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 and Plaintiffs Liaison Counsel
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, 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, CVS RX Services, Inc., 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., Kroger Limited Partnership I, 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, 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, Jane Does, 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, CVS Indiana, L.L.C., Auburn Pharmaceuticals, Fresenius USA Manufacturing, Inc., Fred's Stores of Tennessee, Inc., Lloyd E. McNear, Joe Gay, Jr., Pd-Rx Pharmaceuticals Inc, Kroger Limited Partnership II, 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., 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., CVS Tennessee Distribution, LLC, 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., Kroger Co., 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.;, 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., 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. and Dillon Companies
Petitioner: Paul Andrew Pyfer, David B. Gustin, Kenneth Mills and Robert K. Decker
Respondent: Linda Singer and Cohen Milstein Sellers & Toll PLLC
3Rd Party Plaintiff: Allergan Finance LLC, Walmart, Inc., HBC Service Company, Discount Drug Mart, Inc., Walgreen Eastern Co., Inc., CVS Pharmacy Inc., Walgreen Co., Walmart Inc., Giant Eagle, Inc., Rite Aid Headquarters Corporation, Ohio CVS Stores, LLC, Rite Aid of Ohio, Inc., 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
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
3Rd Party Defendant: Pfizer Inc., King Pharmaceuticals, Inc., John and Jane Does, John and Jane Does 1-5000 and JOHN AND JANES DOES 1-5000
Case Number: 1:2017md02804
Filed: February 21, 2020
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: 28:1446
Jury Demanded By: Both
Docket Report

This docket was last retrieved on October 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
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] 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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 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] 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 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 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 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 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 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 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] - 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)
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)
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, #2 Exhibit B - Memorandum In Support, #3 Exhibit C - Proposed Order Granting Motion to Certify)(Hobart, Geoffrey)
May 29, 2020 Filing 3310 Reply in support of #3297 Motion to bifurcate Bellwether Claims, Join Bellwether Cases for Trial, and to Stay Remaining Claims filed by Plaintiffs' Lead Counsel. (Weinberger, Peter)
May 29, 2020 Filing 3309 Reply in support of #3294 Motion for leave to File Amended Complaints Under Seal filed by Plaintiffs' Lead Counsel. (Weinberger, Peter)
May 29, 2020 Filing 3308 Revised Track One-B Civil Jury Trial Order. Judge Dan Aaron Polster on 5/29/20. (P,R)
May 28, 2020 Filing 3307 SEALED Transcript of CMC Status Conference Proceedings held on 5/28/2020 before Judge Dan Aaron Polster. Court Reporter: Donnalee Cotone. [46 pages] (C,Do)
May 27, 2020 Filing 3306 Case Track Three Plaintiffs' Notice of Filing Redacted Exhibits to their Motion for Leave to File Amended Complaints filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit A to CT3 Plaintiffs' Motion for Leave, #2 Exhibit B to CT3 Plaintiffs' Motion for Leave)Related document(s) #3294 .(Saltzburg, Lisa)
May 26, 2020 Filing 3305 Report of Special Master Order Regarding Pretrial Discovery in Track One-B filed by David Rosenblum Cohen. (Cohen, David)
May 26, 2020 Filing 3304 Response to #3294 Motion for leave to File Amended Complaints Under Seal filed by CVS Tennessee Distribution, LLC, Eckerd Corporation, HBC Service Company, Ohio CVS Stores, LLC, CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., 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.. (Moore, Kelly)
May 26, 2020 Filing 3303 Opposition to #3297 Motion to bifurcate Bellwether Claims, Join Bellwether Cases for Trial, and to Stay Remaining Claims filed by Eckerd Corporation, HBC Service Company, Ohio CVS Stores, LLC, 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., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc.. (Stoffelmayr, Kaspar)
May 26, 2020 Filing 3302 Motion to Preclude Evidence Concerning Dispensing Practices at Select Retail Stores filed by Plaintiff Plaintiffs' Executive Committee. (Attachments: #1 Exhibit A - CVS Position Statement, #2 Exhibit B - DDM Position Statement, #3 Exhibit C - Giant Eagle Position Statement, #4 Exhibit D - Rite Aid Position Statement, #5 Exhibit E - Walgreens Position Statement, #6 Exhibit F - Walmart Position Statement, #7 Exhibit G- 10.8.18 plaintiffs' letters to SM Cohen re: dispensing dispute, #8 Exhibit H - 2018.10.12 Walmart Letter to SM Cohen, #9 Exhibit I - 2018.10.12 Rite Aid Letter to Special Master David Cohen, #10 Exhibit 2018.10.12 Walgreens email to SM, #11 Exhibit K - 2018.10.12 CVS Letter to Special Master David Cohen, #12 Exhibit L - 2018-06-18 CVS Health's ROG, #13 Exhibit M - CVS Amended ROG No 15, #14 Exhibit N - 2019.01.10 Cohen Email, #15 Exhibit O - CVS Letter to Cohen, #16 Exhibit P - CVS Article)(Weinberger, Peter)
May 24, 2020 Filing 3301 Motion for Leave to Take Discovery of Pharmacy Defendants' Nationwide Dispensing Data and Memorandum in Support Thereof filed by Plaintiff Plaintiffs' Executive Committee. (Attachments: #1 Exhibit A-Plaintiffs' MDL-Wide Discovery Requests to Pharmacy Defendants)(Weinberger, Peter)
May 21, 2020 Filing 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 Plaintiff Plaintiffs' Lead Counsel. (Attachments: #1 Exhibit A - Pillbillies Parody)(Weinberger, Peter)
May 21, 2020 Filing 3299 Objection to Special Master's Discovery Rule 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) #3286 , #3291 . (Moore, Kelly)
May 18, 2020 Filing 3298 Conditional Transfer Order (CTO 152) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
May 18, 2020 Opinion or Order Scheduling Order [non-document] regarding Track 3 Plaintiffs' Motion for leave to file amended complaints (Doc. #3294 ) and Motion to bifurcate bellwether Claims, join bellwether cases for trial, and to stay remaining claims (Doc. #3297 ). If Defendants oppose the Motions, they shall file response briefs by Tuesday, May 26, 2020. Plaintiffs shall file their replies by Friday, May 29, 2020. Judge Dan Aaron Polster on 5/18/20. (P,R)
May 16, 2020 Filing 3297 Motion to bifurcate Bellwether Claims, Join Bellwether Cases for Trial, and to Stay Remaining Claims filed by Plaintiff Plaintiffs' Lead Counsel. (Weinberger, Peter)
May 16, 2020 Filing 3296 SEALED Document:Exhibit B to Case Track Three Plaintiffs' Motion for Leave to File Amended Complaints filed by Plaintiffs' Lead Counsel. Related document(s) #3294 , #3295 . (Weinberger, Peter)
May 16, 2020 Filing 3295 SEALED Document:Exhibit A to Case Track Three Plaintiffs' Motion for Leave to File Amended Complaints filed by Plaintiffs' Lead Counsel. Related document(s) #3294 . (Weinberger, Peter)
May 15, 2020 Filing 3294 Motion for leave to File Amended Complaints Under Seal filed by Plaintiff Plaintiffs' Lead Counsel. (Attachments: #1 Exhibit A - Filed Under Seal, #2 Exhibit B - Filed Under Seal, #3 Exhibit C)(Weinberger, Peter)
May 15, 2020 Opinion or Order Order [non-document] granting Plaintiffs' Motion for leave to file under seal. Defendants are directed to indicate to Plaintiffs or before May 20, 2020 whether they will assert any redactions to Plaintiffs proposed Amendments by Interlineation (Related Doc #3293 ). Judge Dan Aaron Polster on 5/15/20.(P,R)
May 15, 2020 Filing 3293 Motion for leave to file exhibits under seal filed by Plaintiff Plaintiffs' Liaison Counsel. (Attachments: #1 Proposed Order)(Weinberger, Peter)
May 14, 2020 Filing 3292 Conditional Transfer Order (CTO 151) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
May 8, 2020 Filing 3291 Report of Special Master Nunc Pro Tunc Order Regarding Requested Modifications to Discovery Ruling No. 22 filed by David Rosenblum Cohen. Related document(s) #2712 , #3178 , #2576 , #3286 , #232 . (Cohen, David)
May 6, 2020 Opinion or Order Order [non-document] granting #3290 Joint Motion for Additional 60 Day Stay of All Remaining Class Certification Briefing Deadlines until August 7, 2020, August 10, 2020, and September 15, 2020. Judge Dan Aaron Polster on 5/6/20.(P,R)
May 5, 2020 Filing 3290 Joint Motion for extension of time until August 7, 2020, August 10, 2020, and September 15, 2020 to Additional 60 Day Stay of All Remaining Class Certification Briefing Deadlines filed by Defendant McKesson Corporation. (Ullman, Emily)
May 5, 2020 Opinion or Order Filing 3289 Order denying Distributor Defendants' Motion To Certify The Court's February 21, 2020 Order For Immediate Appeal Under 28 U.S.C. Section 1292(b) (related doc. #3257 ). Judge Dan Aaron Polster on 5/5/20. (P,R)
May 5, 2020 Opinion or Order Filing 3288 Order denying Manufacturer Defendants' Motion To Certify The Court's February 21, 2020 Order For Immediate Appeal Under 28 U.S.C. Section 1292(b) (Related Doc #3256 ). Judge Dan Aaron Polster on 5/5/20.(P,R)
May 1, 2020 Filing 3287 Notice of Substitution of Counsel removing attorney Benjamin Kaufman and Kevin Cooper and adding attorney Regina M. Calcaterra filed by on behalf of New York City District Council of Carpenters Welfare Fund. (Attachments: #1 Notice of Substitution of Counsel for New York City District Council of Carpenters Welfare Fund)(Calcaterra, Regina)
April 30, 2020 Filing 3286 Report of Special Master Order Regarding Requested Modifications to Discovery Ruling No. 22 filed by David Rosenblum Cohen. Related document(s) #2712 , #3178 , #2576 , #232 . (Cohen, David)
April 30, 2020 Filing 3285 Opinion and Order granting in part and denying in part Defendants' Motions to dismiss (1:18op45158 County of Monroe, Michign v. Purdue Pharma, et al) (Related Doc #572 #592 #595 ). Judge Dan Aaron Polster on 4/30/20.(P,R)
April 30, 2020 Opinion or Order Filing 3284 Order De-designating DEA Suspicious Order Reports (Related Doc #3277 ). Judge Dan Aaron Polster on 4/30/20.(P,R)
April 30, 2020 Filing 3283 SEALED Transcript of Teleconference held on April 28th, 2020, before Judge Dan A. Polster. Court Reporter: George J. Staiduhar. [36 pages] Related document(s) #3281 . (S,G)
April 30, 2020 Opinion or Order Filing 3282 Order Regarding Track Three. Judge Dan Aaron Polster on 4/30/20. (P,R)
April 29, 2020 Filing 3281 Expedited Non-Appeal Transcript Order Form for proceedings held on 4/28/20 before Judge Dan Aaron Polster, Court Reporter: George Staiduhar. Requested completion date: 4/30/20 filed by Plaintiffs' Liaison Counsel. (Weinberger, Peter)
April 29, 2020 Opinion or Order Filing 3280 Order regarding case management teleconference held on 4/28/20. See order for details. Follow-up case management teleconference to be held on 5/28/2020 at 01:00 PM. Judge Dan Aaron Polster on 4/29/20. (P,R)
April 28, 2020 Filing 3279 Reply in support of #3256 Motion To Certify The Court's February 21, 2020 Order For Immediate Appeal Under 28 U.S.C. Section 1292(b) by Manufacturer Defendants filed by Actavis LLC, Actavis Pharma, Inc., Allergan Finance, LLC f/k/a/ Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc., Cephalon, Inc., SpecGX LLC, Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, Mallinckrodt LLC, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (Stern, Jonathan)
April 28, 2020 Filing 3278 Reply in support of #3235 Motion for leave to File a Motion to Certify Under 28 U.S.C. 1292(b) The Court's February 21, 2020 Order Denying In Part Their Motion To Dismiss Third-party Payor Claims filed by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation. (Lynch, Mark)
April 28, 2020 Filing 3277 Motion to clarify , Motion to enforce Agreed De-Designation Of SORs filed by Intervenor Washington Post Company, LLC. Related document(s) #2040 . (Lefton, Karen)
April 28, 2020 Filing 3276 Position Statement And Objection Regarding Selection Of Cases For Track Three (CORRECTED) filed by Discount Drug Mart, Inc., Giant Eagle, Inc., HBC Service Company, CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., Rite Aid of Maryland, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walmart, Inc.. Related document(s) #3275 .(Moore, Kelly)
April 28, 2020 Filing 3275 Objection filed by Rite Aid of Maryland, Inc.. (Lavelle, John)
April 27, 2020 Filing 3274 Opinion and Order granting in part and denying in part Defendants' Motions to dismiss (Related Doc # #582 #591 #593 ) (1:18op45332 Broward County, FL v. Purdue Pharma, et al). Judge Dan Aaron Polster on 4/27/20.(P,R)
April 23, 2020 Filing 3273 Notice of Substitution of Counsel removing attorney Benjamin Y. Kaufman and Mark C. Rifkin and adding attorney Regina M. Calcaterra filed by on behalf of Teamsters Local 237 Retirees' Benefit Fund, Teamsters Local 237 Welfare Fund. (Attachments: #1 Notice of Substitution for Plaintiffs Teamsters Local 237 Retirees' Benefit Fund and Teamsters Local 237 Welfare Fund)(Calcaterra, Regina)
April 23, 2020 Filing 3272 Notice of Substitution of Counsel removing attorney Benjamin Y. Kaufman and Kevin Gilbert Cooper and adding attorney Regina M. Calcaterra filed by on behalf of Hollow Metal Trust Fund. (Attachments: #1 Notice of Substitution of Counsel for Plaintiff Hollow Metal Trust Fund)(Calcaterra, Regina)
April 23, 2020 Filing 3271 Notice Regarding DEA's Motion for Clarification and the Court's Response Thereto filed by AmerisourceBergen Drug Corporation. Related document(s) #3260 , #3263 .(Nicholas, Robert)
April 23, 2020 Filing 3270 Conditional Transfer Order (CTO 149) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
April 21, 2020 Filing 3269 Memorandum in Opposition to Distributors' Motion to Certify Under 28 U.S.C. 1292(b) the Court's February 21, 2020 Order Denying in Part Their Motion to Dismiss Third-Party Payor Claims, for Purposes of Seeking Immediate Appeal of the Court's Ruling that Denied Dismissal of the RICO Claims #3257 filed by Cleveland Bakers and Teamsters Health & Welfare Fund, Local Union No. 120 Pipe Fitters Insurance Fund. Related document(s) #3257 .(Baig, Aelish)
April 21, 2020 Filing 3268 Opposition to #3256 Motion To Certify The Court's February 21, 2020 Order For Immediate Appeal Under 28 U.S.C. Section 1292(b) by Manufacturer Defendants filed by Cleveland Bakers and Teamsters Health & Welfare Fund, Local Union No. 120 Pipe Fitters Insurance Fund. (Baig, Aelish)
April 21, 2020 Filing 3267 Amicus Brief filed by Kennedy Forum et al.. (Burnim, Ira)
April 21, 2020 Opinion or Order Order [non-document] granting Kennedy Forum's Motion for leave to File Amici Curiae Brief (Related Doc #3266 ). Judge Dan Aaron Polster on 4/21/20.(P,R)
April 20, 2020 Filing 3266 Motion for leave to File Amici Curiae Brief filed by Amicus Curiae Kennedy Forum et al.. (Attachments: #1 Exhibit Proposed Brief Amici Curiae, #2 Proposed Order Proposed Order)(Burnim, Ira)
April 20, 2020 Filing 3265 Conditional Transfer Order (CTO 148) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
April 20, 2020 Opinion or Order Filing 3264 Order by the Judicial Panel on Multidistrict Litigation lifting stay of CTO 146 and transferring listed case to the Northern District of Ohio. (P,R)
April 17, 2020 Filing 3263 Response by the Court to DEA's Motion for Clarification of Suggestion for Remand (Related Doc #3260 ). Judge Dan Aaron Polster on 4/17/20.(P,R)
April 17, 2020 Filing 3262 Opinion from USCA for the Sixth Circuit: The petition for writ of mandamus is Granted, and the cases are remanded with instructions to strike each Countys November 2019 Amendment by Interlineation re #3092 (USCA# 20-3075). Circuit Judges: Siler, Griffin and Kethledge. Date issued by USCA 4/15/20. (Attachments: #1 Judgment) (H,SP)
April 16, 2020 Opinion or Order Filing 3261 Order Regarding Track 1B and Track Three. Judge Dan Aaron Polster on 4/16/20. (P,R)
April 15, 2020 Filing 3260 Motion to clarify Suggestion for Remand dated January 6, 2020 filed by Interested Party U.S. Department of Justice, Drug Enforcement Administration. Related document(s) #3059 . (Attachments: #1 Exhibit A-Comparison Table of Defendants' Track 1 and Track 2 Discovery Request, #2 Exhibit B-Subpoena to Testify at Deposition, #3 Exhibit C-Subpoena to Produce Documents)(Bennett, James)
April 13, 2020 Filing 3259 Revised Notice of Public Disclosure of ARCOS Data filed by Plaintiff Counsel. (Mougey, Peter)
April 10, 2020 Filing 3258 Report of Special Master Order Regarding Discovery from the Federal Government filed by David Rosenblum Cohen. (Attachments: #1 Exhibit 1 - Defendants' Group List of Distribution Centers for DEA Audits)(Cohen, David)
April 7, 2020 Filing 3257 Motion to Certify Under 28 U.S.C. 1292(b) The Court's February 21, 2020 Order Denying In Part Their Motion To Dismiss Third-Party Payor Claims, For Purposes of Seeking Immediate Appeal Of The Court's Ruling That Denied Dismissal Of The RICO Claims filed by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation. (Attachments: #1 Pleading Memorandum In Support of Distributor's Motion to Certify The Court's 2/21/2020 Order, #2 Proposed Order)(Lynch, Mark) Modified text on 4/7/2020 (P,R).
April 7, 2020 Filing 3256 Motion To Certify The Court's February 21, 2020 Order For Immediate Appeal Under 28 U.S.C. Section 1292(b) by Manufacturer Defendants filed by Actavis LLC, Actavis Pharma, Inc., Cephalon, Inc., SpecGX LLC, Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, Mallinckrodt LLC, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc., *** SELECTION REQUIRED Allergan Finance, LLC f/k/a/ Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc.. (Attachments: #1 Brief in Support, #2 Proposed Order)(Franze, Anthony)
April 7, 2020 Filing 3255 Designation of Mediator filed by Pharmacy Defendants' Liaison Counsel. (Stoffelmayr, Kaspar)
April 7, 2020 Opinion or Order Order [non-document] granting Distributors' Motion for leave to File a Motion to Certify Under 28 U.S.C. 1292(b) The Court's February 21, 2020 Order Denying In Part Their Motion To Dismiss Third-party Payor Claims (Related Doc #3235 ). Judge Dan Aaron Polster on 4/7/30.(P,R)
April 7, 2020 Opinion or Order Order [non-document] granting Manufacturer Defendants' Motion for leave to File a a Motion to Certify the Court's February 21, 2020 Order for Immediate Appeal Under 28 USC Section 1292(b) (Related Doc #3254 ). Judge Dan Aaron Polster on 4/7/20.(P,R)
April 6, 2020 Filing 3254 Motion for leave to File a a Motion to Certify the Court's February 21, 2020 Order for Immediate Appeal Under 28 USC Section 1292(b) filed by Manufacturer Defendants) filed by Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc.. (Attachments: #1 Exhibit A - Manufacturer Defts Motion to Certify, #2 Exhibit B - Memo ISO Motion, #3 Proposed Order)(Franze, Anthony)
April 3, 2020 Filing 3253 Opinion and Order granting in part and denying in part Defendants' Motions to Dismiss (1:18op45530 West Boca Medical Center, Inc. v. AmerisourceBergen Drug Corporation, et al) (Related Doc #684 #686 #691 ). Judge Dan Aaron Polster on 4/3/20.(P,R)
April 3, 2020 Filing 3252 Appeal Remark from USCA for the Sixth Circuit: A petition for a writ of mandamus filed by State of Ohio Board of Pharmacy (USCA# 20-3375) (H,SP)
April 2, 2020 Filing 3251 Notice of Eighth Amended Bankruptcy Court Order Granting Injunction Against Continuation of Proceedings as to Related Parties to Debtor Purdue Pharma L.P. and Affiliated Debtors filed by Beacon Company, Rosebay Medical Company L.P., Rosebay Medical Company, Inc., Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, David Sackler, Johnathan Sackler, Ilene Sackler Lefcourt, Trust for the Benefit of Members of the Raymond Sackler Family. (Attachments: #1 Exhibit 1)(Parsell, Stuart)
April 2, 2020 Filing 3250 Motion to clarify Notice Disclosing Scope of Expert Work 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, Allergan Finance LLC, Allergan PLC, Allergan Sales, LLC, Allergan USA, Inc., AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Anda, Inc., Cardinal Health 110, LLC, Cardinal Health, Inc., Walmart, Inc., Warner Chilcott Company, LLC, Discount Drug Mart, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., McKesson Corporation, Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, H. D. Smith, LLC, SpecGX LLC, Mallinckrodt LLC, Mallinckrodt PLC, Noramco, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc., Prescription Supply Inc, CVS Pharmacy Inc., Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Teva Pharmaceuticals USA, Inc., Walgreen Co., Watson Laboratories, Inc.. (Lynch, Mark)
April 2, 2020 Filing 3249 Report of Special Master Discovery Ruling no. 14, Part 13 Regarding Walmart Privilege Claims filed by David Rosenblum Cohen. (Cohen, David)
April 1, 2020 Filing 3248 Transcript of Teleconference held on March 26, 2020 before Judge Dan Aaron Polster. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at 216-357-7106. [29 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 4/8/2020. Redaction Request due 4/22/2020. Redacted Transcript Deadline set for 5/4/2020. Release of Transcript Restriction set for 6/30/2020. (P,Sh)
April 1, 2020 Opinion or Order Filing 3247 Order by the Judicial Panel on Multidistrict Litigation lifting stay of CTO 139 and transferring case to the Northern District of Ohio. (P,R)
March 31, 2020 Filing 3246 Opinion and Order granting Plaintiffs' Motion to strike or Sever Pharmacy Defendants' Third Party Complaints (Related Doc #3074 ). Judge Dan Aaron Polster on 3/31/20.(P,R)
March 31, 2020 Remark by Finance. Funds in the amount of $400.00 refunded on 3/19/2020 for receipt AOHNDC-9810774. (S,NM)
March 30, 2020 Filing 3245 Report of Special Master Discovery Ruling no. 14, Part 12 Regarding Cardinal Privilege Claims filed by David Rosenblum Cohen. (Cohen, David)
March 30, 2020 Filing 3244 Transfer Order by the Judicial Panel on Multidistrict Litigation transferring listed cases to the Northern District of Ohio.(P,R)
March 27, 2020 Filing 3243 Conditional Transfer Order (CTO 145) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
March 26, 2020 Filing 3242 Conditional Transfer Order (CTO 144) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio.(P,R)
March 25, 2020 Filing 3241 SEALED Document:Exhibit 1 to Plaintiffs' Response to Pharmacy Defendants' Motion to Extend All Track 1B Deadlines by 60 Days in Light of the COVID-19 Public Health Emergency filed by Plaintiffs' Lead Counsel. Related document(s) #3239 , #3240 . (Weinberger, Peter)
March 25, 2020 Filing 3240 Response to #3236 Motion for extension of All Track 1B Deadlines in light of COVID-19 Emergency (Pharmacy Defendants) filed by Plaintiffs' Lead Counsel. (Weinberger, Peter)
March 25, 2020 Filing 3239 Marginal Entry Order granting Plaintiffs' Motion for leave to file exhibit under seal (Related Doc #3238 ). Judge Dan Aaron Polster on 3/25/20.(P,R)
March 25, 2020 Filing 3238 Motion for leave to file under seal its exhibit in response to Pharmacy Defendants' Motion to Extend All Track 1B Deadlines by 60 Days filed by Plaintiff Plaintiffs' Lead Counsel. (Weinberger, Peter)
March 25, 2020 Filing 3237 Conditional Transfer Order (CTO 143) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio.(P,R)
March 23, 2020 Filing 3236 Motion for extension of All Track 1B Deadlines in light of COVID-19 Emergency (Pharmacy Defendants) filed by Defendant Walmart, Inc.. (Fumerton, Tara)
March 23, 2020 Filing 3235 Motion for leave to File a Motion to Certify Under 28 U.S.C. 1292(b) The Court's February 21, 2020 Order Denying In Part Their Motion To Dismiss Third-party Payor Claims filed by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation. (Attachments: #1 Exhibit A - Motion to Certify, #2 Exhibit B - Memorandum In Support, #3 Exhibit C - Proposed Order Granting Motion to Certify)(Lynch, Mark)
March 20, 2020 Opinion or Order Order [non-document] denying as moot #3219 Defendants' Motion to seal unredacted versions of the Opposition to Ashley Poe's Motion to Intervene as Plaintiff and Class Representative in Case No. 1:18op46327. Judge Dan Aaron Polster on 3/20/20.(P,R)
March 19, 2020 Filing 3234 Track One-B Civil Jury Trial Order - Final Pretrial Conference set for 11/2/2020 at 12:00 PM, Jury Trial set for 11/9/2020 at 09:00 AM in Courtroom 18B. Judge Dan Aaron Polster on 3/19/20. (P,R)
March 19, 2020 Filing 3233 Address Change Notice and Firm Name Change by Ann Callis filed by on behalf of People of the State of Illinois. (Callis, Ann)
March 18, 2020 Filing 3232 Motion for protective order filed by Walgreen Co., Walgreen Eastern Co., Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Stoffelmayr, Kaspar)
March 17, 2020 Filing 3231 Response to #3228 Motion for leave to file Sur-Reply in Opposition to the PEC's Amended Motion for Entry of Order Establishing Common Benefit Fund filed by Plaintiffs' Lead Counsel. (Weinberger, Peter)
March 17, 2020 Filing 3230 Conditional Transfer Order (CTO 141) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
March 17, 2020 Filing 3229 Conditional Transfer Order (CTO 140) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
March 16, 2020 Filing 3228 Motion for leave to file Sur-Reply in Opposition to the PEC's Amended Motion for Entry of Order Establishing Common Benefit Fund filed by Defendant Cardinal Health, Inc.. Related document(s) #3212 , #3112 , #3186 . (Attachments: #1 Exhibit A - Defendants' Sur-Reply in Opposition to the PEC's Amended Motion for Entry of Order Establishing Common Benefit Fund)(Jonke, Kevin)
March 16, 2020 Opinion or Order Order [non-document] granting Motion to withdraw as attorney for Insys defendants, Holland & Knight attorneys removed from case. (Related Doc #3223 ). Judge Dan Aaron Polster on 3/16/20.(P,R)
March 16, 2020 Opinion or Order Order [non-document] granting Motion to withdraw as attorney, attorney Georgia K.E. Yanchar removed from case. (Related Doc #3217 ). Judge Dan Aaron Polster on 3/16/20.(P,R)
March 16, 2020 Opinion or Order Order [non-document] granting Motion to substitute attorney, attorneys Donald W. Davis, Jr and Lee E. Plakas removed, Attorneys Joshua E. O'Farrell and Jude B. Streb added for County of Tuscarawas, Ohio (Related Doc #3213 ). Judge Dan Aaron Polster on 3/16/20.(P,R)
March 16, 2020 Opinion or Order Order [non-document] granting #3226 Joint Motion for Extension of time for Completion of Defendants' Expert Depositions; Opposition to Class Certification; Reply in Support of Class Certification until June 8, 2020; June 9, 2020; July 17, 2020. Judge Dan Aaron Polster on 3/16/20.(P,R)
March 13, 2020 Filing 3227 Response to #3112 Amended Motion for Entry of Order Establishing Common Benefit Fund filed by State of Idaho. (Zanzig, W.)
