Abbvie Inc. et al v. Fitch
| Mississippi Southern District Court | |
| Judge: | Halil S Ozerden |
| Referred: | Bradley W Rath |
| Case #: | 1:24-cv-00184 |
| Nature of Suit | 950 Other Statutes - Constitutionality of State Statutes |
| Cause | 28:2201 Constitutionality of State Statute(s) |
| Case Filed: | Jun 18, 2024 |
| Last checked: Saturday Aug 03, 2024 5:46 AM CDT |
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Defendant
Lynn Fitch
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Represented By
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Plaintiff
AbbVie Products LLC
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Represented By
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Plaintiff
Abbvie Inc.
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Represented By
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Plaintiff
Allergan Sales, LLC
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Represented By
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Plaintiff
Allergan, Inc.
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Represented By
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Plaintiff
Aptalis Pharma US, Inc.
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Represented By
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Plaintiff
Durata Therapeutics, Inc.
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Represented By
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Plaintiff
Pharmacyclics LLC
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Represented By
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| Docket last updated: 4 hours ago |
| Friday, September 13, 2024 | ||
| 32 | 32
notice
Rule 16(a) Initial Order
Fri 09/13 2:30 PM
Rule 16(a) Initial Order: Telephonic Case Management Conference set for 10/24/2024 at 10:00 AM before Magistrate Judge Bradley W. Rath. (AB) |
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| Monday, August 05, 2024 | ||
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appeal
Electronic Record on Appeal Accepted
Mon 08/05 5:17 PM
ELECTRONIC RECORD ON APPEAL ACCEPTED: The Court of Appeals has accepted the Electronic Record on Appeal and it is available for attorney access and download at[LINK:http://http://www.ca5.uscourts.gov/docs/default-source/forms/instructions-for-electronic-record-download-feature-of-cm.pdf] using credentials provided to you by the Clerk of that Court. COUNSEL MUST HAVE AN APPEARANCE FORM ON FILE. If you have not filed it and/or have just filed it, please allow 3-5 days for processing. Requirements: Java 1.7, Adobe Acrobat Reader 11, turn off pop up blockers or add CM/ECF filing system to approved pop up settings. (RLW) |
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| Tuesday, July 30, 2024 | ||
| 31 | 31
misc
Transcript Request
Tue 07/30 1:11 PM
TRANSCRIPT REQUEST by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC for proceedings held on 7/12/2024 before Judge Halil S. Ozerden. (Owen - PHV, Matthew) (Main Document 31 replaced on 7/30/2024) (JCH) |
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misc
Docket Annotation
Tue 07/30 4:15 PM
DOCKET ANNOTATION as to # 31. Any PDF fillable on-line forms once completed should be electronically converted to PDF by printing to the PDF printer. Save the file with an appropriate name in a folder. E-file the electronically converted PDF form, not the form which was filled in and saved. This document was saved incorrectly. Clerk's Office has saved the document correctly and replaced the incorrectly saved document. (JCH) |
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| Monday, July 29, 2024 | ||
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appeal
Appeal Record Sent to USCA
Mon 07/29 5:28 PM
Certified and Transmitted Record on Appeal to US Court of Appeals re29 Notice of Appeal. Once the record has been accepted, a separate docket entry will be made notifying parties that they may then access the record via Fifth Circuit website. (RLW) |
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| Thursday, July 25, 2024 | ||
| 30 | 30
appeal
Appeal Remark
Thu 07/25 4:19 PM
Appeal Remark re29 Notice of Appeal : Letter from USCA to attorney RE: USCA # 24-60375 and instructions. (JCH) |
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appeal
USCA Case Number
Thu 07/25 4:20 PM
USCA Case Number 24-60375 for29 Notice of Appeal, filed by AbbVie Products LLC, Allergan Sales, LLC, Aptalis Pharma US, Inc., Allergan, Inc., Abbvie Inc., Durata Therapeutics, Inc., Pharmacyclics LLC. (JCH) |
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| Wednesday, July 24, 2024 | ||
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utility
Terminate Deadlines and Hearings
Wed 07/24 9:04 AM
