Green et al v. Paz et al
Plaintiff: Randy Green
Defendant: Mr. David Queller, Mr. Woodrow Myers, Mr. Nicholas Lahowchic, Elder Granger, Mr. James Havel, Seymour Sternberg, William Delaney, CIGNA Corporation, Mr. Maura Breen, George Paz, Frank Mergenthaler, Timothy Wentworth, Mr. Eric Slusser, Mr. Thomas MacMahon, Mr. William Roper and Mr. Roderick Palmore
Consolidated Defendant: Christopher Knibb, Gary G. Benanav and Christopher McGinnis
Consolidated Plaintiff: Clifford Elow
Case Number: 1:2020cv00324
Filed: March 4, 2020
Court: US District Court for the District of Delaware
Presiding Judge: Leonard P Stark
Nature of Suit: Stockholders Suits
Cause of Action: 28:1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 4, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 4, 2020 Filing 55 Local Counsel Letter sent to: Richard B. Fosher, Roger A. Sachar, Willem F. Jonckheer, Jeffrey S. Russell, Jonathan B. Potts, Christopher A. Smith, George Fanton Manley, and Timothy Perla. Notice of Compliance deadline set for 4/3/2020. (mal)
March 4, 2020 Filing 54 Record of case transferred in from District of Missouri Eastern; Case Number in Other District: 4:16-cv-01900. Copy of Docket Sheet and original file
February 4, 2020 Opinion or Order Filing 53 MEMORANDUM AND ORDER OF TRANSFER TO OTHER DISTRICT. (See Full Order.) IT IS HEREBY ORDERED that defendant Cigna Corporation's motion to dismiss under the doctrine of forum non conveniens is denied. In all other respects, defendant Cigna Corporation's motion to dismiss and the individual defendants' motion to dismiss are reserved for ruling by the Delaware federal court. IT IS FURTHER ORDERED that this action is transferred under 28 U.S.C. 1404(a) to the United States District Court for the District of Delaware. ( Case to be transferred after 3/3/2020.) Signed by District Judge Catherine D. Perry on 2/4/2020. (CBL) [Transferred from Missouri Eastern on 3/4/2020.]
September 24, 2019 Opinion or Order Filing 52 Docket Text ORDER: Re: #50 MOTION to Seal Document (Reply Memorandum of Law in Support of Individual Defendants' Motion to Dismiss) by Consolidated Filer Defendants Gary G. Benanav, Christopher Knibb, Christopher McGinnis, Defendants Maura Breen, William Delaney, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Russell, Jeffrey) filed by Christopher Knibb, Eric Slusser, George Paz, Gary G. Benanav, Thomas MacMahon, Nicholas Lahowchic, William Roper, Seymour Sternberg, Frank Mergenthaler, Timothy Wentworth, Elder Granger, Christopher McGinnis, James Havel, David Queller, Maura Breen, William Delaney, Woodrow Myers, Roderick Palmore; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 09/24/2019. (TMT) [Transferred from Missouri Eastern on 3/4/2020.]
September 23, 2019 Filing 51 REPLY to Response to Motion re #40 MOTION to Dismiss Party Individual Defendants filed by Consolidated Filer Defendants Gary G. Benanav, Christopher Knibb, Christopher McGinnis, Defendants Maura Breen, William Delaney, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Attachments: #1 Exhibit 1 - Express Scripts 2014 10-K Excerpt, #2 Exhibit 2 - FASB ASC 350-30-35)(Russell, Jeffrey) [Transferred from Missouri Eastern on 3/4/2020.]
September 23, 2019 Filing 50 MOTION to Seal Document (Reply Memorandum of Law in Support of Individual Defendants' Motion to Dismiss) by Consolidated Filer Defendants Gary G. Benanav, Christopher Knibb, Christopher McGinnis, Defendants Maura Breen, William Delaney, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Russell, Jeffrey) [Transferred from Missouri Eastern on 3/4/2020.]
