Logan 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 #: | 1:18-op-45000 |
| Nature of Suit | 470 Other Statutes - Racketeer Influenced and Corrupt Organizations |
| Cause | 18:1961 Racketeering (RICO) Act |
| Case Filed: | Jan 03, 2018 |
| Case in other court: | West Virginia Southern, 2:17-cv-02296 |
| Last checked: Friday Nov 08, 2019 4:57 PM EST |
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Defendant
Purdue Pharma L P
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Defendant
Mallinckrodt LLC
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Defendant
Mallinckrodt PLC
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Defendant
Masters Pharmaceutical, Inc.
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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
Noramco, Inc.
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Defendant
Ortho-McNeil-Janssen Pharmaceuticals, 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
Actavis LLC
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Defendant
Purdue Pharma, Inc.
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Defendant
Rite Aid Corporation
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Represented By
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Defendant
SAJ Distributors
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Represented By
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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
Walmart Inc.
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Represented By
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Defendant
Watson Laboratories, Inc.
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Defendant
Watson Pharmaceuticals, Inc.
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Defendant
Kroger Co.
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Represented By
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Defendant
Actavis Pharma, Inc.
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Defendant
Allergan Finance LLC
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Defendant
Allergan PLC
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Defendant
AmerisourceBergen Drug Corporation
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Represented By
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Defendant
Anda Pharmaceuticals, Inc.
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Represented By
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Defendant
Anda, Inc.
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Represented By
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Defendant
Bellco Drug Corp.
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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
Cedardale Distributors LLC
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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
Endo Pharmaceuticals, Inc.
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Defendant
H. D. Smith Wholesale Drug Co.
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Represented By
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Defendant
Harvard Drug Group, 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
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Plaintiff
Logan County Commission
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Represented By
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| Docket last updated: 04/08/2019 5:16 PM EDT |
| Tuesday, April 11, 2017 | ||
| 1 | 1
39
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COMPLAINT. Filing Fee $400.00. Receipt # 0425-5502599. (taq) [Transferred from wvsd on 1/3/2018.]
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Att: 1
Exhibits 1-22,
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Att: 2
Civil Cover Sheet
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| Wednesday, April 12, 2017 | ||
| 2 | 2
ELECTRONIC SUMMONS ISSUED as to AmerisourceBergen Drug Corporation, Anda Pharmaceuticals, Inc., Anda, Inc., Bellco Drug Corp., Cardinal Health, Inc., Cedardale Distributors LLC, H. D. Smith Wholesale Drug Co., Kroger Limited Partnership I, Kroger Limited Partnership II, Masters Pharmaceutical, Inc., McKesson Corporation, Miami-Luken, Inc., Rite Aid of Maryland, Inc., SAJ Distributors, The Harvard Drug Group, L.L.C., 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). (taq) [Transferred from wvsd on 1/3/2018.]
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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) (taq) [Transferred from wvsd on 1/3/2018.]
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| 4 | 4
SUMMONS TO BE REISSUED SUBMITTED by Logan County Commission for Rite Aid of Maryland, Inc. (Farrell, Paul) [Transferred from wvsd on 1/3/2018.]
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| 5 | 5
ELECTRONIC SUMMONS REISSUED as to Rite Aid of Maryland, Inc., 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). (taq) [Transferred from wvsd on 1/3/2018.]
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| Thursday, April 13, 2017 | ||
| 6 | 6
MOTION by Logan County Commission to Stay Briefing on Defendants' Motions to Dismiss Pending the Filing of Motions by All Defendants (Majestro, Anthony) [Transferred from wvsd on 1/3/2018.]
