Krueger Investments LLC et al v. Cardinal Health 110 Incorporated et al

Justia Dockets & Filings Ninth Circuit Arizona District Court Krueger Investments LLC et al v. Cardinal Health 110 Incorporated et al

Krueger Investments LLC et al v. Cardinal Health 110 Incorporated et al

Plaintiff:	Krueger Investments LLC an Arizona limited liability company doing business as Eagle Pharmacy No. 2 and Eagle Pharmacy LLC an Arizona limited liability company doing business as Eagle Pharmacy No. 1
Defendant:	Cardinal Health 411 Incorporated and Cardinal Health 110 Incorporated
Case Number:	2:2012cv00618
Filed:	March 22, 2012
Court:	US District Court for the District of Arizona
Office:	Phoenix Division Office
County:	Maricopa
Presiding Judge:	James A Teilborg
Nature of Suit:	Contract: Other
Cause of Action:	28 U.S.C. § 1441
Jury Demanded By:	None

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Docket Report

This docket was last retrieved on January 24, 2013. A more recent docket listing may be available from PACER.

Date Filed	Document Text
January 24, 2013	Filing 60 ORDER dismissing plaintiffs' claims against all defendants, with each party to bear its own attorneys' fees and costs. Signed by Judge James A Teilborg on 1/24/2013. (LFIG)
January 23, 2013	Filing 59 STIPULATION of Dismissal by Cardinal Health 110 Incorporated, Cardinal Health 411 Incorporated. (Attachments: #1 Text of Proposed Order Order)(Petri, Shawn)
November 2, 2012	Filing 58 NOTICE re Notice of Service of Expert Disclosure by Eagle Pharmacy LLC, Krueger Investments LLC . (Klopp, Matthew)
August 9, 2012	Filing 57 ORDER denying #41 Plaintiffs' Application for Order to Show Cause Re: Contempt and Motion to Compel Testimony and granting #45 United States' Cross-Motion to Quash; the subpoena issued to DEA is quashed. Signed by Judge James A Teilborg on 8/9/12.(LSP)
July 30, 2012	Filing 56 ORDER re: Release of Exhibits. Entered by deputy clerk for Judge James A Teilborg on 7/30/2012. (TLB)
July 30, 2012	Filing 55 REPLY In Support of to Response re #45 Cross-Motion to Quash by Interested Party Drug Enforcement Administration. (Johns, Michael) Modified to correct event type and to add document number on 7/30/2012 (LSP).
July 24, 2012	Filing 54 ORDER denying #28 Plaintiffs' Motion for Preliminary Injunction and denying Defendants' #39 Motion for Leave to File Sur-Reply Instanter. Signed by Judge James A Teilborg on 7/24/12.(LSP)
July 19, 2012	Filing 53 REPLY to to Response re #41 MOTION to Compel Testimony and Response to Motion re #45 CROSS-MOTION to Quash Deposition Subpoena issued to DEA filed by Eagle Pharmacy LLC, Krueger Investments LLC. (Klopp, Matthew) Modified to add document number on 7/19/2012 (LSP).
July 18, 2012	Filing 52 ORDER denying #51 Plaintiff's Motion for Leave to File Supplemental Briefing. Signed by Judge James A Teilborg on 7/18/12.(LSP)
July 18, 2012	Filing 51 MOTION for Leave to File Motion for Leave to File Supplemental Briefing -and- Request for Expedited Ruling on Motion for Leave to File Supplemental Briefing by Eagle Pharmacy LLC, Krueger Investments LLC. (Attachments: #1 Text of Proposed Order Order)(Klopp, Matthew)
July 17, 2012	Filing 50 Witness List re Preliminary Injunction Hearing by Cardinal Health 110 Incorporated, Cardinal Health 411 Incorporated. (LSP)
July 17, 2012	Filing 49 Witness List re Preliminary Injunction Hearing by Eagle Pharmacy LLC, Krueger Investments LLC. (LSP)
July 17, 2012	Filing 48 Exhibit List re Preliminary Injunction Hearing by Cardinal Health 110 Incorporated, Cardinal Health 411 Incorporated. (LSP)
July 17, 2012	Filing 47 Exhibit List re Preliminary Injunction Hearing by Eagle Pharmacy LLC, Krueger Investments LLC. (LSP)
July 17, 2012	Filing 46 Minute Entry. Proceedings held before Judge James A Teilborg on 7/17/2012. Motion Hearing held re: #28 Motion for Preliminary Injunction. Evidence and testimony presented. Closing arguments. ORDERED taking the motion under advisement (Court Reporter David German.)(TLB)
July 16, 2012	Filing 45 RESPONSE to Motion re #41 MOTION to Compel Testimony and Application for Order to Show Cause Re: Contempt MOTION (APPLICATION) for Order to Show Cause Re: Contempt and Cross-Motion to Quash filed by Drug Enforcement Administration. (Johns, Michael) Modified to add motion type on 7/16/2012 (LSP).
