Miller Pharmacy Services L L C v. AmerisourceBergen Drug Corp
| Miller Pharmacy Services L L C doing business as Prescription Shoppe Pharmacy |
| AmerisourceBergen Drug Corp |
| 3:2021cv00207 |
| January 25, 2021 |
| US District Court for the Western District of Louisiana |
| Terry A Doughty |
| Karen L Hayes |
| Kayla D McClusky |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 25, 2021. A more recent docket listing may be available from PACER.
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| Filing 50 REPLY to Response to Motion re #37 MOTION for Reconsideration re #30 Order on Motion for Preliminary Injunction filed by Miller Pharmacy Services L L C. (Attachments: #1 Exhibit 1 - Declaration of Josh Miller)(aty,Lundin, Thomas) |
| Filing 49 Supplemental EXHIBIT 11 re 35 MOTION for Preliminary Injunction by Miller Pharmacy Services L L C. (Attachments: #1 Exhibit 12)(crt,Crawford, A) |
Filing 48
ORDER granting #45 Motion for Leave to Supplement Pleadings. Signed by Judge Terry A Doughty on 3/23/2021. (crt,Crawford, A)
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| Filing 47 RESPONSE to Motion re #37 MOTION for Reconsideration re #30 Order on Motion for Preliminary Injunction , #45 MOTION to Amend/Correct filed by AmerisourceBergen Drug Corp. (aty,James, Gordon) |
| Filing 46 MINUTE ENTRY: Defendant's response to #45 MOTION for Leave to Supplement Pleadings is due by 3/25/2021. Movant may file a reply within three days thereafter. Signed by Judge Terry A Doughty on 3/18/2021. (crt,Crawford, A) |
| Filing 45 MOTION to Amend/Correct to Supplement Pleading And Record Concerning Motion for Reconsideration filed by Miller Pharmacy Services L L C regarding #44 Notice of Deficiency, #43 Notice (Other). (Attachments: #1 Exhibit 1 - Declaration of Allen Joseph Herbert, M.D., #2 Exhibit 2 - Declaration of Tiffany Shepherd Baum, PharmD, #3 Exhibit 3 - Declaration of Anthony J. Calamunci, #4 Proposed order)(aty,Lundin, Thomas) Modified event to more accurately describe document filed on 3/17/2021 (Bunting, M). |
| Set/Reset Deadlines as to #45 MOTION to Amend/Correct. Motion Ripe Deadline set for 3/17/2021. (crt,Bunting, M) |
| Filing 44 NOTICE of Deficiency to Thomas Charles Lundin, Jr on behalf of Miller Pharmacy Services L L C regarding #43 Notice (Other),. Reason: Leave of court is required for the filing of this supplemental pleading. Please refer to Fed.R.Civ.P. 15(d) regarding supplemental pleadings for additional information. (crt,Bunting, M) |
| Filing 43 DOCUMENT RESUBMITTED IN ITS ENTIRETY - SUPPLEMENTAL MEMORANDUM filed as a NOTICE of Additional Evidence by Miller Pharmacy Services L L C re 35 Amended Complaint, #37 MOTION for Reconsideration re #30 Order on Motion for Preliminary Injunction (Attachments: #1 Exhibit Exhibit 1 - Declaration of Allen Joseph Herbert, M.D., #2 Exhibit Exhibit 2 - Declaration of Tiffany Shepherd Baum, PharmD)(aty,Lundin, Thomas) Modified to reflect deficient status on 3/16/2021 (Bunting, M). Modified to reflect resubmitted on 3/17/2021 (Bunting, M). See #45 . |
| Filing 42 MINUTE ENTRY: Defendant's Response to 35 MOTION for Preliminary Injunction due by 3/22/2021. Movant may file a reply seven days thereafter. Signed by Judge Terry A Doughty on 3/2/2021. (crt,Crawford, A) |
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Filing 41
MEMORANDUM ORDER denying 35 Motion for TRO; deferring ruling on 35 Motion for Preliminary Injunction. Signed by Judge Terry A Doughty on 3/1/2021. (crt,Crawford, A)
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| Filing 40 SEALED DOCUMENT: Exhibits 1&2 re 35 First Amended Complaint. (Attachments: #1 Exhibit 2)(crt,Leday, A) |
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Filing 39
ORDER granting #36 Motion to Seal Attached Document. Signed by Magistrate Judge Kayla D McClusky on 3/1/2021. (crt,Leday, A)
