Henrico County, VA v. Mallinckrodt PLC et al
| Henrico County, VA |
| McKesson Corporation, Mylan Institutional Inc., Express Scripts Holding Company, Mallinckrodt LLC, Mallinckrodt PLC, CaremarkPCS Health, L.L.C., Walgreens Boots Alliance Inc., Insource, Inc., Watson Laboratories Inc., Allergan PLC, OptumRX, 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., Eckerd Corporation, Allergan Finance LLC, Actavis Pharma, Inc., ESI Mail Pharmacy Service, Inc., Walgreen Co., Mylan Pharmaceuticals Inc., Par Pharmaceutical Companies, Inc., Walgreen Eastern Co. Inc., Cardinal Health Inc., Virginia CVS Pharmacy LLC, Optum, Inc., Caremark Rx, L.L.C., Endo Health Solutions Inc., Indivior Inc., Cephalon Inc., Barr Laboratories, Inc., 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., Walmart Inc., UnitedHealth Group Incorporated, Does 1 - 100 and General Injectables & Vaccines, Inc. |
| 1:2020op45172 |
| June 11, 2020 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster (MDL 2804) |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| Plaintiff |
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| Filing 32 CASE TRANSFERRED IN from District of Virginia Eastern. Case number 3:20-cv-00077. Original file, certified copy of transfer order and docket sheet received. |
| Filing 31 MDL TRANSFER ORDER re: 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.. Signed by Karen K. Caldwell, Chair(tjoh, ) [Transferred from vaed on 6/11/2020.] |
| Case transferred to District of Ohio Northern. (tjoh, ) [Transferred from vaed on 6/11/2020.] |
***TEXT ONLY ENTRY*** TRANSFER ORDER re: pldg. ( 7324 in MDL No. 2804, 30 in OKW/5:20-cv-00150, 25 in OKW/5:20-cv-00159, 25 in OKW/5:20-cv-00161, 19 in OKW/5:20-cv-00163), ( 7411 in MDL No. 2804, 6 in MOE/4:20-cv-00387), ( 7235 in MDL No. 2804, 12 in MSN/1:20-cv-00021), ( 7141 in MDL No. 2804, 6 in VAE/3:20-cv-00051), ( 7250 in MDL No. 2804, 25 in VAE/3:20-cv-00077), ( 7578 in MDL No. 2804, 27 in MOE/4:20-cv-00387, 23 in MSN/1:20-cv-00021, 44 in OKW/5:20-cv-00150, 39 in OKW/5:20-cv-00159, 41 in OKW/5:20-cv-00161, 33 in OKW/5:20-cv-00163, 30 in PAE/2:20-cv-01385, 33 in VAE/1:20-cv-00218, 30 in VAE/1:20-cv-00261, 35 in VAE/3:20-cv-00051, 35 in VAE/3:20-cv-00064, 33 in VAE/3:20-cv-00077, 28 in VAE/3:20-cv-00175, 35 in VAW/5:20-cv-00013), ( 7353 in MDL No. 2804, 9 in VAE/1:20-cv-00218), ( 7325 in MDL No. 2804, 21 in VAW/5:20-cv-00013), ( 7500 in MDL No. 2804, 7 in PAE/2:20-cv-01385), ( 7180 in MDL No. 2804, 11 in VAE/3:20-cv-00064), ( 7430 in MDL No. 2804, 11 in VAE/1:20-cv-00261), ( 7468 in MDL No. 2804, 19 in VAE/3:20-cv-00175) Transferring 14 action(s) - MDL No. 2804, MOE/4:20-cv-00387, MSN/1:20-cv-00021, OKW/5:20-cv-00150, OKW/5:20-cv-00159, OKW/5:20-cv-00161, OKW/5:20-cv-00163, PAE/2:20-cv-01385, VAE/1:20-cv-00218, VAE/1:20-cv-00261, VAE/3:20-cv-00051, VAE/3:20-cv-00064, VAE/3:20-cv-00077, VAE/3:20-cv-00175, VAW/5:20-cv-00013Signed by Judge Karen K. Caldwell, Chair, PANEL ON MULTIDISTRICT LITIGATION, on 6/2/2020. Associated Cases: MDL No. 2804, MOE/4:20-cv-00387, MSN/1:20-cv-00021, OKW/5:20-cv-00150, OKW/5:20-cv-00159, OKW/5:20-cv-00161, OKW/5:20-cv-00163, PAE/2:20-cv-01385, VAE/1:20-cv-00218, VAE/1:20-cv-00261, VAE/3:20-cv-00051, VAE/3:20-cv-00064, VAE/3:20-cv-00077, VAE/3:20-cv-00175, VAW/5:20-cv-00013 (SM) (tjoh, ) [Transferred from vaed on 6/11/2020.]
