Fultondale, Alabama, City of et al v. Amneal Pharmaceuticals LLC et al
| Centre, Alabama, City of, Attalla, Alabama, City Of, Graysville, Alabama, City of, Cedar Bluff, Alabama, Town of, Dadeville, Alabama, City of, Camp Hill, Alabama, Town of, Gilbertown, Alabama, Town Of, Oakman, Alabama, Town of and Fultondale, Alabama, City of |
| Actavis Pharma, Inc., H.D. Smith LLC, Thomas Mason Dunn, Alt MD PC doing business as Hoover Alt MD, Walgreen Co. Inc., Mallinckrodt LLC, McKesson Corporation, Mallinckrodt PLC, Rite Aid of Alabama, Inc., John Ladd Buckingham, Mallinckrodt Brand Pharmaceuticals, Inc, Wal-Mart Inc., Amneal Pharmaceuticals LLC, Assertio Therapeutics, Inc., Cardinal Health Inc., Teva Pharmaceuticals USA, Inc., Allergan U.S.A., Inc., Clinic (CCMC) LLC, Janssen Pharmaceuticals Inc., Endo Pharmaceuticals Inc., Actavis LLC, Cephalon Inc., Amneal Pharmaceuticals Inc., Wal-Mart Stores East L.P., Walgreen Eastern Co. Inc., Allergan Finance LLC, Allergan PLC, Steven Hefter, Austin Haskew, CVS Indiana L.L.C., Endo Health Solutions Inc., Johnson & Johnson, Weightloss Clinic and Pain Management (CDPM), Watson Pharmaceuticals, Inc., Ngozi Justina Ozuligbo, Doctor Buckingham M.D., Allergan Sales LLC, Par Pharmaceutical, Inc., Matthew Korcz, AmerisourceBergen Drug Corporation, Cindy Louis Hyche Dunn, Cindy Dunn, CVS Health Corporation, Henry Schein Inc., Rite Aid of Maryland Inc., Noramco Inc, SpecGX LLC, Watson Pharma, Inc., CVS Pharmacy Inc., H.D. Smith Wholesale Drug Company, Morris & Dickson Co LLC, Care Complete Medical, Elizabeth Korcz, Par Pharmaceuticals Companies, Inc. and Anda Inc |
| 1:2020op45265 |
| October 20, 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. § 1332 |
| Both |
Docket Report
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| Filing 37 CASE TRANSFERRED IN from District of Alabama Northern. Case number 2:20-cv-00848. Original file, certified copy of transfer order and docket sheet received. |
Filing 36
ORDER Transferring Case to MDL: ORDER of Judicial Panel on Multidistrict Litigation transferring this case to the District of Ohio Northern for inclusion in MDL; certified copy of docket entries and documents requested by transferee clerk electronically transferred to Clerk of Court in District of Ohio Northern. (KEK) [Transferred from alnd on 10/20/2020.]
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| Filing 35 Mail Returned as Undeliverable. Mail sent to Alt MD PC (Doc 33). (KEK) [Transferred from alnd on 10/20/2020.] |
| Filing 34 Mail Returned as Undeliverable. Mail sent to John Ladd Buckingham (Doc 33). (KEK) [Transferred from alnd on 10/20/2020.] |
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Filing 33
TEXT ORDER granting the #32 motion for extension of time for Defendant Henry Schein, Inc. to file a responsive pleading until thirty days after the later of (1) a decision by the Judicial Panel on Multidistrict Litigation granting a motion to vacate a conditional transfer order covering this action or otherwise finally denying transfer of this action; or (2) this court's ruling on the propriety of remand. Signed by Judge Annemarie Carney Axon on 8/17/2020. (KEK) [Transferred from alnd on 10/20/2020.]
