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. and OptumRX, Inc.
Interested Party: Caremark PHC, LLC
Case Number: 1:2018cv04361
Filed: May 16, 2018
Court: US 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: 15:1
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 27, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 >>>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 28, 2020 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 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 27, 2020 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 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 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 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 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 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 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 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 >>>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 23, 2020 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 19, 2020 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 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 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 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 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 Filing 283 NOTICE OF APPEARANCE by Jeffrey Adam Ritholtz on behalf of Novartis AG, Novartis Pharmaceuticals Corporation..(Ritholtz, Jeffrey)
October 8, 2020 Filing 282 NOTICE OF APPEARANCE by Helam Gebremariam on behalf of Novartis AG, Novartis Pharmaceuticals Corporation..(Gebremariam, Helam)
October 8, 2020 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 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 >>>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)
September 2, 2020 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)
August 27, 2020 >>>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 27, 2020 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 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 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 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 Filing 269 PROPOSED STIPULATION AND ORDER. Document filed by Par Pharmaceutical, Inc...(Otis V, Ralph)
July 31, 2020 ***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 31, 2020 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 30, 2020 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 Filing 247 PROPOSED PROTECTIVE ORDER. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation..(North, Julie)
May 29, 2020 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 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 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 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 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 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 17, 2020 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 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 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 >>>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 26, 2020 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 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 >>>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 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 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 >>>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 22, 2019 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 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 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 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 7, 2019 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 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 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 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 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 Filing 216 NOTICE OF APPEARANCE by Mary Louise Russell on behalf of UFCW Local 1500 Welfare Fund. (Russell, Mary)
September 20, 2019 Filing 215 NOTICE OF APPEARANCE by Adam James Pessin on behalf of UFCW Local 1500 Welfare Fund. (Pessin, Adam)
September 11, 2019 Filing 214 NOTICE OF APPEARANCE by Aakruti Govind Vakharia on behalf of Drogueria Betances, LLC. (Vakharia, Aakruti)
September 9, 2019 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 Filing 211 ANSWER to #139 Amended Complaint,. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation.(North, Julie)
September 6, 2019 Filing 210 ANSWER to #130 Amended Complaint,. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation.(North, Julie)
September 6, 2019 Filing 209 ANSWER to #47 Amended Complaint,. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation.(North, Julie)
September 6, 2019 Filing 208 ANSWER to Complaint. Document filed by Novartis Pharmaceuticals Corporation.(North, Julie)
September 6, 2019 Filing 207 ANSWER to Complaint. Document filed by Par Pharmaceutical, Inc..(Otis V, Ralph)
September 6, 2019 Filing 206 ANSWER to #139 Amended Complaint,. Document filed by Par Pharmaceutical, Inc..(Otis V, Ralph)
September 6, 2019 Filing 205 ANSWER to #130 Amended Complaint,. Document filed by Par Pharmaceutical, Inc..(Otis V, Ralph)
September 6, 2019 Filing 204 ANSWER to #47 Amended Complaint,. Document filed by Par Pharmaceutical, Inc..(Otis V, Ralph)
September 4, 2019 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 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 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 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 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 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 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 23, 2019 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 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 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 >>>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 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 >>>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 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 >>>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 7, 2019 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 6, 2019 >>>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 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 >>>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 6, 2019 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 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 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 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 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 >>>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 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 >>>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 29, 2019 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 3, 2019 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 Filing 170 MOTION for Miranda Y. Jones to Withdraw as Attorney . Document filed by Drogueria Betances, LLC.(Chorush, Russell)
June 27, 2019 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 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 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 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 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 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 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 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 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 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 ***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 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 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 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 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 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 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 >>>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 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 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 Filing 144 ELECTRONIC AMENDED SUMMONS ISSUED as to Novartis AG. (jgo)
April 2, 2019 ***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 2, 2019 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 1, 2019 ***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 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 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 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 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 ***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 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 >>>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 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 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 >>>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)
March 22, 2019 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)
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 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 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 Filing 126 PROPOSED STIPULATION AND ORDER. Document filed by Par Pharmaceutical, Inc.. (Ryan, Thomas)
