Matrix Distributors, Inc. et al v. National Association of Boards of Pharmacy et al
OAK DRUGS INC. and MATRIX DISTRIBUTORS, INC |
NATIONAL ASSOCIATION OF BOARDS OF PHARMACY and OPTUMRX,INC |
2:2018cv17462 |
December 20, 2018 |
US District Court for the District of New Jersey |
Michael A Hammer |
Kevin McNulty |
Civil Rights: Other |
28 U.S.C. § 1441 |
None |
Docket Report
This docket was last retrieved on February 15, 2019. A more recent docket listing may be available from PACER.
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Filing 59 Letter from Parties regarding hearing schedule. (GALLAGHER, BRAD) |
Filing 58 ORDER. Signed by Magistrate Judge Michael A. Hammer on 2/14/2019. (jqb, ) |
Filing 57 Letter from Plaintiffs to Magistrate Judge Hammer in Response to Defendants' Letter dated February 11, 2019. (GALLAGHER, BRAD) |
Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Telephone Status Conference held on 2/14/2019. (ECR) (jqb, ) |
Filing 56 TEXT ORDER: Telephone Status Conference set for 2/14/2019 at 3:30 p.m. before Magistrate Judge Michael A. Hammer. So Ordered by Magistrate Judge Michael A. Hammer on 2/13/2019. (jqb, ) |
Filing 55 Letter from Francis X. Manning. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(MANNING, FRANCIS) |
Filing 54 ORDER re: discovery disputes #48 , etc. Signed by Magistrate Judge Michael A. Hammer on 2/1/2019. (sm) |
Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Telephone Conference held on 2/1/2019. (ECR) (jqb, ) |
Filing 53 TEXT ORDER: As set forth in the parties' January 28, 2019 discovery dispute letter [D.E. 48], one of the discovery disputes pertains to Plaintiffs' demand for production of documents relating to the settlement of Association of Independent Pharma. Wholesalers v. OptumRx Inc., No. 16-2214 (D.D.C. 2016). It thus appears that certain of the records at issue may have been designated confidential by AIPW or both AIPW and OptumRx. Accordingly, counsel for Plaintiffs in this matter is directed to promptly inform counsel for AIPW that to the extent AIPW objects to the production of any such records to Plaintiff in this matter on the basis of confidentiality, AIPW counsel may appear and be heard during the telephone conference scheduled for tomorrow at 2:00 p.m. So Ordered by Magistrate Judge Michael A. Hammer on 1/31/2019. (MAH) |
Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Telephone Status Conference held on 1/30/2019. (jqb, ) |
Filing 52 TEXT ORDER: The telephone conference call in this case will now take place on Friday, February 1, 2019 at 2:00 p.m. So Ordered by Magistrate Judge Michael A. Hammer on 1/30/19. (TAD) |
Filing 51 TEXT ORDER: The telephone conference on January 31, 2019 shall take place at 2:00 p.m., rather than 10:00 a.m. So Ordered by Magistrate Judge Michael A. Hammer on 1/30/2019. (MAH) |
Filing 50 TEXT ORDER: The telephone conference in this matter scheduled for January 29, 2019 is adjourned until January 31, 2019, at 10:00 a.m. So Ordered by Magistrate Judge Michael A. Hammer on 1/28/2019. (MAH) |
Filing 49 Notice of Request by Pro Hac Vice Jason R. Asmus to receive Notices of Electronic Filings. (MANNING, FRANCIS) |
Filing 48 Letter from Plaintiffs and Defendants to Magistrate Judge Hammer Regarding Unresolved Discovery Issues. (GALLAGHER, BRAD) |
Filing 47 TEXT ORDER: The Court has reviewed Plaintiff's January 17, 2019 letter [D.E. 43]. The parties are reminded that the Court's January 7, 2019 Order specifically provides that any discovery dispute that the parties cannot resolve after good faith efforts to meet and confer is to be submitted via a joint letter [See Order, Jan. 7, 2019, D.E. 30, para. 4(a)]. Plaintiff's letter neither complies with that protocol nor provides good cause for the failure to do so. Accordingly, the parties are directed to continue to meet and confer on this issue. If they cannot reach agreement, the parties shall submit a JOINT letter, limited to three pages per party, setting forth each party's position on the dispute, on or before 1:00 p.m. on January 28, 2019. The Court will address the issue with the parties during the January 29th conference call. So Ordered by Magistrate Judge Michael A. Hammer on 1/25/2019. (MAH) |
