R D Burns 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-45934 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | 28:1446 Petition for Removal- Personal Injury |
| Case Filed: | Aug 09, 2018 |
| Case in other court: | California Central, 8:18-cv-00745 |
| Last checked: Friday Nov 08, 2019 6:24 PM EST |
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Defendant
American Academy of Pain Medicine, Inc.
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Represented By
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Defendant
American Chronic Pain Association, Inc.
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Defendant
American Pain Foundation, Inc.
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Defendant
American Pain Society, Inc.
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Represented By
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Defendant
Does
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Defendant
Endo Health Solutions Inc.
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Represented By
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Defendant
Endo Pharmaceuticals Inc.
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Represented By
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Defendant
Janssen Pharmaceutica Inc.
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Represented By
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Defendant
Janssen Pharmaceuticals Inc.
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Represented By
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Defendant
Johnson and Johnson
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Represented By
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Defendant
Ortho-McNeil-Janssen Pharmaceuticals, Inc.
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Represented By
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Defendant
Purdue Frederick Company, Inc.
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Represented By
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Defendant
Purdue Pharma Inc.
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Represented By
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Defendant
Purdue Pharma L.P.
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Represented By
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Plaintiff
R. D. Burns
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Represented By
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| Docket last updated: 10/23/2019 2:42 PM EDT |
| Monday, April 30, 2018 | ||
| CONFORMED COPY OF COMPLAINT against Defendants American Academy of Pain Medicine, Inc., American Pain Foundation, Inc., American Pain Society, Inc., Does 1-100, Inclusive, Endo Health Solutions Inc, Endo Pharmaceuticals Inc, Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson and Johnson, Ortho-McNeil-Janssen Pharmaceuticals Inc, Purdue Pharma Inc., Purdue Pharma L.P., The American Chronic Pain Association, Inc., The Purdue Frederick Company, Inc. Jury Demanded, filed by plaintiff R D Burns. Filed in State Court on 3/27/18 Submitted with Attachment 1 to Notice of Removal1 (car) [Transferred from cacd on 8/9/2018.] | ||
| 1 | 1
NOTICE OF REMOVAL from County of Orange, case number 2018-00982349 Receipt No: 0973-21673354 - Fee: $400, filed by Defendants Endo Health Solutions Inc, Endo Pharmaceuticals Inc. (Attorney John D Lombardo added to party Endo Health Solutions Inc(pty:dft), Attorney John D Lombardo added to party Endo Pharmaceuticals Inc(pty:dft))(Lombardo, John) [Transferred from cacd on 8/9/2018.]
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Att: 1
78 pgs
Exhibit Exhibit 1,
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Att: 2
Exhibit Exhibit 2,
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Att: 3
Exhibit Exhibit 3,
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Att: 4
Certificate of Service
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| 2 | 2
CIVIL COVER SHEET filed by Defendants Endo Health Solutions Inc, Endo Pharmaceuticals Inc. (Lombardo, John) [Transferred from cacd on 8/9/2018.]
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| 3 | 3
CORPORATE DISCLOSURE STATEMENT filed by Defendants Endo Health Solutions Inc, Endo Pharmaceuticals Inc identifying Endo International plc as Corporate Parent.(Lombardo, John) [Transferred from cacd on 8/9/2018.]
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Att: 1
Certificate of Service
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| Tuesday, May 01, 2018 | ||
| 4 | 4
NOTICE OF ASSIGNMENT to District Judge Cormac J. Carney and Magistrate Judge Karen E. Scott. (car) [Transferred from cacd on 8/9/2018.]
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| 5 | 5
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from cacd on 8/9/2018.]
