Doyle v. Actavis LLC et al
| Erin Doyle, Stephanie Howell, Michelle Frost and Ashley Dawn Marie Poe |
| AmerisourceBergen Corporation, Cardinal Health Inc., Endo Pharmaceuticals Inc., Purdue Pharma L.P., Actavis LLC, Janssen Pharmaceutica Inc., Teva Pharmaceutical Industries Ltd., Endo Health Solutions Inc., Johnson & Johnson, Cephalon, Inc., Watson Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Actavis Pharma, Inc., Purdue Frederick Company, Inc., Purdue Pharma Inc., McKesson Corporation, Allergan PLC, Watson Laboratories Inc., Janssen Pharmaceuticals Inc., Allergan PLC f/k/a Actavis PLC f/k/a Allergan, Inc., Mallinckrodt, LLC, Indivior, Inc., Prescription Supply, Inc., Walgreen Eastern Co., Inc., Actavis Elizabeth, LLC, HBC Service Company, Actavis plc, Allergan Finance, LLC, f/k/a Actavis, Inc., f/k/a Watson Pharmaceuticals, Inc., Health Mart Systems, Inc., Actavis Laboratories UT, Inc., f/k/a Watson Laboratories, Inc.-Salt Lake City, Teva Pharmaceuticals USA, Inc., Actavis South Atlantic LLC, Warner Chilcott Company, LLC, Actavis Mid Atlantic LLC, Watson Pharmaceuticals, Inc. n/k/a/ Actavis, Inc., Rite Aid of Maryland, Inc., Walmart, Inc. or Wal-Mart Stores East, LP, Walgreen Co., Par Pharmaceutical Companies, Inc., Walgreens Boots Alliance, Inc., Depomed, Inc. n/k/a Assertio Therapeutics, Inc., H.D. Smith Holdings, LLC, Actavis Kadian, LLC, Actavis Laboratories FL, Inc., f/k/a Watson Laboratories, Inc.-Florida, Actavis Totowa, LLC, Par Pharmaceutical, Inc., CVS RX Services, Inc., CVS Health Corporation, CVS Indiana, LLC, Watson Pharma, Inc., Noramco, Inc., H.D. Smith, LLC d/b/a H.D. Smith, f/k/a H.D. Smith Wholesale Drug Company, Costco Wholesale Corporation, Mallinckrodt, PLC, SpecGX LLC, Miami-Luken, Inc. and H.D. Smith Holding Company |
| 1:2018op46327 |
| December 13, 2018 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster (MDL 2804) |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Plaintiff |
Docket Report
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| Filing 44 Attorney Appearance by Charles M. Silver filed by on behalf of Michelle Frost, Stephanie Howell, Ashley Dawn Marie Poe. (Silver, Charles) |
Order [non-document] denying Assertio Therapeutic's Motion for Leave to File Motions for Summary Judgment (Related Doc #43 ). The Court will first decide the motion for class certification before receiving any motions for summary judgment. Judge Dan Aaron Polster on 5/11/20.(P,R)
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Order [non-document] denying Assertio Therapeutic's Motion for leave to file under seal Motion for Leave to File Motions for Summary Judgment (Related Doc #42 ). Judge Dan Aaron Polster on 5/11/20.(P,R)
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| Filing 43 Motion for leave Assertio Therapeutic's Motion for Leave to File Motions for Summary Judgment filed by Defendant Depomed, Inc. n/k/a Assertio Therapeutics, Inc.. (Attachments: #1 Exhibit Doyle-Frost MSJ & App'x-REDACTED, #2 Exhibit Artz Motion for Summary Judgment & App'x-REDACTED, #3 Proposed Order)(Sadler, Kevin) |
| Filing 42 Motion for leave to file under seal Motion for Leave to File Motions for Summary Judgment filed by Defendant Depomed, Inc. n/k/a Assertio Therapeutics, Inc.. (Attachments: #1 Proposed Order)(Sadler, Kevin) Modified text on 5/11/2020 (P,R). |
| Filing 41 Third Amended complaint against Actavis Elizabeth, LLC, Actavis Kadian, LLC, Actavis 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, Actavis Mid Atlantic LLC, Actavis Pharma, Inc., Actavis South Atlantic LLC, Actavis Totowa, LLC, Allergan Finance, LLC, f/k/a Actavis, Inc., f/k/a Watson Pharmaceuticals, Inc., Allergan PLC, Allergan PLC f/k/a Actavis PLC f/k/a Allergan, Inc., AmerisourceBergen Corporation, CVS Health Corporation, CVS Indiana, LLC, CVS RX Services, Inc., Cardinal Health Inc., Cephalon, Inc., Costco Wholesale Corporation, Depomed, Inc. n/k/a Assertio