City of Martinsville, Virginia v. Purdue Pharma, L.P. et al
| City of Martinsville, Virginia |
| Purdue Pharma, L.P., Purdue Pharma, Inc., The Purdue Frederick Company, Inc., Rhodes Pharmaceuticals, L.P., Abbott Laboratories, Abbott Laboratories, Inc., Mallinckrodt PLC, Mallinckrodt LLC, Endo Health Solutions, Inc, Endo Pharmaceuticals, Inc., PAR Pharmaceutical Companies, Inc., PAR Pharmaceutical, Inc., TEVA Pharmaceuticals USA, Inc., Cephalon, Inc., Barr Laboratories, Inc., Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Janssen Pharmaceutica, Inc., Watson Laboratories, Inc., Allergan PLC, Actavis Pharma, Inc., Actavis, LLC, Insys Therapeutics, Inc., KVK-Tech, Inc., Amneal Pharmaceuticals LLC, Impax Laboratories, LLC, Amneal Pharmaceuticals, Inc., Amneal Pharmaceuticals of New York, LLC, Mylan Pharmaceuticals, Inc., McKesson Corporation, McKesson Medical-Surgical Inc., Cardinal Health, Inc., Amerisourcebergen Drug Corporation, Henry Schein, Inc., General Injectables & Vaccines, Inc., Insource, Inc., CVS Health Corporation, CVS Pharmacy, Inc., CVS TN Distribution, L.L.C., Walgreens Boots Alliance, Inc., Walgreen Co., Express Scripts Holding Company, Express Scripts, Inc., Caremark RX, L.L.C., CaremarkPCS Health, L.L.C., Caremark, L.L.C., UnitedHealth Group Incorporated, Optum, Inc., OptumRx, Inc. and Does 1-100 |
| 4:2024cv00002 |
| January 17, 2024 |
| US District Court for the Western District of Virginia |
| Elizabeth K Dillon |
| C Kailani Memmer |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1446 pl Petition for Removal - Product Liability |
| Both |
Docket Report
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This docket was last retrieved on March 2, 2024. A more recent docket listing may be available from PACER.
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| Filing 49 TRANSCRIPT of Proceedings: Motion Hearing held on 2/21/2024 before Judge Elizabeth K. Dillon. Court Reporter/Transcriber Judy Webb, Telephone number 540-520-3632/judy.webb@gmail.com. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER unless a Redacted Transcript has been filed. Redaction Request due 3/25/2024. Redacted Transcript Deadline set for 4/2/2024. Release of Transcript Restriction set for 5/31/2024. (Transcript was sent to counsel on 2/25/2024. Reporter forgot to docket the original.) (jw) |
| Filing 48 TRANSCRIPT REQUEST (Expedited-7 calendar days Service) by Mary Carrillo for Motion Hearing held on 2/21/2024 reported by Court Reporter Judy Webb before Judge Elizabeth Dillon. Transcript Due Deadline will be set when Financial Arrangements are made. (slt) |
| Filing 47 TRANSCRIPT REQUEST (Ordinary-30 calendar days Service) by City of Martinsville, Virginia for Hearing held on 2/21/2024 reported by Court Reporter Judy Webb before Judge Elizabeth K. Dillon. Transcript Due Deadline will be set when Financial Arrangements are made. (Tepe, Jonathan) |
| Filing 46 Financial arrangements made (Original) (3 Days Service) re #44 Transcript Request, Transcript due by 2/26/2024. (jw) |
| Filing 45 TRANSCRIPT REQUEST (14 calendar days Service) by OptumRx, Inc. for Hearing on Motion to Remand held on 02/21/24 reported by Court Reporter Judy Webb before Judge Elizabeth Dillon. Transcript Due Deadline will be set when Financial Arrangements are made. (Broughton, Turner) |
| Filing 44 TRANSCRIPT REQUEST (3 Day Service) by Express Scripts, Inc. for Hearing held on 02/21/2024 reported by Court Reporter Judy Webb before Judge Elizabeth K. Dillon. Transcript Due Deadline will be set when Financial Arrangements are made. (Scott, Emily) |
| Filing 43 Minute Entry for proceedings held before Judge Elizabeth K. Dillon: Motion Hearing held on 2/21/2024 re #10 MOTION to Remand and Incorporated Memorandum of Law filed by City of Martinsville, Virginia. (Court Reporter: Judy Webb) (kpa) |
Filing 42
ORAL ORDER: By email dated January 29, 2024, counsel for defendants Mallinckrodt PLC and Mallinckrodt LLC directed the court to a filing in the state court action from August 2022, titled a "Notice of Bankruptcy Discharge." (See State Court Record, docketed in this court at Dkt. No. 37-2, at 193-195, along with voluminous attachments from the bankruptcy court.) Both that document and counsel's email explain that these two entitles should be dismissed in this case as the claims against them were discharged in bankruptcy. Plaintiff's counsel (and other counsel who had entered an appearance in this case at that time) were copied on the email; no one has objected to the request. Additionally, it does not appear that any party objected to the request in the state court proceeding before the case was removed. In light of the representations of counsel and finding good cause to do so, the claims against defendants Mallinckrodt LLC and Mallinckrodt PLC are hereby DISMISSED and they shall be TERMINATED as defendants from this action. Entered by Judge Elizabeth K. Dillon on 2/20/2024. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(ham)
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| Filing 41 Reply re #10 MOTION to Remand and Incorporated Memorandum of Law . filed by City of Martinsville, Virginia. (Spivey, William) |
