City of Fullerton et al v. Cephalon Inc. et al
Consolidated
Lead case: 1:17-md-02804
Lead case: 1:17-md-02804
| Ohio Northern District Court | |
| Judge: | Dan Aaron Polster |
| Case #: | 1:20-op-45143 |
| Nature of Suit | 890 Other Statutes - Other Statutory Actions |
| Cause | 28:1446 Petition for Removal |
| Case Filed: | Apr 02, 2020 |
| Case in other court: | California Central, 8:19-cv-02235 |
| Last checked: Friday Apr 10, 2020 3:59 PM EDT |
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Defendant
Mylan Technologies, Inc.
1500 Corporate Drive Suite 400
Cannonsburg, PA 15317 |
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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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Defendant
Kaiser Foundation Hospitals
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Defendant
Mallinckrodt LLC
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Defendant
Mallinckrodt PLC
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Defendant
McKesson Corporation
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Defendant
Mylan Inc.
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Defendant
Mylan Institutional Inc.
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Defendant
Mylan Pharmaceuticals Inc.
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Defendant
Janssen Pharmaceutica Inc.
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Defendant
Ortho McNeil Janssen Pharmaceuticals Inc
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Defendant
Par Pharmaceutical Companies, Inc.
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Defendant
Par Pharmaceutical, Inc.
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Defendant
SpecGX LLC
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Defendant
Teva Pharmaceutical Industries Ltd.
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Defendant
Teva Pharmeceuticals USA, Inc.
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Defendant
Thrifty Payless Inc.
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Defendant
Walgreen Co.
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Defendant
Watson Laboratories Inc.
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Defendant
Cardinal Health 110, LLC
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Defendant
Actavis LLC
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Defendant
Actavis Pharma, Inc.
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Defendant
Allergan Finance LLC
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Defendant
Allergan Inc.
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Defendant
Allergan PLC
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Defendant
Allergan U.S.A., Inc.
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Defendant
AmerisourceBergen Corporation
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Defendant
CVS Health Corporation
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Represented By
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Defendant
CVS Pharmacy Inc.
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Represented By
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Defendant
Cardinal Health Inc.
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Defendant
Cephalon Inc.
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Defendant
Does
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Defendant
Endo Health Solutions Inc.
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Defendant
Endo International plc
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Defendant
Endo Pharmaceuticals Inc.
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Defendant
H.D. Smith Wholesale Drug Co.
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Plaintiff
City of Fullerton
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Represented By
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Plaintiff
City of Westminster
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Represented By
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Plaintiff
The People of the State of California
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Represented By
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| Docket last updated: 04/10/2020 3:57 PM EDT |
| Friday, November 15, 2019 | ||
| CONFORMED COPY OF COMPLAINT against Defendants. Jury Demanded, filed by Plaintiffs City of Westminster, City of Fullerton, The People Of The State Of California. Filed in State Court on 10/24/19 Submitted with Attachment 3 Exhibit B to Notice of Removal1 (car) [Transferred from cacd on 4/2/2020.] | ||
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NOTICE OF REMOVAL from Orange County Superior Court, case number 30-2019 01107327 Receipt No: 0973-24795312 - Fee: $400, filed by Defendants CVS Pharmacy, Inc., CVS Health Corporation. (Attorney James W Spertus added to party CVS Health Corporation(pty:dft), Attorney James W Spertus added to party CVS Pharmacy, Inc.(pty:dft))(Spertus, James) [Transferred from cacd on 4/2/2020.]
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Att: 1
Declaration of James W. Spertus In Support of Defendants CVS Health Corporation's and CVS Pharmacy Inc.'s Notice of Removal,
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Att: 2
Exhibit A - Summons,
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Att: 3
Exhibit B - Complaint,
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Att: 4
Exhibit C - Civil Case Cover Sheet,
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Att: 5
Exhibit D - Notice of Related Case,
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Att: 6
Exhibit E - Notice of Case Assignment,
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Att: 7
Exhibit F - Notice of Submission of Petition for Coordination,
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Att: 8
Exhibit G - Docket,
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Att: 9
Exhibit H - Order Staying Actions Pending JPML Action,
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Att: 10
Exhibit I - JPML Transfer Order,
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Att: 11
Exhibit J - Notice of Voluntary Dismissal
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CIVIL COVER SHEET filed by Defendants CVS Health Corporation, CVS Pharmacy, Inc.. (Spertus, James) [Transferred from cacd on 4/2/2020.]
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| 3 | 3
NOTICE of Interested Parties filed by Defendants CVS Health Corporation, CVS Pharmacy, Inc., identifying Parent CVS Health Corporation and other potentially interested parties. (Spertus, James) [Transferred from cacd on 4/2/2020.]