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| Thursday, May 03, 2018 | ||
| 7 | 7
STIPULATION Extending Time to Answer the complaint as to Endo Health Solutions Inc answer now due 6/4/2018; Endo Pharmaceuticals Inc answer now due 6/4/2018; Janssen Pharmaceutica, Inc. answer now due 6/4/2018; Janssen Pharmaceuticals, Inc. answer now due 6/4/2018; Johnson and Johnson answer now due 6/4/2018; Ortho-McNeil-Janssen Pharmaceuticals Inc answer now due 6/4/2018; Purdue Pharma Inc. answer now due 6/4/2018; Purdue Pharma L.P. answer now due 6/4/2018; The Purdue Frederick Company, Inc. answer now due 6/4/2018, re Complaint - (Discovery),, filed by Defendants Endo Health Solutions Inc; Endo Pharmaceuticals Inc.(Lombardo, John) [Transferred from cacd on 8/9/2018.]
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| Friday, May 04, 2018 | ||
| 8 | 8
Joint STIPULATION for Extension of Time to File Answer to 5/29/18 filed by Defendant American Pain Society, Inc..(Attorney Meredith Dawn Stewart added to party American Pain Society, Inc.(pty:dft))(Stewart, Meredith) [Transferred from cacd on 8/9/2018.]
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Att: 1
Proposed Order
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| Monday, May 07, 2018 | ||
| 9 | 9
NOTICE OF SUPPLEMENT TO EXHIBIT 3 OF THE REMOVAL NOTICE filed by Defendants Endo Health Solutions Inc, Endo Pharmaceuticals Inc. (Lombardo, John) [Transferred from cacd on 8/9/2018.]
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| 10 | 10
NOTICE of Appearance filed by attorney Ian R Feldman on behalf of Defendant American Pain Society, Inc. (Attorney Ian R Feldman added to party American Pain Society, Inc.(pty:dft))(Feldman, Ian) [Transferred from cacd on 8/9/2018.]
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| 11 | 11
CERTIFICATE of Interested Parties filed by Defendant American Pain Society, Inc., identifying American Pain Society, Inc.. (Feldman, Ian) [Transferred from cacd on 8/9/2018.]
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| 12 | 12
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance10 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Notice of Appearance or Withdrawal G123. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) [Transferred from cacd on 8/9/2018.]
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| Wednesday, May 09, 2018 | ||
| 13 | 13
ORDER by Judge Cormac J. Carney: Granting Stipulation to Extend Time to Respond to Supplemental Complaint8 , Defendant American Pain Society, Inc. answer due 5/29/2018 (mt) [Transferred from cacd on 8/9/2018.]
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| Thursday, May 10, 2018 | ||
| 14 | 14
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 16-05-Related Case- filed. Related Case No: CV18-02201 DMG (ASx). Case transferred from Judge Cormac J. Carney and Magistrate Judge Karen E. Scott to Judge Dolly M. Gee and Magistrate Judge Alka Sagar for all further proceedings. The case number will now reflect the initials of the transferee Judge SACV18-00745 DMG (ASx). Signed by Judge Dolly M. Gee (dro) [Transferred from cacd on 8/9/2018.]
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| 15 | 15
MINUTE (IN CHAMBERS) ORDER TRANSFER OF CASE TO JUDGE GEE by Judge Dolly M. Gee: Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United States District Judge, pursuant to the Order re Transfer Pursuant to General Order 16-05 filed on May 10, 2018. (See order for details.) (kti) [Transferred from cacd on 8/9/2018.]
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| 16 | 16
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti) [Transferred from cacd on 8/9/2018.]
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| Wednesday, May 16, 2018 | ||
| 17 | 17
NOTICE OF OPPOSITION (CTO-30) filed by Defendant American Pain Society, Inc.. (Stewart, Meredith) [Transferred from cacd on 8/9/2018.]
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| Tuesday, May 29, 2018 | ||
| 18 | 18
MOTION to Dismiss for Lack of Jurisdiction and to Remand filed by plaintiff R D Burns. Motion set for hearing on 6/29/2018 at 09:30 AM before Judge Dolly M. Gee. (Burns, Robert)[Transferred from cacd on 8/9/2018.] Modified on 9/4/2018 (P,R).
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Att: 1
Proposed Order
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| 19 | 19
Notice of Appearance or Withdrawal of Counsel: for attorney Robert David Burns counsel for Plaintiff R D Burns. Adding Robert David Burns as counsel of record for R D Burns for the reason indicated in the G-123 Notice. Filed by plaintiff R D Burns. (Burns, Robert) [Transferred from cacd on 8/9/2018.]
