Phillips v. EzriCare, LLC et al
| Teresa Phillips |
| EZRICARE, LLC, EZRIRX LLC, ARU PHARMA INC., WALMART INC and WAL-MART STORES EAST LP |
| 3:2023cv04978 |
| August 17, 2023 |
| US District Court for the District of New Jersey |
| Zahid N Quraishi |
| Rukhsanah L Singh |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 2, 2023. A more recent docket listing may be available from PACER.
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| CLERK'S QUALITY CONTROL MESSAGE - The Rule 26 Disclosure #83 was filed improperly. For future reference, Rule 26 Disclosures should not be filed on the docket. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (amv) |
| Filing 83 DECLARATION Rule 26 disclosure by EZRICARE, LLC. (FOGEL, MAUREEN) |
Filing 82
PRETRIAL SCHEDULING ORDER: Telephone Status Conference set for 1/22/2024 at 2:00 PM before Magistrate Judge Rukhsanah L. Singh. Amended Pleadings are due by 1/31/2024. Fact Discovery is to remain open through 9/30/2024. Signed by Magistrate Judge Rukhsanah L. Singh on 10/19/2023. (mlh)
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Filing 81
ORDER granting #80 Motion for Leave to Appear Pro Hac Vice admission as to Jory D. Lange, Jr. Signed by Magistrate Judge Rukhsanah L. Singh on 10/17/2023. (kht)
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| Text Minute Entry for proceedings held before Magistrate Judge Rukhsanah L. Singh: Initial Pretrial Conference via Microsoft Teams held on 10/17/2023. (mm) |
| Set Deadlines as to #80 MOTION for Leave to Appear Pro Hac Vice . Motion set for 11/6/2023 before Magistrate Judge Rukhsanah L. Singh. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jdg) |
| Filing 80 MOTION for Leave to Appear Pro Hac Vice by Teresa Phillips. (Attachments: #1 Certification, #2 Certification, #3 Text of Proposed Order)(PLACITELLA, RACHEL) |
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Filing 79
LETTER ORDER granting request to have the 10/17/2023 scheduling conference be held via Zoom. Signed by Magistrate Judge Rukhsanah L. Singh on 10/11/2023. (jal, )
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| Filing 78 Letter from local counsel. (PLACITELLA, RACHEL) |
| Filing 77 NOTICE of Appearance by MAUREEN DOERNER FOGEL on behalf of EZRICARE, LLC (FOGEL, MAUREEN) |
| Filing 76 Joint Discovery Plan by Teresa Phillips.(PLACITELLA, RACHEL) |
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Filing 75
ORDER Scheduling Conference set for 10/17/2023 at 3:00 PM before Magistrate Judge Rukhsanah L. Singh in person at the Clarkson S. Fisher Building & U.S. Courthouse, 402 East State Street, Trenton, NJ. Signed by Magistrate Judge Rukhsanah L. Singh on 9/5/2023. (kht)
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| Judge Zahid N. Quraishi and Magistrate Judge Rukhsanah L. Singh added. (jjc, ) |
| Filing 74 Clerk's Letter: Attorney SABRINA R. GALLO is not admitted to the Federal Bar of New Jersey. Notice has been mailed to 333 S.E. 2ND AVE, 44TH FLOOR, MIAMI, FL 33131. (jjc, ) |
| Filing 73 Clerk's Letter: Attorney REBECCA S. VINOCUR is not admitted to the Federal Bar of New Jersey. Notice has been mailed to the attorney's address: 5915 PONCE DE LEON BLVD., SUITE 14, CORAL GABLES, FL 33146 (jjc, ) |
| Filing 72 Certified Copy of Transfer Order and docket received, Case transferred in from District of Florida Middle; Case Number 3:23-cv-00153. Original file certified copy of transfer order and docket sheet received. |
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Filing 71
ORDER granting #69 Unopposed Motion Transferring Plaintiff's Claims Against Defendant EzriCare, LLC, Only, to the District of New Jersey (with directions to the Clerk of the Court). The claims raised by Plaintiff against Defendant Aru Pharma, Inc. remain pending in this Court. Signed by Judge Marcia Morales Howard on 8/15/2023. (JW)
