Abbvie et al v. Brown et al
| Abbvie, Allergan, Durata Therapeutics, Abbvie Products, Pharmacyclics and Allergan Sales |
| Derek Brown and Jon Pike |
| American Hospital Association, 340B Health, Utah Hospital Association, American Society of Health - System Pharmacists and Association for Utah Community Health |
| 2:2025cv00271 |
| April 7, 2025 |
| U.S. District Court for the District of Utah |
| Daphne A Oberg |
| Robert J Shelby |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on November 19, 2025. A more recent docket listing may be available from PACER.
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Filing 86
NOTICE of SUPPLEMENTAL AUTHORITY by Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics re #12 MOTION for Preliminary Injunction and Memorandum in Support , #60 Memorandum in Opposition to Motion (Attachments: #1 Exhibit 1 - AstraZeneca Pharmaceuticals LP v. Harris) (Anderson, Devin)
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Filing 85
RESPONSE re #84 Notice of Supplemental Authority, filed by Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics. (Attachments: #1 Exhibit A - 340B Report)(Anderson, Devin)
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Filing 84
NOTICE of SUPPLEMENTAL AUTHORITY by Derek Brown, Jon Pike in Support of Defendants' Motion to Dismiss (Attachments: #1 Exhibit) (Dupree, Jason)
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Filing 83
RESPONSE re #82 Notice of Supplemental Authority, filed by Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics. (Anderson, Devin)
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Filing 82
NOTICE of SUPPLEMENTAL AUTHORITY by Derek Brown (Dupree, Jason)
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Filing 81
Transcript Purchased by: Matthew Owen, Meredith Pohl, Mike Lehr, David Wolf, Lance Sorenson, Jason Dupree re #80 transcript(s) of 7/30/25. (jrj)
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Filing 80
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearings held on July 30, 2025 before Judge Robert J. Shelby. Court Reporter/Transcriber Ed Young, Telephone number 801-328-3202. NOTICE RE REDACTION OF TRANSCRIPTS: Please review the transcript within 14 days after receiving this notice to determine if personal data identifiers need to be redacted. If redaction is not required, the transcript will be made electronically available 90 days after this notice. If redaction of personal identifies is needed, a party must file a Notice of Intent to Request Redaction within 21 days after receiving this notice. Within 42 days after receiving this notice, a party must file a Redaction Request identifying the information that must be redacted. Please review DUCivR 5.2-1 for additional information about redacting personal identifiers or protected information. The Attorney Filing the Notice of Intent To Request Redaction and Redaction request must send a copy to the court reporter. The court will not send a copy to the court reporter. 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. Notice of Intent to Request Redaction due 9/17/2025. Redaction Request due 10/8/2025. Redacted Transcript Deadline set for 10/29/2025. Release of Transcript Restriction set for 11/25/2025. (jrj)
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Filing 79
NOTICE of Appearance by Neil A. Joseph on behalf of Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics (Joseph, Neil)
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Filing 78
NOTICE of Appearance by Riley Satterwhite on behalf of Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics (Satterwhite, Riley)
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Filing 77
ORDER granting #76 Motion for Admission Pro Hac Vice of Attorney Neil A. Joseph for Abbvie,Neil A. Joseph for Abbvie Products,Neil A. Joseph for Allergan,Neil A. Joseph for Allergan Sales,Neil A. Joseph for Durata Therapeutics,Neil A. Joseph for Pharmacyclics.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 8/21/2025. (mh)
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Filing 76
MOTION for Admission Pro Hac Vice of Neil A. Joseph , Registration fee $ 50, receipt number AUTDC-5526966,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order re Application for Pro Hac Vice Admission)(Anderson, Devin)
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Filing 75
AO 435 TRANSCRIPT REQUEST ORDER FORM by Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics for proceedings held on 7/30/2025 before Judge Robert J. Shelby.. (Anderson, Devin)
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Filing 74
REQUEST for Transcript of Hearing on 7/30/2025 filed by Defendant Derek Brown. (Wolf, David)
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Filing 73