| Filing 40 RESPONSE in Opposition re #10 MOTION to Remand and Incorporated Memorandum of Law . filed by Express Scripts, Inc., OptumRx, Inc.. (Attachments: #1 Declaration in Support of Thomas D. Jenkins)(Scott, Emily) |
| Filing 39 NOTICE of Appearance by Eric Christopher Lyttle on behalf of Express Scripts Holding Company, Express Scripts, Inc. (Lyttle, Eric) |
| Filing 38 NOTICE of Appearance by Matthew Patrick McGuire on behalf of OptumRx, Inc. (McGuire, Matthew) |
| Filing 37 Certified True Copies of State Court Record received electronically from Martinsville City Circuit Court, case number CL18000240-00. (Attachments: #1 State Court Records-Part 1, #2 State Court Records-Part 2, #3 State Court Records-Part 3, #4 State Court Records-Part 4, #5 State Court Records-Part 5)(ham) |
| Brian D. Boone, in accordance with Section C.9. of the Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means, a registered user is responsible for ensuring their mailing address, primary email address, and telephone number are kept up-to-date with this court by updating the information in their PACER account and submitting to this court. Click #here for PACER aid to updating your personal information, address information or email noticing. (ham) |
| Filing 36 NOTICE of Appearance by Brian David Boone on behalf of OptumRx, Inc. (Boone, Brian) |
| Filing 35 NOTICE of Appearance by Caroline Rawls Strumph on behalf of OptumRx, Inc. (Strumph, Caroline) |
| Filing 34 NOTICE of Appearance by Michael John Lyle on behalf of Express Scripts Holding Company, Express Scripts, Inc. (Lyle, Michael) |
| Filing 33 NOTICE of Appearance by Jonathan Gordon Cooper on behalf of Express Scripts Holding Company, Express Scripts, Inc. (Cooper, Jonathan) |
| Filing 32 NOTICE of Appearance by Matthew Wasserman on behalf of Express Scripts Holding Company, Express Scripts, Inc. (Wasserman, Matthew) |
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Filing 31
ORDER granting #26 MOTION to Appear Pro Hac Vice as to Caroline R. Strumph. Signed by Judge Elizabeth K. Dillon on 1/29/2024. (ham)
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Filing 30
ORDER granting #25 MOTION to Appear Pro Hac Vice as to Matthew P. McGuire. Signed by Judge Elizabeth K. Dillon on 1/29/2024. (ham)
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Filing 29
ORDER granting #24 MOTION to Appear Pro Hac Vice as to Brian D. Boone. Signed by Judge Elizabeth K. Dillon on 1/29/2024. (ham)
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| Filing 28 NOTICE of Appearance by Jonathan Tepe on behalf of City of Martinsville, Virginia (Tepe, Jonathan) |
| Filing 27 NOTICE of Appearance by Kevin H. Sharp on behalf of City of Martinsville, Virginia (Sharp, Kevin) |
| Filing 26 MOTION for Caroline Strumph to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4351414. by OptumRx, Inc.. (Attachments: #1 Text of Proposed Order)(Broughton, Turner) |
| Filing 25 MOTION for Matthew McGuire to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4351407. by OptumRx, Inc.. (Attachments: #1 Text of Proposed Order)(Broughton, Turner) |
| Filing 24 MOTION for Brian Boone to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4351395. by OptumRx, Inc.. (Attachments: #1 Text of Proposed Order)(Broughton, Turner) |
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Filing 23
ORDER granting #19 MOTION to Appear Pro Hac Vice as to Jonathan Tepe. Signed by Judge Elizabeth K. Dillon on 1/26/2024. (ham)
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Filing 22
ORDER granting #18 MOTION to Appear Pro Hac Vice as to Kevin H. Sharp. Signed by Judge Elizabeth K. Dillon on 1/26/2024. (ham)
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Filing 21
ORAL ORDER finding as moot #9 Motion to Expedite. Entered by Judge Elizabeth K. Dillon on February 26, 2024. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(mc)
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| Filing 20 NOTICE of Hearing on Motion #10 MOTION to Remand and Incorporated Memorandum of Law : (CR) Motion Hearing set for February 21, 2024 at 2:00 PM in ROANOKE (with the agreement of the parties) before Judge Elizabeth K. Dillon. (The parties anticipate needing one hour for this hearing.)(mc) |
| Filing 19 MOTION for Jonathan Tepe to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4350080. by City of Martinsville, Virginia. (Attachments: #1 Text of Proposed Order Proposed Order)(Spivey, William) |
| Filing 18 MOTION for Kevin H. Sharp to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4350075. by City of Martinsville, Virginia. (Attachments: #1 Text of Proposed Order Proposed Order)(Spivey, William) |
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Filing 17
ORDER granting #11 MOTION to Appear Pro Hac Vice as to Michael Lyle. Signed by Judge Elizabeth K. Dillon on 1/26/2024. (ham) (Main Document 17 replaced on 1/26/2024) (ham). Modified on 1/26/2024 - Replaced deficient/incorrect pdf document with corrected pdf document (ham).
