AstraZeneca Pharmaceuticals LP v. Xavier Becerra et al, Docket No. 1:21-cv-00027 (D. Del. Jan 12, 2021), Court Docket

Court Dockets

U.S. District Court
District of Delaware (Wilmington)
CIVIL DOCKET FOR CASE #: 1:21-cv-00027-LPS

AstraZeneca Pharmaceuticals LP v. Xavier Becerra et al

DOCKET INFORMATION

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Date Filed:

Jan 12, 2021

Status:

Closed

Nature of suit:

899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision

Assigned to:

Judge Leonard P. Stark

Case in other court:

Third Circuit, 22-01676

Cause:

05:702 Administrative Procedure Act

Date terminated:

2022-03-11

Jurisdiction:

Federal Question

Jury demand:

None

Parties and Attorneys

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Plaintiff	AstraZeneca Pharmaceuticals LP Plaintiff
Representation
Michael P. Kelly McCarter & English, LLP Renaissance Centre 405 N. King Street, 8th Floor Wilmington, DE 19801 (302) 984-6300 Fax: (302) 984-6399 LEAD ATTORNEY ATTORNEY TO BE NOTICED	Alexandra M. Joyce McCarter & English, LLP Renaissance Centre 405 N. King Street, 8th Floor Wilmington, DE 19801 (302) 984-6392 Fax: (302) 450-4235 ajoyce@mccarter.com ATTORNEY TO BE NOTICED	Allon Kedem allon.kedem@arnoldporter.com PRO HAC VICE ATTORNEY TO BE NOTICED

Daniel M. Silver McCarter & English, LLP Renaissance Centre 405 N. King Street, 8th Floor Wilmington, DE 19801 (302) 984-6300 Fax: (302) 691-1260 dsilver@mccarter.com ATTORNEY TO BE NOTICED	Jeffrey L. Handwerker jeffrey.handwerker@arnoldporter.com PRO HAC VICE ATTORNEY TO BE NOTICED	Sally Pei sally.pei@arnoldporter.com PRO HAC VICE ATTORNEY TO BE NOTICED

Stephen K. Wirth Stephen.Wirth@arnoldporter.com PRO HAC VICE ATTORNEY TO BE NOTICED

Defendant	Alex M. Azar, II in his official capacity as Secretary of the U.S. Department of Health and Human Services TERMINATED: 07/09/2021 Defendant
Representation
Rachael Westmoreland 1100 L Street NW Washington, DC 20005 (202) 514-1280 rachael.westmoreland@usdoj.gov DOJ-Civ Federal Programs Branch LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant	Robert P. Charrow in his official capacity as General Counsel of the U.S. Department of Health and Human Services TERMINATED: 07/09/2021 Defendant
Representation
Rachael Westmoreland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant	Thomas J. Engels in his official capacity as Administrator of the Health Resources and Services Administration TERMINATED: 07/09/2021 Defendant
Representation
Rachael Westmoreland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant	U.S. Department of Health and Human Services Defendant
Representation
Kate Talmor 1100 L St NW Washington, DC 20002 (202) 616-8351 kate.talmor@usdoj.gov DOJ-Civ Federal Programs Branch LEAD ATTORNEY ATTORNEY TO BE NOTICED	Rachael Westmoreland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant	Health Resources and Services Administration Defendant
Representation
Kate Talmor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED	Rachael Westmoreland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant	Norris Cochran TERMINATED: 07/09/2021 Defendant
Representation
Rachael Westmoreland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant	Daniel J. Barry in his official capacity as Acting General Counsel of the U.S. Department of Health and Human Services Defendant
Representation
Kate Talmor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED	Rachael Westmoreland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant	Diana Espinosa in her official capacity as Acting Administrator of the Health Resources and Services Administration Defendant
Representation
Kate Talmor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED	Rachael Westmoreland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant	The American Hospital Association, 340B Health, America's Essential Hospitals, the Association of American Medical Colleges, the Children's Hospital Association, and the American Society of Defendant
Representation
Kate Talmor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED	Ariella Muller amuller@zuckerman.com PRO HAC VICE ATTORNEY TO BE NOTICED	Casey T.S. Jonas cjonas@zuckerman.com PRO HAC VICE ATTORNEY TO BE NOTICED

Jennifer L. Cree Landis Rath & Cobb LLP 919 Market Street, Suite 1800 P.O. Box 2087 Wilmington, DE 19899 (302) 467-4437 Fax: (302) 467-4450 cree@lrclaw.com ATTORNEY TO BE NOTICED	Margaret M. Dotzel mdotzel@zuckerman.com PRO HAC VICE ATTORNEY TO BE NOTICED	Rebecca Lyn Butcher Landis Rath & Cobb LLP 919 Market Street, Suite 1800 P.O. Box 2087 Wilmington, DE 19899 (302) 467-4400 butcher@lrclaw.com ATTORNEY TO BE NOTICED

William B. Schultz wschultz@zuckerman.com PRO HAC VICE ATTORNEY TO BE NOTICED

Defendant	Xavier Becerra in his official capacity as Secretary of the U.S. Department of Health and Human Services Defendant
Representation
Kate Talmor (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED	Rachael Westmoreland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amicus	Aaron Vandervelde Amicus
Representation
Steven J. Balick Ashby & Geddes 500 Delaware Avenue, 8th Floor P.O. Box 1150 Wilmington, DE 19801 (302) 654-1888 Fax: (302) 654-2067 sbalick@ashbygeddes.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Amicus	NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS, RYAN WHITE CLINICS FOR 340B ACCESS, LITTLE RIVERS HEALTH CARE, INC., AND WOMENCARE, INC., DBA FAMILYCARE HEALTH CENTER NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS, RYAN WHITE CLINICS FOR 340B ACCESS, LITTLE RIVERS HEALTH CARE, INC., AND WOMENCARE, INC., DBA FAMILYCARE HEALTH CENTER Amicus
Representation
Leslie B. Spoltore Obermayer Rebmann Maxwell & Hippel LLP 123 S. Justison Street, Suite 100 Wilmington, DE 19801 (302) 274-3062 Fax: (302) 655-1092 leslie.spoltore@obermayer.com LEAD ATTORNEY ATTORNEY TO BE NOTICED	Ronald S Connelly Ron.Connelly@PowersLaw.com PRO HAC VICE ATTORNEY TO BE NOTICED

