State of Utah, et al v. Express Scripts, et al
| STATE OF UTAH and DIVISION OF CONSUMER PROTECTION |
| EXPRESS SCRIPTS, INC., EXPRESS SCRIPTS PHARMACY, INC., ESI MAIL PHARMACY SERVICE, INC., OPTUMRX, INC., EXPRESS SCRIPTS ADMINISTRATORS, LLC, ESI MAIL ORDER PROCESSING, INC., MEDCO HEALTH SOLUTIONS, INC., UNITEDHEALTH GROUP, INC., OPTUMINSIGHT LIFE SCIENCES, INC. and OPTUMINSIGHT, INC. |
| 26-4035 |
| April 2, 2026 |
| U.S. Court of Appeals, Tenth Circuit |
| Other Statutory Actions |
Docket Report
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This docket was last retrieved on May 19, 2026. A more recent docket listing may be available from PACER.
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| Filing 33 [11283376] Minute order filed - The brief and appendix submitted by appellants are accepted for filing. The parties will be notified via separate docket entry if paper copies are required. Pursuant to the court's 04/29/2026 order Appellees' response brief is now due 06/29/2026 for Division of Consumer Protection and State of Utah. (Text Only - No Attachment) [26-4035] [Entered: 05/19/2026 11:59 AM] |
| Filing 32 [11283371] Order filed by Clerk of the Court - This matter is before the court on Appellants' Unopposed Motion for Leave to Seal Appendix Volume V. The motion is provisionally granted subject to reconsideration by the panel of judges who will later be assigned to consider this appeal on the merits. Unless the court orders otherwise, Volume V of the appendix will remain under seal. Served on 05/19/2026. [26-4035] [Entered: 05/19/2026 11:54 AM] |
| Filing 31 [11283160] Appellant's appendix filed by ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc. and Express Scripts, Inc.. Total number of volumes filed: 5. Served on 05/18/2026. Manner of Service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-4035] CGM [Entered: 05/18/2026 04:58 PM] |
| Filing 30 [11283155] Motion filed by Appellants ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc. and Express Scripts, Inc. to seal Appellants' Appendix Volume 5. Served on: 05/18/2026. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-4035] CGM [Entered: 05/18/2026 04:53 PM] |
| Filing 29 [11283154] Appellant/Petitioner's brief filed by ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc. and Express Scripts, Inc.. Served on 05/18/2026 by email. Oral argument requested? Yes. Word/page count: 9855. This pleading complies with all required privacy and virus certifications: Yes. [26-4035] CGM [Entered: 05/18/2026 04:48 PM] |
| Filing 28 [11277435] Order filed by Clerk of the Court granting in part appellants' motion to expedite appeal [ # 27 ] and referring in part to the panel of judges that will later be assigned to consider this case on the merits. Appellants' brief and appendix due on 05/18/2026 for ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc., Express Scripts, Inc. and OptumRx, Inc. Appellees' brief due 06/29/2026 for Division of Consumer Protection and State of Utah. Appellants' optional reply brief now due 07/13/2026. Briefs may be filed sooner than the deadlines. Requests for extensions of time are strongly discouraged. Please see attached order. Served on 04/29/2026. [26-4035] [Entered: 04/29/2026 10:19 AM] |
| Filing 27 [11276712] Motion filed by Appellants ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc. and Express Scripts, Inc., OptumRx, Inc. to expedite case. Served on: 04/27/2026. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-4035] CGM [Entered: 04/27/2026 03:17 PM] |
Filing 26
[11273804] Order filed by Judges Tymkovich and Moritz denying the motion for stay pending appeal and to expedite appeal filed by Appellants Express Scripts, Inc., ESI Mail Pharmacy Service, Inc. and Express Scripts Pharmacy, Inc. without prejudice as set forth in the attached order. Served on 04/16/2026. [26-4035] [Entered: 04/16/2026 02:05 PM]
