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 and ST. PAUL ELECTRICAL WORKERS' HEALTH PLAN, individually and on behalf of all those similarly situated
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 May 12, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
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)
August 6, 2019 Filing 482 RESPONSE in Support re #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 filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 6, 2019 Filing 481 Declaration re #480 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 6, 2019 Filing 480 RESPONSE in Support re #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 filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 6, 2019 Filing 479 RESPONSE in Support re #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 (Merck Defendants Response In Support and Joinder In Glenmarks Response (ECF No. 476) In Support Of Direct Purchaser Class Plaintiffs Motion To File Under Seal Exhibits To Declaration Of Sharon K. Robertson, Esq. In Support Of Plaintiffs Motion To Compel Production And For In Camera Review Of Glenmark's Documents, Portions Of The Declaration And Portions Of Memorandum Of Law In Support Of Plaintiffs' Motion) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 6, 2019 Filing 478 Motion to appear Pro Hac Vice by Benjamin Greenblum and Certification of Local Counsel John McNichols [Corrected] by Par Pharmaceutical, Inc.. (McNichols, John)
August 6, 2019 Filing 477 RESPONSE in Support re #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 filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 6, 2019 Filing 476 RESPONSE in Support re #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 filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 6, 2019 Notice of Correction re #468 Motion to appear Pro Hac Vice by Benjamin M. Greenblum and #471 Motion to appear Pro Hac Vice by David Alan Forkner and Certification of Local Counsel John McNichols. The motions do not contain the signatures of the applicants. Local counsel should file corrected motions that include the written signatures of the applicants. Counsel should not pay the fees a second time. (tlev, )
August 5, 2019 Filing 475 Declaration re #474 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 5, 2019 Filing 474 RESPONSE in Support re #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 filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 5, 2019 Filing 473 Declaration re #472 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 5, 2019 Filing 472 RESPONSE in Support re #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 filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 5, 2019 Filing 471 Motion to appear Pro Hac Vice by David Alan Forkner and Certification of Local Counsel John McNichols Filing fee $ 75, receipt number 0422-6773704. by Par Pharmaceutical, Inc.. (McNichols, John)
August 5, 2019 Filing 470 RESPONSE in Support re #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 filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 5, 2019 Filing 469 NOTICE by Par Pharmaceutical, Inc. Nomination of Replacement Lead Counsel (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(McNichols, John)
August 5, 2019 Filing 468 Motion to appear Pro Hac Vice by Benjamin M. Greenblum and Certification of Local Counsel John M. McNichols Filing fee $ 75, receipt number 0422-6773271. by Par Pharmaceutical, Inc.. (McNichols, John)
August 5, 2019 Filing 467 NOTICE of Appearance by John Marcus McNichols on behalf of Par Pharmaceutical, Inc. (McNichols, John)
August 5, 2019 Filing 466 REPLY to Response to Motion 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 Administrat 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 2, 2019 Opinion or Order Filing 465 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 8/2/2019. (clou )
August 2, 2019 Filing 464 NOTICE of Voluntary Dismissal as to Par Pharmaceuticals, Inc. 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 2, 2019 Filing 463 WAIVER OF SERVICE Returned Executed by The Kroger Co., HEB Grocery Company L.P., Rite Aid Corporation, Albertsons Companies, Inc., Walgreen Co., Rite Aid Hdqtrs. Corp.. Par Pharmaceutical, Inc. waiver sent on 8/1/2019, answer due 9/30/2019. (Attachments: #1 executed by Par Pharmaceuticals, Inc.)(Carroll, Adam)
August 2, 2019 Filing 462 TRANSCRIPT of proceedings (Teleconference) held on 07-30-2019, before Judge Douglas E. Miller, Court Reporter/Transcriber Carol Naughton, Telephone number,757-222-7073. 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 9/3/2019. Redacted Transcript Deadline set for 10/2/2019. Release of Transcript Restriction set for 10/31/2019.(naughton, carol)
August 2, 2019 Filing 461 WAIVER OF SERVICE Returned Executed by The Kroger Co., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Albertsons Companies, Inc., Walgreen Co., Rite Aid Hdqtrs. Corp.. (Carroll, Adam)
August 2, 2019 Filing 460 Response to #447 Order on Motion for Leave to File, #263 MOTION to Compel Apotex USA, Inc. and Apotex Corp. to Produce Documents, #339 Memorandum in Opposition, filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 1, 2019 Filing 459 Declaration re #458 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 1, 2019 Filing 458 RESPONSE in Support re #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 filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 1, 2019 Filing 457 AMENDED COMPLAINT Redacted against Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Par Pharmaceutical, Inc., Schering Corp., Schering-Plough Corp., filed by The Kroger Co., HEB Grocery Company L.P., Albertsons Companies, Inc., Walgreen Co..(Carroll, Adam)
August 1, 2019 Filing 456 AMENDED COMPLAINT Redacted against Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Par Pharmaceutical, Inc., Schering Corp., Schering-Plough Corp., filed by Rite Aid Corporation, Rite Aid Hdqtrs. Corp..(Carroll, Adam)
August 1, 2019 Filing 455 AMENDED COMPLAINT Redacted against Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Par Pharmaceutical, Inc., Schering Corp., Schering-Plough Corp., filed by CVS Pharmacy, Inc..(Carroll, Adam)
August 1, 2019 Filing 454 RESPONSE in Support re #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 filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
July 31, 2019 Filing 453 Sealed Response/Reply/Opposition re #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), #452 Reply to Response to Motion,. (Noona, Stephen)
July 31, 2019 Filing 452 REPLY to Response to Motion re #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 (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 31, 2019 Filing 451 Declaration re #449 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)
July 31, 2019 Filing 450 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 #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) (Noona, Stephen)
July 31, 2019 Filing 449 Memorandum in Support re #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) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 31, 2019 Filing 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) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
July 31, 2019 Opinion or Order Filing 447 ORDER re #368 Motion for Leave to File. ENTERED AS MODIFIED BY THE COURT. See order for specific details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 7/31/2019. (clou )
July 31, 2019 Opinion or Order Filing 446 ORDER granting #322 MOTION to Amend/Correct Retailer Plaintiffs' Complaints. See order for specific details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 7/31/2019. (clou )
July 31, 2019 Opinion or Order Filing 445 ORDER granting in part and denying in part #323 Motion to Seal. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 7/31/2019. (clou )
July 31, 2019 Filing 444 NOTICE by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co. re #382 Objection,, Withdrawal of Retailer Plaintiffs' Objection to DPP's Proposed Class Notice (Carroll, Adam)
July 30, 2019 Filing 443 Memorandum in Support re #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 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 30, 2019 Filing 442 Sealed Document re #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. (Attachments: #1 Exhibit A., #2 Exhibit B., #3 Exhibit C., #4 Exhibit D., #5 Exhibit E., #6 Exhibit J., #7 Exhibit L., #8 Exhibit P., #9 Exhibit Q.)(Monroe, William)
July 30, 2019 Filing 441 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 #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 (Monroe, William)
July 30, 2019 Filing 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 by CESAR CASTILLO, INC., individually 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 30, 2019 Filing 439 Declaration re #437 MOTION to Compel Production and for In Camera Review of Merck's Withheld Documents Declaration of Sharon K. Robertson 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. (Attachments: #1 Exhibit A. Redacted, #2 Exhibit B. Redacted, #3 Exhibit C. Redacted, #4 Exhibit D. Redacted, #5 Exhibit E. Filed Under Seal, #6 Exhibit F., #7 Exhibit G., #8 Exhibit H., #9 Exhibit I., #10 Exhibit J. Filed Under Seal, #11 Exhibit K., #12 Exhibit L. Filed Under Seal, #13 Exhibit M., #14 Exhibit N., #15 Exhibit O., #16 Exhibit P. Filed Under Seal, #17 Exhibit Q. Filed Under Seal)(Monroe, William)
July 30, 2019 Filing 438 Memorandum in Support 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)
July 30, 2019 Filing 437 MOTION to Compel Production and for In Camera Review of Merck's Withheld 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)
July 30, 2019 Filing 436 Memorandum in Support re #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 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 30, 2019 Filing 435 Sealed Document re #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. (Attachments: #1 Exhibit A., #2 Exhibit B., #3 Exhibit C., #4 Exhibit D., #5 Exhibit E., #6 Exhibit F., #7 Exhibit J., #8 Exhibit O., #9 Exhibit P.)(Monroe, William)
July 30, 2019 Filing 434 Sealed Document re #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. (Monroe, William)
July 30, 2019 Filing 433 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 #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 (Monroe, William)
July 30, 2019 Filing 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 by CESAR CASTILLO, INC., individually 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) (Main Document 432 replaced on 7/31/2019 to include missing signature pages) (clou ).
July 30, 2019 Filing 431 Declaration re #429 MOTION to Compel Production and for In Camera Review of Glenmark's Documents Declaration of Sharon K. Robertson 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. (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., #8 Exhibit H., #9 Exhibit I., #10 Exhibit J. Filed Under Seal, #11 Exhibit K., #12 Exhibit L., #13 Exhibit M., #14 Exhibit N., #15 Exhibit O. Filed Under Seal, #16 Exhibit P. Filed Under Seal)(Monroe, William)
July 30, 2019 Filing 430 Memorandum in Support re #429 MOTION to Compel Production and for 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)
July 30, 2019 Filing 429 MOTION to Compel Production and for 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)
July 30, 2019 Filing 428 Memorandum in Support re #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 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 30, 2019 Filing 427 Sealed Document re #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. (Attachments: #1 Exhibit 1. Confidential, #2 Exhibit 2. Confidential, #3 Exhibit 3. Confidential, #4 Exhibit 4. Confidential, #5 Exhibit 5. Confidential, #6 Exhibit 6. Confidential, #7 Exhibit 7. Confidential, #8 Exhibit 8. Confidential, #9 Exhibit 9. Confidential, #10 Exhibit 10. Confidential, #11 Exhibit 11. Confidential, #12 Exhibit 12. Confidential, #13 Exhibit 13. Confidential, #14 Exhibit 14. Confidential, #15 Exhibit 15. Confidential, #16 Exhibit 16. Confidential, #17 Exhibit 17. Confidential, #18 Exhibit 18. Confidential, #19 Exhibit 19. Confidential, #20 Exhibit 20. Confidential, #21 Exhibit 21. Confidential, #22 Exhibit 22. Confidential, #23 Exhibit 23. Confidential)(Monroe, William)
July 30, 2019 Filing 426 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 #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 (Monroe, William)
July 30, 2019 Filing 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 by CESAR CASTILLO, INC., individually 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 30, 2019 Filing 424 Declaration re #422 MOTION to Compel Defendants' Immediate Production of Negotiator Cell Phone Number and Carrier Information and Related Records Declaration of Bradley J. Demuth, Esq. 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. (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. 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. First Set of RFP's, #25 Exhibit 25. Second RFP's, #26 Exhibit 26. Merck's Objections and Responses, #27 Exhibit 27. Glenmark's Obj and Responses, #28 Exhibit 28. Email Thread, #29 Exhibit 29. 07/29 Email)(Monroe, William)
July 30, 2019 Filing 423 Memorandum in Support re #422 MOTION to Compel Defendants' Immediate Production of Negotiator Cell Phone Number and Carrier Information and Related Records (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 30, 2019 Filing 422 MOTION to Compel Defendants' Immediate Production of Negotiator Cell Phone Number and Carrier Information and Related Records by CESAR CASTILLO, INC., individually 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 30, 2019 Filing 421 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 #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 Administrat NOTICE OF FILING REVISED PROPOSED NOTICE TO THE CLASS OF THE PROPOSED SETTLEMENT WITH PAR PHARMACEUTICAL, INC. (Attachments: #1 Exhibit A. Revised Settlement Notice)(Monroe, William)
