Case 2:21-cv-13177 Document 1 Filed 06/30/21 Page 1 of 15 PageID: 1
`
`Liza M. Walsh
`Katelyn O’Reilly
`William T. Walsh, Jr.
`WALSH PIZZI O’REILLY FALANGA LLP
`Three Gateway Center
`100 Mulberry Street, 15th Floor
`Newark, NJ 07012
`(973) 757-1100
`
`Attorneys for Plaintiffs
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`
`
`
`
`ASTELLAS PHARMA INC.; ASTELLAS US
`LLC; ASTELLAS PHARMA US, INC.;
`MEDIVATION LLC; MEDIVATION
`PROSTATE THERAPEUTICS LLC; THE
`REGENTS OF THE UNIVERSITY OF
`CALIFORNIA,
`
`
`Plaintiffs,
`
`v.
`
`
`
`
`SANDOZ INC.
`
`Defendant.
`
`
`
`)
`)
`)
`)
`)
`)
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`)
`
`)
`) C.A. No.: _____________________
`)
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`
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`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiffs Astellas Pharma Inc., Astellas US LLC, and Astellas Pharma US, Inc.
`
`(collectively, “Astellas”), Medivation LLC and Medivation Prostate Therapeutics LLC
`
`(collectively, “Medivation”), and The Regents of the University of California (“The Regents”)
`
`(collectively, “Plaintiffs”), for their Complaint against Defendant Sandoz Inc. (“Sandoz”),
`
`hereby allege as follows:
`
`
`
`Liza M. Walsh
`Katelyn O’Reilly
`William T. Walsh, Jr.
`WALSH PIZZI O’REILLY FALANGA LLP
`Three Gateway Center
`100 Mulberry Street, 15th Floor
`Newark, NJ 07012
`(973) 757-1100
`
`Attorneys for Plaintiffs
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`
`
`
`
`ASTELLAS PHARMA INC.; ASTELLAS US
`LLC; ASTELLAS PHARMA US, INC.;
`MEDIVATION LLC; MEDIVATION
`PROSTATE THERAPEUTICS LLC; THE
`REGENTS OF THE UNIVERSITY OF
`CALIFORNIA,
`
`
`Plaintiffs,
`
`v.
`
`
`
`
`SANDOZ INC.
`
`Defendant.
`
`
`
`)
`)
`)
`)
`)
`)
`
`)
`
`)
`) C.A. No.: _____________________
`)
`
`)
`
`)
`
`)
`)
`)
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiffs Astellas Pharma Inc., Astellas US LLC, and Astellas Pharma US, Inc.
`
`(collectively, “Astellas”), Medivation LLC and Medivation Prostate Therapeutics LLC
`
`(collectively, “Medivation”), and The Regents of the University of California (“The Regents”)
`
`(collectively, “Plaintiffs”), for their Complaint against Defendant Sandoz Inc. (“Sandoz”),
`
`hereby allege as follows:
`
`
`
`Case 2:21-cv-13177 Document 1 Filed 06/30/21 Page 2 of 15 PageID: 2
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`THE PARTIES
`
`1.
`
`Plaintiff Astellas Pharma Inc. is a corporation organized and existing
`
`under the laws of Japan having its principal place of business at 2-5-1, Nihonbashi-Honcho,
`
`Chuo-Ku, Tokyo 103-8411, Japan.
`
`2.
`
`Plaintiff Astellas US LLC is a limited liability company organized and
`
`existing under the laws of the State of Delaware having its principal place of business at 1
`
`Astellas Way, Northbrook, Illinois 60062, United States.
`
`3.
`
`Plaintiff Astellas Pharma US, Inc. is a corporation organized and existing
`
`under the laws of the State of Delaware having its principal place of business at 1 Astellas Way,
`
`Northbrook, Illinois 60062, United States.
`
`4.
`
`Plaintiff Medivation LLC is a limited liability company organized and
`
`existing under the laws of the State of Delaware having its principal place of business at 235 East
`
`42nd Street, New York, New York 10017, United States.
