Lackie Drug Store Inc v. Express Scripts et al
| Lackie Drug Store Inc |
| Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC, Express Scripts, ESI Mail Processing Inc, ESI Mail Pharmacy Service, Inc., Express Scripts Pharmacy, MedImpact Healthcare Systems Inc, MedImpact Direct LLC, OptumRx Inc, OptumRx Pharmacy Inc and Pharmaceutical Care Management Association |
| 4:2022cv01163 |
| November 2, 2022 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Patricia L Cohen |
| Ronnie L White |
| P.I.: Other |
| 28 U.S.C. § 1441 Petition for Removal- Declaratory Judgemen |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 13, 2022. A more recent docket listing may be available from PACER.
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Filing 118
ORDER: IT IS HEREBY ORDERED that the Scheduling Conference, previously set for December 15, 2022, at 1:30 p.m., is CANCELLED. IT IS FURTHER ORDERED that the Clerk of Court shall make an entry in the docket record reflecting the dismissal of this matter without prejudice. Fed. R. Civ. P. 41(a)(1)(A)(ii). Signed by District Judge Ronnie L. White on December 13, 2022. (BRP)
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| Filing 117 NOTICE of Voluntary Dismissal by Lackie Drug Store Inc (Sapp, Jason) |
| Filing 116 STATUS REPORT Joint Status Report in Lieu of Rule 26(f) Report by Lackie Drug Store Inc. (Sapp, Jason) |
| Filing 115 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Plaintiff Lackie Drug Store Inc. No corporate parents or affiliates identified. (Sapp, Jason) |
| Filing 114 DISCLOSURE OF ORGANIZATIONAL INTERESTS CERTIFICATE by Defendants ESI Mail Pharmacy Service, Inc., ESI Mail Processing Inc, Express Scripts, Express Scripts Pharmacy, Evernorth Health, Inc., Evernorth Health, Inc., Evernorth Health, Inc., Evernorth Health, Inc., CIGNA Corporation, CIGNA Corporation, CIGNA Corporation, CIGNA Corporation, Medco Health Solutions, Inc., Medco Health Services, Inc., Express Scripts, Inc., Express Scripts, Inc., Express Scripts, Inc... (Hogarth, Sarah) |
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Filing 113
RULE 16 ORDER : IT IS HEREBY ORDERED that the Initial Scheduling Order dated January 29, 2021, (ECF No. #24 ) is VACATED. IT IS FURTHER ORDERED that on the Court's own motion, the Clerk of Court shall change the case caption to: Lackie Drug Store Inc., Plaintiff, v. Express Scripts, ESI Mail Processing Inc., ESI Mail Pharmacy Service, Inc., and Express Scripts Pharmacy, Defendants and modify the short caption accordingly. The parties shall use this caption on all future filings in this action. IT IS FURTHER ORDERED that all counsel in this matter shall be familiar with the Court's Local Rules, CM/ECF Procedures Manual, and this Court's Judge's Requirements (available on the Court's website, www.moed.uscourts.gov). IT IS FURTHER ORDERED that: [SEE ORDER FOR COMPLETE DETAILS]. ( Joint Scheduling Plan due by 12/8/2022. Rule 16 Conference set for 12/15/2022 01:30 AM in Telephone Conference in Chambers before District Judge Ronnie L. White.) Signed by District Judge Ronnie L. White on 11/15/2022. (KCD)
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| Filing 112 CJRA ORDER (GJL). IT IS HEREBY ORDERED that the above styled cause is randomly reassigned from Magistrate Judge Patricia L. Cohen to District Judge Ronnie L. White. Magistrate Judge Patricia L. Cohen termed. Case reassigned to District Judge Ronnie L. White for all further proceedings (LNJ) |
| Filing 111 ENTRY of Appearance by Christopher A. Smith for Defendants ESI Mail Pharmacy Service, Inc., ESI Mail Processing Inc, Express Scripts, Express Scripts Pharmacy. (Smith, Christopher) |
| Filing 110 ENTRY of Appearance by Sarah C. Hellmann for Defendants ESI Mail Pharmacy Service, Inc., ESI Mail Processing Inc, Express Scripts, Express Scripts Pharmacy. (Hellmann, Sarah) |
| Filing 109 ENTRY of Appearance by Jason D. Sapp for Plaintiff Lackie Drug Store Inc. (Sapp, Jason) |
| Filing 108 Pursuant to Local Rule 2.08, the assigned/referred magistrate judge is designated and authorized by the court to exercise full authority in this assigned/referred action or matter under 28 U.S.C. Sec. 636 and 18 U.S.C Sec. 3401, including any case budgeting matters. (Potter, Jacob) |
