Northampton County, VA v. Mallinckrodt, PLC
| Northampton County, VA |
| McKesson Corporation, Mylan Institutional Inc., Express Scripts Holding Company, Mylan Pharmaceuticals Inc., Mallinckrodt PLC, CaremarkPCS Health, L.L.C., Walgreens Boots Alliance Inc., Insource, Inc., OptumRX, Inc., Watson Laboratories Inc., Allergan PLC, Cardinal Health Inc., Teva Pharmaceuticals USA, Inc., CaremarkPCS, L.L.C., Endo Pharmaceuticals Inc., Rite Aid of Virginia, Inc., Actavis LLC, Rite Aid Mid-Atlantic, CVS TN Distribution, Caremark, L.L.C., Allergan Finance LLC, Actavis Pharma, Inc., ESI Mail Pharmacy Service, Inc., Walgreen Co., Mallinckrodt LLC, Par Pharmaceutical Companies, Inc., Walgreen Eastern Co. Inc., Cephalon Inc., Virginia CVS Pharmacy LLC, Optum, Inc., Caremark Rx, L.L.C., Endo Health Solutions Inc., Indivior Inc., Walmart Inc., Barr Laboratories, Inc., Does 1-100, AmerisourceBergen Drug Corporation, Par Pharmaceutical Inc., CVS Health Corporation, Henry Schein Inc., Rite Aid of Maryland, SpecGX LLC, Express Scripts, Inc., McKesson Medical-Surgical, Inc., CVS Pharmacy Inc., Rite Aid Corp., Express Scripts Pharmacy, Inc., Eckerd Corporation, UnitedHealth Group Incorporated and General Injectables & Vaccines, Inc. |
| 1:2020op45144 |
| April 2, 2020 |
| 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. § 1441 |
| Plaintiff |
Docket Report
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| Filing 39 CASE TRANSFERRED IN from District of Virginia Eastern. Case number 2:20-cv-00043. Original file, certified copy of transfer order and docket sheet received. |
| Filing 38 MDL TRANSFER ORDER: IT IS THEREFORE ORDERED that the actions listed on Schedule A are transferred to the Northern District of Ohio and, with the consent of that court, assigned to the Honorable Dan A. Polster for inclusion in the coordinated or consolidated pretrial proceedings. (afar) [Transferred from vaed on 4/2/2020.] |
| Filing 37 Corporate Disclosure Statement by CaremarkPCS Health, L.L.C., CaremarkPCS, L.L.C., CVS Health Corporation, CVS Pharmacy, Inc., CVS TN Distribution, L.L.C., Caremark, L.L.C., Virginia CVS Pharmacy, L.L.C., Caremark RX, L.L.C.. (Coburn, Samuel) [Transferred from vaed on 4/2/2020.] |
| Filing 36 NOTICE of Appearance by Samuel Perry Coburn on behalf of CVS Health Corporation, CVS Pharmacy, Inc., CVS TN Distribution, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C., CaremarkPCS Health, L.L.C., CaremarkPCS, L.L.C., Virginia CVS Pharmacy, L.L.C. (Coburn, Samuel) [Transferred from vaed on 4/2/2020.] |
| Filing 35 REPLY in Support re #29 MOTION Conditional Motion for Order Implementing Automatic Stay Under Federal Rule of Civil Procedure 62(a) filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Scott, Emily) Modified text on 3/26/2020 (bpet, ) [Transferred from vaed on 4/2/2020.] |
| Filing 34 RESPONSE in Opposition re #29 MOTION Conditional Motion for Order Implementing Automatic Stay Under Federal Rule of Civil Procedure 62(a) filed by Northampton County, VA. (Conrod, Richard) [Transferred from vaed on 4/2/2020.] |
| Filing 33 NOTICE by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc. Notice of Supplemental Authority (Attachments: #1 Exhibit A - Henrico Stay Order)(Scott, Emily) [Transferred from vaed on 4/2/2020.] |
| Filing 32 Rebuttal Brief re #20 MOTION to Remand to State Court Rebuttal Brief in Support of Motion to Remand filed by Northampton County, VA. (Conrod, Richard) [Transferred from vaed on 4/2/2020.] |
| Filing 31 Rebuttal Brief re #22 Supplemental MOTION to Remand to State Court filed by Northampton County, VA. (Conrod, Richard) [Transferred from vaed on 4/2/2020.] |
| Filing 30 Memorandum in Support re #29 MOTION Conditional Motion for Order Implementing Automatic Stay Under Federal Rule of Civil Procedure 62(a) filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Scott, Emily) [Transferred from vaed on 4/2/2020.] |
| Filing 29 Conditional Motion for Order Implementing Automatic Stay Under Federal Rule of Civil Procedure 62(a) by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Attachments: #1 Proposed Order)(Scott, Emily) Modified text on 3/6/2020 (mrees, ). [Transferred from vaed on 4/2/2020.] |
| Filing 28 Memorandum in Opposition to Motion to Remand #20 filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Attachments: #1 Exhibit 1 - Updated Federal Officer Removed Cases, #2 Exhibit 2 - Updated Diversity Based Removals, #3 Exhibit 3 - Cahill Declaration, #4 Exhibit 4 - Statement of Work (DOD Contract), #5 Exhibit 5 - List of Opioid Cases)(Scott, Emily) Modified text on 3/6/2020 (mrees, ). [Transferred from vaed on 4/2/2020.] |
