In Re: Zetia (Ezetimibe) Antitrust Litigation
Plaintiff: FWK Holdings, LLC, HEB Grocery Company L.P., All End Payer Plaintiffs, Painters District Council No. 30 Health and Welfare Fund, on behalf of itself and all others similarly situated, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated, The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, Walgreen Co., Law Enforcement Health Benefits Inc., Sergeants Benevolent Association Health & Welfare Fund, on behalf of itself and all others similarly situated, UFCW Local 1500 Welfare Fund, on behalf of itself and all others similarly situated, Turlock Irrigation District, individually and on behalf of all those similarly situated, Wisconsin Masons' Health Care Fund, on behalf of itself and all others similarly situated, Albertsons Companies, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, International Union of Operating Engineers Local 49 Health and Welfare Fund on behalf of itself and all others similarly situated, The Uniformed Firefighters' Association of Greater New York Security Benefit Fund, Philadelphia Federation of Teachers Health and Welfare Fund, Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund on behalf of itself and all others similarly situated, The Kroger Co., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., CVS Pharmacy, Inc., Self Insured Schools of California on behalf of itself and all others similarly situated, ST. PAUL ELECTRICAL WORKERS' HEALTH PLAN, individually and on behalf of all those similarly situated, United Healthcare Services, Inc., Kaiser Foundation Health Plan, Inc., Humana Inc, CENTENE CORPORATION, WELLCARE HEALTH PLANS. INC., NEW YORK QUALITY HEALTHCARE CORPORATION doing business as FIDELIS CARE and HEALTH NET, LLC
Defendant: Merck Sharp & Dohme Corp., Glenmark Pharmaceuticals, Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Schering-Plough Corp., Glenmark Generics Inc., USA, Schering Corp., Par Pharmaceutical, Inc., Merck & Company Inc., Glenmark Pharmaceuticals Inc., USA, Shering-Plough Corporation, Schering Corporation, MSP Singapore Company LLC, Glenmark Pharmaceuticals Ltd., Merck Sharp & Dohme Corporation and Schering-Plough Corporation
In Re: In Re: Zetia (Ezetimibe) Antitrust Litigation
Interested Party: Zydus Pharmaceuticals (USA) Inc., Apotex USA, Inc. and Apotex Corp. and WILSON SONSINI GOODRICH & ROSATI, P.C.
Intervenor Plaintiff: KPH Healthcare Services, Inc., McKesson Corporation, AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, H.D. Smith, LLC, Smith Medical Partners, LLC, Valley Wholesale Drug Company, LLC, Cardinal Health, Inc., The Harvard Drug Group, L.L.C., Cardinal Health P.R. 120, Inc., Meijer, Inc., Meijer Distribution, Inc., Supervalu, Inc., Wegmans Food Markets, Inc., Kinney Drugs, Inc. and MLI RX, LLC
Consolidated Plaintiff: Giant Eagle, Inc., Burlington Drug Company, Inc., Dakota Drug, Inc., J M Smith Corporation, Louisiana Wholesale Drug Co., Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc. and Value Drug Company
Case Number: 2:2018md02836
Filed: June 15, 2018
Court: US District Court for the Eastern District of Virginia
Office: Norfolk Office
County: Norfolk City
Presiding Judge: Douglas E Miller
Referring Judge: Rebecca Beach Smith
Nature of Suit: Anti-Trust
Cause of Action: 15 U.S.C. ยง 1 Antitrust Litigation
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 5, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 5, 2022 Filing 1662 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel, #1614 Reply to Response to Motion, #1567 Memorandum in Support Notice of Filing of Supplemental Authority (Attachments: #1 Exhibit Set-Aside Order Entered August 3, 2022)(Monroe, William)
August 5, 2022 Filing 1661 Reply to #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel SUR-REPLY IN OPPOSITION TO MOTION FOR SET-ASIDE ORDER filed by United Healthcare Services, Inc.. (Attachments: #1 Affidavit of Judith Zahid)(Neuhardt, Amy)
August 5, 2022 Filing 1660 Declaration re #1659 Reply, Declaration of Diane Shrewsbury in Support of Surreply to End-Payor and Direct Purchaser Counsel's Motion for a Set Aside Order by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Spain, Brett)
August 5, 2022 Filing 1659 Reply to #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel Surreply to End-Payor and Direct Purchaser Counsel's Motion for a Set Aside Order filed by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
August 4, 2022 Filing 1658 Memorandum in Support re #1655 MOTION Set Trial Schedule [Corrected] filed by All End Payer Plaintiffs. (Cales, James)
August 4, 2022 Filing 1657 NOTICE by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. Notice Regarding Decided Issues and Pending Motions filed on behalf of the Newly Filed Plaintiffs (Monroe, William)
August 4, 2022 Filing 1656 Memorandum in Support re #1655 MOTION Set Trial Schedule filed by All End Payer Plaintiffs. (Cales, James)
August 4, 2022 Filing 1655 MOTION Set Trial Schedule by All End Payer Plaintiffs. (Cales, James)
August 4, 2022 Filing 1654 AMENDED COMPLAINT Second Amended Complaint against Glenmark Pharmaceuticals Ltd., Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp., filed by Humana Inc.(Spain, Brett)
August 4, 2022 Filing 1653 Joint MOTION For Entry of Agreed Order on Discovery Briefing on behalf of the Direct Purchaser Plaintiffs and the Defendants by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William)
August 4, 2022 Filing 1652 NOTICE by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. re #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel Withdrawal of the Set-Aside Motion as to Giant Eagle, Inc. Only (Monroe, William)
August 4, 2022 Filing 1651 NOTICE by Burlington Drug Company, Inc., Dakota Drug, Inc., J M Smith Corporation, Louisiana Wholesale Drug Co., Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Value Drug Company re #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel (Sawyer, John)
August 4, 2022 Opinion or Order Filing 1650 ORDER ENTERED AS MODIFIED BY THE COURT granting Humana Inc.'s #1577 Motion for Leave to File Second Amended Complaint. The Court DIRECTS Humana to file its Proposed Second Amended Complaint, which was previously filed as an exhibit to the Declaration in support of Humana's Motion for Leave to File Second Amended Complaint. Signed by Magistrate Judge Douglas E. Miller on 8/4/2022. (tamarm, )
August 4, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1653 Joint MOTION For Entry of Agreed Order on Discovery Briefing on behalf of the Direct Purchaser Plaintiffs and the Defendants (tamarm, )
August 4, 2022 NEFs regenerated for ECF #1634 through ECF #1635 . PHV counsel from member cases 2:22cv268 and 2:cv269 had not received NEFs since consolidation of cases. Counsel has been added to receive future NEFs. (tamarm, )
August 3, 2022 Opinion or Order Filing 1649 MEMORANDUM OPINION AND ORDER denying #1048 Motion to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler. Signed by Magistrate Judge Douglas E. Miller on 8/3/2022. (tamarm, )
August 3, 2022 Opinion or Order Filing 1648 MEMORANDUM OPINION AND ORDER denying #1042 Motion to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec. Signed by Magistrate Judge Douglas E. Miller on 8/3/2022. (tamarm, )
August 3, 2022 Filing 1646 Memorandum in Support re #1643 MOTION to Seal Portions of the Direct Purchaser Plaintiff's Second Amended Consolidated Complaint and Demand for Jury Trial filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
August 3, 2022 Filing 1645 Unredacted Doument re #1643 MOTION to Seal Portions of the Direct Purchaser Plaintiff's Second Amended Consolidated Complaint and Demand for Jury Trial by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
August 3, 2022 Filing 1644 Notice of Filing Sealing Motion LCvR5(C) by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. re #1643 MOTION to Seal Portions of the Direct Purchaser Plaintiff's Second Amended Consolidated Complaint and Demand for Jury Trial (Monroe, William)
August 3, 2022 Filing 1643 MOTION to Seal Portions of the Direct Purchaser Plaintiff's Second Amended Consolidated Complaint and Demand for Jury Trial by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William)
August 3, 2022 Filing 1642 AMENDED COMPLAINT Direct Purchaser Plaintiffs' Second Amended Complaint and Demand for Jury Trial against Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp., filed by Meijer, Inc., AmerisourceBergen Corporation, Cardinal Health, Inc., KPH Healthcare Services, Inc., MLI RX, LLC, Wegmans Food Markets, Inc., Valley Wholesale Drug Company, LLC, AmerisourceBergen Drug Corporation, H.D. Smith, LLC, The Harvard Drug Group, L.L.C., Meijer Distribution, Inc., Cardinal Health P.R. 120, Inc., Smith Medical Partners, LLC, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, McKesson Corporation, SUPERVALU, Inc..(Monroe, William)
July 29, 2022 Opinion or Order Filing 1641 ORDER granting #1634 Motion to Withdraw as Attorney. Attorney Jason Z Pesick terminated. Signed by District Judge Rebecca Beach Smith on 7/29/22. (bpet, )
July 29, 2022 Filing 1640 NOTICE by Kaiser Foundation Health Plan, Inc. (Notice Indicating Intention to Be Remanded for Trial) (Spain, Brett)
July 29, 2022 Filing 1639 NOTICE by Humana Inc (Notice Indicating Intention to be Remanded) (Spain, Brett)
July 29, 2022 Filing 1638 NOTICE by CENTENE CORPORATION, HEALTH NET, LLC, NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC. (Notice Indicating Intention to Be Remanded) (Spain, Brett)
July 29, 2022 Filing 1637 Declaration re #1497 Order on Motion for Miscellaneous Relief,, of Eric J. Miller Regarding Mailing of the Postcard Notice, Publication of Summary Notice and Report on Requests for Exclusion by All End Payer Plaintiffs. (Cales, James)
July 29, 2022 Filing 1636 NOTICE by United Healthcare Services, Inc. regarding intention of remand. (Neuhardt, Amy) Modified text on 8/2/2022 (tamarm, ).
July 28, 2022 Filing 1635 Memorandum in Support re #1634 MOTION to Withdraw as Attorney Jason Z. Pesick filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
July 28, 2022 Filing 1634 MOTION to Withdraw as Attorney Jason Z. Pesick by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
July 27, 2022 Filing 1633 TRANSCRIPT of proceedings held on 7-21-2022, before Judge Douglas E. Miller, Court Reporter/Transcriber Kerry E. Zahn, Telephone number 757-627-6554. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. 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 Redaction Request due 8/26/2022. Redacted Transcript Deadline set for 9/26/2022. Release of Transcript Restriction set for 10/25/2022.(stewart, jody)
July 27, 2022 MOTIONS REFERRED to Magistrate Judge Miller #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel (tamarm, )
July 27, 2022 Notice of Correction re #1625 NOTICE of Change of Firm and Attorney Address. Attorneys are responsible for updating their PACER account information. Please navigate to www.pacer.gov and log in to "Manage My Account" to update your address information. (tamarm, )
July 25, 2022 Opinion or Order Filing 1632 ORDER ADDRESSING CONSOLIDATION AND COORDINATION. Motion granted in 2:22cv269 to consolidate, for all purposes, with the MDL case, and reassign to the Honorable Rebecca Beach Smith, the MDL transferee judge. It is further ORDERED that all future filings in this matter bear the following caption: In Re: Zetia (Ezetimibe) Antitrust Litigation; Case No.: 2:18-md-2836-RBS-DEM. It is further ORDERED that the action shall be coordinated with the direct purchaser actions, the end payor class action, and the retainer actions pending in the MDL. Signed by District Judge Arenda L. Wright Allen on 7/25/2022. (tamarm, )
July 25, 2022 Opinion or Order Filing 1631 ORDER ADDRESSING CONSOLIDATION AND COORDINATION. Motion granted in 2:22cv268 to consolidate, for all purposes, with the MDL case, and reassign to the Honorable Rebecca Beach Smith, the MDL transferee judge. It is further ORDERED that all future filings in this matter bear the following caption: In Re: Zetia (Ezetimibe) Antitrust Litigation; Case No.: 2:18-md-2836-RBS-DEM. It is further ORDERED that the action shall be coordinated with the direct purchaser actions, the end payor class action, and the retainer actions pending in the MDL. Signed by District Judge Roderick C. Young on 7/25/2022. (tamarm, )
July 25, 2022 Set Hearings: Final Pretrial Conference set for 3/22/2023 at 10:00 AM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (cdod, )
July 22, 2022 Opinion or Order Filing 1630 ORDER granting #1581 Motion to join the joinder plaintiffs; granting #1581 Motion to Amend the Complaint; granting #1581 Motion modify the scheduling order. The parties are directed to meet and confer regarding the schedule for remaining discovery to accommodate the trial set to begin April 5, 2023. If the parties cannot agree, they shall brief their respective positions for resolution by the Magistrate Judge at the hearing presently scheduled for August 17, 2022. Signed by District Judge Rebecca Beach Smith on 7/22/2022. (tamarm, )
July 22, 2022 Opinion or Order Filing 1629 ORDER that McKesson Corporation, AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, H.D. Smith, LLC, Smith Medical Partners, LLC, Valley Wholesale Drug Company, LLC, Cardinal Health, Inc., The Harvard Drug Group, L.L.C., Cardinal Health P.R. 120, Inc., Meijer, Inc., Meijer Distribution, Inc., SUPERVALU, Inc., Wegmans Food Markets, Inc., KPH Healthcare Services, Inc. a/k/a Kinney Drugs, Inc., and MLI RX, LLC are permitted to intervene in the action docketed as FWK Holdings, LLC v. Merck & Co., Inc., No. 2:18-cv-00023 (E.D. Va.) as additional direct purchaser plaintiffs, and thereby participate in the centralized proceedings in In re Zetia (Ezetimibe) Antitrust Litigation, MDL No. 2:18-md-2836 (E.D. Va.). Signed by District Judge Rebecca Beach Smith on 7/22/2022. (tamarm, )
July 22, 2022 Filing 1628 STATUS CONFERENCE held before District Judge Rebecca Beach Smith and Magistrate Judge Douglas E. Miller. (Court Reporter Jody Stewart.) Counsel present (see attachment to minutes for list of all counsel present). Comments of court and counsel heard. Defendant's Motion for Summary Judgment (ECF Nos. 1027 and 1067) set for 8/17/2022 at 9:30 a.m. before Magistrate Judge Douglas Miller. Jury Trial set for 4/5/2023 at 11:00 AM in Norfolk before District Judge Rebecca Beach Smith. Court to prepare Order. Court adjourned. (Attachment(s) #1 Counsel List) (tamarm, ) Modified text on 7/25/2022 noting jury trial. (tamarm, ).
July 22, 2022 Filing 1627 TRANSCRIPT of proceedings held on 7-22-2022, before Judge Rebecca Beach Smith and Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. 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 Redaction Request due 8/22/2022. Redacted Transcript Deadline set for 9/21/2022. Release of Transcript Restriction set for 10/20/2022.(stewart, jody)
July 22, 2022 Set Deadlines as to #1037 MOTION for Summary Judgment on All Claims, #1067 MOTION for Summary Judgment . Motion Hearing set for 8/17/2022 at 09:30 AM in Norfolk Mag Courtroom 1 w/OCR before Magistrate Judge Douglas E. Miller. (cdod, )
July 21, 2022 Filing 1626 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 7/21/2022 re #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd., #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS filed by All End Payer Plaintiffs. Matter came on for hearing on pending motions (#1042) Joint Motion to Exclude, (#1048) Joint Motion to Exclude, (#1053 and #1074)) Motions for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial, and (#1040) Motion to Exclude. List of counsel present attached. Arguments presented with responses. Court took recess at noon and resumed argument at 2:00 pm. Argument resumed on pending motions. Court took motions under advisement and will issue opinions. Parties discussed the agenda for the status conference on July 22, 2022 in order to be prepared with dates and responses. Court adjourned. (Attachments: #1 Exhibit) (Court Reporter Kerry Zahn.)(cdod, )
July 21, 2022 Filing 1625 NOTICE by All End Payer Plaintiffs of Change of Address for Miller Law, LLC (Cales, James)
July 20, 2022 Opinion or Order Filing 1624 ORDER granting #1616 Motion for Pro hac vice for Cailtin Violet Dobbs McHugh as to CVS Pharmacy, Inc., Rite Aid Corporation and Rite Aid Hdqtrs. Corp. Signed by District Judge Rebecca Beach Smith on 7/20/22. (tlev, )
July 19, 2022 Opinion or Order Filing 1618 ORDER granting #1612 Motion for Pro hac vice for April Dawn Lambert as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 7/19/2022. (tlev, )
July 19, 2022 Opinion or Order Filing 1617 ORDER: The parties are directed to come to the 7/22/22 status conference prepared to discuss and resolve the issues outlined in the attached agenda. Signed by Magistrate Judge Douglas E. Miller on 7/19/22. (Attachments: #1 Agenda for Status Conference) (bpet, )
July 19, 2022 Filing 1616 Motion to appear Pro Hac Vice by Cailtin Violet Dobbs McHugh and Certification of Local Counsel John F. Sawyer Filing fee $ 75, receipt number AVAEDC-8480331. by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.. (Sawyer, John)
July 18, 2022 Filing 1615 Declaration re #1614 Reply to Response to Motion, Reply Declaration of Thomas M. Sobol in Support of Motion for Set-Aside Order by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit 1. Ex Parte Application, #2 Exhibit 2. RFP's, #3 Exhibit 3. RFP's to Merck, #4 Exhibit 4. E. Burns Ltr)(Monroe, William)
July 18, 2022 Filing 1614 REPLY to Response to Motion re #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
July 18, 2022 Filing 1612 Motion to appear Pro Hac Vice by April Dawn Lambert and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number AVAEDC-8477924. by FWK Holdings, LLC. (Monroe, William)
July 18, 2022 Opinion or Order Filing 1611 ORDER granting #1584 Motion to Seal. Order entered as modified by the Court. Signed by Magistrate Judge Douglas E. Miller on 7/18/22. (bpet, )
July 15, 2022 Filing 1609 REPLY to Response to Motion re #1577 MOTION for Leave to File Second Amended Complaint filed by Humana Inc. (Spain, Brett)
July 15, 2022 MOTIONS REFERRED to Magistrate Judge: Miller. #1581 MOTION for Joinder of Additional Direct Purchaser Plaintiffs MOTION to Amend/Correct to Amend the Complaint MOTION to Modify the Scheduling Order , #1580 MOTION to Intervene , #1577 MOTION for Leave to File Second Amended Complaint (afar)
July 14, 2022 Filing 1608 RESPONSE to Motion re #1581 MOTION for Joinder of Additional Direct Purchaser Plaintiffs MOTION to Amend/Correct to Amend the Complaint MOTION to Modify the Scheduling Order (Defendants' Response To Motion To Join Additional Direct Purchaser Plaintiffs, Amend The Complaint, And Modify Scheduling Order)(filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 14, 2022 Filing 1607 RESPONSE to Motion re #1580 MOTION to Intervene (Defendants' Response To Additional Direct Purchaser Plaintiffs' Motion To Intervene) (Filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 13, 2022 Opinion or Order Filing 1606 ORDER: Glenmark's #1594 Motion to Continue Oral Argument is GRANTED IN PART and DENIED IN PART. The court ADJUSTS oral argument before the Magistrate Judge as follows: Oral argument for 7/20/22 is cancelled; in-person oral argument will be held on 7/21/22 and will proceed according to the schedule detailed herein; Defendants' #1037 , #1067 motions for summary judgment will be argued in August 2022. The status conference remains scheduled for 7/22/22. Signed by Magistrate Judge Douglas E. Miller on 7/13/22. (bpet, )
July 13, 2022 MOTION REFERRED to Magistrate Judge Douglas E. Miller: #1594 MOTION to Continue the July 20-21, 2022 Motions Hearing (bpet, )
July 12, 2022 Filing 1605 Opposition to #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel filed by United Healthcare Services, Inc.. (Attachments: #1 Affidavit of Judith Zahid, #2 Affidavit of Professor William Rubenstein)(Neuhardt, Amy)
July 12, 2022 Filing 1604 Opposition to #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel filed by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
July 12, 2022 Filing 1603 RESPONSE to Motion re #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 12, 2022 Filing 1602 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1593 Order,, #1594 MOTION to Continue the July 20-21, 2022 Motions Hearing Notice of Merck Defendants' Position Statement Regarding the July 20-21, 2022 Hearings (Noona, Stephen)
July 12, 2022 Filing 1601 Opposition to #1594 MOTION to Continue the July 20-21, 2022 Motions Hearing Opposition filed on behalf of the FWK plaintiffs, the FWK Joinder plaintiffs and the Optisource plaintiffs and filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit 1. Email, #2 Exhibit 2. Notices)(Monroe, William)
July 12, 2022 Filing 1600 NOTICE by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd. re #1593 Order,, Glenmark Defendants' Position Statement Regarding The July 20-21, 2022 Hearings (Ottinger, Richard)
July 12, 2022 Filing 1599 Memorandum in Opposition re #1594 MOTION to Continue the July 20-21, 2022 Motions Hearing filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit)(Cales, James)
July 12, 2022 Notice of Correction re #1597 Opposition: The filing user is advised that Responses/Oppositions should be linked back to the motion to which they relate, rather than to the brief in support of said motion. The Clerk's Office will correct same, and no further action is required at this time. (bpet, )
July 11, 2022 Filing 1598 Response to #1593 Order,, regarding oral argument filed by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Sawyer, John)
July 11, 2022 Filing 1597 Opposition to #1566 MOTION for Entry of a Set-Aside Order filed by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co. (Sawyer, John) Modified text on 7/12/2022 (bpet, )
July 11, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1584 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Proposed Second Amended Complaint (tamarm, )
July 8, 2022 Filing 1596 RESPONSE to Motion re #1577 MOTION for Leave to File Second Amended Complaint (Defendants' Response To Plaintiff Humana Inc.'s Motion For Leave To File A Second Amended Complaint)(filed on behalf of the Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 8, 2022 Filing 1595 Memorandum in Support re #1594 MOTION to Continue the July 20-21, 2022 Motions Hearing filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
July 8, 2022 Filing 1594 MOTION to Continue the July 20-21, 2022 Motions Hearing by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
July 8, 2022 Opinion or Order Filing 1593 ORDER: If any party desires to file a position statement addressing only the requests to adjust the schedule for oral argument on the previously briefed motions addressed herein, the court DIRECTS such filing to be submitted via CM/ECF by noon on 7/12/22. The court will address the requests by separate order after reviewing all submissions. No party is requesting any change in the status conference, which remains scheduled for 7/22/22. Signed by Magistrate Judge Douglas E. Miller on 7/8/22. (bpet, )
July 7, 2022 Filing 1592 Declaration re #1591 Response in Support of Motion,, (of Marissa M. Mulligan) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 7, 2022 Filing 1591 RESPONSE in Support re #1584 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Proposed Second Amended Complaint (Defendants' Response In Support Of Direct Purchaser Plaintiffs' Motion To Seal Portions Of The Proposed Direct Purchaser Plaintiffs' Second Amended Consolidated Complaint) (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
July 7, 2022 Filing 1590 Letter to the Hon. Rebecca Beach Smith, USDC Senior Judge and to the Hon. Douglas E. Miller, USDC Magistrate re Joinder Plaintiffs Do Not Seek Additional Argument on ECF 1042,1048, 1053 and 1074; Joinder Plaintiffs Request Argument be set for ECF 1037, 1067 and 1040. (Monroe, William)
July 7, 2022 Filing 1589 Letter Request to Defer Arguments on Motions. (Ottinger, Richard)
July 7, 2022 Notice of Correction re #1590 Letter. A Request for Hearing should be filed instead of a letter when requesting oral argument. (tamarm, )
July 7, 2022 Notice of Correction re #1589 Letter. In order to continue a motion hearing, a motion with an attached proposed order should be filed. (tamarm, )
June 30, 2022 Filing 1588 Memorandum in Support re #1584 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Proposed Second Amended Complaint filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
June 30, 2022 Filing 1587 Sealed Document re #1584 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Proposed Second Amended Complaint. (Monroe, William)
June 30, 2022 Filing 1586 Sealed Document re #1584 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Proposed Second Amended Complaint. (Monroe, William)
June 30, 2022 Filing 1585 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1584 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Proposed Second Amended Complaint (Monroe, William)
June 30, 2022 Filing 1584 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Proposed Second Amended Complaint by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
June 30, 2022 Filing 1583 Memorandum in Support re #1581 MOTION for Joinder of Additional Direct Purchaser Plaintiffs MOTION to Amend/Correct to Amend the Complaint MOTION to Modify the Scheduling Order filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit 1. Redacted Complaint (redline), #2 Exhibit 2. Redacted Complaint (clean))(Monroe, William)
June 30, 2022 Filing 1582 Memorandum in Support re #1580 MOTION to Intervene filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Smith Medical Partners, LLC, Supervalu, Inc., The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit 1. Transcript)(Monroe, William)
June 30, 2022 Filing 1581 MOTION for Joinder of Additional Direct Purchaser Plaintiffs, MOTION to Amend/Correct to Amend the Complaint, MOTION to Modify the Scheduling Order by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
June 30, 2022 Filing 1580 MOTION to Intervene by McKesson Corporation, AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, H.D. Smith, LLC, Smith Medical Partners, LLC, Valley Wholesale Drug Company, LLC, Cardinal Health, Inc., The Harvard Drug Group, L.L.C., Cardinal Health P.R. 120, Inc., Meijer, Inc., Meijer Distribution, Inc., Supervalu, Inc., Wegmans Food Markets, Inc., KPH Healthcare Services, Inc., MLI RX, LLC. (Attachments: #1 Proposed Order, #2 Exhibit 7.1 Financial Disclosure Statements)(Monroe, William)
June 30, 2022 Filing 1579 NOTICE by FWK Holdings, LLC of change of address for Hagens Berman Sobol Shapiro LLP (Monroe, William)
June 24, 2022 Filing 1578 Memorandum in Support re #1577 MOTION for Leave to File Second Amended Complaint filed by Humana Inc. (Attachments: #1 Proposed Order, #2 Shrewsbury Decl. & Second Am Comp)(Spain, Brett)
June 24, 2022 Filing 1577 MOTION for Leave to File Second Amended Complaint by Humana Inc. (Spain, Brett)
June 17, 2022 Notice of Correction re #1576 Motion to appear Pro Hac Vice by Nicholas McAneny Gallagher and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number AVAEDC-8434076. The motion does not contain the signature of the applicant. Local counsel should file a corrected motion that includes the written signature of the applicant. Counsel should not pay a second fee. (tlev, )
June 16, 2022 Filing 1576 Motion to appear Pro Hac Vice by Nicholas McAneny Gallagher and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number AVAEDC-8434076. by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
June 14, 2022 Opinion or Order Filing 1575 ORDER granting #1573 Motion for Pro hac vice for John Maxwell Shaw as to City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated. Signed by District Judge Rebecca Beach Smith on 6/14/2022. (tlev, )
June 10, 2022 Opinion or Order Filing 1574 ORDER granting #1572 Motion for Extension of Time to File Response re #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel. Responses due by 7/12/2022. Signed by Magistrate Judge Douglas E. Miller on 6/10/2022. (tamarm, )
June 10, 2022 Filing 1573 Motion to appear Pro Hac Vice by John Maxwell Shaw and Certification of Local Counsel James A. Cales III Filing fee $ 75, receipt number AVAEDC-8427266. by City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated. (Cales, James)
June 9, 2022 Filing 1572 Consent MOTION for Extension of Time to File Response/Reply as to #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel by United Healthcare Services, Inc.. (Attachments: #1 Proposed Order)(Neuhardt, Amy)
June 8, 2022 Opinion or Order Filing 1571 ORDER REFERRING MOTION: #1067 MOTION for Summary Judgment filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp. It is ORDERED that United States Magistrate Judge Douglas E. Miller is designated to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned district judge proposed findings of fact, if applicable, and recommendations for the disposition of the Motion. Signed by District Judge Rebecca Beach Smith on 6/8/2022. (tamarm, )
June 8, 2022 Opinion or Order Filing 1570 ORDER re #1558 Motion to Substitute Attorney. The Court GRANTS the Glenmark Defendants' Nomination and Motion for Substitution of Lead Counsel, and SUBSTITUTES Kirkland & Ellis LLP and, specifically, Jay Philip Lefkowitz as lead counsel in this matter in place of Steven A. Reed and the law firm of Morgan, Lewis & Bockius LLP in this action. Signed by Magistrate Judge Douglas E. Miller on 6/8/2022. (tamarm, )
June 8, 2022 Opinion or Order Filing 1569 ORDER granting #1556 Motion to Withdraw as Attorney. Attorney James Kevin Fee; Richard Brendan Fee; Geoffrey T. Holtz; Zachary Mills Johns; Stacey Anne Mahoney; Steven A. Reed; Melina Rose DiMattio and Mark J. Fanelli terminated. Signed by Magistrate Judge Douglas E. Miller on 6/8/2022. (tamarm, )
June 7, 2022 Filing 1568 NOTICE of Appearance by Edward James Powers on behalf of Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd. (Powers, Edward)
June 6, 2022 MOTIONS REFERRED to Magistrate Judge Miller: #1558 MOTION to Substitute Attorney and Nomination of Lead Counsel (tamarm, )
June 3, 2022 Filing 1567 Memorandum in Support re #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel filed by All End Payer Plaintiffs. (Cales, James)
June 3, 2022 Filing 1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James)
May 27, 2022 Filing 1565 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated Notice Regarding Dissemination of Court's May 20, 2022 Order to Former Putative Direct Purchaser Class Members (Attachments: #1 Exhibit Declaration of Tina Chiango, RG/2 Claims Administration LLC)(Monroe, William)
May 24, 2022 Set Deadlines as to #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark), #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS , #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark), #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs. Motion Hearing set for 7/20/2022 at 10:00 AM before Magistrate Judge Douglas E. Miller In Norfolk Courtroom w/OCR. (cdod, )
May 24, 2022 Set Deadlines as to #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark), #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS , #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark), #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs. Motion Hearing set for 7/21/2022 at 10:00 AM before Magistrate Judge Douglas E. Miller in Norfolk Courtroom w/OCR. (cdod, )
May 24, 2022 Status Conference set for 7/22/2022 at 11:00 AM in Norfolk before District Judge Rebecca Beach Smith and Magistrate Judge Douglas E. Miller. (sche)
May 20, 2022 Opinion or Order Filing 1564 ORDER granting #1549 Motion for Entry of Order Regarding Joinder of Former Putative Direct Purchaser Class Members; granting #1554 Motion for Status Conference; and granting #1560 Motion for Joinder. Lead counsel for Direct Purchaser Plaintiffs shall deliver a copy of this Order to each Unnamed Direct Purchaser within 3 business days of entry of this Order. Any Unnamed Direct Purchaser shall file its claim(s) by 6/30/22. A status conference will be set for all parties after the joinder period ends. See Order for complete details. Signed by Magistrate Judge Douglas E. Miller on 5/20/22. (bpet, )
May 20, 2022 MOTION REFERRED to Magistrate Judge Douglas E. Miller: #1549 MOTION for Entry of Order Regarding Joinder of Former Putative Direct Purchaser Class Members (bpet, )
May 19, 2022 Filing 1563 REPLY to Response to Motion re #1549 MOTION for Entry of Order Regarding Joinder of Former Putative Direct Purchaser Class Members filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
May 17, 2022 Filing 1562 RESPONSE to Motion re #1554 MOTION For Status Conference Direct Purchaser Plaintiffs' Response to End-Payor Plaintiffs' Motion for Status Conference filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
May 13, 2022 Filing 1561 RESPONSE to Motion re #1549 MOTION for Entry of Order Regarding Joinder of Former Putative Direct Purchaser Class Members (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
May 12, 2022 Filing 1560 MOTION for Joinder in End-Payor Plaintiffs' Motion for Status Conference by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Sawyer, John)
May 12, 2022 Filing 1559 Memorandum in Support re #1558 MOTION to Substitute Attorney and Nomination of Lead Counsel filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Exhibit A - Lefkowitz Biography)(Ottinger, Richard)
May 12, 2022 Filing 1558 MOTION to Substitute Attorney and Nomination of Lead Counsel by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Supplement Proposed Order)(Ottinger, Richard)
May 12, 2022 Filing 1557 Memorandum in Support re #1556 MOTION to Withdraw as Attorney Steven A. Reed, R. Brendan Fee, Zachary M. Johns, Stacey Anne Mahoney, James K. Fee, Geoffrey T. Holtz, Melina R. DiMattio, and Mark J. Fanelli filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
May 12, 2022 Filing 1556 MOTION to Withdraw as Attorney Steven A. Reed, R. Brendan Fee, Zachary M. Johns, Stacey Anne Mahoney, James K. Fee, Geoffrey T. Holtz, Melina R. DiMattio, and Mark J. Fanelli by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Proposed Order Proposed Order)(Ottinger, Richard)
May 12, 2022 Filing 1555 Memorandum in Support re #1554 MOTION For Status Conference filed by All End Payer Plaintiffs. (Cales, James)
May 12, 2022 Filing 1554 MOTION For Status Conference by All End Payer Plaintiffs. (Cales, James) (Main Document 1554 replaced on 5/12/2022 at attorney's request; originally uploaded wrong document) (tamarm, ).
