Savidge et al v. Pharm-Save, Inc. et al
| Savidge, Beth A. Lynch and Andrea K. Savidge |
| Pharm-Save, Inc, Neil Medical Group, Inc. and Pharm-Save, Inc. |
| 3:2017cv00186 |
| March 27, 2017 |
| US District Court for the Western District of Kentucky |
| Louisville Office |
| Jefferson |
| Claria Horn Boom |
| Regina S Edwards |
| Thomas B Russell |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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Filing 57
ORDER GRANTING LEAVE TO FILE JOINT RESPONSE by Judge Claria Horn Boom on 1/24/2019 granting #53 Motion for Leave to File a Joint Response to Plaintiffs' Objection to Magistrate Judge's Order (DN #50 ). Defendants' Joint Response to Plaintiff's Objection to Magistrate Judge's Order is deemed timely filed. cc: Counsel (CDF)
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Filing 56
NOTICE Notice of Filing by Beth A. Lynch, Andrea K. Savidge re #55 Response to Motion (Attachments: #1 Exhibit Plaintiff's Exhibit G, #2 Exhibit Plaintiff's Exhibit H) (Jannace, Peter)
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Filing 55
RESPONSE to Motion re #51 MOTION to Dismiss filed by Beth A. Lynch, Andrea K. Savidge. (Attachments: #1 Proposed Order Plaintiffs' Proposed Order) (Jannace, Peter) (Additional attachment(s) added on 1/24/2019: #2 Exhibit Plaintiff's Exhibit G, #3 Exhibit Plaintiff's Exhibit H) (MEJ).
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Filing 54
NOTICE by Neil Medical Group, Inc., Pharm-Save, Inc. re #53 MOTION for Leave to (Miller, Byron)
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Filing 58
DEFENDANTS PHARM-SAVE, INC. AND NEIL MEDICAL GROUP, INC.'S JOINT RESPONSE TO PLAINTIFFS' OBJECTION TO MAGISTRATE JUDGE'S ORDER, re #50 Objection to #49 Order on Motion for Protective Order, filed by Neil Medical Group, Inc., Pharm-Save, Inc. (CDF)
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Filing 53
MOTION for Leave to file Joint Response by Defendants Neil Medical Group, Inc., Pharm-Save, Inc. (Attachments: #1 Response, #2 Proposed Order) (Miller, Byron) Modified on 1/17/2019 to clarify (RLJ). (Attachment 2 replaced on 1/17/2019) (MEJ).
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Filing 52
NOTICE of Withdrawal and Substitution of Counsel by Neil Medical Group, Inc., Pharm-Save, Inc. (Denham, Mitchel)
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Filing 51
MOTION to Dismiss by Defendant Neil Medical Group, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Miller, Byron)
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Filing 50
Objection to #49 Order on Motion for Protective Order filed by Beth A. Lynch, Andrea K. Savidge. (Attachments: #1 Supplement Kitchen Cafe v. Wolfgang Puck Licensing, LLC) (Jannace, Peter)
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Filing 49
ORDER signed by Magistrate Judge Regina S. Edwards on 12/14/2018, GRANTING #35 Motion for Protective Order. Defendants are now permitted to refile their Motion to Dismiss for Lack of Jurisdiction under Rule 12(b)(2). cc: Counsel(RLK)
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Filing 48
ORDER SUSTAINING OBJECTION TO MAGISTRATE'S ORDER by Judge Claria Horn Boom on 9/24/2018 - The Joint Motion to Reconsider Magistrate Judge's Order Denying Agreed Motion For Protective Order [R. 44] is SUSTAINED and the Order of the Magistrate [R. 43] is VACATED. The defendants' Joint Motion for Protective Order [R. 35], the plaintiff's response thereto [R. 37], and the defendant's reply [R. 39] SHALL BE submitted to Magistrate Judge Edwards for resolution. Defendant Neil Medical Group, Inc.'s Motion to Dismiss for Lack of Jurisdiction [R. 36] is DISMISSED WITHOUT PREJUDICE with leave to refile pending the resolution of [R. 35] by Magistrate Judge Edwards. cc: Counsel, USMJ Edwards-CM(DAK)
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Filing 47
REPLY re #44 Joint MOTION for Reconsideration re #43 Order on Motion for Protective Order filed by Pharm-Save, Inc.. (Miller, Byron)
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Filing 46
RESPONSE to Motion re #44 Joint MOTION for Reconsideration re #43 Order on Motion for Protective Order filed by Beth A. Lynch, Andrea K. Savidge. (Attachments: #1 Proposed Order Tendered Order, #2 Exhibit Plaintiffs' Exhibit F, #3 Supplement Eichbauer v. Henry Ford Health Sys., #4 Supplement Guiden v. Leatt Corp., #5 Supplement SBAV LP v. Porter Bancorp, Inc., #6 Supplement Albritton v. CVS Caremark Corp., #7 Supplement Grissom v. Ill. Cent. R.R. Co., #8 Supplement Pinkerton's Inc. v. Shelly Pinkerton Corp., #9 Supplement JPMorgan Chase Bank, N.A. v. Neovi, Inc., #10 Supplement Altman v. Grant Cnty. Sch. Dist., #11 Supplement McGhee v. Country Fresh, LLC) (Jannace, Peter)
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Filing 45
TEXT ORDER by Chief Judge Joseph H. McKinley, Jr., Pursuant to GO 2018-08, Case referred to United States Magistrate Judge Edwards. Case no longer referred to United States Magistrate Whalin. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc:counsel (KJA)
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Filing 44
Joint MOTION for Reconsideration re #43 Order Denying Agreed Motion for Protective Order, and OBJECTIONS to Magistrate Judge's #43 Order Denying Agreed Motion for Protective Order. by Defendants Neil Medical Group, Inc., and Pharm-Save, Inc. (Miller, Byron) Modified on 7/24/2018: added objection language (RLK).
