Page County v. Purdue Pharma, L.P. et al
| Page County |
| 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. |
| 5:2018cv00147 |
| 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 May 10, 2019. A more recent docket listing may be available from PACER.
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| Filing 76 TRANSCRIPT of Proceedings: Motions Hearing held on 1/17/2019 before Judge Elizabeth Dillon. Court Reporter/Transcriber Mary J. Butenschoen, RPR, CRR, Telephone number 540-857-5100 Ext 5312. 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 5/31/2019. Redacted Transcript Deadline set for 6/10/2019. Release of Transcript Restriction set for 8/8/2019. (mb) (Main Document 76 replaced on 5/13/2019 - title page had incorrect hearing date; corrected and replaced.) Modified on 5/13/2019 (ca). |
| Filing 75 Case transferred from Virginia Western has been opened in Northern District of Ohio as case 1:19-op-45275, filed 04/15/2019. (ck) |
| Filing 74 Notice of MDL Transfer Order from Northern District of Ohio; MDL No. 2804 (ck) |
Filing 73
Memorandum Opinion and Order granting in part and denying in part #10 Motion to Expedite and granting #24 Motion to Stay Case. Signed by District Judge Elizabeth K. Dillon on 2/14/2019. (ck)
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| Filing 72 NOTICE by Express Scripts Holding Company, Express Scripts, Inc, Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated re #3 , #24 of Supplemental Authorities (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hedblom, Jacqueline) |
| Filing 71 NOTICE by Express Scripts Holding Company, Express Scripts, Inc, Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated re #3 , #24 of Supplemental Authority (Attachments: #1 Exhibit A)(Hedblom, Jacqueline) |
| Filing 70 NOTICE by Page County re #3 (EDVA Decision) (Attachments: #1 Exhibit A)(Conrod, Richard) |
| Filing 69 NOTICE by Page County re #3 (Additional Authority) (Attachments: #1 Exhibit A)(Conrod, Richard) |
| Filing 68 NOTICE by Express Scripts Holding Company, Express Scripts, Inc, Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated re #3 , #24 of Supplemental Authorities (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Hedblom, Jacqueline) |
| Filing 67 Minute Entry for proceedings held before District Judge Elizabeth K. Dillon: Motion Hearing held on 1/17/2019 re #10 MOTION to Expedite Treatment of Motion to Remand filed by Page County, #3 MOTION to Remand to State Court and Incorporated Memorandum of Law filed by Page County, #24 MOTION to Stay by Moving Defendants filed filed by Express Scripts Holding Company, Express Scripts, Inc. (Court Reporter: M. Butenschoen) (bwd) |
| Filing 66 NOTICE by Endo Health Solutions, Inc, Endo Pharmaceuticals, Inc. re #64 (NOTICE OF ERRATA REGARDING ENDO PHARMACEUTICALS INC. AND ENDO HEALTH SOLUTIONS INC.S RESPONSE IN SUPPORT OF SUPPLEMENTAL NOTICE OF REMOVAL) (Lollar, Tirzah) |
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Filing 65
ORAL ORDER granting #49 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 64 Response re #37 Notice (Other) . filed by Endo Health Solutions, Inc, Endo Pharmaceuticals, Inc.. (Attachments: #1 Exhibit 1)(Lollar, Tirzah) |
| Filing 63 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 62 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 61 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 60 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 59 Positive Corporate Disclosure Statement by CVS Pharmacy, Inc. identifying Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc.. (Coburn, Samuel) |
| Filing 58 Positive Corporate Disclosure Statement by CVS Health Corporation (Coburn, Samuel) |
| Filing 57 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 56 REPLY to Response to Motion re #24 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 55 Brief/Memorandum in Opposition to Supplemental Notice of Removal. filed by Mylan Pharmaceuticals, Inc.. (Mandel, Rebecca) |
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Filing 54
ORAL ORDER granting #46 Motion for Leave to File. Mylan Pharmaceuticals Supplemental Memorandum in Support of Plaintiff's Motion to Remand at #46 Exhibit A is deemed filed. Entered by District Judge Elizabeth K. Dillon on 1/14/2019. (ck)
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Filing 53
ORAL ORDER granting #45 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 52
ORAL ORDER granting #44 MOTION for Jake R. Miller to Appear Pro Hac Vice. Attorney Jake R. Miller for Endo Health Solutions, Inc and Endo Pharmaceuticals, Inc. added. Entered by District Judge Elizabeth K. Dillon on 1/14/2019. (ck)