Minute Entry for proceedings held before Judge Robert J. Shelby: Motion Hearing held on 7/30/2025 re #28 MOTION to Dismiss and Memorandum in Support filed by Jon Pike, Derek Brown. Counsel for the parties are present. This is a consolidated hearing in cases 2:25-cv-271, 2:25-cv-284, and 2:25-cv-308 challenging Utah's SB69 law. By agreement between counsel and with approval of the court, argument will proceed consistent with counsel's proposal. Discussion and argument heard first on the motions to dismiss, starting with preemption issues. Next, discussion and argument heard on the motions to dismiss takings issues and vagueness issues. Finally, discussion and argument heard on the Commerce Clause issues in the motions to dismiss. The court took the motions to dismiss under advisement. Court was adjourned. Attorney for Plaintiff: Matthew Owen, Meredith Pohl, Riley Satterwhite, Attorney for Defendant: Lance Sorenson, Jason Dupress, David Wolf. Court Reporter: Ed Young. Recording: Electronic.(Time Start: 9:09:31, Time End: 4:33:09, Room 3.100.)(tcs)
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Filing 72
ORDER granting #71 Motion for Admission Pro Hac Vice of Attorney Riley Satterwhite for Abbvie,Riley Satterwhite for Abbvie Products,Riley Satterwhite for Allergan,Riley Satterwhite for Allergan Sales,Riley Satterwhite for Durata Therapeutics,Riley Satterwhite for Pharmacyclics.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 7/30/2025. (mh)
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Filing 71
MOTION for Admission Pro Hac Vice of Riley Satterwhite , Registration fee $ 50, receipt number AUTDC-5501830,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order re Application for Pro Hac Vice Admission)(Anderson, Devin)
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Filing 70
NOTICE of Cancellation of Deposition by Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics (Attachments: #1 Exhibit A - First Amended Notice of Deposition of The University of Utah) (Anderson, Devin)
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Filing 69
NOTICE FROM THE COURT: Due to the complexity of the issues presented in Defendants Motion to Dismiss #28 , and the relationship between the issues in the Motion to Dismiss and Plaintiffs Motion for Preliminary Injunction #12 , the court will bifurcate the Motions for purposes of the hearing set for 7/30/2025 and 7/31/2025. The court will hear oral argument on the Motion to Dismiss only without evidence. Once the Motion to Dismiss is resolved, the court will set a hearing on the Motion for Preliminary Injunction on any remaining claims. The court does not anticipate the hearing will last longer than one day, but will keep the hearing scheduled for two days to ensure the parties have sufficient time to present their arguments. (rlr)
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Filing 68
Minute Entry for proceedings held before Judge Robert J. Shelby: Miscellaneous Hearing held on 7/23/2025. The Court discloses to the parties that attorney Carissa Uresk, who recently appeared on case 2:25cv284, is a recent former clerk and the Court has had recent interactions related to employment search. Counsel are directed to file any concerns by 5:00 p.m. on Friday, 7/25/2025. Court Reporter: Ed Young.(rlr)
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Filing 67
NOTICE OF HEARING: Miscellaneous Hearing set for 7/23/2025 at 12:15 PM in US District Court-SLCU *virtual Court Via Zoom Conference* before Judge Robert J. Shelby. A Zoom link will be emailed to counsel. (rlr)
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Filing 66
NOTICE of Appearance by Michael S. Lehr on behalf of Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics (Lehr, Michael)
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Filing 65
NOTICE of Abbvie's Witness Disclosure Statement by Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics re #12 MOTION for Preliminary Injunction and Memorandum in Support (Anderson, Devin)
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Filing 64
NOTICE of Continuation and Rescheduling of Depositions by Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics (Attachments: #1 Exhibit 1 - Notice of Deposition Subpoena to CVS Pharmacy, Inc., #2 Exhibit 2 - Notice of Deposition Subpoena to Utah CVS Pharmacy, L.L.C.) (Anderson, Devin)
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Filing 63
REPLY to Response to Motion re #28 MOTION to Dismiss and Memorandum in Support filed by Defendants Derek Brown, Jon Pike. (Dupree, Jason)
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Filing 62
NOTICE of Continuation and Rescheduling of Depositions by Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics (Attachments: #1 Exhibit 1 - Notice of Deposition of Intermountain Health Care, Inc., #2 Exhibit 2 - Notice of Deposition of IHC Health Services, Inc., #3 Exhibit 3 - Notice of Deposition of the University of Utah) (Anderson, Devin)
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Filing 61
REPLY to Response to Motion re #12 MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics. (Attachments: #1 Exhibit 28, #2 Exhibit 29, #3 Exhibit 30, #4 Exhibit 31)(Anderson, Devin)
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Filing 60
