IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
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`IN RE: INSULIN PRICING LITIGATION Case No. 2:23-md-3080
` MDL No. 3080
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`JUDGE BRIAN R. MARTINOTTI
`JUDGE LEDA DUNN WETTRE
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`THIS DOCUMENT RELATES TO: ALL CASES
`[PROPOSED] CASE MANAGEMENT ORDER # 23
`(Procedures Following ECF No. 707)
`This Case Management Order applies to all Parties and their counsel in (a) all actions
`transferred to any Track 1 in In re: Insulin Pricing Litigation (“MDL No. 3080”) by the Judicial
`Panel on Multidistrict Litigation (“JPML”) pursuant to CMO #1, dated August 18, 2023 (ECF No.
`5); (b) all related actions originally filed in or removed to this Court pursuant to CMO #9, dated
`May 16, 2024 ( ECF Nos. 180, 641); and (c) any “tag -along” actions transferred to this Court by
`the JPML pursuant to Rules 6.2 and 7.1 of the Rules of Procedure of the JPML, subsequent to the
`filing of the final transfer order by the Clerk of this Court.
`I. The Court’s Constructive-Notice Decision
`On September 5, 2025, the Court “ORDERED that the constructive notice date applicable
`to all tracks and all cases is January 14, 2021.” ECF No. 707.
`II. Disputes Following ECF No. 707.
`a. In its September 5, 2025 Order, the Court ordered the Parties to “prepare and jointly
`submit a list of all pending cases that specifies, for each Plaintiff, the date the original
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`1 As created by the Court in its CMO #3, dated December 6, 2023 (ECF No. 34).
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`complaint was filed and the applicable statute of limitations. ” ECF No. 707. The parties
`submitted this list as Appendix A on October 10, 2025, ECF No. 761, together with
`accompanying correspondence outlining issues that could bear on the determination of the
`applicable statute of limitations and/or timeliness of plaintiffs’ claims.
`b. On October 13, 2025, Defendants filed a letter identif ying cases and claims that they
`contend are untimely under the Court’s constructive-notice ruling based on the statutes of
`limitations not contested in Appendix A (“Defendants’ Proposed Untimely Cases and
`Claims List”). ECF No. 763. Defendants’ Proposed Untimely Cases and Claims List does
`not identify any Cases or Claims pending in the State Attorney General Track or any
`federal claims asserted in any case in the Class Action Track.
`c. By December 1, 2025, Plaintiffs shall identify any claim(s) filed by plaintiffs from part 1
`of Defendants’ Proposed Untimely Case s and Claims List that they contend are not
`untimely (“Plaintiffs’ First Response to Defendants’ Proposed Untimely Cases and Claims
`List”).
`d. By December 22, 2025, Plaintiffs shall identify any claim(s) filed by plaintiffs from those
`same nine jurisdictions in Plaintiffs’ First Response to Defendants’ Proposed Untimely
`Cases and Claims List that they contend are not untimely (“Plaintiffs’ Second Response
`to Defendants’ Proposed Untimely Cases and Claims List”).
`e. By January 20, 2026, Plaintiffs shall identify any claim(s) filed by any plaintiffs from
`another eight jurisdictions in Defendants’ Proposed Untimely Cases and Claims List that
`they contend are not untimely (“Plaintiffs’ Third Response to Defendants’ Proposed
`Untimely Cases and Claims List”).
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`f. By February 3, 2026, Plaintiffs shall identify any claim(s) filed by any plaintiffs from
`another eight jurisdictions in Defendants’ Proposed Untimely Cases and Claims List that
`they contend are not untimely (“Plaintiffs’ Fourth Response to Defendants’ Proposed
`Untimely Cases and Claims List”).
`g. By February 18, 2026, Plaintiffs shall identify any claim(s) filed by any plaintiffs from
`the remaining jurisdictions in Defendants’ Proposed Untimely Cases and Claims List that
`they contend are not untimely (“Plaintiffs’ Fifth Response to Defendants’ Proposed
`Untimely Cases and Claims List”).
`h. For each claim on any of Plaintiffs’ Responses to Defendants’ Proposed Untimely Cases
`and Claims List, Plaintiffs shall provide (1) a list of the claims that Plaintiffs contend are
`not untimely and (2) Plaintiffs ’ position as to why the claim is not untimely , including
`Plaintiffs’ specific basis and supporting legal authority.
`i. Within 14 days of each of the Plaintiffs’ Responses to Defendants’ Proposed Untimely
`Cases and Claims Lists discussed above
`2, Defendants shall provide a written response
`addressing (1) the list of the cases or claims that Plaintiffs contend are not untimely and
`(2) Plaintiffs’ position as to why the case or claim is not untimely.
`j. Within 14 days after Plaintiffs provide Plaintiffs’ Fifth Response to Defendants’ Proposed
`Untimely Cases and Claims List , the Parties shall meet and confer. Within 14 days of
`meeting and conferring, the Parties shall submit a joint letter setting forth a proposed
`process for addressing any remaining disputes.
