HM Compounding Services LLC et al v. Express Scripts, Inc.
| Victor Paduano, Frank Scala, Nick Canner, HM Compounding Services, LLC and HMX Services, LLC |
| Express Scripts, Inc., CVS Caremark Corp., OptumRx, Inc. and Prime Therapeutics LLC |
| Precision Rx Compounding, LLC, C & M Health Pro, LLC, Northern VA Compounders, PLLC, TOTH Enterprises II, PA, The Daily Dose, LP and CPRX Pharmacy, LP |
| Stephen N. Limbaugh, Sr. |
| 4:2014cv01858 |
| November 4, 2014 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Within US but Outside District |
| John A Ross |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Petition for Removal |
| Both |
Docket Report
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| Document Text |
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| Filing 619 Answer to Garnishment Interrogatories ;garnishee Heartland Payment Systems, LLC (CLO) |
| ***REMARK Registry disbursement of a civil bond in the amount of $2509.92 payable to Express Scripts, Inc on 05/21/2019 by US Treasury check # 98427824. (LLS) |
| Filing 618 WRIT OF EXECUTION OF GARNISHMENT issued upon the assets of HMX Services, LLC by serving garnishee Heartland Payment Systems, LLC.(Returnable date: June 21, 2019)(CLO) |
| Filing 617 CLERK'S ORDER (GJL) - IT IS HEREBY ORDERED that plaintiffs' motion to appoint HPS Process Service & Investigations, Inc. as a private process server for service upon garnishee Heartland Payment Systems, LLC Doc.#614 is GRANTED. Related document: #614 MOTION to Appoint Special Process Server filed by Express Scripts, Inc. (CLO) |
| Filing 616 NOTICE of Execution on garnishment w/affidavit and writ attached; writ issued by Defendant Express Scripts, Inc. Garnishee: Heartland Payment Systems, LLC Writ Issued Returnable: June 21, 2019 (Attachments: #1 Writ of Execution, #2 Summons of Garnishee, #3 Interrogatories to Garnishee, #4 Certificate of Service)(Miles, Christopher) |
| Filing 615 NOTICE of Execution on garnishment w/affidavit and writ attached; writ issued by Defendant Express Scripts, Inc. Garnishee: Heartland Payment Systems, LLC Writ Issued Returnable: June 19, 2019 (Attachments: #1 Writ of Execution, #2 Summons of Garnishee, #3 Interrogatories to Garnishee, #4 Certificate of Service)(Miles, Christopher) |
| Filing 614 MOTION to Appoint Special Process Server by Defendant Express Scripts, Inc.. (Miles, Christopher) |
| Filing 613 NOTICE of Execution on garnishment w/affidavit and writ attached; writ issued by Defendant Express Scripts, Inc. Garnishee: Heartland Payment Systems, LLC Writ Issued Returnable: 30 Days (Attachments: #1 Summons of Garnishee, #2 Writ of Execution, #3 Interrogatories to Garnishee, #4 Certificate of Service)(Miles, Christopher) |
Filing 612
ORDER (Financial) : IT IS HEREBY ORDERED that the Clerk of Court shall disburse the entirety of the $1,974.39 in the Court Registry together with all accrued interest to Express Scripts by check made payable to: Express Scripts, Inc. 1 Express Way St. Louis, MO 63121 Attn: Tina Italiano Mailstop HQ2E03.. Signed by District Judge John A. Ross on 5/7/19. (KKS)
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| Filing 611 SEALED DOCUMENT re #610 Response to Court Order (Exhibit B) by Defendant Express Scripts, Inc.. (Attachments: #1 Certificate of Service re Sealed Filing)(Smith, Christopher) |
| Filing 610 RESPONSE TO COURT ORDER re #609 Order (Financial),, Set Deadlines/Hearings, by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A - Text of Proposed Order)(Smith, Christopher) |
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Filing 609
ORDER (Financial): IT IS HEREBY ORDERED that the principal amount of $1,974.39 remaining in the Court Registry, plus accrued interest, shall be divided equally and returned to the parties. IT IS FURTHER ORDERED that no later than April 29, 2019, the parties shall file their respective proposed orders for disbursement of funds in accordance with E.D. Mo. L. R. 13.04(C)(3). Signed by District Judge John A. Ross on 4/17/2019. (CLO)
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| Filing 608 NOTICE Satisfaction of Sanctions Payment by Plaintiffs to Defendant: by Defendant Express Scripts, Inc. re #595 Memorandum & Order, (Smith, Christopher) |
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Filing 607
Docket Text ORDER: GRANTING #605 MOTION to Withdraw as Attorney for Plaintiffs (Unopposed Motion) ;attorney/firm Lawrence V. Ashe, Andrew S. Brenner, Tyler E. Ulrich, Steven Davis, BOIES SCHILLER FLEXNER by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) filed by HM Compounding Services, LLC, HMX Services, LLC ; ORDERED GRANTING, Attorney Steven W. Davis; Tyler Evan Ulrich; Lawrence V. Ashe and Andrew Scott Brenner terminated.. Signed by District Judge John A. Ross on 2/15/19. (KKS)
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| Filing 606 NOTICE by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC re #605 MOTION to Withdraw as Attorney for Plaintiffs (Unopposed Motion) ;attorney/firm Lawrence V. Ashe, Andrew S. Brenner, Tyler E. Ulrich, Steven Davis, BOIES SCHILLER FLEXNER Notice of Service of Unopposed Motion to Withdraw (Attachments: #1 Attachment D.E. 605)(Ashe, Lawrence) |
| Filing 605 MOTION to Withdraw as Attorney for Plaintiffs (Unopposed Motion) ;attorney/firm Lawrence V. Ashe, Andrew S. Brenner, Tyler E. Ulrich, Steven Davis, BOIES SCHILLER FLEXNER by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 604 MOTION to Appoint Special Process Server by Defendant Express Scripts, Inc.. (Miles, Christopher) |
| Filing 603 NOTICE of Execution on garnishment w/affidavit and writ attached; writ issued by Defendant Express Scripts, Inc. Garnishee: JP Morgan Chase Bank N.A. Writ Issued Returnable: 30 Days (Attachments: #1 Summons of Garnishee, #2 Writ of Execution, #3 Interrogatories to Garnishee, #4 Certificate of Service)(Miles, Christopher) |
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Filing 602
STIPULATION OF DISMISSAL - with prejudice, of all remaining claims in this case.. SO ORDERED by District Judge John A. Ross on 2/11/19. (KKS)
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| Filing 601 STIPULATION of Dismissal With Prejudice by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 600 CONSENT JUDGMENT. Signed by District Judge John A. Ross on 1/28/19. (JAB) |
| Filing 599 SEALED DOCUMENT re #598 Sealed Order (Joint Response to Order to Show Cause) by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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Filing 598
MEMORANDUM AND ORDER . Signed by District Judge John A. Ross on 1/16/2019. (CLO)(CC:COUNSEL)
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| Filing 597 SEALED MOTION for Order to Show Cause (Motion to Enter Consent Judgment or to Show Cause Why Consent Judgment Should Not Be Entered) by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1 - Nov. 13, 2018 Transcript of Proceedings, #2 Exhibit 2 - Proposed Consent Judgment)(Smith, Christopher) (At the request of the attorney, sealed the entry on 1/10/2019 to Case Participants) (KKS). |
| Filing 596 SEALED DOCUMENT Joint Motion Regarding the Parties Settlement Agreement and Consent Judgment by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Smith, Christopher) |
| Receipt 4644076418 in the amount of $1240.08 for RECOVERIES OF CRT COST on behalf of Sentrix Pharmacy and Discount (CCAM) |
| Receipt 4644076434 in the amount of $0.01 for RECOVERIES OF CRT COST on behalf of HM Compounding Services, etal. (CCAM) |
| Receipt 4644076412 in the amount of $1240.08 for RECOVERIES OF CRT COST on behalf of Express Scripts (CCAM) |
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Filing 595
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Express Scripts' request for fees and costs is GRANTED in part. Express Scripts is awarded the amount of $366,840.51, as and for its attorneys' fees and costs incurred in connection with its sanction motions and court appearances. IT IS FURTHER ORDERED that Plaintiffs shall pay to Express Scripts the sum of $366,840.51.. Signed by District Judge John A. Ross on 11/19/18. (KKS)
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Filing 594
ORDER: IT IS HEREBY ORDERED that the parties are granted thirty (30) days from the date of this Order to file appropriate documents in accordance with their settlement, including the consent judgment, and fifteen (15) days thereafter to file stipulations of dismissal. IT IS FURTHER ORDERED by agreement of the parties that jury costs in the amount of $2,480.17 shall be shared equally by the parties and paid within thirty (30) days of the date of this Order to the Clerk of Court, United States District Court, Eastern District of Missouri. Signed by District Judge John A. Ross on 11/13/18. (JAB)(cc:Finance Dept.)
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| Filing 593 Minute Entry for proceedings held before District Judge John A. Ross on 11/13/18. Parties present for Jury Trial. The parties announce that the case is settled. Order to follow. (Court Reporter:Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985) (FTR Gold: No) (JAB) |
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Filing 592
ORDER: IT IS HEREBY ORDERED that Defendant Express Scripts, Inc.s Motion for Judgment as a Matter of Law under Rule 56(f) on Liability for Count II of its Counterclaim [ #582 ] is GRANTED. Signed by District Judge John A. Ross on 11/13/18. (JAB)
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| Filing 591 Minute Entry for proceedings held before District Judge John A. Ross: Final Pretrial Conference held on 11/13/2018. Defendant Express Scripts, Inc. orally dismisses counts 1, 3, and 4 of the counterclaim to be followed by written memo. Arguments heard re Motions in Limine (doc #'s 544, 586, 587, 549, 550, 551, 553 554, 555) and the motions are ruled per the record. (Court Reporter:Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985) (FTR Gold: No) (JAB) |
| Filing 590 OBJECTION to Pretrial re #538 Deposition Designations by Defendant Express Scripts, Inc.. Related document: #538 Deposition Designations filed by HM Compounding Services, LLC, HMX Services, LLC.(Smith, Christopher) |
| Filing 589 OBJECTION to Pretrial re #541 Exhibit List (Objections to Plaintiffs' Amended Exhibit List) by Defendant Express Scripts, Inc.. Related document: #541 Exhibit List filed by HM Compounding Services, LLC, HMX Services, LLC.(Smith, Christopher) |
| Filing 588 REPLY to Response to Motion re #582 MOTION for Judgment as a Matter of Law Under Rule 56(f) on Liability for Count II of Its Counterclaim filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 587 MOTION in Limine and Incorporated Memorandum of Law to Exclude Evidence and Argument that Contradicts the Number of Claims for Which HM New Jersey Submitted a Manipulated U&C Cash Price by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 586 MOTION in Limine to Exclude Evidence and Argument Relating to HM New Jersey's Financial Condition and Express Scripts' Alleged Role in Putting HM New Jersey Out of Business by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 585 RESPONSE in Opposition re #544 SEALED MOTION Plaintiffs' Omnibus Motion in Limine filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 584 Proposed Jury Instructions by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 583 RESPONSE to Motion re #582 MOTION for Judgment as a Matter of Law Under Rule 56(f) on Liability for Count II of Its Counterclaim filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Brenner, Andrew) |
| Filing 582 MOTION for Judgment as a Matter of Law Under Rule 56(f) on Liability for Count II of Its Counterclaim by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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Filing 581
ORDER: IT IS HEREBY ORDERED that this matter is set for a telephone conference on Friday, November 9, 2018 at 11:30 a.m. Counsel participating in the telephone conference are directed to call the conference toll free at 1-877-810-9415. The access code to enter the telephone conference for all participants is: 7519116. Signed by District Judge John A. Ross on 11/8/18. (KXS)
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Filing 580
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs HM Compounding Services, LLC and HMX Services, LLC's Motion for Partial Summary Judgment #472 is DENIED. IT IS FURTHER ORDERED that Defendant Express Script's Renewed Motion for Summary Judgment #478 is GRANTED. IT IS FURTHER ORDERED that Defendant Express Script's Motion for Leave to File a Sur-Reply in Further Opposition to Plaintiff's Motion for Partial Summary Judgment #516 is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' Motion for Leave to File a Sur-Response in Further Support of their Motion for Partial Summary Judgment #518 is GRANTED. IT IS FURTHER ORDERED that Plaintiffs' Motion for Leave to File Response to Express Scripts' Supplemental Statement of Facts #575 is GRANTED. Signed by District Judge John A. Ross on 11/8/18. (KXS)
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| Filing 579 MOTION for Leave to Supplement Its (1) Motion to Exclude the Testimony of Victor Delle Fave and (2) Supplemental Memorandum in Support of Its Renewed Motion for Summary Judgment by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A)(Smith, Christopher) |
| Filing 578 DECLARATION filed by Defendant Express Scripts, Inc. re #577 Notice of Filing Exhibit . (Husgen, Jason) |
| Filing 577 NOTICE of Filing Exhibit with the Clerk's Office in paper format by Defendant Express Scripts, Inc. re #576 Sealed Document, (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Smith, Christopher) (Main Document 577, Attachment 1, Attachment 2, Attachment 3 replaced on 11/7/2018)- and document SEALED (CLO). |
| Filing 576 SEALED DOCUMENT re #561 Sealed Document,, re #478 Sealed Motion for Summary Judgment (Supplemental Reply Memorandum of Law in Support of Renewed Motion for Summary Judgment) by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 575 SEALED DOCUMENT re #570 Sealed Document, Motion for Leave to File Response to Defendants' Supplemental Statement of Facts (attached hereto) by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit Plaintiff's Response to Defendants' Supplemental Statement of Facts)(Ulrich, Tyler) Modified to make motion on 11/7/2018 (CLO). |
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Filing 574
ORDER: In light of the supplemental filings and motions in this matter, IT IS HEREBY ORDERED that the final pretrial conference scheduled for Thursday, November 8, 2018 at 1:30 p.m. is CANCELLED. The Court will take up all pretrial matters on Tuesday, November 13, 2018 at 9:00 a.m. Signed by District Judge John A. Ross on 11/6/18. (JAB)
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Filing 573
Docket Text ORDER: Re: #520 MOTION for Leave to File in Excess of Page Limitation by Defendant Express Scripts, Inc.. (Smith, Christopher), #571 MOTION for Leave to File in Excess of Page Limitation for Plaintiffs' Response to Defendant's Request for Fees by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence), #527 MOTION for Leave to File in Excess of Page Limitation by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Brenner, Andrew) ; ORDERED GRANTED. Signed by District Judge John A. Ross on 11/6/18. (JAB)
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| Filing 572 REPLY to RESPONSE to Motion re #521 SEALED MOTION (Reply to Plaintiffs' Opposition to Express Scripts' Submission of Fees) filed by Defendant Express Scripts, Inc.. (Smith, Christopher) Modified text and unsealed doc per request of attorney on 11/6/2018 (CLO). |
| Filing 571 MOTION for Leave to File in Excess of Page Limitation for Plaintiffs' Response to Defendant's Request for Fees by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 570 SEALED DOCUMENT re #561 Sealed Document,, Response in Opposition to Defendants' Supplemental Memorandum by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A - Stockwell Dep Excerpts)(Brenner, Andrew) |
| Filing 569 MEMORANDUM re #558 Sealed Document Response to Express Script's Submission of Fees by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) Modified on 11/5/2018; SEALED (CLO). |
| Filing 568 Proposed Jury Instructions by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 567 Proposed Jury Instructions by Plaintiff HM Compounding Services, LLC. (Ulrich, Tyler) |
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Filing 566
ORDER - IT IS HEREBY ORDERED that the Motion to Withdraw filed by counsel of record for Plaintiffs #557 is DENIED. IT IS FURTHER ORDERED that Plaintiffs shall file a response to Defendant Express Scripts' Submission of Fees and Costs (Doc. No. #558 ) by 5:00 p.m. on Monday, November 5, 2018. ( Response to Court due by 11/5/2018.). Signed by District Judge John A. Ross on 11/2/2018. (KKS)
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| Filing 565 Minute Entry for Motion Hearing proceedings held before District Judge John A. Ross on 11/2/2018; Parties present for a hearing on the Motion to Withdraw #557 as Attorney/firm Lawrence V. Ashe, Esq., Andrew S. Brenner, Esq., Tyler E. Ulrich, Esq. Arguments heard. An In Camera discussion was held with attorney Ashe and with the HM reps in a closed courtroom and it shall remain sealed. The Court denied the motion to withdraw. Court reviewed response to Court deadlines with the parties. Jury Trial remains set on Tuesday, November 13, 2018. (Court Reporter:Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985) (FTR Gold: No) (KKS) |
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Filing 564
ORDER - IT IS HEREBY ORDERED that the request (Doc. No. #563 ) is GRANTED. Counsel Andrew Brenner is excused from attending the hearing on November 2, 2018. Signed by District Judge John A. Ross on 11/1/2018. (KKS)
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| Filing 563 MOTION for Leave to be excused from Attendance or permitted to appear by telephone at November 2, 2018 Hearing by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Brenner, Andrew) |
| Filing 562 SEALED DOCUMENT re #478 SEALED MOTION for Summary Judgment (Supplemental Statement of Uncontroverted Material Facts in Support of Motion for Summary Judgment) by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 9)(Smith, Christopher) |
| Filing 561 SEALED DOCUMENT re #478 SEALED MOTION for Summary Judgment (Supplemental Memorandum of Law in Support of Renewed Motion for Summary Judgment) by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1 to Supplemental Memorandum, #2 Exhibit 2 to Supplemental Memorandum, #3 Exhibit 3 to Supplemental Memorandum, #4 Affidavit Declaration, #5 Exhibit A to Declaration, #6 Exhibit B to Declaration)(Smith, Christopher) |
| Filing 560 RESPONSE in Opposition re #557 MOTION to Withdraw as Attorney ;attorney/firm Lawrence V. Ashe, Esq., Andrew S. Brenner, Esq., Tyler E. Ulrich, Esq., Steven Davis, Esq., Boies Schiller Flexner LLP filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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Filing 559
ORDER: The Court is in receipt of a Motion to Withdraw filed by counsel of record for Plaintiffs HM Compounding Services, LLC and HMX Services, LLC (Doc. No. #557 ). Given the nature of this motion and the imminent trial setting, the Court hereby sets this matter for hearing on Friday, November 2, 2018 at 4:00 p.m. in Courtroom 12N and directs all counsel and Plaintiffs' corporate representative to appear in person. Signed by District Judge John A. Ross on 10/31/18. (KXS)
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| Filing 558 SEALED DOCUMENT re #543 Memorandum & Order,,,,,, Defendant's Submission of Fees and Costs by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Smith, Christopher) |
| Filing 557 MOTION to Withdraw as Attorney ;attorney/firm Lawrence V. Ashe, Esq., Andrew S. Brenner, Esq., Tyler E. Ulrich, Esq., Steven Davis, Esq., Boies Schiller Flexner LLP by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 556 SEALED DOCUMENT re #555 MOTION in Limine and Incorporated Memorandum of Law to Exclude the Testimony of Shawn Davis (Exhibit A) by Defendant Express Scripts, Inc.. (Attachments: #1 Certificate of Service re Sealed Filing)(Smith, Christopher) |
| Filing 555 MOTION in Limine and Incorporated Memorandum of Law to Exclude the Testimony of Shawn Davis by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 554 MOTION in Limine and Incorporated Memorandum of Law to Exclude Evidence and Argument Relating to the Alleged August 2014 Draft Contract by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 553 MOTION in Limine and Incorporated Memorandum of Law to Exclude, as Irrelevant and Prejudicial, Evidence Relating to the New Jersey Addendum by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 552 SEALED DOCUMENT re #551 MOTION in Limine and Incorporated Memorandum of Law to Exclude Evidence and Argument Relating to Plaintiffs' Non-Contract Claims (Exhibits A through E) by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit E, #5 Certificate of Service re Sealed Filing)(Smith, Christopher) |
| Filing 551 MOTION in Limine and Incorporated Memorandum of Law to Exclude Evidence and Argument Relating to Plaintiffs' Non-Contract Claims by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 550 MOTION in Limine and Incorporated Memorandum of Law to Exclude Audio Recordings by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 549 MOTION in Limine and Supporting Memorandum to Exclude Any Expert or Other Opinion Testimony by Matthew Bernstein by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 548 SEALED DOCUMENT re #547 MOTION in Limine and Supporting Memorandum to Exclude All Evidence of Plaintiff HM Compounding Services, LLC's Accreditation From the Pharmacy Compounding Accreditation Board (Ex. A) by Defendant Express Scripts, Inc.. (Attachments: #1 Certificate of Service re Sealed Filing)(Smith, Christopher) |
| Filing 547 MOTION in Limine and Supporting Memorandum to Exclude All Evidence of Plaintiff HM Compounding Services, LLC's Accreditation From the Pharmacy Compounding Accreditation Board by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 546 MOTION in Limine and Supporting Memorandum to Exclude the Testimony of Victor Delle Fave by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A)(Smith, Christopher) |
| Filing 545 MOTION in Limine and Supporting Memorandum to Exclude All Evidence of or Reference to the Temporary Restraining Orders Entered in This Case by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 544 SEALED MOTION Plaintiffs' Omnibus Motion in Limine by Plaintiff HM Compounding Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ulrich, Tyler) |
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Filing 543
MEMORANDUM AND ORDER The Court notes that all of the documents at issue were produced by HM well after the close of discovery and briefing of summary judgment motions. Although no party has requested an opportunity to supplement their summary judgment motions, in light of the Court's rulings herein, the Court will grant the parties until Wednesday, October 31, 2018 to file any supplemental briefirig in support of their respective summary judgment motions. Any responses shall be filed by the end of business on Monday, November 5, 2018 and any replies shall be filed by the end of business on Tuesday, November 6, 2018. IT IS HEREBY ORDERED that Express Scripts' Motion for Reconsideration and For Sanctions Concerning the Production of Cash Transactions [ 498] is GRANTED in accordance with the rulings herein. IT IS FURTHER ORDERED that Express Scripts' Motion to Exclude Expert Report and Testimony of Lloyd Allen #466 is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that Express Scripts' Motion to Exclude Expert Report and Testimony of Kenneth Schafermeyer #469 is GRANTED. IT IS FURTHER ORDERED that Express Scripts' Motion to Exclude Expert Report and Testimony of Richard Moon #474 is GRANTED in part and DENIED in part. IT IS FINALLY ORDERED that that Express Scripts' Request for Terminating Sanctions in Connection with Plaintiffs' Discovery Misconduct #521 is GRANTED in part and DENIED in part in accordance with the rulings herein. ( Response to Court due by 10/31/2018.). Signed by District Judge John A. Ross on 10/26/18. (KKS)
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| Filing 542 MOTION for Leave to Supplement Express Scripts' Request for Terminating Sanctions in Connection with Plaintiffs' Discovery Misconduct [521, 529] by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1 (10.25.2018 Letter to Ashe, Brenner and Ulrich), #2 Exhibit 2 (Declaration of Spencer Malkin Opposition to ESI motion to compel), #3 Exhibit 3 (10.26.2018 E-mail between Counsel))(Smith, Christopher) |
| Filing 541 Exhibit List by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 540 Interrogatory Answer List by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 539 WITNESS LIST by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 538 Deposition Designations by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC.. (Ashe, Lawrence) |
| Filing 537 MOTION for Leave to Supplement Expert Report Pending Ruling on Motions for Sanctions by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 536 Deposition Designations by Defendant Express Scripts, Inc... (Smith, Christopher) |
| Filing 535 WITNESS LIST by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 534 Exhibit List by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 533 STIPULATION re #410 Case Management Order - Amended,, Joint Stipulation of Uncontested Facts and Proposed Summaries of the Case by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 532 SURREPLY to Motion re #498 MOTION for Reconsideration and for Sanctions Concerning the Production of Cash Transactions re #451 MOTION for Order to Show Cause and for Sanctions by Defendant Express Scripts, Inc.. filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A)(CLO) |
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Filing 531
Docket Text ORDER: Re: #530 MOTION for Leave to File a Sur-Reply by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: # 1 Exhibit A)(Brenner, Andrew) ; ORDERED GRANTED. Signed by District Judge John A. Ross on 10/18/2018. (CLO)
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| Filing 530 MOTION for Leave to File a Sur-Reply by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A)(Brenner, Andrew) |
| Filing 529 SEALED DOCUMENT re #521 Sealed Document, Reply in Support of Motion for Sanctions by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Smith, Christopher) |
