Case Detail

FOIA Project Annotation: Judge Beryl Howell ruled that Pfizer and Perdue Pharma had shown that most records submitted to the Office of the Inspector General at the Department of Health and Human Services in compliance with Corporate Integrity Agreements arising from the companies' illegal off-label promotion of drugs are protected by Exemption 4 (confidential business information). In her earlier ruling, Howell had largely rejected Public Citizen's argument that the CIA records were not "commercial" because they concerned illegal activity on the part of the companies. While Howell had found earlier that the records were clearly "commercial," she had concerns about whether the two companies had adequately shown that disclosure could pose substantial competitive harm. This time, she found the records were clearly "confidential" and qualified for protection under Exemption 4. Describing the commercial nature of the documents, Howell noted that "both declarants state that the documents in question contain information about interactions between the companies' salespeople and customers, how the companies promote their products, and the way the companies implement their compliance programs." Howell explained that Public Citizen continued to make the argument that records that might reveal illegal activities could not be considered confidential. She observed instead that "even if the activities described in such records pertain to what may be deemed illegal conduct, the context of and facts about the activity revealed in the records may retain their commercial character, in terms of revealing closely held information about the companies' operations and structure that would be valuable to competitors." She pointed out that this was particularly true in a highly-regulated industry such as pharmaceuticals. She noted that the disputed records "are, in a sense, a free roadmap as to what works in pharmaceutical marketing without violating the legal framework of regulatory enforcement and laws that govern the industry, and what activities to avoid, and release of this roadmap would allow competitors to avoid incurring the experiential or monitoring costs Pfizer and Purdue did in gaining the information." She pointed out that "plaintiff is unable to overcome the substantial competitive advantage to be gained by the defendant-intervenors' competitors to be able to learn from Pfizer and Purdue's mistakes at little or no cost in capital or exposure to risk." Another category concerned detailing sessions, or verbatims, records that captured health care providers' recollections of conversations with salespeople. Howell found such records could provide critical competitive insights into the companies' operations. She noted that "a competitor wishing to obtain this information would, absent its release through the FOIA, have to pay a market research firm to conduct a similar survey, incurring the same expenses Pfizer incurred in the first instance. A competitor's ability to obtain the information at virtually no cost would cause competitive harm to Pfizer, since it could be used affirmatively by those competitors to challenge Pfizer's place in the market and exploit any vulnerability revealed through the verbatims' content." One category involved the way in which the companies identified individuals ineligible to participate in federal programs because of illegal behavior. Howell indicated that "there is, therefore, little doubt that a competitor could make use of the information to be gleaned about the defendant-intervenors' compliance programs from the reports of actions taken in response to the discovery of an Ineligible Person as well as the information to be gleaned about the companies' business practices and corporate structures."
Issues: Exemption 4 - Competitive harm, Exemption 4 - Confidential business information, Adequacy - Search

FOIA Project Annotation: Judge Beryl Howell has ruled that Pfizer and Perdue Pharma have shown that most records submitted to the Office of the Inspector General at the Department of Health and Human Services in compliance with Corporate Integrity Agreements arising from the companies' illegal off-label promotion of drugs are protected by Exemption 4 (confidential business information). In her earlier ruling, Howell had largely rejected Public Citizen's argument that the CIA records were not "commercial" because they concerned illegal activity on the part of the companies. While Howell had found earlier that the records were clearly "commercial," she had concerns about whether the two companies had adequately shown that disclosure could pose substantial competitive harm. This time, she found the records were clearly "confidential" and qualified for protection under Exemption 4. Describing the commercial nature of the documents, Howell noted that "both declarants state that the documents in question contain information about interactions between the companies' salespeople and customers, how the companies promote their products, and the way the companies implement their compliance programs." Howell explained that Public Citizen continued to make the argument that records that might reveal illegal activities could not be considered confidential. She observed instead that "even if the activities described in such records pertain to what may be deemed illegal conduct, the context of and facts about the activity revealed in the records may retain their commercial character, in terms of revealing closely held information about the companies' operations and structure that would be valuable to competitors." She pointed out that this was particularly true in a highly-regulated industry such as pharmaceuticals. She noted that the disputed records "are, in a sense, a free roadmap as to what works in pharmaceutical marketing without violating the legal framework of regulatory enforcement and laws that govern the industry, and what activities to avoid, and release of this roadmap would allow competitors to avoid incurring the experiential or monitoring costs Pfizer and Purdue did in gaining the information." She pointed out that "plaintiff is unable to overcome the substantial competitive advantage to be gained by the defendant-intervenors' competitors to be able to learn from Pfizer and Purdue's mistakes at little or no cost in capital or exposure to risk." Another category concerned detailing sessions, or verbatims, records that captured health care providers' recollections of conversations with salespeople. Howell found such records could provide critical competitive insights into the companies' operations. She noted that "a competitor wishing to obtain this information would, absent its release through the FOIA, have to pay a market research firm to conduct a similar survey, incurring the same expenses Pfizer incurred in the first instance. A competitor's ability to obtain the information at virtually no cost would cause competitive harm to Pfizer, since it could be used affirmatively by those competitors to challenge Pfizer's place in the market and exploit any vulnerability revealed through the verbatims' content." One category involved the way in which the companies identified individuals ineligible to participate in federal programs because of illegal behavior. Howell indicated that "there is, therefore, little doubt that a competitor could make use of the information to be gleaned about the defendant-intervenors' compliance programs from the reports of actions taken in response to the discovery of an Ineligible Person as well as the information to be gleaned about the companies' business practices and corporate structures."