March 13, 2020 Filing 3226 Joint Motion for extension of Completion of Defendants' Expert Depositions; Opposition to Class Certification; Reply in Support of Class Certification until June 8, 2020; June 9, 2020; July 17, 2020 filed by Defendant McKesson Corporation. (Ullman, Emily)
March 13, 2020 Filing 3225 Letter by Attorneys General regarding PEC's Revised Proposed Order Establishing Common Benefit Fund (P,R)
March 12, 2020 Filing 3224 Appeal Order from USCA for the Sixth Circuit: Granting the motion to consolidate the appeals for briefing and submission re #2922 and #2923 (USCA# 19-4097 & 19-4099). Date issued by USCA 3/10/20 (H,SP)
March 11, 2020 Filing 3223 Motion by J. Matthew Donohue, Joseph L. Franco, Nicholas A. Sarokhanian, Kristina S. Azlin, Deborah E. Barnard, Kevin D'Olivo, Jessica L. Farmer, Anthony J. Fuga, L. Bradley Hancock, Heidi A. Nadel, Trisha M. Rich, George Robertson, Dawn Rudenko Albert, Jeffrey M. Schacknow, William N. Shepherd, Benjamin R. Wilson to withdraw as attorney filed by Insys Manufacturing LLC, Insys Pharma, Inc., Insys Therapeutics, Inc.. (Attachments: #1 Exhibit 1 - List of Holland & Knight Attorneys, #2 Proposed Order)(Sarokhanian, Nicholas)
March 11, 2020 Filing 3222 Address Change Notice and Firm Name Change by Ann Callis filed by on behalf of Audrain County, Missouri, Cole County, Missouri, Gasconade County, Missouri, Maries County, Missouri, Pulaski County, Missouri, Lewis County, Missouri, Miller County, Missouri, Moniteau County, Missouri, Montgomery County, Missouri, Osage County, Missouri, Ozark County, Missouri, Ripley County, Missouri, Reynolds County, Missouri, Phelps County, Missouri, Shelby County, Missouri, Warren County, Missouri, Webster County, Missouri. (Callis, Ann)
March 11, 2020 Filing 3221 Conditional Transfer Order (CTO 139) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
March 10, 2020 Filing 3220 Response to Pharmacy Defendants' Continued Objection to Track 1B Case Management Schedule filed by Plaintiffs. Related document(s) #3215 , #3175 .(Weinberger, Peter)
March 10, 2020 Filing 3219 Motion to seal document unredacted version of Opposition to Ashley Rachel Dawn Poe's Motion to Intervene as Plaintiff and Class Representative and exhibits 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., Johnson & Johnson, Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Prescription Supply Inc, Mallinckrodt LLC, Mallinckrodt PLC, Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., H. D. Smith Holding Company, H. D. Smith Holdings, LLC, H. D. Smith, LLC, HBC Service Company, Noramco, Inc., McKesson Corporation, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, 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., *** SELECTION REQUIRED Allergan Finance, LLC f/k/a/ Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc.. (Attachments: #1 Pleading Declaration of Emily Ullman, #2 Exhibit A--Poe Sealing Email)(Ullman, Emily)
March 10, 2020 Filing 3218 Notice Disclosing Scope of Expert Consultant Work. Judge Dan Aaron Polster on 3/10/20. (P,R)
March 10, 2020 Filing 3217 Motion by Georgia Yanchar to withdraw as attorney filed by Actavis LLC, Actavis Pharma, Inc., Cephalon, Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (Attachments: #1 Exhibit A-(Proposed) Order Granting Motion to Withdraw as Counsel)(Yanchar, Georgia)
March 9, 2020 Filing 3216 Reply to Plaintiffs' Response Regarding Ex Parte Communications filed by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation. (Lynch, Mark)
March 9, 2020 Filing 3215 Notice of Continued Objection to Track One-B Case Management Schedule By Pharmacy Defendants filed by CVS Pharmacy Inc., Discount Drug Mart, Inc., HBC Service Company, Rite Aid of Ohio, Inc., Ohio CVS Stores, LLC, Walgreen Co., Walgreen Eastern Co., Inc., Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Walmart, Inc.. Related document(s) #3175 .(Delinsky, Eric)
March 9, 2020 Filing 3214 Notice of Clarification and Carve Out Regarding the Potential Establishment of a Common Benefit Fund filed by Purdue Frederick Company, Purdue Pharma Inc., Purdue Pharma L.P.. Related document(s) #3112 .(Cheffo, Mark)
March 9, 2020 Filing 3213 Motion for leave filed by MDL Notice Only County of Tuscarawas, Ohio. (O'Farrell, Joshua)
March 6, 2020 Filing 3212 Reply in support of #3112 Amended Motion for Entry of Order Establishing Common Benefit Fund filed by Plaintiffs' Lead Counsel. (Attachments: #1 Proposed Order (Revised Proposed))(Weinberger, Peter)
March 6, 2020 Filing 3211 Amended Notice of Waiver of Service Request and Designated Recipients filed by Rite Aid of Maryland, Inc.. (Attachments: #1 Exhibit Notice of Lawsuit and Request to Waive Service of Summons Form, #2 Exhibit Waiver of Service of Summons Form)Related document(s) #288 .(Lavelle, John)
March 6, 2020 Filing 3210 Attorney Appearance by John P. Lavelle, Jr filed by on behalf of Rite Aid of Maryland, Inc.. (Lavelle, John)
March 6, 2020 Filing 3209 Joinder filed by Sarasota County Public Hospital District. Related document(s) #3197 . (Wallace, David)
March 3, 2020 Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: erroneous filing, filed under different case number. Receipt #: 9810774, filed by Plaintiffs' Lead Counsel. (New, Stephen)
March 3, 2020 Filing 3202 Notice of Withdrawal and Termination of Representation for Plaintiff, Wyoming County Commission filed by Wyoming County Commission. (Ketchum, M.)
March 3, 2020 Filing 3201 Conditional Transfer Order (CTO 138) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
March 2, 2020 Filing 3200 Notice Regarding Ex Parte Communications filed by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation. (Lynch, Mark)
February 28, 2020 Filing 3199 Notice of Withdrawal of Counsel for Plaintiff Broward County, Florida filed by Broward County, Florida. (Wolf, Abby)
February 28, 2020 Filing 3198 Opposition to #3112 Amended Motion for Entry of Order Establishing Common Benefit Fund filed by Pharmacy Defendants filed by Walgreen Co., Walgreen Eastern Co., Inc.. (Stoffelmayr, Kaspar)
February 28, 2020 Filing 3197 Opposition to #3112 Amended Motion for Entry of Order Establishing Common Benefit Fund by Certain Hospitals filed by Danville Regional Medical Center, LLC, Lovelace Health Systems, Inc.. (Curry, Lauren)
February 28, 2020 Filing 3196 FILING ERROR - TO BE FILED IN MEMBER CASE ONLY Joint Proposed Stipulation Dismissing Rite Aid Corporation filed by Rite Aid Corporation. (Moore, Kelly) Modified on 3/2/2020 (P,R).
February 28, 2020 Filing 3195 Letter by Attorneys General of Connecticut, Massachusetts and Delaware opposing PEC's Amended Motion for Entry of Order Establishing Common Benefit Fund. Related document(s) #3112 (P,R)
February 28, 2020 Filing 3194 Opposition to #3112 Amended Motion for Entry of Order Establishing Common Benefit Fund /NAS Guardians filed by Melissa Barnwell, Michelle Frost, Jacqueline Ramirez, Roman Ramirez. (Dann, Marc)
February 28, 2020 Filing 3193 Opposition to #3112 Amended Motion for Entry of Order Establishing Common Benefit Fund /NAS Guardians' Opposition to the Amended Motion for Entry of Order Establishing Common Benefit Fund filed by Melissa Barnwell, Michelle Frost, Jacqueline Ramirez, Roman Ramirez. (Dann, Marc)
February 27, 2020 Filing 3192 Brief Governmental Plaintiffs' Opposition to Amended Motion for Entry of Order Establishing Common Benefit Fund filed by City of Cambridge, Massachusetts, City of Chicopee, Massachusetts, City of Framingham, Massachusetts, City of Gloucester, Massachusetts, City of Haverhill, Massachusetts, City of Jacksonville, Florida, City of Middletown, Connecticut, City of New Britain, Connecticut, City of New Haven, Connecticut, City of New London, Connecticut, City of Norwich, Connecticut, City of Paterson, New Jersey, City of Portsmouth, Virginia, City of Salem, Massachusetts, City of Springfield, Massachusetts, City of Trenton, New Jersey, City of Worcester, Massachusetts, County of Bucks, Pennsylvania, County of Mercer, Pennsylvania, Town of Canton, Massachusetts, Town of Enfield, Connecticut, Town of Lynnfield, Massachusetts, Town of Natick, Massachusetts, Town of Randolph, Massachusetts, Town of Wakefield, Massachusetts, Town of Wallingford, Connecticut, Town of Wethersfield, Connecticut, Town of Windham, Connecticut, Township of Warminster, Pennsylvania, Township of Warrington, Pennsylvania. Related document(s) #3112 . (Scolnick, Judith)
February 27, 2020 Filing 3191 Opposition to #3112 Amended Motion for Entry of Order Establishing Common Benefit Fund filed by Mayor and City Council of Baltimore. (Ard, Seth)
February 27, 2020 Filing 3190 Joinder in #3189 Opposition to Motion for Entry of Order Establishing Common Benefit Fund filed by Sarasota County Public Hospital District. Related document(s) #3189 . (Wallace, David) .
February 27, 2020 Filing 3189 Opposition to #3112 Amended Motion for Entry of Order Establishing Common Benefit Fund by Opt Out Political Subdivisions filed by County of Harris. (Wackerly, Joshua)
February 27, 2020 Filing 3188 Attorney Appearances by Elaine Golin, Kevin M. Jonke filed on behalf of Cardinal Health 110, LLC, Cardinal Health, Inc. (P,R)
February 27, 2020 Filing 3187 Limited Attorney Appearance by Seth Ard filed on behalf of Mayor and City Council of Baltimore. (P,R)
February 26, 2020 Filing 3186 Opposition to #3112 Amended Motion for Entry of Order Establishing Common Benefit Fund filed by AmerisourceBergen Drug Corporation. (Hollon, Christopher)
February 26, 2020 Filing 3185 Opposition to #3112 Amended Motion for Entry of Order Establishing Common Benefit Fund filed by State of Idaho. (Zanzig, W.)
February 26, 2020 Filing 3184 Conditional Transfer Order (CTO 137) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
February 24, 2020 Filing 3183 NOTICE OF SIXTH AMENDED BANKRUPTCY COURT ORDER GRANTING INJUNCTION AGAINST CONTINUATION OF PROCEEDINGS AS TO RELATED PARTIES TO DEBTOR PURDUE PHARMA L.P. AND AFFILIATED DEBTORS filed by Beacon Company, 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. (Attachments: #1 Exhibit 1)(Parsell, Stuart)
February 24, 2020 Filing 3182 Notice of substitution of attorney Ryan A. Zeli in place of attorney Brian H. Benjet, Nathan P. Heller and Brenna Dee Kelly filed by Defendant CMC Pharmacy, LLC. (Attachments: #1 Notice of Substitution of Counsel)(Zeli, Ryan) Modified on 2/25/2020 (P,R).
February 24, 2020 Filing 3181 Letter by the National Association of Attorneys General regarding PEC's Amended Motion for Entry of Order Establishing Common Benefit Fund. Related document(s) #3112 . (P,R)
February 24, 2020 Opinion or Order Filing 3180 Order Regarding Jurisdictional Discovery of Rite Aid Corp. Judge Dan Aaron Polster on 2/24/20. (P,R)
February 21, 2020 Filing 3179 FILING ERROR - MUST BE FILED AS NEW MEMBER CASEComplaint with jury demand against All Defendants. Filing fee paid $ 400, Receipt number AOHNDC-9810774. Plaintiff has indicated that case may be related to pending civil action 1:17-md-02804-DAP. Filed by Plaintiffs' Lead Counsel. (Attachments: #1 Complaint Estate of E Picket, #2 Complaint Estate of W Marshall, #3 Complaint Estate of B Antijunti Sr, #4 Complaint Estate of K Farley, #5 Complaint Estate of R Drennen, #6 Complaint Estate of R Cline, #7 Complaint Estate of Y Smilouts, #8 Complaint Estate of M Duggan, #9 Complaint Estate of J Spring, #10 Complaint Estate of K Chapman, #11 Complaint Estate of B Gravely, #12 Complaint Estate of R Ward, #13 Complaint Estate of M Lesher, #14 Complaint Estate of S Sztylka, #15 Complaint Estate of K Land, #16 Complaint Estate of G Lytle, #17 Complaint Estate of K Bragg, #18 Complaint Estate of J Clayton, #19 Complaint Estate of B Schuff, #20 Complaint Estate of K Meyers, #21 Complaint Estate of N Jarell Jr, #22 Complaint Estate of G Hatfield, #23 Complaint Estate of T Sollis, #24 Complaint Estate of M Mannor, #25 Complaint Estate of R Gomez Jr, #26 Complaint Estate of K Johnson, #27 Complaint Estate of T Mullins, #28 Complaint Estate of J Mickley, #29 Complaint Estate of C Blankenship, #30 Complaint Estate of A Bender, #31 Complaint Estate of H Fox) (New, Stephen) Modified on 2/21/2020 (P,R). Modified on 2/21/2020 (P,R).
February 21, 2020 Opinion or Order Filing 3178 Order Regarding Document Production to MDL Repository. Judge Dan Aaron Polster on 2/21/20. (P,R)
February 21, 2020 Filing 3177 Opinion and Order denying Defendants' Motions to Dismiss (Related Doc #773 #774 #777 );. Judge Dan Aaron Polster on 2/21/20.(P,R)
February 18, 2020 Filing 3176 Stipulation of Designation of Remand Record Pursuant to JPML Rule 10.4(a) filed by AmerisourceBergen Drug Corporation, Cabell County Commission, Cardinal Health, Inc., City of Huntington, McKesson Corporation. (Attachments: #1 Exhibit A)(Majestro, Anthony)
February 17, 2020 Filing 3175 Report of Special Master Order Regarding Case Management Deadlines for Track One-B filed by David Rosenblum Cohen. Related document(s) #3116 . (Cohen, David)
February 14, 2020 Filing 3174 Notice of Supplemental Authority in Support of Plaintiffs' Omnibus Memorandum in Opposition to Manufacturer Defendants, Distributor Defendants, and Defendants Walmart Inc., CVS Health Corp., Rite Aid of Maryland, Inc., and Walgreens Boots Alliance Inc.'s Motions to Dismiss the Amended Complaint filed by Cleveland Bakers and Teamsters Health & Welfare Fund, Local Union No. 120 Pipe Fitters Insurance Fund. (Attachments: #1 Exhibit A)Related document(s) #893 .(Baig, Aelish)
February 14, 2020 Filing 3173 Conditional Transfer Order (CTO 135) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
February 13, 2020 Filing 3172 Marginal Entry Order granting #3169 NAS Baby Plaintiffs' Unopposed Motion to Sever Sackler Defendants. Judge Dan Aaron Polster on 2/13/20.(P,R)
February 13, 2020 Filing 3171 Appeal Order from USCA for the Sixth Circuit: The Counties are Ordered to file an answer to the mandamus petition within 15 days from the entry date of this order. The district court is Invited to file a response, should it so choose, within that same time-period. Petitioners motion for an emergency stay is Granted in Part and Denied in Part. Petitioners production of regional and national transaction-related dispensing data is Stayed pending further order of this court. The Petitioners request to place limitations on the production of transaction-related dispensing data for Ohio is Denied. Petitioners shall comply with the district courts order to produce transaction-related dispensing data for Ohio dating back to 2006. The motions for leave to file amicus briefs filed by Lawyers for Civil Justice, the American Civil Liberties Union and American Civil Liberties Union Of Ohio, the U.S. Chamber of Commerce, and the National Association of Chain Drug Stores are Granted re #3092 (USCA# 20-3075). Circuit Judges: Siler, Griffin, and Kethledge. Date issued by USCA 2/12/20 (H,SP)
February 13, 2020 Filing 3170 Opinion and Order overruling #3149 #3159 Retail Pharmacy Defendants' Objection to Discovery Ruling Regarding Pharmacy Data Production. Judge Dan Aaron Polster on 2/13/20. (P,R)
February 13, 2020 Filing 3169 Motion to sever Sackler Defendants and Notice of Partial Withdrawal of Motion for Class Certification as to Sackler Defendants filed by Melissa Barnwell, Michelle Frost, Jacqueline Ramirez, Roman Ramirez. (Attachments: #1 Proposed Order)(Dann, Marc)
February 13, 2020 Filing 3168 Discovery Ruling Regarding "OARRS Data" granting Pharmacy Defendants' Motion to Compel (Related Doc #3070 ). Judge Dan Aaron Polster on 2/13/20.(P,R)
February 12, 2020 Filing 3167 Reply in support of #3074 Motion to strike or Sever Pharmacy Defendants' Third Party Complaint filed by Plaintiffs' Lead Counsel. (Weinberger, Peter)
February 12, 2020 Filing 3166 Notice of Filing Amended Affidavit filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A - Amended Affidavit)Related document(s) #3165 .(Weinberger, Peter)
February 11, 2020 Filing 3165 Notice of Filing Affidavit filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A - Affidavit)(Weinberger, Peter)
February 11, 2020 Filing 3164 Conditional Transfer Order (CTO 133) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
February 10, 2020 Filing 3163 Response to Track 1B Retail Pharmacy Defendants Objection to Discovery Ruling Regarding Pharmacy Data Production (Dkt. 3106) filed by Plaintiffs' Lead Counsel. (Attachments: #1 Exhibit 1 - 1.10.20 transcript excerpt, #2 Exhibit 2 - 1.3.20 email, #3 Exhibit 3 - 1.13.20 email, #4 Exhibit 4 - 1.14.20 transcript excerpt, #5 Exhibit 5 - 1.27.20 Pltfs' ltr to SM Cohen, #6 Exhibit 6 - Chart, #7 Exhibit 7 - Link, #8 Exhibit 8 - 1.22.20 transcript excerpt, #9 Exhibit 9 - SM Cohen email)Related document(s) #3106 , #3149 .(Weinberger, Peter)
February 10, 2020 Filing 3162 Notice of Submission Motion to Remand to State Court filed by City of Henderson Kentucky. (Attachments: #1 Exhibit Remand Briefing)(Grabhorn, Michael)
February 10, 2020 Filing 3161 Notice of Submission Motion to Remand to State Court filed by Breckinridge County Fiscal Court, Green County Fiscal Court, Hardin County Fiscal Court, Meade County Fiscal Court (Attachments: #1 Exhibit Remand Briefing)(Grabhorn, Michael)
February 10, 2020 Filing 3160 Remand Order by the Judicial Panel on Multidistrict Litigation remanding 1:18op45695 Cherokee Nation v. McKesson, et al to Eastern District of Oklahoma and 1:19op45022 City and County of San Francisco v. Purdue Pharma, et al to the Northern District of California. (P,R)
February 7, 2020 Filing 3159 Supplemental Objection to Discovery Ruling Regarding Pharmacy Data Production filed by Track 1B Retail Pharmacy Defendants. Related document(s) #3106 , #3149 . (Attachments: #1 Exhibit A - Transcript Excerpt) (P,R)
February 7, 2020 Filing 3158 Position Statement Regarding Plaintiffs' CT1B Claims filed by Plaintiffs' Lead Counsel. (Attachments: #1 Exhibit)(Weinberger, Peter)
February 6, 2020 Filing 3157 Corrected Pharmacy Defendants' Joinder In Notice Of Position filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., Discount Drug Mart, Inc., Giant Eagle, Inc., HBC Service Company, Kroger Co., Kroger Limited Partnership I, Kroger Limited Partnership II, Ohio CVS Stores, LLC, Rite Aid Headquarters Corporation, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walmart, Inc.. Related document(s) #3133 , #3146 .(Moore, Kelly)
February 6, 2020 Filing 3156 Notice of Withdrawal of Attorneys filed by UCB Inc.. (Lifton, Diane)
February 6, 2020 Filing 3155 Attorney Appearance by Morgan E. McDonald filed on behalf of Anda Pharmaceuticals, Inc., Anda, Inc. (P,R)
February 6, 2020 Filing 3154 Attorney Appearance of Jacklyn Martin and Emily Woerner by Jacklyn Gonzales Martin filed by on behalf of City of Cincinnati. (Martin, Jacklyn)
February 5, 2020 Filing 3153 Notice to substitute attorney for Plaintiff Feather River Tribal Health, Inc. in place of attorney filed by MDL Notice Only Feather River Tribal Health, Inc.. (Attachments: #1 Notice of Substitution of Counsel for Plaintiff Feather River Tribal Health, Inc.)(Fastiff, Eric) Modified on 2/7/2020 (P,R).
February 5, 2020 Filing 3152 Transfer Order by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
February 5, 2020 Filing 3151 Conditional Transfer Order (CTO 132) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
February 4, 2020 Filing 3150 Notice of Filing Unredacted and/or Less Redacted Expert Report Cited in Certain Dispositive Motions 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, Cephalon, Inc., Teva Pharmaceuticals USA, Inc., Warner Chilcott Company, LLC, Watson Laboratories, Inc.. (Attachments: #1 Attachment - Expert Report of Ketcham, Jonathan)(Feinstein, Wendy)
February 4, 2020 Amended Scheduling Order regarding Plaintiffs' Amended Motion for Entry of Order Establishing Common Benefit Fund (Doc. No. #3112 ) [non-document]. The Court amends its prior Scheduling Order as follows: (1) Movants are directed to promptly provide notice of the Motion widely to as many interested parties as possible and to file an affidavit with the Court describing the notice procedure; (2) all interested parties, including but not limited to MDL Defendants, may file an opposition; (3) opposition briefs are due by 12:00 PM on Friday, February 28, 2020 and movants shall file their reply brief by 12:00 PM by Friday, March 6, 2020. Judge Dan Aaron Polster on 2/4/20.(P,R)
February 4, 2020 LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. # Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (O,K)
February 3, 2020 Filing 3149 Objection to Discovery Ruling Regarding Pharmacy Data Production filed by CVS Pharmacy Inc., Discount Drug Mart, 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., Walmart, Inc.. Related document(s) #3106 . (Attachments: #1 Exhibit A (CT1B Pls.' Combined Disc. Reqs. to Dispensers), #2 Exhibit B (Excerpt of Pls.' 1/3/2020 Data Field Reqs.), #3 Exhibit C (Retail Pharm. Defs.' Submission re "Trinity" Cocktails), #4 Exhibit D (CDC Clarification of Opioid Guidelines), #5 Exhibit E (1/4/2019 DEA Letter to NACDS), #6 Exhibit F (8/2013 DEA Presentation on DEA Perspective), #7 Exhibit G (8/2015 DEA Presentation on Current Trends), #8 Exhibit H (3/2016 DEA Presentation on DEA Trends), #9 Exhibit I (2017 DEA Presentation on DEA Trends and Update)) (Fumerton, Tara)
February 3, 2020 Filing 3148 Joinder in Notice of Position by Certain Non-Rico Small Distributors filed by H. D. Smith, LLC, Prescription Supply Inc. Related document(s) #3133 .(Haggerty, John)
February 3, 2020 Filing 3147 Joinder to Certain Defendants' Notice of Position Regarding In Limine Evidentiary Rulings and Orders of December 26, 2019 and January 3, 2020 filed by Henry Schein Medical Systems, Inc., Henry Schein, Inc.. Related document(s) #3058 , #3133 . (McDonald, John)
February 3, 2020 Filing 3146 Joinder in Notice of Position filed by Pharmacy Defendants Related document(s) #3133 .(Moore, Kelly) (P,R).
