Town of Poughkeepsie v. Teva Pharmaceuticals USA, Inc. et. al.
| Town of Poughkeepsie |
| McKesson Corporation, Anda, Inc., Sandoz, Inc., Mallinckrodt LLC, Mallinckrodt PLC, Allergan PLC, Teva Pharmaceuticals USA, Inc., Endo Pharmaceuticals, Inc., Actavis LLC, Kinray, LLC, AmerisouceBergen Drug Corporation, Allergan Finance LLC, Actavis Pharma, Inc., Watson Laboratories, Inc., Walgreen Co., Cephalon, Inc., Endo Helath Solutions Inc., Par Pharmaceutical Companies, Inc., John N. Kapoor, Walgreens Boots Alliance, Inc., Cardinal Health Inc., CVS Health Corporation, Rite Aid of Maryland, Inc. dba Rite Aid Mid-Atlantic Customer Support Center, Inc., Rochester Drug Cooperative, Inc., Walgreen Eastern Co., Johnson & Johnson, Walmart Inc., Par Pharmaceutical, Inc., Janssen Pharmaceuticals, Inc., Mylan Pharmaceuticals, Inc., West-Ward Pharmaceuticals Corp. nka Hikma Pharmaceuticals, Inc., SpecGx LLC, Noramco, Inc., Walmart Stores East, LP, Rite Aid Corp., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Janssen Pharmaceutica, Inc., Amneal Pharmaceuticals, Inc., Actavis PLC, Watson Pharmaceuticals, Inc., Watson Pharma, Inc., Actavis Pharma, Inc. f/k/a Watson Pharma, Inc., Actavis, Inc. (f, Endo Health Solutions Inc., West-Ward Pharmaceuticals Corp., Wal-Mart Stores East, LP and Rite Aid of Maryland, Inc. doing business as Rite Aid Mid-Atlantic Customer Support Center, Inc. |
| 2:2020cv02431 |
| June 1, 2020 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Anne Y Shields |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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| Filing 22 AFFIDAVIT/DECLARATION in Support re #13 MOTION to Stay Pending Transfer to National Opioid MDL Reply Declaration of Robert Kirshenberg, REPLY in Support filed by Sandoz, Inc.. (Attachments: #1 Exhibit A - City Orlando Order, #2 Exhibit B - The Board of County Commissioners Order) (Kirshenberg, Robert) |
| Filing 21 MEMORANDUM in Support re #13 MOTION to Stay Pending Transfer to National Opioid MDL Reply Memorandum of Law in Further Support of Motion To Stay Proceedings Pending Transfer To National Opioid MDL filed by Sandoz, Inc.. (Kirshenberg, Robert) |
| Filing 20 RESPONSE to Motion re #11 MOTION to Remand to State Court , #13 MOTION to Stay Pending Transfer to National Opioid MDL and Opposition to Defendant's Motion to Stay filed by All Plaintiffs. (Attachments: #1 Declaration, #2 Exhibit) (Badala, Salvatore) |
| Filing 19 NOTICE of Appearance by Salvatore C. Badala on behalf of Town of Poughkeepsie (aty to be noticed) (Badala, Salvatore) |
| Filing 18 MEMORANDUM in Opposition re #17 Memorandum in Opposition, #11 MOTION to Remand to State Court Replacing Incorrect PDF file filed by Sandoz, Inc.. (Kirshenberg, Robert) |
| Filing 17 MEMORANDUM in Opposition re #11 MOTION to Remand to State Court filed by Sandoz, Inc.. (Kirshenberg, Robert) |
| Filing 16 AFFIDAVIT/DECLARATION in Opposition re #11 MOTION to Remand to State Court filed by Sandoz, Inc.. (Attachments: #1 Exhibit A - Excerpt City of Buffalo Complaint, #2 Exhibit B - Excerpt ToP Complaint, #3 Exhibit C - MDL Statement of Interest) (Kirshenberg, Robert) |
| Filing 15 MEMORANDUM in Support re #13 MOTION to Stay Pending Transfer to National Opioid MDL filed by Sandoz, Inc.. (Kirshenberg, Robert) |
| Filing 14 AFFIDAVIT/DECLARATION in Support re #13 MOTION to Stay Pending Transfer to National Opioid MDL filed by Sandoz, Inc.. (Attachments: #1 Exhibit A - Excerpt City of Buffalo Complaint, #2 Exhibit B - Excerpt ToP Complaint, #3 Exhibit C - MDL Statement of Interest) (Kirshenberg, Robert) |
| Filing 13 MOTION to Stay Pending Transfer to National Opioid MDL by Actavis LLC, Actavis Pharma, Inc. f/k/a Watson Pharma, Inc., Cephalon, Inc., Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Sandoz, Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (Kirshenberg, Robert) |
SCHEDULING ORDER: The parties shall adhere to the briefing schedule set out in the Court's June 24, 2020 order concerning the motion to remand. The Court waives the pre-motion conference requirement for Defendants' proposed motion seeking a stay. Defendants shall file their motion to stay concurrently with Defendants' opposition to Plaintiff's motion to remand. Plaintiff shall file a response to the motion to stay within one week of the filing of Defendants' motion and Defendants shall file a reply, if any, one week after Plaintiff files its response to the motion to stay. Ordered by Judge Joan M. Azrack on 7/8/2020. (Terranova, Robert)
