K-V Pharmaceutical Company, et al v. David Cook, et al
| K-V PHARMACEUTICAL COMPANY and THER-RX CORPORATION |
| DAVID A. COOK, in his official capacity as Commissioner of the Georgia Department of Community Health, JERRY DUBBERLY and LINDA WIANT |
| AMGP GEORGIA MANAGED CARE COMPANY, INC., PEACH STATE HEALTH PLAN, INC. and WELLCARE OF GEORGIA, INC. |
| 14-11968 |
| May 2, 2014 |
| U.S. Court of Appeals, Eleventh Circuit |
| Other |
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ORDER: Before the Court is Appellees' "Motion to Lift Stay and for Leave to file Supplemental Briefing." Appellants have filed a response, in which they consent to the Court lifting the stay, oppose the request for supplemental briefing, and seek for the Court to summarily reverse the decision of the district court. Appellees' request for the stay of this appeal to be lifted is GRANTED. Appellants' request for summary reversal is GRANTED to the extent that the judgment of the district court is hereby VACATED. This matter is REMANDED to the district court for reconsideration and further proceedings, in light of the Supreme Court's decision in Armstrong v. Exceptional Child Ctr., Inc., 575 U.S._,_, 135 S.Ct. 1378, 1384 (2015). Appellees' request for supplemental briefing is DENIED AS MOOT. [ # 7437437-2 ]; [ # 7437437-2 ]; [ # 7443052-2 ]; SM, CRW and BBM [Entered: 05/18/2015 10:53 AM]
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| Reply to response filed by Appellee KVPBQ. (ECF: Manoj Varghese) [Entered: 04/21/2015 06:52 PM] |
| RESPONSE witth Incorporated Motion for summary reversal filed by Appellee KVPBQ in 14-11968 [ # 7437437-2 ] filed by Attorney Jason Samuel Naunas for Appellants David A. Cook and Linda Wiant.--[Edited 05/18/2015 by EJ] (ECF: Jason Naunas) [Entered: 04/14/2015 04:27 PM] |
| MOTION Motion To Lift Stay And For Leave To File Supplemental Briefing filed by KVPBQ. Opposition to Motion is Unknown. [7437437-1] (ECF: Manoj Varghese) [Entered: 04/07/2015 06:09 PM] |
| Response to Supplemental Authority (28J) filed by Appellee KVPBQ. (ECF: Manoj Varghese) [Entered: 04/03/2015 05:25 PM] |
| Supplemental Authority filed by Appellant David A. Cook. (ECF: Jason Naunas) [Entered: 04/02/2015 03:18 PM] |
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ORDER: Appellants' "Motion to Stay Proceedings" is GRANTED. This appeal is STAYED pending the Supreme Court's decision in Armstrong v. Exceptional Child Center, Inc., No. 14-15. [ # 7296879-2 ] CRW [Entered: 12/16/2014 12:21 PM]
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| AMENDED Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Manoj S. Varghese for Appellees KVPBQ and Ther-Rx Corporation. On the same day the CIP is served, the party filing it must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-2(b). (ECF: Manoj Varghese) [Entered: 12/03/2014 04:11 PM] |
| This appeal has been removed from tentative calendar # 9 and will be reassigned at a later date. [Entered: 11/04/2014 10:32 AM] |
| RESPONSE to Motion to stay further appellate proceedings filed by Appellants David A. Cook and Doctor Jerry Dubberly in 14-11968 [ # 7296879-2 ] filed by Attorney Manoj S. Varghese for Appellees KVPBQ and Ther-Rx Corporation. (ECF: Manoj Varghese) [Entered: 10/27/2014 05:16 PM] |