February 3, 2020 Filing 3145 Conditional Transfer Order (CTO 131) by the Judicial Panel on Multidistrict Litigation transferring the listed case to the Northern District of Ohio. (P,R)
February 2, 2020 Filing 3144 Undersigned Defendants' Joinder to Certain Defendants' Notice of Position Regarding Evidentiary Orders of December 26, 2019 and January 3, 2020 filed by Allergan Finance LLC, Allergan PLC, Allergan Sales, LLC, Allergan USA, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Janssen Pharmaceutica, Inc., Mallinckrodt LLC, Mallinckrodt PLC, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc., SpecGX LLC. Related document(s) #3133 .(O'Connor, Brien)
January 31, 2020 Filing 3143 Notice of Filing Unredacted and/or Less Redacted Exhibits Cited in Corrected Defendants Response to Plaintiffs Motion for Partial Summary Adjudication on Defendants Compliance with the Controlled Substances Act [CSA Compliance Brief] filed by Walgreen Co., Walgreen Eastern Co., Inc.. (Attachments: #1 Exhibit 13 previously filed at ECF 2632-15, #2 Exhibit 14 previously filed at ECF 2362-16, #3 Exhibit 15 previously filed at ECF 2362-17, #4 Exhibit 37 previously filed at ECF 2373-12, #5 Exhibit 43 previously filed at ECF 2372-18, #6 Exhibit 55 previously filed at ECF 2379-5, #7 Exhibit 58 previously filed at ECF 2379-8, #8 Exhibit 61 previously filed at ECF 2379-11, #9 Exhibit 64 previously filed at ECF 2379-14, #10 Exhibit 65 previously filed at ECF 2379-15, #11 Exhibit 75 previously filed at ECF 2379-25, #12 Exhibit 77 previously filed at ECF 2381-2, #13 Exhibit 78 previously filed at ECF 2381-3, #14 Exhibit 79 previously filed at ECF 2381-4, #15 Exhibit 80 previously filed at ECF 2381-5, #16 Exhibit 81 previously filed at ECF 2381-6, #17 Exhibit 82 previously filed at ECF 2381-7, #18 Exhibit 90 previously filed at ECF 2381-15, #19 Exhibit 91 previously filed at ECF 2381-16, #20 Exhibit 92 previously filed at ECF 2381-17, #21 Exhibit 93 previously filed at ECF 2381-18, #22 Exhibit 95 previously filed at ECF 2381-20, #23 Exhibit 97 previously filed at ECF 2381-22, #24 Exhibit 98 previously filed at ECF 2381-23, #25 Exhibit 103 previously filed at ECF 2384-3, #26 Exhibit 104 previously filed at ECF 2384-4, #27 Exhibit 106 previously filed at ECF 2384-6, #28 Exhibit 109 previously filed at ECF 2384-9, #29 Exhibit 112 previously filed at ECF 2384-12, #30 Exhibit 113 previously filed at ECF 2384-13, #31 Exhibit 114 previously filed at ECF 2384-14, #32 Exhibit 129 previously filed at ECF 2385-4, #33 Exhibit 142 previously filed at ECF 2385-17, #34 Exhibit 160 previously filed at ECF 2386-10, #35 Exhibit 161 previously filed at ECF 2386-11, #36 Exhibit 162 previously filed at ECF 2386-12, #37 Exhibit 163 previously filed at ECF 2386-13, #38 Exhibit 167 previously filed at ECF 2386-17, #39 Exhibit 169 previously filed at ECF 2386-19, #40 Exhibit 170 previously filed at ECF 2386-20, #41 Exhibit 178 previously filed at ECF 2387-3, #42 Exhibit 185 previously filed at ECF 2387-10, #43 Exhibit 187 previously filed at ECF 2387-12, #44 Exhibit 189 previously filed at ECF 2387-14, #45 Exhibit 200 previously filed at ECF 2387-25)Related document(s) #2373 , #2362 , #2385 , #2149 , #2386 , #2381 , #2379 , #2387 , #2384 .(Stoffelmayr, Kaspar)
January 31, 2020 Filing 3142 Notice of Filing Unredacted and/or Less Redacted Exhibits Cited in Defendants Daubert Motion to Exclude The Opinions Offered by James Rafalski filed by Walgreen Co., Walgreen Eastern Co., Inc.. (Attachments: #1 Brief in Support previously filed at ECF 1900-1, #2 Exhibit 1 - Excerpts of James E. Rafalski Expert Report, previously filed at ECF 1900-2, #3 Exhibit 2 Excerpts of James E. Rafalski Deposition Transcripts, previously filed at ECF 1900-3)Related document(s) #1884 , #1900 .(Stoffelmayr, Kaspar)
January 31, 2020 Filing 3141 Notice of Filing Unredacted and/or Less Redacted Exhibits Cited in Motion for Summary Judgment filed by Walgreen Co., Walgreen Eastern Co., Inc.. (Attachments: #1 Brief in Support previously filed at ECF 1876-1, #2 Exhibit 12 Excerpts of James E. Rafalski Expert Report, previously filed at ECF 1876-14, #3 Exhibit 13 Excerpts of James E. Rafalaski Deposition Transcripts, previously filed at ECF 1876-15)Related document(s) #1876 , #1871 .(Stoffelmayr, Kaspar)
January 31, 2020 Filing 3140 Notice of Filing of Unredacted and/or Less Redacted Exhibits Cited in Walmart Inc.'s Motion for Summary Judgment filed by Walmart, Inc.. (Attachments: #1 Exhibit S. Hiland-Rule 30(b)(6) Excerpt, #2 Exhibit S. Hiland Excerpt, #3 Exhibit G. Beam Excerpt, #4 Exhibit R. Sullins Excerpt, #5 Exhibit P. Little Excerpt, #6 Exhibit J. Coleman Excerpt, #7 Exhibit M. Johnson Excerpt, #8 Exhibit C. Ducote Excerpt, #9 Exhibit C. McCann Expert Report Excerpt, #10 Exhibit Reddwerks SOP)Related document(s) #1866 , #1769 , #1864 .(Fumerton, Tara)
January 31, 2020 Filing 3139 Notice of Filing of Unredacted and/or Less Redacted Exhibits Cited in The Pharmacy Defendants' Motion for Summary Judgment on Plaintiffs' Civil Conspiracy Claim filed by Walmart, Inc.. (Attachments: #1 Exhibit J. Coleman Excerpt, #2 Exhibit P. Little Excerpt, #3 Exhibit S. Hiland-Rule 30(b)(6) Excerpt, #4 Exhibit S. Hiland Excerpt, #5 Exhibit Dr. Jena Expert Report Excerpt, #6 Exhibit S. Kwon Expert Report Excerpt, #7 Exhibit M. Perri Expert Report Excerpt)Related document(s) #1716 , #1875 .(Fumerton, Tara)
January 31, 2020 Filing 3138 Notice of Filing Unredacted Exhibits to Distributor Defendants' Motion for Summary Judgment on Plaintiffs' RICO and OCPA Claims filed by McKesson Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hobart, Geoffrey)
January 31, 2020 Filing 3137 Notice of Filing Unredacted Exhibits to Distributor Defendants' Motion for Summary Judgment on Proximate Causation Grounds filed by McKesson Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hobart, Geoffrey)
January 31, 2020 Filing 3136 Notice of Filing Unredacted and Less Redacted Defendant Expert Reports Cited in Certain Track One Daubert and Summary Judgment Motions filed by McKesson Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Hobart, Geoffrey)
January 31, 2020 Filing 3135 Notice of Filing Unredacted Exhibit to Defendants' Daubert Motion to Exclude Opinions of Seth B. Whitelaw filed by McKesson Corporation. (Attachments: #1 Exhibit A)(Hobart, Geoffrey)
January 31, 2020 Filing 3134 Reply in support of #3070 Motion to compel discovery re: Limited Additional Data from the Ohio Board of Pharmacy's OARRS Database [Pharmacy Defendants] filed by Walgreen Co., Walgreen Eastern Co., Inc.. (Stoffelmayr, Kaspar)
January 31, 2020 Filing 3133 Certain Defendants' Notice of Position Regarding In Limine Evidentiary Rulings and Orders of December 26, 2019 and January 3, 2020 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 Drug Corporation, Anda, Inc., Cardinal Health, Inc., Cephalon, Inc., McKesson Corporation, Teva Pharmaceuticals USA, Inc., Warner Chilcott Company, LLC, Watson Laboratories, Inc.. Related document(s) #3058 .(Hobart, Geoffrey)
January 31, 2020 Filing 3132 Notice Of Filing Of Unredacted And/Or Less Redacted Expert Report Of Sandra Kinsey filed by HBC Service Company. (Attachments: #1 Sandra Kinsey Expert Report)(Barnes, Robert)
January 31, 2020 Filing 3131 Notice Of Filing Of Unredacted And/Or Less Redacted Reply In Support Of HBC Service Companys Motion For Summary Judgment filed by HBC Service Company. (Attachments: #1 Reply Brief in Support of Motion for Summary Judgment)Related document(s) #2510 , #2511 .(Barnes, Robert)
January 31, 2020 Filing 3130 Notice Of Filing Of Unredacted And/Or Less Redacted HBC Service Companys Motion For Summary Judgment filed by HBC Service Company. (Attachments: #1 Motion for Summary Judgment, #2 Brief in Support of Motion, #3 Proposed Order, #4 Declaration of Joshua Kobrin, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12, #17 Exhibit 13, #18 Exhibit 14, #19 Exhibit 15, #20 Exhibit 16, #21 Exhibit 17, #22 Exhibit 18, #23 Exhibit 19, #24 Exhibit 20, #25 Exhibit 21, #26 Exhibit 22, #27 Exhibit 23, #28 Exhibit 24, #29 Exhibit 25, #30 Exhibit 26, #31 Exhibit 27, #32 Exhibit 28)(Barnes, Robert)
January 31, 2020 Filing 3129 Notice of Filing Unredacted and/or Less Redacted Reply in support of Motion for Summary Judgment by Non-RICO Small Distributors' Based on Their De Minimis Status filed by Anda, Inc., H. D. Smith Holding Company, H. D. Smith Holdings, LLC, H. D. Smith, LLC, Henry Schein Medical Systems, Inc., Henry Schein, Inc., Prescription Supply Inc. (Attachments: #1 Declaration of Stephan A. Cornell, #2 Exhibit 1 - McCann Output File, #3 Exhibit 2 - Schein Transaction Data, #4 Exhibit 3 - Supplemental Report of Robert Maness, #5 Exhibit 4 - Sentencing Memo. (U.S. v. Adolph Harper), #6 Exhibit 5 - OMB License Lookup for Dr. Brian Heim, #7 Exhibit 6 - HSI-MDL-00001198-HSI-MDL-0001210, #8 Exhibit 7 - Information (U.S. v. Brian Heim), #9 Exhibit 8 - McCann Supplemental File)Related document(s) #2541 , #2462 .(Haggerty, John)
January 31, 2020 Filing 3128 Notice of Filing Unredacted and/or Less Redacted Motion for Summary Judgment by Non-RICO Small Distributors' Based on Their De Minimis Status filed by Anda, Inc., H. D. Smith Holding Company, H. D. Smith Holdings, LLC, H. D. Smith, LLC, Henry Schein Medical Systems, Inc., Henry Schein, Inc., Prescription Supply Inc. (Attachments: #1 Brief in Support, #2 Declaration of John J. Haggerty, #3 Exhibit 1 - Craig McCann, Ph.D Deposition Transcript and Exhibit Excerpts, #4 Exhibit 2 - James Rafalski Deposition Transcript Excerpts, #5 Exhibit 3 - David Egilman, M.D. Deposition Transcript Excerpts, #6 Exhibit 4 - Seth Whitelaw, Ph.D Deposition Transcript Excerpts, #7 Exhibit 5 - Excerpts from County of Cuyahoga, et al.s First Amended Responses and Objections to Distributor Defendants Third Set of Interrogatories, #8 Exhibit 6 - Excerpts from Cuyahoga Countys Supplemental Response and Objections to Distributor Defendants Interrogatories)Related document(s) #1879 , #1762 .(Haggerty, John)
January 31, 2020 Filing 3127 Notice of Filing of Less Redacted Expert Report of Dr. Anupam B. Jena filed by Rite Aid of Maryland, Inc.. (Attachments: #1 Expert Report of Dr. Anupam B. Jena, MD, PhD)Related document(s) #1936 .(Moore, Kelly)
January 31, 2020 Filing 3126 Notice of Filing Unredacted and/or Less Redacted Exhibits to Motions filed by Rite Aid of Maryland, Inc.. (Attachments: #1 Moore Decl. ISO MSJ on Preemption, previously filed at 1883-2, #2 Memorandum of Law ISO Pharm. Defs' MSJ on Causation, previously filed at 1885-1, #3 Moore Decl. ISO Pharm. Defs' MSJ on Causation, previously filed at 1885-2, #4 Memorandum of Law ISO Rite Aid of Maryland MSJ, previously filed at 1888-1, #5 Jena Decl. ISO Rite Aid of Maryland MSJ, previously filed at 1888-2, #6 Moore Decl. ISO Rite Aid of Maryland MSJ, previously filed at 1888-3)Related document(s) #1885 , #1883 , #1888 .(Moore, Kelly)
January 31, 2020 Filing 3125 Notice of Filing Unredacted and/or Less Redacted Expert Reports and Exhibits Cited in Certain Dispositive Motions filed by Mallinckrodt LLC, SpecGX LLC. (Attachments: #1 Expert Report- Buzzeo, Ronald, #2 PAR_OPIOID_MDL_0002016128, #3 Ex. A to Par Resp. to Plf. ROG 33, #4 PAR_OPIOID_MDL_0001596366, #5 AR_OPIOID_MDL_0001024034)Related document(s) #1936 #2181 .(O'Connor, Brien) Modified on 1/31/2020 (W,Jo).
January 31, 2020 Filing 3124 Notice of Filing Unredacted and/or Less Redacted Expert Reports and Exhibits to Motions filed by Cardinal Health, Inc.. (Attachments: #1 Exhibit 1, Document previously filed at 1906-5, #2 Exhibit 2, Document previously filed at 1906-6, #3 Exhibit 3, Document previously filed at 1906-9, #4 Exhibit 4, Document previously filed at 1906-10, #5 Exhibit 5, Document previously filed at 1906-19, #6 Exhibit 6, Document previously filed at 1906-20, #7 Exhibit 7, Document previously filed at 1906-21, #8 Exhibit 8, Document previously filed at 1908-5, #9 Exhibit 9, Document previously filed at 1908-24, #10 Exhibit 10, Document previously filed at 1908-26, #11 Exhibit 11, Document previously filed at 1908-27, #12 Exhibit 12, Document previously filed at 1908-33, #13 Exhibit 13, Document previously filed at 1908-37, #14 Exhibit 14, Document previously filed at 1908-38, #15 Exhibit 15, Document previously filed at 1936-22, #16 Exhibit 16, Document previously filed at 1936-30)Related document(s) #1908 , #1906 , #1936 .(Heard, Frank)
January 31, 2020 Filing 3123 Notice of Filing Unredacted Expert Report filed by Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, Ortho-McNeil-Janssen Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Expert Report of M. Laurentius Marais)Related document(s) #1919 , #1936 .(Lifland, Charles)
January 31, 2020 Filing 3122 Notice of Filing Unredacted and/or Less Redacted Expert Reports filed by CVS Indiana, L.L.C., CVS RX Services, Inc.. (Attachments: #1 Expert Report of William Choi, #2 Expert Report of Robert L. Hill, #3 Expert Report of Sonya Kwon)Related document(s) #2174 , #2172 , #1886 , #1889 , #1939 , #1875 .(Delinsky, Eric)
January 31, 2020 Filing 3121 Notice of Filing Unredacted and/or Less Redacted Reply to Plaintiffs' Opposition to Motion for Summary Judgment by CVS Indiana, L.L.C. and CVS Rx Services, Inc. filed by CVS Indiana, L.L.C., CVS RX Services, Inc.. (Attachments: #1 Reply Brief in Support)Related document(s) #2527 .(Delinsky, Eric)
January 31, 2020 Filing 3120 Notice of Filing Unredacted and/or Less Redacted Pharmacy Defendants' Reply in Support of Their Motion for Summary Judgment Based on the Statue of Limitations filed by CVS Indiana, L.L.C., CVS RX Services, Inc.. (Attachments: #1 Reply Brief in Support, #2 Exhibit A)Related document(s) #2449 .(Delinsky, Eric)
January 31, 2020 Filing 3119 Notice of Filing Unredacted and/or Less Redacted Reply to Plaintiffs' Opposition to Motion for Summary Judgment by CVS Indiana, L.L.C. and CVS Rx Services, Inc. filed by CVS Indiana, L.L.C., CVS RX Services, Inc.. (Attachments: #1 Reply Brief in Support)Related document(s) #2448 .(Delinsky, Eric)
January 31, 2020 Filing 3118 Notice of Filing Unredacted and/or Less Redacted Motion for Summary Judgment by CVS Indiana, L.L.C. and CVS Rx Services, Inc. filed by CVS Indiana, L.L.C., CVS RX Services, Inc.. (Attachments: #1 Motion, #2 Brief in Support, #3 Proposed Order, #4 Exhibit A - Excerpts of Sonya Kwon Expert Report, #5 Exhibit B - Declaration of Dean A. Vanelli, #6 Exhibit C - Excerpts of James E. Rafalski Expert Report, #7 Exhibit D - Excerpts of Robert L. Hill Expert Report, #8 Exhibit E - Excerpts of James E. Rafalski Deposition Transcript)Related document(s) #1886 , #1756 .(Delinsky, Eric)
January 31, 2020 Filing 3117 Notice of Filing Unredacted and/or Less Redacted Pharmacy Defendants' Motion for Summary Judgment Based on the Statute of Limitations filed by CVS Indiana, L.L.C., CVS RX Services, Inc.. (Attachments: #1 Motion, #2 Brief in Support, #3 Proposed Order, #4 Summary Sheet, #5 Exhibit Declaration of Alex J. Harris, #6 Exhibit Declaration of Anthony M. Ruiz, #7 Exhibit Declaration of Joshua A. Kobrin, #8 Exhibit Declaration of Elisa P. McEnroe, #9 Exhibit Declaration of Jason Briscoe, #10 Exhibit Declaration of Tara M. Fumerton)Related document(s) #1872 , #1703 .(Delinsky, Eric)
January 31, 2020 Filing 3116 Track One-B Case Management Order No. 2 - Case Management Conference held on 1/29/20. Jury Trial reset for 11/9/2020; follow-up case management conference to be held on 3/26/2020 at 9:00 AM. Judge Dan Aaron Polster on 1/31/20. (P,R)
January 30, 2020 Filing 3115 SEALED Document:Pharmacy Defendants' Position Statement Regarding Case Management Schedule filed by CVS Pharmacy Inc., Discount Drug Mart, 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., Walmart, Inc.. Related document(s) #3114 , #3107 . (Delinsky, Eric)
January 30, 2020 Filing 3114 Marginal Entry Order granting Pharmacy Defendants' Motion for leave to file position statement under seal (Related Doc #3108 ). Judge Dan Aaron Polster on 1/30/20.(P,R)
January 30, 2020 Opinion or Order Scheduling Order regarding Plaintiffs' Amended Motion for Entry of Order Establishing Common Benefit Fund (Doc. No. #3112 ). If any MDL Defendants oppose Plaintiffs Motion, they shall file a single, joint response in opposition by 12:00 PM on Friday, February 7, 2020. Plaintiffs shall file their reply by 12:00 PM by Friday, February 14, 2020. Judge Dan Aaron Polster on 1/30/20. (P,R)
January 29, 2020 Filing 3113 SEALED Transcript of Status Conference held on January 29, 2020 before Judge Dan A. Polster. Court Reporter: Sue Trischan (Susan_Trischan@ohnd.uscourts.gov). [63 pages] (T,S) Modified on 1/29/2020 (N,SE).
January 28, 2020 Filing 3112 Amended Motion for Entry of Order Establishing Common Benefit Fund filed by Plaintiff Plaintiffs' Lead Counsel. Related document(s) #3111 . (Attachments: #1 Proposed Order)(Weinberger, Peter)
January 28, 2020 Filing 3111 Motion for Entry of Order Establishing Common Benefit Fund filed by Plaintiff Plaintiffs' Lead Counsel. (Attachments: #1 Proposed Order)(Weinberger, Peter)
January 28, 2020 IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found # on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking # here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6856 or the Clerk's Office Help Desk at 1-800-355-8498. (O,K)
January 28, 2020 Opinion or Order Filing 3110 Order by the Judicial Panel on Multidistrict Litigation lifting stay of CTO 128 and transferring listed case to the Northern District of Ohio. (P,R)
January 28, 2020 Filing 3109 Position Statement re: Case Management Conference Agenda filed by County of Cuyahoga, County of Summit, Ohio. (Hanly, Paul)
January 28, 2020 Filing 3108 Motion for leave to file Pharmacy Defendants' Position Statement Regarding Case Management Schedule Under Seal filed by CVS Pharmacy Inc., Discount Drug Mart, 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., Walmart, Inc.. (Delinsky, Eric)
January 28, 2020 Filing 3107 Status Report Pharmacy Defendants' Position Statement Regarding Case Management Schedule filed by CVS Pharmacy Inc., Discount Drug Mart, 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., Walmart, Inc.. (Delinsky, Eric)
January 27, 2020 Filing 3106 Report of Special Master Discovery Ruling Regarding Pharmacy Data Production filed by David Rosenblum Cohen. (Cohen, David)
January 27, 2020 Filing 3105 Opposition to #3074 Motion to strike or Sever Pharmacy Defendants' Third Party Complaint filed by CVS Pharmacy Inc., Discount Drug Mart, Inc., Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walmart, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Stoffelmayr, Kaspar)
January 27, 2020 Opinion or Order Filing 3104 Order regarding staff PACER and Westlaw access. Judge Dan Aaron Polster on 1/27/20. (P,R)
January 27, 2020 Filing 3103 Notice Disclosing Assistant. Judge Dan Aaron Polster on 1/27/20. (P,R) (Main Document 3103 replaced on 1/29/2020) (P,R).
January 27, 2020 Filing 3102 Opinion and Order denying Walmart's Motion for summary judgment (Related Doc #1864 ). Judge Dan Aaron Polster on 1/27/20.(P,R)
January 27, 2020 Filing 3101 Opinion and Order denying HBC Service Company's Motion for summary judgment (Related Doc #1923 ). Judge Dan Aaron Polster on 1/27/20.(P,R) (Main Document 3101 replaced on 1/27/2020) (P,R).
January 27, 2020 Filing 3100 Opinion and Order denying Rite Aid's Motion for summary judgment (Related Doc #1888 ). Judge Dan Aaron Polster on 1/27/20.(P,R)
January 27, 2020 Filing 3099 Opinion and Order denying CVS's Motion for summary judgment (Related Doc #1889 ). Judge Dan Aaron Polster on 1/27/20.(P,R)
January 27, 2020 Filing 3098 Opinion and Order denying Discount Drug Mart Inc's Motion for summary judgment (Related Doc #1863 ). Judge Dan Aaron Polster on 1/27/20.(P,R)
January 24, 2020 Filing 3097 Notice of Substitution of Counsel for Plaintiff Riverside-San Bernardino County Indian Health, Inc. filed by Riverside San Bernardino County Indian Health, Inc. (Attachments: #1 Notice of Substitution)(Fastiff, Eric) Modified text on 1/30/2020 (P,R).
January 23, 2020 Filing 3096 Cross Notice to take Deposition of Teva Defendant Group Witnesses Chuck DeWildt on filed by Plaintiffs' Executive Committee. (Skikos, Steven)
January 23, 2020 Filing 3095 Conditional Transfer Order (CTO 130) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
January 23, 2020 Filing 3094 Notice of Filing Unredacted Memorandum in Support of Its Motion for Summary Judgment and Related Exhibits filed by Discount Drug Mart, Inc.. (Attachments: #1 Pleading Memorandum In Support Of Its Motion For Summary Judgment, #2 Exhibit Ex 5 to Memorandum In Support Of Its Motion For Summary Judgment)(Johnson, Timothy)
January 22, 2020 Filing 3093 Notice of Filing Unredacted and/or Less Redacted Defendants Expert Reports Cited in Certain Dispositive Motions filed by Allergan PLC, Allergan Sales, LLC, Allergan USA, Inc., Allergan Finance, LLC f/k/a/ Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 5, Replacing Previously Filed ECF Nos. 1901-8 and 1937-8 - Expert Report of Iain Cockburn (Excerpt), #2 Exhibit 3, Replacing Previously Filed ECF Nos. 1901-6 and 1937-6 - Expert Report of Kevin Murphy (Excerpt), #3 Exhibit 2, Replacing Previously Filed ECF Nos. 2553-2 and 2552-2 - Expert Report of Robin Cantor, #4 Exhibit 3, Replacing Previously Filed ECF Nos. 2553-3 and 2552-3 - Expert Report of Henry Grabowski, #5 Exhibit 20, Replacing Previously Filed ECF Nos. 1909-23 and 1940-23 - Supp. Expert Report of Margaret Kyle (Excerpt))Related document(s) #1909 , #1940 , #2552 , #2553 , #1937 , #1901 .(Welch, Donna)
January 22, 2020 Filing 3092 Appeal Remark from USCA for the Sixth Circuit: A petition for writ of mandamus filed 1/17/20 (USCA# 20-3075) (H,SP)
January 22, 2020 Opinion or Order Filing 3091 Order granting Joint Motion for Entry of Consent Order to Address Privilege Issues Relating to Certain CVS Documents (Related Doc #3090 ). Judge Dan Aaron Polster on 1/22/20. (Attachments: #1 Exhibit A - AGI Documents Chart, #2 Exhibit B - AGI Documents Chart, #3 Exhibit C - AGI Documents Chart, #4 Exhibit D - AGI Documents Chart)(P,R)
January 21, 2020 Filing 3090 Joint Motion for 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, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Irpino, Anthony)
January 21, 2020 Opinion or Order Filing 3089 Order denying Pharmacy Defendants' Motion to Stay (Related Doc #3084 ). Judge Dan Aaron Polster on 1/21/20.(P,R)
January 17, 2020 Filing 3088 Amended Notice of Fifth Amended Bankruptcy Court Order Granting Injunction Against Continuation of Proceedings As To Related Parties To Debtor Purdue Pharma L.P. And Affiliated Debtors filed by Beacon Company, Ilene Sackler Lefcourt, Rosebay Medical Company L.P., Rosebay Medical Company, Inc., David Sackler, Johnathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler. (Attachments: #1 Exhibit)(Parsell, Stuart)
January 17, 2020 Filing 3087 Amended Stipulated Dismissal Order as to Anda, Inc. Teva, Actavis and Cephalon defendants. Judge Dan Aaron Polster on 1/17/20. (P,R)
January 17, 2020 Opinion or Order Filing 3086 Order Amending 10/21/19 Dismissal Order. Judge Dan Aaron Polster on 1/17/20. (P,R)
January 17, 2020 Filing 3085 Notice of Fifth Amended Bankruptcy Court Order Regarding Injunction Against Continuation Of These Proceedings As To Related Parties To Debtor Purdue Pharma L.P. And Affiliated Debtors filed by Beacon Company, Ilene Sackler Lefcourt, Rosebay Medical Company L.P., Rosebay Medical Company, Inc., David Sackler, Johnathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler. (Attachments: #1 Exhibit)(Parsell, Stuart)
January 17, 2020 Filing 3084 Motion to stay Certain Discovery Until Final Resolution of Pharmacy Defendants' Mandamus Petition (Expedited) filed by Defendant Walmart, Inc.. Related document(s) #2976 , #3055 . (Attachments: #1 Exhibit Ex. 1 - Petition for Writ of Mandamus)(Fumerton, Tara)
January 16, 2020 Filing 3083 Proposed Order (Amended Stipulated Dismissal) filed by Cuyahoga County and Summit County. (Gallucci, Frank)
January 16, 2020 Filing 3082 Proposed Order (Amended Stipulated Dismissal) filed by Cuyahoga County and Summit County. (Gallucci, Frank) (P,R).
