County of Huerfano v. Purdue Pharma L.P. 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-45168 |
| Nature of Suit | 385 Torts - Personal Property - Property Damage Product Liability |
| Cause | 28:1332 Diversity-Product Liability |
| Case Filed: | Feb 12, 2018 |
| Case in other court: | Colorado, 1:18-cv-00219 |
| Last checked: Friday Nov 08, 2019 5:13 PM EST |
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Defendant
Mortimer D.A. Sackler
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Defendant
Purdue Frederick Company, Inc., The
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Defendant
Purdue Pharma Inc.
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Defendant
Purdue Pharma L.P.
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Defendant
Rhodes Pharmaceuticals, Inc.
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Defendant
Rhodes Pharmaceuticals, L.P.
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Defendant
Rhodes Technology
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Defendant
Rhodes Technology, Inc.
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Defendant
Beverly Sackler
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Defendant
David A. Sackler
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Defendant
Jonathan D. Sackler
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Defendant
Kathe A. Sackler
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Defendant
Par Pharmaceutical Inc.
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Defendant
Richard S. Sackler
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Defendant
Theresa Sackler
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Defendant
Sandoz Inc.
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Defendant
SpecGX LLC
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Defendant
Teva Pharmaceuticals Industries Ltd.
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Defendant
Teva Pharmaceuticals USA, Inc.
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Defendant
The P.F. Laboratories, Inc.
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Defendant
Trust for the Benefit of Members of the Raymond Sackler Family
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Defendant
Watson Laboratories Inc.
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Defendant
Watson Pharmaceuticals, Inc.
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Defendant
West-Ward Pharmaceuticals Corp.
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Defendant
Endo Pharmaceuticals Inc.
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Defendant
Actavis Inc
874 Walker Road, Suite C
Dover, DE 19904 |
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Defendant
Actavis LLC
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Defendant
Actavis Pharma, Inc.
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Defendant
Actavis plc
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Defendant
Allergan PLC
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Defendant
AmerisourceBergen Drug Corporation
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Defendant
Amerisourcebergen
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Defendant
Cardinal Health Inc.
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Defendant
Cephalon Inc.
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Defendant
Endo Health Solutions 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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Defendant
Ilene Sackler Lefcourt
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Defendant
Mallinckrodt LLC
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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, Inc.
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Defendant
Ortho-Mcneil-Janssen Pharmaceuticals Inc.
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Defendant
Par Pharmaceutical Companies, Inc.
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Plaintiff
County of Huerfano
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Represented By
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| Docket last updated: 11/01/2019 12:50 PM EDT |
| Sunday, January 28, 2018 | ||
| 1 | 1
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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) [Transferred from cod on 2/12/2018.]
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| 2 | 2 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, ) [Transferred from cod on 2/12/2018.] | |
| 3 | 3 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, ) [Transferred from cod on 2/12/2018.] | |
| 4 | 4 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, ) [Transferred from cod on 2/12/2018.] | |
| 5 | 5 Case assigned to Judge Wiley Y. Daniel and drawn to Magistrate Judge Kathleen M. Tafoya. Text Only Entry. (rroge, ) [Transferred from cod on 2/12/2018.] | |
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Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Issued. (rroge, ) [Transferred from cod on 2/12/2018.]
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| Wednesday, January 31, 2018 | ||
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MEMORANDUM RETURNING CASE by Judge Wiley Y. Daniel. (rkeec) [Transferred from cod on 2/12/2018.]
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| 8 | 8 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) [Transferred from cod on 2/12/2018.] | |
| 9 | 9 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, ) [Transferred from cod on 2/12/2018.] | |
| Wednesday, February 07, 2018 | ||
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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) [Transferred from cod on 2/12/2018.]
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| Monday, February 12, 2018 | ||
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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, ) [Transferred from cod on 2/12/2018.]
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CASE TRANSFERRED IN from District of Colorado. Case number 1:18-cv-00219. Original file, certified copy of transfer order and docket sheet received.
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