Marion Hospital Corporation et al v. Abbott Laboratories et al
| Marion Hospital Corporation doing business as Heartland Regional Medical Center, Massac Memorial, LLC doing business as Massac Memorial Hospital, Galesburg Hospital Corporation doing business as Galesburg Cottage Hospital, Red Bud Illinois Hospital Company, LLC doing business as Red Bud Regional Hospital, Blue Island Hospital Company, LLC doing business as Metrosouth Medical Center, National Healthcare of Mt. Vernon, Inc. doing business as Crossroads Community Hospital, Anna Hospital Corporation doing business as Union County Hospital, Waukegan Illinois Hospital Company, LLC doing business as Vista Medical Center East and City Illinois Hospital Company, LLC doing business as Gateway Regional Medical Center |
| H.D. Smith LLC, Impax Laboratories, LLC, Assertio Therapeutics, Inc., Janssen Pharamaceuticals, Inc., Actavis LLC, Actavis Pharma, Inc., Actavis Inc., Abbott Laboratories, Endo Health Solutions, Inc., Actavis Kadian LLC, Abbott Laboratories, Inc., Smith Drug Company, Actavis Totowa LLC, Henry Schein, Inc., Actavis Elizabeth LLC, Allergan Sales, LLC, Actavis South Atlantic LLC, DepoMed Inc, Watson Laboratories Inc., AbbVie, Inc., Cardinal Health Inc., Teva Pharmaceuticals USA, Inc., Endo Pharmaceuticals, Inc., Amneal Pharmaceuticals LLC, Amerisourcebergen Drug Coropration, Actavis Mid-Atlantic LLC, Allergan Finance LLC, Kroger Limited Partnership I, Amneal Pharmaceuticals Inc., Cephalon, Inc., Walgreen Eastern Co. Inc., Amneal Pharmaceuticals of New York, LLC, Par Parmaceuticals Companies, Inc., CVS Health Corporation, Walgreens Boots Alliance, Inc., Actavis Laboratories FL, Inc., Johnson & Johnson, Anda Inc, Par Pharmaceutical, Inc., Watson Pharma Inc. (DE), KVK-Tech, Inc., Impax Laboratories, Inc., Actavis Laboratories UT, Inc., Noramco Inc, SpecGX LLC, Walgreen Co., Janssen Pharmaceutica, Inc. (PA), Mallinckrodt, LLC (DE), CVS Pharmacy Inc., Kroger Limited Partnership II, Walmart, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Wal-Mart Stores East LP, The Kroger Co., Allergan USA, Inc. and H.D. Smith Wholesale Drug Co. |
| 1:2020op45266 |
| October 22, 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. § 1331 |
| None |
Docket Report
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| Filing 43 CASE TRANSFERRED IN from District of Illinois Northern. Case number 1:20-cv-04111. Original file, certified copy of transfer order and docket sheet received. |
| Filing 42 TRANSFERRED to the Northern District of Ohio the electronic record. (lma, ) [Transferred from ilnd on 10/22/2020.] |
| Filing 41 CONDITIONAL TRANSFER ORDER from MDL Panel transferring case to Northern District of Ohio. (lma, ) [Transferred from ilnd on 10/22/2020.] |
| Filing 40 ATTORNEY Appearance for Defendants Mallinckrodt, LLC (DE), SpecGx, LLC (DE) by Nicholas Martin Berg (Berg, Nicholas) [Transferred from ilnd on 10/22/2020.] |
| Filing 39 ATTORNEY Appearance for Defendants Kroger Limited Partnership I (OH), Kroger Limited Partnership II (OH), The Kroger Co. (OH) by Jessica Gomez-Feie (Gomez-Feie, Jessica) [Transferred from ilnd on 10/22/2020.] |
| Filing 38 ATTORNEY Appearance for Defendant The Kroger Co. (OH) by Kenneth M. Battle (Battle, Kenneth) [Transferred from ilnd on 10/22/2020.] |
