`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`JAZZ PHARMACEUTICALS, INC. and
`JAZZ PHARMACEUTICALS IRELAND
`LIMITED,
`
`Plaintiffs,
`
`v.
`
`AMNEAL PHARMACEUTICALS, LLC, et al.,
`
`Defendants.
`
`JAZZ PHARMACEUTICALS, INC. and
`JAZZ PHARMACEUTICALS IRELAND
`LIMITED,
`
`Plaintiffs,
`
`v.
`
`WATSON LABORATORIES, INC.,
`
`Defendant.
`
`Consolidated Civil Action
`No. 13-391-ES-JAD
`
`Civil Action No. 16-1505-ES-JAD
`
`(Filed Electronically)
`
`STIPULATION AND CONSOLIDATION ORPER
`
`WHEREAS, Plaintiffs Jazz Pharmaceuticals, Inc. and Jazz Pharmaceuticals Ireland
`
`Limited (collectively, "Jazz") initiated Civil Action No. 16-1505-ES-JAD alleging infringement
`
`of United States Patent No. 9,050,302 by Defendant Watson Laboratories, Inc.'s ("Watson")
`
`submission of Abbreviated New Drug Application ("ANDA") No. 204952 to the U.S. Food and
`
`Drug Administration for regulatory approval of a 500 mg/ML sodium oxybate oral solution;
`
`WHEREAS, this cause of action is substantially related to the consolidated litigation
`
`initiated by Jazz captioned Jazz Pharmaceuticals, et al. v. Amneal Pharmaceuticals, LLC et al.,
`
`Civil Action No. 13-391-ES-JAD (consolidated), which is also before this Court;
`
`
`
`Case 2:13-cv-00391-ES-JAD Document 305 Filed 06/28/16 Page 2 of 3 PageID: 5501
`
`WHEREAS, the parties have agreed to the consolidation of Civil Action No. 16-1505-
`
`ES-JAD with Civil Action No. 13-391-ES-JAD (consolidated) for all purposes;
`
`WHEREAS, the parties have agreed that Initial Disclosures related to the '302 patent
`
`shall be served on June 27, 2016; Jazz shall serve its disclosure of Asserted Claims of the '302
`
`patent on Watson on June 27, 2016; Watson shall serve its Invalidity Contentions and Non-
`
`Infringement Contentions for the '302 patent on June 28, 2016; and the Scheduling Order
`
`entered in Civil Action No. 13-391-ES-JAD (consolidated) under Docket Entry 215, as amended
`
`by Docket Entry 293 and Docket Entry 301, shall apply to the remainder of the case now
`
`proceeding under Civil Action No. 16-1505-ES-JAD;
`
`WHEREAS, the parties have agreed to be bound by the Discovery Confidentiality Order
`
`entered in Civil Action No. 13-391-ES-JAD (consolidated) under Docket Entry 144 or any
`
`subsequent amendments thereto;
`
`WHEREAS, good cause exists to consolidate this action with Civil Action No. 13-391-
`
`ES-JAD;
`
`WHEREFORE, Jazz and Watson, by their attorneys, respectfully request that this Court
`
`consolidate Civil Action No. 16-1505-ES-JAD with Civil Action No. 13-391-ES-JAD for all
`
`purposes and that all of the papers in these consolidated actions shall be filed and maintained in
`
`Civil Action No. 13-391-ES-JAD.
`
`
`
`Case 2:13-cv-00391-ES-JAD Document 305 Filed 06/28/16 Page 3 of 3 PageID: 5502
`
`Dated: June 27, 2016
`
`Respectfully submitted,
`
`By: s/ Charles M. Lizza
`Charles M. Lizza
`William C. Baton
`SAUL EWING LLP
`One Riverfront Plaza, Suite 1520
`Newark, New Jersey 07102-5426
`(973) 286-6700
`clizza@saul.com
`
`Of Counsel:
`
`F. Dominic Cerrito
`Eric C. Stops
`Evangeline Shih
`Gabriel P. Brier
`Andrew S. Chalson
`Frank C. Calvosa
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison A venue, 22nd Floor
`New York, New York 10010
`(212) 849-7000
`
`Richard G. Greco
`RICHARD G. GRECO PC
`90 State Street, Suite 700
`Albany, New York 12207
`(212) 203-7625
`
`Attorneys for Plaintiffs
`Jazz Pharmaceuticals, Inc. and
`Jazz Pharmaceuticals Ireland Limited
`
`Respectfully submitted,
`
`By: s/ Liza M. Walsh
`Liza M. Walsh
`Tricia O'Reilly
`Katelyn O'Reilly
`WALSH PIZZI O'REILLY
`FALANGALLP
`103 7 Raymond Blvd, 6th Floor
`Newark, NJ 07102
`(973) 757-1100
`
`Of Counsel:
`
`Gary E. Hood (pro hac vice)
`Mark T. Deming (pro hac vice)
`Khurram Naik (pro hac vice)
`POLSINELLI PC
`161 North Clark Street, Suite 4200
`Chicago, Illinois 60601
`(312) 819-1900
`
`Robyn Ast-Gmoser (pro hac vice)
`POLSINELLI PC
`100 S. Fourth Street
`Suite 1000
`St. Louis, MO 63102
`(314) 889-8000
`
`Attorneys for Defendant
`Watson Laboratories, Inc.
`
`-;\~
`IT IS SO ORDERED this d ~-::::...
`
`cc: Hon. Esther Salas, U.S.D.J.
`
`2016.
`
`day of ~-<-rSl-
`Ho~if.S.M.J.
`
`
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