January 15, 2020 Filing 3081 Attorney Appearance by Matthew R. McCarley filed by on behalf of Howard County, Maryland. (McCarley, Matthew)
January 14, 2020 Filing 3080 Report of Special Master Order Regarding 2013-14 ARCOS Data filed by David Rosenblum Cohen. (Cohen, David)
January 14, 2020 Filing 3079 Conditional Remand Order by the Judicial Panel on Multidistrict Litigation remanding cases to the Southern District of West Virginia. (P,R)
January 14, 2020 Filing 3078 Conditional Transfer Order (CTO 129) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
January 13, 2020 Filing 3077 First Amended Answer to Complaint #2944 Amended complaint, by Interlineation (Cuyahoga) filed by Rite Aid of Maryland, Inc.. (Moore, Kelly)
January 13, 2020 Filing 3076 First Amended Answer to Complaint #2943 Amended complaint, by Interlineation (Summit) filed by Rite Aid of Maryland, Inc.. (Moore, Kelly)
January 13, 2020 Filing 3075 NOTICE OF FILING CORRECTED PROPOSED RULE 23(c)(1)(B) NEGOTIATION CLASS MEMBERSHIP ORDER filed by Interim Co-Lead Class Counsel for the Proposed Negotiation Class. (Attachments: #1 Proposed Order CORRECTED PROPOSED ORDER)Related document(s) #3073 .(Seeger, Christopher)
January 13, 2020 Filing 3074 Motion to strike or Sever Pharmacy Defendants' Third Party Complaint filed by Plaintiff Plaintiffs' Lead Counsel. Related document(s) #3064 , #3065 . (Weinberger, Peter)
January 10, 2020 Filing 3073 Request for Entry of Proposed Rule 23(c)(1)(B) Negotiation Class Membership Order filed by Interim Co-Lead Class Counsel for the Proposed Negotiation Class. (Attachments: #1 Exhibit Supplemental Declaration of Cameron R. Azari, #2 Exhibit A - No Exclusions Requested, #3 Exhibit B - Rescission List, #4 Exhibit C - Exclusion Requested as of 11/22/2019, #5 Exhibit D - Exclusion Requested after 11/22/2019, #6 Proposed Order)Related document(s) #2959 .(Seeger, Christopher)
January 10, 2020 Filing 3072 Motion by Courtney L. Stidham to withdraw as attorney filed by MAO-MSO Recovery II, LLC, MSP Recovery Claims, Series LLC, MSPA Claims 1, LLC. (Stidham, Courtney)
January 8, 2020 Filing 3071 Report of Special Master REVISED Discovery Ruling no. 14, Part 10 Regarding H.D. Smith Privilege Claims filed by David Rosenblum Cohen. Related document(s) #2981 , #2968 . (Cohen, David)
January 8, 2020 Filing 3070 Motion to compel discovery re: Limited Additional Data from the Ohio Board of Pharmacy's OARRS Database filed by Defendant Walgreen Co.. (Stoffelmayr, Kaspar)
January 7, 2020 Filing 3069 Second Amended Notice of Proper Waiver of Service Request and Designated Recipient(s) filed by Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Generics Bidco I, LLC, Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc.. (Attachments: #1 Exhibit A)Related document(s) #311 .(Morris, Sean)
January 7, 2020 Filing 3068 SEALED Document:Declaration of Marc E. Dann filed by Melissa Barnwell, Michelle Frost, Stephanie Howell, Jacqueline Ramirez, Roman Ramirez. Related document(s) #441 , #3066 . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Dann, Marc)
January 7, 2020 Filing 3067 Affidavit/Declaration of Marc E. Dann in Support of NAS Guardians Consolidated Motion for Class Certification filed by Anthony Anderson, Jennifer Artz, Melissa Barnwell, Haden Travis Blankenship, Darren Flanagan, Elena Flanagan, Michelle Frost, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons, David S. Walker, Sharon A. Walker. Related document(s) #3066 . (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)(Dann, Marc)
January 7, 2020 Filing 3066 Motion for class certification filed by Anthony Anderson, Jennifer Artz, Jennifer Artz, Melissa Barnwell, Haden Travis Blankenship, Darren Flanagan, Elena Flanagan, Michelle Frost, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons, David S. Walker, Sharon A. Walker. (Attachments: #1 Brief in Support, #2 Appendix A, #3 Proposed Order)(Dann, Marc)
January 7, 2020 Opinion or Order Order [non-document] denying as moot NAS Plaintiffs' consent Motion to exceed page limitations (Related Doc #3062 ); granting NAS Plaintiffs' Consent Motion to exceed page limitations (Related Doc #3063 ). Memorandum shall not exceed 70 pages. Judge Dan Aaron Polster on 1/7/20.(P,R)
January 6, 2020 Filing 3065 Third party complaint against John and Jane Does. Filed by CVS Pharmacy Inc., Discount Drug Mart, Inc., Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walmart, Inc.. (Stoffelmayr, Kaspar)
January 6, 2020 Filing 3064 Third party complaint against John and Jane Does. 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., Walmart, Inc.. (Stoffelmayr, Kaspar)
January 6, 2020 Filing 3063 Consent Motion for leave to exceed page limitations /Corrected Motion for leave to exceed page limitations of Plaintiffs NAS Opioids Memorandum in Support of Motion for Class Certification filed by Anthony Anderson, Jennifer Artz, Jennifer Artz, Melissa Barnwell, Haden Travis Blankenship, Darren Flanagan, Elena Flanagan, Michelle Frost, Stephanie Howell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons, David S. Walker, Sharon A. Walker. (Dann, Marc)
January 6, 2020 Filing 3062 Consent Motion for leave to exceed page limitations of Plaintiffs NAS Opioids Memorandum in Support of Motion for Class Certification filed by Anthony Anderson, Jennifer Artz, Jennifer Artz, Melissa Barnwell, Haden Travis Blankenship, Darren Flanagan, Elena Flanagan, Michelle Frost, Stephanie Howell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons, David S. Walker, Sharon A. Walker. (Dann, Marc)
January 6, 2020 Filing 3061 Conditional Transfer Order (CTO 128) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
January 6, 2020 Filing 3060 Conditional Transfer Order (CTO 127) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R).
January 6, 2020 Filing 3059 Suggestions of Remand. Judge Dan Aaron Polster on 1/6/20. (P,R)
January 3, 2020 Filing 3058 Nunc Pro Tunc Evidentiary Order. (Related Doc. No. #3052 ) Judge Dan Aaron Polster on 1/3/20. (P,R)
January 3, 2020 Opinion or Order Order [non-document] - Pharmacy Defendants' Motion for Clarification (Doc. #: #3049 ) is GRANTED. Plaintiffs may not proceed in the Track 2 cases with discovery against any severed defendants. As stated in other Orders (e.g. Doc. #: #2976 and #3055 ), global discovery against the Pharmacy Defendants, including discovery of transactional data involving West Virginia, will proceed before this Court in Track 1B. Judge Dan Aaron Polster on 1/3/20.(P,R)
January 2, 2020 Opinion or Order Order [non-document] - NAS Plaintiffs Motion for Leave to File Fourth Amended Class Action Complaint (Doc. #: #2986 ) is DENIED. In its September 17, 2019 non-document Order, the Court granted NAS Plaintiffs an extension of time to 12:00 PM, October 7, 2019, to file amended class action complaints. The Court further made it very clear that no further extensions of time will be granted on this issue. Thus, there is no doubt that NAS Plaintiffs request is untimely. NAS Plaintiffs do not even attempt to assert that there is good cause for their failure to make these amendments by the Courts deadline, and despite their assertions to the contrary, the Court agrees with Defendants Opposition (Doc. #: #3034 ) that the proposed amendments would prejudice Defendants. Judge Dan Aaron Polster on 1/2/20.(P,R)
January 2, 2020 Filing 3057 Notice of Correction to Exhibit filed by R.C., Jodi Shaffer, W.E.. Related document(s) #1998 .(Stag, Michael)
January 2, 2020 Filing 3056 Reply in support of #2986 Motion for leave to file Fourth Amended Class Action Complaint filed by Anthony Anderson, Jennifer Artz, Melissa Barnwell, Haden Travis Blankenship, Darren Flanagan, Elena Flanagan, Michelle Frost, Stephanie Howell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons, David S. Walker, Sharon A. Walker. (Dann, Marc)
December 27, 2019 Opinion or Order Filing 3055 Order on Reconsideration Regarding Scope of Discovery in Track One-B. Related Doc #3029 . Judge Dan Aaron Polster on 12/27/19.(P,R)
December 26, 2019 Filing 3054 Marginal Entry Order denying Defendants CVS, Discount Drug Mart, HBC/Giant Eagle, Rite Aid, Walgreens, and Walmart Motion to Dismiss Third Amended Complaint and Amendment by Interlineation (Related Doc #3036 ). Judge Dan Aaron Polster on 12/26/2019. (W,CM)
December 26, 2019 Filing 3053 Marginal Entry Order denying Defendants CVS, HBC/Giant Eagle, Rite Aid, Walgreens, and Walmart Motion to Dismiss Third Amended Complaint and Amendment by Interlineation (Related Doc #3035 ). Judge Dan Aaron Polster on 12/26/2019.(W,CM)
December 26, 2019 Filing 3052 Evidentiary Order regarding Motions in Limine filed in the Track One cases. Judge Dan Aaron Polster on 12/26/2019. (W,CM)
December 24, 2019 Filing 3051 Joint Joint Stipulation of Designation of Remand Record filed by City of Chicago. (Attachments: #1 Exhibit)(Singer, Linda)
December 24, 2019 Filing 3050 Opposition to #3029 Motion for reconsideration of the Court's Order Regarding Scope of Track One-B [Plaintiffs' Opposition to the Pharmacy Defendants' Motion for Reconsideration of the Court's December 10, 2019 Order] filed by Plaintiffs' Executive Committee. (Baig, Aelish)
December 24, 2019 Filing 3049 Motion to clarify Order Granting Plaintiffs' Motion to Sever filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., CVS Tennessee Distribution, LLC, Kroger Limited Partnership I, Kroger Limited Partnership II, Rite Aid of Maryland, Inc., Rite Aid of West Virginia, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walgreens Boots Alliance Inc., Walmart, Inc., West Virginia CVS Pharmacy, L.L.C.. Related document(s) #2990 . (Moore, Kelly)
December 23, 2019 Filing 3048 Answer to #2943 Amended complaint, by Interlineation filed by Walgreen Co., Walgreen Eastern Co., Inc.. (Stoffelmayr, Kaspar)
December 23, 2019 Filing 3047 Answer to #2944 Amended complaint, by Interlineation filed by Walgreen Co., Walgreen Eastern Co., Inc.. (Stoffelmayr, Kaspar)
December 23, 2019 Filing 3046 Answer to Complaint by Interlineation filed by Discount Drug Mart, Inc.. (Johnson, Timothy)
December 23, 2019 Filing 3045 Answer to #2943 Amended complaint, by Interlineation (Summit) filed by Rite Aid of Maryland, Inc.. (Moore, Kelly)
December 23, 2019 Filing 3044 Answer to #2944 Amended complaint, by Interlineation (Cuyahoga) filed by Rite Aid of Maryland, Inc.. (Moore, Kelly)
December 23, 2019 Filing 3043 Defendant HBC Service Company's Answer to #2943 Amended complaint, filed by HBC Service Company. (Barnes, Robert)
December 23, 2019 Filing 3042 Motion to dismiss for lack of jurisdiction filed by Defendant Rite Aid Corporation. Related document(s) #2943 , #2944 . (Attachments: #1 Brief in Support Rite Aid Corporation's Memorandum ISO Motion to Dismiss (Personal Jurisdiction) (Track 1B), #2 Affidavit Declaration of Ron S. Chima ISO Motion to Dismiss)(Moore, Kelly)
December 23, 2019 Filing 3041 Defendant HBC Service Company's Answer to #2944 Amended complaint, filed by HBC Service Company. (Barnes, Robert)
December 23, 2019 Filing 3040 Answer to #2944 Amended complaint, filed by Walmart, Inc.. (Fumerton, Tara)
December 23, 2019 Filing 3039 Answer to #2943 Amended complaint, filed by Walmart, Inc.. (Fumerton, Tara)
December 23, 2019 Filing 3038 Answer to #2944 Amended complaint, filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., Ohio CVS Stores, LLC. (Delinsky, Eric)
December 23, 2019 Filing 3037 Answer to #2943 Amended complaint, filed by CVS Indiana, L.L.C., CVS RX Services, Inc.. (Delinsky, Eric)
December 23, 2019 Filing 3036 Motion to dismiss filed by CVS Indiana, L.L.C., CVS RX Services, Inc., 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., Walmart, Inc.. Related document(s) #2944 . (Attachments: #1 Brief in Support, #2 Exhibit A)(Delinsky, Eric)
December 23, 2019 Filing 3035 Motion to dismiss filed by CVS Indiana, L.L.C., CVS RX Services, Inc., 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., Walmart, Inc.. Related document(s) #2943 . (Attachments: #1 Brief in Support, #2 Exhibit A)(Delinsky, Eric)
December 23, 2019 Filing 3034 Opposition to #2986 Motion for leave to file Fourth Amended Class Action Complaint (Defendants' Opposition To Plaintiffs' Motion To Further Amend Third Amended Complaint) filed by Actavis LLC, Actavis Pharma, Inc., Allergan Finance LLC, Allergan PLC, AmerisourceBergen Drug Corporation, Anda, Inc., CVS Health Corporation, Cardinal Health, Inc., Cephalon, Inc., 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., Indivior, Inc., Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, Mallinckrodt LLC, Mallinckrodt PLC, McKesson Corporation, Noramco, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc., Rite Aid Corporation, 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 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Morris, Sean)
December 23, 2019 Filing 3033 Conditional Transfer Order (CTO 126) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
December 20, 2019 Filing 3032 Corrected Unredacted Second Amended Complaint filed by County of Monroe. Related document(s) #298 , #522 , #519 .(Baig, Aelish)
December 20, 2019 Filing 3031 Corrected Unredacted Amended Complaint filed by Cleveland Bakers and Teamsters Health & Welfare Fund, Local Union No. 120 Pipe Fitters Insurance Fund. Related document(s) #635 .(Baig, Aelish)
December 20, 2019 Filing 3030 Answer and Statement of Defenses to the Corrected Joint and Third Amended Complaint filed by Cabell County Commission and the City of Huntington filed by McKesson Corporation. (Hobart, Geoffrey)
December 20, 2019 Filing 3029 Motion for reconsideration of the Court's Order Regarding Scope of Track One-B filed by Pharmacy Defendants. Related document(s) #2976 . (Attachments: #1 Exhibit Ex. 1 - E-mail from Special Master David R. Cohen to Counsel (Dec. 9, 2019), #2 Exhibit Ex. 2 - Declaration of William F. Boyd, #3 Exhibit Ex. 3 - Declaration of David Teague, #4 Exhibit Ex. 4 - Declaration of Jon Arends, #5 Exhibit Ex. 5 - Declaration of James Tsipakis, #6 Exhibit Ex. 6 - Declaration of Keith Miller, #7 Exhibit Ex. 7 - Declaration of Derek Jones)(Fumerton, Tara)
December 20, 2019 Filing 3028 Unredacted Second Amended Corrected Complaint filed by City of Cleveland. Related document(s) #296 , #509 , #475 , #508 .(Weinberger, Peter)
December 19, 2019 Filing 3027 Notice of Filing Unredacted and/or Less Redacted Deposition Transcripts Part Three [of three] filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Palmer, Andrew, #2 Exhibit Paonessa, Al, #3 Exhibit Peacock, Jeffrey, #4 Exhibit Perri, Matthew Vol. I (expert), #5 Exhibit Perri, Matthew Vol. II (expert), #6 Exhibit Peterson, Douglas, #7 Exhibit Polster, Tasha, #8 Exhibit Propatier, Amy, #9 Exhibit Quintero, Gilberto, #10 Exhibit Rafalski, James Vol. I (expert), #11 Exhibit Rafalski, James Vol. II (expert), #12 Exhibit Reed, Roxanne, #13 Exhibit Ringgold, Larry, #14 Exhibit Rogos, Matthew, #15 Exhibit Romaine, Larry, #16 Exhibit Rosenthal, Meredith Vol. I (expert), #17 Exhibit Rosenthal, Meredith Vol. II (expert), #18 Exhibit Schiavo, Craig, #19 Exhibit Schoen, James, #20 Exhibit Schoen, Thomas, #21 Exhibit Snider, Blaine, #22 Exhibit Solis, Sabrina, #23 Exhibit Stahmann, Eric, #24 Exhibit Steffanie-Oak, Tina, #25 Exhibit Stevenson, George, #26 Exhibit Stewart, Cathy, #27 Exhibit Sullins, Ramona, #28 Exhibit Swords, Rex, #29 Exhibit Tejeda, Sergio, #30 Exhibit Tomkiewicz, Joseph, #31 Exhibit Tommasi, Eugene, #32 Exhibit Tsipakis, James 30(b)(6), #33 Exhibit Vanelli, Dean, #34 Exhibit Vernazza, Mark, #35 Exhibit Versosky, William, #36 Exhibit Walker, Donald, #37 Exhibit Walker, Lisa, #38 Exhibit Whitelaw, Seth Vol. I (expert), #39 Exhibit Whitelaw, Seth Vol. II (expert), #40 Exhibit Williams, Patricia, #41 Exhibit Wilson, Ellen, #42 Exhibit Wood, Marian, #43 Exhibit Zaccaro, Laurie, #44 Exhibit Zimmerman, Christopher 30(b)(6), #45 Exhibit Zimmerman, Christopher)Related document(s) #1983 , #1985 , #2177 , #1984 .(Irpino, Anthony)
December 19, 2019 Filing 3026 Notice of Filing Unredacted and/or Less Redacted Deposition Transcripts Part Two filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Hall, Emily, #2 Exhibit Harbauer, Candace, #3 Exhibit Harbauer, Kirk, #4 Exhibit Harper, Karen, #5 Exhibit Hartle, Nathan, #6 Exhibit Hartle, Nathan 30(b)(6), #7 Exhibit Hartman, Mark, #8 Exhibit Hazewski, Edward, #9 Exhibit Heiser, Randy, #10 Exhibit Helfrich, Shauna, #11 Exhibit Hiland, Susan, #12 Exhibit Hiland, Susan 30(b)(6), #13 Exhibit Hilliard, Gary, #14 Exhibit Hinkle, Pamela, #15 Exhibit Hinkle, Sherri, #16 Exhibit Hodges, Debbie, #17 Exhibit Jena, Anupam (expert), #18 Exhibit Johnson, Miranda, #19 Exhibit Justus, Shirlene, #20 Exhibit Kaleta, Edward, #21 Exhibit Keller, Lacey (expert), #22 Exhibit Kessler, David Vol. II (expert), #23 Exhibit Kinsey, Sandra (expert), #24 Exhibit Kitlinski, Linda, #25 Exhibit Kreutzer, Kevin, #26 Exhibit Link, Ronald, #27 Exhibit Little, Patsy, #28 Exhibit Lortie, Brian 30(b)(6), #29 Exhibit Lortie, Brian, #30 Exhibit Macrides, Stephen, #31 Exhibit Martin, Barbara, #32 Exhibit May, David, #33 Exhibit Mays, Stephen Vol. I, #34 Exhibit Mays, Stephen Vol. II, #35 Exhibit McCann, Craig (expert), #36 Exhibit McClune, Robert, #37 Exhibit Merritello, John, #38 Exhibit Miller, Michael, #39 Exhibit Millikan, Gary, #40 Exhibit Mills, Steven, #41 Exhibit Millward, Joseph, #42 Exhibit Mitchell, Kevin, #43 Exhibit Moffatt, Thomas, #44 Exhibit Mollica, Anthony, #45 Exhibit Mortelliti, Henry John, #46 Exhibit Munroe, Brian, #47 Exhibit Nicastro, Mark, #48 Exhibit Norris, Jennifer, #49 Exhibit Norton, Tracey Vol. I, #50 Exhibit Norton, Tracey Vol. II, #51 Exhibit Novack, Sophia, #52 Exhibit Oriente, Michael)Related document(s) #1981 , #1978 , #1982 , #1977 , #1979 , #2173 .(Irpino, Anthony)
December 19, 2019 Filing 3025 Notice of Filing Unredacted and/or Less Redacted Deposition Transcripts Part One filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Abernathy, Jeff, #2 Exhibit Abreu, Shaun, #3 Exhibit Ayers-Chick, Stacy, #4 Exhibit Baker, Kelly, #5 Exhibit Baker, Laurence, #6 Exhibit Bancroft, Wayne, #7 Exhibit Barnes, Shaun, #8 Exhibit Beam, Gregory, #9 Exhibit Belli, Christopher, #10 Exhibit Bencivengo, Fred, #11 Exhibit Bianco, Michael, #12 Exhibit Bish, Deborah, #13 Exhibit Boggs, Gary, #14 Exhibit Boggs, Gary 30(b)(6), #15 Exhibit Brandt, Bill, #16 Exhibit Brantley, Eric, #17 Exhibit Bratton, Edward, #18 Exhibit Bratton, Edward 30(b)(6), #19 Exhibit Brown, Robert, #20 Exhibit Burtner, Aaron, #21 Exhibit Cameron, Todd, #22 Exhibit Campanelli, Paul, #23 Exhibit Carlson, Gregory, #24 Exhibit Carney, Raymond, #25 Exhibit Cavacini, Eugene, #26 Exhibit Chapman, George, #27 Exhibit Chapman, Richard, #28 Exhibit Chase, Debra, #29 Exhibit Cherveny, Eric, #30 Exhibit Chunderlik, George, #31 Exhibit Cochrane, Michael, #32 Exhibit Cochrane, Patrick, #33 Exhibit Coleman, Jolynn, #34 Exhibit Daugherty, Patricia, #35 Exhibit De Gutierrez-Mahoney, William, #36 Exhibit Devlin, Frank, #37 Exhibit DiBello, Michael, #38 Exhibit Diebert, Jennifer, #39 Exhibit Domzalski, Christopher, #40 Exhibit Ducote, Chad, #41 Exhibit Dugger, Terrence, #42 Exhibit Durr, Walter, #43 Exhibit Dymon, Chris, #44 Exhibit Egilman, David Vol. I (expert), #45 Exhibit Egilman, David Vol. II (expert), #46 Exhibit Euson, George, #47 Exhibit Forst, Christopher, #48 Exhibit Frost, Keith, #49 Exhibit Ganley, Joseph, #50 Exhibit Garcia, Elizabeth, #51 Exhibit George, Tomson, #52 Exhibit Gerome, Donald, #53 Exhibit Getzey-Hart, Janet, #54 Exhibit Getzey-Hart, Janet 30(b)(6), #55 Exhibit Gillies, John Vol. I, #56 Exhibit Gillies, John Vol. II, #57 Exhibit Gilson, Thomas 30(b)(6), #58 Exhibit Greimel, Matthew (expert))Related document(s) #1975 , #1981 , #1978 , #1977 , #1976 , #1974 , #2173 .(Irpino, Anthony)
December 19, 2019 Filing 3024 Notice of Dismissal Under FRCP 41(a)(1) claims against AmerisourceBergen, Cardinal and McKesson filed by Cabell County Commission, City of Huntington. (Farrell, Paul)
December 19, 2019 Filing 3023 Unredacted Fourth Amended Complaint filed by City of Chicago. Related document(s) #512 , #511 , #304 .(Weinberger, Peter)
December 19, 2019 Filing 3022 Answer to #2613 Amended complaint with Affirmative Defenses filed by AmerisourceBergen Drug Corporation. (Nicholas, Robert)
December 19, 2019 Filing 3021 Unredacted Third Amended Complaint and Jury Demand filed by County of Cuyahoga, Ohio filed by County of Cuyahoga. Related document(s) #1630 .(Badala, Salvatore)
December 19, 2019 Filing 3020 Unredacted Third Amended Complaint and Jury Demand filed by County of Summit, Ohio. Related document(s) #1465 .(Singer, Linda)
December 18, 2019 Filing 3019 Transfer Order by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
December 18, 2019 Filing 3018 Notice of Filing Less Redacted Exhibits Attached to Plaintiffs Omnibus Response to Defendants Motions In Limine filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs Omnibus Response to Defendants Motions In Limine, #2 Exhibit 25 - AmerisourceBergen Corporation Letter to Committee on Energy and Commerce re WV operations, #3 Exhibit 33 - Controlled Substance Monitoring DDM, McKesson RNA PowerPoint)Related document(s) #2815 , #2818 , #2817 .(Irpino, Anthony)
December 18, 2019 Filing 3017 Notice of Filing Unredacted and/or Less Redacted Exhibits attached to Plaintiffs' Consolidated Reply Memorandum in Further Support of Plaintiffs Motions for Partial Summary Adjudication with Respect to the Controlled Substances Act filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs Consolidated Reply Memorandum in Further Support of Plaintiffs Motions for Partial Summary Adjudication with Respect to the Controlled Substances Act, #2 Exhibit 522 - McKesson MOA with DEA, #3 Exhibit 527 - Mallinckrodt Email re Order Monitoring, #4 Exhibit 529 - Mallinckrodt SOM Memorandum, #5 Exhibit 544 - Par Email re SOMs, #6 Exhibit 546 - Cegedim PowerPoint, #7 Exhibit 547 - HD Smith Email, #8 Exhibit 557 - Spreadsheet of Orders to Ohio Pharmacies, #9 Exhibit 558 - Spreadsheet of Orders to Ohio Pharmacies, #10 Exhibit 559 - Spreadsheet of Orders to Ohio Pharmacies, #11 Exhibit 575 - Email re Walgreens' Control Summaries)Related document(s) #2557 , #2545 .(Irpino, Anthony)
