AMENDED REVISED ORDER AND STIPULATED INJUNCTION regarding the procedures to be followed that shall govern the handling of this Amended Order and Stipulated Injunction, and as further set forth. Relates to 01-11401, 01md1410, 01md1413. (Signed by Judge Jed S. Rakoff on 12/30/08) (rjm) (Entered: 03/26/2009)
STIPULATION AND ORDER. Plaintiff States and Defendant Bristol-Myers Squibb Company ("BMS") hereby stipulate and agree, subject to and in accordance with the Letter Agreement attached as Exhibit A, that BMS will not oppose Plaintiff States' Application to Amend the Order and Stipulated Injunction in the above- referenced matter (attached as Exhibit B) and consents to the entry of the Amended Order and Stipulated Injunction. BMS neither admits nor denies the content of the Application. Relates to 01-11401, 01md1410, 01md1413. (Signed by Judge Jed S. Rakoff on 12/30/08) (rjm) (Entered: 03/26/2009)
NOTICE of Change of Address that the Law Office of Andrew Bennett Spark, attorneys for End-Payor Ptffs, has moved to a new location. The new address is Centerpointe, 2033 Main Street, Sarasota, FL 34237. The phone & fax remain the same. Please direct all future communications to the new address. This document relates to 01-2943, 3367, 7941, 7943, 7944, 7946, 7949, 7950, 7952, 7954-7957, 7959 & 7960. (rjm) (Entered: 05/15/2003)
MANDATE OF USCA FOR FEDERAL CIRCUIT (certified copy) Re: dismiss [83-1] appeal by Bristol-Myers Squibb, [82-1] appeal by Bristol-Myers Squibb. Ordered that the proceeding is DISMISSED. Issued as Mandate on 3/17/03. 02-1374 & 02-1376. Jan Horbaly, Clerk. USCAFC. (rjm) (Entered: 04/04/2003)
NOTICE of Change of Address & Firm Affiliation by Citizen Action of NY, Consumers for, Massachusetts Senior, New York Statewide, Marianne Stover, Health Care For All. That Thomas M. Sobol hereby notifies the Court of a change in firm affiliation as well as change in mailing address. All correspondence, orders & other material related to the referred matter directed to Atty. Sobol should be addressed to: Thomas M. Sobol, Esq., HAGENS BERMAN LLP, 225 Franklin Street, 26th Floor, Boston, MA 02110 Tel. (617) 482-3700, Fax (617) 482-3003. This Document relates to 01-2943, 3367, 7941, 7943, 7944, 7946, 7949, 7950, 7952, 7954-7957, 7959, 7960. This Document is also entered as Doc. #72 in 01md1413 dated 7/17/02. (rjm) Modified on 03/12/2003 (Entered: 03/06/2003)
Memorandum to Docket Clerk: That Pre-Trial Conference before Mag. Judge Gorenstein was held on 10/7/02. Submitted by Sylvia Gonzalez. (rjm) (Entered: 10/11/2002)
ORDER NO. 25 Having been advised that the Judicial Panel on MDL is officially closing MDL Dkt. #1410 on the basis of this Court's finding of non-infringement in Opinion & Order No. 18, this Court will also close its MDL Dkt. #1410 and will handle the pending antitrust actions under MDL 1413 , The parties are directed to use MDL Dkt #1413 in all future captions relating to these pending cases, and the Clerk of the Court is directed to file all future filings in these cases under MDL Dkt. #1413 . ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 05/28/2002)
Memo-Endorsement on letter addressed to Mag. Judge Gorenstein from Evan R. Chesler, dated 5/17/02. Re: the issue of responding to Mr. Gerstein's letter dtd 5/17/02... "No further briefing is required on this issue" . signed by Magistrate Judge Gabriel W. Gorenstein ); Copies mailed. (rjm) (Entered: 05/22/2002)
ANSWER by Bristol-Myers Squibb to Second Amended Class Action Complaint of Louisiana Wholesale Drug Co., Inc. (Attorney Evan R. Chesler, Richard J. Stark from the Firm: Cravath, Swaine & Moore). Relates to 01cv7951(JGK). (rjm) (Entered: 05/22/2002)
ANSWER by Bristol-Myers Squibb to the States' Second Amended Complaint. (Attorney Evan R. Chesler, Richard J. Stark from the Firm: Cravath, Swaine & Moore). Relates to 01cv11401(JGK). (rjm) (Entered: 05/22/2002)
ANSWER by Bristol-Myers Squibb to End-Payor Ptffs. [71-1] Second Amended Consolidated Class Action Complaint. (Attorney Evan R. Chesler, Richard J. Stark from the Firm: Cravath, Swaine & Moore). Relates to 01cv2943, 3367, 7941, 7943, 7944, 7946, 7949, 7950, 7952, 7954-7957, 7959 & 7960. (rjm) (Entered: 05/22/2002)
ANSWER by Bristol-Myers Squibb to [70-1] second amended complaint of CVS Meridian, Inc., & Rite Aid Corp. (Attorney Evan R. Chesler, Richard J. Stark from the Firm: Cravath, Swaine & Moore). Relates to 01cv10223(JGK). (rjm) Modified on 05/22/2002 (Entered: 05/22/2002)
ANSWER by Watson Pharm., Schein Pharm., and Danbury Pharmacal to the Second Amended Class Action Complaint of Louisiana Wholesale Drug Co., Inc. (Attorney Heather Lamberg Kafele, Steven C. Sunshine, Jonathan L. Greenblatt from the Firm: Shearman & Sterling). Relates to 01cv7951(JGK). (rjm) (Entered: 05/22/2002)
ANSWER by Danbury Pharmacal, Watson Pharm. & Schein Pharmaceutical, Inc. to the States' Second Amended Complaint . (Attorney Heather Lamberg Kafele, Steven C. Sunshine, Jonathan L. Greenblatt from the Firm: Shearman & Sterling). Relates to 01cv11401(JGK). (rjm) (Entered: 05/21/2002)
