City of Ogdensburg v. Purdue Pharma L.P. et al
| The City of Ogdensburg |
| Express Scripts Holding Company, Mylan Pharmaceuticals Inc., McKesson Corporation, Mallinckrodt PLC, Rite Aid of Maryland, Kinray, LLC, Stuart D. Baker, Navitus Health Solutions, LLC, Walgreen Co., Bellco Drug Corp., The P.F. Laboratories, Inc., Anda Inc, Ilene Sackler Lefcourt, AmerisourceBergen Drug Corporation, Henry Schein Inc., Noramco Inc, Jonathan D. Sackler, Actavis Inc, Morris & Dickson Co LLC, Blenheim Pharmacal Inc., Amneal Pharmaceuticals, Inc., Rhodes Pharmaceuticals Inc., Theresa Sackler, Actavis LLC, RHODES TECHNOLOGIES, David A. Sackler, PSS World Medical Inc., Purdue Pharma Inc, Cardinal Health Inc., Optum, Inc., Endo Health Solutions Inc., Prime Therapeutics, LLC, Miami-Luken Inc, CaremarkPCS, L.L.C., MORTIMER SACKLER FAMILY, Purdue Frederick Company Inc., Darby Group Companies, Inc., SAJ Distributors, The Kroger Co., Rhodes Pharmaceuticals L.P., American Medical Distributors, Inc., Janssen Pharmaceutica Inc., Purdue Pharma L.P., Mallinckrodt LLC, Smith Drug Company, HBC Service Company, Allergan PLC, Navitus Holdings, LLC, Teva Pharmaceuticals USA, Inc., Rochester Drug Co-Operative, Inc., Endo Pharmaceuticals Inc., Value Drug Company, Cephalon Inc., Caremark Rx, L.L.C., OptumRx Inc., Par Pharmaceutical Companies, Inc., CVS Health Corporation, Kathe A. Sackler, West-Ward Pharmaceuticals Corp., SpecGX LLC, Walgreens Boots Alliance Inc., Sandoz Inc., Beverly Sackler, Richard S. Sackler, Discount Drug Mart, Inc., CaremarkPCS Health, L.L.C., Insys Therapeutics, Inc., Wal-Mart Inc., Watson Laboratories Inc., Janssen Pharmaceuticals Inc., Caremark LLC, Trust for the Benefit of Members of the Raymond Sackler Family, Ortho-Mcneil-Janssen Pharmaceuticals Inc., Henry Schein Medical Systems, Inc., Actavis Pharma, Inc., Raymond Sackler Family, Rhodes Technologies Inc., Mortimer D.A. Sackler, Publix Supermarkets, Inc., Walgreen Eastern Co., Johnson & Johnson, Par Pharmaceutical, Inc., Express Scripts Inc., Rite Aid Corp., JOHN N KAPOOR, UnitedHealth Group Incorporated and Eveready Wholesale Drugs Ltd |
| 1:2019op45852 |
| October 17, 2019 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster (MDL 2804) |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 5, 2019. A more recent docket listing may be available from PACER.
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| Filing 86 Notice of Dismissal Under FRCP 41(a)(1) against Defendant Discount Drug Mart, Inc. filed by The City of Ogdensburg. (Badala, Salvatore) |
| Filing 85 Attorney Appearance by Salvatore C. Badala filed by on behalf of The City of Ogdensburg. (Badala, Salvatore) |
| Filing 84 Attorney Appearance by Joseph L. Ciaccio filed by on behalf of The City of Ogdensburg. (Ciaccio, Joseph) |
| Filing 83 Attorney Appearance by Shayna Erin Sacks filed by on behalf of The City of Ogdensburg. (Sacks, Shayna) |
| Filing 82 CASE TRANSFERRED IN from District of New York Northern. Case number 8:19-cv-00782. Original file, certified copy of transfer order and docket sheet received. |
| Filing 81 JPMDL TRANSFER ORDER. Case is ordered transferred to Northern District of Ohio for inclusion into MDL-2804 National Prescription Opiate Litigation. Case to be assigned to the Hon. Dan A. Polster, U.S. District Judge. (plp) [Transferred from nynd on 10/17/2019.] |
| Filing 80 NOTICE of Appearance by Charles E. Graney on behalf of Value Drug Company (Graney, Charles) [Transferred from nynd on 10/17/2019.] |
Filing 79
TEXT ORDER granting #64 MOTION for a Stay of this case filed by Defendants. This matter is STAYED pending a final decision by the Judicial Panel on Multi-District Litigation (JPML) regarding whether this matter should be transferred to MDL No. 2804. See, e.g., Brockel ex. rel. Brockel v. Purdue Pharma L.P., 2018 WL 3113912 (S.D. Ala. 2018) (finding entry of a discretionary stay warranted to allow the [JPML] proceedings (specifically any rulings regarding the motion to vacate the conditional transfer order) to continue before resolving pending motion to remand). If so, the pending remand motion can be presented to and decided by the transferee judge. In re Prudential Ins. Co. of Am. Sales Practice Litig., 170 F. Supp. 2d 1346 (J.P.M.L. 2001) (rejecting plaintiffs attempt to vacate conditional transfer order because, inter alia, his remand motion remained pending). If not, the Court will consider the motion upon termination of the stay. Parties are directed to file a status report in 90 days unless transfer occurs before then. So Ordered by Judge David N. Hurd on 9/10/2019. (ptm) [Transferred from nynd on 10/17/2019.]
