City of Huntington, West Virginia v. AmerisourceBergen Drug Corporation et al
| 3:2017cv01362 |
| February 7, 2020 |
| US District Court for the Southern District of West Virginia |
| Huntington Office |
| Other Statutory Actions |
| 18 U.S.C. ยง 1961 Racketeering (RICO) Act |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
1530
FINDINGS OF FACT AND CONCLUSIONS OF LAW in view of the courts findings and conclusions, finding that judgment should be entered in defendants' favor; a separate judgment has been entered, pursuant to Federal Rule of Civil Procedure 58, in accord with the foregoing findings of fact and conclusions of law. Signed by Senior Judge David A. Faber on 7/4/2022. (cc: counsel of record who have registered to receive an electronic NEF) (mkw)
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Filing
1529
MEMORANDUM OPINION AND ORDER granting in part and denying in part Defendants' 1385 RENEWED MOTION to Exclude the Opinions of James E. Rafalski. Signed by Senior Judge David A. Faber on 6/27/2022. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)
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Filing
1521
MEMORANDUM OPINION AND ORDER denying Defendants' 1310 MOTION to Exclude certain Rule 30(b)(6) testimony of Thomas Prevoznik; declining to make a blanket ruling excluding all his testimony predating 2012; however, the court will carefully evaluate his testimony and reserves the right to exclude any testimony that appears to be inadmissible in context. Signed by Senior Judge David A. Faber on 2/15/2022. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)
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Filing
1458
MEMORANDUM OPINION setting forth reasoning for the ruling that charts created by Dr. Craig McCann to summarize certain datasets are admissible under Rule 1006; overruling defendants' objection and admitting the charts. Signed by Senior Judge David A. Faber on 7/9/2021. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)
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Filing
1377
MEMORANDUM OPINION AND ORDER denying Plaintiffs' 1353 MOTION in Limine toPreclude Any Reference to the DEA Approving or Endorsing a Particular Defendant's SOM Program, as more fully set forth herein. Signed by Senior Judge David A. Faber on 5/26/2021. (cc: counsel of record who have registered to receive an electronic NEF) (hkl)
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Filing
1360
MEMORANDUM OPINION AND ORDER denying 1331 MOTION by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation in Limine to Preclude Irrelevant Evidence of First Amendment Immunized Speech and Association Conduct. Signed by Senior Judge David A. Faber on 5/18/2021. (cc: counsel of record who have registered to receive an electronic NEF) (mkw)
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Filing
1297
MEMORANDUM OPINION AND ORDER denying Defendants' 1067 MOTION in Limine, as more fully set forth herein. Signed by Senior Judge David A. Faber on 4/29/2021. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)
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Filing
1288
MEMORANDUM OPINION AND ORDER granting McKesson Corporation's 1045 MOTION in Limine to Exclude Evidence Regarding a Former Employee's Plea. Signed by Senior Judge David A. Faber on 4/26/2021. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)
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Filing
1284
MEMORANDUM OPINION AND ORDER denying without prejudice Defendants' 1052 MOTION to Exclude the opinions of James E. Rafalski and denying Defendants' 1140 MOTION to Strike the errata sheet of James Rafalski. Signed by Senior Judge David A. Faber on 4/23/2021. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)
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Filing
1283
MEMORANDUM OPINION AND ORDER denying Plaintiffs' 1211 SEALED MOTION to Compel Defendant Cardinal Health to provide the complete basis for refusing to stipulate to the accuracy of Plaintiffs' F.R.E. 1006 summary of Cardinal's distributions of oxycodone and hydrocodone to dispensers in each state. Signed by Senior Judge David A. Faber on 4/22/2021. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)
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Filing
1281
MEMORANDUM OPINION AND ORDER denying Plaintiffs' 1006 MOTION in Limine to exclude references to payments received from collateral sources, as more fully set forth herein. Signed by Senior Judge David A. Faber on 4/20/2021. (cc: counsel of record who have registered to receive an electronic NEF) (mkw)
