United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund v. Pfizer, Inc. et al
| United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund |
| Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc. and G.D. Searle LLC |
| Wisconsin Masons' Health Care Fund and Ironworkers Local 383 Health Care Plan, International Union of Operating Engineers Local 49 Health & Welfare Fund, A.F. of L. - A.G.C. Building Trades Welfare Plan, International Association of Heat and Frost Insulators and Asbestos Workers Local #6 Health and Welfare Fund, International Union of Operating Engineers, Local 138 Welfare Fund, AFSCME Health and Welfare Fund, Central Pennsylvania and Regional Health and Welfare Fund, Barbara Stanley and Allied Services Division Welfare Fund |
| 2:2014cv00395 |
| July 3, 2014 |
| US District Court for the Eastern District of Virginia |
| Arenda L Wright Allen |
| Lawrence R Leonard |
| Anti-Trust |
| 15 U.S.C. § 25 |
| Plaintiff |
Docket Report
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| Filing 121 4CCA USCA Rule 42(b) Mandate re #114 Notice of Appeal. This court's order dismissing this appeal pursuant to Local Rule 42(b) takes effect today.[17-1333] (clou) |
| Filing 120 4CCA ORDER of USCA as to #114 Notice of Appeal filed by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. Upon consideration of the motion to voluntarily dismiss this case pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure, and there appearing no opposition, the court grants the motion. [17-1333] (clou) |
Filing 119
ORDER granting #118 , the Motion to appear Pro Hac Vice by Juliana Ochoa as certified by Local Counsel Stephen Edward Noona for G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., and Pfizer, Inc. Signed by District Judge Arenda L. Wright Allen on 6/27/2017. (Allen, Arenda)
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| Filing 118 Motion to appear Pro Hac Vice by Juliana Ochoa and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-5568588. by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Noona, Stephen) |
| Filing 117 NOTICE by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc. of Change of Address (Noona, Stephen) |
| Filing 116 4CCA USCA Case Number 17-1333 4CCA - Case Manager, Emily Musser for #114 Notice of Appeal filed by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. [17-1333] (cchr) |
| Filing 115 Transmission of Notice of Appeal to US Court of Appeals re #114 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (Attachments: #1 Notice of Appeal)(cchr) |
| Filing 114 NOTICE OF APPEAL re #113 Judgment by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. Filing fee $ 505, receipt number 0422-5424375. (Durrette, Wyatt) |
| Filing 113 CLERK'S JUDGMENT. Signed by Clerk on 2/17/2017. (cchr) |
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Filing 112
ORDER - Before the Court is a Motion to Dismiss (ECF No. #110 ) brought by the "End-Payor" Plaintiffs (EPPs). Defendants Pfizer, Inc., and its subsidiaries consent to this motion. After considering the proposed action and the expressed purpose of the motion to expedite the appeal process, this Court grants the motion in part. The Motion for Dismissal of Claim with Prejudice and for Entry of Final Judgment is GRANTED as follows: for the reasons stated in this Court's Order entered August 26, 2016 (ECF No. #99 ) addressing Defendants' Motion to Dismiss, the EPPs' "sham litigation" claim is DISMISSED WITH PREJUDICE; the EPPs' seventy-eight state law claims, based on the antitrust and consumer protection statutes of twenty-five states and the District of Columbia and the common law of unjust enrichment of forty-eight states and the District of Columbia and Puerto Rico, are DISMISSED WITH PREJUDICE. These dismissals with prejudice are pursuant to the parties' consent reached after issuance of the Court's rulings in its August 26, 2016 Order. All remaining claims presented in the Consolidated Amended Complaint (ECF No. #26 ) are also now DISMISSED WITH PREJUDICE, pursuant to the parties' consent reached after issuance of the Court's rulings in its August 26, 2016 Order. This is intended as a final appealable order. See Fed. R. App. P. 4(a).Copies distributed to all counsel. Signed by District Judge Arenda L. Wright Allen on 2/17/2017. (cchr)
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| Filing 111 Memorandum in Support re #110 MOTION to Dismiss Motion for Dismissal of Claim with Prejudice and for Entry of Final Judgment filed by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Durrette, Wyatt) |
| Filing 110 MOTION to Dismiss Motion for Dismissal of Claim with Prejudice and for Entry of Final Judgment by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Attachments: #1 Exhibit 1 -- Proposed Order)(Durrette, Wyatt) |
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Filing 109
