Livinggood v. West Virginia Board of Pharmacy 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-45059 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Dec 14, 2017 |
| Case in other court: | West Virginia Southern, 2:17-cv-03369 |
| Last checked: Friday Nov 08, 2019 4:48 PM EST |
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Defendant
AmerisourceBergen Drug Corporation
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Represented By
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Defendant
Cardinal Health 110, LLC
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Represented By
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Defendant
McKesson Corporation
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Represented By
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Defendant
Miami-Luken, Inc.
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Represented By
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Defendant
West Virginia Board of Pharmacy
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Plaintiff
Mayor Vivian Livinggood
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Represented By
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| Docket last updated: 04/08/2019 6:10 PM EDT |
| Thursday, June 22, 2017 | ||
| CASE assigned to Judge David A. Faber. (klc) [Transferred from wvsd on 12/14/2017.] | ||
| 1 | 1
NOTICE OF REMOVAL by AmerisourceBergen Drug Corporation, McKesson Corporation, Miami-Luken, Inc., Cardinal Health 110, LLC with complaint and docket sheet from Circuit Court of Mingo County. Filing Fee $400.00. Receipt #0425-5795700. (mks) [Transferred from wvsd on 12/14/2017.]
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Att: 1
37 pgs
Exhibit A,
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Att: 2
State Court docket sheet,
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Att: 3
Civil Cover Sheet
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| Friday, June 23, 2017 | ||
| 2 | 2
STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Tinsley. (cc: attys; any unrepresented party) (mks) [Transferred from wvsd on 12/14/2017.]
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| Monday, June 26, 2017 | ||
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ORDER for reasons appearing to the Court, the referral of this civil action for discovery matters is transferred from the Honorable Dwane L. Tinsley, United States Magistrate Judge, to the Honorable Omar J. Aboulhosn, United States Magistrate Judge. Signed by Clerk of Court Teresa L. Deppner on 6/26/2017. (cc: Magistrate Judge Tinsley; Magistrate Judge Aboulhosn; counsel of record; any unrepresented party). (klc) [Transferred from wvsd on 12/14/2017.]
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| 4 | 4
STATEMENT OF VISITING ATTORNEY from F. Lane Heard, III on behalf of Cardinal Health 110, LLC. Local counsel: Raymond S. Franks, II. Fee $50.00. Receipt # 0425-5812590. (Franks, Raymond) [Transferred from wvsd on 12/14/2017.]
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| 5 | 5
STATEMENT OF VISITING ATTORNEY from Enu Abhilasha Mainigi on behalf of Cardinal Health 110, LLC. Local counsel: Raymond S. Franks, II. Fee $50.00. Receipt # 0425-5812596. (Franks, Raymond) [Transferred from wvsd on 12/14/2017.]
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| 6 | 6
STATEMENT OF VISITING ATTORNEY from Steven M. Pyser on behalf of Cardinal Health 110, LLC. Local counsel: Raymond S. Franks, II. Fee $50.00. Receipt # 0425-5812608. (Franks, Raymond) [Transferred from wvsd on 12/14/2017.]
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| 7 | 7
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Cardinal Health 110, LLC (Glasser, Brian) [Transferred from wvsd on 12/14/2017.]
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| 8 | 8
UNOPPOSED MOTION by AmerisourceBergen Drug Corporation, Cardinal Health 110, LLC, McKesson Corporation, Miami-Luken, Inc. for Stay Except With Regard to Remand Proceedings (Attachment: #1 Proposed Order)(Glasser, Brian) [Transferred from wvsd on 12/14/2017.]
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| 9 | 9
11
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MEMORANDUM by AmerisourceBergen Drug Corporation, Cardinal Health 110, LLC, McKesson Corporation, Miami-Luken, Inc. in support of8 UNOPPOSED MOTION by AmerisourceBergen Drug Corporation, Cardinal Health 110, LLC, McKesson Corporation, Miami-Luken, Inc. for Stay Except With Regard to Remand Proceedings (Glasser, Brian) [Transferred from wvsd on 12/14/2017.]
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| Tuesday, June 27, 2017 | ||
| 10 | 10
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant McKesson Corporation (Jessee, Russell) [Transferred from wvsd on 12/14/2017.]