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Filing
1278
MEMORANDUM OPINION AND ORDER setting aside the following dates for trial, as more fully set forth herein; there is no need to make the trial proceedings available electronically and the court will not do so, as overflow space within the courthouse wi ll be provided; to the extent the court's 1199 Order of 1/12/2021 provides otherwise, it is VACATED; electronic access for the final pretrial conference currently scheduled for 4/29/2021 at 11:00 a.m. will remain available. Signed by Senior Judge David A. Faber on 4/16/2021. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)
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Filing
1269
MEMORANDUM OPINION AND ORDER granting Defendants' 1047 DAUBERT MOTION to Exclude the Opinions of James Geldhof. Signed by Senior Judge David A. Faber on 4/15/2021. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)
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Filing
1266
MEMORANDUM OPINION AND ORDER denying without prejudice Plaintiffs' 1066 MOTION in limine for an order ruling IQVIA data admissible; granting Plaintiffs' 1204 MOTION for Leave to File a sur-reply to the motion. Signed by Senior Judge David A. Faber on 4/12/2021. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)
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Filing
1262
MEMORANDUM OPINION AND ORDER granting Defendants' 1043 MOTION to Exclude Expert Testimony Regarding Defendants' Corporate Conduct, insofar as Defendants' motion seeks a ruling confirming the ground rules that will govern the admission of expert testimony at trial. Signed by Senior Judge David A. Faber on 4/8/2021. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)
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Filing
1248
MEMORANDUM OPINION AND ORDER denying 238 MOTION by Cardinal Health, Inc., McKesson Corporation, AmerisourceBergen Drug Corporation for Summary Judgment: Standing. Signed by Senior Judge David A. Faber on 3/31/2021. (cc: counsel of record who have registered to receive an electronic NEF) (mkw)
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Filing
1236
MEMORANDUM OPINION AND ORDER denying Plaintiffs' 1008 Motion for Partial Summary Judgment. Signed by Senior Judge David A. Faber on 3/15/2021. (cc: counsel of record who have registered to receive an electronic NEF) (hkl)
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Filing
1234
MEMORANDUM OPINION AND ORDER denying Defendants' 1051 SEALED MOTION to exclude Dr. Rahul Gupta; Defendants' 1055 MOTION to Exclude Undisclosed Expert Testimony from Non-Retained Expert Witnesses is GRANTED as to Christina Mullins, Dr. M ichael Kilkenny, Dr. Kevin Yingling, Dr. Todd Davies, Dr. David Chaffin, Dr. Lynn OConnell, and Dr. Stephen Petrany and DENIED as to Dr. Gupta. Signed by Senior Judge David A. Faber on 3/11/2021. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)
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Filing
1199
MEMORANDUM OPINION AND ORDER pursuant to the 12/3/2020 1188 Order granting defendants' 1181 MOTION to continue the trial in this matter that was scheduled to begin on 1/4/2021; trial of this matter is hereby SCHEDULED for 5/3/2021; the bench trial and the pretrial conference will be conducted in accordance with accepted safety protocols, as more fully set forth herein; trial proceedings will be made available electronically so that the respective trial teams, members of the public, memb ers of the press, and other interested parties can observe the proceedings by utilizing the technology described herein. Signed by Senior Judge David A. Faber on 1/12/2021. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)
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Filing
1170
MEMORANDUM OPINION AND ORDER regarding the granting of defendants' 1093 MOTION to continue the trial in this matter; scheduling a final Pretrial Conference for 12/8/2020 at 11:00 AM in Charleston before Senior Judge David A. Faber. Signed by Senior Judge David A. Faber on 11/19/2020. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)
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Filing
991
MEMORANDUM OPINION AND ORDER directing that the parties have until 9/22/2020 to lodge any objection or otherwise respond to the possible appointment of Judge Wilkes as a special master as outlined herein. Signed by Senior Judge David A. Faber on 9/18/2020. (cc: counsel of record who have registered to receive an electronic NEF; Special Master Wilkes) (jsa)