July 30, 2019 Filing 420 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller: Telephone Conference held on 7/30/2019. The matter came before the Court for a telephone conference on Retailer Plaintiffs' Motion to File Under Seal (ECF No. 323). Stephen Noona and Samuel Liversidge 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, Kristen Johnson and Marc Greco present for Direct Purchaser Plaintiffs. James Cales present for Indirect Purchaser Plaintiffs. Richard Ottinger, Zachary Johns and Jennifer Eaton present for Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc, USA. Argument by Mr. Noona, Mr. Perwin, Mr. Ottinger and Ms. Johnson heard. Comments and questions by the Court.The Court made rulings on the record and will issue an order on Retailer Plaintiffs' Motion to File Under Seal (ECF No. 323). Telephone conference adjourned. (Court Reporter Carol Naughton.) (jjon)
July 30, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #368 MOTION for Leave to File Response to Third Party Request to Modify Protective Order (clou )
July 30, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #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 (clou )
July 29, 2019 Filing 419 Sealed Response/Reply/Opposition re #418 Response to Motion,, #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). (Noona, Stephen)
July 29, 2019 Filing 418 RESPONSE to Motion 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 Administrat (Response To Direct Purchaser Plaintiffs' Motion For Class Certification For Purposes Of Settlement With Par Pharmaceutical, Inc., and Preliminary Approval Of Proposed Settlement)(Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 29, 2019 Filing 417 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 #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) (Noona, Stephen)
July 29, 2019 Filing 416 Memorandum in Support re #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) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 29, 2019 Filing 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) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
July 29, 2019 Filing 414 Memorandum in Support re #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 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 29, 2019 Filing 413 Sealed Document re #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. (Attachments: #1 Exhibit V. Confidential)(Monroe, William)
July 29, 2019 Filing 412 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 #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 (Monroe, William)
July 29, 2019 Filing 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 by CESAR CASTILLO, INC., individually 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 29, 2019 Filing 410 Declaration re #408 MOTION to Compel Merck to Search for and Produce Responsive Non-Privileged Pre-Execution Forecasting Documents and Add Three Custodians 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. (Attachments: #1 Exhibit A 2018-9-7 Letter from B. Demuth to C. Dusseault, #2 Exhibit B. 2018-11-5 Email from B. Demuth to C. Dusseault, #3 Exhibit C. 2018-11-13 B. Demuth to C. Dusseault, #4 Exhibit D. 2018-9-17 Email from B. Demuth to C. Dusseault, #5 Exhibit E. 2018-10-11 Email from B. Demuth to M. Lee, #6 Exhibit F. 2018-10-25 Email from B. Demuth to C. Dusseault, #7 Exhibit G. 2018-11-5 Email from C. Dusseault to B. Demuth, #8 Exhibit H. 2018-11-19 Merck Responses and Objections, #9 Exhibit I. 2018-11-21 Letter from C. Dusseault to B. Demuth, #10 Exhibit J. 2018-12-6 Email from C. Dusseault to K. Johnson, #11 Exhibit K. 2019.5.6 B. Demuth to C. Dusseault, #12 Exhibit L. 2019-06-04 Letter from C. Dusseault to B. Demuth, #13 Exhibit M. 2019-6-5 Letter from B. Demuth to C. Dusseault, #14 Exhibit N. 2019-6-19 Letter from B. Demuth to C. Dusseault, #15 Exhibit O. 2019-6-28 Letter from B. Demuth to C. Dusseault, #16 Exhibit P. 2019-07-05 Letter from C. Dusseault to B. Demuth, #17 Exhibit Q. 2019-7-11 Letter from B. Demuth to C. Dusseault, #18 Exhibit R. McCrorey LinkedIn, #19 Exhibit S. Majka LinkedIn, #20 Exhibit T. Magri Profile, #21 Exhibit U Biopharmaceutical Industry Speakers List, #22 Exhibit V. Filed Under Seal)(Monroe, William)
July 29, 2019 Filing 409 Memorandum in Support re #408 MOTION to Compel Merck to Search for and Produce Responsive Non-Privileged Pre-Execution Forecasting Documents and Add Three Custodians (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 29, 2019 Filing 408 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 Proposed Order)(Monroe, William)
July 29, 2019 Filing 407 RESPONSE in Opposition 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 Administrat filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
July 29, 2019 Filing 406 Memorandum in Support re #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 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 29, 2019 Filing 405 Sealed Document re #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. (Attachments: #1 Exhibit 2., #2 Exhibit 3., #3 Exhibit 4., #4 Exhibit 5., #5 Exhibit 6., #6 Exhibit 7., #7 Exhibit 8., #8 Exhibit 9., #9 Exhibit 10., #10 Exhibit 11., #11 Exhibit 12., #12 Exhibit 16., #13 Exhibit 17., #14 Exhibit 18., #15 Exhibit 19., #16 Exhibit 20., #17 Exhibit 21., #18 Exhibit 23., #19 Exhibit 25., #20 Exhibit 26.)(Monroe, William)
July 29, 2019 Filing 404 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 #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 (Monroe, William)
July 29, 2019 Filing 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 by CESAR CASTILLO, INC., individually 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 29, 2019 Filing 402 Declaration re #400 MOTION to Compel Glenmark to Produce the 2015 Greenberg Traurig, LLP Opinion Letter by CESAR CASTILLO, INC., individually 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. Hearing Transcript, #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. 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. Glenmark Interr Responses and Objections, #14 Exhibit 14. Glenmark's 1st Supp Responses, #15 Exhibit 15. Demuth -Weider Email, #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. GT06_03_19ZE1_079-81, #23 Exhibit 23. Filed Under Seal, #24 Exhibit 24. B. Fee Ltr B. Demuth, #25 Exhibit 25. Filed Under Seal, #26 Exhibit 26. Filed Under Seal)(Monroe, William)
July 29, 2019 Filing 401 Memorandum in Support re #400 MOTION to Compel Glenmark to Produce the 2015 Greenberg Traurig, LLP Opinion Letter (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 29, 2019 Filing 400 MOTION to Compel Glenmark to Produce the 2015 Greenberg Traurig, LLP Opinion Letter by CESAR CASTILLO, INC., individually 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 26, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #364 MOTION to Seal Direct Purchasor Plaintiffs' Reply and Three Exhibits in Support of Their Motion to Compel Apotex to Produce Documents (clou )
July 26, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #357 MOTION to Seal Reply in Further Support of Direct Purchaser Plaintiffs' Motion to Compel Wilson Sonsini to Produce Subpoenaed Documents (clou )
July 26, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #349 MOTION to Seal Seven Exhibits to the Supplemental Declaration of Bradley J. Demuth (clou )
July 25, 2019 Filing 399 Memorandum in Support re #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 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 25, 2019 Filing 398 Sealed Document re #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. (Attachments: #1 Appendix a. Table of Authorities, #2 Exhibit 1., #3 Exhibit 2., #4 Exhibit 3., #5 Exhibit 4., #6 Exhibit 5., #7 Exhibit 6., #8 Exhibit 7., #9 Exhibit 8., #10 Exhibit 9., #11 Exhibit 10., #12 Exhibit 11., #13 Exhibit 12., #14 Exhibit 13., #15 Exhibit 14., #16 Exhibit 15., #17 Exhibit 16., #18 Exhibit 17., #19 Exhibit 18., #20 Exhibit 19., #21 Exhibit 20.)(Monroe, William)
July 25, 2019 Filing 397 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 #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 (Monroe, William)
July 25, 2019 Filing 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 by CESAR CASTILLO, INC., individually 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 25, 2019 Filing 395 Declaration re #394 Memorandum in Opposition,, Declaration of Peter Kohn in Support of memorandum in Opposition by CESAR CASTILLO, INC., individually 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. (Under Seal), #2 Exhibit 2. (Under Seal), #3 Exhibit 3. (Under Seal), #4 Exhibit 4. (Under Seal), #5 Exhibit 5. (Under Seal), #6 Exhibit 6. (Under Seal), #7 Exhibit 7. (Under Seal), #8 Exhibit 8. (Under Seal), #9 Exhibit 9. (Under Seal), #10 Exhibit 10. (Under Seal), #11 Exhibit 11. (Under Seal), #12 Exhibit 12. (Under Seal), #13 Exhibit 13. (Under Seal), #14 Exhibit 14. (Under Seal), #15 Exhibit 15. (Under Seal), #16 Exhibit 16. (Under Seal), #17 Exhibit 17. (Under Seal), #18 Exhibit 18. (Under Seal), #19 Exhibit 19. (Under Seal), #20 Exhibit 20. (Under Seal))(Monroe, William)
July 25, 2019 Filing 394 Memorandum in Opposition re #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 [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. (Attachments: #1 Appendix A. Table of Authorities)(Monroe, William)
July 24, 2019 Filing 393 NOTICE by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #389 Response in Support of Motion,, Notice of Glenmark's Joinder to Merck's Response in Support of Motion to Seal (Ottinger, Richard)
July 24, 2019 Opinion or Order Filing 392 ORDER granting #391 Motion for Pro hac vice for Ethan Janus Barlieb as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 07/24/19. (tlev, )
July 24, 2019 Set Deadlines as to #323 MOTION to Seal . Telephone Conference / Hearing set for 7/30/2019 at 03:00 PM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (cdod, )
July 23, 2019 Filing 391 Motion to appear Pro Hac Vice by Ethan Janus Barlieb and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-6753645. by FWK Holdings, LLC. (Monroe, William)
July 22, 2019 Filing 390 Declaration re #389 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)
July 22, 2019 Filing 389 RESPONSE in Support re #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 (Merck's Response In Support Of Direct Purchaser Class Plaintiffs' Motion To File Under Seal Exhibit 5 Of The Declaration Of Thomas M. Sobol In Support Of Direct Purchaser Class Plaintiffs' Motion For Preliminary Approval Of Proposed Settlement) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Proposed Order)(Noona, Stephen)
July 22, 2019 Opinion or Order Filing 387 ORDER granting #383 MOTION to Withdraw Appearance of Maureen S. Lawrence. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 7/22/2019. (clou)
July 19, 2019 Opinion or Order Filing 388 ORDER granting #385 Motion for Pro hac vice for Matthew Eric Van Tine 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 07/19/19. (tlev, )
July 18, 2019 Filing 386 RESPONSE in Support re #349 MOTION to Seal Seven Exhibits to the Supplemental Declaration of Bradley J. Demuth, #357 MOTION to Seal Reply in Further Support of Direct Purchaser Plaintiffs' Motion to Compel Wilson Sonsini to Produce Subpoenaed Documents filed by WILSON SONSINI GOODRICH & ROSATI, P.C.. (Attachments: #1 Proposed Order)(Burrowbridge, Adam)
July 18, 2019 Filing 385 Motion to appear Pro Hac Vice by Matthew Van Tine and Certification of Local Counsel James A. Cales III Filing fee $ 75, receipt number 0422-6746384. by Painters District Council No. 30 Health and Welfare Fund, on behalf of itself and all others similarly situated. (Cales, James)
July 18, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #383 MOTION to Withdraw Appearance of Maureen S. Lawrence (clou )
July 18, 2019 Filing 384 Memorandum in Support re #383 MOTION to Withdraw Appearance of Maureen S. Lawrence filed by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.. (Carroll, Adam)
July 18, 2019 Filing 383 MOTION to Withdraw Appearance of Maureen S. Lawrence by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.. (Attachments: #1 Exhibit Proposed Order)(Carroll, Adam)
July 18, 2019 Filing 382 Objection to #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 Administrat, #373 Memorandum in Support,, 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.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Carroll, Adam)
July 18, 2019 Filing 381 NOTICE by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp. Withdrawal of Appearance of Maureen S. Lawrence (Carroll, Adam)
July 17, 2019 MOTIONS REFERRED to Magistrate Judge: Magistrate Judge Douglas E. Miller. #322 MOTION to Amend/Correct Retailer Plaintiffs' Complaints (clou )
July 17, 2019 Filing 380 Memorandum in Support re #361 Memorandum in Opposition, #370 Response in Opposition to Motion, Reply In Support #322 . (Carroll, Adam)
July 16, 2019 Opinion or Order Filing 379 Memorandum ORDER denying #276 Motion to Compel the Claw Back Documents. See memorandum order for specific details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 7/16/2019. (clou)
July 15, 2019 Filing 378 Memorandum in Support re #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 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, 2019 Filing 377 Sealed Attachment/Exhibit(s) re #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. (Attachments: #1 Exhibit 5. Declaration of Lynette Hilton, Ph.D.)(Monroe, William)
July 15, 2019 Filing 376 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 #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 (Monroe, William)
July 15, 2019 Filing 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 by CESAR CASTILLO, INC., individually 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 15, 2019 Filing 374 Declaration 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 Administrat Declaration of Thomas M. Sobol in Support of Direct Purchase Plaintiffs' 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 Exhibit 1. Settlement Agreement, #2 Exhibit 2. First Modification to Settlement Agreement, #3 Proposed Order 3. Proposed Order, #4 Exhibit 4. Proposed Notice, #5 Exhibit 5. SEALED, #6 Exhibit 6. RG2 Disbursement Declaration, #7 Exhibit 7. HBSS Resume)(Monroe, William)
July 15, 2019 Filing 373 Memorandum in Support 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 Administrat 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 A. Table of Contents, #2 Appendix B. Table of Authorities)(Monroe, William) (Attachment 2 (Appendix B) replaced on 7/16/2019) (clou).
