Providence, City of v. Medicis Pharmaceutical Corporation et al

Filing 41

TRANSFER ORDER re: pldg. ( 1 in MDL No. 2503) Transferring 9 action(s) to Judge Denise J. Casper in the D. Massachusetts.Signed by Judge John G. Heyburn II, Chairman, PANEL ON MULTIDISTRICT LITIGATION, on 2/25/2014. Associated Cases: MDL No. 2503, AZ/2:13-cv-01952, MA/1:13-cv-12225, MA/1:13-cv-12435, MA/1:13-cv-12517, PAE/2:13-cv-04235, PAE/2:13-cv-04270, PAE/2:13-cv-04642, PAE/2:13-cv-04659, PAE/2:13-cv-05021, PAE/2:13-cv-05097, PAE/2:13-cv-05105, PAE/2:13-cv-05108 (DP)

UNITED STATES JUDICIAL PANEL
on
MULTIDISTRICT LITIGATION

IN RE: SOLODYN (MINOCYCLINE HYDROCHLORIDE)
ANTITRUST LITIGATION

MDL No. 2503

TRANSFER ORDER

Before the Panel:* Pursuant to 28 U.S.C. § 1407, defendants1 in twelve antitrust actions
relating to anticompetitive conduct in the market for minocycline hydrochloride seek centralization
of this litigation in the District of Arizona or, alternatively, the Eastern District of Pennsylvania. This
litigation currently consists of twelve actions pending in the District of Arizona, the District of
Massachusetts, and the Eastern District of Pennsylvania, as listed on Schedule A.2
All the responding parties support centralization, but disagree as to the transferee district.
Plaintiffs in eight Eastern District of Pennsylvania end-payor cases support centralization in the
Eastern District of Pennsylvania. Plaintiff in the Eastern District of Pennsylvania Rochester Drug
direct purchaser action supports centralization in the Eastern District of Pennsylvania or, alternatively,
the District of Massachusetts. Plaintiff in the District of Arizona action suggests centralization in
District of Arizona or the District of Massachusetts. Plaintiffs in the three District of Massachusetts
actions support centralization in the District of Massachusetts.
On the basis of the papers filed and the hearing session held, we find that these actions involve
common questions of fact, and that centralization under Section 1407 in the District of Massachusetts
will serve the convenience of the parties and witnesses and promote the just and efficient conduct of
this litigation. These actions are purported nationwide class actions alleging that defendants violated

*

Judges Paul J. Barbadoro and Lewis A. Kaplan took no part in the decision of this matter.

1

Medicis Pharmaceutical Corp. and Valeant Pharmaceuticals International, Inc.; and generic
defendants Impax Laboratories, Inc.; Lupin Ltd. and Lupin Pharmaceuticals, Inc.; Mylan Inc. and
Matrix Laboratories Ltd.; Ranbaxy Pharmaceuticals, Inc., Ranbaxy Inc., and Ranbaxy Laboratories,
Ltd.; Sandoz Inc.; Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc. and Barr
Laboratories, Inc.
2

The parties have notified the Panel of an additional related action pending in the Eastern
District of Pennsylvania. This action and any other related actions are potential tag-along actions.
See Panel Rule 7.1.

-2federal and state antitrust laws by excluding generic competition for Solodyn3 through, among other
things: filing sham patent litigation and baseless citizen petitions with the Food and Drug
Administration, entering into reverse payment agreements in which Medicis allegedly agreed to pay
the generic manufacturer defendants substantial sums in exchange for delaying entry of their less
expensive generic versions of Solodyn into the market, and enacting a “product-hopping” scheme in
which Medicis unnecessarily introduced varying dosages of Solodyn in an effort to deplete demand
for approved generic dosages. Centralization will eliminate duplicative discovery; prevent
inconsistent pretrial rulings, including with respect to class certification; and conserve the resources
of the parties, their counsel and the judiciary.
Given that this litigation involves the alleged anticompetitive conduct of several
pharmaceutical manufacturers concerning a prescription drug that has been widely marketed
throughout the nation, any number of districts could serve as the transferee district. On balance, we
conclude that the District of Massachusetts is an appropriate transferee district for this litigation. This
district offers a forum that is both convenient and accessible for the parties and witnesses, particularly
for the numerous defendants that are based along the East Coast.
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the actions listed on
Schedule A and pending outside the District of Massachusetts are transferred to the District of
Massachusetts and, with the consent of that court, assigned to the Honorable Denise J. Casper for
coordinated or consolidated pretrial proceedings with the actions pending there.

PANEL ON MULTIDISTRICT LITIGATION

_________________________________________
John G. Heyburn II
Chairman
Marjorie O. Rendell
Sarah S. Vance

3

Charles R. Breyer
Ellen Segal Huvelle

Solodyn (minocycline hydrochloride) is a tetracycline antibiotic that is prescribed for the
treatment of non-nodular moderate to severe acne.

IN RE: SOLODYN (MINOCYCLINE HYDROCHLORIDE)
ANTITRUST LITIGATION

MDL No. 2503

SCHEDULE A

District of Arizona
City of Providence, Rhode Island v. Medicis Pharmaceutical Corp., et al.,
C.A. No. 2:13-01952
District of Massachusetts
Ahold USA, Inc. v. Medicis Pharmaceutical Corp., et al., C.A. No. 1:13-12225
International Union of Operating Engineers Stationary Engineers Local 39 Health &
Welfare Trust Fund v. Medicis Pharmaceutical Corp. et al., C.A. No. 1:13-12435
Painters District Council No. 30 Health and Welfare Fund v. Medicis Pharmaceutical
Corp., et al., C.A. No. 1:13-12517
Eastern District of Pennsylvania
United Food and Commercial Workers Local 1776 & Participating Employers Health
and Welfare Fund v. Medicis Pharmaceutical Corp., et al., C.A. No. 2:13-04235
Rochester Drug Co-Operative, Inc. v. Medicis Pharmaceutical Corp., et al.,
C.A. No. 2:13-04270
Local 274 Health & Welfare Fund v. Medicis Pharmaceutical Corp., et al.,
C.A. No. 2:13-04642
Sheet Metal Workers Local No. 25 Health & Welfare Fund v. Medicis Pharmaceutical
Corp., et al., C.A. No. 2:13-04659
Fraternal Order of Police, Fort Lauderdale Lodge 31, Insurance Trust Fund v. Medicis
Pharmaceutical Corp., et al., C.A. No. 2:13-05021
Heather Morgan v. Medicis Pharmaceutical Corp., et al., C.A. No. 2:13-05097
Plumbers & Pipefitters Local 178 Health & Welfare Trust Fund v. Medicis
Pharmaceutical Corp., et al., C.A. No. 2:13-05105
International Union of Operating Engineers Local 132 Health and Welfare Fund v.
Medicis Pharmaceutical Corp., et al., C.A. No. 2:13-05108