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| Tuesday, April 18, 2017 | ||
| 7 | 7
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to Cardinal Health, Inc.; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| 8 | 8
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to McKesson Corporation; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| 9 | 9
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to AmerisourceBergen Drug Corporation; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| 10 | 10
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to Rite Aid of Maryland, Inc.; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| 11 | 11
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to Wal-Mart Stores East, LP; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| 12 | 12
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to Kroger Limited Partnership II; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| 13 | 13
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to H. D. Smith Wholesale Drug Co.; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| 14 | 14
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to The Harvard Drug Group, L.L.C.; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| 15 | 15
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to Kroger Limited Partnership I; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| 16 | 16
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to Miami-Luken, Inc.; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| 17 | 17
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to Anda Pharmaceuticals, Inc.; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| 18 | 18
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to Cedardale Distributors LLC; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| 19 | 19
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to Anda, Inc.; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| 20 | 20
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to Bellco Drug Corp.; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| 21 | 21
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to SAJ Distributors; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| 22 | 22
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to SAJ Distributors; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| 23 | 23
SUMMONS ACCEPTED FOR SERVICE BY SECRETARY OF STATE re:1 Complaint. Accepted by Secretary of State on 4/13/2017 as to Masters Pharmaceutical, Inc.; answer due 5/4/2017. (skh) [Transferred from wvsd on 1/3/2018.]
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| Thursday, April 20, 2017 | ||
| 24 | 24
JOINT MOTION by Cardinal Health, Inc., AmerisourceBergen Drug Corporation, Harvard Drug Group, L.L.C., McKesson Corporation, Logan County Commission To Extend Briefing Schedules on Motions to Dismiss (Attachment: #1 Proposed Order)(Glasser, Brian) (Modified on 4/21/2017 to add party filers and remove link to #6 motion) (dvb). [Transferred from wvsd on 1/3/2018.]
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| Monday, April 24, 2017 | ||
| 25 | 25
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 1/3/2018.]
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| 26 | 26
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 # 0425-5539472. (Franks, Raymond) [Transferred from wvsd on 1/3/2018.]
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| 27 | 27
STATEMENT OF VISITING ATTORNEY from Steven M. Pyser on behalf of Cardinal Health, Inc. Local counsel: Raymond S. Franks II. Fee $50.00. Receipt # 0425-5539512. (Franks, Raymond) [Transferred from wvsd on 1/3/2018.]
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| 28 | 28
STATEMENT OF VISITING ATTORNEY from Enu Abilasha Mainigi on behalf of Cardinal Health, Inc. Local counsel: Raymond S. Franks II. Fee $50.00. Receipt # 0425-5539522. (Franks, Raymond) [Transferred from wvsd on 1/3/2018.]
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| 29 | 29
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Cardinal Health, Inc. (Glasser, Brian) [Transferred from wvsd on 1/3/2018.]
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| Tuesday, April 25, 2017 | ||
| 30 | 30
STIPULATION FOR EXTENSION OF TIME for Defendant Rite Aid of Maryland, Inc. to Respond to1 Complaint to June 5, 2017 by Rite Aid of Maryland, Inc., Logan County Commission (Arceneaux, Webster) (Modified on 4/26/2017 to add party filer) (kp). [Transferred from wvsd on 1/3/2018.]
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| 31 | 31
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 1/3/2018.]
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| Wednesday, April 26, 2017 | ||
| 32 | 32
ORDER granting the24 JOINT MOTION to Extend Briefing Schedules on Motions to Dismiss; Plaintiffs to file any responses to Motions to Dismiss that may be filed by the Movant Defendants in the Boone, Logan, and Wyoming cases 28 days from the date of the filing of such a Motion to Dismiss; the Movant Defendants to file their replies in the Boone, Logan, and Wyoming cases 14 days from the date of Plaintiff's response; 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 1/3/2018.]
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| Friday, April 28, 2017 | ||
| 33 | 33
STIPULATION the time for the Defendant SAJ Distributors to Answer, Plead, or Otherwise Respond to the1 Complaint is Extended to May 15, 2017 by SAJ Distributors, Logan County Commission (Modified on 5/1/2017 to add link to #1 complaint and to add party filer) (skh). [Transferred from wvsd on 1/3/2018.]
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| 34 | 34
ANSWER TO1 Complaint With Jury Demand by H. D. Smith Wholesale Drug Co. (Williams, Marc) (Modified on 5/1/2017 to add jury demand) (kp). [Transferred from wvsd on 1/3/2018.]
