Rochester Drug Co-Operative, Inc. v. Novartis Pharmaceuticals Corporation et al
Plaintiff: Rochester Drug Co-Operative, Inc., Walgreen CO and The Kroger Co.
Defendant: Endo Pharmaceuticals Inc., Endo International PLC, PAR Pharmaceutical, Inc., Novartis Pharmaceuticals Corporation, Novartis AG and Novartis Corporation
Case Number: 1:2018cv05708
Filed: June 22, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Alvin K Hellerstein
Nature of Suit: Anti-Trust
Cause of Action: 28 U.S.C. § 1337 sc
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on October 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 11, 2019 Opinion or Order Filing 69 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 Conference set for 10/8/2020 at 11:00 PM before Judge Alvin K. Hellerstein. Status Conference set for 6/29/2020 at 02:30 PM before Judge Alvin K. Hellerstein. So Ordered. (Signed by Judge Alvin K. Hellerstein on 10/11/19) (yv)
October 10, 2019 Filing 68 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)
September 4, 2019 Filing 67 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 66 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 65 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 64 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 27, 2019 Filing 63 LETTER MOTION for Extension of Time re Party document productions addressed to Judge Alvin K. Hellerstein from Julie A. North dated August 27, 2019. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation.Filed In Associated Cases: 1:18-cv-04361-AKH et al.(North, Julie)
August 27, 2019 Opinion or Order Filing 62 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 61 PROPOSED STIPULATION AND ORDER. Document filed by Par Pharmaceutical, Inc.. (Ryan, Thomas)
August 15, 2019 Opinion or Order Filing 60 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)
June 27, 2019 Filing 59 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 58 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 57 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 56 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 55 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 54 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)
March 27, 2019 Opinion or Order Filing 53 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)
January 25, 2019 Opinion or Order Filing 52 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 51 PROPOSED STIPULATION AND ORDER. Document filed by Par Pharmaceutical, Inc.. (Ryan, Thomas)
November 21, 2018 Filing 50 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 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 7, 2018 Filing 49 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 5, 2018 Opinion or Order Filing 48 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)
October 31, 2018 Opinion or Order Filing 47 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 46 MOTION for Leave to File Supplemental Brief in Opposition to Defendants' Partial Motion to Dismiss . Document filed by Walgreen CO, The Kroger Co.. (Attachments: #1 Supplement Brief)Filed In Associated Cases: 1:18-cv-04361-AKH et al.(Perwin, Scott)
October 30, 2018 Opinion or Order Filing 45 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 44 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 43 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 42 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 41 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)
September 26, 2018 Opinion or Order Filing 40 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 39 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 25, 2018 Filing 38 PROPOSED STIPULATION AND ORDER. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (North, Julie)
September 25, 2018 Filing 37 PROPOSED STIPULATION AND ORDER. Document filed by Novartis AG, Novartis Pharmaceuticals Corporation. (North, Julie)
September 21, 2018 Filing 36 PROPOSED STIPULATION AND ORDER. Document filed by Par Pharmaceutical, Inc.. (Baumgarten, Elise)
September 17, 2018 Filing 35 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 34 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 14, 2018 Filing 33 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 32 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 31 PROPOSED STIPULATION AND ORDER. Document filed by Novartis Corporation. (North, Julie)
September 6, 2018 Opinion or Order Filing 30 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 6, 2018 ***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. #28 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 Opinion or Order Filing 29 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.) Associated Cases: 1:18-cv-04361-AKH et al.(ne) Modified on 1/7/2019 (ne).
