National Prescription Opiate Litigation
MDL 2804 Opiate Litigation - Order Re: Public and Media Logistics
All media inquiries regarding this case must be directed to the following email box: media@ohnd.uscourts.gov or to the Clerk of Court's media contact for this case:
Michelle Sztul, Chief Deputy Clerk
Carl B. Stokes U.S. Court House
801 West Superior Avenue
Cleveland, OH 44113
Telephone: (216) 357-7082
| Master Docket Number: | 1:17-MD-2804 |
| Presiding Judge: | Dan Aaron Polster |
| MDL Court Clerk: | Corey McCardle (216) 357-7074 |
| Law Clerk: | Carrie Roush (216) 357-7193 |
| Description: | Plaintiffs allege that the manufacturers of prescription opioids grossly misrepresented the risks of long-term use of those drugs for persons with chronic pain, and distributors failed to properly monitor suspicious orders of those prescription drugs--all of which contributed to the current opioid epidemic. |
| Plaintiffs' Liaison Counsel: | Peter H. Weinberger Spangenberg, Shibley & Liber Ste. 1700 1001 Lakeside Avenue, E Cleveland, OH 44114 Phone: 216-696-3232 Fax: 216-696-3924 Email: pweinberger@spanglaw.com Steven J. Skikos Troy A. Rafferty |
| Manufacturer-Defendants' Liaison Counsel: | Mark S. Cheffo Dechert, LLP Three Bryant Park 1095 Avenue of the Americas New York, NY 10036-6797 Phone: 212-698-3814 Fax: 212-698-3599 Email: mark.cheffo@dechert.com Carole S. Rendon |
| Distributor Defendants' Liaison Counsel: |
Enu Mainigi Shannon E. McClure Geoffrey E. Hobart |
| Physician-Defendants' Liaison Counsel: | Tyler G. Tarney Gordon & Rees - Columbus Ste. 2495 41 South High Street Columbus, OH 43215 Phone: 614-340-5558 Fax: 614-360-2130 Email: ttarney@grsm.com |
|
Chain Pharmacy Defendants' Liaison Counsel:
|
Kaspar Stoffelmayr Bartlit Beck Herman Palenchar & Scott 54 West Hubbard Street Ste. 300 Chicago, IL 60654 Phone: 312-494-4434 Email: Kaspar.stoffelmayr@bartlit-beck.com |
| Special Master: | David R. Cohen 24400 Chagrin Blvd. Suite 300 Cleveland, OH 44122 Phone: 216-831-0001 Fax: 866-357-3535 david@specialmaster.law |
Orders Pertaining to MDL 2804
| Doc #1 | Initial Transfer Order from Judicial Panel on Multidistrict Litigation | 12/12/2017 |
| Doc #69 | Order appointing as Special Masters David R. Cohen, Francis McGovern and Cathy Yanni | 1/11/2018 |
| Doc #70 | Minute Order of Initial Pretrial Conference held on 1/9/18 | 1/11/2018 |
| Doc #89 | Order Clarifying 1/11/18 Minute Order Re: Who May Attend the 1/31/18 Conference | 1/24/2018 |
| Doc #94 | Order Clarifying 1/11/18 Minute Order Re: State AG Attendance at the 1/31/18 Conference | 1/24/2018 |
| Doc #111 | Minutes of 1/31/18 Settlement Conference and Scheduling Order | 2/2/2018 |
| Doc #112 | Order Re: ARCOS/DADS Database | 2/2/2018 |
| Doc #116 | Order Re: Confidentiality of Settlement Discussions | 2/6/2018 |
| Doc #118 | Order Re: Settlement Negotiating Teams | 2/6/2018 |
| Doc #123 | Order Extending Deadline for Achieving Service to 5/18/18 | 2/12/2018 |
| Doc #124 | Amended Order Re: Settlement Negotiating Teams | 2/12/2018 |
| Doc #125 | Order Re: Cost of Special Masters | 2/12/2018 |
| Doc #130 | Order Re: Remands | 2/16/2018 |
| Doc #140 | Order Re: Reallocation of the Special Masters' Costs | 2/23/2018 |
| Doc #155 | Minutes of 2/26/18 Hearing and Order | 2/23/2018 |
| Doc #167 | Protective Order Re: DEA's ARCOS/DADS Database | 3/6/2018 |
| Doc #170 | Minutes of 3/6/18 Conference and Order | 3/7/2018 |
| Doc #187 | Order Re: Settlement Negotiating Teams | 3/21/2018 |
