Fultondale, Alabama, City of et al v. Amneal Pharmaceuticals LLC et al
| Centre, Alabama, City of, Attalla, Alabama, City Of, Graysville, Alabama, City of, Dadeville, Alabama, City of, Cedar Bluff, Alabama, Town of, Camp Hill, Alabama, Town of, Gilbertown, Alabama, Town Of, Oakman, Alabama, Town of and Fultondale, Alabama, City of |
| Thomas Mason Dunn, Steven Bruce Hefter, Mallinckrodt LLC, McKesson Corporation, Mallinckrodt PLC, Rite Aid of Maryland Inc, CVS Pharmacy Inc, Matthew Korcz, Rite Aid of Alabama Inc, Walgreen Co Inc, Janssen Pharmaceuticals Inc, Cephalon Inc, Par Pharmaceuticals Companies Inc, Cindy Louis Hyche Dunn, Ngozi Justina Ozuligbo, Endo Health Solutions Inc, Teva Pharmaceuticals USA Inc, Amneal Pharmaceuticals LLC, Amneal Pharmaceuticals Inc, Henry Schein Inc, Assertio Therapeutics Inc, Allergan Finance LLC, H.D. Smith LLC, Mallinckrodt Brand Pharmaceuticals Inc, Care Complete Medical, Wal-Mart Stores East LP, Allergan PLC, Austin Haskew, Johnson & Johnson, Weightloss Clinic and Pain Management (CDPM), Alt MD PC, Doctor Buckingham M.D., Endo Pharmaceuticals Inc, Allergan Sales LLC, Clinic (CCMC) LLC, Amerisourcebergen Drug Corporation, Anda Inc, Cindy Dunn, CVS Health Corporation, Noramco Inc, Specgx LLC, Elizabeth Korcz, Par Pharmaceutical Inc, Cardinal Health Inc, John Ladd Buckingham, Actavis LLC, Morris & Dickson Co LLC, Actavis Pharma Inc, Allergan USA Inc, CVS Indiana LLC, Wal-Mart Inc, Walgreen Eastern Co Inc, Watson Pharmaceuticals Inc, Watson Pharma Inc, Alt MD PC doing business as Hoover Alt MD and H.D. Smith Wholesale Drug Company |
| 2:2020cv00848 |
| June 15, 2020 |
| US District Court for the Northern District of Alabama |
| Annemarie Carney Axon |
| John H England |
| Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on August 3, 2020. A more recent docket listing may be available from PACER.
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| Filing 31 REPLY to re #23 Moving Defendants Reply in Support of Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation filed by Endo Health Solutions Inc, Endo Pharmaceuticals Inc, Par Pharmaceutical Inc, Par Pharmaceuticals Companies Inc. (Turner, Sara) |
| Filing 30 RESPONSE in Opposition re #23 MOTION to Stay Moving Defendants Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation filed by Attalla, Alabama, City Of, Camp Hill, Alabama, Town of, Cedar Bluff, Alabama, Town of, Centre, Alabama, City of, Dadeville, Alabama, City of, Fultondale, Alabama, City of, Gilbertown, Alabama, Town Of, Graysville, Alabama, City of, Oakman, Alabama, Town of. (Frazer, Thomas) |
| Filing 29 REPLY Brief in Support of #20 filed by Plaintiffs Attalla, Alabama, City Of, Camp Hill, Alabama, Town of, Cedar Bluff, Alabama, Town of, Centre, Alabama, City of, Dadeville, Alabama, City of, Fultondale, Alabama, City of, Gilbertown, Alabama, Town Of, Graysville, Alabama, City of, Oakman, Alabama, Town of re: #26 Response in Opposition to Motion, filed by Attalla, Alabama, City Of, Camp Hill, Alabama, Town of, Cedar Bluff, Alabama, Town of, Centre, Alabama, City of, Dadeville, Alabama, City of, Fultondale, Alabama, City of, Gilbertown, Alabama, Town Of, Graysville, Alabama, City of, Oakman, Alabama, Town of. (Attachments: #1 Exhibit A - Case Authority)(Frazer, Thomas) Modified on 7/27/2020 (KEK). |
| Filing 28 REPLY in Support of Plaintiffs' Motion to Remand filed by Attalla, Alabama, City Of, Camp Hill, Alabama, Town of, Cedar Bluff, Alabama, Town of, Centre, Alabama, City of, Dadeville, Alabama, City of, Fultondale, Alabama, City of, Gilbertown, Alabama, Town Of, Graysville, Alabama, City of, Oakman, Alabama, Town of. (Frazer, Thomas) Modified on 7/27/2020 (KEK). |
Filing 27
TEXT ORDER - Before the court is #23 Moving Defendants Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation - A response to this motion is due on or before July 28, 2020. Signed by Judge Annemarie Carney Axon on 7/21/20. (SAC)
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| Filing 26 RESPONSE in Opposition re #20 MOTION to Strike #9 Notice of Removal, , #19 MOTION to Remand MOTION to Remand to State Court filed by Walgreen Co Inc, Walgreen Eastern Co Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Sumblin, Anne) |
| Filing 25 RESPONSE in Opposition re #19 MOTION to Remand MOTION to Remand to State Court filed by Endo Health Solutions Inc, Endo Pharmaceuticals Inc. (Attachments: #1 Exhibit 1)(Turner, Sara) |