| APPEARANCE of Counsel Form filed by Emmet J. Bondurant for Lumara Health, Inc. and Lumara Health Services, Ltd. (ECF: Emmet Bondurant) [Entered: 10/27/2014 10:15 AM] |
| MOTION to stay further appellate proceedings filed by David A. Cook and Doctor Jerry Dubberly. Motion is Opposed. [7296879-1] (ECF: Jason Naunas) [Entered: 10/15/2014 04:41 PM] |
| Assigned to tentative calendar number 9 in Atlanta during the week of January 12, 2015. Counsel must be logged into CM/ECF in order to view the attached calendar. [Entered: 10/01/2014 03:33 PM] |
| Additional copies of Appendix received from Jason Samuel Naunas for David A. Cook and Doctor Jerry Dubberly and forwarded to the record room. [Entered: 09/26/2014 01:33 PM] |
| Additional copies of Appendix received from Manoj S. Varghese for KVPBQ and Ther-Rx Corporation and forwarded to the record room. [Entered: 09/26/2014 01:35 PM] |
| The Court has determined that oral argument will be necessary in this case. Please forward 3 additional copies of the 1 volumes of Supplemental Appendix filed 8/21/14 by Attorney Manoj S. Varghese for Appellees KVPBQ and Ther-Rx Corporation to the Clerk's Office, Attention: Jenifer Tubbs. Your prompt attention to this matter is appreciated. [Entered: 09/23/2014 02:53 PM] |
| The Court has determined that oral argument will be necessary in this case. Please forward 3 additional copies of the 1 volumes of Appendix filed 7/8/14 by Attorney Jason Samuel Naunas for Appellants David A. Cook and Doctor Jerry Dubberly to the Clerk's Office, Attention: Jenifer Tubbs. Your prompt attention to this matter is appreciated. [Entered: 09/23/2014 02:52 PM] |
| MOTION MOOT: Motion to amend the style of this appeal is MOOT [ # 7246820-2 ] Notice filed with the U.S. District Court. Motion filed by Appellees KVPBQ and Ther-Rx Corporation. [Entered: 09/12/2014 12:21 PM] |
| Reply Brief filed by Appellants David A. Cook and Doctor Jerry Dubberly. (ECF: Jason Naunas) [Entered: 09/11/2014 05:12 PM] |
| Received paper copies of EBrief filed by Appellants David A. Cook and Doctor Jerry Dubberly. [Entered: 09/12/2014 12:25 PM] |
| Received paper copies of EAppendix filed by Appellee KVPBQ. 1 VOLUMES - 2 SETS [Entered: 08/26/2014 08:10 AM] |
| Supplemental Appendix [1 VOLUMES] filed by Appellees KVPBQ and Ther-Rx Corporation. (ECF: Manoj Varghese) [Entered: 08/21/2014 01:57 PM] |
| Over the phone extension granted by clerk. Updated Reply Brief. Due on 09/12/2014 as to Appellant Jerry Dubberly and Reese. [Entered: 08/20/2014 10:41 AM] |
| Received paper copies of EBrief filed by Appellees KVPBQ and Ther-Rx Corporation. [Entered: 08/21/2014 10:16 AM] |
| Appellee's Brief filed by Appellees KVPBQ and Ther-Rx Corporation. (ECF: Manoj Varghese) [Entered: 08/18/2014 05:01 PM] |
| MOTION to amend the style of this appeal filed by KVPBQ and Ther-Rx Corporation. Opposition to Motion is Unknown. [7246820-1] (ECF: Manoj Varghese) [Entered: 08/15/2014 04:26 PM] |
| Notice of deficient Notice to the Court filed by Manoj S. Varghese for KVPBQ and Ther-Rx Corporation. Incorrect Event used to file a document. This document requires filing as a Motion. [Entered: 08/14/2014 04:45 PM] |
| Appellees' Notice of Name Change filed by Attorney Manoj S. Varghese for Appellees KVPBQ and Ther-Rx Corporation. (ECF: Manoj Varghese) [Entered: 08/07/2014 04:16 PM] |
