In re Novartis and Par Antitrust Litigation
Plaintiff: Drogueria Betances, LLC, H-E-B LP, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., FWK HOLDINGS, LLC, CVS Pharmacy, Inc., Walgreen CO, The Kroger Co. and Rite Aid Corporation
Defendant: Endo Pharmaceuticals, Inc., Par Pharmaceutical, Inc., Novartis Pharmaceuticals Corporation, Novartis AG, Novartis Corporation, Par Pharmaceuticals, Inc., Par Pharmaceutical Industries, Inc and Endo International PLC
Respondent: Mylan Pharmaceuticals, Inc.
Consolidated Plaintiff: Law Enforcement Health Benefits Inc., Turlock Irrigation District and UFCW Local 1500 Welfare Fund
Not Classified By Court: Lupin Ltd., Lupin Pharmaceuticals, Inc., OptumRX, Inc., AMERISOURCEBERGEN DRUG CORPORATION, Cardinal Health, Inc. and Express Scripts, Inc.
Interested Party: Caremark PHC, LLC and Mylan Pharmaceuticals Inc.
Case Number: 1:2018cv04361
Filed: May 16, 2018
Court: U.S. District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Alvin K Hellerstein
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 1 Antitrust Litigation (Monopolizing Trade)
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 10, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 18, 2023 Opinion or Order Filing 623 PROPOSED ORDER. Document filed by Drogueria Betances, LLC. Related Document Number: [612 - DIRECT PURCHASER CLASS PLAINTIFFS MOTION FOR FINAL APPROVAL OF SETTLEMENT AND PLAN OF ALLOCATION]..(Litvin, Dan) Proposed Order to be reviewed by Clerk's Office staff.
May 18, 2023 Opinion or Order Filing 622 ORDER GRANTING END-PAYOR PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT; CERTIFICATION OF SETTLEMENT CLASS; APPOINTMENT OF CLASS COUNSEL AND CLASS REPRESENTATIVES; PRELIMINARY APPROVAL OF PLAN OF ALLOCATION; APPROVAL OF FORM AND MANNER OF NOTICE TO CLASS; APPOINTMENT OF SETTLEMENT ADMINISTRATOR AND ESCROW AGENT; AND PROPOSED SCHEDULE FOR FAIRNESS HEARING granting #612 Motion to Approve Direct Purchaser Class Plaintiffs Motion for Final Approval of Settlement and Plan of Allocation. This Court has jurisdiction over each of the named plaintiffs, UFCW Local 1500 Welfare Fund and Law Enforcement Health Benefits, Inc. (collectively the "End-Payor Plaintiffs" or "EPPs") and Novartis Pharmaceuticals Corporation and Novaitis AG ( collectively "Novartis"), and jurisdiction over the litigation to which End-Payor Plaintiffs and Novaitis are parties. Pursuant to Fed. R. Civ. P. 23(c)(l)(B) and 23(g), the Court having considered the factors provided in Rule 23(g)(l)(A), the Court appoints DiCello Levitt LLC as lead counsel, having previously appointed that firm as interim lead counsel on March 25, 2022. ECF No. 503. The Court finds that the proposed settlement, which includes a cash payment of $30,000,000 by Novartis into an escrow account for the benefit of the Class (the "Settlement Fund") in exchange for, inter alia, dismissal of the litigation between End-Payor Plaintiffs and Novartis with prejudice and releases of certain claims against Novartis by End-Payor Plaintiffs and the Class, as set forth in the Settlement Agreement, was arrived at by arm's-length negotiations by highly experienced counsel after years of litigation and a mediation led by experienced mediator Eric D. Green, falls within the range of possibly approvable settlements, and is hereby preliminarily approved, subject to further consideration at the Fairness Hearing provided for below. The Court appoints Angeion Group, LLC to serve as claims administrator and to assist Class Counsel in disseminating the Notice. All expenses incurred by the claims administrator must be reasonable, are subject to Court approval, and shall be payable solely from the Settlement Fund. Angeion shall submit reports to the Court regarding the administration of the Settlement on the following schedule: The Court appoints Huntington National Bank to serve as Escrow Agent for the purpose of administering the escrow account holding the Settlement Fund. All expenses incurred by the Escrow Agent must be reasonable, are subject to Court approval, and shall be payable solely from the Settlement Fund. A copy of the Escrow Agreement executed by Huntington National Bank and Class Counsel is annexed as Exhibit D to the Settlement Agreement. The Court approves the establishment of the Settlement Fund under the Settlement Agreement as a qualified settlement fund ("QSF") pursuant to Internal Revenue Code Section 468B and the A hearing on final approval (the "Fairness Hearing") shall be held before this Court at 10:30 a.m. on October 3, 2023, at the United States District Court for the Southern District of New York, 500 Pearl Street, Courtroom 14D, New York, NY 10007-1312. 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 service awards should be awarded to the End-Payor Plaintiffs; and ( e) whether entry of a Final Judgment and Order terminating the litigation between End-Payor Plaintiffs and Novartis should be entered. The Fairness Hearing may be rescheduled or continued; in this event, the Court will furnish all counsel with appropriate notice. Class Counsel shall be responsible for communicating any such notice promptly to the Class by posting a conspicuous notice on The Settlement website, www.exforgeantitrustsettlement.com. All proceedings in the action between the End-Payor Plaintiffs and Novartis 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. Neither this Order, nor the Settlement Agreement, nor any other Settlement-related document, nor anything contained herein or therein or contemplated hereby or thereby, nor any proceedings undertaken in accordance with the terms set forth in the Settlement Agreement or herein or in any other Settlement-related document, shall constitute, be construed as or be deemed to be evidence of or an admission or concession by Novartis as to the validity of any claim that has been or could have been asserted by End-Payor Plaintiffs against Novartis or as to any liability by Novartis as to any matter set forth in this Order, or as to whether any class, in this case or others, may be certified for purposes of litigation and trial. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/16/23) (yv) Modified on 5/18/2023 (yv).
May 18, 2023 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #623 Proposed Order, was reviewed and approved as to form. (tp)
May 18, 2023 Opinion or Order Set/Reset Hearings: Fairness Hearing set for 10/3/2023 at 10:30 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (yv)
May 17, 2023 Opinion or Order Filing 621 AFFIDAVIT OF SERVICE. Document filed by Novartis AG, Novartis Corporation, Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit Exhibit A).(Rothschild, Charlotte)
May 17, 2023 Opinion or Order Filing 620 AFFIDAVIT OF SERVICE. Document filed by Novartis AG, Novartis Corporation, Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit Exhibit A).(Rothschild, Charlotte)
May 15, 2023 Opinion or Order Filing 619 PROPOSED ORDER. Document filed by Law Enforcement Health Benefits Inc., UFCW Local 1500 Welfare Fund. Related Document Number: #599 ..(Van Der Meulen, Robin) Proposed Order to be reviewed by Clerk's Office staff.
May 15, 2023 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #619 Proposed Order was reviewed and approved as to form. (km)
May 5, 2023 Opinion or Order Filing 618 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Evan R. Chesler dated May 5, 2023 re: Requesting Final Order Held in Abeyance. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Chesler, Evan)
May 1, 2023 Opinion or Order Filing 617 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/18/2023 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: 1:18-cv-04361-AKH et al..(McGuirk, Kelly)
May 1, 2023 Opinion or Order Filing 616 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/18/2023 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Carol Ganley, (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 5/22/2023. Redacted Transcript Deadline set for 6/1/2023. Release of Transcript Restriction set for 7/31/2023.Filed In Associated Cases: 1:18-cv-04361-AKH et al..(McGuirk, Kelly)
April 21, 2023 Opinion or Order Filing 615 MEMO ENDORSEMENT on re: #614 Letter Preliminary Approval Hearing filed by Law Enforcement Health Benefits Inc., UFCW Local 1500 Welfare Fund. ENDORSEMENT: The hearing scheduled for April 18, 2023, is adjourned to May 11, 2023, at 10:30 a.m. SO ORDERED., ( Fairness Hearing set for 5/11/2023 at 10:30 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 4/21/23) (yv)
April 20, 2023 Opinion or Order Filing 614 LETTER addressed to Judge Alvin K. Hellerstein from Robin A. van der Meulen dated April 20, 2023 re: Preliminary Approval Hearing. Document filed by Law Enforcement Health Benefits Inc., UFCW Local 1500 Welfare Fund..(Van Der Meulen, Robin)
March 30, 2023 Opinion or Order Filing 613 MEMORANDUM OF LAW in Support re: #612 MOTION to Approve - Direct Purchaser Class Plaintiffs Motion for Final Approval of Settlement and Plan of Allocation . . Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit Declaration of RG2 Claims Administrator, #2 Exhibit Decision and Order - In re Tesco, #3 Exhibit Class Member Letter, #4 Exhibit Class Member Letter, #5 Exhibit Class Member Letter, #6 Exhibit Class Member Letter, #7 Exhibit Class Member Letter, #8 Exhibit Class Member Letter).(Gerstein, Bruce)
March 30, 2023 Opinion or Order Filing 612 MOTION to Approve - Direct Purchaser Class Plaintiffs Motion for Final Approval of Settlement and Plan of Allocation . Document filed by Drogueria Betances, LLC. (Attachments: #1 Text of Proposed Order Proposed Final Approval Order).(Gerstein, Bruce)
March 17, 2023 Opinion or Order Filing 611 ORDER TERMINATING MOTIONS terminating #314 Motion to Compel; terminating #357 Motion re: #314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena")., #357 MOTION FOR AN ORDER FINDING AN AT-ISSUE WAIVER OF PRIVILEGE AND WORK PRODUCT ., #403 MOTION Exclude Certain Opinions of Defendants' Experts Mark Robbins, Laurence Baker and Phillip Johnson Purporting to Interpret Defendants Agreement ., #404 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Interpretation, Infringement, and Validity of the '728 Patent ., #406 MOTION Plaintiffs' Motion to Exclude the Opinions of Defendants' Patent Litigation Expert Mr. Phillip Johnson on What "Reasonable Companies" Would Have Believed About the Strength of Novartis's Patents ., #407 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Infringement of the '197 Patent ., #432 MOTION to Compel Defendants to Produce Clawed Back Documents ., #493 MOTION to Certify Class (Direct Purchaser Class)., #495 MOTION to Certify Class ., #537 JOINT MOTION for Summary Judgment ., #560 JOINT MOTION for Leave to File SURREPLY TO DEFENDANTS REPLY TO PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF THEIR MOTIONS FOR SUMMARY JUDGMENT ., #564 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Dan Litvin dated August 5, 2022., #565 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Lauren C. Ravkind dated 8/08/2022., #566 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Barry L. Refsin dated 08/08/2022., #567 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Robin van der Meulen dated August 8, 2022., #568 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from R. Chet Otis dated August 8, 2022., #569 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated August 8, 2022. ; terminating #403 Motion re: #314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena")., #357 MOTION FOR AN ORDER FINDING AN AT-ISSUE WAIVER OF PRIVILEGE AND WORK PRODUCT ., #403 MOTION Exclude Certain Opinions of Defendants' Experts Mark Robbins, Laurence Baker and Phillip Johnson Purporting to Interpret Defendants Agreement ., #404 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Interpretation, Infringement, and Validity of the '728 Patent ., #406 MOTION Plaintiffs' Motion to Exclude the Opinions of Defendants' Patent Litigation Expert Mr. Phillip Johnson on What "Reasonable Companies" Would Have Believed About the Strength of Novartis's Patents ., #407 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Infringement of the '197 Patent ., #432 MOTION to Compel Defendants to Produce Clawed Back Documents ., #493 MOTION to Certify Class (Direct Purchaser Class)., #495 MOTION to Certify Class ., #537 JOINT MOTION for Summary Judgment ., #560 JOINT MOTION for Leave to File SURREPLY TO DEFENDANTS REPLY TO PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF THEIR MOTIONS FOR SUMMARY JUDGMENT ., #564 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Dan Litvin dated August 5, 2022., #565 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Lauren C. Ravkind dated 8/08/2022., #566 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Barry L. Refsin dated 08/08/2022., #567 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Robin van der Meulen dated August 8, 2022., #568 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from R. Chet Otis dated August 8, 2022., #569 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated August 8, 2022. ; terminating #404 Motion re: #314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena")., #357 MOTION FOR AN ORDER FINDING AN AT-ISSUE WAIVER OF PRIVILEGE AND WORK PRODUCT ., #403 MOTION Exclude Certain Opinions of Defendants' Experts Mark Robbins, Laurence Baker and Phillip Johnson Purporting to Interpret Defendants Agreement ., #404 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Interpretation, Infringement, and Validity of the '728 Patent ., #406 MOTION Plaintiffs' Motion to Exclude the Opinions of Defendants' Patent Litigation Expert Mr. Phillip Johnson on What "Reasonable Companies" Would Have Believed About the Strength of Novartis's Patents ., #407 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Infringement of the '197 Patent ., #432 MOTION to Compel Defendants to Produce Clawed Back Documents ., #493 MOTION to Certify Class (Direct Purchaser Class)., #495 MOTION to Certify Class ., #537 JOINT MOTION for Summary Judgment ., #560 JOINT MOTION for Leave to File SURREPLY TO DEFENDANTS REPLY TO PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF THEIR MOTIONS FOR SUMMARY JUDGMENT ., #564 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Dan Litvin dated August 5, 2022., #565 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Lauren C. Ravkind dated 8/08/2022., #566 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Barry L. Refsin dated 08/08/2022., #567 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Robin van der Meulen dated August 8, 2022., #568 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from R. Chet Otis dated August 8, 2022., #569 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated August 8, 2022. ; terminating #406 Motion re: #314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena")., #357 MOTION FOR AN ORDER FINDING AN AT-ISSUE WAIVER OF PRIVILEGE AND WORK PRODUCT ., #403 MOTION Exclude Certain Opinions of Defendants' Experts Mark Robbins, Laurence Baker and Phillip Johnson Purporting to Interpret Defendants Agreement ., #404 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Interpretation, Infringement, and Validity of the '728 Patent ., #406 MOTION Plaintiffs' Motion to Exclude the Opinions of Defendants' Patent Litigation Expert Mr. Phillip Johnson on What "Reasonable Companies" Would Have Believed About the Strength of Novartis's Patents ., #407 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Infringement of the '197 Patent ., #432 MOTION to Compel Defendants to Produce Clawed Back Documents ., #493 MOTION to Certify Class (Direct Purchaser Class)., #495 MOTION to Certify Class ., #537 JOINT MOTION for Summary Judgment ., #560 JOINT MOTION for Leave to File SURREPLY TO DEFENDANTS REPLY TO PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF THEIR MOTIONS FOR SUMMARY JUDGMENT ., #564 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Dan Litvin dated August 5, 2022., #565 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Lauren C. Ravkind dated 8/08/2022., #566 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Barry L. Refsin dated 08/08/2022., #567 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Robin van der Meulen dated August 8, 2022., #568 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from R. Chet Otis dated August 8, 2022., #569 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated August 8, 2022. ; terminating #407 Motion re: #314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena")., #357 MOTION FOR AN ORDER FINDING AN AT-ISSUE WAIVER OF PRIVILEGE AND WORK PRODUCT ., #403 MOTION Exclude Certain Opinions of Defendants' Experts Mark Robbins, Laurence Baker and Phillip Johnson Purporting to Interpret Defendants Agreement ., #404 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Interpretation, Infringement, and Validity of the '728 Patent ., #406 MOTION Plaintiffs' Motion to Exclude the Opinions of Defendants' Patent Litigation Expert Mr. Phillip Johnson on What "Reasonable Companies" Would Have Believed About the Strength of Novartis's Patents ., #407 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Infringement of the '197 Patent ., #432 MOTION to Compel Defendants to Produce Clawed Back Documents ., #493 MOTION to Certify Class (Direct Purchaser Class)., #495 MOTION to Certify Class ., #537 JOINT MOTION for Summary Judgment ., #560 JOINT MOTION for Leave to File SURREPLY TO DEFENDANTS REPLY TO PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF THEIR MOTIONS FOR SUMMARY JUDGMENT ., #564 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Dan Litvin dated August 5, 2022., #565 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Lauren C. Ravkind dated 8/08/2022., #566 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Barry L. Refsin dated 08/08/2022., #567 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Robin van der Meulen dated August 8, 2022., #568 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from R. Chet Otis dated August 8, 2022., #569 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated August 8, 2022. ; terminating #432 Motion to Compel; terminating #493 Motion to Certify Class; terminating #495 Motion to Certify Class; terminating #537 Motion for Summary Judgment; terminating #560 Motion for Leave to File Document; terminating #564 Motion to Seal; terminating #565 Motion to Seal; terminating #566 Motion to Seal; terminating #567 Motion to Seal; terminating #568 Motion to Seal; terminating #569 Motion to Seal. The Clerk shall terminate ECF Nos.: 314, 357, 403, 404, 406, 407, 432
February 28, 2023 Opinion or Order Filing 610 MEMO ENDORSEMENT on re: #607 Letter March 30, 2023 Hearing filed by Par Pharmaceutical, Inc. ENDORSEMENT: Par's attendance is not required. So Ordered. (Signed by Judge Alvin K. Hellerstein on 2/28/23) (yv)
February 28, 2023 Opinion or Order Filing 609 MEMO ENDORSEMENT on re: #608 Letter Preliminary Fairness Hearing filed by Novartis AG, Novartis Pharmaceuticals Corporation. ENDORSEMENT : The preliminary Fairness Hearing is adjourned to April 18, 2023 at 2:30 p.m. SO ORDERED., ( Fairness Hearing set for 4/18/2023 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/28/23) (yv)
February 27, 2023 Opinion or Order Filing 608 LETTER addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated February 27, 2023 re: Preliminary Fairness Hearing. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
February 27, 2023 Opinion or Order Filing 607 LETTER addressed to Judge Alvin K. Hellerstein from Benjamin M. Greenblum dated February 27, 2023 re: March 30, 2023 Hearing. Document filed by Par Pharmaceutical, Inc...(Otis V, Ralph)
February 23, 2023 Opinion or Order Filing 606 DECLARATION of Bruce E. Gerstein [PUBLIC EXHIBITS] in Support re: #603 MOTION for Attorney Fees [DIRECT PURCHASER CLASS COUNSELS MOTION FOR AN AWARD OF ATTORNEYS FEES, REIMBURSEMENT OF EXPENSES, AND SERVICE AWARDS FOR THE CLASS REPRESENTATIVES].. Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit A - Sorensen Declaration, #2 Exhibit B - Kohn Declaration, #3 Exhibit C - Gerstein Declaration, #4 Exhibit D - Chorush Declaration, #5 Exhibit E - Des Roches Declaration, #6 Exhibit F - Raphael Declaration, #7 Exhibit G - McCahill Declaration, #8 Exhibit H - Roberts Declaration, #9 Exhibit I - Germaine Declaration, #10 Exhibit J - Rutledge Declaration, #11 Exhibit K-T Submitted Under Seal).(Gerstein, Bruce)
February 23, 2023 Opinion or Order Filing 605 ***EX-PARTE***DECLARATION of Bruce E. Gerstein in Support re: #603 MOTION for Attorney Fees [DIRECT PURCHASER CLASS COUNSELS MOTION FOR AN AWARD OF ATTORNEYS FEES, REIMBURSEMENT OF EXPENSES, AND SERVICE AWARDS FOR THE CLASS REPRESENTATIVES].. Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit A - Sorensen Declaration, #2 Exhibit B - Kohn Declaration, #3 Exhibit C - Gerstein Declaration, #4 Exhibit D - Chorush Declaration, #5 Exhibit E - Des Roches Declaration, #6 Exhibit F - Raphael Declaration, #7 Exhibit G - McCahill Declaration, #8 Exhibit H - Roberts Declaration, #9 Exhibit I - Germaine Declaration, #10 Exhibit J - Rutledge Declaration, #11 Exhibit K - Billing Records, #12 Exhibit L - Billing Records, #13 Exhibit M - Billing Records, #14 Exhibit N - Billing Records, #15 Exhibit O - Billing Records, #16 Exhibit P - Billing Records, #17 Exhibit Q - Billing Records, #18 Exhibit R - Billing Records, #19 Exhibit S - Billing Records, #20 Exhibit T - Billing Records)Motion or Order to File Under Seal: #98 .(Gerstein, Bruce)
February 23, 2023 Opinion or Order Filing 604 MEMORANDUM OF LAW in Support re: #603 MOTION for Attorney Fees [DIRECT PURCHASER CLASS COUNSELS MOTION FOR AN AWARD OF ATTORNEYS FEES, REIMBURSEMENT OF EXPENSES, AND SERVICE AWARDS FOR THE CLASS REPRESENTATIVES]. . Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit A - In Re Buspar Transcript, #2 Exhibit B - NLJ Article, #3 Exhibit C - American Lawyer Article).(Gerstein, Bruce)
February 23, 2023 Opinion or Order Filing 603 MOTION for Attorney Fees [DIRECT PURCHASER CLASS COUNSELS MOTION FOR AN AWARD OF ATTORNEYS FEES, REIMBURSEMENT OF EXPENSES, AND SERVICE AWARDS FOR THE CLASS REPRESENTATIVES]. Document filed by Drogueria Betances, LLC..(Gerstein, Bruce)
February 23, 2023 Opinion or Order Filing 602 SCHEDULING ORDER: Parties shall appear for a preliminary fairness hearing on March 30, 2023, at 2:30 p.m. No later than March 23, 2023, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Fairness Hearing set for 3/30/2023 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/23/23) (yv)
February 22, 2023 Opinion or Order Filing 601 MEMORANDUM OF LAW in Support re: #599 MOTION to Approve End-Payor Class Plaintiffs Settlement with Novartis Pharmaceuticals Corporation and Novartis AG (Preliminary Approval) . . Document filed by Law Enforcement Health Benefits Inc., UFCW Local 1500 Welfare Fund..(Van Der Meulen, Robin)
February 22, 2023 Opinion or Order Filing 600 DECLARATION of Robin A. van der Meulen in Support re: #599 MOTION to Approve End-Payor Class Plaintiffs Settlement with Novartis Pharmaceuticals Corporation and Novartis AG (Preliminary Approval) .. Document filed by Law Enforcement Health Benefits Inc., UFCW Local 1500 Welfare Fund. (Attachments: #1 Exhibit 01. Settlement Agreement, #2 Exhibit 02. Dicello Levitt Firm Resume, #3 Exhibit 03. Plan of Allocation, #4 Exhibit 04. Declaration of Dr. R. Conti Related to Allocation Plan, #5 Exhibit 05. Declaration of S. Weisbrot Related to the Proposed Notice Plan, #6 Exhibit 06. Declaration of R. Griffin Related to the Appointment of Escrow Agent).(Van Der Meulen, Robin)
February 22, 2023 Opinion or Order Filing 599 MOTION to Approve End-Payor Class Plaintiffs Settlement with Novartis Pharmaceuticals Corporation and Novartis AG (Preliminary Approval) . Document filed by Law Enforcement Health Benefits Inc., UFCW Local 1500 Welfare Fund. (Attachments: #1 Exhibit 01. Text of Proposed Order Granting Preliminary Approval).(Van Der Meulen, Robin)
February 22, 2023 Opinion or Order Filing 598 PROPOSED STIPULATION AND ORDER. Document filed by Law Enforcement Health Benefits Inc., UFCW Local 1500 Welfare Fund..(Van Der Meulen, Robin)
January 31, 2023 Opinion or Order Filing 597 SEALED DOCUMENT placed in vault..(jus)
January 9, 2023 Opinion or Order Filing 596 DECLARATION of Dan Litvin in Support re: #586 MOTION to Approve Direct Purchaser Class Plaintiffs' Settlement with Novartis Pharmaceuticals Corporation and Novartis AG (Preliminary Approval) .. Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit 1 - Declaration in support of appointment of RG/2 as claims administrator, #2 Exhibit 2 - Letter from Helen Garvine to Hon. Alvin K. Hellerstein, #3 Exhibit 3 - First State Brochure, #4 Exhibit 4 - First State Company Facts, #5 Exhibit 5 - First State Financial Report).(Litvin, Dan)
January 6, 2023 Opinion or Order Filing 595 ORDER GRANTING DIRECT PURCHASER CLASS PLAINTIFFS' UNOPPOSED MOTION FOR CERTIFICATION OF A SETTLEMENT CLASS, APPOINTMENT OF CLASS COUNSEL, PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT, APPROVAL OF THE FORM AND MANNER OF NOTICE TO THE CLASS AND PROPOSED SCHEDULE FOR A FAIRNESS HEARING granting (586) Motion to Approve in case 1:18-cv-04361-AKH. Upon review and consideration of Direct Purchaser Class Plaintiffs' Unopposed Motion for Certification of a Settlement Class, Appointment of Class Counsel, Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class, Proposed Schedule for a Fairness Hearing, and exhibits thereto, and any hearing thereon, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said motion is GRANTED as set forth in this order. A hearing on final approval (the "Fairness Hearing") shall be held before this Court at 500 Pearl St. at room 14D on May 16, 2023, 2:30pm at the United States District Court for the Southern District of New York, 500 Pearl Street, Courtroom 14D, New York, NY 10007-1312. (Signed by Judge Alvin K. Hellerstein on 1/6/2023) Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05708-AKH, 1:18-cv-05886-AKH (ate)
January 6, 2023 Opinion or Order Filing 594 JOINT STIPULATION AND ORDER REGARDING DIRECT PURCHASER PLAINTIFFS' VOLUNTARY DISMISSAL OF CLAIMS AGAINST PAR PHARMACEUTICAL, INC. WITH PREJUDICE: SUBJECT TO THE COURT'S APPROVAL AND ORDER, IT IS STIPULATED AND AGREED by and among the undersigned counsel, on behalf of their respective clients, as follows: 1. Pursuant to Fed. R. Civ. P. 41(a)(2), all claims against Par in the above-captioned action are dismissed with prejudice, with each party to bear its own costs and attorneys' fees. 2. Direct Purchaser Plaintiffs will not name Par as a defendant in any subsequent complaint in this action or in any action arising from or related to any of the events or transactions that were or could have been alleged in Direct Purchaser Plaintiffs' class action complaints ( 1: l 8-cv-04361-AKH, ECF No. 4 7; 1: 18-cv-12293-AKH, ECF No. 1 ). 3. Direct Purchaser Plaintiffs agree that they will not seek discovery from Par or its current or former employees, officers, directors, agents, or other representatives in connection with this action or in any action arising from or related to any of the events or transactions that were or could have been alleged in Direct Purchaser Plaintiffs' class action complaints (1:18-cv-04361-AKH, ECF No. 47; 1:18-cv-12293-AKH, ECF No. 1). 4. This Joint Stipulation shall be binding upon and inure to the benefit of each of the Parties and their respective successors, assigns, affiliates, parents, subsidiaries, employees, officers, directors, agents and other representatives. 5. The Parties further agree that nothing contained in this Joint Stipulation shall be considered, construed or deemed an admission of liability, fault or other wrongdoing by any Party or an attempt to allocate liability or fault. 6. This Joint Stipulation shall be governed by and construed in accordance with the laws of the State of New York without reference to its choice of law rules. 7. Each of the undersigned represents he or she is duly authorized to enter into this Joint Stipulation and that each intends the Joint Stipulation to be a valid and binding obligation, enforceable in accordance with its terms. 8. This Joint Stipulation may be executed in multiple counterparts, and an electronically scanned (in either.pdf or.tiff format) signature will be considered an original signature for purposes of execution of this Joint Stipulation. Each counterpart shall be deemed to be an original as against a Party whose signature appears thereon and all of which shall together constitute one and the same instrument. 9. Any amendment to this Joint Stipulation shall be invalid unless in writing, referencing this agreement, and signed by or on behalf of all Parties to which the amendment applies. 10. If any provision, covenant, condition or term of this Joint Stipulation shall be held to be invalid or unenforceable, in whole or in part, such invalidity or unenforceability shall not affect the remainder of this Joint Stipulation. The invalid or unenforceable provision, covenant, condition or term shall be substituted by a provision, covenant, condition or term which, according to the Parties' intention, achieves to the nearest extent possible the same effect as would have been achieved by the invalid provision, covenant, condition or term. IT IS SO ORDERED. Par Pharmaceutical, Inc. is terminated. (Signed by Judge Alvin K. Hellerstein on 1/6/2023) Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05708-AKH, 1:18-cv-05886-AKH (ate) Modified on 1/6/2023 (ate).
January 6, 2023 Opinion or Order Set/Reset Hearings: Fairness Hearing set for 5/16/2023 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05708-AKH, 1:18-cv-05886-AKH(ate)
January 6, 2023 Opinion or Order ***DELETED DOCUMENT. Deleted document number (594) Stipulation and Order. The document was incorrectly filed in this case. Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05708-AKH, 1:18-cv-05886-AKH(ate)
January 5, 2023 Opinion or Order Filing 593 NOTICE OF APPEARANCE by Jason Neil Kestecher on behalf of Endo International PLC, Endo Pharmaceuticals, Inc., Par Pharmaceutical, Inc...(Kestecher, Jason)
December 30, 2022 Opinion or Order Filing 592 SCHEDULING ORDER: At the preliminary fairness hearing on January 6, 2023, at 11:00 a.m., the Court will also consider the proposed stipulation for the dismissal of the direct class action complaints against Par Pharmaceutical, Inc., Endo Pharmaceuticals Inc., and Endo International plc (collectively "Par"). (Signed by Judge Alvin K. Hellerstein on 12/30/2022) (ate)
December 30, 2022 Opinion or Order Filing 591 SCHEDULING ORDER terminating #590 Letter Motion to Adjourn Conference. The oral argument on all outstanding motions currently scheduled for January 5, 2023, is cancelled. Parties shall appear for a preliminary fairness hearing on January 6, 2023, at 11:00 a.m. No later than January 4, 2023, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. (Signed by Judge Alvin K. Hellerstein on 12/30/2022) (ate) Modified on 12/30/2022 (ate).
December 30, 2022 Opinion or Order Set/Reset Hearings: Fairness Hearing set for 1/6/2023 at 11:00 AM before Judge Alvin K. Hellerstein. (ate)
December 29, 2022 Opinion or Order Filing 590 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Alvin K. Hellerstein from Dan Litvin dated December 29, 2022. Document filed by Drogueria Betances, LLC..(Litvin, Dan)
December 28, 2022 Opinion or Order Filing 589 LETTER addressed to Judge Alvin K. Hellerstein from Rachel Kramer dated 9/30/2022 re: request to withdraw as counsel. Document filed by Caremark PHC, LLC. (Attachments: #1 Text of Proposed Order Proposed Order approving withdrawal of attorney).(Kramer, Rachel)
December 28, 2022 Opinion or Order Filing 588 MEMORANDUM OF LAW in Support re: #586 MOTION to Approve Direct Purchaser Class Plaintiffs' Settlement with Novartis Pharmaceuticals Corporation and Novartis AG (Preliminary Approval) . . Document filed by Drogueria Betances, LLC, FWK HOLDINGS, LLC, Rochester Drug Co-Operative, Inc...(Gerstein, Bruce)
December 28, 2022 Opinion or Order Filing 587 DECLARATION of Bruce E. Gerstein in Support re: #586 MOTION to Approve Direct Purchaser Class Plaintiffs' Settlement with Novartis Pharmaceuticals Corporation and Novartis AG (Preliminary Approval) .. Document filed by Drogueria Betances, LLC, FWK HOLDINGS, LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1 - Settlement Agreement, #2 Exhibit 2 - Plan of Allocation, #3 Exhibit 3 - Declaration of Jeffrey J. Leitzinger Related to Proposed Allocation Plan and Net Settlement Fund Allocation).(Gerstein, Bruce)
December 28, 2022 Opinion or Order Filing 586 MOTION to Approve Direct Purchaser Class Plaintiffs' Settlement with Novartis Pharmaceuticals Corporation and Novartis AG (Preliminary Approval) . Document filed by Drogueria Betances, LLC, FWK HOLDINGS, LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1 - Text of Proposed Order Granting Preliminary Approval).(Gerstein, Bruce)
December 23, 2022 Opinion or Order Filing 585 PROPOSED STIPULATION AND ORDER. Document filed by Drogueria Betances, LLC, FWK HOLDINGS, LLC, Rochester Drug Co-Operative, Inc...(Litvin, Dan)
October 20, 2022 Opinion or Order Filing 584 SCHEDULING ORDER: The oral argument on all outstanding motions currently scheduled for November 10, 2022, is adjourned to January 5, 2023, at 10:00 a.m. No later than December 29, 2022, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. Oral Argument set for 1/5/2023 at 10:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 10/20/2022) (jca)
October 13, 2022 Opinion or Order Filing 583 SCHEDULING ORDER: The parties shall appear in courtroom 14D on November 10, 2022, at 10:00 a.m. for oral argument on all outstanding motions. No later than November 3, 2022, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Oral Argument set for 11/10/2022 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/13/22) (yv)
October 5, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Rachel Esther Kramer to RE-FILE Document #582 MOTION to Withdraw as counsel for non-party Caremark PHC, LLC. Use the event type Letter found under the event list Other Documents. (db)
September 30, 2022 Opinion or Order Filing 582 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Withdraw as counsel for non-party Caremark PHC, LLC. Document filed by Caremark PHC, LLC. (Attachments: #1 Text of Proposed Order Approving Withdrawal of Rachel Kramer as counsel for non-party Caremark PHC, LLC).(Kramer, Rachel) Modified on 10/5/2022 (db).