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| Monday, November 18, 2019 | ||
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PROOF OF SERVICE filed by Defendants CVS Health Corporation, CVS Pharmacy, Inc., re Notice of Removal (Attorney Civil Case Opening),,,1 , Certificate/Notice of Interested Parties3 , Civil Cover Sheet (CV-71)2 served on November 15, 2019. (Spertus, James) [Transferred from cacd on 4/2/2020.]
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| 5 | 5
NOTICE Defendants CVS Health Corporation's and CVS Pharmacy, Inc.'s Notice of Filing of Notice in State Court filed by Defendants CVS Health Corporation, CVS Pharmacy, Inc..(Spertus, James) [Transferred from cacd on 4/2/2020.]
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Att: 1
Exhibit A
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| Tuesday, November 19, 2019 | ||
| 6 | 6
NOTICE OF ASSIGNMENT to District Judge Josephine L. Staton and Magistrate Judge Karen E. Scott. (car) [Transferred from cacd on 4/2/2020.]
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| 7 | 7
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from cacd on 4/2/2020.]
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| 8 | 8
Joint STIPULATION for Extension of Time to File Answer filed by Defendant Thrifty Payless Inc..(Attorney Benjamin Patrick Smith added to party Thrifty Payless Inc.(pty:dft))(Smith, Benjamin) [Transferred from cacd on 4/2/2020.]
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Att: 1
Proposed Order
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PROOF OF SERVICE filed by Defendants CVS Health Corporation, CVS Pharmacy, Inc., re Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form7 , Notice of Assignment to United States Judges(CV-18) - optional html form6 served on November 19, 2019. (Spertus, James) [Transferred from cacd on 4/2/2020.]
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| Wednesday, November 20, 2019 | ||
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ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03-Related Case- filed. Related Case No: 8:19-cv-02154 DOC(ADSx). Case transferred from Magistrate Judge Karen E. Scott and Judge Josephine L. Staton to Judge David O. Carter and Magistrate Judge Autumn D. Spaeth for all further proceedings. The case number will now reflect the initials of the transferee Judge 8:19-cv-02235 DOC(ADSx). Signed by Judge David O. Carter (rn) [Transferred from cacd on 4/2/2020.]
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| 11 | 11
Joint STIPULATION for Extension of Time to File filed by Defendant McKesson Corporation.(Attorney Nathan Evans Shafroth added to party McKesson Corporation(pty:dft))(Shafroth, Nathan) [Transferred from cacd on 4/2/2020.]
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Att: 1
Proposed Order
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STIPULATION for Extension of Time to File Answer filed by Defendant Kaiser Foundation Hospitals.(Attorney Joseph John Ybarra added to party Kaiser Foundation Hospitals(pty:dft))(Ybarra, Joseph) [Transferred from cacd on 4/2/2020.]
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Att: 1
Proposed Order
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| Thursday, November 21, 2019 | ||
| 13 | 13
INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER upon filing of the complaint by Judge David O. Carter. (dgo) [Transferred from cacd on 4/2/2020.]
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ORDER Granting Stipulation for Extension of Time to File Response/Reply11 by Judge David O. Carter. SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) [Transferred from cacd on 4/2/2020.]
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ORDER by Judge David O. Carter, Granting Joint Stipulation to Extend Time to Answer (More than 30 days)12 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) [Transferred from cacd on 4/2/2020.]
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Joint STIPULATION for Extension of Time to File Answer filed by Defendant Janssen Pharmaceutica, Inc., Janssen Pharmaceuticals, Inc., Johnson and Johnson, Ortho McNeil Janssen Pharmaceuticals, Inc..(Attorney Michael G Yoder added to party Janssen Pharmaceutica, Inc.(pty:dft), Attorney Michael G Yoder added to party Janssen Pharmaceuticals, Inc.(pty:dft), Attorney Michael G Yoder added to party Johnson and Johnson(pty:dft), Attorney Michael G Yoder added to party Ortho McNeil Janssen Pharmaceuticals, Inc.(pty:dft))(Yoder, Michael) [Transferred from cacd on 4/2/2020.]
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Att: 1
Proposed Order
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| Friday, November 22, 2019 | ||
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ORDER by Judge David O. Carter, Granting Joint Stipulation to Extend Time to Answer (More than 30 days)16 . SEE DOCUMENT FOR FURTHER INFORMATION. (twdb) [Transferred from cacd on 4/2/2020.]
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| Wednesday, November 27, 2019 | ||
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ORDER by Judge David O. Carter, Granting Joint Stipulation to Extend Time to Answer (More than 30 days)8 . Defendants Thrifty Payless, Inc., CVS Health Corporation, CVS Pharmacy, Inc., and Walgreen Co., shall be granted an enlargement of time to respond to Plaintiffs Complaint until sixty (60) days after this Court rules on any Motion to Remand, or after the JPML makes a final decision regarding transfer to the MDL Proceeding, whichever is later. (twdb) [Transferred from cacd on 4/2/2020.]
