Humana Health Plan, Inc. et al v. Rite Aid Hdqtrs. Corp. et al
| Humana Health Plan, Inc., Humana Insurance Company and Humana Pharmacy Solutions, Inc. |
| Rite Aid Hdqtrs. Corp. and Rite Aid Corporation |
| 3:2022cv00226 |
| April 25, 2022 |
| US District Court for the Western District of Kentucky |
| David J Hale |
| Colin H Lindsay |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1332 Diversity Action |
| None |
Docket Report
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COUNTER-MOTION for Vacatur or Modification by Respondents Rite Aid Corporation, Rite Aid Hdqtrs. Corp. (*NOTE: This Motion was incorporated within DN #38 and has been redocketed by the Clerk for reporting purposes. Please see DN #38 for viewing.) (DLW)
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Filing 40
SEALED MOTION re #38 Response, #39 MOTION for Leave to Seal Document by Respondents Rite Aid Corporation, Rite Aid Hdqtrs. Corp. (Attachments: #1 Exhibit 1-Arbitration transcript, #2 Exhibit 2-Expert report of Pamela Wyett, Rite Aids industry expert (R-577), #3 Exhibit 4-H-158; Aug. 2013 email exchange between Humana employees, #4 Exhibit 5-Deposition designations for T.J. Federer (Humana employee), #5 Exhibit 6-Deposition designations for Humanas 30(b)(6) corporate representative, #6 Exhibit 9-R-221; Dec. 2010 email exchange between Humana employees, attaching Adam J. Fein report, #7 Exhibit 10-R-137; Mar. 2009 email exchange between Humana employees, #8 Exhibit 11-R-141; Mar.-Apr. 2009 email exchange between Humana employees, #9 Exhibit 12-R-142; Mar.-Apr. 2009 email exchange between Humana employees, #10 Exhibit 13-R-151; June 2009 email exchange between Humana employees, #11 Exhibit 14-R-152; June 2009 email exchange between Humana employees, #12 Exhibit 15-R-153; June 2009 email exchange between Humana employees, #13 Exhibit 16-R-449; Jan. 10, 2018 letter from Matthew R. Varzally, Senior Counsel for Humana, #14 Exhibit 17-Humanas Arbitration Demand, #15 Exhibit 18-Rite Aids Answering Statement, #16 Exhibit 19-Aug. 9, 2019 letter to Judge Lewis (Rite Aid Choice-of-Law Letter), #17 Exhibit 20-Rite Aids Post-Trial Brief, #18 Exhibit 21-Rite Aids Proposed Findings of Fact (FOF), #19 Exhibit 22-Rite Aids Proposed Conclusions of Law (COL), #20 Exhibit 23-Rite Aids Response Brief, #21 Exhibit 24-R-579; Rebuttal report of Rite Aids damages expert, Jed Smith, #22 Exhibit 25-Humanas Response Brief, #23 Exhibit 26-H-147; Expert report of Humanas damages expert, Michael Petron, #24 Exhibit 27-R-103; 2008 Humana slide deck (with cover email), #25 Exhibit 28-R-159; 2009 Humana slide deck (with cover email), #26 Exhibit 29-R-201; 2010 Humana slide deck (with cover email), #27 Exhibit 30-RDX-10; Demonstrative supporting testimony of Rite Aids damages expert, Jed Smith) (Skolnick, Cory)
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Filing 39
MOTION for Leave to Seal Document re #38 Response by Respondents Rite Aid Corporation, Rite Aid Hdqtrs. Corp. (Attachments: #1 Proposed Order) (Skolnick, Cory)
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Filing 38
RESPONSE to #1 Petition to Confirm Arbitration Award (Combined Response in Opposition to Humana's Petition to Confirm Arbitration Award and Counter-Motion for Vacatur or Modification) filed by Rite Aid Corporation, Rite Aid Hdqtrs. Corp. (Attachments: #1 Exhibit 1-Arbitration Transcript, #2 Exhibit 2-Expert report of Pamela Wyett, Rite Aids industry expert (R-577), #3 Exhibit 3-Rx Savings Card Marketing Bulletin (R-106), #4 Exhibit 4-H-158; Aug. 2013 email exchange between Humana employees, #5 Exhibit 5-Deposition designations for T.J. Federer (Humana employee), #6 Exhibit 6-Deposition designations for Humanas 30(b)(6) corporate representative, #7 Exhibit 7-H-111; June 11, 2008 letters from Mary Sammons, Rite Aid President and CEO), #8 Exhibit 8-R-108; Sept. 25, 2008 Rx Savings Press Release, #9 Exhibit 9-R-221; Dec. 2010 email exchange between Humana employees, attaching Adam J. Fein report, #10 Exhibit 10-R-137; Mar. 2009 email exchange between Humana employees, #11 Exhibit 11-R-141; Mar.-Apr. 2009 email exchange between Humana employees, #12 Exhibit 12-R-142; Mar.