Evers Pharmacy Inc et al v. OptumRx, Inc.
| Evers Pharmacy Inc doing business as Dauber Pharmacy, Petersburg Pharmacy, Inc. doing business as Petersburg Pharmacy, Princeville Pharmacy LLC doing business as Princeville Pharmacy, Rx Stores LLC doing business as Sav Mor Pharmacy Pana, Shermans Pharmacy Co doing business as Shermans Pharmacy, Johns Pharmacy, Inc. doing business as Sullivan Pharmacy, Victory Pharmacy of Decatur, Inc. doing business as Victory Pharmacy, Vorac Pharmacy, LLC doing business as Vorac Pharmacy, LLC, Lake of Decatur, Inc. doing business as Colees Community Pharmacy doing business as Colees Corner Drugs doing business as Dales Southlake Pharmacy, PRN Pharmacies LTD doing business as Medicine Shoppe #503 doing business as Medicine Shoppe #751, MLM Pharmacy, Inc. doing business as Medicine Shoppe Pharmacy, Pharmacy Plus, Inc doing business as Pharmacy Plus Barry doing business as Pharmacy Plus Girard doing business as Pharmacy Plus Greenfield doing business as Pharmacy Plus - Winchester, 5 Guys Rx II, LLC doing business as Wellcreek Pharmacy, H & S Pharmacies LLC doing business as Victors Medicenter Pharmacy, K & S Pharmacies of Southern Illinois LTC doing business as Moody Health Mart Pharmacy, Beauchamp & ORourke, Inc. doing business as Beauchamp & ORourke Pharmacy, Apoteka Compounding, LLC doing business as Community Clinical Pharmacy, Community Drug, Inc doing business as Community Drug, Cumberland Vital Care, LLC doing business as Cumberland Vital Care, Gresham Professional Pharmacy, Kelley-Ross & Associates, Inc. doing business as Kelley-Ross Pharmacy at the Polyclinic doing business as Union Center Pharmacy, Kines Family Pharmacy, Inc. doing business as Kines Family Pharmacy, Cabel L Jones, III doing business as Morristown Pharmacy, Munsey Enterprises, Inc doing business as Munsey Pharmacy, Pikes Pharmacy, Inc. doing business as Pikes Pharmacy, Pink Hill Pharmacy, Inc., Village Pharmacy of Hampstead, Inc. doing business as Rocky Point Pavilion Pharmacy, Williams Pharmacy Holdings 1 LLC doing business as South Fork Pharmacy, Custom Pharmacy Innovations, Inc. doing business as Westminster Family Drug, Family Prescription Counter, Jana Pharmacy, Inc. doing business as Jana Pharmacy, Lifestream Pharmacy, Inc. doing business as Lifestream Pharmacy, Kim Do, Inc. doing business as M.R.Pharmacy, Professional Pharmacy of Pennsburg, Inc. doing business as Professional Pharmacy of Pennsburg, Sunray Drugs, LLC doing business as Sunray Drugs, Medicine Shoppe doing business as Medicine Shoppe Jeffersonville, Joseph DiMatteo, Inc. doing business as Medicine Shoppe Oakmont, Hazle Drugs Inc doing business as Hazle drugs, NRS Pharmacies of Indiana, LLC doing business as Liberty Medicenter Pharmacy doing business as Medicenter Alternate Care Pharmacy, National Drug Store, Inc. doing business as Lynns Pharmacy, Tirelli, Inc. doing business as Broad Street Apothecary, DEJ, Inc. doing business as Center Apothecary, Exton Pharmacy, LLC doing business as Exton Pharmacy at Marchwood, KM Network, Inc. doing business as Courtyard Pharmacy, TDS, Inc. Norway Pharmacy doing business as Norway Hometown Pharmacy, Schmidt & Sons Pharmacy of Clinton, Inc. doing business as Schmidt & Sons Pharmacy of Clinton, Drug Store, Inc. doing business as Drug Store of Iron Mountain, 30 A Innovations, LLC doing business as Freedom Pharmacy, MR Discount Drugs, LLC doing business as MR Discount Drugs, Diamondhead Health Mart Pharmacy LLC doing business as Pharmacy in Diamondhead, Pharmacy in the Bay, LLC doing business as Pharmacy in the Bay, Inspire Pharmacy, Inc. doing business as Inspire Pharmacy, LaMour Drug Store, Inc. doing business as LaMoure Drug Store, MD Pharmacy, LLC doing business as MD Pharmacy, Ramsey Drug, Inc. doing business as Ramsey Drug, JMF, Inc. doing business as Medicine Shoppe, Casey Group doing business as Alberty Drugs, Geroulds Professional Pharmacy, Inc. doing business as Geroulds Pharmacy #1 doing business as Geroulds Pharmacy #2 doing business as Geroulds Pharmacy #3 doing business as Geroulds Pharmacy #4, Levins Pharmacy, Inc doing business as Levins Pharmacy, Pine Hill Hometown Pharmacy doing business as Pine Hill Hometown Pharmacy, Rye Beach Pharmacy, Inc. doing business as Rye Beach Pharmacy (Forest) doing business as Rye