ORDER granting #107 , the Motion to appear Pro Hac Vice by Adam Gahtan as certified by Local Counsel Stephen Edward Noona for G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., and Pfizer, Inc. Signed by District Judge Arenda L. Wright Allen on 10/6/2016. (Allen, Arenda)
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Filing 108
ORDER granting #106 , the Motion to appear Pro Hac Vice by Amit Thakore as certified by Local Counsel Stephen Edward Noona for G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., and Pfizer, Inc. Signed by District Judge Arenda L. Wright Allen on 10/6/2016. (Allen, Arenda)
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ORDER granting #105 , the Motion to appear Pro Hac Vice by John Padro as certified by Local Counsel Stephen Edward Noona for G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., and Pfizer, Inc. Signed by District Judge Arenda L. Wright Allen on 10/6/2016. (Allen, Arenda)
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| Filing 107 Motion to appear Pro Hac Vice by Adam Gahtan and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-5191489. by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Noona, Stephen) |
| Filing 106 Motion to appear Pro Hac Vice by Amit Thakore and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-5191479. by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Noona, Stephen) |
| Filing 105 Motion to appear Pro Hac Vice by John Padro and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-5191466. by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Noona, Stephen) |
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Filing 104
ORDER granting #103 , the Motion to appear Pro Hac Vice by Jayashree Mitra as certified by Local Counsel Stephen Edward Noona for G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., and Pfizer, Inc.. Signed by District Judge Arenda L. Wright Allen on 9/26/2016. (Allen, Arenda)
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| Filing 103 Motion to appear Pro Hac Vice by Jayashree Mitra and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-5160337. by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Noona, Stephen) |
| Filing 102 ANSWER to #1 Complaint, and Consolidated Amended Complaint (ECF No. 26) by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc..(Noona, Stephen) |
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Filing 101
SCHEDULING ORDER: #94 Joint MOTION for Entry granted in part and #100 Joint MOTION Status Report and Revised Scheduling Order granted in part.(see order for specifics) It is ordered that if deemed necessary a Summary Judgment Motion hearing is set 08/18/17 at 10:00 a.m. at the courthouse in Norfolk. Final Pretrial Conference set for 10/20/2017 at 11:00 AM in Norfolk. Jury Trial set for 11/28/2017 at 10:00 AM in Norfolk. Signed by District Judge Arenda L. Wright Allen and filed on 8/30/16.(lhow)
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| Filing 100 Joint MOTION Status Report and Revised Scheduling Order re #94 Joint MOTION for Entry of the Parties' Proposed Pretrial Schedule for Related Matters (Joint Status Report And Motion For Entry Of The Parties Revised Proposed Pretrial Schedule For Related Matters and Memorandum in Support) by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 99
ORDER re #52 MOTION to Dismiss for Failure to State a Claim (Pfizer's Motion to Dismiss End-Payor Plaintiffs Consolidated Amended Complaint). Pfizer's Motion to Dismiss (ECF No. 52) is GRANTED IN PART AND DENIED IN PART as follows; Pfizer-s Motion to Dismiss the EPPs' fraud claim is DENIED. Pfizer's Motion to Dismiss the EPPs' "sham litigation" claim is GRANTED AND DISMISSED WITHOUT PREJUDICE. See also ECF No. 80. The EPPs' seventy-eight state law claims, based on the antitrust and consumer protection statutes of twenty-five states and the District of Columbia and the common law of unjust enrichment of forty-eight states and the District of Columbia and Puerto Rico are DISMISSED WITHOUT PREJUDICE. By separate Order, the Court will issue a litigation schedule largely in accordance with the parties' recent proposals. Copies distributed to all counsel. Signed by District Judge Arenda L. Wright Allen on 8/26/2016. (cchr)
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Filing 98
ORDER - This matter is before the court for reconsideration of the discovery deadlines set forth in the Rule 26(f) Pretrial Orders in related cases 2:14cv361 and 2:14cv395. In case number 2:14cv361, the court previously set September 1, 2016, as the date for the completion of discovery, and in case number 2:14cv365, the court set September 21, 2016, as the date for the completion of discovery. Rule 26(f) Pretrial Order, No. 2:14cv361 (ECF No. 83); Rule 26(f) Pretrial Order, No. 2:14cv395 (ECF No. 78). On August 4, 2016, the court held a telephonic hearing with the parties. At the hearing, counsel proffered that due to the complexity of the litigation, the parties were concerned about meeting the discovery deadlines previously set by the court. The Rule 