September 23, 2019 Filing 49 REPLY to Response to Motion re #36 MOTION to Dismiss Case filed by Defendant Cigna Corporation. (Smith, Christopher) [Transferred from Missouri Eastern on 3/4/2020.]
August 23, 2019 Opinion or Order Filing 48 Docket Text ORDER: Re: #44 MOTION for Leave to File Sealed Document by Consolidated Filer Plaintiff Clifford Elow, Plaintiff Randy Green. (Sachar, Roger); ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 8/23/2019. (BRP) [Transferred from Missouri Eastern on 3/4/2020.]
August 22, 2019 Filing 47 DECLARATION filed by Consolidated Filer Plaintiff Clifford Elow, Plaintiff Randy Green re #45 Memorandum in Opposition of Sealed Motion, #46 Memorandum in Opposition to Motion . (Attachments: #1 Exhibit Ex. 1 El Pollo Loco Transcript, #2 Exhibit Ex. 2 Securities Action Letter Motion and Docket, #3 Exhibit Ex. 3 NY Action Dismissal Order, #4 Exhibit Ex. 4 NY Action Stipulation of Dismissal, #5 Exhibit Ex. 5 Elow Motion to Intervene, #6 Exhibit Ex. 6 Order Denying Elow Motion)(Sachar, Roger) [Transferred from Missouri Eastern on 3/4/2020.]
August 22, 2019 Filing 46 MEMORANDUM in Opposition re #40 MOTION to Dismiss Party Individual Defendants filed by Consolidated Filer Plaintiff Clifford Elow, Plaintiff Randy Green. (Sachar, Roger) [Transferred from Missouri Eastern on 3/4/2020.]
August 22, 2019 Filing 45 MEMORANDUM in Opposition of Sealed Motion re #40 MOTION to Dismiss Party Individual Defendants, #44 MOTION for Leave to File Sealed Document filed by Consolidated Filer Plaintiff Clifford Elow, Plaintiff Randy Green. (Sachar, Roger) [Transferred from Missouri Eastern on 3/4/2020.]
August 22, 2019 Filing 44 MOTION for Leave to File Sealed Document by Consolidated Filer Plaintiff Clifford Elow, Plaintiff Randy Green. (Attachments: #1 Exhibit Ex. A - Confidentiality Order, #2 Text of Proposed Order Proposed Order)(Sachar, Roger) [Transferred from Missouri Eastern on 3/4/2020.]
August 22, 2019 Filing 43 MEMORANDUM in Opposition re #36 MOTION to Dismiss Case filed by Consolidated Filer Plaintiff Clifford Elow, Plaintiff Randy Green. (Sachar, Roger) [Transferred from Missouri Eastern on 3/4/2020.]
July 9, 2019 Opinion or Order Filing 42 Docket Text ORDER: Re: [32, 35] MOTIONS for Leave to Appear Pro Hac Vice Timothy J. Perla, George F. Manley; #39 MOTION to Seal Document ; ALL ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 7/9/19. (CDP) [Transferred from Missouri Eastern on 3/4/2020.]
July 8, 2019 Filing 41 MEMORANDUM in Support of Motion (SEALED) re #40 MOTION to Dismiss Party Individual Defendants filed by Consolidated Filer Defendants Gary G. Benanav, Christopher Knibb, Christopher McGinnis, Defendants Maura Breen, William Delaney, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Attachments: #1 Exhibit 1 - Press Release (Dec. 2009), #2 Exhibit 2 - In re Express Scripts (2d Cir.), #3 Exhibit 3 - In re Express Scripts (2017), #4 Exhibit 4 - In re Express Scripts (2018), #5 Exhibit 5 - Brewer v. Breen, #6 Exhibit 6 - Express Scripts 10-K (Feb. 2016), #7 Exhibit 7 - Express Scripts Analyst/Investor Day (Feb. 2015), #8 Exhibit 8 - Express Scripts Conference Call (Dec. 2015), #9 Exhibit 9 - Express Scripts Conference Call (Feb. 2016), #10 Exhibit 10 - Anthem Conference Call (Sept. 2015), #11 Exhibit 11 - Anthem Conference Call (Jan. 2016))(Russell, Jeffrey) [Transferred from Missouri Eastern on 3/4/2020.]
