City of Ogdensburg 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 #: | 1:19-op-45852 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332 Diversity-Personal Injury |
| Case Filed: | Oct 17, 2019 |
| Case in other court: | New York Northern, 8:19-cv-00782 |
| Last checked: Friday Nov 08, 2019 8:28 PM EST |
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Defendant
RHODES TECHNOLOGIES
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Defendant
David A. Sackler
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Defendant
Beverly Sackler
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Defendant
SAJ Distributors
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Defendant
Rochester Drug Co-Operative, Inc.
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Defendant
Rite Aid of Maryland
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Defendant
Rite Aid Corp.
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Defendant
Rhodes Technologies Inc.
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Defendant
Rhodes Pharmaceuticals L.P.
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Defendant
Rhodes Pharmaceuticals Inc.
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Defendant
Raymond Sackler Family
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Defendant
Jonathan D. Sackler
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Defendant
Purdue Pharma L.P.
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Defendant
Purdue Pharma Inc
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Defendant
Purdue Frederick Company Inc.
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Defendant
Publix Supermarkets, Inc.
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Defendant
Prime Therapeutics, LLC
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Represented By
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Defendant
Par Pharmaceutical, Inc.
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Defendant
Par Pharmaceutical Companies, Inc.
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Defendant
PSS World Medical Inc.
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Defendant
Ortho-Mcneil-Janssen Pharmaceuticals Inc.
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Defendant
OptumRx Inc.
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Represented By
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Defendant
The Kroger Co.
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Defendant
West-Ward Pharmaceuticals Corp.
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Defendant
Watson Laboratories Inc.
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Defendant
Walgreens Boots Alliance Inc.
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Defendant
Walgreen Eastern Co.
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Defendant
Walgreen Co.
50 West Broad St., Suite 1330
Columbus, OH 43215 |
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Defendant
Wal-Mart Inc.
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Defendant
Value Drug Company
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Represented By
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Defendant
UnitedHealth Group Incorporated
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Represented By
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Defendant
Trust for the Benefit of Members of the Raymond Sackler Family
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Defendant
The P.F. Laboratories, Inc.
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Defendant
Optum, Inc.
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Represented By
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Defendant
Teva Pharmaceuticals USA, Inc.
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Defendant
Stuart D. Baker
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Defendant
SpecGX LLC
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Defendant
Smith Drug Company
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Defendant
Sandoz Inc.
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Defendant
Ilene Sackler Lefcourt
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Defendant
Theresa Sackler
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Defendant
Richard S. Sackler
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Defendant
Mortimer D.A. Sackler
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Defendant
Kathe A. Sackler
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Defendant
CVS Health Corporation
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Represented By
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Defendant
Endo Pharmaceuticals Inc.
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Defendant
Endo Health Solutions Inc.
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Defendant
Discount Drug Mart, Inc.
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Defendant
Darby Group Companies, Inc.
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Defendant
Cephalon Inc.
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Defendant
CaremarkPCS, L.L.C.
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Represented By
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Defendant
CaremarkPCS Health, L.L.C.
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Represented By
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Defendant
Caremark Rx, L.L.C.
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Represented By
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Defendant
Caremark LLC
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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
Eveready Wholesale Drugs Ltd
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Defendant
Blenheim Pharmacal Inc.
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Defendant
Bellco Drug Corp.
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Represented By
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Defendant
Anda Inc
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Defendant
Amneal Pharmaceuticals, Inc.
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Defendant
AmerisourceBergen Drug Corporation
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Represented By
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Defendant
American Medical Distributors, Inc.
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Defendant
Allergan PLC
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Defendant
Actavis Pharma, Inc.
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Defendant
Actavis LLC
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Defendant
Actavis Inc
874 Walker Road, Suite C
Dover, DE 19904 |
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Defendant
Express Scripts Holding Company
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Represented By
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Defendant
Noramco Inc
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Defendant
Navitus Holdings, LLC
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Represented By
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Defendant
Navitus Health Solutions, LLC
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Represented By
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Defendant
Mylan Pharmaceuticals Inc.
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Represented By
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Defendant
Morris & Dickson Co LLC
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Defendant
Miami-Luken Inc
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Defendant
McKesson Corporation
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Defendant
Mallinckrodt PLC
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Defendant
Mallinckrodt LLC
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Defendant
MORTIMER SACKLER FAMILY
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Defendant
Kinray, LLC
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Defendant
JOHN N KAPOOR
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Represented By
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Defendant
Johnson & Johnson
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Defendant
Janssen Pharmaceuticals Inc.
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Defendant
Janssen Pharmaceutica Inc.
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Defendant
Insys Therapeutics, Inc.
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Defendant
Henry Schein Medical Systems, Inc.
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Defendant
Henry Schein Inc.
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Defendant
HBC Service Company
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Defendant
Express Scripts Inc.
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Represented By
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Plaintiff
The City of Ogdensburg
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Represented By
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| Docket last updated: 03/02/2020 10:20 AM EST |
| Monday, July 01, 2019 | ||
| 1 | 1
NOTICE OF REMOVAL from St. Lawrence County Supreme Court, case number EFCV-19-155727 (Filing fee $400 receipt number ANYNDC-4787061) filed by Express Scripts, Inc., Prime Therapeutics LLC, CaremarkPCS, L.L.C., Caremark Rx, L.L.C., CaremarkPCS Health, L.L.C., Optum, Inc., Navitus Health Solutions, LLC, Express Scripts Holding Company, Navitus Holdings, LLC, CVS Health Corporation, UnitedHealth Group Incorporated, Caremark L.L.C., OptumRx Inc.(hmr) [Transferred from nynd on 10/17/2019.]