Therapeutics, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals Inc., H.D. Smith Holding Company, H.D. Smith Holdings, LLC, H.D. Smith, LLC d/b/a H.D. Smith, f/k/a H.D. Smith Wholesale Drug Company, HBC Service Company, Health Mart Systems, Inc., Indivior, Inc., Janssen Pharmaceutica Inc., Janssen Pharmaceuticals Inc., Johnson & Johnson, Mallinckrodt, LLC, Mallinckrodt, PLC, McKesson Corporation, Miami-Luken, 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. or Wal-Mart Stores East, LP, Warner Chilcott Company, LLC, Watson Laboratories Inc., Watson Pharmaceuticals, Inc., Watson Pharmaceuticals, Inc. n/k/a/ Actavis, Inc. and adding new party plaintiff(s) Ashley Dawn Marie Poe. Filed by Michelle Frost, Ashley Dawn Marie Poe. (Dann, Marc) |
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Filing 40
Order granting Motion for reconsideration of Ashley Poe's Motion to Intervene as Plaintiff and Class Representative. Related Doc #39 . Judge Dan Aaron Polster on 4/3/20.(P,R)
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| Filing 39 Motion for reconsideration of Ashley Poe's Motion to Intervene as Plaintiff and Class Representative filed by Plaintiff Michelle Frost. (Dann, Marc) |
| Filing 38 Waiver of Service Returned Executed by All Plaintiffs. Actavis LLC waiver sent on 10/23/2019, answer due 12/22/2019; Actavis Pharma, Inc. waiver sent on 10/23/2019, answer due 12/22/2019; AmerisourceBergen Corporation waiver sent on 10/23/2019, answer due 12/22/2019; Cardinal Health Inc. waiver sent on 10/23/2019, answer due 12/22/2019; Cephalon, Inc. waiver sent on 10/23/2019, answer due 12/22/2019; Endo Health Solutions Inc. waiver sent on 10/23/2019, answer due 12/22/2019; Endo Pharmaceuticals Inc. waiver sent on 10/23/2019, answer due 12/22/2019; Indivior, Inc. waiver sent on 10/23/2019, answer due 12/22/2019; McKesson Corporation waiver sent on 10/23/2019, answer due 12/22/2019; Watson Laboratories Inc. waiver sent on 10/23/2019, answer due 12/22/2019; Depomed, Inc. n/k/a Assertio Therapeutics, Inc. waiver sent on 10/23/2019, answer due 12/22/2019; Actavis Elizabeth, LLC waiver sent on 10/23/2019, answer due 12/22/2019; Actavis Kadian, LLC waiver sent on 10/23/2019, answer due 12/22/2019; Actavis Laboratories FL, Inc., f/k/a Watson Laboratories, Inc.-Florida waiver sent on 10/23/2019, answer due 12/22/2019; Actavis Laboratories UT, Inc., f/k/a Watson Laboratories, Inc.-Salt Lake City waiver sent on 10/23/2019, answer due 12/22/2019; Actavis Mid Atlantic LLC waiver sent on 10/23/2019, answer due 12/22/2019; Actavis South Atlantic LLC waiver sent on 10/23/2019, answer due 12/22/2019; Actavis Totowa, LLC waiver sent on 10/23/2019, answer due 12/22/2019; HBC Service Company waiver sent on 10/23/2019, answer due 12/22/2019; Miami-Luken, Inc. waiver sent on 10/23/2019, answer due 12/22/2019; Teva Pharmaceuticals USA, Inc. waiver sent on 10/23/2019, answer due 12/22/2019; Warner Chilcott Company, LLC waiver sent on 10/23/2019, answer due 12/22/2019; Allergan Finance, LLC, f/k/a Actavis, Inc., f/k/a Watson Pharmaceuticals, Inc. waiver sent on 10/23/2019, answer due 12/22/2019; Allergan PLC f/k/a Actavis PLC f/k/a Allergan, Inc. waiver sent on 11/1/2019, answer due 12/31/2019; Watson Pharmaceuticals, Inc. n/k/a/ Actavis, Inc. waiver sent on 10/23/2019, answer due 12/22/2019; Costco Wholesale Corporation waiver sent on 10/23/2019, answer due 12/22/2019; CVS Health Corporation waiver sent on 10/23/2019, answer due 12/22/2019; CVS Indiana, LLC waiver sent on 10/23/2019, answer due 12/22/2019; CVS RX Services, Inc. waiver sent on 10/23/2019, answer due 12/22/2019; Noramco, Inc. waiver sent on 10/23/2019, answer due 12/22/2019; H.D. Smith, LLC d/b/a H.D. Smith, f/k/a H.D. Smith Wholesale Drug Company waiver sent on 10/23/2019, answer due 12/22/2019; H.D. Smith Holdings, LLC waiver sent on 10/23/2019, answer due 12/22/2019; H.D. Smith Holding Company waiver sent on 10/23/2019, answer due 12/22/2019; Walmart, Inc. or Wal-Mart Stores