AIDS Healthcare Foundation v. Caremark LLC et al
| AIDS Healthcare Foundation |
| Caremark LLC and CaremarkPCS LLC |
| 2:2022cv00925 |
| May 31, 2022 |
| US District Court for the District of Arizona |
| Diane J Humetewa |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| None |
Docket Report
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This docket was last retrieved on June 24, 2022. A more recent docket listing may be available from PACER.
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Filing 57
ORDER: Pursuant to the Stipulation for Dismissal with Prejudice Pursuant to Court's June 17, 2022 Order and Fed. R. Civ. P. 41(a)(1)(A)(ii) (Doc. #56 ), IT IS ORDERED that this action is dismissed, without prejudice, each party to bear its own costs and expenses. The Clerk of Court is kindly directed to terminate this matter. ORDERED by Judge Diane J Humetewa on 6/24/2022. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG)
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| Filing 56 STIPULATION of Dismissal without prejudice with each party to bear own costs by AIDS Healthcare Foundation. (Attachments: #1 Proposed Order)(Kim, Andrew) |
| Remark: out of state attorneys Thomas Andrew Myers and Joshua J Pollack terminated as counsel of record for noncompliance with admission procedures; party or parties represented by other admitted counsel. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
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Filing 55
ORDER that AHF shall show cause within 14 days of the date of this Order as to why this matter should not be dismissed as duplicative. Alternatively, the parties may file a stipulation to dismiss Case 2. Signed by Judge Diane J Humetewa on 6/17/2022. (LFIG)
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| Remark: Pro hac vice motion(s) granted for Seth A Horvath on behalf of Respondents Caremark LLC, CaremarkPCS LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Kevin Patrick Shea on behalf of Respondents Caremark LLC, CaremarkPCS LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Aon S Hussain on behalf of Respondents Caremark LLC, CaremarkPCS LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Rebecca J Riley on behalf of Petitioner AIDS Healthcare Foundation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Remark: Pro hac vice motion(s) granted for Andrew F Kim on behalf of Petitioner AIDS Healthcare Foundation. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 54 Corporate Disclosure Statement by AIDS Healthcare Foundation. (Kim, Andrew) |
| Filing 53 Corporate Disclosure Statement by Caremark LLC, CaremarkPCS LLC identifying Other Affiliate CVS Health Corporation, Other Affiliate CVS Pharmacy Incorporated, Other Affiliate Caremark RX LLC for Caremark LLC, CaremarkPCS LLC. (Attachments: #1 Attachment Corporate Disclosure)(Freeman, Shelton) |
| Filing 52 *RESPONSE to Petition to Confirm the Arbitration Award by Caremark LLC, CaremarkPCS LLC.(Freeman, Shelton) *Modified to correct event on 6/9/2022 (RMV). |
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Filing 51
ORDER that the Clerk of Court shall kindly unseal all filings in this matter, except for the following docket numbers, which shall remain under seal pending further Court order otherwise: #5 , #18 , #28 , #34 , #38 , and #39 . Signed by Judge Diane J Humetewa on 6/9/22. (MAP)
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| Filing 50 STIPULATION In Accordance With June 1, 2022 Order by Caremark LLC, CaremarkPCS LLC. (MAP) |
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Filing 49
SEALED ORDER granting #48 Motion. A copy of the docket in this sealed matter will be emailed to the counsel of record in this matter. Signed by Judge Diane J Humetewa on 6/8/22. (cc: All Cnsl) (MAP)
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| Filing 48 SEALED MOTION for Entry of Order Requiring Clerk's Office to Provide List of Docket Entries to Comply With the Court's June 1, 2022 Order by Caremark LLC, CaremarkPCS LLC. (Attachments: #1 Proposed Order)(MAP) |
