Meijer, Inc. et al v. Ferring B.V. et al
Plaintiff: Meijer, Inc., Meijer Distribution, Inc. and Ronald L. Seamon
Defendant: Ferring B.V., Ferring Pharmaceuticals, Inc. and Aventis Pharmaceuticals, Inc.
Petitioner: Helen Seamon
Consolidated Plaintiff: Rochester Drug Co-Operative, Inc., Louisiana Wholesale Drug Company, Inc., Vista Healthplan, Inc., Pennsylvania Employees Benefit Trust Fund, Painters District Council No.30 Health and Welfare Fund and Philadelphia Federation of Teachers Health and Welfare Fund
Alternative Dispute Resolution (Adr) Provider: Third Party Payors
Not Classified By Court: Blue Cross Blue Shield Association, Blue Cross and Blue Shield of Florida, Inc., Blue Cross and Blue Shield of Massachusetts, Blue Cross and Blue Shield of North Carolina, Blue Cross and Blue Shield of Rhode Island, Blue Cross Blue Shield of Tennessee, Blue Cross and Blue Shield of Vermont, EmblemHealth, Government Employees Health Association, Harvard Pilgrim Health Care, Inc., Hawaii Medical Service Association, United Healthcare Services, Inc., Humana Inc., Aetna Inc., WellPoint, Inc. and Connecticut General Life Insurance Company
Case Number: 7:2005cv02237
Filed: February 18, 2005
Court: US District Court for the Southern District of New York
Office: White Plains Office
Presiding Judge: Cathy Seibel
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. § 2
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 24, 2015. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 24, 2015 Opinion or Order Filing 194 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a decision proceeding held on 12/16/2013 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...(Staten, Mary)
November 24, 2015 Opinion or Order Filing 193 TRANSCRIPT of Proceedings re: decision held on 12/16/2013 before Judge Cathy Seibel. Court Reporter/Transcriber: Mary Staten, (914) 390-4027. 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 12/18/2015. Redacted Transcript Deadline set for 12/31/2015. Release of Transcript Restriction set for 2/25/2016.(Staten, Mary)
June 10, 2015 Opinion or Order Filing 192 ORDER GRANTING INDIRECT PURCHASER PLAINTIFFS' MOTION FOR APPROVAL OF DISTRIBUTION OF REMAINING SETTLEMENT FUNDS granting (190) Motion to Approve in case 7:05-cv-02237-CS: Upon consideration of Indirect Purchaser Plaintiffs' Motion for Approval of Distribution of Remaining Settlement Funds, it is hereby ORDERED, ADJUDGED and DECREED that: 1. The Motion is hereby GRANTED; and 2. Class Counsel shall distribute the remaining funds in the Settlement Fund, $5,735.29, in a cy pres distribution, to the St. Jude Children's Research Hospital. SO ORDERED. (Signed by Judge Cathy Seibel on 6/10/2015) Filed In Associated Cases: 7:05-cv-02237-CS et al. (lnl)
June 10, 2015 Opinion or Order Filing 191 DECLARATION of Eric Miller in Support re: #190 MOTION to Approve Distribution of Remaining Settlement Funds .. Document filed by Painters District Council No.30 Health and Welfare Fund. (Love, Kevin)
June 10, 2015 Opinion or Order Filing 190 MOTION to Approve Distribution of Remaining Settlement Funds . Document filed by Painters District Council No.30 Health and Welfare Fund. (Attachments: #1 Text of Proposed Order)(Love, Kevin)
November 25, 2014 Opinion or Order Filing 189 ORDER GRANTING INDIRECT PURCHASER PLAINTIFFS' #186 UNOPPOSED MOTION FOR APPROVAL OF DISTRIBUTION OF SETTLEMENT FUND: Upon consideration of Indirect Purchaser Plaintiffs' Unopposed Motion for Approval of Distribution of Settlement Fund, it is hereby ORDERED, ADJUDGED and DECREED that: 1. The Motion is hereby GRANTED; 2. Class Counsel shall immediately pay $101,007.32 from the Settlement Fund to A.B. Data for current and future claims administrative services related to the Settlement Fund; 3. Class Counsel shall immediately pay $5,170.00 from the Settlement Fund to Damasco & Associates LLP for current and future accounting services related to the Settlement Fund; 4. Class Counsel shall then transfer the remainder of the Settlement Fund to the Claims Administrator so that it can distribute the Net Settlement Fund in accordance with the Motion for Approval of Distribution, the Miller Affidavit (and attached Exhibits), and the Plan of Allocation; 5. If, at the close of the distribution, remaining funds in the Settlement Fund total less than $50,000, Class Counsel shall pay the funds, in a cy pres distribution, to a national charity to be named later. 6. A.B. Data is authorized to destroy all documentation related to the distribution three yearsafter the distribution of the Settlement Fund; and 7. The Court shall retain jurisdiction over any further controversy or matter that might arise in connection with this Action. SO ORDERED. (Signed by Judge Cathy Seibel on 11/25/2014) Filed In Associated Cases: 7:05-cv-02237-CS et al. (lnl)
November 24, 2014 Opinion or Order Filing 188 DECLARATION of Jude Damasco in Support re: #186 MOTION for Disbursement of Funds .. Document filed by Painters District Council No.30 Health and Welfare Fund. (Love, Kevin)
November 24, 2014 Opinion or Order Filing 187 DECLARATION of Eric Miller in Support re: #186 MOTION for Disbursement of Funds .. Document filed by Painters District Council No.30 Health and Welfare Fund. (Love, Kevin)
November 24, 2014 Opinion or Order Filing 186 MOTION for Disbursement of Funds . Document filed by Painters District Council No.30 Health and Welfare Fund. (Attachments: #1 Text of Proposed Order)(Love, Kevin)
November 20, 2014 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Kevin Bruce Love to RE-FILE Document #185 MOTION for Disbursement of Funds . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
November 18, 2014 Opinion or Order Filing 185 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Disbursement of Funds . Document filed by Painters District Council No.30 Health and Welfare Fund. (Attachments: #1 Exhibit A (Miller Affidavit), #2 Exhibit B (Damasco Affidavit), #3 Exhibit C (Proposed Order))(Love, Kevin) Modified on 11/20/2014 (db).
May 15, 2014 Opinion or Order Filing 184 ORDER GRANTING INDIRECT PURCHASER PLAINTIFFS' MOTION FOR ORDER AUTHORIZING PAYMENT OF COSTS TO LOWEY DANNENBERG COHEN & HART, P.C.: Upon consideration of Indirect Purchaser Plaintiffs' Motion for Order Authorizing Payment of Costs to Lowey Dannenberg Cohen & Hart, P.C., the Motion is hereby GRANTED. Class Counsel is ORDERED to pay Lowey Dannenberg Cohen & Hart, P.C. the amount of $5.403.09 from Class Counsel's Fee Award. The payment of the $5,403.09 shall in no way reduce the amount of money to be distributed to the Class. ENDORSEMENT: The Clerk shall terminate Doc. 183. SO ORDERED. (Signed by Judge Cathy Seibel on 5/14/2014) Filed In Associated Cases: 7:05-cv-02237-CS et al. (lnl)
May 14, 2014 Opinion or Order Filing 183 MOTION to Approve Payment of Costs to LDCH . Document filed by Painters District Council No.30 Health and Welfare Fund. (Attachments: #1 Exhibit A (Cohen Declaration), #2 Text of Proposed Order)(Love, Kevin)
May 7, 2014 Opinion or Order Filing 182 MANDATE of USCA (Certified Copy) as to #179 Notice of Appeal,, filed by Blue Cross and Blue Shield of Massachusetts, Blue Cross and Blue Shield of Florida, Inc., Blue Cross and Blue Shield of Vermont, Blue Cross Blue Shield of Tennessee, Humana Inc., WellPoint, Inc., Blue Cross and Blue Shield of Rhode Island, Government Employees Health Association, United Healthcare Services, Inc., Hawaii Medical Service Association, Aetna Inc., Harvard Pilgrim Health Care, Inc., EmblemHealth, Blue Cross and Blue Shield of North Carolina, Blue Cross Blue Shield Association USCA Case Number 14-215. The parties have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/07/2014. (nd)
March 10, 2014 Opinion or Order Filing 181 ORDER GRANTING INDIRECT PURCHASER PLAINTIFFS' UNOPPOSED MOTION FOR ORDER AUTHORIZING PAYMENT OF FEES AND COSTS TO CLAIMS ADMINISTRATOR: Upon consideration of Indirect Purchaser Plaintiffs' Unopposed Motion for Order Authorizing Payment of Fees and Costs to Claims Administrator, the Unopposed Motion is hereby GRANTED. Class Counsel and the Escrow Agent are ORDERED to immediately pay A.B. Data, Ltd. the amount of $92.149.91 from the Settlement Fund/Escrow Account for fees and costs related to its duties as Claims Administrator. SO ORDERED. (Signed by Judge Cathy Seibel on 3/7/2014) Filed In Associated Cases: 7:05-cv-02237-CS et al. (lnl)
March 5, 2014 Opinion or Order Filing 180 MOTION to Authorize payment of fees and costs to Claims Administrator. Document filed by Painters District Council No.30 Health and Welfare Fund.(Love, Kevin)
January 16, 2014 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #179 Notice of Appeal,, filed by Blue Cross and Blue Shield of Massachusetts, Blue Cross and Blue Shield of Florida, Inc., Blue Cross and Blue Shield of Vermont, Blue Cross Blue Shield of Tennessee, Humana Inc., WellPoint, Inc., Blue Cross and Blue Shield of Rhode Island, Government Employees Health Association, United Healthcare Services, Inc., Hawaii Medical Service Association, Aetna Inc., Harvard Pilgrim Health Care, Inc., EmblemHealth, Blue Cross and Blue Shield of North Carolina, Blue Cross Blue Shield Association were transmitted to the U.S. Court of Appeals. (tp)
January 16, 2014 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #179 Notice of Appeal. (tp)
January 15, 2014 Opinion or Order Filing 179 NOTICE OF APPEAL from #178 Judgment,,,,,,,,,,. Document filed by Aetna Inc., Humana Inc., WellPoint, Inc., Blue Cross Blue Shield Association, Blue Cross and Blue Shield of Florida, Inc., Blue Cross and Blue Shield of Massachusetts, Blue Cross and Blue Shield of North Carolina, Blue Cross and Blue Shield of Rhode Island, Blue Cross Blue Shield of Tennessee, Blue Cross and Blue Shield of Vermont, EmblemHealth, Government Employees Health Association, Harvard Pilgrim Health Care, Inc., Hawaii Medical Service Association, United Healthcare Services, Inc.. Filing fee $ 505.00, receipt number 0208-9264476. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Cohen, Richard)
December 18, 2013 Opinion or Order Filing 178 ORDER AND FINAL JUDGMENT APPROVING SETTLEMENT BETWEEN INDIRECT PURCHASER CLASS PLAINTIFFS AND DEFENDANTS: ORDERED, ADJUDGED and DECREED THAT: 1. This Court has jurisdiction over this Action and each of the parties to the Settlement Agreement, including all Class Members. 2. The certified Class is set forth as follows: All persons and entities in the United States who Purchased and/or paid for DDAVP or generic versions of DDAVP in tablet form for consumption by themselves, their families, or their members, employees, insureds, participants or beneficiaries during the period from February 18, 2001 through December 31, 2010. For purposes of the Class definition, persons and entities "purchased" DDAVP or generic versions of DDAVP if they paid some or all of the purchase price. Excluded from the Class are Defendants, their parents, employees, subsidiaries and affiliates, and federal government entities (except government-funded employee benefit plans). 3. The Court re-affirms its prior findings (see para. 2 of Preliminary Approval Order [D.E. 142]), made solely in connection with the proposed Settlement, that: (1) the Class is so numerous that joinder of all members is impracticable; (2) there are questions of both law and fact common to the Class; (3) the Class Plaintiffs' claims are typical of the claims of all members of the Class; and (4) the named Plaintiffs and Class Counsel have fairly and adequately represented the interests of the Class, all pursuant to Rule 23(a). The Court additionally re-affirms its prior findings that, in connection with and solely for the purposes of settlement, questions of law or fact common to the members of the Class predominate over any questions affecting only individual members, and that this class action is superior to other available methods for the fair and efficient adjudication of this controversy, pursuant to Rule 23(b)(3). This Class is now finally certified for Settlement purposes. 4. The four Class Members listed in Exhibit "A" attached hereto have requested exclusion from the Class Settlement. Based on the Affidavit of A.B. Data's Eric Miller, I find that these Class Members have properly excluded themselves, and therefore shall not be governed by the releases included in the Settlement Agreement or this Order and Final Judgment. SO ORDERED this 18th day of December, 2013. (Signed by Judge Cathy Seibel on 12/18/2013) (See ORDER as set forth) Filed In Associated Cases: 7:05-cv-02237-CS et al. (lnl)
December 16, 2013 Opinion or Order Minute Entry for proceedings held before Judge Cathy Seibel: Fairness Hearing held on 12/16/2013. Ct. Ex. No. 1: Affidavit of Richard Kirschner in Support of Indirect Purchaser Class Settlement, Ct. Ex. No. 2: Declaration of Aaron Anderson in Support of Indirect Purchaser Class Settlement, Ct. Ex. No. 3: Affidavit of Arthur Steinberg in Support of Indirect Purchaser Class Settlement. Court makes oral ruling on motion Doc. No. 158 for final approval of settlement, and Doc. No. 160 for attorney fees. Motions are granted. Clerk is respectfully directed to term motions Doc. No. 158 and 160. See transcript. Motion(s) terminated: #160 MOTION for Attorney Fees, Costs and Incentive Awards, #158 MOTION to Approve Final Approval of Settlement. (Court Reporter Mary Staten) (lnl)
December 13, 2013 Opinion or Order Filing 177 LETTER addressed to Judge Cathy Seibel from Richard W. Cohen dated December 13, 2013 re: Objections to Proposed Class Action Settlement. Document filed by Third Party Payors. (Attachments: #1 Attachments, #2 Certificate of Service)(Rabinovitz, Uriel)
December 9, 2013 Opinion or Order Filing 176 NOTICE OF APPEARANCE by Kevin Bruce Love on behalf of Painters District Council No.30 Health and Welfare Fund. (Love, Kevin)
December 5, 2013 Opinion or Order Filing 175 DECLARATION of Kevin B. Love re: #172 Response to Objections. Document filed by Painters District Council No.30 Health and Welfare Fund. (Attachments: #1 Exhibit A (Sept 21 Letter), #2 Exhibit B (Proposed Pretrial Order No. 6), #3 Exhibit C (Nov 6, 2006 E-Mail), #4 Exhibit D (Dec 6, 2012 E-Mail), #5 Exhibit E (Barr Press Release), #6 Exhibit F (Lipofsky Declaration), #7 Exhibit G (Meltzer Declaration), #8 Exhibit H (PAL's Objections), #9 Exhibit I (Miller Declaration))(Love, Kevin)
December 5, 2013 Opinion or Order Filing 174 NOTICE OF APPEARANCE by Richard Wolfe Cohen on behalf of Vista Healthplan, Inc.. (Cohen, Richard)
December 5, 2013 Opinion or Order Filing 173 NOTICE OF APPEARANCE by Gerald Lawrence on behalf of Vista Healthplan, Inc.. (Lawrence, Gerald)
December 5, 2013 Opinion or Order Filing 172 RESPONSE re: #168 Objection (non-motion), #170 Objection (non-motion). Document filed by Painters District Council No.30 Health and Welfare Fund. (Love, Kevin)
December 4, 2013 Opinion or Order Filing 171 NOTICE of of Withdrawal of Representation. Document filed by Vista Healthplan, Inc.. (Love, Kevin)
November 22, 2013 Opinion or Order Filing 170 Objection to the Proposed Class Action Settlement. Document filed by Third Party Payors. (Rabinovitz, Uriel)
November 22, 2013 Opinion or Order Filing 169 DECLARATION of Richard W. Cohen. Document filed by Aetna Inc., Connecticut General Life Insurance Company, Humana Inc., WellPoint, Inc.. (Rabinovitz, Uriel)
November 22, 2013 Opinion or Order Filing 168 Objection to the Proposed Class Action Settlement. Document filed by Aetna Inc., Humana Inc., WellPoint, Inc.. (Rabinovitz, Uriel)
November 22, 2013 Opinion or Order Filing 167 NOTICE of Intention to Appear at Fairness Hearing. Document filed by Aetna Inc., Connecticut General Life Insurance Company, Humana Inc., WellPoint, Inc.. (Rabinovitz, Uriel)
November 20, 2013 Opinion or Order Filing 166 NOTICE OF APPEARANCE by Tiffany Danielle Lipscomb-Jackson on behalf of Aventis Pharmaceuticals, Inc.. (Lipscomb-Jackson, Tiffany)
November 12, 2013 Opinion or Order Filing 165 ORDER granting #164 Motion for Tiffany Danielle Lipscomb-Jackson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy)
November 12, 2013 Opinion or Order Filing 164 MOTION for Tiffany Danielle Lipscomb-Jackson to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aventis Pharmaceuticals, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order)(Lipscomb-Jackson, Tiffany)
November 12, 2013 Opinion or Order Filing 163 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Tiffany Danielle Lipscomb-Jackson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9069670. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Aventis Pharmaceuticals, Inc..(Lipscomb-Jackson, Tiffany) Modified on 11/12/2013 (bcu).
