Dayton v. Purdue Pharma LP et al
Consolidated
Lead case: 1:17-md-02804
Lead case: 1:17-md-02804
| Ohio Northern District Court | |
| Judge: | Dan Aaron Polster |
| Case #: | 1:17-op-45032 |
| Nature of Suit | 245 Real Property - Tort Product Liability |
| Cause | 28:1441 Petition for Removal |
| Case Filed: | Dec 12, 2017 |
| Case in other court: | Ohio Southern, 3:17-cv-00229 |
| Last checked: Friday Nov 08, 2019 4:43 PM EST |
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Defendant
Rhodes Pharmaceuticals L.P.
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Defendant
John N. Kapoor
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Defendant
Jonathan D. Sackler
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Defendant
Kathe A. Sackler
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Defendant
Mallinckrodt LLC
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Defendant
Mallinckrodt PLC
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Defendant
Miami-Luken, Inc.
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Defendant
Mortimer D.A. Sackler
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Defendant
Mylan Pharmaceuticals, Inc.
781 Chestnut Ridge Road
Morgantown, WV 26505 |
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Defendant
Mylan Pharms, Inc.
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Defendant
Mylan Specialty, L.P.
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Defendant
Noramco, Inc.
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Defendant
Par Pharmaceutical Companies, Inc.
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Defendant
Par Pharmaceutical, Inc.
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Defendant
RHODES TECHNOLOGIES
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Defendant
Rhodes Pharmaceuticals Inc.
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Defendant
Insys Therapeutics, Inc.
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Defendant
Rhodes Technologies Inc.
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Defendant
Richard S. Sackler
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Defendant
Rite Aid Corp.
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Defendant
Rite Aid of Maryland, Inc.
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Defendant
SpecGX LLC
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Defendant
Stuart D. Baker
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Defendant
The Kroger Co.
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Defendant
The P.F. Laboratories, Inc.
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Defendant
Theresa Sackler
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Defendant
Trust for the Benefit of Members of the Raymond Sackler Family
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Defendant
Wal-Mart Inc.
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Defendant
Walgreen Co.
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Defendant
Walgreen Eastern Co.
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Defendant
Walgreens Boots Alliance, Inc.
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Defendant
west-ward pharmaceuticals corp. k/n/a hikma pharmaceuticals, inc.
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Defendant
McKesson Corporation
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Represented By
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Defendant
Actavis Inc
874 Walker Road, Suite C
Dover, DE 19904 |
Represented By
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Defendant
Actavis LLC
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Defendant
Actavis Pharma, Inc.
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Defendant
Allergan PLC
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Defendant
Amerisourcebergen Corporation
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Defendant
Cardinal Health Inc.
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Defendant
Cephalon, Inc.
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Defendant
Endo Health Solutions Inc.
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Defendant
Endo Pharmaceuticals Inc.
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Defendant
Perry Fine
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Defendant
Scott Fishman
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Defendant
Janssen Pharmaceutica Inc.
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Defendant
Janssen Pharmaceuticals Inc.
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Defendant
Johnson & Johnson
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Defendant
Ortho-McNeil Janssen Pharmaceuticals, Inc.
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Defendant
Purdue Frederick Company, Inc.
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Defendant
Purdue Pharma Inc.
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Defendant
Purdue Pharma L.P.
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Represented By
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Defendant
Teva Pharmaceuticals USA, Inc.
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Represented By
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Defendant
Watson Laboratories Inc.
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Defendant
Lynn Webster
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Defendant
Anda, Inc.
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Defendant
Beverly Sackler
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Defendant
CVS Health Corporation
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Defendant
David A. Sackler
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Defendant
H.D. Smith
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Defendant
Ilene Sackler Lefcourt
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Plaintiff
City Of Dayton
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| TERMINATED PARTIES | |
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Defendant
Russell Portenoy
Terminated: 03/20/2018
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| Docket last updated: 04/08/2019 5:18 PM EDT |
| Friday, July 07, 2017 | ||
| 1 | 1
NOTICE OF REMOVAL from Montgomery County Court of Common Pleas, case number 2017 CV 02647 ( Filing fee $ 400 paid - receipt number: 0648-6030386), filed by Endo Pharmaceuticals, Inc.. (Fanter, G.) [Transferred from ohsd on 12/13/2017.]
