PageID #: 638419

See “Order Establishing Application Protocols for Reimbursement of Common Benefit Attorneys’ Fees Protocol Order

PageID #: 638420

and client representatives, the PBM Bellwether Plaintiffs’ counsel and law directors, and the Plaintiffs’ Executive Committee, to discuss recent submissions by the parties indicating they are struggling to work together.

To facilitate collegiality among counsel and client representatives, the Court will resume holding monthly, in-person status conferences in the Carl B. Stokes Federal Courthouse, Courtroom 18B.

The practice of holding in-person status conferences was instituted at the MDL’s inception but discontinued due to the Covid pandemic.

These in-person conferences were very successful at allowing the parties and their counsel to more effectively and efficiently work out their differences, both with and without the Court’s help.

The first in-person PBM Bellwether Status Conference is scheduled for June 25, 2024, at 3:00 PM in the Carl B. Stokes Federal Courthouse, Courtroom 18B in Cleveland, Ohio.

IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel of record for the Plaintiff Subdivisions identified in Appendix A (collectively, the “Dismissing Plaintiffs”) and Defendants CVS Health Corporation and CVS Pharmacy, Inc. (collectively and together with the Released Entities, “CVS”1) that, pursuant to the election of each Dismissing Plaintiff to participate in the CVS Settlement Agreement, which is dated December 9, 2022, and binding on the Dismissing Plaintiffs and CVS, and which has an Effective Date of June 23, 2023 (a copy of which is attached as Appendix B), all claims of each Dismissing Plaintiff against CVS, including any entity identified on the attached Appendix C, are hereby voluntarily DISMISSED WITH PREJUDICE, with each party to bear its own costs.

The Court shall retain jurisdiction with respect to the CVS Settlement Agreement to the extent provided under that Agreement.2 1 The Released Entities are each and every entity that is a “Released Entity” as set forth in Section I.KKK and Exhibit J of the CVS Settlement Agreement, dated as of December 9, 2022, a copy of which is attached as Appendix B.

Appendix C is not intended to limit the scope of Released Entities, and to the extent that Dismissing Plaintiffs or CVS subsequently identify any Released Entity that should have been included on Appendix C and is a defendant in an action brought by a Dismissing Plaintiff, they will inform the Clerk of the Court.

2 To the extent any Plaintiff Subdivision is inadvertently included on Appendix A, the Court retains jurisdiction to hear those disputes.

Dated: April 17, 2024 Agreed as to form and substance: Respectfully submitted,

Plaintiffs argue that Defendants have failed to demonstrate that state-wide data will create an undue burden disproportionate to the need and relevancy of the requested discovery.

Special Master Cohen has exercised this discretion by limiting the geographical scope of discovery to the states in which bellwether trials are to be scheduled.

The PBM Defendants continue to disagree with Special Master Cohen’s ruling, but they have not demonstrated that the alleged burden of producing state-wide discovery outweighs its likely benefit.

Moreover, Plaintiffs have cited public statements made by Defendant OptumRx touting its ability to quickly compile pharmacy and medical data.

Accordingly, the Court finds that the geographical scope determined by Special Master Cohen is appropriate and the PBM Defendants’ objection (docket no. 5395) is OVERRULED.

The Hospital Plaintiffs listed in the charts( ) p Defendants' Motion to Dismiss (docket no. 5373) is GRANTED.

Defendants1 hereby move to dismiss with prejudice the complaints of hospital plaintiffs that have failed to submit fact sheets and the complaints of hospital plaintiffs that have failed to cure material deficiencies in their fact sheets.

Plaintiffs that fail to submit a fact sheet may be dismissed with prejudice under Fed. R. Civ.

The Court ordered hospital plaintiffs to submit fact sheets by January 26, 2024, and warned that it would dismiss with prejudice the cases of any hospital plaintiffs that failed to submit a fact sheet.