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Att: 1
9 pgs
Exhibit 1,
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Att: 2
16 pgs
Exhibit 2,
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Att: 3
Exhibit 3 - Civil Cover Sheet,
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Att: 4
322 pgs
Exhibit 4,
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Att: 5
Notice to Plaintiff of Removal to Federal Court
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| 2 | 2
322
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STATE COURT COMPLAINT relating to1 Notice of Removal. (hmr) [Transferred from nynd on 10/17/2019.]
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| 3 | 3
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Express Scripts Holding Company identifying Corporate Parent Cigna Corporation for Express Scripts Holding Company. (hmr) [Transferred from nynd on 10/17/2019.]
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| 4 | 4
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Express Scripts, Inc. identifying Corporate Parent Express Scripts Holding Company, Other Affiliate Cigna Corporation for Express Scripts, Inc. (hmr) [Transferred from nynd on 10/17/2019.]
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| Tuesday, July 02, 2019 | ||
| CLERK'S CORRECTION OF DOCKET ENTRY re10 Notice of Admission Requirement,6 Notice of Admission Requirement,9 Notice of Admission Requirement,7 Notice of Admission Requirement,8 Notice of Admission Requirement,5 Notice of Admission Requirement,: Clerk added "Copied mailed to Attorney via regular mail on 7/2/2019." to each of these docket entries. (hmr) [Transferred from nynd on 10/17/2019.] | ||
| 5 | 5
NOTICE of Admission Requirement as to Party Defendants, Express Scripts Holding Company and Express Scripts, Inc.; Attorney Adriana Riviere-Badell, Email address is adriana.riviere-badell@kobrekim.com. Phone number is (305) 967-6100. [Copy mailed to Attorney via regular mail on 7/2/2019.] Admissions due by 7/16/2019. (hmr) Modified on 7/2/2019 (hmr, ). [Transferred from nynd on 10/17/2019.]
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| 6 | 6
NOTICE of Admission Requirement as to Party Defendants Optum Rx, Inc., Optum, Inc. and UnitedHealth Group Incorporated; Attorney Brian D. Boone, Esq., Email address is brian.boone@alston.com. Phone number is (704) 444-1000. Admissions due by 7/16/2019. (hmr) Modified on 7/2/2019 (hmr, ).[Copy mailed to Attorney via regular mail on 7/2/2019.] [Transferred from nynd on 10/17/2019.]
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| 7 | 7
NOTICE of Admission Requirement as to Party OptumRx, Inc., Optum, Inc. and UnitedHealth Group Incorporated; Attorney Kimberly K. Chemerinsky, Email address is kim.chermerinsky@alston.com. Phone number is (213) 576-1000. Admissions due by 7/16/2019. (hmr) Modified on 7/2/2019 (hmr).[Copy mailed to Attorney via regular mail on 7/2/2019.] Modified on 7/2/2019 (hmr). [Transferred from nynd on 10/17/2019.]
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| 8 | 8
NOTICE of Admission Requirement as to Party Defendants Navitus Holdings, LLC and Navitus Health Solutions, LLC; Attorney Nicholas S. Davis, Email address is nick.davis@tklaw.com. Phone number is (212) 751-3001. Admissions due by 7/16/2019. (hmr) Modified on 7/2/2019 (hmr).[Copy mailed to Attorney via regular mail on 7/2/2019.] [Transferred from nynd on 10/17/2019.]
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| 9 | 9
NOTICE of Admission Requirement as to Party Defendant Prime Therapeutics LLC; Attorney Robert J. Gilbertson, Email address is BGilbertson@GreeneEspel.com. Phone number is (612)373-8330. Admissions due by 7/16/2019. (hmr) Modified on 7/2/2019 (hmr).[Copy mailed to Attorney via regular mail on 7/2/2019.] [Transferred from nynd on 10/17/2019.]
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| 10 | 10
NOTICE of Admission Requirement as to Party Defendants Navitus Holdings, LLC and Navitus Health Solutions, LLC; Attorney Timothy E. Hudson, Janelle L. Davis, Mackenzie Salenger, Email address is tim.hudson@tklaw.com, janelle.davis@tklan.com, mackenzie.salenger@tklaw.com. Phone number is (214)969-1700. Admissions due by 7/16/2019. (hmr) Modified on 7/2/2019 (hmr). [Copy mailed to Attorneys via regular mail on 7/2/2019.] [Transferred from nynd on 10/17/2019.]
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| 11 | 11
NOTICE of Admission Requirement as to Party OptumRx., Inc., Optum, Inc. and UnitedHealth Group Incorporated; Attorney William H. Jordan and Carolyn R. Strumph, Email address is bill.jordan@alston.com and caroline.strumph@alston.com. Phone number is (404) 881-7000. Admissions due by 7/16/2019. [Copied mailed to Attorneys via regular mail on 7/2/2019.] (hmr) [Transferred from nynd on 10/17/2019.]