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| 35 | 35
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant H. D. Smith Wholesale Drug Co. (Williams, Marc) [Transferred from wvsd on 1/3/2018.]
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| 36 | 36
NOTICE OF APPEARANCE by Marc E. Williams, Alexander L. Turner on behalf of H. D. Smith Wholesale Drug Co. (Williams, Marc) [Transferred from wvsd on 1/3/2018.]
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| Monday, May 01, 2017 | ||
| 37 | 37
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Anda Pharmaceuticals, Inc. (Attachment: #1 Supplement)(Jones, Keith) [Transferred from wvsd on 1/3/2018.]
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| 38 | 38
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Anda, Inc. (Attachment: #1 Supplement)(Jones, Keith) [Transferred from wvsd on 1/3/2018.]
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| 39 | 39
STIPULATION the time in which defendants Anda, Inc. and Anda Pharmaceuticals, Inc. may answer, plead, or otherwise respond to the1 Complaint is extended up to and including to 05/22/2017 by Anda Pharmaceuticals, Inc., Anda, Inc., Logan County Commission (Jones, Keith) (Modified on 5/2/2017 to add party filer) (skh). [Transferred from wvsd on 1/3/2018.]
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| 40 | 40
MOTION by Kroger Limited Partnership I, Kroger Limited Partnership II to Dismiss1 Complaint. (Stowers, Gerard) [Transferred from wvsd on 1/3/2018.]
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| 41 | 41
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MEMORANDUM by Kroger Limited Partnership I, Kroger Limited Partnership II in support of40 MOTION by Kroger Limited Partnership I, Kroger Limited Partnership II to Dismiss1 Complaint. (Stowers, Gerard) [Transferred from wvsd on 1/3/2018.]
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| Tuesday, May 02, 2017 | ||
| 42 | 42
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant McKesson Corporation. (Jessee, Russell) [Transferred from wvsd on 1/3/2018.]
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| 43 | 43
MOTION by McKesson Corporation to Dismiss1 Complaint (Jessee, Russell) [Transferred from wvsd on 1/3/2018.]
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| 44 | 44
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MEMORANDUM OF LAW by McKesson Corporation in support of43 MOTION by McKesson Corporation to Dismiss1 Complaint (Jessee, Russell) [Transferred from wvsd on 1/3/2018.]
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| 45 | 45
STATUS CONFERENCE held by Judge David A. Faber on 5/2/2017; Court Reporter: Lisa Cook. (cel) [Transferred from wvsd on 1/3/2018.]
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| Wednesday, May 03, 2017 | ||
| 46 | 46
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 1/3/2018.]
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| 47 | 47
STATEMENT OF VISITING ATTORNEY from Dean T. Barnhard on behalf of H. D. Smith Wholesale Drug Co. Local counsel: Marc E. Williams. Fee $50.00. Receipt # 0425-5576123. (Williams, Marc) [Transferred from wvsd on 1/3/2018.]
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| 48 | 48
STATEMENT OF VISITING ATTORNEY from Larry A. Mackey on behalf of H. D. Smith Wholesale Drug Co. Local counsel: Marc E. Williams. Fee $50.00. Receipt #0425-5576174. (kp) [Transferred from wvsd on 1/3/2018.]
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| Thursday, May 04, 2017 | ||
| 49 | 49
MOTION by Cardinal Health, Inc. to Dismiss1 Complaint. (Attachment: #1 Exhibit A)(Glasser, Brian) (Modified on 5/5/2017 to add link to #1 complaint) (skh). [Transferred from wvsd on 1/3/2018.]
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| 50 | 50
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MEMORANDUM by Cardinal Health, Inc. in support of49 MOTION by Cardinal Health, Inc. to Dismiss1 Complaint. (Glasser, Brian) [Transferred from wvsd on 1/3/2018.]
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| 51 | 51
ORDER pursuant to the status conference held 5/2/2017 herein; denying as moot the6 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 1/3/2018.]