November 12, 2013 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #163 MOTION for Tiffany Danielle Lipscomb-Jackson to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9069670. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Proposed Order. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a Proposed Order. (bcu)
November 12, 2013 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #164 MOTION for Tiffany Danielle Lipscomb-Jackson 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. (bcu)
October 24, 2013 Opinion or Order Filing 162 DECLARATION of Kevin Love in Support re: #158 MOTION to Approve Final Approval of Settlement., #160 MOTION for Attorney Fees , Costs and Incentive Awards.. Document filed by Vista Healthplan, Inc.. (Attachments: #1 Exhibit A (Settlement Agreement), #2 Exhibit B (Declaration of Eric Miller), #3 Exhibit C (Love Affidavit), #4 Exhibit D (Cafferty Affidavit), #5 Exhibit E (Macoretta Affidavit), #6 Exhibit F (Meltzer Affidavit))(Love, Kevin)
October 24, 2013 Opinion or Order Filing 161 MEMORANDUM OF LAW in Support re: #160 MOTION for Attorney Fees , Costs and Incentive Awards.. Document filed by Vista Healthplan, Inc.. (Love, Kevin)
October 24, 2013 Opinion or Order Filing 160 MOTION for Attorney Fees , Costs and Incentive Awards. Document filed by Vista Healthplan, Inc..(Love, Kevin)
October 24, 2013 Opinion or Order Filing 159 MEMORANDUM OF LAW in Support re: #158 MOTION to Approve Final Approval of Settlement.. Document filed by Vista Healthplan, Inc.. (Love, Kevin)
October 24, 2013 Opinion or Order Filing 158 MOTION to Approve Final Approval of Settlement. Document filed by Vista Healthplan, Inc.. (Attachments: #1 Exhibit A (Proposed Order and Final Judgment))(Love, Kevin)
May 16, 2013 Opinion or Order Filing 157 ORDER GRANTING INDIRECT PURCHASER PLAINTIFFS' UNOPPOSED MOTION FOR ORDER AUTHORIZING PAYMENT OF FEES TO ESCROW AGENT: Upon consideration of Indirect Purchaser Plaintiffs' Unopposed Motion for Order Authorizing Payment of Fees to Escrow Agent, the Unopposed Motion is hereby GRANTED. Class Counsel and the Escrow Agent are ORDERED to immediately pay Gibraltar Private Bank & Trust Co. the amount of $5,000.00 from the Settlement Fund/Escrow Account for fees related to its duties as Escrow Agent. SO ORDERED. (Signed by Judge Cathy Seibel on 5/16/2013) Filed In Associated Cases: 7:05-cv-02237-CS et al. (lnl)
May 16, 2013 Opinion or Order Filing 156 MOTION to Authorize to pay escrow agent's fees. Document filed by Vista Healthplan, Inc.. (Attachments: #1 Text of Proposed Order)(Love, Kevin)
May 3, 2013 Opinion or Order Filing 155 ORDER GRANTING INDIRECT PURCHASER PLAINTIFFS' UNOPPOSED MOTION FOR ORDER AUTHORIZING PAYMENT OF FEES AND COSTS TO NOTICE ADMINISTRATOR: Upon consideration of Indirect Purchaser Plaintiffs' Unopposed Motion for Order Authorizing Payment of Fees and Costs to Notice Administrator, the Unopposed Motion is hereby GRANTED. Class Counsel and the Escrow Agent are ORDERED to immediately pay Kinsella Media, LLC the amount of $386,270.53 from the Settlement Fund/Escrow Account for fees and expenses related to the dissemination of notice to the Class in this matter. SO ORDERED. (Signed by Judge Cathy Seibel on 5/3/2013) Filed In Associated Cases: 7:05-cv-02237-CS et al. The Clerk's Office Has Mailed Copies (lnl)
April 15, 2013 Opinion or Order Filing 154 NOTICE of of Proposed Plan of Allocation. Document filed by Vista Healthplan, Inc.. (Attachments: #1 Exhibit A (Proposed Plan of Allocation))(Love, Kevin)
April 11, 2013 Opinion or Order Filing 153 MOTION to Authorize payment of fees and costs to notice administrator. Document filed by Vista Healthplan, Inc.. (Attachments: #1 Exhibit A (Invoice), #2 Exhibit B (Proposed Order))(Love, Kevin)
March 26, 2013 Opinion or Order Filing 152 ENDORSED LETTER addressed to Judge Cathy Seibel from Richard W. Cohen, dated 3/25/2013, re: Counsel writes: I know the Court has no appetite for lawyers attacking lawyers. Therefore, I limit my response to the personal attack against me in Kevin Love's letter from earlier today by saying that virtually none of it is true. The purpose of my March 22, 2013 letter was to try to avoid wasting hundreds of thousands of dollars on a notice of settlement that major class members intend to oppose. Mr. Love knew which class members held substantial claims and could have, but did not, consult any of them before agreeing to a settlement. Probable holders of one-third of class claims have now told him there is a serious problem. Pretending to ignore this until December and barreling ahead with an expensive notice program would be foolish. The best opportunity to salvage a settlement is now. We hope Mr. Love takes advantage of it. ENDORSEMENT: Personal comments aside, I see no mechanism for hearing certain objections separately, especially over Plaintiff's counsel's objection. If Mr. Cohen's clients object at the final hearing, I will evaluate the objection as I would any other objection. So Ordered. (Signed by Judge Cathy Seibel on 3/26/2013) (lnl)
March 26, 2013 Opinion or Order Filing 151 Letter addressed to Judge Cathy Seibel from Richard W. Cohen, dated 3/22/2013, re: Counsel for Aetna, Hurnana, CIGNA and WellPoint writes: The Court's preliminary approval order does not require publication of class notice until July 1, 2013. This gives all parties a short window of opportunity to confer and either reform the settlement in ways that will make it acceptable to our clients, or share with us information that might persuade our clients the settlement as proposed is fair. The alternative of simply avoiding this admittedly unpleasant confrontation now will just increase the chances that the settlement will fail nine months from now, after hundreds of thousands of dollars have been wasted on class notice. We believe a conference with the Court would be useful in these circumstances. Document filed by Aetna Inc., Humana Inc., WellPoint, Inc. (lnl)
March 26, 2013 Opinion or Order Filing 150 Letter addressed to Judge Cathy Seibel from Kevin B. Love, dated 3/25/2013, re: Class Counsel requests that the Court deny Mr. Cohen's request to hold a hearing. Filed by Kevin B. Love. (lnl)
March 25, 2013 Opinion or Order Filing 149 NOTICE of Letter. Document filed by Aetna Inc., Connecticut General Life Insurance Company, Humana Inc., WellPoint, Inc.. (Cohen, Richard)
March 25, 2013 Opinion or Order Filing 148 NOTICE of Letter to Court re: #147 Notice (Other). Document filed by Vista Healthplan, Inc.. (Love, Kevin)
March 22, 2013 Opinion or Order Filing 147 NOTICE of of Letter to the Court. Document filed by Aetna Inc., Connecticut General Life Insurance Company, Humana Inc., WellPoint, Inc.. (Rabinovitz, Uriel)
March 22, 2013 Opinion or Order Filing 146 NOTICE OF APPEARANCE by Uriel Rabinovitz on behalf of Connecticut General Life Insurance Company (Rabinovitz, Uriel)
March 22, 2013 Opinion or Order Filing 145 NOTICE OF APPEARANCE by Richard Wolfe Cohen on behalf of Connecticut General Life Insurance Company (Cohen, Richard)
March 22, 2013 Opinion or Order Filing 144 NOTICE OF APPEARANCE by Richard Wolfe Cohen on behalf of Aetna Inc., Humana Inc., WellPoint, Inc. (Cohen, Richard)
March 22, 2013 Opinion or Order Filing 143 NOTICE OF APPEARANCE by Uriel Rabinovitz on behalf of Humana Inc., Aetna Inc., WellPoint, Inc. (Rabinovitz, Uriel)
March 12, 2013 Opinion or Order Filing 142 ORDER GRANTING INDIRECT PURCHASER PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF CLASS ACTION SETTLEMENT: Upon review and consideration of the Settlement Agreement, dated February 26, 2013, and the Indirect Purchaser Plaintiffs' Unopposed Motion for Preliminary Approval of Class Action Settlement, the Memorandum of Law in support thereof and exhibits thereto (including proposed notices to the class) (collectively, the "Settlement Documents"), IT IS HEREBY ORDERED, ADJUDGED AND DECREED that said motion is GRANTED as set forth in this Order. (Signed by Judge Cathy Seibel on 3/11/2013) Filed In Associated Cases: 7:05-cv-02237-CS et al. (See ORDER as set forth) (lnl)
March 12, 2013 Opinion or Order Set Hearing: Final Fairness Hearing set for 12/16/2013 at 10:00 AM before Judge Cathy Seibel in the courtroom assigned to the Honorable Cathy Seibel, U.S.D.J., at the United States District Court for the Southern District of New York, 300 Quarropas Street, White Plains, NY 10601-4150. Associated Cases: 7:05-cv-02237-CS et al. (lnl)
March 5, 2013 Opinion or Order Filing 141 DECLARATION of Kevin Love in Support re: #139 MOTION to Certify Class and to Preliminary Approve Class Action Settlement.. Document filed by Vista Healthplan, Inc.. (Attachments: #1 Exhibit A (Long Form Notice), #2 Exhibit B (Consumer Publication Notice), #3 Exhibit C (TPP Publication Notice, #4 Exhibit D (TPP Postcard Notice), #5 Exhibit E (Dr E-Mail Notice), #6 Exhibit F (Settlement Agreement), #7 Exhibit G (Kinsella Resume), #8 Exhibit H (A.B. Data Resume), #9 Exhibit I (Gibraltar Resume))(Love, Kevin)
March 5, 2013 Opinion or Order Filing 140 MEMORANDUM OF LAW in Support re: #139 MOTION to Certify Class and to Preliminary Approve Class Action Settlement.. Document filed by Vista Healthplan, Inc.. (Love, Kevin)
March 5, 2013 Opinion or Order Filing 139 MOTION to Certify Class and to Preliminary Approve Class Action Settlement. Document filed by Vista Healthplan, Inc.. (Attachments: #1 Text of Proposed Order)(Love, Kevin)
February 22, 2013 Opinion or Order Filing 138 ORDER: Upon consideration of Plaintiffs' Unopposed Motion to Substitute Party Pursuant to FED. R. CIV. P. 25(a), the Motion is GRANTED and Ronald L. Seamon, as Executor of the Will of Helen Ann Seamon, is substituted in place of Helen Ann Seamon as named Plaintiff and proposed Class Representative on behalf of the indirect purchaser class in the above captioned matter. The Clerk of the Court is respectfully directed to terminate the pending motion. (Doc. 136.) SO ORDERED. Helen Seamon terminated in case 7:05-cv-02398-CLB. (Signed by Judge Cathy Seibel on 2/22/2013) Filed In Associated Cases: 7:05-cv-02237-CS et al. (lnl)
February 22, 2013 Opinion or Order Filing 137 SUGGESTION OF DEATH upon the record of Helen Seamon. Document filed by Helen Seamon(Love, Kevin)
February 22, 2013 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Kevin Bruce Love to RE-FILE Document #135 Notice (Other). Use the event type Suggestion of Death found under the event list Other Documents. (ka)
February 21, 2013 Opinion or Order Filing 136 MOTION to Substitute Party. Old Party: Helen Seamon, New Party: Ronald Seamon. Document filed by Helen Seamon. (Attachments: #1 Exhibit A (Order Admitting Will to Probate), #2 Exhibit B (Letters Testamentary), #3 Text of Proposed Order)(Love, Kevin)
February 21, 2013 Opinion or Order Filing 135 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE of Suggestion of Death. Document filed by Helen Seamon. (Love, Kevin) Modified on 2/22/2013 (ka).
