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 and United Healthcare Services, Inc.
Defendant: Merck Sharp & Dohme Corp., Glenmark Pharmaceuticals, Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Schering-Plough Corp., Glenmark Generics Inc., USA, Schering Corp. and Par Pharmaceutical, Inc.
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.
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: 15:1
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 1, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
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 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 14, 2020 Filing 1223 Letter from Vandeventer Black, LLP. (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 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 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 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 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 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. #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 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 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 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 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 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 Document 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. (Attachments: #1 Exhibit 33., #2 Exhibit 34., #3 Exhibit 36., #4 Exhibit 46., #5 Exhibit 47.)(Monroe, William)
February 20, 2020 Filing 874 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 #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 (Monroe, William)
February 20, 2020 Filing 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 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)
February 20, 2020 Filing 872 Declaration re #871 Reply to Response to Motion, Declaration of Thomas M. Sobol in Support of Reply in Support of 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 33. Redacted, #2 Exhibit 34. Redacted, #3 Exhibit 35., #4 Exhibit 36. Under Seal, #5 Exhibit 37., #6 Exhibit 38., #7 Exhibit 39., #8 Exhibit 40., #9 Exhibit 41., #10 Exhibit 42., #11 Exhibit 43., #12 Exhibit 44., #13 Exhibit 45., #14 Exhibit 46. Under Seal, #15 Exhibit 47. Under seal)(Monroe, William)
February 20, 2020 Filing 871 REPLY to Response to Motion re #735 MOTION to Certify Class (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)
February 20, 2020 Set/Reset Hearings: Final Pretrial Conference RESET for 10/22/2020 at 09:00 AM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (jjon)
February 18, 2020 Opinion or Order Filing 870 ORDER granting #850 Joint MOTION to Seal Certain Documents in Connection with Opposition to End-Payor Plaintiffs' Motion for Leave to Modify and Limit Their Class Definition. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 2/18/2020. (clou )
February 18, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #812 MOTION To Modify Direct Purchaser Plaintiffs' Class Definition re #735 MOTION to Certify Class (clou )
February 17, 2020 Filing 869 RESPONSE to Motion re #850 Joint MOTION to Seal Certain Documents in Connection with Opposition to End-Payor Plaintiffs' Motion for Leave to Modify and Limit Their Class Definition by Merck and Glenmark Defendants filed by All End Payer Plaintiffs. (Cales, James)
February 13, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #850 Joint MOTION to Seal Certain Documents in Connection with Opposition to End-Payor Plaintiffs' Motion for Leave to Modify and Limit Their Class Definition by Merck and Glenmark Defendants (clou )
February 13, 2020 Opinion or Order Filing 868 PRETRIAL ORDER No. 8 - see order for specific details. Copies distributed to all counsel. Signed by District Judge Rebecca Beach Smith on 2/13/2020. (clou )
February 10, 2020 Filing 867 REPLY to Response to Motion re #825 Joint MOTION to Seal Portions of Defendants' Opposition to the End Payor Plaintiffs' Motion for Class Certfication, Portions of the Declaration of Eric Stock and Related Exhibits, and the Declaration of James Hughes, Ph.D. and Donald J. Di (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)
February 10, 2020 Filing 866 Joint MOTION for Modifications to the Case Schedule submitted by Plaintiffs and Defendants Merck and Glenmark 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 Proposed Pretrial Order No. 8)(Monroe, William)
February 7, 2020 Opinion or Order Filing 865 ORDER granting #797 Motion to Seal. Signed by Magistrate Judge Douglas E. Miller on 2/7/20. (bpet, )
February 7, 2020 Opinion or Order Filing 864 ORDER granting #782 Motion to Seal. Signed by Magistrate Judge Douglas E. Miller on 2/7/20. (bpet, )
February 6, 2020 Opinion or Order Filing 863 MEMORANDUM ORDER. #590 and #598 Motions to Compel are GRANTED IN PART as to the request for in camera review; GRANTED IN PART as to the production addressed in footnote 2; and otherwise DENIED. Signed by Magistrate Judge Douglas E. Miller on 2/6/20. (bpet, )
February 5, 2020 Filing 862 Declaration re #860 MOTION for Settlement for Final Approval of Settlement and Entry of Final Judgment and Order of Dismissal as to Par 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 1. Settlement Agreement, #2 Exhibit 2. Declaration of T. Chiango, RG/2, #3 Exhibit 3. 01/31/2020 Ltr re Revised Def, #4 Exhibit 4. 01/31/2020 Ltr re 12/20/2019 Order)(Monroe, William)
February 5, 2020 Filing 861 Memorandum in Support re #860 MOTION for Settlement for Final Approval of Settlement and Entry of Final Judgment and Order of Dismissal as to Par 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 5, 2020 Filing 860 MOTION for Settlement for Final Approval of Settlement and Entry of Final Judgment and Order of Dismissal as to Par 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 Ex. A)(Monroe, William)
February 4, 2020 Filing 859 Sealed Document re #850 Joint MOTION to Seal Certain Documents in Connection with Opposition to End-Payor Plaintiffs' Motion for Leave to Modify and Limit Their Class Definition by Merck and Glenmark Defendants, #856 Declaration. (Noona, Stephen)
February 4, 2020 Filing 858 Sealed Document re #850 Joint MOTION to Seal Certain Documents in Connection with Opposition to End-Payor Plaintiffs' Motion for Leave to Modify and Limit Their Class Definition by Merck and Glenmark Defendants, #855 Declaration,. (Attachments: #1 Exhibit 1)(Noona, Stephen)
February 4, 2020 Filing 857 Sealed Response/Reply/Opposition re #850 Joint MOTION to Seal Certain Documents in Connection with Opposition to End-Payor Plaintiffs' Motion for Leave to Modify and Limit Their Class Definition by Merck and Glenmark Defendants, #854 Opposition,. (Noona, Stephen)
February 4, 2020 Filing 856 Declaration re #854 Opposition, (Supplemental Declaration of James Hughes, Ph D.) (Public Version) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
February 4, 2020 Filing 855 Declaration re #854 Opposition, (of Eric J. Stock) (Public Version) 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, #3 Exhibit 3)(Noona, Stephen)
February 4, 2020 Filing 854 Opposition to #841 Order on Motion for Extension of Time to File Response/Reply, #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel 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)
February 4, 2020 Filing 853 Declaration re #851 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)
February 4, 2020 Filing 852 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 #850 Joint MOTION to Seal Certain Documents in Connection with Opposition to End-Payor Plaintiffs' Motion for Leave to Modify and Limit Their Class Definition by Merck and Glenmark Defendants (Noona, Stephen)
February 4, 2020 Filing 851 Memorandum in Support re #850 Joint MOTION to Seal Certain Documents in Connection with Opposition to End-Payor Plaintiffs' Motion for Leave to Modify and Limit Their Class Definition 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)
February 4, 2020 Filing 850 Joint MOTION to Seal Certain Documents in Connection with Opposition to End-Payor Plaintiffs' Motion for Leave to Modify and Limit Their Class Definition 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)
February 3, 2020 Filing 849 RESPONSE to Motion re #825 Joint MOTION to Seal Portions of Defendants' Opposition to the End Payor Plaintiffs' Motion for Class Certfication, Portions of the Declaration of Eric Stock and Related Exhibits, and the Declaration of James Hughes, Ph.D. and Donald J. Di filed by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James)
January 31, 2020 Filing 848 ANSWER to Complaint (Amended Complaint) filed by Walgreen Co., The Kroger Co., Albertsons Compa-nies Inc. and HEB Grocery Company L.P., ECF No. 457) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd..(Ottinger, Richard)
January 31, 2020 Filing 847 ANSWER to Complaint (Amended Complaint) filed by Rite Aid Hdqtrs. Corp., et. al., ECF No. 456) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd..(Ottinger, Richard)
January 31, 2020 Filing 846 ANSWER to Complaint (Amended Complaint) filed by CVS Pharmacy, Inc. ECF No. 455) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd..(Ottinger, Richard)
January 31, 2020 Filing 845 ANSWER to Complaint (Amended Complaint) filed by Walgreen Co., The Kroger Co., Albertsons Companies Inc. and HEB Grocery Company L.P., ECF No. 457) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp..(Noona, Stephen)
January 31, 2020 Filing 844 ANSWER to Complaint (Amended Complaint) filed by Rite Aid Corporation, et. al., ECF No. 456) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp..(Noona, Stephen)
January 31, 2020 Filing 843 ANSWER to Complaint (Amended Complaint) filed by CVS Pharmacy, Inc. ECF No. 455) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp..(Noona, Stephen)
January 31, 2020 Filing 842 RESPONSE to Motion re #812 MOTION To Modify Direct Purchaser Plaintiffs' Class Definition re #735 MOTION to Certify Class (Defendants' Joint Response To Direct Purchaser Plaintiffs' Motion To Modify Class Definition) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 29, 2020 Opinion or Order Filing 841 Agreed ORDER granting #840 Joint MOTION for Extension of Time to File Response/Reply as to #809 MOTION to Amend/Correct 729 MOTION to Certify Class, Appoint Class Representatives and Class Counsel. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 1/29/2020. (clou)
January 28, 2020 Filing 840 Joint MOTION for Extension of Time to File Response/Reply as to #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel 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 28, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #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, #825 Joint MOTION to Seal Portions of Defendants' Opposition to the End Payor Plaintiffs' Motion for Class Certfication, Portions of the Declaration of Eric Stock and Related Exhibits, and the Declaration of James Hughes, Ph.D. and Donald J. Dietz in Support. (clou )
January 24, 2020 Filing 839 ANSWER to Complaint (Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., and MSP Singapore Co. LLC's Answer To Direct Purchaser Plaintiffs' Amended Consolidated Class Action Complaint and Demand For Jury Trial (ECF No. 315)) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp..(Noona, Stephen)
January 24, 2020 Filing 838 Defendants Glenmark Pharmaceuticals Limited and Glenmark Pharmaceuticals Inc., USA, incorrectly identified as Glenmark Generics Inc., USA's ANSWER to Complaint dated June 27, 2019, Dkt. No. 315 by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd..(Ottinger, Richard)
January 22, 2020 Filing 837 TRANSCRIPT of proceedings, Telephonic hearing on motion to compel clawed-back documents, held on 1/17/20, 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 2/21/2020. Redacted Transcript Deadline set for 3/23/2020. Release of Transcript Restriction set for 4/21/2020.(mcmanus, paul)
January 21, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #797 MOTION to Seal Portions of Plaintiffs' Reply in Further Support of Motion for An Order Compelling Production of Merck's Clawed-Back Calendar Invitation (clou )
January 20, 2020 Filing 836 Sealed Document re #832 Declaration, #825 Joint MOTION to Seal Portions of Defendants' Opposition to the End Payor Plaintiffs' Motion for Class Certfication, Portions of the Declaration of Eric Stock and Related Exhibits, and the Declaration of James Hughes, Ph.D. and Donald J. Di. (Noona, Stephen)
January 20, 2020 Filing 835 Sealed Document re #831 Declaration, #825 Joint MOTION to Seal Portions of Defendants' Opposition to the End Payor Plaintiffs' Motion for Class Certfication, Portions of the Declaration of Eric Stock and Related Exhibits, and the Declaration of James Hughes, Ph.D. and Donald J. Di. (Noona, Stephen)
January 20, 2020 Filing 834 Sealed Document re #825 Joint MOTION to Seal Portions of Defendants' Opposition to the End Payor Plaintiffs' Motion for Class Certfication, Portions of the Declaration of Eric Stock and Related Exhibits, and the Declaration of James Hughes, Ph.D. and Donald J. Di, #830 Declaration,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 8)(Noona, Stephen)
January 20, 2020 Filing 833 Sealed Response/Reply/Opposition re #825 Joint MOTION to Seal Portions of Defendants' Opposition to the End Payor Plaintiffs' Motion for Class Certfication, Portions of the Declaration of Eric Stock and Related Exhibits, and the Declaration of James Hughes, Ph.D. and Donald J. Di, #829 Opposition,. (Noona, Stephen)
January 20, 2020 Filing 832 Declaration re #829 Opposition, (of James Hughes, Ph.D.) (by Defendants) (Public Version) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 20, 2020 Filing 831 Declaration re #829 Opposition, (of Donald J. Dietz) (by Defendants) (Public Version) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 20, 2020 Filing 830 Declaration re #829 Opposition, (of Eric J. Stock) (by Defendants) (Public Version) 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 (Public Version), #5 Exhibit 5 (Public Version), #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8 (Public Version))(Noona, Stephen)