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| 52 | 52
MOTION by AmerisourceBergen Drug Corporation to Dismiss1 Complaint. (Attachment: #1 Exhibit A)(Emch, A.) (Modified on 5/5/2017 to add link to #1 complaint) (skh). [Transferred from wvsd on 1/3/2018.]
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| 53 | 53
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MEMORANDUM by AmerisourceBergen Drug Corporation in support of52 MOTION by AmerisourceBergen Drug Corporation to Dismiss1 Complaint. (Emch, A.) [Transferred from wvsd on 1/3/2018.]
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| 54 | 54
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant AmerisourceBergen Drug Corporation (Emch, A.) [Transferred from wvsd on 1/3/2018.]
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| Wednesday, May 10, 2017 | ||
| 55 | 55
NOTICE OF APPEARANCE by Laurie K. Miller, Thomas J. Hurney, Jr. on behalf of Miami-Luken, Inc. (Miller, Laurie) [Transferred from wvsd on 1/3/2018.]
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| 56 | 56
DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Miami-Luken, Inc. (Miller, Laurie) [Transferred from wvsd on 1/3/2018.]
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| Monday, May 15, 2017 | ||
| 57 | 57
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MEMORANDUM by Logan County Commission in opposition to43 MOTION by McKesson Corporation to Dismiss1 Complaint,49 MOTION by Cardinal Health, Inc. to Dismiss1 Complaint,52 MOTION by AmerisourceBergen Drug Corporation to Dismiss1 Complaint.(Majestro, Anthony) [Transferred from wvsd on 1/3/2018.]
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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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| Monday, May 22, 2017 | ||
| 58 | 58
STIPULATION TO EXTEND TIME for AmerisourceBergen Drug Corporation, Cardinal Health 110, LLC, and McKesson Corporation to file replies to57 Memorandum In Opposition to June 2, 2017 by Cardinal Health, Inc., AmerisourceBergen Drug Corporation, McKesson Corporation, Logan County Commission (Glasser, Brian) (Modified on 5/23/2017 to add party filers) (ts). [Transferred from wvsd on 1/3/2018.]
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| Tuesday, May 30, 2017 | ||
| 59 | 59
UNOPPOSED MOTION by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation for Leave to Exceed Page Limit (Attachment: #1 Proposed Order)(Glasser, Brian) [Transferred from wvsd on 1/3/2018.]
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| Wednesday, May 31, 2017 | ||
| 60 | 60
ORDER granting Defendants'59 UNOPPOSED MOTION by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation for Leave to Exceed Page Limit: 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 1/3/2018.]
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| Friday, June 02, 2017 | ||
| 61 | 61
REPLY by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation to57 Memorandum In Opposition. (Glasser, Brian) [Transferred from wvsd on 1/3/2018.]
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| Tuesday, June 13, 2017 | ||
| 62 | 62
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) (dvb) [Transferred from wvsd on 1/3/2018.]
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Att: 1
Cover letter,
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Att: 2
Proposed Order
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| 63 | 63
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MEMORANDUM by Cardinal Health, Inc. in support of62 MOTION by Cardinal Health, Inc. for Summary Judgment or Partial Summary Judgment as to All Claims(Ruby, Steven) [Transferred from wvsd on 1/3/2018.]
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| 64 | 64
MOTION by Cardinal Health, Inc. Requesting Judicial Notice in Further Support of62 MOTION by Cardinal Health, Inc. for Summary Judgment or Partial Summary Judgment as to All Claims(Ruby, Steven) [Transferred from wvsd on 1/3/2018.]
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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 | ||
| 65 | 65
EXHIBITS A, C, D, F (Videotape) by Cardinal Health, Inc. in support of64 MOTION by Cardinal Health, Inc. Requesting Judicial Notice in Further Support of62 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 1/3/2018.]
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| Tuesday, June 20, 2017 | ||
| 66 | 66
MOTION HEARING held by Judge David A. Faber on 6/20/2017 re:52 MOTION by AmerisourceBergen Drug Corporation to Dismiss1 Complaint,43 MOTION by McKesson Corporation to Dismiss1 Complaint,49 MOTION by Cardinal Health, Inc. to Dismiss1 Complaint; Court Reporter: Lisa Cook. (Attachment: #1 Attorneys List) (cel) [Transferred from wvsd on 1/3/2018.]