January 17, 2013 Opinion or Order Filing 134 ENDORSED LETTER addressed to Judge Cathy Seibel from Kevin B. Love, dated 1/15/2013, re: Counsel for Indirect Purchaser Plaintiffs writes to request that the deadline to file the motion for preliminary approval be extended to March 5, 2013. ENDORSEMENT: Application Granted. So Ordered. (Motions due by 3/5/2013) (Signed by Judge Cathy Seibel on 1/16/2013) (lnl)
December 10, 2012 Opinion or Order Filing 133 ENDORSED LETTER addressed to Judge Cathy Seibel from Kevin B. Love, dated 12/6/2012, re: Counsel along with co-counsel represents the Indirect Purchaser Plaintiffs writes to request that the Court stay any and all current deadlines (the parties believe the only current deadline is the filing of a scheduling order by December 10th). ENDORSEMENT: Application Granted. Parties to submit motion for preliminary approval by 2/5/13. So Ordered. (Motions due by 2/5/2013) (Signed by Judge Cathy Seibel on 12/7/2012) (lnl)
November 30, 2012 Opinion or Order Minute Entry for proceedings held before Judge Cathy Seibel: Status Conference held on 11/30/2012. Parties have agreed on framework for scheduling order and will send agreed-upon order to the Court by 12/10/12. See transcript. Court Reporter: Sue Ghorayeb. (lnl)
November 30, 2012 Opinion or Order Filing 132 NOTICE of Withdrawal of Appearance by Christopher R. Farrell. Document filed by Aventis Pharmaceuticals, Inc.. (Farrell, Christopher)
November 26, 2012 Opinion or Order Filing 131 ORDER, that: 1. The administrative determinations of Rust Consulting, Inc. ("Rust"), the Court-appointed Claims Administrator in this case, regarding the claims submitted in this case (including the acceptance of certain claims) as described in the Declaration of Charlene Young are hereby APPROVED; 2. The settlement funds in the above-captioned action, less any taxes, fees and expenses, and awards approved by the Court, including the deduction of the payments specified in Paragraph 3 herein, (the "Net Settlement Fund") shall be distributed to Class Members as per the recommendations Rust as set forth in the Declaration of Charlene Young and Exhibit F thereto. Such distribution shall occur no later than December 31, 2012; 3. Rust be paid the sum of $68,975.41 from the Net Settlement Fund for its fees and expenses in connection with the services incurred in connection with administering the Settlement herein 4. All persons involved in the review, verification, calculation, tabulation, or any other aspect of the processing of the claims filed herein, or otherwise involved in the administration or taxation of the Settlement Fund, are released and discharged from any and all claims by Class Members arising out of such involvement, and all Class Members, whether or not they are to receive payment from the Net Settlement Fund are barred from making any further claim against the Net Settlement Fund or the Settling Defendants beyond the amount allocated to them pursuant to this Order any further claims against the Settlement Fund established in this case are finally and forever barred; 5. Class Counsel and the Claims Administrator are hereby authorized to discard (a) paper or hard copies of Proof of Claim forms and related documents not less than one year after the distribution of the Net Settlement Fund to Authorized Claimants; and (b) electronic media or data not less than three years after the distribution of the Settlement Fund; 6. This Court retains jurisdiction over any further controversy or matter which may arise in connection with this Action. (Signed by Judge Cathy Seibel on 11/26/2012) (lnl)
November 13, 2012 Opinion or Order Filing 130 DECLARATION of Charlene Young in Support re: #128 CONSENT MOTION for Disbursement of Funds --Distribution of Net Settlement Fund.. Document filed by Louisiana Wholesale Drug Company, Inc., Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Co-Operative, Inc.. (Simons, Daniel)
November 13, 2012 Opinion or Order Filing 129 MEMORANDUM OF LAW in Support re: #128 CONSENT MOTION for Disbursement of Funds --Distribution of Net Settlement Fund.. Document filed by Louisiana Wholesale Drug Company, Inc., Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Co-Operative, Inc.. (Simons, Daniel)
November 13, 2012 Opinion or Order Filing 128 CONSENT MOTION for Disbursement of Funds --Distribution of Net Settlement Fund. Document filed by Louisiana Wholesale Drug Company, Inc., Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Co-Operative, Inc.. (Attachments: #1 Text of Proposed Order)(Simons, Daniel)
November 12, 2012 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Daniel C. Simons to RE-FILE Document #127 Declaration in Support of Motion. ERROR(S): Document linked to filing error. (ldi)
November 12, 2012 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Daniel C. Simons to RE-FILE Document #126 CONSENT MOTION Distribution of Net Settlement Fund. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
November 12, 2012 Opinion or Order Filing 127 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Charlene Young in Support re: #126 CONSENT MOTION Distribution of Net Settlement Fund.. Document filed by Louisiana Wholesale Drug Company, Inc., Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Co-Operative, Inc.. (Simons, Daniel) Modified on 11/13/2012 (ldi).
November 12, 2012 Opinion or Order Filing 126 FILING ERROR - DEFICIENT DOCKET ENTRY - CONSENT MOTION Distribution of Net Settlement Fund. Document filed by Louisiana Wholesale Drug Company, Inc., Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Co-Operative, Inc.. (Attachments: #1 Memorandum of Law in Support of Motion for Distribution, #2 Text of Proposed Order)(Simons, Daniel) Modified on 11/13/2012 (ldi).
October 22, 2012 Opinion or Order Filing 125 ENDORSED LETTER addressed to Judge Cathy Seibel from Kevin B. Love, dated 10/18/2012, re: Counsel for the Indirect Purchaser Plaintiffs writes to request that the Court move the date of the status hearing. Defense counsel for both defendants does not object to continuing the status hearing. ENDORSEMENT: 10/31 Conference adjourned to: 4:00 p.m. on 11/29/2012. So Ordered. (Status Conference set for 11/29/2012 at 04:00 PM before Judge Cathy Seibel) (Signed by Judge Cathy Seibel on 10/19/2012) (lnl)
October 17, 2012 Opinion or Order Filing 124 OPINION AND ORDER: Defendants' Motion to Dismiss is GRANTED IN PART and DENIED IN PART, and Plaintiffs' Request for Judicial Notice is DENIED. The Court dismisses Plaintiffs claims for (1) an injunction under Section 16 of the Clayton Act, (2) violations of the TCPA, and (3) unjust enrichment under Idaho and North Dakota law and under the laws of the states that follow Illinois Brick (Alaska, Colorado, Connecticut, Delaware, Indiana, Kentucky, Louisiana, Maryland, Missouri, New Jersey, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, and Texas). The Clerk of Court is respectfully directed to terminate the pending motions. (Docs. 103, 109.) The parties are to appear for a status conference on October 31, 2012 at 3:00p.m. SO ORDERED. (Signed by Judge Cathy Seibel on 10/16/2012) (lnl)
October 17, 2012 Opinion or Order Set/Reset Hearings: Status Conference set for 10/31/2012 at 03:00 PM before Judge Cathy Seibel. (lnl)
May 21, 2012 Opinion or Order Filing 123 NOTICE OF APPEARANCE by Rosanna K. McCalips on behalf of Aventis Pharmaceuticals, Inc. (McCalips, Rosanna)
May 21, 2012 Opinion or Order Filing 122 NOTICE of Withdrawal of Appearance of Julie E. McEvoy. Document filed by Aventis Pharmaceuticals, Inc.. (Farrell, Christopher)
May 3, 2012 Opinion or Order Filing 121 NOTICE OF CHANGE OF ADDRESS by Kevin Bruce Love on behalf of Vista Healthplan, Inc.. New Address: Criden & Love, P.A., 7301 SW 57th Court, #515, South Miami, Florida, 33143, 305-357-9000. (Love, Kevin)
March 1, 2012 Opinion or Order Filing 120 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting (119) Motion for John A. Macoretta to Appear Pro Hac Vice in case 7:05-cv-02237-CS; granting (31) Motion for John A. Macoretta to Appear Pro Hac Vice in case 7:05-cv-02628-CLB; granting (23) Motion for John A. Macoretta to Appear Pro Hac Vice in case 7:05-cv-02835-CLB; granting (29) Motion for John A. Macoretta to Appear Pro Hac Vice in case 7:05-cv-02928-CLB; granting (27) Motion for John A. Macoretta to Appear Pro Hac Vice in case 7:05-cv-02872-CLB; granting (21) Motion for John A. Macoretta to Appear Pro Hac Vice in case 7:05-cv-02987-CLB; granting (22) Motion for John A. Macoretta to Appear Pro Hac Vice in case 7:05-cv-03178-CLB; granting (23) Motion for John A. Macoretta to Appear Pro Hac Vice in case 7:05-cv-02398-CLB. (Signed by Judge Cathy Seibel on 3/1/2012) Filed In Associated Cases: 7:05-cv-02237-CS et al. (lnl)
February 29, 2012 Opinion or Order Filing 119 MOTION for John A. Macoretta to Appear Pro Hac Vice. Document filed by Pennsylvania Employees Benefit Trust Fund. Filed In Associated Cases: 7:05-cv-02237-CS et al. (lnl)
February 8, 2012 Opinion or Order Filing 118 NOTICE of Withdrawal of Appearance. Document filed by Pennsylvania Employees Benefit Trust Fund. (Lieverman, Theodore)
February 8, 2012 Opinion or Order Filing 117 NOTICE OF APPEARANCE by Jeffrey J. Corrigan on behalf of Pennsylvania Employees Benefit Trust Fund (Corrigan, Jeffrey)
January 19, 2012 Opinion or Order Appeal Record Returned. Indexed record on Appeal Files USCA Case Number 07-1428, returned from the U.S. Court of Appeals. (cda)
December 8, 2011 Opinion or Order Filing 116 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Motion proceeding held on 11/2/11 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: 7:05-cv-02237-CS et al.(McGuirk, Kelly)
December 8, 2011 Opinion or Order Filing 115 TRANSCRIPT of Proceedings re: Motion held on 11/2/2011 before Judge Cathy Seibel. Court Reporter/Transcriber: Albert Gorn, 914-390-4222. 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 1/3/2012. Redacted Transcript Deadline set for 1/12/2012. Release of Transcript Restriction set for 3/12/2012.Filed In Associated Cases: 7:05-cv-02237-CS et al.(McGuirk, Kelly)
December 2, 2011 Opinion or Order Filing 114 NOTICE: This will confirm that there is NO conference scheduled before this Court for December 6, 2011. (lnl)
November 28, 2011 Opinion or Order Filing 113 ORDER AND FINAL JUDGMENT APPROVING SETTLEMENT BETWEEN DIRECT PURCHASER CLASS PLAINTIFFS AND DEFENDANTS FERRING B.V., FERRING PHARMACEUTICALS, INC., AND AVENTIS PHARMACEUTICALS, INC.: Class Counsel have moved for an award of attorneys' fees and reimbursement of expenses. Pursuant to Rules 23(h)(3), 54(d) and 52(a) of the Federal Rules of Civil Procedure, this Court makes the following findings of fact and conclusions of law as set forth in this order. Accordingly, Direct Purchaser Plaintiffs' Class Counsel are hereby awarded attorneys' fees in the amount of 33 1/3% of the gross, or 6,750,000 plus interest through this date. The Court finds this award to be fair and reasonable. Further Direct Purchaser Plaintiffs' Class Counsel are hereby awarded $148,222.40 out of the Settlement Fund to reimburse their expenses incurred in the prosecution of this lawsuit, which the Court finds to be fair and reasonable, and which amount shall be paid to Direct Purchaser Class Counsel from the Settlement Fund in accordance with the terms of the Settlement Agreement Co-Lead Counsel shall allocate the fees and expenses among all of the Class Counsel. The Class Representatives (LWD, ROC and Meijer) are each hereby awarded $30,000 out of the Settlement Fund, for representing the Direct Purchaser Class, which amount is in addition to whatever monies these plaintiffs will receive from the Settlement Fund pursuant to the Plan of Allocation. The Court finds these awards to be fair and reasonable The Court hereby directs that this judgment be entered by the clerk forthwith pursuant to Federal Rule of Civil Procedure 54(b). The direction of the entry of final judgment pursuant to Rule 54(b) is appropriate and proper because this judgment fully and finally adjudicates the claims of the Direct Purchaser Plaintiffs and the Direct Purchaser Class against all Defendants in this action, allows consummation of the Settlement, and will expedite the distribution of the Settlement proceeds to the Direct Purchaser Class members. (See ORDER as set forth) (Signed by Judge Cathy Seibel on 11/28/2011) Filed In Associated Cases: 7:05-cv-02237-CS et al. (lnl)
November 21, 2011 Opinion or Order Filing 112 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 11/2/11 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: 7:05-cv-02237-CS et al.(McGuirk, Kelly)
November 21, 2011 Opinion or Order Filing 111 TRANSCRIPT of Proceedings re: Motion held on 11/2/2011 before Judge Cathy Seibel. Court Reporter/Transcriber: Albert Gorn, 914-390-4222. 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 12/15/2011. Redacted Transcript Deadline set for 12/26/2011. Release of Transcript Restriction set for 2/22/2012.Filed In Associated Cases: 7:05-cv-02237-CS et al.(McGuirk, Kelly)
November 14, 2011 Opinion or Order Filing 110 REPLY to Response to Motion re: #103 MOTION to Dismiss Notice of Defendant's Joint Motion to Dismiss the Indirect Purchaser Plaintiffs' Complaint for Failure to State a Cause of Action. Reply In Support of Request for Judicial Notice. Document filed by Vista Healthplan, Inc.. (Love, Kevin)
November 14, 2011 Opinion or Order Filing 109 NOTICE of Request for Judicial Notice re: #107 Memorandum of Law in Opposition to Motion,. Document filed by Vista Healthplan, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Love, Kevin)
November 10, 2011 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Kevin Bruce Love to RE-FILE Document #108 MOTION Request for Judicial Notice re: #103 MOTION to Dismiss Notice of Defendant's Joint Motion to Dismiss the Indirect Purchaser Plaintiffs' Complaint for Failure to State a Cause of Action., #106 Reply Memorandum of Law in Suppo MOTION Request for Judicial Notice re: #103 MOTION to Dismiss Notice of Defendant's Joint Motion to Dismiss the Indirect Purchaser Plaintiffs' Complaint for Failure to State a Cause of Action., #106 Reply Memorandum of Law in Suppo MOTION Request for Judicial Notice re: #103 MOTION to Dismiss Notice of Defendant's Joint Motion to Dismiss the Indirect Purchaser Plaintiffs' Complaint for Failure to State a Cause of Action., #106 Reply Memorandum of Law in Support. Use the event type Notice (Other) found under the event list Notices. (ldi)
November 10, 2011 Opinion or Order Filing 108 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION Request for Judicial Notice re: #103 MOTION to Dismiss Notice of Defendant's Joint Motion to Dismiss the Indirect Purchaser Plaintiffs' Complaint for Failure to State a Cause of Action., #106 Reply Memorandum of Law in Support of Motion, #107 Memorandum of Law in Opposition to Motion, #105 Memorandum of Law in Opposition, #104 Memorandum of Law in Support of Motion,. Document filed by Vista Healthplan, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Love, Kevin) Modified on 11/14/2011 (ldi).
