City of Poughkeepsie 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-46163 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | No cause code entered |
| Case Filed: | Dec 31, 2019 |
| Case in other court: | New York Southern, 1:19-cv-06800 |
| Last checked: Friday Jan 31, 2020 2:53 PM EST |
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Defendant
Purdue Frederick Company Inc.
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Defendant
Rite Aid Corp.
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Defendant
Richard S. Sackler
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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
RHODES TECHNOLOGIES
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Defendant
Purdue Pharma L.P.
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Defendant
Purdue Pharma Inc.
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Defendant
Rite Aid of Maryland, Inc.
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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
Noramco Inc
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Defendant
Mylan Pharmaceuticals Inc.
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Defendant
Mortimer D.A. Sackler
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Defendant
Morris & Dickson Co LLC
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Defendant
The P.F. Laboratories, Inc.
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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
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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
Trust for the Benefit of Members of the Raymond Sackler Family
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Defendant
Theresa Sackler
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Defendant
Miami-Luken Inc
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Defendant
The Kroger Co.
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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
SAJ Distributors
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Defendant
Rochester Drug Co-Operative, Inc.
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Defendant
Bellco Drug Corp.
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Represented By
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Defendant
Discount Drug Mart, Inc.
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Defendant
David A. Sackler
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Defendant
Darby Group Companies, Inc.
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Defendant
Cephalon Inc.
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Defendant
Cardinal Health Inc.
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Represented By
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Defendant
CVS Health Corporation
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Represented By
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Defendant
Blenheim Pharmacal Inc.
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Defendant
Beverly Sackler
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Defendant
Endo Health Solutions Inc.
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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
Janssen Pharmaceuticals 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
Kathe A. Sackler
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Defendant
Jonathan D. Sackler
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Defendant
Johnson & Johnson
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Defendant
John N. Kapoor
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Represented By
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Defendant
Endo Pharmaceuticals Inc.
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Defendant
Janssen Pharmaceutica 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
Eveready Wholesale Drugs Ltd
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Plaintiff
City of Poughkeepsie
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Publix Supermarkets, Inc.
Terminated: 12/31/2019
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Defendant
HBC Service Company
Terminated: 01/27/2020
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| Docket last updated: 01/31/2020 12:31 PM EST |
| Monday, July 22, 2019 | ||
| 1 | 1
FILING ERROR - EXHIBITS NOT CLEARLY TITLED - NOTICE OF REMOVAL from Supreme Court, County of Dutchess County. Case Number: 2019-51786. (Filing Fee $ 400.00, Receipt Number ANYSDC-17288754).Document filed by CVS Health Corporation.(Naunton, Shawn) Modified on 7/23/2019 (pne). [Transferred from nysd on 12/31/2019.]
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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| 2 | 2
CIVIL COVER SHEET filed. (Naunton, Shawn) [Transferred from nysd on 12/31/2019.]
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| Tuesday, July 23, 2019 | ||
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (pne) [Transferred from nysd on 12/31/2019.] | ||
| Magistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:http://nysd.uscourts.gov/forms.php] . (pne) [Transferred from nysd on 12/31/2019.] | ||
| Case Designated ECF. (pne) [Transferred from nysd on 12/31/2019.] | ||
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Shawn Patrick Naunton to RE-FILE Document No. 1 Notice of Removal,. The filing is deficient for the following reason(s): As per Rule 13.3, Each attachment to the pleading must be clearly titled in the ECF entry so the subject of the exhibit is clear. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. ***DO NOT USE GOOGLE CHROME AND SAFARI BROWSERS*** (pne) [Transferred from nysd on 12/31/2019.] | ||
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Shawn Patrick Naunton. The party information for the following party/parties has been modified: AmerisourceBergen Drug Corporation, Actavis Pharma, Inc., Actavis, Inc., Allergan PLC, Cephalon, Inc., City of Poughkeepsie, Janssen Pharmaceutica, Inc., Ortho-McNeil-Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Rhodes Pharmaceuticals Inc., Rite Aid of Maryland, Inc., West-Ward Pharmaceuticals Corp.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted; alias party information was entered incorrectly. (pne) [Transferred from nysd on 12/31/2019.] | ||
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Shawn Patrick Naunton. The following case opening statistical information was erroneously selected/entered: County code Dutchess. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pne) [Transferred from nysd on 12/31/2019.] | ||
| 3 | 3
NOTICE OF REMOVAL from Supreme Court, County of Dutchess. Case Number: 2019-51786..Document filed by CVS Health Corporation.(Naunton, Shawn) [Transferred from nysd on 12/31/2019.]
