Fayette County Commission v. Cardinal Health, Inc. 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-45062 |
| 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-01957 |
| Last checked: Friday Nov 08, 2019 4:48 PM EST |
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*** SELECTION REQUIRED
Amneal Pharmaceuticals, LLC
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Defendant
Rite Aid of Maryland
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Represented By
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Defendant
Mallinckrodt, PLC
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Defendant
McKesson Corporation
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Represented By
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Defendant
Mylan Pharmaceuticals LLC
CSC-Lawyer Incorporating Service 50 W. Broad Street
Columbus, OH 43215 |
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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
Purdue Frederick Company, Inc.
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Defendant
Purdue Pharma L.P.
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Defendant
Purdue Pharma, Inc.
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Defendant
Rite Aid Corporation
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Defendant
Mallinckrodt, LLC
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Defendant
SpecGX LLC
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Defendant
Teva Pharmaceutical Industries, Ltd.
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Defendant
Teva Pharmaceuticals USA, Inc.
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Defendant
Top Rx, LLC
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Represented By
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Defendant
Wal-Mart Stores East L.P.
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Represented By
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Defendant
Walgreens Boots Alliance, Inc.
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Defendant
Walmart, Inc.
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Defendant
Watson Laboratories, Inc.
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Defendant
Endo Pharmaceuticals, Inc.
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Defendant
Actavis LLC
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Defendant
Actavis Pharma, Inc.
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Defendant
Allergan Finance LLC
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Defendant
AmerisourceBergen Drug Corporation
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Represented By
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Defendant
CVS Health Corporation
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Defendant
CVS Indiana, L.L.C.
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Represented By
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Defendant
Cardinal Health Inc.
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Represented By
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Defendant
Cephalon, Inc.
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Defendant
Endo Health Solutions, Inc.
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Defendant
Insys Therapeutics, Inc.
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Defendant
Janssen Pharmaceutica Inc.
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Defendant
Janssen Pharmaceuticals, Inc.
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Defendant
Johnson & Johnson
One Johnson and Johnson Plaza
New Brunswick, NJ 08933 |
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Defendant
Kroger Co.
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Defendant
Kroger Limited Partnership I
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Represented By
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Defendant
Kroger Limited Partnership II
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Represented By
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Plaintiff
Fayette County Commission
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Represented By
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| Docket last updated: 04/08/2019 6:13 PM EDT |
| Tuesday, March 21, 2017 | ||
| CASE assigned to Judge Joseph R. Goodwin. (klc) [Transferred from wvsd on 12/14/2017.] | ||
| 1 | 1
COMPLAINT. Filing Fee $400.00. Receipt # 0425-5443317. (kp) [Transferred from wvsd on 12/14/2017.]
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Att: 1
Exhibits 1-22,
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Att: 2
Civil Cover Sheet
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| 2 | 2
ELECTRONIC SUMMONS ISSUED as to AmerisourceBergen Drug Corporation, CVS Indiana, LLC, Cardinal Health, Inc., Kroger Limited Partnership I, Kroger Limited Partnership II, McKesson Corporation, Rite Aid of Maryland, Inc., Top Rx, LLC, Wal-Mart Stores East, LP, re:1 Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (kp) [Transferred from wvsd on 12/14/2017.]
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Att: 1
Summons as to CVS Indiana, LLC,
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Att: 2
Summons as to Cardinal Health, Inc.,
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Att: 3
Summons as to Kroger Limited Partnership II,
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Att: 4
Summons as to Kroger Limited Partnership I,
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Att: 5
Summons as to McKesson Corporation,
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Att: 6
Summons as to Rite Aid of Maryland, Inc.,
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Att: 7
Summons as to Top Rx, LLC,
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Att: 8
Summons as to Wal-Mart Stores East, LP
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| 3 | 3
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) (kp) [Transferred from wvsd on 12/14/2017.]
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| Tuesday, March 28, 2017 | ||
| 4 | 4
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 3/23/2017 as to Cardinal Health, Inc.; answer due 4/13/2017. [Transferred from wvsd on 12/14/2017.]
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| 5 | 5
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 3/23/2017 as to AmerisourceBergen Drug Corporation; answer due 4/13/2017. [Transferred from wvsd on 12/14/2017.]
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| 6 | 6
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 3/23/2017 as to Rite Aid of Maryland, Inc.; answer due 4/13/2017. [Transferred from wvsd on 12/14/2017.]
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| 7 | 7
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 3/23/2017 as to Wal-Mart Stores East, LP; answer due 4/13/2017. [Transferred from wvsd on 12/14/2017.]
