STATE OF RHODE ISLAND, by and through, PETER F. KILMARTIN, ATTORNEY GENERAL, Plaintiff,
PURDUE PHARMA L.P.; PURDUE PHARMA INC.; THE PURDUE FREDERICK COMPANY, INC.; INSYS THERAPEUTICS, INC.; CARDINAL HEALTH, INC., MCKESSON CORPORATION d/b/a MCKESSON DRUG COMPANY; and AMERISOURCEBERGEN DRUG CORPORATION, Defendants.
Plaintiff: Peter F. Kilmartin, Esq.; Robert J. McConnell,
Esq.; Donald A. Migliori, Esq.
Plaintiff: Peter F. Kilmartin, Esq. Robert J. McConnell, Esq.
Donald A. Migliori, Esq.
Defendants: Purdue Pharma L.P. Matthew T. Oliverio, Esq.
Therapeutics, Inc. John Tarantino, Esq. Leslie D. Parker,
Esq. Patricia K. Rocha, Esq.
Cardinal Health, Inc. Robert Corrente, Esq. Christopher N.
McKesson Corporation d/b/a McKesson Drug Company Joseph V.
Cavanagh, Jr., Esq. Mary C. Dunn, Esq.
Amerisourcebergen Drug Corporation Gerald J. Petros, Esq.
Mitchell Edwards, Esq.
this Court is Plaintiff State of Rhode Island's (State)
Rule 7 Motion to Compel Defendants' Response to the
State's First Request for Production of Documents (Motion
to Compel) from defendants Purdue Pharma L.P.; Purdue Pharma
Inc.; the Purdue Frederick Company, Inc.; Insys Therapeutics,
Inc.; Cardinal Health, Inc.; McKesson Corporation d/b/a/
McKesson Drug Company; and AmerisourceBergen Drug Corporation
(collectively Defendants). Defendants object and jointly move
to stay discovery (Motion to Stay) until this Court rules on
Defendants' September 28, 2018 Motion to Dismiss. This
Court exercises jurisdiction pursuant to G.L. 1956 §
25, 2018, the State of Rhode Island, by and through its
Attorney General, filed a complaint (the Complaint) against
the Defendants, manufacturers and distributors of
prescription opioid pharmaceutical products. In the Complaint,
the State cited the current record numbers of addictions,
overdoses, and deaths caused by the use and abuse of opioids
(the Opioid Epidemic). The Complaint included counts of
public nuisance, violations of the Rhode Island False Claims
Act, fraud and fraudulent misrepresentation, negligence, and
unjust enrichment. The State alleged that Defendants engaged
in deceptive, misleading, and illegal marketing and
distribution practices in the State of Rhode Island, and
further maintained that these practices contributed to the
25, 2018, the State served Defendants with the State's
First Request for Production of Documents (First Request).
The First Request sought, inter alia, all documents
and communications regarding the marketing of opioids
(including general marketing plans and those targeted at
Rhode Island), all documents related to the distribution of
opioids in Rhode Island, documents and communications
concerning monetary or non-monetary payments from Defendants
to Rhode Island prescribers of opioids, and information
regarding any suspicious orders or declined opioid
prescriptions from Rhode Island pharmacies. Defendants failed
to produce any documents in response to the State's First
Request. In a status conference on August 21, 2018, the State
stated its need for the requested information. Defendants
expressed their intent to file a motion to dismiss (Motion to
Dismiss) by September 28, 2018, as well as a motion to stay
discovery until the Court ruled on the Motion to Dismiss. The
Court entered an Order of Assignment and Stipulation that the
parties meet and confer regarding the State's First
Request, and the State agreed to an extension of
Defendants' deadline to respond to the First Request to
September 7, 2018.
State filed this Motion to Compel pursuant to Super. R. Civ.
P. 7(b)(3). Defendants responded with a joint Motion to Stay
and a joint objection to the State's Motion to Compel.
The State objects to Defendants' Motion to Stay. On
September 28, the Defendants filed their Motion to Dismiss,
asserting that the State failed ...