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| Friday, June 23, 2017 | ||
| 67 | 67
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 67 replaced on 6/26/2017. CORRECTION: Revised appearances listed on pages 5 and 6.) (klc). [Transferred from wvsd on 1/3/2018.]
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| Thursday, July 06, 2017 | ||
| 68 | 68
NOTICE OF SUPPLEMENTAL AUTHORITY by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation re:43 MOTION by McKesson Corporation to Dismiss1 Complaint,49 MOTION by Cardinal Health, Inc. to Dismiss1 Complaint,52 MOTION by AmerisourceBergen Drug Corporation to Dismiss1 Complaint. (Attachment: #1 Exhibit A)(Emch, A.) [Transferred from wvsd on 1/3/2018.]
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| Tuesday, July 25, 2017 | ||
| 69 | 69
STATEMENT OF VISITING ATTORNEY from Meredith S. Auten on behalf of AmerisourceBergen Drug Corporation. Local counsel: Adam J. Schwendeman. Fee $50.00. Receipt # 0425-5897342. (Schwendeman, Adam) [Transferred from wvsd on 1/3/2018.]
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| 70 | 70
STATEMENT OF VISITING ATTORNEY from Eric Sitarchuk on behalf of AmerisourceBergen Drug Corporation. Local counsel: Adam J. Schwendeman. Fee $50.00. Receipt # 0425-5897362. (Schwendeman, Adam) [Transferred from wvsd on 1/3/2018.]
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| Tuesday, August 08, 2017 | ||
| 71 | 71
NOTICE OF APPEARANCE by Michael J. Fuller, Jr., Amy J. Quezon on behalf of Logan County Commission. (Fuller, Michael) [Transferred from wvsd on 1/3/2018.]
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| 72 | 72
STATEMENT OF VISITING ATTORNEY from Archie C. Lamb, Jr. on behalf of Logan County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5919461. (Farrell, Paul) [Transferred from wvsd on 1/3/2018.]
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| 73 | 73
STATEMENT OF VISITING ATTORNEY from Jeffrey Gaddy on behalf of Logan County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5919470. (Farrell, Paul) [Transferred from wvsd on 1/3/2018.]
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| 74 | 74
STATEMENT OF VISITING ATTORNEY from Laura S. Dunning on behalf of Logan County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5919476. (Farrell, Paul) [Transferred from wvsd on 1/3/2018.]
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| 75 | 75
STATEMENT OF VISITING ATTORNEY from James M. Papantonio on behalf of Logan County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5919481. (Farrell, Paul) [Transferred from wvsd on 1/3/2018.]
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| 76 | 76
STATEMENT OF VISITING ATTORNEY from Peter J. Mougey on behalf of Logan County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5919486. (Farrell, Paul) [Transferred from wvsd on 1/3/2018.]
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| Wednesday, August 09, 2017 | ||
| 77 | 77
STATEMENT OF VISITING ATTORNEY from J. Burton LeBlanc, IV on behalf of Logan County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5920181. (Farrell, Paul) [Transferred from wvsd on 1/3/2018.]
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| 78 | 78
STATEMENT OF VISITING ATTORNEY from Laura J. Baughman on behalf of Logan County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5920190. (Farrell, Paul) [Transferred from wvsd on 1/3/2018.]
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| 79 | 79
STATEMENT OF VISITING ATTORNEY from Russell W. Budd on behalf of Logan County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5920202. (Farrell, Paul) [Transferred from wvsd on 1/3/2018.]
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| 80 | 80
STATEMENT OF VISITING ATTORNEY from S. Ann Saucer on behalf of Logan County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5920207. (Farrell, Paul) [Transferred from wvsd on 1/3/2018.]