`
`5.
`
`Plaintiff Medivation Prostate Therapeutics LLC is a limited liability
`
`company organized and existing under the laws of the State of Delaware having its principal
`
`place of business at 235 East 42nd Street, New York, New York 10017, United States.
`
`6.
`
`Plaintiff The Regents of the University of California is a public
`
`corporation organized and existing under the laws of the State of California operating under
`
`Article 9, Section 9 of the California Constitution, having its corporate offices located at 1111
`
`Franklin Street, Oakland, California 94607-5200, United States.
`
`7.
`
`On information and belief, Defendant Sandoz Inc. is a corporation
`
`organized and existing under the laws of Delaware, having places of business at One Health
`
`Plaza, Building 435, East Hanover, New Jersey, 07936, United States and 100 College Road
`
`West, Princeton, New Jersey 08540, United States.
`
`2
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`8.
`
`On information and belief, Sandoz is in the business of, among other
`
`things, manufacturing, marketing, importing, preparing, and selling generic pharmaceutical
`
`products that it distributes in the State of New Jersey and throughout the United States.
`
`NATURE OF THE ACTION
`
`9.
`
`This is a civil action for the infringement of United States Patent
`
`Nos. 7,709,517 (“the ’517 patent”) and 8,183,274 (“the ’274 patent”) (collectively, “the Xtandi®
`
`patents”) under the Patent Laws of the United States, 35 U.S.C. § 100 et seq., arising from
`
`Sandoz’s filing of Abbreviated New Drug Application (“ANDA”) No. 216068 with the United
`
`States Food and Drug Administration (“FDA”) seeking approval to market generic versions of
`
`the pharmaceutical products Xtandi® tablets, 40 and 80 mg, before the expiration of Plaintiffs’
`
`patents covering Xtandi® and its use.
`
`JURISDICTION AND VENUE
`
`10.
`
`This Court has jurisdiction over the subject matter of this action pursuant
`
`to 28 U.S.C. §§ 1331 and 1338.
`
`11.
`
`This Court has personal jurisdiction over Sandoz by virtue of the fact that,
`
`inter alia, Sandoz has committed the tortious act of patent infringement pursuant to 35 U.S.C.
`
`§ 271(e)(2)(A) that has led to foreseeable harm and injury to Plaintiffs in the State of New Jersey
`
`and throughout the United States.
`
`12.
`
`This Court has personal jurisdiction over Sandoz by virtue of the fact that
`
`Sandoz is at home in New Jersey as reflected by the fact that, on information and belief, it has
`
`places of business in New Jersey, regularly does or solicits business in New Jersey, engages in
`
`other persistent courses of conduct in New Jersey, and/or derives substantial revenue from
`
`services or things used or consumed in New Jersey, including by selling its pharmaceutical
`
`3
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`products in New Jersey and, therefore, can reasonably expect to be subject to jurisdiction in the
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`New Jersey courts. Among other things, on information and belief, Sandoz conducts marketing
`
`and sales activities in the State of New Jersey, including, but not limited to, distribution,
`
`marketing, and sales of pharmaceutical products to New Jersey residents that are continuous and
`
`systematic. On information and belief, if Sandoz’s ANDA No. 216068 is approved, it will
`
`market and sell its generic versions of Xtandi® tablets in New Jersey.
`
`13.
`
`This Court also has personal jurisdiction over Sandoz by virtue of the fact
`
`that Sandoz previously submitted to the jurisdiction of this Court and availed itself of this Court
`
`by consenting to this Court’s jurisdiction and asserting counterclaims in civil actions initiated in
`
`this jurisdiction including, but not limited to, e.g., Par Pharmaceutical, Inc. et al v. Sandoz Inc.,
`
`No. 3-18-cv-14895 (D.N.J.); Celgene Corporation v. Sandoz Inc., No. 3-18-cv-11026 (D.N.J.);
`
`Adamas Pharma, LLC v. Sandoz Inc., No. 3-18-cv-09032 (D.N.J.). Upon information and belief,
`
`Sandoz has previously submitted to the jurisdiction of this Court and has availed itself of the
`
`legal protections of the State of New Jersey by having filed suit in this jurisdiction. See, e.g.,
`
`Sandoz, Inc. v. Daiichi Sankyo, Inc. et al., No. 1-16-cv-00994 (D.N.J.).
