Botetourt County, Virginia v. Mallinckrodt PLC 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-45064 |
| Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
| Cause | No cause code entered |
| Case Filed: | Feb 11, 2020 |
| Case in other court: | Virginia Western, 7:19-cv-00759 |
| Last checked: Monday Mar 09, 2020 1:42 PM EDT |
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Defendant
Mallinckrodt LLC
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Represented By
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Defendant
Mallinckrodt PLC
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Defendant
McKesson Corporation
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Defendant
McKesson Medical-Surgical, Inc.
8741 Landmark Road
Richmond, VA 23228 |
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Defendant
Mylan Pharmaceuticals Inc.
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Represented By
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Defendant
Optum, Inc.
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Represented By
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Defendant
OptumRX, Inc.
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Represented By
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Defendant
Par Pharmaceutical Companies Inc.
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Defendant
Par Pharmaceutical Inc.
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Defendant
Rite Aid Corp.
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Represented By
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Defendant
Rite Aid Mid-Atlantic
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Represented By
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Defendant
Rite Aid of Maryland
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Represented By
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Defendant
Rite Aid of Virginia, Inc.
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Represented By
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Defendant
MYLAN INSTITUTIONAL INC
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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
UnitedHealth Group Incorporated
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Represented By
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Defendant
Virginia CVS Pharmacy LLC
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Represented By
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Defendant
Walgreen Co.
50 West Broad St., Suite 1330
Columbus, OH 43215 |
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Defendant
Walgreen Eastern Co. Inc.
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Defendant
Walgreens Boots Alliance Inc.
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Defendant
Walmart Inc.
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Defendant
Watson Laboratories Inc.
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Defendant
Cephalon Inc.
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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 PLC
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Defendant
AmerisourceBergen Drug Corporation
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Defendant
Barr Laboratories, Inc.
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Defendant
CVS Health Corporation
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Defendant
CVS Pharmacy Inc.
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Defendant
CVS TN Distribution Center, LLC
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Defendant
Cardinal Health Inc.
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Defendant
Caremark Rx, L.L.C.
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Represented By
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Defendant
Caremark, L.L.C.
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Defendant
CaremarkPCS Health, L.L.C.
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Defendant
CaremarkPCS, L.L.C.
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Represented By
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Defendant
Express Scripts Pharmacy, Inc.
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Represented By
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Defendant
Insource, Inc.
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Defendant
Indivior Inc.
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Defendant
Henry Schein Inc.
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Defendant
General Injectables & Vaccines, Inc.
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Defendant
Does 1-100
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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
Endo Pharmaceuticals Inc.
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Defendant
Endo Health Solutions Inc.
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Defendant
Eckerd Corporation
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Represented By
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Defendant
ESI Mail Pharmacy Service, Inc.
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Represented By
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Plaintiff
Botetourt County, Virginia
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Represented By
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| TERMINATED PARTIES | |
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Defendant
Kathe Sackler
Terminated: 01/30/2020
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Defendant
Beverly Sackler
Terminated: 01/30/2020
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Defendant
David Sackler
Terminated: 01/30/2020
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Defendant
Mortimer D.A. Sackler
Terminated: 01/30/2020
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Defendant
Dr. Richard Sackler
Terminated: 01/30/2020
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Defendant
Theresa Sackler
Terminated: 01/30/2020
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Defendant
jonathan Sackler
Terminated: 01/30/2020
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Defendant
John Stewart
Terminated: 01/30/2020
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Defendant
Mark Timney
Terminated: 01/30/2020
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Defendant
Ilene Sackler Lefcourt
Terminated: 01/30/2020
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Defendant
Craig Landau
Terminated: 01/30/2020
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Defendant
Russell Gasdia
Terminated: 01/30/2020
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| Docket last updated: 03/09/2020 1:41 PM EDT |
| Wednesday, November 13, 2019 | ||
| 1 | 1
NOTICE OF REMOVAL from Botetourt County Circuit Court, case number CL19-538. (Filing & Administrative fee $ 400, receipt #0423-3269746), filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts, Inc, Express Scripts Pharmacy, Inc.(ck) [Transferred from vawd on 2/11/2020.]