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| 8 | 8
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 3/23/2017 as to Kroger Limited Partnership I; answer due 4/13/2017. [Transferred from wvsd on 12/14/2017.]
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| 9 | 9
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 3/23/2017 as to Kroger Limited Partnership II; answer due 4/13/2017. [Transferred from wvsd on 12/14/2017.]
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| 10 | 10
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 3/23/2017 as to McKesson Corporation; answer due 4/13/2017. [Transferred from wvsd on 12/14/2017.]
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| 11 | 11
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 3/23/2017 as to Top Rx, LLC; answer due 4/13/2017. [Transferred from wvsd on 12/14/2017.]
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| 12 | 12
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 3/23/2017 as to CVS Indiana, L.L.C.; answer due 4/13/2017. (taq) [Transferred from wvsd on 12/14/2017.]
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| Friday, March 31, 2017 | ||
| 13 | 13
STIPULATION EXTENDING TIME TO FILE RESPONSIVE PLEADING to1 Complaint for Defendant CVS Indiana, L.L.C. to May 8, 2017 by CVS Indiana, L.L.C., Fayette County Commission (Goodwin, Carte) (Modified on 4/3/2017 to add party filer) (dvb). [Transferred from wvsd on 12/14/2017.]
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| Monday, April 03, 2017 | ||
| 14 | 14
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant CVS Indiana, L.L.C. (Attachment: #1 Exhibit A)(Goodwin, Carte) [Transferred from wvsd on 12/14/2017.]
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| 15 | 15
ORDER for reasons appearing to the Court, this action is hereby REASSIGNED from the docket of the Honorable Joseph R. Goodwin, United States District Judge, to the docket of the Honorable John T. Copenhaver, Jr., United States District Judge, for all further proceedings. The Clerk is directed to forward copies of this order to Judge Goodwin, Judge Copenhaver, all counsel of record, and any unrepresented party. Signed by Clerk of Court Teresa L. Deppner on 4/3/2017. (skh) [Transferred from wvsd on 12/14/2017.]
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| Tuesday, April 04, 2017 | ||
| 16 | 16
NOTICE OF CHANGE OF ATTORNEY INFORMATION by Joseph M. Ward to Update Contact Information on behalf of CVS Indiana, L.L.C.. (Ward, Joseph) [Transferred from wvsd on 12/14/2017.]
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| Wednesday, April 05, 2017 | ||
| 17 | 17
ORDER for reasons appearing to the Court, this action is hereby REASSIGNED from the docket of the Honorable John T. Copenhaver, Jr., United States District Judge, to the docket of the Honorable David A. Faber, United States District Judge, for all further proceedings. Signed by Clerk of Court Teresa L. Deppner on 4/5/2017. (cc: Judge Copenhaver, Judge Faber, all counsel of record, and any unrepresented party). (skh) [Transferred from wvsd on 12/14/2017.]
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| 18 | 18
STIPULATION EXTENDING TIME for Defendant Wal-Mart Stores East, LP to answer, plead, or otherwise respond to the1 Complaint to May 8, 2017 by Wal-Mart Stores East, LP, Fayette County Commission (Lusk, Neva) (Modified on 4/6/2017 to add party filer) (dvb) [Transferred from wvsd on 12/14/2017.]
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| Friday, April 07, 2017 | ||
| 19 | 19
STIPULATION FOR EXTENSION OF TIME for Rite Aid of Maryland, Inc. to answer or otherwise respond to the1 Complaint to May 13, 2017 by Rite Aid of Maryland, Inc., Fayette County Commission (Arceneaux, Webster) (Modified on 4/10/2017 to add party filer) (ts). [Transferred from wvsd on 12/14/2017.]
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| 20 | 20
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Rite Aid of Maryland, Inc. (Arceneaux, Webster) [Transferred from wvsd on 12/14/2017.]
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| Monday, April 10, 2017 | ||
| 21 | 21
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Wal-Mart Stores East, LP (Lusk, Neva) [Transferred from wvsd on 12/14/2017.]
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| Thursday, April 13, 2017 | ||
| 22 | 22
STIPULATION the time for Defendants Kroger Limited Partnership I and Kroger Limited Partnership II to answer, plead, or otherwise respond to the1 Complaint is extended to May 1, 2017 by Kroger Limited Partnership I, Kroger Limited Partnership II, Fayette County Commission (Harvey, Ronda) (Modified on 4/14/2017 to add party filer) (skh). [Transferred from wvsd on 12/14/2017.]
