In Re: National Prescription Opiate Litigation
Plaintiff: City of Toledo, City of Lorain, County of Cuyahoga, Richland County Children's Services, City of Parma, Local No. 38 IBEW Health and Welfare Fund, Plaintiffs' Lead Counsel, Rosary Hall, Plaintiffs' Executive Committee, St. Vincent Charity Medical Center, Plaintiffs' Liaison Counsel, Hospital Plaintiffs, James and Teri Holland, Roxie Whitley, Chris and Diane Denson, Darren and Elena Flanagan, Erin Doyle, Shannon Hunt, Bobbi Lou Moore, Walter and Virginia Salmons, City of Fargo, North Dakota, Tyler M Roach, Derric and Ceonda Rees, Ms. Rachel Wood, Melissa Ambrosio, Amanda M. Hanlon, Interim Co-Lead Class Counsel for the Proposed Negotiation Class, Jacqueline Ramirez, Anthony Anderson, Roman Ramirez, Sharon A. Walker, Melissa Barnwell, David S. Walker, Michelle Frost, Haden Travis Blankenship, Stephanie Howell, Track II Plaintiffs, The County of Lake, Trumbull County, Lake County, Plaintiffs Lead Counsel, Plaintiffs Executive Committee, Plaintiffs Liaison Counsel, Board of Education of Chicago Public Schools, District 299, Allied Security Health and Welfare Fund, Municipality of Cidra, Puerto Rico, Municipality of Barceloneta, Puerto Rico, CWA Local 1182 & 1183 Health & Welfare Funds, Southern Tier Building Trades Benefit Plan, Municipality of Adjuntas, Puerto Rico, Local 713 I.B.O.T.U. Welfare Fund, Municipality of Coamo, Puerto Rico and Birmingham, City of
Defendant: National Prescription Opiate Litigation, McKesson Corporation, Purdue Pharma L.P., Actavis, Inc., Insys Therapeutics, Inc., Perry Fine, Allergan PLC, Teva Pharmaceuticals USA, Inc., Cardinal Health, Inc., Endo Pharmaceuticals, Inc., Russell Portenoy, Actavis LLC, Allergan Finance LLC, Actavis Pharma, Inc., Purdue Frederick Company, Inc., Watson Laboratories, Inc., Cephalon, Inc., Scott Fishman, Endo Health Solutions Inc., Johnson & Johnson, Purdue Pharma Inc., Janssen Pharmaceuticals, Inc., AmerisourceBergen Corporation, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Janssen Pharmaceutica, Inc., Lynn Webster, Arun Sharma, Abbott Laboratories, Anda, Inc., Does 1-100, Inclusive, PSS World Medical, Inc., Mallinckrodt PLC, Corvallis Internal Medicine, P.C., Cardinal Health 200, LLC, Mitt Larry Family Practice LLC, Frank D. Li, Keysource Medical, Inc., Amarc Medical Clinic, Express Scripts Holding Company, H. D. Smith Holdings, LLC, Richie Enterprises, L.L.C., J M Smith Corporation, Navitus Health Solutions, LLC, CaremarkPCS Health, L.L.C., Amneal Pharmaceuticals of New York, LLC, Bellco Drug Corp., Ernest Claybon, Medicine Center Pharmacy, Stuart Rosenblum, Cedardale Distributors LLC, HealthMart Systems, Inc., Stuart M. Rosenblum, M.D., LLC, AmerisourceBergen Drug Corporation, Comprehensive Pain Specialists, LLC, Family Drug Mart LLC, Amerisourcebergen Services Corporation, Pacific Medical Evaluation and Review Company, Rhodes Pharmaceuticals, L.P., Insys Manufacturing LLC, Masters Pharmaceutical, LLC, Linden Care LLC, Harvard Drug Group, L.L.C., Winnebago Tribe of Nebraska, Mission Pharmacal Company, Cardinal Health 105, Inc., M.D. PawanKumar Jain, West Virginia Board of Pharmacy, Parmed Pharmaceuticals, LLC, Richard Arthur Evans, Richie Pharmacal, Alabama CVS Pharmacy LLC, Attain Med, Inc., Advanced Pharma, Inc., Brittany Berkshire, Walmart, Inc., Steven Hefter, Kroger Company, The, Seattle Pain Center Medical Corporation, Omnicare Distribution Center LLC, Purdue Frederick Company, Cardinal Health 100 Inc, Purdue Products L.P., Collegium Pharmaceutical, Inc., Optum, Inc., John Does, Cardinal LeaderNET, West-Ward Pharmaceutical Corp., Prime Therapeutics, LLC, Watson Pharmaceuticals, Inc., H. D. Smith Holding Company, Advanced Pain Specialists, Inc., McKesson Medical-Surgical, Inc., Top Rx, LLC, Gazelle Craig, Ironshore Specialty Insurance Company, Endo International PLC, Jesse Bobb, Allegiance Corporation, Noramco, Inc., SAJ Distributors, Joel E. Barrett, Jr., Malika Aryanpure, Neos Therapeutics Brands LLC, Chip RX, LLC, Toprx, LLC, H.D. Smith Wholesale Drug Co., County Commission of Clay County, Abbott Laboratories, Inc., Mallinckrodt LLC, Christopher Creighton, Henry Schein, Inc., Certain Underwriters at Lloyd's London, Navitus Holdings, LLC, Randall Brewer, CaremarkPCS, L.L.C., Elevate Provider Network, Wal-Mart Stores East, LP, Julie Ann Demille, Glenn M. Fields, Gallant Internal Medicine, P.C., Caremark Rx, L.L.C., Rite Aid of Maryland, Inc., Cardinal Health 112, LLC, Marv Kelly, Oregon TLC, S-Corporation, Oregon TLC, LLC, OptumRX, Inc., David Devido, Wal-Mart, Inc., ICU Medical Inc., James Coomer, William P. Gaspar, CVS Health Corporation, KVK-Tech, Inc., Impax Laboratories, Inc., Knoll Pharmaceutical Company, James T Barnett, Jr., SpecGX LLC, Associated Pharmacies Inc, Walgreens Boots Alliance Inc., Generics Bidco I, LLC, George W. Chapman, III, Qualitest Pharmaceuticals, Inc., Depomed, Inc., City of Vernon, Alabama, Claude Holt, Jr., Par Pharmaceutical Companies, Inc., Karin Sharma, Allergan Sales, LLC, Rite Aid Corporation, Anda Pharmaceuticals, Inc., Mallinckrodt Brand Pharmaceuticals, Inc, Richard Johns, Physicians Total Care Inc, Thrifty Payless, Inc., Bloodworth Wholesale Drugs, Inc., Actavis plc, Kevin L. Foster, Harold Anthony Cofer, Jr., Elsa Marie Neace, Abbvie Inc., AccessHealth, Express Scripts Inc., Caremark, L.L.C., Paul Medeiros, Henry Schein Medical Systems, Inc., Cardinal Health Pharmacy Services, LLC, Craig Landau, Prescription Supply Inc, Miami-Luken, Inc., Masters Pharmaceutical, Inc., DIT Healthcare Distribution, Inc., Cardinal Health 110, LLC, Costco Wholesale Corporation, Par Pharmaceutical, Inc., Samantha Beaver, Cardinal Health 108, LLC, Fusion Wellness Clinic, Auburn Pharmaceuticals, Fresenius USA Manufacturing, Inc., Fred's Stores of Tennessee, Inc., Lloyd E. McNear, CVS Pharmacy Inc., Joe Gay, Jr., Pd-Rx Pharmaceuticals Inc, Michael White, UnitedHealth Group Incorporated, Teva Pharmaceutical Industries Ltd., Roy Blackburn, James Gallant, Cardinal Health 414, LLC, Illinois Union Insurance Company, Fresenius Kabi USA, Wilkinson Family Pharmacy, LLC, Morris & Dickson Co LLC, PPPFD Inc., Mark Timothy Radcliffe, Pro Se Julie Ann DeMille, Amneal Pharmaceuticals LLC, Town of Templeton, Massachusetts, Michael Babich, Continuumcare Pharmacy LLC, Spoon Drugs, Inc., Michael B. Bruehl, Rite Aid of New York, Inc., William McMahon, Economy Discount Pharmacy, Medical Park Pharmacy LTC, Inc., Estate of Raymond Sackler, Estate of Mortimer Sackler, Impax Generics, Couch Pharmacy on Sheridan, Magna Pharmaceuticals, Inc., Langsam Health Services, LLC, Deca Health, Inc., Pharmacy Buying Association, Zydus Pharmaceuticals (USA), Inc., Rite Aid Corporation of New York, Inc., Economy Pharmacy, Inc., Tamerlane Rozsa, Advantage Logistics, City Drug of Coweta, Inc., Safe RX Pharmacies, Inc., Ernie's Pharmacy & Wellness Center, Inc., Christopher Moses, UCB Inc., Frank H. Bynes, Jr, Comprehensive Centers for Pain Management, City Drug Co., Douglas J. Jorgensen, Cross Lanes Family Pharmacy, Inc., Joseph Rowan, Genetco, Inc., Karen Hill, P.F. Laboratories, Inc., Freeland Brown Pharmacy, Rhodes Technologies, Inc., Paul Madison, Lupin Pharmaceuticals, Inc., Smith Drug Company, Alyssa Noble, West Virginia CVS Pharmacy, L.L.C., Louisiana Wholesale Drug Company, Inc., Gaddy Discount Drug, Inc., Edge Pharmacy, Georgia CVS Pharmacy, LLC, Reasor's LLC, Olympia Pharmacy, CVS Orlando, Florida Distribution, LLC, American Sales Co, LLC, Omnicare, Inc., Cityplex Pharmacy, Smith's Food & Drug Centers, Inc., Walgreen Co., PASTM, Inc., Ibem R. Borges, M.D., John N. Kapoor, Carefirst Pharmacy, H. D. Smith, LLC, Xanodyne Pharmaceuticals, Inc., Rite Aid of Maine, Inc., Walgreen Arizona Drug Co., John Gayden, M.D., Med-Econ Drug, Inc., Alvogen Inc., Paul C Madison, M.D., GCP Pharma LLC, Rogers Drug Co., Inc., Rite Aid of Massachusetts Inc., Allergan USA, Inc., Joseph Giacchino, Purdue Pharma Manufacturing, Inc., Beewell Pharmacy, Inc., McCloud Family Pharmacy, Inc., Rite Aid of Georgia, Inc., Pembroke Pharmacy, Inc., Willie C. Conley, Jr., Mark E. Cieniawski, Midwest Pain Clinic Interventional, LLC, Tris Pharma, Inc., Med-X Corporation, Rite Aid of West Virginia, Inc., Getman Apothecary Shoppe, Inc., Pharmaceutical Industries, LTD, Roger Kinney, Amneal Pharmaceuticals, LLC, Dr. Richard Sackler, MRNB, Inc., Albertsons Companies, Inc., Pippenger Pharmacies LLC, American Pain Foundation, Inc., CVS Vero, Florida Distribution, LLC, Rite Aid of Michigan, Inc., Dakota Drug, Inc., Amneal Pharmaceuticals, Inc., American Geriatric Society, Patricia Josephine Green, Joseph Knight, Albertson's LLC, Endo Generics Holding, Inc., Alec Burlakoff, T&J Enterprises, Inc., Value Drug Company, American Chronic Pain Association, Inc., Dr. Victor Thiagaraj Selvaraj, Mercy Clinic East Communities, KPH Healthcare Services, Inc., Economy Pharmacy Express, American Academy of Pain Medicine, Inc., M & D Star Drug, Inc., Curtis V. Cooper Primary Health Care, Inc., Oklahoma CVS Pharmacy, LLC, American Pain Society, Inc., Joshua Livingston, Teva Biopharmaceuticals USA, Inc., Narendra Nagareddy, Toledo Pain Services, PLL, Demetrios V. Polites, D.O., Judy Lewent, Paulo Costa, Johnathan Sackler, Mark Timmey, Kathe Sackler, City of Pineville, Louisiana, Theresa Sackler, Fathalla Mashali, David Sackler, Ilene Sackler Lefcourt, Cecil Pickett, Beverly Sackler, Ralph Snyderman, Mortimer D.A. Sackler, Indivior PLC, Sandoz, Inc., Charles River Medical Associates, Hikma Pharmaceuticals PLC, Paula Enyeart, Jane H. Joiner, M.D., PawanKumar Jain, Quest Pharmaceuticals, Inc., Michael Miller, Leann Martinez, Mylan Pharmaceuticals, Inc., Jane H. Joiner, M.D., P.C., Publix Supermarkets, Inc., Brandon Worley, Ace Clinique of Medicine, LLC., Recovery Center, LLC, Distributor Defendants' Liaison Counsel, Pharmacy Defendants' Liaison Counsel, Manufacturer Defendants' Liaison Counsel, Jose Ferrari, Inc., Drugs Unlimited, Inc., Unither Manufacturing LLC, Ethex Corporation, Luis Garraton, LLC, Kremers Urban Pharmaceuticals, Inc., Sun Pharmaceutical Industries, Inc., Cesar Castillo, Inc., FMC Distributors, Inc., Drogueria Betances, Hospira, Inc., JM Blanco, Inc., Axiscare Health Logistics, Inc., Eckerd Corporation, John Stewart, Russell Gasdia, Frank Boer, Mark Timney, Indivior, Inc., Longs Drugs, Incorporated, Rhodes Technology, Inc., Schnuck Markets, Inc., Valley Wholesale Drug Company, Inc., Hikma Pharmaceuticals USA Inc., Winn-Dixie Stores, Inc., Trust for the Benefit of Members of the Raymond Sackler Family, Meijer, Inc., Rhodes Pharmaceuticals, Inc., Harrison County, Mississippi, Harco, Inc., McQueary Brothers Drug Company, LLC, DIK Drug Company, Rhodes Technology, Ahold Delhaize USA, Inc., Mylan Institutional, Inc., Omnicare of New York, LLC, Burlington Drug Company, Coram Healthcare Corporation of Greater NewYork, McKesson Specialty Care Distribution Corporation, McKesson Specialty Distribution, LLC, Dau Tran, City of Flint, All for Jen LLC, Kentucky CVS Pharmacy, LLC, County of Santa Barbara, Jefferson County, Tennessee, Blount County, Tennessee, Heard County, Georgia, Insys Pharma, Inc., North Carolina Wholesale Drug Company, Kerr Drug, Inc., Par Pharmaceutical Holdings, Inc., Louisiana CVS Pharmacy, L.L.C., Actavis Elizabeth LLC, Walgreen Louisiana Co., Inc., Actavis South Atlantic LLC, Forest Laboratories, LLC, Actavis Mid Atlantic LLC, EDC Drug Stores, Actavis Laboratories FL, Inc., Mylan N.V., Wal-Mart Stores Texas, LLC, K & B Louisiana Corporation, Medisca, Inc., Actavis Totowa LLC, Novartis AG, Watson Pharma, Inc., Actavis Laboratories UT, Inc., Warner Chilcott Company, LLC, Actavis Kadian LLC, Kaiser Foundation Health Plan of the Northwest, Fred Meyer Stores, Inc., Target Corporation, White Drug 61, Safeway Inc., Mylan Pharms, Inc., Thrifty White Warehouse, Kaiser Foundation Hospitals, Bi-Mart Corporation, Kaiser Foundation Health Plan, New Albertsons L.P., Murfreesboro Pharmaceutical Nursing Supply, Inc., Mylan Specialty, L.P., HEB Grocery Company, LP, United Pharmacy, SuperValu, Inc., Drug Store Clinic and Pharmacy, East Main Street Pharmacy, Rochester Drug Corp Inc., Highland Park CVS, LLC, Custom Script Pharmacy, Home Care Pharmacy, LLC, Neurman Drug Co., Inc., Discount Emporium, Inc., The Pharmacy, Inc., CMC Pharmacy, LLC, Lincoln County Primary Care Center, Inc.,, Blenheim Pharmacal Inc., OptumRx Administrative Services, LLC, Walgreen Pharmacy, Good Family Pharmacy, Inc., Cabin Creek Health Systems, Inc., Fairfield Pharmacy, Inc., HEB Pharmacy, Weis Markets, Inc., Drug Store Pharmacy, Loop Plaza Pharmacy, Co.,, Giant Food Stores, LLC, City Center Pharmacy, Inc., River City Pharma, Woodward Detroit CVS, LLC., A+ Pharmacy & Home Medical Equipment, American Medical Distributors, Inc., International GmbH, Medical Arts Supply, Inc., K Mart Pharmacy, K Mart Corporation, Bioscrip Infusion Services, Inc., PharmaOne, Kroger Pharmacy, New Jersey CVS Pharmacy, LLC, ESI Mail Pharmacy Service, Inc., Select Specialty Hospital, Clendenin Pharmacy, Inc., Highland Behavioral Health Services, Inc., Caremark Texas Mail Pharmacy, LLC, Meds 2 Go Express Pharmacy, Inc.,, Darby Group Companies, Inc., RX@Home, LLC, Mylan Bertek Pharmaceuticals, Inc., Hook-Superx LLC, Highlawn Preferred Pharmacy LLC, Target Stores, Inc., Kines Family Pharmacy, Inc., Alum Creek Pharmacy, Inc., Eveready Wholesale Drugs Ltd, Kinray, Inc., Sunrise Lee, Rochester Drug Co-Operative, Inc., Associated Pharmacies, Inc., Janssen Pharmaceutica, Inc. n/k/a Janssen Pharmaceuticals, Inc., Teva Pharmaceuticals, USA, Inc., ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC. N/K/A/ JANSSEN PHARMACEUTICALS INC., The Purdue Frederick Company, Endo Pharmaceuticals Inc., Purdue Pharma, Inc., PAR PHARMACEUTICAL COMPAINES, INC, PURDUE PHARMA, L.P., INSYS THERAPEUTIC, INC., Insource, Inc., Kathryn McConnaughey, Pharma Consultants KC, LLC, Barr Laboratories, Inc., Donald Leathers, Insys Therapeutics, Inc, University of Kansas Hospital Authority, Mid-America Physiatrists, P.A., Gregory Buhler, General Injectables & Vaccines, Inc., Steven Simon, City of Memphis, Pharmaceutical Research Associates, Inc., Bellco Health Corp., Winona County, Shelli Liston, Just In Time Meds, LLC, Lori Fuller, Rodney Davis, Janssen Pharmaceutica, Inc., n/k/a Janssen Pharmaceuticals, Inc., Ortho McNeil Janssen Pharmaceuticals Inc, H.D. Smith Holdings, LLC, Prescription Supply, Inc., ENDO PHARMACEUTIALS INC., CVS Indiana, LLC, Actavis Laboratories FL, Inc., f/k/a Watson Laboratories, Inc.-Florida, Actavis Laboratories UT, Inc., f/k/a Watson Laboratories, Inc.-Salt Lake City, Par Pharmaceutical, Miami Luken, Inc., PAR PHARMACEUTICAL COMPANIES, INC. F/K/A PAR PHARMACEUTICAL HOLDINGS, INC., ENDO HEALTH SOLUTIONS INC.;, Walmart Inc., Teva Pharmaceutical Industries, Ltd., Rite Aid of Maryland, Inc., d/b/a Rite Aid Mid-Atlantic Customer Support Center, Inc., Health Mart Systems, Inc., Walgreen Eastern Co., Actavis Kadian, LLC, WATSON LABORATORIES, INC.;, Actavis Totowa, LLC, H.D. Smith Holding Company, Mylan Technologies, Inc., Winn-Dixie Logistics, Inc., Mylan, Inc, Hieu Tu Le, Donald Dillinger, NW Green Medical, PLLC, StatCare, Inc. P.S., Doctors Osteopathic Care, P.S., Inc., NW Green Wellness, PLLC, Delbert Whetstone, Hy-Vee, Inc., Walgreen of Puerto Rico, Inc., Kevin Crane, Michael Friedman, Dr. David J. Hadox, Dr. Paul Goldenheim, Jim Harper, Jeffrey Carren, Ronald F. McBride, Sevan Pharmacy, LLC, Delmar Primary Care Associates, LLC, Cape Girardeau County, PLP Associates Holdings L.P., Rosebay Medical Company, Inc., BR Holdings Associates Inc., BR Holdings Associates L.P., Actavis Laboratories NY, Inc., Beacon Company, Mallinckrodt Enterprises LLC, Mallinckrodt Enterprises Holdings, Inc., Rosebay Medical Company L.P., Medicap Pharmacies, Inc., MD William Valuck, Harvey Jenkins, Stat Rx LLC, Sandoz International GMBH, VistaPharm, Inc., Patterson Logistics Services, Inc., Patterson Veterinary Supply Inc., Manufacturer Defendants, Lake County, Florida, Cardinal Health 122, LLC, Cardinal Health 132, LLC, Patient First Corporation, M.D. Dannie E. Williams, Cardinal Health 5, LLC, Apotex Corp., Christopher Clough, Dr. Eric L. Knight, Michael P. Dipre, Certain Manufacturer Defendants, Greg Thompson, Mark Weinreb, Noven Pharmaceuticals, Inc., Aveva Drug Delivery Systems, Inc., Ayman A. Jacobs, Neos Therapeutics Inc, Paddock Laboratories, Inc., Happiness Aguzie, Tormarco Harris, UnitedHealthcare of Texas, Inc., Alpharma Pharmaceuticals LLC, William Tham, M.D., Medco Health Solutions of Texas LLC, Starlife Wellness Center LLC, Anoka LLC, Minnie Ndem, Nesher Pharmaceuticals (USA) LLC, Curascript Infusion Pharmacy, Inc., Kofi Shaw-Taylor, PLP Associates Holdings Inc., Meadow Valley Pharmacy, Maryland Healing Waters, LLC, CuraScript Inc, NexGen, Physical Medicine and Pain Management Associates, P.C., Aidapak Services, LLC, Alpharma Pharmaceuticals, Inc., Concetta R. Otori-Ahmadpour, Reagan Nichols, Zogenix, Inc., Lawrence Vidaver, M.D., Dailymed, ICU Medical Sales Inc., Perrigo Company, PLC, Fairfax County Board Of Supervisors, Tasmanian Alkaloids Pty LTD, Koninklijke Ahold Dehaize N.V., Baxter Healthcare Corporation, Theodore E. Okechuku, The Pain Center USA, PLLC, Rhodes Technologies, Nicolas Pardon, Richard Andrews, Interventional Pain Center, PLLC, Shoprite Supermarkets, Wakefern Food Corporation, Gilberto Sanchez, M.D., Inc., Brookshire Brothers, L.C., Pharmaceutical Research Associates L.P., KV Pharmaceutical Company, Brookshire Brothers, Inc., NuCare Pharmaceuticals, Inc., Shepherd A. Odom, M.D., P.C., Wal-Mart Stores East, Inc., Rite Aid of Ohio, Inc., Morton Grove Pharmaceuticals, Inc., Primary Care Clinic of Ripley, P.A., Hi-Tech Pharmacal Co., Inc., Hollis Discount Pharmacy, Inc., Akorn, Inc, Marshall Hollis, Charles Elliott, M.D., Cardinal Health 6 Inc., Assertio Therapeutics, Inc., Abbvie Products LLC, C&R Pharmacy, Mylan Laboratories, Inc., Lowell B. Grizzle, Cardinal Health Technologies LLC, Sharon Naylor, Steven A. Holper, M.D., Mark Trudeau, Holper Out-Patients Medical Center, Ltd, Richard M. Simon, Penn Veterinary Supply, P&S Pharmacy, Henry Babenco, Michael J. Gurry, Andrew T. Stokes, Kare' Schultz, Gregory Madron, Alicia Naylor, Steven A Holper, M.D., Professional Corporation, Puana Pain, LLC, Rudolph B. Puana, M.D., Michael M. Baylson, Officer Jeremy Thomas, Big Island Pain Center LLC, Staten Island University Hospital, Brookshire Brothers Holding, Inc, Norman B. Rosen, Duane Reade Inc., Rosen-Hoffberg Rehabilitation and Pain Management Associates, P.A., Cardinal Health 107, LLC, Cardinal Health 128, LLC, Howard J. Hoffberg, Cardinal Health 121, LLC, CVS Health Solutions, L.L.C., The North Carolina Mutual Wholesale Drug Company, Gurpreet Padda, Rite Aid of North Carolina, Inc., Kalchem International Inc, White Drug Enterprises, Inc., Total RX Services, Inc., Tom Longest, Jr, M.D., Peter Wisniewski, M.D., Walter Pearson, Bruce Medical Clinic, Pearson's Discount Drugs, LLC, Family Medical Care, All for Jen LLC doing business as Jefferson Family Pharmacy, J M Smith Corporation doing business as Smith Drug Company, Actavis PLS, Rite Aid of Maryland, Inc. doing business as Rite Aid of Mid-Atlantic Customer Support Center, Inc., Actavis Inc., Harco Drug, Inc., EDC Drug Stores, Inc., Wal-Mart Stores East, LP doing business as Wal-Mart Pharmacy Warehouse #46 doing business as Wal-Mart Pharmacy Warehouse, Seattle Pain Center Medical Corporation doing business as Seattle Pain Center, Smith's Food & Drug Centers, Inc. doing business as Peyton's Phoenix, Jaclyn P. Gatling, Nathan C. Grace, Novartis Pharmaceuticals Corporation, Pharmedium Services LLC, Dimensions Health Corporation, Pharmacy Corporation of America, Accokeek Drug and Health Care, Inc., Kaiser Foundation Health Plan of The Mid-Atlantic States, Inc., Maryland CVS Pharmacy, LLC, Bridgette Parker, Thomas Justin Palmer, Physicians Pain Specialists of Alabama, P.C., Dillon Companies, Mckinsey & Company, Inc., Abolghasem Rezaei, Paddock Laboratories, LLC, Lannett Company, Inc., Amerifit, Inc., Ligand Pharmaceuticals, Inc., Brookshire Grocery Company, Apothecary Holdings, Inc., Ray's Pharmacy, Inc., RLS Supermarkets LLC., Meijer Stores Limited Partnership, Sam's East, Inc., United Supermarkets LLC, Randall's Food & Drug LP, Sam's West, Inc., CVS Wellness Rediscovery LLC, Oakwood CVS, Inc., ProCare Pharmacy Direct, L.L.C., WSE Management, LLC, ProCare Pharmacy LLC, Harris Teeter, Inc., WSE Investment LLC, Omnicare Pharmacy of TX 1, LP, Meijer Distribution, Inc., The Kroger Co., Aurolife Pharma LLC, Omnicare of Milwaukee, Medpoint Pharmacy Inc, Swan Serv-U Pharmacy, Hayward Pharmacy Inc, Laabs Inc and Roeschen's Healthcare LLC
Petitioner: Paul Andrew Pyfer, David B. Gustin, Kenneth Mills, Robert K. Decker, Jason Hall, Jackie Brooks, Waltona Winchester, Salih, Mark Brown and Jerome Roberts
Respondent: Linda Singer and Cohen Milstein Sellers & Toll PLLC
3Rd Party Plaintiff: CVS RX Services, Inc., Kroger Limited Partnership I, HBC Service Company, Discount Drug Mart, Inc., Walgreen Eastern Co., Inc., CVS Indiana, L.L.C., Kroger Limited Partnership II, CVS Tennessee Distribution, LLC, Kroger Co., Giant Eagle, Inc., Rite Aid Headquarters Corporation, Ohio CVS Stores, LLC, Giant Eagle Inc. and CVS Pharmacy, Inc.
