Burlington Drug Company, Inc. et al v. Merck & Company, Inc. et al
| Burlington Drug Company, Inc., Dakota Drug, Inc., J M Smith Corporation doing business as Smith Drug Company, Louisana Wholesale Drug Co., Inc., North Carolina Mutual Wholesale Drug Company, Prescription Supply, Inc., Value Drug Company and Louisiana Wholesale Drug Co., Inc. |
| Merck & Company, Inc., Merck Sharp & Dohme Corporation, Schering-Plough Corporation, Schering Corporation, MSP Singapore Company LLC, Glenmark Pharmaceuticals Limited, Glenmark Pharmaceuticals Inc. USA and Par Pharmaceutical, Inc. |
| 2:2022cv00269 |
| June 30, 2022 |
| US District Court for the Eastern District of Virginia |
| Arenda L Wright Allen |
| Lawrence R Leonard |
| Douglas E Miller |
| Rebecca Beach Smith |
| Anti-Trust |
| 15 U.S.C. § 1 Antitrust Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 25, 2022. A more recent docket listing may be available from PACER.
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Filing 21
ORDER ADDRESSING CONSOLIDATION AND COORDINATION. It is ORDERED that the #17 Motion to Consolidate Cases is GRANTED, and the action is consolidated for all purposes, with the MDL case, and reassigned 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, )
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| Cases associated. (tamarm, ) |
| Case reassigned to District Judge Rebecca Beach Smith and Magistrate Judge Douglas E. Miller. District Judge Arenda L. Wright Allen, Magistrate Judge Lawrence R. Leonard no longer assigned to the case. (tamarm, ) |
| Case has been consolidated with 2:18md2836. All filings should be made in 2:18md2836. (tamarm, ) |
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Filing 20
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, )
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Filing 19
ORDER: Glenmark's 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' 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, )
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| Filing 18 Memorandum in Support re #17 MOTION to Consolidate Cases filed 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. (Attachments: #1 Proposed Order for Consolidation)(Sawyer, John) |
| Filing 17 MOTION to Consolidate Cases 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) |
| Filing 16 Financial Interest Disclosure Statement (Local Rule 7.1) by Louisiana Wholesale Drug Co., Inc.. (Sawyer, John) |
| Filing 15 Financial Interest Disclosure Statement (Local Rule 7.1) by Value Drug Company. (Sawyer, John) |
| Filing 14 Financial Interest Disclosure Statement (Local Rule 7.1) by J M Smith Corporation. (Sawyer, John) (Main Document 14 replaced on 7/14/2022) (mrees, ). |
| Filing 13 Financial Interest Disclosure Statement (Local Rule 7.1) by Prescription Supply, Inc.. (Sawyer, John) |
| Filing 12 Financial Interest Disclosure Statement (Local Rule 7.1) by North Carolina Mutual Wholesale Drug Company. (Sawyer, John) |
| Filing 11 Financial Interest Disclosure Statement (Local Rule 7.1) by Dakota Drug, Inc.. (Sawyer, John) |
| Filing 10 Financial Interest Disclosure Statement (Local Rule 7.1) by Burlington Drug Company, Inc.. (Sawyer, John) |
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Filing 9
ORDER granting #8 Motion to Appear Pro Hac Vice by David Barry Rochelson as certified by local counsel John F. Sawyer for Plaintiffs 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 Arenda L. Wright Allen on 07/12/2022. (Allen, Arenda)
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| Filing 8 Motion to appear Pro Hac Vice by David Barry Rochelson and Certification of Local Counsel John F. Sawyer Filing fee $ 75, receipt number AVAEDC-8466478. 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) |
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Filing 7
ORDER: If Plaintiff's desire their cases to be consolidated as part of the MDL, they are DIRECTED to file a motion for consolidation in their original case requesting reassignment to United States District Judge Rebecca Beach Smith, the MDL transferee judge. As a result of pending deadlines in the MDL, Plaintiffs should file this motion no later than Wednesday, July 13, 2022. In accordance the Panel's Rule 7.2(a), as well as other applicable rules, Judge Smith, in consultation with the previously assigned district judges, Judge Arenda Wright Allen and Judge Roderick C. Young, will then determine whether to consolidate the cases with the pending MDL. Signed by Magistrate Judge Douglas E. Miller on 7/8/22. (mrees, )
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Filing 6
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, )
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Filing 5
ORDER granting #3 Motion to Appear Pro Hac Vice by Kimberly Hennings as certified by local counsel John F. Sawyer for Plaintiffs 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 Arenda L. Wright Allen on 07/01/2022. (Allen, Arenda)
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Filing 4
ORDER granting #2 Motion to Appear Pro Hac Vice by Bruce Gerstein as certified by local counsel John F. Sawyer for Plaintiffs 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 Arenda L. Wright Allen on 07/01/2022. (Allen, Arenda)
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| Filing 3 Motion to appear Pro Hac Vice by Kimberly Hennings and Certification of Local Counsel John F. Sawyer Filing fee $ 75, receipt number AVAEDC-8454709. 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) |
| Filing 2 Motion to appear Pro Hac Vice by Bruce Gerstein and Certification of Local Counsel John F. Sawyer Filing fee $ 75, receipt number AVAEDC-8454641. 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) |
| Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-8454023.), filed by North Carolina Mutual Wholesale Drug Company, J M Smith Corporation, Prescription Supply, Inc., Dakota Drug, Inc., Value Drug Company, Burlington Drug Company, Inc., Louisiana Wholesale Drug Co., Inc.. (Attachments: #1 Civil Cover Sheet)(Sawyer, John) |
| Initial Case Assignment to District Judge Arenda L. Wright Allen and Magistrate Judge Lawrence R. Leonard. (epri, ) |
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