`
`14.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391 and
`
`1400(b).
`
`THE XTANDI® TABLET NDA
`
`15.
`
`Astellas Pharma US, Inc. filed New Drug Application (“NDA”)
`
`No. 213674 for Xtandi® (enzalutamide) tablets, 40 mg and 80 mg. The FDA approved NDA
`
`No. 213674 for Xtandi® 40 mg and 80 mg tablets on August 4, 2020 for the treatment of patients
`
`with castration-resistant prostate cancer and metastatic castration-sensitive prostate cancer.
`
`4
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`Xtandi® tablets are sold and co-promoted by Astellas Pharma US, Inc. and Pfizer Inc. in the
`
`United States.
`
`16.
`
`Enzalutamide is a compound that can be referred to by any of several
`
`chemical names, including 4-{3-[4-cyano-3-(trifluoromethyl)phenyl]-5,5-dimethyl-4-oxo-2-
`
`sulfanylideneimidazolidin-1-yl}-2-fluoro-N-methylbenzamide, 4-{3-(4-cyano-3-
`
`(trifluoromethyl)phenyl)-5,5-dimethyl-4-oxo-2-thioxoimidazolidin-1-yl}-2-fluoro-N-
`
`methylbenzamide, 4-[3-[4-cyano-3-(trifluoromethyl)phenyl]-4-keto-5,5-dimethyl-2-thioxo-
`
`imidazolidin-1-yl]-2-fluoro-N-methyl-benzamide, and 4-[3-[4-cyano-3-(trifluoromethyl)phenyl]-
`
`5,5-dimethyl-4-oxo-2-sulfanylidene-1-imidazolidinyl]-2-fluoro-N-methylbenzamide, and which
`
`has the following chemical structure:
`
`THE PATENTS-IN-SUIT
`
`
`
`17.
`
`On May 4, 2010, the ’517 patent, entitled “Diarylhydantoin Compounds,”
`
`was duly and legally issued to The Regents. A true and correct copy of the ’517 patent is
`
`attached hereto as Exhibit A.
`
`18.
`
`On May 22, 2012, the ’274 patent, entitled “Treatment of
`
`Hyperproliferative Disorders with Diarylhydantoin Compounds,” was duly and legally issued to
`
`The Regents. A true and correct copy of the ’274 patent is attached hereto as Exhibit B.
`
`19.
`
`In accordance with 21 U.S.C. § 355(b)(1) and 21 C.F.R. § 314.53, the
`
`Xtandi® patents are listed in the FDA’s Approved Drug Products with Therapeutic Equivalence
`
`Evaluations (also known as the “Orange Book”) for Xtandi® 40 mg and 80 mg tablets.
`
`5
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`20.
`
`Pursuant to an agreement, as amended, entered into between Medivation,
`
`Inc., Medivation Prostate Therapeutics, Inc., and The Regents, Medivation, Inc. and Medivation
`
`Prostate Therapeutics, Inc. were granted an exclusive license to the ’517 and ’274 patents, with
`
`the right to sue for infringement of the Xtandi® patents in the United States.
`
`21.
`
`Pursuant to an agreement entered into between Astellas Pharma Inc.,
`
`Medivation, Inc., and Medivation Prostate Therapeutics, Inc., Astellas Pharma Inc. was granted
`
`an exclusive sublicense to the ’517 and ’274 patents, with the right to sue for infringement of the
`
`Xtandi® patents in the United States.
`
`22.
`
`Pursuant to an agreement entered into between Astellas Pharma Inc. and
`
`Astellas US LLC, Astellas US LLC was granted a sublicense to the ’517 and ’274 patents, with
`
`the right to sue for infringement of the Xtandi® patents in the United States.
`
`23.
