WholeRx Inc. v. Cardinal Health, Inc. et al
| WholeRx Inc. dba Porter Ranch Pharmacy and WholeRx Inc. a California corporation doing business as Porter Ranch Pharmacy |
| Cardinal Health, Inc., Cardinal Health 110, LLC, Cardinal Health 112, LLC, Leader Drug Stores, Inc. dba Leadernet, 1-10 DOES, Leader Drug Stores, Inc. doing business as Leadernet and Does 1 through 20, inclusive |
| 2:2022cv04498 |
| June 30, 2022 |
| US District Court for the Central District of California |
| Andre Birotte |
| Steve Kim |
| Karen L Stevenson |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal - Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 22, 2023. A more recent docket listing may be available from PACER.
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| Filing 48 JUDGMENT by Judge Andre Birotte Jr.: In light of the Court's Order granting Defendants' Motion to Dismiss #46 , it is ORDERED, ADJUDGED, AND DECREED that Judgment is entered in favor of Defendants and against Plaintiff on all claims in the Complaint and all claims are dismissed WITH PREJUDICE and without leave to amend. Defendants shall recover their costs. (MD JS-6, Case Terminated). (gk) |
| Filing 47 NOTICE OF LODGING filed /Defendants' Notice of Lodging of [Proposed] Judgment re NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) #30 , Order on Motion to Dismiss, #46 (Attachments: #1 Exhibit A - Proposed Judgment)(Berle, Joelle) |
Filing 46
MINUTES (IN CHAMBERS) ORDER GRANTING DEFENDANTS' MOTION TO DISMISS by Judge Andre Birotte Jr.: Defendants' Motion to Dismiss #30 is GRANTED WITH PREJUDICE and without leave to amend. Defendants shall file a proposed Judgment within five days of this Order. Plaintiff may have five days thereafter to object as to form. All hearing dates are vacated. Court Reporter: N/A. (gk)
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Filing 45
(IN CHAMBERS) ORDER TAKING DEFENDANTS' MOTION TO DISMISS #30 UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on January 27, 2023, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 44
ORDER CONTINUING SCHEDULING CONFERENCE by Judge Andre Birotte Jr.: Based on the parties' Stipulation #43 , the Court ORDERS the Scheduling Conference is continued to 3/3/2023 at 10:00 AM before Judge Andre Birotte Jr. The parties shall file a Revised Schedule of Pretrial and Trial Dates Worksheet by 2/22/2023. All discovery remains stayed pending the Court's ruling on Defendants' Motion to Dismiss #30 . (gk)
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| Filing 43 Joint STIPULATION to Continue Scheduling Conference Set for January 13, 2023 filed by Defendants Cardinal Health, Inc., Cardinal Health 110, LLC, Cardinal Health 112, LLC and Leader Drug Stores, Inc. Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc.. (Attachments: #1 Proposed Order)(Tucker, Robert) |
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Filing 42
(IN CHAMBERS) ORDER CONTINUING DEFENDANTS MOTION TO DISMISS #30 by Judge Andre Birotte Jr.: The hearing date regarding this motion is continued from December 2, 2022, to January 27, 2023, at 10:00 AM before Judge Andre Birotte Jr. SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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Filing 41
ORDER STAYING DISCOVERY PENDING RULING ON MOTION TO DISMISS #40 by Judge Andre Birotte Jr. The Court approves the parties stipulation, and ORDERS: 1. The parties Fed. R. Civ. P. 26(a) initial disclosure is due October 24, 2022; 2. All other discovery is stayed pending the Courts ruling on Defendants motion to dismiss. (See ECF No. 30). 3. The Scheduling Conference is CONTINUED to January 13, 2023. The parties must file a Revised Schedule of Pretrial and Trial Dates Worksheet by January 5, 2023. IT IS SO ORDERED. (rolm)
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| Filing 40 Joint STIPULATION for Order to Stay Discovery Pending Ruling on Motion to Dismiss filed by Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc.. (Attachments: #1 Proposed Order)(Berle, Joelle) |
| Filing 39 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 4 days, filed by Plaintiff WholeRx Inc... (McCulloch, Marc) |
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Filing 38
(IN CHAMBERS) ORDER CONTINUING DEFENDANTS' MOTION TO DISMISS #30 by Judge Andre Birotte Jr. The hearing date regarding this motion is continued from October 7, 2022 to December 2, 2022, at 10:00 AM before Judge Andre Birotte Jr. SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb) TEXT ONLY ENTRY
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| Filing 37 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) #30 /Request for Judicial Notice in Support of Defendants' Reply to Plaintiff's Opposition to Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) [Relates to Dkt. No. 36] filed by Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc.. (Berle, Joelle) |
