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Getnick & Getnick
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Misc | Filed: May 10, 2024 | Entered: May 10, 2024 FWK Holdings LLC et al v. Takeda Pharmaceutical Company Ltd. et al
Anti-Trust | Massachusetts
Stipulation
STIPULATION Regarding Discovery Produced by Everlight USA, inc. (Joint) by FWK Holdings LLC, Meijer Distribution, Inc., Meijer, Inc.. (MacAuley, Jessica)
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Order | Filed: May 08, 2024 | Entered: May 08, 2024 Premera Blue Cross v. Takeda Pharmaceutical Company Limited et al
Anti-Trust | Massachusetts
Order
Magistrate Judge M. Page Kelley: ELECTRONIC ORDER entered. The court held a hearing on pending motions in #21-cv-11057-MJJ, including the joint motion to modify the case schedule. Please see #21-cv-11057-MJJ, #226 for the e-notes from the hearing. The court has allowed the joint motion and has adopted the dates proposed by the parties. The new deadlines are as follows: close of fact discovery: 5/17/24; plaintiffs designate experts and serve Rule 26(a)(2) reports for experts offering opinions other than those bearing on class certification (includes end-payor plaintiffs (“EPP”) and retailers on common issues): 6/7/24; deadline for moving plaintiffs to notice depositions of Takeda witnesses on EPP-specific and retailer-specific issues: 6/7/24; director purchaser plaintiffs’ (“DPP”) motion for class certification and designation of experts and service of Rule 26(a)(2) reports for experts offering opinions bearing on class certification: 6/14/24; Takeda designates experts and serves Rule 26(a)(2) reports for experts offering opinions other than those bearing on class certification (includes EPPs and retailers on common issues): 8/2/24; Takeda’s opposition to DPPs’ motion for class certification and designation of experts and service of Rule 26(a)(2) reports for experts offering opinions bearing on class certification: 8/23/24; deadline for fact discovery of EPP-specific and retailer-specific issues: 9/9/24; plaintiffs serve rebuttal Rule 26(a)(2) reports for experts offering opinions other than those bearing on class certification (includes EPPs and retailers on common issues): 9/9/24; DPPs’ reply in further support of motion for class certification: 9/23/24; expert discovery complete (includes EPPs and retailers on common issues): 10/11/24; deadline for EPPs’ class certification motion and any expert reports on EPP-specific issues: 10/17/24; deadline for retailer expert reports on retailer-specific issues: 10/17/24; dispositive motions filed (includes EPPs and retailers on common issues): 11/7/24; deadline for Takeda’s expert reports in response to retailers’ expert reports: 11/27/24; oppositions to dispositive motions filed (includes EPPs and retailers on common issues): 12/6/24; replies to dispositive motions filed (includes EPPs and retailers on common issues): 1/3/25; deadline for Takeda’s response to EPPs’ class certification motion and any expert reports on EPP-specific issues: 1/10/25; deadline for rebuttal expert reports on retailer-specific issues: 1/10/25; hearing on dispositive motions, subject to availability of the court and parties (includes EPPs and retailers on common issues): week of 1/20/25; deadline for reply in support of class certification motion and any rebuttal expert reports: 2/21/25; deadline for completion of expert discovery on EPP-specific and retailer-specific issues: 3/7/25. Associated Cases: 1:23-cv-12918-MJJ, 1:23-cv-13061-MJJ, 1:24-cv-10223-MJJ(Vieira, Leonardo)
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Minutes | Filed: May 08, 2024 | Entered: May 08, 2024 FWK Holdings LLC et al v. Takeda Pharmaceutical Company Ltd. et al
Anti-Trust | Massachusetts
Motion Hearing Order on Motion for Discovery Order on Motion to Compel Order on Motion for Miscellaneous Relief Order on Motion to Seal
Electronic Clerk's Notes for proceedings held before Magistrate Judge M. Page Kelley: Motion Hearing held on 5/8/2024 by video.
The court allows 208 the parties’ joint motion to modify the scheduling order and adopts the dates set out on pages 12 through 14. The new deadlines are as follows: close of fact discovery: 5/17/24; plaintiffs designate experts and serve Rule 26(a)(2) reports for experts offering opinions other than those bearing on class certification (includes end-payor plaintiffs (“EPP”) and retailers on common issues): 6/7/24; deadline for moving plaintiffs to notice depositions of Takeda witnesses on EPP-specific and retailer-specific issues: 6/7/24; director purchaser plaintiffs’ (“DPP”) motion for class certification and designation of experts and service of Rule 26(a)(2) reports for experts offering opinions bearing on class certification: 6/14/24; Takeda designates experts and serves Rule 26(a)(2) reports for experts offering opinions other than those bearing on class certification (includes EPPs and retailers on common issues): 8/2/24; Takeda’s opposition to DPPs’ motion for class certification and designation of experts and service of Rule 26(a)(2) reports for experts offering opinions bearing on class certification: 8/23/24; deadline for fact discovery of EPP-specific and retailer-specific issues: 9/9/24; plaintiffs serve rebuttal Rule 26(a)(2) reports for experts offering opinions other than those bearing on class certification (includes EPPs and retailers on common issues): 9/9/24; DPPs’ reply in further support of motion for class certification: 9/23/24; expert discovery complete (includes EPPs and retailers on common issues): 10/11/24; deadline for EPPs’ class certification motion and any expert reports on EPP-specific issues: 10/17/24; deadline for retailer expert reports on retailer-specific issues: 10/17/24; dispositive motions filed (includes EPPs and retailers on common issues): 11/7/24; deadline for Takeda’s expert reports in response to retailers’ expert reports: 11/27/24; oppositions to dispositive motions filed (includes EPPs and retailers on common issues): 12/6/24; replies to dispositive motions filed (includes EPPs and retailers on common issues): 1/3/25; deadline for Takeda’s response to EPPs’ class certification motion and any expert reports on EPP-specific issues: 1/10/25; deadline for rebuttal expert reports on retailer-specific issues: 1/10/25; hearing on dispositive motions, subject to availability of the court and parties (includes EPPs and retailers on common issues): week of 1/20/25; deadline for reply in support of class certification motion and any rebuttal expert reports: 2/21/25; deadline for completion of expert discovery on EPP-specific and retailer-specific issues: 3/7/25. The parties may pursue third-party fact discovery (i.e. deposition or topic) after the 5/17/24 deadline if the opposing party noticed but did not pursue the third-party discovery before 5/17/24. If completing these so-called “clean up” matters requires short extensions of discovery deadlines, the parties may negotiate and agree to extensions without notifying the court, though the court expects counsel to work expeditiously in completing discovery. Extensions of non-discovery deadlines should be sought from the court.
141 , seeking to compel Takeda to disclose before the close of fact discovery whether and on what issues it will assert subjective beliefs, is taken under advisement.
After hearing argument on so much of 144 that remains live, i.e. disclosure by assignees-KPH and Meijer of assignor-McKesson documents, the court denies the motion without prejudice, but orders as follows: Takeda may serve a targeted Fed. R. Civ. P. 45 subpoena on McKesson for discoverable documents, ideally within 1 week. KPH/Meijer’s counsel are to inform McKesson that the court expects it to work expeditiously in responding to any such subpoena. Takeda may raise issues with McKesson’s response that they are unable to resolve during conferences by motion, to compel McKesson or for other appropriate relief, which the court will address as quickly as possible.
After hearing argument on 177 , seeking disclosure by FWK, KPH, and Meijer of specified purchase agreements, the cour... (truncated)
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