Lexington, County of v. Rite Aid of South Carolina Inc et al
| Lexington, County of |
| Janssen Pharmaceutica Inc, McKesson Corporation, Purdue Pharma LP, CVS Pharmacy Inc, Allergan PLC, Cephalon Inc, Endo Health Solutions Inc, Clinic 2, Actavis LLC, Janssen Pharmaceuticals Inc, John Doe 2, Pain and Spine Consultants, INSYS Therapeutics Inc, Orthomcneil-Janssen Pharmaceuticals Inc, Purdue Pharma Inc, Rite Aid of South Carolina Inc, Watson Laboratories Inc, Johnson & Johnson, Clinic 1, Endo Pharmaceuticals Inc, Mark Waldrop, CVS Health Corporation, Amerisourcebergen Corporation, Cardinal Health Inc, Actavis Inc, Teva Pharmaceuticals USA Inc, Leavis Sullivan, Actavis Pharma Inc, Aathirayen Thiyagarajah, Purdue Frederick Company Inc, The, John Doe 1 and Pain and Spine Consultants PA |
| 3:2018cv02357 |
| August 24, 2018 |
| US District Court for the District of South Carolina |
| Bruce Howe Hendricks |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on October 12, 2018. A more recent docket listing may be available from PACER.
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Filing 36
ORDER VACATING CONDITIONAL TRANSFER ORDER and HEARING SESSION ORDER. Signed by Unassigned - MDL on 10/11/18. (alew, )
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| Filing 35 ***DOCUMENT E-MAILED #32 Order on Motion to Dismiss, Order on Motion to Remand, Order on Motion to Expedite, ORDER to Lexington County Court of Common Pleas-Lisa M. Cromer, Clerk (alew, ) |
| Filing 34 DELETION OF DOCKET ENTRY NUMBER 33 Reason: filed in error (alew, ) |
| Filing 33 JUDGMENT: Plaintiff County of Lexingtons Emergency Motion to Remand and for an Expedited Ruling is granted. The request that this court grant a stay of this matter and to sever certain defendants to provided federal jurisdiction is denied. The case is remanded to the Court of Common Pleas of Lexington County, South Carolina. (alew, ) (alew, ). |
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Filing 32
ORDER: Plaintiffs Emergency Motion to Remand and for an Expedited Ruling ECF No. #5 ) is GRANTED. The request that this Court grant a stay of thismatter is DENIED, and the request that this Court sever certain Defendants to provide federal jurisdiction is DENIED. (See ECF No. #18 .) It is further ordered that this action be remanded to the Court of Common Pleas of Lexington County, South Carolina.Signed by Honorable Bruce Howe Hendricks on 10/5/18.(alew, )
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| Filing 30 TEXT ORDER granting #29 Motion to Withdraw as Attorney as to Derek Shoemake for the plaintiff. Signed by Honorable Bruce Howe Hendricks on 9/27/18.(alew, ) |
| Filing 29 MOTION to Withdraw as Attorney by Lexington, County of. Response to Motion due by 10/10/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Shoemake, Derek) |
| Filing 28 TEXT ORDER granting #27 Motion for Extension of Time to Answer re #1 Notice of Removal. Leavis Sullivan, Mark Waldrop answer due as set out. Signed by Honorable Bruce Howe Hendricks on 9/24/18.(alew, ) |
| Filing 27 Amended MOTION for Extension of Time to File Answer re #1 Notice of Removal, with Consent by Leavis Sullivan, Mark Waldrop. Response to Motion due by 10/9/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(McMillan, Elizabeth) |
| Filing 26 ANSWER to Complaint by Pain and Spine Consultants PA, Aathirayen Thiyagarajah.(Parkinson, Edwin) |
| Filing 25 NOTICE of Appearance by Edwin Brown Parkinson, Jr on behalf of Pain and Spine Consultants PA, Aathirayen Thiyagarajah (Parkinson, Edwin) (Main Document 25 replaced on 9/17/2018) (alew, ). Modified on 9/17/2018 to replace with corrected document per attorney request (alew, ). |
| Filing 24 TEXT ORDER granting #20 Motion for Extension of Time to Answer re #1 Notice of Removal. Leavis Sullivan answer due as set out. Signed by Honorable Bruce Howe Hendricks on 9/11/18.(alew, ) |
| Filing 23 Local Rule 26.01 Answers to Interrogatories by Endo Health Solutions Inc, Endo Pharmaceuticals Inc.(Young, Brent) (Main Document 23 replaced on 9/12/2018) (alew, ). Modified on 9/12/2018 to replace with corrected document provided by filing user (alew, ). |
| Filing 20 Consent MOTION for Extension of Time to File Answer re #1 Notice of Removal, State Court Complaint by Leavis Sullivan. Response to Motion due by 9/21/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(McMillan, Elizabeth) Modified on 9/7/2018 to edit text (alew, ). |
| Filing 19 REPLY to Response to Motion re #5 Emergency MOTION to Remand MOTION to Expedite Ruling MOTION Motion to Remand and Reduce Defendants' Response Time Response filed by Lexington, County of. (Simmons, John) |
