UnitedHealthcare Insurance Company et al v. Regeneron Pharmaceuticals, Inc.
| UnitedHealthcare Insurance Company and United Healthcare Services, Inc. |
| Regeneron Pharmaceuticals, Inc. |
| 7:2020cv10664 |
| December 17, 2020 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 29, 2021. A more recent docket listing may be available from PACER.
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Filing 42
OPINION AND ORDER re: (32 in 7:20-cv-10664-VB) MOTION to Dismiss or Stay. filed by Regeneron Pharmaceuticals, Inc., (20 in 7:21-cv-06245-VB) MOTION to Dismiss or Stay. filed by Regeneron Pharmaceuticals, Inc. The motions to stay are GRANTED. All proceedings in these two actions are hereby STAYED pending further Court order. Regeneron shall notify the Court within ten days of the resolution of the DOJ Action, and, in any event, shall update the Court as to the status of the DOJ Action by June 30, 2022. The motions to dismiss are TERMINATED without prejudice to renewal following the conclusion of the stays. The Clerk is instructed to terminate the motions. (Doc. #32 in case number 20 CV 10664; Doc. #20 in case number 21 CV 6245). SO ORDERED., Case stayed. (Signed by Judge Vincent L. Briccetti on 12/28/21) (yv)
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Filing 41
ORDER: The Order dated 9/28/2021, which was improperly filed in this case, is vacated. The Clerk of Court is directed to take down Doc. #40. (HEREBY ORDERED by Judge Vincent L. Briccetti) (Text Only Order) (sla)
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Filing 40
ORDER: Accordingly, it is hereby ORDERED that, by no later than October 7, 2021, plaintiff must notify the Court by letter whether it (i) intends to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiff elects not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiff a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendant's motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"); accord F5 Cap. v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiff elects to file an amended complaint, it must file the amended complaint by no later than 14 days after notifying the Court of its intent to do so. Within 21 days of such amendment, defendant may either: (i) file an answer to the amended complaint; (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that it is relying on the initially filed motion to dismiss. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 9/28/2021) (mml)
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Filing 39
REPLY MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss or Stay. . Document filed by Regeneron Pharmaceuticals, Inc...(Boehning, H.)
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Filing 38
ORDER granting #37 Letter Motion for Leave to File Excess Pages: Defendant may file a 14-page reply memorandum of law in support of its motion to dismiss. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl)
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Filing 37
CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Vincent L. Briccetti from H. Christopher Boehning dated May 24, 2021. Document filed by Regeneron Pharmaceuticals, Inc...(Boehning, H.)
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Filing 36
MEMORANDUM OF LAW in Opposition re: #32 MOTION to Dismiss or Stay. . Document filed by United Healthcare Services, Inc., UnitedHealthcare Insurance Company..(Kurtz, Jamie)
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Filing 35
ORDER terminating #23 Motion to Dismiss: Defendant's motion to dismiss the complaint #23 is terminated as moot in light of defendant's motion to dismiss the amended complaint #32 . (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl)
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Filing 34
