Anthem, Inc. v. Express Scripts, Inc.
| Anthem, Inc. |
| Express Scripts, Inc. |
| 1:2016cv02048 |
| March 21, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Edgardo Ramos |
| Contract: Other |
| 28 U.S.C. § 1332 oc |
| Both |
Docket Report
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This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.
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Filing 223
MOTION for Evan M. Goldenberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17136592. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthem, Inc.. (Attachments: #1 Affidavit in Support of Motion for Admission of Evan M. Goldenberg Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Goldenberg, Evan)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #223 MOTION for Evan M. Goldenberg to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17136592. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 222
ORDER REDACTING AND SEALING PORTIONS OF TRANSCRIPT: granting #221 Motion to Seal Document. IT IS HEREBY ORDERED that the May 14, 2019 hearing transcript be redacted and sealed pursuant to the proposed redactions contained in yellow highlighting in Exhibit 1 attached to ESI's letter motion, dated June 20, 2019; and it is further ORDERED that the public release of the May 14, 2019 hearing transcript be stayed until such time as the ordered redactions are implemented by the Court Reporter. SO ORDERED. (Signed by Judge Edgardo Ramos on 6/24/2019) (js)
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Transmission to Sealed Records Clerk. Transmitted re: #222 Order on Motion to Seal Document,,, to the Sealed Records Clerk for the sealing or unsealing of document or case. (js)
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Filing 221
LETTER MOTION to Seal Document #216 Transcript,, addressed to Judge Edgardo Ramos from Andrew S. Corkhill dated June 20, 2019. Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit 1 (Filed Under Seal), #2 Text of Proposed Order)(Corkhill, Andrew)
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Filing 220
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Summary judgment Motions due by 4/22/2020. Responses due by 6/3/2020. Replies due by 7/1/2020. Fact Depositions due by 9/30/2019. Expert Depositions due by 3/23/2020. Fact Discovery due by 9/30/2019. All Discovery due by 3/23/2020. Case Management Conference set for 4/2/2020 at 11:00 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 6/7/2019) (mro)
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Filing 219
LETTER addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated June 5, 2019 re: [Proposed] Revised Civil Case Discovery Plan and Scheduling Order. Document filed by Anthem, Inc.. (Attachments: #1 [Proposed] Revised Civil Case Discovery Plan and Scheduling Order)(Kurtz, Glenn)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #218 Proposed Order was reviewed and approved as to form. (km)
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Filing 218
PROPOSED ORDER. Document filed by Anthem, Inc.. (Kurtz, Glenn) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 217
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 5/14/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 216
TRANSCRIPT of Proceedings re: MOTIION held on 5/14/2019 before Judge Edgardo Ramos. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/20/2019. Redacted Transcript Deadline set for 7/1/2019. Release of Transcript Restriction set for 8/28/2019.(McGuirk, Kelly)
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Filing 215
PROPOSED ORDER. Document filed by Express Scripts, Inc.. (Corkhill, Andrew) Proposed Order to be reviewed by Clerk's Office staff.
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #215 Proposed Order was reviewed and approved as to form. (dt)
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Filing 214
OPINION AND ORDER: Pursuant to the Court's January 17, 2019 order, Express Scripts, Inc., ("ESI") submitted a privilege log, a chronology of its retention of Milliman, Inc., a consulting company, and documents in its possession and in the possession of Milliman. Anthem has also submitted a chronology of ESI's retention of Milliman, as well as supporting documents. Both parties have submitted these documents under seal and for in camera review. ESI has invoked the work-product, attorney-client, and non-testifying expert privileges as reasons for withholding production of the documents in its possession; as set forth herein. For the non-testifying expert privilege, "[o]rdinarily, a party may not, by interrogatories or deposition, discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or to prepare for trial and who is not expected to be called as a witness at trial." Fed. R. Civ. P. 26(b)(4)(D). This privilege does not apply when a party shows "exceptional circumstances under which it is impracticable for the party to obtain facts or opinions on the same subject by other means." Fed. R. Civ. P. 26(b)(4)(D)(ii). With these precedents in mind, the Court has reviewed ESI's corrected privilege log (attached as Exhibit 2 to its January 24, 2019 letter), the parties' chronologies, and the remaining documents that were submitted for in camera review. It finds that ESI has properly invoked the work-product, non-testifying expert, and attorney-client privileges for every document identified by the privilege log and obtained from Milliman, a non-testifying expert, "because of the prospect of litigation," Schaeffler, 806 F.3d at 43. This includes the following Entry Numbers; as set forth herein. Because the Court finds that ESI retained Milliman for the purpose of preparing for potential litigation, the privileges may also apply to the documents in Milliman's possession. This resolves all documents in the privilege log. (Signed by Judge Edgardo Ramos on 5/14/2019) (mro)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Discovery Hearing held on 5/14/2019. Plaintiff's counsel present. Defendant's counsel present. (jar)
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Filing 213
LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated May 7, 2019 re: #202 LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Andres S. Corkhill dated April 26, 2019. [Public Redacted Version]. Document filed by Anthem, Inc.. (Attachments: #1 Exhibit A- Transcript dated April 26, 2017, #2 Exhibit B (Filed Under Seal), #3 Exhibit C- Transcript dated November 21, 2017, #4 Exhibit D- Transcript dated August 1, 2017, #5 Exhibit E (Filed Under Seal), #6 Exhibit F (Filed Under Seal), #7 Exhibit G (Filed Under Seal), #8 Exhibit H (Filed Under Seal), #9 Exhibit I (Filed Under Seal), #10 Exhibit J (Filed Under Seal), #11 Exhibit K (Filed Under Seal))(Kurtz, Glenn)
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Filing 212
STIPULATION AND ORDER SEALING RESPONSE TO PRE-MOTION LETTER AND EXHIBITS: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for ESI and Anthem that: 1. Anthem is authorized to file the Response to Pre-Motion Letter and its exhibits under seal; 2. This Stipulation may be executed in counterparts and by e-mail or facsimile transmission, each of which shall be deemed an original for purposes of this Stipulation. SO ORDERED. (Signed by Judge Edgardo Ramos on 5/9/2019) (kv)
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Filing 211
LETTER addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated May 7, 2019 re: response to Express Scripts, Inc.'s April 26,2019 letter seeking a Local Civil Rule 37.2 Conference #201 . Document filed by Anthem, Inc.. (Attachments: #1 Exhibit A)(Kurtz, Glenn)
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Filing 210
ORDER granting #208 Letter Motion for Extension of Time to File Response/Reply. The application is granted. SO ORDERED. Responses due by 5/7/2019 (Signed by Judge Edgardo Ramos on 5/6/2019) (kv)
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Filing 209
PROPOSED STIPULATION AND ORDER. Document filed by Anthem, Inc.. (Columbres, Claudine)
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Filing 208
LETTER MOTION for Extension of Time to File Response/Reply as to #202 LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Andres S. Corkhill dated April 26, 2019., #201 Letter addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated May 3, 2019. Document filed by Anthem, Inc..(Kurtz, Glenn)
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Filing 207
SEALED DOCUMENT placed in vault.(mhe)
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Filing 204
LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Michael J. Lyle dated April 29, 2019 re: #187 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated March 27, 2019. . Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit 1 (Filed Under Seal), #2 Exhibit 2 (Filed Under Seal), #3 Exhibit 3 (Filed Under Seal))(Lyle, Michael)
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Filing 203
LETTER addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated April 29, 2019 re: Defendant Express Scripts, Inc.'s March 27, 2019, letter #188 . Document filed by Anthem, Inc..(Kurtz, Glenn)
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Filing 206
SEALED DOCUMENT placed in vault.(mhe)
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Filing 205
SEALED DOCUMENT placed in vault.(mhe)
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Filing 202
LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Andres S. Corkhill dated April 26, 2019. Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10)(Corkhill, Andrew)
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Filing 201
LETTER addressed to Judge Edgardo Ramos from Andrew S. Corkhill dated April 26, 2019 re: Cigna Litigation deposition materials. Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit A)(Corkhill, Andrew)
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Filing 200
STIPULATION AND ORDER SEALING PRE-MOTION LETTER AND EXHIBITS: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the Parties, that: 1. ESI is authorized to file the Pre-Motion Letter and any exhibits under seal, and to file redacted copies of the Pre-Motion Letter and any exhibits on the public docket; 2. This Stipulation may be executed in counterparts and by e-mail or facsimile transmission, each of which shall be deemed an original for purposes of this Stipulation. SO ORDERED. (Signed by Judge Edgardo Ramos on 4/26/2019) (kv)
