OWSINSKI v. AMPHASTAR PHARMACEUTICALS, INC
| KRISTIN I. OWSINSKI |
| AMPHASTAR PHARMACEUTICALS, INC, MYLAN INC, MYLAN LABORATORIES LIMITED, TEVA PHARMACEUTICALS USA INC, PFIZER INC., PHARMACIA CORPORATION, PHARMACIA & UPJOHN LLC, PHARMACIA & UPJOHN COMPANY LLC, PHARMACIA AND UPJOHN INC, THE UPJOHN COMPANY, PHARMACIA A.B., PLANNED PARENTHOOD WESTERN PENNSYLVANIA ACTION FUND, INC d/b/a PLANNED PARENTHOOD WOMEN'S HEALTH SERVICES, PLANNED PARENTHOOD WESTERN PENNSYLVANIA ACTION FUND, INC d/b/a PLANNED PARENTHOOD OF WESTERN PA, PLANNED PARENTHOOD COMMITTEE AND CLINIC OF PITTSBURGH, PLANNED PARENTHOOD FEDERATION OF AMERICA, INC, PLANNED PARENTHOOD CENTER OF PITTSBURGH, INC and PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES |
| 2:2023cv01340 |
| July 25, 2023 |
| US District Court for the Western District of Pennsylvania |
| Robert J Colville |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Notice of Removal-Personal Injury |
| Both |
Docket Report
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This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #61 Motion to Dismiss/Lack of Jurisdiction. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion to Dismiss for Failure to State a Claim. This message is for informational purposes only. (dmh)
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Filing 62
BRIEF in Support re #61 Motion to Dismiss/Lack of Jurisdiction or, in the Alternative, for Failure to State a Claim filed by MYLAN LABORATORIES LIMITED. (Attachments: #1 Exhibit A - Matta Declaration) (Reefer, Jason)
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Filing 61
MOTION to Dismiss for Lack of Jurisdiction or, in the Alternative, for Failure to State a Claim by MYLAN LABORATORIES LIMITED. (Attachments: #1 Certificate of Conferral, #2 Proposed Order) (Reefer, Jason). Added MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on 9/20/2023 (dmh)
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Filing 60
ORDER granting #59 Motion for Sheryl Shapiro Bassin to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 9/13/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo)
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Filing 59
MOTION for attorney Sheryl Shapiro Bassin to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7881121) by AMPHASTAR PHARMACEUTICALS, INC. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Proposed Order) (Bassin, Sheryl)
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Filing 58
BRIEF in Opposition re #42 Motion to Remand to State Court filed by MYLAN LABORATORIES LIMITED. (Reefer, Jason)
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Filing 57
RESPONSE to Motion re #42 First MOTION to Remand to State Court filed by MYLAN LABORATORIES LIMITED. (Reefer, Jason)
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Filing 56
REPLY BRIEF re #27 Motion to Dismiss for Failure to State a Claim filed by PFIZER INC., PHARMACIA & UPJOHN COMPANY LLC, PHARMACIA & UPJOHN LLC. (Williams, Raymond)
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Filing 55
REPLY BRIEF re #24 Motion to Dismiss for Failure to State a Claim, filed by AMPHASTAR PHARMACEUTICALS, INC, TEVA PHARMACEUTICALS USA INC. (Attachments: #1 Certificate of Service) (Henry, Terry)
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Filing 54
REPLY to Response to Motion re #44 Brief in Opposition to Motion to Dismiss filed by PLANNED PARENTHOOD FEDERATION OF AMERICA, INC, PLANNED PARENTHOOD WESTERN PENNSYLVANIA ACTION FUND, INC(d/b/a PLANNED PARENTHOOD OF WESTERN PA), PLANNED PARENTHOOD WESTERN PENNSYLVANIA ACTION FUND, INC(d/b/a PLANNED PARENTHOOD WOMEN'S HEALTH SERVICES). (McGuire, Joseph)
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Filing 53
BRIEF in Support re #52 Motion to Dismiss for Failure to State a Claim filed by MYLAN INC. (Attachments: #1 Exhibit A) (Reefer, Jason)
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Filing 52
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MYLAN INC. (Attachments: #1 Proposed Order, #2 Certificate of Conferral) (Reefer, Jason)
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Filing 51
Disclosure Statement identifying Viatris Inc. as corporate parent or other affiliate by MYLAN INC. (Reefer, Jason)
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Filing 50
Stipulation for Extension of Time to Answer by MYLAN LABORATORIES LIMITED Answer due from MYLAN LABORATORIES LIMITED on 9/19/2023. (Reefer, Jason)
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Filing 49
RESPONSE IN OPPOSITION TEVA PHARMACEUTICALS USA, INC., AND AMPHASTAR PHARMACEUTICALS, INC to #24 Motion to Dismiss for Failure to State a Claim,, filed by KRISTIN I. OWSINSKI. (Friday, Peter)
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Filing 48
RESPONSE IN OPPOSITION PFIZER INC., PHARMACIA & UPJOHN LLC, AND PHARMACIA & UPJOHN COMPANY LLC to #27 Motion to Dismiss for Failure to State a Claim, filed by KRISTIN I. OWSINSKI. (Friday, Peter)
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Filing 47
