Lynch v. Express Scripts Holding Company
| Jonathan Lynch |
| Express Scripts Holding Company |
| 3:2023cv01170 |
| March 15, 2023 |
| US District Court for the Northern District of California |
| Araceli Martinez-Olguin |
| Joseph C Spero |
| Other Statutory Actions |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.
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| Filing 39 REPLY in Support (re #34 MOTION to Dismiss Plaintiff's First Amended Complaint; Memorandum of Points and Authorities) filed by Express Scripts Holding Company. (Cheung, Tiffany) (Filed on 10/25/2023) |
| Filing 38 OPPOSITION/RESPONSE (re #34 MOTION to Dismiss Plaintiff's First Amended Complaint; Memorandum of Points and Authorities ) filed byJonathan Lynch. (Fisher, L.) (Filed on 10/11/2023) |
Filing 37
Order (as modified by the Court) Granting #36 Stipulation To Modify Briefing Schedule and Continue Case Management Conference. Opposition to Motion to Dismiss due by 10/11/2023. Reply in support of motion to dismiss due by 10/25/2023. Case Management Statement due by 2/8/2024. Initial Case Management Conference set for 2/15/2024 10:00 AM. Signed by Judge Araceli Martinez-Olguin on September 21, 2023. (amolc1, COURTSTAFF) (Filed on 9/21/2023)
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| Filing 36 STIPULATION AND [PROPOSED] ORDER MODIFYING BRIEFING SCHEDULE AND CONTINUING THE CASE MANAGEMENT CONFERENCE filed by Jonathan Lynch. (Swigart, Joshua) (Filed on 9/20/2023) |
| Filing 35 Request for Judicial Notice re #34 MOTION to Dismiss Plaintiff's First Amended Complaint; Memorandum of Points and Authorities filed byExpress Scripts Holding Company. (Attachments: #1 Proposed Order)(Related document(s) #34 ) (Cheung, Tiffany) (Filed on 9/13/2023) |
| Filing 34 MOTION to Dismiss Plaintiff's First Amended Complaint; Memorandum of Points and Authorities filed by Express Scripts Holding Company. Motion Hearing set for 1/11/2024 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. Responses due by 9/27/2023. Replies due by 10/4/2023. (Attachments: #1 Declaration of Tiffany Cheung, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Declaration of Matthew Edwards, #8 Exhibit A, #9 Exhibit B, #10 Exhibit C, #11 Exhibit D, #12 Exhibit E, #13 Proposed Order Granting Express Scripts Holding Companys Motion to Dismiss Plaintiffs First Amended Complaint)(Cheung, Tiffany) (Filed on 9/13/2023) |
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Filing 33
Order by Judge Araceli Martinez-Olguin granting #32 Stipulation (1) Extending Time to Respond to First Amended Complaint; (2) Vacating Deadline to File Joint Case Management Statement; (3) Setting Initial Case Management Conference; and (4) Denying Defendant's Motion to Dismiss as Moot. Initial Case Management Conference set for 10/26/2023 at 10:00 AM in San Francisco, Courtroom 10, 19th Floor.(ads, COURT STAFF) (Filed on 7/26/2023)
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| Filing 32 STIPULATION WITH PROPOSED ORDER 1) Exteding Time to Respond to First Amended Complaint; 2) Vacating Deadline to File Joint Case Management Statement; 3) Setting Initial Case Management Conference; and 4) Denying Defendant's Motion to Dismiss as Moot filed by Express Scripts Holding Company. (Cheung, Tiffany) (Filed on 7/26/2023) |
| Filing 31 First Amended Class Action Complaint; Jury Trial Demanded against Express Scripts Holding Company. Filed by Jonathan Lynch. (Attachments: #1 Exhibit A - Redlined Complaint)(Fisher, L.) (Filed on 7/24/2023) |
| Filing 30 Clerk's Notice Scheduling #24 Motion Hearing. Motion Hearing set for 10/26/2023 at 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) (Filed on 6/30/2023) |
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Filing 29
Order by Judge Araceli Martinez-Olguin granting #27 Stipulation RE Response Deadline on Defendant's Motion to Dismiss. Plaintiff's amended complaint or opposition to Defendant's Motion to Dismiss due by 7/24/2024. (ads, COURT STAFF) (Filed on 6/21/2023)
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Filing 28
Order by Judge Araceli Martinez-Olguin granting #26 Motion for Pro Hac Vice as to Peter Francis Barry. (ads, COURT STAFF) (Filed on 6/21/2023)
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| Filing 27 STIPULATION WITH PROPOSED ORDER Re: Response Deadline on Defendant's Motion to Dismiss filed by Jonathan Lynch. (Attachments: #1 Declaration of L. Timothy Fisher)(Fisher, L.) (Filed on 6/16/2023) |
| Filing 26 MOTION for leave to appear in Pro Hac Vice for Peter Francis Barry ( Filing fee $ 317, receipt number ACANDC-18364009.) filed by Jonathan Lynch. (Attachments: #1 Exhibit Certificate of Good Standing - Minnesota)(Barry, Peter) (Filed on 6/15/2023) |
