Alternative Medicine and Pharmacy, Inc. v. Express Scripts, Inc. et al
| Alternative Medicine and Pharmacy, Inc. doing business as Omniplus Pharmacy |
| Express Scripts, Inc. and Medco Health Services, Inc. |
| Alternative Medicine and Pharmacy, Inc. |
| 4:2014cv01469 |
| August 25, 2014 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Within US but Outside District |
| Catherine D Perry |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on August 10, 2016. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 241 SATISFACTION OF COSTS by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 240 Bill of Costs Taxed in the amount of $ 13,042.82 against Plaintiff (KMS) |
Filing 239
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that motion for bill of costs #236 is granted in part only as follows: the Clerk of the Court shall tax costs against plaintiff and in favor of defendants in the amount of $13,042.82. In all other respects, the motion for bill of costs is denied. Signed by District Judge Catherine D. Perry on 6/23/2016. (KMS)
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| Filing 238 REPLY to Response to Motion re #236 MOTION for Bill of Costs filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 237 OBJECTION to #236 Bill of Costs Memorandum in Opposition to Defendants' Proposed Bill of Costs filed by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 236 MOTION for Bill of Costs by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Declaration of Kyle P. Seelbach)(Seelbach, Kyle) |
| Filing 235 TRANSCRIPT of #225 (JURY TRIAL-DAY FIVE) held on 4/8/16 before Judge Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/29/2016. Redacted Transcript Deadline set for 5/9/2016. Release of Transcript Restriction set for 7/7/2016. (EAB) |
| Filing 234 CLERK'S JUDGMENT IN A CIVIL CASE. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict. IT IS HEREBY ORDERED AND ADJUDGED that: On the claim of plaintiff Alternative Medicine and Pharmacy, Inc., d/b/a Omniplus Pharmacy against defendants Express Scripts, Inc. and Medco Health Services, Inc., the jury finds for the defendants Express Scripts, Inc. and Medco Health Services, Inc. The plaintiff shall recover nothing, the action is dismissed on the merits, and defendants Express Scripts, Inc. and Medco Health Services, Inc. shall recover taxable costs from plaintiff Alternative Medicine and Pharmacy, Inc., d/b/a Omniplus Pharmacy. (CBL) |
| Filing 233 Exhibit Receipt signed by Plaintiff Alternative Medicine and Pharmacy, Inc., Defendants Express Scripts, Inc., Medco Health Services, Inc. as to Jury Trial held April 4 through April 8, 2016. (CBL) |
| Filing 232 Deposition Designations by Plaintiff Alternative Medicine and Pharmacy, Inc., Defendants Express Scripts, Inc., Medco Health Services, Inc. as to Jury Trial held April 4 through April 8, 2016. (CBL) |
| Filing 231 Jury Instructions refused as to Jury Trial held April 4 through April 8, 2016.(CBL) |
| Filing 230 Jury Instructions filed as to Jury Trial held April 4 through April 8, 2016. (CBL) |
| Filing 229 Jury Notes Filed as to Jury Trial held April 4 through April 8, 2016. (CBL) |
| Filing 228 JURY VERDICT For: Defendants Express Scripts, Inc. and Medco Health Services, Inc. Against: Plaintiff Alternative Medicine and Pharmacy, Inc. d/b/a Omniplus Pharmacy as to Jury Trial held April 4 through April 8, 2016. (CBL) |
| Filing 227 CLERK'S EXHIBIT LIST as to Jury Trial held April 4 through April 8, 2016.(CBL) |
| Filing 226 CLERK'S WITNESS LIST as to Jury Trial held April 4 through April 8, 2016.(CBL) |
| Filing 225 Minute Entry for proceedings held before District Judge Catherine D. Perry: Jury Trial completed on 4/8/2016. Day Five. Additional Jury Instruction Conference held outside the presence of the jury from 8:35 9:10 a.m. Closing Arguments of Counsel made. Jury is charged and retires to consider its verdict at 10:26 a.m. Verdict returned at 11:53 a.m. The Jury is polled on motion of Plaintiff. Verdict is unanimous. Judgment is entered accordingly this date. (Court Reporter:G. Madden.) (FTR Gold: No.) (CBL) |
| Filing 224 TRANSCRIPT of #223 (JURY TRIAL-DAY FOUR) held on April 7, 2016 before Honorable Catherine D. Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/28/2016. Redacted Transcript Deadline set for 5/9/2016. Release of Transcript Restriction set for 7/6/2016. (CBL) |
| Filing 223 Minute Entry for proceedings held before District Judge Catherine D. Perry: Jury Trial resumed but not concluded 4/7/2016 ; Day Four. Defendant's evidence is continued and concluded. No Rebuttal Evidence is Presented. Jury Instruction Conference held outside the presence of the jury from 5:00 p.m. 6:45 p.m. Proceedings to continue on April 8, 2016 at 9:00 a.m. (Court Reporter:G. Madden.) (FTR Gold: No.) (CBL) |
| Filing 222 TRANSCRIPT of #219 (JURY TRIAL-DAY THREE) held on April 6, 2016 before Honorable Catherine D. Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/27/2016. Redacted Transcript Deadline set for 5/9/2016. Release of Transcript Restriction set for 7/5/2016. (CBL) |
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Filing 221
Docket Text ORDER: Re: #220 MOTION for Judgment as a Matter of Law at Close of Plaintiff's Case by Defendants Express Scripts, Inc., Medco Health Services, Inc. ORDERED: GRANTED in part and DENIED in part as stated on the record. Signed by District Judge Catherine D. Perry on 4/6/2016. (CBL)
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| Filing 220 MOTION for Judgment as a Matter of Law at Close of Plaintiff's Case by Defendants Express Scripts, Inc., Medco Health Services, Inc. (CBL) |
| Filing 219 Minute Entry for proceedings held before District Judge Catherine D. Perry: Jury Trial resumed but not concluded 4/6/2016. Day Three. Plaintiff's evidence is continued and concluded. Defendants submit Motion for Judgment as a Matter of Law at close of Plaintiff's case. Motion is argued. Motion is granted in part and denied in part as stated on the record. Defendants' evidence is commenced but not concluded. Proceedings to continue on April 7, 2016 at 9:00 a.m. (Court Reporter:G. Madden.) (FTR Gold: No.) (CBL) |
| Filing 218 TRANSCRIPT of #217 (JURY TRIAL - DAY TWO) held on April 5, 2016 before Honorable Catherine D. Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/26/2016. Redacted Transcript Deadline set for 5/6/2016. Release of Transcript Restriction set for 7/5/2016. (CBL) |
| Filing 217 Minute Entry for proceedings held before District Judge Catherine D. Perry: Jury Trial resumed but not concluded 4/5/2016. Day Two. Plaintiff's evidence is continued but not concluded. Proceedings to continue on April 6, 2016 at 9:00 a.m. (Court Reporter:G. Madden.) (FTR Gold: No.) (CBL) |
| Filing 216 TRANSCRIPT of #215 (JURY TRIAL- DAY ONE) held on April 4, 2016 before Honorable Catherine D. Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/25/2016. Redacted Transcript Deadline set for 5/5/2016. Release of Transcript Restriction set for 7/5/2016. (CBL) |
