under Seal, #19 Exhibit 19- Filed Under Seal, #20 Exhibit 20- Filed Under Seal, #21 Exhibit 21- Filed Under Seal, #22 Exhibit 22- Filed Under Seal, #23 Exhibit 23- Filed Under Seal, #24 Exhibit 24- Filed Under Seal, #25 Exhibit 25- Filed Under Seal, #26 Exhibit 26- Filed Under Seal, #27 Exhibit 27- Filed Under Seal, #28 Exhibit 28- Filed Under Seal, #29 Exhibit 29- Filed Under Seal, #30 Exhibit 30- Filed Under Seal, #31 Exhibit 31- Filed Under Seal, #32 Exhibit 32- Filed Under Seal, #33 Exhibit 33- Filed Under Seal, #34 Exhibit 34- Filed Under Seal, #35 Exhibit 35- Filed Under Seal, #36 Exhibit 36- Filed Under Seal, #37 Exhibit 37- Filed Under Seal, #38 Exhibit 38- Filed Under Seal, #39 Exhibit 39- Filed Under Seal, #40 Exhibit 40- Filed Under Seal)(Hamburger, Michael)
November 17, 2017 Filing 439 MOTION to Exclude Opinions and Proposed Testimony of Prof. Einer Elhauge . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Text of Proposed Order)(Hamburger, Michael)
November 17, 2017 Filing 438 DECLARATION of Michae E. Hamburger in Support re: #437 MOTION to Exclude Opinions and Proposed Testimony of Janet K. DeLeon .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Filed Under Seal, #5 Exhibit 5- Filed Under Seal, #6 Exhibit 6- Filed Under Seal, #7 Exhibit 7- Filed Under Seal, #8 Exhibit 8- Filed Under Seal, #9 Exhibit 9- Filed Under Seal, #10 Exhibit 10- Filed Under Seal, #11 Exhibit 11- Filed Under Seal, #12 Exhibit 12- Filed Under Seal, #13 Exhibit 13- Filed Under Seal, #14 Exhibit 14- Filed Under Seal, #15 Exhibit 15- Filed Under Seal, #16 Exhibit 16- Filed Under Seal, #17 Exhibit 17- Filed Under Seal, #18 Exhibit 18- Filed Under Seal, #19 Exhibit 19- Filed Under Seal, #20 Exhibit 20- Filed Under Seal, #21 Exhibit 21- Filed Under Seal, #22 Exhibit 22- Filed Under Seal, #23 Exhibit 23- Filed Under Seal, #24 Exhibit 24- Filed Under Seal, #25 Exhibit 25- Filed Under Seal, #26 Exhibit 26- Filed Under Seal, #27 Exhibit 27- Filed Under Seal, #28 Exhibit 28- Filed Under Seal, #29 Exhibit 29 - Filed Under Seal, #30 Exhibit 30- Filed Under Seal, #31 Exhibit 31- Filed Under Seal, #32 Exhibit 32- Filed Under Seal, #33 Exhibit 33- Filed Under Seal, #34 Exhibit 34- Filed Under Seal, #35 Exhibit 35- Filed Under Seal, #36 Exhibit 36- Filed Under Seal, #37 Exhibit 37- Filed Under Seal, #38 Exhibit 38- Filed Under Seal, #39 Exhibit 39 - Filed Under Seal, #40 Exhibit 40- Filed Under Seal)(Hamburger, Michael)
November 17, 2017 Filing 437 MOTION to Exclude Opinions and Proposed Testimony of Janet K. DeLeon . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Text of Proposed Order)(Hamburger, Michael)
November 17, 2017 Filing 436 DECLARATION of Kristen O'Shaughnessy in Support re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1 through Exhibit 373 (Filed Under Seal))(O'Shaughnessy, Kristen)
November 17, 2017 Filing 435 NOTICE of Filing Under Seal re: #434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (O'Shaughnessy, Kristen)
November 17, 2017 Filing 434 MOTION for Summary Judgment / Defendants' Notice of Motion and Motion for Summary Judgment. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Text of Proposed Order)(Toto, Martin)
November 17, 2017 Filing 433 MEMO ENDORSEMENT on re: #432 Letter, filed by Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 11/17/2017) (kgo)
November 16, 2017 Filing 432 LETTER addressed to Judge Colleen McMahon from Heather Burke dated November 16, 2017 re: Permission to replace large excel files in the Court's courtesy copies with slipsheets. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Burke, Heather)
November 15, 2017 Filing 431 MEMO ENDORSEMENT on re: #430 Letter, filed by Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 11/15/2017) (kgo)
November 15, 2017 Filing 430 LETTER addressed to Judge Colleen McMahon from Heather Burke dated November 15, 2017 re: Permission to submit multiple CDs to the sealed records office. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Burke, Heather)
November 14, 2017 Opinion or Order Filing 429 ORDER denying as moot (214) Letter Motion to Compel in case 1:15-cv-07488-CM-RWL: Per counsel's letter of November 13, 2017 (dkt. 427), the issue raised by this motion has been resolved and is therefore moot. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger)(Text Only Order) Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM (Lehrburger, Robert)
November 13, 2017 Opinion or Order Filing 428 ORDER granting #426 Letter Motion for Leave to File Excess Pages. It is hereby ORDERED that Plaintiffs' Motion to File Summary Judgment Opposition Memorandum Exceeding Page Limits is GRANTED. It is further ORDERED that Plaintiffs may submit a Memorandum of Law in Opposition to Forest's Motion for Summary Judgment not to exceed 65 pages. (Signed by Judge Colleen McMahon on 11/13/2017) (kgo)
November 13, 2017 Filing 427 LETTER addressed to Robert W. Lehrburger from Dan Litvin dated November 13, 2017 re: Motion to Compel Mylan (ECF 214). Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
November 9, 2017 Filing 426 MOTION for Leave to File Excess Pages in Opposition to Defendants' Summary Judgment Memoranda. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Litvin, Dan)
November 8, 2017 Filing 425 MEMO ENDORSEMENT on re: (422 in 1:15-cv-07488-CM-RWL) FOREST'S MOTION TO FILE SUMMARY JUDGMENT MEMORANDA EXCEEDING PAGE LIMITS. ENDORSEMENT: Granted. (Signed by Judge Colleen McMahon on 11/8/2017). Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM, as per Chambers. (rjm)
November 8, 2017 Opinion or Order Filing 424 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. Granting (422) Motion for Leave to File Excess Pages in case 1:15-cv-07488-CM-RWL. (Signed by Judge Colleen McMahon on 11/8/2017) Filed In Associated Cases: 1:15-cv-07488-CM-RWL, 1:15-cv-10083-CM, as specified by Chambers. (rjm)
November 8, 2017 Filing 423 RESPONSE in Opposition to Motion re: #422 MOTION for Leave to File Excess Pages / Forest's Motion to File Summary Judgment Memoranda Exceeding Page Limits. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
November 8, 2017 Filing 422 MOTION for Leave to File Excess Pages / Forest's Motion to File Summary Judgment Memoranda Exceeding Page Limits. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Text of Proposed Order)(O'Shaughnessy, Kristen)
November 2, 2017 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. (jc)
November 2, 2017 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Robert W. Lehrburger, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge James C. Francis no longer referred to the case. Motions referred to Magistrate Judge Robert W. Lehrburger. (jc) Modified on 11/7/2017 (kw).
October 25, 2017 Filing 421 SEALED DOCUMENT placed in vault.(rz)
October 25, 2017 Filing 420 NOTICE of Filing Under Seal. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
October 24, 2017 Filing 419 NOTICE OF APPEARANCE by Eric Majchrzak on behalf of Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Majchrzak, Eric)
October 23, 2017 Filing 418 NOTICE OF APPEARANCE by Kevin X. McGann on behalf of Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McGann, Kevin)
October 19, 2017 Filing 417 MEMORANDUM OF LAW in Opposition re: #400 MOTION to Certify Class . [Public Redacted Version]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
October 19, 2017 Opinion or Order Filing 416 MEMORANDUM AND ORDER granting #378 Motion to Compel; denying #398 Motion for Leave to File Document. The plaintiffs' motion to compel (Docket no. 378) is granted. Macleods shall produce the requested information within fourteen calendar days. The plaintiffs shall pay the reasonable expenses incurred by Macleods in complying with the requests. See Fed. R. Civ. P. Rule 45 (d) (1). Macleods' application to file a sur-rely (Docket no. 398) is denied. (As further set forth in this Order.) (Signed by Magistrate Judge James C. Francis on 10/19/2017) Copies Sent By Chambers. (cf)
October 19, 2017 Filing 415 MEMO ENDORSEMENT granting #413 Letter Motion for Extension of Time. ENDORSEMENT: Oh stop! No briefing! Just take the 2 extra days. (Signed by Judge Colleen McMahon on 10/19/2017) (kgo)
October 19, 2017 Filing 414 MEMORANDUM OF LAW in Support re: #413 EMERGENCY MOTION for Extension of Time . . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
October 19, 2017 Filing 413 EMERGENCY MOTION for Extension of Time . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
October 9, 2017 Filing 411 NOTICE of Filing Under Seal re: #410 Declaration in Opposition to Motion,,,. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
October 9, 2017 Filing 410 DECLARATION of Michael E. Hamburger in Opposition re: #400 MOTION to Certify Class .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1 (Filed Under Seal), #2 Exhibit 2 (Filed Under Seal), #3 Exhibit 3- January 13, 2004 Press Release re: Launch of Namenda IR, #4 Exhibit 4 (Filed Under Seal), #5 Exhibit 5- Excerpts from evidentiary hearing NY v. Actavis, plc, #6 Exhibit 6- Namenda XR Package Insert, #7 Exhibit 7- Declaration of William J. Meury, #8 Exhibit 8- Excerpts of Mark Devlin Deposition, #9 Exhibit 9- (Filed Under Seal), #10 Exhibit 10- Declaration of Robert Stewart, #11 Exhibit 11- Settlement Agreement between Forest and NYAG, #12 Exhibit 12- Declaration of Julie Snyder, #13 Exhibit 13 (Filed Under Seal), #14 Exhibit 14 (Filed Under Seal), #15 Exhibit 15 (Filed Under Seal))(McDevitt, Heather)
October 6, 2017 Filing 412 SEALED DOCUMENT placed in vault.(rz)
October 5, 2017 Opinion or Order Filing 409 ORDER granting #406 Letter Motion for Leave to File Excess Pages. It is hereby ORDERED that the Parties' Joint Request to File Memoranda Exceeding Page Limits is GRANTED, and it is further ORDERED that that Defendants may submit a Memorandum of Law in Support of their Opposition to DPPs' Motion for Class Certification, not to exceed 35 pages, and DPPs may submit a Reply Memorandum of Law in Further Support of their Motion for Class Certification, not to exceed 20 pages. (Signed by Judge Colleen McMahon on 10/5/2017) (kgo)
October 4, 2017 Opinion or Order Filing 408 ORDER FOR ADMISSION PRO HAC VICE granting #407 Motion for Blaine A. Larson to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 10/4/2017) (kgo)
October 4, 2017 Filing 407 MOTION for Blaine Andrew Larson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14204371. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JM Smith Corporation. (Attachments: #1 Declaration of Blaine A Larson, #2 Certificate of Good Standing for Blaine A Larson, #3 Text of Proposed Order)(Larson, Blaine)
October 4, 2017 Filing 406 JOINT MOTION for Leave to File Excess Pages / Joint Request to File Memorandum Exceeding Page Limits Relating to DPP's Motion for Class Certification. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Text of Proposed Order)(McDevitt, Heather)
October 4, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #407 MOTION for Blaine Andrew Larson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14204371. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
October 3, 2017 Opinion or Order Filing 405 MEMO ENDORSEMENT on re: #403 Letter filed by Rochester Drug Co-Operative, Inc., JM Smith Corporation. ENDORSEMENT: I construe this as motion for partial reconsideration, grant the motion, and direct Forest to produce FRX-AT-03882414 for the reasons indicated in the September 25, 2017 Memorandum & Order. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 10/3/2017) (anc)
October 2, 2017 Filing 404 LETTER addressed to Magistrate Judge James C. Francis IV from Heather K. McDevitt dated October 2, 2017 re: Response to Plaintiffs' letter re privilege document. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(McDevitt, Heather)
October 2, 2017 Filing 403 LETTER addressed to Magistrate Judge James C. Francis IV from Dan Litvin dated October 2, 2017 re: Clarification regarding status of privilege document. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
September 28, 2017 Filing 402 MEMORANDUM OF LAW in Support re: #400 MOTION to Certify Class . [PUBLIC REDACTED VERSION]. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
September 28, 2017 Filing 401 DECLARATION of Dan Litvin [PUBLIC VERSION] in Support re: #400 MOTION to Certify Class .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1 part 1, #2 Exhibit 1 part 2, #3 Exhibit 2, #4 Exhibit 3, #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)(Litvin, Dan)
