City of Martinsville, Virginia v. Purdue Pharma, L.P. et al
| City of Martinsville, Virginia |
| Abbott Laboratories, McKesson Corporation, Express Scripts Holding Company, Abbott Laboratories, Inc., Mallinckrodt LLC, Does 1-100, Mallinckrodt PLC, Purdue Pharma, Inc., Henry Schein, Inc., CVS TN Distribution, L.L.C., Insys Therapeutics, Inc., Insource, Inc., Allergan PLC, Impax Laboratories, LLC, Teva Pharmaceuticals USA, Inc., Endo Pharmaceuticals, Inc., Purdue Pharma, L.P., Amneal Pharmaceuticals LLC, Caremark, L.L.C., Caremark RX, L.L.C., Cardinal Health, Inc., Express Scripts, Inc, Walgreens Boots Alliance, Inc., Actavis, LLC, Actavis Pharma, Inc., Watson Laboratories, Inc., Walgreen Co., Cephalon, Inc., McKesson Medical-Surgical Inc., Par Pharmaceutical Companies, Inc., CaremarkPCS Health, L.L.C., Amneal Pharmaceuticals of New York, LLC, OptumRx, Inc., CVS Health Corporation, Optum, Inc., Endo Health Solutions, Inc, Barr Laboratories, Inc., Par Pharmaceutical, Inc., Amerisourcebergen Drug Corporation, Janssen Pharmaceuticals, Inc., Mylan Pharmaceuticals, Inc., KVK-Tech, Inc., Rhodes Pharmaceuticals, L.P., The Purdue Frederick Company, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., UnitedHealth Group Incorporated, Janssen Pharmaceutica, Inc., Amneal Pharmaceuticals, Inc., CVS Pharmacy, Inc. and General Injectables & Vaccines, Inc. |
| 4:2018cv00072 |
| December 13, 2018 |
| US District Court for the Western District of Virginia |
| Elizabeth K Dillon |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
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This docket was last retrieved on February 14, 2019. A more recent docket listing may be available from PACER.
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Filing 75
ORDER granting #74 Motion for Extension of Time to Answer. The referenced defendants shall file their answers or other responsive pleadings to Plaintiff's complaint not later than sixty (60) days following the later of (1) the final determination of Plaintiff's motion to remand, or (2)transfer of this action to the Opiate MDL (MDL No. 2804). Signed by District Judge Elizabeth K. Dillon on 2/6/2019. (ck)
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| Filing 74 MOTION for Extension of Time to File Answer by Henry Schein, Inc.; General Injectables & Vaccines, Inc.; Insource, Inc. (Kuhnel, Paul) |
| Filing 73 NOTICE of Appearance by Peter John Raupp on behalf of McKesson Corporation, McKesson Medical-Surgical Inc. (Raupp, Peter) |
| Filing 72 Negative Corporate Disclosure Statement by KVK-Tech, Inc. (Gibson, Harold) |
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Filing 71
ORDER granting #60 Motion for Extension of Time to Answer. The referenced defendants shall file their answers or other responsive pleadings to Plaintiffs complaint not later than sixty (60) days following the later of (1) the final determination of Plaintiffs motion to remand, or (2) transfer of this action to the Opiate MDL (MDL No. 2804). Signed by District Judge Elizabeth K. Dillon on 1/31/2019. (ck)
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| Filing 70 NOTICE by City of Martinsville, Virginia re #4 (EDVA Decision) (Attachments: #1 Exhibit A)(Conrod, Richard) |
| Filing 69 NOTICE by Express Scripts Holding Company, Express Scripts, Inc, Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated re #4 , #27 of Supplemental Authority (Attachments: #1 Exhibit A)(Hedblom, Jacqueline) |
| Filing 68 NOTICE by City of Martinsville, Virginia re #4 (Additional Authority) (Attachments: #1 Exhibit A)(Conrod, Richard) |
| Filing 67 NOTICE by Express Scripts Holding Company, Express Scripts, Inc, Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated re #4 , #27 of Supplemental Authorities (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hedblom, Jacqueline) |
