SCHWARTZ et al v. ANTHEM INSURANCE COMPANIES, INC. et al
| JOSEPHINE SCHWARTZ, JEFFREY SCHWARTZ, CARI SCHWARTZ and J. S. |
| KROGER PRESCRIPTION PLANS, INC, EXPRESS SCRIPTS, INC, KROGER SPECIALTY PHARMACY, INC, ACCREDO HEALTH GROUP, INC, ANTHEM INSURANCE COMPANIES, INC. and ANTHEM INSURANCE COMPANIES, INC. doing business as ANTHEM BLUE CROSS AND BLUE SHIELD |
| 1:2020cv00069 |
| January 8, 2020 |
| US District Court for the Southern District of Indiana |
| Matthew P Brookman |
| Mario Garcia |
| James Patrick Hanlon |
| Robert L Miller |
| Labor: E.R.I.S.A. |
| 28 U.S.C. § 1441 Petition for Removal |
| Defendant |
Docket Report
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Filing 145
ORDER - Defendant Anthem Insurance Companies, Inc., has moved to dismiss its crossclaim against Accredo Health Group, Inc. and Express Scripts, Inc. [Doc. No. 144]. The crossclaim is the only remaining claim in the case; the plaintiffs have already indicated that they have resolved their claims against all defendants and wish to dismiss their claims. [Doc. No. 142]. All parties request that this case be closed. The court GRANTS the plaintiffs' motion to dismiss, [Doc. No. #142 ], and Anthem's motion to dismiss their crossclaim, [Doc. No. #144 ]. Pursuant to Fed. R. Civ. P. 41(a) and the parties' representations, this case is DISMISSED. The Clerk is directed to enter judgment accordingly. Signed by Judge Robert L. Miller, Jr on 3/21/2022. (SWM)
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Filing 144
MOTION to Dismiss Cross-Claim, filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Attachments: #1 Text of Proposed Order)(Benjamin, Lawrence)
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Filing 143
ORDER: The plaintiffs have moved to dismiss this lawsuit under Federal Rule of Civil Procedure 41(a)(2), saying that the claims between them and each of the defendants have settled. Doc. No. #142 . But defendant Anthem Insurance Company still apparently has a pending crossclaim for indemnification against defendants Accredo Health Group, Inc. and Express Scripts, Inc. The court DIRECTS Anthem Insurance, Accredo, and Express Scripts to submit a joint status report on the remaining crossclaim by April 30, 2022, including the status of any settlement negotiations. Signed by Judge Robert L. Miller, Jr on 3/16/2022.
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Filing 142
MOTION to Dismiss , filed by Plaintiffs J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ. (Attachments: #1 Text of Proposed Order Proposed Order Granting Ps' Mtn to Dismiss)(Deets, Nicholas)
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Filing 141
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 1/28/2022. Parties appeared by counsel for a Telephonic Status Conference. Plaintiff's counsel was excused from the conference. A discussion was held over the language of the parties' settlement agreement as it pertains to matters raised among Defendants. Conference concluded without any action to be taken by the Court. Signed by Magistrate Judge Mario Garcia. (NAD)
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Filing 139
ORDER - granting Defendant's #138 Motion for Status Conference. IT IS THEREFORE ORDERED that Kroger Specialty Pharmacy, Inc., Anthem InsuranceCompanies, Inc., Express Scripts, Inc., and Accredo Health Group, Inc. appear for a telephonic status conference on Friday, January 28, 2022 at 3:30 p.m. (Eastern) and that Parties' deadline to file for dismissal with prejudice is stayed until further Court order. The call-in information will be issued by separate entry. Signed by Magistrate Judge Mario Garcia on 1/25/2022.(NAD)
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Filing 138
MOTION for Status Conference, filed by Defendant KROGER SPECIALTY PHARMACY, INC. (Attachments: #1 Text of Proposed Order)(Gordon, Kristine)
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Filing 137
ORDER granting #136 Motion for Extension of Time to 1/24/2022 for the parties' to file a dismissal with prejudice. Signed by Magistrate Judge Mario Garcia on 1/19/2022. (CBU)
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Filing 136
Third MOTION for Extension of Time to January 24, 2022 , filed by Defendant KROGER SPECIALTY PHARMACY, INC. (Attachments: #1 Text of Proposed Order)(Gordon, Kristine)
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Filing 135
ORDER granting #134 Motion for Extension of Time to 1/17/2022 for the Parties' to file for dismissal with prejudice. Signed by Magistrate Judge Mario Garcia on 1/10/2022. (CBU)
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Filing 134
Second MOTION for Extension of Time to January 17, 2022 in which to #131 Settlement ConferenceDirecting Filing of Dismissal Documents, #133 Order on Motion for Extension of Time to File , filed by Defendant KROGER SPECIALTY PHARMACY, INC. (Attachments: #1 Text of Proposed Order Granting Kroger Specialty Pharmacy, Inc.'s Unopposed Motion for Extension of Time)(Herceg, Manuel)
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Filing 133
ORDER granting Defendant Kroger Specialty Pharmacy, Inc.'s #132 Motion for Extension of Time to File Dismissal w/Prejudice to 1/7/2022. Signed by Magistrate Judge Mario Garcia on 12/27/2021. (SWM)