| Filing 18 RESPONSE in Opposition re #5 Emergency MOTION to Remand MOTION to Expedite Ruling MOTION Motion to Remand and Reduce Defendants' Response Time Response filed by Janssen Pharmaceutica Inc, Janssen Pharmaceuticals Inc, Johnson & Johnson, Orthomcneil-Janssen Pharmaceuticals Inc.Reply to Response to Motion due by 9/12/2018 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - 2018.06.18 Beaufort Complaint, #2 Exhibit 2 - 2018.07.16 #23 Order granting Motions to Stay (multiple cases), #3 Exhibit 3 - 2017.11.15 #29 Order granting Dfs' Motion to Stay (Co of Wayne & Oakland v Purdue), #4 Exhibit 4 - 2017.10.25 57 Order (Lewis v Purdue, et al), #5 Exhibit 5 - 2017.10.27 [66-1] Order (Lorain v Purdue, et al), #6 Exhibit 6 - 2017.11.03 #19 Order (Anderson Co v Amerisourcebergen), #7 Exhibit 7 - 2017.10.27 21 Order (Bell Co v Amerisourcebergen), #8 Exhibit 8 - 2017.11.02 #20 Order (Henry Co v Amerisourcebergen))(Fornadel, Joseph) |
| Filing 17 TEXT ORDER granting #13 Motion for Extension of Time to Answer; granting #15 Motion for Extension of Time to Answer as set out. Signed by Honorable Bruce Howe Hendricks on 9/4/18.(alew, ) |
| Filing 16 NOTICE of Appearance by George L Inabinet, Jr on behalf of Amerisourcebergen Corporation (Inabinet, George) |
| Filing 15 Consent MOTION for Extension of Time for Distributor Defendants and CVS Defendants to Answer, Move or Otherwise Respond to the Complaint by McKesson Corporation. Response to Motion due by 9/14/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Lay, John) |
| Filing 14 NOTICE and Acknowledgment of receipt of Notice of Removal by Clerk of Court for Lexington County. (Attachments: #1 Main Document Acknowledgement of Notice of Removal)(Fornadel, Joseph) |
| Filing 13 Consent MOTION for Extension of Time to File Answer , Move, or Otherwise Respond to Complaint by Actavis Inc, Actavis LLC, Actavis Pharma Inc, Allergan PLC, Cephalon Inc, Endo Health Solutions Inc, Endo Pharmaceuticals Inc, INSYS Therapeutics Inc, Janssen Pharmaceutica Inc, Janssen Pharmaceuticals Inc, Johnson & Johnson, Orthomcneil-Janssen Pharmaceuticals Inc, Purdue Frederick Company Inc, The, Purdue Pharma Inc, Purdue Pharma LP, Teva Pharmaceuticals USA Inc, Watson Laboratories Inc. Response to Motion due by 9/14/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Kitts, Amanda) |
| Filing 11 TEXT ORDER: Plaintiff has filed #5 Emergency Motion to Remand to State Court and Motion for Expedited Ruling and to Reduce Defendants' Time to File a Response. The time to respond to the motion to remand is shortened to 9/5/18. The reply time to the response is shortened to 9/10/18. Signed by Honorable Bruce Howe Hendricks on 8/30/18. (alew, ) |
| Filing 10 TEXT ORDER staying all briefing deadlines pertaining to #2 Motion to Dismiss by Rite Aid of South Carolina Inc. Currently pending before the Court is Plaintiff County of Lexington's #5 Emergency Motion to Remand. The Court hereby stays all briefing deadlines pertaining to Defendant Rite Aid of South Carolina Inc.'s motion to dismiss until the motion to remand is fully resolved. In the event that the motion to remand is resolved in a manner that federal jurisdiction persists, Defendant Rite Aid of South Carolina Inc. will, within five (5) business days of such ruling, confer with opposing counsel and submit a proposed briefing schedule for the motion to dismiss. Signed by Honorable Bruce Howe Hendricks on 8/30/18. (alew, ) |
| Filing 7 Case Reassigned to Judge Honorable Bruce Howe Hendricks. Judge Unassigned - MDL no longer assigned to the case. (glev, ) |
| Filing 6 Local Rule 26.01 Answers to Interrogatories by Lexington, County of. (asni, ) |
| Filing 5 Emergency MOTION to Remand ( Response to Motion due by 9/10/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ), MOTION to Expedite Ruling, MOTION to Reduce Defendants' Response Time by Lexington, County of. (Attachments: #1 Memo in Support, #3 Exhibit 1 - Remand Order Greenville, #4 Exhibit 2 - Remand Order Spartanburg, #5 Exhibit 3 - Remand Order Anderson, #6 Exhibit 4 - Order & Amended Order to Consolidate, #7 Exhibit 5 - Manufacturer Defendants' Return to Plaintiff's Motion to Consolidate, #8 Exhibit 6 - Transcript of Teleconference Proceedings, MDL 2804, #9 Exhibit 7 - Order Regarding Remands, MDL 2804, #10 Exhibit 8 - Case Management Order One, #11 Exhibit 9 - Order Regarding Remand Briefing)No proposed order.(Simmons, John) Modified to delete attachment #2 and file separately as main document entry 6 on 8/28/2018 (asni, ). Modified on 9/7/2018 to edit text (alew, ). |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Janssen Pharmaceutica Inc, Janssen Pharmaceuticals Inc, Johnson & Johnson, Orthomcneil-Janssen Pharmaceuticals Inc.(asni, ) |
| Filing 2 MOTION to Dismiss by Rite Aid of South Carolina Inc. Response to Motion due by 9/7/2018. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (originally filed in state court on 8/23/2018). No proposed order.(asni, ) (Main Document 2 replaced on 8/30/2018) (asni, ). Modified to remove exhibits that were not part of the motion on 8/30/2018 (asni, ). |
| Filing 1 NOTICE OF REMOVAL from Lexington County, case number 2018-CP-32-02207. (Filing fee $ 400 receipt number 0420-7963368), filed by Janssen Pharmaceuticals Inc, Orthomcneil-Janssen Pharmaceuticals Inc, Janssen Pharmaceutica Inc, Johnson & Johnson. (Attachments: #1 Exhibit 1 Order (County of Floyd v Purdue Pharma), #2 Exhibit 2 Service papers w Summons and Complaint, #3 Exhibit 3 State Court Documents)(asni, ) |
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