Town of Randolph v. CVS Health Corporation et al
| Town of Randolph |
| McKesson Corporation, Wal-Mart Stores East, L.P., Endo Health Solutions, Inc., Purdue Pharma L.P., Mallinckrodt LLC, Beverly Sackler, Mallinckrodt plc, Walgreen Eastern Co., Inc., Insys Therapeutics, Inc., Kathie Sackler, Allergan plc, Wal-Mart Stores East, Inc., Teva Pharmaceuticals USA, Inc., Theresa Sackler, Endo Pharmaceuticals, Inc., Actavis LLC, Rite Aid Corporation, Cardinal Health, Inc., Walgreens Specialty Pharmacy, LLC, Walgreens of Massachusetts, LLC, The Purdue Frederick Company, Inc., Watson Laboratories, Inc., Cephalon, Inc., Jonathan Sackler, Richard Sackler, Walgreens Boots Alliance, Inc., Collegium Pharmaceutical, Inc., Walgreens Mail Service, LLC, Actavis Pharma, Inc., Johnson & Johnson, Allergan Finance, LLC, Ilene Sackler Lefcourt, Janssen Pharmaceuticals, Inc., CVS Health Corporation, Rite Aid of Massachusetts, Inc., Ortho-Mcneil-Janessan Pharmaceuticals, Inc., John Kapoor, Amerisource Bergen Drug Corporation, David Sackler, Purdue Pharma Inc., Mortimer Da. Sackler and CVS Pharmacy, Inc. |
| 1:2019cv10813 |
| April 22, 2019 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Allison D Burroughs |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Filing 35 Case file sent to Norfolk County Superior Court. (McDonagh, Christina) |
| Filing 34 Judge Allison D. Burroughs: ORDER entered. ORDER OF REMAND to Norfolk County Superior Court.(McDonagh, Christina) |
| Filing 33 Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. Removal of this action was improper because the Court lacks subject-matter jurisdiction over the claims presented. Plaintiffs motion to remand [ECF No. #14 ] is, therefore, GRANTED. CVSs motion to stay [ECF No. #17 ] is DENIED as moot. This action is remanded to the Massachusetts Superior Court for Norfolk County.SO ORDERED.(McDonagh, Christina) |
| Filing 32 Assented to MOTION for Extension of Time to File Answer or Otherwise Respond by Actavis LLC, Actavis Pharma, Inc., Allergan Finance, LLC, Allergan plc, Cephalon, Inc., Collegium Pharmaceutical, Inc., Endo Health Solutions, Inc., Endo Pharmaceuticals, Inc., Insys Therapeutics, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, John Kapoor, Mallinckrodt LLC, Mallinckrodt plc, Ortho-Mcneil-Janessan Pharmaceuticals, Inc., Purdue Pharma Inc., Purdue Pharma L.P., Teva Pharmaceuticals USA, Inc., The Purdue Frederick Company, Inc., Watson Laboratories, Inc..(O'Connor, Brien) |
| Filing 31 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #30 Motion for Extension of Time (Folan, Karen) |
| Filing 30 MOTION for Extension of Time to 5/17/2019 to To File Opposition to Plaintiff's Motion to Remand by CVS Pharmacy, Inc..(Watts, Clint) |
| Filing 29 Letter/request (non-motion) from Judith S. Scolnick advising the Court of an upcoming hearing in a related case. (Scolnick, Judith) |
| Filing 28 Opposition re #14 Emergency MOTION to Remand to State Court and Memorandum of Law in Support of Motion filed by CVS Pharmacy, Inc.. (Attachments: #1 Exhibit A-JPML Text Notice, #2 Exhibit B-Lungstrom Stay Order, #3 Exhibit C-(Urbanski) Franklin Order, #4 Exhibit D-Diversity Removals, #5 Exhibit E-Federal Question Removals, #6 Exhibit F-CAFA Removals, #7 Exhibit G-(Brinkema) Fauquier Order, #8 Exhibit H-Lexington Order)(Dwyer, Paul) |
