City of Fullerton et al v. Cephalon Inc. et al
| City of Fullerton, City of Westminster and The People Of The State Of California |
| McKesson Corporation, Ortho McNeil Janssen Pharmaceuticals, Inc., Mallinckrodt LLC, Allergan, Inc., Thrifty Payless Inc., Mallinckrodt PLC, Kaiser Foundation Hospitals, Teva Pharmaceutical Industries, Ltd., DOES 1 through 100, inclusive, Allergan plc, Mylan Institutional Inc., Teva Pharmaceuticals USA, Inc., Endo Pharmaceuticals Inc., Actavis LLC, Cardinal Health, Inc., Cephalon Inc., Actavis Pharma, Inc., Watson Laboratories, Inc., Walgreen Co., Par Pharmaceutical Companies, Inc., Allergan Finance LLC, CVS Health Corporation, Mylan Technologies, Inc., Mylan Inc., Endo Health Solutions Inc., Johnson & Johnson, Cardinal Health 110, LLC, Par Pharmaceutical, Inc., Janssen Pharmaceuticals, Inc., Mylan Pharmaceuticals, Inc., AmerisourceBergen Corporation, Endo International PLC, SpecGx LLC, Janssen Pharmaceutica, Inc., CVS Pharmacy, Inc., Allergan USA, Inc., H.D. Smith Wholesale Drug Co., Does 1-100, inclusive and Johnson and Johnson |
| 8:2019cv02235 |
| November 15, 2019 |
| US District Court for the Central District of California |
| David O Carter |
| Autumn D Spaeth |
| Other Statutory Actions |
| 28 U.S.C. § 1446 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2020. A more recent docket listing may be available from PACER.
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| Filing 42 STATUS REPORT re Transfer Order filed by Defendant CVS Pharmacy, Inc.. (Spertus, James) |
| Filing 41 Transfer Order from the United States Judicial Panel on Multidistrict Litigation, MDL 2804, transferring case to USDC, Northern District of Ohio and assigned to Honorable Dan A. Polster. Case transferred electronically. (MD JS-6. Case Terminated.) (twdb) |
| Filing 40 STATUS REPORT Defendants CVS Pharmacy, Inc. and Walgreen Co.'s Status Report filed by Defendant CVS Pharmacy, Inc.. (Spertus, James) |
| Filing 39 STATUS REPORT Defendant CVS Pharmacy, Inc. and Walgreen Co.'s Status Report filed by Defendant CVS Pharmacy, Inc.. (Spertus, James) |
| Filing 38 NOTICE of Change of Attorney Business or Contact Information: for attorney Grant B Gelberg counsel for Defendant Kaiser Foundation Hospitals. Changing Firm Name and Other Contact Information to NEW firm name: Halpern May Ybarra Gelberg LLP NEW address: 550 S. Hope St. Ste. 2330, Los Angeles, CA 90071. Changing e-mail and fax number to NEW email: grant.gelberg@halpernmay.com NEW fax: (213)402-1901. Filed by Defendant Kaiser Foundation Hospitals. (Gelberg, Grant) |
| Filing 37 NOTICE of Change of Attorney Business or Contact Information: for attorney Joseph John Ybarra, Ybarr counsel for Defendant Kaiser Foundation Hospitals. Changing Firm Name and Other Contact Information to NEW firm name: Halpern May Ybarra Gelberg LLP NEW address: 550 S. Hope St. Ste. 2330, Los Angeles, CA 90071. Changing e-mail and fax number to joseph.ybarra@halpernmay.com NEW fax: (213)402-1901. Filed by Defendant Kaiser Foundation Hospitals. (Ybarra, Joseph) |
| Filing 36 STATUS REPORT Defendants CVS Pharmacy, Inc. and Walgreen Co.'s Status Report filed by Defendant CVS Pharmacy, Inc.. (Spertus, James) |
Filing 35
ORDER by Judge David O. Carter: Denying #28 Defendant CVS Pharmacy, Inc., and Walgreen Co.'s EX PARTE APPLICATION to Consolidate Hearings. DENIED BY ORDER OF THE COURT. (twdb)
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Filing 34
MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER STAYING CASE PENDING JPML HEARING. The Court hereby STAYS the action and holds all pending motions in abeyance. Defendants are ORDERED to file a status report within 3 days of a decision by the JPML, and in any event, every 4 weeks while the stay is pending. All pending hearing dates are VACATED. (twdb)
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| Filing 33 PROOF OF SERVICE filed by Defendant CVS Pharmacy, Inc., re Reply (Motion related), #32 served on December 30, 2019. (Spertus, James) |
| Filing 32 REPLY in Support of EX PARTE APPLICATION for Order for Consolidation of Hearings Defendant CVS Pharmacy, Inc. and Walgreen Co.'s Ex Parte Application to Consolidate Hearings and Ex. A #28 filed by Defendant CVS Pharmacy, Inc.. (Spertus, James) |
| Filing 31 PROOF OF SERVICE filed by Plaintiffs City of Fullerton, City of Westminster, The People Of The State Of California, of PLAINTIFFS OPPOSITION TO DEFENDANT CVS PHARMACY, INC. AND WALGREEN CO.S EX PARTE APPLICATION TO CONSOLIDATE HEARINGS served on 12/27/2019. (Geibelson, Michael) |
