City of Portsmouth v. McKesson Corporation 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-45856 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1441 Petition for Removal- Personal Injury |
| Case Filed: | Oct 17, 2019 |
| Case in other court: | Virginia Eastern, 2:19-cv-00331 |
| Last checked: Friday Nov 08, 2019 8:28 PM EST |
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Defendant
Dr. Richard Sackler
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Represented By
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Defendant
McKesson Corporation
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Represented By
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Defendant
Ortho-McNeil-Janssen Pharmaceuticals, Inc.
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Defendant
Purdue Pharma Inc
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Represented By
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Defendant
Purdue Pharma L.P.
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Represented By
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Defendant
Beverly Sackler
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Represented By
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Defendant
David Sackler
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Represented By
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Defendant
Kathe Sackler
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Represented By
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Defendant
Mortimer D.A. Sackler
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Represented By
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Defendant
Mallinckrodt LLC
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Represented By
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Defendant
Theresa Sackler
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Represented By
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Defendant
jonathan Sackler
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Represented By
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Defendant
Ilene Sackler Lefcourt
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Represented By
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Defendant
SpecGX LLC
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Represented By
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Defendant
Teva Pharmeceuticals USA, Inc.
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Represented By
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Defendant
The Purdue Frederick Company Inc.
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Represented By
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Defendant
Watson Laboratories Inc.
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Represented By
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Defendant
John 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 Pharmaceuticals Inc.
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Represented By
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Defendant
Endo Health Solutions Inc.
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Represented By
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Defendant
Collegium Pharmaceutical, Inc.
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Represented By
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Defendant
Cephalon Inc.
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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
AmerisourceBergen Drug Corporation
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Represented By
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Defendant
Allergan PLC
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Represented By
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Defendant
Allergan Finance LLC
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Represented By
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Defendant
Actavis Pharma, Inc.
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Represented By
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Defendant
Actavis LLC
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Represented By
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Plaintiff
City of Portsmouth
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Insys Therapeutics Inc.
Terminated: 06/27/2019
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Represented By
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| Docket last updated: 10/21/2019 11:33 AM EDT |
| Monday, June 24, 2019 | ||
| Initial Case Assignment to District Judge Henry C. Morgan, Jr and Magistrate Judge Lawrence R. Leonard. (epri, ) [Transferred from vaed on 10/17/2019.] | ||
| 1 | 1
Notice of Removal ( Filing fee $ 400, receipt number 0422-6707113.), filed by McKesson Corporation.(Block, Benjamin) [Transferred from vaed on 10/17/2019.]
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Att: 1
Civil Cover Sheet CCS,
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Att: 2
180 pgs
Exhibit Exhibit 1--Complaint,
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Att: 3
Exhibit Exhibit 2--Motion to Remand (Denied),
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Att: 4
Exhibit Exhibit 3--Portsmouth Circuit Court Docket and Pleadings,
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Att: 5
Appearance of Counsel
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| 2 | 2 Financial Interest Disclosure Statement (Local Rule 7.1) by McKesson Corporation. (Block, Benjamin) [Transferred from vaed on 10/17/2019.] | |
| Tuesday, June 25, 2019 | ||
| Notice of Correction re 2 Financial Disclosure Statement. The filing user has been notified that document 2 is an incorrectly saved PDF fillable form and has been removed. The filing user was directed to refile the document. (epri, ) [Transferred from vaed on 10/17/2019.] | ||
| 3 | 3
Letter to attorney for Johnson & Johnson, Janssen Pharmaceuticals, Inc. and Ortho-McNeil-Janssen Pharmaceuticals, Inc., re: associating with local counsel. (epri, ) [Transferred from vaed on 10/17/2019.]
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| 4 | 4
Letter to attorney Hardin re: registering as an e-filer. (epri, ) [Transferred from vaed on 10/17/2019.]
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| Wednesday, June 26, 2019 | ||
| 5 | 5
Financial Interest Disclosure Statement (Local Rule 7.1) by McKesson Corporation. (Block, Benjamin) [Transferred from vaed on 10/17/2019.]
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| Thursday, June 27, 2019 | ||
| 6 | 6
NOTICE of Voluntary Dismissal of Insys Therapeutics, Inc. by City of Portsmouth (Cales, James) [Transferred from vaed on 10/17/2019.]