Docket Entries

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Entry	Filed	PDF	Description
1	Jan 12, 2021	View	COMPLAINT filed against Alex M. Azar, II, Robert P. Charrow, Thomas J. Engels, Health Resources and Services Administration, U.S. Department of Health and Human Services - Magistrate Consent Notice to Pltf. ( Filing fee $ 402, receipt number ADEDC-3458393.) - filed by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibit A-H, # 2 Civil Cover Sheet)(sam) (Entered: 01/12/2021)
2	Jan 12, 2021	Request	Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (sam) (Entered: 01/12/2021)
3	Jan 12, 2021	Request	Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent AstraZeneca plc for AstraZeneca Pharmaceuticals LP filed by AstraZeneca Pharmaceuticals LP. (sam) (Entered: 01/12/2021)
4	Jan 12, 2021	View	Summonses Issued as to Robert P. Charrow, Thomas J. Engels, Health Resources and Services Administration, U.S. Department of Health and Human Services, Jeffrey A. Rosen (U.S. Attorney General), and David C. Weiss (U.S. Attorney). (Attachments: # 1 Summons- Robert P. Charrow, # 2 Summons- Thomas J. Engels, # 3 Summons- Health Resources and Services Administration, # 4 Summons- U.S. Department of Health and Human Services, # 5 Summons- Jeffrey A. Rosen, # 6 Summons- David C. Weiss)(sam) (Entered: 01/12/2021)
5	Jan 13, 2021	Request	MOTION for Pro Hac Vice Appearance of Attorney Allon Kedem, Jeffrey L. Handwerker, Sally L. Pei and Stephen K. Wirth - filed by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Pro Hac Certification of Allon Kedem, # 2 Pro Hac Certification of Jeffrey L. Handwerker, # 3 Pro Hac Certification of Sally L. Pei, # 4 Pro Hac Certification of Stephen K. Wirth)(Silver, Daniel) (Entered: 01/13/2021)
6	Jan 14, 2021	Request	SUMMONS Returned Executed on 1/13/21 as to David C. Weiss, U.S. Attorney for the District of Delaware, U.S. Department of Justice. (Silver, Daniel) (Entered: 01/14/2021)
7	Jan 15, 2021	Request	DECLARATION of Service of the Summons, Complaint, and Related Papers upon Defendant Alex M. Azar, II by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibits A - B)(Joyce, Alexandra) (Entered: 01/15/2021)
8	Jan 15, 2021	Request	DECLARATION of Service of Summons, Complaint, and Related Papers upon Defendant Robert P. Charrow by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibits A - B)(Joyce, Alexandra) (Entered: 01/15/2021)
9	Jan 15, 2021	Request	DECLARATION of Service of Summons, Complaint, and Related Papers upon Defendant U.S. Department of Health and Human Services by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibits A - B)(Joyce, Alexandra) (Entered: 01/15/2021)
10	Jan 15, 2021	Request	DECLARATION of Service of Summons, Complaint, and Related Papers upon Defendant Thomas J. Engels by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibits A - B)(Joyce, Alexandra) (Entered: 01/15/2021)
11	Jan 15, 2021	Request	DECLARATION of Service of Summons, Complaint, and Related Papers upon Defendant Health Resources and Services Administration by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibits A - B)(Joyce, Alexandra) (Entered: 01/15/2021)
12	Jan 19, 2021	Request	DECLARATION of Service of the Summons, Complaint, and Related Papers upon Jeffrey Rosen, Acting Attorney General at the U.S. Department of Justice by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibits A - B)(Joyce, Alexandra) (Entered: 01/19/2021)
	Jan 20, 2021		Case Assigned to Judge Leonard P. Stark. Please include the initials of the Judge (LPS) after the case number on all documents filed. (rjb) (Entered: 01/20/2021)
	Jan 20, 2021		SO ORDERED, re 5 MOTION for Pro Hac Vice Appearance of Attorney Allon Kedem, Jeffrey L. Handwerker, Sally L. Pei and Stephen K. Wirth filed by AstraZeneca Pharmaceuticals LP. Signed by Judge Leonard P. Stark on 1/20/21. (ntl) (Entered: 01/20/2021)
	Jan 20, 2021		Pro Hac Vice Attorney Allon Kedem for AstraZeneca Pharmaceuticals LP added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (sam) (Entered: 01/20/2021)
	Jan 21, 2021		Pro Hac Vice Attorney Jeffrey L. Handwerker for AstraZeneca Pharmaceuticals LP added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) (Entered: 01/21/2021)
	Jan 21, 2021		Pro Hac Vice Attorney Sally Pei for AstraZeneca Pharmaceuticals LP added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (myr) (Entered: 01/21/2021)
	Jan 21, 2021		Pro Hac Vice Attorney Stephen K. Wirth for AstraZeneca Pharmaceuticals LP added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) (Entered: 01/21/2021)
13	Feb 12, 2021	View	First AMENDED COMPLAINT against Health Resources and Services Administration, U.S. Department of Health and Human Services, Norris Cochran, Dan Barry, Diana Espinosa- filed by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibit A-M, # 2 Certificate of Service)(Silver, Daniel) (Entered: 02/12/2021)
14	Feb 12, 2021	Request	MOTION for Preliminary Injunction - filed by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Text of Proposed Order, # 2 Rule 7.1.1. Certification, # 3 Certificate of Service)(Silver, Daniel) (Entered: 02/12/2021)
15	Feb 12, 2021	Request	OPENING BRIEF in Support re 14 MOTION for Preliminary Injunction filed by AstraZeneca Pharmaceuticals LP.Answering Brief/Response due date per Local Rules is 2/26/2021. (Attachments: # 1 Certificate of Service)(Silver, Daniel) (Entered: 02/12/2021)
16	Feb 12, 2021	Request	DECLARATION re 14 MOTION for Preliminary Injunction of Odalys Caprisecca by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Certificate of Service)(Silver, Daniel) (Entered: 02/12/2021)
17	Feb 12, 2021	View	MOTION for Expedition - filed by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Text of Proposed Order, # 2 Rule 7.1.1. Certification, # 3 Certificate of Service)(Silver, Daniel) (Entered: 02/12/2021)
18	Feb 12, 2021	Request	Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Requesting Telephonic Status Conference - re 17 MOTION for Expedition , 14 MOTION for Preliminary Injunction . (Attachments: # 1 Certificate of Service)(Silver, Daniel) (Entered: 02/12/2021)
