Muscogee (Creek) Nation v. Purdue Pharma L.P. et al
| Muscogee (Creek) Nation |
| McKesson Corporation, Anda, Inc., Purdue Pharma L.P., Couch Pharmacy on Sheridan, Anda Pharmaceuticals, Inc., Pharmacy Buying Association, Amneal Pharmaceuticals of New York, LLC, Walgreens Boots Alliance Inc., Olympia Pharmacy, Amneal Pharmaceuticals LLC, Ernie's Pharmacy & Wellness Center, Inc., Teva Pharmaceuticals USA, Inc., Endo Pharmaceuticals Inc., May's Drug Store, Actavis LLC, Med-Econ Drug, Inc., City Drug of Coweta, Inc., Omnicare Distribution Center LLC, Purdue Frederick Company, Freeland Brown Pharmacy, Allergan Finance LLC, Actavis Pharma, Inc., Drug Warehouse, Watson Laboratories, Inc., Walgreen Co., Oklahoma CVS Pharmacy, LLC, Harvard Drug Group, L.L.C., Spoon Drugs, Inc., Pippenger Pharmacies LLC, Smith Drug Company, Rogers Drug Co., Inc., Cardinal Health Inc., GCP Pharma LLC, Economy Discount Pharmacy, AmerisourceBergen Corporation, Cardinal Health 110, LLC, Endo Health Solutions Inc., Gaddy Discount Drug, Inc., Wal-Mart Stores Inc., Med-X Corporation, H.D. Smith LLC, AmerisourceBergen Drug Corporation, Economy Pharmacy, Inc., CVS Health Corporation, KVK-Tech, Inc., Langsam Health Services, LLC, Getman Apothecary Shoppe, Inc., Economy Pharmacy Express, Reasor's LLC, Manufacturer Defendants, SAJ Distributors, Morris & Dickson Co LLC, Cityplex Pharmacy, Carefirst Pharmacy, Purdue Pharma Inc., Amneal Pharmaceuticals, Inc., CVS Pharmacy, Inc., City Drug Co. and M & D Star Drug, Inc. |
| 1:2018op45459 |
| April 26, 2018 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Out Of State |
| Dan Aaron Polster (MDL 2804) |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1331 Fed. Question: Review Agency Decision |
| Both |
Docket Report
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| Document Text |
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| Filing 182 Notice of Withdrawal of Steven W. Simcoe filed by Carefirst Pharmacy, City Drug Co., City Drug of Coweta, Inc., Economy Pharmacy, Inc., Ernie's Pharmacy & Wellness Center, Inc., Freeland Brown Pharmacy, GCP Pharma LLC, Gaddy Discount Drug, Inc., M & D Star Drug, Inc., Med-Econ Drug, Inc., Pippenger Pharmacies LLC, Reasor's LLC, Spoon Drugs, Inc.. (Free, Matthew) |
| Filing 181 NOTICE OF WITHDRAWAL AS COUNSEL filed by Muscogee (Creek) Nation. (Rush, Michael) |
| Filing 180 Attorney Appearance by Martin F. Cunniff filed on behalf of Muscogee (Creek) Nation. (P,R) |
| Filing 179 Answer to #2 Complaint with Jury Demand and Affirmative Defenses filed by Morris & Dickson Co LLC. (Spruiell, Frank) |
| Filing 178 First Amended Answer to #19 Amended complaint,,,,,,,,,,,, filed by Amneal Pharmaceuticals of New York, LLC. (Benoit, Sarah) |
| Filing 177 First Amended Answer to #19 Amended complaint,,,,,,,,,,,, filed by Amneal Pharmaceuticals LLC. (Benoit, Sarah) |
| Filing 176 First Amended Answer to #19 Amended complaint and Affirmative Defenses filed by KVK-Tech, Inc. (Rice, Thomas) |
| Filing 175 Amended Answer to Complaint with Jury Demand Amended Answer to Plaintiff's First Amended Complaint filed by CVS Pharmacy, Inc., Oklahoma CVS Pharmacy, LLC, Omnicare Distribution Center LLC. (Delinsky, Eric) |
| Filing 174 Notice of Filing of Corrected Answer filed by Harvard Drug Group, L.L.C.. (Attachments: #1 Corrected Answer to Muscogee (Creek) Nation's First Amended Complaint)Related document(s) #137 .(Hardin, Ashley) |
| Filing 173 Notice of Filing of Corrected Answer to Muscogee (Creek) Nation's First Amended Complaint filed by Cardinal Health 110, LLC, Cardinal Health Inc.. (Attachments: #1 Corrected Answer to Muscogee (Creek) Nation's First Amended Complaint)Related document(s) #136 .(Hardin, Ashley) |
| Filing 172 Answer to Plaintiff's First Amended Complaint filed by Endo Health Solutions Inc., Endo Pharmaceuticals Inc.. Related document(s) #19 . (Morris, Sean) |
| Filing 171 Answer to Complaint with Jury Demand filed by Cityplex Pharmacy. (Streza, Ralph) |
| Filing 170 Attorney Appearance by Ralph Streza filed by on behalf of Cityplex Pharmacy. (Streza, Ralph) |
| Filing 169 Answer to First Amended Complaint (Doc 731) filed by Olympia Pharmacy. (McGough, Jim) |
| Filing 168 Answer to the Muscogee Creek Nation's First Amended Complaint filed by Pharmacy Buying Association. Related document(s) #19 . (Fries, Brian) |
| Filing 167 Answer to Plaintiff's First Amended Complaint with Jury Demand filed by Allergan Finance, LLC. Related document(s) #19 . (Welch, Donna) |
| Filing 166 Answer to the Muscogee Creek Nation's First Amended Complaint filed by Amneal Pharmaceuticals LLC. Related document(s) #19 . (Benoit, Sarah) |
| Filing 165 Answer to the Muscogee Creek Nation's First Amended Complaint filed by Amneal Pharmaceuticals of New York, LLC. Related document(s) #19 . (Benoit, Sarah) |
| Filing 164 Answer to First Amended Complaint with Affirmative Defenses filed by Smith Drug Company. Related document(s) #19 . (Haggerty, John) |
