1:17-MD-02804
11/04/2022
Pending - Other Pending
Personal Injury - Other Personal Injury
Dan Aaron Polster (MDL 2804)
McKesson Corporation
Purdue Pharma L.P.
Actavis, Inc.
Insys Therapeutics, Inc.
Perry Fine
Allergan PLC
Teva Pharmaceuticals USA, Inc.
Cardinal Health, Inc.
Endo Pharmaceuticals, Inc.
Russell Portenoy
Actavis LLC
Allergan Finance LLC
Actavis Pharma, Inc.
Watson Laboratories, Inc.
Martin L. Roth
Attorney at Kirkland & Ellis - Chicago
300 North Lasalle Street
Chicago, IL 60654
Timothy W. Knapp
Attorney at Kirkland & Ellis - Chicago
300 North Lasalle Street
Chicago, IL 60654
Gregory D. Brunton
Attorney at Gordon Rees Scully Mansukhani- Columbus
41 South High Street
Columbus, OH 43215
Jason J. Blake
Attorney at Calfee, Halter & Griswold - Columbus
1200 Huntington Center, 41 South High Street
Columbus, OH 43215
Steven A. Reed
Attorney at Morgan, Lewis & Bockius - Philadelphia
1701 Market Street
Philadelphia, PA 19103
Alana V. Tanoury
Attorney at Steptoe & Johnson - Columbus
41 South High Street
Columbus, OH 43215
Sandra K. Zerrusen
Attorney at Jackson Kelly - Akron
50 South Main Street
Akron, OH 44308
Justin E. Rice
Attorney at Tucker Ellis - Cleveland
950 Main Avenue
Cleveland, OH 44113
Alvin L. Emch
Attorney at Jackson Kelly - Charleston
500 Lee Street, P.O. Box 553
Charleston, WV 25322
Shannon E. McClure
Attorney at Reed Smith - Philadelphia
Three Logan Square, 1717 Arch Street
Philadelphia, PA 19103
Andrew N. Schock
Attorney at Jackson Kelly - Akron
50 South Main Street
Akron, OH 44308
(#4961) Opposition to #4937 Motion to strike Dr. Jack Fincham's Improper and Untimely Expert Report filed by Plaintiffs Liaison Counsel. (Weinberger, Peter) (Entered: 03/21/2023)
Proposed Order
Exhibit Kroger Disclosure of Expert Witnesses
Exhibit Letter re Kroger's Expert Witness Disclosure
Exhibit Expert Report of Dr. Jack Fincham
(#4961) Opposition to #4937 Motion to strike Dr. Jack Fincham's Improper and Untimely Expert Report filed by Plaintiffs Liaison Counsel. (Weinberger, Peter) (Entered: 03/21/2023)
Proposed Order
Exhibit A - Proposed Amended Complaint [Redacted]
Order [non-document] regarding Plaintiff's Motion for leave from Moratorium on Substantive Filings to (1) Permit Motion to Sever Non-PBM Defendants from Claims Against PBM Defendants Express Scripts and OptumRx, and (2) Permit Amendment of its Complaint (Related Doc #4896 ). Motion denied without prejudice. Plaintiff can raise this issue again, if appropriate, after the PBM bellwether cases are chosen. Entered on behalf of Judge Dan Aaron Polster on 3/20/2023. (M,CE) (Entered: 03/20/2023)
(#4960) Amended Submission Regarding Plaintiff Fact Sheets and Service of Process filed by Mylan, Inc. (Attachments: #1 Exhibit 1) Related document(s) #4801 .(Mandel, Rebecca) (Entered: 03/17/2023)
Docket(#4961) Opposition to #4937 Motion to strike Dr. Jack Fincham's Improper and Untimely Expert Report filed by Plaintiffs Liaison Counsel. (Weinberger, Peter) (Entered: 03/21/2023)
[-] Read LessDocketOrder [non-document] regarding Plaintiff's Motion for leave from Moratorium on Substantive Filings to (1) Permit Motion to Sever Non-PBM Defendants from Claims Against PBM Defendants Express Scripts and OptumRx, and (2) Permit Amendment of its Complaint (Related Doc #4896 ). Motion denied without prejudice. Plaintiff can raise this issue again, if appropriate, after the PBM bellwether cases are chosen. Entered on behalf of Judge Dan Aaron Polster on 3/20/2023. (M,CE) (Entered: 03/20/2023)
[-] Read LessDocket(#4960) Amended Submission Regarding Plaintiff Fact Sheets and Service of Process filed by Mylan, Inc. (Attachments: #1 Exhibit 1) Related document(s) #4801 .(Mandel, Rebecca) (Entered: 03/17/2023)
[-] Read LessDocket(#4959) Reply in support of #4922 Motion to dismiss Unserved or untimely served cases filed by Publix Supermarkets, Inc.. (Kapke, Kara) (Entered: 03/17/2023)
[-] Read LessDocket(#4958) Notice of Second Amendment to Court-Ordered MDL Case List filed by Indivior PLC, Indivior, Inc.. (Attachments: #1 Exhibit A - Second Amended Indivior MDL PFS and Service List)Related document(s) #4869 , #4851 .(Durant, Maria) (Entered: 03/17/2023)
[-] Read LessDocket(#4957) Reply in support of #4930 Motion for Case Management Order Regarding Previously Decided Issues filed by Plaintiffs Liaison Counsel. (Weinberger, Peter) (Entered: 03/16/2023)
[-] Read LessDocketRequest to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: Judge Polster not requiring.. Receipt #: 144169, filed by Target Corporation. Related document(s) #4954 . (Middleton, Kate) (Entered: 03/15/2023)
[-] Read LessDocketOrder [non-document] finding moot Target Corporation's Motion for appearance pro hac vice (Related Doc #4954 ). Per the 12/14/17 Order (Doc. #4 ), the Court is not requiring pro hac vice motions. A request for a refund for the fees paid may be made by using the CM/ECF event "Request to Clerk for Refund of Erroneous or Duplicate On-line Filing Fee Payment." Entered on behalf of Judge Dan Aaron Polster on 3/14/2023. (M,CE) (Entered: 03/14/2023)
