Avera Gettysburg et al v. Teva Pharmaceutical Industries, Ltd. et al
| Avera Gettysburg doing business as Avera Gettysburg Hospital, Avera Granite Falls doing business as Avera Granite Falls Health Center, Avera Holy Family doing business as Avera Holy Family Health, Avera Marshall doing business as Avera Marshall Regional Medical Center, Avera McKennan doing business as Avera Dells Area Hospital doing business as Avera Flandreau Hospital doing business as Avera Gregory Hospital doing business as Avera Hand County Memorial Hospital doing business as Avera McKennan Hospital & Universit, Avera Queen of Peace doing business as Avera De Smet Memorial Hospital doing business as Avera Queen of Peace Health Services doing business as Avera Westkota Memorial Hospital, Avera St. Anthony's Hospital, Avera St. Luke's, Avera St. Mary's doing business as Avera St. Mary's Hospital, Avera Tyler, Sacred Heart Health Services doing business as Avera Creighton Hospital doing business as Avera Sacred Heart Hospital, St. Benedict Health Center doing business as Avera St. Benedict Health Center, Carris Health, LLC doing business as CentraCare Health - Rice Memorial Hospital, Carris Health - Redwood, LLC doing business as CentraCare - Redwood, CentraCare Health System Long Prairie doing business as CentraCare Health - Long Prairie, CentraCare Health System Melrose doing business as CentraCare Health - Melrose, CentraCare Health System - NR, LLC doing business as CentraCare Health - Monticello, CentraCare Health - Paynesville LLC doing business as CentraCare Health - Paynesville, Saint Cloud Hospital, The doing business as CentraCare - St. Cloud Hospital, Hutchinson Health doing business as Hutchinson Health Hospital, Lakeview Memorial Hospital Association, Inc. doing business as Lakeview Hospital, Park Nicollet Methodist Hospital doing business as Methodist Hospital, Regions Hospital, Hennepin Healthcare System, Inc. doing business as HCMC, Sanford Bismarck doing business as Sanford Bismarck Medical Center, Sanford Health doing business as Sanford Bagley Medical Center doing business as Sanford Bemidji Medical Center, Sanford Health Network doing business as Sanford Aberdeen Medical Center doing business as Sanford Canby Medical Center doing business as Sanford Canton Inwood Medical Center doing business as Sanford Chamberlain Medical Center, Sanford Clear Lake Medical Center doing business as Sanford Jackson Medical Center doing business as Sanford Luverne Medical Center doing business as Sanford Sheldon Medical Center doing business as Sanford Tracy Medical Center doing business as Sanf, Sanford Medical Center doing business as Sanford USD Medical Center - General Acute Care Hospital, Sanford Medical Center Fargo doing business as Sanford Broadway Medical Center doing business as Sanford South University Medical Center and Sanford Health Network North doing business as Sanford Hillsboro Medical Center doing business as Sanford Mayville Medical Center doing business as Sanford Medical Center Thief River Falls doing business as Sanford Wheaton Medical Center |
| Janssen Pharmaceuticals, Inc., Allergan Finance, LLC, Actavis Pharma, Inc., Actavis LLC, Cencora, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Cephalon, Inc., Johnson & Johnson, OrthoMcNeil-Janssen Pharmaceuticals, Inc., Janssen Pharmaceutica, Inc., Allergan PLC, Actavis, Inc., Watson Pharmaceuticals, Inc., Allergan Sales, LLC, Allergan USA, Inc., Watson Laboratories, Inc., Watson Pharma, Inc., Actavis Inc., Abbott Laboratories, Inc., Abbott Laboratories, AbbVie, Inc., AmericsourceBergen Drug Corporation, Xcenda L.L.C., Anda, Inc., Cardinal Health, Inc., Dakota Drug, Inc., Walgreen Co., Walgreen Eastern Co., Inc., CVS Pharmacy, Inc. and CVS Indiana, L.L.C. |
| 0:2023cv03882 |
| December 22, 2023 |
| US District Court for the District of Minnesota |
| Jerry W Blackwell |
| Leo I Brisbois |
| Katherine M Menendez |
| Fraud |
| 28 U.S.C. § 1331 Fed. Question |
| Defendant |
Docket Report
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Filing 28
