State of Nevada v. Optum, Inc., et al.
| STATE OF NEVADA |
| OPTUMRX, INC., ELEVANCE HEALTH, INC., CARELONRX, INC., CARELON INSIGHTS, INC., EXPRESS SCRIPTS, INC., ESI MAIL PHARMACY SERVICE, INC., EXPRESS SCRIPTS PHARMACY, INC., MEDCO HEALTH SOLUTIONS, INC., OPTUM, INC., OPTUMINSIGHT, INC., OPTUMINSIGHT LIFE SCIENCES, INC., UNITEDHEALTH GROUP INCORPORATED, THE LEWIN GROUP, INC., EVERNORTH HEALTH, INC. and EXPRESS SCRIPTS SPECIALTY DISTRIBUTION SERVICES, INC. |
| 25-2234 |
| April 7, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 21, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 52 NOTICE OF ORAL ARGUMENT on Monday, December 1, 2025 - 09:30 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available #here. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for a remote appearance that has been approved or directed by the panel. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-2234] [Entered: 09/21/2025 12:19 PM] |
Filing 51
ORDER FILED. The motion (Docket Entry No. 50) to amend the caption is granted. The clerk will amend the docket to reflect that defendants Optum Inc., OptumInsight Life Sciences, Inc., OptumInsight, Inc., UnitedHealth Group Incorporated, The Lewin Group, Inc., Evernorth Health, Inc., and Express Scripts Specialty Distribution Services, Inc., are not parties on appeal. The optional reply brief remains due October 15, 2025. [Entered: 09/18/2025 04:49 PM]
|
| Filing 50 MOTION to Amend Case Caption filed by Appellant OptumRx, Inc.. [Entered: 09/16/2025 01:05 PM] |
| Filing 49 RESPONSE to notice of case being considered for oral argument filed by Christopher Michel. [Entered: 09/10/2025 08:18 AM] |
|
Filing 48
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 46) granted, Streamlined Request for Extension of Time to File Brief (DE 47) granted. Amended briefing schedule: Optional Reply Brief due 10/15/2025. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 09/08/2025 04:16 PM]
|
| Filing 47 Streamlined Request for Extension of Time to File Brief filed by Appellant OptumRx, Inc.. [Entered: 09/08/2025 12:26 PM] |
| Filing 46 Streamlined Request for Extension of Time to File Brief filed by Appellant Evernorth Health, Inc., Appellant Express Scripts, Inc., Appellant ESI Mail Pharmacy Service, Inc., Appellant Express Scripts Pharmacy, Inc., Appellant Express Scripts Specialty Distribution Services, Inc., Appellant Medco Health Solutions, Inc.. [Entered: 09/08/2025 11:17 AM] |
| Filing 45 RESPONSE to notice of case being considered for oral argument filed by Anthony J. Majestro. [Entered: 09/08/2025 10:29 AM] |
| Filing 44 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for December 2025 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [25-2234] [Entered: 09/05/2025 03:05 PM] |
| Filing 43 Paper copies (6) of Answering Brief submitted at DE 41 by Appellee State of Nevada received. [Entered: 08/29/2025 06:22 PM] |
|
Filing 42
ORDER FILED. Answering Brief submitted at DE 41 by Appellee State of Nevada is filed. Within 7 days of this order, Appellee 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. [Entered: 08/26/2025 10:11 AM]
|
| Filing 41 ANSWERING BRIEF submitted for filing by Appellee State of Nevada. [Entered: 08/25/2025 07:51 PM] |
| Filing 40 ADDED Counsel for Appellee Anthony J. Majestro [Entered: 08/25/2025 09:37 AM] |
| Filing 39 NOTICE OF APPEARANCE by Anthony J. Majestro for Appellee State of Nevada. [Entered: 08/25/2025 08:09 AM] |
|
Filing 38
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 37) granted. Amended briefing schedule: Answering Brief Due (Appellee) 8/25/2025. Optional Reply Brief due 21 days after service of Answering Brief. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 07/22/2025 03:06 PM]
|
| Filing 37 Streamlined Request for Extension of Time to File Brief filed by Appellee State of Nevada. [Entered: 07/22/2025 02:23 PM] |