December 18, 2019 Filing 3016 Notice of Filing Unredacted and/or Less Redacted Plaintiffs Memorandum of Law in Support of Motion for Partial Summary Adjudication that Defendants did not Comply with their Duties under the Federal Controlled Substances Act to Report Suspicious Opioid Orders and Not Ship Them (corrected) and Related Exhibits Part Three [of three] filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs Memorandum of Law in Support of Motion for Partial Summary Adjudication that Defendants did not Comply with their Duties under the Federal Controlled Substances Act to Report Suspicious Opioid Orders and Not Ship Them (corrected), #2 Exhibit SOMSB Ex 309 - State of Ohio Board of Pharmacy Written Response to Prescription Supply, Inc, #3 Exhibit SOMSB Ex 310 - Deposition Excerpt of Jeff Abernathy, #4 Exhibit SOMSB Ex 311 - Deposition Excerpt of Susanne Hiland, #5 Exhibit SOMSB Ex 314 - Plaintiffs' Responses to the Amended and Clarified Discovery Ruling 12 Supplemental Interrogatory Issued to Plaintiffs, #6 Exhibit SOMSB Ex 315 - Deposition excerpt Walmart 30(b)(6), #7 Exhibit SOMSB Ex 316 - Deposition of Ramona Sullins, #8 Exhibit SOMSB Ex 325 - Deposition Excerpt of Edward Bratton, #9 Exhibit SOMSB Ex 332 - Deposition Excerpt of Eric Stahmann, #10 Exhibit SOMSB Ex 347 - Walgreens Distribution Center follow up letter to March 2006 regulatory investigation, #11 Exhibit SOMSB Ex 353 - Deposition Excerpt D. Peterson, #12 Exhibit SOMSB Ex 354 - Deposition Excerpt of Christopher Domzalski, #13 Exhibit SOMSB Ex 356 - Deposition excerpt Bish, #14 Exhibit SOMSB Ex 362 - Deposition Excerpt of Tasha Polster, #15 Exhibit SOMSB Ex 370 - Deposition of Barbara Martin, #16 Exhibit SOMSB Ex 383 - Expert Report of Craig J. McCann, #17 Exhibit SOMSB Ex 385 - Deposition excerpt of Mark Vernazza, #18 Exhibit SOMSB Ex 387 - Deposition excerpt of Amy Propatier, #19 Exhibit SOMSB Ex 389 - Deposition Transcript Excerpts of Ellen Wilson, #20 Exhibit SOMSB Ex 392 - Deposition of Sherri Hinkle, #21 Exhibit SOMSB Ex 394 - Deposition of Aaron Burtner, #22 Exhibit SOMSB Ex 395 - Terrence Dugger, #23 Exhibit SOMSB Ex 400 - Deposition of Gary Millikan, #24 Exhibit SOMSB Ex 405 - Deposition of Shauna Helfrich, #25 Exhibit SOMSB Ex 407 - Emails re: SOM Presentation, #26 Exhibit SOMSB Ex 411 - Business Idea Description, #27 Exhibit SOMSB Ex 412 - Rite Aid Regl. Guidelines, #28 Exhibit SOMSB Ex 413 - Rite Aid Order Monitoring Program, #29 Exhibit SOMSB Ex 415 - Deposition Excerpt of Janet Getzey Hart, #30 Exhibit SOMSB Ex 416 - Deposition of Marian Wood, #31 Exhibit SOMSB Ex 417 - Deposition of Christopher Belli, #32 Exhibit SOMSB Ex 418 - Deposition Excerpt of Janet Getzey Hart, #33 Exhibit SOMSB Ex 419 - Email from Rite Aid to McKesson re 2011 CSMP, #34 Exhibit SOMSB Ex 420 - Deposition of Debra Chase, #35 Exhibit SOMSB Ex 421 - Threshold Exception List, #36 Exhibit SOMSB Ex 423 - Project Suspicious Order Monitoring, #37 Exhibit SOMSB Ex 425 - DSCSA Documents with attachments, #38 Exhibit SOMSB Ex 448 - Excerpt from Report of Craig McCann, Appendix 9, #39 Exhibit SOMSB Ex 516 - Buskey Expert Report)Related document(s) #1964 , #1967 , #1965 , #1910 .(Irpino, Anthony)
December 18, 2019 Filing 3015 Notice of Filing Unredacted and/or Less Redacted Plaintiffs Memorandum of Law in Support of Motion for Partial Summary Adjudication that Defendants did not Comply with their Duties under the Federal Controlled Substances Act to Report Suspicious Opioid Orders and Not Ship Them (corrected) and Related Exhibits Part Two filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs Memorandum of Law in Support of Motion for Partial Summary Adjudication that Defendants did not Comply with their Duties under the Federal Controlled Substances Act to Report Suspicious Opioid Orders and Not Ship Them (corrected), #2 Exhibit SOMSB Ex 220 - Cardinal Board of Directors Report, #3 Exhibit SOMSB Ex 227 - DBA Baltimore District Office Presentation on Cardinal Health Swedesboro Distribution Center, #4 Exhibit SOMSB Ex 229 - Depo Excerpt T. Cameron, #5 Exhibit SOMSB Ex 231 - Brian Reise Expert Report, #6 Exhibit SOMSB Ex 237 - McKesson Drug Operations Manual, #7 Exhibit SOMSB Ex 238 - Deposition of Gary Hilliard, #8 Exhibit SOMSB Ex 241 - Deposition of Blaine Snider, #9 Exhibit SOMSB Ex 243 - McKesson Operations Manual for Pharma Distribution, #10 Exhibit SOMSB Ex 245 - McKesson letter to DEA, #11 Exhibit SOMSB Ex 246 - Deposition Transcript of W. de Gutierrez-Mahoney, #12 Exhibit SOMSB Ex 257 - McKesson email re thresholds, #13 Exhibit SOMSB Ex 258 - McKesson's CSMP Oxycodone Threshold Reduction Report, #14 Exhibit SOMSB Ex 259 - Internal Email re Threshold Report, #15 Exhibit SOMSB Ex 263 - Webex Invite, #16 Exhibit SOMSB Ex 265 - Deposition of Don Walker, #17 Exhibit SOMSB Ex 278 - McKesson email, #18 Exhibit SOMSB Ex 279 - Email re Trackers, #19 Exhibit SOMSB Ex 280 - Email Re Customer CSCP Threshold Report, #20 Exhibit SOMSB Ex 285 - Email re Opioid Reductions, #21 Exhibit SOMSB Ex 290 - Carlos Aquino Expert Report, #22 Exhibit SOMSB Ex 291 - Deposition of Chris Zimmerman, #23 Exhibit SOMSB Ex 293 - Deposition Excerpt of Eric Cherveny, #24 Exhibit SOMSB Ex 294 - Deposition Transcript of Stephen Mays, Vol. I, #25 Exhibit SOMSB Ex 295 - Deposition Transcript of Stephen Mays, Vol. II, #26 Exhibit SOMSB Ex 299 - OHIO Summit County Customers from 2007-2013, #27 Exhibit SOMSB Ex 300 - Opioid Items for All Summit County Customers from 2008 to 2012, #28 Exhibit SOMSB Ex 302 - Deposition of David May, #29 Exhibit SOMSB Ex 305 - Prescription Supply, Inc. Controlled Substances Policy, #30 Exhibit SOMSB Ex 306 - Deposition of James Schoen, #31 Exhibit SOMSB Ex 307 - Deposition of Kirk Harbauer)Related document(s) #1964 , #1910 .(Irpino, Anthony)
December 18, 2019 Filing 3014 Conditional Transfer Order (CTO 125) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
December 18, 2019 Notice: The Court has identified and hired a new emergency MDL law clerk for a one-year term to begin February 2020. The law clerk notified the Court that her current law firm is not appearing in the MDL, but advises a party to the MDL in connection with the State Attorneys General multistate investigation. The Court then requested and has received written confirmation from the new MDL clerks current firm that: (1) the law clerk has not worked in any capacity on any matter related to the MDL; (2) until the law clerks departure from her firm, she will be ethically walled off from any contact with any matter related to the MDL or any attorney working on such a matter; and (3) should the law clerk elect to return to her firm after her clerkship, she will continue to be ethically walled off from any contact with any matter related to the MDL. (P,R)
December 18, 2019 Filing 3013 Notice of Filing Unredacted and/or Less Redacted Plaintiffs Memorandum of Law in Support of Motion for Partial Summary Adjudication that Defendants did not Comply with their Duties under the Federal Controlled Substances Act to Report Suspicious Opioid Orders and Not Ship Them (corrected) and Related Exhibits Part One filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Memorandum of Law in Support of Motion for Partial Summary Adjudication that Defendants did not Comply with their Duties under the Federal Controlled Substances Act to Report Suspicious Opioid Orders and Not Ship Them (corrected) (SOMSB), #2 Exhibit SOMSB Ex 1 Rafalski Expert Report, #3 Exhibit SOMSB Ex 2 McCann Suppl Expert Report, #4 Exhibit SOMSB Ex 3 Keller Expert Report, #5 Exhibit SOMSB Ex 11 Depo Transcript J. Norris, #6 Exhibit SOMSB Ex 12 Depo Transcript N. Hartle, #7 Exhibit SOMSB Ex 15 DEA Diversion Control Agenda, #8 Exhibit SOMSB Ex 20 Depo Transcript T. Schoen, #9 Exhibit SOMSB Ex 21 Whitelaw Expert Report, #10 Exhibit SOMSB Ex 25 McCann Second Supp. Expert Report, #11 Exhibit SOMSB Ex 32 Depo Transcript J. Gillies, #12 Exhibit SOMSB Ex 34 Depo Transcript K Harper, #13 Exhibit SOMSB Ex 36 Depo Transcript J. Rausch, #14 Exhibit SOMSB Ex 38 - Mallinckrodt SOM Program, #15 Exhibit SOMSB Ex 40 - SOM Team Activity Log, #16 Exhibit SOMSB Ex 41 - Suspicious Order Monitoring Program Memorandum, #17 Exhibit SOMSB Ex 50 - Email re Clearing Orders, #18 Exhibit SOMSB Ex 100 - Depo excerpt K. Kreutzer, #19 Exhibit SOMSB Ex 112 - DEA and SOM Internal Audit Report, #20 Exhibit SOMSB Ex 119 - Depo Excerpt S. Macrides, #21 Exhibit SOMSB Ex 120 - Depo Excerpt L. Walker, #22 Exhibit SOMSB Ex 124 - Email re Opana ER, #23 Exhibit SOMSB Ex 126 - Endo Sales Data Chart, #24 Exhibit SOMSB Ex 128 - Par Sales Profit Chart, #25 Exhibit SOMSB Ex 129 - Depo Excerpt T. Norton, #26 Exhibit SOMSB Ex 130 - Risk Management Plan, #27 Exhibit SOMSB Ex 134 - Par and Endo Responses re SOMS, #28 Exhibit SOMSB Ex 135 - Email re SOMS Policy, #29 Exhibit SOMSB Ex 138 - Par SOMS Program Update Presentation, #30 Exhibit SOMSB Ex 139 - Notes, #31 Exhibit SOMSB Ex 140 - Par Correspondence with UPS, #32 Exhibit SOMSB Ex 144 - SOMS Process Flow, #33 Exhibit SOMSB Ex 145 - Summary of SOM Program, Process Flow, #34 Exhibit SOMSB Ex 149 - Email re Deficiency Letter, #35 Exhibit SOMSB Ex 150 - Email re SOMS Violations, #36 Exhibit SOMSB Ex 151 - Email re DEA Deficiency Letter, #37 Exhibit SOMSB Ex 152 - Email re Manufacturers Briefing with Qualitest, #38 Exhibit SOMSB Ex 155 - Email re Qualitest Questionnaire, #39 Exhibit SOMSB Ex 156 - Email re SOPs and SOMs, #40 Exhibit SOMSB Ex 159 - Site Report, #41 Exhibit SOMSB Ex 160 - Par Inc's Suppl. Obj. and Resp. to Plaintiffs' Interrogatories, #42 Exhibit SOMSB Ex 162 - Email, #43 Exhibit SOMSB Ex 167 - Correspondence between DEA and Par, #44 Exhibit SOMSB Ex 169 - Email re Buzzeo Audit, #45 Exhibit SOMSB Ex 171 - Email and Attachment from Buzzeo, #46 Exhibit SOMSB Ex 199 - Excel spreadsheet regarding ordering pattern, #47 Exhibit SOMSB Ex 209 - MOA with Cardinal and DEA)Related document(s) #1957 , #1960 , #1910 .(Irpino, Anthony) (Attachment 25 replaced on 12/26/2019) (P,R).
December 18, 2019 Filing 3012 Notice of Filing Unredacted and/or Less Redacted Exhibits Attached to Plaintiffs Motion for Partial Summary Adjudication of their Equitable Claims for Abatement of an Absolute Public Nuisance filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs Motion for Partial Summary Adjudication of their Equitable Claims for Abatement of an Absolute Public Nuisance, #2 Exhibit 39 - Prescription Drug Diversion Fundamentals, #3 Exhibit 46 - Controlled Substance Monitoring PowerPoint, #4 Exhibit 66 - Nate Hartles July 31, 2018 deposition (excerpt), #5 Exhibit 67 - Nate Hartles August 1, 2018 deposition (excerpt), #6 Exhibit 68 - Gary Boggs January 17, 2019 deposition (excerpt), #7 Exhibit 69 - Jennifer Norris deposition (excerpt), #8 Exhibit 71 - Shawn Abreus deposition (excerpt), #9 Exhibit 72 - Jeff Peacocks deposition (excerpt), #10 Exhibit 73 - Susan Hilands 30(b)(6) deposition (excerpt), #11 Exhibit 74 - Jeff Abernathys deposition (excerpt), #12 Exhibit 75 - Miranda Johnsons deposition (excerpt), #13 Exhibit 76 - Jolynn Colemans deposition (excerpt), #14 Exhibit 77 - Ramona Sullinss deposition (excerpt), #15 Exhibit 78 - George Chapmans deposition (excerpt), #16 Exhibit 79 - Roxanne Reeds deposition (excerpt), #17 Exhibit 80 - Debbie Hodges deposition (excerpt), #18 Exhibit 92 - Eileen Spauldings deposition (full), #19 Exhibit 100 - Paul Campanellis deposition (excerpt), #20 Exhibit 109 - Edward Brattons fact deposition (excerpt), #21 Exhibit 110 - Rex Swords deposition (full), #22 Exhibit 112 - Christopher Dymons fact deposition (excerpt), #23 Exhibit 116 - Eric Stahmanns fact deposition (excerpt))Related document(s) #1890 , #1934 .(Irpino, Anthony)
December 18, 2019 Filing 3011 Notice of Filing Less Redacted Exhibit Attached to Plaintiffs Opposition to Walmarts Motion for Summary Judgment filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs Opposition to Walmarts Motion for Summary Judgment, #2 Exhibit PSJ19 Ex 5 - Plaintiffs Responses to the Amended and Clarified Discovery Ruling 12 Supplemental Interrogatory Issued to Plaintiffs)Related document(s) #2218 .(Irpino, Anthony)
December 18, 2019 Filing 3010 Notice of Filing Unredacted and/or Less Redacted Plaintiffs Memorandum in Opposition to Walgreenss Motion for Summary Judgment and Related Exhibits filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs Memorandum in Opposition to Walgreenss Motion for Summary Judgment, #2 Exhibit PSJ18 Ex 39 - Email re Walgreens State Controls Summaries, with attachment, #3 Exhibit PSJ18 Ex 40 - Chart of Rx Data, #4 Exhibit PSJ18 Ex 41 - Map of Walgreens Stores, #5 Exhibit PSJ18 Ex 57 - Email re OMP, #6 Exhibit PSJ18 Ex 58 - Email re Walgreens Orders Held, #7 Exhibit PSJ18 Ex 61 - Expert Report of Craig McCann)Related document(s) #2205 .(Irpino, Anthony)
December 17, 2019 Filing 3009 Notice of Filing Plaintiffs Memorandum in Opposition to Defendant HBCs Motion for Summary Judgment and Related Exhibits filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs' Opposition to HBC's Motion for Summary Judgment, #2 Exhibit PSJ13 Ex 1 - HBC Service Company's Supplemental Answers to Plaintiffs' First Set of Interrogatories to HBC Service Company, #3 Exhibit PSJ13 Ex 2 -Spreadsheet of Data, #4 Exhibit PSJ13 Ex 3 -Spreadsheet of Data, #5 Exhibit PSJ13 Ex 4 -Email re Controls at HBC, #6 Exhibit PSJ13 Ex 5 -Email re Giant Eagle BuzzeoPDMA SOM Services Proposal, #7 Exhibit PSJ13 Ex 6 -HBC Service Company's Amended Responses to Plaintiffs' (First) Set of Combined Discovery Requests, #8 Exhibit PSJ13 Ex 7 -Email re DSCSA Documents, #9 Exhibit PSJ13 Ex 8 - Chart of Data, #10 Exhibit PSJ13 Ex 9 - Chart of Data, #11 Exhibit PSJ13 Ex 10 - Minutes of the Ohio State Board of Pharmacy Meeting)Related document(s) #2178 .(Irpino, Anthony)
December 17, 2019 Filing 3008 Notice of Filing Unredacted Plaintiffs' Memorandum in Opposition to Defendants CVS Indiana, LLC and CVS Rx Services, Inc.'s Motions for Summary Judgment and Related Exhibits filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs' Memorandum in Opposition to CVS' Motion for Summary Judgment, #2 Exhibit PSJ11 Ex 2 - Chart of Data, #3 Exhibit PSJ11 Ex 3 - Chart of Data, #4 Exhibit PSJ11 Ex 13 - CVS Email re Nightly Front Store Order Files, #5 Exhibit PSJ11 Ex 17 - CVS email with attachments, #6 Exhibit PSJ11 Ex 21 - Email re DEA Closing Audit, #7 Exhibit PSJ11 Ex 29 - Wholesale Supply Agreement, #8 Exhibit PSJ11 Ex 30 - Wholesale Supply Agreement, #9 Exhibit PSJ11 Ex 31 - Wholesale Supply Agreement)Related document(s) #2208 .(Irpino, Anthony)
December 17, 2019 Filing 3007 Notice of Filing Unredacted and/or Less Redacted Plaintiff Expert Reports filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Caleb Alexander, MD, MS Report, #2 Exhibit Caleb Alexander, MD, MS Supplement and Errata, #3 Exhibit David Courtwright, PhD Report, #4 Exhibit David Cutler, PhD Report, #5 Exhibit David Egilman, MD, PhD Report, #6 Exhibit Jonathan Gruber, PhD Report, #7 Exhibit Lacey Keller Report with Errata, #8 Exhibit David Kessler, MD Report, #9 Exhibit Katherine Keyes Report, #10 Exhibit Anna Lembke Report with Supplemental Materials, #11 Exhibit Jeffrey Liebman, PhD Report, #12 Exhibit Jeffrey Liebman, PhD Supplemental Report and Errata with Revised Appendix B, #13 Exhibit Craig McCann Report, #14 Exhibit Craig McCann Supplemental Report, #15 Exhibit Craig McCann Second Supplemental Report, #16 Exhibit Thomas McGuire Report, #17 Exhibit Thomas McGuire Report Public Nuisance, #18 Exhibit Matthew Perri Report Pages 1-1500, #19 Exhibit Matthew Perri Report Pages 1501-2610, #20 Exhibit Matthew Perri Report Pages 2611-3719, #21 Exhibit James Rafalski Report, #22 Exhibit Meredith Rosenthal Report and Errata, #23 Exhibit Mark Schumacher, MD Report and Supplemental Materials, #24 Exhibit Scott Wexelblatt, PhD Report, #25 Exhibit Seth Whitelaw, JD, LLM Report, #26 Exhibit Nancy Young, PhD Report)Related document(s) #1999 .(Irpino, Anthony)
December 17, 2019 Filing 3006 Notice of Filing Unredacted and/or Less Redacted Plaintiffs' Memorandum in Opposition to Non-RICO Small Distributors' Motion for Summary Judgment Based on Their De Minimis Status and Exhibits filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs' Opposition to Non-RICO Defendants' Motion for Summary Judgment Based on their De Minimis Status, #2 Exhibit PSJ9 Ex 1 - Appx 9 of Craig McCann Expert Report, #3 Exhibit PSJ9 Ex 3 - Appx 10 of Craig McCann Expert Report, #4 Exhibit PSJ9 Ex 10 - Internal Notes Anda SOMs, #5 Exhibit PSJ9 Ex 12 - Anda 2012 Business Overview, #6 Exhibit PSJ9 Ex 15 - Pltfs' Resp. to Discovery Ruling 12, #7 Exhibit PSJ9 Ex 16 - Deposition Transcript of W. Versoky, #8 Exhibit PSJ9 Ex 27 - Anda Email re product launch, #9 Exhibit PSJ9 Ex 28 - Depo Excerpt M. DiBello, #10 Exhibit PSJ9 Ex 30 - Depo Excerpt S. Tejada, #11 Exhibit PSJ9 Ex 31 - Depo Excerpt T. Steffanie-Oak, #12 Exhibit PSJ9 Ex 35 - HD Smith SOP for Order Monitoring, #13 Exhibit PSJ9 Ex 36 - HD Smith email, #14 Exhibit PSJ9 Ex 37 - HD Smith email re customer, #15 Exhibit PSJ9 Ex 38 - HD Smith Meeting Minutes, #16 Exhibit PSJ9 Ex 39 - HD Smith email re customer accounts, #17 Exhibit PSJ9 Ex 40 - HD Smith email re pharmacy, #18 Exhibit PSJ9 Ex 41 - HD Smith SOM fixes, #19 Exhibit PSJ9 Ex 42 - HD Smith Reporting Form, #20 Exhibit PSJ9 Ex 43 - HD Smith email re WebEx, #21 Exhibit PSJ9 Ex 46 - HD Smith email re controlled substances, #22 Exhibit PSJ9 Ex 47 - HD Smith email re SOMs, #23 Exhibit PSJ9 Ex 48 - HD Smith Compliance Document, #24 Exhibit PSJ9 Ex 49 - HD Smith email re Audit report, #25 Exhibit PSJ9 Ex 50 - HD Smith email re CSOMP Problem, #26 Exhibit PSJ9 Ex 52 - HD Smith email re customer pharmacy, #27 Exhibit PSJ 9 Ex 53 - HD Smith email re order limits, #28 Exhibit PSJ9 Ex 54 - HD Smith email re customer issue, #29 Exhibit PSJ9 Ex 55 - PSI Controlled Substances Policy)Related document(s) #2307 , #2201 , #2306 .(Irpino, Anthony)
December 17, 2019 Filing 3005 Notice of Filing Unredacted Exhibit Attached to Plaintiffs' Consolidated Memorandum in Opposition to Generic Manufacturers' Motion for Partial Summary Judgment filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs' Consolidated Memorandum in Opposition to Generic Manufacturers' Motion for Partial Summary Judgment, #2 Exhibit PSJ8 - Ex. 69 Chart of ARCOS Data Cuyahoga and Summit Counties)Related document(s) #2251 .(Irpino, Anthony)
December 17, 2019 Filing 3004 Notice of Filing Unredacted and/or Less Redacted Plaintiffs' Consolidated Memorandum in Opposition to Defendants' Motions for Partial Summary Judgment on Statute of Limitations Grounds and Related Exhibits filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs' Consolidated Memorandum in Opposition to Defendants' Motions for Partial Summary Judgment on Statute of Limitations Grounds, #2 Exhibit PSJ4 Ex. 32 McKesson email re Controlled Substances, #3 Exhibit PSJ4 Ex. 34 McKesson Controlled Substance Monitoring Program Report, #4 Exhibit PSJ4 Ex. 38 Cardinal Operating Procedure, #5 Exhibit PSJ4 Ex. 39 Cardinal Notes re SOMS ppt, #6 PSJ4 Ex. 40 Cardinal employee emails re ppt, #7 PSJ4 Ex. 41 Cardinal email re SOM processes)Related document(s) #2212 .(Irpino, Anthony)
December 17, 2019 Filing 3003 Notice of Filing Unredacted and/or Less Redacted Plaintiffs' Memorandum in Opposition to Defendants' Motions for Summary Judgment on Plaintiffs' Civil Conspiracy, RICO and OCPA Claims and Related Exhibits filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs' Consolidated Memorandum in Opposition to Defendants' MSJ on Plaintiffs' Civil Conspiracy, RICO, and OCPA Claims (less redacted), #2 Exhibit PSJ3 Ex. 26 Draft Speech, #3 Exhibit PSJ3 Ex. 298 Mallinckrodt Memorandum re Controlled Substance Compliance Procedure, #4 Exhibit PSJ3 Ex. 317 Email between McKesson and Mallinckrodt, #5 Exhibit PSJ3 Ex. 330 Cardinal Health and Endo Agreement, #6 Exhibit PSJ3 Ex. 335 HDMA PowerPoint, #7 Exhibit PSJ3 Ex. 393 HDMA Staff Performance Review, #8 Exhibit PSJ3 Ex. 499 HDMA Meeting Packet, #9 Exhibit PSJ3 Ex. 570 Cardinal Employee Email, #10 Exhibit PSJ3 Ex. 576 Cardinal and CVS Wholesale Agreement, #11 Exhibit PSJ3 Ex. 577 Cardinal and CVS Wholesale Agreement, #12 Exhibit PSJ3 Ex. 578 Evaluation of CVS Monitoring System, #13 Exhibit PSJ3 Ex. 580 Cardinal Letter to CVS, #14 Exhibit PSJ3 Ex. 600 Amerisource Email, #15 Exhibit PSJ3 Ex. 601 Amerisource document re Walgreens' Orders, #16 Exhibit PSJ3 Ex. 617 McKesson email, #17 Exhibit PSJ3 Ex. 631 Rite Aid Suspicious Order Monitoring Document, #18 Exhibit PSJ3 Ex. 639 Buzzeo Letter, #19 Exhibit PSJ3 Ex. 667B Walmart Direct Sales Folder)Related document(s) #2371 , #2350 , #2357 , #2364 , #2182 .(Irpino, Anthony)
December 17, 2019 Filing 3002 Notice of Filing Unredacted and/or Less Redacted Plaintiffs' Memorandum in Opposition to Defendants' Motions for Summary Judgment on Proof of Causation and Related Exhibits filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs' Consolidated Memorandum in Opposition to Defendants' Motions for Summary Judgment on Proof of Causation (unredacted), #2 Exhibit PSJ2 Ex. 121 Cardinal Audit Committee Meeting, #3 Exhibit PSJ2 Ex. 140 McKesson Controlled Substance Monitoring Program Investigative Report)Related document(s) #2428 , #2427 , #2204 .(Irpino, Anthony)
December 17, 2019 Filing 3001 Notice of Filing Unredacted and/or Less Redacted Plaintiffs' Memorandum in Opposition to Defendants' Daubert Motion to Exclude David Cutler filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs' Opposition to Defendants' Motion to Exclude David Cutler, #2 Exhibit David Cutler Declaration, #3 Exhibit PD9 - Ex. C - Data Appendix)Related document(s) #2209 .(Irpino, Anthony)
December 17, 2019 Filing 3000 Notice of Filing Unredacted Exhibit Attached to Plaintiffs' Memorandum in Opposition to Defendants' Motion to Exclude Jonathan Gruber filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs' Opposition to Defendants' Motion to Exclude Jonathan Gruber, #2 Exhibit PD8 - Ex. A Gruber Data Appendix)Related document(s) #2206 .(Irpino, Anthony)
December 17, 2019 Filing 2999 Notice of Filing Unredacted Exhibit Attached to Plaintiffs' Memorandum in Opposition to Defendants' Motion to Exclude Seth Whitelaw's Opinions and Proposed Testimony filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs' Opposition to Defendants' Motion to Exclude Seth Whitelaw, #2 Exhibit PD6 - Ex. 3 Overview of McKesson's Controlled Substance Monitoring Program)Related document(s) #2221 , #2225 .(Irpino, Anthony)
December 17, 2019 Filing 2998 Notice of Filing Unredacted Exhibit Attached to Plaintiffs' Memorandum in Opposition to Defendants' Motion to Exclude Lacey Keller filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs' Memorandum in Opposition to Defendants' Motion to Exclude Lacey Keller, #2 Exhibit PD5 - Keller Opp. Exh A - Keller Report Addendum)Related document(s) #2207 .(Irpino, Anthony)