Issues: Exemption 4 - Confidential business information

Date Filed	Doc #	Docket Text
2011-09-16	1	COMPLAINT against DEPARTMENT OF HEALTH AND HUMAN SERVICES ( Filing fee $ 350, receipt number 4616042290) filed by PUBLIC CITIZEN. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 09/19/2011)
2011-09-16		SUMMONS (3) Issued as to DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. Attorney and U.S. Attorney General (rdj) (Entered: 09/19/2011)
2011-09-16	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC CITIZEN identifying Corporate Parent NONE for PUBLIC CITIZEN. (rdj) (Entered: 09/19/2011)
2011-09-23	3	STANDING ORDER. Signed by Judge Beryl A. Howell on September 23, 2011. (lcbah1) (Entered: 09/23/2011)
2011-10-12	4	MOTION for Extension of Time to File Answer re 1 Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 10/12/2011)
2011-10-14		MINUTE ORDER (paperless) granting 4 Defendant's Motion for Extension of Time. The defendant shall have until October 31, 2011 to respond to the Complaint. Signed by Judge Beryl A. Howell on October 14, 2011. (lcbah1) (Entered: 10/14/2011)
2011-10-14		Set/Reset Deadlines: Response to Complaint due by 10/31/2011. (alg) (Entered: 10/17/2011)
2011-10-31	5	ANSWER to 1 Complaint by DEPARTMENT OF HEALTH AND HUMAN SERVICES.(Ross, Carl) (Entered: 10/31/2011)
2011-11-15	6	MOTION to Intervene by PFIZER INC. (Attachments: # 1 Exhibit Answer, # 2 Exhibit 7.1 Certificate)(jf, ) (Entered: 11/16/2011)
2011-11-18		MINUTE ORDER (paperless) granting 6 Pfizer Inc.'s Unopposed Motion to Intervene. The movant timely filed a motion to intervene as a defendant in this case, and has satisfied the grounds for intervention as a matter of right pursuant to Fed. R. Civ. P. 24(a). Further, neither the plaintiff nor the defendant opposes the movant's motion to intervene. Accordingly, Pfizer Inc. is hereby granted leave to intervene as a defendant in this case. Signed by Judge Beryl A. Howell on November 18, 2011. (lcbah1) (Entered: 11/18/2011)
2011-11-18	7	ANSWER to 1 Complaint by PFIZER INC..(znmw, ) (Entered: 11/21/2011)
2011-11-18	8	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PFIZER INC. (znmw, ) (Entered: 11/21/2011)
2011-11-23	9	NOTICE of Appearance by David M. Kerr on behalf of PFIZER INC. (Kerr, David) (Entered: 11/23/2011)
2011-11-29	10	MOTION to Intervene by PURDUE PHARMA L.P. (Attachments: # 1 Text of Proposed Order, # 2 Answer, # 3 Corporate Disclosure Statement)(dr) (Entered: 12/01/2011)
2011-12-07		MINUTE ORDER (paperless) granting 10 Purdue Pharma L.P.'s Unopposed Motion to Intervene. The movant timely filed a motion to intervene as a defendant in this case, and has satisfied the grounds for intervention as a matter of right pursuant to Fed. R. Civ. P. 24(a). Further, neither the plaintiff nor the defendant opposes the movant's motion to intervene. Accordingly, Purdue Pharma L.P. is hereby granted leave to intervene as a defendant in this case. Signed by Judge Beryl A. Howell on December 7, 2011. (lcbah1) (Entered: 12/07/2011)
2011-12-07	11	ANSWER to 1 Complaint by PURDUE PHARMA L.P.(rdj) (Entered: 12/08/2011)
2011-12-07	12	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PURDUE PHARMA L.P. identifying Corporate Parent NONE for PURDUE PHARMA L.P. (rdj) (Entered: 12/08/2011)
2011-12-15	13	NOTICE of Appearance by Adina Rosenbaum on behalf of PUBLIC CITIZEN (Rosenbaum, Adina) (Entered: 12/15/2011)
2011-12-22	14	Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Julie A. Murray, :Firm- Public Citizen Litigation Group, :Address- 1600 20th St NW, Washington, DC 20009. Phone No. - 202-588-1000. Fax No. - 202-588-7795 by PUBLIC CITIZEN (Attachments: # 1 Declaration of Julie A. Murray, # 2 Text of Proposed Order)(Zieve, Allison) (Entered: 12/22/2011)
2011-12-22	15	Joint MOTION for Briefing Schedule by DEPARTMENT OF HEALTH AND HUMAN SERVICES, PFIZER INC., PUBLIC CITIZEN, PURDUE PHARMA L.P. (Attachments: # 1 Text of Proposed Order)(Kerr, David) (Entered: 12/22/2011)
2011-12-23		MINUTE ORDER (paperless) granting 14 Motion for Leave to Appear Pro Hac Vice. Julie A. Murray is granted leave to appear pro hac vice. Signed by Judge Beryl A. Howell on 12/23/2011. (lcbah2) (Entered: 12/23/2011)