May 12, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1556 MOTION to Withdraw as Attorney Steven A. Reed, R. Brendan Fee, Zachary M. Johns, Stacey Anne Mahoney, James K. Fee, Geoffrey T. Holtz, Melina R. DiMattio, and Mark J. Fanelli (tamarm, )
April 29, 2022 Opinion or Order Filing 1553 ORDER granting #1546 Motion for Pro hac vice for Jay Phillip Lefkowitz as to Glenmark Pharmaceuticals Inc., USA and Glenmark Pharmaceuticals Ltd. Signed by District Judge Rebecca Beach Smith on 2:18md2836. (tlev, )
April 29, 2022 Opinion or Order Filing 1552 ORDER granting #1545 Motion for Pro hac vice for Kevin Michael Neylan, Jr as to Glenmark Pharmaceuticals Inc., USA and Glenmark Pharmaceuticals Ltd. Signed by District Judge Rebecca Beach Smith on 4/29/22. (tlev, )
April 29, 2022 Opinion or Order Filing 1551 ORDER granting #1544 Motion for Pro hac vice for Devora Whitman Allon as to Glenmark Pharmaceuticals Inc., USA and Glenmark Pharmaceuticals Ltd. Signed by District Judge Rebecca Beach Smith on 04/29/22. (tlev, )
April 29, 2022 Filing 1550 Memorandum in Support re #1549 MOTION for Entry of Order Regarding Joinder of Former Putative Direct Purchaser Class Members filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
April 29, 2022 Filing 1549 MOTION for Entry of Order Regarding Joinder of Former Putative Direct Purchaser Class Members by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
April 29, 2022 Opinion or Order Filing 1548 ORDER denying #1532 Motion to Certify the Order for Interlocutory Appeal. Signed by District Judge Rebecca Beach Smith on 4/29/2022. (tamarm, )
April 28, 2022 Filing 1547 Corporate Disclosure Statement by Schering-Plough Corp., Merck Sharp & Dohme Corp., Schering Corp., MSP Singapore Co. LLC, Merck & Co., Inc.. (Noona, Stephen)
April 28, 2022 Filing 1546 Motion to appear Pro Hac Vice by Jay Philip Lefkowitz and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number AVAEDC-8366601. by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
April 28, 2022 Filing 1545 Motion to appear Pro Hac Vice by Kevin Michael Neylan, Jr. and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number AVAEDC-8366557. by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
April 28, 2022 Filing 1544 Motion to appear Pro Hac Vice by Devora Whitman Allon and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number AVAEDC-8366541. by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
April 26, 2022 Opinion or Order Filing 1543 ORDER granting #1542 Motion to Withdraw as Attorney. Attorney Adam Michael Carroll terminated. Signed by Magistrate Judge Douglas E. Miller on 4/26/2022. (tamarm, )
April 26, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1542 MOTION to Withdraw as Attorney for Retailer Plaintiffs (local counsel) (tamarm, )
April 22, 2022 Filing 1542 MOTION to Withdraw as Attorney for Retailer Plaintiffs (local counsel) by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Attachments: #1 Proposed Order)(Carroll, Adam)
April 22, 2022 Filing 1541 NOTICE of Appearance by John Frederick Sawyer on behalf of Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co. (Sawyer, John)
April 20, 2022 Filing 1540 Letter to Hon. Douglas E. Miller, United States Magistrate Judge from Direct Purchaser Plaintiffs. (Monroe, William)
April 18, 2022 Filing 1539 REPLY to Response to Motion re #1532 MOTION to Certify an Interlocutory Appeal Under UNDER 28 U.S.C. 1292(b) of the Court's February 24, 2022 Opinion on Market Definition re #1518 Order on Motion to Exclude,,,, Order on Motion for Partial Summary Judgment,,, filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
April 14, 2022 Opinion or Order Filing 1538 ORDER re #1522 MOTION to Dismiss for Failure to State a Claim/Defendants' Supplemental Briefing and Motion to Dismiss United Healthcare Services, Inc.'s Amended Claims for Damages Based on Purchases of Vytorin and Certain Other State-Law Claims filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd., #1520 MOTION to Dismiss for Failure to State a Claim/ MOTION to Dismiss for Lack of Jurisdiction Humana, Centene, and Kaiser Plaintiffs' Amended Claims for Damages Based On Purchases of Vytorin and Certain Other State-Law Claims filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd. It is ORDERED that United States Magistrate Judge Douglas E. Miller, is designated to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned district judge proposed findings of fact, if applicable, and recommendations for the disposition of the Motions. Signed by District Judge Rebecca Beach Smith on 4/14/2022. (tamarm, )
April 13, 2022 Filing 1537 OPINION - the Court ADOPTS IN FULL the findings and recommendations set forth in the Magistrate Judge's thorough and well-reasoned Report and Recommendation filed on 1/25/2022. ECF No. #1480 . The court OVERRULES DPPs' Objections, ECF No. #1494 , and DENIES the Motion, ECF No. #1354 . Signed by District Judge Rebecca Beach Smith on 4/13/2022. (tamarm, )
April 11, 2022 Filing 1536 Opposition to #1532 MOTION to Certify an Interlocutory Appeal Under UNDER 28 U.S.C. 1292(b) of the Court's February 24, 2022 Opinion on Market Definition re #1518 Order on Motion to Exclude,,,, Order on Motion for Partial Summary Judgment,,, filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
April 11, 2022 Filing 1535 REPLY to Response to Motion re #1522 MOTION to Dismiss for Failure to State a Claim Defendants' Supplemental Briefing and Motion to Dismiss United Healthcare Services, Inc.'s Amended Claims for Damages Based on Purchases of Vytorin and Certain Other State-Law Claims filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
April 11, 2022 Filing 1534 REPLY to Response to Motion re #1520 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Humana, Centene, and Kaiser Plaintiffs' Amended Claims for Damages Based On Purchases of Vytorin and Certain Other State-Law Claims filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
March 28, 2022 Filing 1533 Memorandum in Support re #1532 MOTION to Certify an Interlocutory Appeal Under UNDER 28 U.S.C. 1292(b) of the Court's February 24, 2022 Opinion on Market Definition re #1518 Order on Motion to Exclude,,,, Order on Motion for Partial Summary Judgment,,, filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
March 28, 2022 Filing 1532 MOTION to Certify an Interlocutory Appeal Under UNDER 28 U.S.C. 1292(b) of the Court's February 24, 2022 Opinion on Market Definition re #1518 Order on Motion to Exclude,,,, Order on Motion for Partial Summary Judgment,,, by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
March 28, 2022 Filing 1531 RESPONSE to Motion re #1522 MOTION to Dismiss for Failure to State a Claim Defendants' Supplemental Briefing and Motion to Dismiss United Healthcare Services, Inc.'s Amended Claims for Damages Based on Purchases of Vytorin and Certain Other State-Law Claims filed by United Healthcare Services, Inc.. (Neuhardt, Amy)
March 28, 2022 Filing 1530 Memorandum in Opposition re #1520 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Humana, Centene, and Kaiser Plaintiffs' Amended Claims for Damages Based On Purchases of Vytorin and Certain Other State-Law Claims . (Spain, Brett)
March 22, 2022 Filing 1528 TRANSCRIPT of proceedings held on 3-21-2022, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. 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 Redaction Request due 4/21/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 6/21/2022.(stewart, jody)
March 21, 2022 Filing 1529 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Status Conference held on 3/21/2022. Proceedings:Matter came on for status conference regarding United Healthcares objection to supplemental briefing filed by defendants as detailed in ECF #1525 regarding the Vytorin based claims. Present via zoom were William Bornstein, Judith Zahid, Eric Buetzow, Michael Mitchell, Amy Neuhardt and James Martin on behalf of United. Richard Ottinger, Vincent Papa, Steve Reed, Zak Johns, Brendan Fee present on behalf of Glenmark. Brett Spain and Diane Shrewsbury present on behalf of Kaiser. Tom Sobol, Erin Burns, Rachel Downey and Bill Monroe present on behalf of Direct Purchaser Plaintiffs. Barry Refsin, Adam Carroll, Monica Kiley and Lauren Ravkind present on behalf of Retailer Plaintiffs. Marvin Miller, Michael Buchman, Jim Cales present on behalf of End Purchaser Plaintiffs. Tarek Ismail, Brian Karalunas, Steve Noona, Chris Dusseault, Eric Stock present on behalf of Merck. The Court heard argument from Mr. Bornstein and response from Mr. Fee. The Court made an oral modification of the prior ruling allowing United to have 30 pages for limited supplemental briefing related to the Vytorin issue. No deadlines are altered at this time. Hearing adjourned. (Court Reporter Jody Stewart, OCR.)(cdod, )
March 17, 2022 Filing 1527 Response to #1525 Letter filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
March 17, 2022 Notice of Correction re 1526 Response. The filing user's login does not match the signature on the document. The filing user must refile the document with the filing user's signature block. (tamarm, )
March 16, 2022 Filing 1526 Response to #1525 Letter filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
March 16, 2022 Set Remote Hearing (CV Magistrate)Members of the public wishing to listen to remote proceedings should call the Norfolk Division at 757-222-7222 before the hearing for instructions on how to listen to the proceedings. Recording of court proceedings of any kind is prohibited. Status Conference set for 3/21/2022 at 10:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
March 11, 2022 Filing 1525 Letter to Judge Miller on behalf of United Healthcare Services, Inc.. (Neuhardt, Amy)
March 9, 2022 Opinion or Order Filing 1524 ORDER denying #1512 Motion to Seal. It is ORDERED that the unredacted Opposition, ECF No. #1517 , be unsealed and filed in the public record. Signed by Magistrate Judge Douglas E. Miller on 3/9/2022. (tamarm, )
March 7, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1512 MOTION to Seal Portions of Defendants' Response To Direct Purchaser Plaintiffs' Objections To Report & Recommendation To Deny Their Renewed Motion For Class Certification (Submitted on Behalf of Merck and Glenmark Defendants) (tamarm, )
March 2, 2022 Filing 1523 Memorandum in Support re #1522 MOTION to Dismiss for Failure to State a Claim Defendants' Supplemental Briefing and Motion to Dismiss United Healthcare Services, Inc.'s Amended Claims for Damages Based on Purchases of Vytorin and Certain Other State-Law Claims filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Ottinger, Richard)
March 2, 2022 Filing 1522 MOTION to Dismiss for Failure to State a Claim Defendants' Supplemental Briefing and Motion to Dismiss United Healthcare Services, Inc.'s Amended Claims for Damages Based on Purchases of Vytorin and Certain Other State-Law Claims by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Proposed Order Proposed Order)(Ottinger, Richard)
March 2, 2022 Filing 1521 Memorandum in Support re #1520 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Humana, Centene, and Kaiser Plaintiffs' Amended Claims for Damages Based On Purchases of Vytorin and Certain Other State-Law Claims filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Appendix A, #2 Appendix B, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5)(Ottinger, Richard)
March 2, 2022 Filing 1520 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction Humana, Centene, and Kaiser Plaintiffs' Amended Claims for Damages Based On Purchases of Vytorin and Certain Other State-Law Claims by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Proposed Order Proposed Order)(Ottinger, Richard)
February 25, 2022 Opinion or Order Filing 1519 ORDER DENYING SEALING MOTION - the #1507 Motion to Seal is DENIED and it is ORDERED that the unredacted transcript (ECF No. 1476) be unsealed and filed in the public record. Order is Entered as Modified by the Court. Signed by Magistrate Judge Douglas E. Miller on 2/25/2022. (tamarm, )
February 24, 2022 Opinion or Order Filing 1518 MEMORANDUM ORDER - The court ADOPTS IN FULL the findings and recommendations set forth in the Magistrate Judge's Report and Recommendation. The court OVERRULES Defendants' Objections #1419 and #1423 ; DENIES #1066 Motion to Exclude and #1070 Motion to Exclude; GRANTS #1077 Motion for Partial Summary Judgment and #1080 Motion for Partial Summary Judgment. Signed by District Judge Rebecca Beach Smith on 2/24/2022. (tamarm, )
February 24, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1507 MOTION to Seal Portions of the January 4 Transcript (tamarm, )
February 22, 2022 Filing 1517 Sealed Response/Reply/Opposition re #1512 MOTION to Seal Portions of Defendants' Response To Direct Purchaser Plaintiffs' Objections To Report & Recommendation To Deny Their Renewed Motion For Class Certification (Submitted on Behalf of Merck and Glenmark Defendants), #1516 Response,. (Noona, Stephen)
February 22, 2022 Filing 1516 Response to #1494 Objection,, (Defendants' Response To Direct Purchaser Plaintiffs' Objections To Report & Recommendation To Deny Their Renewed Motion For Class Certification (Submitted on Behalf of Merck and Glenmark Defendants) (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
February 22, 2022 Filing 1515 Declaration re #1513 Memorandum in Support, (of Meredith S. Simons) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
February 22, 2022 Filing 1514 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1512 MOTION to Seal Portions of Defendants' Response To Direct Purchaser Plaintiffs' Objections To Report & Recommendation To Deny Their Renewed Motion For Class Certification (Submitted on Behalf of Merck and Glenmark Defendants) (Noona, Stephen)
February 22, 2022 Filing 1513 Memorandum in Support re #1512 MOTION to Seal Portions of Defendants' Response To Direct Purchaser Plaintiffs' Objections To Report & Recommendation To Deny Their Renewed Motion For Class Certification (Submitted on Behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
February 22, 2022 Filing 1512 MOTION to Seal Portions of Defendants' Response To Direct Purchaser Plaintiffs' Objections To Report & Recommendation To Deny Their Renewed Motion For Class Certification (Submitted on Behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
February 16, 2022 Opinion or Order Filing 1511 ORDER granting #1505 Motion for Extension of Time to File; granting #1505 Motion for Leave to File Excess Pages. Defendants are directed to file Rule 12 motions in response to the amended complaints by UHS, Humana, Centene, and Kaiser by March 2, 2022. Response briefs are due by March 28, 2022, and reply briefs are due by April 11, 2022. Defendants' opening brief in support of their joint motion to dismiss the Humana, Centene, and Kaiser Amended Complaints, and any opposition briefs, shall not exceed forty (40) pages. Signed by Magistrate Judge Douglas E. Miller on 2/16/2022. (tamarm, )
February 16, 2022 Filing 1510 Declaration re #1508 Memorandum in Support of Meredith S. Simons by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
February 16, 2022 Filing 1509 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1507 MOTION to Seal Portions of the January 4 Transcript (Noona, Stephen)
February 16, 2022 Filing 1508 Memorandum in Support re #1507 MOTION to Seal Portions of the January 4 Transcript filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
February 16, 2022 Filing 1507 MOTION to Seal Portions of the January 4 Transcript by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2 (Public Version))(Noona, Stephen)
February 16, 2022 Filing 1506 Memorandum in Support re #1505 Consent MOTION for Extension of Time for Motions to Dismiss Briefing Directed to the Humana, Centene, and Kaiser Plaintiffs' Amended ComplaintsConsent MOTION for Leave to File Excess Pages Limits filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Proposed Order Proposed Order)(Ottinger, Richard)
February 16, 2022 Filing 1505 Consent MOTION for Extension of Time for Motions to Dismiss Briefing Directed to the Humana, Centene, and Kaiser Plaintiffs' Amended Complaints, Consent MOTION for Leave to File Excess Pages by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Shering-Plough Corporation. (Attachments: #1 Proposed Order Proposed Order)(Ottinger, Richard)
February 16, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1505 Consent MOTION for Extension of Time for Motions to Dismiss Briefing Directed to the Humana, Centene, and Kaiser Plaintiffs' Amended Complaints, Consent MOTION for Leave to File Excess Pages (tamarm, )
February 11, 2022 Opinion or Order Filing 1504 SEALING ORDER granting #1464 Motion to Seal. The Clerk is directed to maintain under seal the Portions of Defendants' Objection and Response to Notice. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, be returned to counsel, or destroyed. Entered as modified by the Court. Signed by Magistrate Judge Douglas E. Miller on 2/11/2022. (tamarm, )
February 11, 2022 Opinion or Order Filing 1503 SEALING ORDER granting #1387 Motion to Seal Portions of Reply in Support of Direct Purchaser Plaintiffs' Renewed Motion for Class Certification and Exhibits to the Reply Declaration of Thomas M. Sobol in Support ("Motion for Leave"). See Order for details. Entered as modified by the Court. Signed by Magistrate Judge Douglas E. Miller on 2/11/2022. (tamarm, )
February 11, 2022 Opinion or Order Filing 1502 ORDER granting #1470 Motion to Seal Portions of Defendants' Slides Submitted during the January 4, 2022 Hearing on Direct Purchaser Plaintiffs' Renewed Motion For Class Certification. Entered as modified by the Court. Signed by Magistrate Judge Douglas E. Miller on 2/11/2022. (tamarm, )
February 9, 2022 Filing 1501 AMENDED COMPLAINT by Plaintiff United Healthcare Services, Inc. against Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals, Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp., filed by United Healthcare Services, Inc..(Neuhardt, Amy)
February 9, 2022 Filing 1500 AMENDED COMPLAINT against Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp., filed by Kaiser Foundation Health Plan, Inc..(Spain, Brett)
February 9, 2022 Filing 1499 AMENDED COMPLAINT against Glenmark Pharmaceuticals Ltd., Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp., filed by Humana Inc.(Spain, Brett)
February 9, 2022 Filing 1498 AMENDED COMPLAINT against Glenmark Pharmaceuticals Ltd., Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp., filed by NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC., CENTENE CORPORATION, HEALTH NET, LLC.(Spain, Brett)
February 9, 2022 Opinion or Order Filing 1497 OPINION AND ORDER granting #1430 Motion for Entry of an Order to Approve the Form and Manner of Notice and Appoint a Notice Administrator. The Notice Plan described in the Young Declaration and attached to this Order as Exhibit A is approved. Class Counsel shall cause the short form Notice substantially in the form attached be disseminated beginning no later than THIRTY (30) DAYS. (See Order for details.) The Court appoints A.B. Data as Notice Administrator. Signed by Magistrate Judge Douglas E. Miller on 2/9/2022. (tamarm, )
February 8, 2022 Filing 1496 Declaration re #1494 Objection,, Declaration of Joseph M. Vanek by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
February 8, 2022 Filing 1495 Declaration re #1494 Objection,, Declaration of Linda P. Nussbaum by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
February 8, 2022 Filing 1494 Objection to #1480 REPORT AND RECOMMENDATIONS re #1354 MOTION to Certify Class filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all o filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
February 8, 2022 Filing 1493 TRANSCRIPT of proceedings held on 2-3-2022, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. 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 Redaction Request due 3/10/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 5/9/2022.(stewart, jody)
February 7, 2022 Opinion or Order Filing 1492 ORDER denying #1459 Motion for Protective Order. Signed by Magistrate Judge Douglas E. Miller on 2/7/2022. (tamarm, )
February 3, 2022 Opinion or Order Filing 1491 STIPULATED AGREED ORDER ON DEFENDANTS' NAMES AND DOCKET re #1475 Joint Motion for Entry of Stipulated Agreed Order. The Clerk is ordered to remove the Merck Alternative Party Designations from the Docket and electronic filing system. Signed by Magistrate Judge Douglas E. Miller on 2/3/2022. (tamarm, )
February 3, 2022 Filing 1490 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 2/3/2022 re #1430 MOTION Approval of Form and Manner of Notice to Class and Appoint Notice Administrator filed by All End Payer Plaintiffs, #1459 MOTION for Protective Order and Proposed Order filed by All End Payer Plaintiffs. Matter came on for hearing on pending Motions for Protective Order (#1459) and to Approve Form and Manner of Notice & Appoint Notice Administrator by all EPPS (#1430). See attached list of counsel present via zoom for the hearing. Counsel first argued the motion regarding notice (#1430). Court to issue an order. Counsel then argued the motion for protective order (#1459). Court to issue an order. Court took up several housekeeping matters. Hearing adjourned. (Attachments: #1 List of Counsel, #2 List of Counsel) (Court Reporter Jody Stewart, OCR.)(cdod, )
February 3, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1475 Joint MOTION for Entry of Stipulated Agreed Order on Defendants' Names and Docket and Memorandum in Support (tamarm, )
January 31, 2022 Filing 1489 TRANSCRIPT of videoconference proceedings held on 1/27/2022, before Judge Douglas E. Miller, Court Reporter/Transcriber Paul McManus, Telephone number 757-222-7077. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 Redaction Request due 3/2/2022. Redacted Transcript Deadline set for 4/4/2022. Release of Transcript Restriction set for 5/2/2022.(mcmanus, paul)
January 28, 2022 Opinion or Order Filing 1488 ORDER granting #1483 Motion to Withdraw as Attorney. Attorneys Edward Takashima, Katherine Marie Cheng, and Abby Dennis terminated. Signed by Magistrate Judge Douglas E. Miller on 1/28/22. (bpet, )
January 28, 2022 Opinion or Order Filing 1487 ORDER. United and any other plaintiff asserting Vytorin claims may amend their complaints by 2/9/22. Defendants are directed to file Rule 12 motions by 2/23/22. The parties are directed to abide by the briefing schedules specified herein. Signed by Magistrate Judge Douglas E. Miller on 1/28/22. (bpet, )
January 28, 2022 MOTIONS REFERRED to Magistrate Judge Douglas E. Miller: #1459 MOTION for Protective Order. (bpet, )
January 27, 2022 Filing 1486 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 1/27/2022 re #1282 MOTION to Dismiss for Failure to State a Claim Against United Healthcare Services, Inc.'s Claims for Damages Based on Purchases of Vytorin filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. Matter came on for hearing on pending Motion to Dismiss for Failure to State a Claim (#1282). List of counsel present attached. Counsel argued the motion and responded to questions by the Court. The Court takes the matter under advisement. A short order will be entered extending the briefing schedule and then a Report and Recommendation will be issued once all briefing is completed on the motions to dismiss. Hearing adjourned. (Attachments: #1 List of Participating Counsel) (Court Reporter Paul McManus, OCR.)(cdod, )
January 27, 2022 Filing 1485 REPLY to Response to Motion re #1459 MOTION for Protective Order and Proposed Order filed by All End Payer Plaintiffs. (Cales, James)
January 27, 2022 Opinion or Order Filing 1484 ORDER granting #1482 Motion for Pro hac vice for William Bornstein as to United Healthcare Services, Inc. Signed by District Judge Rebecca Beach Smith on 1/27/22. (tlev, )
January 27, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1483 MOTION to Withdraw as Attorney Abby Dennis, Edward Takashima, and Katherine Cheng (tamarm, )
January 26, 2022 Filing 1483 MOTION to Withdraw as Attorney Abby Dennis, Edward Takashima, and Katherine Cheng by United Healthcare Services, Inc.. (Attachments: #1 Proposed Order)(Neuhardt, Amy)
January 26, 2022 Filing 1482 Second Motion to appear Pro Hac Vice by William Bornstein and Certification of Local Counsel Amy Neuhardt by United Healthcare Services, Inc.. (Neuhardt, Amy)
January 26, 2022 Notice of Correction re #1481 Motion to appear Pro Hac Vice by William Bornstein and Certification of Local Counsel Amy Neuhardt Filing fee $ 75, receipt number AVAEDC-8211507. The motion does not contain the signature of the applicant. Local counsel should file a corrected motion that includes the written signature of the applicant. Counsel should not pay a second fee. (tlev, )
January 25, 2022 Filing 1481 Motion to appear Pro Hac Vice by William Bornstein and Certification of Local Counsel Amy Neuhardt Filing fee $ 75, receipt number AVAEDC-8211507. by United Healthcare Services, Inc.. (Neuhardt, Amy)
January 25, 2022 Filing 1480 REPORT AND RECOMMENDATION re #1354 MOTION to Certify Class filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. Signed by Magistrate Judge Douglas E. Miller on 1/24/2022. (tamarm, )
January 25, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1470 MOTION to Seal Portions of Presentation Slides from Hearing, #1464 MOTION to Seal (Defendants' Motion For Leave To Seal Portions Of Defendants' Objection And Response To Direct Purchaser Plaintiffs' "Notice On Joinder Plaintiffs In Modafinil And Androgel) (filed by both Merck and Glenmark Defendants) (tamarm, )
January 21, 2022 Filing 1479 RESPONSE to Motion re #1459 MOTION for Protective Order and Proposed Order / Opposition to End-Payor Plaintiffs' Motion for a Protective Order filed by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Attachments: #1 Declaration of Diane Shrewsbury)(Spain, Brett)
January 21, 2022 Filing 1478 RESPONSE to Motion re #1459 MOTION for Protective Order and Proposed Order (Defendants' Response To End-Payor Plaintiffs' Motion For Protective Order )(filed for Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 20, 2022 Opinion or Order Filing 1477 ORDER denying #1453 Motion for Leave to File Supplemental Brief. Signed by District Judge Rebecca Beach Smith on 1/20/2022. (tamarm, )
