State of WV v. Purdue Pharma L.P.

Federal Civil Lawsuit West Virginia Southern District Court, Case No. 1:01-cv-00557
District Judge David A. Faber, presiding
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District Judge David A. Faber
Last Updated October 18, 2018 at 11:25 PM EDT (7.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Darrell V. McGraw, Jr., Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Frances A. Hughes +1 304 558 2021 +1 304 558 0140 hughesafran@hotmail.com

Represented by BRUMFIELD & WATSON

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY G. David Brumfield +1 304 346 9333 +1 304 346 9337 dave@teays.net

Represented by Cohen Milstein Sellers & Toll, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Stephen D. Annand +1 304 408 4600 +4084 408 408 4699
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Alexander E. Barnett +1 212 838 7797 +8387 838 838 7745
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Molly McGinley Han +1 304 408 4600 +4084 408 408 4699

Represented by DITRAPANO BARRETT & DIPIERO

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Joshua Israel Barrett +1 304 342 0133 +1 304 342 4605 jbarrett@dbdlaw1.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Sean P. McGinley +1 304 342 0133 +1 304 342 4605 Sean.McGinley@dbdlawfirm.com

Represented by Hausfeld

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY Richard Sanford Lewis +1 202 540 7200 +1 202 540 7151 rlewis@hausfeld.com

Represented by Zuckerman Spaeder LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY William Barnett Schultz +1 202 778 1820 +1 202 822 8106 wschultz@zuckerman.com
No Logo State of West Virginia, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Frances A. Hughes +1 304 558 2021 +1 304 558 0140 hughesafran@hotmail.com

Represented by BRUMFIELD & WATSON

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY G. David Brumfield +1 304 346 9333 +1 304 346 9337 dave@teays.net

Represented by Cohen Milstein Sellers & Toll, PLLC

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Stephen D. Annand +1 304 408 4600 +4084 408 408 4699
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Alexander E. Barnett +1 212 838 7797 +8387 838 838 7745
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Molly McGinley Han +1 304 408 4600 +4084 408 408 4699

Represented by DITRAPANO BARRETT & DIPIERO

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Joshua Israel Barrett +1 304 342 0133 +1 304 342 4605 jbarrett@dbdlaw1.com
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Sean P. McGinley +1 304 342 0133 +1 304 342 4605 Sean.McGinley@dbdlawfirm.com

Represented by Hausfeld

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY Richard Sanford Lewis +1 202 540 7200 +1 202 540 7151 rlewis@hausfeld.com

Represented by Zuckerman Spaeder LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY William Barnett Schultz +1 202 778 1820 +1 202 822 8106 wschultz@zuckerman.com
v.
No Logo Abbott Laboratories, Defendant

Represented by GOODWIN & GOODWIN

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Stephen P. Goodwin +1 304 346 7000 +3449 344 344 9692 spg@goodwingoodwin.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thomas R. Goodwin +1 304 346 7000 +3449 344 344 9692 trg@goodwingoodwin.com

Represented by Jackson Kelly, PLLC

Name Phone Fax E-Mail
TERMINATED: 06/26/2001, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, TERMINATED: 06/26/2001, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY W. Henry Jernigan, Jr. +1 304 340 1000 +3401 340 340 1050
Abbott Laboratories, Inc. Abbott Laboratories, Inc., Defendant

Represented by GOODWIN & GOODWIN

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Stephen P. Goodwin +1 304 346 7000 +3449 344 344 9692 spg@goodwingoodwin.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED Thomas R. Goodwin +1 304 346 7000 +3449 344 344 9692 trg@goodwingoodwin.com

Represented by Jackson Kelly, PLLC

Name Phone Fax E-Mail
TERMINATED: 06/26/2001, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, TERMINATED: 06/26/2001, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY W. Henry Jernigan, Jr. +1 304 340 1000 +3401 340 340 1050
No Logo Purdue Frederick Company, Inc., Defendant
Officially listed as "Purdue Frederick Company"

Represented by Jackson Kelly, PLLC

Name Phone Fax E-Mail
TERMINATED: 06/26/2001, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, TERMINATED: 06/26/2001, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY W. Henry Jernigan, Jr. +1 304 340 1000 +3401 340 340 1050

Represented by King & Spalding LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Chilton D. Varner +1 404 572 4600 +5725 572 572 5100

Represented by LEWIS GLASSER

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Ramonda C. Lyons +1 304 345 2000 +1 304 343 7999 rlyons@lewisglasser.com
PURDUE PHARMA, INC. PURDUE PHARMA, INC., Defendant

