Paintsville Hospital Company, LLC et al v. Amneal Pharmaceuticals, LLC et al
| Saint Joseph Health System, Inc., Hospital of Louisa, Inc., Jackson Hospital Corporation, Paintsville Hospital Company, LLC, Flaget Healthcare, Inc., Jennie Stuart Medical Center, Inc., Hardin Memorial Hospital and T.J. Samson Community Hospital |
| Actavis Pharma, Inc., H.D. Smith, LLC, Actavis Laboratories UT, Inc., Tasmanian Alkaloids Pty. Ltd., Watson Pharma Inc., Amneal Pharmaceuticals, LLC, Actavis Kadian LLC, Abbott Laboratories, Inc., Par Pharmaceutical, Inc., Mallinckrodt PLC, Actavis Totowa LLC, Henry Schein, Inc., Actavis Elizabeth LLC, Mallinckrodt, LLC, Abbott Laboratories, CVS Pharmacy, Inc., Actavis South Atlantic, LLC, Kentucky CVS Pharmacy, L.L.C., Endo Health Solutions, Inc., Teva Pharmaceutical Industries, Ltd., Abbvie, Inc., Impax Laboratories, LLC, Amneal Pharmaceuticals of New York LLC, Anda, Inc., Teva Pharmaceuticals USA, Inc., Warner Chilcott Company, LLC, Endo Pharmaceuticals, Inc., Actavis LLC, Allergan PLC, Actavis Mid Atlantic LLC, Allergan Sales, LLC, Assertio Therapeutics, Inc., Cardinal Health, Inc., Walgreens Boots Alliance, Inc., Watson Laboratories, Inc., Allscripts Healthcare Solutions, Inc., Walgreen Co., Cephalon, Inc., Smith Drug Company, Practice Fusion, Inc., Actavis Laboratories FL, Inc., Johnson & Johnson, Wal-Mart Inc., Walgreen Eastern Co., Inc., H.D. Smith Wholesale Drug Co., Janssen Pharmaceutica, Inc., Amerisourcebergen Drug Corporation, Kroger Limited Partnership I, Janssen Pharmaceuticals, Inc., CVS Health Corporation, KVK-Tech, Inc., Specgx LLC, Rite Aid of Kentucky, Inc., Noramco, Inc., Allergan Finance, LLC, Kroger Limited Partnership II, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Allergan USA, Inc., Wal-Mart Stores East, LP, Amneal Pharmaceuticals, Inc., The Kroger Co. and Par Pharmaceuticals Companies, Inc. |
| 7:2020cv00102 |
| July 23, 2020 |
| US District Court for the Eastern District of Kentucky |
| Gregory F VanTatenhove |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Petition for Removal- Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 28, 2020. A more recent docket listing may be available from PACER.
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Clerk's Note re #32 : Case transferred from Kentucky Eastern has been opened in Northern District of Ohio as case 1:20-op-45293, filed 12/28/2020. (RCB)
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Clerk's Note: JPMDL information extracted re #32 Case Transferred to MDL and electronically transmitted to AO. (SKV)
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Filing 32
CERTIFIED ORDER received from Northern District of Ohio re: Case Transfer to the MDL Panel pursuant to Transfer Order filed in MDL Case Number 2804. (RCB)cc: COR & NDOH
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CLERK'S NOTE re #32 : Case electronically transferred to Northern District of Ohio using CM/ECF. (TDA)
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Filing 31
INFORMATION COPY OF MDL CONDITIONAL TRANSFER ORDER: MDL No. 2804 (RCB)
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Filing 30
MEMORANDUM OPINION & ORDER: 1. Dft Wal-Mart Inc.'s Motion to Stay #10 is GRANTED; 2. All proceedings in this case, including filing of responsive pleadings or motions, are STAYED pending final decision of JPML of whether to transfer cases to NDOH for consolidation with other related cases; and 3. Dfts shall provide a written status report within 30 days of entrance of this Order regarding status of decision of JPML as to whether to transfer case to NDOH. Signed by Judge Gregory F. Van Tatenhove on 12/1/2020. (RCB)cc: COR
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***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #29 Notice of Suggestion of Pendency of Bankruptcy and Automatic Stay of Proceedings (RCB)
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Filing 29
NOTICE by Mallinckrodt, LLC, Specgx LLC Notice of Suggestion of Pendency of Bankruptcy and Automatic Stay of Proceedings (Zeigler, Jessalyn)
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Filing 28
FRCP 7.1 DISCLOSURE STATEMENT by Mallinckrodt, LLC, Specgx LLC identifying Corporate Parent Mallinckrodt PLC for Mallinckrodt, LLC, Specgx LLC.. (Zeigler, Jessalyn)
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Filing 27