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| 12 | 12
NOTICE of Admission Requirement as to Party Defendants Express Scripts Holding Company and Express Scripts, Inc.; Attorney Steven G. Kobre, Esq., Email address is Steven.Kobre@kobrekim.com. Phone number is (212) 488-1200. Admissions due by 7/16/2019. [Copy mailed to Attorney via regular mail on 7/2/2019.](hmr) [Transferred from nynd on 10/17/2019.]
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| 13 | 13
NOTICE of Admission Requirement as to Party Defendants CVS Health Corporation, Caremark Rx, L.L.C., CaremarkPCS Health, L.L.C. d/b/a CVS/Caremark; Caremark, L.L.C.and CaremarkPCS, L.L.C.; Attorney Shawn P. Naunton, Email address is snaunton@zuckerman.com. Phone number is (212) 704-9600. Admissions due by 7/16/2019. [Copy mailed to Attorney via regular mail on 7/2/2019.](hmr) [Transferred from nynd on 10/17/2019.]
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| 14 | 14
NOTICE of Admission Requirement as to Party Defendants CVS Health Corporation, Caremark Rx, L.L.C., CaremarkPCS Health, L.L.C. d/b/a CVS/Caremark; Caremark, L.L.C.and CaremarkPCS, L.L.C.;; Attorney Conor B. O'Croinin, Email address is cocroinin@zuckerman.com. Phone number is (410) 332-0444. [Copy mailed to Attorney via regular mail on 7/2/2019.] Admissions due by 7/16/2019. (hmr) [Transferred from nynd on 10/17/2019.]
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| 15 | 15
NOTICE of Admission Requirement as to Party Defendants Express Scripts Holding Company and Express Scripts, Inc; Attorney Julian W. Park, Email address is julian.park@kobrekim.com. Phone number is (415) 582-4800. Admissions due by 7/16/2019. [Copy mailed to Attorney via regular mail on 7/2/2019.](hmr) [Transferred from nynd on 10/17/2019.]
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| 16 | 16
NOTICE of Admission Requirement as to Party Plaintiff; Attorney Savatore C. Badala, Joseph L. Ciaccio and Shayna E. Sacks,.. Admissions due by 7/16/2019. [Copy mailed to attorney via regular mail on 7/2/2019.](hmr) [Transferred from nynd on 10/17/2019.]
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| 17 | 17
NOTICE of Admission Requirement as to Party Defendants CVS Health Corporation, Caremark Rx, L.L.C., CaremarkPCS Health, L.L.C. d/b/a CVS/Caremark; Caremark, L.L.C.and CaremarkPCS, L.L.C; Attorney Eric R. Delinsky, Email address is edelinsky@zuckerman.com. Phone number is (202) 778-1800. Admissions due by 7/16/2019. [Copy emailed to Attorney via regular mail on 7/2/2019/](hmr) [Transferred from nynd on 10/17/2019.]
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| 18 | 18
G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/20/2019 at 10:00 AM in Albany before Magistrate Judge Daniel J. Stewart. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/13/2019. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr) [Transferred from nynd on 10/17/2019.]
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| Wednesday, July 03, 2019 | ||
| ***Answer due date updated for CVS Health Corporation answer due 7/8/2019; Caremark L.L.C. answer due 7/8/2019; Caremark Rx, L.L.C. answer due 7/8/2019; CaremarkPCS Health, L.L.C. answer due 7/8/2019; CaremarkPCS, L.L.C. answer due 7/8/2019; Express Scripts Holding Company answer due 7/8/2019; Express Scripts, Inc. answer due 7/8/2019; Navitus Health Solutions, LLC answer due 7/8/2019; Navitus Holdings, LLC answer due 7/8/2019; Optum, Inc. answer due 7/8/2019; OptumRx Inc. answer due 7/8/2019; Prime Therapeutics LLC answer due 7/8/2019; UnitedHealth Group Incorporated answer due 7/8/2019. (hmr) [Transferred from nynd on 10/17/2019.] | ||
| Wednesday, July 10, 2019 | ||
| 19 | 19
NOTICE of Appearance by Steven L. Penaro on behalf of Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated (Penaro, Steven) [Transferred from nynd on 10/17/2019.]
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| Friday, July 12, 2019 | ||
| 20 | 20
RESPONSE TO6 ,7 , and11 Notice of Admission Requirements filed by Caroline Rawls Strumph, Esq. o/b/o Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated.(see) [Transferred from nynd on 10/17/2019.]
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Att: 1
Mailing envelope
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| 21 | 21
NOTICE of Appearance by Alexandria Swette on behalf of Express Scripts Holding Company, Express Scripts, Inc. (Swette, Alexandria) [Transferred from nynd on 10/17/2019.]
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| 22 | 22
NOTICE of Appearance by Matthew I. Menchel on behalf of Express Scripts Holding Company, Express Scripts, Inc. (Menchel, Matthew) [Transferred from nynd on 10/17/2019.]
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| 23 | 23
NOTICE by Express Scripts Holding Company, Express Scripts, Inc. re12 Notice of Admission Requirement,15 Notice of Admission Requirement,5 Notice of Admission Requirement, of Counsel of Record (Swette, Alexandria) [Transferred from nynd on 10/17/2019.]
