Amherst County, Virginia v. Mallinckrodt PLC et al
| Amherst County, Virginia |
| Caremark RX, L.L.C., Beverly Sackler, Mark Timney, Express Scripts Holding Company, Virginia CVS Pharmacy, L.L.C., Mallinckrodt LLC, Allergan Finance, LLC, McKesson Corporation, Mallinckrodt PLC, McKesson Medical-Surgical Inc., Henry Schein, Inc., CVS TN Distribution, L.L.C., Insource, Inc., OptumRx, Inc., Allergan PLC, Mylan Institutional Inc., Richard Sackler, Theresa Sackler, Endo Pharmaceuticals, Inc., Walgreen Eastern Co., Inc., Rite Aid Corp., Rite Aid Mid-Atlantic, Caremark, L.L.C., Cardinal Health, Inc., Walgreens Boots Alliance, Inc., Eckerd Corporation, Actavis, LLC, Endo Health Solutions, Inc, ESI Mail Pharmacy Service, Inc., Watson Laboratories, Inc., Craig Landau, Cephalon, Inc., PAR Pharmaceutical Companies, Inc., TEVA Pharmaceuticals USA, Inc., CaremarkPCS Health, L.L.C., Mortimer D.A. Sackler, Jonathan Sackler, CVS Health Corporation, Optum, Inc., Actavis Pharma, Inc., Does 1-100, Indivior Inc., CaremarkPCS, L.L.C., Barr Laboratories, Inc., John Stewart, PAR Pharmaceutical, Inc., Ilene Sackler Lefcourt, Amerisourcebergen Drug Corporation, Rite Aid of Maryland, Inc., Russell Gasdia, Mylan Pharmaceuticals, Inc., Rite Aid of Virginia, Inc., Specgx LLC, Walgreen Co., Express Scripts, Inc., David Sackler, Express Scripts Pharmacy, Inc., WalMart Inc., UnitedHealth Group Incorporated, CVS Pharmacy, Inc., Kathe Sackler and General Injectables & Vaccines, Inc. |
| 6:2019cv00077 |
| November 13, 2019 |
| US District Court for the Western District of Virginia |
| Elizabeth K Dillon |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 5, 2020. A more recent docket listing may be available from PACER.
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| Filing 49 Case transferred from Virginia Western has been opened in Northern District of Ohio as case 1:20-op-45046, filed 02/05/2020. (ck) |
| Filing 48 Notice of MDL Transfer Order from Northern District of Ohio; MDL No. 2804 (ck) |
Filing 47
ORDER granting #32 Motion to Stay Case. This case is STAYED temporarily pending a decision by the JPML as to whether these cases will be transferred to the Opiate MDL. Signed by Judge Elizabeth K. Dillon on 1/30/2020. (ck)
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| Filing 46 NOTICE of Voluntary Dismissal by Amherst County, Virginia (Conrod, Richard) |
| Filing 45 Brief / Memorandum in Opposition re #39 MOTION Conditional Motion for Order Implementing Automatic Stay Under Federal Rule of Civil Procedure 62(a) . filed by Amherst County, Virginia. (Conrod, Richard) |
| Filing 44 Reply Memorandum in Support of Moving Defendants' Motion for a Temporary Stay of Proceedings Pending Likely Transfer to Multidistrict Litigation. filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Attachments: #1 Exhibit 1 - Federal Officer Cases, #2 Exhibit 2 - Judge Polster Order, #3 Exhibit 3 - Martinsville Stay Order)(Scott, Emily) |
| Filing 43 REPLY to Response to Motion re #29 MOTION to Remand to State Court and Incorporated Memorandum in Support . filed by Amherst County, Virginia. (Conrod, Richard) |
| Filing 42 REPLY to Response to Motion re #30 Supplemental MOTION to Remand to State Court and Incorporated Memorandum in Support (addressing Supplemental Notice of Removal) . filed by Amherst County, Virginia. (Conrod, Richard) |
| Filing 41 Brief / Memorandum in Opposition re #32 MOTION to Stay Moving Defendants' Motion for Temporary Stay of Proceedings Pending the JPML's Final Transfer Decision . filed by Amherst County, Virginia. (Attachments: #1 Exhibit A)(Conrod, Richard) |
| Filing 40 Brief / Memorandum in Support re #39 MOTION Conditional Motion for Order Implementing Automatic Stay Under Federal Rule of Civil Procedure 62(a) . filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Scott, Emily) |
| Filing 39 MOTION Conditional Motion for Order Implementing Automatic Stay Under Federal Rule of Civil Procedure 62(a) by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Attachments: #1 Text of Proposed Order)(Scott, Emily) |