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Filing 70
ORDER dismissing, without prejudice, the claims raised against Defendant EzriRx, LLC. The Clerk of the Court is directed to terminate this Defendant, as well as #42 Defendant's Motion to Dismiss. Signed by Judge Marcia Morales Howard on 8/14/2023. (JW)
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| Filing 69 Unopposed MOTION to Change Venue / Transfer Case Transferring Plaintiff's Claims Against Defendant Ezricare, LLC, Only, to The District of New Jersey by Teresa Phillips. (Vinocur, Rebecca) |
| Filing 68 STIPULATION of Dismissal Without Prejudice of Ezrirx, LLC Only by Teresa Phillips. (Vinocur, Rebecca) |
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Filing 67
ORDER directing Plaintiff to show cause why the claims raised against Defendant Aru Pharma, Inc. should not be stayed. Show Cause Response due by 8/21/2023. Signed by Judge Marcia Morales Howard on 8/7/2023. (JW)
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Filing 66
CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Fact Discovery due by 5/24/2024. Notice regarding mediator due 9/16/2024. Expert discovery due 10/23/2024. Motion for class certification due 11/22/2024. Conduct mediation hearing by 12/16/2024. Dispositive motions due by 12/23/2024. Final Pretrial Conference set for 5/19/2025 at 10:00 AM before Judge Marcia Morales Howard. Jury Trial set for trial term commencing on 6/2/2025 at 09:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 8/7/2023. (JW)
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| Set/reset scheduling order deadlines:( All other motions due by 4/28/2025, Defendant disclosure of expert report due by 7/24/2024, Plaintiff disclosure of expert report due by 6/24/2024), Amended Pleadings due by 12/11/2023 Discovery due by 10/23/2024 Pretrial statement due by 5/12/2025 (HAI) |
| Filing 65 CASE MANAGEMENT REPORT. (Sciortino, Stephanie) |
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Filing 64
ENDORSED ORDER discharging #47 Order to Show Cause. Signed by Judge Marcia Morales Howard on 7/10/2023. (JW)
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Filing 63
ENDORSED ORDER granting #62 Plaintiff's Unopposed Motion for Extension of Time to Respond to Motions to Dismiss. Plaintiff shall have until August 18, 2023 to respond to #42 and #52 Motions to Dismiss. Signed by Magistrate Judge Monte C. Richardson on 7/7/2023. (ADM)
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| Filing 62 Unopposed MOTION for Extension of Time to File Response/Reply as to #52 MOTION to Dismiss Plaintiff's First Amended Complaint and Incorporated Memorandum of Law by Teresa Phillips. (Vinocur, Rebecca) Motions referred to Magistrate Judge Monte C. Richardson. |
| Set/reset deadlines/hearings: Case management report due by 8/3/2023 (JK) |
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Filing 61
ENDORSED ORDER granting #60 Joint Motion for an Additional Extension of Time to File Case Management Report. The parties' Case Management Report is due on or before August 3, 2023. Signed by Magistrate Judge Monte C. Richardson on 7/5/2023. (ADM)
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| Filing 60 Joint MOTION for Extension of Time to File Case Management Report by Teresa Phillips. (Vinocur, Rebecca) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 59 CERTIFICATE of interested persons and corporate disclosure statement by EzriCare, LLC. (Sciortino, Stephanie) |
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Filing 58
