Malek v. Abbvie, Inc.
| Richard Malek |
| Allergan Sales, LLC, Forest Laboratories Holdings, Ltd., Allergan, Inc., Forest Laboratories, Inc., Forest Laboratories, LLC, Forest Laboratories Ireland, Ltd., Abbvie, Inc. and Allergan USA, Inc. |
| 1:2020cv07492 |
| September 12, 2020 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Anti-Trust |
| 15 U.S.C. § 15 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2020. A more recent docket listing may be available from PACER.
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Filing 22
ORDER granting #18 Motion for Joseph R. Saveri to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (wt)
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Filing 21
ORDER granting #17 Motion for Anupama K. Reddy to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (wt)
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| Filing 20 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Forest Laboratories Ireland, Ltd. served on 10/13/2020, answer due 11/3/2020. Service was accepted by Sherwin Defreitas of White & Case LLP. Document filed by Richard Malek..(Williams, Steven) |
| Filing 19 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Forest Laboratories Holdings, Ltd. served on 10/13/2020, answer due 11/3/2020. Service was accepted by Sherwin Defreitas of White & Case LLP. Document filed by Richard Malek..(Williams, Steven) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Anupama K. Reddy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22178435. Motion and supporting papers to be reviewed by Clerk's Office staff., #18 MOTION for Joseph R. Saveri to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22178730. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 18 MOTION for Joseph R. Saveri to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22178730. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Richard Malek. (Attachments: #1 Affidavit Exhibit 1, #2 Supplement Exhibit 2, #3 Text of Proposed Order Exhibit 3).(Saveri, Joseph) |
| Filing 17 MOTION for Anupama K. Reddy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22178435. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Richard Malek. (Attachments: #1 Affidavit Exhibit 1, #2 Supplement Exhibit 2, #3 Text of Proposed Order Exhibit 3).(Reddy, Anupama) |
| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-05538-LJL.. (rro) |
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Filing 16
OPINION & ORDER re: (35 in 1:20-cv-05826-LJL) LETTER MOTION for Extension of Time to File Case Management Plan and Scheduling Order and Request for Guidance re: End-Payor Plaintiffs' Leadership Applications addressed to Judge Lewis J. Liman from Sharon Robertson dated September 3, 2 filed by Mayor and City Council of Baltimore. For the foregoing reasons, it is hereby: ORDERED that the motion to appoint Sharon K. Robertson of Cohen Milstein and Robin van der Muelen of Labaton Sucharow as Interim Co-Lead Counsel for the putative class is GRANTED. Cohen Milstein and Labaton Sucharow will be responsible for the overall conduct of the litigation on behalf of the putative class of End-Payor Plaintiffs, including providing supervision of all class Plaintiffs' counsel in this litigation. As Interim Co-Lead Class Counsel, Cohen Milstein and Labaton Sucharow have the authority to: (As further set forth herein this Order.) It is further ORDERED that the motions by other counsel for appointment as interim class counsel for the putative End-Payor class are DENIED. It is further ORDERED that the motion to appoint interim class counsel for the putative Direct Purchaser class is DENIED. It is further ORDERED that Interim Co-Lead Class Counsel may not delegate responsibility or assign legal work to other law firms without the prior approval of the Court. No firm to which to which Interim Co-Lead Counsel delegates responsibility, when delegating with the approval of the Court, may further sub-delegate the work without the prior approval of interim co-lead counsel and the Court. It is further ORDERED that an Initial Pretrial Conference will be held on October 26, 2020 at 10:00 a.m. by TELEPHONE CONFERENCE. At that date and time, the parties are directed to dial the Court's conference line at 888-251-2909 (access code: 2123101). It is further ORDERED that, by October 22, 2020 at 5:00 p.m., interim class counsel for the End-Payor Actions and Defendants thereto, and counsel for the named plaintiff in the Direct Purchaser Actions and Defendants thereto, shall jointly file a single Case Management Plan and Scheduling Order which shall be filed in each of the Direct Purchaser Actions and in the consolidated End-Payor Action, No. 20-cv-5538, and shaLL include the following: (1) a uniform and identical date by which will be filed any amended complaint in the Direct Purchaser Actions and the consolidated amended complaint in the End-Payor Actions; (2) a uniform and identical date by which responsive papers will be due in both the Direct Purchaser and End-Payor Actions; (3) a uniform and identical briefing schedule for any motions to dismiss filed in either the Direct Purchaser or End-Payor Actions; (4) a uniform and identical schedule for discovery and post-discovery conferences and motions that will govern the Direct Purchaser and End-Payor Actions. All deadlines for filing responsive papers are adjourned pending further order of the Court. It is further ORDERED that by October 22, 2020 at 5:00 p.m., counsel in the Direct Purchaser Actions shall file a letter with the Court stating whether the two Direct Purchaser Actions should be consolidated. It is further ORDERED that the End-Payor Actions be consolidated; the Clerk of Court is respectfully directed to consolidate the following cases under No. 20-cv-5538: No. 20-cv-7580; No. 20-cv-7352; No. 20-cv-5837; No. 20-cv-5813; No. 20-cv-7492; No. 20-cv-5826; No. 20-cv-7309; No. 20-cv-5901; No. 20-cv-6769; No. 20-cv-7177; No. 20-cv-6647; No. 20-cv-7296; No. 20-cv-7304. SO ORDERED. (Signed by Judge Lewis J. Liman on 10/13/2020) (va)
