Cheshire County v. Purdue Pharma L.P. et al
| Purdue Pharma Inc. and Cheshire County |
| McKesson Corporation, Actavis Pharma, Inc. f/k/a Watson Pharma, Inc., Michael P. Dipre, Purdue Pharma L.P., Mallinckrodt LLC, Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc., Insys Therapeutics, Inc., Teva Pharmaceuticals USA, Inc., Endo Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc. n/k/a Janssen Pharmaceuticals, Inc., Actavis LLC, Cardinal Health, Inc., Christopher Clough, Allergan PLC f/k/a Actavis PLC, Watson Laboratories, Inc., Cephalon, Inc., Walgreens Boots Alliance, Inc., Dr. Ayman A Jacobs, The Purdue Frederick Company, Inc., Endo Health Solutions Inc., Johnson & Johnson, Mark Weinreb, Janssen Pharmaceuticals, Inc., CVS Health Corporation, Amerisourcebergen Corporation, Doe Defendants, Walmart, Inc., Rite-Aid of Maryland, Inc., Actavis, Inc., Allergan PLC, Actavis Pharma, Inc., Janssen Pharmaceutica, Inc., Allergan Finance, LLC f/k/a Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc., Ayman A. Jacobs and Ortho-McNeil-Janssen Pharmaceuticals, Inc. |
| 1:2019cv00328 |
| March 28, 2019 |
| US District Court for the District of New Hampshire |
| Nancy Torresen |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Filing 50 PROCEDURAL NOTICE: Due to recusal of NH judges, case referred to the District of Maine. Original filings shall continue to be filed electronically with the Clerk in New Hampshire in accordance with the district Administrative Procedures for Electronic Case Filing. Pro se litigants, however, are not required to file electronically and may continue to file documents in paper format. No courtesy filings need to be filed in the District of Maine. NOTICE Signed by Erica Jordan, Deputy Clerk (ej) |
| Filing 49 CONCURRING ORDER re: #47 Designated Case Order Out. Judge Nancy Torresen assigned to preside over this case. So Ordered by Chief District Judge Jon D. Levy. (ej) |
| Filing 48 REPLY to Objection to Motion re #34 MOTION to Stay filed by Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.. Surreply due by 6/10/2019. (Glahn, Wilbur) |
| Case reassigned to District Judge Nancy Torresen. The new case designation is: 1:19-cv-328-NT. Please show this number with the correct judge designation on all further pleadings. (ej) |
ENDORSED ORDER granting #34 Motion to Stay. Text of Order: Granted. So Ordered by District Judge Nancy Torresen.(vln)
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ENDORSED ORDER granting Motion for Leave to File Reply Memorandum in Support of Motion to Stay Proceedings in cases 1:19-cv-00328-AJ, 1:19-cv-00329-AJ. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone.(vln)
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Filing 47
REFERRAL ORDER. All of the judges are recused, case referred to District of Maine. Concurring Order sent. Miscellaneous Deadline set for 6/20/2019. So Ordered by Chief Judge Landya B. McCafferty. (ej)
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| Filing 46 SURREPLY to Reply to #29 MOTION to Remand filed by McKesson Corporation. (Attachments: #1 Exhibit 1 - MDL 161_0 2018.03.01 Statement of Interest by USA)(Pandolph, William) |
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Filing 45
ORDER OF RECUSAL. So Ordered by Judge Joseph N. Laplante.(jb)
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Filing 44
ORDER OF RECUSAL. So Ordered by Judge Paul J. Barbadoro. (ej)
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Filing 43
ORDER OF RECUSAL. So Ordered by Judge Steven J. McAuliffe. (ej)
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Filing 42
ORDER OF RECUSAL. So Ordered by Judge Joseph A. DiClerico, Jr. (ej)
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ENDORSED ORDER granting Motion to Extend Time to File Sur-Reply and Exceed Page Limits. Text of Order: Granted. So Ordered by Magistrate Judge Andrea K. Johnstone.(vln)
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| Filing 41 Partially Assented to MOTION to Exceed Page Limitations Under Local Rule 7.1(e)(1) filed by Cheshire County. Follow up on Objection on 5/30/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bonsignore, Robert) |
| Filing 40 Assented to MOTION to Extend Time to File Sur-Reply and Exceed Page Limits filed by McKesson Corporation.(Pandolph, William) |
| Filing 39 MOTION for Leave to File Reply Memorandum in Support of Motion to Stay Proceedings filed by Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.. Follow up on Objection on 5/28/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Exhibit 1 - Proposed Reply Memorandum)(Glahn, Wilbur) |
| Filing 38 REPLY to Objection to Motion re #29 MOTION to Remand filed by Cheshire County. Surreply due by 5/15/2019. (Bonsignore, Robert) |