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| Filing 32 MOTION for Extension of Time to File Responsive Pleading by Henry Schein Inc. (Henig, John) [Transferred from alnd on 10/20/2020.] |
| Filing 31 REPLY to re #23 Moving Defendants Reply in Support of Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation filed by Endo Health Solutions Inc, Endo Pharmaceuticals Inc, Par Pharmaceutical Inc, Par Pharmaceuticals Companies Inc. (Turner, Sara) [Transferred from alnd on 10/20/2020.] |
| Filing 30 RESPONSE in Opposition re #23 MOTION to Stay Moving Defendants Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation filed by Attalla, Alabama, City Of, Camp Hill, Alabama, Town of, Cedar Bluff, Alabama, Town of, Centre, Alabama, City of, Dadeville, Alabama, City of, Fultondale, Alabama, City of, Gilbertown, Alabama, Town Of, Graysville, Alabama, City of, Oakman, Alabama, Town of. (Frazer, Thomas) [Transferred from alnd on 10/20/2020.] |
| Filing 29 REPLY Brief in Support of #20 filed by Plaintiffs Attalla, Alabama, City Of, Camp Hill, Alabama, Town of, Cedar Bluff, Alabama, Town of, Centre, Alabama, City of, Dadeville, Alabama, City of, Fultondale, Alabama, City of, Gilbertown, Alabama, Town Of, Graysville, Alabama, City of, Oakman, Alabama, Town of re: #26 Response in Opposition to Motion, filed by Attalla, Alabama, City Of, Camp Hill, Alabama, Town of, Cedar Bluff, Alabama, Town of, Centre, Alabama, City of, Dadeville, Alabama, City of, Fultondale, Alabama, City of, Gilbertown, Alabama, Town Of, Graysville, Alabama, City of, Oakman, Alabama, Town of. (Attachments: #1 Exhibit A - Case Authority)(Frazer, Thomas) Modified on 7/27/2020 (KEK). [Transferred from alnd on 10/20/2020.] |
| Filing 28 REPLY in Support of Plaintiffs' Motion to Remand filed by Attalla, Alabama, City Of, Camp Hill, Alabama, Town of, Cedar Bluff, Alabama, Town of, Centre, Alabama, City of, Dadeville, Alabama, City of, Fultondale, Alabama, City of, Gilbertown, Alabama, Town Of, Graysville, Alabama, City of, Oakman, Alabama, Town of. (Frazer, Thomas) Modified on 7/27/2020 (KEK). [Transferred from alnd on 10/20/2020.] |
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Filing 27
TEXT ORDER - Before the court is #23 Moving Defendants Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation - A response to this motion is due on or before July 28, 2020. Signed by Judge Annemarie Carney Axon on 7/21/20. (SAC) [Transferred from alnd on 10/20/2020.]
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| Filing 26 RESPONSE in Opposition re #20 MOTION to Strike #9 Notice of Removal, , #19 MOTION to Remand MOTION to Remand to State Court filed by Walgreen Co Inc, Walgreen Eastern Co Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Sumblin, Anne) [Transferred from alnd on 10/20/2020.] |
| Filing 25 RESPONSE in Opposition re #19 MOTION to Remand MOTION to Remand to State Court filed by Endo Health Solutions Inc, Endo Pharmaceuticals Inc. (Attachments: #1 Exhibit 1)(Turner, Sara) [Transferred from alnd on 10/20/2020.] |
| Filing 24 Brief re #23 MOTION to Stay Moving Defendants Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation Moving Defendants Memorandum in Support of Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation filed by Endo Health Solutions Inc, Endo Pharmaceuticals Inc, Par Pharmaceutical Inc, Par Pharmaceuticals Companies Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Turner, Sara) [Transferred from alnd on 10/20/2020.] |
| Filing 23 MOTION to Stay Moving Defendants Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation by Endo Health Solutions Inc, Endo Pharmaceuticals Inc, Par Pharmaceutical Inc, Par Pharmaceuticals Companies Inc. (Turner, Sara) [Transferred from alnd on 10/20/2020.] |
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Filing 22
TEXT ORDER. On June 29, 2020, the court entered a 15 show cause order requiring Plaintiffs to respond to Defendants' arguments about the court's subject matter jurisdiction, and permitting Defendants to reply on or before July 20, 2020. In response, Plaintiffs filed a #19 motion to remand and a #20 motion to strike the #9 supplemental notice of removal. On or before July 20, 2020, Defendants may file one joint response to each motion; the joint responses will also serve as their replies to the court's show cause order. Plaintiffs may file a reply to each joint response, if necessary, on or before July 27, 2020. Signed by Judge Annemarie Carney Axon on 7/14/20. (SAC) [Transferred from alnd on 10/20/2020.]