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| Set/Reset Hearings: Initial Conference set for 10/26/2020 at 10:00 AM before Judge Lewis J. Liman. (va) |
| CONSOLIDATED MEMBER CASE: Create association to 1:20-cv-05538-LJL. (va) |
| Filing 15 CONSENT LETTER MOTION for Extension of Time to File Responsive Pleadings addressed to Judge Lewis J. Liman from J. Mark Gidley dated October 8, 2020. Document filed by Abbvie, Inc., Allergan Sales, LLC, Allergan USA, Inc., Allergan, Inc., Forest Laboratories Holdings, Ltd., Forest Laboratories Ireland, Ltd., Forest Laboratories, Inc., Forest Laboratories, LLC..(Gidley, John) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AbbVie Inc. for Allergan Sales, LLC, Allergan USA, Inc., Allergan, Inc., Forest Laboratories Holdings, Ltd., Forest Laboratories Ireland, Ltd., Forest Laboratories, Inc., Forest Laboratories, LLC. Document filed by Abbvie, Inc., Allergan Sales, LLC, Allergan USA, Inc., Allergan, Inc., Forest Laboratories Holdings, Ltd., Forest Laboratories Ireland, Ltd., Forest Laboratories, Inc., Forest Laboratories, LLC..(Gidley, John) |
| Filing 13 NOTICE OF APPEARANCE by John Mark Gidley on behalf of Abbvie, Inc., Allergan Sales, LLC, Allergan USA, Inc., Allergan, Inc., Forest Laboratories Holdings, Ltd., Forest Laboratories Ireland, Ltd., Forest Laboratories, Inc., Forest Laboratories, LLC..(Gidley, John) |
| Filing 12 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Forest Laboratories, LLC served on 9/21/2020, answer due 10/13/2020. Service was accepted by Corporation Trust Company. Document filed by Richard Malek..(Williams, Steven) |
| Filing 11 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Forest Laboratories, Inc. served on 9/21/2020, answer due 10/13/2020. Service was accepted by Corporation Service Company. Document filed by Richard Malek..(Williams, Steven) |
| Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Allergan USA, Inc. served on 9/18/2020, answer due 10/9/2020. Service was accepted by CT Corporation. Document filed by Richard Malek..(Williams, Steven) |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Allergan Sales, LLC served on 9/18/2020, answer due 10/9/2020. Service was accepted by CT Corporation. Document filed by Richard Malek..(Williams, Steven) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Allergan, Inc. served on 9/18/2020, answer due 10/9/2020. Service was accepted by CT Corporation. Document filed by Richard Malek..(Williams, Steven) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Abbvie, Inc. served on 9/21/2020, answer due 10/13/2020. Service was accepted by Corporate Creations Network. Document filed by Richard Malek..(Williams, Steven) |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-05538-LJL. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case..(wb) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (wb) |
| Filing 6 CIVIL COVER SHEET filed..(Williams, Steven) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Abbvie, Inc., Allergan Sales, LLC, Allergan USA, Inc., Allergan, Inc., Forest Laboratories Holdings, Ltd., Forest Laboratories Ireland, Ltd., Forest Laboratories, Inc., Forest Laboratories, LLC..(dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Steven N. Williams. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Citizenship Plaintiff code 7 (NONE); Citizenship Defendant code 7 (NONE); Dollar Demand $5,000,000,000; County code Albany. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 4 (Diversity); the Citizenship Plaintiff code has been modified to 2 (Citizen of Another State); the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Dollar Demand has been modified to $5,000,000; the County code has been modified to XX Out of State. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Steven N. Williams. The party information for the following party/parties has been modified: Allergan Sales, LLC, Allergan USA, Inc., Allergan, Inc., Forest Laboratories Holdings, Ltd., Forest Laboratories Ireland, Ltd., Forest Laboratories, Inc., Forest Laboratories, LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Steven N. Williams to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; update the Basis of Jurisdiction to reflect the selection made on CM/ECF. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dnh) |
| CASE REFERRED TO Judge Lewis J. Liman as possibly related to 1:20-cv-05538-LJL. (dnh) |
| Case Designated ECF. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(dnh) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to ABBVIE INC., ALLERGAN, INC., ALLERGAN SALES, LLC, ALLERGAN USA, INC., FOREST LABORATORIES, INC., FOREST LABORATORIES HOLDINGS, LTD., FOREST LABORATORIES IRELAND, LTD., and FOREST LABORATORIES, LLC, re: #1 Complaint,. Document filed by Richard Malek..(Williams, Steven) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-05538-LJL. Document filed by Richard Malek..(Williams, Steven) |
| Filing 2 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Williams, Steven) Modified on 9/14/2020 (dnh). |
| Filing 1 COMPLAINT against Abbvie, Inc., Allergan Sales, LLC, Allergan USA, Inc., Allergan, Inc., Forest Laboratories Holdings, Ltd., Forest Laboratories Ireland, Ltd., Forest Laboratories, Inc., Forest Laboratories, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-21622800)Document filed by Richard Malek..(Williams, Steven) |
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