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| Tuesday, July 16, 2019 | ||
| 24 | 24
NOTICE of Appearance by Shawn Patrick Naunton on behalf of CVS Health Corporation, Caremark L.L.C., Caremark Rx, L.L.C., CaremarkPCS Health, L.L.C., CaremarkPCS, L.L.C. (Naunton, Shawn) [Transferred from nynd on 10/17/2019.]
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| 25 | 25
Letter from Attorney Tim Hudson re:8 Notice of Admission Requirement and10 Notice of Admission Requirement by Navitus Health Solutions, LLC, Navitus Holdings, LLC. (hmr) [Transferred from nynd on 10/17/2019.]
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| 26 | 26
NOTICE of Appearance by Nicholas S Davis on behalf of Navitus Health Solutions, LLC, Navitus Holdings, LLC (Davis, Nicholas) [Transferred from nynd on 10/17/2019.]
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| Friday, July 26, 2019 | ||
| 27 | 27
Consent Letter Motion from James M. Wicks for Cardinal Health Inc. requesting Extension of Time to Answer, Move, or Otherwise Respond to Complaint and to Conduct Fed. R. Civ. P. 26(f) Conference, submitted to Judge David N. Hurd .(Wicks, James) [Transferred from nynd on 10/17/2019.]
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Att: 1
Exhibit(s) A - Proposed Order Extending Time to Answer, Move, or Otherwise Respond to Complaint and to Conduct Fed. R. Civ. P. 26(f) Conference,
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| Monday, July 29, 2019 | ||
| 28 | 28
ORDER granting27 Consent Motion for an Extension of Time. The time for Defendants Cardinal Health Inc., AmerisourceBergen Drug Corporation, Bellco Drug Corp., McKesson Corporation and PSS World Medical, Inc., to answer, move or otherwise respond to the Complaint in this matter and to conduct the 26(f) planning conference is extended until sixty (60) days following: 1) The Court's ruling on any motions to remand or 2) A final decision by the JPML on transfer of this action to the Opiate MDL, whichever is later. Signed by Magistrate Judge Daniel J. Stewart on 7/29/2019. (mab) [Transferred from nynd on 10/17/2019.]
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| Tuesday, July 30, 2019 | ||
| 29 | 29
Consent Letter Motion from Shawn P. Naunton for CVS Health Corporation, Caremark L.L.C., Caremark Rx, L.L.C., CaremarkPCS Health, L.L.C., CaremarkPCS, L.L.C. requesting Extension of Time to Answer, Move of Otherwise Respond to Complaint and To Conduct Fed. R. Civ. P. 26(f) Conference submitted to Judge David N. Hurd on behalf of CVS Health Corporation, Caremark Rx, L.L.C., Caremark, L.L.C., CaremarkPCS Health, L.L.X., CaremarkPCS, L.L.C., Walgreen Co.; Walgreen Eastern Co.; Walgreens Boots Alliance, Inc.; Rite Aid Corporation and Rite Aid of Maryland, Inc. d/b/a Rite Aid Mid Atlantic Customer Support Center; Walmart Inc., Prime Therapeutics LLC, Navitus Holdings, LLC, Navitus Health Solutions, LLC, UnitedHealth Group Incorporated, Optum, Inc., OptumRx, Inc., Express Scripts Holding Company, Express Scripts, Inc., and Anda, Inc. .(Naunton, Shawn) [Transferred from nynd on 10/17/2019.]
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Att: 1
Exhibit(s) A (Proposed Order Extending Time to Answer, Move of Otherwise Respond to Complaint and To Conduct Fed. R. Civ. P. 26(f) Conference)
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| Wednesday, July 31, 2019 | ||
| 30 | 30
MOTION to Remand to State Court Motion Hearing set for 9/13/2019 10:00 AM in Utica before Judge David N. Hurd Response to Motion due by 8/27/2019 Reply to Response to Motion due by 9/3/2019. filed by The City of Ogdensburg. (Shkolnik, Hunter) [Transferred from nynd on 10/17/2019.]
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Att: 1
Memorandum of Law,
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Att: 2
Declaration,
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Att: 3
Exhibit(s) Summons and Complaint,
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Att: 4
Exhibit(s) 2017 NY Transfer Order
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| 31 | 31
Letter Motion for The City of Ogdensburg requesting Expedited Hearing on its Motion to Remand submitted to Judge David N. Hurd . (Shkolnik, Hunter) [Transferred from nynd on 10/17/2019.]
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| Thursday, August 01, 2019 | ||
| 32 | 32
ORDER granting29 Consent Motion for Extension of Time. The time for Defendants CVS Health Corporation, Caremark Rx, L.L.C, CaremarkPCS Health, L.L.C., Caremark L.L.C., CaremarksPCS, L.L.C., Walgreen Co., Walgreen Eastern Co., Walgreens Boots Alliance, Inc., Rite Aid Corporation, Rite Aid of Maryland, Inc., Wal-Mart Inc., Prime Therapeutics LLC, Navitus Holdings, LLC, Navitus Health Solutions, LLC, UnitedHealth Group Incorporated, Optum, Inc., OptumRx Inc., Express Scripts Holding Company, Express Scripts, Inc., and Anda, Inc., to answer, move or otherwise respond to the Complaint in this matter and to conduct the 26(f) planning conference is extended until thirty (30) days following: 1)A final decision by the JPML on transfer of this action to the Opiate MDL; or 2)This Court's ruling on Plaintiff's motion to remand, whichever is later. Signed by Magistrate Judge Daniel J. Stewart on 8/1/2019. (mab) [Transferred from nynd on 10/17/2019.]
