City of Huntington, West Virginia et al v. Express Scripts Holding Company et al
| City of Charleston, West Virginia, City of Kenova, West Virginia, Town of Ceredo, West Virginia and City of Huntington, West Virginia |
| Cross Lanes Family Pharmacy, Inc., PASTM, Inc., McCloud Family Pharmacy, Inc., MRNB, Inc., T&J Enterprises, Inc., Express Scripts Holding Company, West Virginia CVS Pharmacy, L.L.C., RxByTel, Inc., Rite Aid of West Virginia, Inc., Medical Park Pharmacy LTC, Inc., Kroger Limited Partnership I, Express Scripts Inc., Beewell Pharmacy, Inc., Continuumcare Pharmacy LLC and Safe RX Pharmacies, Inc. |
| 1:2018op45984 |
| August 17, 2018 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Out Of State |
| Dan Aaron Polster (MDL 2804) |
| Other Statutory Actions |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 12, 2018. A more recent docket listing may be available from PACER.
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| Filing 33 Initial Section 55-7-13d Notice of Nonparty Fault filed by Express Scripts Holding Company, Express Scripts Inc.. (Riviere-Badell, Adriana) |
| Filing 32 Notice of Nonparty Fault Pursuant to West Virginia Code Section 55-7-13d filed by Rite Aid of West Virginia, Inc.. (McEnroe, Elisa) |
| Filing 31 West Virginia CVS Pharmacy, L.L.C.'s Initial Section 55-7-13d Notice of Nonparty Fault filed by West Virginia CVS Pharmacy, L.L.C.. (Delinsky, Eric) |
| Filing 30 Corporate Disclosure Statement filed by West Virginia CVS Pharmacy, L.L.C.. (Delinsky, Eric) |
| Filing 29 Attorney Appearance by Eric R. Delinsky filed by on behalf of West Virginia CVS Pharmacy, L.L.C.. (Delinsky, Eric) |
| Filing 28 Attorney Appearance by Edward A. Smallwood, Kelly Calder Mowen filed on behalf of Medical Park Pharmacy LTC, Inc. (P,R) |
| Filing 27 CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:18-cv-00580. Original file, certified copy of transfer order and docket sheet received. |
| Filing 26 TRANSFER ORDER, JUDICIAL PANEL ON MDL: certified copy from the Northern District of Ohio transferring this action to the USDC/NDOH for coordinated or consolidated pretrial proceedings. Signed by Sarah S. Vance, Chair of the Panel on 8/02/2018. (cc: attys) (ts) [Transferred from wvsd on 8/17/2018.] |
| Filing 25 NOTIFICATION FROM JUDICIAL PANEL ON MULTIDISTRICT LITIGATION re: Transfer Order MDL 2804. (kp) [Transferred from wvsd on 8/17/2018.] |
| IMPORTANT NOTICE: The United States District Court for the Southern District of West Virginia (WVSD) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, June 11, 2018. The WVSD CM/ECF system will be unavailable from 12:00pm (noon) on Friday, June 8, 2018 until 6:00am on Monday, June 11, 2018. Preparing for NextGen CM/ECF is a two-step process. Step one was to 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 WVSD e-filing account in the new NextGen CM/ECF system on or after June 11, 2018. Instructions for linking your account can be found at #http://www.wvsd. uscourts.gov/pdfs/NextGen/WVSD_Link_PACER_to_CM-ECF.pdf. If you have any additional questions please call the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (mwk) (ADI) [Transferred from wvsd on 8/17/2018.] |
Filing 24
ORDER granting the #23 UNOPPOSED MOTION to Stay the Proceedings Pending Resolution of the Conditional Transfer Order; the present proceedings are STAYED, pending full resolution of the Conditional Transfer Order 26 (CTO-26), entered by the Judicial Panel on Multidistrict Litigation (JPML) for In Re: National Prescription Opiate Litigation, MDL No. 2804 on 4/25/2018 (JPML Dkt. No. 1302), including briefing related to Plaintiffs' Motion to Remand and Defendants' responses to the Complaint. Signed by Judge David A. Faber on 5/24/2018. (cc: counsel of record; any unrepresented party) (taq) [Transferred from wvsd on 8/17/2018.]
