Teva Pharmaceuticals USA, Inc. v. Perrigo, LLC
| TEVA PHARMACEUTICALS USA, INC. |
| PERRIGO, LLC and Perrigo Pharma International D.A.C. |
| 1:2023cv01825 |
| March 2, 2023 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Contract: Other |
| 28 U.S.C. § 1332 nr Diversity: Notice of Removal |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 2, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 29
PROPOSED STIPULATION AND ORDER. Document filed by Teva Pharmaceuticals USA, Inc...(Wolfson, Joseph)
|
|
Filing 28
PROPOSED STIPULATION AND ORDER. Document filed by Teva Pharmaceuticals USA, Inc...(Wolfson, Joseph)
|
|
Filing 27
SECOND AMENDED COMPLAINT amending #16 Amended Complaint against Teva Pharmaceuticals USA, Inc. with JURY DEMAND.Document filed by Teva Pharmaceuticals USA, Inc.. Related document: #16 Amended Complaint. (Attachments: #1 Exhibit A).(Wolfson, Joseph)
|
|
Filing 26
MEMO ENDORSEMENT: on re: #25 Letter filed by Teva Pharmaceuticals USA, Inc. ENDORSEMENT: In the interest of justice, Plaintiff may file a Second AmendedComplaint by April 28, 2023. See Fed. R. Civ. Pro. 15(a)(2) ("The court should freely give leave [to amend] when justice so requires."). Defendant shall file a renewed pre-motion letter by May 5, 2023. Plaintiff shall file a letter in response by May 12, 2023. The conference scheduled for May 3, 2023, is ADJOURNED to May 17, 2023, at 4:10 P.M. The conference will be telephonic and will takeplace on the following line: 888-363-4749; access code: 558-3333. The start time is approximate but the parties shall be prepared to begin at the appointed time. So Ordered., ( Amended Pleadings due by 4/28/2023., Telephonic Status Conference set for 5/17/2023 at 04:10 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/27/2023) (ama)
|
|
Filing 25
LETTER addressed to Judge Lorna G. Schofield from Joseph E. Wolfson dated April 25, 2023 re: Response to Doc No. 24. Document filed by Teva Pharmaceuticals USA, Inc...(Wolfson, Joseph)
|
|
Filing 24
MEMO ENDORSEMENT: on re: #22 Letter filed by Perrigo Pharma International D.A.C., Perrigo, LLC. ENDORSEMENT: Plaintiff shall file a letter, not to exceed three pages, in response by April 25, 2023. So Ordered. (Signed by Judge Lorna G. Schofield on 4/19/2023) (ama)
|
|
Filing 23
MEMO ENDORSEMENT: on re: #21 Letter filed by Perrigo Pharma International D.A.C., Perrigo, LLC. ENDORSEMENT: A conference will be held on May 3, 2023, at 4:10 P.M. The conference will be telephonic and will take place on the following line: 888-363-4749; access code: 558-3333. The start time is approximate, but the parties shall be prepared to begin at the scheduled time. The parties shall be prepared to discuss their proposal for a modification of the case managementplan. The parties shall also be prepared to discuss Defendants' contemplated partial motion to dismiss and how, if granted, it would affect the scope of discovery. So Ordered., (Telephonic Status Conference set for 5/3/2023 at 04:10 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 4/19/2023) (ama)
|
|
Filing 22
LETTER addressed to Judge Lorna G. Schofield from Carmela T. Romeo dated April 18, 2023 re: Pre-Motion Letter in Support of Perrigo's Request to File a Partial Motion to Dismiss. Document filed by Perrigo Pharma International D.A.C., Perrigo, LLC..(Romeo, Carmela)
|
|
Filing 21
JOINT LETTER addressed to Judge Lorna G. Schofield from Diana Sterk dated April 23, 2023 re: CMO. Document filed by Perrigo Pharma International D.A.C., Perrigo, LLC..(Sterk, Diana)
|
|
Filing 20
ORDER: It is hereby ORDERED that the April 19, 2023, initial pretrial conference is CANCELLED. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated and rescheduled for a later date. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendants seek to file a motion to dismiss, they shall file a premotion letter pursuant to Individual Rules III.A.1 and III.C.2. If Defendants seek a stay of discovery in connection with their motion, they shall state the reasons why such a stay is appropriate. In light of Defendants' representation that their contemplated motion to dismiss applies to only some of Plaintiff's claims, any request for a stay of discovery shall explain how the potential dismissal of the claims subject to the motion will affect the eventual scope of discovery. Defendants are apprised that the Court's general practice is not to stay discovery during the pendency of any motion to dismiss. It is furtherORDERED that if and when the parties would like a referral for further settlement discussions before Magistrate Judge Wang or through the S.D.N.Y. Mediation program, they shall file a joint letter on ECF requesting such a referral. The parties should be aware that the Court does not extend the deadlines for fact andexpert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 4/13/2023) (rro)
|
|
Filing 19
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Defendants are apprised that the pendency of any motion todismiss does not ordinarily provide cause to stay discovery. Settlement discussions have taken place. No additional parties may be joined after Plaintiff's Proposal: 30 days after filing of Defendants' Answer. Amended pleadings may be filed without leave of Court until Plaintiff's Proposal: 15 days after Deadline No. 5. The parties shall file a stipulated ESI protocol and confidentiality agreement for the Court to order no later than April 28, 2023. The parties do not provide a basis to justify the length of the discovery period they request. The deadlines contained in paragraphs 8(b) through 8(f) may be modified upon mutual consent of the parties, provided all fact discovery is complete by August 11, 2023. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by close of fact discovery. Depositions shall not be taken before September 15, 2023, except upon agreement of the parties. This case is to be tried to a jury. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. SO ORDERED. Fact Discovery due by 8/11/2023. Expert Discovery due by 9/27/2023. Estimate length of trial 2 weeks. Telephone Conference set for 10/18/2023 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 4/13/2023) (tg)