| Filing 163 Attorney Appearance by John J. Haggerty filed by on behalf of Smith Drug Company. (Haggerty, John) |
| Filing 162 Answer to #2 Complaint with Jury Demand Answer to Plaintiff's First Amended Complaint filed by Teva Pharmaceuticals USA, Inc.. (Reed, Steven) |
| Filing 161 Answer to #2 Complaint with Jury Demand Answer to Plaintiff's First Amended Complaint filed by Actavis LLC, Actavis Pharma, Inc., Watson Laboratories, Inc.. (Reed, Steven) |
| Filing 160 Attorney Appearance by Kathleen L. Matsoukas filed by on behalf of H.D. Smith LLC. (Matsoukas, Kathleen) |
| Filing 159 Answer to Plaintiff's First Amended Complaint and Affirmative Defenses filed by H.D. Smith LLC. Related document(s) #19 . (Padgett, William) |
| Filing 158 Answer to #2 Complaint with Jury Demand and with Affiirmative Defenses filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation. (Nicholas, Robert) |
| Filing 157 Corporate Disclosure Statement identifying Corporate Parent AmerisourceBergen Corporation for H.D. Smith LLC filed by H.D. Smith LLC. (Padgett, William) |
| Filing 156 Attorney Appearance by William E. Padgett filed by on behalf of H.D. Smith LLC. (Padgett, William) |
| Filing 155 Answer to #2 Complaint with Jury Demand filed by Reasor's LLC. (Simcoe, Steven) |
| Filing 154 Answer to #2 Complaint with Jury Demand filed by Spoon Drugs, Inc.. (Simcoe, Steven) |
| Filing 153 Answer to #2 Complaint with Jury Demand filed by City Drug Co., City Drug of Coweta, Inc.. (Simcoe, Steven) |
| Filing 152 Answer to #2 Complaint with Jury Demand filed by Gaddy Discount Drug, Inc.. (Simcoe, Steven) |
| Filing 151 Answer to #2 Complaint with Jury Demand filed by M & D Star Drug, Inc.. (Simcoe, Steven) |
| Filing 150 Answer to #2 Complaint with Jury Demand filed by Med-Econ Drug, Inc.. (Simcoe, Steven) |
| Filing 149 Answer to #2 Complaint with Jury Demand filed by Carefirst Pharmacy. (Simcoe, Steven) |
| Filing 148 Answer to Complaint to Plaintiff's First Amended Complaint filed by Walgreen Co.. (Stoffelmayr, Kaspar) |
| Filing 147 Answer to #2 Complaint with Jury Demand filed by Ernie's Pharmacy & Wellness Center, Inc.. (Simcoe, Steven) |
| Filing 146 Answer to #2 Complaint with Jury Demand filed by Freeland Brown Pharmacy. (Simcoe, Steven) |
| Filing 145 Answer to #2 Complaint with Jury Demand filed by Economy Discount Pharmacy, Economy Pharmacy Express, Economy Pharmacy, Inc.. (Simcoe, Steven) |
| Filing 144 Answer to Complaint with Jury Demand Answer to Plaintiff's First Amended Complaint filed by CVS Pharmacy, Inc., Oklahoma CVS Pharmacy, LLC. (Delinsky, Eric) |
| Filing 143 Answer to #2 Complaint with Jury Demand filed by Pippenger Pharmacies LLC. (Simcoe, Steven) |
| Filing 142 Answer to #2 Complaint with Jury Demand filed by GCP Pharma LLC. (Simcoe, Steven) |
| Filing 141 Answer to Complaint with Jury Demand Answer to First Amended Complaint filed by Wal-Mart Stores Inc.. (Fumerton, Tara) |
| Filing 140 Answer to Complaint with Jury Demand filed by Anda Pharmaceuticals, Inc., Anda, Inc.. (Matthews, James) |
| Filing 139 Answer to #2 Complaint with Jury Demand and Affirmative Defenses to Amended Complaint filed by KVK-Tech, Inc.. (Rice, Thomas) |
| Filing 138 Answer Defendant McKesson Corporation's Answer and Affirmative Defenses filed by McKesson Corporation. (Hobart, Geoffrey) |
| Filing 137 Answer to Complaint with Jury Demand to First Amended Complaint of Muscogee Creek Nation filed by Harvard Drug Group, L.L.C.. (Hardin, Ashley) |
| Filing 136 Answer to Complaint with Jury Demand to First Amended Complaint of Muscogee Creek Nation filed by Cardinal Health 110, LLC, Cardinal Health Inc.. (Hardin, Ashley) |
| Filing 135 Answer and Affirmative Defenses of Defendant NRF, Inc. d/b/a Couch Pharmacy to Plaintiff's First Amended Complaint Answer to Complaint with Jury Demand filed by Couch Pharmacy on Sheridan. (Papp, Edward) |
| Filing 134 Answer to Complaint with Jury Demand (Answer of Defendant Rogers Drug Co., Inc. to the First Amended Complaint (Doc. 731) (Trial by Jury Demanded)) filed by Rogers Drug Co., Inc.. (O'Brien, Gregory) |
| Filing 133 Attorney Appearance by Katherine S. Davies filed on behalf of KVK-Tech, Inc. (P,R) |
| Filing 132 Attorney Appearance by Megan Sterchi Lammert filed by on behalf of KVK-Tech, Inc.. (Lammert, Megan) |
| Filing 131 Attorney Appearance by Jessica B. Cozart filed on behalf of KVK-Tech, Inc. (P,R) |
Order (non-document) - On July 5, 2019, the Court granted Manufacturer Defendants' Consent Motion for extension of time until July 26, 2019 to answer Complaints in Muscogee (Creek) Nation and the Blackfeet Tribe Actions.(Doc. No. 1810 ). In order to efficiently manage the pretrial proceedings in this MDL, the Court prefers to keep the deadlines for answers from all named defendants in these two actions the same. Therefore, the Court Orders that all named defendants in Muscogee (Creek) Nation v. Purdue Pharma L.P., et al., Case No. 1:18-op-45459 and The Blackfeet Tribe of the Blackfeet Indian Reservation v. AmerisourceBergen Drug Corporations, et al., Case No. 1:18-op-45749 shall have until July 26, 2019 to answer complaints in the Muscogee (Creek) Nation and the Blackfeet Tribe actions. Judge Dan Aaron Polster on 7/9/19. (P,R)