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Filing 132
Unopposed MOTION for Extension of Time to January 7, 2022 in which to #131 Settlement ConferenceDirecting Filing of Dismissal Documents , filed by Defendant KROGER SPECIALTY PHARMACY, INC. (Attachments: #1 Text of Proposed Order Granting Kroger Specialty Pharmacy, Inc.'s Unopposed Motion for Extension of Time)(Herceg, Manuel)
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Filing 131
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Settlement Conference held on 11/10/2021. The parties appeared in person and by counsel for a settlement conference. Conferenced conducted and an agreement resolving all claims is reached and a term sheet signed. Therefore, all pending motions, if any, are now DENIED AS MOOT and all previously ordered dates relating to discovery, filings, schedules, conferences and trial, if any, are VACATED. IT IS ORDERED that within forty-five days of this date, counsel for the plaintiff shall file a motion to dismiss this cause or a stipulation of dismissal. Signed by Magistrate Judge Mario Garcia. (NAD)
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Filing 130
Unopposed MOTION to Amend Case Management Plan, MOTION to Amend/Correct , filed by Plaintiffs J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ. (Attachments: #1 Text of Proposed Order)(Deets, Nicholas)
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Filing 129
ORDER granting #128 Motion to allow Express Scripts, Inc. and Accredo HealthGroup, Inc. Authorized Representative to Participate in the Settlement Conference Via Telephone. Signed by Magistrate Judge Mario Garcia on 11/1/2021. (CBU)
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Filing 128
MOTION Express Scripts, Inc. and Accredo Health Group, Inc.'s Motion for Authorized Representative to Participate in the Settlement Conference Via Telephone, filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Attachments: #1 Text of Proposed Order)(Nolan, Michael)
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Filing 127
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 7/28/2021. The parties appeared by counsel for a telephonic status conference. Parties request a settlement conference date. Plaintiff intends to file an Unopposed Motion to Modify CMP dates to accommodate revised deadlines. This case is set for an in-person settlement conference on Wednesday, November 10, 2021 at 9:00 a.m. (Eastern), before Magistrate Judge Mario Garcia in Room 361 of the United States Courthouse for the Southern District of Indiana, 46 East Ohio Street, Indianapolis, Indiana 46204. (See Order.) Signed by Magistrate Judge Mario Garcia. (NAD)
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Filing 125
SCHEDULING ORDER - On the Court's own motion, due to a scheduling conflict, the TELEPHONIC STATUS CONFERENCE set for Wednesday, July 28, 2021 at 10:00 a.m. (Est), is hereby RESCHEDULED to Wednesday, July 28, 2021 at 1:30 p.m. (Est), before the Honorable Mario Garcia, United States Magistrate Judge. Please note this scheduling change is as to the time only. The information needed to participate in this telephonic conference will be provided by a separate notification. Signed by Magistrate Judge Mario Garcia on 7/7/2021.(NAD)
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Filing 124
REPLY in Support of Motion re #110 MOTION to Remand , filed by Plaintiffs J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ. (Deets, Nicholas)
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Filing 123
MINUTE ORDER for proceedings held before Magistrate Judge Mario Garcia: Status Conference held on 4/30/2021. Parties appeared by telephone for a Status Conference. The parties reported on the status of and future plans for discovery. This matter is scheduled for a telephonic status conference on Monday, July 28, 2021 at 10:00 a.m. to discuss case status. Counsel shall attend the status conference by calling the designated phone number, to be provided by the Court via email generated by the Court's ECF system. Signed by Magistrate Judge Mario Garcia. (NAD)
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Filing 122
RESPONSE in Opposition re #110 MOTION to Remand , filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Benjamin, Lawrence)
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Filing 121
RESPONSE in Opposition re #110 MOTION to Remand , filed by Defendant KROGER SPECIALTY PHARMACY, INC. (Herceg, Manuel)
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Filing 119
RESPONSE in Opposition re #110 MOTION to Remand , filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Nolan, Michael)
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Filing 118
ORDER granting #114 Motion for Extension of Time to File Response to 4/27/2021 re #110 MOTION to Remand . Signed by Magistrate Judge Mario Garcia on 4/19/2021. (CBU)
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Filing 117
Submission of Proposed Order , re #114 Unopposed MOTION for Extension of Time to File Response re #110 MOTION to Remand , filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Benjamin, Lawrence)
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Filing 116
