City of Miami 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-45664 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Jun 06, 2018 |
| Case in other court: | Florida Southern, 1:18-cv-21920 |
| Last checked: Friday Nov 08, 2019 5:57 PM EST |
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*** SELECTION REQUIRED
Richard Sackler
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Defendant
Rhodes Pharmaceuticals, L.P.
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Defendant
Endo Pharmaceuticals Inc.
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Represented By
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Defendant
Insys Therapeutics, Inc.
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Defendant
Janssen Pharmaceutica Inc. n/k/a Janssen Pharmaceuticals, Inc.
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Defendant
Janssen Pharmaceuticals Inc.
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Defendant
Johnson & Johnson
One Johnson & Johnson
New Brunswick, NJ 08933 |
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Defendant
Mallinckrodt LLC
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Defendant
McKesson Corporation
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Represented By
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Defendant
Ortho-McNeil-Janssen Pharmaceuticals, Inc. n/k/a Janssen Pharmaceuticals, Inc.
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Defendant
Purdue Frederick Company, Inc.
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Defendant
Purdue Pharma Inc.
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Defendant
Purdue Pharma L.P.
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Defendant
Endo Health Solutions Inc.
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Represented By
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Defendant
Jonathan Sackler
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Defendant
Kathe Sackler
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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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Represented By
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Defendant
Walgreen Co.
50 West Broad St., Suite 1330
Columbus, OH 43215 |
Represented By
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Defendant
Walgreens Boots Alliance, Inc.
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Represented By
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Defendant
Warner Chilcott Company, LLC
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Defendant
Watson Laboratories, Inc.
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Defendant
Allergan Finance, LLC
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Defendant
Actavis Elizabeth LLC
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Defendant
Actavis Kadian LLC
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Defendant
Actavis LLC
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Defendant
Actavis Laboratories FL, Inc.
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Defendant
Actavis Laboratories UT, Inc.
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Defendant
Actavis Mid Atlantic LLC
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Defendant
Actavis Pharma, Inc.
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Defendant
Actavis Pharma, Inc. f/k/a Watson Pharma, Inc.
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Defendant
Actavis South Atlantic LLC
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Defendant
Actavis Totowa LLC
874 Walker Road, Suite C
Dover, DE 19904 |
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Defendant
Allergan Finance LLC f/k/a Actavis, Inc. f/k/a Watson Pharmaceuticals, Inc.
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Defendant
Allergan PLC f/k/a Actavis PLC
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Defendant
Allergan Sales, LLC
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Defendant
Allergan USA, Inc.
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Defendant
Allergan, Inc.
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Defendant
AmerisourceBergen Drug Corporation
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Defendant
CVS Orlando FL Distribution, L.L.C.
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Defendant
CVS Vero FL Distribution, LLC
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Defendant
Cardinal Health Inc.
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Defendant
Cephalon Inc.
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Represented By
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Plaintiff
City of Miami
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Represented By
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| Docket last updated: 04/08/2019 4:26 PM EDT |
| Monday, May 14, 2018 | ||
| 1 | 1
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint/Demand for Jury Trial) Filing fee $ 400.00 receipt number 113C-10650913, filed by Endo Pharmaceuticals Inc, Endo Health Solutions Inc..(Furness, Amy) [Transferred from flsd on 6/6/2018.]
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Att: 1
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Civil Cover Sheet
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| Tuesday, May 15, 2018 | ||
| 2 | 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (lbc) [Transferred from flsd on 6/6/2018.] | |
| 3 | 3
Corporate Disclosure Statement by Endo Health Solutions Inc., Endo Pharmaceuticals Inc identifying Corporate Parent Endo International PLC for Endo Health Solutions Inc., Endo Pharmaceuticals Inc (Furness, Amy) [Transferred from flsd on 6/6/2018.]
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| Wednesday, May 16, 2018 | ||
| 4 | 4 PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one-inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 5/16/2018. (jm01) [Transferred from flsd on 6/6/2018.] | |
| 5 | 5 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO CHIEF MAGISTRATE JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Andrea M. Simonton to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Andrea M. Simonton's discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge Simonton, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 5/16/2018. (jm01) [Transferred from flsd on 6/6/2018.] | |
| Monday, May 21, 2018 | ||
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Consent MOTION for Extension of Time to File Response/Reply/Answer as to1 Notice of Removal (State Court Complaint), by Cephalon, Inc., Teva Pharmaceuticals USA, Inc.. Attorney Brian Michael Ercole added to party Cephalon, Inc.(pty:dft), Attorney Brian Michael Ercole added to party Teva Pharmaceuticals USA, Inc.(pty:dft).(Ercole, Brian) [Transferred from flsd on 6/6/2018.]
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Att: 1
Text of Proposed Order
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| Tuesday, May 22, 2018 | ||
| Case Stayed. (jm01) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. [Transferred from flsd on 6/6/2018.] | ||
| 7 | 7 PAPERLESS ORDER STAYING PROCEEDINGS denying without prejudice Defendants' Motion for Extension of Time6 . Defendants advised the Court that this case is a potential "tag along" action to a matter pending before the United States Judicial Panel on Multidistrict Litigation, MDL Case Number 2804, In re: National Prescription Opiate Litigation. Defendants request a forty-five (45) day extension after the (1) Court rules on any motion to remand Plaintiff may file or (2) a determination by the Judicial Panel on Multidistrict Litigation ("JPML") regarding transfer to answer the Complaint. A district court has the discretion to stay its proceedings. Republic of Venezuela ex rel. Garrido v. Philip Morris Cos., Inc., No. 99-cv-0586, 1999 WL 33911677, at *1 (S.D. Fla. Apr. 28, 1999). "It is common practice for courts to stay an action pending a transfer decision by the JPML." Bonenfant v. R.J. Reynolds Tobacco Co., No. 07-cv-60301, 2007 WL 2409980, at *1 (S.D. Fla. July 31, 2007). Courts commonly stay such actions because stay pending a Panel's "decision can increase efficiency and consistency, particularly when the transferor court believes that a transfer order is likely and when the pending motions raise issues likely to be raised in other cases as well. Id. Because this case has been identified as a potential "tag along" action in a pending MDL and in the interest of efficiency and consistency, there is good reason to stay the action. According, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Defendants' Motion is DENIED WITHOUT PREJUDICE and the case is STAYED pending a decision regarding the transfer of this action. The Clerk of the Court is instructed to CLOSE the case for administrative purposes. Defendants are instructed to notify the Court of any decision by the Panel within seven (7) days of said decision. In the event that the Panel denies transfer, any Party may move to reopen this case at the appropriate time. Signed by Chief Judge K. Michael Moore on 5/22/2018. (jm01) [Transferred from flsd on 6/6/2018.] | |
| Tuesday, June 05, 2018 | ||
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Certified CONDITIONAL TRANSFER ORDER (CTO-34) transferring case to the Northern District of Ohio re: MDL 2804 for consolidated pretrial proceedings pursuant to 28 USC 1407 and assigned to the Honorable Dan A. Polster. (Signed by Jeffery N. Luthi, Clerk of the Panel). (gp) [Transferred from flsd on 6/6/2018.]
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| Wednesday, June 06, 2018 | ||
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CASE TRANSFERRED IN from District of Florida Southern. Case number 1:18-cv-21920. Original file, certified copy of transfer order and docket sheet received.
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