Erie County Medical Center Corporation et al v. Teva Pharmaceuticals USA, Inc. et al
| Erie County Medical Center Corporation, Catholic Health System, Inc., Sisters of Charity Hospital of Buffalo, New York, Mercy Hospital of Buffalo, Kenmore Mercy Hospital, Mount St. Marys Hospital of Niagara Falls, Ellis Hospital Foundation, Inc., Kaleida Health, Olean General Hospital, Niagara Falls Memorial Medical Center and St. Luke's Cornwall Hospital |
| Actavis Pharma, Inc f/k/a Watson Pharma, Inc., Actavis LLC, Janssen Pharmaceuticals Inc., Par Pharmaceuticals Companies, Inc., Allergan Finance LLC, H.D. Smith LLC, Walmart Inc., Teva Pharmaceuticals USA, Inc., Cephalon Inc., Watson Laboratories Inc., Watson Pharma, Inc., Actavis Inc, Johnson & Johnson, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Janssen Pharmaceutica Inc., Noramco Inc, Endo Health Solutions Inc., Endo Pharmaceuticals Inc, Par Pharmaceutical Holdings, Inc., Par Pharmaceutical Inc., Abbott Laboratories, Abbott Laboratories, Inc., Amneal Pharmaceuticals LLC, Activas, Inc., Watson Pharmaceuticals, Inc., Allergan Sales, LLC, Allergan USA, Inc., Practice Fusion Inc., Allscripts Healthcare Solutions, Inc., AmerisourceBergen Drug Corporation, Anda Inc, Cardinal Health Inc., H.D. Smith Wholesale Drug Co., Henry Schein Inc., CVS Pharmacy Inc., CVS Indiana L.L.C., CVS Orlando FL Distribution, L.L.C, CVS Pa Distribution, LLC, CVS TN DISTRIBUTION, LLC, CVS Vero FL Distribution LLC, CVS RX Services, Inc., CVS Albany, LLC, Rite Aid of New York, Inc., Rite Aid Drug Palace Inc., Rite Aid of Maryland, Inc. doing business as Rite Aid Mid-Atlantic Customer Support Center, Inc., Walgreen Co., Walgreen Eastern Co., Inc., Wal-Mart Stores Inc., Wal-Mart Stores East L.P., Jim Henning, Darci Gillis, James McVay, Kim Cadin, Anthony Onesto, Jeff Palmer and Does 1-100 |
| 1:2021op45116 |
| December 14, 2021 |
| US District Court for the Northern District of Ohio |
| Dan Aaron Polster (MDL 2804) |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 44 Notice of Dismissal Under FRCP 41(a)(1) of Defendant Allscripts Healthcare Solutions, Inc. filed by Catholic Health System, Inc., Ellis Hospital Foundation, Inc., Erie County Medical Center Corporation, Kaleida Health, Kenmore Mercy Hospital, Mercy Hospital of Buffalo, Mount St. Marys Hospital of Niagara Falls, Niagara Falls Memorial Medical Center, Olean General Hospital, Sisters of Charity Hospital of Buffalo, New York, St. Luke's Cornwall Hospital. (Barrett, John) |
| Filing 43 Attorney Appearance by John W. Barrett filed by on behalf of Catholic Health System, Inc., Ellis Hospital Foundation, Inc., Erie County Medical Center Corporation, Kaleida Health, Kenmore Mercy Hospital, Mercy Hospital of Buffalo, Mount St. Marys Hospital of Niagara Falls, Niagara Falls Memorial Medical Center, Olean General Hospital, Sisters of Charity Hospital of Buffalo, New York, St. Luke's Cornwall Hospital. (Barrett, John) |
| Filing 42 CASE TRANSFERRED IN from District of New York Western. Case number 1:21-cv-00826. Original file, certified copy of transfer order and docket sheet received. |
| Filing 41 MULTIDISTRICT CONDITIONAL LITIGATION TRANSFER ORDER to the (court). Signed by Karen K. Caldwell,Clerk of the Panel. (KM) [Transferred from nywd on 12/14/2021.] |
| Filing 40 STATUS REPORT by Wal-Mart Stores East, LP, Walmart Inc.. (Attachments: #1 Exhibit A - Notice of Hearing Session)(Carlson, James) [Transferred from nywd on 12/14/2021.] |
