Parks Pharmacy, Inc. et al v. Cardinal Health, Inc. et al (JOINT ASSIGN)(MAG2)
| Demetrius Yvonne Parks and Parks Pharmacy, Inc. |
| Cardinal Health 112, LLC, LeaderNET, Cardinal Health 110, LLC, Cardinal Health, Inc. and Leader Drug Stores, Inc. |
| 2:2017cv00503 |
| July 26, 2017 |
| US District Court for the Middle District of Alabama |
| Montgomery Office |
| Montgomery |
| David A Baker |
| Myron H Thompson |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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Filing 47
JUDGMENT: Pursuant to the joint stipulation of dismissal (doc. no. #46 ), it is the ORDER, JUDGMENT, and DECREE of the court that this cause is dismissed in its entirety with prejudice and with the parties to bear their own costs. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 7/24/2018. (Attachments: #1 Civil Appeals Checklist)( term: Final Pretrial Conference set for 03/07/2019;Jury Trial set for 04/15/2019)(furn: ag, calendar)(kh, )
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| Filing 46 JOINT STIPULATION to Dismiss with Prejudice by Cardinal Health 110, LLC, Cardinal Health 112, LLC, Leader Drug Stores, Inc., Demetrius Yvonne Parks, Parks Pharmcy, Inc. (Tucker, Robert) Modified on 7/23/2018 to include additional filers. (dmn, ) |
| Filing 45 JOINT STATUS REPORT Regarding Mediation by Cardinal Health 110, LLC, Cardinal Health 112, LLC, Leader Drug Stores, Inc., Parks Pharmacy, Inc., Demetrius Yvonne Parks. (Tucker, Robert) Modified on 6/29/2018 to include additional filers. (dmn, ) |
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Filing 44
ORDER: This matter is before the court on parties Joint Motion to Stay Proceedings Pending Mediation. (Doc. #43 ). Upon consideration, the motion is GRANTED and it is ORDERED that proceedings in this matter are stayed until June 29, 2018. The parties are further ordered to file a joint status report not later than July 2, 2018. Signed by Honorable Judge David A. Baker on 5/31/2018. (dmn, )
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| Filing 43 Joint MOTION to Stay Proceedings Pending Mediation by Cardinal Health 110, LLC, Cardinal Health 112, LLC, Leader Drug Stores, Inc., Parks Pharmacy, Inc., Demetrius Yvonne Parks. (Attachments: #1 Text of Proposed Order)(Tucker, Robert) Modified on 5/31/2018 to include additional filers. (dmn, ) |
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Filing 42
OPINION AND ORDER: It is ORDERED as follows: (1) Defendants' objections (doc. no. #41 ) are overruled as further set out in the order. (2) The recommendation of the United States Magistrate Judge (doc. no. #39 ) is adopted. (3) The motion for judgment on the pleadings (doc. no. #22 ) is denied. It is further ORDERED that this case is referred back to the magistrate judge for further proceedings. Signed by Honorable Judge Myron H. Thompson on 2/28/2018. (dmn, )
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| Filing 41 Objection to re #39 REPORT AND RECOMMENDATIONS re #22 MOTION for Judgment on the Pleadings filed by Leader Drug Stores, Inc., Cardinal Health 110, LLC, Cardinal Health 112, LLC [Defendants' Objections to the Magistrate Judge's Report and Recommendation on Their Motion for Judgment on the Pleadings] filed by Cardinal Health 110, LLC, Cardinal Health 112, LLC, Leader Drug Stores, Inc.. (Tucker, Robert) |
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Filing 40
ORDER denying #25 Motion to Stay in light of the undersigned Magistrate Judge's #39 recommendation that the motion for judgment on the pleadings be denied; ORDER granting in part #26 Motion to Conduct Discovery and Motion to Require Dfts to Reinstate Redacted Parts of Agreements Attached to Motion on the Pleadings to the extent that Plfs may proceed forward with discovery as outlined in the court's #37 Scheduling Order and as permitted under the FRCP; ORDER denying as moot #38 Motion for Clarification. Signed by Honorable Judge David A. Baker on 1/30/2018. (alm, )
