Gregory et al v. Ezricare, LLC et al
| Judith Gregory and Donald Gregory |
| Ezricare, LLC, Ezrirx, LLC, Global Pharma Healthcare Private LTD, Aru Pharma INC., Walmart Inc., Walmart Stores East Limited Partnership and Amazon.com, Inc. |
| 2:2023cv00069 |
| May 20, 2023 |
| US District Court for the Eastern District of Kentucky |
| David L Bunning |
| Candace J Smith |
| Personal Injury: Health Care/Pharmaceutical Personal Injury Product Liability |
| 28 U.S.C. § 1391 Personal Injury |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 37 Summons Issued as to Amazon.com, Inc. (including attested copies of the complaint and certified mail return receipts) for service through Kentucky Secretary of State and returned to counsel by U.S. Mail for service. (TJG) |
| Filing 36 NOTICE OF FILING by Donald Gregory, Judith Gregory of Summons for Issuance to Amazon.com, Inc. (Attachments: #1 Summons Summons to Defendant Amazon.com)(Millard, Dominic) |
| Filing 35 WAIVER OF SERVICE Returned Executed by Donald Gregory, Judith Gregory. Walmart Inc. waiver sent on 11/9/2023, answer due 1/8/2024. (Millard, Dominic) |
| Filing 34 WAIVER OF SERVICE Returned Executed by Donald Gregory, Judith Gregory. Walmart Stores East Limited Partnership waiver sent on 11/9/2023, answer due 1/8/2024. (Millard, Dominic) |
| Filing 33 AMENDED COMPLAINT against All Defendants, filed by Donald Gregory, Judith Gregory, filed per #32 Order.(TJG) |
Filing 32
ORDER: 1) Plaintiff's Motion for Leave to File Amended Complaint #26 is granted. Plaintiff's tendered Amended Complaint shall be filed. 2) Defendant EzriRx's Motion to Dismiss #20 is denied. 3) Defendant EzriCare's Motion to Dismiss #21 is denied. 4) Defendants EzriRx and EzriCare shall have 14 days from date of service of Amended Complaint to respond. 5) Motion to Intervene of Movants Walmart Inc. and Walmart Stores East LP #31 is denied. Signed by Magistrate Judge Candace J. Smith on 11/7/2023.(TJG)cc: COR
|
| Clerk's Note: re #33 Amended Complaint. The Clerk notes an Amended Complaint was filed;however, a summons was not provided to the Clerk for issuance. If you desiresummons to be issued, the forms are available on the Courts website,www.kyed.uscourts.gov. A summons may be issued by presenting theprepared summons to the Clerk for issuance on paper or by electronically filinga Notice of Filing with the prepared summons as an attachment within 7calendar days. (TJG) |
| Filing 31 MOTION to Intervene by Walmart Inc., Walmart Stores East, LP to Oppose Plaintiffs' Motion for Leave to File Amended Complaint and Join New Parties [ECF No. 26] Motions referred to Candace J. Smith. (Attachments: #1 Memorandum in Support, #2 Exhibit Ex. A - Proposed Opposition Brief to Plaintiffs' Motion to Join [ECF No. 26], #3 Attachment Ex. 1 to Proposed Opposition, #4 Exhibit Ex. B - Burton Declaration, #5 Proposed Order)(Sanjabi, Bardia) |
|
Filing 30
ORDER: Plaintiffs' Motion #28 is granted.Signed by Judge David L. Bunning on 10/31/2023. (SLG)cc: COR
|
| Filing 29 RESPONSE to #20 Defendant Ezrirx, LLC's Motion to Dismiss filed by Donald Gregory, Judith Gregory. (Millard, Dominic) |
| Filing 28 MOTION for Leave by Donald Gregory, Judith Gregory to File Response to Defendant Ezrirx, LLC Motion to Dismiss Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Millard, Dominic) |
| Filing 27 RESPONSE in Opposition re #21 MOTION to Dismiss for failure to state a claim by Ezricare, LLC filed by Donald Gregory, Judith Gregory. (Millard, Dominic) |
