Dunaway et al v. Purdue Pharma L.P. et al
| Robert J. Carter, Baby Doe, Jennings H. Jones, Lisa S. Zavogiannis, Bryant C. Dunaway and Brent A. Cooper |
| McKesson Corporation, Purdue Pharma L.P., Mallinckrodt LLC, Center for Advanced Medicine, LLC, CaremarkPCS Health, L.L.C., North Alabama Pain Services, LLC, David Florence, Lynnville Family Medical Clinic, LLC, Richard Sackler, Endo Pharmaceuticals, Inc., Cardinal Health Specialty Pharmacy, LLC, Rite Aid Corporation, Cardinal Health, Inc., Montclair Health & Wellness LLC, The Purdue Frederick Company, Inc., Cardinal Health Pharmacy Services, LLC, Walgreen Co., Mark Murphy, Teva Pharmaceuticals USA, Inc., Walgreens Boots Alliance, Inc., Endo Health Solutions Inc., Nathan Paul Haskins, AmerisourceBergen Drug Corporation, CVS Health Corporation, Purdue Pharma Inc., CVS Pharmacy, Inc., Rite Aid of Tennessee and Rite Aid Headquarters Corporation |
| 2:2019cv00038 |
| May 3, 2019 |
| US District Court for the Middle District of Tennessee |
| Jeffery S Frensley |
| Eli J Richardson |
| Aleta A Trauger |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 30, 2019. A more recent docket listing may be available from PACER.
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| Filing 62 GREEN CARD RETURNED Executed as to #60 Certified Mail Receipt. (jw) |
Filing 61
ORDER by the MDL Judicial Panel vacating conditional transfer order. (af)
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| Filing 60 CERTIFIED MAIL RECEIPT re #59 Memorandum and Order. (jw) |
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Filing 59
MEMORANDUM AND ORDER: For the foregoing reasons, the Moving Defendants' Joint Motion to Stay Proceedings (Docket No. 29) is hereby DENIED, the plaintiffs' Motion to Remand (Docket No. 18) is GRANTED on the merits and DENIED with regard to their request for attorney's fees, and this case is REMANDED to the Circuit Court of Cumberland County. Pursuant to JPML Rule 7.1(g), McKesson is ORDERED to transmit a copy of this Memorandum & Order to the JPML and inform the JPML that the case has been remanded. Signed by District Judge Aleta A. Trauger on 5/22/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)
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| Filing 58 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Cardinal Health Specialty Pharmacy, LLC. (Hollabaugh, Lela) |
| Filing 57 DECLARATION of Jennifer Steele filed by Robert J. Carter, Brent A. Cooper, Baby Doe, Bryant C. Dunaway, Jennings H. Jones, Lisa S. Zavogiannis re: #18 First MOTION to Remand . (Attachments: #1 Exhibit A: TN SOS Filing Info CAM, #2 Exhibit B: TN SOS Business Filings FAQ, #3 Exhibit C: NPI Info Lynnville Family Medical, #4 Exhibit D: Lynnville Family Medical Buzzfile, #5 Exhibit E: Lynnville Family Medical Mapquest, #6 Exhibit F: Lynnville Family Medical Yello Pages)(Orlandi, Anthony) |
| Filing 56 REPLY to Response to Motion re #18 First MOTION to Remand filed by Robert J. Carter, Brent A. Cooper, Baby Doe, Bryant C. Dunaway, Jennings H. Jones, Lisa S. Zavogiannis. (Attachments: #1 Exhibit A: MNK Letter re Wessler Dep, #2 Exhibit B: Chart Comp. CSA and TDCA Public Interest Factors, #3 Exhibit C: MDL Moratorium on Remand Motions)(Orlandi, Anthony) |
| Filing 55 DECLARATION of Robert D. Boon II, Esq. filed by McKesson Corporation re: #54 Response in Opposition to Motion,. (Attachments: #1 Exhibit A - Center for Advanced Medicine LLC Secretary of State Filing Information, #2 Exhibit B - Lynnville Family Medical Google Image, #3 Exhibit C - Lynnville Family Medical Clinic LLC Secretary of State Filing Information)(Thomas, John-David) |
| Filing 54 RESPONSE in Opposition re #18 First MOTION to Remand filed by McKesson Corporation. (Attachments: #1 Exhibit 1 - Conditional Transfer Order (CTO-93), #2 Exhibit 2 - Statement of Interest of the United States of America, #3 Exhibit 3 - Withdrawal of Order)(Thomas, John-David) |
| Filing 53 DECLARATION of Steven A. Reed filed by Teva Pharmaceuticals USA, Inc. re: #40 MOTION for attorney Steven A. Reed to Appear Pro Hac Vice. (jw) |
| Filing 52 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Cardinal Health Pharmacy Services, LLC. (Hollabaugh, Lela) |
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Filing 51
ORDER: It is hereby ORDERED that the reference to the magistrate judge is hereby WITHDRAWN, and the initial case management conference scheduled before him on July 9, 2019 is CANCELLED. Signed by District Judge Aleta A. Trauger on 5/20/2019. (jw)