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| Filing 130 Consent Motion for extension of time until July 26, 2019 to answer Complaint filed by Amneal Pharmaceuticals LLC, Amneal Pharmaceuticals of New York, LLC, KVK-Tech, Inc.. (Rice, Thomas) |
| Filing 129 Attorney Appearance by Lisa A. Larkin filed by behalf of KVK-Tech, Inc. (P,R) |
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Order [non-document] granting #128 Manufacturing Defendants' Motion for Extension of Time until 7/26/19 to Answer. Judge Dan Aaron Polster on 7/8/19.(P,R)
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| Filing 128 Motion for extension of time until July 26, 2019 to answer Complaints in Muscogee (Creek) Nation and the Blackfeet Tribe Actions filed by Defendant Manufacturer Defendants. (Attachments: #1 Proposed Order)(Rendon, Carole) |
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Filing 127
Order - Defendants' answers due by 12:00 PM on 7/11/19. Judge Dan Aaron Polster on 6/24/19. (P,R)
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| Filing 126 Attorney Appearance by Steven W. Simcoe filed by on behalf of Economy Pharmacy, Inc.. (Simcoe, Steven) |
| Filing 125 Attorney Appearance by Benjamin D. Reed filed by on behalf of Economy Pharmacy, Inc.. (Reed, Benjamin) |
| Filing 124 Attorney Appearance by Sean H. McKee filed by on behalf of Economy Pharmacy, Inc.. (McKee, Sean) |
| Filing 123 Attorney Appearance by Matthew B. Free filed by on behalf of Economy Pharmacy, Inc.. (Free, Matthew) |
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Filing 122
Opinion and Order re #109 Report and Recommendation. Signed by Judge Dan Aaron Polster on 6/13/2019. (W,CM)
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| Filing 121 Notice of Withdrawal of Counsel on behalf of Economy Pharmacy, Inc. filed by Economy Discount Pharmacy. (McDonald, C.) |
| Filing 120 First Attorney Appearance by Jim C. McGough filed by on behalf of Olympia Pharmacy. (McGough, Jim) |
| Filing 119 Attorney Appearance by Jim McGough filed on behalf of Olympia Pharmacy. (P,R) |
| Filing 118 Notice by David C. Youll to withdraw as attorney filed by Defendant Olympia Pharmacy. (Youll, David) Modified on 5/22/2019 (P,R). |
| Filing 117 Response to Defendants' Objections to Report and Recommendation of Magistrate Judge David A. Ruiz filed by Muscogee (Creek) Nation. (Ulrich, Tyler) |
| Filing 116 Attorney Appearance by Tyler Ulrich filed by on behalf of Muscogee (Creek) Nation. (Ulrich, Tyler) |
| Filing 115 Objection to Report and Recommendation filed by Actavis LLC, Actavis Pharma, Inc., Allergan Finance LLC, Amneal Pharmaceuticals LLC, Amneal Pharmaceuticals of New York, LLC, KVK-Tech, Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. Related document(s) #109 . (Rice, Thomas) |
| Filing 114 Objection to Report and Recommendation filed by Actavis LLC, Actavis Pharma, Inc., Allergan Finance LLC, Endo Health Solutions Inc., Endo Pharmaceuticals Inc., Purdue Frederick Company, Purdue Pharma Inc., Purdue Pharma L.P., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. Related document(s) #109 . (Attachments: #1 Exhibit A) (Stern, Jonathan) |
| Filing 113 Objection to Report and Recommendation Regarding Motion to Dismiss First Amended Complaint by Pharmacy Defendants filed by Walgreen Co.. Related document(s) #109 . (Stoffelmayr, Kaspar) |
| Filing 112 Objection to Report and Recommendation of Distributors Regarding Motion to Dismiss Muscogee (Creek) Nation's First Amended Complaint filed by Cardinal Health Inc.. Related document(s) #109 . (Hardin, Ashley) |
| Filing 111 Attorney Appearance by Mark H. Lynch filed by on behalf of McKesson Corporation. (Lynch, Mark) |
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Filing 110
Order granting Plaintiff's Motion for leave and Motion to substitute parties (Related Doc #83 ), and denying as moot Amneal's Motion to dismiss for lack of jurisdiction. (Related Doc #50 ). Magistrate Judge David A. Ruiz on 4/12/19.(P,R)
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Order [non-document] clarifying the objection language in the Report and Recommendations (R&Rs) issued by Magistrate Judge Ruiz on April 1, 2019. (ECF Nos. #109 ). Both R&Rs include instructions regarding the filing of objections, and state that the PEC shall file a single document addressing objections common to all plaintiffs. With respect to these R&Rs, the court intended the PEC to include Plaintiffs Executive Committee, Plaintiffs Tribal Leadership Committee as well as the individual tribal plaintiff in their respective case (i.e. Muscogee (Creek) nation or Blackfeet tribe), all of whom should work together to file a single document addressing all relevant objections and, to the extent necessary, responses.. Magistrate Judge David A. Ruiz on 4/12/19. (P,R)
