United States of America v. Shaffer Pharmacy, Inc. et al
| United States of America |
| Shaffer Pharmacy, Inc., Thomas Tadsen and Wilson Bunton |
| 3:2021cv00022 |
| January 6, 2021 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary |
| Other Statutory Actions |
| 21 U.S.C. § 841 |
| None |
Docket Report
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This docket was last retrieved on March 3, 2021. A more recent docket listing may be available from PACER.
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| Filing 38 Return of Service by certified mail executed upon Shaffer Pharmacy, Inc. on 2/19/2021, filed on behalf of United States of America Related document(s) #31 . (Fitzgerald, Patricia) |
| Filing 37 CASE MANAGEMENT CONFERENCE NOTICE. Phone Status held on 2/10/21. Counsel discussed compliance with Order Denying Motion for Preliminary Injunction (Doc. #32 ). Counsel agreed to produce initial disclosures necessary for settlement discussions. If assistance from Court is needed, counsel may contact Chambers. Defendants' Answers are due by 3/10/21. (Defendants' Motion for Extension of Time to Answer (Doc. #36 ) is denied as moot.) A Case Management Conference is set for 3/30/21 at 11:00 AM. Counsel may participate by phone, and party attendance is not required. At that time, counsel shall call the District Court conference line. Initial Disclosures shall be exchanged no later than 2 weeks prior to the Case Management Conference. Report or Parties' Planning Meeting shall be jointly signed and filed at least 3 days before the CMC. (20 min) Judge Jack Zouhary on 2/11/21. (S,Na) |
| Filing 36 Motion for extension of time until March 15, 2021 to answer filed by Wilson Bunton, Shaffer Pharmacy, Inc., Thomas Tadsen. (Attachments: #1 Proposed Order)(Kerger, Richard) |
| NOTICE [non-document] of Phone Status set for 2/10/21 at 1:30 PM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line. (S,Na) |
| Filing 35 Transcript of Preliminary Injunction, Volume 3, held on January 29, 2021 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [46 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 2/9/2021. Redaction Request due 2/23/2021. Redacted Transcript Deadline set for 3/5/2021. Release of Transcript Restriction set for 5/3/2021. (N,A) |
| Filing 34 Transcript of Preliminary Injunction, Volume 2, held on January 28, 2021 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [151 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 2/9/2021. Redaction Request due 2/23/2021. Redacted Transcript Deadline set for 3/5/2021. Release of Transcript Restriction set for 5/3/2021. (N,A) |
| Filing 33 Transcript of Preliminary Injunction held on January 27, 2021 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Angela Nixon at (419) 260-5259. [166 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 2/9/2021. Redaction Request due 2/23/2021. Redacted Transcript Deadline set for 3/5/2021. Release of Transcript Restriction set for 5/3/2021. (N,A) |
Filing 32
ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION. Motion for Preliminary Injunction (Doc. #3 -1) is denied; the TRO (Doc. #7 ) lifted; and in its place conditions imposed. See attached Order for further detail. Judge Jack Zouhary on 2/1/21. (S,Na)
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| Filing 31 Return of Service by certified mail executed upon Shaffer Pharmacy, Inc. on 1/19/2021, filed on behalf of United States of America (Fitzgerald, Patricia) |
| Filing 30 Joint Supplemental Exhibit(s) filed by All Defendants. Related document(s) #22 . (Attachments: #1 Exhibit 10-A Pain Management Best Practices, #2 Exhibit 20 - Certificate of Completion)(Boss, Charles) |
| Minutes of proceedings [non-document] before Judge Jack Zouhary. Motion Hearing held on 1/29/2021 re #3 Motion for preliminary injunction. Appearances: Angelita Bridges, Patricia Fitzgerald, Maryann McGuire (video), and Scott Dahlquist (video) for Plaintiff; Rick Kerger for Defendants Shaffer Pharmacy and Thomas Tadsen (not present); Charles Boss for Defendant Wilson Bunton. Without objection from counsel, this Court denies as moot #17 Defendants' Motion to Reschedule Hearing Date, or in the Alternative Dismiss. Continued testimony taken: Wilson Bunton. Arguments presented. This matter is taken under advisement. Order to follow (Court Reporter: Angela Nixon.) Time: 1 hour, 15 minutes. (D,L) |
| Filing 29 Joint Supplemental Exhibit(s) filed by All Defendants. Related document(s) #26 . (Attachments: #1 Exhibit Certified Pain Doctors)(Boss Charles) |
| Filing 28 Joint SEALED Supplemental Exhibits filed by All Defendants. Related document(s) #21 , #22 . (Attachments: #1 Exhibit Shaffer Pharmacy No Longer Fills Prescriptions for 19 Patients)(Boss, Charles) |