| Filing 66 Positive Corporate Disclosure Statement by Amneal Pharmaceuticals of New York, LLC identifying Corporate Parent Amneal Pharmaceuticals, Inc. for Amneal Pharmaceuticals of New York, LLC. (McGavin, John) |
| Filing 65 Positive Corporate Disclosure Statement by Amneal Pharmaceuticals LLC (McGavin, John) |
| Filing 64 Positive Corporate Disclosure Statement by Amneal Pharmaceuticals, Inc. (McGavin, John) |
| Filing 63 Negative Corporate Disclosure Statement by Impax Laboratories, LLC (McGavin, John) |
| Filing 62 Positive Corporate Disclosure Statement by McKesson Corporation (Raupp, Peter) |
| Filing 61 Positive Corporate Disclosure Statement by McKesson Medical-Surgical Inc. (Raupp, Peter) |
| Filing 60 Joint MOTION for Extension of Time to File Answer Move, or Otherwise Respond to Complaint by McKesson Corporation, McKesson Medical-Surgical Inc.. (Attachments: #1 Text of Proposed Order)(Raupp, Peter) |
| Filing 59 Notice of Filing Requirement to Amneal Pharmaceuticals LLC; Amneal Pharmaceuticals of New York, LLC; Amneal Pharmaceuticals, Inc.; Impax Laboratories, LLC; KVK-Tech, Inc. - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are directed to file a Corporate Disclosure Statement with their first appearance, pleading, motion or response. #Click here to access the Corporate Disclosure Statement Form. This form should be electronically filed in this matter as ordered. (ham) |
| Filing 58 NOTICE of Appearance by John David McGavin on behalf of Amneal Pharmaceuticals LLC, Amneal Pharmaceuticals of New York, LLC, Amneal Pharmaceuticals, Inc., Impax Laboratories, LLC (McGavin, John) |
| Filing 57 NOTICE of Appearance by Harold David Gibson on behalf of KVK-Tech, Inc. (Gibson, Harold) |
| Filing 56 Minute Entry for proceedings held before District Judge Elizabeth K. Dillon: Motion Hearing held on 1/17/2019 re #4 MOTION to Remand to State Court and Incorporated Memorandum of Law filed by City of Martinsville, Virginia, #27 MOTION to Stay by Moving Defendants filed filed by Express Scripts Holding Company, Express Scripts, Inc, #10 MOTION to Expedite Treatment of Motion to Remand filed by City of Martinsville, Virginia. (Court Reporter: M. Butenschoen) (bwd) |
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Filing 55
ORAL ORDER granting #46 MOTION to Appear Pro Hac Vice. Attorney William Herman Jordan for Optum, Inc.,OptumRx, Inc. and UnitedHealth Group Incorporated added. Entered by District Judge Elizabeth K. Dillon on 1/16/2019. (ck)
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| Filing 54 Positive Corporate Disclosure Statement by Caremark, L.L.C. identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation, Corporate Parent Caremark RX, L.L.C. for Caremark, L.L.C.. (Coburn, Samuel) |
| Filing 53 Positive Corporate Disclosure Statement by CaremarkPCS Health, L.L.C. identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation, Corporate Parent Caremark RX, L.L.C., Corporate Parent CaremarkPCS, L.L.C. for CaremarkPCS Health, L.L.C.. (Coburn, Samuel) |
| Filing 52 Positive Corporate Disclosure Statement by Caremark RX, L.L.C. identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation for Caremark RX, L.L.C.. (Coburn, Samuel) |
| Filing 51 Positive Corporate Disclosure Statement by CVS TN Distribution, L.L.C. identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation for CVS TN Distribution, L.L.C.. (Coburn, Samuel) |
| Filing 50 Positive Corporate Disclosure Statement by CVS Pharmacy, Inc. identifying Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc.. (Coburn, Samuel) |
| Filing 49 Positive Corporate Disclosure Statement by CVS Health Corporation (Coburn, Samuel) |
| Filing 48 NOTICE of Appearance by Samuel Perry Coburn on behalf of CVS Health Corporation, CVS Pharmacy, Inc., CVS TN Distribution, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C., CaremarkPCS Health, L.L.C. (Coburn, Samuel) |