| Filing 37 MEMORANDUM in Opposition re #34 MOTION to Stay filed by Cheshire County. Follow up on Reply on 5/14/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Bonsignore, Robert) |
| Filing 36 OBJECTION to #29 MOTION to Remand filed by McKesson Corporation. Follow up on Reply on 5/13/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Pandolph, William) |
| Filing 35 OBJECTION to #29 MOTION to Remand filed by Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.. Follow up on Reply on 5/13/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Glahn, Wilbur) |
| Filing 34 MOTION to Stay filed by Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.. Follow up on Objection on 5/15/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: #1 Memorandum of Law in Support of Motion to Stay, #2 Exhibit 1 - Transferred and Removed Cases)(Glahn, Wilbur) |
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ENDORSED ORDER granting Motion to Appear Pro Hac Vice in case. Text of Order: Granted on the condition that BRIEN T. OCONNOR submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(vln)
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| Filing 33 Assented to MOTION for Brien T. O'Connor to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1806149.) filed by Mallinckrodt LLC.(Bland, Zachary) |
| Filing 32 NOTICE of Attorney Appearance by William D. Pandolph on behalf of McKesson Corporation Attorney William D. Pandolph added to party McKesson Corporation(pty:dft).(Pandolph, William) |
| Filing 31 OBJECTION to #29 MOTION to Remand (Opposition to Expedited Treatment) filed by Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.. Follow up on Reply on 5/6/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Glahn, Wilbur) |
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ENDORSED ORDER re #29 Motion to Remand. Text of Order: Defendants shall respond to the merits of plaintiffs motion to remand (Doc. No. 29) on or before May 6, 2019. Plaintiff may reply on or before May 10, 2019. So Ordered by Magistrate Judge Andrea K. Johnstone.(kad)
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| NOTICE of ECF Filing Error - NO ACTION REQUIRED - re: #30 Memorandum in Support of Motion filed by Cheshire County. Document should have been filed as an attachment to the main document (AP 2.5(a)). NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1423.(kad) |
| Filing 30 MEMORANDUM in Support re #29 MOTION to Remand filed by Cheshire County. (Bonsignore, Robert) |
| Filing 29 MOTION to Remand filed by Cheshire County. Follow up on Objection on 5/9/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(Bonsignore, Robert) |
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ENDORSED ORDER granting #28 Assented to MOTION to Extend Time to Answer to 09/01/2019. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Magistrate Judge Andrea K. Johnstone. Answer Follow Up on 9/1/2019. (kad)
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| Filing 28 Assented to MOTION to Extend Time to Answer to 09/01/2019 filed by Michael P. Dipre, Mark Weinreb.(Pignatelli, Adam) |
| Filing 27 Assented to MOTION for Donna Welch to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 0102-1802725.) filed by Allergan Finance, LLC f/k/a Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc., Allergan PLC. (Attachments: #1 Exhibit (Affidavit) Affidavit of Donna Welch)(Callaghan, Peter) |
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ENDORSED ORDER granting Motion for Donna Welch to Appear Pro Hac Vice. Text of Order: Granted on the condition that DONNA WELCH submits an ECF registration form within 10 days. Local counsel shall comply with all obligations required by L.R. 83.2(b) absent order of the court. So Ordered by Magistrate Judge Andrea K. Johnstone.To access the online registration form, click #HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE.(vln)
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ENDORSED ORDER granting #25 Motion to Extend Time to Object/Respond ; granting #26 Motion to Extend Time to Answer. Text of Order: Motions to Extend Time to Answer are granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Magistrate Judge Andrea K. Johnstone.(vln)
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| Filing 26 Assented to MOTION to Extend Time to Answer to [or Otherwise Plead] the later of (1) sixty (60) days after the date of any ruling by the JPML regarding transfer of this case to the MDL; or (2) sixty (60) days after the date of any ruling by this Court on a motion to remand, if any such motion is filed [Filed on behalf of the Distributor Defendants] filed by Amerisourcebergen Corporation.(Kenney, Michele) |