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| Filing 109 Report and Recommendation that the Manufacturer, Distributor, Pharmacy, and Generic Manufacturing Defendants' separate Motions to Dismiss ( #49 , #51 , #55 , #52 , #56 , #79 , #80 , #100 ) be GRANTED in part and DENIED in part. Objections to Report & Recommendation due by 4/29/2019. Responses due by 5/9/2019. Magistrate Judge David A. Ruiz on 4/1/2019 (P,R) |
| Filing 108 Notice of Withdrawal as counsel of Kelly Calder Mowen for Freeland Brown Pharmacy. (P,R) |
| Filing 107 Notice of Withdrawal as counsel of Edward A. Smallwood for Freeland Brown Pharmacy. (P,R) |
| Filing 106 Notice of Filing Supplemental Authority filed by Actavis LLC, Actavis Pharma, Inc., Allergan Finance LLC, Amneal Pharmaceuticals, Inc., KVK-Tech, Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (Attachments: #1 Exhibit A-Allen Dismissal Order)(Reed, Steven) |
| Filing 105 Notice of Withdrawal filed by Muscogee (Creek) Nation. (Hudson, Jenna) |
| Filing 104 Response to #103 Plaintiff's Motion Correct Clerical Error filed by Cardinal Health 110, LLC, Cardinal Health Inc. (Hardin, Ashley) |
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Order [non-document] - Plaintiffs Motion to Correct Clerical Error (R. #103 ) is hereby GRANTED. Accordingly, the order attached to Plaintiffs Motion to Correct Clerical Error is accepted as the substituted Exhibit L to Plaintiffs Consolidated Opposition to Defendants Motions to Dismiss the Nations First Amended Complaint, (R. #84 ). Magistrate Judge David A. Ruiz on 12/4/18.(P,R)
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| Filing 103 Motion Correct Clerical Error filed by Plaintiff Muscogee (Creek) Nation. Related document(s) #84 . (Attachments: #1 Exhibit L - Okla. State v. R.J. Reynolds MTD Order/Opinion, #2 Proposed Order Correct Clerical Error)(Hudson, Jenna) |
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Order [non-document] granting Plaintiff's Motion for leave to File Motion to Correct Clerical Error (Related Doc #101 ). Magistrate Judge David A. Ruiz on 11/28/18.(P,R)
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| Filing 102 Opposition to #100 Olympia Pharmacy's Motion to dismiss filed by Muscogee (Creek) Nation. (Hudson, Jenna) Modified on 11/8/2018 (P,R). |
| Filing 101 Motion for leave to File Motion to Correct Clerical Error filed by Plaintiff Muscogee (Creek) Nation. Related document(s) #84 . (Attachments: #1 Exhibit A - Proposed Motion to Correct Clerical Error, #2 Exhibit B - Proposed Order)(Hudson, Jenna) |
| Filing 100 Motion to dismiss filed by Defendant Olympia Pharmacy. Related document(s) #52 . (Youll, David) Modified on 11/8/2018 (P,R). |
| Filing 99 Corporate Disclosure Statement filed by Olympia Pharmacy. (Youll, David) |
| Filing 98 Reply in support of #55 Motion to dismiss (Generic Defendants) Plaintiff's First Amended Complaint filed by Actavis LLC, Actavis Pharma, Inc., Allergan Finance LLC, Amneal Pharmaceuticals, Inc., KVK-Tech, Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (Reed, Steven) |
| Filing 97 Reply in support of #56 Motion to dismiss for failure to state a claim filed by Endo Health Solutions Inc., Endo Pharmaceuticals Inc.. (Attachments: #1 Declaration of Sean Morris In Support of Reply Brief, #2 Exhibit A People of the State of Cal. v. A Purdue Pharma L.P., et al.)(Stern, Jonathan) |
| Filing 96 Reply in support of #52 Motion to dismiss First Amended Complaint by Defendants CareFirst Pharmacy, City Drug, Cityplex Pharmacy, Couch Pharmacy, CVS, Economy Pharmacy, Ernie's Pharmacy, Freeland Brown Pharmacy, Gaddy Discount Drug, M&D Star Drug, Med-Econ Drug , Olympia Pharmacy, Ominicare, Pippenger Pharmacies, Reasor's, Roger's Drug Co., Spoon Drugs, Walgreens, and Walmart filed by Walgreen Co.. (Stoffelmayr, Kaspar) |
| Filing 95 Reply in support of #49 Motion to dismiss for failure to state a claim Distributors' Motion to Dismiss First Amended Complaint filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Cardinal Health 110, LLC, Cardinal Health Inc., McKesson Corporation. (Attachments: #1 Exhibit Defs. Joint Mot. to Dismiss for Failure to State a Claim in State of Oklahoma ex rel. Hunter v. Purdue Pharma L.P.)(Hardin, Ashley) |
| Filing 94 Reply in support of #50 Motion to dismiss for lack of jurisdiction filed by Amneal Pharmaceuticals, Inc.. (Cosgrove, Paul) |
| Filing 93 Corporate Disclosure Statement filed by KVK-Tech, Inc.. (Rice, Thomas) |
| Filing 92 Attorney Appearance by Thomas E. Rice, Jr filed by on behalf of KVK-Tech, Inc.. (Rice, Thomas) |