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| Wednesday, June 28, 2017 | ||
| 11 | 11
ORDER: The Court GRANTS the Distributor Defendants'8 MOTION to Stay and ORDERS all deadlines and proceedings stayed until further order of this Court, except that (1) Plaintiffs are permitted to move for remand within the time allowed under 28 U.S.C. Section 1447(c); (2) Defendants are permitted 21 days to respond to any such motion; and (3) Plaintiffs are then permitted 21 days from the date of any response to file its reply. Signed by Senior Judge David A. Faber on 6/28/2017. (cc: counsel of record and unrepresented parties) (arb) [Transferred from wvsd on 12/14/2017.]
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| 12 | 12
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant AmerisourceBergen Drug Corporation (Emch, A.) [Transferred from wvsd on 12/14/2017.]
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| Thursday, June 29, 2017 | ||
| 13 | 13
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Miami-Luken, Inc. (Miller, Laurie) [Transferred from wvsd on 12/14/2017.]
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| Monday, July 24, 2017 | ||
| 14 | 14
MOTION by Vivian Livinggood to Remand Case to Circuit Court of Mingo County (Yanchunis, John) [Transferred from wvsd on 12/14/2017.]
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| 15 | 15
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MEMORANDUM by Vivian Livinggood in support of14 MOTION by Vivian Livinggood to Remand Case to Circuit Court of Mingo County (Yanchunis, John) [Transferred from wvsd on 12/14/2017.]
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| Tuesday, July 25, 2017 | ||
| NOTICE OF DOCKET CORRECTION re:17 Statement of Visiting Attorney. ERROR: Statement did not contain counsel's signature. CORRECTION: Signature added and image replaced. (kp) [Transferred from wvsd on 12/14/2017.] | ||
| 16 | 16
STATEMENT OF VISITING ATTORNEY from Meredith S. Auten on behalf of AmerisourceBergen Drug Corporation. Local counsel: Adam J. Schwendeman. Fee $50.00. Receipt # 0425-5897460. (Schwendeman, Adam) [Transferred from wvsd on 12/14/2017.]
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| 17 | 17
STATEMENT OF VISITING ATTORNEY from Eric Sitarchuk on behalf of AmerisourceBergen Drug Corporation. Local counsel: Adam J. Schwendeman. Fee $50.00. Receipt # 0425-5897478. (Schwendeman, Adam) (Modified on 7/25/2017 to remove and replace unsigned image of statement) (kp). [Transferred from wvsd on 12/14/2017.]
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| Wednesday, August 02, 2017 | ||
| 18 | 18
MOTION by Cardinal Health 110, LLC, AmerisourceBergen Drug Corporation, McKesson Corporation, and Miami-Luken, Inc. to File Combined Response to Remand Motions and to Extend Page Limit(Glasser, Brian) (Modified on 8/2/2017 to add party filers) (kp). [Transferred from wvsd on 12/14/2017.]
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Att: 1
Proposed Order,
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Att: 2
Proposed Order
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| Wednesday, August 09, 2017 | ||
| 19 | 19
UNOPPOSED MOTION by AmerisourceBergen Drug Corporation, Cardinal Health 110, LLC, McKesson Corporation, Miami-Luken, Inc. for Enlargement of Time to Respond to Remand Motions to 08/21/2017 (Attachment: #1 Proposed Order) (Glasser, Brian) (Modified on 8/9/2017 to remove links to #14 motion and #15 memorandum) (kp). [Transferred from wvsd on 12/14/2017.]
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| Thursday, August 10, 2017 | ||
| 20 | 20
ORDER granting19 MOTION for Extension of Time to File Response/Reply re:19 UNOPPOSED MOTION by AmerisourceBergen Drug Corporation, Cardinal Health 110, LLC, McKesson Corporation, Miami-Luken, Inc. for Enlargement of Time to Respond to Remand Motions to 08/21/2017. Signed by Senior Judge David A. Faber on 8/10/2017. (cc: attys; any unrepresented party) (mk) [Transferred from wvsd on 12/14/2017.]
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| Tuesday, August 15, 2017 | ||
| 21 | 21
UNOPPOSED AMENDED MOTION by AmerisourceBergen Drug Corporation, Cardinal Health 110, LLC, McKesson Corporation, Miami-Luken, Inc. to File Combined Response to Remand Motions and to Extend Page Limit (Attachment: #1 Proposed Order)(Glasser, Brian) (Modified on 8/15/2017 to remove link to #18 motion and to add party filers) (kp). [Transferred from wvsd on 12/14/2017.]