ANSWER by Defts. Watson Pharm., Schein Pharmaceutical Inc., & Danbury Pharmacal to End-Payor Ptffs. [71-1] second amended consolidated class action complaint . (Attorney Heather Lamberg Kafele, Steven C. Sunshine, Jonathan L. Greenblatt from the Firm: Shearman & Sterling). Relates to 01cv2943, 3367, 7941, 7943, 7944, 7946, 7949, 7950, 7952, 7954-7957, 7959 & 7960. (rjm) Modified on 05/22/2002 (Entered: 05/21/2002)
ANSWER by Watson Pharm., Schein Pharmaceutical,Inc., and Danbury Pharmacal Inc. to [70-1] second amended complaint of CVS Meridian, Inc. and Rite Aid Corp. (by Jonathan L. Greenblatt, Steve C. Sunshine & Heather Lamberg Kafele, Attorneys from the Firm: Shearman & Sterling). Relates to 01cv10223(JGK). (rjm) Modified on 05/22/2002 (Entered: 05/21/2002)
NOTICE OF ASSOCIATION OF COUNSEL: AARP FOUNDATION LITIGATION. That Milberg Weiss Bershad Hynes & Lerach LLP, as Liaison Counsel & one of the End-Payor Ptffs' Co-Lead Counsel, hereby associates the following attorneys as counsel of record for the End-Payor ptffs. in this matter: Stuart R. Cohen, Sarah Lock, Bruce Vignery, Dorothy Siemon AARP Foundation Litigation 601 E Street, N.W. Rm. A4-260, Washington, D.C. 20049 (202) 434-2060. (rjm) (Entered: 05/21/2002)
NOTICE by End-Payor Ptffs' Vista Health Plan, etc. to take deposition of Brian Markinson on June 20-21, 2002 at 9am. at the offices of Goodkind Labaton Rudoff & Sucharow LLP, 100 Park Ave., 12th Floor, NY NY 10017; subpoena(s) issued. (rjm) Modified on 05/10/2002 (Entered: 05/10/2002)
Memo-Endorsement on letter addressed to Judge Koeltl from Scott E. Perwin, dated 4/26/02, on behalf of Ptffs. Walgreen Co., Eckerd Corp., The Kroger Co., Albertson's, Inc., Hy-Vee, Inc. & Safeway, Inc. (in case #02cv2953 Walgreen Co. etal. v Bristol-Myers Squibb Co. etal.) Re:, "Liaison counsel should promptly provide copies of all orders & papers to Kenny Nachwalter. Application for additional service is denied." . ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 05/10/2002)
STIPULATION and ORDER NO. 25, reset answer due for 5/22/02 for Defts. Bristol-Myers Squibb, for Watson Pharm., for Danbury Pharmacal, for Mylan Technologies, for Mylan Laboratories, for Mylan Pharm., Inc. This Document relates to 02 cv 1996(JGK) . ( signed by Judge John G. Koeltl ) (rjm) Modified on 05/10/2002 (Entered: 05/10/2002)
Memorandum to Docket Clerk: Contested Issue; pretrial Conference before Mag. Judge Gorenstein held 5/8/02; Oral Arguments on 2 motions to compel. Submitted by Sylvia Gonzalez, Deputy Court Clerk. (rjm) Modified on 05/10/2002 (Entered: 05/10/2002)
MEMORANDUM OF LAW by DEFT. Bristol-Myers Squibb in opposition to The Direct Purchaser Ptffs' Motion for Class Certification. (rjm) (Entered: 05/02/2002)
NOTICE OF MOTION by Deft. Bristol-Myers Squibb to strike the affidavit & testimony of End-Payor Ptffs' expert Dr. Raymond S. Hartman . "(Filed on Service Date)" Return Date not specified. (rjm) (Entered: 05/02/2002)
Memo-Endorsement on letter addressed to Judge Gorenstein from Kimberly H. Schultz, dated 4/29/02. Re: "it is suggested that the parties attempt to agree on the timing of any depositions that may be affected by a ruling on privilege. To the extent the parties are unable to reach such an agreement, the court directs that no depositions for which privilege is an issue take place prior to May 8, 2002. The Ptffs. request will be further addressed at the May 8th conference." . ( signed by Magistrate Judge Gabriel W. Gorenstein ); Copies mailed. (rjm) (Entered: 05/01/2002)
Memo-Endorsement on letter addressed to Judge Koeltl from Jonathan L. Greenblatt, dated 4/22/02. So ordered request that all future orders, opinions or other correspondence from the court be directed to the following firm for distribution to all ptffs: Rothwell, Figg, Ernst & Manbeck, P.C., Attention: Steven Lieberman, Esq. 1425 K Street NW, Ste. 800 Washington D.C. 20005, Phone: 202-763-6040, Facsimile: 202-783-6031. Rothwell, Figg, Ernst & Manbeck, which represents Mylan Pharmeceuticals, Inc. & Mylan Technologies, Inc., agreed to accept this responsibility . ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 05/01/2002)
NOTICE OF APPEAL TO THE FEDERAL CIRCUIT by Bristol-Myers Squibb from [61-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Steven Lieberman, Michael S. Silberberg, Jonathan L. Greenblatt and Barry S. White. $105.00 Appeal filing fee paid 4/24/02 on receipt # E 437264. (dt) (Entered: 04/26/2002)
NOTICE OF APPEAL TO THE FEDERAL CIRCUIT by Bristol-Myers Squibb from [60-1] judgment order . Copies of notice of appeal mailed to Attorney(s) of Record: Steven Lieberman, Michael C. Silberberg, Jonathan L. Greenblatt and Barry S. White. $105.00 Appeal filing paid 4/24/02 on receipt # E 437265. (dt) Modified on 04/26/2002 (Entered: 04/26/2002)
Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Discovery Motion or other Motion which does not require a report & recommendation. Referred to Magistrate Judge Gabriel W. Gorenstein . ( signed by Judge John G. Koeltl ) (rjm) (Entered: 04/25/2002)
Memo-Endorsement on letter addressed to Judge Koeltl from Kimberly H. Schultz, dated 4/15/02. Re:, this matter is referred to Mag. Judge Gorenstein including the pre-motion conference ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 04/25/2002)
STIPULATION and ORDER NO.25 The deadline for filing deft's responses to ptffs class certification motion & any accompanying rebuttal expert reports or affidavits be extended to 4/29/02, and the deadline for filing of ptffs class certification reply brief and any accompanying expert reports or affidavits be extended to 5/30/02 . This Document relates to 01cv7951. ( signed by Judge John G. Koeltl ) (rjm) Modified on 04/18/2002 (Entered: 04/18/2002)
STIPULATION and ORDER NO. 24, the deadline for filing of defts. responses to ptffs' class certification motions& any accompanying rebuttal expert reports or affidavits be extended to 4/29/02 & the deadline for filing of ptffs' class certification reply briefs & any accompanying expert reports or affidavits be extend to 5/30/02 . Relates to 01cv2943, 7941, 7943, 7944, 7946, 7949, 7950, 7952-7957, 7959, 7960, 8888, 9356, 9358-9362. ( signed by Judge John G. Koeltl ) (rjm) (Entered: 04/18/2002)
MEMORANDUM OF LAW by Mylan Pharm., Inc., Mylan Technologies, Mylan Pharm., Inc. in support of [76-1] motion to compel Bristol-Myers Squibb Co. to elect whether it intends to assert "Good Faith" and "Reliance on Counsel" Defenses . (rjm) (Entered: 04/17/2002)
NOTICE OF MOTION & PTFFS. MOTION TO COMPEL by Mylan Pharm., Inc., Mylan Technologies, Mylan Pharm., Inc., CVS Meridian, Inc., Rite Aid Corporation, Direct Purchaser Class Ptffs., The Ptff. States, The End-Payor Ptffs. to compel Bristol-Myers Squibb Co. to elect whether it intends to assert "Good Faith" and "Reliance on Counsel" Defenses . Return date not specified "(Filed on Service Date, 4/15/02)". (rjm) (Entered: 04/17/2002)
NOTICE OF MOTION by The State of New York for leave to amend its complaint . Return date not specified. "(Filed on Service Date, 4/8/02)" Relates to All Cases. (rjm) (Entered: 04/15/2002)
DECLARATION of Robert G. Eisler in Support of End-Payor Ptffs' Citizen Action of NY, Consumers for, Massachusetts Senior, New York Statewide, Marcy Altman, Vista Health Plan, Mechanical, IBEW-NECA Local 505, A.F. of L. - A.G.C., Sheet Metal Workers, Patrick J. Lynch, Allied Services, Health Care For All, William Kuhn, Jennifer Mills, Philicia Brin, Jeffrey Gibbs, Tina Pecore, Sandra L. Bauer, Steve Rodencal Re: [72-1] motion for leave to amend purs. to Rule 15(A) of the F.R.C.P. This Document relates to 01cv2943, 3367, 7941-7947, 7949, 7950, 7952-7960 & 8888. (rjm) (Entered: 04/15/2002)
MEMORANDUM OF LAW by The End-Payor Ptrffs., Citizen Action of NY, Consumers for, Massachusetts Senior, New York Statewide, Marcy Altman, Vista Health Plan, Mechanical, IBEW-NECA Local 505, A.F. of L. - A.G.C., Sheet Metal Workers, Patrick J. Lynch, Allied Services, Health Care For All, William Kuhn, Jennifer Mills, Philicia Brin, Jeffrey Gibbs, Tina Pecore, Sandra L. Bauer, Steve Rodencal in support of [72-1] motion for leave to amend purs. to Rule 15(A) of the F.R.C.P. This Document relates to 01cv2943, 3367, 7941, 7943, 7944, 7946, 7949, 7950, 7952, 7954-7957, 7959 & 7960. (rjm) Modified on 04/15/2002 (Entered: 04/15/2002)
NOTICE OF MOTION by End-Payor Ptffs., Citizen Action of NY, Consumers for, Massachusetts Senior, New York Statewide, Marcy Altman, Vista Health Plan, Mechanical, IBEW-NECA Local 505, A.F. of L. - A.G.C., Sheet Metal Workers, Patrick J. Lynch, Allied Services, Health Care For All, William Kuhn, Jennifer Mills, Philicia Brin, Jeffrey Gibbs, Tina Pecore, Sandra L. Bauer, Steve Rodencal for leave to amend purs. to Rule 15(A) of the F.R.C.P. . No Return date specified. "(Filed on Service Date, 4/8/02)" This Document relates to 01cv2943, 3367, 7941, 7943, 7944, 7946, 7949, 7950, 7952, 7954-7957, 7959 & 7960. (rjm) Modified on 04/15/2002 (Entered: 04/15/2002)
SECOND AMENDED CONSOLIDATED CLASS ACTION COMPLAINT by END-PAYOR PTFFS' Citizen Action of NY, Consumers for, Massachusetts Senior, New York Statewide, Marcy Altman, Maria Gorelick, Dorothy Wallace, Lillian Singer, Robert K. Alderman, Rebecca Harris, California Congress, Senior Action, Hillary Weiss, Vista Health Plan, Robert Levine, Gray Panthers, Valerie Meyers, Tamera D. DeWitt, Norman Seabrook, Israel Rexach, Elias Husamudeen, William Wasnicki, Guy Anderson, Robert Seabrook, Steven Robinson, Rhoda Sokoloff, Marianne Stover, Great Lakes Health, Georgia S. Gerstein, Lisa Brooks, Michelle J. Burns, Mechanical, IBEW-NECA Local 505, A.F. of L. - A.G.C., Sheet Metal Workers, Patrick J. Lynch, Allied Services, Health Care For All, William Kuhn, Jennifer Mills, Philicia Brin, Jeffrey Gibbs, Tina Pecore, Sandra L. Bauer, Steve Rodencal amending [54-1] amended complaint . Summons issued. s Document relates to 01cv2943, 3367, 7941, 7943, 7944, 7946, 7949, 7950, 7952, 7954-7957, 7959 & 7960. (rjm) Modified on 04/12/2002 (Entered: 04/12/2002)
