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

This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 15, 2023 Filing 2170 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. (Notice of Implementation of Ethical Screen) (Noona, Stephen)
October 18, 2023 Opinion or Order Filing 2169 FINAL ORDER AND JUDGMENT OF DISMISSAL - EPP Class Members' claims against Defendants are dismissed with prejudice. Signed by District Judge Rebecca Beach Smith on 10/18/2023. (tameub, )
October 18, 2023 Opinion or Order Filing 2168 OPINION - The court GRANTS EPPs' Motion for Final Approval of the Settlement Agreement, ECF No. #2158 . EPPs' Motion for Award of Attorneys' Fees, Reimbursement of Expenses, and Incentive Awards for the Class Representatives, ECF No. #2160 is GRANTED. All EPP Class members' claims against Defendants are DISMISSED WITH PREJUDICE. The Clerk is DIRECTED to enter judgment to this effect, there being no just reason for delay, pursuant to the Final Order and Judgment of Dismissal filed in conjunction with this Opinion. Signed by District Judge Rebecca Beach Smith on 10/18/2023. (Attachments: #1 Exhibit A)(tameub, )
October 3, 2023 Filing 2167 TRANSCRIPT of proceedings held on 9-21-2023, 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 11/2/2023. Redacted Transcript Deadline set for 12/4/2023. Release of Transcript Restriction set for 1/2/2024.(stewart, jody)
September 21, 2023 Filing 2166 FAIRNESS HEARING held before District Judge Rebecca Beach Smith. (Court Reporter Jody Stewart.) Counsel present (see attachment to minutes for list of all counsel present.) Comments of court and counsel heard. Court reviewed the proposed Order with counsel. Court to prepare an Opinion to enter with Final Order. Court adjourned. (tameub, )
September 21, 2023 Opinion or Order Filing 2165 ORDER granting #2135 Motion to Seal Portions of the Declaration of Michael Buchman. Entered as modified by the court. Signed by Magistrate Judge Douglas E. Miller on 9/21/2023. (tameub, )
September 19, 2023 Filing 2164 Response to #2162 Response (Defendants' Response To The End-Payors' Response To Requests For Exclusion (filed on behalf of both Merck and Glenmark Defendants)) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 19, 2023 Filing 2163 NOTICE by All End Payer Plaintiffs of Correction (Attachments: #1 Exhibit A, #2 Exhibit B)(Cales, James)
September 14, 2023 Filing 2162 Response of End-Payors to Objections and Requests for Exclusion filed by All End Payer Plaintiffs. (Cales, James)
September 13, 2023 Filing 2161 Memorandum in Support re #2160 MOTION for Award of Attorneys' Fees, Reimbursement of Expenses and Incentive Awards for the Class Representative Plaintiffs filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit Joint Declaration of Miller and Buchman, #2 Exhibit Declaration of M. Buchman)(Cales, James)
September 13, 2023 Filing 2160 MOTION for Award of Attorneys' Fees, Reimbursement of Expenses and Incentive Awards for the Class Representative Plaintiffs by All End Payer Plaintiffs. (Cales, James)
September 13, 2023 Filing 2159 Memorandum in Support re #2158 MOTION Unopposed Motion for Final Approval of Settlement and Entry of Final Judgment and Order of Dismissal filed by All End Payer Plaintiffs. (Cales, James)
September 13, 2023 Filing 2158 UNOPPOSED MOTION for Final Approval of Settlement and Entry of Final Judgment and Order of Dismissal by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James) Modified text on 9/14/2023 (tameub, ).
September 8, 2023 Filing 2157 NOTICE re #2151 Order by All End Payer Plaintiffs of Filing of Report of Claims Administrator (Attachments: #1 Exhibit Supplemental Declaration of Eric Miller)(Cales, James) Modified text on 9/12/2023 (tameub, ).
July 3, 2023 Filing 2156 NOTICE by All End Payer Plaintiffs re #2151 Order,, Set/Reset Hearings, of Compliance (Attachments: #1 Exhibit Declaration of Eric Miller)(Cales, James)
June 16, 2023 Opinion or Order Filing 2155 ORDER - The parties are ADVISED that the court will file a suggestion of remand with the Panel Under Rule 10.1(b)(i) as to the Opt-Out Plaintiffs. The court's 5/3/2023, Order, ECF No. #2121 is VACATED. The court's 5/26/2023, Order, ECF No. #2143 is now MOOT. Plaintiffs Centene, Humana, and Kaiser's motion requesting clarification of the 5/3/2023, Order, ECF No. #2128 is now MOOT. Signed by District Judge Rebecca Beach Smith on 6/16/2023. (tamarm, )
June 9, 2023 Opinion or Order Filing 2154 ORDER granting #2152 Motion to Withdraw as Attorney as to Edward J. Powers. Signed by Magistrate Judge Douglas E. Miller on 6/92023. (afar)
June 8, 2023 Filing 2153 Memorandum in Support re #2152 MOTION to Withdraw as Attorney filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Powers, Edward)
June 8, 2023 Filing 2152 MOTION to Withdraw as Attorney by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Proposed Order Proposed Order)(Powers, Edward)
June 8, 2023 MOTIONS REFERRED to Magistrate Judge Miller: #2152 MOTION to Withdraw as Attorney by Edward Powers on behalf of Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd. (tamarm, )
June 6, 2023 Opinion or Order Filing 2151 ORDER PRELIMINARILY APPROVING SETTLEMENT AND PROVIDING FOR NOTICE OF SETTLEMENT re #2131 UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT, APPROVAL OF THE FORM AND MANNER OF NOTICE TO THE CLASS, AND SCHEDULE FOR A FAIRNESS HEARING filed by All End Payer Plaintiffs. Fairness Hearing set for 9/21/2023 at 12:00 PM in Norfolk Courtroom 4 before District Judge Rebecca Beach Smith. Signed by District Judge Rebecca Beach Smith on 6/6/2023. (tamarm, )
June 5, 2023 Filing 2150 NOTICE by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd. re #2143 Order,,, Defendants' Position Statement Regarding The Court's May 3, 2023 Order and the Opt-Out Plaintiffs' Responses Thereto (Ottinger, Richard)
June 5, 2023 Opinion or Order Filing 2149 ORDER granting #2144 Motion to Withdraw as Attorney. Attorney Meredith Sheree Simons is removed as counsel of record for Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., and MSP Singapore Co. LLC and from the electronic notification system for the case. Signed by Magistrate Judge Douglas E. Miller on 6/5/2023. (tamarm, )
June 2, 2023 Filing 2148 Letter from Plaintiff United HealthCare Services, Inc. Clarifying Position on Remand Pursuant to the Court's May 26, 2023 Order (ECF No. 2143). (Neuhardt, Amy)
June 2, 2023 Filing 2147 Corrected Memorandum in Support re #2131 UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT, APPROVAL OF THE FORM AND MANNER OF NOTICE TO THE CLASS, AND SCHEDULE FOR A FAIRNESS HEARING filed by All End Payer Plaintiffs. (tamarm, )
June 2, 2023 Opinion or Order Filing 2146 ORDER granting #2145 Motion for Leave to File a Corrected Memorandum in Support. The Corrected Memorandum in Support of Unopposed Motion for Preliminary Approval of Proposed Settmement, Approval of the Form and Manner of Notice to the Class, and Schedule a Fairness Hearing shall be filed. Signed by District Judge Rebecca Beach Smith on 6/2/2023. (tamarm, )
June 2, 2023 Filing 2145 Consent MOTION for Leave to File Corrected Memorandum in Support of Unopposed Motion for Preliminary Approval of Proposed Settlement, Approval of the Form and Manner of Notice to the Class, and Schedule a Fairness Hearing by All End Payer Plaintiffs. (Attachments: #1 Exhibit Exhibit A, #2 Proposed Order Exhibit B)(Cales, James)
June 2, 2023 MOTIONS REFERRED to Magistrate Judge: Miller. #2144 Consent MOTION to Withdraw as Attorney (and Memorandum in Support of Consent Motion to Withdraw Appearance of Meredith S. Simons as Counsel for Merck Defendants) (tamarm, )
June 1, 2023 Filing 2144 Consent MOTION to Withdraw as Attorney (and Memorandum in Support of Consent Motion to Withdraw Appearance of Meredith S. Simons as Counsel for Merck Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
May 26, 2023 Opinion or Order Filing 2143 ORDER. In light of the concerns expressed by Opt-Out Plaintiffs Kaiser Foundation Health Plan, Humana Inc., and Centene in their #2128 Motion Seeking Clarification of the Court's Order dated May 3, 2023, and Plaintiff United Healthcare Services, Inc.'s #2130 Notice Regarding Forthcoming Motion for Remand, the court STAYS the May 3, 2023, order, ECF No. #2121 , pending further briefing on this matter and a hearing, if necessary. Defendants are DIRECTED to state their positions regarding the court's May 3, 2023, order and the Opt-Out Plaintiffs' responses thereto within ten (10) days of the date of this Order. Additionally, Plaintiff United Healthcare is DIRECTED to clarify whether it formally opposes remand at this juncture within seven (7) days of the date of this Order. Signed by District Judge Rebecca Beach Smith on 5/26/23. (jhie, )
May 26, 2023 Opinion or Order Filing 2142 ORDER OF VOLUNTARY DISMISSAL. Upon consideration of the Retailer Plaintiffs' consent motion for voluntary dismissal in accordance with the parties' settlement of this matter, it is hereby ORDERED that these cases are DISMISSED with prejudice, with each party bearing its own attorneys' fees and costs. Jurisdiction in these matters is retained solely for the purpose of enforcing the settlement agreement resulting in dismissal of the action. Signed by District Judge Rebecca Beach Smith on 5/26/23. (jhie, )
May 24, 2023 Filing 2141 Memorandum in Support re #2140 MOTION to Voluntarily Dismiss filed by Albertsons Companies, Inc., CVS Pharmacy, Inc., Giant Eagle, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Sawyer, John)
May 24, 2023 Filing 2140 MOTION to Voluntarily Dismiss by Albertsons Companies, Inc., CVS Pharmacy, Inc., Giant Eagle, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Attachments: #1 Proposed Order)(Sawyer, John)
May 24, 2023 MOTIONS REFERRED to Magistrate Judge Miller. #2135 Consent MOTION to Seal Portion of Michael Buchman Declaration (tamarm, )
May 23, 2023 Opinion or Order Filing 2139 ORDER OF DISMISSAL - The actions of all of the Direct Purchaser Plaintiffs, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., Cesar Castillo, LLC, McKesson Corporation, AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, H.D. Smith, LLC, Smith Medical Partners, LLC, Valley Wholesale Drug Company, LLC, Cardinal Health, Inc., The Harvard Drug Group, L.L.C., Cardinal Health P.R. 120, Inc., Meijer, Inc., Meijer Distribution, Inc., SUPERVALU, Inc., Wegmans Food Markets, Inc., KPH Healthcare Services, Inc. a/k/a Kinney Drugs, Inc., MLI RX, LLC, Burlington Drug Company, Inc., Dakota Drug, Inc., J M Smith Corporation d/b/a Smith Drug Company, Louisiana Wholesale Drug Co., Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., and Value Drug Company as to Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp. (now known as Merck Sharp & Dohme LLC), Schering-Plough Corp., Schering Corp., MSP Singapore Co. LLC, Glenmark Pharmaceuticals, Ltd., and Glenmark Pharmaceuticals Inc., USA, are DISMISSED WITH PREJUDICE, with each party to bear its own attorneys' fees and costs. The Court retains jurisdiction with respect to any suit, action, proceeding seeking to enforce the terms of the settlement agreement resolving these actions. Signed by District Judge Rebecca Beach Smith on 5/23/2023. (tamarm, )
May 22, 2023 Filing 2138 Notice of Under Seal Filing LCvR5 (B) by All End Payer Plaintiffs re #2135 Consent MOTION to Seal Portion of Michael Buchman Declaration (Cales, James)
May 22, 2023 Filing 2137 Sealed Document re #2135 Consent MOTION to Seal Portion of Michael Buchman Declaration. (Cales, James)
May 22, 2023 Filing 2136 Memorandum in Support re #2135 Consent MOTION to Seal Portion of Michael Buchman Declaration filed by All End Payer Plaintiffs. (Cales, James)
May 22, 2023 Filing 2135 Consent MOTION to Seal Portion of Michael Buchman Declaration by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James)
May 22, 2023 Filing 2134 Declaration re #2131 MOTION UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT, APPROVAL OF THE FORM AND MANNER OF NOTICE TO THE CLASS, AND SCHEDULE FOR A FAIRNESS HEARING of Michael Buchman by All End Payer Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Cales, James)
May 22, 2023 Filing 2133 Declaration re #2131 MOTION UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT, APPROVAL OF THE FORM AND MANNER OF NOTICE TO THE CLASS, AND SCHEDULE FOR A FAIRNESS HEARING Joint Declaration of Marvin Miller and Michael Buchman by All End Payer Plaintiffs. (Cales, James)
May 22, 2023 Filing 2132 Memorandum in Support re #2131 MOTION UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT, APPROVAL OF THE FORM AND MANNER OF NOTICE TO THE CLASS, AND SCHEDULE FOR A FAIRNESS HEARING filed by All End Payer Plaintiffs. (Cales, James)
May 22, 2023 Filing 2131 MOTION UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF PROPOSED SETTLEMENT, APPROVAL OF THE FORM AND MANNER OF NOTICE TO THE CLASS, AND SCHEDULE FOR A FAIRNESS HEARING by All End Payer Plaintiffs. (Cales, James)
May 22, 2023 Filing 2130 NOTICE by United Healthcare Services, Inc. Regarding Forthcoming Motion for Remand Pursuant to the Court's May 3, 2023 Order (ECF No. 2121) (Neuhardt, Amy)
May 22, 2023 Filing 2129 Memorandum in Support re #2128 MOTION Clarification of Court Order dated May 3, 2023 - ECF no. 2121 Opt-Out Insurer Plaintiffs' Motion Seeking Clarification of the Court's Order dated May 3, 2023 filed by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Attachments: #1 Exhibit 9/21/2022 Email)(Spain, Brett)
May 22, 2023 Filing 2128 MOTION Clarification of Court Order dated May 3, 2023 - ECF no. 2121 Opt-Out Insurer Plaintiffs' Motion Seeking Clarification of the Court's Order dated May 3, 2023 by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
May 18, 2023 Filing 2127 STIPULATION of Dismissal filed on behalf of Direct Purchaser Plaintiffs and Defendants by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William)
May 17, 2023 Filing 2126 NOTICE by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. re #2124 Order on Motion to Seal, Notice of filing redacted transcript (Attachments: #1 Exhibit A. Transcript of March 23, 2023 Hearing (Redacted))(Monroe, William)
May 11, 2023 Filing 2125 Redaction of #2032 Transcript.(mcmanus, paul)
May 10, 2023 Opinion or Order Filing 2124 ORDER: Direct Purchaser Plantiff's #2110 Motion to Seal. The Direct Purchaser Plaintiffs shall provide the Court with a copy of the Transcript of Proceedings of March 23, 2023 redacted in accordance with Exhibit 1; and the Clerk shall maintain under seal the redacted portions. Signed by Magistrate Judge Douglas E. Miller on 5/10/2023. (afar)
May 9, 2023 Opinion or Order Filing 2123 ORDER granting #2122 Motion to Withdraw as Attorney. Attorney William Bornstein terminated. Signed by Magistrate Judge Douglas E. Miller on 5/9/2023. (tamarm, )
May 8, 2023 Filing 2122 MOTION to Withdraw as Attorney and Memorandum In Support Of Motion To Withdraw Appearance Of William Bornstein by United Healthcare Services, Inc.. (Attachments: #1 Exhibit 1 (Proposed Order))(Neuhardt, Amy)
May 8, 2023 MOTIONS REFERRED to Magistrate Judge Miller: #2122 MOTION to Withdraw as Attorney and Memorandum In Support Of Motion To Withdraw Appearance Of William Bornstein (tamarm, )
May 3, 2023 Opinion or Order Filing 2121 ORDER directing that Plaintiffs United Healthcare, Centene, Humana, and Kaiser file a motion to remand their action with the Panel on Multidistrict Litigation within 30 days of this Order. Counsel for Defendants, the DPPs, the Retailers, and the EPPS are reminded to file agreed dismissal orders with any necessary motions, pursuant to the court's instructions, within thirty (30) days of their settlement notifications to the court and the conferences held with the court thereafter. Signed by District Judge Rebecca Beach Smith on 5/3/2023. (Attachments: #1 Exhibit A)(tamarm, )
May 3, 2023 MOTIONS REFERRED to Magistrate Judge Miller: #2110 MOTION to Seal Portions of the Transcript of Proceedings of March 23, 2023 that Reveal Highly Confidential Testimony from the 30(b)(6) Depositions of Cardinal, McKesson, and Amerisource (tamarm, )
April 27, 2023 Opinion or Order Filing 2120 ORDER granting #2119 Motion to Withdraw as Attorney. Attorney Jennifer Kirsten Bracht is removed as counsel of record for Merck and from the electronic notification system for the case. Signed by Magistrate Judge Douglas E. Miller on 4/27/2023. (tamarm, )
April 27, 2023 MOTIONS REFERRED to Magistrate Judge Miller: #2119 MOTION to Withdraw as Attorney and Memorandum In Support Of Motion To Withdraw Appearance Of Jennifer K. Bracht As Counsel For Merck Defendants (tamarm, )
April 26, 2023 Filing 2119 MOTION to Withdraw as Attorney and Memorandum In Support Of Motion To Withdraw Appearance Of Jennifer K. Bracht As Counsel For Merck 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)
April 25, 2023 Filing 2118 RESPONSE to Motion re #2110 MOTION to Seal Portions of the Transcript of Proceedings of March 23, 2023 that Reveal Highly Confidential Testimony from the 30(b)(6) Depositions of Cardinal, McKesson, and Amerisource filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
April 25, 2023 Opinion or Order Filing 2117 SEALING ORDER granting #2046 Motion to Seal entered as modified by the court. Signed by Magistrate Judge Douglas E. Miller on 4/25/2023. (tamarm, )
April 25, 2023 Opinion or Order Filing 2116 SEALING ORDER granting #1978 Motion to Seal entered as modified by the court. Signed by Magistrate Judge Douglas E. Miller on 4/25/2023. (tamarm, )
April 25, 2023 Opinion or Order Filing 2115 SEALING ORDER granting #1964 Motion to Seal entered as modified by the court. Signed by Magistrate Judge Douglas E. Miller on 4/25/2023. (tamarm, )
April 25, 2023 Opinion or Order Filing 2114 SEALING ORDER granting #1951 Motion to Seal entered as modified by the court. Signed by Magistrate Judge Douglas E. Miller on 4/25/2023. (tamarm, )
April 25, 2023 Opinion or Order Filing 2113 SEALING ORDER granting #2018 Motion to Seal entered as modified by the court. Signed by Magistrate Judge Douglas E. Miller on 4/25/2023. (tamarm, ) Modified text on 4/25/2023 (tamarm, ).
April 24, 2023 Filing 2112 Memorandum in Support re #2110 MOTION to Seal Portions of the Transcript of Proceedings of March 23, 2023 that Reveal Highly Confidential Testimony from the 30(b)(6) Depositions of Cardinal, McKesson, and Amerisource filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
April 24, 2023 Filing 2111 Declaration re #2110 MOTION to Seal Portions of the Transcript of Proceedings of March 23, 2023 that Reveal Highly Confidential Testimony from the 30(b)(6) Depositions of Cardinal, McKesson, and Amerisource, #2032 Transcript,,, Declaration of Kristen A. Johnson In Support of Direct Purchasers Motion to Seal by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
April 24, 2023 Filing 2110 MOTION to Seal Portions of the Transcript of Proceedings of March 23, 2023 that Reveal Highly Confidential Testimony from the 30(b)(6) Depositions of Cardinal, McKesson, and Amerisource by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit 1-Proposed Redactions, #2 Exhibit 2-Proposed Order)(Monroe, William)
April 24, 2023 Filing 2109 NOTICE by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. re #2032 Transcript,,, filed on behalf of Direct Purchasers - Notice of Intent to Request Redaction of Transcript of Proceedings (Monroe, William)
April 24, 2023 Before jury selection commenced as scheduled, the court was advised that the Retailer Plaintiffs had reached a settlement agreement with the Merck Defendants and the Glenmark Defendants. The jury panel will be released from duty and the trial is removed from the court calendar. Counsel were instructed to file an agreed dismissal order with any necessary motions within thirty (30) days. (tamarm, )
April 21, 2023 Opinion or Order Filing 2108 MEMORANDUM OPINION AND ORDER sustaining DPPs and EPPs #2026 Objections to Magistrate Judge's Ruling or Recommendation; sustaining Retailers #2029 Objections to Magistrate Judge's Ruling or Recommendation. Plaintiffs' Motion in Limine No. 19, ECF #1817 is GRANTED. Signed by District Judge Rebecca Beach Smith on 4/21/2023. (tamarm, )
April 20, 2023 Filing 2107 JURY TRIAL (Day 2) held before District Judge Rebecca Beach Smith. (Court Reporter Jody Stewart.) John Sawyer, Richard Arnold, Anna Neil, and Lauren Ravkind present on behalf of Retailer Plaintiffs. Darin V. Osmond, Corporate Representative, also present on behalf of Retailer Plaintiffs. Stephen Noona, Samuel Liversidge, Tarek Ismail, and Jason Hileman present on behalf of Merck Defendants. Tina Gonzalez Barton, Corporate Representative, also present on behalf of Merck. Richard Ottinger, Jennifer Eaton, and Devora Allon present on behalf of Glenmark Defendants. Laura Lester, Corporate Representative, also present on behalf of Glenmark. Jury Trial held on 4/20/2023. Jurors (Panel B of 34 jurors) appeared as summoned, sworn, and examined on voir dire. Jurors not serving excused. Jurors (Panel A of 32 remaining jurors) appeared and continued to be examined on voir dire along with remaining jurors on Panel B. Jurors not serving excused. The court directed that the remaining Jurors from Panel A and Panel B return on April 24, 2023, at 10:00 a.m. Jury Trial continued to April 24, 2023, at 10:00 a.m. in Norfolk Courtroom 4 before District Judge Rebecca Beach Smith. (tamarm, )
April 20, 2023 Before jury selection commenced as scheduled, the court was advised that the End Payor Plaintiffs (EPPs) had reached a settlement agreement with the Merck Defendants and the Glenmark Defendants. Thereafter, following a brief delay, jury selection resumed for the remaining parties at 11:30 AM. (tamarm, )
April 19, 2023 Filing 2106 JURY TRIAL (Day 1) held before District Judge Rebecca Beach Smith. (Court Reporter Jody Stewart.) James Cales, III, Marvin Miller, and Kathleen Boychuck present on behalf of EPP class plaintiffs. John Sawyer, Richard Arnold, Anna Neil, and Lauren Ravkind present on behalf of Retailer Plaintiffs. Stephen Noona, Samuel Liversidge, Tarek Ismail, and Jason Hileman present on behalf of Merck Defendants. Tina Gonzalez Barton, Corporate Representative, also present on behalf of Merck. Richard Ottinger, Jennifer Eaton, and Devora Allen present on behalf of Glenmark Defendants. Laura Lester, Corporate Representative, also present on behalf of Glenmark. Jury Trial held on 4/19/2023. Jurors (Panel A of 68) appeared as summoned, sworn, and examined on voir dire. Jurors not serving excused. The court directed that the Jurors (Panel A) return on 4/20/2023 by 11:00 a.m. Jury Trial continued to 4/20/2023 at 11:00 AM in Norfolk Courtroom 4 before District Judge Rebecca Beach Smith. (tamarm, )
April 18, 2023 Opinion or Order Filing 2105 ORDER granting #2101 Motion to Withdraw as Attorney. Attorney Erin Gibson Allen terminated. Signed by Magistrate Judge Douglas E. Miller on April 18, 2023. (Miller, Douglas)
April 18, 2023 Opinion or Order Filing 2104 ORDER ON EXHIBIT PROCEDURES FOR WITNESSES TESTIFYING BY DEPOSITION - see Order for details. Signed by Magistrate Judge Douglas E. Miller on 4/18/2023. (tamarm, )
April 18, 2023 Opinion or Order Filing 2103 OPINION AND ORDER granting in part and denying in part Purchasers' Motion in Limine No. 2, #1804 at 1 and EPPs' Motion in Limine No. 20, #1828 ; granting #1927 Motion for Leave to File a Reply Brief in support of their Motion in Limine No. 20. Signed by Magistrate Judge Douglas E. Miller on 4/18/2023. (tamarm, )
April 18, 2023 Filing 2101 MOTION to Withdraw as Attorney Erin Gibson Allen by Giant Eagle, Inc.. (Sawyer, John)
April 18, 2023 Filing 2100 TRANSCRIPT of proceedings held on 4-17-2023, 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 5/18/2023. Redacted Transcript Deadline set for 6/20/2023. Release of Transcript Restriction set for 7/17/2023.(stewart, jody)
April 18, 2023 Filing 2099 TRANSCRIPT of proceedings held on 4-14-2023, 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 5/18/2023. Redacted Transcript Deadline set for 6/20/2023. Release of Transcript Restriction set for 7/17/2023.(stewart, jody)
April 18, 2023 Filing 2098 TRANSCRIPT of proceedings held on 4-13-2023, before Judge Douglas E. Miler, 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 5/18/2023. Redacted Transcript Deadline set for 6/20/2023. Release of Transcript Restriction set for 7/17/2023.(stewart, jody)
April 18, 2023 MOTIONS REFERRED to Magistrate Judge Miller: #2101 MOTION to Withdraw as Attorney Erin Gibson Allen, #2046 MOTION to Seal (Defendants' Motion to Seal Portions of Defendants' Objections to Ruling Regarding Reopening the 30(B)(6) Depositions of Cardinal, McKesson, and Amerisource and Certain Exhibits to the Declaration Filed in Support) (tamarm, )
April 18, 2023 Jury Trial continued to 4/19/2023 at 11:00 AM in Norfolk Courtroom 4 before District Judge Rebecca Beach Smith. (tamarm, )
April 18, 2023 Before jury selection commenced as scheduled, the court was advised that Direct Purchaser Plaintiffs (DPPs) had reached a settlement agreement with the Merck Defendants and the Glenmark Defendants. Thus, the jury panel was released for the remainder of the day and jury selection was continued for remaining parties to April 19, 2023 at 11:00 a.m.. (tamarm, )
April 17, 2023 Filing 2102 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Discovery Hearing held on 4/17/2023. Matter came on for discovery hearing/status conference. Present for the hearing were counsel as listed on attached sheet. The Court went over some housekeeping matters with counsel with regard to the jury trial. The Court made rulings on several more objections to exhibits. Parties to meet and confer on more objections. Hearing adjourned. (Attachments: #1 List of counsel) (Court Reporter Jody Stewart, OCR.)(cdod, )
April 17, 2023 Filing 2097 REPLY to Response to Motion re #2044 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2032 Transcript,,, (Defendants' Objections and Memorandum In Support Of Objections To Ruling Regarding Admissibility Of Defendants' Trial Exhibit 216) (filed (Filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
April 17, 2023 Set Hearings: Discovery Hearing/ Status Conference set for 4/17/2023 at 12:00 PM in Norfolk Mag Courtroom 1 w/OCR before Magistrate Judge Douglas E. Miller. (cdod, )
April 14, 2023 Filing 2088 MOTION HEARING HELD on 4/14/2023 re #2026 Objections to Magistrate Judge's Ruling or Recommendation re #2000 Order on Motion in Limine and #2029 Objections to Magistrate Judge's Ruling or Recommendation re #2000 Order on Motion in Limine before District Judge Rebecca Beach Smith. (Court Reporter Jody Stewart.) Counsel present (see attachment to minutes for list of counsel present. Comments of court heard. Arguments of counsel heard. Court to prepare Opinion and Order. Court adjourned.(tamarm, )
April 14, 2023 Opinion or Order Filing 2087 ORDER granting #2062 Motion for Pro hac vice for Stephen Christopher Whittaker 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 04/14/2023. (tlev, )
April 14, 2023 Opinion or Order Filing 2086 FINAL PRETRIAL ORDER. Signed by Magistrate Judge Douglas E. Miller on 4/14/2023. (tamarm, )
April 13, 2023 Filing 2085 Declaration re #2084 Response to Motion,,, Declaration of Kristen Johnson in Support of Direct Purchasers' Response to Defendants' Motion to Seal by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
April 13, 2023 Filing 2084 RESPONSE to Motion re #2046 MOTION to Seal (Defendants' Motion to Seal Portions of Defendants' Objections to Ruling Regarding Reopening the 30(B)(6) Depositions of Cardinal, McKesson, and Amerisource and Certain Exhibits to the Declaration Filed in Support) filed on behalf of Direct Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William)
April 13, 2023 Opinion or Order Filing 2078 NOTICE ORDER NO. 2 - The court hereby gives Notice to all counsel of record of the logistical, administrative, and case management matters outlined herein regarding: 1) "eleventh-hour" motions, inquiries, and matters to be resolved by the court before trial, currently scheduled to begin on 4/17/2023. In order to resolve the surge of "eleventh-hour" matters, the trial with jury selection will not begin until 4/18/2023 at 11:00 a.m.; 2) Electronic Equipment; and 3) the completion of rulings on exhibits and deposition designations for the Final Pretrial Order. If not completed this week, the parties shall convene with Judge Miller on 4/17/2023, to finish the process. Signed by District Judge Rebecca Beach Smith on 4/13/2023. (tamarm, )
April 13, 2023 Jury Trial reset for 4/18/2023 at 11:00 AM in Norfolk Courtroom 4 before District Judge Rebecca Beach Smith. (tamarm, )
April 12, 2023 Administrative and Logistical Conference consisting of a physical and visual walk through and review of the available space and accomodations in the courtroom for counsel, witnesses, and the jury, as well as available attorneys' conference rooms and witness room. No substantive matters addressed. Present were local counsel, William H. Monroe, Jr.; James A. Cales, III; John F. Sawyer; Stephen E. Noona; Richard H. Ottinger, together with the Court, Courtroom Deputy, Judicial Assistant, and Law Clerk. SEE Notice Order, ECF No. #2041 . (tamarm, )
April 12, 2023 Filing 2071 Response to #2059 Memorandum,,, (Defendants' Response To Plaintiffs' Memorandum Of Law Concerning The Remaining Objections To The Parties' Expect To Use Exhibits)(filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
April 12, 2023 Filing 2070 Objection to #2040 Order on Motion in Limine,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,,,, Purchasers' Objections and Memorandum in Support of Objections to Order Denying Purchasers' Motion in Limine No. 14 filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
April 12, 2023 Filing 2069 Opposition to #2043 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2040 Order on Motion in Limine,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,,,, #2031 Transcript,,, #2033 Docket Call,, Defendants Purchasers Opposition To Defendants Objections to the Order Granting Purchasers' Motion in Limine No. 13 filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
April 12, 2023 Opinion or Order Filing 2068 ORDER re #2049 Objections to Magistrate Judge's Ruling. Defendants' objections are OVERRULED and the Magistrate Judge's ruling is AFFIRMED. Signed by District Judge Rebecca Beach Smith on 4/12/2023. (tamarm, )
April 11, 2023 Opinion or Order Filing 2063 MEMORANDUM OPINION AND ORDER denying Plaintiff's #1806 Motion in Limine No. 15. Objections to specific evidence related to Defendants' claimed procompetitive justifications are reserved for trial. Signed by Magistrate Judge Douglas E. Miller on 4/11/23. (jhie, )
April 11, 2023 Filing 2062 Motion to appear Pro Hac Vice by Stephen Christopher Whittaker and Certification of Local Counsel Stephen Edward Noona by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
April 11, 2023 Filing 2061 TRANSCRIPT of proceedings held on 4-10-2023, 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 5/11/2023. Redacted Transcript Deadline set for 6/12/2023. Release of Transcript Restriction set for 7/10/2023.(stewart, jody)
April 11, 2023 Notice of Correction re #2058 Motion to appear Pro Hac Vice by Stephen Christopher Whittaker and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-8884004. The motion does not match the docket entry regarding parties represented. Local counsel should refile the motion with the corrected information. Counsel should not pay a second fee. (tlev, )
April 10, 2023 Filing 2060 Opposition to #2044 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2032 Transcript,,, (Defendants' Objections and Memorandum In Support Of Objections To Ruling Regarding Admissibility Of Defendants' Trial Exhibit 216) (filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
April 10, 2023 Filing 2059 Memorandum of Law Concerning the Remaining Objections to the Parties' "Expect to Use" Exhibits filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
April 10, 2023 Filing 2058 Motion to appear Pro Hac Vice by Stephen Christopher Whittaker and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-8884004. by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
April 10, 2023 Opinion or Order Filing 2057 JOINT STIPULATED ORDER regarding Motions in Limine. Signed by Magistrate Judge Douglas E. Miller on 4/10/2023. (tamarm, )
April 10, 2023 Filing 2056 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Status Conference held on 4/10/2023. Matter came on for status conference before trial. Present via zoom were counsel as listed on attached sheet. Counsel discuss some last minute details and how they wish to handle these issues prior to the trial next week. A hearing is set for 4/13/2023 at 1:00 pm to continue going through objections to exhibits and deposition designations. The Court directed counsel to submit revised exhibit lists with the expect to use exhibits listed first bolded or made more discernible with the may use exhibits listed after. Counsel will submit these to the court by 4/12/23. Hearing adjourned. (Attachments: #1 List of Participating Counsel) (Court Reporter Jody Stewart, OCR.)(cdod, )
April 10, 2023 Filing 2055 Opposition to #2042 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2040 Order on Motion in Limine,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,,,, #2031 Transcript,,, #2033 Docket Call,, (Defendants filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
April 10, 2023 MOTIONS REFERRED to Magistrate Judge Miller: #2054 Joint MOTION Joint Motion and Memorandum In Support Of Joint Motion For Entry Of Stipulated Order On Motions In Limine re #2031 Transcript,,, #2032 Transcript,,, (Filed on behalf of all parties) (tamarm, )
April 10, 2023 Motion Hearing set as to #2026 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2000 Order on Motion in Limine, MIL No 19 (filed on behalf of Direct Purchasers and End Payer Class Plaintiffs)and #2029 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2000 Order on Motion in Limine for 4/14/2023 at 01:00 PM in Norfolk Courtroom 4 before District Judge Rebecca Beach Smith. (tamarm, )
April 10, 2023 Set Hearings: Status Conference set for 4/13/2023 at 01:00 PM in Norfolk Mag Courtroom 1 w/OCR before Magistrate Judge Douglas E. Miller. (cdod, )
April 9, 2023 Filing 2054 Joint MOTION Joint Motion and Memorandum In Support Of Joint Motion For Entry Of Stipulated Order On Motions In Limine re #2031 Transcript,,, #2032 Transcript,,, (Filed on behalf of all parties) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Stipulated Order))(Noona, Stephen)
April 7, 2023 Filing 2053 Response to the #2041 Notice Orde'sr Restrictions on Discussion of Mylan Evidence and Request for a Pretrial Hearing Under Fed. Rule of Evidence 104 (Filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen) Modified text to reflect title of pleading on 4/10/2023 (tamarm, ).
April 6, 2023 Filing 2052 Sealed Attachment/Exhibit(s) re #2050 Declaration,, #2046 MOTION to Seal (Defendants' Motion to Seal Portions of Defendants' Objections to Ruling Regarding Reopening the 30(B)(6) Depositions of Cardinal, McKesson, and Amerisource and Certain Exhibits to the Declaration Filed in Support). (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6)(Noona, Stephen)
April 6, 2023 Filing 2051 Sealed Document re #2046 MOTION to Seal (Defendants' Motion to Seal Portions of Defendants' Objections to Ruling Regarding Reopening the 30(B)(6) Depositions of Cardinal, McKesson, and Amerisource and Certain Exhibits to the Declaration Filed in Support), #2049 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2032 Transcript,,, (Defendants' Objections and Memorandum In Support Of Objections To Ruling Regarding Reopening The 30(B)(6) Depositions Of Cardinal, McKesson, an. (Noona, Stephen)
April 6, 2023 Filing 2050 Declaration re #2049 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2032 Transcript,,, (Defendants' Objections and Memorandum In Support Of Objections To Ruling Regarding Reopening The 30(B)(6) Depositions Of Cardinal, McKesson, an (of Chritopher D. Dusseault) (filed on behalf of Merck and Glenmark Defendants)(Public Version) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #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))(Noona, Stephen)
April 6, 2023 Filing 2049 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2032 Transcript,,, (Defendants' Objections and Memorandum In Support Of Objections To Ruling Regarding Reopening The 30(B)(6) Depositions Of Cardinal, McKesson, and Amerisource (filed on behalf of Merck and Glenmark Defendants)(Public Version) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
April 6, 2023 Filing 2048 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 #2046 MOTION to Seal (Defendants' Motion to Seal Portions of Defendants' Objections to Ruling Regarding Reopening the 30(B)(6) Depositions of Cardinal, McKesson, and Amerisource and Certain Exhibits to the Declaration Filed in Support) (Filed on behalf of Merck and Glenmark Defendants) (Noona, Stephen)
April 6, 2023 Filing 2047 Memorandum in Support re #2046 MOTION to Seal (Defendants' Motion to Seal Portions of Defendants' Objections to Ruling Regarding Reopening the 30(B)(6) Depositions of Cardinal, McKesson, and Amerisource and Certain Exhibits to the Declaration Filed in Support) (Filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
April 6, 2023 Filing 2046 MOTION to Seal (Defendants' Motion to Seal Portions of Defendants' Objections to Ruling Regarding Reopening the 30(B)(6) Depositions of Cardinal, McKesson, and Amerisource and Certain Exhibits to the Declaration Filed 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)
April 6, 2023 Filing 2045 Declaration re #2044 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2032 Transcript,,, (Defendants' Objections and Memorandum In Support Of Objections To Ruling Regarding Admissibility Of Defendants' Trial Exhibit 216) (filed (of Samuel G. Liversidge) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
April 6, 2023 Filing 2044 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2032 Transcript,,, (Defendants' Objections and Memorandum In Support Of Objections To Ruling Regarding Admissibility Of Defendants' Trial Exhibit 216) (filed on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
April 5, 2023 Filing 2043 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2040 Order on Motion in Limine [Defendants' Objections And Memorandum In Support Of Objections To Order Granting Plaintiffs' Motion In Limine #13 To Exclude The Opinions Of Securities Analysts Regarding The Merits Of The Glenmark Patent Litigation (filed on behalf of both Merck and Glenmark Defendants)] by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
April 5, 2023 Filing 2042 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2040 Order on Motion in Limine[Defendants' Objections and Memorandum In Support Of Objections To Ruling On Defendants' Motion In Limine No. 15 To Preclude Plaintiffs From Presenting Evidence Or Argument In Support Of Their Abandoned Causation Theories Or Presenting Evidence Or Argument That The Anticompetitive Harm Of The Settlement Was That Merck Avoided The Risk Of Patent Invalidation By Obtaining Dismissal Of Glenmark's Invalidity Challenge In The Settlement (filed on behalf of both Merck and Glenmark Defendants)] by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. (Noona, Stephen)
April 5, 2023 Opinion or Order Filing 2041 NOTICE ORDER. Trial of this case is scheduled to begin on Monday, April 17, 2023, at 11:00 a.m. and continue for approximately four to five weeks. The court hereby gives Notice to all counsel of record of the logistical and administrative matters outlined herein regarding: 1) Electronic Device Requests and the Court's Evidence Presentation System; 2) Requests from Counsel for Attorneys' Conference Rooms; 3) Rules of Civility at Trial; 4) Voir Dire and Jury Selection; 5) Opening Statements; 6) Time Allocation for Trial; 7) Trial Schedule; 8) Food in the Courthouse and 9) Other Matters. Counsel shall govern themselves and the parties they represent regarding this Notice Order. Signed by District Judge Rebecca Beach Smith on 4/5/23. (jhie, )
April 5, 2023 Opinion or Order Filing 2040 OMNIBUS ORDER granting in part and denying in part #1804 Motion in Limine; granting in part #1931 Motion for Live Trial Testimony Via Contemporaneous Video Transmission; granting #1822 Motion in Limine No. 3; granting in part and denying in part #1822 Motion in Limine No. 5; granting #1804 Motion in Limine No. 6; granting in part and denying in part #1804 Motion in Limine No. 9; granting in part and denying in part #1822 Motion in Limine No. 9; denying #1822 Motion in Limine No. 10; granting in part and denying in part #1806 Motion in Limine No. 12; granting #1806 Motion in Limine No. 13; granting in part and denying in part #1832 Motion in Limine No. 13; denying #1806 Motion in Limine No. 14; denying #1834 Motion in Limine No. 14; taking under advisement #1806 Motion in Limine No. 15; granting in part and denying in part #1837 Motion in Limine No. 15; denying #1806 Motion in Limine No. 16; denying #1839 Motion in Limine No. 16; granting in part and denying in part #1815 Motion in Limine No. 17; denying #1842 Motion in Limine No. 17; denying #1815 Motion in Limine No. 18; and granting #1983 Motion to Allocate Trial Time. Signed by Magistrate Judge Douglas E. Miller on 4/5/23. (jhie, )
April 3, 2023 Filing 2039 REPLY to Response to Motion re #2026 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2000 Order on Motion in Limine, MIL No 19 (filed on behalf of Direct Purchasers and End Payer Class Plaintiffs) filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
April 3, 2023 Filing 2038 REPLY in Support re #2029 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2000 Order on Motion in Limine, filed by Albertsons Companies, Inc., CVS Pharmacy, Inc., Giant Eagle, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Sawyer, John)
March 31, 2023 Filing 2037 Opposition to #2029 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2000 Order on Motion in Limine, , #2026 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2000 Order on Motion in Limine, MIL No 19 (filed on behalf of Direct Purchasers and End Payer Class Plaintiffs) (Defendants' Response To Plaintiffs' Objections To The Memorandum Opinion and Order Denying Plaintiffs' Motion In Limine No 19 (Filed on behalf Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
March 31, 2023 Opinion or Order Filing 2036 ORDER granting in part and denying in part #1804 Motion in Limine; denying #1806 Motion in Limine; denying #1822 Motion in Limine; denying #1830 Motion in Limine; denying #1844 Motion in Limine; denying #1847 Motion in Limine; denying #1849 Motion in Limine; denying #1852 Motion in Limine; denying #1855 Motion in Limine; denying #1858 Motion in Limine; denying #1861 Motion in Limine. Signed by Magistrate Judge Douglas E. Miller on 3/31/2023. (tamarm, )
March 31, 2023 Filing 2035 NOTICE of Appearance by Clark James Belote on behalf of MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. (Belote, Clark)
March 30, 2023 MOTIONS REFERRED to Magistrate Judge Miller: #2018 MOTION to Seal Portions of Direct Purchasers Memorandum in Support of Motion to Preclude Improper Argument and Evidence About the National Wholesalers' Use of Non-Party Publications and Exhibits to the Declaration of Thomas M. Sobol in Support (tamarm, )
March 28, 2023 Filing 2032 TRANSCRIPT of Proceedings, Final Pretrial Conference, Day 2, held on 3/23/23, 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 4/27/2023. Redacted Transcript Deadline set for 5/30/2023. Release of Transcript Restriction set for 6/26/2023.(mcmanus, paul)
March 28, 2023 Filing 2031 TRANSCRIPT of proceedings (Part I of Final Pretrial) held on 3-22-2023, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 4/27/2023. Redacted Transcript Deadline set for 5/30/2023. Release of Transcript Restriction set for 6/26/2023.(stewart, jody)
March 24, 2023 Filing 2030 Memorandum in Support re #2029 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2000 Order on Motion in Limine, filed by Albertsons Companies, Inc., CVS Pharmacy, Inc., Giant Eagle, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Sawyer, John)
March 24, 2023 Filing 2029 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2000 Order on Motion in Limine, by Albertsons Companies, Inc., CVS Pharmacy, Inc., Giant Eagle, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Sawyer, John)
March 24, 2023 Filing 2028 Objection to #2000 Order on Motion in Limine, filed by Albertsons Companies, Inc., CVS Pharmacy, Inc., Giant Eagle, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Sawyer, John) Modified on 3/27/2023; Document removed - refiled correctly at ECF #2029 (tamarm, ).
March 23, 2023 Filing 2034 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Docket Call held on 3/23/2023. Matter came on for day two of motions hearing and final pretrial conference. Counsel present as listed on attached list. Argument on motion to allocate trial time (#1983). Court GRANTED the motion. Rulings made on the record. Counsel argued remaining motions in limine. Court made rulings on the record. The Court will issue an order regarding purchasers #15. Court heard argument on 30(b)(6) dispute and made rulings. Court goes through exhibits and objections to exhibits. Rulings made on the record. Counsel directed to file expedited response to the objections to the Mylan ruling. Counsel to meet and confer and advise the Court if another date is needed for pretrial matters. Purchasers Exhibit #1 to MIL #15 Admitted Hearing adjourned. (Attachments: #1 List of Counsel, #2 Exhibit) (Court Reporter Paul McManus, OCR.)(cdod, )
March 23, 2023 Filing 2027 Memorandum in Support re #2026 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2000 Order on Motion in Limine, MIL No 19 (filed on behalf of Direct Purchasers and End Payer Class Plaintiffs) filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
March 23, 2023 Filing 2026 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #2000 Order on Motion in Limine, MIL No 19 (filed on behalf of Direct Purchasers and End Payer Class Plaintiffs) by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
March 22, 2023 Filing 2033 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Docket Call held on 3/22/2023. Matter came on for hearing on pending motions in limine (#1804, 1806, 1815, 1822, 1832, 1837, 1842), motion to allocate trial time (#1983) and for live trial testimony (#1931). Counsel present as listed on attached sheet. Counsel argued the motions and Court made rulings on the record. Parties discussed the agenda for day two of the hearings. Hearing adjourned. (Attachments: #1 List of Counsel) (Court Reporter Jody Stewart, OCR.)(cdod, )
March 22, 2023 Filing 2025 Withdrawal of Motion by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. re #2015 MOTION to Preclude Improper Argument and Evidence About the National Wholesalers' Use of Non-Party Publications filed on behalf of Direct Purchasers (Monroe, William)
March 22, 2023 Opinion or Order Filing 2024 ORDER granting #2010 Motion for Pro hac vice for Meredith Sheree Simons on behalf of 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 3/22/2023. (awoo, )
March 22, 2023 Filing 2023 Defendants' Statement in Support of Their Proposed Preliminary Jury Instructions by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Appendix Defendants' Revised Joint Proposed Jury Instructions)(Ottinger, Richard) Modified title of document on 3/22/2023 (tamarm, ).
March 22, 2023 Filing 2022 Declaration re #2018 MOTION to Seal Portions of Direct Purchasers Memorandum in Support of Motion to Preclude Improper Argument and Evidence About the National Wholesalers' Use of Non-Party Publications and Exhibits to the Declaration of Thomas M. Sobol in Support Declaration of Kristen Johnson in Support of Motion to Seal (ECF 2018) by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
March 22, 2023 Filing 2021 Memorandum in Support re #2018 MOTION to Seal Portions of Direct Purchasers Memorandum in Support of Motion to Preclude Improper Argument and Evidence About the National Wholesalers' Use of Non-Party Publications and Exhibits to the Declaration of Thomas M. Sobol in Support filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
March 22, 2023 Filing 2020 Sealed Memorandum in Support re #2018 MOTION to Seal Portions of Direct Purchasers Memorandum in Support of Motion to Preclude Improper Argument and Evidence About the National Wholesalers' Use of Non-Party Publications and Exhibits to the Declaration of Thomas M. Sobol in Support. (Attachments: #1 Exhibit 1., #2 Exhibit 2., #3 Exhibit 3.)(Monroe, William)
March 22, 2023 Filing 2019 Notice of Filing Sealing Motion LCvR5(C) by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. re #2018 MOTION to Seal Portions of Direct Purchasers Memorandum in Support of Motion to Preclude Improper Argument and Evidence About the National Wholesalers' Use of Non-Party Publications and Exhibits to the Declaration of Thomas M. Sobol in Support (Monroe, William)
March 22, 2023 Filing 2018 MOTION to Seal Portions of Direct Purchasers Memorandum in Support of Motion to Preclude Improper Argument and Evidence About the National Wholesalers' Use of Non-Party Publications and Exhibits to the Declaration of Thomas M. Sobol in Support by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William)
March 22, 2023 Filing 2017 Declaration re #2015 MOTION to Preclude Improper Argument and Evidence About the National Wholesalers' Use of Non-Party Publications filed on behalf of Direct Purchasers Declaration of Thomas M. Sobol in support of Direct Purchasers' Motion to Preclude Improper Argument and Evidence About the National Wholesalers' Use of Non-Party Publications by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit 1. Filed Under Seal, #2 Exhibit 2. Filed Under Seal, #3 Exhibit 3. Filed Under Seal, #4 Exhibit 4. List of Topics)(Monroe, William) (Main Document 2017 replaced on 3/22/2023 per counsel's request) (tamarm, ).
March 22, 2023 Filing 2016 Memorandum in Support re #2015 MOTION to Preclude Improper Argument and Evidence About the National Wholesalers' Use of Non-Party Publications filed on behalf of Direct Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
March 22, 2023 Filing 2015 (Motion Withdrawn at ECF #2025 ) MOTION to Preclude Improper Argument and Evidence About the National Wholesalers' Use of Non-Party Publications filed on behalf of Direct Purchasers by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William) Modified on 3/23/2023 (tamarm, ).
March 22, 2023 Filing 2014 Purchasers' Joint Position Statement on the Proposed Preliminary Jury Instructions by Albertsons Companies, Inc., All End Payer Plaintiffs, AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, CVS Pharmacy, Inc., Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., FWK Holdings, LLC, Giant Eagle, Inc., H.D. Smith, LLC, HEB Grocery Company L.P., J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., The Kroger Co., Valley Wholesale Drug Company, LLC, Value Drug Company, Walgreen Co., Wegmans Food Markets, Inc.. (Sawyer, John) Modified title of document on 3/22/2023 (tamarm, ). (Additional attachment(s) added per counsel's request on 3/22/2023: #1 Appendix Party Positions Summary Table) (tamarm, ).
March 22, 2023 Filing 2013 NOTICE by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. Notice to the Court of Direct Purchasers' Motion to Preclude Improper Argument and Evidence About the National Wholesalers' Use of Non-Party Publications (Monroe, William)
March 22, 2023 Opinion or Order Filing 2012 ORDER granting #2001 Motion for Pro hac vice for Jillian London on behalf of MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp.,Schering Corp., and Schering-Plough Corp.; granting #2003 Motion for Pro hac vice for Courtney Lee Spears on behalf of 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 3/22/2023. (Attachments: #1 Spears order) (awoo, )
March 21, 2023 Filing 2011 NOTICE by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd. Notice of Filing Revised Proposed Verdict Sheet (Attachments: #1 Supplement Attachment: Revised Proposed Special Verdict Form)(Ottinger, Richard)
March 21, 2023 Filing 2010 Motion to appear Pro Hac Vice by Meredith Sheree Simons and Certification of Local Counsel Stephen Edward Noona by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
March 21, 2023 Filing 2009 Defendants' Position Statement and Proposed Agenda for Final Pretrial Conference (March 22-23, 2023) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. &i(filed on behalf of Merck and Glenmark Defendants) (Noona, Stephen) Modified title of document on 3/22/2023 (tamarm, ).
March 21, 2023 Filing 2008 Purchasers' Position Statement and Proposed Agenda for Final Pretrial Conference (March 22-23, 2023) by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. (Monroe, William) Modified title of document on 3/22/2023 (tamarm, ).
March 21, 2023 Filing 2007 NOTICE by Albertsons Companies, Inc., All End Payer Plaintiffs, AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, CVS Pharmacy, Inc., Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., FWK Holdings, LLC, Giant Eagle, Inc., H.D. Smith, LLC, HEB Grocery Company L.P., J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., The Kroger Co., Valley Wholesale Drug Company, LLC, Value Drug Company, Walgreen Co., Wegmans Food Markets, Inc. OF FILING OF REVISED PROPOSED VERDICT SHEET (Attachments: #1 Supplement REVISED PROPOSED VERDICT SHEET)(Sawyer, John)
March 21, 2023 Notice of Correction re #2002 Motion to appear Pro Hac Vice by Meredith Sheree Simons and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-8850970. Counsel needs to put complete case number and complete party name represented on application. Counsel should not pay a second fee. (awoo, )
March 20, 2023 Filing 2006 Declaration re #2004 Reply to Motion,, Declaration of Thomas M. Sobol in Support of Purchasers' Reply in Support of Motion to Allocate Trial Time by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit 1.)(Monroe, William) (Main Document 2006 replaced on 3/21/2023 per counsel's request; document uploaded was not formatted correctly) (tamarm, ).