January 19, 2022 Filing 1476 TRANSCRIPT of Proceedings held on 1/4/2022, before Judge Douglas E. Miller, Court Reporter/Transcriber Paul McManus, Telephone number 757-222-7077. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 Redaction Request due 2/18/2022. Redacted Transcript Deadline set for 3/21/2022. Release of Transcript Restriction set for 4/19/2022.(mcmanus, paul)
January 18, 2022 Filing 1475 Joint MOTION for Entry of Stipulated Agreed Order on Defendants' Names and Docket and Memorandum in Support by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 12, 2022 Set Deadlines as to #1430 MOTION Approval of Form and Manner of Notice to Class and Appoint Notice Administrator . Motion Hearing set for 2/3/2022 at 10:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
January 12, 2022 Notice of Correction re #1463 NOTICE - Withdrawal of Appearance. Pursuant to Local Civil Rule 83.1(G) - No attorney who has entered an appearance shall withdraw such appearance except on order of the Court. Please file a Motion to Withdraw Appearance. (tamarm, )
January 11, 2022 Filing 1474 Sealed Attachment/Exhibit(s) re #1470 MOTION to Seal Portions of Presentation Slides from Hearing. (Attachments: #1 Exhibit 2 (SEALED))(Noona, Stephen)
January 11, 2022 Filing 1473 Declaration re #1471 Memorandum in Support (of Meredith S. Simons) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 11, 2022 Filing 1472 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1470 MOTION to Seal Portions of Presentation Slides from Hearing (Noona, Stephen)
January 11, 2022 Filing 1471 Memorandum in Support re #1470 MOTION to Seal Portions of Presentation Slides from Hearing filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 11, 2022 Filing 1470 MOTION to Seal Portions of Presentation Slides from Hearing by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2 (Public Version))(Noona, Stephen)
January 11, 2022 Filing 1469 Sealed Document re #1468 Objection, #1464 MOTION to Seal (Defendants' Motion For Leave To Seal Portions Of Defendants' Objection And Response To Direct Purchaser Plaintiffs' "Notice On Joinder Plaintiffs In Modafinil And Androgel) (filed by both Merck and Glenmark Defen. (Noona, Stephen)
January 11, 2022 Filing 1468 Objection to #1457 NOTICE, (Defendants' Objection And Response To Direct Purchaser Plaintiffs' "Notice On Joinder Plaintiffs In Modafinil And Androgel" (filed by both Merck and Glenmark Defendants) (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 11, 2022 Filing 1467 Declaration re #1465 Memorandum in Support, of Meredith S. Simons by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 11, 2022 Filing 1466 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1464 MOTION to Seal (Defendants' Motion For Leave To Seal Portions Of Defendants' Objection And Response To Direct Purchaser Plaintiffs' "Notice On Joinder Plaintiffs In Modafinil And Androgel) (filed by both Merck and Glenmark Defen (Noona, Stephen)
January 11, 2022 Filing 1465 Memorandum in Support re #1464 MOTION to Seal (Defendants' Motion For Leave To Seal Portions Of Defendants' Objection And Response To Direct Purchaser Plaintiffs' "Notice On Joinder Plaintiffs In Modafinil And Androgel) (filed by both Merck and Glenmark Defen filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 11, 2022 Filing 1464 MOTION to Seal (Defendants' Motion For Leave To Seal Portions Of Defendants' Objection And Response To Direct Purchaser Plaintiffs' "Notice On Joinder Plaintiffs In Modafinil And Androgel) (filed by both Merck and Glenmark Defendants) ) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 11, 2022 Filing 1463 NOTICE by United Healthcare Services, Inc. Withdrawal of Appearance of Abby Dennis (Neuhardt, Amy)
January 11, 2022 Opinion or Order Filing 1462 ORDER granting #1461 Motion for Pro hac vice for Michael Scott Mitchell as to United Healthcare Services, Inc. Signed by District Judge Rebecca Beach Smith on 1/11/22. (tlev, )
January 7, 2022 Filing 1461 Motion to appear Pro Hac Vice by Michael S. Mitchell and Certification of Local Counsel Amy L. Neuhardt Filing fee $ 75, receipt number AVAEDC-8185200. by United Healthcare Services, Inc.. (Neuhardt, Amy)
January 7, 2022 Filing 1460 Memorandum in Support re #1459 MOTION for Protective Order and Proposed Order filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit Declaration of M. Buchman, #2 Exhibit)(Cales, James)
January 7, 2022 Filing 1459 MOTION for Protective Order and Proposed Order by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James)
January 7, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1430 MOTION Approval of Form and Manner of Notice to Class and Appoint Notice Administrator (tamarm, )
January 6, 2022 Filing 1457 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated Direct Purchaser Plaintiffs' Notice on Joinder Plaintiffs in Modafinil and Androgel (Monroe, William)
January 6, 2022 Set Deadlines as to #1282 MOTION to Dismiss for Failure to State a Claim Against United Healthcare Services, Inc.'s Claims for Damages Based on Purchases of Vytorin. Motion Hearing set for 1/27/2022 at 10:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
January 4, 2022 Filing 1458 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 1/4/2022 re #1354 MOTION to Certify Class filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 List of Counsel) Matter came on for hearing on pending Motion to Certify Class (#1354). Present via zoom were counsel for all parties (list attached). Tom Sobol, counsel for Direct Purchaser Plaintiffs argued the motion. Chris Dusseault, counsel for Merck responded, as did Steven Reed, counsel for Glenmark. The Court took the matter under consideration and will issue a Report and Recommendation. Hearing adjourned. (Court Reporter Paul McManus, OCR.)(cdod, )
December 29, 2021 Filing 1456 REPLY to Response to Motion re #1453 MOTION for Leave to File A Supplemental Brief in Further Support of its Objections to the November 1, 2021 Report and Recommendation on Plaintiffs' Motion for Partial Summary Judgment on Market Definition filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
December 24, 2021 Filing 1455 Opposition to #1453 MOTION for Leave to File A Supplemental Brief in Further Support of its Objections to the November 1, 2021 Report and Recommendation on Plaintiffs' Motion for Partial Summary Judgment on Market Definition filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
December 22, 2021 Filing 1454 Memorandum in Support re #1453 MOTION for Leave to File A Supplemental Brief in Further Support of its Objections to the November 1, 2021 Report and Recommendation on Plaintiffs' Motion for Partial Summary Judgment on Market Definition filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Exhibit 1 - Supplemental Brief)(Ottinger, Richard)
December 22, 2021 Filing 1453 MOTION for Leave to File A Supplemental Brief in Further Support of its Objections to the November 1, 2021 Report and Recommendation on Plaintiffs' Motion for Partial Summary Judgment on Market Definition by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Proposed Order Proposed Order)(Ottinger, Richard)
December 16, 2021 Filing 1452 Request for Hearing by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1430 MOTION Approval of Form and Manner of Notice to Class and Appoint Notice Administrator (Ottinger, Richard)
December 16, 2021 Opinion or Order Filing 1451 JOINT STIPULATION ORDER REGARDING ISSUES DECIDED re ECF #1444 Motion. Signed by Magistrate Judge Douglas E. Miller on 12/16/21. (afar)
December 16, 2021 Opinion or Order Filing 1450 JOINT STIPULATION ORDER REGARDING ISSUES DECIDED re ECF #1443 Motion. Signed by Magistrate Judge Douglas E. Miller on 12/16/21. (afar)
December 16, 2021 Opinion or Order Filing 1449 JOINT STIPULATION ORDER REGARDING ISSUES DECIDED. Signed by Magistrate Judge Douglas E. Miller on 12/16/21. (afar)
December 16, 2021 Opinion or Order Filing 1448 JOINT SCHEDULING ORDER. Signed by Magistrate Judge Douglas E. Miller on 12/16/21. (afar)
December 16, 2021 Opinion or Order Filing 1447 ORDER granting #1396 Motion for Confirmation that Pretrial Order No. 9 is Inapplicable to the Transferred Cases; ORDER ENTERED AS MODIFIED BY THE COURT. ORDERED that Kaiser's, Humana's, and the Centene Companies' actions are not governed by the schedule and related obligations set forth in Pretrial Order No. 9. Signed by Magistrate Judge Douglas E. Miller on 12/16/21. (bpet, )
December 15, 2021 Filing 1446 END PAYOR PLAINTIFFS' NOTICE OF REQUEST FOR RULING WITHOUT A HEARING by All End Payer Plaintiffs re #1430 MOTION Approval of Form and Manner of Notice to Class and Appoint Notice Administrator (Cales, James)
December 15, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1441 Joint MOTION Entry of Scheduling Order , #1443 Joint MOTION Entry of order regarding Joint Stipulation Joint Motion for Entry of Joint Stipulation Regarding Issues Decided and Memorandum in Support, #1442 Joint MOTION Entry of Order regarding Joint Stipulation Joint Motion for Entry of Joint Stipulation Regarding Issues Decided and Memorandum in Support, #1444 Joint MOTION Entry of order regarding Joint Stipulation Joint Motion for Entry of Joint Stipulation Regarding Issues Decided and Memorandum in Support (tamarm, )
December 14, 2021 Filing 1445 Rebuttal Brief re #1430 MOTION Approval of Form and Manner of Notice to Class and Appoint Notice Administrator filed by All End Payer Plaintiffs. (Cales, James)
December 10, 2021 Filing 1444 Joint MOTION Entry of order regarding Joint Stipulation Joint Motion for Entry of Joint Stipulation Regarding Issues Decided and Memorandum in Support by CENTENE CORPORATION, HEALTH NET, LLC, NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Attachments: #1 Exhibit A)(Spain, Brett)
December 10, 2021 Filing 1443 Joint MOTION Entry of order regarding Joint Stipulation Joint Motion for Entry of Joint Stipulation Regarding Issues Decided and Memorandum in Support by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Exhibit A)(Spain, Brett)
December 10, 2021 Filing 1442 Joint MOTION Entry of Order regarding Joint Stipulation Joint Motion for Entry of Joint Stipulation Regarding Issues Decided and Memorandum in Support by Humana Inc. (Attachments: #1 Exhibit A)(Spain, Brett)
December 10, 2021 Filing 1441 Joint MOTION Entry of Scheduling Order by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Attachments: #1 Exhibit Joint Proposed Scheduling Order)(Spain, Brett)
December 8, 2021 Filing 1440 Declaration re #1439 Opposition, (of Eric J. Stock) (filed on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
December 8, 2021 Filing 1439 Opposition to #1430 MOTION Approval of Form and Manner of Notice to Class and Appoint Notice Administrator (Defendants' Opposition To End-Payor Plaintiffs' Motion For Entry Of An Order To Approve The Form And Manner Of Notice For The End-Payor Class )(filed by Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
December 3, 2021 Opinion or Order Filing 1438 ORDER granting #1436 Motion Seeking Leave of Court to Allow Filing of One Omnibus Brief. Purchaser Plaintiffs may submit one omnibus brief of no longer than 45 pages in response to both Glenmark's objection (ECF No. 1419) and Merck's objection (ECF No. 1423). Signed by Magistrate Judge Douglas E. Miller on 12/3/2021. (tamarm, )
December 3, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1436 Consent MOTION Seek Leave of Court Allowing Purchasers to File One Omnibus Brief in Response to Defendants' Objections to the Court's Report and Recommendation re #1423 Objection to Report and Recommendations, #1419 Objection to Report (tamarm, )
December 2, 2021 Filing 1437 Opposition to #1423 Objection to Report and Recommendations, #1419 Objection to Report and Recommendations Granting Partial Summary Judgment Concerning the Relevant Market filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit A.)(Monroe, William)
December 2, 2021 Filing 1436 Consent MOTION Seek Leave of Court Allowing Purchasers to File One Omnibus Brief in Response to Defendants' Objections to the Court's Report and Recommendation re #1423 Objection to Report and Recommendations, #1419 Objection to Report and Recommendations by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
December 2, 2021 Opinion or Order Filing 1435 ORDER granting #1433 Motion to Withdraw as Attorney. Attorney Nicholas Urban terminated. Signed by Magistrate Judge Douglas E. Miller on 12/2/2021. (tamarm, )
December 1, 2021 Filing 1434 Response to #1428 NOTICE of Supplemental Authority filed by United Healthcare Services, Inc.. (Neuhardt, Amy)
December 1, 2021 Filing 1433 MOTION to Withdraw as Attorney Nicholas Urban by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
December 1, 2021 Notice of Correction re #1432 NOTICE. Pursuant to Local Rule 83.1(G), no attorney shall withdraw an appearance except on order of the Court. Please file an appropriate Motion to Withdraw. (tamarm, )
December 1, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1433 MOTION to Withdraw as Attorney Nicholas Urban (tamarm, )
November 30, 2021 Filing 1432 NOTICE by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated of the Withdrawal of Appearance of Counsel - Nicholas Urban (Monroe, William)
November 24, 2021 Filing 1431 Memorandum of Law in Support re #1430 MOTION For Entry of An Order to Approve the Form and Manner of Notice, and Appoint Notice Administrator filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit L. Young Declaration)(Cales, James) Modified text on 11/26/2021 (tamarm, ).
November 24, 2021 Filing 1430 MOTION for Entry of An Order to Approve the Form and Manner of Notice and Appoint Notice Administrator by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James) Modified text on 11/26/2021 (tamarm, ).
November 24, 2021 Filing 1429 MOTION Approval of Form and Manner of Notice to Class and Appoint Notice Administrator . (Attachments: # 1 Proposed Order)Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00035-RBS-DEM, 2:18-cv-00039-RBS-DEM, 2:18-cv-00071-RBS-DEM, 2:18-cv-00108-RBS-DEM, 2:18-cv-00116-RBS-DEM, 2:18-cv-00130-RBS-DEM, 2:18-cv-00213-RBS-DEM, 2:18-cv-00232-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00352-RBS-DEM, 2:18-cv-00403-RBS-DEM, 2:18-cv-00423-RBS-DEM, 2:18-cv-00439-RBS-DEM, 2:18-cv-01000-RBS-DEM, 2:18-cv-01001-RBS-DEM, 2:18-cv-01002-RBS-DEM, 2:18-cv-01003-RBS-DEM, 2:18-cv-01004-RBS-DEM, 2:20-cv-01005-RBS-DEM, 2:21-cv-01006-RBS-DEM, 2:21-cv-01007-RBS-DEM, 2:21-cv-01008-RBS-DEM(Cales, James) Modified on 11/26/2021; document removed - refiled at ECF #1430 (tamarm, ).
November 24, 2021 Filing 1428 NOTICE by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd. re #1283 Memorandum in Support, Notice of Supplemental Authority in Support of its Motion to Dismiss (Attachments: #1 Exhibit A)(Ottinger, Richard)
November 24, 2021 Opinion or Order Filing 1427 ORDER granting #1420 Motion to Seal. Signed by Magistrate Judge Douglas E. Miller on 11/24/21. (bpet, )
November 23, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1420 MOTION to Seal Certain Documents related to Objections (tamarm, )
November 18, 2021 Opinion or Order Filing 1426 ORDER granting #1425 Motion for Extension of Time to File Response. The Plaintiffs' deadline for filing a response to Defendants' Objections to the 11/1/2021 Report and Recommendation Granting Partial Summary Judgment regarding the Relevant Market is extended 3 days, from 11/29/2021 to 12/2/2021. Signed by District Judge Rebecca Beach Smith on 11/18/2021. (tamarm, )
November 17, 2021 Filing 1425 Consent MOTION for Extension of Time to File Response/Reply as to #1423 Objection to Report and Recommendations, #1419 Objection to Report and Recommendations by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
November 17, 2021 Set Deadlines as to #1354 MOTION to Certify Class . Motion Hearing set for 1/4/2022 at 10:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
November 15, 2021 Filing 1424 Sealed Document re #1420 MOTION to Seal Certain Documents related to Objections, #1423 Objection to Report and Recommendations,. (Noona, Stephen)
November 15, 2021 Filing 1423 OBJECTION to #1391 Report and Recommendations (The Merck Defendants' Objections To The Report And Recommendation Granting Partial Summary Judgment Concerning The Relevant Market)(Public Version) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
November 15, 2021 Filing 1422 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1420 MOTION to Seal Certain Documents related to Objections (Noona, Stephen)
November 15, 2021 Filing 1421 Memorandum in Support re #1420 MOTION to Seal Certain Documents related to Objections filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
November 15, 2021 Filing 1420 MOTION to Seal Certain Documents related to Objections by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
November 15, 2021 Filing 1419 OBJECTION to #1391 Report and Recommendations by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
November 8, 2021 Opinion or Order Filing 1418 ORDER re #1354 MOTION to Certify Class filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. It is ORDERED that United States Magistrate Judge Douglas E. Miller, is designated to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned district judge proposed findings of fact, if applicable, and recommendations for the disposition of the Motion. Signed by District Judge Rebecca Beach Smith on 11/8/2021. (tamarm, )
November 8, 2021 Opinion or Order Filing 1417 ORDER granting #1412 Motion for Pro hac vice for Daniel Allen Sasse as to CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION and WELLCARE HEALTH PLANS, INC. Signed by District Judge Rebecca Beach Smith on 11/8/21. (tlev, )
November 8, 2021 Opinion or Order Filing 1416 ORDER granting #1411 Motion for Pro hac vice for Mark M. Supko as to CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION and WELLCARE HEALTH PLANS, INC. Signed by District Judge Rebecca Beach Smith on 11/8/21. (tlev, )
November 8, 2021 Opinion or Order Filing 1415 ORDER granting #1410 Motion for Pro hac vice for Tiffanie L. McDowell as to CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION and WELLCARE HEALTH PLANS, INC. Signed by District Judge Rebecca Beach Smith on 11/8/21. (tlev, )
November 8, 2021 Opinion or Order Filing 1414 ORDER granting #1409 Motion for Pro hac vice for Diane A. Shrewsbury as to CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION and WELLCARE HEALTH PLANS, INC. Signed by District Judge Rebecca Beach Smith on 11/8/21. (tlev, )
November 8, 2021 Opinion or Order Filing 1413 ORDER granting #1375 Motion to Seal entered as modified by the Court. The Clerk is directed to maintain under seal the Portions of Defendants Opposition to Class Certification. The sealed material shall remain sealed until 45 days after the final resolution of this matter and then, be returned to counsel. Signed by Magistrate Judge Douglas E. Miller on 11/8/2021. (tamarm, )
November 5, 2021 Filing 1412 Motion to appear Pro Hac Vice by Daniel A. Sasse and Certification of Local Counsel Brett A. Spain Filing fee $ 75, receipt number AVAEDC-8089409. by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
November 5, 2021 Filing 1411 Motion to appear Pro Hac Vice by Mark M. Supko and Certification of Local Counsel Brett A. Spain Filing fee $ 75, receipt number AVAEDC-8087617. by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
November 5, 2021 Filing 1410 Motion to appear Pro Hac Vice by Tiffanie L. McDowell and Certification of Local Counsel Brett A. Spain Filing fee $ 75, receipt number AVAEDC-8087605. by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
November 5, 2021 Filing 1409 Motion to appear Pro Hac Vice by Diane A. Shrewsbury and Certification of Local Counsel Brett A. Spain Filing fee $ 75, receipt number AVAEDC-8087568. by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
November 5, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1387 MOTION to Seal Portions of Reply In Support of Direct Purchaser Class Plaintiffs Renewed Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol In Support (tamarm, )
November 4, 2021 Filing 1408 WAIVER OF SERVICE Returned Executed for Schering-Plough Corporation by NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC., CENTENE CORPORATION, HEALTH NET, LLC. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1407 WAIVER OF SERVICE Returned Executed for Schering Corporation by NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC., CENTENE CORPORATION, HEALTH NET, LLC. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1406 WAIVER OF SERVICE Returned Executed for Glenmark Pharmaceuticals Ltd. by NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC., CENTENE CORPORATION, HEALTH NET, LLC. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1405 WAIVER OF SERVICE Returned Executed for Merck & Company, Inc. by NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC., CENTENE CORPORATION, HEALTH NET, LLC. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1404 WAIVER OF SERVICE Returned Executed for Merck Sharp & Dohme Corporation by NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC., CENTENE CORPORATION, HEALTH NET, LLC. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1403 WAIVER OF SERVICE Returned Executed for Glenmark Pharmaceuticals Ltd. by Humana Inc. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1402 WAIVER OF SERVICE Returned Executed for Schering-Plough Corporation by Humana Inc. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1401 WAIVER OF SERVICE Returned Executed for Merck & Company, Inc. by Humana Inc. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1400 WAIVER OF SERVICE Returned Executed for Merck Sharp & Dohme Corporation by Humana Inc. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1399 WAIVER OF SERVICE Returned Executed for Schering Corporation by Humana Inc. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1398 RESPONSE in Support re #1387 MOTION to Seal Portions of Reply In Support of Direct Purchaser Class Plaintiffs Renewed Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol In Support (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
November 4, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1396 Consent MOTION Confirmation that Pretrial Order No. 9 is inapplicable to the filing parties' transferred cases re #1348 Order (tamarm, )
November 3, 2021 Filing 1397 Memorandum in Support re #1396 Consent MOTION Confirmation that Pretrial Order No. 9 is inapplicable to the filing parties' transferred cases re #1348 Order,,, filed by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
November 3, 2021 Filing 1396 Consent MOTION Confirmation that Pretrial Order No. 9 is inapplicable to the filing parties' transferred cases re #1348 Order,,, by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Attachments: #1 Proposed Order)(Spain, Brett)
November 3, 2021 Filing 1395 NOTICE of Appearance by Bethany Jean Fogerty on behalf of CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC. (Fogerty, Bethany)
November 3, 2021 Filing 1394 NOTICE of Appearance by Brett Alexander Spain on behalf of CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC. (Spain, Brett)
November 3, 2021 Opinion or Order Filing 1393 AGREED ORDER GRANTING JOINT MOTION AND MEMORANDUM IN SUPPORT OF JOINT MOTION TO SEAL AND REMOVE PUBLIC ACCESS TO THE VERSION OF EXHIBIT L AT ECF [1057-12] re #1372 Motion to Seal. The Motion to Seal and Remove Public Access to Exhibit L is GRANTED. The Clerk is directed to seal and remove from public access Exhibit L (ECF 1057-12). Signed by Magistrate Judge Douglas E. Miller on 11/3/2021. (tamarm, )
November 3, 2021 Opinion or Order Filing 1392 AGREED ORDER GRANTING JOINT MOTION AND MEMORANDUM IN SUPPORT OF JOINT MOTION TO SEAL AND REMOVE PUBLIC ACCESS TO CERTAIN DOCUMENTS - re #1370 Motion to Seal. The Clerk is directed to seal and remove public access from the following pleadings: Purchasers' Consolidated Opposition to Merck and Glenmark's Motions for Summary Judgment (filed at ECF 1155); Exhibit PX044 (filed at ECF 1148-4); Exhibit PX045 (filed at ECF 1148-5); Exhibit PX054 (filed at ECF 1148-14); Exhibit PX055 (filed at ECF 1150-1; Exhibit PX056 (filed at ECF 1150-2); Exhibit PX060 (filed at ECF 1150-6); and Exhibit PX061 (filed at ECF 1150-7). Signed by Magistrate Judge Douglas E. Miller on 11/3/2021. (tamarm, )
November 2, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1375 MOTION to Seal Certain Documents in Support of Defendants' Opposition To Direct Purchaser Plaintiffs' Renewed Motion For Class Certification (filed for Merck and Glenmark Defendants) (tamarm, )
November 1, 2021 Filing 1391 REPORT AND RECOMMENDATIONS re #1080 MOTION for Partial Summary Judgment filed by All End Payer Plaintiffs, #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, #1070 MOTION to Exclude Proposed Testimony of Anupam Jena filed by All End Payer Plaintiffs. Signed by Magistrate Judge Douglas E. Miller on 11/1/2021. (tamarm, )
October 28, 2021 Filing 1390 Memorandum in Support re #1387 MOTION to Seal Portions of Reply In Support of Direct Purchaser Class Plaintiffs Renewed Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol In Support filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
October 28, 2021 Filing 1389 Sealed Document re #1387 MOTION to Seal Portions of Reply In Support of Direct Purchaser Class Plaintiffs Renewed Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol In Support. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Monroe, William)
October 28, 2021 Filing 1388 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1387 MOTION to Seal Portions of Reply In Support of Direct Purchaser Class Plaintiffs Renewed Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol In Support (Monroe, William)
October 28, 2021 Filing 1387 MOTION to Seal Portions of Reply In Support of Direct Purchaser Class Plaintiffs Renewed Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol In Support by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William) (Attachment 1 replaced on 10/29/2021) (tamarm, ).