SECOND AMENDED COMPLAINT amending their complaint CVS Meridian, Inc., Rite Aid Corporation. Summons issued. This Document Relates to 01cv10223 (JGK). (rjm) Modified on 04/12/2002 (Entered: 04/12/2002)
REPLY BRIEF by Louisiana Wholesale in further support of Ptffs' Motion to Compel Production of Documents & Testimony Purs. to the Crime-Fraud Excerption. (rjm) (Entered: 04/12/2002)
MEMORANDUM OF LAW by Bristol-Myers Squibb in opposition to Ptffs' Motion to compel production of documents & testimony purs. to the Crime-Fraud Exception. (rjm) (Entered: 04/12/2002)
[CORRECTED] REPLY by Bristol-Myers Squibb to Mylan's Counterclaims; Firm of: Cravath, Swaine & Moore by attorney Evan R. Chesler for counter-defendant Bristol-Myers Squibb, Richard J. Stark for counter-defendant Bristol-Myers Squibb. This Document relates to: 01cv0414. (rjm) Modified on 04/12/2002 (Entered: 04/12/2002)
[CORRECTED] ANSWER to First Amended Class Action Complaint of Louisiana Wholesale Drug Co., Inc., by Bristol-Myers Squibb (Attorney Evan R. Chesler, Richard J. Stark from the Firm: Cravath, Swaine & Moore) . This Document relates to 01cv7951. (rjm) (Entered: 04/12/2002)
[CORRECTED] ANSWER to First Amended Complaint of CVS Meridian, Inc. & Rite Aid Corp., by Bristol-Myers Squibb (Attorney Evan R. Chesler, Richard J. Stark from the Firm: Cravath, Swaine & Moore). This Document relates to: 01cv10223. (rjm) Modified on 04/12/2002 (Entered: 04/12/2002)
[CORRECTED] ANSWER TO [54-1] first amended consolidated class action complaint [corrected], by Bristol-Myers Squibb (Attorney Evan R. Chesler, Richard J. Stark from the Firm: Cravath, Swaine & Moore). This document relates to: 01cv2943, 3367, 7941-7947, 7949, 7950, 7952-7960, 9356, 9358-9362 & 8888. (rjm) Modified on 04/12/2002 (Entered: 04/12/2002)
CORRECTED ANSWER by Ptff. Bristol-Myers Squibb (Attorney Evan R. Chesler, Richard J. Stark from the Firm: Cravath, Swaine & Moore); to the Complaint and demand for jury trial of Watson Pharma, Inc., Watson Laboratories, Inc. and Danbury Pharmacal, Inc. (This document relates to 01cv7948).(rjm) Modified on 04/12/2002 (Entered: 04/12/2002)
STIPULATION AND ORDER of dismissal of Action with Prejudice that the actions DDC 01cv1471(RMU), SDNY 01cv9357(JGK), including any & all counterclaims, is hereby dismissed w/prejudice by stipulation of the parties. Each of the parties is to bear its own costs & Attys' fees (identical to Document #59); ( signed by Judge John G. Koeltl ) (rjm) Modified on 04/08/2002 (Entered: 04/08/2002)
RULE 54(b) JUDGMENT OF NO INFRINGEMENT. that the '365 patent does not cover uses of buspirone. Mylan Pharm. Inc's commercialization & sale of the buspirone hydrochloride products for which it has submitted Abbreviated New Drug Applications Nos. 75-272 & 76-008 to the FDA for the purpose of obtaining FDA approval to engage in the manufacture, use, or sale of generic buspirone, does not infringe the '365 patent under 35USC271(a). Mylan's filing of its ANDA Nos. 75-272 & 76-008 is not an act of infringement under 35 USC 271(e)(2)(A). Counterclaims 1-3 of Mylan's Answer & Counterclaim to the 2nd Amended Complaint of Bristol-Myers Squibb Co. seeking declaratory judgment of noninfringement, invalidity & unenforceability of the '365 patent, are hereby dismissed as moot. Accordingly, the clerk is directed to enter this final judgment of no infringement under FRCP 54(b). Sent to civil docketing unit for docketing notation under 01cv0414, 7915 & 7916. signed by Judge John G. Koeltl ); Mailed copies and notice of right to appeal. Entered On Docket: 3/28/02. (rjm) (Entered: 03/28/2002)
JUDGMENT for Deft. Danbury Pharmacal against Ptff. Bristol-Myers Squibb in the case Bristol-Myers Squibb Co. v Danbury Pharmacal, Inc., No. 01cv7914(JGK). Based on the Court's finding of noninfringement, Watson's declaratory judgment counterclaim is dismissed as moot. The Court directs the Clerk to enter final judgment. Sent to civil dockets for notation on civil case No. 01cv7914(JGK). ( signed by Judge John G. Koeltl ); Mailed copies and notice of right to appeal. Entered On Docket: March 28th, 2002. (rjm) (Entered: 03/28/2002)
STIPULATION AND ORDER of dismissal of Action with Prejudice... that purs. to Rule 41(a)(1) of the FRCP, the captioned actions {DDC Case No. 01cv1471(RMU) & SDNY Case No. 01cv9357(JGK), including any & all counterclaims, is hereby dismissed w/prejudice by stipulation of the parties. Each of the parties is to bear its own costs & attorneys' fees; ( signed by Judge John G. Koeltl ) (rjm) (Entered: 03/28/2002)
STIPULATION and ORDER, by & between the undersigned that: The time for BMS to serve by fax its opposition to the motion is extended to Tuesday, 3/26/02 at 4:30pm; The time for the Ptffs. toserveby fax their reply is extended to Friday 4/5/02 at 4:30pm; and. This Stip & Order may be signed in counterparts . ( signed by Magistrate Judge Gabriel W. Gorenstein ) (rjm) (Entered: 03/28/2002)
