County of Alameda et al v. Richard S. Sackler et al
| City of Oxnard, County of Alameda, City of Costa Mesa, City of Encinitas, City of San Clemente, City of Santa Ana, City Of Anaheim, The People of the State of California, City of Placentia, -, City of La Mesa and City of La Habra |
| Beverly Sackler, Richard S. Sackler, Mallinckrodt LLC, Janssen Pharmaceutica Inc., Mallinckrodt PLC, CVS Pharmacy Inc., Watson Laboratories Inc., Actavis LLC, Allergan PLC, Mylan Institutional Inc., Teva Pharmaceuticals, USA, Inc., Theresa Sackler, Janssen Pharmaceuticals Inc., Endo International plc, McKesson Corporation, Ortho-Mcneil-Janssen Pharmaceuticals Inc., David A. Sackler, Cephalon Inc., Actavis Pharma, Inc., Allergan Inc., Walgreen Co., Mylan Pharmaceuticals Inc., Par Pharmaceutical Companies, Inc., Mortimer D.A. Sackler, Allergan Finance LLC, Mylan Technologies, Inc., Thrifty Payless Inc., Mylan Inc., Endo Health Solutions Inc., Johnson & Johnson, Cardinal Health Inc., Allergan U.S.A., Inc., Cardinal Health 110, LLC, Par Pharmaceutical, Inc., Ilene Sackler Lefcourt, CVS Health Corporation, AmerisourceBergen Corporation, Kathe A. Sackler, Endo Pharmaceuticals Inc., SpecGX LLC, Jonathan D. Sackler, Kaiser Foundation Hospitals, Teva Pharmaceutical Industries Ltd., Does 1-100, inclusive, and H.D. Smith Wholesale Drug Co. |
| 1:2020op45055 |
| February 7, 2020 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster (MDL 2804) |
| Other Statutory Actions |
| 28 U.S.C. § 1446 Petition for Removal |
| Both |
Docket Report
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Filing 58
Order Master Stipulation & Order Dismissing With Prejudice Plaintiff Subdivisions' Claims Against Settling Distributor and Janssen Defendants. Judge Dan Aaron Polster on 3/14/2022. (H,SN)
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| Filing 57 Notice of Substitution of Counsel removing attorney Lucas Andrew Messenger and adding attorney Holly H. Dolejsi filed by on behalf of City Of Anaheim, City of Costa Mesa, City of Encinitas, City of La Habra, City of La Mesa, City of Oxnard, City of Placentia, City of San Clemente, City of Santa Ana, County of Alameda. (Dolejsi, Holly) |
| Filing 56 CASE TRANSFERRED IN from District of California Central. Case number 8:19-cv-02154. Original file, certified copy of transfer order and docket sheet received. |
| Filing 55 Transfer Order from the United States Judicial Panel on Multidistrict Litigation, MDL 2804, transferring case to USDC, Northern District of Ohio and assigned to Honorable Honorable Dan A. Polster. Case transferred electronically. (MD JS-6. Case Terminated.) (twdb) [Transferred from cacd on 2/7/2020.] |
| Filing 54 NOTICE of Change of Attorney Business or Contact Information: for attorney Grant B Gelberg counsel for Defendant Kaiser Foundation Hospitals. Changing Firm Name and Other Contact Information to NEW firm name: Halpern May Ybarra Gelberg LLP NEW address: 550 S. Hope St. Ste. 2330, Los Angeles, CA 90071. Changing e-mail and fax number to NEW email: grant.gelberg@halpernmay.com NEW fax: (213)402-1901. Filed by Defendant Kaiser Foundation Hospitals. (Gelberg, Grant) [Transferred from cacd on 2/7/2020.] |
| Filing 53 NOTICE of Change of Attorney Business or Contact Information: for attorney Joseph John Ybarra, Ybarr counsel for Defendant Kaiser Foundation Hospitals. Changing Firm Name and Other Contact Information to NEW firm name: Halpern May Ybarra Gelberg LLP NEW address: 550 S. Hope St. Ste. 2330, Los Angeles, CA 90071. Changing e-mail and fax number to joseph.ybarra@halpernmay.com NEW fax: (213)402-1901. Filed by Defendant Kaiser Foundation Hospitals. (Ybarra, Joseph) [Transferred from cacd on 2/7/2020.] |
| Filing 52 PROOF OF SERVICE filed by Defendant CVS Pharmacy, Inc., re Status Report #51 served on January 27, 2020. (Spertus, James) [Transferred from cacd on 2/7/2020.] |
| Filing 51 STATUS REPORT Defendants CVS Pharmacy, Inc. and Walgreen Co.'s Status Report filed by Defendant CVS Pharmacy, Inc.. (Spertus, James) [Transferred from cacd on 2/7/2020.] |
| Filing 50 Mail Returned addressed to Glenn Sabine re Deficiency in Electronically Filed Documents #23 (twdb) [Transferred from cacd on 2/7/2020.] |
| Filing 49 Mail Returned addressed to Glenn Sabine re Order on Motion to Appear Pro Hac Vice #32 (twdb) [Transferred from cacd on 2/7/2020.] |
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Filing 45
ORDER by Judge David O. Carter: Denying #35 Defendant CVS Pharmacy, Inc. and Walgreen Co.'s EX PARTE APPLICATION to consolidate hearings. DENIED BY ORDER OF THE COURT. (twdb) [Transferred from cacd on 2/7/2020.]