RESPONSE IN OPPOSITION PLANNED PARENTHOOD DEFENDANT'S to #18 Motion to Dismiss for Failure to State a Claim,, filed by KRISTIN I. OWSINSKI. (Friday, Peter)
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Filing 46
BRIEF in Opposition re #27 Motion to Dismiss for Failure to State a Claim PFIZER INC., PHARMACIA & UPJOHN LLC, AND PHARMACIA & UPJOHN COMPANY LLC filed by KRISTIN I. OWSINSKI. (Friday, Peter)
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Filing 45
BRIEF in Opposition re #24 Motion to Dismiss for Failure to State a Claim, TEVA PHARMACEUTICALS USA, INC., AND AMPHASTAR PHARMACEUTICALS, INC filed by KRISTIN I. OWSINSKI. (Friday, Peter)
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Filing 44
BRIEF in Opposition re #18 Motion to Dismiss for Failure to State a Claim, filed by KRISTIN I. OWSINSKI. (Friday, Peter)
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Filing 43
BRIEF in Support re #42 Motion to Remand to State Court filed by KRISTIN I. OWSINSKI. (Attachments: #1 Exhibit) (Friday, Peter)
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Filing 42
First MOTION to Remand to State Court by KRISTIN I. OWSINSKI. (Attachments: #1 Exhibit, #2 Proposed Order) (Friday, Peter)
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Filing 41
AMENDED DOCUMENT (Disclosure Statement) by MYLAN LABORATORIES LIMITED. Amendment to #2 Disclosure Statement. (Reefer, Jason)
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Filing 40
Errata re #31 Brief in Support of Motion to Dismiss for Failure to State a Claim by PFIZER INC., PHARMACIA & UPJOHN COMPANY LLC, PHARMACIA & UPJOHN LLC. Reason for Correction: Case number of document does not match case number of case. (Attachments: #1 Exhibit A and B) (Williams, Raymond)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #31 Brief in Support of Motion. ERROR: Case number of document (Main document only) does not match case number of case. CORRECTION: Attorney is directed to file an Errata with corrected case number. (kss)
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Filing 39
BRIEF in Support re #38 Motion to Dismiss for Failure to State a Claim filed by PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES. (Barchiesi, J.)
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Filing 38
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by PENNSYLVANIA DEPARTMENT OF HUMAN SERVICES. (Attachments: #1 Exhibit, #2 Proposed Order) (Barchiesi, J.)
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Filing 37
Disclosure Statement identifying BlackRock Inc. as corporate parent or other affiliate, by AMPHASTAR PHARMACEUTICALS, INC. (James, Ryan)
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Filing 36
BRIEF in Support re #24 Motion to Dismiss for Failure to State a Claim, filed by AMPHASTAR PHARMACEUTICALS, INC, TEVA PHARMACEUTICALS USA INC. (Attachments: #1 Exhibit A - D) (Henry, Terry) Modified text on 8/11/2023. (cel)
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Filing 35
Errata re #24 Motion to Dismiss for Failure to State a Claim, by AMPHASTAR PHARMACEUTICALS, INC, TEVA PHARMACEUTICALS USA INC. Reason for Correction: Signature and filer did not match.. (Attachments: #1 Proposed Order, #2 Exhibit Certificate of Conferral re Meet and Confer) (Henry, Terry) Modified text on 8/14/2023. (ept)
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Filing 34
Errata re #23 Disclosure Statement by TEVA PHARMACEUTICALS USA INC. Reason for Correction: Signature and filer did not match.. (Henry, Terry)
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Filing 33
Proposed Order re #27 Motion to Dismiss for Failure to State a Claim by PFIZER INC., PHARMACIA & UPJOHN COMPANY LLC, PHARMACIA & UPJOHN LLC. (Williams, Raymond)
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Filing 32
Proposed Order re #25 Motion To Join Sections of Teva And Amphastar's Memorandum of Law In Support Of Motion To Dismiss Plaintiff's Complaint by PFIZER INC., PHARMACIA & UPJOHN COMPANY LLC, PHARMACIA & UPJOHN LLC. (Williams, Raymond)
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Filing 31
BRIEF in Support re #27 Motion to Dismiss for Failure to State a Claim filed by PFIZER INC., PHARMACIA & UPJOHN COMPANY LLC, PHARMACIA & UPJOHN LLC. (Attachments: #1 Exhibit A and B, #2 Proposed Order) (Williams, Raymond). Document removed from view and refiled as an Errata at #40 . Modified text on 8/16/2023. (dmh)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #24 Brief attached to Motion to Dismiss for Failure to State a Claim. ERROR: Signature on Brief in support and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the Brief in support with corrected signature using the "Brief in Support of Motion" event. The Brief in Support must be linked to #24 . CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: Document should been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. (rtm)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #27 Motion to Dismiss for Failure to State a Claim. ERROR: Proposed Order, which is required for all motions in civil cases per Local Rule LCvR7, was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. (rtm)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #24 Motion to Dismiss for Failure to State a Claim,. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the motion using the Errata event. (rtm)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #23 Disclosure Statement. ERROR: Signature on document and filer do not match. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit the document using the Errata event. (rtm)
