KPH Healthcare Services, Inc. v. Hetero USA Inc. et al
| KPH Healthcare Services, Inc. a/k/a Kinney Drugs, Inc., KPH Healthcare Services, Inc. and Kinney Drugs, Inc. |
| Hetero USA Inc., Torrent Pharmaceuticals Ltd., Ascend Laboratories, LLC, Actavis, Inc., Glenmark Generics Inc., Hetero Labs Ltd, Torrent Pharma Inc., Watson Laboratories, Inc. (NY), Amerigen Pharmaceuticals Inc., Indchemie Health Specialties Private Ltd., Hetero Drugs LTD., Watson Laboratories, Inc. (NV), Glenmark Pharmaceuticals S.A., Amerigen Pharmaceuticals Ltd., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc., Alkem Laboratories Ltd., Watson Pharmaceuticals Inc., Watson Pharma, Inc., Watson Laboratories, Inc. (CT), Glenmark Generics Ltd. and Watson Laboratories, Inc. (DE) |
| J M Smith Corporation d/b/a Smith Drug Company |
| 1:2020cv08756 |
| October 20, 2020 |
| U.S. 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 15, 2021. A more recent docket listing may be available from PACER.
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Filing 34
ORDER granting (245) Letter Motion to Seal in case 1:20-cv-05735-LJL. Plaintiffs to publicly file redacted complaint within one week of filing complaint under seal. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) Filed In Associated Cases: 1:20-cv-05735-LJL, 1:20-cv-07110-LJL, 1:20-cv-08754-LJL, 1:20-cv-08756-LJL (Liman, Lewis)
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Filing 33
ORDER granting (244) Letter Motion to Seal in case 1:20-cv-05735-LJL. Plaintiffs to publicly filed redacted complaint within one week of the filing of the complaint under seal. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) Filed In Associated Cases: 1:20-cv-05735-LJL, 1:20-cv-07110-LJL, 1:20-cv-08754-LJL, 1:20-cv-08756-LJL (Liman, Lewis)
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Filing 32
ORDER granting (243) Letter Motion to Seal in case 1:20-cv-05735-LJL. Plaintiffs to file redacted complaint publicly within one week of filing of the complaint under seal. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) Filed In Associated Cases: 1:20-cv-05735-LJL, 1:20-cv-07110-LJL, 1:20-cv-08754-LJL, 1:20-cv-08756-LJL (Liman, Lewis)
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Filing 31
MEMORANDUM & ORDER terminating (234) Motion for Discovery in case 1:20-cv-05735-LJL. Accordingly, each individual email withheld as privileged within an email thread must be logged. The parties are ORDERED to meet and confer and propose a revised stipulation and proposed order regarding the production of ESI and hard copy documents within one week of the date of this order. The Clerk of Court is respectfully directed to terminate the motion at Dkt. No. 234. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/9/2021) Filed In Associated Cases: 1:20-cv-05735-LJL, 1:20-cv-07110-LJL, 1:20-cv-08754-LJL, 1:20-cv-08756-LJL (va)
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Filing 30
ORDER denying (79) Motion to Change Venue in case 1:20-cv-05735-LJL. Defendants' motion to transfer venue is DENIED. The Clerk of Court is respectfully directed to terminate the motion at Dkt. No. 79. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/15/2021) Filed In Associated Cases: 1:20-cv-05735-LJL, 1:20-cv-07110-LJL, 1:20-cv-08754-LJL, 1:20-cv-08756-LJL (va)
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Filing 29
ORDER granting (159) Letter Motion to Seal in case 1:20-cv-05735-LJL (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) Filed In Associated Cases: 1:20-cv-05735-LJL, 1:20-cv-07110-LJL, 1:20-cv-08754-LJL, 1:20-cv-08756-LJL (Liman, Lewis)
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Filing 28
ORDER granting (158) Letter Motion to Seal in case 1:20-cv-05735-LJL (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) Filed In Associated Cases: 1:20-cv-05735-LJL, 1:20-cv-07110-LJL, 1:20-cv-08754-LJL, 1:20-cv-08756-LJL (Liman, Lewis)
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| Filing 27 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/6/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:20-cv-05735-LJL, 1:20-cv-07110-LJL, 1:20-cv-08754-LJL, 1:20-cv-08756-LJL.(McGuirk, Kelly) |
| Filing 26 TRANSCRIPT of Proceedings re: CONFERENCE held on 11/6/2020 before Judge Lewis J. Liman. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/7/2020. Redacted Transcript Deadline set for 12/17/2020. Release of Transcript Restriction set for 2/16/2021.Filed In Associated Cases: 1:20-cv-05735-LJL, 1:20-cv-07110-LJL, 1:20-cv-08754-LJL, 1:20-cv-08756-LJL.(McGuirk, Kelly) |
