Chinnery v. AbbVie Inc. et al
| KATHARINE CHINNERY, Teamsters Local 237 Retirees' Benefit Fund, Teamsters Local 237 Welfare Fund and Katherine Chinnery |
| AbbVie Inc., Forest Laboratories LLC, Allergan Sales LLC, Forest Laboratories Holdings Ltd., Forest Laboratories Inc., Allergan Inc., Forest Laboratories Ireland, Ltd. and Allergan USA, Inc. |
| Mayor and City Council of Baltimore |
| 1:2020cv07177 |
| September 2, 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 7
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 6 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 Retirees' Benefit Fund, Teamsters Local 237 Welfare Fund. (Attachments: #1 Exhibit A - Firm Resume).(Sharp, Christina) |
| Filing 5 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 4 LETTER addressed to Judge Lewis J. Liman from Jeffrey J. Corrigan/John A. Macoretta dated 09/09/20 re: Lead Counsel Appointment. Document filed by Katherine Chinnery..(Corrigan, Jeffrey) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case. (ad) |
| 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. (ad) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-05538-LJL. Notice of Assignment to follow. (ad) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jeffrey J. Corrigan. The party information for the following party/parties has been modified: KATHARINE CHINNERY. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (dnh) |
| Case Designated ECF. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(dnh) |
| CASE REFERRED TO Judge Lewis J. Liman as possibly related to 1:20-cv-05538-LJL. (dnh) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-05538-LJL. Document filed by KATHARINE CHINNERY..(Corrigan, Jeffrey) |
| Filing 2 CIVIL COVER SHEET filed..(Corrigan, Jeffrey) |
| Filing 1 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-21460923)Document filed by KATHARINE CHINNERY..(Corrigan, Jeffrey) |
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