November 10, 2011 Opinion or Order Filing 107 MEMORANDUM OF LAW in Opposition re: #103 MOTION to Dismiss Notice of Defendant's Joint Motion to Dismiss the Indirect Purchaser Plaintiffs' Complaint for Failure to State a Cause of Action.. Document filed by Vista Healthplan, Inc.. (Love, Kevin)
November 9, 2011 Opinion or Order Filing 106 REPLY MEMORANDUM OF LAW in Support re: #103 MOTION to Dismiss Notice of Defendant's Joint Motion to Dismiss the Indirect Purchaser Plaintiffs' Complaint for Failure to State a Cause of Action.. Document filed by Ferring B.V., Ferring Pharmaceuticals, Inc.. (Wald, Douglas)
November 9, 2011 Opinion or Order Filing 105 MEMORANDUM OF LAW in Opposition DEFENDANTS' OPPOSITION TO PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE. Document filed by Ferring B.V., Ferring Pharmaceuticals, Inc.. (Wald, Douglas)
November 9, 2011 Opinion or Order Filing 104 MEMORANDUM OF LAW in Support re: #103 MOTION to Dismiss Notice of Defendant's Joint Motion to Dismiss the Indirect Purchaser Plaintiffs' Complaint for Failure to State a Cause of Action.. Document filed by Ferring B.V., Ferring Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A)(Wald, Douglas)
November 9, 2011 Opinion or Order Filing 103 MOTION to Dismiss Notice of Defendant's Joint Motion to Dismiss the Indirect Purchaser Plaintiffs' Complaint for Failure to State a Cause of Action. Document filed by Ferring B.V., Ferring Pharmaceuticals, Inc..(Wald, Douglas)
November 2, 2011 Opinion or Order Minute Entry for proceedings held before Judge Cathy Seibel: Fairness Hearing held on 11/2/2011. Settlement agreement approved. Order will be entered on November 28, 2011. See transcript. Associated Cases: 7:05-cv-02237-CS et al. (lnl)
October 25, 2011 Opinion or Order Filing 102 DECLARATION of Robin M. Niemiec in Support re: #99 MOTION to Approve Order Granting Final Approval of Settlement and Plan of Allocation.. Document filed by Louisiana Wholesale Drug Company, Inc., Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Litvin, Dan)
October 25, 2011 Opinion or Order Filing 101 AMENDED MEMORANDUM OF LAW in Support re: #99 MOTION to Approve Order Granting Final Approval of Settlement and Plan of Allocation.. Document filed by Louisiana Wholesale Drug Company, Inc., Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Co-Operative, Inc.. (Attachments: #1 Exhibit Cardinal Letter, #2 Exhibit ABC Letter, #3 Exhibit McKesson Letter, #4 Exhibit Draft Proof of Claim form, #5 Exhibit Letter to Court, #6 Exhibit Certificate of Service)(Litvin, Dan)
October 24, 2011 Opinion or Order ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Dan Litvin to RE-FILE Document #100 Memorandum of Law in Support of Motion. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
October 24, 2011 Opinion or Order Filing 100 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #99 MOTION to Approve Order Granting Final Approval of Settlement and Plan of Allocation. Document filed by Louisiana Wholesale Drug Company, Inc., Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Co-Operative, Inc. (Attachments: #1 Exhibit Rust Affidavit, #2 Exhibit Cardinal Letter, #3 Exhibit ABC Letter, #4 Exhibit McKesson Letter, #5 Exhibit Draft Proof of Claim form, #6 Exhibit Letter to Court, #7 Exhibit Certificate of Service)(Litvin, Dan) Modified on 10/25/2011 (ldi).
October 24, 2011 Opinion or Order Filing 99 MOTION to Approve Order Granting Final Approval of Settlement and Plan of Allocation. Document filed by Louisiana Wholesale Drug Company, Inc., Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Co-Operative, Inc.. Return Date set for 11/2/2011 at 02:00 PM. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit Certificate of Service)(Litvin, Dan)
October 18, 2011 Opinion or Order Filing 98 ORDER granting #97 Motion for Leave to File Excess Pages. ENDORSEMENT: APPLICATION GRANTED. The Clerk shall terminate Doc. 97. (Signed by Judge Cathy Seibel on 10/17/2011) (rj)
October 10, 2011 Opinion or Order Filing 97 MOTION for Leave to File Excess Pages. Document filed by Vista Healthplan, Inc..(Love, Kevin)
September 30, 2011 Opinion or Order Filing 96 MEMO ENDORSEMENT on #74 Motion for Douglas L. Wald to Appear Pro Hac Vice. ENDORSEMENT: Application Granted. The Clerk shall terminate Doc. 74. So Ordered. (Signed by Judge Cathy Seibel on 9/30/2011) (lnl)
September 13, 2011 Opinion or Order Filing 95 DECLARATION of David F. Sorensen in Support re: #91 MOTION for Attorney Fees Reimbursement Of Expenses And Payment Of Service Awards.. Document filed by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Friedland, Shelly)
September 12, 2011 Opinion or Order Filing 94 DECLARATION of Shelly L. Friedland in Support re: #91 MOTION for Attorney Fees Reimbursement Of Expenses And Payment Of Service Awards.. Document filed by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Exhibit 1)(Friedland, Shelly)
September 12, 2011 Opinion or Order Filing 93 DECLARATION of David F. Sorensen in Support re: #91 MOTION for Attorney Fees Reimbursement Of Expenses And Payment Of Service Awards.. Document filed by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Friedland, Shelly)
September 12, 2011 Opinion or Order Filing 92 MEMORANDUM OF LAW in Support re: #91 MOTION for Attorney Fees Reimbursement Of Expenses And Payment Of Service Awards.. Document filed by Meijer Distribution, Inc., Meijer, Inc.. (Friedland, Shelly)
September 12, 2011 Opinion or Order Filing 91 MOTION for Attorney Fees Reimbursement Of Expenses And Payment Of Service Awards. Document filed by Meijer Distribution, Inc., Meijer, Inc.. Return Date set for 11/2/2011 at 02:00 PM.(Friedland, Shelly)
August 16, 2011 Opinion or Order Filing 90 ORDER granting #87 Direct Purchaser Class Plaintiffs' Motion for Class Certification, Appointment of Class Counsel, Preliminary Approval of Proposed Settlement, Approval of Form and Manner of Notice, and Setting Schedule and Final Approval Hearing: Class Counsel shall cause the Mailed Notice substantially in the form attached to the Settlement Agreement to be disseminated by no later than 9/9/2011 or 30 days following the entry of this Order. Potential Class members may opt out of the Class by no later than 10/9/2011. All briefs and materials in support of the application for an award of attorneys' fees and reimbursement of expenses and incentive awards for the named Plaintiffs shall be filed with the Court, and made available on the website maintained by Class Counsel, no later than 9/24/2011. To be valid, any such Objection and/or Notice of Intention to Appear and Summary statement must be postmarked no later than 10/24/2011. All briefs and materials in support of the final approval of the settlement and the entry of final judgment proposed by the parties to the Settlement Agreement shall be filed with the Court no later than 10/24/2011. (Signed by Judge Cathy Seibel on 8/15/2011) (mml)
August 3, 2011 Opinion or Order Filing 89 DECLARATION of Shelly L. Friedland in Support re: #87 MOTION to Certify Class ; Appointment of Class Counsel; For Preliminay Approval Of Propose Settlement; For Approval Of The Form An Manner Of the Notice To The Class, and Setting The Final Settlement Schedule And Date For A Fairness Hearing.. Document filed by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Exhibit 1-4, #2 Exhibit 5-7, #3 Exhibit 8-1 to 8-10, #4 Exhibit 8-11 to 8-21)(Friedland, Shelly)
August 3, 2011 Opinion or Order Filing 88 MEMORANDUM OF LAW in Support re: #87 MOTION to Certify Class ; Appointment of Class Counsel; For Preliminay Approval Of Propose Settlement; For Approval Of The Form An Manner Of the Notice To The Class, and Setting The Final Settlement Schedule And Date For A Fairness Hearing.. Document filed by Meijer Distribution, Inc., Meijer, Inc.. (Attachments: #1 Text of Proposed Order)(Friedland, Shelly)
August 3, 2011 Opinion or Order Filing 87 MOTION to Certify Class ; Appointment of Class Counsel; For Preliminay Approval Of Propose Settlement; For Approval Of The Form An Manner Of the Notice To The Class, and Setting The Final Settlement Schedule And Date For A Fairness Hearing. Document filed by Meijer Distribution, Inc., Meijer, Inc..(Friedland, Shelly)
August 1, 2011 Opinion or Order Filing 86 ENDORSED LETTER addressed to Judge Cathy Seibel from Shelly L. Friedland, dated 7/28/2011, re: Counsel for Direct Purchaser Plaintiffs writes to seek permission to file up to a 35-page brief in support of their forthcoming Motion for Certification of the Class, Appointment of Class Counsel, Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class, and Setting the Final Settlement Schedule and Date for a Fairness Hearing for the reasons set forth in this letter. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge Cathy Seibel on 7/29/2011) (lnl)
July 27, 2011 Opinion or Order Filing 85 MEMO ENDORSEMENT on 83 JOINT NOTICE of Briefing Schedule. ENDORSEMENT: Plaintiffs' proposed schedule is adopted. (Amendment of Complaint due by 7/29/2011) The Clerk's Office Has Mailed Copies. (Signed by Judge Cathy Seibel on 7/27/2011) Filed In Associated Cases: 7:05-cv-02237-CS et al. (lnl)
July 26, 2011 Opinion or Order Filing 84 NOTICE of filing of Amended Consolidated Class Action Complaint. Document filed by Painters District Council No.30 Health and Welfare Fund, Pennsylvania Employees Benefit Trust Fund, Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon, Vista Healthplan, Inc.. (Love, Kevin)
July 22, 2011 Opinion or Order Filing 83 NOTICE of Briefing Schedule. Document filed by Vista Healthplan, Inc.. (Love, Kevin)
July 19, 2011 Opinion or Order Filing 82 NOTICE OF APPEARANCE by Kevin Bruce Love on behalf of Vista Healthplan, Inc. (Love, Kevin)
July 13, 2011 Opinion or Order Filing 81 ENDORSED LETTER addressed to Judge Cathy Seibel from John D. Radice dated 7/11/2011 re: I am writing to inform the Court that an counsel are available for the Final Approval hearing on Wednesday, November 2, 2011, at 2:00 p.m, if the Court is still available at that time. ENDORSEMENT: Final approvement hearing is scheduled for 11/2/2011 at 2:00 pm. SO ORDERED. (Conference set for 11/2/2011 at 02:00 PM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 7/13/2011) (mml)
July 11, 2011 Opinion or Order Filing 80 NOTICE OF APPEARANCE by John Daniel Radice on behalf of Meijer Distribution, Inc., Meijer, Inc. (Radice, John)
July 8, 2011 Opinion or Order Filing 79 ORDER: For the reasons stated in open court on the record on July 6, 2011, the Amended Judgment, (Doc. 50), is hereby vacated. SO ORDERED. (Signed by Judge Cathy Seibel on 7/8/2011) (lnl)
July 6, 2011 Opinion or Order Minute Entry for proceedings held before Judge Cathy Seibel: Status Conference held on 7/6/2011. Pre-Motion Conference held on 7/6/2011. Re: Direct Purchasers: Counsel will submit proposed order and time table by the beginning of August; if approved by the Court, counsel will send notices and final approval hearing will be scheduled for the first week of November. Re: Indirect Purchasers: Parties to submit briefing schedule for Motion to Dismiss by July 22, 2011. See transcript. (Court Reporter Christina Arends Dieck) (mml)
June 29, 2011 Opinion or Order Filing 78 NOTICE OF APPEARANCE by Barbara Helen Wootton on behalf of Ferring B.V., Ferring Pharmaceuticals, Inc. (Wootton, Barbara)
June 29, 2011 Opinion or Order Filing 77 NOTICE of WITHDRAWAL OF APPEARANCE. Document filed by Ferring B.V., Ferring Pharmaceuticals, Inc.. (Boccanfuso, Anthony)
June 10, 2011 Opinion or Order Filing 76 NOTICE OF APPEARANCE by Douglas Lewis Wald on behalf of Ferring B.V., Ferring Pharmaceuticals, Inc. Filed In Associated Cases: 7:05-cv-02237-CS et al.(Wald, Douglas)
June 8, 2011 Opinion or Order Filing 75 NOTICE OF COURT CONFERENCE: A status conference for "Indirect Purchasers" in the above case will be held before the Hon, Cathy Seibel, U.S.D.J. on July 6, 2011 at 10:00 a.m. at the Charles L. Brieant United States Courthouse, 300 Quarropas Street, White Plains, NY 10601, Courtroom 218. Status Conference set for 7/6/2011 at 10:00 AM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Cathy Seibel. (mml)
May 26, 2011 Opinion or Order CASHIERS OFFICE REMARK on #74 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 05/18/2011, Receipt Number 7154. (jd)
May 19, 2011 Opinion or Order Filing 74 MOTION for Douglas L. Wald to Appear Pro Hac Vice. Document filed by Aventis Pharmaceuticals Inc., Ferring B.V., Ferring Pharmaceuticals, Inc., Aventis Pharmaceuticals, Inc.,, Ferring B.V.,, Ferring Pharmaceuticals, Inc.,, Aventis Pharmaceuticals, Inc., Aventis Pharmaceuticals, Inc..Filed In Associated Cases: 7:05-cv-02237-CS et al.(sjo)