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| Filing 12 Letter in Opposition of Sandoz Inc's pre-motion conference request by Town of Poughkeepsie (Attachments: #1 Exhibit MDL Order Regarding Remand) (Napoli, Paul) |
| Filing 11 MOTION to Remand to State Court by Town of Poughkeepsie. (Attachments: #1 Declaration Declaration of Counsel, #2 Memorandum in Support Memorandum in Support of Motion to Remand, #3 Exhibit Town of Poughkeepsie Complaint, #4 Exhibit Court Notice of Transfer, #5 Exhibit Sandoz Inc. Notice of Removal) (Napoli, Paul) |
| Filing 10 Letter Joint Letter requesting pre-motion conference by Sandoz, Inc. (Kirshenberg, Robert) |
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ORDER denying #9 Motion for Pre Motion Conference. The Court's pre-motion conference requirement is waived. Defendants shall file their opposition to the motion to remand two weeks after Plaintiff files the motion to remand. Plaintiff's reply shall be filed one week after Defendants file their opposition papers. The Court's "bundling" rule concerning the service and filing of motions does not apply to the motion to remand. Ordered by Judge Joan M. Azrack on 6/24/2020. (Terranova, Robert)
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| Filing 9 Letter MOTION for Pre Motion Conference by Town of Poughkeepsie (Napoli, Paul) Modified event type from Letter to Motion on 6/18/2020 (Ortiz, Grisel). |
| Filing 8 STATE COURT RECORD Received from Supreme Court, Suffolk County, 400002/2020; containing certified copy of clerk's minutes and notice of removal. (Ortiz, Grisel) |
| Filing 7 NOTICE by Actavis LLC, Cephalon, Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc., Actavis Pharma, Inc. f/k/a Watson Pharma, Inc. Defendants' Notice of Consent to Removal (Holly, Pamela) |
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ORDER granting #6 Motion for Extension of Time to Answer. All Defendants time to answer or otherwise respond to the Complaint is EXTENDED until sixty (60) days following the later of: (1) the Court's ruling on a motion to remand (if any such motion), or (2) a final decision by the Judicial Panel on Multidistrict Litigation (JPML) granting a motion to vacate a conditional transfer order covering this action or otherwise finally denying transfer of this action to the multidistrict litigation for opioid-related actions (the Opiate MDL). Counsel are directed to submit a letter advising this Court within three (3) days of either of the above decisions. So Ordered by Magistrate Judge Anne Y. Shields on 6/5/2020. (Mucciaccio, Dina)
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| Filing 6 Consent MOTION for Extension of Time to File Answer re #1 Notice of Removal,, and To Conduct 26(f) Conference for 60 Days by Sandoz, Inc.. (Attachments: #1 Exhibit Proposed Order Extending Time To Answer, Move Or Respond to Complaint and To Conduct 26(f) Conference for 60 Days) (Kirshenberg, Robert) |
| Filing 5 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Vanderbilt, Evelyn) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for additional corrections that were made. (Vanderbilt, Evelyn) |
| Filing 3 Civil Cover Sheet.. Re #1 Notice of Removal,, by Sandoz, Inc. (Kirshenberg, Robert) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Sica, Michele) |
| Filing 1 NOTICE OF REMOVAL by Sandoz, Inc. from Supeme Court, Suffolk County, case number 400002/2020. ( Filing fee $ 400 receipt number ANYEDC-12867635) (Attachments: #1 Exhibit A - Summons, #2 Exhibit B - Verified Complaint, #3 Exhibit C - Fee Waiver Letter, #4 Exhibit D - Notice of Entry & Order, #5 Exhibit E - Notice to County Clerk-CPLR Section 8019(c), #6 Exhibit F - Dutchess County Docket Sheet, #7 Exhibit G - Court Notice re Transfer to Suffolk County, #8 Exhibit H - Suffolk County Docket Sheet, #9 Civil Cover Sheet Civil Cover Sheet) (Kirshenberg, Robert) |
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