[-] Read LessDocket(#4956) Attorney Appearance of Brian Himmel by Robert A. Nicholas filed by on behalf of H. D. Smith Holding Company, H. D. Smith Holdings, LLC, H. D. Smith, LLC, H.D. Smith Wholesale Drug Co.. (Nicholas, Robert) (Entered: 03/14/2023)
[-] Read LessDocket(#4955) Attorney Appearance of Louis Schack by Robert A. Nicholas filed by on behalf of H. D. Smith Holding Company, H. D. Smith Holdings, LLC, H. D. Smith, LLC, H.D. Smith Wholesale Drug Co.. (Nicholas, Robert) (Entered: 03/14/2023)
[-] Read LessDocket(#8) Attorney Appearance of Gretchen Freeman Cappio by Derek W. Loeser filed by on behalf of City of Tacoma. (Loeser, Derek) (Entered: 12/14/2017)
[-] Read LessDocket(#7) Notice of Organizational Meeting for Plaintiffs' Counsel ONLY scheduled for Monday, December 18, 2017 filed by All Plaintiffs. (Weinberger, Peter) (Entered: 12/14/2017)
[-] Read LessDocket(#6) Expedited Non-Appeal Transcript Order Form for proceedings held on December 13, 2017 before Judge Polster, Court Reporter: George Staiduhar. Requested completion date: 12/15/17 filed by City of Tacoma. (Loeser, Derek) (Entered: 12/14/2017)
[-] Read LessDocket(#5) Conditional Transfer Order (CTO-1) by the Judicial Panel on Multidistrict Litigation transferring the action(s) on the attached schedule to the Northern District of Ohio. (C,KA) (Entered: 12/14/2017)
[-] Read LessDocket(#4) Minutes of Teleconference and Scheduling Order. The Court held an initial teleconference with Counsel in this Multidistrict Litigation (MDL) on December 13, 2017. No later than 12:00 noon Eastern Time on Wednesday, December 20, 2017, Counsel for Plaintiffs and Defendants shall file a Motion to Approve Liaison Counsel and Steering Committees. All agreed with the Court's suggestion that it would be beneficial to appoint a Special Master to assist in handling this MDL. So, no later than 12:00 noon Eastern Time on Wednesday, December 20, 2017, Counsel shall caucus and file any recommendations of specific persons. There are currently pending 16 cases with remand motions where Defendants removed the case to federal court based ostensibly on diversity jurisdiction, contending that the non-diverse Distributor Defendants were fraudulently joined. The Court explained that it would be better to leave the motions pending for the time being for reasons stated on the record, and Counsel agreed. There is, however, one remand motion pending in a case that Defendants removed to federal court a second time, after the district judge granted plaintiffs' motion to remand. State of West Virginia, et al. v. McKesson Corp., C.A. No. 2:17-03555. The Court has directed the Clerk of Court to transfer that case back to the transferor court for a ruling on the pending motion to remand. Should the district judge deny the motion, it shall transfer the case back to this MDL. The Court has scheduled a conference beginning at 9:00 a.m. on Tuesday, January 9, 2018. This is an in-person conference for Counsel only. The Court agreed that Plaintiffs and Defendants may each email to the Court, no later than 12:00 noon Eastern Time on Friday, January 5, 2018, suggestions they believe will assist the Court in organizing and managing this MDL. The Court granted Counsel's verbal request to extend the deadline for achieving service to 60 days after the expiration of the time period under Federal Rule Civil Procedure 4(m). Because the Court is still in the early stages of organizing the MDL, the Court has put a moratorium on all filings, other than the ones mentioned herein, for 60 days. Judge Dan Aaron Polster on 12/14/2017 (C,KA) (Entered: 12/14/2017)
[-] Read LessDocket(#3) Expedited Non-Appeal Transcript Order Form for proceedings held on 12/13/17 before Judge Polster, Court Reporter: George Studehar. Requested completion date: 12/15/17 filed by All Plaintiffs. (Weinberger, Peter) (Entered: 12/14/2017)
[-] Read LessDocket(#2) Expedited Non-Appeal Transcript Order Form for proceedings held on December 13, 2017 before Judge Polster, Court Reporter: George Staiduhar. Requested completion date: December 18, 2017 filed by Purdue Frederick Company, Inc., Purdue Pharma Inc., Purdue Pharma L.P.. (Buckley, Daniel) (Entered: 12/14/2017)
[-] Read LessDocket(#1) Transfer Order by the Judicial Panel on Multidistrict Litigation transferring the 64 listed cases to the Northern District of Ohio. (C,KA) (Entered: 12/12/2017)
[-] Read LessDocketRandom Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge David A. Ruiz. (C,KA) Modified filed date 12/12/2017 (C,KA). (Entered: 12/12/2017)
[-] Read LessDocketJudge Dan Aaron A. Polster(MDL2804) assigned to case. (C,KA) (Entered: 12/08/2017)
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