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Filing 30
Disclosure Statement identifying Pharmacia LLC, Wyeth Holdings LLC as corporate parent or other affiliate, by PHARMACIA & UPJOHN LLC. (Williams, Raymond) Modified text on 8/15/2023. (kss)
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Filing 29
Disclosure Statement identifying Pharmacia & Upjohn LLC as corporate parent or other affiliate, by PHARMACIA & UPJOHN COMPANY LLC. (Williams, Raymond)
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Filing 28
Disclosure Statement identifying None as corporate parent or other affiliate, by PFIZER INC.. (Williams, Raymond)
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Filing 27
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by PFIZER INC., PHARMACIA & UPJOHN COMPANY LLC, PHARMACIA & UPJOHN LLC. (Williams, Raymond)
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Filing 26
BRIEF in Support re #25 Motion To Join Sections Of Teva And Amphastar's Memorandum Of Law In Support Of Motion To Dismiss filed by PFIZER INC., PHARMACIA & UPJOHN COMPANY LLC, PHARMACIA & UPJOHN LLC. (Attachments: #1 Proposed Order) (Williams, Raymond)
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Filing 25
MOTION To Join Sections Of Teva And Amphastar's Memorandum Of Law In Support Of Motion To Dismiss Plaintiff's Complaint by PFIZER INC., PHARMACIA & UPJOHN COMPANY LLC, PHARMACIA & UPJOHN LLC. (Williams, Raymond)
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Filing 24
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by AMPHASTAR PHARMACEUTICALS, INC, TEVA PHARMACEUTICALS USA INC. (Attachments: #1 Exhibit Memo of Law, #2 Exhibits A - D, #3 Exhibit Certificate of Conferral re Meet and Confer, #4 Proposed Order) (Byers, Justina) Modified text on 8/11/2023. (rtm) Attachment #1 removed from view and redocketed at #36 . Modified text on 8/11/2023. (ept) Linked added to Errata filed at #35 . Modified text on 8/14/2023. (ept)
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Filing 23
Disclosure Statement identifying Teva Holdco US, Inc. as corporate parent or other affiliate, by TEVA PHARMACEUTICALS USA INC. (Byers, Justina) Document removed from view and refiled as an Errata at #34 . Modified text on 8/14/2023. (ept)
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Filing 22
Disclosure Statement identifying NONE as corporate parents or other affiliates, by PLANNED PARENTHOOD FEDERATION OF AMERICA, INC. (McGuire, Joseph) Modified text on 8/11/2023. (rtm)
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Filing 21
Disclosure Statement by PLANNED PARENTHOOD WESTERN PENNSYLVANIA ACTION FUND, INC(d/b/a PLANNED PARENTHOOD WOMEN'S HEALTH SERVICES). (McGuire, Joseph)
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Filing 20
Disclosure Statement identifying None as corporate parent or affiliate by PLANNED PARENTHOOD WESTERN PENNSYLVANIA ACTION FUND, INC(d/b/a PLANNED PARENTHOOD OF WESTERN PA). (McGuire, Joseph) Modified text on 8/10/2023. (kss)
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Filing 19
BRIEF in Support re #18 Motion to Dismiss for Failure to State a Claim, filed by PLANNED PARENTHOOD FEDERATION OF AMERICA, INC, PLANNED PARENTHOOD WESTERN PENNSYLVANIA ACTION FUND, INC(d/b/a PLANNED PARENTHOOD OF WESTERN PA), PLANNED PARENTHOOD WESTERN PENNSYLVANIA ACTION FUND, INC(d/b/a PLANNED PARENTHOOD WOMEN'S HEALTH SERVICES). (McGuire, Joseph)
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Filing 18
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by PLANNED PARENTHOOD FEDERATION OF AMERICA, INC, PLANNED PARENTHOOD WESTERN PENNSYLVANIA ACTION FUND, INC(d/b/a PLANNED PARENTHOOD OF WESTERN PA), PLANNED PARENTHOOD WESTERN PENNSYLVANIA ACTION FUND, INC(d/b/a PLANNED PARENTHOOD WOMEN'S HEALTH SERVICES). (Attachments: #1 Exhibit, #2 Proposed Order) (McGuire, Joseph)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #2 Disclosure Statement, #4 Disclosure Statement, #10 Disclosure Statement. ERROR: Party did not file disclosure statement identifying citizenship pursuant to FRCvP 7.1(a)(2), which took effect on December 1, 2022. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 8/16/2023. (cel)
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CLERK'S OFFICE QUALITY CONTROL MESSAGE re #14 Motion to Appear Pro Hac Vice, #15 Motion to Appear Pro Hac Vice. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in the future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (rtm)