DECLARATION of Jonathan H. Hurwitz in Support re: #32 MOTION to Dismiss or Stay.. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1 - UHC Amended Complaint, #2 Exhibit 2 - Exhibit A to UHC Amended Complaint, #3 Exhibit 3 - Exhibit B to UHC Amended Complaint, #4 Exhibit 4 - Exhibit K to UHC Amended Complaint, #5 Exhibit 5 - DOJ Complaint, #6 Exhibit 6 - 4/24/20 REGN Proxy, #7 Exhibit 7 - Exhibit 21.1 to 2/14/20 United 10-K, #8 Exhibit 8 - United Q4 2020 Earnings Release, #9 Exhibit 9 - FDA Document June 2018, #10 Exhibit 10 - FDA Document January 2018, #11 Exhibit 11 - FDA Document August 2011, #12 Exhibit 12 - 2014 OIG Bulletin, #13 Exhibit 13 - 2005 OIG Bulletin, #14 Exhibit 14 - 2/9/17 REGN 10-K, #15 Exhibit 15 - Scheduling Order in DOJ Action, #16 Exhibit 16 - 11/18/11 REGN Special Investor Call, #17 Exhibit 17 - 8/6/2013 REGN 10-Q, #18 Exhibit 18 - 10/19/13 Barrons Article, #19 Exhibit 19 - 10/22/13 Ikarian Point Research Article, #20 Exhibit 20 - 12/9/14 Law 360 Article, #21 Exhibit 21 - 12/18/13 NYT Article, #22 Exhibit 22 - 12/19/13 Fierce Pharma Article, #23 Exhibit 23 - 9/25/15 LA Times Article, #24 Exhibit 24 - 5/19/16 Bloomberg Article, #25 Exhibit 25 - 5/27/16 Bloomberg Article, #26 Exhibit 26 - 5/27/16 Fierce Pharma Article, #27 Exhibit 27 - 6/9/16 USA Today Article, #28 Exhibit 28 - 8/4/16 US Official News Article, #29 Exhibit 29 - 9/1/16 Fierce Pharma Article, #30 Exhibit 30 - 5/19/17 Law 360 Article, #31 Exhibit 31 - 6/29/17 Fierce Pharma Article, #32 Exhibit 32 - 6/29/17 Reuters Article, #33 Exhibit 33 - 8/1/16 Bloomberg Article, #34 Exhibit 34 - Mbody v. United Motion to Dismiss, #35 Exhibit 35 - Simms v. Philip Morris Opinion).(Hurwitz, Jonathan)
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Filing 33
MEMORANDUM OF LAW in Support re: #32 MOTION to Dismiss or Stay. . Document filed by Regeneron Pharmaceuticals, Inc...(Boehning, H.)
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Filing 32
MOTION to Dismiss or Stay. Document filed by Regeneron Pharmaceuticals, Inc...(Boehning, H.)
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Filing 31
ORDER granting #30 Letter Motion for Extension of Time: Defendant's time to move to dismiss the amended complaint is extended to 4/22/2021. Plaintiffs' opposition shall be filed by 5/13/2021. Defendant's reply, if any, shall be filed by 5/27/2021. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl)
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Filing 30
CONSENT LETTER MOTION for Extension of Time of the Briefing Deadlines for Regeneron's Anticipated Motion to Dismiss the First Amended Complaint, or in the Alternative to Stay this Action addressed to Judge Vincent L. Briccetti from H. Christopher Boehning dated April 2, 2021. Document filed by Regeneron Pharmaceuticals, Inc...(Boehning, H.)
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Filing 29
FIRST AMENDED COMPLAINT amending #1 Complaint,,, against Regeneron Pharmaceuticals, Inc. with JURY DEMAND.Document filed by UnitedHealthcare Insurance Company, United Healthcare Services, Inc.. Related document: #1 Complaint,,,. (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, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit AB, #29 Exhibit AC, #30 Exhibit AD, #31 Exhibit AE, #32 Exhibit AF, #33 Exhibit AG, #34 Exhibit AH, #35 Exhibit AI, #36 Exhibit AJ).(Kurtz, Jamie)
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Filing 28
MEMO ENDORSEMENT on re: #27 Letter filed by United Healthcare Services, Inc., UnitedHealthcare Insurance Company. ENDORSEMENT: Plaintiffs shall file their amended complaint by Thursday, March 25th, 2021. SO ORDERED. (Amended Pleadings due by 3/25/2021.) (Signed by Judge Vincent L. Briccetti on 3/11/2021) (mml)
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Filing 27
LETTER addressed to Judge Vincent L. Briccetti from Jamie R. Kurtz dated March 11, 2021 re: #26 Order. Document filed by United Healthcare Services, Inc., UnitedHealthcare Insurance Company..(Kurtz, Jamie)
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Filing 26
