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Plaintiffs Opening Brief for Appeal (Jan. 11, 2021) USCA Case #20-7077 Document #1879463 Filed: 01/11/2021 Page 1 of 98 INITIAL VERSION ORAL ARGUMENT NOT YET SCHEDULED IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT No. 20-7077 JOSHUA ATCHLEY, et al., Plaintiffs-Appellants, v. ASTRAZENECA UK LIMITED, et al., Defendants-Appellees. Appeal from the United States District Court for the District of Columbia, No. 1:17-cv-02136-RJL (Hon. Richard J. Leon) OPENING BRIEF FOR PLAINTIFFS-APPELLANTS JOSHUA ATCHLEY, ET AL. DAVID C. FREDERICK JOSHUA D. BRANSON ANDREW E. GOLDSMITH KELLOGG, HANSEN, TODD, FIGEL & FREDERICK, P.L.L.C. 1615 M Street, N.W., Suite 400 Washington, D.C. 20036 (202) 326-7900 [email protected] [email protected] [email protected] Counsel for Plaintiffs-Appellants January 11, 2021 Joshua Atchley, et al. USCA Case #20-7077 Document #1879463 Filed: 01/11/2021 Page 2 of 98 CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to D.C. Circuit Rule 28(a)(1), Plaintiffs-Appellants certify as follows: A. Parties and Amici Appellants here and Plaintiffs in the district court are listed in Attachment A. Plaintiffs Gary Huffman, Karen Huffman, Torie Murphy, and the Estate of Jason Huffman voluntarily dismissed without prejudice their claims on October 26, 2018. Plaintiff Lori Silveri voluntarily dismissed without prejudice her claims on December 31, 2018. Appellees here and Defendants in the district court are AstraZeneca UK Limited, AstraZeneca Pharmaceuticals LP, GE Healthcare USA Holding LLC, GE Medical Systems Information Technologies, Inc., GE Medical Systems Information Technologies GmbH, Johnson & Johnson, Cilag GmbH International, Ethicon Endo-Surgery, LLC, Ethicon, Inc., Janssen Ortho LLC, Janssen Pharmaceutica N.V., Johnson & Johnson (Middle East) Inc., Ortho Biologics LLC, Pfizer Inc., Pfizer Enterprises SARL, Pfizer Pharmaceuticals LLC, Pharmacia & Upjohn Company LLC, Wyeth Pharmaceuticals Inc., F. Hoffmann-La Roche Ltd., Genentech, Inc., and Hoffmann-La Roche Inc. USCA Case #20-7077 Document #1879463 Filed: 01/11/2021 Page 3 of 98 B. Rulings Under Review Plaintiffs-Appellants seek review of Judge Leon’s Order (District Court Docket (“Dkt.”) 139, JA___) and accompanying Memorandum Opinion (Dkt.138, JA___-___), dated July 17, 2020, which granted Defendants-Appellees’ motion to dismiss for failure to state a claim and foreign Defendants-Appellees’ motion to dismiss for lack of personal jurisdiction. C. Related Cases Plaintiffs-Appellants are unaware of this case having been previously before this Court or any other court, or of any pending related cases. ii USCA Case #20-7077 Document #1879463 Filed: 01/11/2021 Page 4 of 98 ATTACHMENT A JOSHUA ATCHLEY DONIELLE EDWARDS BENNY ATCHLEY ALAN EDWARDS CONNIE ATCHLEY BRENDA EDWARDS ELISSA ATCHLEY DANE EDWARDS KATELYN WEATHERFORD LOGAN EDWARDS JOHN ARAGON, SR. SAMANTHA EDWARDS BRIAN BEAUMONT IAN EDWARDS DEMPSEY BENNETT HANNAH EDWARDS DORIS BENNETT AUSTIN EMORY DARNELL BENNETT BRANDON EMORY, individually, and for BRANDEAUX CAMPBELL the estate of MICHAEL ADAM EMORY ANGIE CAPRA L.E., a minor ANTHONY CAPRA, SR. MARIA de la luz VILLA SHARON CAPRA BOBBY EMORY MARK CAPRA CAROLYN BALDWIN, for the estate of VICTORIA CAPRA KATHY LOUISE BURNS A.C., a minor TANYA EVRARD JARED CAPRA JACOB HARBIN S.C., a minor DANNY HARBIN DANIELLE CAPRA LINDA HARBIN EMILY CAPRA ELIJAH HARBIN JACOB CAPRA