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Filing 199
STIPULATION AND ORDER SEALING RESPONSE TO PRE-MOTION LETTER AND EXHIBITS: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the Parties, that: 1. ESI is authorized to file the Response (including exhibits) under seal, and to file a redacted copy of the Response on the public docket; 2. This stipulation may be executed in counterparts and by e-mail or facsimile transmission, each of which shall be deemed an original for purposes of this stipulation. SO ORDERED. (Signed by Judge Edgardo Ramos on 4/25/2019) (kv)
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Filing 198
PROPOSED STIPULATION AND ORDER. Document filed by Express Scripts, Inc.. (Lyle, Michael)
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Filing 197
STIPULATION AND ORDER SEALING PRE-MOTION LETTER AND EXHIBITS: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the Parties, that: 1. ESI is authorized to file the Pre-Motion Letter and any exhibits under seal, and to file redacted copies of the Pre-Motion Letter and any exhibits on the public docket; 2. This Stipulation may be executed in counterparts and by e-mail or facsimile transmission, each of which shall be deemed an original for purposes of this Stipulation. SO ORDERED. (Signed by Judge Edgardo Ramos on 4/22/2019) (kv)
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Filing 196
PROPOSED STIPULATION AND ORDER. Document filed by Express Scripts, Inc.. (Corkhill, Andrew)
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Filing 195
PROPOSED STIPULATION AND ORDER. Document filed by Express Scripts, Inc.. (Corkhill, Andrew)
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Filing 194
REVISED CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Motions due by 12/20/2019. Responses due by 1/31/2020 Replies due by 2/28/2020. Deposition due by 11/21/2019. Fact Discovery due by 6/14/2019. All Discovery due by 11/21/2019. Case Management Conference set for 11/27/2019 at 11:00 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 4/1/2019) (kv)
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Filing 193
ORDER granting #191 Letter Motion for Extension of Time. The application is granted. The time to respond to pre-motion letters is extended to April 29, 2019. The pre-motion conference is adjourned to Tuesday, May 14, 2019, at 10:00 a.m. (Signed by Judge Edgardo Ramos on 4/1/2019) (ne)
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Set/Reset Hearings: Pre-Motion Conference set for 5/14/2019 at 10:00 AM before Judge Edgardo Ramos. (ne)
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Filing 192
LETTER addressed to Judge Edgardo Ramos from Andrew S. Corkhill dated March 29, 2019 re: Proposed Revised Schedule. Document filed by Express Scripts, Inc.. (Attachments: #1 Proposed Revised Civil Case Discovery Plan and Scheduling Order)(Corkhill, Andrew)
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Filing 191
LETTER MOTION for Extension of Time to File Responses/Replies to March 27, 2019 Pre-Motion Letters (ECF Nos. 187, 188) and Joint Continuance of April 2, 2019 Pre-Motion Conference addressed to Judge Edgardo Ramos from Mike Lyle dated March 29, 2019. Document filed by Express Scripts, Inc..(Corkhill, Andrew)
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Filing 190
SEALED DOCUMENT placed in vault.(rz)
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Filing 189
SEALED DOCUMENT placed in vault.(rz)
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Filing 188
LETTER addressed to Judge Edgardo Ramos from Andrew S. Corkhill dated March 27, 2019 re: Discovery Dispute. Document filed by Express Scripts, Inc..(Corkhill, Andrew)
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Filing 187
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated March 27, 2019. Document filed by Anthem, Inc.. (Attachments: #1 Exhibit A (Filed Under Seal), #2 Exhibit B (Filed Under Seal), #3 Exhibit C (Filed Under Seal), #4 Exhibit D (Filed Under Seal), #5 Exhibit E (Filed Under Seal), #6 Exhibit F (Filed Under Seal))(Kurtz, Glenn)
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Filing 186
SEALED DOCUMENT placed in vault.(rz)
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Filing 185
LETTER addressed to Judge Edgardo Ramos from Mike Lyle dated March 25, 2019 re: Response to Anthem, Inc.'s March 15, 2019 Letter. Document filed by Express Scripts, Inc..(Corkhill, Andrew)
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Filing 184
STIPULATION AND ORDER SEALING PREMOTION LETTER AND EXHIBITS, IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the Parties, that: l. ESI is authorized to file the Pre-Motion Letter and any exhibits under seal, and to file redacted copies of the Pre-Motion Letter and any exhibits on the public docket; 2. This Stipulation may be executed in counterparts and by e-mail or facsimile transmission, each of which shall be deemed an original for purposes of this Stipulation. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/25/2019) (kv)
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Filing 183
STIPULATION AND ORDER SEALING PRE-MOTION LETTER AND EXHIBITS, IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for ESI and Anthem that: 1. Anthem is authorized to file the Pre-Motion Letter and its exhibits under seal; 2. This Stipulation may be executed in counterparts and by e-mail or facsimile transmission, each or which shall be deemed an original for purposes of this Stipulation. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/25/2019) (kv)
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Filing 182
PROPOSED STIPULATION AND ORDER. Document filed by Anthem, Inc.. (Kurtz, Glenn)
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Filing 181
SEALED DOCUMENT placed in vault.(rz)
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Filing 180
LETTER addressed to Judge Edgardo Ramos from Keith Forst dated March 22, 2019 re: in Response to Anthem's March 13, 2019 Letter. Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit 1 - Filed Under Seal)(Forst, Keith)
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Filing 179
PROPOSED STIPULATION AND ORDER. Document filed by Express Scripts, Inc.. (Corkhill, Andrew)
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Filing 178
STIPULATION AND ORDER SEALING PRE-MOTION LETTER AND EXHIBIT: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the Parties, that: l. ESI is authorized to file the Response (including exhibits) under seal, and to file a redacted copy of the Response on the public docket; 2. This stipulation may be executed in counterparts and by e-mail or facsimile transmission, each of which shall be deemed an original for purposes of this stipulation. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/22/2019) (kv)
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Filing 177
STIPULATION AND ORDER SEALING PREMOTION LETTER AND EXHIBITS: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the Parties, that: 1. ESI is authorized to file the PML Response (including exhibits) under seal, and to file redacted copies of the PML Response on the public docket; 2. This Stipulation may be executed in counterparts and by e-mail or facsimile transmission, each of which shall be deemed an original for purposes of this Stipulation. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/22/2019) (kv)
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Filing 176
PROPOSED STIPULATION AND ORDER. Document filed by Express Scripts, Inc.. (Forst, Keith)
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Filing 175
PROPOSED STIPULATION AND ORDER. Document filed by Express Scripts, Inc.. (Corkhill, Andrew)
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Filing 174
ORDER granting #172 Letter Motion for Local Rule 37.2 Conference. The matter will be heard at the April 2 pre-motion conference. Express Scripts' response to Anthem's letter is due March 25, 2019. The Clerk of the Court is respectfully directed to terminate the motion, doc. 173. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 173
LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff Anthem's March 15, 2019 Pre-Motion Letter (ECF No. 172) addressed to Judge Edgardo Ramos from Mike Lyle dated March 19, 2019. Document filed by Express Scripts, Inc..(Corkhill, Andrew)
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Filing 172
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated March 15, 2019. Document filed by Anthem, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C (Filed Under Seal))(Kurtz, Glenn)
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Filing 171
ORDER granting #167 Letter Motion for Conference. A pre-motion conference will be held on April 2, 2019, at 2:30 p.m. Defendant is directed to submit a written response not longer than 3 pages by March 22, 2019. ( Pre-Motion Conference set for 4/2/2019 at 02:30 PM before Judge Edgardo Ramos. ) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 170
SEALED DOCUMENT placed in vault.(mhe)
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Filing 169
STIPULATION AND ORDER SEALING EXHIBITS TO PRE-MOTION LETTER: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for ESI and Anthem that: 1. Anthem is authorized to file the Pre-Motion Letter and its exhibits under seal; 2. This Stipulation may be executed in counterparts and by e-mail or facsimile transmission, each of which shall be deemed an original for purposes of this Stipulation. SO ORDERED. (Signed by Judge Edgardo Ramos on 3/14/2019) (kv)
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Filing 168
PROPOSED STIPULATION AND ORDER. Document filed by Anthem, Inc.. (Kurtz, Glenn)
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Filing 167
LETTER MOTION for Conference Local Rule 37.2 addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated March 13, 2019. Document filed by Anthem, Inc..(Kurtz, Glenn)
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DOCKET ANNOTATION: Scheduling Notice - A telephone conference will be held on Thursday, February 28, 2019, at 4:00 p.m. The parties are directed to jointly call the Court at (212) 805-0169. (jar) Modified on 2/28/2019 (jar).