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Att: 1
319 pgs
Exhibit 1 (State Court Complaint),
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Att: 2
Exhibit 2 (MDL Transfer Order)
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| Thursday, July 25, 2019 | ||
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4 MOTION for Conor Brendan O'Croinin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17310663. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) [Transferred from nysd on 12/31/2019.] | ||
| 4 | 4
MOTION for Conor Brendan O'Croinin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17310663. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by CVS Health Corporation.(O'Croinin, Conor) [Transferred from nysd on 12/31/2019.]
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Att: 1
Affidavit,
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Att: 2
Certificate of Good Standing - Md,
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Att: 3
Certificate of Good Standing - Pa,
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Att: 4
Text of Proposed Order
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| Friday, July 26, 2019 | ||
| 5 | 5
NOTICE OF APPEARANCE by Kurt Michael Mullen on behalf of John N. Kapoor. (Mullen, Kurt) [Transferred from nysd on 12/31/2019.]
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| 6 | 6
CONSENT LETTER MOTION for Extension of Time to File Answer re:3 Notice of Removal and the Complaint therein, addressed to Judge Kenneth M. Karas from Kevin P. Mulry dated July 26, 2019. Document filed by Cardinal Health Inc..(Mulry, Kevin) [Transferred from nysd on 12/31/2019.]
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Att: 1
Exhibit 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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| Monday, July 29, 2019 | ||
| 7 | 7
CONSENT LETTER MOTION for Extension of Time to File Answer re:3 Notice of Removal and the Complaint therein on behalf of CVS Health Corporation, 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; and Walmart Inc. addressed to Judge Kenneth M. Karas from Shawn P. Naunton dated 7/29/2019. Document filed by CVS Health Corporation.(Naunton, Shawn) [Transferred from nysd on 12/31/2019.]
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Att: 1
Exhibit Exhibit A (Extending Time to Answer, Move of Otherwise Respond to Complaint and To Conduct Fed. R. Civ. P. 26(f) Conference)
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| Tuesday, July 30, 2019 | ||
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:http://nysd.uscourts.gov/forms.php] . (bcu) [Transferred from nysd on 12/31/2019.] | ||
| NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Kenneth M. Karas is no longer assigned to the case. (bcu) [Transferred from nysd on 12/31/2019.] | ||
| Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:http://nysd.uscourts.gov/forms.php] . (bcu) [Transferred from nysd on 12/31/2019.] | ||
| Wednesday, July 31, 2019 | ||
| NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Analisa Torres is no longer assigned to the case. (bcu) [Transferred from nysd on 12/31/2019.] | ||
| 8 | 8
CONSENT LETTER MOTION for Extension of Time to File Answer re:3 Notice of Removal and the Complaint therein, addressed to Judge Ronnie Abrams from Kurt M. Mullen dated July 31, 2019. Document filed by John N. Kapoor.(Mullen, Kurt) [Transferred from nysd on 12/31/2019.]
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| 9 | 9 ORDER granting4 Motion for Conor Brendan O'Croinin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc) [Transferred from nysd on 12/31/2019.] | |
| Monday, August 05, 2019 | ||
| 10 | 10
NOTICE OF APPEARANCE by Kevin P. Mulry on behalf of Cardinal Health Inc.. (Mulry, Kevin) [Transferred from nysd on 12/31/2019.]
