LO NG Pharmacy Corp. v. Express Scripts, Inc. et al
| LO NG Pharmacy Corp. |
| Express Scripts, Inc. and Medco Health Solutions, Inc. |
| 4:2023cv01662 |
| December 19, 2023 |
| US District Court for the Eastern District of Missouri |
| Matthew T Schelp |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| None |
Docket Report
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This docket was last retrieved on January 11, 2024. A more recent docket listing may be available from PACER.
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Filing 47
Docket Text ORDER: IT IS HEREBY ORDERED that Defendants' Consent Motion for Extension of Time, Doc. #46 , is GRANTED. Defendants shall have through March 1, 2024 to file their responsive pleadings. (Express Scripts, Inc. answer due 3/1/2024; Medco Health Solutions, Inc. answer due 3/1/2024.) Signed by District Judge Matthew T. Schelp on 1/11/2024. (TMT)
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| Filing 46 Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Defendants Express Scripts, Inc., Medco Health Solutions, Inc.. (Smith, Christopher) |
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Filing 45
Docket Text ORDER: IT IS HEREBY ORDERED that the Verified Motion for Admission Pro Hac Vice, Doc. #44 , is GRANTED. Signed by District Judge Matthew T. Schelp on 1/4/2024. (TMT)
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| Filing 44 MOTION for Leave to Appear Pro Hac Vice Satish V. Poondi, Esq.. The Certificate of Good Standing was attached.(Filing fee $150 receipt number AMOEDC-10356150) by Plaintiff LO NG Pharmacy Corp.. (Attachments: #1 Exhibit A - Cert of Good Standing)(Poondi, Satish) |
| Filing 43 SEALED EXHIBIT by Defendants Medco Health Solutions, Inc., Express Scripts, Inc.. (KCD) |
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Filing 42
Docket Text ORDER Re: #29 Motion for Leave to File Under Seal by Defendants Express Scripts, Inc., Medco Health Solutions, Inc; ORDERED GRANTED. Signed by District Judge Matthew T. Schelp on 12/29/2023. (KCD)
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| Filing 41 SEALED EXHIBIT - Part 1 by Plaintiff LO NG Pharmacy Corp. . (Attachments: #1 Exhibit Part 2, #2 Exhibit Part 3, #3 Exhibit Part 4, #4 Exhibit Part 5, #5 Exhibit Part 6)(KCD) |
| Filing 40 SEALED EXHIBIT by Plaintiff LO NG Pharmacy Corp. . (KCD) |
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Filing 39
Docket Text ORDER Re: #14 & #17 Motion for Leave to File Under Seal Unsealed Motion for Sealing Pursuant to Rule 13.05 by Plaintiff LO NG Pharmacy Corp; ORDERED GRANTED. Signed by District Judge Matthew T. Schelp on 12/29/2023. (KCD)
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| Filing 38 SUMMONS Returned Executed filed by LO NG Pharmacy Corp.. Express Scripts, Inc. served on 12/27/2023, answer due 1/17/2024. (Jarrow, James) |
| Filing 37 SUMMONS Returned Executed filed by LO NG Pharmacy Corp.. Medco Health Solutions, Inc. served on 12/27/2023, answer due 1/17/2024. (Jarrow, James) |
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Filing 36
ORDER : IT IS HEREBY ORDERED that Plaintiff's Motion for Temporary Restraining Order, Doc. #10 , is DENIED. Signed by District Judge Matthew T. Schelp on 12/28/2023. (KCD)
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| Filing 35 ELECTRONIC MINUTE ENTRY (no pdf attached) for proceedings held before District Judge Matthew T. Schelp: Motion Hearing held on 12/28/2023 re #10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by LO NG Pharmacy Corp. Parties present. Testimony and arguments heard. The Court denies the Motion for the reasons stated on the record. The Court instructs the parties to confer and submit a proposed expedited Joint Scheduling Plan for the Court's consideration. Order to issue. (Court Reporter:Gayle Madden, Gayle_Madden@moed.uscourts.gov, 314-244-7987) (proceedings started: 2:20 pm) (proceedings ended: 3:26 pm) (Deputy Clerk: T. Tillman)(Appearance for Plaintiff: James Jarrow; Jacqueline Longfellow)(Appearance for Defendant: Christopher Smith; Elizabeth A. Bozicevic; Sarah Hellman) (TMT) |
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Filing 34
Docket Text ORDER Re: #27 Motion for Leave to File in Excess of Page Limitation by Defendants Express Scripts, Inc., Medco Health Solutions, Inc; ORDERED GRANTED. Signed by District Judge Matthew T. Schelp on 12/27/2023. (KCD)
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Filing 33
