Corcoran et al v. CVS Health Corporation

Northern District of California, cand-4:2015-cv-03504

NOTICE by CVS Pharmacy, Inc. Regarding Trial Status of In re Opioid Litigation, No. 400000/2017 (Nassau Cnty, NY Sup. Ct.)

Interested in this case?

Current View

Full Text

1 Enu Mainigi (Pro Hac Vice) Grant A. Geyerman (Pro Hac Vice) 2 WILLIAMS & CONNOLLY LLP 725 Twelfth Street, N.W. 3 Washington, DC 20005 Telephone: (202) 434-5000 4 Facsimile: (202) 434-5029 5 Edward W. Swanson (State Bar No. 159859) August Gugelmann (State Bar No. 240544) 6 SWANSON & McNAMARA LLP 300 Montgomery Street, Suite 1100 7 San Francisco, CA 94104 Telephone: (415) 477-3800 8 Facsimile: (415) 477-9010 9 Attorneys for CVS Pharmacy, Inc. 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 OAKLAND DIVISION 13 14 CHRISTOPHER CORCORAN, et al., No. 15-CV-03504-YGR 15 Plaintiffs, CLASS ACTION 16 v. CVS PHARMACY, INC.'S NOTICE REGARDING TRIAL STATUS IN IN RE 17 CVS PHARMACY, INC., OPIOID LITIGATION, NO. 400000/2017 (NASSAU CNTY, NY SUP. CT.) 18 Defendant. 19 20 21 22 23 24 25 26 27 28 1 Per the Court's Order (ECF No. 425), CVS Pharmacy, Inc. hereby provides an update on 2 the current status of the trial in In re Opioid Litigation, No. 400000/2017 (Nassau Cnty, NY 3 Supreme Ct.). 4 Jury selection was scheduled to begin on March 24, with a lengthy trial to follow. On 5 March 10, however, the New York Office of Court Administration adjourned the trial in light of 6 the COVID-19 pandemic. The trial judge initially scheduled a status conference for April 14, but 7 has since postponed the conference until May 5 in light of the escalating public health crisis. The 8 court has not yet identified a new trial date, although (prior to the re-setting of the next status 9 conference to May 5) had noted that he wished to start trial prior to May 18. 10 On March 22, the Chief Administrative Judge of the New York Courts directed all county 11 clerks and courts to stop accepting filings issued an Administrative Order directing that, "effective 12 immediately and until further order, no papers shall be accepted for filing by a county clerk or a 13 court in any matter of a type not included on [a] list of essential matters." 1 The next day, the trial 14 judge specified that "[n]othing shall be efiled" in In re Opioid Litigation, "unless the filings are 15 included in the list of essential matters" in the Administrative Order. As a result of those Orders, 16 the parties in In re Opioid Litigation have not been able to make their scheduled pre-trial filings, 17 including motions in limine, witness lists, objections to exhibits, and deposition designations. 18 Given the above, undersigned counsel is presently available any date in May other than 19 May 5, consistent of course with this Court's status in light of the pandemic. 20 21 Dated: March 27, 2020 Respectfully submitted, 22 By: /s/ Enu Mainigi Enu Mainigi (Pro Hac Vice) 23 Grant A. Geyerman (Pro Hac Vice) 24 WILLIAMS & CONNOLLY LLP 25 1 None of the categories of "essential proceedings"—which include certain criminal proceedings 26 (e.g., bail, arraignments, temporary orders of protection); certain family court matters; emergency petitions relating to guardianship matters, Election Law, or the coronavirus; temporary orders of 27 protection; certain Mental Hygiene Law hearings; and civil housing matters—encompasses In re Opioid Litigation. 28 DEFENDANT'S NOTICE RE: TRIAL STATUS -1- NO. 15-CV-03504-YGR 1 Edward W. Swanson (State Bar No. 159859) 2 August Gugelmann (State Bar No. 240544) 3 SWANSON & McNAMARA LLP 4 Attorneys for CVS Pharmacy, Inc. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANT'S NOTICE RE: TRIAL STATUS -2- NO. 15-CV-03504-YGR