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| Friday, August 02, 2019 | ||
| TEXT NOTICE: The Rule 16 Initial Conference set for August 20, 2019 before Magistrate Judge Daniel J. Stewart and the deadline for the parties to file a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date at this time. (mab) [Transferred from nynd on 10/17/2019.] | ||
| 33 | 33
LETTER BRIEF in Opposition to Plaintiff's Letter Motion for Expedited Hearing on Motion to Remand by Express Scripts, Inc.. (Swette, Alexandria) [Transferred from nynd on 10/17/2019.]
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| Monday, August 05, 2019 | ||
| 34 | 34
NOTICE of Appearance by James M. Wicks on behalf of Cardinal Health Inc. (Wicks, James) [Transferred from nynd on 10/17/2019.]
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| 35 | 35
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Cardinal Health Inc.. (Wicks, James) [Transferred from nynd on 10/17/2019.]
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| Tuesday, August 06, 2019 | ||
| 36 | 36
NOTICE of Appearance by Steven G Kobre on behalf of Express Scripts Holding Company, Express Scripts, Inc. (Kobre, Steven) [Transferred from nynd on 10/17/2019.]
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| 37 | 37
NOTICE of Appearance by Paul E. Asfendis on behalf of AmerisourceBergen Drug Corporation, Bellco Drug Corp. (Asfendis, Paul) [Transferred from nynd on 10/17/2019.]
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| 38 | 38
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by AmerisourceBergen Drug Corporation, Bellco Drug Corp. identifying Corporate Parent AmerisourceBergen Corporation, Corporate Parent AmerisourceBergen Services Corporation for AmerisourceBergen Drug Corporation, Bellco Drug Corp... (Asfendis, Paul) [Transferred from nynd on 10/17/2019.]
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| Wednesday, August 07, 2019 | ||
| 39 | 39
Letter Motion from Defendant Express Scripts, Inc. and Plaintiff City of Ogdensburg for Express Scripts, Inc. requesting Conference concerning a non-dispositive motion under Local Rule 7.1(b)(2) submitted to Judge Daniel J. Stewart . (Swette, Alexandria) [Transferred from nynd on 10/17/2019.]
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| 40 | 40
NOTICE of Appearance by Jillian K. Farrar on behalf of Prime Therapeutics LLC (Farrar, Jillian) [Transferred from nynd on 10/17/2019.]
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| 41 | 41
RESPONSE TO LETTER BRIEF filed by Prime Therapeutics LLC as to9 Notice of Admission Requirement, . (Farrar, Jillian) [Transferred from nynd on 10/17/2019.]
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| Wednesday, August 14, 2019 | ||
| 42 | 42
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Navitus Health Solutions, LLC, Navitus Holdings, LLC identifying Corporate Parent Dean Health Systems, Inc., Corporate Parent FPP, Inc., Corporate Parent SSM Health Care Corporation for Navitus Health Solutions, LLC, Navitus Holdings, LLC.. (Davis, Nicholas) [Transferred from nynd on 10/17/2019.]
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| 43 | 43
MOTION for Limited Admission Pro Hac Vice of Timothy E. Hudson Filing fee $100, receipt number ANYNDC-4838096. filed by Navitus Health Solutions, LLC, Navitus Holdings, LLC. Motions referred to Daniel J. Stewart. (Davis, Nicholas) [Transferred from nynd on 10/17/2019.]
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Att: 1
Exhibit(s) A - Petition,
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Att: 2
Exhibit(s) B - Sponsor Declaration,
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Att: 3
Exhibit(s) C - Attorney Registration,
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Att: 4
Proposed Order/Judgment
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| Monday, August 19, 2019 | ||
| 44 | 44
NOTICE of Appearance by Kacey E. Walker on behalf of John N. Kapoor (Walker, Kacey) [Transferred from nynd on 10/17/2019.]
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| Tuesday, August 20, 2019 | ||
| 45 | 45
MOTION for Limited Admission Pro Hac Vice of Kim K. Chemerinsky Filing fee $100, receipt number ANYNDC-4844267. filed by Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated. Motions referred to Daniel J. Stewart. (Penaro, Steven) [Transferred from nynd on 10/17/2019.]
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Att: 1
Declaration of Kim K. Chemerinsky,
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Att: 2
E-Filing Registration Form,
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Att: 3
Petition of Kimberly K. Chemerinsky,
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Att: 4
Certificate of Good Standing
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| 46 | 46
MOTION for Limited Admission Pro Hac Vice of Caroline R. Strumph Filing fee $100, receipt number ANYNDC-4844314. filed by Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated. Motions referred to Daniel J. Stewart. (Penaro, Steven) [Transferred from nynd on 10/17/2019.]