| Filing 30 OPPOSITION TO DEFENDANT CVS PHARMACY, INC. AND WALGREEN CO.S EX PARTE APPLICATION TO CONSOLIDATE HEARINGS; DECLARATION OF LUCAS MESSENGER OPPOSITION re: EX PARTE APPLICATION for Order for Consolidation of Hearings Defendant CVS Pharmacy, Inc. and Walgreen Co.'s Ex Parte Application to Consolidate Hearings and Ex. A #28 filed by Plaintiffs City of Fullerton, City of Westminster, The People Of The State Of California. (Messenger, Lucas) |
| Filing 29 PROOF OF SERVICE filed by Defendant CVS Pharmacy, Inc., re EX PARTE APPLICATION for Order for Consolidation of Hearings Defendant CVS Pharmacy, Inc. and Walgreen Co.'s Ex Parte Application to Consolidate Hearings and Ex. A #28 (electronic service re Judge Carter's procedures regarding Ex Parte Applications) served on December 26, 2019. (Spertus, James) |
| Filing 28 EX PARTE APPLICATION for Order for Consolidation of Hearings Defendant CVS Pharmacy, Inc. and Walgreen Co.'s Ex Parte Application to Consolidate Hearings and Ex. A filed by Defendant CVS Pharmacy, Inc.. (Attachments: #1 Proposed Order) (Spertus, James) |
| Filing 27 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #20 filed by Defendant CVS Pharmacy, Inc.. (Attachments: #1 Declaration of Christa L. Culver Wasserman, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Spertus, James) |
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Filing 26
ORDER by Judge David O. Carter: Granting #23 Non-Resident Attorney Conor B. O'Croinin APPLICATION to Appear Pro Hac Vice on behalf of CVS Health Corporation, CVS Pharmacy Inc, designating James W. Spertus as local counsel. (twdb)
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| Filing 25 NOTICE OF MOTION AND MOTION to Stay Case pending Likely Transfer to Multidistrict Litigation filed by Defendant CVS Pharmacy, Inc.. Motion set for hearing on 1/27/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration of James W. Spertus, #2 Exhibit No. 1, #3 Exhibit No. 2, #4 Exhibit No. 3, #5 Exhibit No. 4, #6 Exhibit No. 5, #7 Proposed Order) (Spertus, James) |
| Filing 24 Notice of Appearance or Withdrawal of Counsel: for attorney Joshua David Dick counsel for Defendant Walgreen Co.. Adding Joshua D. Dick as counsel of record for Walgreen Co. for the reason indicated in the G-123 Notice. Filed by Defendant Walgreen Co.. (Attorney Joshua David Dick added to party Walgreen Co.(pty:dft))(Dick, Joshua) |
| Filing 23 APPLICATION of Non-Resident Attorney Conor B. O'Croinin to Appear Pro Hac Vice on behalf of Defendants CVS Health Corporation, CVS Pharmacy, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24999186) filed by Defendants CVS Health Corporation, CVS Pharmacy, Inc.. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in A Specific Case Pro Hac Vice) (Spertus, James) |
| Filing 22 NOTICE OF LODGING filed [Proposed] Order re NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #20 (Attachments: #1 Proposed Order)(Messenger, Lucas) |
| Filing 21 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #20 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) |
| Filing 20 NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court filed by Plaintiffs City of Fullerton, City of Westminster, The People Of The State Of California. Motion set for hearing on 1/13/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Request for Judicial Notice In Support of Motion to Remand) (Messenger, Lucas) |
| Filing 19 NOTICE filed by Defendants CVS Health Corporation, CVS Pharmacy, Inc.. Defendants CVS Health Corporation's and CVS Pharmacy, Inc.'s Notice of Pendency of Other Actions or Proceedings (Spertus, James) |
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Filing 18
ORDER by Judge David O. Carter, Granting Joint Stipulation to Extend Time to Answer (More than 30 days) #8 . Defendants Thrifty Payless, Inc., CVS Health Corporation, CVS Pharmacy, Inc., and Walgreen Co., shall be granted an enlargement of time to respond to Plaintiffs Complaint until sixty (60) days after this Court rules on any Motion to Remand, or after the JPML makes a final decision regarding transfer to the MDL Proceeding, whichever is later. (twdb)
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Filing 17
ORDER by Judge David O. Carter, Granting Joint Stipulation to Extend Time to Answer (More than 30 days) #16 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 16 Joint STIPULATION for Extension of Time to File Answer filed by Defendant Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson and Johnson, Ortho McNeil Janssen Pharmaceuticals, Inc.. (Attachments: #1 Proposed Order)(Attorney Michael G Yoder added to party Janssen Pharmaceutica, Inc.(pty:dft), Attorney Michael G Yoder added to party Janssen Pharmaceuticals, Inc.(pty:dft), Attorney Michael G Yoder added to party Johnson and Johnson(pty:dft), Attorney Michael G Yoder added to party Ortho McNeil Janssen Pharmaceuticals, Inc.(pty:dft))(Yoder, Michael) |