2011-12-23		MINUTE ORDER (paperless) granting 15 Joint Motion for Briefing Schedule. The defendant shall file a Vaughn index by March 6, 2012. The defendant shall file its motion for summary judgment by April 5, 2012. Each defendant-intervenor shall file its motion for summary judgment by April 12, 2012. The plaintiff shall file its opposition to any motion for summary judgment filed by the defendant or defendant-intervenors and its cross-motion for summary judgment by May 14, 2012. Each defendant and defendant-intervenor shall file a combined reply memorandum in support of any motion for summary judgment and its opposition to plaintiff's cross-motion for summary judgment by June 13, 2012. The plaintiff shall file a reply memorandum in support of its cross-motion for summary judgment by July 13, 2012. Signed by Judge Beryl A. Howell on 12/23/2011. (lcbah2) (Entered: 12/23/2011)
2011-12-23		Set/Reset Deadlines: The defendant shall file a Vaughn index by 3/06/2012; The defendant shall file its motion for summary judgment by 4/05/2012; Each defendant-intervenor shall file its motion for summary judgment by 4/12/2012; The plaintiff shall file its opposition to any motion for summary judgment filed by the defendant or defendant-intervenors and its cross-motion for summary judgment by 5/14/2012; Each defendant and defendant-intervenor shall file a combined reply memorandum in support of any motion for summary judgment and its opposition to plaintiff's cross-motion for summary judgment by 6/13/2012; The plaintiff shall file a reply memorandum in support of its cross-motion for summary judgment by 7/13/2012. (ad) (Entered: 12/23/2011)
2011-12-29	16	Mail Returned as undeliverable. sent to Ronald J. Tenpas; Type of Document Returned: 12/7/11 Minute Order; Resent at new address: No new address on file. (alp) (Entered: 12/29/2011)
2012-03-07	17	Unopposed MOTION for Extension of Time to File Vaughn Index by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 03/07/2012)
2012-03-07	18	Vaughn Index of Withheld Pfizer Inc. Documents . (Ross, Carl) (Entered: 03/07/2012)
2012-03-07	19	Vaughn Index of Withheld Purdue Pharma L.P. Documents . (Ross, Carl) (Entered: 03/07/2012)
2012-03-08		MINUTE ORDER (paperless) granting 17 Unopposed Motion for Extension of Time to File Vaughn Index. Signed by Judge Beryl A. Howell on March 8, 2012. (lcbah1) (Entered: 03/08/2012)
2012-04-04	20	NOTICE of Appearance by Julie A. Murray on behalf of PUBLIC CITIZEN (Murray, Julie) (Entered: 04/04/2012)
2012-04-05	21	Consent MOTION for Extension of Time to File Summary Judgment / Motion to Extend Briefing Schedule by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 04/05/2012)
2012-04-06		MINUTE ORDER (paperless) granting 21 Defendant's Consent Motion for Extension of Time / Motion to Extend Briefing Schedule. The defendant shall file its motion for summary judgment by April 12, 2012. Each defendant-intervenor shall file its motion for summary judgment by April 19, 2012. The plaintiff shall file its opposition to any motion for summary judgment filed by the defendant or defendant-intervenors and its cross-motion for summary judgment by May 21, 2012. Each defendant and defendant-intervenor shall file a combined reply memorandum in support of any motion for summary judgment and its opposition to plaintiff's cross-motion for summary judgment by June 20, 2012. The plaintiff shall file a reply memorandum in support of its cross-motion for summary judgment by July 20, 2012. Signed by Judge Beryl A. Howell on April 6, 2012. (lcbah1) (Entered: 04/06/2012)
2012-04-06		Reset Deadlines: Summary Judgment motions due by 4/12/2012. Response to Motion for Summary Judgment due by 5/21/2012. Reply to Motion for Summary Judgment due by 6/20/2012. Responses due by 7/20/2012 (tj ) (Entered: 04/06/2012)
2012-04-12	22	MOTION for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Exhibit 1 - 3, # 2 Exhibit 4 - 6, # 3 Text of Proposed Order)(Ross, Carl) (Entered: 04/12/2012)
2012-04-19	23	MOTION for Summary Judgment by PFIZER INC. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Kerr, David) (Entered: 04/19/2012)
2012-04-19	24	MOTION for Joinder in Defendant Department of Health and Human Services' Motion for Summary Judgment by PURDUE PHARMA L.P. (Calligaro, Lee) (Entered: 04/19/2012)