| Filing 36 REPLY to Plaintiff's Opposition to Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) #30 filed by Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc.. (Berle, Joelle) |
| Filing 35 MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) #30 filed by Plaintiff WholeRx Inc.. (Attachments: #1 Proposed Order [PROPOSED] ORDER DENYING DEFENDANTS MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(6))(McCulloch, Marc) |
| Filing 34 NOTICE OF LODGING filed /Notice of Lodgment of "[Proposed] Order Re: Defendants' Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6)" re NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) #30 (Attachments: #1 Proposed Order)(Berle, Joelle) |
| Filing 33 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN FILED DOCUMENT RE: NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) #30 by Judge Andre Birotte Jr. Counsel shall immediately file a Proposed Order and email a Microsoft Word version of the Proposed Order to the chambers email address. (rolm) |
| Filing 32 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) #30 . The following error(s) was/were found: Proposed document was not submitted or was not submitted as a separate attachment. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
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Filing 31
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 11/4/2022 at 10:00 AM before Judge Andre Birotte Jr. (cb)
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| Filing 30 NOTICE OF MOTION AND MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc.. Motion set for hearing on 10/7/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum of Points and Authorities in Support of Defendants Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(6), #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Berle, Joelle) |
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Filing 29
ORDER DENYING PLAINTIFF'S MOTION FOR REMAND by Judge Andre Birotte Jr.: The hearing on Plaintiff's Motion for Remand #21 is VACATED and the Motion is DENIED. (gk)
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| Filing 28 OPPOSITION to NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #21 /Defendants' Response to Plaintiff's Evidentiary Objections to Evidence Submitted with Opposition to Plaintiff's Motion to Remand filed by Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc.. (Berle, Joelle) |
| Filing 27 WHOLERX INC. DBA PORTER RANCH PHARMACYS EVIDENTIARY OBJECTIONS TO PROFFER OF PORTIONS OF EVIDENCE BY DEFENDANTS ISO OF DEFENDANTS OPPOSITION TO MOTION TO REMAND re NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #21 filed by Plaintiff WholeRx Inc.. (McCulloch, Marc) |
| Filing 26 REPLY In Support Of NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #21 filed by Plaintiff WholeRx Inc.. (McCulloch, Marc) |
| Filing 25 CORPORATE DISCLOSURE STATEMENT /Defendants' Corporate Disclosure Statement Pursuant to Federal Rules of Civil Procedure, Rule 7.1 filed by Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc. identifying Cardinal Health, Inc. as Corporate Parent. (Berle, Joelle) |
| Filing 24 Opposition Opposition re: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #21 /Defendants' Opposition to Plaintiffs' Motion to Remand filed by Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc.. (Attachments: #1 Declaration of Chris Clayton in Support of Defendants' Opposition to Plaintiff's Motion to Remand, #2 Declaration of Joseph E. Ezzie in Support of Defendants' Opposition to Plaintiff's Motion to Remand, #3 Declaration of Robert J. Tucker in Support of Defendants' Opposition to Plaintiff's Motion to Remand)(Berle, Joelle) |
| Filing 23 NOTICE of Interested Parties filed by Plaintiff WholeRx Inc., identifying WholeRx, Inc.. (McCulloch, Marc) |
| Filing 22 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court #21 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) |
| Filing 21 NOTICE OF MOTION AND MOTION to Remand Case to Los Angeles Superior Court filed by Plaintiff WholeRx Inc.. Motion set for hearing on 8/19/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS NOTICE OF MOTION AND MOTION FOR REMAND TO SUPERIOR COURT OF CALIFORNIA, #2 Proposed Order [PROPOSED] ORDER GRANTING PLAINTIFFS MOTION FOR REMAND TO SUPERIOR COURT OF CALIFORNIA) (McCulloch, Marc) |
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Filing 20
ORDER by Judge Andre Birotte Jr. Granting Application of Non-Resident Attorney Robert J. Tucker to Appear Pro Hac Vice on behalf of Defendants Cardinal Health, Inc., Cardinal Health 110, LLC, Cardinal Health 112, LLC, and Leader Drug Stores, Inc. dba LeaderNet, designating Joelle A. Berle as local counsel #18 . (gk)