July 15, 2019 Filing 372 Memorandum in Support 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 Administrat 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) Modified on 7/16/2019 to remove duplicative document re-filed at ECF #373 . (clou ).
July 15, 2019 Filing 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 by CESAR CASTILLO, INC., individually 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, 2019 Filing 370 RESPONSE in Opposition re #322 MOTION to Amend/Correct Retailer Plaintiffs' Complaints (Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., and MSP Singapore Co. LLC's Limited Statement of Opposition to Retailer Plaintiffs' Motion to Amend) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 15, 2019 Filing 369 Memorandum in Support re #368 MOTION for Leave to File Response to Third Party Request to Modify Protective Order filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 15, 2019 Filing 368 MOTION for Leave to File Response to Third Party Request to Modify Protective Order by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Noona, Stephen)
July 15, 2019 Filing 367 Memorandum in Support re #364 MOTION to Seal Direct Purchasor Plaintiffs' Reply and Three Exhibits in Support of Their Motion to Compel Apotex to Produce 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)
July 15, 2019 Filing 366 Sealed Document re #364 MOTION to Seal Direct Purchasor Plaintiffs' Reply and Three Exhibits in Support of Their Motion to Compel Apotex to Produce Documents. (Attachments: #1 Exhibit 2. Ziegler Email to Sodikoff, #2 Exhibit 3. Ltr to Sodikoff, #3 Exhibit 4. Ltr to Sodikoff)(Monroe, William)
July 15, 2019 Filing 365 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 #364 MOTION to Seal Direct Purchasor Plaintiffs' Reply and Three Exhibits in Support of Their Motion to Compel Apotex to Produce Documents (Monroe, William)
July 15, 2019 Filing 364 MOTION to Seal Direct Purchasor Plaintiffs' Reply and Three Exhibits in Support of Their Motion to Compel Apotex to Produce 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. (Monroe, William)
July 15, 2019 Filing 363 Declaration re #362 Reply to Response to Motion, Declaration of Terence Ziegler in Support of Plaintiffs' Reply in Support of Motion to Compel Apotex to Produce 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. Barlieb Email to Sodikoff, #2 Exhibit 2. Redacted, #3 Exhibit 3. Redacted, #4 Exhibit 4. Redacted, #5 Exhibit 5. Ziegler Email, #6 Exhibit 6. Barlieb Email to Sodikoff)(Monroe, William)
July 15, 2019 Filing 362 REPLY to Response to Motion re #263 MOTION to Compel Apotex USA, Inc. and Apotex Corp. to Produce 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)
July 15, 2019 Filing 361 Memorandum in Opposition re #322 MOTION to Amend/Correct Retailer Plaintiffs' Complaints filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
July 15, 2019 Filing 360 Withdrawal of Motion by All End Payer Plaintiffs re #260 Joint MOTION to Compel Zydus Pharmaceuticals USA (Cales, James)
July 12, 2019 RESET: Telephonic Motion Hearing #263 MOTION to Compel and #286 MOTION to Compel set for 8/8/2019 at 10:00 AM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (lwoo)
July 12, 2019 Motion Hearing re #263 MOTION to Compel and #286 MOTION to Compel set for 8/8/2019 at 10:00 AM in Norfolk Mag Courtroom 1 w/OCR before Magistrate Judge Douglas E. Miller. (lwoo)
July 12, 2019 Filing 359 Memorandum in Support re #357 MOTION to Seal Reply in Further Support of Direct Purchaser Plaintiffs' Motion to Compel Wilson Sonsini to Produce Subpoenaed 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)
July 12, 2019 Filing 358 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 #357 MOTION to Seal Reply in Further Support of Direct Purchaser Plaintiffs' Motion to Compel Wilson Sonsini to Produce Subpoenaed Documents (Monroe, William)
July 12, 2019 Filing 357 MOTION to Seal Reply in Further Support of Direct Purchaser Plaintiffs' Motion to Compel Wilson Sonsini to Produce Subpoenaed 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. (Monroe, William)
July 12, 2019 Filing 356 REPLY to Response to Motion re #286 MOTION to Compel Wilson Sonsini Goodrich & Rosati to Produce Subpoenaed Documents REDACTED filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, CVS Pharmacy, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
July 11, 2019 Filing 355 NOTICE by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #354 Memorandum in Support, #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 (Ottinger, Richard)
July 11, 2019 Filing 354 Memorandum in Support re #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 MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 11, 2019 Filing 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 Plaintiffs' Amended Consolidated Class Action Complaint) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Proposed Order)(Noona, Stephen)
July 11, 2019 Filing 352 Memorandum in Support re #349 MOTION to Seal Seven Exhibits to the Supplemental Declaration of Bradley J. Demuth 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 11, 2019 Filing 351 Sealed Attachment/Exhibit(s) re #349 MOTION to Seal Seven Exhibits to the Supplemental Declaration of Bradley J. Demuth. (Attachments: #1 Exhibit 3. WSGR-ZET003258, #2 Exhibit 4. WSGR-ZET000001, #3 Exhibit 5. WSGR-ZET003335, #4 Exhibit 6. WSGR-ZET003654, #5 Exhibit 7. WSGR-ZET003651, #6 Exhibit 8. WSGR-ZET003648, #7 Exhibit 9. WSGR-ZET001859)(Monroe, William)
July 11, 2019 Filing 350 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 #349 MOTION to Seal Seven Exhibits to the Supplemental Declaration of Bradley J. Demuth (Monroe, William)
July 11, 2019 Filing 349 MOTION to Seal Seven Exhibits to the Supplemental Declaration of Bradley J. Demuth by CESAR CASTILLO, INC., individually 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 11, 2019 Filing 348 Declaration re #347 Reply to Response to Motion, of Bradley J. Demuth by CESAR CASTILLO, INC., individually 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 3. (Under Seal), #2 Exhibit 4. (Under Seal), #3 Exhibit 5. (Under Seal), #4 Exhibit 6. (Under Seal), #5 Exhibit 7. (Under Seal), #6 Exhibit 8. (Under Seal), #7 Exhibit 9. (Under Seal), #8 Exhibit 10. Email Thread)(Monroe, William)
July 11, 2019 Filing 347 REPLY to Response to Motion re #286 MOTION to Compel Wilson Sonsini Goodrich & Rosati to Produce Subpoenaed Documents Reply in Further Support 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. (Attachments: #1 Proposed Order Revised)(Monroe, William)
July 10, 2019 Opinion or Order Filing 346 ORDER granting #306 Motion to Seal [See Order for specific details]. Signed by Magistrate Judge Douglas E. Miller on 7/10/19. (afar)
July 10, 2019 Opinion or Order Filing 345 ORDER granting #293 Motion to Seal [See Order for Specific Details]. Signed by Magistrate Judge Douglas E. Miller on 7/10/19. (afar)
July 9, 2019 Opinion or Order Filing 344 ORDER granting #341 Motion for Pro hac vice for Guylaine Hache as to Apotex USA, Inc. and Apotex Corp. Signed by District Judge Rebecca Beach Smith on 07/9/19. (tlev, )
July 9, 2019 Opinion or Order Filing 343 ORDER granting #340 Motion for Pro hac vice for Brian Sodikoff as to Apotex USA, Inc. and Apotex Corp. Signed by District Judge Rebecca Beach Smith on 07/9/19. (tlev, )
July 9, 2019 MOTIONS REFERRED to Magistrate Judge: Miller. #323 MOTION to Seal (afar)
July 8, 2019 Filing 342 RESPONSE in Support re #323 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)
July 8, 2019 Filing 341 Motion to appear Pro Hac Vice by Guylaine Hache and Certification of Local Counsel David N. Ventker Filing fee $ 75, receipt number 0422-6727502. by Apotex USA, Inc. and Apotex Corp.. (Ventker, David)
July 8, 2019 Filing 340 Motion to appear Pro Hac Vice by Brian Sodikoff and Certification of Local Counsel David N. Ventker Filing fee $ 75, receipt number 0422-6727498. by Apotex USA, Inc. and Apotex Corp.. (Ventker, David)
July 8, 2019 Filing 339 Memorandum in Opposition re #263 MOTION to Compel Apotex USA, Inc. and Apotex Corp. to Produce Documents filed by Apotex USA, Inc. and Apotex Corp.. (Attachments: #1 Exhibit A - Proposed Amendment to Protective Order, #2 Exhibit B - Amended Protective Order on Confidentiality, #3 Exhibit C - Declaration of Paul Bonasera, #4 Exhibit D - Apotex's May 21, 2019 Email, #5 Exhibit E - Discovery Confidentiality Order)(Ventker, David)
July 8, 2019 Filing 338 WAIVER OF SERVICE Returned Executed by FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated. Par Pharmaceutical, Inc. waiver sent on 7/8/2019, answer due 9/6/2019. (Monroe, William)
July 8, 2019 Opinion or Order Filing 337 ORDER granting #336 Motion to Withdraw as Attorney. Attorney Michael Minshen Lee is removed as counsel for Merck and from the electronic notification system for the case. Signed by Magistrate Judge Douglas E. Miller on 7/8/19. (afar)
July 5, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #336 Consent MOTION to Withdraw as Attorney (for Michael M. Lee) and Memorandum in Support (clou )
July 4, 2019 Filing 336 Consent MOTION to Withdraw as Attorney (for Michael M. Lee) 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)
July 3, 2019 Opinion or Order Filing 335 ORDER granting #328 Motion for Pro hac vice for Jennifer Kirsten Bracht 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 07/03/2019. (tlev, )
July 3, 2019 Opinion or Order Filing 334 ORDER granting #329 Motion for Pro hac vice for Marissa Blair Moshell 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 07/3/2019. (tlev, )
July 3, 2019 Opinion or Order Filing 333 ORDER granting #332 MOTION for Extension of Time to File Response/Reply as to 263 MOTION to Compel Apotex USA, Inc. and Apotex Corp. to Produce Documents. See order for specific details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 7/3/2019. Entered as modified by the court. (clou )
July 2, 2019 Filing 332 MOTION for Extension of Time to File Response/Reply as to #263 MOTION to Compel Apotex USA, Inc. and Apotex Corp. to Produce Documents by Apotex USA, Inc. and Apotex Corp.. (Attachments: #1 Exhibit A: Proposed Order)(Ventker, David)
July 2, 2019 Opinion or Order Filing 331 ORDER granting #325 Motion for Pro hac vice for Justin Murry Epner as to WILSON SONSINI GOODRICH & ROSATI, P.C. Signed by District Judge Rebecca Beach Smith on 07/2/19. (tlev, )
July 2, 2019 Filing 330 Sealed Attachment/Exhibit(s) re #323 MOTION to Seal , #322 MOTION to Amend/Correct by Retailer Plaintiffs' Complaints. (Attachments: #1 Amended Complaint #1, #2 Amended Complaint #2, #3 Amended Complaint #3)(Carroll, Adam) Modified text on 7/2/2019 (clou).
