Express Scripts, Inc., et al v. FTC, et al
| Express Scripts, Inc., Inc. EverNorth Health, Ascent Health Services LLC, Inc. Medco Health Solutions, Caremark Rx, L.L.C., Zinc Health Services, LLC, OptumRx, Inc., OptumRx Holdings, LLC and Emisar Pharma Services LLC |
| Federal Trade Commission, Rebecca Kelly Slaughter, in her official capacity as Commissioner of the United States Federal Trade Commission, Alvaro Bedoya, in His official capacity as Commissioner of the United States Federal Trade Commission, D. Michael Chappell, in his official capacity as Federal Trade Commission Chief Administrative Law Judge and Andrew N. Ferguson, in his official capacity as Commissioner and Chair of the United States Federal Trade Commission |
| Americans for Prosperity Foundation |
| 25-1383 |
| February 24, 2025 |
| U.S. Court of Appeals, Eighth Circuit |
| Other Statutory Actions |
Docket Report
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| Document Text |
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| APPEARANCE filed by Michael Pepson for Amicus on Behalf of Appellant(s) Americans for Prosperity Foundation w/service 04/23/2025 [5509692] [25-1383] (MDP) [Entered: 04/23/2025 04:26 PM] |
| BRIEF FILED - AMICUS BRIEF filed by Americans for Prosperity Foundation w/service 04/23/2025 , Length: 6,238 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Americans for Prosperity Foundation due 04/28/2025 WITH certificate of service for paper briefs [5509664] [25-1383] (CRJ) [Entered: 04/23/2025 03:44 PM] |
| AMICUS/INTERVENOR brief of Americans for Prosperity Foundation submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [5509581] [25-1383] (MDP) [Entered: 04/23/2025 02:14 PM] |
| Brief deficiency notice sent to counsel, Attorney Michael David Pepson for Amicus on Behalf of Appellant(s) Americans for Prosperity Foundation. [5509492] [25-1383] (CRJ) [Entered: 04/23/2025 12:02 PM] |
| RECORD FILED - HEARING TRANSCRIPT, 1 volumes, Comments: Preliminary Injunction Hearing - District Court document #55 [Only Electronic Copy Received - No Paper Copy on File], Source Location: USDC / EMSL, Dt. of Proceeding/Hearing: 02/03/2025, No. of Pgs.: 56, Court Reporter: Harrison, Pamela [5509291] [25-1383] (STL) [Entered: 04/23/2025 08:51 AM] |
| AMICUS/INTERVENOR brief of Americans for Prosperity Foundation submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. [5508737] [25-1383] (MDP) [Entered: 04/22/2025 10:29 AM] |
| RECORD FILED - JOINT APPENDIX, 2 volumes, Comments: 3 Sets [5507377] [25-1383] (CRJ) [Entered: 04/17/2025 11:54 AM] |
| Paper copies Appellant/Petitioner Brief, [ # 5506938-2 ] filed by Ascent Health Services LLC, Caremark Rx, L.L.C., Emisar Pharma Services LLC, EverNorth Health, Express Scripts, Inc., Medco Health Solutions, OptumRx Holdings, LLC, OptumRx, Inc. and Zinc Health Services, LLC 10 paper copies received. w/Addendum attached [5507370] [25-1383] (CRJ) [Entered: 04/17/2025 11:48 AM] |
| ADDENDUM of APPELLANT FILED by Appellants Ascent Health Services LLC, Caremark Rx, L.L.C., Emisar Pharma Services LLC, EverNorth Health, Express Scripts, Inc., Medco Health Solutions, OptumRx Holdings, LLC, OptumRx, Inc. and Zinc Health Services, LLC , w/service 04/16/2025 [5506940] [25-1383] (CRJ) [Entered: 04/16/2025 11:50 AM] |
| BRIEF FILED - APPELLANT BRIEF filed by Ascent Health Services LLC, Caremark Rx, L.L.C., Emisar Pharma Services LLC, EverNorth Health, Express Scripts, Inc., Medco Health Solutions, OptumRx Holdings, LLC, OptumRx, Inc. and Zinc Health Services, LLC. w/service 04/16/2025 , Length: 12,590 words 10 COPIES OF PAPER BRIEFS (WITHOUT THE APPELLATE PDF FOOTER) FROM Ascent Health Services LLC, Caremark Rx, L.L.C., Emisar Pharma Services LLC, EverNorth Health, Express Scripts, Inc., Medco Health Solutions, OptumRx Holdings, LLC, OptumRx, Inc. and Zinc Health Services, LLC due 04/21/2025 WITH certificate of service for paper briefs. Brief of Alvaro Bedoya, D. Michael Chappell, Federal Trade Commission, Andrew N. Ferguson and Rebecca Kelly Slaughter due on 05/16/2025 [5506938] [25-1383] (CRJ) [Entered: 04/16/2025 11:48 AM] |