Interested Party: United States, U.S. Department of Justice, Drug Enforcement Administration, Webb County, TX, ZNAT Insurance Company, Zenith Insurance Company, City and County of San Mateo, Healthcare Distribution Alliance, Dave Yost Ohio Attorney General, City of Haverhill, Massachusetts, City of New London, Connecticut, City of New Haven, Connecticut, City of Middletown, Connecticut, City of Gloucester, Massachusetts, City of Trenton, New Jersey, City of Chicopee, Massachusetts, City of Jacksonville, Florida, County of Mercer, Pennsylvania, Township of Warminster, Pennsylvania, City of Cambridge, Massachusetts, Town of Canton, Massachusetts, Town of Lynnfield, Massachusetts, City of Portsmouth, Virginia, City of New Britain, Connecticut, Town of Windham, Connecticut, Town of Wallingford, Connecticut, City of Worcester, Massachusetts, City of Salem, Massachusetts, City of Paterson, New Jersey, Town of Enfield, Connecticut, City of Framingham, Massachusetts, Town of Randolph, Massachusetts, Town of Wakefield, Massachusetts, Town of Natick, Massachusetts, City of Springfield, Massachusetts, County of Bucks, Pennsylvania, Town of Wethersfield, Connecticut, City of Norwich, Connecticut and Township of Warrington, Pennsylvania
Intervenor: USA Today, Chicago Tribune Company, Los Angeles Times, Washington Post Company, LLC, HD Media Company, LLC, Reporters Committee for Freedom of the Press and HD Media Company, LLC doing business as Charleston Gazette-Mail doing business as Herald-Dispatch
Special Master: Francis McGovern, David Rosenblum Cohen and Cathy Yanni
3Rd Party Defendant: Jane Does, Pfizer Inc., King Pharmaceuticals, Inc., John and Jane Does, John and Jane Does 1-5000 and JOHN AND JANES DOES 1-5000
Counter Defendant: Scott County Indiana Board of Commissioners
Counter Claimant: Christopher C. Smith
Not Classified By Court: State of Ohio Board of Pharmacy
Amicus Curiae: Manatee Memorial Hospital, Allegiance Health Center of Ruston, Allegiance Specialty Hospital of Greenville, Bienville Medical Center, State of Rhode Island, State of North Carolina, Harrington Cancer Center, Lovelace Medical Center, Henderson Hospital, State of Iowa, State of Idaho, State of Montana, Tulsa Spine & Specialty Hospital, Allegiance Behavioral Health Center of Plainview, State of Nebraska, State of North Dakota, State of Ohio, Spring Valley Hospital Medical Center, State of Tennessee, Mississippi Hospital Association, Physicians Surgical Hospitals, Winn Parish Medical Center, Oakdale Community Hospital, State of Arizona, Eureka Springs Hospital, State of South Carolina, State of Connecticut, Hillcrest Hospital Henryetta, Hillcrest Hospital South, State of Michigan, Sabine Medical Center, Southwest - Inland Valley Medical Center, Lovelace Westside Hospital, Desert Springs Hospital, State of Deleware, State of Louisiana, Lovelace Medical Group, State of Illinois, Bailey Medical Center, River Valley Medical Center, State of Florida, Seton Medical Center Harker Heights, Lovelace Womens Hospital, Corona Regional Medical Center, State of Mississippi, State of Oregon, Utica Park Clinic, Hillcrest Medical Center, Allegiance Health Center of Monroe, State of Nevada, Temecula Valley Medical Center, State of Wyoming, Summerlin Hospital Medical Center, State of Hawaii, BSA Physicians, State of Maryland, State of Texas, State of Maine, State of New Mexico, State of New York, State of Arkansas, BSA Hospital, State of Pennsylvania, North Metro Medical Center, State of New Jersey, Hillcrest Hospital Cushing, Hillcrest Hospital Claremore, District of Columbia, State of Minnesota, Oklahoma Heart Institute, Centennial Hills Hospital Medical Center, George Washington Univeristy Hospital, State of Georgia, Lovelace Regional Hospital Roswell, Hillcrest Hospital Pryor, CLHG-Avoyelles d/b/a Avoyelles Hospital, State of Virginia, Heart Hospital of New Mexico at Lovelace Medical Center, Valley Hospital Medical Center, State of Washington, Northeastern University Center for Health Policy and Law, CLHG-Avoyelles, Christopher Stegawski, Organization of American Historians, American Medicine and Public Health Historians and Organization of American Historians, American Medicine and Public Health Historians, Mayor and City Council of Baltimore, Kenndy Forum, Kennedy Forum et al. and CLHG-Avoyelles doing business as Avoyelles Hospital
Case Number: 1:2017md02804
Filed: July 9, 2021
Court: US District Court for the Northern District of Ohio
Office: Cleveland Office
County: Cuyahoga
Presiding Judge: Dan Aaron Polster (MDL 2804)
Referring Judge: Dan Aaron Polster(MDL2804)
Nature of Suit: P.I.: Other
Cause of Action: 28 U.S.C. ยง 1446
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 20, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 20, 2021 Filing 4059 Objection to Certain Rulings on Deposition Designations and Exhibits by the Special Master filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Ohio CVS Stores, LLC. (Delinsky, Eric)
October 20, 2021 Filing 4058 Opposition to #4048 Motion in limine to Preclude Testimony From Nicole McCallion filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit A - Depo Transcript Excerpt)(Weinberger, Peter)
October 20, 2021 Filing 4057 Transcript of Jury Trial Proceedings [Volume 12, Pages 2986-3302] held on 10/20/2021 before Senior District Judge Dan Aaron Polster. To obtain a copy of this transcript please contact court reporter Lance Boardman at Lance_Boardman@ohnd.uscourts.gov and/or Donnalee Cotone at Donnalee_Cotone@ohnd.uscourts.gov [317 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/27/2021. Redaction Request due 11/10/2021. Redacted Transcript Deadline set for 11/22/2021. Release of Transcript Restriction set for 1/18/2022. (C,Do)
October 20, 2021 Filing 4056 Minutes of proceedings before Judge Dan Aaron Polster. Jury Trial held 10/20/21. Trial to resume 10/21/21 at 9:00 AM. (Court Reporter: Lance Boardman.)Time: 7.5 hrs. (P,R)
October 20, 2021 Filing 4055 Admitted Trial Exhibits (Attachments: Exhibits #1 P-07036, #2 P-07174, #3 P-07381, #4 P-07846, #5 P-07908, #6 P-07966, #7 P-08037, #8 P-08048, #9 P-08068, #10 P-08069, #11 P-08077, #12 P-08093, #13 P-08163, #14 P-20631, #15 P-20824, #16 P-20829, #17 P-20850, #18 P-20852, #19 P-21113, #20 P-41748) (P,R)
October 20, 2021 Filing 4054 Objection to Certain Rulings on Deposition Designations and Exhibits by the Special Master filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Ohio CVS Stores, LLC, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. (Attachments: #1 Exhibit A - Ashley Testimony Excerpt re Settlements, #2 Exhibit B - Ashley Testimony Excerpts re Holiday decision) (Delinsky, Eric)
October 20, 2021 Filing 4053 SEALED Motion in Limine to Exclude Certain Opinions by David Cutler #441 , #4052 filed by Defendant Walmart, Inc.. Related document(s) #441 , #4052 . (Attachments: #1 Exhibit A - David Cutler Track 3 Deposition Transcript, #2 Exhibit B - David Cutler Track 3 Supplemental Expert Report, #3 Exhibit C - Craig McCann Track 3 Expert Report)(Majoras, John)
October 20, 2021 Filing 4052 Motion for leave to file under seal Memorandum and Exhibits in Support of Motion in Limine to Exclude Certain Opinions of David Cutler filed by Defendant Walmart, Inc.. (Majoras, John)
October 19, 2021 Filing 4051 Opposition to #4039 Motion in limine To Preclude Testimony From Plaintiffs' Fact Witnesses About Prescription Opioids Being a "Gateway" To Other Drug Use filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit A - Caraway Transcript Excerpt at 37:10-12, #2 Exhibit B - Caraway Transcript Excerpt at 40:2-41:2, #3 Exhibit C - Fraser Transcript Excerpt at 34:8-11, #4 Exhibit D - Fraser Transcript Excerpt at 82:12-14)(Weinberger, Peter)
October 19, 2021 Filing 4050 Transcript of Jury Trial Proceedings [Volume 11, Pages 2701-2985] held on 10/19/2021 before Judge Dan Aaron Polster. To obtain a copy of this transcript please contact court reporter Lance Boardman at Lance_Boardman@ohnd.uscourts.gov and/or Donnalee Cotone at Donnalee_Cotone@ohnd.uscourts.gov [285 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/26/2021. Redaction Request due 11/9/2021. Redacted Transcript Deadline set for 11/19/2021. Release of Transcript Restriction set for 1/17/2022. (C,Do)
October 19, 2021 Filing 4049 Minutes of proceedings before Judge Dan Aaron Polster. Jury Trial held 10/19/21. Trial to resume 10/20/21 at 9:00 AM (Court Reporter: Lance Boardman) Time: 7.5 hrs. (P,R)
October 19, 2021 Filing 4048 Motion in limine to Preclude Testimony From Nicole McCallion filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Ohio CVS Stores, LLC. (Attachments: #1 Exhibit A)(Delinsky, Eric)
October 19, 2021 Opinion or Order Filing 4047 Order Regarding Testimony of Brad Nelson. Mr. Nelson ORDERED to testify via live video on Monday, October 25 at 9:00 AM. Judge Dan Aaron Polster on 10/19/21. (P,R)
October 19, 2021 Filing 4046 Admitted Trial Exhibits (Attachments: Exhibits #1 P-00058, #2 P-08182, #3 P-09065, #4 P-19720, #5 P-19724, #6 P-19827, #7 P-23857, #8 P-25660, #9 P-25761, #10 P-25879, #11 P-25892, #12 P-25900, #13 P-25959, #14 P-26319a, #15 P-26320a, #16 P-26322a) (P,R)
October 19, 2021 Filing 4045 Bench Brief Regarding Admissibility of Investigations About Which Captain Villanueva Has Personal Knowledge filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit A - Douglas Winland Criminal Case)(Weinberger, Peter)
October 18, 2021 Filing 4044 Motion in limine Exclude Further Evidence of the Holiday CVS Decision and CVS Settlements with DEA filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC. (Delinsky, Eric)
October 18, 2021 Filing 4043 Proposed Jury Instructions CORRECTED filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Giant Eagle, Inc., HBC Service Company, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Exhibit A - Defs.' Proposed Additional Instructions Relevant to "Unlawful Content", #2 Exhibit B - Defs.' Proposed Limiting Instruction on Settlements)(Delinsky, Eric)
October 18, 2021 Filing 4042 Proposed Jury Instructions filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Giant Eagle, Inc., HBC Service Company, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Exhibit A - Proposed Limiting Instruction on Settlements)(Delinsky, Eric)
October 18, 2021 Filing 4041 Transcript of Jury Trial held on October 18, 2021 before District Judge Dan Aaron Polster. To obtain a copy of this transcript please contact court reporter Lance A. Boardman at Lance_Boardman@ohnd.uscourts.gov or Donnalee Cotone at Donnalee_Cotone@ohnd.uscourts.gov. [Volume 10, pages 2403 - 2700] [298 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/25/2021. Redaction Request due 11/8/2021. Redacted Transcript Deadline set for 11/18/2021. Release of Transcript Restriction set for 1/17/2022. (G,He)
October 18, 2021 Filing 4040 Minutes of proceedings before Judge Dan Aaron Polster. Jury Trial held 10/18/21. Trial to resume 10/19/21 at 9:00 AM (Court Reporter: Lance Boardman.)Time: 7 hrs. (P,R)
October 18, 2021 Filing 4039 Motion in limine To Preclude Testimony From Plaintiffs' Fact Witnesses About Prescription Opioids Being a "Gateway" To Other Drug Use filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Ohio CVS Stores, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Delinsky, Eric)
October 18, 2021 Filing 4038 Opposition to #4035 Motion for Sanctions Against Walmart for Failing to Comply with Discovery Obligations filed by Walmart, Inc.. (Majoras, John)
October 18, 2021 Opinion or Order Filing 4037 Order Regarding #4033 McKinsey's Motion to vacate. Motion denied, but request for briefing schedule granted. McKinsey's motion and memorandum due 10/25/21, responses due 11/8/21, reply due 11/15/21. Judge Dan Aaron Polster on 10/18/21.(P,R)
October 18, 2021 Filing 4036 Admitted Trial Exhibits (Attachments: Exhibits #1 P-20808, #2 P-24017, #3 P-26321, #4 P-20811, #5 P-20810, #6 P-15314, #7 P-24039, #8 P-15068, #9 P-15085, #10 P-24019, #11 P-24022) (P,R)
October 18, 2021 Filing 4035 Motion for Sanctions Against Walmart for Failing to Comply with Discovery Obligations filed by Plaintiff Plaintiffs Liaison Counsel. (Weinberger, Peter)
October 17, 2021 Filing 4034 Motion for Leave to File Plaintiffs' Motion for Sanctions Against Walmart for Failing to Comply with Discovery Obligations Under Seal filed by Plaintiff Plaintiffs Liaison Counsel. (Weinberger, Peter)
October 15, 2021 Filing 4033 Motion to vacate Motion to Vacate Order on Plaintiffs Motion to Modify Protective Order and Amended Case Management Order No. 2 and Set Briefing Schedule on Plaintiffs Motion filed by Defendant Mckinsey & Company, Inc.. (Baker, Amanda)
October 15, 2021 Filing 4032 Transcript of Jury Trial held on Ocober 15, 2021 before District Judge Dan Aaron Polster. To obtain a copy of this transcript please contact court reporter Susan Trischan at Susan_Trischan@ohnd.uscourts.gov. [Volume 9, pages 2195 - 2402 [208 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/22/2021. Redaction Request due 11/5/2021. Redacted Transcript Deadline set for 11/15/2021. Release of Transcript Restriction set for 1/13/2022. (G,He)
October 15, 2021 Filing 4031 Minutes of proceedings before Judge Dan Aaron Polster. Jury Trial held 10/15/21. Trial to resume 10/18/21 at 9:00 AM. (Court Reporter: Sue Trischan.)Time: 5 hrs. (P,R)
October 15, 2021 Opinion or Order Filing 4030 Order Regarding Fee Panel, Fund Administrator, and Assistants. Judge Dan Aaron Polster on 10/15/21. (P,R)
October 15, 2021 Filing 4029 Admitted Trial Exhibits (Attachments: Exhibits - #1 CVS 2847, #2 Def 498, #3 Def 507, #4 Def 1096, #5 Def 1107, #6 Def 1226, #7 Def 1487, #8 Def 10863, #9 Def 11274_1-3, #10 Def 11427_2, #11 Def 11433_1, #12 Def 1143_2, #13 Def 11598, #14 Def 11599, #15 P-15, #16 P-35, #17 P-36, #18 P-9546, #19 P-14711_2011, #20 P-14750, #21 P-15604_2006, #22 P-15962a, #23 P-17230a_1_149, #24 P-17230a_1_442, #25 P-17230_1_690, #26 P-17322a, #27 P-20695, #28 P-21572, #29 P-25984, #30 P-26403, #31 P-42147a, #32 WMT-1343_241, #33 WMT-1343_501) (P,R)
October 15, 2021 Filing 4028 Amended Case Management Order No. 2 - Protective Order. Judge Dan Aaron Polster on 10/15/21. (P,R)
October 15, 2021 Filing 4027 Motion in limine to Exclude any Reference to Judicial Opinions from Non-Opioid Cases Discussing Dr. Craig McCann filed by Plaintiff Plaintiffs Liaison Counsel. (Weinberger, Peter)
October 15, 2021 Opinion or Order Order [non-document] regarding Plaintiffs' Motion to Modify Protective Order (Related Doc #4024 ). Motion granted, amended protective order will issue separately. Judge Dan Aaron Polster on 10/15/21.(P,R)
October 14, 2021 Filing 4026 Transcript of Jury Trial held on October 14, 2021 before District Judge Dan Aaron Polster. To obtain a copy of this transcript please contact court reporter Susan Trischan at Susan_Trischan@ohnd.uscourts.gov. [Volume 8, pages 1924 - 2194] [271 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/21/2021. Redaction Request due 11/4/2021. Redacted Transcript Deadline set for 11/15/2021. Release of Transcript Restriction set for 1/12/2022. (G,He)
October 14, 2021 Filing 4025 Minutes of proceedings before Judge Dan Aaron Polster. Jury Trial 10/14/21. Trial to resume 7/15/21 at 9:00 AM (Court Reporter: Sue Trischan.)Time: 7 hrs. (P,R)
October 14, 2021 Filing 4024 Motion to Modify Protective Order filed by Plaintiff Plaintiffs Executive Committee. (Attachments: #1 Exhibit Proposed Order, #2 Exhibit A - Joint Status Conference Submission, #3 Exhibit B - PT Order 2 - Appointing Lead Counsel and PSC, #4 Exhibit C PT Order 4 - Protective Order)(Weinberger, Peter)
October 13, 2021 Filing 4023 Transcript of Jury Trial held on October 13, 2021 before District Judge Dan Aaron Polster. To obtain a copy of this transcript please contact court reporter Susan Trischan at Susan_Trischan@ohnd.uscourts.gov. [Volume 7, pages 1619 - 1923] [305 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/20/2021. Redaction Request due 11/3/2021. Redacted Transcript Deadline set for 11/15/2021. Release of Transcript Restriction set for 1/11/2022. (G,He)
October 13, 2021 Filing 4022 Minutes of proceedings before Judge Dan Aaron Polster. Jury Trial held 10/13/21. Trial to resume 10/14/21 at 9:00 AM (Court Reporter: Sue Trischan.)Time: 7.5 hrs. (P,R)
October 13, 2021 Filing 4021 Objection to Certain Rulings on Deposition Designations and Exhibits by the Special Master filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Ohio CVS Stores, LLC. (Attachments: #1 Exhibit A - CVS-MDLT1-000034175, #2 Exhibit B - CVS-MDLT1-000034172, #3 Exhibit C - Testimony Excerpts from CVS 30(b)(6) Witness, #4 Exhibit D - Testimony Excerpts from Mortelliti, #5 Exhibit E - Testimony Excerpts from CVS 30(b)(6) Witness, #6 Exhibit F - Testimony Excerpts from Mortelliti) (Delinsky, Eric)
October 13, 2021 Filing 4019 Bench Brief Regarding Admissibility of Exhibit P-15962 filed by Plaintiffs. (Weinberger, Peter)
October 12, 2021 Filing 4020 Minutes of proceedings before Judge Dan Aaron Polster. Jury Trial held 10/12/21. Trial to resume 10/13/21 at 9:00 AM (Court Reporter: Sue Trischan.)Time: 7.5 hrs. (P,R)
October 12, 2021 Filing 4018 Answer to Plaintiff Cobb Countys Supplemental and Amended Allegations to be Added to Short Form for Supplementing Complaint and Amending Defendants and Jury Demand filed by Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. Related document(s) #3736 , #3787 . (Stoffelmayr, Kaspar)
October 12, 2021 Filing 4017 Transcript of Jury Trial held on October 12, 2021 before District Judge Dan Aaron Polster. To obtain a copy of this transcript please contact court reporter Susan Trischan at Susan_Trischan@ohnd.uscourts.gov. [Volume 6, pages 1314 - 1618] [305 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/19/2021. Redaction Request due 11/2/2021. Redacted Transcript Deadline set for 11/12/2021. Release of Transcript Restriction set for 1/10/2022. (G,He)
October 12, 2021 Filing 4016 Answer and Affirmative Defenses to Cobb County's Supplemental and Amended Allegations to be added to "Short Form for Supplementing Complaint and Amending Defendants and Jury Demand" filed by Eckerd Corporation, Rite Aid Headquarters Corporation, Rite Aid of Georgia, Inc., Rite Aid of Maryland, Inc.. Related document(s) #3736 , #3787 . (Moore, Kelly)
October 12, 2021 Filing 4015 Answer and Affirmative Defenses to Cobb County's Supplemental and Amended Allegations to be Added to Short Form for Supplementing Complaint and Amending Defendants filed by Walmart, Inc.. Related document(s) #3736 , #3787 .(Fumerton, Tara)
October 12, 2021 Filing 4014 Answer And Affirmative Defenses To Cobb County's Supplemental And Amended Allegations To Be Added To "Short Form For Supplementing Complaint And Amending Defendants And Jury Demand" filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Georgia CVS Pharmacy, LLC. Related document(s) #3736 . (Delinsky, Eric)
October 12, 2021 Filing 4013 Answer to Supplemental and Amended Complaint with Jury Demand filed by The Kroger Co., Kroger Limited Partnership I, Kroger Limited Partnership II. (Harvey, Ronda)
October 12, 2021 Filing 4012 Opposition to #4011 Motion in limine to Limit Testimony of Joseph Rannazzisi on Walgreens-Specific Issues , #4010 Motion in limine to Limit the Testimony of Joseph Rannazzisi on CVS-Specific Issues and to Exclude Related Exhibit filed by Plaintiffs Liaison Counsel. (Weinberger, Peter)
October 11, 2021 Filing 4011 Motion in limine to Limit Testimony of Joseph Rannazzisi on Walgreens-Specific Issues filed by Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. (Attachments: #1 Exhibit A - Deposition Transcript)(Stoffelmayr, Kaspar)
October 11, 2021 Filing 4010 Motion in limine to Limit the Testimony of Joseph Rannazzisi on CVS-Specific Issues and to Exclude Related Exhibit filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Ohio CVS Stores, LLC. (Attachments: #1 Exhibit A to E)(Delinsky, Eric)
October 11, 2021 Filing 4009 Reply in support of #3906 Motion to dismiss for failure to state a claim filed by Publix Supermarkets, Inc.. (Chernack, Gregory)
October 8, 2021 Filing 4008 Transcript of Jury Trial held on October 8, 2021 before Judge Dan Aaron Polster. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at Susan Trischan at susan_trischan@ohnd.uscourts.gov and Shirle Perkins at shirle_perkins@ohnd.uscourts.gov. [(Volume 5 - Pp. 1093-1313) 221 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/15/2021. Redaction Request due 10/29/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/6/2022. (P,Sh)
October 8, 2021 Filing 4007 Minutes of proceedings before Judge Dan Aaron Polster. Jury Trial held 10/8/21. Trial to resume 10/12/21 at 9:00 AM (Court Reporter: Sue Trischan.)Time: 5 hrs. (P,R)
October 7, 2021 Filing 4006 Minutes of proceedings before Judge Dan Aaron Polster. Jury Trial held on 10/7/21. Trial to resume 10/8/21 at 9:00 AM (Court Reporter: Sue Trischan.)Time: 7.5 hrs. (P,R)
October 7, 2021 Filing 4005 Transcript of Jury Trial held on October 7, 2021 before Judge Dan Aaron Polster. To obtain a bound copy of this transcript please contact court reporter Susan Trischan at susan_trischan@ohnd.uscourts.gov and Shirle Perkins at shirle_perkins@ohnd.uscourts.gov. [(Volume 4 - Pp. 748-1092) 345 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/14/2021. Redaction Request due 10/28/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/5/2022. (P,Sh)
October 7, 2021 Filing 4004 Stipulated Dismissal Order as to McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation Pursuant to Settlement Agreement (Related Doc #3996 ). Judge Dan Aaron Polster on 10/7/21.(P,R)
October 7, 2021 Filing 4003 Declaration of Linda Singer filed by Plaintiffs Liaison Counsel. Related document(s) #4001 .(Weinberger, Peter)
October 7, 2021 Filing 4002 Minutes of proceedings before Judge Dan Aaron Polster.Jury Trial held 10/6/21. Testimony taken. Trial to resume 10/7/21 at 9:00 AM (Court Reporter: Sue Trischan.)Time: 7.5 hrs. (P,R)
October 6, 2021 Filing 4001 Emergency Motion to Videotape Trial Testimony of DEA Witness Joseph Rannazzisi to Preserve it for Potential Use at Future Opioids Trials filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Weinberger, Peter) (P,R).
October 6, 2021 Filing 4000 Transcript of Jury Trial held on October 6, 2021 before Judge Dan Aaron Polster. To obtain a bound copy of this transcript please contact court reporter Susan Trischan at susan_trischan@usdoj.gov or Shirle Perkins shirle_perkins@ohnd.uscourts.gov. [(Volume 3 - Pp. 455-747) 293 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/13/2021. Redaction Request due 10/27/2021. Redacted Transcript Deadline set for 11/8/2021. Release of Transcript Restriction set for 1/4/2022. (P,Sh)
October 5, 2021 Filing 3999 Exhibit and Witness List 10/5/21 (Attachments: Admitted Plaintiffs' Exhibits # 23318, # 23267, # 10214, # 10213, # 10212, # 8955, # 8954, # 8494, # 8480, # 8442) (P,R)
October 5, 2021 Filing 3998 Minutes of proceedings before Judge Dan Aaron Polster.Jury Trial held 10/5/21. Testimony taken, exhibits admitted. Trial to resume 10/6/21 at 9:00 AM (Court Reporter: Sue Trischan.)Time: 7.5 hrs. (P,R)
October 5, 2021 Filing 3997 Third party complaint against John and Jane Does 1-5000, JOHN AND JANE DOES 1-5000. Filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Kroger Co., Kroger Limited Partnership I, Kroger Limited Partnership II, Meijer Distribution, Inc., Meijer Stores Limited Partnership, Meijer, Inc., Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc.. (Vanek, Joseph)
October 5, 2021 Filing 3996 Joint Motion for Stipulated Dismissal Order as to McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation Pursuant to Settlement Agreement filed by MDL Notice Only Plaintiff Counsel. (Attachments: #1 Proposed Order Proposed Stipulated Dismissal Order as to McKesson Corporation, Cardinal Health, Inc., and AmerisourceBergen Corporation Pursuant to Settlement Agreement)(Mougey, Peter)
October 5, 2021 Filing 3995 Transcript of Jury Trial held on October 5, 2021 before Judge Dan Aaron Polster. To obtain a bound copy of this transcript please contact court reporter Susan Trischan at susan_trischan@ohnd.uscourts.gov or Shirle Perkins at shirle_perkins@ohnd.uscourts.gov. [(Volume 2 - Pp. 180-454) 275 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/12/2021. Redaction Request due 10/26/2021. Redacted Transcript Deadline set for 11/5/2021. Release of Transcript Restriction set for 1/3/2022. (P,Sh)
October 5, 2021 Filing 3994 Transfer Order by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
October 4, 2021 Filing 3993 Minutes of proceedings before Judge Dan Aaron Polster. Jury Trial held on 10/4/2021. Opening statements of counsel began. (Court Reporter: Sue Trischan.)Time: 4.5 hrs. (P,R)
October 4, 2021 Filing 3992 Transcript of Pretrial held on October 4, 2021 before Special Master David Cohen. To obtain a bound copy of this transcript please contact court reporter Susan Trischan at susan_trischan@ohnd.uscourts.gov or Shirle Perkins at shirle_perkins@ohnd.uscourts.gov. [41 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/11/2021. Redaction Request due 10/25/2021. Redacted Transcript Deadline set for 11/4/2021. Release of Transcript Restriction set for 1/3/2022. (P,Sh)
October 4, 2021 Filing 3991 Transcript of Jury Trial held on October 4, 2021 before Judge Dan Aaron Polster. To obtain a bound copy of this transcript please contact court reporter Susan Trischan at susan_trischan@ohnd.uscourts.gov or Shirle Perkins at shirle_perkins@ohnd.uscourts.gov. [Volume 1, 179 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/11/2021. Redaction Request due 10/25/2021. Redacted Transcript Deadline set for 11/4/2021. Release of Transcript Restriction set for 1/3/2022. (P,Sh)
October 1, 2021 Filing 3990 Corrected Order regarding Admissibility of Prior Settlement Agreements. Related documents #3972 , #3973 , #3974 . Judge Dan Aaron Polster on 10/1/2021. (W,CM)
October 1, 2021 Opinion or Order Filing 3989 Order regarding Admissibility of Prior Settlement Agreements. Judge Dan Aaron Polster on 10/1/2021. (W,CM)
October 1, 2021 Opinion or Order Filing 3988 Evidentiary Order regarding parties' preservation motions in limine. Signed by Judge Dan Aaron Polster on 10/1/21. (W,CM)
September 30, 2021 Filing 3987 Transcript of Voir Dire proceedings held in open court on September 30, 2021 before Judge Dan Aaron Polster. To obtain a bound copy of this transcript please contact court reporter Susan Trischan at susan_trischan@ohnd.uscourts.gov or Shirle Perkins at shirle_perkins@ohnd.uscourts.gov. [(Vol.2 Pp. 479-491) 13 pages] (P,Sh)
September 30, 2021 Filing 3986 Transcript of Voir Dire held in chambers on September 30, 2021 before Judge Dan Aaron Polster. To obtain a bound copy of this transcript please contact court reporter Susan Trischan at susan_trischan@ohnd.uscourts.gov. or Shirle Perkins at shirle_perkins@ohnd.uscourts.gov [(Vol. 2- Pp.308-478) 171 pages] (P,Sh)
September 30, 2021 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. Voir Dire held and concluded on 9/30/21. Trial to proceed as scheduled on 10/4/21 at 1:00 p.m. (Court Reporter: Sue Trischan.)Time: 4.5 hrs. (P,R)
September 29, 2021 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. Voir Dire held on 9/29/21, to resume 9/30/21 at 9:00 AM (Court Reporter: Sue Trischan.)Time: 7 hrs. (P,R)
September 29, 2021 Filing 3985 Transcript of Voir Dire held in chambers on September 29, 2021 before Judge Dan Aaron Polster. To obtain a bound copy of this transcript please contact court reporter Susan Trischan at 216-357-7087. [(Pp. 31-307) 277 pages] (P,Sh)
September 29, 2021 Filing 3984 Transcript of Voir Dire held in open court on September 29, 2021 before Judge Dan Aaron Polster. To obtain a bound copy of this transcript please contact court reporter Susan Trischan at 216-367-7087. [1-30 30 pages] (P,Sh)
September 29, 2021 Filing 3983 Expedited Non-Appeal Transcript Order Form for proceedings held on 9/28/2021 before Judge Dan A. Polster, Court Reporter: Susan Trischan. Requested completion date: 9/30/2021 filed by Burlington Drug Company. (Tarney, Tyler)
September 29, 2021 Filing 3982 Notice of Dismissal Under FRCP 41(a)(1) filed by City of Grayson. (Whaley, John)
September 29, 2021 Opinion or Order Order [non-document] The non-public status conference with Johnson & Johnson and the Tribes set for 10/1/2021 is canceled. Judge Dan Aaron Polster on 9/29/21. (P,R)
September 28, 2021 Filing 3981 Transcript of Final Pretrial Proceedings held on September 28, 2021 before Judge Dan A. Polster. To obtain a copy of this transcript please contact court reporter Sue Trischan at Susan_Trischan@ohnd.uscourts.gov or 216-357-7087. [84 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/5/2021. Redaction Request due 10/19/2021. Redacted Transcript Deadline set for 10/29/2021. Release of Transcript Restriction set for 12/27/2021. (T,S)
September 28, 2021 Filing 3980 Subpoena Returned Executed; served upon Brian Joyce by personal service on 9.27.21 filed on behalf of Plaintiffs Liaison Counsel (Weinberger, Peter)
September 28, 2021 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. Final Pretrial Conference held on 9/28/21. Trial issues discussed. Trial to proceed as scheduled. (Court Reporter: Sue Trischan.)Time: 1 hr 45 mins. (P,R)
September 27, 2021 Filing 3979 Report of Special Master Discovery Ruling no. 14, Part 31 Regarding Walmart's Privilege Claims filed by David Cohen. (Cohen, David)
September 27, 2021 Filing 3978 Opposition to Certain Defendants' Motions for Reconsideration Regarding Admissibility of Settlements filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2)Related document(s) #3972 , #3974 , #3973 .(Weinberger, Peter)
September 27, 2021 Filing 3977 Opposition to #3906 Motion to dismiss for failure to state a claim filed by Cobb County. (Conroy, Jayne)
September 27, 2021 Filing 3976 Response to Defendants' Submission Regarding the Court's Proposed Neutral Statement and Preliminary Charge filed by Plaintiffs Liaison Counsel. Related document(s) #3975 .(Weinberger, Peter)
September 24, 2021 Filing 3975 Submission Regarding the Court's Proposed Neutral Statement and Preliminary Charge filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Exhibit A - Neutral Statement, #2 Exhibit B - Preliminary Jury Charge Track 3, #3 Exhibit C - Neutral Statement - Defs Redline, #4 Exhibit D - Preliminary Jury Charge - Defs Redline, #5 Exhibit E - Track 3 Jury Instructions Final, #6 Exhibit F - Preliminary Jury Charge)(Stoffelmayr, Kaspar)
September 23, 2021 Filing 3974 Motion for reconsideration Regarding Admissibility of Settlements filed by Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. Related document(s) #3972 . (Stoffelmayr, Kaspar)
September 23, 2021 Filing 3973 Joinder in CVS Motion for Reconsideration Regarding Admissibility of Settlements filed by Walmart, Inc. Related document(s) #3972 .(Majoras, John)
September 23, 2021 Filing 3972 Motion for reconsideration Regarding Settlements filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Ohio CVS Stores, LLC. (Delinsky, Eric)
September 23, 2021 Filing 3971 Motion to strike Errata to James Rafalskis Deposition Testimony filed by Giant Eagle, Inc., HBC Service Company. (Attachments: #1 Proposed Order, #2 Exhibit 1 James Rafalski Errata, #3 Exhibit 2 Excerpts of James Rafalski Deposition Testimony, #4 Exhibit 3 James Rafalskis Cheat Sheet)(Barnes, Robert)
September 23, 2021 Filing 3970 Transcript of Status Conference Re: Voir Dire held on September 23, 2021 before Judge Dan A. Polster. To obtain a copy of this transcript please contact court reporter Sue Trischan at Susan_Trischan@ohnd.uscourts.gov or at 216-357-7087. [23 pages] (T,S)
September 23, 2021 Filing 3969 Transcript of Status Conference Re: Voir Dire held on September 21, 2021 before Judge Dan A. Polster. To obtain a copy of this transcript please contact court reporter Sue Trischan at Susan_Trischan@ohnd.uscourts.gov or 216-357-7087. [67 pages] (T,S)
September 23, 2021 Filing 3968 Notice of Status Conference - In person, non-public status conference with Johnson & Johnson and the Tribes set for 10/1/2021 at 1:45 PM in Courtroom 18B before Judge Dan Aaron Polster. (P,R)
September 23, 2021 Filing 3967 Evidentiary Order regarding motions in limine. Judge Dan Aaron Polster on 9/23/21. (P,R)
September 22, 2021 Opinion or Order Filing 3966 Order Regarding Public and Media Logistics. Judge Dan Aaron Polster on 9/22/21. (P,R)
September 22, 2021 Filing 3965 Notice of Dismissal Under FRCP 41(a)(1) RiteAid of Maryland, Inc. d/b/a RiteAid Mid-Atlantic Customer Support Center, Inc., filed by City of Kansas City, Missouri. (Burns, Sarah)
September 22, 2021 Filing 3964 Notice of Dismissal Under FRCP 41(a)(1) RiteAid of Maryland, Inc. d/b/a RiteAid Mid-Atlantic Customer Support Center, Inc., filed by Jackson County. (Burns, Sarah)
September 22, 2021 Filing 3963 Subpoena Returned Executed; served upon George Chunderlik by personal service on 9.21.21 filed on behalf of Plaintiffs Liaison Counsel (Weinberger, Peter)
September 21, 2021 Filing 3962 Answer filed by Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc.. Related document(s) #3738 . (Moore, Kelly)
September 21, 2021 Filing 3961 Answer to Plaintiff's Supplemental and Amended Allegations to be Added to "Short Form for Supplementing Complaint and Amending Defendants and Jury Demand." filed by Meijer Distribution, Inc., Meijer Stores Limited Partnership, Meijer, Inc.. (Vanek, Joseph)
September 21, 2021 Filing 3960 Answer and Affirmative Defenses to Plaintiff Montgomery County's Supplemental and Amended Allegations to be Added to Short Form Short Form for Supplementing Complaint and Amending Defendants filed by Walmart, Inc.. Related document(s) #3772 , #3738 .(Fumerton, Tara)
September 21, 2021 Filing 3959 Answer to Plaintiff Montgomery County's Supplemental and Amended Allegations to be Added to Short Form Short Form for Supplementing Complaint and Amending Defendants and Jury Demand filed by Walgreen Co., Walgreens Boots Alliance Inc.. Related document(s) #3738 . (Stoffelmayr, Kaspar)
September 21, 2021 Filing 3958 Answer to Amended Complaint with Jury Demand filed by The Kroger Co., Kroger Limited Partnership I, Kroger Limited Partnership II. (Harvey, Ronda)
September 21, 2021 Filing 3957 Answer And Affirmative Defenses To Plaintiff Montgomery County's Supplemental And Amended Allegations To Be Added To "Short Form For Supplementing Complaint And Amending Defendants And Jury Demand" filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Oakwood CVS, Inc., Ohio CVS Stores, LLC. Related document(s) #3738 . (Delinsky, Eric)
September 21, 2021 Filing 3956 Bench Brief Regarding Excluding Unvaccinated Jurors From Venire Panel filed by Plaintiffs Liaison Counsel. (Weinberger, Peter)
September 19, 2021 Filing 3955 FILING ERROR - FILED ON WRONG DOCKET Corporate Disclosure Statement filed by Noramco, Inc.. (Attachments: #1 Schedule, #2 Proof of Service)(Mowen, Kelly) Modified on 9/20/2021 (P,R).
September 19, 2021 Filing 3954 FILING ERROR - FILED ON WRONG DOCKET Attorney Appearance for CTO 204 and 206 by Kelly Calder Mowen in WVS/2:21-cv-00461, WVS/5:21-cv-00463, and WVS/5 :21-cv-00473 filed by on behalf of Noramco, Inc.. (Attachments: #1 Schedule, #2 Certificate of Service to Appearance)(Mowen, Kelly) Modified on 9/20/2021 (P,R).
September 17, 2021 Filing 3953 Opinion and Order granting in part and denying in part Pharmacy Defendants' Motion to Exclude Testimony of Anna Lembke (Related Doc #3802 ). Judge Dan Aaron Polster on 9/17/21.(P,R)
September 16, 2021 Filing 3952 Proposed Stipulation of Dismissal with Prejudice filed by County of Trumbull. (Gallucci, Frank)
September 16, 2021 Opinion or Order Filing 3951 Order Permitting Remote Livestreaming of Trial Testimony and Proceedings. Judge Dan Aaron Polster on 9/16/21. (P,R)
September 14, 2021 Opinion or Order Filing 3950 Marginal Entry Order regarding Defendants' Motion To Exclude Certain Expert Testimony Based on Track One Arguments (Related Doc #3797 ). The motion is denied, for the reasons stated in the Court's orders addressing all of the parties' Daubert motions filed in Track One, which are incorporated by reference. Judge Dan Aaron Polster on 9/14/21.(P,R)
September 13, 2021 Filing 3949 Opinion and Order denying #3804 Defendants' Motion to Exclude the Opinions and Testimony of Craig McCann. Judge Dan Aaron Polster on 9/13/21. (P,R)
September 13, 2021 Filing 3948 Opinion and Order denying #3805 Defendants' Motion to Exclude the Opinions of Dr. Caleb Alexander. Judge Dan Aaron Polster on 9/13/21. (P,R)
September 13, 2021 Filing 3947 Opinion and Order granting in part and denying in part Defendants Motion to Exclude the Opinions and Testimony of Carmen Catizone. (Related Doc #3800 ). Judge Dan Aaron Polster on 9/13/21.(P,R)
September 13, 2021 Filing 3946 Opinion and Order denying #3858 Defendants' Motion to Exclude Certain Opinions and Testimony of Dr. Katherine Keyes. Judge Dan Aaron Polster on 9/13/21. (P,R)
September 12, 2021 Filing 3945 Transcript of Telephonic Status Conference held on September 10th, 2021 before Judge Dan A. Polster. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [16 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 9/20/2021. Redaction Request due 10/4/2021. Redacted Transcript Deadline set for 10/13/2021. Release of Transcript Restriction set for 12/13/2021. (S,G)
September 12, 2021 Filing 3944 Transcript of Daubert Hearing held on September 10th, 2021 before Judge Dan A. Polster. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [61 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 9/20/2021. Redaction Request due 10/4/2021. Redacted Transcript Deadline set for 10/13/2021. Release of Transcript Restriction set for 12/13/2021. (S,G)
September 10, 2021 Filing 3943 Reply in support of #3844 Motion in limine to Preclude Evidence or Argument About Alleged Misconduct After 2010 filed by Defendants, #3843 SEALED Motion - Defendants' Motion in Limine to Preclude Evidence or Argument About Alleged Misconduct After 2010 #441 , #3842 filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Exhibit 1 - Verdict Form)(Stoffelmayr, Kaspar)
September 10, 2021 Filing 3942 Reply In Support of Motion in Limine Concerning Misleading Handwritten Notes filed by Walmart, Inc.. (Majoras, John)
September 10, 2021 Filing 3941 Objections to Plaintiffs' Witness List Disclosure filed by Pharmacy Defendants Related document(s) #3809 .(Fumerton, Tara)
September 10, 2021 Filing 3940 Reply in support of #3832 Motion in limine To Exclude Newspaper Articles filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Delinsky, Eric)
September 10, 2021 Filing 3939 Reply in support of #3837 Motion in limine To Exclude Evidence of Remote Shipments and Prescriptions filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Ohio CVS Stores, LLC. (Delinsky, Eric)
September 10, 2021 Filing 3938 Reply in support of #3835 Motion in limine To Exclude Ohio Board of Pharmacy Report on Workload Survey filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Delinsky, Eric)
September 10, 2021 Filing 3937 SEALED Document:Plaintiffs' Omnibus Motion in Limine Reply Brief filed by Plaintiffs Liaison Counsel. Related document(s) #3830 . (Attachments: #1 Exhibit A, #2 Exhibit B)(Weinberger, Peter)
September 10, 2021 Filing 3936 Joint Exhibit List filed by County of Lake, County of Trumbull. (Attachments: #1 Exhibit CT3 Plaintiffs Joint Exhibit List)(Conroy, Jayne)
September 10, 2021 Filing 3935 Joint Trial Exhibit List filed by Track 3 Pharmacy Defendants. (Attachments: #1 Exhibit A - Pharmacy Defendants' Joint Exhibit List)(Fumerton, Tara)
September 10, 2021 Filing 3934 Exhibit List by Walmart, Inc. for Track 3 filed by Walmart, Inc.. (Fumerton, Tara)
September 10, 2021 Filing 3933 Trial Exhibit List filed by Giant Eagle, Inc., HBC Service Company. (Attachments: #1 Exhibit Giant Eagle's Track 3 Exhibit List)(Barnes, Robert)
September 10, 2021 Filing 3932 Exhibit List filed by Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. Related document(s) #3758 . (Attachments: #1 Walgreens' Track 3 Exhibit List)(Stoffelmayr, Kaspar)
September 10, 2021 Filing 3931 Trial Exhibit List filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Ohio CVS Stores, LLC. Related document(s) #3758 . (Attachments: #1 Track Three Exhibit List)(Delinsky, Eric) Modified on 9/10/2021 (P,R).