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Filing 44
MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER STAYING CASE PENDING JPML HEARING. The Court hereby STAYS the action and holds all pending motions in abeyance. Defendants are ORDERED to file a status report within 3 days of a decision by the JPML, and in any event, every 4 weeks while the stay is pending. All pending hearing dates are VACATED. (twdb) [Transferred from cacd on 2/7/2020.]
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| Filing 43 STIPULATION for Extension of Time to File Answer filed by Defendants Actavis LLC, Actavis Pharma, Inc., Cephalon, Inc., Teva Pharmaceutical Industries, Ltd., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc.. (Attachments: #1 Proposed Order)(Attorney Collie F James, IV added to party Actavis LLC(pty:dft), Attorney Collie F James, IV added to party Actavis Pharma, Inc.(pty:dft), Attorney Collie F James, IV added to party Cephalon, Inc.(pty:dft), Attorney Collie F James, IV added to party Teva Pharmaceutical Industries, Ltd.(pty:dft), Attorney Collie F James, IV added to party Teva Pharmaceuticals USA, Inc.(pty:dft), Attorney Collie F James, IV added to party Watson Laboratories, Inc.(pty:dft))(James, Collie) [Transferred from cacd on 2/7/2020.] |
| Filing 42 PROOF OF SERVICE filed by Defendant CVS Pharmacy, Inc., re Reply (Motion related), #40 served on December 30, 2019. (Spertus, James) [Transferred from cacd on 2/7/2020.] |
| Filing 41 PROOF OF SERVICE filed by Defendant CVS Pharmacy, Inc., re Reply (Motion related), #40 served on December 30, 2019. (Spertus, James) [Transferred from cacd on 2/7/2020.] |
| Filing 40 REPLY in Support of EX PARTE APPLICATION for Order for Consolidation of Hearings Defendant CVS Pharmacy, Inc. and Walgreen Co.'s Ex Parte Application to Consolidate Hearings and Ex. A #35 filed by Defendant CVS Pharmacy, Inc.. (Spertus, James) [Transferred from cacd on 2/7/2020.] |
| Filing 39 PROOF OF SERVICE filed by Plaintiffs City Of Anaheim, City of Costa Mesa, City of Encinitas, City of La Habra, City of La Mesa, City of Oxnard, City of Placentia, City of San Clemente, City of Santa Ana, County of Alameda, The People Of The State Of California, re Objection/Opposition (Motion related),, #38 PROOF OF SERVICE of PLAINTIFFS OPPOSITION TO DEFENDANT CVS PHARMACY, INC. AND WALGREEN CO.S EX PARTE APPLICATION TO CONSOLIDATE HEARINGS served on 12/27/2019. (Geibelson, Michael)[Transferred from cacd on 2/7/2020.] |
| Filing 38 PLAINTIFFS OPPOSITION TO DEFENDANT CVS PHARMACY, INC. AND WALGREEN CO.S EX PARTE APPLICATION TO CONSOLIDATE HEARINGS; DECLARATION OF LUCAS MESSENGER OPPOSITION re: EX PARTE APPLICATION for Order for Consolidation of Hearings Defendant CVS Pharmacy, Inc. and Walgreen Co.'s Ex Parte Application to Consolidate Hearings and Ex. A #35 filed by Plaintiffs City Of Anaheim, City of Costa Mesa, City of Encinitas, City of La Habra, City of La Mesa, City of Oxnard, City of Placentia, City of San Clemente, City of Santa Ana, County of Alameda, The People Of The State Of California. (Messenger, Lucas) [Transferred from cacd on 2/7/2020.] |
| Filing 37 PROOF OF SERVICE filed by Defendant CVS Pharmacy, Inc., re EX PARTE APPLICATION for Order for Consolidation of Hearings Defendant CVS Pharmacy, Inc. and Walgreen Co.'s Ex Parte Application to Consolidate Hearings and Ex. A #35 (electronic service re Judge Carter's procedures regarding Ex Parte Applications) served on December 26, 2019. (Spertus, James) [Transferred from cacd on 2/7/2020.] |
| Filing 36 PROOF OF SERVICE filed by Defendant CVS Pharmacy, Inc., re EX PARTE APPLICATION for Order for Consolidation of Hearings Defendant CVS Pharmacy, Inc. and Walgreen Co.'s Ex Parte Application to Consolidate Hearings and Ex. A #35 served on December 26, 2019. (Spertus, James) [Transferred from cacd on 2/7/2020.] |
| Filing 35 EX PARTE APPLICATION for Order for Consolidation of Hearings Defendant CVS Pharmacy, Inc. and Walgreen Co.'s Ex Parte Application to Consolidate Hearings and Ex. A filed by Defendant CVS Pharmacy, Inc.. (Attachments: #1 Proposed Order) (Spertus, James) [Transferred from cacd on 2/7/2020.] |
