Cherokee Nation v. McKesson Corporation et al
Consolidated
Lead case: 1:17-md-02804
Lead case: 1:17-md-02804
| Ohio Northern District Court | |
| Judge: | Dan Aaron Polster |
| Case #: | 1:18-op-45695 |
| Nature of Suit | 367 Torts - Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability |
| Cause | 28:1441 Petition for Removal- Product Liability |
| Case Filed: | Jun 11, 2018 |
| Terminated: | Feb 13, 2020 |
| Case in other court: | Oklahoma Eastern, 6:18-cv-00056 |
| Last checked: Friday Nov 08, 2019 6:00 PM EST |
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Defendant
AmerisourceBergen Drug Corporation
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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
CVS Pharmacy Inc.
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Represented By
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Defendant
Cardinal Health 110, LLC
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Represented By
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Defendant
Cardinal Health Inc.
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Represented By
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Defendant
McKesson Corporation
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Represented By
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Defendant
Oklahoma CVS Pharmacy, LLC
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Represented By
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Defendant
Wal-Mart Stores Inc.
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Represented By
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Defendant
Walgreen Co.
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Represented By
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Defendant
Walgreens Boots Alliance Inc.
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Represented By
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Plaintiff
Cherokee Nation
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Represented By
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GPO
Sep 04 2018
Opinion and Order denying 12 Plaintiff's Motion to Remand and 73 Motion for oral argument, and denying as moot 72 McKesson's Motion to Stay Execution of Any Remand Order. Judge Dan Aaron Polster on 9/4/18.(P,R) |
| Docket last updated: 10/02/2020 10:38 AM EDT |
| Friday, January 19, 2018 | ||
| PETITION with Jury Demand filed in State Court against AmerisourceBergen Drug Corporation, CVS Health Corporation, CVS Pharmacy, Inc., Cardinal Health 110, LLC, Cardinal Health, Inc., McKesson Corporation, Oklahoma CVS Pharmacy, LLC, Wal-Mart Stores, Inc., Walgreen Co., Walgreens Boots Alliance, Inc. by Cherokee Nation, The (pjw, Deputy Clerk) [Transferred from oked on 6/11/2018.] | ||
| Monday, February 26, 2018 | ||
| 1 | 1
CIVIL COVER SHEET by McKesson Corporation (pjw, Deputy Clerk) [Transferred from oked on 6/11/2018.]
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| 2 | 2
NOTICE of Removal from Sequoyah County District Court, case number 18-CJ-11 by McKesson Corporation (With attachments) (pjw, Deputy Clerk) (Attachment 1 replaced on 3/1/2018) (pjw, Deputy Clerk). [Transferred from oked on 6/11/2018.]
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| Tuesday, February 27, 2018 | ||
| FILING FEES Paid in Full on 2/27/2018 in the amount of $400, receipt number 1086-1156633 by McKesson Corporation (Campbell, Stuart) [Transferred from oked on 6/11/2018.] | ||
| 3 | 3
MINUTE ORDER by Court Clerk. Defendant is directed to pay the $400 filing fee within 7 days. Failure to comply with this directive will subject this action to immediate dismissal by the Court without prejudice to refiling. Consent forms provided to filing party (Filing Fee due by 3/6/2018) (pjw, Deputy Clerk) [Transferred from oked on 6/11/2018.]
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| 4 | 4
ATTORNEY APPEARANCE by Stuart D. Campbell on behalf of McKesson Corporation (Campbell, Stuart) [Transferred from oked on 6/11/2018.]
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| 5 | 5
CORPORATE DISCLOSURE STATEMENT by McKesson Corporation (Campbell, Stuart) [Transferred from oked on 6/11/2018.]
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| 6 | 6
ATTORNEY APPEARANCE by Ryan A. Ray on behalf of Cardinal Health 110, LLC, Cardinal Health, Inc. (Ray, Ryan) [Transferred from oked on 6/11/2018.]