Bach Pharmacy (Theall Rd LLC), Barron Hometown Pharmacy, LLC doing business as Barron Hometown Pharmacy, Belew Drugs, Inc., Pennmark Pharmacy, Inc. doing business as Pennmark Pharmacy, Life Pharma II, Inc. doing business as Life Pharmacy, Jojan Pharma, Inc. doing business as St. Jude Pharmacy, Coastal Medical Services LLC doing business as Medical Center Pharmacy Savannah, Sammy Brown doing business as Citizens Pharmacy, Lamar Lingenfelter, Inc. doing business as Lamars Pharmacy, Richmond Hill Pharmacy, Inc. doing business as Richmond Hill Pharmacy, Homehealth Solutions, Inc. doing business as Medical Park Pharmacy, Coastal Pharmacy, Inc. doing business as Hinesville Pharmacy, Elk River Pharmacy, Inc. doing business as Kemper Corner Drug, Broad & Lehigh Pharmacy, Inc. doing business as Broad & Lehigh Pharmacy, Newport Drugs, Inc. doing business as Newport Drugs, Pharm Properties doing business as Prairie Pharmacy, Siversons Pharmacy & Gifts, LLC doing business as Siversons Pharmacy, Southside Pharmacy LTD doing business as Southside Pharmacy, Waveland Pharmacy, LLC doing business as Waveland Pharmacy, A & S Drugs, LLC doing business as A & S Drugs, Barons Pharmacy, LLC doing business as Barons Pharmacy doing business as Barons Pharmacy Mesaba, Jeffs Pharmacy, Inc. doing business as Steves Pharmacy, Russell Fork Pharmacies, Inc. doing business as Jones & Counts Pharmacy, New River Pharmacy, LLC doing business as Main Street Pharmacy, Jacks Pharmacy, Inc. doing business as Jacks Pharmacy, Wee Care Pharmacy, Inc. doing business as Davis Drug, Gunnison Family Pharmacy and Floral doing business as Gunnison Family Pharmacy, AA Dispensary, Inc. doing business as Brooks Pharmacy, Mainline Pharmacy doing business as Mainline LTC Pharmacy doing business as Mainline Pharmacy, 3JB, LLC doing business as Mainline Pharmacy Davidsville doing business as Mainline Pharmacy Somerset doing business as Blairsville Pharmacy doing business as Bushy Run Pharmacy and Mainline Pharmacy Ebensburg, LLC doing business as Mainline Pharmacy Ebensburg doing business as Mainline Pharmacy Nanty Glo |
| OptumRx, Inc. |
| 3:2022cv02156 |
| September 14, 2022 |
| US District Court for the Southern District of Illinois |
| David W Dugan |
| J Phil Gilbert |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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| Document Text |
|---|
| Filing 38 MEMORANDUM in Opposition re #20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Improper Venue filed by All Plaintiffs. (Attachments: #1 Declaration of Mark Cuker)(Cuker, Mark) |
| Filing 37 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #36 Memorandum in Opposition to Motion, filed by 30 A Innovations, LLC, 5 Guys Rx II, LLC, 3JB, LLC, MD Pharmacy, LLC, Professional Pharmacy of Pennsburg, Inc., Apoteka Compounding, LLC, Joseph DiMatteo, Inc., Rx Stores LLC, Geroulds Professional Pharmacy, Inc., Victory Pharmacy of Decatur, Inc., Russell Fork Pharmacies, Inc., Cabel L Jones, III, Waveland Pharmacy, LLC, Sunray Drugs, LLC, New River Pharmacy, LLC, Village Pharmacy of Hampstead, Inc., Casey Group, Inspire Pharmacy, Inc., Drug Store, Inc., Barron Hometown Pharmacy, LLC, NRS Pharmacies of Indiana, LLC, Williams Pharmacy Holdings 1 LLC, Southside Pharmacy LTD, TDS, Inc. Norway Pharmacy, Life Pharma II, Inc., MR Discount Drugs, LLC, Pennmark Pharmacy, Inc., Broad & Lehigh Pharmacy, Inc., Hazle Drugs Inc, Lake of Decatur, Inc., Pharmacy Plus, Inc, Newport Drugs, Inc., Sammy Brown, Family Prescription Counter, Gunnison Family Pharmacy and Floral, Jana Pharmacy, Inc., Shermans Pharmacy Co, AA Dispensary, Inc., Schmidt & Sons Pharmacy of Clinton, Inc., Wee Care Pharmacy, Inc., LaMour Drug Store, Inc., National Drug Store, Inc., Custom Pharmacy Innovations, Inc., Johns Pharmacy, Inc., Homehealth Solutions, Inc., Tirelli, Inc., Beauchamp & ORourke, Inc., Jeffs Pharmacy, Inc., H & S Pharmacies LLC, Community Drug, Inc, Kelley-Ross & Associates, Inc., Richmond Hill Pharmacy, Inc., DEJ, Inc., JMF, Inc., Jacks Pharmacy, Inc., Cumberland Vital Care, LLC, Elk River Pharmacy, Inc., K & S Pharmacies of Southern Illinois LTC, Petersburg Pharmacy, Inc., Rye Beach Pharmacy, Inc., Pharmacy in the Bay, LLC, Mainline Pharmacy, MLM Pharmacy, Inc., Kim Do, Inc., Coastal Pharmacy, Inc., Barons