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Filing 51
ORAL ORDER granting #43 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 50
ORAL ORDER granting #42 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 49 MOTION for William Jordan to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3049378. by Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated. (Attachments: #1 Text of Proposed Order)(Broughton, Turner) |
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Filing 48
ORAL ORDER granting #40 MOTION for Kimberly Chemerinsky to Appear Pro Hac Vice. Attorney Kimberly Chemerinsky for Optum, Inc.,for OptumRx, Inc. and UnitedHealth Group Incorporated added. Entered by District Judge Elizabeth K. Dillon on 1/14/2019. (ck)
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| Filing 47 Brief/Memorandum in Opposition to Supplemental Notice of Removal Filed By Endo Defendants and in Support of Motion to Remand. filed by Page County. (Conrod, Richard) |
| Filing 46 MOTION for Leave to File 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 45 MOTION for Brian Boone to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3048432. by Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated. (Attachments: #1 Text of Proposed Order)(Broughton, Turner) |
| Filing 44 MOTION for Jake R. Miller to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3047781. by Endo Health Solutions, Inc, Endo Pharmaceuticals, Inc.. (Attachments: #1 Text of Proposed Order)(Lollar, Tirzah) |
| Filing 43 MOTION for Matthew I. Menchel to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3047356. by Express Scripts Holding Company, Express Scripts, Inc. (Attachments: #1 Text of Proposed Order)(Hedblom, Jacqueline) |
| Filing 42 MOTION for Steven G. Kobre to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3047353. by Express Scripts Holding Company, Express Scripts, Inc. (Attachments: #1 Text of Proposed Order)(Hedblom, Jacqueline) |
| Filing 41 REPLY to Response to Motion re #3 MOTION to Remand to State Court and Incorporated Memorandum of Law . filed by Page County. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Conrod, Richard) |
| Filing 40 MOTION for Kimberly Chemerinsky to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3046899. by Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated. (Attachments: #1 Text of Proposed Order)(Broughton, Turner) |
| Filing 39 Notice of Filing Requirement to 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. - 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. (jv) |
| Filing 38 REPLY to Response to Motion re #24 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 37 NOTICE by Endo Health Solutions, Inc, Endo Pharmaceuticals, Inc. Supplemental Notice in Support of Removal (Lollar, Tirzah) |
| Filing 36 Positive Corporate Disclosure Statement by Endo Health Solutions, Inc, Endo Pharmaceuticals, Inc. identifying Corporate Parent Endo International plc for Endo Health Solutions, Inc, Endo Pharmaceuticals, Inc.. (Lollar, Tirzah) |
| Filing 35 NOTICE of Appearance by Tirzah Sungyeh Lollar on behalf of Endo Health Solutions, Inc, Endo Pharmaceuticals, Inc. (Lollar, Tirzah) |
| Filing 34 NOTICE of Appearance by Rebecca Cheryl Mandel on behalf of Mylan Pharmaceuticals, Inc. (Mandel, Rebecca) |
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Filing 33
ORAL ORDER granting #29 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 1/8/2019. (ck)
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Filing 32
ORAL ORDER granting #28 MOTION for Julian W. Park to Appear Pro Hac Vice. Attorney Julian W. Park for Express Scripts Holding Company and Express Scripts, Inc added. Signed by District Judge Elizabeth K. Dillon on 1/8/2019. (ck)
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| Filing 31 Brief / Memorandum in Opposition re #3 MOTION to Remand to State Court and Incorporated Memorandum of Law, #18 Response in Support of Motion . filed by Express Scripts Holding Company, Express Scripts, Inc. (Attachments: #1 Exhibit 1- Statement of Interest)(Hedblom, Jacqueline) |
| Filing 30 RESPONSE in Opposition re #24 MOTION to Stay by Moving Defendants filed . filed by Mylan Pharmaceuticals, Inc.. (Talotta, Jon) |
| Filing 29 MOTION for Adriana Riviere-Badell to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3043938. by Express Scripts Holding Company, Express Scripts, Inc. (Attachments: #1 Text of Proposed Order)(Hedblom, Jacqueline) |
