Johnson County, Texas v. CVS Health Corporation et al
| Johnson County, Texas |
| CVS Health Corporation, Abbott Laboratories, Endo Health Solutions, Inc., Purdue Pharmaceuticals L.P., McKesson Corporation, Mallinckrodt PLC, Purdue Pharma, Inc., Insys Therapeutics, Inc., The Purdue Frederick Company, Actavis PLC, TEVA Pharmaceuticals USA, Inc., Teva Pharmaceutical Industrites, Ltd., Actavis LLC, Allergan PLC, Cardinal Health, Inc., Actavis Pharma, Inc., Watson Laboratories, Inc., Cephalon, Inc., Walgreen Boots Alliance, Johnson & Johnson, Walmart Inc., Watson Pharmaceuticals Inc, Endo Pharmaceuticals, Inc., Janssen Pharmaceuticals, Inc., Purdue Pharma, LP, Knoll Pharmaceutical Company and Ortho-McNeil-Janssen Pharmaceuticals, Inc. |
| 4:2019cv01637 |
| May 3, 2019 |
| US District Court for the Southern District of Texas |
| Andrew S Hanen |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on July 29, 2019. A more recent docket listing may be available from PACER.
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| ***Delivery Confirmation for delivery date(s) 7/29/2019 re: 51 Document(s) Sent, filed. (dhansen, 4) |
Filing 50
ORDER granting in part and denying in part #3 Motion to Remand; denying #5 Motion to Stay. Plaintiff Johnson County's Motion to Remand [Doc. No. 3] is GRANTED. Plaintiff Johnson County's Motion for Costs and Fees [Doc. No. 3] is DENIED. Defendant CVS's Motion for a Temporary Stay Pending Likely Transfer to Multidistrict Litigation [Doc. No. 5] is DENIED. This case is remanded to the 152nd Judicial District Court of Harris County, Texas. All pending motions that remain are denied as moot. Defendant CVS is ordered to transmit a copy of this Order to the Judicial Panel on Multidistrict Litigation and inform the Judicial Panel on Multidistrict Litigation that the case has been remanded..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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| Filing 49 CORPORATE DISCLOSURE STATEMENT by Walgreen Boots Alliance, filed.(Simon, Joel) |
| Filing 48 NOTICE of Supplemental Authority in Support of CVS Health's Motion for a Temporary Stay Pending Transfer to Multidistrict Litigation by CVS Health Corporation, filed. (Attachments: #1 Exhibit A)(Torian, Mark) |
| Filing 47 REPLY to #44 Response, , filed by Johnson County, Texas. (Attachments: #1 Appendix Appendix A, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4)(McCarley, Matthew) |
| Filing 46 Unopposed MOTION for Extension of Time to Answer, Move to Dismiss or Otherwise Respond to Plaintiff's Complaint by Abbvie Inc., Knoll Pharmaceutical Company, filed. Motion Docket Date 8/2/2019. (Attachments: #1 Proposed Order)(Wilkes, John) |
| Filing 45 NOTICE of Appearance by S. Ann Saucer on behalf of Johnson County, Texas, filed. (Saucer, S) |
| Filing 44 RESPONSE to #40 Order,,, Walmart Inc.'s Opposition to Plaintiff's "Opposition" to Supplemental Notice in Support of Removal, filed by Walmart Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Durfee, Laura) |
| Filing 43 CERTIFICATE OF INTERESTED PARTIES by McKesson Corporation, filed.(Smyser, Craig) |
| Filing 42 CERTIFICATE OF INTERESTED PARTIES by Cardinal Health, Inc., filed.(Mengis, Michael) |
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Filing 41
ORDER granting #38 Motion for Extension of Time.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Filing 40
ORDER, re: Walmart Inc's Notice of Intent to File an Opposition Memorandum in response to Johnson County's "Opposition" to Supplemental Notice in Support of Removal (at entry no. 39) The parties' submissions regarding the propriety of remand are currently under consideration by this Court. The Court orders Defendant Walmart Inc. to respond to Plaintiff Johnson County's Response in Opposition to Supplemental Notice in Support of Removal [Doc. No. 37], should it wish to respond, by the end of the day on Monday, July 8, 2019. If Defendant Walmart Inc. chooses to respond, a statement addressing Plaintiff Johnson County's position that the supplemental notice in support of removal is procedurally defective due to the failure to obtain the consent of all defendants would be of assistance to the Court. (Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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| Filing 39 NOTICE of Walmart's Intent to File an Opposition Memorandum in Response to Johnson County's "Opposition" to Supplemental Notice in Support of Removal by Walmart Inc., filed. (Durfee, Laura) |