ORDER: 1. Dft's Motions for Admission Pro Hac Vice #23 ; R. #24 ; R. #25 ; R. #26 are GRANTED; 2. Jackson R. Sharman is admitted pro hac vice as counsel for Dfts Allscripts Healthcare Solutions, Inc. and Practice Fusion, Inc.; and 3. Lana A. Olson is admitted pro hac vice as counsel for Dfts Allscripts Healthcare Solutions, Inc. and Practice Fusion, Inc.; and 4. Lee M. Hollis is admitted pro hac vice as counsel for Dfts Allscripts Healthcare Solutions, Inc. and Practice Fusion, Inc.; and 5. Jackson E. Knouse is admitted pro hac vice as counsel for Dfts Allscripts Healthcare Solutions, Inc. and Practice Fusion, Inc. Signed by Judge Gregory F. Van Tatenhove on 9/25/2020. (RCB)cc: COR, Sharman, Olson, Hollis, Knouse w/Registration form via U.S. mail
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BAR STATUS Check completed as to Lana A. Olson re #24 MOTION for Lana A. Olson to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. (Filing fee $125; receipt number 0643-4780038). (RCB)
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BAR STATUS Check completed as to Jackson R. Sharman, III re #23 MOTION for Jackson R. Sharman to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. (Filing fee $125; receipt number 0643-4779989). (RCB)
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BAR STATUS Check completed as to Lee M. Hollis re #25 MOTION for Lee M. Hollis to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. (Filing fee $125; receipt number 0643-4780058). (RCB)
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BAR STATUS Check completed as to Jackson E. Knouse re #26 MOTION for Jackson E. Knouse to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. (Filing fee $125; receipt number 0643-4780061). (RCB)
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***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #23 MOTION for Jackson R. Sharman to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc., #24 MOTION for Lana A. Olson to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc., #25 MOTION for Lee M. Hollis to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc., #26 MOTION for Jackson E. Knouse to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc., (RCB)
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Filing 26
MOTION for Jackson E. Knouse to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. ( Filing fee $125; receipt number 0643-4780061) (Attachments: #1 Affidavit Jackson Affidavit, #2 Attachment Certificate of Good Standing, #3 Proposed Order Proposed Order)(Stansbury, Casey)
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Filing 25
MOTION for Lee M. Hollis to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. ( Filing fee $125; receipt number 0643-4780058) (Attachments: #1 Affidavit Hollis Affidavit, #2 Attachment Certificate of Good Standing, #3 Proposed Order Proposed Order)(Stansbury, Casey)
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Filing 24
MOTION for Lana A. Olson to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. ( Filing fee $125; receipt number 0643-4780038) (Attachments: #1 Affidavit Olson Affidavit, #2 Attachment Certificate of Good Standing, #3 Proposed Order Proposed Order)(Stansbury, Casey)
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Filing 23
MOTION for Jackson R. Sharman to Appear Pro Hac Vice by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. ( Filing fee $125; receipt number 0643-4779989) (Attachments: #1 Affidavit Sharman Affidavit, #2 Attachment Certificate of Good Standing, #3 Proposed Order Proposed Order)(Stansbury, Casey)
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Filing 22
ORDER: 1. The parties' Unopposed Motion for Extension of Time #21 is GRANTED; 2. Dfts Allscripts Health Care Solutions, Inc.'s and Practice Fusion, Inc.'s deadline to answer or otherwise respond to Plfs' Complaint is EXTENDED 45 days from the later of (1) a decision by Judicial Panel on Multidistrict Litigation regarding transfer to MDL No 2804, or (2) entry of an order from this Court ruling on Plf's Motion to Remand. Signed by Judge Gregory F. Van Tatenhove on 9/9/2020. (RCB)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #21 UNOPPOSED MOTION for Extension of Time by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. (RCB) |
