LDG Medical Services Group, L.L.C. et al v. Eli Lilly and Company et al
| LDG Medical Services Group, L.L.C., Integrity Medical Group, Corp., Instituto Medico Familiar Inc., Instituto Medico Familiar del Este Inc., Salud 2011, Inc., MENR Medical Services Corp., NRMD Health Provider LLC, Centro Medico Salinas, Inc., Best Health Group, LLC, East Best Health, LLC, G.M.D.C. Inc. and Grupo Medico de Cayey LLC |
| CAREMARKPCS HEALTH LLC, Caremark Puerto Rico, L.L.C., ELI LILLY AND COMPANY, Eli Lilly Export S.A., NOVO NORDISK INC., SANOFI-AVENTIS U.S. L.L.C., Sanofi-Aventis Puerto Rico, Inc., Express Scripts Inc. and Optumrx Inc. |
| 2:2024cv00725 |
| February 7, 2024 |
| US District Court for the District of New Jersey |
| Brian R Martinotti |
| Rukhsanah L Singh |
| Other Statutory Actions |
| 28 U.S.C. § 1442 Notice of Removal |
| None |
Docket Report
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| Filing 35 Clerk's Notice to Counsel: Pursuant to a transfer order entered in MDL No. 3080, District of Puerto Rico case number 3:23-cv-1515 has been transferred to the District of New Jersey and assigned civil action number: 24-cv-725-BRM-RLS. In Re: Insulin Pricing Litigation, MDL 3080. (krg) |
| Filing 34 Certified Copy of Transfer Order and docket received, Case transferred in from District of Puerto Rico; Case Number 3:23-cv-01515. Original file certified copy of transfer order and docket sheet received. |
| Judge Brian R. Martinotti and Magistrate Judge Rukhsanah L. Singh added. (krg, ) |
| Cases associated to 2:23-md-03080-BRM-RLS. (krg, ) |
| Filing 33 TRANSMITTAL Letter from the District of New Jersey, transferee court, with certified copy of Transfer Order in MDL 3080 and Action listed - Schedule A. The Presiding Judge is the Honorable Brian R. Martinotti, U.S.D.J. for coordinated or consolidated pretrial proceedings pursuant to 28 USC 1407. This case is hereby closed. (Attachments: #1 Certified Transfer Order, #2 Action) (idg) |
| Filing 32 E-MAIL NOTIFICATION RE: MINUTE ORDER - TO THE TRANSFEROR CLERKS OF THE ASSOCIATED CASES - entered in MDL No. 3080 informing of the electronic transfer to the District of New Jersey. The Order becomes effective upon receipt of a certified copy of the Transfer Order from the transferee court. Signed by Clerk of the Multidistrict Litigation Panel Tiffaney D. Pete on 1/31/2024.. (idg) |
| Filing 31 E-MAIL NOTIFICATION RE: TRANSFER ORDER re: pldg (183) for the transfer of this case to the District of New Jersey re: MDL No. 3080. Signed by the Chair of the Multidistrict Litigation Panel, Judge Karen K. Caldwell on 1/31/2024. (idg) |
| Filing 30 RESPONSE to Motion filed by Caremark Puerto Rico, L.L.C., CaremarkPCS Health, LLC Re: #29 Notice (Other) filed by Grupo Medico de Cayey LLC, NRMD Health Provider LLC, Centro Medico Salinas, Inc., G.M.D.C. Inc., East Best Health, LLC, Instituto Medico Familiar Inc., Instituto Medico Familiar del Este Inc., Salud 2011, Inc., MENR Medical Services Corp., Best Health Group, LLC, LDG Medical Services Group, L.L.C., Integrity Medical Group, Corp. filed by Caremark Puerto Rico, L.L.C., CaremarkPCS Health, LLC. (Zayas-Marxuach, Eduardo) |
| Filing 29 NOTICE of Supplemental Authority and JPML Hearing Date by All Plaintiffs (Attachments: #1 Exhibit A) (Burge, Jason) |
| Filing 28 REPLY to Motion filed by Caremark Puerto Rico, L.L.C., CaremarkPCS Health, LLC Re: #26 MOTION for Leave to File Document Reply In Support of Cross-Motion to Stay Pending Related Proceedings filed by CaremarkPCS Health, LLC, Caremark Puerto Rico, L.L.C. filed by Caremark Puerto Rico, L.L.C., CaremarkPCS Health, LLC. (Zayas-Marxuach, Eduardo) |
Filing 27
ORDER granting #26 Motion for Leave to File Reply. Defendants Caremark Puerto Rico, LLC and Caremark PCS Health, LLC are to file the tendered reply at ECF No. 26-1 as a separate docket entry by no later 12/8/2023. Plaintiff shall have until December 12, 2023, to seek leave to file a surreply with the proposed brief tendered as an exhibit. Signed by Judge Aida M. Delgado-Colon on 12/7/2023. (wm)
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| Filing 26 MOTION for Leave to File Document Reply In Support of Cross-Motion to Stay Pending Related Proceedings filed by Eduardo A. Zayas-Marxuach on behalf of Caremark Puerto Rico, L.L.C., CaremarkPCS Health, LLC Responses due by 12/18/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit Tendered Reply Brief)(Zayas-Marxuach, Eduardo) |
