Commonwealth of Kentucky v. Express Scripts, Inc., et al
| COMMONWEALTH OF KENTUCKY, ex rel. Russell Coleman, Attorney General |
| EXPRESS SCRIPTS, INC., EXPRESS SCRIPTS ADMINISTRATORS, LLC, MEDCO HEALTH SOLUTIONS, INC., ESI MAIL PHARMACY SERVICE, INC., EXPRESS SCRIPTS PHARMACY, INC., UNITEDHEALTH GROUP, INC., OPTUMRX, INC., OPTUMINSIGHT, INC. and OPTUMINSIGHT LIFE SCIENCES, INC. |
| 25-5866 |
| September 26, 2025 |
| U.S. Court of Appeals, Sixth Circuit |
| Contract: Other |
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Filing 35
ORDER filed - Upon review, the plaintiffs motion is GRANTED, and further briefing will be held in abeyance pending Plaquemines. The plaintiff shall file a status report or other appropriate pleading within 21 days of Plaquemines. In light of the defendants request to file a new brief, the clerk will lock on the docket the appellant brief filed on December 5, 2025. If and when appropriate, the clerk will reset the briefing schedule following Plaquemines. [ # 33 ] (RGF) [Entered: 02/13/2026 08:54 AM]
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| Filing 34 RESPONSE filed regarding a motion to hold case in abeyance, [ # 33 ]; previously filed by Mr. Jacob M. Abrahamson for KY. Response from Attorney Mr. Christopher George Michel for Appellants ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc. and Express Scripts, Inc.. Certificate of Service: 02/11/2026. [25-5866] (CGM) [Entered: 02/11/2026 09:43 PM] |
| Filing 33 MOTION filed by Mr. Jacob M. Abrahamson for KY to hold case in abeyance. Certificate of Service: 02/10/2026. [25-5866] (JMA) [Entered: 02/10/2026 04:16 PM] |
| Filing 32 RULING LETTER SENT granting appellee's second motion to extend time to file brief 30 days [ # 31 ] filed by Mr. Matthew Franklin Kuhn., resetting briefing schedule: appellee brief now due 03/02/2026. (RGF) [Entered: 01/28/2026 04:51 PM] |
| Filing 31 MOTION filed by Mr. Matthew Franklin Kuhn for KY to extend time to file brief. Certificate of Service: 01/28/2026. [25-5866] (MFK) [Entered: 01/28/2026 07:27 AM] |
| Filing 30 APPEARANCE filed for Appellee KY by Jacob M. Abrahamson. Certificate of Service: 01/06/2026. [25-5866] (JMA) [Entered: 01/06/2026 09:18 AM] |
| Filing 29 RULING LETTER SENT granting appellee's first motion to extend time to file brief by 21 days [ # 27 ] filed by Mr. Matthew Franklin Kuhn., resetting briefing schedule: appellee brief now due 01/30/2026. (RGF) [Entered: 01/06/2026 08:58 AM] |
| Filing 28 APPEARANCE filed for Appellee KY by John H. Heyburn. Certificate of Service: 01/06/2026. [25-5866] (JHH) [Entered: 01/06/2026 08:46 AM] |
| Filing 27 MOTION filed by Mr. Matthew Franklin Kuhn for KY to extend time to file brief. Certificate of Service: 01/06/2026. [25-5866] (MFK) [Entered: 01/06/2026 08:41 AM] |
| Filing 26 APPEARANCE filed for Appellee KY by Matthew F. Kuhn. Certificate of Service: 01/05/2026. [25-5866] (MFK) [Entered: 01/05/2026 07:07 PM] |
| Filing 25 LOCKED - PER ORDER FILED 02/13/2026************APPELLANT BRIEF filed by Mr. Christopher George Michel for ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc. and Express Scripts, Inc. AND Mr. Brian D. Boone for Optum RX, Inc. Certificate of Service: 12/05/2025. Argument Request: requested. [25-5866]--[Edited 12/05/2025 by RGF]--[Edited 02/13/2026 by RGF] (CGM) [Entered: 12/05/2025 04:44 PM] |