| Filing 37 ATTORNEY Appearance for Defendants Kroger Limited Partnership I (OH), Kroger Limited Partnership II (OH), The Kroger Co. (OH) by Winnefred A. Monu (Monu, Winnefred) [Transferred from ilnd on 10/22/2020.] |
| Filing 36 ATTORNEY Appearance for Defendants Kroger Limited Partnership I (OH), Kroger Limited Partnership II (OH) by Kenneth M. Battle (Battle, Kenneth) [Transferred from ilnd on 10/22/2020.] |
| Filing 35 MINUTE entry before the Honorable Jorge L. Alonso: Telephonic status hearing previously set for 9/11/20 is stricken. Notice mailed by judge's staff (lf, ) [Transferred from ilnd on 10/22/2020.] |
| Filing 34 ATTORNEY Appearance for Defendant CVS Pharmacy, Inc. (RI) by Conor B. O'Croinin (O'Croinin, Conor) [Transferred from ilnd on 10/22/2020.] |
| Filing 33 MINUTE entry before the Honorable Jorge L. Alonso: Defendant'sMotion to appear pro hac vice #30 is granted. Attorney Conor B. O'Croinin is given leave to file an appearance on behalf of Defendant CVS Pharmacy, Inc. Notice mailed by judge's staff (lf, ) [Transferred from ilnd on 10/22/2020.] |
Filing 32
ORDER: Defendant CVS Pharmacy, Inc.'s motion to stay pending decision of whether to transfer this case to the opioids multidistrict litigation #19 is granted. Accordingly, the Court strikes the briefing schedule on Plaintiffs' motion to remand #12 . Defendant CVS Pharmacy, Inc.'s motion for leave to file a reply in support of its motion to stay #31 is denied as moot. Signed by the Honorable Jorge L. Alonso on 8/25/2020. Notice mailed by judge's staff (lf, ) [Transferred from ilnd on 10/22/2020.]
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| Filing 31 MOTION by Defendant CVS Pharmacy, Inc. (RI) for leave to file reply in support of motion to stay (Attachments: #1 Exhibit 1 Reply ISO Motion to Stay)(Whitmer, Steven) [Transferred from ilnd on 10/22/2020.] |
| Filing 30 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17349059. (Attachments: #1 Exhibit A - Court Admissions)(O'Croinin, Conor) [Transferred from ilnd on 10/22/2020.] |
| Filing 29 Notice of Hearing Session by Multidistrict Litigation Panel (bg, ) [Transferred from ilnd on 10/22/2020.] |
| Filing 28 ATTORNEY Appearance for Defendant Cardinal Health, Inc. (OH) by Anita Maria Kidd (Kidd, Anita) [Transferred from ilnd on 10/22/2020.] |
| Filing 27 ATTORNEY Appearance for Defendant Cardinal Health, Inc. (OH) by Sarah E. Harmon (Harmon, Sarah) [Transferred from ilnd on 10/22/2020.] |
| Filing 26 ATTORNEY Appearance for Defendant Smith Drug Company (SC) by John J. Haggerty (Haggerty, John) [Transferred from ilnd on 10/22/2020.] |
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Filing 25
MINUTE entry before the Honorable Jorge L. Alonso: Defendant CVS Pharmacy, Inc. has filed a motion to stay these proceedings pending likely transfer to the opioids multidistrict litigation #19 , and Plaintiffs have filed a memorandum in opposition #24 . The Court will rule on the motion electronically. Additionally, Defendants who have been served in this matter separately filed an unopposed motion to confirm that the deadline to file their responsive pleadings is stayed, pursuant to 28 U.S.C. 1450. #23 . Based on the representations made by Defendants in the motion, the Court grants the motion #23 and declines to modify the state court's stay order at this time. Notice mailed by judge's staff (lf, ) [Transferred from ilnd on 10/22/2020.]