| Doc #204 | Order Re: Settlement Discussions | 3/27/2018 |
| Doc #228 | Order Re: Settlement Negotiating Teams | 4/6/2018 |
| Doc #232 | Case Management Order No. 1 | 4/11/2018 |
| Doc #233 | Order Re: ARCOS Data Production | 4/11/2018 |
| Doc #251 | Scheduling Order | 4/24/2018 |
| Doc #358 | Order Re: Plaintiff Attorneys' Fees and Expenses | 5/1/2018 |
| Doc #371 | Order Clarifying Provision Contained in Case Managment Order No. 1 | 5/3/2018 |
| Doc #397 | Second Order Re: ARCOS Data Production | 5/8/2018 |
| Doc #441 | Case Management Order No. 2 Re: Protective Order | 5/15/2018 |
| Doc #443 | Case Management Order No. 3 Re: Document and Electronically Stored Information Protocol | 5/15/2018 |
| Doc #447 | Order Re: Returned, Executed Waivers of Service | 5/15/2018 |
| Doc #462 | Order Re: Defendants' Selection of Third-Party Payor Case for Briefing | 5/17/2018 |
| Doc #469 | Order Re: Notices of Appearances | 5/18/2018 |
| Doc #485 | Case Management Order No. 4 | 5/22/2018 |
| Doc #459 | Order Re: Workload Ressignment | 6/4/2018 |
| Doc #581 | Notice Disclosing Assistants | 6/8/2018 |
| Doc #616 | Order Re: Designating Attorneys Addressing Coordination of State/Federal Discovery | 6/13/2018 |
| Doc #638 | Fact Sheet Implementation Order | 6/19/2018 |
| Doc #642 | Order Clarifying Fact Sheet Implementation Order | 6/20/2018 |
| Doc #643 | Order Establishing Deposition Protocol | 6/20/2018 |
| Doc#666 | Case Management Order No. 5 | 6/26/2018 |
| Doc #668 | Third Order Re: ARCOS Data | 6/26/2018 |
| Doc #676 | Order Re: Referral to Magistrate Judge Ruiz | 6/28/2018 |
| Doc #699 | Order Granting Plaintiff's Motion to Permit Sharing of Alabama's Amended Complaint | 7/3/2018 |
| Doc #739 | Order Re: Motion for Modification of CMO-1: Relation Back and Tolling | 7/13/2018 |
| Doc #770 | Case Management Order No. 6 | 7/23/2018 |
| Doc #800 | Opinion and Order Sustaining Objections to Disclosure of ARCOS Data to the Media | 7/26/2018 |
| Doc #876 | Case Management Order No. 7: Setting New Deadlines for Track One Cases | 8/13/2018 |
| Doc #883 | Order Re: Amicus Briefs | 8/16/2018 |
| Doc #1029 | Order re: Protocol for State and Federal Court Coordination | 10/9/2018 |
| Doc #1106 | Order Modifying 7/13/18 Order Re: PEC ARCOS Reports | 11/8/2018 |
| Doc #1203 | Opinion and Order Adopting Magistrate Judge's Report and Recommendation and Denying Defendants' Motions to Dismiss (County of Summit v. Purdue Pharma, 18op45090) | 12/19/2018 |
| Doc #1282 | Opinion and Order Granting Plaintiffs’ Motion for Approval of a Short Form Complaint and Incorporation of Sealed Materials by Reference | 1/19/2019 |
| Doc #1306 | Case Management Order No. 8: Setting New Deadlines for Track One Cases | 1/29/2019 |
| Doc. #1598 | Civil Jury Trial Order | 5/1/2019 |
| Doc. #1680 | Opinion and Order Adopting Magistrate Judge's Report and Recommendation and Denying Defendants' Motions to Dismiss (Muscogee (Creek) Nation v. Purdue Pharma L.P., 1:18op45459; Blackfeet Tribe of the Blackfeet Indian Reservation v. AmerisourceBergen Drug Corporation, 1:18op45749) | 6/13/2019 |
| Doc #1848 | Order Denying Plaintiffs Motion for Leave to Fiile Joint Motion for Preliminary Injunction Relief | 7/15/2019 |
| Doc #2140 | Notice and Order Re: Electronic Recording Devices as it Relates to All Cases | 8/6/2019 |
| Doc #2140-1 | Media Guidelines | 8/6/2019 |
| Doc #2559 | Order Denying Non-RICO Small Distributors' Motion for Summary Judgment | 9/3/2019 |
