City of Dublin et al v. Cephalon, Inc. et al
| City of Dublin, City of Murrieta and The People of the State of California |
| McKesson Corporation, Mallinckrodt, LLC, Ortho McNeil Janssen Pharmaceuticals, Inc., Does 1-100, Inclusive, Allergan, Inc., Thrifty Payless Inc., Kaiser Foundation Hospitals, Teva Pharmaceutical Industries, Ltd., Allergan PLC, Mylan Institutional Inc., Teva Pharmaceuticals USA, Inc., Endo Pharmaceuticals Inc., Actavis LLC, Cardinal Health, Inc., Allergan Finance LLC, Actavis Pharma, Inc., Watson Laboratories, Inc., Walgreen Co., Cephalon, Inc., Par Pharmaceutical Companies, Inc., 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, Mallinckrodt, PLC, Janssen Pharmaceutica, Inc., CVS Pharmacy, Inc., Allergan USA, Inc. and H.D. Smith Wholesale Drug Co. |
| 8:2020cv01202 |
| July 7, 2020 |
| 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 August 12, 2020. A more recent docket listing may be available from PACER.
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Filing 27
MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER STAYING CASE PENDING JPML HEARING. All pending hearing dates are VACATED. (Made JS-6. Case Terminated.) (twdb)
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| Filing 26 SCHEDULING NOTICE by Judge David O. Carter. The Court finds the Plaintiff's Motion to Remand #17 is appropriate for decision without oral argument. Fed. R. Civ. P. 78; Local Rule 7-15. Accordingly, the hearing set for 8/31/2020 is removed from the calendar and the motion is taken under submission. No appearances are necessary on this date and time. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY |
| Filing 25 Joint STIPULATION to Continue Scheduling Conference from August 31, 2020 to the Later of the Court's Ruling on either (1) Motion to Stay (Docket No. #16 ) or (2) Motion to Remand (Docket No. #17 ) Re: Initial Order Setting R26 Scheduling Conference - form only #19 filed by Defendant CVS Pharmacy, Inc.. (Attachments: #1 Proposed Order Granting Joint Stipulation for Continuance of August 31, 2020 Scheduling Conference)(Spertus, James) |
| Filing 24 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #17 filed by Defendant CVS Pharmacy, Inc.. (Attachments: #1 Declaration of James W. Spertus, #2 Exhibit 1)(Spertus, James) |
| Filing 23 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Stay Case pending Judicial Panel on Multidistrict Litigation's Finalization of Its Conditional Transfer Order Transferring This Case #16 filed by Plaintiffs City of Dublin, City of Murrieta, The People of the State of California. (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, #13 Exhibit M, #14 Exhibit N)(Boucher, Raymond) |
| Filing 22 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Stay Case pending Judicial Panel on Multidistrict Litigation's Finalization of Its Conditional Transfer Order Transferring This Case #16 filed by Plaintiffs City of Dublin, City of Murrieta, The People of the State of California. (Boucher, Raymond) |
| Filing 21 NOTICE OF CLERICAL ERROR: G-11 prepared in error. The proposed order is attached to the request for judicial notice at [18-7], RE #20 . (twdb) |
| Filing 20 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #17 . 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) |
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Filing 19
ORDER SETTING SCHEDULING CONFERENCE by Judge David O. Carter. Scheduling Conference set for 8/31/2020 at 08:30 AM before Judge David O. Carter. (rrp)
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| Filing 18 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #17 filed by Plaintiffs City of Dublin, City of Murrieta, The People of the State of California. (Attachments: #1 Exhibit A - El Monte Statement of Decision, #2 Exhibit B - Moratorium Order, #3 Exhibit C - Arlington Remand Order, #4 Exhibit D - Boston, #5 Exhibit E - WV Order, #6 Exhibit F - Order Withdrawing Remand Order, #7 Proposed Order)(Boucher, Raymond) |
| Filing 17 NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court filed by Plaintiffs City of Dublin, City of Murrieta, The People of the State of California. Motion set for hearing on 8/31/2020 at 08:30 AM before Judge David O. Carter. (Boucher, Raymond) |