January 20, 2020 Filing 829 Opposition to #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel (by Defendants) (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 20, 2020 Filing 828 Declaration re #826 Memorandum in Support, (of Eric J. Stock) (by Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 20, 2020 Filing 827 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 #825 Joint MOTION to Seal Portions of Defendants' Opposition to the End Payor Plaintiffs' Motion for Class Certfication, Portions of the Declaration of Eric Stock and Related Exhibits, and the Declaration of James Hughes, Ph.D. and Donald J. Di (Noona, Stephen)
January 20, 2020 Filing 826 Memorandum in Support re #825 Joint MOTION to Seal Portions of Defendants' Opposition to the End Payor Plaintiffs' Motion for Class Certfication, Portions of the Declaration of Eric Stock and Related Exhibits, and the Declaration of James Hughes, Ph.D. and Donald J. Di (by Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 20, 2020 Filing 825 Joint MOTION to Seal Portions of Defendants' Opposition to the End Payor Plaintiffs' Motion for Class Certfication, Portions of the Declaration of Eric Stock and Related Exhibits, and the Declaration of James Hughes, Ph.D. and Donald J. Dietz 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)
January 20, 2020 Filing 824 Sealed Document re #821 Declaration, #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. (Noona, Stephen)
January 20, 2020 Filing 823 Sealed Document 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, #820 Declaration,,. (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 14, #10 Exhibit 15)(Noona, Stephen)
January 20, 2020 Filing 822 Sealed Response/Reply/Opposition 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, #819 Opposition,. (Noona, Stephen)
January 20, 2020 Filing 821 Declaration re #819 Opposition, (of Bruce Strombom, Ph.D.) (Public Version) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 20, 2020 Filing 820 Declaration re #819 Opposition, (of Christopher D. Dusseault) (by Defendants) (Public Version) 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 (Public Version), #5 Exhibit 5 (Public Version), #6 Exhibit 6 (Public Version), #7 Exhibit 7 (Public Version), #8 Exhibit 8 (Public Version), #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14 (Public Version), #15 Exhibit 15 (Public Version))(Noona, Stephen)
January 20, 2020 Filing 819 Opposition to #735 MOTION to Certify Class (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)
January 20, 2020 Filing 818 Declaration re #816 Memorandum in Support, (of Christopher D. Dusseault) (by Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 20, 2020 Filing 817 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 #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 (Noona, Stephen)
January 20, 2020 Filing 816 Memorandum in Support 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 (by Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 20, 2020 Filing 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 by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
January 17, 2020 Opinion or Order Filing 814 ORDER granting #763 MOTION to Compel Production of Merck's Clawed-Back Calendar Invitation. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 1/17/2020. (clou )
January 17, 2020 Filing 813 Memorandum in Support 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 situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
January 17, 2020 Filing 812 MOTION To Modify Direct Purchaser Plaintiffs' Class Definition re #735 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)
January 17, 2020 Filing 811 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 1/17/2020 re #590 Second MOTION to Compel Production and In Camera Review of Glenmark's Documents 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, #598 Second MOTION to Compel Production and In Camera Review of Merck's Documents 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, #763 MOTION to Compel Production of Merck's Clawed-Back Calendar Invitation 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. Matter came on for telephone conference re: Motion to Compel #763. Present by telephone were Adam Carroll, Eric Bloom, Scott Perwin and Barry Refsin on behalf of retailers, Bill Monroe, Sharon Robertson, Brad Demuth and Brad Vettraino on behalf of direct purchasers, Steve Noona, Chris Dusseault, Deborah Stein and Eric Stock on behalf of Merck, Richard Ottinger and Brendan Fee on behalf of Glenmark, Jim Cales and Matthew Van Tine on behalf of the end payor purchasers. The Court first addresses the pending motion to compel (#763). Mr. Demuth and Mr. Dusseault argued the motion. The Court makes rulings on the record and will issue an order. The Court then turns to motions to compel #590 and 598. Ms. Stein, Mr. Fee and Ms. Robertson responded to the Courts questions. The Court is issuing a short opinion with regard to these motions. Telephone conference adjourned. (Court Reporter Paul McManus, OCR.)(cdod, )
January 15, 2020 Filing 810 Brief in Support to #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 A)(Cales, James)
January 15, 2020 Filing 809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel by All End Payer Plaintiffs. (Cales, James)
January 14, 2020 Opinion or Order Filing 808 ORDER granting #766 MOTION to Seal Portions of the Memorandum in Support of Motion for an Order Compelling Production of Merck's Clawed-Back Calendar Invitation, Portions of the Declaration of Thomas M. Sobol and Exhibits to the Declaration of Thomas M. Sobol. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 1/14/2020. (clou )
January 13, 2020 Opinion or Order Filing 807 ORDER granting #738 MOTION to Seal Portions of the Memorandum in Support of Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 1/13/2020. (clou )
January 13, 2020 Opinion or Order Filing 806 ORDER re #731 Motion to Seal. Entered AS MODIFIED BY THE COURT. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 1/13/2020. (clou )
December 31, 2019 Opinion or Order Filing 805 Agreed ORDER granting #803 Motion for Extension of Time to Answer. The Merck and Glenmark defendants shall respond to the Retailer Plaintiffs' Amended Complaints by 1/31/20. Signed by Magistrate Judge Robert J. Krask on 12/31/19. (bpet, )
December 31, 2019 Opinion or Order Filing 804 Agreed ORDER granting #802 Motion for Extension of Time to Answer. The Merck and Glenmark defendants shall respond to the Direct Purchaser Plaintiffs' Amended Complaints by 1/24/20. Signed by Magistrate Judge Robert J. Krask on 12/31/19. (bpet, )
December 30, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #803 Consent MOTION for Extension of Time to File Answer re #457 Amended Complaint, #795 Order Adopting Report and Recommendations, Order on Motion to Dismiss for Failure to State a Claim, #455 Amended Complaint, #456 Amended Complaint, #802 Consent MOTION for Extension of Time to File Answer re #795 Order Adopting Report and Recommendations,, Order on Motion to Dismiss for Failure to State a Claim, #315 Amended Complaint (clou, )
December 30, 2019 Filing 803 Consent MOTION for Extension of Time to File Answer re #457 Amended Complaint, #795 Order Adopting Report and Recommendations,, Order on Motion to Dismiss for Failure to State a Claim,,,,, #455 Amended Complaint, #456 Amended Complaint, (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)
December 30, 2019 Filing 802 Consent MOTION for Extension of Time to File Answer re #795 Order Adopting Report and Recommendations,, Order on Motion to Dismiss for Failure to State a Claim,,,,, #315 Amended Complaint,, by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
December 30, 2019 Filing 801 RESPONSE in Support re #797 MOTION to Seal Portions of Plaintiffs' Reply in Further Support of Motion for An Order Compelling Production of Merck's Clawed-Back Calendar Invitation filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
December 30, 2019 Set Deadlines as to #763 MOTION to Compel Production of Merck's Clawed-Back Calendar Invitation. Telephone Motion Hearing set for 1/17/2020 at 02:00 PM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (cdod, )
December 26, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #782 MOTION to Seal Certain Documents (clou )
December 26, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #766 MOTION to Seal Portions of the Memorandum in Support of Motion for an Order Compelling Production of Merck's Clawed-Back Calendar Invitation, Portions of the Declaration of Thomas M. Sobol and Exhibits to the Declaration of Thomas M. Sobol, #763 MOTION to Compel Production of Merck's Clawed-Back Calendar Invitation (clou )
December 23, 2019 Filing 800 Memorandum in Support re #797 MOTION to Seal Portions of Plaintiffs' Reply in Further Support of Motion for An Order Compelling Production of Merck's Clawed-Back Calendar Invitation 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 23, 2019 Filing 799 Sealed Document re #797 MOTION to Seal Portions of Plaintiffs' Reply in Further Support of Motion for An Order Compelling Production of Merck's Clawed-Back Calendar Invitation. (Monroe, William)
December 23, 2019 Filing 798 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 #797 MOTION to Seal Portions of Plaintiffs' Reply in Further Support of Motion for An Order Compelling Production of Merck's Clawed-Back Calendar Invitation (Monroe, William)
December 23, 2019 Filing 797 MOTION to Seal Portions of Plaintiffs' Reply in Further Support of Motion for An Order Compelling Production of Merck's Clawed-Back Calendar Invitation 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 23, 2019 Filing 796 REPLY to Response to Motion re #763 MOTION to Compel Production of Merck's Clawed-Back Calendar Invitation 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 20, 2019 Opinion or Order Filing 795 Memorandum Opinion and Order - Adopting the R&R's recommendations and conclusions, ECF No. 698, with the exception of the alternative legal reasoning in Part III.A. Glenmark Defendants' and Merck Defendants' Motions to Dismiss, ECF Nos. 353, 498, 500, are GRANTED, as set forth in this Memorandum Opinion and Order. See Memorandum Opinion and Order for specific details. Copies distributed as directed. Signed by District Judge Rebecca Beach Smith on 12/20/2019. (clou)
December 16, 2019 Filing 794 Sealed Document re #782 MOTION to Seal Certain Documents, #789 Declaration. (Noona, Stephen)
December 16, 2019 Filing 793 Sealed Document re #782 MOTION to Seal Certain Documents, #788 Declaration. (Noona, Stephen)
December 16, 2019 Filing 792 Sealed Document re #782 MOTION to Seal Certain Documents, #787 Declaration,. (Attachments: #1 Exhibit 1)(Noona, Stephen)
December 16, 2019 Filing 791 Sealed Response/Reply/Opposition re #786 Memorandum in Opposition,, #782 MOTION to Seal Certain Documents. (Noona, Stephen)
December 16, 2019 Filing 790 Declaration re #786 Memorandum in Opposition,, (of Leonard Impagliazzo) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
December 16, 2019 Filing 789 Declaration re #786 Memorandum in Opposition,, (of Paul McCrorey) (Public Version) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
December 16, 2019 Filing 788 Declaration re #786 Memorandum in Opposition,, (of Arthur D. Misyan)(Public Version) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
December 16, 2019 Filing 787 Declaration re #786 Memorandum in Opposition,, (of Christopher D. Dusseault)(Public Version) 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, #3 Exhibit 3)(Noona, Stephen)
December 16, 2019 Filing 786 Memorandum in Opposition re #763 MOTION to Compel Production of Merck's Clawed-Back Calendar Invitation (Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., and MSP Singapore Co. LLC's Opposition To Plaintiffs' Motion For An Order Compelling Production Of Merck's Clawed-Back Calendar Invitation)(Public Version, filed per Court Order Granting Extension) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
December 16, 2019 Filing 785 Declaration re #783 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)
December 16, 2019 Filing 784 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 #782 MOTION to Seal Certain Documents (Noona, Stephen)
December 16, 2019 Filing 783 Memorandum in Support re #782 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)
December 16, 2019 Filing 782 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)
December 11, 2019 Filing 781 TRANSCRIPT of proceedings held on 12-5-2019, 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 1/10/2020. Redacted Transcript Deadline set for 2/10/2020. Release of Transcript Restriction set for 3/10/2020.(stewart, jody)
December 9, 2019 Filing 780 Declaration re #779 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)
December 9, 2019 Filing 779 RESPONSE in Support re #766 MOTION to Seal Portions of the Memorandum in Support of Motion for an Order Compelling Production of Merck's Clawed-Back Calendar Invitation, Portions of the Declaration of Thomas M. Sobol and Exhibits to the Declaration of Thomas M. 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)
December 5, 2019 Filing 778 Minute Entry for Telephone Conference held on 12/5/2019 before Magistrate Judge Douglas E. Miller. Matter came on for a telephone conference on Motions to Compel (ECF 590 and 598) and Defendants privilege claims.Adam Carroll, Eric Bloom and Scott Perwin appeared on behalf of Retailers. Sharon Robertson, Bradley Demuth, Thomas Sobol and William Monroe appeared on behalf of Direct Purchasers. James Cales and Michael Buchman appeared on behalf of End Purchasers. Deborah Stein and Stephen Noona appeared on behalf of Merck. Richard Ottinger and Brendan Fee appeared on behalf of Glenmark. Comments and questions by the Court. Responses of counsel heard. The Court lists supplemental documents by category for in-camera production by Glenmark and Merck. Production of materials is due in one week. The Court will review the documents and communicate with parties regarding possible oral argument at a later date. Court adjourned. (Court Reporter Judy Stewart, OCR.)(lwoo)
December 4, 2019 Opinion or Order Filing 777 ORDER granting #771 Motion for Pro hac vice for William R. Olson as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 12/04/2019. (bboy, ) Modified on 12/5/2019 (bboy, ).