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Filing 78
ORDER granting #75 Consent Motion for Extension of Time. The time for Defendant Mylan Pharmaceuticals Inc. to answer, move or otherwise respond to the Complaint in this matter is extended until sixty (60) days following: 1) This Court's ruling on Plaintiff's motion to remand, or 2) A final decision by the JPML on transfer of this action to the Opiate MDL, whichever is later. Signed by Magistrate Judge Daniel J. Stewart on 9/10/2019. (mab) [Transferred from nynd on 10/17/2019.]
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Filing 77
ORDER granting #70 Consent Motion for Extension of Time. The time for Defendant John N. Kapoor to answer, move or otherwise respond to the Complaint in this matter is extended until sixty (60) days following: 1) This Court's ruling on Plaintiffs motion to remand, or 2) A final decision by the JPML on transfer of this action to the Opiate MDL, whichever is later. Signed by Magistrate Judge Daniel J. Stewart on 9/10/2019. (mab) [Transferred from nynd on 10/17/2019.]
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| Set Deadlines: Status Report due by Monday, December 9, 2019. (ptm) [Transferred from nynd on 10/17/2019.] |
| Filing 76 RESPONSE in Opposition re #64 MOTION to Stay filed by The City of Ogdensburg. (Attachments: #1 Declaration, #2 Exhibit(s) 1- MDL Order Regarding Remands)(Shkolnik, Hunter) [Transferred from nynd on 10/17/2019.] |
| Filing 75 Letter Motion from Phoebe A. Wilkinson for Mylan Pharmaceuticals, Inc. requesting that the time for Mylan Pharmaceuticals, Inc. to answer, move, or otherwise respond to the Complaint, and to conduct the FRCP 26(f) planning conference be extended until sixty (60) days following: (1) this Courts ruling on any motion to remand, or (2) a final decision by the Judicial Panel on Multidistrict Litigation on transfer of this action to the multidistrict litigation for opioid-related actions, whichever is later submitted to Judge David N. Hurd . (Wilkinson, Phoebe) [Transferred from nynd on 10/17/2019.] |
| Filing 74 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Mylan Pharmaceuticals, Inc. identifying Corporate Parent Mylan Inc., Corporate Parent Mylan N.V. for Mylan Pharmaceuticals, Inc... (Wilkinson, Phoebe) [Transferred from nynd on 10/17/2019.] |
| Filing 73 NOTICE of Appearance by Phoebe A. Wilkinson on behalf of Mylan Pharmaceuticals, Inc. (Wilkinson, Phoebe) [Transferred from nynd on 10/17/2019.] |
| Filing 72 REPLY to Response to Motion re #30 MOTION to Remand to State Court filed by The City of Ogdensburg. (Attachments: #1 Exhibit(s) 1- MDL Order Regarding Remands)(Shkolnik, Hunter) [Transferred from nynd on 10/17/2019.] |
| Filing 71 NOTICE of Admission Requirement as to Party Value Drug Company; Attorney Charles E. Graney, Email address is tgraney@websterszanyi.com. Phone number is (716) 842-2800; Attorney James R. Hankle, Email address is jrh@sgkpc.com. Phone number is (412) 355-0200; Attorney Nicholas L. Fiske, Email address is nlf@sgkpc.com. Phone number is (412) 355-0200, Attorney Marjorie F. Bagnato, Email address is mfb@sgkpc. Phone number is (412) 355-0200.Admissions due by 9/17/2019. [Copy of Notice emailed to Attorney Graney, Attorney Hankle, Attorney Fiske and Attorney Bagnato on 9/3/2019.](hmr) [Transferred from nynd on 10/17/2019.] |