-Apr. 2009 email exchange between Humana employees, #13 Exhibit 13-R-151; June 2009 email exchange between Humana employees, #14 Exhibit 14-R-152; June 2009 email exchange between Humana employees, #15 Exhibit 15-R-153; June 2009 email exchange between Humana employees, #16 Exhibit 16-R-449; Jan. 10, 2018 letter from Matthew R. Varzally, Senior Counsel for Humana, #17 Exhibit 17-Humanas Arbitration Demand, #18 Exhibit 18-Rite Aids Answering Statement, #19 Exhibit 19-Aug. 9, 2019 letter to Judge Lewis (Rite Aid Choice-of-Law Letter), #20 Exhibit 20-Rite Aids Post-Trial Brief, #21 Exhibit 21-Rite Aids Proposed Findings of Fact (FOF), #22 Exhibit 22-Rite Aids Proposed Conclusions of Law (COL), #23 Exhibit 23-Rite Aids Response Brief, #24 Exhibit 24-R-579; Rebuttal report of Rite Aids damages expert, Jed Smith, #25 Exhibit 25-Humanas Response Brief, #26 Exhibit 26-H-147; Expert report of Humanas damages expert, Michael Petron, #27 Exhibit 27-R-103; 2008 Humana slide deck (with cover email), #28 Exhibit 28-R-159; 2009 Humana slide deck (with cover email), #29 Exhibit 29-R-201; 2010 Humana slide deck (with cover email), #30 Exhibit 30-RDX-10; Demonstrative supporting testimony of Rite Aids damages expert, Jed Smith, #31 Proposed Order) (Skolnick, Cory)
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Filing 37
ATTORNEY NOTICE of Deficiency to Preston L. Pugh re 17 Order on Motion to Appear Pro Hac Vice.Reason for Deficiency: failure to register to file electronically pursuant to GO 2008-03. Failure to comply will be brought to the attention of the Court. Response due by 6/24/2022. (KJA)
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Filing 36
ATTORNEY NOTICE of Deficiency to Michael J. Ableson re 27 Order on Motion to Appear Pro Hac Vice.Reason for Deficiency: failure to register to file electronically pursuant to GO 2008-03. Failure to comply will be brought to the attention of the Court. Response due by 6/24/2022. (KJA)
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Filing 35
ATTORNEY NOTICE of Deficiency to Michael H. Pine re 27 Order on Motion to Appear Pro Hac Vice.Reason for Deficiency: failure to register to file electronically pursuant to GO 2008-03. Failure to comply will be brought to the attention of the Court. Response due by 6/24/2022. (KJA)
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Filing 34
ATTORNEY NOTICE of Deficiency to Kelly Hightower Hibbert re 27 Order on Motion to Appear Pro Hac Vice.Reason for Deficiency: failure to register to file electronically pursuant to GO 2008-03. Failure to comply will be brought to the attention of the Court. Response due by 6/24/2022. (KJA)
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Filing 33
ATTORNEY NOTICE of Deficiency to Keith J. Harrison re 27 Order on Motion to Appear Pro Hac Vice.Reason for Deficiency: failure to register to file electronically pursuant to GO 2008-03. Failure to comply will be brought to the attention of the Court. Response due by 6/24/2022. (KJA)
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Filing 32
ATTORNEY NOTICE of Deficiency to Justin D. Kingsolver re 27 Order on Motion to Appear Pro Hac Vice.Reason for Deficiency: failure to register to file electronically pursuant to GO 2008-03. Failure to comply will be brought to the attention of the Court. Response due by 6/24/2022. (KJA)
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Filing 31
ATTORNEY NOTICE of Deficiency to David B. Salmons re 27 Order on Motion to Appear Pro Hac Vice.Reason for Deficiency: failure to register to file electronically pursuant to GO 2008-03. Failure to comply will be brought to the attention of the Court. Response due by 6/24/2022. (KJA)
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Filing 30
ORDER Signed by Magistrate Judge Colin H. Lindsay on 6/3/2022: Petitioners' #18 Motion for Service of Summons by U.S. Marshal is DENIED as moot. cc: Counsel (DLW)
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Filing 29
ORDER for Proceedings held before Magistrate Judge Colin H. Lindsay: Telephonic Status Conference held on 5/17/2022. Defendants' #13 Motion for Extension of Time to Respond, Entry of Briefing Schedule, Expansion of Page Limit, and Initial Conference is GRANTED IN PART and DENIED IN PART. cc: Counsel (DLW)
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Filing 28