ORDER dismissing, without prejudice, the claims raised against Defendant Wal-Mart Stores East, LP and Walmart Inc. The Clerk of the Court is directed to terminate these Defendants and the #35 Motion to Dismiss. Signed by Judge Marcia Morales Howard on 6/26/2023. (JW)
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| Filing 57 STIPULATION of Dismissal Without Prejudice of Wal-Mart Stores East, LP and Walmart Inc., Only by Teresa Phillips. (Vinocur, Rebecca) |
| Filing 56 NOTICE of compliance re #47 Order to show cause, by Teresa Phillips (Attachments: #1 Exhibit Return of Service, #2 Exhibit Declaration of Jory Lange)(Vinocur, Rebecca) |
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Filing 55
ORDER striking #53 Defendant EzriCare, LLC's Rule 7.1 and Local Rule 3.03 Corporate Disclosure Statement. Proper disclosure statement due July 5, 2023. Signed by Judge Marcia Morales Howard on 6/21/2023. (JW)
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Filing 54
ENDORSED ORDER granting #49 Joint Motion to Set EzriCare LLC's First Responsive Pleading Deadline and #51 Unopposed Motion to Enlarge Time for Plaintiff to Respond to Defendant Ezrirx LLC's Motion to Dismiss Plaintiff's First Amended Complaint. EzriCare LLC's Motion to Dismiss #52 is accepted as timely. Plaintiff shall have until July 14, 2023 to respond to #42 EzriRx LLC's Motion to Dismiss. Signed by Magistrate Judge Monte C. Richardson on 6/21/2023. (ADM)
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| Filing 53 (STRICKEN per #55 Order) CORPORATE Disclosure Statement by EzriCare, LLC. (Sciortino, Stephanie) (Modified on 6/21/2023, to edit text) (BGR). |
| Filing 52 MOTION to Dismiss Plaintiff's First Amended Complaint and Incorporated Memorandum of Law by EzriCare, LLC. (Sciortino, Stephanie) |
| Filing 51 Unopposed MOTION for Extension of Time to File Response/Reply as to #42 MOTION to Dismiss PLAINTIFF'S FIRST AMENDED COMPLAINT AND INCORPORATED MEMORANDUM OF LAW by Teresa Phillips. (Vinocur, Rebecca) Motions referred to Magistrate Judge Monte C. Richardson. |
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Filing 50
ENDORSED ORDER: Any opposition to #49 Motion to Set Ezricare LLC's First Responsive Pleading Deadline shall be filed on or before June 16, 2023, or the Motion will be deemed to be unopposed. Signed by Magistrate Judge Monte C. Richardson on 6/15/2023. (ADM)
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| Filing 49 Joint MOTION to Set EzriCare LLC's Responsive Pleading Deadline on June 20, 2023 by EzriCare, LLC. (Sciortino, Stephanie) Motions referred to Magistrate Judge Monte C. Richardson. (Modified on 6/14/2023, to edit text) (BGR). |
| Filing 48 NOTICE TO COUNSEL Jory D. Lange, Jr. Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (BGR) |
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Filing 47
ORDER directing Plaintiff to show cause why Defendants EzriCare, LLC and Aru Pharma, Inc. should not be dismissed without prejudice for failure to prosecute. Show Cause Response due by 6/22/2023. Signed by Judge Marcia Morales Howard on 6/8/2023. (JW)
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Filing 46
ENDORSED ORDER granting #45 Joint Motion for an Additional Extension of Time to File Case Management Report. The parties' Case Management Report is due on or before July 3, 2023. Signed by Magistrate Judge Monte C. Richardson on 6/5/2023. (ADM)
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| Filing 45 Joint MOTION for Extension of Time to File (Additional) Time to File Case Management Report by Wal-Mart Stores East, LP, Walmart, Inc.. (Gallo, Sabrina) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 44 NOTICE TO COUNSEL Jory D. Lange, Jr. Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (BGR) |
| Filing 43 CORPORATE Disclosure Statement by EzriRx, LLC. (Sciortino, Stephanie) |
