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N.D. Cal.Procedural orderFiled July 8, 2020

City of Lakeport v. Amerisourcebergen Drug Corporation

Judge
Robert Illman
Docket
1:20-cv-04007
Court
U.S. District Court · Northern District of California
Pages
2
Civil Procedure
In one sentence

In City of Lakeport v. Amerisourcebergen Drug Corporation, the Judicial Panel transferred the case for pretrial proceedings; Judge Illman is identified in the case information.

Who this affects

City of Lakeport and the other parties in the listed action; the case was transferred from the Northern District of California to the Northern District of Ohio for coordinated or consolidated pretrial proceedings.

What happened

City of Lakeport and other parties brought an action against Amerisourcebergen Drug Corporation and other parties. The Judicial Panel said the case shared factual questions with other prescription-opiate cases already being handled together in Ohio.

The panel issued a conditional order transferring the case to the U.S. District Court for the Northern District of Ohio. The case was assigned there to Judge Dan A. Polster for coordinated or consolidated pretrial proceedings.

Judge Robert Illman is identified in the case information, but the transfer order was issued by the Judicial Panel. The transfer would become effective when filed in the Ohio court, subject to a seven-day period for opposition; the order did not decide the parties’ underlying claims.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
City of Lakeport v. Amerisourcebergen Drug Corporation · No. 1:20-cv-04007
Judge
Robert Illman
Date
July 8, 2020

Background

This order concerns a case listed as a tag-along action in the national prescription-opiate litigation. The Judicial Panel on Multidistrict Litigation had previously transferred related civil actions to the Northern District of Ohio under 28 U.S.C. § 1407 for coordinated or consolidated pretrial proceedings. The panel stated that the Lakeport action appeared to involve factual questions common to those earlier-transferred cases.

Ruling

The panel issued Conditional Transfer Order 163, transferring the action to the U.S. District Court for the Northern District of Ohio under § 1407 and assigning it, with that court’s consent, to Judge Dan A. Polster. The order was conditional: it would not become effective until filed with the Ohio court’s clerk. Transmittal was stayed for seven days after entry, and any party’s timely notice of opposition would continue the stay until the panel issued a further order.

Effect

The order addressed only where and how the case would proceed during pretrial proceedings. It did not resolve the parties’ underlying claims or defenses. The supplied case information identifies Robert Illman as the judge, while the transfer order itself identifies the Judicial Panel and assigns the transferred action to Judge Polster.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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