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| Filing 25 [11273511] Entry of appearance filed by Rodger Moore Burge for OptumRx, Inc. CERT. OF INTERESTED PARTIES: n (parties named previously disclosed). Served on 04/15/2026. Manner of Service: email. [26-4035] [Entered: 04/15/2026 04:10 PM] |
| Filing 24 [11273510] Entry of appearance submitted by Rodger Moore Burge for Appellant OptumRx, Inc. for court review. Certificate of Interested Parties: Yes. Served on 04/15/2026. Manner of Service: email. [26-4035] --[Edited 04/15/2026 by SLS to remove PDF from docket entry as the document has been filed.] RMB [Entered: 04/15/2026 04:02 PM] |
| Filing 23 [11272745] Entry of appearance filed by Mr. Bentley J. Tolk for OptumRx, Inc. CERT. OF INTERESTED PARTIES: y (The parties listed were previously disclosed). Served on 04/13/2026. Manner of Service: email. [26-4035] [Entered: 04/14/2026 06:29 AM] |
| Filing 22 [11272728] Entry of appearance submitted by Bentley J. Tolk for Appellant OptumRx, Inc. for court review. Certificate of Interested Parties: No. Served on 04/13/2026. Manner of Service: email. [26-4035]--[Edited 04/14/2026 by AT to remove PDF as pleading was filed on 4/14/2026.] BJT [Entered: 04/13/2026 05:04 PM] |
| Filing 21 [11272526] Order filed by Clerk of the Court vacating 04/10/2026 order for response. This vacatur does not preclude appellees from filing a voluntary response if they so choose. Served on 04/13/2026. [26-4035] [Entered: 04/13/2026 01:23 PM] |
| Filing 20 [11272521] Filed notice record is complete. Served on 04/13/2026. Appellants' brief and appendix due on 05/26/2026 for ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc., Express Scripts, Inc. and OptumRx, Inc. [26-4035] [Entered: 04/13/2026 01:13 PM] |
| Filing 19 [11272240] Minute order filed - Notice due that record is complete by 04/13/2026 for Gary P. Serdar, Clerk of Court. (Text Only - No Attachment) [26-4035] [Entered: 04/10/2026 04:35 PM] |
| Filing 18 [11272225] Acknowledgment of transcript order filed by ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc. and Express Scripts, Inc.. Transcript ordered: No. Served on: 04/10/2026. Manner of Service: email. [26-4035] CGM [Entered: 04/10/2026 04:11 PM] |
| Filing 17 [11272217] Docketing statement filed by ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc. and Express Scripts, Inc.. Served on 04/10/2026. Manner of Service: email. [26-4035] CGM [Entered: 04/10/2026 04:04 PM] |
| Filing 16 [11272010] (VACATED) Order filed by Clerk of the Court response to appellants' motion for stay and to expedite due by 04/20/2026 at 5 p.m. MD for Division of Consumer Protection and State of Utah. Served on 04/10/2026. [26-4035] --[Edited 04/13/2026 by SLS to note the order is vacated per 04/13/2026 order.] [Entered: 04/10/2026 11:58 AM] |
| Filing 15 [11271485] Motion filed by Appellants Express Scripts, Inc., ESI Mail Pharmacy Service, Inc. and Express Scripts Pharmacy, Inc., OptumRx, Inc. for stay of remand order. Emergency Relief Requested? No , to expedite case. Served on: 04/08/2026. Manner of service: email. This pleading complies with all required privacy and virus certifications: Yes. [26-4035] CGM [Entered: 04/08/2026 04:44 PM] |
| Filing 14 [11270983] Entry of appearance filed by Christopher George Michel, Michael John Lyle for Express Scripts, Inc., and Jonathan Gordon Cooper for Express Scripts, Inc., ESI Mail Pharmacy Service, Inc., and Express Scripts Pharmacy, Inc. CERT. OF INTERESTED PARTIES: y. Served on 04/07/2026. Manner of Service: email. [26-4035] [Entered: 04/07/2026 02:57 PM] |
| Filing 13 [11270959] Rule 26 Disclosure Statement filed by Express Scripts, Inc., Express Scripts Pharmacy, Inc. and ESI Mail Pharmacy Service, Inc.. More than 50 parties disclosed: no. Served on 04/07/2026. Manner of Service: email. [26-4035] CGM [Entered: 04/07/2026 02:30 PM] |