September 28, 2017 Filing 400 MOTION to Certify Class . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit Proposed Order)(Litvin, Dan)
September 28, 2017 Filing 399 RESPONSE to Motion re: #398 MOTION for Leave to File Sur-reply in opposition to Motion to Compel Macleods. DIRECT PURCHASERS. Document filed by Rochester Drug Co-Operative, Inc.. (Simons, Daniel)
September 27, 2017 Filing 398 MOTION for Leave to File Sur-reply in opposition to Motion to Compel Macleods. Document filed by Macleods Pharmaceuticals Ltd.. (Attachments: #1 Exhibit Proposed Surreply Memorandum, #2 Exhibit Ashlesha Declaration)(Conway, Erin)
September 27, 2017 Opinion or Order Filing 397 THIRD AMENDED CASE MANAGEMENT ORDER: The Court hereby ORDERS the following timing and sequencing of events: Deadline to amend pleadings, add parties, claims or defenses except upon a showing of good cause, April 7, 2017. Close of fact discovery, September 15, 2017. Last date for Parties to serve expert reports pertaining to any issue on which a Party carries the burden of proof. Plaintiffs to serve class expert reports and file a motion for class certification, September 15, 2017. Last date for Parties to serve any opposition expert reports. Defendants file opposition to motions for class certification, October 9, 2017. Last date for Parties to serve any reply expert reports. Plaintiffs file reply in support of motion for class certification, October 23, 2017. If any expert has not yet been deposed, that expert may be deposed until the end of expert discovery. Close of expert discovery, November 10, 2017. Last date to file summary judgment and Daubert motions, November 17, 2017. Last date to file summary judgment and Daubert oppositions, December 11, 2017. Last date to file summary judgment and Daubert replies, December 29, 2017. Pre-trial Order in the form prescribed in the Court's Individual Rules, January 12, 2018. SO ORDERED. (Deposition due by 11/10/2017. Expert Discovery due by 11/10/2017.) (Signed by Magistrate Judge James C. Francis on 9/27/2017) (anc)
September 26, 2017 Filing 396 LETTER addressed to Magistrate Judge James C. Francis IV from Heather K. McDevitt dated September 26, 2017 re: Modifications to the Second Amended Case Management Order and inclosing a [Proposed] Third Amended Case Management Order. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 [Proposed] Third Amended Case Management Order)(McDevitt, Heather)
September 25, 2017 Filing 395 REPLY MEMORANDUM OF LAW in Support re: #378 MOTION to Compel Macleods Pharmaceuticals Ltd. and Macleods Pharma USA, Inc. to Produce Documents Responsive to Subpoena Request Nos. 1 - 2 . . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Simons, Daniel)
September 25, 2017 Opinion or Order Filing 394 MEMORANDUM AND ORDER granting in part #361 Letter Motion to Compel. Accordingly, by September 29, 2017, the defendants shall produce these documents to the plaintiffs. This resolves the motion at Docket no. 361. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 9/25/2017) Copies Transmitted this Date By Chambers. (anc)
September 25, 2017 Filing 393 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #361 MOTION to Compel Defendants to Produce Documents Withheld on the Basis of Privilege. (REDACTED PUBLIC VERSION). Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A)(Litvin, Dan)
September 22, 2017 Filing 392 NOTICE OF APPEARANCE by Erin R Conway on behalf of Macleods Pharma USA, Inc.. (Conway, Erin)
September 22, 2017 Filing 391 MEMORANDUM OF LAW in Opposition re: #378 MOTION to Compel Macleods Pharmaceuticals Ltd. and Macleods Pharma USA, Inc. to Produce Documents Responsive to Subpoena Request Nos. 1 - 2 . . Document filed by Macleods Pharmaceuticals Ltd., Macleods Pharma USA, Inc.. (Conway, Erin)
September 22, 2017 Filing 390 NOTICE OF APPEARANCE by Erin R Conway on behalf of Macleods Pharmaceuticals Ltd.. (Conway, Erin)
September 22, 2017 Opinion or Order Filing 389 MEMO ENDORSEMENT on re: #388 Letter, filed by Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc, Merz Pharmaceuticals GmbH. ENDORSEMENT: Application denied. While the proposed schedule retains the pretrial order date, it reduces the time within which the Court could rule on summary judgment and Daubert motions and still maintain a trial-ready date in January. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 9/22/2017) (anc)
September 21, 2017 Filing 388 LETTER addressed to Magistrate Judge James C. Francis IV from Heather K. McDevitt dated September 21, 2017 re: Modification to the Second Amended Case Management Order. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc., Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Text of Proposed Order)(McDevitt, Heather)
September 20, 2017 Opinion or Order Filing 387 ORDER: The plaintiffs in this action have moved for an order compelling the defendants to produce documents withheld on the basis of attorney-client privilege. (Docket no. 361). To facilitate determination of that motion, by September 22, 2017, the defendants shall submit for in camera review a disc containing the documents identified in Exhibit A to the Declaration of Dan Litvin dated August 29, 2017, after removing any duplicative documents. The defendants need not submit the documents identified in the Supplemental Memorandum in Support of Direct Purchaser Class Plaintiffs' Motion to Compel Production of Documents Withheld on the Basis of Privilege, as these documents do not appear to relate to the Mylan or Orchid side agreements or otherwise have been improperly designated as privileged. (Signed by Magistrate Judge James C. Francis on 9/20/2017) Copies Mailed by Chambers. (js) Modified on 11/1/2017 (js).
September 19, 2017 Filing 386 DECLARATION of Supplemental Reply Declaration of Dan Litvin (PUBLIC VERSION; SIGNED VERSION) in Support re: #361 MOTION to Compel Defendants to Produce Documents Withheld on the Basis of Privilege.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 8, #2 Exhibit 9)(Litvin, Dan)
September 18, 2017 Filing 385 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Supplemental Reply Declaration of Dan Litvin (PUBLIC VERSION) in Support re: #361 MOTION to Compel Defendants to Produce Documents Withheld on the Basis of Privilege.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 8, #2 Exhibit 9)(Litvin, Dan) Modified on 9/18/2017 (db).
September 18, 2017 Filing 384 REPLY MEMORANDUM OF LAW in Support re: #361 MOTION to Compel Defendants to Produce Documents Withheld on the Basis of Privilege. (CORRECTED PUBLIC VERSION). Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
September 18, 2017 Filing 383 DECLARATION of Reply Declaration of Dan Litvin (PUBLIC VERSION) in Support re: #361 MOTION to Compel Defendants to Produce Documents Withheld on the Basis of Privilege.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Litvin, Dan)
September 18, 2017 Filing 382 REPLY MEMORANDUM OF LAW in Support re: #361 MOTION to Compel Defendants to Produce Documents Withheld on the Basis of Privilege. PUBLIC VERSION. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
September 18, 2017 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Dan Litvin to RE-FILE Document #385 Declaration in Support of Motion. ERROR(S): No signature or s/. (db)
September 15, 2017 Filing 381 SEALED DOCUMENT placed in vault.(rz)
September 15, 2017 Filing 380 MEMORANDUM OF LAW in Support re: #378 MOTION to Compel Macleods Pharmaceuticals Ltd. and Macleods Pharma USA, Inc. to Produce Documents Responsive to Subpoena Request Nos. 1 - 2 . . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
September 15, 2017 Filing 379 DECLARATION of Dan Litvin in Support re: #378 MOTION to Compel Macleods Pharmaceuticals Ltd. and Macleods Pharma USA, Inc. to Produce Documents Responsive to Subpoena Request Nos. 1 - 2 .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Litvin, Dan)
September 15, 2017 Filing 378 MOTION to Compel Macleods Pharmaceuticals Ltd. and Macleods Pharma USA, Inc. to Produce Documents Responsive to Subpoena Request Nos. 1 - 2 . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1)(Litvin, Dan)
September 15, 2017 Filing 377 DECLARATION of Heather K. McDevitt in Support re: #376 Opposition Brief,. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc., Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1- Filed Under Seal, #2 Exhibit 2- Filed Under Seal, #3 Exhibit 3- Filed Under Seal, #4 Exhibit 4- Filed Under Seal, #5 Exhibit 5- Filed Under Seal, #6 Exhibit 6- Filed Under Seal, #7 Exhibit 7- Filed Under Seal, #8 Exhibit 8- Filed Under Seal)(McDevitt, Heather)
September 15, 2017 Filing 376 OPPOSITION BRIEF /Defendants' Opposition to Plaintiffs' Supplemental Memorandum in Support of Direct Purchaser Class Plaintiffs' Motion to Compel Production of Documents Withheld on the Basis of Privilege. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc., Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH.(McDevitt, Heather)
September 15, 2017 Filing 375 SEALED DOCUMENT placed in vault.(mps)
September 13, 2017 Filing 374 SEALED DOCUMENT placed in vault.(mps)
September 11, 2017 Filing 373 SEALED DOCUMENT placed in vault.(rz)
September 8, 2017 Filing 372 SEALED DOCUMENT placed in vault.(rz)
September 6, 2017 Filing 371 DECLARATION of Heather K. McDevitt in Support re: #370 Response in Opposition to Motion,. Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1- Forest's Disclosures Pursuant to the May 19, 2017 Memorandum and Order, #2 Exhibit 2- Forest's Supplemental Objections and Responses, #3 Exhibit 3- Email from Dan Litvin, #4 Exhibit 4- Email from Heather Burke, #5 Exhibit 5- Filed Under Seal, #6 Exhibit 6- Filed Under Seal, #7 Exhibit 7- Filed Under Seal, #8 Exhibit 8- Filed Under Seal, #9 Exhibit 9- Filed Under Seal, #10 Exhibit 10- Filed Under Seal, #11 Exhibit 11- Filed Under Seal, #12 Exhibit Exhibit 12 - Excerpts from Deposition, #13 Exhibit 13- Declaration of David Solomon, #14 Exhibit 14- Filed Under Seal, #15 Exhibit 15- Filed Under Seal, #16 Exhibit 16- Filed Under Seal, #17 Exhibit 17- Excerpts from Deposition, #18 Exhibit 18- Excerpts from Deposition, #19 Exhibit 19- Filed Under Seal, #20 Exhibit 20- Filed Under Seal, #21 Exhibit 21- Filed Under Seal, #22 Exhibit 22- Filed Under Seal, #23 Exhibit 23- Filed Under Seal, #24 Exhibit 24- Filed Under Seal, #25 Exhibit 25- Filed Under Seal, #26 Exhibit 26- Filed Under Seal, #27 Exhibit 27- Filed Under Seal, #28 Exhibit 28- Filed Under Seal, #29 Exhibit 29- Filed Under Seal, #30 Exhibit 30- Filed Under Seal, #31 Exhibit 31- Filed Under Seal, #32 Exhibit 32- Filed Under Seal, #33 Exhibit 33- Filed Under Seal, #34 Exhibit 34- Filed Under Seal, #35 Exhibit 35- Filed Under Seal, #36 Exhibit 36- Filed Under Seal, #37 Exhibit 37- Filed Under Seal, #38 Exhibit 38- Filed Under Seal, #39 Exhibit 39- Filed Under Seal, #40 Exhibit 40- Filed Under Seal, #41 Exhibit 41- Filed Under Seal, #42 Exhibit 42- Filed Under Seal, #43 Exhibit 43- Filed Under Seal, #44 Exhibit 44- Filed Under Seal, #45 Exhibit 45- Filed Under Seal, #46 Exhibit 46- Filed Under Seal, #47 Exhibit 47- Filed Under Seal, #48 Exhibit 48- Filed Under Seal, #49 Exhibit 49- Filed Under Seal, #50 Exhibit 50- Filed Under Seal, #51 Exhibit 51- Email from Heather McDevitt, #52 Exhibit 52- Email from Heather Burke)(McDevitt, Heather)
September 6, 2017 Filing 370 RESPONSE in Opposition to Motion re: #361 MOTION to Compel Defendants to Produce Documents Withheld on the Basis of Privilege. [Public Redacted Version]. Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (McDevitt, Heather)
September 6, 2017 Filing 369 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. (McDevitt, Heather)
September 6, 2017 Filing 368 SEALED DOCUMENT placed in vault.(rz)
September 6, 2017 Filing 367 DECLARATION of Dan Litvin in Support re: #361 MOTION to Compel Defendants to Produce Documents Withheld on the Basis of Privilege.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V1, #23 Exhibit V2, #24 Exhibit W1, #25 Exhibit W2, #26 Exhibit X1, #27 Exhibit X2)(Litvin, Dan)
September 6, 2017 Filing 366 MEMORANDUM OF LAW in Support re: #361 MOTION to Compel Defendants to Produce Documents Withheld on the Basis of Privilege. [PUBLIC VERSION]. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
August 31, 2017 Filing 365 NOTICE of of Withdrawal of Appearance. Document filed by JM Smith Corporation. (Perry, Emma)