July 11, 2012	Filing 44 ORDER (TEXT-ONLY)- IT IS ORDERED denying #40 Parties' Stipulation to continue the preliminary injunction hearing. The hearing set for July 17, 2012 at 9:00 a.m. is confirmed. Marked exhibits, exhibit worksheet and witness worksheet for the hearing shall be brought to court the morning of the hearing. Entered by Judge James A Teilborg on 7/11/2012. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TLB)
July 9, 2012	Filing 43 SUPPLEMENT TO #40 STIPULATION TO CONTINUE PRELIMINARY INJUNCTION HEARING by Plaintiffs Eagle Pharmacy LLC, Krueger Investments LLC. (Carter, Rick) Modified to add document number on 7/10/2012 (LSP).
July 3, 2012	Filing 42 ORDER - The Court has received the parties stipulation. IT IS ORDERED that by July 9, 2012, Eagle Pharmacy file a supplement to the stipulation to continue as detailed in the attached Order. Signed by Judge James A Teilborg on 7/3/2012. (TLB)
July 3, 2012	Filing 41 * MOTION to Compel Testimony and Application for Order to Show Cause Re: Contempt by Eagle Pharmacy LLC, Krueger Investments LLC. (Attachments: #1 Exhibit Exhibits 1-6)(Klopp, Matthew). * Added MOTION (Application) for Order to Show Cause re Contempt on 7/5/2012 (LAD).
July 3, 2012	Filing 40 STIPULATION to Continue Preliminary Injunction Hearing by Eagle Pharmacy LLC, Krueger Investments LLC. (Attachments: #1 Order)(Klopp, Matthew)
June 27, 2012	Filing 39 Defendants' MOTION to File Sur-Reply Instanter by Cardinal Health 110 Incorporated, Cardinal Health 411 Incorporated. (Attachments: #1 Exhibit Exhibits)(Petri, Shawn) Modified to correct event type on 6/28/2012 (LSP).
June 18, 2012	Filing 38 REPLY to Response to Motion re #28 MOTION for Preliminary Injunction filed by Eagle Pharmacy LLC, Krueger Investments LLC. (Attachments: #1 Exhibit Exhibit 1)(Klopp, Matthew)
June 13, 2012	Filing 37 NOTICE re Notice of Filing Proposed Preliminary Injunction by Eagle Pharmacy LLC . (Attachments: #1 Exhibit Exhibit 1)(Klopp, Matthew)
June 13, 2012	Filing 36 NOTICE re Notice of Filing Proposed Findings of Fact and Conclusions of Law by Eagle Pharmacy LLC . (Attachments: #1 Exhibit Exhibit 1)(Klopp, Matthew)
June 13, 2012	Filing 35 STATEMENT of Joint Pre-Hearing by Plaintiff Eagle Pharmacy LLC. (Klopp, Matthew)
June 13, 2012	Filing 34 NOTICE re of Filing Findings of Fact and Conclusions of Law by Cardinal Health 110 Incorporated, Cardinal Health 411 Incorporated . (Attachments: #1 Findings of Fact and Conclusions of Law)(Petri, Shawn)
June 12, 2012	Filing 33 ORDER the Court has reviewed #31 supplement to the notice of removal and finds jurisdiction to have been alleged. Thus, the Court will take no further action regarding jurisdiction, without prejudice to Plaintiffs raising any jurisdictional issues they deem appropriate. Signed by Judge James A Teilborg on 6/12/12. (LSP)
June 11, 2012	Filing 32 RESPONSE to Motion re #28 Plaintiffs' Motion for Preliminary Injunction/Hearing Brief by Defendants Cardinal Health 110 Incorporated, Cardinal Health 411 Incorporated. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibits B-D)(Petri, Shawn) Modified to correct event type and to add document number on 6/12/2012 (LSP).
June 4, 2012	Filing 31 MEMORANDUM Supplement on Subject Matter Jurisdiction #26 Order, #1 Notice of Removal, by Defendants Cardinal Health 110 Incorporated, Cardinal Health 411 Incorporated. (Attachments: #1 Exhibit)(Petri, Shawn)
May 25, 2012	Filing 30 ORDER granting #29 Motion for Extension of Time to File and continuing the deadline to file the supplemental notice of removal from May 30, 2012, until June 4, 2012. Signed by Judge James A Teilborg on 5/25/12.(SJF)
May 25, 2012	Filing 29 MOTION for Extension of Time to File a Supplemental Notice of Removal re Subject Matter Jurisdiction by Cardinal Health 110 Incorporated, Cardinal Health 411 Incorporated. (Attachments: #1 Text of Proposed Order)(Petri, Shawn)
May 23, 2012	Filing 28 MOTION for Preliminary Injunction by Eagle Pharmacy LLC. (Attachments: #1 Exhibit Exhibit 1)(Klopp, Matthew)