| Filing 215 Minute Entry for proceedings held before District Judge Catherine D. Perry: Jury Trial held on 4/4/2016 ; Day One. Pretrial 4/4/16 Outside the presence of the jury: 1. Plaintiff's #211 Stipulated Order Governing the Use and Disclosure of Confidential Information and Protected Health Information at Trial is Denied. 2. Plaintiff's Objection to Defendants' Slide to be used at Opening is Sustained in part. 3. Defendants' #213 Motion and Supporting Memorandum to Exclude Evidence of Defendants' Profits, Revenues, And/Or Net Worth As Irrelevant And Unduly Prejudicial is Denied. Jury impaneled and sworn. Opening Statements of Plaintiff and Defendants made. Plaintiff's evidence is commenced but not concluded. Proceedings to continue on April 5, 2016 at 9:00 a.m. (Court Reporter:G. Madden.) (FTR Gold: No.) (CBL) |
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Filing 214
ORDER re #213 MOTION in Limine /Trial Motion and Supporting Memorandum to Exclude Evidence of Defendants' Profits, Revenues, And/Or Net Worth As Irrelevant And Unduly Prejudicial filed by Express Scripts, Inc., Medco Health Services, Inc. ORDERED: DENIED. Signed by District Judge Catherine D. Perry on 4/4/2016. (CBL)
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| Filing 213 MOTION in Limine /Trial Motion and Supporting Memorandum to Exclude Evidence of Defendants' Profits, Revenues, And/Or Net Worth As Irrelevant And Unduly Prejudicial by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit A)(Seelbach, Kyle) |
| Filing 212 Exhibit List (Stipulated Trial Exhibits) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 211 STIPULATION [Proposed Order] Stipulated Order Governing the Use and Disclosure of Confidential Information and Protected Health Information at Trial by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 210 TRANSCRIPT of #209 (PRETRIAL CONFERENCE) held on March 25, 2016 before Honorable Catherine D. Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/20/2016. Redacted Transcript Deadline set for 5/2/2016. Release of Transcript Restriction set for 6/28/2016. (CBL) |
| Filing 209 Minute Entry for proceedings held before District Judge Catherine D. Perry: Final Pretrial Conference held on 3/25/2016. Motions in limine argued. Motions are ruled on the record as follows: Plaintiff's #167 to exclude hearsay evidence - member statements is Denied. Defendants' #170 and #198 to Preclude testimony regarding Texas addendum as it relates to termination without cause and notice provisions are Denied in part and Granted in part. Defendants' #195 re: Damages Claims is Granted in part and Denied in part. Defendants' #196 regarding termination of other pharmacies is Granted. Defendants' #197 regarding Plaintiff's Updated Expert Report is Granted. Plaintiff's #200 regarding Irrelevant and Inadmissible Evidence is Granted in part and Denied in part. Agreed list of exhibits to be submitted to the Court no later than Friday, April 1, 2016. Trial remains set for Monday April 4, 2016 at 8:30 a.m. (Court Reporter:G. Madden.) (FTR Gold: No.) (CBL) |
| Filing 208 ENTRY of Appearance by David A. Castleman for Plaintiff Alternative Medicine and Pharmacy, Inc. (CBL) |
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Filing 207
Docket Text ORDER: Because defendant has filed #197 MOTION in Limine And Memorandum in Support To Exclude Plaintiff's "Updated" Expert Report And The Newly Disclosed Information Underlying It, IT IS HEREBY ORDERED that DEFENDANTS must, no later than 4:30 p.m. TODAY, provide courtesy copies to the court of all Trial Exhibits mentioned in that motion. Signed by District Judge Catherine D. Perry on 3/24/16. (CDP)
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| Filing 206 OBJECTION to Pretrial (Objections and Counter-Designations to Deposition Designations of Plaintiff) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 205 Proposed Jury Instructions by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 204 OBJECTION to Pretrial (Objections to Plaintiff's Exhibit List) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 203 OBJECTION to Pretrial (Objections to Defendants' Exhibit List) by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 202 OBJECTION to Pretrial (Objections and Counter-Designations to Deposition, Interrogatory, and Request for Admission Answer Designations of Defendants) by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 201 MEMORANDUM in Support of Motion re #200 MOTION in Limine to Exclude Irrelevant and Otherwise Inadmissible Evidence filed by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 200 MOTION in Limine to Exclude Irrelevant and Otherwise Inadmissible Evidence by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 199 Proposed Jury Instructions by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 198 MOTION in Limine And Supporting Memorandum To Exclude Testimony Or Argument That Texas Law Or The Texas Regulatory Addnedum To Participating Provider Agreement Prohibits Termination Without Cause by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 197 MOTION in Limine And Memorandum in Support To Exclude Plaintiff's "Updated" Expert Report And The Newly Disclosed Information Underlying It by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Seelbach, Kyle) |
| Filing 196 MOTION in Limine And Memorandum In Support To Exclude Evidence And Argument Relating To The Termination Of Other Pharmacies From Their Pharmacy Provider Networks by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 195 MOTION in Limine and Supporting Memorandum to Exclude All Evidence Relating to Non-Pleaded and Speculative Damages Claims by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit A)(Seelbach, Kyle) |
| Filing 194 REPLY to Response to Motion re #167 MOTION in Limine to Exclude Hearsay Evidence filed by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 193 REPLY to Response to Motion re #170 MOTION in Limine and Supporting Memorandum of Law, To Exclude, As Irrelevant, Evidence Relating To Sections 5.1 And 5.2 Of The Texas Regulatory Addendum To Participating Provider Agreement filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit A)(Seelbach, Kyle) |
| Filing 192 RESPONSE to Motion re #170 MOTION in Limine and Supporting Memorandum of Law, To Exclude, As Irrelevant, Evidence Relating To Sections 5.1 And 5.2 Of The Texas Regulatory Addendum To Participating Provider Agreement filed by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
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Filing 191
ORDER. Because the final pretrial hearing in this matter has been set for Friday, March 25, 2016 at 10:30 a.m., IT IS HEREBY ORDERED that all pretrial materials previously ordered to be filed ten days before trial (objections, motions in limine, additional jury instructions) must be filed no later than 12 noon on Thursday, March 24, 2016. Signed by District Judge Catherine D. Perry on 3/18/2016. (CBL)
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| Filing 190 Exhibit List by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 189 Proposed Jury Instructions by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 188 WITNESS LIST by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 187 Deposition Designations by Defendants Express Scripts, Inc., Medco Health Services, Inc... (Seelbach, Kyle) |