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| Filing 21 RESPONSE in Opposition re #11 MOTION to Dismiss filed by Attalla, Alabama, City Of, Camp Hill, Alabama, Town of, Cedar Bluff, Alabama, Town of, Centre, Alabama, City of, Dadeville, Alabama, City of, Fultondale, Alabama, City of, Gilbertown, Alabama, Town Of, Graysville, Alabama, City of, Oakman, Alabama, Town of. (Frazer, Thomas) [Transferred from alnd on 10/20/2020.] |
| Filing 20 MOTION to Strike #9 Notice of Removal, by Attalla, Alabama, City Of, Camp Hill, Alabama, Town of, Cedar Bluff, Alabama, Town of, Centre, Alabama, City of, Dadeville, Alabama, City of, Fultondale, Alabama, City of, Gilbertown, Alabama, Town Of, Graysville, Alabama, City of, Oakman, Alabama, Town of. (Attachments: #1 Exhibit A. Judge Polster's Opinion and Order)(Frazer, Thomas) [Transferred from alnd on 10/20/2020.] |
| Filing 19 MOTION to Remand , MOTION to Remand to State Court by Attalla, Alabama, City Of, Camp Hill, Alabama, Town of, Cedar Bluff, Alabama, Town of, Centre, Alabama, City of, Dadeville, Alabama, City of, Fultondale, Alabama, City of, Gilbertown, Alabama, Town Of, Graysville, Alabama, City of, Oakman, Alabama, Town of. (Attachments: #1 Exhibit A. Brown v. Endo, #2 Exhibit B. Judge Polster's Opinion and Order, #3 Exhibit C. Judge Poster's Opinion and Order regarding Defendants' Motion to Dismiss)(Frazer, Thomas) [Transferred from alnd on 10/20/2020.] |
| Filing 18 Corporate Disclosure Statement by Amneal Pharmaceuticals LLC. filed by Amneal Pharmaceuticals LLC (Walker, Thomas) [Transferred from alnd on 10/20/2020.] |
| Filing 17 Corporate Disclosure Statement by Amneal Pharmaceuticals Inc. filed by Amneal Pharmaceuticals Inc (Walker, Thomas) [Transferred from alnd on 10/20/2020.] |
| Filing 16 Corporate Disclosure Statement by Amerisourcebergen Drug Corporation. filed by Amerisourcebergen Drug Corporation (Strubel, J) [Transferred from alnd on 10/20/2020.] |
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Filing 15
TEXT ORDER vacating the 12 briefing schedule on Defendant Assertio Therapeutics, Inc.'s #11 motion to dismiss. The removing defendants assert in their #1 notice of removal that the court has diversity jurisdiction because any non-diverse defendants were fraudulently joined. Other defendants assert in a #9 supplemental notice of removal that the court has federal question jurisdiction under the Class Action Fairness Act and because this case presents a substantial federal question. The court ORDERS Plaintiffs to respond to all assertions of subject matter jurisdiction, in writing, on or before July 13, 2020. Defendants may file a reply, if necessary, on or before July 20, 2020. Signed by Judge Annemarie Carney Axon on 6/29/2020. (KEK) [Transferred from alnd on 10/20/2020.]
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| Filing 14 Corporate Disclosure Statement by Rite Aid of Alabama Inc, Rite Aid of Maryland Inc. filed by Rite Aid of Alabama Inc, Rite Aid of Maryland Inc (Irvine, George) [Transferred from alnd on 10/20/2020.] |
| Filing 13 Corporate Disclosure Statement by Wal-Mart Inc, Wal-Mart Stores East LP. filed by Wal-Mart Inc, Wal-Mart Stores East LP (Hargrove, Alan) [Transferred from alnd on 10/20/2020.] |
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Filing 12
***VACATED*** TEXT ORDER - Before the court is #11 Motion to Dismiss, filed by Assertio Therapeutics Inc. The plaintiffs' response is due on or before July 7, 2020; a reply, if any, is due on or before July 14, 2020. Signed by Judge Annemarie Carney Axon on 6/23/20. (SAC) Modified on 6/29/2020 (KEK). [Transferred from alnd on 10/20/2020.]
