City of Poughkeepsie v. Purdue Pharma L.P. et al
| City of Poughkeepsie |
| Par Pharmaceutical Companies Inc., Janssen Pharmaceutica Inc., Walgreen Co, Richard S. Sackler, Purdue Pharma L.P., Mallinckrodt LLC, Smith Drug Company, Discount Drug Mart, Inc., McKesson Corporation, Mallinckrodt PLC, Rhodes Pharmaceuticals Inc., Insys Therapeutics Inc., Walgreens Boots Alliance Inc., Wal-Mart Inc., West-Ward Pharmaceuticals Corp, Watson Laboratories Inc., HBC Service Company, Allergan PLC, Rite Aid Corp., Teva Pharmaceuticals USA, Inc., Rochester Drug Co-Operative, Inc., Janssen Pharmaceuticals Inc., Endo Pharmaceuticals Inc., SAJ Distributors, Actavis LLC, RHODES TECHNOLOGIES, Ortho-Mcneil-Janssen Pharmaceuticals Inc., Beverly Sackler, CVS Health Corporation, David A. Sackler, Kinray, LLC, Stuart D. Baker, Cephalon Inc., Actavis Pharma, Inc., Rite Aid of Maryland, Inc., PSS World Medical Inc., Mylan Pharmaceuticals Inc., Raymond Sackler Family, John N. Kapoor, Rhodes Technologies Inc., Mortimer D.A. Sackler, Cardinal Health Inc., Publix Supermarkets, Inc., Bellco Drug Corp., Walgreen Eastern Co., Endo Health Solutions Inc., Johnson & Johnson, The P.F. Laboratories, Inc., Miami-Luken Inc, Theresa Sackler, MORTIMER SACKLER FAMILY, Anda Inc, Ilene Sackler Lefcourt, AmerisourceBergen Drug Corporation, Par Pharmaceutical Inc., Purdue Frederick Company Inc., Henry Schein Inc., Sandoz Inc., Kathe A. Sackler, Darby Group Companies, Inc., Noramco Inc, SpecGX LLC, Amneal Pharmaceuticals Inc., Jonathan D. Sackler, Actavis Inc, Trust for the Benefit of Members of the Raymond Sackler Family, Morris & Dickson Co LLC, Blenheim Pharmacal Inc., Value Drug Company, Purdue Pharma Inc., Henry Schein Medical Systems, Inc., Eveready Wholesale Drugs Ltd, The Kroger Co., Rhodes Pharmaceuticals L.P. and American Medical Distributors, Inc. |
| 1:2019op46163 |
| December 31, 2019 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster (MDL 2804) |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| Both |
Docket Report
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| Filing 32 Notice of Dismissal Under FRCP 41(a)(1) against Defendant HBC Service Company filed by City of Poughkeepsie. (Badala, Salvatore) |
| Filing 31 Notice of Dismissal Under FRCP 41(a)(1) against Publix Supermarkets, Inc. filed by City of Poughkeepsie. (Badala, Salvatore) |
| Filing 30 Attorney Appearance by Salvatore C. Badala filed by on behalf of City of Poughkeepsie. (Badala, Salvatore) |
| Filing 29 Attorney Appearance by Joseph L. Ciaccio filed by on behalf of City of Poughkeepsie. (Ciaccio, Joseph) |
| Filing 28 Attorney Appearance by Shayna Erin Sacks filed by on behalf of City of Poughkeepsie. (Sacks, Shayna) |
| Filing 27 CASE TRANSFERRED IN from District of New York Southern. Case number 1:19-cv-06800. Original file, certified copy of transfer order and docket sheet received. |
| Filing 26 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Northern District of Ohio. (Signed by MDL Panel on 12/18/2019) (sjo) [Transferred from nysd on 12/31/2019.] |
| MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Northern District of Ohio. (sjo) [Transferred from nysd on 12/31/2019.] |
| Filing 25 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Discount Drug Mart, Inc.. Document filed by City of Poughkeepsie. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Shkolnik, Hunter) [Transferred from nysd on 12/31/2019.] |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #25 Notice of Voluntary Dismissal was reviewed and referred to Judge Victor Marrero for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) [Transferred from nysd on 12/31/2019.] |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CVS Health Corporation.(Naunton, Shawn) [Transferred from nysd on 12/31/2019.] |
Filing 23
ENDORSED LETTER addressed to Judge Victor Marrero from Hunter. J. Shkolnik dated 8/23/2019 re: Respectfully request that this Court deny CVS' s request to move for a stay and proceed with the hearing on remand before transfer of the case to the Multi-District Litigation (MDL) in the Northern District of Ohio. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiff. SO ORDERED. (Signed by Judge Victor Marrero on 8/26/2019) (kv) [Transferred from nysd on 12/31/2019.]
