Hansen et al v. CVS Pharmacy, Inc.
| M.D. Kendall E. Hansen and Interventional Pain Specialists, PLC |
| CVS Pharmacy, Inc. |
| 2:2021cv00092 |
| August 4, 2021 |
| US District Court for the Eastern District of Kentucky |
| William O Bertelsman |
| Candace J Smith |
| P.I.: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
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Filing 28
ORDER: That the telephonic status conference set for Friday, October 8, 2021 at 1:00 p.m. be, and is hereby, CANCELLED. The parties shall file a stipulation of dismissal or status report on or before November 1, 2021. Signed by Judge William O. Bertelsman on 9/30/2021.(ECO)cc: COR
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Filing 27
ORDER: That a telephonic status conference be, and is hereby, SET FOR FRIDAY OCTOBER 8, 2021 AT 1:00 P.M. Counsel for the parties shall connect to the call five minutes before the call is scheduled to begin. To connect to the call (See Order). Signed by Judge William O. Bertelsman on 9/29/2021.(ECO)cc: COR
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Filing 26
VIRTUAL ORDER: granting #21 MOTION for Ronald Chapman II to Appear Pro Hac Vice on behalf of Plaintiff Kendall E. Hansen, M.D., the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 9/22/2021. (ECO)cc: COR
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Filing 25
VIRTUAL ORDER: granting #18 MOTION for Conor Brendan O'Croinin to Appear Pro Hac Vice on behalf of Defendant CVS Pharmacy, Inc., the requirements of Joint Local Civil Rule 83.2 having been satisfied. Signed by Magistrate Judge Candace J. Smith on 9/22/2021. (ECO)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of William O. Bertelsman for review: #24 Notice That The Parties Have Not Reached A Settlement re #23 Order (ECO) |
| Filing 24 NOTICE That The Parties Have Not Reached A Settlement by CVS Pharmacy, Inc. (Stopher, Robert) Modified text to better describe document on 9/20/2021 (ECO). |
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Filing 23
ORDER: That the parties shall have up to and including September 17, 2021 to reach agreement on resolution of this action. If the parties are unable to resolve this matter, they shall notify the Court on or before September 17, 2021 and request a hearing to address injunctive relief. Signed by Judge William O. Bertelsman on 9/13/2021.(ECO)cc: COR
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| ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #22 JOINT MOTION for Extension of Time by CVS Pharmacy, Inc. (ECO) |
| Filing 22 JOINT MOTION for Extension of Time by CVS Pharmacy, Inc. Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Stopher, Robert) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #21 MOTION for Ronald Chapman II to Appear Pro Hac Vice by Kendall E. Hansen (TJZ) |
| BAR STATUS Check completed re #21 MOTION for Ronald Chapman II to Appear Pro Hac Vice by Kendall E. Hansen. (TJZ) |
| Filing 21 MOTION for Ronald Chapman II to Appear Pro Hac Vice by Kendall E. Hansen Motions referred to Candace J. Smith. (Attachments: #1 Certificate of Good Standing, #2 Letter, #3 receipt)(TJZ) |
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Filing 20
ORDER: a) Parties shall have to 9/10/2021 to reach agreement on resolution of this action. If parties are unable to resolve the matter, they shall notify the Court by 9/10/2021; b) In the event no resolution is reached by 9/10/2021, Defendant shall have until 9/30/2021 to file responsive pleading; c) Subject to and without waiving CVS's objection to TRO, the TRO shall remain in effect until a hearing on the motion for injunctive relief. Signed by Judge William O. Bertelsman on 8/26/2021.(TJZ)cc: COR
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| BAR STATUS Check completed re #18 MOTION for Conor Brendan O'Croinin to Appear Pro Hac Vice by CVS Pharmacy, Inc. ( Filing fee $125; receipt number 0643-5051007). (TJZ) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #18 MOTION for Conor Brendan O'Croinin to Appear Pro Hac Vice by CVS Pharmacy, Inc. ( Filing fee $125; receipt number 0643-5051007) (TJZ) |
| Filing 19 JOINT STATUS REPORT by Kendall E. Hansen, Interventional Pain Specialists, PLC. (Attachments: #1 Proposed Order Agreed Order)(Morgan, Daniel) |
| Filing 18 MOTION for Conor Brendan O'Croinin to Appear Pro Hac Vice by CVS Pharmacy, Inc. ( Filing fee $125; receipt number 0643-5051007)Motions referred to Candace J. Smith. (Attachments: #1 Affidavit, #2 Exhibit Certificate of Good Standing, #3 Proposed Order)(Stopher, Robert) |
| Filing 17 TRANSCRIPT REQUEST for proceedings held on 8/10/2021 before Judge William O. Bertelsman. (TJZ) |
| Clerk's Note: re #17 Transcript Request. Clerk forwarded request to court reporter, Lisa Wiesman. (TJZ) |
| Filing 16 NOTICE by Kendall E. Hansen, Interventional Pain Specialists, PLC Posting of Bond (Attachments: #1 Exhibit 1 - Bond)(Morgan, Daniel) |
| Filing 15 TRANSCRIPT of Proceedings: Motion Hearing held on August 10, 2021 before Judge William O. Bertelsman. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: Daniel Luke Morgan, Esq. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/13/2021. Redacted Transcript Deadline set for 9/23/2021. Release of Transcript Restriction set for 11/22/2021. |
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Filing 14