| Filing 25 Assented to MOTION to Extend Time to Object/Respond to 30 days after the later of: (1) this Courts ruling on any motion to remand; or (2) the JPMLs final decision regarding whether to transfer this case to the Opiate MDL filed by CVS Health Corporation.(Rosenblatt, Arnold) |
| Filing 24 Certified Copies of State Court Record. State Court Case No. 213-2018-cv-00168, Cheshire County Superior Court (Attachments: #1 Exhibit State Court Record Part 2 of 4, #2 Exhibit State Court Record Part 3 of 4, #3 Exhibit State Court Record Part 4 of 4)(Delaney, Michael) |
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ENDORSED ORDER granting #15 Motion to Extend Time to Answer. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Magistrate Judge Andrea K. Johnstone.(vln)
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| Filing 23 Disclosure Statement by CVS Health Corporation disclosing no parent company, no publicly traded company, and a merger agreement. (Rosenblatt, Arnold) |
| Filing 22 Disclosure Statement by Mallinckrodt LLC disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Bland, Zachary) |
| Filing 21 NOTICE of Attorney Appearance by Zachary Davis Bland on behalf of Mallinckrodt LLC Attorney Zachary Davis Bland added to party Mallinckrodt LLC(pty:dft).(Bland, Zachary) |
| Filing 20 NOTICE of Attorney Appearance by Brian M. Quirk on behalf of Allergan Finance, LLC f/k/a Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc., Allergan PLC Replaces Doc. No. 19 (Quirk, Brian) |
| Filing 19 NOTICE of Attorney Appearance by Brian M. Quirk on behalf of Allergan Finance, LLC f/k/a Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc., Allergan PLC Attorney Brian M. Quirk added to party Allergan Finance, LLC f/k/a Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc.(pty:dft), Attorney Brian M. Quirk added to party Allergan PLC(pty:dft).(Quirk, Brian) |
| Filing 18 Disclosure Statement by Allergan Finance, LLC f/k/a Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc. disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Callaghan, Peter) |
| Filing 17 Disclosure Statement by Allergan PLC disclosing no parent company, no publicly traded company, and no merger agreement. (Callaghan, Peter) |
| Filing 16 NOTICE of Attorney Appearance by Peter G. Callaghan on behalf of Allergan PLC, Allergan Finance, LLC f/k/a Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc. Attorney Peter G. Callaghan added to party Allergan PLC(pty:dft), Attorney Peter G. Callaghan added to party Allergan Finance, LLC f/k/a Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc.(pty:dft).(Callaghan, Peter) |
| Filing 15 Assented to MOTION to Extend Time to Answer to 60 days after the date of any ruling denying MDL transfer or ruling on a motion to remand, if such motion is filed REPLACES DOCUMENT NO. 10 filed by Purdue Pharma Inc., Purdue Pharma L.P., The Purdue Frederick Company, Inc..(Deane, W.) |
| Filing 14 Disclosure Statement by Walgreens Boots Alliance, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Hilliard, Russell) |
| Filing 13 NOTICE of Attorney Appearance by Russell F. Hilliard on behalf of Walgreens Boots Alliance, Inc. (Hilliard, Russell) |
| Filing 12 Disclosure Statement by Amerisourcebergen Corporation disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Kenney, Michele) |
| Filing 11 Disclosure Statement by Purdue Pharma Inc., Purdue Pharma L.P., The Purdue Frederick Company, Inc. disclosing a parent company, no publicly traded company, and no merger agreement. (Deane, W.) |
| Filing 10 Assented to MOTION to Extend Time to Answer to 60 days after the date of any ruling denying MDL transfer or ruling on a motion to remand, if such motion is filed filed by Purdue Pharma Inc., Purdue Pharma L.P., The Purdue Frederick Company, Inc.. Attorney W. Daniel Deane added to party Purdue Pharma Inc.(pty:dft), Attorney W. Daniel Deane added to party Purdue Pharma L.P.(pty:dft), Attorney W. Daniel Deane added to party The Purdue Frederick Company, Inc.(pty:dft).(Deane, W.) |
| Filing 9 Disclosure Statement by Walmart, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Sutton, Blake) |
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Filing 8
ORDER MDL No. 1 re: conditional transfer to Northern District of Ohio. Order is not effective until filed in the transferee court. MDL No. 2804. Miscellaneous Deadline set for 5/3/2019. (ej)
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| Case reassigned to Magistrate Judge Andrea K. Johnstone. The new case designation is: 1:19-cv-328-AJ. Please show this number with the correct judge designation on all further pleadings. (ej) |
