Frequently Asked Questions


1. Why did I get this Notice?

A Court authorized the Notice because you have a right to know about a $69,000,000 California Attorney General Settlement, and about all of your options, before the Court decides whether to give final approval to the Settlement. The Notice explains the California Attorney General (the “CAAG”) Lawsuit and Settlement, the Class Action Lawsuit and Settlement, and your egal rights.

You are eligible to submit a claim if you purchased and/or paid for Provigil®, Nuvigil®, and/or modafinil as a caregiver or for your personal consumption in any state from June 24, 2006 through December 31, 2012 and you were a California resident at the time of each purchase. Your purchases of these drugs are eligible regardless of the out-of-pocket costs you paid, even if you were partially or fully reimbursed by insurance. Defendants, their officers, subsidiaries and affiliates are not eligible to submit a claim. The judge and his immediate family are not eligible to submit a claim.

You may also be able to recover money in the $65,877,600 Class Action Settlement if you are a consumer or a third party payor who paid for or reimbursed all or part of the cost of Provigil® or modafinil in Alabama, Arizona, California, District of Columbia, Florida, Hawaii, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Mexico, New York, North Carolina, North Dakota, South Dakota, Tennessee, Utah, Vermont, West Virginia and Wisconsin during the period from June 24, 2006 through August 8, 2019.


2. What Is This Lawsuit About?

The CAAG’s Lawsuit (State of CA v. Teva Pharmaceutical Industries, Ltd., Civil No. 19-CV-03281) against the Teva Defendants was filed in the U.S. District Court for the Eastern District of Pennsylvania, a copy of which is available at on the Court Documents page of this website. The CAAG has alleged that Defendants, Teva Pharmaceutical Industries Ltd. and its wholly-owned subsidiaries Cephalon, Inc., Teva Pharmaceuticals USA, Inc., and Barr Laboratories, Inc. (“Teva Defendants”) engaged in a course of conduct to delay the sale of generic versions of Provigil® (modafinil) that included the introduction of Nuvigil®, a wakefulness-promoting drug similar to Provigil®, and that this conduct violated federal and California antitrust and consumer protection laws.


WHO IS IN THE SETTLEMENT?

3. How Do I Know If I Am Eligible To Submit A Claim?

You are eligible to submit a claim if you purchased and/or paid for Provigil®, Nuvigil®, and/or modafinil as a caregiver or for your personal consumption in any state from June 24, 2006 through December 31, 2012 and you were a California resident at the time of each purchase (hereinafter “Eligible Consumer Group”). Your purchases of these drugs are eligible regardless of the out-of-pocket costs you paid, even if you were partially or fully reimbursed by insurance. Defendants, their officers, subsidiaries and affiliates are not eligible to submit a claim. The judge and his immediate family are not eligible to submit a claim.


4. What If I Am Still Not Sure If I Am Included In The Eligible Consumer Group?

If you are still not sure whether you are included, you can get more information on this website, or get help by contacting the Settlement Administrator at 1-877-241-7503 or by email info@provigilsettlement.com.


THE BENEFITS OF THE CAAG AND CLASS ACTION SETTLEMENTS

5. What Does The CAAG Settlement Provide?

A $25,250,000 Settlement Fund will be established by the CAAG Settlement and will be distributed to California consumers who submit valid and timely claim forms. Details regarding the CAAG Settlement Plan of Allocation are available on the Court Documents page. Your recovery will be calculated based on a fixed amount for each eligible prescription of Provigil®, Nuvigil®, and/or modafinil that was purchased from June 24, 2006 through December 31, 2012.

To be eligible to receive a payment if the Court approves the CAAG Settlement, you must complete and submit a valid Claim Form. Claim Forms should be mailed to the address below and must be received by January 15, 2020. You can download or print a copy of the Claim Form.

You may also submit a completed Claim Form online. If you submit a Claim Form online, you must do it byJanuary 15, 2020.


6. Can I Receive A Payment Even If I Received A Payment In The State Attorneys General Settlement?

Yes. The CAAG Settlement and the multistate Class Action Settlement are separate from, and in addition to, the previous $35,000,000 State Attorneys General Settlement. Thus, even if you recovered money in the State Attorneys General Settlement, you may still be eligible to receive a payment from the Class Action Settlement (but note that the amount of your recovery in the State Attorneys General Settlement will be taken into account in calculating your final recovery in this claim process – see End-Payors’ Plan of Allocation on the Court Documents page for more details). And if you did not participate in the State Attorneys General Settlement, you may still participate in the Class Action Settlement in the class action. Also, if you opted out (or excluded) yourself from the State Attorneys General Settlement, you may still participate in the class action.