| Filing 528 SEALED DOCUMENT re #521 Sealed Document, Response to Motion for Sanctions by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A - Email, #2 Exhibit B - Declaration, #3 Exhibit C - email, #4 Exhibit D - Screen shots, #5 Exhibit E - Audit trail, #6 Exhibit F - Email, #7 Exhibit G - Email, #8 Exhibit H - RFPs, #9 Exhibit I - Overide report, #10 Exhibit J - Letter, #11 Exhibit K - Letter, #12 Exhibit L - Email, #13 Exhibit M - Letter, #14 Exhibit N - Letter, #15 Exhibit O - email, #16 Exhibit P - email, #17 Exhibit Q - email)(Brenner, Andrew) |
| Filing 527 MOTION for Leave to File in Excess of Page Limitation by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Brenner, Andrew) |
| Filing 526 TRANSCRIPT ORDER REQUEST for #523 (STATUS CONFERENCE) by HM Compounding Services, LLC, HMX Services, LLC before Judge Ross.. (Ashe, Lawrence) Forwarded to Court Reporter on 10/16/2018 (CLO). |
| Filing 525 TRANSCRIPT of #523 (MOTION HEARING) held on 10/12/2018 before Judge John A. Ross. Court Reporter/Transcriber Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985. 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 11/5/2018. Redacted Transcript Deadline set for 11/15/2018. Release of Transcript Restriction set for 1/14/2019. (CLO) |
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Filing 524
ORDER: Plaintiffs shall file any response to Defendant Express Scripts Request for Terminating Sanctions in Connection with Plaintiffs Discovery Misconduct (Doc. No. #521 ) by the end of business on Monday, October 15, 2018. Defendant shall file any reply by the end of business on Tuesday, October 16, 2018. Signed by District Judge John A. Ross on 10/12/18. (JAB)
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| Filing 523 Minute Entry for proceedings held before District Judge John A. Ross: Motion Hearing held on 10/12/2018 re doc #'s #440 , #466 , #469 , #472 , #474 , #478 , #498 and #521 . Arguments heard. Order to follow. (Court Reporter:Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985) (FTR Gold: No) (JAB) |
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Filing 522
ORDER: In addition to taking up the motions previously noticed in the Courts September 20, 2018 Order (Doc. No. #513 ) at the hearing scheduled for October 12, 2018, the Court will also take up Defendants motions for sanctions (Doc. Nos. #451 , #498 , #521 ). Signed by District Judge John A. Ross on 10/11/18. (JAB)
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| Filing 521 SEALED DOCUMENT/Motion re #452 Memorandum in Support of Motion, #451 Motion for Sanctions by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Smith, Christopher) Modified event to a sealed motion on 10/26/2018 (KKS). |
| Filing 520 MOTION for Leave to File in Excess of Page Limitation by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 519 REPLY to Response to Motion re #498 MOTION for Reconsideration and for Sanctions Concerning the Production of Cash Transactions filed by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A)(Smith, Christopher) |
| Filing 518 SEALED MOTION for Leave to File Sur-Response in Further Support of Their Motion for Partial Summary Judgment #472 by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A - HMC Sur-Response)(Brenner, Andrew) Modified on 10/2/2018; corrected event motion (JAB). |
| Filing 517 SEALED DOCUMENT re #516 MOTION for Leave to File a Sur-Reply in Further Opposition to Plaintiffs' Motion for Partial Summary Judgment [Dkt. 472] (Ex. A - Defendant's Sur-Reply) by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 516 MOTION for Leave to File a Sur-Reply in Further Opposition to Plaintiffs' Motion for Partial Summary Judgment [Dkt. 472] by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A - Defendant's Sur-Reply (Filed Under Seal))(Smith, Christopher) |
| Filing 515 SEALED DOCUMENT re #498 MOTION for Reconsideration and for Sanctions Concerning the Production of Cash Transactions Plaintiffs' Response to Express Scripts' Motion for Reconsideration and for Sanctions Concerning the Production of Cash Transactions by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A - Malkin Depo Excerpt, #2 Exhibit B - Declaration of Spencer Malkin, #3 Exhibit C- Poirier Depo Excerpts)(Ashe, Lawrence) |
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Filing 514
Docket Text ORDER: FOR GOOD CAUSE SHOWN, GRANTING #477 MOTION for Leave to File in Excess of Page Limitation by Defendant Express Scripts, Inc.. FOR GOOD CAUSE SHOWN, GRANTING #471 MOTION for Leave to File Sealed Motion for Partial Summary Judgment, and Statement of Undisputed Material Facts in Support of Motion for Partial Summary Judgment by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC.. Signed by District Judge John A. Ross on 9/21/18. (KKS)
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Filing 513
ORDER: IT IS HEREBY ORDERED that Defendants request for oral argument on its renewed motion for summary judgment and Daubert motions [ #509 ] is GRANTED. Likewise, Plaintiffs request for oral argument on its motion for partial summary judgment [ #512 ] is GRANTED. This matter is set for hearing on Friday, October 12, 2018 at 10:30 a.m. in Courtroom 12N. Each side shall have thirty (30) minutes for argument. Signed by District Judge John A. Ross on 9/20/18. (JAB)
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| Filing 512 RESPONSE to Motion re #509 MOTION for Hearing on Defendants' Renewed #478 Motion for Summary Judgment and Motions to Exclude the Reports and Testimony of #466 Loyd Allen, #469 Kenneth Schafermeyer and #474 Richard Moon filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Brenner, Andrew) |
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Filing 511
Docket Text ORDER: GRANTING #468 MOTION for Leave to File in Excess of Page Limitation by Defendant Express Scripts, Inc... Signed by District Judge John A. Ross on 9/18/18. (KKS)
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Filing 510
Docket Text ORDER: GRANTING #506 MOTION for Leave to File in Excess of Page Limitation by Defendant Express Scripts, Inc.. ; GRANTING #490 MOTION for Leave to File in Excess of Page Limitation by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC.. Signed by District Judge John A. Ross on 9/18/18. (KKS)
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| Filing 509 MOTION for Hearing on Defendants' Renewed #478 Motion for Summary Judgment and Motions to Exclude the Reports and Testimony of #466 Loyd Allen, #469 Kenneth Schafermeyer and #474 Richard Moon by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 508 SEALED DOCUMENT re #492 Sealed Document,,, Defendant's Response to Plaintiffs' Statement of Additional Material Facts by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Smith, Christopher) |
| Filing 507 REPLY to Response to Motion re #478 SEALED MOTION for Summary Judgment filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 506 MOTION for Leave to File in Excess of Page Limitation by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 505 REPLY to Response to Motion re #474 MOTION to Exclude The Expert Report and Testimony of Richard B. Moon filed by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1)(Smith, Christopher) |
| Filing 504 REPLY to Response to Motion re #469 MOTION to Exclude The Expert Report and Testimony of Kenneth Schafermeyer filed by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A)(Smith, Christopher) |
| Filing 503 REPLY to Response to Motion re #466 MOTION to Exclude The Expert Report and Testimony of Loyd Allen filed by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Christopher) |
| Filing 502 SEALED DOCUMENT re #472 SEALED MOTION for Partial Summary Judgment , #473 Sealed Document, Reply in Support of Its Motion for Partial Summary Judgment by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
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Filing 501
Docket Text ORDER: GRANTING #500 MOTION for Extension of Time until Monday, September 24, 2018 to File Response/Reply as to #499 Memorandum in Support of Motion. Signed by District Judge John A. Ross on 9/17/18. (KKS)
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| Filing 500 MOTION for Extension of Time to File Response/Reply as to #499 Memorandum in Support of Motion (SEALED), by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 499 MEMORANDUM in Support of Motion (SEALED) re #498 MOTION for Reconsideration and for Sanctions Concerning the Production of Cash Transactions filed by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13)(Smith, Christopher) |
| Filing 498 MOTION for Reconsideration and for Sanctions Concerning the Production of Cash Transactions by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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Filing 497
Docket Text ORDER: Re: #489 MOTION for Leave to File Sealed Document (DE 488) by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ulrich, Tyler) filed by HM Compounding Services, LLC, HMX Services, LLC ; For good cause shown, ORDERED GRANTED. Signed by District Judge John A. Ross on 8/31/18. (JAB)
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| Filing 496 SEALED DOCUMENT re #473 Sealed Document, Defendant's Response to Plaintiffs' Statement of Undisputed Material Facts in Support of Motion for Partial Summary Judgment by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 495 SEALED DOCUMENT re #472 SEALED MOTION for Partial Summary Judgment Defendant's Opposition to Plaintiffs' Motion for Partial Summary Judgment) by Defendant Express Scripts, Inc.. (Attachments: #1 Declaration, #2 Exhibit Declaration Ex.1, #3 Exhibit Declaration Ex. 2, #4 Exhibit Declaration Ex. 3, #5 Exhibit Declaration Ex. 4, #6 Exhibit Declaration Ex. 5, #7 Exhibit Declaration Ex. 6)(Smith, Christopher) |
| Filing 494 SEALED DOCUMENT re #474 MOTION to Exclude The Expert Report and Testimony of Richard B. Moon Plaintiffs' Opposition to Defendant's Motion to Exclude the Expert Report and Testimony of Richard Moon by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A - Ptachcinski excerpts, #2 Exhibit B - Expert Report)(Ulrich, Tyler) |
| Filing 493 SEALED DOCUMENT re #466 MOTION to Exclude The Expert Report and Testimony of Loyd Allen Plaintiffs' Opposition to Defendant's Motion to Exclude the Expert Report and Testimony of Dr. Loyd Allen by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A - ESI Info, #2 Exhibit B - ESI ltr, #3 Exhibit C - ESI ltr, #4 Exhibit D - Expert Report)(Ulrich, Tyler) |
| Filing 492 SEALED DOCUMENT re #473 Sealed Document, Plaintiffs' Response to Defendant's Statement of Undisputed Material Facts and Statement of Additional Undisputed Material Facts by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit 1 - Gavin excerpts, #2 Exhibit 2 - Stockwell excerpts, #3 Exhibit 3 - Provider Agmt, #4 Exhibit 4 - Term. Ltr, #5 Exhibit 5 - Newsletter, #6 Exhibit 6 - Barnes excerpts, #7 Exhibit 7 - Malkin excerpts, #8 Exhibit 8 - Reiter excerpts, #9 Exhibit 9 - ESI, #10 Exhibit 10 - Ptachcinski excerpts, #11 Exhibit 11 - Klein excerpts, #12 Exhibit 12 - Roberts excerpts, #13 Exhibit 13 - Expert Witness Report, #14 Exhibit 14 - Eich excerpts, #15 Exhibit 15 - NJ Addendum)(Ulrich, Tyler) |
| Filing 491 SEALED DOCUMENT re #479 Memorandum in Support of Motion (SEALED), #478 SEALED MOTION for Summary Judgment - Plaintiffs' Opposition to Defendant's Renewed Motion for Summary Judgment by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A - Reiter dep excerpts, #2 Exhibit B - Stockwell dep excerpts, #3 Exhibit C - Davis dep excerpts, #4 Exhibit D - Barnes dep excerpts)(Ulrich, Tyler) |
| Filing 490 MOTION for Leave to File in Excess of Page Limitation by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ulrich, Tyler) |
| Filing 489 MOTION for Leave to File Sealed Document (DE 488) by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ulrich, Tyler) |
| Filing 488 RESPONSE in Opposition re #469 MOTION to Exclude The Expert Report and Testimony of Kenneth Schafermeyer filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ulrich, Tyler) Modified on 8/31/2018;Sealed document (JAB). |
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Filing 487
Docket Text ORDER: Re: #486 Joint MOTION for Extension of: Time to File Reply Briefs to Pending Motions by Defendant Express Scripts, Inc.. (Hellmann, Sarah) ; ORDERED GRANTED (Reply Briefs due by 9/17/2018.) Signed by District Judge John A. Ross on 8/23/18. (JAB)
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| Filing 486 Joint MOTION for Extension of: Time to File Reply Briefs to Pending Motions by Defendant Express Scripts, Inc.. (Hellmann, Sarah) |
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Filing 485
ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Strike the Declaration of Meghan McCaffrey #484 is GRANTED and the Declaration of Meghan A. McCaffrey Regarding Plaintiffs' July 21, 2018 Production of Documents [465-1] is stricken from the Court record. Signed by District Judge John A. Ross on 8/15/2018. (CLO)
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| Filing 484 MOTION to Strike #465 Notice (Other) the Declaration of Meghan McCaffrey by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A)(Brenner, Andrew) |
| Filing 483 TRANSCRIPT of #463 (MOTION HEARING) held on 7/19/18 before Judge John A. Ross. Court Reporter/Transcriber Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985. 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 8/24/2018. Redacted Transcript Deadline set for 9/4/2018. Release of Transcript Restriction set for 11/1/2018. (JAB) |
| Filing 482 TRANSCRIPT ORDER REQUEST for #463 (MOTION HEARING) by HM Compounding Services, LLC for proceedings held on 07/19/2018 court reporter Lisa Paczkowski before Judge JOHN A. ROSS. (cc: court reporter and advised counsel via email to file future requests in CM/ECF) (KKS) |
| Filing 481 SEALED EXHIBIT Received: the native version of the SEALED Exhibit 4 (Doc. 480-5) by Defendant Express Scripts, Inc. (forwarded to file room for placement in an expandable folder) (KKS) (KKS). |
| Filing 480 SEALED DOCUMENT re #478 SEALED MOTION for Summary Judgment (Statement of Undisputed Material Facts in Support of Motion for Summary Judgment) by Defendant Express Scripts, Inc.. (Attachments: #1 Affidavit Declaration in Support, #2 Exhibit Ex. 1 to Declaration, #3 Exhibit Ex. 2 to Declaration, #4 Exhibit Ex. 3 to Declaration, #5 Exhibit Ex. 4 to Declaration, #6 Exhibit Ex. 5 to Declaration, #7 Exhibit Ex. 6 to Declaration, #8 Exhibit Ex. 7 to Declaration, #9 Exhibit Ex. 8 to Declaration)(Smith, Christopher) |
| Filing 479 MEMORANDUM in Support of Motion (SEALED) re #478 SEALED MOTION for Summary Judgment filed by Defendant Express Scripts, Inc.. (Attachments: #1 Affidavit Declaration in Support, #2 Exhibit Ex. 1 to Declaration, #3 Exhibit Ex. 2 to Declaration, #4 Exhibit Ex. 3 to Declaration, #5 Exhibit Ex. 4 to Declaration)(Smith, Christopher) |
| Filing 478 SEALED MOTION for Summary Judgment by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 477 MOTION for Leave to File in Excess of Page Limitation by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 476 SEALED DOCUMENT re #475 Memorandum in Support of Motion (SEALED), #474 MOTION to Exclude The Expert Report and Testimony of Richard B. Moon (Declaration with Exhibits A and B) by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Smith, Christopher) |
| Filing 475 MEMORANDUM in Support of Motion (SEALED) re #474 MOTION to Exclude The Expert Report and Testimony of Richard B. Moon filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 474 MOTION to Exclude The Expert Report and Testimony of Richard B. Moon by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 473 SEALED DOCUMENT Statement of Undisputed Material Facts in Support of Motion for Partial Summary Judgment by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A - Aug. 2013 NJ Addendum, #2 Exhibit B - NJ Licensed Insurance Carriers, #3 Exhibit C - Claims Spreadsheet, #4 Exhibit D - Data Dictionary, #5 Exhibit E - Stoecker Email)(Ashe, Lawrence) |
| Filing 472 SEALED MOTION for Partial Summary Judgment by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A - Alternative Medicine Transcript)(Ashe, Lawrence) |
| Filing 471 MOTION for Leave to File Sealed Motion for Partial Summary Judgment, and Statement of Undisputed Material Facts in Support of Motion for Partial Summary Judgment by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 470 MEMORANDUM in Support of Motion (SEALED) re #469 MOTION to Exclude The Expert Report and Testimony of Kenneth Schafermeyer, #468 MOTION for Leave to File in Excess of Page Limitation filed by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Smith, Christopher) |
| Filing 469 MOTION to Exclude The Expert Report and Testimony of Kenneth Schafermeyer by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 468 MOTION for Leave to File in Excess of Page Limitation by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 467 MEMORANDUM in Support of Motion (SEALED) re #466 MOTION to Exclude The Expert Report and Testimony of Loyd Allen filed by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Christopher) |
| Filing 466 MOTION to Exclude The Expert Report and Testimony of Loyd Allen by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 465 NOTICE Regarding Plaintiffs' July 23, 2018 Production of Documents: by Defendant Express Scripts, Inc. re #464 Order to Show Cause,,,,, (Attachments: #1(STRICKEN per doc #485) Affidavit Declaration of Meghan A. McCaffrey)(Smith, Christopher) Modified on 8/24/2018 (JAB). |
| ***REMARK Registry disbursement of an Interpleader in the amount of $28,208.80 payable to Armstrong Teasdale LLP on 07/23/18 by US Treasury check # 87029658. (LLS) |
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Filing 464
ORDER: IT IS HEREBY ORDERED that Express Scripts, Inc.'s Motion for Order to Show Cause and for Sanctions #451 is GRANTED in part as follows: Plaintiffs shall produce for deposition Konstantin Pasternak and Ivy McCray regarding the evidence disclosed in Plaintiffs' recent document production. Plaintiffs shall produce these witnesses at their cost and expense and shall also cover the costs of attendant, necessary services, i.e., videographer and court reporter. Plaintiffs shall also produce for deposition, at the discretion of Express Scripts, a corporate representative regarding Plaintiffs' recent document production. Plaintiffs shall produce this witness at their cost and expense and shall also cover the costs of attendant, necessary services, i.e., videographer and court reporter. All documents on Plaintiffs' privilege log shall be produced to Express Scripts without reservation in a readable format for attorneys eyes only by the end of business on Monday, July 23, 2018. Plaintiffs shall waive any and all foundational objections to the admissibility of the late produced documents. IT IS FURTHER ORDERED that the Court will reserve ruling on the issue of Express Scripts' attorneys' fees incurred in connection with its counsel's review of the late produced documents and the additional depositions, and on any other sanctions the Court deems appropriate. Signed by District Judge John A. Ross on 7/19/2018. (CLO)
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| Filing 463 Minute Entry for proceedings held before District Judge John A. Ross: Motion Hearing held on 7/19/2018 re #451 MOTION for Order to Show Cause and for Sanctions filed by Express Scripts, Inc.. Parties present for hearing on Defendant's Motion for Order to Show Cause and Order for Sanctions #451 . Discussion held and arguments heard from both sides. Rulings made as stated on the record. Written order to issue. (Court Reporter:Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985) (FTR Gold: No) (CLO) Transcript request of this proceeding provided to Court Reporter: L. Paczkowski on 8/2/2018 (BABS). |
| Filing 462 SEALED DOCUMENT re #461 Reply to Response to Motion (SEALED) Second Declaration in Support of #451 Motion by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Smith, Christopher) |
| Filing 461 REPLY to Response to Motion re #451 MOTION for Order to Show Cause and for Sanctions filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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Filing 460
Docket Text ORDER: GRANTING for good cause shown the #457 MOTION for Leave to File Sealed Motion in Response to ESI's Motion for Order to Show Cause and for Sanctions by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC.. Signed by District Judge John A. Ross on 7/17/18. (KKS)
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| Filing 459 SEALED DOCUMENT re #458 SEALED MOTION in Response to ESI's Motion for Order to Show Cause and for Sanctions , #457 MOTION for Leave to File Sealed Motion in Response to ESI's Motion for Order to Show Cause and for Sanctions - Notice of Filing Declaration of Spencer Malkin by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Attachment Declaration of Spencer Malkin)(Ashe, Lawrence) |
| Filing 458 SEALED RESPONSE in Response to ESI's Motion for Order to Show Cause and for Sanctions by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A - Email Exchange, #2 Exhibit B - Discovery Document, #3 Exhibit C - Discovery Document)(Ashe, Lawrence) Modified to terminate motion on 7/20/2018 (CLO). |
| Filing 457 MOTION for Leave to File Sealed Motion in Response to ESI's Motion for Order to Show Cause and for Sanctions by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
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Filing 456
ORDER: IT IS HEREBY ORDERED that Plaintiffs shall file a response to Defendant's Motion for Order to Show Cause (Doc. No. #451 ) no later than Monday, July 16, 2018. Any reply shall be filed no later than Tuesday, July 17, 2018. IT IS FURTHER ORDERED that Defendant's Motion for Order to Show Cause is set for hearing on Thursday, July 19, 2018 at 10:00 a.m. in Courtroom 12N. Signed by District Judge John A. Ross on 7/12/2018. (CLO)
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| Filing 455 DECLARATION filed by Defendant Express Scripts, Inc. re #451 MOTION for Order to Show Cause and for Sanctions (Redacted Version). (Smith, Christopher) |
| Filing 454 MEMORANDUM in Support of Motion re #451 MOTION for Order to Show Cause and for Sanctions (Redacted Version) filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 453 DECLARATION filed by Defendant Express Scripts, Inc. re #452 Memorandum in Support of Motion, #451 MOTION for Order to Show Cause and for Sanctions . (Attachments: #1 Exhibit 1 - 2015.09.04 Defendant's First Set of RFPs to HMX, #2 Exhibit 2 - 2015.10.15 HMX's R&O's to Defendant's First Set of ROGs, #3 Exhibit 3 - 2016.01.14 30(b)(6) Deposition Transcript Excerpts, #4 Exhibit 4 - 2017.08.25 Defendant's Second Set of RFPs to HMX, #5 Exhibit 5 - 2017.09.05 Letter from C. Smith to L. Ashe re outstanding discovery issues, #6 Exhibit 6 - 2017.09.22 Letter from S. Davis to C. Smith re Sep 5 Discovery Issues, #7 Exhibit 7 2017.10.12 Letter from E. Lyttle to S. Davis re Deficiencies in Doc Production, #8 Exhibit 8 - 2017.10.20 Letter from S. Davis to E. Lyttle re Discovery Requests, #9 Exhibit 9 - 2017.10.30 Letter from E. Lyttle to S. Davis re M&C, #10 Exhibit 10 - 2017.11.17 Letter from S. Davis to E. Lyttle, #11 Exhibit 11 - Jan. 2018 correspondence, #12 Exhibit 12 - 2018.01.18 Barry Reiter Deposition Transcript Excerpts, #13 Exhibit 13 - 2018.03.02 Spencer Malkin Deposition Transcript Excerpts, #14 Exhibit 14 - May-July 2018 correspondence)(Smith, Christopher) Modified on 7/11/2018-Main document and attachments 3, 8, 12 and 13 sealed per attorney (JAB). Modified on 7/16/2018 (JAB). |
| Filing 452 MEMORANDUM in Support of Motion re #451 MOTION for Order to Show Cause and for Sanctions filed by Defendant Express Scripts, Inc.. (Smith, Christopher) Modified on 7/11/2018-document sealed per attorney (JAB). |
| Filing 451 MOTION for Order to Show Cause and for Sanctions by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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Filing 450
ORDER (Financial): IT IS HEREBY ORDERED that the Clerk of the Court shall disburse from the funds deposited with the Court the amount of $28,208.80 by check made payable to: Armstrong Teasdale LLP Department Number 478150 P.O. Box 790100 St. Louis, MO 63179-9933. Signed by District Judge John A. Ross on 7/5/2018. (CLO)
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Filing 449
ORDER - IT IS HEREBY ORDERED that the November 19, 2018 trial setting is rescheduled for Tuesday, November 13, 2018 at 9:00 a.m. A final pretrial conference is scheduled for November 8, 2018 at 1:30 p.m. in Courtroom 12N. re #448 Joint MOTION to Amend/Correct #438 Case Management Order - Amended, #410 Case Management Order - Amended, ( Jury Trial set for 11/13/2018 09:00 AM in Courtroom 12N before District Judge John A. Ross, Pretrial Conference set for 11/8/2018 01:30 PM in Courtroom 12N before District Judge John A. Ross.). Signed by District Judge John A. Ross on 7/2/18. (KKS)
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| Filing 448 Joint MOTION to Amend/Correct #438 Case Management Order - Amended, #410 Case Management Order - Amended,, by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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Filing 447
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Special Master's Memoranda and Orders #444 , #445 are SUSTAINED, ADOPTED AND INCORPORATED HEREIN.IT IS FURTHER ORDERED that the Special Master is directed to submit his statement of fees and costs incurred in connection with this matter to the Court within ten (10) days of the date of this Order.. Signed by District Judge John A. Ross on 06/22/18. (KKS)
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| Filing 446 MEMORANDUM Special Master's Order by Special Master Stephen N. Limbaugh, Sr. (Limbaugh, Stephen) |
| Filing 445 MEMORANDUM and Order by Special Master Stephen N. Limbaugh, Sr. (Limbaugh, Stephen) |
| Filing 444 MEMORANDUM and Order by Special Master Stephen N. Limbaugh, Sr. (Limbaugh, Stephen) |
| ***REMARK Registry disbursement of a Interpleader in the amount of $123596.00 payable to Armstrong Teasdale LLP on 05/30/18 by US Treasury check # 85162323. (LLB) |
| Filing 443 REPLY to Response to Motion re #440 MOTION to Exclude Rebuttal Testimony of Plaintiffs' Proffered Experts Loyd V. Allen and Richard B. Moon, and Incorporated Memorandum of Law filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 442 RESPONSE in Opposition re #440 MOTION to Exclude Rebuttal Testimony of Plaintiffs' Proffered Experts Loyd V. Allen and Richard B. Moon, and Incorporated Memorandum of Law filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ashe, Lawrence) |
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Filing 441
ORDER: IT IS HEREBY ORDERED that the Clerk of the Court shall disburse from the funds deposited with the Court the amount of $123,596.00 by check made payable to: Armstrong Teasdale LLPDepartment Number 478150 P.O. Box 790100 St. Louis, MO 63179-9933. Signed by District Judge John A. Ross on 5/16/18. (JAB)(cc: Finance Dept.)