| Filing 186 TRIAL BRIEF by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 185 Exhibit List by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 184 Proposed Jury Instructions by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 183 Joint Stipulated Summary of Case by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) Modified on 3/16/2016 (EAB). |
| Filing 182 Joint Stipulation of Uncontested Facts by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) Modified on 3/16/2016 (EAB). |
| Filing 181 Request for Admissions List by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 180 WITNESS LIST by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 179 Deposition Designations by Plaintiff Alternative Medicine and Pharmacy, Inc... (King, Douglas) |
| Filing 178 TRIAL BRIEF by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
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Filing 177
Docket Text ORDER: Re: [173, 174, 175] MOTIONS for Leave to Appear Pro Hac Vice Eric C. Lyttle, Sylvia Simson, Jacob J. Waldman ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 3/15/16. (CDP)
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| Filing 176 RESPONSE in Opposition re #167 MOTION in Limine to Exclude Hearsay Evidence filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 175 MOTION for Leave to Appear Pro Hac Vice Jacob J. Waldman. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5308954) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Certificate of Good Standing)(Waldman, Jacob) |
| Filing 174 MOTION for Leave to Appear Pro Hac Vice Sylvia Simson. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5308903) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Certificate of Good Standing)(Simson, Sylvia) |
| Filing 173 MOTION for Leave to Appear Pro Hac Vice Eric C. Lyttle. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5308818) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Certificate of Good Standing)(Lyttle, Eric) |
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Filing 172
ORDER. IT IS HEREBY ORDERED that a final pretrial hearing in this case is reset from March 28, 2016 to Friday, March 25, 2016 at 10:30 a.m. in Courtroom 14-South, to consider all matters that need to be resolved before trial. Signed by District Judge Catherine D. Perry on 3/14/2016. (CBL)
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Filing 171
ORDER. IT IS HEREBY ORDERED that a final pretrial hearing will be held in this case on Monday, March 28, 2016 at 9:00 a.m. in Courtroom 14-South, to consider all matters that need to be resolved before trial. Signed by District Judge Catherine D. Perry on 3/14/2016. (CBL)
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| Filing 170 MOTION in Limine and Supporting Memorandum of Law, To Exclude, As Irrelevant, Evidence Relating To Sections 5.1 And 5.2 Of The Texas Regulatory Addendum To Participating Provider Agreement by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit A)(Seelbach, Kyle) |
| Filing 169 MEMORANDUM in Support of Motion re #167 MOTION in Limine to Exclude Hearsay Evidence filed by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 168 SEALED DOCUMENT re #167 MOTION in Limine to Exclude Hearsay Evidence (Ex. A - Member Statements) by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 167 MOTION in Limine to Exclude Hearsay Evidence by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
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Filing 166
MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that defendants' motion for reconsideration #164 is denied. Signed by District Judge Catherine D. Perry on 3/3/16. (EAB)
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| Filing 165 MEMORANDUM in Support of Motion re #164 MOTION for Reconsideration re #161 Memorandum & Order,, filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 164 MOTION to Certify and for Reconsideration of re #161 Memorandum & Order,, by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) Modified on 2/29/2016 (EAB). |
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Filing 163
Docket Text ORDER: Re: #162 MOTION for Leave to Appear Pro Hac Vice Michael J. Lyle filed by Express Scripts, Inc., Medco Health Services, Inc. ; ORDERED: GRANTED. Signed by District Judge Catherine D. Perry on 2/22/2016. (CBL)
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| Filing 162 MOTION for Leave to Appear Pro Hac Vice Michael J. Lyle. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5272572) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Certificate of Good Standing)(Lyle, Michael) |
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Filing 161
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendants' motion for summary judgment on the merits of plaintiff's claims #110 is granted only with respect to Count II of the complaint, and in all other respects is denied. IT IS FURTHER ORDERED that plaintiff's motion for summary judgment on defendants counterclaim #118 is granted, and the counterclaim is dismissed with prejudice. IT IS FURTHER ORDERED that defendants' motions for summary judgment on its counterclaim #100 and for plaintiff's failure to show damages #115 are denied. Signed by District Judge Catherine D. Perry on February 8, 2016. (MCB)
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| Filing 160 RESPONSE to Plaintiff's STATEMENT of Material Facts re #115 MOTION for Summary Judgment Based on Plaintiff's Failure to Show Damages (Defendants' Response to Plaintiff's Statement of Additional Facts [Doc. 144 at 4-7] Regarding Defendants' Motion for Summary Judgment Based on Plaintiff's Failure to Show Damages) filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) Modified on 1/22/2016 (EAB). |
| Filing 159 REPLY to Response to Motion re #115 MOTION for Summary Judgment Based on Plaintiff's Failure to Show Damages filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Appendix A)(Seelbach, Kyle) |
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Filing 158
Docket Text ORDER: Re: #154 MOTION for Leave to File in Excess of Page Limitation by Defendants Express Scripts, Inc., Medco Health Services, Inc. and #152 MOTION for Leave to File in Excess of Page Limitation by Plaintiff Alternative Medicine and Pharmacy, Inc. ORDERED: LEAVE GRANTED. Signed by District Judge Catherine D. Perry on 1/20/2016. (CBL)
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| Filing 157 RESPONSE to Plaintiff's STATEMENT of Material Facts re #110 MOTION for Summary Judgment on the Merits of Plaintiff's Claims (Defendants' Response to Plaintiff's Statement of Additional Facts [Doc. 135 at 16-19] Regarding Defendants' Motion for Summary Judgment on The Merits of Plaintiff's Claims) filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) Modified on 1/22/2016 (EAB). |
| Filing 156 REPLY to Response to Motion re #110 MOTION for Summary Judgment on the Merits of Plaintiff's Claims filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Appendix A, #2 Appendix B)(Seelbach, Kyle) |