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Filing 166
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. The parties will complete fact depositions no later than April 26, 2019. Motions due by 10/16/2019. Responses due by 11/20/2019 Replies due by 12/18/2019. Expert Deposition due by 9/12/2019. Fact Discovery due by 4/26/2019. Discovery due by 9/12/2019. Case Management Conference set for 9/12/2019 at 11:30 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 2/8/2019) (kv)
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Filing 165
LETTER addressed to Judge Edgardo Ramos from Andrew S. Corkhill dated February 7, 2019 re: [Proposed] Revised Civil Case Discovery Plan and Scheduling Order. Document filed by Express Scripts, Inc.. (Attachments: #1 [Proposed] Revised Civil Case Discovery Plan and Scheduling Order)(Corkhill, Andrew)
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Filing 164
SEALED DOCUMENT placed in vault.(mhe)
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Filing 163
SEALED DOCUMENT placed in vault.(mhe)
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Filing 162
LETTER addressed to Judge Edgardo Ramos from Keith H. Forst dated January 24, 2019 re: Chronology for Milliman Retention. Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit 1 - Filed Under Seal, #2 Exhibit 2 - Excerpt of ESI Privilege Log, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - Filed Under Seal, #5 Exhibit 5 - Filed Under Seal, #6 Exhibit 6 - Filed Under Seal, #7 Exhibit 7 - Filed Under Seal, #8 Exhibit 8 - Filed Under Seal, #9 Exhibit 9 - Filed Under Seal, #10 Exhibit 10 - Filed Under Seal)(Forst, Keith)
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Filing 161
NOTICE of Anthem, Inc.'s Chronology of Express Scripts, Inc.'s Retention of Milliman [Redacted]. Document filed by Anthem, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 [Filed Under Seal], #3 Exhibit 3, #4 Exhibit 4 [Filed Under Seal], #5 Exhibit 5 [Filed Under Seal], #6 Exhibit 6 [Filed Under Seal], #7 Exhibit 7 [Filed Under Seal])(Kurtz, Glenn)
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Filing 160
STIPULATION AND ORDER SEALING MILLIMAN CHRONOLOGIES AND EXHIBITS, IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the Parties, that: 1. The Parties are authorized to file the Milliman Chronologies (including exhibits) under seal, and to file redacted copies of the Milliman Chronologies on the public docket; 2. This Stipulation may be executed in counterparts and by e-mail or facsimile transmission, each of which shall be deemed an original for purposes of this Stipulation. Motions terminated: #159 JOINT LETTER MOTION to Seal Document /Joint Letter Motion to Seal Milliman Chronologies and Exhibits addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated January 23, 2019. filed by Anthem, Inc. (Signed by Judge Edgardo Ramos on 1/24/2019) (kv)
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Filing 159
JOINT LETTER MOTION to Seal Document /Joint Letter Motion to Seal Milliman Chronologies and Exhibits addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated January 23, 2019. Document filed by Anthem, Inc.. (Attachments: #1 Stipulation and [Proposed] Order Sealing Milliman Chronologies and Exhibits)(Kurtz, Glenn)
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Filing 158
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Express Scripts Holding Company, Corporate Parent Cigna Corporation for Express Scripts, Inc.. Document filed by Express Scripts, Inc..(Corkhill, Andrew)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Andrew Stuart Corkhill to RE-FILE Document #157 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
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Filing 157
FILING ERROR NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Express Scripts Holding Company for Express Scripts, Inc.. Document filed by Express Scripts, Inc..(Corkhill, Andrew) Modified on 1/18/2019 (lb).
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Andrew Stuart Corkhill to RE-FILE Document #156 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). YOU MUST SELECT THE SEARCH BUTTON. Select the correct name or create a new corporate parent. Add the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb)
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Filing 156
FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Express Scripts, Inc..(Corkhill, Andrew) Modified on 1/17/2019 (lb).
