Village of Melrose Park et al v. McKesson Corporation et al
| Village of River Forest, Village of Tinley Park, City of Chicago Heights, City of Pekin, City of Berwyn, Village of Oak Lawn, Village of Hillside, Village of Melrose Park, Village of Berkeley, Village Of Bellwood and City of Northlake |
| McKesson Corporation, Purdue Pharma L.P., Mallinckrodt LLC, Janssen Pharmaceutica Inc., Mallinckrodt PLC, Joseph Giacchino, Insys Therapeutics Inc., Endo Health Solutions, Inc., Watson Laboratories Inc., Allergan PLC, Teva Pharmaceuticals USA, Inc., Janssen Pharmaceuticals Inc., Endo International plc, Actavis LLC, Actavis plc, William McMahon, Cephalon Inc., Actavis Pharma, Inc., Purdue Frederick Company, Inc., Cardinal Health Inc., Watson Pharmaceuticals, Inc., Johnson & Johnson, Inc., AmerisourceBergen Corporation, Endo Pharmaceuticals Inc., Paul Madison, Noramco Inc, Rhodes Pharmaceuticals, L.P., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Teva Pharmaceutical Industries Ltd. and Purdue Pharma Inc. |
| 1:2018op46312 |
| December 11, 2018 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster (MDL 2804) |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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| Filing 69 Attorney Appearance by Daniel L. Stanner filed on behalf of McKesson Corporation. (P,R) |
| Filing 68 CASE TRANSFERRED IN from District of Illinois Northern. Case number 1:18-cv-05288. Original file, certified copy of transfer order and docket sheet received. |
| Filing 67 TRANSFERRED to the Northern District of Ohio the electronic record. (kp, ) [Transferred from ilnd on 12/11/2018.] |
| Filing 66 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to Northern District of Ohio. (kp, ) [Transferred from ilnd on 12/11/2018.] |
| Civil Case Terminated pursuant to MDL 2804 Conditional Transfer Order filed 12/10/18. (kp, ) [Transferred from ilnd on 12/11/2018.] |
| Filing 65 TRANSCRIPT OF PROCEEDINGS held on 10/16/2018 before the Honorable John Z. Lee. Order Number: 32621. Court Reporter Contact Information: ALEXANDRA ROTH, alexandra_roth@ilnd.uscourts.gov, (312) 408-5038. IMPORTANT: The transcript may be viewed at the court's 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 the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 12/20/2018. Redacted Transcript Deadline set for 12/31/2018. Release of Transcript Restriction set for 2/27/2019. (Roth, Alexandra) [Transferred from ilnd on 12/11/2018.] |
| Filing 64 MINUTE entry before the Honorable John Z. Lee: Status and motion hearing held on 10/16/18. Defendants' motion to withdraw the motion for reassignment #61 is granted. Defendants' motion for reassignment #39 is withdrawn. For the reasons stated on the record, Plaintiffs' motion to lift the stay #28 is denied; the stay will remain in effect. The parties should file a joint status report five days after the JPML issues its determination on Plaintiffs' motion to vacate the conditional transfer order. Mailed notice (ca, ) [Transferred from ilnd on 12/11/2018.] |
| Filing 63 MINUTE entry before the Honorable John Z. Lee:Motion to appear pro hac vice by Rebecca G. Van Tassell #59 is granted. Mailed notice (ca, ) [Transferred from ilnd on 12/11/2018.] |
| Filing 62 NOTICE of Motion by Matthew H Bunn for presentment of motion to withdraw #61 before Honorable John Z. Lee on 10/23/2018 at 09:00 AM. (Bunn, Matthew) [Transferred from ilnd on 12/11/2018.] |
| Filing 61 MOTION by Defendant McKesson Corporation to withdraw of Motion under Local Rule 40.4 For Reassignment of Case No. 1:18-CV-05756 (Bunn, Matthew) [Transferred from ilnd on 12/11/2018.] |
| Filing 60 SUR-REPLY by Defendant McKesson Corporation to Respond to Plaintiffs' Supplemental Authority (Connelly, Matthew) [Transferred from ilnd on 12/11/2018.] |
| Filing 59 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-15054334. (Attachments: #1 Exhibit Attachment to Motion for PHV)(Van Tassell, Rebecca) [Transferred from ilnd on 12/11/2018.] |
