Kroger Specialty Pharmacy LA, LLC v. Genefic Specialty Pharmacy, Inc. et al
| Kroger Specialty Pharmacy LA, LLC |
| Genefic Specialty Pharmacy, Inc. and Lamonde Russell |
| 2:2023cv01616 |
| November 30, 2023 |
| US District Court for the Northern District of Alabama |
| Madeline Hughes Haikala |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| Defendant |
Docket Report
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This docket was last retrieved on January 25, 2024. A more recent docket listing may be available from PACER.
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Filing 30
HIPAA QUALIFIED PROTECTIVE ORDER. Signed by Judge Madeline Hughes Haikala on 1/25/2024. (DNW)
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| Filing 29 Unopposed MOTION for Leave to File Excess Pages in Connection with Preliminary Injunction Briefing by Genefic Specialty Pharmacy, Inc., Lamonde Russell. (Attachments: #1 Text of Proposed Order Proposed Order)(Crowell, Daniel) |
| Filing 28 Joint MOTION for Hipaa Order by Genefic Specialty Pharmacy, Inc., Lamonde Russell. (Attachments: #1 Text of Proposed Order HIPAA Qualified Protective Order)(Crowell, Daniel) |
| Minute Entry for proceedings held before Judge Madeline Hughes Haikala: Telephone Conference held on 1/25/2024. (Court Reporter Leah Turner) (CDT) |
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Filing 27
TEXT ORDER: By email the parties notified the Court that they have encountered discovery disputes that require the Court's assistance to resolve. The Court sets this matter for a telephone conference on Thursday, January 25, 2024 at 3:00 pm CT. The attorneys for the parties shall please dial 1-205-931-0422 and enter access code 104 998 757# to participate in the telephone conference. Signed by Judge Madeline Hughes Haikala on 1/23/2024. (DNW)
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Filing 26
CONFIDENTIALITY ORDER. Signed by Judge Madeline Hughes Haikala on 1/3/2024. (DNW)
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Filing 25
HAIKALA CHAMBERS INITIAL ORDER. Signed by Judge Madeline Hughes Haikala on 1/3/2024. (DNW)
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Filing 24
ORDER FOR EXPEDITED DISCOVERY, BRIEFING SCHEDULE & PRELIMINARY INJUNCTION HEARING: To allow the parties to prepare for a preliminary injunction hearing in this matter, (Doc. 18), the Court sets the following deadlines within. Signed by Judge Madeline Hughes Haikala on 1/2/2024. (DNW)
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| Filing 23 ANSWER to #1 Complaint with Jury Demand by Genefic Specialty Pharmacy, Inc., Lamonde Russell.(Crowell, Daniel) |
| Filing 22 Joint MOTION Enter Agreed Confidentiality Order by Kroger Specialty Pharmacy LA, LLC. (Attachments: #1 Text of Proposed Order)(Palmer, Lynlee) |
| Filing 21 Joint MOTION to Expedite Discovery by Kroger Specialty Pharmacy LA, LLC. (Attachments: #1 Text of Proposed Order Proposed Order for Expedited Discovery, Briefing Schedule and Preliminary Injunction Hearing)(Palmer, Lynlee) |
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Filing 20
TEXT ORDER: The Court GRANTS #19 MOTION for Leave to Appear Pro Hac Vice. Attorney Daniel Crowell is admitted as counsel for defendants. Signed by Judge Madeline Hughes Haikala on 12/21/2023. (RMM)
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| Filing 19 MOTION for Leave to Appear Pro Hac Vice by Genefic Specialty Pharmacy, Inc., Lamonde Russell. (Attachments: #1 Exhibit Certificate of Good Standing of Daniel Crowell)(Stovall, Stephen) |
| PHV Fee paid: $ 75, receipt number AALNDC-4494678 (B-9201). (Stovall, Stephen) Modified on 12/21/2023 (DNW). |
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Filing 18
TEXT ORDER: The Court sets this matter for a preliminary injunction hearing on Tuesday, February 6, 2024 at 11:00 AM CT in CR 7B of the Hugo L. Black US Courthouse, Birmingham, AL before Judge Madeline Hughes Haikala. Signed by Judge Madeline Hughes Haikala on 12/20/2023. (DNW)
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Filing 17
ORDER finding as moot #3 Motion for TRO. Per Document 15, this motion is moot. Signed by Judge Madeline Hughes Haikala on December 19, 2023. (Haikala, Madeline)
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Filing 16
ORDER finding as moot #2 Motion for TRO, Per Document 15, this motion is moot. Signed by Judge Madeline Hughes Haikala on December 19, 2023. (Haikala, Madeline)
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| Filing 15 NOTICE by Kroger Specialty Pharmacy LA, LLC of Withdrawal of Motion for Temporary Restraining Order (Palmer, Lynlee) |
| Filing 14 SUMMONS Returned Executed Genefic Specialty Pharmacy, Inc. served on 12/11/2023, answer due 1/1/2024. (DNW) |