September 30, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #581 MOTION for Chad B. Holtzman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26752854. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
September 29, 2022 Opinion or Order Filing 581 MOTION for Chad B. Holtzman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26752854. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Law Enforcement Health Benefits Inc.. (Attachments: #1 Affidavit in Support of Motion, #2 Exhibit Certificate of Good Standing - PA, #3 Exhibit Certificate of Good Standing - NJ, #4 Text of Proposed Order for Admission Pro Hac Vice).(Holtzman, Chad)
August 29, 2022 Opinion or Order Filing 580 NOTICE of Withdrawal of Appearance of Monica L. Kiley. Document filed by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,..(Bloom, Eric)
August 17, 2022 Opinion or Order Filing 579 SUGGESTION OF BANKRUPTCY upon the record as to Par Pharmaceutical, Inc. . Document filed by Par Pharmaceutical, Inc. (Attachments: #1 Exhibit A).(Ryan, Thomas)
August 8, 2022 Opinion or Order Filing 578 LETTER addressed to Judge Alvin K. Hellerstein from Caitlin G. Coslett dated August 8, 2022 re: McKesson Corp's Letter/Brief regarding Sealing of Exhibit [541-104]. Document filed by Rochester Drug Co-Operative, Inc...(Coslett, Caitlin)
August 8, 2022 Opinion or Order Filing 577 ***SELECTED PARTIES***NOTICE of (Proposed Redactions) Joint Reply Memorandum of Law in Support of Defendants' Motion for Summary Judgment on the Statute of Limitations re: #569 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated August 8, 2022.. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #569 .(Skaistis, Rachel)
August 8, 2022 Opinion or Order Filing 576 NOTICE of (Proposed Redactions) Joint Reply Memorandum of Law in Support of Defendants' Motion for Summary Judgment on the Statute of Limitations re: #569 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated August 8, 2022.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
August 8, 2022 Opinion or Order Filing 575 ***SELECTED PARTIES***NOTICE of Exhibit 6 to the Declaration of Rachel G. Skaistis in Support of Joint Motion for Summary Judgment (Proposed Redactions) re: #569 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated August 8, 2022.. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit 16 to the Declaration of Rachel G. Skaistis in Support of Joint Motion for Summary Judgment (Proposed Redactions), #2 Exhibit 20 to the Declaration of Rachel G. Skaistis in Support of Joint Motion for Summary Judgment (Proposed Redactions), #3 Exhibit 29 to the Declaration of Rachel G. Skaistis in Support of Joint Motion for Summary Judgment (Proposed Redactions), #4 Exhibit 34 to the Declaration of Rachel G. Skaistis in Support of Joint Motion for Summary Judgment (Proposed Redactions), #5 Exhibit 49 to the Declaration of Rachel G. Skaistis in Support of Joint Motion for Summary Judgment (Proposed Redactions), #6 Exhibit 73 to the Declaration of Rachel G. Skaistis in Support of Joint Motion for Summary Judgment (Proposed Redactions))Motion or Order to File Under Seal: #569 .(Skaistis, Rachel)
August 8, 2022 Opinion or Order Filing 574 NOTICE of Exhibit 6 to the Declaration of Rachel G. Skaistis in Support of Joint Motion for Summary Judgment (Proposed Redactions) re: #569 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated August 8, 2022.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit 16 to the Declaration of Rachel G. Skaistis in Support of Joint Motion for Summary Judgment (Proposed Redactions), #2 Exhibit 20 to the Declaration of Rachel G. Skaistis in Support of Joint Motion for Summary Judgment (Proposed Redactions), #3 Exhibit 29 to the Declaration of Rachel G. Skaistis in Support of Joint Motion for Summary Judgment (Proposed Redactions), #4 Exhibit 34 to the Declaration of Rachel G. Skaistis in Support of Joint Motion for Summary Judgment (Proposed Redactions), #5 Exhibit 49 to the Declaration of Rachel G. Skaistis in Support of Joint Motion for Summary Judgment (Proposed Redactions), #6 Exhibit 73 to the Declaration of Rachel G. Skaistis in Support of Joint Motion for Summary Judgment (Proposed Redactions)).(Skaistis, Rachel)
August 8, 2022 Opinion or Order Filing 573 ***SELECTED PARTIES***NOTICE of (Proposed Redactions) RULE 56.1 STATEMENT re: #569 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated August 8, 2022.. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #569 .(Skaistis, Rachel)
August 8, 2022 Opinion or Order Filing 572 NOTICE of (Proposed Redactions) RULE 56.1 STATEMENT re: #569 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated August 8, 2022.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
August 8, 2022 Opinion or Order Filing 571 NOTICE of (Proposed Redactions) Joint Memorandum of Law in Support of Defendants' Motion for Summary Judgment on the Statute of Limitations re: #569 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated August 8, 2022.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
August 8, 2022 Opinion or Order Filing 570 ***SELECTED PARTIES***NOTICE of (Proposed Redactions) Joint Memorandum of Law in Support of Defendants' Motion for Summary Judgment on the Statute of Limitations re: #569 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated August 8, 2022.. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #569 .(Skaistis, Rachel)
August 8, 2022 Opinion or Order Filing 569 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated August 8, 2022. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
August 8, 2022 Opinion or Order Filing 568 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from R. Chet Otis dated August 8, 2022. Document filed by Par Pharmaceutical, Inc...(Otis V, Ralph)
August 8, 2022 Opinion or Order Filing 567 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Robin van der Meulen dated August 8, 2022. Document filed by Law Enforcement Health Benefits Inc., UFCW Local 1500 Welfare Fund..(Van Der Meulen, Robin)
August 8, 2022 Opinion or Order Filing 566 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Barry L. Refsin dated 08/08/2022. Document filed by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,..(Refsin, Barry)
August 8, 2022 Opinion or Order Filing 565 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Lauren C. Ravkind dated 8/08/2022. Document filed by H-E-B LP, The Kroger Co., Walgreen CO..(Ravkind, Lauren)
August 5, 2022 Opinion or Order Filing 564 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Dan Litvin dated August 5, 2022. Document filed by Drogueria Betances, LLC..(Litvin, Dan)
August 5, 2022 Opinion or Order Filing 563 ***SELECTED PARTIES***NOTICE of FILING OF DOCUMENTS WITH PROPOSED REDACTIONS HIGHLIGHTED re: #550 Memorandum of Law in Opposition to Motion,, #553 Declaration in Opposition to Motion,,,,,,,,,, #552 Counter Statement to Rule 56.1,. Document filed by Drogueria Betances, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit Defendants' highlighted proposed redactions to ECF No. 552, #2 Exhibit Novartis Defendants highlighted proposed redactions to ECF No. 553-12, #3 Exhibit Par Defendants highlighted proposed redactions to ECF No. 553-11, #4 Exhibit Plaintiffs' highlighted proposed redactions to ECF No. 550, #5 Exhibit Plaintiffs' highlighted proposed redactions to ECF No. 552)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
August 5, 2022 Opinion or Order Filing 562 NOTICE of Filing of Redacted Summary Judgment Documents re: #550 Memorandum of Law in Opposition to Motion,, #553 Declaration in Opposition to Motion,,,,,,,,,, #552 Counter Statement to Rule 56.1,. Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit Redacted version of ECF No. 550, #2 Exhibit Redacted version of ECF No. 552, #3 Exhibit Redacted version of ECF No. 553-11, #4 Exhibit Redacted version of ECF No. 553-12).(Litvin, Dan)
August 4, 2022 Opinion or Order Filing 561 LETTER addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated August 4, 2022 re: Inadvertent Filing. Document filed by Novartis AG, Novartis Corporation..(Skaistis, Rachel)
August 1, 2022 Opinion or Order Filing 560 ***SELECTED PARTIES***JOINT MOTION for Leave to File SURREPLY TO DEFENDANTS REPLY TO PLAINTIFFS RESPONSE TO DEFENDANTS STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF THEIR MOTIONS FOR SUMMARY JUDGMENT . Document filed by Drogueria Betances, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit Proposed Surreply)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
July 21, 2022 Opinion or Order Filing 559 ***SELECTED PARTIES***DECLARATION of Rachel G. Skaistis in Support re: #537 JOINT MOTION for Summary Judgment .. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit 106, #2 Exhibit 107, #3 Exhibit 108)Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
July 21, 2022 Opinion or Order Filing 558 ***SELECTED PARTIES***JOINT REPLY re: #540 Rule 56.1 Statement, Reply to Plaintiffs' Response to Defendants' Statement of Undisputed Material Facts in Support of Their Motions for Summary Judgment. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
July 21, 2022 Opinion or Order Filing 557 ***SELECTED PARTIES***JOINT REPLY MEMORANDUM OF LAW in Support re: #537 JOINT MOTION for Summary Judgment . Reply in Further Support of Defendants' Motion for Summary Judgment on Causation. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
July 21, 2022 Opinion or Order Filing 556 ***SELECTED PARTIES***JOINT REPLY MEMORANDUM OF LAW in Support re: #537 JOINT MOTION for Summary Judgment . Reply in Further Support of Defendants' Motion for Summary Judgment on the Statute of Limitations. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
July 7, 2022 Opinion or Order Filing 555 LETTER addressed to Judge Alvin K. Hellerstein from Dan Litvin dated July 7, 2022 re: Notice of Supplemental Authority Concerning Defendants Motion for Summary Judgment on the Statute of Limitations (ECF No. 539) and Defendants Opposition to Direct Purchaser Class Plaintiffs Motion for Class Certification (ECF No. 504). Document filed by Drogueria Betances, LLC..(Litvin, Dan)
July 6, 2022 Opinion or Order Filing 554 NOTICE of Withdrawal of Appearance of James Boone Baxter. Document filed by Drogueria Betances, LLC..(Chorush, Russell)
June 23, 2022 Opinion or Order Filing 553 ***SELECTED PARTIES***DECLARATION of Dan Litvin in Opposition re: #537 JOINT MOTION for Summary Judgment .. Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. (Attachments: #1 Exhibit 1 - Novartis Defendants Responses and Objections to Plaintiffs Third Set of Interrogatories, #2 Exhibit 2 - Exhibit 15 to the Deposition of Carla Calabro, #3 Exhibit 3 - Exhibit 18 to the Deposition of Carla Calabro, #4 Exhibit 4 - Exhibit 20 to the Deposition of Carla Calabro, #5 Exhibit 5 - Novartis Reports Record Results for 2009 as Sales Increase 7%., #6 Exhibit 6 - Exhibit 20 to the Deposition of Paul Campanelli, #7 Exhibit 7 - Transcript of Proceedings from Trial Day 3 in Santarus Inc. et al. v. Par Pharmaceutical Inc., 07-cv-0551 (GMS) (D. Del. July 15, 2009), #8 Exhibit 8 - Exhibit 27 to the Deposition of Carla Calabro, #9 Exhibit 9 - PAR-000443289, #10 Exhibit 10 - PAR-000266700, #11 Exhibit 11 - Deposition transcript of Carla Calabro, #12 Exhibit 12 - NPC_01896651-655, #13 Exhibit 13 - McKessons Responses and Objections to Defendants Notice of Rule 30(b)(6) Deposition, #14 Exhibit 14 - Exhibit 4 and excerpts of Exhibit 4.1 to the Deposition of Wendy Winter, #15 Exhibit 15 - Agreement for Assignment, #16 Exhibit 16 - Amerisource Bergens Responses and Objections to Defendants Notice of Rule 30(b)(6) Deposition, #17 Exhibit 17 - Cardinals Responses and Objections to Defendants Notice of Rule 30(b)(6) Deposition, #18 Exhibit 18 - Letter from E Bloom to J. Ritholtz dated July 28, 2020, #19 Exhibit 19 - Letter from E Bloom to J. Ritholtz dated September 22, 2020, #20 Exhibit 20 - Exhibit 3 to the Deposition of Juan Hernandez, #21 Exhibit 21 - Exhibit 2 to the Deposition of Keith Leffler, #22 Exhibit 22 - Exhibit 3 to the Deposition of Keith Leffler, #23 Exhibit 23 - Exhibit 15 to the Deposition of Chad Gassert, #24 Exhibit 24 - Email correspondence dated Dec. 9 - 10, 2020, #25 Exhibit 25 - Excerpt of CMS Medicare Advantage/Part D Contract and Enrollment Data; Monthly Enrollment by Contract, for years 2012- 2018, #26 Exhibit 26 - Excerpt of Express Scripts Holding Company 10-K for the year ending Dec. 31, 2017, #27 Exhibit 27 - Letter from R. van der Meulen and D. Elman letter to J. Ritholtz dated August 5, 2020.)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
June 23, 2022 Opinion or Order Filing 552 ***SELECTED PARTIES***COUNTER STATEMENT TO #540 Rule 56.1 Statement,. Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rite Aid Hdqtrs. Corp.,, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Walgreen CO. Motion or Order to File Under Seal: #95 .(Litvin, Dan)
June 23, 2022 Opinion or Order Filing 551 ***SELECTED PARTIES***JOINT MEMORANDUM OF LAW in Opposition re: #537 JOINT MOTION for Summary Judgment . [PLAINTIFFS JOINT MEMORANDUM IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT ON CAUSATION]. Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. Motion or Order to File Under Seal: #95 .(Litvin, Dan)
June 23, 2022 Opinion or Order Filing 550 ***SELECTED PARTIES***JOINT MEMORANDUM OF LAW in Opposition re: #537 JOINT MOTION for Summary Judgment . [PLAINTIFFS JOINT MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT ON THE STATUTE OF LIMITATIONS]. Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. (Attachments: #1 Appendix End Payors' Appendix A, #2 Appendix End Payors' Appendix B)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
May 26, 2022 Opinion or Order Filing 549 ORDER REGULATING PROCEEDINGS: in case 1:18-cv-04361-AKH; terminating (122) Motion to Amend/Correct (122 in 1:18-cv-05536-AKH, 128 in 1:18-cv-05603-AKH, 112 in 1:18-cv-05708-AKH, 128 in 1:18-cv-05886-AKH, 98 in 1:18-cv-06776-AKH) MOTION to Amend/Correct Stipulation and Case Management Order. in case 1:18-cv-05536-AKH; terminating (128) Motion to Amend/Correct (122 in 1:18-cv-05536-AKH, 128 in 1:18-cv-05603-AKH, 112 in 1:18-cv-05708-AKH, 128 in 1:18-cv-05886-AKH, 98 in 1:18-cv-06776-AKH) MOTION to Amend/Correct Stipulation and Case Management Order. in case 1:18-cv-05603-AKH; terminating (112) Motion to Amend/Correct (122 in 1:18-cv-05536-AKH, 128 in 1:18-cv-05603-AKH, 112 in 1:18-cv-05708-AKH, 128 in 1:18-cv-05886-AKH, 98 in 1:18-cv-06776-AKH) MOTION to Amend/Correct Stipulation and Case Management Order. in case 1:18-cv-05708-AKH; terminating (128) Motion to Amend/Correct (122 in 1:18-cv-05536-AKH, 128 in 1:18-cv-05603-AKH, 112 in 1:18-cv-05708-AKH, 128 in 1:18-cv-05886-AKH, 98 in 1:18-cv-06776-AKH) MOTION to Amend/Correct Stipulation and Case Management Order. in case 1:18-cv-05886-AKH; terminating (98) Motion to Amend/Correct (122 in 1:18-cv-05536-AKH, 128 in 1:18-cv-05603-AKH, 112 in 1:18-cv-05708-AKH, 128 in 1:18-cv-05886-AKH, 98 in 1:18-cv-06776-AKH) MOTION to Amend/Correct Stipulation and Case Management Order. in case 1:18-cv-06776-AKH. On March 7, 2022, End-Payor Plaintiffs' filed a motion for an order amending the case management order to substitute DiCello Levitt Gutzler for Labaton Sucharow LLP as Interim Lead Counsel for the proposed Class of End-Payor Plaintiff. 18 Civ. 4361, ECF No. 467. I granted that request On March 25, 2022 in my order at ECF No. 503 in 18 Civ. 4361. However, the same motion was spread to the individual End-Payor Plaintiff (EPP) actions and is marked as open in those cases. Because my March 25 order resolved the motion with respect to all EPP cases, the Clerk shall terminate the following motions: ECF No. 122 in 18 Civ. 5536; ECF No. 128 in 18 Civ. 5603; ECF No. 112 in 18 Civ. 5708; ECF No. 128 in 18 Civ. 5886; and ECF No. 98 in 18 Civ. 6776. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/26/2022) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (ama)
May 26, 2022 Opinion or Order ***DELETED DOCUMENT. Deleted document number 547 Memo Endorsement. The document was incorrectly filed in this case. (tg)
May 25, 2022 Opinion or Order Filing 548 ORDER GRANTING MOTIONS TO SEAL granting #468 Letter Motion to Seal; granting #472 Letter Motion to Seal; granting #474 Letter Motion to Seal; granting #485 Letter Motion to Seal; granting #514 Letter Motion to Seal; granting #517 Letter Motion to Seal; granting #518 Letter Motion to Seal; granting #519 Letter Motion to Seal; granting #520 Letter Motion to Seal; granting #521 Letter Motion to Seal; granting #525 Letter Motion to Seal; granting #529 Letter Motion to Seal; granting #533 Letter Motion to Seal; granting #536 Letter Motion to Seal; granting #542 Letter Motion to Seal. Accordingly, the requests to seal are granted. The Clerk shall terminate ECF Nos. 468, 472, 474, 485, 514, 517, 518, 519, 520, 521, 525, 529, 533, 536, and 542. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/25/2022) (va)
May 25, 2022 Opinion or Order Filing 546 MEMO ENDORSEMENT granting #543 Motion to Withdraw as Attorney. in case 1:18-cv-04361-AKH. ENDORSEMENT: The request is granted. So Ordered. Attorneys Jay L. Himes, Brian R. Morrison, and Ethan H. Kaminsky terminated. (Signed by Judge Alvin K. Hellerstein on 5/25/2022) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (tg) Modified on 5/26/2022 (tg).
May 25, 2022 Opinion or Order Filing 545 ORDER REGULATING PROCEEDINGS: terminating #388 Motion to Withdraw as Attorney. Currently, ECF No. 388 is marked open. However, that motion was resolved by ECF No. 416. Accordingly, the Clerk shall terminate ECF No. 388. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/25/2022) (ama)
May 19, 2022 Opinion or Order Filing 544 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by UFCW Local 1500 Welfare Fund. Related Document Number: #543 ..(Van Der Meulen, Robin)
May 19, 2022 Opinion or Order Filing 543 MOTION for Jay L. Himes, Brian R. Morrison, and Ethan H. Kaminsky to Withdraw as Attorney . Document filed by UFCW Local 1500 Welfare Fund..(Van Der Meulen, Robin)
May 18, 2022 Opinion or Order Filing 542 LETTER MOTION to Seal (CORRECTED LETTER MOTION to Seal ) addressed to Judge Alvin K. Hellerstein from Matt Knepper dated May 16, 2022. Document filed by Express Scripts, Inc...(Knepper, Matthew)
May 17, 2022 Opinion or Order Filing 541 ***SELECTED PARTIES***DECLARATION of Rachel G. Skaistis in Support re: #537 JOINT MOTION for Summary Judgment .. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104, #105 Exhibit 105)Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
May 17, 2022 Opinion or Order Filing 540 ***SELECTED PARTIES***RULE 56.1 STATEMENT. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
May 17, 2022 Opinion or Order Filing 539 ***SELECTED PARTIES***JOINT MEMORANDUM OF LAW in Support re: #537 JOINT MOTION for Summary Judgment . Memorandum of Law in Support of Defendants' Motion for Summary Judgment on the Statute of Limitations. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Appendix A, #2 Appendix B)Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
May 17, 2022 Opinion or Order Filing 538 ***SELECTED PARTIES***JOINT MEMORANDUM OF LAW in Support re: #537 JOINT MOTION for Summary Judgment . Memorandum of Law in Support of Defendants' Motion for Summary Judgment on Causation. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
May 17, 2022 Opinion or Order Filing 537 JOINT MOTION for Summary Judgment . Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
May 17, 2022 Opinion or Order Filing 536 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Jeffrey C. Bank dated May 17, 2022. Document filed by Mylan Pharmaceuticals Inc...(Bank, Jeffrey)
May 17, 2022 Opinion or Order Filing 535 NOTICE OF APPEARANCE by Jeffrey C. Bank on behalf of Mylan Pharmaceuticals Inc...(Bank, Jeffrey)
May 16, 2022 Opinion or Order Filing 534 LETTER addressed to Judge Alvin K. Hellerstein from Caitlin G. Coslett dated May 16, 2022 re: McKesson Corp's Letter/Brief regarding Sealing of Exhibits. Document filed by Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit A).(Coslett, Caitlin)
May 16, 2022 Opinion or Order Filing 533 LETTER MOTION to Seal (Unopposed) addressed to Judge Alvin K. Hellerstein from Dan Litvin dated May 16, 2022. Document filed by Drogueria Betances, LLC, FWK HOLDINGS, LLC, Rochester Drug Co-Operative, Inc...(Litvin, Dan)
May 16, 2022 Opinion or Order Filing 532 NOTICE of Redactions to Direct Purchaser Class Plaintiffs' Class Certification Materials. Document filed by Drogueria Betances, LLC, FWK HOLDINGS, LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit 1 Redacted Class Certification Brief, #2 Exhibit 2 Redacted Exhibit to Class Certification Brief, #3 Exhibit 3 Redacted Exhibit to Class Certification Brief, #4 Exhibit 4 Redacted Exhibit to Class Certification Brief, #5 Exhibit 5 Redacted Exhibit to Class Certification Brief, #6 Exhibit 6 Redacted Exhibit to Class Certification Brief, #7 Exhibit 7 Redacted Exhibit to Class Certification Brief, #8 Exhibit 8 Redacted Exhibit to Class Certification Brief, #9 Exhibit 9 Redacted Exhibit to Class Certification Brief, #10 Exhibit 10 Redacted Exhibit to Class Certification Brief, #11 Exhibit 11 Redacted Exhibit to Class Certification Brief, #12 Exhibit 12 Redacted Exhibit to Class Certification Brief, #13 Exhibit 13 Redacted Exhibit to Class Certification Brief, #14 Exhibit 14 Redacted Exhibit to Class Certification Brief, #15 Exhibit 15 Redacted Exhibit to Class Certification Brief, #16 Exhibit 16 Redacted Exhibit to Class Certification Brief, #17 Exhibit 17 Redacted Exhibit to Class Certification Brief, #18 Exhibit 18 Redacted Exhibit to Class Certification Brief, #19 Exhibit 19 Redacted Class Certification Reply Brief, #20 Exhibit 20 Redacted Exhibit to Class Certification Reply Brief, #21 Exhibit 21 Redacted Exhibit to Class Certification Reply Brief).(Litvin, Dan)
May 16, 2022 Opinion or Order Filing 531 ***SELECTED PARTIES***NOTICE of Filing of Proposed Redactions to Plaintiffs' 4/29/22 Reply in Further Support of Their Class Certification Motion and Supporting Papers re: #510 Reply Memorandum of Law in Support of Motion,, #513 Reply Affidavit in Support of Motion,,,,. Document filed by Rochester Drug Co-Operative, Inc., Drogueria Betances, LLC, FWK HOLDINGS, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit 1 DPP Proposed Redactions, #2 Exhibit 2 Novartis Proposed Redactions, #3 Exhibit 3 Novartis Proposed Redactions)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
May 16, 2022 Opinion or Order Filing 530 ***SELECTED PARTIES***NOTICE of Notice of Filing of Proposed Redactions to Plaintiffs' 3/15/22 Class Certification Motion and Supporting Papers re: #493 MOTION to Certify Class (Direct Purchaser Class)., #494 Declaration in Support of Motion,,,,,,, #497 Memorandum of Law in Support of Motion,,. Document filed by Rochester Drug Co-Operative, Inc., Drogueria Betances, LLC, FWK HOLDINGS, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit 1 Proposed Redactions to Class Certification Br, #2 Exhibit 2 Mylan Proposed Redaction, #3 Exhibit 3 Mylan Proposed Redaction, #4 Exhibit 4 Novartis, Par, and DPP Proposed Redactions, #5 Exhibit 5 Novartis Proposed Redactions, #6 Exhibit 6 Novartis Proposed Redactions, #7 Exhibit 7 Novartis Proposed Redactions, #8 Exhibit 8 Novartis Proposed Redactions, #9 Exhibit 9 Novartis Proposed Redactions, #10 Exhibit 10 Novartis Proposed Redactions, #11 Exhibit 11 Novartis Proposed Redactions, #12 Exhibit 12 Novartis Proposed Redactions, #13 Exhibit 13 Novartis Proposed Redactions, #14 Exhibit 14 Novartis Proposed Redactions, #15 Exhibit 15 Par Proposed Redaction, #16 Exhibit 16 Par Proposed Redaction, #17 Exhibit 17 Par Proposed Redaction, #18 Exhibit 18 Par Proposed Redaction)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
May 16, 2022 Opinion or Order Filing 529 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Matt Knepper dated May 16, 2022. Document filed by Express Scripts, Inc...(Knepper, Matthew)
May 16, 2022 Opinion or Order Filing 528 NOTICE of Filing of Redacted Documents re: #496 Memorandum of Law in Support of Motion,,. Document filed by UFCW Local 1500 Welfare Fund. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 03, #4 Exhibit 04, #5 Exhibit 05, #6 Exhibit 06, #7 Exhibit 07, #8 Exhibit 08, #9 Exhibit 09, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14).(Van Der Meulen, Robin)
May 16, 2022 Opinion or Order Filing 527 ***SELECTED PARTIES***NOTICE of Filing Documents with Proposed Redactions Highlighted re: #496 Memorandum of Law in Support of Motion,,. Document filed by UFCW Local 1500 Welfare Fund, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., Walgreen CO. (Attachments: #1 Exhibit 01, #2 Exhibit 02, #3 Exhibit 03, #4 Exhibit 04, #5 Exhibit 05, #6 Exhibit 06, #7 Exhibit 07, #8 Exhibit 08, #9 Exhibit 09, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)Motion or Order to File Under Seal: #525 .(Van Der Meulen, Robin)
May 16, 2022 Opinion or Order Filing 526 ***SELECTED PARTIES***NOTICE of (Proposed Redactions) Exhibits to the Declaration of Rachel G. Skaistis in Support of Defendants' Opposition to End Payor Plaintiffs' Motion for Class Certification re: #520 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated May 16, 2022.. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit F, #2 Exhibit L)Motion or Order to File Under Seal: #520 .(Skaistis, Rachel)
May 16, 2022 Opinion or Order Filing 525 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Robin A. van der Meulen dated May 16, 2022. Document filed by UFCW Local 1500 Welfare Fund..(Van Der Meulen, Robin)
May 16, 2022 Opinion or Order Filing 524 NOTICE of (Proposed Redactions) Exhibits to the Declaration of Rachel G. Skaistis in Support of Defendants' Opposition to End Payor Plaintiffs' Motion for Class Certification re: #520 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated May 16, 2022.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit F, #2 Exhibit L).(Skaistis, Rachel)
May 16, 2022 Opinion or Order Filing 523 ***SELECTED PARTIES***NOTICE of (Proposed Redactions) Memorandum of Law in Opposition to End Payor Plaintiffs' Motion for Class Certification re: #520 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated May 16, 2022.. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #520 .(Skaistis, Rachel)
May 16, 2022 Opinion or Order Filing 522 NOTICE of (Proposed Redactions) Memorandum of Law in Opposition to End Payor Plaintiffs' Motion for Class Certification re: #520 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated May 16, 2022.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
May 16, 2022 Opinion or Order Filing 521 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Victoria M. Rutherfurd dated May 16, 2022. Document filed by Cardinal Health, Inc...(Rutherfurd, Victoria)
May 16, 2022 Opinion or Order Filing 520 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated May 16, 2022. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
May 16, 2022 Opinion or Order Filing 519 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Scott E. Perwin dated 5/16/2022. Document filed by H-E-B LP, Walgreen CO..(Perwin, Scott)
May 16, 2022 Opinion or Order Filing 518 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Barry L. Refsin dated 05/16/2022. Document filed by CVS Pharmacy, Inc...(Refsin, Barry)
May 16, 2022 Opinion or Order Filing 517 FIRST LETTER MOTION to Seal Exhibit 23 to Doc. No. 504 addressed to Judge Alvin K. Hellerstein from Samantha Southall dated 05/16/2022. Document filed by AMERISOURCEBERGEN DRUG CORPORATION..(Southall, Samantha)
May 16, 2022 Opinion or Order Filing 516 NOTICE of Filing of Redacted Documents re: #504 Memorandum of Law in Opposition to Motion,,,,. Document filed by Par Pharmaceutical, 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).(Otis V, Ralph)
May 16, 2022 Opinion or Order Filing 515 ***SELECTED PARTIES***NOTICE of FILING OF DOCUMENTS WITH PROPOSED REDACTIONS HIGHLIGHTED re: #504 Memorandum of Law in Opposition to Motion,,,,. Document filed by Par Pharmaceutical, Inc., CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., Turlock Irrigation District, UFCW Local 1500 Welfare Fund, Walgreen CO. (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)Motion or Order to File Under Seal: #514 .(Otis V, Ralph)
May 16, 2022 Opinion or Order Filing 514 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from R. Chet Otis dated May 16, 2022. Document filed by Par Pharmaceutical, Inc...(Otis V, Ralph)
April 29, 2022 Opinion or Order Filing 513 ***SELECTED PARTIES***REPLY AFFIDAVIT of Dan Litvin in Support re: #493 MOTION to Certify Class (Direct Purchaser Class).. Document filed by Rochester Drug Co-Operative, Inc., Drogueria Betances, LLC, FWK HOLDINGS, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit 96, #2 Exhibit 97, #3 Exhibit 98, #4 Exhibit 99, #5 Exhibit 100, #6 Exhibit 101, #7 Exhibit 102, #8 Exhibit 103, #9 Exhibit 104, #10 Exhibit 105, #11 Exhibit 106, #12 Exhibit 107, #13 Exhibit 108, #14 Exhibit 109, #15 Exhibit 110, #16 Exhibit 111, #17 Exhibit 112, #18 Exhibit 113, #19 Exhibit 114, #20 Exhibit 115, #21 Exhibit 116, #22 Exhibit 117, #23 Exhibit 118, #24 Exhibit 119)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
April 29, 2022 Opinion or Order Filing 512 ***SELECTED PARTIES***DECLARATION of Robin A. van der Meulen in Support re: #495 MOTION to Certify Class .. Document filed by UFCW Local 1500 Welfare Fund, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., Walgreen CO. (Attachments: #1 Ex 01, #2 Ex 02, #3 Ex 03, #4 Ex 04, #5 Ex 05, #6 Ex 06, #7 Ex 07, #8 Ex 08, #9 Ex 09, #10 Ex 10, #11 Ex 11, #12 Ex 12, #13 Ex 13, #14 Ex 14, #15 Ex 15)Motion or Order to File Under Seal: #95 .(Van Der Meulen, Robin)
April 29, 2022 Opinion or Order Filing 511 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #495 MOTION to Certify Class . . Document filed by UFCW Local 1500 Welfare Fund, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., Walgreen CO. Motion or Order to File Under Seal: #95 .(Van Der Meulen, Robin)
April 29, 2022 Opinion or Order Filing 510 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #493 MOTION to Certify Class (Direct Purchaser Class). . Document filed by Rochester Drug Co-Operative, Inc., Drogueria Betances, LLC, FWK HOLDINGS, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #95 .(Litvin, Dan)
April 27, 2022 Opinion or Order Filing 509 NOTICE of Supplemental Authority re: #504 Memorandum of Law in Opposition to Motion,,,,. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Ryan, Thomas)
April 13, 2022 Opinion or Order Filing 508 ORDER granting #507 Letter Motion for Extension of Time. The extension requests are granted. So ordered. (Signed by Judge Alvin K. Hellerstein on 4/13/2022) (ate)
April 13, 2022 Opinion or Order Filing 507 JOINT LETTER MOTION for Extension of Time addressed to Judge Alvin K. Hellerstein from Robin van der Meulen dated April 13, 2022. Document filed by UFCW Local 1500 Welfare Fund..(Van Der Meulen, Robin)
April 13, 2022 Opinion or Order Set/Reset Deadlines: Motions due by 5/17/2022. Responses due by 6/23/2022. Replies due by 7/21/2022. (ate)
April 5, 2022 Opinion or Order Filing 506 ***SELECTED PARTIES***DECLARATION of Rachel G. Skaistis in Opposition re: #495 MOTION to Certify Class .. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (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)Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
April 5, 2022 Opinion or Order Filing 505 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #495 MOTION to Certify Class . (End Payor Class). Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
April 5, 2022 Opinion or Order Filing 504 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #493 MOTION to Certify Class (Direct Purchaser Class). . Document filed by Par Pharmaceutical, Inc., Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Declaration of Tom W. Ryan, #2 Exhibit 1, #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, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31)Motion or Order to File Under Seal: #95 .(Ryan, Thomas)
March 25, 2022 Opinion or Order Filing 503 ORDER GRANTING END-PAYOR PLAINTIFFS' INTERIM LEAD COUNSEL'S MOTION TO AMEND STIPULATION AND CASE MANAGEMENT granting #467 Motion to Amend/Correct #467 MOTION to Amend/Correct Stipulation and Case Management Order. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Counsel's Motion for an Order amending the Court's Leadership Order is granted, and DiCello Levitt Gutzler shall be substituted for Labaton Sucharow LLP in this Action. IT IS SO ORDERED.. (Signed by Judge Alvin K. Hellerstein on 3/25/22) (yv)
March 25, 2022 Opinion or Order Filing 502 MEMO ENDORSEMENT on re: #501 Letter, filed by Novartis AG, Novartis Pharmaceuticals Corporation. ENDORSEMENT: The request is granted. The Motion to Compel will be held in abeyance pending resolution of the EPP Motion. So ordered. (Signed by Judge Alvin K. Hellerstein on 3/25/2022) (vfr)
March 23, 2022 Opinion or Order Filing 501 LETTER addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated March 23, 2022 re: Order Granting Letter Motion to Seal (ECF No. 500) re: Novartis's Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena (ECF No. 314, "Motion to Compel"). Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
March 16, 2022 Opinion or Order Filing 500 ORDER granting #330 Letter Motion to Seal. On December 23, 2020 Defendant Novartis filed a motion to compel non-party OptumRX to produce certain documents. ECF No. 314. That motion is marked as open, though discovery has now closed. No later than March 23, 2022, Defendant Novartis shall advise the Court, via letter filed on ECF, as to the status of its motion, and if the motion requires resolution by the Court. Additionally, in connection with that motion, OptumRX filed a letter motion to seal portions of its opposition. ECF No. 330. That request is granted, and the Clerk shall terminate ECF No. 330. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/16/2022) (va)
March 16, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #499 Proposed Order was reviewed and approved as to form. (km)
March 15, 2022 Opinion or Order Filing 499 PROPOSED ORDER. Document filed by UFCW Local 1500 Welfare Fund. Related Document Number: #495 ..(Van Der Meulen, Robin) Proposed Order to be reviewed by Clerk's Office staff.