March 20, 2023 Filing 2005 NOTICE by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd. re #1823 Memorandum in Support, #1809 Memorandum in Support,,, #1816 Memorandum in Support,,, #1805 Memorandum in Support,,, Defendants Merck & Co., Inc., Merck Sharp & Dohme f/k/a Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., MSP Singapore Co. LLC, Glenmark Pharmaceuticals Limited and Glenmark Pharmaceuticals Inc., USA's Joint Notice of Filing of Supplemental Authority Relating to Motions in Limine (Attachments: #1 Exhibit Exhibit A - March 19, 2023 Opinion)(Ottinger, Richard)
March 20, 2023 Filing 2004 Reply to Motion re #1983 MOTION To Allocate Trial Time filed on behalf of all Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
March 20, 2023 Filing 2003 Motion to appear Pro Hac Vice by Courtney Lee Spears and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-8851613. by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
March 20, 2023 Filing 2002 Motion to appear Pro Hac Vice by Meredith Sheree Simons and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-8850970. by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
March 20, 2023 Filing 2001 Motion to appear Pro Hac Vice by Jillian London and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-8850953. by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
March 17, 2023 Opinion or Order Filing 2000 MEMORANDUM OPINION AND ORDER - Defendants' motion in limine No. 19 (ECF No. #1817 ) is DENIED. Objections to specific evidence related to the Mylan case are reserved for trial. Signed by Magistrate Judge Douglas E. Miller on 3/17/2023. (tamarm, )
March 17, 2023 Filing 1999 Memorandum in Opposition re #1983 MOTION To Allocate Trial Time filed on behalf of all Purchasers Defendants Merck & Co., Inc., Merck Sharp & Dohme f/k/a Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., MSP Singapore Co. LLC, Glenmark Pharmaceuticals Limited and Glenmark Pharmaceuticals Inc., USA's Memorandum in Opposition filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
March 16, 2023 Opinion or Order Filing 1998 ORDER granting #1996 Motion for Pro hac vice for Zachary Matthew Winkler as to CVS Pharmacy, Inc., Rite Aid Corporation and Rite Aid Hdqtrs. Corp. Signed by District Judge Rebecca Beach Smith on 03/16/2023. (tlev, )
March 16, 2023 Filing 1997 Response to Defendants' "Slide" Submission, filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
March 15, 2023 Filing 1996 Motion to appear Pro Hac Vice by Zachary Matthew Winkler and Certification of Local Counsel John F. Sawyer Filing fee $ 75, receipt number AVAEDC-8845763. by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.. (Sawyer, John)
March 14, 2023 Opinion or Order Filing 1995 ORDER denying #1807 Motion to Bifurcate. The upcoming trial is to be structured in a single phase, before a single jury. Signed by District Judge Rebecca Beach Smith on 3/14/2023. (tamarm, )
March 14, 2023 Opinion or Order Filing 1994 ORDER re #1687 Objections to Magistrate Judge's Ruling or Recommendation and #1688 Objections to Magistrate Judge's Ruling or Recommendation. Defendants' Nos. #1687 and #1688 Objections are OVERRULED and Judge Miller's thorough and well-reasoned Orders, ECF Nos. #1648 and #1649 are AFFIRMED. Signed by District Judge Rebecca Beach Smith on 3/14/2023. (tamarm, )
March 14, 2023 Filing 1993 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Telephone Conference held on 3/14/2023. Matter came on for a telephone conference for clarification of the Courts rulings made Regarding the depositions of Krishan and Maffia. Present by telephone were Tom Sobol, Bill Monroe and Erin Burns for the Direct Purchaser Plaintiffs, Alan Rashkind and Jim Cales for the End Payor Plaintiffs, John Sawyer and Lauren Ravkind for the Retailer Plaintiffs, Stephen Noona and Chris Dusseault for Merck, and Devora Allon, Kevin Neylan and Richard Ottinger for Glenmark. Counsel presented their arguments. Glenmark stipulated that they did not intend to call Maffia, therefore, no deposition will be scheduled. The Court denied plaintiffs request to require further disclosure of trial exhibits and declined to preclude, in advance, any use of Krishan deposition transcript. The plaintiff will confirm their intention regarding the Krishan deposition by 3/17/23. Call adjourned. (cdod, )
March 13, 2023 MOTIONS REFERRED to Magistrate Judge Miller: #1978 Joint MOTION to Seal Exhibit 5 of Declaration of Richard Ottinger in Support of Defendants' Memorandum in Opposition to Plaintiffs' Motion for Live Trial Testimony Via Contemporaneous Video Transmission (Dkt. 1976) (tamarm, )
March 9, 2023 Opinion or Order Filing 1991 ORDER denying #1870 Motion to disallow evidence from Defendants' contested Rule 26(a)(3) pretrial disclosures. The court also DIRECTS that Mr. Krishan and Mr. Maffia sit for a deposition with Plaintiffs if, within 48 hours of the March 8, 2023 hearing, Plaintiffs communicate to Defendants that they wish to depose them. Signed by Magistrate Judge Douglas E. Miller on 3/9/2023. (tamarm, )
March 9, 2023 Opinion or Order Filing 1990 ORDER re #1804 MOTION in Limine. The court DIRECTS the parties to meet and confer regarding the schedule and trial availability of the witnesses Plaintiffs identified at the hearing on 3/8/2023 who Defendants may or will call live. Cross examination of any such witness called to testify live in Plaintiffs' case-in-chief may exceed the scope of direct examination to minimize the burdenon the witness. Plaintiffs' separate motion to compel live remote testimony from witnesses beyond the subpoena power of this court who do not intend to testify live for any party remains pending. (ECF No. #1931 ). Signed by Magistrate Judge Douglas E. Miller on 3/9/2023. (tamarm, )
March 9, 2023 MOTIONS REFERRED to Magistrate Judge Miller: #1951 MOTION to Seal Exhibit 1 to the Declaration of Thomas Sobol in Support of Purchasers' Trial Brief, #1964 MOTION to Seal - MOTION to Seal Exhibits 3-9 to the Declaration of Richard H. Ottinger in Support of Glenmark's Trial Brief (tamarm, )
March 9, 2023 MOTIONS REFERRED to Magistrate Judge Miller: #1931 MOTION For Live Trial Testimony Via Contemporaneous Video Transmission filed on behalf of Purchasers (tamarm, )
March 8, 2023 Filing 1992 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 3/8/2023 re #1807 MOTION to Bifurcate on behalf of Retailer and Direct Purchaser Plaintiffs filed by Dakota Drug, Inc., J M Smith Corporation, Louisiana Wholesale Drug Co., Inc., Rite Aid Hdqtrs. Corp., HEB Grocery Company L.P., Burlington Drug Company, Inc., Walgreen Co., Giant Eagle, Inc., The Kroger Co., Prescription Supply, Inc., Value Drug Company, CVS Pharmacy, Inc., Albertsons Companies, Inc., Rite Aid Corporation, North Carolina Mutual Wholesale Drug Company, #1870 MOTION To Disallow Improper Pretrial Disclosures filed on behalf Purchasers filed by Wegmans Food Markets, Inc., AmerisourceBergen Drug Corporation, Supervalu, Inc., McKesson Corporation, Cardinal Health P.R. 120, Inc., SUPERVALU, Inc., Meijer Distribution, Inc., FWK Holdings, LLC, Valley Wholesale Drug Company, LLC, Cardinal Health, Inc., H.D. Smith, LLC, KPH Healthcare Services, Inc., Smith Medical Partners, LLC, MLI RX, LLC, AmerisourceBergen Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, The Harvard Drug Group, L.L.C., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, #1817 MOTION in Limine #19 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs filed by Wegmans Food Markets, Inc., AmerisourceBergen Drug Corporation, Supervalu, Inc., McKesson Corporation, Cardinal Health P.R. 120, Inc., SUPERVALU, Inc., Meijer Distribution, Inc., FWK Holdings, LLC, Valley Wholesale Drug Company, LLC, Cardinal Health, Inc., H.D. Smith, LLC, KPH Healthcare Services, Inc., Smith Medical Partners, LLC, MLI RX, LLC, AmerisourceBergen Corporation, Meijer, Inc., The Harvard Drug Group, L.L.C., CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, #1804 MOTION in Limine 1 to 10 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs filed by Wegmans Food Markets, Inc., AmerisourceBergen Drug Corporation, Supervalu, Inc., McKesson Corporation, Cardinal Health P.R. 120, Inc., SUPERVALU, Inc., Meijer Distribution, Inc., FWK Holdings, LLC, Valley Wholesale Drug Company, LLC, Cardinal Health, Inc., H.D. Smith, LLC, KPH Healthcare Services, Inc., Smith Medical Partners, LLC, MLI RX, LLC, AmerisourceBergen Corporation, Meijer, Inc., The Harvard Drug Group, L.L.C., CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. Matter came on for remote hearing on several pending matters. Present via zoom were counsel as listed on attached sheet. Court takes up housekeeping matters with all counsel. Mr. Refsin argued the Motion to Bifurcate (#1807). Ms. Allen, Mr. VanTine and Mr. Sobol responded. The motion was taken under advisement. Mr. Sobol argued the Motion to Disallow Untimely Disclosures (#1870). Mr. Neylan and Mr. Dusseault responded. The Court made rulings on the record and will enter a short order. Mr. Sobol argued the Motion in Limine to require defendants Merck and Glenmark To produce in the Purchasers case-in_chief the witnesses Defendants intend to present live at trial (#1804). Ms. Greenblatt and Ms. Allen responded. The Court made rulings on the record and will enter a short order. Tom Sobol argued the Motion in Limine to Exclude Evidence and Argument Regarding The Re461 Patent And the Results of the Mylan Case (#1817). Mr. Liversidge and Mr. Neylan responded. The Court took the matter under advisement and will issue an order. Hearing adjourned. (Attachments: #1 List of Participating Counsel) (Court Reporter Paul McManus, OCR.)(cdod, )
March 8, 2023 Filing 1989 Declaration re #1988 Reply to Response to Motion,,, Declaration of Thomas M. Sobol in Support of Purchasers' Motion for Live Trial Testimony Via Contemporaneous Video Transmission by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit 1., #2 Exhibit 2.)(Monroe, William)
March 8, 2023 Filing 1988 REPLY to Response to Motion re #1931 MOTION For Live Trial Testimony Via Contemporaneous Video Transmission filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
March 7, 2023 Filing 1987 Opposition to #1939 MOTION for Leave to File A Supplemental Memorandum in Support of Purchasers Motion in Limine No. 19 to Exclude Evidence and Argument Regarding the Re'461 Patent and the Results of the Mylan Case, filed on behalf of the Purchasers (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
March 6, 2023 Opinion or Order Filing 1986 ORDER - the court DIRECTS the parties to be prepared to argue the following motions at the hearing on 3/8/2023: #1807 MOTION to Bifurcate, #1870 MOTION To Disallow Improper Pretrial Disclosures, #1817 MOTION in Limine, and #1804 MOTION in Limine. Signed by Magistrate Judge Douglas E. Miller on 3/6/2023. (tamarm, )
March 3, 2023 Filing 1985 Declaration re #1983 MOTION To Allocate Trial Time filed on behalf of all Purchasers Declaration of Barry Refsin by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit 1.)(Monroe, William)
March 3, 2023 Filing 1984 Memorandum in Support re #1983 MOTION To Allocate Trial Time filed on behalf of all Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
March 3, 2023 Filing 1983 MOTION To Allocate Trial Time filed on behalf of all Purchasers by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William)
March 3, 2023 Opinion or Order Filing 1982 ORDER granting #1971 Motion for Pro hac vice for James R. P. Hileman as to Glenmark Pharmaceuticals Inc., USA and Glenmark Pharmaceuticals Ltd. Signed by District Judge Rebecca Beach Smith on 03/03/2023. (tlev, )
March 2, 2023 Filing 1981 Sealed Attachment/Exhibit(s) re #1976 Declaration,. (Ottinger, Richard)
March 2, 2023 Filing 1980 Notice of Filing Sealing Motion LCvR5(C) by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd. re #1978 Joint MOTION to Seal Exhibit 5 of Declaration of Richard Ottinger in Support of Defendants' Memorandum in Opposition to Plaintiffs' Motion for Live Trial Testimony Via Contemporaneous Video Transmission (Dkt. 1976), #1976 Declaration, (Ottinger, Richard)
March 2, 2023 Filing 1979 Memorandum in Support re #1978 Joint MOTION to Seal Exhibit 5 of Declaration of Richard Ottinger in Support of Defendants' Memorandum in Opposition to Plaintiffs' Motion for Live Trial Testimony Via Contemporaneous Video Transmission (Dkt. 1976) filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
March 2, 2023 Filing 1978 Joint MOTION to Seal Exhibit 5 of Declaration of Richard Ottinger in Support of Defendants' Memorandum in Opposition to Plaintiffs' Motion for Live Trial Testimony Via Contemporaneous Video Transmission (Dkt. 1976) by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Proposed Order Proposed Order)(Ottinger, Richard)
March 2, 2023 Filing 1977 NOTICE of Appearance by Elizabeth Scott Turner on behalf of Paul Campanelli (Turner, Elizabeth)
March 2, 2023 Filing 1976 Declaration re #1974 Memorandum in Opposition,, by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 - Filed Under Seal)(Ottinger, Richard)
March 2, 2023 Filing 1975 NOTICE of Appearance by Charles Kalman Seyfarth on behalf of Paul Campanelli (Seyfarth, Charles)
March 2, 2023 Filing 1974 Memorandum in Opposition re #1931 MOTION For Live Trial Testimony Via Contemporaneous Video Transmission filed on behalf of Purchasers Defendants Merck & Co., Inc., Merck Sharp & Dohme f/k/a Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp., MSP Singapore Co. LLC, Glenmark Pharmaceuticals Limited and Glenmark Pharmaceuticals Inc., USA's Joint Memorandum of Law in Opposition filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
March 2, 2023 Filing 1973 Memorandum in Opposition re #1931 MOTION For Live Trial Testimony Via Contemporaneous Video Transmission filed on behalf of Purchasers filed by Paul Campanelli. (Seyfarth, Charles)
March 2, 2023 Filing 1972 NOTICE by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. Joint Submission for March 8, 2023 Hearing filed on behalf of Plaintiffs and Defendants (Monroe, William)
March 2, 2023 Filing 1971 Motion to appear Pro Hac Vice by James R.P. Hileman and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number AVAEDC-8827137. by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
March 2, 2023 MOTIONS REFERRED to Magistrate Judge Miller: #1830 MOTION in Limine, #1834 MOTION in Limine, #1858 MOTION in Limine, #1842 MOTION in Limine, #1837 MOTION in Limine, #1849 MOTION in Limine, #1861 MOTION in Limine, #1828 MOTION in Limine , #1844 MOTION in Limine, #1839 MOTION in Limine, #1822 MOTION in Limine, #1855 MOTION in Limine, #1817 MOTION in Limine, #1847 MOTION in Limine, #1806 MOTION in Limine, #1852 MOTION in Limine, #1832 MOTION in Limine, #1815 MOTION in Limine, #1804 MOTION in Limine, (tamarm, )
March 1, 2023 Filing 1970 Amended Proposed Jury Instructions and Verdict Sheets by Albertsons Companies, Inc., CVS Pharmacy, Inc., Giant Eagle, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Sawyer, John) Modified text on 3/1/2023 (tamarm, ).
March 1, 2023 Filing 1969 Declaration re #1962 Trial Brief, #1964 MOTION to Seal - MOTION to Seal Exhibits 3-9 to the Declaration of Richard H. Ottinger in Support of Glenmark's Trial Brief (WITH CORRECTED EXHIBITS) by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Ottinger, Richard)
February 28, 2023 Filing 1968 Sealed Attachment/Exhibit(s) re 1963 Declaration,, 1967 Declaration,. (Attachments: #1 Exhibit 3, #2 Exhibit 4, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7, #6 Exhibit 8, #7 Errata 9)(Ottinger, Richard)
February 28, 2023 Filing 1967 Declaration re #1966 NOTICE, #1965 Memorandum in Support, #1962 Trial Brief, #1964 MOTION to Seal - MOTION to Seal Exhibits 3-9 to the Declaration of Richard H. Ottinger in Support of Glenmark's Trial Brief by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Ottinger, Richard) HModified on 3/1/2023; document removed per counsel's request; refiled correctly at ECF #1969 (tamarm, ).
February 28, 2023 Filing 1966 NOTICE by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd. re #1964 MOTION to Seal - MOTION to Seal Exhibits 3-9 to the Declaration of Richard H. Ottinger in Support of Glenmark's Trial Brief (Ottinger, Richard)
February 28, 2023 Filing 1965 Memorandum in Support re #1964 MOTION to Seal - MOTION to Seal Exhibits 3-9 to the Declaration of Richard H. Ottinger in Support of Glenmark's Trial Brief filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
February 28, 2023 Filing 1964 MOTION to Seal Exhibits 3-9 to the #1969 Declaration of Richard H. Ottinger in Support of Glenmark's Trial Brief by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard) Modified on 3/1/2023; linked motion to declaration (tamarm, ).
February 28, 2023 Filing 1963 Declaration re #1962 Trial Brief - Declaration of Richard H. Ottinger in Support of Glenmark's Trial Brief by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 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 Errata 9 (filed under seal), # 10 Exhibit 10)(Ottinger, Richard) Modified on 3/1/2023; document removed per counsel's request; refiled correctly at ECF #1969 (tamarm, ).
February 28, 2023 Filing 1962 TRIAL BRIEF filed on behalf of Glenmark by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
February 28, 2023 Filing 1961 Proposed Jury Instructions and Verdict Form by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William) Modified document title on 3/1/2023 (tamarm, ).
February 28, 2023 Filing 1960 Proposed Supplemental Jury Instructions and Verdict Forms by All End Payer Plaintiffs. (Attachments: #1 Exhibit No Citations)(Cales, James) Modified text (document title) on 3/1/2023 (tamarm, ).
February 28, 2023 Filing 1959 NOTICE by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd. re #1760 Pretrial Order, Glenmark's Initial Witness Summaries (Ottinger, Richard)
February 28, 2023 Filing 1958 Proposed Jury Instructions 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)(Noona, Stephen)
February 28, 2023 Filing 1957 NOTICE by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. Notice of Trial Witness Summaries filed on behalf of Purchasers (Monroe, William)
February 28, 2023 Filing 1956 Proposed Supplemental Voir Dire by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William) Modified document title on 3/1/2023 (tamarm, ).
February 28, 2023 Filing 1955 Proposed Jury Instructions and Verdict Form by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Ottinger, Richard) Modified document title on 3/1/2023 (tamarm, ).
February 28, 2023 Filing 1954 Memorandum in Support re #1951 MOTION to Seal Exhibit 1 to the Declaration of Thomas Sobol in Support of Purchasers' Trial Brief filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
February 28, 2023 Filing 1953 Sealed Attachment/Exhibit(s) re #1951 MOTION to Seal Exhibit 1 to the Declaration of Thomas Sobol in Support of Purchasers' Trial Brief. (Attachments: #1 Exhibit 1. Table 1)(Monroe, William)
February 28, 2023 Filing 1952 Notice of Filing Sealing Motion LCvR5(C) by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. re #1951 MOTION to Seal Exhibit 1 to the Declaration of Thomas Sobol in Support of Purchasers' Trial Brief (Monroe, William)
February 28, 2023 Filing 1951 MOTION to Seal Exhibit 1 to the Declaration of Thomas Sobol in Support of Purchasers' Trial Brief by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William)
February 28, 2023 Filing 1950 Declaration re #1949 Trial Brief,, Declaration of Thomas M. Sobol in Support of Purchasers' Trial Brief by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit 1. Filed Under Seal)(Monroe, William)
February 28, 2023 Filing 1949 TRIAL BRIEF filed on behalf of Purchasers by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
February 28, 2023 Filing 1948 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1760 Pretrial Order, (Merck's Notice Of Filing Of Fact Witness Summaries) (Attachments: #1 Exhibit 1)(Noona, Stephen)
February 28, 2023 Filing 1947 TRIAL BRIEF (Merck Defendants' Trial Brief) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
February 28, 2023 Filing 1946 Proposed Voir Dire by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
February 28, 2023 Filing 1945 Withdrawal of Motion by All End Payer Plaintiffs re #1825 MOTION to Bifurcate (Cales, James)
February 28, 2023 Filing 1944 Proposed Jury Instructions and Verdict Sheets by Albertsons Companies, Inc., CVS Pharmacy, Inc., Giant Eagle, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Sawyer, John) Modified title of document on 3/1/2023 (tamarm, ).
February 28, 2023 Filing 1943 Withdrawal of Motion by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. re #1807 MOTION to Bifurcate on behalf of Retailer and Direct Purchaser Plaintiffs Notice of Withdrawal on behalf of Direct Purchaser Plaintiffs (Monroe, William)
February 28, 2023 Filing 1942 TRANSCRIPT of video conference proceedings held on 2/24/2023, before Judge Douglas E. Miller, Court Reporter/Transcriber Paul McManus, Telephone number 757-222-7077. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/30/2023. Redacted Transcript Deadline set for 5/1/2023. Release of Transcript Restriction set for 5/30/2023.(mcmanus, paul)
February 24, 2023 Filing 1941 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Status Conference held on 2/24/2023. Matter came on for status conference to address several pretrial issues. Steve Noona, Samuel Liversidge, Ashley Johnson and Chris Dusseault present on behalf of Merck. Marvin Miller, Michael Buchman, Matthew VanTine, Alan Rashkind and Jim Cales present on behalf of End Payor Plaintiffs. Bill Monroe, Tom Sobol and Sharon Robertson present on behalf of Direct Purchaser Plaintiffs. Devora Allon and Kevin Neylan present on behalf of Glenmark. Barry Refsin, Scott Perwin and John Sawyer present for Retailer Plaintiffs. All present via zoom as primary speakers for the status conference. Counsel addressed their plans for mediation and settlement efforts in this matter. The Court added a second day for the final pretrial conference. The Court will now hold the final pretrial conference on March 22 and March 23. Counsel are directed to confer and submit to the Court, by 3/2/23, the narrowed down/remaining issues that will need to be argued. Argument/status conference set for 3/8/23 at 10:00 am. Hearing adjourned. (Court Reporter Paul McManus, OCR.)(cdod, )
February 24, 2023 Filing 1940 Memorandum in Support re #1939 MOTION for Leave to File A Supplemental Memorandum in Support of Purchasers Motion in Limine No. 19 to Exclude Evidence and Argument Regarding the Re'461 Patent and the Results of the Mylan Case, filed on behalf of the Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit 1. Supplemental Memorandum in Support of MIL 19)(Monroe, William)
February 24, 2023 Filing 1939 MOTION for Leave to File A Supplemental Memorandum in Support of Purchasers Motion in Limine No. 19 to Exclude Evidence and Argument Regarding the Re'461 Patent and the Results of the Mylan Case, filed on behalf of the Purchasers by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William)
February 24, 2023 MOTIONS REFERRED to Magistrate Judge Miller: #1927 MOTION for Leave to File Reply Brief in Support of Motion in Limine 20 (tamarm, )
February 24, 2023 Set Hearings: Continuation of Final Pretrial Conference set for 3/23/2023 at 10:00 AM in Norfolk Courtroom 1 before Magistrate Judge Douglas E. Miller. (cdod, )
February 24, 2023 Set Remote Hearing (CV Magistrate)Members of the public wishing to listen to remote proceedings should call the Norfolk Division at 757-222-7222 before the hearing for instructions on how to listen to the proceedings. Recording of court proceedings of any kind is prohibited. Status Conferenc/ Motion hearing w/OCR set for 3/8/2023 at 10:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
February 24, 2023 Set Hearings: Final Pretrial Conference set for 3/22/2023 at 10:00 AM in Norfolk Courtroom 1 before Magistrate Judge Douglas E. Miller. (Entry edited to note location of conference) (cdod, )
February 24, 2023 MOTIONS REFERRED to Magistrate Judge Miller: #1870 MOTION To Disallow Improper Pretrial Disclosures filed on behalf Purchasers (tamarm, )
February 23, 2023 Filing 1938 NOTICE by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. re #1934 Order - Purchasers' Submission for February 24, 2023 Status Conference filed on behalf of Purchasers (Monroe, William)
February 23, 2023 Filing 1937 REPLY to Response to Motion re #1927 MOTION for Leave to File Reply Brief in Support of Motion in Limine 20 filed by All End Payer Plaintiffs. (Cales, James)
February 17, 2023 Filing 1936 Opposition to #1927 MOTION for Leave to File Reply Brief in Support of Motion in Limine 20 (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
February 16, 2023 Opinion or Order Filing 1935 ORDER granting #1930 Motion for Pro hac vice for Susan Segura as to Burlington Drug Company, Inc., Dakota Drug, Inc., J M Smith Corporation, Louisiana Wholesale Drug Co., Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc. and Value Drug Company. Signed by District Judge Rebecca Beach Smith on 02/16/2023. (tlev, )
February 16, 2023 Opinion or Order Filing 1934 ORDER noting the court's intentions re Status Conference set for 2/24/2023 at 10:30 a.m. Signed by Magistrate Judge Douglas E. Miller on 2/16/2023. (tamarm, )
February 16, 2023 Filing 1933 Memorandum in Support re #1931 MOTION For Live Trial Testimony Via Contemporaneous Video Transmission filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
February 16, 2023 Filing 1932 Declaration re #1931 MOTION For Live Trial Testimony Via Contemporaneous Video Transmission filed on behalf of Purchasers Declaration of Thomas M. Sobol by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit 1. Hester Dep, #2 Exhibit 2. Mercks Am Witness List, #3 Exhibit 3. GMs Am Witness List, #4 Exhibit 4. GMs 2020 Witness List, #5 Exhibit 5. Soni Dep, #6 Exhibit 6. Campanelli Dep, #7 Exhibit 7. Matukaitis Dep)(Monroe, William)
February 16, 2023 Filing 1931 MOTION For Live Trial Testimony Via Contemporaneous Video Transmission filed on behalf of Purchasers by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William)
February 15, 2023 Filing 1930 Motion to appear Pro Hac Vice by Susan Segura and Certification of Local Counsel John F. Sawyer Filing fee $ 75, receipt number AVAEDC-8804465. by Burlington Drug Company, Inc., Dakota Drug, Inc., J M Smith Corporation, Louisiana Wholesale Drug Co., Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Value Drug Company. (Sawyer, John)
February 15, 2023 Set Remote Hearing (CV Magistrate)Members of the public wishing to listen to remote proceedings should call the Norfolk Division at 757-222-7222 before the hearing for instructions on how to listen to the proceedings. Recording of court proceedings of any kind is prohibited. Status Conference set for 2/24/2023 at 10:30 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
February 10, 2023 Filing 1929 OPINION: Defendants are not entitled to judgment as a matter of law; Judge Miller's thorough and well-reasoned R&R, re #1717 is AFFIRMED; and Defendants' Motions for Summary Judgment, re #1037 and #1067 are DENIED. Signed by District Judge Rebecca Beach Smith on 2/10/2023. (Attachments: #1 Exhibit A) (afar)
February 6, 2023 Filing 1928 Memorandum in Support re #1927 MOTION for Leave to File Reply Brief in Support of Motion in Limine 20 filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit Proposed Reply)(Cales, James)
February 6, 2023 Filing 1927 MOTION for Leave to File Reply Brief in Support of Motion in Limine 20 by All End Payer Plaintiffs. (Cales, James)
February 6, 2023 Filing 1926 Rebuttal Brief re #1825 MOTION to Bifurcate filed by All End Payer Plaintiffs. (Cales, James)
February 6, 2023 Filing 1925 Declaration re #1924 Reply to Response to Motion,, Declaration of Joseph H. Meltzer filed on behalf of Purchasers in Support of Reply Memorandum in Support of Plaintiffs Motion To Disallow Defendants Untimely And Improper Rule 26(A)(3) Pretrial Disclosures by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit 1. Wagle Excerpts, #2 Exhibit 2. Jain Excerpts)(Monroe, William)
February 6, 2023 Filing 1924 REPLY to Response to Motion re #1870 MOTION To Disallow Improper Pretrial Disclosures filed on behalf Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
February 6, 2023 Filing 1923 RESPONSE in Support re #1807 MOTION to Bifurcate on behalf of Retailer and Direct Purchaser Plaintiffs filed by Albertsons Companies, Inc., Burlington Drug Company, Inc., CVS Pharmacy, Inc., Dakota Drug, Inc., Giant Eagle, Inc., HEB Grocery Company L.P., J M Smith Corporation, Louisiana Wholesale Drug Co., Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Value Drug Company, Walgreen Co.. (Sawyer, John)
February 3, 2023 Opinion or Order Filing 1922 ORDER granting #1918 Motion for Pro hac vice for Lauren Alexis Melfa Catanzarite as to Giant Eagle, Inc. Signed by District Judge Rebecca Beach Smith on 02/03/2023. (tlev, )
February 3, 2023 Opinion or Order Filing 1921 ORDER granting #1904 Motion to Seal. Signed by Magistrate Judge Douglas E. Miller on 2/3/2023. (tamarm, )
February 3, 2023 Opinion or Order Filing 1920 ORDER granting #1818 Motion to Seal. Signed by Magistrate Judge Douglas E. Miller on 2/3/2023. (tamarm, )
February 3, 2023 Opinion or Order Filing 1919 ORDER granting #1811 Motion to Seal. Signed by Magistrate Judge Douglas E. Miller on 2/3/2023. (tamarm, )
February 2, 2023 Filing 1918 Motion to appear Pro Hac Vice by Lauren Alexis Melfa Catanzarite and Certification of Local Counsel John F. Sawyer Filing fee $ 75, receipt number AVAEDC-8783583. by Giant Eagle, Inc.. (Sawyer, John) (Main Document 1918 replaced on 2/3/2023) (tamarm, )
January 30, 2023 Filing 1917 Sealed Attachment/Exhibit(s) re #1914 Declaration,, #1904 MOTION to Seal Portions of Defendants Opposition to Plaintiffs Motions in Limine Nos. 11-14 and Exhibits 5 and 6 to the Declaration of Samuel G. Liversidge Filed in Support (on behalf of Merck and Glenmark Defendants). (Attachments: #1 Exhibit 5, #2 Exhibit 6)(Noona, Stephen)
January 30, 2023 Filing 1916 Sealed Response/Reply/Opposition re #1909 Opposition, #1904 MOTION to Seal Portions of Defendants Opposition to Plaintiffs Motions in Limine Nos. 11-14 and Exhibits 5 and 6 to the Declaration of Samuel G. Liversidge Filed in Support (on behalf of Merck and Glenmark Defendants). (Noona, Stephen)
January 30, 2023 Filing 1915 Opposition to #1825 MOTION to Bifurcate , #1807 MOTION to Bifurcate on behalf of Retailer and Direct Purchaser Plaintiffs filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 30, 2023 Filing 1914 Declaration re #1908 Opposition, #1910 Opposition, #1912 Opposition, #1909 Opposition, of Samuel G. Liversidge by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (Public Version), #6 Exhibit 6 (Public Version), #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Noona, Stephen)
January 30, 2023 Filing 1913 Opposition to #1828 MOTION in Limine (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 30, 2023 Filing 1912 Opposition to #1817 MOTION in Limine #19 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 30, 2023 Filing 1911 Opposition to #1815 MOTION in Limine 17 to 18 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 30, 2023 Filing 1910 Opposition to #1806 MOTION in Limine 11 to 16 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs (Opposition to Plaintiffs' Motions in Limine Nos. 15-16) (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 30, 2023 Filing 1909 Opposition to #1806 MOTION in Limine 11 to 16 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs (public version) (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 30, 2023 Filing 1908 Opposition to #1804 MOTION in Limine 1 to 10 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 30, 2023 Filing 1907 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 #1904 MOTION to Seal Portions of Defendants Opposition to Plaintiffs Motions in Limine Nos. 11-14 and Exhibits 5 and 6 to the Declaration of Samuel G. Liversidge Filed in Support (on behalf of Merck and Glenmark Defendants) (Noona, Stephen)
January 30, 2023 Filing 1906 Memorandum in Opposition re #1837 MOTION in Limine No. 15 to Preclude Plaintiffs from Presenting Evidence or Argument in Support of their Abandoned Causation Theories or Presenting Evidence or Argument that the Anticompetitive Harm of the Settlement was that Merck Avoided the Risk Memorandum in Opposition filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 30, 2023 Filing 1905 Memorandum in Support re #1904 MOTION to Seal Portions of Defendants Opposition to Plaintiffs Motions in Limine Nos. 11-14 and Exhibits 5 and 6 to the Declaration of Samuel G. Liversidge Filed in Support (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)
January 30, 2023 Filing 1904 MOTION to Seal Portions of Defendants Opposition to Plaintiffs Motions in Limine Nos. 11-14 and Exhibits 5 and 6 to the Declaration of Samuel G. Liversidge Filed in Support (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 30, 2023 Filing 1903 Declaration re #1902 Opposition Declaration of Richard H. Ottinger by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Exhibit Ex. A)(Ottinger, Richard)
January 30, 2023 Filing 1902 Opposition to #1870 MOTION To Disallow Improper Pretrial Disclosures filed on behalf Purchasers filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
January 30, 2023 Filing 1901 Opposition to #1825 MOTION to Bifurcate , #1807 MOTION to Bifurcate on behalf of Retailer and Direct Purchaser Plaintiffs filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
January 30, 2023 Filing 1900 Declaration re #1899 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)
January 30, 2023 Filing 1899 Opposition to #1870 MOTION To Disallow Improper Pretrial Disclosures filed on behalf Purchasers filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 30, 2023 Filing 1898 Memorandum in Opposition re #1861 MOTION in Limine No. 24 to Exclude Statements Suggesting that the Glenmark and Mylan Cases Would Have Been Evaluated Differently at the Time of the Glenmark Settlement (on behalf of Merck and Glenmark Defendants) Memorandum in Opposition filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 30, 2023 Filing 1897 Memorandum in Opposition re #1858 MOTION in Limine No. 23 to Preclude Dr. McGuire from Testifying Regarding the Amount of Monetary Harm or Damages Suffered by Zetia Purchasers (on behalf of Merck and Glenmark Defendants) Memorandum in Opposition filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 30, 2023 Filing 1896 Memorandum in Opposition re #1855 MOTION in Limine No. 22 to Preclude Drs. McGuire and Leffler from Opining, and Plaintiffs from Arguing, that their Valuations of the Challenged Provision Accounted for Merck's Right to Launch a Second Branded Ezetimibe Product (on behalf of Me Memorandum in Opposition filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 30, 2023 Filing 1895 Memorandum in Opposition re #1852 MOTION in Limine No. 21 to Preclude Plaintiffs' Experts from Offering Testimony Regarding the Meaning or Application of Actavis or other Legal Opinions and Conclusions (on behalf of Merck and Glenmark Defendants) Memorandum in Opposition filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 30, 2023 Filing 1894 Memorandum in Opposition re #1849 MOTION in Limine No. 20 to Preclude Argument and Evidence Regarding Figures 1-5 Attached to Meredith Rosenthal's Expert Report (on behalf of Merck and Glenmark Defendants) Memorandum in Opposition filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 30, 2023 Filing 1893 Memorandum in Opposition re #1847 MOTION in Limine No. 19 to Preclude Dr. Robert Hrubiec from Offering Testimony or Opinions on Merck's, Glenmark's or the Inventors' State of Mind, Intent or Subjective Beliefs (on behalf of Merck and Glenmark Defendants) Memorandum in Opposition filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 30, 2023 Filing 1892 Memorandum in Opposition re #1844 MOTION in Limine No. 18 to Preclude Dr. Thomas McGuire from Opining or Testifying Regarding Defendants' State of Mind or Intent (on behalf of Merck and Glenmark Defendants) Memorandum in Opposition filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 30, 2023 Filing 1891 Memorandum in Opposition re #1842 MOTION in Limine No. 17 to Preclude Plaintiffs from Offering Evidence or Argument Regarding Unpleaded, Other Agreements (on behalf of Merck and Glenmark Defendants) Memorandum in Opposition filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 30, 2023 Filing 1890 Memorandum in Opposition re #1839 MOTION in Limine No. 16 to Preclude Plaintiffs from Offering Extrinsic Evidence to Modify or Contradict the Unambiguous Settlement Agreement (on behalf of Merck and Glenmark Defendants) Memorandum in Opposition filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 30, 2023 Filing 1889 Memorandum in Opposition re #1834 MOTION in Limine No. 14 to Preclude References to Other Potential Settlement Terms Glenmark Proposed as Being Part of the Claimed "Large and Unjustified Payment" (on behalf of Merck and Glenmark Defendants) Memorandum in Opposition filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 30, 2023 Filing 1888 Memorandum in Opposition re #1832 MOTION in Limine No. 13 to Exclude Evidence and Argument Relating to their Invocation of the Attorney-Client Privilege and Work-Product Doctrine (on behalf of Merck and Glenmark Defendants) Memorandum in Opposition filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 30, 2023 Filing 1887 Memorandum in Opposition re #1830 MOTION in Limine No. 12 to Preclude any Evidence or Argument Regarding Par's Status as a Settling Co-Defndant, Unless the Par Settlement Agreements are Admitted into Evidence (on behalf of Merck and Glenmark Defendants) Memorandum in Opposition filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 30, 2023 Filing 1886 Declaration re #1885 Opposition,,, Declaration of Thomas M. Sobol in Opposition to Defendants' Omnibus Motions in Limine filed on behalf of Purchasers by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit A. Excerpt Provigil Trial Transcript, #2 Exhibit B. Excerpt Hester Deposition)(Monroe, William)
January 30, 2023 Filing 1885 Opposition to #1822 MOTION in Limine Nos. 1-11 to Preclude Certain Evidence, Opinion and Argument (on behalf of Merck and Glenmark Defendants) Opposition filed on behalf of Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 30, 2023 Opinion or Order Filing 1884 ORDER granting #1882 Motion for Pro hac vice for Nolan M. Leuthauser as to Glenmark Pharmaceuticals Inc. and Glenmark Pharmaceuticals Ltd. Signed by District Judge Rebecca Beach Smith on 01/30/2023. (tlev, )
January 30, 2023 Opinion or Order Filing 1883 ORDER granting #1881 Motion for Pro hac vice for Ahson T. Azmat as to Glenmark Pharmaceuticals Inc. and Glenmark Pharmaceuticals Ltd. Signed by District Judge Rebecca Beach Smith on 01/30/2023. (tlev, )
January 27, 2023 Filing 1882 Motion to appear Pro Hac Vice by Nolan M. Leuthauser and Certification of Local Counsel Richard H. Ottinger by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
January 27, 2023 Filing 1881 Motion to appear Pro Hac Vice by Ahson T. Azmat and Certification of Local Counsel Richard H. Ottinger by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
January 27, 2023 Notice of Correction re #1876 Motion to appear Pro Hac Vice by Ahson T. Azmat and #1877 Motion to appear Pro Hac Vice by Nolan M. Leuthauser and Certification of Local Counsel Richard H. Ottinger The motions do not match the docket entry regarding parties represented. Local counsel should refile the motions with the corrected party name. Counsel should not pay the fees a second time. (tlev, )
January 26, 2023 Filing 1880 Declaration re #1879 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)
January 26, 2023 Filing 1879 RESPONSE in Support re #1811 MOTION to Seal Portions of Exhibit 14 to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions in Limine (per order granting leave, ECF No. 1878) 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)
January 26, 2023 Opinion or Order Filing 1878 AGREED ORDER granting #1875 Motion for Leave to File. The Merck Defendants may file the pleadings attached to the Motion for Leave in support of Plaintiffs' Motion to Seal on or before Friday, 1/27/2023. Signed by Magistrate Judge Douglas E. Miller on 1/26/2023. (tamarm, )
January 26, 2023 Filing 1877 Motion to appear Pro Hac Vice by Nolan M. Leuthauser and Certification of Local Counsel Richard H. Ottinger by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
January 26, 2023 Filing 1876 Motion to appear Pro Hac Vice by Ahson T. Azmat and Certification of Local Counsel Richard H. Ottinger by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
January 26, 2023 Filing 1875 Consent MOTION for Leave to File Support for Plaintiffs' Motion to Seal (ECF No. 1811) (and Memorandum in Support of Consent Motion) 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)(Noona, Stephen)
January 26, 2023 Notice of Correction re #1873 Motion to appear Pro Hac Vice by Ahson T. Azmat and #1874 Motion to appear Pro Hac Vice by Nolan M. Leuthauser and Certification of Local Counsel Richard H. Ottinger. The motions filed indicate that the applicants are full-time employees of the United States of America and are requesting exemption from the filing fees. Local counsel should refile the motions with the corrected information. Counsel should not pay the filing fees a second time. (tlev, )
January 25, 2023 Filing 1874 Motion to appear Pro Hac Vice by Nolan M. Leuthauser and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number AVAEDC-8768959. by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
January 25, 2023 Filing 1873 Motion to appear Pro Hac Vice by Ahson T. Azmat and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number AVAEDC-8768947. by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
January 25, 2023 MOTIONS REFERRED to Magistrate Judge Miller. #1811 MOTION to Seal Portions of Exhibit 14 to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions in Limine and #1818 MOTION to Seal Limited Portions of Certain Memoranda and Exhibits Filed in Support of Various Motions in Limine (on behalf of Merck and Glenmark Defendants) (tamarm, )
January 19, 2023 Opinion or Order Filing 1872 ORDER granting #1803 Motion to Withdraw as Attorney. Attorney Bradley Joseph Vettraino terminated. Signed by Magistrate Judge Douglas E. Miller on 1/19/2023. (tamarm, )
January 18, 2023 Filing 1871 Memorandum in Support re #1870 MOTION To Disallow Improper Pretrial Disclosures filed on behalf Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 18, 2023 Filing 1870 MOTION To Disallow Improper Pretrial Disclosures filed on behalf Purchasers by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William)
January 18, 2023 Filing 1869 Declaration re #1870 MOTION To Disallow Improper Pretrial Disclosures filed on behalf Purchasers Declaration of Erin C. Burns by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William) Modified on 1/18/2023 to correct document linkage. (tamarm, ).
January 18, 2023 Filing 1868 Declaration re #1870 MOTION To Disallow Improper Pretrial Disclosures filed on behalf Purchasers Declaration of Thomas M. Sobol by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Monroe, William) Modified on 1/18/2023 to correct document linkage. (tamarm, ).
January 18, 2023 Filing 1867 Declaration re 1865 MOTION To Disallow Improper Pretrial Disclosures filed on behalf Purchasers Declaration of Erin C. Burns by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William) Modified on 1/18/2023. Document removed and refiled at #1869 with correct date of service. (tamarm, ).
January 18, 2023 Filing 1866 Memorandum in Support re 1865 MOTION To Disallow Improper Pretrial Disclosures filed on behalf Purchasers filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William) Modified on 1/18/2023. Document removed; refiled at #1871 with correct date of service. (tamarm, ).
January 18, 2023 Filing 1865 MOTION To Disallow Improper Pretrial Disclosures filed on behalf Purchasers by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: # 1 Proposed Order)(Monroe, William) Modified on 1/18/2023. Document removed; refiled at #1870 with correct date of service. (tamarm, ).
January 18, 2023 MOTIONS REFERRED to Magistrate Judge Miller. #1803 MOTION to Withdraw as Attorney Bradley J. Vettraino (tamarm, )
January 17, 2023 Filing 1864 Sealed Attachment/Exhibit(s) re #1818 MOTION to Seal Limited Portions of Certain Memoranda and Exhibits Filed in Support of Various Motions in Limine (on behalf of Merck and Glenmark Defendants), #1863 Declaration,,. (Attachments: #1 Exhibit 7, #2 Exhibit 8, #3 Exhibit 9)(Noona, Stephen)
January 17, 2023 Filing 1863 Declaration re #1833 Memorandum in Support, #1840 Memorandum in Support, #1823 Memorandum in Support, #1859 Memorandum in Support, #1856 Memorandum in Support, #1835 Memorandum in Support, #1853 Memorandum in Support, #1845 Memorandum in Support, #1850 Memorandum in Support, of Samuel G. Liversidge by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7 (Public Version), #8 Exhibit 8 (Public Version), #9 Exhibit 9 (Public Version))(Noona, Stephen)
January 17, 2023 Filing 1862 Memorandum in Support re #1861 MOTION in Limine No. 24 to Exclude Statements Suggesting that the Glenmark and Mylan Cases Would Have Been Evaluated Differently at the Time of the Glenmark Settlement (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)
January 17, 2023 Filing 1861 MOTION in Limine No. 24 to Exclude Statements Suggesting that the Glenmark and Mylan Cases Would Have Been Evaluated Differently at the Time of the Glenmark Settlement (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 17, 2023 Filing 1860 Sealed Memorandum in Support re #1859 Memorandum in Support, #1818 MOTION to Seal Limited Portions of Certain Memoranda and Exhibits Filed in Support of Various Motions in Limine (on behalf of Merck and Glenmark Defendants). (Noona, Stephen)
January 17, 2023 Filing 1859 Memorandum in Support re #1858 MOTION in Limine No. 23 to Preclude Dr. McGuire from Testifying Regarding the Amount of Monetary Harm or Damages Suffered by Zetia Purchasers (on behalf of Merck and Glenmark Defendants) (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 17, 2023 Filing 1858 MOTION in Limine No. 23 to Preclude Dr. McGuire from Testifying Regarding the Amount of Monetary Harm or Damages Suffered by Zetia Purchasers (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 17, 2023 Filing 1857 Sealed Memorandum in Support re #1856 Memorandum in Support, #1818 MOTION to Seal Limited Portions of Certain Memoranda and Exhibits Filed in Support of Various Motions in Limine (on behalf of Merck and Glenmark Defendants). (Noona, Stephen)
January 17, 2023 Filing 1856 Memorandum in Support re #1855 MOTION in Limine No. 22 to Preclude Drs. McGuire and Leffler from Opining, and Plaintiffs from Arguing, that their Valuations of the Challenged Provision Accounted for Merck's Right to Launch a Second Branded Ezetimibe Product (on behalf of Me (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 17, 2023 Filing 1855 MOTION in Limine No. 22 to Preclude Drs. McGuire and Leffler from Opining, and Plaintiffs from Arguing, that their Valuations of the Challenged Provision Accounted for Merck's Right to Launch a Second Branded Ezetimibe Product (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 17, 2023 Filing 1854 Sealed Memorandum in Support re #1853 Memorandum in Support, #1818 MOTION to Seal Limited Portions of Certain Memoranda and Exhibits Filed in Support of Various Motions in Limine (on behalf of Merck and Glenmark Defendants). (Noona, Stephen)
January 17, 2023 Filing 1853 Memorandum in Support re #1852 MOTION in Limine No. 21 to Preclude Plaintiffs' Experts from Offering Testimony Regarding the Meaning or Application of Actavis or other Legal Opinions and Conclusions (on behalf of Merck and Glenmark Defendants) (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 17, 2023 Filing 1852 MOTION in Limine No. 21 to Preclude Plaintiffs' Experts from Offering Testimony Regarding the Meaning or Application of Actavis or other Legal Opinions and Conclusions (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 17, 2023 Filing 1851 Sealed Memorandum in Support re #1818 MOTION to Seal Limited Portions of Certain Memoranda and Exhibits Filed in Support of Various Motions in Limine (on behalf of Merck and Glenmark Defendants), #1850 Memorandum in Support,. (Noona, Stephen)
January 17, 2023 Filing 1850 Memorandum in Support re #1849 MOTION in Limine No. 20 to Preclude Argument and Evidence Regarding Figures 1-5 Attached to Meredith Rosenthal's Expert Report (on behalf of Merck and Glenmark Defendants) (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 17, 2023 Filing 1849 MOTION in Limine No. 20 to Preclude Argument and Evidence Regarding Figures 1-5 Attached to Meredith Rosenthal's Expert Report (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 17, 2023 Filing 1848 Memorandum in Support re #1847 MOTION in Limine No. 19 to Preclude Dr. Robert Hrubiec from Offering Testimony or Opinions on Merck's, Glenmark's or the Inventors' State of Mind, Intent or Subjective Beliefs (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)
January 17, 2023 Filing 1847 MOTION in Limine No. 19 to Preclude Dr. Robert Hrubiec from Offering Testimony or Opinions on Merck's, Glenmark's or the Inventors' State of Mind, Intent or Subjective Beliefs (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 17, 2023 Filing 1846 Sealed Memorandum in Support re #1845 Memorandum in Support, #1818 MOTION to Seal Limited Portions of Certain Memoranda and Exhibits Filed in Support of Various Motions in Limine (on behalf of Merck and Glenmark Defendants). (Noona, Stephen)
January 17, 2023 Filing 1845 Memorandum in Support re #1844 MOTION in Limine No. 18 to Preclude Dr. Thomas McGuire from Opining or Testifying Regarding Defendants' State of Mind or Intent (on behalf of Merck and Glenmark Defendants) (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 17, 2023 Filing 1844 MOTION in Limine No. 18 to Preclude Dr. Thomas McGuire from Opining or Testifying Regarding Defendants' State of Mind or Intent (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 17, 2023 Filing 1843 Memorandum in Support re #1842 MOTION in Limine No. 17 to Preclude Plaintiffs from Offering Evidence or Argument Regarding Unpleaded, Other Agreements (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)
January 17, 2023 Filing 1842 MOTION in Limine No. 17 to Preclude Plaintiffs from Offering Evidence or Argument Regarding Unpleaded, Other Agreements (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 17, 2023 Filing 1841 Sealed Memorandum in Support re #1840 Memorandum in Support, #1818 MOTION to Seal Limited Portions of Certain Memoranda and Exhibits Filed in Support of Various Motions in Limine (on behalf of Merck and Glenmark Defendants). (Noona, Stephen)
January 17, 2023 Filing 1840 Memorandum in Support re #1839 MOTION in Limine No. 16 to Preclude Plaintiffs from Offering Extrinsic Evidence to Modify or Contradict the Unambiguous Settlement Agreement (on behalf of Merck and Glenmark Defendants) (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 17, 2023 Filing 1839 MOTION in Limine No. 16 to Preclude Plaintiffs from Offering Extrinsic Evidence to Modify or Contradict the Unambiguous Settlement Agreement (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 17, 2023 Filing 1838 Memorandum in Support re #1837 MOTION in Limine No. 15 to Preclude Plaintiffs from Presenting Evidence or Argument in Support of their Abandoned Causation Theories or Presenting Evidence or Argument that the Anticompetitive Harm of the Settlement was that Merck Avoided the Risk filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 17, 2023 Filing 1837 MOTION in Limine No. 15 to Preclude Plaintiffs from Presenting Evidence or Argument in Support of their Abandoned Causation Theories or Presenting Evidence or Argument that the Anticompetitive Harm of the Settlement was that Merck Avoided the Risk of Patent Invalidation by Obtaining Dismissal of Glenmark's Invalidity Challenge in the Settlement (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 17, 2023 Filing 1836 Sealed Memorandum in Support re #1835 Memorandum in Support, #1818 MOTION to Seal Limited Portions of Certain Memoranda and Exhibits Filed in Support of Various Motions in Limine (on behalf of Merck and Glenmark Defendants). (Noona, Stephen)
January 17, 2023 Filing 1835 Memorandum in Support re #1834 MOTION in Limine No. 14 to Preclude References to Other Potential Settlement Terms Glenmark Proposed as Being Part of the Claimed "Large and Unjustified Payment" (on behalf of Merck and Glenmark Defendants) (public version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 17, 2023 Filing 1834 MOTION in Limine No. 14 to Preclude References to Other Potential Settlement Terms Glenmark Proposed as Being Part of the Claimed "Large and Unjustified Payment" (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 17, 2023 Filing 1833 Memorandum in Support re #1832 MOTION in Limine No. 13 to Exclude Evidence and Argument Relating to their Invocation of the Attorney-Client Privilege and Work-Product Doctrine (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)
January 17, 2023 Filing 1832 MOTION in Limine No. 13 to Exclude Evidence and Argument Relating to their Invocation of the Attorney-Client Privilege and Work-Product Doctrine (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 17, 2023 Filing 1831 Memorandum in Support re #1830 MOTION in Limine No. 12 to Preclude any Evidence or Argument Regarding Par's Status as a Settling Co-Defndant, Unless the Par Settlement Agreements are Admitted into Evidence (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)
January 17, 2023 Filing 1830 MOTION in Limine No. 12 to Preclude any Evidence or Argument Regarding Par's Status as a Settling Co-Defndant, Unless the Par Settlement Agreements are Admitted into Evidence (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 17, 2023 Filing 1829 Memorandum in Support re 1828 MOTION in Limine filed by All End Payer Plaintiffs. (Cales, James)
January 17, 2023 Filing 1828 MOTION in Limine by All End Payer Plaintiffs. (Attachments: # 1 Proposed Order EPP Proposed Order)(Cales, James) Modified on 1/18/2023.
January 17, 2023 Filing 1827 MOTION in Limine by All End Payer Plaintiffs. (Attachments: # 1 Proposed Order EPP Proposed Order)(Cales, James) Modified on 1/18/2023. (An incorrect document was uploaded with this filing; the motion was refiled at ECF # 1828 with the correct document.) (tamarm, ).
January 17, 2023 Filing 1826 Memorandum in Support re #1825 MOTION to Bifurcate filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit A)(Cales, James)
January 17, 2023 Filing 1825 MOTION to Bifurcate by All End Payer Plaintiffs. (Cales, James)
January 17, 2023 Filing 1824 Declaration re #1817 MOTION in Limine #19 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs Declaration of Thomas M. Sobol in Support of Purchasers' Motion in Limine # 19 by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit Ex. 1 to MIL 19)(Monroe, William)
January 17, 2023 Filing 1823 Memorandum in Support re #1822 MOTION in Limine Nos. 1-11 to Preclude Certain Evidence, Opinion and Argument (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)
January 17, 2023 Filing 1822 MOTION in Limine Nos. 1-11 to Preclude Certain Evidence, Opinion and Argument (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 17, 2023 Filing 1821 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 #1818 MOTION to Seal Limited Portions of Certain Memoranda and Exhibits Filed in Support of Various Motions in Limine (on behalf of Merck and Glenmark Defendants) (Noona, Stephen)
January 17, 2023 Filing 1820 Memorandum in Support re #1817 MOTION in Limine #19 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 17, 2023 Filing 1819 Memorandum in Support re #1818 MOTION to Seal Limited Portions of Certain Memoranda and Exhibits Filed in Support of Various Motions in Limine (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)
January 17, 2023 Filing 1818 MOTION to Seal Limited Portions of Certain Memoranda and Exhibits Filed in Support of Various Motions in Limine (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 17, 2023 Filing 1817 MOTION in Limine #19 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William)
January 17, 2023 Filing 1816 Memorandum in Support re #1815 MOTION in Limine 17 to 18 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 17, 2023 Filing 1815 MOTION in Limine 17 to 18 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order Orders for MIL 17 to 18)(Monroe, William)
January 17, 2023 Filing 1814 Memorandum in Support re #1811 MOTION to Seal Portions of Exhibit 14 to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions in Limine filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 17, 2023 Filing 1813 Unredacted Doument re #1811 MOTION to Seal Portions of Exhibit 14 to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions in Limine by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 17, 2023 Filing 1812 Notice of Filing Sealing Motion LCvR5(C) by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. re #1811 MOTION to Seal Portions of Exhibit 14 to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions in Limine (Monroe, William)
January 17, 2023 Filing 1811 MOTION to Seal Portions of Exhibit 14 to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions in Limine by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William)
January 17, 2023 Filing 1810 Declaration re #1806 MOTION in Limine 11 to 16 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs, #1804 MOTION in Limine 1 to 10 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs Declaration of Thomas M. Sobol in Support of Purchasers' Motions in Limine 1 to 10 and 11 to 16 by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit Ex. 1 to MIL 1, #2 Exhibit Ex. 2 to MIL 13, #3 Exhibit Ex. 3 to MIL 13, #4 Exhibit Ex. 4 to MIL 13, #5 Exhibit Ex. 5 to MIL 13, #6 Exhibit Ex. 6 to MIL 13, #7 Exhibit Ex. 7 to MIL 13, #8 Exhibit Ex. 8 to MIL 15, #9 Exhibit Ex. 9 to MIL 15, #10 Exhibit Ex. 10 to MIL 15, #11 Exhibit Ex. 11 to MIL 15, #12 Exhibit Ex. 12 to MIL 16, #13 Exhibit Ex. 13 to MIL 16, #14 Exhibit Ex. 14 to MIL 16, #15 Exhibit Ex. 15 to MIL 16, #16 Exhibit Ex. 16 to MIL 16)(Monroe, William)
January 17, 2023 Filing 1809 Memorandum in Support re #1806 MOTION in Limine 11 to 16 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 17, 2023 Filing 1808 Memorandum in Support re #1807 MOTION to Bifurcate on behalf of Retailer and Direct Purchaser Plaintiffs filed by Albertsons Companies, Inc., Burlington Drug Company, Inc., CVS Pharmacy, Inc., Dakota Drug, Inc., Giant Eagle, Inc., HEB Grocery Company L.P., J M Smith Corporation, Louisiana Wholesale Drug Co., Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Value Drug Company, Walgreen Co.. (Sawyer, John)
January 17, 2023 Filing 1807 MOTION to Bifurcate on behalf of Retailer and Direct Purchaser Plaintiffs by Albertsons Companies, Inc., Burlington Drug Company, Inc., CVS Pharmacy, Inc., Dakota Drug, Inc., Giant Eagle, Inc., HEB Grocery Company L.P., J M Smith Corporation, Louisiana Wholesale Drug Co., Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Value Drug Company, Walgreen Co.. (Sawyer, John)
January 17, 2023 Filing 1806 MOTION in Limine 11 to 16 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order For MIL 11 to 16)(Monroe, William)
January 17, 2023 Filing 1805 Memorandum in Support re #1804 MOTION in Limine 1 to 10 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
January 17, 2023 Filing 1804 MOTION in Limine 1 to 10 filed on behalf of Direct Purchaser Plaintiffs, Retailer Plaintiffs and End Payer Plaintiffs by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order Proposed Orders for MILs 1 to 10)(Monroe, William)
January 17, 2023 Filing 1803 MOTION to Withdraw as Attorney Bradley J. Vettraino by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, McKesson Corporation, Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC. (Attachments: #1 Proposed Order Exhibit 1)(Monroe, William)
January 17, 2023 Opinion or Order Filing 1802 ORDER granting #1792 Motion to Seal Portions of Defendants' Reply in Support of their Objections to Ruling. Signed by Magistrate Judge Douglas E. Miller on 1/17/2023. (tamarm, )
January 17, 2023 Opinion or Order Filing 1801 ORDER granting #1775 Motion to Seal Portions of Defendants' Objections to Ruling. Signed by Magistrate Judge Douglas E. Miller on 1/17/202. (tamarm, )
January 10, 2023 Filing 1800 TRANSCRIPT of proceedings held on 1-9-2023, 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 2/9/2023. Redacted Transcript Deadline set for 3/13/2023. Release of Transcript Restriction set for 4/10/2023.(stewart, jody)
January 9, 2023 Filing 1799 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Docket Call held on 1/9/2023. Matter came on for call with Judge Miller on counsels request for the Court to give some guidance in advance of the 30(b)(6) depositions that they are preparing for. Present via zoom were Tom Sobol, Erin Burns, Bill Monroe, Kristen Johnson, David Sorenson, Ellen Noteware, Rachael Downey on behalf of the direct purchaser plaintiffs, John Sawyer and Scott Perwin on behalf of the retailer plaintiffs, Chris Dusseault, Steve Noona, Jillian London, and Marissa Mulligan on behalf of Merck, and Richard Ottinger and Patrick Gallagher on behalf of Glenmark. The parties have met and conferred on the parameters and would like the courts direction on two potential issues, rather than waiting until the middle of the depositions and trying to contact the Court. One issue is the timing of the depositions and the other is the scope of the depositions. The Court heard from the parties and gave input. Matter adjourned. (Court Reporter Jody Stewart, OCR.)(cdod, )
January 6, 2023 Set Hearings: Discovery Hearing set for 1/9/2023 at 12:00 PM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
January 5, 2023 Opinion or Order Filing 1798 ORDER re #1779 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1769 Order on Motion to Compel. Defendants' Objections are OVERRULED and the Magistrate Judge's ruling is AFFIRMED. The parties are DIRECTED to proceed with discovery pursuant to the ruling and Order of the Magistrate Judge. See ECF Nos. 1768, 1769. Signed by District Judge Rebecca Beach Smith on 1/5/2023. (tamarm, )
December 28, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1792 MOTION to Seal Portions of Defendants' Reply in Support of their Objections to Ruling Regarding Limited Discovery of the Newly Filed Plaintiffs (filed on behalf of Merck and Glenmark Defendants) (tamarm, )
December 21, 2022 Filing 1797 TRANSCRIPT of proceedings held on 12-15-2022, 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 1/20/2023. Redacted Transcript Deadline set for 2/20/2023. Release of Transcript Restriction set for 3/21/2023.(stewart, jody)
December 19, 2022 Filing 1796 Sealed Response/Reply/Opposition re #1792 MOTION to Seal Portions of Defendants' Reply in Support of their Objections to Ruling Regarding Limited Discovery of the Newly Filed Plaintiffs (filed on behalf of Merck and Glenmark Defendants), #1795 Reply to Response to Motion,. (Noona, Stephen)
December 19, 2022 Filing 1795 REPLY to Response to Motion re #1779 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1769 Order on Motion to Compel (Defendants' Objections To Ruling Regarding Limited Discovery Of The Newly Filed Plaintiffs And Memorandum In Support) (Filed on Beha (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
December 19, 2022 Filing 1794 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 #1792 MOTION to Seal Portions of Defendants' Reply in Support of their Objections to Ruling Regarding Limited Discovery of the Newly Filed Plaintiffs (filed on behalf of Merck and Glenmark Defendants) (Noona, Stephen)
December 19, 2022 Filing 1793 Memorandum in Support re #1792 MOTION to Seal Portions of Defendants' Reply in Support of their Objections to Ruling Regarding Limited Discovery of the Newly Filed Plaintiffs (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
December 19, 2022 Filing 1792 MOTION to Seal Portions of Defendants' Reply in Support of their Objections to Ruling Regarding Limited Discovery of the Newly Filed Plaintiffs (filed on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
December 15, 2022 Filing 1791 MOTION HEARING held re #1732 Objection to #1717 Report and Recommendations re #1037 MOTION for Summary Judgment and #1067 MOTION for Summary Judgment before District Judge Rebecca Beach Smith. (Court Reporter Jody Stewart.) Counsel present (see attachment to minutes for list of all counsel present). Comments of court heard. Arguments of counsel heard. Court to prepare Opinion and Order. Court adjourned. (tamarm, )
December 13, 2022 Filing 1787 Response to #1779 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1769 Order on Motion to Compel (Defendants' Objections To Ruling Regarding Limited Discovery Of The Newly Filed Plaintiffs And Memorandum In Support) (Filed on Beha New Plaintiffs Response To Defendants Objections To Ruling On Defendants Motion To Compel Additional Discovery Of New Plaintiffs filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., Giant Eagle, Inc., H.D. Smith, LLC, J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Monroe, William)
December 13, 2022 Filing 1786 (Document removed per counsel's request as it did not upload correctly; refiled at ECF #1787 ) - Response to #1779 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1769 Order on Motion to Compel (Defendants' Objections To Ruling Regarding Limited Discovery Of The Newly Filed Plaintiffs And Memorandum In Support) (Filed on Beha New Plaintiffs Response To Defendants Objections To Ruling On Defendants Motion To Compel Additional Discovery Of New Plaintiffs filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., Giant Eagle, Inc., H.D. Smith, LLC, J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Monroe, William) Modified on 12/14/2022 (tamarm, ).