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Filing 19
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Andre Birotte Jr. APPLICATION to Appear Pro Hac Vice on behalf of Defendants Cardinal Health, Inc., Cardinal Health 110, LLC, Cardinal Health 112, LLC. and Leader Drug Stores, Inc. dba LeaderNet, designating Joelle A. Berle as local counsel. granting #13 Non-Resident Attorney Joseph E. Ezzie (rolm)
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| Filing 18 APPLICATION of Non-Resident Attorney Robert J. Tucker to Appear Pro Hac Vice on behalf of Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33631557) filed by Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc.. (Attachments: #1 Proposed Order) (Berle, Joelle) |
| Filing 17 PROOF OF SERVICE filed by Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc., re Initial Order upon Filing of Complaint - form only #16 served on July 13, 2022. (Berle, Joelle) |
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Filing 16
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (dbe)
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| Filing 15 NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Joseph E. Ezzie to Appear Pro Hac Vice on behalf of Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. #13 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): Please note that electronic, image or stamp signatures are not allowed for either applicant or local counsel. See Instructions for Applicants (1). (lt) |
| Filing 14 Defendants' WAIVER OF SERVICE Returned Executed filed by Plaintiff WholeRx Inc.. upon All Defendants. Waiver of Service signed by Joelle A. Berle. (McCulloch, Marc) |
| Filing 13 APPLICATION of Non-Resident Attorney Joseph E. Ezzie to Appear Pro Hac Vice on behalf of Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-33615236) filed by Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc.. (Attachments: #1 Proposed Order) (Berle, Joelle) |
| Filing 12 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Steve Kim to Judge Andre Birotte Jr for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Karen L. Stevenson. The case number will now reflect the initials of the transferee Judges 2:22-cv-04498 AB(KSx). (rn) |
| Filing 11 DECLINED STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff WholeRx Inc.. (McCulloch, Marc) |
| Filing 10 PROOF OF SERVICE filed by Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc., re Reminder Notice to Counsel (CV-14) re MJ Civil Consent Pilot Project - optional html form, #9 served on 7/7/2022. (Berle, Joelle) |
| Filing 9 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (hr) |
| Filing 8 DEMAND for Jury Trial filed by Plaintiff WholeRx Inc... (McCulloch, Marc) |
| Filing 7 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Robert J. Tucker. 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. (sh) |
| Filing 6 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Joseph E. Ezzie. 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. (sh) |
| Filing 5 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Steve Kim. (sh) |
| Filing 4 CERTIFICATE OF SERVICE filed by Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc. dba Leadernet, /Certificate of Service of Notice to Plaintiff of Removal served on 6/30/2022. (Berle, Joelle) |
| CONFORMED E-FILED COPY OF Summons and Complaint against Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Does, Leader Drug Stores, Inc. Jury Demanded., filed by Plaintiff WholeRx Inc.[FILED IN STATE COURT 06/23/2022 SUBMITTED AS ATTACHMENT NO. 1 EXHIBIT A TO THE NOTICE OF REMOVAL #1 ] (sh) |
| Filing 3 CERTIFICATE of Interested Parties filed by Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc. dba Leadernet, identifying Cardinal Health, Inc., Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health 130, LLC, Leader Drug Stores, Inc. dba LeaderNet. (Berle, Joelle) |
| Filing 2 CIVIL COVER SHEET filed by Defendants Cardinal Health 110, LLC, Cardinal Health 112, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc. dba Leadernet. (Berle, Joelle) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of California, County of Los Angeles, case number 22STCV20506 Receipt No: ACACDC-33561565 - Fee: $402, filed by Defendants Cardinal Health 112, LLC, Cardinal Health 110, LLC, Cardinal Health, Inc., Leader Drug Stores, Inc. dba Leadernet. (Attachments: #1 Exhibit A - Summons and Complaint etc) (Attorney Joelle A Berle added to party Cardinal Health 110, LLC(pty:dft), Attorney Joelle A Berle added to party Cardinal Health 112, LLC(pty:dft), Attorney Joelle A Berle added to party Cardinal Health, Inc.(pty:dft), Attorney Joelle A Berle added to party Leader Drug Stores, Inc. dba Leadernet(pty:dft))(Berle, Joelle) |
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