26(f) Pretrial Orders set preliminary deadlines, and in light of the complexity of the related cases, including the consolidation of multiple member cases, and the parties' cooperation in fixing new deadlines, as reflected in the Joint Motion for Entry of the Parties' Proposed Pretrial Schedule filed in the lead cases. No: 2:14cv361 (ECF No. 88); No. 2:14cv395 ECF No. 94), the court VACATES the deadlines set forth in the parties' Rule 26(f) Pretrial Orders. No. 2:14cv361 (ECF No. 83); No. 2:14cv395 (ECF No. 78). With regard to the parties' request to reset the deadlines, the parties' Joint Motion is before the District Judge, and the court will set a new schedule in due course. Copies distributed to all parties. Signed by Magistrate Judge Douglas E. Miller on 8/4/2016. (cchr)
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| Filing 97 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Telephone Conference held on 8/4/2016. Matter came on for telephone conference to discuss pending deadlines in the 26f order entered on January 19, 2016. Present by telephone were William Monroe on behalf of the plaintiff in 2:14cv361, Wyatt Durette, on behalf of plaintiff in companion case 2;14cv395, and Steve Noona on behalf of the defendant. Court clarifies the concerns of counsel and indicates that the deadlines in the previous 26f orders will be vacated and reset pursuant to the recent pending motions. Court will enter a short order. Telephone conference adjourned. (cdod, ) |
| Filing 96 NOTICE of Appearance by Lauren Tallent Rogers on behalf of G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc. (Rogers, Lauren) |
| Filing 95 NOTICE by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund Notice of Withdrawal of Christian M. Sande (Durrette, Wyatt) |
| Filing 94 Joint MOTION for Entry of the Parties' Proposed Pretrial Schedule for Related Matters by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Attachments: #1 Exhibit 1 - proposed order)(Durrette, Wyatt) |
| Filing 93 NOTICE of Voluntary Dismissal by Barbara Stanley (Durrette, Wyatt) |
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Filing 92
ORDER granting #90 , the Motion to appear Pro Hac Vice by Frank Schirripa as certified by Local Counsel Joshua Devore for International Union of Operating Engineers, Local 138 Welfare Fund, United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. Signed by District Judge Arenda L. Wright Allen on 4/13/2016. (Allen, Arenda)
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| Filing 91 REPLY to Response to Motion re #52 MOTION to Dismiss for Failure to State a Claim (Pfizers Motion to Dismiss End-Payor Plaintiffs Consolidated Amended Complaint) (Pfizer's Supplemental Reply Memorandum in Support of Motion to Dismiss End-Payor Plaintiffs' Consolidated Amended Complaint) filed by Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Noona, Stephen) |
| Filing 90 Motion to appear Pro Hac Vice by Frank Schirripa and Certification of Local Counsel Joshua Devore by International Union of Operating Engineers, Local 138 Welfare Fund, United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Devore, Joshua) |
| Electronic Fee Payment - Pro Hac Vice as to #90 Motion to appear Pro Hac Vice by Frank Schirripa and Certification of Local Counsel Joshua Devore by International Union of Operating Engineers, Local 138 Welfare Fund, United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. Filing fee $ 75, receipt number 0422-4934866.. (Devore, Joshua) |
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Filing 89
DISCOVERY CONFIDENTIALITY ORDER re #87 . Copies distributed to all parties. Signed by Magistrate Judge Lawrence R. Leonard on 4/6/2016. (cchr)
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Filing 88
ORDER - Agreement Establishing Protocol For Discovery Of Electronically Stored Information ("ESI") re #87 motion. Copies distributed to all parties. Signed by Magistrate Judge Lawrence R. Leonard on 4/6/2016. (cchr)
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| Filing 87 Joint MOTION and Memorandum in Support of Joint Motion for Entry of Agreed Upon Proposed Orders filed by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Attachments: #1 Exhibit 1 - Proposed Discovery Confidentiality Order, #2 Exhibit 2 - Proposed Agreement re ESI Protocol)(Durrette, Wyatt) Modified text on 4/6/2016 (cchr). |
| Filing 86 Memorandum in Opposition re #52 MOTION to Dismiss for Failure to State a Claim (Pfizers Motion to Dismiss End-Payor Plaintiffs Consolidated Amended Complaint) Supplemental Memorandum in Opposition filed by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Durrette, Wyatt) |
| Filing 85 NOTICE of Voluntary Dismissal by Central Pennsylvania and Regional Health and Welfare Fund (Durrette, Wyatt) |
| Reset Scheduling Conference for 4/5/2016 at 10:15 AM in Norfolk Conference Room 332, third floor. (lhow) |
