Allegany County v. Purdue Pharma Lp 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-46151 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1332 Diversity-Petition for Removal |
| Case Filed: | Dec 23, 2019 |
| Case in other court: | New York Eastern, 2:19-cv-04891 |
| Last checked: Thursday Jan 02, 2020 1:03 PM EST |
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Defendant
Rochester Drug Co-Operative, Inc.
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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
RITE AID OF MARYLAND, INC,
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Defendant
RHODES TECHNOLOGIES
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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
SAJ Distributors
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Defendant
Prime Therapeutics, LLC
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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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Defendant
Optum, Inc.
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Defendant
Noramco Inc
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Defendant
Navitus Holdings, LLC
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Defendant
Navitus Health Solutions, LLC
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Defendant
The P.F. Laboratories, Inc.
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Defendant
West-Ward Pharmaceuticals Corp
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Represented By
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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
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Defendant
Wal-Mart Inc.
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Defendant
Value Drug Company
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Defendant
UnitedHealth Group Incorporated
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Defendant
Trust for the Benefit of Members of the Raymond Sackler Family
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Defendant
Theresa Sackler
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Defendant
Mylan Pharmaceuticals Inc.
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Defendant
The Kroger Co.
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Defendant
Teva Pharmeceuticals USA, Inc.
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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
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
Jonathan D. Sackler
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Defendant
David A. Sackler
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Defendant
Bellco Drug Corp.
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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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Defendant
CaremarkPCS Health, L.L.C.
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Defendant
Caremark Rx, L.L.C.
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Defendant
Caremark LLC
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Defendant
Cardinal Health Inc.
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Defendant
CVS Health Corporation
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Defendant
Blenheim Pharmacal Inc.
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Defendant
Beverly Sackler
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Defendant
Discount Drug Mart, Inc.
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Defendant
Stuart D. Baker
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Defendant
Anda Inc
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Represented By
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Defendant
Amneal Pharmaceuticals Inc.
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Defendant
AmerisourceBergen Drug Corporation
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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
Janssen Pharmaceutica Inc.
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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
Endo Health Solutions Inc.
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Defendant
Insys Therapeutics Inc.
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Defendant
Ilene Sackler Lefcourt
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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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Defendant
Express Scripts Holding Company
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Represented By
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Defendant
Eveready Wholesale Drugs Ltd
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Defendant
Endo Pharmaceuticals Inc
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Plaintiff
Allegany County
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Publix Supermarkets, Inc.
Terminated: 12/24/2019
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| Docket last updated: 03/02/2020 10:08 AM EST |
| Tuesday, August 27, 2019 | ||
| 1 | 1
NOTICE OF REMOVAL by Express Scripts Holding Company, Express Scripts Inc. from Supreme Court of the State of New York, County of Suffolk, case number 400025/2019. (Filing fee $400 receipt number ANYEDC-11797988) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Swette, Alexandria) Modified on 8/28/2019 (Rodin, Deanna). [Transferred from nyed on 12/23/2019.]
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Att: 1
9 pgs
Exhibit,
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Att: 2
2 pgs
Exhibit,
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Att: 3
116 pgs
Exhibit,
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Att: 4
Civil Cover Sheet,
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Att: 5
337 pgs
Exhibit
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| 2 | 2
NOTICE by Express Scripts Holding Company, Express Scripts Inc. re1 Notice of Removal, to Plaintiff (Swette, Alexandria) [Transferred from nyed on 12/23/2019.]
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| 3 | 3
Corporate Disclosure Statement by Express Scripts Holding Company identifying Corporate Parent Cigna Corporation for Express Scripts Holding Company. (Swette, Alexandria) [Transferred from nyed on 12/23/2019.]
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| 4 | 4
Corporate Disclosure Statement by Express Scripts Inc. identifying Corporate Parent Express Scripts Holding Company, Other Affiliate Cigna Corporation for Express Scripts Inc.. (Swette, Alexandria) [Transferred from nyed on 12/23/2019.]
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| Wednesday, August 28, 2019 | ||
| Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Steven Tiscione. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna) [Transferred from nyed on 12/23/2019.] | ||
| 5 | 5
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) [Transferred from nyed on 12/23/2019.]
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| 6 | 6
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:[LINK:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf] . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Rodin, Deanna) [Transferred from nyed on 12/23/2019.]