August 31, 2017 Opinion or Order Filing 364 ORDER granting #363 Letter Motion for Extension of Time. Forest's time to answer Direct Purchaser Plaintiffs Motion to Compel the Production of Documents Withheld on the Basis of Privilege (ECF No. 361) is extended to September 6, 2017; plaintiffs shall reply by September 8, 2017. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
August 30, 2017 Filing 363 LETTER MOTION for Extension of Time for Forest to file its opposition to Direct Purchasers Plaintiffs' Motion to Compel the Production of Documents Withheld on the Basis of Privilege #361 addressed to Magistrate Judge James C. Francis IV from Heather M. Burke dated August 30, 2017. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Burke, Heather)
August 30, 2017 Opinion or Order Filing 362 MEMORANDUM AND ORDER: For the foregoing reasons, the plaintiffs' motion to compel (Case no. 17 MC 0274) is granted. Lupin Pharmaceuticals shall produce the requested documents within its possession, custody, or control on or before September 15, 2017. Lupin Pharmaceuticals' motion to quash (Case no. 17 MC 0314) is granted in part and denied in part. Lupin Pharmaceuticals shall produce one or more deponents to testify on the identified topics (as limited above). The plaintiffs shall pay Lupin Pharmaceuticals' reasonable attorneys' fees and expenses incurred in complying with the Document Subpoena; Forest shall pay those expenses incurred in complying with the Deposition Subpoena. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 8/30/2017) Copies Transmitted this Date By Chambers. (anc)
August 29, 2017 Filing 361 MOTION to Compel Defendants to Produce Documents Withheld on the Basis of Privilege. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Litvin, Dan)
August 29, 2017 Filing 360 SEALED DOCUMENT placed in vault.(rz)
August 24, 2017 Filing 359 NOTICE OF APPEARANCE by Francis Dominic Cerrito on behalf of Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Cerrito, Francis)
August 22, 2017 Opinion or Order Filing 358 ORDER FOR ADMISSION PRO HAC VICE granting #357 Motion for Eric J. Enger to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 8/22/2017) (kgo)
August 22, 2017 Filing 357 MOTION for Eric J. Enger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14041905. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JM Smith Corporation. (Attachments: #1 Declaration of Eric J. Enger, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Enger, Eric)
August 22, 2017 Filing 356 NOTICE OF APPEARANCE by Ellen Noteware on behalf of JM Smith Corporation, Rochester Drug Co-Operative, Inc.. Filed In Associated Cases: 1:15-cv-07488-CM-JCF, 1:15-cv-10083-CM(Noteware, Ellen)
August 22, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #357 MOTION for Eric J. Enger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14041905. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 21, 2017 Opinion or Order Filing 355 MEMORANDUM DECISION AND ORDER ADOPTING IN PART AND DECLINING TO ADOPT IN PART THE RECOMMENDATION OF MAGISTRATE JUDGE JAMES C. FRANCIS IV (DKT. NO. 335) for #308 Motion to Disqualify filed by Teva Pharmaceuticals USA, Inc., #269 Motion to Disqualify filed by Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc, #335 Report and Recommendations. Defendants' motion to disqualify Dr. Lon Schneider (Dkt. No. 269) is DENIED. Teva's motion to disqualify Ms. Jaskot (Dkt. No. 308) is GRANTED. The Clerk of the Court is directed to remove Dkt. Nos. 269 and 308 from the Court's list of pending motions. The Court thanks Magistrate Judge Francis for his diligent management of this case throughout its contentious pre-trial phase. (Signed by Judge Colleen McMahon on 8/21/17) (yv) Modified on 8/22/2017 (yv).
August 16, 2017 Opinion or Order Filing 354 ORDER FOR ADMISSION PRO HAC VICE granting #353 Motion for Nicholas Urban to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 8/16/2017) (kgo)
August 16, 2017 Filing 353 MOTION for Nicholas Urban to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14021804. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Urban, Nicholas)
August 16, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #353 MOTION for Nicholas Urban to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14021804. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
August 14, 2017 Opinion or Order Filing 352 ORDER FOR ADMISSION PRO HAC VICE granting #351 Motion for Phyllis M. Parker to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 8/14/2017) (kgo)
August 14, 2017 Filing 351 MOTION for Phyllis M. Parker to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Parker, Phyllis)
August 14, 2017 Filing 350 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Phyllis M. Parker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14009446. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Parker, Phyllis) Modified on 8/14/2017 (ma).
August 14, 2017 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #350 MOTION for Phyllis M. Parker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14009446. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING AFFIDAVIT OR DECLARATION PURSUANT TO LOCAL RULE 1.3;. Re-file the motion as a 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.. (ma)
August 14, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #351 MOTION for Phyllis M. Parker 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. (ma)
August 9, 2017 Opinion or Order Filing 349 MEMO ENDORSEMENT on re: #228 Letter filed by Rochester Drug Co-Operative, Inc., JM Smith Corporation. ENDORSEMENT: The parties may redact information on the basis of non-responsiveness provided that the remaining information provides enough context and the general nature of the redacted information is indicated. For example, information about an unrelated drug may be replaced with a notation stating, in substance, "Discussion of unrelated drug." SO ORDERED. (Signed by Magistrate Judge James C. Francis on 5/16/2017) (anc)
August 2, 2017 Opinion or Order Filing 348 MEMORANDUM AND ORDER denying #265 Motion to Compel; denying #267 Motion to Compel. The plaintiffs' motion to compel (Docket nos. 265 and 267) is denied at this time. The dispute regarding these documents may be raised in an orderly fashion in the plaintiffs' anticipated omnibus motion. Prior to filing that motion, the parties shall meet and confer in light of the guidance provided in this Order. Indeed, the parties are cautioned that any motion that is filed prior to a meaningful meet-and-confer process may be denied on that basis alone, and the parties shall strictly adhere to the requirements of Rule 37(a)(1) of the Federal Rules of Civil Procedure. Recalcitrance in the meet-and- confer process on the part of the non-movant -- whether for the purpose of delay, cf. In re Namenda Direst Purchaser Antitrust Litigation, No. 15 Civ. 7488, 2017 WL 3085342, at *6 n.6 (S.D.N.Y. July 20, 2017), or for any other reason may result in sanctions. A tight discovery schedule does not absolve the parties of the responsibility to adhere to the Court's procedural rules. Further motions seeking rulings on waiver may be asserted only "with respect to specifically identified documents or communications so that I may rule on discrete waiver assertions." Lidoderm, 2016 WL 4191612, at *1. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 8/2/2017) Copies Transmitted this Date By Chambers. (anc)
August 2, 2017 Filing 347 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: #267 MOTION to Compel Defendants to Produce Documents [CORRECTED MOTION]. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
July 31, 2017 Filing 346 RESPONSE in Opposition to Motion re: #267 MOTION to Compel Defendants to Produce Documents [CORRECTED MOTION]. /Defendants' Opposition to DPPs' Supplemental Memorandum in Support of June 15, 2017 Motion to Compel Production of Documents. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
July 31, 2017 Filing 345 DECLARATION of Dan Litvin [PUBLIC VERSION] in Opposition re: #269 MOTION to Disqualify / Defendants' Notice of Motion to Disqualify Dr. Lon Schneider.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 9)(Litvin, Dan)
July 31, 2017 Filing 344 REPLY MEMORANDUM OF LAW in Opposition re: #269 MOTION to Disqualify / Defendants' Notice of Motion to Disqualify Dr. Lon Schneider. PUBLIC VERSION. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
July 31, 2017 Filing 343 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #267 MOTION to Compel Defendants to Produce Documents [CORRECTED MOTION]. PUBLIC VERSION. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
July 28, 2017 Opinion or Order Filing 342 ORDER denying as moot #325 Letter Motion for Extension of Time. See docket no. 331. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
July 25, 2017 Filing 341 LETTER addressed to Magistrate Judge James C. Francis IV from Dan Litvin dated 7/25/2017 re: Defendants' Subjective Intent Disclosures and Other Discovery Issues. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
July 25, 2017 Opinion or Order Filing 340 MEMO ENDORSEMENT on re: #339 Letter requesting that the Court allow Defendants to have until Monday, July 31 to file its supplemental opposition, filed by Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc. ENDORSEMENT: Defendants shall have until July 31, 2017, to submit their supplemental opposition. I will not set a specific date for plaintiffs to submit a revised motion to compel privileged materials, but they must do so promptly in light of the tight discovery schedule. So Ordered. (Signed by Magistrate Judge James C. Francis on 7/25/17) (yv)
July 24, 2017 Filing 339 LETTER addressed to Magistrate Judge James C. Francis IV from Heather M. Burke dated July 24, 2017 re: briefing schedule. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Burke, Heather)
July 24, 2017 Filing 338 SEALED DOCUMENT placed in vault.(mps)
July 24, 2017 Filing 337 NOTICE of Filing Under Seal. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
July 22, 2017 Filing 336 MEMORANDUM OF LAW in Support re: #325 EMERGENCY MOTION for Extension of Time . REDACTED PUBLIC VERSION. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Litvin, Dan)
July 20, 2017 Filing 335 REPORT AND RECOMMENDATION re: #308 MOTION to Disqualify Direct Purchaser Plaintiffs' Proposed Expert Deborah Jaskot. filed by Teva Pharmaceuticals USA, Inc., #269 MOTION to Disqualify / Defendants' Notice of Motion to Disqualify Dr. Lon Schneider. filed by Forest Laboratories, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Actavis, plc. For the foregoing reasons, I recommend denying both Forest's motion to disqualify Dr. Schneider (Docket no. 269) and Teva's motion to disqualify Ms. Jaskot (Docket no. 308). Pursuant to 28 U.S.C. 636(b)(1) and Rules 72, 6(a), and 6(d) of the Federal Rules of Civil Procedure, the parties shall have fourteen (14) days to file written objections to this Report and Recommendation. Such objections shall be filed with the Clerk of Court, with extra copies delivered to the Chambers of the Honorable Colleen McMahon, Room 2550, and to the Chambers of the undersigned, Room 1960, 500 Pearl Street, New York, New York 10007. Failure to file timely objections will preclude appellate review. (Objections to R&R due by 8/3/2017.) (Signed by Magistrate Judge James C. Francis on 7/20/2017) Copies Transmitted this Date By Chambers. (anc)
July 17, 2017 Filing 334 DECLARATION of Dan Litvin in Opposition re: #269 MOTION to Disqualify / Defendants' Notice of Motion to Disqualify Dr. Lon Schneider.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 9)(Litvin, Dan)
July 17, 2017 Filing 333 RESPONSE in Opposition to Motion re: #269 MOTION to Disqualify / Defendants' Notice of Motion to Disqualify Dr. Lon Schneider. SURREPLY IN FURTHER OPPOSITION. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
July 17, 2017 Filing 332 SEALED DOCUMENT placed in vault.(rz)
July 17, 2017 Opinion or Order Filing 331 ORDER: granting #330 Letter Motion for Extension of Time. ORDERS the following timing and sequencing of events: Deadline to amend pleadings, add parties 4/7/2017. Fact discovery due by 9/15/2017. Defendants file opposition to motions for class certification 10/9/2017. Plaintiffs file reply in support of motion for class certification by 10/23/2017. Deposition due by 11/3/2017. Expert discovery due by 11/3/2017. Motion due by 11/17/2017. Response due by 12/11/2017. Reply due by 12/29/2017. Pretrial Order due by 1/12/2018, and as further set forth in this order. (Signed by Magistrate Judge James C. Francis on 7/17/2017) (ap) Modified on 7/18/2017 (ap). Modified on 7/26/2017 (ap).