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| ***TEXT ONLY ENTRY*** MINUTE ORDER -- TO THE TRANSFEROR JUDGES/CLERKS OF THE ASSOCIATED CASES: This transmittal is for informational purposes only. No action is required at this time. A transfer order has been filed today in this litigation. Rule 2.1 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, states. An order to transfer or remand pursuant to 28 U.S.C. 1407 shall be effective only upon its filing with the clerk of the transferee district court. You will receive a certified copy of this order from the transferee court along with notification of the newly assigned case number(s) in that district. With the advent of electronic filing, Rule 9.1 of the Panel Rules shall be satisfied upon transmittal of the portion of the file deemed necessary and requested by the transferee court. Signed by Clerk of the Panel John W. Nichols on 6/2/2020.Associated Cases: MDL No. 2804, MOE/4:20-cv-00387, MSN/1:20-cv-00021, OKW/5:20-cv-00150, OKW/5:20-cv-00159, OKW/5:20-cv-00161, OKW/5:20-cv-00163, PAE/2:20-cv-01385, VAE/1:20-cv-00218, VAE/1:20-cv-00261, VAE/3:20-cv-00051, VAE/3:20-cv-00064, VAE/3:20-cv-00077, VAE/3:20-cv-00175, VAW/5:20-cv-00013 (SM). (tjoh, ) [Transferred from vaed on 6/11/2020.] |
| Filing 30 RESPONSE in Opposition re #23 MOTION Conditional Motion for Order Implementing Automatic Stay Under Federal Rule of Civil Procedure 62(a) filed by Henrico County, VA. (Conrod, Richard) [Transferred from vaed on 6/11/2020.] |
| Filing 29 Rebuttal Brief re #16 MOTION to Remand to State Court Rebuttal Brief in Support of Motion to Remand filed by Henrico County, VA. (Conrod, Richard) [Transferred from vaed on 6/11/2020.] |
| Filing 28 NOTICE of Appearance by William Edgar Spivey on behalf of Henrico County, VA (Spivey, William) [Transferred from vaed on 6/11/2020.] |
| Filing 27 Rebuttal Brief re #18 Supplemental MOTION to Remand to State Court filed by Henrico County, VA. (Conrod, Richard) [Transferred from vaed on 6/11/2020.] |
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Filing 26
MEMORANDUM ORDER (Staying Case) Moving Defendants' Motion for Temporary Stay of Proceedings Pending the Judicial Panel on Multidistrict Litigation's Final Transfer Decision (ECF No. 14) is hereby GRANTED. This case is hereby STAYED temporarily pending a decision by the JPML as to whether it will transfer this case to the Opiate MDL. Should the JPML decide not to transfer this case to the Opiate MDL, the stay will expire as of the day of the JPML's decision. The parties shall notify the Court within three (3) days of the JPML's transfer decision. Additionally, Express Scripts' Conditional Motion for Order Implementing Automatic Stay Under Federal Rule of Civil Procedure 62(a) (ECF No. 23) is hereby DENIED WITHOUT PREJUDICE as premature. Signed by District Judge David J. Novak on 03/09/2020. (tjoh, ) [Transferred from vaed on 6/11/2020.]