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| 7 | 7
Notice of Related Case indicated on the civil cover sheet in case number 19cv4891 (Rodin, Deanna) [Transferred from nyed on 12/23/2019.]
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| Wednesday, September 04, 2019 | ||
| 8 | 8
NOTICE of Appearance by Alexandria Elvira Swette on behalf of Express Scripts Holding Company, Express Scripts Inc. (notification declined or already on case) (Swette, Alexandria) [Transferred from nyed on 12/23/2019.]
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| 9 | 9
NOTICE of Appearance by Steven Gary Kobre on behalf of Express Scripts Holding Company, Express Scripts Inc. (aty to be noticed) (Kobre, Steven) [Transferred from nyed on 12/23/2019.]
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| 10 | 10
NOTICE of Appearance by Matthew Menchel on behalf of Express Scripts Holding Company, Express Scripts Inc. (aty to be noticed) (Menchel, Matthew) [Transferred from nyed on 12/23/2019.]
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| 11 | 11
NOTICE of Appearance by Alana Fatima Montas on behalf of Express Scripts Holding Company, Express Scripts Inc. (aty to be noticed) (Montas, Alana) [Transferred from nyed on 12/23/2019.]
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| Tuesday, September 10, 2019 | ||
| ORDER REASSIGNING CASE. Case reassigned to Chief Judge Dora Lizette Irizarry for all further proceedings. Judge Kiyo A. Matsumoto no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 9/10/2019. (Bowens, Priscilla) [Transferred from nyed on 12/23/2019.] | ||
| Friday, September 13, 2019 | ||
| ORDER REASSIGNING CASE. Case reassigned to Judge Roslynn R. Mauskopf for all further proceedings. Chief Judge Dora Lizette Irizarry no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such.Ordered by Chief Judge Dora Lizette Irizarry on 9/13/2019. (Marziliano, August) [Transferred from nyed on 12/23/2019.] | ||
| Wednesday, September 18, 2019 | ||
| 12 | 12
STATE COURT RECORD RECEIVED from Suffolk County Clerk's Office re: Notice of Removal Index #400025/19. (Galeano, Sonia) [Transferred from nyed on 12/23/2019.]
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| Friday, September 20, 2019 | ||
| 13 | 13
Proposed MOTION to Stay Briefing Schedule by Express Scripts Inc.. (Montas, Alana) [Transferred from nyed on 12/23/2019.]
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| Thursday, September 26, 2019 | ||
| 14 | 14
MOTION to Remand to State Court by Allegany County. (Shkolnik, Hunter) [Transferred from nyed on 12/23/2019.]
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Att: 1
Memorandum in Support,
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Att: 2
Declaration,
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Att: 3
322 pgs
Exhibit A - Summons and Complaint,
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Att: 4
Exhibit B - 2017 NY Transfer Order
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| 15 | 15
MOTION to Expedite Motion to Remand by Allegany County. (Shkolnik, Hunter) [Transferred from nyed on 12/23/2019.]
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Att: 1
Memorandum in Support
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| Thursday, October 03, 2019 | ||
| 16 | 16
NOTICE of Appearance by Kurt Michael Mullen on behalf of John N. Kapoor (aty to be noticed) (Mullen, Kurt) [Transferred from nyed on 12/23/2019.]
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| 17 | 17
RESPONSE in Opposition re15 MOTION to Expedite Motion to Remand filed by Express Scripts Inc.. (Montas, Alana) [Transferred from nyed on 12/23/2019.]
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| Thursday, October 10, 2019 | ||
| 18 | 18
REPLY in Opposition re14 MOTION to Remand to State Court filed by Express Scripts Inc.. (Montas, Alana) [Transferred from nyed on 12/23/2019.]
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Att: 1
Declaration,
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Att: 2
Exhibit,
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Att: 3
Exhibit,
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Att: 4
Exhibit,
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Att: 5
Exhibit,
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Att: 6
Exhibit,
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Att: 7
Exhibit,
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Att: 8
Exhibit
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| 19 | 19
REPLY to Response to Motion re15 MOTION to Expedite Motion to Remand filed by Allegany County. (Shkolnik, Hunter) [Transferred from nyed on 12/23/2019.]
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| Thursday, October 17, 2019 | ||
| 20 | 20
REPLY to Response to Motion re14 MOTION to Remand to State Court filed by Allegany County. (Shkolnik, Hunter) [Transferred from nyed on 12/23/2019.]