| Filing 91 Attorney Appearance by Edward A. Smallwood, II filed by on behalf of Freeland Brown Pharmacy. (Smallwood, Edward) |
| Filing 90 Attorney Appearance by Kelly Calder Mowen filed by on behalf of Freeland Brown Pharmacy. (Mowen, Kelly) |
| Filing 89 Reply in support of #83 Motion for leave to File Motion Substituting Amneal Defendants filed by Muscogee (Creek) Nation. (Hudson, Jenna) |
| Filing 88 Response to #83 Motion for leave to File Motion Substituting Amneal Defendants filed by Amneal Pharmaceuticals, Inc.. (Cosgrove, Paul) |
| Filing 87 Attorney Appearance by David C. Youll filed on behalf of Olympia Pharmacy. (B,R) |
| Filing 86 Marginal Entry Order granting Plaintiff's Motion to dismiss Walgreens Boots Alliance Inc. (Related Doc #82 ). In addition, the motion to dismiss for lack of personal jurisdiction filed by Defendant Walgreens Boots Alliance, Inc. on August 31, 2018 (ECF No. #48 ) is hereby rendered moot. Magistrate Judge David A. Ruiz on 10/5/18.(P,R) |
| Filing 85 Marginal Entry Order granting Plaintiff's Motion to dismiss CVS Health Corporation. (Related Doc #81 ). In addition, the motion to dismiss for lack of personal jurisdiction filed by Defendant CVS Health Corp. on August 31, 2018 (ECF No. #43 ) is hereby rendered moot. Magistrate Judge David A. Ruiz on 10/5/18.(P,R) |
| Filing 84 Opposition to #51 Motion to dismiss for failure to state a claim Motion To Dismiss First Amended Complaint, #80 Motion to dismiss , #52 Motion to dismiss First Amended Complaint by Defendants CareFirst Pharmacy, City Drug, Cityplex Pharmacy, Couch Pharmacy, CVS, Economy Pharmacy, Ernie's Pharmacy, Freeland Brown Pharmacy, Gaddy Discount Drug, M&D Star Drug, Med-Econ Drug, #56 Motion to dismiss for failure to state a claim , #79 Motion to dismiss for failure to state a claim , #49 Motion to dismiss for failure to state a claim Distributors' Motion to Dismiss First Amended Complaint, #55 Motion to dismiss (Generic Defendants) Plaintiff's First Amended Complaint, #50 Motion to dismiss for lack of jurisdiction , #43 Motion to dismiss First Amended Complaint For Lack of Personal Jurisdiction, #48 Motion to dismiss First Amended Complaint for Lack of Personal Jurisdiction filed by All Plaintiffs. (Attachments: #1 Exhibit A - Index of Defendants' Arguments, #2 Exhibit B - Index of Holdings by Other Courts, #3 Exhibit C - Okla. MTD Order/Opinion, #4 Exhibit D - N.H. MTD Order/Opinion, #5 Exhibit E - O.H. MTD Order/Opinion, #6 Exhibit F - Alaska MTD Order/Opinion, #7 Exhibit G - N.Y. Counties MTD Order/Opinion, #8 Exhibit H - WA. MTD Order/Opinion, #9 Exhibit I - Mo. MTD Order/Opinion, #10 Exhibit J - WV I MTD Order/Opinion, #11 Exhibit K - W.V. II MTD Order/Opinion, #12 Exhibit L - Okla. State v. R.J. Reynolds MTD Order/Opinion)(Hudson, Jenna) |
| Filing 83 Motion for leave to File Motion Substituting Amneal Defendants filed by Plaintiff Muscogee (Creek) Nation. (Attachments: #1 Exhibit A - Proposed Motion to Substitute, #2 Exhibit B - Proposed Order)(Hudson, Jenna) |
| Filing 82 Unopposed Motion to dismiss party Walgreens Boots Alliance, Inc. filed by Plaintiff Muscogee (Creek) Nation. (Hudson, Jenna) |
| Filing 81 Unopposed Motion to dismiss party CVS Health Corporation filed by Plaintiff Muscogee (Creek) Nation. (Hudson, Jenna) |
| Filing 80 Motion to dismiss filed by Defendant Morris & Dickson Co LLC. Related document(s) #49 . (Attachments: #1 Proposed Order Proposed Order to Motion to Dismiss)(Spruiell, Frank) |
| Filing 79 Motion to dismiss for failure to state a claim filed by Defendant GCP Pharma LLC. Related document(s) #49 . (Simcoe, Steven) |
| Filing 78 Corporate Disclosure Statement filed by GCP Pharma LLC. (Simcoe, Steven) |
| Filing 77 Attorney Appearance by Steven W. Simcoe filed by on behalf of GCP Pharma LLC. (Simcoe, Steven) |
| Filing 76 Attorney Appearance by Sean H. McKee filed by on behalf of GCP Pharma LLC. (McKee, Sean) |
| Filing 75 Attorney Appearance by Matthew B. Free filed by on behalf of GCP Pharma LLC. (Free, Matthew) |
| Filing 74 Attorney Appearance by Benjamin D. Reed filed by on behalf of GCP Pharma LLC. (Reed, Benjamin) |
| Filing 73 Corporate Disclosure Statement identifying Corporate Parent Cardinal Health, Inc. for Cardinal Health 110, LLC filed by Cardinal Health 110, LLC. (Pyser, Steven) |
| Filing 72 Corporate Disclosure Statement filed by Cardinal Health Inc.. (Pyser, Steven) |
| Filing 71 Corporate Disclosure Statement identifying Other Affiliate Walgreens Boots Alliance Holdings LLC for AmerisourceBergen Corporation filed by AmerisourceBergen Corporation. (Zerrusen, Sandra) |
| Filing 70 Corporate Disclosure Statement filed by Amneal Pharmaceuticals, Inc.. (Cosgrove, Paul) |
| Filing 69 Corporate Disclosure Statement filed by City Drug Co.. (Free, Matthew) |
| Filing 68 Corporate Disclosure Statement filed by City Drug of Coweta, Inc.. (Free, Matthew) |