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Filing
858
MEMORANDUM OPINION AND ORDER granting Plaintiffs' 137 MOTION for a Non-Jury Trial. Signed by Senior Judge David A. Faber on 8/12/2020. (cc: counsel of record; any unrepresented party) (slr)
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Filing
849
MEMORANDUM OPINION AND ORDER directing that Defendants' objection to 659 Discovery Ruling 9 is OVERRULED as more fully set forth herein; denying Defendants' 423 motion to compel discovery responses on opioid-related expenditures as more fully set forth herein. Signed by Senior Judge David A. Faber on 8/10/2020. (cc: counsel of record; interested parties) (hkl)
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Filing
832
MEMORANDUM OPINION AND ORDER directing that the DEA's 502 , 571 objections to 474 Discovery Ruling 5 and 519 Discovery Ruling 6 are SUSTAINED as more fully set forth herein; Insofar as the parties' 320 , 385 motions to compel were granted in those rulings, those motions are hereby DENIED. Signed by Senior Judge David A. Faber on 8/5/2020. (cc: counsel of record; interested parties) (hkl)
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Filing
639
DISCOVERY RULING 11: ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL DEPOSITION OF STEVEN H. COLLIS (AMERSOURCEBERGEN) granting the 517 MOTION to Compel the deposition of Mr. Collis as further defined herein; denying the 609 MOTION by Amerisourc eBergen Drug Corporation to Strike Plaintiffs' 606 Reply Memorandum; granting the 609 MOTION by AmerisourceBergen Drug Corporation For Leave to File a Sur-reply; directing that AmerisourceBergen Drug Corporation shall produce Steven H. Collis for deposition within thirty (30) days of entry of this Order on a date and location mutually agreed upon by the parties. Signed by Special Master Christopher C. Wilkes on 6/28/2020. (cc: counsel of record; any unrepresented party) (jsa)
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Filing
549
DISCOVERY RULING NO. 3A finding that Sean Hammers' 417 Declaration, previously submitted in connection with 366 Discovery Ruling No. 3, fully satisfies the discovery obligations of Plaintiffs and the Cabell County Prosecutor's Office un der DR3 and the CCPO shall not be required to conduct any further search of records as requested by Defendants in regard to this issue. Signed by Special Master Christopher C. Wilkes on 6/10/2020. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing
474
DISCOVERY RULING NO. 5 granting in part and denying in part Defendants' 320 MOTION to Compel Discovery From the U.S. Drug Enforcement Agency. Signed by Special Master Christopher C. Wilkes on 5/27/2020. (cc: counsel of record; any unrepresented parties) (jsa)
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Filing
410
MEMORANDUM OPINION AND ORDER granting in part the 347 MOTION by AmerisourceBergen Drug Corporation to Extend Court Deadlines; directing that the deadlines in this case are amended as follows: Written/Document Discovery is to be completed by 6/12/20 20; no later than 5/15/2020, the parties should file any necessary motions to ensure that outstanding discovery disputes, including those involving third parties, may be decided prior to the 6/12/2020 deadline; Fact Witness Depositions are to be comp leted by 7/27/2020; Plaintiffs' Expert Reports are due by 8/3/2020, and Defendants' Expert Reports are due by 8/13/2020. Expert Witness Depositions are to be completed by 9/15/2020. Daubert Motions are to be filed no later than 9/22/2020, w ith responses due no later than 9/29/2020; replies, if any, must be filed no later than 10/5/2020. Motions in Limine to be filed by 9/22/2020, with responses due by 9/29/2020. Motions for Summary Judgment and other Dispositive Motions due by 9/22/202 0; any response shall be filed by 9/29/2020, with replies due by 10/5/2020. Trial set for 10/19/2020 at 9:30 AM in Charleston before Judge David A. Faber; defendants will begin their case on 1/4/2021. Pretrial hearing set for 10/14/2020 at 10:00 AM in Charleston before Judge David A. Faber. Signed by Judge David A. Faber on 5/11/2020. (cc: counsel of record; Special Master Wilkes) (jsa)
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Filing
155
MEMORANDUM OPINION AND ORDER directing cases 3:17-cv-01362 and 3:17-cv-01665 CONSOLIDATED; Civil Action No. 3:17-01362 is hereby designated as the lead case. Signed by Judge David A. Faber on 2/7/2020. (cc: counsel of record) (jsa)
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