October 28, 2021 Filing 1386 Declaration re #1385 Reply to Response to Motion, In Support of Direct Purchaser Class Plaintiffs Renewed Motion for Class Certification by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit 1 [Redacted], #2 Exhibit 2 [Redacted], #3 Exhibit 3, #4 Exhibit 4)(Monroe, William)
October 28, 2021 Filing 1385 REPLY to Response to Motion re #1354 MOTION to Certify Class filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
October 22, 2021 Filing 1384 Sealed Attachment/Exhibit(s) re #1375 MOTION to Seal Certain Documents in Support of Defendants' Opposition To Direct Purchaser Plaintiffs' Renewed Motion For Class Certification (filed for Merck and Glenmark Defendants), #1380 Declaration,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Noona, Stephen)
October 22, 2021 Filing 1383 Sealed Response/Reply/Opposition re #1379 Memorandum in Opposition, #1375 MOTION to Seal Certain Documents in Support of Defendants' Opposition To Direct Purchaser Plaintiffs' Renewed Motion For Class Certification (filed for Merck and Glenmark Defendants). (Noona, Stephen)
October 22, 2021 Filing 1382 Declaration re #1379 Memorandum in Opposition, (of Dmitrey Kuznetsov) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 22, 2021 Filing 1381 Declaration re #1379 Memorandum in Opposition, (of Jim Curotto) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 22, 2021 Filing 1380 Declaration re #1379 Memorandum in Opposition, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1(Public Version), #2 Exhibit 2 (Public Version), #3 Exhibit 3 (Public Version))(Noona, Stephen)
October 22, 2021 Filing 1379 Memorandum in Opposition re #1354 MOTION to Certify Class (Defendants' Opposition To Direct Purchaser Plaintiffs' Renewed Motion For Class Certification (filed for Merck and Glenmark Defendants) (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 22, 2021 Filing 1378 Declaration re #1376 Memorandum in Support, OF MEREDITH S. SIMONS by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 22, 2021 Filing 1377 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1375 MOTION to Seal Certain Documents in Support of Defendants' Opposition To Direct Purchaser Plaintiffs' Renewed Motion For Class Certification (filed for Merck and Glenmark Defendants) (Noona, Stephen)
October 22, 2021 Filing 1376 Memorandum in Support re #1375 MOTION to Seal Certain Documents in Support of Defendants' Opposition To Direct Purchaser Plaintiffs' Renewed Motion For Class Certification (filed for Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 22, 2021 Filing 1375 MOTION to Seal Certain Documents in Support of Defendants' Opposition To Direct Purchaser Plaintiffs' Renewed Motion For Class Certification (filed for Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (proposed order))(Noona, Stephen)
October 22, 2021 Filing 1374 NOTICE of Appearance by Amy Lynn Neuhardt on behalf of United Healthcare Services, Inc. (Neuhardt, Amy)
October 18, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1372 Joint MOTION to Seal and #1370 Joint MOTION to Seal (tamarm, )
October 15, 2021 Filing 1373 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1372 Joint MOTION to Seal Joint Motion and Memorandum in Support of Joint Motion to Seal and Remove Public Access to Certain Documents Per Order ECF No. 1331, #1331 Order on Motion to Seal, (Noona, Stephen)
October 15, 2021 Filing 1372 Joint MOTION to Seal Joint Motion and Memorandum in Support of Joint Motion to Seal and Remove Public Access to Certain Documents Per Order ECF No. 1331 by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
October 15, 2021 Filing 1371 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1340 Order on Motion to Seal, #1370 Joint MOTION to Seal Joint Motion and Memorandum in Support of Joint Motion to Seal and Remove Public Access to Certain Documents Per Order ECF No. 1340 (Noona, Stephen)
October 15, 2021 Filing 1370 Joint MOTION to Seal Joint Motion and Memorandum in Support of Joint Motion to Seal and Remove Public Access to Certain Documents Per Order ECF No. 1340 by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
October 12, 2021 Opinion or Order Filing 1369 MEMORANDUM ORDER - Defendants' Objections ECF #1318 and #1319 are OVERRULED, and the Magistrate Judge's well-reasoned Order Granting Plaintiffs' Motion to Exclude Portions of the Proposed Testimony of Mark Robins is AFFIRMED. Signed by District Judge Rebecca Beach Smith on 10/12/2021. (tamarm, )
October 8, 2021 Filing 1368 CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-4) Entered by The United States Judicial Panel of Multi-District Litigation. The actions on the attached schedule are transferred under 28:1407 to the Eastern District of Virginia for the reasons stated in the order of June 8, 2018, and, with the consent of that court, assigned to the Honorable Rebecca Beach Smith. (tamarm, )
October 4, 2021 Opinion or Order Filing 1367 ORDER granting #1362 Motion to Withdraw as Attorney. Attorney Teri Josie Diaz terminated. Signed by Magistrate Judge Douglas E. Miller on 10/4/2021. (tamarm, )
October 4, 2021 Filing 1366 TRANSCRIPT of proceedings held on 9-30-2021, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. 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 Redaction Request due 11/3/2021. Redacted Transcript Deadline set for 12/6/2021. Release of Transcript Restriction set for 1/3/2022.(stewart, jody)
October 1, 2021 Filing 1365 Memorandum in Support re #1362 MOTION to Withdraw as Attorney filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Diaz, Teri)
October 1, 2021 Notice of Correction re #1362 MOTION to Withdraw as Attorney. Document number #1362 contains a Memorandum in Support attached to the Motion. The Motion and the Memorandum must be filed as separate docket entries. Please refile the Memorandum in Support as a separate docket entry using its respective event. (tamarm, )
October 1, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1362 MOTION to Withdraw as Attorney (tamarm, )
September 30, 2021 Opinion or Order Filing 1364 Order of USCA denying the petition for permission to appeal. [21-258] (tamarm, )
September 30, 2021 Filing 1363 Minute Entry for Zoom Conference re Order Directing briefing #1323 held 9/30/21 before Magistrate Judge Douglas E. Miller. Present on behalf of Plaintiff were William Monroe, Thomas Sobol, Ellen Noteware, Marc Greco, Rachel Downey, Erin Burns, Barry Refsin, Edward Takashima, Katherine Cheng. Present on behalf of Defendants were Stephen Noona, Christopher Dusseault, Brendan Fee, Richard Ottinger, Steven Reed, Zachary Johns. Argument by Mr. Dusseault and Mr.Sobol as to proposed depositions of declarants. The Court directs declarants submit to depositions, Mr. Empson for two hours, Mr. Emmanuelli for three hours, Judge Scheindlin for four hours, with limitations as outlined on the record. The depositions may be done by Zoom. The deposition of Ms. Downey will not be allowed at this time but instead Defendants should try to replicate what she had done. If that cant be done, the parties are directed to make that part of their briefing and it will be taken into consideration. Depositions are to be completed by 10/22/21.The Court thanks the parties for their continued cooperation in the matter. Court in recess. (Court Reporter Jody Stewart, OCR.)(lwoo)
September 30, 2021 Filing 1362 MOTION to Withdraw as Attorney by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: # 1 Memorandum in Support of Motion for Withdrawal, #2 Proposed Order)(Diaz, Teri) Modified on 10/1/2021; Attachment # 1 Memorandum in Support of Motion for Withdrawal removed; refiled at #1365 (tamarm, ).
September 30, 2021 Hearing re #1321 set for 9/30/2021 at 02:30 PM in Norfolk Remote w/OCR before Magistrate Judge Douglas E. Miller. (lwoo)
September 29, 2021 Filing 1361 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1340 Order on Motion to Seal Notice of Filing Unsealed/Unredacted Exhibits Per Order ECF 1340 Granting Motion to Seal (ECF 1126) (Attachments: #1 Exhibit PX041, #2 Exhibit PX044, #3 Exhibit PX045, #4 Exhibit PX054, #5 Exhibit PX055, #6 Exhibit PX056, #7 Exhibit PX057, #8 Exhibit PX058, #9 Exhibit PX060, #10 Exhibit PX061, #11 Exhibit PX064, #12 Exhibit PX066, #13 Exhibit PX069, #14 Exhibit PX070, #15 Exhibit PX071, #16 Exhibit PX072, #17 Exhibit PX073, #18 Exhibit PX075, #19 Exhibit Direct Purchasers' Opposition to Defendants' Motions for Summary Judgment)(Greco, Marc)
September 24, 2021 Filing 1360 Declaration re #1355 Memorandum in Support, #1354 MOTION to Certify Class Declaration of Rafael Emmanuelli in Support of Direct Purchaser Plaintiffs' Renewed Motion to Certify Class by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 24, 2021 Filing 1359 Declaration re #1355 Memorandum in Support, #1354 MOTION to Certify Class Declaration of Hon. Shira A. Scheindlin (Ret.) in Support of Direct Purchaser Plaintiffs' Renewed Motion to Certify Class by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 24, 2021 Filing 1358 Declaration re #1355 Memorandum in Support, #1354 MOTION to Certify Class Declaration of Charlie Empson in Support of Direct Purchaser Plaintiffs' Renewed Motion to Certify Class by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 24, 2021 Filing 1357 Declaration re #1355 Memorandum in Support, #1354 MOTION to Certify Class Declaration of Rachel A. Downey in Support of Direct Purchaser Plaintiffs' Renewed Motion for Class Certification by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit A., #2 Exhibit B.)(Monroe, William)
September 24, 2021 Filing 1356 Declaration re #1355 Memorandum in Support, #1354 MOTION to Certify Class Declaration of Thomas M. Sobol in Support of Direct Purchaser Plaintiffs' Renewed Motion for Class Certification by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit 1. List of Class Members, #2 Exhibit 2. Map of Class Members)(Monroe, William)
September 24, 2021 Filing 1355 Memorandum in Support re #1354 MOTION to Certify Class Renewed filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 24, 2021 Filing 1354 MOTION to Certify Class by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
September 24, 2021 Opinion or Order Filing 1353 ORDER granting #1349 Motion for Pro hac vice for Rachel Downey as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 9/24/2021. (tamarm, )
September 24, 2021 Filing 1352 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1199 Declaration,, Notice of Filing Unsealed Exhibit PX225 Per Order ECF 1339 Granting Motion to Seal (ECF 1202) (Attachments: #1 Exhibit PX225 ECF 1199-6)(Monroe, William)
September 24, 2021 Filing 1351 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1086 Declaration,,,,,,, Notice of Filing Unsealed/Unredacted Exhibits Per Order ECF 1331 Granting Motion to Seal (ECF 1088) (Attachments: #1 Exhibit PX001 ECF 1086-1, #2 Exhibit PX008 ECF 1086-8, #3 Exhibit PX010 ECF 1086-10, #4 Exhibit PX011 ECF 1086-11, #5 Exhibit PX025 ECF 1086-25, #6 Exhibit PX029 ECF 1086-29)(Monroe, William)
September 24, 2021 Filing 1350 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1054 Memorandum in Support, #1057 Declaration,,,,, Notice of Filing Unsealed/Unredacted Exhibits Per Order ECF 1331 Granting Motion to Seal (ECF 1058) (Attachments: #1 Exhibit A. ECF 1057-1, #2 Exhibit E. ECF 1057-5, #3 Exhibit K. ECF ECF 1057-11, #4 Exhibit L. ECF 1057-12, #5 Exhibit M. ECF 1057-13, #6 Exhibit N. ECF 1057-14, #7 Exhibit Q. ECF 1057-17, #8 Exhibit R. ECF 1057-18, #9 Exhibit S. ECF 1057-19, #10 Exhibit T. ECF 1057-20, #11 Exhibit U. ECF 1057-21, #12 Exhibit V. ECF 1057-22, #13 Exhibit Y. ECF 1057-25, #14 Exhibit Pltfs Memorandum in Support of Motion to Preclude)(Monroe, William)
September 22, 2021 Filing 1349 Motion to appear Pro Hac Vice by Rachel Downey and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number AVAEDC-8009000. by FWK Holdings, LLC. (Monroe, William)
September 21, 2021 Opinion or Order Filing 1348 ORDER re New Transfer Case from Northern District of California, Kaiser Foundation Health Plan, Inc. v. Merck & Company, Inc., et al.; Case No.: 2:21cv1006 and Conditional Transfer Order No. 3 entered by the Judicial Panel on MDL. Counsel are directed to review the entire docket sheet in this MDL (2:18md2836). Counsel are further directed to review the Joint Stipulation Regarding Issues Decided, ECF #1293 . Counsel are further directed to confer with Class Counsel for the Direct Payer Class, Interim Class Counsel for the End Payer Class and Counsel for the Retailers and advise the court by motion if Kaiser Foundation intends to request any modification to the procedural Orders in the MDL to date. Signed by District Judge Rebecca Beach Smith on 9/21/2021. (tamarm, )
September 21, 2021 Opinion or Order Filing 1347 ORDER TERMINATING AS MOOT #1297 Motion for Protective Order. Signed by Magistrate Judge Douglas E. Miller on 9/21/2021. (tamarm, )
September 20, 2021 Filing 1346 REPLY to Response to Motion re #1318 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1315 Order on Motion to Exclude,,, (Merck's Objections To Order Granting Plaintiffs' Motion To Exclude Portions Of The Proposed Testimony Of Mark Robbins) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 20, 2021 Opinion or Order Filing 1345 ORDER GRANTING MOTION FOR WITHDRAWAL re #1343 Motion to Withdraw as Attorney. It is ORDERED that Jennifer L. Eaton is granted leave to withdraw as counsel for Glenmark in this action and that the Clerk's Office remove her name from the list of individuals who receive notices through the CM/ECF system for this case. Signed by District Judge Rebecca Beach Smith on 9/20/2021. (tamarm, )
September 20, 2021 Filing 1344 Memorandum in Support re #1343 MOTION to Withdraw as Attorney Jennifer L. Eaton filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Eaton, Jennifer)
September 20, 2021 Filing 1343 MOTION to Withdraw as Attorney Jennifer L. Eaton by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order Proposed Order)(Eaton, Jennifer)
September 17, 2021 Filing 1342 Certified Copy of Conditional Transfer Order (CTO-3) Entered by The United States Judicial Panel of Multi-District Litigation MDL No. 2836. The action on the attached schedule is transferred under 28:1407 to the Eastern District of Virginia for the reasons stated in the order of June 8, 2018, and, with the consent of that court, assigned to the Honorable Rebecca Beach Smith. Filed nunc pro tunc 8/4/2021. (tamarm, )
September 14, 2021 Filing 1341 Response to #1318 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1315 Order on Motion to Exclude,,, (Merck's Objections To Order Granting Plaintiffs' Motion To Exclude Portions Of The Proposed Testimony Of Mark Robbins) Plaintiffs' Response to Merck's Objections filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 14, 2021 Opinion or Order Filing 1340 SEALING ORDER granting #1126 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/14/2021. (tamarm, )
September 13, 2021 Opinion or Order Filing 1339 SEALING ORDER granting #1202 Motion to Seal; granting #1209 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/13/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1338 ORDER granting #1287 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1337 ORDER re #1197 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1336 ORDER re #1174 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1335 ORDER granting #1167 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1334 ORDER granting #1132 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1333 ORDER granting #1124 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1332 ORDER granting #1115 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1331 ORDER granting #1058 Motion to Seal; granting #1088 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1330 ORDER granting #1060 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 9, 2021 Opinion or Order Filing 1329 ORDER re #1045 Motion to Seal; #1052 Motion for Joinder. Entered as modified by the Court. Signed by Magistrate Judge Douglas E. Miller on 9/9/2021. (tamarm, )
September 9, 2021 Opinion or Order Filing 1328 ORDER granting #1021 Motion to Seal. Entered as modified by the Court. Signed by Magistrate Judge Douglas E. Miller on 9/9/2021. (tamarm, )
September 9, 2021 Opinion or Order Filing 1327 ORDER granting #1011 Motion to Seal. Entered as modified by the Court. Signed by Magistrate Judge Douglas E. Miller on 9/9/2021. (tamarm, )
September 9, 2021 Opinion or Order Filing 1326 ORDER granting #1004 Motion to Seal. Signed by Magistrate Judge Douglas E. Miller on 9/9/2021. (tamarm, )
September 9, 2021 Opinion or Order Filing 1325 ORDER granting #991 Motion to Seal. Signed by Magistrate Judge Douglas E. Miller on 9/9/2021. (tamarm, )
September 8, 2021 Opinion or Order Filing 1324 ORDER AND STIPULATION re #1029 Motion (See Order for details.) Signed by Magistrate Judge Douglas E. Miller on 9/8/2021. (tamarm, )
September 8, 2021 Opinion or Order Filing 1323 ORDER DIRECTING BRIEFING - the parties are directed to confer and determine whether questions of certification can be resolved by agreement in light of the Fourth Circuit's direction. If not, Direct Purchaser Plaintiffs shall file a new request for certification. The DPP's opening brief addressing these matters shall be filed by September 24, 2021. Further briefing on the request will be governed by the page and time limits set forth in Local Civil Rule 7. Signed by Magistrate Judge Douglas E. Miller on 9/8/2021. (tamarm, )
September 3, 2021 Filing 1322 Petition of Defendants for Permission to Appeal Under Rule 23(f) from Order Granting Class Certification from USCA [21-258](tamarm, )
September 3, 2021 Filing 1321 Permission to appeal case docketed in USCA; Case Number 21-258; Case Manager Emily Borneisen.(tamarm, )
September 3, 2021 Opinion or Order Filing 1320 ORDER: It is ORDERED that U.S. Magistrate Judge Douglas E. Miller, is designated to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned district judge proposed findings of fact, if applicable, and recommendations for the disposition of #1282 MOTION to Dismiss. Signed by District Judge Rebecca Beach Smith on 9/3/2021. (afar)
August 31, 2021 Filing 1319 NOTICE by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #1318 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1315 Order on Motion to Exclude,,, (Merck's Objections To Order Granting Plaintiffs' Motion To Exclude Portions Of The Proposed Testimony Of Mark Robbins) (GLENMARK DEFENDANTS' LIMITED JOINDER IN THE MERCK DEFENDANTS OBJECTIONS TO THE ORDER GRANTING PLAINTIFFS' MOTION TO EXCLUDE PORTIONS OF THE PROPOSED TESTIMONY OF DR. MARK ROBBINS) (Ottinger, Richard)
August 31, 2021 Filing 1318 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1315 Order on Motion to Exclude,,, (Merck's Objections To Order Granting Plaintiffs' Motion To Exclude Portions Of The Proposed Testimony Of Mark Robbins) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 26, 2021 Filing 1317 4CCA Case Number 20-2184 - Mandate (tamarm, )
August 20, 2021 Opinion or Order Filing 1316 MEMORANDUM ORDER - The Court ADOPTS AND APPROVES IN FULL the findings and recommendations set forth in the Magistrate Judge's thorough and well-reasoned R&R, ECF No. 1094. The Court GRANTS EPPs' Motion for Class Certification, ECF No. 729, and GRANTS EPPs' Motion for Leave to Modify and Limit their Class Definition, ECF No. 809, and certifies the class of third-party payors as proposed and modified by EPPs, and as delineated in the R&R. Signed by District Judge Rebecca Beach Smith on 8/20/2021. (tamarm, )
August 17, 2021 Opinion or Order Filing 1315 MEMORANDUM ORDER: The Court GRANTS Plaintiffs' Motion to Exclude Portions of the Proposed Testimony of Mark Robbins, EOF No. 1055 and EOF No. 1072, namely Robbins' interpretation of the Merck/Glenmark Settlement Agreement andRobbins' opinion that Merck and Glenmark would not have agreed to an entry date more than six months early. Signed by Magistrate Judge Douglas E. Miller on 8/17/2021. (afar)
August 16, 2021 Opinion or Order Filing 1314 MEMORANDUM ORDER denying #1034 Motion to Exclude Proposed Testimony of Luis A. Molina. Signed by Magistrate Judge Douglas E. Miller on 8/16/2021. (tamarm, )
August 16, 2021 Opinion or Order Filing 1313 MEMORANDUM ORDER granting #1031 Motion to Exclude the Proposed Testimony of Attorney Shashank Upadhye. Signed by Magistrate Judge Douglas E. Miller on 8/16/2021. (tamarm, )
August 12, 2021 Filing 1312 Withdrawal of Motion by United Healthcare Services, Inc. re #1303 MOTION to Seal the Zetia Settlement Agreement and Portions of United HealthCare's Opposition to Defendants Motion to Dismiss Plaintiffs Claims for Damages Based On Purchases of Vytorin, #1305 Notice of Filing Sealing Motion LCvR5(C), #1306 Sealed Document, #1304 Memorandum in Support, and Notice of Filing Unsealed Material (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cheng, Katherine)
August 12, 2021 Filing 1311 REPLY to Response to Motion re #1282 MOTION to Dismiss for Failure to State a Claim Against United Healthcare Services, Inc.'s Claims for Damages Based on Purchases of Vytorin filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 5, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1303 MOTION to Seal the Zetia Settlement Agreement and Portions of United HealthCare's Opposition to Defendants Motion to Dismiss Plaintiffs Claims for Damages Based On Purchases of Vytorin and #1297 MOTION for Protective Order (tamarm, )
August 4, 2021 Filing 1310 4CCA Case Number 20-2184 - Judgment. This case is remanded to the district court for further proceedings consistent with the court's decision. (tamarm, )
August 4, 2021 Filing 1309 4CCA Case Number 20-2184 - Published Opinion (tamarm, )
July 29, 2021 Filing 1308 RESPONSE to Motion re #1303 MOTION to Seal the Zetia Settlement Agreement and Portions of United HealthCare's Opposition to Defendants Motion to Dismiss Plaintiffs Claims for Damages Based On Purchases of Vytorin (Joint Response of Defendants to Motion to Seal Filed by United Healthcare Services by Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 23, 2021 Filing 1307 Memorandum in Support re #1297 MOTION for Protective Order Supplemental filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit Letter of M. Mulligan, #2 Exhibit Email of M. Mulligan)(Rashkind, Alan)
July 22, 2021 Filing 1306 Sealed Document re #1303 MOTION to Seal the Zetia Settlement Agreement and Portions of United HealthCare's Opposition to Defendants Motion to Dismiss Plaintiffs Claims for Damages Based On Purchases of Vytorin. (Attachments: #1 Exhibit A)(Cheng, Katherine)
July 22, 2021 Filing 1305 Notice of Filing Sealing Motion LCvR5(C) by United Healthcare Services, Inc. re #1303 MOTION to Seal the Zetia Settlement Agreement and Portions of United HealthCare's Opposition to Defendants Motion to Dismiss Plaintiffs Claims for Damages Based On Purchases of Vytorin (Cheng, Katherine)
July 22, 2021 Filing 1304 Memorandum in Support re #1303 MOTION to Seal the Zetia Settlement Agreement and Portions of United HealthCare's Opposition to Defendants Motion to Dismiss Plaintiffs Claims for Damages Based On Purchases of Vytorin filed by United Healthcare Services, Inc.. (Cheng, Katherine)
July 22, 2021 Filing 1303 MOTION to Seal the Zetia Settlement Agreement and Portions of United HealthCare's Opposition to Defendants Motion to Dismiss Plaintiffs Claims for Damages Based On Purchases of Vytorin by United Healthcare Services, Inc.. (Attachments: #1 Proposed Order)(Cheng, Katherine)
July 22, 2021 Filing 1302 Opposition to #1284 MOTION for Joinder in Glenmark Defendants' Motion to Dismiss Certain Allegations in Plaintiff United Healthcare Services, Inc.'s Complaint, #1282 MOTION to Dismiss for Failure to State a Claim Against United Healthcare Services, Inc.'s Claims for Damages Based on Purchases of Vytorin (Redacted) filed by United Healthcare Services, Inc.. (Attachments: #1 Exhibit A)(Cheng, Katherine)
July 22, 2021 Filing 1301 Letter to the Hon. Rebecca Beach Smith, Senior Judge, and the Hon. Douglas E. Miller, Magistrate Judge from Thomas M. Sobol, Lead Counsel for the Direct Purchaser Class. (Attachments: #1 Exhibit 1. Letter, #2 Exhibit 2. Emails)(Monroe, William)
July 22, 2021 Filing 1300 TRANSCRIPT of proceedings held on 6-30-2021, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. 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 Redaction Request due 8/23/2021. Redacted Transcript Deadline set for 9/21/2021. Release of Transcript Restriction set for 10/20/2021.(stewart, jody)
July 22, 2021 Filing 1299 TRANSCRIPT of proceedings held on 6-28-2021, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. 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 Redaction Request due 8/23/2021. Redacted Transcript Deadline set for 9/21/2021. Release of Transcript Restriction set for 10/20/2021.(stewart, jody)
July 21, 2021 Filing 1298 Memorandum in Support re #1297 MOTION for Protective Order filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit Declaration of Michael Buchman)(Rashkind, Alan)
July 21, 2021 Filing 1297 MOTION for Protective Order by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Rashkind, Alan)
July 16, 2021 Opinion or Order Filing 1296 ORDER granting #1294 Motion to Withdraw as Attorney. Attorney Jessica Johnston Taticchi terminated. Signed by Magistrate Judge Douglas E. Miller on 7/16/2021. (tamarm, )
July 15, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1294 MOTION to Withdraw as Attorney Jessica J. Taticchi (tamarm, )
July 14, 2021 Filing 1295 Memorandum in Support re #1294 MOTION to Withdraw as Attorney Jessica J. Taticchi filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
July 14, 2021 Filing 1294 MOTION to Withdraw as Attorney Jessica J. Taticchi by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order Proposed Order)(Ottinger, Richard)
July 14, 2021 Filing 1293 JOINT STIPULATION REGARDING ISSUES DECIDES granting #1275 Motion. Signed by Magistrate Judge Douglas E. Miller on 7/14/2021. (tamarm, )
July 13, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1287 MOTION to Seal (Merck Defendants' Motion For Leave To File Presentation Slides Under Seal) (tamarm, )
July 6, 2021 Filing 1292 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1286 Motion Hearing,,,,, Notice of Filing of Presentation Slides from June 30, 2021 Hearing (Attachments: #1 Exhibit 1)(Monroe, William)
July 2, 2021 Filing 1291 Sealed Attachment/Exhibit(s) re #1287 MOTION to Seal (Merck Defendants' Motion For Leave To File Presentation Slides Under Seal). (Attachments: #1 Exhibit 2 (Sealed Version))(Noona, Stephen)
July 2, 2021 Filing 1290 Declaration re #1288 Memorandum in Support, (of Eric J. Stock) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 2, 2021 Filing 1289 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1287 MOTION to Seal (Merck Defendants' Motion For Leave To File Presentation Slides Under Seal) (Noona, Stephen)
