Alzheimer's Institute of America v. Elan Corporation PLC et al

Filing 398

ORDER regarding special master report by Magistrate Judge Elizabeth D. Laporte. (shyS, COURT STAFF) (Filed on 2/22/2016)

1
2
3
4
5

UNITED STATES DISTRICT COURT

6

NORTHERN DISTRICT OF CALIFORNIA

7
8

ALZHEIMER'S INSTITUTE OF
AMERICA,

9
10

United States District Court
Northern District of California

11
12
13

Plaintiff,

Case No. 10-cv-00482-EDL
ORDER

v.
ELI LILLY & COMPANY, et al.,
Defendants.
In this Court’s June 5, 2015 order on Defendants’ motions for attorneys’ fees, the Court

14

ordered the Parties to file the Special Master’s report in Alzheimer’s Institute of America, Inc. v.

15

Avid Radiopharmaceuticals, Case No. 10-cv-6908 (E.D. Pa.) (“Avid”), once it is available.

16

Defendants’ motions concerning the amount and reasonableness of their requested attorneys’ fees

17

awards are currently under submission. In his report and recommendation, Special Master Gene

18

Cohen states that Avid Radiopharmaceuticals (“Avid”) “was extravagant in the employment of

19

legal resources to mount its defense . . . no expense was spared” and that Avid sent “a large force

20

to do what a much smaller unit would be capable of accomplishing.” (Dkt. 396-1 at 7.) The

21
22
23
24
25
26
27
28

Special Master ultimately recommends awarding Avid $2,923,901.61 less than the requested
amount of $6,867,219.31 in fees. (Id. at 22.) Both the plaintiff and defendant Avid in Avid have
filed objections to the Special Master’s recommendations, which are currently pending before the
Avid court. In light of the pendency of those objections, the Parties are ordered to file a joint letter
of no more than five pages addressing the potential impact on this case of the Avid court’s ruling
on those objections and whether this Court should await that ruling before issuing its own fee
determination by March 7, 2016. Additionally, Defendants may file a separate joint letter of no

1

more than four pages responding to Plaintiff’s arguments concerning the Special Master’s report

2

by March 7, 2016. (See Dkt. 397.)
IT IS SO ORDERED.

3
4

Dated:

February 22, 2016

5
6
ELIZABETH D. LAPORTE
United States Magistrate Judge

7
8
9
10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2