| Filing 38 Unopposed MOTION for Extension of Time to Answer, Move to Dismiss, or Otherwise Respond to Plaintiff's Complaint by Cardinal Health 110 LLC, Cardinal Health, Inc., McKesson Corporation, filed. Motion Docket Date 7/18/2019. (Attachments: #1 Proposed Order)(Mengis, Michael) |
| Filing 37 RESPONSE to #27 Notice (Other) , filed by Johnson County, Texas. (Attachments: #1 Exhibit Dang Return of Service on Citation)(McCarley, Matthew) |
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Filing 36
ORDER. Defendants Insys Therapeutics, Inc. and Insys Manufacturing LLC, only, are dismissed. The stay is lifted.(Signed by Judge Andrew S Hanen) Parties notified.(rhawkins)
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Filing 35
ORDER STAYING CASE. This case is stayed. All pending motions are MOOT, but may be summarily re-urged if the automatic stay is lifted. (Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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| Filing 34 NOTICE of Dismissal as to Insys Manufacturing LLC, Insys Therapeutics, Inc. by Johnson County, Texas, filed. (McCarley, Matthew) |
| Filing 33 SUGGESTION OF BANKRUPTCY by Insys Manufacturing LLC, Insys Therapeutics, Inc., filed.(Sarokhanian, Nicholas) |
| Filing 32 BRIEF in Support Mtn to Expedite Remand re: #30 Response in Opposition to Motion by Johnson County, Texas, filed.(McCarley, Matthew) |
| Filing 31 REPLY in Support of #5 MOTION to Stay Pending Likely Transfer to Multidistrict Litigation, filed by CVS Health Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Torian, Mark) |
| Filing 30 RESPONSE in Opposition to #18 MOTION to Expedite Motion to Remand, filed by CVS Health Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Torian, Mark) |
| Filing 29 NOTICE of Appearance by Brian A. Wahl on behalf of CVS Health Corporation, filed. (Wahl, Brian) |
| Filing 28 CORPORATE DISCLOSURE STATEMENT by Endo Health Solutions, Inc., Endo Pharmaceuticals, Inc. identifying Endo International plc as Corporate Parent, filed.(Sibiski, Hannah) |
| Filing 27 NOTICE of Removal (Supplemental) by Walmart Inc., filed. (Attachments: #1 Exhibit A, #2 Exhibit B)(Durfee, Laura) |
| Filing 26 BRIEF in Support re: #18 MOTION to Expedite Motion to Remand by Johnson County, Texas, filed. (Attachments: #1 Exhibit)(McCarley, Matthew) |
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Filing 25
ORDER granting #4 Motion for Extension of Time; granting #12 Motion for Extension of Time.(Signed by Judge Andrew S Hanen) Parties notified.(rhawkins)
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| Filing 24 MOTION for John A. McCauley to Appear Pro Hac Vice by Abbott Laboratories, filed. Motion Docket Date 6/18/2019. (sguevara, 4) |
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Filing 21
ORDER granting #14 Motion for Extension of Time. The deadline for Insys to answer or otherwise respond to the Complaint is extended to the later of: 5 days after a decision by the JPML to not transfer this case to the MDL; 5 days after a decision by the Court on Plaintiffs motion to remand; or June 3, 2019..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Filing 23
ORDER granting #11 Motion for Sundeep K. Addy to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Filing 22
ORDER granting #10 Motion for Conor B. O'Croinin to Appear Pro Hac Vice.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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Filing 20