Pharmacy, LLC, Ramsey Drug, Inc., Belew Drugs, Inc., PRN Pharmacies LTD, Siversons Pharmacy & Gifts, LLC, KM Network, Inc., Levins Pharmacy, Inc, Lifestream Pharmacy, Inc., Kines Family Pharmacy, Inc., Mainline Pharmacy Ebensburg, LLC, Pine Hill Hometown Pharmacy, Vorac Pharmacy, LLC, Munsey Enterprises, Inc, Diamondhead Health Mart Pharmacy LLC, Jojan Pharma, Inc., Pikes Pharmacy, Inc., Lamar Lingenfelter, Inc., Gresham Professional Pharmacy, Pink Hill Pharmacy, Inc., Coastal Medical Services LLC, A & S Drugs, LLC, Exton Pharmacy, LLC, Princeville Pharmacy LLC, Evers Pharmacy Inc, Pharm Properties, Medicine Shoppe. Stricken at the request of filer. (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 36 STRICKEN MEMORANDUM in Opposition re #20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Improper Venue filed by All Plaintiffs. (Attachments: #1 Declaration of Mark Cuker)(Cuker, Mark) Modified on 11/4/2022 (jlh). |
| Reset Deadlines as to #31 MOTION for Discovery . Responses due by 11/15/2022 (lmb) |
Filing 35
ORDER granting #32 Motion for Extension of Time; granting #34 Motion for Extension of Time: Defendant seeks a 14-day extension in responding to Plaintiffs Motion for Jurisdictional Discovery. In its amended motion, Defendant indicates that Plaintiff is not opposed to the request. Accordingly, the motion is GRANTED. Defendant is allowed until November 15, 2022 to respond to Plaintiffs Motion for Jurisdictional discovery. Signed by Judge David W. Dugan on 10/27/2022. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
|
| Set/Reset Deadlines as to #20 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss Improper Venue. Responses due by 11/4/2022 (jlh) |
| Set/Reset Deadlines as to #23 MOTION to Remand to State Court . Defendant's Response due by 11/17/2022 (jlh) |
| Filing 34 Amended MOTION for Extension of Time by OptumRx, Inc.. (Nester, Michael) |
|
Filing 33
ORDER granting #30 Motion for Extension of Time: For the reasons stated, the parties' joint motion for briefing extensions is GRANTED: Accordingly, Defendant's Opposition to Plaintiffs' Motion to Remand is due November 17, 2022, and Plaintiffs' Opposition to Defendant's Motion to Dismiss is due November 4, 2022. Signed by Judge David W. Dugan on 10/24/2022. (dsw)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 32 MOTION for Extension of Time by OptumRx, Inc.. (Nester, Michael) |
| Filing 31 MOTION for Discovery by All Plaintiffs. (Attachments: #1 Memo In Support)(Cuker, Mark) |
| Filing 30 Joint MOTION for Extension of Time by OptumRx, Inc.. (Nester, Michael) |
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Filing 29
ORDER GRANTING re #27 MOTION to Appear Pro Hac Vice by Attorney Mark Cuker on behalf of 30 A Innovations, LLC, 5 Guys Rx II, LLC, 3JB, LLC, MD Pharmacy, LLC, Professional Pharmacy of Pennsburg, Inc., Apoteka Compounding, LLC, Joseph DiMatteo, Inc., Rx Stores LLC, Geroulds Professional Pharmacy, Inc., Victory Pharmacy of Decatur, Inc., Russell Fork Pharmacies, Inc., Cabel L Jones, III, Waveland Pharmacy, LLC, Sunray Drugs, LLC, New River Pharmacy, LLC, Village Pharmacy of Hampstead, Inc., Casey Group, Inspire Pharmacy, Inc., Drug Store, Inc., Barron Hometown Pharmacy, LLC, NRS Pharmacies of Indiana, LLC, Williams Pharmacy Holdings 1 LLC, Southside Pharmacy LTD, TDS, Inc. Norway Pharmacy, Life Pharma II, Inc., MR Discount Drugs, LLC, Pennmark Pharmacy, Inc., Broad & Lehigh Pharmacy, Inc., Hazle Drugs Inc, Lake of Decatur, Inc., Pharmacy Plus, Inc, Newport Drugs, Inc., Sammy Brown, Family Prescription Counter, Gunnison Family Pharmacy and Floral, Jana Pharmacy, Inc., Shermans Pharmacy Co, AA Dispensary, Inc., Schmidt & Sons Pharmacy of Clinton, Inc., Wee Care Pharmacy, Inc., LaMour Drug Store, Inc., National Drug Store, Inc., Custom Pharmacy Innovations, Inc., Johns Pharmacy, Inc., Homehealth Solutions, Inc., Tirelli, Inc., Beauchamp & ORourke, Inc., Jeffs Pharmacy, Inc., H & S Pharmacies LLC, Community Drug, Inc, Kelley-Ross & Associates, Inc., Richmond Hill Pharmacy, Inc., DEJ, Inc., JMF, Inc., Jacks Pharmacy, Inc., Cumberland Vital Care, LLC, Elk River Pharmacy, Inc., K & S Pharmacies of Southern Illinois LTC, Petersburg Pharmacy, Inc., Rye Beach Pharmacy, Inc., Pharmacy in the Bay, LLC, Mainline Pharmacy, MLM Pharmacy, Inc., Kim Do, Inc., Coastal