July 8, 2019 Filing 40 MOTION to Dismiss Party Individual Defendants by Consolidated Filer Defendants Gary G. Benanav, Christopher Knibb, Christopher McGinnis, Defendants Maura Breen, William Delaney, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Russell, Jeffrey) [Transferred from Missouri Eastern on 3/4/2020.]
July 8, 2019 Filing 39 MOTION to Seal Document (Memorandum of Law in Support of the Individual Defendants' Motion to Dismiss) by Consolidated Filer Defendants Gary G. Benanav, Christopher Knibb, Christopher McGinnis, Defendants Maura Breen, William Delaney, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Russell, Jeffrey) [Transferred from Missouri Eastern on 3/4/2020.]
July 8, 2019 Filing 38 DECLARATION filed by Defendant Cigna Corporation re #37 Memorandum in Support of Motion (Declaration of Timothy J. Perla). (Attachments: #1 Exhibit A, letter from Cigna's Counsel to Plaintiffs' Counsel dated July 2, 2019, #2 Exhibit B, emails between Cigna's Counsel and Plaintiffs' Counsel dated July 2, 2019, #3 Exhibit C, Restated By-Laws of Cigna Corporation)(Smith, Christopher) [Transferred from Missouri Eastern on 3/4/2020.]
July 8, 2019 Filing 37 MEMORANDUM in Support of Motion re #36 MOTION to Dismiss Case filed by Defendant Cigna Corporation. (Smith, Christopher) [Transferred from Missouri Eastern on 3/4/2020.]
July 8, 2019 Filing 36 MOTION to Dismiss Case by Defendant Cigna Corporation. (Smith, Christopher) [Transferred from Missouri Eastern on 3/4/2020.]
July 2, 2019 Filing 35 MOTION for Leave to Appear Pro Hac Vice Timothy J. Perla. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7311780) by Defendant Cigna Corporation. (Attachments: #1 Certificate of Good Standing)(Perla, Timothy) [Transferred from Missouri Eastern on 3/4/2020.]
July 2, 2019 Filing 34 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Cigna Corporation. Parent companies: None, Subsidiaries: None, Publicly held company: Cigna Corporation,. (Smith, Christopher) [Transferred from Missouri Eastern on 3/4/2020.]
July 2, 2019 Filing 33 ENTRY of Appearance by Christopher A. Smith for Defendant Cigna Corporation. (Smith, Christopher) [Transferred from Missouri Eastern on 3/4/2020.]
July 1, 2019 Filing 32 MOTION for Leave to Appear Pro Hac Vice George F. Manley. The Certificate of Good Standing was attached.(Filing fee $100 receipt number AMOEDC-7309155) by Defendant Cigna Corporation. (Attachments: #1 Certificate of Good Standing)(Manley, George) [Transferred from Missouri Eastern on 3/4/2020.]
May 28, 2019 Opinion or Order Filing 31 Docket Text ORDER: Re: #27 MOTION for Leave to File Sealed Document (Amended Complaint): ORDERED GRANTED; #23 MOTION to Dismiss Case : ORDERED DENIED as moot because of filing of amended complaint and parties' stipulation #30 for deadlines for motions directed to the amended complaint. Signed by District Judge Catherine D. Perry on 5/28/19. (CDP) [Transferred from Missouri Eastern on 3/4/2020.]
May 22, 2019 Filing 30 STIPULATION Stipulation for Acceptance of Service and Schedule by Defendants Maura Breen, William Delaney, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Potts, Jonathan) [Transferred from Missouri Eastern on 3/4/2020.]
