MERCK & CO., INC. et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al
| District Of Columbia District Court | |
| Judge: | Amit P Mehta |
| Case #: | 1:19-cv-01738 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 05:0706 Judicial Review of Agency Actions |
| Case Filed: | Jun 14, 2019 |
| Last checked: Wednesday Dec 11, 2019 3:53 AM EST |
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Defendant
ALEX M. AZAR, II
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Represented By
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Defendant
CENTERS FOR MEDICARE & MEDICAID SERVICES
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Represented By
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Defendant
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES
200 Independence Avenue, S.W.
Washington, DC 20201 |
Represented By
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Defendant
SEEMA VERMA
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Represented By
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Plaintiff
AMGEN INC.
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Represented By
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Plaintiff
ASSOCIATION OF NATIONAL ADVERTISERS, INC.
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Represented By
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Plaintiff
ELI LILLY AND COMPANY
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Represented By
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Plaintiff
MERCK & CO., INC.
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Represented By
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GPO
Jul 08 2019
MEMORANDUM OPINION re: 12 Plaintiff's Motion for a Stay Pending Judicial Review. Please see the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 07/08/2019. (lcapm1) |
| 1. | Federal judge blocks Trump rule to require drug prices in TV ads (statnews.com) |
| Submitted Tue 07/09/2019 | |
| Docket last updated: 6 hours ago |
| Monday, August 10, 2020 | ||
| 37 | 37
appeal
USCA Mandate
Tue 08/11 3:53 PM
MANDATE of USCA as to34 Notice of Appeal to DC Circuit Court, filed by SEEMA VERMA, CENTERS FOR MEDICARE & MEDICAID SERVICES, ALEX M. AZAR, II, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES ; USCA Case Number 19-5222 (Attachment: #1 USCA Judgment)(zsb) |
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| Thursday, February 06, 2020 | ||
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order
Order on Motion to Withdraw as Attorney
Thu 02/06 9:00 AM
MINUTE ORDER granting36 Attorney James M. Burnham's Motion to Withdraw as Attorney. Signed by Judge Amit P. Mehta on 2/6/2020. (lcapm1) |
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| Tuesday, February 04, 2020 | ||
| 36 | 36
motion
Withdraw as Attorney
Tue 02/04 11:27 AM
MOTION to Withdraw as Attorney by ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Burnham, James) |
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| Thursday, August 22, 2019 | ||
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appeal
USCA Case Number
Thu 08/22 5:05 PM
USCA Case Number 19-5222 for34 Notice of Appeal to DC Circuit Court, filed by SEEMA VERMA, CENTERS FOR MEDICARE & MEDICAID SERVICES, ALEX M. AZAR, II, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. (zrdj) |
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| Wednesday, August 21, 2019 | ||
| 35 | 35
appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Wed 08/21 12:01 PM
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re34 Notice of Appeal to DC Circuit Court. (jf) |
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| 34 | 34
appeal
Notice of Appeal to DC Circuit
Wed 08/21 10:22 AM
NOTICE OF APPEAL TO DC CIRCUIT COURT as to33 Order on Motion to Stay, by ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, SEEMA VERMA, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES. Fee Status: No Fee Paid. Parties have been notified. (Kossak, Jonathan) |
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| Monday, July 08, 2019 | ||
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1
pgs
order
Order on Motion to Stay
Mon 07/08 6:04 PM
ORDER: For the reasons stated in the32 Memorandum Opinion, the court grants Plaintiff's12 Motion for a Stay Pending Judicial Review. Please see the attached Order for further details. Signed by Judge Amit P. Mehta on 07/08/2019. (lcapm1) |
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| 32 | 32
27
pgs
order
Memorandum & Opinion
Mon 07/08 6:02 PM
MEMORANDUM OPINION re:12 Plaintiff's Motion for a Stay Pending Judicial Review. Please see the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 07/08/2019. (lcapm1) |
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| 31 | 31
misc
Transcript
Mon 07/08 10:19 AM
TRANSCRIPT OF MOTION HEARING PROCEEDINGS before Judge Amit P. Mehta held on July 2, 2019; Page Numbers: 1-102. Date of Issuance: July 8, 2019. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the[LINK:Transcript Order Form] For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court re porter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/29/2019. Redacted Transcript Deadline set for 8/8/2019. Release of Transcript Restriction set for 10/6/2019.(wz) |
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| Wednesday, July 03, 2019 | ||
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service
Summons Returned Executed as to Federal Defendant
Wed 07/03 3:29 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SEEMA VERMA served on 6/17/2019 (Bress, Richard) |
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| 29 | 29