Pharmacy, Inc., Barons Pharmacy, LLC, Ramsey Drug, Inc., Belew Drugs, Inc., PRN Pharmacies LTD, Siversons Pharmacy & Gifts, LLC, KM Network, Inc., Levins Pharmacy, Inc, Lifestream Pharmacy, Inc., Kines Family Pharmacy, Inc., Mainline Pharmacy Ebensburg, LLC, Pine Hill Hometown Pharmacy, Vorac Pharmacy, LLC, Munsey Enterprises, Inc, Diamondhead Health Mart Pharmacy LLC, Jojan Pharma, Inc., Pikes Pharmacy, Inc., Lamar Lingenfelter, Inc., Gresham Professional Pharmacy, Pink Hill Pharmacy, Inc., Coastal Medical Services LLC, A & S Drugs, LLC, Exton Pharmacy, LLC, Princeville Pharmacy LLC, Evers Pharmacy Inc, Pharm Properties, Medicine Shoppe, Granting #27 MOTION to Appear Pro Hac Vice by Attorney Mark Cuker $200 fee paid,receipt number AILSDC-4900354 filed by 30 A Innovations, LLC, 5 Guys Rx II, LLC, 3JB, LLC, MD Pharmacy, LLC, Professional Pharmacy of Pennsburg, Inc., Apoteka Compounding, LLC, Joseph DiMatteo, Inc., Rx Stores LLC, Geroulds Professional Pharmacy, Inc., Victory Pharmacy of Decatur, Inc., Russell Fork Pharmacies, Inc., Cabel L Jones, III, Waveland Pharmacy, LLC, Sunray Drugs, LLC, New River Pharmacy, LLC, Village Pharmacy of Hampstead, Inc., Casey Group, Inspire Pharmacy, Inc., Drug Store, Inc., Barron Hometown Pharmacy, LLC, NRS Pharmacies of Indiana, LLC, Williams Pharmacy Holdings 1 LLC, Southside Pharmacy LTD, TDS, Inc. Norway Pharmacy, Life Pharma II, Inc., MR Discount Drugs, LLC, Pennmark Pharmacy, Inc., Broad & Lehigh Pharmacy, Inc., Hazle Drugs Inc, Lake of Decatur, Inc., Pharmacy Plus, Inc, Newport Drugs, Inc., Sammy Brown, Family Prescription Counter, Gunnison Family Pharmacy and Floral, Jana Pharmacy, Inc., Shermans Pharmacy Co, AA Dispensary, Inc., Schmidt & Sons Pharmacy of Clinton, Inc., Wee Care Pharmacy, Inc., LaMour Drug Store, Inc., National Drug Store, Inc., Custom Pharmacy Innovations, Inc., Johns Pharmacy, Inc., Homehealth Solutions, Inc., Tirelli, Inc., Beauchamp & ORourke, Inc., Jeffs Pharmacy, Inc., H & S Pharmacies LLC, Kelley-Ross & Associates, Inc., Community Drug, Inc, Richmond Hill Pharmacy, Inc., JMF, Inc., DEJ, Inc., Jacks Pharmacy, Inc., Cumberland Vital Care, LLC, Elk River Pharmacy, Inc., Rye Beach Pharmacy, Inc., K & S Pharmacies of Southern Illinois LTC, Petersburg Pharmacy, Inc., Pharmacy in the Bay, LLC, Mainline Pharmacy, MLM Pharmacy, Inc., Kim Do, Inc., Coastal Pharmacy, Inc., Barons Pharmacy, LLC, Ramsey Drug, Inc., Belew Drugs, Inc., PRN Pharmacies LTD, Siversons Pharmacy & Gifts, LLC, Levins Pharmacy, Inc, KM Network, Inc., Lifestream Pharmacy, Inc., Kines Family Pharmacy, Inc., Mainline Pharmacy Ebensburg, LLC, Pine Hill Hometown Pharmacy, Vorac Pharmacy, LLC, Munsey Enterprises, Inc, Diamondhead Health Mart Pharmacy LLC, Jojan Pharma, Inc., Pikes Pharmacy, Inc., Lamar Lingenfelter, Inc., Gresham Professional Pharmacy, Pink Hill Pharmacy, Inc., Coastal Medical Services LLC, A & S Drugs, LLC, Exton Pharmacy, LLC, Princeville Pharmacy LLC, Evers Pharmacy Inc, Pharm Properties, Medicine Shoppe.(jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. Modified on 10/11/2022 (jlh).
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| Filing 28 AFFIDAVIT re #24 Memorandum in Support of Motion by All Plaintiffs. (Short, D.) |
| Filing 27 MOTION to Appear Pro Hac Vice by Attorney Mark Cuker $200 fee paid,receipt number AILSDC-4900354 by on behalf of All Plaintiffs. (Cuker, Mark) |
| Filing 26 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #25 Affidavit, filed by 30 A Innovations, LLC, 5 Guys Rx II, LLC, 3JB, LLC, MD Pharmacy, LLC, Professional Pharmacy of Pennsburg, Inc., Apoteka Compounding, LLC, Joseph DiMatteo, Inc., Rx Stores LLC, Geroulds Professional Pharmacy, Inc., Victory Pharmacy of Decatur, Inc., Russell Fork Pharmacies, Inc., Cabel L Jones, III, Waveland Pharmacy, LLC, Sunray Drugs, LLC, New River Pharmacy, LLC, Village Pharmacy of Hampstead, Inc., Casey Group, Inspire Pharmacy, Inc., Drug Store, Inc., Barron Hometown Pharmacy, LLC, NRS Pharmacies of Indiana, LLC, Williams Pharmacy Holdings 1 LLC, Southside Pharmacy LTD, TDS, Inc. Norway Pharmacy, Life Pharma II, Inc., MR Discount Drugs, LLC, Pennmark Pharmacy, Inc., Broad & Lehigh Pharmacy, Inc., Hazle Drugs Inc, Lake of Decatur, Inc., Pharmacy Plus, Inc, Newport Drugs, Inc., Sammy Brown, Family Prescription