The State of Mississippi, Ex Rel. Lynn Fitch Attorney General v. Eli Lilly and Company et al
| The State of Mississippi, Ex Rel. Lynn Fitch Attorney General |
| Evernorth Health, Inc., Eli Lilly and Company, Novo Nordisk Inc., Sanofi-Aventis U.S. LLC, Express Scripts Holding Company, Express Scripts, Inc., Express Scripts Administrators, LLC, ESI Mail Pharmacy Services, Inc., Express Scripts Pharmacy, Inc., CVS Health Corporation, CVS Pharmacy, Inc., Caremark RX, L.L.C., Caremark PCS Health, L.L.C., Caremark, L.L.C., Unitedhealth Group, Inc., Optum, Inc. and Optumrx Inc. |
| 3:2021cv00674 |
| October 21, 2021 |
| US District Court for the Southern District of Mississippi |
| Kristi H Johnson |
| Michael T Parker |
| Other Statutory Actions |
| 28 U.S.C. § 1442 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 9, 2022. A more recent docket listing may be available from PACER.
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Filing 51
ORDER granting #50 Motion for Extension of Time to File Response/Reply. Responses due by 1/18/2022. Replies due by 1/25/2022. Signed by District Judge Kristi H. Johnson on 12/16/21. (SCD)
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Filing 50
MOTION for Extension of Time to File Response/Reply To Motions To Dismiss by The State of Mississippi, Ex Rel. Lynn Fitch Attorney General (Liston, William)
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Filing 49
ORDER STAYING DISCOVERY AND DISCLOSURE REQUIREMENTS. Signed by Magistrate Judge Michael T. Parker on December 15, 2021. (AS)
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Filing 48
DEMAND for Trial by Jury by The State of Mississippi, Ex Rel. Lynn Fitch Attorney General (Liston, William)
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Filing 47
Corporate Disclosure Statement by Optum, Inc., Optumrx Inc., Unitedhealth Group, Inc. (Campbell, Roy)
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Filing 46
NOTICE of Appearance by Sarah Katherine Embry on behalf of CVS Health Corporation, CVS Pharmacy, Inc., Caremark PCS Health, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C. (Embry, Sarah)
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TEXT ONLY ORDER granting #29 Motion to Appear Pro Hac Vice; granting #31 Motion to Appear Pro Hac Vice; granting #32 Motion to Appear Pro Hac Vice; granting #33 Motion to Appear Pro Hac Vice; granting #34 Motion to Appear Pro Hac Vice. William Coglianese, Andrew A. Kassof, James F. Hurst, Diana M. Watral, and Ryan J. Moorman are hereby admitted pro hac vice upon registering for electronic filing. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on December 13, 2021 (KPM)
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Filing 45
MEMORANDUM in Support re #44 MOTION to Dismiss (PBM Defendants' Motion to Dismiss Second Amended Complaint for Failure to State A Claim Upon Which Relief Can Be Granted) filed by CVS Health Corporation, CVS Pharmacy, Inc., Caremark PCS Health, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C., ESI Mail Pharmacy Services, Inc., Evernorth Health, Inc., Express Scripts Administrators, LLC, Express Scripts Pharmacy, Inc., Express Scripts, Inc., Optum, Inc., Optumrx Inc., Unitedhealth Group, Inc. (Campbell, Roy)
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Filing 44
MOTION to Dismiss (PBM Defendants' Motion to Dismiss Second Amended Complaint for Failure to State A Claim Upon Which Relief Can Be Granted) by CVS Health Corporation, CVS Pharmacy, Inc., Caremark PCS Health, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C., ESI Mail Pharmacy Services, Inc., Evernorth Health, Inc., Express Scripts Administrators, LLC, Express Scripts Pharmacy, Inc., Express Scripts, Inc., Optum, Inc., Optumrx Inc., Unitedhealth Group, Inc. (Campbell, Roy)
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Filing 43
MEMORANDUM in Support re #42 MOTION to Dismiss for Lack of Jurisdiction (Rule 12(b)(2) Motion to Dismiss the Second Amended Complaint for Lack of Personal Jurisdiction) filed by Optum, Inc., Optumrx Inc., Unitedhealth Group, Inc. (Campbell, Roy)
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Filing 42
MOTION to Dismiss for Lack of Jurisdiction (Rule 12(b)(2) Motion to Dismiss the Second Amended Complaint for Lack of Personal Jurisdiction) by Optum, Inc., Optumrx Inc., Unitedhealth Group, Inc. (Campbell, Roy)
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Filing 41
MOTION to Dismiss by Eli Lilly and Company, Novo Nordisk Inc., Sanofi-Aventis U.S. LLC (Gibbs, Robert)
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Filing 40
Corporate Disclosure Statement by Eli Lilly and Company (Gibbs, Robert)
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Filing 39
MEMORANDUM IN SUPPORT re #41 MOTION to Dismiss filed by Eli Lilly and Company, Novo Nordisk Inc., Sanofi-Aventis U.S. LLC (Gibbs, Robert) Modified on 12/13/2021 (KNS).