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| Monday, August 14, 2017 | ||
| 81 | 81
NOTICE OF SUPPLEMENTAL AUTHORITY by Logan County Commission re:43 MOTION by McKesson Corporation to Dismiss1 Complaint,49 MOTION by Cardinal Health, Inc. to Dismiss1 Complaint, and52 MOTION by AmerisourceBergen Drug Corporation to Dismiss1 Complaint.(Majestro, Anthony) (Modified on 8/14/2017 to correct links) (kp). [Transferred from wvsd on 1/3/2018.]
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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
harleston 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 | ||
| 82 | 82
RESPONSE by Cardinal Health, Inc., AmerisourceBergen Drug Corporation, McKesson Corporation to81 Notice of Supplemental Authority (Ruby, Steven) (Modified on 8/18/2017 to add party filers) (kp). [Transferred from wvsd on 1/3/2018.]
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| 83 | 83
MOTION by H. D. Smith Wholesale Drug Co. for Joinder in43 MOTION by McKesson Corporation to Dismiss1 Complaint,49 MOTION by Cardinal Health, Inc. to Dismiss1 Complaint,52 MOTION by AmerisourceBergen Drug Corporation to Dismiss1 Complaint (Williams, Marc) [Transferred from wvsd on 1/3/2018.]
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| Saturday, August 19, 2017 | ||
| 84 | 84
STATEMENT OF VISITING ATTORNEY from Neil E. McWilliams, Jr. on behalf of Logan County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5934898. (Farrell, Paul) [Transferred from wvsd on 1/3/2018.]
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| 85 | 85
STATEMENT OF VISITING ATTORNEY from Page A. Poerschke on behalf of Logan County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5934901. (Farrell, Paul) [Transferred from wvsd on 1/3/2018.]
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| Thursday, August 24, 2017 | ||
| 86 | 86
STATEMENT OF VISITING ATTORNEY from Mark Pifko on behalf of Logan County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5944445. (Farrell, Paul) [Transferred from wvsd on 1/3/2018.]
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| 87 | 87
STATEMENT OF VISITING ATTORNEY from Roland Tellis on behalf of Logan County Commission. Local counsel: Paul T. Farrell, Jr. Fee $50.00. Receipt # 0425-5944453. (Farrell, Paul) [Transferred from wvsd on 1/3/2018.]
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| 88 | 88
MOTION by H. D. Smith Wholesale Drug Co. to Dismiss re:1 Complaint(Williams, Marc) [Transferred from wvsd on 1/3/2018.]
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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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| 89 | 89
BRIEF by H. D. Smith Wholesale Drug Co. in support of88 MOTION by H. D. Smith Wholesale Drug Co. to Dismiss re:1 Complaint (Williams, Marc) [Transferred from wvsd on 1/3/2018.]
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| Wednesday, September 06, 2017 | ||
| 90 | 90
UNOPPOSED MOTION by Cardinal Health, Inc. and Stipulation for Phased Identification of Nonparties at Fault (Glasser, Brian) [Transferred from wvsd on 1/3/2018.]
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| Thursday, September 07, 2017 | ||
| 91 | 91
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's90 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 1/3/2018.]
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| Tuesday, September 12, 2017 | ||
| 92 | 92
STIPULATION EXTENDING TIME TO FILE NOTICE OF NONPARTY FAULT by Wal-Mart Stores East, LP, Logan County Commission (Lusk, Neva) (Modified on 9/12/2017 to add party filer) (kp). [Transferred from wvsd on 1/3/2018.]
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| 93 | 93
STIPULATION EXTENDING TIME TO FILE NOTICE OF NONPARTY FAULT by Masters Pharmaceutical, Inc., Logan County Commission (Smith, John) (Modified on 9/12/2017 to add party filer) (kp). [Transferred from wvsd on 1/3/2018.]
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| Wednesday, September 13, 2017 | ||
| 94 | 94
NOTICE OF SUPPLEMENTAL AUTHORITY by AmerisourceBergen Drug Corporation, Cardinal Health, Inc., McKesson Corporation re:43 MOTION by McKesson Corporation to Dismiss1 Complaint,49 MOTION by Cardinal Health, Inc. to Dismiss1 Complaint, and52 MOTION by AmerisourceBergen Drug Corporation to Dismiss1 Complaint. (Attachment: #1 Exhibit A)(Emch, A.) [Transferred from wvsd on 1/3/2018.]