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| 7 | 7
Motion to appear Pro Hac Vice by Judith Sarah Scolnick and Certification of Local Counsel James A. Cales III Filing fee $ 75, receipt number 0422-6714031. by City of Portsmouth. (Cales, James) [Transferred from vaed on 10/17/2019.]
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| 8 | 8
Motion to appear Pro Hac Vice by Joseph Gaughan Cleeman and Certification of Local Counsel James A. Cales III Filing fee $ 75, receipt number 0422-6714047. by City of Portsmouth. (Cales, James) [Transferred from vaed on 10/17/2019.]
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| Monday, July 01, 2019 | ||
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NOTICE of Appearance by Ricardo J.A. Pitts-Wiley on behalf of Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, Ilene Sackler Lefcourt(Pitts-Wiley, Ricardo) [Transferred from vaed on 10/17/2019.]
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Att: 1
Certificate of Service
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Consent MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint and to Conduct the 26(f) Planning Conference by Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, Ilene Sackler Lefcourt.(Pitts-Wiley, Ricardo) [Transferred from vaed on 10/17/2019.]
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Att: 1
Proposed Order,
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Att: 2
Certificate of Service
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| Tuesday, July 02, 2019 | ||
| MOTIONS REFERRED to Magistrate Judge: Lawrence R. Leonard.10 Consent MOTION for Extension of Time to File Answer or Otherwise Respond to the Complaint and to Conduct the 26(f) Planning Conference (clou ) [Transferred from vaed on 10/17/2019.] | ||
| MOTIONS REFERRED to Magistrate Judge: Lawrence R. Leonard.11 Consent MOTION for Extension of Time to File Answer re1 Notice of Removal, Defendant Dr. John N. Kapoor's Consent Motion to Extend Time to Move, Answer, or Otherwise Respond to Complaint (clou ) [Transferred from vaed on 10/17/2019.] | ||
| 11 | 11
Consent MOTION for Extension of Time to File Answer re1 Notice of Removal, Defendant Dr. John N. Kapoor's Consent Motion to Extend Time to Move, Answer, or Otherwise Respond to Complaint by John Kapoor.(Johnson, Vernon) [Transferred from vaed on 10/17/2019.]
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Att: 1
Proposed Order
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| 12 | 12
Motion to appear Pro Hac Vice by Melissa Helen Maxman and Certification of Local Counsel Ricardo J.A. Pitts-Wiley Filing fee $ 75, receipt number 0422-6721244. by Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, Ilene Sackler Lefcourt. (Pitts-Wiley, Ricardo) [Transferred from vaed on 10/17/2019.]
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| 13 | 13
Motion to appear Pro Hac Vice by Ronald Franklin Wick and Certification of Local Counsel Ricardo J.A. Pitts-Wiley Filing fee $ 75, receipt number 0422-6721246. by Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, Ilene Sackler Lefcourt. (Pitts-Wiley, Ricardo) [Transferred from vaed on 10/17/2019.]
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Motion to appear Pro Hac Vice by Danielle Catherine Morello and Certification of Local Counsel Ricardo J.A. Pitts-Wiley Filing fee $ 75, receipt number 0422-6721247. by Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, Ilene Sackler Lefcourt. (Pitts-Wiley, Ricardo) [Transferred from vaed on 10/17/2019.]
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| Wednesday, July 03, 2019 | ||
| Notice of Correction re12 Motion to appear Pro Hac Vice by Melissa Helen Maxman,13 Ronald Franklin Wick and14 Danielle Catherine Morello and Certification of Local Counsel Ricardo J.A. Pitts-Wiley. The motions do not contain the signatures of the applicants. Local counsel should file corrected motions that include the written signatures of the applicants. Counsel should not pay the filing fees again. (tlev, ) [Transferred from vaed on 10/17/2019.] | ||
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MOTION to Amend/Correct Motion for Melissa Helen Maxman to Appear Pro Hac Vice by Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, Ilene Sackler Lefcourt. (Pitts-Wiley, Ricardo) [Transferred from vaed on 10/17/2019.]
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| 16 | 16
MOTION to Amend/Correct Motion for Ronald Franklin Wick to Appear Pro Hac Vice by Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, Ilene Sackler Lefcourt. (Pitts-Wiley, Ricardo) [Transferred from vaed on 10/17/2019.]
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MOTION to Amend/Correct Motion for Danielle Catherine Morello to Appear Pro Hac Vice by Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, Ilene Sackler Lefcourt. (Pitts-Wiley, Ricardo) [Transferred from vaed on 10/17/2019.]