| Doc #2561 | Opinion and Order Regaring Defendants' Motions for Summary Judgment on Causation | 9/3/2019 |
| Doc #2562 | Order Regarding Defendants' Motions for Summary Judgment Civil Conspiracy Claims | 9/3/2019 |
| Doc #2563 | Opinion and Order Denying Mallinckrodt's Motion for Partial Summary Judgment | 9/3/2019 |
| Doc #2564 | Opinion and Order Denying Teva and Actavis Generic Defendants' Motion for Summary Judgment | 9/3/2019 |
| Doc #2565 | Opinion and Order Denying Defendants' Motions for Summary Judgment Regarding Preemption | 9/3/2019 |
| Doc #2567 | Opinion and Order Denying Janssen Pharmaceuticals, Inc. and Johnson and Johnson's Motion for Summary Judgment | 9/3/2019 |
| Doc #2568 | Opinion and Order Denying Defendants' Motions for Summary Judgment Based on Statutes of Limitations | 9/4/2019 |
| Doc #2569 | Order Denying Walgreens Motion for Summary Judgment | 9/4/2019 |
| Doc #2572 | Opinion and Order Denying Cuyahoga and Summit Counties' Motion for Partial Summary Adjudication of their Equitable Claims for Abatement of an Absolute Public Nuisance | 9/4/2019 |
| Doc #2578 | Opinion and Order Denying Manufacturer Defendants' Motion for Summary Judgment on Plaintiffs' Public Nuisance Claims | 9/6/2019 |
| Doc #2580 | Opinion and Order Regaridng Defendants' Summary Judgment Motions on RICO and OCPA | 9/10/2019 |
| Doc #2590 | Memorandum Opinion Certifying Negotiation Class | 9/11/2019 |
| Doc #2591 | Order Certifying Negotiation Class and Approving Notice | 9/11/2019 |
| Doc #2629 | Opinion and Order Regarding Adjudication of Plaintiffs' Public Nuisance Claims | 9/24/2019 |
| Doc #2676 | Opinion and Order Denying Defendants' Motion to Disqualify Judge | 9/26/2019 |
| Doc #2684 | Opinion and Order Granting in Part and Denying in Part Defendants' Motion for Access to Jury Selection Records and Information | 9/27/2019 |
| Doc #2702 | Order Denying Defendants' Motion to Stay District Court Proceedings Until Final Resolution of the Mandamus Petitions Currently Pending Before the Court of Appeals | 10/2/2019 |
| Doc #2733 | Order Regarding Trial Transcripts | 10/7/2019 |
| Doc #2755 | Order Clarifying Order Re: Public and Media Logistics | 10/9/2019 |
| Doc #2940 | Track One-B Case Management Order | 11/19/2019 |
| Doc #2941 | Suggestions of Remand | 11/19/2019 |
| Doc #2950 | Order Regarding Track Two Cases | 11/21/2019 |
| Doc #3052 | Evidentiary Order | 12/26/2019 |
| Doc #3098 | Opinion and Order Denying Discount Drug Mart, Inc's Motion for Summary Judgment | 1/27/2020 |
| Doc #3099 | Opinion and Order Denying CVS's Motion for Summary Judgment | 1/27/2020 |
| Doc #3100 | Opinion and Order Denying Rite Aid's Motion for Summary Judgment | 1/27/2020 |
| Doc #3101 | Opinion and Order Denying HBC Service Company's Motion for Summary Judgment | 1/27/2020 |
| Doc #3102 | Opinion and Order Denying Walmart's Motion for Summary Judgment | 1/27/2020 |
| Doc #3116 | Track One-B Case Management Order No. 2 | 1/31/2020 |
| Doc #3177 | Opinion and Order Granting in Part and Denying in Part Defendants' Motions to Dismiss (Cleveland Bakers and Teamsters Health and Welfare Fund et al. v. Purdue Pharma et al., 18op45432) | 2/21/2020 |
| Doc #3178 | Order Rregarding Document Production to MDL Repository | 2/21/2020 |
| Doc #3234 | Track One-B Civil Jury Trial Order (revised 5/29/2020, see Doc #3308) | 3/19/2020 |
| Doc #3253 | Opinion and Order Granting in Part and Denying in Part Defendants' Motions to Dismiss (West Boca Med. Ctr., Inc. v. AmerisourceBergen Drug Corp., 18op45530) | 4/3/2020 |