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| Monday, December 09, 2019 | ||
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NOTICE filed by Defendants CVS Health Corporation, CVS Pharmacy, Inc.. Defendants CVS Health Corporation's and CVS Pharmacy, Inc.'s Notice of Pendency of Other Actions or Proceedings (Spertus, James) [Transferred from cacd on 4/2/2020.]
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| Monday, December 16, 2019 | ||
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NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court filed by Plaintiffs City of Fullerton, City of Westminster, The People Of The State Of California. Motion set for hearing on 1/13/2020 at 08:30 AM before Judge David O. Carter. (Messenger, Lucas) [Transferred from cacd on 4/2/2020.]
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Att: 1
Request for Judicial Notice In Support of Motion to Remand
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| Tuesday, December 17, 2019 | ||
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NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court20 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. 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. (twdb) [Transferred from cacd on 4/2/2020.]
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| 22 | 22
NOTICE OF LODGING filed [Proposed] Order re NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court20(Messenger, Lucas) [Transferred from cacd on 4/2/2020.]
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Att: 1
Proposed Order
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| Friday, December 20, 2019 | ||
| 23 | 23
APPLICATION of Non-Resident Attorney Conor B. O'Croinin to Appear Pro Hac Vice on behalf of Defendants CVS Health Corporation, CVS Pharmacy, Inc. (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. 0973-24999186) filed by Defendants CVS Health Corporation, CVS Pharmacy, Inc.. (Spertus, James) [Transferred from cacd on 4/2/2020.]
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Att: 1
Proposed Order on Application of Non-Resident Attorney to Appear in A Specific Case Pro Hac Vice
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| 24 | 24
Notice of Appearance or Withdrawal of Counsel: for attorney Joshua David Dick counsel for Defendant Walgreen Co.. Adding Joshua D. Dick as counsel of record for Walgreen Co. for the reason indicated in the G-123 Notice. Filed by Defendant Walgreen Co.. (Attorney Joshua David Dick added to party Walgreen Co.(pty:dft))(Dick, Joshua) [Transferred from cacd on 4/2/2020.]
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NOTICE OF MOTION AND MOTION to Stay Case pending Likely Transfer to Multidistrict Litigation filed by Defendant CVS Pharmacy, Inc.. Motion set for hearing on 1/27/2020 at 08:30 AM before Judge David O. Carter. (Spertus, James) [Transferred from cacd on 4/2/2020.]
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Att: 1
Declaration of James W. Spertus,
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Att: 2
Exhibit No. 1,
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Att: 3
Exhibit No. 2,
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Att: 4
Exhibit No. 3,
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Att: 5
Exhibit No. 4,
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Att: 6
Exhibit No. 5,
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Att: 7
Proposed Order
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| Monday, December 23, 2019 | ||
| 26 | 26
ORDER by Judge David O. Carter: Granting23 Non-Resident Attorney Conor B. O'Croinin APPLICATION to Appear Pro Hac Vice on behalf of CVS Health Corporation, CVS Pharmacy Inc, designating James W. Spertus as local counsel. (twdb) [Transferred from cacd on 4/2/2020.]
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| 27 | 27
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MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Remand Case to Orange County Superior Court20 filed by Defendant CVS Pharmacy, Inc..(Spertus, James) [Transferred from cacd on 4/2/2020.]
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Att: 1
Declaration of Christa L. Culver Wasserman,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D
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| Thursday, December 26, 2019 | ||
| 28 | 28
EX PARTE APPLICATION for Order for Consolidation of Hearings Defendant CVS Pharmacy, Inc. and Walgreen Co.'s Ex Parte Application to Consolidate Hearings and Ex. A filed by Defendant CVS Pharmacy, Inc.. (Spertus, James) [Transferred from cacd on 4/2/2020.]
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Att: 1
Proposed Order
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PROOF OF SERVICE filed by Defendant CVS Pharmacy, Inc., re EX PARTE APPLICATION for Order for Consolidation of Hearings Defendant CVS Pharmacy, Inc. and Walgreen Co.'s Ex Parte Application to Consolidate Hearings and Ex. A 28 (electronic service re Judge Carter's procedures regarding Ex Parte Applications) served on December 26, 2019. (Spertus, James) [Transferred from cacd on 4/2/2020.]