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Filing 22
ORDER granting #6 Letter Motion for Extension of Time to Answer; granting #7 Letter Motion for Extension of Time to Answer; granting #8 Letter Motion for Extension of Time to Answer; granting #15 Letter Motion for Extension of Time to Answer; denying without prejudice #16 Motion to Remand to State Court. Accordingly, upon review of the foregoing correspondence and other materials of record in this action, it is hereby ORDERED that the time for defendants to answer, or otherwise respond in a matter consistent with this Court's Individual Practices, to the Complaint is hereby extended to thirty days after the ruling of the United States Judicial Panel on Multidistrict Litigation (the "JPMDL") upon the Transfer Motion as defined above; and it is further ORDERED that the Remand Motion (Dkt. No. 16) is DENIED without prejudice to its being refiled here, or in the Northern District of Ohio, upon the JPMDL granting or denying the Transfer Motion; and it is further ORDERED that the motion of defendant CVS Health Corporation for a temporary stay in this matter is DENIED. SO ORDERED.. (Signed by Judge Victor Marrero on 8/23/2019) (jca) [Transferred from nysd on 12/31/2019.]
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Filing 21
ENDORSED LETTER addressed to Judge Victor Marrero from Shawn P. Naunton dated 8/21/2019 re: respectfully request a conference concerning a non-dispositive motion. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant CVS Health Corp. SO ORDERED. (Signed by Judge Victor Marrero on 8/23/2019) (rro) [Transferred from nysd on 12/31/2019.]
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Filing 20
ENDORSED LETTER: addressed to Judge Victor Marrero from The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. So ordered. dated 8/22/2019 re: For these reasons, the Defendants respectfully request that the Court grant this application on consent and enter an order extending the time for the Defendants to answer, move, or otherwise respond to the Complaint and to conduct the Rule 26(:f) planning conference 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 qn Plaintiff's motion to remand, whichever is later. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. So Ordered. (Signed by Judge Victor Marrero on 8/23/2019) (js) [Transferred from nysd on 12/31/2019.]
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Filing 19
ENDORSED LETTER: addressed to Judge Victor Marrero from Hunter J. Shkolnik dated 8/22/2019 re: Based on the foregoing, Plaintiff respectfully requests that this Court grant Plaintiff's request for an expedited hearing on Plaintiff's Motion to Remand to the Supreme Court of the State of New York, County of Montgomery as soon as possible. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of of this action the letter above submitted to the Court by Plaintiff. so Ordered. (Signed by Judge Victor Marrero on 8/23/2019) (js) [Transferred from nysd on 12/31/2019.]
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Filing 18
STIPULATION AND ORDER REGARDING SERVICE OF THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between Napoli Shkolnik PLLC, counsel for plaintiff and counsel for the defendants identified below, represented by the undersigned counsel: 1. A copy of a Summons and the operative Complaint in this action shall be deemed to have been served upon the defendants identified below effective as of July 30, 2019. 2. The defendants identified below hereby waive any objections they may have to the manner of service of the Summons and Complaint in this action; provided, however, that defendants retain all other objections and defenses, including, but not limited to, lack of personal jurisdiction. 3. This Stipulation does not affect any existing dates or deadlines in this action. So Ordered. (Signed by Judge Victor Marrero on 8/23/2019) (js) [Transferred from nysd on 12/31/2019.]
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| Filing 17 PROPOSED STIPULATION AND ORDER. Document filed by CVS Health Corporation. (Naunton, Shawn) [Transferred from nysd on 12/31/2019.] |
| Filing 16 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand to State Court . Document filed by City of Poughkeepsie. Return Date set for 9/11/2019 at 10:00 AM. (Attachments: #1 Notice of Motion, #2 Declaration in Support, #3 Exhibit Exhibit A - Summons and Complaint, #4 Exhibit Exhibit B - NY Transfer Order)(Shkolnik, Hunter) Modified on 11/4/2019 (db). [Transferred from nysd on 12/31/2019.] |
| Filing 15 LETTER MOTION for Extension of Time to File Answer 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 Court's ruling on Plaintiffs motion to remand, whichever is later addressed to Judge Victor Marrero from Nelson Perel dated 08/21/2019. Document filed by Value Drug Company. (Attachments: #1 Text of Proposed Order Ex A)(Perel, Nelson) [Transferred from nysd on 12/31/2019.] |
| Filing 14 NOTICE OF APPEARANCE by Nelson Perel on behalf of Value Drug Company. (Perel, Nelson) [Transferred from nysd on 12/31/2019.] |
| Filing 13 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AmerisourceBergen Services Corporation, Corporate Parent AmerisourceBergen Corporation for AmerisourceBergen Drug Corporation, Bellco Drug Corp.. Document filed by AmerisourceBergen Drug Corporation, Bellco Drug Corp..(Asfendis, Paul) [Transferred from nysd on 12/31/2019.] |
| Filing 12 NOTICE OF APPEARANCE by Paul Edward Asfendis on behalf of AmerisourceBergen Drug Corporation, Bellco Drug Corp.. (Asfendis, Paul) [Transferred from nysd on 12/31/2019.] |
| NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Ronnie Abrams is no longer assigned to the case. (wb) [Transferred from nysd on 12/31/2019.] |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cardinal Health Inc..(Mulry, Kevin) [Transferred from nysd on 12/31/2019.] |
| Filing 10 NOTICE OF APPEARANCE by Kevin P. Mulry on behalf of Cardinal Health Inc.. (Mulry, Kevin) [Transferred from nysd on 12/31/2019.] |
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Filing 9
ORDER granting #4 Motion for Conor Brendan O'Croinin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc) [Transferred from nysd on 12/31/2019.]