| Doc #3261 | Order Regarding Track One-B and Track Three | 4/16/2020 |
| Doc #3274 | Opinion and Order Granting in Part and Denying in Part Defendants' Motions to Dismiss (Broward County, Florida v. Purdue Pharma, et al., 18op45332) | 4/27/2020 |
| Doc #3282 | Order Regarding Track Three | 4/30/2020 |
| Doc #3285 | Opinion and Order Granting in Part and Denying in Part Defendants' Motions to Dismiss (County of Monroe, Michigan v. Purdue Pharma, et al., 18op45158) | 4/30/2020 |
| Doc #3308 | Revised Track One-B Trial Order | 5/29/2020 |
| Doc #3314 | Order Granting Track Three Planitiffs' Motion for Leave to File Amended Complaints | 6/2/2020 |
| Doc #3315 | Order Granting Track Three Plaintiffs' Motion to Bifurcate Bellwether Claims, Join Bellwether Cases for Trial, and to Stay Remaining Claims | 6/2/2020 |
| Doc #3319 | Report and Recommendation of Professor Rubenstein Addressing Motion for Common Benenfit Fund | 6/3/2020 |
| Doc #3320 | Order Regarding Report and Recommendation fo Professor Rubenstein | 6/3/2020 |
| Doc #3329 | Track Three Case Management Order - Nunc Pro Tunc | 6/8/2020 |
| Doc #3403 | Opinion and Order Denying Pharmacy Defendants' Motion to Dismiss Second Amended Complaints (County of Lake, Ohio v. Purdue Pharma, L.P., et al, 1:18op45032 and County of Trumbull, Ohio v. Purdue Pharma, L.P., et al, 1:18op45079) | 8/6/2020 |
| Doc #3462 | Stipulation and Order Modifying Section III(b)(8) of the Revised Track One-B Civil Jury Trial Order | 9/14/2020 |
| Doc #3472 | Order Modifying Section III(b)(5) of the Revised Track One-B Civil Jury Trial Order | 9/16/2020 |
| Doc #3595 | Revised Case Management Order for Track Three | 1/6//2021 |
| Doc #3688 | Order Designating Five Bellwether Cases for Trial in New Litigation Tracks Against Pharmacy Defendants | 4/9/2021 |
| Doc #3758 | Track Three Civil Jury Trial Order | 6/14/2021 |
| Doc #3795 | Case Managment Order Applicable to Cases of Non-Participating Subdivisions Asserting Claims Against Settling Defendants | 7/23/2021 |
| Doc #3817 | Track Nine Case Management Order for Tarrant County, Texas (Amended 5/3/22, see #4407) | 8/10/2021 |
| Doc #3818 | Track Eight Case Management Order for Cobb County, Georgia (Amended 5/3/22, see #4406) | 8/10/2021 |
| Doc #3819 | Track Ten Case Managment Order for Durham County, North Carolina (Amended 5/3/22, see #4408) | 8/10/2021 |
| Doc #3820 | Track Eleven Case Management Order for Santa Fe County, New Mexico (Amended 5/3/22, see #4409) | 8/10/2021 |
| Doc #3828 | Order to Establish Qualified Settlement Fund, Appoint Panel of Common Benefit and Contingency Fee Fund Arbiters, Approve Fee Fund Allocation and Distribution Process, and Approve Common Benefit Cost Payment and Assessment | 8/12/2021 |
| Doc #3913 | Opinion and Order Denying HBC Service Company and Giant Eagle's Motion for Summary Judgment | 9/1/2021 |
| Doc #4295 | Opinion and Order Denying Pharmacy Defendants' Rule 50(b) Motions for Judgment as a Matter of Law | 3/7/2022 |
| Doc #4296 | Opinion and Order Denying Pharmacy Defendants' Motion for New Trial | 3/7/2022 |
| Doc #4322 | Track Three Abatement Phase Trial Order | 3/23/2022 |
| Doc #4405 | Amended Track Seven Case Management Order for Montgomery County, Ohio | 5/3/2022 |
| Doc #4406 | Amended Track Eight Case Management Order for Cobb County, Georgia | 5/3/2022 |
| Doc #4407 | Amended Track Nine Case Management Order for Tarrant County, Texas | 5/3/2022 |