December 17, 2019 Filing 2997 Notice of Filing Unredacted and/or Less Redacted Plaintiffs' Consolidated Memorandum in Opposition to Defendants' Motion to Exclude McCann and Rafalski and Related Exhibits filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs' Unredacted Consolidated Memorandum in Opp. to Defendants' Motion to Exclude McCann and Rafalski, #2 Exhibit PD4 Ex. 4 Deposition Excerpt of S. Justus, #3 Exhibit PD4 Ex. 12 DEA Compliance Procedure Mallinckrodt CSOMP, #4 Exhibit PD4 Ex. 13 Mallinckrodt Global Controlled Substance Compliance Procedure, #5 Exhibit PD4 Ex. 15 (excerpt) Cardinal DEA Compliance Manual)Related document(s) #2260 , #2262 , #2263 .(Irpino, Anthony)
December 17, 2019 Filing 2996 Notice of Filing Unredacted Versions of Previously Under Seal Documents filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs' Reply to Cardinal's Obj. to Discovery Ruling 14, P. 5, #2 Exhibit 1 - Email from Dendrite to Cardinal Health re SOM Review, #3 Exhibit 2 - Cardinal Health Email regarding training, #4 Exhibit 3 - Email regarding Dendrite audit of Cardinal SOM program, #5 Exhibit 4 - Cardinal Memo re Cegedim retention, #6 Exhibit 5 - Cegedim PowerPoint, #7 Exhibit 6 - Cardinal Health's Supp. Discovery Responses, #8 Exhibit 7 - Cardinal Health's Answers and Affirmative Defenses, #9 Exhibit 8 - Cardinal Correspondence with DEA, #10 Exhibit 9 - Dendrite Invoice, #11 Exhibit 10 - Cardinal Email re Diversion Matter Expenses, #12 Exhibit 10a - Cardinal QRA & Anti-Diversion Update, #13 Exhibit 11 - Letter and attachments from Cardinal to DEA)Related document(s) #1547 .(Irpino, Anthony)
December 17, 2019 Filing 2995 Notice of Filing Unredacted Versions of Previously Under Seal Documents filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs' Reply to Cardinal's Obj. to Amendment to Discovery Ruling 14, P. 1, #2 Exhibit A - PEC Ltr to SM Cohen, #3 Exhibit B - 2008 MOA between Cardinal and DEA, #4 Exhibit C - Deposition Excerpt - Jennifer Norris, #5 Exhibit D - Cardinal's Written Suppl. Response re Norris Testimony, #6 Exhibit E - Cardinal's 1-15-2019 Answer and Affirmative Defenses, #7 Exhibit F - Cardinal Health Claw-back Log)Related document(s) #1413 , #1407 .(Irpino, Anthony)
December 17, 2019 Filing 2994 Notice of Filing Unredacted Versions of Previously Under Seal Documents filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit Plaintiffs' Unredacted Resp. to Walgreens' Obj. Disc. Ruling No. 9, #2 Exhibit Ex. A - Plaintiffs' Letter, #3 Exhibit Ex. B - Plaintiffs' Letter, #4 Exhibit Ex. C - Defendants' Letter, #5 Exhibit Ex. D - Emails between Plaintiffs and Defendants)Related document(s) #1151 .(Irpino, Anthony)
December 17, 2019 Filing 2993 Marginal Entry Order denying #2992 Robert K. Decker's Motion for Joinder as Party. Judge Dan Aaron Polster on 12/17/19. (Order mailed to Movant at FCI Terre Haute)(P,R)
December 17, 2019 Filing 2992 Motion for Joinder of Party filed by Movant Robert K. Decker. (P,R)
December 16, 2019 Filing 2991 NAS Opioids Plaintiffs' Notice of Filing of Corrected Exhibit A in Support of Motion for Leave to File Fourth Amended Class Action Complaint filed by Anthony Anderson, Jennifer Artz, Melissa Barnwell, Haden Travis Blankenship, Darren Flanagan, Elena Flanagan, Michelle Frost, Stephanie Howell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons, David S. Walker, Sharon A. Walker. (Attachments: #1 Exhibit A-Fourth Amended Class Action Complaint)Related document(s) #2986 .(Dann, Marc)
December 16, 2019 Filing 2990 Marginal Entry Order granting #2989 Plaintiffs Cabell County Commission and City of Huntington, WV's Motion to Sever. Judge Dan Aaron Polster on 12/16/19.(P,R)
December 13, 2019 Filing 2989 Motion to sever filed by Cabell County Commission, City of Huntington. (Farrell, Paul)
December 13, 2019 Filing 2988 Supplement to Motion for leave to file Fourth Amended Class Action Complaint - Certificate of Service of Motion for Leave to File Fourth Amended Complaint, filed by Anthony Anderson, Jennifer Artz, Melissa Barnwell, Haden Travis Blankenship, Darren Flanagan, Elena Flanagan, Michelle Frost, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons, David S. Walker, Sharon A. Walker. Related document(s) #2986 . (Dann, Marc)
December 13, 2019 Filing 2987 Report of Special Master Protective Order Regarding Disclosure by Plaintiffs of Confidential Medical Records in the Track Two Cases filed by David Rosenblum Cohen. (Cohen, David)
December 13, 2019 Filing 2986 Motion for leave to file Fourth Amended Class Action Complaint filed by Anthony Anderson, Jennifer Artz, Jennifer Artz, Melissa Barnwell, Haden Travis Blankenship, Darren Flanagan, Elena Flanagan, Michelle Frost, Stephanie Howell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons, David S. Walker, Sharon A. Walker. (Attachments: #1 Exhibit A-Fourth Amended Class Action Complaint)(Dann, Marc)
December 12, 2019 Filing 2985 Unredacted West Boca Medical Center, Inc. Complaint filed by West Boca Medical Center, Inc.. Related document(s) #760 , #385 .(Barrett, John)
December 12, 2019 Filing 2984 Report of Special Master Order Removing Partial Sealing of Transcript filed by David Rosenblum Cohen. Related document(s) #1314 . (Cohen, David)
December 12, 2019 Filing 2983 Conditional Transfer Order (CTO 124) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
December 11, 2019 Filing 2982 SEALED Document: filed by H. D. Smith, LLC. Related document(s) #2978 , #2981 . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit E)(Padgett, William)
December 11, 2019 Filing 2981 Objection to Discovery Ruling No. 14 Part 10 Regarding H. D. Smith Privilege Claims filed by H. D. Smith, LLC. Related document(s) #2968 . (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit F, #4 Exhibit G, #5 Exhibit H) (Padgett, William)
December 11, 2019 Opinion or Order Filing 2980 Order Regarding Track One Settlement Funds. Judge Dan Aaron Polster on 12/11/19. (P,R)
December 11, 2019 Filing 2979 Report of Special Master Discovery Ruling no. 14, Part 11 Regarding Cardinal Privilege Claims on Deloitte Documents filed by David Rosenblum Cohen. (Cohen, David)
December 11, 2019 Filing 2978 Marginal Entry Order granting H.D. Smith's Motion for leave to file documents under seal (Related Doc #2977 ). Judge Dan Aaron Polster on 12/11/19.(P,R)
December 11, 2019 Filing 2977 Motion for leave to File Documents Under Seal filed by Defendant H. D. Smith, LLC. Related document(s) #2968 . (Padgett, William)
December 10, 2019 Opinion or Order Filing 2976 Order Regarding Scope of Track One-B. Judge Dan Aaron Polster on 12/10/19. (P,R)
December 10, 2019 Filing 2975 Marginal Entry Order granting Cleveland Bakers and Teamsters Motion to dismiss CVS Health Corp. and Add CVS Indiana LLC, CVS RX Services, Inc., CVS TN Distribution, LLC and CVS Pharmacy Inc. as Defendants in 1:18op45158, and rendering moot #771 CVS Health Corp's Motion to dismiss for lack of jurisdiction. (Related Doc #2973 ). Judge Dan Aaron Polster on 12/10/19.(P,R)
December 10, 2019 Filing 2974 Marginal Entry Order granting Cleveland Bakers and Teamsters Motion to dismiss Walgreens Boots Alliance, Inc. and Add Walgreen Co. and Walgreen Eastern Co. as Defendants in 1:18op45432, and rendering moot #772 Walgreens Boots Alliance's Motion to dismiss for lack of jurisdiction. (Related Doc #2972 ). Judge Dan Aaron Polster on 12/10/19.(P,R)
December 9, 2019 Filing 2973 Unopposed Motion to dismiss party CVS Health Corporation and Add CVS Indiana, L.L.C., CVS Rx Services, Inc., CVS TN Distribution, LLC and CVS Pharmacy Inc. as Defendants filed by Cleveland Bakers and Teamsters Health & Welfare Fund, Local Union No. 120 Pipe Fitters Insurance Fund. (Baig, Aelish)
December 9, 2019 Filing 2972 Unopposed Motion to dismiss party Walgreens Boots Alliance, Inc. and Add Walgreen Co. and Walgreen Eastern Co. as Defendants filed by Cleveland Bakers and Teamsters Health & Welfare Fund, Local Union No. 120 Pipe Fitters Insurance Fund. (Baig, Aelish)
December 9, 2019 Filing 2971 Attorney Appearance by Jack E. Urquhart filed by on behalf of County of Duval. (Urquhart, Jack)
December 9, 2019 Filing 2970 Attorney Appearance by Kathryn Snapka filed by on behalf of County of Duval. (Snapka, Kathryn)
December 9, 2019 Filing 2969 Notice of Compliance of NAS Opioid Plaintiffs filed by Anthony Anderson, Jennifer Artz, Melissa Barnwell, Haden Travis Blankenship, Darren Flanagan, Elena Flanagan, Michelle Frost, Stephanie Howell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons, David S. Walker, Sharon A. Walker. (Dann, Marc)
December 7, 2019 Filing 2968 Report of Special Master Discovery Ruling no. 14, Part 10 Regarding H.D. Smith Privilege Claims filed by David Rosenblum Cohen. (Cohen, David)
December 5, 2019 Filing 2965 Conditional Transfer Order (CTO 123) by the Judicial Panel on Mutidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
December 5, 2019 Opinion or Order Order [non-document] - The Court has always been and will continue to be mindful of its ethical obligations as set forth in the Code of Conduct for United States Judges. Regarding settlement discussions, the Court may, "with the consent of the parties, confer separately with the parties and their counsel in an effort to mediate or settle pending matters." Canon 3(A)(4)(d). Per the Canon, neither the Court, nor its Special Masters, will engage in any settlement discussions with the CT1B parties regarding CT1B unless and until all parties agree and ask the Court to do so. Accordingly, CT1B Pharmacy Defendants' Motion for Order Prohibiting Ex Parte Communications #2963 is DENIED AS MOOT. Judge Dan Aaron Polster on 12/5/19.(P,R)
December 5, 2019 Minutes of proceedings [non-document] before Judge Dan Aaron Polster. Case Management Conference held on 12/4/19. Case management issues discussed regarding Track 1B cases. Time: 2 hrs. (P,R)
December 3, 2019 Filing 2964 Request for Proceedings to be on the Record [Certain Defendants] filed by Walgreen Co., Walgreen Eastern Co.. (Stoffelmayr, Kaspar)
December 3, 2019 Filing 2963 Motion For Order Prohibiting Ex Parte Communications filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., Discount Drug Mart, Inc., Giant Eagle, Inc., HBC Service Company, Kroger Co., Ohio CVS Stores, LLC, Rite Aid of Maryland, Inc., Rite Aid of Ohio, Inc., Walgreen Co., Walgreen Eastern Co., Walmart, Inc.. (Attachments: #1 Proposed Order)(Delinsky, Eric)
December 3, 2019 Filing 2962 Joint Status Report filed by Plaintiffs' Liaison Counsel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Weinberger, Peter)
December 3, 2019 Opinion or Order Filing 2961 Order by the Judicial Panel on Multidistrict Litigation lifting stay of CTO 119 and transferring listed case to the Northern District of Ohio. (P,R)
December 3, 2019 Filing 2960 Conditional Transfer Order (CTO 122) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
December 3, 2019 Opinion or Order Order [non-document] granting #2956 NAS Plaintiffs' Motion for Extension of Time until December 9, 2019 to Disclose one of its Expert Reports. Judge Dan Aaron Polster on 12/3/19.(P,R)
December 2, 2019 Filing 2959 Status Report on Negotiation Class filed by Interim Co-Lead Class Counsel for the Proposed Negotiation Class. (Attachments: #1 Exhibit Declaration of Cameron R. Azari (With Exhibits))Related document(s) #2591 .(Seeger, Christopher)
December 2, 2019 Filing 2958 Notice of Partial Compliance filed by Anthony Anderson, Jennifer Artz, Melissa Barnwell, Haden Travis Blankenship, Darren Flanagan, Elena Flanagan, Michelle Frost, Stephanie Howell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons, David S. Walker, Sharon A. Walker. (Dann, Marc)
December 2, 2019 Filing 2957 Conditional Remand Order by the Judicial Panel on Multidistrict remanding case to the Northern District of Illinois. (P,R)
December 2, 2019 Filing 2956 Consent Motion for extension of time until December 9, 2019 to Disclose one of its Expert Reports pursuant to Courts Scheduling Order dated October 7, 2019 [Dkt. 2738] filed by Anthony Anderson, Jennifer Artz, Jennifer Artz, Melissa Barnwell, Haden Travis Blankenship, Darren Flanagan, Elena Flanagan, Michelle Frost, Stephanie Howell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons, David S. Walker, Sharon A. Walker. Related document(s) #2738 . (Dann, Marc)
December 2, 2019 Opinion or Order Order [non-document] granting #2955 Plaintiffs' Motion for Extension of Time until 12/2/19 to Submit Class Notice Report. Judge Dan Aaron Polster on 12/2/19.(P,R)
November 27, 2019 Filing 2955 Motion for extension of time until 12/2/19 to Submit Class Notice Report filed by Plaintiff Interim Co-Lead Class Counsel for the Proposed Negotiation Class. Related document(s) #2591 . (Seeger, Christopher)
November 26, 2019 Opinion or Order Order [non-document] - Track One-B Pharmacy Defendants' Motion for a Case Management Conference (Doc. #: #2952 ) is GRANTED. Case Management Conference to be held on 12/4/2019 at 2:30 PM in Courtroom 18B before Judge Dan Aaron Polster. Party lead counsel shall be in attendance. Party clients are welcome but not required to be in attendance. The Parties shall meet and confer and submit a joint status report regarding the current state of discovery and anticipated amount of additional discovery and other case management matters referred to in Pharmacies' motion. The joint status report should be filed and emailed to Chambers (Polster_Chambers@ohnd.uscourts.gov) no later than 12:00 PM on 12/3/19. Judge Dan Aaron Polster on 11/26/19.(P,R)
November 26, 2019 Filing 2954 Attorney Appearance by Alexandra R. Beeler filed by on behalf of County of Cuyahoga. (Beeler, Alexandra)
November 26, 2019 Filing 2953 Conditional Transfer Order (CTO 121) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
November 25, 2019 Filing 2952 Motion for conference/hearing For Track One-B Case Management Conference filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., Discount Drug Mart, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid of Maryland, Inc., Walgreen Co., Walgreen Eastern Co.. (Delinsky, Eric)
November 22, 2019 Filing 2951 Defendant H. D. Smith, LLC's Withdrawal of Pending Motion to Dismiss filed by H. D. Smith, LLC. (Padgett, William)
November 22, 2019 Opinion or Order Filing 2950 Order Regarding Track Two Cases. Judge Dan Aaron Polster on 11/22/19. (P,R)
November 21, 2019 Opinion or Order Order [non-document] - Pursuant to the Special Master's November 5, 2019, Order Regarding Redacting and Sealing of Documents #2909 , the five pending motions regarding sealed filings (1929; 2437; 2555; 2824; 2839) are DENIED without prejudice. The Court is aware that the parties have reached an agreement on a process by which they will address all of their sealed filings. The parties are directed to follow their agreed upon process and the direction outlined in the Special Masters Order and submit to the Special Master any conflicts that cannot be resolved. Judge Dan Aaron Polster on 11/21/19.(P,R)
November 20, 2019 Filing 2949 Attorney Appearance by Damon W. Suden filed by on behalf of Morton Grove Pharmaceuticals, Inc.. (Suden, Damon)
November 20, 2019 Filing 2948 Attorney Appearance by Clifford Katz filed by on behalf of Morton Grove Pharmaceuticals, Inc.. (Katz, Clifford)
November 20, 2019 Filing 2947 Attorney Appearance by Neil Merkl filed by on behalf of Morton Grove Pharmaceuticals, Inc.. (Merkl, Neil)
November 20, 2019 Filing 2946 Withdrawal of Pending Motions to Dismiss filed by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation. (Hobart, Geoffrey)
November 20, 2019 Filing 2945 Conditional Transfer Order (CTO 120) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
November 20, 2019 Filing 2944 Amendment to Amended complaint by Interlineation against CVS Health Corporation, CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Rite Aid Corporation, Rite Aid Headquarters Corporation, Rite Aid of Ohio, Inc., Rite Aid of Maryland, Inc., Wal-Mart Stores East, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walmart, Inc.. Filed by County of Cuyahoga. (Badala, Salvatore)
November 20, 2019 Filing 2943 Amendment to Amended complaint by Interlineation against CVS Health Corporation, CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc., Giant Eagle, Inc., HBC Service Company, Ohio CVS Stores, LLC, Ohio CVS Stores, LLC, Rite Aid Corporation, Rite Aid Headquarters Corporation, Rite Aid of Ohio, Inc., Rite Aid of Maryland, Inc., Wal-Mart Stores East, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Walmart, Inc.. Filed by County of Summit, Ohio. (Singer, Linda)
November 20, 2019 Filing 2942 Cardinal Health, Inc.'s Withdrawal of Motion to Dismiss on Res Judicata Grounds filed by Cardinal Health, Inc.. Related document(s) #579 .(Hardin, Ashley)
November 19, 2019 Filing 2941 Suggestions of Remand. Judge Dan Aaron Polster on 11/19/19. (P,R)
November 19, 2019 Filing 2940 Track One-B Case Management Order - Jury Trial set for 10/13/2020 at 9:00 AM, Final Pretrial Conference set for 10/5/2020 at 1:30 PM in Courtroom 18B before Judge Dan Aaron Polster. Judge Dan Aaron Polster on 11/19/19. (P,R)
November 19, 2019 USCA Appeal Fees of $505 received, receipt number 14660119095 re #2922 Notice of Appeal (USCA# 19-4097) (H,SP)
November 15, 2019 Filing 2939 Sur-Reply to Track One Plaintiffs' #2894 Motion to amend complaint (unredacted), #2880 Motion for leave to Amend filed by CVS Indiana, L.L.C., CVS RX Services, Inc., Discount Drug Mart, Inc., HBC Service Company, Rite Aid of Maryland, Inc., Walgreen Co., Walgreen Eastern Co., Walmart, Inc.. (Delinsky, Eric)
November 15, 2019 Opinion or Order Order [non-document] granting Pharmacies' Motion for leave to file a surreply (Related Doc #2938 ). Judge Dan Aaron Polster on 11/15/19.(P,R)
November 15, 2019 Filing 2938 Motion for leave to File Surreply in Opposition to Track One Plaintiffs' Motion To Amend filed by CVS Indiana, L.L.C., CVS RX Services, Inc., Discount Drug Mart, Inc., HBC Service Company, Rite Aid of Maryland, Inc., Walgreen Co., Walgreen Eastern Co., Walmart, Inc.. (Attachments: #1 Exhibit Pharmacy Defendants' Surreply in Opposition to Track One Plaintiffs' Motion To Amend)(Delinsky, Eric)
November 14, 2019 Filing 2937 Reply in support of #2880 Motion for leave to Amend filed by Plaintiffs' Lead Counsel. (Attachments: #1 Exhibit A)(Weinberger, Peter)
November 13, 2019 Filing 2936 Submission Regarding MDL Case Management filed by Express Scripts Holding Company, Express Scripts Inc.. (Attachments: #1 Exhibit Sept. 27 Correspondence Regarding Discovery, #2 Exhibit Nov. 5 Correspondence Regarding Discovery)(Riviere-Badell, Adriana)
November 13, 2019 Filing 2935 Revised Position Statement Regarding Continuing Litigation filed by Plaintiffs' Lead Counsel. (Weinberger, Peter)
November 13, 2019 Filing 2934 Proposal by Distributor Defendants Regarding Selective Remand and Opposition to Plaintiffs' Proposal filed by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation. (Attachments: #1 Exhibit 1 - Email from J. Rice to E. Mainigi)(Hardin, Ashley)
November 13, 2019 Filing 2933 Follow-Up Position Paper by Pharmacy Defendants on Case Selection filed by CVS Indiana, L.L.C., CVS Pharmacy Inc., CVS RX Services, Inc.. (Delinsky, Eric)
November 13, 2019 Filing 2932 Notice of Substitution of Counsel removing attorney Joseph Boatright IV and adding attorney Jerad J. Zibritosky filed by on behalf of County of Cuyahoga. (Zibritosky, Jerad)
November 13, 2019 Filing 2931 Notice of Objection to Severence Instead of Dismissal in Proposed Remand Cases filed by Anda, Inc., H. D. Smith, LLC, Henry Schein Medical Systems, Inc., Henry Schein, Inc., Prescription Supply Inc. (Padgett, William)
November 13, 2019 Filing 2930 Letter filed by Seminole Tribe of Florida. (Moskowitz, Adam)
November 13, 2019 Filing 2929 Position Statement re: Case Management Conference Agenda Generic Manufacturers' Position Statement Regarding Selective Remand to Transferor Courts filed by Amneal Pharmaceuticals of New York, LLC, Amneal Pharmaceuticals, LLC, KVK-Tech, Inc.. (Cosgrove, Paul)
November 13, 2019 Filing 2928 Submission Regarding Selection of a Manufacturer Case for Remand to Transferor Court filed by Manufacturer Defendants. (Rendon, Carole)
November 13, 2019 Filing 2927 Objection to Further Participation in Track 1B filed by Discount Drug Mart, Inc.. (Johnson, Timothy)
November 13, 2019 Filing 2926 Attorney Appearance of Pamela J. Ferrell by Ronda L. Harvey filed by on behalf of Kroger Co., Kroger Limited Partnership II. (Harvey, Ronda)
November 12, 2019 Filing 2925 Affidavit/Declaration of Kelly A. Moore in Support of Pharmacy Defendants' Opposition to Plaintiffs' Motion for Leave to Amend filed by Rite Aid of Maryland, Inc.. Related document(s) #2924 . (Attachments: #1 Exhibit A - Drug Enforcement Administration's Order, #2 Exhibit B - Excerpts of a Letter from Paul Hanley to Special Master, #3 Exhibit C - Plaintiffs' (First) Combined Discovery Request to Dispensers)(Moore, Kelly)
November 12, 2019 Filing 2924 Opposition to #2880 Motion for leave to Amend filed by Rite Aid of Maryland, Inc.. (Moore, Kelly)
November 12, 2019 Acknowledgment from the USCA for Sixth Circuit of receipt of #2923 Notice of Appeal (USCA# 19-4099). Date filed in USCA 11/8/19. (H,SP)
November 12, 2019 Acknowledgment from the USCA for Sixth Circuit of receipt of #2922 Notice of Appeal (USCA# 19-4097). Date filed in USCA 11/8/19. (H,SP)
November 12, 2019 Filing 2921 Supplemental Submission Regarding Continuing Litigation filed by Plaintiffs' Lead Counsel. Related document(s) #2906 .(Weinberger, Peter)
November 12, 2019 Filing 2920 Conditional Transfer Order (CTO 119) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
November 11, 2019 Filing 2919 Notice of Bankruptcy Court Second Amended Order Extending Preliminary Injunction filed by Rhodes Pharmaceuticals, Inc., Rhodes Pharmaceuticals, L.P., Rhodes Technologies, Rhodes Technologies, Inc.. (Attachments: #1 Exhibit A - Bankruptcy Court's 11-6-19 Second Amended Order on Preliminary Injunction)(Napolitano, Steven)
November 11, 2019 Filing 2918 Errata filed by Anthony Anderson, Jennifer Artz, Melissa Barnwell, Haden Travis Blankenship, Darren Flanagan, Elena Flanagan, Michelle Frost, Stephanie Howell, Roman Ramirez, Virginia Salmons, Walter Salmons, David S. Walker, Sharon A. Walker. Related document(s) #2814 . (Attachments: #1 Exhibit Declaration of Dr. Anand Doc 32-8, #2 Exhibit Declaration of Dr. Anand Doc 6-10, #3 Exhibit Declaration of Dr. Anand Doc 1797-4, #4 Exhibit Anand CV, #5 Exhibit Busby CV, #6 Exhibit Saunders CV)(Brustowicz, Celeste)
November 11, 2019 Filing 2917 Notice of Substitution of Counsel removing attorney Alicia M. Stefanski and adding attorney H. Toby Schisler, II filed by on behalf of Linden Care LLC. (Schisler, H.)