Docket Text ORDER Re: #11 Motion for Leave to File in Excess of Page Limitation by Plaintiff LO NG Pharmacy Corp; ORDERED GRANTED. Signed by District Judge Matthew T. Schelp on 12/27/2023. (KCD)
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| Filing 32 NOTICE Service: by Plaintiff LO NG Pharmacy Corp. re #25 Sealed Memorandum re: Inability to File Redacted Document, (Longfellow, Jacqueline) |
| Filing 31 NOTICE of Filing Deficiency re #25 Sealed Memorandum re: Inability to File Redacted Document, filed by Plaintiff LO NG Pharmacy Corp. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: The certificate of service on the Sealed Memorandum re: Inability to File Redacted Document states that the document was filed on the 26th day of December, 2023, using the CM/ECF system, which served a copy on all counsel of record. CM/ECF does not serve sealed documents. Counsel must serve the memorandum and all attachments upon all counsel of record by means other than CM/ECF. Counsel must file a notice of certificate of service indicating service (do not refile the sealed memorandum). (TMT) |
| Filing 30 SEALED MEMORANDUM in Support of #29 MOTION for Leave to File Under Seal filed by Defendants Express Scripts, Inc., Medco Health Solutions, Inc.. Redacted Copy due by 12/29/2023. (Attachments: #1 Exhibit SEALED Ex. 1_2023 Network Pharmacy Manual)(Smith, Christopher) |
| Filing 29 MOTION for Leave to File Under Seal by Defendants Express Scripts, Inc., Medco Health Solutions, Inc.. (Smith, Christopher) |
| Filing 28 MEMORANDUM in Opposition re #10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendants Express Scripts, Inc., Medco Health Solutions, Inc.. (Attachments: #1 Affidavit Declaration of Blake Stockwell, #2 Exhibit DECLARATION Ex. 1_2023 Network Pharmacy Manual_REDACTED)(Smith, Christopher) |
| Filing 27 MOTION for Leave to File in Excess of Page Limitation by Defendants Express Scripts, Inc., Medco Health Solutions, Inc.. (Attachments: #1 Defendants' Opposition to Plaintiff's Motion for TRO and Preliminary Injunction, #2 Affidavit Declaration of Blake Stockwell, #3 Exhibit DECLARATION Ex. 1_2023 Network Pharmacy Manual_REDACTED)(Smith, Christopher) |
| Filing 26 REDACTION to #18 Sealed Memorandum in Support of Motion for Leave to File Under Seal, #17 MOTION for Leave to File Under Seal by LO NG Pharmacy Corp. filed by Plaintiff LO NG Pharmacy Corp.. (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2, #3 Exhibit Part 3, #4 Exhibit Part 4, #5 Exhibit Part 5, #6 Exhibit Part 6)(Longfellow, Jacqueline) |
| Filing 25 SEALED MEMORANDUM re: Inability to File Redacted Document in Support of #14 Unopposed MOTION for Leave to File Under Seal Unsealed Motion for Sealing Pursuant to Rule 13.05 filed by Plaintiff LO NG Pharmacy Corp.. (Longfellow, Jacqueline) |
| Filing 24 ENTRY of Appearance by Elizabeth A. Bozicevic for Defendants Express Scripts, Inc., Medco Health Solutions, Inc.. (Bozicevic, Elizabeth) |
| Filing 23 ENTRY of Appearance by Sarah C. Hellmann for Defendants Express Scripts, Inc., Medco Health Solutions, Inc.. (Hellmann, Sarah) |
| Filing 22 DISCLOSURE STATEMENT by Medco Health Solutions, Inc., Evernorth Health, Inc., Cigna Group, Inc... (Smith, Christopher) |
| Filing 21 DISCLOSURE STATEMENT by Express Scripts, Inc., Evernorth Health, Inc., Cigna Group, Inc... (Smith, Christopher) |
| Filing 20 ENTRY of Appearance by Christopher A. Smith for Defendants Express Scripts, Inc., Medco Health Solutions, Inc.. (Smith, Christopher) |
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Filing 19
ORDER: IT IS HEREBY ORDERED that a hearing on Plaintiff's Motion for Temporary Restraining Order is now set in this matter for Thursday, December 28, 2023, at 2:00 p.m., in Courtroom 14-South of the Thomas F. Eagleton United States Courthouse.IT IS FURTHER ORDERED that any briefing in opposition to Plaintiff's Motion for Temporary Restraining Order should be filed no later than 8:00 a.m. on Wednesday, December 27, 2023. (Hearing on Motion for Temporary Restraining Order set for 12/28/2023 02:00 PM in Courtroom 14S - St. Louis before District Judge Matthew T. Schelp.) Signed by District Judge Matthew T. Schelp on 12/22/2023. (TMT)
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| Filing 18 SEALED MEMORANDUM in Support of #17 MOTION for Leave to File Under Seal filed by Plaintiff LO NG Pharmacy Corp.. Redacted Copy due by 12/26/2023. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit A Part 3, #4 Exhibit A Part 4, #5 Exhibit A Part 5, #6 Exhibit A Part 6)(Longfellow, Jacqueline) |