***Appeal Record Deadline terminated. (JCH) |
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misc
Docket Annotation
Wed 07/24 9:05 AM
DOCKET ANNOTATION as to # 29. Appeal record deadline should not be set by attorney. Clerk's office has terminated the deadline. (JCH) |
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| Tuesday, July 23, 2024 | ||
| 29 | 29
appeal
Notice of Appeal
Tue 07/23 2:56 PM
NOTICE OF APPEAL as to28 Order on Motion for Preliminary Injunction by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC. Filing fee $ 605, receipt number AMSSDC-5457182. Appeal Record due by 8/6/2024 (Owen - PHV, Matthew) |
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| Monday, July 22, 2024 | ||
| 28 | 28
48
pgs
order
Order on Motion for Preliminary Injunction
Mon 07/22 5:34 PM
MEMORANDUM OPINION and ORDER Denying Motion8 for Preliminary Injunction. Signed by District Judge Halil S. Ozerden on July 22, 2024, (BC) |
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| 27 | 27
misc
Transcript (DO NOT USE FOR APPEALS)
Mon 07/22 1:21 PM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT OF MOTION HEARING held on 7/12/2024 before Judge Halil S. Ozerden. Court Reporter/Transcriber Kati Vogt, Telephone Number : 228-563-1780, E-mail : Kati_Vogt@mssd.uscourts.gov. NOTICE RE : REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no Notice is filed, the transcript will be made electronically available to the public without redaction after 90 calendar days. The policy is located on the court website at www.mssd.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 8/12/2024. Redacted Transcript Deadline set for 8/22/2024. Release of Transcript Restriction set for 10/21/2024. (KV) |
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| Friday, July 12, 2024 | ||
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minutes
Motion Hearing
Fri 07/12 1:38 PM
Minute Entry for proceedings before District Judge Halil S. Ozerden: Hearing on Motion8 for Preliminary Injunction filed by Abbvie Inc.; Allergan Inc.; Durata Therapeutics, Inc.; AbbVie Products, LLC, Aptalis Pharma US, Inc.; Pharmacyclics LLC, and Allergan Sales, LLC held on 7/12/2024. The Court heard argument from the parties and will take the matter under advisement. APPEARANCES: Matthew Scott Owen, PHV, Meredith M. Pohl, PHV, Conley K. Hurst, PHV, and William L. Smith, counsel for Plaintiffs; and Rex M. Shannon, III, and John Price Sneed, counsel for Defendant Lynn Fitch. (ALS) |
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| Thursday, July 11, 2024 | ||
| 26 | 26
answer
Answer to Complaint
Thu 07/11 11:00 AM
ANSWER to1 Complaint, by Lynn Fitch.(Shannon, III-State Gov, Rex) |
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| Wednesday, July 10, 2024 | ||
| 25 | 25
12
pgs
respm
Memorandum in Support
Wed 07/10 12:23 AM
MEMORANDUM IN SUPPORT re24 Reply to Response to Motion,,8 MOTION for Preliminary Injunction filed by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Owen - PHV, Matthew) |
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| 24 | 24
respm
Reply to Response to Motion
Wed 07/10 12:21 AM
REPLY to Response to Motion re8 MOTION for Preliminary Injunction filed by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC(Owen - PHV, Matthew) |
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Att: 1
Exhibit 3,
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Att: 2
Exhibit 4,
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Att: 3
Exhibit 5,
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Att: 4
Exhibit 6,
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Att: 5
Exhibit 7,
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Att: 6
Exhibit 8,
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Att: 7
Exhibit 9,
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Att: 8
Exhibit 10,
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Att: 9
Exhibit 11,
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Att: 10
Exhibit 12,
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Att: 11
Exhibit 13,
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Att: 12
Exhibit 14,
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Att: 13
Exhibit 15,
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Att: 14
Exhibit 16,
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Att: 15
Exhibit 17,
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Att: 16
Exhibit 18,
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Att: 17
Exhibit 19,
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Att: 18
Exhibit 20,
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Att: 19
Exhibit 21,
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Att: 20
Exhibit 22,
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Att: 21
Exhibit 23