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| Wednesday, August 16, 2017 | ||
| 22 | 22
ORDER denying Defendants'18 MOTION for Leave to File Combined Response and Extend Page Limit; granting Defendants'21 MOTION for Leave to File Combined Response and Extend Page Limit. The Court ORDERS as follows: (1) The Distributor Defendants may file a combined response to the remand motions in the above-captioned cases; (2) The combined response is due on the earlier of: a. 14 days after the filing of the last motion to remand in any of the above-captioned cases, or b. 14 days after the last deadline to file a motion to remand in any of the above-captioned cases; (3) The combined response may be up to 40 pages in length; (4) Plaintiffs may (but are not required to) file a combined reply to the Distributor Defendants' combined response; and (5) Any such combined reply may be up to 40 pages in length and is due 21 days after the deadline for the Distributor Defendants' combined response. Signed by Senior Judge David A. Faber on 8/16/2017. (cc: attys) (mk) [Transferred from wvsd on 12/14/2017.]
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| Monday, September 11, 2017 | ||
| 23 | 23
CONSOLIDATED OPPOSITION by AmerisourceBergen Drug Corporation, Cardinal Health 110, LLC, McKesson Corporation, Miami-Luken, Inc. to14 MOTION by Vivian Livinggood to Remand Case to Circuit Court of Mingo County. (Attachment: #1 Exhibit 1)(Glasser, Brian) (Modified on 9/12/2017 to remove link to #15 memorandum) (kp). [Transferred from wvsd on 12/14/2017.]
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| Wednesday, September 13, 2017 | ||
| 24 | 24
ORDER Setting Hearing on14 MOTION by Vivian Livinggood to Remand Case to Circuit Court of Mingo County: Motion Hearing set for 10/19/2017 02:00 PM in Charleston before Judge David A. Faber. Signed by Senior Judge David A. Faber on 9/13/2017. (cc: attys) (mk) [Transferred from wvsd on 12/14/2017.]
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| Monday, October 02, 2017 | ||
| 25 | 25
CONSOLIDATED REPLY by Vivian Livinggood to23 Response In Opposition. (Attachment: #1 Exhibit 1)(Yanchunis, John) [Transferred from wvsd on 12/14/2017.]
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| Saturday, October 07, 2017 | ||
| 26 | 26
STIPULATION EXTENDING TIME TO FILE NOTICE OF NON-PARTY FAULT by Miami-Luken, Inc., Vivian Livinggood (Miller, Laurie) (Modified on 10/7/2017 to add party filer) (kp). [Transferred from wvsd on 12/14/2017.]
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| Monday, October 09, 2017 | ||
| 27 | 27
NOTICE OF WITHDRAWAL by Miami-Luken, Inc. of26 Stipulation Extending Time to File Notice of Non-Party Fault (Hurney, Thomas) [Transferred from wvsd on 12/14/2017.]
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| Thursday, October 19, 2017 | ||
| 28 | 28
MOTION HEARING held by Judge David A. Faber on 10/19/2017 re:14 MOTION by Vivian Livinggood to Remand Case to Circuit Court of Mingo County Court Reporter: Lisa Cook. (cel) [Transferred from wvsd on 12/14/2017.]
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| Monday, October 23, 2017 | ||
| 29 | 29
TRANSCRIPT OF PROCEEDINGS of Motions Hearing held on October 19, 2017, before Judge David A. Faber. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 11/2/2017. Redaction Request due 11/13/2017. Redacted Transcript Deadline set for 11/24/2017. Release of Transcript Restriction set for 1/22/2018. (lac) [Transferred from wvsd on 12/14/2017.]
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| Wednesday, October 25, 2017 | ||
| 30 | 30
MOTION by Meredith S. Auten to Withdraw Appearance on behalf of AmerisourceBergen Drug Corporation (Mount, Todd) [Transferred from wvsd on 12/14/2017.]
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| 31 | 31
MOTION by Eric Sitarchuk to Withdraw Appearance on behalf of AmerisourceBergen Drug Corporation (Mount, Todd) [Transferred from wvsd on 12/14/2017.]
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| Thursday, October 26, 2017 | ||
| 32 | 32
UNOPPOSED MOTION by Cardinal Health 110, LLC and Stipulation for Phased Identification of Nonparties at Fault (Attachment: #1 Proposed Order)(Ruby, Steven) [Transferred from wvsd on 12/14/2017.]
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| Friday, November 03, 2017 | ||
| 33 | 33
STATEMENT OF VISITING ATTORNEY from Shannon E. McClure Roberts on behalf of AmerisourceBergen Drug Corporation. Local counsel: Todd A. Mount. Fee $50.00. Receipt # 0425-6084262. (Mount, Todd) [Transferred from wvsd on 12/14/2017.]
