Manes' Pharmacy, Inc. v. AmerisourceBergen Drug Corporation
| Mane's Pharmacy, Inc. and Manes' Pharmacy, Inc. |
| AmerisourceBergen Drug Corporation |
| 2:2022cv02186 |
| December 6, 2022 |
| US District Court for the Western District of Arkansas |
| P K Holmes |
| Contract: Other |
| 28 U.S.C. § 1441 Petition for Removal- Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 3, 2023. A more recent docket listing may be available from PACER.
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Filing 39
AMENDED ORDER granting #32 MOTION to file certain exhibits under seal. The Clerk of the Court is DIRECTED to STRIKE this Court's previous #37 order granting that motion. Signed by Honorable Mark E. Ford on February 3, 2023. (mjm)
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Filing 38
OPINION AND ORDER denying #5 Motion for Preliminary Injunction. Signed by Honorable Mark E. Ford on February 1, 2023. (mjm)
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Filing 37
***STRICKEN, per #39 Order*** ORDER granting #32 Motion to file certain exhibits under seal. Signed by Honorable Mark E. Ford on February 1, 2023. (mjm) Modified on 2/3/2023 to strike (mjm).
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Filing 36
Exhibit List - Motion Hearing held on 01/24/2023 & 1/26/2023. Original exhibits retained by the court. (mjm) (Main Document 36 replaced on 2/3/2023) (mjm).
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Filing 35
Minute Entry for proceedings held before Honorable Mark E. Ford: Motion Hearing held on 1/26/2023. Day 2. (Dana Hayden-Court Reporter)(Proceedings held in Fort Smith-Room 310) (mjm) (Main Document 35 replaced on 2/3/2023) (mjm).
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Filing 34
Minute Entry for proceedings held before Honorable Mark E. Ford: Motion Hearing held on 1/24/2023. Day 1. (Dana Hayden-Court Reporter)(Proceedings held in Fort Smith-Room 310) (mjm)
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Filing 33
TEXT ONLY ORDER REFERRING #5 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Manes' Pharmacy, Inc. to Honorable Mark E. Ford. Signed by Honorable P. K. Holmes III on January 24, 2023. Motions referred to Mark E. Ford.(jas)
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Filing 32
Joint MOTION to Seal to File Exhibits Under Seal by AmerisourceBergen Drug Corporation. (Fortson, Grant)
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Filing 31
TEXT ONLY ORDER re #29 Affidavit - Proof of Service filed by Manes' Pharmacy, Inc.: [D]isclosures under Rule 26(a)(1) or (2) and the following discovery responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission. Fed. R. Civ. P. 5(d)(1)(A) (emphasis added). The Court has not ordered filing in this case.Pursuant to Rule 5(d)(1)(B)(ii), if the paper is not filed, a certificate of service need not be filed unless filing is required by court order or local rule. Neither a court order nor a local rule requires filing in this case. Signed by Honorable P. K. Holmes III on January 23, 2023. (jas)
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Filing 30
TEXT ONLY ORDER Setting Hearing on #5 MOTION for Temporary Restraining Order and Preliminary Injunction: Motion Hearing RE-SET for 1/24/2023 11:00 AM in Fort Smith -- 3rd flr (Rm 310) before Honorable Mark E. Ford. Signed by Honorable P. K. Holmes III on January 23, 2023. (jas)
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Filing 29
AFFIDAVIT filed by Manes' Pharmacy, Inc. Proof of Service of Subpoena Duces Tecum for trial testimony of John Kirtley, PharmD. (Vereen, William)
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Filing 28
ORDER granting #27 Motion for Protective Order. Signed by Honorable P. K. Holmes III on January 17, 2023. (jlm)
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Filing 27
Joint MOTION for Protective Order by Manes' Pharmacy, Inc.. (Attachments: #1 Proposed Stipulated Protective Order)(Vereen, William)
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Filing 26
