Sergeants Benevolent Association Health & Welfare Fund, et al. v. Actavis, PLC, et al.
ORDER in 1:20-cv-01799 terminating 6 Letter Motion for Extension of Time; terminating 6 Letter Motion to Consolidate Cases. Extension granted, Oh I fully intend to consolidate the actions and put the new case on the same schedule. This is a "tag along" action in the truest sense of the word. If you will send a draft order it will spare me the trouble of drafting one myself-something that is on my "TO DO" list, but way at the bottom. (Signed by Judge Colleen McMahon on 3/4/2020) (mml)
March 4, 2020
Forest respectfully requests that this Court consolidate the AGC Action with the
Consolidated Action, and grant Forest a 30-day extension to answer or move to dismiss, until April
6, 2020. AGC has consented to Forest's request for a 30-day extension to file Forest's answer or
motion to dismiss.
The AGC Action Should be Consolidated with In re Namenda Indirect Purchaser
The AGC Action alleges essentially the same conduct against Forest with respect to
Namenda that is alleged in the Consolidated Action-a "hard switch" from Namenda IR to
Namenda XR and an illegal reverse payment related to Namenda IR. The AGC Action also seeks
to certify a similar class of indirect patient and health plan payors. Forest therefore asks this Court
to consolidate the AGC Action with the Consolidated Action under Federal Rule of Civil
Procedure 42, as the Court did with the case filed by MSP Recovery Claims. See Revised Master
Order, Consolidated Action (Dec. 10, 2019), ECF No. 314. Forest additionally requests that this
Court place the AGC Action on the same schedule as the Consolidated Action, as Forest should
not be faced with duplicative motions for class certification, summary judgment, and trial over
similar claims, and that the same limitations as in the Consolidated Action be entered as to AGC
regarding the use of DPP expert reports and duplicative discovery from Forest in light of the
extensive discovery already taken. See Consolidated Action, ECF Nos. 314, 359.
Consolidation would not prejudice AGC. This is not the first time that AGC has filed a
complain.t relating to Namenda: AGC filed a similar C01f1P.lf!i!Wi11:thi~_Court in June 2015., See
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