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YOU ARE HEREBY SUMMONED and required to answer the Short Form Complaint in this
action, a copy of which is attached hereto and herewith served upon you, and to serve a copy of your
answer to same upon the subscriber at 178 West Main Street, Post Office Box 3547, Spartanburg, South
Carolina 29304, within thirty (30) days after the service of same, exclusive of the day of such service. If
you fail to answer the Short Form Complaint within the time aforesaid, Plaintiff in this Action will apply
to the Court for the relief demanded and judgment will be taken against you by default.
/s/Cheryl F. Perkins
Cheryl F. Perkins (SC Bar No. 2078)
Charles W. Whetstone, Jr. (SC Bar No. 6059)
John L. Breeden, Jr. (SC Bar No. 865)
Whetstone Perkins & Fulda, LLC
P.O. Box 8086
Columbia, SC 29202
(803) 799-9400
cperkins@attorneyssc.com
cwhetstone@attorneyssc.com
harpinjon1@cs.com
Marc J. Bern
Marc J. Bern & Partners LLP
One Grand Central Place
60 E. 42nd Street, Suite 950
New York, NY 10165
(212) 702-5000
mbern@bernllp.com
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ELECTRONICALLY FILED - 2019 May 06 4:32 PM - HORRY - COMMON PLEAS - CASE#2019CP2602684
Theresa Sackler; David A. Sackler; Trust for the )
Benefit of Members of the Raymond Sackler )
Family; and Stuart D. Baker, )
)
Defendants. )
_______________________________________ )
Plaintiff Horry County files this Short Form Complaint and Jury Demand against
Defendants named below. Plaintiff incorporates by reference all allegations set forth in
Plaintiffs’ Master Amended Complaint and Jury Demand (the “Master Amended Complaint”),
which was filed on February 14, 2019 in the Greenville County Court of Common Pleas under
the case caption: County of Greenville v. Rite Aid of South Carolina, Inc., C.A. No. 2018-CP-23-
01294. Plaintiff’s Action is part of the In re: South Carolina Opioid Litigation proceedings
IDENTIFICATION OF PARTIES
2. Each and every Defendant named and identified in the Master Amended
3. This Court has subject matter jurisdiction pursuant to S.C. Const. art. V § 11 and
4. Additionally, this Court has jurisdiction over this Plaintiff’s action pursuant to the
orders of Chief Justice Beatty of the South Carolina Supreme Court, dated August 9, 2018, and
5. This Court has personal jurisdiction over all of the defendants named herein,
consistent with due process and the requirement of South Carolina’s long-arm statute.
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ELECTRONICALLY FILED - 2019 May 06 4:32 PM - HORRY - COMMON PLEAS - CASE#2019CP2602684
6. Although these cases have been consolidated for purposes of pretrial matters and
discovery, venue for trial of this case is appropriate in Horry County, South Carolina.
7. Plaintiff’s case is not removable to federal court because there is no basis for
federal court jurisdiction. Diversity jurisdiction does not exist under 28 U.S.C. § 1332, nor is a
federal question presented for purposes of 28 U.S.C. § 1331. Plaintiff is not alleging any federal
causes of action.
ALLEGATIONS
8. Plaintiff hereby adopts and incorporates by reference all allegations set forth in
9. In addition to the allegations set forth in the Master Amended Complaint, Plaintiff
10. Plaintiff Horry County has a population of more than 333,000 residents.
2014, 78 opioid overdose deaths in 2015, 101 opioid overdose deaths in 2016, and 77 opioid
overdose deaths in 2017. There have been substantially more incidences of opioid-involved
overdoses where the individual has survived, and many individuals have multiple overdoses.
12. Additionally, Horry County personnel administered naloxone 376 times in 2014,
13. The opioid prescribing rate, which is the number of opioid prescriptions
dispensed per 100 persons, is another indicator of the extent of the opioid problem in Horry
County. According to the CDC, the prescribing rate for Horry County in 2015 was 121.9
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ELECTRONICALLY FILED - 2019 May 06 4:32 PM - HORRY - COMMON PLEAS - CASE#2019CP2602684
prescriptions per 100 persons, the prescribing rate in 2016 was 110.7 prescriptions per 100
persons, and the prescribing rate in 2017 was 97.1 prescriptions per 100 persons.
14. Overdoses, addiction, hospitalizations, and other negative effects of the opioid
CAUSES OF ACTION
15. Plaintiff hereby adopts and incorporates by reference all causes of action set forth
i. Violations of the South Carolina Unfair Trade Practices Act, S.C. Code
WHEREFORE Plaintiff prays for relief and judgment against all Defendants as set forth
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ELECTRONICALLY FILED - 2019 May 06 4:32 PM - HORRY - COMMON PLEAS - CASE#2019CP2602684
Respectfully submitted:
/s/Cheryl F. Perkins
Cheryl F. Perkins (SC Bar No. 2078)
Charles W. Whetstone, Jr. (SC Bar No. 6059)
John L. Breeden, Jr. (SC Bar No. 865)
Whetstone Perkins & Fulda, LLC
P.O. Box 8086
Columbia, SC 29202
(803) 799-9400
cperkins@attorneyssc.com
cwhetstone@attorneyssc.com
harpinjon1@cs.com
Marc J. Bern
Marc J. Bern & Partners LLP
One Grand Central Place
60 E. 42nd Street, Suite 950
New York, NY 10165
(212) 702-5000
mbern@bernllp.com
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