| Filing 36 Paper copies (3) of Excerpts of Record in 5 Volumes and Index Volume submitted at DE 33 by Appellants received. --[COURT UPDATE:number of volumes added] [Entered: 06/30/2025 12:26 PM] [Edited: 09/30/2025 09:22 AM] |
| Filing 35 Paper copies (6) of Opening Brief submitted at DE 32 by Appellants is received. [Entered: 06/30/2025 12:24 PM] |
|
Filing 34
ORDER FILED. Opening Brief submitted at DE 32 by Appellants is filed. Within 7 days of this order, Appellants 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 32 by Appellants are filed. Within 7 days of this order, Appellants 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. [Entered: 06/25/2025 09:15 AM]
|
| Filing 33 EXCERPTS OF RECORD submitted for filing by Appellant Evernorth Health, Inc., Appellant Express Scripts, Inc., Appellant ESI Mail Pharmacy Service, Inc., Appellant Express Scripts Pharmacy, Inc., Appellant Express Scripts Specialty Distribution Services, Inc., Appellant Medco Health Solutions, Inc.. [Entered: 06/24/2025 04:58 PM] |
| Filing 32 OPENING BRIEF submitted for filing by Appellant Evernorth Health, Inc., Appellant Express Scripts, Inc., Appellant ESI Mail Pharmacy Service, Inc., Appellant Express Scripts Pharmacy, Inc., Appellant Express Scripts Specialty Distribution Services, Inc., Appellant Medco Health Solutions, Inc.. [Entered: 06/24/2025 04:53 PM] |
|
Filing 31
ORDER FILED. William A. FLETCHER, Lucy H. KOH The motion (Docket Entry No. 5) to stay the district courts March 30, 2025 order is denied. See Nken v. Holder, 556 U.S. 418, 434 (2009) (defining standard for stay pending appeal). The request to expedite is granted in part. The existing briefing schedule remains in effect. The clerk will place this case on the next available calendar after the answering brief is filed. See 9th Cir. Gen. Ord. 3.3(f). [Entered: 05/21/2025 03:29 PM]
|
| Filing 30 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions. [Entered: 05/14/2025 08:10 AM] |
| Filing 29 TERMINATED participation of Counsel for Appellant Ryan T. Gormley, representing Appellant Optum, Inc., Appellant OptumInsight Life Sciences, Inc., Appellant OptumInsight, Inc., Appellant OptumRx, Inc., Appellant The Lewin Group, Inc., Appellant UnitedHealth Group Incorporated. [Entered: 05/13/2025 01:55 PM] |
| Filing 28 NOTICE of Withdrawal as Counsel filed by Ryan T. Gormley. Counsel withdrawing on behalf of other attorney(s): No [[-]]. Party proceeding without counsel: No. [-]. [Entered: 05/13/2025 11:59 AM] |
| Filing 27 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 25) filed by Appellant Evernorth Health, Inc., Appellant Express Scripts, Inc., Appellant ESI Mail Pharmacy Service, Inc., Appellant Express Scripts Pharmacy, Inc., Appellant Express Scripts Specialty Distribution Services, Inc., Appellant Medco Health Solutions, Inc.. [Entered: 04/24/2025 12:36 PM] |
| Filing 26 MEDIATION CONFERENCE SCHEDULED - DIAL-IN Assessment Conference, 5/13/2025, 11:00 a.m. PACIFIC Time. See order for instructions and details. [Entered: 04/18/2025 07:50 AM] |
| Filing 25 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 5) filed by Appellee State of Nevada. [Entered: 04/17/2025 01:03 PM] |
| Filing 24 NOTICE of Transcript Designation filed by Appellant Express Scripts, Inc., Appellant ESI Mail Pharmacy Service, Inc., Appellant Express Scripts Pharmacy, Inc., Appellant Medco Health Solutions, Inc.. [Entered: 04/17/2025 10:38 AM] |
| Filing 23 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant OptumRx, Inc.. [Entered: 04/16/2025 03:24 PM] |
| Filing 22 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Express Scripts, Inc., Appellant ESI Mail Pharmacy Service, Inc., Appellant Express Scripts Pharmacy, Inc., Appellant Medco Health Solutions, Inc.. [Entered: 04/16/2025 02:41 PM] |
| Filing 21 MEDIATION QUESTIONNAIRE filed by Appellant OptumRx, Inc.. 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: 04/14/2025 02:36 PM] |