May 10, 2019 Filing 29 AMENDED COMPLAINT [Redacted] Verified First Amended Consolidated Shareholder Derivative Complaint against defendant All Defendants,Terminating Express Scripts Holding Company Amendment to #1 Complaint,, Cigna Corporation Summons(es) issued, Jury Demand demand, [Redacted] Verified First Amended Consolidated Shareholder Derivative Complaint, filed by Randy Green, Clifford Elow. Related document: #1 Complaint,, filed by Randy Green. (Attachments: #1 Exhibit A - Correspondence, #2 Exhibit B - Correspondence, #3 Exhibit C - Correspondence, #4 Exhibit D - Code of Conduct, #5 Exhibit E - SDNY - Anthem Complaint, #6 Exhibit F - SDNY - ESHC Answer and Counterclaims, #7 Exhibit G - Board Materials, #8 Exhibit H - Board Materials, #9 Exhibit I - Board Materials, #10 Exhibit J - Board Materials, #11 Exhibit K - Board Materials, #12 Exhibit L - Board Materials, #13 Exhibit M - Board Materials, #14 Exhibit N - Board Materials, #15 Exhibit O - Board Materials, #16 Exhibit P - Board Materials, #17 Exhibit Q - Board Materials, #18 Exhibit R - Board Materials, #19 Exhibit S - Board Materials, #20 Exhibit T - Board Materials, #21 Exhibit U - Board Materials, #22 Exhibit V - Correspondence, #23 Exhibit Green Verification, #24 Exhibit Elow Verification, #25 Summons Cigna Summons)(Sachar, Roger) [Transferred from Missouri Eastern on 3/4/2020.]
May 10, 2019 Filing 28 SEALED DOCUMENT Verified First Amended Consolidated Shareholder Derivative Complaint by Consolidated Filer Plaintiff Clifford Elow, Plaintiff Randy Green. (Attachments: #1 Exhibit A - Correspondence, #2 Exhibit B - Correspondence, #3 Exhibit C - Correspondence, #4 Exhibit D - Code of Conduct, #5 Exhibit E - SDNY - Anthem Complaint, #6 Exhibit F - SDNY - ESHC Answer and Counterclaims, #7 Exhibit G - Board Materials, #8 Exhibit H - Board Materials, #9 Exhibit I - Board Materials, #10 Exhibit J - Board Materials, #11 Exhibit K - Board Materials, #12 Exhibit L - Board Materials, #13 Exhibit M - Board Materials, #14 Exhibit N - Board Materials, #15 Exhibit O - Board Materials, #16 Exhibit P - Board Materials, #17 Exhibit Q - Board Materials, #18 Exhibit R - Board Materials, #19 Exhibit S - Board Materials, #20 Exhibit T - Board Materials, #21 Exhibit U - Board Materials, #22 Exhibit V - Correspondence, #23 Exhibit Green Verification, #24 Exhibit Elow Verification)(Sachar, Roger) [Transferred from Missouri Eastern on 3/4/2020.]
May 10, 2019 Filing 27 MOTION for Leave to File Sealed Document Amended Complaint by Consolidated Filer Plaintiff Clifford Elow, Plaintiff Randy Green. (Attachments: #1 Exhibit Court Order, #2 Text of Proposed Order Proposed Order)(Sachar, Roger) [Transferred from Missouri Eastern on 3/4/2020.]
April 25, 2019 Opinion or Order Filing 26 Docket Text ORDER: Re: #25 First MOTION for Extension of Time to File Response: ORDERED GRANTED only to the following extent: plaintiffs shall file any brief in opposition to the motion to dismiss no later than June 5,2019 and defendant shall file any reply brief no later than June 26, 2019; FURTHER ORDERED that the STAY of this matter is lifted and plaintiff's motion to continue the stay #20 is denied as moot. Signed by District Judge Catherine D. Perry on 4/25/19. (CDP) [Transferred from Missouri Eastern on 3/4/2020.]
April 24, 2019 Filing 25 First MOTION for Extension of Time to File Response/Reply as to #23 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' Consolidated Action by Consolidated Filer Plaintiff Clifford Elow, Plaintiff Randy Green. (Attachments: #1 Attachment Proposed Order)(Sachar, Roger) [Transferred from Missouri Eastern on 3/4/2020.]
