State of New Hampshire v. Purdue Pharma L.P. et al
Filing
1
NOTICE OF REMOVAL from Merrimack County Superior Court, NH, case number 217-2017-CV-00402 (filing fee $400, receipt number 0102-1561627) filed by The Purdue Frederick Company Inc., Purdue Pharma Inc., Purdue Pharma L.P.. Answer Follow Up on 10/6/2017. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). State Court Record Follow Up 9/29/2017. (Attachments: # 1 Exhibit A: State Court Docket and Redacted Complaint, # 2 Exhibit B: Notice of Conventional Filing, # 3 Exhibit C: Notice of Removal to Counsel, # 4 Exhibit D: Notice of Removal to State Court, # 5 Civil Cover Sheet) Complaint includes a claim under the NH Consumer Protection Act. A copy of the Complaint has been sent to the NH Attorney General via an automatic Notice of Electronic filing.(Deane, W.)
CIVIL COVER SHEET
JS 44 (Rev. 06/17)
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)
I. (a) PLAINTIFFS
DEFENDANTS
State of New Hampshire
Purdue Pharma L.P.; Purdue Pharma Inc.;
The Purdue Frederick Company Inc.
(b) County of Residence of First Listed Plaintiff
Merrimack, NH
County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE:
(c) Attorneys (Firm Name, Address, and Telephone Number)
James T. Boffetti, Department of Justice, 33 Capitol Street, Concord, NH
03301, T: (603) 271-3643 and Linda J. Singer, Motley Rice LLC, 401 9th
Street NW, Suite 1001, Washington, DC 20004, T: (202) 386-9626
II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
" 1
U.S. Government
Plaintiff
" 3
" 2
U.S. Government
Defendant
" 4
(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
Attorneys (If Known)
David A. Vicinanzo, Nixon Peabody LLP, 900 Elm St., Manchester,
NH 03101, T: (603) 628-4083 and W. Daniel Deane, Nixon Peabody
LLP, 900 Elm St., Manchester, NH 03101, T: (603) 628-4047
III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only)
PTF
Citizen of This State
" 1
Federal Question
(U.S. Government Not a Party)
and One Box for Defendant)
PTF
DEF
Incorporated or Principal Place
" 4
" 4
of Business In This State
Citizen of Another State
Diversity
(Indicate Citizenship of Parties in Item III)
" 2
"
x
2
Incorporated and Principal Place
of Business In Another State
" 5
" 5
Citizen or Subject of a
Foreign Country
x
x
DEF
" 1
" 3
"
3
Foreign Nation
" 6
" 6
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT
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110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise
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Click here for: Nature of Suit Code Descriptions.
TORTS
REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property
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"
"
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PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education
FORFEITURE/PENALTY
PERSONAL INJURY
" 365 Personal Injury Product Liability
" 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
" 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
" 370 Other Fraud
" 371 Truth in Lending
" 380 Other Personal
Property Damage
" 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
" 463 Alien Detainee
" 510 Motions to Vacate
Sentence
" 530 General
" 535 Death Penalty
Other:
" 540 Mandamus & Other
" 550 Civil Rights
" 555 Prison Condition
" 560 Civil Detainee Conditions of
Confinement
" 625 Drug Related Seizure
of Property 21 USC 881
" 690 Other
LABOR
" 710 Fair Labor Standards
Act
" 720 Labor/Management
Relations
" 740 Railway Labor Act
" 751 Family and Medical
Leave Act
" 790 Other Labor Litigation
" 791 Employee Retirement
Income Security Act
BANKRUPTCY
" 422 Appeal 28 USC 158
" 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
" 820 Copyrights
" 830 Patent
" 835 Patent - Abbreviated
New Drug Application
" 840 Trademark
SOCIAL SECURITY
" 861 HIA (1395ff)
" 862 Black Lung (923)
" 863 DIWC/DIWW (405(g))
" 864 SSID Title XVI
" 865 RSI (405(g))
FEDERAL TAX SUITS
" 870 Taxes (U.S. Plaintiff
or Defendant)
" 871 IRS—Third Party
26 USC 7609
IMMIGRATION
" 462 Naturalization Application
" 465 Other Immigration
Actions
OTHER STATUTES
" 375 False Claims Act
" 376 Qui Tam (31 USC
3729(a))
" 400 State Reapportionment
" 410 Antitrust
" 430 Banks and Banking
" 450 Commerce
" 460 Deportation
" 470 Racketeer Influenced and
Corrupt Organizations
" 480 Consumer Credit
" 490 Cable/Sat TV
" 850 Securities/Commodities/
Exchange
" 890 Other Statutory Actions
" 891 Agricultural Acts
" 893 Environmental Matters
" 895 Freedom of Information
Act
" 896 Arbitration
" 899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
" 950 Constitutionality of
State Statutes
V. ORIGIN (Place an “X” in One Box Only)
" 1 Original
Proceeding
"
X2
" 6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):
Removed from
State Court
" 3
Remanded from
Appellate Court
" 4 Reinstated or
Reopened
" 5 Transferred from
Another District
" 8 Multidistrict
Litigation Direct File
28 U.S.C. §§ 1331, 1332, 1441, 1453
VI. CAUSE OF ACTION Brief description of cause:
Class Action for injunctive and monetary relief for alleged unfair and deceptive acts and practices.
" CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
x
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE
DEMAND $
More than $5 Million
CHECK YES only if demanded in complaint:
"
JURY DEMAND:
X Yes " No
DOCKET NUMBER
SIGNATURE OF ATTORNEY OF RECORD
/s/ W. Daniel Deane
09/15/2017
FOR OFFICE USE ONLY
RECEIPT #
AMOUNT
APPLYING IFP
JUDGE
MAG. JUDGE
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