| Filing 24 Brief re #23 MOTION to Stay Moving Defendants Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation Moving Defendants Memorandum in Support of Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation filed by Endo Health Solutions Inc, Endo Pharmaceuticals Inc, Par Pharmaceutical Inc, Par Pharmaceuticals Companies Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Turner, Sara) |
| Filing 23 MOTION to Stay Moving Defendants Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation by Endo Health Solutions Inc, Endo Pharmaceuticals Inc, Par Pharmaceutical Inc, Par Pharmaceuticals Companies Inc. (Turner, Sara) |
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Filing 22
TEXT ORDER. On June 29, 2020, the court entered a 15 show cause order requiring Plaintiffs to respond to Defendants' arguments about the court's subject matter jurisdiction, and permitting Defendants to reply on or before July 20, 2020. In response, Plaintiffs filed a #19 motion to remand and a #20 motion to strike the #9 supplemental notice of removal. On or before July 20, 2020, Defendants may file one joint response to each motion; the joint responses will also serve as their replies to the court's show cause order. Plaintiffs may file a reply to each joint response, if necessary, on or before July 27, 2020. Signed by Judge Annemarie Carney Axon on 7/14/20. (SAC)
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| Filing 21 RESPONSE in Opposition re #11 MOTION to Dismiss filed by Attalla, Alabama, City Of, Camp Hill, Alabama, Town of, Cedar Bluff, Alabama, Town of, Centre, Alabama, City of, Dadeville, Alabama, City of, Fultondale, Alabama, City of, Gilbertown, Alabama, Town Of, Graysville, Alabama, City of, Oakman, Alabama, Town of. (Frazer, Thomas) |
| Filing 20 MOTION to Strike #9 Notice of Removal, by Attalla, Alabama, City Of, Camp Hill, Alabama, Town of, Cedar Bluff, Alabama, Town of, Centre, Alabama, City of, Dadeville, Alabama, City of, Fultondale, Alabama, City of, Gilbertown, Alabama, Town Of, Graysville, Alabama, City of, Oakman, Alabama, Town of. (Attachments: #1 Exhibit A. Judge Polster's Opinion and Order)(Frazer, Thomas) |
| Filing 19 MOTION to Remand , MOTION to Remand to State Court by Attalla, Alabama, City Of, Camp Hill, Alabama, Town of, Cedar Bluff, Alabama, Town of, Centre, Alabama, City of, Dadeville, Alabama, City of, Fultondale, Alabama, City of, Gilbertown, Alabama, Town Of, Graysville, Alabama, City of, Oakman, Alabama, Town of. (Attachments: #1 Exhibit A. Brown v. Endo, #2 Exhibit B. Judge Polster's Opinion and Order, #3 Exhibit C. Judge Poster's Opinion and Order regarding Defendants' Motion to Dismiss)(Frazer, Thomas) |
| Filing 18 Corporate Disclosure Statement by Amneal Pharmaceuticals LLC. filed by Amneal Pharmaceuticals LLC (Walker, Thomas) |
| Filing 17 Corporate Disclosure Statement by Amneal Pharmaceuticals Inc. filed by Amneal Pharmaceuticals Inc (Walker, Thomas) |
| Filing 16 Corporate Disclosure Statement by Amerisourcebergen Drug Corporation. filed by Amerisourcebergen Drug Corporation (Strubel, J) |
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Filing 15
TEXT ORDER vacating the 12 briefing schedule on Defendant Assertio Therapeutics, Inc.'s #11 motion to dismiss. The removing defendants assert in their #1 notice of removal that the court has diversity jurisdiction because any non-diverse defendants were fraudulently joined. Other defendants assert in a #9 supplemental notice of removal that the court has federal question jurisdiction under the Class Action Fairness Act and because this case presents a substantial federal question. The court ORDERS Plaintiffs to respond to all assertions of subject matter jurisdiction, in writing, on or before July 13, 2020. Defendants may file a reply, if necessary, on or before July 20, 2020. Signed by Judge Annemarie Carney Axon on 6/29/2020. (KEK)
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| Filing 14 Corporate Disclosure Statement by Rite Aid of Alabama Inc, Rite Aid of Maryland Inc. filed by Rite Aid of Alabama Inc, Rite Aid of Maryland Inc (Irvine, George) |
| Filing 13 Corporate Disclosure Statement by Wal-Mart Inc, Wal-Mart Stores East LP. filed by Wal-Mart Inc, Wal-Mart Stores East LP (Hargrove, Alan) |
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Filing 12
***VACATED*** TEXT ORDER - Before the court is #11 Motion to Dismiss, filed by Assertio Therapeutics Inc. The plaintiffs' response is due on or before July 7, 2020; a reply, if any, is due on or before July 14, 2020. Signed by Judge Annemarie Carney Axon on 6/23/20. (SAC) Modified on 6/29/2020 (KEK).