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Filing 47
SEALED ORDER - Affirming Judge Gee's order directing the parties to file a stipulation regarding which documents are to remain under seal or redacted in this case because they contain a description or discussion of the incentive-fee formulas. The parties must do so no later than June 8, 2022. Alternatively, the parties may file a Stipulation to Dismiss Case 2 without prejudice, in light of Petitioner's Motion to Vacate that is pending in Case 1 (Doc. 12 in Case 1). Signed by Judge Diane J Humetewa on 6/1/22. (cc: All Cnsl) (MAP)
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| Filing 46 SEALED NOTICE TO PARTY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to AIDS Healthcare Foundation. (cc: Pla's Cnsl) (MAP) |
| Filing 45 SEALED Notice Re Transfer of 2:21-cv-09363-DMG (KS) from the Centrals District of California to the District of Arizona. New Case Number: CV-22-00925-PHX-DJH. (cc: All Cnsl) (MAP) |
| Filing 44 CASE TRANSFERRED IN from District of California Central; Case Number 2:21-cv-09363 . Original file certified copy of transfer order and docket sheet received |
| Filing 43 Transfer Out Transmittal Letter sent to USDC District of Arizona at Phoenix. (bm) [Transferred from cacd on 5/31/2022.] |
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Filing 42
MINUTES IN CHAMBERS - ORDER RE RESPONDENTS' MOTION TO DISMISS OR TRANSFER VENUE AND APPLICATION TO SEAL #27 #6 #21 by Judge Dolly M. Gee granting #27 MOTION to Transfer Case: In light of the foregoing, Caremark's motion is GRANTED and this action is TRANSFERRED to the United States District Court for the District of Arizona. The parties are also ORDERED to file a stipulation regarding which documents are to remain under seal or redacted in this case within 14 days of the Arizona court's final order regarding sealing in that case. MD JS-6. Case Terminated. (bm) [Transferred from cacd on 5/31/2022.]
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| Filing 41 SEALED - NOTICE OF LODGING OF ORDER RE MOTION TO SEAL IN CAREMARK LLC V. AIDS HEALTHCARE FOUNDATION, UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA, CASE NO. CV-21-01913-PHC-DJH (bm) [Transferred from cacd on 5/31/2022.] |
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Filing 37
MINUTES IN CHAMBERS - ORDER by Judge Dolly M. Gee: The Court finds that Respondents' Motion to Dismiss or Transfer Venue to the United States District Court for the District of Arizona or Stay the Current Action [Doc. No. 27] presently scheduled for hearing on April 8, 2022, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. (bm) [Transferred from cacd on 5/31/2022.]
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Filing 36
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. Respondents' Motion to Dismiss or Transfer Venue to the United States District Court for the District of Arizona or Stay the Current Action #27 hearing on April 8, 2022 shall take place by Zoom Videoconference ("Zoom") and the clerk shall email the video link to the parties. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY [Transferred from cacd on 5/31/2022.]
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| Filing 40 PROOF OF SERVICE filed by respondents Caremark L.L.C., CaremarkPCS, L.L.C., re Reply #38 , Declaration #39 , served on 3/25/22. (bm) [Transferred from cacd on 5/31/2022.] |
| Filing 39 DECLARATION OF SETH A. HORVATH IN SUPPORT OF REPLY IN SUPPORT OF MOTION TO DISMISS OR TRANSFER VENUE OR STAY THE CURRENT ACTION filed by Respondents Caremark L.L.C., CaremarkPCS, L.L.C.. (bm) [Transferred from cacd on 5/31/2022.] |
| Filing 38 REPLY IN SUPPORT OF MOTION TO DISMISS OR TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA OR STAY THECURRENT ACTION filed by Respondents Caremark L.L.C., CaremarkPCS, L.L.C. (bm) [Transferred from cacd on 5/31/2022.] |
| Filing 35 PROOF OF SERVICE filed by petitioner AIDS Healthcare Foundation (bm) [Transferred from cacd on 5/31/2022.] |