December 9, 2022 Opinion or Order Filing 1783 ORDER granting #1782 Motion for Pro hac vice for Sarah Margaret Kushner 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 12/9/2022. (tamarm, )
December 8, 2022 Filing 1782 Motion to appear Pro Hac Vice by Sarah Margaret Kushner and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number AVAEDC-8701751. by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
December 7, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1775 MOTION to Seal Portions of Defendants' Objections To Ruling Regarding Limited Discovery Of The Newly Filed Plaintiffs And Memorandum In Support (tamarm, )
November 29, 2022 Filing 1780 Sealed Memorandum in Support re #1779 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1769 Order on Motion to Compel (Defendants' Objections To Ruling Regarding Limited Discovery Of The Newly Filed Plaintiffs And Memorandum In Support) (Filed on Beha, #1775 MOTION to Seal Portions of Defendants' Objections To Ruling Regarding Limited Discovery Of The Newly Filed Plaintiffs And Memorandum In Support. (Noona, Stephen)
November 29, 2022 Filing 1779 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1769 Order on Motion to Compel (Defendants' Objections To Ruling Regarding Limited Discovery Of The Newly Filed Plaintiffs And Memorandum In Support) (Filed on Behalf of Merck and Glenmark Defendants)( Public Version) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
November 29, 2022 Filing 1778 Declaration re #1776 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)
November 29, 2022 Filing 1777 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 #1775 MOTION to Seal Portions of Defendants' Objections To Ruling Regarding Limited Discovery Of The Newly Filed Plaintiffs And Memorandum In Support (Noona, Stephen)
November 29, 2022 Filing 1776 Memorandum in Support re #1775 MOTION to Seal Portions of Defendants' Objections To Ruling Regarding Limited Discovery Of The Newly Filed Plaintiffs And Memorandum In Support filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
November 29, 2022 Filing 1775 MOTION to Seal Portions of Defendants' Objections To Ruling Regarding Limited Discovery Of The Newly Filed Plaintiffs And Memorandum In Support by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
November 28, 2022 Opinion or Order Filing 1774 ORDER granting #1772 Motion to Withdraw Appearance of Anne Nardacci as Counsel for United Healthcare Services, Inc. Signed by Magistrate Judge Douglas E. Miller on 11/28/2022. (tamarm, )
November 28, 2022 MOTIONS REFERRED to Magistrate Judge Miller: #1772 MOTION to Withdraw Appearance of Anne Nardacci as Counsel (tamarm, )
November 21, 2022 Filing 1772 MOTION to Withdraw Appearance of Anne Nardacci as Counsel by United Healthcare Services, Inc.. (Attachments: #1 Exhibit 1 - Proposed Order)(Neuhardt, Amy)
November 21, 2022 Filing 1771 TRANSCRIPT of proceedings held on 11-15-2022, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/21/2022. Redacted Transcript Deadline set for 1/23/2023. Release of Transcript Restriction set for 2/20/2023.(stewart, jody)
November 18, 2022 Opinion or Order Filing 1770 MEMORANDUM ORDER - Defendant's #1709 Objections to the Magistrate Judge's R&R are OVERRULED, and Magistrate Judge Miller's R&R at the 8/17/2022 #1691 Motion Hearing is AFFIRMED. Accordingly, the parties are DIRECTED to proceed with discovery pursuant to Judge Miller's well-reasoned R&R. See #1693 Transcript at 166-178. Signed by District Judge Rebecca Beach Smith on 11/18/2022. (tamarm, )
November 17, 2022 Set Hearings: Hearing set re #1732 Objection to #1717 Report and Recommendations re #1037 MOTION for Summary Judgment and #1067 MOTION for Summary Judgment on 12/15/2023 at 11:00 AM in Norfolk before District Judge Rebecca Beach Smith. (tamarm, )
November 15, 2022 Opinion or Order Filing 1769 ORDER: The Court GRANTS IN PART and DENIES IN PART the motion, (ECF No. 1735]. (SEE ORDER FOR DETAILS). Signed by Magistrate Judge Douglas E. Miller and filed on 11/15/22. (epri, )
November 15, 2022 Filing 1768 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 11/15/2022 re #1735 MOTION to Compel (Defendants' Motion To Compel Limited Document Discovery And Rule 30(B)(6) Depositions From The Newly Filed Plaintiffs ) (filed on behalf of the Merck and Glenmark Defendants) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp.. Proceedings: Matter came on for hearing on pending motion to compel (#1735). Parties present via zoom. (Counsel present listed on attached sheet.) Mr. Dusseault argued the motion. Mr. Gallagher added to the argument on behalf of Glenmark defendants. Mr. Sobol responded and Mr. Hill added to the argument on behalf of Giant Eagle. Court made rulings on the record. For the reasons stated on the record, the Court granted in part and denied in part the motion. Counsel instructed as to the depositions to be taken and the amount of time allowed. Court to issue a short order. Court adjourned. (Attachments: #1 List of Participating Counsel) (Court Reporter Jody Stewart, OCR.)(cdod, )
November 10, 2022 Filing 1767 Reply to #1766 Order on Motion for Leave to File, #1732 Objection to Report and Recommendations, (Defendants' Reply in Support of their Objections to the Report and Recommendation on Defendants' Motions for Summary Judgment) (filed on behalf of the Merck and Glenmark Defendants by permission of Court) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
November 9, 2022 Opinion or Order Filing 1766 ORDER granting Defendants' #1742 Motion for Leave to File Reply and Defendants shall file the Reply within 5 days of this order. No further briefs shall be filed without leave of this Court. Signed by District Judge Rebecca Beach Smith on 11/9/2022. (afar)
November 9, 2022 Opinion or Order Filing 1765 ORDER granting #1740 Motion to Modify Trial Date. The Court DIRECTS the Calendar Clerk to modify the trial schedule to begin on 4/17/2023, with five (5) weeks set aside. (See Order for further details.) Signed by District Judge Rebecca Beach Smith on 11/9/2022. (afar)
November 9, 2022 Jury Trial reset for 4/17/2023 at 11:00 AM in Norfolk Courtroom 4 before District Judge Rebecca Beach Smith. (afar)
November 8, 2022 Opinion or Order Filing 1764 ORDER Sequestering Funds For Common Benefit Fees and Expenses. Signed by Magistrate Judge Douglas E. Miller on 11/8/2022. (afar)
November 8, 2022 Opinion or Order Filing 1763 OPINION AND ORDER: Lead Counsel's #1566 Motion for Entry of a Set-Aside Order is GRANTED in part and DENIED in part. The court hereby ORDERS the establishment of a common benefit fund as requested in Lead Counsels' proposed order, (ECF No. 1566-1), as modified by the court. The proposed 12.5% rate has been replaced with a 5% rate, and language added clarifying the scope of the court's ruling consistent with this Opinion. Signed by Magistrate Judge Douglas E. Miller on 11/8/22. (afar)
November 1, 2022 Set Deadlines as to #1735 MOTION to Compel (Defendants' Motion To Compel Limited Document Discovery And Rule 30(B)(6) Depositions From The Newly Filed Plaintiffs ) (filed on behalf of the Merck and Glenmark Defendants). Motion Hearing set for 11/15/2022 at 10:00 AM in Norfolk Remote w/OCR before Magistrate Judge Douglas E. Miller. (cdod, )
October 28, 2022 Filing 1762 Request for Hearing by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1735 MOTION to Compel (Defendants' Motion To Compel Limited Document Discovery And Rule 30(B)(6) Depositions From The Newly Filed Plaintiffs ) (filed on behalf of the Merck and Glenmark Defendants) (Defendants' Request for Oral Argument) (filed on behalf of the Merck and Glenmark Defendants) (Noona, Stephen)
October 27, 2022 Opinion or Order Filing 1761 SEALING ORDER granting #1752 Motion to Seal ENTERED AS MODIFIED BY THE COURT. The Clerk shall maintain under seal Exhibit A to the Dusseault Declaration. Signed by Magistrate Judge Douglas E. Miller on 10/27/2022. (tamarm, )
October 26, 2022 Opinion or Order Filing 1760 PRETRIAL ORDER NO. 11 granting #1759 Joint Motion for Entry of Procedural Order with respect to a schedule for discovery of the new plaintiffs and for all remaining pretrial deadlines for the parties proceeding to trial in April, 2023. See Order for deadlines. Signed by District Judge Rebecca Beach Smith on 10/26/2022. (tamarm, )
October 24, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1735 MOTION to Compel (Defendants' Motion To Compel Limited Document Discovery And Rule 30(B)(6) Depositions From The Newly Filed Plaintiffs ) (filed on behalf of the Merck and Glenmark Defendants) (tamarm, )
October 21, 2022 Filing 1759 Joint MOTION For Entry of Procedural Order No. 11 re #1628 Set Hearings,,, Status Conference,, (Joint Motion and Memorandum In Support Of Joint Motion For Entry Of Proposed Scheduling Order as directed during the July 22, 2022 Status Conference) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit A)(Noona, Stephen)
October 20, 2022 Filing 1758 Sealed Attachment/Exhibit(s) re #1757 Declaration, #1752 MOTION to Seal (Defendants' Motion To Seal Exhibit A To The Declaration Of Christopher D. Dusseault Filed In Support Of Reply Brief In Support Of Motion To Compel)(Filed on behalf of Merck and Glenmark Defendants). (Attachments: #1 Exhibit A (Sealed))(Noona, Stephen)
October 20, 2022 Filing 1757 Declaration re #1756 Reply to Response to Motion, (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 (Public Version))(Noona, Stephen)
October 20, 2022 Filing 1756 REPLY to Response to Motion re #1735 MOTION to Compel (Defendants' Motion To Compel Limited Document Discovery And Rule 30(B)(6) Depositions From The Newly Filed Plaintiffs ) (filed on behalf of the Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 20, 2022 Filing 1755 Declaration re #1753 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)
October 20, 2022 Filing 1754 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 #1752 MOTION to Seal (Defendants' Motion To Seal Exhibit A To The Declaration Of Christopher D. Dusseault Filed In Support Of Reply Brief In Support Of Motion To Compel)(Filed on behalf of Merck and Glenmark Defendants) (Noona, Stephen)
October 20, 2022 Filing 1753 Memorandum in Support re #1752 MOTION to Seal (Defendants' Motion To Seal Exhibit A To The Declaration Of Christopher D. Dusseault Filed In Support Of Reply Brief In Support Of Motion To Compel)(Filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 20, 2022 Filing 1752 MOTION to Seal (Defendants' Motion To Seal Exhibit A To The Declaration Of Christopher D. Dusseault Filed In Support Of Reply Brief In Support Of Motion To Compel)(Filed on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
October 20, 2022 Filing 1751 Request for Hearing by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1732 Objection to Report and Recommendations, (filed on behalf of Merck and Glenmark Defendants) (Noona, Stephen)
October 17, 2022 Filing 1750 REPLY to Response to Motion re #1740 MOTION Motion to Modify Trial Date re #1733 Order on Motion for Miscellaneous Relief, filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
October 14, 2022 Filing 1749 Opposition to #1735 MOTION to Compel (Defendants' Motion To Compel Limited Document Discovery And Rule 30(B)(6) Depositions From The Newly Filed Plaintiffs ) (filed on behalf of the Merck and Glenmark Defendants) NEW PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO COMPEL DOCUMENT DISCOVERY AND RULE 30(B)(6) DEPOSITIONS filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., Giant Eagle, Inc., H.D. Smith, LLC, J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Monroe, William)
October 14, 2022 Filing 1748 REPLY to Response to Motion re #1742 MOTION for Leave to File Reply Brief (Defendants' Motion For Leave And Memorandum In Support Of Motion For Leave To File Reply In Support Of Their Objections To The Report And Recommendation On Defendants' Motions For Summary Judgment) ( (Defendants' Reply in Support of Motion for Leave to File Reply in Support of their Objections to the Report and Recommendation on Defendants' Motions for Summary Judgment) (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 11, 2022 Filing 1747 Opposition to #1740 MOTION Motion to Modify Trial Date re #1733 Order on Motion for Miscellaneous Relief, DIRECT PURCHASER PLAINTIFFS OPPOSITION TO GLENMARKS MOTION TO MODIFY TRIAL DATE filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
October 11, 2022 Filing 1746 Opposition to #1742 MOTION for Leave to File Reply Brief (Defendants' Motion For Leave And Memorandum In Support Of Motion For Leave To File Reply In Support Of Their Objections To The Report And Recommendation On Defendants' Motions For Summary Judgment) ( Purchasers Opposition To Defendants Motion For Leave To File Reply In Support Of Their Objections To The Report And Recommendation On Defendants Motions For Summary Judgment filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., FWK Holdings, LLC, Giant Eagle, Inc., H.D. Smith, LLC, J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Monroe, William)
October 11, 2022 Opinion or Order Filing 1745 ORDER granting #1743 Motion for Extension of Time to File Response re #1735 MOTION to Compel Limited Document Discovery And Rule 30(B)(6) Depositions From The Newly Filed Plaintiffs. Responses due by 10/14/2022. Signed by Magistrate Judge Douglas E. Miller on 10/11/2022. (tamarm, )
October 11, 2022 Filing 1744 NOTICE of Appearance by Jennifer Lynn Eaton on behalf of Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd. (Eaton, Jennifer)
October 11, 2022 Filing 1743 Consent MOTION for Extension of Time to File Response/Reply as to #1735 MOTION to Compel (Defendants' Motion To Compel Limited Document Discovery And Rule 30(B)(6) Depositions From The Newly Filed Plaintiffs ) (filed on behalf of the Merck and Glenmark Defendants) by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., FWK Holdings, LLC, Giant Eagle, Inc., H.D. Smith, LLC, J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William)
October 6, 2022 Filing 1742 MOTION for Leave to File Reply Brief (Defendants' Motion For Leave And Memorandum In Support Of Motion For Leave To File Reply In Support Of Their Objections To The Report And Recommendation On Defendants' Motions For Summary Judgment) (filed on behalf of the Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Noona, Stephen)
October 6, 2022 Filing 1741 Memorandum in Support re #1740 MOTION Motion to Modify Trial Date re #1733 Order on Motion for Miscellaneous Relief, filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Exhibit A - Jay Lefkowitz Affidavit, #2 Exhibit B - Devora W. Allon Affidavit, #3 Exhibit C - Transcript)(Ottinger, Richard)
October 6, 2022 Filing 1740 MOTION Motion to Modify Trial Date re #1733 Order on Motion for Miscellaneous Relief, by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals Inc., USA. (Attachments: #1 Exhibit A - Jay Lefkowitz Affidavit, #2 Exhibit B - Devora W. Allon Affidavit, #3 Exhibit C - Transcript)(Ottinger, Richard)
September 30, 2022 Filing 1739 Response to #1732 Objection to Report and Recommendations, Purchasers Response to Defendants Objections to Report And Recommendation On Defendants Motions For Summary Judgment filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., FWK Holdings, LLC, Giant Eagle, Inc., H.D. Smith, LLC, J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Monroe, William)
September 28, 2022 Filing 1738 NOTICE by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated of Change of Address of the law firm of Taus, Cebulash & Landau, LLP (Monroe, William)
September 27, 2022 Filing 1737 Declaration re #1736 Memorandum in Support, (of Christopher 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)
September 27, 2022 Filing 1736 Memorandum in Support re #1735 MOTION to Compel (Defendants' Motion To Compel Limited Document Discovery And Rule 30(B)(6) Depositions From The Newly Filed Plaintiffs ) (filed on behalf of the Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 27, 2022 Filing 1735 MOTION to Compel (Defendants' Motion To Compel Limited Document Discovery And Rule 30(B)(6) Depositions From The Newly Filed Plaintiffs ) (filed on behalf of the Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 20, 2022 Filing 1734 REPLY to Response to Motion re #1709 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1693 Transcript,,, #1691 Motion Hearing,,,, (Defendants' Objections To Ruling Regarding Discovery Of The Newly Filed Plaintiffs (made Orally at August 17, 2022 H ( Defendants' Reply Brief In Support Of Their Objections To Ruling Regarding Discovery Of The Newly Filed Plaintiffs )(filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 19, 2022 Opinion or Order Filing 1733 ORDER granting in part and denying in part #1655 Motion Set Trial Schedule. The Court DIRECTS the Calendar Clerk to modify the trial schedule to begin on 4/10/2023, with five (5) weeks set aside. To the extent that counsel need additional days to observe Passover, those counsel are EXCUSED from being present at trial, if they so determine it appropriate. (See Order for further details.) Signed by District Judge Rebecca Beach Smith on 9/19/2022. (tamarm, )
September 19, 2022 Jury Trial reset for 4/10/2023 at 11:00 AM in Norfolk before District Judge Rebecca Beach Smith. (tamarm, )
September 16, 2022 Filing 1732 OBJECTION to #1717 Report and Recommendations (Defendants' Objections To Report And Recommendation On Defendants' Motions For Summary Judgment)(filed on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 14, 2022 Filing 1731 Memorandum in Opposition re #1709 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1693 Transcript,,, #1691 Motion Hearing,,,, (Defendants' Objections To Ruling Regarding Discovery Of The Newly Filed Plaintiffs (made Orally at August 17, 2022 H New Plaintiffs' Response to Defendants' Objections to Ruling Regarding Discovery of Newly filed Plaintiffs filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., Giant Eagle, Inc., H.D. Smith, LLC, J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Monroe, William)
September 12, 2022 Opinion or Order Filing 1730 ORDER entered re #1701 Motion for Entry of an Order Regarding New Plaintiffs' Adoption of Prior Orders and Pending Motions (see Order for details). Further, the new plaintiffs agreed that they (i) shall seek no additional discovery of the defendants or non-parties in this matter, (ii) will not seek to serve additional expert reports in this matter other than supplemental damages reports, (iii) are not pursuing claims against Par Pharmaceutical, Inc. and (iv) are not pursuing any additional or alternative theories of liability or causation. Signed by District Judge Rebecca Beach Smith on 9/12/2022. (tamarm, )
September 9, 2022 Filing 1729 REPLY to Response to Motion re #1688 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1649 Order on Motion to Exclude (Defendants' Objections to the Memorandum Opinion and Order Denying Motion to Exclude Testimony and Opinions of Plaintiffs' Exp (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 9, 2022 Filing 1728 REPLY to Response to Motion re #1687 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1648 Order on Motion to Exclude (Defendants Objections to the Memorandum Opinion and Order Denying Motion to Exclude Testimony and Opinions of Plaintiffs Patent Merits E (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 9, 2022 Opinion or Order Filing 1727 ORDER granting #1724 Motion to Withdraw as Attorney. Attorney Richard Alan Saunders is removed as counsel of record for any members of the End-Payor Plaintiff Class and from the electronic notification system for the case. Signed by Magistrate Judge Douglas E. Miller on 9/9/2022. (tamarm, )
September 9, 2022 Opinion or Order Filing 1726 ORDER granting #1711 Motion to Seal. Signed by Magistrate Judge Douglas E. Miller on 9/9/2022. (tamarm, )
September 8, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1711 MOTION to Seal PORTIONS OF PLAINTIFFS RESPONSE TO DEFENDANTS OBJECTIONS TO THE MEMORANDUM OPINION AND ORDER DENYING MOTION TO EXCLUDE TESTIMONY AND OPINIONS OF PLAINTIFFS EXPERTS DRS. THOMAS MCGUIRE AND KEITH LEFFLER (tamarm, )
September 8, 2022 MOTIONS REFERRED to Magistrate Judge Miller: #1724 MOTION to Withdraw as Attorney , Richard A. Saunders (tamarm, )
September 7, 2022 Filing 1725 Memorandum in Support re #1724 MOTION to Withdraw as Attorney , Richard A. Saunders filed by All End Payer Plaintiffs. (Cales, James)
September 7, 2022 Filing 1724 MOTION to Withdraw as Attorney , Richard A. Saunders by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James)
September 7, 2022 Opinion or Order Filing 1723 ORDER granting #1695 Joint Motion For Order Acknowledging Waiver of Service and Setting Time for Defendants to File Responsive Pleadings. The defendants have through and including 9/6/2022, to answer, move, or otherwise respond to the Complaints filed in the Giant Eagle and Burlington Drug matters. Signed by Magistrate Judge Douglas E. Miller on 9/7/2022. (tamarm, )
September 6, 2022 Filing 1722 ANSWER to Complaint and Affirmative Defenses of the Glenmark Defendants to Burlington Plaintiffs' Complaint and Demand for Jury Trial by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd..(Ottinger, Richard)
September 6, 2022 Filing 1721 ANSWER to Complaint and Affirmative Defenses of the Glenmark Defendants to Giant Eagle's Complaint and Demand for Jury Trial by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd..(Ottinger, Richard)
September 6, 2022 Filing 1720 ANSWER to Complaint (Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp. (now known as Merck Sharp & Dohme LLC), Schering-Plough Corp., Schering Corp., and MSP Singapore Co. LLC's Answer to Complaint and Demand for Jury Trial Filed in Underlying Action) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. (Related to 2:22cv268) (Noona, Stephen) Modified text on 9/7/2022 (tamarm, ).
September 6, 2022 Filing 1719 ANSWER to Complaint (Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp. (now known as Merck Sharp & Dohme LLC), Schering-Plough Corp., Schering Corp., and MSP Singapore Co. LLC's Answer to Complaint and Demand for Jury Trial Filed in Underlying Action) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. (Related to 2:22cv269) (Noona, Stephen) Modified text on 9/7/2022 (tamarm, ).
September 6, 2022 Opinion or Order Filing 1718 ORDER granting #1643 Motion to Seal. The Clerk is DIRECTED to MAINTAIN UNDER SEAL the previously filed Direct Purchaser Plaintiffs' Second Amended Consolidated Complaint and Demand for Jury Trial. Sealed Version (ECF No. 1645); Redacted Version (ECF No. 1642). The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, be returned to counsel, or destroyed. Signed by Magistrate Judge Douglas E. Miller on 9/6/2022. (tamarm, )
September 2, 2022 Filing 1717 REPORT AND RECOMMENDATIONS re #1037 MOTION for Summary Judgment and #1067 MOTION for Summary Judgment. Any party may serve upon the other party and file with the Clerk written objections within 14 days from the date of mailing of this Report to the objecting party. Any party may respond to another party's objections within 14 days after being served with a copy thereof. Signed by Magistrate Judge Douglas E. Miller on 9/2/22. (afar)
September 2, 2022 Opinion or Order Filing 1716 AGREED ORDER : Granting #1715 Motion for Extension of Time to File. The Defendants shall have through and including September 9, 2022 to file their Reply Briefs in support of their Objections to the Memorandum Opinion and Order Denying Motion to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Experts Robert Hrubiec (ECF No. 1687) and Objections to the Memorandum Opinion and Order Denying Motion to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas MeGuire and Keith Lefflcr ("Objections to the Leffler/McGuire Memorandum Opinion") (ECF No. 1688). Signed by Magistrate Judge Douglas E. Miller on 9/2/22. (afar)
September 2, 2022 Filing 1715 Consent MOTION for Extension of Time to File Response/Reply as to #1688 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1649 Order on Motion to Exclude (Defendants' Objections to the Memorandum Opinion and Order Denying Motion to Exclude Testimony and Opinions of Plaintiffs' Exp, #1687 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1648 Order on Motion to Exclude (Defendants Objections to the Memorandum Opinion and Order Denying Motion to Exclude Testimony and Opinions of Plaintiffs Patent Merits E and Memorandum in Support of Consent Motion (filed on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
September 2, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1715 Consent MOTION for Extension of Time to File Response/Reply as to #1688 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1649 Order on Motion to Exclude (tamarm, )
August 31, 2022 Filing 1714 Memorandum in Support re #1711 MOTION to Seal PORTIONS OF PLAINTIFFS RESPONSE TO DEFENDANTS OBJECTIONS TO THE MEMORANDUM OPINION AND ORDER DENYING MOTION TO EXCLUDE TESTIMONY AND OPINIONS OF PLAINTIFFS EXPERTS DRS. THOMAS MCGUIRE AND KEITH LEFFLER filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., FWK Holdings, LLC, Giant Eagle, Inc., H.D. Smith, LLC, J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Monroe, William)
August 31, 2022 Filing 1713 Sealed Document. (Monroe, William)
August 31, 2022 Filing 1712 Notice of Filing Sealing Motion LCvR5(C) by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., FWK Holdings, LLC, Giant Eagle, Inc., H.D. Smith, LLC, J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc. re #1711 MOTION to Seal PORTIONS OF PLAINTIFFS RESPONSE TO DEFENDANTS OBJECTIONS TO THE MEMORANDUM OPINION AND ORDER DENYING MOTION TO EXCLUDE TESTIMONY AND OPINIONS OF PLAINTIFFS EXPERTS DRS. THOMAS MCGUIRE AND KEITH LEFFLER (Monroe, William)
August 31, 2022 Filing 1711 MOTION to Seal PORTIONS OF PLAINTIFFS RESPONSE TO DEFENDANTS OBJECTIONS TO THE MEMORANDUM OPINION AND ORDER DENYING MOTION TO EXCLUDE TESTIMONY AND OPINIONS OF PLAINTIFFS EXPERTS DRS. THOMAS MCGUIRE AND KEITH LEFFLER by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., FWK Holdings, LLC, Giant Eagle, Inc., H.D. Smith, LLC, J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William)
August 31, 2022 Filing 1710 Response to #1688 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1649 Order on Motion to Exclude (Defendants' Objections to the Memorandum Opinion and Order Denying Motion to Exclude Testimony and Opinions of Plaintiffs' Exp Plaintiffs' Response to Defendants' Objections to Memorandum Opinion and Order Denying Defendants' Motion to Exclude Testimony and Opinions of Plaintiffs' Expert Drs. Thomas McGuire and Keith Leffler filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., FWK Holdings, LLC, Giant Eagle, Inc., H.D. Smith, LLC, J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Monroe, William)
August 31, 2022 Filing 1709 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1693 Transcript,,, #1691 Motion Hearing,,,, (Defendants' Objections To Ruling Regarding Discovery Of The Newly Filed Plaintiffs (made Orally at August 17, 2022 Hearing as Per ECF Nos. 1691, 1693) and Memorandum in Support (Filed On behalf of Merck and Glenmark Defendants)) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 31, 2022 Filing 1708 Response to #1687 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1648 Order on Motion to Exclude (Defendants Objections to the Memorandum Opinion and Order Denying Motion to Exclude Testimony and Opinions of Plaintiffs Patent Merits E Plaintiffs' Response to Defendants' Objections to Memorandum Opinion and Order Denying Defendants' Motion to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., FWK Holdings, LLC, Giant Eagle, Inc., H.D. Smith, LLC, J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Monroe, William)
August 25, 2022 Opinion or Order Filing 1707 ORDER granting #1705 Motion to Withdraw as Attorney. Attorney Diane A. Shrewsbury terminated. Signed by Magistrate Judge Douglas E. Miller on 8/25/2022. (tamarm, )
August 25, 2022 Opinion or Order Filing 1706 ORDER granting #1703 Motion to Withdraw as Attorney. Michelle C. Clerkin is removed as counsel of record. Signed by Magistrate Judge Douglas E. Miller on 8/25/2022. (tamarm, )
August 25, 2022 Filing 1705 MOTION to Withdraw as Attorney Motion and Memorandum in Support of Motion to Withdraw Appearance of Diane A. Shrewsbury as Counsel for the Insurer Plaintiffs by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Attachments: #1 Exhibit Proposed Order)(Spain, Brett)
August 25, 2022 Filing 1704 Memorandum in Support re #1703 MOTION to Withdraw as Attorney for Michelle C. Clerkin filed by All End Payer Plaintiffs. (Cales, James)
August 25, 2022 Filing 1703 MOTION to Withdraw as Attorney for Michelle C. Clerkin by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James)
August 25, 2022 Opinion or Order Filing 1702 ORDER granting #1698 Motion to Withdraw as Attorney. Monica L. Kiley is withdrawn as counsel. Signed by Magistrate Judge Douglas E. Miller on 8/25/2022. (tamarm, )
August 24, 2022 Filing 1701 Joint MOTION for Entry of Proposed Order Regarding New Plaintiffs' Adoption of Prior Orders and Pending Motions filed on behalf of the New Plaintiffs, the Merck defendants and the Glenmark defendants by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., Giant Eagle, Inc., H.D. Smith, LLC, J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit 1. Stipulations, #2 Proposed Order 2. Proposed Order)(Monroe, William)
August 24, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1698 MOTION to Withdraw as Attorney (Monica L. Kiley) by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp (tamarm, )
August 23, 2022 Opinion or Order Filing 1700 ORDER granting #1697 Motion for Pro hac vice for Vincent Galluzzo as to CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION and WELLCARE HEALTH PLANS. INC. Signed by District Judge Rebecca Beach Smith on 8/23/2022. (tlev, )
August 23, 2022 Filing 1699 Memorandum in Support re #1698 MOTION to Withdraw as Attorney (Monica L. Kiley) filed by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.. (Sawyer, John)
August 23, 2022 Filing 1698 MOTION to Withdraw as Attorney (Monica L. Kiley) by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.. (Attachments: #1 Exhibit Proposed Order)(Sawyer, John)
August 23, 2022 Filing 1697 Motion to appear Pro Hac Vice by Vincent John Galluzzo and Certification of Local Counsel Brett A. Spain by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
August 23, 2022 Notice of Correction re #1696 Stipulation. Rule 7(b)(1) requires that a request for a court order must be made by motion. A Proposed Order should not be filed as a main document. Please refile the pleading accordingly(tamarm, )
August 23, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1695 Joint MOTION re #1690 Stipulation, (Joint Motion and Memorandum in Support of Joint Motion for Order Acknowledging Waiver of Service and Setting Time for Defendants to File Responsive Pleading) (filed on behalf of Merck and Glenmark Defenants (tamarm, )
August 23, 2022 Notice of Correction re #1694 Motion to appear Pro Hac Vice by Vincent John Galluzo and Certification of Local Counsel Brett A. Spain Filing fee $ 75, receipt number AVAEDC-8534654. The last name of the applicant is not spelled correctly. Local counsel should file a corrected motion that reflects the correct spelling of the applicants last name. Counsel should not pay the fee a second time. (tlev, )
August 22, 2022 Filing 1696 STIPULATION Regarding New Plaintiffs' Adoption of Prior Orders and Pending Motions by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., Giant Eagle, Inc., H.D. Smith, LLC, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Monroe, William)
August 22, 2022 Filing 1695 Joint MOTION re #1690 Stipulation, (Joint Motion and Memorandum in Support of Joint Motion for Order Acknowledging Waiver of Service and Setting Time for Defendants to File Responsive Pleading) (filed on behalf of Merck and Glenmark Defendants, and Plaintiffs in 2:22cv0268 and 2:22cv0269) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
August 22, 2022 Filing 1694 Motion to appear Pro Hac Vice by Vincent John Galluzo and Certification of Local Counsel Brett A. Spain Filing fee $ 75, receipt number AVAEDC-8534654. by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
August 19, 2022 Filing 1693 TRANSCRIPT of proceedings held on 8-17-2022, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 9/19/2022. Redacted Transcript Deadline set for 10/19/2022. Release of Transcript Restriction set for 11/17/2022.(stewart, jody)
August 19, 2022 Opinion or Order Filing 1692 AGREED ORDER granting #1689 Joint MOTION for Enlargement of Time to File Responsive Pleading to #1654 Second Amended Complaint. The defendants' time to answer, move, or otherwise respond to Humana's Second Amended Complaint is stayed. Any responsive pleadings and motions shall be due 21 days after this Court issues its decision on the currently pending Motion to Dismiss certain claims asserted by Humana #1520 . Humana's time to oppose any additional motion to dismiss filed is extended to 21 days after service of such motion. Defendants' time to file a reply brief is extended to 21 days after service of Humana's opposition. Signed by Magistrate Judge Douglas E. Miller on 8/19/2022. (tamarm, )
August 19, 2022 Notice of Correction re #1690 . Rule 7(b)(1) requires that a request for a court order must be made by motion. A Proposed Order should not be filed as a main document. Please refile the pleading accordingly.(tamarm, )
August 19, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1689 Joint MOTION for Extension of Time to File Answer re #1650 Order on Motion for Leave to File, #1654 Amended Complaint (tamarm, )
August 18, 2022 Filing 1690 STIPULATION re #1632 Order,, #1631 Order,, (Stipulation Waiving Service and [Proposed] Order Setting Time for Defendants to File Responsive Pleading (on behalf of Merck and Glenmark Defendants, and Plaintiffs in 2:22cv0268 and 2:22cv0269) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 18, 2022 Filing 1689 Joint MOTION for Extension of Time to File Answer re #1650 Order on Motion for Leave to File, #1654 Amended Complaint (Joint Motion, and Memorandum in Support of Joint Motion, for Stipulated Agreed Order for Enlargement of Time to File Responsive Pleading) (on behalf of Merck and Glenmark Defendants and Humana, Inc.) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
August 17, 2022 Filing 1691 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 8/17/2022 re #1037 MOTION for Summary Judgment on All Claims filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd., #1067 MOTION for Summary Judgment filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp.. (Attachments: #1 List of Counsel) Matter came on for hearing on pending motions (#1037)(#1067) for Summary Judgment and discovery issues (#1665)(#1667). List of counsel present attached. Motions for summary judgment argued and responses heard. Court took a lunch break and argument on discovery issues proceeded after the break. The Court took the summary judgment motions under advisement and will issue a Report and Recommendation. The Court made rulings on the record regarding the discovery issues and will issue a short order memorializing those rulings. Hearing adjourned. (Court Reporter Jody Stewart, OCR.)(cdod, )
August 17, 2022 Filing 1688 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1649 Order on Motion to Exclude (Defendants' Objections to the Memorandum Opinion and Order Denying Motion to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler, and Memorandum in Support) (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 17, 2022 Filing 1687 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1648 Order on Motion to Exclude (Defendants Objections to the Memorandum Opinion and Order Denying Motion to Exclude Testimony and Opinions of Plaintiffs Patent Merits Expert Robert Hrubiec, and Memorandum in Support) (on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 16, 2022 Filing 1686 Response to #1657 NOTICE,, New Plaintiffs' Response to Defendants' Response to Notice Regarding Decided Issues and Pending Motions filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., Giant Eagle, Inc., H.D. Smith, LLC, J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Monroe, William)
August 16, 2022 Opinion or Order Filing 1685 ORDER granting #1678 Motion for Pro hac vice for Patrick James Gallagher as to Glenmark Pharmaceuticals Inc., USA and Glenmark Pharmaceuticals Ltd. Signed by District Judge Rebecca Beach Smith on 8/16/22. (tlev, )
August 16, 2022 Filing 1684 Response to #1662 NOTICE,, Response to End-Payor and DP Counsel's Notice of Filing Supplemental Authority Relating to Motion for Set Aside filed by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
August 15, 2022 Filing 1683 ANSWER to Complaint and Affirmative Defenses of the Glenmark Defendants to Direct Purchaser Plaintiffs' Second Amended Consolidated Complaint and Demand for Jury Trial by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd..(Ottinger, Richard)
August 15, 2022 Filing 1682 ANSWER to Complaint Defendants Merck & Co., Inc., Merck Sharp & Dohme LLC, Schering-Plough Corp., Schering Corp., and MSP Singapore Co. LLC's Answer to Direct Purchaser Plaintiffs' Second Amended Consolidated Complaint and Demand for Jury Trial, ECF Nos. 1642, 1645) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp..(Noona, Stephen)
August 15, 2022 Filing 1681 Response to #1665 Brief in Support, New Plaintiffs' Response to Defendants' Brief Regarding Discovery From the New Plaintiffs filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., Giant Eagle, Inc., H.D. Smith, LLC, J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit 1. Declaration)(Monroe, William)
August 15, 2022 Filing 1680 Response to #1667 Memorandum,, #1663 Order on Motion for Miscellaneous Relief,, (Defendants' Response to the Newly Filed Plaintiffs' Brief Regarding Defendants' Proposed Discovery) (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 15, 2022 Opinion or Order Filing 1679 ORDER denying #1040 Motion to Exclude Proposed Expert Opinions and Testimony of Plaintiffs' Generic Launch Timing Experts Jon Clark and Todd Clark. Signed by Magistrate Judge Douglas E. Miller on 8/15/2022. (tamarm, )
August 15, 2022 Filing 1678 Motion to appear Pro Hac Vice by Patrick James Gallagher and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number AVAEDC-8523136. by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
August 15, 2022 Opinion or Order Filing 1677 ORDER granting in part and denying in part #1053 Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's privilege assertions; granting in part and denying in part #1074 Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's privilege assertions. Signed by Magistrate Judge Douglas E. Miller on 8/15/2022. (tamarm, )
August 11, 2022 MOTIONS REFERRED to Magistrate Judge Miller: #1643 MOTION to Seal Portions of the Direct Purchaser Plaintiff's Second Amended Consolidated Complaint and Demand for Jury Trial (tamarm, )
August 10, 2022 Filing 1669 Reply to #1657 NOTICE,, (Defendants' Response To Newly Filed Plaintiffs' Notice Regarding Decided Issues And Pending Motions) (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 9, 2022 Filing 1668 Declaration re #1667 Memorandum,, Declaration of Thomas M. Sobol by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., Giant Eagle, Inc., H.D. Smith, LLC, J M Smith Corporation, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit)(Monroe, William)
August 9, 2022 Filing 1667 Memorandum Regarding Defendants Proposed Discovery filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Burlington Drug Company, Inc., Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., Dakota Drug, Inc., Giant Eagle, Inc., H.D. Smith, LLC, KPH Healthcare Services, Inc., Louisiana Wholesale Drug Co., Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Value Drug Company, Wegmans Food Markets, Inc.. (Monroe, William)
August 9, 2022 Filing 1666 Declaration re #1665 Brief in Support, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Noona, Stephen)
August 9, 2022 Filing 1665 Brief in Support to #1663 Order on Motion for Miscellaneous Relief,, Defendants' Brief Regarding Discovery from the Newly Filed Plaintiffs (filed on behalf of both the Merck Defendants and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 9, 2022 Filing 1664 RESPONSE in Support re #1643 MOTION to Seal Portions of the Direct Purchaser Plaintiff's Second Amended Consolidated Complaint and Demand for Jury Trial (filed on behalf of the Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 8, 2022 Opinion or Order Filing 1663 ORDER granting #1653 Motion for Entry of Order on Discovery Briefing. DPPs and Defendants shall file initial briefs relating to additional discovery on August 9, 2022, no later than 5:00 p.m.; DPPs and Defendants shall file response briefs on August 15, 2022, no later than 5:00 p.m.; If Merck and Glenmark file separate opening briefs, the DPPs are entitled to file a separate response brief as to each; The parties shall not file reply briefs; The DPPs and Defendants shall be prepared for oral argument when they appear on August 17, 2022; All other normal briefing limits, including page limits, apply to the briefing. Signed by Magistrate Judge Douglas E. Miller on 8/8/2022. (tamarm, )
August 5, 2022 Filing 1662 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel, #1614 Reply to Response to Motion, #1567 Memorandum in Support Notice of Filing of Supplemental Authority (Attachments: #1 Exhibit Set-Aside Order Entered August 3, 2022)(Monroe, William)
August 5, 2022 Filing 1661 Reply to #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel SUR-REPLY IN OPPOSITION TO MOTION FOR SET-ASIDE ORDER filed by United Healthcare Services, Inc.. (Attachments: #1 Affidavit of Judith Zahid)(Neuhardt, Amy)
August 5, 2022 Filing 1660 Declaration re #1659 Reply, Declaration of Diane Shrewsbury in Support of Surreply to End-Payor and Direct Purchaser Counsel's Motion for a Set Aside Order by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Spain, Brett)
August 5, 2022 Filing 1659 Reply to #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel Surreply to End-Payor and Direct Purchaser Counsel's Motion for a Set Aside Order filed by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
August 4, 2022 Filing 1658 Memorandum in Support re #1655 MOTION Set Trial Schedule [Corrected] filed by All End Payer Plaintiffs. (Cales, James)
August 4, 2022 Filing 1657 NOTICE by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. Notice Regarding Decided Issues and Pending Motions filed on behalf of the Newly Filed Plaintiffs (Monroe, William)
August 4, 2022 Filing 1656 Memorandum in Support re #1655 MOTION Set Trial Schedule filed by All End Payer Plaintiffs. (Cales, James)
August 4, 2022 Filing 1655 MOTION Set Trial Schedule by All End Payer Plaintiffs. (Cales, James)
August 4, 2022 Filing 1654 AMENDED COMPLAINT Second Amended Complaint against Glenmark Pharmaceuticals Ltd., Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp., filed by Humana Inc.(Spain, Brett)
August 4, 2022 Filing 1653 Joint MOTION For Entry of Agreed Order on Discovery Briefing on behalf of the Direct Purchaser Plaintiffs and the Defendants by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William)
August 4, 2022 Filing 1652 NOTICE by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. re #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel Withdrawal of the Set-Aside Motion as to Giant Eagle, Inc. Only (Monroe, William)
August 4, 2022 Filing 1651 NOTICE by Burlington Drug Company, Inc., Dakota Drug, Inc., J M Smith Corporation, Louisiana Wholesale Drug Co., Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Value Drug Company re #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel (Sawyer, John)
August 4, 2022 Opinion or Order Filing 1650 ORDER ENTERED AS MODIFIED BY THE COURT granting Humana Inc.'s #1577 Motion for Leave to File Second Amended Complaint. The Court DIRECTS Humana to file its Proposed Second Amended Complaint, which was previously filed as an exhibit to the Declaration in support of Humana's Motion for Leave to File Second Amended Complaint. Signed by Magistrate Judge Douglas E. Miller on 8/4/2022. (tamarm, )
August 4, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1653 Joint MOTION For Entry of Agreed Order on Discovery Briefing on behalf of the Direct Purchaser Plaintiffs and the Defendants (tamarm, )
August 4, 2022 NEFs regenerated for ECF #1634 through ECF #1635 . PHV counsel from member cases 2:22cv268 and 2:cv269 had not received NEFs since consolidation of cases. Counsel has been added to receive future NEFs. (tamarm, )
August 3, 2022 Opinion or Order Filing 1649 MEMORANDUM OPINION AND ORDER denying #1048 Motion to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler. Signed by Magistrate Judge Douglas E. Miller on 8/3/2022. (tamarm, )
August 3, 2022 Opinion or Order Filing 1648 MEMORANDUM OPINION AND ORDER denying #1042 Motion to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec. Signed by Magistrate Judge Douglas E. Miller on 8/3/2022. (tamarm, )
August 3, 2022 Filing 1646 Memorandum in Support re #1643 MOTION to Seal Portions of the Direct Purchaser Plaintiff's Second Amended Consolidated Complaint and Demand for Jury Trial filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
August 3, 2022 Filing 1645 Unredacted Doument re #1643 MOTION to Seal Portions of the Direct Purchaser Plaintiff's Second Amended Consolidated Complaint and Demand for Jury Trial by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Monroe, William)
August 3, 2022 Filing 1644 Notice of Filing Sealing Motion LCvR5(C) by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc. re #1643 MOTION to Seal Portions of the Direct Purchaser Plaintiff's Second Amended Consolidated Complaint and Demand for Jury Trial (Monroe, William)
August 3, 2022 Filing 1643 MOTION to Seal Portions of the Direct Purchaser Plaintiff's Second Amended Consolidated Complaint and Demand for Jury Trial by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., FWK Holdings, LLC, H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, SUPERVALU, Inc., Smith Medical Partners, LLC, The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Proposed Order)(Monroe, William)
August 3, 2022 Filing 1642 AMENDED COMPLAINT Direct Purchaser Plaintiffs' Second Amended Complaint and Demand for Jury Trial against Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp., filed by Meijer, Inc., AmerisourceBergen Corporation, Cardinal Health, Inc., KPH Healthcare Services, Inc., MLI RX, LLC, Wegmans Food Markets, Inc., Valley Wholesale Drug Company, LLC, AmerisourceBergen Drug Corporation, H.D. Smith, LLC, The Harvard Drug Group, L.L.C., Meijer Distribution, Inc., Cardinal Health P.R. 120, Inc., Smith Medical Partners, LLC, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, McKesson Corporation, SUPERVALU, Inc..(Monroe, William)
July 29, 2022 Opinion or Order Filing 1641 ORDER granting #1634 Motion to Withdraw as Attorney. Attorney Jason Z Pesick terminated. Signed by District Judge Rebecca Beach Smith on 7/29/22. (bpet, )
July 29, 2022 Filing 1640 NOTICE by Kaiser Foundation Health Plan, Inc. (Notice Indicating Intention to Be Remanded for Trial) (Spain, Brett)
July 29, 2022 Filing 1639 NOTICE by Humana Inc (Notice Indicating Intention to be Remanded) (Spain, Brett)
July 29, 2022 Filing 1638 NOTICE by CENTENE CORPORATION, HEALTH NET, LLC, NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC. (Notice Indicating Intention to Be Remanded) (Spain, Brett)
July 29, 2022 Filing 1637 Declaration re #1497 Order on Motion for Miscellaneous Relief,, of Eric J. Miller Regarding Mailing of the Postcard Notice, Publication of Summary Notice and Report on Requests for Exclusion by All End Payer Plaintiffs. (Cales, James)
July 29, 2022 Filing 1636 NOTICE by United Healthcare Services, Inc. regarding intention of remand. (Neuhardt, Amy) Modified text on 8/2/2022 (tamarm, ).
July 28, 2022 Filing 1635 Memorandum in Support re #1634 MOTION to Withdraw as Attorney Jason Z. Pesick filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
July 28, 2022 Filing 1634 MOTION to Withdraw as Attorney Jason Z. Pesick by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
July 27, 2022 Filing 1633 TRANSCRIPT of proceedings held on 7-21-2022, before Judge Douglas E. Miller, Court Reporter/Transcriber Kerry E. Zahn, Telephone number 757-627-6554. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/26/2022. Redacted Transcript Deadline set for 9/26/2022. Release of Transcript Restriction set for 10/25/2022.(stewart, jody)
July 27, 2022 MOTIONS REFERRED to Magistrate Judge Miller #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel (tamarm, )
July 27, 2022 Notice of Correction re #1625 NOTICE of Change of Firm and Attorney Address. Attorneys are responsible for updating their PACER account information. Please navigate to www.pacer.gov and log in to "Manage My Account" to update your address information. (tamarm, )
July 25, 2022 Opinion or Order Filing 1632 ORDER ADDRESSING CONSOLIDATION AND COORDINATION. Motion granted in 2:22cv269 to consolidate, for all purposes, with the MDL case, and reassign to the Honorable Rebecca Beach Smith, the MDL transferee judge. It is further ORDERED that all future filings in this matter bear the following caption: In Re: Zetia (Ezetimibe) Antitrust Litigation; Case No.: 2:18-md-2836-RBS-DEM. It is further ORDERED that the action shall be coordinated with the direct purchaser actions, the end payor class action, and the retainer actions pending in the MDL. Signed by District Judge Arenda L. Wright Allen on 7/25/2022. (tamarm, )
July 25, 2022 Opinion or Order Filing 1631 ORDER ADDRESSING CONSOLIDATION AND COORDINATION. Motion granted in 2:22cv268 to consolidate, for all purposes, with the MDL case, and reassign to the Honorable Rebecca Beach Smith, the MDL transferee judge. It is further ORDERED that all future filings in this matter bear the following caption: In Re: Zetia (Ezetimibe) Antitrust Litigation; Case No.: 2:18-md-2836-RBS-DEM. It is further ORDERED that the action shall be coordinated with the direct purchaser actions, the end payor class action, and the retainer actions pending in the MDL. Signed by District Judge Roderick C. Young on 7/25/2022. (tamarm, )
July 25, 2022 Set Hearings: Final Pretrial Conference set for 3/22/2023 at 10:00 AM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (cdod, )
July 22, 2022 Opinion or Order Filing 1630 ORDER granting #1581 Motion to join the joinder plaintiffs; granting #1581 Motion to Amend the Complaint; granting #1581 Motion modify the scheduling order. The parties are directed to meet and confer regarding the schedule for remaining discovery to accommodate the trial set to begin April 5, 2023. If the parties cannot agree, they shall brief their respective positions for resolution by the Magistrate Judge at the hearing presently scheduled for August 17, 2022. Signed by District Judge Rebecca Beach Smith on 7/22/2022. (tamarm, )
July 22, 2022 Opinion or Order Filing 1629 ORDER that McKesson Corporation, AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, H.D. Smith, LLC, Smith Medical Partners, LLC, Valley Wholesale Drug Company, LLC, Cardinal Health, Inc., The Harvard Drug Group, L.L.C., Cardinal Health P.R. 120, Inc., Meijer, Inc., Meijer Distribution, Inc., SUPERVALU, Inc., Wegmans Food Markets, Inc., KPH Healthcare Services, Inc. a/k/a Kinney Drugs, Inc., and MLI RX, LLC are permitted to intervene in the action docketed as FWK Holdings, LLC v. Merck & Co., Inc., No. 2:18-cv-00023 (E.D. Va.) as additional direct purchaser plaintiffs, and thereby participate in the centralized proceedings in In re Zetia (Ezetimibe) Antitrust Litigation, MDL No. 2:18-md-2836 (E.D. Va.). Signed by District Judge Rebecca Beach Smith on 7/22/2022. (tamarm, )
July 22, 2022 Filing 1628 STATUS CONFERENCE held before District Judge Rebecca Beach Smith and Magistrate Judge Douglas E. Miller. (Court Reporter Jody Stewart.) Counsel present (see attachment to minutes for list of all counsel present). Comments of court and counsel heard. Defendant's Motion for Summary Judgment (ECF Nos. 1027 and 1067) set for 8/17/2022 at 9:30 a.m. before Magistrate Judge Douglas Miller. Jury Trial set for 4/5/2023 at 11:00 AM in Norfolk before District Judge Rebecca Beach Smith. Court to prepare Order. Court adjourned. (Attachment(s) #1 Counsel List) (tamarm, ) Modified text on 7/25/2022 noting jury trial. (tamarm, ).