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Filing 38
***ERROR***DISREGARD THIS ENTRY*** MOTION to Dismiss by Eli Lilly and Company, Novo Nordisk Inc., Sanofi-Aventis U.S. LLC (Gibbs, Robert) Modified on 12/13/2021 (KNS).
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Filing 37
***ERROR***DISREGARD THIS ENTRY*** MOTION to Dismiss by Eli Lilly and Company (Gibbs, Robert) Modified on 12/10/2021 (KNS).
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Filing 36
MEMORANDUM in Support re #35 MOTION to Dismiss for Lack of Personal Jurisdiction Under Fed. R. Civ. P. 12(b)(2) filed by Eli Lilly and Company, Novo Nordisk Inc., Sanofi-Aventis U.S. LLC (Beckett, P.)
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Filing 35
MOTION to Dismiss for Lack of Personal Jurisdiction Under Fed. R. Civ. P. 12(b)(2) by Eli Lilly and Company, Novo Nordisk Inc., Sanofi-Aventis U.S. LLC (Beckett, P.)
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Filing 34
MOTION for Ryan J. Moorman to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4723968) by Eli Lilly and Company (Attachments: #1 Exhibit Certificate of Good Standing)(Gibbs, Robert)
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Filing 33
MOTION for Diana M. Watral to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4723957) by Eli Lilly and Company (Attachments: #1 Exhibit Certificate of Good Standing)(Gibbs, Robert)
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Filing 32
MOTION for James F. Hurst to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4723947) by Eli Lilly and Company (Attachments: #1 Exhibit Certificate of Good Standing)(Gibbs, Robert)
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Filing 31
MOTION for Andrew A. Kassof to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4723937) by Eli Lilly and Company (Attachments: #1 Exhibit A - Certificate of Good Standing)(Gibbs, Robert)
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DOCKET ANNOTATION as to #s #37 and #38 : Attorney advises that there is an error in this entry, and it should be disregarded. It has been correctly refiled as Doc. #41 . (KNS) Modified on 12/13/2021 (KNS).
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Filing 30
NOTICE of Appearance by Robert L. Gibbs on behalf of Eli Lilly and Company (Gibbs, Robert)
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Filing 29
MOTION for William Coglianese to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4722528) by Sanofi-Aventis U.S. LLC (Attachments: #1 Exhibit 1 - Certificates of Good Standing)(Kaufman, R.)
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Filing 28
NOTICE of Appearance by P. Ryan Beckett on behalf of Novo Nordisk Inc. (Beckett, P.)
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Filing 27
NOTICE of Appearance by Phillip S. Sykes on behalf of Novo Nordisk Inc. (Sykes, Phillip)
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Filing 26
ORDER granting #25 Motion for Withdrawal of Attorney. Signed by Magistrate Judge Michael T. Parker on December 3, 2021. (AS)
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Filing 25
MOTION to Withdraw as Attorney Kathy K. Smith by CVS Health Corporation, CVS Pharmacy, Inc., Caremark PCS Health, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C. (Mayo, J.)
