CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Eastern District of Pennsylvania. (Signed by MDL Panel on 4/14/2017) (sjo)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/21/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) 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 may be made remotely electronically available to the public without redaction after 90 calendar days...Filed In Associated Cases: 1:16-mc-07000-WHP et al.(McGuirk, Kelly)
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/21/2017 before Judge William H. Pauley, III. Court Reporter/Transcriber: Lisa Picciano Fellis, (212) 805-0300. 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 4/24/2017. Redacted Transcript Deadline set for 5/4/2017. Release of Transcript Restriction set for 7/3/2017.Filed In Associated Cases: 1:16-mc-07000-WHP et al.(McGuirk, Kelly)
MEMO ENDORSEMENT on re: (49 in 1:16-mc-08911-WHP) Letter filed by Sergeants Benevolent Association Health & Welfare Fund, (57 in 1:16-mc-07987-WHP) Letter filed by Sergeants Benevolent Association Health & Welfare Fund, (63 in 1:16-mc-07229-WHP) Letter filed by Sergeants Benevolent Association Health & Welfare Fund. ENDORSEMENT: Application granted. The oral argument scheduled for March 15, 2017 is rescheduled to March 21, 2017 at 11:00 a.m. (Oral Argument set for 3/21/2017 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 3/9/2017) Filed In Associated Cases: 1:16-mc-07000-WHP et al.(cla)
MASTER CASE ORDER NO. 5 denying as moot (31 in case 1:16-mc-07229-WHP) Motion to Seal Document; denying as moot (32 in case 1:16-mc-07229-WHP) Motion for Leave to File Consolidated Amended Complaint Under Seal; denying as moot (26 in case 1:16-mc-07987-WHP) Motion to Seal; denying as moot (27 in case 1:16-mc-07987-WHP) Motion for Leave to File Consolidated Amended Complaint Under Seal; denying as moot (25 in case 1:16-mc-08911-WHP) Motion to Seal Document; denying as moot (26 in case 1:16-mc-08911-WHP) Motion for Leave to File Consolidated Amended Complaint Under Seal. Accordingly, End Payor Plaintiffs and Direct Purchasers' motions for leave to file under seal are hereby denied as moot. (Signed by Judge William H. Pauley, III on 3/3/2017) Filed In Associated Cases: 1:16-mc-07000-WHP et al. (cla) Modified on 3/6/2017 (cla).
STIPULATION AND ORDER. IT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs and Taro 1. The U.S. Government is permitted to intervene in the above-captioned matters under Federal Rule of Civil Procedure 24 with respect to the Court's order in Master Case Order No. 1 that Taro produce subpoenas and related communications. 2. The time for Taro to produce the subpoenas and related communications under Master Case Order No. 1 is extended to March 31, 2017. So ordered. (Signed by Judge William H. Pauley, III on 2/22/2017) Filed In Associated Cases: 1:16-mc-07000-WHP et al. and entered in case no. 17cv964, as per Chambers request. (rjm).
MASTER CASE ORDER No. 4: By letter dated February 10, 2017, Defendants request a pre-motion conference to discuss a motion to stay discovery in this action. Plaintiffs oppose the application by letter dated February 17, 2017. This Court finds that a pre-motion conference can be obviated by an accelerated briefing schedule on the proposed motion. Accordingly, Defendants may file their motion to stay discovery by February 28, 2017. Any opposition should be filed by March 7, 2017. Any reply should be filed by March 10, 2017. The parties are directed to appear for an oral argument on March 15, 2017 at 12:00 p.m. The time to respond to Plaintiffs' discovery requests is stayed pending the oral argument. (Motions due by 2/28/2017., Responses due by 3/7/2017, Replies due by 3/10/2017., Oral Argument set for 3/15/2017 at 12:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 2/22/2017) Filed In Associated Cases: 1:16-mc-07000-WHP et al.(cla)
MASTER CASE ORDER NO. 3: By motions dated February 10, 2017, the End Payor Plaintffs and the Direct Purchaser Plaintiffs seek leave to file their consolidated amended complaints under seal. On February 13, 2017, this Court received redacted consolidated amended complaints, which Plaintiffs propose be filed publicly. Accordingly, counsel are directed to submit memoranda by February 22, 2017 explaining the reasons for any proposed redactions. (Signed by Judge William H. Pauley, III on 2/15/2017) Filed In Associated Cases: 1:16-mc-07000-WHP et al, as per chambers.(cla)
STIPULATED INTERIM PROTECTIVE ORDER CONCERNING PROTECTED INFORMATION FOR USE IN PLAINTIFFS' CONSOLIDATED AMENDED COMPLAINTS...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge William H. Pauley, III on 2/10/2017) Filed In Associated Cases: 1:16-mc-07000-WHP et al, as per Chambers. (mro) Modified on 2/13/2017 (mro).