December 4, 2019 Opinion or Order Filing 776 Agreed Order re #775 Consent MOTION for Extension of Time to File Response/Reply. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 12/4/2019. (clou )
December 4, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #775 Consent MOTION for Extension of Time to File Response/Reply as to #766 MOTION to Seal Portions of the Memorandum in Support of Motion for an Order Compelling Production of Merck's Clawed-Back Calendar Invitation, Portions of the Declaration (clou )
December 3, 2019 Filing 775 Consent MOTION for Extension of Time to File Response/Reply as to #766 MOTION to Seal Portions of the Memorandum in Support of Motion for an Order Compelling Production of Merck's Clawed-Back Calendar Invitation, Portions of the Declaration of Thomas M. Sobol and Exhibits to the Declaration of Thomas M. Sobol, #763 MOTION to Compel Production of Merck's Clawed-Back Calendar Invitation by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
December 3, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #731 MOTION to Seal , #738 MOTION to Seal Portions of the Memorandum in Support of Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol (clou )
December 2, 2019 Filing 774 Reply to Motion re #731 MOTION to Seal filed by All End Payer Plaintiffs, City of Providence, Rhode Island on its own behalf and on behalf of 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, Philadelphia Federation of Teachers Health and Welfare Fund, Sergeants Benevolent Association Health & Welfare Fund, on behalf of itself and all others similarly situated, The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, 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. (Cales, James)
December 2, 2019 Filing 773 Reply to Motion re #731 MOTION to Seal filed by All End Payer Plaintiffs, City of Providence, Rhode Island on its own behalf and on behalf of 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, Philadelphia Federation of Teachers Health and Welfare Fund, Sergeants Benevolent Association Health & Welfare Fund, on behalf of itself and all others similarly situated, The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, 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. (Cales, James)
December 2, 2019 Filing 772 REPLY to Response to Motion re #738 MOTION to Seal Portions of the Memorandum in Support of Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol (Reply to Merck's Response to DPP's Motion for Leave to File Under Seal) 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 2, 2019 Filing 771 Amended Motion to appear Pro Hac Vice by William Olson and Certification of Local Counsel William H. Monroe, Jr. 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 Affidavit William Olson)(Monroe, William)
November 29, 2019 Set Deadlines/Hearings Telephone Conference re ECF Nos. #590 and #598 set for 12/5/2019 at 02:00 PM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (jjon)
November 27, 2019 Filing 770 Memorandum in Support re #766 MOTION to Seal Portions of the Memorandum in Support of Motion for an Order Compelling Production of Merck's Clawed-Back Calendar Invitation, Portions of the Declaration of Thomas M. Sobol 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)
November 27, 2019 Filing 769 Sealed Attachment/Exhibit(s) re #766 MOTION to Seal Portions of the Memorandum in Support of Motion for an Order Compelling Production of Merck's Clawed-Back Calendar Invitation, Portions of the Declaration of Thomas M. Sobol and Exhibits to the Declaration of Thomas M. Sobol. (Attachments: #1 Exhibit D. Filed Under Seal, #2 Exhibit E. Filed Under Seal, #3 Exhibit G. Filed Under Seal, #4 Exhibit I. Filed Under Seal, #5 Exhibit J. Filed Under Seal, #6 Exhibit K. Filed Under Seal)(Monroe, William)
November 27, 2019 Filing 768 Sealed Document re #766 MOTION to Seal Portions of the Memorandum in Support of Motion for an Order Compelling Production of Merck's Clawed-Back Calendar Invitation, Portions of the Declaration of Thomas M. Sobol and Exhibits to the Declaration of Thomas M. Sobol. (Monroe, William)
November 27, 2019 Filing 767 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 #766 MOTION to Seal Portions of the Memorandum in Support of Motion for an Order Compelling Production of Merck's Clawed-Back Calendar Invitation, Portions of the Declaration of Thomas M. Sobol and Exhibits to the Declaration of Thomas M. Sobol (Monroe, William)
November 27, 2019 Filing 766 MOTION to Seal Portions of the Memorandum in Support of Motion for an Order Compelling Production of Merck's Clawed-Back Calendar Invitation, Portions of the Declaration of Thomas M. Sobol and Exhibits to the 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. (Monroe, William)
November 27, 2019 Filing 765 Declaration re #763 MOTION to Compel Production of Merck's Clawed-Back Calendar Invitation 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 A., #2 Exhibit B., #3 Exhibit C., #4 Exhibit D. Filed Under Seal, #5 Exhibit E. Filed Under Seal, #6 Exhibit F., #7 Exhibit G. Filed Under Seal, #8 Exhibit H., #9 Exhibit I. Filed Under Seal, #10 Exhibit J. Filed Under Seal, #11 Exhibit K. Filed Under Seal)(Monroe, William)
November 27, 2019 Filing 764 Memorandum in Support re #763 MOTION to Compel Production of Merck's Clawed-Back Calendar Invitation 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)
November 27, 2019 Filing 763 MOTION to Compel Production of Merck's Clawed-Back Calendar Invitation 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 25, 2019 Filing 762 Declaration re #761 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)
November 25, 2019 Filing 761 RESPONSE in Support re #738 MOTION to Seal Portions of the Memorandum in Support of Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
November 25, 2019 Filing 760 Declaration re #759 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)
November 25, 2019 Filing 759 RESPONSE in Support re #731 MOTION to Seal filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
November 25, 2019 Filing 758 RESPONSE in Support re #738 MOTION to Seal Portions of the Memorandum in Support of Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
November 25, 2019 Filing 757 RESPONSE in Support re #731 MOTION to Seal Portions of the End-Payor Plaintiffs' Class Certification Motion, Memorandum of Law and Exhibits Thereto filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
November 25, 2019 Filing 756 Letter from the Court to William H. Monroe, Jr. (clou )
November 25, 2019 Filing 755 Letter to the Court from William H. Monroe, Jr. (clou)
November 25, 2019 Filing 754 RESPONSE in Support re #738 MOTION to Seal Portions of the Memorandum in Support of Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol filed by Par Pharmaceutical, Inc.. (Attachments: #1 Proposed Order)(McNichols, John)
November 25, 2019 Set Deadlines/Hearings Final Pretrial Conference set for 10/6/2020 at 09:30 AM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (jjon)
November 22, 2019 Filing 753 Letter to the Hon. Rebecca Beach Smith, Judge. (Attachments: #1 Affidavit Michael Roberts, #2 Affidavit William Olson)(Monroe, William)
November 22, 2019 Filing 752 NOTICE : If You Purchased Brand Or Generic Zetia (Ezetimibe) Directly From Merck, Glenmark or Par Between December 6, 2011 and June 11, 2017, A Class Action Settlement with Par Pharmaceutical, Inc. May Affect Your Rights. Copies distributed 11/22/2019. Signed by District Judge Rebecca Beach Smith on 11/22/2019. (clou)
November 22, 2019 Opinion or Order Filing 751 ORDER re Certification of the Proposed Direct Purchaser Class for the Par Settlement and Preliminary Approval of the Proposed Settlement. See order for specific details. Copies distributed to all counsel. Signed by District Judge Rebecca Beach Smith on 11/22/2019. (clou)
November 21, 2019 Opinion or Order Filing 750 ORDER denying #723 Motion for Pro hac vice for Michael Roberts. Please advise why the attached information was omitted from this Personal Statement. Signed by District Judge Rebecca Beach Smith on 11/21/19. (bpet, )
November 21, 2019 Opinion or Order Filing 749 ORDER denying #721 Motion for Pro hac vice for William Olson. Please see the attached public online Arkansas Judiciary record and explain omission of this information from this Personal Statement. Signed by District Judge Rebecca Beach Smith on 11/21/19. (bpet, )
November 21, 2019 Opinion or Order Filing 748 ORDER granting #722 Motion for Pro hac vice for Stephanie Smith as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 11/21/19. (bpet, )
November 21, 2019 Opinion or Order Filing 747 ORDER granting #720 Motion for Pro hac vice for Karen Sharp Halbert as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 11/21/19. (bpet, )
November 21, 2019 Opinion or Order Filing 746 ORDER granting #719 Motion for Pro hac vice for Sarah Elizabeth DeLoach as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 11/21/19. (bpet, )
November 21, 2019 Opinion or Order Filing 745 ORDER granting #718 Motion for Pro hac vice for Debra Josephson as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 11/21/19. (bpet, )
November 19, 2019 Opinion or Order Filing 744 STIPULATED EXPERT DISCOVERY PROTOCOL AND ORDER. Signed by Magistrate Judge Douglas E. Miller on 11/19/19. (afar)
November 19, 2019 Fairness Hearing set for 3/6/2020 at 11:00 AM in Norfolk Courtroom 1 before District Judge Rebecca Beach Smith. (sche)
November 19, 2019 Opinion or Order Filing 743 ORDER granting #726 Motion for Leave to take a limited deposition. The direct purchaser class plaintiffs are granted leave to take the deposition of Paul Campanelli on December 6,2019. Signed by Magistrate Judge Douglas E. Miller on 11/19/19. (afar)
November 18, 2019 Filing 742 Memorandum in Support re #738 MOTION to Seal Portions of the 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)
November 18, 2019 Filing 741 Sealed Attachment/Exhibit(s) re #738 MOTION to Seal Portions of the Memorandum in Support of Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol. (Attachments: #1 Exhibit 1. Redacted, #2 Exhibit 2. Filed Under Seal, #3 Exhibit 3. Filed Under Seal, #4 Exhibit 4. Filed Under Seal, #5 Exhibit 5. Filed Under Seal, #6 Exhibit 7. Filed Under Seal, #7 Exhibit 8. Filed Under Seal, #8 Exhibit 9. Filed Under Seal, #9 Exhibit 10. Filed Under Seal, #10 Exhibit 11. Filed Under Seal, #11 Exhibit 12. Filed Under Seal, #12 Exhibit 13. Filed Under Seal, #13 Exhibit 14. Filed Under Seal, #14 Exhibit 15. Filed Under Seal, #15 Exhibit 16. Filed Under Seal, #16 Exhibit 17. Filed Under Seal, #17 Exhibit 18. Filed Under Seal, #18 Exhibit 19. Filed Under Seal, #19 Exhibit 20. Filed Under Seal, #20 Exhibit 21. Filed Under Seal, #21 Exhibit 22. Filed Under Seal, #22 Exhibit 23. Filed Under Seal, #23 Exhibit 24. Filed Under Seal, #24 Exhibit 26. Filed Under Seal, #25 Exhibit 27. Filed Under Seal, #26 Exhibit 30. Filed Under Seal, #27 Exhibit 31. Filed Under Seal)(Monroe, William)
November 18, 2019 Filing 740 Sealed Document re #738 MOTION to Seal Portions of the Memorandum in Support of Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol. (Attachments: #1 Appendix Table of Authorities)(Monroe, William)
November 18, 2019 Filing 739 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 #738 MOTION to Seal Portions of the Memorandum in Support of Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol (Monroe, William)
November 18, 2019 Filing 738 MOTION to Seal Portions of the Memorandum in Support of Motion for Class Certification and Exhibits to the 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 Proposed Order)(Monroe, William)
November 18, 2019 Filing 737 Declaration re #735 MOTION to Certify Class 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 1. Redacted, #2 Exhibit 2. Filed Under Seal, #3 Exhibit 3. Filed Under Seal, #4 Exhibit 4. Filed Under Seal, #5 Exhibit 5. Filed Under Seal, #6 Exhibit 6. Distribution Agreement, #7 Exhibit 7. Filed Under Seal, #8 Exhibit 8. Filed Under Seal, #9 Exhibit 9. Filed Under Seal, #10 Exhibit 10. Filed Under Seal, #11 Exhibit 11. Filed Under Seal, #12 Exhibit 12. Filed Under Seal, #13 Exhibit 13. Filed Under Seal, #14 Exhibit 14. Filed Under Seal, #15 Exhibit 15. Filed Under Seal, #16 Exhibit 16. Filed Under Seal, #17 Exhibit 17. Filed Under Seal, #18 Exhibit 18. Filed Under Seal, #19 Exhibit 19. Filed Under Seal, #20 Exhibit 20. Filed Under Seal, #21 Exhibit 21. Filed Under Seal, #22 Exhibit 22. Filed Under Seal, #23 Exhibit 23. Filed Under Seal, #24 Exhibit 24. Filed Under Seal, #25 Exhibit 25. Deposition Notice, #26 Exhibit 26. Filed Under Seal, #27 Exhibit 27. Filed Under Seal, #28 Exhibit 28. FTC Staff Study, #29 Exhibit 29. IMS Consulting Document, #30 Exhibit 30. Filed Under Seal, #31 Exhibit 31. Filed Under Seal, #32 Exhibit 32. Trial Plan)(Monroe, William) (Attachment 1 replaced on 12/3/2019 as requested by counsel) (clou ).
November 18, 2019 Filing 736 Memorandum in Support re #735 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 Appendix Table of Authorities)(Monroe, William)
November 18, 2019 Filing 735 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)
November 18, 2019 Filing 734 Sealed Memorandum in Support re #730 Brief in Support,,,,,, #731 MOTION to Seal . (Attachments: #1 Exhibit Sealed Exhibit, #2 Exhibit Sealed Exhibit, #3 Exhibit Sealed Exhibit, #4 Exhibit Sealed Exhibit, #5 Exhibit Sealed Exhibit, #6 Exhibit Sealed Exhibit)(Cales, James)
November 18, 2019 Filing 733 NOTICE by All End Payer Plaintiffs, City of Providence, Rhode Island on its own behalf and on behalf of 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, Philadelphia Federation of Teachers Health and Welfare Fund, Sergeants Benevolent Association Health & Welfare Fund, on behalf of itself and all others similarly situated, The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, 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 re #731 MOTION to Seal (Cales, James)
November 18, 2019 Filing 732 Brief in Support to #731 MOTION to Seal filed by All End Payer Plaintiffs, City of Providence, Rhode Island on its own behalf and on behalf of 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, Philadelphia Federation of Teachers Health and Welfare Fund, Sergeants Benevolent Association Health & Welfare Fund, on behalf of itself and all others similarly situated, The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, 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. (Cales, James)
November 18, 2019 Filing 731 MOTION to Seal by All End Payer Plaintiffs, City of Providence, Rhode Island on its own behalf and on behalf of 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, Philadelphia Federation of Teachers Health and Welfare Fund, Sergeants Benevolent Association Health & Welfare Fund, on behalf of itself and all others similarly situated, The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, 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. (Attachments: #1 Proposed Order)(Cales, James)
November 18, 2019 Filing 730 Brief in Support to #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel filed by All End Payer Plaintiffs, City of Providence, Rhode Island on its own behalf and on behalf of 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, Philadelphia Federation of Teachers Health and Welfare Fund, Sergeants Benevolent Association Health & Welfare Fund, on behalf of itself and all others similarly situated, The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, 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. (Attachments: #1 Exhibit Declaration, #2 Exhibit Ex. to Decl., #3 Exhibit Ex. to Decl., #4 Exhibit Ex. to Decl., #5 Exhibit Ex. to Decl., #6 Exhibit Ex. to Decl., #7 Exhibit Ex. to Decl., #8 Exhibit Ex. to Decl., #9 Exhibit Ex. to Decl., #10 Exhibit Ex. to Decl., #11 Exhibit Ex. to Decl., #12 Exhibit Ex. to Decl., #13 Exhibit Ex. to Decl., #14 Exhibit Ex. to Decl., #15 Exhibit Ex. to Decl., #16 Exhibit Ex. to Decl., #17 Exhibit Ex. to Decl., #18 Exhibit Ex. to Decl., #19 Exhibit Ex. to Decl., #20 Exhibit Ex. to Decl., #21 Exhibit Ex. to Decl., #22 Exhibit Ex. to Decl., #23 Exhibit Ex. to Decl.)(Cales, James)
