Osterhaus Pharmacy, Inc., et al. v. CVS Health Corporation, et al.
| OSTERHAUS PHARMACY, INC., CAMMACK'S PHARMACIES, INC., doing business as Jims Pharmacy and Home Health, JCH PHARMACY HOLDINGS, INC. and CALLS COMMUNITY PHARMACY, LLC, on behalf of themselves and all others similarly situated |
| CVS HEALTH CORPORATION, CVS PHARMACY, INC., CAREMARK RX, LLC, formerly known as Caremark RX, Inc., CAREMARK, LLC, CAREMARKPCS, LLC, CAREMARKPCS HEALTH, LLC, CAREMARK IPA, LLC, CAREMARK PART D SERVICES, LLC, AETNA INC., AETNA HEALTH HOLDINGS, LLC and AETNA HEALTH MANAGEMENT, LLC |
| 25-1467 |
| March 7, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Opinions
We have the following opinions for this case:
| Description |
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| OSTERHAUS PHARMACY, INC., ET AL. V. CVS HEALTH CORPORATION, ET AL. |
Docket Report
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This docket was last retrieved on August 18, 2025. A more recent docket listing may be available from PACER.
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Filing 38
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 32) granted, Streamlined Request for Extension of Time to File Brief (DE 37) granted. Amended briefing schedule: Cross Appeal Third Brief Due (Appellant) 10/6/2025. Optional Cross Appeal Reply Brief due 21 days after service of Cross Appeal Third Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [25-1467, 25-1843] [Entered: 08/18/2025 02:52 PM]
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| Filing 37 Streamlined Request for Extension of Time to File Brief filed by Appellant Osterhaus Pharmacy, Inc., Appellant Cammack's Pharmacies, Inc., Appellant JCH Pharmacy Holdings, Inc., Appellant Calls Community Pharmacy, LLC. [25-1467, 25-1843] [Entered: 08/18/2025 02:30 PM] |
| Filing 36 Paper copies (6) of Second Brief on Cross-Appeal submitted at DE 33 by Appellees/Cross-Appellants received. [25-1467, 25-1843] [Entered: 08/11/2025 04:49 PM] |
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Filing 35
ORDER FILED. Second Brief on Cross-Appeal submitted at DE 33 by Appellees/Cross-Appellants is filed. Within 7 days of this order, Appellees/Cross-Appellants must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [25-1467, 25-1843] [Entered: 08/08/2025 08:56 AM]
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| Filing 34 SECOND BRIEF ON CROSS-APPEAL submitted for filing by Appellant Caremark IPA, LLC, Appellant Caremark Part D Services, LLC, Appellant Aetna Inc., Appellant Aetna Health Holdings, LLC, Appellant Aetna Health Management, LLC. [25-1843, 25-1467] [Entered: 08/06/2025 03:36 PM] |
| Filing 33 SECOND BRIEF ON CROSS-APPEAL submitted for filing by Appellee CVS Health Corporation, Appellee CVS Pharmacy, Inc., Appellee Caremark Rx, LLC, Appellee Caremark, LLC, Appellee CaremarkPCS, LLC, Appellee CaremarkPCS Health, LLC, Appellee Caremark IPA, LLC, Appellee Caremark Part D Services, LLC, Appellee Aetna Inc., Appellee Aetna Health Holdings, LLC, Appellee Aetna Health Management, LLC. [25-1467, 25-1843] [Entered: 08/06/2025 03:32 PM] |
| Filing 32 ADDED Counsel for Appellee Kees D. Thompson [25-1467, 25-1843] [Entered: 07/28/2025 02:58 PM] |