AMENDED MASTER CASE ORDER NO. 1: The Clerk of Court is directed to open a master case docket titled In re Topical Corticosteroid Antitrust Litigation, bearing docket number 16-mc-7000, and file a copy of this Order on the docket. Any filing fees associated with opening the master case docket are waived. No attorney may file any document on the master case docket without the prior permission of this Court. Every pleading hereafter filed in the Consolidated Clobetasol Action shall bear the following caption, as further set out in the order. Every pleading hereafter filed in the Consolidated Desonide Action shall bear the following caption, as further set out in the order. Every pleading hereafter filed in the Consolidated Flucinonide Action shall bear the following caption, as further set out in the order. Each subsequent filing by the parties in 16-mc-7000, 16-mc-7229, 16-mc-7987, or 16-mc-8911, shall indicate whether the filing should be docketed in all related cases or only in specified related cases. Counsel are reminded that filings are to be spread across all related actions only when necessary. Interim Lead Counsel for End Payer Plaintiffs: This Court appoints Girard Gibbs LLP as Interim Lead Counsel for Plaintiffs in In re Clobetasol Antitrust Litigation, 16-mc-7229, In re Desonide Antitrust Litigation, 16-mc-7987, and In re Fluocinonide Antitrust Litigation, 16-mc-8911. The Court limits its appointment of Girard Gibbs LLP as Interim Lead Counsel for End Payor Plaintiffs to a one-year term. Counsel may apply for renewal by December 22, 2017. This Court will also entertain any competing applications at that time. Plaintiffs' counsel is directed to file consolidated amended complaints in 16-mc-7229, 16-mc-7987, and 16-mc-8911, by February 10, 2017. Defendants' Liaison Counsel, Kirkland & Ellis LLP, is directed to interpose an answer or file a letter request for a pre-motion conference addressed to the pleadings in 16-mc-7229, 16-mc-7987, and 16-mc-8911, no later than March 3, 2017. Plaintiffs' Interim Lead Counsel is directed to file any responsive letter no later than March 10, 2017. Any party wishing to raise other issues with this Court may file a letter no later than March 10, 2017 in 16-mc-7229, 16-mc-7987, or 16-mc-8911. This Court will conduct a conference concerning any proposed motions to dismiss and any other issues raised by the parties on March 21, 2017 at 11:00 a.m. Plaintiff Sergeants Benevolent Association Health & Welfare Fund's application for limited discovery is granted. All other discovery applications for limited discovery are denied at this time. Defendant Taro Pharmaceuticals Industries, Ltd. is directed to make an initial limited document production consisting of the September 8, 2016 subpoenas from the Department of Justice, Antitrust Division to Taro Pharmaceuticals Industries, Ltd. and its employees, together with any written responses and related communications between the Department of Justice and Taro Pharmaceuticals Industries, Ltd. by January 5, 2017. The Clerk of Court is directed to file this Order in 16mc7000, 16mc7229, 16mc7987, 16mc8911 and all related actions. To facilitate the spreading of text by this Court and counsel, the Clerk of Court may treat all of the related actions as consolidated for all purposes and to avoid the need to file a document separately in each case. (As further set out in the order) (Signed by Judge William H. Pauley, III on 2/3/2017) Filed In Associated Cases: 1:16-mc-07000-WHP et al.(cla)
NOTICE OF CHANGE OF ADDRESS by Laura S Shores on behalf of Fougera Pharmaceuticals Inc., Sandoz, Inc.. New Address: Arnold & Porter Kaye Scholer LLP, 601 Massachusetts Avenue., NW, Washington, DC, USA 20001, 202-942-5000. (Shores, Laura)
ORDER granting (19) Letter Motion for Extension of Time to Produce Expedited Discovery in case 1:16-mc-07229-WHP; granting (16) Letter Motion for Extension of Time to Produce Expedited Discovery in case 1:16-mc-07987-WHP; granting (14) Letter Motion for Extension of Time to Produce Expedited Discovery in case 1:16-mc-08911-WHP. Application granted. The Clerk of Court is directed to file this Order in all consolidated actions. (Signed by Judge William H. Pauley, III on 1/11/2017) Filed In Associated Cases: 1:16-mc-07000-WHP et al. (cla)