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| Filing 440 MOTION to Exclude Rebuttal Testimony of Plaintiffs' Proffered Experts Loyd V. Allen and Richard B. Moon, and Incorporated Memorandum of Law by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A - Plaintiffs' Disclosure of Rebuttal Expert Allen, #2 Exhibit B - Plaintiffs' Disclosure of Rebuttal Expert Moon)(Smith, Christopher) |
| Receipt 4644072185 in the amount of $50000.00 for COMM REG-OTHER-BOND-COLB on behalf of HM Compounding Services, LLC (CCAM) |
| Receipt 4644072123 in the amount of $50000.00 for COMM REG-OTHER-BOND-COLB on behalf of Express Scripts, Inc. (CCAM) |
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Filing 439
ORDER: IT IS HEREBY ORDERED that the recommendation and order of the Special Master #436 is SUSTAINED, ADOPTED AND INCORPORATED HEREIN. IT IS FURTHER ORDERED that Plaintiffs are granted leave to conduct a Rule 30(b) (6) deposition of Express Scripts' corporate representative pursuant to their notice previously filed on February 13, 2018 pursuant to Fed. R. Civ. P. 30(a) (2)(A)(ii), subject to conditions. IT IS FURTHER ORDERED that: (SEE ORDER FOR DETAILS). Signed by District Judge John A. Ross on 5/2/2018. (CLO)
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Filing 438
ORDER: IT IS HEREBY ORDERED that the Amended Case Management Order issued November 13, 2017 (Doc. No. #410 ) is further amended as follows: (SEE ORDER FOR DETAILS) Dispositive Motions due by 7/30/2018. Jury Trial set for 11/19/2018 09:00 AM in Courtroom 12N before District Judge John A. Ross. Pretrial Conference set for 11/15/2018 01:30 PM in Courtroom 12N before District Judge John A. Ross. Signed by District Judge John A. Ross on 5/2/2018. (CLO)
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| Filing 437 NOTICE Order: by Special Master Stephen N. Limbaugh, Sr (Limbaugh, Stephen) |
| Filing 436 NOTICE Order: by Special Master Stephen N. Limbaugh, Sr (Limbaugh, Stephen) |
| Filing 435 NOTICE Request for Modification: by Special Master Stephen N. Limbaugh, Sr (Limbaugh, Stephen) |
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Filing 434
ORDER (Financial) - IT IS HEREBY ORDERED that the Special Master's statement of fees #432 is APPROVED. IT IS FURTHER ORDERED that within fourteen (14) days of the date of this Order, and no later than Thursday, May 10, 2018, each side shall deposit into the Registry of the Court an additional $50,000.00. ( Response to Court due by 5/10/2018.). Signed by District Judge John A. Ross on 4/26/18. (KKS)
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Filing 433
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that in accordance with the rulings herein, the Report of Special Master #427 is SUSTAINED, ADOPTED AND INCORPORATED HEREIN. IT IS FURTHER ORDERED that Plaintiffs' Motion to Compel Production and/or In Camera Review of Documents on Express Scripts' Privilege Log #361 is GRANTED in part and DENIED in part consistent with the rulings and recommendations of the Special Master as contained in Exhibits 7, 8 and 9 to the Report and incorporated by reference herein. (Doc. Nos. 427- 7, -8, -9) IT IS FINALLY ORDERED that Express Scripts shall, within seven (7) days of the date of this Order, produce to Plaintiffs unredacted copies of those documents not subject to privilege identified on the Privilege Determination Logs attached as Exhibit 7 ("Special Master Phase I"), Exhibit 8 ("Special Master Phases II-III"), and Exhibit 9 ("Special Master Phase IV") to the Special Master's Report.. Signed by District Judge John A. Ross on 4/25/18. (KKS)
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| Filing 432 SEALED DOCUMENT Invoices for Services of Special Master by Special Master Stephen N. Limbaugh, Sr. (JAB) |
| Filing 431 RESPONSE TO COURT ORDER re #429 Response to Court Order Response to Express Scripts' Objection to the Special Master's February 21, 2018 Order by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 430 MEMORANDUM Special Master's Order by Special Master Stephen N. Limbaugh, Sr. (Limbaugh, Stephen) |
| Filing 429 RESPONSE TO COURT ORDER re #427 Memorandum,, Special Master's Memorandum and Order by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 428 EXHIBITS Received: 7, 8, AND 9 by Special Master Stephen N. Limbaugh, Sr. (EXHIBITS RECEIVED IN CD FORMAT UNDER SEAL AND WILL BE MAINTAINED BY THE CLERK'S OFFICE)(KJS) |
| Filing 427 MEMORANDUM Special Master's Memorandum and Order by Special Master Stephen N. Limbaugh, Sr. (Attachments: #1 Exhibit 1 - production schedule, #2 Exhibit 2 - Phase I letter from ESI 12.8.17, #3 Exhibit 3 - revised production schedule, #4 Exhibit 4 - Phase II & III information, #5 Exhibit 5 - Phase IV information, #6 Exhibit 6 - Special Master shorthand coding menu, #7 Exhibit 7 - Special Master Privilege Determination Log Phase I, #8 Exhibit 8 - Special Master Privilege Determination Log Phase II - III, #9 Exhibit 9 - Special Master Privilege Determination Log Phase IV)(Limbaugh, Stephen) |
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Filing 426
ORDER : IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel Production and/or In Camera Review of Documents on Express Scripts' Privilege Log #361 is DENIED as moot subject to the Special Master's review. Signed by District Judge John A. Ross on 2/14/18. (KKS)
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Filing 425
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs' Corrected Motion for Substitution #416 is DENIED. termed #415 . Signed by District Judge John A. Ross on 2/14/18. (KKS)
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Filing 424
ORDER - This matter is before the Court on Plaintiffs HM Compounding Services, LLC and HMX Services, LLC's Motion to Compel Defendant Express Scripts, Inc. to Produce Documents (Doc. No. #420 ). As Plaintiffs are well aware, the Court appointed a Special Master in this case with broad authority to address and resolve the parties discovery disputes. Plaintiffs are, therefore, directed to take up their current discovery dispute with the Special Master. Plaintiffs' motion to compel #420 is HEREBY DENIED as moot subject to the Special Masters review. The parties are reminded that they may be required to deposit additional funds into the registry of the Court as and for compensation for the services of the Special Master in connection with this new discovery dispute. The Court reserves the right to reallocate the apportionment of costs if it determines a party has acted in bad faith. Signed by District Judge John A. Ross on 2/14/18. (KKS)
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| Filing 423 SURREPLY to Motion re #416 MOTION to Substitute Party And Memo of Law (Corrected) filed by Defendant Express Scripts, Inc.. (JAB) |
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Filing 422
Docket Text ORDER: Re: #421 MOTION for Leave to File a Sur-Reply Brief in Response to Plaintiff's Reply to Defendant's Opposition to Corrected Plaintiff's Motion for Substitution [Dkt. 419] by Defendant Express Scripts, Inc.. (Attachments: # 1 Exhibit A - Defendant's Sur-Reply in Response to Plaintiff's Reply)(Smith, Christopher) ; ORDERED GRANTED. Signed by District Judge John A. Ross on 2/13/18. (JAB)
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| Filing 421 MOTION for Leave to File a Sur-Reply Brief in Response to Plaintiff's Reply to Defendant's Opposition to Corrected Plaintiff's Motion for Substitution [Dkt. 419] by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A - Defendant's Sur-Reply in Response to Plaintiff's Reply)(Smith, Christopher) |
| Filing 420 MOTION to Compel Defendant to Produce Documents by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Ashe, Lawrence) |
| Filing 419 REPLY to Response to Motion re #416 MOTION to Substitute Party And Memo of Law (Corrected) filed by Plaintiff HM Compounding Services, LLC. (Ashe, Lawrence) |
| Filing 418 MEMORANDUM in Opposition re #416 MOTION to Substitute Party And Memo of Law (Corrected) filed by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A - Deposition of Spencer Malkin (Excerpts), #2 Exhibit B - New Jersey Certificate of Good Standing, #3 Exhibit C - Deposition of Barry Reiter (Excerpts))(Smith, Christopher) |
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Filing 417
ORDER: Defendant Express Scripts, Inc. shall file a response to Plaintiff's Corrected Motion for Substitution (Doc. No. #416 ) by Friday, February 9, 2018. Signed by District Judge John A. Ross on 2/6/2018. (CLO)
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| Filing 416 MOTION to Substitute Party And Memo of Law (Corrected) by Plaintiff HM Compounding Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ashe, Lawrence) |
| Filing 415 MOTION to Substitute Party and Incorporated Memorandum of Law by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ashe, Lawrence) |
| Receipt 4644069432 in the amount of $20000.00 for COMM REG-OTHER-BOND-COLB on behalf of HM Compounds Svcs and HMX Svcs (CCAM) |
| ***REMARK Registry disbursement of a civil bond in the amount of $36220.81 payable to Armstrong Teasdale LLP on 12/21/17 by US Treasury check # 79461968. (LLB) |
| Receipt 4644069292 in the amount of $20000.00 for COMM REG-OTHER-BOND-COLB on behalf of Express Scripts, Inc. (CCAM) |
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Filing 414
ORDER (Financial): IT IS HEREBY ORDERED that within fourteen (14) days of the date of this Order, each side shall deposit into the Registry of the Court an additional $20,000.00. Any funds remaining at the conclusion of the Special Masters reference will be returned to the parties subject to the terms of the Courts prior Order. Signed by District Judge John A. Ross on 12/14/2017. (CLO)
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Filing 413
ORDER (Financial): IT IS HEREBY ORDERED that the Clerk of the Court shall disburse from the funds deposited with the Court the amount of $36,220.81 by check made payable to: Armstrong Teasdale LLP Department Number 478150 P.O. Box 790100 St. Louis, MO 63179-9933 Signed by District Judge John A. Ross on 12/8/17. (JAB)(cc: Finance Dept.)
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| Filing 411 TRANSCRIPT of #407 (Hearing on the objections that were filed by Express Scripts to an order of the Special Master) held on OCTOBER 16, 2017 before Judge JOHN A. ROSS. Court Reporter/Transcriber Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985. 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 12/18/2017. Redacted Transcript Deadline set for 12/28/2017. Release of Transcript Restriction set for 2/26/2018. (KKS) |
| Filing 412 SEALED DOCUMENT: Invoices for Services of Special Master by Special Master Stephen N. Limbaugh, Sr. (JAB) |
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Filing 410
AMENDED CASE MANAGEMENT ORDER: This matter is before the Court on the parties Joint Motion to Modify the Case Management Order (Doc. No. #409 ). Upon consideration, the motion will be GRANTED. Accordingly, IT IS HEREBY ORDERED that the Case Management Order issued on July 31, 2017 (Doc. No. #386 ) is amended as follows: (SEE ORDER FOR DETAILS) ( Discovery Completion due by 5/30/2018., Dispositive Motions due by 6/14/2018., Jury Trial set for 8/27/2018 09:00 AM in Courtroom 12N before District Judge John A. Ross., Pretrial Conference set for 8/23/2018 01:30 PM in Courtroom 12N before District Judge John A. Ross.) Signed by District Judge John A. Ross on 11/13/17. (JAB)
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| Filing 409 Joint MOTION to Continue Modify the Case Management Order {Doc No. 386} by Defendant Express Scripts, Inc.. (Hellmann, Sarah) |
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Filing 408
ORDER - IT IS HEREBY ORDERED that Express Scripts' objections to the Special Master'sMemorandum and Order are OVERRULED. IT IS FURTHER ORDERED that the Special Master's Memorandum and Order, attached hereto, is CONFIRMED, ADOPTED AND INCORPORATED HEREIN. #401 . Signed by District Judge John A. Ross on 10/17/17. (Attachments: #1 Special Master's Memorandum and Order)(KKS)
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| Filing 407 Minute Entry for Oral Argument proceedings held before District Judge John A. Ross on 10/16/2017; Parties present for a hearing on defendant's objections to the Order by the Special Master. Arguments heard. Court considered the objections and ruled as stated on the record. Order to issue. (Court Reporter: Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985) (FTR Gold: No) (KKS) |
| Filing 406 RESPONSE TO COURT ORDER re #403 Scheduling Order, by Plaintiff HMX Services, LLC, Counter Defendant HMX Services, LLC. (Ulrich, Tyler) |
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Filing 405
Docket Text ORDER: Re: #404 MOTION for Leave to Appear by Telephone filed by HM Compounding Services, LLC, HMX Services, LLC; GRANTED - SO ORDERED. **Counsel to use call in line 877-810-9415 with access code 7519116.** Signed by District Judge John A. Ross on 10/11/17. (KJS)
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| Filing 404 MOTION for Leave to Appear by Telephone by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
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Filing 403
ORDER: IT IS HEREBY ORDERED that Plaintiffs HM Compounding Services, LLC, and HMX Services, LLC, shall file any response to Express Scripts' Objection on or before Friday, October 13, 2017, at 3:00 p.m. IT IS FURTHER ORDERED that the matter is set for a hearing on Monday, October 16, 2017, at 3:00 p.m. in Courtroom 12 North. Signed by District Judge John A. Ross on 10/11/2017. (CLO)
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| Filing 402 DECLARATION filed by Defendant Express Scripts, Inc. re #401 Memorandum, Express Scripts' Objection to the Special Master's October 2, 2017 Order. (Smith, Christopher) |
| Filing 401 MEMORANDUM Express Scripts' Objection to the Special Master's October 2, 2017 Order by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit Ex. A - 2017-09-15 Letter to the Hon Stephen N. Limbaugh, Sr.)(Smith, Christopher) |
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Filing 400
ORDER: Due to a number of circumstances beyond the control of the parties, the Court is aware that the deadline for submission of the Special Master's report to the Court may need to be adjusted. Should additional time be required, the Special Master may file a request for the Courts consideration. Signed by District Judge John A. Ross on 9/21/2017. (CLO)
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Filing 399
Docket Text ORDER: Re: #398 MOTION for Leave to Appear Pro Hac Vice Andrew S. Brenner. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6122414) by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: # 1 Certificate of Good Standing)(Brenner, Andrew) ; ORDERED GRANTED. Signed by District Judge John A. Ross on 8/30/2017. (CLO)
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| Filing 398 MOTION for Leave to Appear Pro Hac Vice Andrew S. Brenner. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6122414) by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Certificate of Good Standing)(Brenner, Andrew) |
| Receipt 4644066829 in the amount of $25,000.00 for COMM REG-Other-Bond-COLB on behalf of HM Compounding Svcs/Express Scripts (JAB) |
| Receipt 4644066828 in the amount of $25000.00 for COMM REG-OTHER-BOND-COLB on behalf of Boies Schiller Flexner LLP (CCAM) |
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Filing 397
Docket Text ORDER: GRANTING #392 MOTION to Withdraw as Attorney ;attorney/firm Clifford H. Aronson, James Keyte, Robert Fumerton, Matthew M. Martino, Peter Julian, Michael J. Sheerin, and Evan R. Kreiner and the law firm of Skadden, Arps, Slate, Meagher & Flom LLP by Defendant Express Scripts, Inc.. ; Attorney Peter S. Julian; James A. Keyte; Evan R. Kreiner; Matthew Michael Martino; Michael J. Sheerin; Clifford H. Aronson and Robert A. Fumerton terminated.. Signed by District Judge John A. Ross on 8/16/17. (KKS)
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Filing 396
Docket Text ORDER granting #393 Motion for Leave to Appear Pro Hac Vice as to Eric C. Lyttle ; granting #394 Motion for Leave to Appear Pro Hac Vice as to Michael J. Lyle ; granting #395 Motion for Leave to Appear Pro Hac Vice as to Meghan M. McCaffrey Signed by District Judge John A. Ross on 8/16/17. (KKS) Modified text on 8/17/2017 (KKS).