| Filing 58 MINUTE entry before the Honorable John Z. Lee: Distributor Defendants' motion for leave to file a sur-reply responding to Plaintiffs' supplemental authority #56 is granted. No appearance is required on the motion.Mailed notice (ca, ) [Transferred from ilnd on 12/11/2018.] |
| Filing 57 NOTICE of Motion by Matthew Thomas Connelly for presentment of motion for leave to file #56 before Honorable John Z. Lee on 10/16/2018 at 09:00 AM. (Connelly, Matthew) [Transferred from ilnd on 12/11/2018.] |
| Filing 56 MOTION by Defendant McKesson Corporation for leave to file Sur-Reply Responding to Plaintiffs' Supplemental Authority (Attachments: #1 Exhibit 1)(Connelly, Matthew) [Transferred from ilnd on 12/11/2018.] |
| Filing 55 ATTORNEY Appearance for Defendants Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc. by Brittany Lynne Weiss of Tucker Ellis LLP (Weiss, Brittany) [Transferred from ilnd on 12/11/2018.] |
| Filing 54 STATUS Report by City of Berwyn, City of Chicago Heights, City of Northlake, City of Pekin, Village Of Bellwood, Village of Berkeley, Village of Hillside, Village of Melrose Park, Village of Oak Lawn, Village of River Forest, Village of Tinley Park (Richman, Benjamin) [Transferred from ilnd on 12/11/2018.] |
| Filing 53 MINUTE entry before the Honorable John Z. Lee:Plaintiffs' motion for leave to file supplemental authority, instanter #51 is granted. No appearance is required on the motion.Mailed notice (ca, ) [Transferred from ilnd on 12/11/2018.] |
| Filing 52 NOTICE of Motion by Benjamin Harris Richman for presentment of motion to supplement, #51 before Honorable John Z. Lee on 9/25/2018 at 09:00 AM. (Richman, Benjamin) [Transferred from ilnd on 12/11/2018.] |
| Filing 51 MOTION by Plaintiffs City of Berwyn, City of Chicago Heights, City of Northlake, City of Pekin, Village Of Bellwood, Village of Berkeley, Village of Hillside, Village of Melrose Park, Village of Oak Lawn, Village of River Forest, Village of Tinley Park to supplement Motion to Lift Stay, Instanter (Attachments: #1 Exhibit Opioid MDL Decision)(Richman, Benjamin) [Transferred from ilnd on 12/11/2018.] |
| Filing 50 ATTORNEY Appearance for Defendant Cardinal Health, Inc. by Anita Maria Kidd (Kidd, Anita) [Transferred from ilnd on 12/11/2018.] |
| Filing 49 ATTORNEY Appearance for Defendants Actavis LLC, Actavis Pharma Inc., Cephalon Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories Inc. by Megan Rose Braden (Braden, Megan) [Transferred from ilnd on 12/11/2018.] |
| Filing 48 ATTORNEY Appearance for Defendants Actavis LLC, Actavis Pharma Inc., Cephalon Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories Inc. by Tinos Diamantatos (Diamantatos, Tinos) [Transferred from ilnd on 12/11/2018.] |
| Filing 47 RESPONSE by Purdue Pharma Inc., Purdue Pharma L.P., The Purdue Frederick Company, Inc.in Opposition to MOTION by Plaintiffs City of Berwyn, City of Chicago Heights, City of Northlake, City of Pekin, Village Of Bellwood, Village of Berkeley, Village of Hillside, Village of Melrose Park, Village of Oak Lawn, Village of River Forest, Village of Tinley Park #28 (Sara, Roitman) [Transferred from ilnd on 12/11/2018.] |
| Filing 46 RESPONSE by Defendants Amerisourcebergen Corporation, McKesson Corporation to motion for miscellaneous relief, #28 (Distributor Defendants' Opposition to Plaintiffs' Motion to Lift Stay (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Vesselinovitch, Alexander) [Transferred from ilnd on 12/11/2018.] |
| Filing 45 MINUTE entry before the Honorable John Z. Lee: Motion hearing held on 9/6/18. Distributor Defendants' motion for reassignment #39 is entered and continued for 10/16/18 at 9:00 a.m. Mailed notice (ca, ) [Transferred from ilnd on 12/11/2018.] |
| Filing 44 ATTORNEY Appearance for Defendant Amerisourcebergen Corporation by Margaret Marcia Schuchardt (Schuchardt, Margaret) [Transferred from ilnd on 12/11/2018.] |
| Filing 43 ATTORNEY Appearance for Defendant Amerisourcebergen Corporation by Daniel I. Schlessinger (Schlessinger, Daniel) [Transferred from ilnd on 12/11/2018.] |