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| Thursday, March 01, 2018 | ||
| 7 | 7
ATTORNEY APPEARANCE by Susan E. Huntsman on behalf of AmerisourceBergen Drug Corporation (Huntsman, Susan) [Transferred from oked on 6/11/2018.]
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| 8 | 8
CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent AmerisourceBergen Corporation, Corporate Parent AmerisourceBergen Services Corporation for AmerisourceBergen Drug Corporation) by AmerisourceBergen Drug Corporation (Huntsman, Susan) [Transferred from oked on 6/11/2018.]
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| 9 | 9
ATTORNEY APPEARANCE by D. Michael McBride, III on behalf of AmerisourceBergen Drug Corporation (McBride, D.) [Transferred from oked on 6/11/2018.]
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| 10 | 10
ATTORNEY APPEARANCE by Kaylee Davis-Maddy on behalf of McKesson Corporation (Davis-Maddy, Kaylee) [Transferred from oked on 6/11/2018.]
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| 11 | 11
ATTORNEY APPEARANCE by Curtis N. Bruehl on behalf of Cherokee Nation, The (Bruehl, Curtis) [Transferred from oked on 6/11/2018.]
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| 12 | 12
MOTION to Remand to State Court by Cherokee Nation, The Responses due by 3/15/2018(Bruehl, Curtis) [Transferred from oked on 6/11/2018.] Modified on 8/9/2018 (P,R).
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| Friday, March 02, 2018 | ||
| 13 | 13
Joint MOTION for Extension of Time to Answer by All Defendants Responses due by 3/16/2018(Campbell, Stuart) [Transferred from oked on 6/11/2018.]
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| 14 | 14
ATTORNEY APPEARANCE by Larry D. Ottaway on behalf of Wal-Mart Stores, Inc. (Ottaway, Larry) [Transferred from oked on 6/11/2018.]
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| 15 | 15
ATTORNEY APPEARANCE by Amy Sherry Fischer on behalf of Wal-Mart Stores, Inc. (Fischer, Amy) [Transferred from oked on 6/11/2018.]
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| 16 | 16
ATTORNEY APPEARANCE by Jordyn Cartmell on behalf of Wal-Mart Stores, Inc. (Cartmell, Jordyn) [Transferred from oked on 6/11/2018.]
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| 17 | 17
ATTORNEY APPEARANCE by Timothy Steven Posey on behalf of Cardinal Health 110, LLC, Cardinal Health, Inc. (Posey, Timothy) [Transferred from oked on 6/11/2018.]
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| 18 | 18
ATTORNEY APPEARANCE by James J. Proszek on behalf of Cardinal Health 110, LLC, Cardinal Health, Inc. (Proszek, James) [Transferred from oked on 6/11/2018.]
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| Monday, March 05, 2018 | ||
| 19 | 19
ORDER by Magistrate Judge Steven P. Shreder GRANTING13 Defendants' Joint Motion to Extend Time to Answer or Otherwise Respond to Complaint Under Rule 12. (ndd, Deputy Clerk) [Transferred from oked on 6/11/2018.]
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| 20 | 20
ATTORNEY APPEARANCE by Don W. Danz on behalf of Walgreen Co., Walgreens Boots Alliance, Inc. (Danz, Don) [Transferred from oked on 6/11/2018.]
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| Tuesday, March 06, 2018 | ||
| 21 | 21
ATTORNEY APPEARANCE by Stuart P. Ashworth on behalf of Walgreen Co., Walgreens Boots Alliance, Inc. (Ashworth, Stuart) [Transferred from oked on 6/11/2018.]
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| 22 | 22
ATTORNEY APPEARANCE by Steven E. Holden on behalf of Walgreen Co., Walgreens Boots Alliance, Inc. (Holden, Steven) [Transferred from oked on 6/11/2018.]