MASTER CASE ORDER No. 2: By letter dated January 3, 2017, Defendants Taro Pharmaceutical Industries, Ltd. and Taro Pharmaceuticals U.S.A., Inc. ("Taro") request an extension of time to produce documents as required in paragraph 22 of Master Case Order No. 1. Plaintiffs consent to the Taro's request. Accordingly, this Court grants the requested extension of time to January 12, 2017. (Signed by Judge William H. Pauley, III on 1/5/2017) ***As per chambers, filed in 16cv7229, 16cv7979, 16cv7987, 16cv8109, 16cv8374, 16cv8469, 16cv8539, 16cv8911, 16cv9392, 16cv9431, 16cv9530, 16cv9659, 16cv9792. (tn)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Wockhardt Limited, Corporate Parent Wockhardt Bio AG for Morton Grove Pharmaceuticals, Inc., Wockhardt USA LLC. Document filed by Morton Grove Pharmaceuticals, Inc., Wockhardt USA LLC.(Suden, Damon)
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Damon William Suden to RE-FILE Document 19 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not all Filers were Selected. (lb)
MASTER CASE ORDER No. 1: The Clerk of Court is directed to open a master case docket titled In re Topical Corticosteroid Antitrust Litigation, bearing docket number 16-mc-7000, and file a copy of this Order on the docket. Any filing fees associated with opening the master case docket are waived. No attorney may file any document on the master case docket without the prior permission of this Court. All Clobetasol allegations and claims for relief in the above-captioned actions, and any allegations or claims for relief relating to Clobetasol in any later-filed actions, shall be consolidated for coordinated pre-trial proceedings pursuant to Rule 42(a) of the Federal Rules of Civil Procedure in an action titled In re Clobetasol Antitrust Litigation, bearing docket number 16-mc-7229. Any filing fees associated with opening the In re Clobetasol Antitrust Litigation docket are waived. All Desonide allegations and claims for relief in the above-captioned actions, and any allegations or claims for relief relating to Desonide in any later-filed actions, shall be consolidated for coordinated pre-trial proceedings pursuant to Rule 42(a) of the Federal Rules of Civil Procedure in an action titled In re Desonide Antitrust Litigation, bearing docket number 16-mc-7987. Any filing fees associated with opening the In re Desonide Antitrust Litigation docket are waived. All Fluocinonide allegations and claims for relief in the above-captioned actions, and any allegations or claims for relief relating to Fluocinonide in any later-filed actions, shall be consolidated for coordinated pre-trial proceedings pursuant to Rule 42(a) of the Federal Rules of Civil Procedure in an action titled In re Fluocinonide Antitrust Litigation, bearing docket number 16-mc-8911. Any filing fees associated with opening the In re Fluocinonide Antitrust Litigation docket are waived. Interim Lead Counsel for Plaintiffs: This Court appoints Girard Gibbs LLP as Interim Lead Counsel for Plaintiffs in In re Clobetasol Antitrust Litigation, 16-mc-7229, In re Desonide Antitrust Litigation, 16-mc-7987, and In re Fluocinonide Antitrust Litigation, 16-mc-8911. Plaintiffs' Interim Lead Counsel is directed to file consolidated amended complaints in 16-mc-7229, 16-mc-7987, and 16-mc-8911, by February 10, 2017. Defendants' Liaison Counsel are directed to interpose an answer or file a letter request for a pre-motion conference addressed to the pleadings in 16-mc-7229, 16-mc-7987, and 16-mc-8911, no later than March 3, 2017. Plaintiffs' Interim Lead Counsel is directed to file any responsive letter no later than March 10, 2017. This Court will conduct a conference concerning any proposed motions to dismiss and any other issues raised by the parties on March 21, 2017 at 11:00 a.m. Plaintiff Sergeants Benevolent Association Health & Welfare Fund's application for limited discovery is granted. All other discovery applications for limited discovery are denied at this time. Defendant Taro Pharmaceuticals Industries, Ltd. is directed to make an initial limited document production consisting of the September 8, 2016 subpoenas from the Department of Justice, Antitrust Division to Taro Pharmaceuticals Industries, Ltd. and its employees, together with any written responses and related communications between the Department of Justice and Taro Pharmaceuticals Industries, Ltd. by January 5, 2017. The Clerk of Court is directed to file this Order in 16mc7000, 16mc7229, 16mc7987, 16mc8911 and all related actions. To facilitate the spreading of text by this Court and counsel, the Clerk of Court may treat all of the related actions as consolidated for all purposes and to avoid the need to file a document separately in each case. (As further set out in the order)(Amended Pleadings due by 2/10/2017., Status Conference set for 3/21/2017 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 12/22/2016) (cla) Modified on 12/23/2016 (cla).