November 8, 2019 Filing 2916 Non-Appeal Transcript Order Form for proceedings held on November 6, 2019 before Judge Judge Dan Polster, Court Reporter: Heidi Geizer. Requested completion date: November 12, 2019 filed by Seminole Tribe of Florida. (Moskowitz, Adam)
November 8, 2019 Filing 2915 Notice of Second Amended Bankruptcy Court Order Extending Injunction Against Continuation of These Proceedings as to Related Parties to Debtor Purdue Pharma L.P. and Affiliated Debtors filed by Beacon Company, Ilene Sackler Lefcourt, Rosebay Medical Company L.P., Rosebay Medical Company, Inc., David Sackler, Johnathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler. (Attachments: #1 Exhibit Exhibit 1)(Parsell, Stuart)
November 7, 2019 Filing 2914 Response to Plaintiffs' Position Statement Regarding Continuing Litigation, and Renewed Motion for Exception or Amendment to Case Management Order One filed by City of Lakewood. Related document(s) #2906 , #232 .(Lowe, James)
November 7, 2019 Filing 2913 Transcript of Status Conference held on 11/6/2019 before District Judge Dan Aaron Polster. To obtain a copy of this transcript please contact court reporter Heidi Blueskye Geizer at Heidi_Geizer@ohnd.uscourts.gov., 216-357-7092. [47 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 11/14/2019. Redaction Request due 11/29/2019. Redacted Transcript Deadline set for 12/9/2019. Release of Transcript Restriction set for 2/5/2020. (G,He)
November 7, 2019 Filing 2912 Expedited Non-Appeal Transcript Order Form for proceedings held on November 6, 2019 before Judge Polster, Court Reporter: Heidi Geizer. Requested completion date: November 7, 2019 filed by Plaintiffs' Liaison Counsel. (Weinberger, Peter)
November 6, 2019 Filing 2911 FILING ERROR - MUST BE FILED AS NEW MEMBER CASE Complaint with jury demand against Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, Ortho-McNeil-Janssen Pharmaceuticals, Inc.. Filing fee paid $ 400, Receipt number 0647-9614861. Plaintiff has indicated that case may be related to pending civil action 17-md-2804. Filed by Cherokee Nation. (Attachments: #1 Civil Cover Sheet) (Ortiz, Jessica) Modified on 11/7/2019 (P,R).
November 6, 2019 Filing 2910 Conditional Transfer Order (CTO 118) by the Judicial Panel on Multidistrict Litigiation transferring the listed cases to the Northern District of Ohio. (P,R)
November 5, 2019 Filing 2909 Report of Special Master Order Regarding Sealing and Redacting of Documents filed by David Rosenblum Cohen. (Cohen, David)
November 5, 2019 Filing 2908 Position Statement of Certain Defendants Regarding Selective Remand To Transferor Courts filed by Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Par Pharmaceutical Companies, Inc., Par Pharmaceutical, Inc.. (Rendon, Carole)
November 5, 2019 Filing 2907 Position Statement for the November 6, 2019, Status Conference filed by Pharmacy Defendants. (Stoffelmayr, Kaspar)
November 5, 2019 Filing 2906 Position Paper Regarding Continuing Litigation filed by Plaintiffs' Lead Counsel. (Weinberger, Peter)
November 5, 2019 Opinion or Order Order [non-document] - Upon careful review of Defendants Motion for Reconsideration (Doc. #: #2905 ), the Court concludes that Defendants points are well-taken. Defendants Motion is GRANTED. Accordingly, the Parties are hereby directed to file the selective remand proposals, previously submitted to the Court, on the public docket. Further, the November 6, 2019 MDL conference with counsel will be on the record, but will not be open to the public or the media. Judge Dan Aaron Polster on 11/5/19.(P,R)
November 5, 2019 Opinion or Order Order [non-document] denying County of Summit's Motion for leave to File Amendment Under Seal (Related Doc #2881 ). No redactions are necessary or appropriate. Judge Dan Aaron Polster on 11/5/19.(P,R)
November 5, 2019 Filing 2905 Motion for reconsideration of Court's Denial of Request for November 6 Proceedings to be on the Record, Motion for Order to Submit Selective Remand Proposals on the Public Docket filed by Actavis LLC, Allergan PLC, AmerisourceBergen Drug Corporation, Cardinal Health, Inc., Endo Pharmaceuticals, Inc., H. D. Smith, LLC, Johnson & Johnson, Mallinckrodt LLC, McKesson Corporation, Teva Pharmaceuticals USA, Inc.. (Pyser, Steven)
November 5, 2019 Opinion or Order Filing 2904 Order by the Judicial Panel on Multidistrict Litigation lifting stay of CTO 115 and transferring listed cases to the Northern District of Ohio. (P,R)
November 4, 2019 Filing 2903 Motion by P. Matthew Luka to withdraw as attorney and Notice of Substitution of Counsel filed by Defendant Michael Babich. (Luka, Philip)
November 4, 2019 Filing 2902 Attorney Appearance by Emily C. White for NAS Plaintiffs filed by on behalf of Anthony Anderson, Jennifer Artz, Melissa Barnwell, Haden Travis Blankenship, Darren Flanagan, Darren and Elena Flanagan, Elena Flanagan, Michelle Frost, Stephanie Howell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons, Walter and Virginia Salmons, David S. Walker, Sharon A. Walker. (White, Emily)
November 4, 2019 Filing 2901 Notice of Withdrawal of Counsel removing attorney Justin Tresnowski for City of Chicago. (P,R)
November 4, 2019 Filing 2900 Attorney Appearance by Marc E. Dann for NAS Plaintiffs filed by on behalf of Anthony Anderson, Jennifer Artz, Melissa Barnwell, Haden Travis Blankenship, Darren Flanagan, Darren and Elena Flanagan, Elena Flanagan, Michelle Frost, Stephanie Howell, Jacqueline Ramirez, Roman Ramirez, Virginia Salmons, Walter Salmons, Walter and Virginia Salmons, David S. Walker, Sharon A. Walker. (Dann, Marc)
November 4, 2019 Filing 2899 Letter to Judge Polster filed by Seminole Tribe of Florida. (Moskowitz, Adam)
November 4, 2019 Opinion or Order Filing 2898 Order Ruling on NAS Plaintiffs' Motion to compel discovery (Related Doc #2890 ). Judge Dan Aaron Polster on 11/4/19.(P,R)
November 2, 2019 Filing 2897 Attorney Appearance by Katy E. Koski filed by on behalf of Lupin Pharmaceuticals, Inc.. (Koski, Katy)
November 2, 2019 Filing 2896 Notice of Form of Waiver Request filed by Lupin Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A)(Matthews, James)
November 2, 2019 Filing 2895 Attorney Appearance by James W. Matthews filed by on behalf of Lupin Pharmaceuticals, Inc.. (Matthews, James)
November 1, 2019 Filing 2894 Motion to amend complaint (unredacted) filed by MDL Notice Only County of Summit, Ohio. Related document(s) #2880 . (Attachments: #1 Exhibit A (Summit County Proposed Amendment by Interlineation), #2 Exhibit B (Cuyahoga County Proposed Amendment by Interlineation))(Singer, Linda)
November 1, 2019 Filing 2893 Notice of Supplemental Authority filed by Track II Plaintiffs. (Attachments: #1 Exhibit Exhibit A - Order Denying Cardinal Health, Inc's MTD, #2 Exhibit Exhibit B - WVSCT ORDER Denying Cardinal Health's Writ, #3 Exhibit Exhibit C - WV MLP Hearing Transcript, #4 Exhibit Exhibit D - Order Denying Manufacturer Defendants' Joint MTD, #5 Exhibit Exhibit E - Order Denying Distributors' MTD, #6 Exhibit Exhibit F - Order Denying Pharmacy Defendants' MTD, #7 Exhibit Exhibit G - WVSC ORDER Denying Distributor Def's Peition, #8 Exhibit Exhibit H - WVSCT ORDER Denying Mfg Def's Writ, #9 Exhibit Exhibit I - WVSCT ORDER Denying Pharmacy Defendants' Writ)Related document(s) #727 , #728 .(Majestro, Anthony)
November 1, 2019 Filing 2892 Letter regarding the Court's October 25, 2019 Ruling filed by West Boca Medical Center, Inc.. (Barrett, John)
November 1, 2019 Filing 2891 Attorney Appearance by Joseph A. Farchione, Jr. filed on behalf of Maryland Healing Waters, LLC, Physical Medicine and Pain Management Associates, P.C., William Tham, MD, Lawrence Vidaver, MD. (P,R)
November 1, 2019 Filing 2890 Motion to compel discovery filed by Anthony Anderson, Melissa Barnwell, Haden Travis Blankenship, Erin Doyle, Darren and Elena Flanagan, Michelle Frost, Stephanie Howell, Jacqueline Ramirez, Roman Ramirez, Walter and Virginia Salmons, David S. Walker, Sharon A. Walker, Jennifer Artz, Jennifer Artz, Erin Doyle, Darren Flanagan, Elena Flanagan, Virginia Salmons, Walter Salmons, Darren and Elena Flanagan, Walter and Virginia Salmons. (Attachments: #1 Affidavit Declaration of Marc E. Dann, #2 Exhibit A-to Declaration, #3 Exhibit B-to Declaration, #4 Exhibit C-to Declaration, #5 Exhibit D-to Declaration, #6 Exhibit E-to Declaration, #7 Exhibit F-to Declaration, #8 Exhibit G-to Declaration, #9 Exhibit H-to Declaration)(Dann, Marc)
October 31, 2019 Filing 2889 Attorney Appearance of John Dougherty filed by David Zwally filed by on behalf of BR Holdings Associates Inc., BR Holdings Associates L.P., P.F. Laboratories, Inc., PLP Associates Holdings Inc., PLP Associates Holdings L.P., Pharmaceutical Research Associates L.P., Pharmaceutical Research Associates, Inc.. (Zwally, David)
October 31, 2019 Filing 2888 Attorney Appearance of Keelan Diana filed by David Zwally filed by on behalf of BR Holdings Associates Inc., BR Holdings Associates L.P., P.F. Laboratories, Inc., PLP Associates Holdings Inc., PLP Associates Holdings L.P., Pharmaceutical Research Associates L.P., Pharmaceutical Research Associates, Inc.. (Zwally, David)
October 31, 2019 Filing 2887 Attorney Appearance by David Zwally filed by on behalf of BR Holdings Associates Inc., BR Holdings Associates L.P., P.F. Laboratories, Inc., PLP Associates Holdings Inc., PLP Associates Holdings L.P., Pharmaceutical Research Associates L.P., Pharmaceutical Research Associates, Inc.. (Zwally, David)
October 31, 2019 Filing 2886 Attorney Appearance by Gregory E. Hull filed by on behalf of Axiscare Health Logistics, Inc.. (Hull, Gregory)
October 31, 2019 Opinion or Order Order [non-document] denying #2884 Defendants' Request for Proceedings to be on the Record. Judge Dan Aaron Polster on 10/31/19. (P,R)
October 31, 2019 Filing 2885 Conditional Transfer Order (CTO 115) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
October 31, 2019 Filing 2884 Request For Proceedings To Be On The Record filed by CVS Indiana, L.L.C., CVS RX Services, Inc.. (Delinsky, Eric)
October 31, 2019 Filing 2883 Conditional Transfer Order (CTO 117) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. Judge Dan Aaron Polster on 10/31/19. (P,R)
October 29, 2019 Filing 2882 Report of Special Master Agreed Order Regarding Privilege filed by David Rosenblum Cohen. (Cohen, David)
October 29, 2019 Filing 2881 Motion for leave to File Amendment Under Seal filed by MDL Notice Only County of Summit, Ohio. Related document(s) #2880 . (Attachments: #1 Proposed Order Granting Plaintiffs' Motion for Leave to File Amendment Under Seal)(Singer, Linda)
October 29, 2019 Filing 2880 Motion for leave to Amend filed by MDL Notice Only County of Summit, Ohio. (Singer, Linda)
October 28, 2019 Filing 2879 Notice of Filing Bankruptcy filed by Rhodes Pharmaceuticals, Inc., Rhodes Pharmaceuticals, L.P., Rhodes Technologies, Inc., Rhodes Technologies. (Attachments: #1 Exhibit A Voluntary Petitions, #2 Exhibit B Amended Order)(Napolitano, Steven)
October 28, 2019 Filing 2878 Proposed Order - Stipulated Order Dismissing Henry Schein, Inc. with Prejudice filed by Henry Schein, Inc.. (Montminy, Brandan)
October 25, 2019 Opinion or Order Order [non-document] NAS Baby Plaintiffs' Motion for Extension of Time (Doc. #2876 ) is GRANTED. If the parties cannot reach agreement regarding served discovery, NAS Baby Plaintiffs shall file a motion to compel by 12:00 PM on Friday, November 1, 2019. Judge Dan Aaron Polster on 10/25/19.(P,R)
October 25, 2019 Opinion or Order Order [non-document] Janssen's Motion to Compel Timely Production of Discovery by the Ohio Department of Health (Doc. #1288 ) is DENIED AS MOOT due to resolution reached by the parties. Judge Dan Aaron Polster on 10/25/19.(P,R)
October 25, 2019 Opinion or Order Order [non-document] Defendants have moved for oral argument on several issues presented in their pending motions to dismiss various bellwether cases designated in paragraph 2 of CMO-1 (Docs. #829 ; #830 ; #831 ; #833 ; #888 ). The Court has discretion regarding whether to grant oral argument. In the cases identified in these motions, the Court feels that the parties positions are adequately briefed and that no oral argument will be necessary for the Court to make determinations. The Court can, and may at a later date, direct additional briefing should the need arise. Therefore, the above referenced Motions for Oral Argument are DENIED. Judge Dan Aaron Polster on 10/25/19.(P,R)
October 25, 2019 Opinion or Order Order [non-document] Defendant Smiths Food & Drug Centers, Inc. seeks to join the Pharmacies Motion to Dismiss the Blackfeet Tribe Complaint (Doc. #927 ); a motion on which the Court has already ruled (See Docs. #1500 ; #1680 ). Defendant Smiths Food & Drug Centers, Inc.s Motion for Leave to File Joinder in Motion to Dismiss First Amended Complaint (Doc. #1561 ) is GRANTED. Additionally, joinder per Smiths attached joinder motion (Doc. #1561 -1) is also GRANTED and Smiths need not refile that motion. Smiths remains subject to the Courts rulings to the same extent as was indicated in those rulings. Judge Dan Aaron Polster on 10/25/19.(P,R)
October 25, 2019 Filing 2877 Notice of Substitution of Counsel removing attorney Ronald J. Clark and adding attorney Bryce J.Q. Adams filed by on behalf of Kaiser Foundation Health Plan, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Hospitals. (Adams, Bryce)
October 25, 2019 Filing 2876 Motion for extension of NAS Plaintiffs Motion to Compel until 11/1/2019 filed by Anthony Anderson, Melissa Barnwell, Haden Travis Blankenship, Erin Doyle, Darren and Elena Flanagan, Michelle Frost, Stephanie Howell, Jacqueline Ramirez, Roman Ramirez, Walter and Virginia Salmons, David S. Walker, Sharon A. Walker, Jennifer Artz, Jennifer Artz, Erin Doyle, Darren Flanagan, Elena Flanagan, Virginia Salmons, Walter Salmons, Darren and Elena Flanagan, Walter and Virginia Salmons. (Dann, Marc)
October 25, 2019 Filing 2875 Attorney Appearance by William Scherer filed by on behalf of Seminole Tribe of Florida. (Scherer, William)
October 24, 2019 Filing 2874 Attorney Appearance by Howard M. Bushman filed by on behalf of Miccosukee Tribe of Indians of Florida, Seminole Tribe of Florida. (Bushman, Howard)
October 24, 2019 Opinion or Order Order [non-document] denying as moot #2133 Defendants' Motion for Additional Trial Time and For Timely Election by Plaintiffs of Claims and Defendants They Seek to Pursue at Trial. Judge Dan Aaron Polster on 10/24/19.(P,R)
October 23, 2019 Filing 2873 NOTICE OF WITHDRAWAL OF MOTION FOR LEAVE to File Motion for Entry of Case Management Order, Setting of Case Status Conference For Tribal Track Cases, and Appointment of William Scherer and Adam Moskowitz to Tribal Leadership Committee filed by Miccosukee Tribe of Indians of Florida, Seminole Tribe of Florida. Related document(s) #2867 .(Moskowitz, Adam)
October 23, 2019 Filing 2872 Conditional Transfer Order (CTO 116) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
October 22, 2019 Filing 2871 Attorney Appearance by Curtis Osceola filed by on behalf of Miccosukee Tribe of Indians of Florida, Seminole Tribe of Florida. (Osceola, Curtis)
October 22, 2019 Filing 2870 Housekeeping Order denying as moot various Track One trial-related motions and objections. Judge Dan Aaron Polster on 10/22/19. (P,R)
October 22, 2019 Filing 2869 Notice of Substitution of Counsel removing attorney Ronald J. Clark and adding attorney Bryce J.Q. Adams for Kaiser Foundation Health Plan, Kaiser Foundation Health Plan of the Northwest, Kaiser Foundation Hospitals. (P,R)
October 21, 2019 Filing 2868 Stipulated Dismissal Order. Cuyahoga County's and Summit County's claims against Defendants McKesson, Cardinal Health, AmerisourceBergen, Teva, Actavis and Cephalon are Dismissed With Prejudice. Judge Dan Aaron Polster on 10/21/19. (P,R)
October 21, 2019 Filing 2867 Motion for leave to file motion for entry of case management order, setting of case status conference for tribal track cases, and appointment of William Scherer and Adam Moskowitz to tribal leadership committee filed by Miccosukee Tribe of Indians of Florida, Seminole Tribe of Florida. (Attachments: #1 Affidavit, #2 Proposed Order)(Moskowitz, Adam) .