PageID #: 634025 Hospital Plaintiff Bon Secours Depaul Medical Center, Inc. (VA)

By agreement of the parties, the Court hereby orders that the deadlines in the Court’s Nunc Pro Tunc Amended Case Management Order (ECF 5298) are hereby amended and the case is stayed as to defendant Teva Pharmaceutical Industries Ltd. (“Teva Ltd.”) as follows:

Plaintiffs acknowledge that they only seek to impose liability on Teva Ltd. derivatively, based on the alleged conduct of the direct and indirect subsidiaries of Teva Ltd., including an alter ego or successor theory of liability.

In the event of a Plaintiffs’ verdict against any of Teva Ltd.’s subsidiaries that are defendants in the Track 16 through 19 trials, the Court will subsequently determine whether it has personal jurisdiction over Teva Ltd. in the specific Track 16 through 19 case where a Plaintiffs’ verdict was issued, based on the schedule set forth below.

Following the filing of a motion to dismiss, the parties shall meet and confer promptly regarding the necessity, scope of, and a schedule for jurisdictional discovery.

Teva Ltd.’s objections to personal jurisdiction are expressly reserved and will be determined as set forth in this Order.

Plaintiff’s pro se petition sets out that the action is brought against Defendant based on alleged violations of Title VII of the Civil Rights Act.

Plaintiff also alleges state law claims based on “tort and actions for damages Missouri Title XXXVI, Mo Rule Civil Procedures Revised Statues [sic] Chapter 537.” Plaintiff claims she was a student at the Defendant university from April 2011 through May 2013, and during that time, she suffered “severe, extreme, pervasive, brutal, egregious, outrageous, unreasonable to any reasonable human being and member of any society Tort Racism, abuse, discrimination, harassment, bullying, embarrassment, ostracization, isolation, libel, slander, misconduct, threats, discrimination in public accommodations, advantages, and privileges, emotional distress duress, pain and suffering damages, from Washington University…” Discussion

“To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl.

A claim is facially plausible where “the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Blomker v. Jewell, 831 F.3d 1051, 1055 (8th Cir. 2016) (quoting Iqbal, 556 U.S. at 678).

After a charge is filed, the plaintiff must obtain a right-to-sue letter from the EEOC before bringing Title VII claims in federal court.

noon on February 2, 2024, “a list of pending Hospital cases where a PFS was not submitted.” Order at 1 (docket no. 5257).

The Court indicated it would dismiss with prejudice those cases where a Hospital Fact Sheet (“HFS”) was not timely provided.

The Court now clarifies that, for the purpose of this MDL, a “Hospital Plaintiff” is a hospital or non-hospital healthcare provider whose complaint includes “claims relating to unreimbursed

PageID #: 630274 and/or under-reimbursed care for patients with Opioid Use Disorder.” Feb. 23, 2024 Email from J. Tinkham to Special Master Cohen.

Accordingly, at the appropriate time, any defendant may move for dismissal with prejudice of any of the above-named plaintiffs’ cases for failing to comply with this Order.

Case No.: 4:23-cv-01478-MTS IT IS HEREBY ORDERED that a status conference will be held on this matter on Tuesday, December 19, 2023, at 10:00 a.m. via video on Zoom.

Conference participants are directed to use the following login information to participate by www.zoomgov.com: Meeting ID: 160 969 4455, Password: 355339.

All participants are directed to add their name (right click and select Rename) to their profile upon entering the Zoom conference.

Dated this 18th day of December 2023.

City of Rochester v. Purdue Pharma, L.P., No. 19- op-45853 County of Webb, Texas v. Purdue Pharma, L.P., No. 18-op-45175 City of Independence, Missouri v. Williams, No. 19- op-45371 Lincoln County v. Richard S. Sackler, M.D., No. 20-op-45069

In accordance with Local Rule 7.1, OptumRx, Inc. respectfully moves this Court for leave to exceed page limits in its forthcoming memorandum in support of its motion to disqualify certain counsel.