19	Feb 15, 2021	Request	ORAL ORDER: Having reviewed Plaintiff's motion for a preliminary injunction and motion to expedite, IT IS HEREBY ORDERED that: (i) Defendants shall, by no later than 5:00 p.m. on Thursday, February 18, file a letter brief, not to exceed five pages single-spaced, setting out their response to the motion to expedite and their position on how this case should proceed; (ii) Plaintiff shall, by no later than 12:00 p.m. on Friday, February 19 file a reply letter brief, not to exceed two pages single-spaced; and (iii) the Court will hold a status teleconference on Friday, February 19 at 4:30 p.m. Plaintiff shall make the arrangements for the call. ORDERED by Judge Leonard P. Stark on 2/15/21. (ntl) (Entered: 02/15/2021)
20	Feb 18, 2021	Request	NOTICE of Appearance by Rachael Westmoreland on behalf of All Defendants (Westmoreland, Rachael) (Entered: 02/18/2021)
21	Feb 18, 2021	View	Letter ANSWERING BRIEF in Opposition re 17 MOTION for Expedition filed by Dan Barry, Norris Cochran, Diana Espinosa, Health Resources and Services Administration, U.S. Department of Health and Human Services.Reply Brief due date per Local Rules is 2/25/2021. (Westmoreland, Rachael) (Entered: 02/18/2021)
22	Feb 19, 2021	Request	Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Motion to Expedite. (Attachments: # 1 Exhibit A)(Silver, Daniel) (Entered: 02/19/2021)
	Feb 19, 2021		Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 2/19/2021. (Court Reporter B. Gaffigan.) (ntl) (Entered: 02/19/2021)
23	Feb 23, 2021	Request	STIPULATION and Proposed Order re Joint Status Report and Proposed Briefing Schedule on Cross-Motions re Telephone Conference by AstraZeneca Pharmaceuticals LP. (Silver, Daniel) (Entered: 02/23/2021)
24	Feb 23, 2021	Request	DECLARATION of Service of Dan Barry made on February 15, 2021 by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibit A-B)(Joyce, Alexandra) (Entered: 02/23/2021)
25	Feb 23, 2021	Request	DECLARATION of Service of Norris Cochran made on February 15, 2021 by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibit A-B)(Joyce, Alexandra) (Entered: 02/23/2021)
26	Feb 23, 2021	Request	DECLARATION of Service for Diana Espinosa made on February 15, 2021 by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibit A-B)(Joyce, Alexandra) (Entered: 02/23/2021)
27	Feb 23, 2021	Request	DECLARATION of Service for U.S. Department of Heath and Human Services made on February 15, 2021 by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibit A-B)(Joyce, Alexandra) (Entered: 02/23/2021)
28	Feb 23, 2021	Request	DECLARATION of Service for Health Resources and Services Administration made on February 15, 2021 by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibit A-B)(Joyce, Alexandra) (Entered: 02/23/2021)
29	Feb 23, 2021	Request	DECLARATION of Service for Monty Wilkinson made on February 15, 2021 by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibit A-B)(Joyce, Alexandra) (Entered: 02/23/2021)
30	Feb 23, 2021	Request	SUMMONS Returned Executed on 2/15/2021 as to David C. Weiss, U.S. Attorney for the District of Delaware, U.S. Department of Justice. (Joyce, Alexandra) (Entered: 02/23/2021)
31	Feb 24, 2021	Request	SO ORDERED, re 23 STIPULATION and Proposed Order re Joint Status Report and Proposed Briefing Schedule on Cross-Motions -- An Oral Argument is set for 6/10/2021 at 1:30 PM in Courtroom 6B. Signed by Judge Leonard P. Stark on 2/24/21. (ntl) (Entered: 02/24/2021)
32	Feb 25, 2021	Request	Official Transcript of Telephone Conference on held on February 19, 2021 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or order/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/18/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/26/2021. (bpg) (Entered: 02/25/2021)
33	Feb 26, 2021	View	MOTION to Intervene - filed by The American Hospital Association, 340B Health, America's Essential Hospitals, the Association of American Medical Colleges, the Children's Hospital Association, and the American Society of Health-System Pharmacists. (Butcher, Rebecca) (Entered: 02/26/2021)
34	Feb 26, 2021	Request	DECLARATION re 33 MOTION to Intervene by The American Hospital Association, 340B Health, America's Essential Hospitals, the Association of American Medical Colleges, the Children's Hospital Association, and the American Society of. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N)(Butcher, Rebecca) (Entered: 02/26/2021)
35	Feb 26, 2021	Request	Disclosure Statement pursuant to Rule 7.1: identifying Corporate Parent The American Hospital Association, 340B Health, America's Essential Hospitals, the Association of American Medical Colleges, the Children's Hospital Association, and the American Society of Health-System Pharmacists for The American Hospital Association, 340B Health, America's Essential Hospitals, the Association of American Medical Colleges, the Children's Hospital Association, and the American Society of filed by The American Hospital Association, 340B Health, America's Essential Hospitals, the Association of American Medical Colleges, the Children's Hospital Association, and the American Society of. (Butcher, Rebecca) (Entered: 02/26/2021)
36	Mar 10, 2021	Request	MOTION for Pro Hac Vice Appearance of Attorney William B. Schultz, Margaret M. Dotzel, Casey Trombley-Shapiro Jonas, and Ariella Muller - filed by The American Hospital Association, 340B Health, America's Essential Hospitals, the Association of American Medical Colleges, the Children's Hospital Association, and the American Society of. (Attachments: # 1 Certification of William B. Schultz, # 2 Certification of Margaret M. Dotzel, # 3 Certification of Casey Trombley-Shapiro Jonas, # 4 Certification of Ariella Muller)(Butcher, Rebecca) (Entered: 03/10/2021)
	Mar 10, 2021		SO ORDERED, re 36 MOTION for Pro Hac Vice Appearance of Attorney William B. Schultz, Margaret M. Dotzel, Casey Trombley-Shapiro Jonas, and Ariella Muller filed by The American Hospital Association, 340B Health, America's Essential Hospitals, the Association of American Medical Colleges, the Children's Hospital Association, and the American Society of. Signed by Judge Leonard P. Stark on 3/10/21. (ntl) (Entered: 03/10/2021)