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STIPULATION for Extension of Time to File Answer to 45 days after the later of: (1) this Courts ruling on Plaintiffs remand motion or (2) a determination by the JPML regarding transfer filed by Defendants Endo Health Solutions Inc, Endo Pharmaceuticals Inc.(Lombardo, John) [Transferred from cacd on 8/9/2018.]
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Att: 1
Proposed Order
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| 21 | 21
30+
pgs
MEMORANDUM in Support Motion to Dismiss filed by Defendant American Pain Society, Inc..(Stewart, Meredith) Modified on 6/12/2018 (gk). [Transferred from cacd on 8/9/2018.]
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Att: 1
Request for Judicial Notice,
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Att: 2
Declaration,
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Att: 3
Certificate of Service,
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Att: 4
Proposed Order
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| 22 | 22
30+
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MEMORANDUM in Support Special Motion to Strike Plaintiff's Supplemental Complaint Pursuant to CCP §425.16 filed by Defendant American Pain Society, Inc..(Stewart, Meredith) Modified on 6/12/2018 (gk). [Transferred from cacd on 8/9/2018.]
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Att: 1
Declaration,
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Att: 2
Declaration,
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Att: 3
Declaration,
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Att: 4
Request for Judicial Notice,
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Att: 5
Proposed Order,
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Att: 6
Certificate of Service
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| Wednesday, May 30, 2018 | ||
| 23 | 23
ORDER RE STIPULATION TO EXTEND TIME FOR PURDUE, JANSSEN, JOHNSON & JOHNSON, AND ENDO DEFENDANTS TO RESPOND TO INITIAL COMPLAINT UNTIL AFTER RESOLUTION OF REMAND AND TRANSFER DISPUTES by Judge Dolly M. Gee: Upon Stipulation20 , IT IS HEREBY ORDERED that: Stipulating Defendants Purdue Pharma L.P., Purdue Pharma Inc., The Purdue Frederick Co, Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc. n/k/a Janssen Pharmaceuticals, Inc., and Janssen Pharmaceutica, Inc. n/k/a Janssen Pharmaceuticals, Inc., Endo Health Solutions Inc. and Endo Pharmaceuticals Inc.'s deadline to move to dismiss, answer, or otherwise respond to the Complaint shall be extended to 45 days after the later of: (1) this Court's ruling on Plaintiff's remand motion or (2) a determination by the JPML regarding transfer. Stipulating Defendants shall file their responses to the Complaint on or before such date. (gk) [Transferred from cacd on 8/9/2018.]
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| Thursday, June 07, 2018 | ||
| 24 | 24
OPPOSITION to Defendant American Pain Society Notice of Motion and Motion to Dismiss to Plaintiff' Supplemental Complaint Pursuant to FRCP 12(b)(6) filed by Plaintiff R D Burns. (Burns, Robert) [Transferred from cacd on 8/9/2018.]
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| 25 | 25
OPPOSITION Plaintiff's Response in Opposition to Motion to Strike of Defendant American Pain Society Under Code of Civ. Proc. § 425.16; Memorandum of Points and Authorities in Support filed by Plaintiff R D Burns. (Burns, Robert) [Transferred from cacd on 8/9/2018.]
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| Friday, June 08, 2018 | ||
| 26 | 26
OPPOSITION in opposition re: First NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction 18 filed by Defendants Endo Health Solutions Inc, Endo Pharmaceuticals Inc.(Lombardo, John) [Transferred from cacd on 8/9/2018.]
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Att: 1
Proposed Order
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| Tuesday, June 12, 2018 | ||
| 27 | 27
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: First NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction 18 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) [Transferred from cacd on 8/9/2018.]
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| 28 | 28
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Memorandum in Support of Motion21 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > Dismiss Case. The filer used the event, Responses/Replies/Other Motion Related Documents > Memorandum in Support of Motion. Only a motion-type event will prompt the filer to calendar the hearing date. For this one time only, the clerk shall set the noticed hearing date of 6/29/2018 at 9:30 AM. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) [Transferred from cacd on 8/9/2018.]