November 18, 2019 Filing 729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel by All End Payer Plaintiffs, City of Providence, Rhode Island on its own behalf and on behalf of 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, Philadelphia Federation of Teachers Health and Welfare Fund, Sergeants Benevolent Association Health & Welfare Fund, on behalf of itself and all others similarly situated, The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, 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. (Attachments: #1 Proposed Order Proposed EPP Class Order)(Cales, James)
November 18, 2019 Filing 728 Joint MOTION For Entry of Stipulated Expert Discovery Protocol and Order 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 Exhibit 1. Proposed Stipulated Expert Discovery Protocol and Order)(Monroe, William)
November 18, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #726 MOTION Unopposed Motion for Leave to Take the Deposition of Paul Campanelli Beyond the Discovery Cut-Off (clou )
November 15, 2019 Filing 727 Memorandum in Support re #726 MOTION Unopposed Motion for Leave to Take the Deposition of Paul Campanelli Beyond the Discovery Cut-Off 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)
November 15, 2019 Filing 726 MOTION Unopposed Motion for Leave to Take the Deposition of Paul Campanelli Beyond the Discovery Cut-Off 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 1.)(Monroe, William)
November 15, 2019 Filing 725 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. of Change of Address (Noona, Stephen)
November 15, 2019 Filing 724 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. of Change of Address (Noona, Stephen)
November 14, 2019 Filing 723 Motion to appear Pro Hac Vice by Michael Roberts and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-6938425. by FWK Holdings, LLC. (Monroe, William)
November 14, 2019 Filing 722 Motion to appear Pro Hac Vice by Stephanie Smith and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-6938405. by FWK Holdings, LLC. (Monroe, William)
November 14, 2019 Filing 721 Motion to appear Pro Hac Vice by William Olson and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-6938378. by FWK Holdings, LLC. (Monroe, William)
November 14, 2019 Filing 720 Motion to appear Pro Hac Vice by Karen Sharp Halbert and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-6938356. by FWK Holdings, LLC. (Monroe, William)
November 14, 2019 Filing 719 Motion to appear Pro Hac Vice by Sarah Elizabeth DeLoach and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-6938327. by FWK Holdings, LLC. (Monroe, William)
November 14, 2019 Filing 718 Motion to appear Pro Hac Vice by Debra Josephson and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-6938285. by FWK Holdings, LLC. (Monroe, William)
November 14, 2019 Opinion or Order Filing 717 ORDER granting #713 Motion for Pro hac vice for Jason Z Pesick as to Glenmark Generics Inc., and Glenmark Pharmaceuticals, Ltd.. Signed by District Judge Rebecca Beach Smith on 11/13/2019. (bboy, )
November 12, 2019 Filing 716 Declaration re #715 Response,,, (Of Ashley E. Johnson filed in Support of Merck and Glenmark Defendants' Joint Response To Plaintiffs' Objections To The Magistrate Judge's Report And Recommendation Granting Defendants' Motions To Dismiss New Claims And Allegations In Plaintiffs' Amended Complaints) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit A)(Noona, Stephen)
November 12, 2019 Filing 715 Response to #705 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #698 REPORT AND RECOMMENDATIONS re #500 MOTION to Dismiss for Failure to State a Claim (Defendants' Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough, #706 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #698 REPORT AND RECOMMENDATIONS re #500 MOTION to Dismiss for Failure to State a Claim (Defendants' Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough (Merck and Glenmark Defendants' Joint Response To Plaintiffs' Objections To The Magistrate Judge's Report And Recommendation Granting Defendants' Motions To Dismiss New Claims And Allegations In Plaintiffs' Amended Complaints) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
November 12, 2019 Opinion or Order Filing 714 ORDER granting #712 Motion to Withdraw as Attorney. Attorney Amanda Lee Czocher terminated. Signed by Magistrate Judge Douglas E. Miller on November 12, 2019. (Miller, Douglas)
November 11, 2019 Filing 713 Motion to appear Pro Hac Vice by Jason Z. Pesick and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number 0422-6931884. by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
November 8, 2019 Filing 712 MOTION to Withdraw as Attorney by Par Pharmaceutical, Inc.. (Mims, Kathryn)
November 5, 2019 Opinion or Order Filing 711 ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting #371 MOTION to Certify Class for Purposes of Settlement With Par Pharmaceutical, Inc., Appointment of Class Counsel, Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class, Appointment of a Notice Administrator, A Stay of All Proceedings in the MDL as Against Par, and Setting the Final Settlement Schedule and Date for a Fairness Hearing, as subsequently modified see ECF #649 ; adopting Report and Recommendations re #668 Report and Recommendations. See order for specific details. Copies distributed as directed. Signed by District Judge Rebecca Beach Smith on 11/5/2019. (clou )
October 31, 2019 Opinion or Order Filing 710 Sealing ORDER re #659 MOTION to Seal PORTIONS OF THE GLENMARK DEFENDANTS BRIEF IN OPPOSITION TO PLAINTIFFS SECOND MOTION TO COMPEL PRODUCTION AND FOR IN CAMERA REVIEW OF GLENMARKS DOCUMENTS. Entered as modified by the Court. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/31/2019. (clou )
October 31, 2019 Opinion or Order Filing 709 Sealing ORDER re #684 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Second Motion to Compel Production and for In Camera Review of Merck's Documents and Exhibits A and B to the Supplemental Declaration of Sharon K. Robertson to Reply in Support of Motion to Compel. Entered as modified by the Court. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/30/2019. (clou )
October 31, 2019 Opinion or Order Filing 708 Sealing ORDER re #677 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Second Motion for an Order to Compel Production and for In Camera Review of Glenmark's Documents and Exhibits B, C, and E to the Supplemental Declaration of Sharon K. Robertson to Reply in Support of Plaintiffs' Motion to Compel. Entered as modified by the Court. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/30/2019. (clou )
October 29, 2019 Filing 707 Memorandum in Support re #706 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #698 REPORT AND RECOMMENDATIONS re #500 MOTION to Dismiss for Failure to State a Claim (Defendants' Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough 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 29, 2019 Filing 706 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #698 REPORT AND RECOMMENDATIONS re #500 MOTION to Dismiss for Failure to State a Claim (Defendants' Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., And MSP Singapore Co. LLC Motion To Dismiss New Claims And A 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 29, 2019 Filing 705 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #698 REPORT AND RECOMMENDATIONS re #500 MOTION to Dismiss for Failure to State a Claim (Defendants' Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., And MSP Singapore Co. LLC Motion To Dismiss New Claims And A 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)(Carroll, Adam)
October 28, 2019 Opinion or Order Filing 704 Sealing ORDER granting #396 MOTION to Seal Twenty Exhibits To The Declaration In Support Of Direct Purchaser Class Plaintiffs Opposition To Merck's Motion To Dismiss And Portions Of Direct Purchaser Class Plaintiffs Brief In Opposition. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/28/2019. (clou )
October 28, 2019 Opinion or Order Filing 703 ORDER granting #701 MOTION for Extension of Time to Complete Discovery Motion for Leave to Take Depositions Out of Time. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/28/2019. (clou )
October 28, 2019 Opinion or Order Filing 702 Sealing ORDER granting #650 MOTION to Seal Certain Documents. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/28/2019. (clou )
October 28, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #701 MOTION for Extension of Time to Complete Discovery Motion for Leave to Take Depositions Out of Time (clou )
October 27, 2019 Filing 701 MOTION for Extension of Time to Complete Discovery Motion for Leave to Take Depositions Out of Time 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 21, 2019 Opinion or Order Filing 700 PRETRIAL ORDER No. 7 - extending all dates in the current case schedule by two weeks starting with the deadline for the Direct Purchaser Plaintiffs and End-Payor Plaintiffs to move for class certification. See order for details. Copies distributed to all counsel. Signed by District Judge Rebecca Beach Smith on 10/21/2019. (clou )
October 18, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #684 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Second Motion to Compel Production and for In Camera Review of Merck's Documents and Exhibits A and B to the Supplemental Declaration of Sharon K. Robertson to Reply in Suppor, #677 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Second Motion for an Order to Compel Production and for In Camera Review of Glenmark's Documents and Exhibits B, C, and E to the Supplemental Declaration of Sharon K. Robertso (clou, )
October 16, 2019 Opinion or Order Filing 699 ORDER granting #697 Motion for Pro hac vice for Brian Brooks as to The Uniformed Firefighters' Association of Greater New York Security Benefit Fund. Signed by District Judge Rebecca Beach Smith on 10/16/2019. (bboy, )
October 15, 2019 Filing 698 REPORT AND RECOMMENDATIONS - the undersigned recommends that Defendants' Motions to Dismiss, (ECF Nos. #353 , #498 , #500 ), be GRANTED, and Plaintiffs' claims proceed against Merck and Glenmark as outlined in the court's prior Opinions. See Report & Recommendations for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/15/2019. (clou)
October 15, 2019 Filing 697 Motion to appear Pro Hac Vice by Brian Brooks and Certification of Local Counsel James A. Cales III Filing fee $ 75, receipt number 0422-6887012. by The Uniformed Firefighters' Association of Greater New York Security Benefit Fund. (Cales, James)
October 10, 2019 Filing 696 RESPONSE in Support re #677 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Second Motion for an Order to Compel Production and for In Camera Review of Glenmark's Documents and Exhibits B, C, and E to the Supplemental Declaration of Sharon K. Robertso filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
October 10, 2019 Filing 695 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 #692 Telephone Conference,, Notice of Filing Proposed Pretrial Order No. 7 (Attachments: #1 Proposed Order A.)(Monroe, William)
October 9, 2019 Filing 694 Declaration re #693 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 9, 2019 Filing 693 RESPONSE in Support re #684 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Second Motion to Compel Production and for In Camera Review of Merck's Documents and Exhibits A and B to the Supplemental Declaration of Sharon K. Robertson to Reply in Suppor 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 9, 2019 Filing 692 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Telephone Conference held on 10/9/2019. Matter came on for telephone conference regarding the possibility of adjusting the dates/deadlines in the case. Present by telephone were Adam Carroll, Bradley Vettraino, William Monroe, Jim Cales, Eric Bloom, Stephen Noona, Christopher Dusseault, James Fee, and Richard Ottinger. Counsel discuss the proposed extension. Court directs the parties to confer and submit a revised schedule adjusting all of the deadlines anticipating a trial date in early October 2020. Telephone conference adjourned. (Court Reporter Heidi Jeffreys, OCR.)(cdod, )
October 8, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #659 MOTION to Seal PORTIONS OF THE GLENMARK DEFENDANTS BRIEF IN OPPOSITION TO PLAINTIFFS SECOND MOTION TO COMPEL PRODUCTION AND FOR IN CAMERA REVIEW OF GLENMARKS DOCUMENTS, #650 MOTION to Seal Certain Documents (clou )
October 8, 2019 Opinion or Order Filing 691 ORDER granting in part and denying in part #615 MOTION for Protective Order. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/8/2019. (clou )
October 7, 2019 Set Hearings Telephone Conference set for 10/9/2019 at 11:30 AM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (cdod, )
October 4, 2019 Filing 690 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller: Telephone Conference held on 10/4/2019. Matter came on for telephone conference re: clarification on Courts order (#642) entered on 9/24/2019 and motion (#615) for protective order. Present by telephone were Bill Monroe, Peter Kohn, Bradley Demuth, Thomas Sobol, Bradley Vettraino, Michael Buchman, Eric Bloom, Jennifer Bracht, Jim Cales, Adam Carroll and Erin Durba on behalf of plaintiffs, Steve Noona, Christopher Dusseault, Deborah Stein, James Fee and Richard Ottinger present on behalf of the defendants. The parties ask the Court for clarification of the Courts order dated 9/24/19. The parties ask for clarification regarding the search. Secondly, the parties request that the Court rule on the motion for protective order (#615). The Court makes rulings on the record regarding the motion and the deposition that it affects that is scheduled to take place on 10/16/19. The Court will enter a short order. Telephone conference adjourned. (Court Reporter Heidi Jeffreys, OCR.)(cdod, )
October 4, 2019 Filing 689 TRANSCRIPT of proceedings (Hearing, in re: ECF 642 & 615) held on 10/04/2019, 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 11/4/2019. Redacted Transcript Deadline set for 12/4/2019. Release of Transcript Restriction set for 1/2/2020.(jeffreys, heidi)
October 4, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #590 Second MOTION to Compel Production and In Camera Review of Glenmark's Documents #598 Second MOTION to Compel Production and In Camera Review of Merck's Documents. (clou )
October 3, 2019 Filing 688 Memorandum in Support re #684 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Second Motion to Compel Production and for In Camera Review of Merck's Documents and Exhibits A and B to the Supplemental Declaration of Sharon K. Robertson to Reply in Suppor of Motion to Compel 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 3, 2019 Filing 687 Sealed Attachment/Exhibit(s) re #684 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Second Motion to Compel Production and for In Camera Review of Merck's Documents and Exhibits A and B to the Supplemental Declaration of Sharon K. Robertson to Reply in Suppor. (Attachments: #1 Exhibit A. Filed Under Seal, #2 Exhibit B. Filed Under Seal)(Monroe, William)
October 3, 2019 Filing 686 Sealed Document re #684 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Second Motion to Compel Production and for In Camera Review of Merck's Documents and Exhibits A and B to the Supplemental Declaration of Sharon K. Robertson to Reply in Suppor. (Monroe, William)
October 3, 2019 Filing 685 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 #684 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Second Motion to Compel Production and for In Camera Review of Merck's Documents and Exhibits A and B to the Supplemental Declaration of Sharon K. Robertson to Reply in Suppor of Motion to Compel (Monroe, William)
