R D Burns v. Purdue Pharma L.P. et al
| R D BURNS |
| Janssen Pharmaceutica Inc., American Pain Society, Inc., Janssen Pharmaceuticals Inc., Endo Pharmaceuticals Inc., Purdue Pharma L.P., Endo Health Solutions Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Johnson and Johnson, Does 1 through 100, Inclusive, American Academy of Pain Medicine, Inc., Purdue Frederick Company, Inc., Purdue Pharma Inc., American Pain Foundation, Inc. and American Chronic Pain Association, Inc. |
| 1:2018op45934 |
| August 9, 2018 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Out Of State |
| Dan Aaron Polster (MDL 2804) |
| P.I.: Other |
| 28 U.S.C. § 1446 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2018. A more recent docket listing may be available from PACER.
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| Filing 40 Notice of Withdrawal of Attorney S. Albert Wang filed by Endo Health Solutions Inc., Endo Pharmaceuticals Inc.. (Morris, Sean) |
| Filing 39 CASE TRANSFERRED IN from District of California Central. Case number 8:18-cv-00745. Original file, certified copy of transfer order and docket sheet received. |
| Filing 38 Transfer Order from the United States Judicial Panel on Multidistrict Litigation, MDL 2804, transferring case to USDC, Northern District of Ohio and assigned to Honorable Dan A. Polster. Case transferred electronically. (MD JS-6. Case Terminated.) (gk) [Transferred from cacd on 8/9/2018.] |
Filing 37
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. Having received Plaintiff's proof of services #36 , that Order to Show Cause dated August 1, 2018 is DISCHARGED #35 . IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY [Transferred from cacd on 8/9/2018.]
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| Filing 36 RESPONSE filed by Plaintiff R D Burnsto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,, #35 PLAINTIFFS RESPONSE TO COURTS ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION (Burns, Robert) [Transferred from cacd on 8/9/2018.] |
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Filing 35
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee. In the present case, it appears that these time periods have not been met. Accordingly, the Court, on its own motion, orders plaintiff(s) to show cause in writing on or before August 15, 2018 why this action should not be dismissed as to defendants American Academy of Pain Medicine, Inc., American Pain Foundation, Inc., and The American Chronic Pain Association, Inc. for lack of prosecution. (lom) [Transferred from cacd on 8/9/2018.]
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Filing 34
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Plaintiff's Motion to Dismiss for Lack of Subject Matter Jurisdiction and Remand (Fed. R. Civ. P. 12(B)(1) #18 , Defendant American Pain Society, Inc.'s Motion to Dismiss to Plaintiff's Supplemental Complaint Pursuant to FRCP 12(b)(6) #21 , and Defendant American Pain Society, Inc.'s Special Motion to Strike Plaintiff's Supplemental Complaint as Strategic Lawsuit Against Public Participation Pursuant to C.C.P. 425.16 #22 presently scheduled for hearing on June 29, 2018, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motions are taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY [Transferred from cacd on 8/9/2018.]
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| Filing 33 REPLY in Support of to Dismiss Case #21 Motion to Dismiss Plaintiff's Supplemental Complaint [FRCP 12(b)(6)] filed by Defendant American Pain Society, Inc.. (Stewart, Meredith) [Transferred from cacd on 8/9/2018.] |
| Filing 32 REPLY in Support of to Strike #22 Motion to Strike Plaintiff's Supplemental Complaint as Strategic Lawsuit Against Public Participation [C.C.P. 425.16] filed by Defendant American Pain Society, Inc.. (Stewart, Meredith) [Transferred from cacd on 8/9/2018.] |
| Filing 31 REPLY support First NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #18 filed by Plaintiff R D Burns. (Burns, Robert) [Transferred from cacd on 8/9/2018.] |
| Filing 30 NOTICE INTERESTED PARTIES filed by plaintiff R D Burns. NOTICE OF INTERESTED PARTIES (Burns, Robert) [Transferred from cacd on 8/9/2018.] |
| Filing 29 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: to Strike #22 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > Strike. The filer used the event, Responses/Replies/Other Motion Related Documents > Memorandum in Support of Motion. Only a motion-type event will prompt the filer to calendar the hearing date. For this one time only, the clerk shall set the noticed hearing date of 6/29/2018 at 9:30 AM.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) [Transferred from cacd on 8/9/2018.] |