ESTHER TATE JOANNA CAPRA LEASA DOLLAR JOSEPH CAPRA EUGENE DELOZIER JULIA-ANNE CAPRA BILLY JOHNSON MICHAEL CAPRA BRIDGET JUNEAU, individually, and for RACHEL LEE the estate of WILLIAM JUNEAU SARAH JOHNSON STEPHANIE JUNEAU SALLY CHAND, individually, and for the WILLIAM KELSO estate of MICHAEL CHAND, SR. JOHN KIRBY MICHAEL CHAND, JR. REBEKAH KIRBY CHRISTINA MAHON CAREN KLECKER RYAN CHAND GREGORY KLECKER, individually, and BRENDA CHAND for the estate of DEBORAH KLECKER KARA CONNELLY LEROY LANCASTER JEAN DAMMANN MICHAEL LUKOW MARK DAMMANN BRUCE LUKOW KEVIN CONNELLY RIKKI LUKOW JIMMY CONNOLLY KRISTEN KELLEY MELISSA DOHENY ANDREW LUKOW KATHY KUGLER JOSEPH LUKOW ROBERT KUGLER ANGELA ROBINSON AMY RITCHIE RANDALL THOMPSON DREW EDWARDS NATHAN MCCLURE iii USCA Case #20-7077 Document #1879463 Filed: 01/11/2021 Page 5 of 98 NIKITA MCNEAL JENNINE VAUGHN J.M., a minor CLIFFORD VAUGHN JOSEPH MIXSON MICHELE WHITE, individually, and for JOHN MIXSON the estate of DELMAR WHITE KARON MIXSON SHELBY WHITE ALICIA MIXSON S.W., a minor RICHARD NEIBERGER ROBERT WHITE MARY NEIBERGER ROBERT WINEGAR ERIC NEIBERGER, individually, and for PATRICIA CLAVENNA the estate of CHRISTOPHER NEIBERGER ELYSE WINEGAR AMI NEIBERGER MARY JAGELLO ROBERT NEIBERGER ROBERT LLOYD WINEGAR ANTHONY DONALD PELLECCHIA MELISSA WITTE ANTHONY PELLECCHIA WILLIAM WITTE, individually, and for the KATHRYN ANN JOHNSON estate of KEVIN WITTE DANIEL PRICE WILLIAM ZAPPA TERRI OVERTON HAEKYUNG ZAPPA STEVEN PRICE PATSY BELL CARL REIHER RICHARD LANDECK SHAY HILL, for the estate of ALAN VICTORIA LANDECK ROGERS JENNIFER LANDECK LUIS ROSA-VALENTIN CARRIE THOMPSON, individually, and LUIS ROSA-ALBERTY for the estate of SEAN THOMAS M.R., a minor A.T., a minor ALEX ROSA-VALENTIN DANIEL THOMAS, SR. ILIANA ROSA-VALENTIN DIANA THOMAS ELENA SHAW DANIEL THOMAS, JR. EMILY SHAW DAVID THOMAS CASEY SHAW KELLY GILLIS L.S., a minor MELINDA FLICK ERIN DRUCTOR, individually, and for the MICHELLE WEST estate of BLAKE STEPHENS MADISON WEST KATHLEEN STEPHENS NISTASHA PEREZ TRENT STEPHENS MICHAEL MURPHY-SWEET DEREK STEPHENS ELIZABETH MURPHY-SWEET RHETT STEPHENS ANONA GONELLI SUMMER STEPHENS ROBERT J. KUHLMEIER BRITTANI HOBSON THERESA A. KUHLMEIER SUSAN ARNOLD, individually, and for the THERESA A. KUHLMEIER estate of RONALD TUCKER EDWARD KUHLMEIER DAVID ARNOLD THOMAS KUHLMEIER SAMANTHA TUCKER JOHN KUHLMEIER DAISY TUCKER DAVID KUHLMEIER BRANDON ARNOLD ROBERT W. KUHLMEIER RACHELLE IDOL TANJA KUHLMEIER, individually, and for JAMES VAUGHN the estate of DANIEL KUHLMEIER iv USCA Case #20-7077 Document #1879463 Filed: 01/11/2021 Page 6 of 98 K.K., a minor BILLY RYAN DONNA FARLEY ANGIE RYAN NOEL J. FARLEY TERESA BECKLEY BARBARA FARLEY GRANT VON LETKEMANN II BRETT FARLEY, individually, and for the KELLY VON LETKEMANN estate of STEVEN FARLEY SCOTT SCURRAH JESSICA FARLEY MASINA TULIAU CAMERON FARLEY JENNIFER LINK CHRIS FARLEY JESSICA REW VICKIE MCHONE SARA LILLY NOEL S. FARLEY RYAN HICKMAN DAVID FARLEY E.H., a minor CARLA PROFFITT SHARON JOHNSTON DAWN WILLIAMSON JUDY COLLADO, individually, and for the LESLIE HARDCASTLE, individually, and estate of JAY COLLADO for the estate of JOSHUA REEVES KAIYA COLLADO J.R., a minor MARICEL MURRAY JAMES REEVES W. ANN MEULI W. JEAN REEVES J.M., a minor JARED REEVES BRYAN S. SHELTON, individually, and SHERRI HOILMAN for the estate of RANDOL SHELTON JONI LITTLE DARLENE SHELTON MARIA LANE BRYAN T. SHELTON MARK MUNNS AMANDA SHELTON MARTHA STEWART TAMMY KINNEY