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| 11 | 11
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Cardinal Health Inc..(Mulry, Kevin) [Transferred from nysd on 12/31/2019.]
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| Tuesday, August 06, 2019 | ||
| NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Ronnie Abrams is no longer assigned to the case. (wb) [Transferred from nysd on 12/31/2019.] | ||
| 12 | 12
NOTICE OF APPEARANCE by Paul Edward Asfendis on behalf of AmerisourceBergen Drug Corporation, Bellco Drug Corp.. (Asfendis, Paul) [Transferred from nysd on 12/31/2019.]
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| 13 | 13
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AmerisourceBergen Services Corporation, Corporate Parent AmerisourceBergen Corporation for AmerisourceBergen Drug Corporation, Bellco Drug Corp.. Document filed by AmerisourceBergen Drug Corporation, Bellco Drug Corp..(Asfendis, Paul) [Transferred from nysd on 12/31/2019.]
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| Wednesday, August 21, 2019 | ||
| 14 | 14
NOTICE OF APPEARANCE by Nelson Perel on behalf of Value Drug Company. (Perel, Nelson) [Transferred from nysd on 12/31/2019.]
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| 15 | 15
LETTER MOTION for Extension of Time to File Answer 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 Court's ruling on Plaintiffs motion to remand, whichever is later addressed to Judge Victor Marrero from Nelson Perel dated 08/21/2019. Document filed by Value Drug Company.(Perel, Nelson) [Transferred from nysd on 12/31/2019.]
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Att: 1
Text of Proposed Order Ex A
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| 16 | 16
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Remand to State Court . Document filed by City of Poughkeepsie. Return Date set for 9/11/2019 at 10:00 AM.(Shkolnik, Hunter) Modified on 11/4/2019 (db). [Transferred from nysd on 12/31/2019.]
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Att: 1
Notice of Motion,
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Att: 2
Declaration in Support,
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Att: 3
Exhibit Exhibit A - Summons and Complaint,
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Att: 4
Exhibit Exhibit B - NY Transfer Order
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| Thursday, August 22, 2019 | ||
| 17 | 17
PROPOSED STIPULATION AND ORDER. Document filed by CVS Health Corporation. (Naunton, Shawn) [Transferred from nysd on 12/31/2019.]
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| Friday, August 23, 2019 | ||
| 18 | 18
STIPULATION AND ORDER REGARDING SERVICE OF THE COMPLAINT: IT IS HEREBY STIPULATED AND AGREED, by and between Napoli Shkolnik PLLC, counsel for plaintiff and counsel for the defendants identified below, represented by the undersigned counsel: 1. A copy of a Summons and the operative Complaint in this action shall be deemed to have been served upon the defendants identified below effective as of July 30, 2019. 2. The defendants identified below hereby waive any objections they may have to the manner of service of the Summons and Complaint in this action; provided, however, that defendants retain all other objections and defenses, including, but not limited to, lack of personal jurisdiction. 3. This Stipulation does not affect any existing dates or deadlines in this action. So Ordered. (Signed by Judge Victor Marrero on 8/23/2019) (js) [Transferred from nysd on 12/31/2019.]
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| 19 | 19
ENDORSED LETTER: addressed to Judge Victor Marrero from Hunter J. Shkolnik dated 8/22/2019 re: Based on the foregoing, Plaintiff respectfully requests that this Court grant Plaintiff's request for an expedited hearing on Plaintiff's Motion to Remand to the Supreme Court of the State of New York, County of Montgomery as soon as possible. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of of this action the letter above submitted to the Court by Plaintiff. so Ordered. (Signed by Judge Victor Marrero on 8/23/2019) (js) [Transferred from nysd on 12/31/2019.]
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| 20 | 20
ENDORSED LETTER: addressed to Judge Victor Marrero from The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. So ordered. dated 8/22/2019 re: For these reasons, the Defendants respectfully request that the Court grant this application on consent and enter an order extending the time for the Defendants to answer, move, or otherwise respond to the Complaint and to conduct the Rule 26(:f) planning conference 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 qn Plaintiff's motion to remand, whichever is later. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendants. So Ordered. (Signed by Judge Victor Marrero on 8/23/2019) (js) [Transferred from nysd on 12/31/2019.]