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| Friday, December 27, 2019 | ||
| 30 | 30
OPPOSITION TO DEFENDANT CVS PHARMACY, INC. AND WALGREEN CO.S EX PARTE APPLICATION TO CONSOLIDATE HEARINGS; DECLARATION OF LUCAS MESSENGER OPPOSITION re: EX PARTE APPLICATION for Order for Consolidation of Hearings Defendant CVS Pharmacy, Inc. and Walgreen Co.'s Ex Parte Application to Consolidate Hearings and Ex. A 28 filed by Plaintiffs City of Fullerton, City of Westminster, The People Of The State Of California. (Messenger, Lucas) [Transferred from cacd on 4/2/2020.]
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| Monday, December 30, 2019 | ||
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PROOF OF SERVICE filed by Plaintiffs City of Fullerton, City of Westminster, The People Of The State Of California, of PLAINTIFFS OPPOSITION TO DEFENDANT CVS PHARMACY, INC. AND WALGREEN CO.S EX PARTE APPLICATION TO CONSOLIDATE HEARINGS served on 12/27/2019. (Geibelson, Michael) [Transferred from cacd on 4/2/2020.]
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| 32 | 32
REPLY in Support of EX PARTE APPLICATION for Order for Consolidation of Hearings Defendant CVS Pharmacy, Inc. and Walgreen Co.'s Ex Parte Application to Consolidate Hearings and Ex. A 28 filed by Defendant CVS Pharmacy, Inc.. (Spertus, James) [Transferred from cacd on 4/2/2020.]
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PROOF OF SERVICE filed by Defendant CVS Pharmacy, Inc., re Reply (Motion related),32 served on December 30, 2019. (Spertus, James) [Transferred from cacd on 4/2/2020.]
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| 34 | 34
MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER STAYING CASE PENDING JPML HEARING. The Court hereby STAYS the action and holds all pending motions in abeyance. Defendants are ORDERED to file a status report within 3 days of a decision by the JPML, and in any event, every 4 weeks while the stay is pending. All pending hearing dates are VACATED. (twdb) [Transferred from cacd on 4/2/2020.]
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| 35 | 35
ORDER by Judge David O. Carter: Denying28 Defendant CVS Pharmacy, Inc., and Walgreen Co.'s EX PARTE APPLICATION to Consolidate Hearings. DENIED BY ORDER OF THE COURT. (twdb) [Transferred from cacd on 4/2/2020.]
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| Monday, January 27, 2020 | ||
| 36 | 36
STATUS REPORT Defendants CVS Pharmacy, Inc. and Walgreen Co.'s Status Report filed by Defendant CVS Pharmacy, Inc.. (Spertus, James) [Transferred from cacd on 4/2/2020.]
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| 37 | 37
NOTICE of Change of Attorney Business or Contact Information: for attorney Joseph John Ybarra, Ybarr counsel for Defendant Kaiser Foundation Hospitals. Changing Firm Name and Other Contact Information to NEW firm name: Halpern May Ybarra Gelberg LLP NEW address: 550 S. Hope St. Ste. 2330, Los Angeles, CA 90071. Changing e-mail and fax number to joseph.ybarra@halpernmay.com NEW fax: (213)402-1901. Filed by Defendant Kaiser Foundation Hospitals. (Ybarra, Joseph) [Transferred from cacd on 4/2/2020.]
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| 38 | 38
NOTICE of Change of Attorney Business or Contact Information: for attorney Grant B Gelberg counsel for Defendant Kaiser Foundation Hospitals. Changing Firm Name and Other Contact Information to NEW firm name: Halpern May Ybarra Gelberg LLP NEW address: 550 S. Hope St. Ste. 2330, Los Angeles, CA 90071. Changing e-mail and fax number to NEW email: grant.gelberg@halpernmay.com NEW fax: (213)402-1901. Filed by Defendant Kaiser Foundation Hospitals. (Gelberg, Grant) [Transferred from cacd on 4/2/2020.]
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| Monday, February 24, 2020 | ||
| 39 | 39
STATUS REPORT Defendant CVS Pharmacy, Inc. and Walgreen Co.'s Status Report filed by Defendant CVS Pharmacy, Inc.. (Spertus, James) [Transferred from cacd on 4/2/2020.]
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| Monday, March 23, 2020 | ||
| 40 | 40
STATUS REPORT Defendants CVS Pharmacy, Inc. and Walgreen Co.'s Status Report filed by Defendant CVS Pharmacy, Inc.. (Spertus, James) [Transferred from cacd on 4/2/2020.]
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| Monday, March 30, 2020 | ||
| 41 | 41
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.) (twdb) [Transferred from cacd on 4/2/2020.]
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| Thursday, April 02, 2020 | ||
| 42 | 42
CASE TRANSFERRED IN from District of California Central. Case number 8:19-cv-02235. Original file, certified copy of transfer order and docket sheet received.
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