December 27, 2018 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 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 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 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 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 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 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 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 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 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 >>>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 8, 2018 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 7, 2018 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 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 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 >>>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 30, 2018 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 24, 2018 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 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 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 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 >>>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 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 >>>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 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 >>>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 26, 2018 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 >>>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 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 25, 2018 Filing 90 PROPOSED STIPULATION AND ORDER. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (North, Julie)
September 25, 2018 Filing 89 PROPOSED STIPULATION AND ORDER. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (North, Julie)
September 21, 2018 Filing 88 PROPOSED STIPULATION AND ORDER. Document filed by Par Pharmaceutical, Inc.. (Baumgarten, Elise)
September 19, 2018 >>>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 19, 2018 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 17, 2018 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 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 Set/Reset Deadlines: Motions due by 9/17/2018. Responses due by 10/24/2018 Replies due by 11/14/2018. (ne)
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 14, 2018 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 Filing 81 PROPOSED STIPULATION AND ORDER. Document filed by Novartis Corporation. (North, Julie)
September 11, 2018 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 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 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 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 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 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 ***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 5, 2018 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 4, 2018 >>>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)
September 4, 2018 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)
August 31, 2018 >>>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 31, 2018 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 29, 2018 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 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 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 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 >>>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 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 >>>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 27, 2018 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 10, 2018 Filing 64 NOTICE OF APPEARANCE by Joseph Opper on behalf of Drogueria Betances, LLC. (Opper, Joseph)
August 9, 2018 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 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 >>>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 6, 2018 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 3, 2018 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 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 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 >>>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 27, 2018 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 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 >>>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 25, 2018 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 24, 2018 >>>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 24, 2018 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 19, 2018 Filing 51 ELECTRONIC SUMMONS ISSUED as to Endo International PLC. (pc)
July 19, 2018 Filing 50 ELECTRONIC AMENDED SUMMONS ISSUED as to Novartis AG. (pc)
July 18, 2018 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 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 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 ***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 ***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 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 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 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 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 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 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 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 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 ***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 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 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 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 NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Victor Marrero is no longer assigned to the case. (wb)
July 6, 2018 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 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 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 Filing 30 NOTICE OF APPEARANCE by Julie A North on behalf of Novartis Corporation, Novartis Pharmaceuticals Corporation. (North, Julie)
July 3, 2018 Filing 29 NOTICE OF APPEARANCE by Evan R Chesler on behalf of Novartis Corporation, Novartis Pharmaceuticals Corporation. (Chesler, Evan)
June 28, 2018 Filing 28 ELECTRONIC AMENDED SUMMONS ISSUED as to Endo Pharmaceuticals, Inc.. (dnh)
June 28, 2018 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 ***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 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 Filing 25 NOTICE OF APPEARANCE by Bruce E. Gerstein on behalf of Drogueria Betances, LLC. (Gerstein, Bruce)
June 27, 2018 Filing 24 NOTICE OF APPEARANCE by Dan Litvin on behalf of Drogueria Betances, LLC. (Litvin, Dan)
June 7, 2018 Filing 23 ELECTRONIC SUMMONS ISSUED as to Novartis AG. (dnh)
June 7, 2018 Filing 22 ELECTRONIC SUMMONS ISSUED as to Par Pharmaceuticals, Inc.. (dnh)
June 7, 2018 Filing 21 ELECTRONIC SUMMONS ISSUED as to Par Pharmaceutical, Inc.. (dnh)
June 7, 2018 Filing 20 ELECTRONIC SUMMONS ISSUED as to Novartis Pharmaceuticals Corporation. (dnh)
June 7, 2018 Filing 19 ELECTRONIC SUMMONS ISSUED as to Novartis Corporation. (dnh)
June 7, 2018 Filing 18 ELECTRONIC SUMMONS ISSUED as to Endo Pharmaceuticals, Inc.. (dnh)
June 6, 2018 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 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 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 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 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 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 ***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 Filing 11 CIVIL COVER SHEET filed. (Litvin, Dan)
May 17, 2018 ***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 ***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 Case Designated ECF. (pne)
May 17, 2018 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 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 17, 2018 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 16, 2018 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 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 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 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 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 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 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 Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Litvin, Dan) Modified on 5/17/2018 (pne).
May 16, 2018 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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Search for this case: In re Novartis and Par Antitrust Litigation
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Defendant: Endo Pharmaceuticals, Inc.
Represented By: Elise Baumgarten
Represented By: Benjamin M. Greenblum
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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
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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
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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
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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
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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
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Plaintiff: H-E-B LP
Represented By: Anna Theresa Neill
Represented By: Lauren Carol Ravkind
Represented By: Scott Eliot Perwin
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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
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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
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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
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Plaintiff: Walgreen CO
Represented By: Anna Theresa Neill
Represented By: Scott Eliot Perwin
Represented By: Lauren Carol Ravkind
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Plaintiff: The Kroger Co.
Represented By: Anna Theresa Neill
Represented By: Scott Eliot Perwin
Represented By: Lauren Carol Ravkind
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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
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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
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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
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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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Interested party: Caremark PHC, LLC
Represented By: Rachel Esther Kramer
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