| CLERK'S CORRECTION OF DOCKET ENTRY re #60 Response in Opposition to Motion, Clerk added "CVS Health Corporation, Caremark RX, L.L.C., CaremarkPCS Health L.L.C., Caremark, L.L.C., CaremarkPCS, LLC, UnitedHealth Group Incorporated, Optum, Inc., OptumRX Inc., Prime Therapeutics LLC, Navitus Holdings, LLC and Navitus Health Solutions, LLC" to this docket entry. (hmr) [Transferred from nynd on 10/17/2019.] |
| Filing 70 MOTION for Extension of Time to File Answer filed by John N. Kapoor. (Attachments: #1 Exhibit(s) A) Motions referred to Daniel J. Stewart. (Walker, Kacey) [Transferred from nynd on 10/17/2019.] |
| Filing 69 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by CVS Health Corporation. (Naunton, Shawn) [Transferred from nynd on 10/17/2019.] |
| Filing 68 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by CaremarkPCS Health, L.L.C. identifying Corporate Parent CVS Health Corporation for CaremarkPCS Health, L.L.C... (Naunton, Shawn) [Transferred from nynd on 10/17/2019.] |
| Filing 67 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by CaremarkPCS, L.L.C. identifying Corporate Parent CVS Health Corporation for CaremarkPCS, L.L.C... (Naunton, Shawn) [Transferred from nynd on 10/17/2019.] |
| Filing 66 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Caremark Rx, L.L.C. identifying Corporate Parent CVS Health Corporation for Caremark Rx, L.L.C... (Naunton, Shawn) [Transferred from nynd on 10/17/2019.] |
| Filing 65 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Caremark L.L.C. identifying Corporate Parent CVS Health Corporation for Caremark L.L.C... (Naunton, Shawn) [Transferred from nynd on 10/17/2019.] |
| Filing 64 MOTION for a Stay of this case filed by Defendants. (Attachments: #1 Memorandum of Law, #2 Declaration of Adriana Riviere-Badell, #3 Proposed Order/Judgment). Motions referred to Daniel J. Stewart. (mab) [Transferred from nynd on 10/17/2019.] |
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Filing 63
TEXT ORDER: On August 7, 2019, Defendants filed a Letter Request seeking a conference to address their intent to file a Motion for a Stay in this matter. Dkt. No. #39 . On August 27, 2019, Defendants filed a Letter Request seeking permission to file a Motion for a Stay and attached a proposed motion for the Court's consideration. Dkt. No. #59 . Defendants' request to file their attached Motion for a Stay is GRANTED and the Clerk of the Court is directed to file such motion on the case docket. Defendants' previous request seeking a conference is DENIED as moot. SO ORDERED by Magistrate Judge Daniel J. Stewart on 8/29/2019. (mab) [Transferred from nynd on 10/17/2019.]
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| TEXT NOTICE as to Defendants' #64 MOTION for a Stay. Plaintiff is to file a response to the motion by 9/6/2019. Pursuant to N.Y.N.D.L.R. 7.1 (b)(2), a Reply is not permitted without permission of the Court. The motion is returnable before Magistrate Judge Daniel J. Stewart and is on SUBMIT only. No personal appearances are required unless otherwise ordered by the Court. (mab) [Transferred from nynd on 10/17/2019.] |
| Filing 62 NOTICE of Appearance by Timothy Hudson on behalf of Navitus Health Solutions, LLC, Navitus Holdings, LLC (Hudson, Timothy) [Transferred from nynd on 10/17/2019.] |
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Filing 61
TEXT ORDER granting #54 Motion for Limited Admission Pro Hac Vice. Attorney Brian D. Boone is hereby admitted to practice in this action on behalf of Defendants Optum, Inc., OptumRx, Inc., and UnitedHealth Group Incorporated. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 8/28/2019. (mab) [Transferred from nynd on 10/17/2019.]