| Filing 27 RESPONSE in Opposition re #22 Supplemental MOTION to Remand to State Court filed by Optum, Inc., OptumRX, Inc., UnitedHealth Group Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Broughton, Turner) [Transferred from vaed on 4/2/2020.] |
| Filing 26 Reply Memorandum in Support of Moving Defendants' Motion for a Temporary Stay of Proceedings Pending Likely Transfer to Multidistrict Litigation filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Attachments: #1 Exhibit 1 - Federal Officer Cases, #2 Exhibit 2 - Judge Polster Order, #3 Exhibit 3 - Martinsville Stay Order)(Scott, Emily) [Transferred from vaed on 4/2/2020.] |
| Filing 25 RESPONSE in Opposition re #16 MOTION for Temporary Stay of Proceedings Pending the Judicial Panel on Multidistrict Litigation's Final Transfer Decision (corrected PDF format) filed by Northampton County, VA. (Attachments: #1 Exhibit Exhibit A - Transcript of Nov 6, 2017 Hearing)(Conrod, Richard) [Transferred from vaed on 4/2/2020.] |
| Filing 24 MDL NOTICE OF HEARING SEESION AND HEARING SESSION ORDER RE: MDL NO. 2804. Signed by Karen K. Caldwell, Chair of Panel on Multidistrict Litigation on 2/13/20(afar) [Transferred from vaed on 4/2/2020.] |
| Filing 23 Memorandum in Support re #22 Supplemental MOTION to Remand to State Court filed by Northampton County, VA. (Conrod, Richard) [Transferred from vaed on 4/2/2020.] |
| Filing 22 Supplemental MOTION to Remand to State Court re: [ECF 10] Supplemental Notice of Removal by Northampton County, VA. (Conrod, Richard) Modified text on 2/21/2020 (mrees). [Transferred from vaed on 4/2/2020.] |
| Filing 21 Memorandum in Support re #20 MOTION to Remand to State Court filed by Northampton County, VA. (Attachments: #1 Exhibit Exhibit 1 - ES Military Health System SOW)(Conrod, Richard) [Transferred from vaed on 4/2/2020.] |
| Filing 20 MOTION to Remand to State Court by Northampton County, VA. (Conrod, Richard) [Transferred from vaed on 4/2/2020.] |
| Filing 19 NOTICE by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc. of Supplemental Authorities (Attachments: #1 Exhibit A - Novak Orders)(Scott, Emily) [Transferred from vaed on 4/2/2020.] |
Filing 18
ORDER granting #15 Motion for Extension of Time. The Moving Defendants shall file their answers or other responsive pleadings to Plaintiff's complaint not later than sixty (60) days following the later of (1) the final determination of Plaintiff's motion to remand, or (2) a final decision regarding transfer of this action to the Opiate MDL(MDL No. 2804). Signed by Magistrate Judge Robert J. Krask on 2/18/20. (afar) [Transferred from vaed on 4/2/2020.]
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| Filing 17 Memorandum in Support re #16 MOTION for Temporary Stay of Proceedings Pending the Judicial Panel on Multidistrict Litigation's Final Transfer Decision (corrected PDF format) filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Attachments: #1 Exhibit 1 - CTO-131, #2 Exhibit 2 - List of Opioid Cases, #3 Exhibit 3 - Stay Orders, #4 Exhibit 4 - J. Polster Federal Officer Order, #5 Exhibit 5 - Fed Officer Removed Cases, #6 Exhibit 6 - Fed Officer Stay Orders, #7 Exhibit 7 - Diversity Based Removals, #8 Exhibit 8 - NY Fraudulent Misjoinder Cases, #9 Exhibit 9 - Federal Question Removed Cases, #10 Exhibit 10 - CAFA Removed Cases, #11 Exhibit 11 - CAFA Stay Orders, #12 Exhibit 12 - Board of Commissioners Opinion, #13 Exhibit 13 - Commonwealth of Kentucky)(Scott, Emily) [Transferred from vaed on 4/2/2020.] |
| Filing 16 MOTION for Temporary Stay of Proceedings Pending the Judicial Panel on Multidistrict Litigation's Final Transfer Decision (corrected PDF format) by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Attachments: #1 Proposed Order)(Scott, Emily) [Transferred from vaed on 4/2/2020.] |
| MOTIONS REFERRED to Magistrate Judge: Krask. #15 MOTION for Extension of Time to Answer, Move or Otherwise Respond to Complaint (tamarm, ) [Transferred from vaed on 4/2/2020.] |
| Notice of Correction re 13 MOTION for Temporary Stay of Proceedings Pending the Judicial Panel on Multidistrict Litigation's Final Transfer Decision by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc. and 14 Memorandum in Support. Documents are saved in a fillable format and need to be refiled in pdf. Documents have been removed and filer notified to refile.(tamarm, ) Modified text on 2/14/2020 (tamarm, ). [Transferred from vaed on 4/2/2020.] |