| PUBLIC DOCKET NOTE:Andrew N. Ferguson has substituted Lina M. Khan as appellee in this appeal. [5506919] [25-1383] (CRJ) [Entered: 04/16/2025 11:03 AM] |
| APPELLANT brief of Ascent Health Services LLC, Caremark Rx, L.L.C., Emisar Pharma Services LLC, EverNorth Health, Express Scripts, Inc., Medco Health Solutions, OptumRx Holdings, LLC, OptumRx, Inc. and Zinc Health Services, LLC submitted for review. The time for filing the subsequent brief (if any) does not begin to run until the brief has been approved and filed. To open/view this brief, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. Only direct recipients on accounts can open this document. [5506777] [25-1383]--[Edited 04/16/2025 by CRJ. Entry edited to include all appellants.] (DSV) [Entered: 04/15/2025 09:42 PM] |
| Addendum of APPELLANT submitted for review by Ascent Health Services LLC, Caremark Rx, L.L.C., Emisar Pharma Services LLC, EverNorth Health, Express Scripts, Inc., Medco Health Solutions, OptumRx Holdings, LLC, OptumRx, Inc. and Zinc Health Services, LLC. To open/view this addendum, you must first login to CM/ECF and then open the document link in your Notice of Docket Activity. [5506779] [25-1383]--[Edited 04/16/2025 by CRJ. Entry edited to include all appellants.] (DSV) [Entered: 04/15/2025 09:53 PM] |
| CLERK ORDER:Granting [ # 5501055-2 ] motion to withdraw as counsel filed by Graham White. Graham White for FTC, Lina M. Khan, Rebecca Kelly Slaughter, Alvaro Bedoya and D. Michael Chappell has been granted leave to withdraw from this case. [5501376] [25-1383] (CRJ) [Entered: 03/31/2025 11:18 AM] |
| MOTION to withdraw as retained counsel, filed by Attorney Graham White for Appellees Alvaro Bedoya, D. Michael Chappell, FTC, Lina M. Khan and Rebecca Kelly Slaughter w/service 03/28/2025. [5501055] [25-1383] (GW) [Entered: 03/28/2025 01:15 PM] |
| JUDGE ORDER:The motion for injunction pending appeal is denied. The alternative motion to expedite the appeal is also denied. [ # 5491684-2 ] Adp Mar 2025 [5498208] [25-1383] (CRJ) [Entered: 03/20/2025 12:55 PM] |
| RESPONSE in opposition to motion for Injunction Pending Appeal or Expedition [ # 5491684-2 ], filed by Attorney Graham White for Appellees Alvaro Bedoya, D. Michael Chappell, FTC, Lina M. Khan and Rebecca Kelly Slaughter , w/service 03/13/2025. [5495598] [25-1383]--[Edited 03/14/2025 by CRJ. Entry edited to correct docket text and remove duplicate link] (GW) [Entered: 03/13/2025 02:41 PM] |
| Certificate of transcript filed by Appellants Caremark Rx, L.L.C., Zinc Health Services, LLC, OptumRx Holdings, LLC, OptumRx, Inc., Emisar Pharma Services LLC, Express Scripts, Inc., EverNorth Health, Ascent Health Services LLC and Medco Health Solutions. No Transcript[5492616] [25-1383] (DSV) [Entered: 03/05/2025 01:38 PM] |
| DESIGNATION of record filed by Appellants Caremark Rx, L.L.C., Zinc Health Services, LLC, OptumRx Holdings, LLC, OptumRx, Inc., Emisar Pharma Services LLC, Express Scripts, Inc., EverNorth Health, Ascent Health Services LLC and Medco Health Solutions. w/service 03/05/2025 [5492615] [25-1383] (DSV) [Entered: 03/05/2025 01:35 PM] |
| STATEMENT of issues filed by Appellants Caremark Rx, L.L.C., Zinc Health Services, LLC, OptumRx, Inc., OptumRx Holdings, LLC, Emisar Pharma Services LLC, Express Scripts, Inc., EverNorth Health, Ascent Health Services LLC and Medco Health Solutions - w/service 03/05/2025. [5492613] [25-1383] (DSV) [Entered: 03/05/2025 01:33 PM] |
| METHOD of appendix preparation filed by Appellants Caremark Rx, L.L.C., Zinc Health Services, LLC, OptumRx, Inc., OptumRx Holdings, LLC, Emisar Pharma Services LLC, Express Scripts, Inc., EverNorth Health, Ascent Health Services LLC and Medco Health Solutions - Joint Appendix - w/service 03/05/2025 [5492611] [25-1383] (DSV) [Entered: 03/05/2025 01:30 PM] |
