City of Winchester, Virginia v. Mallinckrodt PLC et al
| City of Winchester, Virginia |
| Par Pharmaceutical Companies Inc., 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., Express Scripts Inc., Teva Pharmeceuticals USA, Inc., Endo Pharmaceuticals Inc., Rite Aid of Virginia, Inc., Actavis LLC, Rite Aid Mid-Atlantic, Caremark, L.L.C., Eckerd Corporation, Allergan Finance LLC, Actavis Pharma, Inc., ESI Mail Pharmacy Service, Inc., CVS TN Distribution Center, LLC, Walgreen Co., Mylan Pharmaceuticals 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., Does 1-100, CaremarkPCS, L.L.C., AmerisourceBergen Drug Corporation, Par Pharmaceutical Inc., CVS Health Corporation, Henry Schein Inc., Rite Aid of Maryland, SpecGX LLC, McKesson Medical-Surgical, Inc., CVS Pharmacy Inc., Rite Aid Corp., Express Scripts Pharmacy, Inc., Walmart Inc., UnitedHealth Group Incorporated and General Injectables & Vaccines, Inc. |
| 1:2020op45176 |
| June 12, 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 |
Docket Report
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This docket was last retrieved on June 12, 2020. A more recent docket listing may be available from PACER.
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| Filing 38 CASE TRANSFERRED IN from District of Virginia Western. Case number 5:20-cv-00013. Original file, certified copy of transfer order and docket sheet received. |
| Filing 37 Notice of MDL Transfer Order from Northern District of Ohio; MDL No. 2804 (ck) [Transferred from vawd on 6/12/2020.] |
Filing 36
Oral ORDER granting #35 Motion to Withdraw as Attorney. Attorney Raymond Daniel Jackson terminated. Entered by Judge Elizabeth K. Dillon on 5/28/2020. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ck) [Transferred from vawd on 6/12/2020.]
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| Filing 35 MOTION to Withdraw as Attorney by Walmart Inc.. (Jackson, Raymond) [Transferred from vawd on 6/12/2020.] |
| Filing 34 NOTICE of Appearance by William George Laxton, Jr on behalf of Walmart Inc. (Laxton, William) [Transferred from vawd on 6/12/2020.] |
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Filing 33
ORDER granting #16 Motion to Stay Case. This case is STAYED temporarily pending a decision by the JPML as to whether this case will be transferred to the Opiate MDL. Signed by Judge Elizabeth K. Dillon on 5/6/2020. (ck) [Transferred from vawd on 6/12/2020.]
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| Filing 32 RESPONSE in Support re #27 MOTION to Stay . filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Scott, Emily) [Transferred from vawd on 6/12/2020.] |
| Filing 31 RESPONSE in Opposition re #27 MOTION to Stay . filed by City of Winchester, Virginia. (Conrod, Richard) [Transferred from vawd on 6/12/2020.] |
| Filing 30 REPLY to Response to Motion re #20 Supplemental MOTION to Remand to State Court and Incorporated Memorandum of Law . filed by City of Winchester, Virginia. (Conrod, Richard) [Transferred from vawd on 6/12/2020.] |
| Filing 29 REPLY to Response to Motion re #19 MOTION to Remand to State Court and Incorporated Memorandum of Law . filed by City of Winchester, Virginia. (Conrod, Richard) [Transferred from vawd on 6/12/2020.] |
| Filing 28 Brief / Memorandum in Support re #27 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 vawd on 6/12/2020.] |
| Filing 27 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 Text of Proposed Order)(Scott, Emily) Modified on 4/8/2020 to reflect correct docket event type (jv). [Transferred from vawd on 6/12/2020.] |
| Filing 26 RESPONSE in Opposition re #19 MOTION to Remand to State Court and Incorporated Memorandum of Law . 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 - Diversity Removed Cases, #3 Exhibit 3 - Cahill Declaration, #4 Exhibit 4 - Statement of Work (DOD Contract), #5 Exhibit 5 - Mecklenburg Stay Order, #6 Exhibit 6 - List of Opioid Cases)(Scott, Emily) [Transferred from vawd on 6/12/2020.] |
| Filing 25 RESPONSE in Opposition re #20 Supplemental MOTION to Remand to State Court and Incorporated Memorandum of Law . 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-139, #2 Exhibit B - Third Wave Stay Orders, #3 Exhibit C - Third Wave Transfer Orders)(Coburn, Samuel) [Transferred from vawd on 6/12/2020.] |
| Filing 24 RESPONSE in Support re #16 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 - Updated Federal Officer Removed Cases, #2 Exhibit 2 - Judge Polster Order, #3 Exhibit 3 - Van Tatenhove Stay Order, #4 Exhibit 4 - Martinsville Stay Order)(Scott, Emily) [Transferred from vawd on 6/12/2020.] |
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Filing 23
ORDER granting #22 Motion for an Order Memorializing Parties' Agreement Regarding Time to Answer, Move or Otherwise Respond to Complaint - Unopposed Motion. Signed by Judge Elizabeth K. Dillon on 3/30/2020. (jv) [Transferred from vawd on 6/12/2020.]