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Att: 1
Civil Cover Sheet,
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Att: 2
Supplemental Civil Cover Sheet,
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Att: 3
Exhibit Exhibit 1,
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Att: 4
Exhibit Exhibit 2,
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Att: 5
Exhibit Exhibit 3,
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Att: 6
Exhibit Exhibit 4
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| 2 | 2
Corporate Disclosure Statement by Defendants Endo Pharmaceuticals, Inc., Endo Health Solutions Inc. identifying Other Affiliate Endo Health Solutions Inc. for Endo Pharmaceuticals, Inc... (Fanter, G.) [Transferred from ohsd on 12/13/2017.]
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| Monday, July 10, 2017 | ||
| If case is to be referred it will be Magistrate Judge Michael R. Merz. (kma) [Transferred from ohsd on 12/13/2017.] | ||
| 3 | 3
236
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( Copy of)COMPLAINT with JURY DEMAND against All Defendants. ( Originally filed in the Montgomery County Court of Common Pleas on June 5, 2017, under case number 2017 CV 02647. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (kma) [Transferred from ohsd on 12/13/2017.] (Entered: 07/10/2017)
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| Wednesday, July 12, 2017 | ||
| 4 | 4
Unopposed MOTION for Extension of Time to File Answer re3 Complaint, New date requested 9/5/2017. by Defendant Russell Portenoy. (Rauch, Jordan) [Transferred from ohsd on 12/13/2017.]
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Att: 1
Text of Proposed Order
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| 5 | 5
MOTION of Defendant McKesson that it not be Required to Respond to Complaint in this Court by Defendant McKesson Corporation. (Holzhall, Vincent) [Transferred from ohsd on 12/13/2017.]
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Att: 1
Exhibit 1 - Montgomery County Order
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| Friday, July 14, 2017 | ||
| 6 | 6
Unopposed MOTION for Extension of Time to File Answer New date requested 9/8/2017. by Defendants Perry Fine, Scott Fishman, Lynn Webster. (Brunton, Gregory) [Transferred from ohsd on 12/13/2017.]
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Att: 1
Text of Proposed Order Proposed Order
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| Monday, July 17, 2017 | ||
| NOTATION ORDER granting4 Motion for Extension of Time to Answer Russell Portenoy answer due 9/5/2017. Signed by Judge Thomas M. Rose on 7 17-2017 (de) [Transferred from ohsd on 12/13/2017.] | ||
| NOTATION ORDER granting6 Motion for Extension of Time to Answer Perry Fine answer due 9/8/2017; Scott Fishman answer due 9/8/2017; Lynn Webster answer due 9/8/2017. Signed by Judge Thomas M. Rose on 7 17-2017 (de) [Transferred from ohsd on 12/13/2017.] | ||
| NOTATION ORDER granting5 Motion -McKesson Corp. is granted until 9/8/2017 to answer or otherwise respond to Complaint. Signed by Judge Thomas M. Rose on 7 17-2017 (de) [Transferred from ohsd on 12/13/2017.] | ||
| Wednesday, July 19, 2017 | ||
| NOTATION ORDER granting7 Unopposed Motion. Signed by Judge Thomas M. Rose on 7 19-2017 (de) [Transferred from ohsd on 12/13/2017.] | ||
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Unopposed MOTION that Cardinal Health, Inc. not be Required to Respond to Complaint in this Court by Defendant Cardinal Health, Inc.. (Murray, Joseph) [Transferred from ohsd on 12/13/2017.]
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| Thursday, July 20, 2017 | ||
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Unopposed MOTION that McKesson Corporation not be Required to Respond to Complaint in this Court by Defendant McKesson Corporation. (Holzhall, Vincent) [Transferred from ohsd on 12/13/2017.]