April 29, 2011 Opinion or Order Filing 73 MANDATE of USCA (Certified Copy) as to #64 Notice of Appeal,,,, filed by Pennsylvania Employees Benefit Trust Fund, Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon, Vista Healthplan, Inc., Painters District Council NO. 30 Helath & Welfare Fund, USCA Case Number 07-1428. Ordered, Adjudged and Decreed that the judgment of the District Court is REMANDED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 4/28/2011. (fk)
March 17, 2011 Opinion or Order Filing 72 NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Charles L. Brieant is no longer assigned to the case. (rj)
February 1, 2011 Opinion or Order Filing 71 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #64 Notice of Appeal,,,, filed by Pennsylvania Employees Benefit Trust Fund, Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon, Vista Healthplan, Inc., Painters District Council NO. 30 Helath & Welfare Fund, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (cda)
February 1, 2011 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #11 Pretrial Order,,, #50 Amended Judgment, #67 Notice of Change of Address, filed by Meijer Distribution, Inc., Meijer, Inc., #65 Notice (Other) filed by Meijer Distribution, Inc., Meijer, Inc., #9 Letter, #37 Brief filed by Aventis Pharmaceuticals, Inc., #14 Rule 7.1 Corporate Disclosure Statement filed by Aventis Pharmaceuticals, Inc., #48 Order on Motion to Dismiss, #21 Notice (Other) filed by Vista Healthplan, Inc., #47 Notice of Change of Address filed by Meijer Distribution, Inc., Meijer, Inc., #46 Order, #10 Rule 7.1 Corporate Disclosure Statement filed by Ferring Pharmaceuticals, Inc., Ferring B.V., #62 Notice of Substitution of Attorney, filed by Meijer Distribution, Inc., Meijer, Inc., #1 Complaint filed by Meijer Distribution, Inc., Meijer, Inc., #4 Affidavit of Service Complaints, filed by Meijer Distribution, Inc., Meijer, Inc., #36 Notice (Other) filed by Aventis Pharmaceuticals, Inc., #3 Case Declined as Not Similar, #17 Stipulation and Order, #33 Notice (Other) filed by Aventis Pharmaceuticals, Inc., Ferring Pharmaceuticals, Inc., Ferring B.V., #66 USCA Order,, #13 Notice of Appearance, filed by Aventis Pharmaceuticals, Inc., #70 USCA Mandate, #8 Order on Motion for Pre-Trial,, #30 Order on Motion to Appear Pro Hac Vice, #51 MOTION to Amend/Correct #50 Amended Judgment,. MOTION to Amend/Correct #50 Amended Judgment,. filed by Pennsylvania Employees Benefit Trust Fund, Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon, Painters District Council No.30 Health and Welfare Fund, Vista Healthplan, Inc., #41 Memorandum of Law in Opposition to Motion,, filed by Pennsylvania Employees Benefit Trust Fund, Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon, Painters District Council No.30 Health and Welfare Fund, Vista Healthplan, Inc., #56 Reply Memorandum of Law in Support of Motion, filed by Pennsylvania Employees Benefit Trust Fund, Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon, Painters District Council No.30 Health and Welfare Fund, Vista Healthplan, Inc., #40 Memorandum of Law in Opposition to Motion,, filed by Meijer Distribution, Inc., Meijer, Inc., #2 Rule 7.1 Corporate Disclosure Statement filed by Meijer Distribution, Inc., Meijer, Inc., #27 MOTION for Daniel Simons to Appear Pro Hac Vice. filed by Pennsylvania Employees Benefit Trust Fund, Rochester Drug Co-Operative, Inc., Vista Healthplan, Inc., Meijer Distribution, Inc., Louisiana Wholesale Drug Company, Inc., Meijer, Inc., Philadelphia Federation of Teachers Health and Welfare Fund, Painters District Council No.30 Health and Welfare Fund, #52 JOINT MOTION Stipulated Briefing Schedule and Waiver of Oral Argument re: #51 MOTION to Amend/Correct #50 Amended Judgment,..JOINT MOTION Stipulated Briefing Schedule and Waiver of Oral Argument re: #51 MOTION to Amend/Correct #50 Amended Judgment,.. filed by Aventis Pharmaceuticals, Inc., #22 Notice of Appearance filed by Meijer Distribution, Inc., Meijer, Inc., #63 Order on Motion to Amend/Correct,,,,,, #6 JOINT MOTION for Pre-Trial Order No. 1. filed by Meijer Distribution, Inc., Meijer, Inc., #31 Pretrial Order, #34 Brief, filed by Aventis Pharmaceuticals, Inc., Ferring Pharmaceuticals, Inc., Ferring B.V., #69 Status Report filed by Rochester Drug Co-Operative, Inc., Meijer Distribution, Inc., Louisiana Wholesale Drug Company, Inc., Meijer, Inc., #25 Letter, #19 Letter, filed by Meijer Distribution, Inc., Meijer, Inc., #32 JOINT MOTION to Dismiss Direct and Indirect Purchasers' Complaints for Failure to State Claim. filed by Aventis Pharmaceuticals, Inc., Ferring Pharmaceuticals, Inc., Ferring B.V., #42 Reply Memorandum of Law in Support of Motion, filed by Aventis Pharmaceuticals, Inc., Ferring Pharmaceuticals, Inc., Ferring B.V., #55 Memorandum of Law in Opposition to Motion, filed by Aventis Pharmaceuticals, Inc., Ferring Pharmaceuticals, Inc., Ferring B.V., #64 Notice of Appeal,,,, filed by Pennsylvania Employees Benefit Trust Fund, Vista Healthplan, Inc., Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon, Painters District Council NO. 30 Helath & Welfare Fund,, #26 Letter, filed by Rochester Drug Co-Operative, Inc., #23 Notice of Appearance filed by Meijer Distribution, Inc., Meijer, Inc., #28 Complaint, filed by Rochester Drug Co-Operative, Inc., Meijer Distribution, Inc., Louisiana Wholesale Drug Company, Inc., Meijer, Inc., #29 Amended Complaint, filed by Rochester Drug Co-Operative, Inc., Meijer Distribution, Inc., Louisiana Wholesale Drug Company, Inc., Meijer, Inc., #35 MOTION to Dismiss Direct and Indirect Purchasers' Complaints Pursuant to Fed. R. Civ. P. 12(b)(6). MOTION to Dismiss Direct and Indirect Purchasers' Complaints Pursuant to Fed. R. Civ. P. 12(b)(6). filed by Aventis Pharmaceuticals, Inc., #38 Notice of Appearance filed by Ferring Pharmaceuticals, Inc., Ferring B.V., #43 Reply Memorandum of Law in Support of Motion, filed by Aventis Pharmaceuticals, Inc., #20 Letter, filed by Meijer Distribution, Inc., #7 JOINT MOTION for Pre-Trial Entry of Pre-trial Order No. 2. filed by Meijer Distribution, Inc., Meijer, Inc., #49 Judgment, #61 Notice of Appearance filed by Meijer Distribution, Inc., Meijer, Inc., #24 Notice of Appearance, filed by Aventis Pharmaceuticals, Inc., Ferring Pharmaceuticals, Inc., Ferring B.V., #18 Notice (Other) filed by Painters District Council No.30 Health and Welfare Fund, #44 MOTION for Leave to Appear General Appearance -- All actions. filed by Aventis Pharmaceuticals, Inc., #60 Notice (Other) filed by Painters District Council No.30 Health and Welfare Fund, #45 JOINT MOTION for Pre-Trial Order No. 5. filed by Aventis Pharmaceuticals, Inc., #39 Affidavit of Service Other, filed by Meijer Distribution, Inc., Meijer, Inc., #15 MOTION for Joseph M. Vanek, Thomas A. Vickers and David P. Germaine to Appear Pro Hac Vice. filed by Rochester Drug Co-Operative, Inc., Meijer Distribution, Inc., Louisiana Wholesale Drug Company, Inc., Meijer, Inc., #16 Order on Motion to Appear Pro Hac Vice, #12 Pretrial Order,, #5 Letter, filed by Meijer Distribution, Inc., Helen Seamon, Meijer, Inc., #53 Notice of Appeal filed by Rochester Drug Co-Operative, Inc., Meijer Distribution, Inc., Louisiana Wholesale Drug Company, Inc., Meijer, Inc. were transmitted to the U.S. Court of Appeals. (cda)
February 1, 2011 Opinion or Order Appeal Record Sent to USCA (File). Indexed record on Appeal Files for #64 Notice of Appeal,,,, filed by Pennsylvania Employees Benefit Trust Fund, Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon, Vista Healthplan, Inc., Painters District Council NO. 30 Helath & Welfare Fund, were transmitted to the U.S. Court of Appeals. (cda)
January 19, 2011 Opinion or Order Filing 70 MANDATE of USCA (Certified Copy) as to #53 Notice of Appeal filed by Rochester Drug Co-Operative, Inc., Meijer Distribution, Inc., Louisiana Wholesale Drug Company, Inc., Meijer, Inc. USCA Case Number 06-5525. Ordered, Adjudged and Decreed that the judgment of the District Court is REMANDED and VACATED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 1/5/10. Certified: 10/16/09. (fk)
December 29, 2010 Opinion or Order Filing 69 STATUS REPORT. --- DIRECT PURCHASER PLAINTIFFS STATUS REPORT TO THE COURT Document filed by Louisiana Wholesale Drug Company, Inc., Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Co-Operative, Inc..(Simons, Daniel)
September 23, 2010 Opinion or Order USCA Case Number 07-1428cv assigned to #64 Notice of Appeal,,,, filed by Pennsylvania Employees Benefit Trust Fund, Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon, Vista Healthplan, Inc., Painters District Council NO. 30 Helath & Welfare Fund,. (cda)
September 20, 2010 Opinion or Order Filing 68 Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #64 Notice of Appeal,,,, filed by Pennsylvania Employees Benefit Trust Fund, Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon, Vista Healthplan, Inc., Painters District Council NO. 30 Helath & Welfare Fund, USCA Case Number 07-1428, 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (cda)
September 20, 2010 Opinion or Order Appeal Record Sent to USCA (File). Indexed record on Appeal Files for #64 Notice of Appeal,,,, filed by Pennsylvania Employees Benefit Trust Fund, Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon, Vista Healthplan, Inc., Painters District Council NO. 30 Helath & Welfare Fund, USCA Case Number 07-1428, were transmitted to the U.S. Court of Appeals. (cda)
September 1, 2010 Opinion or Order Filing 67 NOTICE OF CHANGE OF ADDRESS by Linda P. Nussbaum on behalf of Meijer Distribution, Inc., Meijer, Inc.. New Address: Grant & Eisenhofer P.A., 485 Lexington Avenue, 29th Floor, New York, New York, US 10017, (646) 722-8500. (Attachments: #1 Certificate of Service)(Nussbaum, Linda)
July 28, 2010 Opinion or Order Filing 66 TRUE COPY ORDER of USCA as to #64 Notice of Appeal,,,, filed by Pennsylvania Employees Benefit Trust Fund, Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon, Vista Healthplan, Inc., Painters District Council NO. 30 Helath & Welfare Fund, USCA Case Number 07-1428-cv....This appeal was withdrawn subject to reinstatement upon terms agreed to by the parties... IT IS HEREBY ORDERED that the appeal is reinstated. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. (rj)
May 27, 2010 Opinion or Order Filing 65 NOTICE of Notice of Change of Firm Affiliation and Appearance. Document filed by Meijer, Inc., Meijer Distribution, Inc.. (Nussbaum, Linda)
June 26, 2007 Opinion or Order USCA Case Number 07-1428 assigned to #64 Notice of Appeal,,,, filed by Pennsylvania Employees Benefit Trust Fund, Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon, Vista Healthplan, Inc., Painters District Council NO. 30 Helath & Welfare Fund,. (fk)