| Filing 155 RESPONSE to Statement of Material Facts re #137 Statement of Material Facts, (counterclaim) filed by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (Attachments: #1 Exhibit 1-Rule 30(B)(6) Deposition of Alternatve Medicine & Pharmacy,Inc., #2 Exhibit 2-Plaintiff's Responses and Objections to Defendants' Second Set of Requests for Production)(King, Douglas) |
| Filing 154 MOTION for Leave to File in Excess of Page Limitation by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 153 REPLY to Response to Motion re #118 MOTION for Summary Judgment on Defendants' Counterclaim filed by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 152 MOTION for Leave to File in Excess of Page Limitation (Reply Memorandum in Support of Motion for Summary Judgment on Defendants' Breach of Contract Counterclaim) by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 151 AMENDED REPLY to Counterclaim filed by Counter Defendant Alternative Medicine and Pharmacy, Inc. (EAB) |
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Filing 150
Docket Text ORDER: Re: #147 MOTION for Leave to File Amended Reply to Counterclaim ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 1/15/16. (CDP)
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| Filing 149 RESPONSE to Statement of Material Facts re #100 MOTION for Summary Judgment on Breach of Contract Counterclaim (Defendants' Response to Plaintiff's Statement of Additional Facts [Doc. 128 at 9-14] Regarding Defendants' Motion for Summary Judgment on Their Counterclaim) filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) Modified on 1/15/2016 (EAB). |
| Filing 148 REPLY to Response to Motion re #100 MOTION for Summary Judgment on Breach of Contract Counterclaim filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 147 MOTION for Leave to File Amended Reply to Counterclaim by Plaintiff Alternative Medicine and Pharmacy, Inc.. (Attachments: #1 Attachment)(King, Douglas) |
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Filing 146
Docket Text ORDER: Re: #142 MOTION for Leave to File in Excess of Page Limitation and #141 Joint MOTION for Extension of Time to File Briefs Currently Due on Saturday, January 16, 2016. ORDERED: BOTH GRANTED. Reply Briefs due January 19, 2016. Signed by District Judge Catherine D. Perry on 1/12/2016. (CBL)
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| Filing 145 SEALED DOCUMENT re #144 Response to Statement of Material Facts, (Exhibits 3 and 5) by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (Attachments: #1 Exhibit 5-Excerpt of Deposition of Bonnie Roberts)(King, Douglas) |
| Filing 144 RESPONSE to Statement of Material Facts re #117 Statement of Material Facts, (on the issue of Damages) filed by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (Attachments: #1 Exhibit 1-Excerpt of September 25, 2014 Hearing, #2 Exhibit 2-Excerpt of Deposition of John Gavin, #3 Exhibit 4-Declaration of Leonard Carr, #4 Exhibit 6-Excerpt of Deposition of Christopher Volz)(King, Douglas) |
| Filing 143 MEMORANDUM in Opposition re #115 MOTION for Summary Judgment Based on Plaintiff's Failure to Show Damages filed by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 142 MOTION for Leave to File in Excess of Page Limitation (Memorandum in Opposition to Defendants' Motion for Summary Judgment on the Issue of Damages) by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 141 Joint MOTION for Extension of Time to File Response/Reply Briefs Currently Due on Saturday, January 16, 2016 by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
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Filing 140
Docket Text ORDER: Re: [131,133, 138] MOTIONS for Leave to File ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 1/7/16. (CDP)
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| Filing 139 SEALED DOCUMENT re #137 Statement of Material Facts, #138 MOTION for Leave to File Sealed Document (Exs. 1-3 of Ex. A (Declaration of John Gavin) and Ex. D to #137 ) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit 1 to Declaration of John Gavin, #2 Exhibit 2 to Declaration of John Gavin, #3 Exhibit 3 to Declaration of John Gavin, #4 Exhibit D)(Seelbach, Kyle) |
| Filing 138 MOTION for Leave to File Sealed Document (Exs. 1-3 of Ex. A (Declaration of John Gavin) and Ex. D to #137 ) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 137 STATEMENT of Material Facts re #118 MOTION for Summary Judgment on Defendants' Counterclaim (Defendants' Response to [118-1] and Counterstatement of Uncontraverted Material Facts) filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit E, #5 Exhibit F)(Seelbach, Kyle) |
| Filing 136 SEALED DOCUMENT re #135 Response to Statement of Material Facts, (Exhibit 3 Excerpt of Deposition of Bruno) by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) (Attorney confirmed that document was e-mailed to plaintiff's counsel)(EAB). |
| Filing 135 RESPONSE to Statement of Material Facts re #112 Statement of Material Facts, on the Merits filed by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (Attachments: #1 Exhibit 1- Excerpt of Deposition of Milosevic, #2 Exhibit 2-Excerpt of 30(b)(6) Deposition, #3 Exhibit 4-Excerpt of Deposition of Gavin)(King, Douglas) |
| Filing 134 MEMORANDUM in Opposition re #118 MOTION for Summary Judgment on Defendants' Counterclaim filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 133 MOTION for Leave to File in Excess of Page Limitation by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 132 MEMORANDUM in Opposition re #110 MOTION for Summary Judgment on the Merits of Plaintiff's Claims filed by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (Attachments: #1 Appendix Texas Attorney General Letter)(King, Douglas) |
| Filing 131 MOTION for Leave to File in Excess of Page Limitation Memorandum in Opposition to Defendants' Motion for Summary Judgment on the Merits of Plaintiff's Claims by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
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Filing 130
Docket Text ORDER: Re: #129 Consent MOTION for Extension of Time to File Response/Reply as to #115 MOTION for Summary Judgment Based on Plaintiff's Failure to Show Damages ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 1/6/16. (CDP)
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| Filing 129 Consent MOTION for Extension of Time to File Response/Reply as to #115 MOTION for Summary Judgment Based on Plaintiff's Failure to Show Damages by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 128 RESPONSE to Statement of Material Facts re #102 Statement of Material Facts, filed by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (Attachments: #1 Exhibit 1-Defendants' Supplemental Responses to Plaintiff's Third Interrogatories)(King, Douglas) |
| Filing 127 MEMORANDUM in Opposition re #100 MOTION for Summary Judgment on Breach of Contract Counterclaim filed by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
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Filing 126
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that plaintiff's motion to compel #98 is granted, and defendants must answer the interrogatory subparts and produce the documents within ten (10) days of today's date. Signed by District Judge Catherine D. Perry on 12/16/15. (EAB)