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| 18 | 18
ORDER granting7 Motion for Pro hac vice for Judith Sarah Scolnick as to City of Portsmouth. Signed by District Judge Henry C. Morgan, Jr on 07/2/19. (tlev, ) [Transferred from vaed on 10/17/2019.]
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ORDER granting8 Motion for Pro hac vice for Joseph Gaughan Cleemann as to City of Portsmouth. Signed by District Judge Henry C. Morgan, Jr on 7/2/19. (tlev, ) [Transferred from vaed on 10/17/2019.]
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| Friday, July 05, 2019 | ||
| Notice of Correction re17 MOTION to Amend/Correct Motion for Danielle Catherine Morello, 15 Melissa Helen Maxman and 16 Ronald Franklin Wick to Appear Pro Hac Vice . The motions do not include the signatures of local counsel. Please re-file the signed motions under the correct event. Counsel should not pay a second fee. (tlev, ) [Transferred from vaed on 10/17/2019.] | ||
| Monday, July 08, 2019 | ||
| 20 | 20
MOTION to Amend/Correct Motion for Melissa Helen Maxman to Appear Pro Hac Vice by Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, Ilene Sackler Lefcourt. (Pitts-Wiley, Ricardo) [Transferred from vaed on 10/17/2019.]
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| 21 | 21
MOTION to Amend/Correct Motion for Ronald Franklin Wick to Appear Pro Hac Vice by Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, Ilene Sackler Lefcourt. (Pitts-Wiley, Ricardo) [Transferred from vaed on 10/17/2019.]
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| 22 | 22
MOTION to Amend/Correct Motion for Danielle Catherine Morello to Appear Pro Hac Vice by Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, Ilene Sackler Lefcourt. (Pitts-Wiley, Ricardo) [Transferred from vaed on 10/17/2019.]
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| Tuesday, July 09, 2019 | ||
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ORDER granting in part10 Motion for Extension of Time to Answer, granting in part11 Motion for Extension of Time to Answer. The Sackler Defendants and Kapoor are DIRECTED to answer or otherwise respond to the Complaint no later than 8/20/19. The Court will issue its Rule 26(f) Order only after the parties have filed their pleadings responsive to the Complaint. Signed by Magistrate Judge Lawrence R. Leonard on 7/9/19. (bpet, ) [Transferred from vaed on 10/17/2019.]
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| Thursday, July 11, 2019 | ||
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CERTIFIED COPY of MDL CONDITIONAL TRANSFER ORDER In Re: National Prescription Opiate Litigation, MDL No. 2804, transferring this action to the Northern District of Ohio. Signed by the Clerk of the Panel. Certified copy received from Northern District of Ohio and filed in Eastern District of Virginia, Norfolk Division, on July 11, 2019. (clou) [Transferred from vaed on 10/17/2019.]
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| Friday, July 12, 2019 | ||
| 24 | 24
NOTICE of Appearance by Brittany Ashley McGill on behalf of City of Portsmouth (McGill, Brittany) [Transferred from vaed on 10/17/2019.]
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| 25 | 25
Emergency MOTION to Remand to State Court by City of Portsmouth. (McGill, Brittany) [Transferred from vaed on 10/17/2019.]
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| 26 | 26
26
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Memorandum in Support re25 Emergency MOTION to Remand to State Court filed by City of Portsmouth.(McGill, Brittany) [Transferred from vaed on 10/17/2019.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F
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| 27 | 27
NOTICE of Appearance by Wells Huntington Byrnes on behalf of Cardinal Health, Inc. (Byrnes, Wells) [Transferred from vaed on 10/17/2019.]
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| Monday, July 15, 2019 | ||
| Case transferred to USDC Northern District of Ohio. Case electronically sent to the USDC Northern District of Ohio. (clou ) [Transferred from vaed on 10/17/2019.] | ||
| Tuesday, July 16, 2019 | ||
| 29 | 29
JPML Order Reinstating Stay of Conditional Transfer Order : MDL No. 28040. Due to administrative error, the stay of transmittal with regard to Portsmouth was lifted on July 11, 2019, and the action was transferred to the Northern District of Ohio. These circumstances justify reinstatement of the conditional transfer order in order to permit plaintiff to pursue their opposition to transfer. See order for specific details. Signed by the Clerk of the Panel 7/16/2019. (clou) [Transferred from vaed on 10/17/2019.]