`
`On September 28, 2016, Pfizer Inc. acquired Medivation, Inc. and its
`
`wholly owned subsidiary Medivation Prostate Therapeutics, Inc.
`
`24.
`
`On August 28, 2017, Medivation, Inc. filed a Certificate of Conversion
`
`with the Delaware Secretary of State, in which Medivation, Inc. converted from a corporation to
`
`a limited liability company and changed its name to Medivation LLC.
`
`25.
`
`On August 28, 2017, Medivation Prostate Therapeutics, Inc. filed a
`
`Certificate of Conversion with the Delaware Secretary of State, in which Medivation Prostate
`
`Therapeutics, Inc. converted from a corporation to a limited liability company and changed its
`
`name to Medivation Prostate Therapeutics LLC.
`
`CLAIMS FOR RELIEF – PATENT INFRINGEMENT
`
`26.
`
`By a letter dated May 18, 2021 (the “Sandoz Notice Letter”), Sandoz
`
`advised Astellas, The Regents, Medivation, and Pfizer that it had submitted ANDA No. 216068
`
`6
`
`
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`to the FDA seeking approval to manufacture, use, or sell enzalutamide 40 mg and 80 mg tablets
`
`(“Sandoz’s Generic Products”) prior to the expiration of the Xtandi® patents.
`
`27.
`
`On information and belief, Sandoz submitted ANDA No. 216068 to the
`
`FDA under § 505(j) of the Federal Food, Drug, and Cosmetic Act, seeking approval to engage in
`
`the commercial manufacture, use, and sale of Sandoz’s Generic Products as generic versions of
`
`Xtandi® 40 mg and 80 mg tablets.
`
`28.
`
`On information and belief, ANDA No. 216068 seeks FDA approval of
`
`Sandoz’s Generic Products for the indications of treatment of castration-resistant prostate cancer
`
`and metastatic castration-sensitive prostate cancer.
`
`29.
`
`The Sandoz Notice Letter also advised Astellas, The Regents, Medivation,
`
`and Pfizer that Sandoz’s ANDA submission included certifications under 21 U.S.C.
`
`§ 355(j)(2)(A)(vii)(IV) that, in Sandoz’s opinion, certain claims of the Xtandi® patents are
`
`invalid, unenforceable, and/or not infringed.
`
`30.
`
`The Sandoz Notice Letter does not allege invalidity of certain claims of
`
`the ’517 and ’274 patents.
`
`31.
`
`By not identifying invalidity defenses for certain claims of the ’517 and
`
`’274 patents in the Sandoz Notice Letter, Sandoz admits the claims of the ’517 and ’274 patents
`
`for which invalidity defenses have not been raised are valid.
`
`32.
`
`The Sandoz Notice Letter does not allege invalidity under 35 U.S.C.
`
`§§ 101 or 102, or unenforceability of any claim of the ’517 and ’274 patents.
`
`33.
`
`By not identifying invalidity defenses under 35 U.S.C. §§ 101 or 102, or
`
`unenforceability defenses for any of the ’517 and ’274 patents in the Sandoz Notice Letter,
`
`7
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`Sandoz admits the claims of those patents are valid under 35 U.S.C. §§ 101 and 102, and are
`
`enforceable.
`
`34.
`
`There is an actual, real, immediate, and justiciable controversy between
`
`Plaintiffs and Sandoz regarding the infringement, validity, and enforceability of the Xtandi®
`
`patents.
`
`35.
`
`Plaintiffs are commencing this action within 45 days of receiving the
`
`Sandoz Notice Letter pursuant to 21 U.S.C. § 355(j)(5)(B)(iii).
`
`COUNT I
`(Infringement Of The ’517 Patent)
`
`36.
`
`Plaintiffs incorporate each of the preceding paragraphs 1 to 35 as if fully
`
`set forth herein.
`
`37.
