Botetourt County, Virginia v. Mallinckrodt PLC et al
| Botetourt 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., Express Scripts, Inc, Walgreens Boots Alliance, Inc., Eckerd Corporation, Actavis, LLC, Endo Health Solutions, Inc, ESI Mail Pharmacy Service, Inc., Watson Laboratories, Inc., Rite Aid of Maryland, 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, Russell Gasdia, Mylan Pharmaceuticals, Inc., Rite Aid of Virginia, Inc., Specgx LLC, Walgreen Co., David Sackler, Express Scripts Pharmacy, Inc., WalMart Inc., Unitedhealth Group Incorporated, CVS Pharmacy, Inc., Kathe Sackler and General Injectables & Vaccines, Inc. |
| 7:2019cv00759 |
| November 13, 2019 |
| US District Court for the Western District of Virginia |
| Elizabeth K Dillon |
| P.I.: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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This docket was last retrieved on February 11, 2020. A more recent docket listing may be available from PACER.
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| Filing 50 Case transferred from Virginia Western has been opened in Northern District of Ohio as case 1:20-op-45064, filed 02/11/2020. (ck) |
| Filing 49 Notice of MDL Transfer Order from Northern District of Ohio; MDL No. 2804 (ck) |
Filing 48
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 47 NOTICE of Voluntary Dismissal by Botetourt County, Virginia (Conrod, Richard) |
| Filing 46 Brief / Memorandum in Opposition re #40 MOTION Conditional Motion for Order Implementing Automatic Stay Under Fed. Rule of Civil Procedure 62(a) . filed by Botetourt County, Virginia. (Conrod, Richard) |
| Filing 45 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 44 REPLY to Response to Motion re #29 MOTION to Remand to State Court and Incorporated Memorandum in Support . filed by Botetourt County, Virginia. (Conrod, Richard) |
| Filing 43 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 Botetourt County, Virginia. (Conrod, Richard) |
| Filing 42 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 Botetourt County, Virginia. (Attachments: #1 Exhibit A)(Conrod, Richard) |
| Filing 41 Brief / Memorandum in Support re #40 MOTION Conditional Motion for Order Implementing Automatic Stay Under Fed. 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 40 MOTION Conditional Motion for Order Implementing Automatic Stay Under Fed. 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 39 BRIEF/MEMORANDUM IN SUPPORT OF EXPRESS SCRIPTS OPPOSITION TO MOTION TO REMAND re #29 MOTION to Remand to State Court and Incorporated Memorandum in Support - Express Scripts Opposition to Motion to Remand. 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 - Botetourt Cahil Statement, #4 Exhibit 4 - Statement of Work (DOD Contract), #5 Exhibit 5 - List of Opioid Cases, #6 Text of Proposed Order)(Scott, Emily) Modified on 1/13/2020 to correct docket text at attorneys request (ck). |
| Filing 38 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 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., CaremarkPCS, L.L.C., Virginia CVS Pharmacy, L.L.C.. (Attachments: #1 Exhibit 1 (Second Wave Transfer Orders))(Coburn, Samuel) |
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Filing 37
ORDER granting #31 Motion Setting Briefing Schedule. Signed by Judge Elizabeth K. Dillon on 12/19/2019. (ck)
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| Filing 36 Paper State Court Records received from Botetourt County Circuit Court, CL19-538, (Paper records available for viewing in the Clerk's Office.) (ck) |
| 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 Botetourt County, Virginia. (Conrod, Richard) |
| Filing 29 MOTION to Remand to State Court and Incorporated Memorandum in Support by Botetourt 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) |
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Filing 27
ORDER granting #26 Motion for an Order Memorializing Parties' Agreement Regarding Time to Answer, Move, or Otherwise Respond to Complaint. Signed by Judge Elizabeth K. Dillon on 11/20/2019. (ck)
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| Filing 26 Joint MOTION for an Order Memorializing Parties' Agreement Regarding Time to Answer, Move, or Otherwise Respond to Complaint by Mallinckrodt LLC, Specgx LLC. (Attachments: #1 Text of Proposed Order)(Miller, Sarah) |
| Filing 25 NOTICE by 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., CaremarkPCS, L.L.C., Virginia CVS Pharmacy, L.L.C. [ SUPPLEMENTAL NOTICE OF REMOVAL ] (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Coburn, Samuel) |
| Filing 24 NOTICE of Change of Address by Richard Johan Conrod, Jr (Conrod, Richard) |
| Filing 23 NOTICE of Appearance by Rebecca Cheryl Mandel on behalf of Mylan Institutional Inc., Mylan Pharmaceuticals, Inc. (Mandel, Rebecca) |
| Filing 22 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 21 NOTICE of Appearance by Jon Myer Talotta on behalf of Mylan Institutional Inc., Mylan Pharmaceuticals, Inc. (Talotta, Jon) |
| Filing 20 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 19 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 18 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 17 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 16 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 15 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 14 Positive Corporate Disclosure Statement by CVS Pharmacy, Inc. identifying Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc.. (Coburn, Samuel) |
| Filing 13 Positive Corporate Disclosure Statement by CVS Health Corporation (Coburn, Samuel) |
| Filing 12 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., CaremarkPCS, L.L.C., Virginia CVS Pharmacy, L.L.C. (Coburn, Samuel) |
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Filing 11
Order Requesting Transmittal of Case File from Botetourt County Circuit Court. Signed by Judge Elizabeth K. Dillon on 11/15/2019. (ck)
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| Filing 10 Positive Corporate Disclosure Statement by Optum, Inc. identifying Corporate parent United HealthCare Services, Inc. and United Health Group Incorporated (Broughton, Turner) Modified on 11/18/2019 to add corporate parents (ck). |
| Filing 9 Positive Corporate Disclosure Statement by OptumRx, Inc. identifying Corporate Parent OptumRX Holdings, LLC and UnitedHealth Group Incorporated. (Broughton, Turner) Modified on 11/18/2019 to add parent corporations (ck). |
| Filing 8 Negative Corporate Disclosure Statement by Unitedhealth Group Incorporated (Broughton, Turner) Modified on 11/18/2019 to correct docket text (ck). |
| Filing 7 NOTICE of Appearance by Turner Anderson Broughton on behalf of Optum, Inc., OptumRx, Inc., Unitedhealth Group Incorporated (Broughton, Turner) |
| Filing 6 Magistrate Consent Notice to Parties. (ck) |
| Filing 5 Positive Corporate Disclosure Statement by Express Scripts Holding Company identifying Corporate Parent Cigna Corporation for Express Scripts Holding Company. (ck) |
| Filing 4 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.. (ck) |
| Filing 3 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.. (ck) |
| Filing 2 Positive Corporate Disclosure Statement by Express Scripts, Inc identifying Corporate Parent Cigna Corporation, Corporate Parent Express Scripts Holding Company for Express Scripts, Inc. (ck) |
| Filing 1 NOTICE OF REMOVAL from Botetourt County Circuit Court, case number CL19-538. (Filing & Administrative fee $ 400, receipt #0423-3269746), filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts, Inc, Express Scripts Pharmacy, Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1-List of Opiod Cases, #3 Exhibit 2-State Court Records, #4 Exhibit 3-State Court Waivers of Service)(ck) |
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