| Filing 47 REPLY to Response to Motion re #27 MOTION to Stay by Moving Defendants filed . filed by Express Scripts Holding Company, Express Scripts, Inc, Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated. (Hedblom, Jacqueline) |
| Filing 46 MOTION for William Jordan to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3049371. by Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated. (Attachments: #1 Text of Proposed Order)(Broughton, Turner) |
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Filing 45
ORAL ORDER granting #40 Motion for Leave to File. Mylan Pharmaceuticals Supplemental Memorandum in Support of Plaintiff's Motion to Remand at #40 Exhibit A is deemed filed. Entered by District Judge Elizabeth K. Dillon on 1/14/2019. (ck)
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Filing 44
ORAL ORDER granting #39 MOTION for Brian Boone to Appear Pro Hac Vice. Attorney Brian David Boone for Optum, Inc., OptumRx, Inc. and UnitedHealth Group Incorporated added. Entered by District Judge Elizabeth K. Dillon on 1/14/2019. (ck)
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Filing 43
ORAL ORDER granting #38 MOTION for Matthew I. Menchel to Appear Pro Hac Vice. Attorney Matthew I. Menchel for Express Scripts Holding Company and Express Scripts, Inc added. Entered by District Judge Elizabeth K. Dillon on 1/14/2019. (ck)
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Filing 42
ORAL ORDER granting #37 MOTION for Steven G. Kobre to Appear Pro Hac Vice. Attorney Steven G. Kobre for Express Scripts Holding Company and Express Scripts, Inc added. Entered by District Judge Elizabeth K. Dillon on 1/14/2019. (ck)
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Filing 41
ORAL ORDER granting #35 MOTION for Kimberly Chemerinsky to Appear Pro Hac Vice. Attorney Kimberly Chemerinsky for Optum, Inc., OptumRx, Inc. and UnitedHealth Group Incorporated added. Entered by District Judge Elizabeth K. Dillon on 1/14/2019. (ck)
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| Filing 40 MOTION for Leave to File the Supplemental Memorandum of Defendant Mylan Pharmaceuticals Inc. in Support of Plaintiffs Motion to Remand by Mylan Pharmaceuticals, Inc.. (Attachments: #1 Exhibit A - Supplemental Memorandum of Defendant Mylan Pharmaceuticals Inc. in Support of Plaintiffs Motion to Remand, #2 Text of Proposed Order, #3 Certificate of Service)(Mandel, Rebecca) |
| Filing 39 MOTION for Brian Boone to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3048429. by Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated. (Attachments: #1 Text of Proposed Order)(Broughton, Turner) |
| Filing 38 MOTION for Matthew I. Menchel to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3047281. by Express Scripts Holding Company, Express Scripts, Inc. (Attachments: #1 Text of Proposed Order)(Hedblom, Jacqueline) |
| Filing 37 MOTION for Steven G. Kobre to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3047277. by Express Scripts Holding Company, Express Scripts, Inc. (Attachments: #1 Text of Proposed Order)(Hedblom, Jacqueline) |
| Filing 36 REPLY to Response to Motion re #4 MOTION to Remand to State Court and Incorporated Memorandum of Law . filed by City of Martinsville, Virginia. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Conrod, Richard) |
| Filing 35 MOTION for Kimberly Chemerinsky to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3046896. by Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated. (Attachments: #1 Text of Proposed Order)(Broughton, Turner) |
| Filing 34 REPLY to Response to Motion re #27 MOTION to Stay by Moving Defendants filed . filed by Express Scripts Holding Company, Express Scripts, Inc, Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated. (Hedblom, Jacqueline) |
| Filing 33 NOTICE of Appearance by Rebecca Cheryl Mandel on behalf of Mylan Pharmaceuticals, Inc. (Mandel, Rebecca) |