July 2, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #306 MOTION to Seal Portions of Plaintiffs' Reply in Support of Their Motion for An Order Compelling Production of Merck's Clawed-Back Documents and Supporting Exhibit, #293 MOTION to Seal (Motion To Seal Portions Of Opposition To Plaintiffs Motion For An Order Compelling Production Of Mercks Clawed-Back Documents And Supporting Exhibit) (clou )
July 2, 2019 Filing 329 Motion to appear Pro Hac Vice by Marissa Blair Moshell and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-6719735. by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 2, 2019 Filing 328 Motion to appear Pro Hac Vice by Jennifer Kristen Bracht and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-6719718. by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 1, 2019 Filing 327 AFFIDAVIT in Opposition re #286 MOTION to Compel Wilson Sonsini Goodrich & Rosati to Produce Subpoenaed Documents filed by WILSON SONSINI GOODRICH & ROSATI, P.C.. (Attachments: #1 Exhibit A)(Burrowbridge, Adam)
July 1, 2019 Filing 326 Memorandum in Opposition re #286 MOTION to Compel Wilson Sonsini Goodrich & Rosati to Produce Subpoenaed Documents filed by WILSON SONSINI GOODRICH & ROSATI, P.C.. (Burrowbridge, Adam)
July 1, 2019 Filing 325 Motion to appear Pro Hac Vice by Justin Epner and Certification of Local Counsel Adam Burrowbridge Filing fee $ 75, receipt number 0422-6719073. by WILSON SONSINI GOODRICH & ROSATI, P.C.. (Burrowbridge, Adam)
July 1, 2019 Filing 324 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 #257 MOTION to Compel Zydus Pharmaceuticals USA to Produce Documents (Monroe, William)
July 1, 2019 Filing 323 MOTION to Seal by In Re: Zetia (Ezetimibe) Antitrust Litigation. (Carroll, Adam)
July 1, 2019 Filing 322 MOTION to Amend/Correct Retailer Plaintiffs' Complaints by In Re: Zetia (Ezetimibe) Antitrust Litigation. (Carroll, Adam)
July 1, 2019 Opinion or Order Filing 321 ORDER - It is ORDERED that the third unopposed motion to extend time for Apotex USA, Inc. and Apotex Corp. to respond to Direct Purchaser Plaintiff's Motion to Compel is GRANTED. The response of Apotex to Direct Purchaser Plaintiffs' Motion to Compel will be due on or before July 2, 2019. Signed by Magistrate Judge Douglas E. Miller on 7/1/19. (afar)
July 1, 2019 Opinion or Order Filing 320 ORDER granting #317 Motion for Extension of Time to File Response. Any such reply will be due on or before 7/11/19. Signed by Magistrate Judge Douglas E. Miller on 7/1/19. (afar)
June 28, 2019 Opinion or Order Filing 319 Jointly Proposed Pretrial Order No. 6 - re #292 Memorandum Plaintiffs' and Defendants' Joint Submission Regarding Modification to the Case Schedule to #281 Order. See order for specific details. Copies distributed to all counsel of record. Signed by District Judge Rebecca Beach Smith on 6/28/2019. (clou)
June 28, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #318 Third MOTION for Extension of Time to File Response/Reply as to #263 MOTION to Compel Apotex USA, Inc. and Apotex Corp. to Produce Documents , #317 MOTION for Extension of Time to File Response/Reply as to #286 MOTION to Compel Wilson Sonsini Goodrich & Rosati to Produce Subpoenaed Documents (Unoppposed) (clou )
June 28, 2019 Filing 318 Third MOTION for Extension of Time to File Response/Reply as to #263 MOTION to Compel Apotex USA, Inc. and Apotex Corp. to Produce Documents by Apotex USA, Inc. and Apotex Corp.. (Attachments: #1 Exhibit A: Proposed Order)(Ventker, David)
June 28, 2019 Filing 317 MOTION for Extension of Time to File Response/Reply as to #286 MOTION to Compel Wilson Sonsini Goodrich & Rosati to Produce Subpoenaed Documents (Unoppposed) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
June 27, 2019 Opinion or Order Filing 316 ORDER granting #305 Motion for Pro hac vice for Deborah Lynn Stein 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 06/27/19. (tlev, )
June 27, 2019 Filing 315 AMENDED COMPLAINT (Redacted Pursuant to Court's Order Dated 05/21/2019) against Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Par Pharmaceutical, Inc., Schering Corp., Schering-Plough Corp., filed by FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated.(Monroe, William)
June 27, 2019 Filing 314 TRANSCRIPT of proceedings held on 6-24-2019, 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 7/29/2019. Redacted Transcript Deadline set for 8/27/2019. Release of Transcript Restriction set for 9/25/2019.(stewart, jody)
June 25, 2019 Opinion or Order Filing 313 ORDER granting #249 MOTION for Leave to File an Amended Consolidated Class Action Complaint. See order for specific details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/25/2019. (clou)
June 24, 2019 Filing 312 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller: Motion Hearing held on 6/24/2019. The matter came before the Court on Direct Purchaser Plaintiffs' Motion for Leave to File an Amended Consolidated Class Action Complaint #249 and Plaintiffs' SEALED Motion for an Order Compelling Production of Merck's Clawed-Back Documents #276 . William Monroe, Thomas Sobol, Sharon Robertson and Marc Greco present for Direct Purchaser Plaintiffs. Stephen Noona, Samuel Liversidge and Christopher Dusseault present for Defendants Merck & Co, Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp. and MSP Singapore Co. LLC. Richard Ottinger, Steven Reed and Richard Brendan Fee present for Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc, USA. The Court directed the parties to call the Court to schedule a telephone conference if resolution on pending discovery motions (ECF Nos. #257 & #263 ) is not reached within 14 days. Argument by Mr. Monroe, Mr. Sobol, Ms. Robertson, Mr. Noona, Mr. Liversidge, Mr. Dusseault, Mr. Ottinger, Mr. Reed and Mr. Fee heard. Comments and questions by the Court. Direct Purchaser Plaintiffs' Motion for Leave to File an Amended Consolidated Class Action Complaint #249 is GRANTED. The Court is to issue an Order regarding both motions. Court in recess. (Court Reporter Jody Stewart.) (jjon)
June 23, 2019 Filing 311 Declaration re #310 Reply to Response to Motion, Plaintiffs' Reply in Support of Their Motion for An Order Compelling Production of Merck's Clawed-Back 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. UNDER SEAL, #2 Exhibit 2. Exforge Discovery Order)(Monroe, William)
June 23, 2019 Filing 310 REPLY to Response to Motion re #276 SEALED MOTION Plaintiffs' Reply in Support of Their Motion for An Order Compelling Production of Merck's Clawed-Back 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)
June 23, 2019 Filing 309 Memorandum in Support re #306 MOTION to Seal Portions of Plaintiffs' Reply in Support of Their Motion for An Order Compelling Production of Merck's Clawed-Back Documents and Supporting Exhibit filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
June 23, 2019 Filing 308 Sealed Document re #306 MOTION to Seal Portions of Plaintiffs' Reply in Support of Their Motion for An Order Compelling Production of Merck's Clawed-Back Documents and Supporting Exhibit. (Attachments: #1 Exhibit Exhibit One to Robertson Declaration)(Monroe, William)
June 23, 2019 Filing 307 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 #306 MOTION to Seal Portions of Plaintiffs' Reply in Support of Their Motion for An Order Compelling Production of Merck's Clawed-Back Documents and Supporting Exhibit (Monroe, William)
June 23, 2019 Filing 306 MOTION to Seal Portions of Plaintiffs' Reply in Support of Their Motion for An Order Compelling Production of Merck's Clawed-Back Documents and Supporting Exhibit by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
June 21, 2019 Filing 305 Motion to appear Pro Hac Vice by Deborah Lynn Stein and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-6704512. by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
June 20, 2019 Opinion or Order Filing 304 ORDER granting #291 Second MOTION for Extension of Time to Complete Discovery by Apotex USA, Inc. and Apotex Corp.. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/20/2019. (clou )
June 20, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #291 Second MOTION for Extension of Time to Complete Discovery (clou )
June 19, 2019 Filing 303 Sealed Attachment/Exhibit(s) re #297 Declaration, #293 MOTION to Seal (Motion To Seal Portions Of Opposition To Plaintiffs Motion For An Order Compelling Production Of Mercks Clawed-Back Documents And Supporting Exhibit). (Attachments: #1 Exhibit 1 (Sealed Version))(Noona, Stephen)
June 19, 2019 Filing 302 Sealed Response/Reply/Opposition re #293 MOTION to Seal (Motion To Seal Portions Of Opposition To Plaintiffs Motion For An Order Compelling Production Of Mercks Clawed-Back Documents And Supporting Exhibit), #296 Memorandum in Opposition,. (Noona, Stephen)
June 19, 2019 Filing 301 Declaration re #296 Memorandum in Opposition, (Leonard Impagliazzo) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
June 19, 2019 Filing 300 Declaration re #296 Memorandum in Opposition, (of Edward Murray) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
June 19, 2019 Filing 299 Declaration re #296 Memorandum in Opposition, (of Breon Burgess) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
June 19, 2019 Filing 298 Declaration re #296 Memorandum in Opposition, (Of Arthur D. Misyan) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
June 19, 2019 Filing 297 Declaration re #296 Memorandum in Opposition, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Public Version))(Noona, Stephen)
June 19, 2019 Filing 296 Memorandum in Opposition re #276 SEALED MOTION Merck's Opposition to Plaintiffs' Motion for an Order Compelling Production of Merck's Clawed-back Documents)(Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
June 19, 2019 Filing 295 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 #293 MOTION to Seal (Motion To Seal Portions Of Opposition To Plaintiffs Motion For An Order Compelling Production Of Mercks Clawed-Back Documents And Supporting Exhibit) (Noona, Stephen)
June 19, 2019 Filing 294 Memorandum in Support re #293 MOTION to Seal (Motion To Seal Portions Of Opposition To Plaintiffs Motion For An Order Compelling Production Of Mercks Clawed-Back Documents And Supporting Exhibit) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
June 19, 2019 Filing 293 MOTION to Seal (Motion To Seal Portions Of Opposition To Plaintiffs Motion For An Order Compelling Production Of Mercks Clawed-Back Documents And Supporting Exhibit) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
June 19, 2019 Filing 292 Memorandum Plaintiffs' and Defendants' Joint Submission Regarding Modificaton to the Case Schedule to #281 Order filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William) (Main Document 292 replaced on 6/20/2019) (clou, ).
June 19, 2019 Filing 291 Second MOTION for Extension of Time to Complete Discovery by Apotex USA, Inc. and Apotex Corp.. (Attachments: #1 Proposed Order Second Unopposed Extension of Time)(Ventker, David)
June 19, 2019 Filing 290 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 #276 SEALED MOTION for an Order Compelling Production of Mercks Clawed-Back Documents (Attachments: #1 Exhibit [Redacted] Memorandum in Support of Motion for an Order Compelling Production of Mercks Clawed-Back Documents, #2 Exhibit Sharon K. Robertson Declaration in Support of Motion for an Order Compelling Production of Mercks Clawed-Back Documents, #3 Exhibit A., #4 Exhibit B. Sealed, #5 Exhibit C., #6 Exhibit D. Sealed, #7 Exhibit E., #8 Exhibit F., #9 Exhibit G. Sealed, #10 Exhibit H. Sealed, #11 Exhibit I., #12 Exhibit J., #13 Exhibit K., #14 Exhibit L.)(Monroe, William)
June 19, 2019 Opinion or Order Filing 289 ORDER re #274 MOTION to Seal Plaintiffs' Motion for an Order Compelling Production of Merck's Clawed-Back Documents, entered as modified by the court. See order for specific details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/19/2019. (clou )
June 17, 2019 Filing 288 Declaration re #286 MOTION to Compel Wilson Sonsini Goodrich & Rosati to Produce Subpoenaed Documents 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. (Attachments: #1 Exhibit 1. Subpoenas, #2 Exhibit 2. J. Epner Email Thread)(Monroe, William)
June 17, 2019 Filing 287 Memorandum in Support re #286 MOTION to Compel Wilson Sonsini Goodrich & Rosati to Produce Subpoenaed 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)
June 17, 2019 Filing 286 MOTION to Compel Wilson Sonsini Goodrich & Rosati to Produce Subpoenaed 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)
June 14, 2019 Filing 285 REPLY to Response to Motion re #274 MOTION to Seal Plaintiffs' Motion for an Order Compelling Production of Merck's Clawed-Back 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)
June 14, 2019 Filing 284 Reply to Motion re #260 Joint MOTION to Compel Zydus Pharmaceuticals USA, #257 MOTION to Compel Zydus Pharmaceuticals USA to Produce Documents filed by Zydus Pharmaceuticals (USA) Inc.. (Schultz, Donald)
June 13, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #274 MOTION to Seal Plaintiffs' Motion for an Order Compelling Production of Merck's Clawed-Back Documents (clou )
June 12, 2019 Filing 283 Declaration re #282 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)
June 12, 2019 Filing 282 RESPONSE in Support re #274 MOTION to Seal Plaintiffs' Motion for an Order Compelling Production of Merck's Clawed-Back Documents filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Noona, Stephen)
June 11, 2019 Opinion or Order Filing 281 ORDER Permitting Supplemental Briefs re #249 MOTION for Leave to File an Amended Consolidated Class Action Complaint. Copies distributed to all counsel. See order for details. Signed by Magistrate Judge Douglas E. Miller on 6/11/2019. (clou )
June 10, 2019 Motion Hearing as to #249 MOTION for Leave to File an Amended Consolidated Class Action Complaint set for 6/24/2019 at 02:00 PM in Norfolk Mag Courtroom 1 w/OCR before Magistrate Judge Douglas E. Miller. (lwoo)
June 6, 2019 Opinion or Order Filing 280 ORDER granting #273 MOTION for Extension of Time to File Response/Reply as to #263 MOTION to Compel Apotex USA, Inc. and Apotex Corp. to Produce Documents. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/6/2019. (clou )
June 5, 2019 Filing 279 Memorandum in Support re #274 MOTION to Seal Plaintiffs' Motion for an Order Compelling Production of Merck's Clawed-Back 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) Modified text on 6/6/2019 (clou).