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| Filing 395 MOTION for Leave to Appear Pro Hac Vice Meghan M. McCaffrey. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6100750) by Defendant Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing)(McCaffrey, Meghan) |
| Filing 394 MOTION for Leave to Appear Pro Hac Vice Michael J. Lyle. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6100723) by Defendant Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing)(Lyle, Michael) |
| Filing 393 MOTION for Leave to Appear Pro Hac Vice Eric C. Lyttle. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6100690) by Defendant Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing)(Lyttle, Eric) |
| Filing 392 MOTION to Withdraw as Attorney ;attorney/firm Clifford H. Aronson, James Keyte, Robert Fumerton, Matthew M. Martino, Peter Julian, Michael J. Sheerin, and Evan R. Kreiner and the law firm of Skadden, Arps, Slate, Meagher & Flom LLP by Defendant Express Scripts, Inc.. (Keyte, James) |
| Filing 391 TRANSCRIPT of #379 held on 7/11/2017 before Judge John A. Ross. Court Reporter/Transcriber Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985. 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 9/5/2017. Redacted Transcript Deadline set for 9/14/2017. Release of Transcript Restriction set for 11/13/2017. (CLO) |
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Filing 390
MEMORANDUM AND ORDER / Order (Financial) - (SEE ORDER FOR PARTICULARS) IT IS HEREBY ORDERED that Stephen N. Limbaugh, Sr., is appointed as Special Master to resolve the parties' outstanding discovery issues, including, but not limited to, the manner and method of completing an in camera review of the documents on Express Scripts' privilege log. ; The Special Master shall report to the Court on all matters within his jurisdiction within sixty (60) days of the date of this Memorandum and Order or upon such other schedule as the Special Master requires and serve a copy of his report on each party consistent with Fed. R. Civ. P. 53.; (SEE ORDER FOR PARTICULARS) Given the extensive scope of the discovery disputes and the time required to address them, the Court has determined it necessary to order each side to deposit into the Registry of the Court, within ten (10) days of the date of this Order, the sum of $25,000.00 as and for compensation for the fees and other costs incurred by the Special Master in connection with this reference. At the conclusion of this reference, any funds remaining will be returned to the respective parties. The Court reserves the right to reallocate the apportionment of costs if the Court determines a party has acted in bad faith. (SEE ORDER FOR PARTICULARS) Status Report due by 10/13/2017. (Special Master Stephen N Limbaugh Sr. received notification via CM/ECF). Signed by District Judge John A. Ross on 8/14/17. (KKS)
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| Filing 389 AFFIDAVIT of Stephen N. Limbaugh, Sr. as Special Master by Movant Stephen N. Limbaugh, Sr. (Limbaugh, Stephen) |
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Filing 388
Docket Text ORDER: Re: #376 MOTION for Leave to File Sealed Document by Plaintiff HM Compounding Services, LLC. (Ulrich, Tyler) ; ORDERED GRANTED. Signed by District Judge John A. Ross on 8/8/2017. (CLO)
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| Filing 387 NOTICE Suggested Candidates for Special Master Pursuant to Rule 53(b)(1): by Defendant Express Scripts, Inc. (Smith, Christopher) |
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Filing 386
CASE MANAGEMENT ORDER (SEE ORDER FOR PARTICULARS) This case is assigned to TRACK 2; Fact discovery no later than February 26, 2018 and all expert discovery no later than April 30, 2018. Dispositive Motions due by 5/14/2018. Jury Trial set for 8/27/2018 09:00 AM in Courtroom 12N before District Judge John A. Ross. Pretrial Conference set for 8/23/2018 01:30 PM in Courtroom 12N before District Judge John A. Ross.. Signed by District Judge John A. Ross on 7/31/17. (KKS)
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Filing 385
SCHEDULING ORDER: Given the scope and extent of the discovery disputes in this case, and after giving the parties every opportunity to limit those disputes, the Court believes the appointment of a Special Master is necessary to resolve the outstanding discovery issues. Unsolicited, Plaintiff has submitted a list of suggested candidates for Special Master for the Courts consideration (Doc. No. #384 ). If Defendant wishes to do so, Defendant must submit its list of possible candidates by the end of business on Wednesday, August 2, 2017. The Court will make the final determination regarding the selection of a Special Master and issue an appropriate order. Response to Court due by 8/2/2017.. Signed by District Judge John A. Ross on 7/31/17. (KKS)
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| Filing 384 NOTICE Suggested Candidates for Special Master Pursuant to Rule 53(b)(1): by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC (Ashe, Lawrence) |
| Filing 383 STATUS REPORT on Discovery Issues by Express Scripts, Inc.. (Attachments: #1 Exhibit A - July 13, 2017 Email from C. Smith, #2 Exhibit B - July 18, 2017 Email from C. Smith)(Smith, Christopher) |
| Filing 382 STATUS REPORT on Discovery Issues by HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A)(Ashe, Lawrence) |
| Filing 381 JOINT SCHEDULING PLAN by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. Proposed. (Ashe, Lawrence) |
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Filing 380
ORDER: IT IS HEREBY ORDERED that the parties shall, within ten (10) days of the date of this Order, resubmit a Joint Proposed Scheduling Plan to accommodate the trial setting of August 27, 2018. IT IS FURTHER ORDERED that within ten (10) days of the date of this Order, the parties shall meet and confer on discovery issues and Express Scripts privilege log and submit a status report to the Court. As part of that status report, the parties shall also respond and raise any objection to the Courts intent to appoint a Special Master under Federal Rule of Civil Procedure 53 in the event they are unable to resolve the outstanding discovery issues. Signed by District Judge John A. Ross on 7/11/17. (JAB)
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| Filing 379 Minute Entry for proceedings held before District Judge John A. Ross: Discussion held regarding the parties Joint Proposed Scheduling Plan (doc #354 ) and arguments heard from both parties on plaintiff's sealed Motion to Compel (doc #361 ). Order to follow. (Court Reporter:Lisa Paczkowski) (FTR Gold: No) (JAB) |
| Filing 378 DECLARATION filed by Plaintiff HM Compounding Services, LLC re #377 Reply to Response to Motion (SEALED), Declaration of Tyler Ulrich. (Ulrich, Tyler) |
| Filing 377 REPLY to Response to Motion re #376 MOTION for Leave to File Sealed Document , #361 SEALED MOTION TO COMPEL PRODUCTION AND/OR IN CAMERA REVIEW OF DOCUMENTS ON EXPRESS SCRIPTS' PRIVILEGE LOG filed by Plaintiff HM Compounding Services, LLC. (Attachments: #1 Exhibit A)(Ulrich, Tyler) |
| Filing 376 MOTION for Leave to File Sealed Document by Plaintiff HM Compounding Services, LLC. (Ulrich, Tyler) |
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Filing 375
Docket Text ORDER: GRANTING #374 MOTION for Leave to Appear Pro Hac Vice Kristina Infante by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC.. Signed by District Judge John A. Ross on 7/7/17. (KKS)
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| Filing 374 MOTION for Leave to Appear Pro Hac Vice Kristina Infante. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-6037747) by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Certificate of Good Standing)(Infante, Kristina) |
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Filing 373
Docket Text ORDER: Re: #360 MOTION for Leave to File Sealed Motion by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ulrich, Tyler) ; ORDERED GRANTED. Signed by District Judge John A. Ross on 7/6/2017. (CLO)
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Filing 372
Docket Text ORDER: Re: #371 MOTION for Extension of Time to File Response/Reply as to #366 Memorandum in Opposition to Motion, by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ulrich, Tyler) ; ORDERED GRANTED( Response to Court due by 7/7/2017.) Signed by District Judge John A. Ross on 7/6/2017. (CLO)
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| Filing 371 MOTION for Extension of Time to File Response/Reply as to #366 Memorandum in Opposition to Motion, by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ulrich, Tyler) |
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Filing 370
ORDER: This matter is before the Court on Plaintiffs' Motion to Appear by Telephone (Doc. No. #369 ) at the motion hearing scheduled for July 11, 2017. In light of the important discovery issues and scheduling matters involved, the Court believes it is important to have counsel present in person to address those issues. Accordingly, Plaintiffs motion will be DENIED. If counsel is unavailable to attend the hearing on July 11, then counsel may submit three alternate dates for the Court's consideration. Signed by District Judge John A. Ross on 6/30/2017. (CLO)
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| Filing 369 MOTION for Leave to Appear by Telephone by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
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Filing 368
Docket Text ORDER: Re: #365 MOTION for Leave to File Sealed Document by Defendant Express Scripts, Inc.. (Smith, Christopher) ; ORDERED GRANTED. Signed by District Judge John A. Ross on 6/27/2017. (CLO)
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| Filing 367 SEALED DOCUMENT re #366 Memorandum in Opposition to Motion, [Declaration of Sarah C. Hellmann] by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A - Produced Emails)(Smith, Christopher) |
| Filing 366 MEMORANDUM in Opposition re #361 SEALED MOTION TO COMPEL PRODUCTION AND/OR IN CAMERA REVIEW OF DOCUMENTS ON EXPRESS SCRIPTS' PRIVILEGE LOG filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 365 MOTION for Leave to File Sealed Document by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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Filing 364
ORDER - IT IS HEREBY ORDERED that Defendant's Unopposed Motion to Continue Hearing and for Extension of Time to File Opposition to Plaintiffs' Motion to Compel Production and/or In Camera Review of Documents on Express Scripts' Privilege Log #363 is GRANTED. IT IS FURTHER ORDERED that the hearing scheduled for June 27, 2017 is continued to Tuesday, July 11, 2017 at 2:00 p.m. in Courtroom 12N. IT IS FINALLY ORDERED that Defendant shall file its opposition to Plaintiff's motion to compel production and/or in camera review no later than Monday, June 26, 2017. ( Motion Hearing set for 7/11/2017 02:00 PM in Courtroom 12N before District Judge John A. Ross., Response to Court due by 6/26/2017.). Signed by District Judge John A. Ross on 6/14/17. (KKS)
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| Filing 363 MOTION to Continue Hearing and For Extension of Time to File Opposition to Plaintiffs' Motion to Compel Production And/Or In Camera Review of Documents on Express Scripts' Privilege Log by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1 - Email Between Counsel)(Hellmann, Sarah) |
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Filing 362
SCHEDULING ORDER: IT IS HEREBY ORDERED that a hearing on Plaintiffs' Motion to Compel Production and/or In Camera Review of Documents on Express Scripts' Privilege Log (Doc. No. #361 ) is set for Tuesday, June 27, 2017 at 4:00 p.m. in Courtroom 12N. At that time the Court will also address the parties' Joint Proposed Scheduling Plan (Doc. No. #354 ). Motion Hearing set for 6/27/2017 04:00 PM in Courtroom 12N before District Judge John A. Ross.. Signed by District Judge John A. Ross on 6/13/17. (KKS)
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ORDER RECEIPT: (see receipt) Docket No: 362. Mailed to party not set up for electronic notification. Tue Jun 13 16:27:41 CDT 2017 (Stamm, Katie)
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| Filing 361 SEALED MOTION TO COMPEL PRODUCTION AND/OR IN CAMERA REVIEW OF DOCUMENTS ON EXPRESS SCRIPTS' PRIVILEGE LOG by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Ulrich, Tyler) |
| Filing 360 MOTION for Leave to File Sealed Motion by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ulrich, Tyler) |
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Filing 359
Docket Text ORDER: Re: #358 MOTION for Leave to Appear Pro Hac Vice Robert A. Fumerton. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5988799) by Defendant Express Scripts, Inc.. (Attachments: # 1 Certificate of Good Standing)(Fumerton, Robert) ; ORDERED GRANTED. Signed by District Judge John A. Ross on 6/7/2017. (CLO)
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ORDER RECEIPT: (see receipt) Docket No: 359. Mailed to party not set up for electronic notification. Wed Jun 7 10:34:40 CDT 2017 (Olliges, Chelsea)
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ORDER RECEIPT: (see receipt) Docket No: 357. Mailed to party not set up for electronic notification. Wed Jun 7 08:44:13 CDT 2017 (Olliges, Chelsea)
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| Filing 358 MOTION for Leave to Appear Pro Hac Vice Robert A. Fumerton. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5988799) by Defendant Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing)(Fumerton, Robert) |
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Filing 357
Docket Text ORDER: Re: #355 MOTION for Leave to Appear Pro Hac Vice Matthew M. Martino filed by Express Scripts, Inc., #356 MOTION for Leave to Appear Pro Hac Vice Evan R. Kreiner filed by Express Scripts, Inc. ; ORDERED GRANTED. Signed by District Judge John A. Ross on 6/6/17. (KXS)
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| Filing 356 MOTION for Leave to Appear Pro Hac Vice Evan R. Kreiner. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5987706) by Defendant Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing)(Kreiner, Evan) |
| Filing 355 MOTION for Leave to Appear Pro Hac Vice Matthew M. Martino. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5987674) by Defendant Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing)(Martino, Matthew) |
| Filing 354 JOINT SCHEDULING PLAN by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. . (Ulrich, Tyler) |
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Filing 353
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Defendant Express Scripts, Inc.'s Motion for Reconsideration #345 is DENIED. IT IS FURTHER ORDERED that the parties shall resubmit their Joint Proposed Scheduling Plan with amended dates no later than Tuesday, May 30, 2017. ( Joint Scheduling Plan due by 5/30/2017.). Signed by District Judge John A. Ross on 5/16/17. (KKS)
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ORDER RECEIPT: (see receipt) Docket No: 353. Mailed to party not set up for electronic notification. Tue May 16 11:36:21 CDT 2017 (Stamm, Katie)
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| Filing 352 REPLY to Response to Motion re #345 MOTION for Reconsideration re #340 Memorandum & Order,, filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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Filing 351
ORDER : IT IS HEREBY ORDERED that Defendant shall have until Friday, March 31, 2017 to file its reply brief on its motion for reconsideration. #350 MOTION to Clarify 348 Docket Text Order, Set Deadlines/Hearings,, filed by Express Scripts, Inc. ( Response to Court due by 3/31/2017.) re: #345 . Signed by District Judge John A. Ross on 3/20/17. (KKS)
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| Filing 350 MOTION to Clarify 348 Docket Text Order, Set Deadlines/Hearings,, by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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ORDER RECEIPT: (see receipt) Docket No: 351. Mailed to party not set up for electronic notification. Mon Mar 20 16:07:12 CDT 2017 (Stamm, Katie)
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| Filing 349 RESPONSE in Opposition re #345 MOTION for Reconsideration re #340 Memorandum & Order,, filed by Plaintiff HM Compounding Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ulrich, Tyler) |
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ORDER RECEIPT: (see receipt) Docket No: 348. Mailed to party not set up for electronic notification Mon Mar 13 08:35:19 CDT 2017 (Bernsen, John)
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Filing 348
Docket Text ORDER: Re: #347 MOTION for Extension of Time to File Response/Reply as to #345 MOTION for Reconsideration re #340 Memorandum & Order,, by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) ; ORDERED GRANTED, ( Response to Court due by 3/17/2017.) Signed by District Judge John A. Ross on 3/10/17. (JAB)
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| Filing 347 MOTION for Extension of Time to File Response/Reply as to #345 MOTION for Reconsideration re #340 Memorandum & Order,, by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 346 MEMORANDUM in Support of Motion re #345 MOTION for Reconsideration re #340 Memorandum & Order,, filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 345 MOTION for Reconsideration re #340 Memorandum & Order,, by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 344 JOINT SCHEDULING PLAN by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. . (Ulrich, Tyler) |
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Filing 343
Order: Following a conference with counsel, the parties are hereby directed to submit a joint proposed scheduling plan within ten (10) days from the date of this Order. Signed by District Judge John A. Ross on 2/22/2017. (CLO)
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ORDER RECEIPT: (see receipt) Docket No: 343. Mailed to party not set up for electronic notification. Wed Feb 22 15:31:11 CST 2017 (Olliges, Chelsea)
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| Filing 342 NOTICE by Defendant Express Scripts, Inc. re #340 Memorandum & Order,, of Intent to Appear in Person and by Telephone (Smith, Christopher) |
| Filing 341 NOTICE by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC re #340 Memorandum & Order,, of Intent to Appear by Telephone (Ashe, Lawrence) |
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Filing 340
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Motion for Partial Summary Judgment [ #192 ] is DENIED. IT IS FURTHER ORDERED that Plaintiffs Motion to Strike Portions of John Gavins Declaration Submitted by Defendant [ #312 ] is GRANTED in part and DENIED in part. IT IS FINALLY ORDERED that this matter is set for a scheduling conference on Wednesday, February 22, 2017 at 2:30 p.m. in the chambers of the undersigned. Counsel may participate by telephone after filing a notice with the Court. Signed by District Judge John A. Ross on 2/3/17. (JAB)
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ORDER RECEIPT: (see receipt) Docket No: 340. Mailed to party not set up for electronic notification Fri Feb 3 11:55:49 CST 2017 (Bernsen, John)
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| Filing 339 TRANSCRIPT of #337 (MOTION HEARING) held on NOVEMBER 18, 2016 before Judge JOHN A. ROSS. Court Reporter/Transcriber Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985. 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 1/25/2017. Redacted Transcript Deadline set for 2/6/2017. Release of Transcript Restriction set for 4/4/2017. (KKS) |
| Filing 338 TRANSCRIPT ORDER REQUEST for #337 (MOTION HEARING) by HM Compounding Services, LLC for proceedings held on 11/18/2016 court reporter Lisa Paczkowski before Judge John A. Ross. (CLO)(Forwarded to Court Reporter) |
| Filing 337 Minute Entry for proceedings held before District Judge John A. Ross: Motion Hearing held on 11/18/2016. Parties present for oral argument hearing on #192 Motion for Partial Summary Judgment. Arguments heard from both sides. Matter taken under submission.(Court Reporter:Lisa Paczkowski) (FTR Gold: No) (CLO) |
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ORDER RECEIPT: (see receipt) Docket No: 335,336. Mailed to party not set up for electronic notification Thu Oct 6 09:42:29 CDT 2016 (Bernsen, John)
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Filing 336
ORDER: IT IS HEREBY ORDERED that Defendants Request for Oral Argument on Defendants Motion for Partial Summary Judgment [ #334 ] is GRANTED. Oral argument is scheduled for Friday, November 18, 2016 at 1:30 p.m. in the courtroom of the undersigned. Signed by District Judge John A. Ross on 9/30/16. (JAB)
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Filing 335
Docket Text ORDER: Re: #329 MOTION for Leave to File Sealed Document (Response and Exhibits I-N to #303 Plaintiffs' Statement of Additional Material Facts) by Defendant Express Scripts, Inc.. (Smith, Christopher), #332 MOTION for Leave to File Sealed Document (Exhibits O through R to Declaration #331 ) by Defendant Express Scripts, Inc.. (Smith, Christopher), #327 MOTION for Leave to File in Excess of Page Limitation by Defendant Express Scripts, Inc.. (Smith, Christopher) ; ORDERED GRANTED. Signed by District Judge John A. Ross on 9/30/16. (JAB)
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| Filing 334 MOTION for Hearing re #192 MOTION for Partial Summary Judgment by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 333 SEALED DOCUMENT re #331 Declaration, #192 MOTION for Partial Summary Judgment , #332 MOTION for Leave to File Sealed Document (Exhibits O through N to Declaration #331 ) (Exhibits O through R to #331 ) by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit O, #2 Exhibit P (Part 1), #3 Exhibit P (Part 2), #4 Exhibit P (Part 3), #5 Exhibit P (Part 4), #6 Exhibit P (Part 5), #7 Exhibit P (Part 6), #8 Exhibit P (Part 7), #9 Exhibit P (Part 8), #10 Exhibit Q, #11 Exhibit R)(Smith, Christopher) |
| Filing 332 MOTION for Leave to File Sealed Document (Exhibits O through R to Declaration #331 ) by Defendant Express Scripts, Inc.. (Smith, Christopher) Modified on 9/30/2016 (JAB). |
| Filing 331 DECLARATION filed by Defendant Express Scripts, Inc. re #192 MOTION for Partial Summary Judgment . (Attachments: #1 Exhibit O, #2 Exhibit P, #3 Exhibit Q, #4 Exhibit R)(Smith, Christopher) |
| Filing 330 SEALED DOCUMENT re #329 MOTION for Leave to File Sealed Document (Response and Exhibits I-N to #303 Plaintiffs' Statement of Additional Material Facts) and #192 MOTION for Partial Summary Judgment by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit I, #2 Exhibit J, #3 Exhibit K, #4 Exhibit L, #5 Exhibit M, #6 Exhibit N)(Smith, Christopher) |
| Filing 329 MOTION for Leave to File Sealed Document (Response and Exhibits I-N to #303 Plaintiffs' Statement of Additional Material Facts) by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 328 REPLY to Response to Motion re #192 MOTION for Partial Summary Judgment filed by Defendant Express Scripts, Inc.. (Attachments: #1 Appendix A)(Smith, Christopher) |
| Filing 327 MOTION for Leave to File in Excess of Page Limitation by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 326 EXHIBIT Received: AUDIO RECORDING CD re: #325 by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC.. (forwarded to file room for placement in an expandable folder)(KKS) |
| Filing 325 NOTICE of Filing Exhibit with the Clerk's Office in paper format by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC re #304 Declaration, #301 Response in Opposition to Motion, (Attachments: #1 Exhibit Audio File)(Ashe, Lawrence) |
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Filing 324
ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Leave to Serve Requests for Admissions Regarding Authenticity of Summary Judgment Exhibits #320 is DENIED. Signed by District Judge John A. Ross on 9/22/2016. (CLO)
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ORDER RECEIPT: (see receipt) Docket No: 324. Mailed to party not set up for electronic notification. Thu Sep 22 14:42:56 CDT 2016 (Olliges, Chelsea)
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| Filing 323 REPLY to Response to Motion re #320 MOTION for Leave to Serve Requests for Admissions Regarding Authenticity of Summary Judgment Exhibits filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A)(Ulrich, Tyler) |
| Filing 322 RESPONSE in Opposition re #320 MOTION for Leave to Serve Requests for Admissions Regarding Authenticity of Summary Judgment Exhibits filed by Defendant Express Scripts, Inc.. (Attachments: #1 Declaration of Christopher Smith)(Smith, Christopher) |
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Filing 321
ORDER: IT IS HEREBY ORDERED that Defendant Express Scripts, Inc. shall file a response to Plaintiffs Motion for Leave to Serve Requests for Admissions Regarding Authenticity of Summary Judgment Exhibits (Doc. No. 320) within five (5) days of the date of this Order and no later than Wednesday, September 14, 2016. Signed by District Judge John A. Ross on 9/9/16. (JAB)
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ORDER RECEIPT: (see receipt) Docket No: 321. Mailed to party not set up for electronic notification Fri Sep 9 11:11:04 CDT 2016 (Bernsen, John)
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| Filing 320 MOTION for Leave to Serve Requests for Admissions Regarding Authenticity of Summary Judgment Exhibits by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A)(Ulrich, Tyler) |
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Filing 319
ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Leave to File Under Seal #317 is GRANTED. Signed by District Judge John A. Ross on 8/29/2016. (CLO)
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| Filing 318 SEALED DOCUMENT re #317 MOTION for Leave to File Sealed Document Reply to Defendant's Memorandum of Law in Opposition to Plaintiffs' Motion to Strike Portions of John Gavin's Declaration by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit 1)(Davis, Steven) |
| Filing 317 MOTION for Leave to File Sealed Document by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Davis, Steven) |
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ORDER RECEIPT: (see receipt) Docket No: 319. Mailed to party not set up for electronic notification. Mon Aug 29 15:11:21 CDT 2016 (Olliges, Chelsea)
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Filing 316
Docket Text Order: ORDERED GRANTING #314 MOTION for Leave to File in Excess of Page Limitation by Defendant Express Scripts, Inc... Signed by District Judge John A. Ross on 8/22/16. (KKS)
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ORDER RECEIPT: (see receipt) Docket No: 316. Mailed to party not set up for electronic notification. Mon Aug 22 11:51:08 CDT 2016 (Stamm, Katie)
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| Filing 315 MEMORANDUM in Opposition re #312 SEALED MOTION to Strike Declaration of John Gavin Defendant's Memorandum of Law in Opposition to Plaintiffs' Motion to Strike Portions of John Gavin's Declaration filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 314 MOTION for Leave to File in Excess of Page Limitation by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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Filing 313
Docket Text ORDER: Re: #311 MOTION for Leave to File Sealed Motion to Strike Declaration of John Gavin by Plaintiff HM Compounding Services, LLC. (Ulrich, Tyler) filed by HM Compounding Services, LLC ; ORDERED GRANTED. Signed by District Judge John A. Ross on 8/12/2016. (CLO)
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ORDER RECEIPT: (see receipt) Docket No: 313. Mailed to party not set up for electronic notification. Fri Aug 12 14:30:15 CDT 2016 (Olliges, Chelsea)
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| Filing 312 SEALED MOTION to Strike Declaration of John Gavin by Plaintiff HM Compounding Services, LLC. (Attachments: #1 Exhibit A)(Ulrich, Tyler) |
| Filing 311 MOTION for Leave to File Sealed Motion to Strike Declaration of John Gavin by Plaintiff HM Compounding Services, LLC. (Ulrich, Tyler) |
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Filing 310
Docket Text ORDER: GRANTING #309 MOTION for Extension of Time to File Response/Reply as to #192 MOTION for Partial Summary Judgment by Defendant Express Scripts, Inc.. ( Response to Court due by 9/29/2016.). Signed by District Judge John A. Ross on 8/9/16. (KKS)
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| Filing 309 MOTION for Extension of Time to File Response/Reply as to #192 MOTION for Partial Summary Judgment by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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ORDER RECEIPT: (see receipt) Docket No: 310. Mailed to party not set up for electronic notification. Tue Aug 9 13:01:31 CDT 2016 (Stamm, Katie)
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ORDER RECEIPT: (see receipt) Docket No: 308. Mailed to party not set up for electronic notification. Mon Aug 8 12:49:48 CDT 2016 (Stamm, Katie)
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ORDER RECEIPT: (see receipt) Docket No: 307. Mailed to party not set up for electronic notification. Mon Aug 8 11:59:21 CDT 2016 (Stamm, Katie)
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Filing 308
Docket Text ORDER: Re: #297 MOTION for Leave to File Sealed Document by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ulrich, Tyler) filed by HM Compounding Services, LLC, HMX Services, LLC ; ORDERED DENIED AS MOOT. Signed by District Judge John A. Ross on 8/5/2016. (CLO)
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Filing 307
Docket Text ORDER: Re: #305 MOTION for Leave to File Sealed Document by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ulrich, Tyler) (Main Document 305 replaced to correct certificate of service on 8/5/2016) (CLO). filed by HM Compounding Services, LLC, HMX Services, LLC, #302 MOTION for Leave to File Sealed Motion by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ulrich, Tyler) (Main Document 302 replaced to correct certificate of service on 8/5/2016) (CLO). filed by HM Compounding Services, LLC, HMX Services, LLC ; ORDERED GRANTED. Signed by District Judge John A. Ross on 8/5/2016. (CLO)
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| Filing 306 SEALED DOCUMENT re #304 Declaration, #305 MOTION for Leave to File Sealed Document , #301 Response in Opposition to Motion, by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit B, #2 Exhibit C, #3 Exhibit D, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 4)(Ulrich, Tyler) |
| Filing 305 MOTION for Leave to File Sealed Document by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ulrich, Tyler) (Main Document 305 replaced to correct certificate of service on 8/5/2016) (CLO). |
| Filing 304 DECLARATION filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC re #301 Response in Opposition to Motion, . (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Ulrich, Tyler) |
| Filing 303 SEALED DOCUMENT re #302 MOTION for Leave to File Sealed Motion , #192 MOTION for Partial Summary Judgment by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24)(Ulrich, Tyler) (Main Document 303 replaced on 8/4/2016 to correct attorney filing error) (JAB). (Attachment 16 replaced on 8/5/2016) (CLO). |
| Filing 302 MOTION for Leave to File Sealed Motion by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ulrich, Tyler) (Main Document 302 replaced to correct certificate of service on 8/5/2016) (CLO). |
| Filing 301 RESPONSE in Opposition re #192 MOTION for Partial Summary Judgment filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Ulrich, Tyler) |
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ORDER RECEIPT: (see receipt) Docket No: 300. Mailed to party not set up for electronic notification. Wed Aug 3 10:12:38 CDT 2016 (Olliges, Chelsea)
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Filing 300
ORDER : Upon the Court's review of its file in this matter and the recent filings, the Court finds that personal data identifiers have been included in documents filed with the Court in contravention of the Local Rules of the United States District Court for the Eastern District of Missouri. Accordingly, IT IS HEREBY ORDERED that Plaintiffs Opposition to Defendant's Motion for Partial Summary Judgment (Doc. No. 294), Declaration of Spencer Malkin (Doc. No. 295), and Response to Defendants' Statement of Undisputed Material Facts (Doc. No. 296), together with all attached exhibits, be stricken in their entirety and returned to Plaintiff to be refiled in proper form in accordance with the Local Rules of the United States District Court for the Eastern District of Missouri and the parties' Stipulated Protective Order. 296 Response to Statement of Material Facts,, filed by HM Compounding Services, LLC, 294 Memorandum in Opposition to Motion filed by HM Compounding Services, LLC, 295 Declaration, filed by HM Compounding Services, LLC. Signed by District Judge John A. Ross on 8/2/16. (KKS)
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Filing 299
Docket Text ORDER: GRANTING #293 MOTION for Leave to File in Excess of Page Limitation by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC.. Signed by District Judge John A. Ross on 8/2/16. (KKS)
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| Filing 298 SEALED DOCUMENT re 296 Response to Statement of Material Facts,, 295 Declaration, by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Ulrich, Tyler) |
| Filing 297 MOTION for Leave to File Sealed Document by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ulrich, Tyler) |
| Filing 296 (STRICKEN per #300 ) RESPONSE to Statement of Material Facts re #195 Statement of Material Facts filed by Plaintiff HM Compounding Services, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24)(Ulrich, Tyler) Modified on 8/2/2016 (KKS). |
| Filing 295 (STRICKEN per #300 ) DECLARATION filed by Plaintiff HM Compounding Services, LLC re 294 Memorandum in Opposition to Motion . (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Ulrich, Tyler) Modified on 8/2/2016 (KKS). |
| Filing 294 (STRICKEN per #300 ) MEMORANDUM in Opposition re #192 MOTION for Partial Summary Judgment filed by Plaintiff HM Compounding Services, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ulrich, Tyler) Modified on 8/2/2016 (KKS). |
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ORDER RECEIPT: (see receipt) Docket No: 299. Mailed to party not set up for electronic notification. Tue Aug 2 12:12:43 CDT 2016 (Stamm, Katie)
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| Filing 293 MOTION for Leave to File in Excess of Page Limitation by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ulrich, Tyler) |
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ORDER RECEIPT: (see receipt) Docket No: 292. Mailed to party not set up for electronic notification. Sun Jul 24 19:50:25 CDT 2016 (Stamm, Katie)
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Filing 292
Docket Text ORDER: Re: #291 MOTION for Extension of Time to File Response/Reply by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: # 1 Proposed Order)(Ashe, Lawrence) filed by HM Compounding Services, LLC, HMX Services, LLC ; ORDERED GRANTED, ( Response to Court due by 8/1/2016.). Signed by District Judge John A. Ross on 7/21/2016. (CLO)
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| Filing 291 MOTION for Extension of Time to File Response/Reply by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Proposed Order)(Ashe, Lawrence) |
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Filing 290
Docket Text ORDER: Re: #289 MOTION for Leave to Appear Pro Hac Vice Tyler E. Ulrich. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5475524) by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. Ulrich, Tyler) ; ORDERED GRANTED. Signed by District Judge John A. Ross on 7/5/16. (JAB)
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| Filing 289 MOTION for Leave to Appear Pro Hac Vice Tyler E. Ulrich. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5475524) by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Certificate of Good Standing)(Ulrich, Tyler) |
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ORDER RECEIPT: (see receipt) Docket No: 290. Mailed to party not set up for electronic notification Tue Jul 5 15:06:19 CDT 2016 (Bernsen, John)
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| Filing 288 TRANSCRIPT of #273 (STATUS CONFERENCE) held on 3/24/16 before Judge Ross. Court Reporter/Transcriber Lisa Paczkowski, Lisa_Paczkowski@moed.uscourts.gov, 314-244-7985. 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 7/15/2016. Redacted Transcript Deadline set for 7/25/2016. Release of Transcript Restriction set for 9/22/2016. (JAB) |
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Filing 287
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Extension of Time to Take Depositions and Respond to Defendant Express Scripts, Inc.'s Motion for Summary Judgment #286 is GRANTED.. Signed by District Judge John A. Ross on 5/24/16. (KKS)
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ORDER RECEIPT: (see receipt) Docket No: 287. Mailed to party not notified electronically. Tue May 24 15:34:14 CDT 2016 (Stamm, Katie)
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| Filing 286 MOTION for Extension of Time to File Response/Reply as to #285 Memorandum & Order, by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
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ORDER RECEIPT: (see receipt) Docket No: 285. Mailed to party not set up for electronic notification Mon May 9 10:13:47 CDT 2016 (Bernsen, John)
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Filing 285
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel Defendant Express Scripts, Inc. to Produce Documents #235 is GRANTED in part in accordance with the rulings herein. IT IS FURTHER ORDERED that Defendant Express Scripts, Inc.'s Motion for Reconsideration #236 is DENIED without prejudice. IT IS FINALLY ORDERED that Plaintiffs' Motion for Relief Pursuant to Rule 56 (d) #259 is DENIED.. Signed by District Judge John A. Ross on 5/6/16. (KKS)
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| Filing 284 REPLY to Response to Motion re #235 SEALED MOTION to Compel Production of Documents filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 283 MEMORANDUM re #280 Memorandum Defendant's Memorandum in Response to Plaintiffs' Memorandum by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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Filing 282
Docket Text ORDER Re: #279 CORRECTED Motion for Leave to File Sealed Document Exhibit B by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC; ORDERED GRANTED. Signed by District Judge John A. Ross on 3/31/2016. (KMS)
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ORDER RECEIPT: (see receipt) Docket No: 282. sent to parties not set up for electronic notification Thu Mar 31 14:37:14 CDT 2016 (Scheele, Kara)
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| Filing 281 SEALED DOCUMENT re #280 Memorandum Corrected Exhibit B to Discovery Plan by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 280 MEMORANDUM re #274 Scheduling Order, Corrected Discovery Plan by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit Corrected Exhibit A)(Ashe, Lawrence) |
| Filing 279 CORRECTED Motion for Leave to File Sealed Document Exhibit B by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) Modified text on 3/31/2016 (KKS). |
| Filing 278 NOTICE of Filing Corrected Exhibit A by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC re #276 Memorandum (Attachments: #1 Exhibit A)(Ashe, Lawrence) Modified text on 3/31/2016 (KKS). |
| Filing 277 SEALED DOCUMENT re #276 Memorandum Exhibit B to Discovery Plan by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 276 MEMORANDUM re #274 Scheduling Order, Discovery Plan by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A)(Ashe, Lawrence) |
| Filing 275 MOTION for Leave to File Under Seal by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
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Filing 274
ORDER: IT IS HEREBY ORDERED that Plaintiffs shall submit their proposed plan for completion of discovery no later than Wednesday, March 30, 2016. Defendant shall file a response no later than Friday, April 1, 2016. Any reply shall be filed no later than Tuesday, April 5, 2016. Signed by District Judge John A. Ross on 3/24/16. (JAB)
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| Filing 273 Minute Entry for proceedings held before District Judge John A. Ross: Status Conference held on 3/24/2016. Discovery matters discussed. Order to issue. (Court Reporter:Lisa Paczkowski.) (FTR Gold: No.) (JAB) |
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ORDER RECEIPT: (see receipt) Docket No: 274. Mailed to party not set up for electronic notification Thu Mar 24 16:07:20 CDT 2016 (Bernsen, John)
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| Filing 272 REPLY to Response to Motion re #259 MOTION for Relief Pursuant to Rule 56(d) filed by Plaintiff HM Compounding Services, LLC. (Ashe, Lawrence) |
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Filing 271
Docket Text ORDER GRANTING #262 #264 #266 Re: #262 MOTION for Leave to File Sealed Document Reply in Support of #236 Motion for Reconsideration by Defendant Express Scripts, Inc. and #264 MOTION for Leave to File in Excess of Page Limitation (Memorandum in Opposition to #259 Plaintiffs' Motion for Rule 56(d) Relief) by Defendant Express Scripts, Inc. and #266 MOTION for Leave to File Sealed Document (Exhibits 4 and 5 to #265 Memorandum in Opposition to #259 Plaintiffs' Motion for Rule 56(d) Relief) by Defendant Express Scripts, Inc. ; ORDERED GRANTED. Signed by District Judge John A. Ross on 3/21/2016. (KMS)
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Filing 270
Docket Text ORDER Re: #258 MOTION for Leave to File Oversized Brief by Plaintiffs and #256 MOTION for Leave to File Sealed Document Exhibits A, C, D & E to Doc.#255 Reply by Plaintiffs; ORDERED GRANTED. Signed by District Judge John A. Ross on 3/21/2016. (KMS)
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ORDER RECEIPT: (see receipt) Docket No: 270, 271. sent to parties not set up for electronic notification Mon Mar 21 15:50:35 CDT 2016 (Scheele, Kara)
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Filing 269
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Precision Plaintiffs Motion to Join Cases For Pretrial Purposes #241 is DENIED. Signed by District Judge John A. Ross on 3/16/2016. (KMS)
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ORDER RECEIPT: (see receipt) Docket No: 269. sent to parties not set up for electronic notification Wed Mar 16 13:25:01 CDT 2016 (Scheele, Kara)
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Filing 268
ORDER: IT IS HEREBY ORDERED that a status conference with counsel is scheduled for Thursday, March 24, 2016 at 2:00 p.m. in the chambers of the undersigned. Signed by District Judge John A. Ross on 3/15/2016. (KMS)
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ORDER RECEIPT: (see receipt) Docket No: 268. sent to parties not set up for electronic notification Tue Mar 15 09:47:41 CDT 2016 (Scheele, Kara)
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| Filing 267 SEALED DOCUMENT re #265 Memorandum in Opposition to Motion (Exhibit 4 and 5 to Memorandum in Opposition to #259 Motion for Rule 56(d) Relief) by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 4, #2 Exhibit 5)(Smith, Christopher) |
| Filing 266 MOTION for Leave to File Sealed Document (Exhibits 4 and 5 to #265 Memorandum in Opposition to #259 Plaintiffs' Motion for Rule 56(d) Relief) by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 265 MEMORANDUM in Opposition re #259 MOTION for Relief Pursuant to Rule 56(d) filed by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Smith, Christopher) |
| Filing 264 MOTION for Leave to File in Excess of Page Limitation (Memorandum in Opposition to #259 Plaintiffs' Motion for Rule 56(d) Relief) by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 263 SEALED DOCUMENT re #236 MOTION for Reconsideration (Reply Memorandum in Support of Motion for Reconsideration) by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 262 MOTION for Leave to File Sealed Document Reply in Support of #236 Motion for Reconsideration by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 261 NOTICE Filing in Related Case: by Plaintiffs C & M Health Pro, LLC, CPRX Pharmacy, LP, Northern VA Compounders, PLLC, Precision Rx Compounding, LLC, TOTH Enterprises II, PA, The Daily Dose, LP (Attachments: #1 Exhibit A - Amended Complaint filed in Related Action)(Baron, Jeffrey) |
| Filing 260 MEMORANDUM in Support of Motion (SEALED) re #259 MOTION for Relief Pursuant to Rule 56(d), #258 MOTION for Leave to File Oversized Brief filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Ashe, Lawrence) |
| Filing 259 MOTION for Relief Pursuant to Rule 56(d) by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 258 MOTION for Leave to File Oversized Brief by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 257 SEALED DOCUMENT re #255 Reply to Response to Motion by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E)(Ashe, Lawrence) |
| Filing 256 MOTION for Leave to File Sealed Document Exhibits A, C, D & E to Doc.#255 Reply by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Ashe, Lawrence) |
| Filing 255 REPLY to Response to Motion re #235 SEALED MOTION to Compel Production of Documents filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit B)(Ashe, Lawrence) |
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Filing 254
Docket Text ORDER Re: #252 MOTION for Leave to File Sealed Motion by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC ; ORDERED GRANTED. Signed by District Judge John A. Ross on 3/3/2016. (KMS)
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ORDER RECEIPT: (see receipt) Docket No: 254. sent to parties not set up for electronic notification Thu Mar 3 11:44:42 CST 2016 (Scheele, Kara)
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| Filing 253 MEMORANDUM in Opposition of Sealed Motion re #236 MOTION for Reconsideration filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit Letter dated May 16, 2014, #2 Exhibit Letter dated August 18, 2014, #3 Exhibit Page 20 of PowerPoint, #4 Exhibit Deposition Excerpts)(Davis, Steven) |
| Filing 252 MOTION for Leave to File Sealed Motion by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Davis, Steven) |
| Filing 251 MEMORANDUM in Opposition re #241 MOTION to Transfer Case To Join Related Cases for Pretrial Purposes to 4:14-cv-01858 filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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Filing 250
Docket Text ORDER Re: #247 MOTION for Extension of Time to File Response/Reply as to #236 MOTION for Reconsideration by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC ; ORDERED GRANTED, ( Response to Court due by 3/2/2016.). Signed by District Judge John A. Ross on 2/25/2016. (KMS)
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Filing 249
Docket Text ORDER Re: #245 MOTION for Leave to File Sealed Document (Exhibits K, M through Q to #244 Declaration re #243 Response in Opposition to #235 Motion to Compel) by Defendant Express Scripts, Inc. ; ORDERED GRANTED. Signed by District Judge John A. Ross on 2/25/2016. (KMS)