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Filing 155
ORDER granting #153 LETTER MOTION to Adjourn Conference currently scheduled for January 4, 2019 addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated December 13, 2018. Document filed by Anthem, Inc. Conference adjourned until Thursday, January 17, 2019, at 3:15 PM. The application is granted. (Pre-Motion Conference set for 1/17/2019 at 03:15 PM before Judge Edgardo Ramos). (Signed by Judge Edgardo Ramos on 12/17/2018) (rjm)
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Filing 153
LETTER MOTION to Adjourn Conference currently scheduled for January 4, 2019 addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated December 13, 2018. Document filed by Anthem, Inc..(Kurtz, Glenn)
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Filing 154
SEALED DOCUMENT placed in vault.(mhe)
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Filing 152
STIPULATION AND ORDER SEALING RESPONSE, WITH EXHIBITS, TO PRE-MOTION LETTER: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for ESI and Anthem that: 1. ESI is authorized to file the Response (including exhibits) under seal and to file a redacted copy on the public docket. (Signed by Judge Edgardo Ramos on 12/12/2018) (jwh)
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Filing 151
RESPONSE re: #148 LETTER MOTION for Local Rule 37.2 Conference and pursuant to Section 2(A)(i) of this Court's Individual Practices addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated December 3, 2018. . Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit 1 Filed Under Seal, #2 Exhibit 2 Declaration of Jeffrey W. Mittleman, #3 Exhibit 3 Filed Under Seal)(Ward Merkel, Ellison)
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Filing 150
LETTER MOTION for Leave to File Letter with Exhibits Under Seal addressed to Judge Edgardo Ramos from Andrew S. Corkhill dated December 11, 2018. Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit Stipulation and [Proposed] Order Sealing Response, with Exhibits, to Pre-Motion Letter)(Corkhill, Andrew)
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Filing 149
ORDER granting #148 Letter Motion for Local Rule 37.2 Conference. A pre-motion conference will be held on January 4, 2019, at 11:45 a.m. Defendant is directed to respond by Wednesday, December 12, 2018. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar)
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Filing 148
LETTER MOTION for Local Rule 37.2 Conference and pursuant to Section 2(A)(i) of this Court's Individual Practices addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated December 3, 2018. Document filed by Anthem, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kurtz, Glenn)
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Filing 147
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER granting #146 Letter Motion for Extension of Time to Complete Discovery: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial This case is to be tried to a jury. Except for good cause shown, joinder of additional parties is no longer permitted. The parties will complete fact depositions no later than February 8, 2019. Fact discovery shall be completed by February 8, 2019. ALL DISCOVERY SHALL BE COMPLETED BY June 27, 2019. Summary Judgment Motions due by 7/31/2019. Responses due by 9/3/2019. Replies due by 9/27/2019. The next case management conference is scheduled for June 27, 2019, at 11:00 a.m. The July 19, 2019 case management conference is cancelled. (Signed by Judge Edgardo Ramos on 11/6/2018) (jwh)
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Set/Reset Deadlines: ( Deposition due by 6/27/2019., Discovery due by 6/27/2019., Fact Discovery due by 2/8/2019., Motions due by 7/31/2019., Responses due by 9/3/2019, Replies due by 9/27/2019.), Set/Reset Hearings:( Case Management Conference set for 6/27/2019 at 11:00 AM before Judge Edgardo Ramos.) (jwh)
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Filing 146
LETTER MOTION for Extension of Time to Complete Discovery /Letter Motion for Proposed Revised Civil Case Discovery Plan and Scheduling Order addressed to Judge Edgardo Ramos from Claudine Columbres dated October 30, 2018. Document filed by Anthem, Inc.. (Attachments: #1 Proposed Revised Civil Case Discovery Plan and Scheduling Order)(Columbres, Claudine)
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Filing 145
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/21/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 144
TRANSCRIPT of Proceedings re: confernece held on 8/21/2018 before Judge Edgardo Ramos. Court Reporter/Transcriber: Anita Trombetta, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/17/2018. Redacted Transcript Deadline set for 9/27/2018. Release of Transcript Restriction set for 11/26/2018.(McGuirk, Kelly)
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Filing 143
ORDER: On July 23, 2018, Anthem, Inc. ("Anthem") sought a conference to resolve discovery disputes concerning Express Scripts, Inc.'s ("Express Scripts'") responses to three of Anthem's interrogatories. See Doc. 128. The Court held the requested conference on August 21, 2018, and resolved the parties' disagreement over Express Scripts' response to Interrogatory 4. The Court informed the parties that its decision on the adequacy of Express Scripts' responses to Interrogatories 7 and 11 would be taken under advisement. For the reasons stated below, Anthem's request is now GRANTED in part and DENIED in part. The Court finds that Anthem's request has put the cart before the horse. Interrogatories 7 and 11 ask Express Scripts whether it believes its Anthem pricing was competitive (or at "competitive benchmark" levels), and asks Express Scripts to identify the bases for its contention. See Doc. 128 Ex. 3. Express Scripts has not answered the second part of Anthem's interrogatories, and it must do so. To the extent that Express Scripts relied on its pricing to other customers to determine that its pricing to Anthem was at market competitive levels (taking into account the 2009 transaction), it must provide that information to Anthem and identify the pricing data on which it is relying. If, however, Express Scripts did not rely on its pricing to other customers in reaching that conclusion, it need not provide that data but must disclose its basis for its contention and identify the supporting data on which it did rely. (Signed by Judge Edgardo Ramos on 8/23/2018) (jwh)
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Filing 142
STIPULATION AND ORDER SEALING CERTAIN CONFIDENTIAL AND HIGHLY CONFIDENTIAL DOCUMENTS: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for ESI and Anthem that: 1. Anthem and ESI are authorized to file letters under seal and to file a redacted copy on the public docket. (Signed by Judge Edgardo Ramos on 8/23/2018) (jwh)
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Filing 141
LETTER addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated August 23, 2018 re: Express Scripts, Inc.'s letter dated August 22, 2018 #137 . Document filed by Anthem, Inc..(Kurtz, Glenn)
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Filing 140
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Except for good cause shown, joinder of additional parties is no longer permitted. Motions due by 5/22/2019. Responses due by 6/25/2019 Replies due by 7/19/2019. Fact Deposition due by 11/30/2019. Expert Deposition due by 4/18/2019. Fact Discovery due by 11/30/2018. Discovery due by 4/18/2019. Case Management Conference set for 7/19/2019 at 11:30 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 8/22/2018) (jwh)
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Filing 139
PROPOSED STIPULATION AND ORDER. Document filed by Anthem, Inc.. (Kurtz, Glenn)
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Filing 138
LETTER MOTION to Seal Document addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated August 22, 2018. Document filed by Anthem, Inc.. (Attachments: #1 Joint Stipulation and [Proposed] Order Sealing Certain Confidential and Highly Confidential Documents)(Kurtz, Glenn)
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Filing 137
LETTER addressed to Judge Edgardo Ramos from Keith H. Forst dated August 22, 2018 re: Response to Anthem Inc.'s post-hearing letter (Dkt. 136). Document filed by Express Scripts, Inc..(Forst, Keith)
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Filing 136
LETTER addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated August 21, 2018 re: supplemental authority. Document filed by Anthem, Inc..(Kurtz, Glenn)
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Filing 135
LETTER addressed to Judge Edgardo Ramos from Andrew S. Corkhill dated August 21, 2018 re: Proposed Revised Civil Case Discovery Plan and Scheduling Order. Document filed by Express Scripts, Inc.. (Attachments: #1 [Proposed] Revised Civil Case Discovery Plan and Scheduling Order)(Corkhill, Andrew)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Discovery Hearing held on 8/21/2018. Plaintiff's counsel present. Defendant's counsel present. (jar)
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Filing 134
LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Andrew S. Corkhill dated July 31, 2018 re: #128 LETTER MOTION for Local Rule 37.2 Conference and pursuant to Section 2(A)(i) of this Court's Individual Practices addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated July 23, 2018. . Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit A-Filed Under Seal, #2 Exhibit B-Filed Under Seal, #3 Exhibit C-Filed Under Seal, #4 Exhibit D-Filed Under Seal, #5 Exhibit E-Filed Under Seal, #6 Exhibit F-Filed Under Seal, #7 Exhibit G-Filed Under Seal, #8 Exhibit H-Filed Under Seal, #9 Exhibit I-Filed Under Seal, #10 Exhibit J-Filed Under Seal, #11 Exhibit K-Filed Under Seal, #12 Exhibit L-Filed Under Seal, #13 Exhibit M-Filed Under Seal, #14 Exhibit N-Filed Under Seal, #15 Exhibit O-Filed Under Seal, #16 Exhibit P-Filed Under Seal, #17 Exhibit Q-Filed Under Seal, #18 Exhibit R-Filed Under Seal, #19 Exhibit S-Filed Under Seal, #20 Exhibit T-Filed Under Seal, #21 Exhibit U-Filed Under Seal, #22 Exhibit V-Filed Under Seal)(Corkhill, Andrew)
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Filing 133
STIPULATION AND ORDER SEALING RESPONSE, WITH EXHIBITS, TO PRE-MOTION LETTER:IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for ESI and Anthem that: 1. Express Scripts is authorized to file the Response (including exhibits) under seal and to file a redacted copy on the public docket. (Signed by Judge Edgardo Ramos on 7/31/2018) (jwh)
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Filing 132
LETTER MOTION for Leave to File under seal a letter with exhibits in response to the July 23, 2018 letter from Plaintiff Anthem. addressed to Judge Edgardo Ramos from Andrew S. Corkhill dated July 30, 2018. Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit A Stipulation and Proposed Order)(Corkhill, Andrew)
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Filing 131
ORDER granting #130 Letter Motion to Adjourn Conference: The application is granted. (Pre-Motion Conference set for 8/21/2018 at 11:00 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 7/26/2018) (jwh)
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Filing 130
JOINT LETTER MOTION to Adjourn Conference until August 21, 2018 at 11 a.m. addressed to Judge Edgardo Ramos from Andrew S. Corkhill dated July 25, 2018. Document filed by Express Scripts, Inc..(Corkhill, Andrew)
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Filing 129
ORDER granting #128 Letter Motion for Local Rule 37.2 Conference. The Court will hold a pre-motion conference on August 15, 2018 at 12:00 p.m. Defendant is directed to file its response, of no more than three pages, by July 31, 2018. Pre-Motion Conference set for 8/15/2018 at 12:00 PM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 7/24/2018) (mro)
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Filing 128
LETTER MOTION for Local Rule 37.2 Conference and pursuant to Section 2(A)(i) of this Court's Individual Practices addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated July 23, 2018. Document filed by Anthem, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5 (Filed Under Seal), #6 Exhibit 6 (Filed Under Seal), #7 Exhibit 7 (Filed Under Seal), #8 Exhibit 8 (Filed Under Seal), #9 Exhibit 9 (Filed Under Seal), #10 Exhibit 10 (Filed Under Seal), #11 Exhibit 11, #12 Exhibit 12)(Kurtz, Glenn)
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Filing 127
SEALED DOCUMENT placed in vault.(mhe)
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Filing 126
ORDER granting #125 Motion to Seal Document: The application is granted. (Signed by Judge Edgardo Ramos on 7/20/2018) (jwh)
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Filing 125
LETTER MOTION to Seal Document / Pre-Motion Letter addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated July 19, 2018. Document filed by Anthem, Inc.. (Attachments: #1 Stipulation and [Proposed] Order Sealing Pre-Motion Letter and Exhibits)(Kurtz, Glenn)
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Filing 124
MEMO ENDORSEMENT on re: (43 in 1:18-mc-00013-AKH) Letter filed by Express Scripts, Inc. ENDORSEMENT: So ordered. The case is dismissed without prejudice. The clerk shall mark the case as closed and tax costs as appropriate. (Signed by Judge Alvin K. Hellerstein on 4/19/2018) (ras)
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Filing 123
CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER FOR OPTUMRX, INC. regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Edgardo Ramos on 4/5/2018) (jwh)
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Filing 122
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial, pursuant to 28 U.S.C. 636(c). This case is to be tried to a jury. Except for good cause shown, joinder of additional parties is no longer permitted. The parties will complete fact depositions no later than August 31, 2018. Notwithstanding this deadline, the parties will endeavor to complete all fact depositions by July 31, 2018. Fact discovery shall be completed by August 31, 2018. Expert depositions shall be completed by January 18, 2019. ALL DISCOVERY SHALL BE COMPLETED BY JANUARY 18, 2019. Opening briefs by any party seeking summary judgment shall be served and filed no later than February 22, 2019. Opposition briefs shall be served and filed no later than March 25, 2019. Reply briefs shall be served and filed no later than April 19, 2019. The Magistrate Judge assigned to this case is the Hon. Debra Freeman. The next case management conference is scheduled for January 18, 2019, at 11:00 AM. Motions due by 2/22/2019. Responses due by 3/25/2019 Replies due by 4/19/2019. Deposition due by 1/18/2019. Fact Discovery due by 8/31/2018. Discovery due by 1/18/2019. Case Management Conference set for 1/18/2019 at 11:00 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 4/2/2018) (ras)
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Filing 121
LETTER addressed to Judge Edgardo Ramos from Andrew S. Corkhill dated March 30, 2018 re: Revised Civil Case Discovery Plan and Scheduling Order. Document filed by Express Scripts, Inc.. (Attachments: #1 Proposed Revised Civil Case Discovery Plan and Scheduling Order)(Corkhill, Andrew)
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Filing 120
CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER FOR CVS/CAREMARK regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Edgardo Ramos on 3/6/2018) (jwh)
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Filing 119
LETTER addressed to Judge Edgardo Ramos from Michael J. Lyle dated March 5, 2018 re: Withdrawing the February 28, 2018 Letter (ECF Docket No. 117). Document filed by Express Scripts, Inc..(Lyle, Michael)
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Filing 118
ORDER: with respect to #117 Letter Motion for Conference. Anthem and CVS should file a response of no longer than three pages by March 5, 2018. ESI is directed to provide a copy of this order to counsel for CVS. CVS may file its response by email to the Court at chambersnysdramos@nysd.uscourts.gov. It is SO ORDERED. Response due by 3/5/2018. (Signed by Judge Edgardo Ramos on 3/1/2018) (ap)
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Filing 117
LETTER MOTION for Conference addressed to Judge Edgardo Ramos from Michael J. Lyle dated February 28, 2018. Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit A Amended Order, #2 Exhibit B First Document Subpoena to CVS, #3 Exhibit C Second Document Subpoena to CVS, #4 Exhibit D Deposition Subpoena to CVS)(Lyle, Michael)
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Filing 116
LETTER addressed to Magistrate Judge Debra C. Freeman from Debra Kobrin Levy, Associate General Counsel, dated February 23, 2018, re: Former Law Clerk to the Honorable Debra C. Freeman. Document filed by Anthem, Inc..(Columbres, Claudine)
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Filing 115
NOTICE OF APPEARANCE by Robert E Tiedemann, III on behalf of Anthem, Inc.. (Tiedemann, Robert)
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Filing 114
NOTICE OF APPEARANCE by Claudine Columbres on behalf of Anthem, Inc.. (Columbres, Claudine)
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Filing 113
NOTICE OF CHANGE OF ADDRESS by Glenn Kurtz on behalf of Anthem, Inc.. New Address: White & Case LLP, 1221 Avenue of the Americas, New York, New York, 10020, (212) 819-8200. (Kurtz, Glenn)
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Filing 112
NOTICE OF CHANGE OF ADDRESS by Michael C. Loughran Potter on behalf of Express Scripts, Inc.. New Address: Quinn Emanuel Urquhart & Sullivan, LLP, 1300 I Street NW, Suite 900, Washington, District of Columbia, U.S.A. 20005, (202) 538-8100. (Potter, Michael)
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Filing 111
NOTICE OF CHANGE OF ADDRESS by Michael John Lyle on behalf of Express Scripts, Inc.. New Address: Quinn Emanuel Urquhart & Sullivan, LLP, 1300 I Street NW, Suite 900, Washington, District of Columbia, U.S.A. 20005, (202) 538-8100. (Lyle, Michael)
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Filing 110
NOTICE OF CHANGE OF ADDRESS by Keith H. Forst on behalf of Express Scripts, Inc.. New Address: Quinn Emanuel Urquhart & Sullivan, LLP, 1300 I Street NW, Suite 900, Washington, District of Columbia, U.S.A. 20005, (202) 538-8100. (Forst, Keith)
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Filing 109
NOTICE OF APPEARANCE by Ellison Sylvina Ward Merkel on behalf of Express Scripts, Inc.. (Ward Merkel, Ellison)
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Filing 108
