City of Lorain v. Purdue Pharma L.P. et al

Filing 1

Notice of Removal from Lorain County Court of Common Pleas, case number 17 CV 192705 with jury demand, Filing fee paid $ 400, receipt number 0647-8271689.. Filed by Endo Health Solutions Inc. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 State Court Documents, #3 Exhibit 2 Miscellaneous Case Documents, #4 Exhibit 3 Case Law, #5 Exhibit 4 Case Law) (Coleman, Tera) Modified text on 8/4/2017 (P,WL).

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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 See attachment. See attachment. (b) County of Residence of First Listed Plaintiff Lorain County, Ohio County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) NOTE: (c) Attorneys (Firm Name, Address, and Telephone Number) (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (If Known) See attachment. See attachment. II. BASIS OF JURISDICTION (Place an “X” in One Box Only) " 1 U.S. Government Plaintiff " 3 U.S. Government Defendant " 4 (For Diversity Cases Only) PTF Citizen of This State " 1 Federal Question (U.S. Government Not a Party) " 2 III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff Diversity (Indicate Citizenship of Parties in Item III) DEF " 1 and One Box for Defendant) PTF DEF Incorporated or Principal Place " 4 " 4 of Business In This State Citizen of Another State " 2 " 2 Incorporated and Principal Place of Business In Another State " 5 " 5 Citizen or Subject of a Foreign Country " 3 " 3 Foreign Nation " 6 " 6 IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT " " " " " " " " " " " " 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 " " " " " " " " " " " " " " " " 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 " " " " " " " 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 " 2 Removed from State Court " 3 " 6 Multidistrict Litigation Transfer (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): Remanded from Appellate Court " 4 Reinstated or Reopened " 5 Transferred from Another District " 8 Multidistrict Litigation Direct File 28 U.S.C. § 1332, 1441, and 1446 VI. CAUSE OF ACTION Brief description of cause: Plaintiffs allege that the manufacturer defendants misrepresented the risks of FDA-approved medications. " CHECK IF THIS IS A CLASS ACTION VII. REQUESTED IN UNDER RULE 23, F.R.Cv.P. COMPLAINT: VIII. RELATED CASE(S) (See instructions): IF ANY JUDGE DATE CHECK YES only if demanded in complaint: " Yes " No JURY DEMAND: DEMAND $ DOCKET NUMBER SIGNATURE OF ATTORNEY OF RECORD FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO I. Civil Categories: (Please check one category only). 1. ì 2. 3. General Civil Administrative Review/Social Security Habeas Corpus Death Penalty *If under Title 28, §2255, name the SENTENCING JUDGE: CASE NUMBER: II. RELATED OR REFILED CASES. See LR 3.1 which provides in pertinent part: "If an action is filed or removed to this Court and assigned to a District Judge after which it is discontinued, dismissed or remanded to a State court, and subsequently refiled, it shall be assigned to the same Judge who received the initial case assignment without regardfor the place of holding court in which the case was refiled. Counsel or a party without counsel shall be responsible for bringing such cases to the attention of the Court by responding to the questions included on the Civil Cover Sheet." This action is RELATED to another PENDING civil case. This action is REFILED pursuant to LR 3.1. If applicable, please indicate on page 1 in section VIII, the name of the Judge and case number. III. In accordance with Local Civil Rule 3.8, actions involving counties in the Eastern Division shall be filed at any of the divisional offices therein. Actions involving counties in the Western Division shall be filed at the Toledo office. For the purpose of determining the proper division, and for statistical reasons, the following information is requested. ANSWER ONE PARAGRAPH ONLY. ANSWER PARAGRAPHS 1 THRU 3 IN ORDER. UPON FINDING WHICH PARAGRAPH APPLIES TO YOUR CASE, ANSWER IT AND STOP. (1) Resident defendant. If the defendant resides in a county within this district, please set forth the name of such county COUNTY: Corporation For the purpose of answering