July 2, 2021 Filing 1288 Memorandum in Support re #1287 MOTION to Seal (Merck Defendants' Motion For Leave To File Presentation Slides Under Seal) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 2, 2021 Filing 1287 MOTION to Seal (Merck Defendants' Motion For Leave To File Presentation Slides Under Seal) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2 (Public Version))(Noona, Stephen)
June 30, 2021 Filing 1286 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 6/30/2021 re #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, #1070 MOTION to Exclude Proposed Testimony of Anupam Jena filed by All End Payer Plaintiffs. (Attachments: #1 List of Counsel) Matter came on for hearing on pending motions (#1070) plaintiffs Motion to Exclude Anupam Jena and (#1077) plaintiffs Motion for Partial Summary Judgment Concerning the Relevant Market. Parties present remotely. See attached list for those present. The Court heard argument on the motions together as they are so intertwined. Steve Shadowen argued the motion on behalf of the plaintiffs. Eric Stock responded on behalf of Merck and Steven Reed weighed in for Glenmark. The court will issue a report and recommendation in this matter and counsel will have the required time to file objections if they choose. Hearing adjourned.(Court Reporter Jody Stewart, OCR.)(cdod, )
June 28, 2021 Filing 1285 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 6/28/2021 re #1055 MOTION to Exclude Portions of the Proposed Testimony of Dr. Mark Robbins filed on behalf of all Plaintiffs filed by The Kroger Co., Walgreen Co., CVS Pharmacy, Inc., Albertsons Companies, Inc., Rite Aid Hdqtrs. Corp., HEB Grocery Company L.P., Rite Aid Corporation, #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp.. (Attachments: #1 List of Counsel) Matter came on for hearing on pending motions (#1031) defendants Motion to Exclude Shashank Upadhye, (#1055) plaintiffs Motion to Exclude Dr. Mark Robbins, and (#1034) defendants Motion to Exclude Luis A. Molina. Parties present remotely. See attached list for those present. Jennifer Greenblatt argued the Motion to Exclude Shashank Upadhye (#1031). Erin Burns responded on behalf of the plaintiffs and Brendan Fee commented on behalf of Merck. Erin Burns and Lauren Ravkind argued the Motion to Exclude Dr. Mark Robbins (#1055). Chris Dusseault responded on behalf of Merck. Chris Dusseault argued the Motion to Exclude Luis A. Molina (#1034). Peter Kohn responded on behalf of the plaintiffs and Jennifer Greenblatt weighed in for Merck. The Court takes the arguments under advisement and will issue opinions. Hearing adjourned. (Court Reporter Jody Stewart, OCR.)(cdod, )
June 22, 2021 Filing 1284 MOTION for Joinder in Glenmark Defendants' Motion to Dismiss Certain Allegations in Plaintiff United Healthcare Services, Inc.'s Complaint by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
June 22, 2021 Filing 1283 Memorandum in Support re #1282 MOTION to Dismiss for Failure to State a Claim Against United Healthcare Services, Inc.'s Claims for Damages Based on Purchases of Vytorin filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
June 22, 2021 Filing 1282 MOTION to Dismiss for Failure to State a Claim Against United Healthcare Services, Inc.'s Claims for Damages Based on Purchases of Vytorin by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
June 1, 2021 Opinion or Order Filing 1281 ORDER granting in part and denying in part #1277 Motion for Leave to File Notice of Supplemental Authority. Signed by Magistrate Judge Douglas E. Miller on 6/1/2021. (tamarm, )
May 26, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1277 MOTION for Leave to File Notice of Supplemental Authority Relating to Defendant's Motions for Summary Judgment by End-Payor Class Plaintiffs and (tamarm, )
May 24, 2021 Filing 1280 RESPONSE to Motion re #1277 MOTION for Leave to File Notice of Supplemental Authority Relating to Defendant's Motions for Summary Judgment by End-Payor Class Plaintiffs and (Defendants' Joint Response To Plaintiffs' Motion For Leave To File Notice Of Supplemental Authority In Opposition To Defendants Summary Judgment Motions) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
May 21, 2021 Opinion or Order Filing 1279 ORDER granting #1278 Motion for Pro hac vice for Anne Nardacci as to United Healthcare Services, Inc. Signed by District Judge Rebecca Beach Smith on 5/21/21. (tlev, )
May 20, 2021 Filing 1278 Motion to appear Pro Hac Vice by Anne M. Nardacci and Certification of Local Counsel Katherine M. Cheng Filing fee $ 75, receipt number AVAEDC-7800648. by United Healthcare Services, Inc.. (Cheng, Katherine)
May 19, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1275 Joint MOTION for Entry of Joint Stipulation Regarding Issues Decided (tamarm, )
May 14, 2021 Set Deadlines as to #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers, #1070 MOTION to Exclude Proposed Testimony of Anupam Jena. Motion Hearing set for 6/30/2021 at 10:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
May 14, 2021 Set Deadlines as to #1055 MOTION to Exclude Portions of the Proposed Testimony of Dr. Mark Robbins filed on behalf of all Plaintiffs, #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark), #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark). Motion Hearing set for 6/28/2021 at 10:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
May 10, 2021 Filing 1277 MOTION for Leave to File Notice of Supplemental Authority Relating to Defendant's Motions for Summary Judgment by End-Payor Class Plaintiffs and by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Attachments: #1 Exhibit Impax Opinion)(Carroll, Adam)
May 7, 2021 Opinion or Order Filing 1276 MEMORANDUM ORDER: The court GRANTS IN PART Defendants' Joint Motion to Defer Rulings on Summary Judgment and Potentially Dispositive Daubert Motions Due to the Rule Against One-Way Intervention, ECF No. 1250. See Order for Additional Details. Signed by Magistrate Judge Douglas E. Miller on 5/7/2021. (afar)
May 3, 2021 Filing 1275 Joint MOTION for Entry of Joint Stipulation Regarding Issues Decided by United Healthcare Services, Inc.. (Attachments: #1 Exhibit 1. Proposed Joint Stipulation Regarding Issues Decided)(Cheng, Katherine)
April 29, 2021 Opinion or Order Filing 1274 ORDER granting #1273 Motion Withdraw Appearances of Adam Burrowbridge and Justin Epner and Dismiss Wilson Sonsini Goodrich & Rosati, P.C. as an interested party. Signed by Magistrate Judge Douglas E. Miller on 4/29/2021. (tamarm, )
April 28, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1273 MOTION Unopposed Motion to withdraw the appearances of Adam Burrowbridge and Justin Epner of Wilson Sonsini Goodrich & Rosati, P.C. as an Interested Party (tamarm, )
April 27, 2021 Filing 1273 MOTION Unopposed Motion to withdraw the appearances of Adam Burrowbridge and Justin Epner of Wilson Sonsini Goodrich & Rosati, P.C. as an Interested Party . (Attachments: #1 Proposed Order)(Burrowbridge, Adam)
April 23, 2021 Filing 1272 Supplemental Brief in Further Support of #1103 Objection to Report and Recommendations filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (tamarm, )
April 23, 2021 Opinion or Order Filing 1271 ORDER re #1258 Motion for Leave to File. The Court GRANTS the Motion and DIRECTS the Clerk to file the Defendants' Supplemental Brief that accompanies the Motion, ECF No. 1259-1. To the extent the EPPs determine to file a further response, in addition to their opposition to the Motion itself, said response must be filed within 14 days, with any reply by the Defendants within 7 days of the filing of said response. Signed by District Judge Rebecca Beach Smith on 4/23/2021. (tamarm, )
April 5, 2021 Filing 1270 Letter from Katherine M. Cheng, Counsel for Plaintiff United HealthCare Services, Inc. in response to Direct Purchaser Plaintiffs' April 2, 2021 letter (ECF No. 1267). (Cheng, Katherine)
April 5, 2021 Filing 1269 Letter from Retailer Plaintiff's Local Counsel. (Attachments: #1 Letter from Retailer Plaintiffs lead counsel regarding ECF 1267)(Carroll, Adam)
April 5, 2021 Opinion or Order Filing 1268 JOINT SCHEDULING ORDER. See Order for details. Signed by Magistrate Judge Douglas E. Miller on 4/5/2021. Associated Cases: 2:18-md-02836-RBS-DEM, 2:20-cv-01005-RBS-DEM(tamarm, )
April 2, 2021 Filing 1267 Letter to the Hon. Rebecca Beach Smith, Senior Judge, from Thomas M. Sobol, Lead Counsel for the Direct Purchaser Class re proposed scheduling order filed by Defendants and United Healthcare Systems (ECF 1266). (Monroe, William)
April 1, 2021 Filing 1266 NOTICE by United Healthcare Services, Inc. Joint Notice of Filing of Joint Proposed Scheduling Order (Attachments: #1 Proposed Order)(Cheng, Katherine)
March 30, 2021 Filing 1265 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated of Jayne A. Goldstein's change of firm affiliation and email address. (Monroe, William)
March 24, 2021 Opinion or Order Filing 1264 ORDER granting #1262 Motion to Withdraw as Attorney. Attorney William Rolf Olson terminated. Signed by Magistrate Judge Douglas E. Miller on 3/24/2021. (tamarm, )
March 24, 2021 Filing 1263 MOTIONS REFERRED to Magistrate Judge Miller. #1262 MOTION to Withdraw as Attorney William R. Olson of Roberts Law Firm, US, PC (tamarm, )
March 19, 2021 Filing 1262 MOTION to Withdraw as Attorney William R. Olson of Roberts Law Firm, US, PC by FWK Holdings, LLC. (Attachments: #1 Proposed Order)(Monroe, William)
February 25, 2021 Filing 1261 REPLY to Response to Motion re #1258 MOTION for Leave to File SUPPLEMENTAL BRIEF IN FURTHER SUPPORT OF DEFENDANTS' OBJECTIONS TO THE REPORT AND RECOMMENDATION GRANTING END-PAYOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION (on behalf of all Defendants) filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
February 19, 2021 Filing 1260 Memorandum in Opposition re #1258 MOTION for Leave to File SUPPLEMENTAL BRIEF IN FURTHER SUPPORT OF DEFENDANTS' OBJECTIONS TO THE REPORT AND RECOMMENDATION GRANTING END-PAYOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit Namenda Ruling 2-11-21, #2 Exhibit Namenda Ruling 1-12-21)(Cales, James)
February 11, 2021 Filing 1259 Memorandum in Support re #1094 REPORT AND RECOMMENDATIONS re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel filed by The Uniformed Firefighters' Association of Greater New York Security Benefit Fund, UFCW Local 1500 Welfare Fund, o, #1258 MOTION for Leave to File SUPPLEMENTAL BRIEF IN FURTHER SUPPORT OF DEFENDANTS' OBJECTIONS TO THE REPORT AND RECOMMENDATION GRANTING END-PAYOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit 1 (Proposed Supplemental Brief), #2 Proposed Order)(Ottinger, Richard)
February 11, 2021 Filing 1258 MOTION for Leave to File SUPPLEMENTAL BRIEF IN FURTHER SUPPORT OF DEFENDANTS' OBJECTIONS TO THE REPORT AND RECOMMENDATION GRANTING END-PAYOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
February 9, 2021 Opinion or Order Filing 1257 ORDER granting #1256 Motion to Withdraw as Attorney. Attorney Francis A. DeSimone terminated. Signed by Magistrate Judge Douglas E. Miller on 2/9/2021. (tamarm, )
February 5, 2021 Filing 1256 MOTION to Withdraw as Attorney by Frank DeSimone by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
February 2, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1249 Joint MOTION to Defer Rulings on Summary Judgment and Potentially Dispositive Daubert Motions Due to the Rule Against One-Way Intervention. (tamarm, )
January 29, 2021 Filing 1255 Request for Hearing by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1249 MOTION Defendants' Joint Motion to Defer Rulings on Summary Judgment and Daubert Motions due to Rule Against One-Way Intervention (Monroe, William)
January 25, 2021 Filing 1254 REPLY to Response to Motion re #1249 MOTION - REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS' JOINT MOTION TO DEFER RULINGS ON SUMMARY JUDGMENT AND POTENTIALLY DISPOSITIVE DAUBERT MOTIONS DUE TO THE RULE AGAINST ONE-WAY INTERVENTION filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
January 11, 2021 Filing 1253 Opposition to #1249 MOTION - Defendants' Joint Motion to Defer Rulings Due to the Rule Against One-Way Intervention filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
January 11, 2021 Filing 1252 Memorandum in Opposition re #1249 MOTION filed by All End Payer Plaintiffs. (Cales, James)
January 11, 2021 Filing 1251 Memorandum in Opposition re #1249 MOTION to Defer Rulings on Summary Judgment and Potential Dispositive Daubert Motions Due to the Rule Against One-Way Intervention filed by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Carroll, Adam)
December 4, 2020 Filing 1250 Memorandum in Support of DEFENDANTS' JOINT MOTION TO DEFER RULINGS ON SUMMARY JUDGMENT AND POTENTIALLY DISPOSITIVE DAUBERT MOTIONS DUE TO THE RULE AGAINST ONE-WAY INTERVENTION to #1249 Memorandum, filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ottinger, Richard)
December 4, 2020 Filing 1249 Memorandum - Defendants' Joint Motion to Defer Rulings on Summary Judgment and Potentially Dispositive Daubert Motions Due to the Rule Against One-Way Intervention filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard) Modified docket event on 12/7/2020 (clou, ).
December 4, 2020 Opinion or Order Filing 1248 ORDER granting #1247 Consent MOTION to Withdraw as Attorney. Attorney Micaylee A. Noreen terminated. Signed by Magistrate Judge Douglas E. Miller on 12/4/2020. (clou )
November 30, 2020 Filing 1247 Consent MOTION to Withdraw as Attorney by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Proposed Order)(Noreen, Micaylee)
November 25, 2020 Filing 1246 TRANSCRIPT of proceedings held on 11-17-2020, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. 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 Redaction Request due 12/28/2020. Redacted Transcript Deadline set for 1/25/2021. Release of Transcript Restriction set for 2/23/2021.(stewart, jody)
November 17, 2020 Filing 1245 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 11/17/2020 re #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd., #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS filed by All End Payer Plaintiffs. Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 11/17/2020 re #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd., #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS filed by All End Payer Plaintiffs. Matter came on for remote proceedings on motions to Exclude (#1040, 1042 and 1048), and Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Mercks Privilege Assertions (#1053) and Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Mercks Privilege Assertions (#1074). Parties present remotely see attached. Samuel Liversidge argued the motion (#1042) on behalf of Merck and Mr. Reed joined with his argument on behalf of Glenmark. Mr. Lukens responded on behalf of Direct Purchaser Plaintiffs and Anna Neill responded on behalf of the Retailers. Samuel Liversidge argued the motion (#1048) on behalf of Merck and Mr. Reed joined with his argument on behalf of Glenmark. Mr. Sobol responded on behalf of the Direct Purchaser Plaintiffs. Mr. Refsin responded on behalf of the Retailers. Mr. Sobol argued the motions (#1053 and 1074) on behalf of the Direct Purchaser Plaintiffs. Mr. Dusseault responded on behalf of Merck and Mr. Johns responded on behalf of Glenmark. The court took the motions under advisement and will issue the appropriate order or report and recommendation. Counsel will then have the appropriate time (if a Report and Recommendation is issued) to respond. The remaining motion to exclude (#1040) will be scheduled for argument at another time. Court adjourned. (Court Reporter Jody Stewart, OCR.)(cdod, ) (Attachments: #1 Supplement) (Court Reporter Jody Stewart, OCR.)(cdod, )
November 16, 2020 Filing 1244 NOTICE by United Healthcare Services, Inc. Notice of Change of Address (Cheng, Katherine)
November 16, 2020 Filing 1243 NOTICE of Appearance by Richard Alan Saunders on behalf of All End Payer Plaintiffs (Saunders, Richard)
November 12, 2020 Filing 1242 NOTICE of Voluntary Dismissal of Defendant Par Pharmaceutical, Inc. by United Healthcare Services, Inc. (Cheng, Katherine)
November 10, 2020 Filing 1241 Receipt No. 24683047010 for 4CCA Case Number 20-2184 re #1106 Petition for permission to appeal filed by Glenmark Generics INC., USA, Glenmark Pharmaceuticals, Ltd., MSP Singapore Co. LLC, Merck & Company, Incorporated, Merck Sharp & Dohme Corporation, Schering Corporation and Schering Plough Corporation. (clou)
November 10, 2020 Filing 1240 TRANSCRIPT of proceedings (Status Conference) held on 11/04/2020, before Judge Douglas E. Miller, Court Reporter/Transcriber Heidi Jeffreys, Telephone number 757-222-7075. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 Redaction Request due 12/10/2020. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 2/8/2021.(jeffreys, heidi)
November 6, 2020 Opinion or Order Filing 1239 PRETRIAL ORDER: It is hereby ORDERED that any pre-trial events, including those enumerated in Pretrial Order No. 9, whose deadlines have alreadypassed are closed. Any deadlines that have not yet passed are cancelled, to be reset based on the eventual trial schedule. The Defendants are ORDERED to submit their briefing on the one-way intervention issue by December 4, 2020. Plaintiffs shall respond by January 11, 2021. The defendants are to reply to any responses by January 25, 2021. The page limits set forth in Local Rule 7 apply. SEE ORDER for additional details.Signed by Magistrate Judge Douglas E. Miller on 11/6/20. (afar)
November 4, 2020 Filing 1238 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller: Status Conference held on 11/4/2020. Matter came on for status conference. Present via zoom were Adam Carroll, Scott, Barry Refsin, Anna Neill and Lauren Ravkind on behalf of Zetia. Bill Monroe, Tom Sobol, Erin Burns, Peter Kohn, David Sorenson, Ellen Noteware and Marc Greco present on behalf of the Direct Purchaser Plaintiffs. Jim Cales, Marvin Miller, Michael Buchman, Matt VanTine and Michelle Clerkin present on behalf of the End Purchaser Plaintiffs. Stephen Noona, Samuel Liversidge, Christopher Dusseault, Terek Ismail and Jennifer Greenblatt present on behalf of the Merck defendants. Richard Ottinger, Brendan Fee, Zak Johns and Steve Reed present on behalf of Glenmark. All counsel participated remotely. Several topics were addressed including the trial date which is removed from the calendar due to the back log of criminal trials that need to be heard prior to civil trials being put back on the courts calendar. The Court notified counsel that the trial and the final pretrial date are removed from the calendar. The motion in limine deadline is also removed. A hearing is set for 11/17/2020 at 10:00 am via zoom on the following motions: #1040, 1042, 1048, 1053 and 1074. Defense counsel are to file a motion to stay dispositive rulings by 12/4/20. Plaintiffs shall file a response by 1/11/2021 and a reply shall be filed no later than 1/25/2021. The Court will issue a short order in this matter. Court adjourned. (Court Reporter Heidi Jeffreys, OCR.)(cdod, )
November 4, 2020 Set Deadlines as to #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark), #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS , #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark), #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs. Motion Hearing set for 11/17/2020 at 10:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
November 2, 2020 Filing 1237 4CCA Case Number : 20-2184 - Case Manager J. Rice re #1106 Petition for permission to appeal filed by Glenmark Generics INC., USA, Glenmark Pharmaceuticals, Ltd., MSP Singapore Co. LLC, Merck & Company, Incorporated, Merck Sharp & Dohme Corporation, Schering Corporation and Schering Plough Corporation. (clou )
November 2, 2020 Filing 1236 4CCA Order re #1106 USCA Case Number - 20-432 : Upon consideration of submissions relative to the petition for permission to appeal, the court grants the petition. This case is transferred to the regular docket and assigned docket number 20-2184. (clou )
November 2, 2020 4CCA Appeal Remark re #1106 USCA Case Number - 20-432 : Case transferred to general docket: [No. 20-2184]. Originating case number: 2:18-md-02836-RBS-DEM (clou )
October 30, 2020 Set Hearings: Status Conference set for 11/4/2020 at 02:00 PM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
October 27, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1202 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for Partial Summary Judgment Concerning the Relevant Market, Motion to Exclude the Testimony of Dr. Anupam Jena and Exhibits PX222 and PX225, #1209 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions (clou, )
October 20, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1197 MOTION to Seal PORTIONS OF GLENMARK'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' REPLY BRIEF IN SUPPORT OF THEIR JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAU (clou, )
October 19, 2020 Filing 1235 Declaration re #1234 Response in Support of Motion,, (of Caeli Higney) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 19, 2020 Filing 1234 RESPONSE in Support re #1202 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for Partial Summary Judgment Concerning the Relevant Market, Motion to Exclude the Testimony of Dr. Anupam Jena and Exhibits PX222 and PX225, #1209 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
October 15, 2020 Opinion or Order Filing 1233 ORDER granting #1220 Motion for Pro hac vice for Jennifer Duncan Hackett as to United Healthcare Services, Inc. Signed by Magistrate Judge Douglas E. Miller on 10/15/20. (tlev, )
October 15, 2020 Opinion or Order Filing 1232 ORDER granting #1217 Motion for Pro hac vice for Eric Buetzow as to United Healthcare Services, Inc. Signed by Magistrate Judge Douglas E. Miller on 10/15/20. (tlev, )
October 15, 2020 Opinion or Order Filing 1231 ORDER granting #1218 Motion for Pro hac vice for Edward Takashima as to United Healthcare Services, Inc. Signed by Magistrate Judge Douglas E. Miller on 10/15/20. (tlev, )
October 15, 2020 Opinion or Order Filing 1230 ORDER granting #1221 Motion for Pro hac vice for James Robertson Martin as to United Healthcare Services, Inc. Signed by Magistrate Judge Douglas E. Miller on 10/15/20. (tlev, )
October 15, 2020 Opinion or Order Filing 1229 ORDER granting #1216 Motion for Pro hac vice for Abby Dennis as to United Healthcare Services, Inc. Signed by Magistrate Judge Douglas E. Miller on 10/15/20. (tlev, )
October 15, 2020 Opinion or Order Filing 1228 ORDER granting #1219 Motion for Pro hac vice for Hamish Hume as to United Healthcare Services, Inc. Signed by Magistrate Judge Douglas E. Miller on 10/15/20. (tlev, )
October 15, 2020 Opinion or Order Filing 1227 ORDER granting #1222 Motion for Pro hac vice for Judith A. Zahid as to United Healthcare Services, Inc. Signed by Magistrate Judge Douglas E. Miller on 10/15/20. (tlev, )
October 15, 2020 Opinion or Order Filing 1226 ORDER granting United Healthcare Services, Inc's Unopposed (1224) Motion to Be Relieved from Pretrial Order No. 9 And For A Limited Stay of Its Case in case 2:18-md-02836-RBS-DEM. Signed by Magistrate Judge Douglas E. Miller on 10/15/2020. See order for details. Copies distributed to all counsel. Associated Cases: 2:18-md-02836-RBS-DEM, 2:20-cv-01005-RBS-DEM (clou )
October 14, 2020 Filing 1225 Memorandum in Support re #1224 MOTION TO BE RELIEVED FROM PRETRIAL ORDER NO. 9 AND FOR A LIMITED STAY OF ITS CASE filed by United Healthcare Services, Inc.. (Cheng, Katherine)
October 14, 2020 Filing 1224 MOTION TO BE RELIEVED FROM PRETRIAL ORDER NO. 9 AND FOR A LIMITED STAY OF ITS CASE by United Healthcare Services, Inc.. (Attachments: #1 Proposed Order)(Cheng, Katherine)
October 14, 2020 Filing 1223 Letter from Vandeventer Black, LLP. (clou)
October 14, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1080 MOTION for Partial Summary Judgment , #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark), #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers, #1072 MOTION to Exclude Proposed Testimony of Mark Robbins, #1055 MOTION to Exclude Portions of the Proposed Testimony of Dr. Mark Robbins filed on behalf of all Plaintiffs, #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark), #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs, #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs, #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark), #1070 MOTION to Exclude Proposed Testimony of Anupam Jena, #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark), #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS (clou, )
October 13, 2020 Filing 1222 Motion to appear Pro Hac Vice by Judith Zahid and Certification of Local Counsel Katherine M. Cheng Filing fee $ 75, receipt number 0422-7443217. by United Healthcare Services, Inc.. (Cheng, Katherine)
October 13, 2020 Filing 1221 Motion to appear Pro Hac Vice by James Robertson Martin and Certification of Local Counsel Katherine M. Cheng Filing fee $ 75, receipt number 0422-7443130. by United Healthcare Services, Inc.. (Cheng, Katherine)
October 13, 2020 Filing 1220 Motion to appear Pro Hac Vice by Jennifer Duncan Hackett and Certification of Local Counsel Katherine M. Cheng Filing fee $ 75, receipt number 0422-7443094. by United Healthcare Services, Inc.. (Cheng, Katherine)
October 13, 2020 Filing 1219 Motion to appear Pro Hac Vice by Hamish Hume and Certification of Local Counsel Katherine M. Cheng Filing fee $ 75, receipt number 0422-7443080. by United Healthcare Services, Inc.. (Cheng, Katherine)
October 13, 2020 Filing 1218 Motion to appear Pro Hac Vice by Edward Takashima and Certification of Local Counsel Katherine M. Cheng Filing fee $ 75, receipt number 0422-7443059. by United Healthcare Services, Inc.. (Cheng, Katherine)
October 13, 2020 Filing 1217 Motion to appear Pro Hac Vice by Eric Buetzow and Certification of Local Counsel Katherine M. Cheng Filing fee $ 75, receipt number 0422-7443047. by United Healthcare Services, Inc.. (Cheng, Katherine)
October 13, 2020 Filing 1216 Motion to appear Pro Hac Vice by Abby Dennis and Certification of Local Counsel Katherine M. Cheng Filing fee $ 75, receipt number 0422-7443018. by United Healthcare Services, Inc.. (Cheng, Katherine)
October 13, 2020 Filing 1215 NOTICE of Appearance by Katherine Marie Cheng on behalf of United Healthcare Services, Inc. (Cheng, Katherine)
October 13, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol (clou, )
October 12, 2020 Filing 1214 Declaration re #1213 Reply to Response to Motion, #1203 Reply to Response to Motion, #1201 Reply to Response to Motion, (of Samuel G. Liversidge) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 97, #2 Exhibit 98, #3 Exhibit 99, #4 Exhibit 100, #5 Exhibit 101, #6 Exhibit 102, #7 Exhibit 103)(Noona, Stephen)
October 12, 2020 Filing 1213 REPLY to Response to Motion re #1067 MOTION for Summary Judgment filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 12, 2020 Filing 1212 Memorandum in Support re #1209 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
October 12, 2020 Filing 1211 Sealed Document re #1209 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions. (Monroe, William) (Main Document 1211 replaced on 10/19/2020 at counsel's request with correct unredacted version) (clou ).