ORDER granting #115 Kroger's Motion for Extension of Time to File Response to 4/27/2021 re #110 MOTION to Remand . Signed by Magistrate Judge Mario Garcia on 4/16/2021. (CBU)
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Filing 115
Unopposed MOTION for Extension of Time to File Response to April 27, 2021 re #110 MOTION to Remand , filed by Defendant KROGER SPECIALTY PHARMACY, INC. (Attachments: #1 Text of Proposed Order)(Gordon, Kristine)
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Filing 114
Unopposed MOTION for Extension of Time to File Response re #110 MOTION to Remand , filed by Cross Claimant ANTHEM INSURANCE COMPANIES, INC., Defendant ANTHEM INSURANCE COMPANIES, INC.. (Benjamin, Lawrence)
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Filing 113
ANSWER to #107 Answer to Amended ComplaintCrossclaim , filed by ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC.(Nolan, Michael)
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Filing 112
Corporate Disclosure Statement by EXPRESS SCRIPTS, INC identifying Corporate Parent CIGNA CORPORATION, Corporate Parent EVERNORTH HEALTH, INC. for EXPRESS SCRIPTS, INC, EXPRESS SCRIPTS, INC.. (Nolan, Michael)
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Filing 111
Corporate Disclosure Statement by ACCREDO HEALTH GROUP, INC identifying Corporate Parent CIGNA CORPORATION, Corporate Parent EVERNORTH HEALTH, INC. for ACCREDO HEALTH GROUP, INC, ACCREDO HEALTH GROUP, INC.. (Nolan, Michael)
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Filing 110
MOTION to Remand , filed by Plaintiffs J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ. (Attachments: #1 Text of Proposed Order)(Deets, Nicholas)
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Filing 109
Reassignment of Case to Magistrate Judge Mario Garcia. Magistrate Judge Matthew P. Brookman is no longer assigned to this case. Please include the new case number (1:20-cv-69-RLM-MG), which includes the initials of the newly assigned judge, on all future filings in this matter. (JDad)
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Filing 108
ANSWER to #51 Amended Complaint , filed by ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC.(Nolan, Michael)
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Filing 107
ANSWER to #51 Amended Complaint , CROSSCLAIM against ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC, filed by ANTHEM INSURANCE COMPANIES, INC..(Benjamin, Lawrence)
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Filing 106
ORDER denying #67 and 72 Motions to Dismiss for Failure to State a Claim. Signed by Judge Robert L. Miller, Jr on 3/9/2021. (CBU)
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Filing 105
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: Status Conference held on 1/25/2021. Status Conference set for 4/30/2021 at 10:00 AM (Eastern Time) Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman. (TMB)
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Filing 104
NOTICE of Appearance by Kristine Anne Gordon on behalf of Defendant KROGER SPECIALTY PHARMACY, INC. (Gordon, Kristine)
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Filing 103
ORDER granting #101 Joint Motion to Amend Case Management Plan - Dispositive Motions due by 2/15/2022, Discovery due by 11/15/2021. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 1/21/2021.(AAS)
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Filing 101
Joint MOTION to Amend/Correct #62 Order: Case Management , filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Attachments: #1 Text of Proposed Order)(Benjamin, Lawrence)
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Filing 100
ORDER DENYING plaintiffs' renewed motion to remand Doc. No. #63 . ***Please See Order for detailed ruling**. Signed by Judge Robert L. Miller, Jr on 1/15/2021. (NLR)
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Filing 99
ORDER granting #81 Motion to Dismiss Defendant, Kroger Prescriptions Plans. Signed by Judge Robert L. Miller, Jr on 8/18/2020. (CBU)
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Filing 98
PROTECTIVE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 8/17/2020.(AAS)
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Filing 97
Submission of Signature Requirement re #96 Unopposed MOTION for Protective Order for Entry of Agreed Confidentiality and HIPPA Protective Orders by ANTHEM INSURANCE COMPANIES, INC.. (Benjamin, Lawrence)
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Filing 96
Unopposed MOTION for Protective Order for Entry of Agreed Confidentiality and HIPPA Protective Orders, filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Attachments: #1 Text of Proposed Order)(Benjamin, Lawrence)
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Filing 95
MINUTE ORDER for proceedings held before Magistrate Judge Matthew P. Brookman: A TELEPHONIC STATUS CONFERENCE is set for JANUARY 25, 2021 at10:00 a.m., Indianapolis time (EST), before the Honorable Matthew P. Brookman, United States Magistrate Judge. The information needed by counsel to participate in this telephonic conference will be provided by separate notification. Signed by Magistrate Judge Matthew P. Brookman. (JRB) (Main Document 95 replaced on 6/19/2020) (JRB).