Represented by Jackson Kelly, PLLC

Name Phone Fax E-Mail
TERMINATED: 06/26/2001, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, TERMINATED: 06/26/2001, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY W. Henry Jernigan, Jr. +1 304 340 1000 +3401 340 340 1050

Represented by King & Spalding LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Chilton D. Varner +1 404 572 4600 +5725 572 572 5100

Represented by LEWIS GLASSER

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Ramonda C. Lyons +1 304 345 2000 +1 304 343 7999 rlyons@lewisglasser.com
Purdue Pharma LP Purdue Pharma LP, Defendant

Represented by Jackson Kelly, PLLC

Name Phone Fax E-Mail
TERMINATED: 06/26/2001, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, TERMINATED: 06/26/2001, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY W. Henry Jernigan, Jr. +1 304 340 1000 +3401 340 340 1050

Represented by King & Spalding LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Chilton D. Varner +1 404 572 4600 +5725 572 572 5100

Represented by LEWIS GLASSER

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY Ramonda C. Lyons +1 304 345 2000 +1 304 343 7999 rlyons@lewisglasser.com
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 365 - Personal Injury: Product Liability
Timeline
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Legal Document (Payment Possibly Required) 30 Filed: 3/19/2002, Entered: None Unknown Document Type
(Copy of) LETTER from Clerk, USDC to Clerk, McDowell County Circuit Court, dated 3/14/02, re: receipt of case file on 3/18/02, McDowell County Circuit Court No. 01-C-137-S (arb)
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Legal Document (Payment Possibly Required) 29 Filed: 3/14/2002, Entered: None Unknown Document Type
LETTER from Clerk, USDC to Clerk, McDowell County Circuit, dated 3/14/02, re: remand of case (certified cc: attys) (arb)
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Legal Document (Payment Possibly Required) 28 Filed: 3/14/2002, Entered: None Unknown Document TypeCourt Filing
MEMORANDUM OPINION AND ORDER granting [4-1] Plaintiff's Motion to Remand; the Court REMANDS this action to the Circuit Court of McDowell County, WV; denying [4-2] Plaintiff's Motion for Award of Costs/Attorney Fees; granting [13-1] Plaintiff's Motion Leave to File Memorandum in Excess of Twenty Pages; and granting [25-1] Plaintiff's Motion to Strike [24-1] Notice to Counsel of Failure to Answer Within Appropriate Time Frame (signed by Judge David Faber) (certified cc: attys & Clerk, Circuit Court of McDowell County) (arb)
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Legal Document (Payment Possibly Required) 27 Filed: 1/8/2002, Entered: None Unknown Document TypeCourt Filing
STANDING ORDER IN RE: REFERRAL OF CIVIL ACTION MATTERS TO MAGISTRATE JUDGES ENTERED DECEMBER 28, 2001, NUNC PRO TUNC DECEMBER 26, 2001: Pursuant to 28 USC 636, certain types of civil actions and certain types of motions in civil cases shall be referred to the divisions as follows: For Beckley and Bluefield, to Magistrate Judge R. Clarke VanDervort; for Charleston and Parkersburg, to Magistrate Judge Mary E. Stanley; for Huntington, to Magistrate Judge Maurice G. Taylor, Jr.; the types of motions referred in all civil actions are: (1) applications to proceed in forma pauperis; (2) discovery disputes; and (3) discovery issues that arise post-judgement, such as interrogatories in aid of execution, judgment debtor examinations, and motions to compel answers to suggestions; the types of civil actions referred for total pretrial management and/or proposed findings of fact and recommendations for disposition are: (1) Actions for judicial review of an administrative determination under the Social Security Act, including applications for award of attorneys' fees and expenses under the Social Security Act or the Equal Access to Justice Act; and (2) Actions filed by persons proceeding pro se, whether in custody or not, until such person is represented by counsel; this order supersedes prior standing orders and referral orders in pending cases, but prior rulings made thereunder remain the law of the particular case. THIS CASE REFERRED TO Magistrate Judge R. Clarke VanDervort. (cc: attys; any unrepresented party) (tld) Modified on 01/14/2002
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Legal Document (Payment Possibly Required) 26 Filed: 1/7/2002, Entered: None Unknown Document Type
NOTICE of Substitution of Counsel by Purdue Pharma L.P., Purdue Pharma Inc. and Purdue Frederick Co. (W. Henry Jernigan, Jr., Ramonda C. Lyons and the law firm of Dinsmore & Shohl, LLP have been retained to represent the Purdue defendants in substitution of the law firm of Jackson & Kelly, PLLC) (arb) Modified on 01/14/2002 (Entered: 01/10/2002)