| Filing 24 APPEARANCE filed for Appellants ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc. and Express Scripts, Inc. by Gregory P. Graham. Certificate of Service: 12/04/2025. [25-5866] (GPG) [Entered: 12/04/2025 12:24 PM] |
| Filing 23 APPEARANCE filed for Appellants ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc. and Express Scripts, Inc. by Lisa Geary. Certificate of Service: 12/04/2025. [25-5866] (LG) [Entered: 12/04/2025 09:59 AM] |
| Filing 22 RULING LETTER SENT granting appellants' first motion to extend time to file brief by 30 days [ # 21 ] filed by Mr. Christopher George Michel., resetting briefing schedule: appellant brief now due 12/05/2025. appellee brief now due 01/09/2026. (RGF) [Entered: 10/16/2025 12:01 PM] |
| Filing 21 MOTION filed by Mr. Christopher George Michel for ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc. and Express Scripts, Inc. and Mr. Brian D. Boone for OptumRX, Inc. to extend time to file brief. Certificate of Service: 10/16/2025. [25-5866]--[Edited 10/16/2025 by RGF] (CGM) [Entered: 10/16/2025 11:47 AM] |
| Filing 20 APPEARANCE filed for Appellee KY by Chris Lewis. Certificate of Service: 10/14/2025. [25-5866] (JCL) [Entered: 10/14/2025 10:23 AM] |
| Filing 19 DEFICIENCY NOTICE: The appearance form , [ # 18 ], filed by Mr. John Christian Lewis for KY is deficient for the reason noted on the attached checklist. Deficiency to be corrected by 10/21/2025. (RGF) [Entered: 10/14/2025 08:55 AM] |
| Filing 18 LOCKED -- PLEASE SEE #20**************APPEARANCE filed for Appellee KY by Christian Lewis. Certificate of Service: 10/10/2025. [25-5866]--[Edited 10/14/2025 by RGF] (ES) [Entered: 10/10/2025 09:57 PM] |
| Filing 17 APPEARANCE filed for Appellee KY by Elizabeth Smith. Certificate of Service: 10/10/2025. [25-5866] (ES) [Entered: 10/10/2025 02:19 PM] |
| Filing 16 APPEARANCE filed for Appellant OptumRx, Inc. by Caitlin Van Hoy. Certificate of Service: 10/09/2025. [25-5866] (CCV) [Entered: 10/09/2025 11:26 AM] |
| Filing 15 TRANSCRIPT ORDER filed - transcript is unnecessary for appeal purposes. Filed by Mr. Christopher George Michel for ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc. and Express Scripts, Inc.. Certificate of Service: 10/08/2025. [25-5866] (CGM) [Entered: 10/08/2025 04:53 PM] |
| Filing 14 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Christopher G. Michel ; Express Scripts Pharmacy, Inc. makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? Yes, Express Scripts Pharmacy, Inc. is a wholly owned subsidiary of Medco Health Solutions, Inc., which is a wholly owned subsidiary of Evernorth Health, Inc. All interests in Evernorth Health, Inc. are held by The Cigna Group, a publicly traded company. 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No Certificate of Service: 10/08/2025. [25-5866] (CGM) [Entered: 10/08/2025 04:46 PM] |
| Filing 13 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Christopher G. Michel ; ESI Mail Pharmacy Service, Inc. makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? Yes, ESI Mail Pharmacy Service, Inc. is a wholly owned subsidiary of Express Scripts, Inc., which is a wholly owned subsidiary of Evernorth Health, Inc. All interests in Evernorth Health, Inc. are held by The Cigna Group, a publicly traded company. 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No Certificate of Service: 10/08/2025. [25-5866] (CGM) [Entered: 10/08/2025 04:45 PM] |
