Bernie's Pharmacy, Inc. v. AmerisourceBergen Drug Corporation
Plaintiff: Bernie's Pharmacy, Inc.
Defendant: AmerisourceBergen Drug Corporation
Case Number: 3:2018cv00183
Filed: August 8, 2018
Court: US District Court for the District of Alaska
Office: Anchorage Office
County: Anchorage
Presiding Judge: Timothy M Burgess
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 28, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 28, 2018 Filing 62 MOTION to Dismiss by AmerisourceBergen Drug Corporation. (Attachments: #1 Exhibit A Declaration of David May)(Jamieson, Brewster)
September 17, 2018 Filing 61 NOTICE of Intent to Request Redaction by Brewster H. Jamieson re #59 Transcript,,, (Jamieson, Brewster)
September 14, 2018 Filing 60 NOTICE of Intent to Request Redaction by Kevin M. Cuddy re #59 Transcript,,, (Cuddy, Kevin)
September 10, 2018 Filing 59 TRANSCRIPT of Proceedings; Hearing on Motion for Temporary Restraining Order (DKT 3) held on August 21, 2018, before Judge Timothy M. Burgess. Realtime Court Reporter: R. Joy Stancel. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy by calling Realtime Court Reporter, R. Joy Stancel 907-677-6104. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 12/10/2018. (RJS, )
September 7, 2018 Filing 58 STATUS REPORT Regarding Next Steps in the Case by Bernie's Pharmacy, Inc.. (Cuddy, Kevin)
August 30, 2018 Filing 57 AFFIDAVIT of Service for Complaint and Summons served on Brewster H. Jamieson on 08/24/18, filed by Bernie's Pharmacy, Inc.. (Attachments: #1 Exhibit 1)(Cuddy, Kevin)
August 27, 2018 Filing 52 TRANSCRIPT REQUEST by AmerisourceBergen Drug Corporation. (Jamieson, Brewster)
August 24, 2018 Opinion or Order Filing 51 ORDER Granting in part and Denying in part as moot #3 Motion for TRO. Signed by Judge Timothy M. Burgess on 8/24/18. (SRL, )
August 24, 2018 Filing 50 RESPONSE in Opposition re #46 MOTION to Seal EXHIBITS AND RELATED TESTIMONY filed by AmerisourceBergen Drug Corporation. (Jamieson, Brewster)
August 24, 2018 Filing 49 DECLARATION of David May re #48 MOTION to Seal Certain Exhibits Unopposed by AmerisourceBergen Drug Corporation. (Jamieson, Brewster)
August 24, 2018 Filing 48 MOTION to Seal Certain Exhibits Unopposed by AmerisourceBergen Drug Corporation. (Attachments: #1 Proposed Order)(Jamieson, Brewster)
August 24, 2018 Filing 47 DECLARATION of JAMES MANNERS IN SUPPORT OF MOTION TO SEAL re #46 MOTION to Seal EXHIBITS AND RELATED TESTIMONY by Bernie's Pharmacy, Inc.. (Cuddy, Kevin)
August 24, 2018 Filing 46 MOTION to Seal EXHIBITS AND RELATED TESTIMONY by Bernie's Pharmacy, Inc.. (Attachments: #1 Proposed Order)(Cuddy, Kevin)
August 23, 2018 Opinion or Order Filing 45 ORDER: The Court directs the parties to file motions concerning any documents including exhibits used at the hearing that they wish to seal, addressing the applicable standard, any relevant facts, and whether these documents could be redacted rather than sealed. In the absence of any such motions, the Court will unseal all documents currently under seal at 12:00 PM on 8/24/2018. Signed by the Honorable Timothy M. Burgess, United States District Judge on August 23, 2018. (NMG, CHAMBERS STAFF).
