`
`Charles M. Lizza
`William C. Baton
`
`--
`
`Ii.ThIIThcLIJZP
`
`One Riverfront Plaza, Suite 1520
`Newark, NJ 07 102-5426
`(973) 286-6700
`clizza@saul.com
`
`Attorneysfor Plaintff
`Celgene Corporation
`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`
`CELGENE CORPORATION,
`
`Plaintiff,
`
`Civil Action No. 17-3159 (ES)(JAD)
`
`(Filed Electronically)
`
`PAR PHARMACEUTICAL, INC., PAR
`PHARMACEUTICAL COMPANIES, INC.,
`TEVA PHARMACEUTICALS USA, INC.,
`and TEVA PHARMACEUTICAL
`INDUSTRIES LIMITED,
`
`Defendants.
`
`STIPULATION DISMISSING TEVA PHARMACEUTICAL INDUSTRIES LTD.
`
`Plaintiff Celgene Corporation (“Celgene”) and Defendants Teva Pharmaceuticals USA,
`
`Inc. (“Teva USA”) and Teva Pharmaceutical Industries Limited (“Teva Ltd.”) hereby stipulate,
`
`subject to approval of the Court, to dismiss the Complaint filed by Plaintiff against Teva Ltd. in
`
`the above-captioned action (“Action,” defined to include this action, any action that may result
`
`from case consolidation, or any lead case with which this action is associated). The Action will
`
`continue against Teva USA. It is further stipulated that this dismissal is without prejudice and is
`
`subject to the following conditions:
`
`
`
`Case 2:17-cv-03159-ES-MAH Document 16 Filed 06/27/17 Page 2 of 4 PageID: 296
`
`1.
`
`2.
`
`Teva Ltd. agrees to be bound by any Judgment, Order, or decision in this Action,
`
`Teva USA will answer or otherwise respond to the Complaint in this Action on or
`
`before August 7, 2017.
`
`3.
`
`Teva Ltd. and Teva USA stipulate that Teva Ltd.’s documents, witnesses, and
`
`information are in Teva USA’ s custody or control for purposes of discovery or requests for
`
`admission in this lawsuit, subject to Paragraph 4. To be clear, Teva Ltd. agrees that it will search
`
`for and provide discovery in response to discovery requests served on Teva USA in the Action as
`
`if the discovery were Teva USA’s own.
`
`4.
`
`If the parties agree that a Teva Ltd. employee is a necessary fact witness, the
`
`witness will be made available for deposition (at or near the witness’s work location) upon notice
`
`to Teva USA. Accordingly, there will be no need for (a) service of subpoenas; or (b) for
`
`witnesses located outside the United States, adherence to the procedures of the Hague
`
`Convention or other methods of foreign service. If the parties disagree as to whether the Teva
`
`Ltd. employee is a necessary fact witness, then the parties shall present the matter to the Court
`
`for resolution.
`
`In the event that the Court orders that the deposition of the Teva Ltd. employee
`
`shall be taken, then the Teva Ltd. employee will be made available for deposition (at or near the
`
`witness’s work location) pursuant to the Court’s Order, without requiring Plaintiffs to adhere to
`
`the procedures of the Hague Convention. Teva USA will also accept Fed. R. Civ. P. 30(b)(6)
`
`deposition notices containing topics directed to information that may be held by Teva Ltd., and
`
`any witness presented in response thereto shall investigate information in the possession,
`
`custody, or control of Teva Ltd. as necessary. Teva Ltd. further agrees to be bound by the
`
`resolution of discovery matters in this Action.
`
`2
`
`
`
`Case 2:17-cv-03159-ES-MAH Document 16 Filed 06/27/17 Page 3 of 4 PageID: 297
`
`5.
`
`Teva USA and Teva Ltd. agree that, for purposes of this Action only, they will
`
`such, will not move to dismiss the Action on the grounds that the U.S. District Court for the
`
`District of New Jersey lacks personal jurisdiction over Teva USA. Teva USA further agrees that
`
`it will not contest venue in the District of New Jersey in the Action and, as such, will not move to
`
`transfer the venue of the Action. Teva USA further agrees that it will not assert any defense
`
`under Federal Rule of Civil Procedure 19 or otherwise assert that Teva Ltd. is a necessary party.
`
`6.
`
`Teva Ltd. submits and consents to the personal jurisdiction of the District of New
`
`Jersey solely for purposes of enforcing this Stipulation and Order and to adjudicate or resolve
`
`any disputes regarding its terms, interpretation, application, or requirements.
`
`7.
`
`The terms of this Stipulation and Order are without prejudice to any claims,
`
`defenses, or counterclaims that may be asserted in the Action, except with respect to the issues of
`
`personal jurisdiction, venue, and/or necessary parties addressed in Paragraphs 5 and 6 herein.
`
`8.
`
`The case caption should be amended to read as follows: “Celgene Corporation v.
`
`Par Pharmaceutical, Inc., Par Pharmaceutical Companies, Inc., and Teva Pharmaceuticals USA,
`
`Inc., Civil Action No. 17-3 159 (ES)(JAD),” as follows:
`
`Civil Action No. 17-3159 (ES)(JAD)
`
`CELGENE CORPORATION,
`
`Plaintiff,
`
`V.
`
`PAR PHARMACEUTICAL, INC., PAR
`PHARMACEUTICAL COMPANIES, INC.,
`and TEVA PHARMACEUTICALS USA,
`INC.,
`
`Defendants.
`
`3
`
`
`
`Case 2:17-cv-03159-ES-MAH Document 16 Filed 06/27/17 Page 4 of 4 PageID: 298
`
`Dated: June 22, 2017
`
`Charles M. Lizza
`William C. Baton
`SAuL EwiNG LLP
`One Riverfront Plaza, Suite 1520
`Newark, NJ 07 102-5426
`(973) 286-6700
`
`Attorneysfor Plaintiff
`Celgene Corporation
`
`SO
`
`RED:
`
`Jon. Esthe
`
`al
`
`, U.S.D.J.
`
`-
`
`Liza M. Walsh
`Christine I. Gannon
`WALSH Pizzi O’REILLY FALANGA LLP
`One Riverfront Plaza
`1037 Raymond Blvd., 6th Floor
`Newark, NJ 07102
`(973) 757-1100
`(973) 757-1090
`
`Attorneysfor Defendants
`Teva Pharmaceuticals USA, Inc. and
`Teva Pharmaceutical Industries Ltd.
`
`4
`
`