WELLNESS PHARMACY, INC. et al v. AZAR et al
| MEDQUEST PHARMACY, INC., WELLNESS PHARMACY, INC., MADAME RX, LLC, KEBD ENTERPRISES, LLC, HARTLEY MEDICAL CENTER PHARMACY, INC., WOMENS INTERNATIONAL PHARMACY, INC., VLS PHARMACY, iNC., MADAME RX, LLC doing business as CHEMISTRY RX PHARMACY and KEBD ENTERPRISES, LLC doing business as BELMAR PHARMACY |
| ALEX M. AZAR, II, STEPHEN M. HAHN and FOOD AND DRUG ADMINISTRATION |
| 1:2020cv03082 |
| October 27, 2020 |
| US District Court for the District of Columbia |
| Christopher R Cooper |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on September 21, 2021. A more recent docket listing may be available from PACER.
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Set/Reset Deadlines: Administrative Record due by 1/13/2021. Appendix due by 4/7/2021. Replies due by 3/31/2021. Summary Judgment motions due by 2/10/2021. Response to Motion for Summary Judgment due by 3/3/2021. Reply to Motion for Summary Judgment due by 3/17/2021. (zlsj)
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MINUTE ORDER: In light of the #23 Joint Status Report and Scheduling Proposal, the schedule shall proceed as follows:Defendants' certified list of the contents of the administrative record (with simultaneous production of the administrative record to Plaintiffs) is due by January 13, 2021; Plaintiffs' renewed motion for summary judgment on all three counts is due by February 10, 2021;Motions, if any, for leave to file briefs amicus curiae in support of Plaintiffs' renewed motion for summary judgment are due by February 17, 2021;Defendants' combined (1) opposition to Plaintiffs' renewed motion for summary judgment and (2) cross-motion to dismiss and/or for summary judgment is due by March 3, 2021; Plaintiffs' combined (1) reply in support of their renewed motion for summary judgment and (2) opposition to Defendants' cross-motion to dismiss and/or for summary judgment is due by March 17, 2021; Defendants' reply in support of their cross-motion to dismiss and/or for summary judgment is due by March 31, 2021; Joint appendix under Local Civil Rule 7(n) is due by April 7, 2021. It is further ORDERED that Defendants' deadline to respond to Plaintiffs' complaint be stayed pending the Court's ruling on the Parties' cross-motions for summary judgment. Signed by Judge Christopher R. Cooper on 12/8/2020. (lccrc1)
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Filing 23
Joint STATUS REPORT (Joint Scheduling Proposal) by HARTLEY MEDICAL CENTER PHARMACY, INC., KEBD ENTERPRISES, LLC, MADAME RX, LLC, MEDQUEST PHARMACY, INC., VLS PHARMACY, iNC., WELLNESS PHARMACY, INC., WOMENS INTERNATIONAL PHARMACY, INC.. (Segroves, James)
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Set/Reset Deadlines: Proposed Briefing Schedule due by 12/9/2020 (lsj)
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Minute Entry for video Motion Hearing held before Judge Christopher R. Cooper on 12/2/2020. Oral arguments submitted on Defendant's Motion #16 to Stay MOTION for Scheduling Order. Order forthcoming. (Court Reporter: Lisa Moreira) (lsj)
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MINUTE ORDER: The parties are hereby ORDERED to meet and confer and, by December 9, 2020, propose a schedule (or competing schedules) for simultaneous briefing of both defendants' anticipated motion to dismiss for lack of jurisdiction and a renewed summary judgment motion on all three claims in plaintiffs' complaint, as well as production of the administrative record. The Court finds that consideration of all extant legal issues through two parallel rounds of briefing best balances the interest of judicial efficiency and the need to expeditiously resolve this matter in light of the one-year period that states have to adopt the subject MOU. It is further ORDERED that #17 plaintiffs' Motion for Reconsideration is denied as moot. Signed by Judge Christopher R. Cooper on 12/2/2020. (lccrc1)