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| Filing 25 Memorandum in Opposition re #18 Supplemental MOTION to Remand to State Court filed by 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.. (Attachments: #1 Exhibit A (CTO-136), #2 Exhibit B (Wave 3 Stay Orders))(Coburn, Samuel) [Transferred from vaed on 6/11/2020.] |
| Filing 24 Memorandum in Support re #23 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 6/11/2020.] |
| Filing 23 MOTION 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) [Transferred from vaed on 6/11/2020.] |
| Filing 22 Memorandum in Support of Express Scripts' Opposition to Motion to Remand 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) [Transferred from vaed on 6/11/2020.] |
| Filing 21 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 - Updated Federal Officer Cases, #2 Exhibit 2 - Judge Polster Order, #3 Exhibit 3 - Martinsville Stay Order)(Scott, Emily) [Transferred from vaed on 6/11/2020.] |
| Filing 20 RESPONSE in Opposition re #14 MOTION for Temporary Stay of Proceedings Pending the Judicial Panel on Multidistrict Litigation's Final Transfer Decision filed by Henrico County, VA. (Attachments: #1 Exhibit Exhibit A - Transcript of Nov 6, 2017 Hearing)(Conrod, Richard) [Transferred from vaed on 6/11/2020.] |
| Filing 19 Memorandum in Support re #18 Supplemental MOTION to Remand to State Court filed by Henrico County, VA. (Conrod, Richard) [Transferred from vaed on 6/11/2020.] |
| Filing 18 Supplemental MOTION to Remand to State Court by Henrico County, VA. (Conrod, Richard) [Transferred from vaed on 6/11/2020.] |
| Filing 17 Memorandum in Support re #16 MOTION to Remand to State Court filed by Henrico County, VA. (Attachments: #1 Exhibit Exhibit 1 - ES Military Health System SOW)(Conrod, Richard) [Transferred from vaed on 6/11/2020.] |
| Filing 16 MOTION to Remand to State Court by Henrico County, VA. (Conrod, Richard) [Transferred from vaed on 6/11/2020.] |
| Filing 15 Memorandum in Support re #14 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-136, #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 6/11/2020.] |
| Filing 14 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 6/11/2020.] |
| Filing 13 NOTICE by 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. [ SUPPLEMENTAL NOTICE OF REMOVAL ] (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Coburn, Samuel) [Transferred from vaed on 6/11/2020.] |
| Filing 12 Corporate Disclosure Statement by Virginia CVS Pharmacy, L.L.C., CVS Health Corporation, CVS Pharmacy, Inc., CaremarkPCS, L.L.C., CVS TN Distribution, L.L.C., Caremark, L.L.C., CaremarkPCS Health, L.L.C., Caremark RX, L.L.C.. (Coburn, Samuel) [Transferred from vaed on 6/11/2020.] |
| 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 6/11/2020.] |
| Filing 10 NOTICE of Appearance by William Edgar Spivey on behalf of Henrico County, VA (Spivey, William) [Transferred from vaed on 6/11/2020.] |
| Filing 9 Corporate Disclosure Statement by Optum, Inc.. (Broughton, Turner) [Transferred from vaed on 6/11/2020.] |
| Filing 8 Corporate Disclosure Statement by OptumRX, Inc.. (Broughton, Turner) [Transferred from vaed on 6/11/2020.] |
| Filing 7 Corporate Disclosure Statement by UnitedHealth Group Incorporated. (Broughton, Turner) [Transferred from vaed on 6/11/2020.] |
| 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 6/11/2020.] |
| Initial Case Assignment to District Judge David J. Novak. (tjoh, ) [Transferred from vaed on 6/11/2020.] |
| Filing 5 Corporate Disclosure Statement by Express Scripts Pharmacy, Inc.. (Scott, Emily) [Transferred from vaed on 6/11/2020.] |
| Filing 4 Corporate Disclosure Statement by ESI Mail Pharmacy Service, Inc.. (Scott, Emily) [Transferred from vaed on 6/11/2020.] |
| Filing 3 Corporate Disclosure Statement by Express Scripts, Inc.. (Scott, Emily) [Transferred from vaed on 6/11/2020.] |
| Filing 2 Corporate Disclosure Statement by Express Scripts Holding Company. (Scott, Emily) [Transferred from vaed on 6/11/2020.] |
| Filing 1 Notice of Removal ( Filing fee $ 400, receipt number 0422-7064429.), filed by Express Scripts, Inc., Express Scripts Pharmacy, Inc., Express Scripts Holding Company, ESI Mail Pharmacy Service, Inc.. (Attachments: #1 Exhibit 1 - List of Opioid Cases, #2 Exhibit 2 - Henrico State Court File, #3 Exhibit 3 - Civil Cover Sheet with attachment)(Scott, Emily) (Main Document 1 replaced on 2/18/2020) (tjoh, ). [Transferred from vaed on 6/11/2020.] |
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