July 17, 2017 Set/Reset Deadlines: Deposition due by 11/3/2017. Expert Discovery due by 11/3/2017. Fact Discovery due by 9/15/2017. Responses due by 12/11/2017. Replies due by 12/29/2017. (ap)
July 14, 2017 Filing 330 LETTER addressed to Magistrate Judge James C. Francis IV from Dan Litvin dated July 14, 2017 re: Joint Proposed Schedule. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A (Proposed Schedule))(Litvin, Dan)
July 13, 2017 Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 7/13/2017. (Bacchus, Michael)
July 13, 2017 Filing 329 NOTICE of Filing Under Seal re: #328 Response in Opposition to Motion,,,,,,,. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
July 13, 2017 Filing 328 RESPONSE in Opposition to Motion re: #325 EMERGENCY MOTION for Extension of Time . . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1- Letter from H. McDevitt to Judge Francis re Discovery Issues (Public Redacted), #2 Exhibit 1-1- Production Letter to DPPs Dec. 27 2016, #3 Exhibit 1-2- Email from D. Litvin to L. Calistri re 2nd Cir Opinion (Public Redacted), #4 Exhibit 1-3- Production Letter to DPPs Jan. 20, 2017, #5 Exhibit 1-4- Letter from K. Adam to E. Leger re Search Protocols (Public Redacted), #6 Exhibit 1-5- Production Letter to DPPs Apr. 3 2017, #7 Exhibit 1-6- Email from N. Silverman to K. Adam re Potential Search Terms (Public Redacted), #8 Exhibit 1-7- Email from N. Silverman to C. Moore and K. Adam re Ongoing Discovery Discussions(Public Redacted), #9 Exhibit 1-8- Production Letter to DPPs May 16 2017, #10 Exhibit 1-9- Production Letter to DPPs Jun. 12 2017, #11 Exhibit 1-10- Production Letter to DPPs Jun. 23 2017, #12 Exhibit 1-11-DPPs Amended First Requests for Production, #13 Exhibit 1-12- DPPs Second Set of RFPs (Public Redacted), #14 Exhibit 2- Email from D. Litvin to L. Calistri and C. Moore re Production, #15 Exhibit 3- Email from D. Litvin to H. McDevitt re Non-Responsiveness Redactions (Public Redacted), #16 Exhibit 4- Email from D. Litvin to H. McDevitt re Additional Custodian (Public Redacted), #17 Exhibit 5- Letter from DPPs to H. McDevitt re NDA, #18 Exhibit 6- Filed Under Seal, #19 Exhibit 7- Filed Under Seal, #20 Exhibit 8- Filed Under Seal, #21 Exhibit 9- Filed Under Seal, #22 Exhibit 10- Proposed Amended CMO)(McDevitt, Heather)
July 13, 2017 Filing 327 SEALED DOCUMENT placed in vault.(mps)
July 11, 2017 Filing 326 NOTICE OF APPEARANCE by Heather Marie Burke on behalf of Forest Laboratories Holdings Ltd., Forest Laboratories, Inc.. (Burke, Heather)
July 7, 2017 Filing 325 EMERGENCY MOTION for Extension of Time . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan) Modified on 7/26/2017 (ap).
July 7, 2017 Filing 324 NOTICE of Filing Under Seal. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
July 7, 2017 Filing 323 SEALED DOCUMENT placed in vault.(mps)
July 7, 2017 Filing 322 REPLY MEMORANDUM OF LAW in Support re: #308 MOTION to Disqualify Direct Purchaser Plaintiffs' Proposed Expert Deborah Jaskot. . Document filed by Teva Pharmaceuticals USA, Inc.. (Weiss, Jordan)
July 7, 2017 Opinion or Order Filing 321 ORDER FOR ADMISSION PRO HAC VICE granting (319) Motion for Emma W. Perry to Appear Pro Hac Vice in case 1:15-cv-07488-CM-JCF. 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 7/7/2017) Filed In Associated Cases: 1:15-cv-07488-CM-JCF, 1:15-cv-10083-CM (ras)
July 7, 2017 Opinion or Order Filing 320 ORDER FOR ADMISSION PRO HAC VICE granting #318 Motion for Christopher Stow-Serge 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 7/7/2017) (ras)
July 7, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #319 MOTION for Emma Westbrook Perry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13864523. Motion and supporting papers to be reviewed by Clerk's Office staff., #318 MOTION for Christopher T. Stow-Serge 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)
July 6, 2017 Filing 319 MOTION for Emma Westbrook Perry to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13864523. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JM Smith Corporation. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Perry, Emma)
July 6, 2017 Filing 318 MOTION for Christopher T. Stow-Serge to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JM Smith Corporation. (Attachments: #1 Affidavit with Cert. of Good Standing, #2 Text of Proposed Order)(Stow-Serge, Christopher)
July 6, 2017 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #314 MOTION for Christopher T. Stow-Serge to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13860594. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Pursuant to rule 1.3. please attach and affadavit or Declaration of the Attorney;. Re-file the motion as a 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.. (wb)
July 5, 2017 Filing 317 MEMORANDUM OF LAW in Opposition re: #308 MOTION to Disqualify Direct Purchaser Plaintiffs' Proposed Expert Deborah Jaskot. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1 - Affidavit of Deborah Jaskot)(Litvin, Dan)
July 5, 2017 Filing 316 LETTER addressed to Magistrate Judge James C. Francis IV from Dan Litvin dated June 27, 2017 re: PUBLIC VERSION of previously filed letter regarding discovery. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Litvin, Dan)
July 5, 2017 Filing 315 REPLY MEMORANDUM OF LAW in Support re: #267 MOTION to Compel Defendants to Produce Documents [CORRECTED MOTION]. REDACTED PUBLIC VERSION. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Litvin, Dan)
July 5, 2017 Filing 314 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Christopher T. Stow-Serge to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13860594. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JM Smith Corporation. (Attachments: #1 Exhibit Letter of Good Standing, #2 Text of Proposed Order Proposed Order)(Stow-Serge, Christopher) Modified on 7/6/2017 (wb).
June 30, 2017 Filing 313 NOTICE of Filing Under Seal. Document filed by Teva Pharmaceuticals USA, Inc.. (Weiss, Jordan)
June 30, 2017 Filing 312 LETTER addressed to Magistrate Judge James C. Francis IV from Jordan D. Weiss dated June 30, 2017 re: request for oral argument. Document filed by Teva Pharmaceuticals USA, Inc..(Weiss, Jordan)
June 30, 2017 Filing 311 DECLARATION of H. Bruce Gordon in Support re: #308 MOTION to Disqualify Direct Purchaser Plaintiffs' Proposed Expert Deborah Jaskot.. Document filed by Teva Pharmaceuticals USA, Inc.. (Weiss, Jordan)
June 30, 2017 Filing 310 DECLARATION of Sarah K. Frederick in Support re: #308 MOTION to Disqualify Direct Purchaser Plaintiffs' Proposed Expert Deborah Jaskot.. Document filed by Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Exhibits A-N)(Weiss, Jordan)
June 30, 2017 Filing 309 MEMORANDUM OF LAW in Support re: #308 MOTION to Disqualify Direct Purchaser Plaintiffs' Proposed Expert Deborah Jaskot. (REDACTED). Document filed by Teva Pharmaceuticals USA, Inc.. (Weiss, Jordan)
June 30, 2017 Filing 308 MOTION to Disqualify Direct Purchaser Plaintiffs' Proposed Expert Deborah Jaskot. Document filed by Teva Pharmaceuticals USA, Inc..(Weiss, Jordan)
June 30, 2017 Filing 307 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Teva Pharmaceuticals Ltd. for Teva Pharmaceuticals USA, Inc.. Document filed by Teva Pharmaceuticals USA, Inc..(Weiss, Jordan)
June 30, 2017 Filing 306 SEALED DOCUMENT placed in vault.(mps)
June 30, 2017 Opinion or Order Filing 305 ORDER ADMITTING COUNSEL PRO HAC VICE granting #302 Motion for Sarah K. Frederick to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 6/30/2017) (kgo)
June 30, 2017 Opinion or Order Filing 304 ORDER ADMITTING COUNSEL PRO HAC VICE granting #301 Motion for Christopher T. Holding to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 6/30/2017) (kgo)
June 30, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #302 MOTION for Sarah K. Frederick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13846240. Motion and supporting papers to be reviewed by Clerk's Office staff., #301 MOTION for Christopher T. Holding to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13846124. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
June 29, 2017 Filing 303 NOTICE OF APPEARANCE by Jordan David Weiss on behalf of Teva Pharmaceuticals USA, Inc.. (Weiss, Jordan)
June 29, 2017 Filing 302 MOTION for Sarah K. Frederick to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13846240. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Affidavit of Sarah K. Frederick, #2 Text of Proposed Order)(Frederick, Sarah)
June 29, 2017 Filing 301 MOTION for Christopher T. Holding to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13846124. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Affidavit of Christopher T. Holding, #2 Text of Proposed Order)(Holding, Christopher)
June 29, 2017 Filing 300 LETTER addressed to Magistrate Judge James C. Francis IV from Dan Litvin dated June 20, 2017 re: PUBLIC VERSION of previously filed letter regarding discovery. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (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)(Litvin, Dan)
June 29, 2017 Filing 299 LETTER addressed to Magistrate Judge James C. Francis IV from Dan Litvin dated June 29, 2017 re: Request for Permission to Take Out-of-Time Depositions. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
June 27, 2017 Filing 298 NOTICE of Filing Under Seal re: #297 Letter,,,,,. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
June 27, 2017 Filing 297 LETTER addressed to Magistrate Judge James C. Francis IV from Heather K. McDevitt dated June 27, 2017 re: Response to the Direct Purchaser Plaintiffs' June 20, 2017 letter (Dkt. No. 275). Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Attachment A- Letter from H. McDevitt to D. Litvin, dated December 27, 2016, #2 Attachment B- Email from L. Calistri to D. Litvin, dated January 9, 2017 (Redacted), #3 Attachment C- Letter from H. McDevitt to D. Litvin, dated January 20, 2017, #4 Attachment D- Letter from K. Adam to E. Leger, dated March 30, 2017 (Redacted), #5 Attachment E- Letter from H. McDevitt to D. Litvin, dated April 3, 2017 and related email., #6 Attachment F- Email from N. Silverman to K. Adam, dated April 21, 2017 (Redacted), #7 Attachment G- E-mail from N. Silverman to C. Moore, dated May 2, 2017 (Redacted), #8 Attachment H- Letter from H. McDevitt to D. Litvin, dated May 16, 2017, #9 Attachment I- Letter from C. Moore to D. Litvin, dated June 12, 2017, #10 Attachment J- Letter from C. Moore to D. Litvin, dated June 23, 2017, #11 Attachment K- DPPs Consolidated Amended First Requests for Production, #12 Attachment L- DPPs Second Set of Requests for Production (Redacted))(McDevitt, Heather)
June 27, 2017 Filing 296 NOTICE of Filing Under Seal. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 27, 2017 Filing 295 SEALED DOCUMENT placed in vault.(rz)
June 27, 2017 Filing 294 SEALED DOCUMENT placed in vault.(mps)
June 26, 2017 Filing 293 NOTICE of Filing Under Seal re: #292 Declaration in Support of Motion,, #291 Reply Memorandum of Law in Support of Motion,. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
June 26, 2017 Filing 292 DECLARATION of Heather K. McDevitt [Public Version] in Support re: #269 MOTION to Disqualify / Defendants' Notice of Motion to Disqualify Dr. Lon Schneider.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit K (Filed Under Seal), #2 Exhibit L (Filed Under Seal), #3 Exhibit M (Filed Under Seal), #4 Exhibit N (Filed Under Seal), #5 Exhibit O (Filed Under Seal), #6 Exhibit P (Filed Under Seal), #7 Exhibit Q- June 25, 2017 Email from D. Litvin to H. McDevitt)(McDevitt, Heather)