| Doc #4408 | Amended Track Ten Case Management Order for Durham County, North Carolina | 5/3/2022 |
| Doc #4409 | Amended Track Eleven Case Management Order for Santa Fe County, New Mexico | 5/3/2022 |
| Doc #4611 | Order Entering an Abatement Plan and Injunctive Relief in Track Three Cases | 8/17/2022 |
| Doc #4614 | Judgment Order Entering Final Judgment on Plaintiffs' Public Nuisance Claims Against CVS, Walmart, and Walgreens in the Track Three Cases | 8/22/2022 |
| Doc #4652 | Order of Appointment of Administrator | 9/30/2022 |
| Doc #4670 | Order Regarding Non-Litigating Defendants | 10/7/2022 |
| Doc #4697 | Order Appointing Administrator and Fee Panel for Track One Common Benefit Fund | 10/27/2022 |
| Doc #4781 | Stipulated Order Entering Stay and Modifying Track 9 Deadlines | 12/9/2022 |
| Doc #4799 | Order Certifying Questions to Georgia Supreme Court | 12/27/2022 |
| Doc #4809 | Opinion and Order Denying Motions to Remand by Virginia Plaintiffs Frederick County and City of Roanoke | 1/12/2023 |
| Doc #4824 | Order Regarding Master Stipulation of Dismissal of Claims Against Settling Defendants | 1/25/2023 |
| Doc #4892 | Opinion and Order Denying Track Three Pharmacy Defendants' Motions to Stay Injunction Order Pending Appeal | 2/10/2023 |
| Doc #4893 | Injunction Order (Nunc Pro Tunc) | 2/10/2023 |
| Doc #4905 | Order to Establish Qualified Settlement Funds and Appoint QSF Administrator as to Tribal Cases | 2/21/2023 |
| Doc #4908 | Order to Establish Additional Qualified Settlement Funds | 2/22/2023 |
| Doc #4919 | Order - Plaintiff's Motion to Remand in 1:18op45372 Louisiana Health Service & Indemnity Company v. Purdue Pharma, et al is GRANTED IN PART. Specifically, Plaintiffs' claims against Defendant Frederick Floyd, M.D., are hereby SEVERED from this case and remanded to the 19th Judicial District Court for the Parish of East Baton Rouge. The Motion to Remand is otherwise DENIED as to all remaining Defendants. | 2/27/2023 |
| Doc #4920 | Bellwether Order regarding cases filed by Third Party Payor and Hospital Plaintiffs | 2/28/2023 |
| Doc #4932 | Order Regarding Stays and Requests for Extension of Time in Case Tracks 7-11 | 3/6/2023 |
| Doc #4986 | Order Regarding Service of Process | 4/6/2023 |
| Doc #4994 | Order Regarding Production of Information by Certain Non-Litigating Defendants | 4/14/2023 |
| Doc #5000 | Opinion and Order granting Track Seven Plaintiff's Motion for Partial Summary Judgment on Defendants' Duties Under The Controlled Substances Act | 4/17/2023 |
| Doc #5060 | Order Regarding TPP Bellwether Process | 6/8/2023 |
| Doc# 5072 | Order Regarding ARCOS Subpoena | 6/15/2023 |
| Doc #5079 | Order to Establish Qualified Settlement Fund, Appoint Panel of Common Benefit and Contingency Fee Fund Arbiters, Approve Fee Fund Allocation and Distribution Process, and Approve Common Benefit Cost Payment and Assessment | 6/26/2023 |
| Doc #5088 | Order to Establish Qualified Settlement Funds, Appoint Panel of Common Benefit and Contingency Fee Funds Arbiters, Approve Fee Fund Allocation and Distribution Process, and Approve Common Benefit Cost Payment and Assessment | 6/27/2023 |
| Doc #5090 | Order Regarding Recent Settlement Agreements | 6/27/2023 |
| Doc #5097 | Order Amending TPP Bellwether Process | 6/30/2023 |
| Doc #5100 | Order regarding 7.5% Common Benefit Assessments | 7/6/2023 |
| Doc #5115 | Order Regarding Subpoena for Updated ARCOS Data | 7/14/2023 |