September 10, 2021 Opinion or Order Order [non-document] granting Plaintiff's Motion for Leave to File Reply Brief to Omnibus Motion in Limine and Related Exhibits Under Seal (Related Doc #3930 ). Judge Dan Aaron Polster on 9/10/21.(W,CM)
September 9, 2021 Filing 3930 Motion for Leave to File Reply Brief to Omnibus Motion in Limine and Related Exhibits Under Seal filed by Plaintiff Plaintiffs Liaison Counsel. (Weinberger, Peter)
September 8, 2021 Opinion or Order Order [non-document] granting #3922 Plaintiff's Motion to dismiss CVS Health Corporation and #3924 Motion to Sever Caremark LLC and Procare Pharmacy Direct in the Durham County case. Judge Dan Aaron Polster on 9/8/21.(P,R)
September 7, 2021 Filing 3929 Opinion and Order granting in part Defendant's Motion to Exclude Opinions of James Rafalski (Related document #3797 ). Judge Dan Aaron Polster on 9/7/21. (W,CM)
September 7, 2021 IMPORTANT: Corrected Notice [non-document] of Daubert Hearing set for 9/10/2021 at 09:30 AM in to be held by video conference (Cleveland) before Judge Dan Aaron Polster. (W,CM)
September 7, 2021 IMPORTANT: Notice [non-document] of Daubert Hearing reset for 9/9/2021 at 09:30 AM to be held by video conference (Cleveland) before Judge Dan Aaron Polster. *TIME CHANGE ONLY. (W,CM)
September 3, 2021 Filing 3928 Amended Notice to take Deposition of Dr. Rahul Gupta on September 17, 2021 at 9:00 a.m. Eastern filed by Plaintiffs Executive Committee. (Attachments: #1 Exhibit A - Gupta Report of 8-25-2021)Related document(s) #3813 .(Farrell, Paul)
September 2, 2021 Filing 3927 Omnibus Brief In Opposition To Plaintiffs' Motions In Limine filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. Related document(s) #3830 . (Attachments: #1 Exhibit A - 2020-12-10 Theresa Toigo Deposition Transcript, #2 Exhibit B - 2020-12-04 April Caraway Deposition Transcript, #3 Exhibit C - 2021-03-08 Kimberly Fraser Deposition Transcript, #4 Exhibit D - 2021-02-02 Melanie Blasko Deposition Transcript, #5 Exhibit E - 2018-05-08 Testimony of Robert W. Patterson, #6 Exhibit F - Fumerton Email Re Witness Objections Rule 1006 Summaries, #7 Exhibit G - MDL Transcript Re Doc Authentication (8/18/21) Excerpts, #8 Exhibit H - Dkt 8516 NY Order Re McCann Testimony (8-20-21)) (Delinsky, Eric)
September 2, 2021 Filing 3926 SEALED Document:Plaintiffs' Opposition to Defendants' Motion in Limine to Preclude Evidence or Argument About Alleged Misconduct After 2010 filed by Plaintiffs Liaison Counsel. Related document(s) #3918 , #3843 . (Weinberger, Peter)
September 2, 2021 Filing 3925 SEALED Document:Plaintiffs' Opposition to Pharmacy Defendants' Motion in Limine to Exclude Newspaper Articles filed by Plaintiffs Liaison Counsel. Related document(s) #3918 , #3832 . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Weinberger, Peter)
September 2, 2021 Filing 3924 Unopposed Motion to sever Defendants Caremark LLC and Procare Pharmacy Direct LLC filed by MDL Notice Only Durham County. (Fuller, Michael)
September 2, 2021 Filing 3923 SEALED Document:Plaintiffs' Opposition to Defendants' Motion in Limine to Preclude the Use of Misleading Handwritten Notes and Prevent them from being Admitted as Evidence filed by Plaintiffs Liaison Counsel. Related document(s) #3918 , #3836 . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Weinberger, Peter)
September 2, 2021 Filing 3922 Unopposed Motion to dismiss CVS Health Corporation filed by MDL Notice Only Durham County. (Fuller, Michael)
September 2, 2021 Opinion or Order Filing 3921 Order regarding Deposition of Joseph Rannazzis. Related documents #3887 , #3851 , #3908 , #3917 . Judge Dan Aaron Polster on 9/2/2021. (W,CM)
September 2, 2021 Filing 3920 Opposition to #3835 Motion in limine To Exclude Ohio Board of Pharmacy Report on Workload Survey filed by Plaintiffs Liaison Counsel. (Weinberger, Peter)
September 2, 2021 Filing 3919 Opposition to #3837 Motion in limine To Exclude Evidence of Remote Shipments and Prescriptions filed by Plaintiffs Liaison Counsel. (Weinberger, Peter)
September 2, 2021 Filing 3918 Marginal Entry Order granting Plaintiff's Motion to File Under Seal (Related Doc #3916 ). Judge Dan Aaron Polster on 9/2/2021.(W,CM)
September 2, 2021 Opinion or Order Order [non-document]. The Court will conduct a Daubert hearing on Defendants' motion to exclude the opinions and testimony of Anna Lembke on Friday, September 10, 2021 at 9:00 a.m. The hearing will be conducted by Zoom and invitations will be provided. On or before 12:00 p.m., noon, on September 9, 2021, plaintiff's counsel must submit a short list of representative questions they intend to ask Dr. Lembke at trial. Judge Dan Aaron Polster on 9/2/21. (W,CM)
September 1, 2021 Filing 3917 Pharmacy Defendants' Reply Supporting Objection to the Special Master's Ruling Re: Track Three Deposition of Joseph Rannazzisi filed by Giant Eagle, Inc., HBC Service Company, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. Related document(s) #3887 , #3851 , #3908 . (Attachments: #1 Exhibit A - Article, #2 Exhibit B - Letter, #3 Exhibit C - Email, #4 Exhibit D - Letter, #5 Exhibit E - Letter, #6 Exhibit F - Letter, #7 Exhibit G - Transcript, #8 Exhibit H - Email, #9 Exhibit I - Email) (Stoffelmayr, Kaspar)
September 1, 2021 Filing 3916 Motion for Leave to File Certain Responses to Defendants' Motions in Limine and Related Exhibits Under Seal filed by Plaintiff Plaintiffs Liaison Counsel. (Weinberger, Peter)
September 1, 2021 Filing 3915 Notice of Service of Pharmacy Defendants' Motion To Exclude Anna Lembke filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Pharmacy Defendants' Motion To Exclude Anna Lembke, #2 Pharmacy Defendants' Memorandum In Support Of Motion To Exclude Anna Lembke, #3 Declaration of Kelly Moore, #4 Exhibit A to Declaration, #5 Exhibit B to Declaration, #6 Exhibit C to Declaration, #7 Proposed Order, #8 Exhibit A - Summary Sheet)(Delinsky, Eric)
September 1, 2021 Filing 3914 Notice of Service of Pharmacy Defendants' Motion To Exclude Carmen Catizone filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Pharmacy Defendants' Motion To Exclude Carmen Catizone, #2 Pharmacy Defendants' Memorandum In Support Of Motion To Exclude Carmen Catizone, #3 Declaration of Kelly Moore, #4 Exhibit A to Declaration, #5 Exhibit B to Declaration, #6 Exhibit C to Declaration, #7 Proposed Order, #8 Exhibit A - Summary Sheet)(Delinsky, Eric)
September 1, 2021 Filing 3913 Opinion and Order denying HBC Service Company and Giant Eagle's Motion for summary judgment (Related Doc #3862 ). Judge Dan Aaron Polster on 9/1/21.(P,R)
August 31, 2021 Filing 3912 Unopposed Motion to dismiss CVS Health Corporation filed by MDL Notice Only Cobb County. (Conroy, Jayne)
August 31, 2021 Filing 3911 Unopposed Motion to dismiss CVS Health Corporation filed by MDL Notice Only Board of County Commissioners of the County of Santa Fe. (Conroy, Jayne)
August 31, 2021 Filing 3910 Unopposed Motion to sever CVS Health Solutions, L.L.C. filed by MDL Notice Only Board of County Commissioners of the County of Santa Fe. (Conroy, Jayne)
August 31, 2021 Filing 3909 Opinion and Order denying #3857 Defendants' Motion to Exclude the opinions and testimony of Prof. Daniel C. Malone. Judge Dan Aaron Polster on 8/31/21. (P,R)
August 31, 2021 Opinion or Order Order [non-document] granting #3910 Plaintiff's Motion to Sever CVS Health Solutions and #3911 Motion to dismiss CVS Health Corporation in the Board of County Commissioners of the County of Santa Fe case; and granting #3912 Plaintiff's Motion to dismiss CVS Health Corporation in the Cobb County case. Judge Dan Aaron Polster on 8/31/21.(P,R)
August 30, 2021 Filing 3908 Opposition to Certain Pharmacy Defendants' Objection to the Special Master's Ruling re The Track Three Deposition of Joseph Rannazzisi filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)Related document(s) #3887 , #3851 .(Weinberger, Peter)
August 30, 2021 Opinion or Order Order [non-document] granting Plaintiff's Unopposed Motion to Dismiss CVS Health Corporation from Tarrant County case (Related Doc #3903 ). Judge Dan Aaron Polster on 8/30/21.(P,R)
August 30, 2021 Opinion or Order Order [non-document] granting #3905 Plaintiff Tarrant County's Motion to Sever Defendants Procare Pharmacy, L.L.C., Omnicare, Inc., Omnicare Pharmacy Of Tx 1, L.P., and Omnicare Distribution Center, L.L.C. Judge Dan Aaron Polster on 8/30/21.(P,R)
August 27, 2021 Filing 3907 Notice of Service of Reply Memorandum in Further Support of Certain Defendants' Daubert Motion to Exclude the Opinions Offered by James Rafalski filed by Giant Eagle, Inc., HBC Service Company, Walmart, Inc.. (Livingston, Scott)
August 27, 2021 Filing 3906 Motion to dismiss for failure to state a claim filed by Defendant Publix Supermarkets, Inc.. Related document(s) #3736 . (Attachments: #1 Brief in Support)(Chernack, Gregory)
August 27, 2021 Filing 3905 Unopposed Motion to sever Defendants Procare Pharmacy, L.L.C., Omnicare, Inc., Omnicare Pharmacy Of Tx 1, L.P., and Omnicare Distribution Center, L.L.C. filed by MDL Notice Only County of Tarrant. (Lanier, W.)
August 27, 2021 Filing 3904 Notice of Service of Defendants' Reply Brief in Support of Motion to Exclude the Opinions and Testimony of Craig McCann filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Stoffelmayr, Kaspar)
August 27, 2021 Filing 3903 Unopposed Motion to dismiss party CVS Health Corporation filed by MDL Notice Only County of Tarrant. (Lanier, W.)
August 27, 2021 Filing 3902 Notice of Service of Pharmacy Defendants' Reply In Support Of Motion To Exclude Carmen Catizone filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Delinsky, Eric)
August 27, 2021 Filing 3901 Notice of Service of Defendants' Reply In Support Of Their Motion To Exclude Certain Opinions And Testimony Of Dr. Katherine Keyes filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Delinsky, Eric)
August 27, 2021 Filing 3900 Notice of Service of Defendants Reply Memorandum in Support of Defendants Motion to Exclude the Opinions and Testimony of Daniel C. Malone filed by Walmart, Inc.. (Majoras, John)
August 27, 2021 Filing 3899 Notice of Service of Reply Memorandum in Further Support of Defendants' Daubert Motion to Exclude the Opinions Offered by Caleb Alexander filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. Related document(s) #3856 , #3805 .(Livingston, Scott)
August 27, 2021 Filing 3898 Notice of Service of Defendants' Reply Memorandum in Support of Defendants' Motion to Exclude the Opinions and Testimony of Anna Lembke filed by Walmart, Inc.. (Majoras, John)
August 27, 2021 Filing 3897 Notice of Service of Reply Brief in Support of Motion for Summary Judgment filed by Giant Eagle Inc., Giant Eagle, Inc., HBC Service Company. (Barnes, Robert)
August 27, 2021 Filing 3896 Notice of Withdrawal of Motion in Limine to Exclude Plaintiffs' Exhibit P-20533 filed by Eckerd Corporation, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc.. Related document(s) #3840 .(Moore, Kelly)
August 26, 2021 Filing 3895 Address Change Notice by David V. Hayes filed by on behalf of Bloodworth Wholesale Drugs, Inc.. (Hayes, David)
August 26, 2021 Filing 3894 Joint Motion to Sever filed by Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Eckerd Corporation (P,R)
August 26, 2021 Filing 3893 Notice of Withdrawal of document #3888 filed by Mayor and City Council of Baltimore. (Ard, Seth)
August 26, 2021 Opinion or Order Order [non-document] granting #3894 Rite Aid defendants' Joint Motion to Sever. Judge Dan Aaron Polster on 8/26/21.(P,R)
August 25, 2021 Filing 3892 Joint Motion to sever Rite Aid Defendants filed by Eckerd Corporation, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc.. (Moore, Kelly)
August 25, 2021 Opinion or Order Filing 3891 Order Regarding Trial Transcripts. Judge Dan Aaron Polster on 8/25/21. (Attachments: #1 Transcript Order Form, #2 Realtime Disclaimer)(P,R)
August 25, 2021 Opinion or Order Filing 3890 Order regarding CVS Privilege Issues (Related Doc #3889 ). Judge Dan Aaron Polster on 8/25/21.(P,R)
August 24, 2021 Filing 3889 Joint Motion for Entry of Consent Order on Privilege Issues filed by Plaintiff Plaintiffs Executive Committee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Order)(Irpino, Anthony)
August 24, 2021 Filing 3888 Opposition to #3823 Motion to Establish Qualified Settlement Fund, Appoint Panel of Common Benefit and Contingency Fee Fund Arbiters, Approve Fee Fund Allocation and Distribution Process, and Approve Common Benefit Cost Payment and Assessment Request for Modification of the Court's 8-12-21 Order Approving Common Benefit Assessment filed by Mayor and City Council of Baltimore. (Attachments: #1 Exhibit 1 Amended Notice of ARCOS Disclosure)(Ard, Seth)
August 23, 2021 Filing 3887 Objection to the Special Master's Ruling re: Track Three Deposition of Joseph Rannazzisi filed by Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. Related document(s) #3851 . (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - Email, #3 Exhibit 3 - Letter, #4 Exhibit 4 - Transcript, #5 Exhibit 5 - Order, #6 Exhibit 6 - Order) (Stoffelmayr, Kaspar)
August 19, 2021 Filing 3886 Corrected Trial Brief filed by Walmart, Inc.. (Majoras, John)
August 19, 2021 Filing 3885 Trial Brief filed by Wal-Mart Stores East, Inc. (Majoras, John)
August 19, 2021 Filing 3884 Trial Brief filed by Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. (Stoffelmayr, Kaspar)
August 19, 2021 Filing 3883 Trial Brief filed by Plaintiffs Liaison Counsel. (Weinberger, Peter)
August 19, 2021 Filing 3882 Trial Brief for Rite Aid Defendants filed by Eckerd Corporation, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc.. (Moore, Kelly)
August 19, 2021 Filing 3881 Trial Brief filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Ohio CVS Stores, LLC. (Delinsky, Eric)
August 19, 2021 Filing 3880 Trial Brief filed by Giant Eagle, Inc., HBC Service Company. (Barnes, Robert)
August 18, 2021 Filing 3879 Attorney Appearance by Diandra S. Debrosse-Zimmermann for City of Birmingham, Alabama filed by on behalf of Birmingham, City of. (Debrosse-Zimmermann, Diandra)
August 18, 2021 Filing 3878 SEALED Document:Notice of Service and Defendants' Motion to Exclude the Opinions and Testimony of Craig McCann filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. Related document(s) #3874 , #3866 , #3804 , #441 . (Attachments: #1 Defendants' Motion to Exclude the Opinions and Testimony of Craig McCann, #2 Memo in support of Defendants' Motion to Exclude the Opinions and Testimony of Craig McCann, #3 Declaration of Alex J. Harris, #4 Exhibit 1 to Harris Declaration_FILED UNDER SEAL, #5 Exhibit 2 to to Harris Declaration, #6 Exhibit 3 to Harris Declaration, #7 Exhibit 4 to Harris Declaration, #8 Exhibit 5 to Harris Declaration, #9 Exhibit 6 to Harris Declaration, #10 Exhibit 7 to Harris Declaration, #11 Exhibit 8 to Harris Declaration, #12 Exhibit 9 to Harris Declaration, #13 Proposed Order Granting Defendants' Motion to Exclude the Opinions and Testimony of Craig McCann, #14 Summary Sheet)(Stoffelmayr, Kaspar)
August 18, 2021 Filing 3877 Notice of Service of Plaintiffs' Response in Opposition to Defendants' HBC Service Company and Giant Eagle, Inc.'s Motion for Summary Judgment and Brief in Support filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit Summary Sheet)(Weinberger, Peter)
August 18, 2021 Filing 3876 Notice of Service of Plaintiffs' Memorandum in Opposition to Defendants' Motion to Exclude Anna Lembke filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit Summary Sheet)(Weinberger, Peter)
August 18, 2021 Filing 3875 Notice of Service of Plaintiffs' Memorandum in Opposition to Defendants' Motion to Exclude Carmen Catizone filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit Summary Sheet)(Weinberger, Peter)
August 18, 2021 Filing 3874 Marginal Entry Order granting Defendants' Motion for leave to File Under Seal Defendants' Motion to Exclude the Opinions and Testimony of Craig McCann (Related Doc #3865 ). Judge Dan Aaron Polster on 8/18/21.(P,R)
August 18, 2021 Filing 3873 Plaintiffs' Brief in Opposition to Defendants' Motion to Exclude Certain Expert Testimony Based on Track One Arguments filed by Plaintiffs Liaison Counsel. (Weinberger, Peter)
August 18, 2021 Filing 3872 Notice of Service of Plaintiffs' Memorandum in Opposition to Defendants' Motion to Exclude Certain Opinions and Testimony of Dr. Katherine Keyes filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit Summary Sheet)(Weinberger, Peter)
August 18, 2021 Filing 3871 Notice of Service of Plaintiffs' Memorandum in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Daniel C. Malone filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit Summary Sheet)(Weinberger, Peter)
August 18, 2021 Filing 3870 Notice of Service of Plaintiffs' Memorandum in Opposition to Defendants' Motion to Exclude the Opinions and Testimony of Craig McCann filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit Summary Sheet)(Weinberger, Peter)
August 18, 2021 Filing 3869 Notice of Service of Plaintiffs' Memorandum in Opposition to Certain Defendants' Daubert Motion to Exclude the Opinions Offered by James Rafalski filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit Summary Sheet)(Weinberger, Peter)
August 18, 2021 Filing 3868 Notice of Service of Plaintiffs' Memorandum in Opposition to Defendants' Motion to Exclude the Opinions Offered by Dr. G. Caleb Alexander filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit Summary Sheet)(Weinberger, Peter)
August 18, 2021 Filing 3867 SEALED Motion Motion for Summary Judgment on the Lake County's and Trumbull County's Public Nuisance Claim (Count XI) #441 , #3864 , #3862 , #3861 filed by Giant Eagle, Inc., HBC Service Company. Related document(s) #441 , #3864 , #3862 , #3861 . (Attachments: #1 Proposed Order, #2 Brief in Support, #3 Declaration of Daniel J. Stuart, #4 Exhibit 1 (10-26-2009 DEA Report of Investigation), #5 Exhibit 2 (5-20-2011 DEA Report of Investigation-HBC List I chemicals), #6 Exhibit 3 (5-20-2011 DEA Report of Investigation-HBC Schedule III-V), #7 Exhibit 4 ( 8-13-2013 DEA Report of Investigation), #8 Exhibit 5 (12-3-2014 DEA Report of Investigation), #9 Exhibit 6 (1-11-2016 DEA Report of Investigation), #10 Exhibit 7 (5-26-2017 DEA Report of Investigation), #11 Exhibit 8 (DEA Diversion Investigators Manual Excerpts), #12 Exhibit 9 (Lewis Colosimo Deposition Excerpts), #13 Exhibit 10 (James Rafalski Deposition Excerpts, #14 Exhibit 11 (Ohio Board of Pharmacy Reports), #15 Exhibit 12 (Carmen Catizone Deposition Excerpts), #16 Exhibit 13 (Trey Edwards Deposition Exerpts), #17 Exhibit 14 (George Pavlich Deposition Excerpts), #18 Exhibit 15 (William DiFrangia Deposition Excerpts), #19 Exhibit 16 (Damian Blakeley Deposition Excerpts), #20 Exhibit 17 (DEA 30(b)(6) Deposition Excerpts (T. Prevoznik)), #21 Exhibit 18 (Walter Durr Deposition Excerpts), #22 Exhibit 19 (Giant Eagle 30(b)(6) Deposition Excerpts (J. Tsipakis)), #23 Exhibit 20 (Greg Carlson Deposition Excerpts), #24 Exhibit 21 (George Chunderlik Deposition Excerpts), #25 Exhibit 22 (Anthony Mollica Deposition Excerpts), #26 Exhibit 23 (Drug Enforcement Agency 30(b)(6) Deposition Excerpts (K. Wright)), #27 Exhibit 24 (DEA 30(b)(6) Deposition Excerpts (J. Rannazzisi)), #28 Exhibit 25 (DEA 30(b)(6) Deposition Excerpts (S. Harper)), #29 Exhibit 26 (Aggregate Production Quota History for Selected Substances), #30 Exhibit 27 (Eugene Tommasi Deposition Excerpts), #31 Exhibit 28 (Richard Shaheen Deposition Excerpts), #32 Exhibit 29 (Demetra Ashley Deposition Excerpts), #33 Exhibit 30 (Expert Report of Sandra K.B. Kinsey, R.Ph. MBA, July 9, 2021 - Exhibit 2), #34 Exhibit 31 (Expert Report of Sandra K.B. Kinsey, R.Ph, MBA, July 9, 2021 - Exhibits 8A-8C), #35 Exhibit 32 (Expert Report of Sandra K.B. Kinsey, R. Ph, MBA, July 9, 2021 - Exhibit 9), #36 Exhibit 33 (Expert Report of Sandra K.B. Kinsey, R. Ph, MBA, July 9, 2021 - Exhibit 10), #37 Exhibit 34 (Expert Report of Sandra K.B. Kinsey, R.Ph, MBA, July 9, 2021 - Exhibit 11), #38 Exhibit 35 (Expert Report of Sandra K.B. Kinsey, R.Ph, MBA, July 9, 2021 - Exhibit 12), #39 Exhibit 36 (Expert Report of Sandra K.B. Kinsey, R.Ph, MBA, July 9, 2021 - Exhibits 13A-B), #40 Exhibit 37 (Expert Report of Sandra K.B. Kinsey, R.Ph, MBA, July 9, 2021 - Exhibits 16A-B), #41 Exhibit 38 - Expert Report of Sandra K.B. Kinsey, R. Ph, MBA, July 9, 2021 - Exhibit 19), #42 Exhibit 39 (Giant Eagle 30(b)(6) Deposition Excerpts (J. Tsipakis)), #43 Exhibit 40 (Email to Michael Chappell from Kelly Chappell, Re Kelly Chappell - DEA Investigator Meeting), #44 Exhibit 41 - Joseph Millward Deposition Excerpts), #45 Exhibit 42 - Carmen Catizone December 12, 2017 Testimony to U.S. Senate Committee on the Judiciary), #46 Exhibit 43 - DEA 30(b)(6) Deposition Excerpts (C. Brennan)), #47 Exhibit 44 (Emily Mooney Deposition Excerpts), #48 Exhibit 45 - Demetra Ashley Deposition Excerpts), #49 Exhibit 46 - Picture of GERX sign in (July 1, 2020)))(Barnes, Robert)
August 18, 2021 Filing 3866 Notice of Service of Defendants' Motion to Exclude the Opinions and Testimony of Craig McCann filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Defendants' Motion to Exclude the Opinions and Testimony of Craig McCann, #2 Memo in support of Defendants' Motion to Exclude the Opinions and Testimony of Craig McCann, #3 Declaration of Alex J. Harris, #4 Exhibit 1 to Harris Declaration_FILED UNDER SEAL, #5 Exhibit 2 to to Harris Declaration, #6 Exhibit 3 to Harris Declaration, #7 Exhibit 4 to Harris Declaration, #8 Exhibit 5 to Harris Declaration, #9 Exhibit 6 to Harris Declaration, #10 Exhibit 7 to Harris Declaration, #11 Exhibit 8 to Harris Declaration, #12 Exhibit 9 to Harris Declaration, #13 Proposed Order Granting Defendants' Motion to Exclude the Opinions and Testimony of Craig McCann, #14 Summary Sheet)Related document(s) #3804 .(Stoffelmayr, Kaspar)
August 18, 2021 Filing 3865 Motion for leave to File Under Seal Defendants' Motion to Exclude the Opinions and Testimony of Craig McCann filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Proposed Order)(Stoffelmayr, Kaspar)
August 18, 2021 Filing 3864 Marginal Entry Order granting Giant Eagle's Motion for leave to file under seal (Related Doc #3860 ). Judge Dan Aaron Polster on 8/18/21.(P,R)
August 17, 2021 Filing 3863 Report of Special Master Discovery Ruling no. 14, Part 30 Regarding Walmart's Privilege Claims filed by David Cohen. (Cohen, David)
August 17, 2021 Filing 3862 Motion for summary judgment on the Lake County's and Trumbull County's Public Nuisance Claim (Count XI) filed by Giant Eagle, Inc., HBC Service Company. Related document(s) #3860 , #3799 , #3861 . (Attachments: #1 Proposed Order, #2 Affidavit (Redacted), #3 Affidavit Declaration of Daniel J. Stuart, #4 Exhibit 1 (10-26-2009 DEA Report of Investigation), #5 Exhibit 2 (5-20-2011 DEA Report of Investigation-HBC List I chemicals), #6 Exhibit 3 (5-20-2011 DEA Report of Investigation-HBC Schedule III-V), #7 Exhibit 4 ( 8-13-2013 DEA Report of Investigation), #8 Exhibit 5 (12-3-2014 DEA Report of Investigation), #9 Exhibit 6 (1-11-2016 DEA Report of Investigation), #10 Exhibit 7 (5-26-2017 DEA Report of Investigation), #11 Exhibit 8 (DEA Diversion Investigators Manual Excerpts), #12 Exhibit 9 (Lewis Colosimo Deposition Excerpts), #13 Exhibit 10 (James Rafalski Deposition Excerpts, #14 Exhibit 11 (Ohio Board of Pharmacy Reports) (Redacted), #15 Exhibit 12 (Carmen Catizone Deposition Excerpts), #16 Exhibit 13 (Trey Edwards Deposition Exerpts), #17 Exhibit 14 (George Pavlich Deposition Excerpts), #18 Exhibit 15 (William DiFrangia Deposition Excerpts), #19 Exhibit 16 (Damian Blakeley Deposition Excerpts), #20 Exhibit 17 (DEA 30(b)(6) Deposition Excerpts (T. Prevoznik)), #21 Exhibit 18 (Walter Durr Deposition Excerpts), #22 Exhibit 19 (Giant Eagle 30(b)(6) Deposition Excerpts (J. Tsipakis)), #23 Exhibit 20 (Greg Carlson Deposition Excerpts), #24 Exhibit 21 (George Chunderlik Deposition Excerpts), #25 Exhibit 22 - Anthony Mollica Deposition Excerpts), #26 Exhibit 23 (Drug Enforcement Agency 30(b)(6) Deposition Excerpts (K. Wright)), #27 Exhibit 24 (DEA 30(b)(6) Deposition Excerpts (J. Rannazzisi)), #28 Exhibit 25 (DEA 30(b)(6) Deposition Excerpts (S. Harper)), #29 Exhibit 26 (Aggregate Production Quota History for Selected Substances), #30 Exhibit 27 (Eugene Tommasi Deposition Excerpts), #31 Exhibit 28 (Richard Shaheen Deposition Excerpts), #32 Exhibit 29 (Demetra Ashley Deposition Excerpts), #33 Exhibit 30 (Expert Report of Sandra K.B. Kinsey, R.Ph. MBA, July 9, 2021 - Exhibit 2), #34 Exhibit 31 (Expert Report of Sandra K.B. Kinsey, R.Ph, MBA, July 9, 2021 - Exhibits 8A-8C), #35 Exhibit 32 (Expert Report of Sandra K.B. Kinsey, R. Ph, MBA, July 9, 2021 - Exhibit 9)(Redacted), #36 Exhibit 33 (Expert Report of Sandra K.B. Kinsey, R. Ph, MBA, July 9, 2021 - Exhibit 10)(Redacted), #37 Exhibit 34 (Expert Report of Sandra K.B. Kinsey, R.Ph, MBA, July 9, 2021 - Exhibit 11)(Redacted), #38 Exhibit 35 (Expert Report of Sandra K.B. Kinsey, R.Ph, MBA, July 9, 2021 - Exhibit 12)(Redacted), #39 Exhibit 36 (Expert Report of Sandra K.B. Kinsey, R.Ph, MBA, July 9, 2021 - Exhibits 13A-B)(Redacted), #40 Exhibit 37 (Expert Report of Sandra K.B. Kinsey, R.Ph, MBA, July 9, 2021 - Exhibits 16A-B), #41 Exhibit 38 - Expert Report of Sandra K.B. Kinsey, R. Ph, MBA, July 9, 2021 - Exhibit 19)(Redacted), #42 Exhibit 39 (Giant Eagle 30(b)(6) Deposition Excerpts (J. Tsipakis)), #43 Exhibit 40 (Email to Michael Chappell from Kelly Chappell, Re Kelly Chappell - DEA Investigator Meeting), #44 Exhibit 41 - Joseph Millward Deposition Excerpts), #45 Exhibit 42 - Carmen Catizone December 12, 2017 Testimony to U.S. Senate Committee on the Judiciary), #46 Exhibit 43 - DEA 30(b)(6) Deposition Excerpts (C. Brennan)), #47 Exhibit 44 (Emily Mooney Deposition Excerpts), #48 Exhibit 45 - Demetra Ashley Deposition Excerpts), #49 Exhibit 46 - Picture of GERX sign in (July 1, 2020)))(Barnes, Robert)
August 17, 2021 Filing 3861 Notice of Service of Motion for Summary Judgment filed by Giant Eagle, Inc., HBC Service Company. (Attachments: #1 Exhibit 1 - (Summary Sheet of Concise Issues Raised))Related document(s) #3799 .(Barnes, Robert)
August 17, 2021 Filing 3860 Motion for leave to File Under Seal Their Motion for Summary Judgment filed by Giant Eagle, Inc., HBC Service Company. (Attachments: #1 Proposed Order)(Barnes, Robert)
August 17, 2021 Filing 3859 SEALED Document:Notice of Filing of Transcripts filed by Plaintiffs Executive Committee. Related document(s) #1813 . (Attachments: #1 Caleb Alexander Deposition, #2 Demetra Ashley Deposition, #3 Claire Brennan Deposition, #4 Carmen Catizone Deposition Vol. 1, #5 Carmen Catizone Deposition Vol. 2, #6 George Chunderlik Deposition, #7 Lewis Colosimo Deposition, #8 William DiFrangia Deposition, #9 Trey Edwards Deposition, #10 Katherine Keyes Deposition, #11 Anna Lembke Deposition, #12 Anna Lembke Frye Testimony, #13 Anna Lembke Deposition, #14 Anna Lembke Santa Clara, CA Trial Testimony, #15 Anna Lembke Deposition, #16 Anna Lembke NY Trial Testimony, #17 Daniel Malone Deposition, #18 Michael Mapes Deposition, #19 Craig McCann Deposition, #20 Christopher Miller Deposition, #21 Emily Mooney Deposition, #22 George Pavlich Deposition, #23 James Rafalski Frye Testimony, #24 James Rafalski Frye Testimony, #25 James Rafalski WV Trial Testimony Vol. 18, #26 James Rafalski WV Trial Testimony Vol. 19, #27 James Rafalski Deposition Vol. 1, #28 James Rafalski Deposition Vol. 2, #29 Richard Shaheen Deposition, #30 James Tpispakis Deposition, #31 James Tpispakis Deposition)(Cabraser, Elizabeth)
August 17, 2021 Filing 3858 Notice of Service of Defendant's Motion to Exclude Certain Opinions and Testimony of Dr. Katherine Keyes filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Defendants' Motion to Exclude Katherine Keyes, #2 Brief in Support Defendants' Memorandum in Support of Motion to Exclude Katherine Keyes, #3 Affidavit Steve Herman Declaration, #4 Exhibit 1 to Declaration, #5 Exhibit 2 to Declaration, #6 Exhibit 3 to Declaration, #7 Exhibit 4 to Declaration, #8 Exhibit 5 to Declaration, #9 Exhibit 6 to Declaration, #10 Exhibit 7 to Declaration, #11 Exhibit 8 to Declaration, #12 Exhibit 9 to Declaration, #13 Exhibit 10 to Declaration, #14 Exhibit 11 to Declaration, #15 Exhibit 12 to Declaration, #16 Exhibit 13 to Declaration, #17 Exhibit 14 to Declaration, #18 Exhibit 15 to Declaration, #19 Exhibit 16 to Declaration, #20 Exhibit 17 to Declaration, #21 Exhibit 18 to Declaration, #22 Exhibit 19 to Declaration, #23 Exhibit 20 to Declaration, #24 Exhibit 21 to Declaration, #25 Exhibit 22 to Declaration, #26 Exhibit 23 to Declaration, #27 Exhibit 24 to Declaration, #28 Exhibit 25 to Declaration, #29 Exhibit 26 to Declaration, #30 Exhibit 27 to Declaration, #31 Exhibit 28 to Declaration, #32 Exhibit 29 to Declaration, #33 Exhibit 30 to Declaration, #34 Exhibit 31 to Declaration, #35 Exhibit 32 to Declaration, #36 Exhibit 33 to Declaration, #37 Exhibit 34 to Declaration, #38 Proposed Order Proposed Order, #39 Exhibit A - Summary Sheet)(Delinsky, Eric)
August 17, 2021 Filing 3857 Notice of Service of Pharmacy Defendants' Motion to Exclude the Opinions and Testimony of Daniel C. Malone filed by Walmart, Inc.. (Attachments: #1 Defendants' Motion to Exclude Dan Malone, #2 Defendants' Memorandum In Support of Motion to Exclude Dan Malone, #3 Proposed Order, #4 Tara Fumerton Declaration and Exhibits, #5 Exhibit A - Summary Sheet)Related document(s) #3801 .(Majoras, John)
August 17, 2021 Filing 3856 Notice of Service of Defendants' Daubert Motion to Exclude the Opinions Offered by Caleb Alexander filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Summary Sheet for Defendants' Daubert Motion to Exclude the Opinions Offered by Caleb Alexander, #2 Defendants' Daubert Motion to Exclude the Opinions Offered by Caleb Alexander, #3 Proposed Order Granting Defendants' Daubert Motion to Exclude the Opinions Offered by Caleb Alexander, #4 Defendants' Memorandum in Support of Their Daubert Motion to Exclude the Opinions Offered by Caleb Alexander, #5 Declaration of Brian C. Hill, #6 Exhibit 1: Caleb Alexander Report Excerpt, April 16, 2021, #7 Exhibit 2: Caleb Alexander Deposition Excerpts, May 27, 2021)Related document(s) #3805 .(Livingston, Scott)
August 17, 2021 Filing 3855 Notice of Service of Certain Defendants' Daubert Motion to Exclude the Opinions Offered by James Rafalski filed by Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walmart, Inc.. (Attachments: #1 Summary Sheet for Certain Defendants' Daubert Motion to Exclude the Opinions Offered by James Rafalski, #2 Certain Defendants' Daubert Motion to Exclude the Opinions Offered by James Rafalski, #3 Proposed Order Granting Certain Defendants' Daubert Motion to Exclude the Opinions Offered by James Rafalski, #4 Certain Defendants' Memorandum in Support of Their Daubert Motion to Exclude the Opinions Offered by James Rafalski, #5 Declaration of Brian C. Hill, #6 Exhibit 1: James Rafalski Report Excerpts, April 16, 2021, #7 Exhibit 2: James Rafalski Deposition Excerpts, Vol. I (June 10, 2021), Vol. II (June 11, 2021), #8 Exhibit 3: DEA Reports of Investigation - HBC and GERX)Related document(s) #3803 .(Livingston, Scott)
August 17, 2021 Filing 3854 Address Change Notice by Diane L. Waters filed by on behalf of Gregory Buhler. (Waters, Diane)
August 17, 2021 Filing 3853 Stipulated Order Regarding Answering the May 19, 2021 Amended Complaints in the Five New Pharmacy Bellwether Cases (Related Doc #3850 ). Judge Dan Aaron Polster on 8/17/21.(P,R)
August 16, 2021 Filing 3852 SEALED Document:Notice of Filing Plaintiffs' Expert Reports filed by Plaintiffs Executive Committee. Related document(s) #1813 . (Attachments: #1 Caleb Alexander Report with Appendices A-D and F, #2 Carmen Catizone Report with Appendices A-B, #3 Carmen Catizone Supplemental Report, #4 David Cutler Report, #5 04-21-21 Supplement to David Cutler Report, #6 05-19-21 Supplement to David Cutler Report, #7 Katherine Keyes Report with Exhibits and Supplemental Material Considered, #8 Anna Lembke Report with Supplemental Material Considered, #9 Daniel Malone Report and Attachment I, #10 Craig McCann Report with Appendices 1-6, 9 and 13, #11 Craig McCann Supplemental Report, #12 Craig McCann Second Supplemental Report, #13 James Rafalski Report with Schedule I and Supplemental Reliance List)(Cabraser, Elizabeth)
August 16, 2021 Filing 3851 Report of Special Master Order Quashing Track Three Deposition Notice of Joe Rannazzisi filed by David Cohen. (Cohen, David)
August 13, 2021 Filing 3850 Joint Motion Regarding Proposed Stipulated Order Regarding Answering The May 19, 2021 Amended Complaints In The Five New Pharmacy Bellwether Cases filed by CVS Health Corporation, CVS Health Solutions, L.L.C., CVS Indiana, L.L.C., CVS Orlando, Florida Distribution, LLC, CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, CVS Wellness Rediscovery LLC, Georgia CVS Pharmacy, LLC, Omnicare Distribution Center LLC, Omnicare Pharmacy of TX 1, LP, Omnicare, Inc., ProCare Pharmacy LLC. (Attachments: #1 Exhibit A - Proposed Stipulated Order)(Delinsky, Eric)
August 13, 2021 Filing 3849 SEALED Motion in Limine To Exclude Exhibit P-20533 #3846 , #441 , #3840 , #3839 filed by Eckerd Corporation, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc.. Related document(s) #3846 , #441 , #3840 , #3839 . (Attachments: #1 Summary Sheet, #2 Brief in Support of Motion in Limine to Exclude Exhibit P-20533 (Redacted), #3 Declaration of Kelly A. Moore in Support of Motion in Limine to Exclude Exhibit P-20533, #4 Exhibit A - Exhibit P-20533 (Filed Under Seal), #5 Exhibit B - Lembke Deposition Transcript, #6 Exhibit C - Catizone Deposition Transcript, #7 Proposed Order Granting Rite Aid Defendants' Motion in Limine to Exclude Exhibit P-20533)(Moore, Kelly)
August 13, 2021 Filing 3848 Report of Special Master Ruling on Deposition of Rannazzisi in Washington State Litigation filed by David Cohen. (Cohen, David)
August 13, 2021 Filing 3847 Marginal Entry Order granting Defendants' Motion for leave to File Under Seal Their Motion in Limine to Preclude Evidence or Argument About Alleged Misconduct After 2010(Related Doc #3842 ). Judge Dan Aaron Polster on 8/13/21.(P,R)