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| Monday, November 06, 2017 | ||
| 34 | 34
NOTICE Regarding Potential Nonparty Fault Under W.Va. Code § 55-7-13d by McKesson Corporation (Jessee, Russell) [Transferred from wvsd on 12/14/2017.]
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| Tuesday, November 07, 2017 | ||
| 35 | 35
UNOPPOSED MOTION by Miami-Luken, Inc. and Stipulation for Phased Identification of Nonparties at Fault (Attachment: #1 Proposed Order)(Miller, Laurie) [Transferred from wvsd on 12/14/2017.]
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| Wednesday, November 08, 2017 | ||
| 36 | 36
STATEMENT OF VISITING ATTORNEY from Robert A. Nicholas on behalf of AmerisourceBergen Drug Corporation. Local counsel: Todd A. Mount. Fee $50.00. Receipt # 0425-6091452. (Mount, Todd) [Transferred from wvsd on 12/14/2017.]
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| Monday, November 13, 2017 | ||
| 37 | 37
ORDER granting32 UNOPPOSED MOTION AND STIPULATION FOR PHASED IDENTIFICATION OF NONPARTIES AT FAULT FILED BY DEFENDANT CARDINAL HEALTH 110, LLC ("Cardinal Health"): The Court ORDERS that: 1. In any of the above-captioned cases in which Cardinal Health intends to file a notice of nonparty fault pursuant to W. Va. Code § 55-7-13d, it may file within 180 days of service of process an initial notice that specifies the categories of nonparties to whom it seeks to allocate fault. 2. In any case in which Cardinal Health files an initial notice pursuant to this Order, it later shall file a further notice that identifies by name and address, or other specific identification, the nonparties to whom it seeks to allocate fault. The time for these further notices will be set at the Rule 26(f) conference or thereafter. Signed by Senior Judge David A. Faber on 11/13/2017. (cc: attys; any unrepresented party) (mk) [Transferred from wvsd on 12/14/2017.]
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| 38 | 38
ORDER granting35 UNOPPOSED MOTION AND STIPULATION FOR PHASED IDENTIFICATION OF NONPARTIES AT FAULT, FILED BY DEFENDANT MIAMI-LUKEN, INC. ("Miami-Luken"): The Court ORDERS that: 1. In any of the above-captioned cases in which Miami-Luken intends to file a notice of nonparty fault pursuant to W. Va. Code § 55-7-13d, it may file within 180 days of service of process an initial notice that specifies the categories of nonparties to whom it seeks to allocate fault. 2. In any case in which Miami-Luken files an initial notice pursuant to this Order, it later shall file a further notice that identifies by name and address, or other specific identification, the nonparties to whom it seeks to allocate fault. The time for these further notices will be set at the Rule 26(f) conference or thereafter. Signed by Senior Judge David A. Faber on 11/13/2017. (cc: attys; any unrepresented party) (mk) [Transferred from wvsd on 12/14/2017.]
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| Thursday, November 16, 2017 | ||
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NOTICE Regarding Non-Party Fault Under W.Va. Code § 55-7-13d(a)(2) by Miami-Luken, Inc. (Miller, Laurie) [Transferred from wvsd on 12/14/2017.]
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| Friday, November 17, 2017 | ||
| 40 | 40
NOTICE Regarding Non-Party Fault Under W.Va. Code § 55-7-13d(a)(2) by AmerisourceBergen Drug Corporation (Mount, Todd) [Transferred from wvsd on 12/14/2017.]
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| Monday, November 20, 2017 | ||
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NOTICE Regarding Potential Non-Party Fault Under W.Va. Code § 55-7-13d by Cardinal Health 110, LLC (Glasser, Brian) [Transferred from wvsd on 12/14/2017.]
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| Tuesday, December 05, 2017 | ||
| 42 | 42
NOTIFICATION FROM JUDICIAL PANEL ON MULTIDISTRICT LITIGATION re: Transfer Order MDL 2804. (ts) [Transferred from wvsd on 12/14/2017.]
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| Tuesday, December 12, 2017 | ||
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TRANSFER ORDER, JUDICIAL PANEL ON MDL: certified copy from the Northern District of Ohio transferring this action to the USDC/NDOH for coordinated or consolidated pretrial proceedings pursuant to 28 U.S.C. § 1407. Signed by Sarah S. Vance, Chair for the Panel on Multidistrict Litigation on 12/05/2017. (cc: attys)(rmc) [Transferred from wvsd on 12/14/2017.]
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| Thursday, December 14, 2017 | ||
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CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:17-cv-03369. Original file, certified copy of transfer order and docket sheet received.
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