37	Mar 12, 2021	View	ANSWERING BRIEF in Opposition re 33 MOTION to Intervene filed by AstraZeneca Pharmaceuticals LP.Reply Brief due date per Local Rules is 3/19/2021. (Silver, Daniel) (Entered: 03/12/2021)
38	Mar 12, 2021	View	MEMORANDUM in Opposition re 33 MOTION to Intervene filed by Dan Barry, Norris Cochran, Diana Espinosa, Health Resources and Services Administration, U.S. Department of Health and Human Services.Reply Brief due date per Local Rules is 3/19/2021. (Westmoreland, Rachael) (Entered: 03/12/2021)
39	Mar 19, 2021	View	REPLY to Response to Motion re 33 MOTION to Intervene filed by The American Hospital Association, 340B Health, America's Essential Hospitals, the Association of American Medical Colleges, the Children's Hospital Association, and the American Society of. (Cree, Jennifer) (Entered: 03/19/2021)
40	Mar 23, 2021	Request	NOTICE of Filing Certified Administrative Record by Dan Barry, Norris Cochran, Diana Espinosa, Health Resources and Services Administration, U.S. Department of Health and Human Services (Attachments: # 1 Certification, # 2 Index, # 3 Part 1, # 4 Part 2, # 5 Part 3, # 6 Part 4, # 7 Part 5)(Westmoreland, Rachael) (Entered: 03/23/2021)
41	Mar 24, 2021	Request	REQUEST for Oral Argument by The American Hospital Association, 340B Health, America's Essential Hospitals, the Association of American Medical Colleges, the Children's Hospital Association, and the American Society of. (Cree, Jennifer) (Entered: 03/24/2021)
	Apr 1, 2021		Pro Hac Vice Attorneys William B. Schultz, Margaret M. Dotzel, Casey T.S. Jonas, Ariella Muller for the American Hospital Association, 340B Health, America's Essential Hospitals, the Association of American Medical Colleges, the Children's Hospital Association, and the American Society of added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (kmd) (Entered: 04/01/2021)
42	Apr 13, 2021	View	MOTION for Summary Judgment - filed by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Text of Proposed Order)(Silver, Daniel) (Entered: 04/13/2021)
43	Apr 13, 2021	View	OPENING BRIEF in Support re 42 MOTION for Summary Judgment filed by AstraZeneca Pharmaceuticals LP.Answering Brief/Response due date per Local Rules is 4/27/2021. (Attachments: # 1 Exhibit A)(Silver, Daniel) (Entered: 04/13/2021)
44	Apr 14, 2021	Request	MOTION (Unopposed Motion for Leave to File Brief as Amicus Curiae) - filed by Aaron Vandervelde. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Balick, Steven) (Entered: 04/14/2021)
45	Apr 16, 2021	Request	ORDER re 44 Unopposed Motion for Leave to File Brief as Amicus Curiae filed by Aaron Vandervelde. Signed by Judge Leonard P. Stark on 4/16/21. (ntl) (Entered: 04/16/2021)
46	Apr 16, 2021	Request	BRIEF of 340B Expert Aaron Vandervelde as Amicus Curiae and not in Support of any Party by Aaron Vandervelde. (Attachments: # 1 Exhibit A-E)(Balick, Steven) Modified on 4/16/2021 (ntl). (Entered: 04/16/2021)
47	Apr 20, 2021	Request	ORAL ORDER: IT IS HEREBY ORDERED that the Court will hear argument by teleconference on the motion to intervene (D.I. 33) on April 26, 2021 beginning at 11:00 a.m. Each side will be allocated up to fifteen (15) minutes to present its argument. Any party wishing to refer to slides or other materials shall provide a copy to the Court no later than 4:00 p.m. the day before the hearing. The parties can access the teleconference by dialing 877-336-1829 and using the access code 1408971. ORDERED by Judge Leonard P. Stark on 4/20/21. (ntl) (Entered: 04/20/2021)
48	Apr 21, 2021	Request	ORAL ORDER: For the upcoming argument by teleconference on the motion to intervene (D.I. 33) on April 26, 2021, IT IS HEREBY ORDERED that the allocated time for each side is increased to 20 minutes. The proposed intervenors will have 20 minutes to argue in favor of their motion, and Plaintiff and Defendants will also have 20 minutes (divided between them as they choose) to oppose the motion. ORDERED by Judge Leonard P. Stark on 4/21/21. (ntl) (Entered: 04/21/2021)
49	Apr 26, 2021	Request	NOTICE of Appearance by Jennifer L. Cree on behalf of The American Hospital Association, 340B Health, America's Essential Hospitals, the Association of American Medical Colleges, the Children's Hospital Association, and the American Society of (Cree, Jennifer) (Entered: 04/26/2021)
	Apr 26, 2021		Minute Entry for proceedings held before Judge Leonard P. Stark - Telephone Conference held on 4/26/2021. (Court Reporter B. Gaffigan.) (ntl) (Entered: 04/26/2021)
50	Apr 26, 2021	Request	ORAL ORDER: For the reasons explained during today's teleconference, IT IS HEREBY ORDERED that: (i) the Proposed Intervenors' motion to intervene (D.I. 33) is DENIED, and (ii) the parties and the Proposed Intervenors shall meet and confer and, no later than April 28, 2021, submit a joint status report. ORDERED by Judge Leonard P. Stark on 4/26/21. (ntl) (Entered: 04/26/2021)
51	Apr 28, 2021	Request	Official Transcript of Oral Argument by Telephone Conference held on April 26, 2021 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 5/19/2021. Redacted Transcript Deadline set for 6/1/2021. Release of Transcript Restriction set for 7/27/2021.(bpg) (Entered: 04/28/2021)
52	Apr 28, 2021	Request	Joint STATUS REPORT by AstraZeneca Pharmaceuticals LP. (Silver, Daniel) (Entered: 04/28/2021)
53	May 3, 2021	Request	ORAL ORDER: Having considered the joint status report (D.I. 52), IT IS HEREBY ORDERED that: (i) AHA Amici may file an amicus brief of no more than 20 pages no later than May 4, 2021, as the parties and AHA Amici agreed, and (ii) AHA Amici may file an amicus brief in reply of no more than 5 pages in accordance with the previously set schedule (D.I. 31). Any party or other amicus may seek leave to file additional short briefs (beyond those provided for by the current schedule) if they believe there is good cause to do so. IT IS FURTHER ORDERED that the oral argument currently scheduled for June 10, 2021, is rescheduled for June 7 beginning at 9:30 a.m. Argument will be held by videoconference, unless the parties jointly request that it be converted to an in-person proceeding. Plaintiff and Defendants will each be allocated 1 hour for argument and AHA Amici will have 15 minutes. Plaintiff and Defendants shall make arrangements for the videoconference, and no later than June 3, they shall submit by email to the Court (and not docket) a single letter containing all information for both the Court and the public to access the videoconference, including any necessary meeting numbers or passcodes. The Court will subsequently docket the information for public access, which shall permit the public to see and hear the argument without any ability to participate in or disrupt the proceedings. ORDERED by Judge Leonard P. Stark on 5/3/21. (ntl) (Entered: 05/03/2021)