March 15, 2022 Opinion or Order Filing 498 ***SELECTED PARTIES***DECLARATION of Robin A. van der Meulen in Support re: #495 MOTION to Certify Class .. Document filed by UFCW Local 1500 Welfare Fund, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., Walgreen CO. (Attachments: #1 Exhibit Ex 01, #2 Exhibit Ex 02, #3 Exhibit Ex 03, #4 Errata Ex 04, #5 Exhibit Ex 05, #6 Exhibit Ex 06, #7 Exhibit Ex 07, #8 Exhibit Ex 08, #9 Exhibit Ex 09, #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, #26 Exhibit Ex 26, #27 Exhibit Ex 27, #28 Exhibit Ex 28, #29 Exhibit Ex 29, #30 Exhibit Ex 30, #31 Exhibit Ex 31, #32 Exhibit Ex 32, #33 Exhibit Ex 33, #34 Exhibit Ex 34, #35 Exhibit Ex 35, #36 Exhibit Ex 36, #37 Exhibit Ex 37, #38 Exhibit Ex 38, #39 Exhibit Ex 39, #40 Exhibit Ex 40, #41 Exhibit Ex 41, #42 Exhibit Ex 42, #43 Exhibit Ex 43, #44 Exhibit Ex 44, #45 Exhibit Ex 45, #46 Exhibit Ex 46, #47 Exhibit Ex 47, #48 Exhibit Ex 48, #49 Exhibit Ex 49, #50 Exhibit Ex 50, #51 Exhibit Ex 51, #52 Exhibit Ex 52, #53 Exhibit Ex 53, #54 Exhibit Ex 54, #55 Exhibit Ex 55, #56 Exhibit Ex 56, #57 Exhibit Ex 57, #58 Exhibit Ex 58, #59 Exhibit Ex 59, #60 Exhibit Ex 60, #61 Exhibit Ex 61, #62 Exhibit Ex 62, #63 Exhibit Ex 63, #64 Exhibit Ex 64, #65 Exhibit Ex 65, #66 Exhibit Ex 66, #67 Exhibit Ex 67, #68 Exhibit Ex 68, #69 Exhibit Ex 69, #70 Exhibit Ex 70, #71 Exhibit Ex 71, #72 Exhibit Ex 72, #73 Exhibit Ex 73, #74 Exhibit Ex 74)Motion or Order to File Under Seal: #95 .(Van Der Meulen, Robin)
March 15, 2022 Opinion or Order Filing 497 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #493 MOTION to Certify Class (Direct Purchaser Class). . Document filed by Rochester Drug Co-Operative, Inc., Drogueria Betances, LLC, FWK HOLDINGS, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #95 .(Litvin, Dan)
March 15, 2022 Opinion or Order Filing 496 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #495 MOTION to Certify Class . . Document filed by UFCW Local 1500 Welfare Fund, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., Walgreen CO. (Attachments: #1 Appendix A - Complied Analysis of State Law Elements, #2 Appendix B - Verdict Sheet, #3 Appendix C - Trial Plan)Motion or Order to File Under Seal: #495 .(Van Der Meulen, Robin)
March 15, 2022 Opinion or Order Filing 495 MOTION to Certify Class . Document filed by UFCW Local 1500 Welfare Fund..(Van Der Meulen, Robin)
March 15, 2022 Opinion or Order Filing 494 ***SELECTED PARTIES***DECLARATION of Dan Litvin in Support re: #493 MOTION to Certify Class (Direct Purchaser Class).. Document filed by Rochester Drug Co-Operative, Inc., Drogueria Betances, LLC, FWK HOLDINGS, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (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, #46 Ex. 46, #47 Ex. 47, #48 Ex. 48, #49 Ex. 49, #50 Ex. 50, #51 Ex. 51, #52 Ex. 52, #53 Ex. 53, #54 Ex. 54, #55 Ex. 55, #56 Ex. 56, #57 Ex. 57, #58 Ex. 58, #59 Ex. 59, #60 Ex. 60, #61 Ex. 61, #62 Ex. 62, #63 Ex. 63, #64 Ex. 64, #65 Ex. 65, #66 Ex. 66, #67 Ex. 67, #68 Ex. 68, #69 Ex. 69, #70 Ex. 70, #71 Ex. 71, #72 Ex. 72, #73 Ex. 73, #74 Ex. 74, #75 Ex. 75, #76 Ex. 76, #77 Ex. 77, #78 Ex. 78, #79 Ex. 79, #80 Ex. 80, #81 Ex. 81, #82 Ex. 82, #83 Ex. 83, #84 Ex. 84, #85 Ex. 85, #86 Ex. 86, #87 Ex. 87, #88 Ex. 88, #89 Ex. 89, #90 Ex. 90, #91 Ex. 91, #92 Ex. 92, #93 Ex. 93, #94 Ex. 94, #95 Ex. 95)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
March 15, 2022 Opinion or Order Filing 493 MOTION to Certify Class (Direct Purchaser Class). Document filed by Drogueria Betances, LLC, FWK HOLDINGS, LLC, Rochester Drug Co-Operative, Inc...(Litvin, Dan)
March 14, 2022 Opinion or Order Filing 492 NOTICE of REFILING OF REDACTED DOCUMENTS re: #471 Notice (Other),,,,. Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Litvin, Dan)
March 14, 2022 Opinion or Order Filing 491 NOTICE of REFILING OF REDACTED DOCUMENTS re: #453 Notice (Other),. Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Litvin, Dan)
March 7, 2022 Opinion or Order Filing 490 ***SELECTED PARTIES***NOTICE of (Proposed Redactions) Memorandum of Law in Support of Defendants' Motion to Exclude Testimony of Dr. Rena Conti re: #474 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated March 7, 2022.. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 (Proposed Redactions) Exhibit A to the Declaration of Rachel G. Skaistis in Support of Defendants' Motion to Exclude the Testimony of Dr. Rena Conti, #2 (Proposed Redactions) Exhibit D to the Declaration of Rachel G. Skaistis in Support of Defendants' Motion to Exclude the Testimony of Dr. Rena Conti)Motion or Order to File Under Seal: #474 .(Skaistis, Rachel)
March 7, 2022 Opinion or Order Filing 489 NOTICE of (Proposed Redactions) Memorandum of Law in Support of Defendants' Motion to Exclude Testimony of Dr. Rena Conti re: #474 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated March 7, 2022.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (Attachments: #1 (Proposed Redactions) Exhibit A to the Declaration of Rachel G. Skaistis in Support of Defendants' Motion to Exclude the Testimony of Dr. Rena Conti, #2 (Proposed Redactions) Exhibit D to the Declaration of Rachel G. Skaistis in Support of Defendants' Motion to Exclude the Testimony of Dr. Rena Conti).(Skaistis, Rachel)
March 7, 2022 Opinion or Order Filing 488 ***SELECTED PARTIES***NOTICE of (Proposed Redactions) Exhibit D to the Declaration of Rachel G. Skaistis in Support of Defendants' Motion to Exclude the Testimony of Luis Molina and Donald Allen re: #474 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated March 7, 2022.. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #474 .(Skaistis, Rachel)
March 7, 2022 Opinion or Order Filing 487 NOTICE of (Proposed Redactions) Exhibit D to the Declaration of Rachel G. Skaistis in Support of Defendants' Motion to Exclude the Testimony of Luis Molina and Donald Allen re: #474 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated March 7, 2022.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
March 7, 2022 Opinion or Order Filing 486 ***SELECTED PARTIES***NOTICE of (Proposed Redactions) Exhibit C to the Declaration of Rachel G. Skaistis in Support of Defendants' Motion to Exclude the Testimony of Luis Molina and Donald Allen re: #474 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated March 7, 2022.. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #474 .(Skaistis, Rachel)
March 7, 2022 Opinion or Order Filing 485 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from R. Chet Otis dated March 7, 2022. Document filed by Par Pharmaceutical, Inc...(Ryan, Thomas)
March 7, 2022 Opinion or Order Filing 484 NOTICE of (Proposed Redactions) Exhibit C to the Declaration of Rachel G. Skaistis in Support of Defendants' Motion to Exclude the Testimony of Luis Molina and Donald Allen re: #474 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated March 7, 2022.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
March 7, 2022 Opinion or Order Filing 483 NOTICE of Filing of Redacted Documents re: #394 Brief,,, #429 Memorandum of Law in Opposition to Motion,,. Document filed by Par Pharmaceutical, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Ryan, Thomas)
March 7, 2022 Opinion or Order Filing 482 ***SELECTED PARTIES***NOTICE of (Proposed Redactions) Exhibit B to the Declaration of Rachel G. Skaistis in Support of Defendants' Motion to Exclude the Testimony of Luis Molina and Donald Allen re: #474 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated March 7, 2022.. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #474 .(Skaistis, Rachel)
March 7, 2022 Opinion or Order Filing 481 ***SELECTED PARTIES***NOTICE of FILING OF DOCUMENTS WITH PROPOSED REDACTIONS HIGHLIGHTED re: #394 Brief,,, #429 Memorandum of Law in Opposition to Motion,,. Document filed by Par Pharmaceutical, Inc., CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Motion or Order to File Under Seal: #95 .(Ryan, Thomas)
March 7, 2022 Opinion or Order Filing 480 NOTICE of (Proposed Redactions) Exhibit B to the Declaration of Rachel G. Skaistis in Support of Defendants' Motion to Exclude the Testimony of Luis Molina and Donald Allen re: #474 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated March 7, 2022.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
March 7, 2022 Opinion or Order Filing 479 ***SELECTED PARTIES***NOTICE of (Proposed Redactions) Exhibit A to the Declaration of Rachel G. Skaistis in Support of Defendants' Motion to Exclude the Testimony of Luis Molina and Donald Allen re: #474 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated March 7, 2022.. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #474 .(Skaistis, Rachel)
March 7, 2022 Opinion or Order Filing 478 NOTICE of filing document with proposed redactions - Exhibit 3 to the Declaration of Robin A. van der Meulen in Support of Memorandum of Law in Opposition to Defendants' Motion to Exclude the Testimony of Dr. Rena Conti re: #472 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Robin A. van der Meulen and Robert Eisler dated March 7, 2022.. Document filed by Law Enforcement Health Benefits Inc., UFCW Local 1500 Welfare Fund..(Eisler, Robert)
March 7, 2022 Opinion or Order Filing 477 NOTICE of of filing document with proposed redactions - Memorandum of Law in Opposition to Defendants' Motion to Exclude the Testimony of Dr. Rena Conti re: #472 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Robin A. van der Meulen and Robert Eisler dated March 7, 2022.. Document filed by Law Enforcement Health Benefits Inc., UFCW Local 1500 Welfare Fund..(Eisler, Robert)
March 7, 2022 Opinion or Order Filing 476 NOTICE of (Proposed Redactions) Exhibit A to the Declaration of Rachel G. Skaistis in Support of Defendants' Motion to Exclude the Testimony of Luis Molina and Donald Allen re: #474 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated March 7, 2022.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
March 7, 2022 Opinion or Order Filing 475 ***SELECTED PARTIES***NOTICE of of filing document with proposed redactions (highlighted) Exhibit 3 to the Declaration of Robin A. van der Meulen in Support of Memorandum of Law in Opposition to Defendants' Motion to Exclude the Testimony of Dr. Rena Conti re: #472 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Robin A. van der Meulen and Robert Eisler dated March 7, 2022.. Document filed by Law Enforcement Health Benefits Inc., UFCW Local 1500 Welfare Fund. Motion or Order to File Under Seal: #472 .(Eisler, Robert)
March 7, 2022 Opinion or Order Filing 474 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated March 7, 2022. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
March 7, 2022 Opinion or Order Filing 473 ***SELECTED PARTIES***NOTICE of of filing document with proposed redactions (highlighted) Memorandum of Law in Opposition to Defendants' Motion to Exclude the Testimony of Dr. Rena Conti re: #472 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Robin A. van der Meulen and Robert Eisler dated March 7, 2022.. Document filed by Law Enforcement Health Benefits Inc., UFCW Local 1500 Welfare Fund. Motion or Order to File Under Seal: #472 .(Eisler, Robert)
March 7, 2022 Opinion or Order Filing 472 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Robin A. van der Meulen and Robert Eisler dated March 7, 2022. Document filed by Law Enforcement Health Benefits Inc., UFCW Local 1500 Welfare Fund..(Eisler, Robert)
March 7, 2022 Opinion or Order Filing 471 NOTICE of Filing of Redacted Documents re: #436 Opposition Brief,,,,,, #466 Notice (Other),, #409 Declaration in Support of Motion,,,,,,,,,,,, #410 Memorandum of Law in Support of Motion,, #427 Opposition Brief,, #435 Opposition Brief,, #465 Notice (Other),,,,,. Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #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).(Litvin, Dan)
March 7, 2022 Opinion or Order Filing 470 ***SELECTED PARTIES***NOTICE of filing document with proposed redactions (highlighted) Exhibit 1 to the Declaration of Barry L. Refsin in Support of Retailer Plaintiffs' Opposition to Defendants' Motion to Exclude Testimony of Keith Leffler re: #468 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Barry L. Refsin dated 03/07/2022.. Document filed by H-E-B LP, CVS Pharmacy, Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, The Kroger Co., Rite Aid Corporation, Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rochester Drug Co-Operative, Inc., UFCW Local 1500 Welfare Fund. Motion or Order to File Under Seal: #468 .(Refsin, Barry)
March 7, 2022 Opinion or Order Filing 469 NOTICE of filing documents with proposed redactions Exhibit 1 to the Declaration of Barry L. Refsin in Support of Retailer Plaintiffs' Opposition to Defendants' Motion to Exclude Testimony of Keith Leffler re: #468 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Barry L. Refsin dated 03/07/2022.. Document filed by CVS Pharmacy, Inc., H-E-B LP, Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., Walgreen CO..(Refsin, Barry)
March 7, 2022 Opinion or Order Filing 468 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Barry L. Refsin dated 03/07/2022. Document filed by CVS Pharmacy, Inc., H-E-B LP, Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., Walgreen CO..(Refsin, Barry)
March 7, 2022 Opinion or Order Filing 467 MOTION to Amend/Correct Stipulation and Case Management Order. Document filed by UFCW Local 1500 Welfare Fund. (Attachments: #1 Text of Proposed Order)Filed In Associated Cases: 1:18-cv-04361-AKH et al..(Van Der Meulen, Robin)
March 7, 2022 Opinion or Order Filing 466 ***SELECTED PARTIES***NOTICE of FILING OF ADDITIONAL DOCUMENTS WITH PROPOSED REDACTIONS HIGHLIGHTED re: #465 Notice (Other),,,,,. Document filed by Drogueria Betances, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit 41, #2 Exhibit 42, #3 Exhibit 43, #4 Exhibit 44)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
March 7, 2022 Opinion or Order Filing 465 ***SELECTED PARTIES***NOTICE of FILING OF DOCUMENTS WITH PROPOSED REDACTIONS HIGHLIGHTED re: #436 Opposition Brief,,,,,, #409 Declaration in Support of Motion,,,,,,,,,,,, #410 Memorandum of Law in Support of Motion,, #427 Opposition Brief,, #435 Opposition Brief,,. Document filed by Drogueria Betances, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (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)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
March 3, 2022 Opinion or Order Filing 464 ORDER granting #455 Letter Motion to Seal. The motion to seal is granted. So ordered. (Signed by Judge Alvin K. Hellerstein on 3/3/22) (yv)
March 3, 2022 Opinion or Order Filing 463 ORDER granting #461 Letter Motion to Seal. The motion to seal is granted. So ordered. (Signed by Judge Alvin K. Hellerstein on 3/3/22) (yv)
February 28, 2022 Opinion or Order Filing 462 ***SELECTED PARTIES***NOTICE of (Proposed Redactions) Exhibit E to the Declaration of Rachel G. Skaistis in Support of Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion to Compel Production of Documents re: #455 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated February 28, 2022.. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., Turlock Irrigation District, UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #455 .(Skaistis, Rachel)
February 28, 2022 Opinion or Order Filing 461 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from R. Chet Otis dated February 28, 2022. Document filed by Par Pharmaceutical, Inc...(Otis V, Ralph)
February 28, 2022 Opinion or Order Filing 460 NOTICE of (Proposed Redactions) Exhibit E to the Declaration of Rachel G. Skaistis in Support of Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion to Compel Production of Documents re: #455 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated February 28, 2022.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
February 28, 2022 Opinion or Order Filing 459 ***SELECTED PARTIES***NOTICE of (Proposed Redactions) Exhibit A to the Declaration of Rachel G. Skaistis in Support of Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion to Compel Production of Documents re: #455 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated February 28, 2022.. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #455 .(Skaistis, Rachel)
February 28, 2022 Opinion or Order Filing 458 NOTICE of (Proposed Redactions) Exhibit A to the Declaration of Rachel G. Skaistis in Support of Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion to Compel Production of Documents re: #455 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated February 28, 2022.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
February 28, 2022 Opinion or Order Filing 457 ***SELECTED PARTIES***NOTICE of (Proposed Redactions) Memorandum of Law in Opposition to Plaintiffs' Motion to Compel Production of Documents re: #455 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated February 28, 2022.. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #455 .(Skaistis, Rachel)
February 28, 2022 Opinion or Order Filing 456 NOTICE of (Proposed Redactions) Memorandum of Law in Opposition to Plaintiffs' Motion to Compel Production of Documents re: #455 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated February 28, 2022.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
February 28, 2022 Opinion or Order Filing 455 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Rachel G. Skaistis dated February 28, 2022. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
February 28, 2022 Opinion or Order Filing 454 ***SELECTED PARTIES***NOTICE of FILING OF DOCUMENTS WITH PROPOSED REDACTIONS HIGHLIGHTED re: #453 Notice (Other), #439 Reply Memorandum of Law in Support of Motion,, #434 Declaration in Support of Motion,, #433 Memorandum of Law in Support of Motion,,. Document filed by Drogueria Betances, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
February 28, 2022 Opinion or Order Filing 453 NOTICE of Filing of Redacted Documents re: #439 Reply Memorandum of Law in Support of Motion,, #434 Declaration in Support of Motion,, #433 Memorandum of Law in Support of Motion,,. Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit).(Litvin, Dan)
February 25, 2022 Opinion or Order Filing 452 ORDER REGULATING PROCEEDINGS: My orders ECF No. 275 and ECF No. 309 in the above captioned case resolved certain motions. However, those motions are not marked closed in the relevant member cases. Accordingly, the Clerk shall terminate ECF Nos. 97 and 108 in 18 Civ. 5603; ECF Nos. 80 and 91 in 18 Civ. 5708; ECF Nos. 96 and 107 in 18 Civ. 5886; ECF Nos. 67 and 78 in 18 Civ. 6776. So Ordered. (Signed by Judge Alvin K. Hellerstein on 2/25/2022) (js)
February 18, 2022 Opinion or Order Filing 451 ***SELECTED PARTIES*** BRIEF re: #401 Brief,, Reply Memorandum of Law in Support of Defendants' Motion to Exclude Testimony of Luis Molina and Donald Allen. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO.Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
February 18, 2022 Opinion or Order Filing 450 ***SELECTED PARTIES*** BRIEF re: #405 Brief,, Reply Memorandum of Law in Support of Defendants' Motion to Exclude, In Part, Testimony of Glen Belvis and Dr. Stephen Byrn. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO.Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
February 18, 2022 Opinion or Order Filing 449 ***SELECTED PARTIES*** BRIEF re: #402 Brief,, Reply Memorandum of Law in Support of Defendants' Motion to Exclude Testimony of Dr. Rena Conti. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO.Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
February 18, 2022 Opinion or Order Filing 448 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #406 MOTION Plaintiffs' Motion to Exclude the Opinions of Defendants' Patent Litigation Expert Mr. Phillip Johnson on What "Reasonable Companies" Would Have Believed About the Strength of Novartis's Patents . . Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rochester Drug Co-Operative, Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. Motion or Order to File Under Seal: #95 .(Litvin, Dan)
February 18, 2022 Opinion or Order Filing 447 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #404 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Interpretation, Infringement, and Validity of the '728 Patent . . Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rochester Drug Co-Operative, Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. Motion or Order to File Under Seal: #95 .(Litvin, Dan)
February 18, 2022 Opinion or Order Filing 446 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #407 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Infringement of the '197 Patent . . Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rochester Drug Co-Operative, Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. Motion or Order to File Under Seal: #95 .(Litvin, Dan)
February 18, 2022 Opinion or Order Filing 445 ***SELECTED PARTIES***REPLY AFFIDAVIT of Dan Litvin in Support re: #403 MOTION Exclude Certain Opinions of Defendants' Experts Mark Robbins, Laurence Baker and Phillip Johnson Purporting to Interpret Defendants Agreement .. Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Caremark PHC, LLC, Law Enforcement Health Benefits Inc., Rochester Drug Co-Operative, Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
February 18, 2022 Opinion or Order Filing 444 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #403 MOTION Exclude Certain Opinions of Defendants' Experts Mark Robbins, Laurence Baker and Phillip Johnson Purporting to Interpret Defendants Agreement . . Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rochester Drug Co-Operative, Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. Motion or Order to File Under Seal: #95 .(Litvin, Dan)
February 18, 2022 Opinion or Order Filing 443 ***SELECTED PARTIES*** BRIEF re: #395 Brief,, REPLY MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS MOTION TO EXCLUDE TESTIMONY OF BERNICE TAO. Document filed by Par Pharmaceutical, Inc., Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Declaration of Benjamin M. Greenblum, #2 Exhibit 1)Motion or Order to File Under Seal: #95 .(Ryan, Thomas)
February 18, 2022 Opinion or Order Filing 442 ***SELECTED PARTIES*** BRIEF re: #394 Brief,,, REPLY MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS MOTION TO EXCLUDE TESTIMONY OF EINER ELHAUGE AND KEITH LEFFLER. Document filed by Par Pharmaceutical, Inc., Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Declaration of Benjamin M. Greenblum, #2 Exhibit 1, #3 Exhibit 2)Motion or Order to File Under Seal: #95 .(Ryan, Thomas)
February 18, 2022 Opinion or Order Filing 441 ***SELECTED PARTIES*** BRIEF re: #393 Brief,, REPLY MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS MOTION TO EXCLUDE TESTIMONY OF JOHN R. THOMAS. Document filed by Par Pharmaceutical, Inc., Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO.Motion or Order to File Under Seal: #95 .(Ryan, Thomas)
February 18, 2022 Opinion or Order Filing 440 ***SELECTED PARTIES*** BRIEF re: #396 Brief,, REPLY IN SUPPORT OF DEFENDANTS MOTION TO EXCLUDE TESTIMONY OF ARTHUR SCHWARTZBARD. Document filed by Par Pharmaceutical, Inc., Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO.Motion or Order to File Under Seal: #95 .(Ryan, Thomas)
February 10, 2022 Opinion or Order Filing 439 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #432 MOTION to Compel Defendants to Produce Clawed Back Documents . . Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. Motion or Order to File Under Seal: #95 .(Litvin, Dan)
February 8, 2022 Opinion or Order Filing 438 ***SELECTED PARTIES***DECLARATION of Rachel G. Skaistis in Opposition re: #432 MOTION to Compel Defendants to Produce Clawed Back Documents .. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
February 8, 2022 Opinion or Order Filing 437 ***SELECTED PARTIES***JOINT MEMORANDUM OF LAW in Opposition re: #432 MOTION to Compel Defendants to Produce Clawed Back Documents . . Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
February 1, 2022 Opinion or Order Filing 436 ***SELECTED PARTIES*** OPPOSITION BRIEF re: #405 Brief,, PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE, IN PART, THE TESTIMONY OF MR. GLEN BELVIS AND DR. STEPHEN BYRN. Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. (Attachments: #1 Affidavit Declaration of J. Boone Baxter, #2 Exhibit 1, #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, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38 part 1, #40 Exhibit 38 part 2, #41 Exhibit 38 part 3, #42 Exhibit 38 part 4, #43 Exhibit 39, #44 Exhibit 40, #45 Exhibit 41, #46 Exhibit 42, #47 Exhibit 43, #48 Exhibit 44, #49 Exhibit 45, #50 Exhibit 46)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
February 1, 2022 Opinion or Order Filing 435 ***SELECTED PARTIES*** OPPOSITION BRIEF re: #394 Brief,,, . Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. (Attachments: #1 Affidavit Declaration of Joseph Opper, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
February 1, 2022 Opinion or Order Filing 434 ***SELECTED PARTIES***DECLARATION of Deborah Elman in Support re: #432 MOTION to Compel Defendants to Produce Clawed Back Documents .. Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Motion or Order to File Under Seal: #95 .(Elman, Deborah)
February 1, 2022 Opinion or Order Filing 433 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #432 MOTION to Compel Defendants to Produce Clawed Back Documents . . Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. Motion or Order to File Under Seal: #95 .(Litvin, Dan)
February 1, 2022 Opinion or Order Filing 432 MOTION to Compel Defendants to Produce Clawed Back Documents . Document filed by CVS Pharmacy, Inc., Drogueria Betances, LLC, FWK HOLDINGS, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Text of Proposed Order).(Litvin, Dan)
February 1, 2022 Opinion or Order Filing 431 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #404 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Interpretation, Infringement, and Validity of the '728 Patent . . Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
February 1, 2022 Opinion or Order Filing 430 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #406 MOTION Plaintiffs' Motion to Exclude the Opinions of Defendants' Patent Litigation Expert Mr. Phillip Johnson on What "Reasonable Companies" Would Have Believed About the Strength of Novartis's Patents . . Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
February 1, 2022 Opinion or Order Filing 429 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #403 MOTION Exclude Certain Opinions of Defendants' Experts Mark Robbins, Laurence Baker and Phillip Johnson Purporting to Interpret Defendants Agreement . . Document filed by Par Pharmaceutical, Inc., Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Declaration of Benjamin M. Greenblum, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)Motion or Order to File Under Seal: #95 .(Ryan, Thomas)
February 1, 2022 Opinion or Order Filing 428 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #407 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Infringement of the '197 Patent . . Document filed by Par Pharmaceutical, Inc., Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #95 .(Ryan, Thomas)
February 1, 2022 Opinion or Order Filing 427 ***SELECTED PARTIES*** OPPOSITION BRIEF re: #394 Brief,,, Retailer Plaintiffs' Opposition to Defendants' Motion to Exclude Testimony of Keith Leffler. Document filed by H-E-B LP, CVS Pharmacy, Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, The Kroger Co., Rite Aid Corporation, Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rochester Drug Co-Operative, Inc., UFCW Local 1500 Welfare Fund. (Attachments: #1 Declaration of Barry L. Refsin, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6)Motion or Order to File Under Seal: #95 .(Refsin, Barry)
February 1, 2022 Opinion or Order Filing 426 ***SELECTED PARTIES***DECLARATION of Robin A. van der Meulen re: #392 Notice (Other) . Declaration of Robin A. van der Meulen in Support of Memorandum of Law in Opposition to Defendants' Motion to Exclude the Testimony of Dr. Rena Conti. Document filed by UFCW Local 1500 Welfare Fund, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., Walgreen CO. (Attachments: #1 Exhibit 1 - R. Conti Depo Excerpts, #2 Exhibit 2 - Optum Declaration, #3 Exhibit 3 - Craft Expert Report, #4 Exhibit 4 - ExpressScripts Declaration, #5 Exhibit 5 - Caremark Declaration, #6 Exhibit 6 - K. Rogers Depo Excerpts, #7 Exhibit 7 - J. Hughes Depo Excerpts, #8 Exhibit 8 - IQVIA Institute 2021)Motion or Order to File Under Seal: #95 .(Van Der Meulen, Robin)
February 1, 2022 Opinion or Order Filing 425 ***SELECTED PARTIES*** OPPOSITION BRIEF re: #393 Brief,, PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE TESTIMONY OF PROF. JOHN R. THOMAS. Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc..Motion or Order to File Under Seal: #95 .(Litvin, Dan)
February 1, 2022 Opinion or Order Filing 424 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #392 Notice (Other) . Memorandum of Law in Opposition to Defendants' Motion to Exclude the Testimony of Dr. Rena Conti. Document filed by UFCW Local 1500 Welfare Fund, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., Walgreen CO. Motion or Order to File Under Seal: #95 .(Van Der Meulen, Robin)
February 1, 2022 Opinion or Order Filing 423 ***SELECTED PARTIES*** OPPOSITION BRIEF re: #395 Brief,, PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE TESTIMONY OF BERNICE TAO. Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC. (Attachments: #1 Affidavit Declaration of Dan Chiorean, #2 Exhibit 1, #3 Exhibit 2)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
February 1, 2022 Opinion or Order Filing 422 ***SELECTED PARTIES*** OPPOSITION BRIEF re: #396 Brief,, PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE TESTIMONY OF ARTHUR SCHWARTZBARD. Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. (Attachments: #1 Affidavit Declaration of Eric Bloom, #2 Exhibit Exhibit 1)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
February 1, 2022 Opinion or Order Filing 421 ***SELECTED PARTIES*** OPPOSITION BRIEF re: #401 Brief,, PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO EXCLUDE TESTIMONY OF LUIS MOLINA AND DONALD ALLEN. Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc..Motion or Order to File Under Seal: #95 .(Litvin, Dan)
January 21, 2022 Opinion or Order Filing 420 NOTICE OF APPEARANCE by Deborah A. Elman on behalf of Drogueria Betances, LLC..(Elman, Deborah)
January 19, 2022 Opinion or Order Filing 419 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting (390) Motion to Withdraw as Attorney. This Court, having considered End-Payor Plaintiff Law Enforcement Health Benefits Inc.'s Motion to Withdraw as Counsel, and good cause appearing, HEREBY ORDERS: 1. Law Enforcement Health Benefits Inc.s Motion to Withdraw as Counsel is GRANTED. 2. Attorney Deborah A. Elman, Esq., is hereby withdrawn as Law Enforcement Health Benefits Inc.'s counsel of record in the above-mentioned caption case. Law Enforcement Health Benefits Inc. and the End-Payor class shall continue to be represented in this matter by the attorneys of the law firm Grant & Eisenhofer P.A. 3. The Clerk of the Court is directed to remove Deborah A. Elman from the service list in this matter, and shall no longer send her any notices of filing in this matter. IT IS SO ORDERED. (Attorney Deborah A. Elman terminated in case 1:18-cv-04361-AKH.) (Signed by Judge Alvin K. Hellerstein on 1/19/22) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
January 19, 2022 Opinion or Order Filing 418 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting (390) Motion to Withdraw as Attorney. This Court, having considered End-Payor Plaintiff Law Enforcement Health Benefits Inc.'s Motion to Withdraw as Counsel, and good cause appearing, HEREBY ORDERS: 1. Law Enforcement Health Benefits Inc.s Motion to Withdraw as Counsel is GRANTED. 2. Attorney Deborah A. Elman, Esq., is hereby withdrawn as Law Enforcement Health Benefits Inc.'s counsel of record in the above-mentioned caption case. Law Enforcement Health Benefits Inc. and the End-Payor class shall continue to be represented in this matter by the attorneys of the law firm Grant & Eisenhofer P.A. 3. The Clerk of the Court is directed to remove Deborah A. Elman from the service list in this matter, and shall no longer send her any notices of filing in this matter. IT IS SO ORDERED. (Attorney Deborah A. Elman terminated in case 1:18-cv-04361-AKH.) (Signed by Judge Alvin K. Hellerstein on 1/19/22) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
January 19, 2022 Opinion or Order Filing 416 MEMO ENDORSEMENT granting (388) Motion to Withdraw as Attorney. ENDORSEMENT: The motion is granted. So Ordered. Attorney Julie A North terminated in case 1:18-cv-04361-AKH. (Signed by Judge Alvin K. Hellerstein on 1/19/2022) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (tg)
January 19, 2022 Opinion or Order Filing 415 MEMO ENDORSEMENT on re: #414 Letter filed by Par Pharmaceutical, Inc. ENDORSEMENT: The request is granted. The proposed language shall be added to Section 19 of the Stipulated Protective Order. The Clerk shall terminate ECF Nos. 389 & 414. So ordered. (Signed by Judge Alvin K. Hellerstein on 1/19/2022) (jca)
January 19, 2022 Opinion or Order ***DELETED DOCUMENT. Deleted document number 417 Memo Endorsement. The document was incorrectly filed in this case. (tg) Modified on 1/24/2022 (tg).