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/13/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 107
TRANSCRIPT of Proceedings re: CONFERENCE held on 12/13/2017 before Judge Edgardo Ramos. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/29/2018. Redacted Transcript Deadline set for 2/8/2018. Release of Transcript Restriction set for 4/9/2018.(McGuirk, Kelly)
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Filing 106
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a confernece proceeding held on 12/13/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 105
TRANSCRIPT of Proceedings re: conference held on 12/13/2017 before Judge Edgardo Ramos. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/19/2018. Redacted Transcript Deadline set for 1/29/2018. Release of Transcript Restriction set for 3/29/2018.(McGuirk, Kelly)
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Filing 104
ORDER granting [146 in 16-CV-3399] Letter Motion for Conference: The parties may raise this issue at the status conference scheduled for December 13, 2017 at 2:30 p.m. Anthem may submit a written response of no longer than three pages by December 12, 2017. (Signed by Judge Edgardo Ramos on 12/11/2017) (jwh)
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Set/Reset Hearings: Status Conference set for 12/13/2017 at 02:30 PM before Judge Edgardo Ramos. (jwh)
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Filing 103
CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER FOR OPTUMRX, INC... regarding procedures to be followed that shall govern the handling of confidential material... So ordered. (Signed by Judge Edgardo Ramos on 11/28/2017) (rjm)
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Filing 102
STIPULATION AND ORDER REGARDING WRITTEN DISCOVERY DEADLINES: NOW THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for Plaintiffs and Defendants, that: 1. Interrogatories, Requests for Admission, and Requests for Production of Documents shall be served no later than February 28, 2018, and responses thereto are to be served within thirty (30) days thereafter. The provisions of Local Civil Rule 33.3 shall not apply to this case. 2. These dates are set without prejudice to the parties submitting a stipulation or any party submitting a motion to the Court to further extend any or all of these deadlines, or any other deadlines in this action or the Anthem-ESI Action. 3. This Stipulation may be executed in counterparts and by e-mail or facsimile transmission, each of which shall be deemed an original for purposes of this Stipulation. (Signed by Judge Edgardo Ramos on 11/22/2017) (jwh)
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Filing 101
ORDER granting [139 in 16-CV-3399] Letter Motion for Conference: The parties may raise this issue at the status conference currently scheduled for December 6, 2017 at 11:00 a.m. Defendants are directed to submit a written response, no longer than three pages, by November 30, 2017. (Responses due by 11/30/2017) (Signed by Judge Edgardo Ramos on 11/21/2017) (jwh)
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Filing 100
STIPULATION AND ORDER REGARDING DEPOSITION SCHEDULING AND DURATION: NOW THEREFORE IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for the Parties, that: 1. The Parties shall cooperate fully in scheduling depositions. 2. Before a Party notices a deposition of an adverse party, a present or former employee of an adverse party, or a person that is represented by counsel for an adverse party (all of whom are referred to herein as the "Adverse Party"), it shall notify counsel for the non-adverse party and make a good faith effort to meet and confer with the non-adverse party as to the scheduling of the deposition, the order of questioning at the deposition, and the length of time that they believe they will cumulatively need to take the deposition, and as further set forth in this order. (Signed by Judge Edgardo Ramos on 11/7/2017) (jwh)
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Filing 99
NOTICE OF APPEARANCE by Michael C. Loughran Potter on behalf of Express Scripts, Inc.. (Potter, Michael)
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Filing 98
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER granting #97 Letter Motion for Extension of Time to Complete Discovery: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Except for good cause shown, joinder of additional parties is no longer permitted. The parties will complete fact depositions no later than March 30, 2018. Fact discovery shall be completed by March 30, 2018. Expert depositions shall be completed by August 3, 2018. ALL DISCOVERY SHALL BE COMPLETED BY AUGUST 3, 2018. Summary judgment motions shall be filed as follows: a. Opening briefs by any party seeking summary judgment shall be served and filed no later than September 7, 2018. b. Opposition briefs shall be served and filed no later than October 19, 2018. c. Reply briefs shall be served and filed no later than November 16, 2018. The next case management conference is scheduled for August 7, 2018, at 10:30 A.M. The case management conference previously scheduled for April 3, 2018 is hereby adjourned. (Signed by Judge Edgardo Ramos on 10/3/2017) (jwh)
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Filing 97
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Edgardo Ramos from Andrew S. Corkhill dated October 3, 2017. Document filed by Express Scripts, Inc.. (Attachments: #1 (Proposed) Order)(Corkhill, Andrew)
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Set/Reset Hearings: Case Management Conference set for 8/7/2018 at 10:30 AM before Judge Edgardo Ramos. Set/Reset Deadlines: Deposition due by 8/3/2018. Discovery due by 8/3/2018. Fact Discovery due by 3/30/2018. Motions due by 9/7/2018. Responses due by 10/19/2018. Replies due by 11/16/2018. (jwh)
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***DELETED DOCUMENT. Deleted document number #98 NOTICE OF FILING OF OFFICIAL TRANSCRIPT. The document was incorrectly filed in this case. (rjm)
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***DELETED DOCUMENT. Deleted document number #97 Transcript. The document was incorrectly filed in this case. (rjm).
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Filing 96
SEALED DOCUMENT placed in vault.(mps)
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Filing 95
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/1/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 94
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/1/2017 before Judge Edgardo Ramos. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/5/2017. Redacted Transcript Deadline set for 9/15/2017. Release of Transcript Restriction set for 11/13/2017.(McGuirk, Kelly)
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Filing 93
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 08/01/2017 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Jackson, Jasmine)
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Filing 92
TRANSCRIPT of Proceedings re: Conference held on 8/1/2017 before Judge Edgardo Ramos. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/5/2017. Redacted Transcript Deadline set for 9/15/2017. Release of Transcript Restriction set for 11/13/2017.(Jackson, Jasmine)
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Filing 91
ORDER: On August 1, 2017, the Court held a discovery conference. For the reasons stated on the record, Defendant's letter motion regarding discovery disputes concerning requests for production numbers 5, 7, and 30, Doc. 77, is DENIED. With respect to request number 5, as indicated on the record, Plaintiff shall provide formal documentation outlining in greater detail Anthem's actual use of the proceeds from the sale of NextRx. (Signed by Judge Edgardo Ramos on 8/1/2017) (mro)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Discovery Hearing held on 8/1/2017. Plaintiff's counsel present. Defendant's counsel present. (Court Reporter Carol Ganley) (jar)
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Filing 90
LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated July 25, 2017 re: #77 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Edgardo Ramos from Michael J. Lyle dated July 14, 2017. . Document filed by Anthem, Inc.. (Attachments: #1 Exhibit 1)(Kurtz, Glenn)
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Filing 89
STIPULATION AND ORDER SEALING RESPONSE TO PRE-MOTION LETTER: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for ESI and Anthem that: Anthem is authorized to file the Response to Pre-Motion Letter under seal, and to file a redacted copy on the public docket. (Signed by Judge Edgardo Ramos on 7/25/2017) (mro)
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Filing 88
LETTER MOTION to Seal Document / Letter Motion to seal Response to Pre-Motion Letter addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated July 24, 2017. Document filed by Anthem, Inc.. (Attachments: #1 Exhibit A - Stipulation and [Proposed] Order Sealing Response to Pre-Motion Letter)(Kurtz, Glenn)
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Filing 87
ORDER granting #80 Letter Motion to Adjourn Conference. Pre-Motion Conference is rescheduled for August 1, 2017 at 02:30 PM before Judge Edgardo Ramos. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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Filing 86