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| Filing 50 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Cardinal Health, Inc. (Hollabaugh, Lela) |
| Filing 49 NOTICE of Appearance by Lela M. Hollabaugh on behalf of Cardinal Health Pharmacy Services, LLC, Cardinal Health Specialty Pharmacy, LLC, Cardinal Health, Inc. (Hollabaugh, Lela) |
| Filing 48 MOTION for attorney Michael J. Salimbene to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2916128) by AmerisourceBergen Drug Corporation. (Attachments: #1 Attachment Certificate of Good Standing)(Eiselstein, Kyle) |
| Filing 47 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Mallinckrodt LLC. (Zeigler, Jessalyn) |
| Filing 46 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Endo Health Solutions Inc. (Range, Ronald) |
| Filing 45 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Endo Pharmaceuticals, Inc. (Range, Ronald) |
| Filing 44 CONDITIONAL TRANSFER ORDER (CTO 93) filed by the UNITED STATES JUDICIAL PANEL on MULTIDISTRICT LITIGATION IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION, MDL No. 2804. Case is being transferred to the Northern District of Ohio. This order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Northern District of Ohio. (af) Modified on 5/20/2019 (af). |
| NOTICE TO FILER re DE#36 , #37 , #38 , #42 & #43 : Pursuant to Local Rule 5.01, Certificates of Service shall identify by name the person served, what was served, the method of service, and date of service. Counsel did not include all Counsel on the certificate of service. Please FILE a conformed Certificate of Service for this document. (jw) |
| NOTICE TO FILER re DE#40 : The pending pro hac vice motion does not comply with the Court's local rules, because the motion fails to state whether any disciplinary proceedings or criminal charges have been instituted against the attorney seeking pro hac vice admission. Local Rule 83.01(b)(2). By no later than five (5) business days from the date of this docket annotation, the pro hac vice motion must be supplemented by the filing of a statement under oath of the attorney seeking pro hac vice admission disclosing whether any disciplinary proceedings or criminal charges have been instituted against the attorney, and if so, providing complete details about the proceeding or charges, including outcome. Failure to do so will result in denial of the pro hac vice motion. (jw) |
| Filing 43 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Endo Health Solutions Inc.. (Range, Ronald) |
| Filing 42 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Endo Pharmaceuticals, Inc.. (Range, Ronald) |
| Filing 41 RESPONSE in Opposition re #29 Joint MOTION to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation filed by Robert J. Carter, Brent A. Cooper, Baby Doe, Bryant C. Dunaway, Jennings H. Jones, Lisa S. Zavogiannis. (Attachments: #1 Exhibit A: City of Paterson Case, #2 Exhibit B: JPML Transfer of Paterson, #3 Exhibit C: MDL Protocol for State and Federal Coordination, #4 Exhibit D: Unreported Case Law)(Stranch, James) |
| Filing 40 MOTION for attorney Steven A. Reed to Appear Pro Hac Vice (paid $100 PHV fee; receipt number 0650-2915488) by Teva Pharmaceuticals USA, Inc.. (Attachments: #1 Attachment Certificate of Good Standing)(Warnock, Timothy) |
| Filing 39 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Teva Pharmaceuticals USA, Inc.. (Warnock, Timothy) |
| Filing 38 BUSINESS ENTITY DISCLOSURE STATEMENT filed by The Purdue Frederick Company, Inc.. (Harbison, William) |
| Filing 37 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Purdue Pharma Inc.. (Harbison, William) |
| Filing 36 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Purdue Pharma L.P.. (Harbison, William) |
| NOTICE TO FILER re DE#33 , #34 & #35 : The document is not signed. Pursuant to Administrative Order No. 167-1, Section 8, electronically filed documents shall set forth the Filing User's name, address, telephone number and Board of Professional Responsibility registration number. The filer's name should be typed in the space where the signature would otherwise appear preceded by the symbol "s/" or inserted facsimile signature. Counsel shall re-file the document. (jw) Modified on 5/17/2019 (jw). |
| Filing 35 BUSINESS ENTITY DISCLOSURE STATEMENT filed by The Purdue Frederick Company, Inc.. (Harbison, William) |
| Filing 34 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Purdue Pharma Inc.. (Harbison, William) |