| Filing 20 MEDIATION QUESTIONNAIRE filed by Appellant Express Scripts, Inc., Appellant ESI Mail Pharmacy Service, Inc., Appellant Express Scripts Pharmacy, Inc., Appellant Medco Health Solutions, Inc.. 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: 04/14/2025 11:27 AM] |
| Filing 19 ADDED Counsel for Appellee Robert Ted Eglet [Entered: 04/09/2025 11:46 AM] |
| Filing 18 ADDED Counsel for Appellee Erica Entsminger [Entered: 04/09/2025 11:16 AM] |
| Filing 17 NOTICE OF APPEARANCE by Mark Krueger for Appellee State of Nevada. [Entered: 04/09/2025 11:00 AM] |
| Filing 16 NOTICE OF APPEARANCE by Robert Ted Eglet for Appellee State of Nevada. [Entered: 04/08/2025 05:00 PM] |
| Filing 15 NOTICE OF APPEARANCE by Erica Entsminger for Appellee State of Nevada. [Entered: 04/08/2025 04:53 PM] |
| Filing 14 ADDED Counsel for Appellant Kiel Ireland [Entered: 04/08/2025 04:32 PM] |
| Filing 13 NOTICE OF APPEARANCE by Kiel Ireland for Appellant ESI Mail Pharmacy Service, Inc., Appellant Evernorth Health, Inc., Appellant Express Scripts Pharmacy, Inc., Appellant Express Scripts Specialty Distribution Services, Inc., Appellant Express Scripts, Inc., Appellant Medco Health Solutions, Inc.. [Entered: 04/08/2025 04:28 PM] |
| Filing 12 ADDED Counsel for Appellant Charles Barnwell Straut [Entered: 04/08/2025 11:53 AM] |
| Filing 11 NOTICE OF APPEARANCE by Charles Barnwell Straut for Appellant ESI Mail Pharmacy Service, Inc., Appellant Express Scripts Pharmacy, Inc., Appellant Express Scripts, Inc., Appellant Medco Health Solutions, Inc.. [Entered: 04/08/2025 11:49 AM] |
| Filing 10 NOTICE OF APPEARANCE by Brian D. Boone for Appellant OptumRx, Inc.. [Entered: 04/08/2025 11:30 AM] |
| Filing 9 NOTICE OF APPEARANCE by Matthew P. Hooker for Appellant OptumRx, Inc.. [Entered: 04/08/2025 11:29 AM] |
| Filing 8 NOTICE OF APPEARANCE by Jonathan Gordon Cooper for Appellant ESI Mail Pharmacy Service, Inc., Appellant Evernorth Health, Inc., Appellant Express Scripts Pharmacy, Inc., Appellant Express Scripts Specialty Distribution Services, Inc., Appellant Express Scripts, Inc., Appellant Medco Health Solutions, Inc.. [Entered: 04/08/2025 11:13 AM] |
| Filing 7 ADDED Counsel for Appellant Alexander Akerman [Entered: 04/08/2025 09:16 AM] |
| Filing 6 NOTICE OF APPEARANCE by Alexander Akerman for Appellant OptumRx, Inc.. [Entered: 04/07/2025 06:31 PM] |
| Filing 5 MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant Evernorth Health, Inc., Appellant Express Scripts, Inc., Appellant ESI Mail Pharmacy Service, Inc., Appellant Express Scripts Pharmacy, Inc., Appellant Express Scripts Specialty Distribution Services, Inc., Appellant Medco Health Solutions, Inc.. [Entered: 04/07/2025 04:49 PM] |
| Filing 4 ADDED Counsel for Appellant Christopher Michel [Entered: 04/07/2025 04:17 PM] |
| Filing 3 NOTICE OF APPEARANCE by Christopher Michel for Appellant ESI Mail Pharmacy Service, Inc., Appellant Evernorth Health, Inc., Appellant Express Scripts Pharmacy, Inc., Appellant Express Scripts Specialty Distribution Services, Inc., Appellant Express Scripts, Inc., Appellant Medco Health Solutions, Inc.. [Entered: 04/07/2025 03:57 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 4/14/2025, Appeal Transcript Order Due (Appellant) 4/18/2025, Appeal Transcript Due (Appellant) 5/19/2025, Appeal Opening Brief Due (Appellant) 6/24/2025, Appeal Answering Brief Due (Appellee) 7/24/2025. For appeal no. 25-2234, 2:24-cv-00493-RFB-DJA. 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: 04/07/2025 02:47 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 2:24-cv-00493-RFB-DJA 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 25-2234 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: 04/07/2025 02:44 PM] |
Access additional case information on PACER
Access the Case Summary and Docket Report to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