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| Monday, July 24, 2017 | ||
| NOTATION ORDER granting8 Motion. Signed by Judge Thomas M. Rose on 7 24-2017 (de) [Transferred from ohsd on 12/13/2017.] | ||
| Friday, August 04, 2017 | ||
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Unopposed MOTION to Stay the Date By Which to Respond to Plaintiff's Complaint and For an Extension of Time Pending Final Determination of Removal by Defendant Endo Health Solutions Inc.. (Coleman, Tera) [Transferred from ohsd on 12/13/2017.]
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Att: 1
Proposed Order
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| Monday, August 07, 2017 | ||
| 10 | 10
MOTION to Remand to State Court by Plaintiff City Of Dayton. (Climaco, John) [Transferred from ohsd on 12/13/2017.]
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| Thursday, August 10, 2017 | ||
| 11 | 11
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6076592) of Ingo W. Sprie, Jr. by Defendant Endo Health Solutions Inc.. (Coleman, Tera) [Transferred from ohsd on 12/13/2017.]
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Att: 1
NY Certificate of Good Standing
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| Monday, August 14, 2017 | ||
| NOTATION ORDER granting11 Motion for Leave to Appear Pro Hac Vice of Ingo Sprie, Jr. Signed by Magistrate Judge Michael J. Newman on 8/14/2017. (pb) [Transferred from ohsd on 12/13/2017.] | ||
| Wednesday, August 16, 2017 | ||
| 12 | 12
NOTICE of Appearance by Daniel J Hyzak for Defendants Perry Fine, Scott Fishman, Lynn Webster (Hyzak, Daniel) [Transferred from ohsd on 12/13/2017.]
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NOTICE of Appearance by Bruce A. Moore for Defendants Perry Fine, Scott Fishman, Lynn Webster (Moore, Bruce) [Transferred from ohsd on 12/13/2017.]
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| Tuesday, August 22, 2017 | ||
| 14 | 14
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6091461) of Charles C. Lifland by Defendants Janssen Pharmaceutica, Inc, Janssen Pharmaceuticals, Inc., Johnson & Johnson, Ortho-McNeil Janssen Pharmaceuticals, Inc.. (Lewis, John) [Transferred from ohsd on 12/13/2017.]
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Att: 1
Exhibit A, Certificate of Good Standing,
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Att: 2
Exhibit B, Proposed Order
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| Wednesday, August 23, 2017 | ||
| NOTATION ORDER granting14 Motion for Leave to Appear Pro Hac Vice of Charles Lifland. Signed by Judge Thomas M. Rose on 8/23/17. (pb) [Transferred from ohsd on 12/13/2017.] | ||
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Corporate Disclosure Statement by Defendants Janssen Pharmaceutica, Inc, Janssen Pharmaceuticals, Inc., Johnson & Johnson, Ortho-McNeil Janssen Pharmaceuticals, Inc., Johnson & Johnson, Johnson & Johnson, Johnson & Johnson, Johnson & Johnson identifying Corporate Parent Johnson & Johnson for Janssen Pharmaceutica, Inc, Janssen Pharmaceuticals, Inc., Johnson & Johnson, Ortho-McNeil Janssen Pharmaceuticals, Inc... (Lewis, John) [Transferred from ohsd on 12/13/2017.]
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Unopposed MOTION to Stay re3 Complaint,1 Notice of Removal, the Date by Which to Respond to Complaint and for Extension of Time Pending Final Determination of Removal by Defendants Perry Fine, Scott Fishman, Lynn Webster. (Hyzak, Daniel) [Transferred from ohsd on 12/13/2017.]
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| Thursday, August 24, 2017 | ||
| NOTATION ORDER granting16 Motion to Stay; granting9 Motion to Stay. Signed by Judge Thomas M. Rose on 8 24-2017 (de) [Transferred from ohsd on 12/13/2017.] | ||
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Unopposed MOTION Stay Date to Respond to Complaint and for Extension of Time Pending Final Determination of Removal by Defendant Russell Portenoy. (Scheaf, O) [Transferred from ohsd on 12/13/2017.]
