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

Filing 858

MEMORANDUM OPINION AND ORDER granting Plaintiffs' 137 MOTION for a Non-Jury Trial. Signed by Senior Judge David A. Faber on 8/12/2020. (cc: counsel of record; any unrepresented party) (slr)

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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 Pending before the court is plaintiffs’ motion for a nonjury trial. (ECF No. 137). On March 4, 2020, defendants filed a “Notice of Consent to A Bench Trial” wherein they agreed to waive their right to a jury trial and accept plaintiffs’ proposal to dismiss their punitive damages claims with prejudice. No. 191. See ECF At the status conference held on March 5, 2020, defendants confirmed their consent to a bench trial. Based upon the foregoing, plaintiffs’ motion for a non-jury trial is GRANTED. The Clerk is directed to send copies of this Order to counsel of record. IT IS SO ORDERED this 12th day of August, 2020. ENTER: David A. Faber Senior United States District Judge 2

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