54	May 4, 2021	View	OPENING BRIEF in Support Brief of American Hospital Association, 340B Health, Americas Essential Hospitals, Association of American Medical Colleges, Childrens Hospital Association, and American Society of Health-System Pharmacists as Amici Curiae in Support of Defendants filed by The American Hospital Association, 340B Health, America's Essential Hospitals, the Association of American Medical Colleges, the Children's Hospital Association, and the American Society of.Answering Brief/Response due date per Local Rules is 5/18/2021. (Butcher, Rebecca) (Entered: 05/04/2021)
55	May 4, 2021	Request	MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter , MOTION for Summary Judgment - filed by Dan Barry, Norris Cochran, Diana Espinosa, Health Resources and Services Administration, U.S. Department of Health and Human Services. (Westmoreland, Rachael) (Entered: 05/04/2021)
56	May 4, 2021	View	BRIEF (Combined Opening and Answering) re 55 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION for Summary Judgment , 42 MOTION for Summary Judgment filed by Dan Barry, Norris Cochran, Diana Espinosa, Health Resources and Services Administration, U.S. Department of Health and Human Services.Answering Brief/Response due date per Local Rules is 5/18/2021. Reply Brief due date per Local Rules is 5/11/2021. (Attachments: # 1 Exhibit Decl. of Kate Talmor)(Westmoreland, Rachael) (Entered: 05/04/2021)
57	May 4, 2021	View	DECLARATION re 54 Opening Brief in Support,, Of Rebecca L. Butcher in Support of Brief of American Hospital Association, 340B Health, Americas Essential Hospitals, Association of American Medical Colleges, Childrens Hospital Association, and American Society of Health-System Pharmacists as Amici Curiae in Support of Defendants by The American Hospital Association, 340B Health, America's Essential Hospitals, the Association of American Medical Colleges, the Children's Hospital Association, and the American Society of. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Butcher, Rebecca) (Entered: 05/04/2021)
58	May 4, 2021	Request	MOTION for Leave to permit Leslie Spoltore to File an Amicus Brief - filed by NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS, RYAN WHITE CLINICS FOR 340B ACCESS, LITTLE RIVERS HEALTH CARE, INC., AND WOMENCARE, INC., DBA FAMILYCARE HEALTH CENTER. (Spoltore, Leslie) (Entered: 05/04/2021)
59	May 4, 2021	View	REPLY BRIEF In Opposition To Plaintiffs Motion For Summary Judgement filed by NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS, RYAN WHITE CLINICS FOR 340B ACCESS, LITTLE RIVERS HEALTH CARE, INC., AND WOMENCARE, INC., DBA FAMILYCARE HEALTH CENTER. (Attachments: # 1 Appendix Index of Exhibits, # 2 Exhibit Exhibit A-K)(Spoltore, Leslie) (Entered: 05/04/2021)
60	May 4, 2021	Request	Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS, RYAN WHITE CLINICS FOR 340B ACCESS, LITTLE RIVERS HEALTH CARE, INC., AND WOMENCARE, INC., DBA FAMILYCARE HEALTH CENTER. (Spoltore, Leslie) (Entered: 05/04/2021)
61	May 5, 2021	Request	MOTION for Pro Hac Vice Appearance of Attorney Ronald S. Connelly - filed by NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS, RYAN WHITE CLINICS FOR 340B ACCESS, LITTLE RIVERS HEALTH CARE, INC., AND WOMENCARE, INC., DBA FAMILYCARE HEALTH CENTER. (Spoltore, Leslie) (Entered: 05/05/2021)
62	May 5, 2021	Request	MOTION for Pro Hac Vice Appearance of Attorney Matthew Sidney Freedus - filed by NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS, RYAN WHITE CLINICS FOR 340B ACCESS, LITTLE RIVERS HEALTH CARE, INC., AND WOMENCARE, INC., DBA FAMILYCARE HEALTH CENTER. (Spoltore, Leslie) (Entered: 05/05/2021)
63	May 5, 2021	Request	ORAL ORDER: Having considered the unopposed motion to file an amicus brief (D.I. 58), IT IS HEREBY ORDERED that the motion is GRANTED. ORDERED by Judge Leonard P. Stark on 5/5/21. (ntl) (Entered: 05/05/2021)
	May 6, 2021		SO ORDERED, re 62 MOTION for Pro Hac Vice Appearance of Attorney Matthew Sidney Freedus filed by NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS, RYAN WHITE CLINICS FOR 340B ACCESS, LITTLE RIVERS HEALTH CARE, INC., AND WOMENCARE, INC., DBA FAMILYCARE HEALTH CENTER; 61 MOTION for Pro Hac Vice Appearance of Attorney Ronald S. Connelly filed by NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS, RYAN WHITE CLINICS FOR 340B ACCESS, LITTLE RIVERS HEALTH CARE, INC., AND WOMENCARE, INC., DBA FAMILYCARE HEALTH CENTER. Signed by Judge Leonard P. Stark on 5/6/21. (ntl) (Entered: 05/06/2021)
64	May 14, 2021	Request	ORAL ORDER: IT IS HEREBY ORDERED that the hearing currently scheduled for June 7, 2021 (see D.I. 53), is rescheduled for June 9, starting at 12:30 p.m. The Court will recess from 2:00 to 4:00 p.m. to attend to other matters. Ordered by Judge Leonard P. Stark on 5/14/2021. (etg) (Entered: 05/14/2021)
65	May 14, 2021	Request	BRIEF (Combined Answering and Reply) re 55 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION for Summary Judgment , 42 MOTION for Summary Judgment filed by AstraZeneca Pharmaceuticals LP.Reply Brief due date per Local Rules is 5/21/2021. (Silver, Daniel) (Entered: 05/14/2021)
66	May 19, 2021	View	Emergency MOTION for Administrative Stay and, in the Alternative, for Expedition - filed by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibits 1-2, # 2 Local Rule 7.1.1 Certification, # 3 Proposed Order)(Silver, Daniel) (Entered: 05/19/2021)