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Filing 94
Witness List (Preliminary), filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC, Exhibit List (Preliminary), filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Nolan, Michael)
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Filing 93
Witness List (Preliminary), filed by Defendant KROGER SPECIALTY PHARMACY, INC, Exhibit List (Preliminary), filed by Defendant KROGER SPECIALTY PHARMACY, INC. (Herceg, Manuel)
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Filing 92
Witness List (Preliminary), filed by Defendant ANTHEM INSURANCE COMPANIES, INC., Exhibit List (Preliminary), filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Benjamin, Lawrence)
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Filing 90
Witness List , filed by Plaintiffs J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ, Exhibit List , filed by Plaintiffs J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ. (Deets, Nicholas)
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Filing 89
REPLY in Support of Motion re #67 MOTION to Dismiss Plaintiffs' Amended Complaint , filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Attachments: #1 Exhibit A)(Nolan, Michael)
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Filing 88
REPLY in Support of Motion re #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint , filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Benjamin, Lawrence)
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Filing 87
Designation of Honorable Robert L. Miller, Jr. (NLR)
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Filing 86
NOTICE of Reassignment of Case to Judge Robert L. Miller, Jr. Judge James Patrick Hanlon is no longer assigned to this case. Please include the new case number, 1:20-cv-00069-RLM-MPB, on all future filings in this matter. (NLR)
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Filing 85
ORDER - Pursuant to 28 U.S.C. 294(c), and the designation executed by Chief Judge Diane P. Wood on May 7, 2020, the Honorable Robert L. Miller, Jr. is assigned to perform the duties of the district judge in the United States District Court for the Southern District of Indiana for this matter. The Clerk is directed to reassign this case to Judge Miller pursuant to Local 40-1(f). Signed by Judge Jane Magnus-Stinson on 5/8/2020.(NLR)
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Filing 84
ORDER granting #83 Motion for Extension of Time to File Reply to 5/18/2020 re #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint. Signed by Magistrate Judge Matthew P. Brookman on 5/7/2020. (AAS)
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Filing 83
MOTION for Extension of Time to File Reply to May 18, 2020 re #67 MOTION to Dismiss Plaintiffs' Amended Complaint , filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Attachments: #1 Text of Proposed Order)(Nolan, Michael)
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Filing 82
RESPONSE in Opposition re #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint, #67 MOTION to Dismiss Plaintiffs' Amended Complaint , filed by Plaintiffs J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ. (Attachments: #1 Exhibit A - Affidavit of Jeffrey Schwartz)(Deets, Nicholas)
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Filing 81
MOTION to Dismiss Kroger Prescription Plans, Inc. Only, filed by Plaintiffs J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ. (Attachments: #1 Text of Proposed Order)(Deets, Nicholas)
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Filing 80
REPLY in Support of Motion re #63 MOTION to Remand -Plaintiffs' Renewed Motion to Remand , filed by Plaintiffs J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ. (Deets, Nicholas)
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Filing 79
AMENDED ANSWER to #51 Amended Complaint , filed by Defendants KROGER PRESCRIPTION PLANS, INC, KROGER SPECIALTY PHARMACY, INC. (Attachments: #1 Exhibit A- The Kroger Co. Health and Welfare Benefit Plan, #2 Exhibit B-The Kroger Co. Health and Welfare Benefit Plan- Prescription Drug Plan Booklet, #3 Exhibit C- The Kroger Co. Health and Welfare Benefit Plan- Medical Benefit Booklet)(Herceg, Manuel)
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Filing 78
RESPONSE in Opposition re #63 MOTION to Remand -Plaintiffs' Renewed Motion to Remand , filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Attachments: #1 Exhibit A - Kroger Co. Heath & Welfare Benefit Plan)(Nolan, Michael)
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Filing 77
RESPONSE in Opposition re #63 MOTION to Remand -Plaintiffs' Renewed Motion to Remand , filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Benjamin, Lawrence)
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Filing 76
RESPONSE in Opposition re #63 MOTION to Remand -Plaintiffs' Renewed Motion to Remand , filed by Defendants KROGER PRESCRIPTION PLANS, INC, KROGER SPECIALTY PHARMACY, INC. (Herceg, Manuel)