January 18, 2022 Opinion or Order Filing 414 JOINT LETTER addressed to Judge Alvin K. Hellerstein from R. Chet Otis dated January 18, 2022 re: Amendment to the Protective Order (ECF No. 95). Document filed by Par Pharmaceutical, Inc...(Otis V, Ralph)
January 11, 2022 Opinion or Order Filing 413 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #407 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Infringement of the '197 Patent . . Document filed by Drogueria Betances, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #95 .(Litvin, Dan)
January 11, 2022 Opinion or Order Filing 412 MEMORANDUM OF LAW in Support re: #406 MOTION Plaintiffs' Motion to Exclude the Opinions of Defendants' Patent Litigation Expert Mr. Phillip Johnson on What "Reasonable Companies" Would Have Believed About the Strength of Novartis's Patents . . Document filed by Drogueria Betances, LLC..(Litvin, Dan)
January 11, 2022 Opinion or Order Filing 411 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #404 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Interpretation, Infringement, and Validity of the '728 Patent . . Document filed by Drogueria Betances, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #95 .(Litvin, Dan)
January 11, 2022 Opinion or Order Filing 410 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #403 MOTION Exclude Certain Opinions of Defendants' Experts Mark Robbins, Laurence Baker and Phillip Johnson Purporting to Interpret Defendants Agreement . . Document filed by Drogueria Betances, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #95 .(Litvin, Dan)
January 11, 2022 Opinion or Order Filing 409 ***SELECTED PARTIES***DECLARATION of Dan Litvin in Support re: #407 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Infringement of the '197 Patent ., #403 MOTION Exclude Certain Opinions of Defendants' Experts Mark Robbins, Laurence Baker and Phillip Johnson Purporting to Interpret Defendants Agreement ., #404 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Interpretation, Infringement, and Validity of the '728 Patent ., #406 MOTION Plaintiffs' Motion to Exclude the Opinions of Defendants' Patent Litigation Expert Mr. Phillip Johnson on What "Reasonable Companies" Would Have Believed About the Strength of Novartis's Patents .. Document filed by Drogueria Betances, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79, #80 Exhibit 80, #81 Exhibit 81, #82 Exhibit 82, #83 Exhibit 83, #84 Exhibit 84, #85 Exhibit 85, #86 Exhibit 86, #87 Exhibit 87, #88 Exhibit 88, #89 Exhibit 89, #90 Exhibit 90, #91 Exhibit 91, #92 Exhibit 92, #93 Exhibit 93, #94 Exhibit 94, #95 Exhibit 95, #96 Exhibit 96, #97 Exhibit 97, #98 Exhibit 98, #99 Exhibit 99, #100 Exhibit 100, #101 Exhibit 101, #102 Exhibit 102, #103 Exhibit 103, #104 Exhibit 104)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
January 11, 2022 Opinion or Order Filing 408 NOTICE of Defendants' Exhibits F-H to the Declaration of Rachel G. Skaistis in Support of Defendants' Motion to Exclude Testimony of Glen Belvis and Dr. Stephen Byrn re: #405 Brief,,. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit G, #2 Exhibit H).(Skaistis, Rachel)
January 11, 2022 Opinion or Order Filing 407 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Infringement of the '197 Patent . Document filed by Drogueria Betances, LLC. (Attachments: #1 Text of Proposed Order).(Litvin, Dan)
January 11, 2022 Opinion or Order Filing 406 MOTION Plaintiffs' Motion to Exclude the Opinions of Defendants' Patent Litigation Expert Mr. Phillip Johnson on What "Reasonable Companies" Would Have Believed About the Strength of Novartis's Patents . Document filed by Drogueria Betances, LLC. (Attachments: #1 Text of Proposed Order).(Litvin, Dan)
January 11, 2022 Opinion or Order Filing 405 ***SELECTED PARTIES*** BRIEF re: #392 Notice (Other) Memorandum of Law in Support of Defendants' Motion to Exclude, In Part, Testimony of Glen Belvis and Dr. Stephen Byrn. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Declaration of Rachel G. Skaistis, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E)Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
January 11, 2022 Opinion or Order Filing 404 MOTION Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Interpretation, Infringement, and Validity of the '728 Patent . Document filed by Drogueria Betances, LLC. (Attachments: #1 Text of Proposed Order).(Litvin, Dan)
January 11, 2022 Opinion or Order Filing 403 MOTION Exclude Certain Opinions of Defendants' Experts Mark Robbins, Laurence Baker and Phillip Johnson Purporting to Interpret Defendants Agreement . Document filed by Drogueria Betances, LLC. (Attachments: #1 Text of Proposed Order).(Litvin, Dan)
January 11, 2022 Opinion or Order Filing 402 ***SELECTED PARTIES*** BRIEF re: #392 Notice (Other) Memorandum of Law in Support of Defendants' Motion to Exclude Testimony of Dr. Rena Conti. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Declaration of Rachel G. Skaistis, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
January 11, 2022 Opinion or Order Filing 401 ***SELECTED PARTIES*** BRIEF re: #392 Notice (Other) Memorandum of Law in Support of Defendants' Motion to Exclude Testimony of Luis Molina and Donald Allen. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Declaration of Rachel G. Skaistis, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)Motion or Order to File Under Seal: #95 .(Skaistis, Rachel)
January 11, 2022 Opinion or Order Filing 400 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Plaintiffs' Motion to Exclude the Opinions of Defendants' Patent Litigation Expert Mr. Phillip Johnson on What "Reasonable Companies" Would Have Believed About the Strength of Novartis's Patents. Document filed by Drogueria Betances, LLC. (Attachments: #1 Text of Proposed Order).(Litvin, Dan) Modified on 1/12/2022 (lb).
January 11, 2022 Opinion or Order Filing 399 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Interpretation, Infringement, and Validity of the '728 Patent. Document filed by Drogueria Betances, LLC. (Attachments: #1 Text of Proposed Order).(Litvin, Dan) Modified on 1/12/2022 (lb).
January 11, 2022 Opinion or Order Filing 398 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Concerning the Infringement of the '197 Patent. Document filed by Drogueria Betances, LLC. (Attachments: #1 Text of Proposed Order).(Litvin, Dan) Modified on 1/12/2022 (lb).
January 11, 2022 Opinion or Order Filing 397 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Plaintiffs' Motion to Exclude Certain Opinions of Defendants' Experts Mark Robbins, Laurence Baker and Phillip Johnson Purporting to Interpret Defendants' Agreement. Document filed by Drogueria Betances, LLC. (Attachments: #1 Text of Proposed Order).(Litvin, Dan) Modified on 1/12/2022 (lb).
January 11, 2022 Opinion or Order Filing 396 ***SELECTED PARTIES*** BRIEF re: #392 Notice (Other) Memorandum of Law in Support of Defendants' Motion to Exclude Testimony of Arthur Schwartzbard. Document filed by Par Pharmaceutical, Inc., CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., Turlock Irrigation District, UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Declaration of Benjamin M. Greenblum, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)Motion or Order to File Under Seal: #95 .(Otis V, Ralph)
January 11, 2022 Opinion or Order Filing 395 ***SELECTED PARTIES*** BRIEF re: #392 Notice (Other) Memorandum of Law in Support of Defendants' Motion to Exclude Testimony of Bernice Tao. Document filed by Par Pharmaceutical, Inc., CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., Turlock Irrigation District, UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Declaration of Benjamin M. Greenblum, #2 Exhibit 1, #3 Exhibit 2)Motion or Order to File Under Seal: #95 .(Otis V, Ralph)
January 11, 2022 Opinion or Order Filing 394 ***SELECTED PARTIES*** BRIEF re: #392 Notice (Other) Memorandum of Law in Support of Defendants' Motion to Exclude Testimony of Einer Elhauge and Keith Leffler. Document filed by Par Pharmaceutical, Inc., CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., Turlock Irrigation District, UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Declaration of Benjamin M. Greenblum, #2 Exhibit 1, #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)Motion or Order to File Under Seal: #95 .(Otis V, Ralph)
January 11, 2022 Opinion or Order Filing 393 ***SELECTED PARTIES*** BRIEF re: #392 Notice (Other) Memorandum of Law in Support of Defendants' Motion to Exclude Testimony of John R. Thomas. Document filed by Par Pharmaceutical, Inc., CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., Turlock Irrigation District, UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Declaration of Benjamin M. Greenblum, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4)Motion or Order to File Under Seal: #95 .(Otis V, Ralph)
January 11, 2022 Opinion or Order Filing 392 NOTICE of Motion to Exclude Testimony from Plaintiffs' Experts. Document filed by Par Pharmaceutical, Inc...(Otis V, Ralph)
January 11, 2022 Opinion or Order Filing 391 NOTICE OF APPEARANCE by Rachel G Skaistis on behalf of Novartis AG, Novartis Pharmaceuticals Corporation..(Skaistis, Rachel)
January 10, 2022 Opinion or Order Filing 390 MOTION for Deborah A. Elman to Withdraw as Attorney . Document filed by Law Enforcement Health Benefits Inc.. (Attachments: #1 Text of Proposed Order).(Eisler, Robert)
January 7, 2022 Opinion or Order Filing 389 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Jeffrey A. Ritholtz dated January 7, 2022 re: Amendment to the Protective Order (ECF No. 95). Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Ritholtz, Jeffrey)
January 4, 2022 Opinion or Order Filing 388 MOTION for Julie A. North to Withdraw as Attorney . Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(Chesler, Evan)
January 4, 2022 Opinion or Order Filing 387 ORDER FOR ADMISSION PRO HAC VICE granting #386 Motion for Thomas J. Maas to Appear Pro Hac Vice. The motion of Thomas J. Maas for admission to practice pro hac vice in the above captioned case is granted. 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 Alvin K. Hellerstein on 1/4/22) (yv)
January 3, 2022 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #386 AMENDED MOTION for Thomas Jon Maas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25520320. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
December 29, 2021 Opinion or Order Filing 386 AMENDED MOTION for Thomas Jon Maas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25520320. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Drogueria Betances, LLC. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Maas, Thomas)
December 17, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #385 MOTION for Thomas Jon Maas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25475811. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a 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)
December 16, 2021 Opinion or Order Filing 385 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Thomas Jon Maas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25475811. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Drogueria Betances, LLC. (Attachments: #1 Affidavit, #2 Exhibit Letter of Good Standing, #3 Text of Proposed Order).(Maas, Thomas) Modified on 12/17/2021 (wb).
December 14, 2021 Opinion or Order Filing 384 LETTER addressed to Judge Alvin K. Hellerstein from Dan Litvin dated December 14, 2021 re: Response to Defendants' December 13, 2021 letter (ECF No. 383). Document filed by Drogueria Betances, LLC..(Litvin, Dan)
December 13, 2021 Opinion or Order Filing 383 LETTER addressed to Judge Alvin K. Hellerstein from Julie A. North dated December 13, 2021 re: Response to Plaintiffs' Notice of Supplemental Authority (ECF No. 382). Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(North, Julie)
December 9, 2021 Opinion or Order Filing 382 LETTER addressed to Judge Alvin K. Hellerstein from Dan Litvin on behalf of all Plaintiffs dated December 9, 2021 re: Notice of Supplemental Authority Concerning Plaintiffs' Motion for an Order Finding an At-Issue Waiver of Privilege and Work Product (ECF No. 357). Document filed by Drogueria Betances, LLC..(Litvin, Dan)
October 28, 2021 Opinion or Order Filing 381 ORDER ADMITTING COUNSEL PRO HAC VICE granting (380) Motion for Adam Pan to Appear Pro Hac Vice in case 1:18-cv-04361-AKH. (Signed by Judge Alvin K. Hellerstein on 10/28/2021) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (tg)
October 28, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #380 MOTION for Adam Pan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25252859. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
October 27, 2021 Opinion or Order Filing 380 MOTION for Adam Pan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25252859. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Par Pharmaceutical, Inc.. (Attachments: #1 Affidavit Declaration in Support of Motion to Appear Pro Hac Vice, #2 Exhibit Certificate of the Clerk of the Supreme Court of California, #3 Exhibit Certificate of the Clerk of the DC Court of Appeals, #4 Text of Proposed Order Proposed Order Admitting Counsel Pro Hac Vice).(Pan, Adam)
October 12, 2021 Opinion or Order Filing 379 MEMO ENDORSEMENT on re: (378 in 1:18-cv-04361-AKH) Letter filed by Drogueria Betances, LLC. ENDORSEMENT: I approve the revised schedule. So ordered. ( Depositions due by 12/31/2021., Motions due by 10/28/2022., Responses due by 11/11/2022, Replies due by 7/14/2022., Ready for Trial by 1/9/2023., Final Pretrial Conference set for 12/8/2022 at 02:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/12/2021) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (vfr)
October 8, 2021 Opinion or Order Filing 378 LETTER addressed to Judge Alvin K. Hellerstein from Dan Litvin dated October 8, 2021 re: Joint Proposed Schedule. Document filed by Drogueria Betances, LLC..(Litvin, Dan)
September 22, 2021 Opinion or Order Filing 377 NOTICE of Withdrawal of Appearance for Jay L. Himes and Ethan H. Kaminsky. Document filed by UFCW Local 1500 Welfare Fund. Filed In Associated Cases: 1:18-cv-04361-AKH et al..(Van Der Meulen, Robin)
September 17, 2021 Opinion or Order Filing 376 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/4/2021 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....(Moya, Goretti)
September 17, 2021 Opinion or Order Filing 375 TRANSCRIPT of Proceedings re: conference held on 8/4/2021 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Carol Ganley, (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 10/8/2021. Redacted Transcript Deadline set for 10/18/2021. Release of Transcript Restriction set for 12/16/2021..(Moya, Goretti)
September 14, 2021 Opinion or Order Filing 374 ***SELECTED PARTIES***REPLY AFFIDAVIT of Dan Litvin in Support re: #357 MOTION FOR AN ORDER FINDING AN AT-ISSUE WAIVER OF PRIVILEGE AND WORK PRODUCT .. Document filed by H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rochester Drug Co-Operative, Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rochester Drug Co-Operative, Inc.. (Attachments: #1 Ex. 21, #2 Ex. 22, #3 Ex. 23, #4 Ex. 24)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
September 14, 2021 Opinion or Order Filing 373 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #357 MOTION FOR AN ORDER FINDING AN AT-ISSUE WAIVER OF PRIVILEGE AND WORK PRODUCT . . Document filed by H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Law Enforcement Health Benefits Inc., Rochester Drug Co-Operative, Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rochester Drug Co-Operative, Inc.. Motion or Order to File Under Seal: #95 .(Litvin, Dan)
September 10, 2021 Opinion or Order Filing 372 DECLARATION of Julie A. North in Opposition re: #357 MOTION FOR AN ORDER FINDING AN AT-ISSUE WAIVER OF PRIVILEGE AND WORK PRODUCT .. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(North, Julie)
September 10, 2021 Opinion or Order Filing 371 MEMORANDUM OF LAW in Opposition re: #357 MOTION FOR AN ORDER FINDING AN AT-ISSUE WAIVER OF PRIVILEGE AND WORK PRODUCT . . Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(North, Julie)
September 10, 2021 Opinion or Order Filing 370 DECLARATION of Benjamin M. Greenblum in Opposition re: #357 MOTION FOR AN ORDER FINDING AN AT-ISSUE WAIVER OF PRIVILEGE AND WORK PRODUCT .. Document filed by Par Pharmaceutical, 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 (Filed Under Seal), #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21).(Otis V, Ralph)
September 10, 2021 Opinion or Order Filing 369 ***SELECTED PARTIES***DECLARATION of Benjamin M. Greenblum in Opposition re: #357 MOTION FOR AN ORDER FINDING AN AT-ISSUE WAIVER OF PRIVILEGE AND WORK PRODUCT .. Document filed by Par Pharmaceutical, Inc., CVS Pharmacy, Inc., Caremark PHC, LLC, Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Lupin Ltd., Lupin Pharmaceuticals, Inc., Mylan Pharmaceuticals, Inc., Novartis AG, Novartis Pharmaceuticals Corporation, OptumRX, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., Turlock Irrigation District, UFCW Local 1500 Welfare Fund, Walgreen CO. (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)Motion or Order to File Under Seal: #95 .(Otis V, Ralph)
September 10, 2021 Opinion or Order Filing 368 MEMORANDUM OF LAW in Opposition re: #357 MOTION FOR AN ORDER FINDING AN AT-ISSUE WAIVER OF PRIVILEGE AND WORK PRODUCT . . Document filed by Par Pharmaceutical, Inc...(Otis V, Ralph)
September 9, 2021 Opinion or Order Filing 367 ORDER REGULATING MOTIONS BEFORE TRIAL: I respond to the parties' suggestions in their joint letter of September 3, 2021. I rule as follows: Plaintiff's suggestion of Daubert motions only with respect to class certification motions will create additional work and engage the court in resolving unnecessary disputes regarding the substance and consequences of experts' testimony and declarations. The suggestions of both parties favoring simultaneous Daubert and Class and Summary Judgment motions also are denied. I favor the following sequence following the close of expert depositions on December 31, 2021: a. Submission of any and all Daubert motions as to all expert's declarations and testimony. I would like these motions to be decided by the end of February. The parties shall propose filing dates consistent with that schedule. b. Plaintiffs to file motions for certification of classes. I would like to have these decided by the end of April, plus another week for regulating the terms of the proposed notices. c. Summary Judgment motions to be filed with three briefing dates: filing, oppositions and replies. I would like to decide these by the end of July 2022. d. Trial to begin November 7, 2022 with five weeks allotted. Final Pre-Trial Conference to take place October 27, 2022 at 2:00 pm. Motions in limine will be decided at or before the conference, with briefing to contemplate submissions of all briefs one week before the conference. If this schedule is practical, the parties shall submit consistent details for an order. SO ORDERED., ( Deposition due by 12/31/2021., Ready for Trial by 11/7/2022., Final Pretrial Conference set for 10/27/2022 at 02:00 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 9/09/2021) (ama)
September 3, 2021 Opinion or Order Filing 366 LETTER addressed to Judge Alvin K. Hellerstein from Dan Litvin dated September 3, 2021 re: The Parties' Respective Proposals for Scheduling the Rest of This Matter. Document filed by Drogueria Betances, LLC..(Litvin, Dan)
September 1, 2021 Opinion or Order Filing 365 ORDER granting #362 Letter Motion to Seal. So ordered. (Signed by Judge Alvin K. Hellerstein on 9/1/21) (yv)
August 25, 2021 Opinion or Order Filing 364 ***SELECTED PARTIES***NOTICE of Exhibit 9 (Sealed) re: #362 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Julie A. North dated August 25, 2021.. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit 15)Motion or Order to File Under Seal: #362 .(North, Julie)
August 25, 2021 Opinion or Order Filing 363 NOTICE of (Proposed Redactions) Exhibit 9 re: #362 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Julie A. North dated August 25, 2021.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit 15).(North, Julie)
August 25, 2021 Opinion or Order Filing 362 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Julie A. North dated August 25, 2021. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(North, Julie)
August 23, 2021 Opinion or Order Filing 361 ORDER granting #360 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Alvin K. Hellerstein on 8/23/2021) (rro)
August 23, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 9/10/2021 Replies due by 9/20/2021. (rro)
August 20, 2021 Opinion or Order Filing 360 LETTER MOTION for Extension of Time addressed to Judge Alvin K. Hellerstein from Julie A. North dated August 20, 2021. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(North, Julie)
August 18, 2021 Opinion or Order Filing 359 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #357 MOTION FOR AN ORDER FINDING AN AT-ISSUE WAIVER OF PRIVILEGE AND WORK PRODUCT . . Document filed by Drogueria Betances, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #95 .(Litvin, Dan)
August 18, 2021 Opinion or Order Filing 358 ***SELECTED PARTIES***DECLARATION of Dan Litvin in Support re: #357 MOTION FOR AN ORDER FINDING AN AT-ISSUE WAIVER OF PRIVILEGE AND WORK PRODUCT .. Document filed by Drogueria Betances, LLC, CVS Pharmacy, Inc., H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (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)Motion or Order to File Under Seal: #95 .(Litvin, Dan)
August 18, 2021 Opinion or Order Filing 357 MOTION FOR AN ORDER FINDING AN AT-ISSUE WAIVER OF PRIVILEGE AND WORK PRODUCT . Document filed by Drogueria Betances, LLC..(Litvin, Dan)
August 4, 2021 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 8/4/2021. (Court Reporter Carol Ganley) (Jones, Brigitte)
July 30, 2021 Opinion or Order Filing 356 STATUS REPORT. Joint Proposed Agenda for August 4, 2021 Status Conference Document filed by Drogueria Betances, LLC..(Litvin, Dan)
July 29, 2021 Opinion or Order Filing 355 AMENDED SCHEDULING ORDER: Notwithstanding the Court's prior scheduling order (ECF No. 354), counsel that are expected to appear on the record during the status conference scheduled for August 4, 2021, at 2:30 p.m., shall appear in person in Courtroom 14D, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York 10007. No later than August 2, 2021, at 12:00 p.m., the parties shall jointly submit to the Court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. Any interested party that wishes to attend the status conference but is not a counsel of record shall attend the conference telephonically via the following call-in number: Call-in number: +1 (917) 933-2166 Access code: 464282367 In light of the COVID-19 pandemic and the Court's Covid-19 protocol, only counsel of record may attend the conference in person. Anyone that is not a counsel of record may not attend the status conference in person. Finally, to ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in to mute their telephones and call in at least 10 minutes prior to the start of the call. (Signed by Judge Alvin K. Hellerstein on 7/29/2021) (ate)
July 29, 2021 Opinion or Order Filing 354 SCHEDULING ORDER: The parties are hereby ordered to appear for oral argument on August 4, 2021 at 2:30 p.m., which will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in (other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the sentencing. Finally, no later than August 2, 2021, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Telephone Conference set for 8/4/2021 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 7/29/21) (yv)
July 22, 2021 Opinion or Order Filing 353 NOTICE of of Plaintiffs' Summary of Potential Daubert Objections. Document filed by CVS Pharmacy, Inc., Drogueria Betances, LLC, FWK HOLDINGS, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO..(Elman, Deborah)
July 22, 2021 Opinion or Order Filing 352 ***SELECTED PARTIES***NOTICE of Defendants' Summary of Anticipated Daubert Motions. Document filed by Par Pharmaceutical, Inc., Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #95 .(North, Julie)
July 15, 2021 Opinion or Order Filing 351 ***SELECTED PARTIES***NOTICE of Defendant's Summary of Anticipated Expert Opinions. Document filed by Par Pharmaceutical, Inc., Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (Attachments: #1 Exhibit A)Motion or Order to File Under Seal: #95 .(North, Julie)
July 15, 2021 Opinion or Order Filing 350 NOTICE of PLAINTIFFS SUMMARY OF THEIR EXPERTS OPINIONS. Document filed by CVS Pharmacy, Inc., Drogueria Betances, LLC, FWK HOLDINGS, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO..(Litvin, Dan)
July 10, 2021 Opinion or Order Filing 349 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/29/21 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: 1:18-cv-04361-AKH et al..(McGuirk, Kelly)
July 10, 2021 Opinion or Order Filing 348 TRANSCRIPT of Proceedings re: CONFERENCE held on 6/29/2021 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Steven Greenblum, (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 8/2/2021. Redacted Transcript Deadline set for 8/10/2021. Release of Transcript Restriction set for 10/8/2021.Filed In Associated Cases: 1:18-cv-04361-AKH et al..(McGuirk, Kelly)
July 6, 2021 Opinion or Order Filing 347 MEMO ENDORSEMENT re: #346 Letter filed by Drogueria Betances, LLC. ENDORSEMENT: The conference will be telephonic unless otherwise notified. (Signed by Judge Alvin K. Hellerstein on 7/6/2021) (nb)
July 2, 2021 Opinion or Order Filing 346 LETTER addressed to Judge Alvin K. Hellerstein from Dan Litvin dated July 2, 2021 re: Whether the August 4, 2021 Status Conference is expected to be in person or telephonic. Document filed by Drogueria Betances, LLC..(Litvin, Dan)
July 1, 2021 Opinion or Order Filing 345 ORDER FOR ADMISSION PRO HAC VICE granting (343) Motion for Kyle Stephen Ruvolo to Appear Pro Hac Vice in case 1:18-cv-04361-AKH. 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 Alvin K. Hellerstein on 7/1/2021) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (kv)
June 30, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #343 MOTION for Kyle S. Ruvolo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
June 29, 2021 Opinion or Order Filing 344 ORDER REGULATING PROCEEDINGS: The Court held a status conference with the parties on June 29, 2021. As stated at the conference, the case shall proceed as follows: 1. By July 15, 2021, the parties shall submit, simultaneously, summaries of the experts reports they respectively wish to present at trial. a. Each summary shall not exceed 10 pages, double-spaced, in 12-point Times New Roman, with one-inch margins. 2. By July 22, 2021, the parties shall submit, simultaneously, summaries of Daubert objections to the other's experts (but not to specific opinions of said experts). a. Each summary shall not exceed 10 pages, double-spaced, in 12-point Times New Roman, with one-inch margin. 3. On August 4, 2021, at 2:30 p.m., the parties shall appear for a status conference to regulate the number of experts, Daubert motions, and schedules for expert depositions. The timing of motions to certify classes also shall be discussed. 4. The parties shall submit a joint agenda by July 30, 2021, identifying any other subject they wish to discuss. SO ORDERED. Status Conference set for 8/4/2021 at 02:30 PM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 6/29/2021) (kv)
June 29, 2021 Opinion or Order Filing 343 MOTION for Kyle S. Ruvolo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Drogueria Betances, LLC. (Attachments: #1 Affidavit Affidavit of Kyle Ruvolo, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Ruvolo, Kyle)
June 29, 2021 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 6/29/2021, ( Status Conference set for 8/4/2021 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Court Reporter Steve Greenblum) (Jones, Brigitte)
June 28, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #342 MOTION for Kyle S. Ruvolo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24719926. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Affidavit Not Notarized;. Re-file the motion as a 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. (vba)
June 25, 2021 Opinion or Order Filing 342 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Kyle S. Ruvolo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24719926. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Drogueria Betances, LLC. (Attachments: #1 Affidavit of Kyle S. Ruvolo, #2 Text of Proposed Order, #3 Certificate of Good Standing).(Ruvolo, Kyle) Modified on 6/28/2021 (vba).
June 21, 2021 Opinion or Order Filing 341 STATUS REPORT. Joint Proposed Agenda for June 29, 2021 Status Conference. Document filed by Drogueria Betances, LLC..(Litvin, Dan)
May 21, 2021 Opinion or Order Filing 340 SCHEDULING ORDER: The status conference scheduled for June 25, 2021, is hereby adjourned to June 29, 2021, at 2:30 p.m., which conference will be held via the following call-in number: Call-in number: 888-363-4749. Access code: 7518680. To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in (other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the conference. Finally, no later than June 21, 2021, at 12:00 p.m., the parties shall jointly submitto the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of allcounsel expected to appear on the record, along with their contact information. (Telephone Conference set for 6/29/2021 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/21/2021) (rro)
April 5, 2021 Opinion or Order Filing 339 ORDER granting #338 LETTER MOTION for Extension of Time to submit Defendants' expert reports. Extension of time to serve is granted. The parties shall appear for a status conference on June 25, 2021, at 10:00 a.m., and file an agenda for the status conference by June 21, 2021. So ordered. (Signed by Judge Alvin K. Hellerstein on 4/5/2021) (jca)
April 5, 2021 Opinion or Order Set/Reset Hearings: Status Conference set for 6/25/2021 at 10:00 AM before Judge Alvin K. Hellerstein. (jca)
April 2, 2021 Opinion or Order Filing 338 LETTER MOTION for Extension of Time to submit Defendants' expert reports addressed to Judge Alvin K. Hellerstein from Julie A. North dated April 2, 2021. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(North, Julie)
January 27, 2021 Opinion or Order Filing 337 ORDER REGULATING PROCEEDINGS: I have received the parties' joint letter of January 26, 2021. See ECF No. 336. My rulings as to the disputed issues are as follow: 1. I expect that all remaining issues relating to data will be resolved by February 19, 2021. 2. There will be no interrogatories or requests for admission prior to the exchanges of expert reports. It is highly likely that contention interrogatories, rather than enlighten, will become causes for disputes, delays, and unnecessary expenses. The parties should have elicited from the discovery already had the information they need to know to prepare for trial and their experts need to know in order to prepare their reports, and as further set forth in this order. 3. A round of expert reports, one for each side, is sufficient to give each side sufficient notice of the other side's experts. The reports are not themselves evidentiary. 4. Plaintiffs' expert reports will be due by March 30, 2021, and Defendants' expert reports will be due by May 7, 2021. The parties are hereby ordered to appear for a status conference on May 25, 2021, at 2:30 p.m. 5. The parties shall jointly submit an agenda on May 20, 2021. The agenda may include suggestions for setting expert depositions, settlement possibilities, class certification, and any other topic any party wishes to raise. (Status Conference set for 5/25/2021 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 1/27/2021) (jwh) Modified on 2/9/2021 (jwh).