| Filing 42 ATTORNEY Appearance for Defendant McKesson Corporation by Matthew H Bunn (Bunn, Matthew) [Transferred from ilnd on 12/11/2018.] |
| Filing 41 Exhibit by McKesson Corporation for Motion to Reassign Case #39 (Vesselinovitch, Alexander) [Transferred from ilnd on 12/11/2018.] |
| Filing 40 NOTICE of Motion by Alexander S. Vesselinovitch for presentment of motion to reassign case #39 before Honorable John Z. Lee on 9/6/2018 at 09:00 AM. (Vesselinovitch, Alexander) [Transferred from ilnd on 12/11/2018.] |
| Filing 39 MOTION by Defendant McKesson Corporation to reassign case no. 1:18-CV-05756 (Vesselinovitch, Alexander) [Transferred from ilnd on 12/11/2018.] |
| Filing 38 MINUTE entry before the Honorable John Z. Lee:Motion for leave to appear pro hac vice by Steven Napolitano #37 is granted. Mailed notice (ca, ) [Transferred from ilnd on 12/11/2018.] |
| Filing 37 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-14854767. (Attachments: #1 Supplement Addendum)(Napolitano, Steven) [Transferred from ilnd on 12/11/2018.] |
| Filing 36 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Purdue Pharma Inc., Purdue Pharma L.P., The Purdue Frederick Company, Inc. (Roitman, Sara) [Transferred from ilnd on 12/11/2018.] |
| Filing 35 ATTORNEY Appearance for Defendants Purdue Pharma Inc., Purdue Pharma L.P., The Purdue Frederick Company, Inc. by Sara Roitman (Roitman, Sara) [Transferred from ilnd on 12/11/2018.] |
| Filing 34 ATTORNEY Appearance for Defendant Rhodes Pharmaceuticals by Heidi Ann Kuffel (Kuffel, Heidi) [Transferred from ilnd on 12/11/2018.] |
| Filing 33 ATTORNEY Appearance for Defendant Rhodes Pharmaceuticals by Michael J. Rosen (Rosen, Michael) [Transferred from ilnd on 12/11/2018.] |
| Filing 32 MINUTE entry before the Honorable John Z. Lee:Defendants' response to Plaintiffs' motion to lift the stay #28 shall be due by 9/12/18. The status hearing set for 9/20/18 is reset to 10/16/18 at 9:00 a.m. No appearance is required on the motion. Mailed notice (ca, ) [Transferred from ilnd on 12/11/2018.] |
| Filing 31 ATTORNEY Appearance for Defendants Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc. by Sherry Ann Knutson of Tucker Ellis LLP (Knutson, Sherry) [Transferred from ilnd on 12/11/2018.] |
| Filing 30 ATTORNEY Appearance for Defendant Paul Madison by Phillip John Oliver (Oliver, Phillip) [Transferred from ilnd on 12/11/2018.] |
| Filing 29 NOTICE of Motion by Jay Edelson for presentment of motion for miscellaneous relief, #28 before Honorable John Z. Lee on 8/21/2018 at 09:00 AM. (Edelson, Jay) [Transferred from ilnd on 12/11/2018.] |
| Filing 28 MOTION by Plaintiffs City of Berwyn, City of Chicago Heights, City of Northlake, City of Pekin, Village Of Bellwood, Village of Berkeley, Village of Hillside, Village of Melrose Park, Village of Oak Lawn, Village of River Forest, Village of Tinley Park to Lift Stay (Edelson, Jay) [Transferred from ilnd on 12/11/2018.] |
| Filing 27 MINUTE entry before the Honorable John Z. Lee:The Court grants Defendant Cardinal Health, Inc.'s "motion for disclosure" #25 and construes it as a notice of filing of its Local Rule 3.2 Notification as to Affiliates. Mailed notice (ca, ) [Transferred from ilnd on 12/11/2018.] |
| Filing 26 MINUTE entry before the Honorable John Z. Lee:The Court grants Defendant McKesson's motion to stay the proceedings pending likely transfer to MDL 2804 #15 , grants Defendants' motions for extension of time to answer or otherwise respond #13 #17 , and grants Plaintiffs' motion for leave to file excess pages #22 . The U.S. Judicial Panel on Multidistrict Litigation (JPML) has conditionally transferred this case to MDL 2804. See CTO-49. Preliminary assessment of the jurisdictional issues suggest that they are legally and factually difficult and that the issues are precisely the same as those being litigated in other cases that have already been transferred to the MDL, see, e.g., MDL 2804, ECF No. 807. Were this Court to rule on the motion to remand, there would be a likelihood of inconsistent results. Furthermore, the JPML has