June 26, 2017 Filing 291 REPLY MEMORANDUM OF LAW in Support re: #269 MOTION to Disqualify / Defendants' Notice of Motion to Disqualify Dr. Lon Schneider. [Public Version]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
June 26, 2017 Filing 290 SEALED DOCUMENT placed in vault.(rz)
June 26, 2017 Filing 289 SEALED DOCUMENT placed in vault.(rz)
June 26, 2017 Filing 288 NOTICE of Filing Under Seal. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 26, 2017 Filing 287 SEALED DOCUMENT placed in vault.(mps)
June 23, 2017 Filing 285 SEALED DOCUMENT placed in vault.(rz)
June 22, 2017 Filing 284 NOTICE of Filing Under Seal re: #283 Declaration in Opposition to Motion,,. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
June 22, 2017 Filing 283 DECLARATION of Heather K. McDevitt in Opposition re: #267 MOTION to Compel Defendants to Produce Documents [CORRECTED MOTION].. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1- Email from Kevin C. Adam, dated April 18, 2017, #2 Exhibit 2- Letter from Charles Moore, dated June 6, 2017 (Public Redacted), #3 Exhibit 3- Letter from Charles Moore, dated June 16, 2017 (Public Redacted), #4 Exhibit 4- Filed Under Seal)(McDevitt, Heather)
June 22, 2017 Filing 282 RESPONSE in Opposition to Motion re: #267 MOTION to Compel Defendants to Produce Documents [CORRECTED MOTION]. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
June 22, 2017 Filing 281 MEMORANDUM OF LAW in Support re: #265 MOTION to Compel Production DIRECT PURCHASER CLASS PLAINTIFFS NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS. PUBLIC VERSION. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Litvin, Dan)
June 22, 2017 Filing 280 SEALED DOCUMENT placed in vault.(rz)
June 22, 2017 Filing 279 NOTICE of Filing Under Seal re: 278 Sealed Document. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 22, 2017 Filing 278 SEALED DOCUMENT placed in vault.(mps)
June 22, 2017 Opinion or Order Filing 277 ORDER: The redaction request is GRANTED. In addition, the Clerk of Court is respectfully directed to file under seal the unredacted transcript of the May 18, 2017 oral argument. A redacted copy shall be publicly filed. The defendants shall promptly file under seal a copy of their June 20, 2017 letter. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 6/22/2017) Copies Transmitted this Date By Chambers. (anc)
June 22, 2017 Transmission to Sealed Records Clerk. Transmitted re: #277 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (anc)
June 21, 2017 Opinion or Order Filing 276 MEMORANDUM AND ORDER denying #245 Motion to Compel. For the foregoing reasons, the defendants' motion to compel (Docket No. 245) is denied. (As further set forth in this Memorandum and Order.) (Signed by Magistrate Judge James C. Francis on 6/21/2017) Copies Sent By Chambers. (mro) (Main Document 276 replaced on 7/5/2017) (anc).
June 20, 2017 Filing 275 SEALED DOCUMENT placed in vault.(rz)
June 20, 2017 Filing 274 NOTICE of Filing Under Seal. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 15, 2017 Filing 273 SEALED DOCUMENT placed in vault.(rz)
June 15, 2017 Filing 272 SEALED DOCUMENT placed in vault.(rz)
June 15, 2017 Filing 271 DECLARATION of Heather K. McDevitt [Redacted] in Support re: #269 MOTION to Disqualify / Defendants' Notice of Motion to Disqualify Dr. Lon Schneider.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (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), #8 Exhibit H (Filed Under Seal), #9 Exhibit I (Filed Under Seal), #10 Exhibit J (Filed Under Seal))(McDevitt, Heather)
June 15, 2017 Filing 270 MEMORANDUM OF LAW in Support re: #269 MOTION to Disqualify / Defendants' Notice of Motion to Disqualify Dr. Lon Schneider. [Redacted]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
June 15, 2017 Filing 269 MOTION to Disqualify / Defendants' Notice of Motion to Disqualify Dr. Lon Schneider. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(McDevitt, Heather)
June 15, 2017 Filing 268 NOTICE of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
June 15, 2017 Filing 267 MOTION to Compel Defendants to Produce Documents [CORRECTED MOTION]. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
June 15, 2017 Filing 266 NOTICE of NOTICE OF FILING UNDER SEAL re: #265 MOTION to Compel Production DIRECT PURCHASER CLASS PLAINTIFFS NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
June 15, 2017 Filing 265 MOTION to Compel Production DIRECT PURCHASER CLASS PLAINTIFFS NOTICE OF MOTION AND MOTION TO COMPEL PRODUCTION OF DOCUMENTS. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
June 13, 2017 Opinion or Order Filing 264 ORDER withdrawing #256 Letter Motion to Compel. Counsel have indicated that this dispute has been resolved. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
May 30, 2017 Filing 263 LETTER addressed to Magistrate Judge James C. Francis IV from Heather K. McDevitt dated May 30, 2017 re: In response to Direct Purchaser Plaintiffs' May 26, 2017 letter. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(McDevitt, Heather)
May 30, 2017 Filing 262 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 5/5/17 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...Filed In Associated Cases: 1:15-cv-07488-CM-JCF, 1:15-cv-10083-CM(McGuirk, Kelly)
May 30, 2017 Filing 261 TRANSCRIPT of Proceedings re: ARGUMENT held on 5/5/2017 before Judge Colleen McMahon. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/20/2017. Redacted Transcript Deadline set for 6/30/2017. Release of Transcript Restriction set for 8/28/2017.Filed In Associated Cases: 1:15-cv-07488-CM-JCF, 1:15-cv-10083-CM(McGuirk, Kelly)
May 30, 2017 Filing 260 LETTER addressed to Magistrate Judge James C. Francis IV from Dan Litvin dated May 30, 2017 re: Third Party Confidentiality Issues. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 30, 2017 Filing 259 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Oral Argument proceeding held on 05/18/2017 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)
May 30, 2017 Filing 258 TRANSCRIPT of Proceedings re: Oral Argument held on 5/18/2017 before Magistrate Judge James C. Francis IV. 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 6/20/2017. Redacted Transcript Deadline set for 6/30/2017. Release of Transcript Restriction set for 8/28/2017.(rro)
May 26, 2017 Filing 257 REPLY MEMORANDUM OF LAW in Support re: #245 MOTION to Compel JM Smith Corporation and Rochester Drug Co-Operative, Inc. to Produce /Forest's Notice of Motion and Motion to Compel the Production of Documents by the Direct Purchaser Plaintiffs. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
May 26, 2017 Filing 256 LETTER MOTION to Compel Defendants to produce a list of material withheld from prior patent litigation addressed to Magistrate Judge James C. Francis IV from Dan Litvin dated May 26, 2017. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 26, 2017 Filing 255 LETTER addressed to Magistrate Judge James C. Francis IV from Dan Litvin dated May 26, 2017 re: Third Party Confidentiality Issues. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 24, 2017 Filing 254 RESPONSE in Opposition to Motion re: #245 MOTION to Compel JM Smith Corporation and Rochester Drug Co-Operative, Inc. to Produce /Forest's Notice of Motion and Motion to Compel the Production of Documents by the Direct Purchaser Plaintiffs. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 23, 2017 Filing 286 INTERNET CITATION NOTE: Material from decision with Internet citation re: #253 Order on Motion for Miscellaneous Relief, Order on Motion for Summary Judgment,, Order on Motion for Partial Summary Judgment, Order on Motion for Leave to File Document. (vf)
May 23, 2017 Opinion or Order Filing 253 MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR COLLATERAL ESTOPPEL AND PARTIAL SUMMARY JUDGMENT ON COUNT ONE; DENYING PLAINTIFFS' AND DEFENDANTS' MOTIONS FOR PARTIAL SUMMARY JUDGMENT ON COUNT FIVE granting in part and denying in part #134 Motion for Collateral Estoppel ; granting in part and denying in part #134 Motion for Summary Judgment; denying #138 Motion for Summary Judgment; denying #161 Motion for Partial Summary Judgment; denying #230 Motion for Leave to File Document. Plaintiffs' motion for collateral estoppel and partial summary judgment on Count One (Dkt. No. 134) is GRANTED IN PART AND DENIED IN PART. Plaintiffs' motion for partial summary judgment on Count Five (Dkt. No. 138) is DENIED. Defendants' cross-motion for partial summary judgment dismissing Count Five (Dkt. No. 161) is DENIED. Plaintiffs' motion for leave to file a sur-reply in support of its motion for partial summary judgment on Count Five (Dkt. No. 230) is DENIED. The Clerk of the Court is directed to remove Dkt. Nos. 134, 138, 161, and 230 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 5/23/2017) (ras)
May 23, 2017 Filing 252 SEALED DOCUMENT placed in vault.(mps)
May 19, 2017 Filing 251 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 5/5/17 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...Filed In Associated Cases: 1:15-cv-07488-CM-JCF, 1:15-cv-10083-CM(McGuirk, Kelly)
May 19, 2017 Filing 250 TRANSCRIPT of Proceedings re: argument held on 5/5/2017 before Judge Colleen McMahon. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/9/2017. Redacted Transcript Deadline set for 6/19/2017. Release of Transcript Restriction set for 8/17/2017.Filed In Associated Cases: 1:15-cv-07488-CM-JCF, 1:15-cv-10083-CM(McGuirk, Kelly)
May 19, 2017 Opinion or Order Filing 249 MEMORANDUM AND ORDER denying #197 Motion to Compel. The plaintiffs' motion to compel (Docket No. 197) is denied, and the parties shall comply with the procedures set forth above to achieve final resolution of the privilege waiver issue. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 5/19/2017) Copies Transmitted this Date By Chambers. (anc)
May 18, 2017 Set/Reset Deadlines: Motions due by 10/24/2017. Responses due by 11/24/2017. Replies due by 12/11/2017. (anc)
May 18, 2017 Opinion or Order Filing 248 AMENDED CASE MANAGEMENT ORDER: The Court hereby ORDERS the following timing and sequencing of events: Deadline to amend pleadings, add parties, claims or defenses except upon a showing of good cause, April 7, 2017. Defendants will produce all discovery requests and responses, deposition transcripts, unredacted court opinions, and the record from the evidentiary hearing on plaintiffs motion for a preliminary injunction held from November 10, 2014 to November 24, 2014, and on December 15, 2014 in People of the State of New York v. Actavis, pie, No. 14-cv-7473 (S.D.N.Y.), Jan. 9, 2017. Fact Discovery due by 7/21/2017. Motions due by 8/3/2017. Last date for Parties to serve any opposition expert reports. Defendants file opposition to motions for class certification, 9/1/2017. Last date for Parties to serve any reply expert reports. Plaintiffs file reply in support of motion for class certification. If any expert has not yet been deposed, that expert may be deposed until the end of expert discovery, Sept. 28, 2017. Close of expert discovery, Oct. 17, 2017. Last date to file summary judgment and Daubert motions, Oct. 24, 2017. Last date to file summary judgment and Daubert oppositions, Nov. 24, 2017. Last date to file summary judgment and Daubert replies, Dec. 11, 2017. Pre-trial Order in the form prescribed in the Court's Individual Rules (paragraph) V.B. Following submission of the joint pre-trial order, counsel will be notified of the date of the final pre-trial conference. ln limine motions must be filed within five days of receiving notice of the final pre-trial conference; responses to in limine motions are due five days after the motions are made. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 5/18/2017) (anc) Modified on 5/19/2017 (anc).