April 19, 2019 Filing 24 MEMORANDUM in Support of Motion re #23 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' Consolidated Action Memorandum of Law in Support of Defendants' Motion to Dismiss Plaintiffs' Consolidated Action filed by Defendants Maura Breen, William Delaney, Express Scripts Holding Company, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Attachments: #1 Exhibit 1(A), #2 Exhibit 1(B), #3 Exhibit 1(C), #4 Exhibit 1(D), #5 Exhibit 2, #6 Exhibit 3)(Russell, Jeffrey) [Transferred from Missouri Eastern on 3/4/2020.]
April 19, 2019 Filing 23 MOTION to Dismiss Case Defendants' Motion to Dismiss Plaintiffs' Consolidated Action by Defendants Maura Breen, William Delaney, Express Scripts Holding Company, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Russell, Jeffrey) [Transferred from Missouri Eastern on 3/4/2020.]
January 29, 2019 Filing 22 RESPONSE in Opposition re #20 MOTION to Stay Defendants' Opposition to Plaintiffs' Motion to Stay Case filed by Consolidated Filer Defendants Gary G. Benanav, Christopher Knibb, Christopher McGinnis, Defendants Maura Breen, William Delaney, Express Scripts Holding Company, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Potts, Jonathan) [Transferred from Missouri Eastern on 3/4/2020.]
January 24, 2019 Filing 21 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendant Express Scripts Holding Company. Parent companies: Cigna Corporation, Subsidiaries: N/A, Publicly held company: N/A,. (Potts, Jonathan) [Transferred from Missouri Eastern on 3/4/2020.]
January 22, 2019 Filing 20 STATUS REPORT and MOTION to Stay by Clifford Elow, Randy Green. (Attachments: #1 Text of Proposed Order Stay Order)(Sachar, Roger) Modified on 1/23/2019 (CBL). [Transferred from Missouri Eastern on 3/4/2020.]
January 22, 2019 Filing 19 STATUS REPORT Report on Status of Related Case by Gary G. Benanav, Maura Breen, William Delaney, Express Scripts Holding Company, Elder Granger, James Havel, Christopher Knibb, Nicholas Lahowchic, Thomas MacMahon, Christopher McGinnis, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Russell, Jeffrey) [Transferred from Missouri Eastern on 3/4/2020.]
October 1, 2018 Opinion or Order Filing 18 MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs Randy Green and Clifford Elow's Motion to Lift Stay and Consolidate #15 is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that Case No. 4:16CV1900 CDP is REOPENED. IT IS FURTHER ORDERED that Case Nos. 4:16CV1900 CDP and 4:18CV1077 RLW are consolidated for all purposes. All further filings shall be filed in Case No. 4:16CV1900 CDP only. The Clerk of Court shall administratively close Case No. 4:18CV1077 RLW. IT IS FURTHER ORDERED that the stay in Case No. 4:16CV1900 CDP remains in place. IT IS FURTHER ORDERED that within thirty (30) days of either the completion of the merger of Express Scripts and Cigna Corporation, or termination of the merger, counsel for all parties shall meet and confer and file with the Court an appropriate motion to lift the stay and a joint proposal on how next to proceed in this case, including whether an amended consolidated complaint will or should be filed and, if so, when; and whether a briefing schedule on an anticipated motion to dismiss is appropriate and, if so, a proposed schedule. Signed by District Judge Catherine D. Perry on October 1, 2018. (MCB) [Transferred from Missouri Eastern on 3/4/2020.]
September 27, 2018 Filing 17 REPLY to Response to Motion re #15 MOTION to Consolidate Cases Plaintiffs' Motion to Lift Stay and Consolidate Related Action and Memorandum of Law in Support Thereof Consolidate with higher case number 4:18-cv-01077-RLW filed by Plaintiff Randy Green. (Jonckheer, Willem) [Transferred from Missouri Eastern on 3/4/2020.]