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Filing 43
VACATED per #48 - ORDER by Magistrate Judge Dave Whalin on 7/9/2018 - #35 Motion for Protective Order is DENIED. cc: Counsel(DAK) Modified on 9/26/2018: vacated (RLK).
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Filing 42
TEXT ORDER by Judge Claria Horn Boom on 6/29/2018. Pursuant to 28 U.S.C. 636(b)(1)(A) and Fed. R. Civ. P. 72, the Court REFERS this case to United States Magistrate Judge Dave Whalin for purposes of: 1) resolving all non-dispositive pretrial motions; 2) generally managing discovery, including resolving all discovery disputes and conducting any hearing(s) other than the pretrial conference; 3) generally managing all pretrial scheduling issues, including altering any dates and/or deadlines, except deadlines for dispositive/Daubert motions, and the pretrial conference and the trial deadlines; 4) conducting a mid-discovery telephonic conference; and 5) conducting a settlement conference, if requested by the parties. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.cc: Counsel, Magistrate Judge Whalin's CM (RLK)
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Filing 41
TEXT ORDER by Chief Judge Joseph H. McKinley, Jr., Pursuant to GO 2018-03, Case reassigned to Judge Claria H. Boom for all further proceedings. Senior Judge Thomas B. Russell no longer assigned to case. cc:counsel (MLG)
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Filing 40
REPLY to Response to Motion re #36 MOTION to Dismiss for Lack of Jurisdiction filed by Neil Medical Group, Inc.. (Miller, Byron)
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Filing 39
REPLY to Response to Motion re #35 Joint MOTION for Protective Order filed by Neil Medical Group, Inc., Pharm-Save, Inc.. (Attachments: #1 Exhibit A: Plfs' Early Rule 34 Requests to Defs) (Miller, Byron)
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Filing 38
RESPONSE to Motion re #36 MOTION to Dismiss for Lack of Jurisdiction filed by Beth A. Lynch, Andrea K. Savidge. (Attachments: #1 Proposed Order Tendered Order, #2 Supplement Blanchard v. Britthaven, Inc.) (Jannace, Peter)
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Filing 37
RESPONSE to Motion re #35 Joint MOTION for Protective Order filed by Beth A. Lynch, Andrea K. Savidge. (Attachments: #1 Proposed Order Tendered Order, #2 Supplement Culver v. Wilson, #3 Supplement Mikron v. Hurd, #4 Supplement Silvestro v. EBI) (Jannace, Peter)
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Filing 36
MOTION to Dismiss for Lack of Jurisdiction by Defendant Neil Medical Group, Inc. (Attachments: #1 Memorandum in Support, #2 Exhibit Exhibit A: Affidavit of Erik Lindberg, #3 Proposed Order) (Miller, Byron)
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Filing 35
Joint MOTION for Protective Order by Defendants Neil Medical Group, Inc., Pharm-Save, Inc. (Attachments: #1 Exhibit Exhibit A: Plfs' 1st Set of Discovery to Pharm-Save, #2 Exhibit Exhibit B: Plfs' 1st Set of Discovery to Neil Medical, #3 Proposed Order) (Miller, Byron) Modified on 9/26/2018: reopened per #48 (RLK).