| Filing 107 Case transferred in from District of Arkansas Eastern; Case Number 4:20-cv-01515. Original file certified copy of transfer order and docket sheet received. Case transferred in electronically. |
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Filing 106
ORDER: For the reasons stated, granting in part and denying in part #35 ESI's Motion to Dismiss; severing Lackie's claims against Express Scripts, ESI Mail Processing, Inc., ESI Mail Pharmacy Service, Inc, and Express Scripts Pharmacy and transferring these claims to the Eastern District of Missouri; granting in part and denying in part #39 and #104 Optum's Motions to Dismiss; and granting in part and denying in part #37 Joint Motion to Dismiss filed by all Defendants. Lackie's claims are dismissed with the exception of the ADTPA, UPA, and declaratory judgment claims against Defendant OptumRx. The claims against Defendant OptumRx Pharmacy are dismissed. Signed by Judge James M. Moody Jr. on 11/02/2022. (llg)
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| Case Opening Notification. Judge Assigned: Honorable Patricia L. Cohen. All parties must file the Notice Regarding Magistrate Judge Jurisdiction Form consenting to or opting out of the Magistrate Judge jurisdiction. Click #here for the instructions. All non-governmental organizational parties (corporations, limited liability companies, limited liability partnerships) must file a Disclosure of Organizational Interests Certificate within 10 days of the filing of the first pleading or entry of appearance # (moed-0001.pdf). Per Local Rule 12.01, attorneys who are not admitted to the Eastern District of Missouri do not need to apply for admission pro hac vice in order to practice on a case if they had already filed an entry of appearance before the case was transferred from another United States District Court. For more information, visit #attorney applications. (JBH) |
| Filing 105 RESPONSE in Opposition re #104 Supplemental MOTION to Dismiss By Optum Defendants filed by All Plaintiffs. (Poynter, Scott) |
| Filing 104 Supplemental MOTION to Dismiss by OptumRx Inc, OptumRx Pharmacy Inc (Attachments: #1 Exhibit 1)(Talley, Graham) |
| Filing 103 STATUS REPORT by OptumRx Inc, OptumRx Pharmacy Inc. (Talley, Graham) |
| Filing 102 STATUS REPORT AND POSITION STATEMENT by Lackie Drug Store Inc. (Poynter, Scott) |
| NOTICE OF DOCKET CORRECTION re #37 Motion. CORRECTION: The docket entry was modified to correct the filing event and description as follows, "Joint MOTION to Dismiss and Supporting Brief filed by ESI Mail Pharmacy Service Inc, ESI Mail Processing Inc, Express Scripts, Express Scripts Pharmacy." (cmn) |
| Filing 101 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)Minute Entry for proceedings held before Magistrate Judge Patricia S. Harris:Settlement Conference held on 1/24/2022. The parties were unable to reach an agreement on this date.Everett Clarke Tucker, IV, James Clark Wyly, John Randall Whaley, Phillip Daniel Holland, Scott E. Poynter, Sean Fletcher Rommel, M. Darren Quinn, Preston Tull Eldridge for Plaintiff; Megan D. Hargraves and Graham Caughman Talley for Defendants. (ECRO Colleen DuBose) (cfd) |
| Filing 100 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)Minute Entry for proceedings held before Magistrate Judge Patricia S. Harris: Settlement Conference held on 1/18/2022. The parties were unable to reach a settlement agreement on this date. Everette Clarke Tucker, IV, James Clark Wyly, John Randall Whaley, Phillip Holland, Scott Poynter, Sean Fletcher Rommell, M. Darren O'Quinn, and Preston Tull Eldridge for Plaintiff; Jennifer Butler Routh, Michael B. Kimberly, and Robert Ryan Younger for Defendant Express Scripts. (ECRO Colleen DuBose) (cfd) |
| Filing 99 NOTICE of Hearing: Settlement Conference as to Optum Defendants set for 1/24/2022 at 9:30 AM in Little Rock Courtroom # 1B before Magistrate Judge Patricia S. Harris. (cfd) |
| Filing 98 NOTICE OF DOCKET CORRECTION re #97 Notice of Hearing. CORRECTION: The original document was attached in error (incorrect hearing date). The correct document was added to docket entry #97 and is attached hereto for service on the parties. (jak) |