September 20, 2018 Filing 16 RESPONSE to Motion re #15 MOTION to Consolidate Cases Plaintiffs' Motion to Lift Stay and Consolidate Related Action and Memorandum of Law in Support Thereof Consolidate with higher case number 4:18-cv-01077-RLW filed by Defendants Maura Breen, William Delaney, Express Scripts Holding Company, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Attachments: #1 Exhibit A - Opinion and Order in SDNY Derivative Action, #2 Exhibit B - Stipulation and Order in SDNY Derivative Action, #3 Exhibit C - Opinion in Securities Class Action)(Russell, Jeffrey) [Transferred from Missouri Eastern on 3/4/2020.]
September 14, 2018 Filing 15 MOTION to Consolidate Cases Plaintiffs' Motion to Lift Stay and Consolidate Related Action and Memorandum of Law in Support Thereof Consolidate with higher case number 4:18-cv-01077-RLW by Plaintiff Randy Green. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Proposed Order)(Jonckheer, Willem) [Transferred from Missouri Eastern on 3/4/2020.]
February 1, 2018 Filing 14 STATUS REPORT Report on Status of Related Case by Maura Breen, William Delaney, Express Scripts Holding Company, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Attachments: #1 Exhibit A)(Russell, Jeffrey) [Transferred from Missouri Eastern on 3/4/2020.]
June 12, 2017 Opinion or Order Filing 13 ORDER. IT IS HEREBY ORDERED that this case will be stayed pending resolution of the related shareholder derivative suit pending in the Southern District of New York. IT IS FURTHER ORDERED that the parties' joint motion for relief [ECF No. #9 ] is denied as moot. IT IS FINALLY ORDERED that the Clerk of Court shall administratively close this action. Signed by District Judge Catherine D. Perry on 6/12/17. (EAB) [Transferred from Missouri Eastern on 3/4/2020.]
June 5, 2017 Filing 12 RESPONSE TO ORDER TO SHOW CAUSE re #10 Order, by Plaintiff Randy Green. (Jonckheer, Willem) [Transferred from Missouri Eastern on 3/4/2020.]
June 5, 2017 Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re #10 Order, by Defendants Maura Breen, William Delaney, Express Scripts Holding Company, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Potts, Jonathan) [Transferred from Missouri Eastern on 3/4/2020.]
May 5, 2017 Opinion or Order Filing 10 ORDER. IT IS HEREBY ORDERED that all parties to this action must show cause, in writing and not later than June 5, 2017, why this case should not be stayed pending resolution of the related shareholder derivative suit pending in the Southern District of New York. IT IS FURTHER ORDERED that pending further order, defendants'obligation to respond to the pending complaint is suspended. Signed by District Judge Catherine D. Perry on 5/5/17. (EAB) [Transferred from Missouri Eastern on 3/4/2020.]
April 25, 2017 Filing 9 MOTION for Relief (Joint Stipulation and Motion for Scheduling Order) Stay by Defendants Maura Breen, William Delaney, Express Scripts Holding Company, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Russell, Jeffrey) [Transferred from Missouri Eastern on 3/4/2020.]
April 5, 2017 Opinion or Order Filing 8 ORDER DENYING TRANSFER regarding multidistrict litigation MDL No. 2769, IN RE: EXPRESS SCRIPTS HOLDING COMPANY SECURITIES, DERIVATIVE AND EMPLOYEE RETIREMENT INCOME SECURITY ACT (ERISA) LITIGATION. IT IS THEREFORE ORDERED that the motion for centralization of these actions is denied. (DJO) [Transferred from Missouri Eastern on 3/4/2020.]
February 14, 2017 Opinion or Order Filing 7 Docket Text ORDER: Re: #4 Joint MOTION to Stay Joint Stipulation and Motion to Stay Case ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 2/14/17. (CDP) [Transferred from Missouri Eastern on 3/4/2020.]