2012-05-11	25	MOTION for Extension of Time to File Cross-Motion for Summary Judgment and Opposition to Defendant's and Defendant-Intervenors' Motions for Summary Judgment / Motion to Extend Briefing Schedule by PUBLIC CITIZEN (Attachments: # 1 Text of Proposed Order)(Murray, Julie) (Entered: 05/11/2012)
2012-05-14		MINUTE ORDER (paperless) granting 25 Plaintiff's Unopposed Motion for Extension of Time / Motion to Extend Briefing Schedule. The plaintiff shall file its cross-motion for summary judgment and its opposition to the defendant's and defendant-intervenors' motions for summary judgment by May 31, 2012. Each defendant and defendant-intervenor shall file a combined reply memorandum in support of its motion for summary judgment and opposition to plaintiff's cross-motion for summary judgment by July 2, 2012. The plaintiff shall file a reply memorandum in support of its cross-motion for summary judgment by August 1, 2012. Signed by Judge Beryl A. Howell on May 14, 2012.(lcbah1) (Entered: 05/14/2012)
2012-05-16		Reset Deadlines: Cross Motions due by 5/31/2012; Response to Cross Motions due by 7/2/2012; Reply to Cross Motions due by 8/1/2012. (tj ) Modified on 5/16/2012 (jf, ). (Entered: 05/16/2012)
2012-05-31	26	Cross MOTION for Summary Judgment by PUBLIC CITIZEN (Attachments: # 1 Exhibit Declaration of Sidney Wolfe, # 2 Exhibit Declaration of Aaron Kesselheim, # 3 Exhibit Declaration of Julie A. Murray, # 4 Exhibit Declaration of Kevin Rodondi, # 5 Text of Proposed Order)(Murray, Julie) (Entered: 05/31/2012)
2012-05-31	27	Memorandum in opposition to re 22 MOTION for Summary Judgment, 23 MOTION for Summary Judgment, 24 MOTION for Joinder in Defendant Department of Health and Human Services' Motion for Summary Judgment filed by PUBLIC CITIZEN. (Attachments: # 1 Exhibit Declaration of Sidney Wolfe, # 2 Exhibit Declaration of Aaron Kesselheim, # 3 Exhibit Declaration of Julie A. Murray, # 4 Exhibit Declaration of Kevin Rodondi, # 5 Text of Proposed Order)(Murray, Julie) (Entered: 05/31/2012)
2012-07-02	28	Consent MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Summary Judgment, 26 Cross MOTION for Summary Judgment, 23 MOTION for Summary Judgment, 24 MOTION for Joinder in Defendant Department of Health and Human Services' Motion for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 07/02/2012)
2012-07-03		MINUTE ORDER (paperless) granting 28 Defendant's Consent Motion for Extension of Time/Motion to Extend the Briefing Schedule. The defendant and each defendant intervenor shall file their Reply and their Opposition to the plaintiff's Cross-Motion for Summary Judgment by July 6, 2012. The plaintiff shall file its Reply by August 13, 2012. Signed by Judge Beryl A. Howell on July 3, 2012. (lcbah1) (Entered: 07/03/2012)
2012-07-05		Set/Reset Deadlines: Defendant and each defendant intervenor's reply and opposition to plaintiff's cross motion for summary judgment due by 7/6/2012. Plaintiff's reply due by 8/13/2012. (tg, ) (Entered: 07/05/2012)
2012-07-06	29	Memorandum in opposition to re 26 Cross MOTION for Summary Judgment / Reply in Support of Defendant's Motion for Summary Judgment filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Attachments: # 1 Exhibit 1, # 2 Response to Plaintiff's Statement of Facts)(Ross, Carl) (Entered: 07/06/2012)
2012-07-06	30	NOTICE (Submission in Support of Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Cross Motion for Summary Judgment) by PURDUE PHARMA L.P. re 29 Memorandum in Opposition, (Calligaro, Lee) (Entered: 07/06/2012)
2012-07-06	31	Memorandum in opposition to re 26 Cross MOTION for Summary Judgment and Reply in Support of Defendant's Motion for Summary Judgment filed by PFIZER INC.. (Kerr, David) (Entered: 07/06/2012)
2012-07-06	33	REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (See Docket Entry 29 to view document. Counsel is instructed to docket the reply as a separate docket entry in the future)(rdj) (Entered: 07/10/2012)
2012-07-09	32	REPLY to opposition to motion re 23 MOTION for Summary Judgment filed by PFIZER INC.. (Kerr, David) (Entered: 07/09/2012)
