Think Aksarben Pharmacy, LLC et al v. Hy-Vee, Inc.
Plaintiff: Think Aksarben Pharmacy, LLC and Think Aksarben Specialty Pharmacy, LLC
Defendant: Hy-Vee, Inc.
Case Number: 8:2022cv00036
Filed: February 1, 2022
Court: US District Court for the District of Nebraska
Presiding Judge: Joseph F Bataillon
Referring Judge: Susan M Bazis
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 16, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 31, 2022 Opinion or Order Filing 23 TEXT ORDER granting #22 Motion for Extension of Time. Defendant shall file its reply brief in support of its Partial Motion to Dismiss #11 by April 11, 2022. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
March 31, 2022 Filing 22 UNOPPOSED MOTION for Extension of Time to File a Responsive Pleading by Attorney Kirk Schuler on behalf of Defendant Hy-Vee, Inc..(Schuler, Kirk)
March 28, 2022 Filing 21 BRIEF in opposition to MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM #11 by Attorney Victoria H. Buter on behalf of Plaintiffs Think Aksarben Pharmacy, LLC, Think Aksarben Specialty Pharmacy, LLC.(Buter, Victoria)
March 17, 2022 Opinion or Order Filing 20 TEXT ORDER granting #19 Motion to Extend. Plaintiffs shall respond to the Partial Motion to Dismiss #11 by March 28, 2022. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
March 16, 2022 Filing 19 UNOPPOSED MOTION to Extend Time to File Opposition to Defendant's Partial Motion to Dismiss by Attorney Victoria H. Buter on behalf of Plaintiffs Think Aksarben Pharmacy, LLC, Think Aksarben Specialty Pharmacy, LLC.(Buter, Victoria)
March 1, 2022 Filing 18 NOTICE of Appearance by Attorney Christopher M. Schmidt on behalf of Defendant Hy-Vee, Inc. (Schmidt, Christopher)
March 1, 2022 Filing 17 NOTICE of Appearance by Attorney Torrey J. Gerdes on behalf of Defendant Hy-Vee, Inc. (Gerdes, Torrey)
March 1, 2022 Opinion or Order Filing 16 TEXT ORDER granting #12 Motion to Restrict. Access to Filing Nos. 13 and 14 are restricted to case participants and the Court. Ordered by Magistrate Judge Susan M. Bazis. (LRH)
February 28, 2022 Filing 15 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 identifying Corporate Parent Hy-Vee, Inc. for Hy-Vee, Inc.. by Attorney Kirk Schuler on behalf of Defendants Hy-Vee, Inc., Hy-Vee, Inc..(Schuler, Kirk)
February 28, 2022 Filing 14 RESTRICTED DOCUMENT Index of Evidence iso Partial Motion to Dismiss regarding MOTION to Restrict pursuant to the E-Government Act #12 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Kirk Schuler on behalf of Defendant Hy-Vee, Inc.. (Attachments: #1 Affidavit N. Allen Declaration with contracts)(Schuler, Kirk)
February 28, 2022 Filing 13 RESTRICTED DOCUMENT Brief iso Partial Motion to Dismiss regarding MOTION to Restrict pursuant to the E-Government Act #12 ACCESS TO THE PDF DOCUMENT IS RESTRICTED TO CASE PARTICIPANTS AND THE COURT PURSUANT TO THE E-GOVERNMENT ACT AND FEDERAL RULE OF CIVIL PROCEDURE 5.2(a). - by Attorney Kirk Schuler on behalf of Defendant Hy-Vee, Inc..(Schuler, Kirk)
February 28, 2022 Filing 12 MOTION to Restrict pursuant to the E-Government Act by Attorney Kirk Schuler on behalf of Defendant Hy-Vee, Inc..(Schuler, Kirk)
February 28, 2022 Filing 11 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Attorney Kirk Schuler on behalf of Defendant Hy-Vee, Inc..(Schuler, Kirk)
February 17, 2022 Filing 10 SUMMONS Returned Executed upon defendant Hy-Vee, Inc. on 2/7/2022. (Schuler, Kirk)
February 16, 2022 Filing 9 CORPORATE DISCLOSURE STATEMENT pursuant to Fed. R. Civ. P. 7.1 by Attorney Victoria H. Buter on behalf of Plaintiffs Think Aksarben Specialty Pharmacy, LLC, Think Aksarben Pharmacy, LLC.(Buter, Victoria)
February 16, 2022 Filing 8 TEXT ORDER granting Motion for Admission Pro Hac Vice #7 for attorney Kirk Schuler. Ordered by Deputy Clerk. (JLS)
February 11, 2022 Filing 7 MOTION for Admission Pro Hac Vice Filing fee $ 100, receipt number ANEDC-4575049 by Attorney Kirk Schuler on behalf of Defendant Hy-Vee, Inc..(Schuler, Kirk)
February 2, 2022 Filing 6 Summons Issued as to defendant Hy-Vee, Inc. YOU MUST PRINT YOUR ISSUED SUMMONS, WHICH ARE ATTACHED TO THIS DOCUMENT. PAPER COPIES WILL NOT BE MAILED. (TCL)
February 2, 2022 Filing 5 Summons Requested as to Hy-Vee, Inc. regarding Complaint #1 . (Buter, Victoria)
February 1, 2022 Filing 4 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Think Aksarben Specialty Pharmacy, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LAC)
February 1, 2022 Filing 3 TEXT NOTICE REGARDING CORPORATE DISCLOSURE STATEMENT by Deputy Clerk as to Plaintiff Think Aksarben Pharmacy, LLC. Pursuant to Fed. R. Civ. P. 7.1, non-governmental corporate parties are required to file Corporate Disclosure Statements (Statements). The parties shall use the form Corporate Disclosure Statement, available on the Web site of the court at http://www.ned.uscourts.gov/forms/. If you have not filed your Statement, you must do so within 15 days of the date of this notice. If you have already filed your Statement in this case, you are reminded to file a Supplemental Statement within a reasonable time of any change in the information that the statement requires.(LAC)
February 1, 2022 Filing 2 TEXT NOTICE OF JUDGES ASSIGNED: Senior Judge Joseph F. Bataillon and Magistrate Judge Susan M. Bazis assigned. In accordance with 28 U.S.C. 636(c)(2), the parties are notified that, if all parties consent, a magistrate judge may conduct a civil action or proceeding, including a jury or nonjury trial, subject to the courts rules and policies governing the assignment of judges in civil cases. See Fed. R. Civ. P. 73; NEGenR 1.4. (LAC)
February 1, 2022 Filing 1 COMPLAINT with jury demand against Hy-Vee, Inc. ( Filing fee $ 402, receipt number ANEDC-4568503), by Attorney Victoria H. Buter on behalf of Think Aksarben Specialty Pharmacy, LLC, Think Aksarben Pharmacy, LLC(Buter, Victoria)

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Plaintiff: Think Aksarben Pharmacy, LLC
Represented By: Todd C. Kinney
Represented By: Victoria H. Buter
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Plaintiff: Think Aksarben Specialty Pharmacy, LLC
Represented By: Todd C. Kinney
Represented By: Victoria H. Buter
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Defendant: Hy-Vee, Inc.
Represented By: Christopher M. Schmidt
Represented By: Kirk Schuler
Represented By: Torrey J. Gerdes
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