City of Huntington, West Virginia v. AmerisourceBergen Drug Corporation et al

Filing 1199

MEMORANDUM OPINION AND ORDER pursuant to the 12/3/2020 1188 Order granting defendants' 1181 MOTION to continue the trial in this matter that was scheduled to begin on 1/4/2021; trial of this matter is hereby SCHEDULED for 5/3/2021; the bench trial and the pretrial conference will be conducted in accordance with accepted safety protocols, as more fully set forth herein; trial proceedings will be made available electronically so that the respective trial teams, members of the public, memb ers of the press, and other interested parties can observe the proceedings by utilizing the technology described herein. Signed by Senior Judge David A. Faber on 1/12/2021. (cc: counsel of record who have registered to receive an electronic NEF) (jsa)

Case 3:17-cv-01362 Document 1199 Filed 01/12/21 Page 1 of 4 PageID #: 41703

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA
THE CITY OF HUNTINGTON,
Plaintiff,
v.

CIVIL ACTION NO. 3:17-01362

AMERISOURCEBERGEN DRUG
CORPORATION, et al.,
Defendants.
________________________________
CABELL COUNTY COMMISSION,
Plaintiff,
v.

CIVIL ACTION NO. 3:17-01665

AMERISOURCEBERGEN DRUG
CORPORATION, et al.,
Defendants.
________________________________
MEMORANDUM OPINION AND ORDER
On December 3, 2020, the court granted defendants’ motion to
continue the trial in this matter that was scheduled to begin on
January 4, 2021.

(ECF No. 1188).

The court granted defendants’

motion to continue, which was premised on the health risks
associated with holding a twelve-week trial during the COVID-19
pandemic, for the same reasons expressed in the court’s earlier
order continuing the trial.

See ECF No. 1170.

that the trial be continued to April 19, 2021.

Defendants asked
See ECF No. 1181.

Case 3:17-cv-01362 Document 1199 Filed 01/12/21 Page 2 of 4 PageID #: 41704

At a pretrial conference held on January 6, 2021, the court
indicated its intent to start trial, in person, on May 3, 2021.
Defendants objected to the date, which was two weeks later than
the one they had earlier requested, pointing to various media
reports about delays in the distribution and dispensing of COVID19 vaccines.

However, in setting a trial date, the court’s focus

is on the ability to hold a trial safely.

And, delays in

widespread vaccinations or not, there is every indication that
West Virginia will be in better shape in May than it is in
January.
Therefore, trial of this matter is hereby SCHEDULED for May
3, 2021.

The parties will make their opening statements on that

day and the presentation of evidence will start on May 4, 2021.
The bench trial and the pretrial conference will be conducted in
accordance with accepted safety protocols.

Each of the five

parties will be permitted to have five individuals present in the
courtroom for the trial, for a total of twenty-five lawyers and
support personnel at any time.

All counsel and trial personnel

will be required to wear masks at all times while in the
courthouse and while in the courtroom, and observe the social
distancing guidelines that are marked in the courtroom and the
courthouse itself.
witnesses.

A designated safe area will be set aside for

Each day the respective parties will be required to

certify that all individuals who will be present in the courtroom

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Case 3:17-cv-01362 Document 1199 Filed 01/12/21 Page 3 of 4 PageID #: 41705

are symptom-free.

Further protocols and adjustments may be made

in order to respond to conditions and circumstances that may
arise.
These restrictions, including limitations on in-person
attendance in the courthouse, are imposed solely to limit the
potential spread of and/or exposure to the virus.

However,

mindful of the presumption of openness that accompanies courtroom
proceedings, trial proceedings will be made available
electronically so that the respective trial teams, members of the
public, members of the press, and other interested parties can
observe the proceedings.

To make use of this technology, use one

of the following methods:
Web browser:
https://join.uc.uscourts.gov/invited.sf?secret=aBe.nuT4rMl0Gfyale7atQ&id=314041604

Phone: [phone], then enter 314041604
Persons using remote access to proceedings are reminded of
the general prohibition against photographing, recording, and
rebroadcasting of court proceedings.
83.10.

See Local Rule Civ. P.

Violation of these prohibitions may result in sanctions,

including removal of court issued media credentials, restricted
entry to future hearings, denial of entry to future hearings, or
any other sanctions deemed necessary by the court.

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Case 3:17-cv-01362 Document 1199 Filed 01/12/21 Page 4 of 4 PageID #: 41706

The Clerk is directed to send copies of this Order to those
counsel of record who have registered to receive an electronic NEF.
IT IS SO ORDERED this 12th day of January, 2021.
ENTER:
David A. Faber
Senior United States District Judge

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