| Filing 97 NOTICE of Hearing: Settlement Conference as to Express Scripts Defendants set for 1/18/2022 at 9:30 AM in Little Rock Courtroom # 1B before Magistrate Judge Patricia S. Harris. (cfd) (Additional attachment(s) added on 12/21/2021: #1 Main Document - Correct) (jak). |
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Filing 96
ORDER granting #33 Motion to Dismiss filed by Pharmaceutical Care Management Association; granting #42 Motion to Compel Arbitration and Dismiss filed by the Caremark Defendants; and holding in abeyance, pending settlement conferences by United States Magistrate Judge Patricia S. Harris, #39 and #35 Motions to Dismiss filed by the Optum Defendants and the ESI Defendants. Signed by Judge James M. Moody Jr. on 11/29/2021. (llg)
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Filing 95
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER denying #41 Motion to Seal and Redact; granting #65 Motion for Leave to File Unredacted Response; denying #71 Motion for Order to Redact; denying #75 Motion for Leave to File under Seal. Signed by Judge James M. Moody Jr. on 9/23/2021. (sjh)
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| Filing 94 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.)CLERK'S MINUTES for proceedings held before Judge James M. Moody Jr.:MOTION HEARING held on 9/14/2021. Scott Poynter and Sean Fletcher Rommel were present for Plaintiff, Lackie Drug Store, Inc.; Seth Horvath was present for Plaintiffs Arkansas CVS Pharmacy, LLC, CVS Health Corporation, Caremark, LLC and CaremarkPCS, LLC; Michael Kimberly and Ryan Younger were present for Express Scripts, ESI mail Processing, Inc, ESI Mail Pharmacy Service, Inc., and Express Scripts Pharmacy; Graham Caughman Talley was present for OptumRx, Inc., and Optum Rx Pharmacy, Inc.; Kristyn DeFilipp was present for Pharmaceutical Care Management Association. After argument from counsel, the Court takes the matter under advisement. A written Order is forthcoming. (Court Reporter: Valarie Flora.) (kog) |
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Filing 93
ORDER: Preston Eldridge is hereby authorized to bring a cell phone, laptop computer, or personal digital assistant into the courthouse in Little Rock, Arkansas, for the hearing today subject to the rules in this Order. Signed by Judge James M. Moody Jr. on 9/14/2021. (jbh)
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Filing 92
ORDER authorizing Michael Kimberly, Kristin Defilipp and Seth Horvath to bring electronic devices into the courthouse in Little Rock, Arkansas, for the motion hearing on 9/14/2021. Signed by Judge James M. Moody Jr. on 9/13/2021. (kdr)
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| Filing 91 (This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE of Hearing on #33 Motion to Dismiss #35 , Motion to Dismiss, #42 MOTION to Compel Arbitration and Dismiss, #39 Motion to Dismiss: MOTION HEARING set for 9/14/2021 at 1:00 PM in Little Rock Courtroom # 4A before Judge James M. Moody Jr.(kog) |
| Filing 90 REPLY to Response to Motion re #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM SEPARATE DEFENDANTS MOTION TO DISMISS filed by OptumRx Inc, OptumRx Pharmacy Inc. (Talley, Graham) |
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Filing 89
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #87 Motion for Leave to File. Signed by Judge James M. Moody Jr. on 8/9/2021. (sjh)
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| Filing 88 NOTICE of Appearance by Kierstan Schultz on behalf of Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC (Schultz, Kierstan) |
| Filing 87 MOTION for Leave to File Second Supplemental Reply Brief in Further Support of Motion to Dismiss by OptumRx Inc, OptumRx Pharmacy Inc (Attachments: #1 Document Second Supplemental Reply Brief in Further Support of Motion to Dismiss)(Talley, Graham) |
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Filing 86