67	May 19, 2021	View	Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding AstraZeneca's Emergency Motion for an Adminstrative Stay, or in the Alternative, for Expedition - re 66 Emergency MOTION for Administrative Stay and, in the Alternative, for Expedition . (Silver, Daniel) (Entered: 05/19/2021)
68	May 20, 2021	Request	ORAL ORDER: Having reviewed Plaintiff's emergency motion for an administrative stay (D.I. 66), IT IS HEREBY ORDERED that Defendants shall file a letter brief setting out their position, not to exceed five pages, no later than tomorrow, May 21 at 11:00 a.m., to which Plaintiff may reply, with a letter brief not to exceed two pages, no later than tomorrow at 6:00 p.m. Thereafter, the Court will determine how this case will proceed. ORDERED by Judge Leonard P. Stark on 5/20/21. (ntl) (Entered: 05/20/2021)
69	May 21, 2021	View	Letter ANSWERING BRIEF in Opposition re 66 Emergency MOTION for Administrative Stay and, in the Alternative, for Expedition filed by Alex M. Azar, II, Dan Barry, Robert P. Charrow, Norris Cochran, Thomas J. Engels, Diana Espinosa, Health Resources and Services Administration.Reply Brief due date per Local Rules is 5/28/2021. (Talmor, Kate) (Entered: 05/21/2021)
70	May 21, 2021	View	Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Motion for Administrative Stay or Expedition. (Silver, Daniel) (Entered: 05/21/2021)
71	May 24, 2021	Request	ORAL ORDER: Having considered the parties' briefing (see D.I. 66, 69, 70), IT IS HEREBY ORDERED that Plaintiff's motion for administrative stay and, in the alternative, for expedition (D.I. 66) is GRANTED IN PART, to the limited extent that the motions hearing set for June 9, 2021 is expedited and RESCHEDULED for Thursday, May 27 beginning at 1:00 p.m. The parties shall provide a joint letter with videoconference information (see D.I. 53) no later than May 25. In all other respects, Plaintiff's motion is DENIED. ORDERED by Judge Leonard P. Stark on 5/24/21. (ntl) (Entered: 05/24/2021)
72	May 24, 2021	Request	REPLY BRIEF of American Hospital Association, 340B Health, Americas Essential Hospitals, Association of American Medical Colleges, Childrens Hospital Association, and American Society of Health-System Pharmacists as Amici Curiae in Support of Defendants filed by The American Hospital Association, 340B Health, America's Essential Hospitals, the Association of American Medical Colleges, the Children's Hospital Association, and the American Society of. (Butcher, Rebecca) (Entered: 05/24/2021)
73	May 24, 2021	Request	DECLARATION re 72 Reply Brief, of Rebecca L. Butcher in Support of Reply Brief of American Hospital Association, 340B Health, Americas Essential Hospitals, Association of American Medical Colleges, Childrens Hospital Association, and American Society of Health-System Pharmacists as Amici Curiae in Support of Defendants by The American Hospital Association, 340B Health, America's Essential Hospitals, the Association of American Medical Colleges, the Children's Hospital Association, and the American Society of. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Butcher, Rebecca) (Entered: 05/24/2021)
74	May 24, 2021	Request	REPLY BRIEF re 55 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter MOTION for Summary Judgment filed by Dan Barry, Norris Cochran, Diana Espinosa, Health Resources and Services Administration, U.S. Department of Health and Human Services. (Attachments: # 1 Exhibit 1)(Westmoreland, Rachael) (Entered: 05/24/2021)
75	May 26, 2021	Request	Remark regarding the May 27, 2021 hearing -- 1) The Public can access the hearing by copying and pasting the following link into their web browser: https://mccarter.zoom.us/j/93933335669?pwd=QytUaG9iaEQ3b0FHTDNVY1dRME NRQT09 2) When prompted, enter the following code: 196063 3) Thereafter, the Public should be granted access to the hearing. Persons on this line will not be able to speak or otherwise participate during the hearing. 4) If the Public has any issues with the videoconference link, they may instead access the meeting using the following dial-in and passcode: Dial-In: 1-312-626-6799 Code: 939 3333 5669 One tap mobile dial-in: 13126266799,,93933335669# Again, persons on this line will not be able to speak or otherwise participate during the hearing, but are asked to mute their lines out of an abundance of caution. (ntl) (Entered: 05/26/2021)
	May 27, 2021		Minute Entry for proceedings held before Judge Leonard P. Stark - Oral Argument (by video) held on 5/27/2021. (Court Reporter B. Gaffigan.) (ntl) (Entered: 05/27/2021)
76	May 28, 2021	Request	Official Transcript of Zoom Oral Argument Hearing held on May 27, 2021 before Chief Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 6/18/2021. Redacted Transcript Deadline set for 6/28/2021. Release of Transcript Restriction set for 8/26/2021. (bpg) (Entered: 05/28/2021)
77	Jun 1, 2021	Request	Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq.. (Silver, Daniel) (Entered: 06/01/2021)
78	Jun 16, 2021	View	MEMORANDUM OPINION re 55 motion to dismiss. Signed by Judge Leonard P. Stark on 6/16/21. (ntl) (Entered: 06/16/2021)
79	Jun 16, 2021	View	ORDER re 78 Memorandum Opinion -- 55 MOTION to Dismiss is DENIED in part and GRANTED in part. Signed by Judge Leonard P. Stark on 6/16/21. (ntl) (Entered: 06/16/2021)
80	Jun 18, 2021	View	STIPULATION TO EXTEND TIME the Parties' Deadline to Submit a Joint Status Report to June 21, 2021 - filed by AstraZeneca Pharmaceuticals LP. (Silver, Daniel) (Entered: 06/18/2021)
81	Jun 18, 2021	View	NOTICE of by Dan Barry, Norris Cochran, Diana Espinosa, Health Resources and Services Administration, U.S. Department of Health and Human Services (Attachments: # 1 Exhibit 1)(Westmoreland, Rachael) (Entered: 06/18/2021)
82	Jun 21, 2021	View	Joint STATUS REPORT by AstraZeneca Pharmaceuticals LP. (Silver, Daniel) (Entered: 06/21/2021)
	Jun 21, 2021		SO ORDERED, re 80 STIPULATION TO EXTEND TIME the Parties' Deadline to Submit a Joint Status Report to June 21, 2021 filed by AstraZeneca Pharmaceuticals LP. Signed by Judge Leonard P. Stark on 6/21/21. (ntl) (Entered: 06/21/2021)
	Jun 24, 2021		Pro Hac Vice Attorney Ronald S. Connelly for NATIONAL ASSOCIATION OF COMMUNITY HEALTH CENTERS, RYAN WHITE CLINICS FOR 340B ACCESS, LITTLE RIVERS HEALTH CARE, INC., AND WOMENCARE, INC., DBA FAMILYCARE HEALTH CENTER added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk) (Entered: 06/24/2021)