May 18, 2017 Minute Entry for proceedings held before Magistrate Judge James C. Francis: Oral Argument held on 5/18/2017 re: #197 MOTION to Compel Forest Laboratories, LLC and Actavis, PLC to Produce Documents . filed by Rochester Drug Co-Operative, Inc., JM Smith Corporation. (Bacchus, Michael)
May 17, 2017 Filing 247 DECLARATION of Michael E. Hamburger in Support re: #245 MOTION to Compel JM Smith Corporation and Rochester Drug Co-Operative, Inc. to Produce /Forest's Notice of Motion and Motion to Compel the Production of Documents by the Direct Purchaser Plaintiffs.. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit 1- Direct Purchaser Plaintiffs' Objections and Responses to Defendants' First Request for Production)(Hamburger, Michael)
May 17, 2017 Filing 246 MEMORANDUM OF LAW in Support re: #245 MOTION to Compel JM Smith Corporation and Rochester Drug Co-Operative, Inc. to Produce /Forest's Notice of Motion and Motion to Compel the Production of Documents by the Direct Purchaser Plaintiffs. . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
May 17, 2017 Filing 245 MOTION to Compel JM Smith Corporation and Rochester Drug Co-Operative, Inc. to Produce /Forest's Notice of Motion and Motion to Compel the Production of Documents by the Direct Purchaser Plaintiffs. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(McDevitt, Heather)
May 17, 2017 Filing 244 NOTICE OF CHANGE OF ADDRESS by Jack Pace on behalf of Actavis, plc, Forest Laboratories LLC. New Address: White & Case LLP, 1221 Avenue of the Americas, New York, NY, 10020, (212) 819-8200. (Pace, Jack)
May 17, 2017 Filing 243 JOINT LETTER addressed to Magistrate Judge James C. Francis IV from Dan Litvin dated May 17, 2017 re: case schedule. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A - Proposed Amended Case Management Order)(Litvin, Dan)
May 15, 2017 Filing 242 NOTICE OF APPEARANCE by Charles Moore on behalf of Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Moore, Charles)
May 13, 2017 Filing 241 BRIEF re: #230 MOTION for Leave to File Sur-reply Memorandum of Law in Support of Motion for Partial Summary Judgment on Count Five. (REDACTED PUBLIC VERSION OF EXHIBIT 1 TO MOTION FOR LEAVE TO FILE SUR-REPLY (ECF NO. 230). Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 10, 2017 Filing 240 LETTER addressed to Judge Colleen McMahon from Ryan P. Johnson dated May 1, 2017 re: The parties' motions for summary judgment on the pediatric exclusivity issue [Public Redacted Version]. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(Johnson, Ryan)
May 8, 2017 Filing 239 REPLY AFFIDAVIT of Dan Litvin in Support re: #197 MOTION to Compel Forest Laboratories, LLC and Actavis, PLC to Produce Documents .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1)(Litvin, Dan)
May 8, 2017 Filing 238 REPLY MEMORANDUM OF LAW in Support re: #197 MOTION to Compel Forest Laboratories, LLC and Actavis, PLC to Produce Documents . . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 8, 2017 Opinion or Order Filing 237 STIPULATION AND ORDER: It is hereby stipulated by and between the undersigned parties through their respective counsel, as follows: Plaintiffs and Defendants shall each be entitled to take up to 15 fact depositions, including Rule 30 (b)(6) depositions; and as further set forth herein. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 5/8/2017) (anc)
May 5, 2017 Filing 236 LETTER addressed to Magistrate Judge James C. Francis IV from Heather K. McDevitt dated May 5, 2017 re: the Direct Purchaser Plaintiffs' May 3, 2017 letter #228 . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(McDevitt, Heather)
May 5, 2017 Filing 235 MOTION Entry of Stipulation governing depositions . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit Exhibit A - Stipulation governing depositions)(Litvin, Dan)
May 4, 2017 Filing 234 AMENDED CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a Oral argument on Friday, May 5, 2017 at 9:45 A.M. before the Honorable Colleen McMahon, United States District Judge in Courtroom 24A, U.S. District Court, 500 Pearl Street, New York, New York 10007. Oral Argument set for 5/5/2017 at 09:45 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 5/4/2017) (kgo)
May 4, 2017 ***DELETED DOCUMENT. Deleted document number #234 ORDER. The document was incorrectly filed in this case. (kgo)
May 3, 2017 Filing 233 DECLARATION of Kevin C. Adam in Opposition re: #197 MOTION to Compel Forest Laboratories, LLC and Actavis, PLC to Produce Documents .. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Attachments: #1 Exhibit A- April 12, 2017 Letter from K. Adam, #2 Exhibit B- April 17, 2017 Email from N. Silverman, #3 Exhibit C- April 18, 2017 Email N. Silverman, #4 Exhibit D- Lioderm Order, #5 Exhibit E- K-Dur Order, #6 Exhibit F- Cipro Order)(Adam, Kevin)
May 3, 2017 Filing 232 RESPONSE in Opposition to Motion re: #197 MOTION to Compel Forest Laboratories, LLC and Actavis, PLC to Produce Documents . . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (McDevitt, Heather)
May 3, 2017 Filing 231 NOTICE of Filing Under Seal re: #230 MOTION for Leave to File Sur-reply Memorandum of Law in Support of Motion for Partial Summary Judgment on Count Five.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
May 3, 2017 Filing 230 MOTION for Leave to File Sur-reply Memorandum of Law in Support of Motion for Partial Summary Judgment on Count Five. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 3, 2017 Filing 229 SEALED DOCUMENT placed in vault.(mps)
May 3, 2017 Filing 228 LETTER addressed to Magistrate Judge James C. Francis IV from Dan Litvin dated May 3, 2017 re: redactions on the basis of relevancy. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 3, 2017 Filing 227 NOTICE OF APPEARANCE by Kristen O'Shaughnessy on behalf of Forest Laboratories Holdings Ltd., Forest Laboratories, Inc.. (O'Shaughnessy, Kristen)
May 3, 2017 Filing 226 NOTICE OF APPEARANCE by Kevin Charles Adam on behalf of Forest Laboratories Holdings Ltd., Forest Laboratories, Inc.. (Adam, Kevin)
May 3, 2017 Filing 225 NOTICE OF APPEARANCE by Ryan Philip Johnson on behalf of Forest Laboratories Holdings Ltd., Forest Laboratories, Inc.. (Johnson, Ryan)
May 3, 2017 Filing 224 NOTICE OF APPEARANCE by Martin Michael Toto on behalf of Forest Laboratories Holdings Ltd., Forest Laboratories, Inc.. (Toto, Martin)
May 3, 2017 Filing 223 NOTICE OF APPEARANCE by Heather McDevitt on behalf of Forest Laboratories Holdings Ltd., Forest Laboratories, Inc.. (McDevitt, Heather)
May 2, 2017 Opinion or Order Filing 222 ORDER granting #217 Letter Motion for Extension of Time to File Response/Reply. Plaintiffs shall reply with respect to their motion to compel (ECF no. 197) by May 8, 2017. A hearing on the motion shall be conducted on May 18, 2017 at 2:00 p.m. in courtroom 18-D at 500 Pearl Street, New York, NY. When and if the parties have additional unresolved discovery disputes, they may contact my chambers to schedule a telephone conference. (HEREBY ORDERED by Magistrate Judge James C. Francis)(Text Only Order) (Francis, James)
May 2, 2017 Filing 221 NOTICE of Filing Under Seal. Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Johnson, Ryan)
May 2, 2017 Filing 220 LETTER addressed to Magistrate Judge James C. Francis IV from Heather K. McDevitt dated May 2, 2017 re: the Direct Purchaser Plaintiffs' May 1, 2017 letter #218 . Document filed by Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc..(McDevitt, Heather)
May 2, 2017 Filing 219 SEALED DOCUMENT placed in vault.(mps)
May 1, 2017 Filing 218 LETTER addressed to Magistrate Judge James C. Francis IV from Dan Litvin dated May 1, 2017 re: Request for Oral Argument and Telephonic Status Conference. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 1, 2017 Filing 217 LETTER MOTION for Extension of Time to File Response/Reply as to #197 MOTION to Compel Forest Laboratories, LLC and Actavis, PLC to Produce Documents . addressed to Magistrate Judge James C. Francis IV from Dan Litvin dated May 1, 2017. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
May 1, 2017 Filing 216 NOTICE OF APPEARANCE by Michael Eugene Hamburger on behalf of Actavis, plc, Forest Laboratories Holdings Ltd., Forest Laboratories LLC, Forest Laboratories, Inc.. (Hamburger, Michael)
April 27, 2017 Filing 215 DECLARATION of Dan Litvin in Support re: #214 MOTION to Compel Third Party Mylan Pharmaceuticals, Inc. to Produce Documents Responsive to Subpoena Request No. 12 .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
April 27, 2017 Filing 214 MOTION to Compel Third Party Mylan Pharmaceuticals, Inc. to Produce Documents Responsive to Subpoena Request No. 12 . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Litvin, Dan)
April 27, 2017 Filing 213 NOTICE of Filing Under Seal re: 212 Sealed Document. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
April 27, 2017 Filing 212 SEALED DOCUMENT placed in vault.(rz)
April 25, 2017 Filing 211 CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a: Oral argument to Friday, May 5, 2017 at 11:00 A.M. before the Honorable Colleen McMahon, United States District Judge in Courtroom 24A, U.S. District Court, 500 Pearl Street, New York, New York 10007. Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. (Oral Argument set for 5/5/2017 at 11:00 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 4/25/2017) (ap)
April 21, 2017 Opinion or Order Filing 210 ORDER FOR ADMISSION PRO HAC VICE granting #209 Motion for Russell A. Chorush to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 4/21/2017) (kgo)
April 21, 2017 Filing 209 MOTION for Russell A. Chorush to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JM Smith Corporation. (Attachments: #1 Certificate of Good Standing, #2 Affidavit, #3 Text of Proposed Order)(Chorush, Russell)
April 21, 2017 Filing 208 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Russell Allan Chorush to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13569648. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by JM Smith Corporation. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Chorush, Russell) Modified on 4/21/2017 (ma).