| Filing 84 Memorandum in Support re #52 MOTION to Dismiss for Failure to State a Claim (Pfizers Motion to Dismiss End-Payor Plaintiffs Consolidated Amended Complaint) (Pfizers Supplemental Memorandum in Support of Motion to Dismiss End-Payor Plaintiffs Consolidated Amended Complaint Per Court Order ECF No. 80) filed by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Attachments: #1 Appendix 1, #2 Appendix 2)(Noona, Stephen) |
| Filing 83 CERTIFICATE of Service re #82 Response by Wyatt B. Durrette, Jr on behalf of United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund (Durrette, Wyatt) |
| Filing 82 Response to Defendants' Supplemental Authority (ECF No. 66) filed by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Durrette, Wyatt) |
| Filing 81 Response to #76 NOTICE, #56 Memorandum in Opposition, (Pfizer's Response to End-Payor Plaintiffs' Supplemental Authority Relating to ECF No. 56) filed by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Noona, Stephen) |
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Filing 80
ORDER - Pfizer's Motion to Dismiss (ECF No. 52) is GRANTED IN PART AND DENIED IN PART as follows: Pfizer's Motion to Dismiss the EPPs' fraud claim is DENIED; Pfizer's Motion to Dismiss the EPPs' "sham litigation" claim is GRANTED and DISMISSED WITHOUT PREJUDICE. A ruling on the portion of Pfizer's Motion seeking to dismiss the seventy-eight state claims brought by the End-Payor Plaintiffs ("EPPs") is deferred at this time. The parties are ORDERED to file supplemental briefing to address the questions presented in accordance with the scheduled provided herein. The EPPs' Motion for Leave to File Response to Defendants' Supplemental Authority Relating to ECF No. 53 (ECF No. 69) is GRANTED. End-Payor Plaintiffs are directed to file their Response, a copy of which is already attached to the Motion as Exhibit 1, within seven business days of the filing of this Order. Pfizer's Motion for Leave to File Response to End-Payor Plaintiffs' Supplemental Authority Relating to ECF No. 56 (ECF No. 77) is GRANTED. Pfizer is directed to file its Response, a copy of which is already attached to the Motion as Exhibit 1, within seven business days of the filing of this Order. IT IS SO ORDERED. Signed by District Judge Arenda L. Wright Allen on 2/11/2016. (cchr)
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Filing 79
ORDER - The parties' Joint Stipulation Joining Plaintiff Allied Services Division Welfare Fund (ECF No. 55) is GRANTED. The Court acknowledges and adopts all facts and assertions contained in the parties' joint stipulation. The Consolidated Amended Complaint. No. 2:14cv395. ECF- No. 26. shall supersede and replace ASD's prior Complaint, No. 2:15cv29, ECF No. 1. IT IS SO ORDERED. Signed by District Judge Arenda L. Wright Allen on 2/8/2016. Copies distributed to counsel. (cchr)
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Filing 78
RULE 26(f) PRETRIAL ORDER: Rule 16(b) Scheduling Conference set for 2/19/2016 at 10:00 AM in Norfolk Conference Room 332, third floor. Signed by Magistrate Judge Lawrence R. Leonard on 2/5/16 and filed on 2/8/16. (lhow)
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| Filing 77 MOTION for Leave to File and Memorandum in Support of Motion for Leave to File Response to End-Payor Plaintiffs' Supplemental Authority Relating to ECF No. 56 by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Noona, Stephen) |
| Filing 76 NOTICE by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund re #56 Memorandum in Opposition, Filing of Supplemental Authority (Attachments: #1 Letter, #2 Exhibit A to Letter)(Durrette, Wyatt) |
| Filing 75 Response to #67 NOTICE, #74 Order on Motion for Leave to File, (Pfizers Response to End-Payor Plaintiffs Supplemental Authority Relating to Ecf No. 56) filed by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Noona, Stephen) |
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Filing 74
ORDER granting #71 Motion for Leave to File. Pfizer is directed to file its Response, a copy of which was attached to its motion as Exhibit 1, within 5 calendar days of the filing of this Order. Signed by District Judge Arenda L. Wright Allen on 7/9/2015 and filed on 7/10/2015. (rsim, )
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Filing 73
ORDER granting #72 Motion to Withdraw as Attorney. Mark E.Warmbier is hereby withdrawn as counsel for Pfizer. The Clerk is directed to remove his name from ECF notifications for this matter. Attorney Mark Edward Warmbier terminated.. Signed by Magistrate Judge Lawrence R. Leonard and filed on 7/6/2015. (rsim, )
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| MOTION REFERRED to Magistrate Judge Lawrence R. Leonard. #72 Consent MOTION to Withdraw as Attorney and Memorandum in Support of Consent Motion to Withdraw Appearance of Counsel (rsim, ) |
