County of Wayne et al v. Purdue Pharma L.P. et al

Filing 29

ORDER (1) Granting Defendants' 16 MOTION to Stay Proceedings, (2) Terminating Defendants' 14 Motion for Extension of Time to Answer Plaintiffs' Complaint as Moot, and (3) Cancelling November 16, 2017, Telephonic Status Conference. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
COUNTY OF WAYNE and
COUNTY OF OAKLAND,
Plaintiffs,

Case No. 17-cv-13334
Hon. Matthew F. Leitman

v.
PURDUE PHARMA L.P., et al.,
Defendants.
_________________________________/
ORDER (1) GRANTING DEFENDANTS’ MOTION TO STAY
PROCEEDINGS (ECF #16), (2) TERMINATING DEFENDANTS’ MOTION
FOR EXTENSION OF TIME TO ANSWER PLAINTIFFS’ COMPLAINT
AS MOOT (ECF #14), AND (3) CANCELLING NOVEMBER 16, 2017,
TELEPHONIC STATUS CONFERENCE
On October 12, 2017, Plaintiffs the County of Wayne and the County of
Oakland filed this action against twelve Defendant pharmaceutical manufacturers
and/or distributors. (See Compl., ECF #1.) In the Complaint, Plaintiffs assert claims
under Michigan and federal law related to the sale and distribution of certain
prescription opioid products. (See id.) Plaintiffs have now served the Complaint on
six of the named Defendants. (See Proofs of Service, ECF ## 7-12.)
On November 9, 2017, Defendants AmerisourceBergen Corporation and
McKesson Corporation filed a motion for an extension of time to answer or
otherwise respond to the Complaint (the “Motion to Extend”). (See ECF #14.) In

1

that motion, AmerisourceBergen and McKesson assert that “[o]ver 90 opioid-related
complaints have been filed in federal district courts throughout the United States”
and that a “motion is pending before the Judicial Panel on Multidistrict Litigation to
transfer [these] cases for coordinated and consolidated pretrial proceedings pursuant
to 28 U.S.C. § 1407.” (Id. at Pg. ID 2304-05.) That motion is scheduled to be heard
on November 30, 2017. (See id. at Pg. ID 2305.) Plaintiffs filed with the Judicial
Panel on Multidistrict Litigation a “Notice of Related Action” in which they stated
that this action “involves common questions of law and fact with the action filed by
moving plaintiffs in [the multidistrict] proceedings.” In Re National Prescription
Opiate Litigation (MDL No. 2804) (ECF #184). Plaintiffs therefore asked that their
action “be considered as a related action for purposes of th[e] pending multidistrict
litigation.”1 Id.
AmerisourceBergen and McKesson ask the Court to allow them to respond to
the Complaint after the Judicial Panel on Multidistrict Litigation issues a ruling on
the consolidation motion. (See id. at 2305-06.)
Also on November 9, 2017, Defendants Purdue Pharma L.P., Cephalon, Inc.,
Teva Pharmaceuticals USA, Inc., Janseen Pharmaceuticals, Inc., and Insys
Therapeutics, Inc. filed a motion to stay this action (the “Motion to Stay”). (See ECF

1

Plaintiffs have not taken any position in this Court with respect to the motion to
consolidate in front of the Judicial Panel on Multidistrict Litigation.
2

#16.) These Defendants seek a stay of proceedings pending the Judicial Panel on
Multidistrict Litigation’s ruling on the consolidation motion. (See id.)
The Court has reviewed Defendants’ motions and Plaintiffs’ responses (see
ECF ## 26 and 27) and deems it appropriate to decide the motions without oral
argument. See E.D. Mich. Local Rule 7.1(f)(2). The Court concludes that a short
stay of proceedings is appropriate in order to allow the Judicial Panel on Multidistrict
Litigation to hear and rule on the consolidation motion currently pending before that
panel.
Accordingly, IT IS HEREBY ORDERED that:
 The Motion to Stay (ECF #16) is GRANTED as follows: This action
shall be STAYED until January 15, 2018. If this action has not been
consolidated and transferred to multidistrict litigation at that time, the
Court will convene a telephonic status conference to discuss whether it
is appropriate to lift the stay. No Defendant need answer or otherwise
respond to the Complaint until further order of the Court.
 The Motion to Extend (ECF #14) is TERMINATED AS MOOT.
 The scheduled November 16, 2017, telephonic status conference (see
ECF #22) is CANCELLED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: November 15, 2017
3

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on November 15, 2017, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

4