April 21, 2017 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #208 MOTION for Russell Allan Chorush to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13569648. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING AFFIDAVIT OR DECLARATION PURSUANT TO LOCAL RULE 1.3;. Re-file the motion as a 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.. (ma)
April 21, 2017 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #209 MOTION for Russell A. Chorush 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. (ma)
April 20, 2017 Filing 207 STIPULATION: The Complaint is hereby deemed amended to name Forest Laboratories, Inc. and Forest Laboratories Holdings Ltd. as defendants to Counts 3, 4, and 5 of the Complaint. Merz GmbH & Co. KGaA, Merz Pharma GmbH & Co. KGaA, and Merz Pharmaceuticals GmbH are hereby dismissed as defendants to this action subject to the following terms herein. Forest Laboratories, Inc. and Forest Laboratories Holdings Ltd. added. Merz Pharmaceuticals GmbH, Merz GmbH & Co. KGaA. and Merz Pharma GmbH & Co. KGaA terminated. (Signed by Judge Colleen McMahon on 4/20/2017) (kgo)
April 19, 2017 Filing 206 LETTER addressed to Judge Colleen McMahon from Daniel C. Simons dated 4/19/2017 re: Stipulation. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A - Proposed Stipulation)(Simons, Daniel)
April 19, 2017 Opinion or Order Filing 205 STIPULATED AMENDED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... Motions terminated: #204 JOINT MOTION for Protective Order/ Notice of Motion for Entry of Stipulated Amended Protective Order, filed by Merz GmbH & Co. KGAA., Rochester Drug Co-Operative, Inc., Merz Pharma GmbH & Co. KGaA, Forest Laboratories LLC, Actavis, PLC, Merz Pharmaceuticals GmbH. (Signed by Judge Colleen McMahon on 4/19/2017) (ap) Modified on 4/28/2017 (ap).
April 19, 2017 Filing 204 JOINT MOTION for Protective Order / Notice of Motion for Entry of Stipulated Amended Protective Order. Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1 - Text of [Proposed] Stipulated Amended Protective Order)(McDevitt, Heather)
April 18, 2017 Filing 203 DECLARATION of Dan Litvin (PUBLIC VERSION) in Support re: #197 MOTION to Compel Forest Laboratories, LLC and Actavis, PLC to Produce Documents .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit PUBLIC EX 1, #2 Exhibit PUBLIC EX 2, #3 Exhibit PUBLIC EX 3 (REDACTED), #4 Exhibit PUBLIC EX 4, #5 Exhibit PUBLIC EX 5 (REDACTED), #6 Exhibit PUBLIC EX 6, #7 Exhibit PUBLIC EX 7(REDACTED))(Litvin, Dan)
April 18, 2017 Filing 202 MEMORANDUM OF LAW in Support re: #197 MOTION to Compel Forest Laboratories, LLC and Actavis, PLC to Produce Documents . [REDACTED PUBLIC VERSION]. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
April 18, 2017 Filing 201 LETTER addressed to Magistrate Judge James C. Francis IV from Kevin C. Adam dated April 18, 2017 re: Agreement to Suspend Forest's Opposition to DPPs' Motion to Compel. Document filed by Actavis, plc, Forest Laboratories LLC.(Adam, Kevin)
April 13, 2017 Filing 200 DECLARATION of Dan Litvin in Support re: #197 MOTION to Compel Forest Laboratories, LLC and Actavis, PLC to Produce Documents .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
April 12, 2017 Filing 199 SEALED DOCUMENT placed in vault.(rz)
April 12, 2017 Filing 198 DECLARATION of Dan Litvin in Support re: #197 MOTION to Compel Forest Laboratories, LLC and Actavis, PLC to Produce Documents .. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
April 12, 2017 Filing 197 MOTION to Compel Forest Laboratories, LLC and Actavis, PLC to Produce Documents . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order)(Litvin, Dan)
April 12, 2017 Filing 196 NOTICE of Filing Under Seal. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
April 11, 2017 Opinion or Order Filing 195 ORDER: To the extent that Forest now claims that it is seeking dismissal of Count Three on a Section 2 theory, that motion is DENIED. Forest did not brief Section 2 in connection with Count Three; it briefed Section 1. Not surprisingly, Plaintiffs did not brief Section 2 issues in opposing Forest's cross-motion. Since no one has briefed a Section 2 claim, the Court will not entertain this issue now that briefing is closed. (Signed by Judge Colleen McMahon on 4/11/2017) (kgo)
April 11, 2017 Filing 194 LETTER addressed to Judge Colleen McMahon from Ryan Johnson dated April 11, 2017 re: Response to April 6, 2017 Order (ECF 187). Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH.(Johnson, Ryan)
April 11, 2017 Filing 193 NOTICE OF APPEARANCE by Noah H. Silverman on behalf of JM Smith Corporation. (Silverman, Noah)
April 11, 2017 Filing 192 NOTICE OF APPEARANCE by Bruce E. Gerstein on behalf of JM Smith Corporation. (Gerstein, Bruce)
April 11, 2017 Opinion or Order Filing 191 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C. Francis. (Signed by Judge Colleen McMahon on 4/11/2017) (kgo)
April 11, 2017 Filing 190 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated April 11, 2017 re: Direct Purchaser Class Plaintiffs' Request for Referral of a Discovery Dispute to a Magistrate Judge. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
April 10, 2017 Filing 189 NOTICE OF APPEARANCE by Ryan Philip Johnson on behalf of Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Johnson, Ryan)
April 6, 2017 Filing 188 LETTER addressed to Judge Colleen McMahon from Bruce E. Gerstein dated April 6, 2017 re: Plaintiffs' Motion for Partial Summary Judgment (Dkt. No. 138). Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Gerstein, Bruce)
April 6, 2017 Opinion or Order Filing 187 ORDER: The parties are instructed to file letters of no longer than two pages within five days of this order clarifying whether they understand Count Three to allege a Section 1 or a Section 2 claim, whether the parties intended their motions to relate to another count of the operative complaint (perhaps Count 4 or Count 5, both of which allege Section 1 claims), or whether the Court is otherwise mistaken about some aspect of this case. (Signed by Judge Colleen McMahon on 4/6/2017) (kgo)
April 5, 2017 Filing 186 RULE 56.1 STATEMENT. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
April 5, 2017 Filing 185 REPLY MEMORANDUM OF LAW in Support re: #134 MOTION for Collateral Estoppel . MOTION for Summary Judgment on Claim One. [REDACTED PUBLIC VERSION]. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
April 5, 2017 Filing 184 REPLY AFFIDAVIT of Dan Litvin in Support re: #134 MOTION for Collateral Estoppel . MOTION for Summary Judgment on Claim One.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit Ex 1, #2 Exhibit Ex 2, #3 Exhibit Ex 3, #4 Exhibit Ex 4, #5 Exhibit Ex 5, #6 Exhibit Ex 6, #7 Exhibit Ex 7, #8 Exhibit Ex 8, #9 Exhibit Ex 9, #10 Exhibit Ex 10, #11 Exhibit Ex 11, #12 Exhibit Ex 12, #13 Exhibit Ex 13, #14 Exhibit Ex 14, #15 Exhibit Ex 15, #16 Exhibit Ex 16, #17 Exhibit Ex 17, #18 Exhibit Ex 18, #19 Exhibit Ex 19, #20 Exhibit Ex 20, #21 Exhibit Ex 21, #22 Exhibit Ex 22, #23 Exhibit Ex 23, #24 Exhibit Ex 24, #25 Exhibit Ex 25)(Litvin, Dan)
April 5, 2017 Filing 183 COUNTER STATEMENT TO #141 Rule 56.1 Statement. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
April 5, 2017 Filing 182 REPLY MEMORANDUM OF LAW in Support re: #138 MOTION for Summary Judgment on Claim Three. [REDACTED PUBLIC VERSION]. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
April 4, 2017 Filing 181 REPLY MEMORANDUM OF LAW in Support re: #161 CROSS MOTION for Partial Summary Judgment /Notice of Forest's Cross-Motion for Partial Summary Judgment on Count Three. . Document filed by Actavis, plc, Forest Laboratories LLC. (Toto, Martin)
April 4, 2017 Filing 180 MEMO ENDORSEMENT on re: #179 Letter filed by Rochester Drug Co-Operative, Inc., JM Smith Corporation. ENDORSEMENT: We will hold oral argument but I am not ready to schedule it until my law clerk and I wade through the papers and decide what questions we have. (Signed by Judge Colleen McMahon on 4/4/2017) (kgo)
April 3, 2017 Filing 179 LETTER addressed to Judge Colleen McMahon from Bruce E. Gerstein dated April 3, 2017 re: Request for Oral Argument. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc..(Gerstein, Bruce)
March 30, 2017 Filing 178 RULE 56.1 STATEMENT. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
March 30, 2017 Filing 177 REPLY AFFIDAVIT of Dan Litvin in Support re: #134 MOTION for Collateral Estoppel . MOTION for Summary Judgment on Claim One.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
March 30, 2017 Filing 176 REPLY MEMORANDUM OF LAW in Support re: #134 MOTION for Collateral Estoppel . MOTION for Summary Judgment on Claim One. . Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
March 30, 2017 Filing 175 SEALED DOCUMENT placed in vault.(mps)
March 30, 2017 Filing 174 SEALED DOCUMENT placed in vault.(mps)
March 30, 2017 Filing 173 NOTICE OF CHANGE OF ADDRESS by Kristen O'Shaughnessy on behalf of Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. New Address: White & Case LLP, 1221 Avenue of the Americas, New York, NY, 10020, (212) 819-8200. (O'Shaughnessy, Kristen)
March 30, 2017 Filing 172 NOTICE OF CHANGE OF ADDRESS by Martin Michael Toto on behalf of Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. New Address: White & Case LLP, 1221 Avenue of the Americas, New York, NY, 10020, (212) 819-8200. (Toto, Martin)
March 21, 2017 Filing 171 DECLARATION of Heather K. McDevitt (Public Redacted Version) in Opposition re: #134 MOTION for Collateral Estoppel . MOTION for Summary Judgment on Claim One.. Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1- FDA Webpage on Pediatric Exclusivity Under 505A, #2 Exhibit 2- Excerpts of the Evidentiary Hearing in People v. Actavis, plc., #3 Exhibit 3- FDA Orange Book, #4 Exhibit 4- Napoleon Clark Declaration, #5 Exhibit 5- Jason Harper Deposition, #6 Exhibit 6- Jerry A. Hausman Declaration, #7 Exhibit 7- Dr. E.M. Kolassa Declaration, #8 Exhibit 8- Pierre Cremieux Deposition, #9 Exhibit 9- U.S. Pharmacist Article, #10 Exhibit 10- Bruce D. Korhman Deposition, #11 Exhibit 11- Jason Harper Hearing Transcript, #12 Exhibit 12- Dr. E.M. Kolassa Deposition, #13 Exhibit 13- Ernst R. Berndt Declaration, #14 Exhibit 14- NYAG-Forest Settlement Agreement, #15 Exhibit 15- May 18, 2015 Press Release, #16 Exhibit 16- Ernst R. Berndt Deposition, #17 Exhibit 17- James J. Lah Deposition, #18 Exhibit 18- Barry Reisberg Deposition, #19 Exhibit 19- Pierre-Yves Cremieux Declaration, #20 Exhibit 20- Barry William Rovner Deposition, #21 Exhibit 21- Presentation Under Seal, #22 Exhibit 22-Presentation Under Seal, #23 Exhibit 23- Presentation Under Seal, #24 Exhibit 24- Steven H. Ferris Declaration, #25 Exhibit 25- Pharmacist Survey Oct. 2013, #26 Exhibit 26- Physicians Survey October 2013, #27 Exhibit 27 David Stitt Deposition, #28 Exhibit 28 NY Reply to Defendants Post-Hearing Proposed Findings of Fact, #29 Exhibit 29 November 25, 2015 Press Release, #30 Exhibit 30 Forest-Foundation Care Master Services Agreement, #31 Exhibit 31 Dan Blakeley Deposition, #32 Exhibit 32 William P. Kane Deposition, #33 Exhibit 33 Jerry A. Hausman Reply Declaration, #34 Exhibit 34 Jerry A. Hausman Deposition, #35 Exhibit 35 Namenda XR Package Insert 2., #36 Exhibit 36 NYAG Amended Complaint, #37 Exhibit 37 - NYs Proposed Findings of Fact, #38 Exhibit 38 Sept. 23, 2014 Letter, #39 Exhibit 39 November 13, 2014 Letter, #40 Exhibit 40 NYs Memorandum of Law in Support of its Motion for Preliminary Injunction, #41 Exhibit 41 Order Granting NYs Preliminary Injunction, #42 Exhibit 42 Evidentiary Hearing Excerpts, #43 Exhibit 43 Mark Devlin Deposition)(McDevitt, Heather)