| Filing 28 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum in Support of Motion #21 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > Dismiss Case. The filer used the event, Responses/Replies/Other Motion Related Documents > Memorandum in Support of Motion. Only a motion-type event will prompt the filer to calendar the hearing date. For this one time only, the clerk shall set the noticed hearing date of 6/29/2018 at 9:30 AM. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) [Transferred from cacd on 8/9/2018.] |
| Filing 27 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #18 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) [Transferred from cacd on 8/9/2018.] |
| Filing 26 OPPOSITION in opposition re: First NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction #18 filed by Defendants Endo Health Solutions Inc, Endo Pharmaceuticals Inc. (Attachments: #1 Proposed Order)(Lombardo, John) [Transferred from cacd on 8/9/2018.] |
| Filing 25 OPPOSITION Plaintiff's Response in Opposition to Motion to Strike of Defendant American Pain Society Under Code of Civ. Proc. 425.16; Memorandum of Points and Authorities in Support filed by Plaintiff R D Burns. (Burns, Robert) [Transferred from cacd on 8/9/2018.] |
| Filing 24 OPPOSITION to Defendant American Pain Society Notice of Motion and Motion to Dismiss to Plaintiff' Supplemental Complaint Pursuant to FRCP 12(b)(6) filed by Plaintiff R D Burns. (Burns, Robert) [Transferred from cacd on 8/9/2018.] |
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Filing 23
ORDER RE STIPULATION TO EXTEND TIME FOR PURDUE, JANSSEN, JOHNSON & JOHNSON, AND ENDO DEFENDANTS TO RESPOND TO INITIAL COMPLAINT UNTIL AFTER RESOLUTION OF REMAND AND TRANSFER DISPUTES by Judge Dolly M. Gee: Upon Stipulation #20 , IT IS HEREBY ORDERED that: Stipulating Defendants Purdue Pharma L.P., Purdue Pharma Inc., The Purdue Frederick Co, Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc. n/k/a Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. n/k/a Janssen Pharmaceuticals, Inc., Endo Health Solutions Inc. and Endo Pharmaceuticals Inc.'s deadline to move to dismiss, answer, or otherwise respond to the Complaint shall be extended to 45 days after the later of: (1) this Court's ruling on Plaintiff's remand motion or (2) a determination by the JPML regarding transfer. Stipulating Defendants shall file their responses to the Complaint on or before such date. (gk) [Transferred from cacd on 8/9/2018.]
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| Filing 22 MEMORANDUM in Support Special Motion to Strike Plaintiff's Supplemental Complaint Pursuant to CCP 425.16 filed by Defendant American Pain Society, Inc.. (Attachments: #1 Declaration, #2 Declaration, #3 Declaration, #4 Request for Judicial Notice, #5 Proposed Order, #6 Certificate of Service)(Stewart, Meredith) Modified on 6/12/2018 (gk). [Transferred from cacd on 8/9/2018.] |
| Filing 21 MEMORANDUM in Support Motion to Dismiss filed by Defendant American Pain Society, Inc.. (Attachments: #1 Request for Judicial Notice, #2 Declaration, #3 Certificate of Service, #4 Proposed Order)(Stewart, Meredith) Modified on 6/12/2018 (gk). [Transferred from cacd on 8/9/2018.] |
| Filing 20 STIPULATION for Extension of Time to File Answer to 45 days after the later of: (1) this Courts ruling on Plaintiffs remand motion or (2) a determination by the JPML regarding transfer filed by Defendants Endo Health Solutions Inc, Endo Pharmaceuticals Inc. (Attachments: #1 Proposed Order)(Lombardo, John) [Transferred from cacd on 8/9/2018.] |
| Filing 19 Notice of Appearance or Withdrawal of Counsel: for attorney Robert David Burns counsel for Plaintiff R D Burns. Adding Robert David Burns as counsel of record for R D Burns for the reason indicated in the G-123 Notice. Filed by plaintiff R D Burns. (Burns, Robert) [Transferred from cacd on 8/9/2018.] |
| Filing 18 First NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by plaintiff R D Burns. Motion set for hearing on 6/29/2018 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Proposed Order) (Burns, Robert) [Transferred from cacd on 8/9/2018.] |
| Filing 17 NOTICE OF OPPOSITION (CTO-30) filed by Defendant American Pain Society, Inc.. (Stewart, Meredith) [Transferred from cacd on 8/9/2018.] |
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Filing 16
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti) [Transferred from cacd on 8/9/2018.]
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Filing 15
MINUTE (IN CHAMBERS) ORDER TRANSFER OF CASE TO JUDGE GEE by Judge Dolly M. Gee: Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United States District Judge, pursuant to the Order re Transfer Pursuant to General Order 16-05 filed on May 10, 2018. (See order for details.) (kti) [Transferred from cacd on 8/9/2018.]