Fld True Certified copy of ORDER LIFTING STAY OF CONDITIONAL TRANSFER ORDER, SEPARATING & REMANDING CERTAIN CLAIMS, AND VACATING THE MARCH 21, 2002 HEARING SESSION... Re: Cobalt Corp., etal. v. Bristol-Myers Squibbh Co., etal., C.D. California, C.A. No. 2:01-9408: that the STAY of the Panel's conditional transfer order designated as "CTO-2" filed on 12/11/01, is LIFTED and thus this action is TRANSFERRED to the SDNY for inclusion in the coordinated or consolidated pretrial proceedings under 28USC1407 being conducted by the Hon. John G. Koeltl. ,... that the claims in this action against Defts. Bristol-Myers Squibb Co. & American Bioscience, Inc., relating to alleged monopolization of the market for the pharmaceutical product Taxol are separated & simultaneously REMANDED to the Central District of California ,... that the Hearing Session Order & the attached Schedule filed on 2/15/01 are hereby VACATED insofar as they relate to this action. .Wm. Terrell Hodges, Chairman. (Also to be docketed w/no Doc. No. on MDL 1413); Copies mailed. (rjm) Modified on 03/22/2002 (Entered: 03/22/2002)
REPLY MEMORANDUM by Bristol-Myers Squibb in further Support of the Antitrust Ptffs' Motion to Compel Selected Documents from Bristol-Myers Squibb Co's. Privilege Log. (rjm) (Entered: 03/22/2002)
END-PAYOR PTFFS' FIRST AMENDED CONSOLIDATED CLASS ACTION COMPLAINT [corrected] by Citizen Action of NY, Consumers for, Massachusetts Senior, New York Statewide, Marcy Altman, Maria Gorelick, Dorothy Wallace, Lillian Singer, Robert K. Alderman, Rebecca Harris, California Congress, Senior Action, Hillary Weiss, Vista Health Plan, Robert Levine, Gray Panthers, Valerie Meyers, Tamera D. DeWitt, Norman Seabrook, Israel Rexach, Elias Husamudeen, William Wasnicki, Guy Anderson, Robert Seabrook, Steven Robinson, Rhoda Sokoloff, Marianne Stover, Great Lakes Health, Georgia S. Gerstein, Lisa Brooks, Michelle J. Burns, Mechanical, IBEW-NECA Local 505, A.F. of L. - A.G.C., Sheet Metal Workers amending against Patrick J. Lynch, Allied Services, Health Care For All, William Kuhn, Jennifer Mills, Philicia Brin, Jeffrey Gibbs, Tina Pecore, Sandra L. Bauer, Steve Rodencal; Summons issued. (rjm) (Entered: 03/20/2002)
ORDER, On Oct. 15, 2001, the parties were directed by District Judge John G. Koeltl to inform the Courtby 12/1/01 as to the number of depositions to be permitted in this litigation. That deadline was adjourned to 1/11/02... Based on the great disparity in the number of parties on each side, the court will at this stage set a 100-deposition limit for BMS's deposition... Moreover, this order reflects a determination only as to an appropriate maximum of depositions based on the limited information provided by the parties. To the extent a party can show that a particular proposed deposition is cumulative, irrelevant or otherwise prohibited by the FRCP, that party is free to make an appropriate application to limit discovery. Obviously, the parties must confer in good faith before bringing such a dispute before the Court. Finally, if a party can make a showing consistent w/FRCP 26(b)(2) that additional depositionsbeyond the limitations currently set in this order are necessary, the party is free to so stipulate w/the party's adversary or, if no agreement can be reached, to make an appropriate application to the Court. Mr. Michael Buchman is directed to arrange for the provision of copies of this Order to Ptffs' counsel . ( signed by Magistrate Judge Gabriel W. Gorenstein ); Copies mailed. (rjm) (Entered: 03/06/2002)
ORDER NO. 22 Paragraph 3(c) of Order No. 2 dtd 9/18/01 directed the counsel in the cases to submit to the Court by 9/28/01, a list of all companies affiliated with the parties & all counsel associated in the litigation. The Court received a joint submission dtd 9/28/01 containing this information. Since that time, a number of tag-along cases have been transferred to this Court. The parties are reminded that paragraph 5 of Order No. 2 makes paragraph 3(c) applicable to all transferees... counsel in the captioned cases 01-7959, 7960, 8888, 9356, 9358, 9359, 9361, 9362 and 11401, are directed to submit to the Court by March 4, 2002, a joint list of all companies affiliated w/the parties, securities or other interests in which are publicly held, and all counsel associated in the litigation. Any such lists should state that they are being filed purs. to Rule 1.9 of the Local Civil Rules for the SDNY. All parties are reminded to advise the Court of any changes in such corporate affiliations that occur in the course of the litigation. . ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 03/06/2002)
Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Motion which does not require a report & recommendation. Referred to Magistrate Judge Gabriel W. Gorenstein . ( signed by Judge John G. Koeltl ) (rjm) (Entered: 03/06/2002)
