Opinion

City of Sacramento v. TEVA Pharmaceutical Industries, Ltd.

Court
District Court, E.D. California
Filed
Dec 16, 2020
Cited by
0 cases
Authority
More cited than 17.5%

“[W]e look to the overall convenience of the parties and witnesses, not just those of a single plaintiff or defendant in isolation.”

How later courts described this case

  • “[W]e look to the overall convenience of the parties and witnesses, not just those of a single plaintiff or defendant in isolation.”

Written by the judges who cited it.

The opinion

VELL Y Gilat els TESTE Cert doy ce cL TE ee EE EEE EES EE EE

the original on file in my office. Attest: Sandy Opacich, Clerk

U.S. District Court, Northern District of Ohio

By: /s/Robert Pitts mn

Deputy Clerk op

ory UNITED STATES JUDICIAL PANEL

MULTIDISTRICT LITIGATION

IN RE: NATIONAL PRESCRIPTION MDL No. 2804

OPIATE LITIGATION

TRANSFER ORDER

Before the Panel:* Plaintiffs in fifteen actions and Northern District of Mississippi

defendant North Mississippi Medical Center move under Panel Rule 7.1 to vacate the orders

conditionally transferring their respective actions, which are listed on Schedule A, to MDL No.

2804. Various responding defendants! oppose the motions. The motion to vacate the CTO in the

Northern District of Mississippi action is unopposed.

After considering the arguments of counsel, we find these actions involve common

questions of fact with the actions previously transferred to MDL No. 2804, and that transfer under

28 U.S.C. § 1407 will serve the convenience of the parties and witnesses and promote the just and

efficient conduct of the litigation. Moreover, transfer is warranted for the reasons set forth in our

order directing centralization. In that order, we held that the Northern District of Ohio was an

appropriate Section 1407 forum for actions sharing factual questions regarding the allegedly

improper marketing and distribution of various prescription opiate medications into states, cities,

and towns across the country. See In re Nat’l Prescription Opiate Litig., 290 F. Supp.3d 1375,

1378-79 (J.P.M.L. 2017).

Despite some variances among the actions before us, all share a factual core with the MDL

actions: the manufacturer and distributor defendants’ alleged knowledge of and conduct regarding

the diversion of these prescription opiates, as well as the manufacturers’ allegedly improper

marketing of the drugs. See id. These actions therefore fall within the MDL’s ambit.

Plaintiffs and defendant oppose transfer by principally arguing that federal jurisdiction is

lacking over their cases. But opposition to transfer based on a jurisdictional challenge is

Judge Nathaniel M. Gorton did not participate in the decision of this matter.

Amerisourcebergen Corp. and Amerisourcebergen Drug Corp.; Cardinal Health, Inc.; and

McKesson Corp. (distributor defendants); Actavis, LLC, Actavis Pharma, Inc.; Cephalon, Inc.;

Endo Health Solutions Inc., Endo Pharmaceuticals, Inc.; Hikma Pharmaceuticals USA Inc.;

Janssen Pharmaceutica, Inc.; Janssen Pharmaceuticals, Inc.; Johnson & Johnson;

Ortho-McNeil-Janssen Pharmaceuticals, Inc.; Par Pharmaceuticals, Inc., Par Pharmaceutical

Companies, Inc.; Teva Pharmaceutical Industries Ltd.; Teva Pharmaceuticals USA, Inc.; and

Watson Laboratories, Inc. (manufacturing defendants).

EE

insufficient to warrant vacating conditional transfer of factually related cases. Most opponents of

transfer also argue that including their actions in this large MDL will cause them inconvenience

and delay the progress of their actions, including the resolution of their remand motion. Given the

undisputed factual overlap with the MDL proceedings, transfer is justified in order to facilitate the

efficient conduct of the litigation as a whole. See In re Watson Fentanyl Patch Prods. Liab. Litig.,

883 F. Supp. 2d 1350, 1351-52 (J.P.M.L. 2012) (“[W]e look to the overall convenience of the

parties and witnesses, not just those of a single plaintiff or defendant in isolation.”).

IT IS THEREFORE ORDERED that the actions listed on Schedule A are transferred to the

Northern District of Ohio and, with the consent of that court, assigned to the Honorable Dan A.

Polster for inclusion in the coordinated or consolidated pretrial proceedings.

PANEL ON MULTIDISTRICT LITIGATION

4 Caldwell

Chair

Catherine D. Perry Matthew F. Kennelly

David C. Norton Roger T. Benitez

Dale A. Kimball

IN RE: NATIONAL PRESCRIPTION OPIATE LITIGATION MDL No. 2804

SCHEDULE A

Southern District of Alabama

POARCH BAND OF CREEK INDIANS v. MCKESSON CORPORATION, ET AL.,

C.A. No. 1:20-00438

POARCH BAND OF CREEK INDIANS v. AMERISOURCEBERGEN DRUG

CORPORATION, C.A. No. 1:20-00440

POARCH BAND OF CREEK INDIANS v. CARDINAL HEALTH, INC.,

C.A. No. 1:20-00443

Eastern District of California

CITY OF SACRAMENTO, ET AL. v. TEVA PHARMACEUTICAL INDUSTRIES,

LTD., ET AL., C.A. No. 2:20-01824

Eastern District of Kentucky

PAINTS VILLE HOSPITAL COMPANY, LLC, ET AL. v. AMNEAL

PHARMACEUTICALS, LLC, ET AL., C.A. No. 7:20-00102

Northern District of Mississippi

GREER v. ELLIOTT, ET AL., C.A. No. 3:20-00248

Eastern District of Missouri

HICKORY COUNTY v. ALLERGAN PLC, ET AL., C.A. No. 4:20-01121

NEW MADRID COUNTY v. ALLERGAN PLC, ET AL., C.A. No. 4:20-01125

ADAIR COUNTY v. ALLERGAN PLC, ET AL., C.A. No. 4:20-01136

ANDREW COUNTY, MISSOURI v. ALLERGAN PLC, ET AL., C.A. No. 4:20-01150

DEKALB COUNTY v. ALLERGAN PLC, ET AL., C.A. No. 4:20-01191

GRUNDY COUNTY v. ALLERGAN PLC, ET AL., C.A. No. 4:20-01195

RALLS COUNTY v. ALLERGAN PLC, ET AL., C.A. No. 4:20-01252

Western District of Oklahoma

HARMON COUNTY BOARD OF COUNTY COMMISSIONERS v. CEPHALON, INC.,

ET AL., C.A. No. 5:20-00850

ADR

Eastern District of Pennsylvania

LOWER MAKEFIELD TOWNSHIP v. PURDUE PHARMA L.P., ET AL.,

C.A. No. 2:20-03695

Eastern District of Virginia

DINWIDDIE COUNTY v. MALLINCKRODT, PLC, ET AL., C.A. No. 3:20-00606

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.