February 10, 2017 Filing 6 CJRA ORDER (GJL). Magistrate Judge Noelle C. Collins termed. Case reassigned to District Judge Catherine D. Perry for all further proceedings. (KCB) [Transferred from Missouri Eastern on 3/4/2020.]
February 9, 2017 Filing 5 ENTRY of Appearance by Jonathan B. Potts for Defendants Maura Breen, William Delaney, Express Scripts Holding Company, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Potts, Jonathan) [Transferred from Missouri Eastern on 3/4/2020.]
February 1, 2017 Filing 4 Joint MOTION to Stay Joint Stipulation and Motion to Stay Case by Defendants Maura Breen, William Delaney, Express Scripts Holding Company, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Russell, Jeffrey) [Transferred from Missouri Eastern on 3/4/2020.]
February 1, 2017 Filing 3 ENTRY of Appearance by Jeffrey S. Russell for Defendants Maura Breen, William Delaney, Express Scripts Holding Company, Elder Granger, James Havel, Nicholas Lahowchic, Thomas MacMahon, Frank Mergenthaler, Woodrow Myers, Roderick Palmore, George Paz, David Queller, William Roper, Eric Slusser, Seymour Sternberg, Timothy Wentworth. (Russell, Jeffrey) [Transferred from Missouri Eastern on 3/4/2020.]
December 7, 2016 Filing 2 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401. (CSAW) [Transferred from Missouri Eastern on 3/4/2020.]
December 7, 2016 Case Opening Notification: Waivers issued 16. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. and all non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file Disclosure of Organizational Interests Certificate # (moed-0001.pdf). Judge Assigned: Honorable Noelle C. Collins. (MFG) [Transferred from Missouri Eastern on 3/4/2020.]
December 7, 2016 Filing 1 COMPLAINT Shareholder Derivative Complaint against defendant All Defendants with receipt number 0865-5709185, in the amount of $400 Jury Demand,, filed by Randy Green. (Attachments: #1 Civil Cover Sheet, #2 Original Filing Form, #3 Waiver of Service, #4 Waiver of Service, #5 Waiver of Service, #6 Waiver of Service, #7 Waiver of Service, #8 Waiver of Service, #9 Waiver of Service, #10 Waiver of Service, #11 Waiver of Service, #12 Waiver of Service, #13 Waiver of Service, #14 Waiver of Service, #15 Waiver of Service, #16 Waiver of Service, #17 Waiver of Service, #18 Waiver of Service)(Fosher, Richard) [Transferred from Missouri Eastern on 3/4/2020.]

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Defendant: Mr. David Queller
Represented By: Paul J. Lockwood
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Defendant: Mr. Woodrow Myers
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Defendant: Mr. Nicholas Lahowchic
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Defendant: Elder Granger
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Defendant: Mr. James Havel
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Defendant: Seymour Sternberg
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Defendant: William Delaney
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Defendant: CIGNA Corporation
Represented By: Ryan Patrick Newell
Represented By: Timothy J. Perla
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Defendant: Mr. Maura Breen
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Defendant: George Paz
Represented By: Paul J. Lockwood
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Defendant: Frank Mergenthaler
Represented By: Paul J. Lockwood
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Defendant: Timothy Wentworth
Represented By: Paul J. Lockwood
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Defendant: Mr. Eric Slusser
Represented By: Paul J. Lockwood
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Defendant: Mr. Thomas MacMahon
Represented By: Paul J. Lockwood
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Defendant: Mr. William Roper
Represented By: Paul J. Lockwood
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Defendant: Mr. Roderick Palmore
Represented By: Paul J. Lockwood
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Consolidated defendant: Christopher Knibb
Represented By: Paul J. Lockwood
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Consolidated defendant: Gary G. Benanav
Represented By: Paul J. Lockwood
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Consolidated defendant: Christopher McGinnis
Represented By: Paul J. Lockwood
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Plaintiff: Randy Green
Represented By: Thomas A. Uebler
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Consolidated plaintiff: Clifford Elow
Represented By: Thomas A. Uebler
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