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| 23 | 23
CORPORATE DISCLOSURE STATEMENT by Cardinal Health, Inc. (Ray, Ryan) [Transferred from oked on 6/11/2018.]
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| 24 | 24
CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent Cardinal Health, Inc. for Cardinal Health 110, LLC) by Cardinal Health 110, LLC (Ray, Ryan) [Transferred from oked on 6/11/2018.]
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| Thursday, March 08, 2018 | ||
| 25 | 25
MOTION to Stay Pending MDL Transfer and Memorandum in Support by All Defendants (With attachments) Responses due by 3/22/2018(Campbell, Stuart) [Transferred from oked on 6/11/2018.]
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| Friday, March 09, 2018 | ||
| 26 | 26 MINUTE ORDER by Court Clerk: Pursuant to receipt of an election of the District Judge Option and in accordance with LCvR 40.1(c), this case is reassigned to District Judge Ronald A. White. Magistrate Judge Steven P. Shreder no longer assigned to case. All documents filed in this case in the future shall reflect the new case number CIV-18-056-RAW. (tls, Deputy Clerk) [Transferred from oked on 6/11/2018.] | |
| Monday, March 12, 2018 | ||
| 27 | 27
ATTORNEY APPEARANCE by Amy D. White on behalf of CVS Health Corporation, CVS Pharmacy, Inc., Oklahoma CVS Pharmacy, LLC (White, Amy) [Transferred from oked on 6/11/2018.]
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| 28 | 28
ATTORNEY APPEARANCE by G. Calvin Sharpe on behalf of CVS Health Corporation, CVS Pharmacy, Inc., Oklahoma CVS Pharmacy, LLC (Sharpe, G.) [Transferred from oked on 6/11/2018.]
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| Thursday, March 15, 2018 | ||
| 29 | 29
RESPONSE in Opposition to Motion by AmerisourceBergen Drug Corporation, CVS Health Corporation, CVS Pharmacy, Inc., Cardinal Health 110, LLC, Cardinal Health, Inc., McKesson Corporation, Oklahoma CVS Pharmacy, LLC, Wal-Mart Stores, Inc., Walgreen Co., Walgreens Boots Alliance, Inc. ; (With attachments)(Campbell, Stuart) [Transferred from oked on 6/11/2018.]
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| Friday, March 16, 2018 | ||
| 30 | 30 MINUTE ORDER by Judge Ronald A. White : Counsel for defendants are directed to provide forthwith for use by the Court a bound manual copy of the pleading and/or exhibits as filed at Dkt. #29 . Said manual copies shall be EXACT duplicates of the pleading and/or exhibits AFTER said pleading(s) was filed with the Court, including the case and docket number information at the top of each page. Do not reorganize the document or insert other separately docketed items. If copies of sealed items are hereby ordered by the Court, then said copies shall be a separate and complete submission. (lal, Deputy Clerk) [Transferred from oked on 6/11/2018.] | |
| 31 | 31
MOTION for Attorney Patricia Melville to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number 1086-1162231) by Cherokee Nation, The (With attachments) Responses due by 3/30/2018(Bruehl, Curtis) [Transferred from oked on 6/11/2018.]
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| 32 | 32
MOTION for Attorney Tyler Ulrich to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number 1086-1162232) by Cherokee Nation, The (With attachments) Responses due by 3/30/2018(Bruehl, Curtis) [Transferred from oked on 6/11/2018.]
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| Monday, March 19, 2018 | ||
| 33 | 33 MINUTE ORDER by Judge Ronald A. White granting Motion for Admission Pro Hac Vice of Patricia Melville filed 3/16/18 (31 Motion for Admission Pro Hac Vice) on behalf of plaintiff The Cherokee Nation. This is conditioned on the filing of an entry of appearance and registration for electronic case filing by the applicant within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (lal, Deputy Clerk) [Transferred from oked on 6/11/2018.] | |
| 34 | 34 MINUTE ORDER by Judge Ronald A. White granting Motion for Admission Pro Hac Vice of Tyler E. Ulrich filed 3/16/18 (32 Motion for Admission Pro Hac Vice ) on behalf of plaintiff The Cherokee Nation. This is conditioned on the filing of an entry of appearance and registration for electronic case filing by the applicant within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (lal, Deputy Clerk) [Transferred from oked on 6/11/2018.] | |
| Friday, March 23, 2018 | ||
| 35 | 35
RESPONSE in Opposition to Motion by Cherokee Nation, The ;(Ulrich, Tyler) [Transferred from oked on 6/11/2018.]