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| Filing 39 REPORT AND RECOMMENDATION: it is the RECOMMENDATION of the Magistrate Judge that Dfts' #22 Motion for Judgment on the Pleadings is due to be DENIED; Objections to R&R due by 2/13/2018. Signed by Honorable Judge David A. Baker on 1/30/2018. (alm, ) |
| Filing 38 MOTION for Clarification re concerning the effect of the #37 Uniform Scheduling Order on #25 Motion to Stay Proceedings by Cardinal Health 110, LLC, Cardinal Health 112, LLC, Leader Drug Stores, Inc. (Chapman, Trischa) Modified on 1/19/2018 to create links. (dmn, ) |
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Filing 37
UNIFORM SCHEDULING ORDER: Final Pretrial Conference set for 3/7/2019 10:00 AM, in CR 2FMJ, before Honorable Judge Myron H. Thompson; Jury Trial set for 4/15/2019, in Montgomery, Alabama, before Honorable Judge Myron H. Thompson; Dispositive Motions due by 8/31/2018; Mediation Notice due by 8/1/2018; Amended Pleadings due by 2/2/2018; Discovery due by 7/27/2018, as further set out in order. Signed by Honorable Judge David A. Baker on 1/3/2018. (furn: calendar, ag)(kh, )
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| Case reassigned to Honorable Judge David A. Baker. Honorable Judge Susan Russ Walker no longer assigned to the case as referral judge (NO PDF Document attached to this notice). (djy, ) |
| Case reassigned to Honorable Judge Susan Russ Walker. Honorable Judge Terry F. Moorer no longer assigned to the case. (dmn, ) (NO PDF) |
| MOTIONS REFERRED: #25 MOTION, #22 MOTION, #22 MOTION referred to Judge Susan Russ Walker, due to case reassignment. (dmn, ) (NO PDF) |
| Filing 36 RESPONSE in Support re #25 MOTION to Stay Proceedings filed by Demetrius Yvonne Parks, Parks Pharmacy, Inc.. (McPhillips, Julian) |
| Filing 35 RESPONSE in Support re #25 MOTION to Stay Proceedings filed by Cardinal Health 110, LLC, Cardinal Health 112, LLC, Leader Drug Stores, Inc.. (Chapman, Trischa) |
| Filing 34 RESPONSE in Opposition re #25 MOTION to Stay Proceedings filed by Demetrius Yvonne Parks, Parks Pharmacy, Inc.. (Finney, Tanika) |
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Filing 33
ORDER REFERRING CASE directing that, pursuant to 28 U.S.C. 636, this case is referred to the United States Magistrate Judge for consideration and disposition or recommendation on all pretrial matters as may be appropriate. Signed by Honorable Judge Myron H. Thompson on 10/17/17. (djy, )
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| Filing 32 Case reassigned to Honorable Judge Myron H. Thompson. Honorable Judge Terry F. Moorer no longer assigned to the case as presiding judge. (dmn, ) |
| Motions No Longer Referred due to case reassignment: #25 MOTION to Stay Proceedings, MOTION for Discovery MOTION to Require Defendants to Reinstate Redacted Parts of Agreements Attached to Motion on the Pleadings (as Initial Response to Defendant's Motion for Judgment on the Pleadings) re #22 MOTION for Judgment on the Pleadings , #22 MOTION for Judgment on the Pleadings. (dmn, ) (NO PDF) |
| Filing 31 Corporate/Conflict Disclosure Statement by Cardinal Health 110, LLC. (Chapman, Trischa) |
| Filing 30 Corporate/Conflict Disclosure Statement by Cardinal Health 112, LLC. (Chapman, Trischa) |
| Filing 29 Corporate/Conflict Disclosure Statement by Leader Drug Stores, Inc.. (Chapman, Trischa) |
| Filing 28 REPORT of Rule 26(f) Planning Meeting. (Tucker, Robert) |
| Filing 27 RESPONSE in Opposition to Plaintiffs' #26 Motion to Conduct Discovery and to Require Defendants to Reinstate Redacted Parts of Agreements, by Cardinal Health 110, LLC, Cardinal Health 112, LLC, Leader Drug Stores, Inc. (Tucker, Robert) Modified on 10/11/2017 to clean up text. (dmn, ) |
| MOTION to Conduct Discovery, and MOTION to Require Defendants to Reinstate Redacted Parts of Agreements Attached to #22 Motion on the Pleadings (as Initial Response to Defendant's Motion for Judgment on the Pleadings) by Demetrius Yvonne Parks, Parks Pharmacy, Inc. (dmn, ) (NO PDF, see Doc. #26 for pdf.) |