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Filing 24
NOTICE of Appearance by Shirlethia V. Franklin on behalf of Sanofi-Aventis U.S. LLC (Franklin, Shirlethia)
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TEXT ONLY ORDER granting #20 Motion to Appear Pro Hac Vice; granting #21 Motion to Appear Pro Hac Vice; granting #22 Motion to Appear Pro Hac Vice; granting #23 Motion to Appear Pro Hac Vice. Andrew Yaphe, James P. Rouhandeh, Neal A. Potischman, and David B. Toscana are hereby admitted pro hac vice upon registering for electronic filing. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on November 18, 2021 (KPM)
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Filing 23
MOTION for David B. Toscano to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4708414) by Novo Nordisk Inc. (Attachments: #1 Certificate of Good Standing - District of Columbia, #2 Certificate of Good Standing - New York)(Morris, Christopher)
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Filing 22
MOTION for Neal A. Potischman to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4708405) by Novo Nordisk Inc. (Attachments: #1 Certificate of Good Standing - California, #2 Certificate of Good Standing - New York)(Morris, Christopher)
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Filing 21
MOTION for James P. Rouhandeh to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4708395) by Novo Nordisk Inc. (Attachments: #1 Certificate of Good Standing - New York)(Morris, Christopher)
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Filing 20
MOTION for Andrew Yaphe to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4708390) by Novo Nordisk Inc. (Attachments: #1 Certificate of Good Standing - California)(Morris, Christopher)
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Filing 19
MOTION to Extend to Answer or Otherwise Respond Deadline Unopposed Motion to Extend Deadline to Answer or Otherwise Respond, MOTION for Extension of Time to File Answer by CVS Health Corporation, CVS Pharmacy, Inc., Caremark PCS Health, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C., Eli Lilly and Company, Evernorth Health, Inc., Express Scripts Administrators, LLC, Novo Nordisk Inc., Optum, Inc., Optumrx Inc., Sanofi-Aventis U.S. LLC, Unitedhealth Group, Inc. (Rippee, Stephanie)
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TEXT ONLY ORDER granting in part and denying in part #19 MOTION to Extend Deadline to Answer or Otherwise Respond. Movants are hereby granted additional time to answer. Said answers are due on or before 12/10/21. All other relief requested in the motion is hereby denied. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on November 10, 2021 (KPM)
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Filing 18
Corporate Disclosure Statement by Novo Nordisk Inc. identifying Corporate Parent Novo Nordisk A/S, Other Affiliate Novo Nordisk US Holdings, Inc., Other Affiliate Novo Nordisk US Commercial Holdings, Inc. for Novo Nordisk Inc.. (Morris, Christopher)
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Filing 17
Joinder in Document by CVS Health Corporation, CVS Pharmacy, Inc., Caremark PCS Health, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C. to #16 State Court Record, filed by Express Scripts, Inc., ESI Mail Pharmacy Services, Inc., Express Scripts Pharmacy, Inc. (Smith, Katherine)
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Filing 16
State Court Record by Defendants ESI Mail Pharmacy Services, Inc., Express Scripts Pharmacy, Inc., Express Scripts, Inc. Volumes 7 (Attachments: #1 Attachment State Court Docket Report, #2 Attachment Complaint, #3 Attachment First Amended Complaint, #4 Attachment Summonses, #5 Attachment Second Amended Complaint, #6 Attachment Notices of Appearance and Summonses, #7 Attachment Notice of Filing of Notice of Removal (with Exhibits))(Rippee, Stephanie)
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Filing 15
MOTION for Jason R. Scherr to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4694117) by ESI Mail Pharmacy Services, Inc., Evernorth Health, Inc., Express Scripts Administrators, LLC, Express Scripts Pharmacy, Inc., Express Scripts, Inc. (Attachments: #1 Attachment DC Bar Certificate of Good Standing, #2 Attachment Additional Clients)(Rippee, Stephanie)
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Filing 14
MOTION for Patrick A. Harvey to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-4694051) by ESI Mail Pharmacy Services, Inc., Evernorth Health, Inc., Express Scripts Administrators, LLC, Express Scripts Pharmacy, Inc., Express Scripts, Inc. (Attachments: #1 Attachment DC Bar Certificate of Good Standing, #2 Attachment Additional Clients)(Rippee, Stephanie)
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TEXT ONLY ORDER granting #14 Motion to Appear Pro Hac Vice; granting #15 Motion to Appear Pro Hac Vice. Patrick A. Harvey and Jason R. Scherr are hereby admitted pro hac vice upon registering for electronic filing. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on October 29, 2021 (KPM)
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Filing 13
Corporate Disclosure Statement by Sanofi-Aventis U.S. LLC identifying Corporate Parent Sanofi for Sanofi-Aventis U.S. LLC. (McDowell, Martin)
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Filing 12
NOTICE of Appearance by Breanna F.G. Young on behalf of CVS Health Corporation, CVS Pharmacy, Inc., Caremark PCS Health, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C. (Young, Breanna)
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Filing 11
NOTICE of Appearance by Katherine K. Smith on behalf of CVS Health Corporation, CVS Pharmacy, Inc., Caremark PCS Health, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C. (Smith, Katherine)
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Filing 10
NOTICE of Appearance by J. Cal Mayo, Jr on behalf of CVS Health Corporation, CVS Pharmacy, Inc., Caremark PCS Health, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C. (Mayo, J.)