STIPULATION and ORDER, that the time for BMS to serve by fax its opposition to the Motion is extended to Friday, 3/1/02, 4:30pm; the time for ptffs. to serve by fax their reply is extended to Monday, 3/11/02, 4:30pm; and. This Stipulation and Order may be signed in counterparts. . ( signed by Judge John G. Koeltl ) (rjm) (Entered: 03/06/2002)
Memo-Endorsement on letter addressed to Judge Koeltl from Barry S. White, dated 2/19/02. Re:, Court's 2/14/02 summary judgment ruling, which ordered Watson & Mylan to submit, within 5 days of the date of the ruling, proposed judgments & any supporting memoranda. However, counsel for Watson & Mylan did not receive the ruling until 2/19. Therefore, Watson & Mylan's request for permission to respond by Friday, 2/22/02 is granted . ( signed by Judge Kimba M. Wood ); Copies mailed. (rjm) (Entered: 03/06/2002)
NOTICE of ADDRESS CHANGE that ROTHWELL, FIGG, ERNST & MANBECK, P.C., counsel for Mylan Pharm., Inc. will relocate its offices as of 2/23/02. The new address is ROTHWELL, FIGG, ERNST & MANBECK, P.C., 1425 K STREET, N.W., STE. 800 WASHINGTON, DC 20005 Tel. 202 783-6040, Fax 202 783-6031. (rjm) (Entered: 03/05/2002)
STIPULATION and ORDER NO. 17 Stipulated by & between the undersigned Attys., subject to approval of the Court, that BMS shall not be required to respond to the amended complaint until 20 days after the Court's entry of an order regarding BMS's pending motion to dismiss . ( signed by Judge John G. Koeltl ) (rjm) (Entered: 03/05/2002)
MEMORANDUM OPINION # 86600; ORDER NO. 19, granting in part, denying in part [11-1] motion dismissing all antitrust, unfair competition and related state law claims, without leave to replead... Specifically, BMS moves to dismiss in their entirety the complaints and/or counterclaims filed by all ptffs... . ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) Modified on 02/22/2002 (Entered: 02/22/2002)
MEMORANDUM OPINION # 86599, ORDER NO. 18: That the motion for Summary Judgment by Mylan & Watson finding that the '365 Patent does not cover uses of buspirone is granted. Mylan & Watson are directed to submit proposed judgment within 5 days of the date of this opinion & order, together with any supporting memo addressing the appropriateness of the form of the proposed judgments. Bristol-Myers may submit any proposed counter-judgments and/or supporting memoranda 5 days thereafter. ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 02/22/2002)
Memo-Endorsement on letter addressed to Judge Koeltl from Richard J. Stark, dated 1/30/02. Re:, "In view of the parties positions, the revised schedule listed below as "New Schedule" is approved."... Class certification motions and any accompanying expert reports or affidavits currently for 1/31/02, Newly Scheduled for 2/1/02; Responses to class certification motions & any accompanying rebuttal expert reports or affidavits currently for 2/22/02 Newly Scheduled for4/12/02; Class certification reply briefs and any accompanying expert reports or affidavits currently for 3/18/02 Newly Scheduled for 5/6/02 . ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 02/08/2002)
Revised Case Management No. 16; Schedules are as set forth in this Order. ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 02/07/2002)
NOTICE OF CHANGE OF ADDRESS that effective January 1st, 2002, the San Diego office of Milberg Weiss Bershad Hynes & Lerach LLP will be relocated as follows: MILBERG WEISS BERSHAD HYNES & LERACH LLP 401 B STREET, SUITE 1700 SAN DIEGO, CA 92101 The telephone and fax numbers will remain the same. (rjm) (Entered: 01/18/2002)
MEMORANDUM OF LAW OF AMICUS CURAIE THE FEDERAL TRADE COMMISSION in opposition to Defts. [11-1] motion dismissing all antitrust, unfair competition and related state law claims, without leave to replead... Specifically, BMS moves to dismiss in their entirety the complaints and/or counterclaims filed by all ptffs... . (rjm) (Entered: 01/18/2002)
PLAINTIFFS' NOTICE OF NUMBER OF DEPOSITIONS filed by Antitrust Ptffs, Patent Defts, and the State Attorneys General (collectively "Ptffs."). Ptffs submit 60 fact depositions as their best estimate of the number of non-expert depositions Ptffs will take in this case... (rjm) (Entered: 01/18/2002)
RESPONSE by Ptffs. Danbury Pharmacal, Watson Pharm. to the Federal Trade Commission's AMICUS CURIAE BRIEF in opposition to [11-1] motion dismissing all antitrust, unfair competition and related state law claims, without leave to replead... Specifically, BMS moves to dismiss in their entirety the complaints and/or counterclaims filed by all ptffs... (rjm) (Entered: 01/18/2002)
ORDER No. 16 If the States wish to amend their complaint, they shall do so by 2/1/02; The States shall serve any opposition to BMS's motion to dismiss, addressing solely the Noerr-Pennington Issues, by hand or by fax by 1/8/02; Any party wishing to respond to any such opposition shall serve its response by hand or by fax by 1/11/02; The States will be bound by the Court's ruling on the Noerr-Pennington Issues; and; The Court shall hear oral argument on BMS's motion to dismiss on 1/18/02 at 11am. . ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 01/16/2002)