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| 21 | 21
ENDORSED LETTER addressed to Judge Victor Marrero from Shawn P. Naunton dated 8/21/2019 re: respectfully request a conference concerning a non-dispositive motion. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by defendant CVS Health Corp. SO ORDERED. (Signed by Judge Victor Marrero on 8/23/2019) (rro) [Transferred from nysd on 12/31/2019.]
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| 22 | 22
ORDER granting6 Letter Motion for Extension of Time to Answer; granting7 Letter Motion for Extension of Time to Answer; granting8 Letter Motion for Extension of Time to Answer; granting15 Letter Motion for Extension of Time to Answer; denying without prejudice16 Motion to Remand to State Court. Accordingly, upon review of the foregoing correspondence and other materials of record in this action, it is hereby ORDERED that the time for defendants to answer, or otherwise respond in a matter consistent with this Court's Individual Practices, to the Complaint is hereby extended to thirty days after the ruling of the United States Judicial Panel on Multidistrict Litigation (the "JPMDL") upon the Transfer Motion as defined above; and it is further ORDERED that the Remand Motion (Dkt. No. 16) is DENIED without prejudice to its being refiled here, or in the Northern District of Ohio, upon the JPMDL granting or denying the Transfer Motion; and it is further ORDERED that the motion of defendant CVS Health Corporation for a temporary stay in this matter is DENIED. SO ORDERED.. (Signed by Judge Victor Marrero on 8/23/2019) (jca) [Transferred from nysd on 12/31/2019.]
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| Monday, August 26, 2019 | ||
| 23 | 23
ENDORSED LETTER addressed to Judge Victor Marrero from Hunter. J. Shkolnik dated 8/23/2019 re: Respectfully request that this Court deny CVS' s request to move for a stay and proceed with the hearing on remand before transfer of the case to the Multi-District Litigation (MDL) in the Northern District of Ohio. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiff. SO ORDERED. (Signed by Judge Victor Marrero on 8/26/2019) (kv) [Transferred from nysd on 12/31/2019.]
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| Thursday, August 29, 2019 | ||
| 24 | 24
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CVS Health Corporation.(Naunton, Shawn) [Transferred from nysd on 12/31/2019.]
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| Thursday, December 05, 2019 | ||
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 25 Notice of Voluntary Dismissal was reviewed and referred to Judge Victor Marrero for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) [Transferred from nysd on 12/31/2019.] | ||
| 25 | 25
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Discount Drug Mart, Inc.. Document filed by City of Poughkeepsie. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). . (Shkolnik, Hunter) [Transferred from nysd on 12/31/2019.]
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| Friday, December 20, 2019 | ||
| MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Northern District of Ohio. (sjo) [Transferred from nysd on 12/31/2019.] | ||
| 26 | 26
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Northern District of Ohio. (Signed by MDL Panel on 12/18/2019) (sjo) [Transferred from nysd on 12/31/2019.]
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| Tuesday, December 31, 2019 | ||
| 27 | 27
CASE TRANSFERRED IN from District of New York Southern. Case number 1:19-cv-06800. Original file, certified copy of transfer order and docket sheet received.
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| 28 | 28
Attorney Appearance by Shayna Erin Sacks filed by on behalf of City of Poughkeepsie. (Sacks, Shayna)
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| 29 | 29
Attorney Appearance by Joseph L. Ciaccio filed by on behalf of City of Poughkeepsie. (Ciaccio, Joseph)
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| 30 | 30
Attorney Appearance by Salvatore C. Badala filed by on behalf of City of Poughkeepsie. (Badala, Salvatore)
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| 31 | 31
Notice of Dismissal Under FRCP 41(a)(1) against Publix Supermarkets, Inc. filed by City of Poughkeepsie. (Badala, Salvatore)
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