Furthermore, the previous $35,000,000 State Attorneys General Settlement is separate and independent from the current CAAG $69,000,000 Settlement, described in more detail in the Notice beginning with Question 26. Thus, you may be eligible to receive a payment in both the Class Action Settlement as well as the CAAG Settlement (but note that the amount of your recovery in the CAAG Settlement will be taken into account in calculating your final recovery in this claim process – see End-Payors’ Plan of Allocation on the Court Documents page for more details).


HOW TO GET A PAYMENT

7. What Do I Need To Do To Get A Payment?

To be eligible to receive a payment if the Court approves the CAAG Settlement, you must complete and submit a valid Claim Form. Claim Forms should be mailed to the address below and must be received by January 15, 2020. You can download or print a copy of the Claim Form on the Claim Form page of this website or you may request a copy of the Notice and Claim Form to be mailed to you by calling 1-877-241-7503 or writing to the address below and requesting a Claim Form.

Provigil Settlement
c/o A.B. Data, Ltd.
P.O. Box 170300
Milwaukee, WI 53217
You may also submit a completed Claim Form online on this website. If you submit a Claim Form online, you must do it by January 15, 2020.


REMAINING IN THE ELIGIBLE CONSUMER GROUP

8. What Happens If I Do Nothing?

If you do nothing, you won’t get any money from the CAAG Settlement. But, unless you exclude yourself, you won’t be able to start a lawsuit or be part of any other lawsuit against the Defendants for the claims being resolved by this Settlement.


9. If I Remain In The Eligible Consumer Group, What Claims Am I Settling?

If the Settlement becomes final, you will be releasing the Teva Defendants from all the claims identified in the Settlement Agreement. The Settlement Agreement is available at on the Court Documents page of this website. The Settlement Agreement describes the released claims with specific descriptions, in accurate legal terminology, so read them carefully.


EXCLUDING YOURSELF FROM THE SETTLEMENT (“OPTING OUT” OF THE SETTLEMENT)

10. What If I Don’t Want To Be In The Eligible Consumer Group?

If you decide to exclude yourself from the CAAG Settlement, you will be free to sue the Teva Defendants on your own for the claims being resolved by this Settlement. However, your lawsuit shall still be subject to all possible defenses (including that the lawsuit is not timely), you will not receive any money from the Settlement, and the California Attorney General will no longer represent you. If you want to receive money from the Settlement, do not exclude yourself, and file a Claim Form.


HOW TO GET A PAYMENT

11. How Do I Exclude Myself From The Eligible Consumer Group?

You must exclude yourself if you wish to sue the Teva Defendants on your own for the claims being resolved in the CAAG Lawsuit and Settlement. You will not be part of the CAAG Settlement if you exclude yourself from the Settlement. You can exclude yourself from the CAAG Settlement by sending a written “Request to Opt Out” to the Settlement Administrator so that it is received by December 6, 2019. Your written request must include:

• Your name, address, telephone number, and the statement that you want to opt out of the CAAG Settlement;
• The case name and number: State of CA v. Teva Pharmaceutical, Civil No. 19-CV-03281.

Requests to exclude yourself from the CAAG Settlement must be sent to the following address:

State of CA v. Teva
EXCLUSIONS
c/o A.B. Data, Ltd.
P.O. Box 173001
Milwaukee, WI 53217


OBJECTING TO THE CAAG SETTLEMENT

12. May I Object To The CAAG Settlement?

Yes. If you have not requested to exclude yourself from the CAAG Settlement, you may object to any aspect of the Settlement, the fairness or adequacy of the Settlement, and/or the Plan of Allocation.


13. How Do I Object To The CAAG Settlement?

California residents may object to the CAAG Settlement, any aspect of the Settlement, the fairness or adequacy of the Settlement, and/or the Plan of Allocation. To object to the Settlement, you (or your lawyer if you have one) must send your written objection to the counsel identified below and your objection must be postmarked on or before January 15, 2020. Counsel for the State of CA will file the objection with the Court on your behalf so that you will not have to incur any filing fees or costs. You also could file the objection with the Court on your own, but you must do so on or before January 15, 2020. Your written objection can include any supporting materials, papers, or briefs that you want the Court to consider. Your written objection must include:

• Your name, address, telephone number, and an explanation of your objection;

• The case name and number: State of CA v. Teva Pharmaceutical Industries, Ltd., et al., Civil No. 19-CV-03281; and

• Documentation demonstrating that you are a California resident and/or this statement, followed by your signature: “I declare under penalty of perjury under the laws of the United States of America that [insert your name] is a resident of California.”