June 5, 2019 Filing 278 Sealed Document re #274 MOTION to Seal Plaintiffs' Motion for an Order Compelling Production of Merck's Clawed-Back Documents, #276 Sealed Document,. (Attachments: #1 Exhibit A. 05/06/2019 Letter, #2 Exhibit B. 05/09/2019 Letter, #3 Exhibit C. 05/09-24/2019 Emails, #4 Exhibit D. Privilege Log, #5 Exhibit E. 05/28/2019 Email, #6 Exhibit F. 05/30-06/05/2019 Emails, #7 Exhibit G. 05/30/2019 Letter, #8 Exhibit H. Interim Privilege Log, #9 Exhibit I. McRory Linkedin, #10 Exhibit J. Misyan Linkedin, #11 Exhibit K. Xue Linkedin, #12 Exhibit L. Breon Linkedin)(Monroe, William)
June 5, 2019 Filing 277 Sealed Document re #274 MOTION to Seal Plaintiffs' Motion for an Order Compelling Production of Merck's Clawed-Back Documents, #276 Sealed Document,. (Monroe, William)
June 5, 2019 Filing 276 Sealed Document re #274 MOTION to Seal Plaintiffs' Motion for an Order Compelling Production of Merck's Clawed-Back Documents. (Attachments: #1 Proposed Order For in camera review, #2 Proposed Order For Production)(Monroe, William)
June 5, 2019 Filing 275 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 #274 MOTION to Seal Plaintiffs' Motion for an Order Compelling Production of Merck's Clawed-Back Documents (Monroe, William)
June 5, 2019 Filing 274 MOTION to Seal Plaintiffs' Motion for an Order Compelling Production of Merck's Clawed-Back 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)
June 5, 2019 Filing 273 MOTION for Extension of Time to File Response/Reply as to #263 MOTION to Compel Apotex USA, Inc. and Apotex Corp. to Produce Documents by Apotex USA, Inc. and Apotex Corp.. (Attachments: #1 Exhibit A: Proposed Order)(Ventker, David)
May 31, 2019 Opinion or Order Filing 272 ORDER granting #271 Motion for Extension of Time to File Response/Reply. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Robert J. Krask on 5/31/2019. (clou)
May 31, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #271 MOTION for Extension of Time to File Response/Reply as to #260 Joint MOTION to Compel Zydus Pharmaceuticals USA, #257 MOTION to Compel Zydus Pharmaceuticals USA to Produce Documents, #258 Memorandum in Support, Unopposed< (clou)
May 30, 2019 Filing 271 MOTION for Extension of Time to File Response/Reply as to #260 Joint MOTION to Compel Zydus Pharmaceuticals USA, #257 MOTION to Compel Zydus Pharmaceuticals USA to Produce Documents, #258 Memorandum in Support, Unopposed by Zydus Pharmaceuticals (USA) Inc.. (Attachments: #1 Exhibit A)(Schultz, Donald)
May 29, 2019 Filing 270 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 #249 MOTION for Leave to File an Amended Consolidated Class Action Complaint (Monroe, William)
May 28, 2019 Filing 269 REPLY to Response to Motion re #249 MOTION for Leave to File an Amended Consolidated Class Action Complaint - Brief in Further Support - filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit A. Email)(Monroe, William)
May 23, 2019 Filing 268 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 #249 MOTION for Leave to File an Amended Consolidated Class Action Complaint - - Pursuant to Court's Order (ECF262) (Attachments: #1 Exhibit 1. Proposed Amended Complaint, #2 Exhibit 2. Memorandum in Support of Motion for Leave)(Monroe, William)
May 22, 2019 Filing 267 RESPONSE in Opposition re #249 MOTION for Leave to File an Amended Consolidated Class Action Complaint filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
May 22, 2019 Filing 266 Memorandum in Opposition re #249 MOTION for Leave to File an Amended Consolidated Class Action Complaint (Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., and MSP Singapore Co. LLC Limited Statement of Opposition to Direct Purchaser Plaintiffs Motion for Leave to File an Amended Consolidated Class Action Complaint) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
May 22, 2019 Filing 265 Declaration re #264 Memorandum in Support, of Terence S. Ziegler re 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. (Attachments: #1 Exhibit A. Apotex USA Subpoena, #2 Exhibit B. Apotex Subpoena, #3 Exhibit C. 05/14/2019 Email, #4 Exhibit D. 05/15/2019 Email, #5 Exhibit E. In re Celebrex)(Monroe, William)
May 22, 2019 Filing 264 Memorandum in Support re #263 MOTION to Compel Apotex USA, Inc. and Apotex Corp. to Produce 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)
May 22, 2019 Filing 263 MOTION to Compel Apotex USA, Inc. and Apotex Corp. to Produce 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)
May 21, 2019 Opinion or Order Filing 262 ORDER granting in part and denying in part #251 MOTION to Seal Portions of Memorandum in Support of Motion for Leave to File Amended Complaint and Portions of Amended Complaint. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 5/21/2019. (clou)
May 17, 2019 Filing 261 Brief in Support to #260 Joint MOTION to Compel Zydus Pharmaceuticals USA filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit Fanning Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C)(Cales, James)
May 17, 2019 Filing 260 Joint MOTION to Compel Zydus Pharmaceuticals USA by All End Payer Plaintiffs. (Cales, James)
May 16, 2019 Filing 259 Declaration re #257 MOTION to Compel Zydus Pharmaceuticals USA to Produce Documents of A. Luke Smith by CESAR CASTILLO, INC., individually 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. Subpoena, #2 Exhibit B. Zydus' Objections, #3 Exhibit C. 12/17/2018 Letter, #4 Exhibit D. Emails, #5 Exhibit E. Stipulation)(Monroe, William)
May 16, 2019 Filing 258 Memorandum in Support re #257 MOTION to Compel Zydus Pharmaceuticals USA to Produce 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)
May 16, 2019 Filing 257 MOTION to Compel Zydus Pharmaceuticals USA to Produce 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)
May 16, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #251 MOTION to Seal Portions of Memorandum in Support of Motion for Leave to File Amended Complaint and Portions of Amended Complaint (clou)
May 15, 2019 Filing 256 RESPONSE in Support re #251 MOTION to Seal Portions of Memorandum in Support of Motion for Leave to File Amended Complaint and Portions of Amended Complaint filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
May 15, 2019 Filing 255 RESPONSE in Support re #251 MOTION to Seal Portions of Memorandum in Support of Motion for Leave to File Amended Complaint and Portions of Amended Complaint filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order Proposed Order)(Ottinger, Richard)
May 8, 2019 Filing 254 Memorandum in Support re #251 MOTION to Seal Portions of Memorandum in Support of Motion for Leave to File Amended Complaint and Portions of Amended Complaint filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
May 8, 2019 Filing 253 Sealed Document re #251 MOTION to Seal Portions of Memorandum in Support of Motion for Leave to File Amended Complaint and Portions of Amended Complaint. (Attachments: #1 Exhibit A. Amended Complaint, #2 Exhibit B. Redlined Amended Complaint)(Monroe, William)
May 8, 2019 Filing 252 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 #251 MOTION to Seal Portions of Memorandum in Support of Motion for Leave to File Amended Complaint and Portions of Amended Complaint (Monroe, William)
May 8, 2019 Filing 251 MOTION to Seal Portions of Memorandum in Support of Motion for Leave to File Amended Complaint and Portions of Amended Complaint by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
May 8, 2019 Filing 250 Memorandum in Support re #249 MOTION for Leave to File an Amended Consolidated Class Action 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. (Attachments: #1 Exhibit A. Amended Complaint, #2 Exhibit B. Redlined Amended Complaint)(Monroe, William)
May 8, 2019 Filing 249 MOTION for Leave to File an Amended Consolidated Class Action Complaint by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
May 7, 2019 Filing 248 NOTICE of Voluntary Dismissal without prejudice by Self Insured Schools of California on behalf of itself and all others similarly situated (Cales, James)
May 1, 2019 Opinion or Order Filing 247 ORDER Granting Leave to Withdraw Appearance of Counsel re #245 Motion to Withdraw as Attorney. Anna M. Horning Nygren is hereby withdrawn as counsel for IUOE 49. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 5/1/2019. (clou )
April 30, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #245 MOTION to Withdraw as Attorney (clou )
April 30, 2019 Filing 246 Memorandum in Support re #245 MOTION to Withdraw as Attorney filed by International Union of Operating Engineers Local 49 Health and Welfare Fund on behalf of itself and all others similarly situated. (Durrette, Wyatt)
April 30, 2019 Filing 245 MOTION to Withdraw as Attorney by International Union of Operating Engineers Local 49 Health and Welfare Fund on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Durrette, Wyatt)
March 11, 2019 Opinion or Order Filing 244 ORDER granting #242 MOTION to Withdraw as Attorney - Devona Lynn Wells. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 3/11/2019. (clou)
March 8, 2019 Filing 243 Brief in Support to #242 MOTION to Withdraw as Attorney filed by International Union of Operating Engineers Local 49 Health and Welfare Fund on behalf of itself and all others similarly situated. (Durrette, Wyatt)
March 8, 2019 Filing 242 MOTION to Withdraw as Attorney by International Union of Operating Engineers Local 49 Health and Welfare Fund on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Durrette, Wyatt)
March 6, 2019 Filing 241 Request for Hearing by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #236 Objection, (Ottinger, Richard)
March 6, 2019 Filing 240 Response to #235 Objection, (Defendants' Joint Response to Retailer Plaintiffs' Objections to Report and Recommendation Regarding Motions to Dismiss) filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
March 6, 2019 Filing 239 Response to #236 Objection, Response to Glenmark's Objection to the Magistrate Judge's Report and Recommendation Regarding Reverse Payment Allegations 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., #2 Exhibit B., #3 Exhibit C.)(Monroe, William)
March 6, 2019 Filing 238 Opposition to #237 Objection to Report and Recommendations filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Cales, James)
February 20, 2019 Filing 237 OBJECTION to #234 Report and Recommendations by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
February 20, 2019 Filing 236 Objection to #234 REPORT AND RECOMMENDATIONS re #160 Joint MOTION to Dismiss for Failure to State a Claim Joint Motion by Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc., USA, incorrectly identified as Glenmark Generics, Inc. USA and Defendant filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit Exhibit A)(Ottinger, Richard)
February 20, 2019 Filing 235 Objection to #234 REPORT AND RECOMMENDATIONS re #160 Joint MOTION to Dismiss for Failure to State a Claim Joint Motion by Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc., USA, incorrectly identified as Glenmark Generics, Inc. USA and Defendant filed by CVS Pharmacy, Inc., Rite Aid Corporation, Walgreen Co., The Kroger Co., Albertsons Companies, Inc., HEB Grocery Company L.P.. (Carroll, Adam) Modified text on 2/20/2019 (clou ).