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| Monday, March 26, 2018 | ||
| 36 | 36
REPLY to Response to Motion by Cherokee Nation, The ;(Ulrich, Tyler) [Transferred from oked on 6/11/2018.]
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| Tuesday, March 27, 2018 | ||
| 37 | 37
CORPORATE DISCLOSURE STATEMENT by Walgreen Co. (Danz, Don) [Transferred from oked on 6/11/2018.]
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| 38 | 38
CORPORATE DISCLOSURE STATEMENT by Walgreens Boots Alliance, Inc. (Danz, Don) [Transferred from oked on 6/11/2018.]
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| Thursday, April 05, 2018 | ||
| 39 | 39
REPLY to Response to Motion by AmerisourceBergen Drug Corporation, CVS Health Corporation, CVS Pharmacy, Inc., Cardinal Health 110, LLC, Cardinal Health, Inc., McKesson Corporation, Oklahoma CVS Pharmacy, LLC, Wal-Mart Stores, Inc., Walgreen Co., Walgreens Boots Alliance, Inc. ; (With attachments)(Campbell, Stuart) [Transferred from oked on 6/11/2018.]
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| Monday, April 09, 2018 | ||
| 40 | 40
MOTION for Attorney Richard A. Schirtzer to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number 1086-1168273) by CVS Health Corporation, CVS Pharmacy, Inc., Oklahoma CVS Pharmacy, LLC (With attachments) Responses due by 4/23/2018(Sharpe, G.) [Transferred from oked on 6/11/2018.]
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| 41 | 41
MOTION for Attorney J.D. Horton to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number 1086-1168284) by CVS Health Corporation, CVS Pharmacy, Inc., Oklahoma CVS Pharmacy, LLC (With attachments) Responses due by 4/23/2018(Sharpe, G.) [Transferred from oked on 6/11/2018.]
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| Tuesday, April 10, 2018 | ||
| 42 | 42 MINUTE ORDER by Judge Ronald A. White granting Motion for Richard Schirtzer to Appear Pro Hac Vice on Behalf of CVS Health Corporation, CVS Pharmacy, Inc. and Oklahoma CVS Pharmacy, LLC filed 4/9/18 (40 Motion for Admission Pro Hac Vice of attorney Richard A. Schirtzer ). This is conditioned on the filing of an entry of appearance and registration for electronic case filing by the applicant within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (lal, Deputy Clerk) [Transferred from oked on 6/11/2018.] | |
| 43 | 43 MINUTE ORDER by Judge Ronald A. White granting Motion for J.D. Horton to Appear Pro Hac Vice on Behalf of CVS Health Corporation, CVS Pharmacy, Inc. and Oklahoma CVS Pharmacy, LLC filed 4/9/18 (41 Motion for Admission Pro Hac Vice of attorney J.D. Horton). This is conditioned on the filing of an entry of appearance and registration for electronic case filing by the applicant within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (lal, Deputy Clerk) [Transferred from oked on 6/11/2018.] | |
| Wednesday, April 11, 2018 | ||
| 44 | 44
CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc.) by CVS Pharmacy, Inc. (Sharpe, G.) [Transferred from oked on 6/11/2018.]
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| 45 | 45
CORPORATE DISCLOSURE STATEMENT by CVS Health Corporation (Sharpe, G.) [Transferred from oked on 6/11/2018.]
