Poarch Band of Creek Indians v. Cardinal Health, Inc.
Plaintiff: Poarch Band of Creek Indians
Defendant: Cardinal Health Inc.
Case Number: 1:2020op45294
Filed: December 28, 2020
Court: US District Court for the Northern District of Ohio
Presiding Judge: Dan Aaron Polster (MDL 2804)
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1446
Jury Demanded By: Both
Docket Report

This docket was last retrieved on December 28, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 28, 2020 Filing 17 CASE TRANSFERRED IN from District of Alabama Southern. Case number 1:20-cv-00443. Original file, certified copy of transfer order and docket sheet received.
December 16, 2020 Filing 16 Conditional Transfer Order (MDL) from Ohio Northern requesting transfer of action. Entire case file sent to requesting District. Case Closed. (mab) [Transferred from alsd on 12/28/2020.]
November 18, 2020 Opinion or Order Filing 15 ORDER, GRANTING #11 Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation, and deferring consideration of motion to remand until JPML decides whether to transfer this action. Signed by Senior Judge Callie V. S. Granade on 11/18/2020. (mab) [Transferred from alsd on 12/28/2020.]
October 30, 2020 Filing 14 REPLY to #11 MOTION to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation and Memorandum of Law in Support filed by Cardinal Health, Inc.. (Attachments: #1 Exhibit 1 Order, City of Orlando v. CVS Health Corp., No. 6:20-cv-00736- RBD-EJK (M.D. Fla. June 15, 2020), Doc. 75, #2 Exhibit 2 Order Staying Actions Pending JPML Action, County of Alameda v. Purdue Pharma L.P., No. 4:19-cv-02307-JST (N.D. Cal. June 10, 2019), Doc. 29, #3 Exhibit 3 Order, Takoma Regl Hosp. v. Purdue Pharma, L.P., No. 2:19-cv-00157 (E.D. Tenn. Oct. 4, 2019), Doc. 93) (Nix, Jess) [Transferred from alsd on 12/28/2020.]
October 30, 2020 REFERRAL OF #14 Reply in Support of #11 Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation to Senior Judge Granade. (mab) [Transferred from alsd on 12/28/2020.]
October 26, 2020 Filing 13 REPLY Brief filed by Plaintiff Poarch Band of Creek Indians re: #7 MOTION to Remand to State Court filed by Poarch Band of Creek Indians. (Frazer, Thomas) [Transferred from alsd on 12/28/2020.]
October 26, 2020 Filing 12 RESPONSE in Opposition re #11 MOTION to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation and Memorandum of Law in Support filed by Poarch Band of Creek Indians. (Frazer, Thomas) [Transferred from alsd on 12/28/2020.]
October 26, 2020 REFERRAL OF #13 Reply Brief in Support of #7 Motion to Remand to Judge Senior Judge Granade. (mab) [Transferred from alsd on 12/28/2020.]
October 26, 2020 REFERRAL OF #12 Response in Opposition to #11 Motion to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation and Memorandum of Law in Support to Senior Judge Granade. (mab) [Transferred from alsd on 12/28/2020.]
October 21, 2020 REFERRAL OF #10 Response in Opposition to Motion to Remand to Judge Murray. (tot) [Transferred from alsd on 12/28/2020.]
October 21, 2020 REFERRAL OF #11 MOTION to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation and Memorandum of Law in Support to Judge Granade. (tot) [Transferred from alsd on 12/28/2020.]
October 19, 2020 Filing 11 MOTION to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation and Memorandum of Law in Support filed by Cardinal Health, Inc.. (Attachments: #1 Exhibit 1 Non-Exhaustive List of Tribal Cases Transferred to MDL, #2 Exhibit 2 JPML Dkt. 8465, #3 Exhibit 3 Order Granting Motion to Stay, Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. McKesson Corp., No. 3:18-cv-00286-JDP (W.D. Wis. May 25, 2018), Doc. 26, #4 Exhibit 4 Order Granting Motion to Stay, Robinson Rancheria v. McKesson Corp., No. 3:18-cv-02525 (N.D. Cal. July 16, 2018), Doc. 23, #5 Exhibit 5 Order Granting Motion to Stay, Takoma Regional Hosp., Inc. v. Purdue Pharma, L.P., No. 2:19-cv-157, Doc. 93 (E.D. Tenn. Oct. 4, 2019), #6 Exhibit 6 Order, Franklin Cty. v. Purdue Pharma L.P. et al., No. 7:19-cv-00302-MFU (W.D. Va. May 1, 2019), Doc. 33, #7 Exhibit 7 Order, City of Alexandria v. Purdue Pharma L.P. et al., No. 1:18-cv-01536 (E.D. Va. Jan. 30, 2019), Doc. 63, #8 Exhibit 8 Order, Cty. of San Mateo v. McKesson Corp. et al., No. 4:18-cv-04535-JST (N.D. Cal. Aug. 28, 2018), Doc. 22, #9 Exhibit 9 Minute Entry, Village of Melrose Park et al. v. McKesson Corp. et al., No. 1:18-cv-05288 (N.D. Ill. Aug. 10, 2018), Doc. 26, #10 Exhibit 10 Order, St. Bernard Parish Govt v. Purdue Pharma L.P. et al., No. 2:18-cv-02717-NJB-DEK (E.D. La. Mar. 29, 2018), Doc. 21, #11 Exhibit 11 Order, Cty. of Floyd v. Purdue Pharma L.P. et al., No. 7:17-cv-00186-GFVT (E.D. Ky. Jan. 22, 2018), Doc. 18) (Nix, Jess) [Transferred from alsd on 12/28/2020.]