October 3, 2019 Filing 684 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Second Motion to Compel Production and for In Camera Review of Merck's Documents and Exhibits A and B to the Supplemental Declaration of Sharon K. Robertson to Reply in Support of Motion to Compel 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 3, 2019 Filing 683 Declaration re #682 Reply to Response to Motion, Supplemental Declaration of Sharon K. Robertson to Reply in Support of Plaintiffs' Second Motion to Compel Production and for In Camera Review of Merck Documents 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. Filed Under Seal, #2 Exhibit B. Filed Under Seal)(Monroe, William)
October 3, 2019 Filing 682 REPLY to Response to Motion re #598 Second MOTION to Compel Production and In Camera Review of Merck's Documents 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 Appendix Table of Authorities)(Monroe, William)
October 3, 2019 Filing 681 Memorandum in Support re #677 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Second Motion for an Order to Compel Production and for In Camera Review of Glenmark's Documents and Exhibits B, C, and E to the Supplemental Declaration of Sharon K. Robertso 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 3, 2019 Filing 680 Sealed Attachment/Exhibit(s) re #677 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Second Motion for an Order to Compel Production and for In Camera Review of Glenmark's Documents and Exhibits B, C, and E to the Supplemental Declaration of Sharon K. Robertso. (Attachments: #1 Exhibit B. Under Seal, #2 Exhibit C. Under Seal, #3 Exhibit E. Under Seal)(Monroe, William)
October 3, 2019 Filing 679 Sealed Document re #677 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Second Motion for an Order to Compel Production and for In Camera Review of Glenmark's Documents and Exhibits B, C, and E to the Supplemental Declaration of Sharon K. Robertso. (Monroe, William)
October 3, 2019 Filing 678 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 #677 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Second Motion for an Order to Compel Production and for In Camera Review of Glenmark's Documents and Exhibits B, C, and E to the Supplemental Declaration of Sharon K. Robertso (Monroe, William)
October 3, 2019 Filing 677 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Second Motion for an Order to Compel Production and for In Camera Review of Glenmark's Documents and Exhibits B, C, and E to the Supplemental Declaration of Sharon K. Robertson to Reply in Support of Plaintiffs' Motion to Compel 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 3, 2019 Filing 676 Declaration re #675 Memorandum in Support, Declaration of Sharon K. Robertson to 2nd Motion to Compel Glenmark to Produce Documents and for In Camera Review 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. Filed Under Seal, #3 Exhibit C. Filed Under Seal, #4 Exhibit D., #5 Exhibit E. Filed Under Seal)(Monroe, William)
October 3, 2019 Filing 675 Memorandum in Support re #590 Second MOTION to Compel Production and In Camera Review of Glenmark's Documents [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 3, 2019 Opinion or Order Filing 674 ORDER re #429 MOTION to Compel Production and for In Camera Review of Glenmark's Documents; #437 MOTION to Compel Production and for In Camera Review of Merck's Withheld Documents. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/3/2019. (clou )
October 3, 2019 Set Hearings Telephone Conference set for 10/4/2019 at 03:00 PM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (#642)(#615) (cdod, )
October 2, 2019 Filing 673 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 #600 Declaration,, Notice of Filing of Unsealed Exhibit 6 to the Declaration of Sharon Robertson in Support of Plaintiffs' Second Motion to Compel Production and for In Camera Review of Merck's Documents (Attachments: #1 Exhibit 1. Ex. 6.)(Monroe, William)
October 2, 2019 Opinion or Order Filing 672 Sealing ORDER granting #617 MOTION to Seal Exhibit 1, Part 1, to Memorandum in Support of Motion for Protective Order. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/2/2019. (clou )
October 2, 2019 Opinion or Order Filing 670 Sealing ORDER re #601 MOTION to Seal Portions of the Memorandum of Law ISO Plaintiffs' Second Motion to Compel Production and for In Camera Review of Merck's Documents and Exhibits to the Declaration of Sharon K. Robertson. Entered as modified by the Court. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/2/2019. (clou )
October 2, 2019 Opinion or Order Filing 669 Sealing ORDER re #593 MOTION to Seal Portions of the Memorandum of Law ISO Plaintiffs' Second Motion to Compel Production and for In Camera Review of Glenmark's Documents and Exhibits to the Declaration of Sharon K. Robertson. Entered as modified by the Court. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/2/2019. (clou )
October 1, 2019 Opinion or Order Filing 671 ORDER granting #664 Motion for Pro hac vice for Mark J. Fanelli as to Glenmark Generics Inc. and Glenmark Pharmaceuticals, Ltd. Signed by District Judge Rebecca Beach Smith on 10/1/19. (tlev, )
October 1, 2019 Filing 668 REPORT AND RECOMMENDATIONS re #371 MOTION to Certify Class for Purposes of Settlement With Par Pharmaceutical, Inc., Appointment of Class Counsel, Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class, Appointment of a Notice Administ rator, A Stay of All Proceedings in the MDL as Against Par, and Setting the Final Settlement Schedule and Date for a Fairness Hearing. See Report and Recommendations for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/1/2019. (clou )
October 1, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #615 MOTION for Protective Order (clou )
September 30, 2019 Filing 667 Brief in Support to #500 MOTION to Dismiss for Failure to State a Claim (Defendants' Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., And MSP Singapore Co. LLC Motion To Dismiss New Claims And Allegations In Retailers' Amended, #646 Transcript,,, #355 NOTICE, #498 MOTION to Dismiss for Failure to State a Claim Retailer Plaintiffs' Amended Complaints, #353 MOTION to Dismiss for Failure to State a Claim (Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., and MSP Singapore Co. LLC's Motion to Dismiss New Claims and Allegations in Direct Purchaser Plaint (Authorized Supplemental Brief In Support Of Merck and Glenmark Defendants' Motions To Dismiss New Claims and Allegations In Direct Purchaser Plaintiffs' Amended Complaint) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 30, 2019 Filing 666 Opposition to #353 MOTION to Dismiss for Failure to State a Claim (Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., and MSP Singapore Co. LLC's Motion to Dismiss New Claims and Allegations in Direct Purchaser Plaint DPP's AUTHORIZED SUPPLEMENTAL BRIEF IN OPPOSITION 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. Marketing and Distribution Agreement)(Monroe, William)
September 30, 2019 Filing 665 REPLY to Response to Motion re #615 MOTION for Protective Order filed by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 30, 2019 Filing 664 Motion to appear Pro Hac Vice by Mark J. Fanelli and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number 0422-6862494. by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
September 30, 2019 Filing 663 Memorandum in Opposition re #500 MOTION to Dismiss for Failure to State a Claim (Defendants' Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., And MSP Singapore Co. LLC Motion To Dismiss New Claims And Allegations In Retailers' Amended, #498 MOTION to Dismiss for Failure to State a Claim Retailer Plaintiffs' Amended Complaints Post-Hearing Memorandum in Opposition 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 27, 2019 Filing 662 Sealed Response/Reply/Opposition re #658 Response in Opposition to Motion, #590 Second MOTION to Compel Production and In Camera Review of Glenmark's Documents, #659 MOTION to Seal PORTIONS OF THE GLENMARK DEFENDANTS BRIEF IN OPPOSITION TO PLAINTIFFS SECOND MOTION TO COMPEL PRODUCTION AND FOR IN CAMERA REVIEW OF GLENMARKS DOCUMENTS. (Ottinger, Richard)
September 27, 2019 Filing 661 Memorandum in Support re #659 MOTION to Seal PORTIONS OF THE GLENMARK DEFENDANTS BRIEF IN OPPOSITION TO PLAINTIFFS SECOND MOTION TO COMPEL PRODUCTION AND FOR IN CAMERA REVIEW OF GLENMARKS DOCUMENTS filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
September 27, 2019 Filing 660 Notice of Filing Sealing Motion LCvR5(C) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #659 MOTION to Seal PORTIONS OF THE GLENMARK DEFENDANTS BRIEF IN OPPOSITION TO PLAINTIFFS SECOND MOTION TO COMPEL PRODUCTION AND FOR IN CAMERA REVIEW OF GLENMARKS DOCUMENTS (Ottinger, Richard)
September 27, 2019 Filing 659 MOTION to Seal PORTIONS OF THE GLENMARK DEFENDANTS BRIEF IN OPPOSITION TO PLAINTIFFS SECOND MOTION TO COMPEL PRODUCTION AND FOR IN CAMERA REVIEW OF GLENMARKS DOCUMENTS by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
September 27, 2019 Filing 658 RESPONSE in Opposition re #590 Second MOTION to Compel Production and In Camera Review of Glenmark's Documents filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
September 27, 2019 Filing 657 Sealed Attachment/Exhibit(s) re #650 MOTION to Seal Certain Documents, #655 Declaration,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit G)(Noona, Stephen)
September 27, 2019 Filing 656 Sealed Response/Reply/Opposition re #650 MOTION to Seal Certain Documents, #654 Memorandum in Opposition,. (Noona, Stephen)
September 27, 2019 Filing 655 Declaration re #654 Memorandum in Opposition, (Deborah L. Stein) 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), #3 Exhibit C (Public Version), #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G (Public Version))(Noona, Stephen)
September 27, 2019 Filing 654 Memorandum in Opposition re #598 Second MOTION to Compel Production and In Camera Review of Merck's Documents (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 27, 2019 Filing 653 Declaration re #651 Memorandum in Support (Deborah L. Stein) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 27, 2019 Filing 652 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 #650 MOTION to Seal Certain Documents (Noona, Stephen)
September 27, 2019 Filing 651 Memorandum in Support re #650 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 27, 2019 Filing 650 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 27, 2019 Filing 649 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 #374 Declaration,,, Direct Purchaser Plaintiffs' Notice of Filing Second Revised Proposed Notice to the Class of the Proposed Settlement with Par Pharmaceutical, Inc. (Attachments: #1 Exhibit A. Revised Settlement Notice w/redline, #2 Exhibit B. Revised Settlement Notice w/out redline)(Monroe, William)
September 27, 2019 Opinion or Order Filing 648 ORDER granting #647 Motion to Take Deposition from Mr. Coughlin on November 6, 2019.. Signed by Magistrate Judge Douglas E. Miller on 9/27/19. (afar)
September 26, 2019 Filing 647 MOTION to Take Deposition from Terrance Coughlin Beyond the Discovery Cut-Off 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 26, 2019 Filing 646 TRANSCRIPT of proceedings (Motions Hearing) held on 09/23/2019, 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 10/28/2019. Redacted Transcript Deadline set for 11/26/2019. Release of Transcript Restriction set for 12/26/2019.(jeffreys, heidi)
September 24, 2019 Filing 645 RESPONSE in Opposition re #615 MOTION for Protective Order , GLENMARK AND MERCK DEFENDANTS OPPOSITION TO PLAINTIFF ROCHESTER DRUG CO-OPERATIVE, INC.S MOTION FOR PROTECTIVE ORDER filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
September 24, 2019 Opinion or Order Filing 644 ORDER granting in part #422 MOTION to Compel Defendants' Immediate Production of Negotiator Cell Phone Number and Carrier Information and Related Records. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/24/2019. (clou)
September 24, 2019 Opinion or Order Filing 643 ORDER granting #400 MOTION to Compel Glenmark to Produce the 2015 Greenberg Traurig, LLP Opinion Letter. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/24/2019. (clou )
September 24, 2019 Opinion or Order Filing 642 ORDER granting in part #408 MOTION to Compel Merck to Search for and Produce Responsive Non-Privileged Pre-Execution Forecasting Documents and Add Three Custodians. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/24/2019. (clou )
September 23, 2019 Filing 641 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller: Motion Hearing held on 9/23/2019 re #400 MOTION to Compel Glenmark to Produce the 2015 Greenberg Traurig, LLP Opinion Letter 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, #371 MOTION to Certify Class for Purposes of Settlement With Par Pharmaceutical, Inc., Appointment of Class Counsel, Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class, Appointment of a Notice Administrator 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, #500 MOTION to Dismiss for Failure to State a Claim (Defendants' Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., And MSP Singapore Co. LLC Motion To Dismiss New Claims And Allegations In Retailers' Amended filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #437 MOTION to Compel Production and for In Camera Review of Merck's Withheld Documents 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, #422 MOTION to Compel Defendants' Immediate Production of Negotiator Cell Phone Number and Carrier Information and Related Records 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, #498 MOTION to Dismiss for Failure to State a Claim Retailer Plaintiffs' Amended Complaints filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd., #408 MOTION to Compel Merck to Search for and Produce Responsive Non-Privileged Pre-Execution Forecasting Documents and Add Three Custodians 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, #429 MOTION to Compel Production and for In Camera Review of Glenmark's Documents 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, #353 MOTION to Dismiss for Failure to State a Claim (Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., and MSP Singapore Co. LLC's Motion to Dismiss New Claims and Allegations in Direct Purchaser Plaint filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp. Ashley Johnson, Stephen Noona, Christopher Dusseault, Deborah Stein, and Samuel Liversidge present for Defendants Merck & Co, Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp. and MSP Singapore Co. LLC. Scott Perwin and Peter Kohn present for Retailer Purchaser Plaintiffs. William Monroe, Thomas Sobol, Bradley Demuth and Sharon Robertson present for Direct Purchaser Plaintiffs. James Cales present for Indirect Purchaser Plaintiffs. Steven Reed, Richard Ottinger, and Richard Brendan Fee present for Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc, USA. Argument by Ashley Johnson, Steven Reed, Peter Kohn, Scott Perwin, Thomas Sobol, Samuel Liversidge, Bradley Demuth, Christopher Dusseault, Sharon Robertson, Deborah Stein, and Richard Brendan Fee heard. Evidence presented. Comments and questions by the Court. The Court made rulings on the record. The Court will issue Orders and a Report and Recommendations with regard to the pending motions. Court in recess. (Court Reporter Heidi Jeffreys.) (jjon)
September 23, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #593 MOTION to Seal Portions of the Memorandum of Law ISO Plaintiffs' Second Motion to Compel Production and for In Camera Review of Glenmark's Documents and Exhibits to the Declaration of Sharon K. Robertson, #617 MOTION to Seal Exhibit 1, Part 1, to Memorandum in Support of Motion for Protective Order, #601 MOTION to Seal Portions of the Memorandum of Law ISO Plaintiffs' Second Motion to Compel Production and for In Camera Review of Merck's Documents and Exhibits to the Declaration of Sharon K. Robertson (clou)
September 20, 2019 Filing 640 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 #374 Declaration,,, Notice of Filing of Redacted Version of Exhibit 5 to Sobol Declaration in Support of Plaintiffs' Motion for Preliminary Approval of Proposed Settlement (Attachments: #1 Exhibit 1. Redacted Exhibit 5)(Monroe, William)