| CORPORATE disclosure statement filed by Appellants Express Scripts, Inc., EverNorth Health, Ascent Health Services LLC and Medco Health Solutions. - FOR CAL [5491666] [25-1383] (DSV) [Entered: 03/03/2025 02:23 PM] |
| MOTION for Injunction Pending Appeal or Expedition, filed by Christopher Baldacci for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC, Theodore J. Boutrous, Jr. for Appellants Emisar Pharma Services LLC, OptumRx Holdings, LLC and OptumRx, Inc., Michael George Cowie for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC, Craig D. Singer for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC, Steven Pyser for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC, Charles McCloud for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC, Patrick Dever for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC, Steven Engel for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC, Rani Habash for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC, Matthew S. Rozen for Appellants Emisar Pharma Services LLC, OptumRx Holdings, LLC and OptumRx, Inc., Samuel Liversidge for Appellants Emisar Pharma Services LLC, OptumRx Holdings, LLC and OptumRx, Inc., Daniel Stephen Volchok for Appellants Ascent Health Services LLC, EverNorth Health, Express Scripts, Inc. and Medco Health Solutions, Jennifer Milici for Appellants Ascent Health Services LLC, EverNorth Health, Express Scripts, Inc. and Medco Health Solutions, Perry Lange for Appellants Ascent Health Services LLC, EverNorth Health, Express Scripts, Inc. and Medco Health Solutions, Kevin Matthew Lamb for Appellants Ascent Health Services LLC, EverNorth Health, Express Scripts, Inc. and Medco Health Solutions, John O'Toole for Appellants Ascent Health Services LLC, EverNorth Health, Express Scripts, Inc. and Medco Health Solutions, Charles Frederick Rule for Appellants Ascent Health Services LLC, EverNorth Health, Express Scripts, Inc. and Medco Health Solutions, Daniel J. Howley for Appellants Ascent Health Services LLC, EverNorth Health, Express Scripts, Inc. and Medco Health Solutions, Derek W. Moore for Appellants Ascent Health Services LLC, EverNorth Health, Express Scripts, Inc. and Medco Health Solutions and Enu Mainigi for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC w/service 03/03/2025. [5491684] [25-1383]--[Edited 03/05/2025 by BNW to correct relief.]--[Edited 03/05/2025 by CRJ. Entry edited to include expedited appeal relief.] (DSV) [Entered: 03/03/2025 02:44 PM] |
| CORPORATE disclosure statement filed by Appellants Emisar Pharma Services LLC, OptumRx Holdings, LLC and OptumRx, Inc.. - FOR CAL [5491683] [25-1383] (MSR) [Entered: 03/03/2025 02:43 PM] |
| CORPORATE disclosure statement filed by Appellants Zinc Health Services, LLC and Caremark Rx, L.L.C.. - FOR CAL [5491675] [25-1383] (CM) [Entered: 03/03/2025 02:31 PM] |
| APPEARANCE filed by Enu Mainigi for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC w/service 03/03/2025 [5491556] [25-1383] (EM) [Entered: 03/03/2025 11:52 AM] |
| APPEARANCE filed by Patrick Dever for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC w/service 03/03/2025 [5491554] [25-1383] (PD) [Entered: 03/03/2025 11:48 AM] |
| APPEARANCE filed by Steven Pyser for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC w/service 03/03/2025 [5491551] [25-1383] (CB) [Entered: 03/03/2025 11:44 AM] |
| APPEARANCE filed by Christopher Baldacci for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC w/service 03/03/2025 [5491380] [25-1383] (CB) [Entered: 03/03/2025 09:07 AM] |
| APPEARANCE filed by Craig Singer for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC w/service 02/28/2025 [5491236] [25-1383] (CDS) [Entered: 02/28/2025 04:42 PM] |
| APPEARANCE filed by Michael Cowie for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC w/service 02/28/2025 [5491087] [25-1383] (MGC) [Entered: 02/28/2025 01:43 PM] |
| APPEARANCE filed by Rani Habash for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC w/service 02/28/2025 [5491085] [25-1383] (RH) [Entered: 02/28/2025 01:40 PM] |
