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)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ALZHEIMER'S INSTITUTE OF
AMERICA,
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United States District Court
Northern District of California
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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
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ordered the Parties to file the Special Master’s report in Alzheimer’s Institute of America, Inc. v.
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Avid Radiopharmaceuticals, Case No. 10-cv-6908 (E.D. Pa.) (“Avid”), once it is available.
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Defendants’ motions concerning the amount and reasonableness of their requested attorneys’ fees
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awards are currently under submission. In his report and recommendation, Special Master Gene
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Cohen states that Avid Radiopharmaceuticals (“Avid”) “was extravagant in the employment of
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legal resources to mount its defense . . . no expense was spared” and that Avid sent “a large force
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to do what a much smaller unit would be capable of accomplishing.” (Dkt. 396-1 at 7.) The
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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
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more than four pages responding to Plaintiff’s arguments concerning the Special Master’s report
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by March 7, 2016. (See Dkt. 397.)
IT IS SO ORDERED.
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Dated:
February 22, 2016
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ELIZABETH D. LAPORTE
United States Magistrate Judge
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United States District Court
Northern District of California
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