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| Filing 23 UNOPPOSED MOTION by Express Scripts Holding Company, Express Scripts, Inc., West Virginia CVS Pharmacy, L.L.C., Rite Aid of West Virginia, Inc., Kroger Limited Partnership I, McCloud Family Pharmacy, Inc., Medical Park Pharmacy LTC, Inc., PASTM, Inc., Beewell Pharmacy, Inc., MRNB, Inc., Cross Lanes Family Pharmacy, Inc., Continuumcare Pharmacy LLC to Stay Proceedings Pending Resolution of the Conditional Transfer Order (Attachment: #1 Proposed Order)(Bailey, Charles) (Modified on 5/22/2018 to add party filers) (kp). [Transferred from wvsd on 8/17/2018.] |
| Filing 22 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Rite Aid of West Virginia, Inc. (Arceneaux, Webster) [Transferred from wvsd on 8/17/2018.] |
| IMPORTANT NOTICE: The United States District Court for the Southern District of West Virginia (WVSD) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, June 11, 2018. Complete information regarding the WVSD NextGen CM/ECF implementation can be found at #h ttp://www.wvsd.uscourts.gov/nextgen-information. Preparing for NextGen CM/ECF is a two-step process. Step one was to 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 WVSD e-filing account in the new NextGen CM/ECF system on or after June 11, 2018. Please log in to the WVSD CM/ECF system at #http://ecf.wv sd.uscourts.gov before June 7, 2018 to make sure you know your current WVSD e-filing login and password. Do not rely on your username and password being saved in your web browser, because that method will not work with the NextGen upgrade. If you do not know your login or password or have any additional questions please call the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (mwk) (ADI) [Transferred from wvsd on 8/17/2018.] |
| Filing 21 MEMORANDUM by City of Charleston, West Virginia, City of Huntington, West Virginia, City of Kenova, West Virginia, Town of Ceredo, West Virginia in support of #20 MOTION by City of Charleston, West Virginia, City of Huntington, West Virginia, City of Kenova, West Virginia, Town of Ceredo, West Virginia to Remand Case to Circuit Court of Kanawha County (Taylor, Dennis) [Transferred from wvsd on 8/17/2018.] |
| Filing 20 MOTION by City of Charleston, West Virginia, City of Huntington, West Virginia, City of Kenova, West Virginia, Town of Ceredo, West Virginia to Remand Case to Circuit Court of Kanawha County (Taylor, Dennis) [Transferred from wvsd on 8/17/2018.] |
| Filing 19 STATEMENT OF VISITING ATTORNEY on behalf of City of Huntington, West Virginia, City of Charleston, West Virginia, Town of Ceredo, West Virginia, City of Kenova, West Virginia. Local counsel: Dennis C. Taylor. Fee $50.00. Receipt # 0425-6495710. (Taylor, Dennis) (Modified on 5/16/2018 to add counsels' signature and replace image) (kp). [Transferred from wvsd on 8/17/2018.] |
| NOTICE OF DOCKET CORRECTION re: #19 Statement of Visiting Attorney. ERROR: Document did not contain signatures of counsel. CORRECTION: Signatures obtained and image replaced. (kp) [Transferred from wvsd on 8/17/2018.] |
| Filing 18 NOTICE OF DISMISSAL With Prejudice of Rxbytel, Inc. by City of Charleston, West Virginia, City of Huntington, West Virginia, City of Kenova, West Virginia, Town of Ceredo, West Virginia pursuant to Rule 41, Federal Rules of Civil Procedure (Webb, Charles) [Transferred from wvsd on 8/17/2018.] |
| Filing 17 MAIL RETURNED AS UNDELIVERABLE. #15 Order sent to Kent Freeman at 335 Fourth Avenue, Huntington, WV 25701. Mail resent to Kent Freeman, 503 Fourth Street East, South Point, OH 45680. (mk) [Transferred from wvsd on 8/17/2018.] |
| NOTICE OF DOCKET CORRECTION re: #16 Mail Returned As Undeliverable: #11 Order sent to Kent Freeman at 335 Fourth Avenue, Huntington, WV 25701. Mail resent to Kent Freeman at 503 Fourth Street East, South Point, OH 45680. (mk) ERROR: Image did not contain Date Filed Stamp. CORRECTION: Date Filed Stamp added and image replaced. (mk). [Transferred from wvsd on 8/17/2018.] |
| Filing 16 MAIL RETURNED AS UNDELIVERABLE: #11 Order sent to Kent Freeman at 335 Fourth Avenue, Huntington, WV 25701. Mail resent to Kent Freeman at 503 Fourth Street East, South Point, OH 45680. (mk) (Modified on 4/27/2018 to replace image with image containing date filed stamp) (mk). [Transferred from wvsd on 8/17/2018.] |
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Filing 15
ORDER granting Defendant's #13 MOTION for Extension of Time to respond to #7 Complaint. Cross Lanes Family Pharmacy, Inc. response to Complaint is now due on or before 6/14/2018. Signed by Senior Judge David A. Faber on 4/23/2018. (cc: attys) (mk) [Transferred from wvsd on 8/17/2018.]