83	Jun 30, 2021	View	MEMORANDUM ORDER re 42 MOTION for Summary Judgment filed by AstraZeneca Pharmaceuticals LP, 55 MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction Over the Subject Matter, MOTION for Summary Judgment filed by Diana Espinosa, Norris Cochran, Health Resources and Services Administration, Dan Barry, U.S. Department of Health and Human Services. Signed by Judge Leonard P. Stark on 6/30/2021. (etg) (Entered: 06/30/2021)
84	Jul 6, 2021	View	Joint STATUS REPORT and Stipulation and [Proposed] Order Regarding Second Amended Complaint and Briefing Schedule by AstraZeneca Pharmaceuticals LP. (Silver, Daniel) (Entered: 07/06/2021)
85	Jul 7, 2021	Request	SO ORDERED re 84 Joint STATUS REPORT and Stipulation and [Proposed] Order Regarding Second Amended Complaint and Briefing Schedule by AstraZeneca Pharmaceuticals LP. The Court shall hear Oral Argument on the motions on 9/14/2021 at 01:30 PM in Courtroom 6B before Judge Leonard P. Stark. Each side will have one hour. Signed by Judge Leonard P. Stark on 7/7/2021. (etg) (Entered: 07/07/2021)
86	Jul 9, 2021	View	Second AMENDED COMPLAINT against Dan Barry, Diana Espinosa, Health Resources and Services Administration, U.S. Department of Health and Human Services, Xavier Becerra- filed by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibits A-M)(Silver, Daniel) (Entered: 07/09/2021)
87	Jul 9, 2021	Request	EXHIBIT re 86 Amended Complaint, (Redline Comparison of First Amended Complaint and Second Amended Complaint) by AstraZeneca Pharmaceuticals LP. (Silver, Daniel) (Entered: 07/09/2021)
88	Jul 15, 2021	Request	MOTION for Leave to File (Unopposed) Administrative Record Manually - filed by Daniel J. Barry, Xavier Becerra, Diana Espinosa, Health Resources and Services Administration. (Attachments: # 1 Index of Certified Administrative Record, # 2 Certification of Administrative Record)(Westmoreland, Rachael) (Entered: 07/15/2021)
89	Jul 16, 2021	Request	ORAL ORDER: Having considered the government's unopposed motion to manually file the administrative record (D.I. 88 ), IT IS HEREBY ORDERED that the motion is GRANTED. ORDERED by Judge Leonard P. Stark on 7/16/21. (ntl) (Entered: 07/16/2021)
90	Jul 23, 2021	View	Second MOTION for Summary Judgment - filed by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Text of Proposed Order)(Silver, Daniel) (Entered: 07/23/2021)
91	Jul 23, 2021	View	OPENING BRIEF in Support re 90 Second MOTION for Summary Judgment filed by AstraZeneca Pharmaceuticals LP.Answering Brief/Response due date per Local Rules is 8/6/2021. (Silver, Daniel) (Entered: 07/23/2021)
92	Jul 23, 2021	View	MOTION for Summary Judgment - filed by Daniel J. Barry, Xavier Becerra, Diana Espinosa, Health Resources and Services Administration, U.S. Department of Health and Human Services. (Westmoreland, Rachael) (Entered: 07/23/2021)
93	Jul 23, 2021	View	OPENING BRIEF in Support re 92 MOTION for Summary Judgment filed by Daniel J. Barry, Xavier Becerra, Diana Espinosa, Health Resources and Services Administration, U.S. Department of Health and Human Services.Answering Brief/Response due date per Local Rules is 8/6/2021. (Westmoreland, Rachael) (Entered: 07/23/2021)
94	Aug 6, 2021	View	ANSWERING BRIEF in Opposition re 90 Second MOTION for Summary Judgment filed by Daniel J. Barry, Xavier Becerra, Diana Espinosa, Health Resources and Services Administration, U.S. Department of Health and Human Services.Reply Brief due date per Local Rules is 8/13/2021. (Westmoreland, Rachael) (Entered: 08/06/2021)
95	Aug 6, 2021	View	BRIEF (Combined Answering and Reply) re 92 MOTION for Summary Judgment , 90 Second MOTION for Summary Judgment filed by AstraZeneca Pharmaceuticals LP.Reply Brief due date per Local Rules is 8/13/2021. (Silver, Daniel) (Entered: 08/06/2021)
96	Aug 12, 2021	Request	ORAL ORDER: In light of the parties' agreed-upon case schedule (see D.I. 31), the Court's subsequent rulings on the merits (see D.I. 78, 79, 83), and the withdrawal of HHS's Advisory Opinion 20-06 (see D.I. 81), IT IS HEREBY ORDERED that AstraZeneca's motion for a preliminary injunction (D.I. 14) is DENIED WITHOUT PREJUDICE, and AstraZeneca's motion for expedition (D.I. 17) is DENIED AS MOOT. ORDERED by Judge Leonard P. Stark on 8/12/21. (ntl) (Entered: 08/12/2021)
97	Aug 16, 2021	Request	ORAL ORDER: IT IS HEREBY ORDERED that the oral argument on September 14, 2021 at 1:30 p.m. will be held remotely by videoconference. No later than September 13 at 4:00 p.m. the parties shall provide chambers with (i) the necessary information for it to connect to the hearing and (ii) a copy of any slides or demonstratives to which they may refer during the hearing. At the same time, the parties shall docket a public letter providing the necessary information to allow any member of the public to attend the hearing without having the ability to speak or interrupt the proceedings. ORDERED by Judge Leonard P. Stark on 8/16/21. (ntl) (Entered: 08/16/2021)
98	Aug 24, 2021	Request	ORAL ORDER: IT IS HEREBY ORDERED that the oral argument (by video) scheduled for September 14, 2021 is RESCHEDULED for October 18, 2021 at 3:00 p.m. ORDERED by Judge Leonard P. Stark on 8/24/21. (ntl) (Entered: 08/24/2021)
99	Sep 2, 2021	Request	NOTICE of Appearance by Kate Talmor on behalf of All Defendants (Talmor, Kate) (Entered: 09/02/2021)
100	Sep 24, 2021	View	Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Important Developments to the Litigation. (Attachments: # 1 Exhibit A-C)(Silver, Daniel) (Entered: 09/24/2021)
101	Oct 14, 2021	View	Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. - re 97 Order,,. (Silver, Daniel) (Main Document 101 replaced on 10/14/2021) (ntl). (Entered: 10/14/2021)
	Oct 14, 2021		CORRECTING ENTRY: Corrected letter added to D.I. 101 per request of counsel. (ntl) (Entered: 10/14/2021)
102	Oct 15, 2021	View	Letter to The Honorable Leonard P. Stark from Daniel M. Silver, Esq. regarding Case Developments. (Attachments: # 1 Attachment - Court Ruling)(Silver, Daniel) (Entered: 10/15/2021)
