Consolidated
Lead case: 1:17-md-02804

Ohio Northern District Court
Judge:Dan Aaron Polster
Case #: 1:17-op-45064
Nature of Suit890 Other Statutes - Other Statutory Actions
Cause28:1331 Fed. Question
Case Filed:Dec 14, 2017
Case in other court:West Virginia Southern, 1:17-cv-03716
Last checked: Friday Nov 08, 2019 4:48 PM EST
Defendant
AmerisourceBergen Drug Corporation
Represented By
Adam J. Schwendeman
Theisen Brock
contact info
Eric W. Sitarchuk
Morgan, Lewis & Bockius - Philadelphia
contact info
Alvin L. Emch
Jackson Kelly - Charleston
contact info
Robert A. Nicholas
Reed Smith - Philadelphia
contact info
Meredith S. Auten
Morgan, Lewis & Bockius - Philadelphia
contact info
Shannon E. McClure
Reed Smith - Philadelphia
contact info
Defendant
Cardinal Health 110, LLC
Represented By
Enu Mainigi
Williams & Connolly
contact info
Frank Lane Heard, III
Williams & Connolly
contact info
Raymond S. Franks, II
contact info
Steven R. Ruby
Bailey & Glasser
contact info
Brian A. Glasser
Bailey & Glasser - Charleston
contact info
F. Lane Heard, III
Williams & Connolly
contact info
Steven M. Pyser
Williams & Connolly
contact info
Defendant
Harold Anthony Cofer, Jr.
Defendant
McKesson Corporation
Represented By
Matthew M. Benov
Covington & Burling - Washington
contact info
Jeffrey M. Wakefield
Flaherty, Sensabaugh & Bonasso - Charleston
contact info
Jason L. Holliday
Flaherty, Sensabaugh & Bonasso - Charleston
contact info
Mark H. Lynch
Covington & Burling - Washington
contact info
Geoffrey E. Hobart
Covington & Burling - Washington
contact info
Defendant
West Virginia Board of Pharmacy
Plaintiff
County Commission of Mercer County
Represented By
Patrick A. Barthle, II
Morgan & Morgan - Tampa
contact info
Harry F. Bell, Jr.
Bell Law Firm
contact info
H. Truman Chafin
Chafin Law Firm
contact info
Letitia Neese Chafin
Chafin Law Firm
contact info
Mark E. Troy
contact info
James Dennis Young
Morgan & Morgan - Jacksonville
contact info
John A. Yanchunis
Morgan & Morgan - Tampa
contact info


Docket last updated: 04/08/2019 5:14 PM EDT
Friday, July 28, 2017
CASE assigned to Judge David A. Faber. (klc) [Transferred from wvsd on 12/14/2017.]
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1 1 NOTICE OF REMOVAL by Defendants McKesson Corporation, AmerisourceBergen Drug Corporation, Cardinal Health 110, LLC, with complaint and docket sheet from Circuit Court of Mercer County. Filing Fee $400.00. Receipt #0425-5904368. (mk) [Transferred from wvsd on 12/14/2017.]
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Att: 1 41 pgs Exhibit A,
Att: 2 Civil Cover Sheet
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 Aboulhosn. (cc:attys; any unrepresented party) (mk) [Transferred from wvsd on 12/14/2017.]
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3 3 UNOPPOSED MOTION by AmerisourceBergen Drug Corporation, Cardinal Health 110, LLC, McKesson Corporation to Stay Except With Regard to Remand Proceedings (Attachment: #1 Proposed Order)(Glasser, Brian) [Transferred from wvsd on 12/14/2017.]
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4 4 6 pgs MEMORANDUM by AmerisourceBergen Drug Corporation, Cardinal Health 110, LLC, McKesson Corporation in support of3 UNOPPOSED MOTION by AmerisourceBergen Drug Corporation, Cardinal Health 110, LLC, McKesson Corporation to Stay Except With Regard to Remand Proceedings (Glasser, Brian) [Transferred from wvsd on 12/14/2017.]
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Tuesday, August 01, 2017
5 5 ORDER: The Court GRANTS the Distributor Defendants'3 MOTION to Stay and ORDERS all deadlines and proceedings stayed until further order of this Court, except that (1) Plaintiff is 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) Plaintiff is then permitted 21 days from the date of any response to file its reply. Signed by Senior Judge David A. Faber on 8/1/2017. (cc: counsel of record and unrepresented parties) (arb) [Transferred from wvsd on 12/14/2017.]