TEXT ORDER by Magistrate Judge Colin H. Lindsay on 5/16/2022. A telephonic conference is scheduled for 5/17/2022 9:30 AM before Magistrate Judge Colin H. Lindsay. Counsel shall connect to the conference by dialing 888-808-6929, access code 2773744. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (TLB)
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Filing 27
TEXT ORDER Signed by Judge David J. Hale on 5/11/2022 granting #22 Motion for Margot G. Bloom to Appear Pro Hac Vice; granting #23 Motion for David B. Salmons to Appear Pro Hac Vice; granting #24 Motion for Michael E. Kenneally to Appear Pro Hac Vice; granting #25 Motion for Troy S. Brown to Appear Pro Hac Vice; granting #26 Motion for Michael J. Ableson to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
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Filing 26
MOTION for Michael J. Ableson to Appear Pro Hac Vice (Filing fee $125, receipt number AKYWDC-3579225) by Respondents Rite Aid Corporation, Rite Aid Hdqtrs. Corp. (Attachments: #1 Proposed Order) (Skolnick, Cory)
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Filing 25
MOTION for Troy S. Brown to Appear Pro Hac Vice (Filing fee $125, receipt number AKYWDC-3579219) by Respondents Rite Aid Corporation, Rite Aid Hdqtrs. Corp. (Attachments: #1 Proposed Order) (Skolnick, Cory)
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Filing 24
MOTION for Michael E. Kenneally to Appear Pro Hac Vice (Filing fee $125, receipt number AKYWDC-3579210) by Respondents Rite Aid Corporation, Rite Aid Hdqtrs. Corp. (Attachments: #1 Proposed Order) (Skolnick, Cory)
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Filing 23
MOTION for David B. Salmons to Appear Pro Hac Vice (Filing fee $125, receipt number AKYWDC-3579200) by Respondents Rite Aid Corporation, Rite Aid Hdqtrs. Corp. (Attachments: #1 Proposed Order) (Skolnick, Cory)
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Filing 22
MOTION for Margot G. Bloom to Appear Pro Hac Vice (Filing fee $125, receipt number AKYWDC-3579188) by Respondents Rite Aid Corporation, Rite Aid Hdqtrs. Corp. (Attachments: #1 Proposed Order) (Skolnick, Cory)
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Filing 21
RESPONSE to Motion re #13 MOTION for Extension of Time to File Response/Reply filed by Humana Health Plan, Inc., Humana Insurance Company, Humana Pharmacy Solutions, Inc. (Abate, Michael)
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Filing 20
RESPONSE to Motion re #18 MOTION for service by US Marshal re #1 Complaint filed by Rite Aid Corporation, Rite Aid Hdqtrs. Corp. (Skolnick, Cory)
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Filing 19
TEXT ORDER by Judge David J. Hale on 5/5/2022; Pursuant to 28 U.S.C. 636(b)(1)(A), this matter is hereby referred to U.S. Magistrate Judge Colin H. Lindsay, for resolution of all litigation planning issues, entry of scheduling orders, consideration of amendments thereto, and resolution of all non-dispositive matters, including discovery issues. Judge Lindsay is further authorized to conduct a settlement conference in this matter at any time. Judge Lindsay shall conduct a status conference by close of business on May 10, 2022. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc:counsel (NWT) Modified on 5/5/2022 to remove text (NWT).
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Filing 18
MOTION for service by US Marshal re #1 Complaint by Petitioners Humana Health Plan, Inc., Humana Insurance Company, Humana Pharmacy Solutions, Inc. (Attachments: #1 Exhibit Affidavits of Service, #2 Proposed Order) (Abate, Michael)
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Filing 17
TEXT ORDER Signed by Judge David J. Hale on 5/4/2022 granting #9 Motion for Keith Harrison to Appear Pro Hac Vice; granting #10 Motion for Kelly Hibbert to Appear Pro Hac Vice; granting #11 Motion for Preston Pugh to Appear Pro Hac Vice; granting #12 Motion for Michael Pine to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
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Filing 16
ATTACHMENT(s) (Exhibits A and B) re #13 Motion for Extension of Time to File Response/Reply by Rite Aid Corporation, Rite Aid Hdqtrs. Corp. (Skolnick, Cory)
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Filing 15
Corporate Disclosure Statement Identifying Corporate Parent Rite Aid Corporation by Rite Aid Hdqtrs. Corp. (Skolnick, Cory) Modified on 5/5/2022 to add Corporate Parent (DLW).