July 22, 2022 Filing 1627 TRANSCRIPT of proceedings held on 7-22-2022, before Judge Rebecca Beach Smith and Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/22/2022. Redacted Transcript Deadline set for 9/21/2022. Release of Transcript Restriction set for 10/20/2022.(stewart, jody)
July 22, 2022 Set Deadlines as to #1037 MOTION for Summary Judgment on All Claims, #1067 MOTION for Summary Judgment . Motion Hearing set for 8/17/2022 at 09:30 AM in Norfolk Mag Courtroom 1 w/OCR before Magistrate Judge Douglas E. Miller. (cdod, )
July 21, 2022 Filing 1626 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 7/21/2022 re #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd., #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS filed by All End Payer Plaintiffs. Matter came on for hearing on pending motions (#1042) Joint Motion to Exclude, (#1048) Joint Motion to Exclude, (#1053 and #1074)) Motions for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial, and (#1040) Motion to Exclude. List of counsel present attached. Arguments presented with responses. Court took recess at noon and resumed argument at 2:00 pm. Argument resumed on pending motions. Court took motions under advisement and will issue opinions. Parties discussed the agenda for the status conference on July 22, 2022 in order to be prepared with dates and responses. Court adjourned. (Attachments: #1 Exhibit) (Court Reporter Kerry Zahn.)(cdod, )
July 21, 2022 Filing 1625 NOTICE by All End Payer Plaintiffs of Change of Address for Miller Law, LLC (Cales, James)
July 20, 2022 Opinion or Order Filing 1624 ORDER granting #1616 Motion for Pro hac vice for Cailtin Violet Dobbs McHugh as to CVS Pharmacy, Inc., Rite Aid Corporation and Rite Aid Hdqtrs. Corp. Signed by District Judge Rebecca Beach Smith on 7/20/22. (tlev, )
July 19, 2022 Opinion or Order Filing 1618 ORDER granting #1612 Motion for Pro hac vice for April Dawn Lambert as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 7/19/2022. (tlev, )
July 19, 2022 Opinion or Order Filing 1617 ORDER: The parties are directed to come to the 7/22/22 status conference prepared to discuss and resolve the issues outlined in the attached agenda. Signed by Magistrate Judge Douglas E. Miller on 7/19/22. (Attachments: #1 Agenda for Status Conference) (bpet, )
July 19, 2022 Filing 1616 Motion to appear Pro Hac Vice by Cailtin Violet Dobbs McHugh and Certification of Local Counsel John F. Sawyer Filing fee $ 75, receipt number AVAEDC-8480331. by CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid Hdqtrs. Corp.. (Sawyer, John)
July 18, 2022 Filing 1615 Declaration re #1614 Reply to Response to Motion, Reply Declaration of Thomas M. Sobol in Support of Motion for Set-Aside Order by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit 1. Ex Parte Application, #2 Exhibit 2. RFP's, #3 Exhibit 3. RFP's to Merck, #4 Exhibit 4. E. Burns Ltr)(Monroe, William)
July 18, 2022 Filing 1614 REPLY to Response to Motion re #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
July 18, 2022 Filing 1612 Motion to appear Pro Hac Vice by April Dawn Lambert and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number AVAEDC-8477924. by FWK Holdings, LLC. (Monroe, William)
July 18, 2022 Opinion or Order Filing 1611 ORDER granting #1584 Motion to Seal. Order entered as modified by the Court. Signed by Magistrate Judge Douglas E. Miller on 7/18/22. (bpet, )
July 15, 2022 Filing 1609 REPLY to Response to Motion re #1577 MOTION for Leave to File Second Amended Complaint filed by Humana Inc. (Spain, Brett)
July 15, 2022 MOTIONS REFERRED to Magistrate Judge: Miller. #1581 MOTION for Joinder of Additional Direct Purchaser Plaintiffs MOTION to Amend/Correct to Amend the Complaint MOTION to Modify the Scheduling Order , #1580 MOTION to Intervene , #1577 MOTION for Leave to File Second Amended Complaint (afar)
July 14, 2022 Filing 1608 RESPONSE to Motion re #1581 MOTION for Joinder of Additional Direct Purchaser Plaintiffs MOTION to Amend/Correct to Amend the Complaint MOTION to Modify the Scheduling Order (Defendants' Response To Motion To Join Additional Direct Purchaser Plaintiffs, Amend The Complaint, And Modify Scheduling Order)(filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 14, 2022 Filing 1607 RESPONSE to Motion re #1580 MOTION to Intervene (Defendants' Response To Additional Direct Purchaser Plaintiffs' Motion To Intervene) (Filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 13, 2022 Opinion or Order Filing 1606 ORDER: Glenmark's #1594 Motion to Continue Oral Argument is GRANTED IN PART and DENIED IN PART. The court ADJUSTS oral argument before the Magistrate Judge as follows: Oral argument for 7/20/22 is cancelled; in-person oral argument will be held on 7/21/22 and will proceed according to the schedule detailed herein; Defendants' #1037 , #1067 motions for summary judgment will be argued in August 2022. The status conference remains scheduled for 7/22/22. Signed by Magistrate Judge Douglas E. Miller on 7/13/22. (bpet, )
July 13, 2022 MOTION REFERRED to Magistrate Judge Douglas E. Miller: #1594 MOTION to Continue the July 20-21, 2022 Motions Hearing (bpet, )
July 12, 2022 Filing 1605 Opposition to #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel filed by United Healthcare Services, Inc.. (Attachments: #1 Affidavit of Judith Zahid, #2 Affidavit of Professor William Rubenstein)(Neuhardt, Amy)
July 12, 2022 Filing 1604 Opposition to #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel filed by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
July 12, 2022 Filing 1603 RESPONSE to Motion re #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 12, 2022 Filing 1602 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1593 Order,, #1594 MOTION to Continue the July 20-21, 2022 Motions Hearing Notice of Merck Defendants' Position Statement Regarding the July 20-21, 2022 Hearings (Noona, Stephen)
July 12, 2022 Filing 1601 Opposition to #1594 MOTION to Continue the July 20-21, 2022 Motions Hearing Opposition filed on behalf of the FWK plaintiffs, the FWK Joinder plaintiffs and the Optisource plaintiffs and filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit 1. Email, #2 Exhibit 2. Notices)(Monroe, William)
July 12, 2022 Filing 1600 NOTICE by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd. re #1593 Order,, Glenmark Defendants' Position Statement Regarding The July 20-21, 2022 Hearings (Ottinger, Richard)
July 12, 2022 Filing 1599 Memorandum in Opposition re #1594 MOTION to Continue the July 20-21, 2022 Motions Hearing filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit)(Cales, James)
July 12, 2022 Notice of Correction re #1597 Opposition: The filing user is advised that Responses/Oppositions should be linked back to the motion to which they relate, rather than to the brief in support of said motion. The Clerk's Office will correct same, and no further action is required at this time. (bpet, )
July 11, 2022 Filing 1598 Response to #1593 Order,, regarding oral argument filed by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Sawyer, John)
July 11, 2022 Filing 1597 Opposition to #1566 MOTION for Entry of a Set-Aside Order filed by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co. (Sawyer, John) Modified text on 7/12/2022 (bpet, )
July 11, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1584 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Proposed Second Amended Complaint (tamarm, )
July 8, 2022 Filing 1596 RESPONSE to Motion re #1577 MOTION for Leave to File Second Amended Complaint (Defendants' Response To Plaintiff Humana Inc.'s Motion For Leave To File A Second Amended Complaint)(filed on behalf of the Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 8, 2022 Filing 1595 Memorandum in Support re #1594 MOTION to Continue the July 20-21, 2022 Motions Hearing filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
July 8, 2022 Filing 1594 MOTION to Continue the July 20-21, 2022 Motions Hearing by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
July 8, 2022 Opinion or Order Filing 1593 ORDER: If any party desires to file a position statement addressing only the requests to adjust the schedule for oral argument on the previously briefed motions addressed herein, the court DIRECTS such filing to be submitted via CM/ECF by noon on 7/12/22. The court will address the requests by separate order after reviewing all submissions. No party is requesting any change in the status conference, which remains scheduled for 7/22/22. Signed by Magistrate Judge Douglas E. Miller on 7/8/22. (bpet, )
July 7, 2022 Filing 1592 Declaration re #1591 Response in Support of Motion,, (of Marissa M. Mulligan) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 7, 2022 Filing 1591 RESPONSE in Support re #1584 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Proposed Second Amended Complaint (Defendants' Response In Support Of Direct Purchaser Plaintiffs' Motion To Seal Portions Of The Proposed Direct Purchaser Plaintiffs' Second Amended Consolidated Complaint) (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
July 7, 2022 Filing 1590 Letter to the Hon. Rebecca Beach Smith, USDC Senior Judge and to the Hon. Douglas E. Miller, USDC Magistrate re Joinder Plaintiffs Do Not Seek Additional Argument on ECF 1042,1048, 1053 and 1074; Joinder Plaintiffs Request Argument be set for ECF 1037, 1067 and 1040. (Monroe, William)
July 7, 2022 Filing 1589 Letter Request to Defer Arguments on Motions. (Ottinger, Richard)
July 7, 2022 Notice of Correction re #1589 Letter. In order to continue a motion hearing, a motion with an attached proposed order should be filed. (tamarm, )
July 7, 2022 Notice of Correction re #1590 Letter. A Request for Hearing should be filed instead of a letter when requesting oral argument. (tamarm, )
June 30, 2022 Filing 1588 Memorandum in Support re #1584 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Proposed Second Amended Complaint filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
June 30, 2022 Filing 1587 Sealed Document re #1584 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Proposed Second Amended Complaint. (Monroe, William)
June 30, 2022 Filing 1586 Sealed Document re #1584 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Proposed Second Amended Complaint. (Monroe, William)
June 30, 2022 Filing 1585 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1584 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Proposed Second Amended Complaint (Monroe, William)
June 30, 2022 Filing 1584 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Proposed Second Amended Complaint by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
June 30, 2022 Filing 1583 Memorandum in Support re #1581 MOTION for Joinder of Additional Direct Purchaser Plaintiffs MOTION to Amend/Correct to Amend the Complaint MOTION to Modify the Scheduling Order filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit 1. Redacted Complaint (redline), #2 Exhibit 2. Redacted Complaint (clean))(Monroe, William)
June 30, 2022 Filing 1582 Memorandum in Support re #1580 MOTION to Intervene filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Cardinal Health P.R. 120, Inc., Cardinal Health, Inc., H.D. Smith, LLC, KPH Healthcare Services, Inc., MLI RX, LLC, McKesson Corporation, Meijer Distribution, Inc., Meijer, Inc., Smith Medical Partners, LLC, Supervalu, Inc., The Harvard Drug Group, L.L.C., Valley Wholesale Drug Company, LLC, Wegmans Food Markets, Inc.. (Attachments: #1 Exhibit 1. Transcript)(Monroe, William)
June 30, 2022 Filing 1581 MOTION for Joinder of Additional Direct Purchaser Plaintiffs, MOTION to Amend/Correct to Amend the Complaint, MOTION to Modify the Scheduling Order by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
June 30, 2022 Filing 1580 MOTION to Intervene by McKesson Corporation, AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, H.D. Smith, LLC, Smith Medical Partners, LLC, Valley Wholesale Drug Company, LLC, Cardinal Health, Inc., The Harvard Drug Group, L.L.C., Cardinal Health P.R. 120, Inc., Meijer, Inc., Meijer Distribution, Inc., Supervalu, Inc., Wegmans Food Markets, Inc., KPH Healthcare Services, Inc., MLI RX, LLC. (Attachments: #1 Proposed Order, #2 Exhibit 7.1 Financial Disclosure Statements)(Monroe, William)
June 30, 2022 Filing 1579 NOTICE by FWK Holdings, LLC of change of address for Hagens Berman Sobol Shapiro LLP (Monroe, William)
June 24, 2022 Filing 1578 Memorandum in Support re #1577 MOTION for Leave to File Second Amended Complaint filed by Humana Inc. (Attachments: #1 Proposed Order, #2 Shrewsbury Decl. & Second Am Comp)(Spain, Brett)
June 24, 2022 Filing 1577 MOTION for Leave to File Second Amended Complaint by Humana Inc. (Spain, Brett)
June 17, 2022 Notice of Correction re #1576 Motion to appear Pro Hac Vice by Nicholas McAneny Gallagher and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number AVAEDC-8434076. The motion does not contain the signature of the applicant. Local counsel should file a corrected motion that includes the written signature of the applicant. Counsel should not pay a second fee. (tlev, )
June 16, 2022 Filing 1576 Motion to appear Pro Hac Vice by Nicholas McAneny Gallagher and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number AVAEDC-8434076. by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
June 14, 2022 Opinion or Order Filing 1575 ORDER granting #1573 Motion for Pro hac vice for John Maxwell Shaw as to City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated. Signed by District Judge Rebecca Beach Smith on 6/14/2022. (tlev, )
June 10, 2022 Opinion or Order Filing 1574 ORDER granting #1572 Motion for Extension of Time to File Response re #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel. Responses due by 7/12/2022. Signed by Magistrate Judge Douglas E. Miller on 6/10/2022. (tamarm, )
June 10, 2022 Filing 1573 Motion to appear Pro Hac Vice by John Maxwell Shaw and Certification of Local Counsel James A. Cales III Filing fee $ 75, receipt number AVAEDC-8427266. by City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated. (Cales, James)
June 9, 2022 Filing 1572 Consent MOTION for Extension of Time to File Response/Reply as to #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel by United Healthcare Services, Inc.. (Attachments: #1 Proposed Order)(Neuhardt, Amy)
June 8, 2022 Opinion or Order Filing 1571 ORDER REFERRING MOTION: #1067 MOTION for Summary Judgment filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp. It is ORDERED that United States Magistrate Judge Douglas E. Miller is designated to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned district judge proposed findings of fact, if applicable, and recommendations for the disposition of the Motion. Signed by District Judge Rebecca Beach Smith on 6/8/2022. (tamarm, )
June 8, 2022 Opinion or Order Filing 1570 ORDER re #1558 Motion to Substitute Attorney. The Court GRANTS the Glenmark Defendants' Nomination and Motion for Substitution of Lead Counsel, and SUBSTITUTES Kirkland & Ellis LLP and, specifically, Jay Philip Lefkowitz as lead counsel in this matter in place of Steven A. Reed and the law firm of Morgan, Lewis & Bockius LLP in this action. Signed by Magistrate Judge Douglas E. Miller on 6/8/2022. (tamarm, )
June 8, 2022 Opinion or Order Filing 1569 ORDER granting #1556 Motion to Withdraw as Attorney. Attorney James Kevin Fee; Richard Brendan Fee; Geoffrey T. Holtz; Zachary Mills Johns; Stacey Anne Mahoney; Steven A. Reed; Melina Rose DiMattio and Mark J. Fanelli terminated. Signed by Magistrate Judge Douglas E. Miller on 6/8/2022. (tamarm, )
June 7, 2022 Filing 1568 NOTICE of Appearance by Edward James Powers on behalf of Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd. (Powers, Edward)
June 6, 2022 MOTIONS REFERRED to Magistrate Judge Miller: #1558 MOTION to Substitute Attorney and Nomination of Lead Counsel (tamarm, )
June 3, 2022 Filing 1567 Memorandum in Support re #1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel filed by All End Payer Plaintiffs. (Cales, James)
June 3, 2022 Filing 1566 Joint MOTION for Entry of a Set-Aside Order at the Request of the End Payor Class Plaintiffs and Direct Purchasers' Counsel by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James)
May 27, 2022 Filing 1565 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated Notice Regarding Dissemination of Court's May 20, 2022 Order to Former Putative Direct Purchaser Class Members (Attachments: #1 Exhibit Declaration of Tina Chiango, RG/2 Claims Administration LLC)(Monroe, William)
May 24, 2022 Status Conference set for 7/22/2022 at 11:00 AM in Norfolk before District Judge Rebecca Beach Smith and Magistrate Judge Douglas E. Miller. (sche)
May 24, 2022 Set Deadlines as to #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark), #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS , #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark), #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs. Motion Hearing set for 7/21/2022 at 10:00 AM before Magistrate Judge Douglas E. Miller in Norfolk Courtroom w/OCR. (cdod, )
May 24, 2022 Set Deadlines as to #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark), #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS , #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark), #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs. Motion Hearing set for 7/20/2022 at 10:00 AM before Magistrate Judge Douglas E. Miller In Norfolk Courtroom w/OCR. (cdod, )
May 20, 2022 Opinion or Order Filing 1564 ORDER granting #1549 Motion for Entry of Order Regarding Joinder of Former Putative Direct Purchaser Class Members; granting #1554 Motion for Status Conference; and granting #1560 Motion for Joinder. Lead counsel for Direct Purchaser Plaintiffs shall deliver a copy of this Order to each Unnamed Direct Purchaser within 3 business days of entry of this Order. Any Unnamed Direct Purchaser shall file its claim(s) by 6/30/22. A status conference will be set for all parties after the joinder period ends. See Order for complete details. Signed by Magistrate Judge Douglas E. Miller on 5/20/22. (bpet, )
May 20, 2022 MOTION REFERRED to Magistrate Judge Douglas E. Miller: #1549 MOTION for Entry of Order Regarding Joinder of Former Putative Direct Purchaser Class Members (bpet, )
May 19, 2022 Filing 1563 REPLY to Response to Motion re #1549 MOTION for Entry of Order Regarding Joinder of Former Putative Direct Purchaser Class Members filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
May 17, 2022 Filing 1562 RESPONSE to Motion re #1554 MOTION For Status Conference Direct Purchaser Plaintiffs' Response to End-Payor Plaintiffs' Motion for Status Conference filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
May 13, 2022 Filing 1561 RESPONSE to Motion re #1549 MOTION for Entry of Order Regarding Joinder of Former Putative Direct Purchaser Class Members (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
May 12, 2022 Filing 1560 MOTION for Joinder in End-Payor Plaintiffs' Motion for Status Conference by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Sawyer, John)
May 12, 2022 Filing 1559 Memorandum in Support re #1558 MOTION to Substitute Attorney and Nomination of Lead Counsel filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Exhibit A - Lefkowitz Biography)(Ottinger, Richard)
May 12, 2022 Filing 1558 MOTION to Substitute Attorney and Nomination of Lead Counsel by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Supplement Proposed Order)(Ottinger, Richard)
May 12, 2022 Filing 1557 Memorandum in Support re #1556 MOTION to Withdraw as Attorney Steven A. Reed, R. Brendan Fee, Zachary M. Johns, Stacey Anne Mahoney, James K. Fee, Geoffrey T. Holtz, Melina R. DiMattio, and Mark J. Fanelli filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
May 12, 2022 Filing 1556 MOTION to Withdraw as Attorney Steven A. Reed, R. Brendan Fee, Zachary M. Johns, Stacey Anne Mahoney, James K. Fee, Geoffrey T. Holtz, Melina R. DiMattio, and Mark J. Fanelli by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Proposed Order Proposed Order)(Ottinger, Richard)
May 12, 2022 Filing 1555 Memorandum in Support re #1554 MOTION For Status Conference filed by All End Payer Plaintiffs. (Cales, James)
May 12, 2022 Filing 1554 MOTION For Status Conference by All End Payer Plaintiffs. (Cales, James) (Main Document 1554 replaced on 5/12/2022 at attorney's request; originally uploaded wrong document) (tamarm, ).
May 12, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1556 MOTION to Withdraw as Attorney Steven A. Reed, R. Brendan Fee, Zachary M. Johns, Stacey Anne Mahoney, James K. Fee, Geoffrey T. Holtz, Melina R. DiMattio, and Mark J. Fanelli (tamarm, )
April 29, 2022 Opinion or Order Filing 1553 ORDER granting #1546 Motion for Pro hac vice for Jay Phillip Lefkowitz as to Glenmark Pharmaceuticals Inc., USA and Glenmark Pharmaceuticals Ltd. Signed by District Judge Rebecca Beach Smith on 2:18md2836. (tlev, )
April 29, 2022 Opinion or Order Filing 1552 ORDER granting #1545 Motion for Pro hac vice for Kevin Michael Neylan, Jr as to Glenmark Pharmaceuticals Inc., USA and Glenmark Pharmaceuticals Ltd. Signed by District Judge Rebecca Beach Smith on 4/29/22. (tlev, )
April 29, 2022 Opinion or Order Filing 1551 ORDER granting #1544 Motion for Pro hac vice for Devora Whitman Allon as to Glenmark Pharmaceuticals Inc., USA and Glenmark Pharmaceuticals Ltd. Signed by District Judge Rebecca Beach Smith on 04/29/22. (tlev, )
April 29, 2022 Filing 1550 Memorandum in Support re #1549 MOTION for Entry of Order Regarding Joinder of Former Putative Direct Purchaser Class Members filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
April 29, 2022 Filing 1549 MOTION for Entry of Order Regarding Joinder of Former Putative Direct Purchaser Class Members by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
April 29, 2022 Opinion or Order Filing 1548 ORDER denying #1532 Motion to Certify the Order for Interlocutory Appeal. Signed by District Judge Rebecca Beach Smith on 4/29/2022. (tamarm, )
April 28, 2022 Filing 1547 Corporate Disclosure Statement by Schering-Plough Corp., Merck Sharp & Dohme Corp., Schering Corp., MSP Singapore Co. LLC, Merck & Co., Inc.. (Noona, Stephen)
April 28, 2022 Filing 1546 Motion to appear Pro Hac Vice by Jay Philip Lefkowitz and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number AVAEDC-8366601. by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
April 28, 2022 Filing 1545 Motion to appear Pro Hac Vice by Kevin Michael Neylan, Jr. and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number AVAEDC-8366557. by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
April 28, 2022 Filing 1544 Motion to appear Pro Hac Vice by Devora Whitman Allon and Certification of Local Counsel Richard H. Ottinger Filing fee $ 75, receipt number AVAEDC-8366541. by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
April 26, 2022 Opinion or Order Filing 1543 ORDER granting #1542 Motion to Withdraw as Attorney. Attorney Adam Michael Carroll terminated. Signed by Magistrate Judge Douglas E. Miller on 4/26/2022. (tamarm, )
April 26, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1542 MOTION to Withdraw as Attorney for Retailer Plaintiffs (local counsel) (tamarm, )
April 22, 2022 Filing 1542 MOTION to Withdraw as Attorney for Retailer Plaintiffs (local counsel) by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Attachments: #1 Proposed Order)(Carroll, Adam)
April 22, 2022 Filing 1541 NOTICE of Appearance by John Frederick Sawyer on behalf of Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co. (Sawyer, John)
April 20, 2022 Filing 1540 Letter to Hon. Douglas E. Miller, United States Magistrate Judge from Direct Purchaser Plaintiffs. (Monroe, William)
April 18, 2022 Filing 1539 REPLY to Response to Motion re #1532 MOTION to Certify an Interlocutory Appeal Under UNDER 28 U.S.C. 1292(b) of the Court's February 24, 2022 Opinion on Market Definition re #1518 Order on Motion to Exclude,,,, Order on Motion for Partial Summary Judgment,,, filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
April 14, 2022 Opinion or Order Filing 1538 ORDER re #1522 MOTION to Dismiss for Failure to State a Claim/Defendants' Supplemental Briefing and Motion to Dismiss United Healthcare Services, Inc.'s Amended Claims for Damages Based on Purchases of Vytorin and Certain Other State-Law Claims filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd., #1520 MOTION to Dismiss for Failure to State a Claim/ MOTION to Dismiss for Lack of Jurisdiction Humana, Centene, and Kaiser Plaintiffs' Amended Claims for Damages Based On Purchases of Vytorin and Certain Other State-Law Claims filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd. It is ORDERED that United States Magistrate Judge Douglas E. Miller, is designated to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned district judge proposed findings of fact, if applicable, and recommendations for the disposition of the Motions. Signed by District Judge Rebecca Beach Smith on 4/14/2022. (tamarm, )
April 13, 2022 Filing 1537 OPINION - the Court ADOPTS IN FULL the findings and recommendations set forth in the Magistrate Judge's thorough and well-reasoned Report and Recommendation filed on 1/25/2022. ECF No. #1480 . The court OVERRULES DPPs' Objections, ECF No. #1494 , and DENIES the Motion, ECF No. #1354 . Signed by District Judge Rebecca Beach Smith on 4/13/2022. (tamarm, )
April 11, 2022 Filing 1536 Opposition to #1532 MOTION to Certify an Interlocutory Appeal Under UNDER 28 U.S.C. 1292(b) of the Court's February 24, 2022 Opinion on Market Definition re #1518 Order on Motion to Exclude,,,, Order on Motion for Partial Summary Judgment,,, filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
April 11, 2022 Filing 1535 REPLY to Response to Motion re #1522 MOTION to Dismiss for Failure to State a Claim Defendants' Supplemental Briefing and Motion to Dismiss United Healthcare Services, Inc.'s Amended Claims for Damages Based on Purchases of Vytorin and Certain Other State-Law Claims filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
April 11, 2022 Filing 1534 REPLY to Response to Motion re #1520 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Humana, Centene, and Kaiser Plaintiffs' Amended Claims for Damages Based On Purchases of Vytorin and Certain Other State-Law Claims filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
March 28, 2022 Filing 1533 Memorandum in Support re #1532 MOTION to Certify an Interlocutory Appeal Under UNDER 28 U.S.C. 1292(b) of the Court's February 24, 2022 Opinion on Market Definition re #1518 Order on Motion to Exclude,,,, Order on Motion for Partial Summary Judgment,,, filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
March 28, 2022 Filing 1532 MOTION to Certify an Interlocutory Appeal Under UNDER 28 U.S.C. 1292(b) of the Court's February 24, 2022 Opinion on Market Definition re #1518 Order on Motion to Exclude,,,, Order on Motion for Partial Summary Judgment,,, by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
March 28, 2022 Filing 1531 RESPONSE to Motion re #1522 MOTION to Dismiss for Failure to State a Claim Defendants' Supplemental Briefing and Motion to Dismiss United Healthcare Services, Inc.'s Amended Claims for Damages Based on Purchases of Vytorin and Certain Other State-Law Claims filed by United Healthcare Services, Inc.. (Neuhardt, Amy)
March 28, 2022 Filing 1530 Memorandum in Opposition re #1520 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Humana, Centene, and Kaiser Plaintiffs' Amended Claims for Damages Based On Purchases of Vytorin and Certain Other State-Law Claims . (Spain, Brett)
March 22, 2022 Filing 1528 TRANSCRIPT of proceedings held on 3-21-2022, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 4/21/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 6/21/2022.(stewart, jody)
March 21, 2022 Filing 1529 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Status Conference held on 3/21/2022. Proceedings:Matter came on for status conference regarding United Healthcares objection to supplemental briefing filed by defendants as detailed in ECF #1525 regarding the Vytorin based claims. Present via zoom were William Bornstein, Judith Zahid, Eric Buetzow, Michael Mitchell, Amy Neuhardt and James Martin on behalf of United. Richard Ottinger, Vincent Papa, Steve Reed, Zak Johns, Brendan Fee present on behalf of Glenmark. Brett Spain and Diane Shrewsbury present on behalf of Kaiser. Tom Sobol, Erin Burns, Rachel Downey and Bill Monroe present on behalf of Direct Purchaser Plaintiffs. Barry Refsin, Adam Carroll, Monica Kiley and Lauren Ravkind present on behalf of Retailer Plaintiffs. Marvin Miller, Michael Buchman, Jim Cales present on behalf of End Purchaser Plaintiffs. Tarek Ismail, Brian Karalunas, Steve Noona, Chris Dusseault, Eric Stock present on behalf of Merck. The Court heard argument from Mr. Bornstein and response from Mr. Fee. The Court made an oral modification of the prior ruling allowing United to have 30 pages for limited supplemental briefing related to the Vytorin issue. No deadlines are altered at this time. Hearing adjourned. (Court Reporter Jody Stewart, OCR.)(cdod, )
March 17, 2022 Filing 1527 Response to #1525 Letter filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
March 17, 2022 Notice of Correction re 1526 Response. The filing user's login does not match the signature on the document. The filing user must refile the document with the filing user's signature block. (tamarm, )
March 16, 2022 Filing 1526 Response to #1525 Letter filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
March 16, 2022 Set Remote Hearing (CV Magistrate)Members of the public wishing to listen to remote proceedings should call the Norfolk Division at 757-222-7222 before the hearing for instructions on how to listen to the proceedings. Recording of court proceedings of any kind is prohibited. Status Conference set for 3/21/2022 at 10:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
March 11, 2022 Filing 1525 Letter to Judge Miller on behalf of United Healthcare Services, Inc.. (Neuhardt, Amy)
March 9, 2022 Opinion or Order Filing 1524 ORDER denying #1512 Motion to Seal. It is ORDERED that the unredacted Opposition, ECF No. #1517 , be unsealed and filed in the public record. Signed by Magistrate Judge Douglas E. Miller on 3/9/2022. (tamarm, )
March 7, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1512 MOTION to Seal Portions of Defendants' Response To Direct Purchaser Plaintiffs' Objections To Report & Recommendation To Deny Their Renewed Motion For Class Certification (Submitted on Behalf of Merck and Glenmark Defendants) (tamarm, )
March 2, 2022 Filing 1523 Memorandum in Support re #1522 MOTION to Dismiss for Failure to State a Claim Defendants' Supplemental Briefing and Motion to Dismiss United Healthcare Services, Inc.'s Amended Claims for Damages Based on Purchases of Vytorin and Certain Other State-Law Claims filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Ottinger, Richard)
March 2, 2022 Filing 1522 MOTION to Dismiss for Failure to State a Claim Defendants' Supplemental Briefing and Motion to Dismiss United Healthcare Services, Inc.'s Amended Claims for Damages Based on Purchases of Vytorin and Certain Other State-Law Claims by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Proposed Order Proposed Order)(Ottinger, Richard)
March 2, 2022 Filing 1521 Memorandum in Support re #1520 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Humana, Centene, and Kaiser Plaintiffs' Amended Claims for Damages Based On Purchases of Vytorin and Certain Other State-Law Claims filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Appendix A, #2 Appendix B, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5)(Ottinger, Richard)
March 2, 2022 Filing 1520 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction Humana, Centene, and Kaiser Plaintiffs' Amended Claims for Damages Based On Purchases of Vytorin and Certain Other State-Law Claims by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Proposed Order Proposed Order)(Ottinger, Richard)
February 25, 2022 Opinion or Order Filing 1519 ORDER DENYING SEALING MOTION - the #1507 Motion to Seal is DENIED and it is ORDERED that the unredacted transcript (ECF No. 1476) be unsealed and filed in the public record. Order is Entered as Modified by the Court. Signed by Magistrate Judge Douglas E. Miller on 2/25/2022. (tamarm, )
February 24, 2022 Opinion or Order Filing 1518 MEMORANDUM ORDER - The court ADOPTS IN FULL the findings and recommendations set forth in the Magistrate Judge's Report and Recommendation. The court OVERRULES Defendants' Objections #1419 and #1423 ; DENIES #1066 Motion to Exclude and #1070 Motion to Exclude; GRANTS #1077 Motion for Partial Summary Judgment and #1080 Motion for Partial Summary Judgment. Signed by District Judge Rebecca Beach Smith on 2/24/2022. (tamarm, )
February 24, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1507 MOTION to Seal Portions of the January 4 Transcript (tamarm, )
February 22, 2022 Filing 1517 Sealed Response/Reply/Opposition re #1512 MOTION to Seal Portions of Defendants' Response To Direct Purchaser Plaintiffs' Objections To Report & Recommendation To Deny Their Renewed Motion For Class Certification (Submitted on Behalf of Merck and Glenmark Defendants), #1516 Response,. (Noona, Stephen)
February 22, 2022 Filing 1516 Response to #1494 Objection,, (Defendants' Response To Direct Purchaser Plaintiffs' Objections To Report & Recommendation To Deny Their Renewed Motion For Class Certification (Submitted on Behalf of Merck and Glenmark Defendants) (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
February 22, 2022 Filing 1515 Declaration re #1513 Memorandum in Support, (of Meredith S. Simons) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
February 22, 2022 Filing 1514 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1512 MOTION to Seal Portions of Defendants' Response To Direct Purchaser Plaintiffs' Objections To Report & Recommendation To Deny Their Renewed Motion For Class Certification (Submitted on Behalf of Merck and Glenmark Defendants) (Noona, Stephen)
February 22, 2022 Filing 1513 Memorandum in Support re #1512 MOTION to Seal Portions of Defendants' Response To Direct Purchaser Plaintiffs' Objections To Report & Recommendation To Deny Their Renewed Motion For Class Certification (Submitted on Behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
February 22, 2022 Filing 1512 MOTION to Seal Portions of Defendants' Response To Direct Purchaser Plaintiffs' Objections To Report & Recommendation To Deny Their Renewed Motion For Class Certification (Submitted on Behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
February 16, 2022 Opinion or Order Filing 1511 ORDER granting #1505 Motion for Extension of Time to File; granting #1505 Motion for Leave to File Excess Pages. Defendants are directed to file Rule 12 motions in response to the amended complaints by UHS, Humana, Centene, and Kaiser by March 2, 2022. Response briefs are due by March 28, 2022, and reply briefs are due by April 11, 2022. Defendants' opening brief in support of their joint motion to dismiss the Humana, Centene, and Kaiser Amended Complaints, and any opposition briefs, shall not exceed forty (40) pages. Signed by Magistrate Judge Douglas E. Miller on 2/16/2022. (tamarm, )
February 16, 2022 Filing 1510 Declaration re #1508 Memorandum in Support of Meredith S. Simons by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
February 16, 2022 Filing 1509 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1507 MOTION to Seal Portions of the January 4 Transcript (Noona, Stephen)
February 16, 2022 Filing 1508 Memorandum in Support re #1507 MOTION to Seal Portions of the January 4 Transcript filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
February 16, 2022 Filing 1507 MOTION to Seal Portions of the January 4 Transcript by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2 (Public Version))(Noona, Stephen)
February 16, 2022 Filing 1506 Memorandum in Support re #1505 Consent MOTION for Extension of Time for Motions to Dismiss Briefing Directed to the Humana, Centene, and Kaiser Plaintiffs' Amended ComplaintsConsent MOTION for Leave to File Excess Pages Limits filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Proposed Order Proposed Order)(Ottinger, Richard)
February 16, 2022 Filing 1505 Consent MOTION for Extension of Time for Motions to Dismiss Briefing Directed to the Humana, Centene, and Kaiser Plaintiffs' Amended Complaints, Consent MOTION for Leave to File Excess Pages by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Shering-Plough Corporation. (Attachments: #1 Proposed Order Proposed Order)(Ottinger, Richard)
February 16, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1505 Consent MOTION for Extension of Time for Motions to Dismiss Briefing Directed to the Humana, Centene, and Kaiser Plaintiffs' Amended Complaints, Consent MOTION for Leave to File Excess Pages (tamarm, )
February 11, 2022 Opinion or Order Filing 1504 SEALING ORDER granting #1464 Motion to Seal. The Clerk is directed to maintain under seal the Portions of Defendants' Objection and Response to Notice. The sealed material shall remain sealed until forty-five (45) days after the final resolution of this matter and then, be returned to counsel, or destroyed. Entered as modified by the Court. Signed by Magistrate Judge Douglas E. Miller on 2/11/2022. (tamarm, )
February 11, 2022 Opinion or Order Filing 1503 SEALING ORDER granting #1387 Motion to Seal Portions of Reply in Support of Direct Purchaser Plaintiffs' Renewed Motion for Class Certification and Exhibits to the Reply Declaration of Thomas M. Sobol in Support ("Motion for Leave"). See Order for details. Entered as modified by the Court. Signed by Magistrate Judge Douglas E. Miller on 2/11/2022. (tamarm, )
February 11, 2022 Opinion or Order Filing 1502 ORDER granting #1470 Motion to Seal Portions of Defendants' Slides Submitted during the January 4, 2022 Hearing on Direct Purchaser Plaintiffs' Renewed Motion For Class Certification. Entered as modified by the Court. Signed by Magistrate Judge Douglas E. Miller on 2/11/2022. (tamarm, )
February 9, 2022 Filing 1501 AMENDED COMPLAINT by Plaintiff United Healthcare Services, Inc. against Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals, Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp., filed by United Healthcare Services, Inc..(Neuhardt, Amy)
February 9, 2022 Filing 1500 AMENDED COMPLAINT against Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp., filed by Kaiser Foundation Health Plan, Inc..(Spain, Brett)
February 9, 2022 Filing 1499 AMENDED COMPLAINT against Glenmark Pharmaceuticals Ltd., Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp., filed by Humana Inc.(Spain, Brett)
February 9, 2022 Filing 1498 AMENDED COMPLAINT against Glenmark Pharmaceuticals Ltd., Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp., filed by NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC., CENTENE CORPORATION, HEALTH NET, LLC.(Spain, Brett)
February 9, 2022 Opinion or Order Filing 1497 OPINION AND ORDER granting #1430 Motion for Entry of an Order to Approve the Form and Manner of Notice and Appoint a Notice Administrator. The Notice Plan described in the Young Declaration and attached to this Order as Exhibit A is approved. Class Counsel shall cause the short form Notice substantially in the form attached be disseminated beginning no later than THIRTY (30) DAYS. (See Order for details.) The Court appoints A.B. Data as Notice Administrator. Signed by Magistrate Judge Douglas E. Miller on 2/9/2022. (tamarm, )
February 8, 2022 Filing 1496 Declaration re #1494 Objection,, Declaration of Joseph M. Vanek by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
February 8, 2022 Filing 1495 Declaration re #1494 Objection,, Declaration of Linda P. Nussbaum by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
February 8, 2022 Filing 1494 Objection to #1480 REPORT AND RECOMMENDATIONS re #1354 MOTION to Certify Class filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all o filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
February 8, 2022 Filing 1493 TRANSCRIPT of proceedings held on 2-3-2022, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/10/2022. Redacted Transcript Deadline set for 4/11/2022. Release of Transcript Restriction set for 5/9/2022.(stewart, jody)
February 7, 2022 Opinion or Order Filing 1492 ORDER denying #1459 Motion for Protective Order. Signed by Magistrate Judge Douglas E. Miller on 2/7/2022. (tamarm, )
February 3, 2022 Opinion or Order Filing 1491 STIPULATED AGREED ORDER ON DEFENDANTS' NAMES AND DOCKET re #1475 Joint Motion for Entry of Stipulated Agreed Order. The Clerk is ordered to remove the Merck Alternative Party Designations from the Docket and electronic filing system. Signed by Magistrate Judge Douglas E. Miller on 2/3/2022. (tamarm, )
February 3, 2022 Filing 1490 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 2/3/2022 re #1430 MOTION Approval of Form and Manner of Notice to Class and Appoint Notice Administrator filed by All End Payer Plaintiffs, #1459 MOTION for Protective Order and Proposed Order filed by All End Payer Plaintiffs. Matter came on for hearing on pending Motions for Protective Order (#1459) and to Approve Form and Manner of Notice & Appoint Notice Administrator by all EPPS (#1430). See attached list of counsel present via zoom for the hearing. Counsel first argued the motion regarding notice (#1430). Court to issue an order. Counsel then argued the motion for protective order (#1459). Court to issue an order. Court took up several housekeeping matters. Hearing adjourned. (Attachments: #1 List of Counsel, #2 List of Counsel) (Court Reporter Jody Stewart, OCR.)(cdod, )
February 3, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1475 Joint MOTION for Entry of Stipulated Agreed Order on Defendants' Names and Docket and Memorandum in Support (tamarm, )
January 31, 2022 Filing 1489 TRANSCRIPT of videoconference proceedings held on 1/27/2022, before Judge Douglas E. Miller, Court Reporter/Transcriber Paul McManus, Telephone number 757-222-7077. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/2/2022. Redacted Transcript Deadline set for 4/4/2022. Release of Transcript Restriction set for 5/2/2022.(mcmanus, paul)
January 28, 2022 Opinion or Order Filing 1488 ORDER granting #1483 Motion to Withdraw as Attorney. Attorneys Edward Takashima, Katherine Marie Cheng, and Abby Dennis terminated. Signed by Magistrate Judge Douglas E. Miller on 1/28/22. (bpet, )
January 28, 2022 Opinion or Order Filing 1487 ORDER. United and any other plaintiff asserting Vytorin claims may amend their complaints by 2/9/22. Defendants are directed to file Rule 12 motions by 2/23/22. The parties are directed to abide by the briefing schedules specified herein. Signed by Magistrate Judge Douglas E. Miller on 1/28/22. (bpet, )
January 28, 2022 MOTIONS REFERRED to Magistrate Judge Douglas E. Miller: #1459 MOTION for Protective Order. (bpet, )
January 27, 2022 Filing 1486 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 1/27/2022 re #1282 MOTION to Dismiss for Failure to State a Claim Against United Healthcare Services, Inc.'s Claims for Damages Based on Purchases of Vytorin filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. Matter came on for hearing on pending Motion to Dismiss for Failure to State a Claim (#1282). List of counsel present attached. Counsel argued the motion and responded to questions by the Court. The Court takes the matter under advisement. A short order will be entered extending the briefing schedule and then a Report and Recommendation will be issued once all briefing is completed on the motions to dismiss. Hearing adjourned. (Attachments: #1 List of Participating Counsel) (Court Reporter Paul McManus, OCR.)(cdod, )
January 27, 2022 Filing 1485 REPLY to Response to Motion re #1459 MOTION for Protective Order and Proposed Order filed by All End Payer Plaintiffs. (Cales, James)
January 27, 2022 Opinion or Order Filing 1484 ORDER granting #1482 Motion for Pro hac vice for William Bornstein as to United Healthcare Services, Inc. Signed by District Judge Rebecca Beach Smith on 1/27/22. (tlev, )
January 27, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1483 MOTION to Withdraw as Attorney Abby Dennis, Edward Takashima, and Katherine Cheng (tamarm, )
January 26, 2022 Filing 1483 MOTION to Withdraw as Attorney Abby Dennis, Edward Takashima, and Katherine Cheng by United Healthcare Services, Inc.. (Attachments: #1 Proposed Order)(Neuhardt, Amy)
January 26, 2022 Filing 1482 Second Motion to appear Pro Hac Vice by William Bornstein and Certification of Local Counsel Amy Neuhardt by United Healthcare Services, Inc.. (Neuhardt, Amy)
January 26, 2022 Notice of Correction re #1481 Motion to appear Pro Hac Vice by William Bornstein and Certification of Local Counsel Amy Neuhardt Filing fee $ 75, receipt number AVAEDC-8211507. The motion does not contain the signature of the applicant. Local counsel should file a corrected motion that includes the written signature of the applicant. Counsel should not pay a second fee. (tlev, )
January 25, 2022 Filing 1481 Motion to appear Pro Hac Vice by William Bornstein and Certification of Local Counsel Amy Neuhardt Filing fee $ 75, receipt number AVAEDC-8211507. by United Healthcare Services, Inc.. (Neuhardt, Amy)
January 25, 2022 Filing 1480 REPORT AND RECOMMENDATION re #1354 MOTION to Certify Class filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. Signed by Magistrate Judge Douglas E. Miller on 1/24/2022. (tamarm, )
January 25, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1470 MOTION to Seal Portions of Presentation Slides from Hearing, #1464 MOTION to Seal (Defendants' Motion For Leave To Seal Portions Of Defendants' Objection And Response To Direct Purchaser Plaintiffs' "Notice On Joinder Plaintiffs In Modafinil And Androgel) (filed by both Merck and Glenmark Defendants) (tamarm, )
January 21, 2022 Filing 1479 RESPONSE to Motion re #1459 MOTION for Protective Order and Proposed Order / Opposition to End-Payor Plaintiffs' Motion for a Protective Order filed by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Attachments: #1 Declaration of Diane Shrewsbury)(Spain, Brett)
January 21, 2022 Filing 1478 RESPONSE to Motion re #1459 MOTION for Protective Order and Proposed Order (Defendants' Response To End-Payor Plaintiffs' Motion For Protective Order )(filed for Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 20, 2022 Opinion or Order Filing 1477 ORDER denying #1453 Motion for Leave to File Supplemental Brief. Signed by District Judge Rebecca Beach Smith on 1/20/2022. (tamarm, )
January 19, 2022 Filing 1476 TRANSCRIPT of Proceedings held on 1/4/2022, before Judge Douglas E. Miller, Court Reporter/Transcriber Paul McManus, Telephone number 757-222-7077. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 2/18/2022. Redacted Transcript Deadline set for 3/21/2022. Release of Transcript Restriction set for 4/19/2022.(mcmanus, paul)
January 18, 2022 Filing 1475 Joint MOTION for Entry of Stipulated Agreed Order on Defendants' Names and Docket and Memorandum in Support by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 12, 2022 Set Deadlines as to #1430 MOTION Approval of Form and Manner of Notice to Class and Appoint Notice Administrator . Motion Hearing set for 2/3/2022 at 10:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
January 12, 2022 Notice of Correction re #1463 NOTICE - Withdrawal of Appearance. Pursuant to Local Civil Rule 83.1(G) - No attorney who has entered an appearance shall withdraw such appearance except on order of the Court. Please file a Motion to Withdraw Appearance. (tamarm, )
January 11, 2022 Filing 1474 Sealed Attachment/Exhibit(s) re #1470 MOTION to Seal Portions of Presentation Slides from Hearing. (Attachments: #1 Exhibit 2 (SEALED))(Noona, Stephen)
January 11, 2022 Filing 1473 Declaration re #1471 Memorandum in Support (of Meredith S. Simons) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 11, 2022 Filing 1472 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1470 MOTION to Seal Portions of Presentation Slides from Hearing (Noona, Stephen)
January 11, 2022 Filing 1471 Memorandum in Support re #1470 MOTION to Seal Portions of Presentation Slides from Hearing filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 11, 2022 Filing 1470 MOTION to Seal Portions of Presentation Slides from Hearing by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2 (Public Version))(Noona, Stephen)
January 11, 2022 Filing 1469 Sealed Document re #1468 Objection, #1464 MOTION to Seal (Defendants' Motion For Leave To Seal Portions Of Defendants' Objection And Response To Direct Purchaser Plaintiffs' "Notice On Joinder Plaintiffs In Modafinil And Androgel) (filed by both Merck and Glenmark Defen. (Noona, Stephen)
January 11, 2022 Filing 1468 Objection to #1457 NOTICE, (Defendants' Objection And Response To Direct Purchaser Plaintiffs' "Notice On Joinder Plaintiffs In Modafinil And Androgel" (filed by both Merck and Glenmark Defendants) (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 11, 2022 Filing 1467 Declaration re #1465 Memorandum in Support, of Meredith S. Simons by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 11, 2022 Filing 1466 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1464 MOTION to Seal (Defendants' Motion For Leave To Seal Portions Of Defendants' Objection And Response To Direct Purchaser Plaintiffs' "Notice On Joinder Plaintiffs In Modafinil And Androgel) (filed by both Merck and Glenmark Defen (Noona, Stephen)
January 11, 2022 Filing 1465 Memorandum in Support re #1464 MOTION to Seal (Defendants' Motion For Leave To Seal Portions Of Defendants' Objection And Response To Direct Purchaser Plaintiffs' "Notice On Joinder Plaintiffs In Modafinil And Androgel) (filed by both Merck and Glenmark Defen filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
January 11, 2022 Filing 1464 MOTION to Seal (Defendants' Motion For Leave To Seal Portions Of Defendants' Objection And Response To Direct Purchaser Plaintiffs' "Notice On Joinder Plaintiffs In Modafinil And Androgel) (filed by both Merck and Glenmark Defendants) ) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
January 11, 2022 Filing 1463 NOTICE by United Healthcare Services, Inc. Withdrawal of Appearance of Abby Dennis (Neuhardt, Amy)
January 11, 2022 Opinion or Order Filing 1462 ORDER granting #1461 Motion for Pro hac vice for Michael Scott Mitchell as to United Healthcare Services, Inc. Signed by District Judge Rebecca Beach Smith on 1/11/22. (tlev, )
January 7, 2022 Filing 1461 Motion to appear Pro Hac Vice by Michael S. Mitchell and Certification of Local Counsel Amy L. Neuhardt Filing fee $ 75, receipt number AVAEDC-8185200. by United Healthcare Services, Inc.. (Neuhardt, Amy)
January 7, 2022 Filing 1460 Memorandum in Support re #1459 MOTION for Protective Order and Proposed Order filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit Declaration of M. Buchman, #2 Exhibit)(Cales, James)
January 7, 2022 Filing 1459 MOTION for Protective Order and Proposed Order by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James)
January 7, 2022 MOTIONS REFERRED to Magistrate Judge Miller. #1430 MOTION Approval of Form and Manner of Notice to Class and Appoint Notice Administrator (tamarm, )
January 6, 2022 Filing 1457 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated Direct Purchaser Plaintiffs' Notice on Joinder Plaintiffs in Modafinil and Androgel (Monroe, William)
January 6, 2022 Set Deadlines as to #1282 MOTION to Dismiss for Failure to State a Claim Against United Healthcare Services, Inc.'s Claims for Damages Based on Purchases of Vytorin. Motion Hearing set for 1/27/2022 at 10:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
January 4, 2022 Filing 1458 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 1/4/2022 re #1354 MOTION to Certify Class filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 List of Counsel) Matter came on for hearing on pending Motion to Certify Class (#1354). Present via zoom were counsel for all parties (list attached). Tom Sobol, counsel for Direct Purchaser Plaintiffs argued the motion. Chris Dusseault, counsel for Merck responded, as did Steven Reed, counsel for Glenmark. The Court took the matter under consideration and will issue a Report and Recommendation. Hearing adjourned. (Court Reporter Paul McManus, OCR.)(cdod, )
December 29, 2021 Filing 1456 REPLY to Response to Motion re #1453 MOTION for Leave to File A Supplemental Brief in Further Support of its Objections to the November 1, 2021 Report and Recommendation on Plaintiffs' Motion for Partial Summary Judgment on Market Definition filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
December 24, 2021 Filing 1455 Opposition to #1453 MOTION for Leave to File A Supplemental Brief in Further Support of its Objections to the November 1, 2021 Report and Recommendation on Plaintiffs' Motion for Partial Summary Judgment on Market Definition filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
December 22, 2021 Filing 1454 Memorandum in Support re #1453 MOTION for Leave to File A Supplemental Brief in Further Support of its Objections to the November 1, 2021 Report and Recommendation on Plaintiffs' Motion for Partial Summary Judgment on Market Definition filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Exhibit 1 - Supplemental Brief)(Ottinger, Richard)
December 22, 2021 Filing 1453 MOTION for Leave to File A Supplemental Brief in Further Support of its Objections to the November 1, 2021 Report and Recommendation on Plaintiffs' Motion for Partial Summary Judgment on Market Definition by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: #1 Proposed Order Proposed Order)(Ottinger, Richard)
December 16, 2021 Filing 1452 Request for Hearing by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd., MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1430 MOTION Approval of Form and Manner of Notice to Class and Appoint Notice Administrator (Ottinger, Richard)
December 16, 2021 Opinion or Order Filing 1451 JOINT STIPULATION ORDER REGARDING ISSUES DECIDED re ECF #1444 Motion. Signed by Magistrate Judge Douglas E. Miller on 12/16/21. (afar)
December 16, 2021 Opinion or Order Filing 1450 JOINT STIPULATION ORDER REGARDING ISSUES DECIDED re ECF #1443 Motion. Signed by Magistrate Judge Douglas E. Miller on 12/16/21. (afar)
December 16, 2021 Opinion or Order Filing 1449 JOINT STIPULATION ORDER REGARDING ISSUES DECIDED. Signed by Magistrate Judge Douglas E. Miller on 12/16/21. (afar)
December 16, 2021 Opinion or Order Filing 1448 JOINT SCHEDULING ORDER. Signed by Magistrate Judge Douglas E. Miller on 12/16/21. (afar)
December 16, 2021 Opinion or Order Filing 1447 ORDER granting #1396 Motion for Confirmation that Pretrial Order No. 9 is Inapplicable to the Transferred Cases; ORDER ENTERED AS MODIFIED BY THE COURT. ORDERED that Kaiser's, Humana's, and the Centene Companies' actions are not governed by the schedule and related obligations set forth in Pretrial Order No. 9. Signed by Magistrate Judge Douglas E. Miller on 12/16/21. (bpet, )
December 15, 2021 Filing 1446 END PAYOR PLAINTIFFS' NOTICE OF REQUEST FOR RULING WITHOUT A HEARING by All End Payer Plaintiffs re #1430 MOTION Approval of Form and Manner of Notice to Class and Appoint Notice Administrator (Cales, James)
December 15, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1441 Joint MOTION Entry of Scheduling Order , #1443 Joint MOTION Entry of order regarding Joint Stipulation Joint Motion for Entry of Joint Stipulation Regarding Issues Decided and Memorandum in Support, #1442 Joint MOTION Entry of Order regarding Joint Stipulation Joint Motion for Entry of Joint Stipulation Regarding Issues Decided and Memorandum in Support, #1444 Joint MOTION Entry of order regarding Joint Stipulation Joint Motion for Entry of Joint Stipulation Regarding Issues Decided and Memorandum in Support (tamarm, )
December 14, 2021 Filing 1445 Rebuttal Brief re #1430 MOTION Approval of Form and Manner of Notice to Class and Appoint Notice Administrator filed by All End Payer Plaintiffs. (Cales, James)
December 10, 2021 Filing 1444 Joint MOTION Entry of order regarding Joint Stipulation Joint Motion for Entry of Joint Stipulation Regarding Issues Decided and Memorandum in Support by CENTENE CORPORATION, HEALTH NET, LLC, NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Attachments: #1 Exhibit A)(Spain, Brett)
December 10, 2021 Filing 1443 Joint MOTION Entry of order regarding Joint Stipulation Joint Motion for Entry of Joint Stipulation Regarding Issues Decided and Memorandum in Support by Kaiser Foundation Health Plan, Inc.. (Attachments: #1 Exhibit A)(Spain, Brett)
December 10, 2021 Filing 1442 Joint MOTION Entry of Order regarding Joint Stipulation Joint Motion for Entry of Joint Stipulation Regarding Issues Decided and Memorandum in Support by Humana Inc. (Attachments: #1 Exhibit A)(Spain, Brett)
December 10, 2021 Filing 1441 Joint MOTION Entry of Scheduling Order by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Attachments: #1 Exhibit Joint Proposed Scheduling Order)(Spain, Brett)
December 8, 2021 Filing 1440 Declaration re #1439 Opposition, (of Eric J. Stock) (filed on behalf of Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
December 8, 2021 Filing 1439 Opposition to #1430 MOTION Approval of Form and Manner of Notice to Class and Appoint Notice Administrator (Defendants' Opposition To End-Payor Plaintiffs' Motion For Entry Of An Order To Approve The Form And Manner Of Notice For The End-Payor Class )(filed by Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
December 3, 2021 Opinion or Order Filing 1438 ORDER granting #1436 Motion Seeking Leave of Court to Allow Filing of One Omnibus Brief. Purchaser Plaintiffs may submit one omnibus brief of no longer than 45 pages in response to both Glenmark's objection (ECF No. 1419) and Merck's objection (ECF No. 1423). Signed by Magistrate Judge Douglas E. Miller on 12/3/2021. (tamarm, )
December 3, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1436 Consent MOTION Seek Leave of Court Allowing Purchasers to File One Omnibus Brief in Response to Defendants' Objections to the Court's Report and Recommendation re #1423 Objection to Report and Recommendations, #1419 Objection to Report (tamarm, )
December 2, 2021 Filing 1437 Opposition to #1423 Objection to Report and Recommendations, #1419 Objection to Report and Recommendations Granting Partial Summary Judgment Concerning the Relevant Market filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit A.)(Monroe, William)
December 2, 2021 Filing 1436 Consent MOTION Seek Leave of Court Allowing Purchasers to File One Omnibus Brief in Response to Defendants' Objections to the Court's Report and Recommendation re #1423 Objection to Report and Recommendations, #1419 Objection to Report and Recommendations by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
December 2, 2021 Opinion or Order Filing 1435 ORDER granting #1433 Motion to Withdraw as Attorney. Attorney Nicholas Urban terminated. Signed by Magistrate Judge Douglas E. Miller on 12/2/2021. (tamarm, )
December 1, 2021 Filing 1434 Response to #1428 NOTICE of Supplemental Authority filed by United Healthcare Services, Inc.. (Neuhardt, Amy)
December 1, 2021 Filing 1433 MOTION to Withdraw as Attorney Nicholas Urban by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
December 1, 2021 Notice of Correction re #1432 NOTICE. Pursuant to Local Rule 83.1(G), no attorney shall withdraw an appearance except on order of the Court. Please file an appropriate Motion to Withdraw. (tamarm, )
December 1, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1433 MOTION to Withdraw as Attorney Nicholas Urban (tamarm, )
November 30, 2021 Filing 1432 NOTICE by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated of the Withdrawal of Appearance of Counsel - Nicholas Urban (Monroe, William)
November 24, 2021 Filing 1431 Memorandum of Law in Support re #1430 MOTION For Entry of An Order to Approve the Form and Manner of Notice, and Appoint Notice Administrator filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit L. Young Declaration)(Cales, James) Modified text on 11/26/2021 (tamarm, ).
November 24, 2021 Filing 1430 MOTION for Entry of An Order to Approve the Form and Manner of Notice and Appoint Notice Administrator by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James) Modified text on 11/26/2021 (tamarm, ).
November 24, 2021 Filing 1429 MOTION Approval of Form and Manner of Notice to Class and Appoint Notice Administrator . (Attachments: # 1 Proposed Order)Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00023-RBS-DEM, 2:18-cv-00035-RBS-DEM, 2:18-cv-00039-RBS-DEM, 2:18-cv-00071-RBS-DEM, 2:18-cv-00108-RBS-DEM, 2:18-cv-00116-RBS-DEM, 2:18-cv-00130-RBS-DEM, 2:18-cv-00213-RBS-DEM, 2:18-cv-00232-RBS-DEM, 2:18-cv-00266-RBS-DEM, 2:18-cv-00352-RBS-DEM, 2:18-cv-00403-RBS-DEM, 2:18-cv-00423-RBS-DEM, 2:18-cv-00439-RBS-DEM, 2:18-cv-01000-RBS-DEM, 2:18-cv-01001-RBS-DEM, 2:18-cv-01002-RBS-DEM, 2:18-cv-01003-RBS-DEM, 2:18-cv-01004-RBS-DEM, 2:20-cv-01005-RBS-DEM, 2:21-cv-01006-RBS-DEM, 2:21-cv-01007-RBS-DEM, 2:21-cv-01008-RBS-DEM(Cales, James) Modified on 11/26/2021; document removed - refiled at ECF #1430 (tamarm, ).