October 12, 2020 Filing 1210 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1209 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions (Monroe, William)
October 12, 2020 Filing 1209 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
October 12, 2020 Filing 1208 REPLY to Response to Motion re #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs (Redacted) filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
October 12, 2020 Filing 1207 Memorandum in Support re #1202 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for Partial Summary Judgment Concerning the Relevant Market, Motion to Exclude the Testimony of Dr. Anupam Jena and Exhibits PX222 and PX225 filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
October 12, 2020 Filing 1206 Sealed Document re #1202 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for Partial Summary Judgment Concerning the Relevant Market, Motion to Exclude the Testimony of Dr. Anupam Jena and Exhibits PX222 and PX225. (Attachments: #1 Exhibit PX222, #2 Exhibit PX225)(Monroe, William)
October 12, 2020 Filing 1205 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1197 MOTION to Seal PORTIONS OF GLENMARK'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' REPLY BRIEF IN SUPPORT OF THEIR JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAU (Merck's Joinder in Glenmark's Motion to Seal) (Noona, Stephen)
October 12, 2020 Filing 1204 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1202 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for Partial Summary Judgment Concerning the Relevant Market, Motion to Exclude the Testimony of Dr. Anupam Jena and Exhibits PX222 and PX225 (Monroe, William)
October 12, 2020 Filing 1203 REPLY to Response to Motion re #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark) (Defendants' Joint Reply in Support of Their Motion to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 12, 2020 Filing 1202 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for Partial Summary Judgment Concerning the Relevant Market, Motion to Exclude the Testimony of Dr. Anupam Jena and Exhibits PX222 and PX225 by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
October 12, 2020 Filing 1201 REPLY to Response to Motion re #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark) (Defendants' Joint Reply in Support of Their Motion to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 12, 2020 Filing 1200 Notice of Under Seal Filing LCvR5 (B) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #1193 Reply to Response to Motion, #1198 Memorandum in Support, #1197 MOTION to Seal PORTIONS OF GLENMARK'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' REPLY BRIEF IN SUPPORT OF THEIR JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAU, #1188 Reply to Response to Motion (Ottinger, Richard)
October 12, 2020 Filing 1199 Declaration re #1194 Reply to Response to Motion, Declaration of Thomas M. Sobol in Support of Reply in Support of Motion for Partial Summary Judgment Concerning the Relevant Market and Motion to Exclude the Proposed Testimony of Dr. Anupam B. Jena by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit PX220, #2 Exhibit PX221, #3 Exhibit PX222 (Redacted), #4 Exhibit PX223, #5 Exhibit PX224, #6 Exhibit PX225 (Redacted), #7 Exhibit PX226, #8 Exhibit PX227)(Monroe, William)
October 12, 2020 Filing 1198 Memorandum in Support re #1197 MOTION to Seal PORTIONS OF GLENMARK'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' REPLY BRIEF IN SUPPORT OF THEIR JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAU filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
October 12, 2020 Filing 1197 MOTION to Seal PORTIONS OF GLENMARK'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' REPLY BRIEF IN SUPPORT OF THEIR JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
October 12, 2020 Filing 1196 Sealed Response/Reply/Opposition re #1193 Reply to Response to Motion,. (Ottinger, Richard)
October 12, 2020 Filing 1195 Sealed Response/Reply/Opposition re #1188 Reply to Response to Motion. (Ottinger, Richard)
October 12, 2020 Filing 1194 REPLY to Response to Motion re #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
October 12, 2020 Filing 1193 REPLY to Response to Motion re #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK (for Merck and Glenmark) - Redacted Public Version filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
October 12, 2020 Filing 1192 Declaration re #1188 Reply to Response to Motion by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit 56, #2 Exhibit 57, #3 Exhibit 58, #4 Exhibit 59)(Ottinger, Richard)
October 12, 2020 Filing 1191 Declaration re #1190 Reply to Response to Motion, (of Christopher D. Dusseault) (by Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 15)(Noona, Stephen)
October 12, 2020 Filing 1190 REPLY to Response to Motion re #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark) (Defendants' Joint Reply in Support of Motion to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 12, 2020 Filing 1189 REPLY to Response to Motion re #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark) (Defendants' Reply Memorandum in Support of Joint Motion to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 12, 2020 Filing 1188 REPLY to Response to Motion re #1037 MOTION for Summary Judgment on All Claims filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
October 12, 2020 Filing 1187 Reply to #1055 MOTION to Exclude Portions of the Proposed Testimony of Dr. Mark Robbins filed on behalf of all Plaintiffs filed by All End Payer Plaintiffs. (Cales, James)
October 7, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1174 MOTION to Seal Motion to Seal PX088 to Purchasers' Oppositions to Merck and Glenmark Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts (clou, )
October 6, 2020 Opinion or Order Filing 1186 ORDER: The transferred case, United Healthcare Services, Inc. v. Merck & Co, Inc, et al, Case No. 2:20cv01909 (D. Minn.) is assigned Member Case No 2:20cv1005 in this court. New counsel are directed to review the entire docket in this multidistrict litigation and in particular the outlined pretrial Orders. Counsel are further directed to confer with Class Counsel for the Direct Payor Class, Interim Class Counsel for the End Payer Class, and Counsel for the Retailers; and advise the court by motion, if United Healthcare intends to request any modification to the foregoing procedural Orders or any other procedural Order in this MDL to date. Signed by District Judge Rebecca Beach Smith on 10/6/20. (afar)
October 6, 2020 Opinion or Order Filing 1185 ORDER granting #1178 Motion for Pro hac vice for Erin Cathleen Burns as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 10/5/20. (tlev, )
October 5, 2020 Filing 1184 Certified Copy of Conditional Transfer Order (CTO -2) Entered by The United States Judicial Panel on Multidistrict Litigation. MDL No. 2836. The action on the attached schedule is transferred under 28 U.S.C. 1407 to the Eastern District of Virginia for the reasons stated in the order of June 8, 2018, and, with the consent of that court, assigned to the Honorable Rebecca Beach Smith. (clou)
October 2, 2020 Filing 1183 Declaration re #1182 Response in Support of Motion, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 2, 2020 Filing 1182 RESPONSE in Support re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
October 2, 2020 Filing 1181 RESPONSE in Support re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol Response in Partial Support Purchaser Plaintiffs' Motion for Leave to File Under Seal Portions of their Oppositions to Merck and Glenmark Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of Thomas M. Sobol filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
October 2, 2020 Filing 1180 RESPONSE in Support re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol filed by Par Pharmaceutical, Inc.. (Attachments: #1 Proposed Order)(McNichols, John)
October 1, 2020 Filing 1179 NOTICE by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated of change of address for Peter R. Kohn and Joseph T. Lukens (Monroe, William)
October 1, 2020 Filing 1178 Motion to appear Pro Hac Vice by Erin Cathleen Burns and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-7425414. by FWK Holdings, LLC. (Monroe, William)
September 29, 2020 MOTIONS REFERRED to Magistrate Judge: Miller. #1167 MOTION to Seal Exhibit PX203 to the Declaration of Thomas M. Sobol in Support of Purchasers' Opposition to Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts (afar)
September 28, 2020 Filing 1177 Sealed Attachment/Exhibit(s) re #1174 MOTION to Seal Motion to Seal PX088 to Purchasers' Oppositions to Merck and Glenmark Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts, #1151 NOTICE,,. (Ottinger, Richard)
September 28, 2020 Filing 1176 Notice of Filing Sealing Motion LCvR5(C) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #1174 MOTION to Seal Motion to Seal PX088 to Purchasers' Oppositions to Merck and Glenmark Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts (Ottinger, Richard)
September 28, 2020 Filing 1175 Memorandum in Support re #1174 MOTION to Seal Motion to Seal PX088 to Purchasers' Oppositions to Merck and Glenmark Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
September 28, 2020 Filing 1174 MOTION to Seal Motion to Seal PX088 to Purchasers' Oppositions to Merck and Glenmark Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
September 28, 2020 Filing 1173 EXHIBIT PX088 (Redacted Public Version) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd... (Attachments: #1 Exhibit PX088 (Part 1 of 2) - Redacted Public Version, #2 Exhibit PX088 (Part 2 of 2) - Redacted Public Version)(Ottinger, Richard)
September 25, 2020 Filing 1172 Declaration re #1171 Response in Support of Motion, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 25, 2020 Filing 1171 RESPONSE in Support re #1167 MOTION to Seal Exhibit PX203 to the Declaration of Thomas M. Sobol in Support of Purchasers' Opposition to Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
September 21, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1115 MOTION to Seal Certain Documents, #1124 MOTION to Seal Portion of Response to Class Certification Report and Recommendation Objections, #1132 MOTION to Seal Certain Documents (for Merck and Glenmark Defendants) (clou, )
September 18, 2020 Filing 1170 Memorandum in Support re #1167 MOTION to Seal Exhibit PX203 to the Declaration of Thomas M. Sobol in Support of Purchasers' Opposition to Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 18, 2020 Filing 1169 Sealed Attachment/Exhibit(s) re #1167 MOTION to Seal Exhibit PX203 to the Declaration of Thomas M. Sobol in Support of Purchasers' Opposition to Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts. (Attachments: #1 Exhibit PX203)(Monroe, William)
September 18, 2020 Filing 1168 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1167 MOTION to Seal Exhibit PX203 to the Declaration of Thomas M. Sobol in Support of Purchasers' Opposition to Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts (Monroe, William)
September 18, 2020 Filing 1167 MOTION to Seal Exhibit PX203 to the Declaration of Thomas M. Sobol in Support of Purchasers' Opposition to Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
September 18, 2020 Opinion or Order Filing 1166 Agreed ORDER granting #1164 Consent MOTION for Extension of Time to File Response/Reply as to 1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol. Copies distributed to all counsel. See order for details. Signed by Magistrate Judge Douglas E. Miller on 9/18/2020. (clou )
September 18, 2020 Opinion or Order Filing 1165 ORDER granting #1161 MOTION for Extension of Time to File Exhibits to the Declaration of Thomas M. Sobol in Support of the Purchasers Opposition to Merck and Glenmark Defendants Motions for Summary Judgment and to Exclude Testimony and Opinions of Purchasers Experts. Copies distributed to all counsel. See order for details. Signed by Magistrate Judge Douglas E. Miller on 9/18/2020. (clou )
September 17, 2020 Filing 1164 Consent MOTION for Extension of Time to File Response/Reply as to #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol by Par Pharmaceutical, Inc.. (Attachments: #1 Proposed Order)(McNichols, John)
September 17, 2020 Opinion or Order Filing 1163 Agreed ORDER granting #1160 Consent MOTION for Extension of Time to File Response/Reply as to #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol (and Memorandum in Support)(for Merck and Glenmark Defendants). Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/17/2020. (clou)
September 17, 2020 Filing 1162 Memorandum in Support re #1161 MOTION for Extension of Time to File Exhibits to the Declaration of Thomas M. Sobol in Support of the Purchasers Opposition to Merck and Glenmark Defendants Motions for Summary Judgment and to Exclude Testimony and Opinions of Purchasers Experts filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 17, 2020 Filing 1161 MOTION for Extension of Time to File Exhibits to the Declaration of Thomas M. Sobol in Support of the Purchasers Opposition to Merck and Glenmark Defendants Motions for Summary Judgment and to Exclude Testimony and Opinions of Purchasers Experts by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
September 17, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1164 Consent MOTION for Extension of Time to File Response/Reply as to #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers (clou)
September 17, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1160 Consent MOTION for Extension of Time to File Response/Reply as to #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers, #1161 MOTION for Extension of Time to File Exhibits to the Declaration of Thomas M. Sobol in Support of the Purchasers Opposition to Merck and Glenmark Defendants Motions for Summary Judgment and to Exclude Testimony and Opinions of Purchasers Experts (clou, )
September 16, 2020 Filing 1160 Consent MOTION for Extension of Time to File Response/Reply as to #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol (and Memorandum in Support)(for Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Propsed Agreed Order))(Noona, Stephen)
September 14, 2020 Filing 1159 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1148 Declaration,,, Supplemental Exhibits to the Declaration of Thomas M. Sobol (Attachments: #1 Exhibit PX150 (REDACTED), #2 Exhibit PX151, #3 Exhibit PX152, #4 Exhibit PX153, #5 Exhibit PX154, #6 Exhibit PX155, #7 Exhibit PX156, #8 Exhibit PX157, #9 Exhibit PX158, #10 Exhibit PX159, #11 Exhibit PX160 (REDACTED), #12 Exhibit PX161)(Monroe, William)
September 12, 2020 Filing 1158 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1148 Declaration,, Additional Exhibits (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, # 11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit)(Monroe, William) Modified on 9/18/2020, Exhibit 11 removed at counsel's request. (clou, ).
September 11, 2020 Filing 1157 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1148 Declaration,, Additional Exhibits (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit)(Monroe, William)
September 11, 2020 Filing 1156 Sealed Response/Reply/Opposition re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol. (Monroe, William)
September 11, 2020 Filing 1155 Opposition to #1037 MOTION for Summary Judgment on All Claims, #1067 MOTION for Summary Judgment filed on behalf of Purchasers filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 11, 2020 Filing 1154 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1148 Declaration,, Additional Exhibits (Attachments: #1 Exhibit PX125, #2 Exhibit PX126, #3 Exhibit PX127, #4 Exhibit PX128, #5 Exhibit PX129, #6 Exhibit PX130, #7 Exhibit PX131, #8 Exhibit PX132, #9 Exhibit PX133, #10 Exhibit PX134, #11 Exhibit PX135, #12 Exhibit PX136, #13 Exhibit PX137, #14 Exhibit PX138, #15 Exhibit PX139, #16 Exhibit PX140, #17 Exhibit PX141, #18 Exhibit PX142, #19 Exhibit PX143, #20 Exhibit PX144, #21 Exhibit PX145, #22 Exhibit PX146, #23 Exhibit PX147, #24 Exhibit PX148, #25 Exhibit PX149)(Monroe, William)
September 11, 2020 Filing 1153 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1148 Declaration,, (Attachments: #1 Exhibit PX117, #2 Exhibit PX118, #3 Exhibit PX119, #4 Exhibit PX120, #5 Exhibit PX121, #6 Exhibit PX122, #7 Exhibit PX123, #8 Exhibit PX124)(Monroe, William)
September 11, 2020 Filing 1152 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1148 Declaration,, Additional Exhibits (Attachments: #1 Exhibit PX098, #2 Exhibit PX099, #3 Exhibit PX100, #4 Exhibit PX101, #5 Exhibit PX102, #6 Exhibit PX103, #7 Exhibit PX104, #8 Exhibit PX105, #9 Exhibit PX106, #10 Exhibit PX107, #11 Exhibit PX108, #12 Exhibit PX109, #13 Exhibit PX110, #14 Exhibit PX111, #15 Exhibit PX112, #16 Exhibit PX113, #17 Exhibit PX114, #18 Exhibit PX115, #19 Exhibit PX116)(Monroe, William)
September 11, 2020 Filing 1151 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1148 Declaration,, Second Supplemental Exhibits (Attachments: #1 Exhibit PX086, #2 Exhibit PX087, #3 Exhibit PX088, #4 Exhibit PX089, #5 Exhibit PX090, #6 Exhibit PX091, #7 Exhibit PX092, #8 Exhibit PX093, #9 Exhibit PX094, #10 Exhibit PX095, #11 Exhibit PX096, #12 Exhibit PX097)(Monroe, William) (Attachment 8 replaced on 10/21/2020 with corrected version, document previously filed was corrupted) (clou ).
September 11, 2020 Filing 1150 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1148 Declaration,, Additional Exhibits (Attachments: #1 Exhibit PX055, #2 Exhibit PX056, #3 Exhibit PX057, #4 Exhibit PX058, #5 Exhibit PX059, #6 Exhibit PX060, #7 Exhibit PX061, #8 Exhibit PX062, #9 Exhibit PX063, #10 Exhibit PX064, #11 Exhibit PX065, #12 Exhibit PX066, #13 Exhibit PX067, #14 Exhibit PX068, #15 Exhibit PX069, #16 Exhibit PX070, #17 Exhibit PX071, #18 Exhibit PX072, #19 Exhibit PX073, #20 Exhibit PX074, #21 Exhibit PX075, #22 Exhibit PX076, #23 Exhibit PX077, #24 Exhibit PX078, #25 Exhibit PX079, #26 Exhibit PX080, #27 Exhibit PX081, #28 Exhibit PX082, #29 Exhibit PX083, #30 Exhibit PX084, #31 Exhibit PX085)(Monroe, William) (Attachment 24 replaced on 10/21/2020 with corrected version, document previously attached was corrupted) (clou ).
September 11, 2020 Filing 1149 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1145 NOTICE,, #1144 Declaration,,, #1147 Sealed Attachment/Exhibit(s), (Notice of Filing of Corrected Filing Title) (for the Merck and Glenmark Defendants) (Noona, Stephen)
September 11, 2020 Filing 1148 Declaration re #1111 Opposition, #1113 Memorandum in Opposition, #1112 Opposition, #1114 Memorandum in Opposition, #1110 Opposition of Thomas M. Sobol , #1155 Opposition to 1037 MOTION for Summary Judgment on All Claims, #1067 MOTION for Summary Judgment filed on behalf of Purchasers by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit PX041, #2 Exhibit PX042, #3 Exhibit PX043, #4 Exhibit PX044, #5 Exhibit PX045, #6 Exhibit PX046, #7 Exhibit PX047, #8 Exhibit PX048, #9 Exhibit PX049, #10 Exhibit PX050, #11 Exhibit PX051, #12 Exhibit PX052, #13 Exhibit PX053, #14 Exhibit PX054)(Monroe, William) Modified docket text to add link to related document at counsel's request on 9/14/2020 (clou ).
September 11, 2020 Filing 1147 Sealed Attachment/Exhibit(s) re #1144 Declaration,,, #1145 NOTICE,, #1132 MOTION to Seal Certain Documents (for Merck and Glenmark Defendants). (Attachments: #1 Exhibit 4, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 17, #6 Exhibit 18, #7 Exhibit 19, #8 Exhibit 20, #9 Exhibit 21, #10 Exhibit 23, #11 Exhibit 25, #12 Exhibit 27, #13 Exhibit 28, #14 Exhibit 29, #15 Exhibit 30, #16 Exhibit 31)(Noona, Stephen)
September 11, 2020 Filing 1146 Sealed Response/Reply/Opposition re #1140 Opposition,,, #1132 MOTION to Seal Certain Documents (for Merck and Glenmark Defendants). (Noona, Stephen)
September 11, 2020 Filing 1145 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1144 Declaration,,, (for the Merck and Glenmark Defendants) (Attachments: #1 Exhibit 24, #2 Exhibit 25 (Public Version), #3 Exhibit 26, #4 Exhibit 27 (Public Version), #5 Exhibit 28 (Public Version), #6 Exhibit 29 (Public Version), #7 Exhibit 30 (Public Version), #8 Exhibit 31 (Public Version), #9 Exhibit 32, #10 Exhibit 33, #11 Exhibit 34, #12 Exhibit 35, #13 Exhibit 36, #14 Exhibit 37, #15 Exhibit 38, #16 Exhibit 39, #17 Exhibit 40, #18 Exhibit 41)(Noona, Stephen)
September 11, 2020 Filing 1144 Declaration re #1140 Opposition,,, (of Christopher D. Dusseault) (for the Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (Public Version), #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12 (Public Version), #13 Exhibit 13 (Public Version), #14 Exhibit 14 (Public Version), #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17 (Public Version), #18 Exhibit 18 (Public Version), #19 Exhibit 19 (Public Version), #20 Exhibit 20 (Public Version), #21 Exhibit 21 (Public Version), #22 Exhibit 22, #23 Exhibit 23 (Public Version))(Noona, Stephen)
September 11, 2020 Filing 1143 Memorandum in Support re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 11, 2020 Filing 1142 Sealed Response/Reply/Opposition re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol. (Monroe, William)
September 11, 2020 Filing 1141 Sealed Attachment/Exhibit(s) re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol. (Attachments: #1 Exhibit PX124, #2 Exhibit PX144, #3 Exhibit PX146, #4 Exhibit PX149, #5 Exhibit PX150, #6 Exhibit PX160, #7 Exhibit PX170, #8 Exhibit PX199, #9 Exhibit PX200, #10 Exhibit PX204, #11 Exhibit PX205, #12 Exhibit PX206, #13 Exhibit PX207, #14 Exhibit PX208, #15 Exhibit PX209, #16 Exhibit PX210, #17 Exhibit PX211)(Monroe, William)
September 11, 2020 Filing 1140 Opposition to #1080 MOTION for Partial Summary Judgment , #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs, #1070 MOTION to Exclude Proposed Testimony of Anupam Jena (Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment Concerning the Relevant Market & Motion to Exclude the Proposed Testimony of Dr. Anupam B. Jena) (for the Merck and Glenmark Defendants) (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 11, 2020 Filing 1139 Sealed Attachment/Exhibit(s) re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol. (Attachments: #1 Exhibit PX088, #2 Exhibit PX089, #3 Exhibit PX091, #4 Exhibit PX092, #5 Exhibit PX104, #6 Exhibit PX109, #7 Exhibit PX110, #8 Exhibit PX111, #9 Exhibit PX113, #10 Exhibit PX115, #11 Exhibit PX118, #12 Exhibit PX120)(Monroe, William)
September 11, 2020 Filing 1138 Sealed Attachment/Exhibit(s) re #1132 MOTION to Seal Certain Documents (for Merck and Glenmark Defendants), #1137 Declaration,,. (Attachments: #1 Exhibit 10)(Noona, Stephen)
September 11, 2020 Filing 1137 Declaration re #1136 Memorandum in Opposition, (of Christopher D. Dusseault) (for the Meck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10 (Public Version), #11 Exhibit 11, #12 Exhibit 12)(Noona, Stephen)
September 11, 2020 Filing 1136 Memorandum in Opposition re #1072 MOTION to Exclude Proposed Testimony of Mark Robbins, #1055 MOTION to Exclude Portions of the Proposed Testimony of Dr. Mark Robbins filed on behalf of all Plaintiffs filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 11, 2020 Filing 1135 Declaration re #1133 Memorandum in Support, (of Christopher D. Dusseault) (for the Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 11, 2020 Filing 1134 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1132 MOTION to Seal Certain Documents (for Merck and Glenmark Defendants) (Noona, Stephen)
September 11, 2020 Filing 1133 Memorandum in Support re #1132 MOTION to Seal Certain Documents (for Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 11, 2020 Filing 1132 MOTION to Seal Certain Documents (for Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
September 11, 2020 Filing 1131 Sealed Document re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol. (Attachments: #1 Exhibit PX066, #2 Exhibit PX067, #3 Exhibit PX068, #4 Exhibit PX069, #5 Exhibit PX070, #6 Exhibit PX071, #7 Exhibit PX072, #8 Exhibit PX073, #9 Exhibit PX074, #10 Exhibit PX075, #11 Exhibit PX079, #12 Exhibit PX080, #13 Exhibit PX082)(Monroe, William)
September 11, 2020 Filing 1130 Sealed Document re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol. (Attachments: #1 Exhibit PX041, #2 Exhibit PX044, #3 Exhibit PX045, #4 Exhibit PX048, #5 Exhibit PX049, #6 Exhibit PX050, #7 Exhibit PX054, #8 Exhibit PX055, #9 Exhibit PX056, #10 Exhibit PX057, #11 Exhibit PX058, #12 Exhibit PX059, #13 Exhibit PX060, #14 Exhibit PX061, #15 Exhibit PX062, #16 Exhibit PX064, #17 Exhibit PX065)(Monroe, William)
September 11, 2020 Filing 1129 Opposition to #1103 Objection to Report and Recommendations, for Class Certification and Amending Class Definition filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit Wingate Deposition, Redacted, #2 Exhibit Buchman Declaration)(Cales, James)
September 11, 2020 Filing 1128 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol (Monroe, William)
September 11, 2020 Filing 1127 Sealed Document re #1124 MOTION to Seal Portion of Response to Class Certification Report and Recommendation Objections. (Attachments: #1 Exhibit Wingate Deposition)(Cales, James)
September 11, 2020 Filing 1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
September 11, 2020 Filing 1125 Memorandum in Support re #1124 MOTION to Seal Portion of Response to Class Certification Report and Recommendation Objections filed by All End Payer Plaintiffs. (Attachments: #1 Proposed Order Proposed Sealing Order)(Cales, James)
September 11, 2020 Filing 1124 MOTION to Seal Portion of Response to Class Certification Report and Recommendation Objections by All End Payer Plaintiffs. (Cales, James)
September 11, 2020 Filing 1123 Notice of Filing Sealing Motion LCvR5(C) by All End Payer Plaintiffs (Cales, James)
September 11, 2020 Filing 1122 NOTICE by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #1119 Opposition,, GLENMARK DEFENDANTS' JOINDER IN THE MERCK DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCK'S PRIVILEGE ASSERTIONS (Ottinger, Richard)
September 11, 2020 Filing 1121 Sealed Response/Reply/Opposition re #1115 MOTION to Seal Certain Documents, #1119 Opposition,,. (Noona, Stephen)
September 11, 2020 Filing 1120 Declaration re #1119 Opposition,, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Noona, Stephen)
September 11, 2020 Filing 1119 Opposition to #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs, #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 11, 2020 Filing 1118 Declaration re #1116 Memorandum in Support (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 11, 2020 Filing 1117 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1115 MOTION to Seal Certain Documents (Noona, Stephen)
September 11, 2020 Filing 1116 Memorandum in Support re #1115 MOTION to Seal Certain Documents filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 11, 2020 Filing 1115 MOTION to Seal Certain Documents by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
September 11, 2020 Filing 1114 Memorandum in Opposition re #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark) on behalf of all Plaintiffs filed by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Carroll, Adam)
September 11, 2020 Filing 1113 Memorandum in Opposition re #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK PUBLIC VERSION on behalf of all Plaintiffs filed by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Carroll, Adam)
September 11, 2020 Filing 1112 Opposition to #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark) filed on behalf of all Plaintiffs filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 11, 2020 Filing 1111 Opposition to #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark) , #1035 Memorandum in Support, Fiiled on Behalf of All Plaintiff Groups filed by All End Payer Plaintiffs. (Cales, James) Modified docket text to include link to motion on 9/14/2020 (clou ).
September 11, 2020 Filing 1110 Opposition to #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark) Filed on Behalf of All Plaintiff Groups filed by All End Payer Plaintiffs. (Cales, James)
September 11, 2020 Opinion or Order Filing 1109 Agreed ORDER granting #1107 Joint MOTION for Entry of Agreed Order re #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs and Memorandum in Support. See order for details. Signed by Magistrate Judge Douglas E. Miller on 9/11/2020. (clou)
September 10, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1107 Joint MOTION Entry of Agreed Order re #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of a (clou, )
September 9, 2020 Filing 1108 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1107 Joint MOTION Entry of Agreed Order re #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of a (Notice of Filing of Corrected Exhibit) (Attachments: #1 Exhibit 1)(Noona, Stephen)
September 9, 2020 Filing 1107 Joint MOTION Entry of Agreed Order re #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs and Memorandum in Support by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: # 1 Exhibit 1)(Noona, Stephen) Modified on 9/9/2020 to remove Exhibit 1 at counsel's request. (clou ).
