State of Hawaii v. Express Scripts, Inc., et al.
| STATE OF HAWAII, Ex Rel. Anne E. Lopez, Attorney General |
| EXPRESS SCRIPTS, INC., CAREMARKPCS HEALTH, LLC and OPTUMRX, INC. |
| 25-3101 |
| May 14, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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Filing 22
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 21) granted. Amended briefing schedule: . Optional Reply Brief due 12/24/2025. All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. [Entered: 11/05/2025 01:31 PM]
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| Filing 21 Streamlined Request for Extension of Time to File Brief filed by Appellant Express Scripts, Inc.. [Entered: 11/05/2025 10:37 AM] |
| Filing 20 CLERK ACTION: Answering Brief submitted at DE 19 by Appellee State of Hawaii is filed. No paper copies are required. [Entered: 11/03/2025 04:17 PM] |
| Filing 19 ANSWERING BRIEF submitted for filing by Appellee State of Hawaii. [Entered: 11/03/2025 02:18 PM] |
| Filing 18 NOTICE: This case is being considered for an upcoming oral argument calendar in Honolulu. Please review the Honolulu sitting dates for February 2026 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. [25-3101, 25-3102] [Entered: 10/29/2025 01:42 PM] |
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Filing 17
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 16) granted. Amended briefing schedule: Answering Brief Due (Appellee) 11/3/2025. 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: 09/18/2025 05:39 PM]
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| Filing 16 Streamlined Request for Extension of Time to File Brief filed by Appellee State of Hawaii. [Entered: 09/18/2025 01:40 PM] |
| Filing 15 Paper copies (3) of Excerpts of Record in 5 Volumes and Index Volume submitted at DE 12 by Appellant Express Scripts, Inc. received. [Entered: 09/05/2025 04:08 PM] |
| Filing 14 Paper copies (6) of Opening Brief submitted at DE 11 by Appellant Express Scripts, Inc. received. [Entered: 09/05/2025 04:06 PM] |
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Filing 13
ORDER FILED. Opening Brief submitted at DE 11 by Appellant Express Scripts, Inc. is filed. Within 7 days of this order, Appellant 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 12 by Appellant Express Scripts, Inc. are filed. Within 7 days of this order, Appellant 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: 09/03/2025 11:37 AM]
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| Filing 12 EXCERPTS OF RECORD submitted for filing by Appellant Express Scripts, Inc.. [Entered: 09/02/2025 06:16 PM] |
| Filing 11 OPENING BRIEF submitted for filing by Appellant Express Scripts, Inc.. [Entered: 09/02/2025 06:13 PM] |
| Filing 10 ADDED Counsel for Appellee Frederick C. Baker [Entered: 07/01/2025 12:04 PM] |
| Filing 9 NOTICE OF APPEARANCE by Frederick C. Baker for Appellee State of Hawaii. [Entered: 07/01/2025 11:50 AM] |
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Filing 8
ORDER FILED. Streamlined Request for Extension of Time to File Brief (DE 7) granted. Amended briefing schedule: Opening Brief Due (Appellant) 9/2/2025, Answering Brief Due (Appellee) 10/2/2025. 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: 07/01/2025 11:39 AM]
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| Filing 7 Streamlined Request for Extension of Time to File Brief filed by Appellant Express Scripts, Inc.. [Entered: 07/01/2025 09:29 AM] |
| Filing 6 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. [25-3101, 25-3102] [Entered: 05/29/2025 10:32 AM] |
| Filing 5 DISCLOSURE STATEMENT pursuant to FRAP 26.1 and CR 26.1-1 filed by Appellant Express Scripts, Inc.. [Entered: 05/28/2025 07:46 PM] |
| Filing 4 MEDIATION ORDER: By 5/28/2025, counsel to email Circuit Mediator regarding settlement potential. Include Ninth Circuit case name and number in subject line. This communication will be kept confidential, if requested, and should not be filed with the court. The existing briefing schedule remains in effect. SEE ORDER FOR DETAILS. [Entered: 05/20/2025 03:58 PM] |
| Filing 3 MEDIATION QUESTIONNAIRE filed by Appellant Express Scripts, 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: 05/19/2025 03:24 PM] |
| Filing 2 SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 5/19/2025, Appeal Transcript Order Due (Appellant) 5/23/2025, Appeal Transcript Due (Appellant) 6/23/2025, Appeal Opening Brief Due (Appellant) 7/31/2025, Appeal Answering Brief Due (Appellee) 9/2/2025. For appeal no. 25-3101, 1:23-cv-00464-LEK-RT. 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: 05/14/2025 02:46 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 1:23-cv-00464-LEK-RT 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 25-3101 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: 05/14/2025 02:44 PM] |
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