| Filing 12 [11270956] Entry of appearance submitted by Christopher G. Michel, Michael J. Lyle, and Jonathan G. Cooper for Appellants Express Scripts, Inc., Express Scripts Pharmacy, Inc. and ESI Mail Pharmacy Service, Inc. for court review. Certificate of Interested Parties: Yes. Served on 04/07/2026. Manner of Service: email. [26-4035]--[Edited 04/07/2026 by AT to remove PDF as pleading was filed on 4/7/2026.] CGM [Entered: 04/07/2026 02:29 PM] |
| Filing 11 [11270884] Entry of appearance filed by Matthew Patrick McGuire for OptumRx, Inc. CERT. OF INTERESTED PARTIES: y The parties listed were previously disclosed). Served on 04/07/2026. Manner of Service: email. [26-4035] [Entered: 04/07/2026 01:03 PM] |
| Filing 10 [11270836] Entry of appearance submitted by Matthew P. McGuire for Appellant OptumRx, Inc. for court review. Certificate of Interested Parties: No. Served on 04/07/2026. Manner of Service: email. [26-4035] --[Edited 04/07/2026 by AT to remove PDF as pleading was filed on 4/7/2026.] MPM [Entered: 04/07/2026 12:06 PM] |
| Filing 9 [11270706] Rule 26 Disclosure Statement filed by OptumRx, Inc.. More than 50 parties disclosed: no (The party listed was previously disclosed). Served on 04/07/2026. Manner of Service: email. [26-4035] BDB [Entered: 04/07/2026 09:19 AM] |
| Filing 8 [11270609] Entry of appearance filed by Ms. Sarah Goldberg for State of Utah and Division of Consumer Protection. CERT. OF INTERESTED PARTIES: y. Served on 04/06/2026. Manner of Service: email [26-4035] [Entered: 04/06/2026 06:08 PM] |
| Filing 7 [11270564] Entry of appearance submitted by Sarah Goldberg and Peishen Zhou for Appellees Division of Consumer Protection and State of Utah for court review. Certificate of Interested Parties: Yes. Served on 04/06/2026. Manner of Service: email. [26-4035]--[Edited 04/06/2026 by ART to remove pdf as pleading was filed on 04/06/2026] SG [Entered: 04/06/2026 04:06 PM] |
| Filing 6 [11269850] Entry of appearance filed by Ismat Hanano for OptumRx, Inc. CERT. OF INTERESTED PARTIES: n (parties named previously disclosed). Served on 04/03/2026. Manner of Service: email. [26-4035] [Entered: 04/03/2026 09:36 AM] |
| Filing 5 [11269814] Entry of appearance submitted by Ismat Hanano for Appellant OptumRx, Inc. for court review. Certificate of Interested Parties: Yes. Served on 04/03/2026. Manner of Service: email. [26-4035] --[Edited 04/03/2026 by SLS to remove PDF from docket entry as the document has been filed.] IH [Entered: 04/03/2026 08:49 AM] |
| Filing 4 [11269783] Entry of appearance filed by Brian David Boone and Matthew P Hooker for OptumRx, Inc. CERT. OF INTERESTED PARTIES: y (parties previously disclosed). Served on 04/03/2026. Manner of Service: email. [26-4035] [Entered: 04/03/2026 07:35 AM] |
| Filing 3 [11269775] Entry of appearance submitted by Matthew P. Hooker for Appellant OptumRx, Inc. for court review. Certificate of Interested Parties: Yes. Served on 04/03/2026. Manner of Service: email. [26-4035] --[Edited 04/03/2026 by SLS to remove PDF from docket entry as the document has been filed.] MPH [Entered: 04/03/2026 06:19 AM] |
| Filing 2 [11269774] Entry of appearance submitted by Brian D. Boone for Appellant OptumRx, Inc. for court review. Certificate of Interested Parties: Yes. Served on 04/03/2026. Manner of Service: email. [26-4035] --[Edited 04/03/2026 by SLS to remove PDF from docket entry as the document has been filed.] BDB [Entered: 04/03/2026 06:18 AM] |
| Filing 1 [11269638] Civil case docketed. Preliminary record filed. DATE RECEIVED: 04/02/2026 Docketing statement, transcript order form disclosure statement and notice of appearance due 04/16/2026 for ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc., Express Scripts, Inc. and OptumRx, Inc.. Notice of appearance due on 04/16/2026 for Division of Consumer Protection, and State of Utah. [26-4035] [Entered: 04/02/2026 02:11 PM] |
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