ORDER granting #80 motion to admit counsel pro hac vice on behalf of Separate Defendants, CVS Health Corporation, Caremark, LLC, and CaremarkPCS, LLC. Kierstan Schultz is hereby admitted to appear before this Court as co-counsel of record in this action. Signed by Judge James M. Moody Jr. on 08/04/2021. (llg)
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Filing 85
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #84 Motion to Withdraw as attorney. Signed by Judge James M. Moody Jr. on 7/21/2021. (sjh)
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| Filing 84 MOTION to Withdraw Appearance by Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC (Davis, Eliza) |
| NOTICE OF DOCKET CORRECTION re #83 Response in Support of Motion. CORRECTION: The docket text was modified to correct the description of the document filed as "SECOND SUPPLEMENT to #78 Response in Opposition re #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Plaintiffs" as marked on the document. (jak) |
| Filing 83 SECOND SUPPLEMENT to #78 Response in Opposition re #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Plaintiffs. (Attachments: #1 Exhibit EX A - Supplemental Authority)(Poynter, Scott) (Docket text modified on 7/21/2021 to correct the description of the document filed) (jak) |
| Filing 82 REPLY to Response to Motion re #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM SEPARATE DEFENDANTS MOTION TO DISMISS filed by OptumRx Inc, OptumRx Pharmacy Inc. (Talley, Graham) |
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Filing 81
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #79 Motion for Leave to File Supplemental Reply on or before July 16, 2021. Signed by Judge James M. Moody Jr. on 7/13/2021. (sjh)
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| Filing 80 MOTION for Leave to Appear pro hac vice by Kierstan Schultz. Fee $100 receipt number AAREDC-4052781. Filed by Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC (Owens, Daniel) |
| NOTICE OF DOCKET CORRECTION re #79 MOTION for Leave to File Reply Brief. CORRECTION: The docket text was modified to establish linkage to #39 Motion to Dismiss. (jak) |
| Filing 79 MOTION for Leave to File Supplemental Reply Brief in Further Support of #39 Motion to Dismiss by OptumRx Inc, OptumRx Pharmacy Inc (Attachments: #1 Supplement Proposed Supplemental Reply Brief)(Talley, Graham) (Docket text modified on 7/8/2021 to establish linkage)(jak) |
| Filing 78 RESPONSE in Opposition re #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM SEPARATE DEFENDANTS MOTION TO DISMISS - FIRST SUPPLEMENTAL BRIEF filed by All Plaintiffs. (Poynter, Scott) |
| Filing 77 RESPONSE in Opposition re #71 MOTION for Order to Redact Sections of Reply ISO Motion to Compel Arbitration and Dismiss by Defendant Caremark filed by All Plaintiffs. (Poynter, Scott) |
| Filing 76 RESPONSE in Opposition re #75 MOTION for Leave to File Exhibit Under Seal by Defendant Optum filed by All Plaintiffs. (Poynter, Scott) |
| Filing 75 MOTION for Leave to File Exhibit Under Seal by OptumRx Inc, OptumRx Pharmacy Inc (Hargraves, Megan) |
| Filing 74 REPLY to Response to Motion re #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM SEPARATE DEFENDANTS MOTION TO DISMISS filed by OptumRx Inc, OptumRx Pharmacy Inc. (Attachments: #1 Exhibit 3/1/2021 Email, #2 Exhibit 3/5/2021 Email)(Hargraves, Megan) |
| Filing 73 REPLY to Response to Motion re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Pharmaceutical Care Management Association. (Shults, Peter) |
| Filing 72 REPLY to Response to Motion re #42 MOTION to Compel Arbitration and Dismiss (Redacted Reply) filed by Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC. (Owens, Daniel) |
| Filing 71 MOTION for Order to Redact Sections of Reply ISO Motion to Compel Arbitration and Dismiss by Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC (Owens, Daniel) |
| Filing 70 BRIEF IN SUPPORT re #35 Motion to Dismiss, The Express Scripts Defendants' Separate Brief in Support of Their Motion to Dismiss or in the Alternative to Sever, Strike Class Allegations, and Transfer filed by ESI Mail Pharmacy Service Inc, ESI Mail Processing Inc, Express Scripts, Express Scripts Pharmacy. (Younger, Robert) |