| Filing 39 TEXT ORDERThe #38 Stipulation between Plaintiffs and Defendants Allscripts Healthcare Solutions, Inc., and Practice Fusion, Inc., is HEREBY APPROVED.The time for Defendants Allscripts and Practice Fusion to respond is extended until forty-five (45) days from the later of (1) a final decision by the Judicial Panel on Multidistrict Litigation regarding transfer to MDL No. 2804, or (2) the entry of an order regarding Plaintiffs' Motion to Remand.SO ORDERED.Issued by William M. Skretny, United States District Judge on 8/26/2021. (JCM) Modified on 8/26/2021 to indicate that stipulation is between Plaintiffs and Defendants, and clarify that 45-day extension is for Defendants' response. (GSR). [Transferred from nywd on 12/14/2021.] |
| Filing 38 STIPULATION to Extend Time to Respond to Complaint by Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc.. (Sutter, Brian) [Transferred from nywd on 12/14/2021.] |
| Filing 37 TEXT ORDER On July 19, 2021, Defendants removed this case from state court. (Docket No. 1.) In response, Plaintiffs moved to remand the case back to state court. (Docket No. 7.) On July 29, 2021, the Judicial Panel on Multidistrict Litigation ("JPML") entered a conditional transfer order to the Opiate Multidistrict Litigation in the Northern District of Ohio. (See Docket No. 25-1.) The Wal-Mart defendants then moved to stay the case temporarily pending a final decision from the JPML regarding whether the case will be transferred to the Opiate MDL. (Docket No. 23.) After reviewing the parties' materials in support of and opposition to the motion to stay, the Court will grant Defendants' motion to stay. This Court finds that doing so promotes judicial economy and consistency. See In re Ivy, 901 F.2d 7, 9 (2d Cir., 1990) This Court further finds that the "hardship [to Defendants] of engaging in duplicative motion practice and discovery proceedings outweighs any prejudice that could potentially inure to [Plaintiffs]." North v. Merck & Co., No. 05-CV-6475L, 2005 WL 2921638, at *2 (W.D.N.Y. Nov. 4, 2005).IT HEREBY IS ORDERED, that Defendants' motion to stay (Docket No. 23) is GRANTED.FURTHER, that the parties are ORDERED to submit a joint status report reporting the date of the hearing before the JPML, once it is set, and another joint status report within fourteen days of the JPML's decision in this matter. FURTHER, that if the case is not transferred, this Court will then consider Plaintiffs' motion to remand.SO ORDERED. Issued by William M. Skretny, United States District Judge on 8/25/2021. (JCM) [Transferred from nywd on 12/14/2021.] |
| Filing 36 Corporate Disclosure Statement by Practice Fusion, Inc.. (Sutter, Brian) [Transferred from nywd on 12/14/2021.] |
| Filing 35 Corporate Disclosure Statement by Allscripts Healthcare Solutions, Inc.. (Sutter, Brian) [Transferred from nywd on 12/14/2021.] |
| Filing 34 NOTICE of Appearance by Brian F. Sutter on behalf of Allscripts Healthcare Solutions, Inc., Practice Fusion, Inc. (Sutter, Brian) [Transferred from nywd on 12/14/2021.] |
| Filing 33 REPLY to Response to Motion re #23 MOTION to Stay proceedings pending anticipated transfer to Multidistrict Litigation filed by Wal-Mart Stores East, LP, Walmart Inc.. (Carlson, James) [Transferred from nywd on 12/14/2021.] |
| Filing 32 REPLY to Response to Motion re #7 MOTION to Remand to State Court filed by Catholic Health System, Inc., Ellis Hospital Foundation, Inc., Erie County Medical Center Corporation, Kaleida Health, Kenmore Mercy Hospital, Mercy Hospital of Buffalo, Mount St. Marys Hospital of Niagara Falls, Niagara Falls Memorial Medical Center, Olean General Hospital, Sisters of Charity Hospital of Buffalo, New York, St. Luke's Cornwall Hospital. (Cercone, Marco) [Transferred from nywd on 12/14/2021.] |
| Filing 31 CERTIFICATE OF SERVICE by Wal-Mart Stores East, LP, Walmart Inc. re #29 Memorandum in Opposition to Motion, #30 Declaration, (Carlson, James) [Transferred from nywd on 12/14/2021.] |
