County of Huerfano v. Purdue Pharma L.P. et al

Colorado District Court
Judge:William J Martinez
Case #: 1:18-cv-00219
Nature of Suit385 Torts - Personal Property - Property Damage Product Liability
Cause28:1332 Diversity-Product Liability
Case Filed:Jan 28, 2018
Terminated:Feb 12, 2018
Last checked: Friday Jul 27, 2018 2:44 AM MDT
Defendant
McKesson Corporation
Defendant
Watson Pharmaceuticals, Inc.
Defendant
Purdue Frederick Company, Inc, The
Defendant
Ortho-McNeil-Janssen Pharmaceuticals, Inc.
Defendant
Actavis Pharma, Inc
Defendant
Watson Laboratories, Inc.
Defendant
Teva Pharmaceuticals USA, Inc.
Defendant
Purdue Pharma, Inc.
Defendant
Purdue Pharma L.P.
Defendant
Actavis LLC
Defendant
Johnson & Johnson
Defendant
Janssen Pharmaceuticals, Inc.
Defendant
Endo Pharmaceuticals Inc.
Defendant
Endo Health Solutions, Inc.
Defendant
Cephalon, Inc.
Defendant
Cardinal Health Inc.
Defendant
Amerisourcebergen
Defendant
Allergan PLC
Defendant
Actavis, Inc.
Defendant
Actavis PLC
Plaintiff
County of Huerfano
Represented By
Patrick D. Mika
Mika & Associates, P.C.
contact info
Jason Edward Ochs
Ochs Law Firm
contact info

Docket last updated: 10 hours ago
Monday, February 12, 2018
12 12 misc Transmittal of Documents - Interdistrict Mon 02/12 9:38 AM
Interdistrict Transmittal of Documents via e-mail to US District Court Northern District of Ohio at InterdistrictTransfer_OHND@ohnd.uscourts.gov. Text Only Entry (evana, )
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11 11 order MDL Conditional Transfer Order Mon 02/12 9:12 AM
CERTIFIED COPY OF CONDITIONAL TRANSFER ORDER (CTO-8) from the Judicial Panel on Multidistrict Litigation pursuant to 28 USC 1407, transferring from the District of Colorado 18-cv-00219 WJM, to the Northern District of Ohio, to become part of MDL 2804, by Clerk on 2/12/2018. (evana, )
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Wednesday, February 07, 2018
10 10 cmp Amended Complaint Wed 02/07 4:24 PM
AMENDED COMPLAINT against Amerisourcebergen, Cardinal Health Inc., Cephalon, Inc., Endo Health Solutions, Inc., Endo Pharmaceuticals Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, McKesson Corporation, Ortho-McNeil-Janssen Pharmaceuticals, Inc., Purdue Frederick Company, Inc, The, Purdue Pharma, Inc., Teva Pharmaceuticals USA, Inc., Watson Laboratories, Inc., filed by County of Huerfano.(Ochs, Jason)
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Wednesday, January 31, 2018
9 9 order Order Wed 01/31 4:41 PM
ORDER TO SHOW CAUSE returnable February 7, 2018. The Court has a duty to sua sponte consider its subject matter jurisdiction. Fed. R. Civ. P. 12(h)(3). Plaintiff's Complaint alleges that the Court has jurisdiction pursuant to 28 U.S.C. § 1332 based on the diversity of the parties. Defendant Purdue Pharma L.P. is identified as a limited partnership, Defendant Allergan PLC is identified as a public limited company, and Actavis LLC is identified as a limited liability company. The Court must consider the citizenship of all partners and members, respectively, of the LP and LLC, and potentially of the PLC (because the Court is unfamiliar with this business structure) in determining whether diversity jurisdiction exists. See Carden v. Arkoma Assocs. , 494 U.S. 185, 195 (1990) (citizenship of limited partners must be taken into account to determine diversity of citizenship of the parties; limited partnership is not in its own right a citizen of the state that created it for purposes of diversity); Siloam Springs Hotel, L.L.C. v. Century Sur. Co. , 781 F.3d 1233, 1237-38 (10th Cir. 2015) (an LLC takes the citizenship of all its members; "only those state-created entities that are corporations, in the traditional understanding of that word, will be treated as a person for purposes of diversity jurisdiction"). As Plaintiff is invoking jurisdiction of the federal court, it bears the burden of establishing that jurisdiction is proper. Merida Delgado v. Gonzales , 428 F.3d 916, 919 (10th Cir. 2005). As