UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION. IN RE: NATIONAL PRESCRIPTION MDL No OPIATE LITIGATION Master Docket No.

Transcription

1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION IN RE: NATIONAL PRESCRIPTION MDL No OPIATE LITIGATION Master Docket No. This document relates to: 1:17-MD DAP AMANDA HANLON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED; Hon. Judge Dan A. Polster AMY GARDNER, INDIVIDUALLY AND ON BEHALF OF HER MINOR DAUGHTER A.L.D. AND ALL OTHERS SIMILARLY SITUATED, Plaintiffs, v. PURDUE PHARMA L.P.; PURDUE PHARMA, INC.; THE PURDUE FREDERICK COMPANY, INC.; TEVA PHARMACEUTICAL INDUSTRIES, LTD.; 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.; ENDO PHARMACEUTICALS, INC.; ALLERGAN PLC f/k/a ACTAVIS PLC; WATSON PHARMACEUTICALS, INC. n/k/a ACTAVIS, INC.; WATSON LABORATORIES, INC.; ACTAVIS LLC; and ACTAVIS PHARMA, INC. f/k/a WATSON PHARMA, INC.; Defendants. Case No. 1:19-op-45206

2 PLAINTIFFS MOTION FOR EXPEDITED CASE MANAGEMENT CONFERENCE FOR GOOD CAUSE SHOWN Pursuant to Fed. R. Civ P. 16(a)(1) and Local Rule 16.1 (b) (2), Plaintiffs hereby respectfully move this Honorable Court to enter an Order scheduling an expedited case management conference concerning the pending Complaint for Injunctive Relief within twenty (20) days of the date that Plaintiffs advise this Court that parties have been served for purposes of expediting the disposition of this action for the following good cause: 1. This matter seeks temporary and permanent injunctive relief. 2. While under Local Rule 16.1(b) (2) Case Management Conference is usually held after responsive pleadings are filed, that same rule provides that the Court may, upon motion for good cause shown or sua sponte, order the [case management] conference to be held before such general time frame. follows: 3. Good Cause to expedite the scheduling of the Case Management Conference is as a. Every day makes a difference. The Plaintiff seeks Preliminary Injunctive Relief because every day more children are exposed to opioids in utero and every 15 minutes a baby is born addicted or with severe developmental problems because the babies mother was prescribed opioids during pregnancy. See Exhibit 29 Anand Declaration. b. The number of infants born suffering from Neonatal Abstinence Syndrome is staggering. The incidence of NAS in the United States grew five-fold between 2000 and Recent studies suggest that the babies born with NAS to date number in the hundreds of thousands. Currently, the best estimates are that a child with NAS is born every 15 minutes. See Exhibit 29 - Anand Declaration. c. Implementation of a program to mandate the screening of women capable of bearing a child with a simple pregnancy test before prescribing opioids will dramatically 2

3 reduce the incidence of in utero exposure to opiates and stop a particularly horrific manifestation of the Opioid Epidemic. The time-proven Accutane (i-pledge) methodology with modifications to deal with chronic medical conditions and emergency pain treatment would be applied. 4. An expedited conference will advance the proceedings and allow this Court to consider relief as early as possible to mitigate the adverse consequences of the Opioid Epidemic, and immediately stop harm to unborn children. 5. Additionally, under Local Rule 16.3(b)(3), to further advance the consideration of the request for relief, this Court should direct the parties to meet and confer seven (7) days before the expedited conference to make Initial Disclosures pursuant to Fed. R. Civ. P. 26(a), to discuss the items identified in Fed. R. Civ. P. 26(f), and to prepare and serve a written report outlining a discovery plan three (3) days before the expedited conference. WHEREFORE, Plaintiffs respectfully request that this Honorable Court to enter an Order scheduling an expedited case management conference concerning the pending Complaint for Injunctive Relief within twenty (20) days of the date that Plaintiffs advise this Court that parties have been served and, in the order expediting the conference, direct that parties meet and confer seven(7) days before the case management conference to make Initial Disclosures pursuant to Fed. R. Civ. P. 26(a), to discuss the items identified in Fed. R. Civ. P. 26(f), and to prepare and serve a written report 3

4 outlining a discovery plan three (3) days before the expedited conference. Dated: March 28, 2019 Respectfully submitted, /s/celeste Brustowicz Celeste Brustowicz (LSBA #16835) COOPER LAW FIRM 1525 Religious Street New Orleans, Louisiana Telephone: Facsimile: cbrustowicz@sch-llc.com CREADORE LAW FIRM Donald E. Creadore (#DEC8984) 450 Seventh Avenue, Suite 1408 New York, New York Telephone: donald@creadorelawfirm.com THOMPSON BARNEY LAW FIRM Kevin W. Thompson, (Pro hac vice) David R. Barney, Jr. (Pro hac vice) 2030 Kanawha Boulevard, East Charleston, WV Telephone: Facsimile: kwthompson@gmail.com MARTZELL, BICKFORD & CENTOLA Scott R. Bickford (Pro hac vice) Lawrence J. Centola, III (Pro hac vice) 338 Lafayette Street New Orleans, Louisiana Telephone: Facsimile: srb@mbfirm.com THE LAW OFFICES OF KENT HARRISON ROBBINS, P.A. Kent Harrison Robbins 242 Northeast 27 th Street Miami, Florida

5 Telephone: (305) Facsimile: (305) Secondary: Tertiary: CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 28th of March, 2019, the foregoing document was served on all counsel of record by the CM/ECF system. /s/celeste Brustowicz 5