January 26, 2021 Opinion or Order Filing 336 LETTER addressed to Judge Alvin K. Hellerstein from Dan Litvin dated January 26, 2021 re: Joint Report Pursuant to January 15, 2021 Order. Document filed by Drogueria Betances, LLC..(Litvin, Dan)
January 25, 2021 Opinion or Order Filing 335 ***SELECTED PARTIES***DECLARATION of Jeffrey A. Ritholtz in Support re: #314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena").. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, OptumRX, Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., Walgreen CO. (Attachments: #1 Exhibit K)Motion or Order to File Under Seal: #95 .(Ritholtz, Jeffrey)
January 25, 2021 Opinion or Order Filing 334 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena"). . Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, OptumRX, Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., Walgreen CO. Motion or Order to File Under Seal: #95 .(North, Julie)
January 22, 2021 Opinion or Order Filing 333 LETTER addressed to Judge Alvin K. Hellerstein from Dan Litvin dated January 22, 2021 re: the Court's January 15, 2021 Order. Document filed by Drogueria Betances, LLC..(Litvin, Dan)
January 21, 2021 Opinion or Order Filing 332 ***SELECTED PARTIES***DECLARATION of Kent D. Rogers in Opposition re: #314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena").. Document filed by OptumRX, Inc., CVS Pharmacy, Inc., Caremark PHC, LLC, Drogueria Betances, LLC, H-E-B LP, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., Walgreen CO. Motion or Order to File Under Seal: #330 .(Montcalm, Jonathan)
January 21, 2021 Opinion or Order Filing 331 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena"). . Document filed by OptumRX, Inc., CVS Pharmacy, Inc., Caremark PHC, LLC, Drogueria Betances, LLC, H-E-B LP, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., Walgreen CO. Motion or Order to File Under Seal: #330 .(Montcalm, Jonathan)
January 21, 2021 Opinion or Order Filing 330 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Jonathan Montcalm dated January 21, 2021. Document filed by OptumRX, Inc...(Montcalm, Jonathan)
January 21, 2021 Opinion or Order Filing 329 DECLARATION of Kent D. Rogers in Opposition re: #314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena").. Document filed by OptumRX, Inc...(Montcalm, Jonathan)
January 21, 2021 Opinion or Order Filing 328 DECLARATION of Sandy Gilliam in Opposition re: #314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena").. Document filed by OptumRX, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Montcalm, Jonathan)
January 21, 2021 Opinion or Order Filing 327 MEMORANDUM OF LAW in Opposition re: #314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena"). . Document filed by OptumRX, Inc...(Montcalm, Jonathan)
January 19, 2021 Opinion or Order Filing 326 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/14/21 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: 1:18-cv-04361-AKH et al..(McGuirk, Kelly)
January 19, 2021 Opinion or Order Filing 325 TRANSCRIPT of Proceedings re: CONFERENCE held on 1/14/2021 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Kelly Surina, (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 2/9/2021. Redacted Transcript Deadline set for 2/19/2021. Release of Transcript Restriction set for 4/19/2021.Filed In Associated Cases: 1:18-cv-04361-AKH et al..(McGuirk, Kelly)
January 15, 2021 Opinion or Order Filing 324 ORDER REGULATING PROCEEDINGS. Defendants will advise Plaintiffs by January 21, 2021, if they are able to make the appropriate good-faith representation. If Defendants are unable to do so, Plaintiffs may take the three depositions. Plaintiffs ask for another set of witnesses to explain data that has been produced and to assure that full production has been made. Defendants, by the same date, will represent that full production has been made, and develop a plan, with Plaintiffs, for meetings of experts to assure full understanding of the data. If depositions are necessary, leave of the court is required. Plaintiffs and Defendants shall represent to each other, on that same date, which witnesses if any, not yet deposed, whom they believe will be trial witnesses. Depositions shall be limited to those witnesses, and a schedule of depositions shall be prepared to submit to the Court for approval. If, because of future proceedings, a party desires to call an undeposed witness at trial, the other may apply to take depositions of such witnesses. In addition to the purposes described above, the parties also shall set dates for exchanges of experts reports and, if desired, depositions of experts. Plaintiffs shall record all decisions made and, with the consent (or objections of Defendants described on the same document), submit the same to me for approval, on January 22, 2021, or as soon thereafter as possible. The parties also shall discuss at which point settlement discussions might be appropriate, as agreed by all parties, and report to me the consensus of the parties. Finally, the parties shall recommend a date for the next status conference, to plan future proceedings and a trial date. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/15/21) (yv)
January 14, 2021 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 1/14/2021. (Jones, Brigitte)
January 13, 2021 Opinion or Order Filing 323 ORDER granting #321 Letter Motion for Extension of Time to Complete Discovery. Motion granted. So ordered. ( Deposition due by 1/22/2021.) (Signed by Judge Alvin K. Hellerstein on 1/13/21) (yv)
January 11, 2021 Opinion or Order Filing 322 SCHEDULING ORDER: The parties are hereby ordered to appear for a status conference on Thursday, January 14, 2021, at 2:30 p.m. (see ECF No. 284), which conference will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in (other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the conference. The status conference scheduled for January 27, 2021 (see ECF No. 309), is hereby adjourned until further notice. Finally, no later than January 13, 2021, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Telephone Conference set for 1/14/2021 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 1/11/21) (yv)
January 8, 2021 Opinion or Order Filing 321 LETTER MOTION for Extension of Time to Complete Discovery (to take a deposition after the close of fact depositions) addressed to Judge Alvin K. Hellerstein from Julie A. North dated January 8, 2021. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(North, Julie)
January 8, 2021 Opinion or Order Filing 320 LETTER addressed to Judge Alvin K. Hellerstein from Dan Litvin dated January 8, 2021 re: Deposition of Sandoz, Inc.. Document filed by Drogueria Betances, LLC..(Litvin, Dan)
January 4, 2021 Opinion or Order Filing 319 ORDER granting #318 Letter Motion for Extension of Time to File Response/Reply re #314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena"). So ordered., ( Responses due by 1/21/2021.) (Signed by Judge Alvin K. Hellerstein on 1/4/21) (yv)
December 30, 2020 Opinion or Order Filing 318 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena"). addressed to Judge Alvin K. Hellerstein from Jonathan Montcalm dated December 30, 2020. Document filed by OptumRX, Inc...(Montcalm, Jonathan)
December 28, 2020 Opinion or Order Filing 317 NOTICE of Withdrawal of Appearance of Christopher Stow-Serge. Document filed by Drogueria Betances, LLC. Filed In Associated Cases: 1:18-cv-04361-AKH et al..(Kelly, Andrew)
December 23, 2020 Opinion or Order Filing 316 DECLARATION of Julie A. North in Support re: #314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena").. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (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).(North, Julie)
December 23, 2020 Opinion or Order Filing 315 MEMORANDUM OF LAW in Support re: #314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena"). . Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(North, Julie)
December 23, 2020 Opinion or Order Filing 314 MOTION to Compel ("Notice of Motion to Compel OptumRx, Inc.'s Production of Data Responsive to Subpoena"). Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(North, Julie)
December 1, 2020 Opinion or Order Filing 312 NOTICE of Withdrawal of Appearance of Aakruti G. Vakharia. Document filed by Drogueria Betances, LLC..(Litvin, Dan)
December 1, 2020 Opinion or Order Filing 311 MEMO ENDORSEMENT on re: #310 Letter Court's November 12, 2020 Order concerning depositions (ECF No. 309). filed by Drogueria Betances, LLC. ENDORSEMENT : So ordered. (Signed by Judge Alvin K. Hellerstein on 12/1/20) (yv)
November 30, 2020 Opinion or Order Filing 310 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Dan Litvin dated November 30, 2020 re: The Court's November 12, 2020 Order concerning depositions (ECF No. 309). Document filed by Drogueria Betances, LLC..(Litvin, Dan)
November 12, 2020 Opinion or Order Filing 309 ORDER denying #287 Motion to CompelPlaintiffs Rule 37 motion is denied without prejudice to pursuing fact depositions of witnesses. The highly particularized, contention-loaded descriptions of subject matters as to which defendants are called upon to offer admissions (by way of identifying witnesses) are inappropriate. Defendants object to most of them, arguing that they invade privilege, reveal positions to be taken at trial before decisions have to be made, and anticipate what experts might say. Plaintiffs counter that if defendants object, they then should be precluded as to all these subjects from offering evidence at trial.I have instructed plaintiffs numerous times to take depositions. Plaintiffs 30(b)(6) notice is not designed to take depositions. Depositions are intended to elicit facts from witnesses, not to pose gotcha interrogatories, or prematurely seek admissions, or advance the dates of experts disclosures. Privilege is asserted to a question seeking to elicit a fact told to a lawyer to obtain advice, or to a line of such questions, or to the opinions given by the lawyer, or to the work product of a lawyer. The court is not able, on plaintiffs 30(b)(6) notice, to rule on what questions, or lines of questions, or exhibits, may be objectionable on privilege grounds, and what should be the preclusive effect of failing to answer a question, or produce a document, or to make an admission. The court will rule on privilege on the basis of specific questions (or lines of questions) that are not answered because of privilege.Plaintiffs should know, from interrogatory answers, who at Novartis had responsibilities for the deal with Par, and all relevant documents on which to question such witnesses. Plaintiff also can take depositions of the relevant persons at Par, also on the basis of documents subpoenaed, or which can be subpoenaed, from Par. Instead, the prosecution of this case has been delayed by countless and needless disputes over discovery issues.Accordingly, I rule as follows:1. Plaintiffs motion is denied without prejudice to taking depositions of witnesses.2.Plaintiff shall schedule depositions at the rate of two depositions per week, beginning the week beginning November 30, 2020, until 15 witness depositions are taken, inclusive of the depositions already taken (if any) pursuant to the stipulation and order of August 3, 2020 (ECF 270). Defendants may take depositions on one day of the week not taken by plaintiff. Depositions shall not be taken the weeks beginning December 21 and 28, 2020.3.The status conference scheduled for January 27, 2021 at 2:30 pm shall proceed as scheduled, and will serve as a report on depositions taken and to be taken, and opportunity to revise, and expand or contract the schedule above, and on proceedings that remain. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin)
November 6, 2020 Opinion or Order Filing 308 ORDER granting (305) Letter Motion to Seal in case 1:18-cv-04361-AKH. So ordered. The Clerk is directed to spread this order to all cases. (Signed by Judge Alvin K. Hellerstein on 11/6/2020) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (jca)
November 4, 2020 Opinion or Order Filing 307 NOTICE of Proposed Redactions re: #305 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Julie A. North dated November 4, 2020.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(North, Julie)
November 4, 2020 Opinion or Order Filing 306 ***SELECTED PARTIES***NOTICE of proposed documents to be sealed and redacted re: #305 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Julie A. North dated November 4, 2020.. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Motion or Order to File Under Seal: #305 .(North, Julie)
November 4, 2020 Opinion or Order Filing 305 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Julie A. North dated November 4, 2020. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(North, Julie)
October 29, 2020 Opinion or Order Filing 313 MEMO ENDORSEMENT: on re: (303 in 1:18-cv-04361-AKH) Letter filed by Drogueria Betances, LLC. ENDORSEMENT: SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/29/2020) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (ama)
October 29, 2020 Opinion or Order Filing 304 ORDER FOR ADMISSION PRO HAC VICE granting (301) Motion for Carlos Ignacio Ruiz to Appear Pro Hac Vice in case 1:18-cv-04361-AKH. The motion of Carlos I. Ruiz for admission to practice Pro Hac Vice in the above captioned matter is granted. 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 Alvin K. Hellerstein on 10/29/20) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
October 29, 2020 Opinion or Order Filing 303 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Dan Litvin and Julie A. North dated October 29, 2020 re: Inadvertent Filing of Exhibit. Document filed by Drogueria Betances, LLC..(Litvin, Dan)
October 28, 2020 Opinion or Order Filing 302 ORDER granting #292 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Julie A. North dated October 26, 2020. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. So ordered. (Signed by Judge Alvin K. Hellerstein on 10/28/2020) (rjm)
October 28, 2020 Opinion or Order Filing 301 MOTION for Carlos Ignacio Ruiz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22354107. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Drogueria Betances, LLC. (Attachments: #1 Declaration Carlos I Ruiz, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Ruiz, Carlos)
October 28, 2020 Opinion or Order Filing 300 ***SELECTED PARTIES*** REPLY MEMORANDUM OF LAW in Support re: #287 MOTION to Compel Novartis Defendants to Designate a 30(b)(6) Witness . . Document filed by Rochester Drug Co-Operative, Inc., H-E-B LP, CVS Pharmacy, Inc., Drogueria Betances, LLC, Caremark PHC, LLC, Law Enforcement Health Benefits Inc., Rochester Drug Co-Operative, Inc., Rite Aid Hdqtrs. Corp.,, Walgreen CO, UFCW Local 1500 Welfare Fund, The Kroger Co., Rite Aid Corporation, FWK HOLDINGS, LLC, Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. Motion or Order to File Under Seal: #95 .(Litvin, Dan)
October 28, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #301 MOTION for Carlos Ignacio Ruiz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22354107. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
October 27, 2020 Opinion or Order Filing 299 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #287 MOTION to Compel Novartis Defendants to Designate a 30(b)(6) Witness . . Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., Walgreen CO. Motion or Order to File Under Seal: #292 .(North, Julie)
October 27, 2020 Opinion or Order Filing 298 NOTICE of proposed redactions re: #292 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Julie A. North dated October 26, 2020.. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13, #7 Exhibit 14, #8 Exhibit 15, #9 Exhibit 16, #10 Exhibit 17, #11 Exhibit 18).(North, Julie)
October 27, 2020 Opinion or Order Filing 297 ***SELECTED PARTIES***NOTICE of proposed documents to be sealed and redacted. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., Walgreen CO. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 10, #4 Exhibit 11, #5 Exhibit 12, #6 Exhibit 13, #7 Exhibit 14, #8 Exhibit 15, #9 Exhibit 16, #10 Exhibit 17, #11 Exhibit 18)Motion or Order to File Under Seal: #292 .(North, Julie)
October 27, 2020 Opinion or Order Filing 296 ***SELECTED PARTIES***NOTICE of Exhibit A (Sealed) re: #295 Declaration in Opposition to Motion,. Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., Walgreen CO. (Attachments: #1 Exhibit F)Motion or Order to File Under Seal: #292 .(North, Julie)
October 27, 2020 Opinion or Order Filing 295 DECLARATION of Julie A. North in Opposition re: #287 MOTION to Compel Novartis Defendants to Designate a 30(b)(6) Witness .. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(North, Julie)
October 27, 2020 Opinion or Order Filing 294 MEMORANDUM OF LAW in Opposition re: #287 MOTION to Compel Novartis Defendants to Designate a 30(b)(6) Witness . . Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(North, Julie)
October 27, 2020 Opinion or Order Filing 293 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #294) - ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #287 MOTION to Compel Novartis Defendants to Designate a 30(b)(6) Witness . . Document filed by Novartis Pharmaceuticals Corporation, Novartis AG, CVS Pharmacy, Inc., Drogueria Betances, LLC, H-E-B LP, Par Pharmaceutical, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., Walgreen CO. Motion or Order to File Under Seal: #292 .(North, Julie) Modified on 10/27/2020 (ldi).
October 26, 2020 Opinion or Order Filing 292 LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Julie A. North dated October 26, 2020. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(North, Julie)
October 26, 2020 Opinion or Order Filing 291 ORDER FOR ADMISSION PRO HAC VICE granting (290) Motion for Susan C. Segura to Appear Pro Hac Vice in case 1:18-cv-04361-AKH. The motion of SUSAN C. SEGURA for admission to practice Pro Hac Vice in the above captioned action is granted. 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.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 Alvin K. Hellerstein on 10/26/20) Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05708-AKH, 1:18-cv-05886-AKH (yv)
October 23, 2020 Opinion or Order Filing 290 MOTION for Susan C. Segura to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22288543. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Drogueria Betances, LLC. (Attachments: #1 Declaration, #2 Text of Proposed Order).(Segura, Susan)
October 23, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #290 MOTION for Susan C. Segura to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22288543. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
October 19, 2020 Opinion or Order Filing 289 ***SELECTED PARTIES***DECLARATION of Dan Litvin in Support re: (108 in 1:18-cv-05603-AKH, 287 in 1:18-cv-04361-AKH, 78 in 1:18-cv-06776-AKH, 101 in 1:18-cv-05536-AKH, 107 in 1:18-cv-05886-AKH, 91 in 1:18-cv-05708-AKH) MOTION to Compel Novartis Defendants to Designate a 30(b)(6) Witness .. Document filed by Drogueria Betances, LLC, CVS Pharmacy, Inc., FWK HOLDINGS, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Corporation, Novartis Pharmaceuticals Corporation, Par Pharmaceutical Industries, Inc, Par Pharmaceutical, Inc., Par Pharmaceuticals, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. (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 20, #20 Exhibit 21, #21 Exhibit 22, #22 Exhibit 23, #23 Exhibit 24)Filed In Associated Cases: 1:18-cv-04361-AKH et al.Motion or Order to File Under Seal: #95 .(Litvin, Dan)
October 19, 2020 Opinion or Order Filing 288 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: (101 in 1:18-cv-05536-AKH, 108 in 1:18-cv-05603-AKH, 287 in 1:18-cv-04361-AKH, 78 in 1:18-cv-06776-AKH, 107 in 1:18-cv-05886-AKH, 91 in 1:18-cv-05708-AKH) MOTION to Compel Novartis Defendants to Designate a 30(b)(6) Witness . . Document filed by Drogueria Betances, LLC, CVS Pharmacy, Inc., FWK HOLDINGS, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Corporation, Novartis Pharmaceuticals Corporation, Par Pharmaceutical Industries, Inc, Par Pharmaceutical, Inc., Par Pharmaceuticals, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO. Filed In Associated Cases: 1:18-cv-04361-AKH et al.Motion or Order to File Under Seal: #95 .(Litvin, Dan)
October 19, 2020 Opinion or Order Filing 287 ***SELECTED PARTIES*** MOTION to Compel Novartis Defendants to Designate a 30(b)(6) Witness . Document filed by Drogueria Betances, LLC, CVS Pharmacy, Inc., FWK HOLDINGS, LLC, H-E-B LP, Law Enforcement Health Benefits Inc., Novartis AG, Novartis Corporation, Novartis Pharmaceuticals Corporation, Par Pharmaceutical Industries, Inc, Par Pharmaceutical, Inc., Par Pharmaceuticals, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, Rochester Drug Co-Operative, Inc., The Kroger Co., UFCW Local 1500 Welfare Fund, Walgreen CO, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., PAR Pharmaceutical, Inc., FWK Holdings, LLC, Novartis AG, Novartis Corporation, Rochester Drug Co-Operative, Inc., Law Enforcement Health Benefits Inc..Filed In Associated Cases: 1:18-cv-04361-AKH et al.Motion or Order to File Under Seal: #95 .(Litvin, Dan)
October 9, 2020 Opinion or Order Filing 286 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/8/20 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 9, 2020 Opinion or Order Filing 285 TRANSCRIPT of Proceedings re: CONFERENCE held on 10/8/2020 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Kelly Surina, (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 10/30/2020. Redacted Transcript Deadline set for 11/9/2020. Release of Transcript Restriction set for 1/7/2021..(McGuirk, Kelly)
October 8, 2020 Opinion or Order Filing 284 STIPULATED REVISED JOINT SCHEDULING ORDER, IT IS HEREBY STIPULATED AND ORDERED THAT the following schedule will govern the events set forth below: Deposition due by 1/8/2021., Motions due by 6/2/2021., Responses due by 8/18/2021, Replies due by 9/29/2021., Settlement Conference set for 5/6/2021 at 02:30 PM before Judge Alvin K. Hellerstein., Status Conference set for 1/14/2021 at 02:30 PM before Judge Alvin K. Hellerstein. So Ordered. (Signed by Judge Alvin K. Hellerstein on 10/8/20) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
October 8, 2020 Opinion or Order Filing 283 NOTICE OF APPEARANCE by Jeffrey Adam Ritholtz on behalf of Novartis AG, Novartis Pharmaceuticals Corporation..(Ritholtz, Jeffrey)
October 8, 2020 Opinion or Order Filing 282 NOTICE OF APPEARANCE by Helam Gebremariam on behalf of Novartis AG, Novartis Pharmaceuticals Corporation..(Gebremariam, Helam)
October 8, 2020 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 10/8/2020, ( Settlement Conference set for 5/6/2021 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein., Status Conference set for 1/14/2021 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Court Reporter Kelly Surina) (Jones, Brigitte)
October 7, 2020 Opinion or Order Filing 281 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Dan Litvin on behalf of all Parties dated October 7, 2020 re: Stipulated Revised Proposed Joint Scheduling Order. Document filed by Drogueria Betances, LLC.Filed In Associated Cases: 1:18-cv-04361-AKH et al..(Litvin, Dan)
October 7, 2020 Opinion or Order Filing 280 SCHEDULING ORDER: The parties are hereby ordered to appear for a telephonic status conference on Thursday, October 8, 2020, at 11:00 a.m., which conference will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in ( other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the conference. Finally, no later than October 7, 2020, at 4:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Telephone Conference set for 10/8/2020 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/7/20) (yv)
September 29, 2020 Opinion or Order Filing 279 ORDER FOR ADMISSION PRO HAC VICE: The motion of Barry L. Refsin, for admission to practice Pro Hac Vice in the above captioned action. So Ordered (Signed by Judge Alvin K. Hellerstein on 9/28/2020) (js)
September 3, 2020 Opinion or Order Filing 278 ORDER ADMITTING COUNSEL PRO HAC VICE granting (277) Motion for Andrew W. Rudge to Appear Pro Hac Vice in case 1:18-cv-04361-AKH. The motion of Andrew W. Rudge for admission to practice pro hac vice in the above captioned action is granted. 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 Alvin K. Hellerstein on 9/3/20) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
September 2, 2020 Opinion or Order Filing 277 MOTION for Andrew W. Rudge to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Par Pharmaceutical, Inc.. (Attachments: #1 Declaration, #2 Text of Proposed Order).(Rudge, Andrew)
September 2, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #277 MOTION for Andrew W. Rudge to Appear Pro Hac Vice Corrected. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 27, 2020 Opinion or Order Filing 276 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andrew W. Rudge to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21364879. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Par Pharmaceutical, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Rudge, Andrew) Modified on 8/27/2020 (vba).
August 27, 2020 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #276 MOTION for Andrew W. Rudge to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21364879. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): AFFIDAVIT NOT NOTARIZED;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
August 21, 2020 Opinion or Order Filing 275 MEMO ENDORSEMENT on re: (274 in 1:18-cv-04361-AKH) Notice (Other), filed by Novartis AG, Novartis Pharmaceuticals Corporation. ENDORSEMENT: So ordered. The motion is withdrawn. The Clerk is instructed to close out the open motion (ECF No. 259). (Signed by Judge Alvin K. Hellerstein on 8/21/20) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
August 20, 2020 Opinion or Order Filing 274 NOTICE of Withdrawal of Motion to Compel re: #259 MOTION to Compel Caremark PHC, L.L.C. to produce data responsive to subpoena ., #260 Memorandum of Law in Support of Motion, #261 Declaration in Support of Motion,,. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(North, Julie)
August 19, 2020 Opinion or Order Filing 273 ORDER FOR ADMISSION PRO HAC VICE. The motion of Barry L. Refsin, for admission to practice Pro Hac Vice in the above captioned action is granted. 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 Alvin K. Hellerstein on 8/19/20) (yv)
August 13, 2020 Opinion or Order Filing 272 ORDER granting (271) Letter Motion for Extension of Time to File Response/Reply re (259 in 1:18-cv-04361-AKH) MOTION to Compel Caremark PHC, L.L.C. to produce data responsive to subpoena . So ordered. ( Responses due by 8/20/2020) in case 1:18-cv-04361-AKH. (Signed by Judge Alvin K. Hellerstein on 8/13/20) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
August 13, 2020 Opinion or Order Filing 271 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #259 MOTION to Compel Caremark PHC, L.L.C. to produce data responsive to subpoena . addressed to Judge Alvin K. Hellerstein from Rachel Kramer dated 8/13/2020. Document filed by Caremark PHC, LLC..(Kramer, Rachel)
August 3, 2020 Opinion or Order Filing 270 STIPULATED ORDER REGARDING REMOTE DEPOSITIONS. It is ORDERED that the Remote Depositions shall proceed subject to the following rules and procedures, which have been agreed upon by the Parties: Pursuant to Rule 30(b)(5) of the Federal Rules of Civil Procedure, Remote Depositions will be conducted before a Court Reporter who shall have all of the authority of an officer appointed or authorized under Rule 28 to take Depositions. The Videographer shall record the Remote Deposition at the direction of the Court Reporter and shall not record the Remote Deposition during times when the Court Reporter suspends it. Both the Court Reporter and Videographer shall agree when proceedings are on or off the record. Only video of the Witness shall be recorded, but audio of all Participants shall be recorded. Such recording shall be deemed a record of the Remote Deposition to the same extent as if the recording had been made in the physical presence of the Witness. For purposes of Rule 30(c), the Videographer shall be considered to be acting in the presence and under the direction of the Court Reporter, so long as the Videographer is able to hear and take direction from the Court Reporter, even though the Videographer may be in a different physical location than the Court Reporter. Remote Depositions shall be conducted using the Remote Deposition Video and Exhibit Platforms, and shall be accessed only through a secured connection to protect confidential information. In order to facilitate reliable use of the Remote Deposition Video and Exhibit Platforms, each attorney shall be responsible for acquiring, maintaining, and utilizing computer, audio, and video equipment that meets the minimum requirements set forth in Appendix A. All private chat features on the Remote Deposition Video and Exhibit Platforms shall be disabled. Remote Depositions shall commence at 9:00 am of the time zone of the Witness absent an agreement for a different start time by all Participants. This Stipulated Order also shall govern any Remote Depositions of non-Party witnesses and as further set forth in this Stipulation. IT IS SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/3/20) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
July 31, 2020 Opinion or Order Filing 269 PROPOSED STIPULATION AND ORDER. Document filed by Par Pharmaceutical, Inc...(Otis V, Ralph)
July 31, 2020 Opinion or Order Filing 268 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Par Pharmaceutical, Inc...(Otis V, Ralph) Proposed Order to be reviewed by Clerk's Office staff. Modified on 7/31/2020 (km).