determined that centralization of opioid litigation is proper due to common questions of fact and that transfer should not be delayed pending rulings on remand motions. See In re. Nat'l Prescription Opiate Litig., 290 F. Supp. 3d 1375, 1378-79 (J.P.M.L. 2017). On balance, the slight delay in Plaintiffs' obtaining a ruling on their motion to remand is outweighed by the interests in judicial economy and the prejudice caused by potentially inconsistent results. Accordingly, the Court stays the case pending the transfer of this case to the MDL. Plaintiffs' motion to remand #19 remains pending for decision by the MDL judge. Mailed notice (air, ) [Transferred from ilnd on 12/11/2018.] |
| Filing 25 CORPORATE Disclosure Statement by Defendant Cardinal Health, Inc. (Meyer, Julie) Modified on 8/13/2018 (smm). [Transferred from ilnd on 12/11/2018.] |
| Filing 24 ATTORNEY Appearance for Defendant Cardinal Health, Inc. by Julie Fix Meyer (Meyer, Julie) [Transferred from ilnd on 12/11/2018.] |
| Filing 23 NOTICE of Motion by Jay Edelson for presentment of motion for leave to file excess pages, #22 before Honorable John Z. Lee on 8/14/2018 at 09:00 AM. (Edelson, Jay) [Transferred from ilnd on 12/11/2018.] |
| Filing 22 MOTION by Plaintiffs City of Berwyn, City of Chicago Heights, City of Northlake, City of Pekin, Village Of Bellwood, Village of Berkeley, Village of Hillside, Village of Melrose Park, Village of Oak Lawn, Village of River Forest, Village of Tinley Park for leave to file excess pages in Memo of Law in Support of Motion to Remand, Instanter (Edelson, Jay) [Transferred from ilnd on 12/11/2018.] |
| Filing 21 NOTICE of Motion by Jay Edelson for presentment of motion to remand, #19 before Honorable John Z. Lee on 8/14/2018 at 09:00 AM. (Edelson, Jay) [Transferred from ilnd on 12/11/2018.] |
| Filing 20 MEMORANDUM by City of Berwyn, City of Chicago Heights, City of Northlake, City of Pekin, Village Of Bellwood, Village of Berkeley, Village of Hillside, Village of Melrose Park, Village of Oak Lawn, Village of River Forest, Village of Tinley Park in support of motion to remand, #19 (Attachments: #1 Exhibit Affidavits of Service, #2 Declaration Decl. of Benjamin H. Richman)(Edelson, Jay) [Transferred from ilnd on 12/11/2018.] |
| Filing 19 MOTION by Plaintiffs City of Berwyn, City of Chicago Heights, City of Northlake, City of Pekin, Village Of Bellwood, Village of Berkeley, Village of Hillside, Village of Melrose Park, Village of Oak Lawn, Village of River Forest, Village of Tinley Park to remand to the Circuit Court of Cook County, IL (Edelson, Jay) [Transferred from ilnd on 12/11/2018.] |
| Filing 18 NOTICE of Motion by Troy A. Bozarth for presentment of motion for extension of time to file answer #17 before Honorable John Z. Lee on 8/14/2018 at 09:00 AM. (Bozarth, Troy) [Transferred from ilnd on 12/11/2018.] |
| Filing 17 MOTION by Defendants Purdue Pharma Inc., Purdue Pharma L.P., The Purdue Frederick Company, Inc. for extension of time to file answer (Bozarth, Troy) [Transferred from ilnd on 12/11/2018.] |
| Filing 16 NOTICE of Motion by Alexander S. Vesselinovitch for presentment of motion to stay #15 before Honorable John Z. Lee on 8/14/2018 at 09:00 AM. (Vesselinovitch, Alexander) [Transferred from ilnd on 12/11/2018.] |
| Filing 15 MOTION by Defendant McKesson Corporation to stay Proceedings Pending Likely Transfer to Multidistrict Litigation (Attachments: #1 Exhibit 1-4)(Vesselinovitch, Alexander) [Transferred from ilnd on 12/11/2018.] |
| Filing 14 NOTICE of Motion by Alexander S. Vesselinovitch for presentment of motion for extension of time to file answer #13 before Honorable John Z. Lee on 8/14/2018 at 09:00 AM. (Vesselinovitch, Alexander) [Transferred from ilnd on 12/11/2018.] |
| Filing 13 MOTION by Defendant McKesson Corporation for extension of time to file answer or otherwise respond to the Complaint (Vesselinovitch, Alexander) [Transferred from ilnd on 12/11/2018.] |