| Filing 26 FIRST MOTION for Leave to File Amended Complaint and Join New Parties by Donald Gregory, Judith Gregory Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Proposed Order)(Millard, Dominic) Modified text on 10/31/2023 (TJG). |
|
Filing 25
ORDER: Plaintiffs are hereby granted an extension up to and including October 27, 2023 to file their Response to Defendant EzriCare, LLC's Motion to Dismiss and Defendant EzriRx, LLC's Motion to Dismiss. Signed by Judge David L. Bunning on 10/10/2023.(SLG)cc: COR
|
| Filing 24 MOTION for Extension of Time to File Response/Reply as to #20 MOTION to Dismiss for Lack of Jurisdiction by Ezrirx, LLC , #21 MOTION to Dismiss for failure to state a claim by Ezricare, LLC by Donald Gregory, Judith Gregory Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order Granting Extension of Time)(Millard, Dominic) |
| NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Sarah E. Jones: A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Sarah E. Jones (SLG) |
| Filing 22 MOTION to Stay by Ezricare, LLC Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order)(Stevens, Clay) |
| Filing 21 MOTION to Dismiss for failure to state a claim by Ezricare, LLC (Attachments: #1 Proposed Order)(Stevens, Clay) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction by Ezrirx, LLC (Attachments: #1 Affidavit Ezriel Green, #2 Proposed Order)(Stevens, Clay) |
| Filing 19 FRCP 7.1 DISCLOSURE STATEMENT by Ezrirx, LLC. (Gault, Patrick) |
| Filing 18 FRCP 7.1 DISCLOSURE STATEMENT by Ezricare, LLC. (Gault, Patrick) |
| ***MOTION SUBMITTED TO CHAMBERS of Candace J. Smith for review: re #17 MOTION for Sarah E. Jones to Appear Pro Hac Vice by Ezricare, LLC, Ezrirx, LLC ( Filing fee $125; receipt number AKYEDC-5644211) (SLG) |
| BAR STATUS Check completed as to Sarah E. Jones re #17 MOTION for Sarah E. Jones to Appear Pro Hac Vice by Ezricare, LLC, Ezrirx, LLC ( Filing fee $125; receipt number AKYEDC-5644211). (SLG) |
| Filing 17 MOTION for Sarah E. Jones to Appear Pro Hac Vice by Ezricare, LLC, Ezrirx, LLC ( Filing fee $125; receipt number AKYEDC-5644211)Motions referred to Candace J. Smith. (Attachments: #1 Exhibit Certificate of Good Standing for the Supreme Court of Missouri, #2 Proposed Order)(Gault, Patrick) |
| Filing 16 Summons Returned by Judith Gregory SERVICE BY SECRETARY OF STATE to as to Aru Pharma INC. served on 9/5/2023, answer due 9/26/2023. This office served the defendant by sending a copy of the summons and accompanying documents via certified mail, return receipt requested, on August 4, 2023. We are enclosing the return receipt confirming receipt of summons. (SLG) |
| Filing 15 Summons Returned by Judith Gregory SERVICE BY SECRETARY OF STATE to as to Ezricare, LLC served on 9/5/2023, answer due 9/26/2023. This office served the defendant by sending a copy of the summons and accompanying documents via certified mail, return receipt requested, on August 4, 2023. We are enclosing the undelivered letter bearing the postal mark: No Signature Confirmation (SLG) |
|
Filing 14
ORDER: that this case is hereby scheduled for a telephonic Status Conference on Thursday, September 7, 2023, at 10:30 a.m. EDT before the undersigned. Counsel shall connect to the conference five minutes before the call is scheduled to begin. To connect to the call, dial 859-474-8484 and when prompted for a Conference ID, enter the one-time access code 421 183 661#. Signed by Magistrate Judge Candace J. Smith on 9/1/2023.(ECO)cc: COR Modified on 9/1/2023 (ECO).