| Filing 21 UNOPPOSED MOTION for Extension of Time by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. (Attachments: #1 Proposed Order)(Stansbury, Casey) Modified text on 9/9/2020 (RCB). |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #10 MOTION to Stay by Wal-Mart Inc., Wal-Mart Stores East, LP Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation (RCB) |
| Filing 20 REPLY to Response to Motion re #10 MOTION to Stay by Wal-Mart Inc., Wal-Mart Stores East, LP Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation filed by Wal-Mart Inc., Wal-Mart Stores East, LP. (Attachments: #1 Exhibit K - Marion Hospital)(Sparks, Andrew) |
| NOTICE OF DEFICIENCY TO Caitlin McQueen re #19 Notice of Appearance; Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is filed must be typed in the space where the signature would otherwise appear. No further action required by counsel. cc: COR (RCB) |
| Filing 19 NOTICE of Appearance by Casey C. Stansbury, Caitlin L. McQueen on behalf of Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. (McQueen, Caitlin) Modified text on 9/2/2020 (RCB). |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #8 MOTION to Remand by Flaget Healthcare, Inc., Hardin Memorial Hospital, Hospital of Louisa, Inc., Jackson Hospital Corporation, Jennie Stuart Medical Center, Inc., Paintsville Hospital Company, LLC, Saint Joseph Health System, Inc., T.J. Samson Commun (RCB) |
| NOTICE OF DOCKET MODIFICATION TO Joseph Kramer re #18 REPLY; Error: a link was created to the Response instead of the Motion; Entry by attorney; Clerk modified the entry to create a link to the Motion, thereby placing the reply on the Judge's motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR (RCB) |
| Filing 18 REPLY to #8 EMERGENCY MOTION to Remand filed by Flaget Healthcare, Inc., Hardin Memorial Hospital, Hospital of Louisa, Inc., Jackson Hospital Corporation, Jennie Stuart Medical Center, Inc., Paintsville Hospital Company, LLC, Saint Joseph Health System, Inc., T.J. Samson Community Hospital. (Kramer, Joseph) Modified link on 8/28/2020 (RCB). |
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Filing 17
ORDER: 1. The partie' Proposed Agreed Order for Extension of Time #16 is GRANTED; 2. Dft Amerisourcebergen Drug Corporation's deadline to answer or otherwise respond to Plaintiffs' Complaint is EXTENDED 45 days from the later of (1) a decision by Judicial Panel on Multidistrict Litigation regarding transfer to MDL No 2804, In re: National Prescription Opiate Litigation, or (2) entry of an order from this Court ruling on Plaintiff's Motion to Remand. Signed by Judge Gregory F. Van Tatenhove on 8/26/2020. (RCB)cc: COR
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| Filing 16 Proposed Agreed Order for Extension of Time by Amerisourcebergen Drug Corporation. (Brannon, Margaret) |
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Filing 15
ORDER: 1. Dft H.D. Smith's Motion to Join Motion #7 is GRANTED; 2. Dfts Amneal Pharmaceuticals LLC and Amneal Pharaceuticals of New York, LLC's Motion to Join #11 is GRANTED; 3. Wal-Mart's Motion for Extension of Time #5 is GRANTED; and 4. The deadline for properly served dfts to answer or otherwise respond to Plf's complaint is EXTENDED to 45 days from the later of (1) a decision by Judicial Panel on Multidistrict Litigation regarding transfer of this case to the Opiate MDL, or (2) entry of an order from this Court ruling on Plf's Motion to Remand. Signed by Judge Gregory F. Van Tatenhove on 8/25/2020. (RCB)cc: COR
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| Filing 14 NOTICE by Wal-Mart Inc., Wal-Mart Stores East, LP re #5 MOTION for Extension of Time to File Answer by Wal-Mart Inc., Wal-Mart Stores East, LP (Sparks, Andrew) |
| ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #14 Notice re #5 Motion for Extension of Time to File Answer (RCB) |
| Filing 13 RESPONSE in Opposition re #8 MOTION to Remand by Flaget Healthcare, Inc., Hardin Memorial Hospital, Hospital of Louisa, Inc., Jackson Hospital Corporation, Jennie Stuart Medical Center, Inc., Paintsville Hospital Company, LLC, Saint Joseph Health System, Inc., T.J. Samson Commun filed by Wal-Mart Inc., Wal-Mart Stores East, LP. (Attachments: #1 Exhibit I - City of Orlando, #2 Exhibit J - City of Fairfax)(Sparks, Andrew) |