| Filing 34 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #22 filed by Defendants CVS Pharmacy, Inc., Walgreen Co.. (Attachments: #1 Declaration of Joshua D. Dick in Support, #2 Exhibit A - Dick Declaration, #3 Exhibit B - Dick Declaration, #4 Exhibit C - Dick Declaration, #5 Exhibit D - Dick Declaration, #6 Exhibit E - Dick Declaration)(Dick, Joshua) [Transferred from cacd on 2/7/2020.] |
| Filing 33 PROOF OF SERVICE filed by Defendant CVS Pharmacy, Inc., re NOTICE OF MOTION AND MOTION to Stay Case pending Likely Transfer to Multidistrict Litigation #31 served on December 20, 2019. (Spertus, James) [Transferred from cacd on 2/7/2020.] |
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Filing 32
ORDER by Judge David O. Carter: Granting #28 Non-Resident Attorney Conor B. O'Croinin APPLICATION to Appear Pro Hac Vice on behalf of CVS Health Corporation, CVS Pharmacy Inc Defendants, designating James W. Spertus as local counsel. (twdb)[Transferred from cacd on 2/7/2020.]
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| Filing 31 NOTICE OF MOTION AND MOTION to Stay Case pending Likely Transfer to Multidistrict Litigation filed by Defendant CVS Pharmacy, Inc.. Motion set for hearing on 1/27/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Declaration of James W. Spertus, #2 Exhibit No. 1, #3 Exhibit No. 2, #4 Exhibit No. 3, #5 Exhibit No. 4, #6 Exhibit No. 5, #7 Proposed Order) (Spertus, James) [Transferred from cacd on 2/7/2020.] |
| Filing 30 PROOF OF SERVICE filed by Defendants CVS Health Corporation, CVS Pharmacy, Inc., re Notice of Appearance or Withdrawal of Counsel (G-123),, #27 , Notice of Appearance or Withdrawal of Counsel (G-123),, #26 served on December 19, 2019. (Spertus, James) [Transferred from cacd on 2/7/2020.] |
| Filing 29 Notice of Appearance or Withdrawal of Counsel: for attorney Joshua David Dick counsel for Defendant Walgreen Co.. Adding Joshua D. Dick as counsel of record for Walgreen Co. for the reason indicated in the G-123 Notice. Filed by Defendant Walgreen Co.. (Attorney Joshua David Dick added to party Walgreen Co.(pty:dft))(Dick, Joshua) [Transferred from cacd on 2/7/2020.] |
| Filing 28 APPLICATION of Non-Resident Attorney Conor B. O'Croinin to Appear Pro Hac Vice on behalf of Defendants CVS Health Corporation, CVS Pharmacy, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24999335) filed by Defendants CVS Health Corporation, CVS Pharmacy, Inc.. (Attachments: #1 Proposed Order on Application of Non-Resident Attorney to Appear in A Specific Case Pro Hac Vice) (Spertus, James) [Transferred from cacd on 2/7/2020.] |
| Filing 27 Notice of Appearance or Withdrawal of Counsel: for attorney Christa L Culver counsel for Defendants CVS Health Corporation, CVS Pharmacy, Inc.. Adding Christa L. Culver Wasserman as counsel of record for CVS Health Corporation and CVS Pharmacy, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants CVS Health Corporation and CVS Pharmacy, Inc.. (Attorney Christa L Culver added to party CVS Health Corporation(pty:dft), Attorney Christa L Culver added to party CVS Pharmacy, Inc.(pty:dft))(Culver, Christa) [Transferred from cacd on 2/7/2020.] |
| Filing 26 Notice of Appearance or Withdrawal of Counsel: for attorney James W Spertus counsel for Defendants CVS Health Corporation, CVS Pharmacy, Inc.. Adding James W. Spertus as counsel of record for CVS Health Corporation and CVS Pharmacy, Inc. for the reason indicated in the G-123 Notice. Filed by Defendants CVS Health Corporation and CVS Pharmacy, Inc.. (Attorney James W Spertus added to party CVS Health Corporation(pty:dft), Attorney James W Spertus added to party CVS Pharmacy, Inc.(pty:dft))(Spertus, James) [Transferred from cacd on 2/7/2020.] |
| Filing 48 Mail Returned addressed to Glenn Sabine re Order #20 . No such person here. (hr) [Transferred from cacd on 2/7/2020.] |
| Filing 47 Mail Returned addressed to Glenn Sabine re Order #19 . No such person here. (hr) [Transferred from cacd on 2/7/2020.] |
