Hy-Vee, Inc. v. Astrazeneca Pharmaceuticals LP et al
Hy-Vee, Inc. |
Par Pharmaceutical Inc., Astrazeneca LP, Astrazeneca UK Limited, Astrazeneca Pharmaceuticals LP, Accord Healthcare Inc. and Handa Pharmaceuticals LLC |
1:2020cv04483 |
June 11, 2020 |
US District Court for the Southern District of New York |
Colleen McMahon |
Anti-Trust |
15 U.S.C. § 1 |
Plaintiff |
Docket Report
This docket was last retrieved on August 19, 2020. A more recent docket listing may be available from PACER.
Document Text |
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Received e-mail from the United States District Court - District of Delaware acknowledging receipt of transferred case. Assigned Case Number: 1:20-cv-01089, filed on 08/19/2020. (sjo) |
CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Delaware. (mml) |
Filing 19 ORDER GRANTING DEFENDANTS' MOTION TO TRANSFER: Defendants' motions to transfer the case to the District of Delaware are GRANTED. This constitutes the decision and order of the court. It is a "written opinion." The Clerk of Court is respectfully directed to close the open motions at CVS Dkt. Nos. 29 and 34, Walgreen Dkt. Nos. 12 and 18 from the courts list of open motions; and transfer all three cases to the United States District Court for the District of Delaware. (Signed by Judge Colleen McMahon on 8/12/2020) (mml) Transmission to Office of the Clerk of Court for processing. |
Filing 18 ORDER ADMITTING COUNSEL PRO HAC VICE granting #15 Motion for John E. Schmidtlein to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 8/12/2020) (rj) |
Filing 17 ORDER ADMITTING COUNSEL PRO HAC VICE granting #16 Motion for Colette T. Connor to Appear Pro Hac Vice. 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 Colleen McMahon on 8/12/2020) (mml) |
Filing 16 MOTION for Colette T. Connor to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Astrazeneca LP, Astrazeneca Pharmaceuticals LP, Astrazeneca UK Limited. (Attachments: #1 Declaration, #2 Proposed Order, #3 VA Certificate of Good Standing, #4 DC Certificate of Good Standing).(Connor, Colette) |
Filing 15 MOTION for John E. Schmidtlein to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Astrazeneca LP, Astrazeneca Pharmaceuticals LP, Astrazeneca UK Limited. (Attachments: #1 Declaration, #2 Proposed Order, #3 CA Certificate of Good Standing, #4 DC Certificate of Good Standing).(Schmidtlein, John) |
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #14 MOTION for Colette T. Connor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20931655. Motion and supporting papers to be reviewed by Clerk's Office staff., #13 MOTION for John E. Schmidtlein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20931031. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Attorney Affidavit not notarized. Please re-file entire motion and make sure your affidavit is 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.. (bcu) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #15 MOTION for John E. Schmidtlein 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) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Colette T. Connor 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) |
Filing 14 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Colette T. Connor to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20931655. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Astrazeneca LP, Astrazeneca Pharmaceuticals LP, Astrazeneca UK Limited. (Attachments: #1 Affidavit PHV Affidavit, #2 Text of Proposed Order PHV Proposed Order, #3 Exhibit VA Certificate of Good Standing, #4 Exhibit DC Certificate of Good Standing).(Connor, Colette) Modified on 7/31/2020 (bcu). |
Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for John E. Schmidtlein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20931031. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Astrazeneca LP, Astrazeneca Pharmaceuticals LP, Astrazeneca UK Limited. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Exhibit CA Certificate of Good Standing, #4 Exhibit DC Certificate of Good Standing).(Schmidtlein, John) Modified on 7/31/2020 (bcu). |