| Filing 69 BRIEF IN SUPPORT re #33 Motion to Dismiss for Failure to State a Claim, #42 Motion to Compel, #35 Motion to Dismiss, #39 Motion to Dismiss for Failure to State a Claim, Defendants' Joint Reply Brief in Support of Their Motions to Dismiss filed by ESI Mail Pharmacy Service Inc, ESI Mail Processing Inc, Express Scripts, Express Scripts Pharmacy. (Younger, Robert) |
| Filing 68 RESPONSE in Opposition re #35 MOTION to Dismiss The Express Scripts Defendants' Motion to Dismiss or in the Alternative to Sever, Strike Class Allegations, and Transfer -- ESI filed by All Plaintiffs. (Poynter, Scott) |
| Filing 67 RESPONSE in Opposition re #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM SEPARATE DEFENDANTS MOTION TO DISMISS -- OPTUM filed by All Plaintiffs. (Poynter, Scott) |
| Filing 66 NOTICE by All Plaintiffs re #64 Response in Opposition to Motion - Notice of Filing EXHIBIT 1 to Response (Poynter, Scott) |
| Filing 65 MOTION for Leave to File Plaintiffs' Unredacted Opposition Brief to Caremark's Arbitration Motion Under Seal by All Plaintiffs (Poynter, Scott) |
| Filing 64 RESPONSE in Opposition re #42 MOTION to Compel Arbitration and Dismiss - Caremark Defendants (REDACTED) filed by All Plaintiffs. (Poynter, Scott) |
| Filing 63 RESPONSE in Opposition re #33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #42 MOTION to Compel Arbitration and Dismiss, #35 MOTION to Dismiss The Express Scripts Defendants' Motion to Dismiss or in the Alternative to Sever, Strike Class Allegations, and Transfer, #39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM SEPARATE DEFENDANTS MOTION TO DISMISS - OPPOSITION TO JOINT MOTIONS TO DISMISS filed by All Plaintiffs. (Poynter, Scott) |
| Filing 62 NOTICE of Appearance by Preston Tull Eldridge on behalf of Lackie Drug Store Inc (Eldridge, Preston) |
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Filing 61
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #60 Motion to Extend Time for Plaintiff's response to the motions to dismiss [33, 35, 39, 42] until April 30, 2021 and replies until May 28, 2021. Signed by Judge James M. Moody Jr. on 4/7/2021. (sjh)
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| Filing 60 Joint MOTION to Extend Time Joint Motion to Set Briefing Schedule by ESI Mail Pharmacy Service Inc, ESI Mail Processing Inc, Express Scripts, Express Scripts Pharmacy (Kimberly, Michael) |
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Filing 59
ORDER granting #55 motion to admit counsel pro hac vice. John Randall Whaley is hereby admitted to appear before this Court as co-counsel of record in this action. Signed by Judge James M. Moody Jr. on 4/1/2021. (ljb)
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Filing 58
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #57 Motion to Withdraw as Attorney. Attorney Lyn Peeples Pruitt terminated. Signed by Judge James M. Moody Jr. on 3/30/2021. (sjh)
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| Filing 57 MOTION to Withdraw as Attorney and Substitution of Counsel by OptumRx Inc, OptumRx Pharmacy Inc (Pruitt, Lyn) |
| Filing 56 NOTICE of Appearance by Graham Caughman Talley on behalf of OptumRx Inc, OptumRx Pharmacy Inc (Talley, Graham) |
| Filing 55 MOTION for Leave to Appear pro hac vice by J.R. Whaley. Fee $100 receipt number AAREDC-3974510. Filed by All Plaintiffs (Attachments: #1 Document Certificate of Good Standing - JR Whaley)(Holland, Philip) |
| Filing 54 BRIEF IN SUPPORT re #41 Motion to Seal, REPLY IN SUPPORT OF CAREMARKS MOTION FOR LEAVE TO REDACT SECTIONS OF, AND SEAL EXHIBITS TO, CAREMARKS BRIEF IN SUPPORT OF MOTION TO COMPEL ARBITRATION AND DISMISS UNDER THE FEDERAL ARBITRATION ACT filed by Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC. (Owens, Daniel) |
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Filing 53
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #52 Motion for Leave to File Reply. Signed by Judge James M. Moody Jr. on 3/18/2021. (sjh)
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| Filing 52 MOTION for Leave to File Reply to Plaintiffs' Response to Caremarks Motion for Leave to Redact Sections of, and Seal Exhibits to, Caremarks Brief in Support of Motion to Compel Arbitration and Dismiss Under the Federal Arbitration Act by Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC (Attachments: #1 Exhibit)(Owens, Daniel) |