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit 1-List of Opiod Cases,
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Att: 3
201 pgs
Exhibit 2-State Court Records,
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Att: 4
Exhibit 3-State Court Waivers of Service
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| 2 | 2
Positive Corporate Disclosure Statement by Express Scripts, Inc identifying Corporate Parent Cigna Corporation, Corporate Parent Express Scripts Holding Company for Express Scripts, Inc. (ck) [Transferred from vawd on 2/11/2020.]
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| 3 | 3
Positive Corporate Disclosure Statement by ESI Mail Pharmacy Service, Inc. identifying Corporate Parent Cigna Corporation, Corporate Parent Express Scripts Holding Company, Corporate Parent Express Scripts, Inc. for ESI Mail Pharmacy Service, Inc.. (ck) [Transferred from vawd on 2/11/2020.]
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| 4 | 4
Positive Corporate Disclosure Statement by Express Scripts Pharmacy, Inc. identifying Corporate Parent Cigna Corporation, Corporate Parent Express Scripts Holding Company, Corporate Parent Express Scripts, Inc. for Express Scripts Pharmacy, Inc.. (ck) [Transferred from vawd on 2/11/2020.]
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| 5 | 5
Positive Corporate Disclosure Statement by Express Scripts Holding Company identifying Corporate Parent Cigna Corporation for Express Scripts Holding Company. (ck) [Transferred from vawd on 2/11/2020.]
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| Thursday, November 14, 2019 | ||
| 6 | 6
Magistrate Consent Notice to Parties. (ck) [Transferred from vawd on 2/11/2020.]
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| Friday, November 15, 2019 | ||
| 7 | 7
NOTICE of Appearance by Turner Anderson Broughton on behalf of Optum, Inc., OptumRx, Inc., Unitedhealth Group Incorporated (Broughton, Turner) [Transferred from vawd on 2/11/2020.]
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| 8 | 8
Negative Corporate Disclosure Statement by Unitedhealth Group Incorporated (Broughton, Turner) Modified on 11/18/2019 to correct docket text (ck). [Transferred from vawd on 2/11/2020.]
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| 9 | 9
Positive Corporate Disclosure Statement by OptumRx, Inc. identifying Corporate Parent OptumRX Holdings, LLC and UnitedHealth Group Incorporated. (Broughton, Turner) Modified on 11/18/2019 to add parent corporations (ck). [Transferred from vawd on 2/11/2020.]
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| 10 | 10
Positive Corporate Disclosure Statement by Optum, Inc. identifying Corporate parent United HealthCare Services, Inc. and United Health Group Incorporated (Broughton, Turner) Modified on 11/18/2019 to add corporate parents (ck). [Transferred from vawd on 2/11/2020.]
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| 11 | 11
Order Requesting Transmittal of Case File from Botetourt County Circuit Court. Signed by Judge Elizabeth K. Dillon on 11/15/2019. (ck) [Transferred from vawd on 2/11/2020.]
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| Monday, November 18, 2019 | ||
| 12 | 12
NOTICE of Appearance by Samuel Perry Coburn on behalf of CVS Health Corporation, CVS Pharmacy, Inc., CVS TN Distribution, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C., CaremarkPCS Health, L.L.C., CaremarkPCS, L.L.C., Virginia CVS Pharmacy, L.L.C. (Coburn, Samuel) [Transferred from vawd on 2/11/2020.]
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| 13 | 13
Positive Corporate Disclosure Statement by CVS Health Corporation (Coburn, Samuel) [Transferred from vawd on 2/11/2020.]
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| 14 | 14
Positive Corporate Disclosure Statement by CVS Pharmacy, Inc. identifying Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc.. (Coburn, Samuel) [Transferred from vawd on 2/11/2020.]
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| 15 | 15
Positive Corporate Disclosure Statement by CVS TN Distribution, L.L.C. identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation for CVS TN Distribution, L.L.C.. (Coburn, Samuel) [Transferred from vawd on 2/11/2020.]
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| 16 | 16
Positive Corporate Disclosure Statement by Virginia CVS Pharmacy, L.L.C. identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation for Virginia CVS Pharmacy, L.L.C.. (Coburn, Samuel) [Transferred from vawd on 2/11/2020.]