| Filing 27 Amended Expedited Non-Appeal Transcript Order Form for proceedings held on 1/27/2021 & 1/28/2021 before Judge Zouhary, re #25 Non-Appeal Transcript Order Form, Motion Hearing, Court Reporter: Angela Nixon. Requested completion date: 2/2/2021 filed by United States of America. Related document(s) #25 . (Bridges, Angelita) |
| Filing 26 Joint Supplemental Exhibit(s) filed by All Defendants. Related document(s) #22 . (Attachments: #1 Exhibit Provider Relations Letter, #2 Exhibit Photos)(Boss, Charles) |
| Minutes of proceedings [non-document] before Judge Jack Zouhary. Continued Motion Hearing held on 1/28/2021 re Motion for temporary restraining order. Appearances: Angelita Bridges, Patricia Fitzgerald, Maryann McGuire (video), and Scott Dahlquist (video) for Plaintiff; Rick Kerger for Defendants Shaffer Pharmacy and Thomas Tadsen; Charles Boss for Defendant Wilson Bunton. Testimony taken: Thomas Tadsen and Wilson Bunton. Exhibits stipulated to and admitted. Counsel to file additional exhibits. Motion Hearing continued to Friday, January 29, 2021 at 9 AM in Courtroom 209 before Judge Jack Zouhary. (Court Reporter: Angela Nixon.) Time: 4 hours. |
| Filing 25 Expedited Non-Appeal Transcript Order Form for proceedings held on 1/27/2021 & 1/28/2021 before Judge Zouhary, re Motion Hearing Court Reporter: Angela Nixon. Requested completion date: 1/30/2021 filed by United States of America. (Bridges, Angelita) |
| Minutes of proceedings [non-document] before Judge Jack Zouhary. Motion Hearing held on 1/27/2021 re #3 Motion for preliminary injunction. Appearances: Angelita Bridges, Patricia Fitzgerald, Maryann McGuire (video), and Scott Dahlquist (video) for Plaintiff; Rick Kerger for Defendants Shaffer Pharmacy and Thomas Tadsen; Charles Boss for Defendant Wilson Bunton. Testimony taken by video: Dr. Carl Gainor, DEA DI Meredith Carter. Exhibits stipulated to and admitted. Motion Hearing continued to Thursday, January 28, 2021 at 1:30 PM in Courtroom 209 before Judge Jack Zouhary. (Court Reporter: Angela Nixon.) Time: 5 hours. (D,L) |
| Filing 24 Witness Lists and Exhibit Lists for Preliminary Injunction Hearing filed by United States of America. Related document(s) #21 . (Fitzgerald, Patricia) |
| Filing 23 SEALED Document:Defendants' Sealed Exhibits filed by All Defendants. Related document(s) #21 , #22 . (Attachments: #1 Exhibit 9 OARRS Search History, #2 Exhibit 12 Prescription Log Report Recap, #3 Exhibit 13 Patient Legitimate Medical Purposes)(Boss, Charles) |
| Filing 22 Joint Exhibit List and Witness List filed by All Defendants. (Attachments: #1 Exhibit Letter to AmerisourceBergen, #2 Exhibit Dr. Goyal Letter, #3 Exhibit Dr. Hill Letter, #4 Exhibit Dr. Moghal Letter, #5 Exhibit Dr. Otting Letter, #6 Exhibit Doctor Locations, #7 Exhibit Controlled Substances Dispensing Policy, #8 Exhibit Pain Contract, #9 Exhibit OARRS Search History, #10 Exhibit Pain Management Best Practices, #11 Exhibit When to Check OARRS in Ohio, #12 Exhibit Prescription Log Report Recap, #13 Exhibit Patient Legitimate Medical Purposes, #14 Exhibit CDC Advises Against Misapplication of the Guideline for Prescribing Opioids for Chronic Pain, #15 Exhibit Bunton CV)(Boss, Charles) |
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Filing 21
ORDER. Phone Status held on 1/25/2021. Pending before this Court is Defendants' Motion to Reschedule the January 27 Hearing Date, or in the Alternative Dismiss #17 . This Court will proceed with the January 27 Hearing, continuing to a later date if necessary. Counsel shall promptly file Exhibit and Witness Lists. Exhibits with confidential information shall be filed under seal. Judge Jack Zouhary on 1/25/2021. (30 mins) (D,L)
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| Filing 20 Joint Proposed Stipulation of Facts filed by United States of America. (Attachments: #1 Exhibit 1-List of Controlled substance drug prescription from RX30 data for Shaffer Pharmac)(Fitzgerald, Patricia) |
| Filing 19 Protective Order Governing the Disclosure of Confidential Information granting #16 Joint Motion for protective order and leave to disclose records. Judge Jack Zouhary on 1/25/2021. (D,L) |
| Filing 18 Brief in Opposition to Motion for Preliminary Injunction filed by All Defendants. Related document(s) #3 . (Attachments: #1 Exhibit Knapp v Metropolitan Government of Nashville & Davidson Counsty, et al., #2 Exhibit Pain Management Best Practices Inter-Agency Task Force Report, #3 Exhibit CDC Media Statement) (Boss, Charles) |