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misc
Docket Annotation
Wed 07/10 8:20 AM
DOCKET ANNOTATION as to # 24. L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number and a meaningful description. Attorney is advised to follow this rule in future filings. (JCH) |
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minutes
Telephone Conference
Wed 07/10 2:07 PM
Minute Entry for proceedings before District Judge Halil S. Ozerden: Telephone Conference held on 7/10/2024 regarding Hearing on Motion8 for Preliminary Injunction scheduled for 7/12/2024. APPEARANCES: William Smith, Matthew Scott Owen, PHV, and Meredith M. Pohl, PHV counsel for Plaintiffs; and Rex Shannon, III, and John Sneed, counsel for Defendant Lynn Fitch. (ALS) |
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| Tuesday, July 09, 2024 | ||
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utility
Set/Reset Hearings
Tue 07/09 11:49 AM
Set Hearing: Telephone Conference set for 7/10/2024 at 11:00 AM before District Judge Halil S. Ozerden. Chambers has e-mailed counsel the Call-in number. (ALS) |
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| Monday, July 08, 2024 | ||
| 23 | 23
30+
pgs
respm
Memorandum in Support
Mon 07/08 10:13 AM
MEMORANDUM IN SUPPORT re22 Response in Opposition to Motion,,8 MOTION for Preliminary Injunction filed by Lynn Fitch (Shannon, III-State Gov, Rex) |
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| 22 | 22
respm
Response in Opposition to Motion
Mon 07/08 10:12 AM
RESPONSE in Opposition re8 MOTION for Preliminary Injunction filed by Lynn Fitch(Shannon, III-State Gov, Rex) |
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Att: 1
Exhibit A - 2024 Miss. H.B. 728,
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Att: 2
Exhibit B - H.B. 728 Legislative History Profile,
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Att: 3
Exhibit C - AbbVie, Inc. 2023 Annual Report and Form 10-K (excerpts),
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Att: 4
Exhibit D - Declaration of Kelsey Raymer, PharmD, MHA,
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Att: 5
Exhibit E - Declaration of Kent Nicaud,
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Att: 6
Exhibit F - Declaration of Terrence Shirley,
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Att: 7
Exhibit G - Declaration of Trenton DeLand Lott, Pharm.D., A.C.E.
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| Friday, June 21, 2024 | ||
| 21 | 21
misc
Corporate Disclosure Statement
Fri 06/21 3:16 PM
Corporate Disclosure Statement by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Smith, William) |
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| 20 | 20
1
pgs
order
Order Setting Hearing on Motion
Fri 06/21 1:50 PM
ORDER Setting Hearing on8 MOTION for Preliminary Injunction and Briefing Schedule. Motion hearing set for 7/12/2024 at 10:00 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. Signed by District Judge Halil S. Ozerden on June 21, 2024. (ENW) |
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misc
Docket Annotation
Fri 06/21 8:15 AM
DOCKET ANNOTATION as to # 18 and # 19. All attorney's are advised that a Notice of Appearance should not be filed by a pro hac attorney. Clerk's Office is responsible for adding attorney's when all necessary fees have been paid and an Order has been entered. DOCKET ANNOTATION as to # 18. "All Plaintiffs" should not be selected as a filer, each individual that is a filer to the document should be selected by holding down the control key. "All Plaintiffs" and "All Defendants" should only be used if a case has a voluminous amount of parties, this case only has 7 Plaintiffs. Both of these documents will be disregarded on the docket and SHOULD NOT be re-filed. Clerk's Office has already added attorney's on ECF. (JCH) |
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minutes
Telephone Conference
Fri 06/21 1:32 PM
Minute Entry for proceedings before District Judge Halil S. Ozerden: Telephonic Status Conference held on 6/21/2024 to schedule a hearing on Motion8 for Preliminary Injunction by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC. The Court will set a hearing on July 12, 2024, at 10:00 a.m. PARTICIPANTS: William L. Smith, Matthew G. Warren, Matthew Scott Owen, PHV, and Meredith M. Pohl, PHV, counsel for Plaintiffs; and Rex M. Shannon, III, and John Price Sneed, counsel for Defendant Lynn Fitch. (ALS) |
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notice
Notice of Hearing on Motion
Fri 06/21 1:37 PM
Notice of Hearing on Motion8 for Preliminary Injunction: Motion Hearing set for 7/12/2024 at 10:00 AM in Courtroom 806 (Gulfport) before District Judge Halil S. Ozerden. (ALS) |
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| Thursday, June 20, 2024 | ||
