Eli Lilly and Company v. Pivotal Peptides LLC

1 THE HONORABLE JOHN C. COUGHENOUR

7 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON 8 AT SEATTLE ELI LILLY AND COMPANY, CASE NO. 2:24-cv-1719-JCC Plaintiff, STIPULATION AND [PROPOSED] 11 ORDER TO APPROVE SETTLEMENT v. AGREEMENT AND DISMISSAL 12 CONDITIONED UPON THE COURT’S PIVOTAL PEPTIDES, LLC, RETENTION OF JURISDICTION TO 13 ENFORCE THE SETTLEMENT Defendant. AGREEMENT 16 WHEREAS, Plaintiff Eli Lilly and Company (“Lilly”) initiated this action on October 21, 2024, asserting claims for Unfair Business Practices pursuant to the Washington Consumer Protection Act, RCW § 19.86.010 et seq., and Unfair Competition pursuant to the Washington Consumer Protection Act, RCW § 19.86.010 et seq., based on Defendant Pivotal Peptides, LLC’s (“Pivotal Peptides”) sale of tirzepatide products without valid prescriptions from licensed medical professionals as well as its materially false and misleading statements regarding its research grade tirzepatide products’ safety, quality, and regulatory status.

23 WHEREAS, Pivotal Peptides admits that (i) its tirzepatide products were never subject to any FDA or state approval, supervision, or inspection; (ii) selling tirzepatide products without a valid prescription from a licensed medical professional violates Washington’s laws and public interests; (iii) selling research-grade tirzepatide to consumers as pharmaceutical grade violates Washington’s laws and public interests; and (iv) selling research-grade tirzepatide or a tirzepatide product without a valid prescription from a licensed medical professional endangers patient safety.

4 WHEREAS, Pivotal Peptides will no longer sell or distribute tirzepatide products of any kind, nor will it sell products involving semaglutide or retatrutide.

6 THEREFORE, based on the foregoing and in consideration of the settlement agreement executed by the Parties, Plaintiff Lilly and Defendant Pivotal Peptides hereby STIPULATE that all claims should be DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The Parties agree to bear all costs as incurred.

10 The Parties agree, however, that such dismissal is conditioned upon the Court entering an order retaining jurisdiction to enforce the terms of their Settlement Agreement. See Kokkonen v. Guardian Life Ins. of Am., 511 U.S. 375, 114 S. Ct. 1673 (1994); K.C. ex rel. Erica C. v. Torlakson, 762 F.3d 963, 967 (9th Cir. 2014).

14 WHEREFORE, the Parties request that the Court enter an order approving the Parties’ Settlement Agreement by order of the Court and enter an order retaining jurisdiction over this action, including to enforce the Parties’ Settlement Agreement, prior to dismissing all claims against Pivotal Peptides.

18 DATED: May 19, 2025 MILLER NASH LLP BALLARD SPAHR LLP s/ John C. Clarke s/ John S. Devlin John C. Clarke, WSBA No. 61612 John S. Devlin III, WSBA No. 23988 Elena M. Thompson, WSBA, No. 59626 1420 Fifth Avenue, Suite 4200 1140 SW Washington Square, Suite 700 Seattle, WA 98111 Portland, OR 97205 Telephone: (206) 223-7000 Tel: 503.224.5858 [email protected] Fax: 503.224.0155 [email protected] KIRKLAND & ELLIS LLP [email protected] Joshua L. Simmons (pro hac vice) Attorneys for Defendant Pivotal Peptides, Jeanna M. Wacker (pro hac vice) LLC. 601 Lexington Avenue 26 New York, New York 10022 Telephone: (212) 446-4800 27 [email protected] [email protected] Diana M. Watral (pro hac vice) 2 James F. Hurst (pro hac vice) Robin A. McCue (pro hac vice) 3 333 West Wolf Point Plaza Chicago, Illinois 60654 4 Telephone: (312) 862-2000 [email protected] 5 [email protected] [email protected] Michael A. Glick (pro hac vice) 7 Ragan Naresh (pro hac vice) 1301 Pennsylvania Avenue, N.W. 8 Washington, D.C. 20004 Telephone: (202) 389-5000 9 [email protected] [email protected] Attorneys for Plaintiff, Eli Lilly and 11 Company

ORDER The Court, having reviewed the parties’ Stipulation and [Proposed] Order to Approve Settlement Agreement and Dismissal Conditioned Upon the Court’s Retention of Jurisdiction to Enforce the Settlement Agreement, and considering itself fully advised, hereby GRANTS the parties’ Stipulation.

IT IS SO ORDERED.

DATED this 20th day of May 2025.

21 A 24 THE HONORABLE JOHN C. COUGHENOUR UNITED STATES DISTRICT COURT JUDGE