May 17, 2012	Filing 27 ORDER that Plaintiff shall file a motion for preliminary injunction by May 23, 2012. Defendants shall respond to the motion by June 11, 2012. Plaintiffs shall reply to the motion by June 19, 2012. The Preliminary Injunction Hearing is re-set for 7/17/2012 at 09:00 AM before Judge James A Teilborg. See PDF document for details. Signed by Judge James A Teilborg on 5/16/12. (LSP)
May 16, 2012	Filing 26 ORDER that by 5/30/2012, Defendants shall file a supplement to #1 Notice of Removal fully alleging federal subject matter jurisdiction, or this case will be remanded for lack of federal subject matter jurisdiction. Signed by Judge James A Teilborg on 5/16/12. (LSP)
May 10, 2012	Filing 25 ORDER granting the parties' #24 Joint Motion for Extension of Time: The Preliminary Injunction Hearing will now take place on 9/5/12 at 1:00 PM before Judge James A Teilborg. ORDERED that the TRO entered by Judge Arthur Anderson of the Maricopa County Superior Court on 3/12/12 shall remain in effect until the Court rules on the request for a preliminary injuction. Signed by Judge James A Teilborg on 5/10/12. (LFIG)
May 10, 2012	Filing 24 MOTION for Extension of Time for Deadlines on Preliminary Injunction Briefing and Hearing by Cardinal Health 110 Incorporated, Cardinal Health 411 Incorporated. (Attachments: #1 Text of Proposed Order Order)(Petri, Shawn)
May 8, 2012	Filing 23 NOTICE re Notice of Filing Temporary Restraining Order and Request for Preliminary Injunction by Krueger Investments LLC . (Attachments: #1 Exhibit Exhibits 1-4)(Klopp, Matthew)
May 8, 2012	Filing 22 ORDER (TEXT-ONLY) - At the Rule 16 Scheduling Conference, the parties indicated that they had stipulated to a TRO and were ready to proceed to the Preliminary Injunction hearing. IT IS ORDERED that by Tuesday, May 8, 2012, Plaintiff shall file a copy of the Temporary Restraining Order entered by the state court (the March 2, 2012 Order of the Honorable Arthur Anderson is referenced at Doc. 10). IT IS FURTHER ORDERED that by Wednesday, May 9, 2012, Plaintiff shall file a copy of the pending motion for preliminary injunction referenced at Doc. 10. IT IS FURTHER ORDERED that by Wednesday, May 23, 2012, Defendant shall respond to the motion for preliminary injunction. IT IS FURTHER ORDERED that Plaintiff shall reply in support of its motion for preliminary injunction by May 31, 2012. IT IS FURTHER ORDERED that by Monday, May 14, 2012, the parties shall file a joint notice of an estimated length of the hearing. IT IS FINALLY ORDERED setting a hearing on the motion for preliminary injunction for Wednesday, June 20, 2012 at 1:00 p.m. 6/20/2012 at 01:00 PM in Courtroom 503, 401 West Washington Street, Phoenix, AZ 85003 before Judge James A Teilborg. Entered by Judge James A Teilborg on 5/8/2012. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TLB)
May 7, 2012	Filing 21 NOTICE re Notice of Service by Cardinal Health 110 Incorporated, Cardinal Health 411 Incorporated . (Petri, Shawn)
May 7, 2012	Filing 20 SCHEDULING ORDER: Discovery due by 4/12/2013. Dispositive motions due by 5/17/2013. Signed by Judge James A Teilborg on 5/7/2012. (TLB)
May 7, 2012	Filing 19 Minute Entry (TEXT-ONLY) - Proceedings held before Judge James A Teilborg: Rule 16 Scheduling Conference held on 5/7/2012. Appearances: Matthew A. Klopp for plaintiffs. Sean P. Healy for defendants. Joseph E. Ezzie telephonically for defendants. Rule 16 Scheduling Conference held. Deadlines set. Rule 16 Scheduling Order to issue. (Court Reporter David German.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (TLB)
May 7, 2012	Filing 18 NOTICE re Notice of Service of Initial Disclosure Statement by Krueger Investments LLC . (Klopp, Matthew)
April 23, 2012	Filing 17 REPORT of Joint Case Management by Plaintiff Krueger Investments LLC. (Klopp, Matthew)
April 4, 2012	Filing 16 ORDER pursuant to General Order 09-08 granting #14 Motion for Admission Pro Hac Vice; granting #15 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
April 4, 2012	Filing 15 MOTION for Admission Pro Hac Vice as to attorney Joseph E Ezzie on behalf of Cardinal Health 110 Incorporated, and Cardinal Health 411 Incorporated. (BAS)
April 4, 2012	Filing 14 MOTION for Admission Pro Hac Vice as to attorney Mark A Johnson on behalf of Cardinal Health 110 Incorporated, and Cardinal Health 411 Incorporated. (BAS)