September 19, 2019 Filing 639 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 #437 MOTION to Compel Production and for In Camera Review of Merck's Withheld Documents, #429 MOTION to Compel Production and for In Camera Review of Glenmark's Documents Notice of Supplemental Authority (Attachments: #1 Exhibit 1. Decision and Order)(Monroe, William)
September 13, 2019 Filing 638 Declaration re #637 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 13, 2019 Filing 637 RESPONSE in Support re #601 MOTION to Seal Portions of the Memorandum of Law ISO Plaintiffs' Second Motion to Compel Production and for In Camera Review of Merck's Documents and Exhibits to the Declaration of Sharon K. Robertson 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 13, 2019 Filing 636 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 #546 Declaration,, Notice of Filing of Redacted Version of Exhibit 2 to Declaration of Sharon Robertson in Support of Reply Brief In Support of Plaintiffs' Motion to Compel Production and for In Camera Review of Merck's Documents (Attachments: #1 Exhibit 1 (ECF 546-2 redacted))(Monroe, William)
September 13, 2019 Filing 635 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 #439 Declaration,,, Notice of Filing of Unsealed Exhibit J to Declaration of Sharon Robertson In Support of Plaintiffs' Motion for an Order to Compel Production and for In Camera Review of Merck's Documents (Attachments: #1 Exhibit 1 (ECF 439-10 unsealed))(Monroe, William)
September 13, 2019 Filing 634 RESPONSE in Support re #593 MOTION to Seal Portions of the Memorandum of Law ISO Plaintiffs' Second Motion to Compel Production and for In Camera Review of Glenmark's Documents and Exhibits to the Declaration of Sharon K. Robertson filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
September 13, 2019 Filing 633 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 #402 Declaration,,,,, Notice of Filing of Unsealed Exhibit 16 to the Declaration of Brad Demuth In Support of Motion to Compel Production of the 2015 Greenberg Traurig Opinion Letter Glenmark Commissioned (Attachments: #1 Exhibit 1 (ECF 402-16 unsealed))(Monroe, William)
September 12, 2019 Opinion or Order Filing 632 ORDER granting #560 MOTION to Seal a Portion of Plaintiffs' Reply in Support of Motion to Compel Merck to Produce Pre-Execution Forecasting Documents and Add Three Custodians and to Seal Exhibit X to Demuth Supplemental Declaration. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/12/2019. (clou )
September 12, 2019 Opinion or Order Filing 631 ORDER granting #566 MOTION to Seal Plaintiffs' Reply in Support of Motion to Compel Production and For in camera Review of Glenmark's Document. Copies distributed to all counsel. See order for details. Signed by Magistrate Judge Douglas E. Miller on 9/12/2019. (clou )
September 12, 2019 Opinion or Order Filing 630 ORDER granting #553 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Motion to Compel Production of the Greenberg Traurig Opinion Letter and to Seal Exhibits to the Supplemental Declaration of Bradley J. Demuth, Esq. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/12/2019. (clou)
September 12, 2019 Opinion or Order Filing 629 ORDER granting #547 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Motion to Compel Production and for in camera Review of Merck's Documents and to Seal Exhibits to the Supplemental Declaration of Sharon K. Robertson. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/12/2019. (clou )
September 12, 2019 Opinion or Order Filing 628 ORDER granting #531 MOTION to Seal (Motion to Seal Portions of Merck's Opposition to the Direct Purchaser Plaintiffs' Motion to Compel Production and for In Camera Review of Merck's Withheld Documents and Certain Exhibits in Support). See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/12/2019. (clou )
September 12, 2019 Opinion or Order Filing 627 ORDER granting #524 MOTION to Seal Portions of Glenmark Defendants' Brief in Opposition to Plaintiffs' Motion to Compel Production and for In Camera Review. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/12/2019. (clou)
September 12, 2019 Opinion or Order Filing 626 ORDER granting #509 MOTION to Seal Portions of the Glenmark Defendants' Brief in Opposition to Plaintiffs' Motion to Compel. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/12/2019. (clou )
September 11, 2019 Opinion or Order Filing 624 ORDER granting #583 Motion for Pro hac vice for Kathleen Ellen Boychuck as to Painters District Council No. 30 Health and Welfare Fund, on behalf of itself and all others similarly situated. Signed by District Judge Rebecca Beach Smith on 09/9/19. (tlev, )
September 11, 2019 Opinion or Order Filing 623 ORDER granting #582 Motion for Pro hac vice for Timothy Patrick Best as to MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp. and Schering-Plough Corp. Signed by District Judge Rebecca Beach Smith on 09/09/2019. (tlev, )
September 11, 2019 Opinion or Order Filing 622 ORDER granting #577 Motion for Pro hac vice for Ashley Elizabeth Johnson as to MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp. and Schering-Plough Corp. Signed by District Judge Rebecca Beach Smith on 09/09/19. (tlev, )
September 11, 2019 Opinion or Order Filing 621 ORDER granting #578 Motion for Pro hac vice for Caeli Anne Higney as to MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp. and Schering-Plough Corp. Signed by District Judge Rebecca Beach Smith on 09/09/2019. (tlev, )
September 10, 2019 Filing 620 Memorandum in Support re #617 MOTION to Seal Exhibit 1, Part 1, to Memorandum in Support of Motion for Protective Order filed by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 10, 2019 Filing 619 Sealed Attachment/Exhibit(s) re #617 MOTION to Seal Exhibit 1, Part 1, to Memorandum in Support of Motion for Protective Order. (Attachments: #1 Exhibit 1. Part 1.)(Monroe, William)
September 10, 2019 Filing 618 Notice of Filing Sealing Motion LCvR5(C) by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #617 MOTION to Seal Exhibit 1, Part 1, to Memorandum in Support of Motion for Protective Order (Monroe, William)
September 10, 2019 Filing 617 MOTION to Seal Exhibit 1, Part 1, to Memorandum in Support of Motion for Protective Order by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
September 10, 2019 Filing 616 Memorandum in Support re #615 MOTION for Protective Order filed by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit 1. Part 1. (redacted), #2 Exhibit 1. Part 2., #3 Exhibit 2.)(Monroe, William)
September 10, 2019 Filing 615 MOTION for Protective Order by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
September 10, 2019 Opinion or Order Filing 614 ORDER granting #432 MOTION to Seal Exhibits to the Declaration of Sharon K. Robertson and to Seal Portions of the Memorandum in Support of Motion to Compel. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/10/2019. (clou )
September 10, 2019 Opinion or Order Filing 613 ORDER entered AS MODIFIED by the court #375 MOTION to Seal Exhibit 5 of the Declaration of Thomas M. Sobol in Support of Direct Purchaser Plaintiffs' Motion for Preliminary Approval of Proposed Settlement. Copies distributed to all counsel. See order for details. Signed by Magistrate Judge Douglas E. Miller on 9/10/2019. (clou )
September 10, 2019 Opinion or Order Filing 612 ORDER entered AS MODIFIED by the court #415 MOTION to Seal (Motion To Seal Portions Of Response To Direct Purchaser Plaintiffs' Motion For Class Certification For Purposes Of Settlement With Par Pharmaceutical, Inc., and Preliminary Approval Of Proposed Settlement). Copies distributed to all counsel. See order for details. Signed by Magistrate Judge Douglas E. Miller on 9/10/2019. (clou )
September 10, 2019 Opinion or Order Filing 611 ORDER granting #448 MOTION to Seal (Motion to Seal Portions of Merck's Reply Brief In Support of Motion to Dismiss New Claims and Allegations in Direct Purchaser Plaintiffs' Amended Consolidated Class Action Complaint). See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/10/2019. (clou)
September 10, 2019 Opinion or Order Filing 610 ORDER entered AS MODIFIED by the court #425 MOTION to Seal Exhibits to the Declaration of Bradley J. Demuth in Support of Plaintiffs' Motion to Compel and to Seal Portions of the Memorandum in Support of Motion to Compel. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/10/2019. (clou )
September 10, 2019 Opinion or Order Filing 609 ORDER entered AS MODIFIED by the court #440 MOTION to Seal Exhibits to the Declaration of Sharon K. Robertson and to Seal Portions of the Memorandum in Support of the Motion to Compel. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/10/2019. (clou)
September 10, 2019 Opinion or Order Filing 608 ORDER granting #411 MOTION to Seal Portions of Plaintiffs' Memorandum of Law in Support of Motion to Compel Merck to Produce Pre-Execution Forecasting Documents and Add Three Custodians and to Seal Exhibit V to the Demuth Declaration. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/10/2019. (clou)
September 10, 2019 Opinion or Order Filing 607 ORDER granting #403 MOTION to Seal Portions of Memorandum In Support of Motion to Compel Glenmark to Produce Greenberg Traurig Opinion Letter and to Seal Exhibits to Demuth Declaration. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/10/2019. (clou)
September 10, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #566 MOTION to Seal Plaintiffs' Reply in Support of Motion to Compel Production and For in camera Review of Glenmark's Document, #560 MOTION to Seal a Portion of Plaintiffs' Reply in Support of Motion to Compel Merck to Produce Pre-Execution Forecasting Documents and Add Three Custodians and to Seal Exhibit X to Demuth Supplemental Declaration, #547 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Motion to Compel Production and for in camera Review of Merck's Documents and to Seal Exhibits to the Supplemental Declaration of Sharon K. Robertson, #553 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Motion to Compel Production of the Greenberg Traurig Opinion Letter and to Seal Exhibits to the Supplemental Declaration of Bradley J. Demuth, Esq. (clou )
September 10, 2019 Opinion or Order Filing 606 ORDER granting #503 Motion to Withdraw as Attorney, D. Sean Nation. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/10/2019. (clou )
September 6, 2019 Filing 605 Memorandum in Support re #601 MOTION to Seal Portions of the Memorandum of Law ISO Plaintiffs' Second Motion to Compel Production and for In Camera Review of Merck's Documents and Exhibits to the Declaration of Sharon K. Robertson 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 6, 2019 Filing 604 Sealed Attachment/Exhibit(s) re #598 Second MOTION to Compel Production and In Camera Review of Merck's Documents. (Attachments: #1 Exhibit 1 (filed under seal), #2 Exhibit 2 (filed under seal), #3 Exhibit 3 (filed under seal), #4 Exhibit 4 (filed under seal), #5 Exhibit 5 (filed under seal), #6 Exhibit 6 (filed under seal), #7 Exhibit 7 (filed under seal))(Monroe, William)
September 6, 2019 Filing 603 Sealed Memorandum in Support re #598 Second MOTION to Compel Production and In Camera Review of Merck's Documents. (Monroe, William)
September 6, 2019 Filing 602 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 #601 MOTION to Seal Portions of the Memorandum of Law ISO Plaintiffs' Second Motion to Compel Production and for In Camera Review of Merck's Documents and Exhibits to the Declaration of Sharon K. Robertson (Monroe, William)
September 6, 2019 Filing 601 MOTION to Seal Portions of the Memorandum of Law ISO Plaintiffs' Second Motion to Compel Production and for In Camera Review of Merck's Documents and Exhibits to the 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. (Monroe, William)
September 6, 2019 Filing 600 Declaration re #598 Second MOTION to Compel Production and In Camera Review of Merck's Documents 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 1 (filed under seal), #2 Exhibit 2 (filed under seal), #3 Exhibit 3 (filed under seal), #4 Exhibit 4 (filed under seal), #5 Exhibit 5 (filed under seal), #6 Exhibit 6 (filed under seal), #7 Exhibit 7 (filed under seal), #8 Exhibit 8)(Monroe, William)
September 6, 2019 Filing 599 Memorandum in Support re #598 Second MOTION to Compel Production and In Camera Review of Merck's Documents 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)
September 6, 2019 Filing 598 Second MOTION to Compel Production and In Camera Review of Merck's Documents 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 6, 2019 Filing 597 Memorandum in Support re #593 MOTION to Seal Portions of the Memorandum of Law ISO Plaintiffs' Second Motion to Compel Production and for In Camera Review of Glenmark's Documents and Exhibits to the Declaration of Sharon K. Robertson 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 6, 2019 Filing 596 Sealed Attachment/Exhibit(s) re #592 Declaration,,. (Attachments: #1 Exhibit A (filed under seal), #2 Exhibit B (filed under seal), #3 Exhibit C (filed under seal), #4 Exhibit D (filed under seal), #5 Exhibit E (filed under seal), #6 Exhibit F (filed under seal), #7 Exhibit G (filed under seal))(Monroe, William)
September 6, 2019 Filing 595 Sealed Memorandum in Support re #590 Second MOTION to Compel Production and In Camera Review of Glenmark's Documents. (Monroe, William)
September 6, 2019 Filing 594 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 #593 MOTION to Seal Portions of the Memorandum of Law ISO Plaintiffs' Second Motion to Compel Production and for In Camera Review of Glenmark's Documents and Exhibits to the Declaration of Sharon K. Robertson (Monroe, William)
September 6, 2019 Filing 593 MOTION to Seal Portions of the Memorandum of Law ISO Plaintiffs' Second Motion to Compel Production and for In Camera Review of Glenmark's Documents and Exhibits to the 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. (Monroe, William)
September 6, 2019 Filing 592 Declaration re #590 Second MOTION to Compel Production and In Camera Review of Glenmark's Documents 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 (filed under seal), #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 (redacted), #7 Exhibit G (redacted))(Monroe, William)
September 6, 2019 Filing 591 Memorandum in Support re #590 Second MOTION to Compel Production and In Camera Review of Glenmark's Documents 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)
September 6, 2019 Filing 590 Second MOTION to Compel Production and In Camera Review of Glenmark's Documents 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 6, 2019 Filing 589 ANSWER to Complaint (Merck Defendants' Answer to End-Payor Purchaser Plaintiffs' Consolidated Class Action Complaint and Demand for Jury Trial) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp..(Noona, Stephen)
September 6, 2019 Filing 588 ANSWER to Complaint of END-PAYOR PLAINTIFFS by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd..(Ottinger, Richard)
September 3, 2019 Filing 587 Declaration re #586 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 3, 2019 Filing 586 RESPONSE in Support re #560 MOTION to Seal a Portion of Plaintiffs' Reply in Support of Motion to Compel Merck to Produce Pre-Execution Forecasting Documents and Add Three Custodians and to Seal Exhibit X to Demuth Supplemental Declaration 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 3, 2019 Filing 585 Declaration re #584 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 3, 2019 Filing 584 RESPONSE in Support re #547 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Motion to Compel Production and for in camera Review of Merck's Documents and to Seal Exhibits to the Supplemental Declaration of Sharon K. Robertson 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 3, 2019 Filing 583 Motion to appear Pro Hac Vice by Kathleen Ellen Boychuck and Certification of Local Counsel James A. Cales III Filing fee $ 75, receipt number 0422-6817647. by Painters District Council No. 30 Health and Welfare Fund, on behalf of itself and all others similarly situated. (Cales, James)