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Filing 14
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: CV18-02201 DMG (ASx). Case transferred from Judge Cormac J. Carney and Magistrate Judge Karen E. Scott to Judge Dolly M. Gee and Magistrate Judge Alka Sagar for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV18-00745 DMG (ASx). Signed by Judge Dolly M. Gee (dro) [Transferred from cacd on 8/9/2018.]
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Filing 13
ORDER by Judge Cormac J. Carney: Granting Stipulation to Extend Time to Respond to Supplemental Complaint #8 , Defendant American Pain Society, Inc. answer due 5/29/2018 (mt) [Transferred from cacd on 8/9/2018.]
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| Filing 12 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance #10 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal G123. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) [Transferred from cacd on 8/9/2018.] |
| Filing 11 CERTIFICATE of Interested Parties filed by Defendant American Pain Society, Inc., identifying American Pain Society, Inc.. (Feldman, Ian) [Transferred from cacd on 8/9/2018.] |
| Filing 10 NOTICE of Appearance filed by attorney Ian R Feldman on behalf of Defendant American Pain Society, Inc. (Attorney Ian R Feldman added to party American Pain Society, Inc.(pty:dft))(Feldman, Ian) [Transferred from cacd on 8/9/2018.] |
| Filing 9 NOTICE OF SUPPLEMENT TO EXHIBIT 3 OF THE REMOVAL NOTICE filed by Defendants Endo Health Solutions Inc, Endo Pharmaceuticals Inc. (Lombardo, John) [Transferred from cacd on 8/9/2018.] |
| Filing 8 Joint STIPULATION for Extension of Time to File Answer to 5/29/18 filed by Defendant American Pain Society, Inc.. (Attachments: #1 Proposed Order)(Attorney Meredith Dawn Stewart added to party American Pain Society, Inc.(pty:dft))(Stewart, Meredith) [Transferred from cacd on 8/9/2018.] |
| Filing 7 STIPULATION Extending Time to Answer the complaint as to Endo Health Solutions Inc answer now due 6/4/2018; Endo Pharmaceuticals Inc answer now due 6/4/2018; Janssen Pharmaceutica, Inc. answer now due 6/4/2018; Janssen Pharmaceuticals, Inc. answer now due 6/4/2018; Johnson and Johnson answer now due 6/4/2018; Ortho-McNeil-Janssen Pharmaceuticals Inc answer now due 6/4/2018; Purdue Pharma Inc. answer now due 6/4/2018; Purdue Pharma L.P. answer now due 6/4/2018; The Purdue Frederick Company, Inc. answer now due 6/4/2018, re Complaint - (Discovery),, filed by Defendants Endo Health Solutions Inc; Endo Pharmaceuticals Inc.(Lombardo, John) [Transferred from cacd on 8/9/2018.] |
| Filing 5 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from cacd on 8/9/2018.] |
| Filing 4 NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Karen E. Scott. (car) [Transferred from cacd on 8/9/2018.] |
| CONFORMED COPY OF COMPLAINT against Defendants American Academy of Pain Medicine, Inc., American Pain Foundation, Inc., American Pain Society, Inc., Does 1-100, Inclusive, Endo Health Solutions Inc, Endo Pharmaceuticals Inc, Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson and Johnson, Ortho-McNeil-Janssen Pharmaceuticals Inc, Purdue Pharma Inc., Purdue Pharma L.P., The American Chronic Pain Association, Inc., The Purdue Frederick Company, Inc. Jury Demanded, filed by plaintiff R D Burns. Filed in State Court on 3/27/18 Submitted with Attachment 1 to Notice of Removal #1 (car) [Transferred from cacd on 8/9/2018.] |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Defendants Endo Health Solutions Inc, Endo Pharmaceuticals Inc identifying Endo International plc as Corporate Parent. (Attachments: #1 Certificate of Service)(Lombardo, John) [Transferred from cacd on 8/9/2018.] |
| Filing 2 CIVIL COVER SHEET filed by Defendants Endo Health Solutions Inc, Endo Pharmaceuticals Inc. (Lombardo, John) [Transferred from cacd on 8/9/2018.] |
| Filing 1 NOTICE OF REMOVAL from County of Orange, case number 2018-00982349 Receipt No: 0973-21673354 - Fee: $400, filed by Defendants Endo Health Solutions Inc, Endo Pharmaceuticals Inc. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Certificate of Service) (Attorney John D Lombardo added to party Endo Health Solutions Inc(pty:dft), Attorney John D Lombardo added to party Endo Pharmaceuticals Inc(pty:dft))(Lombardo, John) [Transferred from cacd on 8/9/2018.] |
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