Town of Amherst, NY v. Mylan Pharmaceuticals, Inc. et al
| Town of Amherst, NY, Westchester County NY and Westchester 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, Rite Aid Corporation, Rite Aid of Maryland Inc. doing business as Mid-Atlantic Customer Support Center, Rite Aid Hdqtrs. Corp.,, Rite Aid of New York, Inc., Wegmans Food Markets, Inc., KPH Healthcare Services, Inc. doing business as Kinney Drugs, Kinney Drugs, 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 |
| 7:2023cv06118 |
| July 16, 2023 |
| US District Court for the Southern District of New York |
| Cathy Seibel |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1442 Notice of Removal - Suit against Federal Officer |
| Defendant |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Michael Roger Hoernlein to RE-FILE Document No. (30 in 7:23-cv-06133-CS, 30 in 7:23-cv-06126-CS, 29 in 7:23-cv-06136-CS, 29 in 7:23-cv-06110-CS, 32 in 7:23-cv-06097-CS, 29 in 7:23-cv-06127-CS, 97 in 7:23-cv-06096-CS, 29 in 7:23-cv-06113-CS, 30 in 7:23-cv-06114-CS, 30 in 7:23-cv-06131-CS, 30 in 7:23-cv-06124-CS, 30 in 7:23-cv-06107-CS, 30 in 7:23-cv-06103-CS, 29 in 7:23-cv-06123-CS, 29 in 7:23-cv-06125-CS, 29 in 7:23-cv-06112-CS, 30 in 7:23-cv-06109-CS, 29 in 7:23-cv-06119-CS, 30 in 7:23-cv-06128-CS, 29 in 7:23-cv-06116-CS, 29 in 7:23-cv-06117-CS, 30 in 7:23-cv-06106-CS, 29 in 7:23-cv-06121-CS, 29 in 7:23-cv-06104-CS, 29 in 7:23-cv-06132-CS, 30 in 7:23-cv-06118-CS, 30 in 7:23-cv-06098-CS, 30 in 7:23-cv-06108-CS, 29 in 7:23-cv-06135-CS, 30 in 7:23-cv-06130-CS, 30 in 7:23-cv-06134-CS, 29 in 7:23-cv-06115-CS, 30 in 7:23-cv-06129-CS, 28 in 7:23-cv-06120-CS) Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate parent/other affiliate was not added;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes or No radio button - If Yes - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. NOTE: You must select each individual filer in each case if you spread the entry. Filed In Associated Cases: 7:23-cv-06096-CS et al.(lb) |
| Filing 31 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by UnitedHealth Group Incorporated.Filed In Associated Cases: 7:23-cv-06096-CS et al..(Hoernlein, Michael) |
| Filing 30 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UnitedHealth Group, Inc. for Optum, Inc.. Document filed by Optum, Inc..Filed In Associated Cases: 7:23-cv-06096-CS et al..(Hoernlein, Michael) Modified on 9/6/2023 (lb). |
| Filing 29 LETTER RESPONSE in Opposition to Motion addressed to Judge Cathy Seibel from Jonathan Cooper dated August 23, 2023 re: (21 in 7:23-cv-06136-CS) LETTER MOTION for Conference re: (1 in 7:23-cv-06130-CS) Notice of Removal, (1 in 7:23-cv-06110-CS) Notice of Removal, (1 in 7:23-cv-06115-CS) Notice of Removal, (1 in 7:23-cv-06123-CS) Notice of Removal, (1 in 7:23-cv-06107-CS) Notice of Remova l. Document filed by Express Scripts Holding Company, Express Scripts, Inc., Optum, Inc., OptumRx Inc.. Filed In Associated Cases: 7:23-cv-06096-CS et al..(Cooper, Jonathan) |
| Filing 28 CERTIFICATE OF SERVICE of Notice of Removal served on Novartis AG a/k/a Novartis Inc. and Novartis Pharmaceuticals Corporation on July 17 and August 8, 2023. Service was made by Mail or Overnight Delivery Service. Document filed by OptumRx Inc...(Geercken, Karl) |
| Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by KPH Healthcare Services, Inc., Kinney Drugs, Kinney Drugs, Inc..Filed In Associated Cases: 7:23-cv-06096-CS et al..(Mattison, Zachary) |
| Filing 26 NOTICE OF APPEARANCE by Zachary Martin Mattison on behalf of KPH Healthcare Services, Inc., Kinney Drugs, Kinney Drugs, Inc.. Filed In Associated Cases: 7:23-cv-06096-CS et al..(Mattison, Zachary) |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation.Filed In Associated Cases: 7:23-cv-06096-CS et al..(Collins, Rory) |