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| Filing 60 RESPONSE in Opposition re #30 MOTION to Remand to State Court filed by Express Scripts, Inc., CVS Health Corporation, Caremark RX, L.L.C., CaremarkPCS Health L.L.C., Caremark, L.L.C., CaremarkPCS, LLC, UnitedHealth Group Incorporated, Optum, Inc., OptumRX Inc., Prime Therapeutics LLC, Navitus Holdings, LLC and Navitus Health Solutions, LLC. (Attachments: #1 Declaration of Adriana Riviere-Badell, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7)(Riviere-Badell, Adriana) Modified on 9/3/2019 (hmr). [Transferred from nynd on 10/17/2019.] |
| Filing 59 Letter Motion for Express Scripts, Inc. requesting permission to file a motion to temporarily stay all proceedings submitted to Judge Daniel J. Stewart . (Attachments: #1 Proposed Notice of Motion to Stay All Proceedings, #2 Memorandum in Support of Proposed Motion to Stay, #3 Declaration and Exhibits in Support of Proposed Motion to Stay, #4 Proposed Order Granting Motion to Stay)(Swette, Alexandria) [Transferred from nynd on 10/17/2019.] |
| Filing 58 RESPONSE in Opposition re #30 MOTION to Remand to State Court (i.e., Memorandum w/attached Certificate of Service) filed by Value Drug Company. (Lane, Thomas) [Transferred from nynd on 10/17/2019.] |
| Filing 57 NOTICE of Appearance by Julian W. Park on behalf of Express Scripts Holding Company, Express Scripts, Inc. (Park, Julian) [Transferred from nynd on 10/17/2019.] |
| Filing 56 NOTICE of Appearance by Alana Montas on behalf of Express Scripts Holding Company, Express Scripts, Inc. (Montas, Alana) [Transferred from nynd on 10/17/2019.] |
| Filing 55 NOTICE of Appearance by Adriana Riviere-Badell on behalf of Express Scripts Holding Company, Express Scripts, Inc. (Riviere-Badell, Adriana) [Transferred from nynd on 10/17/2019.] |
| Filing 54 MOTION for Limited Admission Pro Hac Vice of Brian D. Boone Filing fee $100, receipt number ANYNDC-4847739. filed by Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated. (Attachments: #1 Declaration of Steven L. Penaro, #2 E-Filing Registration Form, #3 Petition of Brian D. Boone, #4 Certificates of Good Standing, #5 Proposed Order) Motions referred to Daniel J. Stewart. (Penaro, Steven) [Transferred from nynd on 10/17/2019.] |
| Filing 53 STIPULATION regarding Service of the Summons and Complaint by CVS Health Corporation, Caremark L.L.C., Caremark Rx, L.L.C., CaremarkPCS Health, L.L.C., CaremarkPCS, L.L.C. submitted to Judge David N. Hurd. (Naunton, Shawn) [Transferred from nynd on 10/17/2019.] |
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Filing 52
ORDER granting #48 Consent Motion for Extension of Time. The time for Defendant Value Drug Company to answer, move or otherwise respond to the Complaint in this matter and to conduct the 26(f) planning conference is extended until sixty (60) days following: 1) A final decision by the JPML on transfer of this action to the Opiate MDL; or 2) This Court's ruling on Plaintiffs motion to remand, whichever is later. Signed by Magistrate Judge Daniel J. Stewart on 8/21/2019. (mab) [Transferred from nynd on 10/17/2019.]
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Filing 51
TEXT ORDER granting #46 Motion for Limited Admission Pro Hac Vice. Attorney Caroline R. Strumph is hereby admitted to practice in this action on behalf of Defendants Optum, Inc., OptumRx, Inc., and UnitedHealth Group Incorporated. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 8/21/2019. (mab) [Transferred from nynd on 10/17/2019.]
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Filing 50
TEXT ORDER granting #45 Motion for Limited Admission Pro Hac Vice. Attorney Kim K. Chemerinsky is hereby admitted to practice in this action on behalf of Defendants Optum, Inc., OptumRx, Inc., and UnitedHealth Group Incorporated. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 8/21/2019. (mab) [Transferred from nynd on 10/17/2019.]
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Filing 49
TEXT ORDER granting #43 Motion for Limited Admission Pro Hac Vice. Attorney Timothy E. Hudson is hereby admitted to practice in this action on behalf of Defendants Navitus Holdings, LLC and Navitus Health Solutions, LLC. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 8/21/2019. (mab) [Transferred from nynd on 10/17/2019.]
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| Filing 48 Letter Motion from Thomas S. Lane for Value Drug Company requesting that the Court grant this application on consent and enter an order extending the time for Value Drug Company to answer, move, or otherwise respond to the Complaint and to conduct the Rule 26(f) planning conference until 60 days following: (1) a final decision by the JPML on transfer of this action to the Opiate MDL; or (2) this Courts ruling on Plaintiffs motion to remand, whichever is later submitted to Judge Daniel J. Stewart . (Attachments: #1 Proposed Order/Judgment Ex A)(Lane, Thomas) [Transferred from nynd on 10/17/2019.] |
