Case 1:14-cv-11689-RWZ Document 87 Filed 12/22/14 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSSACHUSETTS

ZOGENIX, INC.,
Plaintiff,
v.
DEVAL PATRICK, in his official capacity as
GOVERNOR OF THE COMMONWEALTH OF
MASSACHUSETTS,
and
CHERYL BARTLETT, RN,
in her official capacity as
DEPARTMENT OF PUBLIC HEALTH
COMMISSIONER,
and
CANDACE LAPIDUS SLOANE, M.D.,
KATHLEEN SULLIVAN MEYER, ESQ.,
MARIANNE E. FELICE, M.D.,
ROBIN RICHMAN, M.D.,
PAUL R. DeRENSIS, ESQ.,
MICHAEL E. HENRY, M.D., in their official
capacities as members of the MASSACHUSETTS
BOARD OF REGISTRATION IN MEDICINE,

Defendants.

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Civil Action No. 1:14-cv-11689

MOTION OF PLAINTIFF ZOGENIX, INC. FOR LEAVE TO FILE
SUPPLEMENTAL BRIEF REGARDING REGULATORY LANDSCAPE
Pursuant to Local Rule 7.1(b)(3), Plaintiff Zogenix, Inc. (“Zogenix”) respectfully
requests leave to file the attached Supplemental Brief Regarding Regulatory Landscape. At the
December 3, 2014 motion hearing, there was some confusion regarding regulatory events that
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Case 1:14-cv-11689-RWZ Document 87 Filed 12/22/14 Page 2 of 3

unfolded after the conclusion of briefing on Defendants’ motion to dismiss but before the hearing
(i.e., FDA’s approval of Purdue Pharma’s Hysingla) and about regulatory events that
Defendants’ counsel wrongly predicted would occur in January (i.e., FDA approval of “abuse
deterrent” labeling for a new version of Zohydro® ER). Zogenix respectfully submits the
attached brief addressing these issues in an effort to set the record straight.
CERTIFICATE PURSUANT TO LOCAL RULE 7.1(a)(2)
I hereby certify that I contacted Defendants’ counsel by e-mail several times between
December 17, 2014 and December 22, 2014 and spoke with Defendants’ counsel by phone on
December 19, 2014 in an effort to seek Defendants’ consent to this motion for leave to file.
Defendants indicated that they do not consent.
Dated: December 22, 2014

Respectfully Submitted,
/s/ Steven P. Hollman
Kenneth J. Parsigian (BBO # 550770)
Steven J. Pacini (BBO # 676132)
LATHAM & WATKINS LLP
John Hancock Tower, 20th Floor
200 Clarendon Street
Boston, MA 02116
Tel: (617) 948-6000
Fax: (617) 948-6001
kenneth.parsigian@lw.com
steven.pacini@lw.com
HOGAN LOVELLS US LLP
Steven P. Hollman (pro hac vice)
Susan M. Cook (pro hac vice)
555 Thirteenth Street, N.W.
Washington, D.C. 20004
(202) 637-5672 (Telephone)
(202) 637-5910 (Fax)
steven.hollman@hoganlovells.com
susan.cook@hoganlovells.com
Attorneys for Plaintiff Zogenix, Inc.
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Case 1:14-cv-11689-RWZ Document 87 Filed 12/22/14 Page 3 of 3

CERTIFICATE OF SERVICE
I certify that the foregoing was filed through the ECF system on the 22nd day of
December, 2014 and will be sent electronically to the registered participants as identified on
the Notice of Electronic Filing (NEF).
/s/ Steven P. Hollman

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