| Filing 12 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Christopher G. Michel ; Express Scripts, Inc. makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? Yes, Express Scripts, Inc. is a wholly owned subsidiary of Evernorth Health, Inc. All interests in Evernorth Health, Inc. are held by The Cigna Group, a publicly traded company. 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? No Certificate of Service: 10/08/2025. [25-5866] (CGM) [Entered: 10/08/2025 04:43 PM] |
| Filing 11 CIVIL APPEAL STATEMENT OF PARTIES AND ISSUES filed by Attorney Mr. Christopher George Michel for Appellants ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc. and Express Scripts, Inc.. Is this case a cross-appeal? No ; Has this case or a related one been before this court previously? No ; Please identify the party(ies) the appeal is being taken against: KY ; Issues: Whether the district court erred in holding that Defendants-Appellants failed to establish federal-officer removal jurisdiction under 28 U.S.C. 1442(a). . Certificate of Service: 10/08/2025. [25-5866] (CGM) [Entered: 10/08/2025 04:35 PM] |
| Filing 10 APPEARANCE filed for Appellants Express Scripts, Inc., Express Scripts Pharmacy, Inc. and ESI Mail Pharmacy Service, Inc. by Michael J. Lyle. Certificate of Service: 10/07/2025. [25-5866] (MJL) [Entered: 10/07/2025 04:46 PM] |
| Filing 9 APPEARANCE filed for Appellants Express Scripts, Inc., Express Scripts Pharmacy, Inc. and ESI Mail Pharmacy Service, Inc. by Jonathan Gordon Cooper. Certificate of Service: 10/07/2025. [25-5866] (JGC) [Entered: 10/07/2025 04:33 PM] |
| Filing 8 APPEARANCE filed for Appellants Express Scripts, Inc., Express Scripts Pharmacy, Inc. and ESI Mail Pharmacy Service, Inc. by Christopher Michel. Certificate of Service: 10/07/2025. [25-5866] (CGM) [Entered: 10/07/2025 04:20 PM] |
| Filing 7 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Brian D. Boone ; OptumRx, Inc. makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? Yes. UnitedHealth Group Incorporated is OptumRx, Inc.'s ultimate parent. UnitedHealth Group Incorporated is a publicly traded corporation. 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? Yes. UnitedHealth Group Incorporated is OptumRx, Inc.'s ultimate parent. UnitedHealth Group Incorporated is a publicly traded corporation. Certificate of Service: 10/07/2025. [25-5866] (BDB) [Entered: 10/07/2025 08:27 AM] |
| Filing 6 APPEARANCE filed for Appellant OptumRx, Inc. by Matthew P. McGuire. Certificate of Service: 10/06/2025. [25-5866] (MPM) [Entered: 10/06/2025 03:13 PM] |
| Filing 5 APPEARANCE filed for Appellee KY by Frederick C. Baker. Certificate of Service: 10/06/2025. [25-5866] (FCB) [Entered: 10/06/2025 11:57 AM] |
| Filing 4 APPEARANCE filed for Appellant OptumRx, Inc. by Matthew P. Hooker. Certificate of Service: 10/06/2025. [25-5866] (MPH) [Entered: 10/06/2025 08:59 AM] |
| Filing 3 APPEARANCE filed for Appellant OptumRx, Inc. by Brian D. Boone. Certificate of Service: 10/06/2025. [25-5866] (BDB) [Entered: 10/06/2025 08:56 AM] |
| Filing 2 BRIEFING LETTER SENT setting briefing schedule: appellant brief due 11/05/2025;. appellee brief due 12/05/2025; (RGF) [Entered: 09/26/2025 10:05 AM] |
| Filing 1 Civil Case Docketed. Notice filed by Appellants ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, Inc., Express Scripts, Inc. and OptumRx, Inc.. Transcript needed: n. (RGF) [Entered: 09/26/2025 10:02 AM] |
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