| Filing 67 Corporate Disclosure Statement filed by Freeland Brown Pharmacy. (Free, Matthew) |
| Filing 66 Corporate Disclosure Statement filed by Reasor's LLC. (Free, Matthew) |
| Filing 65 Corporate Disclosure Statement filed by Spoon Drugs, Inc.. (Free, Matthew) |
| Filing 64 Corporate Disclosure Statement filed by Med-Econ Drug, Inc.. (Free, Matthew) |
| Filing 63 Corporate Disclosure Statement filed by M & D Star Drug, Inc.. (Free, Matthew) |
| Filing 62 Corporate Disclosure Statement filed by Ernie's Pharmacy & Wellness Center, Inc.. (Free, Matthew) |
| Filing 61 Corporate Disclosure Statement filed by Gaddy Discount Drug, Inc.. (Free, Matthew) |
| Filing 60 Corporate Disclosure Statement filed by Carefirst Pharmacy. (Free, Matthew) |
| Filing 59 Corporate Disclosure Statement filed by Pippenger Pharmacies LLC. (Free, Matthew) |
| Filing 58 Corporate Disclosure Statement filed by Economy Pharmacy, Inc.. (McDonald, C.) |
| Filing 57 Corporate Disclosure Statement filed by Pharmacy Buying Association. (Fries, Brian) |
| Filing 56 Joint Motion to dismiss for failure to state a claim filed by Endo Health Solutions Inc., Endo Pharmaceuticals Inc.. (Attachments: #1 Pleading Memorandum in Support of Motion to Dismiss, #2 Pleading Declaration of Sean Morris, #3 Exhibit A FDA Response, #4 Exhibit B Acoma Pueblo Memorandum, #5 Proposed Order)(Stern, Jonathan) . |
| Filing 55 Motion to dismiss (Generic Defendants) Plaintiff's First Amended Complaint filed by Actavis LLC, Actavis Pharma, Inc., Allergan Finance LLC, Amneal Pharmaceuticals, Inc., KVK-Tech, Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. Related document(s) #19 . (Attachments: #1 Brief in Support Memorandum of Law, #2 Proposed Order)(Reed, Steven) |
| Filing 54 Corporate Disclosure Statement identifying Corporate Parent Endo International plc for Endo Health Solutions Inc., Endo Pharmaceuticals Inc. filed by Endo Health Solutions Inc., Endo Pharmaceuticals Inc.. (Stern, Jonathan) |
| Filing 53 Corporate Disclosure Statement filed by Wal-Mart Stores Inc.. (Tabacchi, Tina) |
| Filing 52 Motion to dismiss First Amended Complaint by Defendants CareFirst Pharmacy, City Drug, Cityplex Pharmacy, Couch Pharmacy, CVS, Economy Pharmacy, Ernie's Pharmacy, Freeland Brown Pharmacy, Gaddy Discount Drug, M&D Star Drug, Med-Econ Drug, Omnicare, Pippenger Pharmacies, Reasor's, Rogers Drug Co., Spoon Drugs, Walgreens, and Walmart filed by Walgreen Co., Walgreens Boots Alliance Inc.. Related document(s) #19 . (Attachments: #1 Brief in Support Memorandum in Support of Motion to Dismiss First Amended Complaint)(Stoffelmayr, Kaspar) |
| Filing 51 Motion to dismiss for failure to state a claim Motion To Dismiss First Amended Complaint filed by Defendant Pharmacy Buying Association. Related document(s) #49 . (Fries, Brian) |
| Filing 50 Motion to dismiss for lack of jurisdiction filed by Defendant Amneal Pharmaceuticals, Inc.. Related document(s) #19 . (Attachments: #1 Exhibit Declaration of S.V. Hirt)(Cosgrove, Paul) |
| Filing 49 Motion to dismiss for failure to state a claim Distributors' Motion to Dismiss First Amended Complaint filed by AmerisourceBergen Corporation, AmerisourceBergen Drug Corporation, Cardinal Health 110, LLC, Cardinal Health Inc., McKesson Corporation. Related document(s) #19 . (Attachments: #1 Brief in Support Memorandum in Support of Distributors' Motion to Dismiss First Amended Complaint)(Hardin, Ashley) |
| Filing 48 Motion to dismiss First Amended Complaint for Lack of Personal Jurisdiction filed by Defendant Walgreens Boots Alliance Inc.. Related document(s) #19 . (Attachments: #1 Brief in Support Memorandum in Support of Motion to Dismiss for Lack of Personal Jurisdiction, #2 Exhibit A - Decl. or Mark Weisz)(Stoffelmayr, Kaspar) |
| Filing 47 Corporate Disclosure Statement filed by Walgreen Co.. (Stoffelmayr, Kaspar) |
| Filing 46 Attorney Appearance by Kaspar J. Stoffelmayr filed by on behalf of Walgreen Co.. (Stoffelmayr, Kaspar) |
| Filing 45 Corporate Disclosure Statement filed by Walgreens Boots Alliance Inc.. (Stoffelmayr, Kaspar) |
| Filing 44 Attorney Appearance by Kaspar J. Stoffelmayr filed by on behalf of Walgreens Boots Alliance Inc.. (Stoffelmayr, Kaspar) |
| Filing 43 Motion to dismiss First Amended Complaint For Lack of Personal Jurisdiction filed by Defendant CVS Health Corporation. (Attachments: #1 Brief in Support, #2 Exhibit)(Delinsky, Eric) |
| Filing 42 Corporate Disclosure Statement filed by CVS Health Corporation. (Delinsky, Eric) |
| Filing 41 Attorney Appearance by Eric R. Delinsky filed by on behalf of CVS Health Corporation. (Delinsky, Eric) |
| Filing 40 Corporate Disclosure Statement filed by CVS Pharmacy, Inc.. (Delinsky, Eric) |
| Filing 39 Attorney Appearance by Eric R. Delinsky filed by on behalf of CVS Pharmacy, Inc.. (Delinsky, Eric) |
| Filing 38 Corporate Disclosure Statement filed by Omnicare Distribution Center LLC. (Delinsky, Eric) |