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| 23 | 23
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendants Kroger Limited Partnership I, Kroger Limited Partnership II (Harvey, Ronda) [Transferred from wvsd on 12/14/2017.]
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| 24 | 24
MOTION by McKesson Corporation to Dismiss1 Complaint (Wakefield, Jeffrey) (Modified on 4/14/2017 to add link to #1 complaint) (skh). [Transferred from wvsd on 12/14/2017.]
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| 25 | 25
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MEMORANDUM OF LAW by McKesson Corporation in support of24 MOTION by McKesson Corporation to Dismiss1 Complaint (Wakefield, Jeffrey) [Transferred from wvsd on 12/14/2017.]
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| 26 | 26
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant McKesson Corporation (Wakefield, Jeffrey) [Transferred from wvsd on 12/14/2017.]
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| 27 | 27
STATEMENT OF VISITING ATTORNEY from Richard A. Schirtzer on behalf of CVS Indiana, L.L.C. Local counsel: Carte Goodwin. Fee $50.00. Receipt # 0425-5510761. (Goodwin, Carte) [Transferred from wvsd on 12/14/2017.]
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| 28 | 28
STATEMENT OF VISITING ATTORNEY from F. Lane Heard III on behalf of Cardinal Health, Inc. Local counsel: Raymond S. Franks II. Fee $50.00. Receipt # 0425-5510813. (Franks, Raymond) [Transferred from wvsd on 12/14/2017.]
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| 29 | 29
STATEMENT OF VISITING ATTORNEY from Enu Abhilasha Mainigi on behalf of Cardinal Health, Inc. Local counsel: Raymond S. Franks II. Fee $50.00. Receipt # 0425-5510867. (Franks, Raymond) [Transferred from wvsd on 12/14/2017.]
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| 30 | 30
STATEMENT OF VISITING ATTORNEY from Steven M. Pyser on behalf of Cardinal Health, Inc. Local counsel: Raymond S. Franks II. Fee $50.00. Receipt # 0425-5510941. (Franks, Raymond) [Transferred from wvsd on 12/14/2017.]
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| 31 | 31
MOTION by AmerisourceBergen Drug Corporation to Dismiss1 Complaint. (Attachment: #1 Exhibit A)(Emch, A.) (Modified on 4/14/2017 to add link to #1 complaint) (skh). [Transferred from wvsd on 12/14/2017.]
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| 32 | 32
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MEMORANDUM by AmerisourceBergen Drug Corporation in support of31 MOTION by AmerisourceBergen Drug Corporation to Dismiss1 Complaint. (Emch, A.) [Transferred from wvsd on 12/14/2017.]
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| 33 | 33
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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| 34 | 34
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Cardinal Health, Inc. (Glasser, Brian) [Transferred from wvsd on 12/14/2017.]
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| 35 | 35
MOTION by Cardinal Health, Inc. to Dismiss1 Complaint. (Attachment: #1 Exhibit A)(Glasser, Brian) (Modified on 4/14/2017 to add link to #1 complaint) (skh). [Transferred from wvsd on 12/14/2017.]
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| 36 | 36
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MEMORANDUM by Cardinal Health, Inc. in support of35 MOTION by Cardinal Health, Inc. to Dismiss1 Complaint. (Glasser, Brian) [Transferred from wvsd on 12/14/2017.]
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| 37 | 37
MOTION by Fayette County Commission to Stay Briefing on Defendants' Motions to Dismiss Pending the Filing of Motions by All Defendants re:24 MOTION by McKesson Corporation to Dismiss1 Complaint,31 MOTION by AmerisourceBergen Drug Corporation to Dismiss1 Complaint,35 MOTION by Cardinal Health, Inc. to Dismiss1 Complaint, (Majestro, Anthony) (Modified on 4/14/2017 # 25, # 32, # 36 memoranda) (ts). [Transferred from wvsd on 12/14/2017.]
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| Wednesday, April 19, 2017 | ||
| 38 | 38
SECOND STIPULATION EXTENDING TIME for CVS Indiana, L.L.C. to file Responsive Pleading to1 Complaint to 05/22/2017 by CVS Indiana, L.L.C., Fayette County Commission. (Goodwin, Carte) (Modified on 04/20/2017 to add party filer) (dvb) [Transferred from wvsd on 12/14/2017.]
