Westchester County v. Mylan Pharmaceuticals, Inc. et al

Filing 152

ORDER: As the parties recognize in their joint letter dated July 2, 2024, the reasoning of that Order applies with equal force to the Second Wave Cases. (See ECF No. 150 paragraph 4.) Accordingly - and on consent of all parties, (see id. paragraph 5) - the Court grants their joint request to remand the Second Wave Cases to state court. The Clerk of Court is respectfully directed to: (1) docket this Order in the above-captioned case and the twenty-one Second Wave Cases (listed in footnote 1); ( 2) terminate the pending motions to remand in the twenty-one Second Wave Cases; and (3) remand the twenty-one Second Wave Cases to the Supreme Court of the State of New York, Westchester County no earlier than July 10, 2024. SO ORDERED. Motions term inated: (10 in 7:24-cv-03126-CS) MOTION to Remand . filed by County of Greene, (9 in 7:24-cv-03191-CS) MOTION to Remand . filed by County of Broome, (9 in 7:24-cv-03345-CS) MOTION to Remand . filed by City of New York, (9 in 7:24-cv-03305-CS) MOTION to Remand . filed by County of Montgomery, (10 in 7:24-cv-03077-CS) MOTION to Remand . filed by County of Seneca, (10 in 7:24-cv-03004-CS) MOTION to Remand . filed by County of Ontario, (9 in 7:24-cv-03257-CS) MOTION to Remand . filed by County of Fulton, (10 in 7:24-cv-03083-CS) MOTION to Remand . filed by County of Sullivan, (10 in 7:24-cv-02986-CS) MOTION to Remand . f iled by County of Schenectady, (9 in 7:24-cv-03293-CS) MOTION to Remand . filed by County of Columbia, (10 in 7:24-cv-03106-CS) MOTION to Remand . filed by County of Dutchess, (10 in 7:24-cv-03008-CS) MOTION to Rema nd . filed by County of Erie, (9 in 7:24-cv-03259-CS) MOTION to Remand . filed by County of Ulster, (12 in 7:24-cv-02962-CS) MOTION to Remand . filed by County of Monroe, (10 in 7:24-cv-03076-CS) MOTION to Re mand . filed by County of Orange, (11 in 7:24-cv-03138-CS) MOTION to Remand . filed by County of Herkimer, (10 in 7:24-cv-03112-CS) MOTION to Remand . filed by County of Oswego, (9 in 7:24-cv-03140-CS) MOTION to Remand . filed by County of Lewis, (10 in 7:24-cv-03170-CS) MOTION to Remand . filed by County of Washington, (9 in 7:24-cv-03193-CS) MOTION to Remand . filed by County of St. Lawrence, (11 in 7:24-cv-03088-CS) MOTION to Remand . filed by County of Wyoming. (Signed by Judge Cathy Seibel on 7/3/2024) (mml) Transmission to Docket Assistant Clerk for processing.

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------x WESTCHESTER COUNTY, et al., Plaintiffs, - against - ORDER No. 23-CV-6096 (CS) MYLAN PHARMACEUTICALS, INC., et al., Defendants. -------------------------------------------------------------x Seibel, J. Between April 18, 2024 and May 1, 2024, Defendants timely removed twenty-one cases (the “Second Wave Cases”) from Westchester County Supreme Court to this Court, which were properly designated as related to the above-captioned case. (See ECF No. 150 ¶ 1; ECF No. 140 at 4.)1 On June 18, 2024, I entered an Order remanding the above-captioned case and thirtythree related opioid cases that were initially removed from Westchester County Supreme Court to this Court in 2023. (See ECF No. 148 at 23.) 1 The twenty-one Second Wave Cases are: County of Monroe v. Purdue Pharma L.P., et al., No. 24-CV-2962; County of Erie v. Purdue Pharma L.P., et al., No. 24-CV-3008; County of Ontario v. Purdue Pharma L.P., et al., No. 24-CV-3004; County of Schenectady v. Purdue Pharma L.P., et al., No. 24-CV-2986; County of Orange v. Purdue Pharma L.P., et al., No. 24CV-3076; County of Seneca v. Purdue Pharma L.P., et al., No. 24-CV-3077; County of Sullivan v. Purdue Pharma L.P., et al., No. 24-CV-3083; County of Wyoming v. Purdue Pharma L.P., et al., No. 24-CV-3088; County of Dutchess v. Purdue Pharma L.P., et al., No. 24-CV-3106; County of Oswego v. Purdue Pharma L.P., et al., No. 24-CV-3112; County of Greene v. Purdue Pharma L.P., et al., No. 24-CV-3126; County of Lewis v. Purdue Pharma L.P., et al., No. 24CV-3140; County of Herkimer v. Purdue Pharma L.P., et al., No. 24-CV-3138; County of Broome v. Purdue Pharma L.P., et al., No. 24-CV-3191; County of Washington v. Purdue Pharma L.P., et al., No. 24-CV-3170; County of Saint Lawrence v. Purdue Pharma L.P., et al., No. 24-CV-3193; County of Columbia v. Purdue Pharma L.P., et al., No. 24-CV-3293; County of Fulton v. Purdue Pharma L.P., et al., No. 24-CV-3257; County of Ulster v. Purdue Pharma L.P., et al., No. 24-CV-3259; City of New York v. Purdue Pharma L.P., et al., No. 24-CV-3345; and County of Montgomery v. Purdue Pharma L.P., et al., No. 24-CV-3305. As the parties recognize in their joint letter dated July 2, 2024, the reasoning of that Order applies with equal force to the Second Wave Cases. (See ECF No. 150 ¶ 4.) Accordingly – and on consent of all parties, (see id. ¶ 5) – the Court grants their joint request to remand the Second Wave Cases to state court. The Clerk of Court is respectfully directed to: (1) docket this Order in the above-captioned case and the twenty-one Second Wave Cases (listed in footnote 1); (2) terminate the pending motions to remand in the twenty-one Second Wave Cases; and (3) remand the twenty-one Second Wave Cases to the Supreme Court of the State of New York, Westchester County no earlier than July 10, 2024. SO ORDERED. Dated: July 3, 2024 White Plains, New York _____________________________ CATHY SEIBEL, U.S.D.J.

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