2012-08-13	34	REPLY to opposition to motion re 26 Cross MOTION for Summary Judgment filed by PUBLIC CITIZEN. (Attachments: # 1 Exhibit Supplemental Declaration of Julie A. Murray)(Murray, Julie) (Entered: 08/13/2012)
2013-10-04	35	ORDER granting in part and denying in part the defendant's 22 Motion for Summary Judgment; granting in part and denying in part the defendant-intervenor's 23 Motion for Summary Judgment; granting in part and denying in part the defendant-intervenor's 24 Motion for Joinder; and granting in part and denying in part the plaintiff's 26 Motion for Summary Judgment. The parties are ORDERED to jointly file, by November 8, 2013, the following: (1) a status report that (a) provides a timeframe for production of the withheld records, which have been ordered released to the plaintiff, and (b) sets forth a list of the records remaining in dispute, in light of the Memorandum Opinion accompanying this Order, and identifying each such disputed record by a Bates number, or other unique identifier, and by citation to the particular page(s) of the Vaughn index where the disputed record is described; and (2) a proposed briefing schedule for any further proceedings in this matter, including deadlines for the submission of any renewed dispositive motions, supplementary Vaughn indices, or supplementary declarations. Signed by Judge Beryl A. Howell on October 4, 2013. (lcbah1) (Entered: 10/04/2013)
2013-10-04	36	MEMORANDUM AND OPINION regarding the defendant's 22 Motion for Summary Judgment; the defendant-intervenor's 23 Motion for Summary Judgment; the defendant-intervenor's 24 Motion for Joinder; and the plaintiff's 26 Cross-Motion for Summary Judgment. Signed by Judge Beryl A. Howell on October 4, 2013. (lcbah1) (Entered: 10/04/2013)
2013-10-04		Set/Reset Deadlines: Response to Court due by 11/8/2013. (tg, ) (Entered: 10/04/2013)
2013-10-17	37	MOTION for Reconsideration re 35 Order on Motion for Summary Judgment,, Order on Motion for Joinder,,,,,,,,,,,,,,,,, 36 Memorandum & Opinion, by PUBLIC CITIZEN (Attachments: # 1 Text of Proposed Order)(Murray, Julie) (Entered: 10/17/2013)
2013-11-01	38	Consent MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Reconsideration re 35 Order on Motion for Summary Judgment,, Order on Motion for Joinder,,,,,,,,,,,,,,,,, 36 Memorandum & Opinion, by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 11/01/2013)
2013-11-02		MINUTE ORDER (paperless) GRANTING nunc pro tunc the defendant and defendant-intervenors' 38 Consent Motion for Extension of Time to Respond to Plaintiff's Motion for Reconsideration. The defendant and defendant-intervenors shall, by November 15, 2013, file any opposition to the plaintiff's 37 Motion for Reconsideration. Signed by Judge Beryl A. Howell on November 2, 2013. (lcbah1) (Entered: 11/02/2013)
2013-11-04		Set/Reset Deadlines: Opposition to 37 Motion for Reconsideration due by 11/15/2013. (tg, ) (Entered: 11/04/2013)
2013-11-08	39	STATUS REPORT (Joint) by PUBLIC CITIZEN. (Attachments: # 1 Text of Proposed Order)(Murray, Julie) (Entered: 11/08/2013)
2013-11-12		MINUTE ORDER (paperless) AMENDING this Court's 35 Order, nunc pro tunc, as follows: (1) the defendant shall, within sixty-five (65) days of this Court's final order or judgment in this matter, produce the documents ordered disclosed to the plaintiff in this Court's 35 Order; and (2) postponing until resolution of the plaintiff's 37 Motion for Partial Reconsideration of October 4, 2013, Order and Memorandum Opinion, the setting of a schedule to govern further proceedings in this matter, including the submission of a list of records remaining in dispute. Signed by Judge Beryl A. Howell on November 12, 2013. (lcbah1) (Entered: 11/12/2013)
2013-11-15	40	Memorandum in opposition to re 37 MOTION for Reconsideration re 35 Order on Motion for Summary Judgment,, Order on Motion for Joinder,,,,,,,,,,,,,,,,, 36 Memorandum & Opinion, filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Ross, Carl) (Entered: 11/15/2013)
2013-11-15	41	Memorandum in opposition to re 37 MOTION for Reconsideration re 35 Order on Motion for Summary Judgment,, Order on Motion for Joinder,,,,,,,,,,,,,,,,, 36 Memorandum & Opinion, filed by PFIZER INC.. (Tenpas, Ronald) (Entered: 11/15/2013)
