Tucson Medical Center v. Purdue Pharma LP et al
| Tucson Medical Center |
| Purdue Frederick Company Incorporated, Purdue Pharma LP, Abbott Laboratories, Mallinckrodt LLC, Mallinckrodt PLC, Anda Incorporated, Allergan PLC, Purdue Pharma Incorporated, Insys Therapeutics Incorporated, Actavis LLC, Amneal Pharmaceuticals LLC, Cephalon Incorporated, H.D. Smith LLC, Henry Schein Incorporated, Janssen Pharmaceutica Incorporated, Endo Health Solutions Incorporated, Teva Pharmaceuticals USA Incorporated, Depomed Incorporated, Johnson & Johnson, Actavis Pharma Incorporated, Endo Pharmaceuticals Incorporated, Watson Laboratories Incorporated, Cardinal Health Incorporated, AmerisourceBergen Drug Corporation, Abbott Laboratories Incorporated, Ortho-McNeil-Janssen Pharmaceuticals Incorporated, Watson Pharmaceuticals Incorporated, Specgx LLC, Noramco Incorporated, Janssen Pharmaceuticals Incorporated, H.D. Smith Wholesale Drug Company, Actavis PLS and Watson Pharma Incorporated |
| 4:2018cv00532 |
| October 29, 2018 |
| US District Court for the District of Arizona |
| Raner C Collins |
| Jennifer G Zipps |
| Other Statutes: Racketeer/Corrupt Organization |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on December 19, 2018. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 36
ORDER: IT IS ORDERED Plaintiff's #6 Emergency Motion to Remand and for Sanctions is GRANTED IN PART AND DENIED IN PART. The request for remand is GRANTED, and the request for sanctions and/or fees is DENIED. Defendants' #9 Motion to Stay Proceedings is DENIED. This action is remanded to The Superior Court of Pima County, Arizona. The Clerk of the Court is ordered to close the Court's file in this matter. Signed by Judge Raner C Collins on 12/18/18. (Attachments: #1 Remand Letter) (BAC)
|
| Remark: Pro hac vice motion granted for Brandon Montminy on behalf of Henry Schein Inc. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motions granted for C Scott Jones and John P McDonald on behalf of defendant Henry Schein Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 35 TRANSCRIPT of MOTION HEARING held on 11/26/2018, before Judge RANER C. COLLINS. Court Reporter Erica R. McQuillen. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/21/2018. Redacted Transcript Deadline set for 12/31/2018. Release of Transcript Restriction set for 2/28/2019. (CSM) |
| Filing 34 TRANSCRIPT REQUEST AMENDED by AmerisourceBergen Drug Corporation for proceedings held on November 26, 2018, Judge Raner C Collins hearing judge(s). (Kastner, John) |
| Filing 33 TRANSCRIPT REQUEST by Purdue Frederick Company Incorporated, Purdue Pharma Incorporated, Purdue Pharma LP for proceedings held on November 26, 2018, Judge Raner C Collins hearing judge(s). (Benveniste, Katherine) |
| Filing 32 TRANSCRIPT REQUEST by AmerisourceBergen Drug Corporation for proceedings held on November 26, 2018, Judge Raner C Collins hearing judge(s). (Kastner, John) |
| Filing 31 TRANSCRIPT REQUEST by Tucson Medical Center for proceedings held on November 26, 2018, Judge Raner C Collins hearing judge(s). (Mitchell, Steven) |
| Filing 30 NOTICE re: Notice of Supplement for the Record by Tucson Medical Center . (Attachments: #1 Exhibit, #2 Exhibit)(Mitchell, Steven) |
| Filing 29 MINUTE ENTRY for proceedings held before Judge Raner C. Collins: Motion Hearing held on 11/26/2018. Counsel present argument on the Emergency Motion to Remand and for Sanctions #6 filed by the Plaintiff and the Motion to Stay Pending Transfer to Multidistrict Litigation #9 filed by the Defendants. The Court takes all matters Under Advisement. Formal order to follow. APPEARANCES: Louis Bograd, Samuel Mitchell and Danhnait McLaughlin for Plaintiffs. Steven Boranian, John Kastner, Jr., Christina Vitale, David Potts and Kate Benveniste for Defendants. (Court Reporter Erica McQuillen.) Hearing held 3:00 PM to 3:59 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SSG) |
| Filing 28 NOTICE of Appearance by Christina Marie Vitale on behalf of Actavis LLC, Actavis Pharma Incorporated, Cephalon Incorporated, Teva Pharmaceuticals USA Incorporated, Watson Laboratories Incorporated. (Vitale, Christina) |
| Filing 27 NOTICE of Appearance by Katherine L Benveniste on behalf of Purdue Frederick Company Incorporated, Purdue Pharma Incorporated, Purdue Pharma LP. (Benveniste, Katherine) |
| Filing 26 RESPONSE re: #25 Notice (Other) Notice of Response To AmerisourceBergen's Notice of Supplemental Authority by Plaintiff Tucson Medical Center. (Attachments: #1 Exhibit Exhibit A - Stipulation to Stay, #2 Exhibit Exhibit B - ABDC Consent to Remand)(Mitchell, Steven) |