(Text-Only) ORDER granting #25 Motion for Admission Pro Hac Vice of Attorney Anne R. Bohnet for Cencora, Inc. and Xcenda L.L.C.; granting #26 Motion for Admission Pro Hac Vice of Attorney Joseph Mahady for Cencora, Inc. and Xcenda L.L.C.; granting #27 Motion for Admission Pro Hac Vice of Attorney Robert A Nicholas for Cencora, Inc. and Xcenda L.L.C. Approved by Magistrate Judge Leo I. Brisbois on 2/15/2024. (jam)
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| Filing 27 MOTION for Admission Pro Hac Vice for Attorney Robert A. Nicholas. Filing fee $ 100, receipt number AMNDC-10843829 filed by Cencora, Inc., Xcenda L.L.C.. (Pagel, Kirsten) |
| Filing 26 MOTION for Admission Pro Hac Vice for Attorney Joseph J. Mahady. Filing fee $ 100, receipt number AMNDC-10843823 filed by Cencora, Inc., Xcenda L.L.C.. (Pagel, Kirsten) |
| Filing 25 MOTION for Admission Pro Hac Vice for Attorney Anne Rollins Bohnet. Filing fee $ 100, receipt number AMNDC-10843819 filed by Cencora, Inc., Xcenda L.L.C.. (Pagel, Kirsten) |
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Filing 24
ORDER granting #20 Second Stipulation to Set Briefing Schedule and Word Limits for Motions to Dismiss Plaintiffs' Complaint. See Order for details. Signed by Judge Katherine M. Menendez on 2/12/2024.(KAT)
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Filing 23
(Text-Only) ORDER granting #22 Motion for Admission Pro Hac Vice of Attorney Anthony Ruiz for CVS Indiana, L.L.C.,and CVS Pharmacy, Inc. Approved by Magistrate Judge Leo I. Brisbois on 2/8/2024. (jam)
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| Filing 22 MOTION for Admission Pro Hac Vice for Attorney Anthony M. Ruiz. Filing fee $ 100, receipt number AMNDC-10824620 filed by CVS Indiana, L.L.C., CVS Pharmacy, Inc.. (Winter, Randi) |
| Filing 21 PROPOSED ORDER TO JUDGE re #20 Stipulation,,. (Winter, Randi) |
| Filing 20 STIPULATION to Set Briefing Schedule and Word Limits for Motions to Dismiss Plaintiffs' Complaint by CVS Indiana, L.L.C., CVS Pharmacy, Inc.. Jointly Signed by Avera Gettysburg d/b/a Avera Gettysburg Hospital, et al., AmerisourceBergen Drug Corporation, Xcenda L.L.C., Teva Pharmaceuticals USA, Inc., Cephalon, Inc., Actavis Pharma, Inc.,, Actavis LLC, Watson Laboratories, Inc., Anda, Inc., and Allergan Finance, LLC f/k/a Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc.. (Winter, Randi) |
| Filing 19 Reply to Response to Motion re #11 MOTION to Remand to State Court filed by Avera Gettysburg, Avera Granite Falls, Avera Holy Family, Avera Marshall, Avera McKennan, Avera Queen of Peace, Avera St. Anthony's Hospital, Avera St. Luke's, Avera St. Mary's, Avera Tyler, Carris Health - Redwood, LLC, Carris Health, LLC, CentraCare Health - Paynesville LLC, CentraCare Health System - NR, LLC, CentraCare Health System Long Prairie, CentraCare Health System Melrose, Hennepin Healthcare System, Inc., Hutchinson Health, Lakeview Memorial Hospital Association, Inc., Park Nicollet Methodist Hospital, Regions Hospital, Sacred Heart Health Services, Saint Cloud Hospital, The, Sanford Bismarck, Sanford Clear Lake Medical Center, Sanford Health, Sanford Health Network, Sanford Health Network North, Sanford Medical Center, Sanford Medical Center Fargo, St. Benedict Health Center. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Raiter, Shawn) |
| Filing 18 (Text-Only) NOTICE of Resetting of Hearing: Motion Hearing regarding #11 MOTION to Remand to State Court is rescheduled for 4/1/2024 at 01:00 PM in Courtroom 14W (MPLS) before Judge Katherine M. Menendez. **THIS IS A LOCATION CHANGE ONLY**(KAT) |
| Filing 17 MEMORANDUM in Opposition re #11 MOTION to Remand to State Court filed by Cardinal Health, Inc.. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Dunlop, Sybil) |
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Filing 16
(Text-Only) ORDER Regarding Briefing Schedule re: #11 Motion to Remand to State Court. The Court has reviewed the Plaintiffs' Motion for Remand and has determined that a modified briefing schedule is appropriate in this matter. The Defendants must submit any response in opposition to the Motion to Remand on or before Monday, January 29, 2024. Ordered by Judge Katherine M. Menendez on 1/19/2024.(KAT)
