Humana, Inc. v. St. Jude Medical, LLC et al
| Humana, Inc. |
| Abbott Laboratories and St. Jude Medical, LLC |
| 1:2020cv01661 |
| December 7, 2020 |
| US District Court for the District of Delaware |
| Stephanos Bibas |
| Other Fraud |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 62 NOTICE of Docketing Record on Appeal from USCA for the Third Circuit re #61 Notice of Appeal (Third Circuit) filed by Humana, Inc. USCA Case Number 21-1055. USCA Case Manager: Carmella (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF) (ca3amr) |
| Filing 61 NOTICE OF APPEAL of #60 Order Dismissing Case . Appeal filed by Humana, Inc.. (Bennett, Blake) |
Filing 60
ORDER, Consolidating cases 1:20-cv-1661-SB and 1:20-cv-1032-SB and DISMISSING WITH PREJUDICE. The clerk is directed to close the case. (CASE CLOSED). Signed by Judge Stephanos Bibas on 1/8/2021. (nmg)
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| APPEAL - Credit Card Payment of $505.00 received re #61 Notice of Appeal (Third Circuit) filed by Humana, Inc.. ( Filing fee $505, receipt number ADEDC-3451861.) (Bennett, Blake) |
| Filing 59 MOTION to Consolidate Cases PLAINTIFF HUMANA INC.S UNOPPOSED MOTION TO CONSOLIDATE - filed by Humana, Inc.. (Attachments: #1 STATEMENT PURSUANT TO LOCAL RULE 7.1.1)(Bennett, Blake) |
| Filing 58 Joint STATUS REPORT Pursuant to the Court's December 16, 2020 Order by Humana, Inc.. (Bennett, Blake) |
| Filing 57 NOTICE of Appearance by Rudolf Koch on behalf of Abbott Laboratories, St. Jude Medical, LLC (Koch, Rudolf) |
| Filing 56 NOTICE of Appearance by Jason James Rawnsley on behalf of Abbott Laboratories, St. Jude Medical, LLC (Rawnsley, Jason) |
| Filing 55 NOTICE of Appearance by Blake A. Bennett on behalf of Humana, Inc. (Bennett, Blake) |
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ORAL ORDER: On December 10, the Court granted St. Jude Medical's motion to dismiss in the related case (1:20-cv-1032-SB). In light of that dismissal, IT IS HEREBY ORDERED that counsel shall provide the Court with a joint status report on or before December 30. Submission to be done electronically. ORDERED by Judge Stephanos Bibas on December 16, 2020. (amf)
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Filing 54
ORDER: DESIGNATION OF CIRCUIT JUDGE TO HOLD A DISTRICT COURT WITHIN THE CIRCUIT, designating and assigning the Honorable Stephanos Bibas of the United States Court of Appeals for the Third Circuit. Signed by Judge D. Brooks Smith, Chief Judge of the United States Court of Appeals for the Third Circuit on 12/16/20. (rjb)
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| Case Assigned to Judge Stephanos Bibas of the United States Court of Appeals for the Third Circuit (due to related case). Please include the initials of the Judge (SB) after the case number on all documents filed. (rjb) |
| Filing 53 Local Counsel Letter sent. Notice of Compliance deadline set for 1/8/2021. (kmd) |
| Filing 52 Record of case transferred in from District of Florida Southern; Case Number in Other District: 1:19-cv-23119. Copy of Docket Sheet and original file. |
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Filing 51
ORDER Granting: #48 Amended EXPEDITED MOTION Reopen the Case and Transfer Venue filed by Humana, Inc.,Denying as Moot #47 MOTION to Reopen Case and Transfer Venue filed by Humana, Inc.. Signed by Judge Ursula Ungaro on 12/7/2020. See attached document for full details. (cds) [Transferred from Florida Southern on 12/9/2020.]