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| Thursday, April 20, 2017 | ||
| 39 | 39
JOINT MOTION by Cardinal Health, Inc., AmerisourceBergen Drug Corporation, McKesson Corporation, Fayette County Commission To Extend Briefing Schedule on24 ,31 ,35 Motions to Dismiss (Attachment: #1 Proposed Order) (Glasser, Brian) (Modified on 4/21/2017 to correct links to the # 24, # 31, # 35 motions and to add party filers) (kp). [Transferred from wvsd on 12/14/2017.]
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| Monday, April 24, 2017 | ||
| 40 | 40
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 4/24/2017. (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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| Wednesday, April 26, 2017 | ||
| SET DEADLINES as to24 ,31 ,35 MOTIONS to Dismiss; responses due by 5/15/2017 and replies due by 6/2/2017 pursuant to42 order. (taq) [Transferred from wvsd on 12/14/2017.] | ||
| 41 | 41
STIPULATION FOR EXTENSION OF TIME for Defendant Top Rx, LLC's to Answer or Otherwise Respond to1 Complaint to 5/6/2017 by Top Rx, LLC, Fayette County Commission. (Lopus, Allen) (Modified on 4/27/2017 to add party filer) (kp). [Transferred from wvsd on 12/14/2017.]
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| 42 | 42
ORDER granting the39 JOINT MOTION to Extend Briefing Schedule on24 ,31 ,35 Motions to Dismiss; Plaintiffs to file their response(s) to the Movant Defendants' pending Motions to Dismiss and Motion for Judgment on the Pleadings by 5/15/2017; Movant Defendants to file their replies by 6/2/2017; this Order does not affect any deadlines or proceedings other than those specified herein and only as regarding the Movants; other plaintiffs and defendants, and other related cases, remain unaffected; status conference scheduled for 5/2/2017 at 11:00 a.m. in Charleston. Signed by Judge David A. Faber on 4/26/2017. (cc: counsel of record) (taq) [Transferred from wvsd on 12/14/2017.]
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| Monday, May 01, 2017 | ||
| 43 | 43
MOTION by Kroger Limited Partnership I, Kroger Limited Partnership II to Dismiss1 Complaint. (Stowers, Gerard) [Transferred from wvsd on 12/14/2017.]
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| 44 | 44
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MEMORANDUM by Kroger Limited Partnership I, Kroger Limited Partnership II in support of43 MOTION by Kroger Limited Partnership I, Kroger Limited Partnership II to Dismiss1 Complaint. (Stowers, Gerard) [Transferred from wvsd on 12/14/2017.]
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| Tuesday, May 02, 2017 | ||
| 45 | 45
STATEMENT OF VISITING ATTORNEY from Mark S. Cheffo on behalf of CVS Indiana, L.L.C. Local counsel: Carte P. Goodwin. Fee $50.00. Receipt # 0425-5567380. (Goodwin, Carte) [Transferred from wvsd on 12/14/2017.]
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| 46 | 46
STATEMENT OF VISITING ATTORNEY from William A. Burck on behalf of CVS Indiana, L.L.C. Local counsel: Carte P. Goodwin. Fee $50.00. Receipt # 0425-5567452. (Goodwin, Carte) [Transferred from wvsd on 12/14/2017.]
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| 47 | 47
NOTICE OF CHANGE OF ATTORNEY INFORMATION by Russell D. Jessee requesting removal from the Court's service list on behalf of McKesson Corporation. (Jessee, Russell) [Transferred from wvsd on 12/14/2017.]
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| 48 | 48
NOTICE OF CHANGE OF ATTORNEY INFORMATION by Devon J. Stewart requesting removal from the Court's service list on behalf of McKesson Corporation. (Stewart, Devon) [Transferred from wvsd on 12/14/2017.]
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| 49 | 49
STATEMENT OF VISITING ATTORNEY from Eric Sitarchuk on behalf of AmerisourceBergen Drug Corporation. Local counsel: Adam J. Schwendeman. Fee $50.00. Receipt # 0425-5570504. (Schwendeman, Adam) [Transferred from wvsd on 12/14/2017.]
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| 50 | 50
STATUS CONFERENCE held by Judge David A. Faber on 5/2/2017; Court Reporter: Lisa Cook. (cel) [Transferred from wvsd on 12/14/2017.]
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| Wednesday, May 03, 2017 | ||
| 51 | 51
TRANSCRIPT OF PROCEEDINGS of Status Conference held on May 2, 2017, before Judge David A. Faber. Court Reporter Lisa Cook, Telephone number 304-254-8053. 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 5/15/2017. Redaction Request due 5/24/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/1/2017. (lac) Modified on 5/3/2017 to replace image. (klc). [Transferred from wvsd on 12/14/2017.]