| Filing 33 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Purdue Pharma L.P.. (Harbison, William) |
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Filing 32
ORDER: The MDL Panel in Case No. 2804 has issued a Conditional Transfer Order of this case to the MDL. However, the Order does not become effective until it is filed in the Office of the Clerk of the United States District Court for the Northern District of Ohio and the transmittal of the Order has been stayed for seven days. Therefore, the court expects the defendants to file their responses to the pending Motion to Remand by May 20, 2019, as previously ordered by this court. (Docket No. 26). Signed by District Judge Aleta A. Trauger on 5/16/2019. (ds)
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Filing 31
ORDER denying #28 Motion for Reconsideration. Signed by District Judge Aleta A. Trauger on 5/15/2019. (ds)
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| Filing 30 MEMORANDUM in Support of #29 Joint MOTION to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation filed by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation . (Attachments: #1 Exhibit 1: WI Stay Order, #2 Exhibit 2: CA Stay Order 1, #3 Exhibit 3: KY Stay Order, #4 Exhibit 4: Seminole Cnty Stay Order, #5 Exhibit 5: Portland, ME Stay Order, #6 Exhibit 6: EDVA Stay Order, #7 Exhibit 7: WDVA Stay Order, #8 Exhibit 8: CA Stay Order 2, #9 Exhibit 9: ILL Stay Order, #10 Exhibit 10: FL Deferral Order, #11 Exhibit 11: DE Stay Order, #12 Exhibit 12: Pawnee, OK Stay Order, #13 Exhibit 13: Osage, OK Stay Order)(Thomas, John-David) |
| Filing 29 Joint MOTION to Stay Proceedings Pending Likely Transfer to Multidistrict Litigation by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation. (Thomas, John-David) |
| Filing 28 MOTION for Reconsideration re #26 Order on Motion to Expedite, Treatment of Plaintiffs' Motion to Remand by McKesson Corporation. (Thomas, John-David) |
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Filing 27
ORDER granting #17 Motion for Extension of Time to File Response to Plaintiff's Second Amended Complaint. Signed by District Judge Aleta A. Trauger on 5/14/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(jw)
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Filing 26
ORDER: It is hereby ORDERED that the plaintiffs' First Motion to Expedite Ruling on Plaintiffs' Motion to Remand (Docket No. 22) is GRANTED. It is further ORDERED that responses to the Motion to Remand shall be filed by May 20, 2019. Signed by District Judge Aleta A. Trauger on 5/14/2019. (ds)
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Filing 25
ORDER: I hereby recuse myself in this matter. District Judge Aleta A. Trauger added. District Judge Eli J. Richardson no longer assigned to case. Signed by District Judge Eli J. Richardson on 5/13/2019. (jw)
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| Filing 24 BUSINESS ENTITY DISCLOSURE STATEMENT filed by AmerisourceBergen Drug Corporation. (Eiselstein, Kyle) |
| TN State Bar status verified as active for Robert F. Chapski, Whitney H. Kimerling, Albert Clyde Harvey, Justin N. Joy. (jw) |
| TN State Bar status verified as active for Jessalyn H. Zeigler, Sarah Byer Miller and Kenneth M. Chadwell. (jw) |
| Filing 23 MEMORANDUM in Support of #22 First MOTION to Expedite Ruling on Plaintiffs' Motion to Remand filed by Bryant C. Dunaway . (Herzfeld, Tricia) |
| Filing 22 First MOTION to Expedite Ruling on Plaintiffs' Motion to Remand by Bryant C. Dunaway. (Herzfeld, Tricia) |
| Filing 21 NOTICE of Filing by Bryant C. Dunaway re #19 Memorandum in Support of Unreported Cases (Herzfeld, Tricia) |
| Filing 20 DECLARATION of Tricia Herzfeld filed by Bryant C. Dunaway re: #19 Memorandum in Support. (Attachments: #1 Exhibit Haskins Filed Return of Service, #2 Exhibit Florence Filed Return of Service, #3 Exhibit Center for Advanced Medicine Filed Return of Service, #4 Exhibit Lynnville Filed Return of Service, #5 Exhibit Service Envelope of Notice of Removal)(Herzfeld, Tricia) |
| Filing 19 MEMORANDUM in Support of #18 First MOTION to Remand filed by Bryant C. Dunaway . (Herzfeld, Tricia) |
| Filing 18 First MOTION to Remand by Bryant C. Dunaway. (Herzfeld, Tricia) |
| Filing 17 Consent MOTION for Extension of Time to File Response/Reply as to #1 Notice of Removal, to Plaintiff's Second Amended Complaint by McKesson Corporation. (Attachments: #1 Attachment Proposed Order)(Thomas, John-David) |
| Filing 16 NOTICE of Appearance by Robert F. Chapski on behalf of Richard Sackler (Chapski, Robert) |
