J M Smith Corporation v. Forest Laboratories Inc. et al
| J M Smith Corporation doing business as Smith Drug Company and J M Smith Corporation on behalf of itself and all others similarly situated doing business as Smith Drug Company |
| Forest Laboratories Ireland, LTD, Forest Laboratories, LLC, Allergan, Inc., Allergan Sales LLC, Forest Laboratories Holdings Ltd., Forest Laboratories Inc., Abbvie, Inc. and Allergan USA, Inc. |
| 1:2020cv05735 |
| July 23, 2020 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Anti-Trust |
| 15 U.S.C. § 1 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 24, 2023. A more recent docket listing may be available from PACER.
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Filing 46
NOTICE OF APPEARANCE by Joseph Opper on behalf of J M Smith Corporation..(Opper, Joseph)
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Filing 45
LETTER addressed to Judge Lewis J. Liman from Bruce E. Gerstein dated September 9, 2020 re: Application for co-lead counsel in the direct purchaser actions. Document filed by J M Smith Corporation. (Attachments: #1 Exhibit A - Text of Proposed Order, #2 Exhibit B - Firm Resumes, #3 Exhibit C - Transcript - In re Loestrin 24 Fe).(Gerstein, Bruce)
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Filing 44
ORDER: The Court is in receipt of motions by certain plaintiffs in these related actions informing the Court that those plaintiffs intend to seek the appointment of Interim Lead or Co-Lead Class Counsel pursuant to Federal Rule of Civil Procedure 23(g)(3) and The Manual for Complex Litigation (Fourth Edition) ("Manual") 10.22. The Court agrees that it is more sensible to delay preparation of a case management plan and the Initial Pretrial Conference until after a decision on a motion to appoint lead counsel. Accordingly, the Initial Pretrial Conference currently scheduled for September 16, 2020 is ADJOURNED pending further order of the Court, and the parties are relieved, temporarily, of the obligation to prepare a proposed case management plan and scheduling order. IT IS FURTHER ORDERED that the End-Payor Plaintiffs shall submit leadership applications by September 9, 2020. Each applicant shall submit a single-spaced letter, not exceeding five pages, with no more than one attachment consisting of a firm or individual applicant resume. No opposition or reply to any application is permitted without permission of the Court. An initial pretrial conference will be scheduled upon a decision on the leadership applications. SO ORDERED. (Signed by Judge Lewis J. Liman on 9/4/2020) (va)
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Filing 43
LETTER addressed to Judge Lewis J. Liman from Bruce E. Gerstein dated September 2, 2020 re: Complaint Against Generic Manufacturers. Document filed by J M Smith Corporation. (Attachments: #1 Exhibit Exhibit A - Complaint).(Gerstein, Bruce)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #42 MOTION for Peter J. Carney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21435540. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 42
MOTION for Peter J. Carney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21435540. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Abbvie, Inc., Allergan Sales LLC, Allergan USA, Inc., Allergan, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories Inc., Forest Laboratories Ireland, LTD, Forest Laboratories, LLC. (Attachments: #1 Affidavit, #2 DC - Certificate of Good Standing, #3 VA - Certificate of Good Standing, #4 Text of Proposed Order).(Carney, Peter)
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Filing 41
LETTER addressed to Judge Lewis J. Liman from Bruce E. Gerstein dated August 24, 2020 re: Objection to Consolidation of Direct Purchaser Cases with End Payor Cases. Document filed by J M Smith Corporation..(Gerstein, Bruce)
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Filing 40
LETTER addressed to Judge Lewis J. Liman from J. Mark Gidley dated August 20, 2020 re: Confirmation that all Defendants intend to file a timely motion to dismiss in response to the complaint. Document filed by Abbvie, Inc., Allergan Sales LLC, Allergan USA, Inc., Allergan, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories Inc., Forest Laboratories Ireland, LTD, Forest Laboratories, LLC..(Gidley, John)
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Filing 39
ORDER: IT IS HEREBY ORDERED that any party objecting to consolidation shall file a letter on ECF, not to exceed two pages, by August 24, 2020. IT IS FURTHER ORDERED that counsel for all parties appear for an Initial Pretrial Conference by TELEPHONE on September 16, 2020, at 11:00 a.m. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. Initial Conference set for 9/16/2020 at 11:00 AM before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 8/17/2020) (va)
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Filing 38
LETTER MOTION for Extension of Time to File Responsive Pleadings addressed to Judge Lewis J. Liman from J. Mark Gidley dated August 12, 2020. Document filed by Abbvie, Inc., Allergan Sales LLC, Allergan USA, Inc., Allergan, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories Inc., Forest Laboratories Ireland, LTD, Forest Laboratories, LLC..(Gidley, John)
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Filing 37
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AbbVie Inc. for Allergan Sales LLC, Allergan USA, Inc., Allergan, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories Inc., Forest Laboratories Ireland, LTD, Forest Laboratories, LLC. Document filed by Abbvie, Inc., Allergan Sales LLC, Allergan USA, Inc., Allergan, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories Inc., Forest Laboratories Ireland, LTD, Forest Laboratories, LLC..(Gidley, John)
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Filing 36
NOTICE OF APPEARANCE by John Mark Gidley on behalf of Abbvie, Inc., Allergan Sales LLC, Allergan USA, Inc., Allergan, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories Inc., Forest Laboratories Ireland, LTD, Forest Laboratories, LLC..(Gidley, John)
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Filing 35
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Chris Letter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21123498. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by J M Smith Corporation. (Attachments: #1 Affidavit of Chris Letter, #2 Text of Proposed Order Order for Admission).(Letter, Chris) Modified on 8/12/2020 (vba).