Counter, Gunnison Family Pharmacy and Floral, Jana Pharmacy, Inc., Shermans Pharmacy Co, AA Dispensary, Inc., Schmidt & Sons Pharmacy of Clinton, Inc., Wee Care Pharmacy, Inc., LaMour Drug Store, Inc., National Drug Store, Inc., Custom Pharmacy Innovations, Inc., Johns Pharmacy, Inc., Homehealth Solutions, Inc., Tirelli, Inc., Beauchamp & ORourke, Inc., Jeffs Pharmacy, Inc., H & S Pharmacies LLC, Community Drug, Inc, Kelley-Ross & Associates, Inc., Richmond Hill Pharmacy, Inc., DEJ, Inc., JMF, Inc., Jacks Pharmacy, Inc., Cumberland Vital Care, LLC, Elk River Pharmacy, Inc., K & S Pharmacies of Southern Illinois LTC, Petersburg Pharmacy, Inc., Rye Beach Pharmacy, Inc., Pharmacy in the Bay, LLC, Mainline Pharmacy, MLM Pharmacy, Inc., Kim Do, Inc., Coastal Pharmacy, Inc., Barons Pharmacy, LLC, Ramsey Drug, Inc., Belew Drugs, Inc., PRN Pharmacies LTD, Siversons Pharmacy & Gifts, LLC, KM Network, Inc., Levins Pharmacy, Inc, Lifestream Pharmacy, Inc., Kines Family Pharmacy, Inc., Mainline Pharmacy Ebensburg, LLC, Pine Hill Hometown Pharmacy, Vorac Pharmacy, LLC, Munsey Enterprises, Inc, Diamondhead Health Mart Pharmacy LLC, Jojan Pharma, Inc., Pikes Pharmacy, Inc., Lamar Lingenfelter, Inc., Gresham Professional Pharmacy, Pink Hill Pharmacy, Inc., Coastal Medical Services LLC, A & S Drugs, LLC, Exton Pharmacy, LLC, Princeville Pharmacy LLC, Evers Pharmacy Inc, Pharm Properties, Medicine Shoppe. Login used and signature do not match. Filer will re-file documents. Attorney Mark R. Cuker will need to apply for general admission and pay the initial admission fee or move to be admitted pro hac vice. Attorney admission information can be found under the Attorney Information heading on our website at http://www.ilsd.uscourts.gov. (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 25 STRICKEN AFFIDAVIT re #24 Memorandum in Support of Motion for Remand by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Short, D.) Modified on 10/5/2022 (jlh). |
| Filing 24 MEMORANDUM in Support re #23 MOTION to Remand to State Court filed by All Plaintiffs. (Short, D.) |
| Filing 23 MOTION to Remand to State Court by All Plaintiffs. (Short, D.) |
| Filing 22 Case reassigned to Judge David W. Dugan. Judge Stephen P. McGlynn no longer assigned to the case. (jlrr) |
|
Filing 21
ORDER: The undersigned TRANSFERS this case to District Judge David W. Dugan. All further pleadings filed in this case shall be styled with the suffix -DWD. Signed by Judge Stephen P. McGlynn on 9/22/2022. (anb2)
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| Filing 20 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss Improper Venue by OptumRx, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Declaration of Johana Arita, #2 Exhibit Exhibit 2 - Declaration of Michael Holecek, #3 Exhibit Exhibit 3 - Declaration of Christian J. Bongartz, #4 Exhibit Exhibit 4 - Declaration of Heather Bates)(Nester, Michael) |
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Filing 19
ORDER OF RECUSAL. Judge J. Phil Gilbert recused. Case reassigned to Judge Stephen P. McGlynn for all further proceedings. Signed by Judge J. Phil Gilbert on 9/20/2022. (jdh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 18
ORDER GRANTING #13 MOTION to Appear Pro Hac Vice by Attorney Michael J. Holecek on behalf of OptumRx, Inc. (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 17
ORDER GRANTING #11 MOTION to Appear Pro Hac Vice by Attorney Katherine Maddox Davis on behalf of OptumRx, Inc. (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 16
ORDER GRANTING #9 MOTION to Appear Pro Hac Vice by Attorney Geoffrey Manson Sigler on behalf of OptumRx, Inc. (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 15
ORDER GRANTING #7 MOTION to Appear Pro Hac Vice by Attorney Brandon J. Stoker on behalf of OptumRx, Inc. (jlh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 14 NOTICE of Appearance by Michael J. Holecek on behalf of OptumRx, Inc. (Holecek, Michael) |
| Filing 13 MOTION to Appear Pro Hac Vice by Attorney Michael J. Holecek $200 fee paid,receipt number AILSDC-4885162 by on behalf of OptumRx, Inc.. (Holecek, Michael) |
| Filing 12 NOTICE of Appearance by Katherine Maddox Davis on behalf of OptumRx, Inc. (Davis, Katherine) |