service
Summons Returned Executed as to Federal Defendant
Wed 07/03 3:27 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CENTERS FOR MEDICARE & MEDICAID SERVICES served on 6/17/2019 (Bress, Richard) |
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| 28 | 28
service
Summons Returned Executed as to Federal Defendant
Wed 07/03 3:26 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 6/18/2019 (Bress, Richard) |
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| 27 | 27
service
Summons Returned Executed as to Federal Defendant
Wed 07/03 3:24 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 6/18/2019 (Bress, Richard) |
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| 26 | 26
service
Summons Returned Executed as to U.S. Attorney General
Wed 07/03 3:23 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/18/2019. (Bress, Richard) |
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| 25 | 25
notice
Notice (Other)
Wed 07/03 12:15 PM
NOTICE of Plaintiffs' Position on Converting Plaintiffs' Motion for a Stay Pending Judicial Review into a Motion for a Judgment on the Merits by AMGEN INC., ASSOCIATION OF NATIONAL ADVERTISERS, INC., ELI LILLY AND COMPANY, MERCK & CO., INC. (Bress, Richard) |
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| Tuesday, July 02, 2019 | ||
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notice
Notice (Other)
Tue 07/02 5:19 PM
NOTICE OF DEFENDANTS POSITION ON CONVERTING PLAINTIFFS MOTION FOR A STAY PENDING JUDICIAL REVIEW INTO A MOTION FOR A JUDGMENT ON THE MERITS FOR SUBPARTS 1 & 3 OF COUNT I by ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA (Kossak, Jonathan) |
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minutes
Motion Hearing
Tue 07/02 3:40 PM
Minute Entry for proceedings held before Judge Amit P. Mehta: Motion Hearing held on 7/2/2019 re12 MOTION to Stay Pending Judicial Review. (Court Reporter: William Zaremba) (zjd) |
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| Monday, July 01, 2019 | ||
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respm
Response to Order of the Court
Mon 07/01 3:54 PM
RESPONSE TO ORDER OF THE COURT re Order, (Joint Submission) filed by AMGEN INC., ASSOCIATION OF NATIONAL ADVERTISERS, INC., ELI LILLY AND COMPANY, MERCK & CO., INC..(Bress, Richard) |
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Att: 1
Exhibit A
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| 22 | 22
respm
Reply to opposition to motion
Mon 07/01 9:47 AM
REPLY to opposition to motion re12 MOTION to Stay Pending Judicial Review filed by AMGEN INC., ASSOCIATION OF NATIONAL ADVERTISERS, INC., ELI LILLY AND COMPANY, MERCK & CO., INC.. (Bress, Richard) |
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| 21 | 21
notice
Notice of Appearance
Mon 07/01 9:16 AM
NOTICE of Appearance by James Mahoney Burnham on behalf of All Defendants (Burnham, James) |
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order
.Order
Mon 07/01 1:32 PM
MINUTE ORDER. Before 5 pm today, the parties shall file with the court the following article referenced in the parties' filings: Jace B. Garrett et al., Consumer Responses to Price Disclosure in Direct-to-Consumer Pharmaceutical Advertising, 179 JAMA Internal Med. 435 (2019). Signed by Judge Amit P. Mehta on 07/01/2019. (lcapm1) |
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utility
Set/Reset Deadlines
Mon 07/01 3:42 PM
Set/Reset Deadlines: Referenced Article due by 7/1/2019 at 5:00 pm. (zjd) |
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| Tuesday, June 25, 2019 | ||
| 20 | 20
30+
pgs
respm
Memorandum in opposition to motion
Tue 06/25 7:01 PM
Memorandum in opposition to re12 MOTION to Stay Pending Judicial Review filed by ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA.(Borson, Joseph) |
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Att: 1
Text of Proposed Order
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| Friday, June 21, 2019 | ||
| 19 | 19
service
Summons Returned Executed as to US Attorney
Fri 06/21 5:21 PM
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/14/2019. Answer due for ALL FEDERAL DEFENDANTS by 8/13/2019.(Bress, Richard) |
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Att: 1
Affidavit of Service
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| Wednesday, June 19, 2019 | ||
| 18 | 18
notice
Notice (Other)
Wed 06/19 5:06 PM
NOTICE of Authority Regarding Administrative Stays by AMGEN INC., ASSOCIATION OF NATIONAL ADVERTISERS, INC., ELI LILLY AND COMPANY, MERCK & CO., INC.(Bress, Richard) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5
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| Tuesday, June 18, 2019 | ||
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utility
Set/Reset Hearings
Tue 06/18 4:29 PM
Set/Reset Hearings: Motion Hearing set for 7/2/2019 at 2:00 PM in Courtroom 10 before Judge Amit P. Mehta. (zjd) |
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| Monday, June 17, 2019 | ||
| 17 | 17
2
pgs
order
Order on Motion to Expedite
Mon 06/17 7:25 PM
ORDER granting13 Plaintiff's Motion to Expedite. Upon further reflection, a revised briefing schedule and hearing date is attached. Please see attached Order for further details. Additionally, I have advised the parties of my prior employment with Latham & Watkins. Signed by Judge Amit P. Mehta on 06/17/2019. (lcapm1) |
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| 16 | 16
respm
Response to motion
Mon 06/17 3:24 PM