| Filing 32 Brief / Memorandum in Opposition re #4 MOTION to Remand to State Court and Incorporated Memorandum of Law, #19 Response in Support of Motion . filed by Express Scripts Holding Company, Express Scripts, Inc, Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated. (Hedblom, Jacqueline) |
| Filing 31 RESPONSE in Opposition re #27 MOTION to Stay by Moving Defendants filed . filed by Mylan Pharmaceuticals, Inc.. (Talotta, Jon) |
| Filing 30 NOTICE of Hearing on Motion #4 MOTION to Remand to State Court and Incorporated Memorandum of Law, #27 MOTION to Stay by Moving Defendants filed, #10 MOTION to Expedite Treatment of Motion to Remand : (CR) Motion Hearing set for 1/17/2019 10:00 AM in Roanoke before District Judge Elizabeth K. Dillon. NOTICE TO COUNSEL: This hearing has been set for two hours. If you think the hearing will take longer than two hours, please contact the Courtroom Deputy as soon as possible. Parties may appear telephonically if coordinated with chambers beforehand. (ck) |
| Filing 29 Brief / Memorandum in Opposition re #27 MOTION to Stay by Moving Defendants filed . filed by City of Martinsville, Virginia. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Conrod, Richard) |
| Filing 28 Brief / Memorandum in Support re #27 MOTION to Stay by Moving Defendants filed . filed by Express Scripts Holding Company, Express Scripts, Inc. (Attachments: #1 Exhibit 1- Conditional Transfer Order, #2 Exhibit 2- Lac Courtes Oreilles Opinion, #3 Exhibit 3- Rancheria Order, #4 Exhibit 4- Kentucky Order, #5 Exhibit 5- City of Portland Order, #6 Exhibit 6- San Mateo Order, #7 Exhibit 7- Combined Orders Granting Stays, #8 Exhibit 8- Noble County Order, #9 Exhibit 9- Jefferson County Order)(Hedblom, Jacqueline) |
| Filing 27 MOTION to Stay by Moving Defendants filed by Express Scripts Holding Company, Express Scripts, Inc. (Attachments: #1 Text of Proposed Order)(Hedblom, Jacqueline) |
| Filing 26 NOTICE of Appearance by Shannon Marie Fitzgerald on behalf of CVS Health Corporation, CVS Pharmacy, Inc., CVS TN Distribution, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C., CaremarkPCS Health, L.L.C. (Fitzgerald, Shannon) |
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Filing 25
ORDER granting #23 MOTION for Julian W. Park to Appear Pro Hac Vice. Attorney Julian Park for Express Scripts Holding Company and Express Scripts, Inc added. Signed by District Judge Elizabeth K. Dillon on 12/27/2018. (ck)
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Filing 24
ORDER granting #22 MOTION for Adriana Riviere-Badell to Appear Pro Hac Vice. Attorney Adriana Riviere-Badell for Express Scripts Holding Company and Express Scripts, Inc added. Signed by District Judge Elizabeth K. Dillon on 12/27/2018. (ck)
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| Filing 23 MOTION for Julian W. Park to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3039371. by Express Scripts Holding Company, Express Scripts, Inc. (Attachments: #1 Text of Proposed Order)(Hedblom, Jacqueline) |
| Filing 22 MOTION for Adriana Riviere-Badell to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3039351. by Express Scripts Holding Company, Express Scripts, Inc. (Attachments: #1 Text of Proposed Order)(Hedblom, Jacqueline) |
| Filing 21 Notice of Cancellation of 1/2/2019 Motion Hearing (Cancel Court Reporter) (ck) |
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Filing 20
ORDER granting #13 Motion for Extension of Time to File Response/Reply and Amending Briefing Order. The previously scheduled hearing in Roanoke at 2:00 p.m. on January 2, 2019, is cancelled. Signed by District Judge Elizabeth K. Dillon on 12/21/2018. (ck)
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| Filing 19 RESPONSE in Support re #4 MOTION to Remand to State Court and Incorporated Memorandum of Law . filed by Mylan Pharmaceuticals, Inc.. (Talotta, Jon) |
| Filing 18 Positive Corporate Disclosure Statement by Mylan Pharmaceuticals, Inc. identifying Corporate Parent Mylan, N.V., Corporate Parent Mylan, Inc. for Mylan Pharmaceuticals, Inc.. (Talotta, Jon) |