| Filing 30 DECLARATION signed by James W. Carlson re #7 MOTION to Remand to State Court filed by Walmart Inc., Wal-Mart Stores East, LP filed by Walmart Inc., Wal-Mart Stores East, LP. (Attachments: #1 Exhibit 1 - James E. Rafalskis expert report, #2 Exhibit 2 - Statement of Interest of the United States of America)(Carlson, James) [Transferred from nywd on 12/14/2021.] |
| Filing 29 MEMORANDUM in Opposition re #7 MOTION to Remand to State Court filed by Wal-Mart Stores East, LP, Walmart Inc.. (Carlson, James) [Transferred from nywd on 12/14/2021.] |
| Filing 28 DECLARATION signed by Marco Cercone, Esq. re #24 Memorandum in Support of Motion, #23 MOTION to Stay proceedings pending anticipated transfer to Multidistrict Litigation, #25 Declaration,,,,, #26 Declaration, filed by Ellis Hospital Foundation, Inc., Catholic Health System, Inc., Erie County Medical Center Corporation, Niagara Falls Memorial Medical Center, St. Luke's Cornwall Hospital, Mount St. Marys Hospital of Niagara Falls, Sisters of Charity Hospital of Buffalo, New York, Olean General Hospital, Kaleida Health, Mercy Hospital of Buffalo, Kenmore Mercy Hospital filed by Ellis Hospital Foundation, Inc., Catholic Health System, Inc., Erie County Medical Center Corporation, Niagara Falls Memorial Medical Center, St. Luke's Cornwall Hospital, Mount St. Marys Hospital of Niagara Falls, Sisters of Charity Hospital of Buffalo, New York, Olean General Hospital, Kaleida Health, Mercy Hospital of Buffalo, Kenmore Mercy Hospital. (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, #13 Exhibit 13, #14 Memorandum in Support)(Cercone, Marco) [Transferred from nywd on 12/14/2021.] |
| Filing 27 SCHEDULING NOTICE on #23 Motion to Stay. Response due by 8/12/2021. Reply due by 8/19/2021. Oral Argument will be scheduled by the Court, if necessary. (JCM) [Transferred from nywd on 12/14/2021.] |
| Filing 26 DECLARATION signed by James W. Carlson re #25 Declaration,,,,, #24 Memorandum in Support of Motion, #23 MOTION to Stay proceedings pending anticipated transfer to Multidistrict Litigation filed by Walmart Inc., Wal-Mart Stores East, LP /certificate of service filed by Walmart Inc., Wal-Mart Stores East, LP. (Carlson, James) [Transferred from nywd on 12/14/2021.] |
| Filing 25 DECLARATION signed by James W. Carlson re #23 MOTION to Stay proceedings pending anticipated transfer to Multidistrict Litigation filed by Walmart Inc., Wal-Mart Stores East, LP filed by Walmart Inc., Wal-Mart Stores East, LP. (Attachments: #1 Exhibit 1 - Conditional Transfer 201, #2 Exhibit 2 - City of Rochester v. Purdue Pharma L.P., No. 6:19-cv-06490, Order, #3 Exhibit 3 - Marion Hosp. Corp. v. Abbott Labs., No. 1:20-cv-04111, Order, #4 Exhibit 4 - City of Orlando v. CVS Health Corp., No. 6:20-cv-000736, Order, #5 Exhibit 5 - City of Fairfax v. Mallinckrodt PLC, No. 1:20-cv-00218, Order, #6 Exhibit 6 - Takoma Regional Hospital, Inc. v. Purdue Pharma, L.P., No. 2:19-cv-157, Order, #7 Exhibit 7 - Vill. of Melrose Park v. McKesson Corp., No. 1:18-cv-05288, Order, #8 Exhibit 8 - Cty. of Alameda v. Purdue Pharma L.P., No. 3:19-cv-02307, Order, #9 Exhibit 9 - City of Ogdensburg v. Purdue Pharma L.P., No. 8:19-cv-00782, Order, #10 Exhibit 10 - City of Saratoga Springs v. Purdue Pharma L.P., No. 1:19-cv-00789, Order, #11 Exhibit 11 - City of Auburn v. Purdue Pharma L.P., No. 2:19-cv-03800, Order, #12 Exhibit 12 - Cty. of Jim Hogg v. Purdue Pharma L.P., No. 4:19-cv-02816, Order, #13 Exhibit 13 - Cty. of Jim Wells v. Purdue Pharma L.P., No. 4:19-cv-03580, Order)(Carlson, James) [Transferred from nywd on 12/14/2021.] |
| Filing 24 MEMORANDUM in Support re #23 MOTION to Stay proceedings pending anticipated transfer to Multidistrict Litigation filed by Wal-Mart Stores East, LP, Walmart Inc.. (Carlson, James) [Transferred from nywd on 12/14/2021.] |
| Filing 23 MOTION to Stay proceedings pending anticipated transfer to Multidistrict Litigation by Wal-Mart Stores East, LP, Walmart Inc..(Carlson, James) [Transferred from nywd on 12/14/2021.] |