| Filing 25 Request for Judicial Notice in Support of re #24 MOTION to Dismiss Plaintiff's Class Action Complaint filed by Express Scripts Holding Company. (Attachments: #(1) [Proposed] Order)(Related document(s) #24 ) (Cheung, Tiffany) (Filed on 6/9/2023) |
| Filing 24 MOTION to Dismiss Plaintiff's Class Action Complaint filed by Express Scripts Holding Company. Motion Hearing set for 8/30/2023 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. Responses due by 6/23/2023. Replies due by 6/30/2023. (Attachments: #1 Declaration of Matthew Edwards, #2 Exhibit A to the Declaration of Matthew Edwards, #3 Declaration of Tiffany Cheung, #4 Exhibit A to the Declaration of Tiffany Cheung, #5 Exhibit B to the Declaration of Tiffany Cheung, #6 Exhibit C to the Declaration of Tiffany Cheung, #7 Exhibit D to the Declaration of Tiffany Cheung, #8 Exhibit E to the Declaration of Tiffany Cheung, #9 Exhibit F to the Declaration of Tiffany Cheung, #10 Exhibit G to the Declaration of Tiffany Cheung, #11 Proposed Order)(Cheung, Tiffany) (Filed on 6/9/2023) |
| Filing 23 NOTICE of Appearance by Jenna Louise Gavenman (Gavenman, Jenna) (Filed on 6/9/2023) |
| Filing 22 NOTICE of Appearance by L. Timothy Fisher (Fisher, L.) (Filed on 6/9/2023) |
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Filing 21
Order by Judge Araceli Martinez-Olguin granting #20 Stipulation Vacating Deadline to File Joint Case Management Statement and Re-Setting Initial Case Management Conference. Case Management Statement due by 8/10/2023. Case Management Conference set for 8/17/2023 10:00 AM in San Francisco, Courtroom 10, 19th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) (Filed on 5/30/2023)
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| Filing 20 STIPULATION WITH PROPOSED ORDER Vacating May 31 Deadline to File Joint Case Management Statement and Setting Initial Case Management Conference filed by Express Scripts Holding Company. (Attachments: #1 Declaration of Tiffany Cheung)(Cheung, Tiffany) (Filed on 5/26/2023) |
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Filing 19
Order by Judge Araceli Martinez-Olguin granting #18 Motion for Pro Hac Vice as to Elisabeth A. Hutchinson.(ads, COURT STAFF) (Filed on 5/25/2023)
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| Filing 18 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18298300.) filed by Express Scripts Holding Company. (Attachments: #1 Certificate of Good Standing)(Hutchinson, Elisabeth) (Filed on 5/24/2023) |
| Filing 17 Case Reassigned to District Judge Araceli Martinez-Olguin. Judge Yvonne Gonzalez Rogers no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (jrs, COURT STAFF) (Filed on 5/11/2023) |
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Filing 16
ORDER REASSIGNING CASE.IT IS ORDERED that this case is reassigned to the Honorable Araceli Martinez-Olguin in the San Francisco division for all further proceedings.1. All future filings shall bear the initials AMO immediately after the case number.2. All case management conference dates are vacated and will be reset by the Court.3. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged. Motions must be RENOTICED for hearing before Judge Martinez-Olguin by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged. 5. All pretrial conference and trial dates currently set after August 18, 2023, and all other deadlines associated with the case, will remain in place unless otherwise ordered. 6. All pretrial conference and trial dates scheduled on or before August 18, 2023, are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases. 7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice. 8. On or before May 31, 2023, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlined in the #Standing Order for All Judges of the Northern District. The approved form for such statements can be accessed # here. A Joint Case Management Statement is not required in prisoner cases in which the prisoner plaintiff/petitioner is not represented by counsel. IT IS SO ORDERED. Dated: 5/10/2023 FOR THE EXECUTIVE COMMITTEE Mark B. Busby, Clerk of Court (ecg-adi, COURT STAFF) (Filed on 5/10/2023)
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| Filing 15 CLERK'S NOTICE RE: DOCKET NO. #14 .The 8/14/2023 proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ygr General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.)(eac, COURT STAFF) (Filed on 4/12/2023) |
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Filing 14
ORDER GRANTING #13 Stipulation CONTINUING INITIAL CASE MANAGEMENT CONFERENCE by Judge Yvonne Gonzalez Rogers . Joint Case Management Statement due by 8/7/2023. Initial Case Management Conference set for 8/14/2023 02:00 PM, - Videoconference Only. (eac, COURT STAFF) (Filed on 4/10/2023). Modified on 4/11/2023 to edit docket text (eac, COURT STAFF).