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| 46 | 46
CORPORATE DISCLOSURE STATEMENT (identifying: Corporate Parent CVS Pharmacy, Inc., Corporate Parent CVS Health Corporation for Oklahoma CVS Pharmacy, LLC) by Oklahoma CVS Pharmacy, LLC (Sharpe, G.) [Transferred from oked on 6/11/2018.]
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| Tuesday, April 17, 2018 | ||
| 47 | 47
ATTORNEY APPEARANCE by J.D. Horton on behalf of CVS Health Corporation, CVS Pharmacy, Inc., Oklahoma CVS Pharmacy, LLC (Horton, J.D.) [Transferred from oked on 6/11/2018.]
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| 48 | 48
ATTORNEY APPEARANCE by Richard A. Schirtzer on behalf of CVS Health Corporation, CVS Pharmacy, Inc., Oklahoma CVS Pharmacy, LLC (Schirtzer, Richard) [Transferred from oked on 6/11/2018.]
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| Friday, April 27, 2018 | ||
| 49 | 49
CORPORATE DISCLOSURE STATEMENT by Wal-Mart Stores, Inc. (Ottaway, Larry) [Transferred from oked on 6/11/2018.]
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| 50 | 50
NOTICE of Party Name Correction by Wal-Mart Stores, Inc. (Ottaway, Larry) [Transferred from oked on 6/11/2018.]
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| Monday, April 30, 2018 | ||
| 51 | 51
MOTION for Attorney Claire E. Castles to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number 1086-1173373) by Wal-Mart Stores, Inc. (With attachments) Responses due by 5/14/2018(Ottaway, Larry) [Transferred from oked on 6/11/2018.]
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| 52 | 52
MOTION for Attorney Sarah G. Conway to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number 1086-1173375) by Wal-Mart Stores, Inc. (With attachments) Responses due by 5/14/2018(Ottaway, Larry) [Transferred from oked on 6/11/2018.]
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| 53 | 53
MOTION for Attorney Laura Jane Durfee to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number 1086-1173378) by Wal-Mart Stores, Inc. (With attachments) Responses due by 5/14/2018(Ottaway, Larry) [Transferred from oked on 6/11/2018.]
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| 54 | 54
MOTION for Attorney Karen P. Hewitt to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number 1086-1173379) by Wal-Mart Stores, Inc. (With attachments) Responses due by 5/14/2018(Ottaway, Larry) [Transferred from oked on 6/11/2018.]
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| 55 | 55
MOTION for Attorney Christopher Lovrien to be Admitted Pro Hac Vice (paid $50 filing fee; receipt number 1086-1173380) by Wal-Mart Stores, Inc. (With attachments) Responses due by 5/14/2018(Ottaway, Larry) [Transferred from oked on 6/11/2018.]
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| Tuesday, May 01, 2018 | ||
| 56 | 56 MINUTE ORDER by Judge Ronald A. White granting51 Motion for Admission Pro Hac Vice of attorney Claire E. Castles for Wal-Mart Stores, Inc., provided that local counsel is present at all proceedings, unless otherwise ordered by the Court. This is conditioned on the filing of an entry of appearance and registration for electronic case filing by the applicant within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (tls, Deputy Clerk) [Transferred from oked on 6/11/2018.] | |
| 57 | 57 MINUTE ORDER by Judge Ronald A. White granting52 Motion for Admission Pro Hac Vice of attorney Sarah G. Conway,53 Motion for Admission Pro Hac Vice of attorney Laura Jane Durfee,54 Motion for Admission Pro Hac Vice of attorney Karen P. Hewitt, and55 Motion for Admission Pro Hac Vice of Christopher Lovrien for Wal-Mart Stores, Inc., provided that local counsel is present at all proceedings, unless otherwise ordered by the Court. This is conditioned on the filing of an entry of appearance and registration for electronic case filing by the applicant within seven (7) days from entry of this Order. See LCvR 83.4 and CM/ECF Administrative Guide of Policies and Procedures. (tls, Deputy Clerk) [Transferred from oked on 6/11/2018.] | |
| Friday, May 04, 2018 | ||
| 58 | 58
ATTORNEY APPEARANCE by Christopher Lovrien on behalf of Wal-Mart Stores, Inc. (Lovrien, Christopher) [Transferred from oked on 6/11/2018.]