September 3, 2019 Filing 582 Motion to appear Pro Hac Vice by Timothy Patrick Best and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-6817217. by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 3, 2019 Opinion or Order Filing 581 ORDER granting #505 Joint MOTION for Extension of Time to File Response/Reply as to #315 Amended Complaint,, Direct Purchaser Plaintiffs and Par Pharmaceutical, Inc's Joint Motion. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/3/2019. (clou)
September 2, 2019 Filing 580 RESPONSE in Support re #553 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Motion to Compel Production of the Greenberg Traurig Opinion Letter and to Seal Exhibits to the Supplemental Declaration of Bradley J. Demuth, Esq. filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
September 2, 2019 Filing 579 RESPONSE in Support re #566 MOTION to Seal Plaintiffs' Reply in Support of Motion to Compel Production and For in camera Review of Glenmark's Document filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
August 30, 2019 Filing 578 Motion to appear Pro Hac Vice by Caeli Anne Higney and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-6815049. by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 30, 2019 Filing 577 Motion to appear Pro Hac Vice by Ashley Elizabeth Johnson and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-6814997. by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 30, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #437 MOTION to Compel Production and for In Camera Review of Merck's Withheld Documents, #422 MOTION to Compel Defendants' Immediate Production of Negotiator Cell Phone Number and Carrier Information and Related Records, #429 MOTION to Compel Production and for In Camera Review of Glenmark's Documents (clou)
August 30, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #440 MOTION to Seal Exhibits to the Declaration of Sharon K. Robertson and to Seal Portions of the Memorandum in Support of the Motion to Compel (clou )
August 30, 2019 Opinion or Order Filing 576 ORDER granting #574 Consent MOTION for Leave to File Serve Supplemental Privilege Log No. 5. Copies distributed to all counsel. See order for details. Signed by Magistrate Judge Douglas E. Miller on 8/30/2019. (clou)
August 29, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #574 Consent MOTION for Leave to File Serve Supplemental Privilege Log No. 5 (clou )
August 29, 2019 Filing 575 Memorandum in Support re #574 Consent MOTION for Leave to File Serve Supplemental Privilege Log No. 5 filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 29, 2019 Filing 574 Consent MOTION for Leave to File Serve Supplemental Privilege Log No. 5 by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
August 29, 2019 Opinion or Order Filing 573 ORDER granting #528 Motion for Pro hac vice for Jacob Olawale Onile-Ere 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 8/28/19. (bpet, )
August 29, 2019 Opinion or Order Filing 572 ORDER granting #522 Motion for Pro hac vice for Lance Victor Oliver 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 8/28/19. (bpet, )
August 29, 2019 Opinion or Order Filing 571 ORDER granting #519 Motion for Pro hac vice for Francis A. DeSimone as to Glenmark Generics Inc., USA; Glenmark Pharmaceuticals, Ltd. Signed by District Judge Rebecca Beach Smith on 8/28/19. (bpet, )
August 29, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #531 MOTION to Seal (Motion to Seal Portions of Merck's Opposition to the Direct Purchaser Plaintiffs' Motion to Compel Production and for In Camera Review of Mercks Withheld Documents and Certain Exhibits in Support), #524 MOTION to Seal Portions of Glenmark Defendants' Brief in Opposition to Plaintiffs' Motion to Compel Production and for In Camera Review (clou)
August 29, 2019 Opinion or Order Filing 570 Order Referring Case to Magistrate Judge Douglas E. Miller for Report and Recommendations. See order for specific details. Copies distributed as directed. Signed by District Judge Rebecca Beach Smith on 8/29/2019. (clou )
August 27, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #400 MOTION to Compel Glenmark to Produce the 2015 Greenberg Traurig, LLP Opinion Letter, #509 MOTION to Seal Portions of the Glenmark Defendants' Brief in Opposition to Plaintiffs' Motion to Compel, #408 MOTION to Compel Merck to Search for and Produce Responsive Non-Privileged Pre- Execution Forecasting Documents and Add Three Custodians (clou )
August 27, 2019 Set/Reset Hearings as to the following motions - #353 , #355 , #371 (if not addressed prior to hearing date), #400 , #408 , #422 , #429 , #437 , #498 and #500 : Motion Hearing set for 9/23/2019 at 09:30 AM in Norfolk Mag Courtroom 1 before Magistrate Judge Douglas E. Miller. (jjon)
August 26, 2019 Filing 569 Memorandum in Support re #566 MOTION to Seal Plaintiffs' Reply in Support of Motion to Compel Production and For in camera Review of Glenmark's Document 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 26, 2019 Filing 568 Sealed Document re #566 MOTION to Seal Plaintiffs' Reply in Support of Motion to Compel Production and For in camera Review of Glenmark's Document. (Monroe, William)
August 26, 2019 Filing 567 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 #566 MOTION to Seal Plaintiffs' Reply in Support of Motion to Compel Production and For in camera Review of Glenmark's Document (Monroe, William)
August 26, 2019 Filing 566 MOTION to Seal Plaintiffs' Reply in Support of Motion to Compel Production and For in camera Review of Glenmark's Document 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 26, 2019 Filing 565 REPLY to Response to Motion re #429 MOTION to Compel Production and for In Camera Review of Glenmark's Documents 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 26, 2019 Filing 564 Memorandum in Support re #560 MOTION to Seal a Portion of Plaintiffs' Reply in Support of Motion to Compel Merck to Produce Pre-Execution Forecasting Documents and Add Three Custodians and to Seal Exhibit X to Demuth Supplemental Declaration 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 26, 2019 Filing 563 Sealed Document re #560 MOTION to Seal a Portion of Plaintiffs' Reply in Support of Motion to Compel Merck to Produce Pre-Execution Forecasting Documents and Add Three Custodians and to Seal Exhibit X to Demuth Supplemental Declaration. (Attachments: #1 Exhibit X. Filed Under Seal)(Monroe, William)
August 26, 2019 Filing 562 REPLY to Response to Motion re #498 MOTION to Dismiss for Failure to State a Claim Retailer Plaintiffs' Amended Complaints filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Paul, Dustin)
August 26, 2019 Filing 561 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 #560 MOTION to Seal a Portion of Plaintiffs' Reply in Support of Motion to Compel Merck to Produce Pre-Execution Forecasting Documents and Add Three Custodians and to Seal Exhibit X to Demuth Supplemental Declaration (Monroe, William)
August 26, 2019 Filing 560 MOTION to Seal a Portion of Plaintiffs' Reply in Support of Motion to Compel Merck to Produce Pre-Execution Forecasting Documents and Add Three Custodians and to Seal Exhibit X to Demuth Supplemental Declaration by 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, FWK Holdings, LLC, Rochester Drug Cooperative, Inc.. (Monroe, William) Modified text on 8/27/2019 (clou)
August 26, 2019 Filing 559 Declaration re #558 Reply to Response to Motion, Supplemental Declaration of Bradley J. Demuth, Esq. in Support of Plaintiffs' Motion to Compel Merck to Search for and Produce Responsive, Non-Privileged Pre-Execution Forecasting Documents and Add Three Custodians 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 X. Filed Under Seal, #2 Exhibit Y. Emails 06/19/2019)(Monroe, William)
August 26, 2019 Filing 558 REPLY to Response to Motion re #408 MOTION to Compel Merck to Search for and Produce Responsive Non-Privileged Pre-Execution Forecasting Documents and Add Three Custodians 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 26, 2019 Filing 557 REPLY to Response to Motion re #500 MOTION to Dismiss for Failure to State a Claim (Defendants' Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., And MSP Singapore Co. LLC Motion To Dismiss New Claims And Allegations In Retailers' Amended (Reply Brief In Support Of Motion By Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., and MSP Singapore Co. LLC To Dismiss New Claims and Allegations In Retailers' Amended Complaints and To Strike Immaterial Reference To Permanent Injunctive Relief) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 26, 2019 Filing 556 Memorandum in Support re #553 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Motion to Compel Production of the Greenberg Traurig Opinion Letter and to Seal Exhibits to the Supplemental Declaration of Bradley J. Demuth, Esq. 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 26, 2019 Filing 555 Sealed Document re #553 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Motion to Compel Production of the Greenberg Traurig Opinion Letter and to Seal Exhibits to the Supplemental Declaration of Bradley J. Demuth, Esq.. (Attachments: #1 Exhibit 27. Filed Under Seal, #2 Exhibit 28. Filed Under Seal)(Monroe, William)
August 26, 2019 Filing 554 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 #553 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Motion to Compel Production of the Greenberg Traurig Opinion Letter and to Seal Exhibits to the Supplemental Declaration of Bradley J. Demuth, Esq. (Monroe, William)
August 26, 2019 Filing 553 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Motion to Compel Production of the Greenberg Traurig Opinion Letter and to Seal Exhibits to the Supplemental Declaration of Bradley J. Demuth, Esq. 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 26, 2019 Filing 552 Declaration re #551 Reply to Response to Motion, Supplemental Declaration of Bradley J. Demuth, Esq. in Support of Plaintiffs' Motion to Compel Production of the 2015 Greenberg Traurig, LLP Opinion Letter Glenmark Commissioned Expressly to Assure Potential Investors Regarding Its No-AG Settlement 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 27. Filed Under Seal, #2 Exhibit 28. Filed Under Seal)(Monroe, William)
August 26, 2019 Filing 551 REPLY to Response to Motion re #400 MOTION to Compel Glenmark to Produce the 2015 Greenberg Traurig, LLP Opinion Letter Commissioned Expressly to Assure Potential Investors Regarding its No-AG Settlement 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 26, 2019 Filing 550 Memorandum in Support re #547 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Motion to Compel Production and for in camera Review of Merck's Documents and to Seal Exhibits to the Supplemental Declaration of Sharon K. Robertson 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 26, 2019 Filing 549 Sealed Document re #547 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Motion to Compel Production and for in camera Review of Merck's Documents and to Seal Exhibits to the Supplemental Declaration of Sharon K. Robertson. (Attachments: #1 Exhibit 1. Filed Under Seal, #2 Exhibit 2. Filed Under Seal, #3 Exhibit 3. Filed Under Seal, #4 Exhibit 4. Filed Under Seal)(Monroe, William)
August 26, 2019 Filing 548 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 #547 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Motion to Compel Production and for in camera Review of Merck's Documents and to Seal Exhibits to the Supplemental Declaration of Sharon K. Robertson (Monroe, William)
August 26, 2019 Filing 547 MOTION to Seal Portions of the Reply in Support of Plaintiffs' Motion to Compel Production and for in camera Review of Merck's Documents and to Seal Exhibits to the Supplemental 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. (Monroe, William)
August 26, 2019 Filing 546 Declaration re #545 Reply to Response to Motion, Supplemental Declaration of Sharon K. Robertson to Reply in Support of Motion to Compel Production and for in camera Review of Merck's Documents 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. Filed Under Seal, #2 Exhibit 2. Filed Under Seal, #3 Exhibit 3. Filed Under Seal, #4 Exhibit 4. Filed Under Seal)(Monroe, William)
August 26, 2019 Filing 545 REPLY to Response to Motion re #437 MOTION to Compel Production and for In Camera Review of Merck's Withheld Documents 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 26, 2019 Filing 544 REPLY to Response to Motion re #422 MOTION to Compel Defendants' Immediate Production of Negotiator Cell Phone Number and Carrier Information and Related Records 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 Proposed Order Revised)(Monroe, William)
August 23, 2019 Opinion or Order Filing 543 Agreed ORDER granting #542 Consent MOTION for Extension of Time to File Answer. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 8/23/2019. (clou)
August 22, 2019 Filing 542 Consent MOTION for Extension of Time to File Answer re #130 Amended Complaint,,,, (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)
August 21, 2019 Filing 541 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 #394 Memorandum in Opposition,, Notice of Supplemental Authority (Attachments: #1 Exhibit 1. In re Generic Pharmaceuticals Pricing Antitrust Litigation Opinion dated 08/15/2019)(Monroe, William)
August 20, 2019 Opinion or Order Filing 540 ORDER granting #504 Motion for Pro hac vice for David Alan Forkner as to Par Pharmaceutical, Inc. Signed by District Judge Rebecca Beach Smith on 08/20/19. (tlev, )
August 20, 2019 Filing 539 Sealed Attachment/Exhibit(s) re #531 MOTION to Seal (Motion to Seal Portions of Merck's Opposition to the Direct Purchaser Plaintiffs' Motion to Compel Production and for In Camera Review of Mercks Withheld Documents and Certain Exhibits in Support), #537 Declaration,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Noona, Stephen)
August 20, 2019 Filing 538 Sealed Response/Reply/Opposition re #535 Opposition, #531 MOTION to Seal (Motion to Seal Portions of Merck's Opposition to the Direct Purchaser Plaintiffs' Motion to Compel Production and for In Camera Review of Mercks Withheld Documents and Certain Exhibits in Support). (Noona, Stephen)
August 20, 2019 Filing 537 Declaration re #535 Opposition, (of Deborah L. Stein ) 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), #3 Exhibit C (Public Version), #4 Exhibit D (Public Version), #5 Exhibit E (Public Version), #6 Exhibit F)(Noona, Stephen)
August 20, 2019 Filing 536 Declaration re #535 Opposition, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 20, 2019 Filing 535 Opposition to #437 MOTION to Compel Production and for In Camera Review of Merck's Withheld Documents (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 20, 2019 Filing 534 Declaration re #532 Memorandum in Support, (of Deborah L. Stein ) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 20, 2019 Filing 533 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 #531 MOTION to Seal (Motion to Seal Portions of Merck's Opposition to the Direct Purchaser Plaintiffs' Motion to Compel Production and for In Camera Review of Mercks Withheld Documents and Certain Exhibits in Support) (Noona, Stephen)
August 20, 2019 Filing 532 Memorandum in Support re #531 MOTION to Seal (Motion to Seal Portions of Merck's Opposition to the Direct Purchaser Plaintiffs' Motion to Compel Production and for In Camera Review of Mercks Withheld Documents and Certain Exhibits in Support) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 20, 2019 Filing 531 MOTION to Seal (Motion to Seal Portions of Merck's Opposition to the Direct Purchaser Plaintiffs' Motion to Compel Production and for In Camera Review of Mercks Withheld Documents and Certain Exhibits 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)
August 20, 2019 Filing 530 Declaration re #529 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)(Noona, Stephen)