| Filing 22 Corporate Disclosure Statement by Ellis Hospital Foundation, Inc.. (Cercone, Marco) [Transferred from nywd on 12/14/2021.] |
| Filing 21 Corporate Disclosure Statement by St. Luke's Cornwall Hospital. (Cercone, Marco) [Transferred from nywd on 12/14/2021.] |
| Filing 20 Corporate Disclosure Statement by Niagara Falls Memorial Medical Center. (Cercone, Marco) [Transferred from nywd on 12/14/2021.] |
| Filing 19 Corporate Disclosure Statement by Mount St. Marys Hospital of Niagara Falls. (Cercone, Marco) [Transferred from nywd on 12/14/2021.] |
| Filing 18 Corporate Disclosure Statement by Mercy Hospital of Buffalo. (Cercone, Marco) [Transferred from nywd on 12/14/2021.] |
| Filing 17 Corporate Disclosure Statement by Kenmore Mercy Hospital. (Cercone, Marco) [Transferred from nywd on 12/14/2021.] |
| Filing 16 Corporate Disclosure Statement by Kaleida Health. (Cercone, Marco) [Transferred from nywd on 12/14/2021.] |
| Filing 15 Corporate Disclosure Statement by Erie County Medical Center Corporation. (Cercone, Marco) [Transferred from nywd on 12/14/2021.] |
| Filing 14 Corporate Disclosure Statement by Sisters of Charity Hospital of Buffalo, New York. (Cercone, Marco) [Transferred from nywd on 12/14/2021.] |
| Filing 13 Corporate Disclosure Statement by Olean General Hospital. (Cercone, Marco) [Transferred from nywd on 12/14/2021.] |
| Filing 12 Corporate Disclosure Statement by Catholic Health System, Inc.. (Cercone, Marco) [Transferred from nywd on 12/14/2021.] |
| Filing 11 Corporate Disclosure Statement by Abbott Laboratories, Abbott Laboratories, Inc.. (Del Monaco, John) [Transferred from nywd on 12/14/2021.] |
| Filing 10 NOTICE of Appearance by John Paul Del Monaco on behalf of Abbott Laboratories, Abbott Laboratories, Inc. (Del Monaco, John) [Transferred from nywd on 12/14/2021.] |
| Filing 9 Corporate Disclosure Statement by CVS Albany, L.L.C., CVS Indiana, L.L.C., CVS Orlando FL Distribution, L.L.C., CVS PA Distribution, L.L.C., CVS Pharmacy, Inc., CVS Rx Services, Inc., CVS TN Distribution, L.L.C., CVS Vero FL Distribution, L.L.C. identifying Corporate Parent CVS Health Corporation for CVS Albany, L.L.C., CVS Indiana, L.L.C., CVS Orlando FL Distribution, L.L.C., CVS PA Distribution, L.L.C., CVS Pharmacy, Inc., CVS Rx Services, Inc., CVS TN Distribution, L.L.C., CVS Vero FL Distribution, L.L.C... (Naunton, Shawn) [Transferred from nywd on 12/14/2021.] |
| Filing 8 SCHEDULING NOTICE on #7 Motion to Remand. Responses due by 8/12/2021. Reply due by 8/19/2021. Oral Argument will be scheduled by the Court, if necessary. (JCM) [Transferred from nywd on 12/14/2021.] |
| Filing 7 MOTION to Remand to State Court by Catholic Health System, Inc., Ellis Hospital Foundation, Inc., Erie County Medical Center Corporation, Kaleida Health, Kenmore Mercy Hospital, Mercy Hospital of Buffalo, Mount St. Marys Hospital of Niagara Falls, Niagara Falls Memorial Medical Center, Olean General Hospital, Sisters of Charity Hospital of Buffalo, New York, St. Luke's Cornwall Hospital. (Attachments: #1 Declaration of Marco Cercone with Exhibit 1, #2 Memorandum in Support)(Cercone, Marco) [Transferred from nywd on 12/14/2021.] |