| Filing 42 MOTION to Dismiss re #15 Amended Complaint by EzriRx, LLC. (Attachments: #1 Exhibit A)(Sciortino, Stephanie) (Modified on 5/24/2023, to edit text) (BGR). |
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Filing 41
ENDORSED ORDER granting #40 Unopposed Motion to Enlarge Time for Plaintiff to Respond to Defendant Walmart's Motion to Dismiss the Complaint. Plaintiff's response to the Motion to Dismiss is due on or before June 22, 2023. Signed by Magistrate Judge Monte C. Richardson on 5/16/2023. (ADM)
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| Filing 40 Unopposed MOTION for Extension of Time to File Response/Reply as to #35 MOTION to Dismiss The First Amended Complaint by Teresa Phillips. (Vinocur, Rebecca) Motions referred to Magistrate Judge Monte C. Richardson. |
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Filing 39
ENDORSED ORDER granting #38 Unopposed Motion for Special Admission. If Jory D. Lange, Esq. has not already done so, counsel shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Monte C. Richardson on 5/9/2023. (ADM)
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| Filing 38 Unopposed MOTION for Jory D. Lange, Jr. to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20808335 for $150 by Teresa Phillips. (Vinocur, Rebecca) Motions referred to Magistrate Judge Monte C. Richardson. |
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Filing 37
ENDORSED ORDER granting #30 Joint Motion for an Additional Extension of Time to Respond to First Amended Complaint and #34 Joint Motion for an Extension of Time to File Case Management Report. To the extent the Joint Motion for an Additional Extension of Time to Respond to First Amended Complaint is not moot, Defendants, Walmart Stores East, LP and Walmart, Inc., shall have until May 22, 2023 to respond to the First Amended Complaint. The parties' Case Management Report is due on or before June 2, 2023. Signed by Magistrate Judge Monte C. Richardson on 5/2/2023. (ADM)
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| Filing 36 SUMMONS issued as to EzriRx, LLC. (BGR) |
| Filing 35 MOTION to Dismiss re #15 First Amended Complaint by Wal-Mart Stores East, LP, Walmart, Inc. (Gallo, Sabrina) (Modified on 5/2/2023, to edit text) (BGR). |
| Filing 34 Joint MOTION for Extension of Time to File Case Management Report by Wal-Mart Stores East, LP, Walmart, Inc.. (Gallo, Sabrina) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 33 PROPOSED summons to be issued by Teresa Phillips. (Vinocur, Rebecca) |
| Filing 32 SUMMONS returned unexecuted by Teresa Phillips as to EzriRX, LLC. (Vinocur, Rebecca) (Modified on 5/2/2023, to edit text) (BGR). |
| Filing 31 NOTICE TO COUNSEL Jory D. Lange, Jr. Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; (Signed by Deputy Clerk). (BGR) |
| Filing 30 Joint MOTION for Extension of Time to File Answer re #15 Amended Complaint by Wal-Mart Stores East, LP, Walmart, Inc.. (Gallo, Sabrina) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 29 SUMMONS returned unexecuted by Teresa Phillips as to EzriRx, LLC. (Vinocur, Rebecca) |
| Filing 28 SUMMONS returned unexecuted by Teresa Phillips as to EzriCare, LLC. (Vinocur, Rebecca) |
| Filing 27 RETURN of service executed on March 9, 2023 by Teresa Phillips as to Wal-Mart Stores East, LP. (Vinocur, Rebecca) |
| Filing 26 RETURN of service executed on March 9, 2023 by Teresa Phillips as to Walmart, Inc.. (Vinocur, Rebecca) |
| Filing 25 RETURN of service executed on March 14, 2023 by Teresa Phillips as to Aru Pharma, Inc.. (Vinocur, Rebecca) |
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Filing 24