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Filing 25
ORDER granting in part and denying in part (76) Motion to Appoint Counsel in case 1:20-cv-05735-LJL; granting in part and denying in part (15) Motion to Appoint Counsel in case 1:20-cv-08754-LJL; denying (6) Motion to Appoint Counsel ; granting in part and denying in part (17) Motion to Appoint Counsel in case 1:20-cv-08756-LJL. As an initial matter, all parties agree that the Direct Purchaser Actions should be consolidated with one another. The Clerk of Court is respectfully directed to consolidate the above captioned cases under No. 20-cv-5735. As set forth in the operative case management plan, at No. 20-cv-5735, Dkt. No. 82, the Direct Purchaser Actions will be coordinated with the End Payor Actions. The Court hereby GRANTS the application, at No. 20-cv-5735, Dkt. No. 45, to appoint Bruce E. Gerstein and his firm, Garwin Gerstein & Fisher LLP ("Garwin"), and David F. Sorensen and his firm, Berger Montague PC (Berger), as interim co-lead class counsel for the putative direct purchaser class pursuant to Fed. R. Civ. P. 23(g)(3). Garwin and Bergers request to appoint an executive committee is DENIED. The application to appoint Dianne M. Nast ("Nast") and Michael L. Roberts ("Roberts") as interim lead class counsel is DENIED. The request to appoint an executive committee is denied as further set forth in this Order. (Signed by Judge Lewis J. Liman on 11/12/20) Filed In Associated Cases: 1:20-cv-05735-LJL, 1:20-cv-07110-LJL, 1:20-cv-08754-LJL, 1:20-cv-08756-LJL (yv)
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| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-05735-LJL. (yv) |
| Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 11/6/2020. Counsel present by telephone for Plaintiffs. Counsel present by telephone for Defendants. Court reporter present by telephone. The Court held a hearing and heard from various counsel on the pending applications to appoint interim lead counsel in the Direct Purchaser Actions. Motions taken under advisement, decision reserved by the Court. Associated Cases: 1:20-cv-05735-LJL, 1:20-cv-07110-LJL, 1:20-cv-08754-LJL, 1:20-cv-08756-LJL(mf) |
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Filing 24
JOINT CASE MANAGEMENT PLAN AND SCHEDULING ORDER NO. 1: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). Defendants shall file their motions to transfer by Friday, October 30, 2020. Plaintiffs shall file any opposition(s) to Defendants' motion(s) to transfer no later than Friday, November 24, 2020. Defendants shall file any reply in support of their motion to transfer no later than Monday, December 11, 2020. Oral argument, if any, on the motion to transfer shall be on a date set by the Court. J M Smith Drug Company shall file a Response to KPH's Motion regarding appointment of interim lead counsel for the proposed Direct Purchaser Class by October 30, 2020. Direct Purchaser Plaintiffs and End-Payor Plaintiffs shall file their respective Consolidated Class Action Complaints 21 days following the appointment of interim lead counsel for the direct purchaser class. Plaintiffs may amend their respective Consolidated Class Action Complaints no later than 35 days following the filing of Defendants' motion to dismiss, pursuant to the Court's Individual Practice 3.B. Defendants shall move in response to the Direct Purchaser Plaintiffs' Consolidated Class Action Complaint and the End-Payor Plaintiffs' Consolidated Class Action Complaint no later than 65 days following the filing of Plaintiffs' Consolidated Class Action Complaints. Defendants' Answers shall be due in accordance with Fed. R. Civ. P. 12(a)(4)(A). Direct Purchaser Plaintiffs and End-Payor Plaintiffs shall file their opposition(s) no later than 35 days after Defendants file any motion(s) in response to the Direct Purchaser Plaintiffs' Consolidated Complaint and the End-Payor Plaintiffs' Consolidated Complaint. Defendants shall file their replies in support of their motion(s), if any, no later than 28 days after Plaintiffs file any opposition(s). The parties shall file a proposed Protective Order, or proposed competing Protective Orders if the parties do not reach an agreement, no later than December 15, 2020. The files of the coordinated actions shall be maintained in one file under Case No. 1:20-cv-05735-LJL with the following caption: In re Bystolic Antitrust Litigation. When a filing is intended to apply to all actions, the words "All Actions" should appear immediately after the words "This Document Relates To:" in the caption set out above. When a filing is intended