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| Filing 125 REPLY to Response to Motion re #98 MOTION to Compel Discovery filed by Plaintiff Alternative Medicine and Pharmacy, Inc.. (Leach, Erin) |
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Filing 124
Docket Text ORDER: Re: MOTIONS for Leave #103 , #121 . ORDERED: LEAVE GRANTED. Signed by District Judge Catherine D. Perry on 12/8/2015. (CBL)
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| Filing 123 REPLY to #78 Counterclaim by Plaintiff, Counter Defendant Alternative Medicine and Pharmacy, Inc. (CBL) |
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Filing 122
Docket Text ORDER: Re: MOTIONS for Leave #106 , #108 , #109 and #113 . ORDERED: LEAVE GRANTED. Signed by District Judge Catherine D. Perry on 12/8/2015. (CBL)
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| Filing 121 MOTION for Leave to File in Excess of Page Limitation for Its Memorandum in Support of Summary Judgment by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 120 MEMORANDUM in Support of Motion re #118 MOTION for Summary Judgment on Defendants' Counterclaim filed by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (Attachments: #1 Appendix PBM Briefing Book)(King, Douglas) |
| Filing 119 SEALED DOCUMENT re #118 MOTION for Summary Judgment on Defendants' Counterclaim by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 118 MOTION for Summary Judgment on Defendants' Counterclaim by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (Attachments: #1 Attachment Plaintiff's Statement of Uncontroverted Material Facts, #2 Exhibit A-Declaration of Scott Breimeister, #3 Exhibit B-Excerpts Deposition of Michael Klein, #4 Exhibit C-Plaintiff's Answers to Defendants Second Interrogatories, #5 Exhibit D-Excerpts from OmniPlus's 30(b)(6) Deposition, #6 Exhibit E-Defendants' Answers to Plaintiff's Second Interrogatories, #7 Exhibit F-Excerpts from Deposition of Bonnie Roberts)(King, Douglas) |
| Filing 117 STATEMENT of Material Facts re #115 MOTION for Summary Judgment Based on Plaintiff's Failure to Show Damages filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Seelbach, Kyle) |
| Filing 116 MEMORANDUM in Support of Motion re #115 MOTION for Summary Judgment Based on Plaintiff's Failure to Show Damages filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 115 MOTION for Summary Judgment Based on Plaintiff's Failure to Show Damages by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 114 SEALED DOCUMENT re #112 Statement of Material Facts, #113 MOTION for Leave to File Sealed Document (Ex. C to [Doc. 112] Statement of Material Facts by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 113 MOTION for Leave to File Sealed Document (Ex. C to [Doc. 112] Statement of Material Facts by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 112 STATEMENT of Material Facts re #110 MOTION for Summary Judgment on the Merits of Plaintiff's Claims filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Seelbach, Kyle) |
| Filing 111 MEMORANDUM in Support of Motion re #110 MOTION for Summary Judgment on the Merits of Plaintiff's Claims, #109 MOTION for Leave to File in Excess of Page Limitation filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 110 MOTION for Summary Judgment on the Merits of Plaintiff's Claims by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 109 MOTION for Leave to File in Excess of Page Limitation by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 108 MOTION for Leave to File Reply Out of Time by Plaintiff Alternative Medicine and Pharmacy, Inc.. (Attachments: #1 Exhibit)(King, Douglas) |
| Filing 107 SEALED DOCUMENT re #106 MOTION for Leave to File Sealed Document (Exhibit C to #105 Memorandum in Opposition re #98 Motion to Compel Discovery), #105 Memorandum in Opposition to Motion by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 106 MOTION for Leave to File Sealed Document (Exhibit C to #105 Memorandum in Opposition re #98 Motion to Compel Discovery) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 105 MEMORANDUM in Opposition re #98 MOTION to Compel Discovery filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Seelbach, Kyle) |
| Filing 104 SEALED DOCUMENT re #100 MOTION for Summary Judgment on Breach of Contract Counterclaim, #103 MOTION for Leave to File Sealed Document (Exhibits 1 through 5 to Ex. A Declaration of John Gavin [102-1], #101 Memorandum in Support of Motion, #102 Statement of Material Facts, by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit 1 to Gavin Declaration, #2 Exhibit 2 to Gavin Declaration, #3 Exhibit 3 to Gavin Declaration, #4 Exhibit 4 to Gavin Declaration, #5 Exhibit 5 to Gavin Declaration)(Seelbach, Kyle) |
| Filing 103 MOTION for Leave to File Sealed Document (Exhibits 1 through 5 to Ex. A Declaration of John Gavin [102-1] by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 102 STATEMENT of Material Facts re #100 MOTION for Summary Judgment on Breach of Contract Counterclaim filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Seelbach, Kyle) |
| Filing 101 MEMORANDUM in Support of Motion re #100 MOTION for Summary Judgment on Breach of Contract Counterclaim filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 100 MOTION for Summary Judgment on Breach of Contract Counterclaim by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 99 MEMORANDUM in Support of Motion re #98 MOTION to Compel Discovery filed by Plaintiff Alternative Medicine and Pharmacy, Inc.. (Attachments: #1 Interrogatory Answers, #2 Request for Production Answers)(Leach, Erin) |
| Filing 98 MOTION to Compel Discovery by Plaintiff Alternative Medicine and Pharmacy, Inc.. (Leach, Erin) |
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Filing 97
MEMORANDUM AND ORDER. Having carefully considered plaintiff's motion to compel, it must be denied in all respects as defendants' "true motive" in breaching the contract is not relevant to plaintiff's claims. Contrary to plaintiff's argument, this is not a discrimination case and pretext is not an element of plaintiff's case. Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to compel #92 is denied. IT IS FURTHER ORDERED that plaintiff's motion for leave to file under seal #95 is granted. Signed by District Judge Catherine D. Perry on 9/22/2015. (CBL)
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| Filing 96 REPLY MEMORANDUM in Support of Motion (SEALED) re #92 MOTION to Compel Discovery, filed by Plaintiff Alternative Medicine and Pharmacy, Inc. (King, Douglas) Modified on 9/21/2015. (Attorney confirmed service of document to opposing counsel via US Mail.) (CBL). |
| Filing 95 MOTION for Leave to File Under Seal by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) Modified on 9/22/2015 (CBL). |
| Filing 94 MEMORANDUM in Opposition re #92 MOTION to Compel Discovery filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Seelbach, Kyle) |
| Filing 93 MEMORANDUM in Support of Motion re #92 MOTION to Compel Discovery filed by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (Leach, Erin) |
| Filing 92 MOTION to Compel Discovery by Plaintiff Alternative Medicine and Pharmacy, Inc., Counter Defendant Alternative Medicine and Pharmacy, Inc.. (Leach, Erin) |
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Filing 91