| Over the phone extension granted by clerk. Appellee's Brief due on 08/18/2014 as to Appellee K-V Pharmaceutical Company.. [Entered: 07/30/2014 09:42 AM] |
| Received paper copies of EBrief filed by Amicus Curiae AMGP Georgia Managed Care Company, Inc., Peach State Health Plan, Inc. and WellCare of Gerogia, Inc.. [Entered: 07/30/2014 11:49 AM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Jaime Theriot for Amici Curiae AMGP Georgia Managed Care Company, Inc., Peach State Health Plan, Inc., and WellCare of Georgia, Inc.. On the same day the CIP is served, the party filing it must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-2(b). (ECF: Jaime Theriot) [Entered: 07/14/2014 09:27 AM] |
| Amicus Brief as of right or by consent of the parties filed by Jaime Theriot for Amici Curiae AMGP Georgia Managed Care Company, Inc., Peach State Health Plan, Inc., and WellCare of Georgia, Inc. (ECF: Jaime Theriot) [Entered: 07/14/2014 09:14 AM] |
| APPEARANCE of Counsel Form filed by Jaime Theriot for Amici Curiae AMGP Georgia Managed Care Company, Inc., Peach State Health Plan, Inc., and WellCare of Georgia, Inc. (ECF: Jaime Theriot) [Entered: 07/14/2014 09:11 AM] |
| Received paper copies of EAppendix filed by Appellants David A. Cook and Doctor Jerry Dubberly. 1 VOLUMES - 2 SETS [Entered: 07/10/2014 10:31 AM] |
| Appendix filed [1 VOLUMES] by Appellants David A. Cook and Doctor Jerry Dubberly. (ECF: Jason Naunas) [Entered: 07/08/2014 04:07 PM] |
| Appellant's brief filed by David A. Cook and Doctor Jerry Dubberly. (ECF: Jason Naunas) [Entered: 07/07/2014 03:01 PM] |
| Received paper copies of EBrief filed by Appellants David A. Cook and Doctor Jerry Dubberly. [Entered: 07/08/2014 08:23 AM] |
| Court Reporter acknowledgment not filed. AMENDED TOF filed in USDC on 5/29/2014. [Entered: 06/30/2014 12:45 PM] |
| Briefing Notice issued to Appellants David A. Cook and Doctor Jerry Dubberly. The appellants brief is due on or before 07/08/2014. The appendix is due on or before 07/15/2014. [Entered: 06/03/2014 11:20 AM] |
| TRANSCRIPT INFORMATION FORM PROCESSED filed by Attorney Jason Samuel Naunas for Appellants David A. Cook and Doctor Jerry Dubberly. All necessary transcript(s) are on file. [Entered: 06/02/2014 02:26 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Margaret Donahue Hall for Appellees KVPBQ and Ther-Rx Corporation. On the same day the CIP is served, the party filing it must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/filing/cip.php or on the court's website. See 11th Cir. R. 26.1-2(b). (ECF: Margaret Hall) [Entered: 05/30/2014 03:25 PM] |
| TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney Jason Samuel Naunas for Appellants David A. Cook and Doctor Jerry Dubberly. All necessary transcript(s) are on file. (ECF: Jason Naunas) [Entered: 05/29/2014 02:13 PM] |
| Civil Appeal Statement filed by Attorney Jason Samuel Naunas for Appellants David A. Cook and Doctor Jerry Dubberly. (ECF: Jason Naunas) [Entered: 05/29/2014 02:18 PM] |
| USDC order: Motion to Substitute party as to Appellant David A. Cook was filed on 05/28/2014. Docket Entry 119. [Entered: 06/30/2014 04:35 PM] |
| E-filed Appearance of Counsel processed for Attorney Manoj Sachin Varghese for Appellee Ther-Rx Corporation in 14-11968. [Entered: 05/21/2014 09:25 AM] |
