Nassau County, NY v. Mylan Pharmaceuticals, Inc. et al
| Nassau County, NY |
| Indivior Inc., Assertio Therapeutics, Novartis AG, Mylan Pharmaceuticals, Inc., Sandoz, Inc., West-Ward Pharmaceuticals Corp., Amneal Pharmaceuticals, Inc., KVK-Tech, Inc., Reckitt Benckiser Pharmaceuticals, Inc., Depomed, Inc., Abbott Laboratories, Inc., Sun Pharmaceutical Industries, Inc., Zydus Pharmaceuticals (USA) Inc., Novartis Inc., Novartis Pharmaceuticals Corporation, Henry Schein, Inc., Henry Schein Medical Systems, Inc., Koninklijke Ahold Delhaize N.V., Ahold Delhaize USA, Inc., American Sales Company, LLC, Associated Pharmacies, Inc., Costco Wholesale Corporation, Target Corporation, Wegmans Food Markets, Inc., KPH Healthcare Services, Inc., doing business as Kinney Drugs, Inc., Kinney Drugs, Inc., The Stop & Shop Supermarket Company LLC doing business as Stop & Shop Pharmacy, Express Scripts Holding Company, Express Scripts, Inc., UnitedHealth Group Incorporated, Medco Health Solutions, Inc., Merck-Medco, Optum, Inc., OptumRx Inc., Navitus Holdings, LLC and Navitus Health Solutions, LLC |
| 2:2023cv05382 |
| July 15, 2023 |
| US District Court for the Eastern District of New York |
| Arlene R Lindsay |
| Orelia E Merchant |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1442 Notice of Removal |
| Both |
Docket Report
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| Filing 86 DENIAL re #85 Motion for Refund of Fees Paid Electronically. The first set of pro hac vice motions were denied by the Court. Thus the filing fees were properly incurred with the second set of filings. Signed Brenna B. Mahoney, Clerk of Court by Tiffeny Lee-Harris, Deputy Clerk on 10/30/2023. (TLH) |
| Filing 85 MOTION for Refund of Fees Paid Electronically by Sun Pharmaceutical Industries, Inc.. (TLH) |
ORDER re #84 : The Motion of Hyung Steele for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 10/26/2023. c/ecf (RI)
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| Filing 84 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17217802 by Sun Pharmaceutical Industries, Inc.. (Steele, Hyung) |
| Filing 83 NOTICE of Appearance by Haley Irene Plourde-Cole on behalf of Express Scripts Holding Company, Express Scripts, Inc., Merck-Medco (aty to be noticed) (Plourde-Cole, Haley) |
| Filing 82 Letter to all Counsel of Record by Nassau County, NY (Shkolnik, Hunter) |
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ORDER re #75 : The motion to seal the amended complaint is respectfully referred to Magistrate Judge Lindsay. The amended complaint may remain under seal in whole until further order of Judge Lindsay. The parties shall proceed to briefing the motion to remand based on the sealed amended complaint according to the deadlines set in the Court's October 16, 2023, order. Ordered by Judge Orelia E. Merchant on 10/23/2023. (CS)
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| Filing 81 Letter re: Redactions to Amended Complaint by Express Scripts, Inc., OptumRx Inc. (Attachments: #1 Exhibit A MDL Protective Order, #2 Exhibit B Amendment to MDL Protective Order) (Cooper, Jonathan) |
| Filing 80 Letter pursuant to Court text Order dated October 16, 2023 concerning Motion to Seal [Docket No. 76] by Nassau County, NY (Attachments: #1 Exhibit 1. Chart of Paragraphs) (Shkolnik, Hunter) |
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ORDER granting #76 Motion to Amend/Correct/Supplement. Without addressing the issue of repleading as of right, the Court grants plaintiff leave to amend as it finds justice so requires given the early stages of litigation in this forum and for substantially the reasons stated by Plaintiff. See Fed. R. Civ. P. 15(a)(2). The Court finds no undue delay, bad faith, futility, or prejudice to the defendant. See Addison v. Reitman Blacktop, Inc., 283 F.R.D. 74, 79 (E.D.N.Y. 2011). Indeed, it has been clear to the defendants since at least the pre-motion conference (if not earlier) that plaintiffs would seek to amend to disclaim federal claims as they had done previously through stipulation in other opioid litigations. See ECF 76:11 at 16:17-22, 24:2-20; ECF 76-1 at 2-7; ECF 76-9. Accordingly, the