| Filing 51 RESPONSE in Opposition re #41 MOTION to Seal Exhibits and Redact Sections of Caremark's Brief in Support of Motion to Compel Arbitration and Dismiss under Federal Arbitration Act filed by All Plaintiffs. (Poynter, Scott) |
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Filing 50
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #47 Motion to Stay the Rule 26(f) Conference Deadline and all related deadlines imposed by the Courts Initial Scheduling Order, the Local Rules, and the Federal Rules of Civil Procedure until the Court has ruled on the Motions to Dismiss. Signed by Judge James M. Moody Jr. on 3/8/2021. (sjh)
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| Filing 49 NOTICE by All Plaintiffs re #41 MOTION to Seal Exhibits and Redact Sections of Caremark's Brief in Support of Motion to Compel Arbitration and Dismiss under Federal Arbitration Act - Plaintiff's Intention to OPPOSE Motion for Leave (Poynter, Scott) |
| Filing 48 NOTICE of Appearance by M. Darren O'Quinn on behalf of All Plaintiffs (O'Quinn, M.) |
| Filing 47 Joint MOTION to Stay JOINT MOTION TO STAY RULE 26(f) CONFERENCE AND RELATED DEADLINES, AND FOR LEAVE TO CONDUCT LIMITED DISCOVERY by ESI Mail Pharmacy Service Inc, ESI Mail Processing Inc, Express Scripts, Express Scripts Pharmacy (Younger, Robert) |
| Filing 46 Corporate Disclosure Statement (Rule 7.1) by OptumRx Inc, OptumRx Pharmacy Inc (Pruitt, Lyn) |
| Filing 45 Corporate Disclosure Statement (Rule 7.1) by Pharmaceutical Care Management Association (Shults, Peter) |
| Filing 44 Corporate Disclosure Statement (Rule 7.1) by Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC (Owens, Daniel) |
| Filing 43 BRIEF IN SUPPORT re #42 Motion to Compel Arbitration filed by Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Owens, Daniel) |
| Filing 42 MOTION to Compel Arbitration and Dismiss by Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC (Owens, Daniel) |
| Filing 41 MOTION to Seal Exhibits and Redact Sections of Caremark's Brief in Support of Motion to Compel Arbitration and Dismiss under Federal Arbitration Act by Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC (Owens, Daniel) |
| Filing 40 BRIEF IN SUPPORT re #39 Motion to Dismiss for Failure to State a Claim, SEPARATE DEFENDANTS BRIEF IN SUPPORT OF MOTION TO DISMISS filed by OptumRx Inc, OptumRx Pharmacy Inc. (Pruitt, Lyn) |
| Filing 39 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM SEPARATE DEFENDANTS MOTION TO DISMISS by OptumRx Inc, OptumRx Pharmacy Inc (Attachments: #1 Exhibit 1- Pharmacy Network Agreement (REDACTED), #2 Exhibit 2 - Declaration of Joshua Van Ginkel)(Pruitt, Lyn) |
| Filing 38 Corporate Disclosure Statement (Rule 7.1) by ESI Mail Pharmacy Service Inc, ESI Mail Processing Inc, Express Scripts, Express Scripts Pharmacy (Younger, Robert) |
| Filing 37 Joint MOTION to Dismiss and Supporting Brief filed by ESI Mail Pharmacy Service Inc, ESI Mail Processing Inc, Express Scripts, Express Scripts Pharmacy. (Younger, Robert) (Docket entry modified on 9/7/2022 to correct filing event and description pursuant to instruction from Chambers.)(cmn) |
| Filing 36 BRIEF IN SUPPORT re #35 Motion to Dismiss, filed by ESI Mail Pharmacy Service Inc, ESI Mail Processing Inc, Express Scripts, Express Scripts Pharmacy. (Attachments: #1 Declaration of Adam Stacy)(Younger, Robert) |
| Filing 35 MOTION to Dismiss The Express Scripts Defendants' Motion to Dismiss or in the Alternative to Sever, Strike Class Allegations, and Transfer by ESI Mail Pharmacy Service Inc, ESI Mail Processing Inc, Express Scripts, Express Scripts Pharmacy (Younger, Robert) |
| Filing 34 BRIEF IN SUPPORT re #33 Motion to Dismiss for Failure to State a Claim filed by Pharmaceutical Care Management Association. (Shults, Peter) |
| Filing 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Pharmaceutical Care Management Association (Shults, Peter) |
| Filing 32 NOTICE of Voluntary Dismissal by Lackie Drug Store Inc (Poynter, Scott) |
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Filing 31
