Caremark LLC et al v. Choctaw Nation et al
| Caremark LLC, Caremark PHC LLC, CaremarkPCS Health LLC, Caremark RX LLC, Aetna Incorporated and Aetna Health Incorporated |
| Choctaw Nation, Choctaw Nation Health Services Authority, Choctaw Health Care, Talihina, OK, Choctaw Nation Health Clinic-Rubin White, Poteau, Choctaw Nation Health Clinic-McAlester, Choctaw Nation Health Clinic-Idabel, Choctaw Nation Health Clinic-Stigler, Choctaw Nation Health Clinic-Hugo, Choctaw Nation Health Clinic-Atoka, Choctaw Nation Health Care Center Durant Pharmacy and Choctaw Nation Online Pharmacy Refill Center |
| 2:2021cv01554 |
| September 10, 2021 |
| US District Court for the District of Arizona |
| Susan M Brnovich |
| Michael T Liburdi |
| Other Statutes: Arbitration |
| 09 U.S.C. § 1 |
| None |
Docket Report
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| Remark: Pro hac vice motion(s) granted for Nicholas Shodrok on behalf of Defendants Choctaw Health Care, Talihina, OK, Choctaw Nation, Choctaw Nation Health Care Center Durant Pharmacy, Choctaw Nation Health Clinic-Atoka, Choctaw Nation Health Clinic-Hugo, Choctaw Nation Health Clinic-Idabel, Choctaw Nation Health Clinic-McAlester, Choctaw Nation Health Clinic-Rubin White, Poteau, Choctaw Nation Health Clinic-Stigler, Choctaw Nation Health Services Authority, Choctaw Nation Online Pharmacy Refill Center. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 23 REPLY to Response to Motion re: #16 MOTION to Stay THIS ACTION PENDING RESOLUTION OF NINTH CIRCUIT APPEAL SIGNIFICANTLY BEARING UPON THIS ACTION filed by Choctaw Health Care, Talihina, OK, Choctaw Nation, Choctaw Nation Health Care Center Durant Pharmacy, Choctaw Nation Health Clinic-Atoka, Choctaw Nation Health Clinic-Hugo, Choctaw Nation Health Clinic-Idabel, Choctaw Nation Health Clinic-McAlester, Choctaw Nation Health Clinic-Rubin White, Poteau, Choctaw Nation Health Clinic-Stigler, Choctaw Nation Health Services Authority, Choctaw Nation Online Pharmacy Refill Center. (Burrage, Michael) |
| Filing 22 RESPONSE in Opposition re: #16 MOTION to Stay THIS ACTION PENDING RESOLUTION OF NINTH CIRCUIT APPEAL SIGNIFICANTLY BEARING UPON THIS ACTION filed by Aetna Health Incorporated, Aetna Incorporated, Caremark LLC, Caremark PHC LLC, Caremark RX LLC, CaremarkPCS Health LLC. (Attachments: #1 Exhibit 1)(Neumann, Jon) |
| Filing 21 MEMORANDUM in Support of #1 Petition for Order to Compel Arbitration by Plaintiffs Aetna Health Incorporated, Aetna Incorporated, Caremark LLC, Caremark PHC LLC, Caremark RX LLC, CaremarkPCS Health LLC. (DXD) |
Filing 20
ORDER granting #6 Motion for Leave to File Excess Pages. The Clerk shall file the lodged proposed Memorandum of Law in Support of their Petition for Order Compelling Arbitration (lodged Doc. #7 ). Signed by Judge Susan M Brnovich on 10/18/21. (DXD)
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Filing 19
ORDER granting #8 Motion to Seal. FURTHER ORDERED Clerk's Office is directed to file Exhibits A-R attached to the Declaration of Stephanie Harris. Signed by Judge Susan M Brnovich on 10/18/21. (MAP)
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| Filing 9 *SEALED Exhibits A-R to [5-1] Stephanie Harris Declaration filed by Aetna Health Incorporated, Aetna Incorporated, Caremark LLC, Caremark PHC LLC, Caremark RX LLC, CaremarkPCS Health LLC. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Exhibit F, #6 Exhibit G, #7 Exhibit H, #8 Exhibit I, #9 Exhibit J, #10 Exhibit K, #11 Exhibit L, #12 Exhibit M, #13 Exhibit N, #14 Exhibit O, #15 Exhibit P, #16 Exhibit Q, #17 Exhibit R)(Neumann, Jon) *Modified to change from lodged to filed pursuant to doc. #19 ; NEF regenerated on 10/18/2021 (MAP)(CEI). |
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Filing 18