| Filing 47 NOTICE of Appearance by Thomas S. Lane on behalf of Value Drug Company (Lane, Thomas) [Transferred from nynd on 10/17/2019.] |
| Filing 46 MOTION for Limited Admission Pro Hac Vice of Caroline R. Strumph Filing fee $100, receipt number ANYNDC-4844314. filed by Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated. (Attachments: #1 Declaration of Steven L. Penaro, #2 E-Filing Registration Form, #3 Petition of Caroline R. Strumph, #4 Certificate of Good Standing) Motions referred to Daniel J. Stewart. (Penaro, Steven) [Transferred from nynd on 10/17/2019.] |
| Filing 45 MOTION for Limited Admission Pro Hac Vice of Kim K. Chemerinsky Filing fee $100, receipt number ANYNDC-4844267. filed by Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated. (Attachments: #1 Declaration of Kim K. Chemerinsky, #2 E-Filing Registration Form, #3 Petition of Kimberly K. Chemerinsky, #4 Certificate of Good Standing) Motions referred to Daniel J. Stewart. (Penaro, Steven) [Transferred from nynd on 10/17/2019.] |
| Filing 44 NOTICE of Appearance by Kacey E. Walker on behalf of John N. Kapoor (Walker, Kacey) [Transferred from nynd on 10/17/2019.] |
| Filing 43 MOTION for Limited Admission Pro Hac Vice of Timothy E. Hudson Filing fee $100, receipt number ANYNDC-4838096. filed by Navitus Health Solutions, LLC, Navitus Holdings, LLC. (Attachments: #1 Exhibit(s) A - Petition, #2 Exhibit(s) B - Sponsor Declaration, #3 Exhibit(s) C - Attorney Registration, #4 Proposed Order/Judgment) Motions referred to Daniel J. Stewart. (Davis, Nicholas) [Transferred from nynd on 10/17/2019.] |
| Filing 42 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Navitus Health Solutions, LLC, Navitus Holdings, LLC identifying Corporate Parent Dean Health Systems, Inc., Corporate Parent FPP, Inc., Corporate Parent SSM Health Care Corporation for Navitus Health Solutions, LLC, Navitus Holdings, LLC.. (Davis, Nicholas) [Transferred from nynd on 10/17/2019.] |
| Filing 41 RESPONSE TO LETTER BRIEF filed by Prime Therapeutics LLC as to #9 Notice of Admission Requirement, . (Farrar, Jillian) [Transferred from nynd on 10/17/2019.] |
| Filing 40 NOTICE of Appearance by Jillian K. Farrar on behalf of Prime Therapeutics LLC (Farrar, Jillian) [Transferred from nynd on 10/17/2019.] |
| Filing 39 Letter Motion from Defendant Express Scripts, Inc. and Plaintiff City of Ogdensburg for Express Scripts, Inc. requesting Conference concerning a non-dispositive motion under Local Rule 7.1(b)(2) submitted to Judge Daniel J. Stewart . (Swette, Alexandria) [Transferred from nynd on 10/17/2019.] |
| Filing 38 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by AmerisourceBergen Drug Corporation, Bellco Drug Corp. identifying Corporate Parent AmerisourceBergen Corporation, Corporate Parent AmerisourceBergen Services Corporation for AmerisourceBergen Drug Corporation, Bellco Drug Corp... (Asfendis, Paul) [Transferred from nynd on 10/17/2019.] |
| Filing 37 NOTICE of Appearance by Paul E. Asfendis on behalf of AmerisourceBergen Drug Corporation, Bellco Drug Corp. (Asfendis, Paul) [Transferred from nynd on 10/17/2019.] |
| Filing 36 NOTICE of Appearance by Steven G Kobre on behalf of Express Scripts Holding Company, Express Scripts, Inc. (Kobre, Steven) [Transferred from nynd on 10/17/2019.] |
| Filing 35 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Cardinal Health Inc.. (Wicks, James) [Transferred from nynd on 10/17/2019.] |
| Filing 34 NOTICE of Appearance by James M. Wicks on behalf of Cardinal Health Inc. (Wicks, James) [Transferred from nynd on 10/17/2019.] |
| Filing 33 LETTER BRIEF in Opposition to Plaintiff's Letter Motion for Expedited Hearing on Motion to Remand by Express Scripts, Inc.. (Swette, Alexandria) [Transferred from nynd on 10/17/2019.] |
| TEXT NOTICE: The Rule 16 Initial Conference set for August 20, 2019 before Magistrate Judge Daniel J. Stewart and the deadline for the parties to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date at this time. (mab) [Transferred from nynd on 10/17/2019.] |
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Filing 32
ORDER granting #29 Consent Motion for Extension of Time. The time for Defendants CVS Health Corporation, Caremark Rx, L.L.C, CaremarkPCS Health, L.L.C., Caremark L.L.C., CaremarksPCS, L.L.C., Walgreen Co., Walgreen Eastern Co., Walgreens Boots Alliance, Inc., Rite Aid Corporation, Rite Aid of Maryland, Inc., Wal-Mart Inc., Prime Therapeutics LLC, Navitus Holdings, LLC, Navitus Health Solutions, LLC, UnitedHealth Group Incorporated, Optum, Inc., OptumRx Inc., Express Scripts Holding Company, Express Scripts, Inc., and Anda, Inc., to answer, move or otherwise respond to the Complaint in this matter and to conduct the 26(f) planning conference is extended until thirty (30) days following: 1)A final decision by the JPML on transfer of this action to the Opiate MDL; or 2)This Court's ruling on Plaintiff's motion to remand, whichever is later. Signed by Magistrate Judge Daniel J. Stewart on 8/1/2019. (mab) [Transferred from nynd on 10/17/2019.]