Court resets deadlines as follows: The amended complaint is due October 23, 2023; Defendants shall serve opposition papers on the amended complaint by November 22, 2023; Plaintiff shall serve any reply by December 7, 2023, and the fully bundled motion to remand shall be filed that same day consistent with the undersigned's individual rules Section III, Part F. With respect to plaintiff's sealing request, ECF #75 , the parties shall submit by October 20, 2023, by 5:00 PM a letter of no more than 5 pages explaining to why the amended complaint in whole should be sealed or otherwise providing a redacted complaint and proposed findings as to how any redactions meet "higher values" that "necessitate a narrowly tailored sealing." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 126 (2d Cir. 2006). Ordered by Judge Orelia E. Merchant on 10/16/2023. (CS)
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ORDER re #79 : The Motion of Michael G. Connelly for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 10/16/2023. c/ecf (RI)
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| Filing 79 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17179310 by Sun Pharmaceutical Industries, Inc.. (Connelly, Michael) |
| Filing 78 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17176788 by Sun Pharmaceutical Industries, Inc.. (Connelly, Michael) |
| Filing 77 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17176372 by Sun Pharmaceutical Industries, Inc.. (Steele, Hyung) |
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ORDER re #77 : The Motion of Hyung P. Steele for Leave to Appear Pro Hac Vice is denied with leave to renew upon submitting a certificate of the court for each of the states of which the applicant is a member of the bar, which has been issued within (30) thirty days of filing and states that the applicant is a member of good standing of the bar of that state court as set forth in Local Rule 1.3(c). Ordered by Magistrate Judge Arlene R. Lindsay on 10/12/2023. c/ecf (RI)
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ORDER re #78 : The Motion of Michael G. Connelly for Leave to Appear Pro Hac Vice is denied with leave to renew upon submitting a certificate of the court for each of the states of which the applicant is a member of the bar, which has been issued within (30) thirty days of filing and states that the applicant is a member of good standing of the bar of that state court as set forth in Local Rule 1.3(c). Ordered by Magistrate Judge Arlene R. Lindsay on 10/12/2023. c/ecf (RI)
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ORDER re #74 : The Motion of Megan E. Dorsch for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. c/ecfOrdered by Magistrate Judge Arlene R. Lindsay on 10/12/2023. c/ecf (RI)
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| Filing 76 MOTION to Amend/Correct/Supplement #75 MOTION for Leave to Electronically File Document under Seal MOTION to Seal , #1 Notice of Removal,, Notice of Plaintiff's Motion to Amend Complaint Per Rule 15(A) of the Federal Rules of Civil Procedure by Nassau County, NY. (Attachments: #1 Memorandum in Support, #2 Declaration of Salvatore Badala, #3 Exhibit 1. Proposed Amended Complaint to be filed under seal, #4 Exhibit 2. Seibel Order, #5 Exhibit 3. Suffolk Orders, #6 Exhibit 4. Operative Complaint April 2023, #7 Exhibit 5. Stipulation, #8 Exhibit 6. Pre Motion Letters, #9 Exhibit 7. Jefferson County Stipulation, #10 Exhibit 8. Emails Denying Stipulation, #11 Exhibit 9. Transcript of Hearing dated September 26, 2023, #12 Exhibit 10. Blackline Amended Complaint to be filed under seal, #13 Exhibit 11. Assertio email, #14 Exhibit 12. Email OptumRx and ESI no consent, #15 Exhibit 13. Defendants email re matter of course) (Badala, Salvatore) |
| Filing 75 MOTION for Leave to Electronically File Document under Seal , MOTION to Seal by Nassau County, NY. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 10) (Badala, Salvatore) |
| Filing 74 MOTION to Appear Pro Hac Vice of Megan E. Dorsch Filing fee $ 150, receipt number ANYEDC-17169532 by Zydus Pharmaceuticals (USA) Inc.. (Attachments: #1 Declaration of Megan E. Dorsch, #2 Proposed Order) (Dorsch, Megan) |
