City of Miami, Florida v. Eli Lilly And Company et al
| City of Miami, Florida |
| Eli Lilly And Company, Novo Nordisk Inc., Express Scripts Holding Company, Express Scripts, Inc., ESI MAIL PHARMACY SERVICES, INC., Express Scripts Pharmacy, Inc., CVS Health Corporation, CAREMARK RX, L.L.C., CAREMARK PCS HEALTH, L.L.C.;, CAREMARK, L.L.C.;, Caremark Florida Mail Pharmacy, LLC, Optum, Inc., OPTUMRX INC, AETNA RX HOME DELIVERY, LLC, AETNA PHARMACY MANAGEMENT SERVICES, LLC, Caremark PCS Health, L.L.C., Caremark, L.L.C., OptumRx, Inc., Sanofi US Services Inc. and Sanofi-Aventis U.S. LLC |
| 1:2021cv22636 |
| July 22, 2021 |
| US District Court for the Southern District of Florida |
| Jonathan Goodman |
| Robert N Scola |
| Other Fraud |
| 28 U.S.C. § 1441 |
| Defendant |
Docket Report
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This docket was last retrieved on January 21, 2022. A more recent docket listing may be available from PACER.
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Filing 44
AMENDED COMPLAINT against All Defendants, filed by City of Miami, Florida.(Mansfield, Gary)
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Filing 43
NOTICE of Voluntary Dismissal of Defendant Sanofi US Services Inc. Only by City of Miami, Florida (Mansfield, Gary)
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Filing 42
PAPERLESS ORDER: granting the moving Defendants' motions to appear pro hac vice. #38 , #39 , #40 . Attorneys D. Andrew Hatchett, Liz Broadway Brown, and Brian D. Boone are given permission to appear and participate in this matter on behalf of the moving Defendants. The Clerk is directed to provide these attorneys with notification of all electronic filings via the e-mail addresses set forth in the respective motions. Signed by Judge Robert N. Scola, Jr. (ntd)
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Filing 41
CLERK'S NOTICE - Local counsel Frances Guasch De La Guardia must sign/file documents under the name listed on the SDFL Roll of Attorneys, Frances Fernandez Guasch. See #www.flsd.uscourts.gov/name-changes. It is not necessary to refile these motions. re #39 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Liz Broadway Brown. , #38 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for D. Andrew Hatchett. , #40 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brian D. Boone. . (pt)
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Filing 40
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brian D. Boone. Filing Fee $ 200.00 Receipt # AFLSDC-14965223 by Optum, Inc., OptumRx, Inc.. Responses due by 9/10/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Guasch, Frances)
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Filing 39
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Liz Broadway Brown. Filing Fee $ 200.00 Receipt # AFLSDC-14965178 by Optum, Inc., OptumRx, Inc.. Responses due by 9/10/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Guasch, Frances)
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Filing 38
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for D. Andrew Hatchett. Filing Fee $ 200.00 Receipt # AFLSDC-14965107 by Optum, Inc., OptumRx, Inc.. Responses due by 9/10/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Guasch, Frances)
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Filing 37
PAPERLESS ORDER: granting the moving Defendants' motions to appear pro hac vice. #33 , #34 , #35 . Attorneys Daniel M. Dockery, Craig D. Singer, and Enu A. Mainigi are given permission to appear and participate in this matter on behalf of the moving Defendants. The Clerk is directed to provide these attorneys with notification of all electronic filings via the e-mail addresses set forth in the respective motions. Signed by Judge Robert N. Scola, Jr. (sda)
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Filing 36
PAPERLESS ORDER: granting in part the parties' joint motion for extension of time for the parties to conduct their discovery and scheduling conference and file their required report. #32 . In their motion, the parties request an additional 120 days to conduct their conference and file the required report, however, the Court finds the requested extension to be too lengthy. Accordingly, the Court will grant the parties an additional 75 days to file their required report, which will now be due by November 15, 2021. Signed by Judge Robert N. Scola, Jr. (sda)