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Legal Document (Payment Possibly Required) 25 Filed: 11/16/2001, Entered: None Unknown Document Type
MOTION by Abbott Laboratories and Abbott Labs, Inc. to Strike [24-1] Notice to Counsel of Failure to Answer Within Appropriate Time Frame (incorporated with previous entry) (arb) Modified on 01/14/2002 (Entered: 11/19/2001)
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Legal Document (Payment Possibly Required) 24 Filed: 11/6/2001, Entered: None Unknown Document Type
NOTICE TO COUNSEL by Clerk re: Failure by Defendant Abbott Laboratories to Answer Within Appropriate Time Frame (arb)
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Legal Document (Payment Possibly Required) 23 Filed: 10/31/2001, Entered: None Unknown Document Type
SUMMONS RETURNED EXECUTED by Secretary of State for Abbott Laboratories. Accepted 10/9/01. Green return receipt card signed on 10/15/01 by Linda Cooprides. Answer due on 11/4/01 for Abbott Laboratories (arb)
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Legal Document (Payment Possibly Required) 22 Filed: 10/31/2001, Entered: None Unknown Document Type
SUMMONS RETURNED EXECUTED by Secretary of State for Purdue Frederick Co. Accepted 10/9/01. Green return receipt card signed on 10/24/01 by illegible. Answer due on 11/13/01 for Purdue Frederick Co. (arb)
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Legal Document (Payment Possibly Required) 21 Filed: 10/31/2001, Entered: None Unknown Document Type
SUMMONS RETURNED EXECUTED by Secretary of State for Purdue Pharma Inc. Accepted 10/9/01. Green return receipt card signed on 10/24/01 by illegible. Answer due on 11/13/01 for Purdue Pharma Inc. (arb)
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Legal Document (Payment Possibly Required) 20 Filed: 10/29/2001, Entered: None Unknown Document Type
NOTICE of Intent to Defer the Filing of Responsive Pleadings Pending Resolution of Plaintiff's Motion to Remand by Purdue Pharma L.P., Purdue Pharma Inc. and Purdue Frederick Co. (with attached Exhibit 1) (arb)
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Legal Document (Payment Possibly Required) 19 Filed: 10/12/2001, Entered: None Unknown Document Type
SUMMONS RETURNED EXECUTED by Secretary of State for Purdue Pharma L.P. Accepted 10/9/01. Answer due on 10/29/01 for Purdue Pharma L.P. (mjp)
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Legal Document (Payment Possibly Required) 18 Filed: 10/12/2001, Entered: None Unknown Document Type
SUMMONS RETURNED EXECUTED by Secretary of State for Abbott Laboratories. Accepted 10/9/01. Answer due on 10/29/01 for Abbott Laboratories (mjp)
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Legal Document (Payment Possibly Required) 17 Filed: 9/21/2001, Entered: None Unknown Document TypeCourt Filing
AGREED ORDER: that the 9/4/01 Scheduling Order is suspended and that motions pursuant to Rule 12(b) shall be filed and served on or before the close of business 30 days following the later of the Court's resolution of the Motion to Remand or Service of the Complaint upon each of the named defts. and the disclosures required under Rule 26 shall be filed and served on or before the close of business 60 days following the later of such events. ( signed by Judge David Faber ) (cc: attys) (cds) Modified on 09/25/2001
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Legal Document (Payment Possibly Required) 16 Filed: 9/6/2001, Entered: None Unknown Document TypeCourt Filing
ORDER granting [12-1] Motion for Chilton D. Varner to Appear Pro Hac Vice (signed by Judge David Faber) (cc: attys) (arb)
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Legal Document (Payment Possibly Required) 15 Filed: 9/4/2001, Entered: None Unknown Document TypeCourt Filing
ORDER AND NOTICE: Rule 12(b) motions w/supporting briefs 9/25/01 Last day for Rule 26(f) meeting 10/4/01 Last day to file Rule 26(f) meeting report 10/11/01 Scheduling Conference with the Court 10:00 10/25/01 in BLUEFIELD Entry of Scheduling Order due by 11/1/01 Last day to make Rule 26(a)(1) disclosures 11/5/01. It is further ORDERED that copies of all motions, supporting memoranda, and all other supporting documents and materials shall be mailed to Judge Faber at his Beckley office. (signed by Judge David Faber) (cc: attys). (arb)
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Legal Document (Payment Possibly Required) 14 Filed: 8/30/2001, Entered: None Unknown Document Type