	Oct 18, 2021		Minute Entry for proceedings held before Judge Leonard P. Stark - Oral Argument held (by video) on 10/18/2021. (Court Reporter B. Gaffigan.) (ntl) (Entered: 10/20/2021)
103	Oct 22, 2021	Request	Official Transcript of Video Conference held on October 18, 2021 before Judge Leonard P. Stark. Court Reporter Brian Gaffigan, email: gaffigan@verizon.net. Transcript may be viewed at the court public terminal or ordered/purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 11/12/2021. Redacted Transcript Deadline set for 11/22/2021. Release of Transcript Restriction set for 1/20/2022. (bpg) (Entered: 10/22/2021)
104	Oct 25, 2021	View	Joint STATUS REPORT by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 PhRMA v. Becerra Complaint (Referenced In Joint Status Report))(Silver, Daniel) (Entered: 10/25/2021)
105	Oct 26, 2021	Request	ORAL ORDER: Having considered the parties' joint status report (D.I. 104), in which both sides requested the expeditious resolution of the parties' cross-motions for summary judgment (D.I. 90, 92), IT IS HEREBY ORDERED that the parties shall meet and confer and, no later than November 12, file another joint status report regarding any case developments. ORDERED by Judge Leonard P. Stark on 10/26/21. (ntl) (Entered: 10/26/2021)
106	Nov 2, 2021	Request	NOTICE of Supplemental Authority from Related Case by Daniel J. Barry, Xavier Becerra, Diana Espinosa, Health Resources and Services Administration, U.S. Department of Health and Human Services (Attachments: # 1 Exhibit Lilly Order on SJ)(Talmor, Kate) (Entered: 11/02/2021)
107	Nov 3, 2021	Request	Letter to The Honorable Leonard P. Stark from Daniel M. Silver regarding Defendants' Notice of Supplemental Authoritiy (DI 106). (Silver, Daniel) (Entered: 11/03/2021)
108	Nov 12, 2021	View	Joint STATUS REPORT by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Silver, Daniel) (Entered: 11/12/2021)
109	Jan 5, 2022	Request	ORAL ORDER: Having considered the parties' joint status report (D.I. 108), IT IS HEREBY ORDERED that the parties shall meet and confer and, no later than January 7, 2022, submit another joint status report. The joint status report may include any updates that the parties would like to share with the Court, including any further developments in related cases in other district courts, in the ADR proceedings, or in any interactions with the Office of the Inspector General regarding potential civil monetary penalties. ORDERED by Judge Leonard P. Stark on 1/5/22. (ntl) (Entered: 01/05/2022)
110	Jan 7, 2022	View	Joint STATUS REPORT by AstraZeneca Pharmaceuticals LP. (Joyce, Alexandra) (Entered: 01/07/2022)
111	Feb 14, 2022	Request	Letter to The Honorable Leonard P. Stark from Daniel M. SIlver, Esq. regarding further developments relevant to the Court's disposition of the litigation. (Attachments: # 1 Opinion)(Silver, Daniel) (Entered: 02/14/2022)
112	Feb 16, 2022	View	MEMORANDUM OPINION. Signed by Judge Leonard P. Stark on 2/16/22. (ntl) (Entered: 02/16/2022)
113	Feb 16, 2022	Request	ORDER re 112 Memorandum Opinion -- IT IS HEREBY ORDERED that the May 17, 2021 letter from HRSA to Plaintiff (see D.I. 66-1 Ex. 1) is VACATED and SET ASIDE. The letter is REMANDED to the agency for further consideration in light of the Court's Memorandum Opinion. Signed by Judge Leonard P. Stark on 2/16/22. (ntl) (Entered: 02/16/2022)
114	Feb 23, 2022	View	Joint STATUS REPORT Pursuant to the Court's Memorandum Opinion and Order (D.I. Nos. 112 and 113) by AstraZeneca Pharmaceuticals LP. (Attachments: # 1 AstraZeneca's Proposed Order and Final Judgment)(Silver, Daniel) (Entered: 02/23/2022)
115	Mar 11, 2022	View	ORDER AND FINAL JUDGMENT: 1. With respect to AstraZeneca's first and second claims in the Second Amended Complaint (D.I. 86, para. 152-65), AstraZeneca's first motion for summary judgment (D.I. 42) is DENIED WITHOUT PREJUDICE, and the government's first motion for summary judgment (D.I. 55) is DENIED WITHOUT PREJUDICE. (See D.I. 83, para. 3) 2. With respect to AstraZeneca's third claim in the Second Amended Complaint (D.I. 86, para. 166-73), AstraZeneca's first motion for summary judgment (D.I. 42) is GRANTED, and the government's first motion for summary judgment (D.I. 55) is DENIED. (See D.I. 83) 3. Advisory Opinion 20-06 on Contract Pharmacies Under the 340B Program (D.I. 40-3 at 1-8), issued by the general counsel of HHS on December 30, 2020, is SET ASIDE and VACATED. (See D.I. 83 para. 4) 4. With respect to AstraZeneca's fourth claim in the Second Amended Complaint (D.I. 86, para. 174-80), AstraZeneca's second motion for summary judgment (D.I. 90) is DENIED WITHOUT PREJUDICE, and the government's second motion for summary judgment (D.I. 92) is DENIED WITHOUT PREJUDICE. 5. With respect to AstraZeneca' s fifth and sixth claims in the Second Amended Complaint (D.I. 86 para. 181-93), AstraZeneca's second motion for summary judgment (D.I. 90) is GRANTED, and the government's second motion for summary judgment (D.I. 92) is DENIED. 6. The May 17, 2021 letter from HRSA to AstraZeneca (D.I. 66-1 Ex. 1) is VACATED and SET ASIDE, and the letter is REMANDED to the agency for further consideration in light of the Court's February 16, 2022 Memorandum Opinion. (See D.I. 113) 7. Any other requests for relief are DENIED AS MOOT. 8. The Clerk of the Court is directed to enter this Order and Final Judgment and to close this case forthwith. ***Civil Case Terminated. Signed by Judge Leonard P. Stark on 3/11/22. (ntl) (Entered: 03/11/2022)
116	Apr 12, 2022	View	NOTICE OF APPEAL of 113 Order, 115 Order, 112 Memorandum Opinion. Appeal filed by Alex M. Azar, II, Daniel J. Barry, Xavier Becerra, Robert P. Charrow, Norris Cochran, Thomas J. Engels, Diana Espinosa. (Talmor, Kate) (Entered: 04/12/2022)
117	Apr 18, 2022	Request	NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re 116 Notice of Appeal (Third Circuit) filed by Daniel J. Barry, Xavier Becerra, Diana Espinosa, Thomas J. Engels, Norris Cochran, Robert P. Charrow, Alex M. Azar, II. USCA Case Number 22-1676. USCA Case Manager: Kirsi (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (kr) (Entered: 04/18/2022)

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