TEMPORARY RESTRAINING ORDER that: (1) Defendant CVS Pharmacy, Inc., its officers, agents, servants, employees, attorneys, or other persons who are in active concert or participation with it, be, and are hereby, ENJOINED from refusing to fill prescriptions written by Kendall E. Hansen,M.D. for any pharmaceutical product; and(2) Plaintiffs shall post a security bond in the amount of$10,000. Signed by Judge William O. Bertelsman on 8/11/2021.(ECO)cc: COR
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Filing 13
MINUTE ENTRY ORDER FOR MOTION HEARING held on 8/10/2021 before Judge William O. Bertelsman: (1) Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction #6 and motion for leave to seal #8 be, and are hereby, GRANTED. A Temporary Restraining Order shall enter concurrently herewith; (2) The parties shall confer and attempt to settle this matter, failing which a joint status report must be filed within fourteen days recommending further proceedings to the Court. (Court Reporter LISA WIESMAN.) Signed by Judge William O. Bertelsman on 8/11/2021. (ECO)cc: COR
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| NOTICE OF DOCKET MODIFICATION TO Daniel Morgan re #11 SEALED MOTION ; Error: theSupplemental Brief to #6 was incorrectly filed using the event "motion." Entry byattorney; Clerk modified the docket text of #11 to state, "incorrectly filed." Clerkfiled the Supplemental Brief at #12 ; In the future, contact the ECF help desk whenassistance is needed to select the correct event. No further action required bycounsel. cc: COR (ECO) |
| Filing 12 SUPPLEMENTAL BRIEF IN SUPPORT OF PLAINTIFFS' MOTON FOR TEMPORARY RESTRAINING ORDER #6 filed by Kendall E. Hansen, Interventional Pain Specialists, PLC. (Attachments: #1 Affidavit of Hannah Davis, #2 Affidavit of Katherine McAfee, #3 Affidavit of Michelle Todd) (Filed per QC DE #11 ). (ECO) . Modified on 8/12/2021 (ECO). |
| Filing 11 "INCORRECTLY FILED AS SEALED MOTION re 8 MOTION for leave to Seal a Document by Kendall E. Hansen, Interventional Pain Specialists, PLC by Kendall E. Hansen, Interventional Pain Specialists, PLC. (Attachments: #1 Affidavit Exhibit 1, #2 Affidavit Exhibit 2, #3 Affidavit Exhibit 3) "Please see docket entry #12 for the CORRECT ENTRY for this document. (Morgan, Daniel) Modified text to add Incorrectly Filed on 8/10/2021 (ECO). Modified on 8/10/2021 (ECO). |
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Filing 10
AGREED ORDER: That counsel for defendant CVS Pharmacy, Inc. (ConorO'Croinin) and counsel for plaintiff Kendall E. Hansen, M.D. (Ronald Chapman, II) be,and same are hereby, permitted to participate in the Court's preliminary conferencescheduled for August 10, 2021 at 10:30 a.m. by telephone.The Court will call Mr. O'Croinin at 443-315-7476 and Mr. Chapman at 248-259-2995 when it is ready to begin the conference. It is understood by all parties that DanielLuke Morgan will appear at the preliminary conference in person on behalf of the plaintiffInterventional Pain Specialists, PLC. Signed by Judge William O. Bertelsman on 8/9/2021. (ECO)cc: COR
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| Filing 9 Proposed Agreed Order by CVS Pharmacy, Inc.. (Stopher, Robert) |
| Filing 8 MOTION for leave to Seal a Document by Kendall E. Hansen, Interventional Pain Specialists, PLC. (Attachments: #1 Proposed Order)(Morgan, Daniel) Modified on 8/10/2021 (ECO). |
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Filing 7
ORDER: That a preliminary conference on this motion #6 be, and is hereby, SCHEDULED FOR TUESDAY, AUGUST 10, 2021 at 10:30 A.M. The Clerk of Court shall overnight (via UPS) a copy of this Order to Defendant, c/o Kahra Lutkiewicz, RPh, Director, Retail Pharmacy Professional Practice, CVS Pharmacy Inc., One CVS Drive, Woonsocket, Rhode Island 02895. Signed by Judge William O. Bertelsman on 8/6/2021.(ECO)cc: COR w/copy overnight (via UPS) to Kahra Lutkiewicz Modified bold text on 8/6/2021 (ECO).
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| Filing 6 MOTION for Temporary Restraining Order by Kendall E. Hansen, Interventional Pain Specialists, PLC (Attachments: #1 Memorandum in Support, #2 Exhibit 1 - Letter from CVS to Kendall Hansen dated 07.28.2021, #3 Exhibit 2 - Affidavit of Daniel Luke Morgan, #4 Proposed Order for TRO, #5 Proposed Order TRO)(Morgan, Daniel) |
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Filing 5
STANDING REFERRAL ORDER: 1) Case referred to presiding Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, hold hearings as required, and rule on nondispositive motions. Dispositive motions and motions in limine will be referred by the Clerk of court to the undersigned. Subject to other provisions of law, the final pretrial conference and trial will be before the undersigned, unless the parties agree to a trial by a Magistrate Judge, pursuant to 28 USC 636(c). Signed by Judge William O. Bertelsman on 6/18/2010.(ECO)cc: COR
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| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Kendall E. Hansen, Interventional Pain Specialists, PLC. (ECO) |
| Conflict Check run. (ECO) |
| ***MOTION SUBMITTED TO CHAMBERS of William O. Bertelsman for review: re #6 MOTION for Temporary Restraining Order by Kendall E. Hansen, Interventional Pain Specialists, PLC (ECO) |
| Filing 3 Summons Issued as to CVS Pharmacy, Inc.; Summons issued and returned to counsel electronically (ECO) |
| Filing 1 VERIFIED COMPLAINT ( Filing fee $402; receipt number 0643-5035147), filed by Interventional Pain Specialists, PLC, Kendall E. Hansen. (Attachments: #1 Exhibit CVS Letter to Dr. Hansen dated 7/28/2021, #2 Civil Cover Sheet, #3 Summons to CVS Pharmacy, Inc.)(ECO) |
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