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| 17 | 17
Positive Corporate Disclosure Statement by Caremark RX, L.L.C. identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation for Caremark RX, L.L.C.. (Coburn, Samuel) [Transferred from vawd on 2/11/2020.]
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| 18 | 18
Positive Corporate Disclosure Statement by CaremarkPCS Health, L.L.C. identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation, Corporate Parent Caremark Rx, L.L.C., Corporate Parent CaremarkPCS, L.L.C. for CaremarkPCS Health, L.L.C.. (Coburn, Samuel) [Transferred from vawd on 2/11/2020.]
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| 19 | 19
Positive Corporate Disclosure Statement by Caremark, L.L.C. identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation, Corporate Parent Caremark Rx, L.L.C. for Caremark, L.L.C.. (Coburn, Samuel) [Transferred from vawd on 2/11/2020.]
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| 20 | 20
Positive Corporate Disclosure Statement by CaremarkPCS, L.L.C. identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation, Corporate Parent Caremark Rx, L.L.C. for CaremarkPCS, L.L.C.. (Coburn, Samuel) [Transferred from vawd on 2/11/2020.]
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| 21 | 21
NOTICE of Appearance by Jon Myer Talotta on behalf of Mylan Institutional Inc., Mylan Pharmaceuticals, Inc. (Talotta, Jon) [Transferred from vawd on 2/11/2020.]
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| 22 | 22
Positive Corporate Disclosure Statement by Mylan Institutional Inc., Mylan Pharmaceuticals, Inc. identifying Corporate Parent Mylan, N.V., Corporate Parent Mylan, Inc. for Mylan Institutional Inc., Mylan Pharmaceuticals, Inc.. (Talotta, Jon) [Transferred from vawd on 2/11/2020.]
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| 23 | 23
NOTICE of Appearance by Rebecca Cheryl Mandel on behalf of Mylan Institutional Inc., Mylan Pharmaceuticals, Inc. (Mandel, Rebecca) [Transferred from vawd on 2/11/2020.]
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| Tuesday, November 19, 2019 | ||
| 24 | 24
NOTICE of Change of Address by Richard Johan Conrod, Jr (Conrod, Richard) [Transferred from vawd on 2/11/2020.]
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| 25 | 25
NOTICE by CVS Health Corporation, CVS Pharmacy, Inc., CVS TN Distribution, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C., CaremarkPCS Health, L.L.C., CaremarkPCS, L.L.C., Virginia CVS Pharmacy, L.L.C. [ SUPPLEMENTAL NOTICE OF REMOVAL ](Coburn, Samuel) [Transferred from vawd on 2/11/2020.]
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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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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9
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| 26 | 26
Joint MOTION for an Order Memorializing Parties' Agreement Regarding Time to Answer, Move, or Otherwise Respond to Complaint by Mallinckrodt LLC, Specgx LLC.(Miller, Sarah) [Transferred from vawd on 2/11/2020.]
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Att: 1
Text of Proposed Order
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| Wednesday, November 20, 2019 | ||
| 27 | 27
ORDER granting26 Motion for an Order Memorializing Parties' Agreement Regarding Time to Answer, Move, or Otherwise Respond to Complaint. Signed by Judge Elizabeth K. Dillon on 11/20/2019. (ck) [Transferred from vawd on 2/11/2020.]
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| Thursday, December 05, 2019 | ||
| 28 | 28
Positive Corporate Disclosure Statement by Express Scripts Pharmacy, Inc. identifying Corporate Parent Cigna Corporation, Other Affiliate Express Scripts Holding Company for Express Scripts Pharmacy, Inc.. (Scott, Emily) [Transferred from vawd on 2/11/2020.]
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| Friday, December 13, 2019 | ||
| 29 | 29
MOTION to Remand to State Court and Incorporated Memorandum in Support by Botetourt County, Virginia.(Conrod, Richard) [Transferred from vawd on 2/11/2020.]