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| Filing 50 Plaintiff's REPLY to #48 Amended EXPEDITED MOTION Reopen the Case and Transfer Venue by Humana, Inc.. (Rodriguez, Juan) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 49 RESPONSE in Opposition re #48 Amended EXPEDITED MOTION Reopen the Case and Transfer Venue filed by Abbott Laboratories, St. Jude Medical, LLC. Replies due by 12/2/2020. (Shapiro, Jeffrey) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 48 Amended EXPEDITED MOTION Reopen the Case and Transfer Venue by Humana, Inc.. (Rodriguez, Juan) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 47 MOTION to Reopen Case and Transfer Venue by Humana, Inc.. (Rodriguez, Juan) [Transferred from Florida Southern on 12/9/2020.] |
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Filing 46
AMENDED ORDER denying #41 Motion to Amend/Correct. Signed by Judge Ursula Ungaro on 7/13/2020. See attached document for full details. (cqs) [Transferred from Florida Southern on 12/9/2020.]
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| Filing 45 Clerks Notice of Docket Correction re #44 Order on Motion to Amend/Correct. Document Restricted Due to Error; Document restricted per chambers. (mc) [Transferred from Florida Southern on 12/9/2020.] |
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Filing 44
ORDER Denying #41 Motion for Leave to File Amended Complaint. Signed by Judge Ursula Ungaro on 7/13/2020. See attached document for full details. (cds) [Transferred from Florida Southern on 12/9/2020.]
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| Filing 43 REPLY to Response to Motion re #41 MOTION to Amend/Correct Complaint filed by Humana, Inc.. (Rodriguez, Juan) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 42 RESPONSE in Opposition re #41 MOTION to Amend/Correct Complaint filed by Abbott Laboratories, St. Jude Medical, LLC. Replies due by 3/10/2020. (Shapiro, Jeffrey) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 41 MOTION to Amend/Correct Complaint by Humana, Inc.. Responses due by 3/3/2020 (Attachments: #1 Memorandum, #2 Exhibit Proposed Amended Complaint)(Bowers, Amy) [Transferred from Florida Southern on 12/9/2020.] |
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Filing 40
ORDER DISMISSING CASE. Closing Case. Motions terminated: #30 Defendant's MOTION to Dismiss #1 Complaint filed by St. Jude Medical, LLC, Abbott Laboratories. Signed by Judge Ursula Ungaro on 12/30/2019. See attached document for full details. (cds) [Transferred from Florida Southern on 12/9/2020.]
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Filing 39
ORDER RESETTING PLANNING & SCHEDULING CONFERENCE, ( Initial Planning and Scheduling Conference re-set for 1/3/2020 10:30 AM in Miami Division before Judge Ursula Ungaro.) Signed by Judge Ursula Ungaro on 11/25/2019. See attached document for full details. (cds) [Transferred from Florida Southern on 12/9/2020.]
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| Filing 38 REPLY to Response to Motion re #30 Defendant's MOTION to Dismiss #1 Complaint filed by Abbott Laboratories, St. Jude Medical, LLC. (Shapiro, Jeffrey) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 37 RESPONSE in Opposition re #30 Defendant's MOTION to Dismiss #1 Complaint filed by Humana, Inc.. Replies due by 11/8/2019. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bowers, Amy) [Transferred from Florida Southern on 12/9/2020.] |
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Filing 36
ORDER RESETTING PLANNING & SCHEDULING CONFERENCE, ( Scheduling Conference set for 12/6/2019 10:30 AM in Miami Division before Judge Ursula Ungaro.) Signed by Judge Ursula Ungaro on 9/27/2019. See attached document for full details. (cds) [Transferred from Florida Southern on 12/9/2020.]
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Filing 35
ORDER Granting #31 Renewed Motion to Stay Discovery. All discovery in this matter, including the exchange of initial disclosures, is STAYED pending the Courts resolution of Defendants pending motion to dismiss. Signed by Judge Ursula Ungaro on 9/25/2019. See attached document for full details. (cds) [Transferred from Florida Southern on 12/9/2020.]
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Filing 34
ORDER Granting #32 Unopposed Motion for Extension of Time to File Response/Reply to Motion. Re: #30 Defendant's MOTION to Dismiss #1 Complaint filed by St. Jude Medical, LLC, Abbott Laboratories. Responses due by 11/1/2019 Replies due by 11/20/2019. Signed by Judge Ursula Ungaro on 9/25/2019. See attached document for full details. (cds) [Transferred from Florida Southern on 12/9/2020.]
