Government of Puerto Rico v. CaremarkPCS Health, LLC, et al
| ELI LILLY AND COMPANY, ELI LILLY EXPORT S.A., NOVO NORDISK INC., SANOFI-AVENTIS U.S., LLC, SANOFI-AVENTIS PUERTO RICO INC., OPTUMRX, INC. and EXPRESS SCRIPTS, INC. |
| COMMONWEALTH OF PUERTO RICO |
| CAREMARK PUERTO RICO, LLC and CAREMARKPCS HEALTH, LLC |
| 23-1613 |
| July 27, 2023 |
| U.S. Court of Appeals, First Circuit |
| Other Statutory Actions |
Docket Report
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ORDER entered by Lara E. Montecalvo, Appellate Judge: The request to expedite the appeal is denied, without prejudice to any defendant-appellant filing an opening brief earlier than the current deadline, or to the preparation or submission of a joint opening brief. Given the interests at stake in these appeals, we will disfavor any requests to extend any briefing deadline. If we deem oral argument necessary, oral argument will be scheduled without undue delay. [23-1612, 23-1613] (AL) [Entered: 09/15/2023 12:51 PM]
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| RESPONSE filed by Appellant Express Scripts, Inc. in 23-1612, Not Party Express Scripts, Inc. in 23-1613 to to expedite [ # 6589388-2 ]. Served on 09/11/2023. [23-1612, 23-1613] (PH) [Entered: 09/11/2023 01:27 PM] |
| RESPONSE filed by Appellee Commonwealth of Puerto Rico in 23-1613, 23-1612 to [ # 6589388-2 ]. Served on 09/11/2023. [23-1613, 23-1612] (LMB) [Entered: 09/11/2023 04:20 PM] |
| MOTION to expedite Appeal filed by Appellants CaremarkPCS Health, LLC and Caremark Puerto Rico, LLC in 23-1613, Not Parties Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC in 23-1612. Served on 09/05/2023. [23-1613, 23-1612] (EAZ) [Entered: 09/05/2023 09:07 PM] |
| BRIEFING schedule set. Brief and Appendix due 10/10/2023 for appellant Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC. Pursuant to F.R.A.P. 31(a), appellee's brief will be due 30 days following service of appellant's brief and appellant's reply brief will be due 21 days following service of appellee's brief. [23-1613] (AL) [Entered: 08/31/2023 04:08 PM] |
| NOTICE issued. The following attorneys have failed to register for an appellate ECF account and will no longer receive notice of court issued documents in this case: Raymond Kennon Poteat, William Coglianese, Jason Fel, Shirlethia Franklin, Arturo L.B. Hernandez-Gonzalez, Ian Hogg, James F. Hurst, Adrian Jimenez-Torres, Theresa Coughlin Martin, Ryan Moorman, Neal A. Potischman, James P. Rouhandeh, Diana Watral and Andrew Yaphe. [23-1613] (AL) [Entered: 08/31/2023 03:54 PM] |
| COURTESY COPY of reply [ # 6587409-2 ] filed by Appellant Express Scripts, Inc. in 23-1612, 23-1613. [23-1612, 23-1613] (AL) [Entered: 08/31/2023 02:04 PM] |
| NOTICE of appearance on behalf of Appellee Commonwealth of Puerto Rico filed by Attorney Louis Bograd. Served on 08/30/2023. [23-1613] (LMB) [Entered: 08/30/2023 03:42 PM] |
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ORDER entered by Gustavo A. Gelp , Appellate Judge; Lara E. Montecalvo, Appellate Judge and Julie Rikelman, Appellate Judge: These two appeals come to us from the same proceeding in the District Court for the District of Puerto Rico. There were two notices of appeal, leading to the opening of Appeal Nos. 23-1612 and 23-1613. The appeals concern the district court's grant of a motion to remand to a Puerto Rico court of first instance, denial of a motion to stay that remand, and subsequent transmittal letter remanding the case to the Puerto Rico court. Now before the court are two motions. First, Defendant-Appellants CaremarkPCS Health, L.L.C., and Caremark Puerto Rico, L.L.C., filed an ". . . Emergency Motion to Stay Pending Appeal," requesting relief by August 30. Then, Defendant-Appellant Express Scripts, Inc., filed a "Motion to Order the Recall of the Remanded Case Pending Appeal." These two motions are framed somewhat differently, but each motion is geared toward having this court halt and/or reverse the remand to Puerto Rico court. After careful review, we conclude that the moving parties have not demonstrated entitlement to the relief sought. See Akebia Therapeutics, Inc. v. Azar , 976 F.3d 86, 92 (1st Cir. 2020) (noting, when evaluating the four stay/injunction factors in the context of a preliminary injunction, that "[i]f the movant fails to demonstrate a likelihood of success on the merits, the remaining elements are of little consequence"); see also Moore v. Elec. Boat Corp. , 25 F.4th 30, 34-38 (1st Cir. 2022) (examining 28 U.S.C. 1442(a)(1) and precedent related thereto); Woo v. Spackman , 988 F.3d 47, 53 (1st Cir. 2021) ("[T]he burden of establishing jurisdiction must fall to the party who asserts it."). The motions are DENIED , without prejudice to reassertion of any relevant arguments in merits briefing. Any party planning to move to expedite should do so promptly. [23-1612, 23-1613] (AL) [Entered: 08/29/2023 03:58 PM]
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| REPLY filed by Appellant Express Scripts, Inc. in 23-1612 to [ # 6586038-2 ]. Served on 08/25/2023. [23-1612, 23-1613] (JRS) [Entered: 08/25/2023 03:44 PM] |