MEMORANDUM in Opposition re #28 MOTION to Dismiss and Memorandum in Support filed by Plaintiffs Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics. (Anderson, Devin)
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Filing 59
Amicus BRIEF re #28 MOTION to Dismiss and Memorandum in Support filed by Amicus Association for Utah Community Health. (Tinney, Colby)
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Filing 58
ORDER granting #41 Motion for Leave to File Amicus Curiae Brief of Association for Utah Community Health. AUCH shall file its amicus curiae brief in the form found at docket number 41-1 within three days of this order. Signed by Magistrate Judge Daphne A. Oberg on 06/09/2025. (kpf)
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Filing 57
DOCKET TEXT ORDER granting #55 Motion to Withdraw Inadvertently Filed Brief of Association for Utah Community Health. The amicus brief at Doc. No. #54 shall be stricken. The amicus brief may be refiled if the motion for leave #41 is granted. Because the motion for leave does not state all parties' positions regarding the motion, it will be addressed after the response deadline has passed. Signed by Magistrate Judge Daphne A. Oberg on 6/4/2025. No attached document. (med)
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Filing 56
Amicus BRIEF re #29 Memorandum in Opposition to Motion,, filed by Amicus Parties 340B Health, American Hospital Association, American Society of Health - System Pharmacists, Utah Hospital Association. (Egan, Austin)
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Filing 55
MOTION to Withdraw and Memorandum in Support filed by Amicus Association for Utah Community Health. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Tinney, Colby)
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Filing 54
STRICKEN Amicus BRIEF re #28 MOTION to Dismiss and Memorandum in Support filed by Amicus Association for Utah Community Health. (Tinney, Colby) Modified on 6/4/2025 by striking per ECF 57 (mh).
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Filing 53
ORDER granting #48 Motion for Admission Pro Hac Vice of Attorney Courtney Christensen for 340B Health,Courtney Christensen for American Hospital Association,Courtney Christensen for American Society of Health - System Pharmacists,Courtney Christensen for Utah Hospital Association.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 6/2/2025. (mh)
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Filing 52
ORDER granting #47 Motion for Admission Pro Hac Vice of Attorney William B. Schultz for 340B Health,William B. Schultz for American Hospital Association,William B. Schultz for American Society of Health - System Pharmacists,William B. Schultz for Utah Hospital Association.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 6/2/2025. (mh)
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Filing 51
ORDER granting #46 Motion for Admission Pro Hac Vice of Attorney Margaet M. Dotzel for 340B Health,Margaet M. Dotzel for American Hospital Association,Margaet M. Dotzel for American Society of Health - System Pharmacists,Margaet M. Dotzel for Utah Hospital Association.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 6/2/2025. (mh)
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Filing 50
ORDER granting #45 Motion for Admission Pro Hac Vice of Attorney Alyssa Howard Card for 340B Health,Alyssa Howard Card for American Hospital Association,Alyssa Howard Card for American Society of Health - System Pharmacists,Alyssa Howard Card for Utah Hospital Association.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 6/2/2025. (mh)
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Filing 49
ORDER granting #30 Motion for Leave to File Amicus Curiae Brief. American Hospital Association, 340B Health, the Utah Hospital Association, and American Society of Health System Pharmacists shall file their amicus curiae brief in the form found at docket number 30-1 within three days of this order. Signed by Magistrate Judge Daphne A. Oberg on 6/2/2025. (mh)
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Filing 48
MOTION for Admission Pro Hac Vice of Courtney Christensen , Registration fee $ 50, receipt number AUTDC-5442765,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Amicus Parties 340B Health, American Hospital Association, American Society of Health - System Pharmacists, Utah Hospital Association. (Attachments: #1 Exhibit A - Pro Hac Vice Application, #2 Text of Proposed Order Proposed Order)(Egan, Austin)
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Filing 47
MOTION for Admission Pro Hac Vice of William Schultz , Registration fee $ 50, receipt number AUTDC-5442755,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Amicus Parties 340B Health, American Hospital Association, American Society of Health - System Pharmacists, Association for Utah Community Health. (Attachments: #1 Exhibit A - Pro Hac Vice Application, #2 Text of Proposed Order Proposed Order)(Egan, Austin)