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| Filing 33 Clerks Notice to Filer re #32 Renewed MOTION for Extension of Time to Extend Due Dates for Motion to Dismiss Briefing re #30 Defendant's MOTION to Dismiss #1 Complaint . Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 32 Renewed, Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #30 Defendant's MOTION to Dismiss #1 Complaint by Humana, Inc.. Responses due by 10/9/2019 (Attachments: #1 Text of Proposed Order)(Rodriguez, Juan) Modified Relief on 9/25/2019 (ls). [Transferred from Florida Southern on 12/9/2020.] |
| Filing 31 Renewed MOTION to Stay Discovery Pending Ruling On Their Motion to Dismiss And Memorandum in Support by Abbott Laboratories, St. Jude Medical, LLC. Responses due by 10/8/2019 (Shapiro, Jeffrey) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 30 Defendant's MOTION to Dismiss #1 Complaint by Abbott Laboratories, St. Jude Medical, LLC. Responses due by 10/8/2019 (Shapiro, Jeffrey) [Transferred from Florida Southern on 12/9/2020.] |
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Filing 29
ORDER denying without prejudice #28 Motion for Extension of Time. Signed by Judge Ursula Ungaro on 9/17/2019. See attached document for full details. (cqs) [Transferred from Florida Southern on 12/9/2020.]
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| Filing 28 Unopposed MOTION for Extension of Time to Extend Due Dates for Motion to Dismiss Briefing by Humana, Inc.. Responses due by 10/1/2019 (Attachments: #1 Text of Proposed Order)(Rodriguez, Juan) [Transferred from Florida Southern on 12/9/2020.] |
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Filing 27
ORDER Denying Without Prejudice #25 Motion to Stay Discovery. Signed by Judge Ursula Ungaro on 9/13/2019. See attached document for full details. (cds) [Transferred from Florida Southern on 12/9/2020.]
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Filing 26
ORDER RESETTING PLANNING & SCHEDULING CONFERENCE, ( Initial Planning and Scheduling Conference set for 10/18/2019 10:30 AM in Miami Division before Judge Ursula Ungaro.) Signed by Judge Ursula Ungaro on 9/13/2019. See attached document for full details. (cds) [Transferred from Florida Southern on 12/9/2020.]
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| Filing 25 MOTION to Stay Discovery Pending Ruling On Their Motion to Dismiss And Memorandum in Support by Abbott Laboratories, St. Jude Medical, LLC. Responses due by 9/26/2019 (Shapiro, Jeffrey) [Transferred from Florida Southern on 12/9/2020.] |
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Filing 24
ORDER Granting In Part #23 Motion for Leave to File Excess Pages. Defendants may file an opening memorandum not to exceed 25 pages, and Plaintiffs opposing memorandum of law may not exceed 25 pages. Defendants reply shall not exceed 12 pages. Signed by Judge Ursula Ungaro on 9/9/2019. See attached document for full details. (cds) [Transferred from Florida Southern on 12/9/2020.]
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| Filing 23 Unopposed MOTION for Leave to File Excess Pages by Abbott Laboratories, St. Jude Medical, LLC. (Shapiro, Jeffrey) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 22 Joint SCHEDULING REPORT - Rule 26(f) by Humana, Inc. (Attachments: #1 Text of Proposed Order Proposed Scheduling Order, #2 Service List)(Rodriguez, Juan) [Transferred from Florida Southern on 12/9/2020.] |
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Filing 21
ORDER granting #16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Andrew A Kassof. Signed by Judge Ursula Ungaro on 9/6/2019. See attached document for full details. (cqs) [Transferred from Florida Southern on 12/9/2020.]
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Filing 20
ORDER granting #15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) James R P Hileman. Signed by Judge Ursula Ungaro on 9/6/2019. See attached document for full details. (cqs) [Transferred from Florida Southern on 12/9/2020.]