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Att: 1
Exhibit 1
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| 30 | 30
Supplemental MOTION to Remand to State Court and Incorporated Memorandum in Support (addressing Supplemental Notice of Removal) by Botetourt County, Virginia. (Conrod, Richard) [Transferred from vawd on 2/11/2020.]
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| Monday, December 16, 2019 | ||
| 31 | 31
MOTION Setting Briefing Schedule (Unopposed) Regarding Plaintiff's Motions to Remand and Defendants' Forthcoming Motion to Stay by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.(Scott, Emily) [Transferred from vawd on 2/11/2020.]
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Att: 1
Text of Proposed Order
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| Tuesday, December 17, 2019 | ||
| 32 | 32
MOTION to Stay Moving Defendants' Motion for Temporary Stay of Proceedings Pending the JPML's Final Transfer Decision by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.(Scott, Emily) [Transferred from vawd on 2/11/2020.]
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Att: 1
Text of Proposed Order
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| 33 | 33
Brief / Memorandum in Support re32 MOTION to Stay Moving Defendants' Motion for Temporary Stay of Proceedings Pending the JPML's Final Transfer Decision . filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.(Scott, Emily) [Transferred from vawd on 2/11/2020.]
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Att: 1
Exhibit 1 - CTO-122,
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Att: 2
Exhibit 2 - List of Opioid Cases,
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Att: 3
Exhibit 3 - Wave 1 and 2 Stay Orders,
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Att: 4
Exhibit 4 - J. Polster Federal Officer Order,
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Att: 5
Exhibit 5 - Federal Officer Removed Cases,
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Att: 6
Exhibit 6 - All Federal Officer Stays,
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Att: 7
Exhibit 7 - Diversity Removed Cases,
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Att: 8
Exhibit 8 - NY Fraudulent Misjoinder Cases,
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Att: 9
Exhibit 9 - Federal Question Removed Cases,
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Att: 10
Exhibit 10 - CAFA Removed Cases,
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Att: 11
Exhibit 11 - CAFA Stay Orders,
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Att: 12
Exhibit 12 - Board of Commissioners Opinion,
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Att: 13
Exhibit 13 - Commonwealth of Kentucky
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| Wednesday, December 18, 2019 | ||
| 34 | 34
NOTICE of Appearance by Patrick Alan Harvey on behalf of Eckerd Corporation, Rite Aid Corp., Rite Aid Mid-Atlantic, Rite Aid of Maryland, Inc., Rite Aid of Virginia, Inc. (Harvey, Patrick) [Transferred from vawd on 2/11/2020.]
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| 35 | 35
Positive Corporate Disclosure Statement by Eckerd Corporation, Rite Aid Corp., Rite Aid Mid-Atlantic, Rite Aid of Maryland, Inc., Rite Aid of Virginia, Inc. identifying Corporate Parent Rite Aid Corp. for Eckerd Corporation, Rite Aid Mid-Atlantic, Rite Aid of Maryland, Inc., Rite Aid of Virginia, Inc.. (Harvey, Patrick) [Transferred from vawd on 2/11/2020.]
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| 36 | 36
Paper State Court Records received from Botetourt County Circuit Court, CL19-538, (Paper records available for viewing in the Clerk's Office.) (ck) [Transferred from vawd on 2/11/2020.]
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| Thursday, December 19, 2019 | ||
| 37 | 37
ORDER granting31 Motion Setting Briefing Schedule. Signed by Judge Elizabeth K. Dillon on 12/19/2019. (ck) [Transferred from vawd on 2/11/2020.]
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| Friday, January 10, 2020 | ||
| 38 | 38
Brief / Memorandum in Opposition re30 Supplemental MOTION to Remand to State Court and Incorporated Memorandum in Support (addressing Supplemental Notice of Removal) . filed by CVS Health Corporation, CVS Pharmacy, Inc., CVS TN Distribution, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C., CaremarkPCS Health, L.L.C., CaremarkPCS, L.L.C., Virginia CVS Pharmacy, L.L.C..(Coburn, Samuel) [Transferred from vawd on 2/11/2020.]