`
`By submitting ANDA No. 216068 to the FDA to obtain approval under
`
`the Food, Drug, and Cosmetic Act to engage in the commercial manufacture, use, offer for sale,
`
`sale, and/or importation of Sandoz’s Generic Products throughout the United States, including
`
`New Jersey, prior to expiration of the ’517 patent, Sandoz committed an act of infringement of
`
`the ’517 patent under 35 U.S.C. § 271(e)(2)(A).
`
`38.
`
`The ’517 patent claims, inter alia, the compound, and pharmaceutical
`
`compositions of, enzalutamide.
`
`39.
`
`On information and belief, Sandoz’s Generic Products, if approved by the
`
`FDA, will contain the compound enzalutamide and/or pharmaceutical compositions thereof,
`
`which will constitute infringement of claims of the ’517 patent.
`
`40.
`
`On information and belief, Sandoz’s manufacture, use, sale, offer for sale,
`
`and/or importation into the United States of Sandoz’s Generic Products prior to the expiration of
`
`the ’517 patent, including any applicable exclusivities or extensions, will directly infringe the
`
`8
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`’517 patent under 35 U.S.C. § 271(a). Sandoz will infringe one or more of the claims of the ’517
`
`patent.
`
`41.
`
`On information and belief, Sandoz’s Generic Products will infringe at
`
`least Claim 1 of the ’517 patent which recites “[a] compound selected from the group consisting
`
`of” a group of compounds including enzalutamide. On information and belief, Sandoz’s Generic
`
`Products will infringe Claim 1 of the ’517 patent because Sandoz’s Generic Products will contain
`
`enzalutamide.
`
`42.
`
`On information and belief, Sandoz was aware of the existence of the ’517
`
`patent and its listing in the Orange Book as demonstrated by Sandoz’s reference to the ’517
`
`patent in the Sandoz Notice Letter.
`
`43.
`
`On information and belief, Sandoz knows or should know that its
`
`commercial manufacture, use, offer for sale, sale, and/or importation of Sandoz’s Generic
`
`Products prior to patent expiry will infringe one or more claims of the ’517 patent.
`
`44.
`
`On information and belief, Sandoz’s statement of the factual and legal
`
`bases for its opinions regarding non-infringement and invalidity of the ’517 patent is devoid of
`
`an objective good faith basis in either the facts or the law. This case is exceptional.
`
`45.
`
`Plaintiffs will be substantially and irreparably harmed by the infringing
`
`activities described above unless those activities are precluded by this Court. Plaintiffs have no
`
`adequate remedy at law.
`
`COUNT II
`(Infringement Of The ’274 Patent)
`
`46.
`
`Plaintiffs incorporate each of the preceding paragraphs 1 to 45 as if fully
`
`set forth herein.
`
`9
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`47.
`
`By submitting ANDA No. 216068 to the FDA to obtain approval under
`
`the Food, Drug, and Cosmetic Act to engage in the commercial manufacture, use, offer for sale,
`
`sale, and/or importation of Sandoz’s Generic Products throughout the United States, including
`
`New Jersey, prior to expiration of the ’274 patent, Sandoz committed an act of infringement of
`
`the ’274 patent under 35 U.S.C. § 271(e)(2)(A).
`
`enzalutamide.
`
`48.
`
`49.
`
`The ’274 patent claims, inter alia, methods of treating prostate cancer with
`
`On information and belief, Sandoz’s Generic Products, if approved by the
`
`FDA, will be prescribed and administered to human patients to treat castration-resistant prostate
`
`cancer and metastatic castration-sensitive prostate cancer, which will constitute infringement of
`
`claims of the ’274 patent.
`
`50.
`
`On information and belief, Sandoz’s manufacture, use, sale, offer for sale,
`
`and/or importation into the United States of Sandoz’s Generic Products prior to the expiration of
`
`the ’274 patent, including any applicable exclusivities or extensions, will actively induce
`
`infringement of the ’274 patent under 35 U.S.C. § 271(b) and will constitute contributory
`
`infringement of the ’274 patent under 35 U.S.C. § 271(c). Sandoz will aid another in the
`
`infringement of one or more of the claims of the ’274 patent.
`
`51.