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Filing 14
Corporate Disclosure Statement by Rite Aid Corporation. (Skolnick, Cory)
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Filing 13
MOTION for Extension of Time to File Response/Reply by Respondents Rite Aid Corporation, Rite Aid Hdqtrs. Corp. (Attachments: #1 Proposed Order) (Skolnick, Cory)
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Filing 12
MOTION for Michael Pine to Appear Pro Hac Vice (Filing fee $125, receipt number BKYWDC-3573033) by Petitioners Humana Health Plan, Inc., Humana Insurance Company, Humana Pharmacy Solutions, Inc. (Abate, Michael) (Additional attachment(s) added on 5/3/2022: #1 Certificate of Good Standing, #2 Proposed Order) (DLW).
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Filing 11
MOTION for Preston Pugh to Appear Pro Hac Vice (Filing fee $125, receipt number AKYWDC-3572013) by Petitioners Humana Health Plan, Inc., Humana Insurance Company, Humana Pharmacy Solutions, Inc. (Attachments: #1 Certificate of Good Standing) (Adams, William) (Additional attachment(s) added on 4/28/2022: #2 Proposed Order) (DLW).
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Filing 10
MOTION for Kelly Hibbert to Appear Pro Hac Vice (Filing fee $125, receipt number AKYWDC-3572006) by Petitioners Humana Health Plan, Inc., Humana Insurance Company, Humana Pharmacy Solutions, Inc. (Attachments: #1 Certificate of Good Standing) (Adams, William) (Additional attachment(s) added on 4/28/2022: #2 Proposed Order) (DLW).
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Filing 9
MOTION for Keith Harrison to Appear Pro Hac Vice (Filing fee $125, receipt number AKYWDC-3571981) by Petitioners Humana Health Plan, Inc., Humana Insurance Company, Humana Pharmacy Solutions, Inc. (Attachments: #1 Certificate of Good Standing) (Adams, William) (Additional attachment(s) added on 4/28/2022: #2 Proposed Order) (DLW).
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Filing 8
TEXT ORDER Signed by Judge David J. Hale on 4/27/2022 granting #7 Motion for Justin D. Kingsolver to Appear Pro Hac Vice. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached. cc: Counsel(NWT)
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Filing 7
MOTION for Justin D. Kingsolver to Appear Pro Hac Vice (Filing fee $125, receipt number AKYWDC-3569869) by Petitioners Humana Health Plan, Inc., Humana Insurance Company, Humana Pharmacy Solutions, Inc. (Abate, Michael) (Additional attachment(s) added on 4/26/2022: #1 Proposed Order, #2 Certificate of Good Standing) (DLW).
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Filing 6
Corporate Disclosure Statement identifying Corporate Parent Humana Inc. for Humana Health Plan, Inc., Humana Insurance Company, and Humana Pharmacy Solutions, Inc. (MNM)
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Filing 5
Summons Issued as to Rite Aid Corporation and Rite Aid Hdqtrs. Corp. Counsel for Plaintiff is responsible for serving the attached issued summons(es). (MNM)
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Filing 4
SEALED DOCUMENTS re #3 Motion for Leave to Seal Documents. (Attachments: #1 Exhibit C, #2 Exhibit D) by Humana Health Plan, Inc., Humana Insurance Company, and Humana Pharmacy Solutions, Inc. (MNM)
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Filing 3
MOTION for Leave to File Documents Under Seal by Petitioners Humana Health Plan, Inc., Humana Insurance Company, and Humana Pharmacy Solutions, Inc. (Attachments: #1 Proposed Order) (MNM)
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Filing 2
Case Assignment (Random Selection): Case Assigned to Judge David J. Hale. (MNM)
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Filing 1
PETITION TO CONFIRM ARBITRATION AWARD against Rite Aid Corporation and Rite Aid Hdqtrs. Corp. Filing fee $402, receipt number L33070302, filed by Humana Insurance Company, Humana Health Plan, Inc., and Humana Pharmacy Solutions, Inc. (Attachments: #1 Exhibit A - Award, #2 Exhibit B - Arbitrator's Decision, #3 Exhibit C - to be filed under seal, #4 Exhibit D - to be filed under seal, #5 Exhibit E - Notice of Appointment of Arbitrator, #6 Proposed Order Judgment and Order) (MNM)
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