ORDER: Accordingly, it is hereby ORDERED that, by no later than March 11, 2021, plaintiffs must notify the Court by letter whether they (i) intend to file an amended complaint in response to the motion to dismiss, or (ii) will rely on the complaint that is the subject of the motion to dismiss. If plaintiffs elect not to file an amended complaint, the motion will proceed in the regular course, and the Court is unlikely to grant plaintiffs a further opportunity to amend to address the purported deficiencies made apparent by the fully briefed arguments in defendant's motion. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC, 797 F.3d 160, 190 (2d Cir. 2015) (leaving "unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility"); accord F5 Capital v. Pappas, 856 F.3d 61, 89-90 (2d Cir. 2017). The time to file opposing and reply papers shall be governed by the Federal Rules of Civil Procedure and the Local Civil Rules, unless otherwise ordered by the Court. If plaintiffs elect to file an amended complaint, they must file the amended complaint by no later than 14 days after notifying the Court of their intent to do so. Within 21 days of such amendment, defendant may either: (i) file an answer to the amended complaint; or (ii) file a motion to dismiss the amended complaint; or (iii) notify the Court by letter that it is relying on the initially filed motion to dismiss. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 3/2/2021) (mml)
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Filing 25
DECLARATION of Jonathan H. Hurwitz in Support re: #23 MOTION to Dismiss or Stay.. Document filed by Regeneron Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1 - UHC Complaint, #2 Exhibit 2 - Exhibit A to UHC Complaint, #3 Exhibit 3 - Exhibit B to UHC Complaint, #4 Exhibit 4 - Exhibit K to UHC Complaint, #5 Exhibit 5 - DOJ Complaint, #6 Exhibit 6 - 4/24/20 REGN Proxy, #7 Exhibit 7 - Exhibit 21.1 to 2/14/20 United 10-K, #8 Exhibit 8 - United Q4 2020 Earnings Release, #9 Exhibit 9 - FDA Document June 2018, #10 Exhibit 10 - FDA Document January 2018, #11 Exhibit 11 - FDA Document August 2011, #12 Exhibit 12 - 2014 OIG Bulletin, #13 Exhibit 13 - 2005 OIG Bulletin, #14 Exhibit 14 - 2/9/17 REGN 10-K, #15 Exhibit 15 - Scheduling Order in DOJ Action, #16 Exhibit 16 - 11/18/11 REGN Special Investor Call, #17 Exhibit 17 - 8/6/2013 REGN 10-Q, #18 Exhibit 18 - 10/19/13 Barrons Article, #19 Exhibit 19 - 10/22/13 Ikarian Point Research Article, #20 Exhibit 20 - 12/9/14 Law 360 Article, #21 Exhibit 21 - 12/18/13 NYT Article, #22 Exhibit 22 - 12/19/13 Fierce Pharma Article, #23 Exhibit 23 - 9/25/15 LA Times Article, #24 Exhibit 24 - 5/19/16 Bloomberg Article, #25 Exhibit 25 - 5/27/16 Bloomberg Article, #26 Exhibit 26 - 5/27/16 Fierce Pharma Article, #27 Exhibit 27 - 6/9/16 USA Today Article, #28 Exhibit 28 - 8/4/16 US Official News Article, #29 Exhibit 29 - 9/1/16 Fierce Pharma Article, #30 Exhibit 30 - 5/19/17 Law 360 Article, #31 Exhibit 31 - 6/29/17 Fierce Pharma Article, #32 Exhibit 32 - 6/29/17 Reuters Article, #33 Exhibit 33 - 8/1/16 Bloomberg Article, #34 Exhibit 34 - Mbody v. United Motion to Dismiss, #35 Exhibit 35 - Simms v. Philip Morris Opinion).(Hurwitz, Jonathan)
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Filing 24
MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss or Stay. . Document filed by Regeneron Pharmaceuticals, Inc...(Boehning, H.)
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Filing 23
MOTION to Dismiss or Stay. Document filed by Regeneron Pharmaceuticals, Inc...(Boehning, H.)
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Filing 22
ORDER granting #21 Letter Motion for Leave to File Excess Pages: Defendant may file a 35-page memorandum of law in support of forthcoming its motion to dismiss or stay. Plaintiffs may file a 35-page opposition to any motion to dismiss or stay. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl)
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Filing 21
CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Vincent L. Briccetti from H. Christopher Boehning dated February 24, 2021. Document filed by Regeneron Pharmaceuticals, Inc...(Boehning, H.)