|
| Filing 13 MOTION for Extension of Time to File Answer re #1 Complaint, by Ezricare, LLC Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order FOR EXTENSION OF TIME TO FILE AN ANSWER)(Gault, Patrick) |
| Filing 12 MOTION for Extension of Time to File Answer re #1 Complaint, by Ezrirx, LLC Motions referred to Candace J. Smith. (Attachments: #1 Proposed Order FOR EXTENSION OF TIME TO FILE AN ANSWER)(Gault, Patrick) |
| Filing 11 Summons Returned by Judith Gregory, Donald Gregory SERVICE BY SECRETARY OF STATE to as to Ezrirx, LLC served on 8/21/2023, answer due 9/11/2023. This office served the defendant by sending a copy of the summons and accompanyingdocuments via certified mail, return receipt requested, on August 4, 2023. (Attachments: #1 Return Receipt)(SLG) |
| Filing 10 PLAINTIFFS' FIRST STATUS REPORT Regarding Status of Service of Summons by Donald Gregory, Judith Gregory. (Attachments: #1 Exhibit A-Letter regarding Summons Service to EzriCare LLC, #2 Exhibit B-Letter regarding Summons Service to EzriRx LLC, #3 Exhibit C-Letter regarding Summons Service to Global Pharma Healthcare LTD, #4 Exhibit D-Letter regarding Summons Service to Aru Pharma Inc)(Millard, Dominic) Modified text on 7/31/2023 (SLG). |
| Filing 9 Summons Issued as to All Defendants and returned to counsel electronically for service. (Attachments: #1 Summons EZRICARE LLC, #2 Summons EZRIRX, LLC, #3 Summons ARU PHARMA INC.(SLG) |
| Filing 8 NOTICE by Donald Gregory, Judith Gregory Return of Summons and Request for Issuance of Summons (Attachments: #1 Summons EzriCare LLC, #2 Summons EzriRx LLC, #3 Summons Global Pharma Healthcare Private Ltd., #4 Summons Aru Pharma Inc.)(Millard, Dominic) |
| Clerk's Note: re #6 Notice of Filing, #7 Notice of Filing. Clerk advised counsel to use previously issued summons #2 . Clerk prepared and mailed service packets to counsel to use for service through Secretary of State for defendants Ezricare LLC, Ezrirx, LLC, Aru Pharma Inc. (TJZ) |
| Filing 7 NOTICE OF FILING by Judith Gregory of Summons for Issuance to all Defendants (Attachments: #1 Summons Summons in Civil Action Ezricare LLC, #2 Summons Summons in Civil Action Ezrirx, LLC, #3 Summons Summons in Civil Action Global Pharma Healthcare Private Limited, #4 Summons Summons in Civil Action Aru Pharma Inc.)(Graus, Stacey) |
| Filing 6 NOTICE OF FILING by Donald Gregory, Judith Gregory Summons for Issuance (Attachments: #1 Summons Summons of Aru Pharma, #2 Summons Summons of Ezricare LLC, #3 Summons Summons of EzriRx LLC, #4 Summons Summons of Global Pharma Healthcare Private Limited)(Millard, Dominic) |
|
Filing 5
ORDER: Plaintiff shall file a Status Report by 8/1/2023. Signed by Magistrate Judge Candace J. Smith on 7/20/2023.(TJZ)cc: COR
|
|
Filing 4
STANDING REFERRAL ORDER: 1) Case referred to assigned U.S. Magistrate Judge to supervise discovery and pretrial proceedings; 2) Magistrate Judge is authorized to conduct all pretrial and status conferences, to hold such hearings as may be required, and to rule on nondispositive motions, except motions in limine. Dispositive motions and motions in limine will be referred by the Clerk of this court to the undersigned. The final pretrial conference and trial will also be before the undersigned, unless parties agree to a trial by a Magistrate Judge; 3) Discovery disputes shall be resolved in the following manner: (1) Parties to meet/confer in an attempt to resolve disputes; (2) If parties unable to resolve such disputes formally, they shall attempt to resolve their disagreements by telephone conference with the Magistrate Judge; (3) If parties unable to resolve their disputes after conference with the Magistrate Judge, they may file appropriate written motions with the Court, which shall include the certification required. Signed by Judge David L. Bunning on 1/13/2011.(TDB)cc: COR
|
| Conflict Check run. (TDB) |
| Filing 2 Summons Issued as to All Defendants and returned to counsel electronically for service. (Attachments: #1 Summons EZRIRX LLC, #2 Summons Global Pharma, #3 Summons ARU Pharma) (TDB) |
| Filing 1 COMPLAINT ( Filing fee $402; receipt number AKYEDC-5559376), filed by Judith Gregory and Donald Gregory. (Attachments: #1 Exhibit Department of Health and Human Services, #2 Summons EZRICARE LLC, #3 Summons EZRIRX LLC, #4 Summons Global Pharma, #5 Summons ARU Pharma) (TDB) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Kentucky Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