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| Thursday, July 18, 2019 | ||
| 30 | 30
ORDER granting20 Motion for Pro hac vice for Melissa Helen Maxman as to Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler and Ilene Sackler Lefcourt. Signed by Magistrate Judge Lawrence R. Leonard on 07/18/19. (tlev, ) [Transferred from vaed on 10/17/2019.]
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| 31 | 31
ORDER granting21 Motion for Pro hac vice for Ronald Franklin Wick as to Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler and Ilene Sackler Lefcourt. Signed by Magistrate Judge Lawrence R. Leonard on 07/18/2019. (tlev, ) [Transferred from vaed on 10/17/2019.]
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| 32 | 32
ORDER granting22 Motion for Pro hac vice for Danielle Catherine Morello as to Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler and Ilene Sackler Lefcourt. Signed by Magistrate Judge Lawrence R. Leonard on 7/18/19. (tlev, ) [Transferred from vaed on 10/17/2019.]
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| Friday, July 19, 2019 | ||
| MOTIONS REFERRED to Magistrate Judge: Lawrence R. Leonard.33 Consent MOTION to Substitute Attorney (clou ) [Transferred from vaed on 10/17/2019.] | ||
| 33 | 33
Consent MOTION to Substitute Attorney by Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, Ilene Sackler Lefcourt.(Pitts-Wiley, Ricardo) [Transferred from vaed on 10/17/2019.]
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Att: 1
Memorandum in Support of Motion to Substitute Counsel,
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Att: 2
Proposed Order
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| 34 | 34
NOTICE of Appearance by Erica Courtney Lai on behalf of Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, Ilene Sackler Lefcourt (Lai, Erica) [Transferred from vaed on 10/17/2019.]
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| 35 | 35
2
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Memorandum in Support re33 Consent MOTION to Substitute Attorney filed by Beverly Sackler, David Sackler, Jonathan Sackler, Kathe Sackler, Mortimer D.A. Sackler, Richard Sackler, Theresa Sackler, Ilene Sackler Lefcourt. (Pitts-Wiley, Ricardo) [Transferred from vaed on 10/17/2019.]
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| Monday, July 22, 2019 | ||
| 36 | 36
ORDER granting33 Consent MOTION to Substitute Attorney. Copies distributed to all counsel. See order for details. Signed by Magistrate Judge Lawrence R. Leonard on 7/22/2019. (clou) [Transferred from vaed on 10/17/2019.]
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| Friday, July 26, 2019 | ||
| 37 | 37
MOTION to Stay Proceediungs Pending Likely Transfer to Multidistrict Litigation by McKesson Corporation.(Block, Benjamin) Modified on 7/29/2019 : Filing user was directed to re-file Memorandum in Support as a separate docket entry (clou ). [Transferred from vaed on 10/17/2019.]
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Att: 1
Memorandum in Support of Motion to Stay,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Exhibit 4,
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Att: 6
Exhibit 5,
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Att: 7
Exhibit 6,
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Att: 8
Exhibit 7,
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Att: 9
Exhibit 8,
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Att: 10
Exhibit 9,
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Att: 11
Exhibit 10,
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Att: 12
Exhibit 11,
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Att: 13
Exhibit 12,
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Att: 14
Exhibit 13,
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Att: 15
Exhibit 14,
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Att: 16
Exhibit 15,
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Att: 17
Exhibit 16,
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Att: 18
Exhibit 17,
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Att: 19
Exhibit 18
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| 38 | 38
Opposition to 25 Plaintiff's Emergency Motion to Remand and Memorandum of Points and Authorities filed by McKesson Corporation.(Block, Benjamin) [Transferred from vaed on 10/17/2019.]
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3
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| Monday, July 29, 2019 | ||
| 39 | 39
Brief in Support to37 MOTION to Stay Proceediungs Pending Likely Transfer to Multidistrict Litigation filed by McKesson Corporation. (Block, Benjamin) [Transferred from vaed on 10/17/2019.]
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| Thursday, August 01, 2019 | ||
| 40 | 40
Request for Hearing by City of Portsmouth re25 Emergency MOTION to Remand to State Court (Cales, James) [Transferred from vaed on 10/17/2019.]
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| 41 | 41
MOTION for Extension of Time to File Response/Reply as to38 Opposition,25 Emergency MOTION to Remand to State Court ,26 Memorandum in Support, by City of Portsmouth. (Cales, James) [Transferred from vaed on 10/17/2019.]