ORDER. IT IS HEREBY ORDERED that defendants' motion to compel [#85 ] is denied in all respects, except as follows: plaintiff shall produce the information and documents which it acknowledges should be produced in conjunction with its damages expert report in accordance with the provisions of the case management order. (See Full Order.) Signed by District Judge Catherine D. Perry on 8/3/2015. (CBL)
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| Filing 90 MEMORANDUM in Opposition re #85 MOTION to Compel Discovery filed by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
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Filing 89
Docket Text ORDER: Re: #87 MOTION for Leave to File Sealed Document (Ex. E to [Doc. 85]) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) filed by Express Scripts, Inc., Medco Health Services, Inc. ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 7/16/15. (CDP)
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| Filing 88 SEALED DOCUMENT re #85 MOTION to Compel Discovery, #86 Memorandum in Support of Motion, by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 87 MOTION for Leave to File Sealed Document (Ex. E to [Doc. 85]) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 86 MEMORANDUM in Support of Motion re #85 MOTION to Compel Discovery filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit F, #6 Exhibit G)(Seelbach, Kyle) |
| Filing 85 MOTION to Compel Discovery by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
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Filing 84
MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that plaintiff's motion to dismiss #80 is denied. Signed by District Judge Catherine D. Perry on 07/06/2015. (CBL)
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| Filing 83 Reply MEMORANDUM in Support of Motion re #80 MOTION to Dismiss :Counterclaim for Failure to State a Claim Reply Memorandum filed by Plaintiff Alternative Medicine and Pharmacy, Inc.. (Attachments: #1 Exhibit)(King, Douglas) |
| Filing 82 MEMORANDUM in Opposition re #80 MOTION to Dismiss :Counterclaim for Failure to State a Claim filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 81 MEMORANDUM in Support of Motion re #80 MOTION to Dismiss :Counterclaim for Failure to State a Claim filed by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 80 MOTION to Dismiss :Counterclaim for Failure to State a Claim by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 79 DEMAND for Trial by Jury by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 78 AMENDED ANSWER to #1 Complaint,, COUNTERCLAIM against plaintiff Alternative Medicine and Pharmacy, Inc. by Medco Health Services, Inc., Express Scripts, Inc..(MCB) |
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Filing 77
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendants' motion for leave to amend [#74] is granted, and defendants amended answer and counterclaim are deemed filed as of this date. Signed by District Judge Catherine D. Perry on May 14, 2015. (MCB)
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| Filing 76 RESPONSE to Motion re #74 MOTION for Leave to Amend filed by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 75 MEMORANDUM in Support of Motion re #74 MOTION for Leave to Amend filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 74 MOTION for Leave to Amend by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Seelbach, Kyle) |
| Filing 73 TRANSCRIPT of #54 (MOTION HEARING - Motion for Preliminary Injunction) held on September 25, 2014 before Honorable Catherine D. Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/2/2015. Redacted Transcript Deadline set for 4/13/2015. Release of Transcript Restriction set for 6/10/2015. (CBL) |
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Filing 72
Docket Text ORDER: Re: #71 MOTION for Extension of Time to File Response to Discovery ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 3/11/15. (CDP)
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| Filing 71 MOTION for Extension of Time to File Response/Reply to Discovery by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 70 ENTRY of Appearance by Erin Michelle Leach for Plaintiff Alternative Medicine and Pharmacy, Inc.. (Leach, Erin) |
| Filing 69 ENTRY of Appearance by Jason Husgen for Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Husgen, Jason) |
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Filing 68
CASE MANAGEMENT ORDER This case is assigned to Track: 2. Motion to Join Parties due by 5/4/2015. Discovery Completion due by 11/16/2015. Non-Dispositive Motions due by 11/23/2015. Dispositive Motions due by 12/7/2015. Jury Trial set for 4/4/2016 08:30 AM in Courtroom 14S before District Judge Catherine D. Perry. This is a two week docket. Pretrial Compliance due by 3/15/2016. Motion in Limine due by 3/25/2016. Signed by District Judge Catherine D. Perry on February 6, 2015. (MCB)
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Filing 67
STIPULATED PROTECTIVE ORDER. Signed by District Judge Catherine D. Perry on 2/6/15. (EAB)
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Filing 66
STIPULATED Federal Rule of Evidence 502(d) ORDER. Signed by District Judge Catherine D. Perry on 2/6/15. (EAB)
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| Filing 65 JOINT SCHEDULING PLAN by Plaintiff Alternative Medicine and Pharmacy, Inc.. Joint Proposed Scheduling Plan. (Attachments: #1 Exhibit, #2 Exhibit)(King, Douglas) |
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Filing 64
RULE 16 ORDER - This case is assigned to Track: 2 (standard) Joint Scheduling Plan due by 1/30/2015. Rule 16 Conference set for 2/6/2015 at 10:00 AM in Chambers before District Judge Catherine D. Perry. Signed by District Judge Catherine D. Perry on 12/30/14. (EAB)
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| Filing 63 ADR COMPLIANCE REPORT by Neutral: Winters, Bradley. Date of Conference: December 4, 2014. The parties participated in good faith. The parties did not achieve a settlement.(Winters, Bradley) |
| Filing 62 NOTICE of Appointment of Neutral. Neutral name: Winters, Bradley Neutral selected by Parties (copy emailed to neutral)(LSD) |
| Filing 61 Designation of Neutral by parties and ADR Conference Report by Plaintiff Alternative Medicine and Pharmacy, Inc. Neutral: Winters, Bradley Date of Conference: 12/4/14 time: 9:00 a.m. Location: 190 Carondelet Plaza, Suite 1100, Clayton, MO(King, Douglas) |
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Filing 60
ORDER REFERRING CASE to Alternative Dispute Resolution. This case is referred to: Mediation. Designation of Lead Counsel: Douglas W. King. ADR Completion Deadline due by 12/7/2014. ADR Compliance Report Deadline due by 12/21/2014. Designation of Neutral due by 10/27/2014. ADR Conference Report Schedule due by 10/27/2014. Signed by District Judge Catherine D. Perry on October 7, 2014. (MCB)
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Filing 59