ORDER granting #17 Motion for Extension of Time. The deadlines for named defendant Abbott Laboratories to answer, move to dismiss, or otherwise respond to Plaintiff's Complaint ( entitled "Plaintiffs Original Petition") is extended to and including five (5) days from the later of: (1) entry of an order by the JPML transferring this case to the Opiate MDL (Case No. 2804); (2) entry of an order with this Court's ruling on Plaintiff's motion to remand; or (3) May 28, 2019..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4)
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| Filing 19 CORPORATE DISCLOSURE STATEMENT by Mallinckrodt PLC, filed.(McCleary, Roger) |
| Filing 18 MOTION to Expedite Motion to Remand by Johnson County, Texas, filed. Motion Docket Date 6/14/2019. (Attachments: #1 Proposed Order)(McCarley, Matthew) |
| Filing 17 Unopposed MOTION for Extension of Time to answer or otherwise respond to complaint by Abbott Laboratories, filed. Motion Docket Date 6/14/2019. (Attachments: #1 Proposed Order)(Ertas, Alper) |
| Filing 16 BRIEF in Opposition re: #15 Response in Opposition to Motion by Johnson County, Texas, filed. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Proposed Order)(McCarley, Matthew) |
| Filing 15 RESPONSE in Opposition to #3 MOTION to Remand, filed by CVS Health Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Torian, Mark) |
| Filing 14 Unopposed MOTION for Extension of Time to Respond to Complaint by Insys Manufacturing LLC, Insys Therapeutics, Inc., filed. Motion Docket Date 6/14/2019. (Attachments: #1 Proposed Order)(Sarokhanian, Nicholas) |
| Filing 13 CERTIFICATE OF INTERESTED PARTIES by Walmart Inc., filed.(Durfee, Laura) |
| Filing 12 MOTION for Extension of Time Answer, Move to Dismiss, or Otherwise Respond to Plaintiff's Complaint by Walmart Inc., filed. Motion Docket Date 6/12/2019. (Attachments: #1 Proposed Order)(Durfee, Laura) |
| Filing 11 MOTION for Sundeep K. Addy to Appear Pro Hac Vice by Walmart Inc., filed. Motion Docket Date 6/12/2019. (Durfee, Laura) |
| Filing 10 MOTION for Conor B. O'Croinin to Appear Pro Hac Vice by CVS Health Corporation, filed. Motion Docket Date 6/12/2019. (Torian, Mark) |
| Filing 9 CERTIFICATE OF INTERESTED PARTIES by CVS Health Corporation, filed.(Torian, Mark) |
| Filing 8 CERTIFICATE OF INTERESTED PARTIES by Actavis LLC, Actavis Pharma, Inc., Cephalon, Inc., TEVA Pharmaceuticals USA, Inc., Teva Pharmaceutical Industrites, Ltd., Watson Laboratories, Inc., filed.(Patterson, Nancy) |
| Filing 7 CERTIFICATE OF INTERESTED PARTIES by Purdue Pharma, Inc., Purdue Pharma, LP, Purdue Pharmaceuticals L.P., The Purdue Frederick Company, filed.(Reed, Noelle) |
| Filing 6 MEMORANDUM re: #5 MOTION to Stay Pending Likely Transfer to Multidistrict Litigation by CVS Health Corporation, filed.(Torian, Mark) |
| Filing 5 MOTION to Stay Pending Likely Transfer to Multidistrict Litigation by CVS Health Corporation, filed. Motion Docket Date 6/10/2019. (Attachments: #1 Proposed Order)(Torian, Mark) |
| Filing 4 Unopposed MOTION for Extension of Time to Answer, Move to Dismiss, or Otherwise Respond to Plaintiff's Complaint by CVS Health Corporation, Watson Pharmaceuticals Inc, filed. Motion Docket Date 6/3/2019. (Attachments: #1 Proposed Order)(Torian, Mark) |
| Filing 3 MOTION to Remand by Johnson County, Texas, filed. Motion Docket Date 5/28/2019. (Attachments: #1 Memorandum of Points and Authorities, #2 Memorandum Exhibit A, #3 Memorandum Exhibit B, #4 Proposed Order)(McCarley, Matthew) |
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Filing 2
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/8/2019 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy. (Signed by Judge Andrew S Hanen) Parties notified.(SarahShelbyadi, 4)
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| Filing 1 NOTICE OF REMOVAL from 152nd District Court, Harris County, case number 2018-63587 (Filing fee $ 400 receipt number 0541-22371688) filed by CVS Health Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet Civil Cover Sheet)(Torian, Mark) |
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