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Filing 25
***FILED IN ERROR - Duplicate entry as to docket no. 23 .*** ORDER re #21 MOTION for Leave to File Document Reply in Support of Motion to Remand filed by Grupo Medico de Cayey LLC, NRMD Health Provider LLC, Centro Medico Salinas, Inc., G.M.D.C. Inc., East Best Health, LLC, Instituto Medico Familiar Inc., Instituto Medico Familiar del Este Inc., Salud 2011, Inc., MENR Medical Services Corp., Best Health Group, LLC, LDG Medical Services Group, L.L.C., Integrity Medical Group, Corp.: GRANTED. Plaintiffs are to file the tendered reply at ECF No. 21-1 as a separate docket entry by no later than November 30, 2023 . Defendants shall have until December 4, 2023 to seek leave to file a surreply with the proposed brief tendered as an exhibit. Signed by Judge Aida M. Delgado-Colon on 11/29/2023. (glr) Modified to file in error on 11/29/2023 (idg).
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| NOTICE of Docket Text Modification by Deputy Clerk re: 25 Order. ***FILED IN ERROR - Duplicate entry as to docket no. 23.*** (idg) |
| Filing 24 REPLY to Motion filed by All Plaintiffs Re: #7 MOTION to Remand to State Court filed by Grupo Medico de Cayey LLC, NRMD Health Provider LLC, Centro Medico Salinas, Inc., G.M.D.C. Inc., East Best Health, LLC, Instituto Medico Familiar Inc., Instituto Medico Familiar del Este Inc., Salud 2011, Inc., MENR Medical Services Corp., Best Health Group, LLC, LDG Medical Services Group, L.L.C., Integrity Medical Group, Corp. filed by All Plaintiffs. (Burge, Jason) |
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Filing 23
ORDER re #21 Motion for Leave to File Reply: GRANTED. Plaintiffs are to file the tendered reply at ECF No. 21-1 as a separate docket entry by no later than November 30, 2023. Defendants shall have until December 4, 2023 to seek leave to file a surreply with the proposed brief tendered as an exhibit. Signed by Judge Aida M. Delgado-Colon on 11/28/2023. (idg)
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| Filing 22 MEMORANDUM in Opposition filed by All Plaintiffs Re: #20 Cross MOTION to Stay Pending Related Proceedings filed by LDG Medical Services Group, L.L.C. filed by All Plaintiffs. (Burge, Jason) |
| Filing 21 MOTION for Leave to File Document Reply in Support of Motion to Remand filed by Jason W. Burge on behalf of All Plaintiffs Responses due by 12/4/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit 1 Proposed Pleading)(Burge, Jason) |
| Filing 20 Cross MOTION to Stay Pending Related Proceedings filed by Eduardo A. Zayas-Marxuach on behalf of Caremark Puerto Rico, L.L.C. Responses due by 11/27/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Zayas-Marxuach, Eduardo) Modified on 11/14/2023 to edit parties (mg). |
| Filing 19 MEMORANDUM in Opposition to Plaintiffs' Motion to Remand filed by CaremarkPCS Health, LLC and Caremark Puerto Rico, L.L.C. (Attachments: #1 Exhibit A)(Zayas-Marxuach, Eduardo) Modified on 11/14/2023 to edit parties. (mg). |
| Filing 18 NOTICE of Appearance by Michael Ryan Dodson on behalf of All Plaintiffs (Dodson, Michael) |
| Filing 17 NOTICE of Appearance by Jason W. Burge on behalf of All Plaintiffs (Burge, Jason) |
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Filing 16
ORDER granting #12 Motion to Appear PHV. Signed by Judge Aida M. Delgado-Colon on 11/9/2023. (wm)
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Filing 15
ORDER granting #11 Motion to Appear PHV. Signed by Judge Aida M. Delgado-Colon on 11/9/2023. (wm)
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Filing 14
ORDER. The Motion to Expedite at ECF No. 8 is DENIED. The Court sees no reason to depart from the time limits provided for in L. Civ. R. 7(b). The removing defendants' response to the motion to remand is due by 11/13/2023. Leave to file any reply and surreply must be requested in accordance with L. Civ. R. 7(c) and (d) and the request must include the proposed brief tendered as an exhibit. No extensions will be granted save for showing of good cause. Fed. R. Civ. P. 6(b)(1). Signed by Judge Aida M. Delgado-Colon on 11/9/2023. (wm)
