Cesar Castillo, Inc. v. Actavis Holdco U.S., Inc. et al
| Cesar Castillo, Inc. |
| Actavis Holdco U.S., Inc, Actavis Holdco U.S., Inc., Fougera Pharmaceuticals, Inc., Perrigo Company PLC, Perrigo New York, Inc., Sandoz, Inc. and Taro Pharmaceuticals USA, Inc. |
| 1:2017cv00250 |
| January 12, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| William H Pauley |
| Anti-Trust |
| 15 U.S.C. § 1 Antitrust Litigation (Monopolizing Trade) |
| Plaintiff |
Docket Report
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| Filing 14 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Eastern District of Pennsylvania. (Signed by MDL Panel on 4/14/2017) (sjo) |
| MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Eastern District of Pennsylvania. (sjo) |
| Filing 13 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/21/17 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: 1:16-mc-07000-WHP et al.(McGuirk, Kelly) |
| Filing 12 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/21/2017 before Judge William H. Pauley, III. Court Reporter/Transcriber: Lisa Picciano Fellis, (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 4/24/2017. Redacted Transcript Deadline set for 5/4/2017. Release of Transcript Restriction set for 7/3/2017.Filed In Associated Cases: 1:16-mc-07000-WHP et al.(McGuirk, Kelly) |
| Filing 11 MEMO ENDORSEMENT on re: (49 in 1:16-mc-08911-WHP) Letter filed by Sergeants Benevolent Association Health & Welfare Fund, (57 in 1:16-mc-07987-WHP) Letter filed by Sergeants Benevolent Association Health & Welfare Fund, (63 in 1:16-mc-07229-WHP) Letter filed by Sergeants Benevolent Association Health & Welfare Fund. ENDORSEMENT: Application granted. The oral argument scheduled for March 15, 2017 is rescheduled to March 21, 2017 at 11:00 a.m. (Oral Argument set for 3/21/2017 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/9/2017) Filed In Associated Cases: 1:16-mc-07000-WHP et al.(cla) |
| CASE ACCEPTED AS RELATED. Create association to 1:16-cv-09898-WHP. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge William H. Pauley, III. Judge Unassigned is no longer assigned to the case. (wb) |
| Magistrate Judge Henry B. Pitman is so designated. (wb) |
Filing 10
MASTER CASE ORDER NO. 5 denying as moot (31 in case 1:16-mc-07229-WHP) Motion to Seal Document; denying as moot (32 in case 1:16-mc-07229-WHP) Motion for Leave to File Consolidated Amended Complaint Under Seal; denying as moot (26 in case 1:16-mc-07987-WHP) Motion to Seal; denying as moot (27 in case 1:16-mc-07987-WHP) Motion for Leave to File Consolidated Amended Complaint Under Seal; denying as moot (25 in case 1:16-mc-08911-WHP) Motion to Seal Document; denying as moot (26 in case 1:16-mc-08911-WHP) Motion for Leave to File Consolidated Amended Complaint Under Seal. Accordingly, End Payor Plaintiffs and Direct Purchasers' motions for leave to file under seal are hereby denied as moot. (Signed by Judge William H. Pauley, III on 3/3/2017) Filed In Associated Cases: 1:16-mc-07000-WHP et al. (cla) Modified on 3/6/2017 (cla).
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Filing 9
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and Taro 1. The U.S. Government is permitted to intervene in the above-captioned matters under Federal Rule of Civil Procedure 24 with respect to the Court's order in Master Case Order No. 1 that Taro produce subpoenas and related communications. 2. The time for Taro to produce the subpoenas and related communications under Master Case Order No. 1 is extended to March 31, 2017. So ordered. (Signed by Judge William H. Pauley, III on 2/22/2017) Filed In Associated Cases: 1:16-mc-07000-WHP et al. and entered in case no. 17cv964, as per Chambers request. (rjm).