| Filing 73 Corporate Disclosure Statement by Sun Pharmaceutical Industries, Inc. identifying Corporate Parent Sun Pharmaceutical Industries Limited for Sun Pharmaceutical Industries, Inc.. (Stio, Angelo) |
| Filing 72 NOTICE of Appearance by Angelo A. Stio, III on behalf of Sun Pharmaceutical Industries, Inc. (aty to be noticed) (Stio, Angelo) |
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ORDER re #71 : The Motion of Lauren S. Colton for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 10/3/2023. c/ecf (RI)
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| Filing 71 MOTION to Appear Pro Hac Vice of Lauren S. Colton Filing fee $ 150, receipt number ANYEDC-17134371 by Zydus Pharmaceuticals (USA) Inc.. (Attachments: #1 Declaration of Lauren S. Colton,, #2 Proposed Order) (Colton, Lauren) |
| Minute Entry for proceedings held before Judge Orelia E. Merchant: Pre-Motion Conference on motion to remand held on 9/26/2023. Appearances made by: Plaintiffs' attorneys Salvatore C. Badala, Hunter Jay Shkolnik and Shayna Erin Sacks, on behalf of Nassau County, NY; Defendants' attorneys Phoebe Anne Wilkinson on behalf of Mylan Pharmaceuticals, Inc.; Glenn S. Kerner on behalf of Sandoz, Inc.; Caitlyn Mancuso on behalf of Indivior Inc.; Scott Powers on behalf of Assertio Therapeutics; Pieter Van Tol on behalf of Zydus Pharmaceuticals (USA) Inc.; John P. McDonald on behalf of Henry Schein, Inc.; Farrah Robyn Berse and Stewart Reeves Jordan on behalf of Associated Pharmacies, Inc.; Adam Ross Mandelsberg on behalf of Costco Wholesale Cooperation; Rory Collins on behalf of Target Cooperation; Cory Schoonmaker on behalf of KPH Healthcare Services, Inc.; Jonathan Gordon Cooper, Charles Barnwell Straut, II and Hayley Plourde-Cole on behalf of Express Scripts, Inc.; Michael Roger Hoernlein and Caroline Rawls Strumph on behalf of OptumRx Inc. The Court set the following briefing schedule on the motion for remand: Plaintiff shall serve their moving papers on plaintiff by October 26, 2023; Removing Defendants shall serve opposition papers on November 27, 2023; plaintiff's reply, if any, is due by December 11, 2023. As a courtesy to the Court, the Court requests that the parties refrain from filing motion papers until the motion has been fully briefed. See Individual Practice and Rules, Part III.F. As instructed by the Court, any requests for amendment of the pleadings shall be filed on the docket and should indicate whether the defendants consent. (Court Reporter Georgette Betts) (TPL) |
| Filing 70 NOTICE of Appearance by Farrah Robyn Berse on behalf of Associated Pharmacies, Inc. (aty to be noticed) (Berse, Farrah) |
| Filing 69 Corporate Disclosure Statement by Associated Pharmacies, Inc. identifying Corporate Parent American Associated Pharmacies for Associated Pharmacies, Inc.. (Jordan, Stewart) |
| Filing 68 NOTICE of Appearance by Stewart Reeves Jordan on behalf of Associated Pharmacies, Inc. (aty to be noticed) (Jordan, Stewart) |
| Filing 67 NOTICE of Appearance by Michael Roger Hoernlein on behalf of Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated (aty to be noticed) (Hoernlein, Michael) |
| Filing 66 NOTICE of Appearance by Scott Powers on behalf of Assertio Therapeutics (notification declined or already on case) (Powers, Scott) |
| Filing 65 NOTICE of Appearance by Kevin M. Sadler on behalf of Assertio Therapeutics (notification declined or already on case) (Sadler, Kevin) |
| Filing 64 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17099643 by Assertio Therapeutics. (Attachments: #1 Declaration of Scott D. Powers, #2 Proposed Order) (Powers, Scott) |
| Filing 63 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17099541 by Assertio Therapeutics. (Attachments: #1 Declaration of Kevin M. Sadler, #2 Proposed Order) (Sadler, Kevin) |
| Filing 62 NOTICE of Appearance by Maria Rose Durant on behalf of Indivior Inc. (notification declined or already on case) (Durant, Maria) |
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ORDER re #64 : The Motion of Scott D. Powers for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 9/19/2023. c/ecf (RI)