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Att: 1
Declaration of Steven L. Penaro,
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Att: 2
E-Filing Registration Form,
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Att: 3
Petition of Caroline R. Strumph,
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Att: 4
Certificate of Good Standing
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| Wednesday, August 21, 2019 | ||
| 47 | 47
NOTICE of Appearance by Thomas S. Lane on behalf of Value Drug Company (Lane, Thomas) [Transferred from nynd on 10/17/2019.]
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| 48 | 48
Letter Motion from Thomas S. Lane for Value Drug Company requesting that the Court grant this application on consent and enter an order extending the time for Value Drug Company to answer, move, or otherwise respond to the Complaint and to conduct the Rule 26(f) planning conference until 60 days following: (1) a final decision by the JPML on transfer of this action to the Opiate MDL; or (2) this Courts ruling on Plaintiffs motion to remand, whichever is later submitted to Judge Daniel J. Stewart .(Lane, Thomas) [Transferred from nynd on 10/17/2019.]
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Att: 1
Proposed Order/Judgment Ex A
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| 49 | 49 TEXT ORDER granting43 Motion for Limited Admission Pro Hac Vice. Attorney Timothy E. Hudson is hereby admitted to practice in this action on behalf of Defendants Navitus Holdings, LLC and Navitus Health Solutions, LLC. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 8/21/2019. (mab) [Transferred from nynd on 10/17/2019.] | |
| 50 | 50 TEXT ORDER granting45 Motion for Limited Admission Pro Hac Vice. Attorney Kim K. Chemerinsky is hereby admitted to practice in this action on behalf of Defendants Optum, Inc., OptumRx, Inc., and UnitedHealth Group Incorporated. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 8/21/2019. (mab) [Transferred from nynd on 10/17/2019.] | |
| 51 | 51 TEXT ORDER granting46 Motion for Limited Admission Pro Hac Vice. Attorney Caroline R. Strumph is hereby admitted to practice in this action on behalf of Defendants Optum, Inc., OptumRx, Inc., and UnitedHealth Group Incorporated. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 8/21/2019. (mab) [Transferred from nynd on 10/17/2019.] | |
| Thursday, August 22, 2019 | ||
| 52 | 52
ORDER granting48 Consent Motion for Extension of Time. The time for Defendant Value Drug Company to answer, move or otherwise respond to the Complaint in this matter and to conduct the 26(f) planning conference is extended until sixty (60) days following: 1) A final decision by the JPML on transfer of this action to the Opiate MDL; or 2) This Court's ruling on Plaintiffs motion to remand, whichever is later. Signed by Magistrate Judge Daniel J. Stewart on 8/21/2019. (mab) [Transferred from nynd on 10/17/2019.]
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| 53 | 53
STIPULATION regarding Service of the Summons and Complaint by CVS Health Corporation, Caremark L.L.C., Caremark Rx, L.L.C., CaremarkPCS Health, L.L.C., CaremarkPCS, L.L.C. submitted to Judge David N. Hurd. (Naunton, Shawn) [Transferred from nynd on 10/17/2019.]
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| 54 | 54
MOTION for Limited Admission Pro Hac Vice of Brian D. Boone Filing fee $100, receipt number ANYNDC-4847739. filed by Optum, Inc., OptumRx Inc., UnitedHealth Group Incorporated. Motions referred to Daniel J. Stewart. (Penaro, Steven) [Transferred from nynd on 10/17/2019.]
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Att: 1
Declaration of Steven L. Penaro,
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Att: 2
E-Filing Registration Form,
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Att: 3
Petition of Brian D. Boone,
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Att: 4
Certificates of Good Standing,
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Att: 5
Proposed Order
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| Friday, August 23, 2019 | ||
| 55 | 55
NOTICE of Appearance by Adriana Riviere-Badell on behalf of Express Scripts Holding Company, Express Scripts, Inc. (Riviere-Badell, Adriana) [Transferred from nynd on 10/17/2019.]
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| 56 | 56
NOTICE of Appearance by Alana Montas on behalf of Express Scripts Holding Company, Express Scripts, Inc. (Montas, Alana) [Transferred from nynd on 10/17/2019.]
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| 57 | 57
NOTICE of Appearance by Julian W. Park on behalf of Express Scripts Holding Company, Express Scripts, Inc. (Park, Julian) [Transferred from nynd on 10/17/2019.]
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| Tuesday, August 27, 2019 | ||
| 58 | 58
RESPONSE in Opposition re30 MOTION to Remand to State Court (i.e., Memorandum w/attached Certificate of Service) filed by Value Drug Company. (Lane, Thomas) [Transferred from nynd on 10/17/2019.]
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| 59 | 59
Letter Motion for Express Scripts, Inc. requesting permission to file a motion to temporarily stay all proceedings submitted to Judge Daniel J. Stewart .(Swette, Alexandria) [Transferred from nynd on 10/17/2019.]
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Att: 1
Proposed Notice of Motion to Stay All Proceedings,
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Att: 2
Memorandum in Support of Proposed Motion to Stay,
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Att: 3
Declaration and Exhibits in Support of Proposed Motion to Stay,
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Att: 4
Proposed Order Granting Motion to Stay
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| 60 | 60
RESPONSE in Opposition re30 MOTION to Remand to State Court filed by Express Scripts, Inc., CVS Health Corporation, Caremark RX, L.L.C., CaremarkPCS Health L.L.C., Caremark, L.L.C., CaremarkPCS, LLC, UnitedHealth Group Incorporated, Optum, Inc., OptumRX Inc., Prime Therapeutics LLC, Navitus Holdings, LLC and Navitus Health Solutions, LLC.(Riviere-Badell, Adriana) Modified on 9/3/2019 (hmr). [Transferred from nynd on 10/17/2019.]
