Wilder v. Allergan Inc. et al
| John Wilder, Teamsters Local 237 Retirees' Benefit Fund and Teamsters Local 237 Welfare Fund |
| Forest Laboratories Ireland, LTD, Forest Laboratories Holdings, Ltd., AbbVie Inc., Allergan Sales LLC, Forest Laboratories, LLC, Forest Laboratories Inc., Allergan Inc. and Allergan USA, Inc. |
| City of Providence, Rhode Island |
| Mayor and City Council of Baltimore |
| 1:2020cv06769 |
| August 21, 2020 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Anti-Trust |
| 15 U.S.C. § 1 |
| Plaintiff |
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Filing 15
OPINION & ORDER re: (35 in 1:20-cv-05826-LJL) LETTER MOTION for Extension of Time to File Case Management Plan and Scheduling Order and Request for Guidance re: End-Payor Plaintiffs' Leadership Applications addressed to Judge Lewis J. Liman from Sharon Robertson dated September 3, 2 filed by Mayor and City Council of Baltimore. For the foregoing reasons, it is hereby: ORDERED that the motion to appoint Sharon K. Robertson of Cohen Milstein and Robin van der Muelen of Labaton Sucharow as Interim Co-Lead Counsel for the putative class is GRANTED. Cohen Milstein and Labaton Sucharow will be responsible for the overall conduct of the litigation on behalf of the putative class of End-Payor Plaintiffs, including providing supervision of all class Plaintiffs' counsel in this litigation. As Interim Co-Lead Class Counsel, Cohen Milstein and Labaton Sucharow have the authority to: (As further set forth herein this Order.) It is further ORDERED that the motions by other counsel for appointment as interim class counsel for the putative End-Payor class are DENIED. It is further ORDERED that the motion to appoint interim class counsel for the putative Direct Purchaser class is DENIED. It is further ORDERED that Interim Co-Lead Class Counsel may not delegate responsibility or assign legal work to other law firms without the prior approval of the Court. No firm to which to which Interim Co-Lead Counsel delegates responsibility, when delegating with the approval of the Court, may further sub-delegate the work without the prior approval of interim co-lead counsel and the Court. It is further ORDERED that an Initial Pretrial Conference will be held on October 26, 2020 at 10:00 a.m. by TELEPHONE CONFERENCE. At that date and time, the parties are directed to dial the Court's conference line at 888-251-2909 (access code: 2123101). It is further ORDERED that, by October 22, 2020 at 5:00 p.m., interim class counsel for the End-Payor Actions and Defendants thereto, and counsel for the named plaintiff in the Direct Purchaser Actions and Defendants thereto, shall jointly file a single Case Management Plan and Scheduling Order which shall be filed in each of the Direct Purchaser Actions and in the consolidated End-Payor Action, No. 20-cv-5538, and shaLL include the following: (1) a uniform and identical date by which will be filed any amended complaint in the Direct Purchaser Actions and the consolidated amended complaint in the End-Payor Actions; (2) a uniform and identical date by which responsive papers will be due in both the Direct Purchaser and End-Payor Actions; (3) a uniform and identical briefing schedule for any motions to dismiss filed in either the Direct Purchaser or End-Payor Actions; (4) a uniform and identical schedule for discovery and post-discovery conferences and motions that will govern the Direct Purchaser and End-Payor Actions. All deadlines for filing responsive papers are adjourned pending further order of the Court. It is further ORDERED that by October 22, 2020 at 5:00 p.m., counsel in the Direct Purchaser Actions shall file a letter with the Court stating whether the two Direct Purchaser Actions should be consolidated. It is further ORDERED that the End-Payor Actions be consolidated; the Clerk of Court is respectfully directed to consolidate the following cases under No. 20-cv-5538: No. 20-cv-7580; No. 20-cv-7352; No. 20-cv-5837; No. 20-cv-5813; No. 20-cv-7492; No. 20-cv-5826; No. 20-cv-7309; No. 20-cv-5901; No. 20-cv-6769; No. 20-cv-7177; No. 20-cv-6647; No. 20-cv-7296; No. 20-cv-7304. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/13/2020) (va)
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| Set/Reset Hearings: Initial Conference set for 10/26/2020 at 10:00 AM before Judge Lewis J. Liman. (va) |
| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-05538-LJL. (va) |