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| Filing 248 RESPONSE to Motion re #247 MOTION for Extension of Time to File Response/Reply as to #236 MOTION for Reconsideration filed by Defendant Express Scripts, Inc.. (Hellmann, Sarah) |
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ORDER RECEIPT: (see receipt) Docket No: 249, 250. sent to parties not set up for electronic notification Thu Feb 25 11:27:44 CST 2016 (Scheele, Kara)
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| Filing 247 MOTION for Extension of Time to File Response/Reply as to #236 MOTION for Reconsideration by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Davis, Steven) |
| Filing 246 SEALED DOCUMENT re #244 Declaration, (Exhibits K, M through Q to Declaration re #243 Response in Opposition to Motion [Doc. No. 235]. by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit K, #2 Exhibit M, #3 Exhibit N, #4 Exhibit O, #5 Exhibit P, #6 Exhibit Q)(Smith, Christopher) |
| Filing 245 MOTION for Leave to File Sealed Document (Exhibits K, M through Q to #244 Declaration re #243 Response in Opposition to #235 Motion to Compel) by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 244 DECLARATION filed by Defendant Express Scripts, Inc. re #243 Response in Opposition to Motion [Doc. No. 235]. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit L, #12 Exhibit R)(Smith, Christopher) |
| Filing 243 RESPONSE in Opposition re #235 SEALED MOTION to Compel Production of Documents filed by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1)(Smith, Christopher) |
| Filing 242 MEMORANDUM in Support of Motion re #241 MOTION to Transfer Case To Join Related Cases for Pretrial Purposes to 4:14-cv-01858 filed by Plaintiffs C & M Health Pro, LLC, CPRX Pharmacy, LP, Northern VA Compounders, PLLC, Precision Rx Compounding, LLC, TOTH Enterprises II, PA, The Daily Dose, LP. (Baron, Jeffrey) |
| Filing 241 MOTION to Transfer Case To Join Related Cases for Pretrial Purposes to 4:14-cv-01858 by Plaintiffs Precision Rx Compounding, LLC, C & M Health Pro, LLC, Northern VA Compounders, PLLC, TOTH Enterprises II, PA, The Daily Dose, LP, CPRX Pharmacy, LP. (Baron, Jeffrey) |
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Filing 240
Docket Text ORDER: GRANTING #237 MOTION for Leave to File Sealed Document (Memorandum in Support of #236 and Exhibits B and C thereto) by Defendant Express Scripts, Inc... Signed by District Judge John A. Ross on 2/18/16. (KKS)
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ORDER RECEIPT: (see receipt) Docket No: 240. Mailed to party not notified electronically. Thu Feb 18 10:21:11 CST 2016 (Stamm, Katie)
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| Filing 239 SUPPLEMENTAL re #236 MOTION for Reconsideration , #238 Sealed Document Exhibit A to #238 Memorandum in Support of #236 Motion by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 238 SEALED DOCUMENT re #236 MOTION for Reconsideration by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit B, #2 Exhibit C)(Smith, Christopher) |
| Filing 237 MOTION for Leave to File Sealed Document (Memorandum in Support of #236 and Exhibits B and C thereto) by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 236 MOTION for Reconsideration by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 235 SEALED MOTION to Compel Production of Documents by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit HMC's First RFPs, #2 Exhibit ESI's Responses to RFPs, #3 Exhibit S. Hellmann Email 11-9-15, #4 Exhibit Depo Tr. Wendy Barnes, #5 Exhibit ESI Website Excerpt, #6 Exhibit O. Thomas Letter 9-25-15, #7 Exhibit ESI Production Power Point, #8 Exhibit Depo Tr. Bonnie Roberts, #9 Exhibit Comp. Emails and Letters, #10 Exhibit Comp. Emails, #11 Exhibit S. Hellman Letter 9-29-15, #12 Exhibit L. Ashe Email 1-25-16, #13 Exhibit J. Houts Email 1-14-15, #14 Exhibit O. Thomas Letter 9-25-15)(Ashe, Lawrence) |
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Filing 234
Docket Text ORDER: Re: #230 MOTION for Leave to Appear Pro Hac Vice James A. Keyte by Defendant Express Scripts, Inc. (Keyte, James), #232 MOTION for Leave to Appear Pro Hac Vice Peter S. Julian by Defendant Express Scripts, Inc. (Julian, Peter), #233 MOTION for Leave to Appear Pro Hac Vice Michael Sheerin by Defendant Express Scripts, Inc. (Sheerin, Michael) AND #231 MOTION for Leave to Appear Pro Hac Vice Clifford H. Aronson by Defendant Express Scripts, Inc. (Aronson, Clifford) ; ORDERED GRANTED. Signed by District Judge John A. Ross on 2/8/16. (JAB)
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ORDER RECEIPT: (see receipt) Docket No: 234. Mailed to party not set up for electronic notification Mon Feb 8 11:33:39 CST 2016 (Bernsen, John)
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| Filing 233 MOTION for Leave to Appear Pro Hac Vice Michael Sheerin. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5252218) by Defendant Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing)(Sheerin, Michael) |
| Filing 232 MOTION for Leave to Appear Pro Hac Vice Peter S. Julian. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5252216) by Defendant Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing)(Julian, Peter) |
| Filing 231 MOTION for Leave to Appear Pro Hac Vice Clifford H. Aronson. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5252215) by Defendant Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing)(Aronson, Clifford) |
| Filing 230 MOTION for Leave to Appear Pro Hac Vice James A. Keyte. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5252213) by Defendant Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing)(Keyte, James) |
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Filing 229
Docket Text ORDER Re: #228 MOTION for Leave to Appear Pro Hac Vice Shani Rivaux. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5244434) by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC ; ORDERED GRANTED. Signed by District Judge John A. Ross on 2/2/2016. (KMS)
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| Filing 228 MOTION for Leave to Appear Pro Hac Vice Shani Rivaux. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 0865-5244434) by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Rivaux, Shani) |
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ORDER RECEIPT: (see receipt) Docket No: 229. sent to parties not set up for electronic notification Tue Feb 2 14:24:12 CST 2016 (Scheele, Kara)
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Filing 227
ORDER: IT IS HEREBY ORDERED that Plaintiffs Motion for Clarification and Extension of Discovery Deadlines, Extension of Stay on Briefing, Appointment of Special Master and Amendment of Protective Order [ #223 ] is GRANTED in part and DENIED in part in accordance with the rulings herein. ( Discovery Completion due by 2/26/2016., Response to Court due by 3/28/2016.). Signed by District Judge John A. Ross on 1/20/16. (JAB)
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ORDER RECEIPT: (see receipt) Docket No: 227. Mailed to party not set up for electronic notification Wed Jan 20 14:57:57 CST 2016 (Bernsen, John)
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| Filing 226 REPLY to Response to Motion re #223 MOTION to Clarify MOTION for Discovery MOTION for Extension of Time to Complete Discovery MOTION for Extension of Time to File Response/Reply MOTION for Protective Order filed by Plaintiff HM Compounding Services, LLC. (Ashe, Lawrence) |
| Filing 225 RESPONSE to Motion re #223 MOTION to Clarify MOTION for Discovery MOTION for Extension of Time to Complete Discovery MOTION for Extension of Time to File Response/Reply MOTION for Protective Order filed by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Smith, Christopher) |
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Filing 224
ORDER: IT IS HEREBY ORDERED that Plaintiffs request that the stay of discovery entered on November 18, 2015 be lifted is GRANTED. IT IS FURTHER ORDERED that Defendant shall file its response to the remaining issues raised in Plaintiffs motion by Friday, December 11, 2015. Signed by District Judge John A. Ross on 12/8/15. (JAB)
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ORDER RECEIPT: (see receipt) Docket No: 224. Mailed to parties not set up for electronic notification Tue Dec 8 15:21:15 CST 2015 (Bernsen, John)
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| Filing 223 MOTION For Clarification and Extension of Discovery Deadlines, Extension of Stay on Briefing, Appointment of Special Master and Amendment of Protective Order by Plaintiff HM Compounding Services, LLC and HMX Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Ashe, Lawrence) Modified text on 12/8/2015 (JAB). |
| Filing 222 NOTICE Appearance: by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC (Ashe, Lawrence) |
| Filing 221 TRANSCRIPT ORDER REQUEST for #179 (MOTION HEARING) by HM Compounding Services, LLC, HMX Services, LLC for proceedings held on 4/22/15 before Judge John A. Ross. (cc: court reporter Lisa Paczkowski ) (KKS) |
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Filing 220
Docket Text ORDER: GRANTING #218 MOTION for Leave to Appear Pro Hac Vice RICHARD A. FEINSTEIN by Plaintiff HM Compounding Services, LLC ; GRANTING #217 MOTION for Leave to Appear Pro Hac Vice NICHOLAS WIDNELL by Plaintiff HM Compounding Services, LLC ; GRANTING #216 MOTION for Leave to Appear Pro Hac Vice Steven W. Davis by Plaintiff HM Compounding Services, LLC; GRANTING #219 MOTION for Leave to Appear Pro Hac Vice LAWRENCE V. ASHE by Plaintiff HM Compounding Services, LLC.. Signed by District Judge John A. Ross on 12/3/15. (KKS)
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ORDER RECEIPT: (see receipt) Docket No: 220. Mailed to party not notified electronically. Thu Dec 3 11:56:17 CST 2015 (Stamm, Katie)
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| Receipt 4644053876 in the amount of $100.00 for PRO HAC VICE on behalf of Steven W. Davis (CCAM) |
| Receipt 4644053877 in the amount of $100.00 for PRO HAC VICE on behalf of Lawrence V. Ashe (CCAM) |
| Receipt 4644053880 in the amount of $100.00 for PRO HAC VICE on behalf of Nicholas Widnell (CCAM) |
| Receipt 4644053878 in the amount of $100.00 for PRO HAC VICE on behalf of Richard A. Feinstein (CCAM) |
| Filing 219 MOTION for Leave to Appear Pro Hac Vice LAWRENCE V. ASHE. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 4644053877) by Plaintiff HM Compounding Services, LLC. (Attachments: #1 Certificate of Good Standing)(KKS) |
| Filing 218 MOTION for Leave to Appear Pro Hac Vice RICHARD A. FEINSTEIN. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 4644053878) by Plaintiff HM Compounding Services, LLC. (Attachments: #1 Certificate of Good Standing)(KKS) |
| Filing 217 MOTION for Leave to Appear Pro Hac Vice NICHOLAS WIDNELL. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 4644053880) by Plaintiff HM Compounding Services, LLC. (Attachments: #1 Certificate of Good Standing)(KKS) |
| Filing 216 MOTION for Leave to Appear Pro Hac Vice Steven W. Davis. The Certificate of Good Standing was attached.(Filing fee $100 receipt number 4644053876) by Plaintiff HM Compounding Services, LLC. (Attachments: #1 Certificate of Good Standing)(KKS) |
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Filing 215
MEMORANDUM AND ORDER: Accordingly, IT IS HEREBY ORDERED that the Motion to Withdraw as Counsel [ #211 ] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs Motion for Temporary Stay of Discovery and Deadlines [ #213 ] is GRANTED in part. Discovery and all deadlines in this matter are stayed for thirty (30) days, up to and including Friday, December 18, 2015. Signed by District Judge John A. Ross on 11/18/15. (JAB)
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Filing 214
Docket Text ORDER: Re: #212 MOTION for Leave to File Sealed Motion by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) ; ORDERED GRANTED. Signed by District Judge John A. Ross on 11/18/15. (JAB)
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ORDER RECEIPT: (see receipt) Docket No: 214. Mailed to party not set up for electronic notification Wed Nov 18 10:48:09 CST 2015 (Bernsen, John)
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ORDER RECEIPT: (see receipt) Docket No: 215. Mailed to party not set up for electronic notification Wed Nov 18 16:09:52 CST 2015 (Bernsen, John)
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| Filing 213 SEALED MOTION by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Reed, Winthrop) |
| Filing 212 MOTION for Leave to File Sealed Motion by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) |
| Filing 211 MOTION to Withdraw as Attorney ;attorney/firm Lewis Rice LLC; Winthrop B. Reed, III; Richard B. Walsh, Jr.; R. Taylor Matthews III; and Oliver H. Thomas by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) |
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ORDER RECEIPT: (see receipt) Docket No: 210. Mailed to party not notified electronically. Mon Oct 19 15:18:44 CDT 2015 (Stamm, Katie)
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| Filing 210 PROTECTIVE ORDER : GRANTING #209 Joint MOTION for Protective Order |
| Filing 209 Joint MOTION for Protective Order (Stipulated Protective Order) by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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Filing 208
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Stay Briefing on Summary Judgment #202 is GRANTED in part. The parties are granted 90 days from the date of this Order to conduct phased discovery on the issues raised in Defendants Motion for Partial Summary Judgment. No third party discovery will be conducted at this time without further order of the Court. IT IS FURTHER ORDERED that a Case Management Order will be entered in this matter at a later point in time.. Signed by District Judge John A. Ross on 9/3/15. (LGK)
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ORDER RECEIPT: (see receipt) Docket No: 208. copy of memorandum and order mailed to non cm-ecf participants Thu Sep 3 16:12:50 CDT 2015 (Wooley, Lisa)
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| Filing 207 REPLY to Response to Motion re #202 MOTION to Stay Briefing on Summary Judgment and Incorporated Memorandum of Law in Support Reply in Support of Plaintiffs' Motion to Stay Briefing on Summary Judgment filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Matthews, R.) |
| Filing 206 MEMORANDUM re #201 Order (Defendant's Proposed Discovery Plan and Briefing Schedule) by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 205 RESPONSE to Motion re #202 MOTION to Stay Briefing on Summary Judgment and Incorporated Memorandum of Law in Support filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 204 MEMORANDUM re #201 Order by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Reed, Winthrop) |
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Filing 203
ORDER. IT IS HEREBY ORDERED that any response to #202 MOTION to Stay Briefing on Summary Judgment and Incorporated Memorandum of Law in Support filed by HM Compounding Services, LLC, HMX Services, LLC must be filed no later than noon on Monday, August 31, 2015. Signed by District Judge John A. Ross on 8/28/15. (CAR)
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| Filing 202 MOTION to Stay Briefing on Summary Judgment and Incorporated Memorandum of Law in Support by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) |
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Filing 201
ORDER directing the parties to submit proposed Joint Scheduling Plans for Discovery by 8/28/2015. Signed by District Judge John A. Ross on 8/26/15. (CAR)
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Filing 200
Docket Text ORDER: Re: #197 MOTION for Leave to File Sealed Document (Exhibits A and B to Declaration #196 in support of Motion #192 ) by Defendant Express Scripts, Inc.. (Smith, Christopher) filed by Express Scripts, Inc. ; ORDERED GRANTED. Signed by District Judge John A. Ross on 8/19/15. (LGK)
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ORDER RECEIPT: (see receipt) Docket No: 200. copy of order mailed to non cm-ecf participants Wed Aug 19 09:33:46 CDT 2015 (Wooley, Lisa)
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| Filing 199 SEALED DOCUMENT re #192 MOTION for Partial Summary Judgment and #196 Declaration in Support by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Smith, Christopher) |
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Filing 198
Docket Text ORDER: Re: #193 MOTION for Leave to File in Excess of Page Limitation (Memorandum in Support of Motion #192 by Defendant Express Scripts, Inc. ; ORDERED GRANTED. Signed by District Judge John A. Ross on August 18, 2015. (MCB)
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| Filing 197 MOTION for Leave to File Sealed Document (Exhibits A and B to Declaration #196 in support of Motion #192 ) by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 196 DECLARATION filed by Defendant Express Scripts, Inc. re #192 MOTION for Partial Summary Judgment . (Attachments: #1 Exhibit C, #2 Exhibit D, #3 Exhibit E, #4 Exhibit F, #5 Exhibit G, #6 Exhibit H)(Smith, Christopher) |
| Filing 195 STATEMENT of Material Facts re #192 MOTION for Partial Summary Judgment filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 194 MEMORANDUM in Support of Motion re #192 MOTION for Partial Summary Judgment filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 193 MOTION for Leave to File in Excess of Page Limitation (Memorandum in Support of Motion #192 by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 192 MOTION for Partial Summary Judgment by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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ORDER RECEIPT: (see receipt) Docket No: 198. sent to non-electronic party this date Tue Aug 18 16:44:59 CDT 2015 (Berg, Melanie)
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| Filing 191 ANSWER to Counterclaim by HM Compounding Services, LLC, HMX Services, LLC.(Reed, Winthrop) |
| ***REMARK - There will be no Doc. 189 in this case as it was filed incorrectly. It has been refiled correctly as Doc. 190. (LGK) |
| Filing 190 JOINT SCHEDULING PLAN by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. CORRECTED. (Reed, Winthrop) |
| Filing 188 ANSWER to #126 Amended Complaint And, COUNTERCLAIM against plaintiff HMX Services, LLC by Express Scripts, Inc..(Smith, Christopher) |
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Filing 187
ORDER re #185 MOTION to Continue Rule 16 Conference filed by Express Scripts, Inc. GRANTED. The Rule 16 Conference set for August 12, 2015 is rescheduled for Wednesday, August 26, 2015 at 10:00 a.m. Signed by District Judge John A. Ross on 7/10/15. (LGK)
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| Filing 186 RESPONSE to Motion re #185 MOTION to Continue Rule 16 Conference filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) |
| Filing 185 MOTION to Continue Rule 16 Conference by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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ORDER RECEIPT: (see receipt) Docket No: 187. copy of order mailed to non cm-ecf participants Fri Jul 10 15:02:59 CDT 2015 (Wooley, Lisa)
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Filing 184
RULE 16 ORDER: Joint Scheduling Plan due by 8/5/2015. Rule 16 Conference set for 8/12/2015 10:00 AM in Chambers before District Judge John A. Ross.. Signed by District Judge John A. Ross on 7/9/15. (LGK)
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Filing 183
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Express Scripts' Motion to Dismiss Plaintiffs' First Amended Complaint #129 is GRANTED in part. Counts III, IV and VI are dismissed. In all other respects the motion is DENIED. IT IS FURTHER ORDERED that Defendant Express Scripts' Motion to Dissolve the Temporary Restraining Order #153 is DENIED. IT IS FURTHER ORDERED that Defendant Express Scripts' Motion for Temporary Stay of Discovery and Protective Order #157 is DENIED as moot. IT IS FURTHER ORDERED that Plaintiffs' Motion for Civil Contempt #169 is DENIED. IT IS FURTHER ORDERED that a Rule 16 conference will be set by separate order.. Signed by District Judge John A. Ross on 7/9/15. (LGK)
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ORDER RECEIPT: (see receipt) Docket No: 184. Copy of Rule 16 Order mailed to non cm-ecf participants Thu Jul 9 15:50:13 CDT 2015 (Wooley, Lisa)
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ORDER RECEIPT: (see receipt) Docket No: 183. copy of memorandum and order mailed to non cm-ecf participants Thu Jul 9 14:00:39 CDT 2015 (Wooley, Lisa)
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Filing 182
ORDER This matter is set for telephone conference with counsel on Thursday, June 11, 2015 at 2:30 p.m. The Court will initiate the call. Telephone Conference set for 6/11/2015 02:30 PM in Telephone before District Judge John A. Ross. Signed by District Judge John A. Ross on 6/10/15. (CLA)
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ORDER RECEIPT: (see receipt) Docket No: 182. Wed Jun 10 14:28:26 CDT 2015 (Abrams, Carrie)
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| Filing 181 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff HMX Services, LLC. Parent companies: HMCS Pharmacy Holdings, LLC; HM Compounding Services, LLC; HMX Holdings, Inc., Publicly held company: None,. (Reed, Winthrop) |
| Filing 180 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff HM Compounding Services, LLC. Parent companies: HMX Holdings, Inc., Publicly held company: None,. (Reed, Winthrop) |
| Filing 179 Minute Entry for proceedings held before District Judge John A. Ross: Motion Hearing held on 4/22/2015. Parties present on plaintiffs' motion for contempt and defendant's motions regarding termination of the temporary restraining order and motion to dismiss. Arguments made. Order to issue. (FTR Gold Operator initials:Lisa Paczkowski.) (FTR Gold: No.) (JWD) |
| Filing 178 REPLY to Response to Motion re #169 MOTION for Contempt filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A)(Reed, Winthrop) |
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ORDER RECEIPT: (see receipt) Docket No: 177. Mon Apr 20 15:19:43 CDT 2015 (Spurgeon, Katherine)
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Filing 177
Docket Text ORDER: Re: #175 MOTION for Leave to File Sealed Document (Ex. B to Memorandum in Opposition [Doc. 174]) by Defendant Express Scripts, Inc.. (Smith, Christopher) filed by Express Scripts, Inc. ; ORDERED GRANTED. Signed by District Judge John A. Ross on 4/14/15. (ARL)
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| Filing 176 SEALED DOCUMENT re #174 Memorandum in Opposition to Motion (Exhibit B) by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 175 MOTION for Leave to File Sealed Document (Ex. B to Memorandum in Opposition [Doc. 174]) by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 174 MEMORANDUM in Opposition re #169 MOTION for Contempt filed by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A)(Smith, Christopher) |
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Filing 173
ORDER granting #170 Motion for Leave to File Sealed Document Signed by District Judge John A. Ross on 4/6/15. (LGK)
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ORDER RECEIPT: (see receipt) Docket No: 173. copy of order mailed to non cm-ecf participants Mon Apr 6 14:37:50 CDT 2015 (Wooley, Lisa)
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| Filing 172 NOTICE by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC re #171 Sealed Document of filing Exhibit (Attachments: #1 Exhibit B)(Reed, Winthrop) |
| Filing 171 SEALED DOCUMENT re #169 MOTION for Contempt (Memorandum In Support) by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A)(Reed, Winthrop) |