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| Filing 15 PROPOSED ORDER TO JUDGE re #11 MOTION to Remand to State Court filed by Avera Gettysburg, Avera Granite Falls, Avera Holy Family, Avera Marshall, Avera McKennan, Avera Queen of Peace, Avera St. Anthony's Hospital, Avera St. Luke's, Avera St. Mary's, Avera Tyler, Carris Health - Redwood, LLC, Carris Health, LLC, CentraCare Health - Paynesville LLC, CentraCare Health System - NR, LLC, CentraCare Health System Long Prairie, CentraCare Health System Melrose, Hennepin Healthcare System, Inc., Hutchinson Health, Lakeview Memorial Hospital Association, Inc., Park Nicollet Methodist Hospital, Regions Hospital, Sacred Heart Health Services, Saint Cloud Hospital, The, Sanford Bismarck, Sanford Clear Lake Medical Center, Sanford Health, Sanford Health Network, Sanford Health Network North, Sanford Medical Center, Sanford Medical Center Fargo, St. Benedict Health Center.(Raiter, Shawn) |
| Filing 14 MEMORANDUM in Support re #11 MOTION to Remand to State Court filed by Avera Gettysburg, Avera Granite Falls, Avera Holy Family, Avera Marshall, Avera McKennan, Avera Queen of Peace, Avera St. Anthony's Hospital, Avera St. Luke's, Avera St. Mary's, Avera Tyler, Carris Health - Redwood, LLC, Carris Health, LLC, CentraCare Health - Paynesville LLC, CentraCare Health System - NR, LLC, CentraCare Health System Long Prairie, CentraCare Health System Melrose, Hennepin Healthcare System, Inc., Hutchinson Health, Lakeview Memorial Hospital Association, Inc., Park Nicollet Methodist Hospital, Regions Hospital, Sacred Heart Health Services, Saint Cloud Hospital, The, Sanford Bismarck, Sanford Clear Lake Medical Center, Sanford Health, Sanford Health Network, Sanford Health Network North, Sanford Medical Center, Sanford Medical Center Fargo, St. Benedict Health Center. (Attachments: #1 LR7.1/LR72.2 Word Count Compliance Certificate)(Raiter, Shawn) |
| Filing 13 MEET and CONFER STATEMENT re #11 Motion to Remand to State Court,,, filed by Avera Gettysburg, Avera Granite Falls, Avera Holy Family, Avera Marshall, Avera McKennan, Avera Queen of Peace, Avera St. Anthony's Hospital, Avera St. Luke's, Avera St. Mary's, Avera Tyler, Carris Health - Redwood, LLC, Carris Health, LLC, CentraCare Health - Paynesville LLC, CentraCare Health System - NR, LLC, CentraCare Health System Long Prairie, CentraCare Health System Melrose, Hennepin Healthcare System, Inc., Hutchinson Health, Lakeview Memorial Hospital Association, Inc., Park Nicollet Methodist Hospital, Regions Hospital, Sacred Heart Health Services, Saint Cloud Hospital, The, Sanford Bismarck, Sanford Clear Lake Medical Center, Sanford Health, Sanford Health Network, Sanford Health Network North, Sanford Medical Center, Sanford Medical Center Fargo, St. Benedict Health Center.(Raiter, Shawn) |
| Filing 12 NOTICE OF HEARING ON MOTION #11 MOTION to Remand to State Court : Motion Hearing set for 4/1/2024 at 01:00 PM in Courtroom 3A (STP) before Judge Katherine M. Menendez. (Raiter, Shawn) |
| Filing 11 MOTION to Remand to State Court filed by Avera Gettysburg, Avera Granite Falls, Avera Holy Family, Avera Marshall, Avera McKennan, Avera Queen of Peace, Avera St. Anthony's Hospital, Avera St. Luke's, Avera St. Mary's, Avera Tyler, Carris Health - Redwood, LLC, Carris Health, LLC, CentraCare Health - Paynesville LLC, CentraCare Health System - NR, LLC, CentraCare Health System Long Prairie, CentraCare Health System Melrose, Hennepin Healthcare System, Inc., Hutchinson Health, Lakeview Memorial Hospital Association, Inc., Park Nicollet Methodist Hospital, Regions Hospital, Sacred Heart Health Services, Saint Cloud Hospital, The, Sanford Bismarck, Sanford Clear Lake Medical Center, Sanford Health, Sanford Health Network, Sanford Health Network North, Sanford Medical Center, Sanford Medical Center Fargo, St. Benedict Health Center. (Raiter, Shawn) |
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Filing 10
ORDER on #8 Stipulation. See Order for details. Signed by Judge Katherine M. Menendez on 1/2/2024. (BJP)