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| Monday, September 18, 2017 | ||
| 95 | 95
NOTICE Regarding Potential Non-Party Fault Under W.Va. Code § 55-7-13d by Cardinal Health, Inc. (Glasser, Brian) [Transferred from wvsd on 1/3/2018.]
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| Tuesday, September 19, 2017 | ||
| 96 | 96
NOTICE Regarding Potential Non-Party Fault Under W. Va. Code § 55-7-13d by The Harvard Drug Group, L.L.C. (Robinson, Susan) (Modified on 9/19/2017 to remove link to #95 notice) (kp). [Transferred from wvsd on 1/3/2018.]
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| 97 | 97
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 1/3/2018.]
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| Tuesday, September 26, 2017 | ||
| 98 | 98
NOTICE Regarding Non-Party Fault Under W.Va. Code 55-7-13d(a)(2) by Anda Pharmaceuticals, Inc., Anda, Inc. (Jones, Keith) [Transferred from wvsd on 1/3/2018.]
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| 99 | 99
UNOPPOSED MOTION by Anda Pharmaceuticals, Inc., Anda, Inc. for Phased Identification of Non Parties at Fault (Attachment: #1 Proposed Order) (Jones, Keith) (Modified on 9/26/2017 to remove link to #98 notice) (kp). [Transferred from wvsd on 1/3/2018.]
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| 100 | 100
AMENDED MOTION by H. D. Smith Wholesale Drug Co. to Dismiss1 Complaint(Williams, Marc) (Modified on 9/27/2017 to correct link) (kp). [Transferred from wvsd on 1/3/2018.]
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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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| 101 | 101
MOTION by H. D. Smith Wholesale Drug Co. for Partial Lift of Stay to Permit Briefing and Adjudication of Its Separate100 AMENDED MOTION by H. D. Smith Wholesale Drug Co. to Dismiss1 Complaint (Williams, Marc) (Modified on 9/27/2017 to add link to #100 motion) (kp). [Transferred from wvsd on 1/3/2018.]
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| 102 | 102
STIPULATION TO STAY IDENTIFICATION OF NONPARTIES AT FAULT by H. D. Smith Wholesale Drug Co., Logan County Commission (Williams, Marc) (Modified on 9/27/2017 to add party filer) (kp). [Transferred from wvsd on 1/3/2018.]
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| Thursday, September 28, 2017 | ||
| 103 | 103
PROPOSED ORDER Order Approving Stipulation By And Between The Logan 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 To West Virginia Code §55-7-13d(A) by Kroger Limited Partnership I, Kroger Limited Partnership II, Logan County Commission (Stowers, Gerard) (Modified on 9/28/2017 to add party filer) (kp). [Transferred from wvsd on 1/3/2018.]
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| Thursday, October 05, 2017 | ||
| 104 | 104
ORDER granting Anda. Inc. and Anda Pharmaceuticals, Inc.'s (together, "Anda") Unopposed99 MOTION for Phased Identification of Nonparties at Fault: The Court ORDERS that (1) The Court takes notice that Anda has filed an initial notice of nonparty fault pursuant to W.Va. Code § 55-7-13d that specifies the categories of nonparties to whom it seeks to allocate fault. (2) Anda shall later 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 10/5/2017. (cc: attys; any unrepresented party) (mk) [Transferred from wvsd on 1/3/2018.]
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| 105 | 105
ORDER APPROVING STIPULATION BY AND BETWEEN THE LOGAN 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 TO WEST VIRGINIA CODE §55-7-13d(a): The Logan 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 1/3/2018.]
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| Monday, October 09, 2017 | ||
| 106 | 106
NOTICE Regarding Potential Nonparty Fault Under W.Va. Code § 55-7-13d by McKesson Corporation (Jessee, Russell) [Transferred from wvsd on 1/3/2018.]