April 9, 2007 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #11 Pretrial Order,,, #27 MOTION for Daniel Simons to Appear Pro Hac Vice. filed by Pennsylvania Employees Benefit Trust Fund, Rochester Drug Co-Operative, Inc., Vista Healthplan, Inc., Meijer Distribution, Inc., Louisiana Wholesale Drug Company, Inc., Meijer, Inc., Philadelphia Federation of Teachers Health and Welfare Fund, Painters District Council No.30 Health and Welfare Fund, #2 Rule 7.1 Corporate Disclosure Statement filed by Meijer Distribution, Inc., Meijer, Inc., #52 JOINT MOTION Stipulated Briefing Schedule and Waiver of Oral Argument re: #51 MOTION to Amend/Correct #50 Amended Judgment,..JOINT MOTION Stipulated Briefing Schedule and Waiver of Oral Argument re: #51 MOTION to Amend/Correct #50 Amended Judgment,.. filed by Aventis Pharmaceuticals, Inc., #50 Amended Judgment, #22 Notice of Appearance filed by Meijer Distribution, Inc., Meijer, Inc., #63 Order on Motion to Amend/Correct,,,,,, #6 JOINT MOTION for Pre-Trial Order No. 1. filed by Meijer Distribution, Inc., Meijer, Inc., #34 Brief, filed by Aventis Pharmaceuticals, Inc., Ferring Pharmaceuticals, Inc., Ferring B.V., #31 Pretrial Order, #25 Letter, #32 JOINT MOTION to Dismiss Direct and Indirect Purchasers' Complaints for Failure to State Claim. filed by Aventis Pharmaceuticals, Inc., Ferring Pharmaceuticals, Inc., Ferring B.V., #19 Letter, filed by Meijer Distribution, Inc., Meijer, Inc., #42 Reply Memorandum of Law in Support of Motion, filed by Aventis Pharmaceuticals, Inc., Ferring Pharmaceuticals, Inc., Ferring B.V., #9 Letter, #55 Memorandum of Law in Opposition to Motion, filed by Aventis Pharmaceuticals, Inc., Ferring Pharmaceuticals, Inc., Ferring B.V., #64 Notice of Appeal,,,, filed by Pennsylvania Employees Benefit Trust Fund, Vista Healthplan, Inc., Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon, Painters District Council NO. 30 Helath & Welfare Fund,, #26 Letter, filed by Rochester Drug Co-Operative, Inc., #23 Notice of Appearance filed by Meijer Distribution, Inc., Meijer, Inc., #37 Brief filed by Aventis Pharmaceuticals, Inc., #14 Rule 7.1 Corporate Disclosure Statement filed by Aventis Pharmaceuticals, Inc., #28 Complaint, filed by Rochester Drug Co-Operative, Inc., Meijer Distribution, Inc., Louisiana Wholesale Drug Company, Inc., Meijer, Inc., #48 Order on Motion to Dismiss, #35 MOTION to Dismiss Direct and Indirect Purchasers' Complaints Pursuant to Fed. R. Civ. P. 12(b)(6). MOTION to Dismiss Direct and Indirect Purchasers' Complaints Pursuant to Fed. R. Civ. P. 12(b)(6). filed by Aventis Pharmaceuticals, Inc., #29 Amended Complaint, filed by Rochester Drug Co-Operative, Inc., Meijer Distribution, Inc., Louisiana Wholesale Drug Company, Inc., Meijer, Inc., #43 Reply Memorandum of Law in Support of Motion, filed by Aventis Pharmaceuticals, Inc., #38 Notice of Appearance filed by Ferring Pharmaceuticals, Inc., Ferring B.V., #20 Letter, filed by Meijer Distribution, Inc., #21 Notice (Other) filed by Vista Healthplan, Inc., #49 Judgment, #7 JOINT MOTION for Pre-Trial Entry of Pre-trial Order No. 2. filed by Meijer Distribution, Inc., Meijer, Inc., #61 Notice of Appearance filed by Meijer Distribution, Inc., Meijer, Inc., #47 Notice of Change of Address filed by Meijer Distribution, Inc., Meijer, Inc., #24 Notice of Appearance, filed by Aventis Pharmaceuticals, Inc., Ferring Pharmaceuticals, Inc., Ferring B.V., #46 Order, #10 Rule 7.1 Corporate Disclosure Statement filed by Ferring Pharmaceuticals, Inc., Ferring B.V., #62 Notice of Substitution of Attorney, filed by Meijer Distribution, Inc., Meijer, Inc., #1 Complaint filed by Meijer Distribution, Inc., Meijer, Inc., #18 Notice (Other) filed by Painters District Council No.30 Health and Welfare Fund, #4 Affidavit of Service Complaints, filed by Meijer Distribution, Inc., Meijer, Inc., #36 Notice (Other) filed by Aventis Pharmaceuticals, Inc., #44 MOTION for Leave to Appear General Appearance -- All actions. filed by Aventis Pharmaceuticals, Inc., #3 Case Declined as Not Similar, #60 Notice (Other) filed by Painters District Council No.30 Health and Welfare Fund, #17 Stipulation and Order, #45 JOINT MOTION for Pre-Trial Order No. 5. filed by Aventis Pharmaceuticals, Inc., #33 Notice (Other) filed by Aventis Pharmaceuticals, Inc., Ferring Pharmaceuticals, Inc., Ferring B.V., #39 Affidavit of Service Other, filed by Meijer Distribution, Inc., Meijer, Inc., #13 Notice of Appearance, filed by Aventis Pharmaceuticals, Inc., #16 Order on Motion to Appear Pro Hac Vice, #15 MOTION for Joseph M. Vanek, Thomas A. Vickers and David P. Germaine to Appear Pro Hac Vice. filed by Rochester Drug Co-Operative, Inc., Meijer Distribution, Inc., Louisiana Wholesale Drug Company, Inc., Meijer, Inc., #8 Order on Motion for Pre-Trial,, #12 Pretrial Order,, #30 Order on Motion to Appear Pro Hac Vice, #5 Letter, filed by Meijer Distribution, Inc., Helen Seamon, Meijer, Inc., #51 MOTION to Amend/Correct #50 Amended Judgment,. MOTION to Amend/Correct #50 Amended Judgment,. filed by Pennsylvania Employees Benefit Trust Fund, Vista Healthplan, Inc., Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon, Painters District Council No.30 Health and Welfare Fund, #53 Notice of Appeal filed by Rochester Drug Co-Operative, Inc., Meijer Distribution, Inc., Louisiana Wholesale Drug Company, Inc., Meijer, Inc., #41 Memorandum of Law in Opposition to Motion,, filed by Pennsylvania Employees Benefit Trust Fund, Vista Healthplan, Inc., Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon, Painters District Council No.30 Health and Welfare Fund, #40 Memorandum of Law in Opposition to Motion,, filed by Meijer Distribution, Inc., Meijer, Inc. were transmitted to the U.S. Court of Appeals. (fc)
April 3, 2007 Opinion or Order Filing 64 NOTICE OF APPEAL from (13 in 7:05-cv-02398-CLB, 63 in 7:05-cv-02237-CLB, 17 in 7:05-cv-02872-CLB, 11 in 7:05-cv-02987-CLB, 13 in 7:05-cv-02835-CLB, 21 in 7:05-cv-02628-CLB, 12 in 7:05-cv-03178-CLB, 19 in 7:05-cv-02928-CLB) Order on Motion to Amend/Correct,,,,,, (50 in 7:05-cv-02237-CLB) Amended Judgment, (7 in 7:05-cv-02987-CLB, 9 in 7:05-cv-02835-CLB, 13 in 7:05-cv-02872-CLB, 49 in 7:05-cv-02237-CLB, 17 in 7:05-cv-02628-CLB, 9 in 7:05-cv-02398-CLB, 8 in 7:05-cv-03178-CLB, 15 in 7:05-cv-02928-CLB) Judgment, (6 in 7:05-cv-02987-CLB, 48 in 7:05-cv-02237-CLB, 7 in 7:05-cv-03178-CLB, 12 in 7:05-cv-02872-CLB, 8 in 7:05-cv-02398-CLB, 8 in 7:05-cv-02835-CLB, 14 in 7:05-cv-02928-CLB, 16 in 7:05-cv-02628-CLB) Order on Motion to Dismiss,. Document filed by Vista Healthplan, Inc., Pennsylvania Employees Benefit Trust Fund, Painters District Council NO. 30 Helath & Welfare Fund,, Philadelphia Federation of Teachers Health and Welfare Fund, Helen Seamon. Filing fee $ 455.00, receipt number #610598. Filed In Associated Cases: 7:05-cv-02237-CLB et al.(mde)
April 3, 2007 Opinion or Order Transmission of Notice of Appeal to the District Judge re: #64 Notice of Appeal. (mde)
April 3, 2007 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #64 Notice of Appeal. (mde)
March 13, 2007 Opinion or Order Filing 63 MEMORANDUM AND ORDER Terminating (51) Motion to Amend/Correct (50 in 7:05-cv-02237-CLB) Amended Judgment, (10 in 7:05-cv-02835-CLB) Amended Judgment, (10 in 7:05-cv-02398-CLB) Amended Judgment, (16 in 7:05-cv-02928-CLB) Amended Judgment, (9 in 7:05-cv-03178-CLB) Amended Judgment, (14 in 7:05-cv-02872-CLB) Amended Judgment, (8 in 7:05-cv-02987-CLB) Amended Judgment, (18 in 7:05-cv-02628-CLB) Amended Judgment, in case 7:05-cv-02237-CLB; denying (19) Motion to Amend/Correct in case 7:05-cv-02628-CLB; denying (11) Motion to Amend/Correct in case 7:05-cv-02835-CLB; denying (17) Motion to Amend/Correct in case 7:05-cv-02928-CLB; denying (15) Motion to Amend/Correct in case 7:05-cv-02872-CLB; denying (9) Motion to Amend/Correct in case 7:05-cv-02987-CLB; denying (10) Motion to Amend/Correct in case 7:05-cv-03178-CLB; denying (11) Motion to Amend/Correct in case 7:05-cv-02398-CLB in case 7:05-cv-02237-CLB...Accordingly, the Court concludes that Movants did not meet their burden of establishing that the amount in controversy requirement was met, insofar as stating the amount of damages that would accrue exclusively to third party or indirect purchasers, for purposes of establishing jurisdiction under CAFA, and the Court does not alter its discretionary decision not to exercise supplemental jurisdiction over state claims. There is therefore no need to seek remand from the Court of Appeals in order that this Court might have restored jurisdiction to grant the motion. The foregoing should not be interpreted to constitute consideration of the merits of the state-based claims. So Ordered. (Signed by Judge Charles L. Brieant on 3/13/07) Filed In Associated Cases: 7:05-cv-02237-CLB et al.(fk)
March 12, 2007 Opinion or Order Filing 62 NOTICE OF WITHDRAWAL OF APPEARANCE: You are hereby notified that Cohen, Milstein, Hausfeld & Toll, P.L.L.C., hereby withdraws its appearance as attorneys of record for Plainitffs Meijer, Inc. and Meijer Distribution, Inc.. Document filed by Meijer, Inc., Meijer Distribution, Inc.. Attorney Shelly L Friedland and Kanchana Wangkeo terminated. (mde)
February 27, 2007 Opinion or Order Filing 61 NOTICE OF APPEARANCE by Richard Jo Kilsheimer on behalf of Meijer, Inc., Meijer Distribution, Inc. (Kilsheimer, Richard)
February 27, 2007 Opinion or Order Appeal Remark as to #53 Notice of Appeal filed by Rochester Drug Co-Operative, Inc., Meijer Distribution, Inc., Louisiana Wholesale Drug Company, Inc., Meijer, Inc. USCA Case Number 06/5525: Documents# 57 and 58 were returned from the Court of Appeals intake department, and placed in the court file.(fc)
January 31, 2007 Opinion or Order Filing 60 NOTICE of Notice of Change of Firm Affiliation. Document filed by Painters District Council No.30 Health and Welfare Fund. (Miller, Marvin)
January 26, 2007 Opinion or Order Filing 59 Supplemental ROA Sent to USCA (Index). Notice that the Supplemental Index to the record on Appeal for #53 Notice of Appeal filed by Rochester Drug Co-Operative, Inc., Meijer Distribution, Inc., Louisiana Wholesale Drug Company, Inc., Meijer, Inc. USCA Case Number 06/5525cv, 3 Copies of the index, Certified Supplemental Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (fc, )
January 19, 2007 Opinion or Order Filing 58 TRANSCRIPT of proceedings held on 07/21/2006 before Judge Charles L. Brieant. Court Reporter: Sue Ghorayeb. (jma)
January 18, 2007 Opinion or Order Filing 57 TRANSCRIPT of proceedings held on April 15, 2005 before Judge Charles L. Brieant. Court Reporter: Angela A. O'Donnell. (br)
January 9, 2007 Opinion or Order Filing 56 REPLY MEMORANDUM OF LAW in Support re: #51 MOTION to Amend/Correct #50 Amended Judgment,.. Document filed by Helen Seamon, Vista Healthplan, Inc., Pennsylvania Employees Benefit Trust Fund, Painters District Council No.30 Health and Welfare Fund, Philadelphia Federation of Teachers Health and Welfare Fund. Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(Kleidman, Paul)
December 20, 2006 Opinion or Order Filing 55 JOINT MEMORANDUM OF LAW in Opposition re: #51 MOTION to Amend/Correct #50 Amended Judgment,.. Document filed by Ferring B.V., Ferring Pharmaceuticals, Inc., Aventis Pharmaceuticals, Inc.. Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(Farrell, Christopher)
December 6, 2006 Opinion or Order Filing 54 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #50 Amended Judgment,, #36 Notice (Other) filed by Aventis Pharmaceuticals, Inc.,, #12 Pretrial Order,,, #43 Reply Memorandum of Law in Support of Motion, filed by Aventis Pharmaceuticals, Inc.,, #1 Complaint filed by Meijer, Inc.,, Meijer Distribution, Inc.,, #39 Affidavit of Service Other, filed by Meijer, Inc.,, Meijer Distribution, Inc.,, #51 MOTION to Amend/Correct #50 Amended Judgment,. filed by Vista Healthplan, Inc.,, Painters District Council No.30 Health and Welfare Fund,, Helen Seamon,, Pennsylvania Employees Benefit Trust Fund,, Philadelphia Federation of Teachers Health and Welfare Fund,, #19 Letter, filed by Meijer, Inc.,, Meijer Distribution, Inc.,, #49 Judgment,, #30 Order on Motion to Appear Pro Hac Vice, #15 MOTION for Joseph M. Vanek, Thomas A. Vickers and David P. Germaine to Appear Pro Hac Vice. filed by Louisiana Wholesale Drug Company, Inc.,, Meijer, Inc.,, Meijer Distribution, Inc.,, Rochester Drug Co-Operative, Inc.,, #53 Notice of Appeal filed by Louisiana Wholesale Drug Company, Inc.,, Meijer, Inc.,, Meijer Distribution, Inc.,, Rochester Drug Co-Operative, Inc.,, #13 Notice of Appearance, filed by Aventis Pharmaceuticals, Inc.,, #25 Letter, #45 JOINT MOTION for Pre-Trial Order No. 5. filed by Aventis Pharmaceuticals, Inc.,, #14 Rule 7.1 Corporate Disclosure Statement filed by Aventis Pharmaceuticals, Inc.,, #52 JOINT MOTION Stipulated Briefing Schedule and Waiver of Oral Argument re: #51 MOTION to Amend/Correct #50 Amended Judgment,.. filed by Aventis Pharmaceuticals, Inc.,, #10 Rule 7.1 Corporate Disclosure Statement filed by Ferring B.V.,, Ferring Pharmaceuticals, Inc.,, #9 Letter, #27 MOTION for Daniel Simons to Appear Pro Hac Vice. filed by Louisiana Wholesale Drug Company, Inc.,, Vista Healthplan, Inc.,, Painters District Council No.30 Health and Welfare Fund,, Meijer, Inc.,, Meijer Distribution, Inc.,, Rochester Drug Co-Operative, Inc.,, Pennsylvania Employees Benefit Trust Fund,, Philadelphia Federation of Teachers Health and Welfare Fund,, #8 Order on Motion for Pre-Trial,,, #38 Notice of Appearance filed by Ferring B.V.,, Ferring Pharmaceuticals, Inc.,, #20 Letter, filed by Meijer Distribution, Inc.,, #46 Order, #17 Stipulation and Order,, #26 Letter, filed by Rochester Drug Co-Operative, Inc.,, #29 Amended Complaint, filed by Louisiana Wholesale Drug Company, Inc.,, Meijer, Inc.,, Meijer Distribution, Inc.,, Rochester Drug Co-Operative, Inc.,, #7 JOINT MOTION for Pre-Trial Entry of Pre-trial Order No. 2. filed by Meijer, Inc.,, Meijer Distribution, Inc.,, #24 Notice of Appearance, filed by Ferring B.V.,, Ferring Pharmaceuticals, Inc.,, Aventis Pharmaceuticals, Inc.,, #18 Notice (Other) filed by Painters District Council No.30 Health and Welfare Fund,, #33 Notice (Other) filed by Ferring B.V.,, Ferring Pharmaceuticals, Inc.,, Aventis Pharmaceuticals, Inc.,, #34 