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| Filing 13 STIPULATION WITH PROPOSED ORDER Stipulation And [Proposed] Order Continuing Initial Case Management Conference filed by Express Scripts Holding Company. (Cheung, Tiffany) (Filed on 4/7/2023) |
| Filing 12 NOTICE of Appearance by Whitney Rose O'Byrne (O'Byrne, Whitney) (Filed on 4/7/2023) |
| Filing 11 STIPULATION Stipulation To Extend Time For Defendant To Respond To Complaint filed by Express Scripts Holding Company. (Cheung, Tiffany) (Filed on 4/7/2023) |
| Filing 10 Corporate Disclosure Statement by Express Scripts Holding Company identifying Corporate Parent The Cigna Group for Express Scripts Holding Company. Defendant Express Scripts Holding Company's Corporate Disclosure Statement And Certification Of Interested Entities Or Persons (Cheung, Tiffany) (Filed on 4/7/2023) |
| Filing 9 NOTICE of Appearance by Tiffany Cheung (Cheung, Tiffany) (Filed on 4/7/2023) |
| Filing 8 CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 6/19/2023. Initial Case Management Conference set for 6/26/2023 02:00 PM. The 6/26/2023 proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ygr General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (ndr, COURT STAFF) (Filed on 3/20/2023) |
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Filing 7
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Yvonne Gonzalez Rogers for all further proceedings. Magistrate Judge Joseph C. Spero no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 3/20/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(ark, COURT STAFF) (Filed on 3/20/2023)
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| Filing 6 CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (klh, COURT STAFF) (Filed on 3/20/2023) |
| Filing 5 NOTICE by Jonathan Lynch of Consent/Decline Magistrate Jurisdiction (Swigart, Joshua) (Filed on 3/17/2023) |
| Filing 4 Summons Issued as to Express Scripts Holding Company. (tn, COURT STAFF) (Filed on 3/16/2023) |
| Filing 3 Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 6/9/2023. Initial Case Management Conference set for 6/16/2023 at 2:00 PM in San Francisco, Courtroom F, 15th Floor. (tn, COURT STAFF) (Filed on 3/16/2023) |
| Filing 2 Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/29/2023. (ark, COURT STAFF) (Filed on 3/15/2023) |
| Filing 1 CLASS ACTION COMPLAINT FOR DAMAGES FOR VIOLATIONS OF: 1. THE WIRETAP ACT, 18 U.S.C. 2510 ET SEQ; 2. THE CALIFORNIA INVASION OF PRIVACY ACT, CAL. PEN. CODE 631; 3. VIOLATION OF THE CALIFORNIA CONFIDENTIALITY OF MEDICAL INFORMATION ACT, CAL. CIV. CODE 56, ET SEQ.; 4. VIOLATION OF THE CALIFORNIA CONSUMER PRIVACY ACT, CAL. CIV. CODE 1798.100, ET SEQ.; JURY TRIAL DEMANDED against Jonathan Lynch, (Filing Fee: $402.00, receipt number ACANDC-18077027). Filed by Jonathan Lynch. (Attachments: #1 Proposed Summons, #2 Civil Cover Sheet Civil Cover Sheet)(Swigart, Joshua) (Filed on 3/15/2023) Modified on 3/16/2023 (tn, COURT STAFF). |
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