Phx. Ins. Co. v. Teva Pharm. Indus. Ltd.

381 F. Supp. 3d 416
CourtDistrict Court, E.D. Pennsylvania
DecidedFebruary 22, 2019
DocketCiv. No. 18-3305
StatusPublished
Cited by8 cases

This text of 381 F. Supp. 3d 416 (Phx. Ins. Co. v. Teva Pharm. Indus. Ltd.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phx. Ins. Co. v. Teva Pharm. Indus. Ltd., 381 F. Supp. 3d 416 (E.D. Pa. 2019).

Opinion

Paul S. Diamond, District Judge.

This is the seventh Private Securities Litigation Reform Act suit filed in different districts against Teva Pharmaceutical Industries Ltd., and its directors and officers, alleging that Defendants misled investors about Teva's financial condition. (Compl., Doc. No. 1.) Defendants have moved to transfer this case to the District of Connecticut under either the first-filed rule or 28 U.S.C. § 1404(a). (Defs.' Mot. Transfer, Doc. No. 30.) Because transfer is appropriate on both grounds, I will grant Defendants' Motion.

I. PROCEDURAL HISTORY

A. The Earlier-Filed Complaints and the Consolidated Action

Between November 6, 2016 and August 3, 2017, three private securities class actions were filed in California and Connecticut against Teva and its officers and employees. (Defs.' Mot. Transfer 3-6); see Compl., Galmi v. Teva Pharm. Indus. Ltd., Civ. No. 16-08259, Doc. No. 1 (C.D. Cal., Nov. 6, 2016); Compl., Leone v. Teva Pharm. Indus. Ltd., Civ. No. 16-09545, Doc. No. 1 (C.D. Cal. Dec. 27, 2016); Compl., OZ ELS Master Fund. Ltd. v. Teva Pharm. Indus. Ltd., Civ. No. 17-558, Doc. No. 1 (D. Conn. Aug. 3, 2017). A derivative action was also brought in Ohio against Teva and its officers, alternatively alleging class action claims. Compl., Hullemeir v. Teva Parm. Indus. Ltd., Civ. No. 17-485, Doc. No. 1 (S.D. Ohio July 17, 2017).

On April 3, 2017, Judge Hatter of the United States District Court for the Central District of California consolidated Galmi and Leone because both matters included claims under §§ 10(b) and 20(a) of the Federal Securities Exchange Act and stemmed from Defendants' allegedly misleading public statements about price-fixing in the pharmaceutical industry. Order, Galmi, Doc. No. 74 (C.D. Cal. Apr. 3, 2017). Judge Hatter then transferred the consolidated matter to the District of Connecticut, where a civil antitrust case brought by various states against Teva and other generic-drug companies was pending. Id. Judge Underhill of the United States District Court for the District of Connecticut appointed the Ontario Teachers' Pension Plan Board as lead plaintiff in the Connecticut consolidated action, and the Board filed an amended complaint. Order, Ontario Teachers' Pension Plan Board v. Teva Pharm. Indus. Ltd., Civ. No. 17-558, Doc. No. 124 (D. Conn. July 11, 2017); Am.

*419Compl., Ontario Teachers' Pension Plan Board, Doc. No. 141 (D. Conn. Sept. 11, 2017).

On November 17, 2017, Judge Dlott of the United States District Court for the Southern District of Ohio transferred Hullemeir to the District of Connecticut under the first-filed rule because of substantial overlap with the Ontario Teachers' consolidated action. Order, Hullemeier, Doc. No. 17 (S.D. Ohio Nov. 17, 2017) (overlap in defendants, allegations regarding misrepresentations and price-fixing, and proposed class favored transfer). Judge Underhill stayed Hullemeir and OZ ELS pending resolution of motions to dismiss filed in Ontario Teachers' . Order, Huellemeier, Doc. No. 37 (D. Conn. Feb. 12, 2018); Minute Entry, OZ ELS, Doc. No. 19 (D. Conn. Aug. 30, 2017).

On November 1, 2017, two nearly identical securities actions were consolidated before me. Order, Grodko, Doc. No. 16, Civ. No. 17-3743. On April 10, 2018, I transferred the consolidated action to the District of Connecticut under the first-filed rule, or, in the alternative, under 28 U.S.C. § 1404(a) because of substantial overlap with the Ontario Teachers' consolidated action. Order, Grodko, Doc. No. 37, Civ. No. 17-3743; Order, Baker, Doc. No. 17, Civ. No. 17-3902.

B. The Instant Complaint

On August 3, 2018, The Phoenix Insurance Company Ltd., The Phoenix Pension Ltd., Excellence Gemel & Hishtalmut Ltd., Excellence Kesem ETNS, and Excellence Mutual Funds filed suit against Teva Pharmaceutical Industries Ltd., and certain current and former directors and officers under the Securities Exchange Act of 1934, the Securities Act of 1933, the Pennsylvania Securities Act of 1972 (the "PSA"), and the Israel Securities Law of 1968. (Compl. 1, Doc. No. 1.)

Defendants have moved to transfer the instant action to the District of Connecticut pursuant to the first-filed rule or under 28 U.S.C. § 1404(a). (Defs.' Mot. Transfer.) The matter has been fully briefed. (Doc. Nos. 30, 36, 37.)

II. LEGAL STANDARDS

A. The First-Filed Rule

As explained by the Third Circuit:

The first-filed rule encourages sound judicial administration and promotes comity among federal courts of equal rank. It gives courts 'the power' to enjoin the subsequent prosecution of proceedings involving the same parties and the same issues already before another district court.

E.E.O.C. v. Univ. of Pa., 850 F.2d 969, 971 (3d Cir. 1988) ; accord Crosley Corp. v. Hazeltine Corp., 122 F.2d 925, 929 (3d Cir. 1941) ("In all cases of concurrent jurisdiction, the court which first has possession of the subject must decide it." (quoting Smith v. McIver, 22 U.S. 532, 535, 9 Wheat. 532, 6 L.Ed. 152 (1824) )). The rule "permits courts to consolidate similar cases by transferring later-filed cases for consolidation with the first-filed case." Palagano v. NVIDIA Corp., No. 15-1248, 2015 WL 5025469, at *1 (E.D. Pa. Aug. 25, 2015) ; see also Chavez v. Dole Food Co., Inc.,

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
381 F. Supp. 3d 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phx-ins-co-v-teva-pharm-indus-ltd-paed-2019.