ORDER that Petitioners' Motion to Transfer Pursuant to Local Rule of Civil Procedure 42.1(e) (Doc. 40 ) is denied. See the attached order for additional information. Signed by Judge Steven P. Logan on 10/8/2021. Associated Cases: 2:21-cv-00574-SPL, 2:21-cv-01554-SMB (RMW)
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| Filing 17 Additional Attachments to Main Document re: #16 MOTION to Stay THIS ACTION PENDING RESOLUTION OF NINTH CIRCUIT APPEAL SIGNIFICANTLY BEARING UPON THIS ACTION by Defendants Choctaw Health Care, Talihina, OK, Choctaw Nation, Choctaw Nation Health Care Center Durant Pharmacy, Choctaw Nation Health Clinic-Atoka, Choctaw Nation Health Clinic-Hugo, Choctaw Nation Health Clinic-Idabel, Choctaw Nation Health Clinic-McAlester, Choctaw Nation Health Clinic-Rubin White, Poteau, Choctaw Nation Health Clinic-Stigler, Choctaw Nation Health Services Authority, Choctaw Nation Online Pharmacy Refill Center. (Burrage, Michael) |
| Filing 16 MOTION to Stay THIS ACTION PENDING RESOLUTION OF NINTH CIRCUIT APPEAL SIGNIFICANTLY BEARING UPON THIS ACTION by Choctaw Health Care, Talihina, OK, Choctaw Nation, Choctaw Nation Health Care Center Durant Pharmacy, Choctaw Nation Health Clinic-Atoka, Choctaw Nation Health Clinic-Hugo, Choctaw Nation Health Clinic-Idabel, Choctaw Nation Health Clinic-McAlester, Choctaw Nation Health Clinic-Rubin White, Poteau, Choctaw Nation Health Clinic-Stigler, Choctaw Nation Health Services Authority, Choctaw Nation Online Pharmacy Refill Center. (Attachments: #1 Exhibit 1 - Order Filed in Ninth Circuit Court of Appeals)(Burrage, Michael) |
| Remark: Pro hac vice motion(s) granted for Patricia A Sawyer, Reggie N Whitten on behalf of Defendants Choctaw Health Care, Talihina, OK, Choctaw Nation, Choctaw Nation Health Care Center Durant Pharmacy, Choctaw Nation Health Clinic-Atoka, Choctaw Nation Health Clinic-Hugo, Choctaw Nation Health Clinic-Idabel, Choctaw Nation Health Clinic-McAlester, Choctaw Nation Health Clinic-Rubin White, Poteau, Choctaw Nation Health Clinic-Stigler, Choctaw Nation Health Services Authority, Choctaw Nation Online Pharmacy Refill Center. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 15 RESPONSE to Motion re: (40 in 2:21-cv-00574-SPL, 40 in 2:21-cv-00574-SPL) MOTION to Transfer Related Case filed by Ardmore Health Clinic, Chickasaw Nation, Chickasaw Nation Department of Health, Chickasaw Nation Medical Center, Chickasaw Nation Online Pharmacy Refill Center, Purcell Health Clinic, Tishomingo Health Clinic, Choctaw Health Care, Talihina, OK, Choctaw Nation, Choctaw Nation Health Care Center Durant Pharmacy, Choctaw Nation Health Clinic-Atoka, Choctaw Nation Health Clinic-Hugo, Choctaw Nation Health Clinic-Idabel, Choctaw Nation Health Clinic-McAlester, Choctaw Nation Health Clinic-Rubin White, Poteau, Choctaw Nation Health Clinic-Stigler, Choctaw Nation Health Services Authority, Choctaw Nation Online Pharmacy Refill Center. (Associated Cases: 2:21-cv-00574-SPL, 2:21-cv-01554-SMB) (Burrage, Michael) |
| Remark: Pro hac vice motion(s) granted for Michael Burrage on behalf of Defendants Choctaw Health Care, Talihina, OK, Choctaw Nation, Choctaw Nation Health Care Center Durant Pharmacy, Choctaw Nation Health Clinic-Atoka, Choctaw Nation Health Clinic-Hugo, Choctaw Nation Health Clinic-Idabel, Choctaw Nation Health Clinic-McAlester, Choctaw Nation Health Clinic-Rubin White, Poteau, Choctaw Nation Health Clinic-Stigler, Choctaw Nation Health Services Authority, Choctaw Nation Online Pharmacy Refill Center. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 14 MOTION to Transfer Related Case by Aetna Health Incorporated, Aetna Incorporated, Caremark LLC, Caremark PHC LLC, Caremark RX LLC, CaremarkPCS Health LLC. (Attachments: #1 Proposed Order) (Associated Cases: CV-21-01554-SMB, CV-21-00574-SPL) (Neumann, Jon) |