August 13, 2021 Filing 3846 Marginal Entry Order granting Rite Aid's Motion to file under seal Motion in Limine to Exclude Exhibit P-20533 and Exhibit A Thereto (Related Doc #3839 ). Judge Dan Aaron Polster on 8/13/21.(P,R)
August 13, 2021 Filing 3845 Marginal Entry Order granting Walmart's Motion to seal Motion in Limine to Preclude the Use of Misleading Handwritten Notes(Related Doc #3831 ). Judge Dan Aaron Polster on 8/12/21.(P,R)
August 12, 2021 Filing 3844 Motion in limine to Preclude Evidence or Argument About Alleged Misconduct After 2010 filed by Defendants filed by Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. Related document(s) #3842 , #3843 . (Attachments: #1 Exhibit 1 - Cutler Expert Report Excerpt_FILED UNDER SEAL, #2 Exhibit 2 - Cutler Supp. Expert Report_FILED UNDER SEAL, #3 Exhibit 3 - Cutler Dep. Excerpt, #4 Exhibit 4 - Rafalski Dep. Excerpt, #5 Exhibit 5 - Buccino-Thomas Dep. Excerpt, #6 Exhibit 6 - Baker-Stella Dep. Excerpt, #7 Exhibit 7 - Leonard Dep. Excerpt, #8 Exhibit 8 - Prince Dep. Excerpt)(Stoffelmayr, Kaspar)
August 12, 2021 Filing 3843 SEALED Motion - Defendants' Motion in Limine to Preclude Evidence or Argument About Alleged Misconduct After 2010 #441 , #3842 filed by Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. Related document(s) #441 , #3842 . (Attachments: #1 Exhibit 1 - Cutler Expert Report Excerpt_FILED UNDER SEAL, #2 Exhibit 2 - Cutler Supp. Expert Report_FILED UNDER SEAL, #3 Exhibit 3 - Cutler Dep. Excerpt, #4 Exhibit 4 - Rafalski Dep. Excerpt, #5 Exhibit 5 - Buccino-Thomas Dep. Excerpt, #6 Exhibit 6 - Baker-Stella Dep. Excerpt, #7 Exhibit 7 - Leonard Dep. Excerpt, #8 Exhibit 8 - Prince Dep. Excerpt)(Stoffelmayr, Kaspar)
August 12, 2021 Filing 3842 Motion for leave to File Under Seal Their Motion in Limine to Preclude Evidence or Argument About Alleged Misconduct After 2010 filed by CVS Pharmacy, LLC, CVS Indiana, L.L.C., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Proposed Order)(Stoffelmayr, Kaspar)
August 12, 2021 Filing 3841 Motion in limine - Walgreens' Omnibus Document to Preserve Arguments and Objections Related to Prior Motions In Limine filed by Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. (Stoffelmayr, Kaspar)
August 12, 2021 Filing 3840 Motion in limine To Exclude Exhibit P-20533 filed by Eckerd Corporation, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc.. (Attachments: #1 Summary Sheet, #2 Brief in Support of Motion in Limine to Exclude Exhibit P-20533 (Redacted), #3 Declaration of Kelly A. Moore in Support of Motion in Limine to Exclude Exhibit P-20533, #4 Exhibit A - Exhibit P-20533 (Filed Under Seal), #5 Exhibit B - Lembke Deposition Transcript, #6 Exhibit C - Catizone Deposition Transcript, #7 Proposed Order Granting Rite Aid Defendants' Motion in Limine to Exclude Exhibit P-20533)(Moore, Kelly)
August 12, 2021 Filing 3839 Motion to seal Rite Aid Defendants' Motion in Limine to Exclude Exhibit P-20533 and Exhibit A Thereto filed by Eckerd Corporation, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc.. (Attachments: #1 Proposed Order Granting Rite Aid Defendants' Motion for Leave to File Under Seal Their Motion in Limine)(Moore, Kelly)
August 12, 2021 Filing 3838 Omnibus Motion Preserving Objections to Prior Motions in Limine filed by Pharmacy Defendants (Attachments: #1 Summary Sheet, #2 Exhibit A - Omnibus Memorandum of Law in Support of All Track One Bellwether Defendants Motions in Limine, #3 Exhibit B - Omnibus Memorandum of Law in Support of Distributor Defendants Motions in Limine, #4 Exhibit C - Walgreens Motion in Limine, #5 Exhibit D - Track 1B Defendants Motions in Limine, #6 Exhibit E - Bellwether Trial Defendants Memorandum in Opposition to Plaintiffs' Motion in Limine)(Majoras, John)
August 12, 2021 Filing 3837 Motion in limine To Exclude Evidence of Remote Shipments and Prescriptions filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc.. (Delinsky, Eric)
August 12, 2021 Filing 3836 Motion in limine On Behalf of the Pharmacy Defendants To Preclude the Use of Misleading Handwritten Notes and Prevent Them From Being Admitted as Evidence filed by Defendant Walmart, Inc.. (Attachments: #1 Summary Sheet, #2 Exhibit A - Harrington Deposition Exhibit 16, #3 Exhibit B - Harrington Deposition Excerpts, #4 Exhibit C - Nelson Deposition Excerpts (Redacted), #5 Exhibit D - Nelson Deposition Exhibit 41 (Redacted), #6 Exhibit E - DeMay Deposition Exhibit 1, #7 Exhibit F - DeMay Deposition Excerpts, #8 Exhibit G - Rannazzisi Deposition Excerpts)(Majoras, John)
August 12, 2021 Filing 3835 Motion in limine To Exclude Ohio Board of Pharmacy Report on Workload Survey filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Exhibit A to Motion in Limine)(Delinsky, Eric)
August 12, 2021 Filing 3834 SEALED Motion in Limine by the Pharmacy Defendants to Preclude the Use of Misleading Handwritten Notes and Prevent Them From Being Admitted as Evidence #441 , #3831 filed by Defendant Walmart, Inc.. Related document(s) #441 , #3831 . (Attachments: #1 Summary Sheet, #2 Exhibit A - Harrington Deposition Exhibit 16, #3 Exhibit B - Harrington Deposition Excerpts, #4 Exhibit C - Nelson Deposition Excerpts, #5 Exhibit D - Nelson Deposition Exhibit 41, #6 Exhibit E - DeMay Deposition Exhibit 1, #7 Exhibit F - DeMay Deposition Excerpts, #8 Exhibit G - Rannazzisi Deposition Excerpts)(Majoras, John)
August 12, 2021 Filing 3832 Motion in limine To Exclude Newspaper Articles filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Exhibit 1 to Motion in Limine)(Delinsky, Eric)
August 12, 2021 Filing 3831 Motion to seal Defendants' Motion in Limine to Preclude the Use of Misleading Handwritten Notes filed by Defendant Walmart, Inc.. (Majoras, John)
August 12, 2021 Filing 3830 Omnibus Motion in Limine and Memorandum in Support filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit A - 1006 McCann, #2 Exhibit B - Faber Ruling)(Weinberger, Peter)
August 12, 2021 Filing 3829 In Limine Evidentiary Stipulations filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Giant Eagle, Inc., HBC Service Company, Lake County, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Trumbull County, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Weinberger, Peter)
August 12, 2021 Opinion or Order Filing 3828 Order to Establish Qualified Settlement Fund, Appoint Panel of Common Benefit and Contingency Fee Fund Arbiters, Approve Fee Fund Allocation and Distribution Process, and Approve Common Benefit Cost Payment and Assessment (Related Doc #3823 ). Judge Dan Aaron Polster on 8/12/21.(P,R)
August 11, 2021 Filing 3827 Motion by Larry Mackey to withdraw as attorney filed by Defendant H.D. Smith Wholesale Drug Co.. (Attachments: #1 Proposed Order on Motion to Withdraw Appearance)(Mackey, Larry)
August 11, 2021 Filing 3826 Attorney Appearance by John K. Gisleson filed on behalf of Eckerd Corporation, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc. (P,R)
August 11, 2021 Opinion or Order Filing 3825 Order Amending Section III of the Track Three Civil Trial Order and Establishing Procedure for Designation and Use of Deposition Testimony at Trial (Related Doc #3822 ). Judge Dan Aaron Polster on 8/11/21.(P,R)
August 11, 2021 Filing 3824 Transfer Order by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
August 11, 2021 Minute Order [non-document] regarding the Track Three Telephone Conference held on Wednesday, August 11, 2021. The date for sending detailed questionnaires to prospective jurors is amended from Monday, August 30 to Monday, August 23. Parties shall submit a pared-down list of likely witnesses to be inserted into the questionnaire to the Court by 12:00 p.m. EDT on Wednesday, August 18. The Court will be receiving the completed questionnaires by Monday, September 13 from the jury department, which it will then send to the parties. Following receipt of the completed questionnaires, parties shall meet and confer to categorize prospective jurors into four groups: (A) those whom both parties agree should be dismissed for cause; (B) those whom Plaintiffs, but not Defendants, believe should be dismissed for cause; (C) those whom Defendants, but not Plaintiffs, believe should be dismissed for cause; and (D) those whom both parties agree should proceed. Parties shall submit a list of these categorizations to the Court by 12:00 p.m. EDT on Monday, September 20. The Court will then meet with the parties on Tuesday, September 21 at 12:00 p.m. EDT to review the questionnaires. The next Track Three Telephone Conference is set for Friday, September 10 at 11:30 a.m. EDT. Counsel shall use the same dial-in instructions used for the previous teleconference, and shall submit to the Court a joint status report by 12:00 p.m. EDT on Thursday, September 9. Judge Dan Aaron Polster on 8/11/21. Court Reporter: Shirle Perkins Time: 40 min. Judge Dan Aaron Polster on 8/11/21. (P,R)
August 10, 2021 Filing 3823 Motion to Establish Qualified Settlement Fund, Appoint Panel of Common Benefit and Contingency Fee Fund Arbiters, Approve Fee Fund Allocation and Distribution Process, and Approve Common Benefit Cost Payment and Assessment filed by Plaintiff Plaintiffs Liaison Counsel. (Attachments: #1 Proposed Order, #2 Exhibit A, #3 Exhibit B, #4 Exhibit Description of Mathematical Model for Allocation of the Contingency Fee Fund)(Weinberger, Peter)
August 10, 2021 Filing 3822 Motion - Joint Motion For Order Amending Section VIII of the Track Three Civil Trial Order and Establishing Procedure For Designation and Use of Deposition Testimony at Trial filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Ohio CVS Stores, LLC. (Attachments: #1 Exhibit A - Proposed Order)(Delinsky, Eric)
August 10, 2021 Filing 3821 Conditional Transfer Order (CTO 201) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
August 10, 2021 Filing 3820 Track Eleven Case Management Order for Santa Fe County, New Mexico. Judge Dan Aaron Polster on 8/10/21. (P,R)
August 10, 2021 Filing 3819 Track Ten Case Management Order for Durham County, North Carolina. Judge Dan Aaron Polster on 8/10/21. (P,R)
August 10, 2021 Filing 3818 Track Eight Case Management Order for Cobb County, Georgia. Judge Dan Aaron Polster on 8/10/21. (P,R)
August 10, 2021 Filing 3817 Track Nine Case Management Order for Tarrant County, Texas. Judge Dan Aaron Polster on 8/10/21. (P,R)
August 9, 2021 Filing 3816 Proposed Voir Dire Questions filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Stoffelmayr, Kaspar)
August 9, 2021 Filing 3815 Submission of Judge's Voir Dire Questions filed by Plaintiffs Liaison Counsel. (Weinberger, Peter)
August 6, 2021 Opinion or Order Filing 3814 Order Regarding Contingency Fees. Judge Dan Aaron Polster on 8/6/21. (P,R)
August 4, 2021 Filing 3813 Cross Notice to take Deposition of DR. RAHUL GUPTA on August 26, 2021 filed by Plaintiffs Executive Committee. (Attachments: #1 Exhibit Ex 1 - Gupta CV FINAL, #2 Exhibit Ex 2 - Gupta, Rahul_Depo Tr_CT2 (1st) 9-11-20 FINAL, #3 Exhibit Ex 3 - Gupta, Rahul_Depo Tr_CT2 (2nd) 4-15-21 FINAL, #4 Exhibit Ex 4 - 1146-1 - Ex 1 - PLTS Supp 26a2C Disc FINAL, #5 Exhibit Ex 5 - 1320-0 - 2021-05-05 - DAY 3 - Gupta excerpt FINAL, #6 Exhibit Ex 6 - 1323-0 - 2021-05-06 - DAY 4 - Gupta Excerpt FINAL)(Farrell, Paul)
August 3, 2021 Filing 3812 Letter filed by United Food and Commercial Workers Health and Welfare Fund of Northeastern Pennsylvania. (Dugan, James)
July 27, 2021 Filing 3811 FILING ERROR - DOCUMENT MUST BE FILED IN MEMBER CASE Notice of Dismissal Under FRCP 41(a)(1) as to Defendant Russell Portenoy filed by City of Palm Bay. (Romano, J.) Modified on 7/28/2021 (P,R).
July 27, 2021 Opinion or Order Filing 3810 Order granting Plaintiffs' Motion to Appoint Certified Public Accountant to Serve as Escrow Agent for Common Benefit Fee Fund (Related Doc #3807 ). Judge Dan Aaron Polster on 7/27/21.(P,R)
July 26, 2021 Filing 3809 Witness List filed by County of Lake, County of Trumbull. (Conroy, Jayne)
July 26, 2021 Filing 3808 Joint Witness List On Behalf of The Pharmacy Defendants filed by Walmart, Inc.. (Attachments: #1 Exhibit A - Pharmacy Defendants' Joint Witness List, #2 Exhibit B - CVS's Witness List, #3 Exhibit C - Giant Eagle, Inc.'s and HBC Service Company's Witness List, #4 Exhibit D - Rite Aid's Witness List, #5 Exhibit E - Walgreens' Witness List, #6 Exhibit F - Walmart Inc.'s Witness List)(Fumerton, Tara)
July 26, 2021 Filing 3807 Motion to Appoint Certified Public Accountant to Serve as Escrow Agent for Common Benefit Fee Fund filed by Plaintiff Plaintiffs Liaison Counsel. Related document(s) #3794 . (Attachments: #1 Proposed Order)(Weinberger, Peter)
July 26, 2021 Filing 3806 Attorney Appearance by Francis A. Citera filed by on behalf of SuperValu, Inc.. (Citera, Francis)
July 23, 2021 Filing 3805 Notice of Service of Defendants' Daubert Motion to Exclude the Opinions Offered by Caleb Alexander filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Exhibit A)(Livingston, Scott)
July 23, 2021 Filing 3804 Notice of Service of Defendants' Motion to Exclude the Opinions and Testimony of Craig McCann filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Exhibit A - Summary of Concise Issues Raised)(Stoffelmayr, Kaspar)
July 23, 2021 Filing 3803 Notice of Service of Certain Defendants' Daubert Motion to Exclude the Opinions Offered by James Rafalski filed by Giant Eagle, Inc., HBC Service Company, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walmart, Inc.. (Attachments: #1 Exhibit A)(Livingston, Scott)
July 23, 2021 Filing 3802 Motion to strike expert anne lembke filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Summary Sheet)(Moore, Kelly)
July 23, 2021 Filing 3801 Notice of Service of Defendants' Motion to Exclude The Opinions and Testimony of Daniel C. Malone filed by Walmart, Inc.. (Attachments: #1 Exhibit A - Summary Sheet)(Majoras, John)
July 23, 2021 Filing 3800 Motion to strike Expert Carmen Catizone filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Summary Sheet)(Moore, Kelly)
July 23, 2021 Filing 3799 Notice of Service of Motion for Summary Judgment filed by Giant Eagle, Inc., HBC Service Company. (Attachments: #1 Exhibit 1 - (Summary Sheet of Concise Issues Raised))(Barnes, Robert)
July 23, 2021 Filing 3798 Notice of Service of Defendant's Motion to Exclude Certain Opinions and Testimony of Dr. Katherine Keyes filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Exhibit A to Notice of Service)(Delinsky, Eric)
July 23, 2021 Filing 3797 Motion To Exclude Certain Expert Testimony Based on Track One Arguments filed by Defendant Walmart, Inc.. (Attachments: #1 Memorandum In Support of Motion)(Majoras, John)
July 23, 2021 Filing 3796 Notice of Withdrawal of Julia M. Kavanagh for Defendant Fred's Stores of Tennessee, Inc. filed by Fred's Stores of Tennessee, Inc.. (Kavanagh, Julia)
July 23, 2021 Filing 3795 Case Management Order Applicable to Cases of Non-Participating Subdivisions Asserting Claims Against Settling Defendants. Judge Dan Aaron Polster on 7/23/21. (P,R)
July 22, 2021 Opinion or Order Filing 3794 Order Establishing Common Benefit Fee Fund and Directing Certain Payments. Judge Dan Aaron Polster on 7/22/21. (P,R)
July 22, 2021 Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Erroneous filing. Receipt #: 3824515, filed by Sarasota County Public Hospital District. (Wallace, David)
July 22, 2021 Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Erroneous filing. Receipt #: AOHNDC-10875895, filed by Sarasota County Public Hospital District. (Wallace, David)
July 22, 2021 Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Erroneous filing. Receipt #: AOHNDC-10873747, filed by Sarasota County Public Hospital District. (Wallace, David)
July 14, 2021 Filing 3789 Notice of Filing Redacted Supplemental and Amended Allegations to be Added to Short Form for Supplementing Complaint and Amending Defendants and Jury Demand filed by County of Tarrant. Related document(s) #3739 .(Janush, Evan)
July 14, 2021 Filing 3788 Amended complaint -Redacted- against Albertson's LLC, Albertsons Companies, Inc., CVS Health Corporation, CVS Health Solutions, L.L.C., CVS Indiana, L.L.C., CVS Orlando, Florida Distribution, LLC, CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, CVS Wellness Rediscovery LLC, Kroger Co., Kroger Limited Partnership I, Kroger Limited Partnership II, Safeway Inc., Sam's East, Inc., Sam's West, Inc., Smith's Food & Drug Centers, Inc., WSE Investment LLC, WSE Management, LLC, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc. and adding new party defendant(s) t, Inc. 7 The newly added defendants in this pleading are: Walgreen Co.; Walgreen Eastern Co., Inc; CVS Indiana L.L.C.; CVS Rx Services, Inc.; CVS TN Distribution, LLC; CVS Pharmacy, Inc.; CVS Health Solutions LLC; CVS Holding, Inc.; CVS Orlando FL Distribution, L.L.C.; CVS RX Services, Inc.; and CVS Wellness Rediscovery LLC; Kroger Limited Partnership I; Kroger Limited Partnership II; Smiths Food & Drug Centers, Inc.; Albertsons Companies, Inc., formerly known as Albertsons LLC; Safeway, Inc.; Wal-Mart Stores East, LP; WSE Management, LLC; WSE Investment LLC; Wal-. Filed by Board of County Commissioners of the County of Santa Fe. (Conroy, Jayne)
July 14, 2021 Filing 3787 Amended complaint -Redacted- against CVS Health Corporation, CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Georgia CVS Pharmacy, LLC, Kroger Co., Kroger Limited Partnership I, Kroger Limited Partnership II, Walmart, Inc., Publix Supermarkets, Inc., Rite Aid Corporation, Rite Aid Headquarters Corporation, Rite Aid of Georgia, Inc., Rite Aid of Maryland, Inc., Sam's East, Inc., Sam's West, Inc., WSE Investment LLC, WSE Management, LLC, Wal-Mart Stores East, LP, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc. and adding new party defendant(s) Walgreen Co.; Walgreen Eastern Co., Inc; CVS Indiana L.L.C.; CVS Rx Services, Inc.; CVS TN Distribution, LLC; CVS Pharmacy, Inc.; Georgia CVS Pharmacy, L.L.C.; Kroger Limited Partnership I; Kroger Limited Partnership II; Rite Aid Hdqtrs. Corp.; Rite Aid of Georgia, Inc.; Eckerd Corporation; Wal-Mart Stores East, LP; WSE Management, LLC; WSE Investment LLC; Wal-Mart Stores East, LLC (formerly known as Wal-Mart Stores, Inc.); Sams East, Inc.; and Sams West, Inc.. Filed by Cobb County. (Conroy, Jayne)
July 14, 2021 Filing 3786 Plaintiffs' Position Paper Regarding Sequencing of New Bellwether Cases filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Weinberger, Peter)
July 11, 2021 Filing 3785 Transcript of Telephone Status Conference Proceedings held on 07/07/2021 before Judge Dan A. Polster. To obtain a copy of this transcript please contact court reporter Heather K. Newman at (216) 357-7035. [30 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 7/19/2021. Redaction Request due 8/2/2021. Redacted Transcript Deadline set for 8/11/2021. Release of Transcript Restriction set for 10/11/2021. (N,H) Modified on 7/12/2021 (N,SE).
July 9, 2021 Filing 3784 Stipulated Notice of Dismissal Under FRCP 41(a)(1) As To Certain Track 7 Walmart Defendants filed by Walmart, Inc.. (Fumerton, Tara)
July 9, 2021 Filing 3783 Complaint with jury demand against Actavis LLC, Actavis, Inc., Allergan Finance LLC, AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, CVS Health Corporation, CVS Pharmacy Inc., Discount Drug Mart, Inc., Henry Schein Medical Systems, Inc., Johnson & Johnson, Cephalon, Inc., McKesson Corporation, Par Pharmaceutical Companies, Inc., Par Pharmaceutical Holdings, Inc., Par Pharmaceutical, Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc., Walgreen Eastern Co., Inc., Watson Laboratories, Inc.. Filing fee paid $ 402, Receipt number BOHNDC-10924661.. Filed by Lee Memorial Health System. (Hartley, Timothy)
July 9, 2021 Filing 3782 Position Paper Regarding the Sequence of Additional Bellwether Cases filed by Pharmacy Defendants (Stoffelmayr, Kaspar)
July 9, 2021 Opinion or Order Order [non-document] granting Montgomery County's Motion to dismiss CVS Health Corporation (Related Doc #3781 ). Judge Dan Aaron Polster on 7/9/21.(P,R)
July 8, 2021 Filing 3781 Unopposed Motion to dismiss party CVS Health Corporation filed by MDL Notice Only Montgomery County Board of County Commissioners. (Saltzburg, Lisa)
July 8, 2021 Filing 3780 Report of Special Master Order re Reciprocal Sharing of DEA Materials filed by David Cohen. (Cohen, David)
July 7, 2021 Filing 3779 Conditional Transfer Order (CTO 199) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
July 7, 2021 Filing 3778 Attorney Appearance by Kathryn S. Jensen filed on behalf of Publix Supermarkets, Inc. (P,R)
July 7, 2021 Minute Order [non-document] regarding Track Three Telephone Conference held on July 7, 2021. Pharmacy Defendants' Motion To Enlarge The Time To Present Their Defense (Related Doc #3773 ) is denied. The deadlines for the parties to both (1) submit the detailed jury questionnaire to Special Master Cohen and (2) exchange proposed joint preliminary statements are extended to 12:00 p.m. EDT on Friday, July 16. As previously ordered, Pharmacy Defendants' position paper regarding the ordering of the five bellwether cases is due by 12:00 p.m. EDT on Friday, July 9. (Related Doc #3771 ). Plaintiffs' response to this position paper is due by 12:00 p.m. EDT on Wednesday, July 14. Additionally, to streamline the upcoming Track Three Trial, the parties are directed to meet in person with Special Master Cohen in August to address outstanding evidentiary issues. Parties shall communicate directly with Special Master Cohen to arrange this. The next Track Three Telephone Conference is set for Wednesday, August 11 at 12:30 p.m. EDT. Counsel shall use the same dial-in instructions used for the previous teleconference, and shall submit to the Court a joint status report by 12:00 p.m. EDT on Tuesday, August 10. Judge Dan Aaron Polster on 7/7/21. Time: 40 min (P,R)
July 6, 2021 Filing 3777 Opposition to #3773 Motion Pharmacy Defendants' Motion To Enlarge The Time To Present Their Defense filed by Plaintiffs Liaison Counsel. (Weinberger, Peter)
July 6, 2021 Filing 3776 Notice of Suggestion of Death filed by Narendra Nagareddy. (Cochran, Anthony)
July 6, 2021 Filing 3775 Plaintiffs' Second Status Report Regarding Dismissals filed by Plaintiffs Liaison Counsel. Related document(s) #3748 .(Weinberger, Peter)
July 2, 2021 Filing 3774 Report of Special Master Order Compelling United HealthCare to Consent to Data Production filed by David Cohen. (Cohen, David)
July 1, 2021 Filing 3773 Motion Pharmacy Defendants' Motion To Enlarge The Time To Present Their Defense filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Exhibit 1)(Delinsky, Eric)
June 29, 2021 Filing 3772 Notice of Filing Redacted Supplemental and Amended Allegations to be Added to Short Form for Supplementing Complaint and Amending Defendants and Jury Demand filed by Montgomery County Board of County Commissioners. Related document(s) #3738 .(Saltzburg, Lisa)
June 29, 2021 Opinion or Order Filing 3771 Order Regarding Bellwether Scheduling. Signed by Judge Dan Aaron Polster on 6/28/21. (W,CM)
June 25, 2021 Filing 3770 Report of Special Master Discovery Ruling no. 14, Part 29 Regarding Walmart's Privilege Claims filed by David Cohen. (Cohen, David)
June 25, 2021 Opinion or Order Filing 3769 Track Seven Case Management Order for Montgomery County, Ohio. Signed by Judge Dan Aaron Polster on 6/25/2021. (W,CM)
June 24, 2021 Filing 3768 Conditional Transfer Order (CTO 198) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
June 23, 2021 Opinion or Order Filing 3767 Order denying Pharmacy Defendants' Motion to dismiss Montgomery County's Supplemental Complaint (Related Doc #3762 ). Judge Dan Aaron Polster on 6/23/21.(P,R)
June 23, 2021 Opinion or Order Filing 3766 Order granting Pharmacy Defendants' Motion for reconsideration. Related Doc #3763 . Judge Dan Aaron Polster on 6/23/21.(P,R)
June 22, 2021 Filing 3765 Supplemental Brief in Support of Plaintiffs' Executive Committee's and Plaintiffs Summit and Cuyahoga Counties' Agreed Motion for Payment of Summit/Cuyahoga Holdback into MDL No. 2804 Common Benefit Fund and for Reimbursement to PEC of CT1 Bellwether Costs filed by Plaintiffs Liaison Counsel. Related document(s) #3761 .(Weinberger, Peter)
June 22, 2021 Filing 3764 Response to #3763 Motion for reconsideration of Order Requiring Jurors To Be Vaccinated Or, In The Alternative, Motion For Appropriate Relief For Substantial Failure To Comply With The Jury Selection and Service Act filed by Plaintiffs Liaison Counsel. (Weinberger, Peter)
June 22, 2021 USCA Appeal Fees received $ 505 receipt number 14660132247 re #3729 Notice of Appeal. (R,AP)
June 21, 2021 Filing 3763 Motion for reconsideration of Order Requiring Jurors To Be Vaccinated Or, In The Alternative, Motion For Appropriate Relief For Substantial Failure To Comply With The Jury Selection and Service Act filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. Related document(s) #3758 . (Attachments: #1 Affidavit Declaration of John J. Connolly, #2 Exhibit Exhibit A to Declaration, #3 Exhibit Exhibit B to Declaration, #4 Exhibit Exhibit C to Declaration, #5 Exhibit Exhibit D to Declaration, #6 Exhibit Exhibit E to Declaration, #7 Exhibit Exhibit F to Declaration, #8 Exhibit Exhibit G to Declaration)(Delinsky, Eric)
June 18, 2021 Filing 3762 Motion to dismiss Supplemental Complaint filed by Oakwood CVS, Inc., WSE Management, LLC, WSE Investment LLC, CVS Health Corporation, CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Kroger Co., Kroger Limited Partnership I, Kroger Limited Partnership II, Ohio CVS Stores, LLC, Rite Aid Corporation, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Sam's East, Inc., Sam's West, Inc., Wal-Mart Stores East, Inc., Wal-Mart Stores East, LP, Walgreen Co., Walgreens Boots Alliance Inc., Walmart, Inc.. Related document(s) #3738 . (Attachments: #1 Brief in Support)(Fumerton, Tara)
June 17, 2021 Filing 3761 Plaintiffs' Executive Committee's and Plaintiffs Summit and Cuyahoga Counties' Agreed Motion for Payment of Summit/Cuyahoga Holdback into MDL No. 2804 Common Benefit Fund and for Reimbursement to PEC of CT 1 Bellwether Costs filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit Declaration of Peter H. Weinberger, #2 Proposed Order)(Weinberger, Peter)
June 16, 2021 Filing 3760 Report of Special Master Ruling Regarding Deposition of Walmart CEO McMillon filed by David Cohen. (Cohen, David)
June 14, 2021 Opinion or Order Filing 3759 Order Regarding Trial Matters. Judge Dan Aaron Polster on 6/14/21. (P,R)
June 14, 2021 Filing 3758 Track Three Civil Jury Trial Order - Final Pretrial Conference set for 9/28/2021 at 12:00 PM, Voir Dire set for 9/29/2021 at 9:00 AM, Jury Trial set for 10/4/2021 at 1:00 PM, all in Courtroom 18B before Judge Dan Aaron Polster. Judge Dan Aaron Polster on 6/14/21. (P,R)
June 11, 2021 Filing 3757 Conditional Transfer Order (CTO 197) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
June 10, 2021 Opinion or Order Order [non-document] finding moot Sarasota County Public Hospital District d/b/a Sarasota Memorial Health Care System, Inc.'s Motion for appearance pro hac vice by William E. Robertson (Related Doc. #3756 ). Per the 12/14/17 order (Doc. #4 ), the Court is not requiring pro hac vice motions. The parties may file a request for a refund for the fees paid by using the CM/ECF event "request to clerk for refund". Judge Dan Aaron Polster on 6/10/21.(P,R)
June 9, 2021 Filing 3756 Motion for attorney William E. Robertson to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10875895, filed by MDL Notice Only Sarasota County Public Hospital District. (Wallace, David)
June 9, 2021 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by David A. Wallace (Related Doc #3755 ). Judge Dan Aaron Polster on 6/9/21.(P,R)
June 8, 2021 Filing 3755 Motion for attorney David A. Wallace to Appear Pro Hac Vice. Filing fee $ 120, receipt number AOHNDC-10873747, filed by MDL Notice Only Sarasota County Public Hospital District. (Wallace, David)
June 8, 2021 Filing 3754 Transfer Order by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
June 4, 2021 Filing 3753 Transcript of Stuatus Conference held on June 2nd, 2021 before Judge Dan A. Polster. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [24 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 6/11/2021. Redaction Request due 6/25/2021. Redacted Transcript Deadline set for 7/5/2021. Release of Transcript Restriction set for 9/2/2021. (S,G)
June 4, 2021 Opinion or Order Filing 3752 Order by the Judicial Panel on Multidistrict Litigation lifting stay of CTO 195 and transferring case to the Northern District of Ohio. (P,R)
June 4, 2021 Filing 3751 Returned Mail addressed to Party Jason Hall. Insufficient Address, Unable to Forward. (Related document(s) #3729 ) (H,SP)
June 3, 2021 Opinion or Order Filing 3750 Order regarding Track Three telephone conference held on 6/2/21. Pharmacy Defendants' Motion to Strike granted #3734 ; Plaintiffs' Motion to Bifurcate granted #3741 ; Pharmacy Defendants' request for an extension of deadline to submit proposed case management ordes granted, proposed CMOs are now due by June 9, 2021. The next Track Three Telephone Conference set for 7/7/2021 at 1:00 PM. Judge Dan Aaron Polster on 6/3/21. (P,R)
June 3, 2021 Filing 3749 Conditional Transfer Order (CTO 196) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
June 2, 2021 Filing 3748 Plaintiffs' Status Report filed by Plaintiffs Liaison Counsel. (Weinberger, Peter)
June 1, 2021 Filing 3747 Reply in support of #3741 Motion to Strike Millions of Additional Untimely Identified Prescriptions filed by CVS Pharmacy Inc., Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Stoffelmayr, Kaspar)
June 1, 2021 Filing 3746 Opposition to #3734 Motion to bifurcate Bellwether Claims for Separate Nuisance Trials, and to Stay Remaining Claims filed by Albertsons Companies, Inc., CVS Health Corporation, CVS Health Solutions, L.L.C., CVS Indiana, L.L.C., CVS Orlando, Florida Distribution, LLC, CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Caremark, L.L.C., Eckerd Corporation, Georgia CVS Pharmacy, LLC, Kroger Co., Kroger Limited Partnership I, Kroger Limited Partnership II, Ohio CVS Stores, LLC, Omnicare Distribution Center LLC, Omnicare, Inc., Publix Supermarkets, Inc., Rite Aid Corporation, Rite Aid Headquarters Corporation, Rite Aid of Georgia, Inc., Rite Aid of Maryland, Inc., Rite Aid of North Carolina, Inc., Rite Aid of Ohio, Inc., Smith's Food & Drug Centers, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Stoffelmayr, Kaspar)
June 1, 2021 Filing 3745 Second Status Report on Zero Market Share Dismissals filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Stoffelmayr, Kaspar)
June 1, 2021 Filing 3744 Motion to Appoint Jayne Conroy as Co-Lead Counsel filed by Plaintiff Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit 1 - declaration)(Weinberger, Peter)
June 1, 2021 Filing 3743 Opposition to #3741 Motion to Strike Millions of Additional Untimely Identified Prescriptions filed by Plaintiffs Liaison Counsel. (Weinberger, Peter)
June 1, 2021 Opinion or Order Order [non-document] granting Plaintiffs' Motion to Appoint Jayne Conroy as Co-Lead Counsel (Related Doc #3744 ). Judge Dan Aaron Polster on 6/1/21.(P,R)
May 27, 2021 Filing 3742 Address Change Notice for Mark H. Troutman and Shawn Judge by Mark H. Troutman filed by on behalf of Butler County Board of Commissioners. (Troutman, Mark)
May 26, 2021 Filing 3741 Motion to Strike Millions of Additional Untimely Identified Prescriptions filed by CVS Pharmacy Inc., Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - 5/7/2021 MDL Hrg Tr., #3 Exhibit 3 - McCann May 19 Report Excerpt)(Stoffelmayr, Kaspar)
May 19, 2021 Filing 3740 SEALED Document:Durham County's Supplemental and Amended Allegations to be added to "Short Form for Supplementing Complaint and Amending Defendants and Jury Demand" filed by Durham County. Related document(s) #3733 . (Fuller, Michael)
May 19, 2021 Filing 3739 SEALED Document:PLAINTIFF TARRANT COUNTYS SUPPLEMENTAL AND AMENDED ALLEGATIONS TO BE ADDED TO "SHORT FORM FOR SUPPLEMENTING COMPLAINT AND AMENDING DEFENDANTS AND JURY DEMAND" filed by County of Tarrant. Related document(s) #3733 . (Janush, Evan)
May 19, 2021 Filing 3738 SEALED Document:Plaintiff Montgomery County's Supplemental and Amended Allegations to be Added to Short Form for Supplementing Complaint and Amending Defendants and Jury Demand filed by Montgomery County Board of County Commissioners. Related document(s) #3733 . (Saltzburg, Lisa)
May 19, 2021 Filing 3737 SEALED Document:Board of County Commissioners of the County of Santa Fe's Supplemental and Amended Allegations to be added to "Short Form for Supplementing Complaint and Amending Defendants and Jury Demand" filed by Board of County Commissioners of the County of Santa Fe. Related document(s) #3733 . (Hanly, Paul)
May 19, 2021 Filing 3736 SEALED Document:Cobb County's Supplemental and Amended Allegations to be added to "Short Form for Supplementing Complaint and Amending Defendants and Jury Demand" filed by Cobb County. Related document(s) #3733 . (Hanly, Paul)
May 19, 2021 Filing 3735 Report of Special Master Second Revised Case Management Order for Track Three filed by David Cohen. Related document(s) #3595 , #3329 . (Cohen, David)
May 19, 2021 Filing 3734 Motion to bifurcate Bellwether Claims for Separate Nuisance Trials, and to Stay Remaining Claims filed by Plaintiff Plaintiffs Liaison Counsel. (Weinberger, Peter)
May 19, 2021 Acknowledgment from the USCA for Sixth Circuit of receipt of #3729 Notice of Appeal (USCA# 21-3460). Date filed in USCA 5/18/21. (H,SP)
May 18, 2021 Filing 3733 Marginal Entry Order granting Plaintiffs' Motion for leave to file under seal. Defendants are directed to indicate to Plaintiffs on or before May 24, 2021 whether they will assert any redactions #3731 ). Judge Dan Aaron Polster on 5/18/21.(P,R)