February 6, 2019 Filing 234 Magistrate Judge's REPORT AND RECOMMENDATIONS - The court should DENY the Defendants' Motion to Dismiss the DPPs' Consolidated Complaint (ECF No. #157 ). The court should GRANT IN PART and DENY IN PART the Defendants' Motion to Dismiss the Retailers Complaints (ECF No. #160 ). The court GRANT IN PART and DENY IN PART Defendants' Motion to Dismiss the EPPs' claims, (ECF No. #162 ). (See Report and Recommendations for specific details). Signed by Magistrate Judge Douglas E. Miller on 2/6/2019. THIS DOCUMENT RELATES TO: All cases. (clou)
January 24, 2019 Filing 233 TRANSCRIPT of proceedings held on 1-14-2019, 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 2/25/2019. Redacted Transcript Deadline set for 3/26/2019. Release of Transcript Restriction set for 4/24/2019.(stewart, jody)
January 15, 2019 Filing 232 Letter regarding a question posed by Your Honor during the January 14, 2019, oral argument. (Attachments: #1 Exhibit 21 U.S.C. 355)(Ottinger, Richard)
January 15, 2019 Filing 230 NOTICE by FWK Holdings, LLC of Change of Firm Affiliation from Vanek, Vickers & Masini, P.C. to Sperling & Slater, P.C. (Monroe, William)
January 14, 2019 Filing 231 MOTIONS HEARING held before Magistrate Judge Douglas E. Miller: Jody Stewart, OCR. Counsel present (see minutes for list of all counsel present).Motion Hearing held on 1/14/2019 re #160 Joint MOTION to Dismiss for Failure to State a Claim by Glenmark and Merck Defendants, #157 MOTION to Dismiss for Failure to State a Claim by Glenmark and Merck Defendants, and #162 Joint MOTION to Dismiss for Failure to State a Claim by Glenmark and Merck Defendants. Introduction to the court of counsel and parties. Comments of court and counsel heard. Arguments of counsel heard re all pending Motions to Dismiss. Court to prepare Report and Recommendation. Court adjourned. (Court Reporter Jody Stewart, OCR.)(sche, )
January 11, 2019 Opinion or Order Filing 228 ORDER granting #227 Motion for Pro hac vice for Ellen Toporoff Noteware as to Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. Signed by District Judge Rebecca Beach Smith on 1/11/19. (tlev, )
January 10, 2019 Filing 227 Motion to appear Pro Hac Vice by Ellen Noteware and Certification of Local Counsel William H. Monroe, Jr. (Corrected) by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
January 10, 2019 Notice of Correction re #226 Motion to appear Pro Hac Vice by Ellen Noteware and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-6439119. The signature block does not include the printed name or bar number for local counsel. Local counsel should update this information and re-file the motion without paying a second filing fee. (tlev, )
January 9, 2019 Filing 226 Motion to appear Pro Hac Vice by Ellen Noteware and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-6439119. by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
January 9, 2019 Filing 225 NOTICE by FWK Holdings, LLC of Change of Address for Hilliard & Shadowen LLP (Monroe, William)
January 8, 2019 Opinion or Order Filing 224 ORDER granting #222 MOTION to Substitute Attorney of Local Counsel and SUBSTITUTES Richard Ottinger and the law firm Vandeventer Black, LLP as Local Counsel for the Glenmark Defendants in this matter. (See order for details). Copies distributed as directed. Signed by Magistrate Judge Douglas E. Miller on 1/8/2019. (clou )
January 7, 2019 Filing 223 Memorandum in Support re #222 MOTION to Substitute Attorney of Local Counsel filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit A)(Ottinger, Richard)
January 7, 2019 Filing 222 MOTION to Substitute Attorney of Local Counsel by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit A- Richard Ottinger Biography)(Ottinger, Richard)
January 7, 2019 Filing 221 NOTICE of Appearance by Jennifer Lynn Eaton on behalf of Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. (Eaton, Jennifer)
January 7, 2019 Filing 220 NOTICE of Appearance by Dustin Mitchell Paul on behalf of Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. (Paul, Dustin)
January 7, 2019 Filing 219 NOTICE of Appearance by Richard Hooper Ottinger on behalf of Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. (Ottinger, Richard)
December 14, 2018 Filing 217 NOTICE by FWK Holdings, LLC Of the Withdrawal of Appearance of Counsel - Jeffrey R. Moran (Monroe, William)
December 12, 2018 Opinion or Order Filing 216 Order - The court hereby DIRECTS the Clerk to cease the spreading of individual docket entries to the consolidated member cases in this MDL proceeding effective December 15, 2018. (See order for details). Copies distributed to all counsel. Signed by District Judge Rebecca Beach Smith on 12/12/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00039-RBS-DEM, 2:18-cv-00071-RBS-DEM, 2:18-cv-00108-RBS-DEM, 2:18-cv-00116-RBS-DEM, 2:18-cv-00130-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00352-RBS-DEM, 2:18-cv-00403-RBS-DEM, 2:18-cv-00423-RBS-DEM, 2:18-cv-00439-RBS-DEM, 2:18-cv-01000-RBS-DEM, 2:18-cv-01001-RBS-DEM, 2:18-cv-01002-RBS-DEM, 2:18-cv-01003-RBS-DEM, 2:18-cv-01004-RBS-DEM(clou)
December 12, 2018 Opinion or Order Filing 215 ORDER re #214 Motion for Extension of Time to File in case 2:18-md-02836-RBS-DEM. (See order for details). Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 12/12/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00039-RBS-DEM, 2:18-cv-00071-RBS-DEM, 2:18-cv-00108-RBS-DEM, 2:18-cv-00116-RBS-DEM, 2:18-cv-00130-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00352-RBS-DEM, 2:18-cv-00403-RBS-DEM, 2:18-cv-00423-RBS-DEM, 2:18-cv-00439-RBS-DEM, 2:18-cv-01000-RBS-DEM, 2:18-cv-01001-RBS-DEM, 2:18-cv-01002-RBS-DEM, 2:18-cv-01003-RBS-DEM, 2:18-cv-01004-RBS-DEM(clou, )
December 12, 2018 Filing 214 Joint MOTION for Extension (Joint Motion and Memorandum in Support of Joint Motion for Extension of Time) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
December 7, 2018 Opinion or Order Filing 213 ORDER granting #211 Motion for Pro hac vice for Sharon Robertson as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 12/7/18. (tlev, )
December 6, 2018 Opinion or Order Filing 212 Order - The court ADOPTS AND APPROVES IN FULL the findings and recommendations set forth in the Magistrate Judge's thorough and well-reasoned R&R, ECF No. #129 , filed on September 6, 2018. Accordingly, the Defendants' Motions, Case No. 2:18cv23, ECF No. 92; 2:18cv39, ECF No. 69; 2:18cv71, ECF No. 80, are DENIED. (See Order for details). Signed by U.S. District Judge Rebecca Beach Smith on 12/6/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00039-RBS-DEM, 2:18-cv-00071-RBS-DEM(clou )
December 6, 2018 Filing 211 Motion to appear Pro Hac Vice by Sharon Robertson and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-6394621. by FWK Holdings, LLC. (Monroe, William)
December 3, 2018 Opinion or Order Filing 210 ORDER granting #209 Consent MOTION for Extension of Time and Memorandum in Support filed on behalf of All Parties in case 2:18-md-02836-RBS-DEM. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 12/3/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00039-RBS-DEM, 2:18-cv-00071-RBS-DEM, 2:18-cv-00108-RBS-DEM, 2:18-cv-00116-RBS-DEM, 2:18-cv-00130-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00352-RBS-DEM, 2:18-cv-00403-RBS-DEM, 2:18-cv-00423-RBS-DEM, 2:18-cv-00439-RBS-DEM, 2:18-cv-01000-RBS-DEM, 2:18-cv-01001-RBS-DEM, 2:18-cv-01002-RBS-DEM, 2:18-cv-01003-RBS-DEM, 2:18-cv-01004-RBS-DEM(clou )
November 30, 2018 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #209 Consent MOTION for Extension of Time and Memorandum in Support filed on behalf of All Parties (clou )
November 29, 2018 Filing 209 Consent MOTION for Extension of Time and Memorandum in Support 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 Ex. 1. Proposed Order)(Monroe, William)
November 28, 2018 Set Deadlines as to #160 Joint MOTION to Dismiss for Failure to State a Claim Joint Motion by Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc., USA, incorrectly identified as Glenmark Generics, Inc. USA and Defendants Merck & Co., Inc., Merck Sharp & Doh, #162 Joint MOTION to Dismiss for Failure to State a Claim (Joint Motion by Defendants Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Schering-Plough Corp.; Schering Corp.; MSP Singapore Co. LLC; Glenmark Pharmaceuticals, Ltd.; and Glenmark Generics Inc.,, #157 MOTION to Dismiss for Failure to State a Claim Motion by Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Pharmaceuticals Inc., USA incorrectly identified as Glenmark Generics Inc., USA to Dismiss Direct Purchaser Plaintiffs Consolidated Clas. Motion Hearing set for 1/14/2019 at 09:30 AM in Norfolk Mag Courtroom 1 before Magistrate Judge Douglas E. Miller. (cdod, )
November 27, 2018 Opinion or Order Filing 208 Order Referring Case to Magistrate Judge Douglas E. Miller for Report and Recommendations. Copies distributed as directed. Signed by Chief District Judge Rebecca Beach Smith on 11/27/2018. Modified text on 11/27/2018 (clou ). Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00039-RBS-DEM, 2:18-cv-00071-RBS-DEM, 2:18-cv-00108-RBS-DEM, 2:18-cv-00116-RBS-DEM, 2:18-cv-00130-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00352-RBS-DEM, 2:18-cv-00403-RBS- DEM, 2:18-cv-00423-RBS-DEM, 2:18-cv-00439-RBS-DEM, 2:18-cv-01000-RBS-DEM, 2:18-cv-01001-RBS-DEM, 2:18-cv-01002-RBS-DEM, 2:18-cv-01003-RBS-DEM, 2:18-cv- 01004-RBS-DEM (clou)
November 21, 2018 Opinion or Order Filing 207 ORDER granting #206 Consent MOTION for Extension of Time and Memorandum in Support filed on behalf of All Parties in case 2:18-md- 02836-RBS-DEM. Signed by Magistrate Judge Douglas E. Miller on 11/21/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00035- RBS-DEM, 2:18-cv-00039-RBS-DEM, 2:18-cv-00071-RBS-DEM, 2:18-cv-00108-RBS-DEM, 2:18-cv-00116-RBS-DEM, 2:18-cv-00130-RBS-DEM, 2:18-cv-00213-RBS-DEM, 2:18-cv- 00232-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00352-RBS-DEM, 2:18-cv-00403-RBS- DEM, 2:18-cv-00423-RBS-DEM, 2:18-cv-00439-RBS-DEM, 2:18-cv-01000-RBS-DEM, 2:18-cv-01001-RBS-DEM, 2:18-cv-01002-RBS-DEM, 2:18-cv-01003-RBS-DEM, 2:18-cv- 01004-RBS-DEM (clou)
November 20, 2018 Filing 206 Consent MOTION for Extension of Time and Memorandum in Support 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 Ex. 1. Proposed Order)(Monroe, William)
November 19, 2018 Filing 205 NOTICE by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #160 Joint MOTION to Dismiss for Failure to State a Claim Joint Motion by Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc., USA, incorrectly identified as Glenmark Generics, Inc. USA and Defendants Merck & Co., Inc., Merck Sharp & Doh, #157 MOTION to Dismiss for Failure to State a Claim Motion by Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Pharmaceuticals Inc., USA incorrectly identified as Glenmark Generics Inc., USA to Dismiss Direct Purchaser Plaintiffs Consolidated Clas, #162 Joint MOTION to Dismiss for Failure to State a Claim (Joint Motion by Defendants Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Schering-Plough Corp.; Schering Corp.; MSP Singapore Co. LLC; Glenmark Pharmaceuticals, Ltd.; and Glenmark Generics Inc., Defendants' Joint Notice of Request for Oral Argument (Attachments: #1 Certificate of Service)(Fee, James)
November 16, 2018 Filing 204 REPLY to Response to Motion re #160 Joint MOTION to Dismiss for Failure to State a Claim Joint Motion by Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc., USA, incorrectly identified as Glenmark Generics, Inc. USA and Defendants Merck & Co., Inc., Merck Sharp & Doh filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Certificate of Service)(Fee, James)
November 16, 2018 Filing 203 REPLY to Response to Motion re #157 MOTION to Dismiss for Failure to State a Claim Motion by Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Pharmaceuticals Inc., USA incorrectly identified as Glenmark Generics Inc., USA to Dismiss Direct Purchaser Plaintiffs Consolidated Clas filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Certificate of Service)(Fee, James)
November 16, 2018 Filing 202 REPLY to Response to Motion re #162 Joint MOTION to Dismiss for Failure to State a Claim (Joint Motion by Defendants Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Schering-Plough Corp.; Schering Corp.; MSP Singapore Co. LLC; Glenmark Pharmaceuticals, Ltd.; and Glenmark Generics Inc., (Reply Memorandum of Law in Support of Joint Motion by Defendants Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Schering-Plough Corp.; Schering Corp.; MSP Singapore Co. LLC; Glenmark Pharmaceuticals, Ltd.; and Glenmark Generics Inc., USA, to Dismiss all Claims Asserted by End Payer Plaintiffs) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
November 14, 2018 Opinion or Order Filing 201 ORDER granting Consent Motion to Amend Scheduling Order #197 Consent MOTION to Amend/Correct #142 Jointly Proposed Pretrial Order No. 5, in case 2:18-md- 02836-RBS-DEM. Signed by Magistrate Judge Douglas E. Miller on 11/14/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00035-RBS-DEM, 2:18-cv-00039-RBS-DEM, 2:18-cv-00071-RBS-DEM, 2:18-cv-00108-RBS-DEM, 2:18-cv-00116-RBS-DEM, 2:18-cv-00130-RBS-DEM, 2:18-cv-00213-RBS-DEM, 2:18-cv-00232-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00352-RBS-DEM, 2:18-cv-00403-RBS-DEM, 2:18-cv-00423-RBS-DEM, 2:18-cv-00439-RBS-DEM, 2:18-cv-01000-RBS-DEM, 2:18-cv-01001-RBS-DEM, 2:18-cv-01002-RBS-DEM, 2:18-cv-01003-RBS-DEM, 2:18-cv-01004-RBS-DEM(clou)
November 13, 2018 Opinion or Order Filing 200 ORDER TO SHOW CAUSE - Any party that believes spreading of case filings to member cases is still necessary for any reason shall SHOW CAUSE on or before December 8, 2018, why the process should not be discontinued. (See order for specific details). Copies distributed to all counsel. Signed by Chief District Judge Rebecca Beach Smith on 11/13/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00035-RBS-DEM, 2:18-cv-00039-RBS-DEM, 2:18-cv-00071-RBS-DEM, 2:18-cv-00108-RBS-DEM, 2:18-cv-00116-RBS-DEM, 2:18-cv-00130-RBS-DEM, 2:18-cv-00213-RBS-DEM, 2:18-cv-00232-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00352-RBS-DEM, 2:18-cv-00403-RBS-DEM, 2:18-cv-00423-RBS-DEM, 2:18-cv-00439-RBS-DEM, 2:18-cv-01000-RBS-DEM, 2:18-cv-01001-RBS-DEM, 2:18-cv-01002-RBS-DEM, 2:18-cv-01003-RBS-DEM, 2:18-cv-01004-RBS-DEM(clou )
November 13, 2018 Opinion or Order Filing 199 ORDER granting #194 MOTION to Withdraw as Attorney Erin Druba in case 2:18- md-02836-RBS-DEM. Copies distributed to all counsel. Signed by Chief District Judge Rebecca Beach Smith on 11/13/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00035-RBS-DEM, 2:18-cv-00108-RBS-DEM, 2:18-cv-00116-RBS-DEM, 2:18-cv-00130-RBS-DEM, 2:18-cv-00213-RBS-DEM, 2:18-cv-00232-RBS-DEM, 2:18-cv-00352-RBS-DEM, 2:18-cv-00403-RBS-DEM, 2:18-cv-01000-RBS-DEM, 2:18-cv-01001-RBS-DEM, 2:18-cv-01002-RBS-DEM, 2:18-cv-01003-RBS-DEM, 2:18-cv-01004-RBS-DEM(clou)
November 13, 2018 Opinion or Order Filing 198 ORDER granting #196 Motion for Pro hac vice for Melina Rose DiMattio as to Glenmark Generics Inc., USA and Glenmark Pharmaceuticals, Ltd. Signed by Chief District Judge Rebecca Beach Smith on 11/13/18. (tlev, )
November 13, 2018 Filing 197 Consent MOTION to Amend/Correct #142 Jointly Proposed Pretrial Order No. 5, 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 text on 11/14/2018 (clou ).