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| Filing 13 NOTICE by All Plaintiffs re #8 MOTION to Expedite Motion to Remand (Rec. Doc. 7) (Vicente-Colon, Harold) |
| Filing 12 Motion to allow Michael Dodson to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8432360) filed by Harold D. Vicente-Colon on behalf of All Plaintiffs Responses due by 11/16/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vicente-Colon, Harold) |
| Filing 11 Motion to allow Jason Burge to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8432379) filed by Harold D. Vicente-Colon on behalf of All Plaintiffs Responses due by 11/16/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vicente-Colon, Harold) |
| NOTICE of Docket Text Modification by Deputy Clerk re: #10 Motion to allow Jason Burge to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8432379), #9 Motion to allow Michael Dodson to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8432360). ***FILED IN ERROR - Local counsel's signature should be in electronic format. Local counsel to re-file with correct electronic signature (s/).*** (idg) |
| Filing 10 ***FILED IN ERROR - Local counsel's signature should be in electronic format. Local counsel to re-file with correct electronic signature (s/).*** Motion to allow Jason Burge to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8432379) filed by Harold D. Vicente-Colon on behalf of All Plaintiffs Responses due by 11/15/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vicente-Colon, Harold) Modified to file in error on 11/2/2023 (idg). |
| Filing 9 ***FILED IN ERROR - Local counsel's signature should be in electronic format. Local counsel to re-file with correct electronic signature (s/).*** Motion to allow Michael Dodson to appear pro hac vice (Pro Hac fee $300 receipt number APRDC-8432360) filed by Harold D. Vicente-Colon on behalf of All Plaintiffs Responses due by 11/15/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vicente-Colon, Harold) Modified to file in error on 11/2/2023 (idg). |
| Filing 8 MOTION to Expedite Motion to Remand (Rec. Doc. 7) filed by Harold D. Vicente-Colon on behalf of All Plaintiffs Responses due by 11/13/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vicente-Colon, Harold) |
| Filing 7 MOTION to Remand to State Court filed by Harold D. Vicente-Colon on behalf of All Plaintiffs Responses due by 11/13/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Vicente-Colon, Harold) |
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Filing 6
ORDER. The Notice (Other) at ECF No. 3 filed by CaremarkPCS Health, LLC, Caremark Puerto Rico, L.L.C. is NOTED. The Consent MOTION at ECF #5 requesting Order Hold the Deadline to Submit Motions to Dismiss or Otherwise Plead in Abeyance filed by LDG Medical Services Group, L.L.C. is GRANTED. The defendants' deadline to answer the complaint or otherwise plead in this removed action is held in abeyance pending transfer of this action to In re: Insulin Pricing Litigation, MDL No. 3080, or if plaintiffs oppose transfer- pending the resolution of plaintiffs' objection. Signed by Judge Aida M. Delgado-Colon on 10/23/2023.(wm)
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| Filing 5 Consent MOTION requesting Order Hold the Deadline to Submit Motions to Dismiss or Otherwise Plead in Abeyance filed by Eduardo A. Zayas-Marxuach on behalf of CaremarkPCS Health, LLC, Caremark Puerto Rico, L.L.C. Responses due by 11/3/2023. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Zayas-Marxuach, Eduardo) Modified filers on 10/20/2023 (idg). |
| Filing 4 NOTICE OF JUDGE ASSIGNMENT: Case has been assigned to Judge Aida M. Delgado-Colon. (vdm) |
| Filing 3 NOTICE of Filing of Notice of Potential Tag-Along Action by Caremark Puerto Rico, L.L.C., CaremarkPCS Health, LLC (Attachments: #1 Exhibit A) (Zayas-Marxuach, Eduardo) |
| Filing 2 Corporate Disclosure Statement byCaremark Puerto Rico, L.L.C., CaremarkPCS Health, LLC. (Zayas-Marxuach, Eduardo) |
| Filing 1 NOTICE OF REMOVAL from Commonwealth of Puerto Rico Court of First Instance, San Juan Part, case number SJ2023cv08437. (Filing fee $ 402 receipt number APRDC-8407307), filed by Caremark Puerto Rico, L.L.C., CaremarkPCS Health, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet, #4 Category Sheet)(Zayas-Marxuach, Eduardo) |
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