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| Thursday, May 04, 2017 | ||
| 52 | 52
ORDER pursuant to the status conference held 5/2/2017 herein; denying as moot the37 MOTION to stay briefing on defendants' motions to dismiss pending the filing of motions by all defendants. Signed by Judge David A. Faber on 5/4/2017. (cc: counsel of record) (taq) [Transferred from wvsd on 12/14/2017.]
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| Friday, May 05, 2017 | ||
| 53 | 53
STATEMENT OF VISITING ATTORNEY from Meredith S. Auten on behalf of AmerisourceBergen Drug Corporation. Local counsel: Adam J. Schwendeman. Fee $50.00. Receipt # 0425-5584757. (Schwendeman, Adam) [Transferred from wvsd on 12/14/2017.]
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| Monday, May 15, 2017 | ||
| 54 | 54
RESPONSE by Fayette County Commission in opposition to24 MOTION by McKesson Corporation to Dismiss1 Complaint,31 MOTION by AmerisourceBergen Drug Corporation to Dismiss1 Complaint,35 MOTION by Cardinal Health, Inc. to Dismiss1 Complaint(Majestro, Anthony) [Transferred from wvsd on 12/14/2017.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C (Part 1),
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Att: 4
Exhibit C (Part 2)
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| Tuesday, May 30, 2017 | ||
| 55 | 55
UNOPPOSED MOTION by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation for Leave to Exceed Page Limit for Reply to Motions to Dismiss (Attachment: #1 Proposed Order)(Glasser, Brian) [Transferred from wvsd on 12/14/2017.]
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| Wednesday, May 31, 2017 | ||
| 56 | 56
ORDER granting Defendants'55 MOTION for Leave to File Excess Pages: The Court FINDS that permitting AmerisourceBergen Drug Corporation; Cardinal Health 110, LLC; and McKesson Corporation to file a single, joint reply will promote judicial economy and ORDERS that the three defendants be permitted to file a joint reply not exceeding 50 pages in length. Signed by Senior Judge David A. Faber on 5/31/2017. (cc: counsel of record) (mk) [Transferred from wvsd on 12/14/2017.]
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| Friday, June 02, 2017 | ||
| 57 | 57
REPLY by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation to54 Response In Opposition. (Glasser, Brian) [Transferred from wvsd on 12/14/2017.]
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| Tuesday, June 13, 2017 | ||
| 58 | 58
MOTION by Cardinal Health, Inc. for Summary Judgment or Partial Summary Judgment as to All Claims(Ruby, Steven). (Modified on 6/14/2017 to add motion for partial summary judgment) (kp). [Transferred from wvsd on 12/14/2017.]
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Att: 1
Cover letter,
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Att: 2
Proposed Order
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| 59 | 59
29
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MEMORANDUM by Cardinal Health, Inc. in support of58 MOTION by Cardinal Health, Inc. for Summary Judgment or Partial Summary Judgment as to All Claims (Ruby, Steven) [Transferred from wvsd on 12/14/2017.]
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| 60 | 60
MOTION by Cardinal Health, Inc. Requesting Judicial Notice in Further Support of58 MOTION by Cardinal Health, Inc. for Summary Judgment or Partial Summary Judgment as to All Claims(Ruby, Steven) [Transferred from wvsd on 12/14/2017.]
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Att: 1
Exhibits A-F,
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Att: 2
Exhibit G,
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Att: 3
Exhibits H-M,
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Att: 4
Exhibit N,
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Att: 5
Exhibits O-AA,
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Att: 6
Proposed Order
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| Wednesday, June 14, 2017 | ||
| 61 | 61
EXHIBITS A, C, D, F (Videotape) by Cardinal Health, Inc. in support of60 MOTION by Cardinal Health, Inc. Requesting Judicial Notice in Further Support of58 MOTION for Summary Judgment or Partial Summary Judgment as to All Claims. (DVD maintained in the Office of the Clerk of Court, Charleston Division) (taq) [Transferred from wvsd on 12/14/2017.]
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| Tuesday, June 20, 2017 | ||
| 62 | 62
MOTION HEARING held by Judge David A. Faber on 6/20/2017 re:31 MOTION by AmerisourceBergen Drug Corporation to Dismiss1 Complaint,35 MOTION by Cardinal Health, Inc. to Dismiss1 Complaint,24 MOTION by McKesson Corporation to Dismiss1 Complaint Court Reporter: Lisa Cook. (Attachment: #1 Attorneys List) (cel) (Modified on 6/21/2017 to correct date proceeding held) . [Transferred from wvsd on 12/14/2017.]