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| Filing 8 CONSENT LETTER MOTION for Extension of Time to File Answer re: #3 Notice of Removal and the Complaint therein, addressed to Judge Ronnie Abrams from Kurt M. Mullen dated July 31, 2019. Document filed by John N. Kapoor.(Mullen, Kurt) [Transferred from nysd on 12/31/2019.] |
| NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Analisa Torres is no longer assigned to the case. (bcu) [Transferred from nysd on 12/31/2019.] |
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Kenneth M. Karas is no longer assigned to the case. (bcu) [Transferred from nysd on 12/31/2019.] |
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (bcu) [Transferred from nysd on 12/31/2019.] |
| Filing 7 CONSENT LETTER MOTION for Extension of Time to File Answer re: #3 Notice of Removal and the Complaint therein on behalf of CVS Health Corporation, 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; and Walmart Inc. addressed to Judge Kenneth M. Karas from Shawn P. Naunton dated 7/29/2019. Document filed by CVS Health Corporation. (Attachments: #1 Exhibit Exhibit A (Extending Time to Answer, Move of Otherwise Respond to Complaint and To Conduct Fed. R. Civ. P. 26(f) Conference))(Naunton, Shawn) [Transferred from nysd on 12/31/2019.] |
| Filing 6 CONSENT LETTER MOTION for Extension of Time to File Answer re: #3 Notice of Removal and the Complaint therein, addressed to Judge Kenneth M. Karas from Kevin P. Mulry dated July 26, 2019. Document filed by Cardinal Health Inc.. (Attachments: #1 Exhibit A - [Proposed] Order Extending Time to Answer, Move of Otherwise Respond to Complaint and To Conduct Fed. R. Civ. P. 26(f) Conference)(Mulry, Kevin) [Transferred from nysd on 12/31/2019.] |
| Filing 5 NOTICE OF APPEARANCE by Kurt Michael Mullen on behalf of John N. Kapoor. (Mullen, Kurt) [Transferred from nysd on 12/31/2019.] |
| Filing 4 MOTION for Conor Brendan O'Croinin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17310663. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CVS Health Corporation. (Attachments: #1 Affidavit, #2 Certificate of Good Standing - Md, #3 Certificate of Good Standing - Pa, #4 Text of Proposed Order)(O'Croinin, Conor) [Transferred from nysd on 12/31/2019.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #4 MOTION for Conor Brendan O'Croinin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17310663. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) [Transferred from nysd on 12/31/2019.] |
| Filing 3 NOTICE OF REMOVAL from Supreme Court, County of Dutchess. Case Number: 2019-51786..Document filed by CVS Health Corporation. (Attachments: #1 Exhibit 1 (State Court Complaint), #2 Exhibit 2 (MDL Transfer Order))(Naunton, Shawn) [Transferred from nysd on 12/31/2019.] |
| Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pne) [Transferred from nysd on 12/31/2019.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pne) [Transferred from nysd on 12/31/2019.] |
| Case Designated ECF. (pne) [Transferred from nysd on 12/31/2019.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Shawn Patrick Naunton. The following case opening statistical information was erroneously selected/entered: County code Dutchess. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pne) [Transferred from nysd on 12/31/2019.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Shawn Patrick Naunton to RE-FILE Document No. #1 Notice of Removal,. The filing is deficient for the following reason(s): As per Rule 13.3, Each attachment to the pleading must be clearly titled in the ECF entry so the subject of the exhibit is clear. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. ***DO NOT USE GOOGLE CHROME AND SAFARI BROWSERS*** (pne) [Transferred from nysd on 12/31/2019.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Shawn Patrick Naunton. The party information for the following party/parties has been modified: AmerisourceBergen Drug Corporation, Actavis Pharma, Inc., Actavis, Inc., Allergan PLC, Cephalon, Inc., City of Poughkeepsie, Janssen Pharmaceutica, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Rhodes Pharmaceuticals Inc., Rite Aid of Maryland, Inc., West-Ward Pharmaceuticals Corp.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted; alias party information was entered incorrectly. (pne) [Transferred from nysd on 12/31/2019.] |
| Filing 2 CIVIL COVER SHEET filed. (Naunton, Shawn) [Transferred from nysd on 12/31/2019.] |
| Filing 1 FILING ERROR - EXHIBITS NOT CLEARLY TITLED - NOTICE OF REMOVAL from Supreme Court, County of Dutchess County. Case Number: 2019-51786. (Filing Fee $ 400.00, Receipt Number ANYSDC-17288754).Document filed by CVS Health Corporation. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Naunton, Shawn) Modified on 7/23/2019 (pne). [Transferred from nysd on 12/31/2019.] |
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