| Filing 12 RESPONSE in Opposition re #10 MOTION to Stay by Wal-Mart Inc., Wal-Mart Stores East, LP Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation filed by Flaget Healthcare, Inc., Hardin Memorial Hospital, Hospital of Louisa, Inc., Jackson Hospital Corporation, Jennie Stuart Medical Center, Inc., Paintsville Hospital Company, LLC, Saint Joseph Health System, Inc., T.J. Samson Community Hospital. (Attachments: #1 Exhibit 1 - MDL Order regarding remands, #2 Exhibit 2 - MDL Order on Remand, #3 Exhibit 3- Remand Order County of Dallas, #4 Exhibit 4 - Order Denying Motion to Stay - Weber County UT, #5 Exhibit 5 - Order Denying Motion to Stay - Unitah County UT, #6 Exhibit 6 - Remand Order County of Greenville, #7 Exhibit 7 - Remand Order County of Spartanburg, #8 Exhibit 8 - Order Denying Motion to Stay - Brooke Co. Comm., #9 Exhibit 9 - Order Denying Motion to Stay - City of Worcester, #10 Exhibit 10 - Remand Order - County of Van Zandt, #11 Exhibit 11 - Remand Order - County of Lexington, #12 Exhibit 12 - Transcript of 12.13.17 Teleconference re Remands)(Kramer, Joseph) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #11 MOTION for Joinder #5 MOTION for Extension of Time to File Answer by Wal-Mart Inc., Wal-Mart Stores East, LP by Amneal Pharmaceuticals of New York LLC, Amneal Pharmaceuticals, LLC (RCB) |
| Filing 11 MOTION for Joinder #5 MOTION for Extension of Time to File Answer by Wal-Mart Inc., Wal-Mart Stores East, LP by Amneal Pharmaceuticals of New York LLC, Amneal Pharmaceuticals, LLC (Attachments: #1 Proposed Order)(McIntosh, Thomas) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #10 MOTION to Stay by Wal-Mart Inc., Wal-Mart Stores East, LP Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation (RCB) |
| Filing 10 MOTION to Stay by Wal-Mart Inc., Wal-Mart Stores East, LP Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation (Attachments: #1 Exhibit A - Federal Questions, #2 Exhibit B - Transfer Order, #3 Exhibit C - Order, #4 Exhibit D - Memorandum & Order, #5 Exhibit E - Noble City Order, #6 Exhibit F - Jim Hogg Order, #7 Exhibit G - Takoma Order, #8 Exhibit H - Seminole County Order, #9 Proposed Order)(Sparks, Andrew) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #5 MOTION for Extension of Time to File Answer by Wal-Mart Inc., Wal-Mart Stores East, LP; #7 MOTION for Joinder by H.D. Smith, LLC (RCB) |
| Filing 9 FRCP 7.1 DISCLOSURE STATEMENT by Cardinal Health, Inc.. (Loy, Steven) |
| Filing 8 EMERGENCY MOTION to Remand by Flaget Healthcare, Inc., Hardin Memorial Hospital, Hospital of Louisa, Inc., Jackson Hospital Corporation, Jennie Stuart Medical Center, Inc., Paintsville Hospital Company, LLC, Saint Joseph Health System, Inc., T.J. Samson Community Hospital (Attachments: #1 Memorandum in Support, #2 Proposed Order)(Kramer, Joseph) Modified text on 7/30/2020 (RCB). |
| ***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: #8 EMERGENCY MOTION to Remand by Flaget Healthcare, Inc., Hardin Memorial Hospital, Hospital of Louisa, Inc., Jackson Hospital Corporation, Jennie Stuart Medical Center, Inc., Paintsville Hospital Company, LLC, Saint Joseph Health System, Inc., T.J. Samson Community Hospital (RCB) |
| Filing 7 MOTION for Joinder #5 MOTION for Extension of Time to File Answer by Wal-Mart Inc., Wal-Mart Stores East, LP by H.D. Smith, LLC (Attachments: #1 Proposed Order)(Simpson, W.) Modified text on 7/30/2020 (RCB). |
| Filing 6 FRCP 7.1 DISCLOSURE STATEMENT by Rite Aid of Kentucky, Inc. identifying Corporate Parent Rite Aid Corporation for Rite Aid of Kentucky, Inc... (Gray, Elisabeth) |
| Filing 5 MOTION for Extension of Time to File Answer by Wal-Mart Inc., Wal-Mart Stores East, LP (Attachments: #1 Proposed Order)(Sparks, Andrew) |
| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by H.D. Smith, LLC identifying Corporate Parent AmerisourceBergen Corporation for H.D. Smith, LLC.. (Simpson, W.) |
| Clerk's Note re #1 Notice of Removal: MDL Panel & S. Vrolijk notified by e-mail with a copy of notice of removal, complaint & docket sheet. (RCB) |
| Conflict Check run. (RCB) |
| Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Wal-Mart Inc., Wal-Mart Stores East, LP. (RCB) |
| Filing 1 NOTICE OF REMOVAL from Johnson Circuit Court, case number 20-CI-00151, filed by Wal-Mart Inc., Wal-Mart Stores East, LP. (Filing fee $400; receipt number 0643-4730656) (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B - State Court Docket Sheet, #3 Exhibit C - State Court Pleading, #4 Exhibit D - Stay Order, #5 Exhibit E - Transfer Order, #6 Civil Cover Sheet)(RCB) |
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