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Filing 46
MOTION for Admission Pro Hac Vice of Margaret Dotzel , Registration fee $ 50, receipt number AUTDC-5442754,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Amicus Parties 340B Health, American Hospital Association, American Society of Health - System Pharmacists, Association for Utah Community Health. (Attachments: #1 Exhibit A - Pro Hac Vice Application, #2 Text of Proposed Order Proposed Order)(Egan, Austin)
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Filing 45
MOTION for Admission Pro Hac Vice of Alyssa Howard Card , Registration fee $ 50, receipt number AUTDC-5442753,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Amicus Parties 340B Health, American Hospital Association, American Society of Health - System Pharmacists, Association for Utah Community Health. (Attachments: #1 Exhibit A - Pro Hac Vice Application, #2 Text of Proposed Order Proposed Order) Attorney Austin B. Egan added to party Association for Utah Community Health(pty:am)(Egan, Austin)
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Filing 44
NOTICE of Appearance by Christopher A. Langston on behalf of Association for Utah Community Health (Langston, Christopher)
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Filing 43
NOTICE of Appearance by J. Ryan Mitchell on behalf of Association for Utah Community Health (Mitchell, J. Ryan)
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Filing 42
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Amicus Association for Utah Community Health identifying N/A as Corporate Parent. (Tinney, Colby)
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Filing 41
MOTION for Leave to File Amicus Brief and Memorandum in Support filed by Amicus Association for Utah Community Health. (Attachments: #1 Exhibit A: Amicus Brief, #2 Exhibit B: Proposed Order) Motions referred to Daphne A. Oberg.(Tinney, Colby)
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Filing 40
ORDER granting #38 Motion for Admission Pro Hac Vice of Attorney Madelaine M. Cleghorn for Association for Utah Community Health.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 5/30/2025. (mh)
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Filing 39
ORDER granting #37 Motion for Admission Pro Hac Vice of Attorney Stephen M. Kuperberg for Association for Utah Community Health.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 5/30/2025. (mh)
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Filing 38
MOTION for Admission Pro Hac Vice of Madelaine M. Cleghorn , Registration fee $ 50, receipt number AUTDC-5441882,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Amicus Association for Utah Community Health. (Attachments: #1 Exhibit A: Application, #2 Exhibit B: Proposed Order)(Tinney, Colby)
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Filing 37
MOTION for Admission Pro Hac Vice of Stephen M. Kuperberg , Registration fee $ 50, receipt number AUTDC-5441873,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Amicus Association for Utah Community Health. (Attachments: #1 Exhibit A: Application, #2 Exhibit B: Proposed Order) Attorney Colby Tinney added to party Association for Utah Community Health(pty:am)(Tinney, Colby)
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Filing 36
NOTICE of Appearance by Jason N. Dupree on behalf of Derek Brown, Jon Pike (Dupree, Jason)
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Filing 35
NOTICE of Appearance by David N. Wolf on behalf of Derek Brown, Jon Pike (Wolf, David)
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Filing 34
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Amicus Utah Hospital Association. (Egan, Austin)
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Filing 33
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Amicus American Society of Health - System Pharmacists. (Egan, Austin)
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Filing 32
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Amicus American Hospital Association. (Egan, Austin)
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Filing 31
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Amicus 340B Health. (Egan, Austin)
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Filing 30
MOTION for Leave to File Amicus Brief and Memorandum in Support filed by Amicus Parties 340B Health, American Hospital Association, American Society of Health - System Pharmacists, Utah Hospital Association. (Attachments: #1 Exhibit A - Amicus Brief, #2 Text of Proposed Order Proposed Order) Motions referred to Daphne A. Oberg. Attorney Austin B. Egan added to party 340B Health(pty:am), Attorney Austin B. Egan added to party American Hospital Association(pty:am), Attorney Austin B. Egan added to party American Society of Health - System Pharmacists(pty:am), Attorney Austin B. Egan added to party Utah Hospital Association(pty:am)(Egan, Austin)
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Filing 29