| Filing 12 MINUTE entry before the Honorable John Z. Lee:Initial status hearing set for 9/20/18 at 9:00 a.m. Judge Lee participates in the Mandatory Initial Discovery Pilot Project ("Project"). The Project applies to all cases filed on or after June 1, 2017, excluding the following: (1) cases exempted by Rule 26(a)(1)(B), (2) actions brought by a person in the custody of the United States, a state, or a state subdivision, regardless of whether an attorney is recruited, (3) actions under the Private Securities Litigation Reform Act, (4) patent cases governed by the Local Patent Rules, and (5) cases transferred for consolidated administration in the District by the Judicial Panel on Multidistrict Litigation ("Exempt Cases").For all cases to which the Project applies, Judge Lee requires (1) each attorney appearing on behalf of Plaintiff(s) to file a "Certification by Attorney Regarding Discovery Obligations Under Mandatory Initial Discovery Pilot Project" form within 28 days after the filing of the Complaint and (2) each attorney appearing on behalf of Defendant(s) to file the certification form with the Answer. The parties are directed to file a joint initial status report four business days prior to the initial status hearing. The certification form and initial status report requirements are set forth in Judge Lee's standing order regarding the "Mandatory Initial Discovery Pilot Project" available on the Courts website. For all Exempt Cases, the parties are directed to file a joint initial status report four business days prior to the initial status hearing in accordance with the standing order governing "Initial Status Report in Cases Exempt from the Mandatory Initial Discovery Pilot Project" also available on the Court's website. Mailed notice (ca, ) [Transferred from ilnd on 12/11/2018.] |
| Filing 11 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (ew, ) [Transferred from ilnd on 12/11/2018.] |
| Filing 10 MAILED Notice of Removal letter to counsel of record. (ew, ) [Transferred from ilnd on 12/11/2018.] |
| Filing 9 REQUEST for Clerk of Court to refund filing fee in the amount of 400.00, receipt no. 0752-14775640, regarding notice of removal #8 (Bozarth, Troy) [Transferred from ilnd on 12/11/2018.] |
| Filing 8 PURDUE's SUPPLEMENTAL Notice of Removal. (Attachments: #1 Exhibit Exhibits 1 through 3)(Bozarth, Troy) Docket Text Modified by Clerk's Office on 8/3/2018 (jh, ). [Transferred from ilnd on 12/11/2018.] |
| Filing 7 ATTORNEY Appearance for Defendants Purdue Pharma Inc., Purdue Pharma L.P., The Purdue Frederick Company, Inc. by Troy A. Bozarth (Bozarth, Troy) [Transferred from ilnd on 12/11/2018.] |
| Filing 6 Corporate Disclosure Statement STATEMENT by McKesson Corporation (Vesselinovitch, Alexander) [Transferred from ilnd on 12/11/2018.] |
| Filing 5 ATTORNEY Appearance for Defendant McKesson Corporation by Matthew Thomas Connelly (Connelly, Matthew) [Transferred from ilnd on 12/11/2018.] |
| Filing 4 ATTORNEY Appearance for Defendant McKesson Corporation by Alexander S. Vesselinovitch (Vesselinovitch, Alexander) [Transferred from ilnd on 12/11/2018.] |
| Filing 3 CIVIL Cover Sheet (Attachments: #1 Full Case Caption / Service List)(Vesselinovitch, Alexander) [Transferred from ilnd on 12/11/2018.] |
| Filing 2 NOTICE of Removal from Circuit Court of Cook County, case number (2018-CH-06601) filed by McKesson Corporation Filing fee $ 400, receipt number 0752-14773140. (Attachments: #1 Exhibit Exhibit A - McKesson - Notice of Removal (FINAL), #2 Exhibit Exhibit B - McKesson - Notice of Removal (FINAL))(Vesselinovitch, Alexander) [Transferred from ilnd on 12/11/2018.] |
| Filing 1 NOTICE of Removal (Attachments: #1 Exhibit Exhibit A - McKesson - Notice of Removal (FINAL), #2 Exhibit Exhibit B - McKesson - Notice of Removal (FINAL))(Vesselinovitch, Alexander) Modified on 8/2/2018 (kp, ). (Docket Text Modified by Clerk's Office) [Transferred from ilnd on 12/11/2018.] |
| CASE ASSIGNED to the Honorable John Z. Lee. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (jjr, ) [Transferred from ilnd on 12/11/2018.] |
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