ORDER granting #29 and #30 motions to admit counsel pro hac vice. Jennifer B. Routh and Warren Haskel are hereby admitted to appear before this Court as co-counsel of record in this action. Signed by Judge James M. Moody Jr. on 2/22/2021. (ljb)
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| NOTICE OF DOCKET CORRECTION re #25 Notice of Appearance. CORRECTION: The docket entry was modified to correct the filing parties and description as follows, "NOTICE of Appearance by Kevin P. Shea on behalf of Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC" as marked on the document. (cmn) |
| NOTICE OF DOCKET CORRECTION re #26 Notice of Appearance. CORRECTION: The docket entry was modified to correct the filing parties and description as follows, "NOTICE of Appearance by Michael J. Philippi on behalf of Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC" as marked on the document. (cmn) |
| NOTICE OF DOCKET CORRECTION re #27 Notice of Appearance. CORRECTION: The docket entry was modified to correct the filing parties and description as follows, "NOTICE of Appearance by Eliza T. Davis on behalf of Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC" as marked on the document. (cmn) |
| NOTICE OF DOCKET CORRECTION re #28 Notice of Appearance. CORRECTION: The docket entry was modified to correct the filing parties and description as follows, "NOTICE of Appearance by Seth A. Horvath on behalf of Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC" as marked on the document. (cmn) |
| Filing 30 MOTION for Leave to Appear pro hac vice by Warren Haskel. Fee $100 receipt number AAREDC-3943502. Filed by ESI Mail Pharmacy Service Inc, ESI Mail Processing Inc, Express Scripts, Express Scripts Pharmacy (Younger, Robert) |
| Filing 29 MOTION for Leave to Appear pro hac vice by Jennifer B. Routh. Fee $100 receipt number AAREDC-3943486. Filed by ESI Mail Pharmacy Service Inc, ESI Mail Processing Inc, Express Scripts, Express Scripts Pharmacy (Younger, Robert) |
| Filing 28 NOTICE of Appearance by Seth A. Horvath on behalf of Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC. (Owens, Daniel) (Docket text modified on 2/22/2021 to correct attorney name and filing parties.)(cmn) |
| Filing 27 NOTICE of Appearance by Eliza T. Davis on behalf of Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC. (Owens, Daniel) (Docket text modified on 2/22/2021 to correct attorney name and filing parties.)(cmn) |
| Filing 26 NOTICE of Appearance by Michael J. Philippi on behalf of Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC. (Owens, Daniel) (Docket text modified on 2/22/2021 to correct attorney name and filing party.)(cmn) |
| Filing 25 NOTICE of Appearance by Kevin P. Shea on behalf of Arkansas CVS Pharmacy LLC, CVS Health Corporation, Caremark LLC, CaremarkPCS LLC.(Owens, Daniel) (Docket text modified on 2/22/2021 to correct attorney name and filing parties.)(cmn) |
| Filing 24 INITIAL SCHEDULING ORDER:Rule 26(f) Conference to occur by 3/10/2021; Rule 26(f) Report due by 3/24/2021. Proposed Jury Trial set sometime during the week of 6/20/2022 at 9:15 AM in Little Rock Courtroom # 4A before Judge James M. Moody Jr. Signed at the Direction of the Court on 1/29/2021. (Attachments: #1 Proposed Final Scheduling Order)(kog) |
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Filing 23
ORDER granting #19 , #20 , #21 , and #22 motions to admit counsel pro hac vice. Kevin Shea, Eliza Davis, Michael Philippi, and Seth Horvath are hereby admitted to appear before this Court as co-counsel of record in this action. Signed by Judge James M. Moody Jr. on 1/29/2021. (ljb)
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| Filing 22 MOTION for Leave to Appear pro hac vice by Seth Horvath. Fee $100 receipt number AAREDC-3912494. Filed by Arkansas CVS Pharmacy LLC (Alexander, Micheal) |
| Filing 21 MOTION for Leave to Appear pro hac vice by Michael Philippi. Fee $100 receipt number AAREDC-3912477. Filed by Arkansas CVS Pharmacy LLC (Alexander, Micheal) |
| Filing 20 MOTION for Leave to Appear pro hac vice by Eliza Davis. Fee $100 receipt number AAREDC-3912458. Filed by Arkansas CVS Pharmacy LLC (Alexander, Micheal) |