| Filing 15 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Walgreen Co.. (Hearn, Jr., Don) |
| Filing 14 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Walgreens Boots Alliance, Inc.. (Hearn, Jr., Don) |
| Filing 13 NOTICE of Initial Case Management Conference set for 7/9/2019 at 10:30 AM in Courtroom 783 before Magistrate Judge Jeffery S. Frensley. (jw) |
| TN State Bar status verified as active for Don L. Hearn, Jr. (jw) |
| Filing 12 BUSINESS ENTITY DISCLOSURE STATEMENT filed by McKesson Corporation. (jw) |
| Filing 11 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Rite Aid of Tennessee. (Hearn, Jr., Don) |
| Filing 10 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Rite Aid Headquarters Corporation. (Hearn, Jr., Don) |
| Filing 9 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Rite Aid Corporation. (Hearn, Jr., Don) |
| Filing 8 NOTICE of Appearance by Don L. Hearn, Jr. on behalf of Rite Aid Corporation, Rite Aid Headquarters Corporation, Rite Aid of Tennessee, Walgreen Co., Walgreens Boots Alliance, Inc. (Hearn, Jr., Don) |
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Filing 7
ORDER: I recuse myself from further proceedings in this matter. The Clerk's Office is DIRECTED to transfer this case to a different Magistrate Judge through random assignment. Signed by Magistrate Judge Alistair Newbern on May 9, 2019. (AN)
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| Magistrate Judge Jeffery S. Frensley added. Magistrate Judge Alistair Newbern no longer assigned to case. (jw) |
| Copy of Notice of Removal w/ Attachments and Civil Docket Sheet emailed to the MDL Clerk of Court re MDL 2804. (af) |
| Filing 6 NOTICE of Appearance by Jeffrey C. Smith on behalf of McKesson Corporation (Smith, Jeffrey C.) |
| Filing 5 NOTICE of Initial Case Management Conference set for 7/29/2019 at 11:30 AM in Cookeville before Magistrate Judge Alistair Newbern. (jw) |
| Filing 4 NOTICE of Appearance by Robert David Boon, II on behalf of McKesson Corporation (Boon, Robert) |
| Filing 3 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (jw) |
| Filing 2 NOTICE of Business Entity Disclosure Statement filing requirement. (jw) |
| TN State Bar Status verified as active for Anthony A. Orlandi, Benjamin A. Gastel, Henry D. Fincher, James Gerard Stranch, III, James Gerard Stranch, IV, Tricia Herzfeld, John-David H. Thomas, Robert David Boon, II, Jeffrey C. Smith, James G. Thomas, William J. Harbison, II, Timothy L. Warnock, Stuart A. Burkhalter, Ronald S. Range, Jr., Lela M. Hollabaugh, Nathan Bicks, Ryan G. Saharovich, Larry Montgomery, Jeremy G. Alpert, Edward M. Yarbrough, Walter Justin Adams, Daniel J. Murphy; NY State Bar Status verified as active for Mark S. Cheffo, Hayden A. Coleman, Ingo W. Sprie, Jr., Kelly A. Moore; PA State Bar Status verified as active for Steven A. Reed, Michael J. Salimbene, Coleen M. Meehan, Elisa P. McEnroe; IL State Bar Status verified as active for Tinos Diamantatos, Megan R. Braden, Kaspar Stoffelmayr; MA State Bar Status verified as active for Brien T. O'Connor, Andrew J. O'Connor; MD State Bar Status verified as active for Conor B. O'Croinin; CO State Bar Status verified as active for Lester C. Houtz, Alex Harris. (jw) |
| NOTICE TO COUNSEL Nathan Bicks, Ryan G. Saharovich, Larry Montgomery, Jeremy G. Alpert: WITHIN 21 DAYS, counsel shall be admitted to practice. The application for admission is available on the website at #http://www.tnmd.uscourts.gov/forms/admission-practice-application (LR 83.01(a)). Admission due by 5/29/2019. (jw) |
| NOTICE TO COUNSEL Michael J. Salimbene, Conor B. O'Croinin, Ingo W. Sprie, Jr, Brien T. O'Connor, Andrew J. O'Connor, Mark S. Cheffo, Hayden A. Coleman, Coleen M. Meehan, Elisa P. McEnroe, Kelly A. Moore, Steven A. Reed, Tinos Diamantatos, Megan R. Braden, Kaspar Stoffelmayr, Lester C. Houtz, Alex Harris: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court or a U. S. appellate court where admitted, and pay a fee of $100.00 (LR 83.01(b)). PHV due by 5/29/2019. (jw) |
| Filing 1 NOTICE OF REMOVAL by McKesson Corporation from Cumberland County Circuit Court, case number CC1-2018-cv-6347. ( Filing fee $ 400 receipt number 0650-2906607) (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 - State Court Documents (Part 1), #3 Exhibit 1 - State Court Documents (Part 2), #4 Exhibit 2 - Notice of Filing Notice of Removal to Circuit Court, #5 Exhibit 3 - Notice of Filing Notice of Removal to Counsel)(jw) |
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