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Filing 34
REPLY to Response to Motion re #30 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint filed by Neil Medical Group, Inc., Pharm-Save, Inc.. (Miller, Byron)
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Filing 33
RESPONSE to Motion re #30 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint filed by Beth A. Lynch, Andrea K. Savidge. (Attachments: #1 Proposed Order Tendered Order, #2 Exhibit Exhibit D, #3 Exhibit Exhibit E, #4 Supplement unpublished case law, #5 Supplement unpublished case law, #6 Supplement unpublished case law) (Jannace, Peter)
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Filing 32
ORDER Signed by Senior Judge Thomas B. Russell on 12/22/2017 granting #29 Motion for Extension of Time to Answer: Defendant Pharm-Save, Inc. shall file an Answer to Plaintiffs Verified Complaint no later than fifteen (15) days after the Court has had occasion to rule on Defendants' Motion to Dismiss the Plaintiffs' First Amended Complaint. Defendant Neil Medical Group, Inc., if not dismissed based upon its forthcoming Motion to Dismiss for Lack of Personal Jurisdiction, shall file an Answer to Plaintiffs' Verified Complaint no later than fifteen (15) days after the Court has had occasion to rule on Defendants' Motion to Dismiss the Plaintiff's First Amended Complaint. cc: Counsel (JM)
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Filing 31
RESPONSE to Motion re #29 Joint MOTION for Extension of Time to File Answer re #27 Amended Complaint filed by Beth A. Lynch, Andrea K. Savidge. (Attachments: #1 Proposed Order tendered order, #2 Supplement unpublished case law) (Jannace, Peter)
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Filing 30
MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint by Defendants Neil Medical Group, Inc., Pharm-Save, Inc. (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Miller, Byron)
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Filing 29
Joint MOTION for Extension of Time to File Answer re #27 Amended Complaint by Defendants Neil Medical Group, Inc., Pharm-Save, Inc. (Attachments: #1 Proposed Order) (Miller, Byron)
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Filing 28
SURREPLY re #18 Joint MOTION to Stay filed by Neil Medical Group, Inc., Pharm-Save, Inc.. (JBM)
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Filing 27
FIRST AMENDED CLASS ACTION COMPLAINT against Neil Medical Group, Inc., Pharm-Save, Inc., filed by Andrea K. Savidge, Beth A. Lynch. (JBM)
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Filing 26
MEMORANDUM OPINION AND ORDER Signed by Senior Judge Thomas B. Russell on 12/1/2017: Defendants' Motion #5 to Dismiss is GRANTED IN PART AND DENIED INPART; The parties have until 1/31/2018 to conduct limited discovery on the issue of personal jurisdiction. Thereafter, Defendants have leave to refile their motion to dismiss Neil Medical Group, Inc. under Rule 12(b)(2). Plaintiffs' Joint Motion #8 for Extension of Time to File Response as to Defendants' Motion to Dismiss is GRANTED; Plaintiffs' Joint Motion #11 to Remand is DENIED AS MOOT; Plaintiffs' Motion #7 for Leave to File First Amended Class Action Complaint is GRANTED. Defendants will hereafter be permitted to file another motion to dismiss addressing Plaintiffs' new claims; Plaintiffs' Joint Motion #18 to Stay is DENIED; Defendants' Motion #23 for Leave to File Sur-Reply is GRANTED. cc: Counsel (JBM)
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Filing 25
REPLY to Response to Motion re #23 MOTION for Leave to File Sur-Reply In Support of filed by Neil Medical Group, Inc., Pharm-Save, Inc.. (Miller, Byron)
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Filing 24
RESPONSE to Motion re #23 MOTION for Leave to File Sur-Reply filed by Beth A. Lynch and Andrea K. Savidge. (Attachments: #1 Proposed Order, #2 Supplement Unpublished Opinion) (Jannace, Peter) Modified on 10/11/2017 to edit docket text and change entry relationships (MNM).