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| Filing 11 MOTION to Dismiss by Assertio Therapeutics Inc. (Green, Wilson) |
| Filing 10 Corporate Disclosure Statement by Assertio Therapeutics Inc. filed by Assertio Therapeutics Inc (Green, Wilson) |
| Filing 9 NOTICE OF REMOVAL by Walgreen Co Inc, Walgreen Eastern Co Inc Supplemental Notice of Removal from Circuit Court of Jefferson County, Alabama, Birmingham Division, case number cv-2020-901723. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Sumblin, Anne) |
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Filing 8
TEXT ORDER granting the #5 motion for extension of time for the moving defendants to file a responsive pleading until thirty days after the later of (1) a decision by the Judicial Panel on Multidistrict Litigation granting a motion to vacate a conditional transfer order covering this action or otherwise finally denying transfer of this action; or (2) this court's ruling on the propriety of remand. Signed by Judge Annemarie Carney Axon on 6/17/2020. (RLW)
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| Filing 7 NOTICE OF REASSIGNMENT The above-styled civil action has been reassigned to the Honorable Annemarie Carney Axon. Please use case number 2:20 CV 848 ACA on all subsequent pleadings. (AKD) |
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Filing 6
ORDER REASSIGNING CASE- Due to the nature of this action and case-specific circumstances, the undersigned has determined he will not be able to obtain consent in this action in a timely manner. Therefore, consistent with the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the Clerk is DIRECTED to reassign the case to a District Judge for all further proceedings. Signed by Magistrate Judge John H England, III on 06/17/2020. (AKD)
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| Filing 5 Emergency MOTION for Extension of Time Moving Defendants Emergency Motion for Extension of Time to File Responsive Pleadings Motion is RIPE 6/16/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Endo Health Solutions Inc, Endo Pharmaceuticals Inc, Par Pharmaceutical Inc, Par Pharmaceuticals Companies Inc. (Turner, Sara) |
| Filing 4 Corporate Disclosure Statement by Endo Pharmaceuticals Inc. filed by Endo Pharmaceuticals Inc (Turner, Sara) |
| Filing 3 Corporate Disclosure Statement by Endo Health Solutions Inc. filed by Endo Health Solutions Inc (Turner, Sara) |
| Filing 2 NOTICE OF CONSENT to a magistrate judge in a civil action. (AKD) |
| Filing Fee: Filing fee $ 400, receipt_number 1126-3611118 (ALND receipt# B4601106597). related document #1 NOTICE OF REMOVAL by Endo Health Solutions Inc and Endo Pharmaceuticals Inc from Jefferson County Circuit Court, case number 01-CV-202--901723., filed by Endo Health Solutions Inc, Endo Pharmaceuticals Inc. (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit Part 4, # 5 Exhibit Part 5, # 6 Exhibit Part 6, # 7 Exhibit Part 7, # 8 Exhibit Part 8, # 9 Exhibit Part 9, # 10 Exhibit Part 10)(AKD). (Turner, Sara) Modified on 6/16/2020 (AKD). |
| Defendant Henry Shein Inc. motion for extension of time to answer deemed filed in Circuit Court of Jefferson County on 6/14/2020 ( Exhibit 10 page 873) (AKD) |
| Defendant McKesson Corporation motion for extention of time deemed filed in Circuit Court of Jefferson County on 6/4/2020 (exhibit 10 page 682) (AKD) |
| Filing 1 NOTICE OF REMOVAL by Endo Health Solutions Inc and Endo Pharmaceuticals Inc from Jefferson County Circuit Court, case number 01-CV-202--901723., filed by Endo Health Solutions Inc, Endo Pharmaceuticals Inc. (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2, #3 Exhibit Part 3, #4 Exhibit Part 4, #5 Exhibit Part 5, #6 Exhibit Part 6, #7 Exhibit Part 7, #8 Exhibit Part 8, #9 Exhibit Part 9, #10 Exhibit Part 10)(AKD) |
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