ORDER No. 15 With respect to the End-Payor Ptffs. they are directed to file their complete opposition to the Defts. motion to dismiss by fax by the end of Tuesday, 1/15/02. Deft. is directed to file its reply by fax by the end of Thursday, 1/17/02; The Court is separately entering the Order proposed by the States, which will ensure that by 1/18/02, the Court has received the briefs of all parties on the issues of patent law immunity & the Noerr-Pennington doctrine, and that the States will be bound by the decision on those issues. The Court understands that the States have already submitted their brief. . ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 01/16/2002)
Memo-Endorsement on letter addressed to Judge Koeltl from Evan R. Chesler, dated 12/6/01 that Application of "BMS" to file surreply brief in further opposition to Mylan's & Watson's motion for summary judgment is denied; The parties can make any arguments as to claim construction at the oral argument on the motion for summary judgment which will be scheduled shortly. ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 01/16/2002)
DECLARATION of Elaine J. Combs by Bristol-Myers Squibb in Support of [11-1] motion dismissing all antitrust, unfair competition and related state law claims, without leave to replead... Specifically, BMS moves to dismiss in their entirety the complaints and/or counterclaims filed by all ptffs... . (rjm) (Entered: 01/16/2002)
ORDER No. 14. The End-Payor Ptffs. and the States are directed to respond by fax to Bristol-Myers Squibb Co's. 1/8/02 letter by 1/10/02, 10am. In particular, the End-Payor Ptffs. & the States should address why all of the motions to dismiss should not be fully briefed by & heard at the Jan. 18, 2002 hearing, and why the Court's decision on the pending motion to dismiss should not bind all of the parties who wish to be heard by way of amicus briefs. ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 01/15/2002)
STIPULATION and ORDER No. 13. That the FTC shall serve its amicus brief w/respect to BMS's motion to dismiss by hand or by fax by 1/8/02; Any party wishing to respond to any brief filed by the FTC shall serve its response by hand or fax on all parties & the FTC by 1/11/02; Court shall hear oral argument on BMS's motion to dismiss on 1/18/02, 11am; With respect to materials the FTC receives solely in connection w/this action, the FTC shall be bound by the Stipulation & Protective Order (Order #5) entered in this captioned action & shall treat all materials filed under seal as Confidential Material under that Order. . ( signed by Judge John G. Koeltl ) (rjm) (Entered: 01/15/2002)
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ORDER granting [10-1] motion for an order extending the time. The parties time to inform the Court as to the number of depositions that should be allowed in this case, is extended until January 11, 2002 . ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 01/04/2002)
Transcript of record of proceedings before Judge John G. Koeltl for the date(s) of October 30th, 2001, 11:15am. (rjm) Modified on 12/06/2001 (Entered: 12/06/2001)
Transcript of record of proceedings before Judge John G. Koeltl for the date(s) of October 9th, 2001, 5:00 p.m.. (rjm) Modified on 12/06/2001 Modified on 2/7/2005 (mj, ). (Entered: 12/06/2001)
NOTICE OF MOTION by Bristol-Myers Squibb dismissing all antitrust, unfair competition and related state law claims, without leave to replead... Specifically, BMS moves to dismiss in their entirety the complaints and/or counterclaims filed by all ptffs... . No Return date specified. (rjm) Modified on 12/05/2001 (Entered: 12/05/2001)
NOTICE OF MOTION AND AGREED MOTION FOR EXTENSION OF TIME by by Ptffs. & Patent Defts. (collectively "Plaintiffs"), Mylan Pharm., Inc., Mylan Laboratories, Mylan Technologies, Danbury Pharmacal, Watson Pharm. for an order extending the time to 12/31/01 by which the parties must inform the Court as to the number of depositions that should be allowed in this case . No Return date. (rjm) (Entered: 12/04/2001)
ORDER NO. 9 that: The motion to remand in Marla Gorelick v. Bristol-Myers Squibb Co., 01 cv 7941 from C.D. Cal. is hereby denied w/out prejudice; The motion to remand in Dorothy Wallace v. Bristol-Myers Squibb Co., 01 cv 7942 from N.D. Cal. is hereby denied w/out prejudice; The motion to remand in Rebecca Harris v Bristol-Myers Squibb Co., 01 cv 7945 from N.D. Cal. is hereby denied w/out prejudice; The motion to remand in Hillary Weiss v Bristol-Myers Squibb Co., 01 cv 7947 from S.D. Cal. is hereby denied w/out prejudice; The motion to remand in Rhoda Sokoloff v Bristol-Myers Squibb Co., 01 cv 7955 from S.D. Fla. is hereby denied w/out prejudice; The motion to remand in Marianne Stover v Bristol-Myers Squibb Co., 01 cv 7956 from D. Me. is hereby denied w/out prejudice; The motion to remand in Marcy Altman v Bristol-Myers Squibb Co., 01 cv 3367 from SDNY is hereby denied w/out prejudice . ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 11/26/2001)