East, LP waiver sent on 10/23/2019, answer due 12/22/2019; Par Pharmaceutical Companies, Inc. waiver sent on 10/23/2019, answer due 12/22/2019; Par Pharmaceutical, Inc. waiver sent on 10/23/2019, answer due 12/22/2019; Mallinckrodt, LLC waiver sent on 10/23/2019, answer due 12/22/2019; Mallinckrodt, PLC waiver sent on 10/23/2019, answer due 12/22/2019; Prescription Supply, Inc. waiver sent on 10/23/2019, answer due 12/22/2019; SpecGX LLC waiver sent on 10/23/2019, answer due 12/22/2019; Walgreen Co. waiver sent on 10/23/2019, answer due 12/22/2019; Walgreen Eastern Co., Inc. waiver sent on 10/23/2019, answer due 12/22/2019; Walgreens Boots Alliance, Inc. waiver sent on 10/23/2019, answer due 12/22/2019; Health Mart Systems, Inc. waiver sent on 10/23/2019, answer due 12/22/2019; Rite Aid of Maryland, Inc. waiver sent on 10/23/2019, answer due 12/22/2019 filed on behalf of All Plaintiffs (Brustowicz, Celeste) |
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Order [non-document] - Ashley Poe's Motion to Intervene as Plaintiff and Class Representative #32 is denied. The Court finds the Motion is untimely under Rule 24 and in light of the Courts previous orders regarding extensions of time for amendment of class action complaints. The Court further denies as moot #36 Defendants' Motion to seal unredacted versions of the Opposition. Judge Dan Aaron Polster on 3/20/20.(P,R)
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| Filing 37 Attorney Appearance by Emily S. Ullman filed by on behalf of McKesson Corporation. (Ullman, Emily) |
| Filing 36 Motion to seal document unredacted versions of the 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, AmerisourceBergen Corporation, Cardinal Health Inc., Cephalon, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals Inc., Janssen Pharmaceutica Inc., Janssen Pharmaceuticals Inc., Johnson & Johnson, McKesson Corporation, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Teva Pharmaceutical Industries Ltd., Watson Laboratories Inc.. (Attachments: #1 Pleading Declaration of Emily Ullman, #2 Exhibit A--Poe Sealing Emails)(Ullman, Emily) |
| Filing 35 Reply in support of #32 Motion to intervene as a party as a Plaintiff and Class Representative (Corrected) filed by Michelle Frost. (Attachments: #1 Exhibit A-Declaration of Marc E. Dann)(Dann, Marc) |
| Filing 34 Filing Error - Attorney to Refile Corrected Document. Reply in support of #32 Motion to intervene as a party as a Plaintiff and Class Representative filed by Michelle Frost. (Attachments: #1 Exhibit A-Declaration of Marc E. Dann)(Dann, Marc) Modified on 3/6/2020 (K,K). |
| Filing 33 Opposition to #32 Motion to intervene as a party as a Plaintiff and Class Representative filed by Actavis LLC, Actavis Pharma, Inc., Allergan PLC, AmerisourceBergen Corporation, Cardinal Health Inc., Cephalon, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals Inc., Janssen Pharmaceutica Inc., Janssen Pharmaceuticals Inc., Johnson & Johnson, McKesson Corporation, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Teva Pharmaceutical Industries Ltd., Watson Laboratories Inc.. (Attachments: #1 Pleading Declaration of Emily Ullman, #2 Exhibit A Sept. 28, 2019 Email, #3 Exhibit B Doyle Deposition Transcript, #4 Exhibit C Feb. 6, 2020 Frost Email, #5 Exhibit D Feb. 6, 2020 Howell Email, #6 Exhibit E Poe Fact Sheet, #7 Exhibit F Poe Interrogatory Responses, #8 Exhibit G Poe Records)(Lynch, Mark) |
| Filing 32 Motion to intervene as a party as a Plaintiff and Class Representative filed by Plaintiff Michelle Frost. (Attachments: #1 Brief in Support, #2 Complaint (Proposed) Intervening Class Action Complaint, #3 Proposed Order)(Dann, Marc) |
| Filing 31 Notice of Voluntary Dismissal Under FRCP 41(a)(1)(A)(i) filed by Plaintiff Stephanie Howell. (P,R) . |
| Filing 30 Second Amended complaint against All Defendants and adding new party plaintiff(s) Michelle Frost and Stephanie Howell. Filed by Michelle Frost, Stephanie Howell. (Dann, Marc) |