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Attorney Daniel M. Dockery representing CVS Health Corporation (Defendant) and Caremark Rx, L.L.C. (Defendant) and Caremark PCS Health, L.L.C. (Defendant); and Caremark, L.L.C. (Defendant); and Caremark Florida Mail Pharmacy, LLC (Defendant); and Aetna Rx Home Delivery, LLC (Defendant); ; Attorney Enu A. Mainigi representing CVS Health Corporation (Defendant) and Caremark Rx, L.L.C. (Defendant); and Caremark PCS Health, L.L.C. (Defendant); and Caremark, L.L.C. (Defendant); and Caremark Florida Mail Pharmacy, LLC (Defendant); and Aetna Rx Home Delivery, LLC (Defendant); and Aetna Pharmacy Management Services, LLC (Defendant); ; Attorney Craig D. Singer representing CVS Health Corporation (Defendant) and Caremark Rx, L.L.C. (Defendant); and Caremark PCS Health, L.L.C. (Defendant); and Caremark, L.L.C. (Defendant); and Caremark Florida Mail Pharmacy, LLC (Defendant); and Aetna Rx Home Delivery, LLC (Defendant); and Aetna Pharmacy Management Services, LLC (Defendant); Activated. (pt)
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Filing 35
Renewed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Enu A. Mainigi. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #30 Motion to Appear Pro Hac Vice,, by Aetna Pharmacy Management Services, LLC, Aetna Rx Home Delivery, LLC, CVS Health Corporation, Caremark Florida Mail Pharmacy, LLC, Caremark PCS Health, L.L.C., Caremark Rx, L.L.C., Caremark, L.L.C.. Responses due by 8/30/2021 (Attachments: #1 Certification Enu A. Mainigi, #2 Text of Proposed Order)(Shapiro, Jay)
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Filing 34
Renewed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Craig D. Singer. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #29 Motion to Appear Pro Hac Vice, by Aetna Pharmacy Management Services, LLC, Aetna Rx Home Delivery, LLC, CVS Health Corporation, Caremark Florida Mail Pharmacy, LLC, Caremark PCS Health, L.L.C., Caremark Rx, L.L.C., Caremark, L.L.C.. Responses due by 8/30/2021 (Attachments: #1 Certification Craig D. Singer, #2 Text of Proposed Order)(Shapiro, Jay)
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Filing 33
Renewed MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel M. Dockery. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #28 Motion to Appear Pro Hac Vice,, by Aetna Pharmacy Management Services, LLC, Aetna Rx Home Delivery, LLC, CVS Health Corporation, Caremark Florida Mail Pharmacy, LLC, Caremark PCS Health, L.L.C., Caremark Rx, L.L.C., Caremark, L.L.C.. Responses due by 8/30/2021 (Attachments: #1 Certification Daniel M. Dockery, #2 Text of Proposed Order)(Shapiro, Jay)
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Filing 32
Joint MOTION for Extension of Time for Parties' Discovery and Scheduling Conference and Report by Aetna Pharmacy Management Services, LLC, Aetna Rx Home Delivery, LLC, CVS Health Corporation, Caremark Florida Mail Pharmacy, LLC, Caremark PCS Health, L.L.C., Caremark Rx, L.L.C., Caremark, L.L.C.. Responses due by 8/30/2021 (Attachments: #1 Text of Proposed Order)(Shapiro, Jay)
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Filing 31
PAPERLESS ORDER: denying the moving Defendants' motions to appear pro hac vice. #28 , #29 , #30 . The motions are not in compliance with Local Rule 4(b) of the Rules Governing the Admission, Practice, Peer Review, and Discipline of Attorneys. Although Local Counsel consented to file and serve all documents and to be responsible for filing and serving documents in compliance with the CM/ECF Administrative Procedures, Local Counsel did not consent to file and serve things that may be filed and served electronically. Signed by Judge Robert N. Scola, Jr. (sda)
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Filing 30
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Enu A. Mainigi. Pay.gov Agency Tracking ID FLSDC-AFLSDC-14925827. Filing Fee $ 200.00 by Aetna Pharmacy Management Services, LLC, Aetna Rx Home Delivery, LLC, CVS Health Corporation, Caremark Florida Mail Pharmacy, LLC, Caremark PCS Health, L.L.C., Caremark Rx, L.L.C., Caremark, L.L.C.. Responses due by 8/27/2021 (Attachments: #1 Text of Proposed Order)(Shapiro, Jay)
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Filing 29
