Association for Accessible Medicines v. Underwood et al
Plaintiff: Association for Accessible Medicines
Defendant: Howard A. Zucker and Barbara D. Underwood
Case Number: 1:2018cv08180
Filed: September 7, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Katherine Polk Failla
Nature of Suit: Constitutional - State Statute
Cause of Action: 28:1331ss
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 25, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 25, 2018 Opinion or Order Filing 28 MEMO ENDORSEMENT on re: #27 Letter filed by Association for Accessible Medicines. ENDORSEMENT: The Court is in receipt of Plaintiff's letter and shall schedule oral argument in this matter when, and if, the Court believes oral argument would be of use. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/25/2018) (rro)
October 25, 2018 Filing 27 LETTER addressed to Judge Katherine Polk Failla from Jay P. Lefkowitz dated October 25, 2018 re: Oral Argument Availability of the Parties. Document filed by Association for Accessible Medicines.(Lefkowitz, Jay)
October 17, 2018 Filing 26 MEMORANDUM OF LAW in Opposition re: #8 MOTION for Preliminary Injunction . . Document filed by Barbara D. Underwood, Howard A. Zucker. (Farber, Seth)
October 17, 2018 Filing 25 MEMORANDUM OF LAW in Support re: #22 MOTION to Dismiss for Lack of Jurisdiction Notice of Cross-Motion to Dismiss. . Document filed by Barbara D. Underwood, Howard A. Zucker. (Farber, Seth)
October 17, 2018 Filing 24 DECLARATION of Amir Bassiri in Support re: #22 MOTION to Dismiss for Lack of Jurisdiction Notice of Cross-Motion to Dismiss.. Document filed by Barbara D. Underwood, Howard A. Zucker. (Farber, Seth)
October 17, 2018 Filing 23 DECLARATION of Seth Farber in Support re: #22 MOTION to Dismiss for Lack of Jurisdiction Notice of Cross-Motion to Dismiss.. Document filed by Barbara D. Underwood, Howard A. Zucker. (Attachments: #1 Exhibit Ex. A - DOH Regulatory Guidance, #2 Exhibit Assembly Debate Minutes - excerpt)(Farber, Seth)
October 17, 2018 Filing 22 MOTION to Dismiss for Lack of Jurisdiction Notice of Cross-Motion to Dismiss. Document filed by Barbara D. Underwood, Howard A. Zucker.(Farber, Seth)
October 10, 2018 Filing 21 NOTICE OF APPEARANCE by James M. Hershler on behalf of Barbara D. Underwood, Howard A. Zucker. (Hershler, James)
October 4, 2018 Set/Reset Deadlines: (Cross Motions due by 10/17/2018., Responses due by 11/7/2018, Replies due by 11/16/2018.), Set/Reset Deadlines as to #8 MOTION for Preliminary Injunction. (Responses due by 10/17/2018, Replies due by 11/7/2018.) (rro)
October 4, 2018 Opinion or Order Filing 20 ORDER granting #19 Letter Motion for Extension of Time to File. Application GRANTED. No further extensions or modifications will be granted. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/4/2018) (rro)
October 4, 2018 Filing 19 LETTER MOTION for Extension of Time to File Cross-Motion to Dismiss Complaint and Opposition to Plaintiff's Motion for Preliminary Injunction addressed to Judge Katherine Polk Failla from Seth J. Farber dated October 4, 2018. Document filed by Barbara D. Underwood, Howard A. Zucker.(Farber, Seth)
September 24, 2018 Opinion or Order Filing 18 MEMO ENDORSEMENT on re: #17 Letter filed by Association for Accessible Medicines. ENDORSEMENT: Application GRANTED. The Court hereby ADOPTS the briefing schedule outlined in the parties' letter, dated September 24, 2018. (Dkt. #17). SO ORDERED. (Cross Motions due by 10/10/2018., Responses due by 10/31/2018, Replies due by 11/14/2018.), Set Deadlines/Hearing as to #17 Letter, #8 MOTION for Preliminary Injunction" (Responses due by 10/10/2018, Replies due by 10/31/2018.) (Signed by Judge Katherine Polk Failla on 9/24/2018) (rro)
September 24, 2018 Filing 17 LETTER addressed to Judge Katherine Polk Failla from Jay P. Lefkowtiz dated September 24, 2018 re: Response to Court's September 20 Order (Dkt. 15). Document filed by Association for Accessible Medicines.(Lefkowitz, Jay)
September 21, 2018 Filing 16 NOTICE OF APPEARANCE by Seth Jonathan Farber on behalf of Barbara D. Underwood, Howard A. Zucker. (Farber, Seth)
September 20, 2018 Opinion or Order Filing 15 ORDER: Accordingly, it is the Court's preference that the briefing schedules in both matters be coordinated. The parties in this matter are hereby ORDERED to file a letter, on or before September 28, 2018, indicating the degree to which the parties here will be able to adhere to the briefing schedule that the Court has already adopted in the Related Matter. If the parties do not believe that the briefing schedule in the Related Matter can be adopted here, they are directed topropose another schedule. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/20/2018) (rro)
September 18, 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. (wb)
September 18, 2018 NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Unassigned is no longer assigned to the case. (wb)
