United States District Court, S.D. West Virginia, Huntington
MEMORANDUM OPINION AND ORDER
A. FABER SENIOR UNITED STATES DISTRICT JUDGE.
court has considered defendants' Motion to Remand filed
on March 15, 2017, and all matters of record relevant thereto
and finds no material difference between this case and
The County Commission of McDowell County v. McKesson
Corporation, et al., Civil Action No. 1:17-000946, also
pending in this court.
for the reasons set out in this court's opinion in that
case, dated July 3, 2017, a copy of which, labeled
“Exhibit A” is attached hereto, filed herewith
and made a part hereof, plaintiff's Motion to Remand is
DENIED. Since the court lacks jurisdiction over
plaintiff's claims against Dr. Gregory Donald Chaney,
this action, insofar as it relates to Dr. Chaney, is
dismissed without prejudice.
Clerk is directed to send copies of this Memorandum Opinion
and Order to counsel of record, unrepresented parties, and to
the Circuit Court of Cabell County, West Virginia.
THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF
WEST VIRGINIA AT BLUEFIELD
COUNTY COMMISSION OF MCDOWELL COUNTY, Plaintiff,
CORPORATION, et al., Defendants.
ACTION NO. 1:17-00946
OPINION AND ORDER
civil action was filed in the Circuit Court of McDowell
County, West Virginia, and removed to this court by the
defendants who maintain that this court has diversity of
citizenship jurisdiction. The plaintiff has filed a motion to
remand that is now before the court for decision. (ECF No.
26). For reasons discussed below, the motion to remand is
Statement of the Case
nation, in general, and West Virginia, in particular, are
experiencing an acute epidemic of drug use and related social
problems caused by a flood of opioid pills. The problem is
especially acute in Southern West Virginia, including
McDowell County. The governing body of McDowell County, the
County Commission, filed this civil action in the Circuit
Court of McDowell County and named as defendants three
corporate distributors of opiates: McKesson Corporation,
AmerisourceBergen and Cardinal Health. All three are citizens
and residents of states other than West Virginia. Named as an
additional defendant is Dr. Harold Anthony Cofer, Jr., a
citizen and resident of West Virginia. Defendants, in their
notice of removal, assert that Dr. Cofer has been joined, in
this action, solely for the purpose of defeating federal
charges that the corporate defendants knowingly flooded
McDowell County with opioids well beyond what was necessary
to address pain and other reasons residents of the county
could legitimately use the drugs. Dr. Cofer, it is charged,
provided written opioid prescriptions for patients, knowing
that the drugs were likely to be abused, diverted or misused.
The county seeks to recover damages to compensate it ...