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Att: 1
Text of Proposed Order
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| Monday, August 28, 2017 | ||
| NOTATION ORDER granting18 Motion for Leave to Appear Pro Hac Vice of Tinos Diamantatos ; granting19 Motion for Leave to Appear Pro Hac Vice of Steven Reed. Signed by Judge Thomas M. Rose on 8/28/17. (pb) [Transferred from ohsd on 12/13/2017.] | ||
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MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6098010) of Tinos Diamantatos by Defendants Cephalon, Inc., Teva Pharmaceuticals USA, Inc.. (Yanchar, Georgia) [Transferred from ohsd on 12/13/2017.]
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Att: 1
Exhibit A - Certificate of Good Standing
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| 19 | 19
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6098045) of Steven A. Reed by Defendants Cephalon, Inc., Teva Pharmaceuticals USA, Inc.. (Yanchar, Georgia) [Transferred from ohsd on 12/13/2017.]
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Att: 1
Exhibit A - Certificate of Good Standing
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| 20 | 20
ORDER - The17 Unopposed Motion of Dr. Russell Portenoy to Stay the Date by Which to Respond to Plaintiff's Complaint and For an Extension of Time Pending Final Determination of Removal is GRANTED; it is further ORDERED that the date by which Dr. Russell Portenoy shall answer, move, or otherwise respond to Plaintiff's Complaint is hereby stayed pending a final determination of removal; and it is further ORDERED that Dr. Russell Portenoy shall have seventy-five (75) days after the final determination of removal by which to answer, move, or otherwise respond to Plaintiff's Complaint. Signed by Judge Thomas M. Rose on 8 28-2017 (de) [Transferred from ohsd on 12/13/2017.]
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| 21 | 21
RESPONSE in Opposition re10 MOTION to Remand to State Court filed by Defendants Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.. (Coleman, Tera) [Transferred from ohsd on 12/13/2017.]
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| Tuesday, September 12, 2017 | ||
| 22 | 22
NOTICE of Appearance by Tyler Tarney for Defendants Perry Fine, Scott Fishman, Lynn Webster (Tarney, Tyler) [Transferred from ohsd on 12/13/2017.]
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| Wednesday, September 13, 2017 | ||
| 23 | 23
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6119738) of Patrick Fitzgerald by Defendants Purdue Pharma Inc, Purdue Pharma LP, The Purdue Frederick Company, Inc.. (Buckley, Daniel) [Transferred from ohsd on 12/13/2017.]
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Att: 1
Exhibit A - Certificate of Good Standing,
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Att: 2
Text of Proposed Order
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| 24 | 24
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6119779) of R. Ryan Stoll by Defendants Purdue Pharma Inc, Purdue Pharma LP, The Purdue Frederick Company, Inc.. (Buckley, Daniel) [Transferred from ohsd on 12/13/2017.]
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Att: 1
Exhibit A - Certificate of Good Standing,
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Att: 2
Text of Proposed Order
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| 25 | 25
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $600 paid, receipt number 0648-6120245) of Paul J. Napoli, Joseph L. Ciaccio, Salvatore C. Badala by Plaintiff City Of Dayton. (Climaco, John) [Transferred from ohsd on 12/13/2017.]
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Att: 1
Exhibit 1- Napoli Certificate of Good Standing,
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Att: 2
Exhibit 2- Ciaccio Certificate of Good Standing,
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Att: 3
Exhibit 3- Badala Certificate of Good Standing
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| Thursday, September 14, 2017 | ||
| NOTATION ORDER granting23 Motion for Leave to Appear Pro Hac Vice of Patrick Fitzgerald; granting24 Motion for Leave to Appear Pro Hac Vice of R.Ryan Stoll; granting25 Motion for Leave to Appear Pro Hac Vice of Paul J. NapoliJoseph L. Ciaccio, and Salvatore C. Badala. Signed by Judge Thomas M. Rose on 9/14/2017. (pb) [Transferred from ohsd on 12/13/2017.] | ||
| Tuesday, September 19, 2017 | ||
| 26 | 26
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6128903) of Sean O. Morris by Defendants Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.. [Transferred from ohsd on 12/13/2017.]