July 31, 2020 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Ralph Otis V to RE-FILE Document #268 Proposed Order. Use the event type proposed orders, proposed stipulation and order. The stipulation also needs to have handwritten signatures of the attorneys. (km)
July 30, 2020 Opinion or Order Filing 267 NOTICE OF APPEARANCE by Ethan H Kaminsky on behalf of UFCW Local 1500 Welfare Fund..(Kaminsky, Ethan)
July 24, 2020 Opinion or Order Filing 266 ORDER granting (265) Letter Motion for Extension of Time to File Response/Reply re (259 in 1:18-cv-04361-AKH) MOTION to Compel Caremark PHC, L.L.C. to produce data responsive to subpoena . So ordered. ( Responses due by 8/13/2020) in case 1:18-cv-04361-AKH. (Signed by Judge Alvin K. Hellerstein on 7/24/20) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
July 24, 2020 Opinion or Order Filing 265 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #259 MOTION to Compel Caremark PHC, L.L.C. to produce data responsive to subpoena . addressed to Judge Alvin K. Hellerstein from Rachel Kramer dated 7/24/2020. Document filed by Caremark PHC, LLC..(Kramer, Rachel)
July 21, 2020 Opinion or Order Filing 264 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting (262) Motion to Withdraw as Attorney. This Court HEREBY ORDERS: 1. UFCW Local 1500 Welfare Fund's Motion for Leave to Withdraw as Counsel is GRANTED. 2. Attorney Tianran Song, Esq., is hereby withdrawn as UFCW Local 1500 Welfare Fund's counsel of record in the above-mentioned caption case. UFCW Local 1500 Welfare Fund and the End-Payor class shall continue to be represented in this matter by the attorneys of the law firm Labaton Sucharow LLP. 3. The Clerk of the Court is directed to remove Tianran Song from the service list in this matter, and shall no longer send him any notices of filing in this matter. IT IS SO ORDERED. (Attorney Tianran Song terminated in case 1:18-cv-04361-AKH.) (Signed by Judge Alvin K. Hellerstein on 7/21/20) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
July 21, 2020 Opinion or Order Filing 263 PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by UFCW Local 1500 Welfare Fund. Related Document Number: [Dkt 262]..(Van Der Meulen, Robin)
July 21, 2020 Opinion or Order Filing 262 MOTION for Tianran Song to Withdraw as Attorney . Document filed by UFCW Local 1500 Welfare Fund..(Van Der Meulen, Robin)
July 20, 2020 Opinion or Order Filing 261 DECLARATION of Julie A. North in Support re: (259 in 1:18-cv-04361-AKH) MOTION to Compel Caremark PHC, L.L.C. to produce data responsive to subpoena .. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit A--10.8.19 Subpoena to Caremark, #2 Exhibit B--11.20.19 Subpoena response from Caremark, #3 Exhibit C--12.17.19 Letter from J. Ritholtz to R. Davis (Caremark), #4 Exhibit D--2.19.20 Letter from J. Ritholtz to R. Davis, #5 Exhibit E--5.22.20 Correspondence to J. Ritholtz and C. Kozikowski)Filed In Associated Cases: 1:18-cv-04361-AKH et al..(North, Julie)
July 20, 2020 Opinion or Order Filing 260 MEMORANDUM OF LAW in Support re: (259 in 1:18-cv-04361-AKH) MOTION to Compel Caremark PHC, L.L.C. to produce data responsive to subpoena . ("Memorandum Of Law In Support Of Novartis's Motion To Compel Caremark PHC, L.L.C.S Production Of Data Responsive To Subpoena"). Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. Filed In Associated Cases: 1:18-cv-04361-AKH et al..(North, Julie)
July 20, 2020 Opinion or Order Filing 259 MOTION to Compel Caremark PHC, L.L.C. to produce data responsive to subpoena . Document filed by Novartis AG, Novartis Pharmaceuticals Corporation.Filed In Associated Cases: 1:18-cv-04361-AKH et al..(North, Julie)
July 7, 2020 Opinion or Order Filing 258 MEMO ENDORSEMENT on re: (257 in 1:18-cv-04361-AKH) Notice (Other), filed by Novartis AG, Novartis Pharmaceuticals Corporation. ENDORSEMENT: So ordered. The motion (ECF Nos. 254-256) is withdrawn. (Signed by Judge Alvin K. Hellerstein on 7/7/20) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
July 6, 2020 Opinion or Order Filing 257 NOTICE of Withdrawal of Motion to Compel re: #256 Declaration in Support of Motion,, #254 MOTION to Compel ("Notice of Motion to Compel Express Scripts Holding Company's Production of Data Responsive to Subpoena")., #255 Memorandum of Law in Support of Motion,. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(North, Julie)
July 2, 2020 Opinion or Order Filing 256 DECLARATION of Julie A. North in Support re: (93 in 1:18-cv-05603-AKH, 86 in 1:18-cv-05536-AKH, 254 in 1:18-cv-04361-AKH) MOTION to Compel ("Notice of Motion to Compel Express Scripts Holding Company's Production of Data Responsive to Subpoena").. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05536-AKH, 1:18-cv-05603-AKH.(North, Julie)
July 2, 2020 Opinion or Order Filing 255 MEMORANDUM OF LAW in Support re: (254 in 1:18-cv-04361-AKH, 93 in 1:18-cv-05603-AKH, 86 in 1:18-cv-05536-AKH) MOTION to Compel ("Notice of Motion to Compel Express Scripts Holding Company's Production of Data Responsive to Subpoena"). . Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05536-AKH, 1:18-cv-05603-AKH.(North, Julie)
July 2, 2020 Opinion or Order Filing 254 MOTION to Compel ("Notice of Motion to Compel Express Scripts Holding Company's Production of Data Responsive to Subpoena"). Document filed by Novartis AG, Novartis Pharmaceuticals Corporation.Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05536-AKH, 1:18-cv-05603-AKH.(North, Julie)
June 18, 2020 Opinion or Order Filing 253 ORDER granting #244 Letter Motion to Compel. The motion to compel discovery is granted. Plaintiffs shall pay to Lupin the reasonable expenses and attorneys' fees incurred in complying with this motion going forward. Lupin shall produce the requested documents within 45 days from the issuance of this order. The Clerk is instructed to close the open motion (ECF No. 244). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/18/20) (yv)
June 17, 2020 Opinion or Order Filing 252 DECLARATION of Dan Chiorean in Support re: #244 MOTION to Compel Lupin Limited and Lupin Pharmaceuticals, Inc. to Produce Documents in response to Rule 45 Subpoena .. Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit 14, #2 Exhibit 15).(Chiorean, Dan)
June 17, 2020 Opinion or Order Filing 251 REPLY MEMORANDUM OF LAW in Support re: #244 MOTION to Compel Lupin Limited and Lupin Pharmaceuticals, Inc. to Produce Documents in response to Rule 45 Subpoena . . Document filed by Drogueria Betances, LLC..(Chiorean, Dan)
June 12, 2020 Opinion or Order Filing 250 DECLARATION of Zarema A. Jaramillo in Opposition re: #244 MOTION to Compel Lupin Limited and Lupin Pharmaceuticals, Inc. to Produce Documents in response to Rule 45 Subpoena .. Document filed by Lupin Ltd., Lupin Pharmaceuticals, 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).(Jaramillo, Zarema)
June 12, 2020 Opinion or Order Filing 249 MEMORANDUM OF LAW in Opposition re: #244 MOTION to Compel Lupin Limited and Lupin Pharmaceuticals, Inc. to Produce Documents in response to Rule 45 Subpoena . . Document filed by Lupin Ltd., Lupin Pharmaceuticals, Inc...(Jaramillo, Zarema)
June 3, 2020 Opinion or Order Filing 248 STIPULATED SUPPLEMENTAL PROTECTIVE ORDER FOR ESI HIGHLY CONFIDENTIAL MATERIAL PRODUCED BY END PAYOR PLAINTIFFS...regarding procedures to be followed that shall govern the handling of confidential material...So Ordered. (Signed by Judge Alvin K. Hellerstein on 6/3/20) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
June 1, 2020 Opinion or Order Filing 247 PROPOSED PROTECTIVE ORDER. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(North, Julie)
May 29, 2020 Opinion or Order Filing 246 DECLARATION of Dan Chiorean in Support re: #244 MOTION to Compel Lupin Limited and Lupin Pharmaceuticals, Inc. to Produce Documents in response to Rule 45 Subpoena .. Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13).(Chiorean, Dan)
May 29, 2020 Opinion or Order Filing 245 MEMORANDUM OF LAW in Support re: #244 MOTION to Compel Lupin Limited and Lupin Pharmaceuticals, Inc. to Produce Documents in response to Rule 45 Subpoena . . Document filed by Drogueria Betances, LLC..(Chiorean, Dan)
May 29, 2020 Opinion or Order Filing 244 MOTION to Compel Lupin Limited and Lupin Pharmaceuticals, Inc. to Produce Documents in response to Rule 45 Subpoena . Document filed by Drogueria Betances, LLC. (Attachments: #1 Text of Proposed Order Proposed Order).(Chiorean, Dan)
May 20, 2020 Opinion or Order Filing 243 ORDER granting (242) Letter Motion for Extension of Time to Complete Discovery in case 1:18-cv-04361-AKH; granting (83) Letter Motion for Extension of Time to Complete Discovery in case 1:18-cv-05536-AKH; granting (90) Letter Motion for Extension of Time to Complete Discovery in case 1:18-cv-05603-AKH; granting (76) Letter Motion for Extension of Time to Complete Discovery in case 1:18-cv-05708-AKH; granting (92) Letter Motion for Extension of Time to Complete Discovery in case 1:18-cv-05886-AKH; granting (63) Letter Motion for Extension of Time to Complete Discovery in case 1:18-cv-06776-AKH. The requested schedule modifications is So Ordered. ( Deposition due by 8/1/2020.) (Signed by Judge Alvin K. Hellerstein on 5/19/20) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
May 18, 2020 Opinion or Order Filing 242 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Alvin K. Hellerstein from All Parties dated May 18, 2020. Document filed by Drogueria Betances, LLC.Filed In Associated Cases: 1:18-cv-04361-AKH et al..(Litvin, Dan)
March 18, 2020 Opinion or Order Filing 241 SCHEDULING ORDER granting (240) Letter Motion for Extension of Time in case 1:18-cv-04361-AKH; granting (81) Letter Motion for Extension of Time in case 1:18-cv-05536-AKH; granting (88) Letter Motion for Extension of Time in case 1:18-cv-05603-AKH; granting (74) Letter Motion for Extension of Time in case 1:18-cv-05708-AKH; granting (90) Letter Motion for Extension of Time in case 1:18-cv-05886-AKH; granting (61) Letter Motion for Extension of Time in case 1:18-cv-06776-AKH. Deposition due by 8/17/2020. Defendants file oppositions to Plaintiffs' motions for class certification: April 2, 2021. Plaintiffs file replies in further support of motions for class certification: May 12, 2021. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/18/20) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
March 18, 2020 Opinion or Order Set/Reset Deadlines: Responses due by 4/2/2021. Replies due by 5/12/2021. Associated Cases: 1:18-cv-04361-AKH et al.(yv)
March 17, 2020 Opinion or Order Filing 240 JOINT LETTER MOTION for Extension of Time addressed to Judge Alvin K. Hellerstein from All Parties dated March 17, 2020. Document filed by Drogueria Betances, LLC.Filed In Associated Cases: 1:18-cv-04361-AKH et al..(Litvin, Dan)
March 6, 2020 Opinion or Order Filing 239 MEMO ENDORSEMENT on re: (236 in 1:18-cv-04361-AKH) MOTION for Protective Order ("Defendants' Notice of Motion for HIPAA Qualified Protective Order") filed by Novartis Pharmaceuticals Corporation. ENDORSEMENT: Motion granted. Protective order signed and separately filed. (Signed by Judge Alvin K. Hellerstein on 3/6/2020) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (rro)
March 6, 2020 Opinion or Order Filing 238 HIPAA QUALIFIED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material..., Motions terminated: (236 in 1:18-cv-04361-AKH) MOTION for Protective Order ("Defendants' Notice of Motion for HIPAA Qualified Protective Order"). filed by Novartis Pharmaceuticals Corporation. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/6/20) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
March 5, 2020 Opinion or Order Filing 237 MEMORANDUM OF LAW in Support re: #236 MOTION for Protective Order ("Defendants' Notice of Motion for HIPAA Qualified Protective Order"). ("Memorandum Of Law In Support Of Defendants' Motion For A Protective Order"). Document filed by Novartis Pharmaceuticals Corporation..(North, Julie)
March 5, 2020 Opinion or Order Filing 236 MOTION for Protective Order ("Defendants' Notice of Motion for HIPAA Qualified Protective Order"). Document filed by Novartis Pharmaceuticals Corporation..(North, Julie)
February 27, 2020 Opinion or Order Filing 235 ORDER FOR ADMISSION PRO HAC VICE granting (234) Motion for Andrew C. Curley to Appear Pro Hac Vice in case 1:18-cv-04361-AKH. The motion of Andrew C. Curley, for admission to practice Pro Hac Vice in the above captioned action is granted. 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 Alvin K. Hellerstein on 2/27/20) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
February 26, 2020 Opinion or Order Filing 234 MOTION for Andrew C. Curley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18929116. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rochester Drug Co-Operative, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Curley, Andrew)
February 26, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #234 MOTION for Andrew C. Curley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18929116. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
February 12, 2020 Opinion or Order Filing 233 DISCOVERY ORDER. Defendants' objection to Interrogatory 4 is sustained. At this stage of the case, defendants are not required to identify their trial evidence. An interrogatory that requires defendants to identify, not only the patent claims they may assert at trial, but also to identify each and all the limitations within such claims "fully on a limitation-by-limitation basis," and to "identify[] all facts in support thereof,... literally and/or under the doctrine of equivalents" requires too much. Defendants, with the exception of Par, have identified the claims of the patents, and the ANDAs, that they consider relevant. (Par shall do the same with respect to ANDAs.) The parties should now move to the next stage of these lawsuits, depositions. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/12/20) (yv)
February 11, 2020 Opinion or Order Filing 232 ORDER granting #231 Motion to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin)
February 11, 2020 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #231 MOTION for James Boone Baxter 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. (bcu)
February 7, 2020 Opinion or Order Filing 231 MOTION for James Boone Baxter to Appear Pro Hac Vice Filing Fee $200.00, receipt number ANYSDC-18743030..(Baxter, James) . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Drogueria Betances, LLC. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Baxter, James) Modified on 2/10/2020 (vba). Modified on 2/11/2020 (bcu).
February 7, 2020 Opinion or Order Filing 230 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Counsel for Plaintiffs and Defendants dated February 7, 2020 re: Joint Dispute Letter Concerning Interrogatory Responses. Document filed by Drogueria Betances, LLC.Filed In Associated Cases: 1:18-cv-04361-AKH et al..(Litvin, Dan)
November 25, 2019 Opinion or Order Filing 229 ORDER FOR ADMISSION PRO HAC VICE granting #223 Motion for Chelsea M. Nichols to Appear Pro Hac Vice. The motion of Chelsea M. Nichols, for admission to practice Pro Hac ice in the above-captioned action is granted. 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 Alvin K. Hellerstein on 11/25/19) (yv)
November 25, 2019 Opinion or Order Filing 228 ORDER FOR ADMISSION PRO HAC VICE granting #224 Motion for Caitlin V. McHugh to Appear Pro Hac Vice. The motion of Caitlin V. McHugh, for admission to practice Pro Hac Vice in the above-captioned action is granted. 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 Alvin K. Hellerstein on 11/25/19) (yv)
November 25, 2019 Opinion or Order Filing 227 ORDER FOR ADMISSION PRO HAC VICE granting #225 Motion for Monica L. Kiley to Appear Pro Hac Vice. The motion of Monica L. Kiley, for admission to practice Pro Hac Vice in the above-captioned action is granted. 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 Alvin K. Hellerstein on 11/25/19) (yv)
November 25, 2019 Opinion or Order Filing 226 ORDER FOR ADMISSION PRO HAC VICE granting #222 Motion for Barry L. Refsin to Appear Pro Hac Vice. The motion of Barry L. Refsin, for admission to practice Pro Hac Vice in the above-captioned action is granted. 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 Alvin K. Hellerstein on 11/25/19) (yv) Modified on 11/25/2019 (yv).
November 22, 2019 Opinion or Order Filing 225 MOTION for Monica L. Kiley to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-18128735. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Kiley, Monica)
November 22, 2019 Opinion or Order Filing 224 MOTION for Caitlin V. McHugh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18129640. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,. (Attachments: #1 Affidavit, #2 Certificate of Good Standing (PA), #3 Certificate of Good Standing (NJ), #4 Text of Proposed Order)(McHugh, Caitlin) Modified on 11/25/2019 (yv).
November 22, 2019 Opinion or Order Filing 223 MOTION for Chelsea M. Nichols to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18129517. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Nichols, Chelsea)
November 22, 2019 Opinion or Order Filing 222 MOTION for Barry L. Refsin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18128987. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,. (Attachments: #1 Affidavit, #2 Certificate of Good Standing (PA), #3 Certificate of Good Standing (NJ), #4 Text of Proposed Order)(Refsin, Barry) Modified on 11/25/2019 (yv).
November 22, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #223 MOTION for Chelsea M. Nichols to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18129517. Motion and supporting papers to be reviewed by Clerk's Office staff., #222 MOTION for Barry L. Refsin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18128987. Motion and supporting papers to be reviewed by Clerk's Office staff., #224 MOTION for Caitlin V. McHugh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-18129640. Motion and supporting papers to be reviewed by Clerk's Office staff., #225 MOTION for Monica L. Kiley to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-18128735. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
November 7, 2019 Opinion or Order Filing 221 NOTICE OF CHANGE OF ADDRESS by David C Raphael, Jr on behalf of Drogueria Betances, LLC. New Address: Smith Segura Raphael & Leger, LLP, 221 Ansley Blvd., Alexandria, LA, United States 71303, 318-445-4480. (Raphael, David)
October 11, 2019 Opinion or Order Set/Reset Hearings: Status Conference set for 6/29/2020 at 02:30 PM before Judge Alvin K. Hellerstein. Status Conference set for 10/8/2020 at 11:00 AM before Judge Alvin K. Hellerstein. (yv)
October 11, 2019 Opinion or Order Filing 220 SCHEDULING ORDER: Motions due by 11/5/2020. Responses due by 1/21/2021. Replies due by 3/4/2021. Deposition due by 6/22/2020. Status/Settlement Conference 6/29/2020, 2:30pm. Status Conference set for 10/8/2020 at 11:00 AM before Judge Alvin K. Hellerstein. So Ordered. (Signed by Judge Alvin K. Hellerstein on 10/11/19) (yv).
October 10, 2019 Opinion or Order Filing 219 LETTER addressed to Judge Alvin K. Hellerstein from Dan Litvin dated October 10, 2019 re: Joint Proposed Scheduling Order. Document filed by Drogueria Betances, LLC. (Attachments: #1 Text of Proposed Order Ex A - Joint Proposed Scheduling Order)Filed In Associated Cases: 1:18-cv-04361-AKH et al.(Litvin, Dan)
October 1, 2019 Opinion or Order Filing 218 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/24/19 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 1, 2019 Opinion or Order Filing 217 TRANSCRIPT of Proceedings re: CONFERENCE held on 9/24/2019 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Steven Griffing, (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 10/22/2019. Redacted Transcript Deadline set for 11/1/2019. Release of Transcript Restriction set for 12/30/2019.(McGuirk, Kelly)
September 23, 2019 Opinion or Order Filing 216 NOTICE OF APPEARANCE by Mary Louise Russell on behalf of UFCW Local 1500 Welfare Fund. (Russell, Mary)
September 20, 2019 Opinion or Order Filing 215 NOTICE OF APPEARANCE by Adam James Pessin on behalf of UFCW Local 1500 Welfare Fund. (Pessin, Adam)
September 11, 2019 Opinion or Order Filing 214 NOTICE OF APPEARANCE by Aakruti Govind Vakharia on behalf of Drogueria Betances, LLC. (Vakharia, Aakruti)
September 9, 2019 Opinion or Order Filing 213 NOTICE OF APPEARANCE by Anna Theresa Neill on behalf of H-E-B LP, The Kroger Co., Walgreen CO. (Neill, Anna)
September 9, 2019 Opinion or Order Filing 212 ORDER, It is hereby ordered as follows: (1) As to Dispute I, Plaintiffs are not permitted to submit reply expert reports on class certification or the merits. Each side will be permitted to submit one round of expert reports. Should it later become necessary for Plaintiffs to respond via expert to an assertion made by one or more of Defendants' experts, Plaintiffs may seek leave to submit an additional expert report, limited to that assertion. (2) As to Dispute II, in the interest of promoting a "just, speedy, and inexpensive determination," Fed. R. Civ. P. 1, of the facts underlying this complex matter, class certification and merits expert reports will proceed on the same schedule. Thus, Plaintiffs shall serve all opening expert reports on June 30, 2020, and Defendants shall serve rebuttal expert reports on September 8, 2020. (3) As to Dispute III, the Court will address, in consultation with the parties, an appropriate schedule for dispositive motions and briefing, Daubert motions, and trial, at a status conference to be held September 24, 2019, 11:30am. SO ORDERED. (Status Conference set for 9/24/2019 at 11:30 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 9/9/19) (yv)
September 6, 2019 Opinion or Order Filing 211 ANSWER to #139 Amended Complaint,. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation.(North, Julie)
September 6, 2019 Opinion or Order Filing 210 ANSWER to #130 Amended Complaint,. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation.(North, Julie)
September 6, 2019 Opinion or Order Filing 209 ANSWER to #47 Amended Complaint,. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation.(North, Julie)
September 6, 2019 Opinion or Order Filing 208 ANSWER to Complaint. Document filed by Novartis Pharmaceuticals Corporation.(North, Julie)
September 6, 2019 Opinion or Order Filing 207 ANSWER to Complaint. Document filed by Par Pharmaceutical, Inc..(Otis V, Ralph)
September 6, 2019 Opinion or Order Filing 206 ANSWER to #139 Amended Complaint,. Document filed by Par Pharmaceutical, Inc..(Otis V, Ralph)
September 6, 2019 Opinion or Order Filing 205 ANSWER to #130 Amended Complaint,. Document filed by Par Pharmaceutical, Inc..(Otis V, Ralph)
September 6, 2019 Opinion or Order Filing 204 ANSWER to #47 Amended Complaint,. Document filed by Par Pharmaceutical, Inc..(Otis V, Ralph)
September 4, 2019 Opinion or Order Filing 203 NOTICE OF APPEARANCE by Lauren Carol Ravkind on behalf of H-E-B LP, The Kroger Co., Walgreen CO. Filed In Associated Cases: 1:18-cv-04361-AKH et al.(Ravkind, Lauren)
September 4, 2019 Opinion or Order Filing 202 NOTICE OF APPEARANCE by Noah H. Silverman on behalf of Drogueria Betances, LLC. (Silverman, Noah)
September 4, 2019 Opinion or Order Filing 201 SCHEDULING ORDER: The status conference presently scheduled for September 5, 2019, at 2:30 p.m., is hereby adjourned sine die. The Court will reschedule the conference, in an order to follow next week. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 9/4/19) (yv)
September 4, 2019 Opinion or Order Filing 200 STATUS REPORT. JOINT SUBMISSION CONCERNING SCHEDULING DISPUTES Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:18-cv-04361-AKH et al.(Litvin, Dan)
August 30, 2019 Opinion or Order Filing 199 ORDER granting (196) Letter Motion for Extension of Time in case 1:18-cv-04361-AKH; granting (68) Letter Motion for Extension of Time in case 1:18-cv-05536-AKH; granting (76) Letter Motion for Extension of Time in case 1:18-cv-05603-AKH; granting (63) Letter Motion for Extension of Time in case 1:18-cv-05708-AKH; granting (79) Letter Motion for Extension of Time in case 1:18-cv-05886-AKH; granting (50) Letter Motion for Extension of Time in case 1:18-cv-06776-AKH. So Ordered. (Signed by Judge Alvin K. Hellerstein on 8/28/19) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (yv)
August 30, 2019 Opinion or Order Filing 198 STIPULATED SUPPLEMENTAL PROTECTIVE ORDER FOR MATERIALS PRODUCED BY THE THREE NATIONAL WHOLESALERS:...regarding procedures to be followed that shall govern the handling of confidential material. The Court has jurisdiction to enforce this Order and to grant relief, as authorized by law or in equity, for any violations thereof. And as set forth herein. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/29/2019) Filed In Associated Cases: 1:18-cv-04361-AKH et al.(ama)
August 29, 2019 Opinion or Order Filing 197 PROPOSED PROTECTIVE ORDER. Document filed by H-E-B LP, The Kroger Co., Walgreen CO. (Attachments: #1 Text of Proposed Order) (Perwin, Scott)
August 27, 2019 Opinion or Order Filing 196 LETTER MOTION for Extension of Time re Party document productions addressed to Judge Alvin K. Hellerstein from Julie A. North dated August 27, 2019. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation.Filed In Associated Cases: 1:18-cv-04361-AKH et al.(North, Julie)
August 27, 2019 Opinion or Order Filing 195 JOINT STIPULATION AND ORDER FOR EXTENSION OF TIME TO ANSWER PLAINTIFFS' COMPLAINTS. IT IS HEREBY STIPULATED AND ORDERED THAT: 1. Defendants shall have until September 6, 2019 to answer Plaintiffs' operative complaints in the above-captioned matter. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/26/19) Filed In Associated Cases: 1:18-cv-04361-AKH et al.(yv)
August 27, 2019 Opinion or Order Set/Reset Deadlines: Novartis AG answer due 9/6/2019; Novartis Pharmaceuticals Corporation answer due 9/6/2019; Par Pharmaceutical, Inc. answer due 9/6/2019. (yv)
August 23, 2019 Opinion or Order Filing 194 PROPOSED STIPULATION AND ORDER. Document filed by Par Pharmaceutical, Inc.. (Ryan, Thomas)
August 15, 2019 Opinion or Order Filing 193 OPINION AND ORDER GRANTING DEFENDANTS' PARTIAL MOTION TO DISMISS re: (118 in 1:18-cv-04361-AKH) MOTION to Dismiss ("Defendants' Notice of Motion to Dismiss Walgreen Co.'s and the Kroger Co.'s Claims for Injunctive Relief"). filed by Par Pharmaceutical, Inc., Novartis Pharmaceuticals Corporation, (46 in 1:18-cv-05708-AKH, 59 in 1:18-cv-05603-AKH, 61 in 1:18-cv-05886-AKH, 51 in 1:18-cv-05536-AKH) MOTION for Leave to File Supplemental Brief in Opposition to Defendants' Partial Motion to Dismiss . filed by The Kroger Co., Walgreen CO, (33 in 1:18-cv-05708-AKH, 46 in 1:18-cv-05603-AKH, 36 in 1:18-cv-05536-AKH, 48 in 1:18-cv-05886-AKH) JOINT LETTER MOTION for Extension of Time re certain extensions to deadlines set forth in the Order dated September 5, 2018 (ECF No. 77) addressed to Judge Alvin K. Hellerstein from Julie A. North dated September 14, 2018. filed by Novartis AG, Novartis Pharmaceuticals Corporation., Motions terminated: (61 in 1:18-cv-05886-AKH) MOTION for Leave to File Supplemental Brief in Opposition to Defendants' Partial Motion to Dismiss . filed by The Kroger Co., Walgreen CO, (48 in 1:18-cv-05886-AKH) JOINT LETTER MOTION for Extension of Time re certain extensions to deadlines set forth in the Order dated September 5, 2018 (ECF No. 77) addressed to Judge Alvin K. Hellerstein from Julie A. North dated September 14, 2018. filed by Novartis AG, Novartis Pharmaceuticals Corporation. Defendants' partial motion to dismiss is granted. DPPs' per se Section 1 claim is dismissed. Walgreen Co. and the Kroger Co.'s claims for injunctive relief are dismissed. The following end-payor claims are dismissed: a. Statutory antitrust claims in the following jurisdictions with a statute of limitations three years or shorter: Kansas, Mississippi, and Tennessee; b. Unjust enrichment claims in the following jurisdictions with a statute of limitations three years or shorter: Alaska, Arkansas, Colorado, Delaware, District of Columbia, Kansas, Maryland, Massachusetts, Mississippi, Montana, New Hampshire, North Carolina, Oklahoma, Oregon, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Virginia, and Washington; c. Unjust enrichment claims in the following jurisdictions with a direct benefit pleading requirement: Alabama, Florida, Georgia, Idaho, Kentucky, Maine, Michigan, New Jersey, North Dakota, Pennsylvania, and Rhode Island; d. Unjust enrichment claims in the following jurisdictions that are precluded by state law restrictions, including restrictions on indirect purchaser antitrust suits: Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, Georgia, Idaho, Illinois, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Missouri, Montana, New Jersey, Oklahoma, Pennsylvania, Puerto Rico, South Carolina, Texas, Virginia, Washington, and Wyoming; e. Unjust enrichment claims in the following jurisdictions that are duplicative of otherwise pled state statutory claims: Arizona, California, District of Columbia, Florida, Hawaii, Iowa, Kansas, Maine, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, South Dakota, Tennessee, Utah, Vermont, West Virginia, and Wisconsin; f. Statutory antitrust claim brought in Illinois, where only the Attorney General may bring a class-action lawsuit on behalf of indirect purchasers, 740 Ill. Comp. Stat. Ann. 10/7(2). g. Statutory consumer protection claims brought in Massachusetts, which prohibits entities engaged in ''trade or commerce" are prohibited from pursuing indirect purchaser suits, Mass. Gen. Laws ch. 93A 9, 11; and h. Statutory consumer protection claims brought in Missouri, which allows only claims based on purchases made "primarily for personal, family, or household purposes," Mo. Rev. Stat. 407.025(1). Accordingly, DPPs' Section 1 (applying the rule of reason) and Section 2 Sherman Act claims remain. In addition, remaining in the action are end payor plaintiffs' statutory antitrust claims arising under the laws of Arizona, California, the District of Columbia, Hawaii, Iowa, Maine, Michigan, Minnesota, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, North Dakota, Oregon, South Dakota, Utah, Vermont, West Virginia, and Wisconsin. Also remaining is EPPs' Florida Deceptive and Unfair Trade Practices Act, Fla. Stat. 501.204, claim. The clerk shall terminate the following motions: 18-cv-4361, ECF 118; 18-cv-5536, ECF 36, 51; 18-cv-5603, ECF 46, 59; 18-cv-5708, ECF 33, 46; 18-cv-5886, ECF 48, 61; 18-cv-9861, ECF 17, 18. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/14/19) Filed In Associated Cases: 1:18-cv-04361-AKH et al.(yv)
August 9, 2019 Opinion or Order Filing 192 ORDER WITHDRAWING PLAINTIFFS' MOTION TO COMPEL THIRD PARTY ALEMBIC TO PRODUCE DOCUMENTS RESPONSIVE TO SUBPOENA. Plaintiffs' Motion to Withdraw its Motion to Compel third Party Alembic to Produce Documents Responsive to Subpoena is granted. IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel Third Party Alembic to Produce Documents Responsive to Subpoena filed herein on August 1, 2019 (Dkt. No. 177) is withdrawn from the record. The Clerk shall terminate the motions at ECF 187, 188. Withdrawing #177 Motion to Compel; Granting #187 Motion to Withdraw; Granting #188 Motion to Withdraw. (Signed by Judge Alvin K. Hellerstein on 8/9/2019) (rjm)
August 8, 2019 Opinion or Order Filing 191 ORDER FOR ADMISSION PRO HAC VICE granting #186 Motion for Andrew W. Kelly to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 8/8/2019) (rjm)
August 8, 2019 Opinion or Order Filing 190 ORDER FOR ADMISSION PRO HAC VICE granting #185 Motion for Stuart E. Des Roches to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 8/8/2019) (rjm)
August 8, 2019 Opinion or Order Filing 189 ORDER FOR ADMISSION PRO HAC VICE granting #183 Motion for Christopher Letter to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 8/8/2019) (rjm)
August 8, 2019 Opinion or Order Filing 188 MOTION to Withdraw #177 MOTION to Compel Alembic Pharmaceuticals, Inc. to Comply with Subpoena . . Document filed by Drogueria Betances, LLC. (Attachments: #1 Text of Proposed Order)(Raphael, David)
August 8, 2019 Opinion or Order Filing 187 MOTION to Withdraw Plaintiffs Motion to Compel Third Party Alembic to Produce Documents Responsive to Subpoena. Document filed by Drogueria Betances, LLC. (Attachments: #1 Text of Proposed Order)(Raphael, David)
August 7, 2019 Opinion or Order Filing 186 MOTION for Andrew William Kelly to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Drogueria Betances, LLC. (Attachments: #1 Affidavit Affidavit of Andrew Kelly in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing - Andrew Kelly, #3 Order for Admission Pro Hac Vice - Andrew Kelly)(Kelly, Andrew)
August 7, 2019 Opinion or Order Filing 185 MOTION for Stuart Edward Des Roches to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17387890. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Drogueria Betances, LLC. (Attachments: #1 Affidavit Affidavit of Stuart E. Des Roches in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing - Stuart Des Roches, #3 Text of Proposed Order Order for Admission Pro Hac Vice - Stuart Des Roches)(Des Roches, Stuart)
August 7, 2019 Opinion or Order Filing 184 ORDER FOR ADMISSION PRO HAC VICE granting #181 Motion for Christopher Taylor Stow-Serge to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 8/6/2019) (mro)
August 7, 2019 Opinion or Order Filing 183 MOTION for Christopher Letter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17387335. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Drogueria Betances, LLC. (Attachments: #1 Affidavit Affidavit of Christopher Letter in Support of Motion for Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Order for Admission Pro Hac Vice - Chris Letter)(Letter, Chris)
August 7, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #185 MOTION for Stuart Edward Des Roches to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17387890. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 7, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #186 MOTION for Andrew William Kelly 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)
August 7, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #183 MOTION for Christopher Letter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17387335. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 6, 2019 Opinion or Order Filing 182 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andrew William Kelly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17382788. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Drogueria Betances, LLC. (Attachments: #1 Affidavit Affidavit of Andrew W. Kelly in Support for Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing LA - Andrew Kelly, #3 Exhibit Certificate of Good Standing CA - Andrew Kelly, #4 Text of Proposed Order Order for Admission Pro Hac Vice - Andrew Kelly)(Kelly, Andrew) Modified on 8/6/2019 (wb).
August 6, 2019 Opinion or Order Filing 181 MOTION for Christopher Taylor Stow-Serge to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17381342. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Drogueria Betances, LLC. (Attachments: #1 Affidavit Affidavit of Christopher Stow-Serge in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Order for Admission Pro Hac Vice)(Stow-Serge, Christopher)
August 6, 2019 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #182 MOTION for Andrew William Kelly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17382788. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. 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)
August 6, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #181 MOTION for Christopher Taylor Stow-Serge to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17381342. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
August 2, 2019 Opinion or Order Filing 180 ORDER FOR ADMISSION PRO HAC VICE granting #176 Motion for Tianran Song to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 8/2/2019) (ne)
August 1, 2019 Opinion or Order Filing 179 DECLARATION of Dan Litvin in Support re: #177 MOTION to Compel Alembic Pharmaceuticals, Inc. to Comply with Subpoena .. Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Litvin, Dan)
August 1, 2019 Opinion or Order Filing 178 MEMORANDUM OF LAW in Support re: #177 MOTION to Compel Alembic Pharmaceuticals, Inc. to Comply with Subpoena . . Document filed by Drogueria Betances, LLC. (Litvin, Dan)
August 1, 2019 Opinion or Order Filing 177 MOTION to Compel Alembic Pharmaceuticals, Inc. to Comply with Subpoena . Document filed by Drogueria Betances, LLC. (Attachments: #1 Text of Proposed Order Proposed Order)(Litvin, Dan)
August 1, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #176 MOTION for Tianran Song to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17349539. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 31, 2019 Opinion or Order Filing 176 MOTION for Tianran Song to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17349539. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by UFCW Local 1500 Welfare Fund. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Song, Tianran)
July 30, 2019 Opinion or Order Filing 175 ORDER FOR ADMISSION PRO HAC VICE granting #174 Motion for Dan Chiorean to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 7/30/2019) (ne)
July 29, 2019 Opinion or Order Filing 174 MOTION for Dan Chiorean to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17331388. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Drogueria Betances, LLC. (Attachments: #1 Affidavit Affidavit of Dan Chiorean, #2 Exhibit Certificate of Good Standing - Dan Chiorean, #3 Text of Proposed Order Proposed Order Granting Admission Pro Hac Vice - Dan Chiorean)(Chiorean, Dan)
July 29, 2019 Opinion or Order Filing 173 MEMO ENDORSEMENT on re: #169 Letter, filed by Novartis Pharmaceuticals Corporation. ENDORSEMENT: Defendants' request for production of plaintiffs' correspondence with the third parties subpoenaed is upheld, and plaintiffs' objections are overruled. The request is relevant, appropriately limited, and does not impose undue burden. So ordered. (Signed by Judge Alvin K. Hellerstein on 7/29/2019) (ne)
July 29, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #174 MOTION for Dan Chiorean to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17331388. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 3, 2019 Opinion or Order Filing 172 NOTICE of Defendants' Response to Retailer Plaintiffs' Notice of Supplemental Authority re: #168 Notice (Other),. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. (Ryan, Thomas)
July 3, 2019 Opinion or Order Filing 171 MEMO ENDORSEMENT granting #170 Motion to Withdraw as Attorney. ENDORSEMENT: So ordered. Attorney Miranda Yan Jones terminated. (Signed by Judge Alvin K. Hellerstein on 7/3/2019) (ne)
July 2, 2019 Opinion or Order Filing 170 MOTION for Miranda Y. Jones to Withdraw as Attorney . Document filed by Drogueria Betances, LLC.(Chorush, Russell)
June 27, 2019 Opinion or Order Filing 169 JOINT LETTER addressed to Judge Alvin K. Hellerstein from All Parties Pursuant to Rule 2.E of the Individual Rules of the Honorable Alvin K. Hellerstein dated June 27, 2019 re: Dispute about production of all subpoena-related correspondence with third parties. Document filed by Novartis Pharmaceuticals Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:18-cv-04361-AKH et al.(North, Julie)
June 24, 2019 Opinion or Order Filing 168 NOTICE of Supplemental Authority re: (118 in 1:18-cv-04361-AKH) MOTION to Dismiss ("Defendants' Notice of Motion to Dismiss Walgreen Co.'s and the Kroger Co.'s Claims for Injunctive Relief").. Document filed by CVS Pharmacy, Inc., H-E-B LP, Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,, The Kroger Co., Walgreen CO. (Attachments: #1 Exhibit Supplemental Authority)Filed In Associated Cases: 1:18-cv-04361-AKH et al.(Perwin, Scott)
June 18, 2019 Opinion or Order Filing 167 ORDER ON DISCOVERY: A theory of damages that extending years after generic entry may ultimately prove insufficiently reliable. Nevertheless, in light of some potential price reduction beyond that threshold and an absence of undue burden of production, plaintiffs may consider the additional sales data in developing their theory. Accordingly, defendants shall produce branded and generic Exforge sales data through 2017. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/18/2019) Filed In Associated Cases: 1:18-cv-04361-AKH et al.(anc)
June 10, 2019 Opinion or Order Filing 166 JOINT LETTER addressed to Judge Alvin K. Hellerstein from All Parties Pursuant to Rule 2.E of the Individual Rules of the Honorable Alvin K. Hellerstein dated June 10, 2019 re: Dispute about date range for production of certain of Defendants' data. Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:18-cv-04361-AKH et al.(Litvin, Dan)
June 6, 2019 Opinion or Order Filing 165 ORDER ON DISCOVERY. Accordingly, Novartis shall produce documents concerning revenues, quantities sold, prices charged per unit, profits, direct expenses, per year amortization of development costs, and useful life of AGs launched between January 1, 2010 and March 31, 2015. Novartis shall also produce documents related to business plans, pricing plans, financial projections, and consolidating work papers for AGs launched during the same period. With respect to Request No. 13, the relatively narrow scope of the inquiry justifies larger timeframe. Novartis shall conduct a reasonable inquiry and produce to plaintiffs a list of branded products sold by Novartis, for which AG versions were launched between January 1, 2000 and December 31, 2015, and the dates of the AG launches. So ordered. (Signed by Judge Alvin K. Hellerstein on 6/6/2019) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (rjm)
June 6, 2019 Opinion or Order Filing 164 ORDER DENYING MOTION TO COMPEL. Plaintiffs move for an order compelling non- party Mylan Pharmaceuticals, Inc. ("Mylan") to produce various documents. Mylan's May 24, 2019 production of 35,000 documents, identified in its May 31, 2019 memorandum in opposition to plaintiffs' motion, is sufficient. Further custodial searches and additional manufacturing discovery are disproportional, unduly burdensome, and, thus, unwarranted at this juncture. To the extent that plaintiffs seek to compel further production, their motion is denied. Plaintiffs have leave to renew their motion upon a further showing that this production is insufficient. The clerk is instructed to terminate the motion (ECF 156). So ordered. Denying #156 Motion to Compel in case 1:18-cv-04361-AKH. (Signed by Judge Alvin K. Hellerstein on 6/6/2019). Filed In Associated Cases: 1:18-cv-04361-AKH et al. (rjm).