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Filing 23
MOTION for Leave to File Sur-Reply by Defendants Neil Medical Group, Inc., Pharm-Save, Inc. (Attachments: #1 Davies v. Trigg Cnty., #2 First Tech. Capital, Inc. v. BancTec, Inc., #3 Rose v. Liberty Life Assur. Co., #4 Reply Defendants Sur-Reply to Plaintiffs' Motion to Deny or Stay, #5 Babcock Power, Inc. v. Sterling Grp., LP, #6 Schall v. Suzuki Motor of Am., Inc., #7 Mattson v. Troyer, #8 Proposed Order) (Miller, Byron)
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Filing 22
REPLY to Response to Motion re #17 Joint MOTION to Amend/Correct #1 Notice of Removal, filed by Beth A. Lynch, Andrea K. Savidge. (Jannace, Peter)
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Filing 21
REPLY to Response to Motion re #18 Joint MOTION to Stay re #9 Proposed Order, #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Beth A. Lynch, Andrea K. Savidge. (Attachments: #1 Supplement unpublished decision) (Jannace, Peter)
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Filing 20
RESPONSE to Motion re #18 Joint MOTION to Stay re #9 Proposed Order, #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Neil Medical Group, Inc., Pharm-Save, Inc.. (Attachments: #1 Exhibit 1: Babcock Power, Inc. v. Sterling Grp., LP) (Miller, Byron)
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Filing 19
RESPONSE to Motion re #17 Joint MOTION to Amend/Correct #1 Notice of Removal, filed by Neil Medical Group, Inc., Pharm-Save, Inc.. (Miller, Byron)
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Filing 18
Joint MOTION to Stay re #9 Proposed Order, #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiffs Beth A. Lynch, Andrea K. Savidge (Attachments: #1 Memorandum in Support Memorandum of Authority in Support, #2 Affidavit Affidavit of Peter J. Jannace, #3 Proposed Order Tendered Order, #4 Exhibit unpublished decision) (Jannace, Peter)
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Filing 17
Joint MOTION to Amend/Correct #1 Notice of Removal, by Plaintiffs Beth A. Lynch, Andrea K. Savidge (Attachments: #1 Memorandum in Support Memorandum of Authority in Support, #2 Exhibit First Amended Class Action Complaint, #3 Proposed Order Tendered Order, #4 Exhibit unpublished decision) (Jannace, Peter)
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Filing 16
REPLY to Response to Motion re #11 Joint MOTION to Remand filed by Beth A. Lynch, Andrea K. Savidge. (Jannace, Peter)
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Filing 15
REPLY to Response to Motion re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Neil Medical Group, Inc., Pharm-Save, Inc.. (Attachments: #1 Holmes v. Countrywide Fin. Corp., #2 Nance v. Wal-Mart Stores, Inc.) (Miller, Byron)
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Filing 14
RESPONSE to Motion re #11 Joint MOTION to Remand filed by Neil Medical Group, Inc., Pharm-Save, Inc.. (Miller, Byron)
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Filing 13
RESPONSE to Motion re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Beth A. Lynch, Andrea K. Savidge. (Attachments: #1 Proposed Order Tendered Order, #2 Supplement unpublished decision, #3 Supplement unpublished decision, #4 Supplement unpublished decision, #5 Supplement unpublished decision) (Jannace, Peter)
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Filing 12
NOTICE of Withdrawal of Article III Standing Argument from Motion to Dismiss by Neil Medical Group, Inc., Pharm-Save, Inc. re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Miller, Byron)
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Filing 11
Joint MOTION to Remand by Plaintiffs Beth A. Lynch, Andrea K. Savidge (Attachments: #1 Memorandum in Support, #2 Proposed Order) (Jannace, Peter)
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Filing 10
RESPONSE to Motion re #8 Joint MOTION for Extension of Time to File Response/Reply as to #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Neil Medical Group, Inc., Pharm-Save, Inc.. (Miller, Byron)
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Filing 9
Proposed Order re #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Neil Medical Group, Inc., Pharm-Save, Inc.. (Miller, Byron)
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Filing 8
Joint MOTION for Extension of Time to File Response/Reply as to #5 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Plaintiffs Beth A. Lynch, Andrea K. Savidge (Attachments: #1 Proposed Order) (Jannace, Peter)
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Filing 7
NOTICE to Jefferson Circuit Court Clerk re #1 Notice of Removal. cc: counsel (MNM)
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Filing 6
NOTICE of Deficiency re #5 Motion to Dismiss for Failure to State a Claim. Reason for Deficiency: Proposed Order Not Submitted. Failure to comply will be brought to the attention of the Court. Response due by 4/3/2017. (MNM)
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Filing 5
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Neil Medical Group, Inc. and Pharm-Save, Inc. (Attachments: #1 Memorandum in Support, #2 Affidavit of Lindberg, #3 Case Law) (MNM) (Additional attachment(s) added on 4/10/2017: #4 Proposed Order) (KJA).
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Filing 4
Corporate Disclosure Statement identifying Corporate Parent Hillco, Ltd for Pharm-Save, Inc. (MNM)
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Filing 3
Corporate Disclosure Statement identifying Corporate Parent Britthaven, Inc. for Neil Medical Group, Inc. (MNM)
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Filing 2
Case Assignment (Random Selection): Case Assigned to Senior Judge Thomas B. Russell. Magistrate Judge designation: Magistrate Judge Dave Whalin. (MNM)
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Filing 1
NOTICE OF REMOVAL by Pharm-Save, Inc. and Neil Medical Group, Inc. from Jefferson Circuit Court, case number 17-CI-001134 (filing fee $400, receipt number 0644-2409384). (Attachments: #1 Exhibit A - State Court File, #2 Exhibit B - Notice and Certificate of Removal, #3 Cover Sheet) (MNM)
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