| Filing 38 RESPONSE in Opposition re #29 MOTION to Remand to State Court, (and Incorporated Memorandum in Support) filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc. (Attachments: #1 Exhibit 1 - Federal Officer Removed Cases, #2 Exhibit 2 - Diversity Removed Cases, #3 Exhibit 3 - Amherst Cahill Declaration, #4 Exhibit 4 - Statement of Work (DOD Contract), #5 Exhibit 5 - List of Opioid Cases, #6 Text of Proposed Order)(Scott, Emily) Modified docket text on 1/13/2020 to reflect correct filing event at filer's request. (ca) |
| Filing 37 Brief / Memorandum in Opposition re #30 Supplemental MOTION to Remand to State Court and Incorporated Memorandum in Support (addressing Supplemental Notice of Removal) . filed by Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Broughton, Turner) |
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Filing 36
ORDER granting #31 Motion Setting Briefing Schedule. Signed by Judge Elizabeth K. Dillon on 12/19/2019. (ck)
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| Filing 35 Positive Corporate Disclosure Statement by Eckerd Corporation, Rite Aid Corp., Rite Aid Mid-Atlantic, Rite Aid of Maryland, Inc., Rite Aid of Virginia, Inc. identifying Corporate Parent Rite Aid Corp. for Eckerd Corporation, Rite Aid Mid-Atlantic, Rite Aid of Maryland, Inc., Rite Aid of Virginia, Inc.. (Harvey, Patrick) |
| Filing 34 NOTICE of Appearance by Patrick Alan Harvey on behalf of Eckerd Corporation, Rite Aid Corp., Rite Aid Mid-Atlantic, Rite Aid of Maryland, Inc., Rite Aid of Virginia, Inc. (Harvey, Patrick) |
| Filing 33 Brief / Memorandum in Support re #32 MOTION to Stay Moving Defendants' Motion for Temporary Stay of Proceedings Pending the JPML's Final Transfer Decision . filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Attachments: #1 Exhibit 1 - CTO-122, #2 Exhibit 2 - List of Opioid Cases, #3 Exhibit 3 - Wave 1 and 2 Stay Orders, #4 Exhibit 4 - J. Polster Federal Officer Order, #5 Exhibit 5 - Federal Officer Removed Cases, #6 Exhibit 6 - All Federal Officer Stays, #7 Exhibit 7 - Diversity Removed Cases, #8 Exhibit 8 - NY Fraudulent Misjoinder Cases, #9 Exhibit 9 - Federal Question Removed Cases, #10 Exhibit 10 - CAFA Removed Cases, #11 Exhibit 11 - CAFA Stay Orders, #12 Exhibit 12 - Board of Commissioners Opinion, #13 Exhibit 13 - Commonwealth of Kentucky)(Scott, Emily) |
| Filing 32 MOTION to Stay Moving Defendants' Motion for Temporary Stay of Proceedings Pending the JPML's Final Transfer Decision by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Attachments: #1 Text of Proposed Order)(Scott, Emily) |
| Filing 31 MOTION Setting Briefing Schedule (Unopposed) Regarding Plaintiff's Motions to Remand and Defendants' Forthcoming Motion to Stay by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Attachments: #1 Text of Proposed Order)(Scott, Emily) |
| Filing 30 Supplemental MOTION to Remand to State Court and Incorporated Memorandum in Support (addressing Supplemental Notice of Removal) by Amherst County, Virginia. (Conrod, Richard) |
| Filing 29 MOTION to Remand to State Court and Incorporated Memorandum in Support by Amherst County, Virginia. (Attachments: #1 Exhibit 1)(Conrod, Richard) |
| Filing 28 Positive Corporate Disclosure Statement by Express Scripts Pharmacy, Inc. identifying Corporate Parent Cigna Corporation, Other Affiliate Express Scripts Holding Company for Express Scripts Pharmacy, Inc.. (Scott, Emily) |
| Filing 27 Paper State Court Records received from Amherst County Circuit Court, CL19000828-00, (Paper records available for viewing in the Roanoke Clerk's Office.) (ck) |
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Filing 26
ORDER granting #21 Motion for an Order Memorializing Parties' Agreement Regarding Time to Answer, Move, or Otherwise Respond to the Complaint. Signed by Judge Elizabeth K. Dillon on 11/20/2019. (ck)
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| Filing 25 Positive Corporate Disclosure Statement by Virginia CVS Pharmacy, L.L.C. identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation for Virginia CVS Pharmacy, L.L.C.. (Coburn, Samuel) |