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Filing 9
Corporate Disclosure Statement by Caremark PCS Health, L.L.C. (Mayo, J.)
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Filing 8
NOTICE Supplemental Notice of Removal by Caremark PCS Health, L.L.C. re #1 Notice of Removal,,,, (Attachments: #1 Exhibit A - Exhibit)(Mayo, J.)
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Filing 7
Unopposed MOTION for Extension of Time to File Answer by CVS Health Corporation, CVS Pharmacy, Inc., Caremark PCS Health, L.L.C., Caremark RX, L.L.C., Caremark, L.L.C., Eli Lilly and Company, Evernorth Health, Inc., Express Scripts Administrators, LLC, Novo Nordisk Inc., Optum, Inc., Optumrx Inc., Sanofi-Aventis U.S. LLC, Unitedhealth Group, Inc. (Kaufman, R.)
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Filing 6
NOTICE of Appearance by Martin Patrick McDowell on behalf of Sanofi-Aventis U.S. LLC (McDowell, Martin)
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Filing 5
NOTICE of Appearance by R. David Kaufman on behalf of Sanofi-Aventis U.S. LLC (Kaufman, R.)
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TEXT ONLY ORDER granting #7 Unopposed Motion for Extension of Time to Answer r. CVS Health Corporation answer due 11/11/2021; CVS Pharmacy, Inc. answer due 11/11/2021; Caremark PCS Health, L.L.C. answer due 11/11/2021; Caremark RX, L.L.C. answer due 11/11/2021; Caremark, L.L.C. answer due 11/11/2021; Eli Lilly and Company answer due 11/11/2021; Evernorth Health, Inc. answer due 11/11/2021; Express Scripts Administrators, LLC answer due 11/11/2021; Novo Nordisk Inc. answer due 11/11/2021; Optum, Inc. answer due 11/11/2021; Optumrx Inc. answer due 11/11/2021; Sanofi-Aventis U.S. LLC answer due 11/11/2021; Unitedhealth Group, Inc. answer due 11/11/2021. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on October 27, 2021 (KPM)
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Filing 4
NOTICE of Appearance by Christopher D. Morris on behalf of Novo Nordisk Inc. (Morris, Christopher)
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Filing 3
Corporate Disclosure Statement by ESI Mail Pharmacy Services, Inc., Express Scripts Pharmacy, Inc., Express Scripts, Inc. identifying Corporate Parent CIGNA Corporation for ESI Mail Pharmacy Services, Inc., Express Scripts Pharmacy, Inc., Express Scripts, Inc.. (Rippee, Stephanie)
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Filing 2
ANSWER to Complaint Answer to Second Amended Complaint by ESI Mail Pharmacy Services, Inc., Express Scripts Pharmacy, Inc., Express Scripts, Inc..(Rippee, Stephanie)
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Filing 1
NOTICE OF REMOVAL by ESI Mail Pharmacy Services, Inc., Express Scripts Pharmacy, Inc., Express Scripts, Inc. from Hinds County Chancery Court, case number 25CH1:21-cv-00738. ( Filing fee $ 402 receipt number AMSSDC-4687868) If the complete state court record is not attached as an Exhibit to the Petition for Removal, pursuant to Rule L.U.Civ.R. 5(b): within 14 days removing party must electronically file the entire state court record as a single filing; and all parties shall, within fourteen days after the Case Management Conference, file as separate docket items any unresolved motions that were filed in state court which they wish to advance. (Attachments: #1 Exhibit A - Department of Defense Contract, Part 1, #2 Exhibit A - Department of Defense Contract, Part 2, #3 Exhibit A - Department of Defense Contract, Part 3, #4 Exhibit A - Department of Defense Contract, Part 4, #5 Exhibit B - Second Amended Complaint, #6 Civil Cover Sheet)(KNS)
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