| Filing 11 MOTION to Appear Pro Hac Vice by Attorney Katherine Maddox Davis $200 fee paid,receipt number AILSDC-4885155 by on behalf of OptumRx, Inc.. (Davis, Katherine) |
| Filing 10 NOTICE of Appearance by Geoffrey Manson Sigler on behalf of OptumRx, Inc. (Sigler, Geoffrey) |
| Filing 9 MOTION to Appear Pro Hac Vice by Attorney Geoffrey Manson Sigler $200 fee paid,receipt number AILSDC-4885148 by on behalf of OptumRx, Inc.. (Sigler, Geoffrey) |
| Filing 8 NOTICE of Appearance by Brandon J. Stoker on behalf of OptumRx, Inc. (Stoker, Brandon) |
| Filing 7 MOTION to Appear Pro Hac Vice by Attorney Brandon J. Stoker $200 fee paid,receipt number AILSDC-4885138 by on behalf of OptumRx, Inc.. (Stoker, Brandon) |
| Filing 6 Notice of Judge Assignment. Judge J. Phil Gilbert assigned. All future documents must bear case number 22-cv-02156-JPG. Refer to Civil/Removal Case Processing Requirements, found on the ILSD website, for further service information. (jlh) |
| Filing 5 EXHIBIT by OptumRx, Inc.. Exhibit to #4 Notice (Other) Exhibit A to Notice to Plaintiffs of the Filing of the Notice of Removal. (Nester, Michael) |
| Filing 4 NOTICE by OptumRx, Inc. Notice to Plaintiffs of the Filing of the Notice of Removal (Nester, Michael) |
| Filing 3 DISCLOSURE OF INTERESTED PARTIES by OptumRx, Inc..(Nester, Michael) |
| Filing 2 NOTICE of Appearance by Michael J. Nester on behalf of OptumRx, Inc. (Nester, Michael) |
| Filing 1 NOTICE OF REMOVAL from St. Clair County Circuit Court, case number 22LA0662 ( Filing fee $ 402 receipt number AILSDC-4882513), filed by OptumRx, Inc.. (Attachments: #1 State Court Complaint Exhibit A - State Court Complaint, #2 Civil Cover Sheet Exhibit B - Civil Cover Sheet, #3 Exhibit Exhibit C - state court filings (other than Complaint))(Nester, Michael) |
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| Search for this case: Evers Pharmacy Inc et al v. OptumRx, Inc. | |
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| Plaintiff: Evers Pharmacy Inc doing business as Dauber Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Petersburg Pharmacy, Inc. doing business as Petersburg Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Princeville Pharmacy LLC doing business as Princeville Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Rx Stores LLC doing business as Sav Mor Pharmacy Pana | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Shermans Pharmacy Co doing business as Shermans Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Johns Pharmacy, Inc. doing business as Sullivan Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Victory Pharmacy of Decatur, Inc. doing business as Victory Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Vorac Pharmacy, LLC doing business as Vorac Pharmacy, LLC | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Lake of Decatur, Inc. doing business as Colees Community Pharmacy doing business as Colees Corner Drugs doing business as Dales Southlake Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: PRN Pharmacies LTD doing business as Medicine Shoppe #503 doing business as Medicine Shoppe #751 | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: MLM Pharmacy, Inc. doing business as Medicine Shoppe Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Pharmacy Plus, Inc doing business as Pharmacy Plus Barry doing business as Pharmacy Plus Girard doing business as Pharmacy Plus Greenfield doing business as Pharmacy Plus - Winchester | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: 5 Guys Rx II, LLC doing business as Wellcreek Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: H & S Pharmacies LLC doing business as Victors Medicenter Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: K & S Pharmacies of Southern Illinois LTC doing business as Moody Health Mart Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Beauchamp & ORourke, Inc. doing business as Beauchamp & ORourke Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Apoteka Compounding, LLC doing business as Community Clinical Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Community Drug, Inc doing business as Community Drug | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Cumberland Vital Care, LLC doing business as Cumberland Vital Care | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Gresham Professional Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Kelley-Ross & Associates, Inc. doing business as Kelley-Ross Pharmacy at the Polyclinic doing business as Union Center Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Kines Family Pharmacy, Inc. doing business as Kines Family Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Cabel L Jones, III doing business as Morristown Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Munsey Enterprises, Inc doing business as Munsey Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Pikes Pharmacy, Inc. doing business as Pikes Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Pink Hill Pharmacy, Inc. | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Village Pharmacy of Hampstead, Inc. doing business as Rocky Point Pavilion Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Williams Pharmacy Holdings 1 LLC doing business as South Fork Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Custom Pharmacy Innovations, Inc. doing business as Westminster Family Drug | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Family Prescription Counter | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Jana Pharmacy, Inc. doing business as Jana Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Lifestream Pharmacy, Inc. doing business as Lifestream Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Kim Do, Inc. doing business as M.R.Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Professional Pharmacy of Pennsburg, Inc. doing business as Professional Pharmacy of Pennsburg | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Sunray Drugs, LLC doing business as Sunray Drugs | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Medicine Shoppe doing business as Medicine Shoppe Jeffersonville | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Joseph DiMatteo, Inc. doing business as Medicine Shoppe Oakmont | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Hazle Drugs Inc doing business as Hazle drugs | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: NRS Pharmacies of Indiana, LLC doing business as Liberty Medicenter Pharmacy doing business as Medicenter Alternate Care Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: National Drug Store, Inc. doing business as Lynns Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Tirelli, Inc. doing business as Broad Street Apothecary | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: DEJ, Inc. doing business as Center Apothecary | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Exton Pharmacy, LLC doing business as Exton Pharmacy at Marchwood | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: KM Network, Inc. doing business as Courtyard Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: TDS, Inc. Norway Pharmacy doing business as Norway Hometown Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Schmidt & Sons Pharmacy of Clinton, Inc. doing business as Schmidt & Sons Pharmacy of Clinton | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Drug Store, Inc. doing business as Drug Store of Iron Mountain | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: 30 A Innovations, LLC doing business as Freedom Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: MR Discount Drugs, LLC doing business as MR Discount Drugs | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Diamondhead Health Mart Pharmacy LLC doing business as Pharmacy in Diamondhead | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Pharmacy in the Bay, LLC doing business as Pharmacy in the Bay | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Inspire Pharmacy, Inc. doing business as Inspire Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: LaMour Drug Store, Inc. doing business as LaMoure Drug Store | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: MD Pharmacy, LLC doing business as MD Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Ramsey Drug, Inc. doing business as Ramsey Drug | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: JMF, Inc. doing business as Medicine Shoppe | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Casey Group doing business as Alberty Drugs | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Geroulds Professional Pharmacy, Inc. doing business as Geroulds Pharmacy #1 doing business as Geroulds Pharmacy #2 doing business as Geroulds