to apply only to one, or to some, but not all, of such actions, the party filing the document should indicate the action(s) to which the document is intended to apply. The parties may indicate, for example, "All Direct Purchaser Actions" or "All End-Payor Actions." Following the Court's ruling on any motions to dismiss, the parties agree to meet and confer on deadlines for the remainder of discovery and post-discovery proceedings, including fact and expert discovery, class certification and summary judgment motions and to submit agreed upon or competing scheduling proposals to the Court within 14 days of any ruling on the motions to dismiss and further set forth in this Order. (Motions due by 10/30/2020. Responses due by 11/24/2020 Replies due by 12/11/2020.) (Signed by Judge Lewis J. Liman on 11/4/2020) (rro)
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| Filing 23 REPLY to Response to Motion re: #6 MOTION to Appoint Counsel Motion for Appointment of Interim Co-Lead Counsel for the Direct Purchaser Class., #17 CROSS MOTION to Appoint Counsel . Reply in Support of Plaintiff KPH's Motion for Appointment of Interim Co-Lead Counsel for the Direct Purchaser Class and Response to JM Smith Corporation's Supplemental Cross-Motion for Appointment of Interim Co-Lead Counsel and an Executive Committee. Document filed by KPH Healthcare Services, Inc...(Nast, Dianne) |
| Filing 22 DECLARATION of Peter J. Carney in Support re: #20 MOTION to Transfer Case / Defendants' Notice of Motion to Transfer Venue to the District of New Jersey.. Document filed by Torrent Pharma Inc.. (Attachments: #1 Exhibit 1- Declaration of Brian Fong, #2 Exhibit 2- Declaration of Hany W. Rizkalla, #3 Exhibit 3- Declaration of Amit Ghare, #4 Exhibit 4- Declaration of Sanjay Gupta, #5 Exhibit 5- Declaration of Brian Shanahan, #6 Exhibit 6- Opinion, #7 Exhibit 7- Opinion).(Allon, Devora) |
| Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION to Transfer Case / Defendants' Notice of Motion to Transfer Venue to the District of New Jersey. . Document filed by Torrent Pharma Inc.. (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3).(Allon, Devora) |
| Filing 20 MOTION to Transfer Case / Defendants' Notice of Motion to Transfer Venue to the District of New Jersey. Document filed by Torrent Pharma Inc...(Allon, Devora) |
| Filing 19 MEMORANDUM OF LAW in Support re: #17 CROSS MOTION to Appoint Counsel . . Document filed by J M Smith Corporation d/b/a Smith Drug Company..(Gerstein, Bruce) |
| Filing 18 DECLARATION of Bruce E. Gerstein in Support re: #17 CROSS MOTION to Appoint Counsel .. Document filed by J M Smith Corporation d/b/a Smith Drug Company. (Attachments: #1 Exhibit - Brand Complaint Comparison, #2 Exhibit - Generic Complaint Comparison, #3 Exhibit - Seroquel Complaint Comparison).(Gerstein, Bruce) |
| Filing 17 CROSS MOTION to Appoint Counsel . Document filed by J M Smith Corporation d/b/a Smith Drug Company. (Attachments: #1 Text of Proposed Order).(Gerstein, Bruce) |
| Filing 16 NOTICE OF APPEARANCE by Bruce E. Gerstein on behalf of J M Smith Corporation d/b/a Smith Drug Company..(Gerstein, Bruce) |
| Filing 15 NOTICE OF APPEARANCE by Gilad Bendheim on behalf of Torrent Pharma Inc...(Bendheim, Gilad) |
| Filing 14 NOTICE OF APPEARANCE by Devora Whitman Allon on behalf of Torrent Pharma Inc...(Allon, Devora) |
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Filing 13
ORDER granting #9 Motion for Dianne M. Nast to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (wt)
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Filing 12
ORDER granting #8 Motion for Stephanie Egner Smith to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (wt)
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Filing 11
ORDER granting #7 Motion for Michael L. Roberts to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (wt)
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Filing 10
ORDER: An Initial Pretrial Conference in the cases to which the above referenced cases are related is scheduled to be held on Monday, October 26, 2020 at 10:00 a.m. by TELEPHONE CONFERENCE. It is ORDERED that the parties subject to this order shall appear at that conference. At that date and time, the parties are directed to dial the Court's conference line at 888-251-2909 (access code: 2123101). The parties should be prepared to discuss whether these cases should be consolidated with the earlier-filed Direct Purchaser actions. SO ORDERED. ( Initial Conference set for 10/26/2020 at 10:00 AM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 10/23/2020) (va)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. (56 in 1:20-cv-05735-LJL) MOTION for Amanda Hass 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. Payment was submitted on 10/22/2020. Filed In Associated Cases: 1:20-cv-05735-LJL, 1:20-cv-07110-LJL, 1:20-cv-08754-LJL, 1:20-cv-08756-LJL(ad) |