November 12, 2018 Filing 196 Motion to appear Pro Hac Vice by Melina Rose DiMattio and Certification of Local Counsel Teri Josie Diaz Filing fee $ 75, receipt number 0422-6359493. by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Diaz, Teri)
November 12, 2018 Filing 195 Brief in Support to #194 MOTION to Withdraw as Attorney Erin Druba filed by All End Payer Plaintiffs. (Cales, James)
November 12, 2018 Filing 194 MOTION to Withdraw as Attorney Erin Druba by All End Payer Plaintiffs. (Cales, James)
November 9, 2018 Opinion or Order Filing 193 ORDER granting #153 Motion to Strike. The court hereby GRANTS the Plaintiffs' Motion to Strike the Defendants' reply and STRIKES the Defendants' reply. The Defendant's late request for leave to file a reply is DENIED AS MOOT in case 2:18-md-02836-RBS-DEM. (See order for specific details). Copies distributed as directed. Signed by Chief District Judge Rebecca Beach Smith on 11/9/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00039- RBS-DEM, 2:18-cv-00071-RBS-DEM (clou)
November 7, 2018 Filing 192 TRANSCRIPT of proceedings held on 10-31-2018, 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 12/7/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 2/5/2019.(stewart, jody)
November 1, 2018 Filing 191 Memorandum in Opposition re #157 MOTION to Dismiss for Failure to State a Claim Motion by Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Pharmaceuticals Inc., USA incorrectly identified as Glenmark Generics Inc., USA to Dismiss Direct Purchaser Plaintiffs Consolidated Clas 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 A. Chart of Delays, #2 Appendix B. Table of Authorities)(Monroe, William)
November 1, 2018 Opinion or Order Filing 190 ORDER on #154 MOTION to Seal Certain Documents in case 2:18-md-02836-RBS- DEM. Signed by Magistrate Judge Douglas E. Miller on 11/1/2018. (See order for details). Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00039- RBS-DEM, 2:18-cv-00071-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00423-RBS-DEM, 2:18-cv-00439-RBS-DEM (clou )
November 1, 2018 Filing 189 Request for Hearing 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, Law Enforcement Health Benefits Inc., 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, Self Insured Schools of California on behalf of itself and all others similarly situated, 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, Turlock Irrigation District, individually and on behalf of all those similarly situated, UFCW Local 1500 Welfare Fund, on behalf of itself and all others similarly situated re #162 Joint MOTION to Dismiss for Failure to State a Claim (Joint Motion by Defendants Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Schering-Plough Corp.; Schering Corp.; MSP Singapore Co. LLC; Glenmark Pharmaceuticals, Ltd.; and Glenmark Generics Inc., (Cales, James)
November 1, 2018 Filing 188 Memorandum in Opposition re #162 Joint MOTION to Dismiss for Failure to State a Claim (Joint Motion by Defendants Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Schering-Plough Corp.; Schering Corp.; MSP Singapore Co. LLC; Glenmark Pharmaceuticals, Ltd.; and Glenmark Generics Inc., . (Attachments: #1 Exhibit A, #2 Exhibit B)(Cales, James)
November 1, 2018 Opinion or Order Filing 187 ORDER terminating (109) Motion to Compel in case 2:18-md-02836-RBS-DEM. Copies distributed as directed. Signed by Magistrate Judge Douglas E. Miller on 11/1/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00423-RBS-DEM, 2:18-cv-00439-RBS-DEM(clou )
November 1, 2018 Filing 186 Memorandum in Opposition re #160 Joint MOTION to Dismiss for Failure to State a Claim Joint Motion by Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc., USA, incorrectly identified as Glenmark Generics, Inc. USA and Defendants Merck & Co., Inc., Merck Sharp & Doh 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)
November 1, 2018 Filing 185 Minute Entry for Telephone Conference re #154 Motion to Seal and #177 Motion to File Surreply held 10/31/18 before Magistrate Judge Douglas E. Miller. In attendance via telephone: Thomas Sobol, William Monroe, James Cales, Adam Carroll, Scott Perwin, Stephen Noona, Christopher Dusseault, James Kevin Fee and Steven Reed. The Court GRANTS IN PART and DENIES IN PART the Motion for Surreply, without argument, as stated on the record. Argument heard on the Motion to Seal. Comments and questions by the Court. The Court GRANTS the Motion to Seal as outlined on the record. The Court addresses the outstanding Motion to Compel, and will direct the Clerk to terminate the motion in MDL. The Court to prepare an Order.Court in recess.(Court Reporter Jody Stewart, OCR.)(lwoo, )
October 31, 2018 Opinion or Order Filing 184 ORDER granting #182 Motion for Pro hac vice for Alberto Rodriguez as to FWK Holdings, LLC. Signed by Chief District Judge Rebecca Beach Smith on 10/31/18. (tlev, )
October 30, 2018 Opinion or Order Filing 183 ORDER granting #180 MOTION to Withdraw as Attorney and to Appoint Substitute Local Counsel. (See order for details). Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/30/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00423- RBS-DEM, 2:18-cv-00439-RBS-DEM (clou)
October 29, 2018 Filing 182 Motion to appear Pro Hac Vice by Alberto Rodriguez and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-6339233. by FWK Holdings, LLC. (Monroe, William)
October 29, 2018 Filing 181 NOTICE of Voluntary Dismissal by Wisconsin Masons' Health Care Fund, on behalf of itself and all others similarly situated (Le, Christopher)
October 29, 2018 Telephone Conference re #154 and #177 set for 10/31/2018 at 04:00 PM in Norfolk Judges Chamber w/OCR before Magistrate Judge Douglas E. Miller. (lwoo)
October 29, 2018 Filing 180 MOTION to Withdraw as Attorney and to Appoint Substitute Local Counsel by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Attachments: #1 Proposed Order)(Reilly, Craig)
October 26, 2018 Filing 179 NOTICE of Appearance by Adam Michael Carroll on behalf of Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co. (Carroll, Adam)
October 25, 2018 Filing 178 Memorandum in Support re #177 MOTION For Leave to File Surreply Addressing New Evidence and Arguments Raised in Glenmark's Response to DPP's Opposition to Glenmark's Motion to Seal re #167 Objection, #173 Response, 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 25, 2018 Filing 177 MOTION For Leave to File Surreply Addressing New Evidence and Arguments Raised in Glenmark's Response to DPP's Opposition to Glenmark's Motion to Seal re #167 Objection, #173 Response, by CESAR CASTILLO, INC., individually 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 25, 2018 Filing 176 MOTION For Leave to File Surreply Addressing New Evidence and Arguments Raised in Glenmark's Response to DPP's Opposition to Glenmark's Motion to Seal re #167 Objection, #173 Response, by CESAR CASTILLO, INC., individually 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) Modified on 10/25/2018 to remove document filed in error as requested by counsel. (clou ).
October 24, 2018 Filing 175 Declaration re #174 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 24, 2018 Filing 174 RESPONSE in Support re #154 MOTION to Seal Certain Documents (Pursuant to Court Order Dated October 19, 2018, ECF No. 168) 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 24, 2018 Filing 173 Response to #167 Objection, to Glenmark Defendants' Motion to File Settlement Agreement Under Seal filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Proposed Order, #4 Certificate of Service)(Fee, James)
October 24, 2018 Opinion or Order Filing 172 Joint Stipulated Protocol Governing Privilege and the Discovery of Electronically Stored Information and Hard Copy Documents re #169 Joint MOTION for Entry of Agreed Discovery Confidentiality Order and Joint Stipulated Privilege and ESI Protocols Order filed on behalf of Direct Purchaser Plaintiffs, End Payer Plaintiffs, Retailer Plaintiffs, Merck Defendants and Glenmark Defendants. Signed by Magistrate Judge Douglas E. Miller and filed on 10/24/2018. Copies distributed to all counsel. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00035-RBS-DEM, 2:18-cv-00039-RBS-DEM, 2:18-cv-00071-RBS-DEM, 2:18-cv-00108-RBS-DEM, 2:18-cv-00116-RBS-DEM, 2:18-cv-00130-RBS-DEM, 2:18-cv-00213-RBS-DEM, 2:18-cv-00232-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00352-RBS-DEM, 2:18-cv-00403-RBS-DEM, 2:18-cv-00423-RBS-DEM, 2:18-cv-00439-RBS-DEM, 2:18-cv-01000-RBS-DEM, 2:18-cv-01001-RBS-DEM, 2:18-cv-01002-RBS-DEM, 2:18-cv-01003-RBS-DEM, 2:18-cv-01004-RBS-DEM(clou )
October 24, 2018 Opinion or Order Filing 171 Discovery Confidentiality Order re #169 Joint MOTION for Entry of Agreed Discovery Confidentiality Order and Joint Stipulated Privilege and ESI Protocols Order filed on behalf of Direct Purchaser Plaintiffs, End Payer Plaintiffs, Retailer Plaintiffs, Merck Defendants and Glenmark Defendants. Signed by Magistrate Judge Douglas E. Miller and filed on 10/24/2018. Copies distributed to all counsel. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00035-RBS-DEM, 2:18-cv-00039-RBS-DEM, 2:18-cv-00071-RBS-DEM, 2:18-cv-00108-RBS-DEM, 2:18-cv-00116-RBS-DEM, 2:18-cv-00130-RBS-DEM, 2:18-cv-00213-RBS-DEM, 2:18-cv-00232-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00352-RBS-DEM, 2:18-cv-00403-RBS-DEM, 2:18-cv-00423-RBS-DEM, 2:18-cv-00439-RBS-DEM, 2:18-cv-01000-RBS-DEM, 2:18-cv-01001-RBS-DEM, 2:18-cv-01002-RBS-DEM, 2:18-cv-01003-RBS-DEM, 2:18-cv-01004-RBS-DEM (clou)
October 23, 2018 Filing 170 Opposition to #153 MOTION to Strike 152 Reply to Response to Motion, Motion to Strike Merck's Reply in Support of Its Objections to Report and Recommendation filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 19, 2018 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #169 Joint MOTION for Entry of Agreed Discovery Confidentiality Order and Joint Stipulated Privilege and ESI Protocols Order filed on behalf of Direct Purchaser Plaintiffs, End Payer Plaintiffs, Retailer Plaintiffs, Merck Defendants and Glenmark Defendants (clou )
October 19, 2018 Filing 169 Joint MOTION for Entry of Agreed Discovery Confidentiality Order and Joint Stipulated Privilege and ESI Protocols Order filed on behalf of Direct Purchaser Plaintiffs, End Payer Plaintiffs, Retailer Plaintiffs, Merck Defendants and Glenmark Defendants by CESAR CASTILLO, INC., individually 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. 1. Proposed Discovery Confidentiality Order, #2 Proposed Order Ex. 2. Proposed Joint Stipulated ESI Protocol and Privilege Order)(Monroe, William)
October 19, 2018 Opinion or Order Filing 168 ORDER re #166 Order. The Order granting the Motion to Seal (ECF No. #166 ) is hereby VACATED and any interested party is directed to respond to the objection by October 24, 2018. (See order for details). Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/19/2018. (clou )
October 18, 2018 Filing 167 Objection to #154 MOTION to Seal Certain Documents (Settlement Agreement), 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 17, 2018 Opinion or Order Filing 166 ORDER re (154) Motion to Seal in case 2:18-md-02836-RBS-DEM. (See order for details). Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/17/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00039-RBS-DEM, 2:18-cv-00071-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00423-RBS-DEM, 2:18-cv-00439-RBS-DEM(clou) Modified text on 10/19/2018 Order VACATED at ECF #168 (clou ).