May 18, 2021 Filing 3732 Notice of Change of Law Firm Name and Email Address filed by Local 713 I.B.O.T.U. Welfare Fund, CWA Local 1182 & 1183 Health & Welfare Funds, Municipality of Adjuntas, Puerto Rico, Municipality of Barceloneta, Puerto Rico, Municipality of Cidra, Puerto Rico, Municipality of Coamo, Puerto Rico, Southern Tier Building Trades Benefit Plan, Allied Security Health and Welfare Fund, Amalgamated Union Local 450-A Welfare Fund, Building Trades Welfare Benefit Fund, City of Harrisburg, Illinois, City of Princeton, Illinois, County of Hudson, Drywall Tapers Insurance Fund, I-Kare Treatment Center, LLC, International Union of Painters and Allied Trades 1974, Laborers Local 235 Welfare Fund, Local 22 Health Benefit Fund, Local 8A-28A Welfare Fund, Municipality of Arroyo Puerto Rico, Municipality of Bayamon, Puerto Rico, Municipality of Caguas, Municipality of Catano, Puerto Rico, Municipality of Cayey, Municipality of Ceiba, Puerto Rico, Municipality of Guayanilla, Municipality of Loiza, Puerto Rico, Municipality of Sabana Grande, Nassau University Medical Center, Painting Industry Insurance Fund, Westchester Heavy Construction Laborers Local 60 Health & Welfare Fund, Winston Medical Center. (Kassan, Randi)
May 18, 2021 Filing 3731 Motion for Leave to File Complaints Under Seal filed by Plaintiff Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit A - SM Cohen Email, #2 Exhibit B - Court's Order, #3 Proposed Order)(Weinberger, Peter)
May 17, 2021 Filing 3730 Marginal Entry Order denying Motion for reconsideration filed by Jackie Brooks, Mark Brown, Jason Hall, Jerome Roberts, Salih, Waltona Winchester. Related Doc #3728 (Order mailed to filers 5/17/21). Judge Dan Aaron Polster on 5/17/21.(P,R)
May 17, 2021 Filing 3729 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #3708 Order on Motion to intervene as a party, filed by Jackie Brooks, Mark Brown, Jason Hall, Jerome Roberts, Salih, Waltona Winchester. Filing fee not paid.(Attachments: #1 Motion for Stay, addressed to Court of Appeals, #2 Envelope) (H,SP)
May 17, 2021 Filing 3728 Motion for reconsideration, or in the alternative, Notice of Appeal filed by Jackie Brooks, Mark Brown, Jason Hall, Jerome Roberts, Salih, Waltona Winchester. (Related document(s) #3708 ). (Attachments: #1 Affidavit of Salih) (H,SP)
May 10, 2021 Filing 3727 Report of Special Master Discovery Ruling no. 14, Part 28 Regarding Walmart's Privilege Claims filed by David Cohen. (Cohen, David)
May 10, 2021 Filing 3726 Amended Order Regarding Red Flagged Prescriptions and Associated Notes Fields Data. Next Track Three Telephone Conference set for 6/2/2021 at 1:00 PM. Judge Dan Aaron Polster on 5/10/21. (P,R)
May 10, 2021 Opinion or Order Filing 3725 Order Regarding Red Flagged Prescriptions and Associated Notes Fields Data. Judge Dan Aaron Polster on 5/10/21. (P,R)
May 10, 2021 Filing 3724 Conditional Transfer Order (CTO 193) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
May 7, 2021 Filing 3723 Transcript of Status Conference Proceedings held on May 7, 2021 before Judge Dan A. Polster. To obtain a copy of this transcript please contact court reporter Sue Trischan at 216-357-7087 or Susan_Trischan@ohnd.uscourts.gov. [41 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 5/14/2021. Redaction Request due 5/28/2021. Redacted Transcript Deadline set for 6/7/2021. Release of Transcript Restriction set for 8/5/2021. (T,S)
May 7, 2021 Filing 3722 Reply in support of Pharmacy Defendants' Motion to Strike Untimely Identified Prescriptions That Plaintiffs Contend Caused Harm for Which They Seek Relief and Certain Exhibits filed by CVS Pharmacy Inc., Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. Related document(s) #3716 , #3719 , #3714 , #3712 . (Stoffelmayr, Kaspar)
May 6, 2021 Filing 3721 SEALED Document:Exhibits 2 and 3 to Plaintiffs' Opposition to Pharmacy Defendants' Motion to Strike Untimely Prescriptions filed by Plaintiffs Liaison Counsel. Related document(s) #3720 , #3719 . (Attachments: #1 Exhibit 2, #2 Exhibit 3)(Weinberger, Peter)
May 6, 2021 Filing 3720 Marginal Entry Order granting Plaintiffs' Motion for leave to file exhibits under seal (Related Doc #3718 ). Judge Dan Aaron Polster on 5/6/21.(P,R)
May 6, 2021 Filing 3719 Opposition to #3712 Motion Leave to File Under Seal Pharmacy Defendants Motion to Strike Untimely Identified Prescriptions That Plaintiffs Contend Caused Harm for Which They Seek Relief and Certain Exhibits, #3718 Motion to seal Exhibits 2 and 3 to Plaintiffs' Opposition to Pharmacy Defendants' Motion to Strike Untimely Prescriptions filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit 1-Red Flag Computation Chart, #2 Exhibit 2-filed under seal, #3 Exhibit 3-filed under seal, #4 Exhibit 4-6.19.20 Response, #5 Exhibit 5-5.4.21 Email)(Weinberger, Peter)
May 6, 2021 Filing 3718 Motion for leave to file under seal Exhibits 2 and 3 to Plaintiffs' Opposition to Pharmacy Defendants' Motion to Strike Untimely Prescriptions filed by Plaintiffs. (Weinberger, Peter)
May 6, 2021 Filing 3717 Address Change Notice for Mark H. Troutman and Shawn Judge by Mark H. Troutman filed by on behalf of Clinton County Board of Commissioners. (Troutman, Mark)
May 4, 2021 Filing 3716 SEALED Document:Pharmacy Defendants' Motion to Strike Untimely Identified Prescriptions That Plaintiffs Contend Caused Harm for Which They Seek Relief filed by CVS Pharmacy Inc., Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. Related document(s) #3714 , #3712 . (Stoffelmayr, Kaspar)
May 4, 2021 Filing 3715 Report of Special Master Order on Walmart's Motion to Compel the Veterans Administration to Produce Discovery filed by David Cohen. (Cohen, David)
May 4, 2021 Filing 3714 Marginal Entry Order granting Pharmacy Defendants' Motion for Leave to File Under Seal (Related Doc #3712 ). Judge Dan Aaron Polster on 5/4/21.(P,R)
May 4, 2021 Filing 3713 Conditional Transfer Order (CTO 192) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
May 3, 2021 Filing 3712 Motion Leave to File Under Seal Pharmacy Defendants Motion to Strike Untimely Identified Prescriptions That Plaintiffs Contend Caused Harm for Which They Seek Relief and Certain Exhibits filed by CVS Pharmacy Inc., Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Exhibit Pharmacy Defendants' Motion to Strike Untimely Identified Prescriptions That Plaintiffs Contend Caused Harm for Which They Seek Relief, #2 Proposed Order)(Stoffelmayr, Kaspar)
May 3, 2021 Opinion or Order Filing 3711 Order Regarding Florida Dispensing Data. Judge Dan Aaron Polster on 5/3/21. (P,R)
May 3, 2021 Opinion or Order Filing 3710 Order Regarding the Sharing of Confidential MDL Non-dispensing Data Discovery Information with the Attorneys General of Hawaii, Michigan, and Mississippi. Judge Dan Aaron Polster on 5/3/21. (P,R)
April 30, 2021 Filing 3709 Status Report on Zero Market Share Dismissals filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Eckerd Corporation, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stoffelmayr, Kaspar)
April 29, 2021 Filing 3708 Marginal Entry Order denying Movants' Motion for Leave to Intervene (Related Doc #3706 ). Judge Dan Aaron Polster on 4/29/21. (Order mailed to Movants via U.S. Mail)(P,R)
April 29, 2021 Filing 3707 Report of Special Master Order Granting in Part Defendants' Request to Compel Production from CMS filed by David Cohen. (Cohen, David)
April 29, 2021 Filing 3706 Motion for Leave to Intervene filed by Salih, Mark Brown, Jason Hall, Jerome Roberts, Waltona Winchester, Jackie Brooks. (P,R)
April 29, 2021 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. On April 28, 2021, the Court held a videoconference with the PEC and counsel and client representatives of AmerisourceBergen, Cardinal, McKesson, and Johnson & Johnson. The Court discussed with counsel the status of their settlement negotiations. As stated during the conference, the next two Settlement videoconferences are scheduled for Friday, May 7 at 10:00 a.m. EDT and Monday, May 17 at 2:30 p.m. EDT. Counsel shall submit privately to the Court joint status reports for these meetings by Thursday, May 6 at 4:00 p.m. EDT and Sunday, May 16 at 4:00 p.m. EDT respectively. For both videoconferences, counsel shall use the same Zoom dial-in instructions used for the April 28 teleconference. Time: 45 min (P,R)
April 27, 2021 Filing 3705 Opposition to Certain Defendants' Objection to the Protective Order Permitting the Sharing of Confidential MDL Non-Dispensing Data Discovery with the Attorneys General of Hawaii, Michigan and Mississippi (Doc. 3666) filed by Plaintiff Counsel. Related document(s) #3701 . (Attachments: #1 Exhibit A - March 2021 email chain re prior sharing) (Pifko, Mark)
April 27, 2021 Filing 3704 Reply In Support Of CVS and Walgreens' Objection To The Order Regarding Florida Dispensing Data filed by CVS Pharmacy Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. Related document(s) #3698 . (Attachments: #1 Exhibit 1 - September 24, 2019 Letter to Special Master David Cohen, #2 Exhibit 2 - March 22, 2018 Email to Special Masters, #3 Exhibit 3 - May 5, 2020 Email to Special Master David Cohen) (Delinsky, Eric)
April 21, 2021 Filing 3702 Conditional Transfer Order (CTO 191) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
April 20, 2021 Filing 3701 Objection to Special Master Cohens Protective Order Permitting the Sharing of Confidential MDL Non-Dispensing Data Discovery Information with the Attorney Generals of Hawaii, Michigan and Mississippi (Doc. 3666) filed by Eckerd Corporation, Giant Eagle, Inc., Kroger Co., Kroger Limited Partnership I, Kroger Limited Partnership II, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc.. Related document(s) #3666 . (Attachments: #1 Exhibit A - Special Master Cohen's March 30, 2021 Protective Order) (Barnes, Robert)
April 19, 2021 Filing 3700 Amended Report of Special Master *Corrected* Order Setting Deadlines re: DR-22, and Order Granting Motions to Compel and for Sanctions filed by David Cohen. Related document(s) #3699 . (Cohen, David)
April 16, 2021 Filing 3699 Report of Special Master Order Setting Deadlines re: DR-22, and Order Granting Motions to Compel and for Sanctions filed by David Cohen. (Cohen, David)
April 16, 2021 Filing 3698 Objection To The Order Regarding Florida Dispensing Data filed by CVS Pharmacy Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. Related document(s) #3667 . (Attachments: #1 Exhibit A - Letter to Special Master Cohen regarding Florida dispensing data, #2 Exhibit B - Letter to Special Master Cohen, #3 Exhibit C - Letter reply to Special Master Cohen regarding Florida dispensing data, #4 Exhibit D - Letter to Special Master Cohen) (Delinsky, Eric)
April 16, 2021 Filing 3697 Stipulation of dismissal as to Defendant Brandon Worley filed by Defendant Brandon Worley. (Werner, Paul)
April 16, 2021 Filing 3696 Stipulation of dismissal as to Defendant Brandon Worley filed by Defendant Brandon Worley. (Werner, Paul)
April 16, 2021 Filing 3695 Stipulation of dismissal as to Defendant Brandon Worley filed by Defendant Brandon Worley. (Werner, Paul)
April 16, 2021 Filing 3694 Notice of Withdrawal of Counsel for Defendant Cardinal Health, Inc. filed by Cardinal Health, Inc.. (Jonke, Kevin)
April 16, 2021 Filing 3693 Report of Special Master Discovery Ruling no. 14, Part 27 Regarding Plaintiffs' Claw-back Documents filed by David Cohen. (Cohen, David)
April 13, 2021 Filing 3692 Report of Special Master Order Clarifying Docket no. 3395 filed by David Cohen. Related document(s) #3395 . (Cohen, David)
April 13, 2021 Filing 3691 Report of Special Master Discovery Ruling no. 14, Part 26 Regarding Walgreens' Privilege Claims filed by David Cohen. (Cohen, David)
April 13, 2021 Filing 3690 Conditional Transfer Order (CTO 190) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
April 9, 2021 Opinion or Order Filing 3689 Order Overruling CVS's and Walmart's Objections to #3655 the Special Master's Order Regarding Various Discovery Issues. Judge Dan Aaron Polster on 4/9/21. (P,R)
April 9, 2021 Opinion or Order Filing 3688 Order regarding Telephone Conference held on 4/7/21. The Court selected five cases for trial in new litigation tracks against the Pharmacy Defendants. The parties shall file proposed case management schedules for each of the five cases by 12:00 p.m. EDT on April 28, 2021. The next Track Three Telephone Conference set for 5/7/2021 at 1:00 PM. Judge Dan Aaron Polster on 4/9/21. (P,R)
April 8, 2021 Filing 3687 Report of Special Master Discovery Ruling no. 14, Part 25 Regarding Walmart's Privilege Claims filed by David Cohen. (Cohen, David)
April 8, 2021 Filing 3686 Reply In Support of Walmart Inc.'s Objection to Special Master Cohen's Order on Agenda Item 304 Regarding Geographic Scope filed by Walmart, Inc.. Related document(s) #3661 .(Fumerton, Tara)
April 7, 2021 Filing 3685 Transcript of Status Conference held on April 7, 2021 before Judge Dan A. Polster. To obtain a copy of this transcript please contact court reporter Sue Trischan at Susan_Trischan@ohnd.uscourts.gov or 216-357-7087. [18 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 4/14/2021. Redaction Request due 4/28/2021. Redacted Transcript Deadline set for 5/10/2021. Release of Transcript Restriction set for 7/6/2021. (T,S)
April 7, 2021 Filing 3684 SEALED Document:Plaintiffs' Opposition to Walmart Inc.'s Objection to Special Master Cohen's Order on Agenda Item 304 Regarding Geographic Scope (Doc 3655) filed by Plaintiffs Liaison Counsel. Related document(s) #3683 , #3655 , #3661 , #3662 . (Attachments: #1 Exhibit Declaration of Alison Gaffney)(Weinberger, Peter)
April 6, 2021 Filing 3683 Marginal Entry Order granting Plaintiffs' Motion to file under seal Opposition to Walmart Inc.'s Objection to Special Master Cohen's Order (Related Doc #3679 ). Judge Dan Aaron Polster on 4/6/21.(P,R)
April 6, 2021 Filing 3682 Report of Special Master Order Clarifying Discovery Ruling No. 24 filed by David Cohen. Related document(s) #3658 . (Cohen, David)
April 5, 2021 Filing 3681 Supplemental Filing to Bellwether Position Paper filed by Pharmacy Defendants filed by Walmart, Inc.. (Attachments: #1 Exhibit A - Preliminary List of 507 MDL Cases Naming Rite Aid In Jurisdictions Where Rite Aid Had No Pharmacies, #2 Exhibit B - Preliminary List of 301 MDL Cases Naming Walgreens Despite Zero Market Share in ARCOS Data, #3 Exhibit C - Preliminary List of 224 MDL Cases Naming Walmart Despite Zero Market Share in ARCOS Data)Related document(s) #3672 , #3674 , #3649 .(Fumerton, Tara)
April 5, 2021 Filing 3680 Report of Special Master Discovery Ruling No. 25 Regarding CVS's "Tribune Root Cause Analysis" filed by David Cohen. (Cohen, David)
April 5, 2021 Filing 3679 Motion to seal Opposition to Walmart Inc.'s Objection to Special Master Cohen's Order on Agenda Item 304 Regarding Geographic Scope (Doc 3655) filed by Plaintiff Plaintiffs Liaison Counsel. (Weinberger, Peter)
April 5, 2021 Filing 3678 Opposition to Defendant CVS's Objections to the Order Regarding Various Discovery Issues filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit A Plaintiffs' 1.8.21 correspondence, #2 Exhibit B Defendant's 1.18.21 correspondence)Related document(s) #3659 .(Weinberger, Peter)
April 5, 2021 Opinion or Order Filing 3677 Order overruling #3663 Rite Aid's objection and denying #3664 Pharmacy Defendants' Motion for reconsideration of Order Regarding Additional Bellwethers. Judge Dan Aaron Polster on 4/5/21.(P,R)
April 2, 2021 Filing 3676 Withdrawal of Appearance of Albert Moran on Behalf of NonParty Paul Andrew Pyfer filed by Paul Pyfer. (Moran, Albert)
April 1, 2021 Filing 3675 Report of Special Master Order Regarding 30(b)(6) Deposition Documents filed by David Cohen. (Cohen, David)
March 31, 2021 Filing 3674 Bellwether Position Paper filed by Pharmacy Defendants Related document(s) #3649 .(Fumerton, Tara)
March 31, 2021 Filing 3673 Notice by Tyrone C. Means to withdraw as attorney filed by MDL Notice Only Montgomery County. (Means, Tyrone)
March 31, 2021 Filing 3672 Submission Regarding Pharmacy Bellwether Cases filed by Plaintiffs Executive Committee. (Attachments: #1 Exhibit A)(Weinberger, Peter)
March 31, 2021 Filing 3671 Transfer Order by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
March 31, 2021 Filing 3670 Motion to lift stay and Motion to Dismiss filed by Defendant Brandon Worley. Related document(s) #3669 . (Attachments: #1 Complaint, #2 Complaint, #3 Complaint, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(Werner, Paul)
March 31, 2021 Filing 3669 Letter To The Court filed by Brandon Worley. (Werner, Paul)
March 31, 2021 Opinion or Order Order [non-document] - As stated during the March 10th telephone conference, the next Track Three teleconference is scheduled for April 7, 2021 at 12:00 p.m. Counsel shall use the same dial-in instructions used for the previous teleconference. Judge Dan Aaron Polster on 3/31/21. (P,R)
March 30, 2021 Filing 3668 Address Change Notice by Michael Jay Fuller, Jr filed by on behalf of All Plaintiffs. (Fuller, Michael)
March 30, 2021 Filing 3667 Report of Special Master Order Regarding Florida Dispensing Data filed by David Cohen. (Cohen, David)
March 30, 2021 Filing 3666 Report of Special Master Protective Order Regarding Sharing of MDL Discovery with Attorneys General of Hawaii, Michigan and Mississippi filed by David Cohen. (Cohen, David)
March 30, 2021 Filing 3665 Report of Special Master Discovery Ruling no. 14, Part 24 Regarding Walgreens Privilege Claims filed by David Cohen. (Cohen, David)
March 29, 2021 Filing 3664 Motion for reconsideration of Order Regarding Additional Bellwethers on behalf of Pharmacy Defendants filed by Defendant Walmart, Inc.. Related document(s) #3649 . (Fumerton, Tara)
March 26, 2021 Filing 3663 Notice of Objection to the Court's Order Regarding Further Bellwether Cases filed by Eckerd Corporation, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc.. Related document(s) #3649 .(Moore, Kelly)
March 24, 2021 Filing 3662 SEALED Document:Exhibit G to Walmart's Objection to Order Regarding Various Discovery Issues filed by Walmart, Inc.. Related document(s) #441 , #3661 , #3660 . (Fumerton, Tara)
March 24, 2021 Filing 3661 Objection To The Order Regarding Various Discovery Issues filed by Walmart, Inc.. Related document(s) #3655 . (Attachments: #1 Exhibit A - SM Cohen Order on Agenda 304, #2 Exhibit B - 7/21/2020 Court Order, #3 Exhibit C - 6/11/2020 Hearing Transcript Excerpt, #4 Exhibit D - SM Cohen 7/8/2020 Order, #5 Exhibit E - SM Cohen 8/12/2020 Order, #6 Exhibit F - 2/5/2021 Jones Day Letter to SM Cohen, #7 Exhibit G - Under Seal, #8 Exhibit H - 6/30/2020 Email from Pete Weinberger, #9 Exhibit I - 7/7/2020 Email from Pete Weinberger) (Fumerton, Tara)
March 24, 2021 Filing 3660 Motion to seal document Exhibit G to Walmart's Objection to Special Master Cohen's Order Regarding Geographic Scope filed by Defendant Walmart, Inc.. (Fumerton, Tara)
March 24, 2021 Filing 3659 Objection To The Order Regarding Various Discovery Issues filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Ohio CVS Stores, LLC. Related document(s) #3655 . (Delinsky, Eric)
March 23, 2021 Filing 3658 Report of Special Master Discovery Ruling no. 24 Regarding Track One Privilege Claims filed by David Cohen. (Cohen, David)
March 22, 2021 Filing 3657 Conditional Transfer Order (CTO 189) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
March 20, 2021 Filing 3656 Amended Report of Special Master Discovery Ruling no. 14, Part 22 Regarding Walmart's Privilege Claims filed by David Cohen. Related document(s) #3650 . (Cohen, David)
March 16, 2021 Filing 3655 Report of Special Master Order Regarding Various Discovery Issues filed by David Cohen. (Cohen, David)
March 15, 2021 Filing 3654 Transcript of Telephone Status held on March 10th, 2021 before Judge Dan A. Polster. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [23 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 3/22/2021. Redaction Request due 4/5/2021. Redacted Transcript Deadline set for 4/15/2021. Release of Transcript Restriction set for 6/14/2021. (S,G)
March 12, 2021 Filing 3653 Suggestion of Death filed by Michael Dipre. (Vaulding, Lori)
March 11, 2021 Filing 3652 Report of Special Master Discovery Ruling no. 14, Part 23 Regarding Walmart's Privilege Claims filed by David Cohen. (Cohen, David)
March 11, 2021 Filing 3651 Marginal Entry Order denying Plaintiffs' Motion to Amend Ruling Regarding Re-Deposition of Expert Witness. (Related Doc #3643 ). Parties are directed to meet and confer with each other and Special Master Cohen and determine how best to ensure non-repetitive depositions of experts and third parties. Judge Dan Aaron Polster on 3/11/21.(P,R)
March 11, 2021 Filing 3650 Report of Special Master Discovery Ruling no. 14, Part 22 Regarding Walmart's Privilege Claims filed by David Cohen. (Cohen, David)
March 11, 2021 Opinion or Order Filing 3649 Order - Telephone Conference held on 3/10/21 Time: 30 min. On or before March 31, 2021, the parties must confer and submit a list five representative cases to proceed to trial. Judge Dan Aaron Polster on 3/11/21. (P,R)
March 11, 2021 Filing 3648 Conditional Transfer Order (CTO 188) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
March 9, 2021 Filing 3647 Opposition to Plaintiffs' Motion to Revise the Order Regarding Time Limits for Expert Depositions filed by CVS Pharmacy Inc., Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc. Related document(s) #3643 . (Stoffelmayr, Kaspar)
March 9, 2021 Opinion or Order Filing 3646 Order regarding Special Master. Judge Dan Aaron Polster on 3/9/21. (P,R)
March 8, 2021 Filing 3645 Report of Special Master Discovery Ruling no. 14, Part 21 Regarding Walgreens' Privilege Claims filed by David Cohen. (Cohen, David)
March 4, 2021 Filing 3644 Opinion and Order denying NAS Guardians' Motion for reconsideration. Related Doc #3630 . Judge Dan Aaron Polster on 3/4/21.(P,R)
March 3, 2021 Filing 3643 Motion to Amend Ruling Regarding Re-Deposition of Expert Witnesses filed by County of Lake, County of Trumbull. (Weinberger, Peter)
March 2, 2021 Filing 3642 Report of Special Master Discovery Ruling no. 14, Part 20 Regarding Rite Aid's Privilege Claims filed by David Cohen. (Cohen, David)
March 2, 2021 Filing 3641 Conditional Transfer Order (CTO 187) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
March 1, 2021 Filing 3640 Report of Special Master Discovery Ruling no. 14, Part 19 Regarding Walgreens' Privilege Claims filed by David Cohen. (Cohen, David)
March 1, 2021 Filing 3639 Report of Special Master Discovery Ruling no. 14, Part 18 Regarding Plaintiffs Privilege Claims filed by David Cohen. (Cohen, David)
March 1, 2021 Filing 3638 Sealed Document Opposition to #3630 Motion for reconsideration of NAS Guardians Motion for Class Certification filed by Actavis LLC, Actavis Pharma, Inc., Actavis, Inc., Allergan Finance LLC, Allergan PLC, Allergan Sales, LLC, Allergan USA, Inc., AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Anda, Inc., Assertio Therapeutics, Inc., CVS Health Corporation, CVS Indiana, L.L.C., CVS RX Services, Inc., Cardinal Health, Inc., Cephalon, Inc., Costco Wholesale Corporation, Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., H. D. Smith Holding Company, H. D. Smith Holdings, LLC, H. D. Smith, LLC, HBC Service Company, Indivior, Inc., Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, McKesson Corporation, Noramco, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc., Prescription Supply Inc, Rite Aid of Maryland, Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc., Watson Laboratories, Inc.. (Lynch, Mark)
March 1, 2021 Opinion or Order Filing 3637 Order granting Defendants' Motion to file under seal Defendants' Opposition to NAS Plaintiffs' Motion for Reconsideration (Related Doc #3636 ). Judge Dan Aaron Polster on 3/1/21.(P,R)
February 26, 2021 Filing 3636 Motion to file under seal Defendants' Opposition to NAS Plaintiffs' Motion for Reconsideration filed by Actavis LLC, Actavis Pharma, Inc., Allergan Finance LLC, Allergan PLC, Allergan Sales, LLC, Allergan USA, Inc., AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Anda, Inc., Assertio Therapeutics, Inc., CVS Health Corporation, CVS Indiana, L.L.C., CVS RX Services, Inc., Cardinal Health, Inc., Cephalon, Inc., Costco Wholesale Corporation, Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., H. D. Smith Holding Company, H. D. Smith Holdings, LLC, H. D. Smith, LLC, HBC Service Company, Indivior, Inc., Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, McKesson Corporation, Noramco, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc., Prescription Supply Inc, Rite Aid of Maryland, Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc., Watson Laboratories, Inc.. Related document(s) #3630 . (Attachments: #1 Exhibit - Defendants' Opposition to NAS Plaintiffs' Motion for Reconsideration, #2 Proposed Order)(Lynch, Mark)
February 22, 2021 Filing 3635 Conditional Transfer Order (CTO 186) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
February 19, 2021 Filing 3634 Report of Special Master Discovery Ruling no. 14, Part 17 Regarding Walmart Privilege Claims filed by David Cohen. (Cohen, David)
February 16, 2021 Filing 3633 Report of Special Master Order Regarding Production of "Similar" Documents with Privilege Claims filed by David Cohen. (Cohen, David)
February 16, 2021 Filing 3632 SEALED Document:Supplemental Declaration of Dr. Kanwlajeet Anand in Support of The Nas Guardianss Reply in Reconsideration Their Motion for Class Certification with Appendix filed by Jennifer Artz, Melissa Barnwell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons. Related document(s) #441 , #3630 . (Attachments: #1 Appendix)(Dann, Marc)
February 16, 2021 Filing 3631 SEALED Document:Supplemental Declaration of Dr. Kanwlajeet Anand in Support of The Nas Guardianss Reply in Reconsideration Their Motion for Class Certification filed by Jennifer Artz, Melissa Barnwell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons. Related document(s) #441 , #3630 . (Dann, Marc)
February 16, 2021 Filing 3630 Motion for reconsideration of NAS Guardians Motion for Class Certification filed by Jennifer Artz, Jennifer Artz, Melissa Barnwell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons. Related document(s) #3622 , #3623 . (Attachments: #1 Supplement Supplemental Declaration of Dr. Kanwlajeet Anand in Support of The Nas Guardianss Reply in Reconsideration Their Motion for Class Certification)(Dann, Marc)
February 11, 2021 Filing 3629 Corporate Disclosure Statement filed by Morris & Dickson Co LLC. (Attachments: #1 Exhibit Proof of Service)(Spruiell, Frank)
February 11, 2021 Filing 3628 Attorney Appearance by Frank H. Spruiell, Jr filed by on behalf of Morris & Dickson Co LLC. (Attachments: #1 Exhibit Proof of Service)Related document(s) #3625 .(Spruiell, Frank)
February 11, 2021 Filing 3627 Transcript of Telephonic Status Conference held on 2/10/2021 before Judge Dan Aaron Polster. To obtain a copy of this transcript please contact court reporter Donnalee Cotone at 216-357-7078 or email donnalee_cotone@ohnd.uscourts.gov. [8 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 2/18/2021. Redaction Request due 3/4/2021. Redacted Transcript Deadline set for 3/15/2021. Release of Transcript Restriction set for 5/12/2021. (C,Do)
February 10, 2021 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. On February 10, 2021, the Court held a teleconference with counsel for the Track Three parties. The Court discussed with counsel the status of Track Three. The Court will hold the next Track Three teleconference on March 10, 2021 at 1:30 p.m. Counsel shall submit to the Court a joint status report no later than 12:00 PM on March, 9, 2021. Counsel shall use the same dial-in instructions used for today's teleconference. Time: 5 min. Court Reporter: Donnalee Cotone (P,R)
February 9, 2021 Filing 3626 Transfer Order by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
February 4, 2021 Filing 3625 Conditional Transfer Order (CTO 185) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
February 2, 2021 Filing 3624 Appeal Order from USCA for the Sixth Circuit: Granting petitioners' motion to voluntarily dismiss the writ of mandamus re #3613 (USCA# 21-3041). Date issued by USCA 1/28/21 (H,SP)
February 1, 2021 Filing 3623 Opinion and Order (sealed) denying NAS Guardians' Motion for class certification (Related Doc #3066 ). Judge Dan Aaron Polster on 2/1/21. (P,R)
February 1, 2021 Filing 3622 Opinion and Order (redacted) denying NAS Guardians' Motion for class certification (Related Doc #3066 ). Judge Dan Aaron Polster on 2/1/21.(P,R)
January 25, 2021 Filing 3621 Conditional Transfer Order (CTO 184) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (W,CM)
January 22, 2021 Filing 3620 Notice of Termination of Counsel Lynne H. Buck filed by U.S. Department of Justice, Drug Enforcement Administration. (Buck, Lynne)
January 21, 2021 Filing 3619 Unopposed Motion to Dismiss Rite Aid Corporation filed by Plaintiff Plaintiffs Executive Committee. (Weinberger, Peter)
January 21, 2021 Opinion or Order Order [non-document] granting Plaintiffs' Motion to Dismiss Rite Aid Corporation from Track Three cases (Related Doc #3619 ). Judge Dan Aaron Polster on 1/21/21.(P,R)
January 19, 2021 Filing 3618 Conditional Transfer Order (CTO 183) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
January 19, 2021 Filing 3617 Address Change Notice by Robert J. Gilbertson filed by on behalf of Prime Therapeutics, LLC. (Gilbertson, Robert)
January 15, 2021 Filing 3616 Objection to Plaintiffs' Response to the Court's Request for Input Regarding Statutes and Regulations to Be Quoted in Jury Instructions filed by CVS Indiana, L.L.C., CVS RX Services, Inc., Giant Eagle, Inc., HBC Service Company, Rite Aid of Maryland, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. Related document(s) #3548 . (Attachments: #1 Exhibit A) (Stoffelmayr, Kaspar)
January 15, 2021 Filing 3615 Objection to Defendants' Response filed by Plaintiffs Executive Committee. (Attachments: #1 Exhibit)Related document(s) #3550 .(Weinberger, Peter)
January 14, 2021 Filing 3614 Appeal Order from USCA for the Sixth Circuit: Denying the motion to stay. A ruling on the mandamus petition is Reserved re #3613 (USCA# 21-3041). Circuit Judges: Moore, Gibbons, and Thapar. Date issued by USCA 1/12/21 (H,SP)
January 14, 2021 Filing 3613 Appeal Remark from USCA for the Sixth Circuit: A petition for a writ of mandamus has been docketed (USCA# 21-3041) (H,SP)
January 13, 2021 Filing 3612 Transcript of Telephone Status Hearing held on January 13th, 2021 before Judge Dan A. Polster. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [6 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/20/2021. Redaction Request due 2/3/2021. Redacted Transcript Deadline set for 2/15/2021. Release of Transcript Restriction set for 4/13/2021. (S,G)
January 13, 2021 Filing 3611 Notice by Drew W. Rogers to withdraw as attorney filed by Jackson County, Missouri. (Dameron, Matthew)
January 13, 2021 Filing 3610 Notice by Drew W. Rogers to withdraw as attorney filed by City of Kansas City, Missouri. (Dameron, Matthew)
January 13, 2021 Filing 3609 Notice of Substitution of Counsel removing attorney and adding attorney Todd J. Hathaway filed by on behalf of Eric Knight. (Hathaway, Todd)
January 13, 2021 Filing 3608 Attorney Appearance by Todd J. Hathaway filed by on behalf of Eric Knight. (Hathaway, Todd)
January 13, 2021 Filing 3607 Attorney Appearance by Abby Tucker filed by on behalf of Eric Knight. (Tucker, Abby)
January 13, 2021 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. On January 13, 2021, the Court held a teleconference with counsel for the Track Three parties. The Court discussed with counsel the status of Track Three and related state court cases. Counsel advised the Court of the status of ongoing mediation. The Court will hold the next Track Three teleconference on February 10, 2021 at 12:00 PM. Counsel shall submit to the Court a joint status report no later than 12:00 PM on February 9, 2021. Counsel shall use the same dial-in instructions used for today's teleconference. (Court Reporter: G. Staiduhar.)Time: 10. (P,R)
January 12, 2021 Filing 3606 Transcript of Oral Motion by zoom format held on January 11th, 2021, before Judge Dan A. Polster. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [55 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 1/19/2021. Redaction Request due 2/2/2021. Redacted Transcript Deadline set for 2/12/2021. Release of Transcript Restriction set for 4/12/2021. Related document(s) #3604 , #3605 . (S,G)
January 12, 2021 Filing 3605 Expedited Non-Appeal Transcript Order Form for proceedings held on 1/11/2021 before Judge Dan Aaron Polster, re Oral Argument - Final,. Court Reporter: George Staiduhar. Requested completion date: 1/12/2021 filed by Allergan Finance LLC, Allergan PLC, Allergan Sales, LLC, Allergan USA, Inc.. (Welch, Donna)
January 11, 2021 Filing 3604 Expedited Non-Appeal Transcript Order Form for proceedings held on 1/11/2021 before Judge Judge Dan Aaron Polster, re Oral Argument - Final,. Court Reporter: George Staiduhar. Requested completion date: 1/11/2021 filed by Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.. (Bertke, Melissa)
January 11, 2021 Opinion or Order Filing 3603 Order granting Plaintiffs' Emergency Motion for Leave to Take Trial Preservation Deposition of David Kessler, M.D. (Related Doc #3594 ). Judge Dan Aaron Polster on 1/11/21.(P,R)
January 11, 2021 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. Oral argument held via video conference on January 11, 2021. The Court heard oral argument regarding Plaintiffs Emergency Motion for Leave to Take Trial Preservation Deposition of David Kessler, M.D. #3594 . For the reasons stated on the record and in the Order, the Motion is granted. (Court Reporter: G. Staiduhar.)Time: 1 hr 20 min. (P,R)
January 9, 2021 Opinion or Order Order [non-document] granting #3600 Defendants' Motion for Joinder in Oppositions to PEC's Motion for Leave to Take Trial Preservation Deposition of David Kessler, M.D. Judge Dan Aaron Polster on 1/9/21.(P,R)
January 9, 2021 Opinion or Order Order [non-document] granting Defendants' Motion for oral argument on PEC's Emergency Motion re D. Kessler Trial Preservation Deposition (Related Doc #3601 ). The Court will hear oral argument via Zoom regarding Emergency Motion for Leave to Take Trial Preservation Deposition of David Kessler, M.D. #3594 on January 11, 2021 at 5:00 PM. The Court provided to counsel via email the information to access the Zoom hearing. Judge Dan Aaron Polster on 1/9/21.(P,R)