| Filing 27 MEMORANDUM in Opposition re #17 MOTION to Stay filed by Town of Randolph. (Attachments: #1 Scolnick Declaration, #2 Exhibit 1 - Dist. Defs.' Response to Motion to Transfer, #3 Exhibit 2 - Order on Dist. Defs.' Request for Conf., #4 Exhibit 3 - Dist. Defs.' Request for Conf., #5 Exhibit 4 - Remand Motion, #6 Exhibit 5 - Arlington Decision, #7 Exhibit 6 - Worcester Decision, #8 Exhibit 7 - Boston Decision, #9 Exhibit 8 - Lynnfield Order on Remand, #10 Exhibit 9 - Lynnfield Motion to Remand, #11 Exhibit 10 - Teleconference Transcript, #12 Exhibit 11 - MDL Order re Remands, #13 Exhibit 12 - San Joaquin Ntc of Removal, #14 Exhibit 13 - Jackson Motion to Stay, #15 Exhibit 14 - Transfer Orders, #16 Exhibit 15 - N.H. Decision, #17 Exhibit 16 - Cambridge Remand Motion, #18 Exhibit 17 - Dallas Order, #19 Exhibit 18 - Delta Order, #20 Exhibit 19 - Travis Order, #21 Exhibit 20 - Spartanburg Order, #22 Exhibit 21 - Greenville Order, #23 Exhibit 22 - County of Van Zandt Order, #24 Exhibit 23 - Noble County Order, #25 Exhibit 24 - Washington County Order, #26 Exhibit 25 - Meigs County Order, #27 Exhibit 26 - Carbon County Order, #28 Exhibit 27 - Delaware County Order, #29 Exhibit 28 - Fitchburg Docket Sheet, #30 Exhibit 29 - Protocol for Coordination)(Scolnick, Judith) |
| Filing 26 STATE COURT Record. (Attachments: #1 2 of 6, #2 3 of 6, #3 4 of 6, #4 5 of 6, #5 6 of 6)(Dwyer, Paul) |
| Filing 25 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #21 Motion for Extension of Time to Answer (Folan, Karen) |
| Filing 24 NOTICE of Appearance by Erin R. Macgowan on behalf of Mallinckrodt LLC, Mallinckrodt plc (Macgowan, Erin) |
| Filing 23 NOTICE of Appearance by Andrew O'Connor on behalf of Mallinckrodt LLC, Mallinckrodt plc (O'Connor, Andrew) |
| Filing 22 CORPORATE DISCLOSURE STATEMENT by Mallinckrodt LLC, Mallinckrodt plc identifying Corporate Parent Mallinckrodt plc for Mallinckrodt LLC.. (O'Connor, Brien) |
| Filing 21 Assented to MOTION for Extension of Time to File Answer or Otherwise Respond by Allergan Finance, LLC, Allergan plc, Cephalon, Inc., Collegium Pharmaceutical, Inc., Endo Health Solutions, Inc., Endo Pharmaceuticals, Inc., Insys Therapeutics, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, John Kapoor, Mallinckrodt LLC, Mallinckrodt plc, Purdue Pharma Inc., Purdue Pharma L.P., Teva Pharmaceuticals USA, Inc., The Purdue Frederick Company, Inc..(O'Connor, Brien) |
| Filing 20 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #16 Motion for Extension of Time to 6/1/19 to answer or otherwise respond to the complaint. (Folan, Karen) |
| Filing 19 CERTIFICATE OF CONSULTATION pursuant to LR 7.1 by Clint D. Watts on behalf of CVS Health Corporation, CVS Pharmacy, Inc.. (Watts, Clint) |
| Filing 18 MEMORANDUM in Support re #17 MOTION to Stay filed by CVS Health Corporation, CVS Pharmacy, Inc.. (Attachments: #1 Exhibit 1)(Dwyer, Paul) |
| Filing 17 MOTION to Stay by CVS Health Corporation, CVS Pharmacy, Inc..(Dwyer, Paul) |
| Filing 16 Assented to MOTION for Extension of Time to June 1, 2019 to Answer Complaint , Move or Otherwise Respond by McKesson Corporation.(Mirick, John) |
| Filing 15 NOTICE of Appearance by John O. Mirick on behalf of McKesson Corporation (Mirick, John) |