ENDORSED ORDER granting #22 Defendants' Unopposed Motion for Extension of Time to Respond to First Amended Complaint. On or before May 1, 2023, Defendants Wal-Mart Stores East, LP and Walmart Inc. shall respond to the First Amended Complaint. Signed by Magistrate Judge Monte C. Richardson on 3/23/2023. (ADM)
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| Filing 23 CORPORATE Disclosure Statement by Wal-Mart Stores East, LP, Walmart, Inc. identifying Other Affiliate Wal-Mart Stores East LP for Wal-Mart Stores East, LP; Corporate Parent Walmart Inc for Walmart, Inc... (Gallo, Sabrina) |
| Filing 22 Unopposed MOTION for Extension of Time to File Answer re #15 Amended Complaint by Wal-Mart Stores East, LP, Walmart, Inc.. (Gallo, Sabrina) Motions referred to Magistrate Judge Monte C. Richardson. |
| Filing 21 NOTICE of Appearance by Sabrina R. Gallo on behalf of Wal-Mart Stores East, LP, Walmart, Inc. (Gallo, Sabrina) |
| Filing 20 ALIAS SUMMONS reissued as to Aru Pharma, Inc. (AET) |
| Filing 19 SUMMONS returned unexecuted by Teresa Phillips as to Aru Pharma, Inc.. (Vinocur, Rebecca) |
| Filing 18 PROPOSED summons to be issued by Teresa Phillips. (Vinocur, Rebecca) Modified on 3/2/2023 to notify counsel to file a return of service unexecuted before this summons can be issued (AET). |
| Filing 17 PROPOSED summons to be issued by Teresa Phillips. (Vinocur, Rebecca) Modified on 3/2/2023 to notify counsel to file a return of service unexecuted before this summons can be issued (AET). |
| Filing 16 NOTICE: Upon review of #14 Plaintiff's Compliance Notice Regarding Diversity Jurisdiction Pleading, the Court's sua sponte inquiry into its subject matter jurisdiction is satisfied. (WT) |
| Filing 15 AMENDED COMPLAINT First Amended Complaint against All Defendants with Jury Demand. filed by Teresa Phillips.(Vinocur, Rebecca) |
| Filing 14 NOTICE of compliance re #11 Jurisdiction review, Compliance Notice Regarding Diversity Jurisdiction Pleading by Teresa Phillips (Vinocur, Rebecca) |
| Filing 13 NOTICE of Lead Counsel Designation by Rebecca S. Vinocur on behalf of Teresa Phillips. Lead Counsel: Rebecca S. Vinocur. (Vinocur, Rebecca) |
| Filing 12 NOTICE of Local Rule 1.08(a), which specifies requirements relating to paper size, margins, page numbering, main text, indented quotations, footnotes, typeface and character spacing. (Signed by Deputy Clerk). (WT) |
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Filing 11
ORDERED: Plaintiff shall provide the Court with sufficient information so that it can determine whether it has subject matter jurisdiction over this action. See Order for details. Response due by 2/27/2023. Signed by Judge Marcia Morales Howard on 2/13/2023. (WT)
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| Filing 10 NOTICE to counsel Jory D. Lange, Jr. and Rebecca S. Vinocur of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (AET) |
| Filing 9 NOTICE to counsel Jory D. Lange, Jr. Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (AET) |
| Filing 8 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW) |
| Filing 7 SUMMONS issued as to Walmart, Inc. (BGR) |
| Filing 6 SUMMONS issued as to Wal-Mart Stores East, LP. (BGR) |
| Filing 5 SUMMONS issued as to EzriRx, LLC. (BGR) |
| Filing 4 SUMMONS issued as to EzriCare, LLC. (BGR) |
| Filing 3 SUMMONS issued as to Aru Pharma, Inc. (BGR) |
| Filing 2 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Monte C. Richardson. New case number: 3:23-cv-0153-MMH-MCR. (SJB) |
| Filing 1 COMPLAINT against Aru Pharma, Inc., EzriCare, LLC, EzriRx, LLC, Wal-Mart Stores East, LP, Walmart, Inc. with Jury Demand (Filing fee $402 receipt number AFLMDC-20495621) filed by Teresa Phillips. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons)(Vinocur, Rebecca) |
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