April 4, 2012	Filing 13 NOTICE re Notice of Filing Stipulation for Consolidation by Eagle Pharmacy LLC . (Attachments: #1 Exhibit Exhibit A)(Klopp, Matthew)
April 4, 2012	Filing 12 ORDER - Rule 16 Scheduling Conference set for 5/7/2012 at 03:15 PM in Courtroom 503, 401 West Washington Street, Phoenix, AZ 85003 before Judge James A Teilborg. Signed by Judge James A Teilborg on 4/4/2012. (TLB)
April 4, 2012	Filing 11 Defendants Cardinal Health 110, Inc., and Cardinal Health 411, Inc.'s ANSWER to Complaint by Cardinal Health 110 Incorporated, Cardinal Health 411 Incorporated.(Healy, Sean)
April 4, 2012	PRO HAC VICE FEE PAID. $ 50, receipt number PHX120592 as to Joseph E Ezzie, Mark A Johnson. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
March 27, 2012	Filing 10 NOTICE re Notice of Pending Motions by Eagle Pharmacy LLC . (Klopp, Matthew)
March 26, 2012	Filing 9 Corporate Disclosure Statement by Krueger Investments LLC. (Klopp, Matthew)
March 26, 2012	Filing 8 Corporate Disclosure Statement by Eagle Pharmacy LLC. (Klopp, Matthew)
March 23, 2012	Filing 7 NOTICE re Notice of Filing Motion for Consolidation by Eagle Pharmacy LLC, Krueger Investments LLC . (Attachments: #1 Exhibit Exhibit A)(Klopp, Matthew)
March 23, 2012	Filing 6 SUPPLEMENT to #2 Disclosure Statement by Defendants Cardinal Health 110 Incorporated, Cardinal Health 411 Incorporated. (Petri, Shawn) Modified to add document number on 3/26/2012 (LSP).
March 23, 2012	Filing 5 STANDARD TRACK ORDER. Signed by Judge James A Teilborg on 3/23/2012. (TLB)
March 23, 2012	Filing 4 NOTICE TO PARTY RE CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Krueger Investments LLC and Eagle Pharmacy LLC. (REK)
March 22, 2012	Filing 3 Filing fee paid, receipt number PHX 0970-6555333. This case has been assigned to the Honorable James A. Teilborg. All future pleadings or documents should bear the correct case number: CV 12-00618-PHX-JAT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK)
March 22, 2012	Filing 2 Corporate Disclosure Statement by Cardinal Health 110 Incorporated, Cardinal Health 411 Incorporated identifying Corporate Parent Cardinal Health Incorporated for Cardinal Health 110 Incorporated, Cardinal Health 411 Incorporated (submitted by Sean Healy). (REK)
March 22, 2012	Filing 1 NOTICE OF REMOVAL from Maricopa County Superior Court, case number CV2012-004620 Filing fee received: $350.00, receipt number PHX 0970-6555333, filed by Cardinal Health 411 Incorporated, Cardinal Health 110 Incorporated (submitted by Sean Healy). (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Civil Cover Sheet, #9 Supplemental Cover Sheet)(REK)
March 22, 2012	***State Court record received on 3/22/2012*SUMMONS Returned Executed by Eagle Pharmacy LLC, Krueger Investments LLC. Cardinal Health 110 Incorporated served on 3/14/2012 via Acceptance and Waiver of Service signed by defense counsel; Cardinal Health 411 Incorporated served on 3/14/2012 via Acceptance and Waiver of Service signed by defense counsel.*Acceptance and Waiver of Service filed in State Court on 3/19/2012, docketed in U.S. District Court on 3/22/2012 for case management purposes.*** (REK) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.

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Search for this case: Krueger Investments LLC et al v. Cardinal Health 110 Incorporated et al
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Plaintiff: Krueger Investments LLC an Arizona limited liability company doing business as Eagle Pharmacy No. 2
Represented By:	Matthew Allen Klopp
Represented By:	Rick Kevin Carter
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Plaintiff: Eagle Pharmacy LLC an Arizona limited liability company doing business as Eagle Pharmacy No. 1
Represented By:	Matthew Allen Klopp
Represented By:	Rick Kevin Carter
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Defendant: Cardinal Health 411 Incorporated
Represented By:	Joseph E Ezzie
Represented By:	Mark A Johnson
Represented By:	Sean Patrick Healy
Represented By:	Shawn Michael Petri
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Defendant: Cardinal Health 110 Incorporated
Represented By:	Joseph E Ezzie
Represented By:	Mark A Johnson
Represented By:	Sean Patrick Healy
Represented By:	Shawn Michael Petri
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