CONSOLIDATED REPLY by State of WV and Darrell V. McGraw Jr. to Responses to [4-1] Motion to Remand and [4-2] Motion for Award of Costs/Attorney Fees by Darrell V. McGraw Jr. and State of WV (with attached exhibits) (arb) Modified on 08/31/2001
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Legal Document (Payment Possibly Required) 13 Filed: 8/30/2001, Entered: None Unknown Document Type
MOTION by State of WV and Darrell V. McGraw Jr. for Leave to File Memorandum in Excess of Twenty Pages (arb)
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Legal Document (Payment Possibly Required) 12 Filed: 8/14/2001, Entered: None Unknown Document Type
MOTION by Purdue Pharma L.P., Purdue Pharma Inc. and Purdue Frederick Co. for Chilton D. Varner to Appear Pro Hac Vice (with attached Exhibit A) (arb) (Entered: 08/15/2001)
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Legal Document (Payment Possibly Required) 11 Filed: 8/9/2001, Entered: None Unknown Document Type
MEMORANDUM by Purdue Pharma L.P., Purdue Pharma Inc., Purdue Frederick Co. in opposition to [4-1] motion to Remand by Darrell V. McGraw Jr., State of WV with exhibits and Affidavit of Ramonda C. Lyons attached (mjp) (Entered: 08/10/2001)
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Legal Document (Payment Possibly Required) 10 Filed: 8/9/2001, Entered: None Unknown Document Type
MEMORANDUM by Abbott Laboratories, Abbott Labs, Inc. in opposition to [4-1] motion to Remand by Darrell V. McGraw Jr., State of WV (mjp) (Entered: 08/10/2001)
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Legal Document (Payment Possibly Required) 9 Filed: 8/2/2001, Entered: None Unknown Document TypeCourt Filing
STIPULATION & ORDER by and between Plaintiffs and the Purdue Defendants: Response to Motion set to 8/9/01 for [4-1] Plaintiffs' Motion to Remand and Reply to Response to Motion set to 8/29/01 for [4-1] Plaintiffs' Motion to Remand (signed by Judge David Faber) (certified cc: attys) (arb)
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Legal Document (Payment Possibly Required) 8 Filed: 8/2/2001, Entered: None Unknown Document TypeCourt Filing
STIPULATION & ORDER by and between Plaintiffs and the Abbott Defendants: Response to Motion set to 8/9/01 for [4-1] Plaintiffs' Motion to Remand and Reply to Response to Motion set to 8/29/01 for [4-1] Plaintiffs' Motion to Remand (signed by Judge David Faber) (certified cc: attys) (arb) Modified on 08/02/2001
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Legal Document (Payment Possibly Required) 7 Filed: 7/24/2001, Entered: None Unknown Document TypeCourt Filing
ORDER granting [3-1] Plaintiffs' Motion for William B. Schultz to Appear Pro Hac Vice. (signed by Judge David Faber) (cc: attys) (arb)
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Legal Document (Payment Possibly Required) 6 Filed: 7/16/2001, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE by State of WV and Darrell V. McGraw Jr. for Document Nos. 4 & 5 (arb)
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Legal Document (Payment Possibly Required) 5 Filed: 7/16/2001, Entered: None Unknown Document Type
MEMORANDUM by State of WV and Darrell V. McGraw Jr. in support of [5-1] Motion to Remand and [5-2] Motion for Award of Costs/Attorney Fees (arb)
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Legal Document (Payment Possibly Required) 4 Filed: 7/16/2001, Entered: None Unknown Document Type
MOTION by State of WV and Darrell V. McGraw Jr. to Remand and for Award of Costs/Attorney Fees (arb) Modified on 07/17/2001
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Legal Document (Payment Possibly Required) 3 Filed: 7/16/2001, Entered: None Unknown Document Type
MOTION by State of WV and Darrell V. McGraw Jr. for William B. Schultz to Appear Pro Hac Vice ; with supporting Affidavit (arb)
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Legal Document (Payment Possibly Required) 2 Filed: 6/26/2001, Entered: None Unknown Document TypeCourt Filing
ORDER: It is ORDERED that the firm of Jackson & Kelly and W. Henry Jernigan, Jr. be removed as counsel for Abbott Laboratories and Abbott Laboratories, Inc. and that Goodwin & Goodwin, LLP and Stephen P. Goodwin and Thomas R. Goodwin be substituted as counsel for Abbott Laboratories and Abbott Laboratories, Inc. (signed by Judge David Faber) (cc: attys) (arb)
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Legal Document (Payment Possibly Required) 1 Filed: 6/21/2001, Entered: None Unknown Document Type
NOTICE OF REMOVAL; with complaint and docket sheet from Circuit Court of McDowell County. FILING FEE $ 150.00 RECEIPT #8823 - NS (Chas.). (arb) Modified on 06/28/2001
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