| Filing 14 LETTER addressed to Judge Lewis J. Liman from Joseph R. Saveri dated 09/17/2020 re: Appointment of Interim Co-Lead Counsel. Document filed by John Wilder..(Williams, Steven) |
| Filing 13 LETTER addressed to Judge Lewis J. Liman from Michael M. Buchman dated September 9, 2020 re: Application for Appointment as Interim Co-Lead Counsel with Stephanie M. Beige for End-Payor Plaintiffs. Document filed by City of Providence, Rhode Island. (Attachments: #1 Exhibit A: Firm Resume).(Buchman, Michael) |
| Filing 12 LETTER addressed to Judge Lewis J. Liman from Mayor and City Council of Baltimore dated Sept. 9, 2020 re: Application for Appointment of Cohen Milstein as Interim Co-Lead Counsel for the Proposed End-Payor Class. Document filed by Mayor and City Council of Baltimore. (Attachments: #1 Exhibit 1).(Robertson, Sharon) |
| Filing 11 LETTER addressed to Judge Lewis J. Liman from Stephanie M. Beige dated September 9, 2020 re: Application for Appointment as Interim Co-Lead Counsel with Michael M. Buchman for End Payor Plaintiffs. Document filed by John Wilder. (Attachments: #1 Attachment A (Firm Resume)).(Beige, Stephanie) |
| Filing 10 LETTER addressed to Judge Lewis J. Liman from Dena C. Sharp dated September 9, 2020 re: Application for Appointment as Interim Lead Counsel. Document filed by Teamsters Local 237 Welfare Fund, Teamsters Local 237 Retirees' Benefit Fund. (Attachments: #1 Exhibit A - Firm Resume).(Sharp, Christina) |
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Filing 9
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 8 LETTER addressed to Judge Lewis J. Liman from Stephanie M. Beige dated September 3, 2020 re: Requirement for Submitting proposed Case Management Plan and Scheduling Order. Document filed by John Wilder..(Beige, Stephanie) |
| Filing 7 LETTER addressed to Judge Lewis J. Liman from Stephanie M. Beige dated April 24, 2020 re: Objection to Consolidation of Direct Purchaser Action (No. 1:20-cv-5735) with End Payor Actions. Document filed by John Wilder..(Beige, Stephanie) |
| Filing 6 COMPLAINT against AbbVie Inc., Allergan Inc., Allergan Sales LLC, Allergan USA, Inc., Forest Laboratories Holdings, Ltd., Forest Laboratories Inc., Forest Laboratories Ireland, LTD, Forest Laboratories, LLC. Document filed by John Wilder..(Beige, Stephanie) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to AbbVie Inc., Allergan Inc., Allergan Sales LLC, Allergan USA, Inc., Forest Laboratories Holdings, Ltd., Forest Laboratories Inc., Forest Laboratories Ireland, LTD, Forest Laboratories, LLC. (sj) |
| 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) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-05538-LJL. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case..(wb) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Stephanie M. Beige. The party information for the following party/parties has been modified: John Wilder. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Stephanie M. Beige to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed by filing attorney. Re-file the pleading using the event type 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. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Stephanie M. Beige. The following case opening statistical information was erroneously selected/entered: Dollar Demand $100,000,000,000; County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 9,999,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (sj) |
| CASE REFERRED TO Judge Lewis J. Liman as possibly related to 1:20cv5538. (sj) |
| Case Designated ECF. (sj) |
| Filing 4 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-05538. Document filed by John Wilder..(Beige, Stephanie) |
| Filing 3 CIVIL COVER SHEET filed..(Beige, Stephanie) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Abbvie Inc.; Allergan Inc.; Allergan Sales LLC; Allergan USA, Inc.; Forest Laboratories, LLC; Forest Laboratories Inc.; Forest Laboratories Holdings, LTD; Forest Laboratories Ireland, LTD, re: #1 Complaint,. Document filed by John Wilder..(Beige, Stephanie) |
| Filing 1 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against AbbVie Inc., Allergan Inc., Allergan Sales LLC, Allergan USA, Inc., Forest Laboratories Holdings, Ltd., Forest Laboratories Inc., Forest Laboratories Ireland, LTD, Forest Laboratories, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-21275748)Document filed by John Wilder.(Beige, Stephanie) Modified on 8/24/2020 (sj). |
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