RESPONSE re13 MOTION to Expedite Proceedings on Plaintiff's Motion for a Stay Pending Judicial Review and Defendants' Motion for Extension of Time to File Their Response to Plaintiffs' Motion to Stay Pending Judicial Review filed by ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA.(Kossak, Jonathan) |
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Att: 1
Text of Proposed Order
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| 15 | 15
notice
Notice of Appearance
Mon 06/17 11:34 AM
NOTICE of Appearance by Jonathan D. Kossak on behalf of All Defendants (Kossak, Jonathan) |
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| 14 | 14
notice
Notice of Appearance
Mon 06/17 11:14 AM
NOTICE of Appearance by Joseph Evan Borson on behalf of All Defendants (Borson, Joseph) |
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| Friday, June 14, 2019 | ||
| 13 | 13
6
pgs
motion
Expedite
Fri 06/14 6:05 PM
MOTION to Expedite Proceedings on Plaintiff's Motion for a Stay Pending Judicial Review by AMGEN INC., ASSOCIATION OF NATIONAL ADVERTISERS, INC., ELI LILLY AND COMPANY, MERCK & CO., INC.(Bress, Richard) |
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Att: 1
Text of Proposed Order
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| 12 | 12
motion
Stay
Fri 06/14 6:02 PM
MOTION to Stay Pending Judicial Review by AMGEN INC., ASSOCIATION OF NATIONAL ADVERTISERS, INC., ELI LILLY AND COMPANY, MERCK & CO., INC.(Bress, Richard) |
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Att: 1
Memorandum in Support,
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Att: 2
Text of Proposed Order
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notice
LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests
Fri 06/14 4:36 PM
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ASSOCIATION OF NATIONAL ADVERTISERS, INC. (Corn-Revere, Robert) |
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| 10 | 10
notice
Notice of Appearance
Fri 06/14 4:06 PM
NOTICE of Appearance by Ronald G. London on behalf of ASSOCIATION OF NATIONAL ADVERTISERS, INC. (London, Ronald) |
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| 9 | 9
notice
Notice of Appearance
Fri 06/14 4:02 PM
NOTICE of Appearance by Robert Corn-Revere on behalf of ASSOCIATION OF NATIONAL ADVERTISERS, INC. (Corn-Revere, Robert) |
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| 8 | 8
notice
Notice of Appearance
Fri 06/14 3:27 PM
NOTICE of Appearance by Benjamin W. Snyder on behalf of AMGEN INC., ELI LILLY AND COMPANY, MERCK & CO., INC. (Snyder, Benjamin) |
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| 7 | 7
notice
Notice of Appearance
Fri 06/14 3:23 PM
NOTICE of Appearance by Sarah M. Gragert on behalf of AMGEN INC., ELI LILLY AND COMPANY, MERCK & CO., INC. (Gragert, Sarah) |
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| 6 | 6
notice
Notice of Appearance
Fri 06/14 3:10 PM
NOTICE of Appearance by Daniel Meron on behalf of AMGEN INC., ELI LILLY AND COMPANY, MERCK & CO., INC. (Meron, Daniel) |
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| 5 | 5
notice
LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests
Fri 06/14 2:30 PM
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMGEN INC. (Bress, Richard) |
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| 4 | 4
service
Electronic Summons Issued as to AUSA,USAG
Fri 06/14 2:30 PM
SUMMONS (6) Issued Electronically as to ALEX M. AZAR, II, CENTERS FOR MEDICARE & MEDICAID SERVICES, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, SEEMA VERMA, U.S. Attorney and U.S. Attorney General.(zef, ) |
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Att: 1
Notice and Consent
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| 3 | 3
notice
LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests
Fri 06/14 2:29 PM
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ELI LILLY AND COMPANY (Bress, Richard) |
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| 2 | 2
notice
LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests
Fri 06/14 2:27 PM
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MERCK & CO., INC. (Bress, Richard) |
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37
pgs
cmp
Complaint
Fri 06/14 2:02 PM
COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-6188695) filed by AMGEN INC., ELI LILLY AND COMPANY, ASSOCIATION OF NATIONAL ADVERTISERS, INC., MERCK & CO., INC..(Bress, Richard) |
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Att: 1
Declaration of C. Garthwaite,
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Att: 2
Declaration of R. Dhar,
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Att: 3
Declaration of R. El-Dada for Merck,
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Att: 4
Declaration of J. Oleksiw for Lilly,
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Att: 5
Declaration of D. Marek for Amgen,
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Att: 6
Civil Cover Sheet,
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Att: 7
Summons to U.S. Department of Health and Human Services,
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Att: 8
Summons to Alex M. Azar II,
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Att: 9
Summons to U.S. Centers for Medicare and Medicaid Services,
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Att: 10
Summons to Seema Verma,
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Att: 11
Summons to U.S. Attorney General,
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Att: 12
Summons to U.S. Attorney for DC
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utility
Case Assigned/Reassigned
Fri 06/14 2:22 PM
Case Assigned to Judge Amit P. Mehta. (zef, ) |
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