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| 59 | 59
ATTORNEY APPEARANCE by Claire E. Castles on behalf of Wal-Mart Stores, Inc. (Castles, Claire) [Transferred from oked on 6/11/2018.]
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| 60 | 60
ATTORNEY APPEARANCE by Sarah G. Conway on behalf of Wal-Mart Stores, Inc. (Conway, Sarah) [Transferred from oked on 6/11/2018.]
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| 61 | 61
ATTORNEY APPEARANCE by Karen P. Hewitt on behalf of Wal-Mart Stores, Inc. (Hewitt, Karen) [Transferred from oked on 6/11/2018.]
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| 62 | 62
ATTORNEY APPEARANCE by Laura Jane Durfee on behalf of Wal-Mart Stores, Inc. (Durfee, Laura) [Transferred from oked on 6/11/2018.]
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| 63 | 63
MOTION for Leave to File Supplemental Brief in further support of their Motion to Stay by All Defendants Responses due by 5/18/2018(Campbell, Stuart) [Transferred from oked on 6/11/2018.]
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| Monday, May 07, 2018 | ||
| 64 | 64 MINUTE ORDER by Judge Ronald A. White granting63 Defendants' Motion for Leave to File Supplemental Brief in Further Support of Their Motion to Stay. Supplemental Brief to be filed no later than 5/14/2018. (tls, Deputy Clerk) [Transferred from oked on 6/11/2018.] | |
| Monday, May 14, 2018 | ||
| 65 | 65
Supplemental BRIEF in Support of Motion by AmerisourceBergen Drug Corporation, CVS Health Corporation, CVS Pharmacy, Inc., Cardinal Health 110, LLC, Cardinal Health, Inc., McKesson Corporation, Oklahoma CVS Pharmacy, LLC, Wal-Mart Stores, Inc., Walgreen Co., Walgreens Boots Alliance, Inc. ; (With attachments)(Campbell, Stuart) [Transferred from oked on 6/11/2018.]
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| Wednesday, May 16, 2018 | ||
| 66 | 66
Unopposed MOTION for Leave to File Response to Defendants' Supplemental Brief Regarding their Motion to Stay by Cherokee Nation, The Responses due by 5/30/2018(Ulrich, Tyler) [Transferred from oked on 6/11/2018.]
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| Thursday, May 17, 2018 | ||
| 67 | 67 MINUTE ORDER by Judge Ronald A. White: granting66 Plaintiff's Unopposed Motion for Leave to Respond to Defendants' Supplemental Brief. Supplemental Brief shall be filed within ten (10) days. (cjt, Deputy Clerk) [Transferred from oked on 6/11/2018.] | |
| Tuesday, May 22, 2018 | ||
| 68 | 68
Supplemental RESPONSE in Opposition to Motion by Cherokee Nation, The ;(Ulrich, Tyler) [Transferred from oked on 6/11/2018.]
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| Wednesday, June 06, 2018 | ||
| 69 | 69
TRANSFER ORDER from United States Judicial Panel on Multidistrict Litigation (cjt, Deputy Clerk) [Transferred from oked on 6/11/2018.]
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| 70 | 70
TRANSFER ORDER transferring case to Northern District of Ohio (case terminated) (cjt, Deputy Clerk) [Transferred from oked on 6/11/2018.]
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| Monday, June 11, 2018 | ||
| 71 | 71
CASE TRANSFERRED IN from District of Oklahoma Eastern. Case number 6:18-cv-00056. Original file, certified copy of transfer order and docket sheet received.
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