`
`On information and belief, Sandoz will infringe at least Claim 1 of the
`
`’274 patent which claims a “method for treating prostate cancer comprising administering a
`
`therapeutically effective amount of a compound” selected from a group of compounds including
`
`enzalutamide “or a pharmaceutically acceptable salt thereof to a subject in need of such
`
`treatment, thereby treating the prostate cancer.” On information and belief, Sandoz will infringe
`
`10
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`at least Claim 1 of the ’274 patent because Sandoz’s Generic Products will contain enzalutamide
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`and will be used to treat prostate cancer.
`
`52.
`
`On information and belief, Sandoz’s Generic Products will have
`
`instructions for use that substantially copy the instructions for Xtandi® tablets. Upon
`
`information and belief, the proposed labeling for Sandoz’s Generic Products will direct the use
`
`of Sandoz’s Generic Products for the following indications: treatment of patients with castration-
`
`resistant prostate cancer and treatment of patients with metastatic castration-sensitive prostate
`
`cancer.
`
`53.
`
`On information and belief, this directly infringing use will occur with
`
`Sandoz’s specific intent and encouragement, and will be a use that Sandoz knows or should
`
`know will occur.
`
`54.
`
`On information and belief, Sandoz will actively induce, encourage, aid,
`
`and abet this prescription and administration, with knowledge and specific intent that this use
`
`will be in contravention of Plaintiffs’ rights under the ’274 patent.
`
`55.
`
`On information and belief, Sandoz knows or should know Sandoz’s
`
`Generic Products will be especially made or especially adapted for use in a manner that will
`
`constitute infringement of the ’274 patent, and are not a staple article or commodity of commerce
`
`suitable for substantial non-infringing use.
`
`56.
`
`On information and belief, Sandoz knows or should know that its
`
`commercial manufacture, use, offer for sale, sale, and/or importation of Sandoz’s Generic
`
`Products prior to patent expiry will contribute to the direct infringement of one or more claims of
`
`the ’274 patent.
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`11
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`57.
`
`On information and belief, Sandoz’s acts will be performed with
`
`knowledge of the ’274 patent and with intent to encourage infringement prior to patent expiry.
`
`58.
`
`On information and belief, Sandoz was aware of the existence of the ’274
`
`patent and its listing in the Orange Book as demonstrated by Sandoz’s reference to the ’274
`
`patent in the Sandoz Notice Letter.
`
`59.
`
`On information and belief, Sandoz’s statement of the factual and legal
`
`bases for its opinions regarding non-infringement and invalidity of the ’274 patent is devoid of
`
`an objective good faith basis in either the facts or the law. This case is exceptional.
`
`60.
`
`Plaintiffs will be substantially and irreparably harmed by the infringing
`
`activities described above unless those activities are precluded by this Court. Plaintiffs have no
`
`adequate remedy at law.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiffs respectfully request the following relief:
`
`A.
`
`A judgment that Sandoz has infringed one or more claims of United States Patent
`
`Nos. 7,709,517 and 8,183,274 by submitting ANDA No. 216068 seeking FDA approval for the
`
`commercial manufacture, use, offer for sale, sale, and/or importation of Sandoz’s Generic
`
`Products before the expiration of the Xtandi® patents under 35 U.S.C. § 271(e)(2)(A);
`
`B.
`
`A judgment that Sandoz’s commercial manufacture, use, offer for sale, sale in,
`
`and/or importation into the United States of Sandoz’s Generic Products will infringe one or more
`
`claims of United States Patent Nos. 7,709,517 and 8,183,274 under 35 U.S.C. §§ 271(a), (b),
`
`and/or (c);
`
`C.
`
`A permanent injunction under 35 U.S.C. §§ 271(e)(4)(B) and/or 283 restraining
`
`and enjoining Sandoz, its officers, agents, servants, and employees, and those persons in active
`
`12
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`concert or participation with any of them, from engaging in the commercial manufacture, use,
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`offer for sale, sale in, and/or importation into the United States of Sandoz’s Generic Products
`
`prior to the expiration dates of United States Patent Nos. 7,709,517 and 8,183,274, inclusive of
`
`any extensions;
`
`D.