| Remark: Pro hac vice motion granted for Louis M Bograd on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 25 NOTICE re: Supplemental Citations by AmerisourceBergen Drug Corporation re: #21 Response in Opposition to Motion to Remand and for Sanctions. (Kastner, John) |
| Filing 24 REPLY to Response to Motion re: #6 Emergency MOTION to Remand to State Court MOTION for Sanctions filed by Tucson Medical Center. (Attachments: #1 Exhibit Exhibit A)(Mitchell, Steven) |
| Remark: Pro hac vice motion granted for Teresa C Chow on behalf of defendant Cardinal Health Incorporated. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
|
Filing 23
ORDER: IT IS ORDERED that Oral Argument on Plaintiff, Tucson Medical Center's #6 Emergency Motion to Remand and for Sanctions, and Distributor Defendants #9 Motion to Stay shall occur on 11/26/18 at 3:00 p.m. before Judge Raner C. Collins. Should any party desire to participate telephonically, they are directed to email the Court's law clerk, Tanya Miller on or before 11/19/18. Signed by Judge Raner C Collins on 11/14/18.(BAC)
|
| Filing 22 STIPULATION to Continue Oral Argument by Tucson Medical Center. (Attachments: #1 Text of Proposed Order)(Mitchell, Steven) |
| Filing 21 RESPONSE in Opposition re: #6 Emergency MOTION to Remand to State Court MOTION for Sanctions filed by AmerisourceBergen Drug Corporation. (Attachments: #1 Affidavit)(Kastner, John) |
| Remark: Pro hac vice motion granted for Samuel F Mitchell on behalf of plaintiff. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 20 REPLY to Response to Motion re: #9 MOTION to Stay Pending Transfer to MDL filed by AmerisourceBergen Drug Corporation. (Attachments: #1 Exhibit)(Kastner, John) |
|
Filing 19
ORDER: IT IS ORDERED Plaintiff's #11 Motion to Expedite is GRANTED IN PART. The Court will order expedited briefing and oral argument: Defendants' Response to Plaintiff's #6 Emergency Motion to Remand and for Sanctions shall be filed on or before 11/13/18. Plaintiff's Reply in support of its Motion to Remand and for Sanctions shall be filed on or before 11/16/18. Oral argument on Plaintiff's #6 Emergency Motion to Remand and for Sanctions and Defendants' #9 Motion to Stay Pending Transfer to MDL will occur on 11/21/18 at 1:30 p.m. before Judge Raner C. Collins. Should any party desire to participate telephonically, they are directed to email the law clerk on or before 11/13/18. Signed by Judge Raner C Collins on 11/6/18. (BAC)
|
| Remark: Pro hac vice motion granted for Steven James Boranian on behalf of AmerisourceBergen Drug Corporation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 18 NOTICE of Appearance by Adam Weisman on behalf of Henry Schein Incorporated. (Weisman, Adam) |
|
Filing 17
ORDER pursuant to #13 Stipulation For Extension of Time To Answer Complaint. IT IS ORDERED Manufacturer Defendants and Distributor Defendants shall have through and including 30 days after the later of this Court's ordering remanding the case to state court; this Court's ruling on the Motion to Stay; or the entry of a decision by the JPML granting a motion to vacate a conditional transfer order covering this action (or otherwise finally denying transfer of this action to the MDL), to move, answer, and otherwise respond to the Complaint. (See attached PDF for complete information). Signed by Judge Raner C Collins on 11/2/18.(BAC)
|
| Filing 16 REPLY to Response to Motion re: #11 Emergency MOTION to Expedite PLAINTIFFS MOTION TO EXPEDITE BRIEFING AND RULING ON PLAINTIFFS EMERGENCY MOTION TO REMAND AND FOR SANCTIONS filed by Tucson Medical Center. (Attachments: #1 Exhibit Exhibit A)(Mitchell, Steven) |
| Filing 15 RESPONSE in Opposition re: #11 Emergency MOTION to Expedite PLAINTIFFS MOTION TO EXPEDITE BRIEFING AND RULING ON PLAINTIFFS EMERGENCY MOTION TO REMAND AND FOR SANCTIONS filed by AmerisourceBergen Drug Corporation. (Attachments: #1 Exhibit)(Kastner, John) |
| Filing 14 NOTICE of Errata re: #13 Stipulation For Extension of Time To Answer Complaint RESPOND TO COMPLAINT by Defendant AmerisourceBergen Drug Corporation. (Attachments: #1 Stipulation for Extension of Time to Answer and Respond to Complaint)(Kastner, John) |
| Filing 13 *STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT re: #1 Notice of Remove RESPOND TO COMPLAINT by AmerisourceBergen Drug Corporation. (Attachments: #1 Text of Proposed Order)(Kastner, John) *Modified to correct reference to related case on 11/2/2018 (MFR). |
|
Filing 12
ORDERED that this matter s reassigned to the Honorable Raner C Collins. Signed by Judge Jennifer G Zipps on 10/31/2018. (BAR)
|