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Filing 17
ORDER granting #15 Motion for Melanie S. Carter to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 8/8/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo)
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Filing 16
ORDER granting #14 Motion for Terry M. Henry to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 8/8/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo)
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Filing 15
MOTION for attorney Melanie S. Carter to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7823963) by TEVA PHARMACEUTICALS USA INC. (Carter, Melanie)
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Filing 14
MOTION for attorney Terry M. Henry to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7823922) by TEVA PHARMACEUTICALS USA INC. (Henry, Terry)
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Filing 13
ORDER granting #12 Motion for Justina L. Byers to Appear Pro Hac Vice. Signed by Judge Robert J. Colville on 8/8/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (cjo)
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Filing 12
MOTION for attorney Justina L. Byers to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7823346) by TEVA PHARMACEUTICALS USA INC. (Byers, Justina)
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Filing 11
Stipulation for Extension of Time to Answer by TEVA PHARMACEUTICALS USA INC. Answer due from TEVA PHARMACEUTICALS USA INC on 8/10/2023; AMPHASTAR PHARMACEUTICALS, INC on 8/10/2023; PFIZER INC. on 8/10/2023; PLANNED PARENTHOOD FEDERATION OF AMERICA, INC on 8/10/2023; PLANNED PARENTHOOD WESTERN PENNSYLVANIA ACTION FUND, INC(d/b/a PLANNED PARENTHOOD OF WESTERN PA) on 8/10/2023; PLANNED PARENTHOOD WESTERN PENNSYLVANIA ACTION FUND, INC(d/b/a PLANNED PARENTHOOD WOMEN'S HEALTH SERVICES) on 8/10/2023. (Attachments: #1 Certificate of Service) (Guerra, Ricky)
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Filing 10
Disclosure Statement identifying BlackRock Inc. as corporate parent or other affiliate, by AMPHASTAR PHARMACEUTICALS, INC. (James, Ryan)
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Filing 9
AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES - Every telephonic conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled, you will be instructed to refer back to this notice. This document has a security setting of Case Participants Only, so only those individuals will have access to view the document. (cjo)
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Filing 8
ORDER re 12(b) Motions. Signed by Judge Robert J. Colville on 7/31/23. (cjo)
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Filing 7
NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (cjo)
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Judge Robert J. Colville added. (nae)
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Filing 6
ORDER OF RECUSAL. Pursuant to 28 U.S.C. 455(a), this Court hereby recuses itself as to all matters of the above-captioned case and requests that this case be assigned to another member of the Court. Judge Arthur J. Schwab recused. Signed by Judge Arthur J. Schwab on 7/28/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (lar)
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Filing 5
ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the court for all further proceedings. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 7/28/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mwm)
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Filing 4
Disclosure Statement identifying Teva Pharmaceutical Industries Ltd. as corporate parent or other affiliate, by TEVA PHARMACEUTICALS USA INC. (Guerra, Ricky)
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Filing 3
NOTICE of Appearance by Ricky M Guerra on behalf of TEVA PHARMACEUTICALS USA INC. (Guerra, Ricky)
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Judge Arthur J. Schwab added. (nae)
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Judge Nora Barry Fischer added as Presider. (ept)
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Judge Nora Barry Fischer no longer assigned to case. (Assigned in error) (nae)
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Filing 2
Disclosure Statement identifying Viatris Inc. as corporate parent or other affiliate, by MYLAN LABORATORIES LIMITED. (dmh)
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Filing 1
NOTICE OF REMOVAL from Allegheny County, case number GD23-004246 with Jury Demand. Copies attached: Complaint; Docket Sheet; Praecipe to Issue Writ of Summons; Praecipe to Reinstate Writ of Summons (Filing fee, including Administrative fee, $402, receipt number APAWDC-7803109), filed by MYLAN LABORATORIES LIMITED. (dmh) (Additional attachment(s) added on 7/27/2023: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H) (dmh).
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