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Case: 24-1295 Document: 93-1 Page: 1 Date Filed: 03/18/2024
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`UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
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`BCO-073
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`No. 24-1295
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`In Re: ACTAVIS HOLDCO U.S., INC., ET AL.,
` Petitioners
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`(E.D. Pa. No. 2-16-md-02724, )
`(E.D. Pa. No. 2-19-cv-02407)
`(E.D. Pa. No. 2-17-cv-03768)
`(E.D. Pa. No. 2-20-cv-03539)
`(JPML No. 2724)
`
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`Present: SHWARTZ, CHUNG, and SMITH, Circuit Judges
`
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`1. Petition for Writ of Mandamus filed by Petitioners Actavis Elizabeth LLC,
`Actavis Holdco US, Actavis Pharma Inc, Amneal Pharmaceuticals Inc, Amneal
`Pharmaceuticals LLC, Apotex Corp, Ara Aprahamian, Ascend Laboratories
`LLC, Aurobindo Pharma USA Inc, Bausch Health Americas Inc, Bausch
`Health US LLC, Mitchell S. Blashinsky, Douglas Boothe, James Brown,
`Maureen Cavanaugh, Citron Pharma LLC, Dr Reddys Laboratories Inc,
`Fougera Pharmaceuticals Inc, Glenmark Pharmaceuticals Inc USA, James
`Grauso, Kevin Green, Walter Kaczmarek, Lannett Co Inc, Lupin
`Pharmaceuticals Inc, Rajiv Malik, Mayne Pharma Inc, Mylan Inc, Mylan
`Pharmaceuticals Inc, James Nesta, Perrigo New York Inc, Dave Rekenthaler,
`Richard Rogerson, Sandoz Inc, Teva Pharmaceuticals USA Inc, Upsher-Smith
`Laboratories LLC, John Wesolowski, Wockhardt USA LLC, Marc Falkin and
`Zydus Pharmaceuticals (USA) Inc.;
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`2. Request by Petitioner Upsher-Smith Laboratories LLC for Oral Argument;
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`3. Response by Respondent States to Petition for Writ of Mandamus.
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`Respectfully,
`Clerk/tmm
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`_________________________________ORDER________________________________
`The foregoing Petition for a Writ of Mandamus is DENIED. Petitioners have not
`demonstrated that exceptional circumstances warrant the requested relief. See Cheney v.
`U.S. Dist. Court for Dist. of Columbia, 542 U.S. 367, 380-81 (2004). Our Court has
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`Case: 24-1295 Document: 93-1 Page: 2 Date Filed: 03/18/2024
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`recently emphasized the “high bar” that Petitioners face under the standard for obtaining
`mandamus relief. In re Abbott Laboratories, 2024 WL 1040669, at *4 (3d Cir. Feb. 22,
`2024). The request for oral argument is DENIED as moot.
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`Dated: March 18, 2024
`Tmm/cc: All Counsel of Record
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`s/ Cindy K. Chung
`Circuit Judge
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`By the Court,
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