November 24, 2021 Filing 1428 NOTICE by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd. re #1283 Memorandum in Support, Notice of Supplemental Authority in Support of its Motion to Dismiss (Attachments: #1 Exhibit A)(Ottinger, Richard)
November 24, 2021 Opinion or Order Filing 1427 ORDER granting #1420 Motion to Seal. Signed by Magistrate Judge Douglas E. Miller on 11/24/21. (bpet, )
November 23, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1420 MOTION to Seal Certain Documents related to Objections (tamarm, )
November 18, 2021 Opinion or Order Filing 1426 ORDER granting #1425 Motion for Extension of Time to File Response. The Plaintiffs' deadline for filing a response to Defendants' Objections to the 11/1/2021 Report and Recommendation Granting Partial Summary Judgment regarding the Relevant Market is extended 3 days, from 11/29/2021 to 12/2/2021. Signed by District Judge Rebecca Beach Smith on 11/18/2021. (tamarm, )
November 17, 2021 Filing 1425 Consent MOTION for Extension of Time to File Response/Reply as to #1423 Objection to Report and Recommendations, #1419 Objection to Report and Recommendations by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
November 17, 2021 Set Deadlines as to #1354 MOTION to Certify Class . Motion Hearing set for 1/4/2022 at 10:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
November 15, 2021 Filing 1424 Sealed Document re #1420 MOTION to Seal Certain Documents related to Objections, #1423 Objection to Report and Recommendations,. (Noona, Stephen)
November 15, 2021 Filing 1423 OBJECTION to #1391 Report and Recommendations (The Merck Defendants' Objections To The Report And Recommendation Granting Partial Summary Judgment Concerning The Relevant Market)(Public Version) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
November 15, 2021 Filing 1422 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1420 MOTION to Seal Certain Documents related to Objections (Noona, Stephen)
November 15, 2021 Filing 1421 Memorandum in Support re #1420 MOTION to Seal Certain Documents related to Objections filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
November 15, 2021 Filing 1420 MOTION to Seal Certain Documents related to Objections by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
November 15, 2021 Filing 1419 OBJECTION to #1391 Report and Recommendations by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Ottinger, Richard)
November 8, 2021 Opinion or Order Filing 1418 ORDER re #1354 MOTION to Certify Class filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. It is ORDERED that United States Magistrate Judge Douglas E. Miller, is designated to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned district judge proposed findings of fact, if applicable, and recommendations for the disposition of the Motion. Signed by District Judge Rebecca Beach Smith on 11/8/2021. (tamarm, )
November 8, 2021 Opinion or Order Filing 1417 ORDER granting #1412 Motion for Pro hac vice for Daniel Allen Sasse as to CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION and WELLCARE HEALTH PLANS, INC. Signed by District Judge Rebecca Beach Smith on 11/8/21. (tlev, )
November 8, 2021 Opinion or Order Filing 1416 ORDER granting #1411 Motion for Pro hac vice for Mark M. Supko as to CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION and WELLCARE HEALTH PLANS, INC. Signed by District Judge Rebecca Beach Smith on 11/8/21. (tlev, )
November 8, 2021 Opinion or Order Filing 1415 ORDER granting #1410 Motion for Pro hac vice for Tiffanie L. McDowell as to CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION and WELLCARE HEALTH PLANS, INC. Signed by District Judge Rebecca Beach Smith on 11/8/21. (tlev, )
November 8, 2021 Opinion or Order Filing 1414 ORDER granting #1409 Motion for Pro hac vice for Diane A. Shrewsbury as to CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION and WELLCARE HEALTH PLANS, INC. Signed by District Judge Rebecca Beach Smith on 11/8/21. (tlev, )
November 8, 2021 Opinion or Order Filing 1413 ORDER granting #1375 Motion to Seal entered as modified by the Court. The Clerk is directed to maintain under seal the Portions of Defendants Opposition to Class Certification. The sealed material shall remain sealed until 45 days after the final resolution of this matter and then, be returned to counsel. Signed by Magistrate Judge Douglas E. Miller on 11/8/2021. (tamarm, )
November 5, 2021 Filing 1412 Motion to appear Pro Hac Vice by Daniel A. Sasse and Certification of Local Counsel Brett A. Spain Filing fee $ 75, receipt number AVAEDC-8089409. by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
November 5, 2021 Filing 1411 Motion to appear Pro Hac Vice by Mark M. Supko and Certification of Local Counsel Brett A. Spain Filing fee $ 75, receipt number AVAEDC-8087617. by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
November 5, 2021 Filing 1410 Motion to appear Pro Hac Vice by Tiffanie L. McDowell and Certification of Local Counsel Brett A. Spain Filing fee $ 75, receipt number AVAEDC-8087605. by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
November 5, 2021 Filing 1409 Motion to appear Pro Hac Vice by Diane A. Shrewsbury and Certification of Local Counsel Brett A. Spain Filing fee $ 75, receipt number AVAEDC-8087568. by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
November 5, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1387 MOTION to Seal Portions of Reply In Support of Direct Purchaser Class Plaintiffs Renewed Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol In Support (tamarm, )
November 4, 2021 Filing 1408 WAIVER OF SERVICE Returned Executed for Schering-Plough Corporation by NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC., CENTENE CORPORATION, HEALTH NET, LLC. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1407 WAIVER OF SERVICE Returned Executed for Schering Corporation by NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC., CENTENE CORPORATION, HEALTH NET, LLC. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1406 WAIVER OF SERVICE Returned Executed for Glenmark Pharmaceuticals Ltd. by NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC., CENTENE CORPORATION, HEALTH NET, LLC. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1405 WAIVER OF SERVICE Returned Executed for Merck & Company, Inc. by NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC., CENTENE CORPORATION, HEALTH NET, LLC. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1404 WAIVER OF SERVICE Returned Executed for Merck Sharp & Dohme Corporation by NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC., CENTENE CORPORATION, HEALTH NET, LLC. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1403 WAIVER OF SERVICE Returned Executed for Glenmark Pharmaceuticals Ltd. by Humana Inc. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1402 WAIVER OF SERVICE Returned Executed for Schering-Plough Corporation by Humana Inc. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1401 WAIVER OF SERVICE Returned Executed for Merck & Company, Inc. by Humana Inc. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1400 WAIVER OF SERVICE Returned Executed for Merck Sharp & Dohme Corporation by Humana Inc. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1399 WAIVER OF SERVICE Returned Executed for Schering Corporation by Humana Inc. (Spain, Brett) Modified text on 11/5/2021 (tamarm, ).
November 4, 2021 Filing 1398 RESPONSE in Support re #1387 MOTION to Seal Portions of Reply In Support of Direct Purchaser Class Plaintiffs Renewed Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol In Support (filed on behalf of Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
November 4, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1396 Consent MOTION Confirmation that Pretrial Order No. 9 is inapplicable to the filing parties' transferred cases re #1348 Order (tamarm, )
November 3, 2021 Filing 1397 Memorandum in Support re #1396 Consent MOTION Confirmation that Pretrial Order No. 9 is inapplicable to the filing parties' transferred cases re #1348 Order,,, filed by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Spain, Brett)
November 3, 2021 Filing 1396 Consent MOTION Confirmation that Pretrial Order No. 9 is inapplicable to the filing parties' transferred cases re #1348 Order,,, by CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC.. (Attachments: #1 Proposed Order)(Spain, Brett)
November 3, 2021 Filing 1395 NOTICE of Appearance by Bethany Jean Fogerty on behalf of CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC. (Fogerty, Bethany)
November 3, 2021 Filing 1394 NOTICE of Appearance by Brett Alexander Spain on behalf of CENTENE CORPORATION, HEALTH NET, LLC, Humana Inc, Kaiser Foundation Health Plan, Inc., NEW YORK QUALITY HEALTHCARE CORPORATION, WELLCARE HEALTH PLANS. INC. (Spain, Brett)
November 3, 2021 Opinion or Order Filing 1393 AGREED ORDER GRANTING JOINT MOTION AND MEMORANDUM IN SUPPORT OF JOINT MOTION TO SEAL AND REMOVE PUBLIC ACCESS TO THE VERSION OF EXHIBIT L AT ECF [1057-12] re #1372 Motion to Seal. The Motion to Seal and Remove Public Access to Exhibit L is GRANTED. The Clerk is directed to seal and remove from public access Exhibit L (ECF 1057-12). Signed by Magistrate Judge Douglas E. Miller on 11/3/2021. (tamarm, )
November 3, 2021 Opinion or Order Filing 1392 AGREED ORDER GRANTING JOINT MOTION AND MEMORANDUM IN SUPPORT OF JOINT MOTION TO SEAL AND REMOVE PUBLIC ACCESS TO CERTAIN DOCUMENTS - re #1370 Motion to Seal. The Clerk is directed to seal and remove public access from the following pleadings: Purchasers' Consolidated Opposition to Merck and Glenmark's Motions for Summary Judgment (filed at ECF 1155); Exhibit PX044 (filed at ECF 1148-4); Exhibit PX045 (filed at ECF 1148-5); Exhibit PX054 (filed at ECF 1148-14); Exhibit PX055 (filed at ECF 1150-1; Exhibit PX056 (filed at ECF 1150-2); Exhibit PX060 (filed at ECF 1150-6); and Exhibit PX061 (filed at ECF 1150-7). Signed by Magistrate Judge Douglas E. Miller on 11/3/2021. (tamarm, )
November 2, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1375 MOTION to Seal Certain Documents in Support of Defendants' Opposition To Direct Purchaser Plaintiffs' Renewed Motion For Class Certification (filed for Merck and Glenmark Defendants) (tamarm, )
November 1, 2021 Filing 1391 REPORT AND RECOMMENDATIONS re #1080 MOTION for Partial Summary Judgment filed by All End Payer Plaintiffs, #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, #1070 MOTION to Exclude Proposed Testimony of Anupam Jena filed by All End Payer Plaintiffs. Signed by Magistrate Judge Douglas E. Miller on 11/1/2021. (tamarm, )
October 28, 2021 Filing 1390 Memorandum in Support re #1387 MOTION to Seal Portions of Reply In Support of Direct Purchaser Class Plaintiffs Renewed Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol In Support filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
October 28, 2021 Filing 1389 Sealed Document re #1387 MOTION to Seal Portions of Reply In Support of Direct Purchaser Class Plaintiffs Renewed Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol In Support. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Monroe, William)
October 28, 2021 Filing 1388 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1387 MOTION to Seal Portions of Reply In Support of Direct Purchaser Class Plaintiffs Renewed Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol In Support (Monroe, William)
October 28, 2021 Filing 1387 MOTION to Seal Portions of Reply In Support of Direct Purchaser Class Plaintiffs Renewed Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol In Support by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William) (Attachment 1 replaced on 10/29/2021) (tamarm, ).
October 28, 2021 Filing 1386 Declaration re #1385 Reply to Response to Motion, In Support of Direct Purchaser Class Plaintiffs Renewed Motion for Class Certification by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit 1 [Redacted], #2 Exhibit 2 [Redacted], #3 Exhibit 3, #4 Exhibit 4)(Monroe, William)
October 28, 2021 Filing 1385 REPLY to Response to Motion re #1354 MOTION to Certify Class filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
October 22, 2021 Filing 1384 Sealed Attachment/Exhibit(s) re #1375 MOTION to Seal Certain Documents in Support of Defendants' Opposition To Direct Purchaser Plaintiffs' Renewed Motion For Class Certification (filed for Merck and Glenmark Defendants), #1380 Declaration,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Noona, Stephen)
October 22, 2021 Filing 1383 Sealed Response/Reply/Opposition re #1379 Memorandum in Opposition, #1375 MOTION to Seal Certain Documents in Support of Defendants' Opposition To Direct Purchaser Plaintiffs' Renewed Motion For Class Certification (filed for Merck and Glenmark Defendants). (Noona, Stephen)
October 22, 2021 Filing 1382 Declaration re #1379 Memorandum in Opposition, (of Dmitrey Kuznetsov) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 22, 2021 Filing 1381 Declaration re #1379 Memorandum in Opposition, (of Jim Curotto) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 22, 2021 Filing 1380 Declaration re #1379 Memorandum in Opposition, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1(Public Version), #2 Exhibit 2 (Public Version), #3 Exhibit 3 (Public Version))(Noona, Stephen)
October 22, 2021 Filing 1379 Memorandum in Opposition re #1354 MOTION to Certify Class (Defendants' Opposition To Direct Purchaser Plaintiffs' Renewed Motion For Class Certification (filed for Merck and Glenmark Defendants) (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 22, 2021 Filing 1378 Declaration re #1376 Memorandum in Support, OF MEREDITH S. SIMONS by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 22, 2021 Filing 1377 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1375 MOTION to Seal Certain Documents in Support of Defendants' Opposition To Direct Purchaser Plaintiffs' Renewed Motion For Class Certification (filed for Merck and Glenmark Defendants) (Noona, Stephen)
October 22, 2021 Filing 1376 Memorandum in Support re #1375 MOTION to Seal Certain Documents in Support of Defendants' Opposition To Direct Purchaser Plaintiffs' Renewed Motion For Class Certification (filed for Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 22, 2021 Filing 1375 MOTION to Seal Certain Documents in Support of Defendants' Opposition To Direct Purchaser Plaintiffs' Renewed Motion For Class Certification (filed for Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (proposed order))(Noona, Stephen)
October 22, 2021 Filing 1374 NOTICE of Appearance by Amy Lynn Neuhardt on behalf of United Healthcare Services, Inc. (Neuhardt, Amy)
October 18, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1372 Joint MOTION to Seal and #1370 Joint MOTION to Seal (tamarm, )
October 15, 2021 Filing 1373 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1372 Joint MOTION to Seal Joint Motion and Memorandum in Support of Joint Motion to Seal and Remove Public Access to Certain Documents Per Order ECF No. 1331, #1331 Order on Motion to Seal, (Noona, Stephen)
October 15, 2021 Filing 1372 Joint MOTION to Seal Joint Motion and Memorandum in Support of Joint Motion to Seal and Remove Public Access to Certain Documents Per Order ECF No. 1331 by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
October 15, 2021 Filing 1371 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1340 Order on Motion to Seal, #1370 Joint MOTION to Seal Joint Motion and Memorandum in Support of Joint Motion to Seal and Remove Public Access to Certain Documents Per Order ECF No. 1340 (Noona, Stephen)
October 15, 2021 Filing 1370 Joint MOTION to Seal Joint Motion and Memorandum in Support of Joint Motion to Seal and Remove Public Access to Certain Documents Per Order ECF No. 1340 by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
October 12, 2021 Opinion or Order Filing 1369 MEMORANDUM ORDER - Defendants' Objections ECF #1318 and #1319 are OVERRULED, and the Magistrate Judge's well-reasoned Order Granting Plaintiffs' Motion to Exclude Portions of the Proposed Testimony of Mark Robins is AFFIRMED. Signed by District Judge Rebecca Beach Smith on 10/12/2021. (tamarm, )
October 8, 2021 Filing 1368 CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-4) Entered by The United States Judicial Panel of Multi-District Litigation. The actions on the attached schedule are transferred under 28:1407 to the Eastern District of Virginia for the reasons stated in the order of June 8, 2018, and, with the consent of that court, assigned to the Honorable Rebecca Beach Smith. (tamarm, )
October 4, 2021 Opinion or Order Filing 1367 ORDER granting #1362 Motion to Withdraw as Attorney. Attorney Teri Josie Diaz terminated. Signed by Magistrate Judge Douglas E. Miller on 10/4/2021. (tamarm, )
October 4, 2021 Filing 1366 TRANSCRIPT of proceedings held on 9-30-2021, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/3/2021. Redacted Transcript Deadline set for 12/6/2021. Release of Transcript Restriction set for 1/3/2022.(stewart, jody)
October 1, 2021 Filing 1365 Memorandum in Support re #1362 MOTION to Withdraw as Attorney filed by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Diaz, Teri)
October 1, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1362 MOTION to Withdraw as Attorney (tamarm, )
October 1, 2021 Notice of Correction re #1362 MOTION to Withdraw as Attorney. Document number #1362 contains a Memorandum in Support attached to the Motion. The Motion and the Memorandum must be filed as separate docket entries. Please refile the Memorandum in Support as a separate docket entry using its respective event. (tamarm, )
September 30, 2021 Opinion or Order Filing 1364 Order of USCA denying the petition for permission to appeal. [21-258] (tamarm, )
September 30, 2021 Filing 1363 Minute Entry for Zoom Conference re Order Directing briefing #1323 held 9/30/21 before Magistrate Judge Douglas E. Miller. Present on behalf of Plaintiff were William Monroe, Thomas Sobol, Ellen Noteware, Marc Greco, Rachel Downey, Erin Burns, Barry Refsin, Edward Takashima, Katherine Cheng. Present on behalf of Defendants were Stephen Noona, Christopher Dusseault, Brendan Fee, Richard Ottinger, Steven Reed, Zachary Johns. Argument by Mr. Dusseault and Mr.Sobol as to proposed depositions of declarants. The Court directs declarants submit to depositions, Mr. Empson for two hours, Mr. Emmanuelli for three hours, Judge Scheindlin for four hours, with limitations as outlined on the record. The depositions may be done by Zoom. The deposition of Ms. Downey will not be allowed at this time but instead Defendants should try to replicate what she had done. If that cant be done, the parties are directed to make that part of their briefing and it will be taken into consideration. Depositions are to be completed by 10/22/21.The Court thanks the parties for their continued cooperation in the matter. Court in recess. (Court Reporter Jody Stewart, OCR.)(lwoo)
September 30, 2021 Filing 1362 MOTION to Withdraw as Attorney by Glenmark Pharmaceuticals Inc., USA, Glenmark Pharmaceuticals Ltd.. (Attachments: # 1 Memorandum in Support of Motion for Withdrawal, #2 Proposed Order)(Diaz, Teri) Modified on 10/1/2021; Attachment # 1 Memorandum in Support of Motion for Withdrawal removed; refiled at #1365 (tamarm, ).
September 30, 2021 Hearing re #1321 set for 9/30/2021 at 02:30 PM in Norfolk Remote w/OCR before Magistrate Judge Douglas E. Miller. (lwoo)
September 29, 2021 Filing 1361 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1340 Order on Motion to Seal Notice of Filing Unsealed/Unredacted Exhibits Per Order ECF 1340 Granting Motion to Seal (ECF 1126) (Attachments: #1 Exhibit PX041, #2 Exhibit PX044, #3 Exhibit PX045, #4 Exhibit PX054, #5 Exhibit PX055, #6 Exhibit PX056, #7 Exhibit PX057, #8 Exhibit PX058, #9 Exhibit PX060, #10 Exhibit PX061, #11 Exhibit PX064, #12 Exhibit PX066, #13 Exhibit PX069, #14 Exhibit PX070, #15 Exhibit PX071, #16 Exhibit PX072, #17 Exhibit PX073, #18 Exhibit PX075, #19 Exhibit Direct Purchasers' Opposition to Defendants' Motions for Summary Judgment)(Greco, Marc)
September 24, 2021 Filing 1360 Declaration re #1355 Memorandum in Support, #1354 MOTION to Certify Class Declaration of Rafael Emmanuelli in Support of Direct Purchaser Plaintiffs' Renewed Motion to Certify Class by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 24, 2021 Filing 1359 Declaration re #1355 Memorandum in Support, #1354 MOTION to Certify Class Declaration of Hon. Shira A. Scheindlin (Ret.) in Support of Direct Purchaser Plaintiffs' Renewed Motion to Certify Class by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 24, 2021 Filing 1358 Declaration re #1355 Memorandum in Support, #1354 MOTION to Certify Class Declaration of Charlie Empson in Support of Direct Purchaser Plaintiffs' Renewed Motion to Certify Class by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 24, 2021 Filing 1357 Declaration re #1355 Memorandum in Support, #1354 MOTION to Certify Class Declaration of Rachel A. Downey in Support of Direct Purchaser Plaintiffs' Renewed Motion for Class Certification by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit A., #2 Exhibit B.)(Monroe, William)
September 24, 2021 Filing 1356 Declaration re #1355 Memorandum in Support, #1354 MOTION to Certify Class Declaration of Thomas M. Sobol in Support of Direct Purchaser Plaintiffs' Renewed Motion for Class Certification by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit 1. List of Class Members, #2 Exhibit 2. Map of Class Members)(Monroe, William)
September 24, 2021 Filing 1355 Memorandum in Support re #1354 MOTION to Certify Class Renewed filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 24, 2021 Filing 1354 MOTION to Certify Class by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
September 24, 2021 Opinion or Order Filing 1353 ORDER granting #1349 Motion for Pro hac vice for Rachel Downey as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 9/24/2021. (tamarm, )
September 24, 2021 Filing 1352 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1199 Declaration,, Notice of Filing Unsealed Exhibit PX225 Per Order ECF 1339 Granting Motion to Seal (ECF 1202) (Attachments: #1 Exhibit PX225 ECF 1199-6)(Monroe, William)
September 24, 2021 Filing 1351 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1086 Declaration,,,,,,, Notice of Filing Unsealed/Unredacted Exhibits Per Order ECF 1331 Granting Motion to Seal (ECF 1088) (Attachments: #1 Exhibit PX001 ECF 1086-1, #2 Exhibit PX008 ECF 1086-8, #3 Exhibit PX010 ECF 1086-10, #4 Exhibit PX011 ECF 1086-11, #5 Exhibit PX025 ECF 1086-25, #6 Exhibit PX029 ECF 1086-29)(Monroe, William)
September 24, 2021 Filing 1350 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1054 Memorandum in Support, #1057 Declaration,,,,, Notice of Filing Unsealed/Unredacted Exhibits Per Order ECF 1331 Granting Motion to Seal (ECF 1058) (Attachments: #1 Exhibit A. ECF 1057-1, #2 Exhibit E. ECF 1057-5, #3 Exhibit K. ECF ECF 1057-11, #4 Exhibit L. ECF 1057-12, #5 Exhibit M. ECF 1057-13, #6 Exhibit N. ECF 1057-14, #7 Exhibit Q. ECF 1057-17, #8 Exhibit R. ECF 1057-18, #9 Exhibit S. ECF 1057-19, #10 Exhibit T. ECF 1057-20, #11 Exhibit U. ECF 1057-21, #12 Exhibit V. ECF 1057-22, #13 Exhibit Y. ECF 1057-25, #14 Exhibit Pltfs Memorandum in Support of Motion to Preclude)(Monroe, William)
September 22, 2021 Filing 1349 Motion to appear Pro Hac Vice by Rachel Downey and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number AVAEDC-8009000. by FWK Holdings, LLC. (Monroe, William)
September 21, 2021 Opinion or Order Filing 1348 ORDER re New Transfer Case from Northern District of California, Kaiser Foundation Health Plan, Inc. v. Merck & Company, Inc., et al.; Case No.: 2:21cv1006 and Conditional Transfer Order No. 3 entered by the Judicial Panel on MDL. Counsel are directed to review the entire docket sheet in this MDL (2:18md2836). Counsel are further directed to review the Joint Stipulation Regarding Issues Decided, ECF #1293 . Counsel are further directed to confer with Class Counsel for the Direct Payer Class, Interim Class Counsel for the End Payer Class and Counsel for the Retailers and advise the court by motion if Kaiser Foundation intends to request any modification to the procedural Orders in the MDL to date. Signed by District Judge Rebecca Beach Smith on 9/21/2021. (tamarm, )
September 21, 2021 Opinion or Order Filing 1347 ORDER TERMINATING AS MOOT #1297 Motion for Protective Order. Signed by Magistrate Judge Douglas E. Miller on 9/21/2021. (tamarm, )
September 20, 2021 Filing 1346 REPLY to Response to Motion re #1318 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1315 Order on Motion to Exclude,,, (Merck's Objections To Order Granting Plaintiffs' Motion To Exclude Portions Of The Proposed Testimony Of Mark Robbins) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 20, 2021 Opinion or Order Filing 1345 ORDER GRANTING MOTION FOR WITHDRAWAL re #1343 Motion to Withdraw as Attorney. It is ORDERED that Jennifer L. Eaton is granted leave to withdraw as counsel for Glenmark in this action and that the Clerk's Office remove her name from the list of individuals who receive notices through the CM/ECF system for this case. Signed by District Judge Rebecca Beach Smith on 9/20/2021. (tamarm, )
September 20, 2021 Filing 1344 Memorandum in Support re #1343 MOTION to Withdraw as Attorney Jennifer L. Eaton filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Eaton, Jennifer)
September 20, 2021 Filing 1343 MOTION to Withdraw as Attorney Jennifer L. Eaton by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order Proposed Order)(Eaton, Jennifer)
September 17, 2021 Filing 1342 Certified Copy of Conditional Transfer Order (CTO-3) Entered by The United States Judicial Panel of Multi-District Litigation MDL No. 2836. The action on the attached schedule is transferred under 28:1407 to the Eastern District of Virginia for the reasons stated in the order of June 8, 2018, and, with the consent of that court, assigned to the Honorable Rebecca Beach Smith. Filed nunc pro tunc 8/4/2021. (tamarm, )
September 14, 2021 Filing 1341 Response to #1318 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1315 Order on Motion to Exclude,,, (Merck's Objections To Order Granting Plaintiffs' Motion To Exclude Portions Of The Proposed Testimony Of Mark Robbins) Plaintiffs' Response to Merck's Objections filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 14, 2021 Opinion or Order Filing 1340 SEALING ORDER granting #1126 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/14/2021. (tamarm, )
September 13, 2021 Opinion or Order Filing 1339 SEALING ORDER granting #1202 Motion to Seal; granting #1209 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/13/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1338 ORDER granting #1287 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1337 ORDER re #1197 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1336 ORDER re #1174 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1335 ORDER granting #1167 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1334 ORDER granting #1132 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1333 ORDER granting #1124 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1332 ORDER granting #1115 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1331 ORDER granting #1058 Motion to Seal; granting #1088 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 10, 2021 Opinion or Order Filing 1330 ORDER granting #1060 Motion to Seal. ENTERED AS MODIFIED BY THE COURT. Signed by Magistrate Judge Douglas E. Miller on 9/10/2021. (tamarm, )
September 9, 2021 Opinion or Order Filing 1329 ORDER re #1045 Motion to Seal; #1052 Motion for Joinder. Entered as modified by the Court. Signed by Magistrate Judge Douglas E. Miller on 9/9/2021. (tamarm, )
September 9, 2021 Opinion or Order Filing 1328 ORDER granting #1021 Motion to Seal. Entered as modified by the Court. Signed by Magistrate Judge Douglas E. Miller on 9/9/2021. (tamarm, )
September 9, 2021 Opinion or Order Filing 1327 ORDER granting #1011 Motion to Seal. Entered as modified by the Court. Signed by Magistrate Judge Douglas E. Miller on 9/9/2021. (tamarm, )
September 9, 2021 Opinion or Order Filing 1326 ORDER granting #1004 Motion to Seal. Signed by Magistrate Judge Douglas E. Miller on 9/9/2021. (tamarm, )
September 9, 2021 Opinion or Order Filing 1325 ORDER granting #991 Motion to Seal. Signed by Magistrate Judge Douglas E. Miller on 9/9/2021. (tamarm, )
September 8, 2021 Opinion or Order Filing 1324 ORDER AND STIPULATION re #1029 Motion (See Order for details.) Signed by Magistrate Judge Douglas E. Miller on 9/8/2021. (tamarm, )
September 8, 2021 Opinion or Order Filing 1323 ORDER DIRECTING BRIEFING - the parties are directed to confer and determine whether questions of certification can be resolved by agreement in light of the Fourth Circuit's direction. If not, Direct Purchaser Plaintiffs shall file a new request for certification. The DPP's opening brief addressing these matters shall be filed by September 24, 2021. Further briefing on the request will be governed by the page and time limits set forth in Local Civil Rule 7. Signed by Magistrate Judge Douglas E. Miller on 9/8/2021. (tamarm, )
September 3, 2021 Filing 1322 Petition of Defendants for Permission to Appeal Under Rule 23(f) from Order Granting Class Certification from USCA [21-258](tamarm, )
September 3, 2021 Filing 1321 Permission to appeal case docketed in USCA; Case Number 21-258; Case Manager Emily Borneisen.(tamarm, )
September 3, 2021 Opinion or Order Filing 1320 ORDER: It is ORDERED that U.S. Magistrate Judge Douglas E. Miller, is designated to conduct hearings, including evidentiary hearings, if necessary, and to submit to the undersigned district judge proposed findings of fact, if applicable, and recommendations for the disposition of #1282 MOTION to Dismiss. Signed by District Judge Rebecca Beach Smith on 9/3/2021. (afar)
August 31, 2021 Filing 1319 NOTICE by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #1318 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1315 Order on Motion to Exclude,,, (Merck's Objections To Order Granting Plaintiffs' Motion To Exclude Portions Of The Proposed Testimony Of Mark Robbins) (GLENMARK DEFENDANTS' LIMITED JOINDER IN THE MERCK DEFENDANTS OBJECTIONS TO THE ORDER GRANTING PLAINTIFFS' MOTION TO EXCLUDE PORTIONS OF THE PROPOSED TESTIMONY OF DR. MARK ROBBINS) (Ottinger, Richard)
August 31, 2021 Filing 1318 Motion Re: Objections to Magistrate Judge's Ruling or Recommendation re #1315 Order on Motion to Exclude,,, (Merck's Objections To Order Granting Plaintiffs' Motion To Exclude Portions Of The Proposed Testimony Of Mark Robbins) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 26, 2021 Filing 1317 4CCA Case Number 20-2184 - Mandate (tamarm, )
August 20, 2021 Opinion or Order Filing 1316 MEMORANDUM ORDER - The Court ADOPTS AND APPROVES IN FULL the findings and recommendations set forth in the Magistrate Judge's thorough and well-reasoned R&R, ECF No. 1094. The Court GRANTS EPPs' Motion for Class Certification, ECF No. 729, and GRANTS EPPs' Motion for Leave to Modify and Limit their Class Definition, ECF No. 809, and certifies the class of third-party payors as proposed and modified by EPPs, and as delineated in the R&R. Signed by District Judge Rebecca Beach Smith on 8/20/2021. (tamarm, )
August 17, 2021 Opinion or Order Filing 1315 MEMORANDUM ORDER: The Court GRANTS Plaintiffs' Motion to Exclude Portions of the Proposed Testimony of Mark Robbins, EOF No. 1055 and EOF No. 1072, namely Robbins' interpretation of the Merck/Glenmark Settlement Agreement andRobbins' opinion that Merck and Glenmark would not have agreed to an entry date more than six months early. Signed by Magistrate Judge Douglas E. Miller on 8/17/2021. (afar)
August 16, 2021 Opinion or Order Filing 1314 MEMORANDUM ORDER denying #1034 Motion to Exclude Proposed Testimony of Luis A. Molina. Signed by Magistrate Judge Douglas E. Miller on 8/16/2021. (tamarm, )
August 16, 2021 Opinion or Order Filing 1313 MEMORANDUM ORDER granting #1031 Motion to Exclude the Proposed Testimony of Attorney Shashank Upadhye. Signed by Magistrate Judge Douglas E. Miller on 8/16/2021. (tamarm, )
August 12, 2021 Filing 1312 Withdrawal of Motion by United Healthcare Services, Inc. re #1303 MOTION to Seal the Zetia Settlement Agreement and Portions of United HealthCare's Opposition to Defendants Motion to Dismiss Plaintiffs Claims for Damages Based On Purchases of Vytorin, #1305 Notice of Filing Sealing Motion LCvR5(C), #1306 Sealed Document, #1304 Memorandum in Support, and Notice of Filing Unsealed Material (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Cheng, Katherine)
August 12, 2021 Filing 1311 REPLY to Response to Motion re #1282 MOTION to Dismiss for Failure to State a Claim Against United Healthcare Services, Inc.'s Claims for Damages Based on Purchases of Vytorin filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 5, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1303 MOTION to Seal the Zetia Settlement Agreement and Portions of United HealthCare's Opposition to Defendants Motion to Dismiss Plaintiffs Claims for Damages Based On Purchases of Vytorin and #1297 MOTION for Protective Order (tamarm, )
August 4, 2021 Filing 1310 4CCA Case Number 20-2184 - Judgment. This case is remanded to the district court for further proceedings consistent with the court's decision. (tamarm, )
August 4, 2021 Filing 1309 4CCA Case Number 20-2184 - Published Opinion (tamarm, )
July 29, 2021 Filing 1308 RESPONSE to Motion re #1303 MOTION to Seal the Zetia Settlement Agreement and Portions of United HealthCare's Opposition to Defendants Motion to Dismiss Plaintiffs Claims for Damages Based On Purchases of Vytorin (Joint Response of Defendants to Motion to Seal Filed by United Healthcare Services by Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 23, 2021 Filing 1307 Memorandum in Support re #1297 MOTION for Protective Order Supplemental filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit Letter of M. Mulligan, #2 Exhibit Email of M. Mulligan)(Rashkind, Alan)
July 22, 2021 Filing 1306 Sealed Document re #1303 MOTION to Seal the Zetia Settlement Agreement and Portions of United HealthCare's Opposition to Defendants Motion to Dismiss Plaintiffs Claims for Damages Based On Purchases of Vytorin. (Attachments: #1 Exhibit A)(Cheng, Katherine)
July 22, 2021 Filing 1305 Notice of Filing Sealing Motion LCvR5(C) by United Healthcare Services, Inc. re #1303 MOTION to Seal the Zetia Settlement Agreement and Portions of United HealthCare's Opposition to Defendants Motion to Dismiss Plaintiffs Claims for Damages Based On Purchases of Vytorin (Cheng, Katherine)
July 22, 2021 Filing 1304 Memorandum in Support re #1303 MOTION to Seal the Zetia Settlement Agreement and Portions of United HealthCare's Opposition to Defendants Motion to Dismiss Plaintiffs Claims for Damages Based On Purchases of Vytorin filed by United Healthcare Services, Inc.. (Cheng, Katherine)
July 22, 2021 Filing 1303 MOTION to Seal the Zetia Settlement Agreement and Portions of United HealthCare's Opposition to Defendants Motion to Dismiss Plaintiffs Claims for Damages Based On Purchases of Vytorin by United Healthcare Services, Inc.. (Attachments: #1 Proposed Order)(Cheng, Katherine)
July 22, 2021 Filing 1302 Opposition to #1284 MOTION for Joinder in Glenmark Defendants' Motion to Dismiss Certain Allegations in Plaintiff United Healthcare Services, Inc.'s Complaint, #1282 MOTION to Dismiss for Failure to State a Claim Against United Healthcare Services, Inc.'s Claims for Damages Based on Purchases of Vytorin (Redacted) filed by United Healthcare Services, Inc.. (Attachments: #1 Exhibit A)(Cheng, Katherine)
July 22, 2021 Filing 1301 Letter to the Hon. Rebecca Beach Smith, Senior Judge, and the Hon. Douglas E. Miller, Magistrate Judge from Thomas M. Sobol, Lead Counsel for the Direct Purchaser Class. (Attachments: #1 Exhibit 1. Letter, #2 Exhibit 2. Emails)(Monroe, William)
July 22, 2021 Filing 1300 TRANSCRIPT of proceedings held on 6-30-2021, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/23/2021. Redacted Transcript Deadline set for 9/21/2021. Release of Transcript Restriction set for 10/20/2021.(stewart, jody)
July 22, 2021 Filing 1299 TRANSCRIPT of proceedings held on 6-28-2021, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/23/2021. Redacted Transcript Deadline set for 9/21/2021. Release of Transcript Restriction set for 10/20/2021.(stewart, jody)
July 21, 2021 Filing 1298 Memorandum in Support re #1297 MOTION for Protective Order filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit Declaration of Michael Buchman)(Rashkind, Alan)
July 21, 2021 Filing 1297 MOTION for Protective Order by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Rashkind, Alan)
July 16, 2021 Opinion or Order Filing 1296 ORDER granting #1294 Motion to Withdraw as Attorney. Attorney Jessica Johnston Taticchi terminated. Signed by Magistrate Judge Douglas E. Miller on 7/16/2021. (tamarm, )
July 15, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1294 MOTION to Withdraw as Attorney Jessica J. Taticchi (tamarm, )
July 14, 2021 Filing 1295 Memorandum in Support re #1294 MOTION to Withdraw as Attorney Jessica J. Taticchi filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
July 14, 2021 Filing 1294 MOTION to Withdraw as Attorney Jessica J. Taticchi by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order Proposed Order)(Ottinger, Richard)
July 14, 2021 Filing 1293 JOINT STIPULATION REGARDING ISSUES DECIDES granting #1275 Motion. Signed by Magistrate Judge Douglas E. Miller on 7/14/2021. (tamarm, )
July 13, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1287 MOTION to Seal (Merck Defendants' Motion For Leave To File Presentation Slides Under Seal) (tamarm, )
July 6, 2021 Filing 1292 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1286 Motion Hearing,,,,, Notice of Filing of Presentation Slides from June 30, 2021 Hearing (Attachments: #1 Exhibit 1)(Monroe, William)
July 2, 2021 Filing 1291 Sealed Attachment/Exhibit(s) re #1287 MOTION to Seal (Merck Defendants' Motion For Leave To File Presentation Slides Under Seal). (Attachments: #1 Exhibit 2 (Sealed Version))(Noona, Stephen)
July 2, 2021 Filing 1290 Declaration re #1288 Memorandum in Support, (of Eric J. Stock) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 2, 2021 Filing 1289 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1287 MOTION to Seal (Merck Defendants' Motion For Leave To File Presentation Slides Under Seal) (Noona, Stephen)
July 2, 2021 Filing 1288 Memorandum in Support re #1287 MOTION to Seal (Merck Defendants' Motion For Leave To File Presentation Slides Under Seal) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 2, 2021 Filing 1287 MOTION to Seal (Merck Defendants' Motion For Leave To File Presentation Slides Under Seal) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2 (Public Version))(Noona, Stephen)
June 30, 2021 Filing 1286 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 6/30/2021 re #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, #1070 MOTION to Exclude Proposed Testimony of Anupam Jena filed by All End Payer Plaintiffs. (Attachments: #1 List of Counsel) Matter came on for hearing on pending motions (#1070) plaintiffs Motion to Exclude Anupam Jena and (#1077) plaintiffs Motion for Partial Summary Judgment Concerning the Relevant Market. Parties present remotely. See attached list for those present. The Court heard argument on the motions together as they are so intertwined. Steve Shadowen argued the motion on behalf of the plaintiffs. Eric Stock responded on behalf of Merck and Steven Reed weighed in for Glenmark. The court will issue a report and recommendation in this matter and counsel will have the required time to file objections if they choose. Hearing adjourned.(Court Reporter Jody Stewart, OCR.)(cdod, )
June 28, 2021 Filing 1285 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 6/28/2021 re #1055 MOTION to Exclude Portions of the Proposed Testimony of Dr. Mark Robbins filed on behalf of all Plaintiffs filed by The Kroger Co., Walgreen Co., CVS Pharmacy, Inc., Albertsons Companies, Inc., Rite Aid Hdqtrs. Corp., HEB Grocery Company L.P., Rite Aid Corporation, #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp.. (Attachments: #1 List of Counsel) Matter came on for hearing on pending motions (#1031) defendants Motion to Exclude Shashank Upadhye, (#1055) plaintiffs Motion to Exclude Dr. Mark Robbins, and (#1034) defendants Motion to Exclude Luis A. Molina. Parties present remotely. See attached list for those present. Jennifer Greenblatt argued the Motion to Exclude Shashank Upadhye (#1031). Erin Burns responded on behalf of the plaintiffs and Brendan Fee commented on behalf of Merck. Erin Burns and Lauren Ravkind argued the Motion to Exclude Dr. Mark Robbins (#1055). Chris Dusseault responded on behalf of Merck. Chris Dusseault argued the Motion to Exclude Luis A. Molina (#1034). Peter Kohn responded on behalf of the plaintiffs and Jennifer Greenblatt weighed in for Merck. The Court takes the arguments under advisement and will issue opinions. Hearing adjourned. (Court Reporter Jody Stewart, OCR.)(cdod, )
June 22, 2021 Filing 1284 MOTION for Joinder in Glenmark Defendants' Motion to Dismiss Certain Allegations in Plaintiff United Healthcare Services, Inc.'s Complaint by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
June 22, 2021 Filing 1283 Memorandum in Support re #1282 MOTION to Dismiss for Failure to State a Claim Against United Healthcare Services, Inc.'s Claims for Damages Based on Purchases of Vytorin filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
June 22, 2021 Filing 1282 MOTION to Dismiss for Failure to State a Claim Against United Healthcare Services, Inc.'s Claims for Damages Based on Purchases of Vytorin by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
June 1, 2021 Opinion or Order Filing 1281 ORDER granting in part and denying in part #1277 Motion for Leave to File Notice of Supplemental Authority. Signed by Magistrate Judge Douglas E. Miller on 6/1/2021. (tamarm, )
May 26, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1277 MOTION for Leave to File Notice of Supplemental Authority Relating to Defendant's Motions for Summary Judgment by End-Payor Class Plaintiffs and (tamarm, )
May 24, 2021 Filing 1280 RESPONSE to Motion re #1277 MOTION for Leave to File Notice of Supplemental Authority Relating to Defendant's Motions for Summary Judgment by End-Payor Class Plaintiffs and (Defendants' Joint Response To Plaintiffs' Motion For Leave To File Notice Of Supplemental Authority In Opposition To Defendants Summary Judgment Motions) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
May 21, 2021 Opinion or Order Filing 1279 ORDER granting #1278 Motion for Pro hac vice for Anne Nardacci as to United Healthcare Services, Inc. Signed by District Judge Rebecca Beach Smith on 5/21/21. (tlev, )
May 20, 2021 Filing 1278 Motion to appear Pro Hac Vice by Anne M. Nardacci and Certification of Local Counsel Katherine M. Cheng Filing fee $ 75, receipt number AVAEDC-7800648. by United Healthcare Services, Inc.. (Cheng, Katherine)
May 19, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1275 Joint MOTION for Entry of Joint Stipulation Regarding Issues Decided (tamarm, )
May 14, 2021 Set Deadlines as to #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers, #1070 MOTION to Exclude Proposed Testimony of Anupam Jena. Motion Hearing set for 6/30/2021 at 10:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
May 14, 2021 Set Deadlines as to #1055 MOTION to Exclude Portions of the Proposed Testimony of Dr. Mark Robbins filed on behalf of all Plaintiffs, #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark), #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark). Motion Hearing set for 6/28/2021 at 10:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
May 10, 2021 Filing 1277 MOTION for Leave to File Notice of Supplemental Authority Relating to Defendant's Motions for Summary Judgment by End-Payor Class Plaintiffs and by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Attachments: #1 Exhibit Impax Opinion)(Carroll, Adam)
May 7, 2021 Opinion or Order Filing 1276 MEMORANDUM ORDER: The court GRANTS IN PART Defendants' Joint Motion to Defer Rulings on Summary Judgment and Potentially Dispositive Daubert Motions Due to the Rule Against One-Way Intervention, ECF No. 1250. See Order for Additional Details. Signed by Magistrate Judge Douglas E. Miller on 5/7/2021. (afar)
May 3, 2021 Filing 1275 Joint MOTION for Entry of Joint Stipulation Regarding Issues Decided by United Healthcare Services, Inc.. (Attachments: #1 Exhibit 1. Proposed Joint Stipulation Regarding Issues Decided)(Cheng, Katherine)
April 29, 2021 Opinion or Order Filing 1274 ORDER granting #1273 Motion Withdraw Appearances of Adam Burrowbridge and Justin Epner and Dismiss Wilson Sonsini Goodrich & Rosati, P.C. as an interested party. Signed by Magistrate Judge Douglas E. Miller on 4/29/2021. (tamarm, )
April 28, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1273 MOTION Unopposed Motion to withdraw the appearances of Adam Burrowbridge and Justin Epner of Wilson Sonsini Goodrich & Rosati, P.C. as an Interested Party (tamarm, )
April 27, 2021 Filing 1273 MOTION Unopposed Motion to withdraw the appearances of Adam Burrowbridge and Justin Epner of Wilson Sonsini Goodrich & Rosati, P.C. as an Interested Party . (Attachments: #1 Proposed Order)(Burrowbridge, Adam)
April 23, 2021 Filing 1272 Supplemental Brief in Further Support of #1103 Objection to Report and Recommendations filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (tamarm, )
April 23, 2021 Opinion or Order Filing 1271 ORDER re #1258 Motion for Leave to File. The Court GRANTS the Motion and DIRECTS the Clerk to file the Defendants' Supplemental Brief that accompanies the Motion, ECF No. 1259-1. To the extent the EPPs determine to file a further response, in addition to their opposition to the Motion itself, said response must be filed within 14 days, with any reply by the Defendants within 7 days of the filing of said response. Signed by District Judge Rebecca Beach Smith on 4/23/2021. (tamarm, )
April 5, 2021 Filing 1270 Letter from Katherine M. Cheng, Counsel for Plaintiff United HealthCare Services, Inc. in response to Direct Purchaser Plaintiffs' April 2, 2021 letter (ECF No. 1267). (Cheng, Katherine)
April 5, 2021 Filing 1269 Letter from Retailer Plaintiff's Local Counsel. (Attachments: #1 Letter from Retailer Plaintiffs lead counsel regarding ECF 1267)(Carroll, Adam)
April 5, 2021 Opinion or Order Filing 1268 JOINT SCHEDULING ORDER. See Order for details. Signed by Magistrate Judge Douglas E. Miller on 4/5/2021. Associated Cases: 2:18-md-02836-RBS-DEM, 2:20-cv-01005-RBS-DEM(tamarm, )
April 2, 2021 Filing 1267 Letter to the Hon. Rebecca Beach Smith, Senior Judge, from Thomas M. Sobol, Lead Counsel for the Direct Purchaser Class re proposed scheduling order filed by Defendants and United Healthcare Systems (ECF 1266). (Monroe, William)
April 1, 2021 Filing 1266 NOTICE by United Healthcare Services, Inc. Joint Notice of Filing of Joint Proposed Scheduling Order (Attachments: #1 Proposed Order)(Cheng, Katherine)
March 30, 2021 Filing 1265 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated of Jayne A. Goldstein's change of firm affiliation and email address. (Monroe, William)
March 24, 2021 Opinion or Order Filing 1264 ORDER granting #1262 Motion to Withdraw as Attorney. Attorney William Rolf Olson terminated. Signed by Magistrate Judge Douglas E. Miller on 3/24/2021. (tamarm, )
March 24, 2021 Filing 1263 MOTIONS REFERRED to Magistrate Judge Miller. #1262 MOTION to Withdraw as Attorney William R. Olson of Roberts Law Firm, US, PC (tamarm, )
March 19, 2021 Filing 1262 MOTION to Withdraw as Attorney William R. Olson of Roberts Law Firm, US, PC by FWK Holdings, LLC. (Attachments: #1 Proposed Order)(Monroe, William)
February 25, 2021 Filing 1261 REPLY to Response to Motion re #1258 MOTION for Leave to File SUPPLEMENTAL BRIEF IN FURTHER SUPPORT OF DEFENDANTS' OBJECTIONS TO THE REPORT AND RECOMMENDATION GRANTING END-PAYOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION (on behalf of all Defendants) filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
February 19, 2021 Filing 1260 Memorandum in Opposition re #1258 MOTION for Leave to File SUPPLEMENTAL BRIEF IN FURTHER SUPPORT OF DEFENDANTS' OBJECTIONS TO THE REPORT AND RECOMMENDATION GRANTING END-PAYOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit Namenda Ruling 2-11-21, #2 Exhibit Namenda Ruling 1-12-21)(Cales, James)
February 11, 2021 Filing 1259 Memorandum in Support re #1094 REPORT AND RECOMMENDATIONS re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel filed by The Uniformed Firefighters' Association of Greater New York Security Benefit Fund, UFCW Local 1500 Welfare Fund, o, #1258 MOTION for Leave to File SUPPLEMENTAL BRIEF IN FURTHER SUPPORT OF DEFENDANTS' OBJECTIONS TO THE REPORT AND RECOMMENDATION GRANTING END-PAYOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit 1 (Proposed Supplemental Brief), #2 Proposed Order)(Ottinger, Richard)
February 11, 2021 Filing 1258 MOTION for Leave to File SUPPLEMENTAL BRIEF IN FURTHER SUPPORT OF DEFENDANTS' OBJECTIONS TO THE REPORT AND RECOMMENDATION GRANTING END-PAYOR PLAINTIFFS' MOTION FOR CLASS CERTIFICATION by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
February 9, 2021 Opinion or Order Filing 1257 ORDER granting #1256 Motion to Withdraw as Attorney. Attorney Francis A. DeSimone terminated. Signed by Magistrate Judge Douglas E. Miller on 2/9/2021. (tamarm, )
February 5, 2021 Filing 1256 MOTION to Withdraw as Attorney by Frank DeSimone by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
February 2, 2021 MOTIONS REFERRED to Magistrate Judge Miller. #1249 Joint MOTION to Defer Rulings on Summary Judgment and Potentially Dispositive Daubert Motions Due to the Rule Against One-Way Intervention. (tamarm, )
January 29, 2021 Filing 1255 Request for Hearing by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1249 MOTION Defendants' Joint Motion to Defer Rulings on Summary Judgment and Daubert Motions due to Rule Against One-Way Intervention (Monroe, William)
January 25, 2021 Filing 1254 REPLY to Response to Motion re #1249 MOTION - REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS' JOINT MOTION TO DEFER RULINGS ON SUMMARY JUDGMENT AND POTENTIALLY DISPOSITIVE DAUBERT MOTIONS DUE TO THE RULE AGAINST ONE-WAY INTERVENTION filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
January 11, 2021 Filing 1253 Opposition to #1249 MOTION - Defendants' Joint Motion to Defer Rulings Due to the Rule Against One-Way Intervention filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
January 11, 2021 Filing 1252 Memorandum in Opposition re #1249 MOTION filed by All End Payer Plaintiffs. (Cales, James)
January 11, 2021 Filing 1251 Memorandum in Opposition re #1249 MOTION to Defer Rulings on Summary Judgment and Potential Dispositive Daubert Motions Due to the Rule Against One-Way Intervention filed by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Carroll, Adam)
December 4, 2020 Filing 1250 Memorandum in Support of DEFENDANTS' JOINT MOTION TO DEFER RULINGS ON SUMMARY JUDGMENT AND POTENTIALLY DISPOSITIVE DAUBERT MOTIONS DUE TO THE RULE AGAINST ONE-WAY INTERVENTION to #1249 Memorandum, filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Ottinger, Richard)
December 4, 2020 Filing 1249 Memorandum - Defendants' Joint Motion to Defer Rulings on Summary Judgment and Potentially Dispositive Daubert Motions Due to the Rule Against One-Way Intervention filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard) Modified docket event on 12/7/2020 (clou, ).