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| Filing 11 MOTION to Dismiss by Assertio Therapeutics Inc. (Green, Wilson) [Transferred from alnd on 10/20/2020.] |
| Filing 10 Corporate Disclosure Statement by Assertio Therapeutics Inc. filed by Assertio Therapeutics Inc (Green, Wilson) [Transferred from alnd on 10/20/2020.] |
| Filing 9 NOTICE OF REMOVAL by Walgreen Co Inc, Walgreen Eastern Co Inc Supplemental Notice of Removal from Circuit Court of Jefferson County, Alabama, Birmingham Division, case number cv-2020-901723. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Sumblin, Anne) [Transferred from alnd on 10/20/2020.] |
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Filing 8
TEXT ORDER granting the #5 motion for extension of time for the moving defendants to file a responsive pleading until thirty days after the later of (1) a decision by the Judicial Panel on Multidistrict Litigation granting a motion to vacate a conditional transfer order covering this action or otherwise finally denying transfer of this action; or (2) this court's ruling on the propriety of remand. Signed by Judge Annemarie Carney Axon on 6/17/2020. (RLW) [Transferred from alnd on 10/20/2020.]
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| Filing 7 NOTICE OF REASSIGNMENT The above-styled civil action has been reassigned to the Honorable Annemarie Carney Axon. Please use case number 2:20 CV 848 ACA on all subsequent pleadings. (AKD) [Transferred from alnd on 10/20/2020.] |
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Filing 6
ORDER REASSIGNING CASE- Due to the nature of this action and case-specific circumstances, the undersigned has determined he will not be able to obtain consent in this action in a timely manner. Therefore, consistent with the General Order For Referral of Civil Matters to the United States Magistrate Judges of the Northern District of Alabama, dated January 2, 2015, the Clerk is DIRECTED to reassign the case to a District Judge for all further proceedings. Signed by Magistrate Judge John H England, III on 06/17/2020. (AKD) [Transferred from alnd on 10/20/2020.]
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| Filing 5 Emergency MOTION for Extension of Time Moving Defendants Emergency Motion for Extension of Time to File Responsive Pleadings Motion is RIPE 6/16/2020. Any party may file a motion to reconsider within three (3) business days of a ruling on the motion.Filed by Endo Health Solutions Inc, Endo Pharmaceuticals Inc, Par Pharmaceutical Inc, Par Pharmaceuticals Companies Inc. (Turner, Sara) [Transferred from alnd on 10/20/2020.] |
| Filing 4 Corporate Disclosure Statement by Endo Pharmaceuticals Inc. filed by Endo Pharmaceuticals Inc (Turner, Sara) [Transferred from alnd on 10/20/2020.] |
| Filing 3 Corporate Disclosure Statement by Endo Health Solutions Inc. filed by Endo Health Solutions Inc (Turner, Sara) [Transferred from alnd on 10/20/2020.] |
| Filing 2 NOTICE OF CONSENT to a magistrate judge in a civil action. (AKD) [Transferred from alnd on 10/20/2020.] |
| Filing Fee: Filing fee $ 400, receipt_number 1126-3611118 (ALND receipt# B4601106597). related document #1 NOTICE OF REMOVAL by Endo Health Solutions Inc and Endo Pharmaceuticals Inc from Jefferson County Circuit Court, case number 01-CV-202--901723., filed by Endo Health Solutions Inc, Endo Pharmaceuticals Inc. (Attachments: # 1 Exhibit Part 1, # 2 Exhibit Part 2, # 3 Exhibit Part 3, # 4 Exhibit Part 4, # 5 Exhibit Part 5, # 6 Exhibit Part 6, # 7 Exhibit Part 7, # 8 Exhibit Part 8, # 9 Exhibit Part 9, # 10 Exhibit Part 10)(AKD). (Turner, Sara) Modified on 6/16/2020 (AKD). [Transferred from alnd on 10/20/2020.] |
| Defendant McKesson Corporation motion for extention of time deemed filed in Circuit Court of Jefferson County on 6/4/2020 (exhibit 10 page 682) (AKD) [Transferred from alnd on 10/20/2020.] |
| Defendant Henry Shein Inc. motion for extension of time to answer deemed filed in Circuit Court of Jefferson County on 6/14/2020 ( Exhibit 10 page 873) (AKD) [Transferred from alnd on 10/20/2020.] |
| Filing 1 NOTICE OF REMOVAL by Endo Health Solutions Inc and Endo Pharmaceuticals Inc from Jefferson County Circuit Court, case number 01-CV-202--901723., filed by Endo Health Solutions Inc, Endo Pharmaceuticals Inc. (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2, #3 Exhibit Part 3, #4 Exhibit Part 4, #5 Exhibit Part 5, #6 Exhibit Part 6, #7 Exhibit Part 7, #8 Exhibit Part 8, #9 Exhibit Part 9, #10 Exhibit Part 10)(AKD) [Transferred from alnd on 10/20/2020.] |
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