2013-11-15	42	Memorandum in opposition to re 37 MOTION for Reconsideration re 35 Order on Motion for Summary Judgment,, Order on Motion for Joinder,,,,,,,,,,,,,,,,, 36 Memorandum & Opinion, filed by PURDUE PHARMA L.P.. (Attachments: # 1 Text of Proposed Order)(Calligaro, Lee) (Entered: 11/15/2013)
2013-11-22	43	REPLY to opposition to motion re 37 MOTION for Reconsideration re 35 Order on Motion for Summary Judgment,, Order on Motion for Joinder,,,,,,,,,,,,,,,,, 36 Memorandum & Opinion, filed by PUBLIC CITIZEN. (Murray, Julie) (Entered: 11/22/2013)
2013-12-03	44	MEMORANDUM AND ORDER denying the plaintiff's 37 Motion for Reconsideration. See Order for further details. Signed by Judge Beryl A. Howell on December 3, 2013. (Attachments: # 1 Appendix 2009 Purdue Supplement) (lcbah1) (Entered: 12/03/2013)
2013-12-03		MINUTE ORDER (paperless) ENTERING the following SCHEDULING ORDER to control the timing of proceedings in this matter: By December 13, 2013, the parties shall jointly file a list of the records remaining in dispute, identified by Bates number or other unique identifier, and by citation to the particular page(s) of the Vaughn index where the disputed record is described. The defendant shall, by January 7, 2014, file a supplemental Vaughn index; the defendant-intervenors shall, by January 7, 2014, file any renewed motions for summary judgment and any supplementary declarations; and the defendant shall, by January 14, 2014, file any renewed motion for summary judgment. The plaintiff shall, by February 11, 2014, file any opposition and/or cross-motion for summary judgment in a single, combined pleading. The defendant and defendant-intervenors shall, by March 4, 2014, file any reply and opposition in a single, combined pleading. The plaintiff shall, by March 25, 2014, file a single, combined reply to the defendant and defendant-intervenors' pleadings. Signed by Judge Beryl A. Howell on December 3, 2013. (lcbah1) (Entered: 12/03/2013)
2013-12-03		Set/Reset Deadlines: List of records remaining in dispute due by 12/13/2013. Supplemental Vaughn Index due by 1/7/2014. Defendant-Intervenors' Renewed Summary Judgment motion due by 1/7/2014; Defendant's Motion for Summary Judgment due by 1/14/2014; Plaintiff's Cross-Motion and /or Opposition to Motion for Summary Judgment in a single pleading due by 2/11/2014; Defendant and Defendant Intervenors' Reply and Opposition in a single pleading due by 3/4/2014; Plaintiff's Reply in a single pleading to Defendant and Defendant-Intervenors's pleadings due by 3/25/2014. (tg, ) (Entered: 12/03/2013)
2013-12-09	45	Consent MOTION for Extension of Time to File Renewed Motions For Summary Judgment and Supplemental Vaughn Index by DEPARTMENT OF HEALTH AND HUMAN SERVICES, PFIZER INC., PURDUE PHARMA L.P. (Tenpas, Ronald) (Entered: 12/09/2013)
2013-12-09		MINUTE ORDER (paperless) GRANTING the defendant and defendant-intervenors' Consent Motion for Enlargement of Time. The defendant shall, by January 14, 2014, file a supplemental Vaughn index; the defendant-intervenors shall, by January 14, 2014, file any renewed motions for summary judgment and any supplementary declarations; and the defendant shall, by January 21, 2014, file any renewed motion for summary judgment. The plaintiff shall, by February 18, 2014, file any opposition and/or cross-motion for summary judgment in a single, combined pleading. The defendant and defendant-intervenors shall, by March 11, 2014, file any reply and opposition in a single, combined pleading. The plaintiff shall, by April 1, 2014, file a single, combined reply to the defendant and defendant-intervenors' pleadings. Signed by Judge Beryl A. Howell on December 9, 2013. (lcbah1) (Entered: 12/09/2013)
2013-12-11		Set/Reset Deadlines: Supplemental Vaughn index due by the defendant by 1/14/2014; defendant-intervenors' renewed motions for summary judgment and any supplementary declarations due by 1/14/2014; defendant's renewed motion for summary judgment due by 1/21/2014. Plaintiff's opposition and/or cross-motion for summary judgment due by 2/18/2014. Defendant's and defendant-intervenors' reply and opposition due by 3/11/2014. Plaintiff's combined reply to the defendant and defendant-intervenors' pleadings due by 4/1/2014. (tg, ) (Entered: 12/11/2013)