| Filing 24 NOTICE OF APPEARANCE by Rory Collins on behalf of Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation, Target Corporation. Filed In Associated Cases: 7:23-cv-06096-CS et al..(Collins, Rory) |
Filing 23
ORDER granting (44) Letter Motion for Conference: The time set forth in 28 USC 1447(c) for Plaintiffs to move to remand is extended to 9/13/23, with opposition due 10/4/23 and reply due 10/19/23, or to such later dates as may be set at the already scheduled 8/30/23 conference, where the motion will be discussed. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) Filed In Associated Cases: 7:23-cv-06096-CS et al. (Seibel, Cathy)
|
| Filing 22 LETTER MOTION for Conference re: (1 in 7:23-cv-06130-CS) Notice of Removal, (1 in 7:23-cv-06110-CS) Notice of Removal, (1 in 7:23-cv-06115-CS) Notice of Removal, (1 in 7:23-cv-06123-CS) Notice of Removal, (1 in 7:23-cv-06107-CS) Notice of Removal, (1 in 7:23-cv-06132-CS) Notice of Removal, (3 in 7:23-cv-06126-CS) Notice of Removal, (1 in 7:23-cv-06108-CS) Notice of Removal, (1 in 7:23-cv-06129-CS) Notice of Removal, (1 in 7:23-cv-06124-CS) Notice of Removal, (1 in 7:23-cv-06117-CS) Notice of Removal, (1 in 7:23-cv-06104-CS) Notice of Removal, (1 in 7:23-cv-06128-CS) Notice of Removal, (1 in 7:23-cv-06106-CS) Notice of Removal, (1 in 7:23-cv-06125-CS) Notice of Removal, (1 in 7:23-cv-06131-CS) Notice of Removal, (1 in 7:23-cv-06136-CS) Notice of Removal, (1 in 7:23-cv-06119-CS) Notice of Removal, (1 in 7:23-cv-06127-CS) Notice of Removal, (2 in 7:23-cv-06133-CS) Notice of Removal, (1 in 7:23-cv-06112-CS) Notice of Removal, (1 in 7:23-cv-06098-CS) Notice of Removal, (1 in 7:23-cv-06135-CS) Notice of Removal, (1 in 7:23-cv-06113-CS) Notice of Removal, (1 in 7:23-cv-06116-CS) Notice of Removal, (1 in 7:23-cv-06118-CS) Notice of Removal, (1 in 7:23-cv-06097-CS) Notice of Removal, (1 in 7:23-cv-06134-CS) Notice of Removal, (1 in 7:23-cv-06114-CS) Notice of Removal, (1 in 7:23-cv-06096-CS) Notice of Removal, (1 in 7:23-cv-06121-CS) Notice of Removal, (1 in 7:23-cv-06120-CS) Notice of Removal, (1 in 7:23-cv-06109-CS) Notice of Removal, (1 in 7:23-cv-06103-CS) Notice of Removal, Request for Pre-Motion Conference addressed to Judge Cathy Seibel from Salvatore C. Badala, Paul J. Napoli, Hunter J. Shkolnik, and Shayna E. Sacks dated August 3, 2023. Document filed by Cattaraugus County, NY, Cayuga County, NY, Chautauqua County, NY, Chemung County, NY, Chenango County, NY, City of Ithaca, NY, City of Kingston, NY, City of Mount Vernon, NY, Clinton County, NY, Cortland County, NY, Essex County, NY, Franklin County, NY, Genesee County, NY, Hamilton County, NY, Koninklijke Ahold Delhaize N.V., Livingston County, NY, Madison County, NY, Niagara County, New York, Orleans County, NY, Otsego County, NY, Putnam County, NY, Rensselaer County, NY, Saratoga County, NY, Schoharie County, NY, Schuyler County, NY, Steuben County, NY, Tioga County, Tompkins County, NY, Town of Amherst, NY, Town of Cheektowaga, NY, Town of Lancaster, NY, Town of Tonawanda, NY, Warren County, NY, Westchester County, Westchester County NY, Westchester County, NY, Yates County, NY.Filed In Associated Cases: 7:23-cv-06096-CS et al..(Badala, Salvatore) |
| Filing 21 CERTIFICATE OF SERVICE of Supplemental Notice of Removal. Document filed by Express Scripts, Inc.. Filed In Associated Cases: 7:23-cv-06096-CS et al..(Plourde-Cole, Haley) |
| Filing 20 NOTICE OF APPEARANCE by Haley Irene Plourde-Cole on behalf of Express Scripts Holding Company, Express Scripts, Inc., Medco Health Solutions, Inc., Merck-Medco. Filed In Associated Cases: 7:23-cv-06096-CS et al..(Plourde-Cole, Haley) |