Brief, filed by Ferring B.V.,, Ferring Pharmaceuticals, Inc.,, Aventis Pharmaceuticals, Inc.,, #32 JOINT MOTION to Dismiss Direct and Indirect Purchasers' Complaints for Failure to State Claim. filed by Ferring B.V.,, Ferring Pharmaceuticals, Inc.,, Aventis Pharmaceuticals, Inc.,, #5 Letter, filed by Meijer, Inc.,, Meijer Distribution, Inc.,, Helen Seamon,, #21 Notice (Other) filed by Vista Healthplan, Inc.,, #47 Notice of Change of Address filed by Meijer, Inc.,, Meijer Distribution, Inc.,, #16 Order on Motion to Appear Pro Hac Vice, #40 Memorandum of Law in Opposition to Motion,, filed by Meijer, Inc.,, Meijer Distribution, Inc.,, #4 Affidavit of Service Complaints, filed by Meijer, Inc.,, Meijer Distribution, Inc.,, #44 MOTION for Leave to Appear General Appearance -- All actions. filed by Aventis Pharmaceuticals, Inc.,, #35 MOTION to Dismiss Direct and Indirect Purchasers' Complaints Pursuant to Fed. R. Civ. P. 12(b)(6). filed by Aventis Pharmaceuticals, Inc.,, #48 Order on Motion to Dismiss,, #23 Notice of Appearance filed by Meijer, Inc.,, Meijer Distribution, Inc.,, #6 JOINT MOTION for Pre-Trial Order No. 1. filed by Meijer, Inc.,, Meijer Distribution, Inc.,, #31 Pretrial Order,, #22 Notice of Appearance filed by Meijer, Inc.,, Meijer Distribution, Inc.,, #3 Case Declined as Not Similar, #41 Memorandum of Law in Opposition to Motion,, filed by Vista Healthplan, Inc.,, Painters District Council No.30 Health and Welfare Fund,, Helen Seamon,, Pennsylvania Employees Benefit Trust Fund,, Philadelphia Federation of Teachers Health and Welfare Fund,, #2 Rule 7.1 Corporate Disclosure Statement filed by Meijer, Inc.,, Meijer Distribution, Inc.,, #37 Brief filed by Aventis Pharmaceuticals, Inc.,, #28 Complaint, filed by Louisiana Wholesale Drug Company, Inc.,, Meijer, Inc.,, Meijer Distribution, Inc.,, Rochester Drug Co-Operative, Inc.,, #11 Pretrial Order,,,, #42 Reply Memorandum of Law in Support of Motion, filed by Ferring B.V.,, Ferring Pharmaceuticals, Inc.,, Aventis Pharmaceuticals, Inc., were transmitted to the U.S. Court of Appeals. (fc, )
December 4, 2006 Opinion or Order Filing 53 NOTICE OF APPEAL from #50 Amended Judgment,. Document filed by Meijer, Inc., Rochester Drug Co-Operative, Inc., Louisiana Wholesale Drug Company, Inc., Meijer Distribution, Inc.. Filing fee $ 455.00, receipt number #598516. (mde, )
December 4, 2006 Opinion or Order Transmission of Notice of Appeal to the District Judge re: #53 Notice of Appeal. (mde, )
December 4, 2006 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #53 Notice of Appeal. (mde, )
December 4, 2006 Opinion or Order Filing 52 JOINT MOTION Stipulated Briefing Schedule and Waiver of Oral Argument re: #51 MOTION to Amend/Correct #50 Amended Judgment,.. Document filed by Aventis Pharmaceuticals, Inc.. Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(Farrell, Christopher)
November 21, 2006 Opinion or Order Filing 51 MOTION to Amend/Correct #50 Amended Judgment,. Document filed by Helen Seamon, Vista Healthplan, Inc., Pennsylvania Employees Benefit Trust Fund, Painters District Council No.30 Health and Welfare Fund, Philadelphia Federation of Teachers Health and Welfare Fund. Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(Lipofsky, Joseph)
November 8, 2006 Opinion or Order Filing 50 ***VACATED*** AMENDED JUDGMENT amending #49 Judgment,....,ORDERED, ADJUDGED AND DECREED: That the complaints be and are hereby dismissed. All claims arising under state law are dismissed without prejudice. (Signed by Judge J. Michael McMahon on 11/08/2006) (jma, ) Modified on 7/8/2011 to reflect that this judgment has been vacated, see Court's order DE#79 . (lnl)
November 6, 2006 Opinion or Order Filing 49 JUDGMENT...it is Ordered, Adjudged and Decreed: That the complaints are hereby dismissed without prejudice. (Signed by Clerk J. Michael McMahon on 11/6/06) Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(fk, )
November 2, 2006 Opinion or Order Filing 48 MORANDUM AND ORDER granting #32 Motion to Dismiss... The motions are granted. All claims pleaded under federal law are dismissed. The claims arising under state law are dismissed without prejudice. The Clerk shall file a final judgment. So Ordered.(Signed by Judge Charles L. Brieant on 11/2/06) Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(fk, )
September 26, 2006 Opinion or Order Filing 47 NOTICE OF CHANGE OF ADDRESS by Linda P. Nussbaum on behalf of Meijer, Inc., Meijer Distribution, Inc.. New Address: Vanek, Vickers & Masini, P.C., 111 S. Wacker Drive, Suite 4050, Chicago, Illinois, USA 60606, 312-224-1500. (Nussbaum, Linda)
September 12, 2006 Opinion or Order Filing 46 PRETRIAL ORDER No. 5.... So Ordered (Signed by Judge Charles L. Brieant on 9/11/06) (fk, )
September 6, 2006 Opinion or Order Filing 45 JOINT MOTION for Pre-Trial Order No. 5. Document filed by Aventis Pharmaceuticals, Inc.. Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(Farrell, Christopher)
July 21, 2006 Opinion or Order Minute Entry for proceedings held before Judge Charles L. Brieant : Oral Argument held on 7/21/2006 re: #35 MOTION to Dismiss Direct and Indirect Purchasers' Complaints Pursuant to Fed. R. Civ. P. 12(b)(6). filed by Aventis Pharmaceuticals, Inc.,, #32 JOINT MOTION to Dismiss Direct and Indirect Purchasers' Complaints for Failure to State Claim. filed by Ferring B.V.,, Ferring Pharmaceuticals, Inc.,, Aventis Pharmaceuticals, Inc. Judge's Decision: Oral argument heard on motions (Dkt#32 and 35). Motions are fully submitted, decision reserved. See Transcript. SO ORDERED: Brieant, J. Submitted By: Alice Cama, Deputy Court Clerk. (Court Reporter Sue) (dcr, )
July 21, 2006 Opinion or Order Filing 44 MOTION for Leave to Appear General Appearance -- All actions. Document filed by Aventis Pharmaceuticals, Inc.. Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(Farrell, Christopher)
July 17, 2006 Opinion or Order Filing 43 REPLY MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss Direct and Indirect Purchasers' Complaints Pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Aventis Pharmaceuticals, Inc.. Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(Farrell, Christopher)
July 17, 2006 Opinion or Order Filing 42 REPLY MEMORANDUM OF LAW in Support re: #32 JOINT MOTION to Dismiss Direct and Indirect Purchasers' Complaints for Failure to State Claim.. Document filed by Ferring B.V., Ferring Pharmaceuticals, Inc., Aventis Pharmaceuticals, Inc.. Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(Farrell, Christopher)
June 16, 2006 Opinion or Order Filing 41 MEMORANDUM OF LAW in Opposition re: #35 MOTION to Dismiss Direct and Indirect Purchasers' Complaints Pursuant to Fed. R. Civ. P. 12(b)(6)., #32 JOINT MOTION to Dismiss Direct and Indirect Purchasers' Complaints for Failure to State Claim.. Document filed by Helen Seamon, Vista Healthplan, Inc., Pennsylvania Employees Benefit Trust Fund, Painters District Council No.30 Health and Welfare Fund, Philadelphia Federation of Teachers Health and Welfare Fund. Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(Lipofsky, Joseph)
June 16, 2006 Opinion or Order Filing 40 MEMORANDUM OF LAW in Opposition re: #35 MOTION to Dismiss Direct and Indirect Purchasers' Complaints Pursuant to Fed. R. Civ. P. 12(b)(6)., #32 JOINT MOTION to Dismiss Direct and Indirect Purchasers' Complaints for Failure to State Claim.. Document filed by Meijer, Inc., Meijer Distribution, Inc.. Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(Wangkeo, Kanchana)
June 9, 2006 Opinion or Order Filing 39 AFFIDAVIT OF SERVICE of Subpoena served on Custodian of Records - Apotex Corp. on May 25, 2006. Service was accepted by Sharon Cease, Managing Agent. Document filed by Meijer, Inc., Meijer Distribution, Inc.. Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(Nussbaum, Linda)
June 8, 2006 Opinion or Order Filing 38 NOTICE OF APPEARANCE by Jon Jason Nathan on behalf of Ferring B.V., Ferring Pharmaceuticals, Inc. (Nathan, Jon)
May 1, 2006 Opinion or Order Filing 37 BRIEF re: #36 Notice (Other), #35 MOTION to Dismiss Direct and Indirect Purchasers' Complaints Pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Aventis Pharmaceuticals, Inc..(McEvoy, Julia)
May 1, 2006 Opinion or Order Filing 36 NOTICE of Hearing re: #35 MOTION to Dismiss Direct and Indirect Purchasers' Complaints Pursuant to Fed. R. Civ. P. 12(b)(6).. Document filed by Aventis Pharmaceuticals, Inc.. (McEvoy, Julia)
May 1, 2006 Opinion or Order Filing 35 MOTION to Dismiss Direct and Indirect Purchasers' Complaints Pursuant to Fed. R. Civ. P. 12(b)(6). Document filed by Aventis Pharmaceuticals, Inc.. Responses due by 6/16/2006 Return Date set for 7/21/2006 10:00 AM. Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(McEvoy, Julia)
May 1, 2006 Opinion or Order Filing 34 JOINT BRIEF re: #33 Notice (Other), #32 JOINT MOTION to Dismiss Direct and Indirect Purchasers' Complaints for Failure to State Claim.. Document filed by Ferring B.V., Ferring Pharmaceuticals, Inc., Aventis Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A)(McEvoy, Julia)
May 1, 2006 Opinion or Order Filing 33 NOTICE of Hearing (32) re: #32 JOINT MOTION to Dismiss Direct and Indirect Purchasers' Complaints for Failure to State Claim.. Document filed by Ferring B.V., Ferring Pharmaceuticals, Inc., Aventis Pharmaceuticals, Inc.. (McEvoy, Julia)
May 1, 2006 Opinion or Order Filing 32 JOINT MOTION to Dismiss Direct and Indirect Purchasers' Complaints for Failure to State Claim. Document filed by Ferring B.V., Ferring Pharmaceuticals, Inc., Aventis Pharmaceuticals, Inc.. Responses due by 6/16/2006 Return Date set for 7/21/2006 10:00 AM. Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(McEvoy, Julia)
April 27, 2006 Opinion or Order Filing 31 PRETRIAL ORDER No. 4: All parties may file any consolidated or amended complaints by no later than March 31, 2006...Answer or opening briefs filed: May 1, 2006. Any briefs in response filed June 16, 2006. Any reply briefs filed July 17, 2006.....see document for more details... (Signed by Judge Charles L. Brieant on 04/24/2006) (jma, )
April 17, 2006 Opinion or Order Filing 30 ORDER granting #27 Motion for Daniel Simons to Appear Pro Hac Vice. (Signed by Judge Charles L. Brieant on 04/17/2006) (jma, )
April 17, 2006 Opinion or Order CASHIERS OFFICE REMARK on #30 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 04/18/2006, Receipt Number 574902. (jma, )
April 5, 2006 Opinion or Order Filing 29 CONSOLIDATED AMENDED CLASS ACTION COMPLAINT amending #1 Complaint against Ferring B.V., Ferring Pharmaceuticals, Inc., Aventis Pharmaceuticals, Inc..Document filed by Meijer, Inc., Rochester Drug Co-Operative, Inc., Louisiana Wholesale Drug Company, Inc., Meijer Distribution, Inc.. (mde, )
April 5, 2006 Opinion or Order Filing 28 CONSOLIDATED CLASS ACTION COMPLAINT against Ferring B.V., Ferring Pharmaceuticals, Inc., Aventis Pharmaceuticals, Inc.. Document filed by Meijer, Inc., Rochester Drug Co-Operative, Inc., Louisiana Wholesale Drug Company, Inc., Meijer Distribution, Inc..(mde, ) Additional attachment(s) added on 4/6/2006 (mde, ).
March 29, 2006 Opinion or Order Filing 27 MOTION for Daniel Simons to Appear Pro Hac Vice. Document filed by Meijer, Inc., Rochester Drug Co-Operative, Inc., Louisiana Wholesale Drug Company, Inc., Meijer Distribution, Inc., Vista Healthplan, Inc., Pennsylvania Employees Benefit Trust Fund, Painters District Council No.30 Health and Welfare Fund, Philadelphia Federation of Teachers Health and Welfare Fund. Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(dcr, )
March 29, 2006 Opinion or Order Filing 26 LETTER addressed to Lorraine Lombardo, Deputy Clerk from Daniel C. Simons dated March 28, 2006 re: Check of $75.00 to cover court's filing fees for pro hac vice for admision of Daniel Berger, Esq., David Sorensen, Esq., and Eric Cramer, Esq. receipt #E568142. Document filed by Rochester Drug Co-Operative, Inc..(ll, )
March 24, 2006 Opinion or Order Filing 25 LETTER addressed to Judge Charles L. Brieant from Julia McEvoy, Cathy Hoffman, Shelly Friedland and Robert Schachther dated 2/7/06 re: Writing in advance of the conference set for 3/10/06 at 11:00am.. (fk, )
March 10, 2006 Opinion or Order MEMORANDUM TO THE DOCKET CLERK: File Motion(s) returnable 7/21/06. See transcript. (pf, )
March 10, 2006 Opinion or Order Filing 24 NOTICE OF APPEARANCE by Christopher R. Farrell on behalf of Aventis Pharmaceuticals, Inc. Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(pf, ) Additional attachment(s) added on 3/13/2006 (pf, ). Modified on 4/5/2006 (gco, ).