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Craig D. Singer. Filing Fee $ 200.00 Receipt # AFLSDC-14925809 by Aetna Pharmacy Management Services, LLC, Aetna Rx Home Delivery, LLC, CVS Health Corporation, Caremark Florida Mail Pharmacy, LLC, Caremark PCS Health, L.L.C., Caremark Rx, L.L.C., Caremark, L.L.C.. Responses due by 8/27/2021 (Attachments: #1 Text of Proposed Order)(Shapiro, Jay)
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Filing 28
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Daniel M. Dockery. Filing Fee $ 200.00 Receipt # AFLSDC-14925779 by Aetna Pharmacy Management Services, LLC, Aetna Rx Home Delivery, LLC, CVS Health Corporation, Caremark Florida Mail Pharmacy, LLC, Caremark PCS Health, L.L.C., Caremark Rx, L.L.C., Caremark, L.L.C.. Responses due by 8/27/2021 (Attachments: #1 Text of Proposed Order)(Shapiro, Jay)
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Filing 27
NOTICE of Attorney Appearance by Coral Del Mar Lopez on behalf of Aetna Pharmacy Management Services, LLC, Aetna Rx Home Delivery, LLC, CVS Health Corporation, Caremark Florida Mail Pharmacy, LLC, Caremark PCS Health, L.L.C., Caremark Rx, L.L.C., Caremark, L.L.C.. Attorney Coral Del Mar Lopez added to party Aetna Pharmacy Management Services, LLC(pty:dft), Attorney Coral Del Mar Lopez added to party Aetna Rx Home Delivery, LLC(pty:dft), Attorney Coral Del Mar Lopez added to party CVS Health Corporation(pty:dft), Attorney Coral Del Mar Lopez added to party Caremark Florida Mail Pharmacy, LLC(pty:dft), Attorney Coral Del Mar Lopez added to party Caremark PCS Health, L.L.C.(pty:dft), Attorney Coral Del Mar Lopez added to party Caremark Rx, L.L.C.(pty:dft), Attorney Coral Del Mar Lopez added to party Caremark, L.L.C.(pty:dft). (Lopez, Coral)
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Filing 26
NOTICE of Attorney Appearance by Jay Brian Shapiro on behalf of Aetna Pharmacy Management Services, LLC, Aetna Rx Home Delivery, LLC, CVS Health Corporation, Caremark Florida Mail Pharmacy, LLC, Caremark PCS Health, L.L.C., Caremark Rx, L.L.C., Caremark, L.L.C.. Attorney Jay Brian Shapiro added to party Aetna Pharmacy Management Services, LLC(pty:dft), Attorney Jay Brian Shapiro added to party Aetna Rx Home Delivery, LLC(pty:dft), Attorney Jay Brian Shapiro added to party CVS Health Corporation(pty:dft), Attorney Jay Brian Shapiro added to party Caremark Florida Mail Pharmacy, LLC(pty:dft), Attorney Jay Brian Shapiro added to party Caremark PCS Health, L.L.C.(pty:dft), Attorney Jay Brian Shapiro added to party Caremark Rx, L.L.C.(pty:dft), Attorney Jay Brian Shapiro added to party Caremark, L.L.C.(pty:dft). (Shapiro, Jay)
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Filing 25
PAPERLESS ORDER: granting Eli Lilly's motions to appear pro hac vice. #21 , #22 , #23 . Attorneys Shankar Duraiswamy, Henry Liu, and Ziwei Song are given permission to appear and participate in this matter on behalf of Eli Lilly. The Clerk is directed to provide these attorneys with notification of all electronic filings via the e-mail addresses set forth in the respective motions. Signed by Judge Robert N. Scola, Jr. (sda)
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Filing 24
Corporate Disclosure Statement by Eli Lilly And Company identifying Corporate Parent Eli Lilly And Company for Eli Lilly And Company (Lash, Alan)
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Filing 23
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ziwei Song. Filing Fee $ 200.00 Receipt # AFLSDC-14908428 by Eli Lilly And Company. Responses due by 8/20/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Lash, Alan)
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Filing 22
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Henry Liu. Filing Fee $ 200.00 Receipt # AFLSDC-14908379 by Eli Lilly And Company. Responses due by 8/20/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Lash, Alan)
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Filing 21
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Shankar Duraiswamy. Filing Fee $ 200.00 Receipt # AFLSDC-14908335 by Eli Lilly And Company. Responses due by 8/20/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Lash, Alan)