January 8, 2021 Filing 3602 Reply in support of #3594 Emergency Motion for Leave to Take Trial Preservation Deposition of David Kessler, M.D. filed by Plaintiffs Executive Committee. (Attachments: #1 Exhibit 1 - Dr. Kessler Report, #2 Exhibit 2 - NY Pltfs' Ltr to Court)(Weinberger, Peter)
January 8, 2021 Filing 3601 Motion for oral argument on PEC's Emergency Motion re D. Kessler Trial Preservation Deposition filed by Actavis LLC, Actavis Pharma, Inc., Allergan Finance LLC, Allergan PLC, Allergan Sales, LLC, Allergan USA, Inc., Cephalon, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. Related document(s) #3594 . (Welch, Donna)
January 8, 2021 Filing 3600 Motion for joinder in Oppositions to PEC's Motion for Leave to Take Trial Preservation Deposition of David Kessler, M.D. filed by Anda, Inc., General Injectables & Vaccines, Inc., H. D. Smith, LLC, Henry Schein Medical Systems, Inc., Henry Schein, Inc., Insource, Inc., Prescription Supply Inc. Related document(s) #3594 , #3598 , #3597 . (McDonald, John)
January 8, 2021 Filing 3599 Response to #3594 Emergency Motion for Leave to Take Trial Preservation Deposition of David Kessler, M.D. filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid of Maryland, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Delinsky, Eric)
January 8, 2021 Filing 3598 Opposition to #3594 Emergency Motion for Leave to Take Trial Preservation Deposition of David Kessler, M.D. filed by Actavis LLC, Actavis Pharma, Inc., Allergan Finance LLC, Allergan PLC, Allergan Sales, LLC, Allergan USA, Inc., Cephalon, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (Attachments: #1 Affidavit Decl. of D. Welch, #2 Exhibit Ex. 1 In re Abilify, #3 Exhibit Ex. 2 Excerpted Novartis, #4 Exhibit Ex. 3 Biden Closes In, #5 Exhibit Ex. 4 Order re Additional Witnesses)(Welch, Donna)
January 8, 2021 Filing 3597 Opposition to #3594 Emergency Motion for Leave to Take Trial Preservation Deposition of David Kessler, M.D. filed by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation. (Attachments: #1 Exhibit 1 - MDL Transcript Excerpt, #2 Exhibit 2 - NY Transcript Excerpt)(Lynch, Mark)
January 7, 2021 Filing 3596 True copy of mandate from the USCA for the Sixth Circuit: Reversing the District Court's judgment certifying a negotiation class and Remand for further proceedings re Notice of Appeals #2922 and #2923 (USCA# 19-4097 & 19-4099). Date issued as mandate 1/6/21; Costs: None (H,SP)
January 6, 2021 Filing 3595 Revised Case Management Order for Track Three. Judge Dan Aaron Polster on 1/6/21. (Attachments: #1 Stipulation Establishing Procedure for Designation and Use of Deposition Testimony at Trial, #2 Joint Trial Exhibit Stipulation)(P,R)
January 6, 2021 Filing 3594 Emergency Motion for Leave to Take Trial Preservation Deposition of David Kessler, M.D. filed by Plaintiff Plaintiffs Executive Committee. (Attachments: #1 Exhibit 1 - Deposition Notice)(Weinberger, Peter)
January 4, 2021 Filing 3593 Report of Special Master Discovery Ruling no. 14, Part 16 Regarding Walgreen Privilege Claims filed by David Cohen. (Cohen, David)
December 31, 2020 Opinion or Order Filing 3592 Order regarding Walgreens' Motion for reconsideration and Clarification with Respect to Certain Privilege Claims (Related Doc #3591 ). Judge Dan Aaron Polster on 12/31/20.(P,R)
December 29, 2020 Filing 3591 Motion for reconsideration and Clarification with Respect to Certain Privilege Claims filed by Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. Related document(s) #3584 . (Stoffelmayr, Kaspar)
December 23, 2020 Opinion or Order Filing 3590 Order Regarding "Persons With Relevant Knowledge". Judge Dan Aaron Polster on 12/23/20. (P,R)
December 22, 2020 Filing 3589 Revised Order Establishing Remote Deposition Protocol in Track One-B and Track Three cases. Judge Dan Aaron Polster on 12/22/20. (P,R)
December 22, 2020 Filing 3588 Notice Regarding Special Master Yanni (P,R)
December 22, 2020 Opinion or Order Order [non-document] granting Joint Motion to Revise Order re Deposition Protocol (Related Doc #3587 ). Judge Dan Aaron Polster on 12/22/20.(P,R)
December 21, 2020 Filing 3587 Joint Motion To Revise Order re Deposition Protocol filed by Plaintiff Plaintiffs Lead Counsel. (Attachments: #1 Exhibit Revised Order Establishing Deposition Protocol)(Hanly, Paul)
December 21, 2020 Filing 3586 Notice of Withdrawal of Elizabeth Welch of The Welch Law Firm, PLC filed by Grand Rapids, City of. (Novak, Paul)
December 21, 2020 Filing 3585 Notice of Withdrawal of Elizabeth Welch of The Welch Law Firm, PLC filed by County of Kent, Michigan. (Novak, Paul)
December 21, 2020 Opinion or Order Filing 3584 Order regarding Walgreens' Objection re: Discovery Ruling No. 14, Part 15. Doc. #: #3571 . Judge Dan Aaron Polster on 12/21/20. (P,R)
December 18, 2020 Filing 3583 Conditional Transfer Order (CTO 181) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. Judge Dan Aaron Polster on 12/18/20. (P,R)
December 16, 2020 Filing 3582 Transfer Order by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
December 15, 2020 Filing 3581 Reply in Support of Its Objection to Discovery Ruling No. 14, Part 15 filed by Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. Related document(s) #3571 , #3577 , #3562 . (Stoffelmayr, Kaspar)
December 15, 2020 Filing 3580 Conditional Transfer Order (CTO 180) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
December 9, 2020 Opinion or Order Filing 3579 Order Regarding Apportionability and Apportionment. Judge Dan Aaron Polster on 12/9/20. (P,R)
December 9, 2020 Filing 3578 Marginal Entry Order re: Motion for Leave to File First Amended Consolidated Complaint filed by Plaintiff Board of Education of Chicago Public Schools. The Motion is denied without prejudice pursuant to the Court's moratorium on substantive filings and Case Management Order One. Doc. #: #130 ; Doc. #: #232 . (Related Doc #3547 ). Judge Dan Aaron Polster on 12/9/20.(P,R)
December 8, 2020 Filing 3577 Response in Opposition to Walgreens' Obj. to Discovery Ruling No. 14, Part 15 filed by Plaintiffs Executive Committee. Related document(s) #3571 , #3562 . (Farrell, Paul)
December 7, 2020 Filing 3576 Attorney Appearance by Jan L. Roller filed by on behalf of Drug Store Clinic and Pharmacy, Drug Store Pharmacy. (Roller, Jan)
December 7, 2020 Filing 3575 Reply in support of #3547 Motion to amend complaint Plaintiffs' Motion for Leave to File First Amended Consolidated Complaint Reply in Support of School Districts' Motion for Leave to File First Amended Consolidated Complaint filed by The Board of Education of the City of Chicago, School District No. 299. (Piers, Matthew)
December 4, 2020 Filing 3574 Notice and Order re: Track Three. Jury Trial reset for 10/4/2021 at 9:00 AM. The Court directs the parties to meet and confer and submit to the Court on December 9, 2020, proposed modified dates for the remaining case management deadlines. Judge Dan Aaron Polster on 12/4/20. (P,R)
December 3, 2020 Filing 3573 Transcript of Telephonic Status Conference Proceedings held on 12/2/2020 before Judge Dan Aaron Polster. To obtain a copy of this transcript please contact court reporter Donnalee Cotone at 216-357-7078 or email donnalee_cotone@ohnd.uscourts.gov. [45 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/10/2020. Redaction Request due 12/24/2020. Redacted Transcript Deadline set for 1/4/2021. Release of Transcript Restriction set for 3/3/2021. (C,Do)
December 2, 2020 Filing 3572 Joint Proposed Stipulation of Designation of Remand Record Pursuant to JPML Rule 10.4(a) filed by People of the State of California. (Attachments: #1 Attachment A)(Baig, Aelish)
December 2, 2020 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. On December 2, 2020, the Court held a teleconference with counsel for the Track Three parties. The Court discussed with counsel a dispute regarding the provision in the Case Management Order (Doc. #: #3329 ) requiring identification of persons and entities with relevant knowledge. No later than 3:00 PM on Friday, December 4, Defendants shall submit to the Court and Special Master Cohen a proposed solution, and Plaintiffs shall submit a response no later than 3:00 PM on Monday, December 7. The Court will hold the next teleconference on January 13, 2021 at 12:00 PM. Counsel shall submit to the Court a joint status report no later than 12:00 PM on January 12, 2021. Counsel shall use the same dial-in instructions used for today's teleconference. (Court Reporter: D. Cotone.)Time: 1 hr. (P,R)
December 1, 2020 Filing 3571 Objection to Discovery Ruling No. 14, Part 15 filed by Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. Related document(s) #3562 . (Stoffelmayr, Kaspar)
November 25, 2020 Filing 3570 Sur-Reply to #3066 Motion for class certification filed by Assertio Therapeutics, Inc.. (Sadler, Kevin)
November 25, 2020 Opinion or Order Order [non-document] granting #3568 #3569 Distributor and Manufacturer Defendants' Motions for Joinder to Pharmacy Defendants' Opposition to Motion for Leave to File First Amended Consolidated Complaint. Judge Dan Aaron Polster on 11/25/20.(P,R)
November 24, 2020 Filing 3569 Motion for joinder in Pharmacy Defendants' Opposition to Motion for Leave to File First Amended Consolidated Complaint filed by Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, Ortho-McNeil-Janssen Pharmaceuticals, Inc.. Related document(s) #3566 . (Lifland, Charles)
November 24, 2020 Filing 3568 Motion for joinder to Pharmacy Defendants' Opposition to Motion for Leave to File First Amended Consolidated Complaint filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation. Related document(s) #3566 . (Lynch, Mark)
November 24, 2020 Filing 3567 Sur-Reply to #3066 Motion for class certification filed by Actavis LLC, Actavis Pharma, Inc., Allergan Finance LLC, Allergan PLC, Allergan Sales, LLC, Allergan USA, Inc., AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Anda, Inc., CVS Health Corporation, CVS Indiana, L.L.C., CVS RX Services, Inc., Cardinal Health, Inc., Cephalon, Inc., Costco Wholesale Corporation, Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., H. D. Smith Holding Company, H. D. Smith Holdings, LLC, H. D. Smith, LLC, HBC Service Company, Indivior, Inc., Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, Mallinckrodt LLC, Mallinckrodt PLC, McKesson Corporation, Mylan Pharmaceuticals, Inc., Noramco, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc., Prescription Supply Inc, Rite Aid of Maryland, Inc., SpecGX LLC, Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc., Watson Laboratories, Inc.. (Attachments: #1 Affidavit / Declaration of Emily Ullman, #2 Exhibit A to Ullman Declaration)(Lynch, Mark)
November 24, 2020 Filing 3566 Opposition to #3547 Motion to amend complaint Plaintiffs' Motion for Leave to File First Amended Consolidated Complaint Pharmacy Defendants' Opposition to Motion for Leave to File First Amended Consolidated Complaint filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., Eckerd Corporation, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Wal-Mart Stores East, Inc., Wal-Mart Stores East, LP, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Delinsky, Eric)
November 24, 2020 Filing 3565 Notice of Non Opposition to Request to file Sur-Replys filed by Jennifer Artz, Melissa Barnwell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons. Related document(s) #3564 , #3563 .(Dann, Marc)
November 24, 2020 Opinion or Order Order [non-document] granting Defendants' Motions for leave to File Surreply in Opposition to NAS Plaintiffs' Motion for Class Certification (Related Doc # #3563 #3564 ). Judge Dan Aaron Polster on 11/24/20.(P,R)
November 23, 2020 Filing 3564 Motion for leave to File Surreply in Opposition to NAS Plaintiffs' Motion for Class Certification filed by Defendant Assertio Therapeutics, Inc.. (Attachments: #1 Exhibit Assertio's Proposed Surreply)(Sadler, Kevin)
November 23, 2020 Filing 3563 Motion for leave to File Surreply in Opposition to NAS Plaintiffs' Motion for Class Certification filed by Actavis LLC, Actavis Pharma, Inc., Allergan PLC, Allergan Sales, LLC, Allergan USA, Inc., AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Anda, Inc., CVS Health Corporation, CVS Indiana, L.L.C., CVS RX Services, Inc., Cardinal Health, Inc., Cephalon, Inc., Costco Wholesale Corporation, Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., H. D. Smith Holding Company, H. D. Smith Holdings, LLC, H. D. Smith, LLC, HBC Service Company, Indivior, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, Mallinckrodt LLC, Mallinckrodt PLC, McKesson Corporation, Mylan Pharmaceuticals, Inc., Noramco, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc., Prescription Supply Inc, Rite Aid of Maryland, Inc., SpecGX LLC, Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc., Watson Laboratories, Inc., Allergan Finance, LLC . Related document(s) #3066 . (Attachments: #1 Exhibit 1 - Proposed Surreply and accompanying exhibit, #2 Exhibit 2 - Email dated November 13, 2020)(Lynch, Mark)
November 20, 2020 Filing 3562 Report of Special Master Discovery Ruling No. 14, Part 15 Regarding Walgreens' Privilege Claims filed by David Cohen. (Cohen, David)
November 18, 2020 Filing 3561 Opinion and Order granting Plaintiffs' Motion to strike Pharmacy Defendants' Third-Party Complaints (Related Doc #3542 ). Judge Dan Aaron Polster on 11/18/20.(P,R)
November 17, 2020 Filing 3560 Appeal Order from USCA for the Sixth Circuit: Denying the petition for panel rehearing re #3524 , and the motion for a stay is Denied as moot (USCA# 20-3875). Circuit Judges: Suhrheinrich, Gibbons, and Kethledge. Date issued by USCA 11/16/20 (H,SP)
November 16, 2020 Filing 3559 Notice of Dismissal Under FRCP 41(a)(1) filed by All Plaintiffs. (West, Timothy)
November 16, 2020 Filing 3558 Notice of Service of Sealed documents attached to Plaintiffs' Reply in Further Support of their Motion for Class Certification on Opposing Counsel November 13, 2020 filed by Jennifer Artz, Melissa Barnwell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons. Related document(s) #3555 .(Dann, Marc)
November 16, 2020 Filing 3557 SEALED Document:Supplemental Declaration of Dr. Kanwaljeet with Sealed Appendix A1-C and Sealed Exhibit 12 from Thomas Bilek Declaration and unredacted exhibits 23-25 filed by Jennifer Artz, Melissa Barnwell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons. Related document(s) #441 , #3555 . (Attachments: #1 Exhibit Appendix 1 Ex A1, #2 Exhibit Appendix 1 Ex A2, #3 Exhibit Appendix 1 Ex A3, #4 Exhibit Appendix 1 Ex B, #5 Exhibit Appendix 1 Ex C, #6 Exhibit Declaration of Thomas Bilek Sealed Exhibit 12, #7 Exhibit Declaration of Thomas Bilek Ex 24 Unredacted Excerpt of Barnwell Deposition, #8 Exhibit Declaration of Thomas Bilek Ex 25 Unredacted Excerpts from Poe Deposition, #9 Exhibit Declaration of Thomas Bilek Ex 26 Unredacted Excerpts form Ramirez Deposition)(Dann, Marc)
November 16, 2020 Filing 3556 Reply in support of #3542 Motion to strike Defendants' Third-Party Complaints filed by Plaintiffs Liaison Counsel. (Weinberger, Peter)
November 13, 2020 Filing 3555 Reply in support of #3066 Motion for class certification filed by Jennifer Artz, Melissa Barnwell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons. (Attachments: #1 Affidavit Declaration of Thomas E. Bilek in Support of NAS Guardians' Motion for Class Certification, #2 Exhibit 1-Key Expert Deposition, #3 Exhibit 2-Anand Excerpts, #4 Exhibit 3-Dr. Lee Excerpts, #5 Exhibit 4-Dr. Rubin Excerpts, #6 Exhibit 5-Dr. Porucznik Excerpts, #7 Exhibit 6-Dr. Wright Excerpts, #8 Exhibit 7-Dr. Chintagunta Excerpts, #9 Exhibit 8-Caring for a Baby with NAS, #10 Exhibit 9-Drivers of the Opioid Crisis, #11 Exhibit 10-Purdue Pharma Settlement Proceeds, #12 Exhibit 11-Hearing Transcript Purdue Bankruptcy, #13 Exhibit 12-Under Seal, #14 Exhibit 13-Sackler Email, #15 Exhibit 14-Concentration of Opioid-Related Industry Payments, #16 Exhibit 15-Assoc of Pharmaceutical Industry Mktng, #17 Exhibit 16-Makers of Oxycontin, #18 Exhibit 17-Big Pharma has a Big Role, #19 Exhibit 18-Ethic and Confidential Financial Disclosure, #20 Exhibit 19-US Senate Letter Azar, #21 Exhibit 20-To Serve with Honor, #22 Exhibit 21-Prescribing Policies States Confront Opioid Overdose, #23 Exhibit 22-Drug Firms' Pmts and Physicians Prescribing Behavior, #24 Exhibit 23-After Free Lunch from Drug Firms, #25 Exhibit 24-Barnwell Excerpts, #26 Exhibit 25-Poe Excerpts, #27 Exhibit 26-Ramirez Excerpts, #28 Supplement Supplemental Declaration of Dr. Kanwaljeet Anand in Support of The NAS Guardians' Reply in Support Their Motion for Class Certification, #29 Appendix 1-Under Seal, #30 Appendix 2-Exhibt A-Neurobehavorial Consequences, #31 Exhibit Appendix 2-Exhibit B-Erratum of Neurobehavorial Consequences, #32 Exhibit Appendix 2-Exhibit C-NAS Management in CA Birth Hospitals, #33 Exhibit Appendix 2-Exhibit D-CDC Guidelines, #34 Exhibit Appendix 2-Exhibit E-Educational Disabilities, #35 Exhibit Appendix 2 Exhibit F-Public Health Surveillance, #36 Exhibit Appendix 2 Exhibit G-Five Year Outcomes, #37 Exhibit Appendix 2 Exhibit H-NAS Treatment, #38 Exhibit Appendix 2 Exhibit I-Women on Opioids, #39 Exhibit Appendix 2 Exhibit J-Assessment, #40 Exhibit Appendix 2 Exhibit K-Neonatal Opioid Withdraw, #41 Exhibit Appendix 2 Exhibit L-Opioid Therapy, #42 Exhibit Appendix 2 Exhibit M-Brief Report, #43 Exhibit Appendix 2 Exhibit N-Functional MRI, #44 Exhibit Appendix 2 Exhibit O-Cognitive and Motor Outcomes, #45 Exhibit Appendix 2 Exhibit P-Variation Among Neonatal ICUs, #46 Exhibit Appendix 2 Exhibit Q-Perinatal Opioid Exposure, #47 Exhibit Appendix 2 Exhibit R-Pain Management, #48 Exhibit Appendix 2 Exhibit S-Sex and Gender Differences, #49 Exhibit Appendix 2 Exhibit T-CDC Articles and Key Findings, #50 Exhibit Appendix 2 Exhibit U-Pregnancy and Opioids Pain Meds)(Dann, Marc)
November 13, 2020 Filing 3554 Motion for leave to exceed page limitations to Reply in Support of NAS Guardians Motion for Class Certification filed by Jennifer Artz, Jennifer Artz, Melissa Barnwell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons. (Dann, Marc)
November 13, 2020 Opinion or Order Order [non-document] granting NAS Baby Plaintiffs' Motion to exceed page limitations (Related Doc #3554 ). Judge Dan Aaron Polster on 11/13/20.(P,R)
November 12, 2020 Opinion or Order Filing 3553 Order Regarding Pharmacy Data Production. Judge Dan Aaron Polster on 11/12/20. (P,R)
November 10, 2020 Filing 3552 Transcript of Telephonic Status Conference held on November 4, 2020, before Judge Dan A. Polster. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [10 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 11/17/2020. Redaction Request due 12/1/2020. Redacted Transcript Deadline set for 12/11/2020. Release of Transcript Restriction set for 2/8/2021. (S,G)
November 9, 2020 Filing 3551 Opposition to #3542 Motion to strike Defendants' Third-Party Complaints filed by CVS Pharmacy, Inc., Giant Eagle, Inc., Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Ohio, Inc., Walgreen Co., Walmart Inc.. (Attachments: #1 Exhibit 1)(Stoffelmayr, Kaspar)
November 6, 2020 Filing 3550 Response to Special Master Cohen October 26, 2020 Request filed by CVS Indiana, L.L.C., CVS RX Services, Inc., Giant Eagle, Inc., HBC Service Company, Rite Aid of Maryland, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Attachments: #1 Exhibit A - Email, #2 Exhibit B - List)(Stoffelmayr, Kaspar)
November 6, 2020 Filing 3549 Transcript of Telephone Status held on November 4th, 2020 before Judge Dan A. Polster. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [10 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 11/13/2020. Redaction Request due 11/27/2020. Redacted Transcript Deadline set for 12/7/2020. Release of Transcript Restriction set for 2/4/2021. (S,G)
November 6, 2020 Filing 3548 Response to the Court's Request for Input Regarding Statutes and Regulations to be Quoted in Jury Instructions filed by Plaintiffs Liaison Counsel. (Weinberger, Peter)
November 5, 2020 Filing 3547 Motion to amend complaint Plaintiffs' Motion for Leave to File First Amended Consolidated Complaint filed by Plaintiff Board of Education of Chicago Public Schools, District 299. (Attachments: #1 Exhibit A: Consolidated Amended Class Action Complaint)(Piers, Matthew)
November 5, 2020 Opinion or Order Order [non-document] Any interested party may file a response to Plaintiffs' Motion for Leave to File First Amended Consolidated Complaint (Doc. #: #3547 ) no later than noon on Tuesday, November 24, 2020. Plaintiffs may file a reply no later than noon on Tuesday, December 8, 2020. Judge Dan Aaron Polster on 11/5/20. (P,R)
November 4, 2020 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. On November 4, 2020, the Court held an MDL-wide telephonic status conference. The Court discussed with liaison counsel the status of settlement negotiations and the progress of the MDL. The Court scheduled a telephonic status conference in the Track Three cases on December 2, 2020 at 1:00PM. Counsel for the Track Three parties shall attend and shall submit to the Court a joint status report no later than 12:00PM on December 1, 2020. The Court will provide counsel with the dial-in instructions via email. (Court Reporter: G. Staiduhar.) Time: 20 min. (P,R)
November 3, 2020 Filing 3546 Evidentiary Order regarding parties' motions in limine. Judge Dan Aaron Polster on 11/3/20. (P,R)
November 3, 2020 Opinion or Order Filing 3545 Order re #3510 Rite Aid's Objection to Order Regarding Personal Jurisdiction Discovery Over Rite Aid Corporation. Judge Dan Aaron Polster on 11/3/20. (P,R)
November 2, 2020 Filing 3544 FILING ERROR - COUNSEL ADVISED UNINTENTIONAL FILING Response to Plaintiffs' Executive Committee's Separate Status Report as of October 30, 2020 filed by Allergan Finance LLC, Allergan Finance, LLC f/k/a/ Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc., Allergan PLC, Allergan Sales, LLC, Allergan USA, Inc.. (Welch, Donna) Modified on 11/3/2020 (P,R).
October 27, 2020 Filing 3543 Conditional Transfer Order (CTO 178) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
October 26, 2020 Filing 3542 Motion to strike Defendants' Third-Party Complaints filed by Plaintiff Plaintiffs Liaison Counsel. Related document(s) #3517 , #3515 . (Weinberger, Peter)
October 23, 2020 Filing 3541 Corporate Disclosure Statement filed by Morris & Dickson Co LLC. (Attachments: #1 Exhibit Proof of Service)(Spruiell, Frank)
October 23, 2020 Filing 3540 Attorney Appearance by Frank H. Spruiell, Jr filed by on behalf of Morris & Dickson Co LLC. (Attachments: #1 Exhibit Proof of Service)Related document(s) #3463 .(Spruiell, Frank)
October 22, 2020 Filing 3539 Conditional Transfer Order (CTO 177) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
October 21, 2020 Filing 3538 Attorney Appearance by Michael Bonasso filed by on behalf of Masters Pharmaceutical, Inc.. (Bonasso, Michael)
October 21, 2020 Filing 3537 Attorney Appearance by William J. Aubel filed by on behalf of Masters Pharmaceutical, Inc.. (Aubel, William)
October 19, 2020 Filing 3536 SEALED Document:Defendants' Opposition to NAS Plaintiffs' Motion for Class Certification filed by Actavis LLC, Actavis Pharma, Inc., Allergan Finance, LLC f/k/a/ Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc., Allergan PLC, Allergan Sales, LLC, Allergan USA, Inc., AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Anda, Inc., CVS Health Corporation, CVS Indiana, L.L.C., CVS RX Services, Inc., Cardinal Health, Inc., Cephalon, Inc., Costco Wholesale Corporation, Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., H. D. Smith Holding Company, H. D. Smith Holdings, LLC, H. D. Smith, LLC, HBC Service Company, Indivior, Inc., Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, McKesson Corporation, Mylan Pharmaceuticals, Inc., Noramco, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc., Prescription Supply Inc, Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc., Watson Laboratories, Inc.. Related document(s) #3535 . (Attachments: #1 Appendix A: Key Plaintiff Facts, #2 Pleading Ullman Declaration, #3 Exhibit 6, #4 Exhibit 7, #5 Exhibit 8, #6 Exhibit 9, #7 Exhibit 10, #8 Exhibit 11, #9 Exhibit 12, #10 Exhibit 13, #11 Exhibit 14, #12 Exhibit 15, #13 Exhibit 16, #14 Exhibit 17, #15 Exhibit 18, #16 Exhibit 19, #17 Exhibit 20, #18 Exhibit 21, #19 Exhibit 22, #20 Exhibit 23, #21 Exhibit 24, #22 Exhibit 25, #23 Exhibit 26, #24 Exhibit 27, #25 Exhibit 28, #26 Exhibit 29, #27 Exhibit 30, #28 Exhibit 31, #29 Exhibit 36, #30 Exhibit 37, #31 Exhibit 38, #32 Exhibit 39, #33 Exhibit 40, #34 Exhibit 42, #35 Exhibit 43, #36 Exhibit 44, #37 Exhibit 45, #38 Exhibit 50)(Lynch, Mark)
October 19, 2020 Filing 3535 Marginal Entry Order granting Defendants' Motion to file under seal Opposition to NAS Plaintiffs' Motion for Class Certification (Related Doc #3533 ). Judge Dan Aaron Polster on 10/19/20.(P,R)
October 16, 2020 Filing 3534 SEALED Document:Opposition to NAS Guardians' Motion for Class Certification filed by Assertio Therapeutics, Inc.. Related document(s) #3531 . (Attachments: #1 Appendix in support of Assertio's Opposition to NAS Guardians' Motion for Class Certification)(Sadler, Kevin)
October 16, 2020 Filing 3533 Motion to file under seal Opposition to NAS Plaintiffs' Motion for Class Certification and Accompanying Exhibits filed by Actavis LLC, Actavis Pharma, Inc., Allergan PLC, Allergan Sales, LLC, Allergan USA, Inc., AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Anda, Inc., CVS Health Corporation, CVS Indiana, L.L.C., CVS RX Services, Inc., Cardinal Health, Inc., Cephalon, Inc., Costco Wholesale Corporation, Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., H. D. Smith Holding Company, H. D. Smith Holdings, LLC, H. D. Smith, LLC, H.D. Smith Wholesale Drug Co., HBC Service Company, Indivior, Inc., Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, McKesson Corporation, Mylan Pharmaceuticals, Inc., Noramco, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc., Prescription Supply Inc, Rite Aid of Maryland, Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc., Watson Laboratories, Inc., *** SELECTION REQUIRED Allergan Finance, LLC f/k/a/ Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A, #2 Proposed Order)(Lynch, Mark)
October 16, 2020 Filing 3532 Reply in Support of Objections to Order Regarding Personal Jurisdiction Discovery Over Rite Aid Corporation filed by Rite Aid Corporation, Rite Aid Headquarters Corporation. Related document(s) #3510 . (Moore, Kelly)
October 16, 2020 Filing 3531 Marginal Entry Order granting Assertio Therapeutics Motion for leave to file under seal (Related Doc #3530 ). Judge Dan Aaron Polster on 10/16/20.(P,R)
October 16, 2020 Filing 3530 Motion for leave to File Under Seal Assertio's Opposition to NAS Guardian's Motion for Class Certification filed by Defendant Assertio Therapeutics, Inc.. (Attachments: #1 Proposed Order)(Sadler, Kevin)
October 14, 2020 Opinion or Order Filing 3529 Order granting in part Plaintiffs' Motion for sanctions (Related Doc #3443 ). Judge Dan Aaron Polster on 10/14/20.(P,R)
October 13, 2020 Filing 3528 Response to Rite Aid's Objections to Order Regarding Personal Jurisdiction Discovery Over Rite Aid Corporation filed by Plaintiffs Liaison Counsel. (Attachments: #1 Exhibit 1 - Plaintiffs' 2.14.20 email, #2 Exhibit 2 - SM Cohen's 3.2.20 email, #3 Exhibit 3 - Rite Aid's (Fouts) 7.7.20 ltr to Irpino, #4 Exhibit 4 - SM Cohen fr P Weinberger re Rite Aid Motion to Compel 7.29.20, #5 Exhibit 5 - rack 3 Pls Document Requests 6.23.20, #6 Exhibit 6 - Rite Aid's Letter Motion for PO Re Additional Jurisdictional Discovery 7.23.20 (no exhibits), #7 Exhibit 7 - Plaintiffs' Response to Rite Aid Letter Motion without exhibits 8.6.20, #8 Exhibit 8 - Rite Aid's Reply Letter in Support of Motion for Protective Order 8.13.20, #9 Exhibit 9 - Rite Aid Opposition to Plaintiffs' Motion to Compel Jurisdictional Discovery 8.12.20)Related document(s) #3457 , #3510 .(Weinberger, Peter)
October 13, 2020 Filing 3527 Opinion and Order - Walgreens' Objection to Modified Discovery Ruling 23, Doc. #: #3470 , is OVERRULED. Modified Discovery Ruling 23 is AFFIRMED and ADOPTED. Judge Dan Aaron Polster on 10/13/20. (P,R)
October 13, 2020 Filing 3526 Conditional Transfer Order (CTO 176) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
October 12, 2020 Filing 3525 Notice of Filing Bankruptcy (Suggestion of Pendency) and Automatic Stay of Proceedings filed by Mallinckrodt LLC, SpecGX LLC. (O'Connor, Brien)
October 9, 2020 Filing 3524 Appeal Order from USCA for the Sixth Circuit: The mandamus petition is Denied for substantially the reasons stated by the District Court in its response, and the stay granted in the September 15, 2020 order is Vacated re #3434 (USCA# 20-3875). Circuit Judges: Suhrheinrich, Gibbons, and Kethledge. Date issued by USCA 10/8/20 (H,SP)
October 9, 2020 Filing 3523 Opposition to #3066 Motion for class certification filed by Actavis LLC, Actavis Pharma, Inc., Allergan Finance, LLC f/k/a/ Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc., Allergan PLC, Allergan Sales, LLC, Allergan USA, Inc., AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Anda, Inc., CVS Health Corporation, CVS Indiana, L.L.C., CVS RX Services, Inc., Cardinal Health, Inc., Cephalon, Inc., Costco Wholesale Corporation, Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., H. D. Smith Holding Company, H. D. Smith Holdings, LLC, H. D. Smith, LLC, HBC Service Company, Indivior, Inc., Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, Mallinckrodt LLC, Mallinckrodt PLC, McKesson Corporation, Mylan Pharmaceuticals, Inc., Noramco, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc., Prescription Supply Inc, Rite Aid of Maryland, Inc., SpecGX LLC, Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc., Watson Laboratories, Inc.. (Attachments: #1 Appendix, #2 Affidavit Declaration of Emily Ullman, #3 Exhibit 1 Rubin Expert Report, #4 Exhibit 2 Lee Expert Report, #5 Exhibit 3 Wright Expert Report, #6 Exhibit 4 Porucznik Expert Report, #7 Exhibit 5 Howard Deposition Excerpts, #8 Exhibit 6 J. Ramirez Deposition Excerpts, #9 Exhibit 7 J. Ramirez Vons Pharmacy Records #2436, #10 Exhibit 8 J. Ramirez Vons Pharmacy Records # 2678, #11 Exhibit 9 Ramirez Delivery Room Records, #12 Exhibit 10 R.R. Neonatology Consult Records, #13 Exhibit 11 R.R. Discharge Summary, #14 Exhibit 12 R.R. Neonatal Abstinence Scoring System Records, #15 Exhibit 13 Ramirez Fact Sheet, #16 Exhibit 14 Tricounties Regional Center Letter, #17 Exhibit 15 R.R. Denial of Eligibility, #18 Exhibit 16 R.R. Records, #19 Exhibit 17 R.R. Vons Pharmacy Records, #20 Exhibit 18 R.R. Walgreen Pharmacy Records, #21 Exhibit 19 Barnwell Deposition Excerpts, #22 Exhibit 20 Barnwell Supplemental Fact Sheet, #23 Exhibit 21 E.G. Discharge Summary, #24 Exhibit 22 C.G. Pediatric Records, #25 Exhibit 23 Barnwell South Court Pharmacy Records, #26 Exhibit 24 Boyd Declaration, #27 Exhibit 25 C.G. Discharge Summary, #28 Exhibit 26 C.G. Neonatal Abstinence Scoring System Records, #29 Exhibit 27 E.G. Medical Records, #30 Exhibit 28 Doyle Deposition Excerpts, #31 Exhibit 29 D.F. Discharge Summary, #32 Exhibit 30 Frost Deposition Excerpts, #33 Exhibit 31 D.F. Inpatient Discharge Summary, #34 Exhibit 32 Ex Parte Order, #35 Exhibit 33 Temporary Custody Order, #36 Exhibit 34 Entry Vacating Temporary Custody, #37 Exhibit 35 Order Granting Custody Reconsideration, #38 Exhibit 36 Poe Deposition Excerpts, #39 Exhibit 37 P.P.R.P. Discharge Summary, #40 Exhibit 38 Poe Supplemental Fact Sheet, #41 Exhibit 39 P.P.R.P. Progress Notes, #42 Exhibit 40 P.P.R.P. Medical Records, #43 Exhibit 41 Anand Deposition Excerpts, #44 Exhibit 42 D.F. Hospital Records, #45 Exhibit 43 C.G. Discharge Note, #46 Exhibit 44 Nicholson Report, #47 Exhibit 45 Artz Plaintiff Fact Sheet, #48 Exhibit 46 Opioid Justice Team Website, #49 Exhibit 47 DiPietro (2000), #50 Exhibit 48 Glenn (2006), #51 Exhibit 49 Walker (1999), #52 Exhibit 50 Chintagunta Report)(Lynch, Mark)
October 9, 2020 Filing 3522 Opposition to #3066 Motion for class certification of NAS Guardians' filed by Assertio Therapeutics, Inc.. (Attachments: #1 Appendix in support of Assertio's Opposition to NAS Guardians' Motion for Class Certification)(Sadler, Kevin)
October 8, 2020 Filing 3521 Motion to substitute attorney Rachel B. Sherman in place of attorney Audrey K. Bentz, Crystal L. Maluchnik, and Steven G. Janik filed by Defendant Unither Manufacturing LLC. (Attachments: #1 Notice of Substitution of Counsel)(Sherman, Rachel)
October 8, 2020 Filing 3520 Transcript of Teleconference held on October 5, 2020 before Judge Dan Aarin Polster. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at 216-357-7106. [13 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/15/2020. Redaction Request due 10/29/2020. Redacted Transcript Deadline set for 11/9/2020. Release of Transcript Restriction set for 1/6/2021. Related document(s) #3519 , #3518 . (P,Sh)
October 7, 2020 Filing 3519 Expedited Non-Appeal Transcript Order Form for proceedings held on 10/05/2020 before Judge Judge Dan Aaron Polster, Court Reporter: Shirle Perkins. Requested completion date: 10/09/2020 filed by Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, Ortho-McNeil-Janssen Pharmaceuticals, Inc.. (Lifland, Charles)
October 6, 2020 Filing 3518 Expedited Non-Appeal Transcript Order Form for proceedings held on 10/5/2020 before Judge Dan Aaron Polster, Court Reporter: Shirle Perkins. Requested completion date: 10/6/2020 filed by Endo Pharmaceuticals, Inc.. (Bertke, Melissa)
October 6, 2020 Opinion or Order Order [non-document] granting Defendants' Motion to exceed page limitations (Related Doc #3514 ). Judge Dan Aaron Polster on 10/6/20.(P,R)
October 6, 2020 Opinion or Order Order [non-document] denying without prejudice Plaintiffs' Motion to strike Physicians on Defendants' Witness Lists (Related Doc #3511 ). Plaintiffs may re-file should the issues in the Motion become ripe again. Judge Dan Aaron Polster on 10/6/20.(P,R)
October 5, 2020 Filing 3517 FILING ERROR - DUPLICATE OF #3515 Third party complaint against JOHN AND JANE DOES 1-5000, John and Jane Does(1-500). Filed by Giant Eagle, Inc.. (Barnes, Robert) Modified on 10/6/2020 (P,R).