| 19 | 19
notice
Notice of Appearance
Thu 06/20 6:13 PM
NOTICE of Appearance by Meredith M. Pohl - PHV on behalf of AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Pohl - PHV, Meredith) |
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| 18 | 18
notice
Notice of Appearance
Thu 06/20 6:05 PM
NOTICE of Appearance by Matthew Scott Owen - PHV on behalf of All Plaintiffs (Owen - PHV, Matthew) |
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| 17 | 17
notice
Notice of Appearance
Thu 06/20 2:16 PM
NOTICE of Appearance by John Price Sneed-State Gov on behalf of Lynn Fitch (Sneed-State Gov, John) |
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| 16 | 16
notice
Notice of Appearance
Thu 06/20 2:08 PM
NOTICE of Appearance by Rex M. Shannon, III-State Gov on behalf of Lynn Fitch (Shannon, III-State Gov, Rex) |
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| 15 | 15
service
Summons Returned Executed
Thu 06/20 11:27 AM
SUMMONS Returned Executed by Pharmacyclics LLC, Allergan, Inc., AbbVie Products LLC, Aptalis Pharma US, Inc., Abbvie Inc., Allergan Sales, LLC, Durata Therapeutics, Inc.. Lynn Fitch served on 6/20/2024, answer due 7/11/2024. (Warren, Matthew) |
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| 14 | 14
motion
Appear Pro Hac Vice
Thu 06/20 10:49 AM
MOTION for Meredith Pohl to Appear Pro Hac Vice by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC(Smith, William) |
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Att: 1
Attachment Certificates of Good Standing
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| 13 | 13
motion
Appear Pro Hac Vice
Thu 06/20 10:48 AM
MOTION for Matthew S. Owen to Appear Pro Hac Vice by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC(Smith, William) |
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Att: 1
Attachment Certificates of Good Standing,
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Att: 2
Appendix Appendix of Admissions
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| 12 | 12
motion
Appear Pro Hac Vice
Thu 06/20 10:34 AM
MOTION for Conley K. Hurst to Appear Pro Hac Vice by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC(Smith, William) |
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Att: 1
Attachment Certificates of Good Standing
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| 11 | 11
notice
Notice of Appearance
Thu 06/20 10:22 AM
NOTICE of Appearance by Kye C. Handy on behalf of AbbVie Products LLC, Abbvie Inc., Allegan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., and Pharmacyclics LLC (Handy, Kye) Modified to add filers on 6/20/2024 (JCH) |
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| 10 | 10
notice
Notice of Appearance
Thu 06/20 9:44 AM
NOTICE of Appearance by Matthew G. Warren on behalf of AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., and Pharmacyclics LLC (Warren, Matthew) Modified to change filer to each individual plaintiff, instead of "all plaintiffs" on 6/20/2024 (JCH) |
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misc
Docket Annotation
Thu 06/20 9:04 AM
DOCKET ANNOTATION as to # 4 - # 6. Attorney is advised that all clients should be typed in on Section B on the client line. Only 1 client name was included on these applications. Attorney should re-file these Applications with all clients included in the client section. These motions will be terminated and disregarded on the docket. The filing fee should not be paid again. (JCH) |
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misc
Docket Annotation
Thu 06/20 9:08 AM
DOCKET ANNOTATION as to # 2. Attorney is advised that the plaintiffs represented should be listed in the body of this document and "all plaintiffs" should not be selected as a filer, but each individual plaintiff should be selected, by holding down the control key. This document will be disregarded on the docket. (JCH) |
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misc
Docket Annotation
Thu 06/20 9:09 AM
DOCKET ANNOTATION as to # 3. Attorney is advised that the plaintiffs represented should be listed in the body of this document and each plaintiff represented selected as the filer. This document will be disregarded on the docket. (JCH) |
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misc
Docket Annotation
Thu 06/20 11:01 AM
DOCKET ANNOTATION as to # 11. This docket entry fails to select all filing parties. Clerks office will edit this docket entry to include all appropriate filing parties. Attorney is directed to select all filing parties in future filings. (JCH) |
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misc
Docket Annotation
Thu 06/20 12:01 PM
