Bernie's Pharmacy, Inc. v. AmerisourceBergen Drug Corporation
| Bernie's Pharmacy, Inc. |
| AmerisourceBergen Drug Corporation |
| 3:2018cv00183 |
| August 8, 2018 |
| US District Court for the District of Alaska |
| Anchorage Office |
| Anchorage |
| Timothy M Burgess |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2018. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 62 MOTION to Dismiss by AmerisourceBergen Drug Corporation. (Attachments: #1 Exhibit A Declaration of David May)(Jamieson, Brewster) |
| Filing 61 NOTICE of Intent to Request Redaction by Brewster H. Jamieson re #59 Transcript,,, (Jamieson, Brewster) |
| Filing 60 NOTICE of Intent to Request Redaction by Kevin M. Cuddy re #59 Transcript,,, (Cuddy, Kevin) |
| 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, ) |
| Filing 58 STATUS REPORT Regarding Next Steps in the Case by Bernie's Pharmacy, Inc.. (Cuddy, Kevin) |
| 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) |
| Filing 52 TRANSCRIPT REQUEST by AmerisourceBergen Drug Corporation. (Jamieson, Brewster) |
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, )
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| Filing 50 RESPONSE in Opposition re #46 MOTION to Seal EXHIBITS AND RELATED TESTIMONY filed by AmerisourceBergen Drug Corporation. (Jamieson, Brewster) |
| Filing 49 DECLARATION of David May re #48 MOTION to Seal Certain Exhibits Unopposed by AmerisourceBergen Drug Corporation. (Jamieson, Brewster) |
| Filing 48 MOTION to Seal Certain Exhibits Unopposed by AmerisourceBergen Drug Corporation. (Attachments: #1 Proposed Order)(Jamieson, Brewster) |
| 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) |
| Filing 46 MOTION to Seal EXHIBITS AND RELATED TESTIMONY by Bernie's Pharmacy, Inc.. (Attachments: #1 Proposed Order)(Cuddy, Kevin) |
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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).
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| 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) |
| 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) |
| Filing 56 Exhibit List Defendant by AmerisourceBergen Drug Corporation.. (ACW, COURT STAFF) |
| Filing 55 Exhibit List Plaintiff by Bernie's Pharmacy, Inc. (ACW, COURT STAFF) |
| Filing 54 Witness List (ACW, COURT STAFF) (Main Document 54 replaced on 8/29/2018) (BJK, COURT STAFF). |
| 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) |
| Filing 42 Witness List by AmerisourceBergen Drug Corporation. (Jamieson, Brewster) |
| Filing 41 Exhibit List -Supplemental by Bernie's Pharmacy, Inc... (Cuddy, Kevin) |
| Filing 40 Exhibit List for Hearing on August 21, 2018 by AmerisourceBergen Drug Corporation.. (Jamieson, Brewster) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 35 Witness List by Bernie's Pharmacy, Inc.. (Cuddy, Kevin) |
| Filing 34 Exhibit List for Aug. 21, 2018 Hearing by Bernie's Pharmacy, Inc... (Cuddy, Kevin) |
| Filing 33 DECLARATION of JAMES MANNERS re #31 Reply to Response to Motion by Bernie's Pharmacy, Inc.. (Attachments: #1 Exhibit 1)(Tucker, S) |
| Filing 32 AFFIDAVIT of LEON CHANDLER, M.D. re #31 Reply to Response to Motion by Bernie's Pharmacy, Inc.. (Tucker, S) |
| 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) |
| 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) |
| 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) |
| Filing 28 DECLARATION of David May re #27 Response in Opposition to Motion by AmerisourceBergen Drug Corporation. (Jamieson, Brewster) |
| Filing 27 RESPONSE in Opposition re #3 MOTION for Temporary Restraining Order on Shortened Time filed by AmerisourceBergen Drug Corporation. (Jamieson, Brewster) |
| 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) |
| 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) |
| Filing 24 NOTICE of Appearance by Kevin M. Cuddy on behalf of Bernie's Pharmacy, Inc. (Cuddy, Kevin) |
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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).
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| 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) |
| 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) |
| Filing 20 Unissued summons re Defendant AmerisourceBergen Drug Corporation, (PXS, COURT STAFF) |
| 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) |
| 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) |
| 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) |
| Filing 16 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Shannon E. McClure by AmerisourceBergen Drug Corporation.(McClure, Shannon) |
| 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) |
| 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) |
| Filing 13 Corporate Disclosure Statement by AmerisourceBergen Drug Corporation. (Huggler, Hans) |
| Filing 12 NOTICE of Appearance by Hans Nicholas Huggler on behalf of AmerisourceBergen Drug Corporation (Huggler, Hans) |
| Filing 11 NOTICE of Appearance by Brewster H. Jamieson on behalf of AmerisourceBergen Drug Corporation (Jamieson, Brewster) |
| 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) |
| Summons Issued as to AmerisourceBergen Drug Corporation. (PXS, COURT STAFF) |
| Filing 9 Corporate Disclosure Statement by Bernie's Pharmacy, Inc.. (Tucker, S) |
| Filing 8 DEMAND for Trial by Jury by Bernie's Pharmacy, Inc.. (Tucker, S) |
| 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) |
| 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) |
| 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) |
| Filing 4 DECLARATION of Teresa Hall re #3 MOTION for Temporary Restraining Order on Shortened Time by Bernie's Pharmacy, Inc.. (Tucker, S) |
| Filing 3 MOTION for Temporary Restraining Order on Shortened Time by Bernie's Pharmacy, Inc.. (Attachments: #1 Proposed Order)(Tucker, S) |
| Filing 2 Civil Cover Sheet. (Tucker, S) |
| 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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