You must send your objection to the counsel identified below or file it with the Court so that it is received by January 15, 2020.

Court Counsel for State of CA Defense Counsel
Clerk of the Court
U.S. District Court
Eastern District of Pennsylvania
James A. Byrne Courthouse
601 Market Street
Philadelphia, PA 19106
Cheryl Johnson
Deputy Attorney General
Antitrust Law Section
CA Department of Justice
300 South Spring Street, Suite 1702
Los Angeles, CA 90013
(213) 269-6000
Cheryl.Johnson@doj.ca.gov
Jay P. Lefkowitz, P.C.
Kirkland and Ellis LLP
601 Lexington Avenue
New York, NY 10022
(212) 446-4970
lefkowitz@kirkland.com
Counsel for the Teva Defendants

Any lawyer representing a California resident for the purpose of making objections must also file a Notice of Appearance with the Court and mail the Notice to Counsel. If you hire your own lawyer, you will have to pay for that lawyer at your own expense.


14. What Is The Difference Between Objecting To The Settlement And Excluding Myself From The Settlement?

When you exclude yourself or opt out, you are no longer subject to the terms and conditions of the Settlement. You lose the right to object to the Settlement and you will not receive any payment from the Settlement. However, you keep your right to sue the Teva Defendants for the same claims in another lawsuit.


THE FINAL APPROVAL HEARING

15. When And Where Will The Court Decide Whether To Approve The CAAG Settlement?

The Court will hold a Final Approval Hearing on February 26, 2020, at 10:00 a.m. Eastern Standard Time, at the United States District Court for the Eastern District of Pennsylvania, James A. Byrne Courthouse, 601 Market Street, Courtroom 4-B, Philadelphia, Pennsylvania 19106. The Court may reschedule the Final Approval Hearing without further written notice, so you should check this website for updates or call 1-877-241-7503 if you want to find out if the Final Approval Hearing has been rescheduled.

The purpose of the Final Approval Hearing is to:

• Decide if the Settlement is fair, reasonable, adequate and in the best interests of the affected California residents, if it should be approved, and if a judgment should be entered;

• Consider the proposed Plan of Allocation;

• Consider all comments and objections; and

• Consider any other issues that the Court thinks are necessary.


16. Must I Attend The Final Approval Hearing?

No. Attendance is not required. The California Attorney General is prepared to answer questions on your behalf. California residents who filed and served written objections may (but do not have to) appear at the Final Approval Hearing, in person or through an attorney hired at their own expense.


17. Can I Attend The Final Approval Hearing?

Yes, anyone can attend the Final Approval Hearing and watch. If you want to appear at the Final Approval Hearing and object, in person or through an attorney hired at your own expense, you need to file a Notice of Intent to Appear with the Court, as well as mail the Notice of Intent to Appear to the addresses listed in Question 13 so that it is received by January 15, 2020. The Notice of Intent to Appear must contain the following information:

• The name, address, and telephone number of the California resident and, if applicable, the name, address, and telephone number of the California resident’s attorney (who must file a Notice of Appearance);

• The case name and number: State of CA v. Teva Pharmaceutical Industries, Ltd., et al., Civil No. 19-CV-03281;

• The objection, including any supporting papers; and

• The name and address of any witnesses to be presented at the Final Approval Hearing, together with a statement as to the matters on which they wish to testify and a summary of the proposed testimony.


GETTING MORE INFORMATION

18. Where Do I Get More Information?

Copies of the Settlement Agreement, Plan of Allocation, Claim Form, and other important documents are available on this website. You may also write to State of CA v. Teva, c/o A.B. Data, Ltd., P.O. Box 170300, Milwaukee, WI 53217-8091, email info@ProvigilSettlement.com, or call the Settlement Administrator at 1-877-241-7503.

Complete copies of public pleadings, Court rulings, and other filings are available for review and copying at the Clerk’s office. The address is United States District Court for the Eastern District of Pennsylvania, James A. Byrne Courthouse, 601 Market Street, Philadelphia, Pennsylvania 19106.