December 4, 2020 Opinion or Order Filing 1248 ORDER granting #1247 Consent MOTION to Withdraw as Attorney. Attorney Micaylee A. Noreen terminated. Signed by Magistrate Judge Douglas E. Miller on 12/4/2020. (clou )
November 30, 2020 Filing 1247 Consent MOTION to Withdraw as Attorney by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp.. (Attachments: #1 Proposed Order)(Noreen, Micaylee)
November 25, 2020 Filing 1246 TRANSCRIPT of proceedings held on 11-17-2020, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/28/2020. Redacted Transcript Deadline set for 1/25/2021. Release of Transcript Restriction set for 2/23/2021.(stewart, jody)
November 17, 2020 Filing 1245 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 11/17/2020 re #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd., #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS filed by All End Payer Plaintiffs. Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 11/17/2020 re #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd., #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark) filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS filed by All End Payer Plaintiffs. Matter came on for remote proceedings on motions to Exclude (#1040, 1042 and 1048), and Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Mercks Privilege Assertions (#1053) and Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Mercks Privilege Assertions (#1074). Parties present remotely see attached. Samuel Liversidge argued the motion (#1042) on behalf of Merck and Mr. Reed joined with his argument on behalf of Glenmark. Mr. Lukens responded on behalf of Direct Purchaser Plaintiffs and Anna Neill responded on behalf of the Retailers. Samuel Liversidge argued the motion (#1048) on behalf of Merck and Mr. Reed joined with his argument on behalf of Glenmark. Mr. Sobol responded on behalf of the Direct Purchaser Plaintiffs. Mr. Refsin responded on behalf of the Retailers. Mr. Sobol argued the motions (#1053 and 1074) on behalf of the Direct Purchaser Plaintiffs. Mr. Dusseault responded on behalf of Merck and Mr. Johns responded on behalf of Glenmark. The court took the motions under advisement and will issue the appropriate order or report and recommendation. Counsel will then have the appropriate time (if a Report and Recommendation is issued) to respond. The remaining motion to exclude (#1040) will be scheduled for argument at another time. Court adjourned. (Court Reporter Jody Stewart, OCR.)(cdod, ) (Attachments: #1 Supplement) (Court Reporter Jody Stewart, OCR.)(cdod, )
November 16, 2020 Filing 1244 NOTICE by United Healthcare Services, Inc. Notice of Change of Address (Cheng, Katherine)
November 16, 2020 Filing 1243 NOTICE of Appearance by Richard Alan Saunders on behalf of All End Payer Plaintiffs (Saunders, Richard)
November 12, 2020 Filing 1242 NOTICE of Voluntary Dismissal of Defendant Par Pharmaceutical, Inc. by United Healthcare Services, Inc. (Cheng, Katherine)
November 10, 2020 Filing 1241 Receipt No. 24683047010 for 4CCA Case Number 20-2184 re #1106 Petition for permission to appeal filed by Glenmark Generics INC., USA, Glenmark Pharmaceuticals, Ltd., MSP Singapore Co. LLC, Merck & Company, Incorporated, Merck Sharp & Dohme Corporation, Schering Corporation and Schering Plough Corporation. (clou)
November 10, 2020 Filing 1240 TRANSCRIPT of proceedings (Status Conference) held on 11/04/2020, before Judge Douglas E. Miller, Court Reporter/Transcriber Heidi Jeffreys, Telephone number 757-222-7075. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/10/2020. Redacted Transcript Deadline set for 1/11/2021. Release of Transcript Restriction set for 2/8/2021.(jeffreys, heidi)
November 6, 2020 Opinion or Order Filing 1239 PRETRIAL ORDER: It is hereby ORDERED that any pre-trial events, including those enumerated in Pretrial Order No. 9, whose deadlines have alreadypassed are closed. Any deadlines that have not yet passed are cancelled, to be reset based on the eventual trial schedule. The Defendants are ORDERED to submit their briefing on the one-way intervention issue by December 4, 2020. Plaintiffs shall respond by January 11, 2021. The defendants are to reply to any responses by January 25, 2021. The page limits set forth in Local Rule 7 apply. SEE ORDER for additional details.Signed by Magistrate Judge Douglas E. Miller on 11/6/20. (afar)
November 4, 2020 Filing 1238 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller: Status Conference held on 11/4/2020. Matter came on for status conference. Present via zoom were Adam Carroll, Scott, Barry Refsin, Anna Neill and Lauren Ravkind on behalf of Zetia. Bill Monroe, Tom Sobol, Erin Burns, Peter Kohn, David Sorenson, Ellen Noteware and Marc Greco present on behalf of the Direct Purchaser Plaintiffs. Jim Cales, Marvin Miller, Michael Buchman, Matt VanTine and Michelle Clerkin present on behalf of the End Purchaser Plaintiffs. Stephen Noona, Samuel Liversidge, Christopher Dusseault, Terek Ismail and Jennifer Greenblatt present on behalf of the Merck defendants. Richard Ottinger, Brendan Fee, Zak Johns and Steve Reed present on behalf of Glenmark. All counsel participated remotely. Several topics were addressed including the trial date which is removed from the calendar due to the back log of criminal trials that need to be heard prior to civil trials being put back on the courts calendar. The Court notified counsel that the trial and the final pretrial date are removed from the calendar. The motion in limine deadline is also removed. A hearing is set for 11/17/2020 at 10:00 am via zoom on the following motions: #1040, 1042, 1048, 1053 and 1074. Defense counsel are to file a motion to stay dispositive rulings by 12/4/20. Plaintiffs shall file a response by 1/11/2021 and a reply shall be filed no later than 1/25/2021. The Court will issue a short order in this matter. Court adjourned. (Court Reporter Heidi Jeffreys, OCR.)(cdod, )
November 4, 2020 Set Deadlines as to #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark), #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS , #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark), #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs. Motion Hearing set for 11/17/2020 at 10:00 AM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
November 2, 2020 Filing 1237 4CCA Case Number : 20-2184 - Case Manager J. Rice re #1106 Petition for permission to appeal filed by Glenmark Generics INC., USA, Glenmark Pharmaceuticals, Ltd., MSP Singapore Co. LLC, Merck & Company, Incorporated, Merck Sharp & Dohme Corporation, Schering Corporation and Schering Plough Corporation. (clou )
November 2, 2020 Filing 1236 4CCA Order re #1106 USCA Case Number - 20-432 : Upon consideration of submissions relative to the petition for permission to appeal, the court grants the petition. This case is transferred to the regular docket and assigned docket number 20-2184. (clou )
November 2, 2020 4CCA Appeal Remark re #1106 USCA Case Number - 20-432 : Case transferred to general docket: [No. 20-2184]. Originating case number: 2:18-md-02836-RBS-DEM (clou )
October 30, 2020 Set Hearings: Status Conference set for 11/4/2020 at 02:00 PM in Norfolk Remote before Magistrate Judge Douglas E. Miller. (cdod, )
October 27, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1202 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for Partial Summary Judgment Concerning the Relevant Market, Motion to Exclude the Testimony of Dr. Anupam Jena and Exhibits PX222 and PX225, #1209 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions (clou, )
October 20, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1197 MOTION to Seal PORTIONS OF GLENMARK'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' REPLY BRIEF IN SUPPORT OF THEIR JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAU (clou, )
October 19, 2020 Filing 1235 Declaration re #1234 Response in Support of Motion,, (of Caeli Higney) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 19, 2020 Filing 1234 RESPONSE in Support re #1202 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for Partial Summary Judgment Concerning the Relevant Market, Motion to Exclude the Testimony of Dr. Anupam Jena and Exhibits PX222 and PX225, #1209 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
October 15, 2020 Opinion or Order Filing 1233 ORDER granting #1220 Motion for Pro hac vice for Jennifer Duncan Hackett as to United Healthcare Services, Inc. Signed by Magistrate Judge Douglas E. Miller on 10/15/20. (tlev, )
October 15, 2020 Opinion or Order Filing 1232 ORDER granting #1217 Motion for Pro hac vice for Eric Buetzow as to United Healthcare Services, Inc. Signed by Magistrate Judge Douglas E. Miller on 10/15/20. (tlev, )
October 15, 2020 Opinion or Order Filing 1231 ORDER granting #1218 Motion for Pro hac vice for Edward Takashima as to United Healthcare Services, Inc. Signed by Magistrate Judge Douglas E. Miller on 10/15/20. (tlev, )
October 15, 2020 Opinion or Order Filing 1230 ORDER granting #1221 Motion for Pro hac vice for James Robertson Martin as to United Healthcare Services, Inc. Signed by Magistrate Judge Douglas E. Miller on 10/15/20. (tlev, )
October 15, 2020 Opinion or Order Filing 1229 ORDER granting #1216 Motion for Pro hac vice for Abby Dennis as to United Healthcare Services, Inc. Signed by Magistrate Judge Douglas E. Miller on 10/15/20. (tlev, )
October 15, 2020 Opinion or Order Filing 1228 ORDER granting #1219 Motion for Pro hac vice for Hamish Hume as to United Healthcare Services, Inc. Signed by Magistrate Judge Douglas E. Miller on 10/15/20. (tlev, )
October 15, 2020 Opinion or Order Filing 1227 ORDER granting #1222 Motion for Pro hac vice for Judith A. Zahid as to United Healthcare Services, Inc. Signed by Magistrate Judge Douglas E. Miller on 10/15/20. (tlev, )
October 15, 2020 Opinion or Order Filing 1226 ORDER granting United Healthcare Services, Inc's Unopposed (1224) Motion to Be Relieved from Pretrial Order No. 9 And For A Limited Stay of Its Case in case 2:18-md-02836-RBS-DEM. Signed by Magistrate Judge Douglas E. Miller on 10/15/2020. See order for details. Copies distributed to all counsel. Associated Cases: 2:18-md-02836-RBS-DEM, 2:20-cv-01005-RBS-DEM (clou )
October 14, 2020 Filing 1225 Memorandum in Support re #1224 MOTION TO BE RELIEVED FROM PRETRIAL ORDER NO. 9 AND FOR A LIMITED STAY OF ITS CASE filed by United Healthcare Services, Inc.. (Cheng, Katherine)
October 14, 2020 Filing 1224 MOTION TO BE RELIEVED FROM PRETRIAL ORDER NO. 9 AND FOR A LIMITED STAY OF ITS CASE by United Healthcare Services, Inc.. (Attachments: #1 Proposed Order)(Cheng, Katherine)
October 14, 2020 Filing 1223 Letter from Vandeventer Black, LLP. (clou)
October 14, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1080 MOTION for Partial Summary Judgment , #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark), #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers, #1072 MOTION to Exclude Proposed Testimony of Mark Robbins, #1055 MOTION to Exclude Portions of the Proposed Testimony of Dr. Mark Robbins filed on behalf of all Plaintiffs, #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark), #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs, #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs, #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark), #1070 MOTION to Exclude Proposed Testimony of Anupam Jena, #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark), #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS (clou, )
October 13, 2020 Filing 1222 Motion to appear Pro Hac Vice by Judith Zahid and Certification of Local Counsel Katherine M. Cheng Filing fee $ 75, receipt number 0422-7443217. by United Healthcare Services, Inc.. (Cheng, Katherine)
October 13, 2020 Filing 1221 Motion to appear Pro Hac Vice by James Robertson Martin and Certification of Local Counsel Katherine M. Cheng Filing fee $ 75, receipt number 0422-7443130. by United Healthcare Services, Inc.. (Cheng, Katherine)
October 13, 2020 Filing 1220 Motion to appear Pro Hac Vice by Jennifer Duncan Hackett and Certification of Local Counsel Katherine M. Cheng Filing fee $ 75, receipt number 0422-7443094. by United Healthcare Services, Inc.. (Cheng, Katherine)
October 13, 2020 Filing 1219 Motion to appear Pro Hac Vice by Hamish Hume and Certification of Local Counsel Katherine M. Cheng Filing fee $ 75, receipt number 0422-7443080. by United Healthcare Services, Inc.. (Cheng, Katherine)
October 13, 2020 Filing 1218 Motion to appear Pro Hac Vice by Edward Takashima and Certification of Local Counsel Katherine M. Cheng Filing fee $ 75, receipt number 0422-7443059. by United Healthcare Services, Inc.. (Cheng, Katherine)
October 13, 2020 Filing 1217 Motion to appear Pro Hac Vice by Eric Buetzow and Certification of Local Counsel Katherine M. Cheng Filing fee $ 75, receipt number 0422-7443047. by United Healthcare Services, Inc.. (Cheng, Katherine)
October 13, 2020 Filing 1216 Motion to appear Pro Hac Vice by Abby Dennis and Certification of Local Counsel Katherine M. Cheng Filing fee $ 75, receipt number 0422-7443018. by United Healthcare Services, Inc.. (Cheng, Katherine)
October 13, 2020 Filing 1215 NOTICE of Appearance by Katherine Marie Cheng on behalf of United Healthcare Services, Inc. (Cheng, Katherine)
October 13, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol (clou, )
October 12, 2020 Filing 1214 Declaration re #1213 Reply to Response to Motion, #1203 Reply to Response to Motion, #1201 Reply to Response to Motion, (of Samuel G. Liversidge) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 97, #2 Exhibit 98, #3 Exhibit 99, #4 Exhibit 100, #5 Exhibit 101, #6 Exhibit 102, #7 Exhibit 103)(Noona, Stephen)
October 12, 2020 Filing 1213 REPLY to Response to Motion re #1067 MOTION for Summary Judgment filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 12, 2020 Filing 1212 Memorandum in Support re #1209 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
October 12, 2020 Filing 1211 Sealed Document re #1209 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions. (Monroe, William) (Main Document 1211 replaced on 10/19/2020 at counsel's request with correct unredacted version) (clou ).
October 12, 2020 Filing 1210 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1209 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions (Monroe, William)
October 12, 2020 Filing 1209 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
October 12, 2020 Filing 1208 REPLY to Response to Motion re #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs (Redacted) filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
October 12, 2020 Filing 1207 Memorandum in Support re #1202 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for Partial Summary Judgment Concerning the Relevant Market, Motion to Exclude the Testimony of Dr. Anupam Jena and Exhibits PX222 and PX225 filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
October 12, 2020 Filing 1206 Sealed Document re #1202 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for Partial Summary Judgment Concerning the Relevant Market, Motion to Exclude the Testimony of Dr. Anupam Jena and Exhibits PX222 and PX225. (Attachments: #1 Exhibit PX222, #2 Exhibit PX225)(Monroe, William)
October 12, 2020 Filing 1205 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1197 MOTION to Seal PORTIONS OF GLENMARK'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' REPLY BRIEF IN SUPPORT OF THEIR JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAU (Merck's Joinder in Glenmark's Motion to Seal) (Noona, Stephen)
October 12, 2020 Filing 1204 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1202 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for Partial Summary Judgment Concerning the Relevant Market, Motion to Exclude the Testimony of Dr. Anupam Jena and Exhibits PX222 and PX225 (Monroe, William)
October 12, 2020 Filing 1203 REPLY to Response to Motion re #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark) (Defendants' Joint Reply in Support of Their Motion to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 12, 2020 Filing 1202 MOTION to Seal Portions of Purchasers' Reply in Support of Motion for Partial Summary Judgment Concerning the Relevant Market, Motion to Exclude the Testimony of Dr. Anupam Jena and Exhibits PX222 and PX225 by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
October 12, 2020 Filing 1201 REPLY to Response to Motion re #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark) (Defendants' Joint Reply in Support of Their Motion to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 12, 2020 Filing 1200 Notice of Under Seal Filing LCvR5 (B) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #1193 Reply to Response to Motion, #1198 Memorandum in Support, #1197 MOTION to Seal PORTIONS OF GLENMARK'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' REPLY BRIEF IN SUPPORT OF THEIR JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAU, #1188 Reply to Response to Motion (Ottinger, Richard)
October 12, 2020 Filing 1199 Declaration re #1194 Reply to Response to Motion, Declaration of Thomas M. Sobol in Support of Reply in Support of Motion for Partial Summary Judgment Concerning the Relevant Market and Motion to Exclude the Proposed Testimony of Dr. Anupam B. Jena by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit PX220, #2 Exhibit PX221, #3 Exhibit PX222 (Redacted), #4 Exhibit PX223, #5 Exhibit PX224, #6 Exhibit PX225 (Redacted), #7 Exhibit PX226, #8 Exhibit PX227)(Monroe, William)
October 12, 2020 Filing 1198 Memorandum in Support re #1197 MOTION to Seal PORTIONS OF GLENMARK'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' REPLY BRIEF IN SUPPORT OF THEIR JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAU filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
October 12, 2020 Filing 1197 MOTION to Seal PORTIONS OF GLENMARK'S REPLY BRIEF IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT AND DEFENDANTS' REPLY BRIEF IN SUPPORT OF THEIR JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
October 12, 2020 Filing 1196 Sealed Response/Reply/Opposition re #1193 Reply to Response to Motion,. (Ottinger, Richard)
October 12, 2020 Filing 1195 Sealed Response/Reply/Opposition re #1188 Reply to Response to Motion. (Ottinger, Richard)
October 12, 2020 Filing 1194 REPLY to Response to Motion re #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
October 12, 2020 Filing 1193 REPLY to Response to Motion re #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK (for Merck and Glenmark) - Redacted Public Version filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
October 12, 2020 Filing 1192 Declaration re #1188 Reply to Response to Motion by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit 56, #2 Exhibit 57, #3 Exhibit 58, #4 Exhibit 59)(Ottinger, Richard)
October 12, 2020 Filing 1191 Declaration re #1190 Reply to Response to Motion, (of Christopher D. Dusseault) (by Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 15)(Noona, Stephen)
October 12, 2020 Filing 1190 REPLY to Response to Motion re #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark) (Defendants' Joint Reply in Support of Motion to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 12, 2020 Filing 1189 REPLY to Response to Motion re #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark) (Defendants' Reply Memorandum in Support of Joint Motion to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 12, 2020 Filing 1188 REPLY to Response to Motion re #1037 MOTION for Summary Judgment on All Claims filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
October 12, 2020 Filing 1187 Reply to #1055 MOTION to Exclude Portions of the Proposed Testimony of Dr. Mark Robbins filed on behalf of all Plaintiffs filed by All End Payer Plaintiffs. (Cales, James)
October 7, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1174 MOTION to Seal Motion to Seal PX088 to Purchasers' Oppositions to Merck and Glenmark Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts (clou, )
October 6, 2020 Opinion or Order Filing 1186 ORDER: The transferred case, United Healthcare Services, Inc. v. Merck & Co, Inc, et al, Case No. 2:20cv01909 (D. Minn.) is assigned Member Case No 2:20cv1005 in this court. New counsel are directed to review the entire docket in this multidistrict litigation and in particular the outlined pretrial Orders. Counsel are further directed to confer with Class Counsel for the Direct Payor Class, Interim Class Counsel for the End Payer Class, and Counsel for the Retailers; and advise the court by motion, if United Healthcare intends to request any modification to the foregoing procedural Orders or any other procedural Order in this MDL to date. Signed by District Judge Rebecca Beach Smith on 10/6/20. (afar)
October 6, 2020 Opinion or Order Filing 1185 ORDER granting #1178 Motion for Pro hac vice for Erin Cathleen Burns as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 10/5/20. (tlev, )
October 5, 2020 Filing 1184 Certified Copy of Conditional Transfer Order (CTO -2) Entered by The United States Judicial Panel on Multidistrict Litigation. MDL No. 2836. The action on the attached schedule is transferred under 28 U.S.C. 1407 to the Eastern District of Virginia for the reasons stated in the order of June 8, 2018, and, with the consent of that court, assigned to the Honorable Rebecca Beach Smith. (clou)
October 2, 2020 Filing 1183 Declaration re #1182 Response in Support of Motion, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
October 2, 2020 Filing 1182 RESPONSE in Support re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
October 2, 2020 Filing 1181 RESPONSE in Support re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol Response in Partial Support Purchaser Plaintiffs' Motion for Leave to File Under Seal Portions of their Oppositions to Merck and Glenmark Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of Thomas M. Sobol filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
October 2, 2020 Filing 1180 RESPONSE in Support re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol filed by Par Pharmaceutical, Inc.. (Attachments: #1 Proposed Order)(McNichols, John)
October 1, 2020 Filing 1179 NOTICE by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated of change of address for Peter R. Kohn and Joseph T. Lukens (Monroe, William)
October 1, 2020 Filing 1178 Motion to appear Pro Hac Vice by Erin Cathleen Burns and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-7425414. by FWK Holdings, LLC. (Monroe, William)
September 29, 2020 MOTIONS REFERRED to Magistrate Judge: Miller. #1167 MOTION to Seal Exhibit PX203 to the Declaration of Thomas M. Sobol in Support of Purchasers' Opposition to Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts (afar)
September 28, 2020 Filing 1177 Sealed Attachment/Exhibit(s) re #1174 MOTION to Seal Motion to Seal PX088 to Purchasers' Oppositions to Merck and Glenmark Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts, #1151 NOTICE,,. (Ottinger, Richard)
September 28, 2020 Filing 1176 Notice of Filing Sealing Motion LCvR5(C) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #1174 MOTION to Seal Motion to Seal PX088 to Purchasers' Oppositions to Merck and Glenmark Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts (Ottinger, Richard)
September 28, 2020 Filing 1175 Memorandum in Support re #1174 MOTION to Seal Motion to Seal PX088 to Purchasers' Oppositions to Merck and Glenmark Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
September 28, 2020 Filing 1174 MOTION to Seal Motion to Seal PX088 to Purchasers' Oppositions to Merck and Glenmark Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
September 28, 2020 Filing 1173 EXHIBIT PX088 (Redacted Public Version) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd... (Attachments: #1 Exhibit PX088 (Part 1 of 2) - Redacted Public Version, #2 Exhibit PX088 (Part 2 of 2) - Redacted Public Version)(Ottinger, Richard)
September 25, 2020 Filing 1172 Declaration re #1171 Response in Support of Motion, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 25, 2020 Filing 1171 RESPONSE in Support re #1167 MOTION to Seal Exhibit PX203 to the Declaration of Thomas M. Sobol in Support of Purchasers' Opposition to Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
September 21, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1115 MOTION to Seal Certain Documents, #1124 MOTION to Seal Portion of Response to Class Certification Report and Recommendation Objections, #1132 MOTION to Seal Certain Documents (for Merck and Glenmark Defendants) (clou, )
September 18, 2020 Filing 1170 Memorandum in Support re #1167 MOTION to Seal Exhibit PX203 to the Declaration of Thomas M. Sobol in Support of Purchasers' Opposition to Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 18, 2020 Filing 1169 Sealed Attachment/Exhibit(s) re #1167 MOTION to Seal Exhibit PX203 to the Declaration of Thomas M. Sobol in Support of Purchasers' Opposition to Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts. (Attachments: #1 Exhibit PX203)(Monroe, William)
September 18, 2020 Filing 1168 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1167 MOTION to Seal Exhibit PX203 to the Declaration of Thomas M. Sobol in Support of Purchasers' Opposition to Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts (Monroe, William)
September 18, 2020 Filing 1167 MOTION to Seal Exhibit PX203 to the Declaration of Thomas M. Sobol in Support of Purchasers' Opposition to Defendants' Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
September 18, 2020 Opinion or Order Filing 1166 Agreed ORDER granting #1164 Consent MOTION for Extension of Time to File Response/Reply as to 1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol. Copies distributed to all counsel. See order for details. Signed by Magistrate Judge Douglas E. Miller on 9/18/2020. (clou )
September 18, 2020 Opinion or Order Filing 1165 ORDER granting #1161 MOTION for Extension of Time to File Exhibits to the Declaration of Thomas M. Sobol in Support of the Purchasers Opposition to Merck and Glenmark Defendants Motions for Summary Judgment and to Exclude Testimony and Opinions of Purchasers Experts. Copies distributed to all counsel. See order for details. Signed by Magistrate Judge Douglas E. Miller on 9/18/2020. (clou )
September 17, 2020 Filing 1164 Consent MOTION for Extension of Time to File Response/Reply as to #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol by Par Pharmaceutical, Inc.. (Attachments: #1 Proposed Order)(McNichols, John)
September 17, 2020 Opinion or Order Filing 1163 Agreed ORDER granting #1160 Consent MOTION for Extension of Time to File Response/Reply as to #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol (and Memorandum in Support)(for Merck and Glenmark Defendants). Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/17/2020. (clou)
September 17, 2020 Filing 1162 Memorandum in Support re #1161 MOTION for Extension of Time to File Exhibits to the Declaration of Thomas M. Sobol in Support of the Purchasers Opposition to Merck and Glenmark Defendants Motions for Summary Judgment and to Exclude Testimony and Opinions of Purchasers Experts filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 17, 2020 Filing 1161 MOTION for Extension of Time to File Exhibits to the Declaration of Thomas M. Sobol in Support of the Purchasers Opposition to Merck and Glenmark Defendants Motions for Summary Judgment and to Exclude Testimony and Opinions of Purchasers Experts by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
September 17, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1164 Consent MOTION for Extension of Time to File Response/Reply as to #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers (clou)
September 17, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1160 Consent MOTION for Extension of Time to File Response/Reply as to #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers, #1161 MOTION for Extension of Time to File Exhibits to the Declaration of Thomas M. Sobol in Support of the Purchasers Opposition to Merck and Glenmark Defendants Motions for Summary Judgment and to Exclude Testimony and Opinions of Purchasers Experts (clou, )
September 16, 2020 Filing 1160 Consent MOTION for Extension of Time to File Response/Reply as to #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol (and Memorandum in Support)(for Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Propsed Agreed Order))(Noona, Stephen)
September 14, 2020 Filing 1159 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1148 Declaration,,, Supplemental Exhibits to the Declaration of Thomas M. Sobol (Attachments: #1 Exhibit PX150 (REDACTED), #2 Exhibit PX151, #3 Exhibit PX152, #4 Exhibit PX153, #5 Exhibit PX154, #6 Exhibit PX155, #7 Exhibit PX156, #8 Exhibit PX157, #9 Exhibit PX158, #10 Exhibit PX159, #11 Exhibit PX160 (REDACTED), #12 Exhibit PX161)(Monroe, William)
September 12, 2020 Filing 1158 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1148 Declaration,, Additional Exhibits (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, # 11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit)(Monroe, William) Modified on 9/18/2020, Exhibit 11 removed at counsel's request. (clou, ).
September 11, 2020 Filing 1157 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1148 Declaration,, Additional Exhibits (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit)(Monroe, William)
September 11, 2020 Filing 1156 Sealed Response/Reply/Opposition re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol. (Monroe, William)
September 11, 2020 Filing 1155 Opposition to #1037 MOTION for Summary Judgment on All Claims, #1067 MOTION for Summary Judgment filed on behalf of Purchasers filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 11, 2020 Filing 1154 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1148 Declaration,, Additional Exhibits (Attachments: #1 Exhibit PX125, #2 Exhibit PX126, #3 Exhibit PX127, #4 Exhibit PX128, #5 Exhibit PX129, #6 Exhibit PX130, #7 Exhibit PX131, #8 Exhibit PX132, #9 Exhibit PX133, #10 Exhibit PX134, #11 Exhibit PX135, #12 Exhibit PX136, #13 Exhibit PX137, #14 Exhibit PX138, #15 Exhibit PX139, #16 Exhibit PX140, #17 Exhibit PX141, #18 Exhibit PX142, #19 Exhibit PX143, #20 Exhibit PX144, #21 Exhibit PX145, #22 Exhibit PX146, #23 Exhibit PX147, #24 Exhibit PX148, #25 Exhibit PX149)(Monroe, William)
September 11, 2020 Filing 1153 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1148 Declaration,, (Attachments: #1 Exhibit PX117, #2 Exhibit PX118, #3 Exhibit PX119, #4 Exhibit PX120, #5 Exhibit PX121, #6 Exhibit PX122, #7 Exhibit PX123, #8 Exhibit PX124)(Monroe, William)
September 11, 2020 Filing 1152 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1148 Declaration,, Additional Exhibits (Attachments: #1 Exhibit PX098, #2 Exhibit PX099, #3 Exhibit PX100, #4 Exhibit PX101, #5 Exhibit PX102, #6 Exhibit PX103, #7 Exhibit PX104, #8 Exhibit PX105, #9 Exhibit PX106, #10 Exhibit PX107, #11 Exhibit PX108, #12 Exhibit PX109, #13 Exhibit PX110, #14 Exhibit PX111, #15 Exhibit PX112, #16 Exhibit PX113, #17 Exhibit PX114, #18 Exhibit PX115, #19 Exhibit PX116)(Monroe, William)
September 11, 2020 Filing 1151 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1148 Declaration,, Second Supplemental Exhibits (Attachments: #1 Exhibit PX086, #2 Exhibit PX087, #3 Exhibit PX088, #4 Exhibit PX089, #5 Exhibit PX090, #6 Exhibit PX091, #7 Exhibit PX092, #8 Exhibit PX093, #9 Exhibit PX094, #10 Exhibit PX095, #11 Exhibit PX096, #12 Exhibit PX097)(Monroe, William) (Attachment 8 replaced on 10/21/2020 with corrected version, document previously filed was corrupted) (clou ).
September 11, 2020 Filing 1150 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1148 Declaration,, Additional Exhibits (Attachments: #1 Exhibit PX055, #2 Exhibit PX056, #3 Exhibit PX057, #4 Exhibit PX058, #5 Exhibit PX059, #6 Exhibit PX060, #7 Exhibit PX061, #8 Exhibit PX062, #9 Exhibit PX063, #10 Exhibit PX064, #11 Exhibit PX065, #12 Exhibit PX066, #13 Exhibit PX067, #14 Exhibit PX068, #15 Exhibit PX069, #16 Exhibit PX070, #17 Exhibit PX071, #18 Exhibit PX072, #19 Exhibit PX073, #20 Exhibit PX074, #21 Exhibit PX075, #22 Exhibit PX076, #23 Exhibit PX077, #24 Exhibit PX078, #25 Exhibit PX079, #26 Exhibit PX080, #27 Exhibit PX081, #28 Exhibit PX082, #29 Exhibit PX083, #30 Exhibit PX084, #31 Exhibit PX085)(Monroe, William) (Attachment 24 replaced on 10/21/2020 with corrected version, document previously attached was corrupted) (clou ).
September 11, 2020 Filing 1149 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1145 NOTICE,, #1144 Declaration,,, #1147 Sealed Attachment/Exhibit(s), (Notice of Filing of Corrected Filing Title) (for the Merck and Glenmark Defendants) (Noona, Stephen)
September 11, 2020 Filing 1148 Declaration re #1111 Opposition, #1113 Memorandum in Opposition, #1112 Opposition, #1114 Memorandum in Opposition, #1110 Opposition of Thomas M. Sobol , #1155 Opposition to 1037 MOTION for Summary Judgment on All Claims, #1067 MOTION for Summary Judgment filed on behalf of Purchasers by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit PX041, #2 Exhibit PX042, #3 Exhibit PX043, #4 Exhibit PX044, #5 Exhibit PX045, #6 Exhibit PX046, #7 Exhibit PX047, #8 Exhibit PX048, #9 Exhibit PX049, #10 Exhibit PX050, #11 Exhibit PX051, #12 Exhibit PX052, #13 Exhibit PX053, #14 Exhibit PX054)(Monroe, William) Modified docket text to add link to related document at counsel's request on 9/14/2020 (clou ).
September 11, 2020 Filing 1147 Sealed Attachment/Exhibit(s) re #1144 Declaration,,, #1145 NOTICE,, #1132 MOTION to Seal Certain Documents (for Merck and Glenmark Defendants). (Attachments: #1 Exhibit 4, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14, #5 Exhibit 17, #6 Exhibit 18, #7 Exhibit 19, #8 Exhibit 20, #9 Exhibit 21, #10 Exhibit 23, #11 Exhibit 25, #12 Exhibit 27, #13 Exhibit 28, #14 Exhibit 29, #15 Exhibit 30, #16 Exhibit 31)(Noona, Stephen)
September 11, 2020 Filing 1146 Sealed Response/Reply/Opposition re #1140 Opposition,,, #1132 MOTION to Seal Certain Documents (for Merck and Glenmark Defendants). (Noona, Stephen)
September 11, 2020 Filing 1145 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1144 Declaration,,, (for the Merck and Glenmark Defendants) (Attachments: #1 Exhibit 24, #2 Exhibit 25 (Public Version), #3 Exhibit 26, #4 Exhibit 27 (Public Version), #5 Exhibit 28 (Public Version), #6 Exhibit 29 (Public Version), #7 Exhibit 30 (Public Version), #8 Exhibit 31 (Public Version), #9 Exhibit 32, #10 Exhibit 33, #11 Exhibit 34, #12 Exhibit 35, #13 Exhibit 36, #14 Exhibit 37, #15 Exhibit 38, #16 Exhibit 39, #17 Exhibit 40, #18 Exhibit 41)(Noona, Stephen)
September 11, 2020 Filing 1144 Declaration re #1140 Opposition,,, (of Christopher D. Dusseault) (for the Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (Public Version), #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12 (Public Version), #13 Exhibit 13 (Public Version), #14 Exhibit 14 (Public Version), #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17 (Public Version), #18 Exhibit 18 (Public Version), #19 Exhibit 19 (Public Version), #20 Exhibit 20 (Public Version), #21 Exhibit 21 (Public Version), #22 Exhibit 22, #23 Exhibit 23 (Public Version))(Noona, Stephen)
September 11, 2020 Filing 1143 Memorandum in Support re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 11, 2020 Filing 1142 Sealed Response/Reply/Opposition re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol. (Monroe, William)
September 11, 2020 Filing 1141 Sealed Attachment/Exhibit(s) re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol. (Attachments: #1 Exhibit PX124, #2 Exhibit PX144, #3 Exhibit PX146, #4 Exhibit PX149, #5 Exhibit PX150, #6 Exhibit PX160, #7 Exhibit PX170, #8 Exhibit PX199, #9 Exhibit PX200, #10 Exhibit PX204, #11 Exhibit PX205, #12 Exhibit PX206, #13 Exhibit PX207, #14 Exhibit PX208, #15 Exhibit PX209, #16 Exhibit PX210, #17 Exhibit PX211)(Monroe, William)
September 11, 2020 Filing 1140 Opposition to #1080 MOTION for Partial Summary Judgment , #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs, #1070 MOTION to Exclude Proposed Testimony of Anupam Jena (Defendants' Opposition to Plaintiffs' Motion for Partial Summary Judgment Concerning the Relevant Market & Motion to Exclude the Proposed Testimony of Dr. Anupam B. Jena) (for the Merck and Glenmark Defendants) (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 11, 2020 Filing 1139 Sealed Attachment/Exhibit(s) re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol. (Attachments: #1 Exhibit PX088, #2 Exhibit PX089, #3 Exhibit PX091, #4 Exhibit PX092, #5 Exhibit PX104, #6 Exhibit PX109, #7 Exhibit PX110, #8 Exhibit PX111, #9 Exhibit PX113, #10 Exhibit PX115, #11 Exhibit PX118, #12 Exhibit PX120)(Monroe, William)
September 11, 2020 Filing 1138 Sealed Attachment/Exhibit(s) re #1132 MOTION to Seal Certain Documents (for Merck and Glenmark Defendants), #1137 Declaration,,. (Attachments: #1 Exhibit 10)(Noona, Stephen)
September 11, 2020 Filing 1137 Declaration re #1136 Memorandum in Opposition, (of Christopher D. Dusseault) (for the Meck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10 (Public Version), #11 Exhibit 11, #12 Exhibit 12)(Noona, Stephen)
September 11, 2020 Filing 1136 Memorandum in Opposition re #1072 MOTION to Exclude Proposed Testimony of Mark Robbins, #1055 MOTION to Exclude Portions of the Proposed Testimony of Dr. Mark Robbins filed on behalf of all Plaintiffs filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 11, 2020 Filing 1135 Declaration re #1133 Memorandum in Support, (of Christopher D. Dusseault) (for the Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 11, 2020 Filing 1134 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1132 MOTION to Seal Certain Documents (for Merck and Glenmark Defendants) (Noona, Stephen)
September 11, 2020 Filing 1133 Memorandum in Support re #1132 MOTION to Seal Certain Documents (for Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 11, 2020 Filing 1132 MOTION to Seal Certain Documents (for Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
September 11, 2020 Filing 1131 Sealed Document re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol. (Attachments: #1 Exhibit PX066, #2 Exhibit PX067, #3 Exhibit PX068, #4 Exhibit PX069, #5 Exhibit PX070, #6 Exhibit PX071, #7 Exhibit PX072, #8 Exhibit PX073, #9 Exhibit PX074, #10 Exhibit PX075, #11 Exhibit PX079, #12 Exhibit PX080, #13 Exhibit PX082)(Monroe, William)
September 11, 2020 Filing 1130 Sealed Document re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol. (Attachments: #1 Exhibit PX041, #2 Exhibit PX044, #3 Exhibit PX045, #4 Exhibit PX048, #5 Exhibit PX049, #6 Exhibit PX050, #7 Exhibit PX054, #8 Exhibit PX055, #9 Exhibit PX056, #10 Exhibit PX057, #11 Exhibit PX058, #12 Exhibit PX059, #13 Exhibit PX060, #14 Exhibit PX061, #15 Exhibit PX062, #16 Exhibit PX064, #17 Exhibit PX065)(Monroe, William)
September 11, 2020 Filing 1129 Opposition to #1103 Objection to Report and Recommendations, for Class Certification and Amending Class Definition filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit Wingate Deposition, Redacted, #2 Exhibit Buchman Declaration)(Cales, James)
September 11, 2020 Filing 1128 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol (Monroe, William)
September 11, 2020 Filing 1127 Sealed Document re #1124 MOTION to Seal Portion of Response to Class Certification Report and Recommendation Objections. (Attachments: #1 Exhibit Wingate Deposition)(Cales, James)
September 11, 2020 Filing 1126 MOTION to Seal Portions of Purchasers' Opposition to Merck and Glenmark's Motions for Summary Judgment and to Exclude the Opinions and Testimony of Purchasers' Experts and Exhibits to the Declaration of T. Sobol by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
September 11, 2020 Filing 1125 Memorandum in Support re #1124 MOTION to Seal Portion of Response to Class Certification Report and Recommendation Objections filed by All End Payer Plaintiffs. (Attachments: #1 Proposed Order Proposed Sealing Order)(Cales, James)
September 11, 2020 Filing 1124 MOTION to Seal Portion of Response to Class Certification Report and Recommendation Objections by All End Payer Plaintiffs. (Cales, James)
September 11, 2020 Filing 1123 Notice of Filing Sealing Motion LCvR5(C) by All End Payer Plaintiffs (Cales, James)
September 11, 2020 Filing 1122 NOTICE by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #1119 Opposition,, GLENMARK DEFENDANTS' JOINDER IN THE MERCK DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCK'S PRIVILEGE ASSERTIONS (Ottinger, Richard)
September 11, 2020 Filing 1121 Sealed Response/Reply/Opposition re #1115 MOTION to Seal Certain Documents, #1119 Opposition,,. (Noona, Stephen)
September 11, 2020 Filing 1120 Declaration re #1119 Opposition,, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Noona, Stephen)
September 11, 2020 Filing 1119 Opposition to #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs, #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 11, 2020 Filing 1118 Declaration re #1116 Memorandum in Support (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 11, 2020 Filing 1117 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1115 MOTION to Seal Certain Documents (Noona, Stephen)
September 11, 2020 Filing 1116 Memorandum in Support re #1115 MOTION to Seal Certain Documents filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
September 11, 2020 Filing 1115 MOTION to Seal Certain Documents by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
September 11, 2020 Filing 1114 Memorandum in Opposition re #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark) on behalf of all Plaintiffs filed by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Carroll, Adam)
September 11, 2020 Filing 1113 Memorandum in Opposition re #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK PUBLIC VERSION on behalf of all Plaintiffs filed by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Carroll, Adam)
September 11, 2020 Filing 1112 Opposition to #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark) filed on behalf of all Plaintiffs filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
September 11, 2020 Filing 1111 Opposition to #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark) , #1035 Memorandum in Support, Fiiled on Behalf of All Plaintiff Groups filed by All End Payer Plaintiffs. (Cales, James) Modified docket text to include link to motion on 9/14/2020 (clou ).
September 11, 2020 Filing 1110 Opposition to #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark) Filed on Behalf of All Plaintiff Groups filed by All End Payer Plaintiffs. (Cales, James)
September 11, 2020 Opinion or Order Filing 1109 Agreed ORDER granting #1107 Joint MOTION for Entry of Agreed Order re #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs and Memorandum in Support. See order for details. Signed by Magistrate Judge Douglas E. Miller on 9/11/2020. (clou)
September 10, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1107 Joint MOTION Entry of Agreed Order re #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of a (clou, )
September 9, 2020 Filing 1108 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1107 Joint MOTION Entry of Agreed Order re #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of a (Notice of Filing of Corrected Exhibit) (Attachments: #1 Exhibit 1)(Noona, Stephen)
September 9, 2020 Filing 1107 Joint MOTION Entry of Agreed Order re #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs and Memorandum in Support by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: # 1 Exhibit 1)(Noona, Stephen) Modified on 9/9/2020 to remove Exhibit 1 at counsel's request. (clou ).
September 9, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1021 MOTION to Seal PORTIONS OF THE GLENMARK DEFENDANTS' PRESENTATION SLIDES FROM END PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION HEARING, #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhibit. (clou, )
September 8, 2020 Filing 1106 USCA Case Number - 20-432 - Petition for permission to appeal filed by Glenmark Generics INC., USA, Glenmark Pharmaceuticals, Ltd., MSP Singapore Co. LLC, Merck & Company, Incorporated, Merck Sharp & Dohme Corporation, Schering Corporation and Schering Plough Corporation. [20-432] Originating case number: 2:18-md-02836-RBS-DEM. Case manager: JRice. [20-432] (clou )
September 8, 2020 Opinion or Order Filing 1105 Agreed ORDER re #1104 Joint MOTION to Enter Proposed Agreed Order and Stipulation on Summary Judgment Briefing. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 9/8/2020. (clou )
September 4, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1104 Joint MOTION to Enter Proposed Agreed Order and Stipulation on Summary Judgment Briefing filed on behalf of all parties (clou, )
September 3, 2020 Filing 1104 Joint MOTION to Enter Proposed Agreed Order and Stipulation on Summary Judgment Briefing filed on behalf of all parties by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
August 28, 2020 Filing 1103 OBJECTION to #1094 Report and Recommendations (Defendants' Objections To The Report And Recommendation Granting End-Payor Plaintiffs' Motion For Class Certification) (filed by Merck and Glenmark Defendants) (Tables of Content and Authority per ECF No. 1026) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 25, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1045 MOTION to Seal MOTION TO SEAL PORTIONS OF THE GLENMARK DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DEFENDANTS' MEMORANDUM IN SUPPORT OF JOINT MOTION TO EXCLUDE PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, AND RELA, #1058 MOTION to Seal Portions of Memorandum in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions, and Exhibits Thereto, #1052 MOTION for Joinder in Glenmark's Motion to Seal [ECF 1045], #1060 MOTION to Seal Certain Documents (clou )
August 21, 2020 Opinion or Order Filing 1102 ORDER re #922 MOTION to Amend/Correct #839 Answer to Complaint. The instant Motion is DENIED WITHOUT PREJUDICE AS MOOT. For good cause shown, the Merck Defendants' Motion for Leave to File a Response to the Notice, ECF No. #1028 , is GRANTED. The Merck Defendants' Objection to the R&R, ECF No. #990 , is SUSTAINED. See Order for specific details. Copies distributed to all counsel. Signed by District Judge Rebecca Beach Smith on 8/21/2020. (clou, )
August 21, 2020 Opinion or Order Filing 1101 Memorandum ORDER : Overruling the Defendants' Objections, ECF No. #995 . The court ADOPTS AND APPROVES IN FULL the findings and recommendations set forth in the Magistrate Judge's thorough and well-reasoned R&R, ECF No. #967 . Accordingly, the court GRANTS the DPPs' Motion to Modify Their Class Definition, ECF No. #812 , and GRANTS IN PART the DPPs' Motion for Class Certification, ECF No. #735 See Memorandum Order for details. Signed by District Judge Rebecca Beach Smith on 8/21/2020. (clou )
August 21, 2020 Opinion or Order Filing 1100 ORDER and Stipulation. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 8/21/2020. (clou )
August 21, 2020 Opinion or Order Filing 1099 ORDER and Stipulation. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 8/21/2020. (clou )
August 17, 2020 Filing 1098 Declaration re #1097 Response in Support of Motion,, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 17, 2020 Filing 1097 RESPONSE in Support re #1058 MOTION to Seal Portions of Memorandum in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions, and Exhibits Thereto, #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhib filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
August 17, 2020 Filing 1096 RESPONSE in Support re #1060 MOTION to Seal Certain Documents, #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhib (GLENMARK DEFENDANTS' RESPONSE IN PARTIAL SUPPORT OF PLAINTIFFS' AND THE MERCK DEFENDANTS' RESPECTIVE MOTIONS TO SEAL) filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
August 17, 2020 Filing 1095 RESPONSE in Support re #1045 MOTION to Seal MOTION TO SEAL PORTIONS OF THE GLENMARK DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DEFENDANTS' MEMORANDUM IN SUPPORT OF JOINT MOTION TO EXCLUDE PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, AND RELA, #1060 MOTION to Seal Certain Documents, #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhib filed by Par Pharmaceutical, Inc.. (Attachments: #1 Exhibit 1 - Proposed Order)(McNichols, John)
August 14, 2020 Filing 1094 REPORT AND RECOMMENDATIONS re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel . See Report and Recommendations for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 8/13/2020. (clou)
August 11, 2020 Filing 1093 Sealed Document re #1090 Sealed Document,, #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhib. (Attachments: #1 Exhibit PX011)(Monroe, William)
August 11, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1029 Joint MOTION Joint Motion and Memorandum In Support Of Joint Motion To Enter Agreed Proposed Order and Stipulation On Sealing re #1018 Telephone Conference, (for all parties) (clou, )
August 11, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1030 Joint MOTION Joint Motion and Memorandum In Support Of Joint Motion To Enter Agreed Proposed Order And Stipulation On Briefing re #1018 Telephone Conference, (for all parties) (clou, )
August 10, 2020 Filing 1092 Memorandum in Support re #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhib filed on behalf of Purchasers filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
August 10, 2020 Filing 1091 Sealed Document re #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhib. (Attachments: #1 Exhibit PX018, #2 Exhibit PX019, #3 Exhibit PX020, #4 Exhibit PX021, #5 Exhibit PX022, #6 Exhibit PX025, #7 Exhibit PX026, #8 Exhibit PX028, #9 Exhibit PX029, #10 Exhibit PX030, #11 Exhibit PX031, #12 Exhibit PX032, #13 Exhibit PX034, #14 Exhibit PX038)(Monroe, William)
August 10, 2020 Filing 1090 Sealed Document re #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhib. (Attachments: #1 Exhibit PX001, #2 Exhibit PX003, #3 Exhibit PX005, #4 Exhibit PX006, #5 Exhibit PX008, #6 Exhibit PX009, #7 Exhibit PX010, #8 Exhibit PX012, #9 Exhibit PX013, #10 Exhibit PX014, #11 Exhibit PX015, #12 Exhibit PX016, #13 Exhibit PX017)(Monroe, William)
August 10, 2020 Filing 1089 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhib (Monroe, William)
August 10, 2020 Filing 1088 MOTION to Seal Exhibits to the Declaration of Thomas M. Sobol in Support of Purchasers' Motions for Partial Summary Judgment and to Exclude the Opinions and Testimony of Defendants' Experts and Portions of the Memorandum Quoting the Exhibits, filed on behalf of Purchasers by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
August 10, 2020 Filing 1087 Sealed Attachment/Exhibit(s) re #1082 NOTICE,,,,, #1084 NOTICE,,,,, #1083 NOTICE,,,,, #1060 MOTION to Seal Certain Documents, #1079 Declaration,,,,. (Attachments: #1 Exhibit 44, #2 Exhibit 59, #3 Exhibit 60, #4 Exhibit 80, #5 Exhibit 81, #6 Exhibit 88, #7 Exhibit 94)(Noona, Stephen)
August 10, 2020 Filing 1086 Declaration re #1055 MOTION to Exclude Portions of the Proposed Testimony of Dr. Mark Robbins filed on behalf of all Plaintiffs, #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs, #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers Declaration of Thomas M. Sobol by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit PX001 Redacted, #2 Exhibit PX002, #3 Exhibit PX003 Redacted, #4 Exhibit PX004, #5 Exhibit PX005 Filed Under Seal, #6 Exhibit PX006 Redacted, #7 Exhibit PX007, #8 Exhibit PX008 Redacted, #9 Exhibit PX009 Redacted, #10 Exhibit PX010 Filed Under Seal, #11 Exhibit PX011 Redacted, #12 Exhibit PX012 Filed Under Seal, #13 Exhibit PX013 Redacted, #14 Exhibit PX014 Filed Under Seal, #15 Exhibit PX015 Filed Under Seal, #16 Exhibit PX016 Redacted, #17 Exhibit PX017 Redacted, #18 Exhibit PX018 Filed Under Seal, #19 Exhibit PX019 Filed Under Seal, #20 Exhibit PX020 Filed Under Seal, #21 Exhibit PX021 Filed Under Seal, #22 Exhibit PX022 Filed Under Seal, #23 Exhibit PX023, #24 Exhibit PX024, #25 Exhibit PX025 Redacted, #26 Exhibit PX026 Filed Under Seal, #27 Exhibit PX027, #28 Exhibit PX028 Filed Under Seal, #29 Exhibit PX029 Redacted, #30 Exhibit PX030 Redacted, #31 Exhibit PX031 Redacted, #32 Exhibit PX032 Redacted, #33 Exhibit PX033, #34 Exhibit PX034 Redacted, #35 Exhibit PX035, #36 Exhibit PX036, #37 Exhibit PX037, #38 Exhibit PX038 Redacted, #39 Exhibit PX039, #40 Exhibit PX040)(Monroe, William)
August 10, 2020 Filing 1085 Sealed Memorandum in Support re #1069 Memorandum in Support, #1060 MOTION to Seal Certain Documents. (Noona, Stephen)
August 10, 2020 Filing 1084 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1069 Memorandum in Support, #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark), #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark), #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark), #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark), #1079 Declaration,,,, (Notice of Filing of Additional Exhibits) (Attachments: #1 Exhibit 76, #2 Exhibit 77, #3 Exhibit 78, #4 Exhibit 79, #5 Exhibit 80 (Public Version), #6 Exhibit 81 (Public Version), #7 Exhibit 82, #8 Exhibit 83, #9 Exhibit 84, #10 Exhibit 85, #11 Exhibit 86, #12 Exhibit 87, #13 Exhibit 88 (Public Version), #14 Exhibit 89, #15 Exhibit 90, #16 Exhibit 91, #17 Exhibit 92, #18 Exhibit 93, #19 Exhibit 94 (Public Version), #20 Exhibit 95, #21 Exhibit 96)(Noona, Stephen)
August 10, 2020 Filing 1083 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1069 Memorandum in Support, #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark), #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark), #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark), #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark), #1079 Declaration,,,, (Notice of Filing of Additional Exhibits) (Attachments: #1 Exhibit 51, #2 Exhibit 52, #3 Exhibit 53, #4 Exhibit 54, #5 Exhibit 55, #6 Exhibit 56, #7 Exhibit 57, #8 Exhibit 58, #9 Exhibit 59 (Public Version), #10 Exhibit 60 (Public Version), #11 Exhibit 61, #12 Exhibit 62, #13 Exhibit 63, #14 Exhibit 64, #15 Exhibit 65, #16 Exhibit 66, #17 Exhibit 67, #18 Exhibit 68, #19 Exhibit 69, #20 Exhibit 70, #21 Exhibit 71, #22 Exhibit 72, #23 Exhibit 73, #24 Exhibit 74, #25 Exhibit 75)(Noona, Stephen)
August 10, 2020 Filing 1082 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1069 Memorandum in Support, #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark), #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark), #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark), #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark), #1079 Declaration,,,, (Notice of Filing of Additional Exhibits) (Attachments: #1 Exhibit 26, #2 Exhibit 27, #3 Exhibit 28, #4 Exhibit 29, #5 Exhibit 30, #6 Exhibit 31, #7 Exhibit 32, #8 Exhibit 33, #9 Exhibit 34, #10 Exhibit 35, #11 Exhibit 36, #12 Exhibit 37, #13 Exhibit 38, #14 Exhibit 39, #15 Exhibit 40, #16 Exhibit 41, #17 Exhibit 42, #18 Exhibit 43, #19 Exhibit 44 (Public Version), #20 Exhibit 45, #21 Exhibit 46, #22 Exhibit 47, #23 Exhibit 48, #24 Exhibit 49, #25 Exhibit 50)(Noona, Stephen)
August 10, 2020 Filing 1081 Brief in Support to #1080 MOTION for Partial Summary Judgment filed by All End Payer Plaintiffs. (Cales, James)
August 10, 2020 Filing 1080 MOTION for Partial Summary Judgment by All End Payer Plaintiffs. (Cales, James)
August 10, 2020 Filing 1079 Declaration re #1069 Memorandum in Support, #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark), #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark), #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark), #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark) (of Samuel G. Liversidge by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25)(Noona, Stephen)
August 10, 2020 Filing 1078 Memorandum in Support re #1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
August 10, 2020 Filing 1077 MOTION for Partial Summary Judgment Concerning the Relevant Market filed on behalf of Purchasers by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
August 10, 2020 Filing 1076 NOTICE by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #1061 Memorandum in Support, #1060 MOTION to Seal Certain Documents GLENMARK DEFENDANTS' NOTICE OF PARTIAL JOINDER TO MERCK'S MOTION TO SEAL (Ottinger, Richard)
August 10, 2020 Filing 1075 Brief in Support to #1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS filed by All End Payer Plaintiffs. (Cales, James)
August 10, 2020 Filing 1074 MOTION FOR AN ORDER PRECLUDING SPECIFIED ARGUMENT AND EVIDENCE AT SUMMARY JUDGMENT AND TRIAL BASED ON MERCKS PRIVILEGE ASSERTIONS by All End Payer Plaintiffs. (Cales, James)
August 10, 2020 Filing 1073 Brief in Support to #1072 MOTION to Exclude Proposed Testimony of Mark Robbins filed by All End Payer Plaintiffs. (Cales, James)
August 10, 2020 Filing 1072 MOTION to Exclude Proposed Testimony of Mark Robbins by All End Payer Plaintiffs. (Cales, James)
August 10, 2020 Filing 1071 Brief in Support to #1070 MOTION to Exclude Proposed Testimony of Anupam Jena filed by All End Payer Plaintiffs. (Cales, James)
August 10, 2020 Filing 1070 MOTION to Exclude Proposed Testimony of Anupam Jena by All End Payer Plaintiffs. (Cales, James)
August 10, 2020 Filing 1069 Memorandum in Support re #1067 MOTION for Summary Judgment (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 10, 2020 Filing 1068 Memorandum in Support re #1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
August 10, 2020 Filing 1067 MOTION for Summary Judgment by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
August 10, 2020 Filing 1066 MOTION to Exclude the Proposed testimony of Dr. Anupam B. Jena filed on behalf of all Plaintiffs by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
August 10, 2020 Filing 1065 Memorandum in Support re #1058 MOTION to Seal Portions of Memorandum in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions, and Exhibits Thereto filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
August 10, 2020 Filing 1064 Sealed Document re #1058 MOTION to Seal Portions of Memorandum in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions, and Exhibits Thereto. (Attachments: #1 Exhibit A., #2 Exhibit B., #3 Exhibit C., #4 Exhibit D., #5 Exhibit E., #6 Exhibit F., #7 Exhibit G., #8 Exhibit H., #9 Exhibit I., #10 Exhibit J., #11 Exhibit K., #12 Exhibit L., #13 Exhibit M., #14 Exhibit N., #15 Exhibit O., #16 Exhibit P., #17 Exhibit Q., #18 Exhibit R., #19 Exhibit S., #20 Exhibit T., #21 Exhibit U., #22 Exhibit V., #23 Exhibit W., #24 Exhibit X., #25 Exhibit Y.)(Monroe, William)
August 10, 2020 Filing 1063 Declaration re #1061 Memorandum in Support (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 10, 2020 Filing 1062 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #1060 MOTION to Seal Certain Documents (Noona, Stephen)
August 10, 2020 Filing 1061 Memorandum in Support re #1060 MOTION to Seal Certain Documents filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 10, 2020 Filing 1060 MOTION to Seal Certain Documents by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 10, 2020 Filing 1059 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1058 MOTION to Seal Portions of Memorandum in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions, and Exhibits Thereto (Monroe, William)
August 10, 2020 Filing 1058 MOTION to Seal Portions of Memorandum in Support of Motion for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions, and Exhibits Thereto by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
August 10, 2020 Filing 1057 Declaration re #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs Declaration of Sharon K. Robertson by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit A. Redacted, #2 Exhibit B. Filed Under Seal, #3 Exhibit C. Filed Under Seal, #4 Exhibit D. Filed Under Seal, #5 Exhibit E. Redacted, #6 Exhibit F. Filed Under Seal, #7 Exhibit G. Filed Under Seal, #8 Exhibit H. Filed Under Seal, #9 Exhibit I., #10 Exhibit J., #11 Exhibit K. Filed Under Seal, #12 Exhibit L. Redacted, #13 Exhibit M. Filed Under Seal, #14 Exhibit N. Filed Under Seal, #15 Exhibit O. Filed Under Seal, #16 Exhibit P. Filed Under Seal, #17 Exhibit Q. Filed Under Seal, #18 Exhibit R. Filed Under Seal, #19 Exhibit S. Filed Under Seal, #20 Exhibit T. Filed Under Seal, #21 Exhibit U. Filed Under Seal, #22 Exhibit V. Filed Under Seal, #23 Exhibit W. Filed Under Seal, #24 Exhibit X. Filed Under Seal, #25 Exhibit Y. Filed Under Seal)(Monroe, William)
August 10, 2020 Filing 1056 Memorandum in Support re #1055 MOTION to Exclude Portions of the Proposed Testimony of Dr. Mark Robbins filed on behalf of all Plaintiffs filed by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Carroll, Adam)
August 10, 2020 Filing 1055 MOTION to Exclude Portions of the Proposed Testimony of Dr. Mark Robbins filed on behalf of all Plaintiffs by Albertsons Companies, Inc., CVS Pharmacy, Inc., HEB Grocery Company L.P., Rite Aid Corporation, Rite Aid Hdqtrs. Corp., The Kroger Co., Walgreen Co.. (Attachments: #1 Proposed Order)(Carroll, Adam)
August 10, 2020 Filing 1054 Memorandum in Support re #1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
August 10, 2020 Filing 1053 MOTION for an Order Precluding Specified Argument and Evidence at Summary Judgment and Trial Based on Merck's Privilege Assertions filed on behalf of all Plaintiffs by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
August 10, 2020 Filing 1052 MOTION for Joinder in Glenmark's Motion to Seal [ECF 1045] by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 10, 2020 Filing 1051 Sealed Memorandum in Support re #1044 Declaration,, #1041 Memorandum in Support,. (Attachments: #1 Exhibit 3 (Under Seal), #2 Exhibit 5 (Under Seal), #3 Exhibit 6 (Under Seal), #4 Exhibit 7 (Under Seal))(Ottinger, Richard)
August 10, 2020 Filing 1050 Sealed Memorandum in Support re #1038 Memorandum in Support, #1039 Declaration,,,,,. (Attachments: #1 Exhibit 44 (Under Seal), #2 Exhibit 51 (Under Seal), #3 Exhibit 52 (under Seal), #4 Exhibit 53 (Under Seal))(Ottinger, Richard)
August 10, 2020 Filing 1049 Memorandum in Support re #1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 10, 2020 Filing 1048 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Experts Drs. Thomas McGuire and Keith Leffler (for Merck and Glenmark) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 10, 2020 Filing 1047 Notice of Under Seal Filing LCvR5 (B) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #1045 MOTION to Seal MOTION TO SEAL PORTIONS OF THE GLENMARK DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DEFENDANTS' MEMORANDUM IN SUPPORT OF JOINT MOTION TO EXCLUDE PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, AND RELA, #1038 Memorandum in Support, #1041 Memorandum in Support, (Ottinger, Richard)
August 10, 2020 Filing 1046 Memorandum in Support re #1045 MOTION to Seal MOTION TO SEAL PORTIONS OF THE GLENMARK DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DEFENDANTS' MEMORANDUM IN SUPPORT OF JOINT MOTION TO EXCLUDE PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, AND RELA filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 10, 2020 Filing 1045 MOTION to Seal MOTION TO SEAL PORTIONS OF THE GLENMARK DEFENDANTS' MOTION FOR SUMMARY JUDGMENT, DEFENDANTS' MEMORANDUM IN SUPPORT OF JOINT MOTION TO EXCLUDE PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK, AND RELATED EXHIBITS by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
August 10, 2020 Filing 1044 Declaration re #1041 Memorandum in Support, DECLARATION OF R. BRENDAN FEE IN SUPPORT OF DEFENDANTS' JOINT MOTION AND MEMORANDUM TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 (Redacted), #4 Exhibit 4, #5 Exhibit 5 (Redacted), #6 Exhibit 6 (Redacted), #7 Exhibit 7 (Redacted))(Ottinger, Richard)
August 10, 2020 Filing 1043 Memorandum in Support re #1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 10, 2020 Filing 1042 Joint MOTION to Exclude Testimony and Opinions of Plaintiffs' Patent Merits Expert Robert Hrubiec (for Merck and Glenmark) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 10, 2020 Filing 1041 Memorandum in Support re #1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK (Redacted Public Version) filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 10, 2020 Filing 1040 Joint MOTION to Exclude DEFENDANTS' JOINT MOTION TO EXCLUDE PROPOSED EXPERT OPINIONS AND TESTIMONY OF PLAINTIFFS' GENERIC LAUNCH TIMING EXPERTS JON CLARK AND TODD CLARK by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
August 10, 2020 Filing 1039 Declaration re #1038 Memorandum in Support DECLARATION OF STEVEN A. REED IN SUPPORT OF THE GLENMARK DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ON ALL CLAIMS by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44 (Under Seal), #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51 (Redacted), #52 Exhibit 52 (Redacted), #53 Exhibit 53 (Redacted), #54 Exhibit 54, #55 Exhibit 55)(Ottinger, Richard)
August 10, 2020 Filing 1038 Memorandum in Support re #1037 MOTION for Summary Judgment on All Claims (Public Version) filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
August 10, 2020 Filing 1037 MOTION for Summary Judgment on All Claims by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Proposed Order)(Ottinger, Richard)
August 10, 2020 Filing 1036 Declaration re #1035 Memorandum in Support, (of Christopher D. Dusseault) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Noona, Stephen)
August 10, 2020 Filing 1035 Memorandum in Support re #1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 10, 2020 Filing 1034 Joint MOTION to Exclude in Part Testimony and Opinions of Plaintiffs' Expert Luis A. Molina (for Merck and Glenmark) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 10, 2020 Filing 1033 Declaration re #1032 Memorandum in Support, (of Jennifer L. Greenblatt) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Noona, Stephen)
August 10, 2020 Filing 1032 Memorandum in Support re #1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 10, 2020 Filing 1031 Joint MOTION to Exclude Proposed Expert Testimony of Attorney Shashank Upadhye (for Merck and Glenmark) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 8, 2020 Filing 1030 Joint MOTION Joint Motion and Memorandum In Support Of Joint Motion To Enter Agreed Proposed Order And Stipulation On Briefing re #1018 Telephone Conference,,,,, (for all parties) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
August 8, 2020 Filing 1029 Joint MOTION Joint Motion and Memorandum In Support Of Joint Motion To Enter Agreed Proposed Order and Stipulation On Sealing re #1018 Telephone Conference,,,,, (for all parties) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
August 7, 2020 Filing 1028 MOTION for Leave to File (Motion For Leave To File A Response and Memorandum In Support Of Motion To File Response To Direct Purchaser Plaintiffs' Notice Of Filing Of Supplemental Authority Relating To ECF Nos. 990 and 995) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2 (Supplemental Response)))(Noona, Stephen)
August 7, 2020 Filing 1027 RESPONSE to Motion re #1021 MOTION to Seal PORTIONS OF THE GLENMARK DEFENDANTS' PRESENTATION SLIDES FROM END PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION HEARING filed by All End Payer Plaintiffs. (Cales, James)
August 5, 2020 Opinion or Order Filing 1026 Agreed ORDER granting #1025 Joint MOTION Joint Motion to Enter Agreed Order re 1019 Order, 1018 Telephone Conference, (by all parties). Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 8/5/2020. (clou )
August 4, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1025 Joint MOTION Joint Motion to Enter Agreed Order re #1019 Order, #1018 Telephone Conference, (by all parties) (clou, )
August 3, 2020 Filing 1025 Joint MOTION Joint Motion to Enter Agreed Order re #1019 Order, #1018 Telephone Conference,,,,, (by all parties) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
July 31, 2020 Filing 1024 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #998 Motion Hearing,,,,,,,, (Notice Of Filing Of Presentation Slides From July 7, 2020 Hearing) (Attachments: #1 Exhibit 1)(Noona, Stephen)
July 31, 2020 Filing 1023 Notice of Filing Sealing Motion LCvR5(C) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #1020 Sealed Document, #1021 MOTION to Seal PORTIONS OF THE GLENMARK DEFENDANTS' PRESENTATION SLIDES FROM END PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION HEARING (Ottinger, Richard)
July 31, 2020 Filing 1022 Memorandum in Support re #1021 MOTION to Seal PORTIONS OF THE GLENMARK DEFENDANTS' PRESENTATION SLIDES FROM END PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION HEARING filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
July 31, 2020 Filing 1021 MOTION to Seal PORTIONS OF THE GLENMARK DEFENDANTS' PRESENTATION SLIDES FROM END PURCHASER PLAINTIFFS' MOTION FOR CLASS CERTIFICATION HEARING by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2 (Public Version))(Ottinger, Richard)
July 31, 2020 Filing 1020 Sealed Document. (Ottinger, Richard)
July 31, 2020 Opinion or Order Filing 1019 ORDER modifying summary judgment briefing page limits (see Pretrial Order 9 ECF #909 ). The court will entertain requests by Plaintiffs to modify the page limit for responsive briefing at the appropriate time. Copies distributed to all counsel. See order for specific details. Signed by Magistrate Judge Douglas E. Miller on 7/31/2020. (clou )