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| Friday, June 23, 2017 | ||
| 63 | 63
TRANSCRIPT OF PROCEEDINGS of Motions Hearing held on June 20, 2017, before Judge David A. Faber. Court Reporter Lisa Cook, Telephone number 304-254-8053. 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 7/3/2017. Redaction Request due 7/14/2017. Redacted Transcript Deadline set for 7/24/2017. Release of Transcript Restriction set for 9/21/2017. (lac) (Main Document 63 replaced on 6/26/2017. CORRECTION: Revised appearances listed on pages 5 and 6.) (klc). [Transferred from wvsd on 12/14/2017.]
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| Thursday, July 06, 2017 | ||
| 64 | 64
NOTICE OF SUPPLEMENTAL AUTHORITY by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation re:24 MOTION by McKesson Corporation to Dismiss1 Complaint,31 MOTION by AmerisourceBergen Drug Corporation to Dismiss1 Complaint,35 MOTION by Cardinal Health, Inc. to Dismiss1 Complaint. (Attachment: #1 Exhibit A)(Emch, A.) [Transferred from wvsd on 12/14/2017.]
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| Tuesday, August 08, 2017 | ||
| 65 | 65
NOTICE OF APPEARANCE by Michael J. Fuller, Jr., Amy J. Quezon on behalf of Fayette County Commission. (Fuller, Michael) [Transferred from wvsd on 12/14/2017.]
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| 66 | 66
STATEMENT OF VISITING ATTORNEY from Archie C. Lamb, Jr. on behalf of Fayette County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5919431. (Farrell, Paul) [Transferred from wvsd on 12/14/2017.]
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| 67 | 67
STATEMENT OF VISITING ATTORNEY from Jeffrey Gaddy on behalf of Fayette County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5919433. (Farrell, Paul) [Transferred from wvsd on 12/14/2017.]
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| 68 | 68
STATEMENT OF VISITING ATTORNEY from Laura S. Dunning on behalf of Fayette County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5919434. (Farrell, Paul) [Transferred from wvsd on 12/14/2017.]
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| 69 | 69
STATEMENT OF VISITING ATTORNEY from James M. Papantonio on behalf of Fayette County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5919435. (Farrell, Paul) [Transferred from wvsd on 12/14/2017.]
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| 70 | 70
STATEMENT OF VISITING ATTORNEY from Peter J. Mougey on behalf of Fayette County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5919436. (Farrell, Paul) [Transferred from wvsd on 12/14/2017.]
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| Wednesday, August 09, 2017 | ||
| 71 | 71
STATEMENT OF VISITING ATTORNEY from J. Burton LeBlanc, IV on behalf of Fayette County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5920124. (Farrell, Paul) [Transferred from wvsd on 12/14/2017.]
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| 72 | 72
STATEMENT OF VISITING ATTORNEY from Laura J. Baughman on behalf of Fayette County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5920139. (Farrell, Paul) [Transferred from wvsd on 12/14/2017.]
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| 73 | 73
STATEMENT OF VISITING ATTORNEY from Russell W. Budd on behalf of Fayette County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5920145. (Farrell, Paul) [Transferred from wvsd on 12/14/2017.]
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| 74 | 74
STATEMENT OF VISITING ATTORNEY from S. Ann Saucer on behalf of Fayette County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5920147. (Farrell, Paul) [Transferred from wvsd on 12/14/2017.]
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| Monday, August 14, 2017 | ||
| 75 | 75
NOTICE OF SUPPLEMENTAL AUTHORITY by Fayette County Commission re:24 MOTION by McKesson Corporation to Dismiss1 Complaint,31 MOTION by AmerisourceBergen Drug Corporation to Dismiss1 Complaint, and35 MOTION by Cardinal Health, Inc. to Dismiss1 Complaint.(Majestro, Anthony) (Modified on 8/14/2017 to correct links) (kp). [Transferred from wvsd on 12/14/2017.]
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Att: 1
Lantz Declaration,
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Att: 2
Myrck Declaration,
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Att: 3
Cardinal 55-5-13d Notice,
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Att: 4
Charleston Gazette Mail Article re: Cardinal 55-5-13d Notices,
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Att: 5
Cardinal Letter to Editor,
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Att: 6
Goodwin Order
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| Friday, August 18, 2017 | ||
| 76 | 76
RESPONSE by Cardinal Health, Inc., AmerisourceBergen Drug Corporation, McKesson Corporation to75 Notice of Supplemental Authority (Ruby, Steven) (Modified on 8/18/2017 to add party filers) (kp). [Transferred from wvsd on 12/14/2017.]