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ORDER re #63 : The Motion of Kevin M. Sadler for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 9/19/2023. c/ecf (RI)
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| Filing 61 MOTION to Appear Pro Hac Vice for Maria R. Durant Filing fee $ 150, receipt number ANYEDC-17091124 by Indivior Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Durant, Maria) |
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ORDER re #61 : The Motion of Maria R. Durant for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 9/15/2023. c/ecf (RI)
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| Filing 60 Corporate Disclosure Statement by UnitedHealth Group Incorporated (Strumph, Caroline) |
| Filing 59 Corporate Disclosure Statement by Optum, Inc. identifying Corporate Parent UnitedHealth Group Inc. for Optum, Inc.. (Strumph, Caroline) |
| Filing 58 Corporate Disclosure Statement by Costco Wholesale Corporation (Mandelsberg, Adam) |
| Filing 57 NOTICE of Appearance by Adam Ross Mandelsberg on behalf of Costco Wholesale Corporation (aty to be noticed) (Mandelsberg, Adam) |
| Filing 56 NOTICE of Appearance by Caitlyn Anne Mancuso on behalf of Indivior Inc. (notification declined or already on case) (Mancuso, Caitlyn) |
| Filing 55 NOTICE of Appearance by Emily McGowan on behalf of Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated (notification declined or already on case) (McGowan, Emily) |
| Filing 54 MOTION to Appear Pro Hac Vice of Caitlyn A. Mancuso Filing fee $ 150, receipt number ANYEDC-17030822 by Indivior Inc.. (Attachments: #1 Affidavit of Caitlyn A. Mancuso, #2 Certificate of Good Standing) (Mancuso, Caitlyn) |
| Filing 53 MOTION to Appear Pro Hac Vice for Emily McGowan Filing fee $ 150, receipt number ANYEDC-17030263 by Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated. (Attachments: #1 Motion for Admission, #2 Affidavit of Emily McGowan, #3 Exhibit A - Certificate of Good Standing, #4 Exhibit B - Certificate of Good Standing, #5 Proposed Order) (McGowan, Emily) |
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ORDER re #54 :The Motion of Caitlyn A. Mancuso for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 8/28/2023. c/ecf (RI)
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ORDER re #53 : The Motion of Emily McGowan for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 8/28/2023. c/ecf (RI)
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| Filing 52 NOTICE of Appearance by Caroline Rawls Strumph on behalf of Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated (notification declined or already on case) (Strumph, Caroline) |
| Filing 51 NOTICE of Appearance by Brian David Boone on behalf of Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated (notification declined or already on case) (Boone, Brian) |
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ORDER re #50 : The Motion of Brian D. Boone for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 8/24/2023. c/ecf (RI)
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| Filing 50 MOTION to Appear Pro Hac Vice for Brian D. Boone Filing fee $ 150, receipt number ANYEDC-17017440 by Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated. (Attachments: #1 Motion for Admission, #2 Affidavit of Brian D. Boone, #3 Exhibit A - Certificate of Good Standing, #4 Exhibit B - Certificate of Good Standing, #5 Exhibit C - Certificate of Good Standing, #6 Exhibit D - Certificate of Good Standing, #7 Proposed Order) (Boone, Brian) |
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ORDER re #49 : The Motion of Caroline Rawls Strumph for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 8/23/2023. c/ecf (RI)
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| Filing 49 MOTION to Appear Pro Hac Vice for Caroline Rawls Strumph Filing fee $ 150, receipt number ANYEDC-17015910 by Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated. (Attachments: #1 Motion for Admission, #2 Affidavit of Caroline Rawls Strumph, #3 Exhibit A - Certificate of Good Standing, #4 Proposed Order) (Strumph, Caroline) |