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| Friday, August 02, 2019 | ||
| MOTIONS REFERRED to Magistrate Judge: Lawrence R. Leonard.41 MOTION for Extension of Time to File Response/Reply as to38 Opposition,25 Emergency MOTION to Remand to State Court ,26 Memorandum in Support, (clou ) [Transferred from vaed on 10/17/2019.] | ||
| Monday, August 05, 2019 | ||
| 42 | 42 ORDER granting41 Motion for Extension of Time to File Response/Reply. Signed by Magistrate Judge Lawrence R. Leonard on 8/05/2019. (Leonard, Lawrence) [Transferred from vaed on 10/17/2019.] | |
| 43 | 43
Rebuttal Brief re25 Emergency MOTION to Remand to State Court filed by City of Portsmouth. (Cales, James) [Transferred from vaed on 10/17/2019.]
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| Wednesday, August 07, 2019 | ||
| MOTIONS REFERRED to Magistrate Judge: Lawrence R. Leonard.44 MOTION for Extension of Time to File Answer (clou ) [Transferred from vaed on 10/17/2019.] | ||
| 44 | 44
MOTION for Extension of Time to File Answer by Purdue Pharma Inc., Purdue Pharma L.P., The Purdue Frederick Company, Inc..(Massie, Wade) [Transferred from vaed on 10/17/2019.]
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Att: 1
Proposed Order
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| Friday, August 09, 2019 | ||
| 45 | 45
19
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Memorandum in Opposition re37 MOTION to Stay Proceediungs Pending Likely Transfer to Multidistrict Litigation filed by City of Portsmouth.(Cales, James) [Transferred from vaed on 10/17/2019.]
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H
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| Thursday, August 15, 2019 | ||
| 46 | 46
ORDER re44 MOTION for Extension of Time to File Answer. ORDERED that, as to all defendants in this case, the time to serve responsive pleadings is extended until 20 days after a decision on remand or 20 days after a decision on transfer, whichever is later. Copies distributed to all counsel. Signed by Magistrate Judge Lawrence R. Leonard on 8/15/2019. (clou ) [Transferred from vaed on 10/17/2019.]
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| 47 | 47
Opposition to40 Request for Hearing on Plaintiff's Emergency Motion to Remand filed by McKesson Corporation. (Block, Benjamin) [Transferred from vaed on 10/17/2019.]
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| 48 | 48
Reply , RESPONSE in Support re37 MOTION to Stay Proceediungs Pending Likely Transfer to Multidistrict Litigation filed by McKesson Corporation. (Block, Benjamin) [Transferred from vaed on 10/17/2019.]
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| Wednesday, September 04, 2019 | ||
| 49 | 49
NOTICE by City of Portsmouth re40 Request for Hearing , Withdrawal of Request for Hearing (Cales, James) [Transferred from vaed on 10/17/2019.]
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| Monday, September 16, 2019 | ||
| 50 | 50
NOTICE by Purdue Pharma Inc., Purdue Pharma L.P., The Purdue Frederick Company, Inc. of Suggestion of Bankruptcy(Massie, Wade) [Transferred from vaed on 10/17/2019.]
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Att: 1
A - Voluntary Petition for Non-Individuals Filing for Bankruptcy
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| Tuesday, September 24, 2019 | ||
| 51 | 51
STIPULATION re50 NOTICE Agreed Severing of Perdue Defendants by City of Portsmouth. (Cales, James) [Transferred from vaed on 10/17/2019.]
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| Wednesday, October 02, 2019 | ||
| 52 | 52
CERTIFIED COPY of MDL CONDITIONAL TRANSFER ORDER In Re: National Prescription Opiate Litigation, MDL No. 2804, transferring specified actions to the Northern District of Ohio. Signed by the Clerk of the Panel. Certified copy received in EDVA, Norfolk Division, 10/3/2019. (clou ) [Transferred from vaed on 10/17/2019.]
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| Thursday, October 03, 2019 | ||
| Case transferred electronically to USDC, Northern District of Ohio. (clou ) [Transferred from vaed on 10/17/2019.] | ||
| Thursday, October 17, 2019 | ||
| 53 | 53
CASE TRANSFERRED IN from District of Virginia Eastern. Case number 2:19-cv-00331. Original file, certified copy of transfer order and docket sheet received.
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