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| Filing 14 ENTRY OF APPEARANCE by Leigh Gross Latherow, Scott W. Andrews on behalf of Beewell Pharmacy, Inc., McCloud Family Pharmacy, Inc., Medical Park Pharmacy LTC, Inc., PASTM, Inc. (Latherow, Leigh) [Transferred from wvsd on 8/17/2018.] |
| Filing 13 MOTION by Cross Lanes Family Pharmacy, Inc. to Extend Time Frame to Respond to Complaint Attached to #7 Notice of Removal (Ruggier, Duane) (Modified on 4/23/2018 to add link to #7 notice of removal) (kp). [Transferred from wvsd on 8/17/2018.] |
| Filing 12 CONSENT FOR REMOVAL by Cross Lanes Family Pharmacy, Inc. (Ruggier, Duane) [Transferred from wvsd on 8/17/2018.] |
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Filing 11
ORDER granting #10 UNOPPOSED MOTION by Certain Defendants to Extend Time to Respond to Complaint: Defendants' responses to the Complaint are now due on or before 6/14/2018. Signed by Senior Judge David A. Faber on 4/19/2018. (cc: attys) (mk) [Transferred from wvsd on 8/17/2018.]
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| Filing 10 UNOPPOSED MOTION by Express Scripts Holding Company, Express Scripts, Inc., West Virginia CVS Pharmacy, L.L.C., Kroger Limited Partnership I, Rite Aid of West Virginia, Inc., MRNB, Inc., PASTM, Inc., Medical Park Pharmacy LTC, Inc., McCloud Family Pharmacy, Inc., Beewell Pharmacy, Inc., Continuumcare Pharmacy LLC to Extend Time to Respond to Complaint Attached to #7 Notice of Removal (Attachment: #1 Proposed Order)(Bailey, Charles) (Modified on 4/18/2018 to add link to #7 notice of removal and to add party filers) (kp). [Transferred from wvsd on 8/17/2018.] |
| Filing 9 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Express Scripts, Inc. (Bailey, Charles) [Transferred from wvsd on 8/17/2018.] |
| Filing 8 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: attys; any unrepresented party) (taq) [Transferred from wvsd on 8/17/2018.] |
| Filing 6 DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Express Scripts Holding Company (Bailey, Charles) [Transferred from wvsd on 8/17/2018.] |
| Filing 5 STATEMENT OF VISITING ATTORNEY from Alana F. Montas on behalf of Express Scripts Holding Company, Express Scripts, Inc. Local counsel: Charles R. Bailey. Fee $50.00. Receipt # 0425-6400827. (Bailey, Charles) [Transferred from wvsd on 8/17/2018.] |
| Filing 4 STATEMENT OF VISITING ATTORNEY from Adriana Riviere-Badell on behalf of Express Scripts Holding Company, Express Scripts, Inc. Local counsel: Charles R. Bailey. Fee $50.00. Receipt # 0425-6400780. (Bailey, Charles) [Transferred from wvsd on 8/17/2018.] |
| Filing 3 STATEMENT OF VISITING ATTORNEY from Julian W. Park on behalf of Express Scripts Holding Company, Express Scripts, Inc. Local counsel: Charles R. Bailey. Fee $50.00. Receipt # 0425-6400753. (Bailey, Charles) [Transferred from wvsd on 8/17/2018.] |
| Filing 2 STATEMENT OF VISITING ATTORNEY from Matthew I. Menchel on behalf of Express Scripts Holding Company, Express Scripts, Inc. Local counsel: Charles R. Bailey. Fee $50.00. Receipt # 0425-6400723. (Bailey, Charles) [Transferred from wvsd on 8/17/2018.] |
| Filing 1 STATEMENT OF VISITING ATTORNEY from Steven G. Kobre on behalf of Express Scripts Holding Company, Express Scripts, Inc. Local counsel: Charles R. Bailey. Fee $50.00. Receipt # 0425-6400669. (Bailey, Charles) [Transferred from wvsd on 8/17/2018.] |
| Filing 7 NOTICE OF REMOVAL by Express Scripts Holding Company, Express Scripts, Inc. with complaint and docket sheet from Circuit Court of Kanawha County; and miscellaneous documents. Filing Fee $400.00. Receipt #0425-6397268. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet) (taq) [Transferred from wvsd on 8/17/2018.] |
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