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Reset Answer Due Deadline: Aetna Pharmacy Management Services, LLC response due 9/27/2021; Aetna Rx Home Delivery, LLC response due 9/27/2021; CVS Health Corporation response due 9/27/2021; Caremark Florida Mail Pharmacy, LLC response due 9/27/2021; Caremark PCS Health, L.L.C. response due 9/27/2021; Caremark Rx, L.L.C. response due 9/27/2021; Caremark, L.L.C. response due 9/27/2021; ESI Mail Pharmacy Services, Inc. response due 9/27/2021; Eli Lilly And Company response due 9/27/2021; Express Scripts Holding Company response due 9/27/2021; Express Scripts Pharmacy, Inc. response due 9/27/2021; Express Scripts, Inc. response due 9/27/2021; Optum, Inc. response due 9/27/2021; OptumRx, Inc. response due 9/27/2021; Sanofi US Services Inc. response due 9/27/2021. (ls)(per DE #20)
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Filing 20
PAPERLESS ORDER: granting the Defendants' unopposed motion for extension of time to respond to the Plaintiff's complaint. #16 . The Defendants' response is now due September 27, 2021. The Court notes, however, that in its motion the Defendants state that they "intend to file motions to dismiss" and "will seek to coordinate their motions to dismiss and file only two motions... instead of each defendant (or defendant family) filing its own motion." (ECF No. 14, at 2.) This statement appears to evidence that the Defendants have not reviewed the Court's order requiring discovery and scheduling conference #11 . This order states that in a case with multiple plaintiffs or defendants, "the parties must file joint motions and consolidated responses and replies unless there are clear conflicts of position. If conflicts of position exist, the parties must explain the conflicts in their separate filings." If conflicts of position exist, the parties are free to file separate motions as needed, provided such conflicts of position are explained in the filings. Alternatively, the Defendants may move for additional pages if needed to file a consolidated brief, provided such motion complies with Southern District of Florida's CM/ECF Administrative Procedures Rule 3I(1) which states, in part: "If a document to be filed requires a motion requesting leave of Court (e.g.,... a document exceeding the page limitation), the proposed document shall be submitted as a PDF attachment to the motion." This allows the Court to review the proposed filing to evaluate whether excess pages are in fact necessary. Signed by Judge Robert N. Scola, Jr. (sda)
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Filing 19
NOTICE by Optum, Inc., OptumRx, Inc. of Withdrawal of DE 15 (Guasch, Frances)
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Filing 18
NOTICE by Optum, Inc., OptumRx, Inc. of Withdrawal of DE 14 (Guasch, Frances)
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Filing 17
Corporate Disclosure Statement by Optum, Inc., OptumRx, Inc. identifying Corporate Parent OptimumRx Holdings, LLC for OptumRx, Inc.; Corporate Parent UnitedHealth Group, Incorporated, Corporate Parent Optum Holdings, LLC, Corporate Parent United Healthcare Services, Inc. for Optum, Inc. (Guasch, Frances)
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Filing 16
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Aetna Pharmacy Management Services, LLC, Aetna Rx Home Delivery, LLC, CVS Health Corporation, Caremark Florida Mail Pharmacy, LLC, Caremark PCS Health, L.L.C., Caremark Rx, L.L.C., Caremark, L.L.C., ESI Mail Pharmacy Services, Inc., Eli Lilly And Company, Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc., Optum, Inc., OptumRx, Inc., Sanofi US Services Inc.. (Attachments: #1 Exhibit Order Granting Defendants' Unopposed Motion for Extension of Time to Respond to the Complaint)(Guasch, Frances)
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Filing 15
Corporate Disclosure Statement by Optum, Inc., OptumRx, Inc. identifying Corporate Parent Unitedhealth Group Incorporated for Optum, Inc., OptumRx, Inc. (Guasch, Frances)
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Filing 14
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Aetna Pharmacy Management Services, LLC, Aetna Rx Home Delivery, LLC, CVS Health Corporation, Caremark Florida Mail Pharmacy, LLC, Caremark PCS Health, L.L.C., Caremark Rx, L.L.C., Caremark, L.L.C., ESI Mail Pharmacy Services, Inc., Eli Lilly And Company, Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc., Optum, Inc., OptumRx, Inc., Sanofi US Services Inc.. (Attachments: #1 Exhibit Order Granting Defendants' Unopposed Motion for Extension of Time to Respond to the Complaint)(Guasch, Frances)