| Filing 26 RESPONSE to Motion re #22 MOTION for Judgment on the Pleadings filed by Parks Pharmacy, Inc.. (Attachments: #1 Exhibit C & D Exhibit Documents)(McPhillips, Julian) |
| Filing 25 MOTION to Stay Proceedings by Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc.. (Chapman, Trischa) |
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Filing 24
ORDER: Pending before the Court is Defendants' #22 Motion for Judgment on the Pleadings and #23 Brief in Support. It is hereby ORDERED that Plaintiffs file their response(s) and evidentiary materials on or before 10/31/2017. Defendants may file a reply brief no later than 5 business days from the Plaintiffs' response(s). The motion shall be considered fully submitted at that time without oral argument unless otherwise determined by the court. The parties are further advised that they are required to submit a paper courtesy copy of briefs and supporting evidence to the Chambers of the undersigned. For those submissions (including briefs and evidentiary materials) that exceed thirty (30) pages, the courtesy copy shall be bound in a three-ring binder and tabbed. Signed by Honorable Judge Terry F. Moorer on 10/3/2017. (dmn, )
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| Filing 23 BRIEF/MEMORANDUM in Support re #22 MOTION for Judgment on the Pleadings filed by Cardinal Health 110, LLC, Cardinal Health 112, LLC, Leader Drug Stores, Inc.. (Attachments: #1 Exhibit 1 - REDACTED PVA Signed June 2016, #2 Exhibit 2 - REDACTED AAP Member Certification Agreement, #3 Exhibit 3 - LNET Terms and conditions, #4 Exhibit 4 - Alabama Board of Pharmacy Final Order, #5 Exhibit 5 - Court of Appeals Order 6-9-2017)(Chapman, Trischa) |
| Filing 22 MOTION for Judgment on the Pleadings by Cardinal Health 110, LLC, Cardinal Health 112, LLC, Leader Drug Stores, Inc.. (Chapman, Trischa) |
| Filing 21 AMENDED NOTICE OF REMOVAL by Cardinal Health 110, LLC, Cardinal Health 112, LLC, Leader Drug Stores, Inc. (Attachments: #1 Exhibit A - Declaration of Todd Cameron)(Chapman, Trischa) Modified on 10/5/2017 to clean up text; wrong event code selected when originally filed. (dmn, ) |
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Filing 20
RULE 26(f) ORDER directing the parties to file the Rule 26(f) report containing the proposed discovery plan as further set out in the order. Rule 26 Meeting Report due by 10/13/2017. Counsel for the parties are DIRECTED to complete the appropriate attached form so that the form is received by the Clerk of Court on or before 10/13/2017 as further set out in the order. Signed by Honorable Judge Terry F. Moorer on 9/18/2017. (dmn, )
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Filing 19
ORDER: Defendant must amend its #2 Notice of removal to reflect the citizenship(s) of each entity based on the nature of that entity as further set out in the order. The amended notice of removal shall be due on or before 10/3/2017. Failure to do so may result in remand. Signed by Honorable Judge Terry F. Moorer on 9/18/2017. (dmn, )
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| Filing 18 ANSWER to Complaint by Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc..(Redmond, Wesley) |
| ***Attorney Robert J. Tucker, and Trischa Snyder Chapman added PHV (per instruction of chambers) for Cardinal Health 110, LLC, Cardinal Health 112, LLC, and Leader Drug Stores, Inc. (dmn, )(NO PDF) |
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Filing 17
ORDER: Pending before the Court are the #10 Motion for Admission Pro Hac Vice of Robert J. Tucker and #11 Motion for Admission Pro Hac Vice of Trischa S. Chapman. Having reviewed the certificates of good standing and upon receipt of the filing fees, it is hereby ORDERED that the motions are GRANTED. Signed by Honorable Judge Terry F. Moorer on 9/14/2017. (dmn, )
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Filing 16
TEXT ORDER: the #14 Second Unopposed Motion for an Extension of Time to Move or Plead in Response to Plfs' Complaint is GRANTED as per the earlier text order sent this same date. Signed by Honorable Judge Terry F. Moorer on 9/1/2017. (No pdf attached to this entry) (wcl, )