| Filing 31 NOTICE OF APPEARANCE by Kees D. Thompson for Appellee Aetna Health Holdings, LLC, Appellee Aetna Health Management, LLC, Appellee Aetna Inc., Appellee Caremark IPA, LLC, Appellee Caremark Part D Services, LLC, Appellee Caremark Rx, LLC, Appellee Caremark, LLC, Appellee CaremarkPCS Health, LLC, Appellee CaremarkPCS, LLC, Appellee CVS Health Corporation, Appellee CVS Pharmacy, Inc.. [25-1467, 25-1843] [Entered: 07/28/2025 02:39 PM] |
| Filing 30 Paper copies (6) of First Brief on Cross-Appeal submitted at DE 24 by Appellants/Cross-Appellees received. [25-1467, 25-1843] [Entered: 06/13/2025 11:45 AM] |
| Filing 29 Paper copies (3) of Excerpts of Record in 5 Volumes and Index Volume submitted at DE 25 by Appellants/Cross-Appellees received. [25-1467, 25-1843] [Entered: 06/13/2025 11:41 AM] |
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Filing 28
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 22), (DE 26) granted. Amended briefing schedule: Cross Appeal Second Brief Due (Appellee) 8/6/2025, Cross Appeal Third Brief Due (Appellant) 9/5/2025. Optional Cross Appeal Reply Brief due 21 days after service of Third Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [25-1467, 25-1843] [Entered: 06/06/2025 03:16 PM]
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Filing 27
ORDER FILED. First Brief on Cross-Appeal submitted at DE 24 by Appellants/Cross-Appellees is filed. Within 7 days of this order, Appellants/Cross-Appellees must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 25 (DE 21 in 25-1843) by Appellants/Cross-Appellees are filed. Within 7 days of this order, Appellants/Cross-Appellees must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [25-1467, 25-1843] [Entered: 06/06/2025 01:44 PM]
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| Filing 26 Streamlined Request for Extension of Time to File Brief filed by Appellee CVS Health Corporation, Appellee CVS Pharmacy, Inc., Appellee Caremark Rx, LLC, Appellee Caremark, LLC, Appellee CaremarkPCS, LLC, Appellee CaremarkPCS Health, LLC, Appellee Caremark IPA, LLC, Appellee Caremark Part D Services, LLC, Appellee Aetna Inc., Appellee Aetna Health Holdings, LLC, Appellee Aetna Health Management, LLC. [25-1467, 25-1843] [Entered: 06/06/2025 12:05 PM] |
| Filing 25 EXCERPTS OF RECORD submitted for filing by Appellant Osterhaus Pharmacy, Inc., Appellant Cammack's Pharmacies, Inc., Appellant JCH Pharmacy Holdings, Inc., Appellant Calls Community Pharmacy, LLC. [25-1467, 25-1843] [Entered: 06/04/2025 09:33 PM] |
| Filing 24 FIRST BRIEF ON CROSS-APPEAL submitted for filing by Appellant Osterhaus Pharmacy, Inc., Appellant Cammack's Pharmacies, Inc., Appellant JCH Pharmacy Holdings, Inc., Appellant Calls Community Pharmacy, LLC. [25-1467, 25-1843]--[COURT UPDATE: Updated entry to reflect correct brief type] [Entered: 06/04/2025 09:27 PM] [Edited: 06/06/2025 01:38 PM] |
| Filing 23 TERMINATED participation of Counsel for Appellee Aaron Z. Roper, representing Appellee Aetna Health Holdings, LLC, Appellee Aetna Health Management, LLC, Appellee Aetna Inc., Appellee Caremark IPA, LLC, Appellee Caremark Part D Services, LLC, Appellee Caremark Rx, LLC, Appellee Caremark, LLC, Appellee CaremarkPCS Health, LLC, Appellee CaremarkPCS, LLC, Appellee CVS Health Corporation, Appellee CVS Pharmacy, Inc.. [25-1467, 25-1843] [Entered: 04/25/2025 08:57 AM] |
| Filing 22 NOTICE of Withdrawal as Counsel filed by Aaron Z. Roper. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [25-1467, 25-1843] [Entered: 04/25/2025 06:43 AM] |
| Filing 21 Originating Court Notice of Fee Received. [25-1843, 25-1467] [Entered: 04/16/2025 09:37 AM] |