|
|
Filing 18
JOINT LETTER addressed to Judge Lorna G. Schofield from Joseph E. Wolfson and Diana Sterk dated April 12, 2023 re: Initial Conference Order. Document filed by Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Exhibit Joint Proposed Case Management Plan).(Adonizio, Peter)
|
|
***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Bradley Louis Mitchell. The following party/parties has been removed from this case: Perrigo Pharma International D.A.C. as ADR Provider. The party was added to the case in error. (jgo)
|
|
Filing 17
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Teva Pharmaceutical Industries Ltd. for Teva Pharmaceuticals USA, Inc.. Document filed by Teva Pharmaceuticals USA, Inc...(Mitchell, Bradley)
|
|
Filing 16
AMENDED COMPLAINT against Perrigo, LLC, Perrigo Pharma International D.A.C. with JURY DEMAND.Document filed by Teva Pharmaceuticals USA, Inc...(Mitchell, Bradley)
|
|
Filing 15
ORDER granting #11 Motion for Joseph E. Wolfson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
|
|
Filing 14
ORDER granting #10 Motion for Peter J. Adonizio, Jr. to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
|
|
Filing 13
ORDER granting #12 Letter Motion for Extension of Time. Application GRANTED. Plaintiff shall file an Amended Complaint no later than April 7, 2023. Defendant shall answer, move or otherwise respond to the Amended Complaint within 21 days of its filing. The date of the initial conference and deadline for filing of the joint letter and proposed case management plan remain the same. The parties are apprised that any request for an extension of time must be made at least two business days prior to the relevant deadline, pursuant to the Court's Individual Rules. Amended Pleadings due by 4/7/2023. (Signed by Judge Lorna G. Schofield on 3/30/2023) (tro)
|
|
Filing 12
JOINT LETTER MOTION for Extension of Time /deadline to respond to Teva's complaint. addressed to Judge Lorna G. Schofield from Dina Sterk dated March 30, 2023. Document filed by Perrigo, LLC..(Sterk, Diana)
|
|
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Joseph E. Wolfson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-27534794. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (dsh)
|
|
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #10 MOTION for Peter J. Adonizio, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27533550. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (dsh)
|
|
Filing 11
MOTION for Joseph E. Wolfson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-27534794. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Affidavit, #3 Supplement Certification of Service, #4 Exhibit Exhibit A, #5 Exhibit Exhibit B).(Wolfson, Joseph)
|
|
Filing 10
MOTION for Peter J. Adonizio, Jr. to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27533550. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Affidavit Affidavit, #2 Text of Proposed Order Proposed Order, #3 Exhibit Certificate of Good Standing, #4 Exhibit Certificate of Service).(Adonizio, Peter)
|
|
Filing 9
ORDER granting #8 Letter Motion for Extension of Time to Answer re #8 LETTER MOTION for Extension of Time to File Answer addressed to Judge Lorna G. Schofield from Diana Sterk dated March 6, 2023. Application GRANTED. Defendant shall answer, move or otherwise respond to the Complaint by March 30, 2023. So Ordered. Perrigo, LLC answer due 3/30/2023. (Signed by Judge Lorna G. Schofield on 3/7/2023) (va)
|
|
Filing 8
LETTER MOTION for Extension of Time to File Answer addressed to Judge Lorna G. Schofield from Diana Sterk dated March 6, 2023. Document filed by Perrigo, LLC..(Sterk, Diana)
|
|
Filing 7
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on April 19, 2023 at 4:10 p.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time. IT IS FURTHER ORDERED that the parties shall file a joint letter on ECF by April 12, 2023 at noon, not to exceed five (5) pages, providing the following information in separate paragraphs: as set forth herein. DATE AND TIME OF TELEPHONIC CONFERENCE: April 19, 2023 at 4:10 p.m. IPTC MATERIALS DUE: April 12, 2023 at noon. Telephonic Initial Conference set for 4/19/2023 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/06/2023) (ama)
|
|
Filing 6
NOTICE OF APPEARANCE by Carmela T. Romeo on behalf of Perrigo, LLC..(Romeo, Carmela)
|
|
Filing 5
NOTICE OF APPEARANCE by Bradley Louis Mitchell on behalf of Teva Pharmaceuticals USA, Inc...(Mitchell, Bradley)
|
|
Filing 4
CIVIL COVER SHEET filed..(Sterk, Diana)
|
|
Magistrate Judge Ona T. Wang 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. (pc)
|
|
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
|
|
Case Designated ECF. (pc)
|
|
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Diana Katherine Sterk. The party information for the following party/parties has been modified: TEVA PHARMACEUTICALS USA, INC., PERRIGO, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; DO NOT TYPE ALL PARTY NAMES IN ALL CAPS. (pc)
|
|
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Diana Katherine Sterk. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc)
|
|
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Diana Katherine Sterk to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): civil cover sheet was not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc)
|
|
Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by PERRIGO, LLC..(Sterk, Diana)
|
|
Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Sterk, Diana) Modified on 3/3/2023 (pc).
|
|
Filing 1
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650601-23. (Filing Fee $ 402.00, Receipt Number ANYSDC-27415612).Document filed by PERRIGO, LLC. (Attachments: #1 Exhibit A - SDNY Complaint, #2 Exhibit B - NY State Complaint).(Sterk, Diana)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