`
`An order under 35 U.S.C. § 271(e)(4)(A) that the effective date of any FDA
`
`approval of ANDA No. 216068 under Section 505(j) of the Federal Food, Drug, and Cosmetic
`
`Act (21 U.S.C. § 355(j)) shall be a date that is not earlier than the expiration dates of United
`
`States Patent Nos. 7,709,517 and 8,183,274, inclusive of any extensions;
`
`E.
`
`A declaration that this case is “exceptional” under 35 U.S.C. § 285 and an award
`
`of attorney fees;
`
`F.
`
`G.
`
`An award of costs and expenses in this action; and
`
`Such other and further relief as the Court may deem just and proper.
`
`_s/Liza M. Walsh_______________
`Liza M. Walsh
`Katelyn O’Reilly
`William T. Walsh, Jr.
`WALSH PIZZI O’REILLY FALANGA LLP
`Three Gateway Center
`100 Mulberry Street, 15th Floor
`Newark, NJ 07102
`(973) 757-1100
`
`Attorneys for Plaintiffs
`
`Dated: June 30, 2021
`
`OF COUNSEL:
`
`Dominick A. Conde (phv forthcoming)
`Erin J.D. Austin (phv forthcoming)
`VENABLE LLP
`1290 Avenue of the Americas
`New York, NY 10104-3800
`
`William E. Solander (phv forthcoming)
`Whitney L Meier (phv forthcoming)
`VENABLE LLP
`1270 Avenue of the Americas
`New York, NY 10020
`
`13
`
`
`
`Case 2:21-cv-13177 Document 1 Filed 06/30/21 Page 14 of 15 PageID: 14
`
`LOCAL RULE 11.2 CERTIFICATION
`
`I hereby certify that, to the best of my knowledge, the matter in controversy is not the
`
`subject of any other pending litigation in any court, administrative proceeding, or arbitration
`
`proceeding, nor are there any non-parties known to Plaintiffs that should be joined to this action.
`
`Dated: June 30, 2021
`
`s/Liza M. Walsh
`
`
`
`Liza M. Walsh
`Katelyn O’Reilly
`William T. Walsh, Jr.
`WALSH PIZZI O’REILLY FALANGA LLP
`Three Gateway Center
`100 Mulberry Street, 15th Floor
`Newark, New Jersey 07102
`(973) 757-110
`
`OF COUNSEL:
`Dominick A. Conde (phv forthcoming)
`Erin J.D. Austin (phv forthcoming)
`Venable LLP
`1290 Avenue of the Americas
`New York, NY 10104-3800
`
`William E. Solander (phv forthcoming)
`Whitney L Meier (phv forthcoming)
`Venable LLP
`1270 Avenue of the Americas
`New York, NY 10020
`
`
`
`
`
`
`14
`
`
`
`Case 2:21-cv-13177 Document 1 Filed 06/30/21 Page 15 of 15 PageID: 15
`
`LOCAL RULE 201.1 CERTIFICATION
`
`I hereby certify that the above-captioned matter is not subject to compulsory arbitration
`
`in that the Plaintiffs seek, inter alia, injunctive relief.
`
`Dated: June 30, 2021
`
`s/Liza M. Walsh
`
`Liza M. Walsh
`Katelyn O’Reilly
`William T. Walsh, Jr.
`WALSH PIZZI O’REILLY FALANGA LLP
`Three Gateway Center
`100 Mulberry Street, 15th Floor
`Newark, New Jersey 07102
`(973) 757-110
`
`OF COUNSEL:
`Dominick A. Conde (phv forthcoming)
`Erin J.D. Austin (phv forthcoming)
`Venable LLP
`1290 Avenue of the Americas
`New York, NY 10104-3800
`
`William E. Solander (phv forthcoming)
`Whitney L Meier (phv forthcoming)
`Venable LLP
`1270 Avenue of the Americas
`New York, NY 10020
`
`
`
`
`15
`
`
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