| Filing 13 NOTICE of Appearance by Stephen Craig Stovall on behalf of All Defendants (Stovall, Stephen) |
| Filing 12 SUMMONS Returned Executed by Kroger Specialty Pharmacy LA, LLC. Lamonde Russell served on 12/4/2023, answer due 12/25/2023. (Palmer, Lynlee) |
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Filing 11
TEXT ORDER: The Court GRANTS #7 MOTION for Leave to Appear Pro Hac Vice. Attorney Blythe C. McGregor is admitted as counsel for Plaintiff. Signed by Judge Madeline Hughes Haikala on 12/5/2023. (RMM)
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Filing 10
TEXT ORDER: The Court GRANTS #6 MOTION for Leave to Appear Pro Hac Vice. Attorney Robert D. Shank is admitted as counsel for Plaintiff. Signed by Judge Madeline Hughes Haikala on 12/5/2023. (RMM)
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Filing 9
TEXT ORDER: The Court has reviewed Kroger Specialty Pharmacy LA, LLCs Citizenship Statement, (Doc. #5 ) and is satisfied that the Court has jurisdiction over the subject matter of this action under 28 U.S.C. 1332. Therefore, the Court may consider Kroger's request for a temporary restraining order, (Docs. #2 , #3 ). Kroger shall please notify the Court by email (haikala_chambers@alnd.uscourts.gov) whether Kroger requests a telephone conference regarding its motion for a TRO before the defendants are served. Signed by Judge Madeline Hughes Haikala on 12/5/2023. (DNW)
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| Filing 8 Summons Issued as to Genefic Specialty Pharmacy, Inc., Lamonde Russell. Returned to plaintiff for service. (DNW) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice by Kroger Specialty Pharmacy LA, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Palmer, Lynlee) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice by Kroger Specialty Pharmacy LA, LLC. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Palmer, Lynlee) |
| Filing 5 NOTICE by Kroger Specialty Pharmacy LA, LLC re 4 Order,,,,, of Plaintiff's Citizenship Statement (Palmer, Lynlee) |
| PHV Fee paid: $ 75, receipt number AALNDC-4481289 (B-8818). (Palmer, Lynlee) Modified on 12/4/2023 (DNW). |
| PHV Fee paid: $ 75, receipt number AALNDC-4481282 (B-8817). (Palmer, Lynlee) Modified on 12/4/2023 (DNW). |
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Filing 4
ORDER. Kroger alleges that is a limited liability company. Kroger has not alleged its citizenship properly, so the Court cannot evaluate subject matter jurisdiction under 28 U.S.C. 1332. See Rolling Greens, MHP, L.P. v. Comcast SCH Holdings, LLC, 374 F.3d 1020, 1021 (11th Cir. 2004); McWhorter v. TransUnion, LLC, 1:21-cv-1753-SDG-LTW, 2021 WL 8268164, *4 (N.D. Ga. Aug. 16, 2021) (explaining that to determine the citizenship of an LLC, a court must examine "not only [the] identity [of the LLC's] members and their respective citizenship, but... also trace the citizenship of any member that is [an LLC] through however many layers of members or partners there may be") (internal quotations and citations omitted); Thornhill v. Alexandria Mall Co., No. 07-0064, 2009 WL 1664026, at *2 (W.D. La. June 8, 2009) ("For each member of an LLC or partnership, its members and their citizenship must be identified and traced up the chain of ownership until one reaches only individuals and/or corporations because only natural persons and corporations have a legal existence, for diversity purposes, that is not dependent on the citizenship of their constituent members.") (internal quotations omitted). Kroger shall please file either an amended complaint or a statement of its citizenship to allow the Court to evaluate federal subject matter jurisdiction for this case. Signed by Judge Madeline Hughes Haikala on November 30, 2023. (Haikala, Madeline)
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| Filing 3 Supplemental MOTION for Temporary Restraining Order [Doc. 2] - Memorandum of Law in Support by Kroger Specialty Pharmacy LA, LLC. (Attachments: #1 Exhibit A - Russell Agreement, #2 Exhibit B - Genefic Web Site Printout)(Palmer, Lynlee) |
| Filing 2 MOTION for Temporary Restraining Order by Kroger Specialty Pharmacy LA, LLC. (Attachments: #1 Affidavit Exhibit 1 - Affidavit of J. Richardson)(Palmer, Lynlee) |
| Filing 1 COMPLAINT FOR TEMPORARY RESTRAINING ORDER, INJUNCTIVE RELIEF, AND DAMAGES against Genefic Specialty Pharmacy, Inc., Lamonde Russell, filed by Kroger Specialty Pharmacy LA, LLC. (Attachments: #1 exh. a)(DNW) |
| Filing Fee: Filing fee $ 402, receipt_number AALNDC-4479707 (B-8793). related document #1 COMPLAINT FOR TEMPORARY RESTRAINING ORDER, INJUNCTIVE RELIEF, AND DAMAGES against Genefic Specialty Pharmacy, Inc., Lamonde Russell, filed by Kroger Specialty Pharmacy LA, LLC. (Attachments: # 1 exh. a)(DNW). (Palmer, Lynlee) |
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