2013-12-13	46	STATUS REPORT JOINT list of the records remaining in dispute by PFIZER INC.. (Kerr, David) (Entered: 12/13/2013)
2014-01-14	47	MOTION for Summary Judgment by PFIZER INC. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Declaration, # 4 Declaration, # 5 Text of Proposed Order)(Tenpas, Ronald) (Entered: 01/14/2014)
2014-01-14	48	Vaughn Index Supplemental Vaughn Index of Withheld Pfizer Inc. Documents . (Ross, Carl) (Entered: 01/14/2014)
2014-01-14	49	Vaughn Index Supplemental Vaughn Index of Withheld Purdue Pharma L.P. Documents . (Ross, Carl) (Entered: 01/14/2014)
2014-01-14	50	MOTION for Summary Judgment (Renewed) by PURDUE PHARMA L.P. (Attachments: # 1 Text of Proposed Order, # 2 Declaration (Supplemental) of Bert Weinstein)(Calligaro, Lee) (Entered: 01/14/2014)
2014-01-22	51	MOTION for Summary Judgment Renewed Motion for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Ross, Carl) (Entered: 01/22/2014)
2014-02-10	52	MOTION for Extension of Time to File Renewed Cross-Motion for Summary Judgment and Opposition by PUBLIC CITIZEN (Attachments: # 1 Text of Proposed Order)(Murray, Julie) (Entered: 02/10/2014)
2014-02-10		MINUTE ORDER (paperless) GRANTING the plaintiff's 52 Consent Motion for Extension of Time and AMENDING the SCHEDULING ORDER of December 9, 2013 as follows: the plaintiff shall, by March 11, 2014, file any cross-motion for summary judgment and any reply to the defendant's 51 and defendant-intervenors' 47 and 50 Motions for Summary Judgment. The defendant and defendant-intervenors shall, by April 1, 2014, file any reply to the plaintiff's opposition and any opposition to the plaintiff's cross-motion. The plaintiff shall, by April 22, 2014, file any reply to the defendant and defendant-intervenors' opposition. Signed by Judge Beryl A. Howell on February 10, 2014. (lcbah1) (Entered: 02/10/2014)
2014-02-11		Set/Reset Deadlines: Plaintiff's Cross Motion and Reply to 51 , 47 and 50 Motions due by 3/11/2014; Defendant and Defendant Intervenors' Opposition to Cross Motion and Reply to Plaintiff's Opposition due 4/1/2014; Plaintiff's Reply to defendant and defendant-intervenors' opposition due by 4/22/2014. (tg, ) (Entered: 02/11/2014)
2014-03-11	53	Second MOTION for Summary Judgment by PUBLIC CITIZEN (Attachments: # 1 Declaration (Third) of Julie A. Murray, # 2 Text of Proposed Order)(Murray, Julie) (Entered: 03/11/2014)
2014-03-11	54	Memorandum in opposition to re 50 MOTION for Summary Judgment (Renewed) , 51 MOTION for Summary Judgment Renewed Motion for Summary Judgment , 47 MOTION for Summary Judgment filed by PUBLIC CITIZEN. (Attachments: # 1 Declaration (Third) of Julie A. Murray, # 2 Text of Proposed Order)(Murray, Julie) (Entered: 03/11/2014)
2014-03-24	55	Consent MOTION for Extension of Time to File Opposition to Renewed Motions for Summary Judgment and to Extend Briefing Schedule by PURDUE PHARMA L.P. (Attachments: # 1 Text of Proposed Order)(Calligaro, Lee) (Entered: 03/24/2014)
2014-03-24		MINUTE ORDER (paperless) GRANTING the defendant and defendant-intervenors' 55 Consent Motion For Extension of Time. The defendant and defendant-intervenors shall, by May 2, 2014, file any opposition to the plaintiff's 53 Second Motion for Summary Judgment and any reply to the plaintiff's 54 Opposition to the defendant and defendant-intervenors' 47 , 50 , and 51 Motions for Summary Judgment. The plaintiff shall, by May 30, 2014, file any reply. Signed by Judge Beryl A. Howell on March 24, 2014. (lcbah1) (Entered: 03/24/2014)
2014-03-25		Set/Reset Deadlines: Response to 53 Second Motion for Summary Judgment due by 5/2/2014; Reply due by 5/30/2014. Replies in support of 47 , 50 , and 51 Motions for Summary Judgment due by 5/2/2014. (tg, ) (Entered: 03/25/2014)
2014-05-02	56	Memorandum in opposition to re 53 Second MOTION for Summary Judgment filed by PFIZER INC.. (Tenpas, Ronald) (Entered: 05/02/2014)
2014-05-02	57	REPLY to opposition to motion re 47 MOTION for Summary Judgment filed by PFIZER INC.. (Tenpas, Ronald) (Entered: 05/02/2014)
2014-05-02	58	REPLY to opposition to motion re 53 Second MOTION for Summary Judgment filed by PURDUE PHARMA L.P.. (Attachments: # 1 Declaration of Bert Weinstein (Second Supplemental))(Calligaro, Lee) (Entered: 05/02/2014)