October 5, 2020 Filing 3516 FILING ERROR - DUPLICATE OF #3515 Third party complaint against JOHN AND JANES DOES 1-5000, John and Jane Does(1-500). Filed by Giant Eagle, Inc.. (Barnes, Robert) Modified on 10/6/2020 (P,R).
October 5, 2020 Filing 3515 Third party complaint against John and Jane Does 1-5000. Filed by Giant Eagle, Inc., CVS Pharmacy, Inc., Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Ohio, Inc., Walgreen Co. and Walmart Inc. (Barnes, Robert)
October 5, 2020 Filing 3514 Consent Motion for leave to exceed page limitations filed by Actavis LLC, Actavis Pharma, Inc., Allergan PLC, Allergan Sales, LLC, Allergan USA, Inc., AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Anda Pharmaceuticals, Inc., Anda, Inc., CVS Health Corporation, CVS Indiana, L.L.C., CVS RX Services, Inc., Cardinal Health, Inc., Cephalon, Inc., Costco Wholesale Corporation, Walmart, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., H. D. Smith Holding Company, H. D. Smith Holdings, LLC, H. D. Smith, LLC, HBC Service Company, Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., McKesson Corporation, Johnson & Johnson, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc., Prescription Supply Inc, Noramco, Inc., Rite Aid Corporation, Rite Aid of Maryland, Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Watson Laboratories, Inc., Allergan Finance, Related document(s) #3066 . (Attachments: #1 Proposed Order)(Lynch, Mark)
October 5, 2020 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. On October 5, 2020, the Court held a teleconference with counsel for the Track One-B and Track Three parties. Due to the ongoing COVID-19 pandemic and the General Orders of the Court, the Track One-B trial scheduled to begin on November 9, 2020 is postponed, and all pre-trial deadlines are stayed. The Court and parties will proceed with the Track Three litigation as scheduled (Doc #: 3329), with trial set to begin on May 10, 2021. The Court will hold an MDL-wide telephonic status conference on November 4, 2020 at 1:00PM to discuss the status of the MDL. All liaison counsel shall attend. The parties shall submit to the Court a joint status report no later than 3:00PM on October 30, 2020. The Court will provide counsel with the dial-in instructions via email (Court Reporter: Shirle Perkins.)Time: 25 min. (P,R)
October 2, 2020 Filing 3513 Proposed Voir Dire - Proposed Additional Questions for Voir Dire filed by Giant Eagle, Inc., CVS Indiana, L.L.C., CVS RX Services, Inc., Walmart, Inc., Discount Drug Mart, Inc., HBC Service Company, Rite Aid of Maryland, Inc., Walgreen Co.. (Stoffelmayr, Kaspar)
October 2, 2020 Filing 3512 Transfer Order by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
September 30, 2020 Filing 3511 Motion to strike Physicians on Defendants' Witness Lists filed by Plaintiff Plaintiffs' Liaison Counsel. Related document(s) #3478 , #3479 , #3480 . (Weinberger, Peter)
September 29, 2020 Filing 3510 Objection to Order Regarding Personal Jurisdiction Discovery Over Rite Aid Corporation filed by Rite Aid Corporation, Rite Aid Headquarters Corporation. Related document(s) #3457 . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Moore, Kelly)
September 28, 2020 Filing 3509 Information Copy of opinion from USCA for the Sixth Circuit: Reversing the District Court's judgment certifying a negotiation class and Remand for further proceedings consistent with this opinion re Notice of Appeals #2922 and #2923 (USCA# 19-4097 & 19-4099). This is not a mandate order. Circuit Judges: Moore, Clay, and McKeague. Date issued by USCA 9/24/20. (Attachments: #1 Judgment) (H,SP)
September 28, 2020 Filing 3508 Reply in support of #3419 Motion in Limine and Motion to Modify Prior Evidentiary Rulings and Memorandum in Support filed by Plaintiffs' Liaison Counsel. (Weinberger, Peter)
September 28, 2020 Filing 3507 Reply to Plaintiffs' Omnibus Response to Pharmacy Defendants' Motions In Limine on Behalf of Track 1B Pharmacy Defendants filed by Walmart, Inc.. (Majoras, John)
September 28, 2020 Filing 3506 Reply in Support of Motion in Limine to Exclude Orders from Non-Defendant Distributors filed by Rite Aid of Maryland, Inc.. (Moore, Kelly)
September 25, 2020 Filing 3505 Reply in Support of Walgreens' Objection to Modified Discovery Ruling No. 23 filed by Walgreen Co.. Related document(s) #3502 , #3461 , #3470 . (Attachments: #1 Exhibit 1 - Letter, #2 Exhibit 2 - Letter, #3 Exhibit 3 - Letter, #4 Exhibit 4 - Letter, #5 Exhibit 5 - Letter, #6 Exhibit 6 - Email, #7 Exhibit 7 - Letter, #8 Exhibit 8 - Email) (Stoffelmayr, Kaspar)
September 25, 2020 Filing 3504 Transcript of Telephonic Status Conference held on 9/24/2020 before Judge Dan Aaron Polster. To obtain a copy of this transcript please contact court reporter Donnalee Cotone at 216-357-7078 or e-mail donnalee_cotone@ohnd.uscourts.gov. [23 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 10/2/2020. Redaction Request due 10/16/2020. Redacted Transcript Deadline set for 10/26/2020. Release of Transcript Restriction set for 12/24/2020. (C,Do)
September 25, 2020 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. On September 24, 2020, the Court held a teleconference with counsel for the Track One-B and Track Three parties. The Court discussed with counsel various issues related to the Track One-B trial. The parties advised the Court of the status of ongoing mediation. A teleconference is scheduled for October 5, 2020 at 1:00 PM. Counsel for the same parties shall attend using the same dial-in instructions (Court Reporter: D. Cotone.)Time: 15 min. (P,R)
September 23, 2020 Filing 3503 SEALED Document:Exhibits F and G to Plaintiffs' Response in Opposition to Walgreens's Objection to Modified Discovery Ruling No. 23 filed by Plaintiffs' Liaison Counsel. Related document(s) #3501 , #3502 . (Attachments: #1 Exhibit F, #2 Exhibit G)(Weinberger, Peter)
September 23, 2020 Filing 3502 Plaintiffs' Response in Opposition to Walgreens's Objection to Modified Discovery Ruling No. 23 filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A - Sample Defendant Privilege Downgrade Production Ltrs, #2 Exhibit B - 3.25.2020 Email from Robertson to SM Cohen, #3 Exhibit C - 4.8.2020 Email from Desh re WAG Responses, #4 Exhibit D - 5.30.2020 Email from Mougey re Priv. Challenges, #5 Exhibit E - 6.19.2020 Plaintiff Challenges to Walgreens' Priv. Claims, #6 Exhibit F - Filed Under Seal, #7 Exhibit G - Filed Under Seal)Related document(s) #3461 , #3470 .(Weinberger, Peter)
September 23, 2020 Filing 3501 Marginal Entry Order granting Plaintiffs' Motion for leave to file exhibits under seal (Related Doc #3500 ). Judge Dan Aaron Polster on 9/23/20.(P,R)
September 23, 2020 Filing 3500 Motion for leave to file under seal Exhibits F and G to Plaintiffs' Response in Opposition to Walgreens's Objection to Modified Discovery Ruling No. 23 filed by Plaintiff (Attachments: #1 Proposed Order)(Weinberger, Peter)
September 22, 2020 Opinion or Order Filing 3499 Order denying Pharmacy Defendants' Motion for reconsideration or certification. Related Doc #3439 . Judge Dan Aaron Polster on 9/22/20.(P,R)
September 21, 2020 Filing 3498 Answer to #3327 Amended complaint,, filed by Eckerd Corporation, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc.. (Moore, Kelly)
September 21, 2020 Filing 3497 Answer to #3326 Amended complaint,, filed by Eckerd Corporation, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc.. (Moore, Kelly)
September 21, 2020 Filing 3496 Reply in support of #3443 Motion for sanctions against the Allergan and Teva Defendants filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Declaration of Evan Janush, #2 Exhibit 1 - 4.24.19 discovery teleconference transcript, #3 Exhibit 2 - 4.30.19 discovery teleconference transcript, #4 Exhibit 3 - 6.25.18 Crawford Email to Feinstein with Search Terms, #5 Exhibit 4 - 10K - cover and page 24, #6 Exhibit 5 - Napoli depo excerpt, #7 Exhibit 6 - 2018.08.08 Letter D. Welch to T. Egler, #8 Exhibit 7 - 3.11.2019 D. Welch letter to A. Baig, #9 Exhibit 8 - Mary Woods depo excerpt)(Weinberger, Peter)
September 21, 2020 Filing 3495 Answer and Affirmative Defenses to County of Trumbulls Supplemental and Amended Allegations to be Added to Short form for Supplementing Complaint Answer to #3326 Amended complaint,, filed by Giant Eagle, Inc., HBC Service Company. (Barnes, Robert)
September 21, 2020 Filing 3494 Answer and Affirmative Defenses to Plaintiff's Supplemental and Amended Allegations To Be Added to "Short Form for Supplementing Complaint and Amending Defendants and Jury Demand" filed by Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. Related document(s) #3326 . (Stoffelmayr, Kaspar)
September 21, 2020 Filing 3493 Answer and Affirmative Defenses to Plaintiff's Supplemental and Amended Allegations To Be Added to "Short Form for Supplementing Complaint and Amending Defendants and Jury Demand" filed by Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. Related document(s) #3327 . (Stoffelmayr, Kaspar)
September 21, 2020 Filing 3492 Answer and Affirmative Defenses to County of Lakes Supplemental and Amended Allegations to be Added to Short form for Supplementing Complaint Answer to #3327 Amended complaint,, filed by Giant Eagle, Inc., HBC Service Company. (Barnes, Robert)
September 21, 2020 Filing 3491 Answer to #3327 Amended complaint,, filed by Walmart, Inc.. (Fumerton, Tara)
September 21, 2020 Filing 3490 Answer to #3326 Amended complaint,, filed by Walmart, Inc.. (Fumerton, Tara)
September 21, 2020 Filing 3489 Answer and Affirmative Defenses To Plaintiff's Supplemental and Amended Allegations To Be Added To Short Form Supplementing Complaint filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Ohio CVS Stores, LLC. Related document(s) #3326 . (Delinsky, Eric)
September 21, 2020 Filing 3488 Answer and Affirmative Defenses To Plaintiff's Supplemental and Amended Allegations To Be Added To Short Form Supplementing Complaint filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Ohio CVS Stores, LLC. Related document(s) #3327 . (Delinsky, Eric)
September 21, 2020 Filing 3487 Stipulated Notice of Dismissal Under FRCP 41(a)(1) As To Certain Track Three Walmart Defendants filed by Walmart, Inc.. (Fumerton, Tara)
September 21, 2020 Filing 3486 Conditional Transfer Order (CTO 173) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
September 21, 2020 Filing 3485 Witness List filed by Discount Drug Mart, Inc.. (Johnson, Timothy)
September 21, 2020 Filing 3484 Witness List filed by Plaintiffs' Lead Counsel. (Hanly, Paul)
September 21, 2020 Filing 3483 Witness List filed by Rite Aid of Maryland, Inc.. (Moore, Kelly)
September 21, 2020 Filing 3482 Joint Witness List filed by CVS Indiana, L.L.C., CVS RX Services, Inc., Discount Drug Mart, Inc., Giant Eagle, Inc., HBC Service Company, Walmart, Inc., Rite Aid of Maryland, Inc., Walgreen Co.. (Moore, Kelly)
September 21, 2020 Filing 3481 Witness List filed by Walmart, Inc.. (Fumerton, Tara)
September 21, 2020 Filing 3480 Witness List filed by CVS Indiana, L.L.C., CVS RX Services, Inc.. (Delinsky, Eric)
September 21, 2020 Filing 3479 Witness List filed by Walgreen Co.. (Stoffelmayr, Kaspar)
September 21, 2020 Filing 3478 Witness List filed by Giant Eagle, Inc., HBC Service Company. (Barnes, Robert)
September 18, 2020 Filing 3477 Report of Special Master Discovery Ruling No. 14, Part 14 Regarding Cuyahoga County's Privilege Claims filed by David Rosenblum Cohen. (Cohen, David)
September 18, 2020 Opinion or Order Order [non-document] denying Motion for leave file motion to remand filed by Fond du Lac Band of Lake Superior Chippewa (Related Doc #3476 ). Judge Dan Aaron Polster on 9/18/20.(P,R)
September 18, 2020 Opinion or Order Order [non-document] - The Court has reviewed the Letter Regarding NAS Deposition (Doc. #: #3474 ) and the response (Doc. #: #3475 ). The Court will address this matter privately. The request for sanctions is denied. Judge Dan Aaron Polster on 9/18/20. (P,R)
September 17, 2020 Filing 3476 Motion for leave to file motion to remand filed by Fond du Lac Band of Lake Superior Chippewa. (Frazer, T.)
September 17, 2020 Filing 3475 Letter regarding docket entry 3474 filed by Jennifer Artz, Melissa Barnwell, Michelle Frost, Jacqueline Ramirez, Roman Ramirez. (Attachments: #1 Exhibit A-Letter)(Dann, Marc)
September 16, 2020 Filing 3474 Letter Regarding NAS Deposition filed by Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, Ortho-McNeil-Janssen Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Transcript of Deposition of Lewis P. Rubin, M.D.)(Lifland, Charles)
September 16, 2020 Filing 3473 Appeal Order from USCA for the Sixth Circuit: The defendant pharmacies, as identified in the Board's mandamus petition, are Ordered to file an answer to the petition no later than fifteen days after entry of this order. The District Court is Invited to file an answer within the same time period. The motion for a stay is administratively Granted pending our consideration of any answer re #3434 (USCA# 20-3875). Circuit Judges: Suhrheinrich, Gibbons, and Kethledge. Date issued by USCA 9/15/20 (H,SP)
September 16, 2020 Opinion or Order Filing 3472 Order Modifying Section III(b)(5) of the Revised Track One-B Civil Jury Trial Order. Judge Dan Aaron Polster on 9/16/20. (P,R)
September 16, 2020 Filing 3471 Joint Motion For Order Modifying Revised Track One-B Jury Trial Order Regarding Deadline For Filing Exhibit Lists filed by Defendant Walmart, Inc.. (Attachments: #1 Exhibit A - Proposed Order Modifying Revised Track One-B Trial Order)(Fumerton, Tara)
September 16, 2020 Opinion or Order Order (non-document) granting Joint Motion for Order Modifying Revised Track One-B Jury Trial Order Regarding Deadline For Filing Exhibit Lists(Related Doc #3471 ). Judge Dan Aaron Polster on 9/16/20(P,R)
September 16, 2020 Opinion or Order Order [non-document] - Plaintiffs are directed to file a response to Objection to Modified Discovery Ruling 23 filed by Walgreen Co. #3470 no later than 12:00 PM on September 23, 2020. Judge Dan Aaron Polster on 9/16/20. (P,R)
September 15, 2020 Filing 3470 Objection to Modified Discovery Ruling 23 filed by Walgreen Co.. Related document(s) #3461 . (Attachments: #1 Exhibit 1 - Letter, #2 Exhibit 2 - Letter, #3 Exhibit 3 - Letter, #4 Exhibit 4 - Letter, #5 Exhibit 5 - Letter, #6 Exhibit 6 - Email, #7 Exhibit 7 - Email, #8 Exhibit 8 - Letter, #9 Exhibit 9 - Agenda) (Stoffelmayr, Kaspar)
September 15, 2020 Filing 3469 Notice of Service of Allergan Defs' Oppostion to Pltfs' Motion for Sanctions & Exhibits filed by Allergan Finance, LLC f/k/a/ Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc., Allergan Sales, LLC, Allergan USA, Inc.. (Attachments: #1 Pleading ECF No. 3467 Refiled Allergan Opposition to Plaintiffs' Motion for Sanctions, #2 Exhibit Declaration of Paul W. Hamby, #3 Exhibit Declaration of Karl Lomberk, #4 Exhibit Declaration of Karl Stampfl in support of the Allergan Defendants Opposition to Plaintiffs Motion for Sanctions, #5 Exhibit Exhibit 1 - Service Provider Master Agreement, #6 Exhibit Exhibit 2 - Statement of Work No. 1, #7 Exhibit Exhibit 3 - Excerpts from January 17, 2019 Deposition of Thomas P. Napoli, #8 Exhibit Exhibit 4 - February 5, 2019 Letter from Catie Ventura, #9 Exhibit Exhibit 5 - June 14, 2019 Letter from Donna M - Welch, #10 Exhibit Exhibit 6 - July-August 2020 Email Exchange, #11 Exhibit Exhibit 7 - September 8, 2011 SOMS (Suspicious Order Management) Presentation, #12 Exhibit Exhibit 8 - Suspicious Order Monitoring (SOM) Presentation, #13 Exhibit Exhibit 9 - February 15, 2019 Letter from Patrick L - Oot, #14 Exhibit Exhibit 10 - May 29, 2019 Letter from Catie Ventura, #15 Exhibit Exhibit 11 - June 13, 2019 Letter from Catie Ventura, #16 Exhibit Exhibit 12 - September 3, 2020 Email from Catie Ventura)Related document(s) #3467 .(Welch, Donna)
September 15, 2020 Filing 3468 Reply in support of #3439 Motion for reconsideration or certification of Order denying Pharmacy Defendants' motion to dismiss second amended complaints filed by Walmart, Inc.. (Fumerton, Tara)
September 14, 2020 Filing 3467 Response to #3443 Motion for sanctions filed by Allergan Finance, LLC f/k/a/ Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc., Allergan Sales, LLC, Allergan USA, Inc.. (Attachments: #1 Exhibit Declaration of Paul W. Hamby, #2 Exhibit Declaration of Karl Lomberk, #3 Exhibit Declaration of Karl Stampfl in support of the Allergan Defendants Opposition to Plaintiffs Motion for Sanctions, #4 Exhibit 1. Service Provider Master Agreement, #5 Exhibit 2. Statement of Work No. 1, #6 Exhibit 3. Excerpts from January 17, 2019 Deposition of Thomas P. Napoli, #7 Exhibit 4. February 5, 2019 Letter from Catie Ventura, #8 Exhibit 5. June 14, 2019 Letter from Donna M. Welch, #9 Exhibit 6. July-August 2020 Email Exchange, #10 Exhibit 7. September 8, 2011 SOMS (Suspicious Order Management) Presentation, #11 Exhibit 8. Suspicious Order Monitoring (SOM) Presentation, #12 Exhibit 9. February 15, 2019 Letter from Patrick L. Oot, #13 Exhibit 10. May 29, 2019 Letter from Catie Ventura, #14 Exhibit 11. June 13, 2019 Letter from Catie Ventura, #15 Exhibit 12. September 3, 2020 Email from Catie Ventura)(Welch, Donna)
September 14, 2020 Filing 3466 Opposition to #3443 Motion for sanctions filed by Actavis LLC, Actavis Pharma, Inc., Cephalon, Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (Attachments: #1 Exhibit 1 (Declaration of Jon Maier), #2 Exhibit 2 (T. Napoli Deposition Transcript Excerpts))(Feinstein, Wendy)
September 14, 2020 Filing 3465 Opposition to #3419 Motion in Limine and Motion to Modify Prior Evidentiary Rulings and Memorandum in Support On Behalf of Track 1B Pharmacy Defendants filed by Walmart, Inc.. (Attachments: #1 Exhibit Track 1A Defendants' Briefing Relating to Plaintiffs' Preservation Objections)(Majoras, John)
September 14, 2020 Filing 3464 Omnibus Response to Pharmacy Defendants' Motions in Limine (Docs 3411, 3413-3418, 3420-3423, 3425-3426) and Memorandum in Support filed by Plaintiffs. (Attachments: #1 Exhibit Summary Sheet, #2 Exhibit A, #3 Exhibit B)(Weinberger, Peter)
September 14, 2020 Filing 3463 Conditional Transfer Order (CTO 171) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
September 14, 2020 Filing 3462 Stipulation & Order Modifying Section III(b)(8) of the Revised Track One-B Civil Jury Trial Order. Judge Dan Aaron Polster on 9/14/20. (P,R)
September 14, 2020 Opinion or Order Order [non-document] granting Joint Motion For Order Entering Stipulation Modifying Section III(b)(8) of the Revised Track One-B Civil Jury Trial Order (Related Doc #3460 ). Judge Dan Aaron Polster on 9/14/20.(P,R)
September 13, 2020 Filing 3461 Report of Special Master MODIFIED Discovery Ruling No. 23 Regarding Walgereens' and Plaintiffs' Privilege Claims filed by David Rosenblum Cohen. Related document(s) #3455 . (Cohen, David)
September 11, 2020 Filing 3460 Joint Motion For Order Entering Stipulation Modifying Section III(b)(8) of the Revised Track One-B Civil Jury Trial Order filed by CVS Indiana, L.L.C., CVS RX Services, Inc.. (Attachments: #1 Exhibit A - Stipulation Modifying Section III(b)(8) of the Revised Track One-B Civil Jury Trial Order)(Delinsky, Eric)
September 10, 2020 Filing 3459 Objection - Walgreens' Partial Objection re Discovery Ruling 23 filed by Walgreen Co.. Related document(s) #3455 . (Attachments: #1 Exhibit 1 - Letter, #2 Exhibit 2 - Letter, #3 Exhibit 3 - Letter, #4 Exhibit 4 - Letter, #5 Exhibit 5 - Email) (Stoffelmayr, Kaspar)
September 10, 2020 Filing 3458 Attorney Appearance by Paul M. Mannix filed on behalf of Giant Eagle, Inc., HBC Service Company. (P,R)
September 8, 2020 Filing 3457 Report of Special Master Ruling Regarding Jurisdictional Discovery of Rite Aid Corp. filed by David Rosenblum Cohen. (Cohen, David)
September 8, 2020 Filing 3456 Opposition to #3439 Motion for reconsideration or certification of Order denying Pharmacy Defendants' motion to dismiss second amended complaints filed by Plaintiffs' Liaison Counsel. (Weinberger, Peter)
September 7, 2020 Filing 3455 Report of Special Master Discovery Ruling No. 23 Regarding Walgereens' and Plaintiffs' Privilege Claims filed by David Rosenblum Cohen. (Cohen, David)
September 4, 2020 Filing 3454 Notice of Compliance with July 20, 2020 Order filed by Plaintiffs. Related document(s) #3385 .(Weinberger, Peter)
September 3, 2020 Filing 3453 Transcript of Status Conference held on September 3, 2020 before Judge Dan A. Polster. To obtain a copy of this transcript please contact court reporter Sue Trischan at susan_trischan@ohnd.uscourts.gov or 216-357-7087. [25 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 9/10/2020. Redaction Request due 9/24/2020. Redacted Transcript Deadline set for 10/5/2020. Release of Transcript Restriction set for 12/2/2020. (T,S)
September 3, 2020 Opinion or Order Filing 3452 Stipulation and Order regarding trial exhibits (Related Doc #3451 ). Judge Dan Aaron Polster on 9/3/20.(P,R)
September 3, 2020 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. On September 3, 2020, the Court held a teleconference with counsel for the Track One-B and Track Three parties. The Court discussed with counsel various issues related to the Track One-B trial. The Court scheduled additional teleconferences for September 24, 2020 at 3:00 PM and October 5, 2020 at 1:00 PM. Counsel for the same parties shall attend using the same dial-in instructions. The parties shall file a status report by 12:00 PM on September 21, 2020 as required by CMO 1 and provide therein the information requested by the Court regarding the remedy phase of the Track One-B trial. (Court Reporter: Sue Trischan.)Time: 30 min. (P,R)
September 2, 2020 Filing 3451 Joint Motion For Order Entering Joint Trial Exhibit Stipulation In Track One-B Cases filed by Defendant Walmart, Inc.. (Attachments: #1 Exhibit A - Proposed Joint Trial Exhibit Stipulation)(Fumerton, Tara)
September 2, 2020 Filing 3450 Proposed Voir Dire (Pharmacy Defendants' Proposed Preliminary Statement filed by CVS Indiana, L.L.C., CVS RX Services, Inc., Discount Drug Mart, Inc., Giant Eagle, Inc., HBC Service Company, Walmart, Inc., Rite Aid of Maryland, Inc., Walgreen Co.. (Barnes, Robert)
September 2, 2020 Filing 3449 Joint Proposed Jury Instructions filed by Walgreen Co.. (Attachments: #1 Exhibit A - Document, #2 Exhibit B - Pleading)(Stoffelmayr, Kaspar)
September 2, 2020 Filing 3448 Motion in limine No. 43 to Preclude Reference to Pharmacy Class Actions and Similar Litigation filed by Plaintiff Plaintiffs' Lead Counsel. (Weinberger, Peter)
September 1, 2020 Filing 3447 Notice of Non-Consent Under This Court's General Order No. 2020-08-2 In Light of the COVID-19 Public Health Emergency filed by CVS Indiana, L.L.C., CVS RX Services, Inc., Discount Drug Mart, Inc., HBC Service Company, Walmart, Inc., Rite Aid of Maryland, Inc., Walgreen Co.. (Attachments: #1 Exhibit A (Email from David R. Cohen to the Parties, copying Judge Polster (Aug. 27, 2020)))(Majoras, John)
September 1, 2020 Filing 3446 SEALED Document:Notice of Filing Exhibits 1, 10, and 19 to Plaintiffs' Motion For Sanctions filed by Plaintiffs' Liaison Counsel. Related document(s) #3445 , #3443 . (Attachments: #1 Exhibit 1 - under seal, #2 Exhibit 10 - under seal, #3 Exhibit 19 - under seal)(Weinberger, Peter)
September 1, 2020 Opinion or Order Filing 3445 Order granting #3444 Plaintiffs' Motion for Leave to File Exhibits Under Seal. Judge Dan Aaron Polster on 9/1/20. (P,R)
September 1, 2020 Opinion or Order Order [non-document] granting Plaintiffs' Motion for leave to File Additional Motion in Limine After Deadline (Related Doc #3441 ). Judge Dan Aaron Polster on 9/1/20.(P,R)
August 31, 2020 Filing 3444 Motion for Leave to File Exhibits Under Seal filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Proposed Order)Related document(s) #3443 .(Weinberger, Peter)
August 31, 2020 Filing 3443 Motion for sanctions filed by Plaintiff Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit Declaration of Evan M. Janush, #2 Exhibit 1 - to be filed under seal, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10 - to be filed under seal, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19 - to be filed under seal, #21 Exhibit 20)(Weinberger, Peter)
August 31, 2020 Opinion or Order Filing 3442 Order Regarding Recording of Hearings or Trial. Judge Dan Aaron Polster on 8/31/20. (P,R)
August 31, 2020 Filing 3441 Motion for leave to File Additional Motion in Limine After Deadline filed by Plaintiff Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A - Plaintiffs' Motion in Limine No. 43)(Weinberger, Peter)
August 31, 2020 Opinion or Order Order [non-document] granting Track Three Plaintiffs' Motion to Dismiss CVS Health Corporation (Related Doc #3440 ); denying as moot CVS Health Corporation's Motion to dismiss (Related Doc #3338 ). Judge Dan Aaron Polster on 8/31/20.(P,R)
August 28, 2020 Filing 3440 Unopposed Motion to dismiss party Unopposed Motion to Dismiss CVS Health Corporation filed by Lake County, Trumbull County. Related document(s) #3338 . (Badala, Salvatore)
August 25, 2020 Filing 3439 Motion for reconsideration or certification of Order denying Pharmacy Defendants' motion to dismiss second amended complaints filed by Defendant Walmart, Inc.. Related document(s) #3403 . (Attachments: #1 Exhibit Ex. A - Excerpts of Relevant Regulations)(Fumerton, Tara)
August 24, 2020 Filing 3438 Notice of Compliance With Court Order filed by AmerisourceBergen Drug Corporation. Related document(s) #3385 .(Nicholas, Robert)
August 24, 2020 Opinion or Order Filing 3437 Order regarding #3410 Walgreens' Partial Objection to the Second Order Regarding Geographic Scope of Discovery. Judge Dan Aaron Polster on 8/24/20. (P,R)
August 24, 2020 Filing 3436 Conditional Transfer Order (CTO 169) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
August 21, 2020 Filing 3435 Objection - Walgreens' Reply Supporting Its Objection to the Second Order Regarding Geographic Scope of Discovery filed by Walgreen Co., Walgreen Eastern Co., Inc.. Related document(s) #3430 , #3433 , #3410 . (Attachments: #1 Exhibit A - Email, #2 Exhibit B - Email, #3 Exhibit C - Report, #4 Exhibit D - Deposition Transcript, #5 Exhibit E - Deposition Transcript) (Stoffelmayr, Kaspar)
August 21, 2020 Filing 3434 Appeal Remark from USCA for the Sixth Circuit: A petition for writ of mandamus filed by State of OH Board of Pharmacy (USCA# 20-3875) (H,SP)
August 21, 2020 Opinion or Order Order [non-document] granting Motion for leave to Withdraw Appearance of Certain Counsel of Record (Thomas Hurka) filed by Actavis Pharma, Inc., Cephalon, Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc. (Related Doc #3432 ). Judge Dan Aaron Polster on 8/21/20.(P,R)
August 20, 2020 Filing 3433 Plaintiffs' Opposition To Walgreens's Partial Objection Re: Second Order Regarding Geographic Scope Of Discovery filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)Related document(s) #3430 .(Weinberger, Peter)
August 20, 2020 Filing 3432 Motion for leave to Withdraw Appearance of Certain Counsel of Record filed by Actavis Pharma, Inc., Cephalon, Inc., Teva Pharmaceutical Industries Ltd., Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Proposed Order)(Hurka, Thomas)
August 19, 2020 Filing 3431 Notice of Filing of Petition for Writ of Mandamus in the Sixth Circuit Court of Appeals filed by State of Ohio Board of Pharmacy. (Attachments: #1 Exhibit)(Murch, Kevin)
August 17, 2020 Filing 3430 Partial Objection to Second Order regarding Geographic Scope of Discovery filed by Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. Related document(s) #3410 . (Stoffelmayr, Kaspar)
August 17, 2020 Filing 3429 Conditional Transfer Order (CTO 168) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
August 14, 2020 Filing 3428 NOTICE OF SUGGESTION ON PENDENCY OF BANKRUPTCY filed by Akorn, Inc. (Attachments: #1 Exhibit A - Akorn - Notice of Commencement Draft)(Reppeto, Lisa)
August 14, 2020 Filing 3427 NOTICE OF SUGGESTION ON PENDENCY OF BANKRUPTCY filed by Akorn, Inc. (Attachments: #1 Exhibit Ex. A - Akorn - Notice of Commencement Draft)(Reppeto, Lisa)
August 14, 2020 Filing 3426 Motion in limine To Preclude Evidence Or Argument Relating To Participation In Trade Associations On Behalf Of Track One-B Pharmacy Defendants filed by Defendant Walmart, Inc.. (Attachments: #1 Summary Sheet, #2 Exhibit A - Prior Motion In Limine Briefing Relating To Precluding Evidence Of Participation In Trade Associations)(Fumerton, Tara)
August 14, 2020 Filing 3425 Motion in limine To Limit Testimony Of Craig McCann On Behalf Of Track One-B Pharmacy Defendants filed by Defendant Walmart, Inc.. (Attachments: #1 Exhibit A - Craig McCann Expert Report (Excerpt), #2 Exhibit B - Craig McCann Second Supplemental Expert Report (Excerpt), #3 C - Craig McCann Deposition Transcript (Excerpt), #4 D - James Rafalski Deposition Transcript (Excerpt), #5 E - James Rafalski Deposition Transcript (Excerpt), #6 Summary Sheet)(Fumerton, Tara)
August 14, 2020 Filing 3424 In Limine Evidentiary Stipulations filed by Plaintiffs' Liaison Counsel. (Weinberger, Peter)
August 14, 2020 Filing 3423 Motion in limine To Exclude Orders From Non-Defendant Distributors filed by Defendant Rite Aid of Maryland, Inc.. (Attachments: #1 Summary Sheet)(Moore, Kelly)
August 14, 2020 Filing 3422 Omnibus Motion in limine to Preserve Arguments and Objections Related to Prior Motions in Limine filed by Defendant Walgreen Co.. (Stoffelmayr, Kaspar)
August 14, 2020 Filing 3421 Motion in limine To Preclude Evidence Of Extraterritorial Conduct Without Establishing A Specific Nexus To Cuyahoga Or Summit County And A Track One-B Defendant On Behalf Of Track One-B Pharmacy Defendants filed by Defendant Walmart, Inc.. (Attachments: #1 Summary Sheet, #2 Exhibit A - Prior Motion In Limine Briefing Relating To Conduct That Occurred Outside The Relevant Counties)(Fumerton, Tara)
August 14, 2020 Filing 3420 Motion in limine To Preclude Evidence Of Settlements On Behalf Of Track One-B Pharmacy Defendants filed by Defendant Walmart, Inc.. (Attachments: #1 Summary Sheet, #2 Exhibit A - Prior Motion In Limine Briefing Relating To Settlements)(Fumerton, Tara)
August 14, 2020 Filing 3419 Motion in Limine and Motion to Modify Prior Evidentiary Rulings and Memorandum in Support filed by Plaintiff Plaintiffs' Lead Counsel. (Attachments: #1 Exhibit Summary Sheet, #2 Exhibit A, #3 Exhibit B)(Weinberger, Peter)
August 14, 2020 Filing 3418 Motion in limine To Preclude Evidence Of Civil Or Criminal Investigations Or Other Litigation On Behalf Of Track One-B Pharmacy Defendants filed by Defendant Walmart, Inc.. (Attachments: #1 Summary Sheet)(Fumerton, Tara)
August 14, 2020 Filing 3417 Motion in limine To Preclude Evidence Or Argument That Defendants Could Have Stopped Distributing Schedule II Controlled Substances On Behalf Of Track One-B Pharmacy Defendants filed by Defendant Walmart, Inc.. (Attachments: #1 Summary Sheet)(Fumerton, Tara)
August 14, 2020 Filing 3416 Motion in limine To Preclude Evidence, Argument, And Testimony Comparing Defendants' Conduct To Wars, National Tragedies, Terrorist Attacks, The Tobacco Industry, Or Any Comparison Of Defendants To Such Actors On Behalf Of Track One-B Pharmacy Defendants filed by Defendant Walmart, Inc.. (Attachments: #1 Summary Sheet)(Fumerton, Tara)
August 14, 2020 Filing 3415 Motion in limine To Preclude Testimony Or Argument Negatively Characterizing Defendants As Large Corporations On Behalf Of Track One-B Pharmacy Defendants filed by Defendant Walmart, Inc.. (Attachments: #1 Summary Sheet)(Fumerton, Tara)