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| 107 | 107
NOTICE Regarding Non-Party Fault under W.Va. Code 55-7-13(d)(a)(2) by AmerisourceBergen Drug Corporation (Emch, A.) [Transferred from wvsd on 1/3/2018.]
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| 108 | 108
NOTICE Regarding of Non-Party Fault Under W.Va. Code 55-7-13(d)(a)(2) by Bellco Drug Corp. (Emch, A.) [Transferred from wvsd on 1/3/2018.]
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| Tuesday, October 10, 2017 | ||
| 109 | 109
NOTICE of Filing of MDL Motion for Transfer by Logan County Commission(Majestro, Anthony) [Transferred from wvsd on 1/3/2018.]
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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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| 110 | 110
RESPONSE by Logan County Commission in opposition to101 MOTION by H. D. Smith Wholesale Drug Co. for Partial Lift of Stay to Permit Briefing and Adjudication of Its Separate100 AMENDED MOTION by H. D. Smith Wholesale Drug Co. to Dismiss1 Complaint (Majestro, Anthony) [Transferred from wvsd on 1/3/2018.]
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| Tuesday, October 17, 2017 | ||
| 111 | 111
REPLY by H. D. Smith Wholesale Drug Co. to110 Response in Opposition. (Williams, Marc) (Modified on 10/18/2017 to correct link and to convert event to reply to response) (kp). [Transferred from wvsd on 1/3/2018.]
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| Friday, October 20, 2017 | ||
| 112 | 112
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 1/3/2018.]
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| Tuesday, October 24, 2017 | ||
| 113 | 113
MOTION by Eric Sitarchuk to Withdraw Appearance on behalf of AmerisourceBergen Drug Corporation (Emch, A.) [Transferred from wvsd on 1/3/2018.]
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| 114 | 114
MOTION by Meredith S. Auten to Withdraw Appearance on behalf of AmerisourceBergen Drug Corporation (Emch, A.) [Transferred from wvsd on 1/3/2018.]
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| Thursday, November 02, 2017 | ||
| 115 | 115
UNOPPOSED MOTION by Miami-Luken, Inc., Logan County Commission and Stipulation for Phased Identification of Nonparties at Fault (Attachment: #1 Proposed Order)(Miller, Laurie) (Modified on 11/2/2017 to add party filer) (kp). [Transferred from wvsd on 1/3/2018.]
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| Friday, November 03, 2017 | ||
| 116 | 116
STATEMENT OF VISITING ATTORNEY from Shannon E. McClure on behalf of AmerisourceBergen Drug Corporation. Local counsel: Adam J. Schwendeman. Fee $50.00. Receipt # 0425-6083976. (Schwendeman, Adam) [Transferred from wvsd on 1/3/2018.]
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| Wednesday, November 08, 2017 | ||
| 117 | 117
STATEMENT OF VISITING ATTORNEY from Robert A. Nicholas on behalf of AmerisourceBergen Drug Corporation. Local counsel: Adam J. Schwendeman. Fee $50.00. Receipt # 0425-6091390. (Schwendeman, Adam) [Transferred from wvsd on 1/3/2018.]
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| Thursday, November 16, 2017 | ||
| 118 | 118
NOTICE Regarding Non-Party Fault Under W.Va. Code § 55-7-13d(a)(2) by Miami-Luken, Inc. (Miller, Laurie) [Transferred from wvsd on 1/3/2018.]
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| Tuesday, December 05, 2017 | ||
| 119 | 119
NOTIFICATION FROM JUDICIAL PANEL ON MULTIDISTRICT LITIGATION re: Transfer Order MDL 2804. (ts) [Transferred from wvsd on 1/3/2018.]
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| Tuesday, December 12, 2017 | ||
| 120 | 120
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 1/3/2018.]
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| Wednesday, January 03, 2018 | ||
| 121 | 121
CASE TRANSFERRED IN from District of West Virginia Southern. Case number 2:17-cv-02296. Original file, certified copy of transfer order and docket sheet received.
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