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| Filing 38 NOTICE of Motion Setting regarding: #37 MOTION for Reconsideration re #30 Order on Motion for Preliminary Injunction . Motions referred to Judge Terry A Doughty. Responses due by 3/22/2021 (crt,Bunting, M) |
| Filing 35 MOTION for Preliminary Injunction by Miller Pharmacy Services L L C. Motion Ripe Deadline set for 3/1/2021. (crt,Bunting, M) ADMINISTRATIVE ENTRY - this Motion requested in First Amended Complaint. Modified to add document number on 3/1/2021 (Bunting, M). |
| Motions Transferred regarding 35 MOTION for Temporary Restraining Order. Motions referred to Judge Terry A Doughty. (crt,Bunting, M) |
| Filing 35 MOTION for Temporary Restraining Order by Miller Pharmacy Services L L C. Motion Ripe Deadline set for 2/26/2021. (crt,Bunting, M) ADMINISTRATIVE ENTRY - this Motion requested in First Amended Complaint. Modified to add document number on 3/1/2021 (Bunting, M). |
| Filing 37 MOTION for Reconsideration re #30 Order on Motion for Preliminary Injunction by Miller Pharmacy Services L L C. Motions referred to Kayla D McClusky. (Attachments: #1 Memorandum / Brief)(aty,Lundin, Thomas) |
| Filing 36 MOTION to Seal Attached Document by Miller Pharmacy Services L L C. Motions referred to Kayla D McClusky. Motion Ripe Deadline set for 2/26/2021. (Attachments: #1 Text of proposed order, #2 Exhibit First Amended Complaint Exhibit 1 - For Filing Under Seal, #3 Exhibit First Amended Complaint Exhibit 2 - For Filing Under Seal)(aty,Lundin, Thomas) |
| Filing 35 FIRST AMENDED COMPLAINT against AmerisourceBergen Drug Corp with Jury Demand filed by Miller Pharmacy Services L L C. (Attachments: #1 Exhibit 1 - Public Version, #2 Exhibit 2 - Public Version, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(aty,Lundin, Thomas) |
| Filing 34 ELECTRONIC MINUTE ENTRY issued by the Clerk. Case reassigned to Magistrate Judge Kayla D McClusky. Magistrate Judge Karen L Hayes no longer assigned to case. Any pending motions and deadlines or hearings previously set before Magistrate Judge Hayes are hereby reset before Magistrate Judge McClusky. All future filings should bear the name of the new judge assignment. Signed by Chief Judge S Maurice Hicks, Jr on 2/23/2021. (crt,Crawford, A) |
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Filing 33
ELECTRONIC ORDER mooting #31 Motion for Extension of Time to Answer re #1 Complaint, responsive pleadings not due until March 29, 2021, which is after the deadline sought by the motion. Signed by Magistrate Judge Karen L Hayes on 2/16/2021. (jud,Hayes, Karen)
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| Filing 32 WAIVER OF SERVICE Returned Executed by Miller Pharmacy Services L L C. AmerisourceBergen Drug Corp waiver sent on 1/26/2021, answer due 3/29/2021. (aty,Calamunci, Anthony) |
| Filing 31 MOTION for Extension of Time to File Answer re #1 Complaint,, with consent by AmerisourceBergen Drug Corp. Motions referred to Karen L Hayes. Motion Ripe Deadline set for 2/12/2021. (Attachments: #1 Proposed order)(aty,James, Gordon) |
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Filing 30
MEMORANDUM ORDER dissolving #10 Temporary Restraining Order; denying #3 Motion for Preliminary Injunction; and upsetting the 2/8/21 evidentiary hearing. Signed by Judge Terry A Doughty on 2/5/2021. (crt,Crawford, A)
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| Filing 29 WITNESS LIST by Miller Pharmacy Services L L C. Motion Ripe Deadline set for 2/5/2021. (aty,Calamunci, Anthony) Modified docket text to more accurately describe document filed on 2/5/2021 (Bunting, M). |
| Filing 28 EXHIBIT LIST by Miller Pharmacy Services L L C. Motion Ripe Deadline set for 2/5/2021. (aty,Calamunci, Anthony) Modified docket text to more accurately describe document filed on 2/5/2021 (Bunting, M). |
| Filing 27 REPLY to Response to Motion re #3 MOTION for Temporary Restraining Order And Injunctive Relief MOTION for Preliminary Injunction filed by Miller Pharmacy Services L L C. (Attachments: #1 Exhibit 1 - Declaration)(aty,Calamunci, Anthony) |