ORDER granting #83 Motion for Lucile H. Cohen to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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Filing 85
ORDER granting #82 Motion for John D. Martin to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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Filing 84
ORDER granting #81 Motion for James T. Irvin, III to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #82 MOTION for John D. Martin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13930285. Motion and supporting papers to be reviewed by Clerk's Office staff., #81 MOTION for James T. Irvin, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13929012. Motion and supporting papers to be reviewed by Clerk's Office staff., #83 MOTION for Lucile H. Cohen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13930335. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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Filing 83
MOTION for Lucile H. Cohen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13930335. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthem, Inc.. (Attachments: #1 Affidavit of Lucile H. Cohen in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Cohen, Lucile)
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Filing 82
MOTION for John D. Martin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13930285. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthem, Inc.. (Attachments: #1 Affidavit of John D. Martin in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Martin, John)
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Filing 81
MOTION for James T. Irvin, III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13929012. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Anthem, Inc.. (Attachments: #1 Affidavit of James T. Irvin, III in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Irvin, James)
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Filing 80
LETTER MOTION to Adjourn Conference /pre-motion conference to August 1, 2017, addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated July 21, 2017. Document filed by Anthem, Inc..(Kurtz, Glenn)
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Filing 79
ORDER granting #77 Letter Motion for Local Rule 37.2 Conference. A pre-motion conference will be held on August 3, 2017 at 10:00 am. Plaintiff is directed to submit a written response not longer than 3 pages by 5:00 pm on Thursday, July 27, 2017. (Pre-Motion Conference set for 8/3/2017 at 10:00 AM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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Filing 78
SEALED DOCUMENT placed in vault.(rz)
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Filing 77
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Edgardo Ramos from Michael J. Lyle dated July 14, 2017. Document filed by Express Scripts, Inc..(Corkhill, Andrew)
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Filing 76
ORDER granting #71 Motion for Keith H. Frost to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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Filing 75
STIPULATION AND ORDER SEALING PRE-MOTION LETTER AND EXHIBITS: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for ESI and Anthem that: 1.ESI is authorized to file the Pre-Motion Letter under seal, and to file a redacted copy on the public docket. The Clerk of the Court is respectfully directed to terminate the motion, doc. 74.Motions terminated: #74 LETTER MOTION to Seal Document addressed to Judge Edgardo Ramos from Andrew S. Corkhill dated July 12, 2017. filed by Express Scripts, Inc. (Signed by Judge Edgardo Ramos on 7/13/2017) (rj)
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Filing 74
LETTER MOTION to Seal Document addressed to Judge Edgardo Ramos from Andrew S. Corkhill dated July 12, 2017. Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit A Stipulation and Proposed Order)(Corkhill, Andrew)
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Filing 73
CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER FOR CVS/CAREMARK regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Edgardo Ramos on 7/6/2017) (jwh)
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Filing 72
REVISED CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. Except for good cause, joinder of additional parties is no longer permitted. Motions due by 5/23/2018. Responses due by 7/9/2018 Replies due by 8/10/2018. Fact Deposition due by 11/30/2017. Expert Deposition due by 4/2/2018. Fact Discovery due by 11/30/2017. Discovery due by 4/2/2018. Case Management Conference set for 4/3/2018 at 11:00 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 6/2/2017) (jwh)
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Filing 71
MOTION for Keith H. Forst to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13731176. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Express Scripts, Inc.. (Attachments: #1 Affidavit of Keith H. Forst in Support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing May 31, 2017, #3 Proposed Order)(Forst, Keith)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #71 MOTION for Keith H. Forst to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13731176. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)
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***DELETED DOCUMENT. Deleted Docket Annotation. The annotation was incorrectly filed in this case. (jar)
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Filing 70
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/26/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 69
TRANSCRIPT of Proceedings re: CONFERENCE held on 4/26/2017 before Judge Edgardo Ramos. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/10/2017.(McGuirk, Kelly)
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Filing 68
ORDER granting #52 Motion to Seal Document; re: #50 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated April 4, 2017: On April 26, 2017, the Court held a discovery conference. For the reasons stated on the record, Plaintiff's letter motion regarding discovery disputes, Doc. 50, is GRANTED in part and DENIED in part. Plaintiff's requests for discovery related to Defendant's other customers, including their pricing information and profitability margins, is DENIED. Plaintiff's request for discovery concerning Defendant's competition with Plaintiff is DEFERRED pending a meet-and-confer and further discussions between the parties. Plaintiff's request for post-complaint discovery is GRANTED. Defendant's motion to seal its letter seeking a pre-motion conference, exhibits, and to file redacted versions of the documents on the public docket, Doc. 52, is GRANTED. The Clerk of the Court is respectfully directed to terminate the motion, Doc. 52. (Signed by Judge Edgardo Ramos on 5/1/2017) (jwh)
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Filing 67
LETTER addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated April 26, 2017 re: in response to defendant ESI's letter (docket no. 66). Document filed by Anthem, Inc..(Kurtz, Glenn)
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Filing 66
LETTER addressed to Judge Edgardo Ramos from Michael B. Carlinsky dated April 25, 2017 re: to update the Court on the status and pace of discovery. Document filed by Express Scripts, Inc..(Carlinsky, Michael)
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***DELETED DOCUMENT. Deleted document number #66 LETTER MOTION. The document was incorrectly filed in this case. (ldi)
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Filing 65
ORDER granting #64 Letter Motion to Adjourn Conference. Discovery Hearing set for 4/26/2017 at 04:00 PM before Judge Edgardo Ramos. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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Filing 64
LETTER MOTION to Adjourn Conference regarding discovery addressed to Judge Edgardo Ramos from Michael B. Carlinsky dated April 18, 2017. Document filed by Express Scripts, Inc..(Carlinsky, Michael)
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Filing 63
LETTER addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated April 14, 2017 re: Defendant Express Scripts, Inc.'s April 4, 2017 letter (i) for a protective order allowing it to conceal critical evidence concerning pricing and other core issues in the case, and (ii) to compel Anthem to produce certain documents. Document filed by Anthem, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Kurtz, Glenn)
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Filing 62
LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Michael B. Carlinsky dated April 14, 2017 re: #50 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated April 4, 2017. . Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit A)(Carlinsky, Michael)
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Filing 61
ANSWER to #33 Counterclaim. Document filed by Anthem, Inc..(Kurtz, Glenn)
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Filing 60
RESCHEDULING NOTICE: The discovery conference scheduled for April 27, 2017, is hereby rescheduled until April 25, 2017, at 11:00 am in Courtroom 110 before the Hon. Edgardo Ramos, at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007. (Discovery Hearing set for 4/25/2017 at 11:00 AM before Judge Edgardo Ramos.) (jwh)
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Filing 59