| Filing 34 PETITIONER AIDS HEALTHCARE FOUNDATION'S REQUEST FOR JUDICIAL NOTICE, DECLARATION OF ANDREW F. KIM, AND EXHIBITS "1" THROUGH "9" filed by Petitioner AIDS Healthcare Foundation. (bm) [Transferred from cacd on 5/31/2022.] |
| Filing 33 QUALIFIED OPPOSITIONMEMORANDUM OF POINTS AND AUTHORITIES OF PETITIONER AIDS HEALTHCARE FOUNDATION TO MOTION OF RESPONDENTS CAREMARK, L.L.C. AND CAREMARKPCS, L.L.C. TO DISMISS, TRANSFER, OR STAY; DECLARATION OF MICHAELWEINSTEIN; DECLARATION OF BARRY ALTSTAEDTER re: NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Transfer Case NOTICE OF MOTION AND MOTION to Stay Case #27 filed by Petitioner AIDS Healthcare Foundation. (bm) [Transferred from cacd on 5/31/2022.] |
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Filing 32
ORDER ON STIPULATION TO CONTINUE HEARING ON MOTION TO DISMISS, TRANSFER VENUE, OR STAY THE CURRENT ACTION #31 by Judge Dolly M. Gee: IT IS HEREBY ORDERED that the Stipulation is APPROVED and the hearing on the Motion [Doc. No. 27] is continued from March 4, 2022 to April 8, 2022 at 9:30 a.m. (bm) [Transferred from cacd on 5/31/2022.]
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| Filing 31 STIPULATION REGARDING CONTINUING FROM MARCH 4, 2022 2022 TO APRIL 8, 2022 THE HEARING ON MOTION OF RESPONDENTS CAREMARK, LLC AND CAREMARKPCS, LLC TO DISMISS OR TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA OR STAY THE CURRENT ACTION filed by petitioner AIDS Healthcare Foundation. (Attachments: #1 Proposed Order)(bm) [Transferred from cacd on 5/31/2022.] |
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Filing 30
ORDER ON STIPULATION TO CONTINUE HEARING ON MOTION TO DISMISS, TRANSFER VENUE, OR STAY THE ACTION #29 by Judge Dolly M. Gee: IT IS HEREBY ORDERED that the Stipulation is APPROVED and the hearing on the Motion [Doc. No. 27] is continued from January 28, 2022 to March 4, 2022 at 9:30 a.m. (bm) [Transferred from cacd on 5/31/2022.]
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| Filing 29 STIPULATION REGARDING CONTINUING FROM JANUARY 28, 2022 TO MARCH 4, 2022 THE HEARING ON MOTION OF RESPONDENTS CAREMARK, LLC AND CAREMARKPCS, LLC TO DISMISS OR TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA OR STAY THE CURRENT ACTION filed by petitioner AIDS Healthcare Foundation. Lodged Proposed Order. (Attachments: #1 Proposed Order) (Attorney Tom Myers added to party AIDS Healthcare Foundation(pty:pet)) (bm) Modified on 2/9/2022 (bm). [Transferred from cacd on 5/31/2022.] |
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Filing 25
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti) [Transferred from cacd on 5/31/2022.]
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| Filing 28 DECLARATION OF KEVIN P. SHEA IN SUPPORT OF NOTICE OF MOTION AND MOTION TO DISMISS OR TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA OR STAY THE CURRENT ACTION #27 filed by Respondents Caremark L.L.C., CaremarkPCS, L.L.C. (bm) [Transferred from cacd on 5/31/2022.] |
| Filing 27 NOTICE OF MOTION AND MOTION TO DISMISS OR TRANSFER VENUE TO THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA OR STAY THECURRENT ACTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF filed by defendants Caremark L.L.C., CaremarkPCS, L.L.C. Motion set for hearing on 1/28/2022 at 9:30 AM before Judge Dolly M. Gee. (bm) [Transferred from cacd on 5/31/2022.] |
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Filing 26
ORDER ON STIPULATION REGARDING EXTENDING DEADLINE UNDER RULE 81(c)(2) #23 by Judge Dolly M. Gee: IT IS ORDERED that the Stipulation is APPROVED. IT IS FURTHER ORDERED that Respondents Caremark, L.L.C., and CaremarkPCS, L.L.C.'s deadline to answer or present other defenses or objections in this action under Rule 81(c)(2) of the Federal Rules of Civil Procedure shall be extended, nunc pro tunc, from December 22, 2021 to December 31, 2021. In the future, the parties shall avoid submitting requests for continuance or extension of time less than five court days prior to the expiration of the scheduled date. (bm) [Transferred from cacd on 5/31/2022.]