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Att: 1
CA Certificate of Good Standing
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| Wednesday, September 20, 2017 | ||
| NOTATION ORDER granting26 Motion for Leave to Appear Pro Hac Vice of Sean O. Morris. Signed by Judge Thomas M. Rose on 9/20/17. (pb) [Transferred from ohsd on 12/13/2017.] | ||
| Friday, September 22, 2017 | ||
| 27 | 27
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6134389) of Donna M. Welch by Defendant Actavis, Inc.. (Mitchell, John) [Transferred from ohsd on 12/13/2017.]
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| 28 | 28
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6134406) of Jennifer G. Levy by Defendant Actavis, Inc.. (Mitchell, John) [Transferred from ohsd on 12/13/2017.]
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| 29 | 29
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6134413) of Martin L. Roth by Defendant Actavis, Inc.. (Mitchell, John) [Transferred from ohsd on 12/13/2017.]
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| 30 | 30
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 0648-6134422) of Timothy W. Knapp by Defendant Actavis, Inc.. (Mitchell, John) [Transferred from ohsd on 12/13/2017.]
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| 31 | 31
Corporate Disclosure Statement by Defendants Actavis, Inc., Allergan PLC identifying Corporate Parent Allergan PLC for Actavis, Inc... (Mitchell, John) [Transferred from ohsd on 12/13/2017.]
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| 32 | 32
NOTICE of Appearance by Stacey A Greenwell for Defendant Actavis, Inc. (Greenwell, Stacey) [Transferred from ohsd on 12/13/2017.]
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| Tuesday, September 26, 2017 | ||
| ORDER granting27 Motion for Leave to Appear Pro Hac Vice of Donna M. Welch. Signed by Judge Thomas M. Rose on 9/26/17. (jmb) [Transferred from ohsd on 12/13/2017.] | ||
| ORDER granting28 Motion for Leave to Appear Pro Hac Vice of Jennifer G. Levy. Signed by Judge Thomas M. Rose on 9/26/2017. (jmb) [Transferred from ohsd on 12/13/2017.] | ||
| ORDER granting30 Motion for Leave to Appear Pro Hac Vice of Timothy W. Knapp. Signed by Judge Thomas M. Rose on 9/26/2017. (jmb) [Transferred from ohsd on 12/13/2017.] | ||
| ORDER granting29 Motion for Leave to Appear Pro Hac Vice of Martin L. Roth. Signed by Judge Thomas M. Rose on 09/26/2017. (jmb) [Transferred from ohsd on 12/13/2017.] | ||
| Friday, September 29, 2017 | ||
| 33 | 33
NOTICE of Appearance by Albert J Lucas for Defendants Cephalon, Inc., Teva Pharmaceuticals USA, Inc. (Lucas, Albert) [Transferred from ohsd on 12/13/2017.]
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| Tuesday, October 10, 2017 | ||
| 34 | 34
NOTICE of Appearance by Andrea B Daloia for Defendant Actavis, Inc. (Daloia, Andrea) [Transferred from ohsd on 12/13/2017.]
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| Wednesday, October 11, 2017 | ||
| 35 | 35
Unopposed MOTION to Stay Date by which to Respond to Plaintiff's Complaint by Defendant Actavis, Inc.. (Greenwell, Stacey) [Transferred from ohsd on 12/13/2017.]
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Att: 1
Text of Proposed Order
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| 36 | 36
NOTICE by Defendants Endo Health Solutions Inc., Endo Pharmaceuticals, Inc. re10 MOTION to Remand to State Court Notice of Recent Development [Transferred from ohsd on 12/13/2017.]