| Filing 15 MOTION for Extension of Time to Answer, Move or Otherwise Respond to Complaint by Mallinckrodt LLC. (Attachments: #1 Proposed Order)(Miller, Sarah) [Transferred from vaed on 4/2/2020.] |
| Filing 14 Memorandum in Support re 13 MOTION for Temporary Stay of Proceedings Pending the Judicial Panel on Multidistrict Litigation's Final Transfer Decision filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Attachments: # 1 Exhibit 1 - CTO-131, # 2 Exhibit 2 - List of Opioid Cases, # 3 Exhibit 3 - Stay Orders, # 4 Exhibit 4 - J. Polster Federal Officer Order, # 5 Exhibit 5 - Fed Officer Removed Cases, # 6 Exhibit 6 - Fed Officer Stay Orders, # 7 Exhibit 7 - Diversity Based Removals, # 8 Exhibit 8 - NY Fraudulent Misjoinder Cases, # 9 Exhibit 9 - Federal Question Removed Cases, # 10 Exhibit 10 - CAFA Removed Cases, # 11 Exhibit 11 - CAFA Stay Orders, # 12 Exhibit 12 - Board of Commissioners Opinion, # 13 Exhibit 13 - Commonwealth of Kentucky)(Scott, Emily) [Transferred from vaed on 4/2/2020.] |
| Filing 13 MOTION for Temporary Stay of Proceedings Pending the Judicial Panel on Multidistrict Litigation's Final Transfer Decision by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Attachments: # 1 Proposed Order)(Scott, Emily) [Transferred from vaed on 4/2/2020.] |
| Case reassigned to District Judge Arenda L. Wright Allen. District Judge Raymond A. Jackson no longer assigned to the case. (tamarm, ) [Transferred from vaed on 4/2/2020.] |
| Filing 12 Corporate Disclosure Statement by CaremarkPCS Health, L.L.C., CaremarkPCS, L.L.C., CVS Health Corporation, CVS Pharmacy, Inc., CVS TN Distribution, L.L.C., Caremark, L.L.C., Virginia CVS Pharmacy, L.L.C., Caremark RX, L.L.C.. (Coburn, Samuel) [Transferred from vaed on 4/2/2020.] |
| Filing 11 NOTICE of Appearance by Samuel Perry Coburn on behalf of CVS Health Corporation, CVS Pharmacy, Inc., CVS TN Distribution, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C., CaremarkPCS Health, L.L.C., CaremarkPCS, L.L.C., Virginia CVS Pharmacy, L.L.C. (Coburn, Samuel) [Transferred from vaed on 4/2/2020.] |
| Notice of Correction re #1 Notice of Removal: The filer did not add all of the parties noted on the complaint. The Clerk's Office has corrected the error and no further action is needed at this time. However, please add all parties in any future cases filed with this Court. (afar) [Transferred from vaed on 4/2/2020.] |
| Filing 10 NOTICE by Optum, Inc., OptumRX, Inc., UnitedHealth Group Incorporated of Supplemental Notice of Removal (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Broughton, Turner) [Transferred from vaed on 4/2/2020.] |
| Filing 9 Corporate Disclosure Statement by UnitedHealth Group Incorporated. (Broughton, Turner) [Transferred from vaed on 4/2/2020.] |
| Filing 8 Corporate Disclosure Statement by OptumRX, Inc.. (Broughton, Turner) [Transferred from vaed on 4/2/2020.] |
| Filing 7 Corporate Disclosure Statement by Optum, Inc.. (Broughton, Turner) [Transferred from vaed on 4/2/2020.] |
| Filing 6 NOTICE of Appearance by Turner A. Broughton on behalf of Optum, Inc., OptumRX, Inc., UnitedHealth Group Incorporated (Broughton, Turner) [Transferred from vaed on 4/2/2020.] |
| ***Civil Case Terminated, OPENED IN ERROR (epri, ) [Transferred from vaed on 4/2/2020.] |
| Filing 5 Corporate Disclosure Statement by ESI Mail Pharmacy Service, Inc.. (Scott, Emily) [Transferred from vaed on 4/2/2020.] |
| Filing 4 Corporate Disclosure Statement by Express Scripts Pharmacy, Inc.. (Scott, Emily) [Transferred from vaed on 4/2/2020.] |
| Filing 3 Corporate Disclosure Statement by Express Scripts Holding Company. (Scott, Emily) [Transferred from vaed on 4/2/2020.] |
| Filing 2 Corporate Disclosure Statement by Express Scripts, Inc.. (Scott, Emily) [Transferred from vaed on 4/2/2020.] |
| Filing 1 Notice of Removal ( Filing fee $ 400, receipt number 0422-7034288.), filed by Express Scripts, Inc., Express Scripts Holding Company, ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc.. (Attachments: #1 Exhibit 1 - List of Opioid Cases, #2 Exhibit 2 - Northampton State Court File, #3 Exhibit 3 - Civil Cover Sheet with attachment)(Scott, Emily) [Transferred from vaed on 4/2/2020.] |
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