| Filing 20 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellee CVS Health Corporation, Appellee CVS Pharmacy, Inc., Appellee Caremark Rx, LLC, Appellee Caremark, LLC, Appellee CaremarkPCS, LLC, Appellee CaremarkPCS Health, LLC, Appellee Caremark IPA, LLC, Appellee Caremark Part D Services, LLC, Appellee Aetna Inc., Appellee Aetna Health Holdings, LLC, Appellee Aetna Health Management, LLC. [25-1467, 25-1843] [Entered: 04/11/2025 06:51 AM] |
| Filing 19 RESPONSE to Court Order filed by Appellee CVS Health Corporation, Appellee CVS Pharmacy, Inc., Appellee Caremark Rx, LLC, Appellee Caremark, LLC, Appellee CaremarkPCS, LLC, Appellee CaremarkPCS Health, LLC, Appellee Caremark IPA, LLC, Appellee Caremark Part D Services, LLC, Appellee Aetna Inc., Appellee Aetna Health Holdings, LLC, Appellee Aetna Health Management, LLC. [25-1467, 25-1843] [COURT ENTERED-Filing from DE#18] [Entered: 04/10/2025 11:44 AM] [Edited: 04/10/2025 11:48 AM] |
| Filing 18 DEFECTIVE---STATUS REPORT filed by Appellant Caremark IPA, LLC, Appellant Caremark Part D Services, LLC, Appellant Aetna Inc., Appellant Aetna Health Holdings, LLC, Appellant Aetna Health Management, LLC. [25-1843, 25-1467] [Filed under wrong event. Correct entry#19] [Entered: 04/09/2025 06:14 PM] [Edited: 04/10/2025 11:49 AM] |
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Filing 17
ORDER FILED. The fees for cross-appeal No. 25-1843 are overdue. Within 7 days, cross-appellants must pay $605 to the district court and file proof of payment in this court. If cross-appellants do not do so, the court will dismiss cross-appeal No. 25-1843. See 9th Cir. R. 42-1. [25-1843, 25-1467] [Entered: 04/08/2025 03:12 PM]
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Filing 16
ORDER FILED. The motion (Docket Entry No. 14) for an extension of time to file the first brief on cross-appeal is granted. The first brief on cross-appeal is due June 4, 2025. The second brief on cross-appeal is due July 7, 2025. The third brief on cross-appeal is due August 6, 2025. The optional cross-appeal reply brief is due within 21 days after the third brief on cross-appeal is served. Cross Appeal First Brief Due (Appellant) 6/4/2025, Cross Appeal Second Brief Due (Appellee) 7/7/2025, Cross Appeal Third Brief Due (Appellant) 8/6/2025 [25-1467, 25-1843] [Entered: 04/02/2025 01:23 PM]
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| Filing 15 RELEASED FROM MEDIATION (text only). These cases are released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. All further inquiries regarding these appeals, including requests for extensions of time, should be directed to the Clerks office. [25-1467, 25-1843] [Entered: 04/01/2025 03:07 PM] |
| Filing 14 MOTION to Extend Time to File Brief filed by Appellant Osterhaus Pharmacy, Inc., Appellant Cammack's Pharmacies, Inc., Appellant JCH Pharmacy Holdings, Inc., Appellant Calls Community Pharmacy, LLC. [25-1467, 25-1843] [Entered: 03/31/2025 02:57 PM] |
| Filing 13 MEDIATION QUESTIONNAIRE filed by Appellee CVS Health Corporation, Appellee CVS Pharmacy, Inc., Appellee Caremark Rx, LLC, Appellee Caremark, LLC, Appellee CaremarkPCS, LLC, Appellee CaremarkPCS Health, LLC, Appellee Caremark IPA, LLC, Appellee Caremark Part D Services, LLC, Appellee Aetna Inc., Appellee Aetna Health Holdings, LLC, Appellee Aetna Health Management, LLC. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [25-1467, 25-1843] [Entered: 03/25/2025 01:25 PM] |