July 31, 2020 Filing 1018 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller: Telephone Conference held on 7/31/2020. The matter came before the Court for a telephone conference regarding page limits on upcoming motions to be filed in case. Stephen Noona and Christopher Dusseault present for Defendants Merck & Co, Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp. and MSP Singapore Co. LLC. Adam Carroll, Barry Refsin and Scott Perwin present for Retailer Purchaser Plaintiffs. William Monroe, Tom Sobol and Brad Vettraino present for Direct Purchaser Plaintiffs. James Cales, Marvin Miller and Michael Buchman present for End-Payor Plaintiffs. Brendan Fee, Zak Johns, Steve Reed and Richard Ottinger present for Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc, USA. Argument by Chris Dusseault, Richard Ottinger, Scott Perwin, Brad Vettraino Jim Cales, Steve Noona, Tom Sobol and Bill Monroe heard. Comments and questions by the Court.The Court directed that page limits for moving parties on summary judgment motions would be limited as follows: 50 pages for Merck and 45 pages for Glenmark. The Court also advised parties to consider carefully any sealing requests in support of dispositive arguments and directed the parties to file an order regarding any agreed deviations from the present briefing schedule. The Court is to issue a short order. Telephone conference adjourned. (jjon)
July 31, 2020 Set Deadlines/Hearings Telephone Conference set for 7/31/2020 at 02:00 PM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (jjon)
July 29, 2020 Filing 1017 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #995 Objection to Report and Recommendations, #990 Objection to Report and Recommendations, Notice of Supplemental Authority (Attachments: #1 Exhibit A.)(Monroe, William)
July 27, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #1004 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Response to Defendants' Objections and Exhibit 49 to Declaration re Class Certification, #1011 MOTION to Seal (clou, )
July 24, 2020 Filing 1016 RESPONSE in Support re #1011 MOTION to Seal (by Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 23, 2020 Filing 1015 RESPONSE in Support re #1004 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Response to Defendants' Objections and Exhibit 49 to Declaration re Class Certification filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 20, 2020 Filing 1014 TRANSCRIPT of Proceedings held on 7/7/20, before Judge Douglas E. Miller, Court Reporter/Transcriber Paul McManus, Telephone number 757-222-7077. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 8/19/2020. Redacted Transcript Deadline set for 9/21/2020. Release of Transcript Restriction set for 10/19/2020.(mcmanus, paul)
July 17, 2020 Filing 1013 NOTICE by All End Payer Plaintiffs of filing July 7, 2020 Hearing Slides (Attachments: #1 Exhibit, #2 Exhibit)(Cales, James)
July 17, 2020 Filing 1012 Memorandum in Support re #1011 MOTION to Seal and Proposed Order filed by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James)
July 17, 2020 Filing 1011 MOTION to Seal by All End Payer Plaintiffs. (Attachments: #1 Exhibit)(Cales, James)
July 17, 2020 Filing 1010 Notice of Filing Sealing Motion LCvR5(C) by All End Payer Plaintiffs re #1009 Sealed Document (Cales, James)
July 17, 2020 Filing 1009 Sealed Document. (Cales, James)
July 16, 2020 Filing 1008 Memorandum in Support re #1004 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Response to Defendants' Objections and Exhibit 49 to Declaration re Class Certification filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
July 16, 2020 Filing 1007 Sealed Attachment/Exhibit(s) re #1004 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Response to Defendants' Objections and Exhibit 49 to Declaration re Class Certification. (Attachments: #1 Exhibit 49)(Monroe, William)
July 16, 2020 Filing 1006 Sealed Response/Reply/Opposition re #1004 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Response to Defendants' Objections and Exhibit 49 to Declaration re Class Certification. (Monroe, William)
July 16, 2020 Filing 1005 Notice of Filing Sealing Motion LCvR5(C) by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #1004 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Response to Defendants' Objections and Exhibit 49 to Declaration re Class Certification (Monroe, William)
July 16, 2020 Filing 1004 MOTION to Seal Portions of Direct Purchaser Plaintiffs' Response to Defendants' Objections and Exhibit 49 to Declaration re Class Certification by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Monroe, William)
July 16, 2020 Filing 1003 Declaration re #1002 Response,, by Thomas Sobol in Support of Direct Purchaser Plaintiffs' Response to Defendants' Objections re Class Certification by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit 48 - DPP Class Presentation [Redacted], #2 Exhibit 49 [File under seal])(Monroe, William)
July 16, 2020 Filing 1002 Response to #967 REPORT AND RECOMMENDATIONS re #812 MOTION To Modify Direct Purchaser Plaintiffs' Class Definition re #735 MOTION to Certify Class filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly sit, #995 Objection to Report and Recommendations, Direct Purchaser Plaintiffs' Response to Defendants' Objections [REDACTED] filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
July 16, 2020 Filing 1001 Reply to #968 REPORT AND RECOMMENDATIONS re #922 MOTION to Amend/Correct #839 Answer to Complaint, filed by Merck Sharp & Dohme Corp., MSP Singapore Co. LLC, Schering Corp., Merck & Co., Inc., Schering-Plough Corp., #990 Objection to Report and Recommendations, Direct Purchaser Plaintiffs Response to Merck's Objection filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
July 15, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #991 Joint MOTION to Seal Certain Documents (by Merck and Glenmark Defendants) (clou, )
July 14, 2020 Filing 1000 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated re #999 NOTICE Withdrawal of Notice of Change of Party Name (Monroe, William)
July 9, 2020 Filing 999 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated Change of Party Name (Monroe, William)
July 8, 2020 Filing 997 Letter re Proposed Direct Purchaser Class Representative Rochester Drug Co-Operative, Inc... (Attachments: #1 Exhibit A)(Monroe, William)
July 7, 2020 Filing 998 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller:Motion Hearing held on 7/7/2020 re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel filed by The Uniformed Firefighters' Association of Greater New York Security Benefit Fund, UFCW Local 1500 Welfare Fund, on behalf of itself and all others similarly situated, International Union of Operating Engineers Local 49 Health and Welfare Fund on behalf of itself and all others similarly situated, Painters District Council No. 30 Health and Welfare Fund, on behalf of itself and all others similarly situated, City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated, Philadelphia Federation of Teachers Health and Welfare Fund, Sergeants Benevolent Association Health & Welfare Fund, on behalf of itself and all others similarly situated, All End Payer Plaintiffs, The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel filed by All End Payer Plaintiffs. Matter came on for hearing on motions (#729) to Certify Class, Appoint Class Representatives and Class Counsel and (#809) for Leave to Modify and Limit Class Definition. Present were: Adam Carroll and Eric Bloom on behalf of the retailers, Bill Monroe, David Sorenson, Ellen Noteware on behalf of the direct purchaser plaintiffs, Jim Cales, Michael Buchman, Michelle Clerkin, Marvin Miller, Alan Rashkind and Matthew Van Tine on behalf of the end purchasers, Stephen Noona, Eric Stock, Samuel Liversidge, Christopher Dusseault, Samuel Han, Alan Harberg, Richard Billups, Gerard Devlin and Tina Barton on behalf of Merck, Richard Ottinger, Steve Reed, Zak Johns, Brendan Fee, Jenny Eaton and Brian Hirsch on behalf of Glenmark. Comments and questions by the Court. Counsel argued the motions and responses and remarks heard. The Court will issue a report and recommendation and objections may be filed as appropriate. Hearing adjourned. (Court Reporter Paul McManus, OCR.)(cdod, )
July 2, 2020 Filing 996 Sealed Document re #991 Joint MOTION to Seal Certain Documents (by Merck and Glenmark Defendants), #995 Objection to Report and Recommendations,. (Noona, Stephen)
July 2, 2020 Filing 995 OBJECTION to #967 Report and Recommendations (Granting In Part Direct Purchaser Plaintiffs' Motion For Class Certification) (by the Merck and Glenmark Defendants) (Public Version) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 2, 2020 Filing 994 Declaration re #992 Memorandum in Support, (of Ashley E. Johnson) (by Glenmark and Merck Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 2, 2020 Filing 993 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #991 Joint MOTION to Seal Certain Documents (by Merck and Glenmark Defendants) (Noona, Stephen)
July 2, 2020 Filing 992 Memorandum in Support re #991 Joint MOTION to Seal Certain Documents (by Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 2, 2020 Filing 991 Joint MOTION to Seal Certain Documents (by Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
July 2, 2020 Filing 990 OBJECTION to #968 Report and Recommendations (Denying Without Prejudice Merck's Motion For Leave To Amend Its Answer) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
June 30, 2020 Opinion or Order Filing 989 ORDER granting #985 Motion for Pro hac vice for Daniel Evan Rubenstein as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 06/30/20. (tlev, )
June 30, 2020 Opinion or Order Filing 988 ORDER granting #984 Motion for Pro hac vice for John Radice as to FWK Holdings, LLC. Signed by District Judge Rebecca Beach Smith on 06/30/20. (tlev, )
June 29, 2020 Filing 987 Redaction of 931 Transcript,,, (stewart, jody)
June 29, 2020 Opinion or Order Filing 986 Sealing ORDER re #960 Joint MOTION to Seal (Joint Motion by Merck and Glenmark Defendants To Seal Limited Portions Of Transcript Of May 1, 2020 Hearing On End-Payor Plaintiffs' Motion To Certify Class). Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/29/2020. (clou )
June 26, 2020 Filing 985 Motion to appear Pro Hac Vice by Daniel Evan Rubenstein and Certification of Local Counsel William H. Monroe, Jr. Corrected and refiled by FWK Holdings, LLC. (Monroe, William)
June 26, 2020 Filing 984 Motion to appear Pro Hac Vice by John Daniel Radice and Certification of Local Counsel William H. Monroe, Jr. Corrected and refiled by FWK Holdings, LLC. (Monroe, William)
June 26, 2020 Notice of Correction re #983 Motion to appear Pro Hac Vice by Daniel Evan Rubenstein and #982 Motion to appear Pro Hac Vice by John Daniel Radice and Certification of Local Counsel William H. Monroe, Jr. The motions do not match the docket entry regarding parties represented. Counsel should re file the motion with the corrected information. Counsel should not pay the fees a second time. (tlev, )
June 25, 2020 Filing 983 Motion to appear Pro Hac Vice by Daniel Evan Rubenstein and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-7269692. by FWK Holdings, LLC. (Monroe, William)
June 25, 2020 Filing 982 Motion to appear Pro Hac Vice by John Daniel Radice and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-7269663. by FWK Holdings, LLC. (Monroe, William)
June 25, 2020 Set/Reset Hearings as to #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel : Motion Hearing set for 7/7/2020 at 01:00 PM in Norfolk Remote via Zoom before Magistrate Judge Douglas E. Miller. (jjon)
June 25, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #969 MOTION for Leave to File Response to Defendants' Notice of Supplemental Authority (clou, )
June 24, 2020 Filing 981 RESPONSE to Motion re #969 MOTION for Leave to File Response to Defendants' Notice of Supplemental Authority (MERCK AND GLENMARK DEFENDANTS' RESPONSE TO END-PURCHASER PLAINTIFFS' MOTION TO FILE A RESPONSE TO DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY) filed by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Ottinger, Richard)
June 24, 2020 Opinion or Order Filing 980 ORDER entered as modified by the court #940 Joint MOTION to Seal Presentation Slides on behalf of Merck and Glenmark Defendants. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/24/2020. (clou )
June 24, 2020 Opinion or Order Filing 979 Sealing ORDER entered as modified by the court #937 MOTION to Seal EPP Class Hearing Slides. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/24/2020. (clou )
June 24, 2020 Opinion or Order Filing 978 Sealing ORDER entered as modified by the court re #950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants). Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/24/2020. (clou )
June 24, 2020 Opinion or Order Filing 977 Sealing ORDER entered as modified by the court #947 MOTION to Seal Supplemental Memorandum in Support of Class Certification Motion and Motion to Amend Class Definition. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/24/2020. (clou )
June 23, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #960 Joint MOTION to Seal (Joint Motion by Merck and Glenmark Defendants To Seal Limited Portions Of Transcript Of May 1, 2020 Hearing On End-Payor Plaintiffs' Motion To Certify Class) (clou, )
June 22, 2020 Opinion or Order Filing 976 ORDER entered as modified by the court #918 MOTION to Seal Certain Documents. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/22/2020. (clou )
June 22, 2020 Opinion or Order Filing 975 ORDER entered as modified by the court #916 MOTION to Seal Craft Errata. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/22/2020. (clou )
June 22, 2020 Opinion or Order Filing 974 ORDER entered as modified by the court re #879 MOTION to Seal Portions of their reply Memorandum in Support of Class Certification ; #882 MOTION to Seal Portions of their Reply Memorandum of law in Support of their Motion for Leave to Modify and Limit their Class Definition. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/22/2020. (clou )
June 22, 2020 Opinion or Order Filing 973 ORDER entered as modified by the court #873 MOTION to Seal Portions of the Reply Memorandum In Support of Motion for Class Certification and Exhibits to the Declaration of Thomas M. Sobol. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/22/2020. (clou )
June 22, 2020 Opinion or Order Filing 972 ORDER entered as modified by the court #825 Joint MOTION to Seal Portions of Defendants' Opposition to the End Payor Plaintiffs' Motion for Class Certification, Portions of the Declaration of Eric Stock and Related Exhibits, and the Declaration of James Hughes, Ph.D. and Donald J. Dietz in Support. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/22/2020. (clou )
June 22, 2020 Opinion or Order Filing 971 ORDER entered as modified by the court re #815 Joint MOTION to Seal Portions of Defendants' Opposition to the Direct Purchaser Plaintiffs' Motion for Class Certification, Portions of the Declaration of Christopher D. Dusseault and Related Exhibits, and the Declaration of Bruce Strombom, Ph.D. in Support. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 6/22/2020. (clou )
June 19, 2020 Filing 970 Brief in Support to #969 MOTION for Leave to File Response to Defendants' Notice of Supplemental Authority filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit)(Cales, James)
June 19, 2020 Filing 969 MOTION for Leave to File Response to Defendants' Notice of Supplemental Authority by All End Payer Plaintiffs. (Cales, James)
June 18, 2020 Filing 968 REPORT AND RECOMMENDATIONS: Any party may serve upon the other party and file with the Clerk written objections to the foregoing findings and recommendations within fourteen (14) days from the date this report is forwarded to the objecting party re #922 MOTION to Amend/Correct. A party may respond to any other party's objections within fourteen (14) days after being served with a copy thereof. Signed by Magistrate Judge Douglas E. Miller on 6/18/20. (afar)
June 18, 2020 Filing 967 REPORT AND RECOMMENDATIONS: Any party may serve upon the other party and file with the Clerk written objections to the foregoing findings and recommendations within fourteen (14) days from the date this report re #735 MOTION to Certify Class and #812 MOTION To Modify Direct Purchaser Plaintiffs' Class Definition. A party may respond to any other party'sobjections within fourteen (14) days after being served with a copy thereof. Signed by Magistrate Judge Douglas E. Miller on 6/18/20. (afar)
June 15, 2020 Filing 966 RESPONSE to Motion re #960 Joint MOTION to Seal (Joint Motion by Merck and Glenmark Defendants To Seal Limited Portions Of Transcript Of May 1, 2020 Hearing On End-Payor Plaintiffs' Motion To Certify Class) filed by All End Payer Plaintiffs. (Cales, James)
June 9, 2020 Filing 965 NOTICE by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #954 Memorandum in Opposition,, #829 Opposition, (DEFENDANTS' NOTICE OF SUPPLEMENTAL AUTHORITY IN OPPOSITION TO END-PAYOR PLAINTIFFS MOTION FOR CLASS CERTIFICATION) (Attachments: #1 Exhibit A)(Ottinger, Richard)
June 8, 2020 Filing 964 Sealed Attachment/Exhibit(s) re #960 Joint MOTION to Seal (Joint Motion by Merck and Glenmark Defendants To Seal Limited Portions Of Transcript Of May 1, 2020 Hearing On End-Payor Plaintiffs' Motion To Certify Class). (Attachments: #1 Exhibit 2)(Noona, Stephen)
June 8, 2020 Filing 963 Declaration re #961 Memorandum in Support, (of Eric J. Stock) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
June 8, 2020 Filing 962 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #960 Joint MOTION to Seal (Joint Motion by Merck and Glenmark Defendants To Seal Limited Portions Of Transcript Of May 1, 2020 Hearing On End-Payor Plaintiffs' Motion To Certify Class) (Noona, Stephen)
June 8, 2020 Filing 961 Memorandum in Support re #960 Joint MOTION to Seal (Joint Motion by Merck and Glenmark Defendants To Seal Limited Portions Of Transcript Of May 1, 2020 Hearing On End-Payor Plaintiffs' Motion To Certify Class) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
June 8, 2020 Filing 960 Joint MOTION to Seal (Joint Motion by Merck and Glenmark Defendants To Seal Limited Portions Of Transcript Of May 1, 2020 Hearing On End-Payor Plaintiffs' Motion To Certify Class) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2 (Public Version), #3 Exhibit 3)(Noona, Stephen)
June 8, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants) (clou, )
June 1, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #922 MOTION to Amend/Correct #839 Answer to Complaint, (clou, )
May 29, 2020 Filing 959 RESPONSE to Motion re #950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants) and Docket No. 958 filed by All End Payer Plaintiffs. (Cales, James)
May 28, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #947 MOTION to Seal Supplemental Memorandum in Support of Class Certification Motion and Motion to Amend Class Definition (clou, )
May 26, 2020 Filing 958 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants) (Notice of Filing of Amended Joint Motion to Seal) (Attachments: #1 Exhibit 1)(Noona, Stephen)
May 22, 2020 Filing 957 Sealed Attachment/Exhibit(s) re #950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants), #955 Declaration,,. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Noona, Stephen)
May 22, 2020 Filing 956 Sealed Response/Reply/Opposition re #950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants), #954 Memorandum in Opposition,,. (Noona, Stephen)
May 22, 2020 Filing 955 Declaration re #954 Memorandum in Opposition,, (of Eric J. Stock) (by Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Public Version), #2 Exhibit 2 (Public Version), #3 Exhibit 3 (Public Version), #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Noona, Stephen)
May 22, 2020 Filing 954 Memorandum in Opposition re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel (Supplemental Memorandum Of Law In Opposition To End-Payor Plaintiffs' Motion For Class Certification and Class Definition by Merck and Glenmark Defendants) (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
May 22, 2020 Filing 953 Declaration re #951 Memorandum in Support, (of Eric J. Stock) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
May 22, 2020 Filing 952 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants) (Noona, Stephen)
May 22, 2020 Filing 951 Memorandum in Support re #950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
May 22, 2020 Filing 950 Joint MOTION to Seal (Certain Documents by Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
May 19, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #940 Joint MOTION to Seal Presentation Slides on behalf of Merck and Glenmark Defendants, #937 MOTION to Seal EPP Class Hearing Slides (clou, )
May 15, 2020 Filing 949 Memorandum in Support re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel filed by All End Payer Plaintiffs. (Attachments: #1 Exhibit Sealed)(Cales, James)
May 15, 2020 Filing 948 Brief in Support to #947 MOTION to Seal Supplemental Memorandum in Support of Class Certification Motion and Motion to Amend Class Definition filed by All End Payer Plaintiffs. (Cales, James)
May 15, 2020 Filing 947 MOTION to Seal Supplemental Memorandum in Support of Class Certification Motion and Motion to Amend Class Definition by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James)
May 15, 2020 Filing 946 Notice of Filing Sealing Motion LCvR5(C) by All End Payer Plaintiffs re #945 Sealed Memorandum in Support, (Attachments: #1 Exhibit)(Cales, James)
May 15, 2020 Filing 945 Sealed Memorandum in Support re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel . (Attachments: #1 Exhibit)(Cales, James)
May 12, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #918 MOTION to Seal Certain Documents (clou, )
May 11, 2020 Filing 944 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #940 Joint MOTION to Seal Presentation Slides on behalf of Merck and Glenmark Defendants (Notice of Filing of Amended Exhibit) (Attachments: #1 Exhibit 5)(Noona, Stephen)
May 11, 2020 Filing 943 Declaration re #941 Memorandum in Support, (of Eric J. Stock) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
May 11, 2020 Filing 942 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #940 Joint MOTION to Seal Presentation Slides on behalf of Merck and Glenmark Defendants (Noona, Stephen)
May 11, 2020 Filing 941 Memorandum in Support re #940 Joint MOTION to Seal Presentation Slides on behalf of Merck and Glenmark Defendants filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
May 11, 2020 Filing 940 Joint MOTION to Seal Presentation Slides on behalf of Merck and Glenmark Defendants by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (Public Version))(Noona, Stephen)
May 11, 2020 Filing 939 NOTICE by All End Payer Plaintiffs of filing Class Certification Hearing Slides for Public View (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Cales, James)
May 11, 2020 Filing 938 Brief in Support to #937 MOTION to Seal EPP Class Hearing Slides filed by All End Payer Plaintiffs. (Cales, James)
May 11, 2020 Filing 937 MOTION to Seal EPP Class Hearing Slides by All End Payer Plaintiffs. (Attachments: #1 Proposed Order)(Cales, James)
May 11, 2020 Filing 936 NOTICE by All End Payer Plaintiffs of Motion to Seal (Attachments: #1 Exhibit)(Cales, James)
May 11, 2020 Filing 935 Sealed Attachment/Exhibit(s). (Cales, James)
May 11, 2020 Filing 934 Sealed Attachment/Exhibit(s). (Cales, James)
May 11, 2020 Filing 933 Sealed Document. (Cales, James)
May 8, 2020 Filing 932 REPLY to Response to Motion re #922 MOTION to Amend/Correct #839 Answer to Complaint, filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
May 8, 2020 Filing 931 TRANSCRIPT of proceedings (Afternoon session EPP's motion) held on 5-1-2020, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/8/2020. Redacted Transcript Deadline set for 7/8/2020. Release of Transcript Restriction set for 8/6/2020.(stewart, jody)
May 8, 2020 Filing 930 TRANSCRIPT of proceedings (Morning session DPP's motion) held on 5-1-2020, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/8/2020. Redacted Transcript Deadline set for 7/8/2020. Release of Transcript Restriction set for 8/6/2020.(stewart, jody)
May 6, 2020 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #916 MOTION to Seal Craft Errata (clou, )
May 5, 2020 Filing 929 Opposition to #922 MOTION to Amend/Correct #839 Answer to Complaint, filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
May 1, 2020 Filing 928 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller: Motion Hearing held on 5/1/2020. The matter came before the Court for a motion hearing via Zoom on End-Payor Plaintiffs' Motion for Class Certification and Appointment of Class Representatives and Class Counsel (ECF No. 729) and End-Payor Plaintiffs' Motion for Leave to Modify and Limit Their Class Definition (ECF No. 809). Stephen Noona, Samuel Liversidge, Christopher Dusseault, Ashley Johnson, Jennifer Greenblatt, Meredith Simons, Dr. James Hughes, Samuel Han and Eric Stock present for Defendants Merck & Co, Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp. and MSP Singapore Co. LLC. Adam Carroll, Barry Refsin, Eric Bloom, Anna Neill and Scott Perwin present for Retailer Purchaser Plaintiffs. William Monroe, Ellen Noteware, David Sorensen, Tom Sobol, Hannah Schwarzschild, Nicholas Urban, Brad Vettraino, Peter Kohn and Marc Greco present for Direct Purchaser Plaintiffs. James Cales, Matthew VanTine, Michelle Clerkin, Marvin Miller, Dr. Russell Lamb, Laura Craft and Michael Buchman present for End-Payor Plaintiffs. Brendan Fee, Zak Johns, Steve Reed, Brian Hirsch, Donald Dietz and Richard Ottinger present for Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc, USA. Exhibits to be filed under seal. The Court directed the parties to file a motion to seal along with redacted exhibits within 10 days from hearing date. Evidence and witnesses presented. Sworn testimony from Dr. Russell Lamb, Dr. James Hughes, Laura Craft and Donald Dietz, who were admitted as experts. Witnesses questioned by Matthew Van Tine, Eric Stock, Michael Buchman, and Brendan Fee. Comments and questions by the Court. The Court directed that the EPP parties are to file short supplemental briefs and supplemental expert reports by May 15, 2020. Merck & Glenmark are permitted to file a joint legal brief within 7 days. The Court directed that the parties file their response to the pending motion for leave to file amended answer #922 by Tuesday, May 5, 2020, and any opposition by Friday, May 8, 2020. Due to time constraints, the Court ordered that oral argument be continued in this matter until after supplemental briefs have been filed. Zoom hearing adjourned. (Court Reporter Jody Stewart.) (Original Sealed Exhibits to case manager.) (jjon)
May 1, 2020 Filing 927 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller: Motion Hearing held on 5/1/2020. The matter came before the Court for a motion hearing via Zoom on Direct Purchaser Class Plaintiffs' Motion for Class Certification (ECF No. 735) and Direct Purchaser Plaintiffs' Motion to Modify Their Class Definition (ECF No. 812). Stephen Noona, Samuel Liversidge, Christopher Dusseault, Ashley Johnson, Meredith Simons, Jennifer Greenblatt and Eric Stock present for Defendants Merck & Co, Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Schering Corp. and MSP Singapore Co. LLC. Adam Carroll, Scott Perwin, Eric Bloom, Anna Neill and Barry Refsin present for Retailer Purchaser Plaintiffs. William Monroe, Brad Vettraino, Ellen Noteware, David Sorensen, Tom Sobol, Peter Kohn, Nicholas Urban, Hannah Schwarzschild and Marc Greco present for Direct Purchaser Plaintiffs. James Cales, Michelle Clerkin, Matthew Van Tine, Michael Buchman and Marvin Miller present for End-Payor Plaintiffs. Brendan Fee, Zak Johns, Steven Reed, Brian Hirsch and Richard Ottinger present for Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc, USA. Argument by David Sorensen, Christopher Dusseault, Ashley Johnson, Steven Reed, Tom Sobol and Peter Kohn heard. Evidence presented. Exhibits to be filed under seal. The Court directed the parties to file a motion to seal along with redacted exhibits within 10 days from hearing date. Comments and questions by the Court. The Court is to issue a report and recommendation on the issue of class certification. Zoom hearing adjourned. (Court Reporter Jody Stewart.) (Original Sealed Exhibits to case manager.) (jjon)
April 30, 2020 Filing 926 Sealed Attachment/Exhibit(s) re #918 MOTION to Seal Certain Documents, #924 Declaration,. (Attachments: #1 Exhibit A, #2 Exhibit B)(Noona, Stephen)
April 30, 2020 Filing 925 Sealed Response/Reply/Opposition re #918 MOTION to Seal Certain Documents, #923 Memorandum in Support,. (Noona, Stephen)
April 30, 2020 Filing 924 Declaration re #923 Memorandum in Support, (of Julio Rodriguez) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit A (Public Version), #2 Exhibit B (Public Version))(Noona, Stephen)
April 30, 2020 Filing 923 Memorandum in Support re #922 MOTION to Amend/Correct #839 Answer to Complaint, (Public Version) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
April 30, 2020 Filing 922 MOTION to Amend/Correct #839 Answer to Complaint, by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2, #3 Exhibit 3)(Noona, Stephen)
April 30, 2020 Filing 921 Declaration re #919 Memorandum in Support (of Meredith S. Simons) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
April 30, 2020 Filing 920 Notice of Filing Sealing Motion LCvR5(C) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #918 MOTION to Seal Certain Documents (Noona, Stephen)
April 30, 2020 Filing 919 Memorandum in Support re #918 MOTION to Seal Certain Documents filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
April 30, 2020 Filing 918 MOTION to Seal Certain Documents by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
April 29, 2020 Filing 917 Brief in Support to #916 MOTION to Seal Craft Errata filed by All End Payer Plaintiffs. (Cales, James)
April 29, 2020 Filing 916 MOTION to Seal Craft Errata by All End Payer Plaintiffs. (Cales, James)
April 29, 2020 Filing 915 Notice of Filing Sealing Motion LCvR5(C) by All End Payer Plaintiffs re #913 Sealed Attachment/Exhibit(s) (Attachments: #1 Proposed Order)(Cales, James)
April 29, 2020 Filing 914 NOTICE by All End Payer Plaintiffs re #886 Rebuttal Brief, of Filing of Craft Errata Sheet (Attachments: #1 Exhibit Slipsheet for Sealed Doc)(Cales, James)
April 29, 2020 Filing 913 Sealed Attachment/Exhibit(s) re #886 Rebuttal Brief,. (Cales, James)
April 28, 2020 Filing 912 NOTICE by Glenmark Pharmaceuticals, Ltd. re #829 Opposition, Joint Notice of Filing of Redacted Dietz Declaration (Attachments: #1 Exhibit)(Ottinger, Richard)
April 27, 2020 Filing 911 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #735 MOTION to Certify Class (by Merck and Glenmark Defendants) (Attachments: #1 Exhibit 1)(Noona, Stephen)
April 22, 2020 Set/Reset Hearings:Motion Hearing re #729 Motion for Class Certification, #735 Motion for Class Certification, #809 Motion for Leave to Modify and Limit Class Definition and #812 Motion to Modify Class Definition set for 5/1/2020 at 10:00 AM in Norfolk VTC before Magistrate Judge Douglas E. Miller. (jjon)
April 17, 2020 Filing 910 RESPONSE in Support re #735 MOTION to Certify Class Response to Defendants Supplemental Brief in Opposition to Plaintiffs' Motion to Certify Class filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit A. Kinney Declaration, #2 Exhibit B. In re Dabit)(Monroe, William)
April 17, 2020 Reset Hearings: Final Pretrial Conference set for 1/19/2021 at 09:00 AM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (cdod, )
April 13, 2020 Opinion or Order Filing 909 PRETRIAL ORDER No. 9 - see order for details. Copies distributed to all counsel. Signed by District Judge Rebecca Beach Smith on 4/13/2020. (clou )
April 10, 2020 Filing 908 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #907 Transcript,,, (Parties' Proposed Schedule Per Court's April 3, 2020 Guidance and Ruling) (Attachments: #1 Exhibit 1 (Proposed Order))(Noona, Stephen)
April 8, 2020 Filing 907 TRANSCRIPT of proceedings held on 4-3-2020, before Judge Douglas E. Miller, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 5/8/2020. Redacted Transcript Deadline set for 6/8/2020. Release of Transcript Restriction set for 7/7/2020.(stewart, jody)
April 3, 2020 Opinion or Order Filing 906 ORDER granting #901 Motion for Leave to File a Supplemental Filing in Support of Their Opposition to Direct Purchaser Plaintiffs Motion for Class Certification; granting #902 Motion for Leave to Respond to Defendants Supplemental Brief. See order for details. Copies distributed to all counsel. Signed by Magistrate Judge Douglas E. Miller on 4/3/2020. (clou, )
April 3, 2020 Filing 905 Minute Entry for proceedings held before Magistrate Judge Douglas E. Miller: Telephone Conference held on 4/3/2020. The matter came before the Court for a telephone conference on End-Payor Plaintiffs' Motion for Class Certification and Appointment of Class Representatives and Class Counsel (ECF No. 729), Direct Purchaser Class Plaintiffs' Motion for Class Certification (ECF No. 735), End-Payor Plaintiffs' Motion for Leave to Modify and Limit Their Class Definition (ECF No. 809) and Direct Purchaser Plaintiffs' Motion to Modify Their Class Definition (ECF No. 812). Stephen Noona, Samuel Liversidge, Christopher Dusseault and Eric Stock present for Defendants Merck & Co, Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp.,Schering Corp. and MSP Singapore Co. LLC. Adam Carroll, Barry Refsin, Eric Bloom and Scott Perwin present for Retailer Purchaser Plaintiffs. William Monroe, Brad Vettraino, Ellen Noteware, David Sorensen, Tom Sobol and Marc Greco present for Direct Purchaser Plaintiffs. James Cales, Matthew VanTine, Michelle Clerkin, Marvin Miller and Michael Buchman present for End-Payor Plaintiffs. Brendan Fee, Zak Johns, Steve Reed, Brian Hirsch, Richard Ottinger and Jennifer Eaton present for Defendants Glenmark Pharmaceuticals, Ltd. and Glenmark Generics Inc, USA. The Court directed that the hearing on the class certification motions be held via VTC the last week of April. The parties are to confer and contact the Court with an agreed upon date. Argument by Tom Sobol, Michael Buchman, Sam Liversidge, Steve Reed, Barry Refsin, Eric Bloom and David Sorensen heard. Comments and questions by the Court. The Court made rulings on the record regarding other schedule adjustments made necessary by the COVID-19 outbreak. The parties are to submit a proposed revised scheduling order by Friday, April 10, 2020. Telephone conference adjourned. (Court Reporter Jody Stewart.) (jjon)
April 3, 2020 Filing 904 Memorandum Per Leave of Court, Defendants' Supplemental Brief In Opposition To Direct Purchaser Plaintiffs' Motion For Class Certification (by Merck and Glenmark Defendants) to #819 Opposition, #735 MOTION to Certify Class filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Noona, Stephen)
April 3, 2020 Filing 903 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #868 Pretrial Order Plaintiffs' and Defendants' Joint Submission Concerning Their Respective Scheduling Proposals. (Monroe, William)
April 2, 2020 Filing 902 MOTION For Leave to Respond to Defendants' Supplemental Brief in Support of Their Opposition to Direct Purchaser Class Plaintiffs' Class Certification Motion by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
April 1, 2020 Filing 901 MOTION for Leave to File a Supplemental Filing in Support of Their Opposition to Direct Purchaser Plaintiffs Motion for Class Certification and Memorandum In Support (ECF Nos. 819, 735) (by Merck and Glenmark Defendants) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Attachments: #1 Exhibit 1 (Proposed Order), #2 Exhibit 2 (Supplemental Brief), #3 Exhibit 3 (Exhibit A to Supplemental Brief), #4 Exhibit 4 (Exhibit B to Supplemental Brief), #5 Exhibit 5 (Exhibit C to Supplemental Brief))(Noona, Stephen)
March 20, 2020 Telephone Conference set for 4/3/2020 at 02:00 PM in Norfolk Judges Chamber w/OCR before Magistrate Judge Douglas E. Miller. (lwoo)
March 19, 2020 Filing 900 Minute Entry for Telephone Conference held 3/19/20 before Magistrate Judge Douglas Miller. The matter came before the Court for a telephone conference as to the current scheduled depositions of expert witnesses and forming a procedure for the Class Certification hearing set for April 3, 2020.Present via telephone are Adam Carroll, Scott Perwin, Anna Neill, Barry Refsin and Eric Bloom on behalf of Retailers. For Direct Purchasers, William Monroe, Thomas Sobol, Bradley Vettraino, David Sorensen and Bradley Demuth. For Defendant Merck, Stephen Noona, Samuel Liversidge, Christopher Dusseault and Eric Stock. On behalf of Defendant Glenmark, Jennifer Eaton, Richard Ottinger, Steven Reed, Brendan Fee and Zachary Johns. James Cales, Michael Buchman, Michelle Clerkin, Matthew VanTine and Marvin Miller on behalf of End Payers. The Court begins with argument from Mr. Sobol, Mr. Liversidge and Mr. Ottinger regarding the expert witness depositions. The Court notes these are challenging circumstances and Grants the request to pause the matter for 2-3 weeks. The parties are directed to meet and confer to try to resolve issues and the Court will revisit the matter at a later time. The Court then hears argument as to whether the April 3 Class Certification hearing should go forward or be removed from the calendar. Due to the current circumstances, the Court will remove the hearing for now, but believes the hearing can be done remotely although with some difficulty. The Court will reconvene in two weeks to give guidance on what experts will be needed and to reset the hearing. Telephone conference will be set for April 3 at 2:00. Court in recess. (Court Reporter Jody Stewart, OCR.)(lwoo)
March 17, 2020 Set Hearings Telephone Conference set for 3/19/2020 at 02:00 PM in Norfolk Judges Chamber before Magistrate Judge Douglas E. Miller. (cdod, )
March 16, 2020 Filing 899 TRANSCRIPT of proceedings held on 3-6-2020, before Judge Rebecca Beach Smith, Court Reporter/Transcriber Jody Stewart, Telephone number 757-222-7071. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 4/15/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 6/15/2020.(stewart, jody)
March 6, 2020 Opinion or Order Filing 898 ORDER Granting Direct Purchaser Class Plaintiffs' Motion for Final Approval of Settlement and Entry of Final Judgment and Order of Dismissal as to Par. See order for details. Copies distributed to all counsel. Signed by District Judge Rebecca Beach Smith on 3/6/2020. (clou)
March 6, 2020 Filing 897 SETTLEMENT APPROVAL HEARING (Fairness Hearing) held before District Judge Rebecca Beach Smith: Jody Stewart, OCR. William Monroe and Marc Greco (Glasser & Glasser), Bradley Vettraino and Thomas Sobol (Hagens Berman) present on behalf of DPP plaintiffs. John McNichols and Benjamin Greenblum present on behalf of defendant PAR. Matter came on for hearing on the pending Motion for Final Approval of Settlement (ECF no. 860) on 3/6/2020. Comments of court and counsel heard. Counsel reviewed the proposed Order with the court. For the reasons stated on the record, the made findings on the record that the settlement is adequate and reasonable. The settlement is between PAR and the DPP plaintiffs only. PAR shall be dismissed with prejudice and without costs and attorney fees. Court adjourned. (sche)
March 6, 2020 Set Deadlines as to #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel, #812 MOTION To Modify Direct Purchaser Plaintiffs' Class Definition re #735 MOTION to Certify Class , #809 MOTION to Amend/Correct #729 MOTION to Certify Class , Appoint Class Representatives and Class Counsel , #735 MOTION to Certify Class . Motion Hearing set for 4/3/2020 at 09:00 AM in Norfolk Courtroom 5 before Magistrate Judge Douglas E. Miller. THIS IS A CHANGE IN COURTROOM LOCATION ONLY (cdod, )
March 5, 2020 Filing 896 Letter to the Hon. Rebecca Beach Smith, Judge, from Thomas M. Sobol, Lead Counsel for the Proposed Direct Purchaser Class. (Attachments: #1 Exhibit Response)(Monroe, William)
March 5, 2020 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 16, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #503 MOTION to Withdraw as Attorney D. Sean Nation (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 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 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 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 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 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. #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 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 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 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 18, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #383 MOTION to Withdraw Appearance of Maureen S. Lawrence (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 17, 2019 MOTIONS REFERRED to Magistrate Judge: Magistrate Judge Douglas E. Miller. #322 MOTION to Amend/Correct Retailer Plaintiffs' Complaints (clou )
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 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 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 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 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 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 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 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 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 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 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 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)
April 30, 2019 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #245 MOTION to Withdraw as Attorney (clou )
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 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 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 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 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 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 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-DEM, 2:18-cv-00071-RBS-DEM(clou )
September 5, 2018 Filing 128 AMENDED COMPLAINT Direct Purchaser Plaintiffs 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 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. (Attachments: #1 Exhibit A)(Monroe, William)
September 5, 2018 Opinion or Order Filing 127 ORDER granting #126 Motion for Pro hac vice for Joshua Heath Grabar as to Philadelphia Federation of Teachers Health and Welfare Fund. Signed by Chief District Judge Rebecca Beach Smith on 09/5/18. (tlev, )
September 5, 2018 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #109 MOTION to Compel Against Merck Defendants (clou )
September 4, 2018 Filing 126 Motion to appear Pro Hac Vice by Joshua Heath Grabar and Certification of Local Counsel Susan R. Podolsky Filing fee $ 75, receipt number 0422-6256417. by Philadelphia Federation of Teachers Health and Welfare Fund. (Podolsky, Susan)
August 31, 2018 Filing 125 REPLY to Response to Motion re #109 MOTION to Compel Against Merck Defendants 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.. (Reilly, Craig)
August 30, 2018 Filing 124 Declaration re #123 Response to 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 30, 2018 Filing 123 RESPONSE to Motion re #109 MOTION to Compel Against Merck Defendants filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 30, 2018 Filing 122 TRANSCRIPT of proceedings held on 8-23-2018, 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 10/1/2018. Redacted Transcript Deadline set for 10/30/2018. Release of Transcript Restriction set for 11/28/2018.(stewart, jody)
August 29, 2018 Filing 121 NOTICE of Voluntary Dismissal Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i) by Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund on behalf of itself and all others similarly situated (Durrette, Wyatt)
August 27, 2018 Filing 120 NOTICE by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated Notice of Change of Firm Name and Address (Monroe, William)
August 23, 2018 Filing 119 Minute Entry for proceedings held 8/23/18 before Magistrate Judge Douglas E. Miller re: Motions to Dismiss, etc. in 2:18cv23 (ECF 92); 2:18cv39 (ECF 69); and 2:18cv71 (ECF 80). (See attached for names of counsel present for the hearing.) Argument by Ms. Greenblatt for Defendant and response by Mr. Sobol for Plaintiff heard. Evidence presented. Comments and questions of the Court. Court to prepare R&R. Court adjourned. (Court Reporter Jody Stewart, OCR.)(lwoo)
August 22, 2018 Opinion or Order Filing 118 ORDER granting #116 Motion for Pro hac vice for Michelle C Zolnoski as to City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated. Signed by Chief District Judge Rebecca Beach Smith on 8/22/18. (tlev, )
August 22, 2018 Opinion or Order Filing 117 ORDER granting #115 Motion for Pro hac vice for Erin C Durba as to City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated. Signed by Chief District Judge Rebecca Beach Smith on 8/22/18. (tlev, )
August 21, 2018 Filing 116 Motion to appear Pro Hac Vice by Michelle C. Zolnoski 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 21, 2018 Filing 115 Motion to appear Pro Hac Vice by Erin C. Durba 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 21, 2018 Opinion or Order Filing 114 Order - Re: Kristen A. Johnson, Thomas M. Sobol, Bradley J. Vettraino, Counsel for FWK Holdings, LLC and William H. Monroe, Jr., Counsel for FWK Holdings, LLC, Cesar Castillo, Inc. and Rochester Drug Cooperative, Inc. permission to bring a laptop computer and related power cords and connectors into the courtroom for use during the hearing scheduled in this matter on Thursday, August 23, 2018. (See order for details). Signed by Magistrate Judge Douglas E. Miller on 8/21/2018. Copies distributed to all counsel. 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 )
August 21, 2018 Notice of Correction re #112 Motion to appear Pro Hac Vice by Michele C. Zolnoski and #113 Motion to appear Pro Hac Vice by Erin C. Durba and Certification of Local Counsel James A. Cales III: 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, 2018 Filing 113 Motion to appear Pro Hac Vice by Erin C. Durba and Certification of Local Counsel James A. Cales III Filing fee $ 75, receipt number 0422-6236612. on behalf of End Payor Plaintiffs by City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated. (Cales, James)
August 20, 2018 Filing 112 Motion to appear Pro Hac Vice by Michele C. Zolnoski and Certification of Local Counsel James A. Cales III Filing fee $ 75, receipt number 0422-6236590. on behalf of End-Payor Plaintiffs by City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated. (Cales, James)
August 16, 2018 Filing 110 Memorandum in Support re #109 MOTION to Compel Against Merck Defendants 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.. (Reilly, Craig)
August 16, 2018 Filing 109 MOTION to Compel Against Merck Defendants 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)
August 15, 2018 Opinion or Order Filing 108 ORDER granting #99 Motion for Pro hac vice for Bradley Joseph Vettraino as to FWK Holdings, LLC. Signed by Chief District Judge Rebecca Beach Smith on 08/15/18. (tlev, )
August 15, 2018 Filing 107 TRANSCRIPT of proceedings held on 8-9-2018, before Chief 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 9/14/2018. Redacted Transcript Deadline set for 10/15/2018. Release of Transcript Restriction set for 11/13/2018.(stewart, jody)
August 15, 2018 Filing 106 Pretrial Order No. 4 - The court hereby ORDERS that the DPP file a consolidated complaint no later than September 13, 2018; the EPP file a consolidated amended complaint no later than September 13, 2018; and the Retailer Plaintiffs file an amended complaint, if desired, no later than September 13, 2018. (See order for specific details). Copies distributed to all counsel of record in all member cases as directed. Signed by Chief District Judge Rebecca Beach Smith on 8/15/18. 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 )
August 15, 2018 Filing 105 Pretrial Order No. 3 - GRANTING the following motions: Merck Defendants (ECF No. 42); Glenmark Defendants (ECF No. 40); Walgreens Plaintiffs (ECF No. 22); DPPs (ECF No. 16); the City of Providence, Rhode Island and Painters District Council No. 30 Health & Welfare Funds (ECF Nos. 50); the Uniformed Firefighters Association of Greater New York Security Benefit Fund and the Retired Firefighters Security Benefit Fund of the Uniformed Firefighters Association (ECF No. 51). DENYING the following motions: "Majority EPPs" (ECF No. 58); Self Insured Schools of California (ECF No. 52); UFCW Local 1500 Welfare Fund (ECF No. 41). (See order for specific details). Copies distributed to all counsel of record in all member cases as directed. Signed by Chief District Judge Rebecca Beach Smith on 8/14/18. (Attachments: #1 Exhibit 1)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)
August 14, 2018 Opinion or Order Filing 104 ORDER granting #94 Motion for Pro hac vice for Maureen Smith Lawrence as to Rite Aid Corporation and Rite Aid Hdqtrs. Corp. Signed by Chief District Judge Rebecca Beach Smith on 08/14/18. (tlev, )
August 14, 2018 Opinion or Order Filing 103 ORDER granting #93 Motion for Pro hac vice for Monica Louise Kiley as to Rite Aid Corporation and Rite Aid Hdqtrs. Corp. Signed by Chief District Judge Rebecca Beach Smith on 08/14/18. (tlev, )
August 14, 2018 Opinion or Order Filing 102 ORDER granting #92 Motion for Pro hac vice for Eric Lawrence Bloom as to Rite Aid Corporation and Rite Aid Hdqtrs. Corp. Signed by Chief District Judge Rebecca Beach Smith on 08/14/18. (tlev, )
August 14, 2018 Opinion or Order Filing 101 ORDER granting #91 Motion for Pro hac vice for Barry Lee Refsin as to Rite Aid Corporation and Rite Aid Hdqtrs. Corp. Signed by Chief District Judge Rebecca Beach Smith on 08/14/18. (tlev, )
August 14, 2018 Opinion or Order Filing 100 ORDER granting #90 Motion for Pro hac vice for Alexander John Egervary as to Rite Aid Corporation and Rite Aid Hdqtrs. Corp. Signed by Chief District Judge Rebecca Beach Smith on 08/14/18. (tlev, )
August 14, 2018 Filing 99 Motion to appear Pro Hac Vice by Bradley Joseph Vettraino and Certification of Local Counsel William H. Monroe, Jr. Filing fee $ 75, receipt number 0422-6227086. by FWK Holdings, LLC. (Monroe, William)
August 14, 2018 Opinion or Order Filing 98 Order Denying Leave to File Sur-Reply - Document Number 120 in Case Number 2:18cv23; Document Number 96 in Case Number 2;18cv39; and Document Number 107 in Case Number 2:18cv71. (See order for details). Copies distributed to all counsel. 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 )
August 13, 2018 Filing 97 NOTICE by Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated re #86 MDL Order,,,,,, Notice of Filing of Unsealed/Unredacted Version of Opposition Brief (Attachments: #1 Exhibit 1. Unredacted Plaintiff Rochester Drug Co-Operative, Inc.'s Opposition to the Merck Defendants' Motion to Dismiss or Stay All Proceedings)(Monroe, William)
August 13, 2018 Filing 96 NOTICE by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated re #86 MDL Order,,,,,, Notice of Filing of Unsealed/Unredacted Version of Opposition Brief (Attachments: #1 Exhibit 1. Unredacted Plaintiff Cesar Castillo, Inc.'s Opposition to the Merck Defendants' Motion to Dismiss or Stay All Proceedings)(Monroe, William)
August 13, 2018 Filing 95 NOTICE by FWK Holdings, LLC re #86 MDL Order,,,,,, Notice of Filing of Unsealed/Unredacted Version of Opposition Brief (Attachments: #1 Exhibit 1. Unredacted Plaintiff FWK Holdings, Inc.'s Opposition to the Merck Defendants' Motion to Dismiss or Stay All Proceedings)(Monroe, William)
August 13, 2018 Filing 94 Motion to appear Pro Hac Vice by Maureen S. Lawrence and Certification of Local Counsel Craig C. Reilly by Rite Aid Corporation, Rite Aid Hdqtrs. Corp.. (Reilly, Craig)
August 13, 2018 Filing 93 Motion to appear Pro Hac Vice by Monica L. Kiley and Certification of Local Counsel Craig C. Reilly by Rite Aid Corporation, Rite Aid Hdqtrs. Corp.. (Reilly, Craig)
August 13, 2018 Filing 92 Motion to appear Pro Hac Vice by Eric L. Bloom and Certification of Local Counsel Craig C. Reilly by Rite Aid Corporation, Rite Aid Hdqtrs. Corp.. (Reilly, Craig)
August 13, 2018 Filing 91 Motion to appear Pro Hac Vice by Barry L. Refsin and Certification of Local Counsel Craig C. Reilly by Rite Aid Corporation, Rite Aid Hdqtrs. Corp.. (Reilly, Craig)
August 13, 2018 Filing 90 Motion to appear Pro Hac Vice by Alexander J. Egervary and Certification of Local Counsel Craig C. Reilly by Rite Aid Corporation, Rite Aid Hdqtrs. Corp.. (Reilly, Craig)
August 13, 2018 Filing 89 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #86 MDL Order,,,,,, (Notice of Filing of Unsealed Versions of Memoranda (previously filed at Member Case ECF Nos. 81, 83, 105 and 106)) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Noona, Stephen)
August 13, 2018 Filing 88 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #86 MDL Order,,,,,, (Notice of Filing of Unsealed Versions of Memoranda (previously filed at Member Case ECF Nos. 70, 72, 94 and 95)) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Noona, Stephen)
August 13, 2018 Filing 87 NOTICE by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp. re #86 MDL Order,,,,,, (Notice of Filing of Unsealed Versions of Memoranda (previously filed at Member Case ECF Nos. 93, 95, 118 and 119)) (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Noona, Stephen)
August 10, 2018 Opinion or Order Filing 86 Order - This matter is before the Court upon various Motions to Seal filed by Defendants Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering-Plough Corp., Sobering Corp., and MSP Singapore Co. LLC (collectively, the "Merck Defendants"), and opposing parties in the related Member Cases referenced above. Having considered the written submissions of the parties, and having determined that this action involves allegations requiring the disclosure of confidential and proprietary information, this court concludes that the MAD Agreement Exhibits contain extensive proprietary information unnecessary to the relief sought by the motion and may remain sealed. But the Memoranda redactions prevent any public disclosure of the core arbitration language which the parties dispute. The redactions do not significantly add to the protection of confidential material sought by the parties, yet they significantly impact the public's ability to understand the matters before the court. Accordingly, based on the following findings of fact and conclusions of law, the court will GRANT IN PART and DENY IN PART the Motions to Seal. The Clerk is DIRECTED to MAINTAIN UNDER SEAL the previously filed unredacted Memoranda contesting the Motion to Dismiss or Stay, and the MAD Agreement Exhibits until further order of this Court. However, the parties shall refile the briefing related to the Motion to Dismiss or Stay in unredacted form, including the quoted language of the Arbitration Clause contested by the parties. (See order for details). Signed by Magistrate Judge Douglas E. Miller and filed on 8/10/18.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(tbro)
August 10, 2018 Filing 85 Referral Order - That United States Magistrate Judge Douglas E. Miller, is designated to conduct necessary hearings, including the evidentiary hearing scheduled for August 23, 2018, at 2:00 p.m., and to submit to the undersigned district judge proposed findings of fact, if applicable, and recommendations for the disposition of the Motions. (See order for details). Copies distributed as directed. 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 )
August 10, 2018 Set Hearings: Motion Hearing set for 8/23/2018 at 02:00 PM in Norfolk Mag Courtroom 1 before Magistrate Judge Douglas E. Miller. Motion to Dismiss or Stay, etc. : 2:18cv23 ECF #92; 2:18cv39 ECF #69; 2:18cv71 #80 (cdod, )
August 9, 2018 Filing 84 INITIAL STATUS CONFERENCE held on 8/9/2018 before Chief District Judge Rebecca Beach Smith and United States Magistrate Judge Douglas E. Miller: Jody Stewart, OCR. Introduction to the court of counsel and parties (See minutes for names of counsel present for the hearing). Comments of EPP counsel heard re appointment of lead counsel. Comments of court and counsel heard re each item noted on the agenda (Attachment B in Pretrial Order No. 1). Hearing scheduled before Magistrate Judge Miller on August 23, 2018, at 2:00 p.m., on the Motion to Dismiss or Stay, etc. in the following cases: 2:18cv23, ECF No. 92; 2:18cv39, ECF No. 69; 2:18cv71, ECF No. 80. Counsel for Merck Defendants shall file a partially unredacted version of their Memorandum in Support re Motion to Dismiss or Stay, etc. no later than August 13, 2018. Court to prepare Order. Court adjourned.(sche)
August 9, 2018 Motion Hearing set for 8/23/2018 at 02:00 PM in Norfolk before Magistrate Judge Douglas E. Miller re Motion to Dismiss or Stay, etc. in the following cases: 2:18cv23, ECF No. 92; 2:18cv39, ECF No. 69; 2:18cv71, ECF No. 80. (sche)
August 7, 2018 Filing 83 Reply to #48 Letter, (Defendants' Reply to Plaintiffs' Response to Tentative Initial Status Conference Agenda and Pre-Conference Rule 26(f) Report and Plaintiffs' Proposed Pretrial Schedule) filed by 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.. (Attachments: #1 Exhibit 1)(Noona, Stephen)
August 7, 2018 Opinion or Order Filing 82 ORDER granting #79 Motion for Pro hac vice for Steven Noel Williams as to Self Insured Schools of California on behalf of itself and all others similarly situated. Signed by Chief District Judge Rebecca Beach Smith on 8/7/18. (tlev, )
August 6, 2018 Opinion or Order Filing 81 ORDER granting #77 Motion for Pro hac vice for Joseph R Saveri as to Self Insured Schools of California on behalf of itself and all others similarly situated. Signed by Chief District Judge Rebecca Beach Smith on 08/6/18. (tlev, )
August 6, 2018 Opinion or Order Filing 80 ORDER granting #78 Motion for Pro hac vice for Kyla Gibboney as to Self Insured Schools of California on behalf of itself and all others similarly situated. Signed by Chief District Judge Rebecca Beach Smith on 8/6/18. (tlev, )
August 6, 2018 Filing 79 Motion to appear Pro Hac Vice by Steven Noel Williams and Certification of Local Counsel Conrad M. Shumadine Filing fee $ 75, receipt number 0422-6213028. by Self Insured Schools of California on behalf of itself and all others similarly situated. (Shumadine, Conrad)
August 3, 2018 Filing 78 Motion to appear Pro Hac Vice by Kyla Gibboney and Certification of Local Counsel Conrad M. Shumadine Filing fee $ 75, receipt number 0422-6211791. by Self Insured Schools of California on behalf of itself and all others similarly situated. (Shumadine, Conrad)
August 3, 2018 Filing 77 Motion to appear Pro Hac Vice by Joseph Richard Saveri and Certification of Local Counsel Conrad M. Shumadine Filing fee $ 75, receipt number 0422-6211784. by Self Insured Schools of California on behalf of itself and all others similarly situated. (Shumadine, Conrad)
August 1, 2018 Filing 76 NOTICE of Appearance by Alan Brody Rashkind on behalf of City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated (Rashkind, Alan)
August 1, 2018 Filing 75 NOTICE of Appearance by Alan Brody Rashkind on behalf of The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, The Uniformed Firefighters' Association of Greater New York Security Benefit Fund (Rashkind, Alan)
August 1, 2018 Filing 74 Response to #20 MDL Order,,, Majority End-Payer Plaintiffs' List of Affiliated Companies and Counsel Associated with the Litigation filed by Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund on behalf of itself and all others similarly situated, International Union of Operating Engineers Local 49 Health and Welfare Fund on behalf of itself and all others similarly situated, Law Enforcement Health Benefits Inc., Philadelphia Federation of Teachers Health and Welfare Fund, ST. PAUL ELECTRICAL WORKERS' HEALTH PLAN, individually and on behalf of all those similarly situated, Sergeants Benevolent Association Health & Welfare Fund, on behalf of itself and all others similarly situated, Wisconsin Masons' Health Care Fund, on behalf of itself and all others similarly situated. (Durrette, Wyatt)
August 1, 2018 Filing 73 Corporate Disclosure Statement by UFCW Local 1500 Welfare Fund, on behalf of itself and all others similarly situated. (Podolsky, Susan)
August 1, 2018 Filing 72 Response to #20 MDL Order,,, Financial Interest Disclosure Statement filed by Turlock Irrigation District, individually and on behalf of all those similarly situated. (Bond, Ashley)
August 1, 2018 Filing 71 Response to #20 MDL Order,,, Financial Interest Disclosure and Listing of Counsel filed by City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated. (Cales, James)
August 1, 2018 Filing 70 Response to #20 MDL Order,,, Financial Interest Disclosure and Listing of Counsel filed by Painters District Council No. 30 Health and Welfare Fund, on behalf of itself and all others similarly situated. (Cales, James)
August 1, 2018 Filing 69 Response to #20 MDL Order,,, submitting Financial Interest Disclosure and Listing of Counsel filed by The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, The Uniformed Firefighters' Association of Greater New York Security Benefit Fund. (Cales, James)
August 1, 2018 Opinion or Order Filing 68 ORDER granting #60 Motion for Pro hac vice for Marc Howard Edelson as to Philadelphia Federation of Teachers Health and Welfare Fund. Signed by Chief District Judge Rebecca Beach Smith on 08/1/18. (tlev, )
August 1, 2018 Filing 67 Response to #41 MOTION to Appoint Counsel Plaintiff UFCW Local 1500 Welfare Fund's Motion to Appoint Gregory S. Asciolla of Labaton Sucharow LLP As Interim Class Counsel of the End-Payor Class, #51 Response,, #58 MOTION to Appoint Counsel Majority End-Payer Plaintiffs' Motion for Appointment of Interim End-Payer Class Counsel Under Rule 23(g) and Pretrial Order No. 1, #52 MOTION to Appoint Counsel Motion for Appointment of Joseph R. Saveri and the Joseph R. Saveri Law Firm, Inc. as Interim Class Counsel and Conrad M. Shumadine and Willcox & Savage, P.C. as Liaison Counsel for the End-Payor Class, #50 Response,, (Response to End-Payer Class Plaintiffs' Recommendations Regarding Appointment of Interim Class Counsel) filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 1, 2018 Filing 66 Financial Interest Disclosure Statement (Local Rule 7.1) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
August 1, 2018 Filing 65 Response to #20 MDL Order,,, re Compliance With Local Rule 7.1 and Identification of Counsel filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
August 1, 2018 Filing 64 Financial Interest Disclosure Statement (Local Rule 7.1) by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Fee, James)
August 1, 2018 Filing 63 Financial Interest Disclosure Statement (Local Rule 7.1) by Self Insured Schools of California on behalf of itself and all others similarly situated. (Shumadine, Conrad)
August 1, 2018 Filing 62 Financial Interest Disclosure Statement (Local Rule 7.1) by FWK Holdings, LLC. (Monroe, William)
July 31, 2018 Filing 61 Response to #20 MDL Order,,, /List of Affiliated Companies and Counsel Associated with the Litigation filed by Par Pharmaceutical, Inc.. (Attachments: #1 Attachment A)(Mims, Kathryn)
July 30, 2018 Filing 60 Motion to appear Pro Hac Vice by Marc Howard Edelson and Certification of Local Counsel Susan R. Podolsky Filing fee $ 75, receipt number 0422-6203704. by Philadelphia Federation of Teachers Health and Welfare Fund. (Podolsky, Susan)
July 27, 2018 Filing 59 Memorandum in Support re #58 MOTION to Appoint Counsel Majority End-Payer Plaintiffs' Motion for Appointment of Interim End-Payer Class Counsel Under Rule 23(g) and Pretrial Order No. 1 filed by Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund on behalf of itself and all others similarly situated, International Union of Operating Engineers Local 49 Health and Welfare Fund on behalf of itself and all others similarly situated, Law Enforcement Health Benefits Inc., ST. PAUL ELECTRICAL WORKERS' HEALTH PLAN, individually and on behalf of all those similarly situated, Sergeants Benevolent Association Health & Welfare Fund, on behalf of itself and all others similarly situated, 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, Wisconsin Masons' Health Care Fund, on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Proposed Order)(Durrette, Wyatt)
July 27, 2018 Filing 58 MOTION to Appoint Counsel Majority End-Payer Plaintiffs' Motion for Appointment of Interim End-Payer Class Counsel Under Rule 23(g) and Pretrial Order No. 1 by Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund on behalf of itself and all others similarly situated, International Union of Operating Engineers Local 49 Health and Welfare Fund on behalf of itself and all others similarly situated, Law Enforcement Health Benefits Inc., Philadelphia Federation of Teachers Health and Welfare Fund, ST. PAUL ELECTRICAL WORKERS' HEALTH PLAN, individually and on behalf of all those similarly situated, Sergeants Benevolent Association Health & 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. (Durrette, Wyatt)
July 27, 2018 Opinion or Order Filing 57 ORDER granting #47 Motion for Pro hac vice Appointed Lee Albert for The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, and for The Uniformed Firefighters' Association of Greater New York Security Benefit Fund. Signed by Chief District Judge Rebecca Beach Smith on 7/27/2018. (clou )
July 27, 2018 Opinion or Order Filing 56 ORDER granting #46 Motion for Pro hac vice Appointed Gregory Linkh for The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, and for The Uniformed Firefighters' Association of Greater New York Security Benefit Fund. Signed by Chief District Judge Rebecca Beach Smith on 7/27/2018. (clou )
July 27, 2018 Opinion or Order Filing 55 ORDER granting #45 Motion for Pro hac vice Appointed Brian Murray for The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, and The Uniformed Firefighters' Association of Greater New York Security Benefit Fund. Signed by Chief District Judge Rebecca Beach Smith on 7/27/2018. (clou)
July 27, 2018 Filing 54 Memorandum in Support re #52 MOTION to Appoint Counsel Motion for Appointment of Joseph R. Saveri and the Joseph R. Saveri Law Firm, Inc. as Interim Class Counsel and Conrad M. Shumadine and Willcox & Savage, P.C. as Liaison Counsel for the End-Payor Class filed by Self Insured Schools of California on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Shumadine, Conrad)
July 27, 2018 Opinion or Order Filing 53 ORDER granting #49 Motion for Pro hac vice Appointed Michael M. Buchman for City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated. Signed by Chief District Judge Rebecca Beach Smith on 7/27/2018. (clou)
July 27, 2018 Filing 52 MOTION to Appoint Counsel Motion for Appointment of Joseph R. Saveri and the Joseph R. Saveri Law Firm, Inc. as Interim Class Counsel and Conrad M. Shumadine and Willcox & Savage, P.C. as Liaison Counsel for the End-Payor Class by Self Insured Schools of California on behalf of itself and all others similarly situated. (Shumadine, Conrad)
July 27, 2018 Filing 51 Response to #20 MDL Order,,, #50 Response,, MEMORANDUM OF LAW OF PLAINTIFFS THE UNIFORMED FIREFIGHTERS ASSOCIATION OF GREATER NEW YORK SECURITY BENEFIT FUND AND THE RETIRED FIREFIGHTERS SECURITY BENEFIT FUND OF THE UNIFORMED FIREFIGHTERS ASSOCIATION IN SUPPORT OF APPOINTMENT OF MOTLEY RICE LLC AND MILLER LAW LLC AS INTERIM CO-LEAD COUNSEL filed by The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, The Uniformed Firefighters' Association of Greater New York Security Benefit Fund. (Cales, James)
July 27, 2018 Filing 50 Response to #20 MDL Order,,, THE CITY OF PROVIDENCE, RHODE ISLAND AND PAINTERS DISTRICT COUNCIL NO. 30 HEALTH & WELFARE FUNDS MEMORANDUM OF LAW IN SUPPORT OF APPOINTMENT OF INTERIM CO-LEAD COUNSEL filed by City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated, Painters District Council No. 30 Health and Welfare Fund, on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit A-1, #2 Exhibit A-2, #3 Exhibit B, #4 Exhibit C-1, #5 Exhibit C-2, #6 Exhibit D)(Cales, James)
July 27, 2018 Filing 49 Motion to appear Pro Hac Vice by Michael M. Buchman and Certification of Local Counsel James A. Cales III Filing fee $ 75, receipt number 0422-6201009. by City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated. (Cales, James)
July 27, 2018 Filing 48 Letter to Clerk re #20 with Attachments. (Attachments: #1 Exhibit Plaintiffs' Response to Tentative Initial Status Conference Agenda and Pre-Conference Rule 26(f) Report, #2 Exhibit Plaintiffs' [Proposed] Joint Pretrial Schedule)(Monroe, William) Modified text on 7/27/2018 (clou).
