McKesson Corporation v. Benzer Pharmacy Holding LLC et al
| McKesson Corporation |
| Benzer Pharmacy Holding LLC, Alpesh Patel, Rx Care of MI LLC and Manish Patel |
| 8:2020cv02202 |
| September 17, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Defendant |
Docket Report
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| Filing 20 MOTION to Dismiss Counts II, III, V, VI and Partial Count VII of Defendants' Counterclaim (Doc. 17) by McKesson Corporation. (McLeroy, Kathleen) |
Filing 19
ENDORSED ORDER: On October 2, 2020, Defendants filed a Motion to Transfer (Doc. #13), requesting that the instant case be transferred to the first of seven related cases filed by Plaintiff McKesson Corp., McKesson Corp. v. Benzer Pharmacy Holding LLC, 20-cv-1720. However, upon consideration of Local Rule 1.04(b), M.D. Fla., concerning the "transfer of related cases before two or more judges" and Local Rule 1.03(d), M.D. Fla., which states that "[t]he judge to whom any case is assigned may, at any time, reassign the case to any other consenting judge for any limited purpose or for all further purposes," the Motion is denied. The case will remain as assigned. Signed by Judge Virginia M. Hernandez Covington on 10/17/2020. (AR)
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| Filing 18 RESPONSE in Opposition re #13 MOTION to Change Venue / Transfer Case and Memo of Law filed by McKesson Corporation. (McLeroy, Kathleen) |
| Filing 17 ANSWER and affirmative defenses to #1 Complaint with Jury Demand , COUNTERCLAIM against All Plaintiffs by Alpesh Patel, Rx Care of MI LLC, Benzer Pharmacy Holding LLC, Manish Patel. (Attachments: #1 Exhibit A)(Gibson, Jeffrey) |
| Filing 16 CORPORATE Disclosure Statement by McKesson Corporation. (McLeroy, Kathleen) |
| Filing 15 NOTICE of pendency of related cases re #8 Related case order and track 2 notice per Local Rule 1.04(d) by McKesson Corporation. Related case(s): yes (McLeroy, Kathleen) |
| Filing 14 NOTICE of Filing re #13 by Benzer Pharmacy Holding LLC, Alpesh Patel, Manish Patel, Rx Care of MI LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Gibson, Jeffrey) |
| Filing 13 MOTION to Change Venue / Transfer Case and Memo of Law by Benzer Pharmacy Holding LLC, Alpesh Patel, Manish Patel, Rx Care of MI LLC. (Gibson, Jeffrey) |
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Filing 12
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by November 30, 2020, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 10/1/2020. (LEA)
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| Filing 11 NOTICE of Appearance by Caycee Hampton on behalf of McKesson Corporation. (Hampton, Caycee) |
| Filing 10 CERTIFICATE of interested persons and corporate disclosure statement re #8 Related case order and track 2 notice by Benzer Pharmacy Holding LLC, Alpesh Patel, Manish Patel, Rx Care of MI LLC. (Gibson, Jeffrey) |
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Filing 9
ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 9/28/2020. (TWL)
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Filing 8
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 9/28/2020. (TWL)
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| Filing 7 NOTICE of Appearance by Thomas Richard Farrior on behalf of Benzer Pharmacy Holding LLC, Alpesh Patel, Manish Patel, Rx Care of MI LLC. (Farrior, Thomas) |
| Filing 6 NOTICE of Appearance by Jeffrey W. Gibson on behalf of Benzer Pharmacy Holding LLC, Alpesh Patel, Manish Patel, Rx Care of MI LLC. (Gibson, Jeffrey) |
| Filing 5 NOTICE of pendency of related cases per Local Rule 1.04(d) by Benzer Pharmacy Holding LLC, Alpesh Patel, Manish Patel, Rx Care of MI LLC. Related case(s): yes (Gibson, Jeffrey) |
| Filing 4 WAIVER of service returned executed on 9.23.2020 by Alpesh Patel, Rx Care of MI LLC, Benzer Pharmacy Holding LLC, Manish Patel as to All Defendants. (Gibson, Jeffrey) |
| Filing 3 SUMMONS issued as to Benzer Pharmacy Holding LLC, Alpesh Patel, Manish Patel, Rx Care of MI LLC. (CRH) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:20-cv-2202-T-33JSS. (SJB) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 400 receipt number 113A-17322511) filed by McKesson Corporation. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Civil Cover Sheet, #6 Proposed Summons)(McLeroy, Kathleen) |
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