| Filing 6 TEXT ORDERIT HEREBY IS ORDERED, that, the Unopposed Motion for Extension of Time to Respond to the Complaint by the Moving Defendants (CVS Pharmacy, Inc.; CVS Indiana, L.L.C.; CVS Orlando FL Distribution, L.L.C.; CVS PA Distribution, L.L.C.; CVS TN Distribution, L.L.C.; CVS Vero FL Distribution, L.L.C.; CVS Rx Services, Inc.; CVS Albany, L.L.C.; Teva Pharmaceuticals USA, Inc.; Cephalon, Inc.; Actavis LLC (f/k/a Actavis Inc.); Johnson & Johnson; Janssen Pharmaceuticals, Inc. (f/k/a Ortho-McNeil-Janssen Pharmaceuticals, Inc. f/k/a Janssen Pharmaceutica, Inc.); Noramco, Inc.; Endo Health Solutions Inc.; Endo Pharmaceuticals Inc.; Par Pharmaceuticals Companies, Inc. (f/k/a Par Pharmaceutical Holdings, Inc.); Par Pharmaceutical, Inc.; Abbott Laboratories; Abbott Laboratories, Inc.; Allergan Finance, LLC (f/k/a Actavis, Inc., f/k/a Watson Pharmaceuticals, Inc.); Allergan Sales, LLC; Allergan USA, Inc.; AmerisourceBergen Drug Corporation; Anda, Inc.; Cardinal Health, Inc.; H.D. Smith, LLC (f/k/a H.D. Smith Wholesale Drug Co.); and Henry Schein, Inc.; Rite Aid of New York, Inc.; Rite Aid of Maryland, Inc. (d/b/a Rite Aid Mid-Atlantic Customer Support Center); Rite Aid Drug Palace, Inc.; Walmart Inc.; Wal-Mart Stores East, LP; Walgreen Co.; and Walgreen Eastern Co.) is GRANTED. The deadline for the Moving Defendants to answer or otherwise respond to Plaintiffs' Complaint is HEREBY EXTENDED to the later of thirty (30) days following the entry date of (a) a decision on a motion to remand, if one is filed, or (b) an order transferring or declining to transfer the case to the Opiate MDL by the Judicial Panel on Multidistrict Litigation. SO ORDERED.Issued by William M. Skretny, United States District Judge on 7/28/2021. (JCM) [Transferred from nywd on 12/14/2021.] |
| ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed. R. Civ. P.7.1(b) are to be filed within seven (7) days of this notice. (KM) [Transferred from nywd on 12/14/2021.] |
| Notified Multi-District Litigation Panel of potential tag-along case. (TMK) [Transferred from nywd on 12/14/2021.] |
| Filing 5 Consent MOTION for Extension of Time to File Response/Reply to Complaint by CVS Albany, L.L.C., CVS Indiana, L.L.C., CVS Orlando FL Distribution, L.L.C., CVS PA Distribution, L.L.C., CVS Pharmacy, Inc., CVS Rx Services, Inc., CVS TN Distribution, L.L.C., CVS Vero FL Distribution, L.L.C.. (Attachments: #1 Declaration of Shawn P. Naunton, #2 Text of Proposed Order)(Naunton, Shawn) [Transferred from nywd on 12/14/2021.] |
| Filing 4 Corporate Disclosure Statement by Wal-Mart Stores East, LP, Walmart Inc. identifying Other Affiliate WSE Management, LLC, Other Affiliate WSE Investment, LLC for Wal-Mart Stores East, LP, Walmart Inc... (Carlson, James) [Transferred from nywd on 12/14/2021.] |
| Filing 3 NOTICE of Appearance by Shawn P Naunton on behalf of CVS Albany, L.L.C., CVS Indiana, L.L.C., CVS Orlando FL Distribution, L.L.C., CVS PA Distribution, L.L.C., CVS Pharmacy, Inc., CVS Rx Services, Inc., CVS TN Distribution, L.L.C., CVS Vero FL Distribution, L.L.C. (Naunton, Shawn) [Transferred from nywd on 12/14/2021.] |
| Case Assigned to Hon. William M. Skretny. Notification to Chambers of on-line civil case opening. (TMK) [Transferred from nywd on 12/14/2021.] |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK) [Transferred from nywd on 12/14/2021.] |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK) [Transferred from nywd on 12/14/2021.] |
| Filing 2 NOTICE by Wal-Mart Stores East, LP, Walmart Inc. (f/k/a Wal-Mart Stores, Inc.) re #1 Notice of Removal,, Civil Cover Sheet (Carlson, James) [Transferred from nywd on 12/14/2021.] |
| Filing 1 NOTICE OF REMOVAL by Walmart Inc. (f/k/a Wal-Mart Stores, Inc.), Wal-Mart Stores East, LP from Supreme Court, Erie County, case number 806187/2021. (Filing fee $ 402 receipt number 0209-4306571), filed by Walmart Inc. (f/k/a Wal-Mart Stores, Inc.), Wal-Mart Stores East, LP. (Attachments: #1 Index of Documents Filed in State Court, #2 Exhibit A - Complaint, #3 Exhibit B - Summons, #4 Exhibit C - All Other State Court Filings, #5 Exhibit D - Case Details of State Court Action, #6 Exhibit E - List of Federal Question Removed Actions Transferred to the Opiate MDL)(Carlson, James) [Transferred from nywd on 12/14/2021.] |
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