| Filing 48 Corporate Disclosure Statement by Sandoz, Inc. identifying Corporate Parent Novartis AG for Sandoz, Inc.. (Kerner, Glenn) |
| Filing 47 NOTICE of Appearance by Glenn S. Kerner on behalf of Sandoz, Inc. (aty to be noticed) (Kerner, Glenn) |
| Filing 46 NOTICE of Appearance by Nilda Maria Isidro on behalf of Sandoz, Inc. (aty to be noticed) (Isidro, Nilda) |
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ORDER re #42 : The Motion of Brandan J. Montminy for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 8/21/2023. c/ecf (RI)
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| Filing 45 CERTIFICATE OF SERVICE by OptumRx Inc. for Notice of Removal (Penaro, Steven) |
| Filing 44 Corporate Disclosure Statement by West-Ward Pharmaceuticals Corp. identifying Corporate Parent Hikma Pharmaceuticals PLC for West-Ward Pharmaceuticals Corp.. (Connelly, Luke) |
| Filing 43 NOTICE of Appearance by Luke A. Connelly on behalf of West-Ward Pharmaceuticals Corp. (aty to be noticed) (Connelly, Luke) |
| Filing 42 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17005087 by Henry Schein Medical Systems, Inc., Henry Schein, Inc.. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Proposed Order Granting Motion for Admission Pro Hac Vice) (Montminy, Brandan) |
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ORDER Re #41 : The Motion of John P. McDonald for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 8/18/2023. c/ecf (RI)
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| Filing 41 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-17003220 by Henry Schein Medical Systems, Inc., Henry Schein, Inc.. (Attachments: #1 Affidavit in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Proposed Order for Admission Pro Hac Vice) (McDonald, John) |
| Filing 40 Corporate Disclosure Statement by KPH Healthcare Services, Inc.,, Kinney Drugs, Inc. (Mattison, Zachary) |
| Filing 39 NOTICE of Appearance by Zachary M Mattison on behalf of KPH Healthcare Services, Inc.,, Kinney Drugs, Inc. (aty to be noticed) (Mattison, Zachary) |
| Filing 38 STATE COURT RECORD Received. Certified copy of Clerk's Minutes for the E-filed Supreme Court case bearing Index No. 400008/2017, along with a copy of the Notice of Removal or 8019(c) with order is enclosed. (EG) |
| Filing 37 Corporate Disclosure Statement by Mylan Pharmaceuticals, Inc. identifying Corporate Parent Mylan Inc., Corporate Parent Viatris Inc., Corporate Parent Mylan Holdings Sub Inc. for Mylan Pharmaceuticals, Inc.. (Wilkinson, Phoebe) |
| Filing 36 NOTICE of Appearance by Phoebe Anne Wilkinson on behalf of Mylan Pharmaceuticals, Inc. (aty to be noticed) (Wilkinson, Phoebe) |
| Filing 35 Letter by Henry Schein Medical Systems, Inc., Henry Schein, Inc. (Froehlich, Joseph) |
| Filing 34 Letter to Honorable Orelia E. Merchant dated August 10, 2023 in response to Plaintiff Nassau County's August 3 letter #24 by Express Scripts, Inc., OptumRx Inc. (Cooper, Jonathan) |
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ORDER granting #6 Motion for Extension of Time to Answer. The parties' stipulation is so ordered. The defendants' motions to dismiss or otherwise respond to the complaint are extended until 60 days after this Court's order resolving the request for remand. Ordered by Judge Orelia E. Merchant on 8/10/2023. (CS)
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| Filing 33 Corporate Disclosure Statement by Henry Schein Medical Systems, Inc., Henry Schein, Inc. (Froehlich, Joseph) |
| Filing 32 NOTICE of Appearance by Joseph N. Froehlich on behalf of Henry Schein Medical Systems, Inc., Henry Schein, Inc. (aty to be noticed) (Froehlich, Joseph) |
| Filing 31 Corporate Disclosure Statement by Indivior Inc. identifying Corporate Parent Indivior Finance LLC, Corporate Parent Indivior US Holdings Inc., Corporate Parent RBP Global Holdings Limited, Corporate Parent Indivior Global Holdings Limited, Corporate Parent Indivior PLC for Indivior Inc.. (Fleming, Benjamin) |
| Filing 30 NOTICE of Appearance by Benjamin Andrew Fleming on behalf of Indivior Inc. (aty to be noticed) (Fleming, Benjamin) |