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Filing 16
ORDER granting #8 MOTION to Appear Pro Hac Vice as to Jonathan G. Cooper. Signed by Judge Elizabeth K. Dillon on 1/26/2024. (ham)
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Filing 15
ORDER granting #7 MOTION to Appear Pro Hac Vice as to Matthew K. Wasserman. Signed by Judge Elizabeth K. Dillon on 1/26/2024. (ham)
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| Filing 14 REPLY to Response to Motion re #9 MOTION to Expedite for Expedited Treatment of Motion to Remand . filed by City of Martinsville, Virginia. (Spivey, William) |
| Filing 13 Exhibit Exhibits to Doc 12 / Opposition filed previously by Express Scripts, Inc., OptumRx, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Scott, Emily) |
| Filing 12 RESPONSE in Opposition re #9 MOTION to Expedite for Expedited Treatment of Motion to Remand . filed by Express Scripts, Inc., OptumRx, Inc.. (Scott, Emily) |
| Filing 11 MOTION for Michael Lyle to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4348885. by Express Scripts Holding Company, Express Scripts, Inc.. (Attachments: #1 Text of Proposed Order)(Scott, Emily) |
| Filing 10 MOTION to Remand and Incorporated Memorandum of Law by City of Martinsville, Virginia. (Attachments: #1 Exhibit A, #2 Exhibit B)(Spivey, William) |
| Filing 9 MOTION to Expedite for Expedited Treatment of Motion to Remand by City of Martinsville, Virginia. (Spivey, William) |
| Filing 8 MOTION for Jonathan G. Cooper to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4348023. by Express Scripts Holding Company, Express Scripts, Inc.. (Attachments: #1 Text of Proposed Order)(Scott, Emily) |
| Filing 7 MOTION for Matthew K. Wasserman to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4348013. by Express Scripts Holding Company, Express Scripts, Inc.. (Attachments: #1 Text of Proposed Order)(Scott, Emily) |
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Filing 6
Order Requesting Transmittal of Case File from Martinsville City Circuit Court. Signed by Judge Elizabeth K. Dillon on 1/19/2024. (Certified copy of Order mailed to Martinsville City Circuit Court via US Mail)(ham)
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| Filing 5 Positive Corporate Disclosure Statement by OptumRx, Inc. identifying Corporate Parent United HealthCare Services, Inc., Corporate Parent OptumRX Holdings LLC, Corporate Parent UnitedHealthGroup, Incorporated for OptumRx, Inc.. (Broughton, Turner) |
| Filing 4 NOTICE by Express Scripts, Inc. re: Certificate of Service of Filing in State Court (Scott, Emily) |
| Filing 3 Notice of Filing Requirement - 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 2 Positive Corporate Disclosure Statement by Express Scripts, Inc. identifying Corporate Parent Evernorth Health, Inc. and Corporate Parent The Cigna Group. (ham) |
| Filing 1 JOINT NOTICE OF REMOVAL from Martinsville City Circuit Court, case number CL18000240-00 (Filing & Administrative fee $405.00; pay.gov receipt number AVAWDC-4342497) filed by Express Scripts, Inc. and OptumRx, Inc. (Attachments: #1 Exhibit A - State Court Complaint, #2 Exhibit B1 - State Court Record, #3 Exhibit B2 - State Court Record, #4 Exhibit B3 - State Court Record, #5 Exhibit B4 - State Court Record, #6 Exhibit B5 - State Court Record, #7 Exhibit B6 - State Court Record, #8 Exhibit B7 - State Court Record, #9 Exhibit C - State Court Docket Sheet, #10 Exhibit D - State Court Stipulation, #11 Exhibit E - Tricare Contract, #12 Civil Cover Sheet)(ham) |
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