CRISTA MUNNS TAMMIE DENBOER BREE REUBEN DEREK GAJDOS CASEY REUBEN SHARONDA PARLIN BEN REUBEN CYNTHIA PARLIN PATRICK REUBEN MARIA VIDAL QUINTEN REUBEN JIMMY RUNDELL LINDA REUBEN ROBIN DAVIDSON, individually, and for FRANCIS COTÉ the estate of STEVEN PACKER NANCY COTÉ CHRISTOPHER PACKER SAMANTHA DUNFORD DANIELLE PACKER MAXIMILLIAN SHROYER JASON DAVIDSON CHRISTOPHER COTÉ, individually, and ZACHARY DAVIDSON for the estate of JONATHON COTÉ KATHERINE CROW BARBARA ALEXANDER, individually, K.E.C., a minor and for the estate of RONALD WITHROW K.A.C., a minor JOHNNY ALEXANDER CANDACE HUDSON SHAWN RYAN DAVID BUSH SANDRA RYAN JONATHAN CONTRERAS, SR. A.R., a minor CARLOS CONTRERAS BARB THIEDE CESAR CONTRERAS JASON RYAN HERNAN CONTRERAS v USCA Case #20-7077 Document #1879463 Filed: 01/11/2021 Page 7 of 98 NOEL CONTRERAS GREG JOHNSON DANNYEL CONTRERAS BRANDON JOHNSON NORMA CONTRERAS BROOKE PLUMB THERESA INOUYE C. RICHARD LOONEY JERRY INOUYE MARTHA LOONEY JULIE PAYNE, individually, and for the BARRY MCDONALD estate of CAMERON PAYNE MATTHEW MERGELE K.P., a minor JARETH PAYNE A-L.P., a minor LUCAS SASSMAN DENISE JACKSON MELISSA SASSMAN AUNDRA CRAIG JEREMY SMITH JOYCE CRAIG DONALD SPENCER T.M.C., a minor JARED STEVENS JONATHAN CRAIG DERRICK STINNETT MICHAEL COOK BRANDI STINNETT ANDRE BROWN LAURIE MANYLIGHTNINGS, for the VALENCIA COOK estate of LELAND THOMPSON DEBRA COOK-RUSSELL PATRICK TUTWILER NASHIMA CRAIG CRYSTAL TUTWILER ARIFAH HARDY RYAN WILSON MATTHEW CRAIG JAMI WILSON TONY BOTELLO JOSHUA WOLD TAUSOLO AIETI CELESTE YANTIS POLOKA AIETI PRESLEY ALEXANDER IMO AIETI E.W., a minor LISI AIETI HERBERT GILL CHRISTOPHER BOUTEN JAMES GMACHOWSKI ERIN BOUTEN JOSHUA GRZYWA JORDAN BRACKETT NEYSA GRZYWA BRANDON BYBEE KURTISS LAMB MARK CASHMAN LISA LAMB BRIAN CASEY JOSE LOPEZ BRITTANY HOGAN J.L., a minor SHELLEY CASEY DAVID MCINTOSH RICHARD CASEY DONALD MCINTOSH JOHNNY CASTILLO TYLER NORAGER MICHAEL DUNN SHALEE NORAGER ANDREW FUKUZAWA M.N., a minor FRANCISCO GIETZ JASON ROBINSON ABELINO GOMEZ FRANCES ROBINSON PATRICK HANLEY E.R., a minor EDWARD HANLEY WILLIAM WEATHERLY KATHERINE HANLEY MICHAEL WEATHERLY CECELIA HANLEY JARROD LAGRONE BENJAMIN JOHNSON CHRISTOPHER HALSKI TAMALA JOHNSON VIRGINIA BILLITER vi USCA Case #20-7077 Document #1879463 Filed: 01/11/2021 Page 8 of 98 ERIC BILLITER DANNY ARIZOLA ADRIANNE KIDD TREY BAILEY DANIEL DUDEK MCKENZIE BAILEY MARGARET DUDEK SAMANTHA BALSLEY, individually, and SARAH DUDEK for the estate of MICHAEL BALSLEY ANDREW DUDEK L.R-W., a minor KATIE WOODARD AFONSO BANDHOLD CHELSEA ADAIR, individually, and for HENRY BANDHOLD, JR. the estate of JAMES ADAIR MARIANA BANDHOLD A.A., a minor LAUREL BARATTIERI, individually, and MATTHEW ADAMSON for the estate of GUY BARATTIERI R.A., a minor PATRICIA WHEATLEY KARAR ALABSAWI CODY BARHAM ROSEMARIE ALFONSO, individually, and TODD BARNUM for the estate of CARLO ALFONSO DUSTIN BAUER K.B., a minor T.H., a minor KOUSAY AL-TAIE, individually, and for S.B., a minor the estate of AHMED AL-TAIE K.B., a minor NAWAL AL-TAIE KARI CAROSELLA, individually, and for HATHAL TAIE the estate of JUSTIN BAUER JAKE ALTMAN JEREMY BAUER NADJA ALTMAN JACOB BAUER J.A., a minor CONNIE HADDOCK MAIRA ALVAREZ, individually, and for GREGORY BAUER the estate of CONRAD ALVAREZ DAVID BAXTER, JR. K.A., a minor NICOLE BAXTER A.A., a minor DAVID BAXTER, SR. C.A., a minor BRIAN BEEM CHERYL ANAYA ELIZABETH BEEM CARMELO ANAYA JR.
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