| Filing 29 Corporate Disclosure Statement by Zydus Pharmaceuticals (USA) Inc. identifying Corporate Parent Zydus Lifesciences Limited for Zydus Pharmaceuticals (USA) Inc.. (Van Tol, Pieter) |
| Filing 28 NOTICE of Appearance by Charles Barnwell Straut, II on behalf of Express Scripts Holding Company, Express Scripts, Inc., Medco Health Solutions, Inc., Merck-Medco (aty to be noticed) (Straut, Charles) |
| Filing 27 Corporate Disclosure Statement by Target Corporation (Collins, Rory) |
| Filing 26 NOTICE of Appearance by Rory Collins on behalf of Target Corporation (aty to be noticed) (Collins, Rory) |
| Filing 25 NOTICE of Appearance by Pieter Van Tol on behalf of Zydus Pharmaceuticals (USA) Inc. (aty to be noticed) (Van Tol, Pieter) |
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ORDER granting #24 Motion for Pre- Motion Conference. A Pre-Motion Conference on plaintiff's motion to remand is set for September 26, 2023 at 10:00 AM before Judge Orelia E. Merchant. Defendants will respond to the plaintiff's pre-motion letter as required by the undersigned's individual rules. Additionally, the Court construes plaintiff's letter as a motion to remand for the purposes of 28 U.S.C. 1447(c)'s timing requirement and thus the motion is timely, and no extension is needed. The Court will set a full briefing schedule at the conference for final motion practice. The parties are directed to call the toll-free number 646-828-7666 and follow these steps: (1) Enter the meeting ID number: 161 430 3615 and then press #. (2) Press # again. (3) Enter the passcode: 904429. The parties shall dial in five (5) minutes before the conference. Ordered by Judge Orelia E. Merchant on 8/4/2023. (TPL)
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| Filing 24 MOTION for pre motion conference re #1 Notice of Removal,, by Nassau County, NY. (Badala, Salvatore) |
| Filing 23 CERTIFICATE OF SERVICE by Express Scripts, Inc. for Supplemental Notice of Removal (Merkel, Ellison) |
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ORDER: In light of the parties' joint request and stipulations, see ECF #6 , the Court hereby GRANTS a stay of answer deadlines as to all defendants until 60 days after the resolution of the forthcoming motion to remand. Ordered by Judge Orelia E. Merchant on 7/31/2023. (CS)
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| Filing 22 CERTIFICATE OF SERVICE by OptumRx Inc. for Notice of Removal (Penaro, Steven) |
| Filing 21 NOTICE by Express Scripts, Inc. Supplemental Notice of Removal (Attachments: #1 Exhibit A: TRICARE Contract) (Merkel, Ellison) |
| Filing 20 NOTICE of Appearance by Michael John Lyle on behalf of Express Scripts Holding Company, Express Scripts, Inc., Medco Health Solutions, Inc., Merck-Medco (notification declined or already on case) (Lyle, Michael) |
| Filing 19 NOTICE of Appearance by Jonathan Gordon Cooper on behalf of Express Scripts Holding Company, Express Scripts, Inc., Medco Health Solutions, Inc., Merck-Medco (notification declined or already on case) (Cooper, Jonathan) |
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ORDER re #17 : The Motion of Jonathan Cooper for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 7/28/2023. c/ecf (RI)
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ORDER re #16 : The Motion of Michel Lyle for Leave to Appear Pro Hac Vice is granted. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the 150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Arlene R. Lindsay on 7/28/2023. c/ecf (RI)
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Filing 18
ORDER OF RECUSAL. Magistrate Judge James M. Wicks recused. Case reassigned to Magistrate Judge Arlene R. Lindsay for all further proceedings. Ordered by Magistrate Judge James M. Wicks on 7/27/2023. (GO)
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| Filing 17 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-16935978 by Express Scripts Holding Company, Express Scripts, Inc., Medco Health Solutions, Inc., Merck-Medco. (Attachments: #1 Declaration of Jonathan Cooper, #2 Exhibit A-Certificate of Good Standing with the District of Columbia Bar, #3 Exhibit B-Certificate of Good Standing with the Supreme Court of Maryland, #4 Proposed Order) (Cooper, Jonathan) |