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Att: 1
Declaration of Adriana Riviere-Badell,
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Att: 2
Exhibit(s) 1,
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Att: 3
Exhibit(s) 2,
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Att: 4
Exhibit(s) 3,
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Att: 5
Exhibit(s) 4,
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Att: 6
Exhibit(s) 5,
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Att: 7
Exhibit(s) 6,
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Att: 8
Exhibit(s) 7
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| Wednesday, August 28, 2019 | ||
| 61 | 61 TEXT ORDER granting54 Motion for Limited Admission Pro Hac Vice. Attorney Brian D. Boone is hereby admitted to practice in this action on behalf of Defendants Optum, Inc., OptumRx, Inc., and UnitedHealth Group Incorporated. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. Signed by Magistrate Judge Daniel J. Stewart on 8/28/2019. (mab) [Transferred from nynd on 10/17/2019.] | |
| 62 | 62
NOTICE of Appearance by Timothy Hudson on behalf of Navitus Health Solutions, LLC, Navitus Holdings, LLC (Hudson, Timothy) [Transferred from nynd on 10/17/2019.]
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| Thursday, August 29, 2019 | ||
| TEXT NOTICE as to Defendants'64 MOTION for a Stay. Plaintiff is to file a response to the motion by 9/6/2019. Pursuant to N.Y.N.D.L.R. 7.1 (b)(2), a Reply is not permitted without permission of the Court. The motion is returnable before Magistrate Judge Daniel J. Stewart and is on SUBMIT only. No personal appearances are required unless otherwise ordered by the Court. (mab) [Transferred from nynd on 10/17/2019.] | ||
| 63 | 63 TEXT ORDER: On August 7, 2019, Defendants filed a Letter Request seeking a conference to address their intent to file a Motion for a Stay in this matter. Dkt. No.39 . On August 27, 2019, Defendants filed a Letter Request seeking permission to file a Motion for a Stay and attached a proposed motion for the Court's consideration. Dkt. No.59 . Defendants' request to file their attached Motion for a Stay is GRANTED and the Clerk of the Court is directed to file such motion on the case docket. Defendants' previous request seeking a conference is DENIED as moot. SO ORDERED by Magistrate Judge Daniel J. Stewart on 8/29/2019. (mab) [Transferred from nynd on 10/17/2019.] | |
| 64 | 64
MOTION for a Stay of this case filed by Defendants.. Motions referred to Daniel J. Stewart. (mab) [Transferred from nynd on 10/17/2019.]
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Att: 1
Memorandum of Law,
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Att: 2
Declaration of Adriana Riviere-Badell,
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Att: 3
Proposed Order/Judgment
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| 65 | 65
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Caremark L.L.C. identifying Corporate Parent CVS Health Corporation for Caremark L.L.C... (Naunton, Shawn) [Transferred from nynd on 10/17/2019.]
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| 66 | 66
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Caremark Rx, L.L.C. identifying Corporate Parent CVS Health Corporation for Caremark Rx, L.L.C... (Naunton, Shawn) [Transferred from nynd on 10/17/2019.]
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| 67 | 67
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by CaremarkPCS, L.L.C. identifying Corporate Parent CVS Health Corporation for CaremarkPCS, L.L.C... (Naunton, Shawn) [Transferred from nynd on 10/17/2019.]
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| 68 | 68
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by CaremarkPCS Health, L.L.C. identifying Corporate Parent CVS Health Corporation for CaremarkPCS Health, L.L.C... (Naunton, Shawn) [Transferred from nynd on 10/17/2019.]
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| 69 | 69
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by CVS Health Corporation. (Naunton, Shawn) [Transferred from nynd on 10/17/2019.]
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| Friday, August 30, 2019 | ||
| 70 | 70
MOTION for Extension of Time to File Answer filed by John N. Kapoor. Motions referred to Daniel J. Stewart. (Walker, Kacey) [Transferred from nynd on 10/17/2019.]
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Att: 1
Exhibit(s) A
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| Tuesday, September 03, 2019 | ||
| CLERK'S CORRECTION OF DOCKET ENTRY re60 Response in Opposition to Motion, Clerk added "CVS Health Corporation, Caremark RX, L.L.C., CaremarkPCS Health L.L.C., Caremark, L.L.C., CaremarkPCS, LLC, UnitedHealth Group Incorporated, Optum, Inc., OptumRX Inc., Prime Therapeutics LLC, Navitus Holdings, LLC and Navitus Health Solutions, LLC" to this docket entry. (hmr) [Transferred from nynd on 10/17/2019.] | ||
| 71 | 71
NOTICE of Admission Requirement as to Party Value Drug Company; Attorney Charles E. Graney, Email address is tgraney@websterszanyi.com. Phone number is (716) 842-2800; Attorney James R. Hankle, Email address is jrh@sgkpc.com. Phone number is (412) 355-0200; Attorney Nicholas L. Fiske, Email address is nlf@sgkpc.com. Phone number is (412) 355-0200, Attorney Marjorie F. Bagnato, Email address is mfb@sgkpc. Phone number is (412) 355-0200.Admissions due by 9/17/2019. [Copy of Notice emailed to Attorney Graney, Attorney Hankle, Attorney Fiske and Attorney Bagnato on 9/3/2019.](hmr) [Transferred from nynd on 10/17/2019.]