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Att: 1
Exhibit Combined MDL Motion In re National Prescription Opiate Litigation
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| Friday, October 13, 2017 | ||
| 37 | 37
ORDER granting35 Motion -It is ORDERED that the Unopposed Motion of Defendant Allergan Finance LLC to Stay Date by Which to Respond to Plaintiff's Complaint is GRANTED; it is further ORDERED that the date by which Defendant Allergan Finance LLC f/k/a Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc. (Allergan Finance) shall answer, move, plead, or otherwise respond to Plaintiff's Complaint is hereby stayed pending a final determination of removal; and it is further ORDERED that Allergan Finance shall have sixty (60) days after the date of the final determination of removal by which to answer, move, plead, or otherwise respond to Plaintiff's Complaint. Signed by Judge Thomas M. Rose on 10 13-2017 (de) [Transferred from ohsd on 12/13/2017.]
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| Tuesday, October 17, 2017 | ||
| 38 | 38
NOTICE by Defendants Actavis, Inc., Allergan PLC /Consent to Notice of Removal (Daloia, Andrea) [Transferred from ohsd on 12/13/2017.]
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| 39 | 39
Corporate Disclosure Statement by Defendant Allergan PLC. (Daloia, Andrea) [Transferred from ohsd on 12/13/2017.]
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| Thursday, October 26, 2017 | ||
| 40 | 40
NOTICE by Plaintiff City Of Dayton re10 MOTION to Remand to State Court Notice of Supplemental Authority in Further Support of Plaintiff's Motion to Remand (Badala, Salvatore) [Transferred from ohsd on 12/13/2017.]
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Att: 1
Exhibit Staubus v. Purdue Pharma, L.P., 2:17-cv-122 (E.D. Tenn. Oct. 20, 2017)
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| Friday, November 10, 2017 | ||
| 41 | 41
Joint MOTION to Stay Proceedings Pending Action by the Judicial Panel on Multidistrict Litigation by Defendants Actavis LLC, Actavis Pharma, Inc., Actavis, Inc., Allergan PLC, Cephalon, Inc., Endo Health Solutions Inc., Endo Pharmaceuticals, Inc., Janssen Pharmaceutica, Inc, Janssen Pharmaceuticals, Inc., Johnson & Johnson, Ortho-McNeil Janssen Pharmaceuticals, Inc., Purdue Pharma Inc, Purdue Pharma LP, Teva Pharmaceuticals USA, Inc., The Purdue Frederick Company, Inc., Watson Laboratories, Inc.. (Daloia, Andrea) [Transferred from ohsd on 12/13/2017.]
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Att: 1
Proposed Order
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| Monday, November 13, 2017 | ||
| 42 | 42
ORDER granting41 Motion to Stay pending action by the judicial panel on multidistrict litigation. Signed by Judge Thomas M. Rose on 11 13-2017 (de) [Transferred from ohsd on 12/13/2017.]
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| Tuesday, December 05, 2017 | ||
| 43 | 43
TRANSFER ORDER (MDL No. 2804) IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION - A transfer order has been filed today in this litigation. Rule 2.1 of the Rules of Procedure of the Judicial Panel on Multidistrict Litigation, states...An order to transfer or remand pursuant to 28 U.S.C. 1407 shall be effective only upon its filing with the clerk of the transferee district court. You will receive a certified copy of this order from the transferee court along with notification of the newly assigned case number(s) in that district. With the advent of electronic filing, Rule 9.1 of the Panel Rules shall be satisfied upon transmittal of the portion of the file deemed necessary and requested by the transferee court. Signed by Clerk of the Panel Jeffery N. Luthi on 12/5/2017. (er) [Transferred from ohsd on 12/13/2017.]
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| Tuesday, December 12, 2017 | ||
| Case transferred to District of Ohio Northern. Case file and docket sheet sent Electronically. (er) [Transferred from ohsd on 12/13/2017.] | ||
| 44 | 44
TRANSFER ORDER (MDL No. 2804)- IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION: All matters noted from this order pertaining to the Southern District of Ohio are transferred to the Northern District of Ohio. Signed by the Clerk of the Panel on 12/5/2017; certified by the Northern District of Ohio on 12/12/2017. (er) [Transferred from ohsd on 12/13/2017.]
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