TEXT ONLY ORDER re #25 Notice of Subpoena filed by Manes' Pharmacy, Inc.: [D]isclosures under Rule 26(a)(1) or (2) and the following discovery responses must not be filed until they are used in the proceeding or the court orders filing: depositions, interrogatories, requests for documents or tangible things or to permit entry onto land, and requests for admission. Fed. R. Civ. P. 5(d)(1)(A) (emphasis added). The Court has not ordered filing in this case. Signed by Honorable P. K. Holmes III on January 5, 2023. (jas)
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Filing 25
NOTICE by Manes' Pharmacy, Inc. of Subpoena (Vereen, William)
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Filing 24
TEXT ONLY ORDER Setting/Resetting Hearings: Motion Hearing RE-SET for 1/24/2023 10:00 AM in Fort Smith -- 3rd flr (Rm 310) before Honorable P. K. Holmes III. Signed by Honorable P. K. Holmes III on December 28, 2022. (jas)
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Filing 23
ANSWER to #4 Complaint Defendant Amerisourcebergen Drug Corporation's Answer And Affirmative Defenses To Plaintiff's Complaint by AmerisourceBergen Drug Corporation.(Fortson, Grant)
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Filing 22
ORDER granting #21 Motion for Limited, Expedited Discovery. See Order for specifics. Signed by Honorable P. K. Holmes III on December 21, 2022. (jlm)
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Filing 21
Joint MOTION Of Plaintiff and Defendant For Limited, Expedited Discovery In Advance of The January 25, 2023 Evidentiary Hearing by AmerisourceBergen Drug Corporation. (Fortson, Grant)
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Filing 20
TEXT ONLY ORDER Setting/Resetting Hearings: Motion Hearing RE-SET for 1/25/2023 01:30 PM in Fort Smith -- 3rd flr (Rm 310) before Honorable P. K. Holmes III. Signed by Honorable P. K. Holmes III on December 16, 2022. (jas)
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Filing 19
NOTICE of Appearance by Brian T Himmel on behalf of AmerisourceBergen Drug Corporation. (Himmel, Brian)
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Filing 18
TEXT ONLY ORDER Setting/Resetting Hearings: Motion Hearing set for 1/10/2023 10:00 AM in Fort Smith -- 3rd flr (Rm 310) before Honorable P. K. Holmes III. Signed by Honorable P. K. Holmes III on December 14, 2022. (jas)
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Filing 17
OPINION AND ORDER re #5 MOTION for Temporary Restraining Order and preliminary injunction filed by Manes' Pharmacy, Inc.. Plaintiff Manes' Pharmacy, Inc.'s motion for temporary restraining order and preliminary injunction is DENIED IN PART with respect to Manes' request for a temporary restraining order. IT IS FURTHER ORDERED that the Court will DEFER RULING on Manes' request for a preliminary injunction. An evidentiary hearing on Manes' request for a preliminary injunction will be set by separate order. Signed by Honorable P. K. Holmes III on December 9, 2022. (mjm)
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Filing 16
RESPONSE IN OPPOSITION TO Motion re #5 MOTION for Temporary Restraining Order filed by AmerisourceBergen Drug Corporation. (Attachments: #1 Exhibit 1 Declaration of Duane Stickles, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit 2 - Declaration of Canuto Sanchez)(Fortson, Grant)
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Filing 15
NOTICE of Appearance by Cliff Breese, III on behalf of AmerisourceBergen Drug Corporation. (Breese, Cliff)
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Filing 14
NOTICE of Appearance by Bill D. Reynolds on behalf of All Plaintiffs. (Reynolds, Bill)
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Filing 13
TEXT ONLY ORDER granting #12 Motion to Appear Pro Hac Vice. Clifford Breese is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable P. K. Holmes III on December 7, 2022. (mc)
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Filing 12
MOTION for Attorney Clifford Breese to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2698857) by AmerisourceBergen Drug Corporation. (Fortson, Grant)
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Filing 11