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| 72 | 72
REPLY to Response to Motion re30 MOTION to Remand to State Court filed by The City of Ogdensburg.(Shkolnik, Hunter) [Transferred from nynd on 10/17/2019.]
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Att: 1
Exhibit(s) 1- MDL Order Regarding Remands
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| Wednesday, September 04, 2019 | ||
| 73 | 73
NOTICE of Appearance by Phoebe A. Wilkinson on behalf of Mylan Pharmaceuticals, Inc. (Wilkinson, Phoebe) [Transferred from nynd on 10/17/2019.]
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| 74 | 74
FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Mylan Pharmaceuticals, Inc. identifying Corporate Parent Mylan Inc., Corporate Parent Mylan N.V. for Mylan Pharmaceuticals, Inc... (Wilkinson, Phoebe) [Transferred from nynd on 10/17/2019.]
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| 75 | 75
Letter Motion from Phoebe A. Wilkinson for Mylan Pharmaceuticals, Inc. requesting that the time for Mylan Pharmaceuticals, Inc. to answer, move, or otherwise respond to the Complaint, and to conduct the FRCP 26(f) planning conference be extended until sixty (60) days following: (1) this Courts ruling on any motion to remand, or (2) a final decision by the Judicial Panel on Multidistrict Litigation on transfer of this action to the multidistrict litigation for opioid-related actions, whichever is later submitted to Judge David N. Hurd . (Wilkinson, Phoebe) [Transferred from nynd on 10/17/2019.]
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| Friday, September 06, 2019 | ||
| 76 | 76
RESPONSE in Opposition re64 MOTION to Stay filed by The City of Ogdensburg.(Shkolnik, Hunter) [Transferred from nynd on 10/17/2019.]
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Att: 1
Declaration,
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Att: 2
Exhibit(s) 1- MDL Order Regarding Remands
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| Tuesday, September 10, 2019 | ||
| Set Deadlines: Status Report due by Monday, December 9, 2019. (ptm) [Transferred from nynd on 10/17/2019.] | ||
| 77 | 77
ORDER granting70 Consent Motion for Extension of Time. The time for Defendant John N. Kapoor to answer, move or otherwise respond to the Complaint in this matter is extended until sixty (60) days following: 1) This Court's ruling on Plaintiffs motion to remand, or 2) A final decision by the JPML on transfer of this action to the Opiate MDL, whichever is later. Signed by Magistrate Judge Daniel J. Stewart on 9/10/2019. (mab) [Transferred from nynd on 10/17/2019.]
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| 78 | 78
ORDER granting75 Consent Motion for Extension of Time. The time for Defendant Mylan Pharmaceuticals Inc. to answer, move or otherwise respond to the Complaint in this matter is extended until sixty (60) days following: 1) This Court's ruling on Plaintiff's motion to remand, or 2) A final decision by the JPML on transfer of this action to the Opiate MDL, whichever is later. Signed by Magistrate Judge Daniel J. Stewart on 9/10/2019. (mab) [Transferred from nynd on 10/17/2019.]
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| 79 | 79 TEXT ORDER granting64 MOTION for a Stay of this case filed by Defendants. This matter is STAYED pending a final decision by the Judicial Panel on Multi-District Litigation (JPML) regarding whether this matter should be transferred to MDL No. 2804. See, e.g., Brockel ex. rel. Brockel v. Purdue Pharma L.P., 2018 WL 3113912 (S.D. Ala. 2018) (finding entry of a discretionary stay warranted to allow the [JPML] proceedings (specifically any rulings regarding the motion to vacate the conditional transfer order) to continue before resolving pending motion to remand). If so, the pending remand motion can be presented to and decided by the transferee judge. In re Prudential Ins. Co. of Am. Sales Practice Litig., 170 F. Supp. 2d 1346 (J.P.M.L. 2001) . If not, the Court will consider the motion upon termination of the stay. Parties are directed to file a status report in 90 days unless transfer occurs before then. So Ordered by Judge David N. Hurd on 9/10/2019. (ptm) [Transferred from nynd on 10/17/2019.] | |
| Thursday, September 26, 2019 | ||
| 80 | 80
NOTICE of Appearance by Charles E. Graney on behalf of Value Drug Company (Graney, Charles) [Transferred from nynd on 10/17/2019.]
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| Wednesday, October 02, 2019 | ||
| 81 | 81
JPMDL TRANSFER ORDER. Case is ordered transferred to Northern District of Ohio for inclusion into MDL-2804 National Prescription Opiate Litigation. Case to be assigned to the Hon. Dan A. Polster, U.S. District Judge. (plp) [Transferred from nynd on 10/17/2019.]
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| Thursday, October 17, 2019 | ||
| 82 | 82
CASE TRANSFERRED IN from District of New York Northern. Case number 8:19-cv-00782. Original file, certified copy of transfer order and docket sheet received.
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