THE CITY OF NEW CASTLE et al v. PURDUE PHARMA, L.P. et al

Filing 20

ORDER PLAINTIFFS MOTION TO REMAND IS DENIED WITHOUT PREJUDICE; TEVA DEFENDANTS REQUEST FOR A STAY IS GRANTED; AND ALL PROCEEDINGS ARE STAYED PENDING THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATIONS (JPML) DECISION AS TO WHETHER TO TRANSFER THIS CASE TO THE OPIATE MDL. THE PARTIES SHALL SUBMIT A JOINT STATUS REPORT WITHIN FOURTEEN (14) DAYS OF RECEIVING A DECISION FROM THE JPML. SIGNED BY HONORABLE ROBERT F. KELLY ON 7/16/18. 7/17/18 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
______________________________________________________
:
THE CITY OF NEW CASTLE; CITY OF
:
ALIQUIPPA; and UNION TOWNSHIP,
:
on behalf of themselves and all others similarly situated,
:
:
Plaintiffs,
:
CIVIL ACTION
v.
:
:
No. 18-1472
PURDUE PHARMA L.P.; PURDUE PHARMA, INC.;
:
THE PURDUE FREDERICK COMPANY, INC.;
:
TEVA PHARMACEUTICALS USA, INC.;
:
CEPHALON, INC.; JOHNSON & JOHNSON;
:
JANSSEN PHARMACEUTICALS, INC.;
:
ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC.
:
N/K/A JANSSEN PHARMACEUTICALS, INC.;
:
JANSSEN PHARMACEUTICA, INC. N/K/A JANSSEN
:
PHARMACEUTICALS, INC.; ENDO HEALTH SOLUTIONS :
INC.; and ALLERGAN PLC,
:
:
Defendants.
:
______________________________________________________:
ORDER
AND NOW, this 16th

day of July, 2018, upon consideration of the Motion to

Remand filed by Plaintiffs, the City of New Castle, City of Aliquippa, and Union Township
(Doc. No. 9), Defendants, Teva Pharmaceuticals USA, Inc. and Cephalon, Inc.’s (collectively,
“Teva Defendants”) Response in Opposition to Plaintiffs’ Motion to Remand, which included
the argument that the Court should stay this action pending the transfer of the action to the
federal multidistrict litigation (“MDL”) entitled In re Nat’l Prescription Opiate Litig., MDL No.
2804 (“Opiate MDL”), and Plaintiffs’ Reply, it is hereby ORDERED that:
1.

Plaintiffs’ Motion to Remand is DENIED WITHOUT PREJUDICE;

2.

Teva Defendants’ request for a stay is GRANTED; and

3.

all proceedings are STAYED pending the Judicial Panel on Multidistrict
Litigation’s (“JPML”) decision as to whether to transfer this case to the
Opiate MDL. The parties shall submit a joint status report within fourteen
(14) days of receiving a decision from the JPML.

BY THE COURT:

/s/ Robert F. Kelly__
ROBERT F. KELLY
SENIOR JUDGE

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