the above, a corporation is deemed to be a resident of that county in which it has its principal place of business in that district. (2) Non-Resident defendant. If no defendant is a resident of a county in this district, please set forth the county wherein the cause of action arose or the event complained of occurred. COUNTY: Ô®² ±² ô ¸ ± · «¬ Ñ · ¿Ý § ± (3) Other Cases. If no defendant is a resident of this district, or if the defendant is a corporation not having a principle place of business within the district, and the cause of action arose or the event complained of occurred outside this district, please set forth the county of the plaintiff's residence. COUNTY: IV. The Counties in the Northern District of Ohio are divided into divisions as shown below. After the county is determined in Section III, please check the appropriate division. EASTERN DIVISION ì AKRON CLEVELAND YOUNGSTOWN (Counties: Carroll, Holmes, Portage, Stark, Summit, Tuscarawas and Wayne) (Counties: Ashland, Ashtabula, Crawford, Cuyahoga, Geauga, Lake, Lorain, Medina and Richland) (Counties: Columbiana, Mahoning and Trumbull) WESTERN DIVISION TOLEDO (Counties: Allen, Auglaize, Defiance, Erie, Fulton, Hancock, Hardin, Henry, Huron, Lucas, Marion, Mercer, Ottawa, Paulding, Putnam, Sandusky, Seneca VanWert, Williams, Wood and Wyandot) Attachment to Civil Cover Sheet The following chart lists the plaintiffs in this action, as well as their attorneys of record. Plaintiffs The City of Lorain Attorneys John R. Climaco (0011456) David M. Cuppage (0047104) Margaret M. Metzinger (0065624) CLIMACO, WILCOX, PECA, & GAROFOLI, C.O., L.P.A. 55 Public Square, Suite 1950 Cleveland, Ohio 44113 (216) 621-8484 Paul J. Napoli Joseph L. Ciaccio Salvatore C. Badala NAPOLI SHKOLNIK, PLLC 400 Broadhollow Road – Suite 350 Melville, New York 11747 (844) 230-7676 The following chart lists the defendants in this action, as well as their attorneys of record, to the extent known. Defendants Endo Health Solutions Inc.; and Endo Pharmaceuticals Inc. Attorneys Carole S. Rendon (0070345) Tera N. Coleman (0090544) BAKER & HOSTETLER LLP Key Tower 127 Public Square, Suite 2000 Cleveland, OH 44114-1214 (216) 696-0740 Ingo W. Sprie, Jr.* ARNOLD & PORTER KAYE SCHOLER LLP 250 West 55th Street New York, NY 10019-9710 (212) 836-8000 Sean Morris* ARNOLD & PORTER KAYE SCHOLER LLP Purdue Pharma L.P.; Purdue Pharma Inc.; and The Purdue Frederick Company, Inc. Teva Pharmaceuticals USA, Inc.; and Cephalon, Inc. Johnson & Johnson; Janssen Pharmaceuticals, Inc.; Ortho-McNeil-Janssen Pharmaceuticals, Inc. N/K/A Janssen Pharmaceuticals, Inc.; and Janssen Pharmaceutica, Inc. N/K/A Janssen Pharmaceuticals, Inc. 777 S. Figueroa Street 44th Floor Los Angeles, CA 90017 (213) 243-4000 * denotes national counsel who will seek pro hac vice admission Daniel J. Buckley (3772) VORYS, SATER, SEYMOUR and PEASE LLP 301 East Fourth Street Suite 3500, Great American Tower Cincinnati, OH 45202 (513) 723.4002 Patrick Fitzgerald* R. Ryan Stoll* SKADDDEN, ARPS, SLATE, MEAGHER & FLOM 4 Times Square New York, NY 10036 (212) 735-3000 * denotes national counsel who will seek pro hac vice admission Tinos Diamantatos* MORGAN, LEWIS & BOCKIUS LLP 77 West Wacker Drive Chicago, IL 60601-5094 (312) 324-1145 J. Gordon Cooney, Jr.* Steven A. Reed* MORGAN, LEWIS & BOCKIUS LLP 1701 Market Street Philadelphia, PA 19103 (215) 963-5000 * denotes national counsel who will seek pro hac vice admission Charles C. Lifland* O’MELVENY & MYERS LLP 400 S. Hope Street Los Angeles, CA 90071 (213) 430-6000 * denotes national counsel who will seek pro hac vice admission 2 Watson Laboratories, Inc.; Actavis LLC; and Actavis Pharma, Inc. F/K/A Watson Pharma, Inc. Russell Portenoy Perry Fine; Scott Fishman; and Lynn Webster James W. Matthews* FOLEY & LARDNER LLP 111 Huntington Avenue Boston, MA 02199 (617) 342-4000 * denotes national counsel who will seek pro hac vice admission O. Judson Scheaf, III (0040285) Jordan D. Rauch (0093389) HAHN LOESER & PARKS LLP 65 East State Street, Suite 1400 Columbus, Ohio 43215 (614) 233-5190 Gregory D. Brunton (61722) GORDON REES SCULLY MANSUKHANI 41 South High Street, Suite 240 Columbus, OH 43215 (614) 427-1845 3

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