Filing 46 Letter. (GALLAGHER, BRAD) |
Pro Hac Vice fee as to Jason Robert Asmus: $ 150, receipt number NEW038460 (sm) |
Filing 45 Transcript of Telephone Conference held on January 8, 2019, before Judge Kevin McNulty. Court Reporter: Rhea Villanti (732-895-3403). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter due, but not filed, by 2/7/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/17/2019. (jml, ) |
Filing 44 Discovery Confidentiality Order. Signed by Magistrate Judge Michael A. Hammer on 1/17/2019. (sm) |
Filing 43 Letter from Brian M. Culnan, Esq.. (GALLAGHER, BRAD) |
Filing 42 Letter from Regina S.E. Murphy enclosing Proposed Discovery Confidentiality Order. (Attachments: #1 Text of Proposed Order Proposed Discovery Confidentiality Order)(MURPHY, REGINA SARA) |
Filing 41 CONSENT ORDER EXTENDING TIME for Defendants to Respond to the Verified Complaint is extended 30 days after the date on which the Court issues its decision and order on Plaintiff's request for a preliminary injunction; defendants hereby waive any and all defenses that could be raised with respect to the manner by which Plaintiffs effected service of process upon Defendants. Signed by Magistrate Judge Michael A. Hammer on 1/14/2019. (sm) |
Filing 40 Corporate Disclosure Statement by MATRIX DISTRIBUTORS, INC, OAK DRUGS INC.. (GALLAGHER, BRAD) |
Filing 39 Corporate Disclosure Statement by OPTUMRX,INC identifying UnitedHealth Group Incorporated as Corporate Parent.. (MANNING, FRANCIS) |
Filing 38 Notice of Request by Pro Hac Vice Brian M. Culnan to receive Notices of Electronic Filings. (GALLAGHER, BRAD) |
Filing 37 Notice of Request by Pro Hac Vice Linda J. Clark to receive Notices of Electronic Filings. (GALLAGHER, BRAD) |
Filing 36 ORDER that Plaintiffs' motion for a temporary restraining order is denied; the Court will conduct a preliminary injunction hearing on 2/22/2019; etc. Signed by Judge Kevin McNulty on 1/11/2019. (sm) |
Filing 35 Notice of Request by Pro Hac Vice Kelly J. Hartzler to receive Notices of Electronic Filings. (Attachments: #1 Certificate of Service)(MURPHY, REGINA SARA) |
Pro Hac Vice fee as to Linda J. Clark and Brian M. Culnan: $ 300, receipt number NEW038389 (sm) |
Pro Hac Vice fee as to Kelly Hartzler: $ 150, receipt number NEW038370 (sm) |
Filing 34 Proposed Pretrial Order by All Plaintiffs. (GALLAGHER, BRAD) |
Filing 33 MOTION for Extension of Time to File Answer by All Plaintiffs. (GALLAGHER, BRAD) |
Filing 32 Minute Entry for proceedings held before Judge Kevin McNulty: Telephone Conference held on 1/8/2019 re: inventory. (Court Reporter/Recorder Rhea C. Villanti.) (nic, ) |
Filing 31 ORDER granting pro hac vice admission as to Kelly J. Hartzler #28 ; counsel shall make payments to the New jersey Lawyers' Fund for Client Protection and shall pay $150 to the Clerk of the United States District Court; etc. Signed by Magistrate Judge Michael A. Hammer on 1/8/2019. (sm) |
Filing 29 CONSENT ORDER extending time to file plaintiff's brief for 35 days or until 1/30/2019. Signed by Chief Judge Jose L. Linares on 1/8/2019. (sm) |
Filing 28 Letter from Regina S.E. Murphy re: Pro Hav Vice Admission of Attorney Kelly J. Hartzler. (Attachments: #1 Certification of Regina S.E. Murphy, #2 Affidavit of Kelley J. Hartzler, #3 Text of Proposed Order)(MURPHY, REGINA SARA) |
CLERK'S QUALITY CONTROL MESSAGE - Please note the Consent Order attached to docket entry #29 filed by the Clerk's office on 1/8/2019 was docketed in error. Please disregard. (sm) |