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Filing 7
ORDER OF RECUSAL. So Ordered by Chief Judge Landya B. McCafferty.(js)
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| Filing 6 Disclosure Statement by Cardinal Health, Inc. disclosing no parent company, no publicly traded company, and no merger agreement. (Hawkins, Christopher) |
| Filing 5 NOTICE of Attorney Appearance by Adam B. Pignatelli on behalf of Michael P. Dipre, Mark Weinreb (Pignatelli, Adam) |
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ORDER REGARDING VISITING ATTORNEY: The Local Rules for the District of New Hampshire provide that an attorney may, at the discretion of the court, on motion by a member of our bar, be permitted to practice before this court in a particular action. Any attorney so admitted shall at all times be associated with a member of the bar of this court. Our records indicate that no motions for pro hac vice admission of Brien T. O'Connor, Esq.; Donna Welch, Esq. have been received. Unless said motions with the required fee are filed within thirty (30) days, the case may be referred to a judicial officer for appropriate action. ORDER Signed by Daniel J. Lynch, Clerk of Court. Compliance Deadline set for 5/1/2019. (ej)
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| NOTICE re: #1 Notice of Removal - New Case, filed by Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.. Pursuant to Federal Rules of Civil Procedure and Local Rules, Disclosure Statements must be filed after filing case initiating document. No Disclosure Statement has been filed. File Disclosure Statement using the Other Documents/Disclosure Statement event. Purdue Pharma L.P., Purdue Pharma, Inc., The Purdue Frederick Company, Inc., Teva Pharmaceuticals USA, Inc., Cephalon, Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Janssen Pharmacetica, Inc., Allergan PLC, Actavis, Inc., Watson Laboratories, Inc, Actavis LLC, Actavis Pharma, Inc., Insys Therapeutics, Inc., Mallinckrodt LLC, Cardinal Health, Inc., Amerisourcebergen Corporation, CVS Health Corporation, Rite-Aid of Maryland, Inc., Walgreens Boots Alliance, Inc., Walmart, Inc. shall file a disclosure statement by April 8, 2019. Disclosure Statement due 4/8/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (ej) |
| NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click #HERE. Pursuant to Local Rule 81.1(a) and (b), answers and motions filed in the state court will not be considered unless refiled in this court. Please note that all filings in this District must comply with Local Rule 7. The Local Rules and Administrative Procedures for ECF can be downloaded from our website #HERE.(ej) |
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ORDER REGARDING VISITING ATTORNEY: The Local Rules for the District of New Hampshire provide that an attorney may, at the discretion of the court, on motion by a member of our bar, be permitted to practice before this court in a particular action. Any attorney so admitted shall at all times be associated with a member of the bar of this court. Our records indicate that no motions for pro hac vice admission of Mark Cheffo, Esq.; Charles C. Lifland, Esq.; Kaspar J. Stoffelmayr, Esq. have been received. Unless said motions with the required fee are filed within thirty (30) days, the case may be referred to a judicial officer for appropriate action. ORDER Signed by Daniel J. Lynch, Clerk of Court. Compliance Deadline set for 5/1/2019. (ej)
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| Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:19-cv-328-LM. Please show this number with the judge designation on all future pleadings. (ej) |
| Filing 4 Disclosure Statement by McKesson Corporation disclosing no parent company, no publicly traded company, and no merger agreement. (Joly, Rose) |
| Filing 3 NOTICE of Removal (Supplemental) by McKesson Corporation. Attorney Rose Marie Joly added to party McKesson Corporation(pty:dft). (Attachments: #1 Exhibit 1- Case Summary, #2 Exhibit 2 - State Court Documents)(Joly, Rose) |
| Filing 2 Disclosure Statement by Endo Health Solutions Inc., Endo Pharmaceuticals Inc. disclosing a parent company, one or more publicly traded companies, and no merger agreement. (Delaney, Michael) |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Cheshire Superior Court, case number 213-2018-cv-00168 (filing fee $400, receipt number 0102-1792460) filed by Endo Pharmaceuticals Inc., Endo Health Solutions Inc.. Answer Follow Up on 4/18/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 4/11/2019. (Attachments: #1 Exhibit 1 - Summons, Complaint and All Process, #2 Civil Cover Sheet)(Delaney, Michael) |
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