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Filing 24
ORDER by Judge Dolly M. Gee: granting #22 Non-Resident Attorney Seth A Horvath APPLICATION to Appear Pro Hac Vice on behalf of Defendants Caremark, L.L.C., and CaremarkPCS, L.L.C., designating Joshua J Pollack as local counsel. (bm) [Transferred from cacd on 5/31/2022.]
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| Filing 23 STIPULATION REGARDING EXTENDING DEADLINE UNDER RULE 81(c)(2) filed by respondents Caremark L.L.C., CaremarkPCS, L.L.C. (Attachments: #1 Proposed Order)(bm) [Transferred from cacd on 5/31/2022.] |
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Filing 21
ORDER RE APPLICATION FOR LEAVE TO FILE CASE UNDER SEAL #6 by Judge Dolly M. Gee granting #6 APPLICATION to Seal Case (bm) [Transferred from cacd on 5/31/2022.]
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Filing 20
ORDER by Judge Dolly M. Gee: granting #17 Non-Resident Attorney Aon S Hussain APPLICATION to Appear Pro Hac Vice on behalf of Defendants Caremark, L.L.C., and CaremarkPCS, L.L.C., designating Joshua J Pollack as local counsel. (bm) [Transferred from cacd on 5/31/2022.]
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Filing 19
ORDER by Judge Dolly M. Gee: granting #16 Non-Resident Attorney Kevin P. Shea APPLICATION to Appear Pro Hac Vice on behalf of Defendants Caremark, L.L.C., and CaremarkPCS, L.L.C., designating Joshua J Pollack as local counsel. (bm) [Transferred from cacd on 5/31/2022.]
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| Filing 18 SEALED - OPPOSITION MEMORANDUM OF POINTS AND AUTHORITIES OF PETITIONER AIDS HEALTHCARE FOUNDATION TO APPLICATION OF RESPONDENTS CAREMARK, L.L.C. AND CAREMARKPCS, L.L.C. TO FILE CASE UNDER SEAL (Attachments: #1 Part 2, #2 Part 3, #3 Part 4)(bm) [Transferred from cacd on 5/31/2022.] |
| Filing 22 APPLICATION of Non-Resident Attorney Seth A. Horvarth to Appear Pro Hac Vice on behalf of Respondents Caremark L.L.C., CaremarkPCS, L.L.C. (Pro Hac Vice Fee - Paid) filed by Defendants Caremark L.L.C., CaremarkPCS, L.L.C. (sbou) [Transferred from cacd on 5/31/2022.] |
| Filing 17 SEALED APPLICATION of Non-Resident Attorney Aon S. Hussain to Appear Pro Hac Vice on behalf of Respondents Caremark L.L.C., CaremarkPCS, L.L.C. (Pro Hac Vice Fee - Paid) filed by Defendants Caremark L.L.C., CaremarkPCS, L.L.C.. (Attachments: #1 Proposed Order) (Attorney Aon S. Hussain added to party Caremark L.L.C. (pty:res), Attorney Aon S. Hussain added to party CaremarkPCS, L.L.C. (pty:res)) (lt) [Transferred from cacd on 5/31/2022.] |
| Filing 16 SEALED APPLICATION of Non-Resident Attorney Kevin P. to Appear Pro Hac Vice on behalf of Respondents Caremark L.L.C., CaremarkPCS, L.L.C. (Pro Hac Vice Fee - Paid) filed by Defendants Caremark L.L.C., CaremarkPCS, L.L.C.. (Attachments: #1 Proposed Order) (Attorney Kevin P. Shea added to party Caremark L.L.C. (pty:res), Attorney Kevin P. Shea added to party CaremarkPCS, L.L.C. (pty:res)) (lt) [Transferred from cacd on 5/31/2022.] |
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Filing 15
MINUTE ORDER IN CHAMBERS - ORDER by Judge Dolly M. Gee: Petitioner shall file its Opposition to Respondent's Application for Leave to File Case Under Seal [Doc. No. 6], or a Notice of non-opposition, by December 15, 2021. IT IS SO ORDERED. (bm) [Transferred from cacd on 5/31/2022.]