August 20, 2019 Filing 529 Opposition to #422 MOTION to Compel Defendants' Immediate Production of Negotiator Cell Phone Number and Carrier Information and Related Records filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 20, 2019 Filing 528 Motion to appear Pro Hac Vice by Jacob Olawale Onile-Ere and Certification of Local Counsel James A. Cales III Filing fee $ 75, receipt number 0422-6798581. by City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated. (Cales, James)
August 20, 2019 Filing 527 Memorandum in Support re #524 MOTION to Seal Portions of Glenmark Defendants' Brief in Opposition to Plaintiffs' Motion to Compel Production and for In Camera Review filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 20, 2019 Filing 526 Sealed Response/Reply/Opposition re #429 MOTION to Compel Production and for In Camera Review of Glenmark's Documents. (Attachments: #1 Proposed Order)(Ottinger, Richard)
August 20, 2019 Filing 525 Notice of Filing Sealing Motion LCvR5(C) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #524 MOTION to Seal Portions of Glenmark Defendants' Brief in Opposition to Plaintiffs' Motion to Compel Production and for In Camera Review (Ottinger, Richard)
August 20, 2019 Filing 524 MOTION to Seal Portions of Glenmark Defendants' Brief in Opposition to Plaintiffs' Motion to Compel Production and for In Camera Review by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
August 20, 2019 Filing 523 Memorandum in Opposition re #429 MOTION to Compel Production and for In Camera Review of Glenmark's Documents (Redacted) filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
August 20, 2019 Filing 522 Amended Motion to appear Pro Hac Vice by Lance Victor Oliver and Certification of Local Counsel James A. Cales III by City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated. (Cales, James)
August 20, 2019 Filing 521 Opposition to #500 MOTION to Dismiss for Failure to State a Claim (Defendants' Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., And MSP Singapore Co. LLC Motion To Dismiss New Claims And Allegations In Retailers' Amended, #498 MOTION to Dismiss for Failure to State a Claim Retailer Plaintiffs' Amended Complaints 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 20, 2019 Filing 520 Withdrawal of 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 re #422 MOTION to Compel Defendants' Immediate Production of Negotiator Cell Phone Number and Carrier Information and Related Records - Withdrawal only as to the Glenmark Defendants (Monroe, William)
August 20, 2019 Filing 519 Amended Motion to appear Pro Hac Vice by Francis A. DeSimone and Certification of Local Counsel Richard H. Ottinger by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 20, 2019 Notice of Correction re #513 Motion to appear Pro Hac Vice by Lance Victor Oliver and Certification of Local Counsel James A. Cales III Filing fee $ 75, receipt number 0422-6796567. The motion does not match the docket entry regarding parties represented. Please make sure that all of the parties represented are listed on both the motion and the docket entry. Counsel should not pay a second fee. (tlev, )
August 20, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #505 Joint MOTION for Extension of Time to File Response/Reply as to #315 Amended Complaint,, Direct Purchaser Plaintiffs and Par Pharmaceutical, Inc's Joint Motion (clou )
August 19, 2019 Filing 518 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #516 Declaration (Notice Of Filing Of Additional Exhibit To Declaration Of Christopher D. Dusseault Filed In Support Of Opposition To Plaintiffs Motion To Compel Merck To Search For And Produce Responsive Nonprivileged Pre-Execution Forecasting Documents And Add Three Custodians) (Attachments: #1 Exhibit A)(Noona, Stephen)
August 19, 2019 Filing 517 Declaration re #515 Opposition, (of Tara S. Lawler) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 19, 2019 Filing 516 Declaration re #515 Opposition, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 19, 2019 Filing 515 Opposition to #408 MOTION to Compel Merck to Search for and Produce Responsive Non-Privileged Pre-Execution Forecasting Documents and Add Three Custodians filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 19, 2019 Filing 514 NOTICE by All End Payer Plaintiffs of Change of Address of Motley Rice (Cales, James)
August 19, 2019 Filing 513 Motion to appear Pro Hac Vice by Lance Victor Oliver and Certification of Local Counsel James A. Cales III Filing fee $ 75, receipt number 0422-6796567. by All End Payer Plaintiffs. (Cales, James)
August 19, 2019 Filing 512 Memorandum in Support re #509 MOTION to Seal Portions of the Glenmark Defendants' Brief in Opposition to Plaintiffs' Motion to Compel filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 19, 2019 Filing 511 Sealed Response/Reply/Opposition re #400 MOTION to Compel Glenmark to Produce the 2015 Greenberg Traurig, LLP Opinion Letter. (Attachments: #1 Proposed Order)(Ottinger, Richard)
August 19, 2019 Filing 510 Notice of Filing Sealing Motion LCvR5(C) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #507 Memorandum in Opposition, #509 MOTION to Seal Portions of the Glenmark Defendants' Brief in Opposition to Plaintiffs' Motion to Compel (Ottinger, Richard)
August 19, 2019 Filing 509 MOTION to Seal Portions of the Glenmark Defendants' Brief in Opposition to Plaintiffs' Motion to Compel by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
August 19, 2019 Filing 508 EXHIBIT #507 Proposed Order re Glenmark Defendants' Brief in Opposition to Plaintiffs' Motion to Compel by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. (Ottinger, Richard)
August 19, 2019 Filing 507 Memorandum in Opposition re #400 MOTION to Compel Glenmark to Produce the 2015 Greenberg Traurig, LLP Opinion Letter (Redacted) filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 19, 2019 Filing 506 Memorandum in Support re #505 Joint MOTION for Extension of Time to File Response/Reply as to #315 Amended Complaint,, Direct Purchaser Plaintiffs and Par Pharmaceutical, Inc's Joint Motion 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 19, 2019 Filing 505 Joint MOTION for Extension of Time to File Response/Reply as to #315 Amended Complaint,, Direct Purchaser Plaintiffs and Par Pharmaceutical, Inc's Joint 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. (Attachments: #1 Proposed Order)(Monroe, William)
August 19, 2019 Notice of Correction re #502 Motion to appear Pro Hac Vice by Francis A. DeSimone and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number 0422-6792324. The motion does not match the docket entry regarding parties represented. The motion also reflects that the applicant is requesting exemption from the filing fee, however, the filing fee has been paid. Counsel should re-file the motion with the corrected information. Counsel should not pay a second filing fee. (tlev, )
August 19, 2019 Filing 504 Motion to appear Pro Hac Vice by David Forkner and Certification of Local Counsel John McNichols by Par Pharmaceutical, Inc.. (McNichols, John)
August 16, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #503 MOTION to Withdraw as Attorney D. Sean Nation (clou )
August 16, 2019 Filing 503 MOTION to Withdraw as Attorney D. Sean Nation by FWK Holdings, LLC. (Attachments: #1 Proposed Order 1.)(Monroe, William)
August 16, 2019 Filing 502 Motion to appear Pro Hac Vice by Francis A. DeSimone and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number 0422-6792324. by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 16, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #403 MOTION to Seal Portions of Memorandum In Support of Motion to Compel Glenmark to Produce Greenberg Traurig Opinion Letter and to Seal Exhibits to Demuth Declaration, #411 MOTION to Seal Portions of Plaintiffs' Memorandum of Law in Support of Motion to Compel Merck to Produce Pre-Execution Forecasting Documents and Add Three Custodians and to Seal Exhibit V to the Demuth Declaration, #432 MOTION to Seal Exhibits to the Declaration of Sharon K. Robertson and to Seal Portions of the Memorandum in Support of Motion to Compel, #425 MOTION to Seal Exhibits to the Declaration of Bradley J. Demuth in Support of Plaintiffs' Motion to Compel and to Seal Portions of the Memorandum in Support of Motion to Compel (clou )
August 15, 2019 Filing 501 Memorandum in Support re #500 MOTION to Dismiss for Failure to State a Claim (Defendants' Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., And MSP Singapore Co. LLC Motion To Dismiss New Claims And Allegations In Retailers' Amended filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 15, 2019 Filing 500 MOTION to Dismiss for Failure to State a Claim (Defendants' Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., And MSP Singapore Co. LLC Motion To Dismiss New Claims And Allegations In Retailers' Amended Complaints And To Strike Immaterial Reference To Permanent Injunctive Relief) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 15, 2019 Filing 499 Memorandum in Support re #498 MOTION to Dismiss for Failure to State a Claim Retailer Plaintiffs' Amended Complaints filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 15, 2019 Filing 498 MOTION to Dismiss for Failure to State a Claim Retailer Plaintiffs' Amended Complaints by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
August 14, 2019 Opinion or Order Filing 497 Agreed ORDER granting #263 MOTION to Compel Apotex USA, Inc. and Apotex Corp. to Produce Documents. Copies distributed to all counsel. See order for details. Signed by Magistrate Judge Douglas E. Miller on 8/14/2019. (clou)
August 13, 2019 Filing 496 Letter to Magistrate Judge Miller enclosing a [Proposed] Agreed Order submitted by Direct Purchaser Plaintiffs and non-party Apotex.. (Attachments: #1 Proposed Order A. Agreed Order)(Monroe, William)
August 12, 2019 Filing 495 NOTICE by FWK Holdings, LLC Notice of Withdrawal of Appearance of D. Sean Nation (Monroe, William)
August 12, 2019 Opinion or Order Filing 494 ORDER granting #364 MOTION to Seal Direct Purchasor Plaintiffs' Reply and Three Exhibits in Support of Their Motion to Compel Apotex to Produce Documents. Copies distributed to all counsel. See order for details. Signed by Magistrate Judge Douglas E. Miller on 8/12/2019. (clou )
August 12, 2019 Opinion or Order Filing 493 ORDER granting #349 Motion to Seal Seven Exhibits to the Supplemental Declaration of Bradley J. Demuth; granting #357 Motion to Seal Reply in Further Support of Direct Purchaser Plaintiffs' Motion to Compel Wilson Sonsini to Produce Subpoenaed Documents. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 8/12/2019. (clou)
August 12, 2019 Filing 492 TRANSCRIPT of proceedings held on 8-8-2019, (11:45 hearing) 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 9/11/2019. Redacted Transcript Deadline set for 10/14/2019. Release of Transcript Restriction set for 11/12/2019.(stewart, jody)
August 12, 2019 Filing 491 TRANSCRIPT of proceedings held on 8-8-2019, (10:00 hearing) 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 9/11/2019. Redacted Transcript Deadline set for 10/14/2019. Release of Transcript Restriction set for 11/12/2019.(stewart, jody) (Main Document 491 replaced on 8/13/2019) (afar, ).
August 9, 2019 Opinion or Order Filing 490 ORDER granting #484 Motion for Pro hac vice for Benjamin Mordecai Greenblum as to Par Pharmaceutical, Inc. Signed by District Judge Rebecca Beach Smith on 08/8/19. (tlev, )
August 9, 2019 Filing 489 OPINION : ADOPTING REPORT AND RECOMMENDATIONS #234 - OVERRRULES the Retailer Plaintiffs' Objections, ECF No. #235 , and the Glenmark Defendants' Objections, ECF No. #236 . The court OVERRULES the Merck Defendants' Objections. ECF No. #237 . The court MODIFIES the reasoning in the R&R. The court ADOPTS AND APPROVES IN FULL the recommended disposition of each claim as set forth in the Magistrate Judge's thorough and well-reasoned R&R, ECF No. #234 . Defendants' Motions to Dismiss, ECF Nos. #157 , #160 & #162 , are GRANTED IN PART AND DENIED IN PART as set forth in the R&R and Exhibits A and B attached thereto. See Opinion for specific details. THIS DOCUMENT RELATES TO:ALL CASES. Copies distributed as directed. Signed by District Judge Rebecca Beach Smith on 8/9/2019. (clou)
August 9, 2019 Opinion or Order Filing 488 ORDER granting #286 Motion to Compel. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 8/9/2019. (clou)
August 8, 2019 Filing 487 Minute Entry for telephone conference re #286 MOTION to Compel Wilson Sonsini Goodrich & Rosati to Produce Subpoenaed Documents held 8/8/19 before Magistrate Judge Douglas E. Miller. Appearances by: Bradley Demuth and Bill Monroe on behalf of Direct Purchasers; Eric Stock and Steve Noona on behalf of Merck; Jenny Eaton and Zak Johns on behalf of Glenmark; Justin Epner and Adam Barrowbridge on behalf of Wilson Sonsini; Adam Carroll, Anna Neill and Monica Kiley on behalf of the Retailers; Jim Cales on behalf of All End Payer Plaintiffs. Questions and comments by the Court. Argument by Mr. Epner and Mr. Demuth heard. The Court will prepare a brief Order directing Wilson, Sonsini to run search terms and produce materials as directed on the record within 30 days of today's hearing. Court in recess. (Court Reporter Jody Stewart.)(lwoo)
August 8, 2019 Filing 486 Minute Entry for telephone conference re re #263 MOTION to Compel Apotex USA, Inc. and Apotex Corp. to Produce Documents held 8/8/19 before Magistrate Judge Douglas E. Miller. Appearances by: Terry Zeigler and Bill Monroe on behalf of Direct Purchasers; Eric Stock and Steve Noona on behalf of Merck; Richard Ottinger and Jessica Tatitcchi on behalf of Glenmark; Brian Sodikoff and David Ventker on behalf of Apotex; Adam Carroll, Anna Neill and Monica Kiley on behalf of the Retailers; Jim Cales on behalf of All End Payer Plaintiffs. Questions by the Court. Argument by Mr. Zeigler and Mr. Sodikoff heard. Comments by the Court. The Court is prepared to let the parties resolve the matter and gives the parties until August 13, 2019 to work out a resolution for the Court to include in an Order. If the parties are unable to come to an agreement, the Court will prepare an Order as outlined on the record. The parties are to notify the Court if they are not able to resolve the matter. Court in recess. (Court Reporter Jody Stewart, OCR.)(lwoo)
August 8, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #448 MOTION to Seal (Motion to Seal Portions of Merck's Reply Brief In Support of Motion to Dismiss New Claims and Allegations in Direct Purchaser Plaintiffs' Amended Consolidated Class Action Complaint), #396 MOTION to Seal Twenty Exhibits To The Declaration In Support Of Direct Purchaser Class Plaintiffs Opposition To Mercks Motion To Dismiss And Portions Of Direct Purchaser Class Plaintiffs Brief In Opposition (clou, )
August 8, 2019 Opinion or Order Filing 485 Order Referring Case to Magistrate Judge Douglas E. Miller for Report and Recommendations. Copies distributed to all counsel. Signed by District Judge Rebecca Beach Smith on 8/8/2019. (clou)
August 7, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #415 MOTION to Seal (Motion To Seal Portions Of Response To Direct Purchaser Plaintiffs' Motion For Class Certification For Purposes Of Settlement With Par Pharmaceutical, Inc., and Preliminary Approval Of Proposed Settlement) (clou )
August 7, 2019 Filing 484 Motion to appear Pro Hac Vice by Benjamin Greenblum and Certification of Local Counsel John McNichols by Par Pharmaceutical, Inc.. (McNichols, John)
August 7, 2019 Notice of Correction re #478 Motion to appear Pro Hac Vice by Benjamin Greenblum and Certification of Local Counsel John McNichols. The case number listed on the motion is incorrect. The bar number for the applicant is also incorrect. Local counsel should refile the motion with the corrected information. Counsel should not pay a second fee. (tlev, )
August 6, 2019 Filing 483 Declaration re #482 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)