Filing 12 ENDORSED LETTER addressed to All parties in the above captioned matters:from Chief Judge Colleen McMahon dated 7/30/2020 re: CVS Pharmacy, Inc. et al v. Astrazeneca Pharmaceuticals L.P., et al.(19-cv-9999-CM); Walgreen Co. et al v. Astrazeneca Pharmaceuticals L.P. et al. (19-cv-10049-CM); Hy-Vee, Inc. v. AstraZeneca Pharmaceuticals LP et al. (20-cv-4483-CM) ENDORSEMENT: In their motion papers, the parties reference certain inventory management agreements dated April 1, 2016 between Defendants AstraZeneca LP and AstraZeneca Pharmaceutical LP and each of the Retailer Plaintiffs' assignors: AmerisourceBergen Corporation (through its operating subsidiaries, including AmerisourceBergen Drug Corporation); Cardinal Health, Inc. (through its operating affiliates); and McKesson Corporation. I cannot seem to find copies of those agreements in the record. Please file these agreements on ECF immediately.Thank you all for your prompt response to this inquiry. (Signed by Judge Colleen McMahon on 7/30/2020) (js) |
Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Astrazeneca PLC for Astrazeneca Pharmaceuticals LP, Astrazeneca UK Limited. Document filed by Astrazeneca LP, Astrazeneca Pharmaceuticals LP, Astrazeneca UK Limited..(Greenblum, Benjamin) |
Filing 10 NOTICE OF APPEARANCE by Benjamin M. Greenblum on behalf of Astrazeneca LP, Astrazeneca Pharmaceuticals LP, Astrazeneca UK Limited..(Greenblum, Benjamin) |
Filing 9 ORDER FOR ADMISSION PRO HAC VICE granting #6 Motion for Scott E. Perwin to Appear Pro Hac Vice. 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 Colleen McMahon on 6/24/2020) (mml) |
Filing 8 STIPULATION: 1. The Complaint filed in this action on June 11, 2020 shall be deemed to have been served on all Defendants as of the date this Stipulation is approved and entered by the Court. 2. Except as to service of process, in joining this Stipulation, Defendants do not thereby waive, and expressly reserve, all objections and defenses to these actions, including without limitation any objections and defenses as to personal jurisdiction and venue. 3. This action is hereby consolidated as a member case to the J.M. Smith case, Civil Action No. 1:19-cv-7233. 4. The pending motions to dismiss or transfer, oppositions thereto, reply briefs, and documents submitted in support thereof filed in the Walgreen and CVS actions I shall be deemed to have been filed in this action, mutatis mutandis, and the Court's ruling on those motions shall be deemed to apply to this action. The parties shall retain all appellate rights they would have if the motions and oppositions were refiled in this action. SO ORDERED. (Signed by Judge Colleen McMahon on 6/24/2020) (mml) |
CONSOLIDATED MEMBER CASE: Create association to 1:19-cv-07233-CM. (mml) |
Filing 7 PROPOSED STIPULATION AND ORDER. Document filed by Hy-Vee, Inc...(Perwin, Scott) |
CASE ACCEPTED AS RELATED. Create association to 1:19-cv-07233-CM. Notice of Assignment to follow. (wb) |
NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case..(wb) |
Magistrate Judge Sarah L. Cave 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
Case Designated ECF. (pc) |
CASE REFERRED TO Judge Colleen McMahon as possibly related to 19cv7233. (pc) |
Filing 6 MOTION for Scott E. Perwin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20217912. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Hy-Vee, Inc.. (Attachments: #1 Affidavit Affidavit in Support, #2 Text of Proposed Order Proposed Order).(Perwin, Scott) |
Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hy-Vee, Inc...(Perwin, Scott) |
Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:19-cv-10049. Document filed by Hy-Vee, Inc...(Perwin, Scott) |
Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:19-cv-07233. Document filed by Hy-Vee, Inc...(Perwin, Scott) |
Filing 2 CIVIL COVER SHEET filed..(Perwin, Scott) |
Filing 1 COMPLAINT against Accord Healthcare Inc., Astrazeneca LP, Astrazeneca Pharmaceuticals LP, Astrazeneca UK Limited, Handa Pharmaceuticals LLC, Par Pharmaceutical Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-20217641)Document filed by Hy-Vee, Inc...(Perwin, Scott) |
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #6 MOTION for Scott E. Perwin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20217912. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad) |
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