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Laura S. Shores to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13100590. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
MOTION for Laura S. Shores to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13100590. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fougera Pharmaceuticals Inc., Sandoz, Inc.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Shores, Laura)
MEMORANDUM OF LAW in Opposition re: 10 MOTION to Appoint Counsel (Interim Class Counsel) for the End-Payor Plaintiffs. MOTION to Consolidate Cases 1:16-cv-7229,1:16-cv-7979,1:16-cv-7987,1:16-cv-8109, 1:16-cv-8374, 1:16-cv-8469, 1:16-cv-8539,1:16-cv-8911,1:16-cv-9392,1:16-cv-9431 . MOTION for Discovery (Early Limited Discovery from Defendants). . Document filed by Akorn, Inc., Fougera Pharmaceuticals Inc., Hi-Tech Pharmacal Co., Inc., Morton Grove Pharmaceuticals, Inc., Perrigo New York Inc., Sandoz, Inc., Taro Pharmaceuticals U.S.A., Inc., Wockhardt USA LLC. (Cinotti, David)
ORDER: Having accepted the above-captioned cases as related to Sergeants Benevolent Association Health & Welfare Fund v. Fougera Pharmaceuticals, Inc., et al., No. 16cv7229 (filed Sept. 15, 2016), and Plaintiff having filed a motion for the appointment of interim lead counsel, consolidation, and early discovery, this Court establishes the following schedule: 1. Any opposition or responsive paper the motion may be filed by December 12, 2016; 2. Oral argument on the motions will be heard on December 15, 2016 at 2:30 p.m. (Responses due by 12/12/2016, Oral Argument set for 12/15/2016 at 02:30 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 12/8/2016) (cla)
LETTER addressed to Judge William H. Pauley, III from Gregory S. Asciolla dated 12/8/2016 re: Informing the court that counsel filed two complaints and then filed a motion to consolidate the cases and to be appointed as Interim class counsel for the end-payor plaintiffs and for permission to seek early limited discovery from defendants in compliance with the Court's Initial Scheduling Order. Document filed by UFCW Local 1500 Welfare Fund.(Asciolla, Gregory)
DECLARATION of Gregory S. Asciolla in Support re: 10 MOTION to Appoint Counsel (Interim Class Counsel) for the End-Payor Plaintiffs. MOTION to Consolidate Cases 1:16-cv-7229,1:16-cv-7979,1:16-cv-7987,1:16-cv-8109, 1:16-cv-8374, 1:16-cv-8469, 1:16-cv-8539,1:16-cv-8911,1:16-cv-9392,1:16-cv-9431 . MOTION for Discovery (Early Limited Discovery from Defendants).. Document filed by UFCW Local 1500 Welfare Fund. (Attachments: # 1 Exhibit 1)(Asciolla, Gregory)
MEMORANDUM OF LAW in Support re: 10 MOTION to Appoint Counsel (Interim Class Counsel) for the End-Payor Plaintiffs. MOTION to Consolidate Cases 1:16-cv-7229,1:16-cv-7979,1:16-cv-7987,1:16-cv-8109, 1:16-cv-8374, 1:16-cv-8469, 1:16-cv-8539,1:16-cv-8911,1:16-cv-9392,1:16-cv-9431 . MOTION for Discovery (Early Limited Discovery from Defendants). . Document filed by UFCW Local 1500 Welfare Fund. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Asciolla, Gregory)
MOTION to Appoint Counsel (Interim Class Counsel) for the End-Payor Plaintiffs., MOTION to Consolidate Cases 1:16-cv-7229,1:16-cv-7979,1:16-cv-7987,1:16-cv-8109, 1:16-cv-8374, 1:16-cv-8469, 1:16-cv-8539,1:16-cv-8911,1:16-cv-9392,1:16-cv-9431 ., MOTION for Discovery (Early Limited Discovery from Defendants). Document filed by UFCW Local 1500 Welfare Fund. Return Date set for 12/15/2016 at 02:30 PM.(Asciolla, Gregory)
CASE REFERRED TO Judge William H. Pauley as possibly related to 16cv7229. (dgo)
Filed: 12/6/2016, Entered: 12/6/2016
Case Designated ECF. (dgo)
Filed: 12/6/2016, Entered: 12/6/2016
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned.
Filed: 12/6/2016, Entered: 12/6/2016
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gregory Scott Asciolla. The party information for the following party/parties has been modified: FOUGERA PHARMACEUTICALS INC.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (dgo)
REQUEST FOR ISSUANCE OF SUMMONS as to Akorn, Inc., Fougera Pharmaceuticals Inc., Hi-Tech Pharmacal Co., Inc., Morton Grove Pharmaceuticals, Inc., Perrigo New York Inc., Sandoz, Inc., Taro Pharmaceuticals U.S.A., Inc., Wockhardt USA LLC, re: 1 Complaint,. Document filed by UFCW Local 1500 Welfare Fund. (Asciolla, Gregory)
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