September 9, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1021 MOTION to Seal PORTIONS OF THE GLENMARK DEFENDANTS' PRESENTATION SLIDES FROM END PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION HEARING, #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhibit. (clou, )
September 8, 2020 Filing 1106 USCA Case Number - 20-432 - Petition for permission to appeal filed by Glenmark Generics INC., USA, Glenmark Pharmaceuticals, Ltd., MSP Singapore Co. LLC, Merck & Company, Incorporated, Merck Sharp & Dohme Corporation, Schering Corporation and Schering Plough Corporation. [20-432] Originating case number: 2:18-md-02836-RBS-DEM. Case manager: JRice. [20-432] (clou )
September 8, 2020 Opinion or Order Filing 1105 Agreed ORDER re #1104 Joint MOTION to Enter Proposed Agreed Order and Stipulation on Summary Judgment Briefing. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/8/2020. (clou )
September 4, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1104 Joint MOTION to Enter Proposed Agreed Order and Stipulation on Summary Judgment Briefing filed on behalf of all parties (clou, )
September 3, 2020 Filing 1104 Joint MOTION to Enter Proposed Agreed Order and Stipulation on Summary Judgment Briefing filed on behalf of all parties by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
August 28, 2020 Filing 1103 OBJECTION to #1094 Report and Recommendations (Defendants' Objections To The Report And Recommendation Granting End-Payor Plaintiffs' Motion For Class Certification) (filed by Merck and Glenmark Defendants) (Tables of Content and Authority per ECF No. 1026) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 25, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1045 MOTION to Seal MOTION TO SEAL PORTIONS OF THE GLENMARK DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DEFENDANTS' MEMORANDUM IN SUPPORT OF JOINT MOTION TO EXCLUDE PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, AND RELA, #1058 MOTION to Seal Portions of Memorandum in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions, and Exhibits Thereto, #1052 MOTION for Joinder in Glenmark's Motion to Seal [ECF 1045], #1060 MOTION to Seal Certain Documents (clou )
August 21, 2020 Opinion or Order Filing 1102 ORDER re #922 MOTION to Amend/Correct #839 Answer to Complaint. The instant Motion is DENIED WITHOUT PREJUDICE AS MOOT. For good cause shown, the Merck Defendants' Motion for Leave to File a Response to the Notice, ECF No. #1028 , is GRANTED. The Merck Defendants' Objection to the R&R, ECF No. #990 , is SUSTAINED. See Order for specific details. Copies distributed to all counsel. Signed by District Judge Rebecca Beach Smith on 8/21/2020. (clou, )
August 21, 2020 Opinion or Order Filing 1101 Memorandum ORDER : Overruling the Defendants' Objections, ECF No. #995 . The court ADOPTS AND APPROVES IN FULL the findings and recommendations set forth in the Magistrate Judge's thorough and well-reasoned R&R, ECF No. #967 . Accordingly, the court GRANTS the DPPs' Motion to Modify Their Class Definition, ECF No. #812 , and GRANTS IN PART the DPPs' Motion for Class Certification, ECF No. #735 See Memorandum Order for details. Signed by District Judge Rebecca Beach Smith on 8/21/2020. (clou )
August 21, 2020 Opinion or Order Filing 1100 ORDER and Stipulation. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 8/21/2020. (clou )
August 21, 2020 Opinion or Order Filing 1099 ORDER and Stipulation. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 8/21/2020. (clou )
August 17, 2020 Filing 1098 Declaration re #1097 Response in Support of Motion,, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 17, 2020 Filing 1097 RESPONSE in Support re #1058 MOTION to Seal Portions of Memorandum in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions, and Exhibits Thereto, #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhib filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
August 17, 2020 Filing 1096 RESPONSE in Support re #1060 MOTION to Seal Certain Documents, #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhib (GLENMARK DEFENDANTS' RESPONSE IN PARTIAL SUPPORT OF PLAINTIFFS' AND THE MERCK DEFENDANTS' RESPECTIVE MOTIONS TO SEAL) filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
August 17, 2020 Filing 1095 RESPONSE in Support re #1045 MOTION to Seal MOTION TO SEAL PORTIONS OF THE GLENMARK DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DEFENDANTS' MEMORANDUM IN SUPPORT OF JOINT MOTION TO EXCLUDE PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, AND RELA, #1060 MOTION to Seal Certain Documents, #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhib filed by Par Pharmaceutical, Inc.. (Attachments: #1 Exhibit 1 - Proposed Order)(McNichols, John)
August 14, 2020 Filing 1094 REPORT AND RECOMMENDATIONS re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel . See Report and Recommendations for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 8/13/2020. (clou)
August 11, 2020 Filing 1093 Sealed Document re #1090 Sealed Document,, #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhib. (Attachments: #1 Exhibit PX011)(Monroe, William)
August 11, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1029 Joint MOTION Joint Motion and Memorandum In Support Of Joint Motion To Enter Agreed Proposed Order and Stipulation On Sealing re #1018 Telephone Conference, (for all parties) (clou, )
August 11, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1030 Joint MOTION Joint Motion and Memorandum In Support Of Joint Motion To Enter Agreed Proposed Order And Stipulation On Briefing re #1018 Telephone Conference, (for all parties) (clou, )
August 10, 2020 Filing 1092 Memorandum in Support re #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhib filed on behalf of Purchasers filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
August 10, 2020 Filing 1091 Sealed Document re #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhib. (Attachments: #1 Exhibit PX018, #2 Exhibit PX019, #3 Exhibit PX020, #4 Exhibit PX021, #5 Exhibit PX022, #6 Exhibit PX025, #7 Exhibit PX026, #8 Exhibit PX028, #9 Exhibit PX029, #10 Exhibit PX030, #11 Exhibit PX031, #12 Exhibit PX032, #13 Exhibit PX034, #14 Exhibit PX038)(Monroe, William)
August 10, 2020 Filing 1090 Sealed Document re #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhib. (Attachments: #1 Exhibit PX001, #2 Exhibit PX003, #3 Exhibit PX005, #4 Exhibit PX006, #5 Exhibit PX008, #6 Exhibit PX009, #7 Exhibit PX010, #8 Exhibit PX012, #9 Exhibit PX013, #10 Exhibit PX014, #11 Exhibit PX015, #12 Exhibit PX016, #13 Exhibit PX017)(Monroe, William)
August 10, 2020 Filing 1089 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhib (Monroe, William)
August 10, 2020 Filing 1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhibits, filed on behalf of Purchasers by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
August 10, 2020 Filing 1087 Sealed Attachment/Exhibit(s) re #1082 NOTICE,,,,, #1084 NOTICE,,,,, #1083 NOTICE,,,,, #1060 MOTION to Seal Certain Documents, #1079 Declaration,,,,. (Attachments: #1 Exhibit 44, #2 Exhibit 59, #3 Exhibit 60, #4 Exhibit 80, #5 Exhibit 81, #6 Exhibit 88, #7 Exhibit 94)(Noona, Stephen)
August 10, 2020 Filing 1086 Declaration re #1055 MOTION to Exclude Portions of the Proposed Testimony of Dr. Mark Robbins filed on behalf of all Plaintiffs, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs, #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers Declaration of Thomas M. Sobol by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit PX001 Redacted, #2 Exhibit PX002, #3 Exhibit PX003 Redacted, #4 Exhibit PX004, #5 Exhibit PX005 Filed Under Seal, #6 Exhibit PX006 Redacted, #7 Exhibit PX007, #8 Exhibit PX008 Redacted, #9 Exhibit PX009 Redacted, #10 Exhibit PX010 Filed Under Seal, #11 Exhibit PX011 Redacted, #12 Exhibit PX012 Filed Under Seal, #13 Exhibit PX013 Redacted, #14 Exhibit PX014 Filed Under Seal, #15 Exhibit PX015 Filed Under Seal, #16 Exhibit PX016 Redacted, #17 Exhibit PX017 Redacted, #18 Exhibit PX018 Filed Under Seal, #19 Exhibit PX019 Filed Under Seal, #20 Exhibit PX020 Filed Under Seal, #21 Exhibit PX021 Filed Under Seal, #22 Exhibit PX022 Filed Under Seal, #23 Exhibit PX023, #24 Exhibit PX024, #25 Exhibit PX025 Redacted, #26 Exhibit PX026 Filed Under Seal, #27 Exhibit PX027, #28 Exhibit PX028 Filed Under Seal, #29 Exhibit PX029 Redacted, #30 Exhibit PX030 Redacted, #31 Exhibit PX031 Redacted, #32 Exhibit PX032 Redacted, #33 Exhibit PX033, #34 Exhibit PX034 Redacted, #35 Exhibit PX035, #36 Exhibit PX036, #37 Exhibit PX037, #38 Exhibit PX038 Redacted, #39 Exhibit PX039, #40 Exhibit PX040)(Monroe, William)
August 10, 2020 Filing 1085 Sealed Memorandum in Support re #1069 Memorandum in Support, #1060 MOTION to Seal Certain Documents. (Noona, Stephen)
August 10, 2020 Filing 1084 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1069 Memorandum in Support, #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark), #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark), #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark), #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark), #1079 Declaration,,,, (Notice of Filing of Additional Exhibits) (Attachments: #1 Exhibit 76, #2 Exhibit 77, #3 Exhibit 78, #4 Exhibit 79, #5 Exhibit 80 (Public Version), #6 Exhibit 81 (Public Version), #7 Exhibit 82, #8 Exhibit 83, #9 Exhibit 84, #10 Exhibit 85, #11 Exhibit 86, #12 Exhibit 87, #13 Exhibit 88 (Public Version), #14 Exhibit 89, #15 Exhibit 90, #16 Exhibit 91, #17 Exhibit 92, #18 Exhibit 93, #19 Exhibit 94 (Public Version), #20 Exhibit 95, #21 Exhibit 96)(Noona, Stephen)
August 10, 2020 Filing 1083 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1069 Memorandum in Support, #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark), #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark), #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark), #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark), #1079 Declaration,,,, (Notice of Filing of Additional Exhibits) (Attachments: #1 Exhibit 51, #2 Exhibit 52, #3 Exhibit 53, #4 Exhibit 54, #5 Exhibit 55, #6 Exhibit 56, #7 Exhibit 57, #8 Exhibit 58, #9 Exhibit 59 (Public Version), #10 Exhibit 60 (Public Version), #11 Exhibit 61, #12 Exhibit 62, #13 Exhibit 63, #14 Exhibit 64, #15 Exhibit 65, #16 Exhibit 66, #17 Exhibit 67, #18 Exhibit 68, #19 Exhibit 69, #20 Exhibit 70, #21 Exhibit 71, #22 Exhibit 72, #23 Exhibit 73, #24 Exhibit 74, #25 Exhibit 75)(Noona, Stephen)
August 10, 2020 Filing 1082 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1069 Memorandum in Support, #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark), #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark), #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark), #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark), #1079 Declaration,,,, (Notice of Filing of Additional Exhibits) (Attachments: #1 Exhibit 26, #2 Exhibit 27, #3 Exhibit 28, #4 Exhibit 29, #5 Exhibit 30, #6 Exhibit 31, #7 Exhibit 32, #8 Exhibit 33, #9 Exhibit 34, #10 Exhibit 35, #11 Exhibit 36, #12 Exhibit 37, #13 Exhibit 38, #14 Exhibit 39, #15 Exhibit 40, #16 Exhibit 41, #17 Exhibit 42, #18 Exhibit 43, #19 Exhibit 44 (Public Version), #20 Exhibit 45, #21 Exhibit 46, #22 Exhibit 47, #23 Exhibit 48, #24 Exhibit 49, #25 Exhibit 50)(Noona, Stephen)
August 10, 2020 Filing 1081 Brief in Support to #1080 MOTION for Partial Summary Judgment filed by All End Payer Plaintiffs. (Cales, James)
August 10, 2020 Filing 1080 MOTION for Partial Summary Judgment by All End Payer Plaintiffs. (Cales, James)
August 10, 2020 Filing 1079 Declaration re #1069 Memorandum in Support, #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark), #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark), #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark), #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark) (of Samuel G. Liversidge by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Noona, Stephen)
August 10, 2020 Filing 1078 Memorandum in Support re #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
August 10, 2020 Filing 1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
August 10, 2020 Filing 1076 NOTICE by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #1061 Memorandum in Support, #1060 MOTION to Seal Certain Documents GLENMARK DEFENDANTS' NOTICE OF PARTIAL JOINDER TO MERCK'S MOTION TO SEAL (Ottinger, Richard)
August 10, 2020 Filing 1075 Brief in Support to #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS filed by All End Payer Plaintiffs. (Cales, James)
August 10, 2020 Filing 1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS by All End Payer Plaintiffs. (Cales, James)
August 10, 2020 Filing 1073 Brief in Support to #1072 MOTION to Exclude Proposed Testimony of Mark Robbins filed by All End Payer Plaintiffs. (Cales, James)
August 10, 2020 Filing 1072 MOTION to Exclude Proposed Testimony of Mark Robbins by All End Payer Plaintiffs. (Cales, James)
August 10, 2020 Filing 1071 Brief in Support to #1070 MOTION to Exclude Proposed Testimony of Anupam Jena filed by All End Payer Plaintiffs. (Cales, James)
August 10, 2020 Filing 1070 MOTION to Exclude Proposed Testimony of Anupam Jena by All End Payer Plaintiffs. (Cales, James)
August 10, 2020 Filing 1069 Memorandum in Support re #1067 MOTION for Summary Judgment (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 10, 2020 Filing 1068 Memorandum in Support re #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
August 10, 2020 Filing 1067 MOTION for Summary Judgment by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
August 10, 2020 Filing 1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
August 10, 2020 Filing 1065 Memorandum in Support re #1058 MOTION to Seal Portions of Memorandum in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions, and Exhibits Thereto filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
August 10, 2020 Filing 1064 Sealed Document re #1058 MOTION to Seal Portions of Memorandum in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions, and Exhibits Thereto. (Attachments: #1 Exhibit A., #2 Exhibit B., #3 Exhibit C., #4 Exhibit D., #5 Exhibit E., #6 Exhibit F., #7 Exhibit G., #8 Exhibit H., #9 Exhibit I., #10 Exhibit J., #11 Exhibit K., #12 Exhibit L., #13 Exhibit M., #14 Exhibit N., #15 Exhibit O., #16 Exhibit P., #17 Exhibit Q., #18 Exhibit R., #19 Exhibit S., #20 Exhibit T., #21 Exhibit U., #22 Exhibit V., #23 Exhibit W., #24 Exhibit X., #25 Exhibit Y.)(Monroe, William)
August 10, 2020 Filing 1063 Declaration re #1061 Memorandum in Support (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 10, 2020 Filing 1062 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1060 MOTION to Seal Certain Documents (Noona, Stephen)
August 10, 2020 Filing 1061 Memorandum in Support re #1060 MOTION to Seal Certain Documents filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 10, 2020 Filing 1060 MOTION to Seal Certain Documents by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 10, 2020 Filing 1059 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1058 MOTION to Seal Portions of Memorandum in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions, and Exhibits Thereto (Monroe, William)
August 10, 2020 Filing 1058 MOTION to Seal Portions of Memorandum in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions, and Exhibits Thereto by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
August 10, 2020 Filing 1057 Declaration re #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs Declaration of Sharon K. Robertson by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit A. Redacted, #2 Exhibit B. Filed Under Seal, #3 Exhibit C. Filed Under Seal, #4 Exhibit D. Filed Under Seal, #5 Exhibit E. Redacted, #6 Exhibit F. Filed Under Seal, #7 Exhibit G. Filed Under Seal, #8 Exhibit H. Filed Under Seal, #9 Exhibit I., #10 Exhibit J., #11 Exhibit K. Filed Under Seal, #12 Exhibit L. Redacted, #13 Exhibit M. Filed Under Seal, #14 Exhibit N. Filed Under Seal, #15 Exhibit O. Filed Under Seal, #16 Exhibit P. Filed Under Seal, #17 Exhibit Q. Filed Under Seal, #18 Exhibit R. Filed Under Seal, #19 Exhibit S. Filed Under Seal, #20 Exhibit T. Filed Under Seal, #21 Exhibit U. Filed Under Seal, #22 Exhibit V. Filed Under Seal, #23 Exhibit W. Filed Under Seal, #24 Exhibit X. Filed Under Seal, #25 Exhibit Y. Filed Under Seal)(Monroe, William)
August 10, 2020 Filing 1056 Memorandum in Support re #1055 MOTION to Exclude Portions of the Proposed Testimony of Dr. Mark Robbins filed on behalf of all Plaintiffs filed by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Carroll, Adam)
August 10, 2020 Filing 1055 MOTION to Exclude Portions of the Proposed Testimony of Dr. Mark Robbins filed on behalf of all Plaintiffs by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Attachments: #1 Proposed Order)(Carroll, Adam)
August 10, 2020 Filing 1054 Memorandum in Support re #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
August 10, 2020 Filing 1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
August 10, 2020 Filing 1052 MOTION for Joinder in Glenmark's Motion to Seal [ECF 1045] by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 10, 2020 Filing 1051 Sealed Memorandum in Support re #1044 Declaration,, #1041 Memorandum in Support,. (Attachments: #1 Exhibit 3 (Under Seal), #2 Exhibit 5 (Under Seal), #3 Exhibit 6 (Under Seal), #4 Exhibit 7 (Under Seal))(Ottinger, Richard)
August 10, 2020 Filing 1050 Sealed Memorandum in Support re #1038 Memorandum in Support, #1039 Declaration,,,,,. (Attachments: #1 Exhibit 44 (Under Seal), #2 Exhibit 51 (Under Seal), #3 Exhibit 52 (under Seal), #4 Exhibit 53 (Under Seal))(Ottinger, Richard)
August 10, 2020 Filing 1049 Memorandum in Support re #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 10, 2020 Filing 1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 10, 2020 Filing 1047 Notice of Under Seal Filing LCvR5 (B) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #1045 MOTION to Seal MOTION TO SEAL PORTIONS OF THE GLENMARK DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DEFENDANTS' MEMORANDUM IN SUPPORT OF JOINT MOTION TO EXCLUDE PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, AND RELA, #1038 Memorandum in Support, #1041 Memorandum in Support, (Ottinger, Richard)
August 10, 2020 Filing 1046 Memorandum in Support re #1045 MOTION to Seal MOTION TO SEAL PORTIONS OF THE GLENMARK DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DEFENDANTS' MEMORANDUM IN SUPPORT OF JOINT MOTION TO EXCLUDE PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, AND RELA filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 10, 2020 Filing 1045 MOTION to Seal MOTION TO SEAL PORTIONS OF THE GLENMARK DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DEFENDANTS' MEMORANDUM IN SUPPORT OF JOINT MOTION TO EXCLUDE PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, AND RELATED EXHIBITS by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
August 10, 2020 Filing 1044 Declaration re #1041 Memorandum in Support, DECLARATION OF R. BRENDAN FEE IN SUPPORT OF DEFENDANTS' JOINT MOTION AND MEMORANDUM TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (Redacted), #4 Exhibit 4, #5 Exhibit 5 (Redacted), #6 Exhibit 6 (Redacted), #7 Exhibit 7 (Redacted))(Ottinger, Richard)
August 10, 2020 Filing 1043 Memorandum in Support re #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 10, 2020 Filing 1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 10, 2020 Filing 1041 Memorandum in Support re #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK (Redacted Public Version) filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 10, 2020 Filing 1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
August 10, 2020 Filing 1039 Declaration re #1038 Memorandum in Support DECLARATION OF STEVEN A. REED IN SUPPORT OF THE GLENMARK DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON ALL CLAIMS by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44 (Under Seal), #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51 (Redacted), #52 Exhibit 52 (Redacted), #53 Exhibit 53 (Redacted), #54 Exhibit 54, #55 Exhibit 55)(Ottinger, Richard)
August 10, 2020 Filing 1038 Memorandum in Support re #1037 MOTION for Summary Judgment on All Claims (Public Version) filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 10, 2020 Filing 1037 MOTION for Summary Judgment on All Claims by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
August 10, 2020 Filing 1036 Declaration re #1035 Memorandum in Support, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Noona, Stephen)
August 10, 2020 Filing 1035 Memorandum in Support re #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 10, 2020 Filing 1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 10, 2020 Filing 1033 Declaration re #1032 Memorandum in Support, (of Jennifer L. Greenblatt) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Noona, Stephen)
August 10, 2020 Filing 1032 Memorandum in Support re #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 10, 2020 Filing 1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 8, 2020 Filing 1030 Joint MOTION Joint Motion and Memorandum In Support Of Joint Motion To Enter Agreed Proposed Order And Stipulation On Briefing re #1018 Telephone Conference,,,,, (for all parties) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
August 8, 2020 Filing 1029 Joint MOTION Joint Motion and Memorandum In Support Of Joint Motion To Enter Agreed Proposed Order and Stipulation On Sealing re #1018 Telephone Conference,,,,, (for all parties) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
August 7, 2020 Filing 1028 MOTION for Leave to File (Motion For Leave To File A Response and Memorandum In Support Of Motion To File Response To Direct Purchaser Plaintiffs' Notice Of Filing Of Supplemental Authority Relating To ECF Nos. 990 and 995) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2 (Supplemental Response)))(Noona, Stephen)
August 7, 2020 Filing 1027 RESPONSE to Motion re #1021 MOTION to Seal PORTIONS OF THE GLENMARK DEFENDANTS' PRESENTATION SLIDES FROM END PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION HEARING filed by All End Payer Plaintiffs. (Cales, James)
August 5, 2020 Opinion or Order Filing 1026 Agreed ORDER granting #1025 Joint MOTION Joint Motion to Enter Agreed Order re 1019 Order, 1018 Telephone Conference, (by all parties). Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 8/5/2020. (clou )
August 4, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1025 Joint MOTION Joint Motion to Enter Agreed Order re #1019 Order, #1018 Telephone Conference, (by all parties) (clou, )
August 3, 2020 Filing 1025 Joint MOTION Joint Motion to Enter Agreed Order re #1019 Order, #1018 Telephone Conference,,,,, (by all parties) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
July 31, 2020 Filing 1024 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #998 Motion Hearing,,,,,,,, (Notice Of Filing Of Presentation Slides From July 7, 2020 Hearing) (Attachments: #1 Exhibit 1)(Noona, Stephen)
July 31, 2020 Filing 1023 Notice of Filing Sealing Motion LCvR5(C) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #1020 Sealed Document, #1021 MOTION to Seal PORTIONS OF THE GLENMARK DEFENDANTS' PRESENTATION SLIDES FROM END PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION HEARING (Ottinger, Richard)
July 31, 2020 Filing 1022 Memorandum in Support re #1021 MOTION to Seal PORTIONS OF THE GLENMARK DEFENDANTS' PRESENTATION SLIDES FROM END PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION HEARING filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
July 31, 2020 Filing 1021 MOTION to Seal PORTIONS OF THE GLENMARK DEFENDANTS' PRESENTATION SLIDES FROM END PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION HEARING by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2 (Public Version))(Ottinger, Richard)
July 31, 2020 Filing 1020 Sealed Document. (Ottinger, Richard)
July 31, 2020 Opinion or Order Filing 1019 ORDER modifying summary judgment briefing page limits (see Pretrial Order 9 ECF #909 ). The court will entertain requests by Plaintiffs to modify the page limit for responsive briefing at the appropriate time. Copies distributed to all counsel. See order for specific details. Signed by Magistrate Judge Douglas E. Miller on 7/31/2020. (clou )
July 31, 2020 Filing 1018 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller: Telephone Conference held on 7/31/2020. The matter came before the Court for a telephone conference regarding page limits on upcoming motions to be filed in case. Stephen Noona and Christopher Dusseault present for Defendants Merck & Co, Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp. and MSP Singapore Co. LLC. Adam Carroll, Barry Refsin and Scott Perwin present for Retailer Purchaser Plaintiffs. William Monroe, Tom Sobol and Brad Vettraino present for Direct Purchaser Plaintiffs. James Cales, Marvin Miller and Michael Buchman present for End-Payor Plaintiffs. Brendan Fee, Zak Johns, Steve Reed and Richard Ottinger present for Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc, USA. Argument by Chris Dusseault, Richard Ottinger, Scott Perwin, Brad Vettraino Jim Cales, Steve Noona, Tom Sobol and Bill Monroe heard. Comments and questions by the Court.The Court directed that page limits for moving parties on summary judgment motions would be limited as follows: 50 pages for Merck and 45 pages for Glenmark. The Court also advised parties to consider carefully any sealing requests in support of dispositive arguments and directed the parties to file an order regarding any agreed deviations from the present briefing schedule. The Court is to issue a short order. Telephone conference adjourned. (jjon)
July 31, 2020 Set Deadlines/Hearings Telephone Conference set for 7/31/2020 at 02:00 PM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (jjon)
July 29, 2020 Filing 1017 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #995 Objection to Report and Recommendations, #990 Objection to Report and Recommendations, Notice of Supplemental Authority (Attachments: #1 Exhibit A.)(Monroe, William)
July 27, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1004 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Response to Defendants' Objections and Exhibit 49 to Declaration re Class Certification, #1011 MOTION to Seal (clou, )
July 24, 2020 Filing 1016 RESPONSE in Support re #1011 MOTION to Seal (by Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 23, 2020 Filing 1015 RESPONSE in Support re #1004 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Response to Defendants' Objections and Exhibit 49 to Declaration re Class Certification filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 20, 2020 Filing 1014 TRANSCRIPT of Proceedings held on 7/7/20, before Judge Douglas E. Miller, Court Reporter/Transcriber Paul McManus, Telephone number 757-222-7077. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov 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 Redaction Request due 8/19/2020. Redacted Transcript Deadline set for 9/21/2020. Release of Transcript Restriction set for 10/19/2020.(mcmanus, paul)
July 17, 2020 Filing 1013 NOTICE by All End Payer Plaintiffs of filing July 7, 2020 Hearing Slides (Attachments: #1 Exhibit, #2 Exhibit)(Cales, James)
July 17, 2020 Filing 1012 Memorandum in Support re #1011 MOTION to Seal and Proposed Order filed by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James)
July 17, 2020 Filing 1011 MOTION to Seal by All End Payer Plaintiffs. (Attachments: #1 Exhibit)(Cales, James)
July 17, 2020 Filing 1010 Notice of Filing Sealing Motion LCvR5(C) by All End Payer Plaintiffs re #1009 Sealed Document (Cales, James)
July 17, 2020 Filing 1009 Sealed Document. (Cales, James)
July 16, 2020 Filing 1008 Memorandum in Support re #1004 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Response to Defendants' Objections and Exhibit 49 to Declaration re Class Certification filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
July 16, 2020 Filing 1007 Sealed Attachment/Exhibit(s) re #1004 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Response to Defendants' Objections and Exhibit 49 to Declaration re Class Certification. (Attachments: #1 Exhibit 49)(Monroe, William)
July 16, 2020 Filing 1006 Sealed Response/Reply/Opposition re #1004 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Response to Defendants' Objections and Exhibit 49 to Declaration re Class Certification. (Monroe, William)
July 16, 2020 Filing 1005 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1004 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Response to Defendants' Objections and Exhibit 49 to Declaration re Class Certification (Monroe, William)
July 16, 2020 Filing 1004 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Response to Defendants' Objections and Exhibit 49 to Declaration re Class Certification by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
July 16, 2020 Filing 1003 Declaration re #1002 Response,, by Thomas Sobol in Support of Direct Purchaser Plaintiffs' Response to Defendants' Objections re Class Certification by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit 48 - DPP Class Presentation [Redacted], #2 Exhibit 49 [File under seal])(Monroe, William)
July 16, 2020 Filing 1002 Response to #967 REPORT AND RECOMMENDATIONS re #812 MOTION To Modify Direct Purchaser Plaintiffs' Class Definition re #735 MOTION to Certify Class filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly sit, #995 Objection to Report and Recommendations, Direct Purchaser Plaintiffs' Response to Defendants' Objections [REDACTED] filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
July 16, 2020 Filing 1001 Reply to #968 REPORT AND RECOMMENDATIONS re #922 MOTION to Amend/Correct #839 Answer to Complaint, filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #990 Objection to Report and Recommendations, Direct Purchaser Plaintiffs Response to Merck's Objection filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
July 15, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #991 Joint MOTION to Seal Certain Documents (by Merck and Glenmark Defendants) (clou, )
July 14, 2020 Filing 1000 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated re #999 NOTICE Withdrawal of Notice of Change of Party Name (Monroe, William)
July 9, 2020 Filing 999 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated Change of Party Name (Monroe, William)
July 8, 2020 Filing 997 Letter re Proposed Direct Purchaser Class Representative Rochester Drug Co-Operative, Inc... (Attachments: #1 Exhibit A)(Monroe, William)
July 7, 2020 Filing 998 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 7/7/2020 re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel filed by The Uniformed Firefighters' Association of Greater New York Security Benefit Fund, UFCW Local 1500 Welfare Fund, on behalf of itself and all others similarly situated, International Union of Operating Engineers Local 49 Health and Welfare Fund on behalf of itself and all others similarly situated, Painters District Council No. 30 Health and Welfare Fund, on behalf of itself and all others similarly situated, City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated, Philadelphia Federation of Teachers Health and Welfare Fund, Sergeants Benevolent Association Health & Welfare Fund, on behalf of itself and all others similarly situated, All End Payer Plaintiffs, The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel filed by All End Payer Plaintiffs. Matter came on for hearing on motions (#729) to Certify Class, Appoint Class Representatives and Class Counsel and (#809) for Leave to Modify and Limit Class Definition. Present were: Adam Carroll and Eric Bloom on behalf of the retailers, Bill Monroe, David Sorenson, Ellen Noteware on behalf of the direct purchaser plaintiffs, Jim Cales, Michael Buchman, Michelle Clerkin, Marvin Miller, Alan Rashkind and Matthew Van Tine on behalf of the end purchasers, Stephen Noona, Eric Stock, Samuel Liversidge, Christopher Dusseault, Samuel Han, Alan Harberg, Richard Billups, Gerard Devlin and Tina Barton on behalf of Merck, Richard Ottinger, Steve Reed, Zak Johns, Brendan Fee, Jenny Eaton and Brian Hirsch on behalf of Glenmark. Comments and questions by the Court. Counsel argued the motions and responses and remarks heard. The Court will issue a report and recommendation and objections may be filed as appropriate. Hearing adjourned. (Court Reporter Paul McManus, OCR.)(cdod, )
July 2, 2020 Filing 996 Sealed Document re #991 Joint MOTION to Seal Certain Documents (by Merck and Glenmark Defendants), #995 Objection to Report and Recommendations,. (Noona, Stephen)
July 2, 2020 Filing 995 OBJECTION to #967 Report and Recommendations (Granting In Part Direct Purchaser Plaintiffs' Motion For Class Certification) (by the Merck and Glenmark Defendants) (Public Version) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 2, 2020 Filing 994 Declaration re #992 Memorandum in Support, (of Ashley E. Johnson) (by Glenmark and Merck Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 2, 2020 Filing 993 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #991 Joint MOTION to Seal Certain Documents (by Merck and Glenmark Defendants) (Noona, Stephen)
July 2, 2020 Filing 992 Memorandum in Support re #991 Joint MOTION to Seal Certain Documents (by Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 2, 2020 Filing 991 Joint MOTION to Seal Certain Documents (by Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
July 2, 2020 Filing 990 OBJECTION to #968 Report and Recommendations (Denying Without Prejudice Merck's Motion For Leave To Amend Its Answer) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
June 30, 2020 Opinion or Order Filing 989 ORDER granting #985 Motion for Pro hac vice for Daniel Evan Rubenstein as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 06/30/20. (tlev, )
June 30, 2020 Opinion or Order Filing 988 ORDER granting #984 Motion for Pro hac vice for John Radice as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 06/30/20. (tlev, )
June 29, 2020 Filing 987 Redaction of 931 Transcript,,, (stewart, jody)
June 29, 2020 Opinion or Order Filing 986 Sealing ORDER re #960 Joint MOTION to Seal (Joint Motion by Merck and Glenmark Defendants To Seal Limited Portions Of Transcript Of May 1, 2020 Hearing On End-Payor Plaintiffs' Motion To Certify Class). Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/29/2020. (clou )