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| Filing 22 MOTION for an Order Memorializing Parties' Agreement Regarding Time to Answer, Move or Otherwise Respond to Complaint - Unopposed Motion by Mallinckrodt LLC, SpecGX LLC. (Attachments: #1 Text of Proposed Order)(Miller, Sarah) [Transferred from vawd on 6/12/2020.] |
| Filing 21 RESPONSE in Opposition re #16 MOTION for Temporary Stay of Proceedings Pending the Judicial Panel on Multidistrict Litigation's Final Transfer Decision . filed by City of Winchester, Virginia. (Attachments: #1 Exhibit Exhibit A - Transcript of Nov 6, 2017 Hearing)(Conrod, Richard) [Transferred from vawd on 6/12/2020.] |
| Filing 20 Supplemental MOTION to Remand to State Court and Incorporated Memorandum of Law by City of Winchester, Virginia. (Conrod, Richard) [Transferred from vawd on 6/12/2020.] |
| Filing 19 MOTION to Remand to State Court and Incorporated Memorandum of Law by City of Winchester, Virginia. (Attachments: #1 Exhibit Exhibit 1 - ES Military Health System SOW)(Conrod, Richard) [Transferred from vawd on 6/12/2020.] |
| Filing 18 Certified State Court Records received electronically from City of Winchester Circuit Court, CL20000094-00 (Attachments: #1 State Court Records as filed in City of Winchester Circuit Court)(jv) [Transferred from vawd on 6/12/2020.] |
| Filing 17 Brief / Memorandum in Support re #16 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-139, #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 vawd on 6/12/2020.] |
| Filing 16 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 Text of Proposed Order)(Scott, Emily) Modified on 3/11/2020 to reflect correct docket event type (jv). [Transferred from vawd on 6/12/2020.] |
| Filing 15 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 vawd on 6/12/2020.] |
| Filing 14 NOTICE of Appearance by William Edgar Spivey on behalf of City of Winchester, Virginia (Spivey, William) [Transferred from vawd on 6/12/2020.] |
| Filing 13 Positive Corporate Disclosure Statement by Optum, Inc. (Broughton, Turner) [Transferred from vawd on 6/12/2020.] |
| Filing 12 Positive Corporate Disclosure Statement by OptumRx, Inc. (Broughton, Turner) [Transferred from vawd on 6/12/2020.] |
| Filing 11 Positive Corporate Disclosure Statement by UnitedHealth Group Incorporated (Broughton, Turner) [Transferred from vawd on 6/12/2020.] |
| Filing 10 NOTICE of Appearance by Turner Anderson Broughton on behalf of Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated (Broughton, Turner) [Transferred from vawd on 6/12/2020.] |
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Filing 9
Order Requesting Transmittal of Case File from City of Winchester Circuit Court. Signed by Judge Elizabeth K. Dillon on 2/26/2020. Mailed this day to City of Winchester Circuit Court. (jv) [Transferred from vawd on 6/12/2020.]
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| Filing 8 Positive Corporate Disclosure Statement 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. identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation for 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.; Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc.. (Coburn, Samuel) [Transferred from vawd on 6/12/2020.] |
| Filing 7 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 vawd on 6/12/2020.] |
| Filing 2 Modified on 2/26/2020 TO REFLECT CORRECT PARTIES (jv). Notice of Filing Requirement to Actavis Pharma, Inc., Actavis, LLC, AmerisourceBergen Drug Corporation, Barr Laboratories, Inc., 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., Cephalon, Inc., City of Winchester, Virginia, Endo Health Solutions, Inc, Endo Pharmaceuticals, Inc., General Injectables & Vaccines, Inc., Henry Schein, Inc., Indivior Inc., Insource, Inc., Mallinckrodt LLC, McKesson Corporation, McKesson Medical-Surgical Inc., Mylan Institutional Inc., Mylan Pharmaceuticals Inc., Optum, Inc., OptumRx, Inc., PAR Pharmaceutical Companies, Inc., PAR Pharmaceutical, Inc., SpecGX LLC, TEVA Pharmaceuticals USA, Inc., UnitedHealth Group Incorporated, Virginia CVS Pharmacy, L.L.C., Walgreen Co., Walgreen Eastern Co., Inc., Walmart Inc., Watson Laboratories, Inc., Cardinal Health Inc. - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are directed to file a Corporate Disclosure Statement with their first appearance, pleading, motion or response. #Click here to access the Corporate Disclosure Statement Form. This form should be electronically filed in this matter as ordered. (jv) [Transferred from vawd on 6/12/2020.] |
| Filing 6 Positive Corporate Disclosure Statement by Express Scripts Pharmacy, Inc. identifying Corporate Parent Cigna Corporation, Corporate Parent Express Scripts Holding Company for Express Scripts Pharmacy, Inc.. (jv) [Transferred from vawd on 6/12/2020.] |
| Filing 5 Positive Corporate Disclosure Statement by ESI Mail Pharmacy Service, Inc. identifying Corporate Parent Cigna Corporation, Corporate Parent Express Scripts Holding Company, Corporate Parent Express Scripts, Inc. for ESI Mail Pharmacy Service, Inc.. (jv) [Transferred from vawd on 6/12/2020.] |
| Filing 4 Positive Corporate Disclosure Statement by Express Scripts, Inc. identifying Corporate Parent Cigna Corporation, Corporate Parent Express Scripts Holding Company for Express Scripts, Inc.. (jv) [Transferred from vawd on 6/12/2020.] |
| Filing 3 Positive Corporate Disclosure Statement by Express Scripts Holding Company identifying Corporate Parent Cigna Corporation for Express Scripts Holding Company. (jv) [Transferred from vawd on 6/12/2020.] |
| Filing 1 NOTICE OF REMOVAL from Winchester City Circuit Court, case number CL20000094-00. (Filing & Administrative fee $ 400, receipt number 0423-3338542), filed by Optum, Inc., Express Scripts Holding Company, Caremark, L.L.C., Express Scripts Pharmacy, Inc., Express Scripts, Inc., ESI Mail Pharmacy Service, Inc., CaremarkPCS Health, L.L.C., UnitedHealth Group Incorporated, Caremark RX, L.L.C., OptumRx, Inc., CVS Health Corporation. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1. List of Opioid Cases, #3 Exhibit 2. CCS and complaint as filed in City of Winchester Circuit Court)(jv) [Transferred from vawd on 6/12/2020.] |
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