July 27, 2018 Filing 47 Motion to appear Pro Hac Vice by Lee Albert and Certification of Local Counsel James A. Cales III Filing fee $ 75, receipt number 0422-6198697 by The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, The Uniformed Firefighters' Association of Greater New York Security Benefit Fund. (Cales, James) Modified text on 7/27/2018 (clou ).
July 27, 2018 Filing 46 Motion to appear Pro Hac Vice by Gregory Linkh and Certification of Local Counsel James A. Cales III Filing fee $ 75, receipt number 0422-6198710 by The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, The Uniformed Firefighters' Association of Greater New York Security Benefit Fund. (Cales, James) Modified text on 7/27/2018 (clou ).
July 27, 2018 Filing 45 Motion to appear Pro Hac Vice by Brian Murray and Certification of Local Counsel James A. Cales III Filing fee $ 75, receipt number 0422-6198711 by The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association, The Uniformed Firefighters' Association of Greater New York Security Benefit Fund. (Cales, James) Modified text on 7/27/2018 (clou ).
July 27, 2018 Filing 44 NOTICE of Appearance by Conrad Moss Shumadine on behalf of Self Insured Schools of California on behalf of itself and all others similarly situated (Shumadine, Conrad)
July 27, 2018 Filing 43 Memorandum in Support re #41 MOTION to Appoint Counsel Plaintiff UFCW Local 1500 Welfare Fund's Motion to Appoint Gregory S. Asciolla of Labaton Sucharow LLP As Interim Class Counsel of the End-Payor Class filed by UFCW Local 1500 Welfare Fund, on behalf of itself and all others similarly situated. (Attachments: #1 Affidavit Declaration of Gregory S. Asciolla in support of Plaintiff Local 1500 Welfare Fund's Motion to Appoint Gregory S. Asciolla of Labaton Sucharow LLP as Interim Class Counsel of the End-Payor Class with Exhibit 1)(Podolsky, Susan)
July 27, 2018 Filing 42 Response to #20 MDL Order,,, (re: Appointment of Lead Counsel) 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, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Noona, Stephen)
July 27, 2018 Filing 41 MOTION to Appoint Counsel Plaintiff UFCW Local 1500 Welfare Fund's Motion to Appoint Gregory S. Asciolla of Labaton Sucharow LLP As Interim Class Counsel of the End-Payor Class by UFCW Local 1500 Welfare Fund, on behalf of itself and all others similarly situated. (Podolsky, Susan)
July 27, 2018 Filing 40 NOTICE by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd. re #20 MDL Order,,, Glenmark Defendants' Nomination of Lead Counsel and Designation of Local Counsel (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Fee, James)
July 26, 2018 Opinion or Order Filing 39 ORDER granting #37 Motion for Pro hac vice for Robin Ann van der Meulen as to UFCW Local 1500 Welfare Fund, on behalf of itself and all others similarly situated. Signed by Chief District Judge Rebecca Beach Smith on 07/26/18. (tlev, )
July 26, 2018 Opinion or Order Filing 38 ORDER granting #36 Motion for Pro hac vice for Gregory Scott Asciolla as to UFCW Local 1500 Welfare Fund, on behalf of itself and all others similarly situated. Signed by Chief District Judge Rebecca Beach Smith on 7/26/18. (tlev, )
July 25, 2018 Filing 37 Motion to appear Pro Hac Vice by Robin van der Meulen and Certification of Local Counsel Susan R. Podolsky Filing fee $ 75, receipt number 0422-6197340. by UFCW Local 1500 Welfare Fund, on behalf of itself and all others similarly situated. (Podolsky, Susan)
July 25, 2018 Filing 36 Motion to appear Pro Hac Vice by Gregory Scott Asciolla and Certification of Local Counsel Susan R. Podolsky Filing fee $ 75, receipt number 0422-6197339. by UFCW Local 1500 Welfare Fund, on behalf of itself and all others similarly situated. (Podolsky, Susan)
July 25, 2018 Filing 35 NOTICE of Appearance by Susan Rebbeca Podolsky on behalf of UFCW Local 1500 Welfare Fund, on behalf of itself and all others similarly situated (Podolsky, Susan)
July 20, 2018 Opinion or Order Filing 34 ORDER granting #33 Motion for Pro hac vice for Zachary Mills Johns as to Glenmark Generics Inc., USA and Glenmark Pharmaceuticals, Ltd. Signed by Chief District Judge Rebecca Beach Smith on 7/20/18. (tlev, )
July 19, 2018 Filing 33 Motion to appear Pro Hac Vice by Zachary Mills Johns and Certification of Local Counsel Teri Josie Diaz Filing fee $ 75, receipt number 0422-6185656. by Glenmark Generics Inc., USA, Glenmark Pharmaceuticals, Ltd.. (Diaz, Teri)
July 17, 2018 Filing 32 REPLY to Response to Motion re #16 MOTION to Consolidate Cases for Direct Purchaser Class Plaintiffs and Coordination and Appointment of Class Counsel filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Monroe, William)
July 16, 2018 Filing 31 Agreed Order granting #30 Consent MOTION for Extension of Time to File Answer, Respond, or Otherwise Plead to the Walgreen Complaint (Member Case ECF No. 1), and Memorandum in Support) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00266-RBS-DEM(clou )
July 16, 2018 Filing 30 Consent MOTION for Extension of Time to File Answer , Respond, or Otherwise Plead to the Walgreen Complaint (Member Case ECF No. 1), 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 16, 2018 Opinion or Order Filing 29 ORDER granting #26 Motion for Pro hac vice for Eric Jonathan Stock 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 07/16/18. (tlev, )
July 16, 2018 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #30 Consent MOTION for Extension of Time to File Answer , Respond, or Otherwise Plead to the Walgreen Complaint (Member Case ECF No. 1), and Memorandum in Support) (clou )
July 13, 2018 Opinion or Order Filing 28 ORDER granting #25 Motion for Pro hac vice for Renae Diane Steiner as to ST. PAUL ELECTRICAL WORKERS' HEALTH PLAN, individually and on behalf of all those similarly situated. Signed by Chief District Judge Rebecca Beach Smith on 7/13/18. (tlev, )
July 13, 2018 Opinion or Order Filing 27 ORDER granting #24 Motion for Pro hac vice for Jessica Noel Servais as to ST. PAUL ELECTRICAL WORKERS' HEALTH PLAN, individually and on behalf of all those similarly situated. Signed by Chief District Judge Rebecca Beach Smith on 07/13/18. (tlev, )
July 13, 2018 Filing 26 Motion to appear Pro Hac Vice by Eric Jonathan Stock and Certification of Local Counsel Stephen Edward Noona Filing fee $ 75, receipt number 0422-6176304. by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 12, 2018 Filing 25 Motion to appear Pro Hac Vice by Renae Diane Steiner and Certification of Local Counsel Wyatt B. Durrette, Jr. Filing fee $ 75, receipt number 0422-6175243. by ST. PAUL ELECTRICAL WORKERS' HEALTH PLAN, individually and on behalf of all those similarly situated. (Durrette, Wyatt)
July 12, 2018 Filing 24 Motion to appear Pro Hac Vice by Jessica Noel Servais and Certification of Local Counsel Wyatt B. Durrette, Jr. Filing fee $ 75, receipt number 0422-6175204. by ST. PAUL ELECTRICAL WORKERS' HEALTH PLAN, individually and on behalf of all those similarly situated. (Durrette, Wyatt)
July 11, 2018 Filing 23 RESPONSE to Motion re #16 MOTION to Consolidate Cases for Direct Purchaser Class Plaintiffs and Coordination and Appointment of Class Counsel filed by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
July 11, 2018 Filing 22 Response to #20 MDL Order,,, filed by Albertsons Companies, Inc., HEB Grocery Company L.P., The Kroger Co., Walgreen Co.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Reilly, Craig)
July 11, 2018 Opinion or Order Filing 21 PRETRIAL ORDER NO. 2 - Granting IN PART ECF No. 18 End Payer Plaintiffs' MOTION Establish A Briefing Schedule for the Appointment of Interim Class Counsel. (See order for specific details). Copies distributed as directed. Signed by Magistrate Judge Douglas E. Miller on 7/11/18. This Order relates to All End Payer Cases. 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-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)
July 3, 2018 Filing 20 PRETRIAL ORDER NO. 1, setting initial status conference on August 9, 2018 at 2:00 p.m. in Courtroom One in Norfolk federal courthouse. See Order for additional deadlines, filing procedures and related instructions. This Order applies to All Cases.Signed by Chief District Judge Rebecca Beach Smith on 7/3/18. (Attachments: #1 Attacment A, #2 Attachment B, #3 Attachment C, #4 Attachment D)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-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(afar)
July 3, 2018 Filing 19 Brief in Support to #18 MOTION Establish A Briefing Schedule for the Appointment of Interim Class Counsel filed by Painters District Council No. 30 Health and Welfare Fund, on behalf of itself and all others similarly situated. (Cales, James)
July 3, 2018 Filing 18 MOTION Establish A Briefing Schedule for the Appointment of Interim Class Counsel by Painters District Council No. 30 Health and Welfare Fund, on behalf of itself and all others similarly situated. (Attachments: #1 Proposed Order)(Cales, James)
July 3, 2018 Initial Status Conference set for 8/9/2018 at 02:00 PM in Norfolk Courtroom 1 before Chief District Judge Rebecca Beach Smith and Magistrate Judge Douglas E. Miller. (afar) Modified text on 7/3/2018 (afar).
July 2, 2018 Filing 17 Memorandum in Support re #16 MOTION to Consolidate Cases for Direct Purchaser Class Plaintiffs and Coordination and Appointment of Class Counsel filed by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated. (Attachments: #1 Exhibit A., #2 Exhibit B., #3 Exhibit C., #4 Exhibit D., #5 Exhibit E., #6 Exhibit F., #7 Exhibit G., #8 Exhibit H., #9 Exhibit I., #10 Exhibit J., #11 Exhibit K.)(Monroe, William)
July 2, 2018 Filing 16 MOTION to Consolidate Cases for Direct Purchaser Class Plaintiffs and Coordination and Appointment of Class Counsel by CESAR CASTILLO, INC., individually 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 2, 2018 Filing 15 Withdrawal of Motion by CESAR CASTILLO, INC., individually and on behalf of all those similarly situated, FWK Holdings, LLC, Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund on behalf of itself and all others similarly situated, Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated, Sergeants Benevolent Association Health & Welfare Fund, on behalf of itself and all others similarly situated for Consolidation, Coordination, and Appointment of Class Counsel (Monroe, William)
July 2, 2018 Filing 14 Consolidation Order - Civil No. 2:18cv352 consolidated for purposes of pretrial proceedings only, under the MDL action number 2:18md2836. Copies distributed to counsel for all parties. Signed by Chief District Judge Rebecca Beach Smith on 7/2/18. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00352-RBS-DEM. (afar)
June 29, 2018 Opinion or Order Filing 13 Agreed Order granting #11 Consent MOTION for Extension of Time to File Answer to Complaint and Memorandum in Support by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. Signed by Magistrate Judge Douglas E. Miller 6/29/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00213-RBS-DEM (clou)
June 28, 2018 Filing 12 Financial Interest Disclosure Statement (Local Rule 7.1) by MSP Singapore Co. LLC, Merck & Co., Inc., Merck Sharp & Dohme Corp., Schering Corp., Schering-Plough Corp.. (Noona, Stephen)
June 28, 2018 Filing 11 Consent MOTION for Extension of Time to File Answer to 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)
June 28, 2018 MOTIONS REFERRED to Magistrate Judge: Douglas E. Miller. #11 Consent MOTION for Extension of Time to File Answer to Complaint and Memorandum in Support. Associated Cases: 2:18-md-02836, 2:18-cv-00213 (clou)
June 21, 2018 Opinion or Order Filing 10 Agreed Order granting #9 Consent MOTION for Extension of Time to File Answer re #7 MDL 2836 Order, (and Memorandum in Support). (See order for details). Copies distributed to counsel for all parties. Signed by Magistrate Judge Douglas E. Miller 6/21/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00232-RBS-DEM(clou)
June 21, 2018 Filing 9 Consent MOTION for Extension of Time to File Answer re #7 MDL Order, (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)
June 20, 2018 Opinion or Order Filing 8 Consolidation Order - Civil No. 2:18cv266 consolidated for purposes of pretrial proceedings only, under the MDL action number 2:18md2836. Copies distributed to counsel for all parties. Signed by Chief Judge Rebecca Beach Smith 6/20/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00266-RBS-DEM(clou)
June 20, 2018 Opinion or Order Filing 7 Consolidation Order - Civil No. 2:18cv232 consolidated for purposes of pretrial proceedings only, under the MDL action number 2:18md2836. Copies distributed to counsel for all parties. Signed by Chief Judge Rebecca Beach Smith 6/20/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00232-RBS-DEM (clou)
June 20, 2018 Opinion or Order Filing 6 Consolidation Order - Civil No. 2:18cv213 consolidated for purposes of pretrial proceedings only, under the MDL action number 2:18md2836. Copies distributed to counsel for all parties. Signed by Chief Judge Rebecca Beach Smith 6/20/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00213-RBS-DEM (clou)
June 20, 2018 Opinion or Order Filing 5 Consolidation Order - Civil No. 2:18cv130 consolidated for purposes of pretrial proceedings only, under the MDL action number 2:18md2836. Copies distributed to counsel for all parties. Signed by Chief Judge Rebecca Beach Smith 6/20/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00130-RBS-DEM (clou )
June 20, 2018 Opinion or Order Filing 4 Consolidation Order - Civil No. 2:18cv116 consolidated for purposes of pretrial proceedings only, under the MDL action number 2:18md2836. Copies distributed to counsel for all parties. Signed by Chief Judge Rebecca Beach Smith 6/20/2018. Associated Cases: 2:18-md-02836-RBS-DEM, 2:18-cv-00116-RBS-DEM. (clou) Modified text on 6/20/2018 (clou).
June 20, 2018 Opinion or Order Filing 3 Order - UFCW Local 1500 Welfare Fund's and Philadelphia Federation of Teachers Health and Welfare Fund's Motion to Intervene and to Stay Plaintiffs' Motion for Appointment of Interim Class Counsel filed in member cases: 2:18cv23, 2:18cv35, 2:18cv39, 2:18cv71, 2:18cv108 on March 1, 2018 is hereby DENIED AS MOOT. (See order for details). Copies distributed to counsel for all parties. Signed by Chief Judge Rebecca Beach Smith 6/20/2018. 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(clou)
June 18, 2018 Filing 2 Certified Copy of Conditional Transfer Order (CTO -1) Entered by The United States Judicial Panel on Multidistrict Litigation. MDL No. 2836. The action (s) on the attached schedule are transferred under 28 U.S.C. 1407 to the Eastern District of Virginia for the reasons stated in the order of June 8, 2018, and, with the consent of that court, assigned to the Honorable Rebecca Beach Smith. (clou)
June 15, 2018 Filing 1 Certified Copy of Transfer Order entered by The United States Judicial Panel on Multidistrict Litigation MDL No. 2836. The actions listed on Schedule A and pending outside the Eastern District of Virginia are transferred to the Eastern District of Virginia, and, with the consent of that court, assigned to the Honorable Rebecca Beach Smith for coordinated or consolidated pretrial proceedings. (clou)

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Search for this case: In Re: Zetia (Ezetimibe) Antitrust Litigation
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Defendant: Merck Sharp & Dohme Corp.
Represented By: Jennifer Laura Greenblatt
Represented By: Stephen Edward Noona
Represented By: Christopher Dean Dusseault
Represented By: Veronica Smith Lewis
Represented By: Samuel Grant Liversidge
Represented By: Tarek Ismail
Represented By: Eric Jonathan Stock
Represented By: Michael Minshen Lee
Represented By: Deborah Lynn Stein
Represented By: Jennifer Kirsten Bracht
Represented By: Marissa Blair Moshell
Represented By: Caeli Anne Higney
Represented By: Ashley Elizabeth Johnson
Represented By: Timothy Patrick Best
Represented By: Micaylee Alexa Noreen
Represented By: Sarah Margaret Kushner
Represented By: Courtney Lee Spears
Represented By: Jillian London
Represented By: Meredith Sheree Simons
Represented By: Clark James Belote
Represented By: Stephen Christopher Whittaker
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Defendant: Glenmark Pharmaceuticals, Ltd.
Represented By: Richard Brendan Fee
Represented By: Jessica Johnston Taticchi
Represented By: Steven Andrew Reed
Represented By: Stacey Anne Mahoney
Represented By: Teri Josie Diaz
Represented By: James Kevin Fee
Represented By: Richard Hooper Ottinger
Represented By: Zachary Mills Johns
Represented By: Melina Rose DiMattio
Represented By: Jennifer Lynn Eaton
Represented By: Dustin Mitchell Paul
Represented By: Francis A. DeSimone
Represented By: Samantha Maxfield Lerner
Represented By: Jason Z Pesick
Represented By: Mark J. Fanelli
Represented By: Devora Whitman Allon
Represented By: Jay Phillip Lefkowitz
Represented By: Kevin Michael Neylan, Jr
Represented By: Patrick James Gallagher
Represented By: Ahson T. Azmat
Represented By: Nolan M. Leuthauser
Represented By: James R. P. Hileman
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Defendant: MSP Singapore Co. LLC
Represented By: Jennifer Laura Greenblatt
Represented By: Stephen Edward Noona
Represented By: Christopher Dean Dusseault
Represented By: Veronica Smith Lewis
Represented By: Samuel Grant Liversidge
Represented By: Tarek Ismail
Represented By: Eric Jonathan Stock
Represented By: Michael Minshen Lee
Represented By: Deborah Lynn Stein
Represented By: Jennifer Kirsten Bracht
Represented By: Marissa Blair Moshell
Represented By: Caeli Anne Higney
Represented By: Ashley Elizabeth Johnson
Represented By: Timothy Patrick Best
Represented By: Micaylee Alexa Noreen
Represented By: Sarah Margaret Kushner
Represented By: Courtney Lee Spears
Represented By: Jillian London
Represented By: Meredith Sheree Simons
Represented By: Clark James Belote
Represented By: Stephen Christopher Whittaker
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Defendant: Merck & Co., Inc.
Represented By: Jennifer Laura Greenblatt
Represented By: Stephen Edward Noona
Represented By: Christopher Dean Dusseault
Represented By: Veronica Smith Lewis
Represented By: Samuel Grant Liversidge
Represented By: Tarek Ismail
Represented By: Eric Jonathan Stock
Represented By: Michael Minshen Lee
Represented By: Deborah Lynn Stein
Represented By: Jennifer Kirsten Bracht
Represented By: Marissa Blair Moshell
Represented By: Caeli Anne Higney
Represented By: Ashley Elizabeth Johnson
Represented By: Timothy Patrick Best
Represented By: Micaylee Alexa Noreen
Represented By: Sarah Margaret Kushner
Represented By: Courtney Lee Spears
Represented By: Jillian London
Represented By: Meredith Sheree Simons
Represented By: Clark James Belote
Represented By: Stephen Christopher Whittaker
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Defendant: Schering-Plough Corp.
Represented By: Jennifer Laura Greenblatt
Represented By: Stephen Edward Noona
Represented By: Christopher Dean Dusseault
Represented By: Veronica Smith Lewis
Represented By: Samuel Grant Liversidge
Represented By: Tarek Ismail
Represented By: Eric Jonathan Stock
Represented By: Michael Minshen Lee
Represented By: Deborah Lynn Stein
Represented By: Jennifer Kirsten Bracht
Represented By: Marissa Blair Moshell
Represented By: Caeli Anne Higney
Represented By: Ashley Elizabeth Johnson
Represented By: Timothy Patrick Best
Represented By: Micaylee Alexa Noreen
Represented By: Sarah Margaret Kushner
Represented By: Courtney Lee Spears
Represented By: Jillian London
Represented By: Meredith Sheree Simons
Represented By: Clark James Belote
Represented By: Stephen Christopher Whittaker
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Defendant: Glenmark Generics Inc., USA
Represented By: Richard Brendan Fee
Represented By: Jessica Johnston Taticchi
Represented By: Steven Andrew Reed
Represented By: Stacey Anne Mahoney
Represented By: Teri Josie Diaz
Represented By: James Kevin Fee
Represented By: Richard Hooper Ottinger
Represented By: Zachary Mills Johns
Represented By: Melina Rose DiMattio
Represented By: Jennifer Lynn Eaton
Represented By: Dustin Mitchell Paul
Represented By: Francis A. DeSimone
Represented By: Samantha Maxfield Lerner
Represented By: Jason Z Pesick
Represented By: Mark J. Fanelli
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Defendant: Schering Corp.
Represented By: Jennifer Laura Greenblatt
Represented By: Stephen Edward Noona
Represented By: Christopher Dean Dusseault
Represented By: Veronica Smith Lewis
Represented By: Samuel Grant Liversidge
Represented By: Tarek Ismail
Represented By: Eric Jonathan Stock
Represented By: Michael Minshen Lee
Represented By: Deborah Lynn Stein
Represented By: Jennifer Kirsten Bracht
Represented By: Marissa Blair Moshell
Represented By: Caeli Anne Higney
Represented By: Ashley Elizabeth Johnson
Represented By: Timothy Patrick Best
Represented By: Micaylee Alexa Noreen
Represented By: Sarah Margaret Kushner
Represented By: Courtney Lee Spears
Represented By: Jillian London
Represented By: Meredith Sheree Simons
Represented By: Clark James Belote
Represented By: Stephen Christopher Whittaker
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Defendant: Par Pharmaceutical, Inc.
Represented By: Amanda Lee Czocher
Represented By: Eric Grannon
Represented By: Kathryn Jordan Mims
Represented By: John Marcus McNichols
Represented By: Benjamin Mordecai Greenblum
Represented By: David Alan Forkner
Represented By: David Alan Forkner, I
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Defendant: Merck & Company Inc.
Represented By: Christopher Dean Dusseault
Represented By: Eric Jonathan Stock
Represented By: Samuel Grant Liversidge
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Defendant: Glenmark Pharmaceuticals Inc., USA
Represented By: Geoffrey T. Holtz
Represented By: Steven A. Reed
Represented By: Teri Josie Diaz
Represented By: Richard Hooper Ottinger
Represented By: Devora Whitman Allon
Represented By: Jay Phillip Lefkowitz
Represented By: Kevin Michael Neylan, Jr
Represented By: Edward James Powers
Represented By: Patrick James Gallagher
Represented By: Jennifer Lynn Eaton
Represented By: Ahson T. Azmat
Represented By: Nolan M. Leuthauser
Represented By: James R. P. Hileman
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Defendant: Shering-Plough Corporation
Represented By: Christopher Dean Dusseault
Represented By: Eric Jonathan Stock
Represented By: Samuel Grant Liversidge
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Defendant: Schering Corporation
Represented By: Christopher Dean Dusseault
Represented By: Eric Jonathan Stock
Represented By: Samuel Grant Liversidge
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Defendant: MSP Singapore Company LLC
Represented By: Christopher Dean Dusseault
Represented By: Eric Jonathan Stock
Represented By: Samuel Grant Liversidge
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Defendant: Glenmark Pharmaceuticals Ltd.
Represented By: Geoffrey T. Holtz
Represented By: Steven A. Reed
Represented By: Teri Josie Diaz
Represented By: Richard Hooper Ottinger
Represented By: Devora Whitman Allon
Represented By: Jay Phillip Lefkowitz
Represented By: Kevin Michael Neylan, Jr
Represented By: Edward James Powers
Represented By: Patrick James Gallagher
Represented By: Jennifer Lynn Eaton
Represented By: Ahson T. Azmat
Represented By: Nolan M. Leuthauser
Represented By: James R. P. Hileman
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Defendant: Merck Sharp & Dohme Corporation
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Defendant: Schering-Plough Corporation
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Plaintiff: FWK Holdings, LLC
Represented By: Steve Shadowen
Represented By: Kristen Anne Johnson
Represented By: Matthew Charles Weiner
Represented By: Joseph Michael Vanek
Represented By: William Hanes Monroe, Jr.
Represented By: Kip Andrew Harbison
Represented By: Donald Sean Nation
Represented By: Joseph Howard Meltzer
Represented By: Hannah Schwarzschild
Represented By: Jeffrey Robert Moran
Represented By: John Paul Bjork
Represented By: David Paul Germaine
Represented By: Terence Scott Ziegler
Represented By: Marc Christian Greco
Represented By: Thomas Matthew Sobol
Represented By: Michael Andrew Glasser
Represented By: Richard Steven Glasser
Represented By: Sharon Robertson
Represented By: Alberto Rodriguez
Represented By: Bradley Joseph Vettraino
Represented By: Ethan Janus Barlieb
Represented By: Debra Josephson
Represented By: Stephanie Smith
Represented By: William R. Olson
Represented By: Sarah Elizabeth DeLoach
Represented By: Karen Sharp Halbert
Represented By: Daniel Evan Rubenstein
Represented By: John Radice
Represented By: Erin Cathleen Burns
Represented By: William Rolf Olson
Represented By: William H. Monroe, Jr
Represented By: Rachel Downey
Represented By: April Dawn Lambert
Represented By: Joseph M. Vanek
Represented By: David P. Germaine
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Plaintiff: HEB Grocery Company L.P.
Represented By: Anna Theresa Neill
Represented By: Richard Alan Arnold
Represented By: Craig Crandall Reilly
Represented By: Joshua Barton Gray
Represented By: Adam Michael Carroll
Represented By: Scott Eliot Perwin
Represented By: Lauren Carol Ravkind
Represented By: John Frederick Sawyer
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Plaintiff: All End Payer Plaintiffs
Represented By: James Arthur Cales, III
Represented By: Richard Alan Saunders
Represented By: Alan Brody Rashkind
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Plaintiff: Painters District Council No. 30 Health and Welfare Fund, on behalf of itself and all others similarly situated
Represented By: Lori Ann Fanning
Represented By: James Arthur Cales, III
Represented By: Marvin Alan Miller
Represented By: Alan Brody Rashkind
Represented By: Matthew Eric Van Tine
Represented By: Kathleen Ellen Boychuck
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Plaintiff: CESAR CASTILLO, INC., individually and on behalf of all those similarly situated
Represented By: William Hanes Monroe, Jr.
Represented By: Marc Christian Greco
Represented By: Michael Andrew Glasser
Represented By: Richard Steven Glasser
Represented By: Jayne Arnold Goldstein
Represented By: Linda Phyllis Nussbaum
Represented By: Kip Andrew Harbison
Represented By: William H. Monroe, Jr
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Plaintiff: City of Providence, Rhode Island on its own behalf and on behalf of all others similarly situated
Represented By: Michelle C Clerkin
Represented By: Alan Brody Rashkind
Represented By: Michael M. Buchman
Represented By: Erin C Durba
Represented By: James Arthur Cales, III
Represented By: Jacob Olawale Onile-Ere
Represented By: Lance Victor Oliver
Represented By: John Maxwell Shaw
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Plaintiff: The Retired Firefighters' Security Benefit Fund of the Uniformed Firefighters' Association
Represented By: James Arthur Cales, III
Represented By: Gregory Linkh
Represented By: Lee Albert
Represented By: Brian Murray
Represented By: Alan Brody Rashkind
Represented By: Brian Phillip Murray
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Plaintiff: Walgreen Co.
Represented By: Anna Theresa Neill
Represented By: Richard Alan Arnold
Represented By: Craig Crandall Reilly
Represented By: Joshua Barton Gray
Represented By: Adam Michael Carroll
Represented By: Scott Eliot Perwin
Represented By: Lauren Carol Ravkind
Represented By: John Frederick Sawyer
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Plaintiff: Law Enforcement Health Benefits Inc.
Represented By: Wyatt B. Durrette, Jr.
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Plaintiff: Sergeants Benevolent Association Health & Welfare Fund, on behalf of itself and all others similarly situated
Represented By: Christina Hildegard Connolly Sharp
Represented By: Adam Eric Polk
Represented By: Christine A. Williams
Represented By: Wyatt B. Durrette, Jr.
Represented By: Kevin Jermone Funk
Represented By: James Arthur Cales, III
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Plaintiff: UFCW Local 1500 Welfare Fund, on behalf of itself and all others similarly situated
Represented By: Robin Ann van der Meulen
Represented By: Gregory Scott Asciolla
Represented By: Susan Rebbeca Podolsky
Represented By: James Arthur Cales, III
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Plaintiff: Turlock Irrigation District, individually and on behalf of all those similarly situated
Represented By: Ashley Marie Bond
Represented By: Jason Scott Hartley
Represented By: Jon Robert Stickman
Represented By: Kenneth Matthew Holmboe
Represented By: Wyatt B. Durrette, Jr.
Represented By: John Peter Coyle
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Plaintiff: Wisconsin Masons' Health Care Fund, on behalf of itself and all others similarly situated
Represented By: Michelle J Looby
Represented By: Christopher Van Le
Represented By: Kara A Elgersma
Represented By: Wyatt B. Durrette, Jr.
Represented By: Justin Boley
Represented By: Kenneth Alan Wexler
Represented By: Kara A. Elgersma
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Plaintiff: Albertsons Companies, Inc.
Represented By: Anna Theresa Neill
Represented By: Richard Alan Arnold
Represented By: Craig Crandall Reilly
Represented By: Joshua Barton Gray
Represented By: Adam Michael Carroll
Represented By: Scott Eliot Perwin
Represented By: Lauren Carol Ravkind
Represented By: John Frederick Sawyer
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Plaintiff: Rochester Drug Cooperative, Inc., on behalf of itself and all others similarly situated
Represented By: Marc Christian Greco
Represented By: Michael Andrew Glasser
Represented By: Richard Steven Glasser
Represented By: Barry Steven Taus
Represented By: David Francis Sorensen
Represented By: Bradley Joseph Demuth
Represented By: William Hanes Monroe, Jr.
Represented By: Joseph Thomas Lukens
Represented By: Zachary David Caplan
Represented By: Kip Andrew Harbison
Represented By: Kevin Landau
Represented By: Peter Russell Kohn
Represented By: Nicholas Urban
Represented By: Karissa Joelle Sauder
Represented By: Ellen Toporoff Noteware
Represented By: Archana Tamoshunas
Represented By: William H. Monroe, Jr
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Plaintiff: International Union of Operating Engineers Local 49 Health and Welfare Fund on behalf of itself and all others similarly situated
Represented By: Karen Hanson Riebel
Represented By: Christine A. Williams
Represented By: Wyatt B. Durrette, Jr.
Represented By: Devona Lynn Wells
Represented By: Kevin Jermone Funk
Represented By: James Arthur Cales, III
Represented By: Anna Marie Horning Nygren
Represented By: Heidi Marie Silton
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Plaintiff: The Uniformed Firefighters' Association of Greater New York Security Benefit Fund
Represented By: James Arthur Cales, III
Represented By: Gregory Linkh
Represented By: Lee Albert
Represented By: Brian Murray
Represented By: Alan Brody Rashkind
Represented By: Brian Brooks
Represented By: Brian Phillip Murray
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Plaintiff: Philadelphia Federation of Teachers Health and Welfare Fund
Represented By: Susan Rebbeca Podolsky
Represented By: Joshua Heath Grabar
Represented By: Wyatt B. Durrette, Jr.
Represented By: Marc Howard Edelson
Represented By: James Arthur Cales, III
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Plaintiff: Fraternal Order of Police, Miami Lodge 20, Insurance Trust Fund on behalf of itself and all others similarly situated
Represented By: Natalie Finkelman Bennett
Represented By: Jayne Arnold Goldstein
Represented By: Christine A. Williams
Represented By: Wyatt B. Durrette, Jr.
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Plaintiff: The Kroger Co.
Represented By: Anna Theresa Neill
Represented By: Richard Alan Arnold
Represented By: Craig Crandall Reilly
Represented By: Joshua Barton Gray
Represented By: Adam Michael Carroll
Represented By: Scott Eliot Perwin
Represented By: Lauren Carol Ravkind
Represented By: John Frederick Sawyer
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Plaintiff: Rite Aid Corporation
Represented By: Eric Lawrence Bloom
Represented By: Maureen Smith Lawrence
Represented By: Craig Crandall Reilly
Represented By: Alexander John Egervary
Represented By: Monica Louise Kiley
Represented By: Adam Michael Carroll
Represented By: Barry Lee Refsin
Represented By: John Frederick Sawyer
Represented By: Cailtin Violet Dobbs McHugh
Represented By: Zachary Matthew Winkler
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Plaintiff: Rite Aid Hdqtrs. Corp.
Represented By: Eric Lawrence Bloom
Represented By: Maureen Smith Lawrence
Represented By: Craig Crandall Reilly
Represented By: Alexander John Egervary
Represented By: Monica Louise Kiley
Represented By: Adam Michael Carroll
Represented By: Barry Lee Refsin
Represented By: John Frederick Sawyer
Represented By: Cailtin Violet Dobbs McHugh
Represented By: Zachary Matthew Winkler
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Plaintiff: CVS Pharmacy, Inc.
Represented By: Craig Crandall Reilly
Represented By: Adam Michael Carroll
Represented By: John Frederick Sawyer
Represented By: Cailtin Violet Dobbs McHugh
Represented By: Zachary Matthew Winkler
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Plaintiff: Self Insured Schools of California on behalf of itself and all others similarly situated
Represented By: Conrad Moss Shumadine
Represented By: Steven Noel Williams
Represented By: James Arthur Cales, III
Represented By: Joseph R Saveri
Represented By: Kyla Gibboney
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Plaintiff: ST. PAUL ELECTRICAL WORKERS' HEALTH PLAN, individually and on behalf of all those similarly situated
Represented By: Renae Diane Steiner
Represented By: Christine A. Williams
Represented By: Wyatt B. Durrette, Jr.
Represented By: Kevin Jermone Funk
Represented By: Jessica Noel Servais
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Plaintiff: United Healthcare Services, Inc.
Represented By: Eric Buetzow
Represented By: Edward Takashima
Represented By: Katherine Marie Cheng
Represented By: Abby Dennis
Represented By: Judith A. Zahid
Represented By: Hamish Hume
Represented By: James Robertson Martin
Represented By: Jennifer Duncan Hackett
Represented By: Anne Nardacci
Represented By: Amy Lynn Neuhardt
Represented By: Michael Scott Mitchell
Represented By: William Bornstein
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Plaintiff: Kaiser Foundation Health Plan, Inc.
Represented By: Daniel Allen Sasse
Represented By: Diane A. Shrewsbury
Represented By: Kent A. Gardiner
Represented By: Mark M. Supko
Represented By: Bethany Jean Fogerty
Represented By: Brett Alexander Spain
Represented By: Tiffanie L. McDowell
Represented By: Vincent Galluzzo
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Plaintiff: Humana Inc
Represented By: Preetha Chakrabarti
Represented By: Bethany Jean Fogerty
Represented By: Brett Alexander Spain
Represented By: Daniel Allen Sasse
Represented By: Diane A. Shrewsbury
Represented By: Mark M. Supko
Represented By: Tiffanie L. McDowell
Represented By: Vincent Galluzzo
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Plaintiff: CENTENE CORPORATION
Represented By: Preetha Chakrabarti
Represented By: Bethany Jean Fogerty
Represented By: Brett Alexander Spain
Represented By: Mark M. Supko
Represented By: Daniel Allen Sasse
Represented By: Diane A. Shrewsbury
Represented By: Tiffanie L. McDowell
Represented By: Vincent Galluzzo
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Plaintiff: WELLCARE HEALTH PLANS. INC.
Represented By: Preetha Chakrabarti
Represented By: Bethany Jean Fogerty
Represented By: Brett Alexander Spain
Represented By: Mark M. Supko
Represented By: Daniel Allen Sasse
Represented By: Diane A. Shrewsbury
Represented By: Tiffanie L. McDowell
Represented By: Vincent Galluzzo
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Plaintiff: NEW YORK QUALITY HEALTHCARE CORPORATION doing business as FIDELIS CARE
Represented By: Preetha Chakrabarti
Represented By: Bethany Jean Fogerty
Represented By: Brett Alexander Spain
Represented By: Mark M. Supko
Represented By: Daniel Allen Sasse
Represented By: Diane A. Shrewsbury
Represented By: Tiffanie L. McDowell
Represented By: Vincent Galluzzo
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Plaintiff: HEALTH NET, LLC
Represented By: Preetha Chakrabarti
Represented By: Bethany Jean Fogerty
Represented By: Brett Alexander Spain
Represented By: Mark M. Supko
Represented By: Daniel Allen Sasse
Represented By: Diane A. Shrewsbury
Represented By: Tiffanie L. McDowell
Represented By: Vincent Galluzzo
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In re: In Re: Zetia (Ezetimibe) Antitrust Litigation
Represented By: Adam Michael Carroll
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Interested party: Zydus Pharmaceuticals (USA) Inc.
Represented By: Donald Charles Schultz
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Interested party: Apotex USA, Inc. and Apotex Corp.
Represented By: David Neil Ventker
Represented By: Brian Sodikoff
Represented By: Guylaine Hache
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Interested party: WILSON SONSINI GOODRICH & ROSATI, P.C.
Represented By: Adam William Burrowbridge
Represented By: Justin Murry Epner
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Interested party: Paul Campanelli
Represented By: Charles Kalman Seyfarth
Represented By: Elizabeth Scott Turner
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Intervenor plaintiff: KPH Healthcare Services, Inc.
Represented By: William H. Monroe, Jr
Represented By: Kip Andrew Harbison
Represented By: Marc Christian Greco
Represented By: Michael Andrew Glasser
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Intervenor plaintiff: McKesson Corporation
Represented By: William H. Monroe, Jr
Represented By: Kip Andrew Harbison
Represented By: Marc Christian Greco
Represented By: Michael Andrew Glasser
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Intervenor plaintiff: Cardinal Health, Inc.
Represented By: William H. Monroe, Jr
Represented By: Kip Andrew Harbison
Represented By: Marc Christian Greco
Represented By: Michael Andrew Glasser
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Intervenor plaintiff: Cardinal Health P.R. 120, Inc.
Represented By: William H. Monroe, Jr
Represented By: Kip Andrew Harbison
Represented By: Michael Andrew Glasser
Represented By: Marc Christian Greco
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Intervenor plaintiff: Meijer Distribution, Inc.
Represented By: William H. Monroe, Jr
Represented By: Marc Christian Greco
Represented By: Kip Andrew Harbison
Represented By: Michael Andrew Glasser
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Intervenor plaintiff: Supervalu, Inc.
Represented By: William H. Monroe, Jr
Represented By: Kip Andrew Harbison
Represented By: Marc Christian Greco
Represented By: Michael Andrew Glasser
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Intervenor plaintiff: Wegmans Food Markets, Inc.
Represented By: William H. Monroe, Jr
Represented By: Marc Christian Greco
Represented By: Michael Andrew Glasser
Represented By: Kip Andrew Harbison
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Intervenor plaintiff: Kinney Drugs, Inc.
Represented By: William H. Monroe, Jr
Represented By: Kip Andrew Harbison
Represented By: Michael Andrew Glasser
Represented By: Marc Christian Greco
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Petitioner: AmerisourceBergen Corporation
Represented By: William H. Monroe, Jr
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Petitioner: AmerisourceBergen Drug Corporation
Represented By: William H. Monroe, Jr
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Petitioner: H.D. Smith, LLC
Represented By: William H. Monroe, Jr
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Petitioner: Smith Medical Partners, LLC
Represented By: William H. Monroe, Jr
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Petitioner: Valley Wholesale Drug Company, LLC
Represented By: William H. Monroe, Jr
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Petitioner: The Harvard Drug Group, L.L.C.
Represented By: William H. Monroe, Jr
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Petitioner: Meijer, Inc.
Represented By: William H. Monroe, Jr
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Petitioner: MLI RX, LLC
Represented By: William H. Monroe, Jr
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Consolidated plaintiff: Giant Eagle, Inc.
Represented By: Bernard Marcus
Represented By: Brian C. Hill
Represented By: Erin Gibson Allen
Represented By: John Frederick Sawyer
Represented By: Moira Cain-Mannix
Represented By: Brian Hill
Represented By: William H. Monroe, Jr
Represented By: Lauren Alexis Melfa Catanzarite
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Consolidated plaintiff: Burlington Drug Company, Inc.
Represented By: Bruce E Gerstein
Represented By: David Barry Rochelson
Represented By: John Frederick Sawyer
Represented By: Kimberly M. Hennings
Represented By: William H. Monroe, Jr
Represented By: Susan Segura
Represented By: Susan C Segura
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Consolidated plaintiff: Dakota Drug, Inc.
Represented By: Bruce E Gerstein
Represented By: David Barry Rochelson
Represented By: John Frederick Sawyer
Represented By: Kimberly M. Hennings
Represented By: William H. Monroe, Jr
Represented By: Susan Segura
Represented By: Susan C Segura
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Consolidated plaintiff: J M Smith Corporation
Represented By: Bruce E Gerstein
Represented By: David Barry Rochelson
Represented By: John Frederick Sawyer
Represented By: Kimberly M. Hennings
Represented By: William H. Monroe, Jr
Represented By: Susan Segura
Represented By: Susan C Segura
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Consolidated plaintiff: Louisiana Wholesale Drug Co., Inc.
Represented By: Bruce E Gerstein
Represented By: David Barry Rochelson
Represented By: John Frederick Sawyer
Represented By: Kimberly M. Hennings
Represented By: William H. Monroe, Jr
Represented By: Susan Segura
Represented By: Susan C Segura
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Consolidated plaintiff: North Carolina Mutual Wholesale Drug Company
Represented By: Bruce E Gerstein
Represented By: David Barry Rochelson
Represented By: John Frederick Sawyer
Represented By: Kimberly M. Hennings
Represented By: William H. Monroe, Jr
Represented By: Susan Segura
Represented By: Susan C Segura
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Consolidated plaintiff: Prescription Supply, Inc.
Represented By: Bruce E Gerstein
Represented By: David Barry Rochelson
Represented By: John Frederick Sawyer
Represented By: Kimberly M. Hennings
Represented By: William H. Monroe, Jr
Represented By: Susan Segura
Represented By: Susan C Segura
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Consolidated plaintiff: Value Drug Company
Represented By: Bruce E Gerstein
Represented By: David Barry Rochelson
Represented By: John Frederick Sawyer
Represented By: Kimberly M. Hennings
Represented By: William H. Monroe, Jr
Represented By: Susan Segura
Represented By: Susan C Segura
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