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Filing 34
FILING ERRROR - DEFICIENT DOCKET ENTRY - MOTION for Christopher Stow-Serge to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21122489. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by J M Smith Corporation. (Attachments: #1 Affidavit of Christopher Stow-Serge, #2 Order for Admission).(Stow-Serge, Christopher) Modified on 8/12/2020 (vba).
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Filing 33
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Andrew Kelly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21122016. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by J M Smith Corporation. (Attachments: #1 Affidavit of Andrew Kelly, #2 Text of Proposed Order Order for Admission).(Kelly, Andrew) Modified on 8/12/2020 (vba).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #33 MOTION for Andrew Kelly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21122016. 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 LOUISIANA; 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)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #34 MOTION for Christopher Stow-Serge to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21122489. 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 LOUISIANA; 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)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #35 MOTION for Chris Letter to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21123498. 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 LOUISIANA; 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)
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Filing 32
CLERK CERTIFICATE OF MAILING of one copy of the Summons (ECF No. 19); Complaint (ECF No. 1); Civil Cover Sheet (ECF No. 2); and Related Case Statement (ECF No. 3) mailed to Forest Laboratories Holdings, Ltd 18 Parliament Street Hamilton HM-11 Bermuda on 8/4/2020 by Federal Express tracking # 7711 4140 2590, to the individual of the foreign state, pursuant to the provisions of FRCP 4(f)2(c)(ii). (smc)
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Filing 31
CLERK CERTIFICATE OF MAILING of one copy of the the Summons (ECF No. 19); Complaint (ECF No. 1); Civil Cover Sheet (ECF No. 2); and Related Case Statement (ECF No. 3), mailed to Forest Laboratories Ireland, Ltd Clonshaugh Industrial Estate Dublin 17 Ireland on 8/4/2020 by Federal Express tracking # 7711 4143 8926, to the individual of the foreign state. (smc)
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Filing 30
MOTION for Joseph T. Lukens to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20909478. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by J M Smith Corporation. (Attachments: #1 Declaration of Joseph T. Lukens in Support of Plaintiff's Motion for Mr. Lukens' Admission Pro Hac Vice, #2 Certificate of Good Standing from the Supreme Court of Pennsylvania, #3 Text of Proposed Order).(Lukens, Joseph)
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Filing 29
MOTION for Peter Kohn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20909100. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by J M Smith Corporation. (Attachments: #1 Declaration of Peter Kohn in Support of Plaintiff's Motion for Mr. Kohn's Admission Pro Hac Vice, #2 Certificate of Good Standing from the Supreme Court of Pennsylvania, #3 Text of Proposed Order).(Kohn, Peter)
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Filing 28
AFFIDAVIT OF SERVICE of Summons and Complaint,. Abbvie, Inc. served on 7/28/2020, answer due 8/18/2020. Service was accepted by Phyllis Mascio. Document filed by J M Smith Corporation..(Litvin, Dan)
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Filing 27
AFFIDAVIT OF SERVICE of Summons and Complaint,. Allergan, Inc. served on 7/28/2020, answer due 8/18/2020. Service was accepted by Robin Hutt-Banks, Agent. Document filed by J M Smith Corporation..(Litvin, Dan)
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Filing 26
AFFIDAVIT OF SERVICE of Summons and Complaint,. Allergan Sales LLC served on 7/28/2020, answer due 8/18/2020. Service was accepted by Julio Quinones, Security/Authorized Agent. Document filed by J M Smith Corporation..(Litvin, Dan)
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Filing 25
AFFIDAVIT OF SERVICE of Summons and Complaint,. Allergan USA, Inc. served on 7/28/2020, answer due 8/18/2020. Service was accepted by Julio Quinones, Security/Authorized Agent. Document filed by J M Smith Corporation..(Litvin, Dan)
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Filing 24
AFFIDAVIT OF SERVICE of Summons and Complaint,. Forest Laboratories Inc. served on 7/28/2020, answer due 8/18/2020. Service was accepted by Corporation Service Company Dropbox ("CSC") per CSC's COVID-19 Protocol. Document filed by J M Smith Corporation..(Litvin, Dan)
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Filing 23