On December 5, 2023, this Court issued a text-only docket order allowing OptumRx to file “any motions to disqualify Plaintiffs’ counsel” in the four bellwether cases by December 15.

Rather than file multiple “motions,” OptumRx seeks leave to file one consolidated 20-page motion and brief covering all four bellwethers rather than four separate fifteen-page motions across the four bellwethers.

OptumRx would not oppose the Court’s granting Plaintiffs the same number of pages for their opposition.

WHEREAS, on November 28, 2023, the Court granted Plaintiffs’ Wolters Kluwer United States, Inc. and CCH Incorporated (collectively, the “Company”) application for a temporary restraining order and expedited discovery and directed defendants IRIS Americas (“IRIS”) and Nathan Brown (“Brown”) (IRIS and Brown are individually referred to herein as “Defendant” and collectively as “Defendants”) to submit a Case Management Order governing the expedited discovery.

Commencing immediately, the Company shall be permitted to serve on each Defendant and each Defendant shall be permitted to serve on the Company: a. no more than ten (10) interrogatories (including subparts), b. fifteen (15) document requests, and 2.

Responses to interrogatories and document requests (including responsive documents) shall be required within twenty (20) days of service; 4.

IT IS FURTHER ORDERED that the Parties shall submit a proposed Protective Order no later than Friday, December 15, 2023, to facilitate the expedited discovery.

The failure to comply with any part of this Order may result in the imposition of sanctions.

WHEREAS, the Court, having considered the Consent Motion of Plaintiffs Wolters Kluwer United States, Inc. and CCH Incorporated (collectively, the “Company”) for a Temporary Restraining Order, Expedited Discovery, and Scheduling a Hearing on the Application for a Preliminary Injunction; and WHEREAS, the Court having considered the agreement between the parties, and for the reasons set forth on the record and for good cause shown, the Court hereby GRANTS Plaintiffs’ Consent Motion as follows: IT IS ORDERED that effective immediately IRIS Americas and Nathan Brown shall be immediately temporarily restrained from directly or indirectly using or disclosing the Company’s trade secrets and “Confidential Information” as described in Brown’s April 9, 2021 Promotion Memorandum with the Company, which states:

[Brown] further understand[s] that and acknowledges that such information is valuable to the Company Entities, is not known to others in the relevant industry, and give the Company Entities a substantial competitive advantage in serving its customers, vendors and business relationships.

This prohibition against disclosing Confidential Information shall continue unless and until such Confidential Information becomes public knowledge through legitimate means, and that [Brown’s] disclosure or unauthorize disclosure by another person shall not constitute legitimate means.

the Company’s Confidential Information (defined above) and trade secrets, if any, in his possession within ten (10) days of the date hereof or provide a sworn statement under oath (a) stating he is not in possession of any such Confidential Information or trade secrets or (b) if he had been in possession of same following his termination from the Company, but no longer is, identifying the Confidential Information and/or trade secret and the date and method of disposition of same.

IT IS ORDERED THAT Defendants shall show cause before this Court at Courtroom 14S at the United States Courthouse, 111 South 10th Street, St. Louis, Missouri on Tuesday, March 19, 2024 at 11:00 a.m. on why a preliminary injunction, pursuant to Federal Rule of Civil Procedure 65, should not be issued enjoining Defendants in the matter set forth above for the duration of this litigation.

IT IS HEREBY ORDERED that an attorneys-only conference will be held in this matter on Tuesday, November 28, 2023, at 12:45 p.m. via Zoom.

Conference participants are directed to use the following login information to participate by www.zoomgov.com: Meeting ID: 160 969 4455, Password: 355339.

All participants are directed to add their names (right click and select Rename) to their profile upon entering the Zoom conference.

Pursuant to Local Rule 13.02, all means of photographing, recording, broadcasting, and televising are prohibited in any courtroom, and in areas adjacent to any courtroom, except when authorized by the presiding judge.

This Rule includes proceedings ordered by the Court to be conducted by telephone or video.