| Filing 29 Notice of Compliance With Scheduling Order Doc. 2738 - NAS Plaintiffs' Fact Sheets and Responsive Documents filed by All Plaintiffs. (Brustowicz, Celeste) |
| Filing 28 Notice of Compliance With Scheduling Order Doc. 2738 filed by All Plaintiffs. (Attachments: #1 Expert CV, #2 Expert CV, #3 Expert CV)(Brustowicz, Celeste) |
| Filing 27 Notice of Compliance With Scheduling Order Doc 2738 filed by All Plaintiffs. (Brustowicz, Celeste) |
| Filing 26 Attorney Appearance by Sara E. Silva filed by on behalf of Indivior, Inc.. (Silva, Sara) |
| Filing 25 Attorney Appearance by Maria R. Durant filed by on behalf of Indivior, Inc.. (Durant, Maria) |
| Filing 24 Attorney Appearance by Safa W. Osmani filed by on behalf of Indivior, Inc.. (Osmani, Safa) |
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Filing 23
Order granting in part Plaintiffs' Motion to Reconsider (Related Doc # 1797 in 1:17md2804). Plaintiffs' Motion to Certify due 8/23/19, Defendants' single, joint response due 9/23/19, Plaintiffs' reply due 10/7/19. Judge Dan Aaron Polster on 7/11/19. (P,R)
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| Filing 22 Attorney Appearance by Mark H. Lynch filed by on behalf of McKesson Corporation. (Lynch, Mark) |
| Filing 21 Notice of Withdrawal of Brian J. Laliberte filed by McKesson Corporation. (Laliberte, Brian) |
| Filing 20 Supplemental Amended complaint against All Defendants and adding new party defendant(s) DEPOMED, INC.; MALLINCKRODT LLC; MALLINCKRODT PLC; SPECGX LLC; INSYS THERAPEUTICS, INC.; PAR PHARMACEUTICAL, INC.; PAR PHARMACEUTICAL COMPANIES, INC.; NORAMCO, INC.; INDIVIOR, INC.; CVS HEALTH CORPORATION; RITE AID OF MARYLAND, INC.; RITE AID CORP.; WALGREENS BOOTS ALLIANCE, INC.; WALGREEN EASTERN CO.; WALGREEN CO.; WAL-MART INC. f/k/a WALMART STORES, INC.; MIAMI-LUKEN, INC.; COSTCO WHOLESALE CORPORATION; LINDEN CARE, LLC; THE KROGER CO.; H.D. SMITH, LLC; H.D. SMITH HOLDINGS, LLC; H.D. SMITH HOLDING COMPANY; ANDA, INC.; RICHARD S. SACKLER; JONATHON D. SACKLER; MORTIMER D.A. SACKLER; KATHER A. SACKLER; ILENE SACKLER LEFCOURT; BEVERLY SACKLER; THERESA SACKLER; DAVID A. SACKLER; RHODES TECHNOLOGIES; RHODES TECHNOLOGIES INC.; RHODES PHARACEUTICALS L.P.; RHODES PHARMACEUTICALS INC.; TRUST FOR THE BENEFIT OF MEMBERS OF THE RAYMOND SACKLER FAMILY; THE P.F. LABORATORIES, INC.. Filed by Erin Doyle. (Wussow, Stephen) |
| Filing 19 Attorney Appearance by Stephen Wussow filed by on behalf of All Plaintiffs. (Wussow, Stephen) |
| Filing 18 Attorney Appearance by Celeste Brustowicz filed by on behalf of All Plaintiffs. (Brustowicz, Celeste) |
| Filing 17 CASE TRANSFERRED IN from District of Ohio Southern. Case number 2:18-cv-00719. Original file, certified copy of transfer order and docket sheet received. |
| Filing 16 TRANSFER ORDER- MDL No. 2804: It is ORDERED that this action is transferred to the Northern District of Ohio. Signed by the Panel on Multidistrict Litigation. (er) [Transferred from ohsd on 12/13/2018.] |
| Case transferred to District of Ohio Northern. Case file and docket sheet sent Electronically. (er) [Transferred from ohsd on 12/13/2018.] |
| Filing 15 NOTICE of Substitution of Counsel - Brian J Laliberte substituting for Alana Valle Tanoury as to Defendant McKesson Corporation. (Laliberte, Brian) [Transferred from ohsd on 12/13/2018.] |
| Filing 14 NOTICE of Service by Plaintiff Erin Doyle. (Attachments: #1 MDL Motion for Transfer of Actions, #2 MDL Brief in Support of Motion, #3 MDL Schedule of Actions) (er) [Transferred from ohsd on 12/13/2018.] |
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Filing 13
ORDER Granting #11 Consent Motion for Extension of Time to respond to Plts' Complaint. Signed by Magistrate Judge Elizabeth Preston Deavers on 7/31/2018. (sln)(This document sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification. Also sent via email to counsel listed on complaint.) [Transferred from ohsd on 12/13/2018.]