| Filing 12 ADDED Counsel for Appellee Aaron Z. Roper [25-1467, 25-1843] [Entered: 03/25/2025 08:41 AM] |
| Filing 11 ADDED Counsel for Appellee Charles McCloud [25-1467, 25-1843] [Entered: 03/25/2025 08:35 AM] |
| Filing 10 NOTICE OF APPEARANCE by Aaron Z. Roper for Appellee Aetna Health Holdings, LLC, Appellee Aetna Health Management, LLC, Appellee Aetna Inc., Appellee Caremark IPA, LLC, Appellee Caremark Part D Services, LLC, Appellee Caremark Rx, LLC, Appellee Caremark, LLC, Appellee CaremarkPCS Health, LLC, Appellee CaremarkPCS, LLC, Appellee CVS Health Corporation, Appellee CVS Pharmacy, Inc.. [25-1467, 25-1843] [Entered: 03/25/2025 08:27 AM] |
| Filing 9 NOTICE OF APPEARANCE by Aaron Z. Roper for Appellant Aetna Health Holdings, LLC, Appellant Aetna Health Management, LLC, Appellant Aetna Inc., Appellant Caremark IPA, LLC, Appellant Caremark Part D Services, LLC, Appellant Caremark Rx, LLC, Appellant Caremark, LLC, Appellant CaremarkPCS Health, LLC, Appellant CaremarkPCS, LLC, Appellant CVS Health Corporation, Appellant CVS Pharmacy, Inc.. [25-1843, 25-1467] [Entered: 03/25/2025 08:25 AM] |
| Filing 8 NOTICE OF APPEARANCE by Charles McCloud for Appellee Aetna Health Holdings, LLC, Appellee Aetna Health Management, LLC, Appellee Aetna Inc., Appellee Caremark IPA, LLC, Appellee Caremark Part D Services, LLC, Appellee Caremark Rx, LLC, Appellee Caremark, LLC, Appellee CaremarkPCS Health, LLC, Appellee CaremarkPCS, LLC, Appellee CVS Health Corporation, Appellee CVS Pharmacy, Inc.. [25-1467, 25-1843] [Entered: 03/25/2025 07:24 AM] |
| Filing 7 NOTICE OF APPEARANCE by Charles McCloud for Appellant Aetna Health Holdings, LLC, Appellant Aetna Health Management, LLC, Appellant Aetna Inc., Appellant Caremark IPA, LLC, Appellant Caremark Part D Services, LLC. [25-1843, 25-1467] [Entered: 03/25/2025 07:20 AM] |
| Filing 6 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 3/25/2025, Cross Appeal First Brief Due 4/16/2025, Cross Appeal Second Brief Due 5/16/2025, Cross Appeal Third Brief Due 6/16/2025. For appeal no. 25-1467, 2:24-cv-01539-JJT. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1 [25-1843, 25-1467] [Entered: 03/20/2025 02:06 PM] |
| Filing 5 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Osterhaus Pharmacy, Inc., Appellant Cammack's Pharmacies, Inc., Appellant JCH Pharmacy Holdings, Inc., Appellant Calls Community Pharmacy, LLC. [Entered: 03/19/2025 03:25 PM] |
| Filing 4 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 04/01/2025 2:00 p.m. PACIFIC Time. See order for instructions and details. [Entered: 03/17/2025 11:57 AM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Osterhaus Pharmacy, Inc., Appellant Cammack's Pharmacies, Inc., Appellant JCH Pharmacy Holdings, Inc., Appellant Calls Community Pharmacy, LLC. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 03/12/2025 10:58 AM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 3/12/2025, Appeal Opening Brief (No Transcript Due) (Appellant) 4/16/2025, Appeal Answering Brief (No Transcript Due) (Appellee) 5/16/2025. For appeal no. 25-1467, 2:24-cv-01539-JJT. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 03/07/2025 02:01 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cv-01539-JJT has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-1467 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 03/07/2025 01:56 PM] |
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