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Att: 1
Exhibit 1- MDL Order Regarding Remands
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| 21 | 21
NOTICE by Express Scripts Inc. of Supplemental Authority (Swette, Alexandria) [Transferred from nyed on 12/23/2019.]
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Att: 1
Exhibit,
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Att: 2
Exhibit
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| Friday, November 22, 2019 | ||
| 22 | 22
Letter MOTION for Extension of Time to File Response to Plaintiff's Complaint, on consent, by West-Ward Pharmaceuticals Corp.. (Connelly, Luke) [Transferred from nyed on 12/23/2019.]
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Att: 1
Proposed Order
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| Sunday, November 24, 2019 | ||
| ORDER granting22 Motion for Extension of Time to File: The time for Defendant to respond to the complaint is extended to 30 days following the District Courts ruling on the motion to remand or a ruling is issued to transfer the case to the Opiate MDL. So Ordered by Magistrate Judge Steven Tiscione on 11/24/2019. (Vasquez, Lea) [Transferred from nyed on 12/23/2019.] | ||
| Monday, December 02, 2019 | ||
| 23 | 23
MOTION for Extension of Time to File Answer by John N. Kapoor. (Mullen, Kurt) [Transferred from nyed on 12/23/2019.]
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| Tuesday, December 03, 2019 | ||
| ORDER deferring ruling on23 Motion for Extension of Time to Answer: Counsel for Plaintiff shall file a response to Defendant's application by December 6th. So Ordered by Magistrate Judge Steven Tiscione on 12/3/2019. (Vasquez, Lea) [Transferred from nyed on 12/23/2019.] | ||
| Thursday, December 05, 2019 | ||
| 24 | 24
NOTICE of Voluntary Dismissal by Allegany County against Defendant Discount Drug Mart, Inc. (Shkolnik, Hunter) [Transferred from nyed on 12/23/2019.]
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| Monday, December 09, 2019 | ||
| 25 | 25
Letter MOTION for Extension of Time to File Response/Reply to Plaintiff's Complaint by Anda, Inc.. (Madavo, Sara) [Transferred from nyed on 12/23/2019.]
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Att: 1
Proposed Order
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| Tuesday, December 10, 2019 | ||
| ORDER granting25 Motion for Extension of Time to File Response/Reply. Defendant Anda shall answer, move or otherwise respond to the complaint no later than 30 days following the decision on the motion to remand or decision to transfer case to the MDL. So Ordered by Magistrate Judge Steven Tiscione on 12/10/2019. (Vasquez, Lea) [Transferred from nyed on 12/23/2019.] | ||
| ORDER granting23 Motion for Extension of Time to Answer: Having received no response from plaintiff, as directed in my Order dated 12/3/2019, defendant John Kapoor's motion for an extension of time to answer, move or otherwise respond to the complaint is granted and extended to 60 days following either the District Court's ruling on any motion to remand or a decision that this case be transferred to the MDL. So Ordered by Magistrate Judge Steven Tiscione on 12/10/2019. (Vasquez, Lea) [Transferred from nyed on 12/23/2019.] | ||
| Wednesday, December 18, 2019 | ||
| Case transferred to District of Northern District of Ohio. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (Marziliano, August) [Transferred from nyed on 12/23/2019.] | ||
| 26 | 26
JPMDL Conditional Transfer Order: IT IS THEREFORE ORDERED that the actions listed on Schedule A are transferred to the Northern District of Ohio and, with the consent of that court, assigned to the Honorable Dan A. Polster for inclusion in the coordinated or consolidated pretrial proceedings. (Marziliano, August) [Transferred from nyed on 12/23/2019.]
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| 27 | 27
CERTIFIED COPY OF JPMDL Conditional Transfer Order: IT IS THEREFORE ORDERED that the actions listed on Schedule A are transferred to the Northern District of Ohio and, with the consent of that court, assigned to the Honorable Dan A. Polster for inclusion in the coordinated or consolidated pretrial proceedings. (Marziliano, August) [Transferred from nyed on 12/23/2019.]
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| Monday, December 23, 2019 | ||
| 28 | 28
CASE TRANSFERRED IN from District of New York Eastern. Case number 2:19-cv-04891. Original file, certified copy of transfer order and docket sheet received.
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