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| Filing 9 PROPOSED ORDER TO JUDGE re #8 Stipulation,,,. (Farah, Amran) |
| Filing 8 STIPULATION TO SET BRIEFING SCHEDULE AND WORD LIMITS FOR MOTIONS TO DISMISS PLAINTIFFS COMPLAINT by Cardinal Health, Inc.. Jointly Signed by All Plaintiffs, Defendants, AmerisourceBergen Drug Corporation and Xcenda L.L.C., Teva Pharmaceuticals USA, Inc., Cephalon, Inc., Actavis Pharma, Inc., Actavis LLC, Watson Laboratories, Inc. and Anda, Inc., Allergan Finance, LLC f/k/a Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc., Allergan Sales, LLC, and Allergan USA, Inc.,, Cardinal Health, Inc., Walgreen Co. and Walgreen Eastern Co. Inc., CVS Pharmacy, Inc. and CVS Indiana, L.L.C., Dakota Drug, Inc., AbbVie Inc.,, and Johnson & Johnson and Janssen Pharmaceuticals, Inc. (f/k/a Ortho-McNeil-Janssen Pharmaceuticals, Inc. f/k/a Janssen Pharmaceutica Inc.), Abbott Laboratories, Inc. and Abbott Laboratories. (Farah, Amran) |
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Filing 7
ORDER OF RECUSAL. Judge Jerry W. Blackwell recused. Case reassigned to Judge Katherine M. Menendez for all further proceedings. NOTE: the new case number is 23-cv-3882 KMM/LIB. Please use this case number for all subsequent pleadings. Signed by Judge Jerry W. Blackwell on 12/27/2023.(ACH)
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| Filing 6 (Text-Only): Notice re: Non-Admitted AttorneyWe have received documents listing Kaspar J. Stoffelmayr, Jean Tinkham, Michael A. Nance, Charles C. Lifland, Steve Brody, Robert A. Nicholas, Joseph J. Mahady, Anne Rollins Bohnet, Braham Ketcham, Brian N. Ramm, Warren T. McClurg, James J. Walsh, Jr., David B. Alden, Rebecca Fitzpatrick, Maria Pellegrino Rivera, Eric R. Delinsky, Anthony M. Ruiz, Evan K. Jacobs, Brenton Rogers, John W. Barrett, David McMullan, Jr., Richard Barrett, Sterling Aldridge, Charles J. LaDuca, Monica Miller, David Black, Steven A. Martino, Ruth Lichtenfeld, G. Robert Blakey as counsel of record. If he or she wishes to be listed as an attorney of record in this case, he or she must be admitted to the bar of the U.S. District Court of Minnesota in accordance with #Local Rule 83.5 (a), (b) and (c) or temporarily admitted pro hac vice in accordance with #Local Rule 83.5 (d) or (e).For more admissions information and forms, please see the Attorney Forms Section of the courts website at #www.mnd.uscourts.gov/forms/all-forms#. (ACH) |
| Filing 5 (Text-Only) CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Jerry W. Blackwell per Civil (6th - Master) list, referred to Magistrate Judge Leo I. Brisbois. Please use case number 23-cv-3882 JWB/LIB.Notice: All Nongovernmental Corporate Parties must file a #Rule 7.1 Corporate Disclosure Statement. (ACH) |
| Filing 4 EXHIBIT (Attachment to Civil Cover Sheet) re #1 Notice of Removal,,, filed by Cardinal Health, Inc.. (Dunlop, Sybil) |
| Filing 3 CERTIFICATE OF SERVICE by Cardinal Health, Inc. re #1 Notice of Removal,,, #2 Rule 7.1 - Disclosure Statement (Dunlop, Sybil) |
| Filing 2 RULE 7.1 DISCLOSURE STATEMENT. There is no parent corporation, publicly held corporation owning 10 percent or more of its stock, or any subsidiaries to report for Cardinal Health, Inc.. (Dunlop, Sybil) |
| Filing 1 NOTICE OF REMOVAL from Hennepin County District Court, case number 27-cv-23-17610 (filing fee $ 405, receipt number AMNDC-10736366) filed by Cardinal Health, Inc.. No summons requested. (Attachments: #1 Exhibit(s) A (Complaint), #2 Exhibit(s) B (Summons, Certificate of Representation), #3 Exhibit(s) C (Notice of Judicial Assignment), #4 Exhibit(s) D (Affidavits of Service re Complaint), #5 Exhibit(s) E (Notice of Appearance for Defendants Cencora, AmerisourceBergen and Xcenda), #6 Exhibit(s) F (Order to plaintiffs for submissions to correct deficiency in court record), #7 Exhibit(s) G (Stipulation to set briefing schedule and page limits for motions to dismiss plaintiffs' complaint), #8 Exhibit(s) H (Barrett PHV motion and declaration), #9 Notice of Filing of Notice of Removal I (Notice of filing notice of removal), #10 Civil Cover Sheet) (Dunlop, Sybil) |
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