| Filing 170 MOTION for Leave to File Sealed Document by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) |
| Filing 169 MOTION for Contempt by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) |
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Filing 168
ORDER - IT IS HEREBY ORDERED that Plaintiffs Motion to Compel Rule 30(b)(6) Corporate Representative Deposition [ #149 ] is GRANTED in part. Pursuant to discussion with counsel, Plaintiffs are directed to reissue their notice of deposition in order to clarify the topics the deposition would cover within five (5) days of the date of this Order. Defendant may file any response and/or objection to said notice within three (3) days thereafter. IT IS FURTHER ORDERED that this matter is set for hearing on Wednesday, April 22, 2015 at 10:00 a.m. to take up all issues regarding the TRO, including Defendants compliance with the TRO and whether a continued TRO is appropriate. IT IS FINALLY ORDERED that the Court will defer entering a scheduling order in this case at the present time. Signed by District Judge John A. Ross on 2/23/15. (KJS)
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ORDER RECEIPT: (see receipt) Docket No: 168. Mailed to parties not electronically notified Mon Feb 23 16:15:55 CST 2015 (Shirley, Kelley)
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Filing 167
Docket Text ORDER: Re: #158 MOTION for Leave to File in Excess of Page Limitation (Memorandum in Opposition to Plaintiffs' Motion to Compel and in Support of Defendant's Motion to Stay Discovery and for Protective Order) by Defendant Express Scripts, Inc.. (Smith, Christopher) filed by Express Scripts, Inc. ; ORDERED GRANTED. Signed by District Judge John A. Ross on 2/20/15. (ARL)
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Filing 166
Docket Text ORDER: Re: #150 MOTION for Leave to File Sealed Document (Exhibits to Motion to Compel Rule 30(b)(6) Corporate Representative Deposition) by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) filed by HM Compounding Services, LLC, HMX Services, LLC ; ORDERED GRANTED. Signed by District Judge John A. Ross on 2/20/15. (ARL)
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| Filing 165 REPLY to Response to Motion re #149 MOTION to Compel Rule 30(B)(6) Corporate Representative Deposition And Incorporated Memorandum Of Law In Support filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) |
| Filing 164 REPLY to Response to Motion re #153 MOTION to Vacate Temporary Restraining Order filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 163 MEMORANDUM in Opposition re #153 MOTION to Vacate Temporary Restraining Order filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) |
| Filing 162 MEMORANDUM re #145 Rule 16 Order,, by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1)(Husgen, Jason) |
| Filing 161 MEMORANDUM re #145 Rule 16 Order,, by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Reed, Winthrop) |
| Filing 160 DECLARATION filed by Defendant Express Scripts, Inc. re #157 MOTION to Stay Discovery and for Protective Order, #159 Memorandum in Opposition to Motion, . (Smith, Christopher) |
| Filing 159 MEMORANDUM in Opposition re #149 MOTION to Compel Rule 30(B)(6) Corporate Representative Deposition And Incorporated Memorandum Of Law In Support and MEMORANDUM in Support re #157 MOTION to Stay Discovery and for Protective Order filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 158 MOTION for Leave to File in Excess of Page Limitation (Memorandum in Opposition to Plaintiffs' Motion to Compel and in Support of Defendant's Motion to Stay Discovery and for Protective Order) by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 157 MOTION to Stay Discovery and for Protective Order by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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Filing 156
ORDER denying #152 Motion to Expedite Signed by District Judge John A. Ross on 2/3/15. (LGK)
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Filing 155
Docket Text ORDER: Re: #144 MOTION for Leave to File in Excess of Page Limitation by Defendant Express Scripts, Inc.. (Smith, Christopher) filed by Express Scripts, Inc. ; ORDERED GRANTED. Signed by District Judge John A. Ross on 2/3/15. (LGK)
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| Filing 154 MEMORANDUM in Support of Motion re #153 MOTION to Vacate Temporary Restraining Order filed by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit A)(Smith, Christopher) |
| Filing 153 MOTION to Vacate Temporary Restraining Order by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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ORDER RECEIPT: (see receipt) Docket No: 156. copy of order mailed to non cm-ecf participants Tue Feb 3 14:19:57 CST 2015 (Wooley, Lisa)
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ORDER RECEIPT: (see receipt) Docket No: 155. Copy of DTO mailed to non cm-ecf participants Tue Feb 3 14:16:16 CST 2015 (Wooley, Lisa)
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| Filing 152 MOTION to Expedite Briefing On Motion To Compel Rule 30(B)(6) Corporate Representative Deposition by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) |
| Filing 151 SEALED DOCUMENT re #149 MOTION to Compel Rule 30(B)(6) Corporate Representative Deposition And Incorporated Memorandum Of Law In Support by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit 1 to Exhibit A (2 of 2), #2 Exhibit 3 to Exhibit A (1 of 2), #3 Exhibit 3 to Exhibit A (2 of 2))(Reed, Winthrop) |
| Filing 150 MOTION for Leave to File Sealed Document (Exhibits to Motion to Compel Rule 30(b)(6) Corporate Representative Deposition) by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) |
| Filing 149 MOTION to Compel Rule 30(B)(6) Corporate Representative Deposition And Incorporated Memorandum Of Law In Support by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit 2 to Exhibit A)(Reed, Winthrop) |
| Filing 148 NOTICE Change of Firm Name: by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC (Reed, Winthrop) |
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ORDER RECEIPT: (see receipt) Docket No: 145,147. Mon Feb 2 10:54:52 CST 2015 (Spurgeon, Katherine)
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Filing 147
ORDER: Due to a scheduling conflict, the Rule 16 Conference in this case is reset for February 20, 2015 at 1:30 p.m. Signed by District Judge John A. Ross on 1/27/15. (JWD)
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| Filing 146 REPLY to Response to Motion re #129 MOTION to Dismiss :Plaintiffs' First Amended Complaint filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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Filing 145
ORDER (Rule 16): This case is assigned to Track: 2 re #135 IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel Rule 26(t) Conference and Corporate Representative Deposition #135 is GRANTED in part. The Scheduling Conference pursuant to Fed.R.Civ.P. 16 is set for February 20, 2015 at 9:30 a.m. in my chambers. No later than February 13, 2015, counsel shall file with the Clerk of the Court a joint proposed scheduling plan. See Order for full details. Signed by District Judge John A. Ross on 1/22/15. (ARL)
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| Filing 144 MOTION for Leave to File in Excess of Page Limitation by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 143 REPLY to Response to Motion re #135 MOTION to Compel Rule 26(f) Conference and Corporate Representative Deposition, with Incorporated Memorandum of Law In Support filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) |
| Filing 142 MEMORANDUM in Opposition re #129 MOTION to Dismiss :Plaintiffs' First Amended Complaint filed by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A)(Reed, Winthrop) |
| Filing 141 ENTRY of Appearance by Oliver H. Thomas for Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Thomas, Oliver) |
| Filing 140 DECLARATION filed by Defendant Express Scripts, Inc. re #139 Memorandum in Opposition to Motion, . (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5)(Smith, Christopher) |
| Filing 139 MEMORANDUM in Opposition re #135 MOTION to Compel Rule 26(f) Conference and Corporate Representative Deposition, with Incorporated Memorandum of Law In Support filed by Defendant Express Scripts, Inc.. (Attachments: #1 Exhibit 1)(Smith, Christopher) |
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Filing 138
Docket Text ORDER: Re: #136 MOTION for Leave to File Sealed Document (Exhibits to Motion to Compel Rule 26(f) Conference) by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) filed by HM Compounding Services, LLC, HMX Services, LLC ; ORDERED GRANTED. Signed by District Judge John A. Ross on 12/31/14. (ARL)
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ORDER RECEIPT: (see receipt) Docket No: 138. Wed Dec 31 11:08:14 CST 2014 (Luisetti, Andrea)
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| Filing 137 SEALED DOCUMENT re #135 MOTION to Compel Rule 26(f) Conference and Corporate Representative Deposition, with Incorporated Memorandum of Law In Support by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit 1 to Exhibit B (2 of 2), #2 Exhibit 3 to Exhibit B (1 of 2), #3 Exhibit 3 to Exhibit B (2 of 2))(Reed, Winthrop) |
| Filing 136 MOTION for Leave to File Sealed Document (Exhibits to Motion to Compel Rule 26(f) Conference) by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) |
| Filing 135 MOTION to Compel Rule 26(f) Conference and Corporate Representative Deposition, with Incorporated Memorandum of Law In Support by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit 2 to Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Reed, Winthrop) |
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Filing 134
Docket Text ORDER: Re: #133 MOTION for Extension of Time to File Response/Reply as to #129 MOTION to Dismiss :Plaintiffs' First Amended Complaint by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC HMX Services, LLC, #132 MOTION for Leave to File in Excess of Page Limitation by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. ORDERED GRANTED. Signed by District Judge John A. Ross on 12/22/14. (JWD)
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| Filing 133 MOTION for Extension of Time to File Response/Reply as to #129 MOTION to Dismiss :Plaintiffs' First Amended Complaint by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) |
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ORDER RECEIPT: (see receipt) Docket No: 134. Mon Dec 22 10:57:08 CST 2014 (Dockery, Jason)
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| Filing 132 MOTION for Leave to File in Excess of Page Limitation by Plaintiffs HM Compounding Services, LLC, HMX Services, LLC. (Reed, Winthrop) |
| Filing 131 DECLARATION filed by Defendant Express Scripts, Inc. re #130 Memorandum in Support of Motion, #129 MOTION to Dismiss :Plaintiffs' First Amended Complaint . (Attachments: #1 Exhibit 1)(Smith, Christopher) |
| Filing 130 MEMORANDUM in Support of Motion re #129 MOTION to Dismiss :Plaintiffs' First Amended Complaint filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 129 MOTION to Dismiss :Plaintiffs' First Amended Complaint by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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Filing 128
Docket Text ORDER: Re: #127 MOTION for Leave to File in Excess of Page Limitation by Defendant Express Scripts, Inc. ORDERED GRANTED. Signed by District Judge John A. Ross on 12/15/14. (JWD)
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| Filing 127 MOTION for Leave to File in Excess of Page Limitation by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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ORDER RECEIPT: (see receipt) Docket No: 128. Mon Dec 15 13:49:03 CST 2014 (Dockery, Jason)
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| Filing 126 AMENDED COMPLAINT against defendant Express Scripts, Inc. Jury demand, , filed by HM Compounding Services, LLC, HMX Services, LLC.(Reed, Winthrop) |
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Filing 125
Docket Text ORDER: Re: #123 MOTION for Leave to File Amended Complaint by Plaintiff HM Compounding Services, LLC. (Attachments: # 1 Exhibit A)(Reed, Winthrop) filed by HM Compounding Services, LLC ; ORDERED GRANTED. Signed by District Judge John A. Ross on 12/1/14. (LGK)
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ORDER RECEIPT: (see receipt) Docket No: 125. Copy of DTO mailed to non cm-ecf participants Mon Dec 1 11:39:57 CST 2014 (Wooley, Lisa)
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| Filing 124 MEMORANDUM in Support of Motion re #123 MOTION for Leave to File Amended Complaint And In Opposition To Defendant Express Scripts, Inc.s Motion To Dismiss filed by Plaintiff HM Compounding Services, LLC. (Reed, Winthrop) |
| Filing 123 MOTION for Leave to File Amended Complaint by Plaintiff HM Compounding Services, LLC. (Attachments: #1 Exhibit A)(Reed, Winthrop) |
| Filing 122 NOTICE by Plaintiff HM Compounding Services, LLC of Voluntary Dismissal of (1) Fraud and Misrepresentation, and (2) Unfair Insurance Practices (Reed, Winthrop) |
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Filing 121
Docket Text ORDER: Re: #120 MOTION for Leave to File in Excess of Page Limitation by Plaintiff HM Compounding Services, LLC ORDERED GRANTED. Signed by District Judge John A. Ross on 11/20/14. (JWD)
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| Filing 120 MOTION for Leave to File in Excess of Page Limitation by Plaintiff HM Compounding Services, LLC. (Reed, Winthrop) |
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ORDER RECEIPT: (see receipt) Docket No: 121. Thu Nov 20 13:21:39 CST 2014 (Dockery, Jason)
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Filing 119
MEMORANDUM AND ORDER re: #111 IT IS HEREBY ORDERED that Plaintiff HM Compounding Services, LLCs Emergency Motion for Additional Time to File Responsive Pleading #111 is GRANTED in part. HM Compounding is granted an extension of fifteen (15) days, up to and including November 25, 2014 to file its response to Express Scripts motion to dismiss. Signed by District Judge John A. Ross on 11/7/14. (ARL)
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Filing 118
Docket Text ORDER: Re: #117 MOTION for Leave to File Sur-Reply and Sur-Reply in Opposition to [111 and 116] by Defendant Express Scripts, Inc.. (Smith, Christopher) filed by Express Scripts, Inc. ; ORDERED GRANTED. Signed by District Judge John A. Ross on 11/7/14. (ARL)
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| Filing 117 MOTION for Leave to File Sur-Reply and Sur-Reply in Opposition to [111 and 116] by Defendant Express Scripts, Inc.. (Smith, Christopher) |
| Filing 116 REPLY to Response to Motion re #111 Emergency MOTION for Extension of Time to File Response/Reply to Express Script, Inc.'s Motion to Dismiss [Doc. 64] filed by Plaintiff HM Compounding Services, LLC. (Attachments: #1 Exhibit A)(Reed, Winthrop) |
| Filing 115 RESPONSE in Opposition re #111 Emergency MOTION for Extension of Time to File Response/Reply to Express Script, Inc.'s Motion to Dismiss [Doc. 64] filed by Defendant Express Scripts, Inc.. (Smith, Christopher) |
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ORDER RECEIPT: (see receipt) Docket No: 118. Fri Nov 7 16:13:11 CST 2014 (Luisetti, Andrea)
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ORDER RECEIPT: (see receipt) Docket No: 119. Fri Nov 7 16:12:28 CST 2014 (Luisetti, Andrea)
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Filing 114
ORDER: IT IS HEREBY ORDERED that Defendant Express Scripts, Inc. is granted until noon on Friday, November 7, 2014 to respond to Plaintiff HM Compounding Services, LLC's Emergency Motion for Additional Time to File Responsive Pleading. (Doc. No. 111). Signed by District Judge John A. Ross on 11/6/14. (LGK)
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| Filing 113 ENTRY of Appearance by Richard B. Walsh, Jr for Plaintiff HM Compounding Services, LLC. (Walsh, Richard) |
| Filing 112 ENTRY of Appearance by R. Taylor Matthews, III for Plaintiff HM Compounding Services, LLC. (Matthews, R.) |
| Filing 111 Emergency MOTION for Extension of Time to File Response/Reply to Express Script, Inc.'s Motion to Dismiss [Doc. 64] by Plaintiff HM Compounding Services, LLC. (Reed, Winthrop) |
| Filing 110 ENTRY of Appearance by Winthrop B. Reed, III for Plaintiff HM Compounding Services, LLC. (Reed, Winthrop) |
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ORDER RECEIPT: (see receipt) Docket No: 114. Copy of order mailed to non cm-ecf participants Thu Nov 6 16:22:53 CST 2014 (Wooley, Lisa)
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| Filing 109 Case transferred in from District of New York Eastern; Case Number 2:14-cv-05376. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. (BAK). |
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Filing 108
MEMORANDUM OF DECISION AND ORDER; In sum, the Court denies Caremarks motion to strike in its entirety Camhis declaration submitted in support of HMCs opposition to Caremarks motion to sever HMCs claims against Caremark and to compel arbitration of those claims. (Doc No. 91). The Court grants in part and denies in part Caremarks motion to sever HMCs claims against it and to compel arbitration of those claims (Doc No. 29). The Court grants in part and denies in part Optums motion to sever HMCs claims against it and to compel arbitration of those claims. (Doc No. 38). The Court also grants in part and denies in part Primes motion to sever HMCs claims against it and to compel arbitration of those claims. (Doc No. 59.) The Court grants ESIs motion to sever HMCs claims against it and transfer those claims to the United States District Court for the Eastern District of Missouri, pursuant to 28 U.S.C. 1404(a) and the forum selection clause in the ESI Provider Agreement. (Doc No. 11). The Court stays the entire action, including the claims brought by the Individual Plaintiffs, pursuant to Section 3 of the FAA. The Court denies HMCs letter motion dated October 14, 2014 (Doc No. 99) without prejudice for the reasons explained in Part II(6) of this Memorandum of Decision and Order. Finally, that part of the October 3, 2014 TRO applicable to the Individual Plaintiffs will remain in place pending arbitration, and that part of the October 3, 2014 TRO applicable to HMC is extended until such time as the respective arbitrator hears and determines any application for injunctive relief. Any requests to revisit the terms should be directed to the appropriate arbitrator, or, with respect to ESI, the federal district court in Missouri.The Court recognizes that severing HMCs claims against Caremark, Optum, and Prime and submitting them to arbitration and severing and transferring HMCs claims against ESI to the federal district court in Missouri may lead to inconsistent results. Further, if one or more of the arbitrators deems the relevant Provider Agreement to be contracts of adhesion or finds that HMCs respective claims are not arbitrable, HMC would only have the opportunity to start at square one in this Court. It is always more expeditious to try related claims in one forum rather than several, but allowing efficiency and economy to rule the day would effectively swallow Atlantic Marines holding in every case with multiple defendants. Valspar Corp., 2014 WL 1607584, at *4. Furthermore, the Court finds that HMC, a sophisticated corporate entity, assumed these risks when it entered into the relevant arbitration provisions and forum selection clause. See "Decision" for further details. So Ordered by Judge Arthur D. Spatt on 10/27/2014. (Coleman, Laurie)
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Filing 107
ORDER granting #88 Motion for Leave to File. Ordered by Judge Arthur D. Spatt on 10/23/2014. (Bollbach, Jean)
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Filing 106
ORDER granting #82 Motion for Leave to File Excess Pages. Ordered by Judge Arthur D. Spatt on 10/23/2014. (Bollbach, Jean)
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| Filing 105 NOTICE of Appearance by Amanda Lynn Nelson on behalf of Express Scripts, Inc. (aty to be noticed) (Nelson, Amanda) |
| Filing 104 REPLY in Support re #91 MOTION to Strike Stanley A. Camhi's Declaration In Opposition to Defendants' Motion To Compel Arbitration filed by CVS Caremark Corp.. (Aronoff, Yonaton) |
| Filing 103 RESPONSE in Opposition re #99 Letter MOTION for pre motion conference regarding Defendants' failure to comply with the Temporary Restraining Order filed by OptumRx, Inc.. (Karagheuzoff, Christopher) |
| Filing 101 RESPONSE to Motion re #99 Letter MOTION for pre motion conference regarding Defendants' failure to comply with the Temporary Restraining Order filed by CVS Caremark Corp.. (Leffel, Michael) |
| Filing 100 RESPONSE to Motion re #99 Letter MOTION for pre motion conference regarding Defendants' failure to comply with the Temporary Restraining Order filed by Express Scripts, Inc.. (Smith, Christopher) |
| Filing 99 Letter MOTION for pre motion conference regarding Defendants' failure to comply with the Temporary Restraining Order by Nick Canner, HM Compounding Services, LLC, Victor Paduano, Frank Scala. (Attachments: #1 Exhibit A) (Camhi, Stanley) |
| Filing 98 AFFIDAVIT/DECLARATION in Opposition re #91 MOTION to Strike Stanley A. Camhi's Declaration In Opposition to Defendants' Motion To Compel Arbitration, #29 MOTION for Order to Show Cause to Compel Arbitration -Supplemental Declaration in Opposition to Defendants' Motion to Compel Arbitration filed by Nick Canner, HM Compounding Services, LLC, Victor Paduano, Frank Scala. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit h, #9 Exhibit I) (Camhi, Stanley) |
| Filing 97 MEMORANDUM in Opposition re #91 MOTION to Strike Stanley A. Camhi's Declaration In Opposition to Defendants' Motion To Compel Arbitration filed by All Plaintiffs. (Baquet, Jessica) |
| Filing 96 AFFIDAVIT/DECLARATION in Opposition re #91 MOTION to Strike Stanley A. Camhi's Declaration In Opposition to Defendants' Motion To Compel Arbitration, #29 MOTION for Order to Show Cause to Compel Arbitration filed by All Plaintiffs. (Attachments: #1 A, #2 B, #3 C, #4 D, #5 E, #6 F, #7 G, #8 H, #9 I) (Camhi, Stanley) |
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Filing 102
ORDER Re: #86 Motion for leave to file a 15-page reply brief. Motion granted. So Ordered by Judge Arthur D. Spatt on 10/10/14. Movant to serve parties by fax. (Coleman, Laurie)
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| Filing 95 CERTIFICATE OF SERVICE by OptumRx, Inc. re #93 Affidavit in Support of Motion, #94 Affidavit in Support of Motion, #92 Reply in Support (Silberberg, Richard) |
| Filing 94 AFFIDAVIT/DECLARATION in Support re #38 MOTION for Order to Show Cause to Compel Arbitration filed by OptumRx, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Silberberg, Richard) |
| Filing 93 AFFIDAVIT/DECLARATION in Support re #38 MOTION for Order to Show Cause to Compel Arbitration filed by OptumRx, Inc.. (Silberberg, Richard) |
| Filing 92 REPLY in Support re #38 MOTION for Order to Show Cause to Compel Arbitration filed by OptumRx, Inc.. (Silberberg, Richard) |
| Filing 91 MOTION to Strike Stanley A. Camhi's Declaration In Opposition to Defendants' Motion To Compel Arbitration by CVS Caremark Corp.. Responses due by 10/24/2014 (Attachments: #1 Memorandum in Support) (Aronoff, Yonaton) |
| Filing 90 DECLARATION re #89 Reply in Support by CVS Caremark Corp. (Attachments: #1 Exhibit C, #2 Exhibit D) (Aronoff, Yonaton) |
| Filing 89 REPLY in Support re #29 MOTION for Order to Show Cause to Compel Arbitration filed by CVS Caremark Corp.. (Aronoff, Yonaton) |
| Filing 88 MOTION for Leave to File Excess Pages On Consent by CVS Caremark Corp.. (Attachments: #1 Memorandum in Support) (Aronoff, Yonaton) |