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion for preliminary injunction [#16] is denied. IT IS FURTHER ORDERED that defendants' motion for leave to file a supplemental brief [#57] is denied. This case will be referred to mediation by separate Order and will be set for a Rule 16 Scheduling Conference, if necessary, only after mediation is completed. Signed by District Judge Catherine D. Perry on October 7, 2014. (MCB)
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| Filing 58 SUPPLEMENTAL Trial Brief in Opposition to Plaintiff's Motion for a Preliminary Injunction [Doc. 16] filed by Defendants Express Scripts, Inc., Medco Health Services, Inc. (Seelbach, Kyle) Modified on 9/29/2014 (CBL). |
| Filing 57 MOTION for Leave to File Supplemental Trial Brief in Opposition to Plaintiff's Motion for a Preliminary Injunction [Doc. 16] by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 56 CLERK'S Exhibit List as to Preliminary Injunction Hearing. (BRP) |
| Filing 55 CLERK'S WITNESS LIST as to Preliminary Injuction Hearing. (BRP) |
| Filing 54 Minute Entry for proceedings held before District Judge Catherine D. Perry: Motion Hearing held on 9/25/2014 re #16 MOTION for Preliminary Injunction filed by Alternative Medicine and Pharmacy, Inc. The Court hears testimony from witnesses, hears arguments from counsel, and views exhibits. The Court takes the matter under submission. Order to issue. (Court Reporter:B. Porter.) (FTR Gold: No.) (BRP) |
| Filing 53 RESPONSE TO COURT ORDER re #27 Memorandum & Order,, (Second Supplemental Statement) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 52 OBJECTION to Pretrial re #43 Exhibit List filed by Plaintiff for Preliminary Injunction Hearing by Defendants Express Scripts, Inc., Medco Health Services, Inc.. Related document: #43 Exhibit List filed by Alternative Medicine and Pharmacy, Inc..(Seelbach, Kyle) |
| Filing 51 OBJECTION to Pretrial re #32 Exhibit List filed by Defendants for Preliminary Injunction Hearing by Plaintiff Alternative Medicine and Pharmacy, Inc.. Related document: #32 Exhibit List filed by Express Scripts, Inc., Medco Health Services, Inc..(King, Douglas) |
| Filing 50 ANSWER to #1 Complaint, by Medco Health Services, Inc..(Seelbach, Kyle) |
| Filing 49 ANSWER to #1 Complaint, by Express Scripts, Inc..(Seelbach, Kyle) |
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Filing 48
Docket Text ORDER: Re: #46 MOTION for Leave to File in Excess of Page Limitation ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 9/23/14. (CDP)
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| Filing 47 NOTICE by Plaintiff Alternative Medicine and Pharmacy, Inc. of Proposed Forms of Preliminary Injunction and Injunction Bond (Attachments: #1 Exhibit, #2 Exhibit)(King, Douglas) |
| Filing 46 MOTION for Leave to File in Excess of Page Limitation for Preliminary Injunction Brief by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) Modified on 9/23/2014 (BRP). |
| Filing 45 NOTICE by Plaintiff Alternative Medicine and Pharmacy, Inc. Of Joint Statement on Length of Preliminary Injunction Hearing (King, Douglas) |
| Filing 44 Proposed Conclusions of Law by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 43 Exhibit List for Preliminary Injunction Hearing by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 42 WITNESS LIST by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 41 Proposed Conclusions of Law by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 40 Proposed Findings of Fact and Conclusions of Law for Hearing by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) Modified on 9/23/2014 (BRP). |
| Filing 39 MEMORANDUM in Support of Motion re #16 MOTION for Preliminary Injunction filed by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 38 SEALED DOCUMENT re #35 Memorandum in Opposition to Motion,, #36 Motion for Leave to File Sealed Document (Exhibits A-C to Doc. 35) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Seelbach, Kyle) |
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Filing 37
Docket Text ORDER: Re: #36 MOTION for Leave to File Sealed Document (Exhibits A-C to Doc. 35) by Defendants ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 9/22/14. (CDP)
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| Filing 36 MOTION for Leave to File Sealed Document (Exhibits A-C to Doc. 35) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 35 MEMORANDUM in Opposition re #16 MOTION for Preliminary Injunction filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q)(Seelbach, Kyle) |
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Filing 34
Docket Text ORDER: Re: #33 MOTION for Leave to File in Excess of Page Limitation by Defendants ; ORDERED GRANTED. Signed by District Judge Catherine D. Perry on 9/22/14. (CDP)
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| Filing 33 MOTION for Leave to File in Excess of Page Limitation by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 32 Exhibit List for the September 25, 2014 Hearing on Plaintiff's Motion for a Preliminary Injunction by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 31 WITNESS LIST by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 30 RESPONSE TO COURT ORDER re #27 Memorandum & Order,, (Supplemental Response) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 29 TRANSCRIPT of #26 (MOTION HEARING) held on September 15, 2014 before Judge Catherine D. Perry. Court Reporter/Transcriber Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/10/2014. Redacted Transcript Deadline set for 10/20/2014. Release of Transcript Restriction set for 12/18/2014. (MCB) |
| Filing 28 RESPONSE TO COURT ORDER re #27 Memorandum & Order,, by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit 1 - Declaration of Urmila P. Baumann)(Seelbach, Kyle) |
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Filing 27
MEMORANDUM AND ORDER. (see order for details) For the reasons stated on the record during today's hearing, IT IS HEREBY ORDERED that the renewed motion for temporary restraining order [#20 ] is denied. IT IS FURTHER ORDERED that the motion for leave to file in excess of the page limitation [#22 ] and motion for leave to file sealed document [#24 ] are granted. IT IS FURTHER ORDERED that by 12:00 noon on Wednesday, September 17, 2014, defendant shall file a statement of compliance certifying the actions listed herein. Signed by District Judge Catherine D. Perry on 09/15/2014. (CBL)
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| Filing 26 Minute Entry for proceedings held before District Judge Catherine D. Perry: Motion Hearing held on 9/15/2014. Parties present for hearing on second motion for temporary restraining order #20 . Arguments heard. Motion is Denied by the Court. Defendant to file statement of compliance with the Court's instructions by Wednesday, September 17, 2014. Order to issue. (Court Reporter:G. Madden.) (FTR Gold: No.) (CBL) |
| Filing 25 SEALED DOCUMENT re #23 Memorandum in Opposition to Motion, #24 MOTION for Leave to File Sealed Document (Exhibits 1-3 to Doc. 23) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Seelbach, Kyle) |
| Filing 24 MOTION for Leave to File Sealed Document (Exhibits 1-3 to Doc. 23) by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 23 MEMORANDUM in Opposition re #20 Second MOTION for Temporary Restraining Order filed by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Attachments: #1 Declaration, #2 Index to Exhibits, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9, #12 Exhibit 10)(Seelbach, Kyle) |