| Filing 72 Consent MOTION to Withdraw as Attorney and Memorandum in Support of Consent Motion to Withdraw Appearance of Counsel by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 71 MOTION for Leave to File and Memorandum in Support of Motion for Leave to File Response to End-Payor Plaintiffs' Supplemental Authority Relating to ECF No. 56 by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Noona, Stephen) |
| Filing 70 Pfizer's Response to End-Payor Plaintiff's Supplemental Authority Relating to #56 Memorandum in Opposition re 52 MOTION to Dismiss for Failure to State a Claim (Pfizers Motion to Dismiss End-Payor Plaintiffs Consolidated Amended Complaint) filed by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc. (rsim, ) |
| Filing 69 MOTION for Leave to File Response to Defendants' Supplemental Authority (ECF No. 66) by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Attachments: #1 Exhibit 1-Response, #2 Exhibit 2-Proposed Order)(Durrette, Wyatt) |
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Filing 68
ORDER granting #64 , Defendant Pfizer's Motion for Leave to File as follows: Defendant's "Response to End-Payor Plaintiffs' Supplemental Authority Relating to ECF No. 56" (ECF 64-1) is accepted and the Clerk of the Court is requested to docket that document as filed. Signed by District Judge Arenda L. Wright Allen on 6/3/2015. (Allen, Arenda)
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| Filing 67 NOTICE by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund re #56 Memorandum in Opposition, Filing of Supplemental Authority (Attachments: #1 Letter, #2 Exhibit A to Letter)(Durrette, Wyatt) |
| Filing 66 NOTICE by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc. re #53 Memorandum in Support, (Notice of Filing of Supplemental Authority Relating to ECF No. 53) (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 65 NOTICE by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc. re #53 Memorandum in Support, (Notice of Filing of Supplemental Authority Relating to ECF No. 53) (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 64 MOTION for Leave to File (Motion and Memorandum in Support of Motion for Leave to File Response to End-Payor Plaintiffs' Supplemental Authority Relating to ECF No. 56) by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Noona, Stephen) |
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Filing 63
ORDER granting #61 , a Motion to appear Pro Hac Vice by Sheryn George as certified by Local Counsel Stephen Edward Noona for G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., and Pfizer, Inc. Signed by District Judge Arenda L. Wright Allen on 5/13/2015. (Allen, Arenda)
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| Filing 62 NOTICE by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund re #56 Memorandum in Opposition, (Attachments: #1 Letter, #2 Exhibit A to Letter)(Durrette, Wyatt) |
| Filing 61 Motion to appear Pro Hac Vice by Sheryn George and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-4437006. by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Noona, Stephen) |
| Filing 60 Reply to #52 MOTION to Dismiss for Failure to State a Claim (Pfizers Motion to Dismiss End-Payor Plaintiffs Consolidated Amended Complaint) (Pfizer's Reply Memorandum in Further Support of Motion to Dismiss End-Payor Plaintiffs' Consolidated Amended Complaint) filed by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Attachments: #1 Appendix 1, #2 Appendix 2)(Noona, Stephen) |
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Filing 59
CASE MANAGEMENT ORDER NO. 1 re #37 Motion to Appoint Counsel (See Order for specifics.) Signed by District Judge Arenda L. Wright Allen and filed on 4/13/2015. (rsim, )
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| Filing 58 NOTICE of Appearance by Peter Andrew Miller on behalf of Allied Services Division Welfare Fund (Miller, Peter) |
| Filing 57 NOTICE by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund re #37 MOTION to Appoint Counsel to Appoint Interim Co-Lead Class Counsel, #38 Memorandum in Support, (Attachments: #1 Proposed Order)(Durrette, Wyatt) |
| Filing 56 Memorandum in Opposition re #52 MOTION to Dismiss for Failure to State a Claim (Pfizers Motion to Dismiss End-Payor Plaintiffs Consolidated Amended Complaint) filed by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Durrette, Wyatt) |
| Notice of Correction re #55 Stipulation: The filing user is notified that they have filed an order. This document should have been attached to another pleading with the Proposed order attached. Please do not file orders in the future. (rsim, ) |
| Filing 55 STIPULATION Proposed Joint Stipulation Joining Plaintiff Allied Services Division Welfare Fund by Allied Services Division Welfare Fund. (Durrette, Wyatt) |
| Filing 54 Request for Hearing by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc. re #52 MOTION to Dismiss for Failure to State a Claim (Pfizers Motion to Dismiss End-Payor Plaintiffs Consolidated Amended Complaint) (Noona, Stephen) |