| E-filed Appearance of Counsel processed for Attorney John E. Floyd for Appellee Ther-Rx Corporation in 14-11968, Attorney John E. Floyd for Appellee K-V Pharmaceutical Company in 14-11968. [Entered: 05/21/2014 09:24 AM] |
| E-filed Appearance of Counsel processed for Attorney Drew William Marrocco for Appellee Ther-Rx Corporation in 14-11968, Attorney Drew William Marrocco for Appellee K-V Pharmaceutical Company in 14-11968. [Entered: 05/21/2014 09:27 AM] |
| E-filed Appearance of Counsel processed for Attorney Erin M. Shoudt for Appellee Ther-Rx Corporation in 14-11968, Attorney Erin M. Shoudt for Appellee K-V Pharmaceutical Company in 14-11968. [Entered: 05/21/2014 09:28 AM] |
| E-filed Appearance of Counsel processed for Attorney Margaret Donahue Hall for Appellee Ther-Rx Corporation in 14-11968, Attorney Margaret Donahue Hall for Appellee K-V Pharmaceutical Company in 14-11968. [Entered: 05/21/2014 10:11 AM] |
| APPEARANCE of Counsel Form filed by Manoj Sachin Varghese, Manoj Sachin Varghese for K-V Pharmaceutical Company and Ther-Rx Corporation. (ECF: John Floyd) [Entered: 05/20/2014 02:21 PM] |
| APPEARANCE of Counsel Form filed by Drew William Marrocco for K-V Pharmaceutical Company and Ther-Rx Corporation. (ECF: Drew Marrocco) [Entered: 05/20/2014 02:44 PM] |
| APPEARANCE of Counsel Form filed by John E. Floyd, K-V Pharmaceutical Company, THER-RX Corporation John E. Floyd for K-V Pharmaceutical Company and Ther-Rx Corporation. (ECF: John Floyd) [Entered: 05/20/2014 02:19 PM] |
| APPEARANCE of Counsel Form filed by Erin M. Shoudt for K-V Pharmaceutical Company and Ther-Rx Corporation. (ECF: Erin Shoudt) [Entered: 05/20/2014 02:47 PM] |
| APPEARANCE of Counsel Form filed by Margaret Donahue Hall for K-V Pharmaceutical Company and Ther-Rx Corporation. (ECF: Margaret Hall) [Entered: 05/20/2014 03:50 PM] |
| E-filed Appearance of Counsel processed for Attorney Jason Samuel Naunas for Appellant Jerry Dubberly in 14-11968, Attorney Jason Samuel Naunas for Appellant Clyde Reese, III in 14-11968. [Entered: 05/16/2014 10:37 AM] |
| TRANSCRIPT INFORMATION FORM PROCESSED. Transcript Order: Filer: Clyde Resse, III, et al, Court Reporter: Martha Frutchey, Proceeding Type and Date: Pre-Trial Proceedings 08/07/2012. [Entered: 05/16/2014 09:59 AM] |
| E-filed Appearance of Counsel processed for Attorney Michelle Townes for Appellant Jerry Dubberly in 14-11968, Attorney Michelle Townes for Appellant Clyde L. Reese, III in 14-11968. [Entered: 05/16/2014 10:37 AM] |
| Appellant's Certificate of Interested Persons and Corporate Disclosure Statement filed by Appellants David A. Cook and Doctor Jerry Dubberly. (ECF: Jason Naunas) [Entered: 05/16/2014 04:16 PM] |
| APPEARANCE of Counsel Form filed by Jason Samuel Naunas for David A. Cook and Doctor Jerry Dubberly. (ECF: Jason Naunas) [Entered: 05/15/2014 04:24 PM] |
| TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney Jason Samuel Naunas for Appellants David A. Cook and Doctor Jerry Dubberly. Transcript(s) ordered. (ECF: Jason Naunas) [Entered: 05/15/2014 04:26 PM] |
| APPEARANCE of Counsel Form filed by Michelle Townes for David A. Cook and Doctor Jerry Dubberly. (ECF: Michelle LeGrande) [Entered: 05/15/2014 04:28 PM] |
| CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellants David A. Cook and Doctor Jerry Dubberly on 05/01/2014. Fee Status: Fee Paid. [Entered: 05/15/2014 03:22 PM] |
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