| Filing 14 Emergency MOTION to Remand to State Court and Memorandum of Law in Support of Motion by Town of Randolph. (Attachments: #1 Scolnick Declaration, #2 Exhibit A - CTO-91, #3 Exhibit B - Joint Stipulation, #4 Exhibit C - Distributors Response, #5 Exhibit D - Order for Rule 16 Conference, #6 Exhibit E - Worcester Decision, #7 Exhibit F - Boston Decision, #8 Exhibit G - Worcester Amicus Brief, #9 Exhibit H - Boston Amicus Brief, #10 Exhibit I - Lynnfield Order on Remand, #11 Exhibit J - Lynnfield Motion to Rermand, #12 Exhibit K - New Hampshire Decision, #13 Exhibit L - Noble County Order, #14 Exhibit M - Washington County Order, #15 Exhibit N - Meigs County Order, #16 Exhibit O - Jefferson County Order, #17 Exhibit P - Carbon County Order, #18 Exhibit Q - Delaware County Order, #19 Exhibit R - State of Illinois docket sheet, #20 Exhibit S - Transfer Orders, #21 Exhibit T - Notice of Hearing, #22 Exhibit U - February 2018 Order, #23 Exhibit V - Transcript, #24 Exhibit W - Protocol_State and Federal Coordination, #25 Exhibit X - Opinion and Consolidated ARCOS Order)(Scolnick, Judith) |
| Filing 13 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #9 Motion for Extension of Time to June 1, 2019 or the response date set by the court during the May 31, 2019 Rule 16 conference of the Business Litigation Session of the Superior Court of Massachusetts in City of Worcester v. Purdue Pharma LP, whichever is later to answer, move, or otherwise respond to the complaint (Folan, Karen) |
| Filing 12 NOTICE of Appearance by Kurt M. Mullen on behalf of John Kapoor (Mullen, Kurt) |
| Filing 11 NOTICE of Appearance by Mark T. Knights on behalf of John Kapoor (Knights, Mark) |
| Filing 10 NOTICE of Appearance by Brian T. Kelly on behalf of John Kapoor (Kelly, Brian) |
| Filing 9 Assented to MOTION for Extension of Time to June 1, 2019 or the response date set by the court during the May 31, 2019 Rule 16 conference of the Business Litigation Session of the Superior Court of Massachusetts in City of Worcester v. Purdue Pharma LP, whichever is later to answer, move, or otherwise respond to the complaint by CVS Health Corporation, CVS Pharmacy, Inc., Rite Aid Corporation, Rite Aid of Massachusetts, Inc., Wal-Mart Stores East, Inc., Wal-Mart Stores East, L.P., Walgreen Eastern Co., Inc., Walgreens Boots Alliance, Inc., Walgreens Mail Service, LLC, Walgreens Specialty Pharmacy, LLC, Walgreens of Massachusetts, LLC.(Snydacker, Caitlin) |
| Filing 8 Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting #7 Motion for Leave to Appear Pro Hac Vice Added Conor B. O'Croinin. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McDonagh, Christina) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice for admission of Conor B. O'Croinin, Esquire Filing fee: $ 100, receipt number 0101-7654925 by CVS Health Corporation, CVS Pharmacy, Inc.. (Attachments: #1 Exhibit Affidavit of Conor O'Croinin, Esq. in Support of Pro Hac Motion, #2 Proposed Order)(Dwyer, Paul) |
| Filing 6 CORPORATE DISCLOSURE STATEMENT by CVS Health Corporation, CVS Pharmacy, Inc.. (Dwyer, Paul) |
| Filing 5 NOTICE of Appearance by Clint D. Watts on behalf of CVS Health Corporation, CVS Pharmacy, Inc. (Watts, Clint) |
| Filing 4 NOTICE of Appearance by Paul E. Dwyer, Jr on behalf of CVS Health Corporation, CVS Pharmacy, Inc. (Dwyer, Paul) |
| Filing 3 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Caruso, Stephanie) |
| Filing 2 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) |
| Filing 1 NOTICE OF REMOVAL by CVS Health Corporation, CVS Pharmacy, Inc. ( Filing fee: $ 400, receipt number 0101-7648425 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet, #4 Local Category Form)(Dwyer, Paul) |
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