| Filing 37 Attorney Appearance by Eric R. Delinsky filed by on behalf of Omnicare Distribution Center LLC. (Delinsky, Eric) |
| Filing 36 Corporate Disclosure Statement filed by Oklahoma CVS Pharmacy, LLC. (Delinsky, Eric) |
| Filing 35 Attorney Appearance by Eric R. Delinsky filed by on behalf of Oklahoma CVS Pharmacy, LLC. (Delinsky, Eric) |
| Filing 34 Corporate Disclosure Statement filed by Couch Pharmacy on Sheridan. (Papp, Edward) |
| Filing 33 Attorney Appearance by Steven W. Simcoe filed by on behalf of Carefirst Pharmacy, City Drug Co., City Drug of Coweta, Inc., Ernie's Pharmacy & Wellness Center, Inc., Freeland Brown Pharmacy, Gaddy Discount Drug, Inc., M & D Star Drug, Inc., Med-Econ Drug, Inc., Pippenger Pharmacies LLC, Reasor's LLC, Spoon Drugs, Inc. (B,R) |
| Filing 32 Attorney Appearance by Benjamin D. Reed filed by on behalf of Carefirst Pharmacy, City Drug Co., City Drug of Coweta, Inc., Ernie's Pharmacy & Wellness Center, Inc., Freeland Brown Pharmacy, Gaddy Discount Drug, Inc., M & D Star Drug, Inc., Med-Econ Drug, Inc., Pippenger Pharmacies LLC, Reasor's LLC, Spoon Drugs, Inc. (B,R) |
| Filing 31 Attorney Appearance by Sean H. McKee filed by on behalf of Carefirst Pharmacy, City Drug Co., City Drug of Coweta, Inc., Ernie's Pharmacy & Wellness Center, Inc., Freeland Brown Pharmacy, Gaddy Discount Drug, Inc., M & D Star Drug, Inc., Med-Econ Drug, Inc., Pippenger Pharmacies LLC, Reasor's LLC, Spoon Drugs, Inc.(B,R) |
| Filing 30 Attorney Appearance by C. Richard McDonald, Sr filed by on behalf of Economy Pharmacy, Inc.. (McDonald, C.) |
| Filing 29 Attorney Appearance by Matthew B. Free filed by on behalf of Carefirst Pharmacy, City Drug Co., City Drug of Coweta, Inc., Ernie's Pharmacy & Wellness Center, Inc., Freeland Brown Pharmacy, Gaddy Discount Drug, Inc., M & D Star Drug, Inc., Med-Econ Drug, Inc., Pippenger Pharmacies LLC, Reasor's LLC, Spoon Drugs, Inc.. (Free, Matthew) |
| Filing 28 Attorney Appearance by Brian C. Fries, Taryn A. Nash filed on behalf of Pharmacy Buying Association. (P,R) |
| Filing 27 Corporate Disclosure Statement filed by Cityplex Pharmacy. (Streza, Ralph) |
| Filing 26 Attorney Appearance by Ralph Streza filed by on behalf of Cityplex Pharmacy. (Streza, Ralph) |
| Filing 25 Attorney Appearance by Edward D. Papp Brian D. Kerns and William A. Peseski filed by on behalf of Couch Pharmacy on Sheridan. (Papp, Edward) |
| Filing 24 Attorney Appearance by Gregory E. O'Brien filed by on behalf of Rogers Drug Co., Inc.. (O'Brien, Gregory) |
| Filing 23 Attorney Appearance by Tina M. Tabacchi filed by on behalf of Wal-Mart Stores Inc.. (Tabacchi, Tina) |
| Filing 22 Attorney Appearance by Tara A. Fumerton filed by on behalf of Wal-Mart Stores Inc.. (Fumerton, Tara) |
| Filing 21 Original Summons issued to counsel for service upon All Defendants. (P,R) |
| Filing 20 Attorney Appearance by Lloyd B Miller , Donald J Simon and Whitney A Leonard filed by on behalf of Muscogee (Creek) Nation, The. (Miller, Lloyd) |
| Filing 19 First Amended complaint against Muscogee (Creek) Nation, The and adding new party defendant(s) Actavis LLC, Actavis Pharma, Inc., Allergan Finance LLC, AmerisourceBergen Drug Corporation, Amneal Pharmaceuticals, Inc., Anda Pharmaceuticals, Inc., Anda, Inc., Cardinal Health 110, LLC, Carefirst Pharmacy, Inc., City Drug Company, City Drug of Coweta, Inc., Cityplex Pharmacy, Inc., Couch Pharmacy on Sheridan, CVS Pharmacy Inc., Economy Discount Pharmacy, Economy Pharmacy Express, Economy Pharmacy, Inc., Ernie's Pharmacy & Wellness Center, Inc., Freeland-Brown Pharmacy, Inc., Gaddy Discount Drug, Inc., GCP Pharma LLC, Getman-Apothecary Shoppe, Inc., H.D.Smith, LLC, KVK TECH, Inc., Langsam Health Services, LLC, M & D Star Drug, Inc., May's Drug Stores, Inc., Med-Econ Drug, Inc., Med-X Corporation, Morris & Dickson Co., LLC, Oklahoma CVS Pharmacy, LLC, Olympia Pharmacy, Omnicare Distribution Center, LLC, Pharmacy Buying Association, Pippenger Pharmacies, L.L.C., Reasor's LLC, Rogers Drug Co. Inc., SAJ Distributors, Smith Drug Company, Spoon Drugs, Inc., TEVA Pharmaceuticals USA, Inc., The Drug Warehouse, The Harvard Drug Group, LLC, Walgreen Co., Watson Laboratories, Inc.. Filed by Muscogee (Creek) Nation, The. (Attachments: #1 Summons Actavis LLC, #2 Summons Actavis Pharma, Inc., #3 Summons Allergan Finance LLC, #4 Summons AmerisourceBergen Drug Corporation, #5 Summons Amneal Pharmaceuticals, Inc., #6 Summons Anda Pharmaceuticals, Inc., #7 Summons Anda, Inc., #8 Summons Cardinal Health 110, LLC, #9 Summons Carefirst Pharmacy, Inc., #10 Summons City Drug Company, #11 Summons City Drug of Coweta, Inc., #12 Summons Cityplex Pharmacy, Inc., #13 Summons Couch Pharmacy on Sheridan, #14 Summons CVS Pharmacy Inc., #15 Summons Economy Discount Pharmacy, #16 Summons Economy Pharmacy Express, #17 Summons Economy Pharmacy, Inc., #18 Summons Ernie's Pharmacy & Wellness Center, Inc., #19 