| Filing 22 MOTION for Leave to File in Excess of Page Limitation by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
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Filing 21
ORDER: IT IS HEREBY ORDERED that the plaintiff's renewed motion for a temporary restraining order #20 is set for a hearing on Monday, September 15, 2014 at 1:00 p.m. in Courtroom 14-South. Signed by District Judge Catherine D. Perry on 9/12/14. (KXS)
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| Filing 20 Second MOTION for Temporary Restraining Order by Plaintiff Alternative Medicine and Pharmacy, Inc.. (Attachments: #1 Exhibit A-Temporary Restraining Order, #2 Exhibit B-Declaration of Lesley Bond, #3 Exhibit C-Declaration of Scott Breimeister)(King, Douglas) |
| Filing 19 SUMMONS Returned Executed filed by Alternative Medicine and Pharmacy, Inc.. Express Scripts, Inc. served on 9/2/2014, answer due 9/23/2014. (King, Douglas) |
| Filing 18 SUMMONS Returned Executed filed by Alternative Medicine and Pharmacy, Inc.. Medco Health Services, Inc. served on 9/2/2014, answer due 9/23/2014. (King, Douglas) |
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Filing 17
MEMORANDUM AND PRE-HEARING ORDER. (see order for details and deadlines) IT IS HEREBY ORDERED that the motion for temporary restraining order [#4 ] is denied as moot as the parties have reached a stipulation regarding this motion pending the Court's resolution of plaintiffs motion for preliminary injunction. IT IS FURTHER ORDERED that this matter is set for a preliminary injunction hearing on September 25, 2014 at 9:00 a.m. in Courtroom 14-South. IT IS FURTHER ORDERED that plaintiff's motion to expedite discovery [#6 ] is granted only to the extent set out below, and the following schedule shall apply to the preliminary injunction hearing and will be modified only upon a showing of exceptional circumstances: (1.) Plaintiff shall file its motion for preliminary injunction without a supporting memorandum by 5:00 p.m. on September 2, 2014. (2.) Defendants shall propound any written discovery to plaintiff by 5:00 p.m. on September 3, 2014. (3.) The parties shall serve all responses to written discovery by 5:00 p.m. on September 16, 2014. No later than 5:00 p.m. on September 22, 2014, the parties shall deliver the listed pre-hearing items to opposing counsel and file with the Clerk. Failure to comply with any part of this Order may result in the imposition of sanctions. Signed by District Judge Catherine D. Perry on 09/03/2014. (CBL)
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| Filing 16 MOTION for Preliminary Injunction by Plaintiff Alternative Medicine and Pharmacy, Inc.. (Attachments: #1 Exhibit Preliminary Injunction)(King, Douglas) |
| Filing 15 Minute Entry for proceedings held before District Judge Catherine D. Perry: Motion Hearing held on 8/28/2014 re #4 MOTION for Temporary Restraining Order filed by Alternative Medicine and Pharmacy, Inc.. Counsel inform the Court that they have reached an agreement. The Court and counsel discussed deadlines regarding Preliminary Injunction. Order to follow. (Court Reporter:G. Madden.) (FTR Gold: No.) (MCB) |
| ***REMARK: Exhibits A, B, and C were placed under seal by the clerk at the request of plaintiff's counsel. Plaintiff's counsel advised the defendants have already been served with the documents. (BRP) |
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Filing 14
Docket Text ORDER: Re: #12 MOTION to Continue Hearing ; ORDERED DENIED, hearing will go forward as previously scheduled unless parties jointly notify the court that they have agreed to a different schedule. Signed by District Judge Catherine D. Perry on 8/27/14. (CDP)
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| Filing 13 RESPONSE in Opposition re #12 MOTION to Continue Hearing on Plaintiff's Motion for Temporary Restraining Order and Expedited Discovery filed by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 12 MOTION to Continue Hearing on Plaintiff's Motion for Temporary Restraining Order and Expedited Discovery by Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 11 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Medco Health Services, Inc... (Seelbach, Kyle) |
| Filing 10 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Defendant Express Scripts, Inc... (Seelbach, Kyle) |
| Filing 9 ENTRY of Appearance by Kyle P. Seelbach for Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Seelbach, Kyle) |
| Filing 8 ENTRY of Appearance by Sarah C. Hellmann for Defendants Express Scripts, Inc., Medco Health Services, Inc.. (Hellmann, Sarah) |
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Filing 7
ORDER: IT IS HEREBY ORDERED that the plaintiff's motions for a temporary restraining order [#4 ] and to expedite discovery [#6 ] are set for a hearing on Thursday, August 28, 2014 at 10:30 a.m. in Courtroom 14-South. (Motion Hearing set for 8/28/2014 10:30 AM in Courtroom 14S before District Judge Catherine D. Perry.) Signed by District Judge Catherine D. Perry on August 26, 2014. (BRP)
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| Filing 6 MOTION to Expedite Discovery by Plaintiff Alternative Medicine and Pharmacy, Inc.. (Attachments: #1 Exhibit First Interrogatories, #2 Exhibit First Document Requests, #3 Exhibit First Requests for Admissions)(King, Douglas) |
| Filing 5 MEMORANDUM in Support of Motion re #4 MOTION for Temporary Restraining Order filed by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 4 MOTION for Temporary Restraining Order by Plaintiff Alternative Medicine and Pharmacy, Inc.. (King, Douglas) |
| Filing 3 DISCLOSURE OF CORPORATION INTERESTS CERTIFICATE by Plaintiff Alternative Medicine and Pharmacy, Inc.. Parent companies: None, Subsidiaries: None, Publicly held company: None,. (BAK) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiff Alternative Medicine and Pharmacy, Inc. Process Server: Amy R. Post (BAK) |
| Filing 1 COMPLAINT against defendant All Defendants with receipt number 0865-4464876, in the amount of $400 Jury Demand,, filed by Alternative Medicine and Pharmacy, Inc. . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Civil Cover Sheet, #7 Summons, #8 Summons, #9 Original Filing Form)(King, Douglas) |
| Case Opening Notification: 2 Summons(es) issued. The summons were emailed to attorney Douglas W. King. Judge Assigned: U.S. District Judge Charles A. Shaw. (BAK) |
| Case Opening Notification: 2 Summons(es) re-issued. The summons were emailed to attorney Douglas W. King. All corporate parties must file Disclosure of Corporate Interest form. The form can be found on the # court website. Judge Assigned: U.S. District Judge Catherine D. Perry. Attorney contacted by both Lori Miller-Young and Beth Kirkland regarding filing of memorandum stating when hearing for TRO is to be held. (BAK) |
| ***REMARK - Judge Shaw was assigned to case before Motion for Temorary Restraining Order was filed. New judge will be assigned and new summons issued. (BAK) |
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