| Filing 16 NOTICE OF MOTION AND MOTION to Stay Case pending Judicial Panel on Multidistrict Litigation's Finalization of Its Conditional Transfer Order Transferring This Case filed by Defendant CVS Pharmacy, Inc.. Motion set for hearing on 8/31/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration of James W. Spertus in Support of Defendant CVS Pharmacy, Inc.'s Motion to Stay, #2 Exhibit 1 - Order, In Re: National Prescription Opiate Litigation, MDL No. 2804, dated July 15, 2020, #3 Exhibit 2 - Order, Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. McKesson Corporation, et al., No. 3:18-cv-00286, dated May 25, 2018, #4 Exhibit 3 - Order, Robinson Rancheria v. McKesson Corporation, et al., No. 18-cv-02525-VC, dated July 16, 2018, #5 Exhibit 4 - Order, Commonwealth of Kentucky v. McKesson Corporation, No. 3:18-cv-00010, dated Apr. 12, 2018, #6 Exhibit 5 - List of over 110 cases removed on federal question grounds and transferred to the Opiate MDL, #7 Exhibit 6 - List of over 80 cases removed on Class Action Fairness Act grounds and stayed or transferred to the Opiate MDL, #8 Exhibit 7 - Order, City of Orlando, Florida v. CVS Health Corporation, et al., No. 6:20-cv-00736-RBD-EJK, dated June 15, 2020, #9 Exhibit 8 - Order, Takoma Regional Hospital, et al. v. Purdue Pharma, L.P., et al., No. 2:19-cv-00157-HSM-CHS, dated Oct. 4, 2019, #10 Exhibit 9 - Orders, City of Henderson, Kentucky, et al. v. Purdue Pharma L.P., et al., No. 3:19-cv-00067-GFVT, and Hardin County Fiscal Court, et al., v. Purdue Pharma L.P., et al., No. 3:19-cv-00068, dated Jan. 27, 2020, #11 Exhibit 10 - Order, Dallas County Hospital District Parkland Memorial Hospital, et al. v. Amneal Pharmaceuticals, Inc., et al., 4:19-cv-04834, dated Jan. 28, 2020, #12 Proposed Order Granting Defendant CVS Pharmacy, Inc.'s Motion to Stay) (Spertus, James) |
| Filing 15 PROOF OF SERVICE filed by Defendant CVS Pharmacy, Inc., re Stipulation for Extension of Time to File Response/Reply, #12 , Notice (Other) #14 , Order #13 served on July 16, 2020. (Spertus, James) |
| Filing 14 NOTICE of Pendency of Other Actions or Proceedings filed by Defendant CVS Pharmacy, Inc.. (Spertus, James) |
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Filing 13
ORDER by Judge David O. Carter, Granting Joint Stipulation for Extension of Time to File Response/Reply, #12 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb)
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| Filing 12 Joint STIPULATION for Extension of Time to File Response as to Complaint - (Discovery), Notice of Removal (Attorney Civil Case Opening),, #1 filed by Defendant CVS Pharmacy, Inc.. (Attachments: #1 Proposed Order Granting Joint Stipulation for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint)(Spertus, James) |
| Filing 11 PROOF OF SERVICE filed by Defendant CVS Pharmacy, Inc., re Initial Order upon Filing of Complaint - form only #10 , Transferring Case purs GO 19-03 (Related Case)(CV-34), #8 via USPS served on July 13, 2020. (Spertus, James) |
| Filing 10 INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER. (kd) |
| Filing 9 PROOF OF SERVICE filed by Defendant CVS Pharmacy, Inc., re Notice (Other) #7 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form #6 , Notice of Assignment to United States Judges(CV-18) - optional html form #5 served on July 9, 2020. (Spertus, James) |
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Filing 8
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 8:19-cv-02154-DOC-ADS. Case transferred from Magistrate Judge Karen E. Scott and Judge James V. Selna 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 8:20-cv-01202-DOC-ADS. Signed by Judge David O. Carter. (rrp)
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| Filing 7 NOTICE of Filing of Notice in State Court filed by Defendant CVS Pharmacy, Inc.. (Attachments: #1 Exhibit A - Superior Court Notice of Filing of Removal)(Spertus, James) |
| Filing 6 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) |
| Filing 5 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Karen E. Scott. (jtil) |
| CONFORMED COPY OF COMPLAINT filed by Plaintiffs City of Murrieta, City of Dublin, and The People of the State of California in Orange County Superior Court on 5/26/2020, attached as Exhibit A. (jtil) |
| Filing 4 PROOF OF SERVICE filed by Defendant CVS Pharmacy, Inc., re Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening),, #1 , Certificate/Notice of Interested Parties #3 served on July 7, 2020. (Spertus, James) |
| Filing 3 NOTICE of Interested Parties filed by DEFENDANT CVS Pharmacy, Inc., identifying Parent CVS Health Corporation and other potentially interested parties. (Spertus, James) |
| Filing 2 CIVIL COVER SHEET filed by Defendant CVS Pharmacy, Inc.. (Spertus, James) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California for the County of Orange, case number 30-2020-01140064-CU-FR-CXC Receipt No: ACACDC-27108521 - Fee: $400, filed by Defendant CVS Pharmacy, Inc.. (Attachments: #1 Declaration of James W. Spertus, #2 Exhibit A - Superior Court Complaint, #3 Exhibit B - Superior Court Civil Case Cover Sheet, #4 Exhibit C - Superior Court Summons, #5 Exhibit D - Superior Court Case Assignment, #6 Exhibit E - Superior Court Order dated June 23, 2020, #7 Exhibit F - Superior Court Clerk's Certificate of Service, #8 Exhibit G - Superior Court Docket as of July 7, 2020) (Attorney James W Spertus added to party CVS Pharmacy, Inc.(pty:dft))(Spertus, James) |
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