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| Filing 24 MEMORANDUM by Anna Hospital Corporation, Blue Island Hospital Company, LLC, City Illinois Hospital Company, LLC, Galesburg Hospital Corporation, Marion Hospital Corporation, Massac Memorial, LLC, National Healthcare of Mt. Vernon, Inc., Red Bud Illinois Hospital Company, LLC, Waukegan Illinois Hospital Company, LLC in Opposition to motion to stay #19 (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, #12 Exhibit 12)(Murphy, G.) [Transferred from ilnd on 10/22/2020.] |
| Filing 23 MOTION by Defendants Janssen Pharmaceuticals, Inc., Johnson & Johnson (NJ) The Served Defendants' Unopposed Motion to Confirm that Their Deadline to Respond to the Complaint is Stayed (Knutson, Sherry) [Transferred from ilnd on 10/22/2020.] |
| Filing 22 ATTORNEY Appearance for Defendants Janssen Pharmaceuticals, Inc., Johnson & Johnson (NJ) by Sherry Ann Knutson including Ortho-McNeil-Janssen Pharmaceuticals, Inc., n/k/a Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc., n/k/a Janssen Pharmaceuticals, Inc. (Knutson, Sherry) [Transferred from ilnd on 10/22/2020.] |
| Filing 21 ATTORNEY Appearance for Defendants Janssen Pharmaceuticals, Inc., Johnson & Johnson (NJ) by Brittany Lynne Weiss including Ortho-McNeil-Janssen Pharmaceuticals, Inc., n/k/a Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc., n/k/a Janssen Pharmaceuticals, Inc. (Weiss, Brittany) [Transferred from ilnd on 10/22/2020.] |
| Filing 20 MEMORANDUM by CVS Pharmacy, Inc. (RI) in support of motion to stay #19 pending likely transfer to multidistrict litigation (Attachments: #1 Exhibit Ex. 1, #2 Exhibit Ex. 2, #3 Exhibit Ex. 3, #4 Exhibit Ex. 4, #5 Exhibit Ex. 5, #6 Exhibit Ex. 6, #7 Exhibit Ex. 7, #8 Exhibit Ex. 8, #9 Exhibit Ex. 9, #10 Exhibit Ex. 10, #11 Exhibit Ex. 11, #12 Exhibit Ex. 12, #13 Exhibit Ex. 13, #14 Exhibit Ex. 14, #15 Exhibit Ex. 15, #16 Exhibit Ex. 16, #17 Exhibit Ex. 17, #18 Exhibit Ex. 18)(Whitmer, Steven) [Transferred from ilnd on 10/22/2020.] |
| Filing 19 MOTION by Defendant CVS Pharmacy, Inc. (RI) to stay pending likely transfer to multidistrict litigation (Whitmer, Steven) [Transferred from ilnd on 10/22/2020.] |
| Filing 18 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Cardinal Health, Inc. (OH) (Meyer, Julie) [Transferred from ilnd on 10/22/2020.] |
| Filing 17 ATTORNEY Appearance for Defendant Cardinal Health, Inc. (OH) by Julie Fix Meyer EOA for Anita M. Kidd (Meyer, Julie) [Transferred from ilnd on 10/22/2020.] |
| Filing 16 ATTORNEY Appearance for Defendant Cardinal Health, Inc. (OH) by Julie Fix Meyer EOA for Julie Fix Meyer (Meyer, Julie) [Transferred from ilnd on 10/22/2020.] |
| Filing 15 ATTORNEY Appearance for Defendant Cardinal Health, Inc. (OH) by Julie Fix Meyer CORRECTION OF DOCKET # 014 (Meyer, Julie) [Transferred from ilnd on 10/22/2020.] |
| Filing 14 ATTORNEY Appearance for Defendant Cardinal Health, Inc. (OH) by Julie Fix Meyer EOA for Sarah Harmon (Meyer, Julie) [Transferred from ilnd on 10/22/2020.] |
| Filing 13 MEMORANDUM by Anna Hospital Corporation, Blue Island Hospital Company, LLC, City Illinois Hospital Company, LLC, Galesburg Hospital Corporation, Marion Hospital Corporation, Massac Memorial, LLC, National Healthcare of Mt. Vernon, Inc., Red Bud Illinois Hospital Company, LLC, Waukegan Illinois Hospital Company, LLC in support of motion to remand, #10 (Murphy, G.) [Transferred from ilnd on 10/22/2020.] |