| APPEARANCE filed by Steven Engel for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC w/service 02/28/2025 [5491083] [25-1383] (SE) [Entered: 02/28/2025 01:37 PM] |
| APPEARANCE filed by Charles F Rule for Appellant Express Scripts, Inc. w/service 02/27/2025 [5490362] [25-1383] (CFR) [Entered: 02/27/2025 09:55 AM] |
| APPEARANCE filed by Daniel J. Howley for Appellant Express Scripts, Inc. w/service 02/27/2025 [5490349] [25-1383] (DJH) [Entered: 02/27/2025 09:47 AM] |
| APPEARANCE filed by Derek W Moore for Appellant Express Scripts, Inc. w/service 02/27/2025 [5490371] [25-1383] (DWM) [Entered: 02/27/2025 10:04 AM] |
| APPEARANCE filed by Samuel Liversidge for Appellants OptumRx Holdings, LLC, OptumRx, Inc. and Emisar Pharma Services LLC w/service 02/27/2025 [5490619] [25-1383] (SL) [Entered: 02/27/2025 02:15 PM] |
| APPEARANCE filed by Matthew S. Rozen for Appellants Emisar Pharma Services LLC, OptumRx Holdings, LLC and OptumRx, Inc. w/service 02/27/2025 [5490621] [25-1383] (MSR) [Entered: 02/27/2025 02:17 PM] |
| APPEARANCE filed by Theodore J. Boutrous Jr. for Appellants Emisar Pharma Services LLC, OptumRx Holdings, LLC and OptumRx, Inc. w/service 02/27/2025 [5490627] [25-1383] (TJB) [Entered: 02/27/2025 02:20 PM] |
| APPEARANCE filed by Charles L. McCloud for Appellants Caremark Rx, L.L.C. and Zinc Health Services, LLC w/service 02/26/2025 [5489848] [25-1383] (CM) [Entered: 02/26/2025 11:05 AM] |
| APPEARANCE filed by John W. O'Toole for Appellants Express Scripts, Inc., EverNorth Health, Ascent Health Services LLC and Medco Health Solutions w/service 02/26/2025 [5489820] [25-1383] (JO) [Entered: 02/26/2025 10:33 AM] |
| APPEARANCE filed by Jennifer Milici for Appellants Express Scripts, Inc., EverNorth Health, Ascent Health Services LLC and Medco Health Solutions w/service 02/26/2025 [5489814] [25-1383] (JM) [Entered: 02/26/2025 10:31 AM] |
| APPEARANCE filed by Kevin M. Lamb for Appellants Ascent Health Services LLC, EverNorth Health, Express Scripts, Inc. and Medco Health Solutions w/service 02/25/2025 [5489607] [25-1383] (KML) [Entered: 02/25/2025 06:26 PM] |
| APPEARANCE filed by Perry A. Lange for Appellants Ascent Health Services LLC, Express Scripts, Inc., EverNorth Health and Medco Health Solutions w/service 02/25/2025 [5489605] [25-1383] (PL) [Entered: 02/25/2025 06:22 PM] |
| APPEARANCE filed by Daniel S. Volchok for Appellants Express Scripts, Inc., EverNorth Health, Ascent Health Services LLC and Medco Health Solutions w/service 02/25/2025 [5489599] [25-1383] (DSV) [Entered: 02/25/2025 05:09 PM] |
| APPEARANCE filed by Graham White for Appellees Alvaro Bedoya, D. Michael Chappell, FTC, Rebecca Kelly Slaughter and Lina M. Khan w/service 02/25/2025 [5489352] [25-1383] (GW) [Entered: 02/25/2025 12:56 PM] |
| APPEARANCE filed by Daniel Aguilar for Appellees FTC, Lina M. Khan, Rebecca Kelly Slaughter, Alvaro Bedoya and D. Michael Chappell w/service 02/25/2025 [5489215] [25-1383] (DA) [Entered: 02/25/2025 10:33 AM] |
| BRIEFING SCHEDULE SET AS FOLLOWS: Transcript due on or before 04/07/2025. Appendix due 04/15/2025. BRIEF APPELLANT, Ascent Health Services LLC, Caremark Rx, L.L.C., Emisar Pharma Services LLC, EverNorth Health, Express Scripts, Inc., Medco Health Solutions, OptumRx Holdings, LLC, OptumRx, Inc. and Zinc Health Services, LLC due 04/15/2025 Appellee brief is due 30 days from the date the court issues the Notice of Docket Activity filing the brief of appellant. [5488934] [25-1383] (RDB) [Entered: 02/24/2025 03:55 PM] |
| Originating court document filed consisting of notice of appeal, docket entries, Order dated 2/18/2025 [5488930] [25-1383] (RDB) [Entered: 02/24/2025 03:52 PM] |
| APPEARANCE filed by Joshua M. Salzman for Appellees Alvaro Bedoya, D. Michael Chappell, FTC, Lina M. Khan and Rebecca Kelly Slaughter w/service 02/24/2025 [5489019] [25-1383] (JMS) [Entered: 02/24/2025 08:42 PM] |
| Civil case docketed. [5488928] [25-1383] (RDB) [Entered: 02/24/2025 03:50 PM] |
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