August 23, 2018 Filing 44 Minute Entry for proceedings held before Judge Timothy M. Burgess: Status Conference held 11:01 AM to 11:12 AM on 8/23/2018. Court and counsel heard re sealed documents re hearing held August 21, 2018. Court read proposed Order re sealed exhibits. Counsel shall either file a joint motion or individual motions by noon August 24, 2018. If the Court does not receive any filings all sealed documents will be unsealed. (RMC, COURT STAFF)
August 23, 2018 Filing 43 TMB TEXT ORDER: The Court hereby sets a status conference for 8/23/2018 at 11:00 AM in Anchorage Courtroom 1 before Timothy M. Burgess. The parties may appear telephonically by calling 1-888-278-0296, Access Code 9623794, from a landline telephone five minutes prior to the hearing start time.(RMC, COURT STAFF)
August 21, 2018 Filing 56 Exhibit List Defendant by AmerisourceBergen Drug Corporation.. (ACW, COURT STAFF)
August 21, 2018 Filing 55 Exhibit List Plaintiff by Bernie's Pharmacy, Inc. (ACW, COURT STAFF)
August 21, 2018 Filing 54 Witness List (ACW, COURT STAFF) (Main Document 54 replaced on 8/29/2018) (BJK, COURT STAFF).
August 21, 2018 Filing 53 Minute Entry for proceedings held before Judge Timothy M. Burgess: Motion for Temporary Restraining Order #3 held on 8/21/2018. Witnesses sworn and testified. Exhibits admitted. Arguments heard. Court and counsel heard re Plaintiff's Oral Motion to seal admitted confidential exhibits; GRANTED. (ACW, COURT STAFF)
August 17, 2018 Filing 42 Witness List by AmerisourceBergen Drug Corporation. (Jamieson, Brewster)
August 17, 2018 Filing 41 Exhibit List -Supplemental by Bernie's Pharmacy, Inc... (Cuddy, Kevin)
August 17, 2018 Filing 40 Exhibit List for Hearing on August 21, 2018 by AmerisourceBergen Drug Corporation.. (Jamieson, Brewster)
August 17, 2018 Filing 39 Notice of Intent to use the Court's Digital Evidence Presentation System (DEPS) for hearing/trial scheduled to begin August 21, 2018 by Bernie's Pharmacy, Inc. (Cuddy, Kevin)
August 17, 2018 Filing 38 Notice of Intent to use the Court's Digital Evidence Presentation System (DEPS) for hearing/trial scheduled to begin 08/21/2018 by AmerisourceBergen Drug Corporation (Jamieson, Brewster)
August 17, 2018 Filing 37 CLERK'S NOTICE re #36 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Joseph J. Mahady, at docket #36 , is authorized under D.Ak. LR 83.1(d). (RMC, COURT STAFF)
August 17, 2018 Filing 36 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Joseph J. Mahady. ( Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2565079.) by AmerisourceBergen Drug Corporation. (Attachments: #1 Certificate of Good Standing)(Mahady, Joseph)
August 16, 2018 Filing 35 Witness List by Bernie's Pharmacy, Inc.. (Cuddy, Kevin)
August 16, 2018 Filing 34 Exhibit List for Aug. 21, 2018 Hearing by Bernie's Pharmacy, Inc... (Cuddy, Kevin)
August 16, 2018 Filing 33 DECLARATION of JAMES MANNERS re #31 Reply to Response to Motion by Bernie's Pharmacy, Inc.. (Attachments: #1 Exhibit 1)(Tucker, S)
August 16, 2018 Filing 32 AFFIDAVIT of LEON CHANDLER, M.D. re #31 Reply to Response to Motion by Bernie's Pharmacy, Inc.. (Tucker, S)
August 16, 2018 Filing 31 REPLY to Response to Motion re #3 MOTION for Temporary Restraining Order on Shortened Time filed by Bernie's Pharmacy, Inc.. (Attachments: #1 Exhibit 1)(Tucker, S)