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| Filing 15 AMENDED COMPLAINT against Cardinal Health 110, LLC, Cardinal Health 112, LLC, Leader Drug Stores, Inc., filed by Parks Pharmacy, Inc., Demetrius Yvonne Parks.(Finney, Tanika) |
| Filing 14 Second MOTION for Extension of Time to File Answer re Complaint to Move or Plead in Response to Plaintiffs' Complaint by Cardinal Health, Inc.. (Redmond, Wesley) |
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Filing 13
TEXT ORDER: Plaintiff's #12 Motion to Amend Complaint is GRANTED. Defendant is granted leave to forgo a response to the original complaint and to instead respond to the Amended Complaint once officially filed. Signed by Honorable Judge Terry F. Moorer on 9/1/2017. (dmn, ) (NO PDF)
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| MOTION to Amend Complaint by Demetrius Yvonne Parks, Parks Pharmacy, Inc. (dmn, ) (NO PDF, see Doc. #12 for pdf. The wrong event code was selected when originally filed.) |
| Filing 12 [SEE CORRECT DOCKET ENTRY, DOCUMENT #15 .] AMENDMENT TO COMPLAINT against All Defendants, filed by Parks Pharmacy, Inc., Demetrius Yvonne Parks. (Attachments: #1 Exhibit Email Consent, #2 Exhibit Complaint)(Finney, Tanika) Modified on 9/5/2017. (dmn, ) |
| Filing 11 Motion for Trischa Snyder Chapman to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602046486.) by Cardinal Health, Inc. (Attachments: #1 Certificate of Good Standing, #2 Pro Hac Vice Filing Fee Receipt)(dmn, ) |
| Filing 10 Motion for Robert J. Tucker to Appear Pro Hac Vice ( Filing fee $ 50.00 receipt number 4602046487.) by Cardinal Health, Inc. (Attachments: #1 Certificate of Good Standing, #2 Pro Hac Vice Filing Fee Receipt)(dmn, ) |
| Filing 9 Corporate/Conflict Disclosure Statement by , Parks Pharmacy #4. (Finney, Tanika) Modified on 8/22/2017 to remove Demetrius Yvonne Parks as a filer; selected in error when filed. (dmn, ) |
| Filing 8 Corporate/Conflict Disclosure Statement by Parks Pharmacy #3. (Finney, Tanika) Modified on 8/22/2017 to remove Demetrius Yvonne Parks as a filer and reflect actual filer. (dmn, ) |
| Filing 7 Corporate/Conflict Disclosure Statement by Parks Pharmacy, Inc. (Finney, Tanika) Modified on 8/22/2017 to remove Demetrius Yvonne Parks as a filer; selected in error. (dmn, ) |
| Filing 6 Corporate/Conflict Disclosure Statement by Demetrius Yvonne Parks. (Finney, Tanika) Modified on 8/22/2017 to remove Parks Pharmacy, Inc. as a filer; selected in error when filed. (dmn, ) |
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Filing 5
TEXT ORDER granting #1 Motion for Extension of Time to Answer. Defendant's responsive pleading shall be due on or before 9/1/2017. Signed by Honorable Judge Terry F. Moorer on 7/31/2017. (dmn, ) (NO PDF)
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| Filing 4 NOTICE of Assignment to Magistrate Judge sent to counsel for ALL PARTIES, Cardinal Health, Inc., LeaderNET, Demetrius Yvonne Parks, Parks Pharmacy, Inc. (dmn, ) |
| Filing 1 MOTION for Extension of Time to File Answer Defendant Cardinal Health, Inc.'s UNOPPOSED Motion for Extension of Time to Move or Plead in Response to Plaintiffs' Complaint by Cardinal Health, Inc. (Redmond, Wesley) (dmn, ) |
| Filing 3 Corporate/Conflict Disclosure Statement by Cardinal Health, Inc. (dmn, ) Modified on 7/31/2017 to correct file date. (dmn, ) |
| Filing 2 NOTICE OF REMOVAL by Cardinal Health, Inc. from Circuit Court of Montgomery County, Alabama, case number 03-cv-17-900945. ( Filing fee $ 400.00 receipt number 4602046195) (Attachments: #1 Exhibit A, #2 Exhibit 1, #3 Exhibit B, #4 Exhibit C, Entire State Court Record, #5 State Court Complaint, #6 Filing Fee Receipt)(dmn, ) |
| COMPLAINT against Cardinal Health, Inc., LeaderNET, filed by Parks Pharmacy, Inc., Demetrius Yvonne Parks.(dmn, ) (NO PDF, see Doc. #2 .) |
| DEMAND for Trial by Jury by Demetrius Yvonne Parks, Parks Pharmacy, Inc. (dmn, ) (NO PDF, see Doc. #2 .) |
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