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| Saturday, August 19, 2017 | ||
| 77 | 77
STATEMENT OF VISITING ATTORNEY from Neil E. McWilliams, Jr. on behalf of Fayette County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5934879. (Farrell, Paul) [Transferred from wvsd on 12/14/2017.]
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| 78 | 78
STATEMENT OF VISITING ATTORNEY from Page A. Poerschke on behalf of Fayette County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5934883. (Farrell, Paul) [Transferred from wvsd on 12/14/2017.]
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| Thursday, August 24, 2017 | ||
| 79 | 79
STATEMENT OF VISITING ATTORNEY from Mark Pifko on behalf of Fayette County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5944378. (Farrell, Paul) [Transferred from wvsd on 12/14/2017.]
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| 80 | 80
STATEMENT OF VISITING ATTORNEY from Roland Tellis on behalf of Fayette County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5944396. (Farrell, Paul) [Transferred from wvsd on 12/14/2017.]
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| Wednesday, September 06, 2017 | ||
| 81 | 81
UNOPPOSED MOTION by Cardinal Health, Inc. and Stipulation for Phased Identification of Nonparties at Fault (Glasser, Brian) [Transferred from wvsd on 12/14/2017.]
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| Thursday, September 07, 2017 | ||
| 82 | 82
ORDER: Plaintiffs having agreed to Cardinal Health's requested relief, and for the reasons stated in the motions and stipulations, the Court GRANTS Cardinal Health's81 unopposed motions and ORDERS that: (1) In any of the above-captioned cases in which Cardinal Health 110, LLC (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 9/7/2017. (cc: attys; any unrepresented party) (mk) [Transferred from wvsd on 12/14/2017.]
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| Tuesday, September 12, 2017 | ||
| 83 | 83
STIPULATION EXTENDING TIME TO FILE NOTICE OF NONPARTY FAULT by Wal-Mart Stores East, LP, Fayette County Commission (Lusk, Neva) (Modified on 9/12/2017 to add party filer) (kp). [Transferred from wvsd on 12/14/2017.]
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| 84 | 84
STIPULATION TO STAY IDENTIFICATION OF NONPARTIES AT FAULT by CVS Indiana, L.L.C., Fayette County Commission (Goodwin, Carte) (Modified on 9/12/2017 to add party filer) (kp). [Transferred from wvsd on 12/14/2017.]
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| Wednesday, September 13, 2017 | ||
| 85 | 85
NOTICE OF SUPPLEMENTAL AUTHORITY by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation re:24 MOTION by McKesson Corporation to Dismiss1 Complaint,31 MOTION by AmerisourceBergen Drug Corporation to Dismiss1 Complaint, and35 MOTION by Cardinal Health, Inc. to Dismiss1 Complaint. (Attachment: #1 Exhibit A)(Emch, A.) [Transferred from wvsd on 12/14/2017.]
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| Monday, September 18, 2017 | ||
| 86 | 86
NOTICE Regarding Non-Party Fault Under W.Va. Code 55-7-13d(a)(2) by AmerisourceBergen Drug Corporation (Emch, A.) [Transferred from wvsd on 12/14/2017.]
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| 87 | 87
NOTICE Regarding Potential Non-Party Fault Under W.Va. Code § 55-7-13d by Cardinal Health, Inc. (Glasser, Brian) [Transferred from wvsd on 12/14/2017.]
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| Tuesday, September 19, 2017 | ||
| 88 | 88
NOTICE Regarding Potential Non-Party Fault Under W. Va. Code §55-7-13d by Rite Aid of Maryland, Inc. (Arceneaux, Webster) [Transferred from wvsd on 12/14/2017.]
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| 89 | 89
NOTICE Regarding Potential Non-Party Fault Under W.Va. Code § 55-7-13d by McKesson Corporation (Wakefield, Jeffrey) [Transferred from wvsd on 12/14/2017.]
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| Thursday, September 28, 2017 | ||
| 90 | 90
PROPOSED ORDER Order Approving Stipulation By And Between The Fayette County Commission And Kroger Limited Partnership I And Kroger Limited Partnership Ii Regarding Extending Time To File Notice That Identifies At Fault Non-Parties Pursuant by Kroger Limited Partnership I, Kroger Limited Partnership II, Fayette County Commission (Stowers, Gerard) (Modified on 9/28/2017 to add party filer) (kp). [Transferred from wvsd on 12/14/2017.]