| Filing 19 NOTICE OF APPEARANCE by Ellison Sylvina Ward Merkel on behalf of Express Scripts Holding Company, Express Scripts, Inc., Medco Health Solutions, Inc., Merck-Medco. Filed In Associated Cases: 7:23-cv-06096-CS et al..(Ward Merkel, Ellison) |
| Filing 18 NOTICE of Supplemental Notice of Removal. Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit A- TRICARE Contract)Filed In Associated Cases: 7:23-cv-06096-CS et al..(Ward Merkel, Ellison) |
| Filing 17 CERTIFICATE OF SERVICE of Notice of Removal served on Town of Amherst, NY; Mylan Pharmaceuticals Inc.; Sandoz, Inc.; Hikma Pharmaceuticals USA Inc.; Amneal Pharmaceuticals, Inc.; KVK-Tech, Inc.; Indivior Inc.; Assertio Therapeutics, Inc. f/k/a Depomed Inc.; Abbott Laboratories, Inc.; Sun Pharmaceutical Industries, Inc.; Zydus Pharmaceuticals (USA) Inc.; Henry Schein, Inc.; Henry Schein Medical Systems, Inc.; Associated Pharmacies, Inc.; Costco Wholesale Corporation; Target Corporation; Rite Aid Corporation; Rite Aid Hdqtrs. Corp.; Rite Aid of Maryland, Inc.; Rite Aid of New York, Inc.; Wegmans Food Markets, Inc.; KPH Healthcare Services, Inc. d/b/a Kinney Drugs; Ahold Delhaize, USA, Inc.; American Sales Company LLC; The Stop & Shop Supermarket Company LLC; Koninklijke Ahold Delhaize, N.V.; Express Scripts Holding Co.; Express Scripts, Inc.; Medco Health Solutions, Inc.; Merck-Medco; Navitus Holdings, LLC; and Navitus Health Solutions, LLC on July 17, 2023. Service was made by Mail or Overnight Delivery Service. Document filed by OptumRx Inc...(Geercken, Karl) |
| Filing 16 NOTICE OF APPEARANCE by Paul Joseph Napoli on behalf of Westchester County, NY. Filed In Associated Cases: 7:23-cv-06096-CS et al..(Napoli, Paul) |
| Filing 15 NOTICE OF APPEARANCE by Paul Joseph Napoli on behalf of Town of Amherst, NY..(Napoli, Paul) |
| Filing 14 NOTICE OF APPEARANCE by Joshua Mark Agins on behalf of Wegmans Food Markets, Inc...(Agins, Joshua) |
| Filing 13 NOTICE OF APPEARANCE by Hunter Jay Shkolnik on behalf of Town of Amherst, NY..(Shkolnik, Hunter) |
| Filing 12 NOTICE OF APPEARANCE by Hunter Jay Shkolnik on behalf of Westchester County, NY. Filed In Associated Cases: 7:23-cv-06096-CS et al..(Shkolnik, Hunter) |
| Filing 10 NOTICE OF APPEARANCE by Shayna Erin Sacks on behalf of Westchester County NY. Filed In Associated Cases: 7:23-cv-06096-CS et al..(Sacks, Shayna) |
| Filing 9 NOTICE OF APPEARANCE by Shayna Erin Sacks on behalf of Town of Amherst, NY..(Sacks, Shayna) |
|
Filing 11
ORDER granting #7 JOINT LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge Cathy Seibel from Karl Geercken dated 7-19-2023. Defendants' Joint Letter Motion requesting an extension, see ECF No. 10, is GRANTED. Defendants shall have until sixty days after this Court's decision on the forthcoming motion to remand to either move to dismiss the April 2023 Short-Form Complaints, see ECF No. 10-1, or otherwise respond to those Complaints. The Clerk of Court is respectfully directed to consolidate the instant case and all thirty-three related cases for pretrial purposes only, by designating the instant case, Westchester County v. Mylan Pharmaceuticals, Inc., et al., No. 23-CV-6096, as the lead case, and designating the remaining thirty-three related cases as member cases. Relatedly, the Clerk of Court is respectfully directed terminate the identical Joint Letter Motions for an Extension of Time to File an Answer pending in the remaining thirty-three related cases and to docket this Order in those cases. Moving forward, any pleading that is intended to be applicable to all thirty-four related cases pending before this Court is to only be filed on the docket of the lead case, Westchester County v. Mylan Pharmaceuticals, Inc., et al., No. 23-CV-6096, with a caption stating "This Document Relates To All Actions" to ensure the streamlined disposition of these matters. Any pleading that is not intended to apply to all thirty-four cases shall only be filed on the docket of the individual case to which it applies. SO ORDERED. (Signed by Judge Cathy Seibel on 7/20/2023) (mml)
