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No. 52 Motion for Just Costs and Actual Expenses Pursuant to 28 U.S.C. § 1447(c) filed by Plaintiff ...

Document City of Seattle v. Purdue Pharma L.P. et al, 1:18-op-45089, No. 52 (N.D.Ohio May. 26, 2022)

Motion for Costs

Seattle recognizes that, exercising discretion, some courts have declined to award costs and fees when the removing party improperly invoked fraudulent misjoinder theory, but none confronted the aggravating circumstances here.

1 None endorsed it.

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- Dan Aaron Polster (MDL 2804)
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No. 3579 Order Regarding Apportionability and Apportionment

Document In Re: National Prescription Opiate Litigation, 1:17-md-02804, No. 3579 (N.D.Ohio Dec. 9, 2020)

“Track Three Cases” Over a year ago, on September 4, 2019, the Court issued an order ruling on “the Motion of Plaintiffs Cuyahoga and Summit Counties for Partial Summary Adjudication of their Equitable Claims for Abatement of an Absolute Public Nuisance.” See docket no. 2572 at 1 (“Nuisance SJ- Order”).

PageID #: 507622 depends on factual issues to be determined at trial,” and “denie[d] Plaintiffs’ motion to the extent it seeks a ruling that public nuisance liability is joint and several as a matter of law.” Id. at 6, 7.

The Pharmacy Defendants – apparently relying on the Court’s statement it would determine “at trial” whether their liability (if any) would be joint and several, or instead apportioned – have submitted proposed jury instructions for Track One-B addressing apportionment.

Thus, the Court, exercising its equitable powers, has the discretion to craft a remedy that will require Defendants, if they are found liable, to pay the prospective costs that will allow Plaintiffs’ to abate the opioid crisis.

See, e.g., id. at 8-9 (“While a bench trial may insulate litigants from the inflamed passions of a jury, there is also great virtue in entrusting the judgment of any case – especially one with such broad social significance – to the collective deliberation of twelve citizens representing a cross-section of society, properly instructed by the Court, rather than reposing the entire responsibility in the mind and sensibilities of just one individual.”).

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No. 3499 Order denying Pharmacy Defendants' Motion for reconsideration or certification

Document In Re: National Prescription Opiate Litigation, 1:17-md-02804, No. 3499 (N.D.Ohio Sep. 22, 2020)

Laborers Health & Welfare Fund

PageID #: 502743 Davie v. Mitchell

Morris v. SullivanBolles v. Toledo Trust Co. Track Three OrderMorris Bolles See Track Three OrderMorris Bolles W. Kentucky Royalty Tr. v. Armstrong Coal Reserves, Inc

PageID #: 502745 all Track Three Order only

Track Three Order In re City of Memphis Adell v. Cellco P’ship United States v. Stone

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No. 3362 Order denying Distributors' Motion to Certify Under 28 U.S.C. § 1292(b) the Court's April 30, ...

Document In Re: National Prescription Opiate Litigation, 1:17-md-02804, No. 3362 (N.D.Ohio Jun. 30, 2020)

“[D]oubts regarding appealability [should be] resolved in favor of finding that the interlocutory order is not appealable.” Adell v. Cellco P’ship, No. 1:18cv623, 2019 WL 5285627, at *1 (N.D. Ohio Oct. 18, 2019) (quoting United States v. Stone, 53 F.3d 141, 143–44 (6th Cir. 1995)).

This Court previously considered and denied a similar request by Distributors to certify for interlocutory appeal the Court’s partial denial of their motion to dismiss Plaintiffs’ RICO claims in Cleveland Bakers & Teamsters Health & Welfare Fund et al. v. Purdue Pharma, L.P. et al, No. 18op45432.

3d 639, 644 (N.D. Ohio 2016) (citation omitted) (declining to certify appeal where defendant cited no precedent calling into question court’s interpretation of statute and failed to demonstrate difference of opinion within or among circuits).

As Distributors state, under Michigan law, “[t]he primary goal of judicial interpretation of statutes is to ascertain and give effect to the intent of the Legislature.

Instead, they argue reasonable jurists could disagree with the conclusion that Plaintiff’s claims are not based on “production of a product,” asserting Michigan courts interpret the MPLA’s immunity provisions “broadly.” In support, Distributors rely on cases describing legislative intent and the “myriad of activities” protected by the statute.

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No. 3318 Transfer Order by the Judicial Panel on Multidistrict Litigation transferring the listed cases ...

Document In Re: National Prescription Opiate Litigation, 1:17-md-02804, No. 3318 (N.D.Ohio Jun. 3, 2020)

In that order, we held that the Northern District of Ohio was an appropriate Section 1407 forum for actions sharing factual questions regarding the allegedly improper marketing and distribution of various prescription opiate medications into states, cities, and towns across the country.

Plaintiffs and the Northern District of Mississippi defendants oppose transfer by principally arguing that federal jurisdiction is lacking over their cases.

But opposition to transfer based on a * Judges Ellen Segal Huvelle and Nathaniel M. Gorton did not participate in the decision of this matter.

Given the undisputed factual overlap with the MDL proceedings, transfer is justified in order to facilitate the efficient conduct of the litigation as a whole.

IT IS THEREFORE ORDERED that the actions listed on Schedule A are transferred to the Northern District of Ohio and, with the consent of that court, assigned to the Honorable Dan A. Polster for inclusion in the coordinated or consolidated pretrial proceedings.

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No. 54 Acknowledge of Receipt by King County Superior Court (P,R) (Entered: 06/23/2022)

Document City of Seattle v. Purdue Pharma L.P. et al, 1:18-op-45089, No. 54 (N.D.Ohio Jun. 23, 2022)

Case: 1:18-op-45089-DAP Doc #: 54 Filed: 06/23/22 1 of 1. PageID #: 1461

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No. 3284 Order De-designating DEA Suspicious Order Reports (Related Doc # 3277 )

Document In Re: National Prescription Opiate Litigation, 1:17-md-02804, No. 3284 (N.D.Ohio Apr. 30, 2020)

Smith Holding Company; Henry Schein, Inc. and Henry Schein Medical Systems, Inc.; McKesson Corporation; Rite Aid of Maryland, Inc. dba Rite Aid Mid-Atlantic Customer Support Center; Walgreen Co. and Walgreen Eastern Co.; Walmart, Inc., and Prescription Supply Inc.

The Redaction Order stated that “all SORs shall be unsealed and/or unredacted unless a Defendant can demonstrate that specific information contained in the SOR provides a clear indication to a potential customer of a way to ‘game the system’ and defeat the Defendants’ SOMS or lead to diversion.” Id. at 6 (emphasis in original).

Moreover, it is telling that the DEA itself – the very federal agency responsible for guarding against drug diversion, and ensuring its own future investigations will not be thwarted – has agreed to disclosure of the SORs.

Upon issuance of this order, the “electronic SORs data,” which are defined as those SORs that registrants sent to DEA headquarters pursuant to memorandums of agreement, that were produced by the DEA to the parties, shall be de-designated confidential and its possession, use, and disclosure will no longer be restricted by the Protective Order;

The remaining SORs data produced by DEA to the parties shall be de-designated confidential no later than 14 days from the issuance of this order,

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