October 16, 2018 Filing 165 NOTICE of Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) by ST. PAUL ELECTRICAL WORKERS' HEALTH PLAN, individually and on behalf of all those similarly situated (Durrette, Wyatt)
October 11, 2018 Filing 164 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #158 Memorandum in Support, #157 MOTION to Dismiss for Failure to State a Claim Motion by Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Pharmaceuticals Inc., USA incorrectly identified as Glenmark Generics Inc., USA to Dismiss Direct Purchaser Plaintiffs Consolidated Clas (Notice of Defendants Merck & Co., Inc.'s, Merck Sharp & Dohme Corp.'s, Schering-Plough Corp.'s, Schering Corp.'s, MSP Singapore Co. LLC's Joinder in Glenmark Pharmaceuticals, Ltd.'s and Glenmark Generics Inc., USA's Motion to Dismiss Direct Purchaser Plaintiffs' Consolidated Class Action Complaint) (Noona, Stephen)
October 11, 2018 Filing 163 Memorandum in Support re #162 Joint MOTION to Dismiss for Failure to State a Claim (Joint Motion by Defendants Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Schering-Plough Corp.; Schering Corp.; MSP Singapore Co. LLC; Glenmark Pharmaceuticals, Ltd.; and Glenmark Generics Inc., filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Appendix A, #2 Appendix B, #3 Appendix C)(Noona, Stephen)
October 11, 2018 Filing 162 Joint MOTION to Dismiss for Failure to State a Claim (Joint Motion by Defendants Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Schering-Plough Corp.; Schering Corp.; MSP Singapore Co. LLC; Glenmark Pharmaceuticals, Ltd.; and Glenmark Generics Inc., USA, to Dismiss All Claims Asserted by End Payer Plaintiffs) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
October 11, 2018 Filing 161 Memorandum in Support re #160 Joint MOTION to Dismiss for Failure to State a Claim Joint Motion by Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc., USA, incorrectly identified as Glenmark Generics, Inc. USA and Defendants Merck & Co., Inc., Merck Sharp & Doh me Corp., Schering-Plough Corp., Schering Corp., and MSP Singapore Co. LLC to Dismiss all Claims by Retailer Plaintiffs Walgreen Co., The Kroger Co., Albertsons Companies, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Headquarters Corp., and CVS Pharmacy, Inc. filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Certificate of Service)(Fee, James)
October 11, 2018 Filing 160 Joint MOTION to Dismiss for Failure to State a Claim Joint Motion by Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc., USA, incorrectly identified as Glenmark Generics, Inc. USA and Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., and MSP Singapore Co. LLC to Dismiss all Claims by Retailer Plaintiffs Walgreen Co., The Kroger Co., Albertsons Companies, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Headquarters Corp., and CVS Pharmacy, Inc. by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Fee, James)
October 11, 2018 Filing 159 Sealed Exhibit A to the Glenmark Defendants' Motion to Dismiss Direct Purchaser Plaintiffs' Consolidated Class Action Complaint(Fee, James)
October 11, 2018 Filing 158 Memorandum in Support re #157 MOTION to Dismiss for Failure to State a Claim Motion by Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Pharmaceuticals Inc., USA incorrectly identified as Glenmark Generics Inc., USA to Dismiss Direct Purchaser Plaintiffs Consolidated Clas s Action Complaint filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Appendix A, #2 Exhibit A, #3 Exhibit B)(Fee, James)
October 11, 2018 Filing 157 MOTION to Dismiss for Failure to State a Claim Motion by Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Pharmaceuticals Inc., USA incorrectly identified as Glenmark Generics Inc., USA to Dismiss Direct Purchaser Plaintiffs Consolidated Class Action Complaint by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Fee, James)
October 11, 2018 Filing 156 Notice of Filing Sealing Motion LCvR5(C) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #154 MOTION to Seal Certain Documents (Fee, James)
October 11, 2018 Filing 155 Memorandum in Support re #154 MOTION to Seal Certain Documents filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Fee, James)
October 11, 2018 Filing 154 MOTION to Seal Certain Documents by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit 1 - Proposed Order)(Fee, James) Modified on 10/19/2018 (clou).
October 11, 2018 Filing 153 MOTION to Strike 152 Reply to Response to Motion, Motion to Strike Merck's Reply in Support of Its Objections to Report and Recommendation by CESAR CASTILLO, INC., individually 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 10, 2018 Filing 152 REPLY to Response to Motion re #131 Motion Re: Objections to #129 Magistrate Judge's Ruling or Recommendation , (Objections By Defendants Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Schering-Plough Corp.; Schering Corp.; and MSP Singapore Co. LLC to the Report and R filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen) Modified on 11/9/2018 - *** Stricken from the Record pursuant to Order entered 11/9/2018 ECF #193 *** (clou).
October 9, 2018 Opinion or Order Filing 151 ORDER granting #146 Motion for Pro hac vice for Michael Minshen Lee as to MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp. and Schering-Plough Corp. Signed by Chief District Judge Rebecca Beach Smith on 10/9/18. (tlev, )
October 9, 2018 Opinion or Order Filing 150 ORDER granting #148 Motion for Pro hac vice for Karissa Joelle Sauder as to Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. Signed by Chief District Judge Rebecca Beach Smith on 10/9/18. (tlev, )
October 9, 2018 Opinion or Order Filing 149 ORDER granting #147 Motion for Pro hac vice for Nicholas Urban as to Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. Signed by Chief District Judge Rebecca Beach Smith on 10/9/18. (tlev, )
October 5, 2018 Filing 148 Motion to appear Pro Hac Vice by Karissa Joelle Sauder and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-6305422. by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
October 5, 2018 Filing 147 Motion to appear Pro Hac Vice by Nicholas Urban and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-6305392. by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
October 5, 2018 Filing 146 Motion to appear Pro Hac Vice by Michael Minshen Lee and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-6304082. by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 4, 2018 Filing 145 Response to #131 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #129 NOTICE, (Objections By Defendants Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Schering-Plough Corp.; Schering Corp.; and MSP Singapore Co. LLC to the Report and R, #132 Memorandum in Support, Direct Purchaser Plaintiffs' Response to the Merck Defendants' Objection to the Magistrate's Report and Recommendation Regarding Arbitration 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, 2018 Opinion or Order Filing 144 Agreed ORDER in case granting #143 Consent MOTION for Extension of Time to File Response/Reply as to Pretrial Order No. 4 #106 2:18-md-02836-RBS-DEM. (See order for details). Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 10/3/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00423- RBS-DEM, 2:18-cv-00439-RBS-DEM (clou)
October 3, 2018 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #143 Consent MOTION for Extension of Time to File Response/Reply as to #106 MDL Order, (Consent Motion and Memorandum In Support of Consent Motion To Defer Arbitration-Related Briefing in the Retailer Plaintiff Actions) (clou)
October 2, 2018 Filing 143 Consent MOTION for Extension of Time to File Response/Reply as to #106 MDL Order,,, (Consent Motion and Memorandum In Support of Consent Motion To Defer Arbitration-Related Briefing in the Retailer Plaintiff Actions) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 2)(Noona, Stephen)
October 2, 2018 Filing 142 Jointly Proposed Pretrial Order No. 5. Signed by Chief District Judge Rebecca Beach Smith on 10/2/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00039-RBS-DEM, 2:18-cv-00071-RBS-DEM, 2:18-cv-00108-RBS-DEM, 2:18-cv-00116-RBS-DEM, 2:18-cv-00130-RBS-DEM, 2:18-cv-00213-RBS-DEM, 2:18-cv-00232-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00352-RBS-DEM, 2:18-cv-00403-RBS-DEM, 2:18-cv-00423-RBS-DEM, 2:18-cv-00439-RBS-DEM, 2:18-cv-01000-RBS-DEM, 2:18-cv-01001-RBS-DEM, 2:18-cv-01002-RBS-DEM, 2:18-cv-01003-RBS-DEM, 2:18-cv-01004-RBS-DEM(clou )
October 1, 2018 Filing 141 Letter to Chief Judge Smith on behalf of all parties. (Attachments: #1 Exhibit A. Proposed Pretrial Order No. 5)(Monroe, William)
October 1, 2018 Filing 140 NOTICE by Sergeants Benevolent Association Health & Welfare Fund, on behalf of itself and all others similarly situated Notice of Change of Firm Name (Durrette, Wyatt)
September 27, 2018 Filing 139 STIPULATION of Dismissal as to Par Pharmaceutical, Inc. by Self Insured Schools of California on behalf of itself and all others similarly situated. (Cales, James)
September 27, 2018 Filing 138 STIPULATION of Dismissal as to Par Pharmaceutical, Inc. by Philadelphia Federation of Teachers Health and Welfare Fund. (Cales, James)
September 27, 2018 Filing 137 STIPULATION of Dismissal as to Par Pharmaceutical, Inc. by Law Enforcement Health Benefits Inc.. (Cales, James)
September 27, 2018 Filing 136 STIPULATION of Dismissal as to Par Pharmaceutical, Inc. by Turlock Irrigation District, individually and on behalf of all those similarly situated. (Cales, James)
September 27, 2018 Filing 135 STIPULATION of Dismissal as to Par Pharmaceutical, Inc. by ST. PAUL ELECTRICAL WORKERS' HEALTH PLAN, individually and on behalf of all those similarly situated. (Cales, James)
September 25, 2018 Opinion or Order Filing 134 ORDER granting #133 Motion for Pro hac vice for Jayne Arnold Goldstein as to CESAR CASTILLO, INC., individually and on behalf of all those similarly situated. Signed by Chief District Judge Rebecca Beach Smith on 9/25/18. (tlev, )
September 24, 2018 Filing 133 Motion to appear Pro Hac Vice by Jayne A. Goldstein and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-6286340. by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated. (Attachments: #1 Letter to Clerk)(Monroe, William)
September 20, 2018 Filing 132 Memorandum in Support re #131 Objections to Magistrate Judge's Ruling or Recommendation re #129 Report and Recommendation, (Objections By Defendants Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Schering-Plough Corp.; Schering Corp.; and MSP Singapore Co. LLC to the Report and R filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen) Modified text on 9/21/2018 (clou ).
September 20, 2018 Filing 131 Objections to Magistrate Judge's Ruling or Recommendation re #129 Report and Recommendation, (Objections By Defendants Merck & Co., Inc.; Merck Sharp & Dohme Corp.; Schering-Plough Corp.; Schering Corp.; and MSP Singapore Co. LLC to the Report and Recommendation Denying Their Joint Motion to Dismiss All Claims Asserted By Plaintiffs FWK Holdings, LLC; Cesar Castillo, Inc.; and Rochester Drug Cooperative, Inc., or In the Alternative to Stay All Proceedings, Pending Bilateral Arbitration Pursuant to FAA 3) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen) Modified text on 9/21/2018 (clou ).
September 13, 2018 Filing 130 AMENDED COMPLAINT End Payor Consolidated Class Action Complaint against Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp., filed by City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated, UFCW Local 1500 Welfare Fund, on behalf of itself and all others similarly situated, The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, Self Insured Schools of California 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, Sergeants Benevolent Association Health & 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, The Uniformed Firefighters' Association of Greater New York Security Benefit Fund, All End Payer Plaintiffs. (Attachments: #1 Exhibit Exhibit A)(Cales, James)
September 6, 2018 Filing 129 Report and Recommendation - The undersigned recommends that Merck's Motions to Dismiss or Compel Arbitration (2:18cv23, ECF No. 92; 2:18cv39, ECF No. 69; 2:18cv71, ECF No. 80) be DENIED. (See Report and Recommendation for specific details). Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/6/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00039-RBS-DE