filed, Plaintiff's Complaint is deficient in that it fails to establish the citizenship of every partner of Defendant Purdue Pharma L.P. and every member of Defendants Watson Pharma, Inc. Actavis LLC. It also fails to identify the business structure of Allergan PLC with sufficient detail to permit the Court to conclude whether it may be treated as a corporation. Furthermore, the Complaint identifies Defendant Distributor McKesson Corporation as a publicly-traded company headquartered "in Colorado," with its principal place of business at One Post Street, San Francisco, Colorado 94104. This appears to be a mistake, but the Court must be certain of that. Accordingly, Plaintiff is ORDERED TO SHOW CAUSE, by February 7, 2018 , as to why the Court should not on its own motion dismiss this action based on Plaintiff's failure to allege facts sufficient to show that the Court has diversity jurisdiction over this matter. SO ORDERED by Judge William J. Martinez on 1/31/2018. Text Only Entry (wjmsec, )
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8 8 misc Letter Reassigning Case Wed 01/31 12:45 PM
CASE REASSIGNED pursuant to7 Memorandum Returning Case. This case is randomly reassigned to Judge William J. Martinez. All future pleadings should be designated as 18-cv-00219-WJM. (Text Only Entry) (rkeec)
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7 7 1 pgs misc Memorandum Returning Case Wed 01/31 12:43 PM
MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec)
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Sunday, January 28, 2018
6 6 misc Magistrate Judge Consent Form Mon 01/29 10:03 AM
Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Issued. (rroge, )
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5 5 misc Case Assigned to Judge Mon 01/29 10:01 AM
Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (rroge, )
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4 4 misc Advisory Attorney Noncompliance 2 Mon 01/29 9:54 AM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re:1 Complaint,,, filed by attorneyJason Edward Ochs. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (rroge, )
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3 3 misc Advisory Attorney Noncompliance 2 Mon 01/29 9:54 AM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re:1 Complaint,,, filed by attorneyJason Edward Ochs.Attorney or pro se has used an incorrect signature format in violation of D.C.COLO.LCivR 5.1(a) and 4.3(a) of the Electronic Case Filing Procedures (Civil cases). DO NOT REFILE THE DOCUMENT. In the future, the filer must affix an electronic s/signature and s/followed by a typed, not an inked, signature to all future documents.(Text Only Entry) (rroge, )
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2 2 misc Advisory Document Noncompliance Mon 01/29 9:53 AM
ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re:1 Complaint,,, filed by attorney Jason Edward Ochs.The document was scanned and not converted directly to portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (rroge, )
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1 1 73 pgs cmp Complaint Sun 01/28 7:30 PM
COMPLAINT against Actavis LLC, Actavis PLC, Actavis Pharma, Inc. f/k/a Watson Pharma, Inc., Actavis, Inc., Allergan PLC, Amerisourcebergen, Cardinal Health Inc., Cephalon, Inc., Endo Health Solutions, Inc., Endo Pharmaceuticals Inc., Janssen Pharmaceuticals Inc. n/k/a Janssen Pharmaceuticals Inc., Janssen Pharmaceuticals, Inc., Johnson & Johnson, McKesson Corporation, Ortho-McNeil-Janssen Pharmaceuticals, Inc. n/k/a Janssen Pharmaceuticals Inc., Purdue Pharma L.P., Purdue Pharma, Inc., Teva Pharmaceuticals USA, Inc., The Purdue Frederick Company, Inc., Watson Laboratories, Inc., Watson Pharmaceuticals Inc. n/k/a Actavis Inc. (Filing fee $ 400,Receipt Number 1082-5916106)Attorney Jason Edward Ochs added to party Huerfano County(pty:pla), filed by Huerfano County.(Ochs, Jason)
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