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Set/Reset Hearings: Motion Hearing set for 12/2/2020 at 10:00 AM by VTC before Judge Christopher R. Cooper. (lsj)
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MINUTE ORDER: The parties are directed to appear before Judge Christopher R. Cooper on December 2, 2020 at 10:00 AM by VTC to discuss Defendants' #16 Motion to Stay Briefing on Plaintiffs' Motion for Partial Summary Judgment and for Entry of a Scheduling Order. Signed by Judge Christopher R. Cooper on 12/1/2020. (lccrc1)
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Filing 22
REPLY to opposition to motion re #17 MOTION for Reconsideration re Order on Motion for Miscellaneous Relief,,, filed by ALEX M. AZAR, II, FOOD AND DRUG ADMINISTRATION, STEPHEN M. HAHN. (Toledo, Raquel)
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Filing 21
NOTICE of Appearance by Raquel Toledo on behalf of All Defendants (Toledo, Raquel)
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Filing 20
NOTICE of Appearance by Emily L Hussey on behalf of All Plaintiffs (Hussey, Emily)
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Filing 19
NOTICE of Appearance by Kelly J. Kearney on behalf of All Plaintiffs (Kearney, Kelly)
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Filing 18
NOTICE of Appearance by Rachael G Pontikes on behalf of All Plaintiffs (Pontikes, Rachael)
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MINUTE ORDER: The Court's November 11, 2020 Minute Order granting Defendants' proposed scheduling order and striking Plaintiffs' Motion for Partial Summary Judgment is hereby VACATED. It is further ORDERED that Defendants shall reply to Plaintiffs' #17 Motion for Reconsideration, which the Court construes as an opposition to Defendants' #16 Motion, by November 16, 2020. Signed by Judge Christopher R. Cooper on 11/12/2020. (lccrc1)
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Set/Reset Deadlines: Replies due by 11/16/2020. (lsj)
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Set/Reset Deadlines: Dispositive Motions due by 1/6/2021. Response to Dispositive Motions due by 1/27/2021. Reply to Dispositive Motions due by 2/10/2021. (lsj)
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Filing 17
MOTION for Reconsideration re Order on Motion for Miscellaneous Relief,,, by HARTLEY MEDICAL CENTER PHARMACY, INC., KEBD ENTERPRISES, LLC, MADAME RX, LLC, MEDQUEST PHARMACY, INC., VLS PHARMACY, iNC., WELLNESS PHARMACY, INC., WOMENS INTERNATIONAL PHARMACY, INC. (Attachments: #1 Text of Proposed Order)(Segroves, James)
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MINUTE ORDER granting Defendants' #16 Motion for Entry of a Scheduling Order and striking Plaintiffs' #12 Motion for Partial Summary Judgment. It is hereby ORDERED that the briefing on Defendants' motion to dismiss shall proceed as follows: Defendants' motion to dismiss is due on January 6, 2021. Plaintiffs' opposition to Defendants' motion to dismiss is due on January 27, 2021. Defendants' reply in support of the motion to dismiss is due on February 10, 2021. It is further ORDERED that Plaintiffs' #12 Motion for Partial Summary Judgment is STRICKEN as premature. Plaintiffs may renew their motion for Partial Summary Judgment, if necessary, following resolution of Defendants' Motion to Dismiss. Signed by Judge Christopher R. Cooper on 11/11/2020. (lccrc1)
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Filing 16
MOTION to Stay Briefing on Plaintiffs' Motion for Partial Summary Judgment and for Entry of Scheduling Order by ALEX M. AZAR, II, FOOD AND DRUG ADMINISTRATION, STEPHEN M. HAHN (Attachments: #1 Text of Proposed Order)(Perkins, Hilary) Modified event on 11/12/2020 (ztd). Added MOTION for Scheduling Order on 11/12/2020 (znmw).