October 19, 2020 Filing 10 RESPONSE in Opposition re #7 MOTION to Remand to State Court filed by Cardinal Health, Inc.. (Attachments: #1 Exhibit 1 Order Granting Motion to Stay, Lac Courte Oreilles Band of Lake Superior Chippewa Indians v. McKesson Corp. et al., No. 3:18-cv-00286-jdp (W.D. Wis. May 25, 2018), Doc. 26, #2 Exhibit 2 JPML Dkt. 8465, #3 Exhibit 3 Robinson Rancheria v. McKesson Corp., No. 3:18-cv-02525 (N.D. Cal. July 16, 2018), Doc. 23, #4 Exhibit 4 Statement of Interest, In re Natl Prescription Opiate Litig., No. 1:17-md-02804 (N.D. Ohio), Doc. 161) (Nix, Jess) [Transferred from alsd on 12/28/2020.]
October 6, 2020 Opinion or Order Filing 9 TEXT-ONLY ORDER: On October 5, 2020, Plaintiff filed a Motion to Remand requesting that this action be remanded to the Circuit Court of Mobile County, Alabama. (Doc. 7). This motion has been referred to the undersigned Magistrate Judge, pursuant to 28 U.S.C. 636(b)(1)(A) and S.D. Ala. Gen. LR 72. Defendant is ORDERED to file its response to Plaintiff's motion on or before October 19, 2020. Plaintiff's reply, if any, must be filed on or before October 26, 2020, at which time the Court will take the motion under submission. Once the motion is taken under submission, no further briefs or submissions related to the issues raised in the motion may be filed without leave of court. Signed by Magistrate Judge P. Bradley Murray on 10/6/20. (lto) [Transferred from alsd on 12/28/2020.]
October 6, 2020 Filing 8 This action has been transferred from the docket of Magistrate Judge Bert W. Milling, Jr and is now assigned to the docket of Magistrate Judge P. Bradley Murray. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix CG-MU after the case number on all future pleadings. (clr) [Transferred from alsd on 12/28/2020.]
October 6, 2020 MOTIONS REFERRED: #7 MOTION to Remand to State Court Referred to Judge P. Bradley Murray. (clr) [Transferred from alsd on 12/28/2020.]
October 5, 2020 Filing 7 MOTION to Remand to State Court filed by Poarch Band of Creek Indians. (Attachments: #1 Exhibit A) (Frazer, Thomas) [Transferred from alsd on 12/28/2020.]
October 5, 2020 MOTIONS REFERRED: #7 MOTION to Remand to State Court Referred to Judge Bert W. Milling, Jr. (mab) [Transferred from alsd on 12/28/2020.]
September 15, 2020 Filing 6 Document endorsed NOTED by Magistrate Judge Bert W. Milling, Jr: Corporate Disclosure Statement #5 filed by Cardinal Health, Inc. (Milling, Bert) [Transferred from alsd on 12/28/2020.]
September 15, 2020 Filing 5 Corporate Disclosure Statement filed by Defendant Cardinal Health, Inc.. (Attachments: #1 List of subsidiaries of Cardinal Health, Inc.) (Payne, Joshua) [Transferred from alsd on 12/28/2020.]
September 11, 2020 Filing 4 Blank Disclosure Statement form emailed to Defendant Cardinal Health, Inc., Disclosure Statement Due 9/15/2020 pursuant to Civil LR. 7.1(a). (mab) [Transferred from alsd on 12/28/2020.]
September 11, 2020 Opinion or Order Filing 3 TEXT-ONLY ORDER, GRANTING #2 Defendant Cardinal Health, Inc.'s Motion for Entry of Agreed-Upon Extension of Time to Respond to the Complaint. Defendant's response to complaint in this action is due sixty (60) days after the later of: 1) a decision by the JPML granting a motion to vacate the Conditional Transfer Order or otherwise denying transfer; or 2) this Court's ruling on any motion to remand. Signed by Senior Judge Callie V. S. Granade on 9/11/2020. (mab) [Transferred from alsd on 12/28/2020.]
September 11, 2020 Filing 2 Motion for Entry of Agreed-Upon Extension of Time to Respond to the Complaint, filed by Cardinal Health, Inc. (Attachments: #1 Exhibit 1 (Conditional Transfer Order), #2 Exhibit 2 (Judge Steele Order granting extension)) (Payne, Joshua) [Transferred from alsd on 12/28/2020.]
September 11, 2020 MOTIONS REFERRED: #2 Defendant Cardinal Health, Inc.'s Motion for Entry of Agreed-Upon Extension of Time to Respond to the Complaint Referred to Judge Callie V. S. Granade. (mab) [Transferred from alsd on 12/28/2020.]
September 8, 2020 Filing 1 NOTICE OF REMOVAL ( Filing fee $ 400, Receipt number AALSDC-2674503, Online Credit Card Payment), filed by Cardinal Health, Inc.. (Attachments: #1 Exhibit State Court Docket Sheet, #2 Exhibit All state court documents filed or served on Cardinal Health, #3 Civil Cover Sheet) (Spotswood, Robert) [Transferred from alsd on 12/28/2020.]

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Plaintiff: Poarch Band of Creek Indians
Represented By: Archie Cleveland Lamb, Jr.
Represented By: Patrick D. McMurtray
Represented By: T. R. Frazer, III
Represented By: J. Nixon Daniel, III
Represented By: Frederick T. Kuykendall, III
Represented By: T. Roe Frazer, II
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Defendant: Cardinal Health Inc.
Represented By: Joshua Kerry Payne
Represented By: Jess Randall Nix
Represented By: Robert K. Spotswood
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