2014-05-05	59	MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment Renewed Motion for Summary Judgment , 53 Second MOTION for Summary Judgment by DEPARTMENT OF HEALTH AND HUMAN SERVICES (Attachments: # 1 Text of Proposed Order)(Ross, Carl) (Entered: 05/05/2014)
2014-05-05	60	Memorandum in opposition to re 53 Second MOTION for Summary Judgment filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Ross, Carl) (Entered: 05/05/2014)
2014-05-05		MINUTE ORDER (paperless) GRANTING nunc pro tunc the defendant's 59 Motion for Extension of Time to File Its Opposition to the Plaintiffs Motion for Summary Judgment and Reply Brief. The defendant's 60 Opposition to Plaintiff's Renewed Motion for Summary Judgment and Defendant's Reply in Support of Defendant's Renewed Motion for Summary Judgment is deemed timely filed. Signed by Judge Beryl A. Howell on May 5, 2014. (lcbah1) (Entered: 05/05/2014)
2014-05-05	61	REPLY to opposition to motion re 51 MOTION for Summary Judgment Renewed Motion for Summary Judgment filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (See docket entry 60 to view document)(rdj) (Entered: 05/14/2014)
2014-05-30	62	REPLY to opposition to motion re 53 Second MOTION for Summary Judgment filed by PUBLIC CITIZEN. (Murray, Julie) (Entered: 05/30/2014)
2014-07-07	63	NOTICE OF WITHDRAWAL OF APPEARANCE as to PFIZER INC.. Attorney David M. Kerr terminated. (Kerr, David) (Entered: 07/07/2014)
2014-08-12		MINUTE ORDER (paperless) DIRECTING the parties, by August 19, 2014, to submit jointly an update to the parties' 46 Joint List Of The Records Remaining In Dispute, in light of the subsequent cross-motions for summary judgment filed by the plaintiff, the defendant, and the defendant-intervenors. Such update shall include the following: (1) the Supplemental Vaughn Index number for each withheld record the plaintiff still claims was improperly withheld, referring to the 48 and 49 Supplemental Vaughn Indices filed on January 14, 2014; (2) the category of records, as identified in the 53 Plaintiff's Renewed Motion For Summary Judgment at 1, to which each withheld record in dispute corresponds; (3) the number of individual pages comprising each record remaining in dispute; (4) the Bates Number or range of Bates Numbers of each record remaining in dispute; and (5) the Bates Numbers or range of Bates Numbers comprising any and all records listed on the 46 Joint List Of The Records Remaining In Dispute that the plaintiff concedes have been withheld properly. The submission shall also include an index for any records withheld by Defendant-Intervenor Purdue regarding Ineligible Persons, regardless of whether the Ineligible Person referred to in such records was discovered by the screening program mandated by Defendant-Intervenor Purdue's Corporate Integrity Agreement. Signed by Judge Beryl A. Howell on August 12, 2014. (lcbah1) (Entered: 08/12/2014)
2014-08-12		Set/Reset Deadlines: Response to Order of the Court due by 8/19/2014. (tg, ) (Entered: 08/12/2014)
2014-08-19	64	RESPONSE TO ORDER OF THE COURT re Order,,,,, Parties' Update to Joint List of Records Remaining in Dispute / Second Supplemental Purdue Vaughn Index filed by DEPARTMENT OF HEALTH AND HUMAN SERVICES. (Ross, Carl) (Entered: 08/19/2014)
2014-09-05	65	MEMORANDUM OPINION regarding the defendant's 51 Renewed Motion for Summary Judgment; defendant-intervenor Pfizer Inc.'s 47 Renewed Motion for Summary Judgment; defendant-intervenor Purdue Pharma L.P.'s 50 Renewed Motion for Summary Judgment; and the plaintiff's 53 Renewed Motion for Summary Judgment. Signed by Judge Beryl A. Howell on September 5, 2014. (lcbah1) (Entered: 09/05/2014)
2014-09-05	66	ORDER GRANTING defendant-intervenor Pfizer Inc.'s 47 Motion for Summary Judgment; defendant-intervenor Purdue Pharma L.P.'s 50 Motion for Summary Judgment; and the defendant's 51 Motion for Summary Judgment; and DENYING the plaintiff's 53 Motion for Summary Judgment. See Order for further details. The Clerk is directed to close this case. Signed by Judge Beryl A. Howell on September 5, 2014. (lcbah1) (Entered: 09/05/2014)
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