| Filing 26 WITNESS LIST by AmerisourceBergen Drug Corp. Motion Ripe Deadline set for 2/5/2021. (aty,James, Gordon) Modified docket text to more accurately describe document filed on 2/5/2021 (Bunting, M). |
| Filing 25 EXHIBIT LIST by AmerisourceBergen Drug Corp. Motion Ripe Deadline set for 2/5/2021. (aty,James, Gordon) Modified docket to more accurately describe document filed on 2/5/2021 (Bunting, M). |
| Filing 24 MINUTES for proceedings held before Judge Terry A Doughty: STATUS CONFERENCE held on 2/3/2021. An evidentiary hearing on #3 Motion for Preliminary Injunction is set for 2/8/2021 09:00 AM in by video conference before Judge Terry A Doughty. (crt,Crawford, A) Modified on 2/5/2021 to correct text (Crawford, A). |
| Filing 23 SEALED DOCUMENT: Unredacted version of Memorandum in Opposition to #3 Motion for Restraining Order by AmerisourceBergen Drug Corp. See #19 Memorandum for redacted version. (Attachments: #1 SEALED Declaration of Duane Stickles, #2 SEALED Exhibit A, #3 SEALED Exhibit B, #4 SEALED Exhibit G)(crt,Crawford, A) |
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Filing 22
ORDER granting #20 Motion to Seal Attached Documents. Signed by Judge Terry A Doughty on 2/3/2021. (crt,Crawford, A)
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| Filing 21 EXHIBIT re #19 Memorandum in Opposition to Motion, Exhibit H by AmerisourceBergen Drug Corp. (Attachments: #1 Exhibit I, #2 Exhibit J, #3 Exhibit K, #4 Exhibit L)(aty,James, Gordon) |
| Filing 20 MOTION to Seal Attached Document by AmerisourceBergen Drug Corp. Motions referred to Karen L Hayes. Motion Ripe Deadline set for 2/2/2021. (Attachments: #1 Proposed order, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(aty,James, Gordon) |
| Filing 19 REDACTED MEMORANDUM in Opposition re #3 MOTION for Temporary Restraining Order And Injunctive Relief filed by AmerisourceBergen Drug Corp. (Attachments: #1 Affidavit Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G)(aty,James, Gordon) Modified on 2/3/2021 to indicate document is redacted (Crawford, A). |
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Filing 18
ORDER granting #15 Motion to Appear Pro Hac Vice for appearance of Joseph J Mahady for AmerisourceBergen Drug Corp. Signed by Magistrate Judge Karen L Hayes on 2/2/2021. (crt,Leday, A)
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Filing 17
ORDER granting #14 Motion to Appear Pro Hac Vice for appearance of Shannon McClure for AmerisourceBergen Drug Corp. Signed by Magistrate Judge Karen L Hayes on 2/2/2021. (crt,Leday, A)
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Filing 16
ORDER granting #13 Motion to Appear Pro Hac Vice for appearance of Abigail Pierce for AmerisourceBergen Drug Corp. Signed by Magistrate Judge Karen L Hayes on 2/2/2021. (crt,Leday, A)
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| Motions Transferred regarding #20 MOTION to Seal Attached Document . Motions referred to Judge Terry A Doughty. (crt,Bunting, M) |
| Filing 15 MOTION for Joseph H. Mahady to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4556363) by AmerisourceBergen Drug Corp. Motions referred to Karen L Hayes. Motion Ripe Deadline set for 2/1/2021. (Attachments: #1 Certificate of good standing)(aty,James, Gordon) |
| Filing 14 MOTION for Shannon McCLure to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4556336) by AmerisourceBergen Drug Corp. Motions referred to Karen L Hayes. Motion Ripe Deadline set for 2/1/2021. (Attachments: #1 Certificate of good standing)(aty,James, Gordon) |
| Filing 13 MOTION for Abigail Margaret Pierce, Esq. to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4556283) by AmerisourceBergen Drug Corp. Motions referred to Karen L Hayes. Motion Ripe Deadline set for 2/1/2021. (Attachments: #1 Certificate of good standing)(Attorney Gordon Lee James added to party AmerisourceBergen Drug Corp(pty:dft))(aty,James, Gordon) |
