Apotex Corp. v. Hospira Healthcare India Private Limited

Filing 126

ORDER: granting 125 Letter Motion for Extension of Time to File. Application GRANTED. The deadline to submit supplemental briefs is hereby EXTENDED to January 24, 2020. The Clerk of Court is directed to terminate ECF No. 125. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/16/2020) (ama)

WENDY ZORANA ZUPAC
[phone]
[e-mail]

January 15, 2020
VIA CM/ECF

Application GRANTED. The deadline to submit supplemental
briefs is hereby EXTENDED to January 24, 2020. The Clerk of
Court is directed to terminate ECF No. 125. SO ORDERED.

The Honorable Jesse M. Furman
United States District Judge
Thurgood Marshall United States Courthouse
40 Foley Square
New York, NY 10007
Re:

January 16, 2020

Apotex Corp. v. Hospira Healthcare India Private Limited and Hospira Inc.,
No. 18-CV-4903 (JMF)

Dear Judge Furman,
Plaintiff Apotex Corp. (“Apotex”) and Defendants Hospira Healthcare India Private
Limited and Hospira, Inc. (“Hospira”, and with Apotex, the “Parties”) jointly submit this lettermotion respectfully to request that the Court extend the deadline for the Parties to submit
supplemental briefs on whether the Court should exercise supplemental jurisdiction over the
remaining state-law claims until January 24, 2020.
On January 6, 2020, this Court issued an Opinion and Order granting Hospira’s motion to
dismiss Apotex’s monopolization and attempted monopolization claims under Section 2 of the
Sherman Antitrust Act, 15 U.S.C. § 2. See Dkt. No. 124. Under 28 U.S.C. § 1367, the Court has
discretion whether to exercise supplemental jurisdiction over the remaining state law claims, and
the Court ordered the Parties to submit supplemental briefs (not to exceed five pages) addressing
this issue by January 17, 2020. Id.
At the time the Court issued its Order, senior counsel for the Parties were in Melbourne,
Australia, conducting depositions in this matter. Counsel did not return to the United States until
Sunday, January 12, 2020. In light of these depositions and resulting travel, both Parties
respectfully request an additional week to submit the supplemental briefs, such that the briefs
would be due on Friday, January 24, 2020. Counsel for the Parties have not previously
requested an extension of time to submit this briefing. The Parties are next scheduled to appear
before this Court for a pretrial conference on October 27, 2020.

January 15, 2020
Page 2

Respectfully submitted,

/s/ Sara P. Madavo (by consent)
Sara P. Madavo
Foley & Lardner LLP
90 Park Avenue
New York, New York 10016
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

/s/ Wendy Z. Zupac
Wendy Z. Zupac
Williams & Connolly LLP
725 12th St. NW
Washington, DC 20005
Telephone:
[phone]
Facsimile:
[phone]
Email:
[e-mail]

Counsel for Plaintiff Apotex Corp.

Counsel for Defendants Hospira Healthcare
India Private Limited and Hospira, Inc.

Encl.
Cc:

All counsel of record