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Filing 19
ORDER granting #17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Daniel I Siegfried. Signed by Judge Ursula Ungaro on 9/6/2019. See attached document for full details. (cqs) [Transferred from Florida Southern on 12/9/2020.]
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| Filing 18 Initial Disclosure(s) of Defendants' Objections to Initial Disclosures by Abbott Laboratories, St. Jude Medical, LLC (Shapiro, Jeffrey) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel I. Siegfried. Filing Fee $ 75.00 Receipt # 113C-11952116 by Abbott Laboratories, St. Jude Medical, LLC. Responses due by 9/17/2019 (Shapiro, Jeffrey) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew A. Kassof. Filing Fee $ 75.00 Receipt # 113C-11952099 by Abbott Laboratories, St. Jude Medical, LLC. Responses due by 9/17/2019 (Shapiro, Jeffrey) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 15 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James R.P. Hileman. Filing Fee $ 75.00 Receipt # 113C-11952081 by Abbott Laboratories, St. Jude Medical, LLC. Responses due by 9/17/2019 (Shapiro, Jeffrey) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 14 Corporate Disclosure Statement by Abbott Laboratories, St. Jude Medical, LLC (Shapiro, Jeffrey) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 13 WAIVER OF SERVICE Returned Executed by Humana, Inc.. Abbott Laboratories waiver sent on 7/26/2019, answer due 9/24/2019; St. Jude Medical, LLC waiver sent on 7/26/2019, answer due 9/24/2019. (Bowers, Amy) [Transferred from Florida Southern on 12/9/2020.] |
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Filing 12
ORDER SETTING INITIAL PLANNING AND SCHEDULING CONFERENCE, ( Joint Planning and Scheduling Report due by 9/6/2019, Initial Planning and Scheduling Conference set for 9/20/2019 10:00 AM in Miami Division before Judge Ursula Ungaro.) Signed by Judge Ursula Ungaro on 8/5/2019. See attached document for full details. (cds) [Transferred from Florida Southern on 12/9/2020.]
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Filing 11
ORDER Granting #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Scott C. Solberg. Signed by Judge Ursula Ungaro on 8/1/2019. See attached document for full details. (cds) [Transferred from Florida Southern on 12/9/2020.]
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Filing 10
ORDER Granting #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) James W. Joseph. Signed by Judge Ursula Ungaro on 8/1/2019. See attached document for full details. (cds) [Transferred from Florida Southern on 12/9/2020.]
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Filing 9
ORDER Granting #6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Benjamin E. Waldin. Signed by Judge Ursula Ungaro on 8/1/2019. See attached document for full details. (cds) [Transferred from Florida Southern on 12/9/2020.]
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| Filing 8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Scott C. Solberg. Filing Fee $ 75.00 Receipt # 113C-11863733 by Humana, Inc.. Responses due by 8/15/2019 (Attachments: #1 Text of Proposed Order)(Rodriguez, Juan) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James W. Joseph. Filing Fee $ 75.00 Receipt # 113C-11863691 by Humana, Inc.. Responses due by 8/15/2019 (Attachments: #1 Text of Proposed Order)(Rodriguez, Juan) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Benjamin E. Waldin. Filing Fee $ 75.00 Receipt # 113C-11863629 by Humana, Inc.. Responses due by 8/15/2019 (Attachments: #1 Text of Proposed Order)(Rodriguez, Juan) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 5 Corporate Disclosure Statement by Humana, Inc. (Rodriguez, Juan) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 4 Summons Issued as to Abbott Laboratories, St. Jude Medical, LLC. (lbc) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 3 NOTICE of Filing Proposed Summons(es) by Humana, Inc. (Attachments: #1 Summon(s), #2 Summon(s)) (Rodriguez, Juan) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (cds) [Transferred from Florida Southern on 12/9/2020.] |
| Filing 1 COMPLAINT and Jury Trial Demand against All Defendants. Filing fees $ 400.00 receipt number 113C-11850093, filed by Humana, Inc.. (Attachments: #1 Civil Cover Sheet)(Rodriguez, Juan) [Transferred from Florida Southern on 12/9/2020.] |
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