| Filing 17 NOTICE of Appearance by Jon Myer Talotta on behalf of Mylan Pharmaceuticals, Inc. (Talotta, Jon) |
| Filing 16 State Court Records received electronically from Martinsville Circuit Court, CL18000240-00. NOTE: Refer to Table of Contents provided and attached for location of the state court records. (Attachment: #1 Continuation of Martinsville Circuit Court Records)(mlh) |
| Filing 15 NOTICE of Hearing on Motion #4 MOTION to Remand to State Court and Incorporated Memorandum of Law, #10 MOTION to Expedite Treatment of Motion to Remand : (CR) Motion Hearing set for 1/2/2019 02:00 PM in Roanoke before District Judge Elizabeth K. Dillon. Parties may appear telephonically if coordinated with chambers beforehand. (ck) |
| Filing 14 Brief / Memorandum in Support re #13 MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Remand to State Court and Incorporated Memorandum of Law . filed by Express Scripts Holding Company, Express Scripts, Inc. (Hedblom, Jacqueline) |
| Filing 13 MOTION for Extension of Time to File Response/Reply as to #4 MOTION to Remand to State Court and Incorporated Memorandum of Law by Express Scripts Holding Company, Express Scripts, Inc. (Hedblom, Jacqueline) |
| Filing 12 Brief / Memorandum in Opposition re #10 MOTION to Expedite Treatment of Motion to Remand . filed by Express Scripts Holding Company, Express Scripts, Inc. (Attachments: #1 Exhibit A- Notice of Tag-Along, #2 Exhibit B- Conditional Transfer Order, #3 Exhibit C- JPML Rules)(Hedblom, Jacqueline) |
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Filing 11
BRIEFING ORDER. Signed by District Judge Elizabeth K. Dillon on 12/20/2018. (mlh) (Main Document 11 replaced on 12/20/2018 with corrected pdf and NEF regenerated) (ck).
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| Filing 10 MOTION to Expedite Treatment of Motion to Remand by City of Martinsville, Virginia. (Conrod, Richard) |
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Filing 9
Order Requesting Transmittal of Original Case File from Martinsville City Circuit Court. Signed by District Judge Elizabeth K. Dillon on 12/18/18. (ham)
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| Filing 8 Negative Corporate Disclosure Statement by UnitedHealth Group Incorporated (Broughton, Turner) |
| Filing 7 Negative Corporate Disclosure Statement by OptumRx, Inc. (Broughton, Turner) |
| Filing 6 Negative Corporate Disclosure Statement by Optum, Inc. (Broughton, Turner) |
| Filing 5 Positive Corporate Disclosure Statement by Express Scripts Holding Company (Hedblom, Jacqueline) |
| Filing 4 MOTION to Remand to State Court and Incorporated Memorandum of Law by City of Martinsville, Virginia. (Conrod, Richard) |
| Filing 3 Positive Corporate Disclosure Statement by Express Scripts, Inc identifying Corporate Parent Express Scripts Holding Company for Express Scripts, Inc. (Hedblom, Jacqueline) |
| Filing 2 Notice of Filing Requirement to Amerisourcebergen Drug Corporation; Express Scripts Holding Company; Express Scripts, Inc; Optum, Inc.; OptumRx, Inc.; UnitedHealth Group Incorporated - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are directed to file a Corporate Disclosure Statement with their first appearance, pleading, motion or response. #Click here to access the Corporate Disclosure Statement Form. This form should be electronically filed in this matter as ordered. (ham) |
| Filing 1 NOTICE OF REMOVAL from Martinsville City Circuit Court, case number CL18-240, (Filing & Administrative fee $400.00; pay.gov receipt number 0423-3033699) filed by Express Scripts Holding Company, Express Scripts, Inc. (Attachments: #1 Exhibit 1 - State Court Complaint, #2 Exhibit 2 - MDL No. 2804 Transfer Order, #3 Exhibit 3 - State Court Documents, #4 Civil Cover Sheet)(ham) |
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