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Filing 75
ORDER granting #74 Motion for Extension of Time to File Response to 5/4/2020 re #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint.. Signed by Magistrate Judge Matthew P. Brookman on 4/22/2020. (JRB)
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Filing 74
MOTION for Extension of Time to File Response to 5/4/2020 re #67 MOTION to Dismiss Plaintiffs' Amended Complaint , filed by Plaintiffs J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ. (Attachments: #1 Text of Proposed Order Proposed Order)(Deets, Nicholas)
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Filing 73
BRIEF/MEMORANDUM in Support re #72 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint , filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Benjamin, Lawrence)
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Filing 72
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Amended Complaint, filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Attachments: #1 Exhibit A-Member Handbook for the Hoosier Care Connect Plan, #2 Text of Proposed Order)(Benjamin, Lawrence)
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Filing 71
ORDER granting #70 Motion for Extension of Time to File Response to #63 MOTION to Remand -Plaintiffs' Renewed Motion to Remand to 4/22/20. Signed by Magistrate Judge Matthew P. Brookman on 4/13/2020. (JRB)
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Filing 70
Unopposed MOTION for Extension of Time to File Response to April 22, 2020 re #63 MOTION to Remand -Plaintiffs' Renewed Motion to Remand , filed by Defendants KROGER PRESCRIPTION PLANS, INC, KROGER SPECIALTY PHARMACY, INC. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion for Extension of Time to Respond to Plaintiffs' Renewed Motion to Remand)(Porter, Tammara)
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Filing 69
ORDER granting #64 Unopposed Motion For 7-Day Extension of Time to Respond to Plaintiffs Amended Complaint. The time in which Anthem Insurance Companies, Inc. may answer or otherwise plead to Plaintiffs Amended Complaint isextended through and including April 13, 2020. Signed by Magistrate Judge Matthew P. Brookman on 4/7/2020. (AAS)
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Filing 68
BRIEF/MEMORANDUM in Support re #67 MOTION to Dismiss Plaintiffs' Amended Complaint , filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Attachments: #1 Exhibit A - Kroger Co. Health & Welfare Benefit Plan, #2 Exhibit B - Anthem Plan Handbook, #3 Exhibit C - IN Health Coverage Member Elgibility & Benefit Coverage Provider Reference Manual, #4 Exhibit D - IN Health Coverage Program Policy Manual Sec._4200)(Nolan, Michael)
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Filing 67
MOTION to Dismiss Plaintiffs' Amended Complaint, filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Nolan, Michael)
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Filing 66
ANSWER to #51 Amended Complaint , filed by KROGER PRESCRIPTION PLANS, INC, KROGER SPECIALTY PHARMACY, INC. (Attachments: #1 Exhibit A- The Kroger Co. Health and Welfare Benefit Plan, #2 Exhibit B-The Kroger Co. Health and Welfare Benefit Plan- Prescription Drug Plan Booklet)(Herceg, Manuel)
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Filing 65
Submission of Proposed Order Anthem's Unopposed Motion For 7 Day Extension of Time to Respond to Amended Complaint, re #64 Unopposed MOTION for Extension of Time to 04/13/2020 in which to #51 Amended Complaint Respond to Amended Complaint, filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Benjamin, Lawrence)
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Filing 64
Unopposed MOTION for Extension of Time to 04/13/2020 in which to #51 Amended Complaint Respond to Amended Complaint, filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Benjamin, Lawrence)
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Filing 63
MOTION to Remand -Plaintiffs' Renewed Motion to Remand, filed by Plaintiffs J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ. (Attachments: #1 Exhibit A-Amended Complaint, #2 Exhibit B-Notice of Removal, #3 Exhibit C-Billing Statements, #4 Exhibit D-Approval Letter, #5 Exhibit E-Denial of Liability, #6 Exhibit F- Claim Notes, #7 Exhibit G-Joinders, #8 Exhibit H-Medicaid Card, #9 Exhibit I-Anthem Medicaid Plan, #10 Exhibit J-Order)(Deets, Nicholas)
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Filing 62
ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. Initial Pretrial Conference held on 3/30/2020. Dispositive Motions due by 6/8/2021. Discovery due by 4/16/2021. Status Conference set for 6/19/2020 at 10:00 AM (Eastern Time) in Telephonic before Magistrate Judge Matthew P. Brookman. Signed by Magistrate Judge Matthew P. Brookman on 3/30/2020.(TMB)
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Filing 61
