MYLAN PHARMACEUTICALS INC. v. TEVA PHARMACEUTICALS INDUSTRIES LTD. et al

Filing 162

LETTER ORDER adopting 161 REPORT AND RECOMMENDATION of Special Master. Signed by Magistrate Judge Jessica S. Allen on 3/10/2025. (mxw, )

THREE GATEWAY CENTER
100 Mulberry Street, 15th Floor
Newark, NJ 07102
T: 973.757.1100
F: 973.757.1090
WALSH.LAW
Liza M. Walsh
Direct Dial: [phone]
[e-mail]

March 6, 2025
VIA ECF & EMAIL
Hon. Faith S. Hochberg
Special Master
U.S. District Judge (ret.)
870 United Nations Plaza, Suite 12F
New York, New York 10017
Re:

Mylan Pharmaceuticals Inc. v. Teva Pharmaceuticals Industries Ltd., et al.
Civil Action No.: 2:21-cv-13087 (JXN-JSA)
In re Copaxone Antitrust Litig.,
Civil Action No. 2:22-1232 (JXN-JSA)

Dear Judge Hochberg:
This firm, together with Goodwin Procter LLP, represents Defendants Teva
Pharmaceuticals Industries Ltd., Teva Pharmaceuticals USA, Inc., Teva Neuroscience, Inc., and
Teva Sales & Marketing, Inc. (collectively, “Defendants”) in the above-referenced matters. We
write on behalf of the parties regarding certain upcoming deadlines.
On February 27, 2025, Your Honor issued a Report and Recommendation in Mylan v.
Teva, No. 13087 (ECF No. 159), and in In Re: Copaxone (ECF No. 128), and the parties
understand another Report and Recommendation in In Re: Copaxone will be issued in the future.
The parties are currently assessing the numerous issues addressed by the Report and
Recommendations, including to determine whether any party intends to elect to submit objections,
which are presently due on March 13, 2025. As such, the parties respectfully request an extension
of time, from March 13, 2025, to March 31, 2025, to file any objections to the Report and
Recommendations should any party elect to do so. Likewise, the parties request the deadline to
respond to any objections be extended to May 2, 2025, if any objections are filed.
Additionally, under the current schedule dated November 25, 2024 (ECF No. 156), the
deadline for Teva to file its answers is next Thursday, March 13. However, the Report and
Recommendations contemplate that Mylan and the Direct Purchaser Plaintiffs will file amended
complaints that conform with Your Honor’s recommendations.1 Because the form of the operative
Your Honor has noted a report and recommendation concerning Teva’s motion to dismiss the
Third-Party Payor Plaintiffs’ claims will be issued. The Third-Party Payor Plaintiffs and Teva will
confer, if necessary, to request an extension of the default 14-day timeframe for filing objections
to that report and recommendation, once it issues. The Third-Party Payor Plaintiffs otherwise
agree with the schedule proposed herein for Plaintiffs to file Amended Complaints and for Teva
to respond to the same.

1

Hon. Faith S. Hochberg
March 6, 2025
Page 2
complaints is unsettled, and in order to ensure an efficient procedure for Plaintiffs to file
amended complaints and for Teva to respond to those amended complaints, the parties
respectfully request that the deadline for Plaintiffs to file any amended complaints be 60 days
after the issuance of any final order determining the scope of the amendments or, if no relevant
party objects to the relevant Report and Recommendation, 60 days after the time to object
expires or any objection(s) are withdrawn. Likewise, the parties request the deadline for Teva to
respond to any amended complaints from Mylan, the Direct Purchaser Plaintiffs and the
Third-Party Payor Plaintiffs be extended until 21 days after the filing of the amended complaints.
Should the Court find the above amended schedule acceptable, the parties respectfully
request that Your Honor "So Order" this letter and have it entered on the docket. As always, we
thank the Court for its attention to this matter and are available should Your Honor or Your
Honor's staff have any questions.

Respectfully submitted,
s/Liza M. Walsh
Liza M. Walsh
cc: Counsel of Record (via ECF and Email)
SO ORDERED:
______________________________
Hon. Faith S. Hochberg, Special Master

Date: March 10, 2025
*SO ORDERED.
/s/ Jessica S. Allen
Hon. Jessica S. Allen, U.S.M.J.