Filing 30 ORDER that all parties shall serve their initial discovery demands on or before 1/7/2019; all parties shall serve their Rule 26 initial disclosures by 1/14/2019; all parties shall serve their responses to discovery demands by 1/21/2019; any discovery dispute requiring judicial intervention shall be brought to the Court's attention no later than 1/28/2019; a telephone conference is scheduled 1/29/2019 at 1 p.m., Plaintiff's counsel will initial the conference call; all depositions shall be completed by 2/8/2019. Signed by Magistrate Judge Michael A. Hammer on 1/7/2019. (sm) |
Pro Hac Vice fee as to Brian E. Casey: $ 150, receipt number NEW038327 (sm) |
Filing 27 Letter from Linda J. Clark, Esq.. (Attachments: #1 Exhibit Customer Communication, #2 Exhibit Proposed Order)(GALLAGHER, BRAD) |
Minute Entry for proceedings held before Magistrate Judge Michael A. Hammer: Telephone Status Conference held on 1/7/2019. (jqb, ) |
Filing 25 Letter from Brian M. Culnan, Esq.. (GALLAGHER, BRAD) |
Filing 24 ORDER granting #7 Letter/Application for PHV admission as to JASON R. ASMUS, ESQ. etc. Signed by Magistrate Judge Michael A. Hammer on 1/4/2019. (dam, ) |
Filing 23 Letter from Francis X. Manning. (MANNING, FRANCIS) |
Filing 22 Letter from Linda J. Clark, Esq.. (GALLAGHER, BRAD) |
Filing 21 Letter from Linda J. Clark, Esq.. (Attachments: #1 Exhibit Transcript, #2 Exhibit Proposed Order)(GALLAGHER, BRAD) |
Filing 20 Letter from Francis X. Manning. (MANNING, FRANCIS) |
Filing 26 Transcript of TRO Hearing held on December 28, 2018, before Judge Kevin McNulty. Court Reporter: Rhea Villanti (732-895-3403). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter due, but not filed, by 1/24/2019. Redacted Transcript Deadline set for 2/4/2019. Release of Transcript Restriction set for 4/3/2019. (jml, ) |
Filing 19 ORDER granting plaintiffs' motions #12 and #13 for Linda J. Clark, Esq. and Brian M. Culnan, Esq. to Appear Pro Hac Vice; counsel shall make payments to the New Jersey Lawyers' Fund for Client Protection; shall each pay $150 for the Clerk of the United States District Court; etc. Signed by Magistrate Judge Michael A. Hammer on 1/2/2019. (sm) |
Filing 18 Notice of Request by Pro Hac Vice Brian E. Casey to receive Notices of Electronic Filings. (Attachments: #1 Certificate of Service)(MURPHY, REGINA SARA) |
Filing 17 TEXT ORDER: In view of the District Court's December 28, 2018 Order [D.E. 16], the parties shall immediately meet and confer on the discovery necessary for the preliminary injunction hearing. On or before 4:00 p.m. on Friday, January 4, 2019, the parties shall jointly submit a proposed discovery plan. If there are any areas of disagreement, each party shall set forth a brief description of its position. There will be a telephone conference in this matter on January 7, 2019, at 4:00 p.m. Plaintiff's counsel will kindly initiate the conference call. So Ordered by Magistrate Judge Michael A. Hammer on 1/2/2019. (MAH) |
Filing 16 ORDER that the Plaintiffs' motion for a temporary restraining order is DENIED. The parties will confer and submit a proposed order regarding the "grandfathering" of Plaintiffs' current pharmaceutical inventory, as discuss on the record. The parties will engage in expedited discovery in advance of a preliminary injunction hearing. On or before 1/4/2018, the parties shall confer and confirm with Magistrate Judge Michael Hammer a schedule for expedited discovery in advance of a preliminary injunction hearing. On or before 2/15/2019, the parties shall exchange affidavits in lieu of direct testimony, and that each side shall designate the affiants of the other side as to whom it wishes to conduct cross-examination. On or before 2/18/2019, the parties shall exchange premarked exhibits upon which they intent to rely. The parties will return for a preliminary injunction hearing before the Court on 2/22/2019 at 9:00 AM. etc. Signed by Judge Kevin McNulty on 12/28/2018. (dam, ) |
Filing 15 Minute Entry for proceedings held before Judge Kevin McNulty: TRO Hearing held on 12/28/2018. (Court Reporter/Recorder Rhea C. Villanti.) (nic, ) |