| Filing 17 Motion to Reschedule Hearing Date, or in the Alternative Dismiss filed by Wilson Bunton, Shaffer Pharmacy, Inc., Thomas Tadsen. (Attachments: #1 Exhibit Email, #2 Exhibit Scorsone v. Wal-Mart Stores, Inc., #3 Exhibit Gonzalez Production Systems, Inc. v. Martinrea International, Inc.)(Boss, Charles) |
| Filing 16 Joint Motion for protective order and Leave to Disclose Records filed by Plaintiff United States of America. (Attachments: #1 Proposed Order)(Fitzgerald, Patricia) |
| Filing 15 Attorney Appearance by Scott B. Dahlquist filed by on behalf of United States of America. (Dahlquist, Scott) |
| IMPORTANT: Notice [non-document] of Phone Status set for Monday, January 25, 2021 at 1:30 PM before Judge Jack Zouhary. Counsel shall call the District Court conference line (provided to counsel via email). (D,L) |
| Filing 14 Attorney Appearance by Maryann N. McGuire filed by on behalf of United States of America. (McGuire, Maryann) |
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Order [non-document] granting #11 Motion for leave to Reschedule Hearing on Motion for Preliminary Injunction and Request for Virtual Hearing. Hearing set for Friday, 1/22/2021 is vacated and reset for Wednesday, January 27, 2021 at 9:30 AM via video conference [Toledo] before Judge Jack Zouhary. Judge Jack Zouhary on 1/21/2021.(D,L)
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| Filing 13 Attorney Appearance by Richard M. Kerger filed by on behalf of Shaffer Pharmacy, Inc., Thomas Tadsen. (Kerger, Richard) |
| Filing 12 Attorney Appearance by Charles M. Boss filed by on behalf of Wilson Bunton. (Boss, Charles) |
| Filing 11 Motion for leave to Reschedule Hearing on Motion for Preliminary Injunction and Request for Virtual Hearing filed by Plaintiff United States of America. (Fitzgerald, Patricia) |
| Filing 10 Return of Service by personal service executed upon Thomas Tadsen on 1/14/2021, filed on behalf of United States of America (Fitzgerald, Patricia) |
| Filing 9 Return of Service by personal service executed upon Wilson Bunton on 1/14/2021, filed on behalf of United States of America (Fitzgerald, Patricia) |
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Order [non-document] setting Hearing on #3 Motion for Preliminary Injunction. Motion Hearing set for Friday, January 22, 2021 at 1:30 PM in Courtroom 209 before Judge Jack Zouhary. Judge Jack Zouhary on 1/15/2021. (D,L)
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| Filing 8 Motion to unseal case filed by Plaintiff United States of America. (Attachments: #1 Proposed Order)(R,Ke) |
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Order [non-document] granting #8 Motion to unseal case. Judge Jack Zouhary on 1/14/2021.(D,L)
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| Filing 7 Temporary Restraining Order granting #3 Motion for Temporary Restraining Order. See Order for details. Judge Jack Zouhary on 1/7/2021.(D,L) |
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Filing 6
Order granting #2 Motion for leave to file Complaint and Exhibits under seal. Judge Jack Zouhary on 1/7/2021.(D,L)
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| Filing 5 Civil Case Management Procedures Order. Judge Jack Zouhary on 1/6/2021. (R,Ke) |
| Filing 4 Original Summons and Magistrate Consent Form issued to counsel for service upon Wilson Bunton, Shaffer Pharmacy, Inc., Thomas Tadsen. (Attachments: #1 Magistrate Consent Form) (R,Ke) |
| Filing 3 Motion for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff United States of America. (Attachments: #1 Memorandum of Law, #2 Declaration of Meredith Carter, Diversion Investigator, #3 Declaration of Kendall A. Miller, #4 Declaration of Carl Gainor, #5 Proposed Order)(R,Ke) |
| Filing 2 Motion for leave to file Complaint and Exhibits under seal filed by Plaintiff United States of America. (Attachments: #1 Proposed Order)(R,Ke) |
| Filing 1 Complaint against Wilson Bunton, Shaffer Pharmacy, Inc., Thomas Tadsen. Exempt from filing fee. Filed by United States of America. (Attachments: #1 Exhibit 1: Prescription list, M.J.P., #2 Exhibit 2: Prescription list, S.B., #3 Exhibit 3: Prescription list, N.W., #4 Exhibit 4: Prescription list, C.S., #5 Exhibit 5: Prescription list, D.B., #6 Exhibit 6: Prescription list, D.V., #7 Summons, #8 Civil Cover Sheet) (R,Ke) |
| Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a).After Defendant(s) have been served and counsel enter an appearance, this Court will promptly hold an Initial Phone Status Conference. No Motion to Dismiss may be filed in advance of this Conference. The responsive pleading deadline will be automatically tolled until that time. (R,Ke) |
| Judge Jack Zouhary assigned to case. (R,Ke) |
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