| Filing 19 MOTION for Leave to Appear pro hac vice by Kevin Shea. Fee $100 receipt number AAREDC-3912431. Filed by Arkansas CVS Pharmacy LLC (Alexander, Micheal) |
| Filing 18 AMENDED COMPLAINT - SECOND AMENDED CLASS ACTION COMPLAINT with Jury Demand against All Defendants, filed by Lackie Drug Store Inc(Poynter, Scott) |
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Filing 17
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #15 Motion to Amend the Complaint pursuant to Rule 15(a)(1). Signed by Judge James M. Moody Jr. on 1/11/2021. (sjh)
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Filing 16
ORDER granting #13 and #14 motions to admit counsel pro hac vice on behalf of Separate Defendant, Pharmaceutical Care Management Association. Kristyn DeFilipp and Dean Richlin are hereby admitted to appear before this Court as co-counsel of record in this action. Signed by Judge James M. Moody Jr. on 1/11/2021. (ljb)
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| Filing 15 MOTION to Amend/Correct Complaint as a Matter of Course, or Alternatively Under Rule 15(a)(2) by All Plaintiffs (Attachments: #1 Exhibit EX A - Proposed Amended Complaint)(Poynter, Scott) |
| Filing 14 MOTION for Leave to Appear pro hac vice by Dean Richlin. Fee $100 receipt number AAREDC-3907091. Filed by Pharmaceutical Care Management Association (Shults, Steven) |
| Filing 13 MOTION for Leave to Appear pro hac vice by Kristyn DeFilipp. Fee $100 receipt number AAREDC-3907083. Filed by Pharmaceutical Care Management Association (Shults, Steven) |
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Filing 12
ORDER granting #10 and #11 motions to admit counsel pro hac vice. Michael B. Kimberly and Sarah P. Hogarth are hereby admitted to appear before this Court as co-counsel of record in this action. Signed by Judge James M. Moody Jr. on 1/7/2021. (ljb)
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| Filing 11 MOTION for Leave to Appear pro hac vice by Sarah P. Hogarth. Fee $100 receipt number AAREDC-3906606. Filed by ESI Mail Pharmacy Service Inc, ESI Mail Processing Inc, Express Scripts, Express Scripts Pharmacy (Younger, Robert) |
| Filing 10 MOTION for Leave to Appear pro hac vice by Michael B. Kimberly. Fee $100 receipt number AAREDC-3906596. Filed by ESI Mail Pharmacy Service Inc, ESI Mail Processing Inc, Express Scripts, Express Scripts Pharmacy (Younger, Robert) |
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Filing 9
ORDER granting #4 and #5 motions to admit counsel pro hac vice. Camille Bass and Samantha Brown are hereby admitted to appear before this Court as co-counsel of record in this action. Signed by Judge James M. Moody Jr. on 1/6/2021. (ljb)
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Filing 8
ORDER directing the Clerk to reassign a Magistrate Judge to this case. Signed by Judge James M. Moody Jr. on 1/4/2021. (ljb)
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Filing 7
(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) ORDER granting #6 Motion to Extend Time to respond to the First Amended Complaint. Signed by Judge James M. Moody Jr. on 1/4/2021. (sjh)
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| Filing 6 Unopposed MOTION to Extend Time to Respond to First Amended Complaint by OptumRx Inc, OptumRx Pharmacy Inc (Pruitt, Lyn) |
| Filing 5 MOTION for Leave to Appear pro hac vice by Samantha Brown. Fee $100 receipt number AAREDC-3900308. Filed by MedImpact Direct LLC, MedImpact Healthcare Systems Inc (Heller, Christopher) |
| Filing 4 MOTION for Leave to Appear pro hac vice by Camille Bass. Fee $100 receipt number AAREDC-3900286. Filed by MedImpact Direct LLC, MedImpact Healthcare Systems Inc (Heller, Christopher) |
| Filing 3 NOTICE of Appearance by Christopher J. Heller on behalf of MedImpact Direct LLC, MedImpact Healthcare Systems Inc (Heller, Christopher) |
| Filing 2 FIRST AMENDED COMPLAINT with Jury Demand against All Defendants filed by Lackie Drug Store Inc.(ajt) |
| Filing 1 NOTICE OF REMOVAL by All Defendants from Lonoke County Circuit Court, case number 43CV-20-752. Fee $402 paid, receipt number LIT080277. (Attachments: #1 Civil Cover Sheet)(ajt) |
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