October 21, 2019 Filing 2866 Attorney Appearance by Adam M. Moskowitz filed by on behalf of Miccosukee Tribe of Indians of Florida, Seminole Tribe of Florida. (Moskowitz, Adam)
October 21, 2019 Filing 2865 Attorney Appearance by Erik W. Nielsen filed by on behalf of West Bend Mutual Insurance Company. (Nielsen, Erik)
October 21, 2019 Filing 2864 Attorney Appearance by Martha Leibell, Monica C. Pedroza filed on behalf of Actavis LLC, Cephalon, Inc., Teva Pharmaceuticals USA, Inc. (P,R)
October 21, 2019 Filing 2863 Transcript of Proceedings held on 10/21/2019 before District Judge Dan Aaron Polster. To obtain a copy of this transcript please contact court reporter Donnalee Cotone at 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 10/28/2019. Redaction Request due 11/12/2019. Redacted Transcript Deadline set for 11/21/2019. Release of Transcript Restriction set for 1/21/2020. (N,SE)
October 20, 2019 Filing 2862 Amended Exhibit List filed by McKesson Corporation. (Hobart, Geoffrey)
October 20, 2019 Filing 2861 Objection to Preliminary Jury Charge filed by Actavis LLC, AmerisourceBergen Drug Corporation, Cardinal Health, Inc., Cephalon, Inc., McKesson Corporation, Teva Pharmaceuticals USA, Inc., Walgreen Co.. (Attachments: #1 Exhibit A) (Hobart, Geoffrey)
October 20, 2019 Filing 2860 Joint Proposed Jury Instructions Defendants' Objections to Plaintiff's Submission Regarding the Court's Proposed Preliminary Jury Charge filed by Actavis LLC, AmerisourceBergen Drug Corporation, Cardinal Health, Inc., Cephalon, Inc., Henry Schein, Inc., McKesson Corporation, Teva Pharmaceuticals USA, Inc., Walgreen Co.. (Attachments: #1 Exhibit A - Proposed Changes)(Stoffelmayr, Kaspar)
October 20, 2019 Filing 2859 Response to #2857 Motion in limine to Preclude Certain Prejudicial Statements and Testimony filed by Plaintiffs' Executive Committee, Plaintiffs' Lead Counsel, Plaintiffs' Liaison Counsel. (Cabraser, Elizabeth)
October 20, 2019 Filing 2858 Amended Exhibit List 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, Cephalon, Inc., Teva Pharmaceuticals USA, Inc., Warner Chilcott Company, LLC, Watson Laboratories, Inc.. (Feinstein, Wendy)
October 20, 2019 Filing 2857 Motion in limine to Preclude Certain Prejudicial Statements and Testimony filed by Actavis LLC, AmerisourceBergen Drug Corporation, Cardinal Health, Inc., Cephalon, Inc., McKesson Corporation, Teva Pharmaceuticals USA, Inc., Walgreen Co.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hobart, Geoffrey)
October 20, 2019 Filing 2856 Response Cardinal Health's Response to Plaintiffs' Objection to Special Masters October 15, 2019 Ruling Permitting Defendants to Call Certain Pharmacists as Trial Witnesses filed by Cardinal Health, Inc.. Related document(s) #2855 , #2845 . (Pyser, Steven)
October 20, 2019 Filing 2855 Response Walgreens Response to Plaintiffs Objection to Special Masters October 15, 2019 Ruling Permitting Defendants to Designate Certain Pharmacists as Trial Witnesses filed by Walgreen Co.. Related document(s) #2845 . (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Stoffelmayr, Kaspar)
October 18, 2019 Filing 2854 Objection Plaintiffs' Oppositon to Distributor Defendants' Objection to October 13, 2019 Discovery Ruling filed by County of Cuyahoga, County of Summit, Ohio, Plaintiffs' Lead Counsel, Plaintiffs' Liaison Counsel. Related document(s) #2820 . (Attachments: #1 Exhibit 1 - Plaintiffs' Oppositon to Motion to Strike, #2 Exhibit 2 - Declaration of David Cutler, #3 Exhibit 3 - Declaration of Thomas McGuire) (Hanly, Paul)
October 18, 2019 Filing 2853 Reply in support of #2835 Motion to quash Trial Subpoena to Walgreens Employee Deborah Bish filed by Walgreen Co.. (Attachments: #1 Exhibit 1)(Stoffelmayr, Kaspar)
October 18, 2019 Filing 2852 Motion for reconsideration of the Court's Ruling on Distributor Motion in Limine No. 3 and McKesson Motion in Limine No. 2 filed by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., Henry Schein, Inc., McKesson Corporation, Walgreen Co.. Related document(s) #2663 , #2666 . (Nicholas, Robert)
October 18, 2019 Filing 2851 Transcript of Continued Voir Dire held on 10/17/2019 before District Judge Dan Aaron Polster. To obtain a copy of this transcript please contact court reporter Donnalee Cotone at Donnalee_Cotone@ohnd.uscourts.gov. [30 pages]
October 18, 2019 Filing 2850 Motion to quash (Non-Party) Trial Subpoena of Kenneth Mills filed by Movant Kenneth Mills. (Spellacy, Kevin)
October 18, 2019 Filing 2849 Transcript of Voir Dire held on 10/16/2019 before District Judge Dan Aaron Polster. To obtain a copy of this transcript please contact court reporter Donnalee Cotone at Donnalee_Cotone@ohnd.uscourts.gov. [83 pages]
October 18, 2019 Filing 2848 TEVA AND ACTAVIS GENERIC DEFENDANTS' NOTICE OF NON-PARTY FAULT 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, Cephalon, Inc., Teva Pharmaceuticals USA, Inc., Warner Chilcott Company, LLC, Watson Laboratories, Inc.. (Reed, Steven)
October 18, 2019 Filing 2847 Notice of Filing Bankruptcy filed by Beverly Sackler, David Sackler, Johnathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, Trust for the Benefit of Members of the Raymond Sackler Family. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Parsell, Stuart)
October 18, 2019 Filing 2846 Reply in support of #2797 Motion Certain Defendants' Motion to Overrule Plaintiffs' Objection to Testimony From Their Own Expert Witnesses And For Other Fair and Equitable Relief filed by Cardinal Health, Inc.. (Attachments: #1 Exhibit 1 - Kessler Report, #2 Exhibit 2 - Rosenthal Report, #3 Exhibit 3 - Apr. 6, 2019 Email)(Hardin, Ashley)
October 18, 2019 Filing 2845 Witness List Plaintiffs' Objection to Special Master's October 15, 2019 Ruling Permitting Defendants to Designate Certain Pharmacists As Trial Witnesses filed by County of Cuyahoga, County of Summit, Ohio. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hanly, Paul)
October 18, 2019 Filing 2844 Response to #2835 Motion to quash Trial Subpoena to Walgreens Employee Deborah Bish filed by County of Cuyahoga, County of Summit, Ohio. (Attachments: #1 Exhibit A)(Hanly, Paul)
October 18, 2019 Filing 2843 Witness List Plaintiffs' Trial Witnesses Disclosure for October 22, 2019 filed by County of Cuyahoga, County of Summit, Ohio. (Hanly, Paul)
October 17, 2019 Filing 2842 Witness List Plaintiffs' Trial Witness Disclosure - Week One filed by County of Cuyahoga, County of Summit, Ohio. (Hanly, Paul)
October 17, 2019 Filing 2841 Notice and Filing of Unredacted and Less Redacted Pleading Exhibits filed by Plaintiffs' Lead Counsel. (Attachments: #1 Index Chart, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit, #46 Exhibit, #47 Exhibit, #48 Exhibit, #49 Exhibit, #50 Exhibit, #51 Exhibit, #52 Exhibit, #53 Exhibit, #54 Exhibit, #55 Exhibit, #56 Exhibit, #57 Exhibit, #58 Exhibit, #59 Exhibit, #60 Exhibit, #61 Exhibit, #62 Exhibit, #63 Exhibit, #64 Exhibit, #65 Exhibit, #66 Exhibit, #67 Exhibit, #68 Exhibit, #69 Exhibit, #70 Exhibit, #71 Exhibit, #72 Exhibit, #73 Exhibit, #74 Exhibit, #75 Exhibit, #76 Exhibit, #77 Exhibit, #78 Exhibit, #79 Exhibit)Related document(s) #2212 , #2545 , #1908 , #1890 , #2182 , #2204 , #2260 , #1921 , #1910 .(Farrell, Paul)
October 17, 2019 Filing 2840 Joint Proposed Jury Instructions Defendants' Submission Regarding the Court's Proposed Preliminary Jury Charge filed by Actavis LLC, AmerisourceBergen Drug Corporation, Cardinal Health, Inc., Cephalon, Inc., Henry Schein, Inc., McKesson Corporation, Teva Pharmaceuticals USA, Inc., Walgreen Co.. (Attachments: #1 Exhibit A - Preliminary Jury Charge)(Stoffelmayr, Kaspar)
October 17, 2019 Filing 2839 SEALED Motion Joining the Motion of Defendants AmerisourceBergen Drug Corporation and McKesson Corporation Regarding Sealed Filings Made Pursuant to Order Amending Procedures Regarding Redactions and Filing of Briefs Under Seal #1813 , #2824 filed by Defendant Discount Drug Mart, Inc.. Related document(s) #1813 , #2824 . (Johnson, Timothy)
October 17, 2019 Filing 2838 Minutes of proceedings before Judge Dan Aaron Polster. Voir Dire held and concluded on 10/17/19. Trial to begin 10/21/19 at 9:00 a.m. (Court Reporter: D. Cotone.)Time: 2 hrs. (P,R)
October 17, 2019 Filing 2835 Motion to quash Trial Subpoena to Walgreens Employee Deborah Bish filed by Defendant Walgreen Co.. (Attachments: #1 Affidavit Declaration of Deborah Bish in Support of Motion to Quash, #2 Exhibit 1, #3 Exhibit 2)(Stoffelmayr, Kaspar)
October 16, 2019 Filing 2837 Minutes of proceedings before Judge Dan Aaron Polster. Voir Dire began on 10/16/19, to resume 10/17/19 at 9:00 a.m. (Court Reporter: D. Cotone.)Time: 8 hrs. (P,R)
October 16, 2019 Filing 2834 Response to #2822 Motion Objecting to Plaintiffs' Listing as Live Stream Witness filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit A)(Weinberger, Peter)
October 16, 2019 Filing 2833 Attorney Appearance by Evan K. Jacobs filed on behalf of Actavis LLC, Actavis Pharma, Inc., Cephalon, Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.(P,R)
October 16, 2019 Filing 2832 SEALED Motion to Postpone Trial Due to Eve-of-Trial Prejudicial Publicity #441 filed by Actavis LLC, AmerisourceBergen Drug Corporation, Cardinal Health, Inc., Cephalon, Inc., Henry Schein, Inc., McKesson Corporation, Teva Pharmaceuticals USA, Inc., Walgreen Co.. Related document(s) #441 . (Hardin, Ashley)
October 16, 2019 Filing 2831 Opposition to #2797 Motion Certain Defendants' Motion to Overrule Plaintiffs' Objection to Testimony From Their Own Expert Witnesses And For Other Fair and Equitable Relief filed by Plaintiffs' Executive Committee. (Weinberger, Peter)
October 15, 2019 Filing 2836 Minutes of proceedings before Judge Dan Aaron Polster. Final Pretrial Conference held on 10/15/19. Trial issued discussed, rulings on motions in limine (Court Reporter: D. Cotone.)Time: 1 hr 30 min. (P,R)
October 15, 2019 Filing 2830 Attorney Appearance Mildred S. Conroy by M. Michelle Carreras filed by on behalf of County of Cuyahoga. (Carreras, M.)
October 15, 2019 Filing 2829 Attorney Appearance Kathryn Rachel Lanier by M. Michelle Carreras filed by on behalf of County of Cuyahoga. (Carreras, M.)
October 15, 2019 Filing 2828 Transcript of Final Pretrial (p.m. session) held on 10/15/2019 before Judge Dan Aaron Polster. To obtain a copy of this transcript please contact court reporter Donnalee Cotone at donnalee_cotone@ohnd.uscourts.gov. [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 10/22/2019. Redaction Request due 11/5/2019. Redacted Transcript Deadline set for 11/15/2019. Release of Transcript Restriction set for 1/13/2020. Related document(s) #2765 . (C,Do)
October 15, 2019 Filing 2827 Transcript of Final Pretrial (a.m. session) held on 10/15/2019 before Special Master David R. Cohen. To obtain a copy of this transcript please contact court reporter Donnalee Cotone at donnalee_cotone@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 10/22/2019. Redaction Request due 11/5/2019. Redacted Transcript Deadline set for 11/15/2019. Release of Transcript Restriction set for 1/13/2020. Related document(s) #2765 . (C,Do)
October 15, 2019 Filing 2826 Expedited Non-Appeal Transcript Order Form for proceedings held on 10/15/2019 before Judge Judge Polster, Court Reporter: Donnalee Cotone. Requested completion date: 10/15/2019 (hourly) filed by AmerisourceBergen Drug Corporation. (Nicholas, Robert)
October 15, 2019 Filing 2825 Expedited Non-Appeal Transcript Order Form for proceedings held on 10/15/19 before Judge Polster, Court Reporter: Donnalee Cotone. Requested completion date: 10/15/19 filed by Plaintiffs' Liaison Counsel. (Weinberger, Peter)
October 15, 2019 Filing 2824 SEALED Motion Regarding Sealed Filings Made Pursuant to Order Amending Procedures Regarding Redactions and Filing of Briefs Under Seal #1813 filed by AmerisourceBergen Drug Corporation, McKesson Corporation. Related document(s) #1813 . (Attachments: #1 Pleading June 5, 2019 Order from Judge Polster)(Hobart, Geoffrey)
October 15, 2019 Filing 2823 Attorney Appearance by Christopher R. Hall filed by on behalf of Paul Andrew Pyfer. (Hall, Christopher)
October 15, 2019 Filing 2822 Motion Objecting to Plaintiffs' Listing Pyfer as Live Stream Witness filed by Movant Paul Andrew Pyfer. (Attachments: #1 Exhibit A - Emails, #2 Exhibit B - Transcript, #3 Exhibit C - Declaration of Paul Andrew Pyfer, #4 Proposed Order)(P,R)
October 15, 2019 Filing 2821 Conditional Transfer Order (CTO 114) by the Judicial Panel on Multidistrict Litigation transferring the listed cases to the Northern District of Ohio. (P,R)
October 15, 2019 Filing 2820 Objection Distributor Defendants' Objection to October 13, 2019 Discovery Ruling Permitting New Expert Opinions Incorrectly Labeled as "Errata" filed by Cardinal Health, Inc.. Related document(s) #2799 . (Attachments: #1 Exhibit 1 - Aug. 13, 2019 Special Master Ruling, #2 Exhibit 2 - Oct. 10, 2019 Special Master Ruling, #3 Exhibit 3 - McGuire Errata, #4 Exhibit 4 - Cutler Errata) (Hardin, Ashley)
October 15, 2019 Filing 2819 Transcript of Teleconference Proceedings held on September 16th, 2019, before Judge Dan A. Polster. To obtain a bound copy of this transcript please contact court reporter George J. Staiduhar at (216) 357-7128. [26 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 10/22/2019. Redaction Request due 11/5/2019. Redacted Transcript Deadline set for 11/15/2019. Release of Transcript Restriction set for 1/13/2020. (S,G)
October 14, 2019 Filing 2818 Response to #2668 Motion in limine to Exclude Certain References, #2666 Omnibus Motion in limine , #2653 Motion in limine , #2663 Motion in limine to Exclude Certain Evidence and Agrument , #2661 Motion in limine Ominbus Memorandum of Law In Support of All Track One Bellwether Trial Defendants' Motions in Liminie , #2645 Motion in limine , #2648 Motion in limine - filed as sealed document at #2734 - filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit 31, #2 Exhibit 32, #3 Exhibit 33 (redacted), #4 Exhibit 34, #5 Exhibit 35)(Weinberger, Peter)
October 14, 2019 Filing 2817 Response to #2668 Motion in limine to Exclude Certain References, #2666 Omnibus Motion in limine , #2653 Motion in limine , #2663 Motion in limine to Exclude Certain Evidence and Agrument , #2661 Motion in limine Ominbus Memorandum of Law In Support of All Track One Bellwether Trial Defendants' Motions in Liminie , #2645 Motion in limine , #2648 Motion in limine - filed as sealed document at #2730 - filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit 21, #2 Exhibit 22, #3 Exhibit 23, #4 Exhibit 24, #5 Exhibit 25 (redacted), #6 Exhibit 26, #7 Exhibit 27, #8 Exhibit 28, #9 Exhibit 29, #10 Exhibit 30)(Weinberger, Peter)
October 14, 2019 Filing 2816 Response to #2668 Motion in limine to Exclude Certain References, #2666 Omnibus Motion in limine , #2653 Motion in limine , #2663 Motion in limine to Exclude Certain Evidence and Agrument , #2661 Motion in limine Ominbus Memorandum of Law In Support of All Track One Bellwether Trial Defendants' Motions in Liminie , #2645 Motion in limine , #2648 Motion in limine - filed as sealed document at #2729 - filed by Plaintiffs' Executive Committee. (Attachments: #1 Exhibit 11, #2 Exhibit 12, #3 Exhibit 13, #4 Exhibit 14 (redacted), #5 Exhibit 15, #6 Exhibit 16, #7 Exhibit 17, #8 Exhibit 18, #9 Exhibit 19, #10 Exhibit 20)(Weinberger, Peter)
October 14, 2019 Filing 2815 Response to #2668 Motion in limine to Exclude Certain References, #2666 Omnibus Motion in limine , #2653 Motion in limine , #2663 Motion in limine to Exclude Certain Evidence and Agrument , #2661 Motion in limine Ominbus Memorandum of Law In Support of All Track One Bellwether Trial Defendants' Motions in Liminie , #2645 Motion in limine , #2648 Motion in limine - filed as sealed document at #2727 - filed by Plaintiffs' Executive Committee. (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)(Weinberger, Peter)
October 14, 2019 Filing 2814 NOTICE OF EXPERTS UPON WHOM NAS PLAINTIFFS WILL OFFER AS PER DOCKET NUMBER 2738 IN SUPPORT OF CLASS CERTIFICATION filed by Jennifer Artz, Darren and Elena Flanagan, Michelle Frost, Walter and Virginia Salmons. (Attachments: #1 Exhibit CV - Howard, #2 Exhibit CV - Werntz, #3 Exhibit CV - Rosen)(Brustowicz, Celeste)
October 14, 2019 Filing 2813 Notice of Substitution of Counsel removing attorney Laura J. Baughman and adding attorney J. Burton LeBlanc, IV filed by on behalf of Belmont County Board of County Commissioners, Boone County Commission, Brown County Board of County Commissioners, Cabell County Commission, City of Cincinnati, City of Nanticoke, Pennsylvania, City of Portsmouth, City of Wilkes Barre, Pennsylvania, Clermont County Board of County Commissioners, County of Calaveras, County of Inyo, County of Madera, County of Mariposa, County of Merced, Fairview Township, Pennsylvania, Fayette County Commission, Gallia County Board of Commissioners, Greenbrier County Commission, Hocking County Board of Commissioners, Jackson County Board of County Commissioners, Kanawha County Commission, Lawrence County Board of Commissioners, Logan County Commission, Louisville/Jefferson County Metro Government, Nye County, Nevada, People of the State of Illinois, Pike County Board of County Commissioners, Plains Township, Pennsylvania, Ross County Board of County Commissioners, Scioto County Board of County Commissioners, Vinton County Board of County Commissioners, Wayne County Commission, Wyoming County, Pennsylvania. (Attachments: #1 Exhibit A - Case List)(LeBlanc, J.)
October 14, 2019 Filing 2812 Motion Preclude Attorneys and Witnesses' Extrajudicial Statements filed by Actavis LLC, AmerisourceBergen Drug Corporation, Cardinal Health, Inc., Cephalon, Inc., Henry Schein, Inc., McKesson Corporation, Teva Pharmaceuticals USA, Inc., Walgreen Co.. (Nicholas, Robert)
October 14, 2019 Filing 2811 Opposition to #2795 First Motion to quash Subpoena to Non-Party David Gustin filed by Plaintiffs' Liaison Counsel. (Weinberger, Peter)
October 14, 2019 Filing 2810 Opposition to #2766 Motion For Pro Rata Trial Time filed by Plaintiffs' Liaison Counsel. (Weinberger, Peter)
October 14, 2019 Filing 2809 Amended Exhibit List filed by McKesson Corporation. (Hobart, Geoffrey)
October 14, 2019 Filing 2808 Reply in support of #2668 Motion in limine to Exclude Certain References filed by Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (Reed, Steven)
October 14, 2019 Filing 2807 Motion to quash Trial Subpoena to Jennifer Norris, Esq. filed by Defendant Cardinal Health, Inc.. (Attachments: #1 Exhibit 1)(Hardin, Ashley)
October 14, 2019 Filing 2806 Exhibit List filed by AmerisourceBergen Drug Corporation. (Nicholas, Robert)
October 14, 2019 Filing 2805 Reply in support of #2652 Omnibus Motion in limine and Memorandum in Support filed by Plaintiffs' Liaison Counsel. (Weinberger, Peter)
October 14, 2019 Filing 2804 Reply in support of #2666 Omnibus Motion in limine filed by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., Henry Schein, Inc., McKesson Corporation. (Attachments: #1 Exhibit A - Ofifce of Inspector General)(Nicholas, Robert)
October 14, 2019 Filing 2803 Reply in support of #2653 Motion in limine filed by Cardinal Health, Inc.. (Hardin, Ashley)
October 14, 2019 Filing 2802 Reply in support of #2663 Motion in limine to Exclude Certain Evidence and Agrument filed by McKesson Corporation. (Attachments: #1 Pleading Declaration of Christian J. Pistilli, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Hobart, Geoffrey)
October 14, 2019 Filing 2801 Reply in support of #2648 Motion in limine filed by Walgreen Co.. (Stoffelmayr, Kaspar)
October 14, 2019 Filing 2800 Track One Bellwether Trail Defendants' Reply to Plaintiffs' Opposition to Defendants' Joint Motions in Limine filed by Actavis LLC, AmerisourceBergen Drug Corporation, Amerisourcebergen Services Corporation, Cardinal Health, Inc., Cephalon, Inc., Henry Schein Medical Systems, Inc., Henry Schein, Inc., McKesson Corporation, Teva Pharmaceuticals USA, Inc., Walgreen Co.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Hobart, Geoffrey)
October 13, 2019 Filing 2799 Report of Special Master Ruling Regarding Plaintiffs' "Errata" filed by David Rosenblum Cohen. (Cohen, David)
October 12, 2019 Filing 2798 Non-Appeal Transcript Order Form for proceedings held on 10/11/2019 and 10/15/2019-12/13/2019 before Judge Dan Aaron Polster, Court Reporter: Donnalee Cotone. filed by McKesson Corporation. (Hobart, Geoffrey)
October 11, 2019 Filing 2797 Motion Certain Defendants' Motion to Overrule Plaintiffs' Objection to Testimony From Their Own Expert Witnesses And For Other Fair and Equitable Relief filed by Defendant Cardinal Health, Inc.. (Attachments: #1 Exhibit 1 - Lembke Deposition Transcript Excerpt, #2 Exhibit 2 - Rosenthal Deposition Day 1 Transcript Excerpt, #3 Exhibit 3 - Rosenthal Deposition Day 2 Transcript Excerpt, #4 Exhibit 4 - Kessler Deposition Day 1 Transcript Excerpt, #5 Exhibit 5 - Kessler Deposition Day 2 Transcript Excerpt, #6 Exhibit 6 - September 11 Joint Defense Witness List)(Hardin, Ashley)
October 11, 2019 Filing 2795 First Motion to quash Subpoena filed by David B. Gustin, David B. Gustin. (Attachments: #1 Exhibit Indictment of David Gustin, #2 Exhibit Order Denying Bill of Particulars, #3 Proposed Order Proposed Order)(Butler, Brian)
October 11, 2019 Filing 2794 Response to #2766 Motion For Pro Rata Trial Time filed by AmerisourceBergen Drug Corporation, Henry Schein, Inc., McKesson Corporation, Walgreen Co.. (Hobart, Geoffrey)
October 11, 2019 Filing 2793 Response to Plaintiffs' Witness Objections filed by AmerisourceBergen Drug Corporation. Related document(s) #2749 . (Attachments: #1 Exhibit A) (Nicholas, Robert)
October 11, 2019 Filing 2792 Non-Appeal Transcript Order Form for proceedings held on 10/11/2019 to end of trial before Judge Dan Aaron Polster, Court Reporter: Donnalee Cotone. Requested completion date: Daily filed by Walmart, Inc.. (Fumerton, Tara)
October 11, 2019 Opinion or Order Order [non-document] - The Court and the parties have long been preparing for trial with facts and legal issues that pertain to several manufacturers and several distributors. Teva now asserts that, with only one manufacturer defendant instead of five, the trial will be too complicated. This logic fails. The Court is confident the parties will be able to present their case to the jury in an intelligible way. Accordingly, Teva's Motion to Sever (Doc. #: #2788 ) is DENIED. Judge Dan Aaron Polster on 10/11/19.(P,R)
October 11, 2019 Filing 2791 Objection to Order Regarding Adjudication of Plaintiffs' Public Nuisance Claims filed by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., Henry Schein, Inc., McKesson Corporation, Walgreen Co.. Related document(s) #2629 . (Hobart, Geoffrey)
October 11, 2019 Filing 2790 Non-Appeal Transcript Order Form for proceedings held on 10/11/2019 (Trial) before Judge Dan Aaron Polster, Court Reporter: Donnalee Cotone. Requested completion date: Daily filed by Mallinckrodt LLC, SpecGX LLC. (O'Connor, Andrew)
October 11, 2019 Filing 2789 Notice of Withdrawal of Counsel filed by SAJ Distributors. (Harvey, Ronda)
October 11, 2019 Filing 2788 Motion to sever or for a Separate Trial and Memorandum in Support filed by Actavis LLC, Cephalon, Inc., Teva Pharmaceuticals USA, Inc.. (Reed, Steven)
October 11, 2019 Filing 2787 Expedited Non-Appeal Transcript Order Form for proceedings held on 10/11/19 before Judge Dan Aaron Polster, Court Reporter: Donnalee Cotone. Requested completion date: 10/11/2019 (hourly) filed by AmerisourceBergen Drug Corporation. (Nicholas, Robert)
October 11, 2019 Opinion or Order Filing 2786 Order Dismissing Johnson & Johnson With Prejudice (County of Cuyahoga v. Purdue Pharma and County of Summit v. Purdue Pharma). Judge Dan Aaron Polster on 10/11/19. (P,R)
October 11, 2019 Filing 2785 Response to Plaintiffs' Witness Objections filed by Actavis LLC, Cephalon, Inc., Teva Pharmaceuticals USA, Inc.. Related document(s) #2749 . (Reed, Steven)
October 10, 2019 Filing 2784 Expedited Non-Appeal Transcript Order Form for proceedings held on 10/16/2019 - 12/13/2019 before Judge Polster, Court Reporter: Donnalee Cotone. Requested completion date: Daily filed by Walgreen Co.. (Stoffelmayr, Kaspar)
October 10, 2019 Filing 2783 Deposition of Certain Defendants' Final Affirmative Deposition Designations filed by Walgreen Co. and other defendants. (Attachments: #1 Exhibit A - Wright Designations)(Hobart, Geoffrey)
October 10, 2019 Filing 2782 Deposition of Defendants Final Affirmative Designations filed by Actavis LLC and other defendants (Attachments: #1 Exhibit Demetra Designations, #2 Exhibit Carr Designations, #3 Exhibit Garner Designations, #4 Exhibit Gilson Designations, #5 Exhibit Griffin Designations, #6 Exhibit Gutierrez Designations, #7 Exhibit Harper-Avilla Designations, #8 Exhibit Howard Designations, #9 Exhibit Johnson Designations, #10 Exhibit Kennan Designations, #11 Exhibit Mapes Designations, #12 Exhibit Martin Designations, #13 Exhibit Nelsen Designations, #14 Exhibit Prevoznik Designations, #15 Exhibit Rannazzisi Designations, #16 Exhibit Rideout Designations, #17 Exhibit Saros Designations, #18 Exhibit Shannon Designations, #19 Exhibit Strait Designations, #20 Exhibit Woods Designations, #21 Exhibit Wright Designations)(Hobart, Geoffrey)
October 10, 2019 Filing 2781 Witness List Plaintiffs' Opposition to Teva, Cephalon and Actavis Objections to Plaintiffs Live Stream Witnesses filed by County of Cuyahoga, County of Summit, Ohio. (Hanly, Paul)
October 10, 2019 Filing 2780 Teva Defendants' Supplemental Affirmative Deposition Designations filed by Actavis LLC, Cephalon, Inc., Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Exhibit A (Supplemental Affirmative Designations))(Reed, Steven)
October 10, 2019 Filing 2779 Deposition of Walgreen's Affirmative Deposition Designations filed by Walgreen Co.. (Attachments: #1 Exhibit A - Deborah Bish)(Stoffelmayr, Kaspar)
October 10, 2019 Filing 2778 Non-Appeal Transcript Order Form for proceedings held on 10/11/2019 and Trial before Judge Dan Aaron Polster, Court Reporter: Donnalee Cotone. Requested completion date: Daily filed by Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.. (Morris, Sean)
October 10, 2019 Filing 2777 Expedited Non-Appeal Transcript Order Form for proceedings held on October 15, 2019 to end of trial before Judge Polster, Court Reporter: Donnalee Cotone. Requested completion date: Expedited filed by Cardinal Health, Inc.. (Pyser, Steven)
October 10, 2019 Filing 2776 Certain Defendants' Affirmative Deposition Designations and Partial Response to Plaintiffs' Witness List Objections filed by Walgreen Co.. Related document(s) #2749 . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Stoffelmayr, Kaspar)
October 10, 2019 Filing 2775 Deposition of McKesson's Final Affirmative Deposition Designations filed by McKesson Corporation. (Attachments: #1 Exhibit A)(Hobart, Geoffrey)
October 10, 2019 Filing 2774 Proposed Order Dismissing Johnson & Johnson filed by County of Cuyahoga, County of Summit, Ohio. (Badala, Salvatore)
October 10, 2019 Filing 2773 Witness List Cardinal Health's Final Affirmative Deposition Testimony Designations filed by Cardinal Health, Inc.. (Attachments: #1 Exhibit 1 -- Eric Brantley, #2 Exhibit 2 -- Steven Reardon)(Hardin, Ashley)
October 10, 2019 Filing 2772 Walgreens' Response to Plaintiffs' Witness Objections filed by Walgreen Co.. Related document(s) #2749 . (Attachments: #1 Exhibit 1 (Plts' Responses to Amended DR12 Supp. Rogs), #2 Exhibit 2 (Walgreens' 2nd Amended Objections and Responses to Plts' 1st Rogs), #3 Exhibit 3 (Shkolnik 10/9/19 letter to SM Cohen), #4 Exhibit 4 (Plts' 10/7/19 RFP)) (Stoffelmayr, Kaspar)
October 10, 2019 Filing 2771 Witness List Plaintiffs' Affirmative Deposition Designations filed by County of Cuyahoga, County of Summit, Ohio. (Hanly, Paul)