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`2 Except for after Plaintiffs’ Second Response to Defendants’ Proposed Untimely Cases
`and Claims List, for which Defendants shall have 21 days.
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`k. With respect to any cases or claims for which Plaintiffs do not provide a position as to
`why such case or claim is not untimely or where the Parties otherwise agree a claim is
`untimely in any of Plaintiffs’ Responses to Defendants Proposed Untimely Cases and
`Claims List, within 21 days of Plaintiffs’ Second Response to Defendants’ Proposed
`Untimely Cases and Claims List, and 14 days of Plaintiffs’ Fifth Response to Defendants’
`Proposed Untimely Cases and Claims List, Defendants may file a motion to dismiss such
`cases or claims . Any motion to dismiss directed to a case or cases where Defendants
`contend that only certain claims are untimely, the motion to dismiss filed pursuant to this
`section shall be limited to the timeliness of such claims.
`III. Process for Addressing the Disputed SOL List.
`
`a. Within 30 days of this Order, the Parties shall meet and confer regarding disputed statutes
`of limitations that are identified in Appendix A (“Disputed SOL List”) and seek to narrow
`the disputes to the fullest extent possible.
`b. Within 14 days of meeting and conferring, the Parties shall exchange charts setting forth:
`(1) a list of type of claim and competing statute of limitation periods; and (2) a list of the
`Plaintiffs who are bringing those claims. In the chart that Plaintiffs provide, Plaintiffs shall
`set forth, for each type of claim, Plaintiffs’ position regarding their proposed identified
`statute of limitations including supporting legal authority. In the chart that Defendants
`provide, Defendants shall set forth, for each type of claim, Defendants’ position regarding
`their proposed identified statute of limitations including the supporting legal authority.
`c. Fourteen days after exchanging the chart s identified in Section I II.b, the Parties shall
`jointly submit a letter setting forth a proposed process for addressing any remaining
`disputes.
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`d. Twenty-one days after the Court rules on this dispute, Defendants shall provide a list of
`cases and claims that they contend should be dismissed as untimely based on the
`applicable statute of limitations period and the Court’s constructive notice ruling. The
`parties shall follow the process identified in Section II to resolve any outstanding disputes
`regarding whether cases or claims are untimely and meet and confer about the timeline.
`IV. Applicability of this Order to Future Plaintiffs
`a. Any future Plaintiff—whether filing directly in this MDL, or transferred or reassigned to
`this MDL —who is asserting one or more claims that are facially untimely based on
`undisputed statutes of limitation identified in Appendix A [ECF No. 761-1] or the parties’
`subsequent agreement, must serve within 30 days after such action is entered on this MDL
`docket, a letter no longer than two pages that provides Plaintiff’s positions as to why each
`such claim is not untimely, including the Plaintiff’s specific basis and supporting legal
`authority, as described above in Section II.h.
`b. If a Plaintiff fails to provide such a letter within the time set forth in Section IV .a,
`then, upon seven-days’ notice to Plaintiff of such deficiency that remains uncured,
`Defendants may move the Court for dismissal of Plaintiff’s claim(s).
`c. If the Plaintiff’s letter, as described in Section IV .a, is timely but facially deficient ,
`then Defendants may seek leave from the Court to file a motion to dismiss
`Plaintiff’s case for failure to comply with this Case Management Order.
`i. This provision shall not allow Defendants to raise good-faith legal disputes about
`the applicability of the specific bases Plaintiffs raise that the Court will address
`through the process described in Sections II.
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`ii. If the process described in Sections II.b, h-j above remains ongoing with respect
`to Defendants’ Proposed Untimely Cases and Claims List, submissions pursuant
`to IV .a from future Plaintiffs in cases originating from any jurisdiction identified
`on Defendants’ Proposed Untimely Cases and Claims List shall be included and
`addressed in Plaintiffs’ Fifth Response to Defendants’ Proposed Untimely Cases
`and Claims List, and those claims should be addressed pursuant to Section II.j.
`iii. If the process described in Section II.j is complete, or if the claims are from a
`case originating from any jurisdiction not listed on Defendants’ Proposed
`Untimely Cases and Claims List, the parties shall meet and confer on how to
`address the newly filed claim.
`d. Notwithstanding the provisions in this Section I V, the process and procedures set
`forth herein shall not alter any burden of proof under applicable law.
`V. Preservation of Appellate Rights
`Plaintiffs retain all appellate rights for any cases dismissed pursuant to this Order, including
`on bases specific to t he determination of the timeliness of such cases and claims pursuant to this
`Order, the Court’s constructive -notice Opinion and Order [ECF No s. 706-707] or any prior
`determination of the Court relevant to dismissal of the subject cases.
`IT IS SO ORDERED.
`
`Dated: _______________________
`BRIAN R. MARTINOTTI
`United States District Judge
`
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