| Filing 13 SERVICE EXECUTED filed by Aetna Health Incorporated, Aetna Incorporated, Caremark LLC, Caremark PHC LLC, Caremark RX LLC, CaremarkPCS Health LLC: Rule 4 Waiver of Service of Summons. Waiver sent on 09/16/2021 to All parties listed as Respondents in the Petition . (Neumann, Jon) |
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Filing 12
ORDER directing the Clerk of Court to terminate any or all Defendants in this matter, without further notice, that have not been served within the time required by Fed. R. Civ. P. 4(m) on December 9, 2021. Signed by Judge Susan M. Brnovich on 9/15/2021. (ESG)
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Filing 11
ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Judge Susan M. Brnovich on 9/15/2021. (ESG)
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Filing 10
ORDER Any motions, responses or replies filed for which a courtesy copy is not delivered to the Court, as required, will be stricken and not considered. Signed by Judge Susan M. Brnovich on 9/15/2021. (ESG)
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| Remark: Pro hac vice motion(s) granted for Peter Kocoras, Brian Steinwascher on behalf of Plaintiffs Aetna Health Incorporated, Aetna Incorporated, Caremark LLC, Caremark PHC LLC, Caremark RX LLC, CaremarkPCS Health LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 8 MOTION to Seal Document by Aetna Health Incorporated, Aetna Incorporated, Caremark LLC, Caremark PHC LLC, Caremark RX LLC, CaremarkPCS Health LLC. (Attachments: #1 Proposed Order)(Neumann, Jon) |
| Filing 7 **FILED at Doc. #21 ** LODGED Proposed Petitioners' Memorandum of Law in Support of Petition to Compel Arbitration re: #6 MOTION for Leave to File Excess Pages for Memorandum of Law in Support of Petition for Order to Compel Arbitration. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Aetna Health Incorporated, Aetna Incorporated, Caremark LLC, Caremark PHC LLC, Caremark RX LLC, CaremarkPCS Health LLC. (Neumann, Jon) Modified on 10/18/2021 (DXD). |
| Filing 6 MOTION for Leave to File Excess Pages for Memorandum of Law in Support of Petition for Order to Compel Arbitration by Aetna Health Incorporated, Aetna Incorporated, Caremark LLC, Caremark PHC LLC, Caremark RX LLC, CaremarkPCS Health LLC. (Attachments: #1 Proposed Order)(Neumann, Jon) |
| Filing 5 NOTICE re: Filing Declaration by Aetna Health Incorporated, Aetna Incorporated, Caremark LLC, Caremark PHC LLC, Caremark RX LLC, CaremarkPCS Health LLC re: #1 Complaint Petition for Order to Compel Arbitration. (Attachments: #1 Exhibit 1 - Stephanie Harris Declaration)(Neumann, Jon) |
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Filing 4
ORDER OF RECUSAL. IT IS ORDERED that the Honorable Michael T. Liburdi recuses himself from this action and that this action is reassigned, by random draw, to the Honorable Susan M. Brnovich for all further proceedings. IT IS FURTHER ORDERED that all future pleadings and papers submitted for filing shall bear the following complete case number: CV-21-01554-PHX-SMB. Signed by Judge Michael T Liburdi on 9/13/21. (SST)
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| Filing 3 Filing fee paid, receipt number 0970-19852230. This case has been assigned to the Honorable Michael T Liburdi. All future pleadings or documents should bear the correct case number: CV-21-1554-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (DLC) |
| Filing 2 Corporate Disclosure Statement by Aetna Health Incorporated, Aetna Incorporated, Caremark LLC, Caremark PHC LLC, Caremark RX LLC, CaremarkPCS Health LLC. (Neumann, Jon) (DLC) |
| Filing 1 PETITION FOR ORDER TO COMPEL ARBITRATION. Filing fee received: $ 402.00, receipt number 0970-19852230 filed by Caremark PHC LLC, Caremark LLC, Aetna Health Incorporated, CaremarkPCS Health LLC, Caremark RX LLC, Aetna Incorporated. (Neumann, Jon) (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(DLC) |
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