September 18, 2018 CASE ACCEPTED AS RELATED. Create association to 1:18-cv-06168-KPF. Notice of Assignment to follow. (wb)
September 14, 2018 Filing 14 SUMMONS RETURNED EXECUTED. Howard A. Zucker served on 9/14/2018, answer due 10/5/2018. Service was accepted by Kerry Anne Lawrence, Senior Attorney. Document filed by Association for Accessible Medicines. (Janow, Jonathan)
September 14, 2018 Filing 13 SUMMONS RETURNED EXECUTED. Barbara D. Underwood served on 9/14/2018, answer due 10/5/2018. Service was accepted by Cristal Gazelone, Legal Records Supervisor. Document filed by Association for Accessible Medicines. (Janow, Jonathan)
September 12, 2018 Filing 12 ELECTRONIC SUMMONS ISSUED as to Howard A. Zucker. (pne)
September 12, 2018 Filing 11 ELECTRONIC SUMMONS ISSUED as to Barbara D. Underwood. (pne)
September 10, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Matthew David Rowen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15549193. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
September 10, 2018 Filing 10 MOTION for Matthew David Rowen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15549193. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Association for Accessible Medicines. (Attachments: #1 Affidavit Affidavit of Matthew D. Rowen, #2 Text of Proposed Order Proposed Order)(Rowen, Matthew)
September 10, 2018 CASE REFERRED TO Judge Katherine Polk Failla as possibly related to 18-cv-6168. (jgo)
September 10, 2018 Case Designated ECF. (jgo)
September 10, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo)
September 7, 2018 Filing 9 MEMORANDUM OF LAW in Support re: #8 MOTION for Preliminary Injunction . . Document filed by Association for Accessible Medicines. (Attachments: #1 Exhibit 1 - Declaration of Alvogen, Inc., #2 Exhibit 2 - Declaration of Brendan O'Grady, #3 Exhibit 3 - Declaration of Carl Turner, #4 Exhibit 4 - Declaration of Dmitrey Kuznetsov, #5 Exhibit 5 - Declaration of Chester "Chip" Davis, Jr., #6 Text of Proposed Order)(Lefkowitz, Jay)
September 7, 2018 Filing 8 MOTION for Preliminary Injunction . Document filed by Association for Accessible Medicines.(Lefkowitz, Jay)
September 7, 2018 Filing 7 NOTICE OF APPEARANCE by Jonathan Daniel Janow on behalf of Association for Accessible Medicines. (Janow, Jonathan)
September 7, 2018 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to Howard A. Zucker, re: #1 Complaint. Document filed by Association for Accessible Medicines. (Lefkowitz, Jay) Modified on 9/12/2018 (jgo). Modified on 9/12/2018 (pne).
September 7, 2018 Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Barbara D. Underwood, re: #1 Complaint. Document filed by Association for Accessible Medicines. (Lefkowitz, Jay) Modified on 9/12/2018 (jgo). Modified on 9/12/2018 (pne).
September 7, 2018 Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-06168. Document filed by Association for Accessible Medicines.(Lefkowitz, Jay)
September 7, 2018 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Baxter Healthcare Corporation, Other Affiliate Aurobindo Pharma USA Inc., Other Affiliate Lupin Pharmaceuticals, Inc., Other Affiliate Luitpold Pharmaceuticals, Inc., Other Affiliate Sun Pharmaceutical Industries, Inc., Other Affiliate Teva Pharmaceuticals USA, Other Affiliate Mylan N.V., Other Affiliate 3M Health Care Business, Other Affiliate Accord Healthcare Inc., Other Affiliate Alvogen Inc., Other Affiliate Amneal Pharmaceuticals Inc., Other Affiliate Cipla USA, Other Affiliate Dr. Reddy's Laboratories, Other Affiliate Freesenius Kabi USA LLC, Other Affiliate Glenmark Generics Inc., USA, Other Affiliate Hikma Pharmaceuticals, Other Affiliate Mayne Pharma, Other Affiliate Momenta Pharmaceuticals Inc., Other Affiliate Sagent Pharmaceuticals Inc., Other Affiliate Sandoz, Inc., A Novartis Division, Other Affiliate Strides Pharma Ince., A Strides Shasun Enterprise, Other Affiliate Zydus Pharmaceuticals USA, Other Affiliate Apotex Corporation for Association for Accessible Medicines. Document filed by Association for Accessible Medicines.(Lefkowitz, Jay)
September 7, 2018 Filing 2 CIVIL COVER SHEET filed. (Lefkowitz, Jay)
September 7, 2018 Filing 1 COMPLAINT against Barbara D. Underwood, Howard A. Zucker. (Filing Fee $ 400.00, Receipt Number 0208-15543067)Document filed by Association for Accessible Medicines.(Lefkowitz, Jay)

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Defendant: Howard A. Zucker
Represented By: James M. Hershler
Represented By: Seth Jonathan Farber
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Defendant: Barbara D. Underwood
Represented By: James M. Hershler
Represented By: Seth Jonathan Farber
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Plaintiff: Association for Accessible Medicines
Represented By: Jay Philip Lefkowitz
Represented By: Jonathan Daniel Janow
Represented By: Matthew D. Rowen
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