| Filing 25 Mail Returned addressed to Glenn Sabine re Transfer Pursuant to GO 19-03 DECLINED- (related case)(CV-34) #12 (shb) [Transferred from cacd on 2/7/2020.] |
| Filing 24 NOTICE OF LODGING filed [Proposed] Order re NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #22 (Attachments: #1 Proposed Order)(Messenger, Lucas) [Transferred from cacd on 2/7/2020.] |
| Filing 23 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court #22 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (twdb) [Transferred from cacd on 2/7/2020.] |
| Filing 22 NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court filed by Plaintiffs City Of Anaheim, City of Costa Mesa, City of Encinitas, City of La Habra, City of La Mesa, City of Oxnard, City of Placentia, City of San Clemente, City of Santa Ana, County of Alameda, The People Of The State Of California. Motion set for hearing on 1/13/2020 at 08:30 AM before Judge David O. Carter. (Attachments: #1 Request for Judicial Notice In Support of Motion to Remand) (Messenger, Lucas) [Transferred from cacd on 2/7/2020.] |
| Filing 46 Mail Returned addressed to Glenn Sabine re Notice of Assignment to United States Judges(CV-18) #6 . Return to sender. No such (illegible) here. (hr) [Transferred from cacd on 2/7/2020.] |
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Filing 21
ORDER by Judge David O. Carter, Granting Joint Stipulation to Extend Time to Answer (More than 30 days) #15 . Defendants Thrifty Payless, Inc., CVS Health Corporation, CVS Pharmacy, Inc., and Walgreen Co., shall be granted an enlargement of time to respond to Plaintiffs First Amended Complaint until sixty (60) days after this Court rules on any Motion to Remand, or after the JPML makes a final decision regarding transfer to the MDL Proceeding, whichever is later. (twdb) [Transferred from cacd on 2/7/2020.]
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Filing 20
ORDER by Judge David O. Carter, Granting Stipulation for Extension of Time to File Response/Reply #17 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) [Transferred from cacd on 2/7/2020.]
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Filing 19
ORDER by Judge David O. Carter, Granting Joint Stipulation for Extension of Time to File Response/Reply #18 . Defendant Kaiser Foundation Hospitals shall be granted an enlargement of time to respond to Plaintiffs First Amended Complaint until sixty (60) days after this Court rules on any Motion to Remand, or after the JPML makes a final decision regarding transfer to the MDL Proceeding, whichever is later. (twdb) [Transferred from cacd on 2/7/2020.]
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| Filing 18 STIPULATION for Extension of Time to File Response filed by Defendant Kaiser Foundation Hospitals. (Attachments: #1 Proposed Order Granting Joint Stipulation for Extension of Time to Answer or Otherwise Respond)(Attorney Joseph John Ybarra added to party Kaiser Foundation Hospitals(pty:dft))(Ybarra, Joseph) [Transferred from cacd on 2/7/2020.] |
| Filing 17 Joint STIPULATION for Extension of Time to File filed by Defendant McKesson Corporation. (Attachments: #1 Proposed Order)(Attorney Nathan Evans Shafroth added to party McKesson Corporation(pty:dft))(Shafroth, Nathan) [Transferred from cacd on 2/7/2020.] |
| Filing 16 NOTICE of Appearance filed by attorney Benjamin Patrick Smith on behalf of Defendant Thrifty Payless Inc. (Smith, Benjamin) [Transferred from cacd on 2/7/2020.] |
| Filing 15 STIPULATION for Extension of Time to File Answer filed by defendant Thrifty Payless Inc.. (Attachments: #1 Proposed Order)(Attorney Benjamin Patrick Smith added to party Thrifty Payless Inc.(pty:dft))(Smith, Benjamin) [Transferred from cacd on 2/7/2020.] |
| Filing 14 PROOF OF SERVICE filed by Defendant Walgreen Co., re Initial Order upon Filing of Complaint - form only #13 served on 11/14/2019. (Stevens, Charles) [Transferred from cacd on 2/7/2020.] |
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Filing 13
INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER upon filing of the complaint by Judge David O. Carter. (dgo) [Transferred from cacd on 2/7/2020.]