May 31, 2019 Opinion or Order Filing 163 DECLARATION of BRENDAN J. COFFMAN in Opposition re: #156 MOTION to Compel Mylan Pharmaceuticals, Inc. to Produce Documents in Response to Rule 45 Subpoena .. Document filed by Mylan Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Waszmer, Wendy)
May 31, 2019 Opinion or Order Filing 162 MEMORANDUM OF LAW in Opposition re: #156 MOTION to Compel Mylan Pharmaceuticals, Inc. to Produce Documents in Response to Rule 45 Subpoena . . Document filed by Mylan Pharmaceuticals, Inc.. (Waszmer, Wendy)
May 28, 2019 Opinion or Order Filing 161 JOINT STIPULATION AND ORDER: ACCORDINGLY, IT IS HEREBY STIPULATED AND ORDERED THAT: Defendants' Motions to Dismiss shall constitute a response to the Amended Complaint on behalf of Novartis AG, and all briefing on the Motions to Dismiss (which are fully briefed) will apply with equal force to the claims made in the Amended Complaint, without any further briefing. Novartis AG shall be subject to and bound by the Court's decisions on the pending Motions to Dismiss with respect to the Amended Complaint. All Requests for the Production of Documents previously served on Novartis Pharmaceuticals Corporation by Plaintiffs shall be deemed served on Novartis AG by Plaintiffs. Novartis Defendants' Responses and Objections to the Requests for Production of Documents, served on October 25, 2018, shall be deemed to have been served on Plaintiffs by Novartis AG. All Interrogatories previously served on Novartis Pharmaceuticals Corporation by Plaintiffs shall be deemed served on Novartis AG by Plaintiffs. Novartis Defendants' Responses and Objections to Plaintiffs' First Set of Interrogatories, served on February 28, 2019, shall be deemed to have been served on Plaintiffs by Novartis AG. Except as expressly modified herein or in any previous or subsequent Order, the Court's August 3, 2018 Order (Case No. 1:18-cv-04361-AKH, ECF No. 59) remains in effect. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/28/2019) (ne)
May 23, 2019 Opinion or Order Filing 160 PROPOSED STIPULATION AND ORDER. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (North, Julie)
May 20, 2019 Opinion or Order Filing 159 JOINT STIPULATION AND ORDER: Defendants' Motions to Dismiss shall constitute a response to the Amended Complaint on behalf of Novartis AG, and all briefing on the Motions to Dismiss (which are fully briefed) will apply with equal force to the claims made in the Amended Complaint, without any further briefing. Novartis AG shall be subject to and bound by the Court's decisions on the pending Motions to Dismiss with respect to the Amended Complaint. All Requests for the Production of Documents previously served on Novartis Pharmaceuticals Corporation by Plaintiffs shall be deemed served on Novartis AG by Plaintiffs. Novartis Defendants' Responses and Objections to the Requests for Production of Documents, served on October 25, 2018, shall be deemed to have been served on Plaintiffs by Novartis AG. Except as expressly modified herein or in any previous or subsequent Order, the Court's August 3, 2018 Order (Case No. l:18-cv-04361-AKH, ECF No. 59) remains in effect. (As further set forth in this stipulation) (Signed by Judge Alvin K. Hellerstein on 5/17/2019) (ne)
May 17, 2019 Opinion or Order Filing 158 DECLARATION of Dan Litvin in Support re: #156 MOTION to Compel Mylan Pharmaceuticals, Inc. to Produce Documents in Response to Rule 45 Subpoena .. Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Litvin, Dan)
May 17, 2019 Opinion or Order Filing 157 MEMORANDUM OF LAW in Support re: #156 MOTION to Compel Mylan Pharmaceuticals, Inc. to Produce Documents in Response to Rule 45 Subpoena . . Document filed by Drogueria Betances, LLC. (Litvin, Dan)
May 17, 2019 Opinion or Order Filing 156 MOTION to Compel Mylan Pharmaceuticals, Inc. to Produce Documents in Response to Rule 45 Subpoena . Document filed by Drogueria Betances, LLC. (Attachments: #1 Text of Proposed Order)(Litvin, Dan)
May 17, 2019 Opinion or Order Filing 155 PROPOSED STIPULATION AND ORDER. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (North, Julie)
May 1, 2019 Opinion or Order Filing 154 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(i): Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), Plaintiff Turlock Irrigation District, by and through its undersigned counsel, voluntarily dismisses this action without prejudice and with each party bearing is own costs, expenses and attorneys' fees. Defendants have not answered Plaintiff Turlock Irrigation District's Complaint or moved for summary judgment. No class has been certified. So ordered. (Signed by Judge Alvin K. Hellerstein on 5/1/2019) Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-06776-AKH(ne)
May 1, 2019 Opinion or Order ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #153 Notice of Voluntary Dismissal was reviewed and referred to Judge Alvin K. Hellerstein for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
April 30, 2019 Opinion or Order Filing 153 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. Document filed by Turlock Irrigation District. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Elman, Deborah)
April 22, 2019 Opinion or Order Filing 152 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Dan Litvin dated April 22, 2019 re: Discovery Dispute Concerning Authorized Generic Drugs. Document filed by Drogueria Betances, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Litvin, Dan)
April 15, 2019 Opinion or Order Filing 151 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/27/19 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)
April 15, 2019 Opinion or Order Filing 150 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/27/2019 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Steven Griffing, (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 5/6/2019. Redacted Transcript Deadline set for 5/16/2019. Release of Transcript Restriction set for 7/15/2019.(McGuirk, Kelly)
April 10, 2019 Opinion or Order Filing 149 LETTER addressed to Judge Alvin K. Hellerstein from Defendants dated April 10, 2019 re: Defendants' Response to EPPs' April 3, 2019 Letter. Document filed by Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. (Attachments: #1 Text of Proposed Order)(Ryan, Thomas)
April 8, 2019 Opinion or Order Filing 148 ORDER ADMITTING COUNSEL PRO HAC VICE granting #145 Motion for Ralph C. Otis V to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 4/5/2019) (ne)
April 4, 2019 Opinion or Order Filing 147 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Rite Aid Corporation for Rite Aid Hdqtrs. Corp.,; Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc.. Document filed by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,.(Bloom, Eric)
April 4, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #145 MOTION for Ralph C. Otis V to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16616830. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
April 3, 2019 Opinion or Order Filing 146 LETTER addressed to Judge Alvin K. Hellerstein from End-Payor Plaintiffs dated April 3, 2019 re: EPP Responses to Court regarding Questions Posed during MTD Hearing. Document filed by Law Enforcement Health Benefits Inc., Turlock Irrigation District, UFCW Local 1500 Welfare Fund. (Attachments: #1 Exhibit A)(Elman, Deborah)
April 3, 2019 Opinion or Order Filing 145 MOTION for Ralph C. Otis V to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16616830. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Par Pharmaceutical, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Otis V, Ralph)
April 3, 2019 Opinion or Order Filing 144 ELECTRONIC AMENDED SUMMONS ISSUED as to Novartis AG. (jgo)
April 2, 2019 Opinion or Order Filing 143 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Novartis AG, re: #139 Amended Complaint,. Document filed by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,. (Bloom, Eric)
April 2, 2019 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Eric L Bloom to RE-FILE Document #141 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
April 1, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Eric L Bloom to RE-FILE Document No. #142 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; the PDF must say 'Amended'. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
March 29, 2019 Opinion or Order Filing 142 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to Novartis AG, re: #139 Amended Complaint,. Document filed by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,. (Bloom, Eric) Modified on 4/1/2019 (jgo).
March 29, 2019 Opinion or Order Filing 141 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.(Bloom, Eric) Modified on 4/2/2019 (ldi).
March 27, 2019 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 3/27/2019 re: #118 MOTION to Dismiss ("Defendants' Notice of Motion to Dismiss Walgreen Co.'s and the Kroger Co.'s Claims for Injunctive Relief"). filed by Par Pharmaceutical, Inc., Novartis Pharmaceuticals Corporation. Decision reserved. (Court Reporter Steven Griffing) (Jones, Brigitte)
March 27, 2019 Opinion or Order Filing 140 JOINT STIPULATION AND ORDER FOR PRETRIAL CONSOLIDATION: The Kinney Action shall be docketed under Docket No. 18-cv-04361 and deemed consolidated for all purposes with the Direct Purchaser Class Actions pursuant to Fed. R. Civ. P. 42(a). The operative complaint in the Direct Purchaser Class Actions is the Direct Purchaser CAC and Defendants need not respond to the complaint in the Kinney Action. Kinney shall be subject to and bound by the Court's decision on the pending Partial Motion to Dismiss. (As further set forth in this stipulation) SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/27/2019) (ne)
March 26, 2019 Opinion or Order Filing 139 AMENDED COMPLAINT amending #138 Amended Complaint, against Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc. with JURY DEMAND.Document filed by CVS Pharmacy, Inc., Rite Aid Hdqtrs. Corp.,, Rite Aid Corporation. Related document: #138 Amended Complaint,.(Bloom, Eric)
March 26, 2019 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Eric L Bloom to RE-FILE Document No. #138 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected. Select only the parties listed on the pleading caption;. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
March 25, 2019 Opinion or Order Filing 138 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending #1 Complaint, against Novartis AG, Novartis Corporation, Novartis Pharmaceuticals Corporation, Par Pharmaceutical Industries, Inc, Par Pharmaceutical, Inc., Par Pharmaceuticals, Inc. with JURY DEMAND.Document filed by Rite Aid Hdqtrs. Corp.,, Rite Aid Corporation, CVS Pharmacy, Inc.. Related document: #1 Complaint,.(Bloom, Eric) Modified on 3/26/2019 (jgo).
March 25, 2019 Opinion or Order Filing 137 STIPULATION AND ORDER REGARDING AMENDED COMPLAINT: Pursuant to Federal Rule of Civil Procedure 15(a)(2), Defendants consent to the filing of the Amended Complaint attached hereto as Exhibit 1 ("Amended Complaint"). This consent shall in no way be deemed an admission of any allegations in the Amended Complaint or of the sufficiency of the Amended Complaint to state a claim, in whole or in part. CVS Pharmacy shall be deemed a party to and bound by the Joint Stipulation and Order for Pretrial Coordination. CVS Pharmacy, Rite Aid Corporation and Rite Aid Hdqtrs. Corp., shall be deemed included in the definition of "Rite Aid" in the Joint Stipulation and Order for Pretrial Coordination. Defendants' Partial Motion to Dismiss the Direct Purchaser Consolidated Amended Complaint and the End-Payor Consolidated Amended Complaint (Case No. l:18-cv-04361-AKH, Docs. 85, 86) and Motion to Dismiss Walgreen Co.'s and The Kroger Co.'s Claims for Injunctive Relief (Case No. 1: 18-cv-04361-AKH, Docs. 118, 119) (together, the "Motions to Dismiss") shall constitute a response to the Amended Complaint, and all briefing on the Motions to Dismiss (which are fully briefed) will apply with equal force to the claims made in the Amended Complaint, without any further briefing. For the avoidance of doubt, CVS Pharmacy shall be subject to and bound by the Court's decisions on the pending Motions to Dismiss. (As further set forth in this Stipulation) (Signed by Judge Alvin K. Hellerstein on 3/25/2019) (ne)
March 25, 2019 Opinion or Order Filing 136 ORDER FOR ADMISSION PRO HAC VICE granting (133) Motion for Jessica N. Servais to Appear Pro Hac Vice in case 1:18-cv-04361-AKH. (Signed by Judge Alvin K. Hellerstein on 3/19/2019) Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05603-AKH (ne)
March 25, 2019 Opinion or Order Filing 135 ORDER FOR ADMISSION PRO HAC VICE granting #132 Motion for Eric L. Bloom to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 3/25/2019) (ne)
March 25, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #133 MOTION for Jessica N. Servais to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16547274. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
March 22, 2019 Opinion or Order Filing 134 PROPOSED STIPULATION AND ORDER. Document filed by Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,. (Attachments: #1 Exhibit Amended Complaint) (Egervary, Alexander)
March 22, 2019 Opinion or Order Filing 133 MOTION for Jessica N. Servais to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16547274. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Turlock Irrigation District. (Attachments: #1 Affidavit of Jessica N. Servais in support of Motion for Pro Hac Vice Admission, #2 Text of Proposed Order Proposed Order, #3 Certificate of Good Standing - Minnesota, #4 Certificate of Good Standing - Wisconsin)(Servais, Jessica)
March 22, 2019 Opinion or Order Filing 132 MOTION for Eric L. Bloom to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16545728. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rite Aid Corporation, Rite Aid Hdqtrs. Corp.,. (Attachments: #1 Affidavit and Certificate of Good Standing, #2 Text of Proposed Order)(Bloom, Eric)
March 22, 2019 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #132 MOTION for Eric L. Bloom to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16545728. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
February 5, 2019 Opinion or Order Filing 131 ENDORSED LETTER addressed to Concerned Parties from Brigitte Jones, Courtroom Deputy by Order of Judge Alvin K. Hellerstein dated 2/5/2019 re: You are hereby notified that you are required to appear for an oral argument. Date: March 27, 2019 Time: 11:00 a.m. Place: U.S. Courthouse - Southern District of New York 500 Pearl Street Courtroom 14D New York, New York 10007 It is ORDERED that counsel to whom this Order is sent is responsible for faxing a copy to all counsel involved in this case and retaining verification of such in the case file. Do not fax such verification to Chambers. ENDORSEMENT: So Ordered. (Oral Argument set for 3/27/2019 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/5/2019) (ne)
January 30, 2019 Opinion or Order Filing 130 AMENDED COMPLAINT amending #1 Complaint, against Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc. with JURY DEMAND.Document filed by Walgreen CO, The Kroger Co., H-E-B LP. Related document: #1 Complaint,.(Perwin, Scott)
January 30, 2019 Opinion or Order Filing 129 STIPULATION AND ORDER REGARDING AMENDED COMPLAINT: ACCORDINGLY, IT IS HEREBY STIPULATED AND ORDERED THAT: Pursuant to Federal Rule of Civil Procedure 15(a)(2), Defendants consent to the filing of the Amended Complaint attached hereto as Exhibit 1 ("Amended Complaint"). This consent shall in no way be deemed an admission of any allegations in the Amended Complaint or of the sufficiency of the Amended Complaint to state a claim, in whole or in part. HEB shall be deemed a party to and bound by the Joint Stipulation and Order for Pretrial Coordination. HEB shall be deemed included in the definition of "Retailer Plaintiffs" in the Joint Stipulation and Order for Pretrial Coordination. (As further set forth in this stipulation) SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/29/2019) (ne)
January 29, 2019 Opinion or Order Filing 128 PROPOSED STIPULATION AND ORDER. Document filed by The Kroger Co., Walgreen CO. (Attachments: #1 Exhibit Amended Complaint) (Perwin, Scott)
January 25, 2019 Opinion or Order Filing 127 JOINT STIPULATION AND ORDER FOR PRETRIAL COORDINATION: ACCORDINGLY, IT IS HEREBY STIPULATED AND ORDERED THAT: The Rite Aid Action is hereby coordinated with the Coordinated Actions for purposes of discovery and pretrial proceedings to the extent practicable, and the files of such actions shall be maintained in one file under Docket No. 18-cv-04361. The Complaint in the Rite Aid Action shall be deemed served on Defendants as of the date of entry of this Order. The Rite Aid Action is voluntarily dismissed without prejudice as against ONLY Novartis Corporation, Endo Pharmaceuticals Inc. and Endo International plc, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). (As further set forth in this stipulation) Endo Pharmaceuticals, Inc., Novartis Corporation, Endo International PLC and Endo Pharmaceuticals, Inc. terminated. (Signed by Judge Alvin K. Hellerstein on 1/25/2019) (ne)
January 22, 2019 Opinion or Order Filing 126 PROPOSED STIPULATION AND ORDER. Document filed by Par Pharmaceutical, Inc.. (Ryan, Thomas)
December 27, 2018 Opinion or Order Filing 125 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Julie A. North dated December 27, 2018 re: Pretrial Coordination. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation.(North, Julie)
December 20, 2018 Opinion or Order Filing 124 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 11/8/18 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)
December 20, 2018 Opinion or Order Filing 123 TRANSCRIPT of Proceedings re: confernece held on 11/8/2018 before Judge Alvin K. Hellerstein. 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 1/10/2019. Redacted Transcript Deadline set for 1/22/2019. Release of Transcript Restriction set for 3/20/2019.(McGuirk, Kelly)
November 21, 2018 Opinion or Order Filing 122 BRIEF re: (35 in 1:18-cv-05708-AKH, 86 in 1:18-cv-04361-AKH, 50 in 1:18-cv-05886-AKH) Brief, (114 in 1:18-cv-04361-AKH, 64 in 1:18-cv-05886-AKH, 49 in 1:18-cv-05708-AKH) Memorandum of Law in Opposition to Motion, (101 in 1:18-cv-04361-AKH) Brief, ("Defendants' Reply to Direct Purchaser Plaintiffs' Opposition to Defendants' Partial Motion to Dismiss and Walgreen Co.'s and the Kroger Co.'s Supplemental Opposition to Defendants' Partial Motion to Dismiss"). Document filed by Novartis AG, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc..Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05708-AKH, 1:18-cv-05886-AKH(North, Julie)
November 21, 2018 Opinion or Order Filing 121 BRIEF re: (46 in 1:18-cv-05536-AKH, 54 in 1:18-cv-05603-AKH, 28 in 1:18-cv-06776-AKH, 102 in 1:18-cv-04361-AKH) Brief, (86 in 1:18-cv-04361-AKH, 21 in 1:18-cv-06776-AKH, 48 in 1:18-cv-05603-AKH, 38 in 1:18-cv-05536-AKH) Brief, ("Defendants' Reply to End-Payor Plaintiffs' Opposition to Defendants' Partial Motion to Dismiss End-Payor Plaintiffs' Consolidated Amended Complaint"). Document filed by Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc..Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05536-AKH, 1:18-cv-05603-AKH, 1:18-cv-06776-AKH(North, Julie)
November 13, 2018 Opinion or Order Filing 120 MEMORANDUM OF LAW in Opposition re: #117 MOTION to Dismiss ("Defendants' Notice of Motion to Dismiss Walgreen Co.'s and the Kroger Co.'s Claims for Injunctive Relief"). . Document filed by The Kroger Co., Walgreen CO. (Perwin, Scott)
November 9, 2018 Opinion or Order Filing 119 MEMORANDUM OF LAW in Support re: #118 MOTION to Dismiss ("Defendants' Notice of Motion to Dismiss Walgreen Co.'s and the Kroger Co.'s Claims for Injunctive Relief"). . Document filed by Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. (North, Julie)
November 9, 2018 Opinion or Order Filing 118 MOTION to Dismiss ("Defendants' Notice of Motion to Dismiss Walgreen Co.'s and the Kroger Co.'s Claims for Injunctive Relief"). Document filed by Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc..(North, Julie)
November 9, 2018 Opinion or Order Filing 117 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #118 Motion) - MOTION to Dismiss ("Defendants' Notice of Motion to Dismiss Walgreen Co.'s and the Kroger Co.'s Claims for Injunctive Relief"). Document filed by Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc.. (Attachments: #1 Memorandum of Law in Support of Defendants' Motion to Dismiss Walgreen Co.'s and the Kroger Co.'s Claims for Injunctive Relief)(North, Julie) Modified on 12/27/2018 (db).
November 9, 2018 Opinion or Order Filing 116 ORDER FOR ADMISSION PRO HAC VICE granting (115) Motion for Kelly L. Tucker to Appear Pro Hac Vice in case 1:18-cv-04361-AKH. (Signed by Judge Alvin K. Hellerstein on 11/9/2018) Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05603-AKH (ne)
November 8, 2018 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 11/8/2018, ( Status Conference set for 9/5/2019 at 02:30 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). Associated Cases: 1:18-cv-04361-AKH et al.(Jones, Brigitte)
November 8, 2018 Opinion or Order Filing 115 MOTION for Kelly L. Tucker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15884291. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Law Enforcement Health Benefits Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Certificates of Good Standing)(Tucker, Kelly)
November 8, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #115 MOTION for Kelly L. Tucker to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15884291. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
November 7, 2018 Opinion or Order Filing 114 SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: (46 in 1:18-cv-05708-AKH, 59 in 1:18-cv-05603-AKH, 61 in 1:18-cv-05886-AKH, 108 in 1:18-cv-04361-AKH, 51 in 1:18-cv-05536-AKH, 33 in 1:18-cv-06776-AKH) MOTION for Leave to File Supplemental Brief in Opposition to Defendants' Partial Motion to Dismiss . . Document filed by The Kroger Co., Walgreen CO. Filed In Associated Cases: 1:18-cv-04361-AKH et al.(Perwin, Scott)
November 6, 2018 Opinion or Order Filing 113 MEMO ENDORSEMENT granting #108 Motion for Leave to File Document. ENDORSEMENT: So ordered. (Signed by Judge Alvin K. Hellerstein on 11/6/2018) (ne)
November 5, 2018 Opinion or Order Filing 112 JOINT STIPULATION AND ORDER FOR PRETRIAL COORDINATION: ACCORDINGLY, IT IS HEREBY STIPULATED AND ORDERED THAT: 1. The Retailer Plaintiff Action is hereby coordinated with the Coordinated Actions for purposes of discovery and pretrial proceedings to the extent practicable, and the files of such actions shall be maintained in one file under Docket No. 18-cv-04361. 8. The Retailer Plaintiff Action is voluntarily dismissed without prejudice as against ONLY Novartis Corporation, Endo Pharmaceuticals Inc. and Endo International plc, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). So Ordered. (As further set forth in this stipulation) Endo International PLC and Novartis Corporation terminated. (Signed by Judge Alvin K. Hellerstein on 11/5/2018) Filed In Associated Cases: 1:18-cv-04361-AKH et al.(ne)
November 5, 2018 Opinion or Order Filing 111 MEMO ENDORSEMENT on re: #110 Letter filed by Novartis AG, Novartis Pharmaceuticals Corporation. ENDORSEMENT: So ordered. (Replies due by 11/21/2018.) (Signed by Judge Alvin K. Hellerstein on 11/5/2018) (ne)
November 2, 2018 Opinion or Order Filing 110 JOINT LETTER addressed to Judge Alvin K. Hellerstein from Julie A. North dated November 2, 2018 re: Pretrial Coordination and Request for Extension. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation.(North, Julie)
October 31, 2018 Opinion or Order Filing 109 ORDER ADMITTING COUNSEL PRO HAC VICE granting (107) Motion for Thomas W. Ryan to Appear Pro Hac Vice in case 1:18-cv-04361-AKH. (Signed by Judge Alvin K. Hellerstein on 10/31/2018) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (ne)
October 30, 2018 Opinion or Order Filing 108 MOTION for Leave to File Supplemental Brief in Opposition to Defendants' Partial Motion to Dismiss . Document filed by Walgreen CO, The Kroger Co.. (Attachments: #1 Supplement Brief)Filed In Associated Cases: 1:18-cv-04361-AKH et al.(Perwin, Scott)
October 30, 2018 Opinion or Order Filing 107 MOTION for Thomas W. Ryan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15831973. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Par Pharmaceutical, Inc.. (Attachments: #1 Affidavit Affidavit Thomas Ryan, #2 Text of Proposed Order Proposed Order)(Ryan, Thomas)
October 30, 2018 Opinion or Order Filing 106 SCHEDULING ORDER: The Court wishes to have a better understanding of the pending cases, the pending motion to dismiss (ECF 85), and whether it would be appropriate to appoint a lead counsel. Accordingly, a status conference will be held on November 8, 2018, at 2:30 p.m. (Status Conference set for 11/8/2018 at 02:30 PM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/29/2018) (ne)
October 30, 2018 Opinion or Order Filing 105 ORDER FOR ADMISSION PRO HAC VICE granting (92) Motion for David Francis Sorensen to Appear Pro Hac Vice in case 1:18-cv-04361-AKH. (Signed by Judge Alvin K. Hellerstein on 10/29/2018) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (ne)
October 30, 2018 Opinion or Order Filing 104 ORDER FOR ADMISSION PRO HAC VICE granting (96) Motion for John Gerard Albanese to Appear Pro Hac Vice in case 1:18-cv-04361-AKH. (Signed by Judge Alvin K. Hellerstein on 10/29/2018) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (ne)
October 30, 2018 Opinion or Order Filing 103 ORDER FOR ADMISSION PRO HAC VICE granting (93) Motion for Caitlin G. Coslett to Appear Pro Hac Vice in case 1:18-cv-04361-AKH. (Signed by Judge Alvin K. Hellerstein on 10/29/2018) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (ne)
October 30, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #107 MOTION for Thomas W. Ryan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15831973. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
October 24, 2018 Opinion or Order Filing 102 BRIEF re: (86 in 1:18-cv-04361-AKH) Brief, (85 in 1:18-cv-04361-AKH) Notice (Other) End-Payor Plaintiffs Opposition To Defendants Partial Motion to Dismiss End-Payor Plaintiffs Consolidated Amended Complaint. Document filed by UFCW Local 1500 Welfare Fund.Filed In Associated Cases: 1:18-cv-04361-AKH et al.(Asciolla, Gregory)
October 24, 2018 Opinion or Order Filing 101 BRIEF re: #85 Notice (Other), #86 Brief, DIRECT PURCHASER PLAINTIFFS OPPOSITION TO DEFENDANTS PARTIAL MOTION TO DISMISS PLAINTIFFS CONSOLIDATED AMENDED COMPLAINT. Document filed by Drogueria Betances, LLC, FWK HOLDINGS, LLC, Rochester Drug Co-Operative, Inc..(Litvin, Dan)
October 24, 2018 Opinion or Order Filing 100 NOTICE OF APPEARANCE by Brian Robert Morrison on behalf of UFCW Local 1500 Welfare Fund. Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05536-AKH(Morrison, Brian)
October 24, 2018 Opinion or Order Filing 99 NOTICE OF APPEARANCE by Jonathan Scott Crevier on behalf of UFCW Local 1500 Welfare Fund. Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05536-AKH(Crevier, Jonathan)
October 15, 2018 Opinion or Order Filing 98 ORDER FOR ADMISSION PRO HAC VICE granting (97) Motion for Amy E. McDonnell to Appear Pro Hac Vice in case 1:18-cv-04361-AKH. (Signed by Judge Alvin K. Hellerstein on 10/15/2018) Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-06776-AKH (jca)
October 15, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #97 MOTION for Amy E. McDonnell 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)
October 12, 2018 Opinion or Order Filing 97 MOTION for Amy E. McDonnell to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Turlock Irrigation District. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Certificates of Good Standing)(McDonnell, Amy)
September 26, 2018 Opinion or Order Filing 96 MOTION for John Gerard Albanese to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15622124. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rochester Drug Co-Operative, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Albanese, John)
September 26, 2018 Opinion or Order Filing 95 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...In addition, counsel of record for the Parties shall be required, without violating this Order, to retain pleadings, affidavits, motions, briefs, expert reports (and exhibits thereto), correspondence (including internal correspondence and e-mail), any other papers filed with the Court (including exhibits), deposition transcripts, and the trial record (including exhibits) even if such materials contain or describe Confidential Material or Highly Confidential Material, so long as this Order will continue to govern any such retained materials. SO ORDERED, as amended (see Paragraph 12) (Signed by Judge Alvin K. Hellerstein on 9/26/2018) Filed In Associated Cases: 1:18-cv-04361-AKH et al.(ne)
September 26, 2018 Opinion or Order Filing 94 ORDER REGARDING THE PROTOCOL FOR PRODUCTION OF ELECTRONICALLY STORED INFORMATION AND HARD COPY DOCUMENTS: IT IS HEREBY ORDERED: 1. DEFINITIONS 1.1 "Action" means In re Novartis, Par and Endo Antitrust Litigation, No. 18-cv-04361-AKH and all cases consolidated with that matter. 1.2 "Document" shall have the meaning contemplated by Rule 26.3(c)(2) of the Local Rules of the United States District Court for the Southern District of New York ("Local Rules") and Federal Rule of Civil Procedure 34(a)(l)(A). A draft or non-identical copy is a separate document within the meaning of this term. Documents shall be subject to the terms of the Protective Order entered by the Court, as well as Federal Rule of Civil Procedure 26(b)(5)(B). Nothing herein shall preclude any Party from seeking to amend this Order in writing, provided, however, that no Party may seek relief from the Court concerning compliance with the Order until that Party has met and conferred in good faith with all Parties involved in the dispute. (As further set forth in this Order). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 9/26/2018) Filed In Associated Cases: 1:18-cv-04361-AKH et al.(ne)
September 26, 2018 Opinion or Order Filing 93 MOTION for Caitlin Goldwater Coslett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15620302. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rochester Drug Co-Operative, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Coslett, Caitlin)
September 26, 2018 Opinion or Order Filing 92 MOTION for David Francis Sorensen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15620123. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rochester Drug Co-Operative, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Sorensen, David)
September 26, 2018 Opinion or Order Filing 91 STIPULATION OF CASE NAME AND CAPTION CHANGE: Whereas Defendants Endo Pharmaceuticals Inc. and Endo International plc have been dismissed from this case pursuant to Federal Rule of Civil Procedure 41(a)(1) (A)(ii), as agreed by the parties and ordered by the Court. Dkt. 78. IT IS HEREBY STIPULATED AND AGREED by and between the parties and their respective counsel that the case is renamed: In re Novartis and Par Antitrust Litigation. In all future pleadings, the case caption will appear as follows. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 9/26/2018) (ne)
September 26, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #96 MOTION for John Gerard Albanese to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15622124. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
September 26, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #92 MOTION for David Francis Sorensen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15620123. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 26, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #93 MOTION for Caitlin Goldwater Coslett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15620302. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 25, 2018 Opinion or Order Filing 90 PROPOSED STIPULATION AND ORDER. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (North, Julie)
September 25, 2018 Opinion or Order Filing 89 PROPOSED STIPULATION AND ORDER. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (North, Julie)
September 21, 2018 Opinion or Order Filing 88 PROPOSED STIPULATION AND ORDER. Document filed by Par Pharmaceutical, Inc.. (Baumgarten, Elise)
September 19, 2018 Opinion or Order Filing 87 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Amy E. McDonnell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15589928. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Turlock Irrigation District. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Certificates of Good Standing)(McDonnell, Amy) Modified on 9/19/2018 (wb).