CASE MANAGEMENT PLAN TENDERED, filed by Plaintiffs J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ . (Deets, Nicholas)
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Filing 59
ORDER granting #57 Motion to Withdraw Attorney Appearance. Attorney John W. Borkowski withdrawn. Signed by Magistrate Judge Matthew P. Brookman on 3/17/2020. (JRB)
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Filing 57
MOTION to Withdraw Attorney Appearance of John Borkowski, filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Attachments: #1 Text of Proposed Order Proposed Order on Motion to Withdraw Appearance)(Borkowski, John)
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Filing 58
ORDER - Because Plaintiffs amended their complaint within 21 days of service of Defendants motions to dismiss, Plaintiffs could amend their complaint as a matter of course. Plaintiffs motion for leave to file an amended complaint is therefore DENIED as unnecessary. Dkt. #50 . Plaintiffs amended complaint, dkt. 51, is now the operative complaint and the original complaint is void. Defendants motions to dismiss the original complaint are therefore DENIED without prejudice as moot. Dkt. #31 ; dkt. #33 . Plaintiffs motion to remand, dkt. #28 which also involves the original complaint, see dkt. 28; dkt. 40; dkt. 41 is also DENIED without prejudice as moot. Dkt. #28 . Therefore, the Court ORDERS Plaintiffs to file a jurisdictional statement analyzing jurisdiction or a motion to remand based on the amended complaint by April 9, 2020. All Defendants SHALL RESPOND to the jurisdictional statement or motion to remand by April 23, 2020 (SEE ORDER FOR ADDITIONAL INFORMATION). Signed by Judge James Patrick Hanlon on 3/13/200. (DWH)
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Filing 56
NOTICE of Automatic Initial Extension of Time to Respond to Amended Complaint, filed by Defendant ANTHEM INSURANCE COMPANIES, INC. (Attachments: #1 Text of Proposed Order) (Benjamin, Lawrence)
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Filing 55
NOTICE of Automatic Initial Extension of Time to Respond to Plaintiffs' Amended Complaint, filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC, re #51 Amended Complaint. (Bleeke, James)
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Filing 54
NOTICE of Automatic Initial Extension of Time to Respond, filed by Defendants KROGER PRESCRIPTION PLANS, INC, KROGER SPECIALTY PHARMACY, INC, re #51 Amended Complaint, #50 MOTION for Leave to File Amended Complaint. (Attachments: #1 Text of Proposed Order Acknowledging Kroger Prescription Plans, Inc.'s and Kroger Specialty Pharmacy Inc.'s Notice of Automatic Initial Extension of Time to Respond to Plaintiffs' Amended Complaint) (Herceg, Manuel)
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Filing 53
ORDER granting #49 Motion to Withdraw Attorney Appearance. IT IS THEREFORE ORDERED that Attorney Abraham J. Souza is WITHDRAWN as counsel of record for Defendant Anthem Insurance Companies, Inc. The Clerk of Court is directed to remove Mr. Souza from the service list for the above-captioned matter. Signed by Magistrate Judge Matthew P. Brookman on 3/4/2020. (AAS)
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| Filing 52 DEMAND for Trial by Jury, filed by Plaintiffs J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ. (Deets, Nicholas) |
| Filing 51 AMENDED COMPLAINT For Damages against ACCREDO HEALTH GROUP, INC, ANTHEM INSURANCE COMPANIES, INC., EXPRESS SCRIPTS, INC, KROGER PRESCRIPTION PLANS, INC, KROGER SPECIALTY PHARMACY, INC, filed by J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ. (Attachments: #1 Exhibit A - Insurance Card, #2 Exhibit B - Anthem Letter)(Deets, Nicholas) |
| Filing 50 MOTION for Leave to File Amended Complaint, filed by Plaintiffs J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ. (Attachments: #1 Exhibit A - Amended Complaint, #2 Text of Proposed Order)(Deets, Nicholas) |
| Filing 49 MOTION to Withdraw Attorney Appearance Abraham J. Souza, filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Attachments: #1 Text of Proposed Order)(Souza, Abraham) |
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Filing 48
ORDER granting #42 Motion to Appear pro hac vice. Attorney Michael Patrick Nolan for ACCREDO HEALTH GROUP, INC, Michael Patrick Nolan for EXPRESS SCRIPTS, INC added. Signed by Magistrate Judge Matthew P. Brookman on 2/25/2020. (AAS)
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| Filing 47 REPLY in Support of Motion re #28 MOTION to Remand , filed by Plaintiffs J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Deets, Nicholas) |
| Filing 46 RECEIPT #IP068475 in the amount of $100.00 paid by Bleeke Dillon Crandall for #42 Motion to Appear Pro Hac Vice for Michael P. Nolan. (DJH) |
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Filing 45