| Filing 12 MINUTE entry before the Honorable Jorge L. Alonso: Initial telephonic status hearing set for 9/11/20 at 9:30 a.m. Members of the public and media will be able to call in to listen to this hearing. The call-in number is 888-808-6929 and the access code is 4911854. Counsel of record will receive an email 30 minutes prior to the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Plaintiffs have filed a motion to remand this case (Dkt. #10 ) and a motion for leave to file an oversized supporting memorandum (Dkt. #11 ). Plaintiff's motion for leave to file an oversized supporting memorandum is granted. The Court sets the following briefing schedule: Defendants' response shall be filed on or before 8/25/20, and Plaintiffs' reply shall be filed on or before 9/8/20.Notice mailed by judge's staff (lf, ) [Transferred from ilnd on 10/22/2020.] |
| Filing 11 MOTION by Plaintiffs Anna Hospital Corporation, Blue Island Hospital Company, LLC, City Illinois Hospital Company, LLC, Galesburg Hospital Corporation, Marion Hospital Corporation, Massac Memorial, LLC, National Healthcare of Mt. Vernon, Inc., Red Bud Illinois Hospital Company, LLC, Waukegan Illinois Hospital Company, LLC for leave to file excess pages (Murphy, G.) [Transferred from ilnd on 10/22/2020.] |
| Filing 10 MOTION by Plaintiffs Anna Hospital Corporation, Blue Island Hospital Company, LLC, City Illinois Hospital Company, LLC, Galesburg Hospital Corporation, Marion Hospital Corporation, Massac Memorial, LLC, National Healthcare of Mt. Vernon, Inc., Red Bud Illinois Hospital Company, LLC, Waukegan Illinois Hospital Company, LLC to remand (Murphy, G.) [Transferred from ilnd on 10/22/2020.] |
| Filing 9 ATTORNEY Appearance for Plaintiffs Anna Hospital Corporation, Blue Island Hospital Company, LLC, City Illinois Hospital Company, LLC, Galesburg Hospital Corporation, Marion Hospital Corporation, Massac Memorial, LLC, National Healthcare of Mt. Vernon, Inc., Red Bud Illinois Hospital Company, LLC, Waukegan Illinois Hospital Company, LLC by G. Patrick Murphy (Murphy, G.) [Transferred from ilnd on 10/22/2020.] |
| Filing 8 CERTIFICATE of Filing of Notice of Filing of Notice of Removal in the Circuit Court of Cook County (Whitmer, Steven) [Transferred from ilnd on 10/22/2020.] |
| Filing 7 MAILED Notice of Removal letter to counsel of record. (lma, ) [Transferred from ilnd on 10/22/2020.] |
| Filing 6 ATTORNEY Appearance for Defendant CVS Pharmacy, Inc. (RI) by Sky Anne Emison (Emison, Sky) [Transferred from ilnd on 10/22/2020.] |
| Filing 5 ATTORNEY Appearance for Defendant CVS Pharmacy, Inc. (RI) by Andrea Verney (Verney, Andrea) [Transferred from ilnd on 10/22/2020.] |
| Filing 4 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by CVS Pharmacy, Inc. (RI) (Whitmer, Steven) [Transferred from ilnd on 10/22/2020.] |
| Filing 3 ATTORNEY Appearance for Defendant CVS Pharmacy, Inc. (RI) by Steven Todd Whitmer (Whitmer, Steven) [Transferred from ilnd on 10/22/2020.] |
| Filing 2 CIVIL Cover Sheet (Whitmer, Steven) [Transferred from ilnd on 10/22/2020.] |
| Filing 1 NOTICE of Removal from Circuit Court of Cook County, case number (2020-L-006091) filed by CVS Pharmacy, Inc. (RI) Filing fee $ 400, receipt number 0752-17210771. (Attachments: #1 Exhibit Exhibit 1 - Complaint, #2 Exhibit Exhibit 2 - Certification, #3 Exhibit Exhibit 3 - Abbott Supplemental Consent)(Whitmer, Steven) [Transferred from ilnd on 10/22/2020.] |
| CASE ASSIGNED to the Honorable Jorge L. Alonso. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (sxh, ) [Transferred from ilnd on 10/22/2020.] |
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