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| Filing 31 Letter Motion for The City of Ogdensburg requesting Expedited Hearing on its Motion to Remand submitted to Judge David N. Hurd . (Shkolnik, Hunter) [Transferred from nynd on 10/17/2019.] |
| Filing 30 MOTION to Remand to State Court Motion Hearing set for 9/13/2019 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 8/27/2019 Reply to Response to Motion due by 9/3/2019. filed by The City of Ogdensburg. (Attachments: #1 Memorandum of Law, #2 Declaration, #3 Exhibit(s) Summons and Complaint, #4 Exhibit(s) 2017 NY Transfer Order) (Shkolnik, Hunter) [Transferred from nynd on 10/17/2019.] |
| Filing 29 Consent Letter Motion from Shawn P. Naunton for CVS Health Corporation, Caremark L.L.C., Caremark Rx, L.L.C., CaremarkPCS Health, L.L.C., CaremarkPCS, L.L.C. requesting Extension of Time to Answer, Move of Otherwise Respond to Complaint and To Conduct Fed. R. Civ. P. 26(f) Conference submitted to Judge David N. Hurd on behalf of CVS Health Corporation, Caremark Rx, L.L.C., Caremark, L.L.C., CaremarkPCS Health, L.L.X., CaremarkPCS, L.L.C., Walgreen Co.; Walgreen Eastern Co.; Walgreens Boots Alliance, Inc.; Rite Aid Corporation and Rite Aid of Maryland, Inc. d/b/a Rite Aid Mid Atlantic Customer Support Center; Walmart Inc., Prime Therapeutics LLC, Navitus Holdings, LLC, Navitus Health Solutions, LLC, UnitedHealth Group Incorporated, Optum, Inc., OptumRx, Inc., Express Scripts Holding Company, Express Scripts, Inc., and Anda, Inc.. (Attachments: #1 Exhibit(s) A (Proposed Order Extending Time to Answer, Move of Otherwise Respond to Complaint and To Conduct Fed. R. Civ. P. 26(f) Conference))(Naunton, Shawn) [Transferred from nynd on 10/17/2019.] |
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Filing 28
ORDER granting #27 Consent Motion for an Extension of Time. The time for Defendants Cardinal Health Inc., AmerisourceBergen Drug Corporation, Bellco Drug Corp., McKesson Corporation and PSS World Medical, Inc., to answer, move or otherwise respond to the Complaint in this matter and to conduct the 26(f) planning conference is extended until sixty (60) days following: 1) The Court's ruling on any motions to remand or 2) A final decision by the JPML on transfer of this action to the Opiate MDL, whichever is later. Signed by Magistrate Judge Daniel J. Stewart on 7/29/2019. (mab) [Transferred from nynd on 10/17/2019.]
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| Filing 27 Consent Letter Motion from James M. Wicks for Cardinal Health Inc. requesting Extension of Time to Answer, Move, or Otherwise Respond to Complaint and to Conduct Fed. R. Civ. P. 26(f) Conference, submitted to Judge David N. Hurd . (Attachments: #1 Exhibit(s) A - [Proposed] Order Extending Time to Answer, Move, or Otherwise Respond to Complaint and to Conduct Fed. R. Civ. P. 26(f) Conference,)(Wicks, James) [Transferred from nynd on 10/17/2019.] |
| Filing 26 NOTICE of Appearance by Nicholas S Davis on behalf of Navitus Health Solutions, LLC, Navitus Holdings, LLC (Davis, Nicholas) [Transferred from nynd on 10/17/2019.] |
| Filing 25 Letter from Attorney Tim Hudson re: #8 Notice of Admission Requirement and #10 Notice of Admission Requirement by Navitus Health Solutions, LLC, Navitus Holdings, LLC. (hmr) [Transferred from nynd on 10/17/2019.] |
| Filing 24 NOTICE of Appearance by Shawn Patrick Naunton on behalf of CVS Health Corporation, Caremark L.L.C., Caremark Rx, L.L.C., CaremarkPCS Health, L.L.C., CaremarkPCS, L.L.C. (Naunton, Shawn) [Transferred from nynd on 10/17/2019.] |
| Filing 23 NOTICE by Express Scripts Holding Company, Express Scripts, Inc. re #12 Notice of Admission Requirement, #15 Notice of Admission Requirement, #5 Notice of Admission Requirement, of Counsel of Record (Swette, Alexandria) [Transferred from nynd on 10/17/2019.] |
| Filing 22 NOTICE of Appearance by Matthew I. Menchel on behalf of Express Scripts Holding Company, Express Scripts, Inc. (Menchel, Matthew) [Transferred from nynd on 10/17/2019.] |