ORDER granting #43 Motion to Appear pro hac vice. Attorney Mary K. Mullen for ACCREDO HEALTH GROUP, INC, and EXPRESS SCRIPTS, INC. The Court FURTHER ORDERS that Mary K. Mullen register as a user of the courts electronic filing system by March 5, 2020. Failure to register could result in the revocation of his admission pro hac vice. Copy sent to Mary K. Mullen via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 2/20/2020. (AAS)
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| Filing 44 RESPONSE in Opposition re #28 MOTION to Remand , filed by Defendants KROGER PRESCRIPTION PLANS, INC, KROGER SPECIALTY PHARMACY, INC. (Herceg, Manuel) |
| Filing 43 First MOTION for Attorney(s) Mary K. Mullen to Appear pro hac vice (Filing fee $100, receipt number 0756-5865672), filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Attachments: #1 Exhibit A; Certification, #2 Exhibit A-1; Certificate of Good Standing, #3 Text of Proposed Order Granting Motion)(Bleeke, James) |
| Filing 42 MOTION for Attorney(s) Michael P. Nolan to Appear pro hac vice (No fee paid with this filing), filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Attachments: #1 Exhibit A: Certification, #2 Exhibit A-1: Certificate of Good Standing, #3 Text of Proposed Order Granting Pro Hac Vice)(Bleeke, James) |
| Filing 41 RESPONSE in Opposition re #28 MOTION to Remand , filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bleeke, James) |
| Filing 40 RESPONSE in Opposition re #28 MOTION to Remand , filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Benjamin, Lawrence) |
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Filing 39
ORDER granting #36 Motion to Appear pro hac vice. Attorney Abraham J. Souza for ANTHEM INSURANCE COMPANIES, INC. added. Copy sent to Counsel via US Mail. Signed by Magistrate Judge Matthew P. Brookman on 2/13/2020. (AAS)
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Filing 38
ORDER granting #35 Motion to Appear pro hac vice. Attorney Dan J. Hofmeister, Jr for ANTHEM INSURANCE COMPANIES, INC. added. Signed by Magistrate Judge Matthew P. Brookman on 2/13/2020. (AAS)
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| Filing 37 Kroger Prescription Plans, Inc.'s and Kroger Specialty Pharmacy Inc.'s ANSWER to Complaint and Affirmative and Other Defenses, filed by KROGER PRESCRIPTION PLANS, INC, KROGER SPECIALTY PHARMACY, INC. (Attachments: #1 Exhibit A - Kroger Co. Health Welfare Benefit Plan, #2 Exhibit B - Prescription Drug Plan Booklet)(Herceg, Manuel) |
| Filing 36 MOTION for Attorney(s) Abraham J. Souza to Appear pro hac vice (Filing fee $100.00, receipt number IP068397), filed by Defendant ANTHEM INSURANCE COMPANIES, INC. (Attachments: #1 Text of Proposed Order, #2 Cover Letter, #3 Envelope)(DWH) |
| Filing 35 MOTION for Attorney(s) Dan J. Hofmeister, Jr. to Appear pro hac vice (Filing fee $100.00, receipt number IP068396), filed by Defendant ANTHEM INSURANCE COMPANIES, INC. (Attachments: #1 Text of Proposed Order, #2 Cover Letter, #3 Envelope)(DWH) |
| Filing 34 BRIEF/MEMORANDUM in Support re #33 MOTION to Dismiss Plaintiffs' Complaint , filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Attachments: #1 Exhibit A: Annual Return/Report of Employee Benefit Plan)(Farrington, Christopher) |
| Filing 33 MOTION to Dismiss Plaintiffs' Complaint, filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Farrington, Christopher) |
| Filing 32 BRIEF/MEMORANDUM in Support re #31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Benjamin, Lawrence) |
| Filing 31 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , filed by Defendant ANTHEM INSURANCE COMPANIES, INC.. (Attachments: #1 Exhibit A- Declaration of Cindy Butler, #2 Exhibit 1 - Medical Benefit Booklet for Kroger)(Benjamin, Lawrence) |
| Filing 30 NOTICE of Appearance by Christopher Andrew Farrington on behalf of Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Farrington, Christopher) |
| Filing 29 NOTICE of Appearance by James F. Bleeke on behalf of Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Bleeke, James) |
| Filing 28 MOTION to Remand , filed by Plaintiffs J. S., CARI SCHWARTZ, JEFFREY SCHWARTZ. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Text of Proposed Order)(Deets, Nicholas) |
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Filing 27
ORDER granting #16 Motion to Maintain Document Under Seal - The clerk is DIRECTED to maintain under seal the following documents: Notice of Appearance #5 , Corporate Disclosure Statement #6 , Notice of Appearance #7 , Corporate Disclosure Statement #8 , and Motion for Joinder of Notice of Removal #9 . SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 1/22/2020. (JRB)
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| Filing 26 NOTICE (Joinder in Notice of Removal), filed by Defendants KROGER PRESCRIPTION PLANS, INC, KROGER SPECIALTY PHARMACY, INC, re #1 Notice of Removal. (Herceg, Manuel) |