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| Filing 14 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Aon S. Hussain. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) [Transferred from cacd on 5/31/2022.] |
| Filing 13 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Seth A. Horvath. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) [Transferred from cacd on 5/31/2022.] |
| Filing 12 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kevin P. Shea. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (car) [Transferred from cacd on 5/31/2022.] |
| Filing 11 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) [Transferred from cacd on 5/31/2022.] |
| Filing 10 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from cacd on 5/31/2022.] |
| Filing 9 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Karen L. Stevenson. (car) [Transferred from cacd on 5/31/2022.] |
| Filing 8 DECLARATION OF KEVIN P. SHEA IN SUPPORT OF APPLICATION FOR LEAVE TO FILE CASE UNDER SEAL #6 filed by Respondents Caremark L.L.C., CaremarkPCS, L.L.C.. (car) [Transferred from cacd on 5/31/2022.] |
| Filing 7 DECLARATION OF STEVEN MCCALL IN SUPPORT OF APPLICATION FOR LEAVE TO FILE CASE UNDER SEAL #6 filed by Respondents Caremark L.L.C., CaremarkPCS, L.L.C.. (car) [Transferred from cacd on 5/31/2022.] |
| Filing 6 APPLICATION FOR LEAVE TO FILE CASE UNDER SEAL; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, filed by Respondents Caremark L.L.C., CaremarkPCS, L.L.C. (Attachments: #1 Lodged Proposed Order) (car) [Transferred from cacd on 5/31/2022.] |
| Filing 5 DECLARATION of KEVIN P. SHEA IN SUPPORT of Notice of Removal, #1 filed by Respondents Caremark L.L.C., CaremarkPCS, L.L.C. (car) [Transferred from cacd on 5/31/2022.] |
| Filing 4 DECLARATION of THOMAS S. MOFFATT filed by Respondents Caremark L.L.C., CaremarkPCS, L.L.C. (car) [Transferred from cacd on 5/31/2022.] |
| Filing 3 NOTICE OF PENDENCY OF OTHER ACTIONS OR PROCEEDINGS filed by Respondents Caremark L.L.C., CaremarkPCS, L.L.C. (car) [Transferred from cacd on 5/31/2022.] |
| Filing 2 CERTIFICATE of Interested Parties filed by Respondents Caremark L.L.C., CaremarkPCS, L.L.C., identifying Corporate Parent CVS Pharmacy, Inc., Corporate Parent Caremark Rx, L.L.C., Corporate Parent CVS Health Corporation for Caremark L.L.C., CaremarkPCS, L.L.C. (car) [Transferred from cacd on 5/31/2022.] |
| Filing 1 NOTICE OF REMOVAL from Superior Court of CA County of Los Angeles, case number 21STCP03872. Case assigned to Judge Dolly M. Gee, Discovery to Magistrate Judge Karen L. Stevenson. Filing fee $402 FEE PAID, filed by Respondents Caremark L.L.C., CaremarkPCS, L.L.C. [Conformed copy of Petition submitted with Declaration of Kevin P Shea] (Attachments: #1 Civil Cover Sheet) (car) [Transferred from cacd on 5/31/2022.] |
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