| Filing 53 Memorandum in Support re #52 MOTION to Dismiss for Failure to State a Claim (Pfizers Motion to Dismiss End-Payor Plaintiffs Consolidated Amended Complaint) filed by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Attachments: #1 Appendix 1, #2 Appendix 2, #3 Appendix 3, #4 Appendix 4, #5 Appendix 5, #6 Appendix 6)(Noona, Stephen) |
| Filing 52 MOTION to Dismiss for Failure to State a Claim (Pfizers Motion to Dismiss End-Payor Plaintiffs Consolidated Amended Complaint) by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
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Filing 51
ORDER granting #45 , the Motion to appear Pro Hac Vice by Sharon Robertson as certified by Local Counsel Josh Devore for International Union of Operating Engineers, Local 138 Welfare Fund. Signed by District Judge Arenda L. Wright Allen on 2/24/2015. (Allen, Arenda)
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Filing 50
ORDER granting #47 , the Motion to appear Pro Hac Vice by Natalie Finkelman Bennett as certified by Local Counsel Wyatt B. Durrette, Jr., for Central Pennsylvania and Regional Health and Welfare Fund. Signed by District Judge Arenda L. Wright Allen on 2/24/2015. (Allen, Arenda)
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| Filing 49 NOTICE by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc. (Joint Notice of Motion for Reassignment and Consolidation) (Noona, Stephen) |
| Filing 48 WAIVER OF SERVICE Returned Executed as to G.D. Searle LLC waiver sent on 2/3/201; Pfizer Asia Pacific Pte. Ltd. waiver sent on 2/3/2015; Pfizer, Inc. waiver sent on 2/3/2015. (rsim, ) |
| Filing 47 Motion to appear Pro Hac Vice by Natalie Finkelman Bennett and Certification of Local Counsel Wyatt B. Durrette, Jr. Filing fee $ 75, receipt number 0422-4313166. by Central Pennsylvania and Regional Health and Welfare Fund. (Durrette, Wyatt) |
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Filing 46
ORDER granting #30 , the Motion to appear Pro Hac Vice by Ryan Johnson as certified by Local Counsel Jaime Manuel Crowe for G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., and Pfizer, Inc. Signed by District Judge Arenda L. Wright Allen on 2/9/2015. (Allen, Arenda)
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| Filing 45 Motion to appear Pro Hac Vice by Sharon Robertson and Certification of Local Counsel Josh Devore Filing fee $ 75, receipt number 0422-4302946. by International Union of Operating Engineers, Local 138 Welfare Fund. (Devore, Joshua) |
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Filing 44
ORDER granting #33 , the Motion to appear Pro Hac Vice by Dimitrios Drivas as certified by Local Counsel Jaime Manuel Crowe for G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., and Pfizer, Inc. Signed by District Judge Arenda L. Wright Allen on 2/3/2015. (Allen, Arenda)
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Filing 43
ORDER granting #32 , the Motion to appear Pro Hac Vice by Raj Gandesha as certified by Local Counsel Jaime Manuel Crowe for G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., and Pfizer, Inc. Signed by District Judge Arenda L. Wright Allen on 2/3/2015. (Allen, Arenda)
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Filing 42
ORDER granting #31 Motion to appear Pro Hac Vice by Bryan Gant as certified by Local Counsel Jaime Manuel Crowe for G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., and Pfizer, Inc. Signed by District Judge Arenda L. Wright Allen on 2/3/2015. (Allen, Arenda)
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Filing 41
ORDER granting #29 , the Motion to appear Pro Hac Vice by Robert Milne as certified by Local Counsel Jaime Manuel Crowe for G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., and Pfizer, Inc. Signed by District Judge Arenda L. Wright Allen on 2/3/2015. (Allen, Arenda)
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Filing 40
ORDER granting #28 , the Motion to appear Pro Hac Vice by Brendan Woodard as certified by Local Counsel Jaime Manuel Crowe for G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., and Pfizer, Inc. Signed by District Judge Arenda L. Wright Allen on 2/3/2015. (Allen, Arenda)
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Filing 39
ORDER granting #34 Motion to Consolidate Cases. International Union of Operating Engineers Local 138 Welfare Fund v. Pfizer, Inc., el at. Civil Action No. 2:14-cv-00587 is consolidated with the Lead End-Payor Case, Civil Action No. 2:14-cv-00395 for all purposes, including trial. Signed by District Judge Arenda L. Wright Allen on 2/2/15. (afar)
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| Filing 38 Memorandum in Support re #37 MOTION to Appoint Counsel to Appoint Interim Co-Lead Class Counsel filed by AFSCME Health and Welfare Fund, International Union of Operating Engineers Local 49 Health & Welfare Fund, United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Attachments: #1 Exhibit A, #2 Exhibit B)(Durrette, Wyatt) |