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| Filing 12 Mail Returned as Undeliverable. Mail sent to Erin Doyle. Content inside included a copy of Doc. #10 . (daf) [Transferred from ohsd on 12/13/2018.] |
| Filing 11 Consent MOTION for Extension of Time New date requested 10/1/2018. Manufacturer Defendants' Consent Motion for Extension of Time to Respond to Plaintiffs' Complaint by Defendant Endo Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order) (Rendon, Carole) [Transferred from ohsd on 12/13/2018.] |
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Filing 10
ORDER Granting #9 Distributor Defendants' Consent Motion for Extension of Time to Respond to Plaintiffs' Complaint. Signed by Magistrate Judge Elizabeth Preston Deavers on 7/26/2018. (sln)(This document sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification. Also sent via email to counsel listed on complaint.) [Transferred from ohsd on 12/13/2018.]
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| Filing 9 Consent MOTION for Extension of Time to Respond to Plaintiffs' Complaint by Defendants AmerisourceBergen Corporation, Cardinal Health, Inc., McKesson Corporation. (Attachments: #1 Text of Proposed Order) (Holzhall, Vincent) Modified text on 7/26/2018 (jlk). [Transferred from ohsd on 12/13/2018.] |
| Filing 8 Corporate Disclosure Statement by Defendant McKesson Corporation. (Holzhall, Vincent) [Transferred from ohsd on 12/13/2018.] |
| Filing 7 NOTICE of Appearance by Alana Valle Tanoury for Defendant McKesson Corporation (Tanoury, Alana) [Transferred from ohsd on 12/13/2018.] |
| Filing 6 NOTICE of Appearance by Vincent I Holzhall for Defendant McKesson Corporation (Holzhall, Vincent) [Transferred from ohsd on 12/13/2018.] |
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Filing 5
RELATED CASE MEMORANDUM ORDER: The judges agree that this case and case number 2:17-cv-662 ARE related. Case reassigned to Chief Judge Edmund A. Sargus and Magistrate Judge Elizabeth Preston Deavers for all further proceedings. Signed by Chief Judge Edmund A. Sargus and Judge Michael H. Watson on 7/23/2018. (ew) [Transferred from ohsd on 12/13/2018.]
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| Filing 3 COMPLAINT with JURY DEMAND against All Defendants originally filed in Ross County Court of Common Pleas on 5/9/2018 by Erin Doyle. (ew) [Transferred from ohsd on 12/13/2018.] |
| Filing 2 Corporate Disclosure Statement by Defendants Endo Pharmaceuticals, Inc., Endo International plc identifying Corporate Parent Endo International plc for Endo Pharmaceuticals, Inc... (Rendon, Carole) [Transferred from ohsd on 12/13/2018.] |
| Filing 1 NOTICE OF REMOVAL from Court of Common Pleas, Ross County, Ohio, case number 18CI000201 ( Filing fee $ 400 paid - receipt number: 0648-6527565), filed by Endo Pharmaceuticals, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - MDL Transfer Order, #3 Exhibit 2 - Service Papers, #4 Exhibit 3 - State Court Docket) (Rendon, Carole) [Transferred from ohsd on 12/13/2018.] |
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