| Filing 21 NOTICE of Appearance by Alexandria Swette on behalf of Express Scripts Holding Company, Express Scripts, Inc. (Swette, Alexandria) [Transferred from nynd on 10/17/2019.] |
| Filing 20 RESPONSE TO #6 , #7 , and #11 Notice of Admission Requirements filed by Caroline Rawls Strumph, Esq. o/b/o Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated. (Attachments: #1 Mailing envelope)(see) [Transferred from nynd on 10/17/2019.] |
| Filing 19 NOTICE of Appearance by Steven L. Penaro on behalf of Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated (Penaro, Steven) [Transferred from nynd on 10/17/2019.] |
| ***Answer due date updated for CVS Health Corporation answer due 7/8/2019; Caremark L.L.C. answer due 7/8/2019; Caremark Rx, L.L.C. answer due 7/8/2019; CaremarkPCS Health, L.L.C. answer due 7/8/2019; CaremarkPCS, L.L.C. answer due 7/8/2019; Express Scripts Holding Company answer due 7/8/2019; Express Scripts, Inc. answer due 7/8/2019; Navitus Health Solutions, LLC answer due 7/8/2019; Navitus Holdings, LLC answer due 7/8/2019; Optum, Inc. answer due 7/8/2019; OptumRx Inc. answer due 7/8/2019; Prime Therapeutics LLC answer due 7/8/2019; UnitedHealth Group Incorporated answer due 7/8/2019. (hmr) [Transferred from nynd on 10/17/2019.] |
| Filing 18 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/20/2019 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/13/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) [Transferred from nynd on 10/17/2019.] |
| Filing 17 NOTICE of Admission Requirement as to Party Defendants CVS Health Corporation, Caremark Rx, L.L.C., CaremarkPCS Health, L.L.C. d/b/a CVS/Caremark; Caremark, L.L.C.and CaremarkPCS, L.L.C; Attorney Eric R. Delinsky, Email address is edelinsky@zuckerman.com. Phone number is (202) 778-1800. Admissions due by 7/16/2019. [Copy emailed to Attorney via regular mail on 7/2/2019/](hmr) [Transferred from nynd on 10/17/2019.] |
| Filing 16 NOTICE of Admission Requirement as to Party Plaintiff; Attorney Savatore C. Badala, Joseph L. Ciaccio and Shayna E. Sacks,.. Admissions due by 7/16/2019. [Copy mailed to attorney via regular mail on 7/2/2019.](hmr) [Transferred from nynd on 10/17/2019.] |
| Filing 15 NOTICE of Admission Requirement as to Party Defendants Express Scripts Holding Company and Express Scripts, Inc; Attorney Julian W. Park, Email address is julian.park@kobrekim.com. Phone number is (415) 582-4800. Admissions due by 7/16/2019. [Copy mailed to Attorney via regular mail on 7/2/2019.](hmr) [Transferred from nynd on 10/17/2019.] |
| Filing 14 NOTICE of Admission Requirement as to Party Defendants CVS Health Corporation, Caremark Rx, L.L.C., CaremarkPCS Health, L.L.C. d/b/a CVS/Caremark; Caremark, L.L.C.and CaremarkPCS, L.L.C.;; Attorney Conor B. O'Croinin, Email address is cocroinin@zuckerman.com. Phone number is (410) 332-0444. [Copy mailed to Attorney via regular mail on 7/2/2019.] Admissions due by 7/16/2019. (hmr) [Transferred from nynd on 10/17/2019.] |
| Filing 13 NOTICE of Admission Requirement as to Party Defendants CVS Health Corporation, Caremark Rx, L.L.C., CaremarkPCS Health, L.L.C. d/b/a CVS/Caremark; Caremark, L.L.C.and CaremarkPCS, L.L.C.; Attorney Shawn P. Naunton, Email address is snaunton@zuckerman.com. Phone number is (212) 704-9600. Admissions due by 7/16/2019. [Copy mailed to Attorney via regular mail on 7/2/2019.](hmr) [Transferred from nynd on 10/17/2019.] |
| Filing 12 NOTICE of Admission Requirement as to Party Defendants Express Scripts Holding Company and Express Scripts, Inc.; Attorney Steven G. Kobre, Esq., Email address is Steven.Kobre@kobrekim.com. Phone number is (212) 488-1200. Admissions due by 7/16/2019. [Copy mailed to Attorney via regular mail on 7/2/2019.](hmr) [Transferred from nynd on 10/17/2019.] |
| Filing 11 NOTICE of Admission Requirement as to Party OptumRx., Inc., Optum, Inc. and UnitedHealth Group Incorporated; Attorney William H. Jordan and Carolyn R. Strumph, Email address is bill.jordan@alston.com and caroline.strumph@alston.com. Phone number is (404) 881-7000. Admissions due by 7/16/2019. [Copied mailed to Attorneys via regular mail on 7/2/2019.] (hmr) [Transferred from nynd on 10/17/2019.] |