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Att: 1
Exhibit 1 (Second Wave Transfer Orders)
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| 39 | 39
BRIEF/MEMORANDUM IN SUPPORT OF EXPRESS SCRIPTS OPPOSITION TO MOTION TO REMAND re29 MOTION to Remand to State Court and Incorporated Memorandum in Support - Express Scripts Opposition to Motion to Remand . filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.(Scott, Emily) Modified on 1/13/2020 to correct docket text at attorneys request (ck). [Transferred from vawd on 2/11/2020.]
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Att: 1
Exhibit 1 - Federal Officer Removed Cases,
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Att: 2
Exhibit 2 - Diversity Removed Cases,
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Att: 3
Exhibit 3 - Botetourt Cahil Statement,
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Att: 4
Exhibit 4 - Statement of Work (DOD Contract),
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Att: 5
Exhibit 5 - List of Opioid Cases,
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Att: 6
Text of Proposed Order
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| 40 | 40
MOTION Conditional Motion for Order Implementing Automatic Stay Under Fed. Rule of Civil Procedure 62(a) by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.(Scott, Emily) [Transferred from vawd on 2/11/2020.]
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Att: 1
Text of Proposed Order
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| 41 | 41
Brief / Memorandum in Support re40 MOTION Conditional Motion for Order Implementing Automatic Stay Under Fed. Rule of Civil Procedure 62(a) . filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc. (Scott, Emily) [Transferred from vawd on 2/11/2020.]
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| Tuesday, January 14, 2020 | ||
| 42 | 42
Brief / Memorandum in Opposition re32 MOTION to Stay Moving Defendants' Motion for Temporary Stay of Proceedings Pending the JPML's Final Transfer Decision . filed by Botetourt County, Virginia.(Conrod, Richard) [Transferred from vawd on 2/11/2020.]
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Att: 1
Exhibit A
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| Friday, January 17, 2020 | ||
| 43 | 43
REPLY to Response to Motion re30 Supplemental MOTION to Remand to State Court and Incorporated Memorandum in Support (addressing Supplemental Notice of Removal) . filed by Botetourt County, Virginia. (Conrod, Richard) [Transferred from vawd on 2/11/2020.]
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| 44 | 44
REPLY to Response to Motion re29 MOTION to Remand to State Court and Incorporated Memorandum in Support . filed by Botetourt County, Virginia. (Conrod, Richard) [Transferred from vawd on 2/11/2020.]
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| Tuesday, January 21, 2020 | ||
| 45 | 45
Reply Memorandum in Support of Moving Defendants' Motion for a Temporary Stay of Proceedings Pending Likely Transfer to Multidistrict Litigation . filed by ESI Mail Pharmacy Service, Inc., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.(Scott, Emily) [Transferred from vawd on 2/11/2020.]
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Att: 1
Exhibit 1 - Federal Officer Cases,
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Att: 2
Exhibit 2 - Judge Polster Order,
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Att: 3
Exhibit 3 - Martinsville Stay Order
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| Friday, January 24, 2020 | ||
| 46 | 46
Brief / Memorandum in Opposition re40 MOTION Conditional Motion for Order Implementing Automatic Stay Under Fed. Rule of Civil Procedure 62(a) . filed by Botetourt County, Virginia. (Conrod, Richard) [Transferred from vawd on 2/11/2020.]
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| Wednesday, January 29, 2020 | ||
| 47 | 47
NOTICE of Voluntary Dismissal by Botetourt County, Virginia (Conrod, Richard) [Transferred from vawd on 2/11/2020.]
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| Thursday, January 30, 2020 | ||
| 48 | 48
ORDER granting32 Motion to Stay Case. This case is STAYED temporarily pending a decision by the JPML as to whether these cases will be transferred to the Opiate MDL. Signed by Judge Elizabeth K. Dillon on 1/30/2020. (ck) [Transferred from vawd on 2/11/2020.]
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| Wednesday, February 05, 2020 | ||
| 49 | 49
Notice of MDL Transfer Order from Northern District of Ohio; MDL No. 2804 (ck) [Transferred from vawd on 2/11/2020.]
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| Tuesday, February 11, 2020 | ||
| 50 | 50
CASE TRANSFERRED IN from District of Virginia Western. Case number 7:19-cv-00759. Original file, certified copy of transfer order and docket sheet received.
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