| Filing 16 MOTION to Appear Pro Hac Vice for Michel Lyle Filing fee $ 150, receipt number ANYEDC-16936135 by Express Scripts Holding Company, Express Scripts, Inc., Medco Health Solutions, Inc., Merck-Medco. (Attachments: #1 Declaration of Michael Lyle, #2 Exhibit A - Certificate of Good Standing - DC, #3 Exhibit B - Certificate of Good Standing - IL, #4 Proposed Order for Admission Pro Hac Vice) (Lyle, Michael) |
| Filing 15 NOTICE of Appearance by Paul J. Napoli on behalf of Nassau County, NY (aty to be noticed) (Napoli, Paul) |
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ORDER denying without prejudice to refile #9 Motion to Dismiss for Failure to State a Claim. On July 24, 2023, Defendant Assertio Therapeutics filed a motion to dismiss. The undersigned was assigned to this case yesterday, July 25, 2023, and therefore neither Assertio--nor any other party--had the benefit of reviewing the Court's individual rules on motion practice. The Court thus DENIES without prejudice to refile the #9 motion to dismiss. All further dispositive motion practice by any party should be conducted in accordance with the undersigned's individual rules. See generally Part III. Additionally, all general and non-dispositive pre-trial issues, including the #6 joint motion for Extension of Time to File Answer, shall be addressed to the magistrate judge assigned in this case, Judge Wicks. Ordered by Judge Orelia E. Merchant on 7/26/2023. (CS)
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| Filing 14 NOTICE of Appearance by Hunter Jay Shkolnik on behalf of Nassau County, NY (aty to be noticed) (Shkolnik, Hunter) |
| Filing 13 NOTICE of Appearance by Joshua Mark Agins on behalf of Wegmans Food Markets, Inc. (aty to be noticed) (Agins, Joshua) |
| Filing 12 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. (LJ) |
| Filing 11 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Case Assigned to Judge Orelia E. Merchant and Magistrate Judge James M. Wicks. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ) |
| Filing 10 Corporate Disclosure Statement by Assertio Therapeutics identifying Corporate Parent Assertio Holdings, Inc. for Assertio Therapeutics. (Harper, Richard) |
| Filing 9 MOTION to Dismiss for Failure to State a Claim by Assertio Therapeutics. (Attachments: #1 Memorandum in Support) (Harper, Richard) |
| Filing 8 NOTICE of Appearance by Shayna Erin Sacks on behalf of Nassau County, NY (notification declined or already on case) (Sacks, Shayna) |
| Filing 7 NOTICE of Appearance by Salvatore C. Badala on behalf of Nassau County, NY (aty to be noticed) (Badala, Salvatore) |
| Filing 6 Joint MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint by OptumRx Inc.. (Attachments: #1 Exhibit Ex. 1 Stipulation Filed 6-26-23 in Case 400000-2017 (Nassau)) (Penaro, Steven) |
| Filing 5 Corporate Disclosure Statement by Express Scripts, Inc. identifying Corporate Parent Express Scripts Holding Company (n/k/a Evernorth Health, Inc.) for Express Scripts, Inc.. (Merkel, Ellison) |
| Filing 4 Corporate Disclosure Statement by OptumRx Inc. identifying Corporate Parent UnitedHealth Group Incorporated, Corporate Parent OptumRx Holdings, LLC for OptumRx Inc.. (Penaro, Steven) |
| Filing 3 NOTICE of Appearance by Tara Lynn MacNeill on behalf of Express Scripts Holding Company, Express Scripts, Inc., Medco Health Solutions, Inc., Merck-Medco (aty to be noticed) (MacNeill, Tara) |
| Filing 2 NOTICE of Appearance by Ellison Ward Merkel on behalf of Express Scripts Holding Company, Express Scripts, Inc., Medco Health Solutions, Inc., Merck-Medco (aty to be noticed) (Merkel, Ellison) |
| Filing 1 NOTICE OF REMOVAL by OptumRx Inc. from Supreme Court Suffolk County, case number 400008/2017. Was the Disclosure Statement on Civil Cover Sheet completed -Yes ( Filing fee $ 402 receipt number ANYEDC-16895018) (Attachments: #1 Civil Cover Sheet, #2 Exhibit A-1 State Court Record, #3 Exhibit A-2 State Court Record, #4 Exhibit A-3 State Court Record, #5 Exhibit A-4 State Court Record, #6 Exhibit A-5 State Court Record) (Penaro, Steven) Modified on 7/20/2023 (LJ). |
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