| Filing 9 AMENDED MOTION for Dianne M. Nast to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KPH Healthcare Services, Inc.. (Attachments: #1 Affidavit, #2 Exhibit - PA Certificate of Good Standing, #3 Exhibit - NJ Certificate of Good Standing, #4 Text of Proposed Order).(Nast, Dianne) |
| Filing 8 MOTION for Stephanie Egner Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22260821. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KPH Healthcare Services, Inc.. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Smith, Stephanie) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Stephanie Egner Smith to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22260821. 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. #9 AMENDED MOTION for Dianne M. Nast 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. (vba) |
| 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case..(wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-07110-LJL. Notice of Assignment to follow. (wb) |
| Filing 7 MOTION for Michael L. Roberts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22243124. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KPH Healthcare Services, Inc.. (Attachments: #1 Affidavit, #2 Exhibit A - Certificates of Good Standing, #3 Text of Proposed Order).(Roberts, Michael) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Dianne M. Nast. The party information for the following party/parties has been modified: KPH Healthcare Services, Inc. a/k/a Kinney Drugs, Inc.. The information for the party/parties has been modified for the following reason/reasons: party text was omitted; alias party name was omitted;. (pc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Michael L. Roberts to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22243124. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Case Designated ECF. (pc) |
| CASE REFERRED TO Judge Lewis J. Liman as possibly related to 20cv7110. (pc) |
| Filing 6 MOTION to Appoint Counsel Motion for Appointment of Interim Co-Lead Counsel for the Direct Purchaser Class. Document filed by KPH Healthcare Services, Inc. a/k/a Kinney Drugs, Inc.. (Attachments: #1 Memorandum in Support of Motion for Appointment of Interim Co-Lead Counsel, #2 Declaration of Dianne M. Nast in Support of Motion for Appointment of Interim Co-Lead Counsel, #3 Text of Proposed Order).(Nast, Dianne) |
| Filing 5 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Dianne M. Nast to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22226870. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by KPH Healthcare Services, Inc. a/k/a Kinney Drugs, Inc.. (Attachments: #1 Affidavit, #2 Exhibit - PA Certificate of Good Standing, #3 Exhibit - NJ Certificate of Good Standing, #4 Text of Proposed Order).(Nast, Dianne) Modified on 10/20/2020 (bcu). |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by KPH Healthcare Services, Inc. a/k/a Kinney Drugs, Inc...(Nast, Dianne) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-07110. Document filed by KPH Healthcare Services, Inc. a/k/a Kinney Drugs, Inc...(Nast, Dianne) |
| Filing 2 CIVIL COVER SHEET filed. (Attachments: #1 Exhibit Defendant Address List).(Nast, Dianne) |
| Filing 1 COMPLAINT against Actavis, Inc., Alkem Laboratories Ltd., Amerigen Pharmaceuticals Inc., Amerigen Pharmaceuticals Ltd., Ascend Laboratories, LLC, Glenmark Generics Inc., Glenmark Generics Ltd., Glenmark Pharmaceuticals S.A., Hetero Drugs LTD., Hetero Labs Ltd, Hetero USA Inc., Indchemie Health Specialties Private Ltd., Teva Pharmaceutical Industries Ltd, Teva Pharmaceuticals USA, Inc., Torrent Pharma Inc., Torrent Pharmaceuticals Ltd., Watson Laboratories, Inc. (CT), Watson Laboratories, Inc. (DE), Watson Laboratories, Inc. (NV), Watson Laboratories, Inc. (NY), Watson Pharma, Inc., Watson Pharmaceuticals Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-22226665)Document filed by KPH Healthcare Services, Inc. a/k/a Kinney Drugs, Inc...(Nast, Dianne) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #5 MOTION for Dianne M. Nast to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22226870. 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;. 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) |
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