| Filing 86 MOTION for Leave to File Excess Pages on Consent by OptumRx, Inc.. (Attachments: #1 Memorandum in Support) (Karagheuzoff, Christopher) |
| Filing 85 REPLY in Support re #60 First Motion to Dismiss for Failure to State a Claim Memorandum of Law in Support of Motion to dismiss filed by Prime Therapeutics LLC. (Attachments: #1 Exhibit Unpublished Decision Gander Mt. Co. v. Lazard) (Fazio, Peter) |
| Filing 87 CASH BOND in the amount of $100,000.00 posted by HM Compounding Services, LLC., Receipt #4653079734, to deposited with the Court in an interest bearing account as a condition of the #70 Temporary Restraining Order. (Coleman, Laurie) |
| Filing 83 REPLY in Support re #11 MOTION for Order to Show Cause to Sever, #82 Letter MOTION for Leave to File Excess Pages filed by Express Scripts, Inc.. (Smith, Christopher) |
| Filing 82 Letter MOTION for Leave to File Excess Pages by Express Scripts, Inc.. (Smith, Christopher) |
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Filing 81
ORDER granting #72 Motion to stay Defendants ESI and Prime's motion to dismiss until 20 days after the Court renders it decisions on their motions to transfer and to compel arbitration - The plaintiffs shall have until 14 days after the Court renders a decision the respective motions to arbitrate/sever/transfer to respond to the respective motions to dismiss by Prime and ESI. Reply briefs, if any will be due 7 days after the plaintiffs' deadline to respond to the motions to dismiss. So Ordered by Judge Arthur D. Spatt on 10/8/14. (Coleman, Laurie)
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| Filing 78 MEMORANDUM in Opposition re #59 First Motion to Dismiss for Failure to State a Claim Notice of Motion filed by All Plaintiffs. (Baquet, Jessica) |
| Filing 77 MEMORANDUM in Opposition re #38 MOTION for Order to Show Cause to Compel Arbitration filed by All Plaintiffs. (Baquet, Jessica) |
| Filing 76 MEMORANDUM in Opposition re #29 MOTION for Order to Show Cause to Compel Arbitration filed by All Plaintiffs. (Baquet, Jessica) |
| Filing 75 AFFIDAVIT/DECLARATION in Opposition re #29 MOTION for Order to Show Cause to Compel Arbitration, #59 First Motion to Dismiss for Failure to State a Claim Notice of Motion, #38 MOTION for Order to Show Cause to Compel Arbitration filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I) (Baquet, Jessica) |
| Filing 74 AFFIDAVIT/DECLARATION in Opposition re #29 MOTION for Order to Show Cause to Compel Arbitration, #59 First Motion to Dismiss for Failure to State a Claim Notice of Motion, #38 MOTION for Order to Show Cause to Compel Arbitration filed by All Plaintiffs. (Baquet, Jessica) |
| Filing 73 Letter MOTION to Dismiss pursuant to Fed. R. Civ. P. 12 (b)(6) by Prime Therapeutics LLC. Responses due by 10/10/2014 (Wheaton, Jill) |
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Filing 80
ORDER Re: #68 Letter writing to advise the Court that OpturnRx and the Plaintiffs have agreed that if the Court denies OpturnRx' s motion to compel arbitration, which is scheduled to be fully briefed on 10/10/14 (the same date as Caremark's motion to compel arbitration), OpturnRx will have twenty (20) days from the date of such order to answer or otherwise respond to the complaint. So Ordered by Judge Arthur D. Spatt on 10/3/14. (Coleman, Laurie)
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Filing 79
ORDER Re: #62 Letter to clarify an additional scheduling matter. As set forth in Plaintiffs' letter, Plaintiffs and Caremark agreed that Plaintiffs' opposition to the Motion will be due on 10/6/14, and Caremark's reply will be due on 10/10/14. The parties have further conferred and agreed that, if the Court denies Caremark' s Motion, Caremark shall have twenty (20) days from the date of that order to answer or otherwise respond to Plaintiffs' Complaint. So Ordered by Judge Arthur D. Spatt on 10/3/14. (Coleman, Laurie)
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| Filing 72 Letter MOTION to Stay re #64 MOTION to Dismiss Plaintiffs' Complaint, #60 First Motion to Dismiss for Failure to State a Claim Memorandum of Law in Support of Motion to dismiss, #65 Memorandum in Support, #66 Affidavit in Support of Motion, #59 First Motion to Dismiss for Failure to State a Claim Notice of Motion, #61 First Motion to Dismiss for Failure to State a Claim Affidavit in support of motion to dismiss by Nick Canner, HM Compounding Services, LLC, Victor Paduano, Frank Scala. (Camhi, Stanley) |
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Filing 70
TEMPORARY RESTRAINING ORDER - It is hereby ORDERED, that the Temporary Restraining Order issued on September 11, 2014 is vacated; and it is further ORDERED, that pending further order of this Court, the Defendants Express Scripts Inc., CVS Caremark Corp., OptumRX Inc., and Prime Therapeutics, LLC (the Defendants), are hereby stayed and enjoined: (a) From denying prescription drug benefit coverage to the Plaintiffs Victor Paduano, Frank Scala, and Nick Canner for compounded medications prescribed to them on or after September 11, 2014, or for the refill of an existing refillable prescription after September 11, 2014, by their licensed physicians, which had heretofore been covered by their insurance; (b) From refusing to process and/or pay claims submitted by the Plaintiff HM Compounding Services, LLC (HMC) for the payment of prescriptions dated on or after September 11, 2014, or for the refill of an existing refillable prescription after September 11, 2014, for compounded medications prescribed by licensed physicians for their patients, which had heretofore been covered by their insurance; (c) From retaliating in any way against any licensed physician who writes a prescription for a compounded medication and/or provides materials or information required by a defendant for prior approval of compounded medications for a patient; (d) From prohibiting HMC from using the United States Postal Service or other delivery service to deliver to patients the compounded medications prescribed by their licensed physicians; and it is further ORDERED that, within five days of the date of this Order, the Plaintiffs shall post a bond in the sum of One Hundred Thousand ($100,000.00) Dollars to be deposited with the Court in an interest bearing account as a condition of this Temporary Restraining Order; and it is further ORDERED, that upon agreement of the parties, this Temporary Restraining Order shall remain in full force and effect until a hearing on the preliminary injunction. So Ordered by Judge Arthur D. Spatt on 10/3/2014. (Coleman, Laurie)
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| Filing 69 Letter to Judge Spatt Regarding Counter-Proposed Temporary Restraining Order by Nick Canner, HM Compounding Services, LLC, Victor Paduano, Frank Scala (Attachments: #1 Counter-Proposed Temporary Restraining Order) (Baquet, Jessica) |
| Filing 68 Letter to Judge Spatt by OptumRx, Inc. (Karagheuzoff, Christopher) |
| Filing 67 MEMORANDUM in Opposition re #11 MOTION for Order to Show Cause to Sever filed by All Plaintiffs. (Attachments: #1 Affidavit of Marc Poirier, #2 Affidavit of Barry Reiter, #3 Declaration of Stanley A. Camhi, #4 Exhibit A to Camhi Declaration, #5 Exhibit B to Camhi Declaration, #6 Exhibit C to Camhi Declaration) (Baquet, Jessica) |
| Filing 66 AFFIDAVIT/DECLARATION in Support re #64 MOTION to Dismiss Plaintiffs' Complaint filed by Express Scripts, Inc.. (Attachments: #1 Exhibit 1 to Smith Declaration, #2 Exhibit 2 to Smith Declaration) (Husgen, Jason) |
| Filing 65 MEMORANDUM in Support re #64 MOTION to Dismiss Plaintiffs' Complaint filed by Express Scripts, Inc.. (Husgen, Jason) |
| Filing 64 MOTION to Dismiss Plaintiffs' Complaint by Express Scripts, Inc.. (Husgen, Jason) |
| Filing 63 Letter attaching Proposed Temporary Restraining Order by CVS Caremark Corp., Express Scripts, Inc., OptumRx, Inc., Prime Therapeutics LLC (Attachments: #1 Proposed Order) (Smith, Christopher) |
| Filing 62 Letter to Judge Spatt by CVS Caremark Corp. (Aronoff, Yonaton) |
| Filing 61 First Motion to Dismiss for Failure to State a Claim Affidavit in support of motion to dismiss by Prime Therapeutics LLC. (Attachments: #1 Exhibit Exhibit 1) (Fazio, Peter) |
| Filing 60 First Motion to Dismiss for Failure to State a Claim Memorandum of Law in Support of Motion to dismiss by Prime Therapeutics LLC. (Fazio, Peter) |
| Filing 59 First Motion to Dismiss for Failure to State a Claim Notice of Motion by Prime Therapeutics LLC. (Fazio, Peter) |
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Filing 58
ORDER Re: #57 Letter regarding briefing schedule agreed upon by parties with respect to certain motions. Briefing schedule confirmed. So Ordered by Judge Arthur D. Spatt on 10/1/14. (Coleman, Laurie)
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| Filing 57 Letter to the Honorable Arthur D. Spatt re: Briefing schedule agreed upon by parties with respect to certain motions by Nick Canner, HM Compounding Services, LLC, Victor Paduano, Frank Scala (Camhi, Stanley) |
| Filing 56 NOTICE of Appearance by Shannon E. Boettjer on behalf of Nick Canner, HM Compounding Services, LLC, Victor Paduano, Frank Scala (aty to be noticed) (Attachments: #1 Affidavit of Service) (Boettjer, Shannon) |
| Filing 55 NOTICE of Appearance by Daniel E. Shapiro on behalf of Nick Canner, Victor Paduano, Frank Scala (aty to be noticed) (Attachments: #1 Affidavit of Service) (Shapiro, Daniel) |
| Filing 84 MINUTE ENTRY for proceedings held before Judge Arthur D. Spatt: Civil Cause for Order to Show Cause held on 9/29/14. Case called. Counsel for all sides present. Order to Show Cause held. Rulings on the record. Matter referred to Magistrate Judge Lindsay to hold a Preliminary Injunction hearing and Report and Recommendation to Judge Spatt. (Court Reporter Harry Rapaport.) (Coleman, Laurie) |
| Filing 71 Minute Entry for proceedings held before Magistrate Judge Arlene R. Lindsay: Conference held on 9/29/2014. The parties are directed to submit a proposed briefing schedule to Judge Spatt in connection with the motions to transfer venue and compel arbitration. The parties consent to extend the TRO until a determination of the motions. The motion for contempt and the motion for a preliminary injunction, are stayed, pending determination of those motions. c/ecf (ESR 4:06 -4:28.) (Imrie, Robert) |
| Filing 54 NOTICE of Appearance by Robert Griffith on behalf of CVS Caremark Corp. (aty to be noticed) (Griffith, Robert) |
| Filing 53 MOTION for Joinder In Co-Defendants' Motions To Vacate Protective Order by Prime Therapeutics LLC. (Wheaton, Jill) |
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Filing 52
MEMORANDUM OF DECISION AND ORDER: The Court directs all parties to appear for a Motion Hearing on Monday, September 29, 2014 at 11:30 am in Courtroom 1020 before Judge Arthur D. Spatt at which time the Court will consider the parties applications re the #11 , #13 , #23 , #29 , #31 , #38 , #43 , and #48 Motions. Ordered by Judge Arthur D. Spatt on 9/26/2014. c/m by cm/ecf. (Mahon, Cinthia) Modified on 9/26/2014 (Mahon, Cinthia).
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| Filing 51 NOTICE of Appearance by Connor A. Sabatino on behalf of CVS Caremark Corp. (aty to be noticed) (Sabatino, Connor) |
| Filing 50 NOTICE of Appearance by Michael D. Leffel on behalf of CVS Caremark Corp. (aty to be noticed) (Leffel, Michael) |
| Filing 49 Letter Requesting Emergency Oral Argument of Order to Show Cause to Extend Temporary Restraining Order by Nick Canner, HM Compounding Services, LLC, Victor Paduano, Frank Scala (Baquet, Jessica) |
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ORDER re #27 : The Motion of Robert H. Griffith for Leave to Appear Pro Hac Vice is granted. Ordered by Magistrate Judge Arlene R. Lindsay on 9/26/2014. c/ecf (Imrie, Robert)
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| Filing 48 Emergency MOTION for Temporary Restraining Order for an Order Extending the Temporary Restraining Order and Scheduling a Hearing by Nick Canner, HM Compounding Services, LLC, Victor Paduano, Frank Scala. (Attachments: #1 Memorandum in Support of Emergency Motion to Extend Temporary Restraining Order, #2 Declaration of Jessica M. Baquet, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I) (Baquet, Jessica) |
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ORDER granting #35 #36 : The motions of Michael D. Leffel and Connor A. Sabatino for leave to appear pro hac vice are granted. Ordered by Magistrate Judge Arlene R. Lindsay on 9/25/2014. c/ecf (Johnston, Linda)
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| Filing 47 CERTIFICATE OF SERVICE by OptumRx, Inc. re #43 Emergency MOTION for Order to Show Cause to Vacate Temporary Restraining Order (Silberberg, Richard) |
| Filing 46 MEMORANDUM in Support re #43 Emergency MOTION for Order to Show Cause to Vacate Temporary Restraining Order filed by OptumRx, Inc.. (Silberberg, Richard) |
| Filing 45 AFFIDAVIT/DECLARATION in Support re #43 Emergency MOTION for Order to Show Cause to Vacate Temporary Restraining Order filed by OptumRx, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Silberberg, Richard) |
| Filing 44 AFFIDAVIT/DECLARATION in Support re #43 Emergency MOTION for Order to Show Cause to Vacate Temporary Restraining Order filed by OptumRx, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Silberberg, Richard) |
| Filing 43 Emergency MOTION for Order to Show Cause to Vacate Temporary Restraining Order by OptumRx, Inc.. (Silberberg, Richard) |
| Filing 42 CERTIFICATE OF SERVICE by OptumRx, Inc. re #38 MOTION for Order to Show Cause to Compel Arbitration (Silberberg, Richard) |
| Filing 41 MEMORANDUM in Support re #38 MOTION for Order to Show Cause to Compel Arbitration filed by OptumRx, Inc.. (Silberberg, Richard) |
| Filing 40 AFFIDAVIT/DECLARATION in Support re #38 MOTION for Order to Show Cause to Compel Arbitration filed by OptumRx, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Silberberg, Richard) |
| Filing 39 AFFIDAVIT/DECLARATION in Support re #38 MOTION for Order to Show Cause to Compel Arbitration filed by OptumRx, Inc.. (Attachments: #1 Exhibit A) (Silberberg, Richard) |
| Filing 38 MOTION for Order to Show Cause to Compel Arbitration by OptumRx, Inc.. (Silberberg, Richard) |
| Filing 37 NOTICE of Appearance by Jessica M. Baquet on behalf of All Plaintiffs (aty to be noticed) (Baquet, Jessica) |
| Filing 36 MOTION for Leave to Appear Pro Hac Vice Connor A. Sabatino Filing fee $ 25, receipt number 0207-7220049. by CVS Caremark Corp.. (Attachments: #1 Affidavit of Connor A. Sabatino, #2 Proposed Order, #3 Certificate of Service) (Aronoff, Yonaton) |
| Filing 35 MOTION for Leave to Appear Pro Hac Vice Michael D. Leffel Filing fee $ 25, receipt number 0207-7219219. by CVS Caremark Corp.. (Attachments: #1 Affidavit of Michael D. Leffel, #2 Proposed Order, #3 Certificate of Service) (Aronoff, Yonaton) |
| Filing 34 AFFIDAVIT/DECLARATION in Support re #31 MOTION for Order to Show Cause to Vacate Temporary Restraining Order, #29 MOTION for Order to Show Cause to Compel Arbitration filed by CVS Caremark Corp.. (Attachments: #1 Exhibit A to Declaration of Shawn Smith, #2 Exhibit B to Declaration of Shawn Smith) (Aronoff, Yonaton) |
| Filing 33 AFFIDAVIT/DECLARATION in Support re #31 MOTION for Order to Show Cause to Vacate Temporary Restraining Order filed by CVS Caremark Corp.. (Attachments: #1 Exhibit A to Declaration of Yonaton Aronoff, Esq., #2 Exhibit B to Declaration of Yonaton Aronoff, Esq., #3 Exhibit C to Declaration of Yonaton Aronoff, Esq., #4 Exhibit D to Declaration of Yonaton Aronoff, Esq., #5 Exhibit E to Declaration of Yonaton Aronoff, Esq.) (Aronoff, Yonaton) |
| Filing 32 MEMORANDUM in Support re #31 MOTION for Order to Show Cause to Vacate Temporary Restraining Order filed by CVS Caremark Corp.. (Aronoff, Yonaton) |
| Filing 31 MOTION for Order to Show Cause to Vacate Temporary Restraining Order by CVS Caremark Corp.. (Aronoff, Yonaton) |
| Filing 30 MEMORANDUM in Support re #29 MOTION for Order to Show Cause to Compel Arbitration filed by CVS Caremark Corp.. (Attachments: #1 Exhibits 1-7) (Aronoff, Yonaton) |
| Filing 29 MOTION for Order to Show Cause to Compel Arbitration by CVS Caremark Corp.. (Aronoff, Yonaton) |
| Filing 28 Letter to Hon. Arthur D. Spatt regarding Exhibits filed under Docket No. 23 by Nick Canner, HM Compounding Services, LLC, Victor Paduano, Frank Scala (Attachments: #1 Exhibit A, #2 Exhibit B) (Camhi, Stanley) |
| Filing 27 MOTION for Leave to Appear Pro Hac Vice Robert H. Griffith Filing fee $ 25, receipt number 0207-7216539. by CVS Caremark Corp.. (Attachments: #1 Affidavit of Robert H. Griffith, #2 Proposed Order, #3 Certificate of Service) (Aronoff, Yonaton) |
| Incorrect Case/Document/Entry Information. At the request of counsel and with the approval of Chambers the 23-4 Exhibit A to the Reiter Affidavit and 23-5 Exhibit B to the Reiter Affidavit have been deleted from the above-referenced case as they inadvertently contained personal identifiers. Counsel has advised they will refile the Exhibits redacting the personal identifiers. (Coleman, Laurie) |
| Filing 26 NOTICE of Appearance by Peter Joseph Fazio on behalf of Prime Therapeutics LLC (aty to be noticed) (Fazio, Peter) |
| Filing 25 Corporate Disclosure Statement by Nick Canner, HM Compounding Services, LLC, Victor Paduano, Frank Scala (Camhi, Stanley) |
| Filing 24 NOTICE of Appearance by Stanley A. Camhi on behalf of Nick Canner, HM Compounding Services, LLC, Victor Paduano, Frank Scala (notification declined or already on case) (Camhi, Stanley) |
| Filing 23 MOTION for Order to Show Cause -to Hold Defendants' in Contempt by Nick Canner, HM Compounding Services, LLC, Victor Paduano, Frank Scala. (Attachments: #1 Declaration Declaration of Stanley A. Camhi, Esq. in Support of Order to Show Cause to Hold Defendants in Contempt, #2 Exhibit Ex. A to Declaration of Stanley A. Camhi, Esq., #3 Affidavit in Support Affidavit of Barry Reiter in Support of Plaintiffs' Motion to Hold Express Scripts, CVS Caremark and Optum Rx in Contempt, # 4 Exhibit Ex. A to Reiter Affidavit, # 5 Exhibit Ex. B to Reiter Affidavit, #6 Exhibit Ex. C to Reiter Affidavit, #7 Exhibit Ex. D to Reiter Affidavit, #8 Exhibit Ex. E to Reiter Affidavit, #9 Exhibit Ex. F to Reiter Affidavit, #10 Exhibit Ex. G to Reiter Affidavit, #11 Exhibit Ex. H to Reiter Affidavit, #12 Exhibit Ex. I to Reiter Affidavit, #13 Exhibit Ex. I Part 2 to Reiter Affidavit, #14 Exhibit Ex. J to Reiter Affidavit, #15 Affidavit Affidavit of Marc Poirier in Support of Order to Show Cause) (Camhi, Stanley) |
| Filing 22 NOTICE of Appearance by Dai Wai Chin Feman on behalf of OptumRx, Inc. (aty to be noticed) (Chin Feman, Dai) |
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Filing 21
ORDER granting #17 Motion for Sarah C. Hellman to Appear Pro Hac Vice in the above-captioned case. Ordered by Judge Arthur D. Spatt on 9/17/2014. (Coleman, Laurie)
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Filing 20
ORDER granting #16 Motion for Christopher A. Smith to Appear Pro Hac Vice in the above-referenced case. Ordered by Judge Arthur D. Spatt on 9/17/2014. (Coleman, Laurie)
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| Incorrect Case/Document/Entry Information. The #20 Order granting the Motion to admit Christopher A. Smith Pro Hac Vice has been deleted from the above-referenced case and re-entered as it was inadvertently linked to the wrong Motion. (Coleman, Laurie) |
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ORDER granting #16 #17 : The motions of Christopher A. Smith and Sarah C. Hellmann for leave to appear pro hac vice are granted. Ordered by Magistrate Judge Arlene R. Lindsay on 9/17/2014. c/ecf (Miller, Dina)
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| Filing 19 MEMORANDUM in Support re #13 MOTION for Order to Show Cause to vacate the temporary restraining order Supplemental, AFFIDAVIT/DECLARATION in Support re #13 MOTION for Order to Show Cause to vacate the temporary restraining order filed by Express Scripts, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit) (Husgen, Jason) |
| Filing 18 NOTICE of Appearance by Jason Husgen on behalf of Express Scripts, Inc. (aty to be noticed) (Husgen, Jason) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice of Sarah Hellmann Filing fee $ 25, receipt number 0207-7201678. by Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing for Sarah Hellmann, #2 Proposed Order) (Hellmann, Sarah) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice of Christopher Smith Filing fee $ 25, receipt number 0207-7201601. by Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing for Chris Smith, #2 Proposed Order) (Smith, Christopher) |
| Filing 15 Letter to the Hon. Arthur D. Spatt by Express Scripts, Inc. (Attachments: #1 Amended Order to Show Cause, #2 Amended Declaration of Ally Hack in support of motion to vacate the temporary restraining order) (Hack, Ally) |
| Filing 14 MEMORANDUM in Support re #13 MOTION for Order to Show Cause to vacate the temporary restraining order filed by Express Scripts, Inc.. (Hack, Ally) |
| Filing 13 MOTION for Order to Show Cause to vacate the temporary restraining order by Express Scripts, Inc.. (Attachments: #1 Declaration of Ally Hack in Support of Motion to Vacate, #2 Exhibit 1 to Hack Declaration) (Hack, Ally) |
| Filing 12 MEMORANDUM in Support re #11 MOTION for Order to Show Cause to Sever filed by Express Scripts, Inc.. (Hack, Ally) |
| Filing 11 MOTION for Order to Show Cause to Sever by Express Scripts, Inc.. (Attachments: #1 Declaration of Ally Hack in Support, #2 Exhibit 1 to Hack Declaration) (Hack, Ally) |
| Filing 10 NOTICE of Appearance by Ally Hack on behalf of Express Scripts, Inc. (aty to be noticed) (Hack, Ally) |
| Filing 9 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (McMorrow, Karen) |
| Filing 8 Corporate Disclosure Statement by Prime Therapeutics LLC identifying Other Affiliate Blue Cross and Blue Shield of Florida, Inc., Other Affiliate Prime Therapeutics, Inc., Other Affiliate Health Care Service Corporation, a Mutual Legal Reserve Company, Other Affiliate Blue Cross and Blue Shield of Alabama, Inc., Other Affiliate Noble Health, Inc. for Prime Therapeutics LLC. (Wheaton, Jill) |
| Filing 6 NOTICE of Appearance by Jill M. Wheaton on behalf of Prime Therapeutics LLC (aty to be noticed) (Wheaton, Jill) |
| Filing 5 NOTICE of Appearance by Christopher George Karagheuzoff on behalf of OptumRx (aty to be noticed) (Karagheuzoff, Christopher) |
| Filing 4 NOTICE of Appearance by Richard H. Silberberg on behalf of OptumRx (aty to be noticed) (Silberberg, Richard) |
| NOTICE: Counsel are advised to read the Case Opening Manual located at the Court's website. Only the initiating documents should be filed. No other documents are to be filed until Judge Assignment has occurred. (McMorrow, Karen) |
| This attorney case opening filing has been checked for quality control. The following corrections were made: plaintiff party text added, defendant OptumRx corrected to match the state complaint case caption, arbitration code changed to blank, additional counsel added to the docket from the Notice of Removal and State Complaint. (McMorrow, Karen) |
| Case assigned to Judge Arthur D. Spatt and Magistrate Judge Arlene R. Lindsay. (McMorrow, Karen) |
| Filing 7 DISCLOSURE of Interested Parties by CVS Caremark Corp.. (McMorrow, Karen) |
| Filing 3 Corporate Disclosure Statement by OptumRx (Montcalm, Johnathan) |
| Filing 2 Corporate Disclosure Statement by Express Scripts, Inc. (Hack, Ally) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from New York Supreme Court, Nassau County, case number 604739-2014. ( Filing fee $ 400 receipt number 0207-7195543) (Attachments: #1 Civil Cover Sheet, #2 Rule 7.1 Statement, #3 Affidavit of Service) (Aronoff, Yonaton) |
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