Filing 14 ORDER, granting #3 Letter application for the Pro Hac Vice admission of Brian E. Casey, Esq.; Counsel shall pay $150.00 to the Clerk of the United States District Court for the District of New Jersey for admission pro hac vice in accordance with L. Civ. R. 101.1(c)(3); etc. Signed by Magistrate Judge Michael A. Hammer on 12/27/2018. (sms) |
Filing 13 MOTION for Leave to Appear Pro Hac Vice for Brian M. Culnan, Esq. by All Plaintiffs. (Attachments: #1 Affidavit Affidavit of Brian M. Culnan, Esq., in Support of Motion for Pro Hac Vice Admission, #2 Certification Certification of Brad M. Gallagher, Esq., in Support of Assented to Motion for Pro Hac Vice Admission of Brian M. Culnan, #3 Text of Proposed Order)(GALLAGHER, BRAD) |
Filing 12 MOTION for Leave to Appear Pro Hac Vice for Linda J. Clark by All Plaintiffs. (Attachments: #1 Affidavit Aff of Linda Clark, Esq. in Support of Motion for Pro Hac Vice Application, #2 Certification Certification of Brad M. Gallagher, Esq., in Support of Assented to Motion for Pro Hac Vice Admission of Linda J. Clark, Esq., #3 Text of Proposed Order)(GALLAGHER, BRAD) |
Filing 11 Exhibit to #9 Response to Order to Show Cause, Exhibits to Affidavit of Carmen A. Catizone (Part 2 - Exhibits 19-42) by NATIONAL ASSOCIATION OF BOARDS OF PHARMACY. (Attachments: #1 Exhibit Exhibits 19-34, #2 Exhibit Exhibits 35-42)(MURPHY, REGINA SARA) (Attachment 1 replaced on 12/27/2018) (sms). |
Filing 10 Exhibit to #9 Response to Order to Show Cause, Exhibits to Affidavit of Carmen A. Catizone (Part 1) by NATIONAL ASSOCIATION OF BOARDS OF PHARMACY. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6, #4 Exhibit 7, #5 Exhibit 8, #6 Exhibit 9, #7 Exhibit 10, #8 Exhibit 11, #9 Exhibit 12, #10 Exhibit 13, #11 Exhibit 14, #12 Exhibit 15, #13 Exhibit 16, #14 Exhibit 17, #15 Exhibit 18)(MURPHY, REGINA SARA) |
Filing 9 RESPONSE TO ORDER TO SHOW CAUSE by NATIONAL ASSOCIATION OF BOARDS OF PHARMACY. (Attachments: #1 Certificate of Service, #2 Declaration of Regina S.E. Murphy, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 43, #7 Affidavit of Carmen A. Catizone)(MURPHY, REGINA SARA) |
Filing 8 RESPONSE TO ORDER TO SHOW CAUSE by OPTUMRX,INC. (Attachments: #1 Declaration, #2 Declaration)(MANNING, FRANCIS) |
Filing 7 Letter from Francis X. Manning. (Attachments: #1 Affidavit, #2 Affidavit, #3 Text of Proposed Order)(MANNING, FRANCIS) |
Minute Entry for proceedings held before Judge Kevin McNulty: Telephone Conference held on 12/21/2018. (nic, ) |
Filing 6 TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Kevin McNulty for all further proceedings. Judge Madeline Cox Arleo no longer assigned to case. So Ordered by Chief Judge Jose L. Linares on 12/21/18. (ak, ) |
Filing 5 TEXT ORDER REASSIGNING CASE. Case reassigned to Judge Madeline Cox Arleo for all further proceedings. Judge Esther Salas no longer assigned to case. So Ordered by Chief Judge Jose L. Linares on 12/21/18. (ak, ) |
Filing 4 Letter from Brad M. Gallagher, Esq.. (GALLAGHER, BRAD) |
Filing 3 Letter from Regina S.E. Murphy. (Attachments: #1 Affidavit, #2 Affidavit, #3 Text of Proposed Order)(MURPHY, REGINA SARA) |
Filing 2 NOTICE of Appearance by FRANCIS X. MANNING on behalf of OptumRx, Inc. (MANNING, FRANCIS) |
CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information is to be entered in CAPITAL LETTERS . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, ) |
Case Assigned to Judge Esther Salas and Magistrate Judge Michael A. Hammer. (ak, ) |
Filing 1 NOTICE OF REMOVAL by National Association of Boards of Pharmacy from Superior Court of New Jersey, Chancery Division, Middlesex County, case number C-000194-18. ( Filing and Admin fee $ 400 receipt number 0312-9259769), filed by National Association of Boards of Pharmacy. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet, #5 Statement 7.1 Disclosure Statement, #6 Certificate of Service)(MURPHY, REGINA SARA) |
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