Pharmacy #3 doing business as Geroulds Pharmacy #4 | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Levins Pharmacy, Inc doing business as Levins Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Pine Hill Hometown Pharmacy doing business as Pine Hill Hometown Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Rye Beach Pharmacy, Inc. doing business as Rye Beach Pharmacy (Forest) doing business as Rye Bach Pharmacy (Theall Rd LLC) | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Barron Hometown Pharmacy, LLC doing business as Barron Hometown Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Belew Drugs, Inc. | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Pennmark Pharmacy, Inc. doing business as Pennmark Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Life Pharma II, Inc. doing business as Life Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Jojan Pharma, Inc. doing business as St. Jude Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Coastal Medical Services LLC doing business as Medical Center Pharmacy Savannah | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Sammy Brown doing business as Citizens Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Lamar Lingenfelter, Inc. doing business as Lamars Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Richmond Hill Pharmacy, Inc. doing business as Richmond Hill Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Homehealth Solutions, Inc. doing business as Medical Park Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Coastal Pharmacy, Inc. doing business as Hinesville Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Elk River Pharmacy, Inc. doing business as Kemper Corner Drug | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Broad & Lehigh Pharmacy, Inc. doing business as Broad & Lehigh Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Newport Drugs, Inc. doing business as Newport Drugs | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Pharm Properties doing business as Prairie Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Siversons Pharmacy & Gifts, LLC doing business as Siversons Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Southside Pharmacy LTD doing business as Southside Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Waveland Pharmacy, LLC doing business as Waveland Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: A & S Drugs, LLC doing business as A & S Drugs | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Barons Pharmacy, LLC doing business as Barons Pharmacy doing business as Barons Pharmacy Mesaba | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Jeffs Pharmacy, Inc. doing business as Steves Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Russell Fork Pharmacies, Inc. doing business as Jones & Counts Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: New River Pharmacy, LLC doing business as Main Street Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Jacks Pharmacy, Inc. doing business as Jacks Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Wee Care Pharmacy, Inc. doing business as Davis Drug | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Gunnison Family Pharmacy and Floral doing business as Gunnison Family Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: AA Dispensary, Inc. doing business as Brooks Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Mainline Pharmacy doing business as Mainline LTC Pharmacy doing business as Mainline Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: 3JB, LLC doing business as Mainline Pharmacy Davidsville doing business as Mainline Pharmacy Somerset doing business as Blairsville Pharmacy doing business as Bushy Run Pharmacy | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Plaintiff: Mainline Pharmacy Ebensburg, LLC doing business as Mainline Pharmacy Ebensburg doing business as Mainline Pharmacy Nanty Glo | |
| Represented By: | D. Keith Short |
| Represented By: | Mark Cuker |
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| Defendant: OptumRx, Inc. | |
| Represented By: | Brandon J. Stoker |
| Represented By: | Geoffrey Manson Sigler |
| Represented By: | Katherine Maddox Davis |
| Represented By: | Michael J. Holecek |
| Represented By: | Michael J. Nester |
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