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Filing 13
MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 7/28/2021. See attached document for full details. (fbn)
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Filing 12
PAPERLESS ORDER: granting the moving Defendants' motions to appear pro hac vice. #5 , #6 . Attorneys Jason R. Scherr and Patrick A. Harvey are given permission to appear and participate in this matter on behalf of the moving Defendants. The Clerk is directed to provide these attorneys with notification of all electronic filings via the e-mail addresses set forth in the respective motions. Signed by Judge Robert N. Scola, Jr. (sda)
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Filing 11
Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to Magistrate Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 7/27/2021. See attached document for full details. (scn)
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Filing 10
NOTICE of Attorney Appearance by Darcie Ahern-Sweet Thompson on behalf of OPTUMRX INC, Optum, Inc.. Attorney Darcie Ahern-Sweet Thompson added to party OPTUMRX INC(pty:dft), Attorney Darcie Ahern-Sweet Thompson added to party Optum, Inc.(pty:dft). (Thompson, Darcie)
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Filing 9
NOTICE of Attorney Appearance by Sandra Lynn Heller on behalf of OPTUMRX INC, Optum, Inc.. Attorney Sandra Lynn Heller added to party OPTUMRX INC(pty:dft), Attorney Sandra Lynn Heller added to party Optum, Inc.(pty:dft). (Heller, Sandra)
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Filing 8
ORDER OF RECUSAL. Senior Judge Donald L. Graham recused. Case reassigned to Judge Robert N. Scola, Jr for all further proceedings. Signed by Senior Judge Donald L. Graham on 7/26/2021. See attached document for full details. (vjk)
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Filing 7
NOTICE of Attorney Appearance by Frances Fernandez Guasch on behalf of OPTUMRX INC, Optum, Inc.. Attorney Frances Fernandez Guasch added to party OPTUMRX INC(pty:dft), Attorney Frances Fernandez Guasch added to party Optum, Inc.(pty:dft). (Guasch, Frances)
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Filing 6
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Patrick A. Harvey. Filing Fee $ 200.00 Receipt # AFLSDC-14874960 by ESI MAIL PHARMACY SERVICES, INC., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. Responses due by 8/9/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Carlton, Clay)
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Filing 5
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jason R. Scherr. Filing Fee $ 200.00 Receipt # AFLSDC-14874930 by ESI MAIL PHARMACY SERVICES, INC., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc.. Responses due by 8/9/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Carlton, Clay)
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Filing 4
Corporate Disclosure Statement by ESI MAIL PHARMACY SERVICES, INC., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc. identifying Corporate Parent Cigna Corporation for ESI MAIL PHARMACY SERVICES, INC., Express Scripts Holding Company, Express Scripts Pharmacy, Inc., Express Scripts, Inc. (Carlton, Clay)
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Filing 3
Bar Letter re: Admissions sent to attorney Marc J. Bern, Jason R. Scherr and Patrick A. Harvey, mailing date July 23, 2021, (pt)
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Filing 2
Clerks Notice of Judge Assignment to Senior Judge Donald L. Graham. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley 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. (scn)
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Filing 1
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-14868238, filed by Express Scripts Pharmacy, Inc., ESI MAIL PHARMACY SERVICES, INC., Express Scripts Holding Company, Express Scripts, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Docket Sheet State Court Docket and Filings, #3 Supplement State Court Notice of Filing Notice of Removal)(Carlton, Clay)
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