| LETTER regarding the Government of Puerto Ricos August 24, 2023 letter regarding the August 17, 2023 order in People of the State of California v. CaremarkPCS Health, L.L.C. filed by Attorney Enu Mainigi for Not Parties CaremarkPCS Health, LLC and Caremark Puerto Rico, LLC in 23-1612. Served on 08/25/2023. [23-1613, 23-1612] (EM) [Entered: 08/25/2023 11:49 AM] |
| CITATION of supplemental authorities pursuant to Fed. R. App. P. 28(j) filed by Appellee Commonwealth of Puerto Rico. Served on 08/24/2023. [23-1613] (AWL) [Entered: 08/24/2023 06:36 PM] |
| REPLY filed by Appellants Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC in 23-1613, Not Parties Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC in 23-1612 to [ # 6584549-2 ]. Served on 08/17/2023. [23-1613, 23-1612] (EAZ) [Entered: 08/17/2023 06:01 PM] |
| MOTION to Order the Recall of the Remanded Case Pending Appeal filed by Appellant Express Scripts, Inc. in 23-1612. Served on 08/11/2023. [23-1612, 23-1613] (JRS) [Entered: 08/11/2023 02:26 PM] |
| NOTICE issued. After 08/28/2023, the following attorneys will no longer receive notice of court issued documents in this case unless they register for an appellate ECF account: William Coglianese, Atticus DeProspo, Jason Feldi, Shirlethia Franklin, Alexander Gazikas, Arturo L.B. Hernandez-Gonzalez, Ian Hogg, James F. Hurst, Adrian Jimenez-Torres, Theresa Coughlin, Ryan Moorman, Raymond Kennon Poteat, Neal A. Potischman, James P. Rouhandeh, Diana Watral and Andrew Yaphe. [23-1613] (AL) [Entered: 08/11/2023 10:34 AM] |
| RESPONSE filed by Appellee Commonwealth of Puerto Rico to to stay [ # 6582654-2 ]. Served on 08/10/2023. [23-1613] (AWL) [Entered: 08/10/2023 03:57 PM] |
| NOTICE of appearance on behalf of Appellee Commonwealth of Puerto Rico filed by Attorney Andres W. Lopez. Served on 08/10/2023. [23-1613] (AWL) [Entered: 08/10/2023 03:53 PM] |
| NOTICE of appearance on behalf of Appellants Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC in 23-1613, Not Parties Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC in 23-1612 filed by Attorney Craig D. Singer. Served on 08/10/2023. [23-1613, 23-1612] (CDS) [Entered: 08/10/2023 05:43 PM] |
| NOTICE of appearance on behalf of Appellants Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC in 23-1613, Not Parties Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC in 23-1612 filed by Attorney Enu A. Mainigi. Served on 08/10/2023. [23-1613, 23-1612] (EM) [Entered: 08/10/2023 05:47 PM] |
| DOCKETING statement filed by Appellants Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC in 23-1613, Not Parties Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC in 23-1612. Served on 08/10/2023. [23-1613, 23-1612] (EAZ) [Entered: 08/10/2023 05:55 PM] |
| NOTICE of appearance on behalf of Not Party OptumRx, Inc. in 23-1612 filed by Attorney Eric Perez-Ochoa. Served on 08/03/2023. [23-1613, 23-1612] (EP) [Entered: 08/03/2023 05:09 PM] |
| NOTICE of appearance on behalf of Not Party OptumRx, Inc. filed by Attorney Luis A. Oliver Fraticelli. Served on 08/03/2023. [23-1613] (LAO) [Entered: 08/03/2023 05:18 PM] |
| NOTICE of appearance on behalf of Appellants Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC in 23-1613, Not Parties Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC in 23-1612 filed by Attorney Javier A. Aquino-Vidal. Served on 08/01/2023. [23-1613, 23-1612] (JAA) [Entered: 08/01/2023 10:40 AM] |
| EMERGENCY MOTION to stay Pending Appeal; Relief Requested by August 30, 2023 (Corrected) filed by Appellants Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC in 23-1613, Not Parties Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC in 23-1612. Served on 08/01/2023. [23-1613, 23-1612] (EAZ) [Entered: 08/01/2023 12:11 PM] |
| DISCLOSURE statement filed by Appellants Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC in 23-1613. Served on 07/31/2023. [23-1612, 23-1613] (AL) [Entered: 08/01/2023 11:18 AM] |
| NOTICE of appearance on behalf of Appellant Express Scripts, Inc. in 23-1612 filed by Attorney Jason R. Scherr. Served on 08/01/2023. [23-1612, 23-1613] (JRS) [Entered: 08/01/2023 02:22 PM] |
| NOTICE of appearance on behalf of Appellants Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC in 23-1613, Not Parties CaremarkPCS Health, LLC and Caremark Puerto Rico, LLC in 23-1612 filed by Attorney Eduardo A. Zayas-Marxuach. Served on 07/31/2023. [23-1613, 23-1612] (EAZ) [Entered: 07/31/2023 02:31 PM] |
| EMERGENCY MOTION to stay Pending Appeal; Relief Requested by August 30, 2023 filed by Appellants CaremarkPCS Health, LLC and Caremark Puerto Rico, LLC in 23-1613, Not Parties Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC in 23-1612. Served on 07/31/2023. [23-1613, 23-1612] (EAZ) [Entered: 07/31/2023 11:33 PM] |
| CIVIL CASE docketed. Notice of appeal (doc. #106) filed by Appellants Caremark Puerto Rico, LLC and CaremarkPCS Health, LLC. Docketing Statement due 08/10/2023. Appearance form due 08/10/2023. [23-1613] (AL) [Entered: 07/27/2023 04:41 PM] |
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