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Filing 15
NOTICE of Appearance by Hilary Keith Perkins on behalf of ALEX M. AZAR, II, FOOD AND DRUG ADMINISTRATION, STEPHEN M. HAHN (Perkins, Hilary)
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NOTICE OF ERROR re #14 Notice of Appearance; emailed to raquel.toledo@usdoj.gov, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. Please contact Attorney Admissions, 202-354-3110, to update your certification. (ztd, )
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MINUTE ORDER granting #9 , #10 , and #11 Motions for Leave to Appear Pro Hac Vice of Rachael G. Pontikes, Emily L. Hussey, and Kelly J. Kearney. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Christopher R. Cooper on 11/6/2020. (lccrc1)
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Filing 14
NOTICE of Appearance by Raquel Toledo on behalf of All Defendants (Toledo, Raquel)
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Filing 13
SUMMONS (5) Issued Electronically as to ALEX M. AZAR, II, FOOD AND DRUG ADMINISTRATION, STEPHEN M. HAHN, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(adh, )
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Filing 12
STRICKEN PURSUANT TO MINUTE ORDER ENTERED ON 11/11/2020.....MOTION for Partial Summary Judgment (Partial as to Counts I and II) by HARTLEY MEDICAL CENTER PHARMACY, INC., KEBD ENTERPRISES, LLC, MADAME RX, LLC, MEDQUEST PHARMACY, INC., VLS PHARMACY, iNC., WELLNESS PHARMACY, INC., WOMENS INTERNATIONAL PHARMACY, INC. (Attachments: #1 Text of Proposed Order)(Segroves, James) Modified event title on 11/2/2020 (znmw). Modified on 11/12/2020 (zlsj).
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Filing 11
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kelly J. Kearney, Filing fee $ 100, receipt number ADCDC-7760967. Fee Status: Fee Paid. by HARTLEY MEDICAL CENTER PHARMACY, INC., KEBD ENTERPRISES, LLC, MADAME RX, LLC, MEDQUEST PHARMACY, INC., VLS PHARMACY, iNC., WELLNESS PHARMACY, INC., WOMENS INTERNATIONAL PHARMACY, INC. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Segroves, James)
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Filing 10
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Emily L. Hussey, Filing fee $ 100, receipt number ADCDC-7760966. Fee Status: Fee Paid. by HARTLEY MEDICAL CENTER PHARMACY, INC., KEBD ENTERPRISES, LLC, MADAME RX, LLC, MEDQUEST PHARMACY, INC., VLS PHARMACY, iNC., WELLNESS PHARMACY, INC., WOMENS INTERNATIONAL PHARMACY, INC. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Segroves, James)
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Filing 9
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rachael G. Pontikes, Filing fee $ 100, receipt number ADCDC-7760965. Fee Status: Fee Paid. by HARTLEY MEDICAL CENTER PHARMACY, INC., KEBD ENTERPRISES, LLC, MADAME RX, LLC, MEDQUEST PHARMACY, INC., VLS PHARMACY, iNC., WELLNESS PHARMACY, INC., WOMENS INTERNATIONAL PHARMACY, INC. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Segroves, James)
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Filing 8
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by VLS PHARMACY, iNC. (Segroves, James)
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Filing 7
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MEDQUEST PHARMACY, INC. (Segroves, James)
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Filing 6
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by HARTLEY MEDICAL CENTER PHARMACY, INC. (Segroves, James)
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Filing 5
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MADAME RX, LLC (Segroves, James)
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Filing 4
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by KEBD ENTERPRISES, LLC (Segroves, James)
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Filing 3
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WOMENS INTERNATIONAL PHARMACY, INC. (Segroves, James)
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Filing 2
LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by WELLNESS PHARMACY, INC. (Segroves, James)
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Filing 1
COMPLAINT FOR DECLARATORY RELIEF against All Defendants ( Filing fee $ 400 receipt number ADCDC-7760931) filed by MEDQUEST PHARMACY, INC., KEBD ENTERPRISES, LLC, VLS PHARMACY, iNC., WOMENS INTERNATIONAL PHARMACY, INC., MADAME RX, LLC, WELLNESS PHARMACY, INC., HARTLEY MEDICAL CENTER PHARMACY, INC.. (Attachments: #1 Exhibit Fed. Reg. Notice (Oct. 27, 2020), #2 Exhibit Final Standard MOU, #3 Civil Cover Sheet, #4 Summons Azar, #5 Summons Hahn, #6 Summons FDA, #7 Summons Barr, #8 Summons Sherwin)(Segroves, James)
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Case Assigned to Judge Christopher R. Cooper. (adh, )
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