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| 29 | 29
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: to Strike22 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. Incorrect event selected. Correct event to be used is: Applications/Ex Parte Applications/Motions/Petitions/Requests > Strike. The filer used the event, Responses/Replies/Other Motion Related Documents > Memorandum in Support of Motion. Only a motion-type event will prompt the filer to calendar the hearing date. For this one time only, the clerk shall set the noticed hearing date of 6/29/2018 at 9:30 AM.. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) [Transferred from cacd on 8/9/2018.]
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| 30 | 30
NOTICE INTERESTED PARTIES filed by plaintiff R D Burns. NOTICE OF INTERESTED PARTIES (Burns, Robert) [Transferred from cacd on 8/9/2018.]
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| Friday, June 15, 2018 | ||
| 31 | 31
REPLY support First NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction 18 filed by Plaintiff R D Burns. (Burns, Robert) [Transferred from cacd on 8/9/2018.]
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| 32 | 32
REPLY in Support of to Strike22 Motion to Strike Plaintiff's Supplemental Complaint as Strategic Lawsuit Against Public Participation [C.C.P. §425.16] filed by Defendant American Pain Society, Inc.. (Stewart, Meredith) [Transferred from cacd on 8/9/2018.]
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| 33 | 33
REPLY in Support of to Dismiss Case21 Motion to Dismiss Plaintiff's Supplemental Complaint [FRCP 12(b)(6)] filed by Defendant American Pain Society, Inc.. (Stewart, Meredith) [Transferred from cacd on 8/9/2018.]
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| Thursday, June 28, 2018 | ||
| 34 | 34 (IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Plaintiff's Motion to Dismiss for Lack of Subject Matter Jurisdiction and Remand (Fed. R. Civ. P. 12(B)(1)18 , Defendant American Pain Society, Inc.'s Motion to Dismiss to Plaintiff's Supplemental Complaint Pursuant to FRCP 12(b)(6)21 , and Defendant American Pain Society, Inc.'s Special Motion to Strike Plaintiff's Supplemental Complaint as Strategic Lawsuit Against Public Participation Pursuant to C.C.P. §425.1622 presently scheduled for hearing on June 29, 2018, are appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motions are taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY [Transferred from cacd on 8/9/2018.] (Entered: 06/28/2018) | |
| Wednesday, August 01, 2018 | ||
| 35 | 35
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee. In the present case, it appears that these time periods have not been met. Accordingly, the Court, on its own motion, orders plaintiff(s) to show cause in writing on or before August 15, 2018 why this action should not be dismissed as to defendants American Academy of Pain Medicine, Inc., American Pain Foundation, Inc., and The American Chronic Pain Association, Inc. for lack of prosecution. (lom) [Transferred from cacd on 8/9/2018.]
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| Thursday, August 02, 2018 | ||
| 36 | 36
RESPONSE filed by Plaintiff R D Burnsto Minutes of In Chambers Order/Directive - no proceeding held,,, Set/Reset Deadlines,,35 PLAINTIFFS RESPONSE TO COURTS ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION (Burns, Robert) [Transferred from cacd on 8/9/2018.]
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| Monday, August 06, 2018 | ||
| 37 | 37 (IN CHAMBERS) ORDER by Judge Dolly M. Gee. Having received Plaintiff's proof of services36 , that Order to Show Cause dated August 1, 2018 is DISCHARGED35 . IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY [Transferred from cacd on 8/9/2018.] | |
| 38 | 38
Transfer Order from the United States Judicial Panel on Multidistrict Litigation, MDL 2804, transferring case to USDC, Northern District of Ohio and assigned to Honorable Dan A. Polster. Case transferred electronically. (MD JS-6. Case Terminated.) (gk) [Transferred from cacd on 8/9/2018.]
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| Thursday, August 09, 2018 | ||
| 39 | 39
CASE TRANSFERRED IN from District of California Central. Case number 8:18-cv-00745. Original file, certified copy of transfer order and docket sheet received.
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