| Filing 10 NOTICE of Admission Requirement as to Party Defendants Navitus Holdings, LLC and Navitus Health Solutions, LLC; Attorney Timothy E. Hudson, Janelle L. Davis, Mackenzie Salenger, Email address is tim.hudson@tklaw.com, janelle.davis@tklan.com, mackenzie.salenger@tklaw.com. Phone number is (214)969-1700. Admissions due by 7/16/2019. (hmr) Modified on 7/2/2019 (hmr). [Copy mailed to Attorneys via regular mail on 7/2/2019.] [Transferred from nynd on 10/17/2019.] |
| Filing 9 NOTICE of Admission Requirement as to Party Defendant Prime Therapeutics LLC; Attorney Robert J. Gilbertson, Email address is BGilbertson@GreeneEspel.com. Phone number is (612)373-8330. Admissions due by 7/16/2019. (hmr) Modified on 7/2/2019 (hmr).[Copy mailed to Attorney via regular mail on 7/2/2019.] [Transferred from nynd on 10/17/2019.] |
| Filing 8 NOTICE of Admission Requirement as to Party Defendants Navitus Holdings, LLC and Navitus Health Solutions, LLC; Attorney Nicholas S. Davis, Email address is nick.davis@tklaw.com. Phone number is (212) 751-3001. Admissions due by 7/16/2019. (hmr) Modified on 7/2/2019 (hmr).[Copy mailed to Attorney via regular mail on 7/2/2019.] [Transferred from nynd on 10/17/2019.] |
| Filing 7 NOTICE of Admission Requirement as to Party OptumRx, Inc., Optum, Inc. and UnitedHealth Group Incorporated; Attorney Kimberly K. Chemerinsky, Email address is kim.chermerinsky@alston.com. Phone number is (213) 576-1000. Admissions due by 7/16/2019. (hmr) Modified on 7/2/2019 (hmr).[Copy mailed to Attorney via regular mail on 7/2/2019.] Modified on 7/2/2019 (hmr). [Transferred from nynd on 10/17/2019.] |
| Filing 6 NOTICE of Admission Requirement as to Party Defendants Optum Rx, Inc., Optum, Inc. and UnitedHealth Group Incorporated; Attorney Brian D. Boone, Esq., Email address is brian.boone@alston.com. Phone number is (704) 444-1000. Admissions due by 7/16/2019. (hmr) Modified on 7/2/2019 (hmr, ).[Copy mailed to Attorney via regular mail on 7/2/2019.] [Transferred from nynd on 10/17/2019.] |
| Filing 5 NOTICE of Admission Requirement as to Party Defendants, Express Scripts Holding Company and Express Scripts, Inc.; Attorney Adriana Riviere-Badell, Email address is adriana.riviere-badell@kobrekim.com. Phone number is (305) 967-6100. [Copy mailed to Attorney via regular mail on 7/2/2019.] Admissions due by 7/16/2019. (hmr) Modified on 7/2/2019 (hmr, ). [Transferred from nynd on 10/17/2019.] |
| CLERK'S CORRECTION OF DOCKET ENTRY re #10 Notice of Admission Requirement, #6 Notice of Admission Requirement, #9 Notice of Admission Requirement, #7 Notice of Admission Requirement, #8 Notice of Admission Requirement, #5 Notice of Admission Requirement,: Clerk added "Copied mailed to Attorney via regular mail on 7/2/2019." to each of these docket entries. (hmr) [Transferred from nynd on 10/17/2019.] |
| Filing 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Express Scripts, Inc. identifying Corporate Parent Express Scripts Holding Company, Other Affiliate Cigna Corporation for Express Scripts, Inc. (hmr) [Transferred from nynd on 10/17/2019.] |
| Filing 3 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Express Scripts Holding Company identifying Corporate Parent Cigna Corporation for Express Scripts Holding Company. (hmr) [Transferred from nynd on 10/17/2019.] |
| Filing 2 STATE COURT COMPLAINT relating to #1 Notice of Removal. (hmr) [Transferred from nynd on 10/17/2019.] |
| Filing 1 NOTICE OF REMOVAL from St. Lawrence County Supreme Court, case number EFCV-19-155727 (Filing fee $400 receipt number ANYNDC-4787061) filed by Express Scripts, Inc., Prime Therapeutics LLC, CaremarkPCS, L.L.C., Caremark Rx, L.L.C., CaremarkPCS Health, L.L.C., Optum, Inc., Navitus Health Solutions, LLC, Express Scripts Holding Company, Navitus Holdings, LLC, CVS Health Corporation, UnitedHealth Group Incorporated, Caremark L.L.C., OptumRx Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3 - Civil Cover Sheet, #4 Exhibit 4, #5 Notice to Plaintiff of Removal to Federal Court)(hmr) [Transferred from nynd on 10/17/2019.] |
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