Order | Filed: August 17, 2026
| Entered: August 17, 2026
IN RE METFORMIN MARKETING AND SALES PRACTICES LITIGATION
Other Fraud | New Jersey
Order
TEXT ORDER: The Court has reviewed the Amneal Defendants' August 13, 2026 letter [D.E. 690], and Plaintiff MSPRC's August 14, 2026 response [D.E. 691]. The Amneal Defendants correctly observe that the PDE and PRS reports are well overdue. The Amneal Defendants first requested them in 2023, and this Court first ordered their production in November 2024, based on a deadline to which MSPRC agreed. See Stipulation & Order, Aug. 28, 2024, D.E. 474, para. 5 (ordering rolling production of PDE and PRS reports to begin on November 18, 2024). When MSPRC failed to meet that deadline, the parties stipulated to extend the deadline to December 2, 2024. Second Stipulation and Order, Dec. 2, 2024, D.E. 504, para. 3. When MSPRC failed to begin rolling production by December 2, 2024, this Court ordered MSPRC to "complete all outstanding discovery production not later than January 10, 2025." Order, Dec. 18, 2024, at 3. Still, MSPRC did not meet its deadline, which resulted in the Undersigned issuing a Report and Recommendation to grant Amneal's application for the imposition of fees and costs, and set a June 13, 2025 deadline for MSPRC to produce all outstanding discovery responses. Report & Recommendation and Order, May 22, 2025, D.E. 575. Despite the passage of more than a year since that Order, MSPRC still has not produced the reports. MSPRC represents that subpoena responses from third parties such as ESI and SummaCare/MedImpact will enable it to provide the PDE/PRS discovery, and protests that its ability to produce the reports turns on the responses of the third parties. D.E. 691, at 1-2. But MSPRC fails to specify when it issued those third-party subpoenas, or why it has taken so long to receive and produce responsive information for discovery that was ordered nearly two years ago. MSPRC also provides no date or deadline by which it will produce the long overdue data to the Amneal Defendants. Accordingly, MSPRC shall produce the PRS and PDE reports not later than September 17, 2026. MSPRC is specifically advised that failure to meet the September 17th deadline, without good cause shown, may subject it to sanctions under Federal Rule of Civil Procedure 37. So Ordered by Magistrate Judge Michael A. Hammer on 8/17/2026. (Hammer, Michael)