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6 6 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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7 7 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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Wednesday, August 02, 2017
8 8 MOTION by Cardinal Health 110, LLC, AmerisourceBergen Drug Corporation to File Combined Response to Remand Motions and to Extend Page Limit(Glasser, Brian). (Modified on 8/2/2017 to add party filers) (ts). [Transferred from wvsd on 12/14/2017.]
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Att: 1 Proposed Order,
Att: 2 Proposed Order
9 9 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 # 0425-5911899. (Franks, Raymond) [Transferred from wvsd on 12/14/2017.]
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10 10 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 # 0425-5911902. (Franks, Raymond) [Transferred from wvsd on 12/14/2017.]
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11 11 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 # 0425-5911904. (Franks, Raymond) [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 Cardinal Health 110, LLC (Glasser, Brian) [Transferred from wvsd on 12/14/2017.]
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Tuesday, August 15, 2017
13 13 UNOPPOSED AMENDED MOTION by Cardinal Health 110, LLC to File Combined Response to Remand Motions and to Extend Page Limit (Attachment: #1 Proposed Order)(Glasser, Brian) [Transferred from wvsd on 12/14/2017.]
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Wednesday, August 16, 2017
14 14 ORDER denying Defendants'8 MOTION for Leave to File Combined Response and Extend Page Limit; granting Defendants'13 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, August 28, 2017
15 15 MOTION by The County Commission of Mercer County to Remand Case to Circuit Court of Mercer County (Yanchunis, John) [Transferred from wvsd on 12/14/2017.]
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16 16 19 pgs MEMORANDUM by The County Commission of Mercer County in support of15 MOTION by The County Commission of Mercer County to Remand Case to Circuit Court of Mercer County (Yanchunis, John) [Transferred from wvsd on 12/14/2017.]
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Monday, September 11, 2017
17 17 RESPONSE by AmerisourceBergen Drug Corporation, Cardinal Health 110, LLC, McKesson Corporation in opposition to15 MOTION by The County Commission of Mercer County to Remand Case to Circuit Court of Mercer County (Attachment: #1 Exhibit 1)(Glasser, Brian) (Modified on 9/12/2017 to remove link to #16 memorandum in support) (ts). [Transferred from wvsd on 12/14/2017.]
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Wednesday, September 13, 2017
18 18 ORDER Setting Hearing on15 MOTION by The County Commission of Mercer County to Remand Case to Circuit Court of Mercer 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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Tuesday, October 03, 2017
19 19 CONSOLIDATED REPLY by The County Commission of Mercer County to17 Response In Opposition. (Attachment: #1 Exhibit 1)(Yanchunis, John) [Transferred from wvsd on 12/14/2017.]
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Thursday, October 19, 2017
20 20 MOTION HEARING held by Judge David A. Faber on 10/19/2017 re:15 MOTION by The County Commission of Mercer County to Remand Case to Circuit Court of Mercer County Court Reporter: Lisa Cook.. (cel) [Transferred from wvsd on 12/14/2017.]
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Monday, October 23, 2017
21 21 TRANSCRIPT OF PROCEEDINGS of Motions Hearing held on October 19, 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 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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Thursday, October 26, 2017
22 22 UNOPPOSED MOTION AND STIPULATION by Cardinal Health 110, LLC 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
23 23 STATEMENT OF VISITING ATTORNEY from Shannon E. McClure on behalf of AmerisourceBergen Drug Corporation. Local counsel: Adam J. Schwendeman. Fee $50.00. Receipt # 0425-6084015. (Schwendeman, Adam) [Transferred from wvsd on 12/14/2017.]
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Wednesday, November 08, 2017
24 24 STATEMENT OF VISITING ATTORNEY from Robert A. Nicholas on behalf of AmerisourceBergen Drug Corporation. Local counsel: Adam J. Schwendeman. Fee $50.00. Receipt # 0425-6091398. (Schwendeman, Adam) [Transferred from wvsd on 12/14/2017.]
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Thursday, November 09, 2017
25 25 NOTICE Regarding Potential NonParty Fault Under W.Va. Code Section 55-7-13d by McKesson Corporation (Wakefield, Jeffrey) [Transferred from wvsd on 12/14/2017.]
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Monday, November 13, 2017
26 26 ORDER granting22 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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Monday, November 20, 2017
27 27 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
28 28 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
29 29 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
30 30 CASE TRANSFERRED IN from District of West Virginia Southern. Case number 1:17-cv-03716. Original file, certified copy of transfer order and docket sheet received.
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