| Filing 11 Emergency MOTION to Expedite PLAINTIFFS MOTION TO EXPEDITE BRIEFING AND RULING ON PLAINTIFFS EMERGENCY MOTION TO REMAND AND FOR SANCTIONS by Tucson Medical Center. (Mitchell, Steven) |
| Filing 10 RESPONSE to Motion re: #9 MOTION to Stay Pending Transfer to MDL Plaintiff's Response in Opposition to Distributor Defendants' Motion to Stay All Proceedings filed by Tucson Medical Center. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Mitchell, Steven) |
| Filing 9 MOTION to Stay Pending Transfer to MDL by AmerisourceBergen Drug Corporation. (Attachments: #1 Exhibit Index and Exhibits, #2 Text of Proposed Order)(Kastner, John) |
| Filing 8 NOTICE re: Notice of Related Cases LRCiv 3.7 by AmerisourceBergen Drug Corporation re: #1 Notice of Removal . (Kastner, John) |
| Filing 7 Corporate Disclosure Statement by Tucson Medical Center. (Mitchell, Steven) |
| Filing 6 *Plaintiff's Emergency Motion to Remand and For Sanctions by Tucson Medical Center. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Mitchell, Steven) *Modified to remove motion part and to modify docket text for clarity on 10/31/2018 (KAH). |
| Filing 5 *Corporate Disclosure Statement by AmerisourceBergen Drug Corporation. (Kastner, John) *Document filed without case number; attorney notified on 10/31/2018 (KAH). |
| Filing 4 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to AmerisourceBergen Drug Corporation. (MFR) |
| Filing 3 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (MFR) |
| Filing 2 Filing fee paid, receipt number 0970-16133027. This case has been assigned to the Honorable Jennifer G Zipps. All future pleadings or documents should bear the correct case number: CV-18-0532-TUC-JGZ. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MFR) |
| Filing 1 NOTICE OF REMOVAL from Pima County Superior Court, case number C20184991. Filing fee received: $ 400.00, receipt number 0970-16133027 filed by AmerisourceBergen Drug Corporation. (Kastner, John) (Attachments: #1 Civil Cover Sheet, #2 Supplemental Civil Cover Sheet, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5)(MFR) |
| ***STATE COURT RECORD RECEIVED*** SERVICE EXECUTED : Affidavit of Service re: Summons, Civil Cover Sheet with Attachment, Complaint and Motion to Designate Action as Complex upon Johnson & Johnson, Janssen Pharmaceuticals Incorporated, Ortho-McNeil-Janssen Pharmaceuticals Incorporated, Janssen Pharmaceutica Incorporated, Endo Pharmaceuticals Incorporated, H.D. Smith LLC, Endo Health Solutions Incorporated and Amneal Pharmaceuticals LLC on 10/11/2018 (original filed in Pima County Superior Court on 10/15/2018); Affidavit of Service re: Summons, Civil Cover Sheet with Attachment, Complaint and Motion to Designate Action as Complex upon Allergan PLC, Actavis LLC, Cephalon Incorporated, Anda Incorporated, Watson Pharmaceuticals Incorporated and Watson Pharmaceuticals Incorporated on 10/11/2018 (original filed in Pima County Superior Court on 10/17/2018); Affidavit of Service of Process re: Summons, Civil Cover Sheet with Attachment, Complaint and Motion to Designate Action as Complex upon Actavis Pharma Incorporated, Watson Laboratories Incorporated and Teva Pharmaceuticals USA Incorporated on 10/10/2018 (original filed in Pima County Superior Court on 10/18/2018); Amended Affidavit of Service of Process re: Summons, Civil Cover Sheet with Attachment, Complaint and Motion to Designate Action as Complex upon Abbott Laboratories, Purdue Pharma LP, Henry Schein Incorporated, Cardinal Health Incorporated, AmerisourceBergen Drug Corporation, Insys Therapeutics Incorporated and Abbott Laboratories Incorporated on 10/10/2018 (original filed in Pima County Superior Court on 10/18/2018); Affidavit of Service of Process re: Summons, Civil Cover Sheet with Attachment, Complaint and Motion to Designate Action as Complex upon Specgx LLC, Mallinckrodt LLC and Mallinckrodt PLC on 10/11/2018 (original filed in Pima County Superior Court on 10/19/2018); Affidavit of Service of Process re: Summons, Civil Cover Sheet with Attachment, Complaint and Motion to Designate Action as Complex upon Depomed Incorporated and Noramco Incorporated on 10/15/2018 (original filed in Pima County Superior Court on 10/23/2018); Affidavit of Service of Process re: Summons, Civil Cover Sheet with Attachment, Complaint and Motion to Designate Action as Complex upon Purdue Pharma Incorporated and Purdue Frederick Company Incorporated on 10/11/2018 (original filed in Pima County Superior Court on 10/23/2018). (MFR) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. Modified on 10/30/2018 (MFR). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Arizona District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