August 14, 2020 Filing 3414 Motion in limine To Preclude Evidence Concerning Absence, Presence or Identity of Defendants' Corporate Representatives At Trial On Behalf Of Track One-B Pharmacy Defendants filed by Defendant Walmart, Inc.. (Attachments: #1 Summary Sheet)(Fumerton, Tara)
August 14, 2020 Filing 3413 Motion in limine To Preclude Evidence Relating to Personal Information of Counsel and Staff On Behalf Of Track One-B Pharmacy Defendants filed by Defendant Walmart, Inc.. (Attachments: #1 Exhibit A - Email Correspondence, #2 Summary Sheet)(Fumerton, Tara)
August 14, 2020 Filing 3412 Omnibus Motion in limine Preserving Objections to Prior Motions In Limine Summary Sheet On Behalf Of Track One-B Pharmacy Defendants filed by Defendant Walmart, Inc.. Related document(s) #3411 . (Attachments: #1 Omnibus Memorandum of Law In Support of All Track One Defendants, #2 Omnibus Memorandum of Law In Support of Distributor Defendants, #3 Walgreens' Motions In Limine, #4 Trial Defendants' Memorandum In Opposition to Plaintiffs' Motions In Limine)(Fumerton, Tara)
August 14, 2020 Filing 3411 Omnibus Motion in limine Preserving Objections to Prior Motions In Limine On Behalf Of Track One-B Pharmacy Defendants filed by Defendant Walmart, Inc.. (Fumerton, Tara)
August 12, 2020 Filing 3410 Second Report of Special Master Order Regarding Geographic Scope of Discovery in Track Three filed by David Rosenblum Cohen. Related document(s) #3371 . (Cohen, David)
August 12, 2020 Opinion or Order Filing 3409 Order Establishing Remote Deposition Protocol In Track One-B And Track Three Cases Due to COVID-19 (Related Doc #3408 ). Judge Dan Aaron Polster on 8/12/20.(P,R)
August 12, 2020 Filing 3408 Joint Motion For Order Establishing Remote Deposition Protocol In Track One-B And Track Three Cases filed by Defendant Walmart, Inc.. (Attachments: #1 Exhibit Order Establishing Remote Deposition Protocol)(Fumerton, Tara)
August 11, 2020 Filing 3407 Conditional Transfer Order (CTO 167) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
August 11, 2020 Opinion or Order Order [non-document] denying Motion for leave to File Motion for Remand Procedure or Suggestion of Remand to JPML filed by City of Albuquerque, City of Santa Fe (Related Doc #3396 ). Judge Dan Aaron Polster on 8/11/20.(P,R)
August 10, 2020 Filing 3406 Opposition to #3396 Motion for leave to File Motion for Remand Procedure or Suggestion of Remand to JPML filed by Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.. (Stern, Jonathan)
August 7, 2020 Filing 3405 Transcript of Status Conference Proceedings held on August 5, 2020 before Judge Dan A. Polster. To obtain a copy of this transcript please contact court reporter Sue Trischan at susan_trischan@ohnd.uscourts.gov or 216-357-7087. [20 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 8/14/2020. Redaction Request due 8/28/2020. Redacted Transcript Deadline set for 9/8/2020. Release of Transcript Restriction set for 11/5/2020. (T,S)
August 6, 2020 Filing 3404 Transfer Order by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
August 6, 2020 Filing 3403 Opinion and Order denying Pharmacy Defendants' Motion to Dismiss Second Amended Complaints (County of Lake, Ohio v. Purdue Pharma, L.P., et al, 1:18op45032 and County of Trumbull, Ohio v. Purdue Pharma, L.P., et al, 1:18op45079 (Related Doc #3340 ). Judge Dan Aaron Polster on 8/6/20.(P,R)
August 6, 2020 Opinion or Order Order [non-document] granting #3402 Plaintiff Lake County's Motion to Sever Omnicare Distribution Center LLC from Track Three. Judge Dan Aaron Polster on 8/6/20.(P,R)
August 5, 2020 Filing 3402 Unopposed Motion to sever Omnicare Distribution Center LLC from Track Three filed by Plaintiff Plaintiffs' Lead Counsel. (Weinberger, Peter)
August 4, 2020 Filing 3401 Attorney Appearance for John Majoras by Tara A. Fumerton filed by on behalf of Walmart, Inc.. (Fumerton, Tara)
August 3, 2020 Filing 3400 Conditional Transfer Order (CTO 166) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
July 29, 2020 Filing 3399 Report of Special Master Order Regarding Temporal Scope of Discovery filed by David Rosenblum Cohen. (Cohen, David)
July 28, 2020 Filing 3398 Report of Special Master Order re Motions in Limine in Track 1B filed by David Rosenblum Cohen. (Cohen, David)
July 27, 2020 Opinion or Order Filing 3397 Order Denying Without Prejudice PEC's Motion for Entry of Order Establishing Common Benefit Fund (Related Doc #3112 ). Judge Dan Aaron Polster on 7/27/20.(P,R)
July 25, 2020 Filing 3396 Motion for leave to File Motion for Remand Procedure or Suggestion of Remand to JPML filed by City of Albuquerque, City of Santa Fe. (Attachments: #1 Exhibit A Mtn for Remand Procedure or Suggestion of Remand to JPML, #2 Exhibit 1 Albq First Am Complaint, #3 Exhibit 2 Santa Fe First Am Complaint, #4 Exhibit 3 Albq Mtn to Remand, #5 Exhibit 4 Santa Fe Mtn to Remand, #6 Exhibit 5 Albq Mtn to Expedite Mtn to Remand, #7 Exhibit 6 Santa Fe Mtn to Expedite Mtn to Remand, #8 Exhibit 7 Albq Mtn Hearing Transcript, #9 Exhibit 8 Correspondence to the Honorable Carl J. Butkus, #10 Exhibit 9 Correspondence to the Honorable Bryan Biedscheid, #11 Exhibit 10 Santa Fe Mtn Hearing Transcript, #12 Exhibit 11 Santa Fe Mtn to Vacate CTO 125, #13 Exhibit 12 Albq Mtn to Vacate CTO 127, #14 Exhibit 13 Ltr frm Joanne Cicala et al to Hon Dan Aaron Polster, #15 Proposed Order PROPOSED ORDER Establishing Remand Procedures, #16 Proposed Order ALT PROPOSED Suggestion of Remand)(McCarley, Matthew)
July 24, 2020 Opinion or Order Filing 3395 Order granting Pharmacy Defendants' Motion to compel discovery for Limited Additional Data from the Ohio Board of Pharmacy's OARRS Database (Related Doc #3364 ). Judge Dan Aaron Polster on 7/24/20.(P,R)
July 23, 2020 Filing 3394 Conditional Transfer Order (CTO 165) by the Judicial Panel on Multidistrict Litigation transferring listed case to the Northern District of Ohio. (P,R)
July 23, 2020 Filing 3393 Appeal Order from USCA for the Sixth Circuit: The Court requests a response to the motion to take judicial notice, to be filed no later than Noon on Monday, July 27, 2020 re Notice of Appeals #2922 and #2923 (USCA# 19-4097 & 19-4099). Date issued by USCA 7/22/20 (H,SP)
July 23, 2020 Filing 3392 Appeal Order from USCA for the Sixth Circuit: Granting the motions to file amicus brief, filed by Lawyers for Civil Justice in 19-4097, and by Certain Opt-Out Entities within the State of Texas in 19-4097 & 19-4099 re Notice of Appeals #2922 and #2923 . Date issued by USCA 7/22/20 (H,SP)
July 22, 2020 Filing 3391 Reply In Support of Pharmacy Defendants' Motion to Compel Limited Additional Data from the Ohio Board of Pharmacy's OARRS Database filed by Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. Related document(s) #3364 . (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Stoffelmayr, Kaspar)
July 22, 2020 Opinion or Order Filing 3390 Order by the Judicial Panel on Multidistrict Litigation lifting stay of CTO 163 and transferring listed cases to the Northern District of Ohio. (P,R)
July 21, 2020 Opinion or Order Filing 3389 Order overruling Plaintiffs' and Pharmacy Defendants' objections to Special Master rulings. Judge Dan Aaron Polster on 7/21/20. (P,R)
July 21, 2020 Filing 3388 Conditional Transfer Order (CTO 164) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
July 21, 2020 Filing 3387 Appeal Order from USCA for the Sixth Circuit: Dismissing the motion to enforce a writ of mandamus re #3092 (USCA# 20-3075). Circuit Judges: Siler, Griffin, and Kethledge. Date issued by USCA 7/16/20 (H,SP)
July 20, 2020 Filing 3386 Track Three Plaintiffs' Reply in Opposition to the Parmacy Defendants' Objection to the Order Regarding Geographic Scope of Discovery filed by Plaintiffs' Lead Counsel. Related document(s) #3371 .(Weinberger, Peter)
July 20, 2020 Opinion or Order Filing 3385 Order regarding Plaintiffs' Motion to Compel Defendant Amerisourcebergen to Produce Discovery Improperly Withheld and to Show Cause Why it Should Not Be Sanctioned for its Discovery Misconduct (Related Doc #3300 ). Judge Dan Aaron Polster on 7/20/20.(P,R)
July 17, 2020 Opinion or Order Filing 3384 Order regarding CVS Distributors' privileged communications and documents. Judge Dan Aaron Polster on 7/17/20. (Attachments: #1 Exhibit A - Document Chart, #2 Exhibit B - Document Chart, #3 Exhibit C - Document Chart)(P,R)
July 16, 2020 Filing 3383 Objection to Report of Special Master Order Regarding Geographic Scope of Discovery filed by Rite Aid of Maryland, Inc.. Related document(s) #3371 . (Moore, Kelly)
July 16, 2020 Filing 3382 Track 3 Plaintiffs' Objections to Special Master's Ruling Regarding Re-Deposition of Witnesses filed by Plaintiffs' Lead Counsel. (Attachments: #1 Exhibit 1 - Email)Related document(s) #3359 .(Weinberger, Peter)
July 16, 2020 Filing 3381 Joint Motion Entry of Consent Order to Address Privilege Issues Relating to Certain CVS Documents filed by Plaintiff Plaintiffs' Executive Committee. (Attachments: #1 Proposed Order, #2 Exhibit A-C)(Irpino, Anthony)
July 15, 2020 Filing 3380 Response to #3364 Motion to compel discovery for Limited Additional Data from the Ohio Board of Pharmacy's OARRS Database, filed on behalf of Pharmacy Defendants filed by State of Ohio Board of Pharmacy. (Appel, Henry)
July 13, 2020 Filing 3379 Reply in Support of Pharmacy Defendants' Motion to Dismiss filed by Walmart, Inc.. (Attachments: #1 Exhibit Ex. A - Order in Holiday CVS, L.L.C., Dkt. No. 12-37 & 12-38 (DEA Apr. 13, 2012))(Fumerton, Tara)
July 13, 2020 Filing 3378 Sur-Reply to #3300 Motion to Compel Defendant Amerisourcebergen to Produce Discovery Improperly Withheld and to Show Cause Why it Should Not Be Sanctioned for its Discovery Misconduct filed by AmerisourceBergen Drug Corporation. (Nicholas, Robert)
July 13, 2020 Filing 3377 Motion for leave to File a Supplemental Sur-Reply filed by Defendant AmerisourceBergen Drug Corporation. Related document(s) #3376 . (Attachments: #1 Exhibit A - Supplemental Sur-Reply)(Nicholas, Robert)
July 13, 2020 Opinion or Order Order [non-document] granting Motion for leave File a Supplemental Sur-Reply filed by Defendant AmerisourceBergen Drug Corporation (Related Doc #3377 ). Judge Dan Aaron Polster on 7/13/20.(P,R)
July 10, 2020 Filing 3376 Reply to Amerisourcebergen's Supplemental Response Pursuant to the Court's June 17, 2020 Order filed by Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Related document(s) #3365 , #3300 , #3343 .(Weinberger, Peter) .
July 10, 2020 Opinion or Order Filing 3375 Order granting #3372 Joint Motion for an Additional 60-Day Stay of all Remaining Class Certification Briefing Deadlines. Judge Dan Aaron Polster on 7/10/20.(P,R)
July 9, 2020 Filing 3374 FILING ERROR - DOCUMENT MUST BE FILED IN MEMBER CASE Proposed Order Joint Stipulation and Order For Dismissal With Prejudice filed by American Academy of Pain Medicine, Inc.. Related document(s) #3370 . (Iacopino, Robert) Modified on 7/9/2020 (P,R).
July 9, 2020 Filing 3373 Objection to Joint Motion For An Additional 60 Day Stay of All Remaining Class Certification Briefing Deadlines filed by Assertio Therapeutics, Inc.. (Sadler, Kevin)
July 9, 2020 Filing 3372 Joint Motion for extension of Deposition of Defendants' Witnesses, Defendants' Opposition to Class Certification and Plaintiffs' Reply in Support of Class Certification until Deposition 8/7/2020 to 10/6/2020, Opposition 8/10/2020 to 10/9/2020 and Reply 9/15/2020 to 11/13/2020 filed by Jennifer Artz, Jennifer Artz, Erin Doyle, Erin Doyle, Virginia Salmons, Walter Salmons. (Dann, Marc)
July 9, 2020 Opinion or Order Order [non-document] denying as moot Motion To Sever and Expedite Proceedings filed by Defendant American Academy of Pain Medicine, Inc (Related Doc #3370 ). Judge Dan Aaron Polster on 7/9/20.(P,R)
July 8, 2020 Filing 3371 Report of Special Master Order Regarding Geographic Scope of Discovery filed by David Rosenblum Cohen. (Cohen, David)
July 7, 2020 Filing 3370 Motion For Order To Sever and Expedite Proceedings For Good Cause filed by Defendant American Academy of Pain Medicine, Inc.. (Attachments: #1 Exhibit Evidentiary Declarations In Support of Defendant's Motion For Relief)(Iacopino, Robert)
July 7, 2020 Filing 3369 Conditional Transfer Order (CTO 163) by the Judicial Panel on Multidistrict Litigation transferring listed cases to the Northern District of Ohio.(P,R)
July 7, 2020 Filing 3368 Notice of Withdrawal of Counsel removing attorneys John D. Volney, John T. Cox, III and Elizabeth Y. Ryan for Purdue Frederick Company, Purdue Pharma Inc., Purdue Pharma L.P. (Attachments: #1 Letter)(P,R)
July 6, 2020 Filing 3367 FILING ERROR - DOCUMENT MUST BE FILED IN MEMBER CASE. Proposed Stipulation of Partial Dismissal filed by Michael Espinosa. (Heineman, Michael) Modified on 7/7/2020 (P,R).
July 2, 2020 Filing 3366 Opposition to #3340 Motion to dismiss on behalf of Pharmacy Defendants filed by Plaintiffs' Lead Counsel. (Weinberger, Peter)
July 1, 2020 Filing 3365 Response to #3300 Motion to Compel Defendant Amerisourcebergen to Produce Discovery Improperly Withheld and to Show Cause Why it Should Not Be Sanctioned for its Discovery Misconduct filed by AmerisourceBergen Drug Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Nicholas, Robert)
July 1, 2020 Filing 3364 Motion to compel discovery for Limited Additional Data from the Ohio Board of Pharmacy's OARRS Database, filed on behalf of Pharmacy Defendants filed by Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc.. (Stoffelmayr, Kaspar)
July 1, 2020 Filing 3363 Letter to the Court regarding Doc # 3349 filed by County of Harris. Related document(s) #3349 . (Gallagher, Michael)
June 30, 2020 Opinion or Order Filing 3362 Order denying Distributors' Motion to Certify Under 28 U.S.C. 1292(b) the Court's April 30, 2020 Order. Judge Dan Aaron Polster on 6/30/20. (P,R)
June 30, 2020 Filing 3361 Notice of Filing Plaintiffs' Motion to Compel Defendant AmerisourceBergen to Produce Documents Improperly Withheld and/or to Show Cause Why it Should not be Sanctioned for Its Discovery Misconduct and Unredacted Related Exhibits filed by Plaintiffs' Executive Committee. (Attachments: #1 Pltfs' Mtn to Compel and to Show Cause Why ABDC Should Not Be Sanctioned, #2 Exhibit Document 1, #3 Exhibit Document 2, #4 Exhibit Document 3, #5 Exhibit Document 4, #6 Exhibit Document 5, #7 Exhibit Document 6, #8 Exhibit Document 7, #9 Exhibit Document 8, #10 Exhibit Document 9, #11 Exhibit Document 10)Related document(s) #3344 , #3300 .(Irpino, Anthony)
June 26, 2020 Filing 3360 Transcript of Status Conference held on June 25, 2020 before Judge Dan A. Polster. To obtain a copy of this transcript please contact court reporter Sue Trischan at strischancrr@gmail.com or 216-357-7087. [20 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 7/6/2020. Redaction Request due 7/17/2020. Redacted Transcript Deadline set for 7/27/2020. Release of Transcript Restriction set for 9/24/2020. (T,S)
June 25, 2020 Filing 3359 Report of Special Master Ruling Regarding Re-Deposition of Witnesses filed by David Rosenblum Cohen. (Cohen, David)
June 25, 2020 Filing 3358 Letter to Judge Polster from the National Association of Attorneys General on Order Regarding Report and Recommendation Addressing Motion for Common Benefit Fund, Doc # #3319 and #3320 . (P,R)
June 25, 2020 Opinion or Order Order [non-document] granting #3353 Plaintiffs' Motion for Extension of Time to file response to #3338 Motion to dismiss an additional thirty days from the date Parties conclude an agreement on dismissal cannot be reached. Judge Dan Aaron Polster on 6/25/20.(P,R)
June 25, 2020 Opinion or Order Order [non-document] granting County of Harris Motion to unseal transcript of 1/29/20 status conference (Related Doc #3349 ). Judge Dan Aaron Polster on 6/25/20.(P,R)
June 25, 2020 Opinion or Order Order [non-document] regarding doc. #3343 - After ABDC files its supplemental response, Plaintiffs may file by 12:00pm on July 10, 2020 a response to the factual information provided by ABDC. Plaintiffs' response should not include any argument and should be limited only to the information Defendants are required to provide under this Order (that is, items i-vii at page 4 of docket no. 3343). Judge Dan Aaron Polster on 6/25/20. (P,R)
June 24, 2020 Filing 3357 Response to #3112 Amended Motion for Entry of Order Establishing Common Benefit Fund with the Supplemental Response of Certain Hospitals Addressing the Special Master's Report and Recommendation filed by Danville Regional Medical Center, LLC, Lovelace Health Systems, Inc.. (Curry, Lauren)
June 24, 2020 Filing 3356 Response by Certain Manufacturer Defendants' Response to the Court's Order Regarding Professor Rubenstein's Report and Recommendation and Joinder in Responses by Other Defendants filed by Allergan Finance, LLC f/k/a/ Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc., Mallinckrodt LLC, Mallinckrodt PLC, Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc., SpecGX LLC. Related document(s) #3355 . (Stern, Jonathan)
June 24, 2020 Filing 3355 Defendants' Response To The Court's Order Regarding Professor Rubenstein's Report And Recommendation filed by Actavis Elizabeth LLC, Actavis Kadian LLC, Actavis LLC, Actavis Laboratories FL, Inc., Actavis Laboratories UT, Inc., Actavis Mid Atlantic LLC, Actavis Pharma, Inc., Actavis South Atlantic LLC, Actavis Totowa LLC, AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Cardinal Health 100 Inc, Cardinal Health, Inc., Cephalon, Inc., Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., McKesson Corporation, Johnson & Johnson, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Teva Pharmaceuticals USA, Inc., Warner Chilcott Company, LLC, Watson Laboratories, Inc.. (Lynch, Mark)
June 24, 2020 Filing 3354 Opposition to #3112 Amended Motion for Entry of Order Establishing Common Benefit Fund filed by Erin Marie Alexander, Alyssa Lyle, Melissa Ambrosio, Shelby L. Brant, Brandi Brumbarger, Desiree Carlson, Nicole Tuttle, Taylor Brooke Underwood, Angela Cherry, Samuel J DeMarco, Marijha Hamawi, Amanda M. Hanlon, Deborah Dixon, Ellis County, Elizabeth Kommer, Brittany Flach, Amanda Gibson, Jamiee Gilson, Rebecca Goforth, Jenni Goldman, Heather Goss, Gloria Cruz, Jessica Collier, Courtney Herring, Shannon Hunt, Kiana Hutchins, Billie Ivie, Aracya Johnson, Jamie Johnson, Krystle Kirk, Kimberly Martin, Penny Martin, Jacquelynn Martinez, Melanie Massey, Samantha McAnany, Niola Lechuga, Carol Lively, Krista Gauthier, Mechelle Gauthier, Kjellsi Meinecke, Bobbie Lou Moore, Amanda Muffley, Maria Ortiz, Gena Patterson, Chloe Paul, Jessica Perkins, Sally Peterson, Heather Puckett, Deric Rees, Ronald Richardson, Tyler M Roach, Jessica Rodriguez, Sandra Atkinson, Jenny Scully, Amy Shepard, Shilo Shewmake, Kayla Shockley, Alicia Simonson, Jessica Taylor, Lori Taylor, Jennifer Thomas, Nichole Tindall, Caroline VonCannon, Desirae Warren, Paula Watson, Quincy Weatherwax, Wendy Stewart, Roxie Whitley, Shelly Whittaker, Kaegan Whittington, Farrah Williams, Ivy Woods, Naomi Wright. (Dann, Marc)
June 24, 2020 Filing 3353 Motion for extension of time to file response/reply to #3338 Motion to dismiss for Lack of Personal Jurisdiction filed by Plaintiff Plaintiffs' Lead Counsel. Related document(s) #3338 . (Weinberger, Peter)
June 24, 2020 Filing 3352 Plaintiffs' Response to the Report and Recommendation Addressing Motion for Common Benefit Fund filed by Plaintiffs' Lead Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit Declaration of Peter H. Weinberger)Related document(s) #3319 .(Weinberger, Peter)
June 24, 2020 Filing 3351 Opposition to #3112 Amended Motion for Entry of Order Establishing Common Benefit Fund filed by Jennifer Artz, Virginia Salmons, Erin Doyle. (Attachments: #1 Exhibit In Re Purdue Bankruptcy SDNY Exhibit 1, #2 Exhibit Declaration of Kevin Thompson Exhibit 2)(Dann, Marc)
June 23, 2020 Filing 3350 Response to #3112 Amended Motion for Entry of Order Establishing Common Benefit Fund Response to Rubenstein's Report and Recommendation filed by County of Harris. (Gallagher, Michael)
June 23, 2020 Filing 3349 Motion to unseal Transcript of Status Conference filed by MDL Notice Only County of Harris. Related document(s) #3320 . (Gallagher, Michael)
June 23, 2020 Filing 3348 Opt Out Rubenstein Response filed by County of Harris. Related document(s) #3189 , #3319 , #3112 . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Wackerly, Joshua)
June 22, 2020 Filing 3347 Reply in support of #3311 Motion for leave To File A Motion To Certify Under 28 U.S.C. 1292(b) The Court's April 30, 2020 Order Denying In Part Distributors' Motion To Dismiss Monroe County's Claims, For Purposes Of Seeking Immediate Appeal Of T filed by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation. (Attachments: #1 Exhibit A - Sixth Circuit 1292(b) Order from Kollaritsch v. Michigan State University)(Lynch, Mark)
June 22, 2020 Filing 3346 Notice of Withdrawal of Co-Counsel for Defendants filed by Beacon Company, Beverly Sackler, David Sackler, Johnathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, Ilene Sackler Lefcourt, Rosebay Medical Company L.P., Rosebay Medical Company, Inc., Trust for the Benefit of Members of the Raymond Sackler Family. (Parsell, Stuart)
June 19, 2020 Filing 3345 Notice of Substitution of Counsel removing attorney Benjamin Y. Kaufman and adding attorney Regina M. Calcaterra filed by on behalf of Plumbers Local Union No. 1 Welfare Fund. (Attachments: #1 Notice of Substitution of Counsel for Plaintiff Plumbers Local Union No. 1 Welfare Fund)(Calcaterra, Regina)
June 18, 2020 Filing 3344 Report of Special Master Report Regarding Confidentiality Designations filed by David Rosenblum Cohen. (Cohen, David)
June 17, 2020 Opinion or Order Filing 3343 Order regarding Plaintiffs' Motion to Compel Defendant AmerisourceBergen to Produce Discovery Improperly Withheld and to Show Cause Why It Should Not Be Sanctioned for Its Discovery Misconduct. Doc. #: #3300 . Judge Dan Aaron Polster on 6/17/20. (P,R)
June 17, 2020 Filing 3342 Sur-Reply to in Further Opposition to Plaintiffs' #3300 Motion to Compel Defendant Amerisourcebergen to Produce Discovery Improperly Withheld and to Show Cause Why it Should Not Be Sanctioned for its Discovery Misconduct filed by AmerisourceBergen Drug Corporation. (Nicholas, Robert)
June 17, 2020 Opinion or Order Filing 3341 Order denying Plaintiffs' Motion for Leave to Take Discovery of Pharmacy Defendants' Nationwide Dispensing Data (Related Doc #3301 )(P,R)
June 16, 2020 Filing 3340 Motion to dismiss on behalf of Pharmacy Defendants filed by Defendant Walmart, Inc.. Related document(s) #3327 , #3326 . (Attachments: #1 Brief in Support)(Fumerton, Tara)
June 16, 2020 Filing 3339 Motion to dismiss for lack of jurisdiction filed by Defendant Rite Aid Corporation. Related document(s) #3327 , #3326 . (Attachments: #1 Exhibit Memorandum of Law in Support, #2 Exhibit Chima Declaration)(Moore, Kelly)
June 16, 2020 Filing 3338 Motion to dismiss for Lack of Personal Jurisdiction filed by Defendant CVS Health Corporation. (Attachments: #1 Brief in Support, #2 Exhibit A - Declaration of Thomas S. Moffatt)(Delinsky, Eric)
June 16, 2020 Opinion or Order Order [non-document] granting AmerisourceBergen Drug Corporation's Motion for leave to file sur-reply (Related Doc #3335 ). Judge Dan Aaron Polster on 6/16/20.(P,R)
June 15, 2020 Filing 3337 Memorandum in Opposition to Distributors' Motion to Certify Under 28 U.S.C. 1292(b) the Court's April 30, 2020 Order Denying in Part Their Motion to Dismiss Monroe County's Claims, for Purposes of Seeking Immediate Appeal of the Court's Rulings that Denied Dismissal of the County's Claims filed by County of Monroe. Related document(s) #3312 .(Baig, Aelish)
June 15, 2020 Filing 3336 Reply in support of #3301 Motion for Leave to Take Discovery of Pharmacy Defendants' Nationwide Dispensing Data and Memorandum in Support Thereof filed by Plaintiffs' Lead Counsel. (Attachments: #1 Exhibit A - Bellwether Chain Pharmacy Case List, #2 Exhibit B - Law 360 and Palm Beach Post Articles)(Weinberger, Peter)
June 15, 2020 Filing 3335 Motion for leave to file a sur-reply in further opposition to Plaintiffs' motion to compel and for sanctions filed by Defendant AmerisourceBergen Drug Corporation. Related document(s) #3332 , #3322 , #3300 . (Attachments: #1 Exhibit A (Sur-reply))(Nicholas, Robert)
June 15, 2020 Filing 3334 Appeal Order from USCA for the Sixth Circuit: Granting the motion to voluntarily dismiss the writ of mandamus #3252 (USCA# 20-3375). Date issued by USCA 6/11/20 (H,SP)
June 15, 2020 Filing 3333 Opinion and Order Overruling in part and sustaining in part #3299 Pharmacy Defendants' Objection to the Special Master's Order Regarding Requested Modifications to Discovery Ruling No. 22 (Doc. #: #3291 ). Judge Dan Aaron Polster on 6/15/20. (P,R)
June 11, 2020 Filing 3332 Reply in support of #3300 Motion to Compel Defendant Amerisourcebergen to Produce Discovery Improperly Withheld and to Show Cause Why it Should Not Be Sanctioned for its Discovery Misconduct filed by Plaintiffs' Lead Counsel. (Attachments: #1 Exhibit A - Chart)(Weinberger, Peter)
June 8, 2020 Filing 3331 Pharmacy Defendants' Reply In Support Of Their Objection To Special Master's Discovery Ruling No. 22 filed by Discount Drug Mart, Inc., Giant Eagle, Inc., HBC Service Company, CVS Indiana, L.L.C., CVS RX Services, Inc., Rite Aid of Maryland, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walmart, Inc.. Related document(s) #3299 . (Attachments: #1 Exhibit Exhibit A) (Moore, Kelly)
June 8, 2020 Filing 3330 Opposition to #3301 Motion for Leave to Take Discovery of Pharmacy Defendants' Nationwide Dispensing Data and Memorandum in Support Thereof on behalf of Pharmacy Defendants filed by Walmart, Inc.. (Fumerton, Tara)
June 8, 2020 Filing 3329 Track Three Case Management Order - Nunc Pro Tunc. Judge Dan Aaron Polster on 6/8/20. (P,R)
June 8, 2020 Filing 3328 Conditional Transfer Order (CTO 158) by the Judicial Panel on Multidistrict Litigation transferring listed case to the Northern District of Ohio. (P,R)
June 5, 2020 Filing 3327 Supplemental Amended complaint As to Short Form Complaint against CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., The County of Lake, HBC Service Company, Ohio CVS Stores, LLC, Omnicare Distribution Center LLC, CVS Health Corporation, CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., Rite Aid Corporation, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Wal-Mart Stores East, Inc., Wal-Mart Stores East, LP, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc. and adding new party defendant(s) WSE Management, LLC; WSE Investment LLCE. Filed by The County of Lake. (Badala, Salvatore)
June 5, 2020 Filing 3326 Supplemental Amended complaint As to Short Form Complaint against CVS Tennessee Distribution, LLC, Eckerd Corporation, Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, CVS Health Corporation, CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., Rite Aid Corporation, Rite Aid Headquarters Corporation, Rite Aid of Maine, Inc., Rite Aid of Ohio, Inc., Wal-Mart Stores East, Inc., Wal-Mart Stores East, LP, Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc. and adding new party defendant(s) WSE Management, LLC; WSE Investment LLCE. Filed by County of Trumbull. (Badala, Salvatore)
June 5, 2020 Filing 3325 Track Three Case Management Order. Judge Dan Aaron Polster on 6/5/20. (P,R)
June 5, 2020 Filing 3324 Conditional Transfer Order (CTO 157) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
June 4, 2020 Opinion or Order Filing 3323 Order granting in part and denying in part Plaintiffs' Motion to Preclude Evidence Concerning Dispensing Practices at Select Retail Stores (Related Doc #3302 ). Judge Dan Aaron Polster on 6/4/20.(P,R)
June 4, 2020 Filing 3322 Opposition to #3300 Motion to Compel Defendant Amerisourcebergen to Produce Discovery Improperly Withheld and to Show Cause Why it Should Not Be Sanctioned for its Discovery Misconduct filed by AmerisourceBergen Drug Corporation. (Attachments: #1 Exhibit A - 2018.07.18 ConferenceTranscript Excerpts, #2 Exhibit B - 2018.11.15 Discovery Teleconference Transcript Excerpts, #3 Exhibit 2018.10.08 Discovery Telephone Conference Transcript Excerpts)(Nicholas, Robert)
June 4, 2020 Filing 3321 Attorney Appearance by Kathleen A. Nitschke filed by on behalf of Drug Store Clinic and Pharmacy, Drug Store Pharmacy. (Nitschke, Kathleen)
June 4, 2020 Opinion or Order Order [non-document] re: Rite Aid's Motion to dismiss for lack of jurisdiction (Related Doc #3042 ). Motion denied as moot in light of the Sixth Circuit's order to strike the Track 1B Plaintiffs' amendments by interlineation #3262 . Judge Dan Aaron Polster on 6/4/20.(P,R)
June 3, 2020 Opinion or Order Filing 3320 Order regarding #3319 Professor Rubenstein's Report and Recommendation. Judge Dan Aaron Polster on 6/3/20. (P,R)
June 3, 2020 Filing 3319 Report and Recommendation by William B. Rubenstein Addressing #3112 Motion for Entry of Order Establishing Common Benefit Fund. Judge Dan Aaron Polster on 6/3/20. (P,R)
June 3, 2020 Filing 3318 Transfer Order by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
June 2, 2020 Filing 3317 Response to Pharmacy Defendants' Objection to Special Master's Discovery Ruling No. 22 filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit A - Pharmacy Defendants' 9.24.19 correspondence to Special Master)Related document(s) #3299 .(Weinberger, Peter)
June 2, 2020 Filing 3316 Appeal Order from USCA for the Sixth Circuit: Cuyahoga and Summit Counties in Ohio are Ordered to file an answer to the mandamus petition and stay motion no later than fifteen days after entry of this order. The district court is Invited to file an answer within that same time-period (USCA# 20-3375). Circuit Judges: Siler, Rogers, and Donald. Date issued by USCA 6/1/20 (H,SP)
June 2, 2020 Opinion or Order Filing 3315 Order granting Track Three Plaintiffs' Motion to bifurcate Bellwether Claims, Join Bellwether Cases for Trial, and to Stay Remaining Claims (Related Doc #3297 ). Judge Dan Aaron Polster on 6/2/20.(P,R)
June 2, 2020 Opinion or Order Filing 3314 Order granting Track Three Plaintiffs' Motion for leave to file amended complaints (Related Doc #3294 ). Judge Dan Aaron Polster on 6/2/20.(P,R)
June 2, 2020 Opinion or Order Filing 3313 Order of Withdrawal of Discovery Ruling Regarding "OARRS Data" #3168 . Judge Dan Aaron Polster on 6/2/20. (P,R)
June 1, 2020 Filing 3312 Distributors' Motion to Certify Under 28 U.S.C. 1292(b) the Court's April 30, 2020 Order filed by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation. (Attachments: #1 Pleading Memorandum In Support, #2 Proposed Order)(Hobart, Geoffrey)
June 1, 2020 Opinion or Order Order [non-document] granting Defendants' Motion for leave To File A Motion To Certify Under 28 U.S.C. 1292(b) The Court's April 30, 2020 Order (Related Doc #3311 ). Judge Dan Aaron Polster on 6/1/20.(P,R)
June 1, 2020 Opinion or Order Order [non-document] - In light of the Sixth Circuit's order to strike the Track 1B Plaintiffs' amendments by interlineation #3262 , the Court hereby withdraws its Order granting Pharmacy Defendants' Motion to Compel #3168 . Judge Dan Aaron Polster on 6/1/20. (P,R)
May 29, 2020 Filing 3311 Motion for leave To File A Motion To Certify Under 28 U.S.C. 1292(b) The Court's April 30, 2020 Order Denying In Part Distributors' Motion To Dismiss Monroe County's Claims, For Purposes Of Seeking Immediate Appeal Of The Court's Rulings That Denied Dismissal Of The County's Claims filed by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation. Related document(s) #3285 . (Attachments: #1 Exhibit A - Motion to Certify