Case 2:18-cv-01479-KOB-HNJ Document 537 Filed 02/23/21 Page 1 of 5
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`FILED
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` 2021 Feb-23 PM 12:44
`U.S. DISTRICT COURT
`N.D. OF ALABAMA
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ALABAMA
`SOUTHERN DIVISION
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`Case No. 2:18-cv-01479-KOB-HJN
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`*UNOPPOSED*
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`ROCHE DIAGNOSTICS CORPORATION
`and ROCHE DIABETES CARE, INC.,
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`Plaintiffs,
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`v.
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`PRIORITY HEALTHCARE
`CORPORATION D/B/A PRIORITY CARE,
`et al.;
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`Defendants.
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`MOTION FOR ENTRY OF CONSENT JUDGMENT
`AND PERMANENT INJUNCTION
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`Plaintiffs Roche Diagnostics Corporation and Roche Diabetes Care, Inc.
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`(collectively, “Roche”) hereby move for the entry of the agreed Consent Judgment
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`and Permanent Injunction attached to this motion as Exhibit A to facilitate and carry
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`out a settlement agreement Roche has reached with the following parties:
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`Defendants Phillip Minga and Konie Minga (the “Mingas”); Wesley Minga, Kristen
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`Knotts, Daniel Baker, and Heather Baker (the “Minga Children”); Priority
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`Healthcare Corporation (“PHC” and, together with the entities listed in the marginal
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`note below,1 the “Corporate Defendants”); and Capital Asset Management, LLC,
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`1 The remaining Corporate Defendants are: Priority Care Pharmacy Solutions, LLC; Amory
`Discount Pharmacy, LLC; Priority Care Pharmacy 2, LLC; Vickers Priority Care Pharmacy, LLC;
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`Case 2:18-cv-01479-KOB-HNJ Document 537 Filed 02/23/21 Page 2 of 5
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`KJM Holdings, LLC, and Minga Investments, LLC (such entities collectively, the
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`“Asset-Holder Defendants,” and, together with the Mingas, the Minga Children, and
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`the Corporate Defendants, the “Defendants”).2 In support of this motion, Roche
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`states as follows:
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`1.
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`Roche and the Defendants listed above (together with Roche, the
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`“Parties”) have reached a full and complete settlement of all claims and issues raised
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`among them in this litigation. The terms of the settlement include a permanent
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`injunction against Defendants and their principals, agents, employees, directors,
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`officers, etc., generally prohibiting them from adjudicating, purchasing, selling,
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`distributing or dispensing Roche’s Accu-Check test strips.
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`2.
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`The terms of the settlement also include full payment of the
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`$43,331,950.55 (plus all interest having accrued) now being held by the Court in its
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`Main Street Drugs, LLC; Priority Care Professional Staffing LLC; Medpoint, Inc.; Medpoint,
`LLC; Medpoint Advantage, LLC; Medpoint Pharmacy Benefit Managers, LLC d/b/a Medpoint
`Pharmacy; Professional Healthcare Staffing, LLC; Vincent Priority Care Pharmacy, LLC d/b/a
`The Medicine Chest; and Burns Discount Drug Store LLC.
`2 Roche’s claims against Defendants William Austin and Daniel Knotts remain pending. In
`addition, a number of corporate defendants filed for Chapter 7 bankruptcy and are not parties to
`the agreement: Amory Priority Care Pharmacy, LLC; B&K Express Care Pharmacy, LLC; B&K
`Priority Care Pharmacy, LLC; Bowie’s Express Care Pharmacy, LLC; Bowie’s Priority Care
`Pharmacy, LLC; Burns Discount Drug Store, LLC (AR); Carbon Hill Express Care Pharmacy,
`LLC; Jasper Express Care Pharmacy, LLC; Medical Park Discount Pharmacy, LLC; Monroe
`Pharmacy Corporation; Ozark Family Pharmacy, LLC (AR); Ozark Family Pharmacy, LLC
`(DE); Priority Care Pharmacy, LLC; Priority Care Pharmacy Cotton Gin Point, LLC; Priority
`Care Pharmacy Services, LLC; Priority Express Care Pharmacy, LLC; Razorback Pharmacy
`Services, Inc.; Tombigbee Pharmacy, LLC; Vincent Express Care Pharmacy, LLC;
`Yellowhammer Pharmacy Services Corporation. Roche intends to seek dismissal of the claims
`against these corporate defendants in a separate filing.
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`Case 2:18-cv-01479-KOB-HNJ Document 537 Filed 02/23/21 Page 3 of 5
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`Registry Fund, to be paid to Patterson Belknap Webb & Tyler and to be distributed
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`in the manner set out in the proposed Consent Judgment and Permanent Injunction
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`attached as Exhibit A.3
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`3.
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`The Parties have agreed as part of their settlement to enter into the
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`proposed Consent Judgment and Permanent Injunction attached as Exhibit A, which
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`was necessary to ensure that the proposed relief is fully enforceable. The proposed
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`Consent Judgment and Permanent Injunction has been fully executed by all relevant
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`parties. Pursuant to the terms of the Consent Judgment and Permanent Injunction, it
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`is the unanimous request of the Parties that this Court sign and thus issue the Consent
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`Judgment and Permanent Injunction to effectuate the settlement agreement of the
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`Parties.
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`WHEREFORE, Roche moves the Court to issue the proposed Consent
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`Judgment and Permanent Injunction attached hereto as Exhibit A, and direct the
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`Clerk of Court to release the funds deposited in the Court’s Registry in accordance
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`with the Consent Judgment and Permanent Injunction.
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`February 23, 2021
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`DATED:
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`Respectfully submitted,
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`/s/ David J. Canupp
`Lanier Ford Shaver & Payne, P.C.
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`3 As noted in the proposed Consent Judgment and Permanent Injunction, Roche has entered a
`separate agreement with the United States of America and the State of Mississippi which will
`partially govern the distribution of funds deposed with Patterson Belknap Webb & Tyler.
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`Case 2:18-cv-01479-KOB-HNJ Document 537 Filed 02/23/21 Page 4 of 5
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`2101 West Clinton Avenue, Suite 102
`Huntsville, AL 35805
`Tel: 256-535-1100
`Fax: 256-533-9322
`djc@LanierFord.com
`Local Counsel for Plaintiffs
`Roche Diagnostics Corporation and
`Roche Diabetes Care, Inc.
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`/s/ Geoffrey Potter
`Geoffrey Potter
`Aron Fischer
`Tara J. Norris
`Patterson Belknap Webb & Tyler LLP
`1133 Avenue of the Americas
`New York, NY 10036-6710
`Tel: 212-336-2000
`Fax: 212-336-2222
`gpotter@pbwt.com
`afischer@pbwt.com
`tnorris@pbwt.com
`Counsel for Plaintiffs
`Roche Diagnostics Corporation and
`Roche Diabetes Care, Inc.
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`Case 2:18-cv-01479-KOB-HNJ Document 537 Filed 02/23/21 Page 5 of 5
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`CERTIFICATE OF SERVICE
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`The foregoing was filed electronically this 23rd day of February, 2021. Notice
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`of this filing will be sent to all attorneys of record by the Court’s CM/ECF system.
`The Declaration and Exhibits in support of this Memorandum will be filed with the
`Court by hand and served by electronic mail.
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`/s/ David J. Canupp
`David J. Canupp
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