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Filing 15
ORDER by Judge David O. Carter, Granting Joint Stipulation to Extend Time to Answer (More than 30 days) #12 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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Filing 14
ORDER Granting Stipulation for Extension of Time to File Response/Reply #11 by Judge David O. Carter. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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Filing 13
INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER upon filing of the complaint by Judge David O. Carter. (dgo)
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| Filing 12 STIPULATION for Extension of Time to File Answer filed by Defendant Kaiser Foundation Hospitals. (Attachments: #1 Proposed Order)(Attorney Joseph John Ybarra added to party Kaiser Foundation Hospitals(pty:dft))(Ybarra, Joseph) |
| Filing 11 Joint STIPULATION for Extension of Time to File filed by Defendant McKesson Corporation. (Attachments: #1 Proposed Order)(Attorney Nathan Evans Shafroth added to party McKesson Corporation(pty:dft))(Shafroth, Nathan) |
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Filing 10
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 8:19-cv-02154 DOC(ADSx). Case transferred from Magistrate Judge Karen E. Scott and Judge Josephine L. Staton to Judge David O. Carter and Magistrate Judge Autumn D. Spaeth for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:19-cv-02235 DOC(ADSx). Signed by Judge David O. Carter (rn)
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| Filing 9 PROOF OF SERVICE filed by Defendants CVS Health Corporation, CVS Pharmacy, Inc., re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #7 , Notice of Assignment to United States Judges(CV-18) - optional html form #6 served on November 19, 2019. (Spertus, James) |
| Filing 8 Joint STIPULATION for Extension of Time to File Answer filed by Defendant Thrifty Payless Inc.. (Attachments: #1 Proposed Order)(Attorney Benjamin Patrick Smith added to party Thrifty Payless Inc.(pty:dft))(Smith, Benjamin) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge Karen E. Scott. (car) |
| Filing 5 NOTICE Defendants CVS Health Corporation's and CVS Pharmacy, Inc.'s Notice of Filing of Notice in State Court filed by Defendants CVS Health Corporation, CVS Pharmacy, Inc.. (Attachments: #1 Exhibit A)(Spertus, James) |
| Filing 4 PROOF OF SERVICE filed by Defendants CVS Health Corporation, CVS Pharmacy, Inc., re Notice of Removal (Attorney Civil Case Opening),,, #1 , Certificate/Notice of Interested Parties #3 , Civil Cover Sheet (CV-71) #2 served on November 15, 2019. (Spertus, James) |
| CONFORMED COPY OF COMPLAINT against Defendants. Jury Demanded, filed by Plaintiffs City of Westminster, City of Fullerton, The People Of The State Of California. Filed in State Court on 10/24/19 Submitted with Attachment 3 Exhibit B to Notice of Removal #1 (car) |
| Filing 3 NOTICE of Interested Parties filed by Defendants CVS Health Corporation, CVS Pharmacy, Inc., identifying Parent CVS Health Corporation and other potentially interested parties. (Spertus, James) |
| Filing 2 CIVIL COVER SHEET filed by Defendants CVS Health Corporation, CVS Pharmacy, Inc.. (Spertus, James) |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2019-01107327 Receipt No: 0973-24795312 - Fee: $400, filed by Defendants CVS Pharmacy, Inc., CVS Health Corporation. (Attachments: #1 Declaration of James W. Spertus In Support of Defendants CVS Health Corporation's and CVS Pharmacy Inc.'s Notice of Removal, #2 Exhibit A - Summons, #3 Exhibit B - Complaint, #4 Exhibit C - Civil Case Cover Sheet, #5 Exhibit D - Notice of Related Case, #6 Exhibit E - Notice of Case Assignment, #7 Exhibit F - Notice of Submission of Petition for Coordination, #8 Exhibit G - Docket, #9 Exhibit H - Order Staying Actions Pending JPML Action, #10 Exhibit I - JPML Transfer Order, #11 Exhibit J - Notice of Voluntary Dismissal) (Attorney James W Spertus added to party CVS Health Corporation(pty:dft), Attorney James W Spertus added to party CVS Pharmacy, Inc.(pty:dft))(Spertus, James) |
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