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

Filing 1

Notice of Removal from Cuyahoga County Common Pleas, case number CV 17 884281 with jury demand, Filing fee paid $ 400, receipt number 0647-8314264. Filer has indicated that case may be related to pending civil action 1:17-cv-1639. Filed by Endo Pharmaceuticals, Inc., Endo Health Solutions Inc. (Attachments: #1 Civil Cover Sheet, #2 Complaint, #3 State Court filings, #4 614 F.Supp.2d 868, #5 2017 WL 2843614, #6 2017 WL 3317300) (Coleman, Tera) Modified text on 9/7/2017 (S,SR).

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

Cuyahoga County, Ohio

County of Residence of First Listed Defendant

(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE:

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

See attachment.

See attachment.

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
1

2

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

U.S. Government
Plaintiff

3

U.S. Government
Defendant

4

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)
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

Click here for: Nature of Suit Code Descriptions.

TORTS

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

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

Remanded from
Appellate Court

4 Reinstated or
Reopened

5 Transferred from
Another District

6 Multidistrict
Litigation Transfer
(specify)
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

8 Multidistrict
Litigation Direct File

28 U.S.C. section 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.

VII. REQUESTED IN
COMPLAINT:
VIII. RELATED CASE(S)
IF ANY
DATE

CHECK IF THIS IS A CLASS ACTION
UNDER RULE 23, F.R.Cv.P.
(See instructions):

CHECK YES only if demanded in complaint:
Yes
No
JURY DEMAND:

DEMAND $

JUDGE Dan Aaron Polster

DOCKET NUMBER 1:17-cv-1639

SIGNATURE OF ATTORNEY OF RECORD

09/06/2017
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE
American LegalNet, Inc.
www.FormsWorkFlow.com

MAG. JUDGE

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
I.

Civil Categories: (Please check one category only).

1. ✔
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.
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:
(2)

Cuyahoga County, Ohio

(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

✔

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)
American LegalNet, Inc.
www.FormsWorkFlow.com

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 Parma

Attorneys
John R. Climaco (0011456)
CLIMACO, WILCOX, PECA,
& GAROFOLI, C.O., L.P.A.
55 Public Square, Suite 1950
Cleveland, Ohio 44113
[phone]
Paul J. Napoli
Joseph L. Ciaccio
Salvatore C. Badala
NAPOLI SHKOLNIK, PLLC
400 Broadhollow Road – Suite 350
Melville, New York 11747
[phone]
Patrick G. Warner (0064604)
LEIST WARNER LLC
513 E. Rich Street, #201
Columbus, Ohio 43215
[phone]
D. Scott Kalish (0063002)
KALISH LAW LLC
1468 W. 9th Street, #405
Cleveland, Ohio 44113
[phone]

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
[phone]
[e-mail]
[e-mail]

Ingo W. Sprie, Jr.*
ARNOLD & PORTER KAYE SCHOLER LLP
250 West 55th Street
New York, NY 10019-9710
[phone]
[e-mail]

Purdue Pharma L.P.;
Purdue Pharma Inc.; and
The Purdue Frederick Company

Teva Pharmaceuticals USA, Inc.;
Cephalon, Inc.;
Watson Laboratories, Inc.;
Actavis LLC; and
Actavis Pharma, Inc. F/K/A Watson
Pharma, Inc.

Sean Morris*
ARNOLD & PORTER KAYE SCHOLER LLP
777 S. Figueroa Street
44th Floor
Los Angeles, CA 90017
[phone]
[e-mail]
* 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
[phone]
Patrick Fitzgerald*
R. Ryan Stoll*
SKADDDEN, ARPS, SLATE, MEAGHER & FLOM
4 Times Square
New York, NY 10036
[phone]
[e-mail]
[e-mail]
* denotes national counsel who will seek pro hac vice
admission
Tinos Diamantatos*
MORGAN, LEWIS & BOCKIUS LLP
77 West Wacker Drive
Chicago, IL 60601-5094
[phone]
[e-mail]
J. Gordon Cooney, Jr.*
Steven A. Reed*
MORGAN, LEWIS & BOCKIUS LLP
1701 Market Street
Philadelphia, PA 19103
[phone]

2

[e-mail]
[e-mail]

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.
Russell Portenoy

Perry Fine;
Scott Fishman; and
Lynn Webster

Brian M. Ercole
MORGAN, LEWIS & BOCKIUS LLP
200 S. Biscayne Blvd., Suite 5300
Miami, FL 33131-2339
[e-mail]
* 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
[phone]
* 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
[phone]
Gregory D. Brunton (61722)
GORDON REES SCULLY MANSUKHANI
41 South High Street, Suite 240
Columbus, OH 43215
[phone]

3