| Filing 25 NOTICE of Parties' First Extension of Time, filed by Defendants KROGER PRESCRIPTION PLANS, INC, KROGER SPECIALTY PHARMACY, INC. (Attachments: #1 Text of Proposed Order Acknowledging Kroger Prescription Plans, Inc.'s and Kroger Specialty Pharmacy Inc.'s Notice of Automatic Initial Extension of Time to Respond to Plaintiffs' Complaint) (Herceg, Manuel) |
| Filing 24 Corporate Disclosure Statement by KROGER PRESCRIPTION PLANS, INC, KROGER SPECIALTY PHARMACY, INC identifying Corporate Parent THE KROGER COMPANY for KROGER PRESCRIPTION PLANS, INC, KROGER SPECIALTY PHARMACY, INC.. (Herceg, Manuel) |
| Filing 23 NOTICE of Appearance by Manuel Herceg on behalf of Defendants KROGER PRESCRIPTION PLANS, INC, KROGER SPECIALTY PHARMACY, INC. (Herceg, Manuel) |
| Filing 22 NOTICE of Appearance by Tammara Danielle Porter on behalf of Defendants KROGER PRESCRIPTION PLANS, INC, KROGER SPECIALTY PHARMACY, INC. (Porter, Tammara) |
| Filing 21 REDACTION to #9 MOTION for Joinder in Notice of Removal by ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Borkowski, John) |
| Filing 20 REDACTION to #8 Corporate Disclosure Statement by EXPRESS SCRIPTS, INC. (Borkowski, John) |
| Filing 19 REDACTION to #7 Notice of Appearance of Counsel by EXPRESS SCRIPTS, INC. (Borkowski, John) |
| Filing 18 REDACTION to #6 Corporate Disclosure Statement by ACCREDO HEALTH GROUP, INC. (Borkowski, John) |
| Filing 17 REDACTION to #5 Notice of Appearance of Counsel by ACCREDO HEALTH GROUP, INC. (Borkowski, John) |
| Filing 16 MOTION to Maintain Document Under Seal #5 Notice of Appearance, #8 Corporate Disclosure Statement, #7 Notice of Appearance, #6 Corporate Disclosure Statement, #9 MOTION for Joinder in Notice of Removal , filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Attachments: #1 Exhibit A - Appearance for Accredo, #2 Exhibit B - Corporate Disclosure for Accredo, #3 Exhibit C - Appearance for ESI, #4 Exhibit D - Corporate Disclosure for ESI, #5 Exhibit E - Joinder in Notice of Removal, #6 Text of Proposed Order)(Borkowski, John) |
| Filing 15 NOTICE of Parties' First Extension of Time, filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Borkowski, John) |
| Filing 14 TRIAL PROCEDURES AND PRACTICES before Judge James Patrick Hanlon. (DWH) |
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Filing 13
ORDER SETTING INITIAL PRE-TRIAL CONFERENCE - Initial Telephonic Pretrial Conference set for 3/30/2020 at 11:00 AM (Eastern Time) before Magistrate Judge Matthew P. Brookman. The information needed to participate in this telephonic conference will be provided by a separate notification. No fewer than seven (7) days before the IPTC, counsel must file a Proposed CMP. SEE ORDER. Signed by Magistrate Judge Matthew P. Brookman on 1/9/2020.(JRB)
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| Filing 12 MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (AKH) |
| Filing 11 NOTICE of Automatic Initial Extension of Time to 02/12/2020 to Respond to Complaint , filed by Defendant ANTHEM INSURANCE COMPANIES, INC. (Benjamin, Lawrence) Modified text on 1/15/2020 (TMB). |
| Filing 10 TRIAL PROCEDURES AND PRACTICES before Judge James Patrick Hanlon. (DWH) |
| Filing 9 JOINDER in Notice of Removal, filed by Defendants ACCREDO HEALTH GROUP, INC, EXPRESS SCRIPTS, INC. (Borkowski, John) Modified text on 1/15/2020 (TMB). |
| Filing 8 Corporate Disclosure Statement by EXPRESS SCRIPTS, INC identifying Corporate Parent Cigna Inc., Other Affiliate EXPRESS SCRIPTS HOLDING COMPANY for EXPRESS SCRIPTS, INC.. (Borkowski, John) |
| Filing 7 NOTICE of Appearance by John W. Borkowski on behalf of Defendant EXPRESS SCRIPTS, INC. (Borkowski, John) |
| Filing 6 Corporate Disclosure Statement by ACCREDO HEALTH GROUP, INC identifying Corporate Parent Cigna Inc., Other Affiliate EXPRESS SCRIPTS HOLDING COMPANY, Other Affiliate ACCREDO HEALTH GROUP, INC for ACCREDO HEALTH GROUP, INC.. (Borkowski, John) |
| Filing 5 NOTICE of Appearance by John W. Borkowski on behalf of Defendant ACCREDO HEALTH GROUP, INC. (Borkowski, John) |
| Filing 4 NOTICE of State Court Motions, filed by Defendant ANTHEM INSURANCE COMPANIES, INC. (Benjamin, Lawrence) |
| Filing 3 Corporate Disclosure Statement by ANTHEM INSURANCE COMPANIES, INC. identifying Corporate Parent ANTHEM, INC for ANTHEM INSURANCE COMPANIES, INC... (Benjamin, Lawrence) |
| Filing 2 NOTICE of Appearance by Lawrence M. Benjamin on behalf of Defendant ANTHEM INSURANCE COMPANIES, INC.. (Benjamin, Lawrence) |
| Filing 1 NOTICE OF REMOVAL from Superior Court of Marion County, Indiana, case number 49D07-1912-CT-051592, filed by ANTHEM INSURANCE COMPANIES, INC.. (Filing fee $400, receipt number 0756-5800927) (Attachments: #1 Exhibit A (Complaint), #2 State Court Record Docket Sheet, Complaint, Summons, Summons, Summons, Summons, Summons,Certificate of Summons, Appearance, Appearance, Affidavit of Service,Exhibit A, Notice,Order, #3 Exhibit Civil Cover Sheet)(Benjamin, Lawrence) Modified on 1/14/2020 (DWH). |
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