| Filing 37 MOTION to Appoint Counsel to Appoint Interim Co-Lead Class Counsel by AFSCME Health and Welfare Fund, International Union of Operating Engineers Local 49 Health & Welfare Fund, United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Durrette, Wyatt) |
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Filing 36
ORDER that all provisions of the December 23, 2014 Order (ECF No. 22) shall remain valid and in force except for the following specific amendments. (See Order for Specifics). Signed by District Judge Arenda L. Wright Allen and filed on 1/30/2015. (rsim, )
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| Filing 35 Memorandum in Support re #34 Joint MOTION to Consolidate Cases filed by International Union of Operating Engineers, Local 138 Welfare Fund. (Devore, Joshua) |
| Filing 34 Joint MOTION to Consolidate Cases by International Union of Operating Engineers, Local 138 Welfare Fund. (Attachments: #1 Exhibit Proposed Order)(Devore, Joshua) |
| Filing 33 Motion to appear Pro Hac Vice by Dimitrios Drivas and Certification of Local Counsel Jaime Manuel Crowe Filing fee $ 75, receipt number 0422-4285911. by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Crowe, Jaime) |
| Filing 32 Motion to appear Pro Hac Vice by Raj Gandesha and Certification of Local Counsel Jaime Manuel Crowe Filing fee $ 75, receipt number 0422-4285900. by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Crowe, Jaime) |
| Filing 31 Motion to appear Pro Hac Vice by Bryan Gant and Certification of Local Counsel Jaime Manuel Crowe Filing fee $ 75, receipt number 0422-4285890. by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Crowe, Jaime) |
| Filing 30 Motion to appear Pro Hac Vice by Ryan Johnson and Certification of Local Counsel Jaime Manuel Crowe Filing fee $ 75, receipt number 0422-4285882. by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Crowe, Jaime) |
| Filing 29 Motion to appear Pro Hac Vice by Robert Milne and Certification of Local Counsel Jaime Manuel Crowe Filing fee $ 75, receipt number 0422-4285866. by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Crowe, Jaime) |
| Filing 28 Motion to appear Pro Hac Vice by Brendan Woodard and Certification of Local Counsel Jaime Manuel Crowe Filing fee $ 75, receipt number 0422-4285837. by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Crowe, Jaime) |
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Filing 27
ORDER in case 2:14-cv-00361-AWA-DEM; granting (24), the unopposed Motion in case 2:14-cv-00395-AWA-LRL, as follows: 1. End-Payor Plaintiffs shall file a consolidated, Amended Complaint by January 14, 2015; and 2. Defendants agree to accept service of the consolidated Amended Complaint and are granted until March 2, 2015 to answer, plead, move to dismiss, or otherwise respond to the Amended Complaint; Defendants are permitted to file one comprehensive motion to dismiss addressing all grounds for dismissal; the memorandum in support shall not exceed 55 pages; 3. End-Payor Plaintiffs shall file a comprehensive opposition brief to a motion to dismiss filed by Defendants no later than March 30, 2015; the brief in opposition shall not exceed 45 pages; 4. Defendants shall file a reply brief in support of a motion to dismiss not exceeding 35 pages on or before April 20, 2015. Signed by District Judge Arenda L. Wright Allen on 1/16/2015. Associated Cases: 2:14-cv-00395-AWA-LRL, 2:14-cv-00361-AWA-DEM, 2:14-cv-00369-AWA-LRL, 2:14-cv-00394-AWA-DEM, 2:14-cv-00418-AWA-LRL, 2:14-cv-00442-AWA-TEM, 2:14-cv-00452-AWA-LRL, 2:14-cv-00462-AWA-TEM, 2:14-cv-00464-AWA-LRL(Allen, Arenda)
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| Filing 26 AMENDED COMPLAINT (Consolidated Amended Complaint) against All Defendants, filed by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund, Wisconsin Masons' Health Care Fund and Ironworkers Local 383 Health Care Plan, AFSCME Health and Welfare Fund, International Union of Operating Engineers Local 49 Health & Welfare Fund, Barbara Stanley, A.F. of L. - A.G.C. Building Trades Welfare Plan; International Association of Heat and Frost Insulators and Asbestos Workers Local #6 Health and Welfare Fund; and Central Pennsylvania and Regional Health and Welfare Fund .(Durrette, Wyatt) |
| Filing 25 Memorandum in Support re #24 Joint MOTION Set Deadline for Filing of Consolidated Amended Complaint, Extend Time to Respond, and Set Briefing Schedule for Motion to Dismiss filed by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Noona, Stephen) |
| Filing 24 Joint MOTION Set Deadline for Filing of Consolidated Amended Complaint, Extend Time to Respond, and Set Briefing Schedule for Motion to Dismiss by G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc.. (Attachments: #1 Exhibit 1)(Noona, Stephen) |
| Filing 23 NOTICE of Appearance by Stephen Edward Noona on behalf of G.D. Searle LLC, Pfizer Asia Pacific Pte. Ltd., Pfizer, Inc. (Noona, Stephen) |
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Filing 22
ORDER granting #18 & #20 Motion to Consolidate Cases. Signed by District Judge Arenda L. Wright Allen on 12/23/14. (afar)