March 10, 2006 Opinion or Order MEMORANDUM TO THE DOCKET CLERK: Application for admission pro hac vice of Christopher Farrell, Esq. is granted. Mr. Farrell represents dfts. $25.00 fee paid, receipt # 568019. (pf, )
March 8, 2006 Opinion or Order Filing 23 NOTICE OF APPEARANCE by Kanchana Wangkeo on behalf of Meijer, Inc., Meijer Distribution, Inc. (Wangkeo, Kanchana)
March 8, 2006 Opinion or Order Filing 22 NOTICE OF APPEARANCE by Shelly L Friedland on behalf of Meijer, Inc., Meijer Distribution, Inc. (Friedland, Shelly)
February 21, 2006 Opinion or Order Filing 21 NOTICE of of Change of Firm Name and Address for Hanzman Criden & Love, P.A.. Document filed by Vista Healthplan, Inc.. (Lipofsky, Joseph)
February 10, 2006 Opinion or Order Filing 20 LETTER addressed to Dear Mrs. Cama from Shelly L. Friedland dated 02/06/2006 re: we are writing to reschedule the status conference in these actions, which had originally been scheduled for January 25, 2006......request that the status conference be held on Friday, March 10, 2006 at 11:00am........see document for more details... Document filed by Meijer Distribution, Inc..(jma, )
February 10, 2006 Opinion or Order Filing 19 LETTER addressed to Dear Counsel from Shelly L. Friedland dated 02/06/2006 re: Please be advised that the status conference in the above-referenced litigation will be held on Friday, March 10, 2006.............. Document filed by Meijer, Inc., Meijer Distribution, Inc..(jma, )
October 11, 2005 Opinion or Order Filing 18 NOTICE of Firm Name Change. Document filed by Painters District Council No.30 Health and Welfare Fund. (Persky, Bernard)
May 19, 2005 Opinion or Order Filing 17 STIPULATION AND PROTECTIVE ORDER; regarding procedures that shall govern the handling of "Confidential" or "Highly Confidential" materials. (Signed by Judge Charles L. Brieant on 5/19/05) "The Clerk's Office Has Mailed Copies".(ae, )
May 16, 2005 Opinion or Order Filing 16 ORDER granting #15 Motion for Joseph M. Vanek, Thomas A. Vickers and David P. Germaine to Appear Pro Hac Vice. (Signed by Judge Charles L. Brieant on 5/16/05) "The Clerk's Office Has Mailed Copies" (ae, )
May 16, 2005 Opinion or Order CASHIERS OFFICE REMARK on #16 Order on Motion to Appear Pro Hac Vice in the amount of $75.00, paid on 5/16/05, Receipt Number 539110. (ae, )
April 15, 2005 Opinion or Order Filing 15 MOTION for Joseph M. Vanek, Thomas A. Vickers and David P. Germaine to Appear Pro Hac Vice. Document filed by Meijer, Inc., Rochester Drug Co-Operative, Inc., Louisiana Wholesale Drug Company, Inc., Meijer Distribution, Inc.. *$75.00 check in vault*Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(pf, )
April 15, 2005 Opinion or Order Minute Entry for proceedings held before Judge Charles L. Brieant : Interim Pretrial Conference held on 4/27/2005. Remark: The parties are to consider and report to the Court, by letter if 05-3833 Central Suffolk v. Ferring, should be consolidated w/ 05-2237. Next Pretrial Conference set for 1/25/2006 02:00 PM before Judge Charles L. Brieant. (ae, )
April 15, 2005 Opinion or Order Filing 14 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Aventis Pharmaceuticals, Inc..(ae, )
April 15, 2005 Opinion or Order Filing 13 NOTICE of Appearance by Julia Elizabeth McEvoy, John M. Majoras on behalf of Aventis Pharmaceuticals, Inc. Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02872-CLB, 7:05-cv-02928-CLB,7:05-cv-02987-CLB,7:05-cv-03178-CLB(dcr, )
April 15, 2005 Opinion or Order Filing 12 PRETRIAL ORDER NO. 3; Defendants shall produce to Plaintiffs copies of the documents and materials as set forth in this Pretrial Order No. 3, from all litigations in which Defendants have asserted infringement of U.S. Patent No. 5,407,398 against an entity seeking to manufacturing a generic version of DDAVP, including but not limited to the actions no. 02 cv 9851 and 04 cv 884; A status conference w/ the Court will be held on 1/25/06 at 2:00 p.m. (Signed by Judge Charles L. Brieant on 4/15/05) (ae, )
April 15, 2005 Opinion or Order Filing 11 PRETRIAL ORDER NO. 2; Actions no. 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02987-CLB are hereby consolidated for all purposes; No motion shall be initiated or filed on behalf of any Plaintiff in the Indirect Purchaser Class Actions except through the respective Co-Lead Counsel; Each attorney not a member of the bar of this Court who is acting as counsel for a plaintiff or defendant herein shall be deemed admitted pro hac vice to practice before this Court in connection w/ these proceedings, provided that such counsel is a member in good standing of the bar of any state or of any federal district court; also regarding procedures that shall govern the handling of Confidential Materials. No paper shall be filed under seal w/out prior consultation w/ the Court. (Signed by Judge Charles L. Brieant on 4/15/05) Filed In Associated Cases: 7:05-cv-02237-CLB,7:05-cv-02398-CLB,7:05-cv-02628-CLB,7:05-cv-02835-CLB,7:05-cv-02987-CLB(ae, )
April 15, 2005 Opinion or Order Set Deadlines/Hearings: Status Conference set for 1/25/2006 02:00 PM before Judge Charles L. Brieant. (ae, )
April 12, 2005 Opinion or Order Filing 10 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Ferring B.V., Ferring Pharmaceuticals, Inc..(Boccanfuso, Anthony)
April 7, 2005 Opinion or Order Filing 9 LETTER addressed to Judge Charles L. Brieant from Linda P. Nussbaum; Cathy Hoffman; and Julie E. McEvoy dated 4/6/05 re: Parties requests that the 4/8/05 conference be cancelled in order to preserve the Court's valuable time. (ae, )
April 6, 2005 Opinion or Order Filing 7 JOINT MOTION for Pre-Trial Entry of Pre-trial Order No. 2. Document filed by Meijer, Inc., Meijer Distribution, Inc.. (McElligott, Sean)
April 5, 2005 Opinion or Order Added Member cases: 05cv2628, 05cv2835, 05cv2987, 05cv3178. (fk, ) Modified on 4/18/2005 (fk, ).
April 5, 2005 Opinion or Order Filing 8 PRETRIAL ORDER NO. 1; granting #6 Motion for Pre-Trial No. 1; The actions no. 05 cv 2237; 05 cv 2928; and 05 cv 2872 are consolidated purs. to FRCP 42(a) for all purposes; Until such time as this Court enters an order addressing the treatment of confidential documents or information in the Coordinated Actions, any document filed w/ the Clerk of this Court containing confidential information, or including as an attachment any confidentail document, shall be filed under seal; No paper shall be filed under seal w/out prior consultation w/ the Court.(Signed by Judge Charles L. Brieant on 4/4/05) (ae, )
March 29, 2005 Opinion or Order Filing 6 JOINT MOTION for Pre-Trial Order No. 1. Document filed by Meijer, Inc., Meijer Distribution, Inc.. (McElligott, Sean)
March 14, 2005 Opinion or Order Filing 5 LETTER addressed to Judge Charles L. Brieant from Samuel K. Rosen dated 3/7/05 re: Because the Seamon and Meijer are based on the same underlying facts, they respectfully request that they be treated as related actions and that the Seamon Action be transferred to Judge Brieant who has the lower-numbered complaint. Document filed by Helen Seamon, Meijer, Inc., Meijer Distribution, Inc.(ae, )
March 11, 2005 Opinion or Order Filing 4 AFFIDAVIT OF SERVICE. Ferring Pharmaceuticals, Inc. served on 3/3/2005, answer due 3/23/2005; Aventis Pharmaceuticals, Inc. served on 3/3/2005, answer due 3/23/2005. Service was accepted by Ms. Lisa Fitzgerald, Managing Agent. Document filed by Meijer, Inc.; Meijer Distribution, Inc.. (McElligott, Sean)
February 23, 2005 Opinion or Order Filing 3 CASE DECLINED AS NOT SIMILAR. Case referred as similar to 7:02-cv-9851 and declined by Judge Charles L. Brieant and returned to wheel for assignment. (ll, )
February 23, 2005 Opinion or Order Magistrate Judge Mark D. Fox is so designated. (ll, )
February 23, 2005 Opinion or Order Case Assigned by random selection to Judge Charles L. Brieant. Judge Unassigned no longer assigned to the case. (ll, )
February 18, 2005 Opinion or Order Filing 2 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Meijer, Inc., Meijer Distribution, Inc..(mde, )
February 18, 2005 Opinion or Order Filing 1 COMPLAINT against Ferring B.V., Ferring Pharmaceuticals, Inc., Aventis Pharmaceuticals, Inc.. (Filing Fee $ 250.00, Receipt Number 535423)Document filed by Meijer, Inc., Meijer Distribution, Inc..(mde, )
February 18, 2005 Opinion or Order SUMMONS ISSUED as to Ferring B.V., Ferring Pharmaceuticals, Inc., Aventis Pharmaceuticals, Inc.. (mde, )
February 18, 2005 Opinion or Order CASE REFERRED TO Judge Charles L. Brieant as possibly similar to 7:02-cv-9851. (mde, )
February 18, 2005 Opinion or Order Case Designated ECF. (mde, )

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Search for this case: Meijer, Inc. et al v. Ferring B.V. et al
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Plaintiff: Meijer, Inc.
Represented By: Daniel C. Simons
Represented By: Jay W. Eisenhofer
Represented By: Kanchana Wangkeo
Represented By: Shelly L Friedland
Represented By: Linda P. Nussbaum
Represented By: Richard J. Kilsheimer
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Plaintiff: Meijer Distribution, Inc.
Represented By: Daniel C. Simons
Represented By: Jay W. Eisenhofer
Represented By: Kanchana Wangkeo
Represented By: Shelly L Friedland
Represented By: Linda P. Nussbaum
Represented By: Richard J. Kilsheimer
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Plaintiff: Ronald L. Seamon
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Consolidated plaintiff: Rochester Drug Co-Operative, Inc.
Represented By: Anne Kristin Fornecker
Represented By: Daniel Lawrence Berger
Represented By: Daniel C. Simons
Represented By: David Francis Sorensen
Represented By: Eric L. Cramer
Represented By: Linda P. Nussbaum
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Consolidated plaintiff: Louisiana Wholesale Drug Company, Inc.
Represented By: Anne Kristin Fornecker
Represented By: Dan Litvin
Represented By: Daniel C. Simons
Represented By: Linda P. Nussbaum
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Consolidated plaintiff: Vista Healthplan, Inc.
Represented By: Daniel C. Simons
Represented By: Joseph Lipofsky
Represented By: Kevin Bruce Love
Represented By: Gerald Lawrence
Represented By: Richard Wolfe Cohen
Represented By: Robert S. Schachter
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Consolidated plaintiff: Pennsylvania Employees Benefit Trust Fund
Represented By: Daniel C. Simons
Represented By: Emily Maruja Bass
Represented By: Jeffrey J. Corrigan
Represented By: John Macoretta
Represented By: Joseph Lipofsky
Represented By: Theodore M. Lieverman
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Consolidated plaintiff: Painters District Council No.30 Health and Welfare Fund
Represented By: Bernard Persky
Represented By: Daniel C. Simons
Represented By: Kevin Bruce Love
Represented By: Joseph Lipofsky
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Consolidated plaintiff: Philadelphia Federation of Teachers Health and Welfare Fund
Represented By: Daniel C. Simons
Represented By: Marc Edelson
Represented By: Joseph Lipofsky
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Petitioner: Helen Seamon
Represented By: Kevin Bruce Love
Represented By: Joseph Lipofsky
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Defendant: Ferring B.V.
Represented By: Barbara Helen Wootton
Represented By: Donald J. Wald
Represented By: Douglas Lewis Wald
Represented By: Jon Jason Nathan
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Defendant: Ferring Pharmaceuticals, Inc.
Represented By: Barbara Helen Wootton
Represented By: Donald J. Wald
Represented By: Douglas Lewis Wald
Represented By: Jon Jason Nathan
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Defendant: Aventis Pharmaceuticals, Inc.
Represented By: Christopher Robert Farrell
Represented By: Jennifer L. Shea
Represented By: John Michael Majoras
Represented By: Julia Elizabeth McEvoy
Represented By: Donald J. Wald
Represented By: Rosanna K. McCalips
Represented By: Tiffany Danielle Lipscomb-Jackson
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Alternative dispute resolution (adr) provider: Third Party Payors
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Not classified by court: Blue Cross Blue Shield Association
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Not classified by court: Blue Cross and Blue Shield of Florida, Inc.
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Not classified by court: Blue Cross and Blue Shield of Massachusetts
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Not classified by court: Blue Cross and Blue Shield of North Carolina
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Not classified by court: Blue Cross and Blue Shield of Rhode Island
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Not classified by court: Blue Cross Blue Shield of Tennessee
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Not classified by court: Blue Cross and Blue Shield of Vermont
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Not classified by court: EmblemHealth
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Not classified by court: Government Employees Health Association
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Not classified by court: Harvard Pilgrim Health Care, Inc.
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Not classified by court: Hawaii Medical Service Association
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Not classified by court: United Healthcare Services, Inc.
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Not classified by court: Humana Inc.
Represented By: Richard Wolfe Cohen
Represented By: Uriel Rabinovitz
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Not classified by court: Aetna Inc.
Represented By: Richard Wolfe Cohen
Represented By: Uriel Rabinovitz
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Not classified by court: WellPoint, Inc.
Represented By: Richard Wolfe Cohen
Represented By: Uriel Rabinovitz
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Not classified by court: Connecticut General Life Insurance Company
Represented By: Richard Wolfe Cohen
Represented By: Uriel Rabinovitz
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