September 19, 2018 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #87 MOTION for Amy E. McDonnell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15589928. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of West Virginia;. 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)
September 17, 2018 Opinion or Order Filing 86 BRIEF re: (37 in 1:18-cv-05536-AKH, 47 in 1:18-cv-05603-AKH, 20 in 1:18-cv-06776-AKH, 85 in 1:18-cv-04361-AKH, 49 in 1:18-cv-05886-AKH, 34 in 1:18-cv-05708-AKH) Notice (Other) ("Memorandum of Law in Support of Defendants' Partial Motion to Dismiss Plaintiffs' Consolidated Amended Complaints"). Document filed by Novartis AG, Novartis Pharmaceuticals Corporation.Filed In Associated Cases: 1:18-cv-04361-AKH et al.(North, Julie)
September 17, 2018 Opinion or Order Filing 85 NOTICE of Defendants' Partial Motion to Dismiss Plaintiffs' Consolidated Amended Complaints. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. Filed In Associated Cases: 1:18-cv-04361-AKH et al.(North, Julie)
September 17, 2018 Opinion or Order Filing 84 ORDER granting #83 Letter Motion for Extension of Time. So ordered. (Signed by Judge Alvin K. Hellerstein on 9/17/2018) (ne)
September 17, 2018 Opinion or Order Set/Reset Deadlines: Motions due by 9/17/2018. Responses due by 10/24/2018 Replies due by 11/14/2018. (ne)
September 14, 2018 Opinion or Order Filing 83 JOINT LETTER MOTION for Extension of Time re certain extensions to deadlines set forth in the Order dated September 5, 2018 (ECF No. 77) addressed to Judge Alvin K. Hellerstein from Julie A. North dated September 14, 2018. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation.Filed In Associated Cases: 1:18-cv-04361-AKH et al.(North, Julie)
September 13, 2018 Opinion or Order Filing 82 STIPULATION OF VOLUNTARY DISMISSAL OF FEWER THAN ALL PARTIES PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii): IT IS HEREBY STIPULATED AND AGREED by and between the parties and their respective counsel that the Direct Purchaser Actions are voluntarily dismissed without prejudice as against ONLY defendant Novartis Corporation, pursuant to Federal Rule of Civil Procedure 41 (a)(1)(A)(ii). Defendants Novartis Pharmaceuticals Corporation ("NPC") and Novartis AG ("NAG") agree not to contend, claim or argue at any time during the Direct Purchaser Actions, including on appeal, that Novartis Corporation is a required party under Federal Rule of Civil Procedure 19 and/or that the absence of Novartis Corporation as a defendant in the Direct Purchaser Actions would preclude a judgment against NPC or NAG or would otherwise affect Direct Purchaser Plaintiffs' ability to collect damages against NPC or NAG. So ordered. Novartis Corporation and Novartis Corporation terminated. (Signed by Judge Alvin K. Hellerstein on 9/13/2018) Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05708-AKH, 1:18-cv-05886-AKH(ne)
September 12, 2018 Opinion or Order Filing 81 PROPOSED STIPULATION AND ORDER. Document filed by Novartis Corporation. (North, Julie)
September 11, 2018 Opinion or Order Filing 80 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 Opinion or Order Filing 79 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, 215-277-5770. (Lukens, Joseph)
September 6, 2018 Opinion or Order Filing 78 STIPULATION ORDER OF VOLUNTARY DISMISSAL OF FEWER THAN ALL PARTIES PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii): IT IS HEREBY STIPULATED AND AGREED by and between the parties and their respective counsel that the above-captioned action is voluntarily dismissed without prejudice as against ONLY defendants Endo Pharmaceuticals Inc. and Endo International plc, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Par Pharmaceutical, Inc. agrees not to contend, claim or argue at any time during this litigation, including on appeal, that either Endo Pharmaceuticals Inc. or Endo International plc(collectively, "Endo") are required parties under Federal Rule of Civil Procedure 19 and/or that the absence of Endo as a defendant in this action would preclude a judgment against Par Pharmaceutical, Inc. or would otherwise affect Plaintiffs' ability to collect damages against Par Phannaceutical, Inc. So ordered. Endo International PLC, Endo Pharmaceuticals, Inc., Endo Pharmaceuticals, Inc., Endo Pharmaceuticals, Inc., Endo Pharmaceuticals, Inc., Endo International PLC and Endo International PLC terminated. (Signed by Judge Alvin K. Hellerstein on 9/6/2018) Filed In Associated Cases: 1:18-cv-04361-AKH et al.(ne)
September 5, 2018 Opinion or Order Filing 77 ORDER granting in part and denying in part (68) Letter Motion for Extension of Time in case 1:18-cv-04361-AKH; granting in part and denying in part (32) Letter Motion for Extension of Time in case 1:18-cv-05536-AKH; granting in part and denying in part (42) Letter Motion for Extension of Time in case 1:18-cv-05603-AKH; granting in part and denying in part (24) Letter Motion for Extension of Time in case 1:18-cv-05708-AKH; granting in part and denying in part (39) Letter Motion for Extension of Time in case 1:18-cv-05886-AKH; granting in part and denying in part (13) Letter Motion for Extension of Time in case 1:18-cv-06776-AKH. The schedule through Aug. 30, 2019 is approved. A status conf. to chart further proceedings will be held Thurs. Sep. 5, 2019, 2:30 pm. (Signed by Judge Alvin K. Hellerstein on 9/5/2018) Filed In Associated Cases: 1:18-cv-04361-AKH et al. (ne)
September 5, 2018 Opinion or Order Set/Reset Deadlines: (Motions due by 9/17/2018, Responses due by 10/24/2018, Replies due by 11/14/2018.). Set/Reset Hearings: (Status Conference set for 9/5/2019 at 02:30 PM before Judge Alvin K. Hellerstein.) Associated Cases: 1:18-cv-04361-AKH et al.(ne) Modified on 1/7/2019 (ne).
September 5, 2018 Opinion or Order Filing 76 ORDER FOR ADMISSION PRO HAC VICE granting (74) Motion for Ashley M. Bond to Appear Pro Hac Vice in case 1:18-cv-04361-AKH. (Signed by Judge Alvin K. Hellerstein on 9/5/2018) Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-06776-AKH (mro)
September 5, 2018 Opinion or Order Filing 75 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Endo International PLC, Endo Pharmaceuticals, Inc., Endo Pharmaceuticals, Inc., Endo International PLC, Endo Pharmaceuticals Inc. and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Par Pharmaceutical, Inc., Endo Pharmaceuticals, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..Filed In Associated Cases: 1:18-cv-04361-AKH et al.(Baumgarten, Elise)
September 5, 2018 Opinion or Order Set/Reset Deadlines: (Motions due by 9/17/2018., Responses due by 10/24/2018, Replies due by 11/14/2018.), Set/Reset Hearings: (Status Conference set for 9/5/2019 at 02:30 PM before Judge Alvin K. Hellerstein.) (ne)
September 5, 2018 Opinion or Order ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #75 Stipulation of Voluntary Dismissal was reviewed and referred to Judge Alvin K. Hellerstein for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
September 4, 2018 Opinion or Order Filing 74 MOTION for Ashley M. Bond to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15525052. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Turlock Irrigation District. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Certificate of Good Standing, #4 Certificate of Good Standing)(Bond, Ashley)
September 4, 2018 Opinion or Order Filing 73 ORDER FOR ADMISSION PRO HAC VICE granting (72) Motion for Jason S. Hartley to Appear Pro Hac Vice in case 1:18-cv-04361-AKH. (Signed by Judge Alvin K. Hellerstein on 9/4/2018) Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-06776-AKH (ne)
September 4, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #74 MOTION for Ashley M. Bond to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15525052. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 31, 2018 Opinion or Order Filing 72 MOTION for Jason S. Hartley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15517854. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Turlock Irrigation District. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Certificate of Good Standing)(Hartley, Jason)
August 31, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #72 MOTION for Jason S. Hartley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15517854. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 29, 2018 Opinion or Order Filing 71 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Novartis AG.Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05708-AKH, 1:18-cv-05886-AKH(North, Julie)
August 29, 2018 Opinion or Order Filing 70 NOTICE OF APPEARANCE by Evan R Chesler on behalf of Novartis AG. Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05708-AKH, 1:18-cv-05886-AKH(Chesler, Evan)
August 29, 2018 Opinion or Order Filing 69 NOTICE OF APPEARANCE by Julie A North on behalf of Novartis AG. Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-05708-AKH, 1:18-cv-05886-AKH(North, Julie)
August 29, 2018 Opinion or Order Filing 68 JOINT LETTER MOTION for Extension of Time re certain extensions and additions to deadlines set forth in the Case Management Order entered on August 3, 2018 (ECF No. 59) addressed to Judge Alvin K. Hellerstein from Julie A. North dated August 29, 2018. Document filed by Novartis AG, Novartis Corporation, Novartis Pharmaceuticals Corporation.Filed In Associated Cases: 1:18-cv-04361-AKH et al.(North, Julie)
August 28, 2018 Opinion or Order Filing 67 ORDER FOR ADMISSION PRO HAC VICE granting #66 Motion for Jon R. Stickman to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 8/28/2018) (kgo)
August 27, 2018 Opinion or Order Filing 66 MOTION for Jon R. Stickman to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Turlock Irrigation District. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Stickman, Jon)
August 27, 2018 Opinion or Order Filing 65 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jon R. Stickman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15496930. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Turlock Irrigation District, Turlock Irrigation District. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Text of Proposed Order)Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-06776-AKH(Stickman, Jon) Modified on 8/27/2018 (jc).
August 27, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #66 MOTION for Jon R. Stickman 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 27, 2018 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (65 in 1:18-cv-04361-AKH, 12 in 1:18-cv-06776-AKH) MOTION for Jon R. Stickman to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15496930. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): 1) Certificate of Good Standing from Supreme Court of California is for a different attorney (Jason Scott Hartley); and 2) filing should NOT be spread - should only be filed in 18-cv-4361. 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 Attorney Affidavit - attach Proposed Order. Filed In Associated Cases: 1:18-cv-04361-AKH, 1:18-cv-06776-AKH(jc)
August 10, 2018 Opinion or Order Filing 64 NOTICE OF APPEARANCE by Joseph Opper on behalf of Drogueria Betances, LLC. (Opper, Joseph)
August 9, 2018 Opinion or Order Filing 63 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/27/18 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)
August 9, 2018 Opinion or Order Filing 62 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/27/2018 before Judge Alvin K. Hellerstein. 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 8/30/2018. Redacted Transcript Deadline set for 9/10/2018. Release of Transcript Restriction set for 11/7/2018.(McGuirk, Kelly)
August 7, 2018 Opinion or Order Filing 61 ORDER FOR ADMISSION PRO HAC VICE granting #60 Motion for Miranda Jones to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 8/7/2018) (mro)
August 6, 2018 Opinion or Order Filing 60 MOTION for Miranda Jones to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15410469. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Drogueria Betances, LLC. (Attachments: #1 Certificate of Good Standing, #2 Affidavit Affidavit of Miranda Y. Jones, #3 Text of Proposed Order)(Jones, Miranda)
August 6, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #60 MOTION for Miranda Jones to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15410469. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
August 3, 2018 Opinion or Order Set/Reset Deadlines: Motions due by 10/28/2019. Responses due by 11/27/2019 Replies due by 12/16/2019. Associated Cases: 1:18-cv-04361-AKH et al.(ama)
August 3, 2018 Opinion or Order Filing 59 STIPULATION AND CASE MANAGEMENT ORDER: ACCORDINGLY, IT IS HEREBY STIPULATED AND ORDERED THAT: The Direct Purchaser Actions are hereby consolidated for all purposes pursuant to Fed. R. Civ. P. 42(a). Any additional direct or end-payor class action complaints filed in or transferred to this District containing substantially similar allegations as those in, and related to, the Coordinated Actions shall also be docketed under Docket No. 18-cv-04361 and deemed consolidated with either the Direct Purchaser Actions or End-Payor Actions, as applicable. The files of the Coordinated Actions shall be maintained in one file under Docket No. 18-cv-04361. Fact Discovery due by 9/17/2018., Motions due by 10/28/2019., Responses due by 11/27/2019, Replies due by 12/16/2019. And as set forth herein. IT IS SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/03/2018) Filed In Associated Cases: 1:18-cv-04361-AKH et al.(ama) Modified on 8/6/2018 (ama).
August 3, 2018 Opinion or Order Filing 58 PROPOSED STIPULATION AND ORDER. Document filed by Novartis Corporation, Novartis Pharmaceuticals Corporation. (North, Julie)
July 30, 2018 Opinion or Order Filing 57 ORDER FOR ADMISSION PRO HAC VICE granting #56 Motion for David C. Raphael, Jr. to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 7/30/2018) (ne)
July 27, 2018 Opinion or Order Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Initial Pretrial Conference held on 7/27/2018, ( Motions for class certification due by 10/30/2018., Replies due by 12/17/2018., Responses due by 11/30/2018). (Court Reporter Sonia Moore) (Jones, Brigitte)
July 27, 2018 Opinion or Order Filing 56 MOTION for David C. Raphael, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15376570. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Drogueria Betances, LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Raphael, David)
July 27, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #56 MOTION for David C. Raphael, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15376570. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
July 26, 2018 Opinion or Order Filing 55 ORDER FOR ADMISSION PRO HAC VICE granting #54 Motion for Russell A. Chorush to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 7/26/2018) (ne)
July 25, 2018 Opinion or Order Filing 54 MOTION for Russell A. Chorush to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15365663. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Drogueria Betances, LLC. (Attachments: #1 Certificate of Good Standing, #2 Affidavit of Russell A. Chorush, #3 Text of Proposed Order)(Chorush, Russell)
July 25, 2018 Opinion or Order Filing 53 ORDER ADMITTING COUNSEL PRO HAC VICE granting #52 Motion for Elise Michelle Baumgarten to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 7/25/2018) (ne)
July 25, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #54 MOTION for Russell A. Chorush to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15365663. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
July 24, 2018 Opinion or Order Filing 52 MOTION for Elise Michelle Baumgarten to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15360782. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Endo Pharmaceuticals, Inc., Par Pharmaceutical, Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Baumgarten, Elise)
July 24, 2018 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #52 MOTION for Elise Michelle Baumgarten to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15360782. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
July 19, 2018 Opinion or Order Filing 51 ELECTRONIC SUMMONS ISSUED as to Endo International PLC. (pc)
July 19, 2018 Opinion or Order Filing 50 ELECTRONIC AMENDED SUMMONS ISSUED as to Novartis AG. (pc)
July 18, 2018 Opinion or Order Filing 49 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Novartis AG, re: #47 Amended Complaint, #1 Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan)
July 18, 2018 Opinion or Order Filing 48 REQUEST FOR ISSUANCE OF SUMMONS as to Endo International plc, re: #47 Amended Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan)
July 18, 2018 Opinion or Order Filing 47 AMENDED COMPLAINT amending #41 Amended Complaint, #1 Complaint, against Endo International PLC, Endo Pharmaceuticals, Inc., Novartis AG, Novartis Corporation, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc. with JURY DEMAND.Document filed by Drogueria Betances, LLC. Related document: #41 Amended Complaint, #1 Complaint,.(Litvin, Dan)
July 18, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Dan Litvin to RE-FILE Document No. #42 Request for Issuance of Summons, #43 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
July 18, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Dan Litvin to RE-FILE Document No. #41 Amended Complaint,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
July 17, 2018 Opinion or Order Filing 46 DECLARATION of Dan Litvin in Support re: #44 MOTION to Appoint Counsel .. Document filed by Drogueria Betances, LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Garwin Gerstein & Fisher LLP Firm Resume, #2 Exhibit Exhibit 2 - Faruqi & Faruqi, LLP Firm Resume)(Litvin, Dan)
July 17, 2018 Opinion or Order Filing 45 MEMORANDUM OF LAW in Support re: #44 MOTION to Appoint Counsel . . Document filed by Drogueria Betances, LLC, Rochester Drug Co-Operative, Inc.. (Gerstein, Bruce)
July 17, 2018 Opinion or Order Filing 44 MOTION to Appoint Counsel . Document filed by Drogueria Betances, LLC, Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order Exhibit 1 (Proposed Order))(Gerstein, Bruce)
July 17, 2018 Opinion or Order Filing 43 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Novartis AG, re: #41 Amended Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan)
July 17, 2018 Opinion or Order Filing 42 REQUEST FOR ISSUANCE OF SUMMONS as to Endo International PLC, re: #41 Amended Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan)
July 17, 2018 Opinion or Order Filing 41 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - AMENDED COMPLAINT amending #1 Complaint, against Endo Pharmaceuticals, Inc., Novartis AG, Novartis Corporation, Novartis Pharmaceuticals Corporation, Par Pharmaceutical, Inc., Endo International PLC with JURY DEMAND.Document filed by Drogueria Betances, LLC, Rochester Drug Co-Operative, Inc., FWK HOLDINGS, LLC. Related document: #1 Complaint,.(Litvin, Dan) Modified on 7/18/2018 (pc).
July 16, 2018 Opinion or Order Filing 40 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Endo International PLC for Par Pharmaceutical, Inc.. Document filed by Par Pharmaceutical, Inc..(Greenblum, Benjamin)
July 16, 2018 Opinion or Order Filing 39 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Endo International PLC for Endo Pharmaceuticals, Inc.. Document filed by Endo Pharmaceuticals, Inc..(Greenblum, Benjamin)
July 16, 2018 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Benjamin M. Greenblum to RE-FILE Document #37 Rule 7.1 Corporate Disclosure Statement, #38 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
July 13, 2018 Opinion or Order Filing 38 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Endo Pharmaceuticals, Inc..(Greenblum, Benjamin) Modified on 7/16/2018 (lb).
July 13, 2018 Opinion or Order Filing 37 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Par Pharmaceutical, Inc..(Greenblum, Benjamin) Modified on 7/16/2018 (lb).
July 13, 2018 Opinion or Order Filing 36 NOTICE OF APPEARANCE by Benjamin M. Greenblum on behalf of Endo Pharmaceuticals, Inc., Par Pharmaceutical, Inc.. (Greenblum, Benjamin)
July 13, 2018 Opinion or Order Filing 35 NOTICE OF COURT CONFERENCE: Initial Conference set for 7/27/2018 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. It is Ordered that counsel to whom this Order is sent is responsible for faxing a copy to all counsel and retaining verification of such in the case file. Do not fax such verification to Chambers. Please include telephone numbers and fax numbers on all documents submitted to the Court. (As further set forth in this order) (Signed by Judge Alvin K. Hellerstein on 7/13/2018) (ne)
July 10, 2018 Opinion or Order Filing 34 ENDORSED LETTER: addressed to Judge Victor Marrero from Gregory S. Asciolla and Robert G. Eisler dated 7/6/2018 re: We write on behalf of end-payor plaintiffs UFCW Local 1500 Welfare Fund and Law Enforcement Health Benefits Inc. to request a pre-motion conference regarding our request to be appointed as interim co-lead counsel pursuant to Fed. R. Civ. P. 23(g) for the end-payor class in this matter. In accordance with Your Honor's Individual Practices, we request in the alternative that this letter be deemed and filed as a formal motion. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiffs indicated above. So Ordered. (Signed by Judge Victor Marrero on 7/9/2018) (js)
July 10, 2018 Opinion or Order NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Victor Marrero is no longer assigned to the case. (wb)
July 6, 2018 Opinion or Order Filing 33 ENDORSED LETTER addressed to Judge Victor Marrero from Bruce E. Gerstein and Peter Kohn dated 7/3/2018 re: Betances and RDC alternatively request that this letter be deemed and filed as a formal motion. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by the RDC plaintiffs described herein. (Signed by Judge Victor Marrero on 7/6/2018) (tro)
July 3, 2018 Opinion or Order Filing 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Novartis AG for Novartis Pharmaceuticals Corporation. Document filed by Novartis Pharmaceuticals Corporation.(North, Julie)
July 3, 2018 Opinion or Order Filing 31 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Novartis AG for Novartis Corporation. Document filed by Novartis Corporation.(North, Julie)
July 3, 2018 Opinion or Order Filing 30 NOTICE OF APPEARANCE by Julie A North on behalf of Novartis Corporation, Novartis Pharmaceuticals Corporation. (North, Julie)
July 3, 2018 Opinion or Order Filing 29 NOTICE OF APPEARANCE by Evan R Chesler on behalf of Novartis Corporation, Novartis Pharmaceuticals Corporation. (Chesler, Evan)
June 28, 2018 Opinion or Order Filing 28 ELECTRONIC AMENDED SUMMONS ISSUED as to Endo Pharmaceuticals, Inc.. (dnh)
June 28, 2018 Opinion or Order Filing 27 REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Endo Pharmaceuticals, Inc., re: #1 Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan)
June 28, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Dan Litvin to RE-FILE Document No. #26 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; Summons requests for previously issued parties must be filed as an Amended Summons request and the PDF must reflect Amended. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
June 27, 2018 Opinion or Order Filing 26 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST - PREVIOUSLY ISSUED TO PARTY - REQUEST FOR ISSUANCE OF SUMMONS as to Endo Pharmaceuticals, Inc., re: #1 Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan) Modified on 6/28/2018 (dnh).
June 27, 2018 Opinion or Order Filing 25 NOTICE OF APPEARANCE by Bruce E. Gerstein on behalf of Drogueria Betances, LLC. (Gerstein, Bruce)
June 27, 2018 Opinion or Order Filing 24 NOTICE OF APPEARANCE by Dan Litvin on behalf of Drogueria Betances, LLC. (Litvin, Dan)
June 7, 2018 Opinion or Order Filing 23 ELECTRONIC SUMMONS ISSUED as to Novartis AG. (dnh)
June 7, 2018 Opinion or Order Filing 22 ELECTRONIC SUMMONS ISSUED as to Par Pharmaceuticals, Inc.. (dnh)
June 7, 2018 Opinion or Order Filing 21 ELECTRONIC SUMMONS ISSUED as to Par Pharmaceutical, Inc.. (dnh)
June 7, 2018 Opinion or Order Filing 20 ELECTRONIC SUMMONS ISSUED as to Novartis Pharmaceuticals Corporation. (dnh)
June 7, 2018 Opinion or Order Filing 19 ELECTRONIC SUMMONS ISSUED as to Novartis Corporation. (dnh)
June 7, 2018 Opinion or Order Filing 18 ELECTRONIC SUMMONS ISSUED as to Endo Pharmaceuticals, Inc.. (dnh)
June 6, 2018 Opinion or Order Filing 17 REQUEST FOR ISSUANCE OF SUMMONS as to Novartis AG, re: #1 Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan)
June 6, 2018 Opinion or Order Filing 16 REQUEST FOR ISSUANCE OF SUMMONS as to Par Pharmaceuticals, Inc., re: #1 Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan)
June 6, 2018 Opinion or Order Filing 15 REQUEST FOR ISSUANCE OF SUMMONS as to Par Pharmaceutical, Inc., re: #1 Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan)
June 6, 2018 Opinion or Order Filing 14 REQUEST FOR ISSUANCE OF SUMMONS as to Novartis Pharmaceuticals Corporation, re: #1 Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan)
June 6, 2018 Opinion or Order Filing 13 REQUEST FOR ISSUANCE OF SUMMONS as to Novartis Corporation, re: #1 Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan)
June 6, 2018 Opinion or Order Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to Endo Pharmaceuticals, Inc., re: #1 Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan)
May 18, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Dan Litvin to RE-FILE Document No. #8 Request for Issuance of Summons, #3 Request for Issuance of Summons, #7 Request for Issuance of Summons, #9 Request for Issuance of Summons, #6 Request for Issuance of Summons, #4 Request for Issuance of Summons, #5 Request for Issuance of Summons,. The filing is deficient for the following reason: NO DISTRICT COURT WAS ENTERED ON THE SUMMONS REQUEST. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne)
May 17, 2018 Opinion or Order Filing 11 CIVIL COVER SHEET filed. (Litvin, Dan)
May 17, 2018 Opinion or Order Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent DBI Management, Inc. for Drogueria Betances, LLC. Document filed by Drogueria Betances, LLC.(Litvin, Dan)
May 17, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Dan Litvin to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason: jury demanded on complaint, but no selection was made on the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne)
May 17, 2018 Opinion or Order ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Dan Litvin. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due). The following corrections have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (pne)
May 17, 2018 Opinion or Order Case Designated ECF. (pne)
May 17, 2018 Opinion or Order Magistrate Judge Stewart D. Aaron is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne)
May 17, 2018 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne)
May 16, 2018 Opinion or Order Filing 9 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Par Pharmaceutical, Inc., re: #1 Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan) Modified on 5/18/2018 (pne).
May 16, 2018 Opinion or Order Filing 8 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Par Pharmaceutical Industries, Inc., re: #1 Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan) Modified on 5/18/2018 (pne).
May 16, 2018 Opinion or Order Filing 7 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Par Pharmaceuticals, Inc., re: #1 Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan) Modified on 5/18/2018 (pne).
May 16, 2018 Opinion or Order Filing 6 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Novartis Pharmaceuticals Corporation, re: #1 Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan) Modified on 5/18/2018 (pne).
May 16, 2018 Opinion or Order Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Novartis Corporation, re: #1 Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan) Modified on 5/18/2018 (pne).
May 16, 2018 Opinion or Order Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Novartis AG, re: #1 Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan) Modified on 5/18/2018 (pne).
May 16, 2018 Opinion or Order Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Endo Pharmaceuticals, Inc., re: #1 Complaint,. Document filed by Drogueria Betances, LLC. (Litvin, Dan) Modified on 5/18/2018 (pne).
May 16, 2018 Opinion or Order Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Litvin, Dan) Modified on 5/17/2018 (pne).
May 16, 2018 Opinion or Order Filing 1 COMPLAINT against Endo Pharmaceuticals, Inc., Novartis AG, Novartis Corporation, Novartis Pharmaceuticals Corporation, Par Pharmaceutical Industries, Inc, Par Pharmaceutical, Inc., Par Pharmaceuticals, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-15076857)Document filed by Drogueria Betances, LLC.(Litvin, Dan)

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Defendant: Endo Pharmaceuticals, Inc.
Represented By: Elise Baumgarten
Represented By: Benjamin M. Greenblum
Represented By: Jason Neil Kestecher
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Defendant: Par Pharmaceutical, Inc.
Represented By: Ralph Chester Otis V
Represented By: Thomas Ryan
Represented By: Elise Baumgarten
Represented By: Benjamin M. Greenblum
Represented By: Thomas W. Ryan
Represented By: Andrew Wheeler Rudge
Represented By: Adam Pan
Represented By: Jason Neil Kestecher
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Defendant: Novartis Pharmaceuticals Corporation
Represented By: Evan R Chesler
Represented By: Julie A North
Represented By: Evan R. Chesler
Represented By: Jeffrey Adam Ritholtz
Represented By: Helam Gebremariam
Represented By: Rachel G Skaistis
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Defendant: Novartis AG
Represented By: Evan R Chesler
Represented By: Julie A North
Represented By: Evan R. Chesler
Represented By: Jeffrey Adam Ritholtz
Represented By: Helam Gebremariam
Represented By: Rachel G Skaistis
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Defendant: Novartis Corporation
Represented By: Evan R Chesler
Represented By: Julie A North
Represented By: Evan R. Chesler
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Defendant: Par Pharmaceuticals, Inc.
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Defendant: Par Pharmaceutical Industries, Inc
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Defendant: Endo International PLC
Represented By: Jason Neil Kestecher
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Plaintiff: Drogueria Betances, LLC
Represented By: Dan Litvin
Represented By: Russell A. Chorush
Represented By: Stuart Edward Des Roches
Represented By: Andrew Kelly
Represented By: Bruce E. Gerstein
Represented By: Christopher Stow-Serge
Represented By: James Boone Baxter
Represented By: Miranda Yan Jones
Represented By: Aakruti Govind Vakharia
Represented By: Dan Chiorean
Represented By: David C Raphael, Jr
Represented By: Chris Letter
Represented By: Joseph Opper
Represented By: Noah H. Silverman
Represented By: Carlos Ruiz
Represented By: Susan C. Segura
Represented By: Kyle Ruvolo
Represented By: Thomas Maas
Represented By: Deborah A. Elman
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Plaintiff: H-E-B LP
Represented By: Anna Theresa Neill
Represented By: Lauren Carol Ravkind
Represented By: Scott Eliot Perwin
Represented By: Dan Litvin
Represented By: Barry L. Refsin
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Plaintiff: Rite Aid Hdqtrs. Corp.,
Represented By: Barry Refsin
Represented By: Monica L Kiley
Represented By: Caitlin McHugh
Represented By: Chelsea Nichols
Represented By: Eric L Bloom
Represented By: Barry L. Refsin
Represented By: Dan Litvin
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Plaintiff: Rochester Drug Co-Operative, Inc.
Represented By: Dan Litvin
Represented By: Bruce E. Gerstein
Represented By: Andrew C. Curley
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Plaintiff: FWK HOLDINGS, LLC
Represented By: Dan Litvin
Represented By: Bruce E. Gerstein
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Plaintiff: CVS Pharmacy, Inc.
Represented By: Barry Refsin
Represented By: Monica L Kiley
Represented By: Eric L Bloom
Represented By: Caitlin McHugh
Represented By: Chelsea Nichols
Represented By: Barry L. Refsin
Represented By: Dan Litvin
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Plaintiff: Walgreen CO
Represented By: Anna Theresa Neill
Represented By: Scott Eliot Perwin
Represented By: Lauren Carol Ravkind
Represented By: Dan Litvin
Represented By: Barry L. Refsin
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Plaintiff: The Kroger Co.
Represented By: Anna Theresa Neill
Represented By: Scott Eliot Perwin
Represented By: Lauren Carol Ravkind
Represented By: Dan Litvin
Represented By: Barry L. Refsin
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Plaintiff: Rite Aid Corporation
Represented By: Barry Refsin
Represented By: Monica L Kiley
Represented By: Caitlin McHugh
Represented By: Chelsea Nichols
Represented By: Eric L Bloom
Represented By: Barry L. Refsin
Represented By: Dan Litvin
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Consolidated plaintiff: Law Enforcement Health Benefits Inc.
Represented By: Robert Gerard Eisler
Represented By: Deborah A. Elman
Represented By: Kelly L Tucker
Represented By: Dan Litvin
Represented By: Robin Ann Van Der Meulen
Represented By: Chad Holtzman
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Consolidated plaintiff: Turlock Irrigation District
Represented By: Robert Gerard Eisler
Represented By: Jon Robert Stickman
Represented By: Jessica N. Servais
Represented By: Jason S. Hartley
Represented By: Amy Elizabeth McDonnell
Represented By: Ashley Marie Bond
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Consolidated plaintiff: UFCW Local 1500 Welfare Fund
Represented By: Domenico George Minerva
Represented By: Mary Louise Russell
Represented By: Matthew Joseph Perez
Represented By: Brian Robert Morrison
Represented By: Tianran Song
Represented By: Gregory Scott Asciolla
Represented By: Karin Elizabeth Garvey
Represented By: Adam James Pessin
Represented By: Jay L. Himes
Represented By: Robin Ann Van Der Meulen
Represented By: Jonathan Scott Crevier
Represented By: Ethan H Kaminsky
Represented By: Dan Litvin
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Respondent: Mylan Pharmaceuticals, Inc.
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Not classified by court: Lupin Ltd.
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Not classified by court: Lupin Pharmaceuticals, Inc.
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Not classified by court: OptumRX, Inc.
Represented By: Jonathan Richard Montcalm
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Not classified by court: AMERISOURCEBERGEN DRUG CORPORATION
Represented By: Samantha Lee Southall
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Not classified by court: Cardinal Health, Inc.
Represented By: Victoria Morton Rutherfurd
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Not classified by court: Express Scripts, Inc.
Represented By: Matthew D. Knepper
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Interested party: Caremark PHC, LLC
Represented By: Rachel Esther Kramer
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Interested party: Mylan Pharmaceuticals Inc.
Represented By: Jeffrey C. Bank
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