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| Filing 21 Memorandum in Support re #20 Supplemental MOTION to Consolidate Cases (Supplemental & Joint) filed by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Durrette, Wyatt) |
| Filing 20 Supplemental MOTION to Consolidate Cases (Supplemental & Joint) by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Attachments: #1 Exhibit 1-Proposed Order)(Durrette, Wyatt) |
| Filing 19 Memorandum in Support re #18 Joint MOTION to Consolidate Cases filed by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Durrette, Wyatt) |
| Filing 18 Joint MOTION to Consolidate Cases by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Attachments: #1 Exhibit Proposed Order)(Durrette, Wyatt) |
| Filing 17 Financial Interest Disclosure Statement (Local Rule 7.1) by Pfizer Asia Pacific Pte. Ltd.. (Crowe, Jaime) |
| Filing 16 Financial Interest Disclosure Statement (Local Rule 7.1) by G.D. Searle LLC. (Crowe, Jaime) |
| Filing 15 Financial Interest Disclosure Statement (Local Rule 7.1) by Pfizer, Inc.. (Crowe, Jaime) |
| Filing 14 NOTICE of Appearance by Jaime Manuel Crowe on behalf of G.D. Searle LLC, Pfizer, Inc., Pfizer Asia Pacific Pte. Ltd. (Crowe, Jaime) |
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Filing 13
ORDER granting #10 the Motion to appear Pro Hac Vice by Kenneth Wexler as certified by Local Counsel Wyatt B. Durrette, Jr. for Plaintiff United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. Signed by District Judge Arenda L. Wright Allen on 8/28/2014. (Allen, Arenda)
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Filing 12
ORDER granting #9 , the Motion to appear Pro Hac Vice by Justin Boley as certified by Local Counsel Wyatt B. Durrette, Jr. for Plaintiff United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. Signed by District Judge Arenda L. Wright Allen on 8/28/2014. (Allen, Arenda)
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Filing 11
ORDER granting #8 , the Motion to appear Pro Hac Vice by Kara Elgersma as certified by Local Counsel Wyatt B. Durrette, Jr. for Plaintiff United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. Signed by District Judge Arenda L. Wright Allen on 8/28/2014. (Allen, Arenda)
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| Filing 10 Motion to appear Pro Hac Vice by Kenneth Wexler and Certification of Local Counsel Wyatt B. Durrette, Jr. Filing fee $ 75, receipt number 0422-4088542. by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Durrette, Wyatt) |
| Filing 9 Motion to appear Pro Hac Vice by Justin Boley and Certification of Local Counsel Wyatt B. Durrette, Jr. Filing fee $ 75, receipt number 0422-4088534. by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Durrette, Wyatt) |
| Filing 8 Motion to appear Pro Hac Vice by Kara Elgersma and Certification of Local Counsel Wyatt B. Durrette, Jr. Filing fee $ 75, receipt number 0422-4088526. by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Durrette, Wyatt) |
| Filing 7 NOTICE by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund Notice of Motion Filed in Related Case (Durrette, Wyatt) |
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Filing 6
ORDER granting #4 Motion to Transfer Case. It is ORDERED that the Clerk shall transfer this action to the Norfolk Division. This Court declines to entertain the request that the plaintiff raises in its MEMORANDUM OF LAW IN SUPPORT OF MOTION TO TRANSFER PURSUANT TO 28 U.S.C. 1404(a) (Docket No. #5 ) tocoordinate this action with American Sales Company, LLC v. Phfizer, Inc., et al., Civil Action No. 2:14cv361. Counsel is advised that any motion for coordination may be filed once the action has been transferred. The Clerk is directed to send a copy of this Order to the Honorable Arenda L. Wright Allen. It is so ORDERED. Signed by District Judge Robert E. Payne on 8/1/14. Copy sent: Yes as directed (tdai, )
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| Case transferred in from Richmond Division Division. Case Number 3:14cv481. (afar) |
| Filing 5 Memorandum in Support re #4 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) filed by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Durrette, Wyatt) |
| Filing 4 MOTION to Transfer Case Pursuant to 28 U.S.C. 1404(a) by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Durrette, Wyatt) |
| Filing 3 Financial Interest Disclosure Statement (Local Rule 7.1) by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Durrette, Wyatt) |
| Filing 2 REQUEST FOR WAIVER of Service by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (kyou, ) |
| Filing 1 COMPLAINT against G.D. Searle LLC, Pfizer, Inc. ( Filing fee $ 400, receipt number 34683025797.), filed by United Food and Commercial Workers Unions and Employers Midwest Health Benefits Fund. (Attachments: #1 Civil Cover Sheet, #2 Receipt)(kyou, ) |
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