September 5, 2018 Filing 28 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)
August 29, 2018 Filing 27 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 26 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 25 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 24 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 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 23 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 CONSOLIDATED MEMBER CASE: Create association to 1:18-cv-04361-AKH.. (ama)
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 18, 2018 Opinion or Order Filing 22 ORDER ADMITTING COUNSEL PRO HAC VICE granting #20 Motion for Joseph T. Lukens to Appear Pro Hac Vice. (Signed by Judge Richard J. Sullivan on 7/18/2018) (ne)
July 18, 2018 Opinion or Order Filing 21 ORDER ADMITTING COUNSEL FOR PRO HAC VICE granting #19 Motion for Peter R. Kohn to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 7/18/2018) (ne)
July 17, 2018 Filing 20 MOTION for Joseph T. Lukens to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15332692. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order, #2 Affidavit of Joseph T. Lukens)(Lukens, Joseph)
July 17, 2018 Filing 19 MOTION for Peter R. Kohn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15332612. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order, #2 Affidavit of Peter R. Kohn)(Kohn, Peter)
July 17, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Peter R. Kohn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15332612. Motion and supporting papers to be reviewed by Clerk's Office staff., #20 MOTION for Joseph T. Lukens to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15332692. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
July 16, 2018 Filing 18 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 17 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 #16 Rule 7.1 Corporate Disclosure Statement, #15 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 16 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 15 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 14 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 13 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 13, 2018 Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Novartis AG for Novartis Pharmaceuticals Corporation. Document filed by Novartis Pharmaceuticals Corporation.(North, Julie)
July 13, 2018 Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Novartis AG for Novartis Corporation. Document filed by Novartis Corporation.(North, Julie)
July 13, 2018 Filing 10 NOTICE OF APPEARANCE by Julie A North on behalf of Novartis Corporation, Novartis Pharmaceuticals Corporation. (North, Julie)
July 13, 2018 Filing 9 NOTICE OF APPEARANCE by Evan R Chesler on behalf of Novartis Corporation, Novartis Pharmaceuticals Corporation. (Chesler, Evan)
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 8 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)
June 27, 2018 NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Unassigned is no longer assigned to the case. (ma)
June 27, 2018 CASE ACCEPTED AS RELATED. Create association to 1:18-cv-04361-VM. Notice of Assignment to follow. (ma)
June 27, 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. (ma)
June 26, 2018 Filing 7 ELECTRONIC SUMMONS ISSUED as to Endo International PLC, Endo Pharmaceuticals Inc., Novartis AG, Novartis Corporation, Novartis Pharmaceuticals Corporation, PAR Pharmaceutical, Inc.. (dnh)
June 25, 2018 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Novartis Pharmaceuticals Corporation; Novartis AG; Novartis Corporation; Endo Pharmaceuticals, Inc.; Endo International PLC; Par Pharmaceutical, Inc., re: #1 Complaint,. Document filed by Rochester Drug Co-Operative, Inc.. (Fields, Kristyn)
June 25, 2018 Case Designated ECF. (pne)
June 25, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne)
June 25, 2018 CASE REFERRED TO Judge Victor Marrero as possibly related to 18CV4361. (pne)
June 25, 2018 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kristyn Fields to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason: no defendant name entered in the 'To' field on the summons request form. 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)
June 25, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kristyn Fields. The party information for the following party has been modified: Rochester Drug Co-Operative, Inc.. The information for the party has been modified for the following reason: party text was omitted. (pne)
June 22, 2018 Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-4361. Document filed by Rochester Drug Co-Operative, Inc..(Fields, Kristyn)
June 22, 2018 Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Rochester Drug Co-Operative, Inc..(Fields, Kristyn)
June 22, 2018 Filing 3 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Novartis Pharmaceuticals Corporation; Novartis AG; Novartis Corporation; Endo Pharmaceuticals, Inc.; Endo International PLC; Par Pharmaceutical, Inc., re: #1 Complaint,. Document filed by Rochester Drug Co-Operative, Inc.. (Fields, Kristyn) Modified on 6/25/2018 (pne).
June 22, 2018 Filing 2 CIVIL COVER SHEET filed. (Fields, Kristyn)
June 22, 2018 Filing 1 COMPLAINT against Endo International PLC, Endo Pharmaceuticals Inc., Novartis AG, Novartis Corporation, Novartis Pharmaceuticals Corporation, PAR Pharmaceutical, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-15239452)Document filed by Rochester Drug Co-Operative, Inc..(Fields, Kristyn)

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Search for this case: Rochester Drug Co-Operative, Inc. v. Novartis Pharmaceuticals Corporation et al
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Plaintiff: Rochester Drug Co-Operative, Inc.
Represented By: Kristyn Fields
Represented By: Joseph Thomas Lukens
Represented By: Peter Russell Kohn
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Plaintiff: Walgreen CO
Represented By: Lauren Carol Ravkind
Represented By: Scott Eliot Perwin
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Plaintiff: The Kroger Co.
Represented By: Lauren Carol Ravkind
Represented By: Scott Eliot Perwin
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Defendant: Endo Pharmaceuticals Inc.
Represented By: Benjamin M. Greenblum
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Defendant: Endo International PLC
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Defendant: PAR Pharmaceutical, Inc.
Represented By: Benjamin M. Greenblum
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Defendant: Novartis Pharmaceuticals Corporation
Represented By: Julie A North
Represented By: Evan R Chesler
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Defendant: Novartis AG
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Defendant: Novartis Corporation
Represented By: Julie A North
Represented By: Evan R Chesler
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