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| Thursday, October 05, 2017 | ||
| 91 | 91
ORDER APPROVING STIPULATION BY AND BETWEEN THE FAYETTE COUNTY COMMISSION AND KROGER LIMITED PARTNERSHIP I AND KROGER LIMITED PARTNERSHIP II REGARDING EXTENDING TIME TO FILE NOTICE THAT IDENTIFIES AT FAULT NON-PARTIES PURSUANTTO WEST VIRGINIA CODE §55-7-13d(a): The Fayette County Commission and Kroger Limited Partnership I and Kroger Limited Partnership II stipulate and agree that the 180-day statutory deadline for filing Notices of Non-party Fault shall be tolled, and that identification of such non-parties shall occur on a date determined by this Court at the Rule 26(f) Conference or such other time designated by the Court. Signed by Senior Judge David A. Faber on 10/5/2017. (cc: attys; any unrepresented party) (mk) [Transferred from wvsd on 12/14/2017.]
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| Tuesday, October 10, 2017 | ||
| 92 | 92
NOTICE of Filing of MDL Motion for Transfer by Fayette County Commission(Majestro, Anthony) [Transferred from wvsd on 12/14/2017.]
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4
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| Friday, October 20, 2017 | ||
| 93 | 93
NOTICE of Response to Motion for Transfer of Actions for Centralization of Pretrial Proceedings by Cardinal Health, Inc., AmerisourceBergen Drug Corporation, McKesson Corporation (Ruby, Steven) (Modified on 10/23/2017 to add party filers) (kp). [Transferred from wvsd on 12/14/2017.]
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| Tuesday, October 24, 2017 | ||
| 94 | 94
MOTION by Eric Sitarchuk to Withdraw Appearance on behalf of AmerisourceBergen Drug Corporation (Emch, A.) [Transferred from wvsd on 12/14/2017.]
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| 95 | 95
MOTION by Meredith S. Auten to Withdraw Appearance on behalf of AmerisourceBergen Drug Corporation (Emch, A.) [Transferred from wvsd on 12/14/2017.]
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| Friday, November 03, 2017 | ||
| 96 | 96
STATEMENT OF VISITING ATTORNEY from Shannon E. McClure on behalf of AmerisourceBergen Drug Corporation. Local counsel: Adam J. Schwendeman. Fee $50.00. Receipt # 0425-6083937. (Schwendeman, Adam) [Transferred from wvsd on 12/14/2017.]
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| Monday, November 06, 2017 | ||
| 97 | 97
MOTION by Mark S. Cheffo to Withdraw Appearance on behalf of CVS Indiana, L.L.C (Attachment: #1 Proposed Order)(Cheffo, Mark) [Transferred from wvsd on 12/14/2017.]
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| Wednesday, November 08, 2017 | ||
| 98 | 98
STATEMENT OF VISITING ATTORNEY from Robert A. Nicholas on behalf of AmerisourceBergen Drug Corporation. Local counsel: Adam J. Schwendeman. Fee $50.00. Receipt # 0425-6091369. (Schwendeman, Adam) [Transferred from wvsd on 12/14/2017.]
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| Monday, November 13, 2017 | ||
| 99 | 99
ORDER GRANTING97 MOTION TO WITHDRAW APPEARANCE BY MARK S. CHEFFO ON BEHALF OF CVS INDIANA, L.L.C. AND OMNICARE DISTRIBUTION CENTER LLC: The motion of Mark S. Cheffo, of the law firm Quinn Emanuel Urquhart & Sullivan, LLP, to withdraw his appearances on behalf of Defendants CVS Indiana, L.L.C. (CVS) in each of the above-captioned matters and on behalf of Omnicare Distribution Center LLC (Omnicare) in Kanawha County Commission v. Rite Aid of Maryland, Inc., et al., No. 2 17-01666 is hereby granted. 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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| Tuesday, December 05, 2017 | ||
| 100 | 100
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 | ||
| 101 | 101
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 | ||
| 102 | 102
CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:17-cv-01957. Original file, certified copy of transfer order and docket sheet received.
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| 103 | 103
Attorney Appearance by Anant Kumar filed by on behalf of CVS Indiana, L.L.C.. (Kumar, Anant)
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| 104 | 104
Attorney Appearance by Eric R. Delinsky filed by on behalf of CVS Indiana, L.L.C.. (Delinsky, Eric)
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