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Filing 12
ORDER granting #11 Motion to Appear Pro Hac Vice for appearance of Anthony J Calamunci for Miller Pharmacy Services L L C. Signed by Magistrate Judge Karen L Hayes on 1/28/2021. (crt,Leday, A)
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| Filing 11 MOTION for Anthony Calamunci to Appear Pro Hac Vice (Admission fee: $105, receipt number ALAWDC-4551515) by Miller Pharmacy Services L L C. Motions referred to Karen L Hayes. Motion Ripe Deadline set for 1/27/2021. (Attachments: #1 Proposed order, #2 Certificate of good standing)(aty,Lundin, Thomas) |
| RECEIVED Registry Funds on behalf of Miller Pharmacy Services L L C in the amount of $5000.00, receipt number 34635003953, which have been deposited into the registry of this Court. (crt,Miletello, A) |
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Filing 10
MEMORANDUM ORDER granting #3 Motion for TRO, upon Prescription Shoppe furnishing security in the amount of $5,000. A telephone status conference is set for February 3, 2021 at 11:00 a.m. Call-in information will be furnished by email. Signed by Judge Terry A Doughty on 1/26/2021. (crt,Crawford, A)
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| Filing 9 SEALED DOCUMENT: Exhibits 1&2 re #1 Complaint. (Attachments: #1 Exhibit 2)(crt,Leday, A) |
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Filing 8
ORDER granting #4 Motion to Seal Attached Document. Signed by Magistrate Judge Karen L Hayes on 1/26/2021. (crt,Leday, A)
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| Set/Reset Hearings: Telephone Status Conference set for 2/3/2021 at 11:00 AM before Judge Terry A Doughty. (crt,Crawford, A) |
| REMARK: Security Bond in the amount $5000 received this date. (crt,Crawford, A) |
| Filing 7 CORPORATE DISCLOSURE STATEMENT by Miller Pharmacy Services L L C. (aty,Lundin, Thomas) |
| Filing 6 NOTICE of Corporate Disclosure Statement Requirement re: #1 Complaint, sent to Thomas Charles Lundin, Jr on behalf of Miller Pharmacy Services L L C. Corporate Disclosure Statement due by 2/8/2021. (crt,Bunting, M) |
| Filing 5 SUMMONS ISSUED as to AmerisourceBergen Drug Corp. (crt,Bunting, M) |
| Filing 4 MOTION to Seal Attached Document to Seal Exhibits 1 and 2 to Verified Complaint by Miller Pharmacy Services L L C. Motion Ripe Deadline set for 1/25/2021. (Attachments: #1 Proposed order, #2 Proposed exhibit, #3 Proposed exhibit)(aty,Lundin, Thomas) |
| Filing 3 MOTION for Temporary Restraining Order And Injunctive Relief by Miller Pharmacy Services L L C . Motion Ripe Deadline set for 1/25/2021. (Attachments: #1 Memorandum / Brief, #2 Affidavit Declaration of Anthony Calamunci (LR 65.1), #3 Proposed order)(aty,Lundin, Thomas) Modified docket text on 1/25/2021 (Bunting, M). Added MOTION for Preliminary Injunction on 2/5/2021 (Bunting, M). |
| Filing 2 DEMAND for Trial by Jury by Miller Pharmacy Services, LLC d/b/a Prescription Shoppe Pharmacy. (aty,Lundin, Thomas) |
| Filing 1 COMPLAINT against AmerisourceBergen Drug Corp with Jury Demand (Filing fee $402, receipt number ALAWDC-4548947) filed by Miller Pharmacy Services L L C. (Attachments: #1 Exhibit 1 - Public Version, #2 Exhibit 2 - Public Version, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Civil cover sheet)(Attorney Thomas Charles Lundin, Jr added to party Miller Pharmacy Services L L C(pty:pla))(aty,Lundin, Thomas) Modified docket text on 1/25/2021 (Bunting, M). |
| Motions Transferred regarding #3 MOTION for Temporary Restraining Order And Injunctive Relief. Motions referred to Judge Terry A Doughty. (crt,Bunting, M) |
| Judge Terry A Doughty and Magistrate Judge Karen L Hayes added. Motions referred to Magistrate Judge Karen L Hayes. (crt,Bunting, M) |
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