|
| Filing 8 NOTICE OF APPEARANCE by Salvatore Charles Badala on behalf of Town of Amherst, NY..(Badala, Salvatore) |
| CONSOLIDATED MEMBER CASE: Create association to 7:23-cv-06096-CS. (mml) |
| Filing 7 JOINT LETTER MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint addressed to Judge Cathy Seibel from Karl Geercken dated 7-19-2023. Document filed by OptumRx Inc.. (Attachments: #1 Exhibit Ex. 1 Stipulation Filed 6-26-23 in Case 75000-2022 (Westchester)).(Geercken, Karl) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent OptumRx Holdings, LLC, Corporate Parent UnitedHealth Group Incorporated for OptumRx Inc.. Document filed by OptumRx Inc...(Geercken, Karl) |
| NOTICE OF CASE REASSIGNMENT to Judge Cathy Seibel. Judge Unassigned is no longer assigned to the case. (sgz) |
| CASE ACCEPTED AS RELATED. Create association to 7:23-cv-06096-CS. Notice of Assignment to follow. (sgz) |
| Magistrate Judge Andrew E. Krause is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sgz) |
| Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 7:23-cv-06096. Document filed by OptumRx Inc...(Geercken, Karl) |
| Filing 4 CIVIL COVER SHEET filed..(Geercken, Karl) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Karl Geercken. The following case opening statistical information was erroneously selected/entered: Jury Demand code b (Both); County code Erie;. The following correction(s) have been made to your case entry: the Jury Demand code has been modified to d (Defendant); the County code has been modified to New York;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Karl Geercken to RE-FILE Document No. #3 Statement of Relatedness. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the related case statement is not correct; the related case statement was not properly signed by the attorney. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Karl Geercken. The party information for the following party/parties has been modified: West-Ward Pharmaceuticals Corp. n/k/a Hikma Pharmaceuticals, Inc.; Indivior Inc. f/k/a Reckitt Benckiser Pharmaceuticals, Inc.; Assertio Therapeutics f/k/a Depomed, Inc.; Novartis AG a/k/a Novartis Inc.; Rite Aid of Maryland Inc. d/b/a Mid-Atlantic Customer Support Center; KPH Healthcare Services, Inc. d/b/a Kinney Drugs; The Stop & Shop Supermarket Company LLC d/b/a Stop & Shop Pharmacy. The information for the party/parties has been modified for the following reason/reasons: party name was modified to add alias separately. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(jgo) |
| Case Designated ECF. (jgo) |
| CASE REFERRED TO Judge Cathy Seibel as possibly related to 23-cv-6096. (jgo) |
| Filing 3 FILING ERROR - PDF ERROR - STATEMENT OF RELATEDNESS re: that this action be filed as related to 7:23-cv-06096. Document filed by OptumRx Inc...(Geercken, Karl) Modified on 7/17/2023 (jgo). |
| Filing 2 CIVIL COVER SHEET filed..(Geercken, Karl) Modified on 7/17/2023 (jgo). Modified on 7/17/2023 (gp). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of Westchester. Case Number: 75057/2022. (Filing Fee $ 402.00, Receipt Number ANYSDC-28005637).Document filed by OptumRx Inc.. (Attachments: #1 Exhibit State Court Record (A-1), #2 Exhibit State Court Record (A-2), #3 Exhibit State Court Record (A-3), #4 Exhibit State Court Record (A-4), #5 Exhibit State Court Record (A-5), #6 Exhibit State Court Record (A-6)).(Geercken, Karl) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