MEMORANDUM in Opposition re #12 MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Derek Brown, Jon Pike. (Attachments: #1 Exhibit 1 - Declaration of Mark Horrocks, #2 Exhibit 2 - Declaration of Kevin Forbush, #3 Exhibit 3 - Declaration of Charlton Park, #4 Exhibit 4 - Declaration of Alan Pruhs, #5 Exhibit 5 - Declaration of Jennifer Thomas, #6 Exhibit 6 - Declaration of Clayton Hold, #7 Exhibit 7 - Declaration of Alicia Martinez, #8 Exhibit 8 - Declaration of Todd Bailey, #9 Exhibit 9 - Declaration of Lorraine Wright, #10 Exhibit 10 - Declaration of Jim Marshall)(Sorenson, Lance)
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Filing 28
MOTION to Dismiss and Memorandum in Support filed by Defendants Derek Brown, Jon Pike. Attorney Jason N. Dupree added to party Derek Brown(pty:dft), Attorney Jason N. Dupree added to party Jon Pike(pty:dft)(Dupree, Jason)
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Filing 27
AMENDED SCHEDULING ORDER - Defendants' Opposition to Plaintiffs' #12 Motion for Preliminary Injunction and Response to Complaint is due on May 16, 2025. Plaintiffs' Reply Memorandum in Support of #12 Motion for Preliminary Injunction and Opposition to any Motion to Dismiss is due on June 16, 2025. Defendants' Reply Memorandum in Support of any Motion to Dismiss is due on June30, 2025. The court sets this matter for 7/30/2025 at 09:00 AM in Rm 3.100 before Judge Robert J. Shelby and for 7/31/2025 at 09:00 AM in Rm 3.100 before Judge Robert J. Shelby. Signed by Judge Robert J. Shelby on 5/8/2025. (mh)
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Filing 26
ORDER granting Joint Request for Order of Transfer - This Matter is ORDERED to be reassigned to Judge Robert J. Shelby. Signed by Judge Robert J. Shelby on 5/8/2025. (mh)
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Filing 25
DOCKET TEXT ORDER granting #24 Stipulated Motion for Expedited Discovery. The court construes the parties' stipulation #24 as a motion for expedited discovery. Based on the parties' stipulation, the motion is granted. See Fed. R. Civ. P. 26(d)(1) (permitting discovery in advance of a Rule 26(f) conference "when authorized... by stipulation, or by court order"). The parties are authorized to proceed with third-party discovery pursuant to Rule 45 during the pendency of the preliminary injunction proceedings and in advance of a Rule 26(f) conference, in accordance with the terms of the parties' stipulation. Signed by Magistrate Judge Daphne A. Oberg on 5/5/2025. No attached document. (med)
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Filing 24
Motion for Expedited DiscoverySTIPULATION re: Third Party Discovery by Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics. (Attachments: #1 Text of Proposed Order Granting Joint Stipulation re Third Party Discovery)(Anderson, Devin) Modified on 5/5/2025-changed to Motion for Expedited Discovery per chambers (DAO,MD). (jrj).
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Filing 23
RECEIVED Consent/Reassignment Form from Plaintiffs Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics. (mh)
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Filing 22
NOTICE OF HEARING ON MOTION re: #12 MOTION for Preliminary Injunction and Memorandum in Support: Motion Hearing set for 7/11/2025 at 01:00 PM in Rm 8.100 before Judge David Barlow. (tcs)
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Filing 21
ORDER granting #19 Motion for Briefing Schedule. Defendant's Response to #12 Motion for Preliminary Injunction and Response to #2 Complaint is due 5/16/2025. Plaintiff's Reply as to motion and response to any motions to dismiss is due 6/16/2025. Defendants Reply Memorandum in Support of any Motion to Dismiss is due on June 30, 2025. Signed by Judge David Barlow on 4/22/2025. (alf)
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Filing 20
Motions No Longer Referred: #19 Joint MOTION for Scheduling Order. District Judge Barlow will handle the motion. (med)
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Filing 19
Joint MOTION for Scheduling Order filed by Defendants Derek Brown, Jon Pike. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg. Attorney Lance F. Sorenson added to party Derek Brown(pty:dft), Attorney Lance F. Sorenson added to party Jon Pike(pty:dft)(Sorenson, Lance)
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Filing 18
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiffs Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics identifying AbbVie Inc. as Corporate Parent. (Anderson, Devin)
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Filing 17
NOTICE of Appearance by Meredith M. Pohl on behalf of Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics (Pohl, Meredith)
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Filing 16
NOTICE of Appearance by Matthew S. Owen on behalf of Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics (Owen, Matthew)
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Filing 15