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Filing 20
ORDER FOR ADMISSION PRO HAC VICE granting #15 Motion for Jamie R. Kurtz to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 1/20/2021) (mml)
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Filing 19
ORDER FOR ADMISSION PRO HAC VICE granting #17 Motion for Charles C. Gokey to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 1/20/2021) (mml)
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Filing 18
ORDER FOR ADMISSION PRO HAC VICE granting #14 Motion for Jeffrey S. Gleason to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including Rules governing discipline of attorneys. (Signed by Judge Vincent L. Briccetti on 1/20/2021) (mml)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Charles C. Gokey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23582400. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Filing 17
MOTION for Charles C. Gokey to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23582400. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Charles C. Gokey, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order).(Gokey, Charles)
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Filing 16
NOTICE OF APPEARANCE by Nathaniel John Moore on behalf of United Healthcare Services, Inc., UnitedHealthcare Insurance Company..(Moore, Nathaniel)
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Filing 15
MOTION for Jamie R. Kurtz to Appear Pro Hac Vice (Payment Confirmation Tracking Id: ANYSDC-23579998). Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Jamie R. Kurtz, #2 Exhibit - Certificate of Good Standing, #3 Text of Proposed Order).(Kurtz, Jamie)
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Filing 14
MOTION for Jeffrey S. Gleason to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23579233. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by United Healthcare Services, Inc., UnitedHealthcare Insurance Company. (Attachments: #1 Declaration of Jeffrey S. Gleason, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order).(Gleason, Jeffrey)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Jeffrey S. Gleason to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23579233. Motion and supporting papers to be reviewed by Clerk's Office staff., #15 MOTION for Jamie R. Kurtz to Appear Pro Hac Vice (Payment Confirmation Tracking Id: ANYSDC-23579998). Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to Answer: By 3/1/2021, defendant shall answer, move, or otherwise respond to the complaint. (HEREBY ORDERED by Judge Vincent L. Briccetti)(Text Only Order) (mjl)
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Filing 12
LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,,, addressed to Judge Vincent L. Briccetti from H. Christopher Boehning dated January 12, 2021. Document filed by Regeneron Pharmaceuticals, Inc...(Boehning, H.)
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Filing 11
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Regeneron Pharmaceuticals, Inc...(Boehning, H.)
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Filing 10
NOTICE OF APPEARANCE by Jonathan Hillel Hurwitz on behalf of Regeneron Pharmaceuticals, Inc...(Hurwitz, Jonathan)
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Filing 9
NOTICE OF APPEARANCE by Jessica Sombat Carey on behalf of Regeneron Pharmaceuticals, Inc...(Carey, Jessica)
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Filing 8
NOTICE OF APPEARANCE by H. Christopher Boehning on behalf of Regeneron Pharmaceuticals, Inc...(Boehning, H.)
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Filing 7
NOTICE OF APPEARANCE by Brad Scott Karp on behalf of Regeneron Pharmaceuticals, Inc...(Karp, Brad)
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Filing 6
SUMMONS RETURNED EXECUTED Summons and Complaint,,, served. Regeneron Pharmaceuticals, Inc. served on 12/24/2020, answer due 1/14/2021. Service was accepted by CT Corporation, an Agent Authorized to Accept Service. Document filed by UnitedHealthcare Insurance Company; United Healthcare Services, Inc...(Schutz, Ronald)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Regeneron Pharmaceuticals, Inc...(dnh)
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Magistrate Judge Andrew E. Krause 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. (dnh)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(dnh)
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Case Designated ECF. (dnh)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UnitedHealth Group, Inc. for United Healthcare Services, Inc., UnitedHealthcare Insurance Company. Document filed by United Healthcare Services, Inc., UnitedHealthcare Insurance Company..(Schutz, Ronald)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Regeneron Pharmaceuticals, Inc., re: #1 Complaint,,,. Document filed by United Healthcare Services, Inc., UnitedHealthcare Insurance Company..(Schutz, Ronald)
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Filing 2
CIVIL COVER SHEET filed..(Schutz, Ronald)
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Filing 1
COMPLAINT against Regeneron Pharmaceuticals, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-23086003)Document filed by UnitedHealthcare Insurance Company, United Healthcare Services, 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, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit AB, #29 Exhibit AC, #30 Exhibit AD, #31 Exhibit AE, #32 Exhibit AF, #33 Exhibit AG, #34 Exhibit AH, #35 Exhibit AI).(Schutz, Ronald)
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