| Filing 28 MOTION for Julian W. Park to Appear Pro Hac Vice. Filing fee $ 100, receipt number 0423-3043937. by Express Scripts Holding Company, Express Scripts, Inc. (Attachments: #1 Text of Proposed Order)(Hedblom, Jacqueline) |
| Filing 27 NOTICE of Hearing on Motion #10 MOTION to Expedite Treatment of Motion to Remand, #3 MOTION to Remand to State Court and Incorporated Memorandum of Law, #24 MOTION to Stay by Moving Defendants filed : (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 26 Brief / Memorandum in Opposition re #24 MOTION to Stay by Moving Defendants filed . filed by Page County. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Conrod, Richard) |
| Filing 25 Brief / Memorandum in Support re #24 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- Commonwealth of 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, #10 Text of Proposed Order)(Hedblom, Jacqueline) |
| Filing 24 MOTION to Stay by Moving Defendants filed by Express Scripts Holding Company, Express Scripts, Inc. (Hedblom, Jacqueline) |
| Filing 23 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) |
| Filing 22 State Court Records received from Page County Circuit Court, CL-18-605 (Attachments: #1 Change of Address as filed in Page County Circuit Court, #2 Order from Supreme Court of VA, #3 USDC Order)(jv) (Additional attachment(s) added on 12/28/2018: #4 Notice of Removal as filed in Page County CC) (jv). Modified on 12/28/2018 to add documents received by mail on 12/28/18 (jv). |
| Filing 21 Brief / Memorandum in Opposition re #10 MOTION to Expedite Treatment of Motion to Remand CORRECTED. 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) |
| Filing 20 Notice of Cancellation of 1/2/2019 Motion Hearing (Cancel Court Reporter) (ck) |
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Filing 19
ORDER granting #14 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 18 RESPONSE in Support re #3 MOTION to Remand to State Court and Incorporated Memorandum of Law . filed by Mylan Pharmaceuticals, Inc.. (Talotta, Jon) |
| Filing 17 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 16 NOTICE of Appearance by Jon Myer Talotta on behalf of Mylan Pharmaceuticals, Inc. (Talotta, Jon) |
| Filing 15 Brief / Memorandum in Support re #14 MOTION for Extension of Time to File Response/Reply as to #3 MOTION to Remand to State Court and Incorporated Memorandum of Law . filed by Express Scripts Holding Company, Express Scripts, Inc. (Hedblom, Jacqueline) |
| Filing 14 MOTION for Extension of Time to File Response/Reply as to #3 MOTION to Remand to State Court and Incorporated Memorandum of Law by Express Scripts Holding Company, Express Scripts, Inc. (Hedblom, Jacqueline) |
| Filing 13 Brief / Memorandum in Opposition re #10 MOTION to Expedite Treatment of Motion to Remand . filed by Express Scripts Holding Company, Express Scripts, Inc. (Hedblom, Jacqueline) |
| Filing 12 NOTICE of Hearing on Motion #10 MOTION to Expedite Treatment of Motion to Remand, #3 MOTION to Remand to State Court and Incorporated Memorandum of Law : (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.(kld) |
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Filing 11
BRIEFING ORDER. Signed by District Judge Elizabeth K. Dillon on 12/20/2018. (kld) (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 Page County. (Conrod, Richard) |
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Filing 9
Order Requesting Transmittal of Original Case File from Page County Circuit Court. Signed by District Judge Elizabeth K. Dillon on 12/18/2018. (jv)
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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 Positive Corporate Disclosure Statement by Express Scripts, Inc identifying Corporate Parent Express Scripts Holding Company for Express Scripts, Inc. (Hedblom, Jacqueline) |
| Filing 3 MOTION to Remand to State Court and Incorporated Memorandum of Law by Page County. (Conrod, Richard) |
| Filing 2 Notice of Filing Requirement to 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. (jv) |
| Filing 1 NOTICE OF REMOVAL from Page County Circuit Court, case number CL-18-605. (Filing & Administrative fee $ 400, receipt number 0423-3033684), filed by Express Scripts Holding Company and Express Scripts, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit #1 Complaint as filed in Page County Circuit Court, #3 Exhibit #2 MDL Order, #4 Exhibit #3 Page County Circuit Court documents, #5 Exhibit #4 List of defendants and attys)(jv) Modified on 12/14/2018 to reflect correct filers(jv). |
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