ORDER granting #10 Motion for Admission Pro Hac Vice of Attorney Meredith M. Pohl for Abbvie,Meredith M. Pohl for Abbvie Products,Meredith M. Pohl for Allergan,Meredith M. Pohl for Allergan Sales,Meredith M. Pohl for Durata Therapeutics,Meredith M. Pohl for Pharmacyclics.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 4/10/25. (jrj)
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Filing 14
ORDER granting #9 Motion for Admission Pro Hac Vice of Attorney Matthew S. Owen for Abbvie,Matthew S. Owen for Abbvie Products,Matthew S. Owen for Allergan,Matthew S. Owen for Allergan Sales,Matthew S. Owen for Durata Therapeutics,Matthew S. Owen for Pharmacyclics.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Daphne A. Oberg on 4/10/25. (jrj)
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Filing 13
ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Daphne A. Oberg on 4/10/2025. (kec)
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Filing 12
MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics. (Attachments: #1 Exhibit 1 Declaration, #2 Exhibit 2 Air340B Report, #3 Exhibit 3 IQVIA White Paper, #4 Exhibit 4 OEI Report, #5 Exhibit 5 2011 GOA Report, #6 Exhibit 6 2018 GOA Report, #7 Exhibit 7 LA Hrg Tr. Excerpts, #8 Exhibit 8 LA Reply Brief, #9 Exhibit 9 BRG Report, #10 Exhibit 10 340B Health Comment Letter, #11 Exhibit 11 IQVIA White Paper, #12 Exhibit 12 340B Report Article, #13 Exhibit 13 Declaration, #14 Exhibit 14 MD Hrg Tr. Excerpts, #15 Exhibit 15 340B Report Article, #16 Exhibit 16 NC Treasurer Report, #17 Exhibit 17 N.E. J. of Med. Article, #18 Exhibit 18 N.E. J. of Med. Article, #19 Exhibit 19 Air340B Report, #20 Exhibit 20 Conti-Bach Article, #21 Exhibit 21 AJMC Article, #22 Exhibit 22 COA Report, #23 Exhibit 23 Senate Ltr. to CVS, #24 Exhibit 24 BRG Report, #25 Exhibit 25 AHA Statement, #26 Exhibit 26 AUCH Comment Letter, #27 Exhibit 27 Intermountain Health Comment Letter)(Anderson, Devin)
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Filing 11
ORDER REFERRING CASE to Magistrate Judge Daphne A. Oberg under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Daphne A. Oberg. Signed by Judge David Barlow on 4/9/2025. (srk)
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Filing 10
MOTION for Admission Pro Hac Vice of Meredith M. Pohl , Registration fee $ 50, receipt number AUTDC-5388526,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order re Application for Pro Hac Vice Admission)(Anderson, Devin)
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Filing 9
MOTION for Admission Pro Hac Vice of Matthew S. Owen , Registration fee $ 50, receipt number AUTDC-5388487,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiffs Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Text of Proposed Order re Application for Pro Hac Vice Admission)(Anderson, Devin)
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Filing 8
SUMMONS Returned Executed. Filed by Allergan Sales, Allergan, Abbvie Products, Pharmacyclics, Abbvie, Durata Therapeutics. Summons as to Jon Pike. (Anderson, Devin)
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Filing 7
SUMMONS Returned Executed. Filed by Allergan Sales, Allergan, Abbvie Products, Pharmacyclics, Abbvie, Durata Therapeutics. Summons as to Derek Brown. (Anderson, Devin)
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Filing 6
Summons Issued Electronically as to Jon Pike. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 5
Summons Issued Electronically as to Derek Brown. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 4
NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-3, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at [email protected] or mail at the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiffs Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics. (Notice generated by Clerk's office) Form due by 4/28/2025. (kec)
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Filing 3
NOTICE OF REQUIREMENTS for appearance Pro Hac Vice emailed to attorney Matthew S. Owen and Meredith M. Pohl for Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics (kec)
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Filing 2
COMPLAINT against All Defendants (Filing fee $ 405, receipt number BUTDC-5386440) filed by Allergan Sales, Allergan, Abbvie Products, Pharmacyclics, Abbvie, Durata Therapeutics. (Attachments: #1 Civil Cover Sheet) (Anderson, Devin)
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Filing 1
Case has been indexed. Plaintiffs Abbvie, Abbvie Products, Allergan, Allergan Sales, Durata Therapeutics, Pharmacyclics is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 405.00 by the end of the business day.NOTE: The court will not have jurisdiction and a judge will not be assinged until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to [email protected] for issuance. (sg)
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Judge David Barlow added. Case number will now read 2:25-cv-00271-DBB. Please make changes to document captions accordingly. (kec)
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