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Filing 12
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge John F. Walter, for the reasons set forth on this order. Related Case No. 2:19-cv-03588 JFW(PLAx) (rn) [Transferred from cacd on 2/7/2020.]
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Filing 11
ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Karen E. Scott. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05-07. Case randomly reassigned from Magistrate Judge Karen E. Scott to Magistrate Judge Autumn D. Spaeth for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:19-cv-02154 DOC(ADSx). (rn) [Transferred from cacd on 2/7/2020.]
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| Filing 10 NOTICE of Related Case(s) filed by Plaintiffs City Of Anaheim, City of Costa Mesa, City of Encinitas, City of La Habra, City of La Mesa, City of Oxnard, City of Placentia, City of San Clemente, City of Santa Ana, County of Alameda, The People Of The State Of California. -L.R. 813-1.3.1 Related Case(s): 2:19-cv-03588-JFW-PLA (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proof of Service)(Messenger, Lucas) [Transferred from cacd on 2/7/2020.] |
| Filing 8 NOTICE Defendant Walgreen Co.'s Notice of Filing of Notice in State Court filed by Defendant Walgreen Co.. (Attachments: #1 Exhibit A - Notice of Filing of Removal of Action to the U.S. District Court for the Central District of California)(Stevens, Charles) [Transferred from cacd on 2/7/2020.] |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) [Transferred from cacd on 2/7/2020.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge David O. Carter and Magistrate Judge Karen E. Scott. (jtil) [Transferred from cacd on 2/7/2020.] |
| Filing 5 PROOF OF SERVICE filed by Defendant Walgreen Co., re Civil Cover Sheet (CV-71) #2 , Notice of Removal (Attorney Civil Case Opening),,, #1 , Certificate/Notice of Interested Parties #4 , Errata #3 served on 11/08/2019. (Stevens, Charles) [Transferred from cacd on 2/7/2020.] |
| CONFORMED COPY OF COMPLAINT filed by Plaintiffs City of La Habra, City of Costa Mesa, County of Alameda, The People Of The State Of California, City of Placentia, City of Encinitas, City Of Anaheim, City of Oxnard, City of La Mesa, City of Santa Ana, City of San Clemente in Orange County Superior Court on 10/4/2019, attached as Exhibit C. (jtil) [Transferred from cacd on 2/7/2020.] |
| Filing 4 NOTICE of Interested Parties filed by Defendant Walgreen Co., identifying Corporate Parent Walgreens Boots Alliance, Inc. and other potentially interested parties. (Stevens, Charles) [Transferred from cacd on 2/7/2020.] |
| Filing 3 NOTICE OF ERRATA filed by Defendant Walgreen Co.. correcting Notice of Removal (Attorney Civil Case Opening),,, #1 Notice of Errata re Civil Cover Sheet (Dkt. No. 1-13) (Stevens, Charles) [Transferred from cacd on 2/7/2020.] |
| Filing 2 CIVIL COVER SHEET filed by Defendant Walgreen Co.. (Stevens, Charles) [Transferred from cacd on 2/7/2020.] |
| Filing 1 NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2019-01101802-CU-BT-CXC Receipt No: 0973-24749932 - Fee: $400, filed by Defendant Walgreen Co.. (Attachments: #1 Declaration of Charles J. Stevens in Support of Defendant Walgreen Co.'s Notice of Removal, #2 Exhibit A - Civil Cover Sheet, #3 Exhibit B - Summons, #4 Exhibit C - First Amended Complaint, #5 Exhibit D - Notice of Related Case, #6 Exhibit E - Notice of Case Assignment, #7 Exhibit F - Motion for Disqualification & Declaration in Support, #8 Exhibit G - Notice of Order of Reassignment, #9 Exhibit H - Civil Case Access Info (11/7/19), #10 Exhibit I - Order Staying Actions Pending JPML Action, #11 Exhibit J - JPML Transfer Order, #12 Exhibit K - Alameda Notice of Voluntary Dismissal, #13 Civil Cover Sheet) (Attorney Charles J Stevens added to party Walgreen Co.(pty:dft))(Stevens, Charles) [Transferred from cacd on 2/7/2020.] |
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