June 26, 2020 Filing 985 Motion to appear Pro Hac Vice by Daniel Evan Rubenstein and Certification of Local Counsel William H. Monroe, Jr. Corrected and refiled by FWK Holdings, LLC. (Monroe, William)
June 26, 2020 Filing 984 Motion to appear Pro Hac Vice by John Daniel Radice and Certification of Local Counsel William H. Monroe, Jr. Corrected and refiled by FWK Holdings, LLC. (Monroe, William)
June 26, 2020 Notice of Correction re #983 Motion to appear Pro Hac Vice by Daniel Evan Rubenstein and #982 Motion to appear Pro Hac Vice by John Daniel Radice and Certification of Local Counsel William H. Monroe, Jr. The motions do not match the docket entry regarding parties represented. Counsel should re file the motion with the corrected information. Counsel should not pay the fees a second time. (tlev, )
June 25, 2020 Filing 983 Motion to appear Pro Hac Vice by Daniel Evan Rubenstein and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-7269692. by FWK Holdings, LLC. (Monroe, William)
June 25, 2020 Filing 982 Motion to appear Pro Hac Vice by John Daniel Radice and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-7269663. by FWK Holdings, LLC. (Monroe, William)
June 25, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #969 MOTION for Leave to File Response to Defendants' Notice of Supplemental Authority (clou, )
June 25, 2020 Set/Reset Hearings as to #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel : Motion Hearing set for 7/7/2020 at 01:00 PM in Norfolk Remote via Zoom before Magistrate Judge Douglas E. Miller. (jjon)
June 24, 2020 Filing 981 RESPONSE to Motion re #969 MOTION for Leave to File Response to Defendants' Notice of Supplemental Authority (MERCK AND GLENMARK DEFENDANTS' RESPONSE TO END-PURCHASER PLAINTIFFS' MOTION TO FILE A RESPONSE TO DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY) filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
June 24, 2020 Opinion or Order Filing 980 ORDER entered as modified by the court #940 Joint MOTION to Seal Presentation Slides on behalf of Merck and Glenmark Defendants. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/24/2020. (clou )
June 24, 2020 Opinion or Order Filing 979 Sealing ORDER entered as modified by the court #937 MOTION to Seal EPP Class Hearing Slides. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/24/2020. (clou )
June 24, 2020 Opinion or Order Filing 978 Sealing ORDER entered as modified by the court re #950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants). Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/24/2020. (clou )
June 24, 2020 Opinion or Order Filing 977 Sealing ORDER entered as modified by the court #947 MOTION to Seal Supplemental Memorandum in Support of Class Certification Motion and Motion to Amend Class Definition. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/24/2020. (clou )
June 23, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #960 Joint MOTION to Seal (Joint Motion by Merck and Glenmark Defendants To Seal Limited Portions Of Transcript Of May 1, 2020 Hearing On End-Payor Plaintiffs' Motion To Certify Class) (clou, )
June 22, 2020 Opinion or Order Filing 976 ORDER entered as modified by the court #918 MOTION to Seal Certain Documents. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/22/2020. (clou )
June 22, 2020 Opinion or Order Filing 975 ORDER entered as modified by the court #916 MOTION to Seal Craft Errata. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/22/2020. (clou )
June 22, 2020 Opinion or Order Filing 974 ORDER entered as modified by the court re #879 MOTION to Seal Portions of their reply Memorandum in Support of Class Certification ; #882 MOTION to Seal Portions of their Reply Memorandum of law in Support of their Motion for Leave to Modify and Limit their Class Definition. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/22/2020. (clou )
June 22, 2020 Opinion or Order Filing 973 ORDER entered as modified by the court #873 MOTION to Seal Portions of the Reply Memorandum In Support of Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/22/2020. (clou )
June 22, 2020 Opinion or Order Filing 972 ORDER entered as modified by the court #825 Joint MOTION to Seal Portions of Defendants' Opposition to the End Payor Plaintiffs' Motion for Class Certification, Portions of the Declaration of Eric Stock and Related Exhibits, and the Declaration of James Hughes, Ph.D. and Donald J. Dietz in Support. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/22/2020. (clou )
June 22, 2020 Opinion or Order Filing 971 ORDER entered as modified by the court re #815 Joint MOTION to Seal Portions of Defendants' Opposition to the Direct Purchaser Plaintiffs' Motion for Class Certification, Portions of the Declaration of Christopher D. Dusseault and Related Exhibits, and the Declaration of Bruce Strombom, Ph.D. in Support. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/22/2020. (clou )
June 19, 2020 Filing 970 Brief in Support to #969 MOTION for Leave to File Response to Defendants' Notice of Supplemental Authority filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit)(Cales, James)
June 19, 2020 Filing 969 MOTION for Leave to File Response to Defendants' Notice of Supplemental Authority by All End Payer Plaintiffs. (Cales, James)
June 18, 2020 Filing 968 REPORT AND RECOMMENDATIONS: Any party may serve upon the other party and file with the Clerk written objections to the foregoing findings and recommendations within fourteen (14) days from the date this report is forwarded to the objecting party re #922 MOTION to Amend/Correct. A party may respond to any other party's objections within fourteen (14) days after being served with a copy thereof. Signed by Magistrate Judge Douglas E. Miller on 6/18/20. (afar)
June 18, 2020 Filing 967 REPORT AND RECOMMENDATIONS: Any party may serve upon the other party and file with the Clerk written objections to the foregoing findings and recommendations within fourteen (14) days from the date this report re #735 MOTION to Certify Class and #812 MOTION To Modify Direct Purchaser Plaintiffs' Class Definition. A party may respond to any other party'sobjections within fourteen (14) days after being served with a copy thereof. Signed by Magistrate Judge Douglas E. Miller on 6/18/20. (afar)
June 15, 2020 Filing 966 RESPONSE to Motion re #960 Joint MOTION to Seal (Joint Motion by Merck and Glenmark Defendants To Seal Limited Portions Of Transcript Of May 1, 2020 Hearing On End-Payor Plaintiffs' Motion To Certify Class) filed by All End Payer Plaintiffs. (Cales, James)
June 9, 2020 Filing 965 NOTICE by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #954 Memorandum in Opposition,, #829 Opposition, (DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY IN OPPOSITION TO END-PAYOR PLAINTIFFS MOTION FOR CLASS CERTIFICATION) (Attachments: #1 Exhibit A)(Ottinger, Richard)
June 8, 2020 Filing 964 Sealed Attachment/Exhibit(s) re #960 Joint MOTION to Seal (Joint Motion by Merck and Glenmark Defendants To Seal Limited Portions Of Transcript Of May 1, 2020 Hearing On End-Payor Plaintiffs' Motion To Certify Class). (Attachments: #1 Exhibit 2)(Noona, Stephen)
June 8, 2020 Filing 963 Declaration re #961 Memorandum in Support, (of Eric J. Stock) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
June 8, 2020 Filing 962 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #960 Joint MOTION to Seal (Joint Motion by Merck and Glenmark Defendants To Seal Limited Portions Of Transcript Of May 1, 2020 Hearing On End-Payor Plaintiffs' Motion To Certify Class) (Noona, Stephen)
June 8, 2020 Filing 961 Memorandum in Support re #960 Joint MOTION to Seal (Joint Motion by Merck and Glenmark Defendants To Seal Limited Portions Of Transcript Of May 1, 2020 Hearing On End-Payor Plaintiffs' Motion To Certify Class) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
June 8, 2020 Filing 960 Joint MOTION to Seal (Joint Motion by Merck and Glenmark Defendants To Seal Limited Portions Of Transcript Of May 1, 2020 Hearing On End-Payor Plaintiffs' Motion To Certify Class) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2 (Public Version), #3 Exhibit 3)(Noona, Stephen)
June 8, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants) (clou, )
June 1, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #922 MOTION to Amend/Correct #839 Answer to Complaint, (clou, )
May 29, 2020 Filing 959 RESPONSE to Motion re #950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants) and Docket No. 958 filed by All End Payer Plaintiffs. (Cales, James)
May 28, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #947 MOTION to Seal Supplemental Memorandum in Support of Class Certification Motion and Motion to Amend Class Definition (clou, )
May 26, 2020 Filing 958 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants) (Notice of Filing of Amended Joint Motion to Seal) (Attachments: #1 Exhibit 1)(Noona, Stephen)
May 22, 2020 Filing 957 Sealed Attachment/Exhibit(s) re #950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants), #955 Declaration,,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Noona, Stephen)
May 22, 2020 Filing 956 Sealed Response/Reply/Opposition re #950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants), #954 Memorandum in Opposition,,. (Noona, Stephen)
May 22, 2020 Filing 955 Declaration re #954 Memorandum in Opposition,, (of Eric J. Stock) (by Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Public Version), #2 Exhibit 2 (Public Version), #3 Exhibit 3 (Public Version), #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Noona, Stephen)
May 22, 2020 Filing 954 Memorandum in Opposition re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel (Supplemental Memorandum Of Law In Opposition To End-Payor Plaintiffs' Motion For Class Certification and Class Definition by Merck and Glenmark Defendants) (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
May 22, 2020 Filing 953 Declaration re #951 Memorandum in Support, (of Eric J. Stock) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
May 22, 2020 Filing 952 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants) (Noona, Stephen)
May 22, 2020 Filing 951 Memorandum in Support re #950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
May 22, 2020 Filing 950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
May 19, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #940 Joint MOTION to Seal Presentation Slides on behalf of Merck and Glenmark Defendants, #937 MOTION to Seal EPP Class Hearing Slides (clou, )
May 15, 2020 Filing 949 Memorandum in Support re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit Sealed)(Cales, James)
May 15, 2020 Filing 948 Brief in Support to #947 MOTION to Seal Supplemental Memorandum in Support of Class Certification Motion and Motion to Amend Class Definition filed by All End Payer Plaintiffs. (Cales, James)
May 15, 2020 Filing 947 MOTION to Seal Supplemental Memorandum in Support of Class Certification Motion and Motion to Amend Class Definition by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James)
May 15, 2020 Filing 946 Notice of Filing Sealing Motion LCvR5(C) by All End Payer Plaintiffs re #945 Sealed Memorandum in Support, (Attachments: #1 Exhibit)(Cales, James)
May 15, 2020 Filing 945 Sealed Memorandum in Support re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel . (Attachments: #1 Exhibit)(Cales, James)
May 12, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #918 MOTION to Seal Certain Documents (clou, )
May 11, 2020 Filing 944 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #940 Joint MOTION to Seal Presentation Slides on behalf of Merck and Glenmark Defendants (Notice of Filing of Amended Exhibit) (Attachments: #1 Exhibit 5)(Noona, Stephen)
May 11, 2020 Filing 943 Declaration re #941 Memorandum in Support, (of Eric J. Stock) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
May 11, 2020 Filing 942 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #940 Joint MOTION to Seal Presentation Slides on behalf of Merck and Glenmark Defendants (Noona, Stephen)
May 11, 2020 Filing 941 Memorandum in Support re #940 Joint MOTION to Seal Presentation Slides on behalf of Merck and Glenmark Defendants filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
May 11, 2020 Filing 940 Joint MOTION to Seal Presentation Slides on behalf of Merck and Glenmark Defendants by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (Public Version))(Noona, Stephen)
May 11, 2020 Filing 939 NOTICE by All End Payer Plaintiffs of filing Class Certification Hearing Slides for Public View (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Cales, James)
May 11, 2020 Filing 938 Brief in Support to #937 MOTION to Seal EPP Class Hearing Slides filed by All End Payer Plaintiffs. (Cales, James)
May 11, 2020 Filing 937 MOTION to Seal EPP Class Hearing Slides by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James)
May 11, 2020 Filing 936 NOTICE by All End Payer Plaintiffs of Motion to Seal (Attachments: #1 Exhibit)(Cales, James)
May 11, 2020 Filing 935 Sealed Attachment/Exhibit(s). (Cales, James)
May 11, 2020 Filing 934 Sealed Attachment/Exhibit(s). (Cales, James)
May 11, 2020 Filing 933 Sealed Document. (Cales, James)
May 8, 2020 Filing 932 REPLY to Response to Motion re #922 MOTION to Amend/Correct #839 Answer to Complaint, filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
May 8, 2020 Filing 931 TRANSCRIPT of proceedings (Afternoon session EPP's motion) held on 5-1-2020, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. 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 Redaction Request due 6/8/2020. Redacted Transcript Deadline set for 7/8/2020. Release of Transcript Restriction set for 8/6/2020.(stewart, jody)
May 8, 2020 Filing 930 TRANSCRIPT of proceedings (Morning session DPP's motion) held on 5-1-2020, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. 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 Redaction Request due 6/8/2020. Redacted Transcript Deadline set for 7/8/2020. Release of Transcript Restriction set for 8/6/2020.(stewart, jody)
May 6, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #916 MOTION to Seal Craft Errata (clou, )
May 5, 2020 Filing 929 Opposition to #922 MOTION to Amend/Correct #839 Answer to Complaint, filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
May 1, 2020 Filing 928 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller: Motion Hearing held on 5/1/2020. The matter came before the Court for a motion hearing via Zoom on End-Payor Plaintiffs' Motion for Class Certification and Appointment of Class Representatives and Class Counsel (ECF No. 729) and End-Payor Plaintiffs' Motion for Leave to Modify and Limit Their Class Definition (ECF No. 809). Stephen Noona, Samuel Liversidge, Christopher Dusseault, Ashley Johnson, Jennifer Greenblatt, Meredith Simons, Dr. James Hughes, Samuel Han and Eric Stock present for Defendants Merck & Co, Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp. and MSP Singapore Co. LLC. Adam Carroll, Barry Refsin, Eric Bloom, Anna Neill and Scott Perwin present for Retailer Purchaser Plaintiffs. William Monroe, Ellen Noteware, David Sorensen, Tom Sobol, Hannah Schwarzschild, Nicholas Urban, Brad Vettraino, Peter Kohn and Marc Greco present for Direct Purchaser Plaintiffs. James Cales, Matthew VanTine, Michelle Clerkin, Marvin Miller, Dr. Russell Lamb, Laura Craft and Michael Buchman present for End-Payor Plaintiffs. Brendan Fee, Zak Johns, Steve Reed, Brian Hirsch, Donald Dietz and Richard Ottinger present for Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc, USA. Exhibits to be filed under seal. The Court directed the parties to file a motion to seal along with redacted exhibits within 10 days from hearing date. Evidence and witnesses presented. Sworn testimony from Dr. Russell Lamb, Dr. James Hughes, Laura Craft and Donald Dietz, who were admitted as experts. Witnesses questioned by Matthew Van Tine, Eric Stock, Michael Buchman, and Brendan Fee. Comments and questions by the Court. The Court directed that the EPP parties are to file short supplemental briefs and supplemental expert reports by May 15, 2020. Merck & Glenmark are permitted to file a joint legal brief within 7 days. The Court directed that the parties file their response to the pending motion for leave to file amended answer #922 by Tuesday, May 5, 2020, and any opposition by Friday, May 8, 2020. Due to time constraints, the Court ordered that oral argument be continued in this matter until after supplemental briefs have been filed. Zoom hearing adjourned. (Court Reporter Jody Stewart.) (Original Sealed Exhibits to case manager.) (jjon)
May 1, 2020 Filing 927 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller: Motion Hearing held on 5/1/2020. The matter came before the Court for a motion hearing via Zoom on Direct Purchaser Class Plaintiffs' Motion for Class Certification (ECF No. 735) and Direct Purchaser Plaintiffs' Motion to Modify Their Class Definition (ECF No. 812). Stephen Noona, Samuel Liversidge, Christopher Dusseault, Ashley Johnson, Meredith Simons, Jennifer Greenblatt and Eric Stock present for Defendants Merck & Co, Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp. and MSP Singapore Co. LLC. Adam Carroll, Scott Perwin, Eric Bloom, Anna Neill and Barry Refsin present for Retailer Purchaser Plaintiffs. William Monroe, Brad Vettraino, Ellen Noteware, David Sorensen, Tom Sobol, Peter Kohn, Nicholas Urban, Hannah Schwarzschild and Marc Greco present for Direct Purchaser Plaintiffs. James Cales, Michelle Clerkin, Matthew Van Tine, Michael Buchman and Marvin Miller present for End-Payor Plaintiffs. Brendan Fee, Zak Johns, Steven Reed, Brian Hirsch and Richard Ottinger present for Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc, USA. Argument by David Sorensen, Christopher Dusseault, Ashley Johnson, Steven Reed, Tom Sobol and Peter Kohn heard. Evidence presented. Exhibits to be filed under seal. The Court directed the parties to file a motion to seal along with redacted exhibits within 10 days from hearing date. Comments and questions by the Court. The Court is to issue a report and recommendation on the issue of class certification. Zoom hearing adjourned. (Court Reporter Jody Stewart.) (Original Sealed Exhibits to case manager.) (jjon)
April 30, 2020 Filing 926 Sealed Attachment/Exhibit(s) re #918 MOTION to Seal Certain Documents, #924 Declaration,. (Attachments: #1 Exhibit A, #2 Exhibit B)(Noona, Stephen)
April 30, 2020 Filing 925 Sealed Response/Reply/Opposition re #918 MOTION to Seal Certain Documents, #923 Memorandum in Support,. (Noona, Stephen)
April 30, 2020 Filing 924 Declaration re #923 Memorandum in Support, (of Julio Rodriguez) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit A (Public Version), #2 Exhibit B (Public Version))(Noona, Stephen)
April 30, 2020 Filing 923 Memorandum in Support re #922 MOTION to Amend/Correct #839 Answer to Complaint, (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
April 30, 2020 Filing 922 MOTION to Amend/Correct #839 Answer to Complaint, by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2, #3 Exhibit 3)(Noona, Stephen)
April 30, 2020 Filing 921 Declaration re #919 Memorandum in Support (of Meredith S. Simons) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
April 30, 2020 Filing 920 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #918 MOTION to Seal Certain Documents (Noona, Stephen)
April 30, 2020 Filing 919 Memorandum in Support re #918 MOTION to Seal Certain Documents filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
April 30, 2020 Filing 918 MOTION to Seal Certain Documents by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
April 29, 2020 Filing 917 Brief in Support to #916 MOTION to Seal Craft Errata filed by All End Payer Plaintiffs. (Cales, James)
April 29, 2020 Filing 916 MOTION to Seal Craft Errata by All End Payer Plaintiffs. (Cales, James)
April 29, 2020 Filing 915 Notice of Filing Sealing Motion LCvR5(C) by All End Payer Plaintiffs re #913 Sealed Attachment/Exhibit(s) (Attachments: #1 Proposed Order)(Cales, James)
April 29, 2020 Filing 914 NOTICE by All End Payer Plaintiffs re #886 Rebuttal Brief, of Filing of Craft Errata Sheet (Attachments: #1 Exhibit Slipsheet for Sealed Doc)(Cales, James)
April 29, 2020 Filing 913 Sealed Attachment/Exhibit(s) re #886 Rebuttal Brief,. (Cales, James)
April 28, 2020 Filing 912 NOTICE by Glenmark Pharmaceuticals, Ltd. re #829 Opposition, Joint Notice of Filing of Redacted Dietz Declaration (Attachments: #1 Exhibit)(Ottinger, Richard)
April 27, 2020 Filing 911 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #735 MOTION to Certify Class (by Merck and Glenmark Defendants) (Attachments: #1 Exhibit 1)(Noona, Stephen)
April 22, 2020 Set/Reset Hearings:Motion Hearing re #729 Motion for Class Certification, #735 Motion for Class Certification, #809 Motion for Leave to Modify and Limit Class Definition and #812 Motion to Modify Class Definition set for 5/1/2020 at 10:00 AM in Norfolk VTC before Magistrate Judge Douglas E. Miller. (jjon)
April 17, 2020 Filing 910 RESPONSE in Support re #735 MOTION to Certify Class Response to Defendants Supplemental Brief in Opposition to Plaintiffs' Motion to Certify Class filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit A. Kinney Declaration, #2 Exhibit B. In re Dabit)(Monroe, William)
April 17, 2020 Reset Hearings: Final Pretrial Conference set for 1/19/2021 at 09:00 AM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (cdod, )
April 13, 2020 Opinion or Order Filing 909 PRETRIAL ORDER No. 9 - see order for details. Copies distributed to all counsel. Signed by District Judge Rebecca Beach Smith on 4/13/2020. (clou )
April 10, 2020 Filing 908 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #907 Transcript,,, (Parties' Proposed Schedule Per Court's April 3, 2020 Guidance and Ruling) (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
April 8, 2020 Filing 907 TRANSCRIPT of proceedings held on 4-3-2020, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. 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 Redaction Request due 5/8/2020. Redacted Transcript Deadline set for 6/8/2020. Release of Transcript Restriction set for 7/7/2020.(stewart, jody)
April 3, 2020 Opinion or Order Filing 906 ORDER granting #901 Motion for Leave to File a Supplemental Filing in Support of Their Opposition to Direct Purchaser Plaintiffs Motion for Class Certification; granting #902 Motion for Leave to Respond to Defendants Supplemental Brief. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 4/3/2020. (clou, )
April 3, 2020 Filing 905 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller: Telephone Conference held on 4/3/2020. The matter came before the Court for a telephone conference on End-Payor Plaintiffs' Motion for Class Certification and Appointment of Class Representatives and Class Counsel (ECF No. 729), Direct Purchaser Class Plaintiffs' Motion for Class Certification (ECF No. 735), End-Payor Plaintiffs' Motion for Leave to Modify and Limit Their Class Definition (ECF No. 809) and Direct Purchaser Plaintiffs' Motion to Modify Their Class Definition (ECF No. 812). Stephen Noona, Samuel Liversidge, Christopher Dusseault and Eric Stock present for Defendants Merck & Co, Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp.,Schering Corp. and MSP Singapore Co. LLC. Adam Carroll, Barry Refsin, Eric Bloom and Scott Perwin present for Retailer Purchaser Plaintiffs. William Monroe, Brad Vettraino, Ellen Noteware, David Sorensen, Tom Sobol and Marc Greco present for Direct Purchaser Plaintiffs. James Cales, Matthew VanTine, Michelle Clerkin, Marvin Miller and Michael Buchman present for End-Payor Plaintiffs. Brendan Fee, Zak Johns, Steve Reed, Brian Hirsch, Richard Ottinger and Jennifer Eaton present for Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc, USA. The Court directed that the hearing on the class certification motions be held via VTC the last week of April. The parties are to confer and contact the Court with an agreed upon date. Argument by Tom Sobol, Michael Buchman, Sam Liversidge, Steve Reed, Barry Refsin, Eric Bloom and David Sorensen heard. Comments and questions by the Court. The Court made rulings on the record regarding other schedule adjustments made necessary by the COVID-19 outbreak. The parties are to submit a proposed revised scheduling order by Friday, April 10, 2020. Telephone conference adjourned. (Court Reporter Jody Stewart.) (jjon)
April 3, 2020 Filing 904 Memorandum Per Leave of Court, Defendants' Supplemental Brief In Opposition To Direct Purchaser Plaintiffs' Motion For Class Certification (by Merck and Glenmark Defendants) to #819 Opposition, #735 MOTION to Certify Class filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Noona, Stephen)
April 3, 2020 Filing 903 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #868 Pretrial Order Plaintiffs' and Defendants' Joint Submission Concerning Their Respective Scheduling Proposals. (Monroe, William)
April 2, 2020 Filing 902 MOTION For Leave to Respond to Defendants' Supplemental Brief in Support of Their Opposition to Direct Purchaser Class Plaintiffs' Class Certification Motion by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
April 1, 2020 Filing 901 MOTION for Leave to File a Supplemental Filing in Support of Their Opposition to Direct Purchaser Plaintiffs Motion for Class Certification and Memorandum In Support (ECF Nos. 819, 735) (by Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2 (Supplemental Brief), #3 Exhibit 3 (Exhibit A to Supplemental Brief), #4 Exhibit 4 (Exhibit B to Supplemental Brief), #5 Exhibit 5 (Exhibit C to Supplemental Brief))(Noona, Stephen)
March 20, 2020 Telephone Conference set for 4/3/2020 at 02:00 PM in Norfolk Judges Chamber w/OCR before Magistrate Judge Douglas E. Miller. (lwoo)
March 19, 2020 Filing 900 Minute Entry for Telephone Conference held 3/19/20 before Magistrate Judge Douglas Miller. The matter came before the Court for a telephone conference as to the current scheduled depositions of expert witnesses and forming a procedure for the Class Certification hearing set for April 3, 2020.Present via telephone are Adam Carroll, Scott Perwin, Anna Neill, Barry Refsin and Eric Bloom on behalf of Retailers. For Direct Purchasers, William Monroe, Thomas Sobol, Bradley Vettraino, David Sorensen and Bradley Demuth. For Defendant Merck, Stephen Noona, Samuel Liversidge, Christopher Dusseault and Eric Stock. On behalf of Defendant Glenmark, Jennifer Eaton, Richard Ottinger, Steven Reed, Brendan Fee and Zachary Johns. James Cales, Michael Buchman, Michelle Clerkin, Matthew VanTine and Marvin Miller on behalf of End Payers. The Court begins with argument from Mr. Sobol, Mr. Liversidge and Mr. Ottinger regarding the expert witness depositions. The Court notes these are challenging circumstances and Grants the request to pause the matter for 2-3 weeks. The parties are directed to meet and confer to try to resolve issues and the Court will revisit the matter at a later time. The Court then hears argument as to whether the April 3 Class Certification hearing should go forward or be removed from the calendar. Due to the current circumstances, the Court will remove the hearing for now, but believes the hearing can be done remotely although with some difficulty. The Court will reconvene in two weeks to give guidance on what experts will be needed and to reset the hearing. Telephone conference will be set for April 3 at 2:00. Court in recess. (Court Reporter Jody Stewart, OCR.)(lwoo)
March 17, 2020 Set Hearings Telephone Conference set for 3/19/2020 at 02:00 PM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (cdod, )
March 16, 2020 Filing 899 TRANSCRIPT of proceedings held on 3-6-2020, before Judge Rebecca Beach Smith, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. 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 Redaction Request due 4/15/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 6/15/2020.(stewart, jody)
March 6, 2020 Opinion or Order Filing 898 ORDER Granting Direct Purchaser Class Plaintiffs' Motion for Final Approval of Settlement and Entry of Final Judgment and Order of Dismissal as to Par. See order for details. Copies distributed to all counsel. Signed by District Judge Rebecca Beach Smith on 3/6/2020. (clou)
March 6, 2020 Filing 897 SETTLEMENT APPROVAL HEARING (Fairness Hearing) held before District Judge Rebecca Beach Smith: Jody Stewart, OCR. William Monroe and Marc Greco (Glasser & Glasser), Bradley Vettraino and Thomas Sobol (Hagens Berman) present on behalf of DPP plaintiffs. John McNichols and Benjamin Greenblum present on behalf of defendant PAR. Matter came on for hearing on the pending Motion for Final Approval of Settlement (ECF no. 860) on 3/6/2020. Comments of court and counsel heard. Counsel reviewed the proposed Order with the court. For the reasons stated on the record, the made findings on the record that the settlement is adequate and reasonable. The settlement is between PAR and the DPP plaintiffs only. PAR shall be dismissed with prejudice and without costs and attorney fees. Court adjourned. (sche)
March 6, 2020 Set Deadlines as to #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #812 MOTION To Modify Direct Purchaser Plaintiffs' Class Definition re #735 MOTION to Certify Class , #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel , #735 MOTION to Certify Class . Motion Hearing set for 4/3/2020 at 09:00 AM in Norfolk Courtroom 5 before Magistrate Judge Douglas E. Miller. THIS IS A CHANGE IN COURTROOM LOCATION ONLY (cdod, )
March 5, 2020 Filing 896 Letter to the Hon. Rebecca Beach Smith, Judge, from Thomas M. Sobol, Lead Counsel for the Proposed Direct Purchaser Class. (Attachments: #1 Exhibit Response)(Monroe, William)
March 5, 2020 Set Deadlines as to #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #812 MOTION To Modify Direct Purchaser Plaintiffs' Class Definition re #735 MOTION to Certify Class , #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel , #735 MOTION to Certify Class . Motion Hearing set for 4/3/2020 at 09:00 AM in Norfolk Mag Courtroom 1 before Magistrate Judge Douglas E. Miller. (cdod, )
March 5, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #873 MOTION to Seal Portions of the Reply Memorandum In Support of Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol, #879 MOTION to Seal Portions of their reply Memorandum in Support of Class Certification, #882 MOTION to Seal Portions of their Reply Memorandum of law in Support of their Motion for Leave to Modify and Limit their Class Definition (clou )
March 3, 2020 Opinion or Order Filing 895 ORDER granting #893 Motion for Pro hac vice for Samantha Maxfield Lerner as to Glenmark Generics Inc., USA and Glenmark Pharmaceuticals, Ltd. Signed by District Judge Rebecca Beach Smith on 03/03/20. (tlev, )
March 2, 2020 Filing 894 NOTICE of Appearance by Micaylee Alexa Noreen on behalf of MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. (Noreen, Micaylee)
March 2, 2020 Filing 893 Motion to appear Pro Hac Vice by Samantha Maxfield Lerner and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number 0422-7100401. by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
February 27, 2020 Filing 892 Declaration re #891 Response in Support of Motion,, (of Eric J. Stock) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
February 27, 2020 Filing 891 RESPONSE in Support re #879 MOTION to Seal Portions of their reply Memorandum in Support of Class Certification, #882 MOTION to Seal Portions of their Reply Memorandum of law in Support of their Motion for Leave to Modify and Limit their Class Definition (Joint Response of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
February 27, 2020 Filing 890 Declaration re #889 Response in Support of Motion, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
February 27, 2020 Filing 889 RESPONSE in Support re #873 MOTION to Seal Portions of the Reply Memorandum In Support of Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol (Joint Response of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
February 25, 2020 Opinion or Order Filing 888 ORDER re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel #735 MOTION to Certify Class REFERRED to Judge Douglas E. Miller for Report and Recommendations. See order for details. Copies distributed to all counsel. Signed by District Judge Rebecca Beach Smith on 2/24/2020. (clou)
February 21, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel (clou )
February 20, 2020 Filing 887 Rebuttal Brief re #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel filed by All End Payer Plaintiffs. (Cales, James)
February 20, 2020 Filing 886 Rebuttal Brief re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Cales, James)
February 20, 2020 Filing 885 Sealed Response/Reply/Opposition re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Cales, James)
February 20, 2020 Filing 884 Sealed Response/Reply/Opposition re #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel . (Cales, James)
February 20, 2020 Filing 883 Brief in Support to #882 MOTION to Seal Portions of their Reply Memorandum of law in Support of their Motion for Leave to Modify and Limit their Class Definition filed by All End Payer Plaintiffs. (Cales, James)
February 20, 2020 Filing 882 MOTION to Seal Portions of their Reply Memorandum of law in Support of their Motion for Leave to Modify and Limit their Class Definition by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James)
February 20, 2020 Filing 881 Notice of Filing Sealing Motion LCvR5(C) by All End Payer Plaintiffs re #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel (Cales, James)
February 20, 2020 Filing 880 Brief in Support to #879 MOTION to Seal Portions of their reply Memorandum in Support of Class Certification filed by All End Payer Plaintiffs. (Cales, James)
February 20, 2020 Filing 879 MOTION to Seal Portions of their reply Memorandum in Support of Class Certification by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James)
February 20, 2020 Filing 878 Notice of Filing Sealing Motion LCvR5(C) by All End Payer Plaintiffs re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel (Cales, James)
February 20, 2020 Filing 877 CERTIFICATE OF SERVICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #871 Reply to Response to Motion, (Monroe, William)
February 20, 2020 Filing 876 Memorandum in Support re #873 MOTION to Seal Portions of the Reply Memorandum In Support of Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
February 20, 2020 Filing 875 Sealed Documen