AFFIDAVIT of Service for Complaint w/Exhibits A-J, Summons, Mot for TRO/PI, Brief in Support, proposed order, letter to court, letter to registered agent, filed by All Plaintiffs. AmerisourceBergen Drug Corporation served on 12/6/2022, answer due 12/27/2022. (Vereen, William)
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Filing 10
NOTICE of Appearance by William Spencer Vereen on behalf of All Plaintiffs. (Vereen, William)
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Filing 9
TEXT ONLY ORDER granting #8 Motion to Appear Pro Hac Vice. Brian Himmel is directed to immediately register for Pro Hac Vice filer access through PACER and enter his appearance in this matter. Signed by Honorable P. K. Holmes III on December 7, 2022. (mc)
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Filing 8
MOTION for Attorney Brian Himmel to Appear Pro Hac Vice (PHV Application fee paid $ 100; receipt number AARWDC-2698187) by AmerisourceBergen Drug Corporation. (Fortson, Grant)
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Filing 7
ORDER DIRECTING that Defendant file a response to #5 MOTION for Temporary Restraining Order and Preliminary Injunction by Manes' Pharmacy, Inc.. Response due by 12/9/2022. Signed by Honorable P. K. Holmes III on December 6, 2022. (mjm) Modified on 12/9/2022 to edit text (mjm).
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Filing 6
MEMORANDUM BRIEF in Support of #5 MOTION for Temporary Restraining Order and Preliminary Injunction by Manes' Pharmacy, Inc..(Originally filed on 12/2/2022 in the Circuit Court of Crawford County) (mjm) Modified on 12/9/2022 to edit text (mjm).
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Filing 5
MOTION for Temporary Restraining Order and Preliminary Injunction by Manes' Pharmacy, Inc.. (Originally filed on 12/2/2022 in the Circuit Court of Crawford County) (mjm) Modified on 12/9/2022 to edit text (mjm).
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Filing 4
STATE COURT COMPLAINT with Jury Demand against AmerisourceBergen Drug Corporation, filed by Manes' Pharmacy, Inc.. (Originally filed in the Circuit Court of Crawford County on 12/2/2022)(mjm) Modified on 12/9/2022 to edit text (mjm).
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Filing 3
Magistrate Notice/Consent Form. (mjm)
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Filing 2
NOTICE OF REMOVAL from Circuit Court of Crawford County, case number 17CV-22-586., filed by AmerisourceBergen Drug Corporation. (Attachments: #1 Exhibit 1: Declaration, #2 Exhibit 2: State Court Pleadings)(mjm)
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Filing 1
CIVIL COVER SHEET by AmerisourceBergen Drug Corporation. (mjm)
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CLERK'S NOTICE REGARDING FILING FEE. The following document was received and filed without the appropriate filing fee: #2 Notice of Removal. You MUST pay the filing fee of $ 402.00 or file a motion to proceed In Forma Pauperis, if appropriate, within 2 business days.If the proper fees or motion are not received for case initiating documents, your case may be subject to dismissal.Present your payment to the appropriate Divisional Office or Pay Online, using the Civil -> Other Documents -> Filing Fee Submitted event. Filing Fee due by 12/8/2022.(mjm)
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Notice of Removal filing fee paid re Clerk's Notice Regarding Filing Fee,, : $ 402, receipt number AARWDC-2697853.. (Fortson, Grant)
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TEXT ONLY CLERK'S NOTICE: The following attorney listed on #4 STATE COURT Complaint is not registered for CM/ECF noticing and filing in the Western District of Arkansas:Meredith Latenser. An attorney can register through PACER for a CM/ECF login and password if they are admitted to practice in the U.S. District Courts for the Eastern and Western Districts of Arkansas or are admitted pro hac vice for this case. Any non-registered attorney should submit the proper attorney admission petition or file an appropriate motion. Please refer to our website http://www.arwd.uscourts.gov/attorney-information for further information. (mjm)
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