Memo-Endorsement on letter addressed to Hon. Judge Koeltl from Richard J. Stark, from Cravath Swaine & Moore, dated 11/16/01. Re:, Request for 48 hour extension of response deadline of Bristol-Myers Squibb Co. to Joint Motion for Summary Judgment by the Watson & Mylan companies, originally due 11/19/01, is granted. Time to respond is extended to 11/20/01 . ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 11/26/2001)
ORDER NO. 8 (Summary Judgment Schedule) the following briefing schedule is established for summary judgment motions to be filed by defts. Mylan Labs. Inc., Mylan Pharmaceuticals Inc., and Mylan Technologies Inc. (collectively "Mylan") and defts. Danbury Pharmacal, Inc., Watson Laboratories, Inc. and Watson Pharma, Inc., (collectively "Watson") on the issues of patent infringement and/or invalidity: (1) moving pprs. shall be served by 11/7/01; (2) opposition pprs. shall be served by 11/19/01; and (3) reply pprs. shall be served by 11/26/01, and FURTHER ORDERED that the page limitation for the opening briefs of Mylan & Watson and the opposition briefs of ptff. Bristol-Myers Squibb Co. (Bristol) shall be increased to a maximum of 30 pages. Should Mylan & Watson file a joint opening brief, the page limit for the brief & Bristol's opposition brief shall be 35 pages. ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) Modified on 01/18/2002 (Entered: 11/09/2001)
ORDER NO. 7 (Supplemental Scheduling Order) the Court hereby supplements & amends its previous Order No. 3 (Initial Case Mgt. Order) and Order No. 4 (Scheduling Order) as follows: Consolidated or amended complaint(s), which had been due by 10/26/01, shall now be filed no later than 11/9/01; Response(s) to all complaint(s) by motion or answer, due by 11/26/01, shall now be filed no later than 11/30/01 . ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 11/09/2001)
ORDER No. 6 (Change of Caption in 01-CV-7949) The parties and the Clerk of the Court are directed to change the caption in HIP Health Plan of Florida, Inc. v. Bristol-Myers Squibb Co., 01 Civ. 7949, to Vista Health Plan, Inc. v. Bristol-Myers Squibb Co., and to refer to the ptff. as "Vista Health Plan, Inc." in all further filings and correspondences. This alteration reflects the fact that the ptff. has recently filed a notice of corporate name change with the Court . ( signed by Judge John G. Koeltl ); Copies mailed. (rjm) (Entered: 11/08/2001)
STIPULATION and PROTECTIVE ORDER, ORDER NO. 5, Re: procedures that will govern the handling of "CONFIDENTIAL INFORMATION" . ( signed by Judge John G. Koeltl ) (rjm) (Entered: 11/08/2001)
NOTICE OF FILING OF SERVICE LIST by Bristol-Myers Squibb, Mylan Pharm., Inc., Mylan Laboratories, Mylan Technologies, Danbury Pharmacal, Watson Pharm.. (dcap) (Entered: 10/16/2001)
ORDER NO. 1, PRACTICE AND PROCEDURE ORDER UPON TRANSFER PURSUANT TO 28 U.S.C. Sec. 1407(a), This order shall govern the practice and procedure in those actions transferred to this Court by the Judicial Panel on Multidistrict Litigation pursuant to their order of August 15, 2001, as well as all related actions originally filed in this Court or transferred or removed to this Court. These actions are listed in the Schedule A attached hereto ,... The actions described in paragraph 1 of this order are consolidated for pretrial purposes . A signed original of any pleading or paper shall be filed; no copies will be necessary. All papers filed in these actions shall bear the identification "MDL Docket No. 1410", and when such paper relates to all these actions, the MDL docket number shall be followed only by the notation "ALL CASES." ,... Prior to the first pretrial conference service of all papers shall be made on each of the attorneys on the Panel Attorney Service List attached hereto as Schedule B ,... Prior to the first pretrial conference, counsel for each group of parties whose interests are similarly aligned shall designate liaison counsel, subject to the approval of the Court ,... All other matters will be discussed at the initial pretrial conference, which is scheduled in accordance with Order No. 2 . ( signed by Judge John G. Koeltl ); Copies mailed. (dcap) Modified on 10/10/2001 (Entered: 10/10/2001)
CERTIFIED TRUE COPY OF MDL TRANSFER ORDER FROM THE MDL PANEL...that pursuant, to 28 U.S.C. 1407, the actions listed on the attached schedule A and pending outside of the Southern District of New York are transferred to the Southern District of New York, with the consent of that court, assigned to the Honorable John G. Koeltl for coordinated or consolidated pretrial proceedings with the actions pending there. (dcap) (Entered: 10/10/2001)
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