March 21, 2017 Filing 170 RESPONSE /Defendants' Responses to Direct Purchaser Class Plaintiffs' Statement of Material Facts on Count One (Public Redacted Version). Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (McDevitt, Heather)
March 21, 2017 Filing 169 RESPONSE in Opposition to Motion re: #134 MOTION for Collateral Estoppel . MOTION for Summary Judgment on Claim One. (Public Redacted Version). Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (McDevitt, Heather)
March 21, 2017 Filing 168 COUNTER STATEMENT TO Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (McDevitt, Heather)
March 21, 2017 Filing 167 DECLARATION of Kevin C. Adam (Public Redacted Version) in Opposition re: #138 MOTION for Summary Judgment on Claim Three.. Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1- Namenda XR Label, #2 Exhibit 2- FDA's Pediatric Exclusivity FAQs, #3 Exhibit 3- Jan. 25, 2012 Letter, #4 Exhibit 4- Excerpt B. Saunders Depo, #5 Exhibit 5- Taglietti Declaration, #6 Exhibit 6- FDAs Pediatric Exclusivity Granted List, #7 Exhibit 7- Stipulation and Order, Forest Labs., Inc. v. Cobalt Labs., Inc., 08-cv-021, D.I. 418 (D. Del.), #8 Exhibit 8- Forest-Cobalt Oct. 2009 Settlement Agreement, #9 Exhibit 9- Stipulation and Order, Forest Labs., Inc. v. Cobalt Labs., Inc., 08-cv-021, D.I. 439 (D. Del.), #10 Exhibit 10- Stipulation and Order, Forest Labs., Inc. v. Cobalt Labs., Inc., 08-cv-021, D.I. 464 (D. Del.), #11 Exhibit 11- Under Seal, #12 Exhibit 12- Stipulation and Order, Forest Labs., Inc. v. Cobalt Labs., Inc., 08-cv-021, D.I. 502 (D. Del.), #13 Exhibit 13- Stipulation and Order, Forest Labs., Inc. v. Lupin Pharms., Inc., 08-cv-021, D.I. 500 (D. Del.), #14 Exhibit 14- Stipulation and Order, Forest Labs., Inc. v. Orgenus Pharma Inc., 09-cv-5105, D.I. 26 (D.N.J.), #15 Exhibit 15- Stipulation and Order, Forest Labs., Inc. v. Cobalt Labs., Inc., 08-cv-021, D.I. 434 (D. Del.), #16 Exhibit 16- Stipulation and Order, Forest Labs., Inc. v. Cobalt Labs., Inc., 08-cv-021, D.I. 452 (D. Del.), #17 Exhibit 17-Forest-UpsherSmith Sept. 2009 Settlement Agreement, #18 Exhibit 18- Stipulation and Order, Forest Labs., Inc. v. Cobalt Labs., Inc., 08-cv-021, D.I. 416 (D. Del.), #19 Exhibit 19- Under Seal, #20 Exhibit 20- July 31, 2015 letter, #21 Exhibit 21- Forest-Wockhardt USA, LLC & Wockhard Ltd. Sept. 2009 Settlement Agreement, #22 Exhibit 22- Stipulation and Order, Forest Labs., Inc. v. Cobalt Labs., Inc., 08-cv-021, D.I. 419 (D. Del.), #23 Exhibit 23- Under seal, #24 Exhibit 24- September 4, 2015 letter, #25 Exhibit 25- Excerpt, FDA 2015 Orange Book, #26 Exhibit 26- January 28, 2004 letter, #27 Exhibit 27- Oct. 26, 2009 Torrent-Forest Letter, #28 Exhibit 28- Forest-Torrent Dec. 2009 Settlement Agreement, #29 Exhibit 29- Drugs@FDA Listing)(Adam, Kevin)
March 16, 2017 Filing 166 DECLARATION of Kevin C. Adam in Opposition re: #138 MOTION for Summary Judgment on Claim Three.. Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Adam, Kevin)
March 16, 2017 Filing 165 DECLARATION of Kevin C. Adam (Filed Under Seal) in Opposition re: #138 MOTION for Summary Judgment on Claim Three.. Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1-29 (Filed Under Seal))(Adam, Kevin)
March 16, 2017 Filing 164 COUNTER STATEMENT TO Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (McDevitt, Heather)
March 16, 2017 Filing 163 RESPONSE in Opposition to Motion re: #138 MOTION for Summary Judgment on Claim Three. /Forest's Combined Memorandum of Law Supporting Forest's Motion for Partial Summary Judgment (Count 3) and Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment (Count 3). Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (McDevitt, Heather)
March 16, 2017 Filing 162 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. (McDevitt, Heather)
March 16, 2017 Filing 161 CROSS MOTION for Partial Summary Judgment /Notice of Forest's Cross-Motion for Partial Summary Judgment on Count Three. Document filed by Actavis, plc, Forest Laboratories LLC.(McDevitt, Heather)
March 16, 2017 Filing 160 DECLARATION of Heather K. McDevitt in Opposition re: #134 MOTION for Collateral Estoppel . MOTION for Summary Judgment on Claim One.. Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (McDevitt, Heather)
March 16, 2017 Filing 159 DECLARATION of Heather K. McDevitt (Filed Under Seal) in Opposition re: #134 MOTION for Collateral Estoppel . MOTION for Summary Judgment on Claim One.. Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (Attachments: #1 Exhibit 1-43 (Filed Under Seal))(McDevitt, Heather)
March 16, 2017 Filing 158 RESPONSE /Defendants' Responses to Direct Purchaser Class Plaintiffs' Statement of Material Facts on Count One (Filed Under Seal). Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (McDevitt, Heather)
March 16, 2017 Filing 157 RESPONSE in Opposition to Motion re: #134 MOTION for Collateral Estoppel . MOTION for Summary Judgment on Claim One. . Document filed by Actavis, plc, Forest Laboratories LLC, Merz GmbH & Co. KGaA., Merz Pharma GmbH & Co. KGaA, Merz Pharmaceuticals GmbH. (McDevitt, Heather)
March 16, 2017 Filing 156 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. (McDevitt, Heather)
March 16, 2017 Filing 155 SEALED DOCUMENT placed in vault.(rz)
March 16, 2017 Filing 154 SEALED DOCUMENT placed in vault.(rz)
March 16, 2017 Opinion or Order Filing 153 STIPULATION: It is hereby stipulated by and between the undersigned parties through their respective counsel, as follows: the following categories of evidence from The People of the State of New York v. Actavis, et al., Case No. 14-cv-7473 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. (Signed by Judge Colleen McMahon on 3/16/2017) (tro)
March 15, 2017 Filing 152 LETTER addressed to Judge Colleen McMahon from Dan Litvin dated March 15, 2017 re: stipulation regarding evidence. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A)(Litvin, Dan)
February 24, 2017 Opinion or Order Filing 151 ORDER granting #150 Letter Motion for Extension of Time to File Response/Reply. Granted. Responses due by 3/16/2017 Replies due by 3/31/2017. (Signed by Judge Colleen McMahon on 2/14/2017) (kgo)
February 23, 2017 Filing 150 LETTER MOTION for Extension of Time to File Response/Reply as to #134 MOTION for Collateral Estoppel . MOTION for Summary Judgment on Claim One., #138 MOTION for Summary Judgment on Claim Three. addressed to Judge Colleen McMahon from Dan Litvin dated February 23, 2017. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Proposed Stipulation)(Litvin, Dan)
February 23, 2017 Filing 149 DECLARATION of Dan Litvin [UNSEALED PUBLIC VERSION] in Support re: #138 MOTION for Summary Judgment on Claim Three.. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibits 2, 3, 8, 11, 12, 13, 15, 16, and 17 FILED UNDER SEAL, #2 Ex 1, #3 Ex 4, #4 Ex 5, #5 Ex 6, #6 Ex 7, #7 Ex 9, #8 Ex 10, #9 Ex 14)(Litvin, Dan)
February 23, 2017 Filing 148 MEMORANDUM OF LAW in Support re: #138 MOTION for Summary Judgment on Claim Three. [UNSEALED PUBLIC VERSION]. Document filed by JM Smith Corporation, Rochester Drug Co-Operative, Inc.. (Litvin, Dan)
February 23, 2017 Filing 147 REDACTION to #141 Rule 56.1 Statement in Support of Motion for Partial Summary Judgment on Count Three [PUBLIC VERSION] by JM Smith Corporation, Rochester Drug Co-Operative, Inc.(Litvin, Dan)
February 23, 2017 Filing 146 REDACTION to #135 Declaration in Support of Motion, for Collateral Estoppel and Partial Summary Judgment on Count One [PUBLIC VERSION] by JM Smith Corporation, Rochester Drug Co-Operative, Inc. (Attachments: #1 Ex 1, #2 Ex 1 - part 2, #3 Ex. 1 - part 3, #4 Ex 1 - part 4, #5 Ex 2, #6 Ex 3, #7 Ex 4, #8 Ex 5, #9 Ex 6 - part 1, #10 Ex 7, #11 Ex 8, #12 Ex 9, #13 Ex 10, #14 Ex 11, #15 Ex 12, #16 Ex 13 part 1, #17 Ex 13 part 2, #18 Ex 13 part 3, #19 Ex 13 part 4, #20 Ex 14, #21 Ex 15 part 1, #22 Ex 15 part 2, #23 Ex 15 part 3, #24 Ex 16, #25 Ex 17, #26 Ex 18, #27 Ex 19, #28 Ex 20, #29 Ex 21, #30 Ex 22, #31 Ex 23, #32 Ex 24, #33 Ex 25 - part 1, #34 Ex 25 - part 2, #35 Ex 26, #36 Ex 27, #37 Ex 28, #38 Ex 29, #39 Ex 30 - part 1, #40 Ex 30 - part 2, #41 Ex 31, #42 Ex 32 part 1, #43 Ex 32 part 2, #44 Ex 33, #45 Ex 34, #46 Ex 35, #47 Ex 36, #48 Ex 37, #49 Ex 38, #50 Ex 39, #51 Ex 40, #52 Ex 41, #53 Ex 42, #54 Ex 43, #55 Ex 44, #56 Ex 45 part 1, #57 Ex 45 part 2, #58 Ex 46, #59 Ex 47, #60 Ex 48, #61 Ex 49, #62 Ex 50, #63 Ex 51, #64 Ex 52, #65 Ex 53, #66 Ex 54 part 1, #67 Ex 54 part 2, #68 Ex 55, #69 Ex 56, #70 Ex 57 part 1, #71 Ex 57 part 2, #72 Ex 57 part 3, #73 Ex 58, #74 Ex 59, #75 Ex 60, #76 Ex 61, #77 Ex 62, #78 Ex 63, #79 Ex 64, #80 Ex 65, #81 Ex 66, #82 Ex 67, #83 Ex 68, #84 Ex 69, #85 Ex 70, #86 Ex 71, #87 Ex 72, #88 Ex 73, #89 Ex 74, #90 Ex 75, #91 Ex 76, #92 Ex 77, #93 Ex 78, #94 Ex 79, #95 Ex 80, #96 Ex 81, #97 Ex 82, #98 Ex 6 - part 2)(Litvin, Dan)
February 23, 2017 Filing 145 REDACTION to #137 Rule 56.1 Statement in Support of Motion for Collateral Estoppel and Partial Summary Judgment on Count One [PUBLIC] by JM Smith Corporation, Rochester Drug Co-Operative, Inc.(Litvin, Dan)
February 23, 2017 Filing 144 REDACTION to #136 Memorandum of Law in Support of Motion for Collateral Estoppel and Partial Summary Judgment on Count One [PUBLIC] by JM Smith Corporation, Rochester Drug Co-Operative, Inc.(Litvin, Dan)
February 17, 2017 Filing 143 SEALED DOCUMENT placed in vault.(rz)
February 17, 2017 Filing 142 SEALED DOCUMENT placed in vault.(mps)