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Filing 8
MASTER CASE ORDER No. 4: By letter dated February 10, 2017, Defendants request a pre-motion conference to discuss a motion to stay discovery in this action. Plaintiffs oppose the application by letter dated February 17, 2017. This Court finds that a pre-motion conference can be obviated by an accelerated briefing schedule on the proposed motion. Accordingly, Defendants may file their motion to stay discovery by February 28, 2017. Any opposition should be filed by March 7, 2017. Any reply should be filed by March 10, 2017. The parties are directed to appear for an oral argument on March 15, 2017 at 12:00 p.m. The time to respond to Plaintiffs' discovery requests is stayed pending the oral argument. (Motions due by 2/28/2017., Responses due by 3/7/2017, Replies due by 3/10/2017., Oral Argument set for 3/15/2017 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 2/22/2017) Filed In Associated Cases: 1:16-mc-07000-WHP et al.(cla)
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Filing 7
MASTER CASE ORDER NO. 3: By motions dated February 10, 2017, the End Payor Plaintffs and the Direct Purchaser Plaintiffs seek leave to file their consolidated amended complaints under seal. On February 13, 2017, this Court received redacted consolidated amended complaints, which Plaintiffs propose be filed publicly. Accordingly, counsel are directed to submit memoranda by February 22, 2017 explaining the reasons for any proposed redactions. (Signed by Judge William H. Pauley, III on 2/15/2017) Filed In Associated Cases: 1:16-mc-07000-WHP et al, as per chambers.(cla)
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Filing 6
AMENDED MASTER CASE ORDER NO. 1: The Clerk of Court is directed to open a master case docket titled In re Topical Corticosteroid Antitrust Litigation, bearing docket number 16-mc-7000, and file a copy of this Order on the docket. Any filing fees associated with opening the master case docket are waived. No attorney may file any document on the master case docket without the prior permission of this Court. Every pleading hereafter filed in the Consolidated Clobetasol Action shall bear the following caption, as further set out in the order. Every pleading hereafter filed in the Consolidated Desonide Action shall bear the following caption, as further set out in the order. Every pleading hereafter filed in the Consolidated Flucinonide Action shall bear the following caption, as further set out in the order. Each subsequent filing by the parties in 16-mc-7000, 16-mc-7229, 16-mc-7987, or 16-mc-8911, shall indicate whether the filing should be docketed in all related cases or only in specified related cases. Counsel are reminded that filings are to be spread across all related actions only when necessary. Interim Lead Counsel for End Payer Plaintiffs: This Court appoints Girard Gibbs LLP as Interim Lead Counsel for Plaintiffs in In re Clobetasol Antitrust Litigation, 16-mc-7229, In re Desonide Antitrust Litigation, 16-mc-7987, and In re Fluocinonide Antitrust Litigation, 16-mc-8911. The Court limits its appointment of Girard Gibbs LLP as Interim Lead Counsel for End Payor Plaintiffs to a one-year term. Counsel may apply for renewal by December 22, 2017. This Court will also entertain any competing applications at that time. Plaintiffs' counsel is directed to file consolidated amended complaints in 16-mc-7229, 16-mc-7987, and 16-mc-8911, by February 10, 2017. Defendants' Liaison Counsel, Kirkland & Ellis LLP, is directed to interpose an answer or file a letter request for a pre-motion conference addressed to the pleadings in 16-mc-7229, 16-mc-7987, and 16-mc-8911, no later than March 3, 2017. Plaintiffs' Interim Lead Counsel is directed to file any responsive letter no later than March 10, 2017. Any party wishing to raise other issues with this Court may file a letter no later than March 10, 2017 in 16-mc-7229, 16-mc-7987, or 16-mc-8911. This Court will conduct a conference concerning any proposed motions to dismiss and any other issues raised by the parties on March 21, 2017 at 11:00 a.m. Plaintiff Sergeants Benevolent Association Health & Welfare Fund's application for limited discovery is granted. All other discovery applications for limited discovery are denied at this time. Defendant Taro Pharmaceuticals Industries, Ltd. is directed to make an initial limited document production consisting of the September 8, 2016 subpoenas from the Department of Justice, Antitrust Division to Taro Pharmaceuticals Industries, Ltd. and its employees, together with any written responses and related communications between the Department of Justice and Taro Pharmaceuticals Industries, Ltd. by January 5, 2017. The Clerk of Court is directed to file this Order in 16mc7000, 16mc7229, 16mc7987, 16mc8911 and all related actions. To facilitate the spreading of text by this Court and counsel, the Clerk of Court may treat all of the related actions as consolidated for all purposes and to avoid the need to file a document separately in each case. (Signed by Judge William H. Pauley, III on 2/3/2017) (cla)
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| Filing 5 LETTER addressed to Judge William H. Pauley, III dated January 23, 2017 re: the direct purchaser claims for Clobetasol, Desonide, and Fluocinonide. Document filed by Actavis Holdco U.S., Inc., Fougera Pharmaceuticals, Inc., Perrigo Company PLC, Perrigo New York, Inc., Sandoz, Inc., Taro Pharmaceuticals USA, Inc.. (Attachments: #1 Joint Proposed Amended Order, #2 Joint Proposed Amended Order - Redline)(Shores, Laura) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Linda P. Nussbaum. The party information for the following party/parties has been modified: Cesar Castillo, Inc. and Sandoz, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Linda P. Nussbaum. The following case opening statistical information was erroneously selected/entered: Cause of Action code 15:2. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pc) |
| Case Designated ECF. (pc) |
| CASE REFERRED TO Judge William H. Pauley as possibly related to 16cv9898. (pc) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cesar Castillo, Inc..(Nussbaum, Linda) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 16-cv-9898. Document filed by Cesar Castillo, Inc..(Nussbaum, Linda) |
| Filing 2 CIVIL COVER SHEET filed. (Nussbaum, Linda) |
| Filing 1 COMPLAINT against Actavis Holdco U.S., Inc., Fougera Pharmaceuticals, Inc., Perrigo Company PLC, Perrigo New York, Inc., Sandoz, Inc., Taro Pharmaceuticals USA, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-13191669)Document filed by Cesar Castillo, Inc..(Nussbaum, Linda) |
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