Summons Freeland-Brown Pharmacy, Inc., #20 Summons Gaddy Discount Drug, Inc., #21 Summons GCP Pharma LLC, #22 Summons Getman-Apothecary Shoppe, Inc., #23 Summons H.D. Smith, LLC, #24 Summons KVK-TECH, Inc., #25 Summons Langsam Health Services, #26 Summons M & D Star Drug, Inc., #27 Summons May's Drug Stores, Inc., #28 Summons McKesson Corporation, #29 Summons Med-Econ Drug, Inc., #30 Summons Med-X Corporation, #31 Summons Morris & Dickson Co., LLC, #32 Summons Oklahoma CVS Pharmacy, LLC, #33 Summons Olympia Pharmacy, #34 Summons Omnicare Distribution Center, LLC, #35 Summons Pharmacy Buying Association, #36 Summons Pippenger Pharmacies, L.L.C., #37 Summons Reasor's LLC, #38 Summons Rogers Drug Co. Inc., #39 Summons SAJ Distributors, #40 Summons Smith Drug Company, #41 Summons Spoon Drugs, Inc., #42 Summons TEVA Pharmaceuticals USA, Inc., #43 Summons The Drug Warehouse, #44 Summons The Harvard Drug Group, LLC, #45 Summons Walgreen Co., #46 Summons Watson Laboratories, Inc.) (Callow, Joseph) |
| Filing 18 Attorney Appearance by Joseph M. Callow, Jr filed by on behalf of Muscogee (Creek) Nation, The. (Callow, Joseph) |
| Filing 17 CASE TRANSFERRED IN from District of Oklahoma Northern. Case number 4:18-cv-00180. Original file, certified copy of transfer order and docket sheet received. |
| ***Civil Case Terminated (see document number #16 ) (sac-qc, Dpty Clk) [Transferred from oknd on 4/26/2018.] |
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Filing 16
ORDER by Jeffery N Luthi, Clerk of the MDL Panel, transferring case (terminates case) (jln, Dpty Clk) [Transferred from oknd on 4/26/2018.]
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| Filing 15 ***Remark: Received Minute Order from MDL re: transferee clerk to transmit a certified copy of the Panel Order to transfer to the district court from which the action is being transferred. (jln, Dpty Clk) [Transferred from oknd on 4/26/2018.] |
| Filing 14 ***Remark: Received Conditional Transfer Order from MDL re: stay is lifted (jln, Dpty Clk) [Transferred from oknd on 4/26/2018.] |
| Filing 13 NOTICE of Change of Address by Whitney A Leonard by on behalf of Muscogee (Creek) Nation, The (Leonard, Whitney) [Transferred from oknd on 4/26/2018.] |
| Filing 12 CIVIL COVER SHEET by Muscogee (Creek) Nation, The (Weintraub, Adam) [Transferred from oknd on 4/26/2018.] |
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Filing 11
MINUTE ORDER by Judge James H Payne : granting plaintiff's motion as to Whitney Leonard provided that within 7 days they submit their CM/ECF Registration form pursuant to the Courts Administrative Guide ; granting #8 Motion for Admission Pro Hac Vice (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk) [Transferred from oknd on 4/26/2018.]
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Filing 10
MINUTE ORDER by Judge James H Payne : granting plaintiff's motion as to Donald Simon ; granting #7 Motion for Admission Pro Hac Vice (This entry is the Official Order of the Court. No document is attached.) (pll, Dpty Clk) [Transferred from oknd on 4/26/2018.]
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| Filing 9 SUMMONS Issued by Court Clerk as to All Defendants (sc, Dpty Clk) [Transferred from oknd on 4/26/2018.] |
| Filing 8 MOTION for Attorney(s) Whitney A. Leonard to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number 1085-1899355) by Muscogee (Creek) Nation, The (With attachments) (Weintraub, Adam) [Transferred from oknd on 4/26/2018.] |
| Filing 7 MOTION for Attorney(s) Donald J. Simon to be Admitted Pro Hac Vice (paid $50 PHV fee; receipt number 1085-1899340) by Muscogee (Creek) Nation, The (With attachments) (Weintraub, Adam) [Transferred from oknd on 4/26/2018.] |
| Filing 6 ATTORNEY APPEARANCE by Lloyd B Miller on behalf of Muscogee (Creek) Nation, The (Miller, Lloyd) [Transferred from oknd on 4/26/2018.] |
| Filing 5 ATTORNEY APPEARANCE by Terry Scott O'Donnell on behalf of Muscogee (Creek) Nation, The [Note: Attorney Terry Scott O'Donnell added to party Muscogee (Creek) Nation, The(pty:pla).] (O'Donnell, Terry) [Transferred from oknd on 4/26/2018.] |
| Filing 4 ATTORNEY APPEARANCE by Thomas Michael Affeldt on behalf of Muscogee (Creek) Nation, The [Note: Attorney Thomas Michael Affeldt added to party Muscogee (Creek) Nation, The(pty:pla).] (Affeldt, Thomas) [Transferred from oknd on 4/26/2018.] |
| Filing 3 ATTORNEY APPEARANCE by Adam Scott Weintraub on behalf of Muscogee (Creek) Nation, The (Weintraub, Adam) [Transferred from oknd on 4/26/2018.] |
| Filing 2 COMPLAINT with Jury Demand against All Defendants (paid $400 filing fee; receipt number 1085-1898173) by Muscogee (Creek) Nation, The (Weintraub, Adam) [Transferred from oknd on 4/26/2018.] |
| Filing 1 CIVIL COVER SHEET by Muscogee (Creek) Nation, The (Weintraub, Adam) [Transferred from oknd on 4/26/2018.] |
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