August 16, 2018 Filing 30 CLERK'S NOTICE re #16 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Shannon E. McClure, at docket #16 , is authorized under D.Ak. LR 83.1(d). (RMC, COURT STAFF)
August 15, 2018 Filing 29 NOTICE RE EXHIBIT 1 TO COMPLAINT (DKT. 1-1) by Bernie's Pharmacy, Inc. re #1 Complaint, (Attachments: #1 Exhibit 1)(Cuddy, Kevin)
August 14, 2018 Filing 28 DECLARATION of David May re #27 Response in Opposition to Motion by AmerisourceBergen Drug Corporation. (Jamieson, Brewster)
August 14, 2018 Filing 27 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order on Shortened Time filed by AmerisourceBergen Drug Corporation. (Jamieson, Brewster)
August 14, 2018 Filing 26 Receipt of 150.00 non-resident attorney payment for Shannon E. McClure as to Defendant AmerisourceBergen Drug Corporation. re #16 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Shannon E. McClure (PXS, COURT STAFF)
August 13, 2018 Filing 25 ADDITIONAL RELATED DOCUMENT by AmerisourceBergen Drug Corporation re #16 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Shannon E. McClure. (McClure, Shannon)
August 10, 2018 Filing 24 NOTICE of Appearance by Kevin M. Cuddy on behalf of Bernie's Pharmacy, Inc. (Cuddy, Kevin)
August 10, 2018 Opinion or Order Filing 23 ORDER granting in part and denying in part #6 Motion. Response due 8/14/18, reply due 8/16/18 re #3 Motion for a temporary restraining order. Hearing set for 8/21/2018 at 9:00 AM. Signed by Judge Timothy M. Burgess on 8/10/18. (RMC, COURT STAFF) (Main Document 23 replaced on 8/10/2018) (RMC, COURT STAFF).
August 10, 2018 Filing 22 CLERK'S NOTICE re #18 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Anthony J. Calamunci, at docket #18 , is authorized under D.Ak. LR 83.1(d). (RMC, COURT STAFF)
August 10, 2018 Filing 21 Minute Entry for proceedings held before Judge Timothy M. Burgess: Status Conference held 9:02 AM to 9:36 AM on 8/10/2018. Court and counsel heard re #3 Motion for Temporary Restraining Order. Defendant will no longer supply plaintiff with controlled substances after 8/17/2018. Counsel for defendant to notify the Court by close of business today whether AmerisourceBergen Drug Corp. will extend the deadline. Court to issue schedule depending on their answer. APPEARANCES: S. Lane Tucker for plf; Kevin Cuddy for plf; Anthony Calamunci, telephonic for plf; Brewster H. Jamieson, telephonic for def; Hans Nicholas Huggler, telephonic for def; Shannon E. McClure, telephonic for def; R. Joy Stancel, Official Court Reporter. (RMC, COURT STAFF)
August 9, 2018 Filing 20 Unissued summons re Defendant AmerisourceBergen Drug Corporation, (PXS, COURT STAFF)
August 9, 2018 Filing 19 REPLY to Response to Motion re #6 MOTION re #5 Memorandum, #3 MOTION for Temporary Restraining Order on Shortened Time, #4 Declaration on Shortened Time filed by Bernie's Pharmacy, Inc.. (Tucker, S)
August 9, 2018 Filing 18 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Anthony J. Calamunci. ( Pro Hac Vice Admission fee $150.00 paid. Receipt number 097--2561319.) by Bernie's Pharmacy, Inc..(Tucker, S)
August 9, 2018 Filing 17 TMB TEXT ORDER SETTING HEARING: A Status Conference is hereby SET for 8/10/2018 at 9:00 AM AKDT in Anchorage Courtroom 1 before Judge Timothy M. Burgess. Parties wishing to appear telephonically are directed to call 1-888-278-0296, Access Code: 9623794, five minutes prior to the hearing start time. (JDS, CHAMBERS STAFF)