| Filing 24 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 23 Positive Corporate Disclosure Statement by CVS Pharmacy, Inc. identifying Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc.. (Coburn, Samuel) |
| Filing 22 Positive Corporate Disclosure Statement by CaremarkPCS, L.L.C. identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation, Corporate Parent Caremark Rx, L.L.C. for CaremarkPCS, L.L.C.. (Coburn, Samuel) |
| Filing 21 Joint MOTION for an Order Memorializing Parties' Agreement Regarding Time to Answer, Move, or Otherwise Respond to the Complaint by Mallinckrodt LLC, Specgx LLC. (Attachments: #1 Text of Proposed Order)(Miller, Sarah) |
| Filing 20 NOTICE by Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated (Supplemental Notice of Removal) (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Broughton, Turner) |
| Filing 19 NOTICE of Change of Address by Richard Johan Conrod, Jr (Conrod, Richard) |
| Filing 18 NOTICE of Appearance by Rebecca Cheryl Mandel on behalf of Mylan Institutional Inc., Mylan Pharmaceuticals, Inc. (Mandel, Rebecca) |
| Filing 17 Positive Corporate Disclosure Statement by Mylan Institutional Inc., Mylan Pharmaceuticals, Inc. identifying Corporate Parent Mylan, N.V., Corporate Parent Mylan, Inc. for Mylan Institutional Inc., Mylan Pharmaceuticals, Inc.. (Talotta, Jon) |
| Filing 16 NOTICE of Appearance by Jon Myer Talotta on behalf of Mylan Institutional Inc., Mylan Pharmaceuticals, Inc. (Talotta, Jon) |
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Filing 15
Order Requesting Transmittal of Case File from Amherst County Circuit Court. Signed by Judge Elizabeth K. Dillon on 11/18/2019. (ck)
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| Filing 14 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 13 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 12 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 11 Positive Corporate Disclosure Statement by CVS Health Corporation (Coburn, Samuel) |
| Filing 10 NOTICE of Appearance by Samuel Perry Coburn on behalf of CVS Health Corporation, Caremark RX, L.L.C., Caremark, L.L.C., CaremarkPCS Health, L.L.C. (Coburn, Samuel) |
| Filing 9 Positive Corporate Disclosure Statement by Optum, Inc. (Broughton, Turner) |
| Filing 8 Positive Corporate Disclosure Statement by OptumRx, Inc. (Broughton, Turner) |
| Filing 7 Positive Corporate Disclosure Statement by UnitedHealth Group Incorporated (Broughton, Turner) |
| Filing 6 NOTICE of Appearance by Turner Anderson Broughton on behalf of Optum, Inc., OptumRx, Inc., UnitedHealth Group Incorporated (Broughton, Turner) |
| Filing 5 Positive Corporate Disclosure Statement by Express Scripts Pharmacy, Inc. identifying Corporate Parent Cigna Corporation, Corporate Parent Express Scripts Holding Company, Corporate Parent Express Scripts, Inc. for Express Scripts Pharmacy, Inc. (al) |
| Filing 4 Positive Corporate Disclosure Statement by Express Scripts, Inc. identifying Corporate Parent Cigna Corporation, Corporate Parent Express Scripts Holding Company for Express Scripts, Inc. (al) |
| Filing 3 Positive Corporate Disclosure Statement by Express Scripts Holding Company identifying Corporate Parent Cigna Corporation for Express Scripts Holding Company. (al) |
| Filing 2 Positive Corporate Disclosure Statement by ESI Mail Pharmacy Service, Inc. identifying Corporate Parent Cigna Corporation, Corporate Parent Express Scripts Holding Company, Corporate Parent Express Scripts, Inc. for ESI Mail Pharmacy Service, Inc. (al) |
| Filing 1 NOTICE OF REMOVAL from Amherst County Circuit Court, Case Number CL19-000828-00 (Filing & Administrative fee $400.00, Receipt No. 0423-3269754), filed by Express Scripts, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., ESI Mail Pharmacy Service, Inc., CVS Health Corporation, Caremark RX, L.L.C., CaremarkPCS Health, L.L.C., Caremark, L.L.C., UnitedHealth Group Incorporated, Optum, Inc., and OptumRx, Inc. (Attachments: #1 Exhibit 1 - First Wave Opioid Cases, #2 Exhibit 2 - State Court Complaint, Cover Letters, Cover Sheet, #3 Exhibit 3 - Waivers, #4 Civil Cover Sheet - with attachment listing counsel)(ca) |
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