AFFIDAVIT OF SERVICE of Summons and Complaint,. Forest Laboratories, LLC served on 7/28/2020, answer due 8/18/2020. Service was accepted by Robin Hutt-Banks, Agent. Document filed by J M Smith Corporation..(Litvin, Dan)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Joseph T. Lukens to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20909478. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Peter Kohn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20909100. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 22
ELECTRONIC SUMMONS ISSUED as to Allergan Sales LLC..(dnh)
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Filing 21
REQUEST FOR ISSUANCE OF SUMMONS as to Allergan Sales, LLC, re: #1 Complaint,. Document filed by J M Smith Corporation..(Litvin, Dan)
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Filing 20
ELECTRONIC SUMMONS ISSUED as to Forest Laboratories, LLC..(jgo)
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Filing 19
ELECTRONIC SUMMONS ISSUED as to Forest Laboratories Ireland, LTD..(jgo)
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Filing 18
ELECTRONIC SUMMONS ISSUED as to Forest Laboratories Inc...(jgo)
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Filing 17
ELECTRONIC SUMMONS ISSUED as to Forest Laboratories Holdings Ltd...(jgo)
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Filing 16
ELECTRONIC SUMMONS ISSUED as to Allergan, Inc...(jgo)
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Filing 15
ELECTRONIC SUMMONS ISSUED as to Allergan USA, Inc...(jgo)
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Filing 14
ELECTRONIC SUMMONS ISSUED as to Abbvie, Inc...(jgo)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Bruce E. Gerstein. The party information for the following party/parties has been modified: J M Smith Corporation. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo)
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CASE REFERRED TO Judge Lewis J. Liman as possibly related to 20-cv-5538. (jgo)
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Case Designated ECF. (jgo)
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Magistrate Judge Gabriel W. Gorenstein 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)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Bruce E. Gerstein to RE-FILE Document No. #12 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the 'as to' docket entry text and the PDF 'To' section does not exactly match as it appears on the pleading caption;. 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. (jgo)
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NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case..(wb)
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CASE ACCEPTED AS RELATED. Create association to 1:20-cv-05538-LJL. Notice of Assignment to follow. (wb)
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Filing 13
REQUEST FOR ISSUANCE OF SUMMONS as to Forest Laboratories, LLC, re: #1 Complaint,. Document filed by J M Smith Corporation..(Litvin, Dan)
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Filing 12
FILING ERROR - SUMMONS REQUEST As To AND PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Allergan Sales, Inc., re: #1 Complaint,. Document filed by J M Smith Corporation..(Litvin, Dan) Modified on 7/24/2020 (jgo).
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Filing 11
REQUEST FOR ISSUANCE OF SUMMONS as to Forest Laboratories, Inc.,, re: #1 Complaint,. Document filed by J M Smith Corporation..(Litvin, Dan)
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to Forest Laboratories Ireland, Ltd., re: #1 Complaint,. Document filed by J M Smith Corporation..(Litvin, Dan)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Forest Laboratories Holdings, Ltd, re: #1 Complaint,. Document filed by J M Smith Corporation..(Litvin, Dan)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Allergan, Inc., re: #1 Complaint,. Document filed by J M Smith Corporation..(Litvin, Dan)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Allergan USA, Inc, re: #1 Complaint,. Document filed by J M Smith Corporation..(Litvin, Dan)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to AbbVie,Inc., re: #1 Complaint,. Document filed by J M Smith Corporation..(Litvin, Dan)
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Filing 5
NOTICE OF APPEARANCE by Dan Litvin on behalf of J M Smith Corporation..(Litvin, Dan)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by J M Smith Corporation..(Litvin, Dan)
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Filing 3
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-05538. Document filed by J M Smith Corporation..(Litvin, Dan)
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Filing 2
CIVIL COVER SHEET filed..(Litvin, Dan)
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Filing 1
COMPLAINT against Abbvie, Inc., Allergan Sales LLC, Allergan USA, Inc., Allergan, Inc., Forest Laboratories Holdings Ltd., Forest Laboratories Inc., Forest Laboratories Ireland, LTD, Forest Laboratories, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-20819408)Document filed by J M Smith Corporation..(Gerstein, Bruce)
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