DOCKET ANNOTATION as to # 15. Attorney is advised that based on the date listed on page 2 of this pleading, the date of service is 6/20/24, which should have been listed on the summons return page 1. Also, when filing a summons return, the original summons issued that was emailed to attorney and stamped "return" should be the return filed on ECF, not the copy of the summons issued and previously docketed on ECF as document # 7. The document does not need to re-filed, but this procedure should be followed in the future. (JCH) |
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order
Order
Thu 06/20 1:11 PM
TEXT ONLY ORDER setting a telephone conference for June 21, 2024, at 10:00 AM before U.S. District Judge Halil S. Ozerden. The Court will supply counsel with the call-in number via e-mail prior to the conference. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by District Judge Halil S. Ozerden on June 20, 2024. (BC) |
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utility
Set Deadlines/Hearings
Thu 06/20 1:13 PM
Set Deadlines/Hearings: Telephone Conference set for 6/21/2024 10:00 AM before District Judge Halil S. Ozerden. (BC) |
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order
Order on Motion to Appear Pro Hac Vice
Thu 06/20 2:42 PM
TEXT ONLY ORDER granting12 Motion to Appear Pro Hac Vice; granting13 Motion to Appear Pro Hac Vice; granting14 Motion to Appear Pro Hac Vice. That Attorneys Conley K. Hurst, Matthew S. Owen, and Meredith Pohl be admitted pro hac vice in this case on behalf of Plaintiffs AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER ORDER WILL ISSUE. Signed by Magistrate Judge Bradley W. Rath on 6/20/2024 (AB) |
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| Wednesday, June 19, 2024 | ||
| 9 | 9
28
pgs
respm
Memorandum in Support of Motion
Wed 06/19 4:27 PM
MEMORANDUM in Support re8 MOTION for Preliminary Injunction filed by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC (Smith, William) |
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| 8 | 8
motion
Preliminary Injunction
Wed 06/19 4:23 PM
MOTION for Preliminary Injunction by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC(Smith, William) |
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Att: 1
Exhibit 1 - Scheidler Declaration,
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Att: 2
Exhibit 2 - Pedley Declaration
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| Tuesday, June 18, 2024 | ||
| 7 | 7
service
Summons Issued
Tue 06/18 5:27 PM
Summons Issued as to Lynn Fitch. (RLW) |
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| 6 | 6
motion
Appear Pro Hac Vice
Tue 06/18 2:42 PM
MOTION for Meredith Pohl to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5432295) by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC(Smith, William) |
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Att: 1
Attachment Certificates of Good Standing - DC and VA
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| 5 | 5
motion
Appear Pro Hac Vice
Tue 06/18 2:35 PM
MOTION for Matthew S. Owen to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5432280) by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC(Smith, William) |
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Att: 1
Attachment Certificates of Good Standing - NY and DC,
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Att: 2
Appendix Admission Appendix
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| 4 | 4
motion
Appear Pro Hac Vice
Tue 06/18 2:28 PM
MOTION for Conley K. Hurst to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5432267) by AbbVie Products LLC, Abbvie Inc., Allergan Sales, LLC, Allergan, Inc., Aptalis Pharma US, Inc., Durata Therapeutics, Inc., Pharmacyclics LLC(Smith, William) |
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Att: 1
Attachment Good Standing Certificates - AR and DC
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| 3 | 3
notice
Notice of Appearance
Tue 06/18 10:51 AM
NOTICE of Appearance by Kye C. Handy on behalf of AbbVie Products LLC, Abbvie Inc. (Handy, Kye) |
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| 2 | 2
notice
Notice of Appearance
Tue 06/18 10:46 AM
NOTICE of Appearance by Matthew G. Warren on behalf of All Plaintiffs (Warren, Matthew) |
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| 1 | 1
47
pgs
cmp
Complaint
Tue 06/18 10:20 AM
COMPLAINT against Lynn Fitch (Filing fee $405.00, receipt number 5431630), filed by Pharmacyclics LLC, Allergan, Inc., AbbVie Products LLC, Aptalis Pharma US, Inc., Abbvie Inc., Allergan Sales, LLC, Durata Therapeutics, Inc. (RLW) |
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Att: 1
Civil Cover Sheet
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utility
Remark
Tue 06/18 5:29 PM
Remark: Original issued summonses for service and return were emailed to attorney. (RLW) |
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