August 9, 2018 Filing 16 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Shannon E. McClure by AmerisourceBergen Drug Corporation.(McClure, Shannon)
August 9, 2018 Filing 15 DECLARATION of Hans N. Huggler re #14 Response in Opposition to Motion, by AmerisourceBergen Drug Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Huggler, Hans)
August 9, 2018 Filing 14 RESPONSE in Opposition re #6 MOTION re #5 Memorandum, #3 MOTION for Temporary Restraining Order on Shortened Time, #4 Declaration on Shortened Time filed by AmerisourceBergen Drug Corporation. (Attachments: #1 Proposed Order)(Huggler, Hans)
August 9, 2018 Filing 13 Corporate Disclosure Statement by AmerisourceBergen Drug Corporation. (Huggler, Hans)
August 9, 2018 Filing 12 NOTICE of Appearance by Hans Nicholas Huggler on behalf of AmerisourceBergen Drug Corporation (Huggler, Hans)
August 9, 2018 Filing 11 NOTICE of Appearance by Brewster H. Jamieson on behalf of AmerisourceBergen Drug Corporation (Jamieson, Brewster)
August 9, 2018 Filing 10 NOTICE of Filing (Proposed) Order re Motion for Hearing on Shortened Time by Bernie's Pharmacy, Inc. re #6 MOTION re #5 Memorandum, #3 MOTION for Temporary Restraining Order on Shortened Time, #4 Declaration on Shortened Time (Attachments: #1 Proposed Order)(Tucker, S)
August 9, 2018 Summons Issued as to AmerisourceBergen Drug Corporation. (PXS, COURT STAFF)
August 8, 2018 Filing 9 Corporate Disclosure Statement by Bernie's Pharmacy, Inc.. (Tucker, S)
August 8, 2018 Filing 8 DEMAND for Trial by Jury by Bernie's Pharmacy, Inc.. (Tucker, S)
August 8, 2018 Filing 7 DECLARATION of Anthony J. Calamunci re #6 MOTION re #5 Memorandum, #3 MOTION for Temporary Restraining Order on Shortened Time, #4 Declaration on Shortened Time by Bernie's Pharmacy, Inc.. (Tucker, S)
August 8, 2018 Filing 6 MOTION re #5 Memorandum, #3 MOTION for Temporary Restraining Order on Shortened Time, #4 Declaration on Shortened Time by Bernie's Pharmacy, Inc..(Tucker, S)
August 8, 2018 Filing 5 MEMORANDUM ISO of Motion for TRO and Injunctive Relief by Bernie's Pharmacy, Inc. #3 MOTION for Temporary Restraining Order on Shortened Time filed by Bernie's Pharmacy, Inc.. (Tucker, S)
August 8, 2018 Filing 4 DECLARATION of Teresa Hall re #3 MOTION for Temporary Restraining Order on Shortened Time by Bernie's Pharmacy, Inc.. (Tucker, S)
August 8, 2018 Filing 3 MOTION for Temporary Restraining Order on Shortened Time by Bernie's Pharmacy, Inc.. (Attachments: #1 Proposed Order)(Tucker, S)
August 8, 2018 Filing 2 Civil Cover Sheet. (Tucker, S)
August 8, 2018 Filing 1 COMPLAINT against Bernie's Pharmacy, Inc. ( Filing fee $ 400 receipt number 097--2560792.), filed by Bernie's Pharmacy, Inc.. (Attachments: #1 Exhibit 1 Prime Vender Agreement, #2 Exhibit 2 June 28, 2018 Termination Letter, #3 Exhibit 3 Emails, #4 Exhibit 4 May 23, 2018 Letter, #5 Exhibit 5 June 15, 2018 Letter)(Tucker, S) Modified on 8/20/2018 to restrict access to dkt 1-1. see dkt 29. (RMC, COURT STAFF).

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Plaintiff: Bernie's Pharmacy, Inc.
Represented By: S Lane Tucker
Represented By: Anthony J. Calamunci
Represented By: Kevin M. Cuddy
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Defendant: AmerisourceBergen Drug Corporation
Represented By: Joseph J. Mahady
Represented By: Hans Nicholas Huggler
Represented By: Brewster H. Jamieson
Represented By: Shannon E. McClure
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