| Filing 17 MOTION for Leave to File Under Seal by Plaintiff LO NG Pharmacy Corp.. (Longfellow, Jacqueline) |
| Filing 16 REASSIGNMENT ORDER (GJL). At the direction of the Court, IT IS HEREBY ORDERED that the above cause is randomly reassigned to the Honorable Matthew T. Schelp for all further proceedings. (KXS) |
| Filing 15 SEALED MEMORANDUM in Support of #14 MOTION for Leave to File Under Seal Unsealed Motion for Sealing Pursuant to Rule 13.05 filed by Plaintiff LO NG Pharmacy Corp.. Redacted Copy due by 12/26/2023. (Attachments: #1 Exhibit A -Sealed Provider Agreement)(Longfellow, Jacqueline) Modified on 12/22/2023 (KXS). (Attachment 1 replaced on 12/22/2023) (KXS). |
| Filing 14 MOTION for Leave to File Under Seal Unsealed Motion for Sealing Pursuant to Rule 13.05 by Plaintiff LO NG Pharmacy Corp.. (Longfellow, Jacqueline) Modified on 12/22/2023 (JEB). |
| Filing 13 MOTION for Hearing: by Plaintiff LO NG Pharmacy Corp. re #10 MOTION for Temporary Restraining Order and Preliminary Injunction (Jarrow, James) Modified on 12/22/2023 (JEB). |
| Filing 12 MEMORANDUM in Support of Motion re #10 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Plaintiff LO NG Pharmacy Corp.. (Attachments: #1 Exhibit B)(Jarrow, James) |
| Filing 11 MOTION for Leave to File in Excess of Page Limitation by Plaintiff LO NG Pharmacy Corp.. (Jarrow, James) |
| Filing 10 MOTION for Temporary Restraining Order and Preliminary Injunction by Plaintiff LO NG Pharmacy Corp.. (Attachments: #1 Exhibit A)(Jarrow, James) |
| Case Opening Notification. Judge Assigned: Honorable Henry Edward Autrey. 2 Summons(es) issued and emailed to attorneys Jacqueline M. Longfellow and James R. Jarrow. Pursuant to Local Rule 2.09, every nongovernmental corporate party or nongovernmental corporation that seeks to intervene in any case, and every party or intervenor in an action in which jurisdiction is based upon diversity, must file a Disclosure Statement immediately upon entering its appearance in the case. Please complete and file the certificate as soon as possible. # (moed-0001.pdf). (JWD) |
| Filing 9 AMENDED DISCLOSURE STATEMENT by LO NG Pharmacy Corp.. No corporate parents or affiliates identified. (Jarrow, James) |
| Filing 8 NOTICE of Filing Deficiency re #7 Disclosure Statement filed by Plaintiff LO NG Pharmacy Corp.. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Party filed the Disclosure Statement in this action in which jurisdiction is based on diversity under 28 U.S.C.1332(a) but, did not identify the name and citizenship of every individual or entity whose citizenship is attributed to that party or intervenor, including all members, sub-members, general and limited partners, and corporations. Section 2 of the Statement must include the state of incorporation/formation AND the state of primary place of business. The Disclosure Statement must be refiled. (ANR) |
| Filing 7 DISCLOSURE STATEMENT by LO NG Pharmacy Corp.. No corporate parents or affiliates identified. (Jarrow, James) |
| Filing 6 NOTICE of Filing Deficiency. In accordance with Eastern District of Missouri Local Rules and the Case Management/Electronic Case Filing (CM/ECF) Procedures Manual, a filing deficiency has been identified as follows: Disclosure Statement not filed on the correct updated form, Notice of Hearing not filed, and Motion for TRO not filed. This deficiency must be filed in the case record immediately. (JBH) |
| Filing 5 ENTRY of Appearance by Jacqueline M. Longfellow for Plaintiff LO NG Pharmacy Corp. d/b/a Victoria Pharmacy. (Longfellow, Jacqueline) |
| Filing 4 DISCLOSURE STATEMENT by LO NG Pharmacy Corp. d/b/a Victoria Pharmacy. No corporate parents or affiliates identified. (Jarrow, James) |
| Filing 3 NOTICE OF PROCESS SERVER by Plaintiff LO NG Pharmacy Corp. d/b/a Victoria Pharmacy Process Server: HPS Process Service and Investigations (Attachments: #1 Summons)(Jarrow, James) |
| Filing 2 NOTICE OF PROCESS SERVER by Plaintiff LO NG Pharmacy Corp. d/b/a Victoria Pharmacy Process Server: HPS Process Service and Investigations (Attachments: #1 Summons)(Jarrow, James) |
| Filing 1 COMPLAINT against defendant Express Scripts, Inc., Medco Health Solutions, Inc. with receipt number AMOEDC-10335999, in the amount of $405 Non-Jury Demand,, filed by LO NG Pharmacy Corp. d/b/a Victoria Pharmacy. (Attachments: #1 Original Filing Form, #2 Civil Cover Sheet, #3 Exhibit A)(Jarrow, James) |
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