ORDER granting #57 Letter Motion for Extension of Time to File Each Party's Response to Pre-Motion Letters (ECF Nos. 50, 52). Responses to the pre-motion letters are now due April 14, 2017. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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Filing 58
STIPULATION AND ORDER EXTENDING TIME FOR PLAINTIFF TO RESPOND TO DEFENDANT'S AMENDED COUNTERCLAIMS: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for Anthem and ESI, that: 1. The deadline for Anthem to file and serve an Answer to the Amended Counterclaims, shall be extended by 7 days, up to and including April 14, 2017. 2. This Stipulation may he executed in counterparts and by e-mail or facsimile transmission, each of which shall be deemed an original for purposes or this Stipulation. (Anthem, Inc. answer due 4/14/2017.) (Signed by Judge Edgardo Ramos on 4/7/2017) (jwh)
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Filing 57
LETTER MOTION for Extension of Time to File Each Party's Response to Pre-Motion Letters (ECF Nos. 50, 52) addressed to Judge Edgardo Ramos from Michael B. Carlinsky dated April 7, 2017. Document filed by Express Scripts, Inc..(Carlinsky, Michael)
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Filing 56
AMENDED MEMO ENDORSEMENT on re: #52 MOTION to Seal Document re: Letter Seeking a Pre-Motion Conference, and Exhibits, and to File Redacted Versions on the Public Docket filed by Express Scripts, Inc. AMENDED ENDORSEMENT: TO SUPERSEDE MEMO ENDORSEMENT, DOC. #54 : A discovery conference pursuant to Local Civil Rule 37.2 will be held on April 27, 2017 at 10:30 AM. Any response to this letter shall be filed by April 11, 2017. Any response to the motion to seal, Doc. 52, shall be filed by April 14, 2017. Any reply shall be filed by April 21, 2017. (Signed by Judge Edgardo Ramos on 4/6/2017) (jwh)
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Filing 55
ORDER granting #50 Letter Motion for Local Rule 37.2 Conference: A discovery conference pursuant to Local Civil Rule 37.2 will be held on April 27, 2017 at 10:30 AM. Any response to this letter shall be filed by April 11, 2017. The Clerk of the Court is respectfully directed to terminate the motion. (Discovery Hearing set for 4/27/2017 at 10:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 4/6/2017) (jwh)
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Filing 54
MEMO ENDORSEMENT on re: #52 MOTION to Seal Document re: Letter Seeking a Pre-Motion Conference, and Exhibits, and to File Redacted Versions on the Public Docket filed by Express Scripts, Inc. ENDORSEMENT: A discovery conference pursuant to Local Civil Rule 37.2 will be held on April 27, 2017 at 10:30 AM. Any response to this letter shall be filed by April 14, 2017. Any response to the motion to seal, Doc. 52, shall be filed by April 14, 2017. Any reply shall be filed by April 21, 2017. (Discovery Hearing set for 4/27/2017 at 10:30 AM before Judge Edgardo Ramos.) (Set Deadlines/Hearing as to #52 MOTION to Seal Document: Responses due by 4/14/2017, Replies due by 4/21/2017.) (Signed by Judge Edgardo Ramos on 4/6/2017) (jwh)
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Filing 53
MEMO ENDORSEMENT: on re: MOTION AND ORDER FOR WITHDRAWAL OF APPEARANCE BY ROBERT TRISOTTO: granting #51 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED The Clerk of the Court is respectfully directed to remove Mr. Trisotto as counsel of record. Attorney Robert Steven Trisotto terminated. (Signed by Judge Edgardo Ramos on 4/5/2017) (ap)
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Filing 52
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Seal Document re: Letter Seeking a Pre-Motion Conference, and Exhibits, and to File Redacted Versions on the Public Docket. Document filed by Express Scripts, Inc.. (Attachments: #1 Memorandum of Law, #2 Corkhill Declaration, #3 Ex. 1, #4 Ex. 2)(Corkhill, Andrew) Modified on 5/19/2017 (ldi).
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Filing 51
MOTION for Robert Trisotto to Withdraw as Attorney for Defendant Express Scripts, Inc.,. Document filed by Express Scripts, Inc..(Corkhill, Andrew)
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Filing 50
LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated April 4, 2017. Document filed by Anthem, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kurtz, Glenn)
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Filing 49
OPINION AND ORDER re: #39 MOTION to Dismiss filed by Anthem, Inc. For the reasons set forth above, Plaintiff's Motion to Dismiss Counterclaims II and VI is GRANTED with prejudice. The Clerk of the Court is respectfully directed to terminate the Motion, Doc. 39. (As further set forth in this Opinion and Order.) (Signed by Judge Edgardo Ramos on 3/23/2017) (mro)
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Filing 48
CONFIDENTIALITY AGREEMENT AND STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Edgardo Ramos on 12/8/2016) (cla)
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Filing 47
NOTICE OF CHANGE OF ADDRESS by Jacob J Waldman on behalf of Express Scripts, Inc.. New Address: Quinn Emanuel Urquhart & Sullivan, LLP, 51 Madison Avenue, 22nd Floor, New York, NY, USA 10010, 212-849-7000. (Waldman, Jacob)
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Filing 46
REPLY MEMORANDUM OF LAW in Support re: #39 MOTION to Dismiss . . Document filed by Anthem, Inc.. (Kurtz, Glenn)
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Filing 45
LETTER addressed to Judge Edgardo Ramos from Michael B. Carlinsky dated August 5, 2016 re: Oral Argument on Anthem's Motion to Dismiss. Document filed by Express Scripts, Inc..(Carlinsky, Michael)
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Filing 44
MEMORANDUM OF LAW in Opposition re: #39 MOTION to Dismiss . . Document filed by Express Scripts, Inc.. (Carlinsky, Michael)
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Filing 43
SEALED DOCUMENT placed in vault.(mps)
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Filing 42
LETTER addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated July 8, 2016 re: Request for Oral Argument on Anthem's Motion to Dismiss. Document filed by Anthem, Inc..(Kurtz, Glenn)
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Filing 41
DECLARATION of Glenn M. Kurtz in Support re: #39 MOTION to Dismiss .. Document filed by Anthem, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Kurtz, Glenn)
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Filing 40
MEMORANDUM OF LAW in Support re: #39 MOTION to Dismiss . . Document filed by Anthem, Inc.. (Kurtz, Glenn)
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Filing 39
MOTION to Dismiss . Document filed by Anthem, Inc.. Responses due by 8/5/2016(Kurtz, Glenn)
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Filing 38
STIPULATION AND ORDER SEALING EXHIBIT TO THE DECLARATION OF GLENN M. KURTZ IN SUPPORT OF ANTHEM'S MOTION TO DISMISS: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for Anthem and ESI, that: Anthem is authorized to file a true and correct copy of the PBM Agreement as a sealed exhibit to the Kurtz Declaration. SO ORDERED. Motions terminated: #37 LETTER MOTION to Seal Document addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated July 7, 2016. (Signed by Judge Edgardo Ramos on 7/7/2016) (kko)
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Filing 37
LETTER MOTION to Seal Document addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated July 7, 2016. Document filed by Anthem, Inc.. (Attachments: #1 Exhibit Stipulation and Proposed Order Sealing Exhibit to the Declaration of Glenn M. Kurtz)(Kurtz, Glenn)
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Transmission to Sealed Records Clerk. Transmitted re: #38 Stipulation and Order, Terminate Motions to the Sealed Records Clerk for the sealing or unsealing of document or case. (kko)
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Filing 36
ORDER FOR ADMISSION PRO HAC VICE granting #22 Motion for Michael J. Lyle to Appear Pro Hac Vice. (Signed by Judge Edgardo Ramos on 6/28/2016) (tn)
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Filing 35
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 6/3/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 34
TRANSCRIPT of Proceedings re: conference held on 6/3/2016 before Judge Edgardo Ramos. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/11/2016. Redacted Transcript Deadline set for 7/21/2016. Release of Transcript Restriction set for 9/19/2016.(McGuirk, Kelly)
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Filing 33
AMENDED ANSWER to #18 Answer to Complaint, Counterclaim with JURY DEMAND., COUNTERCLAIM against Anthem, Inc.. Document filed by Express Scripts, Inc.. (Corkhill, Andrew)
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Filing 32
STIPULATION AND SCHEDULING ORDER FOR MOTION TO DISMISS: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for Anthem and ESI, that: 1. ESI must file its Amended Answer and Counterclaims, if any, no later than June 13, 2016. 2. Anthem must file its Motion to Dismiss the Amended Answer and Counterclaims, if any, no later than July 8, 2016. 3. ESI must file its Opposition to the Motion to Dismiss no later than August 5, 2016. 4. Anthem must file its Reply no later than August 19, 2016. SO ORDERED. Express Scripts, Inc. answer due 6/13/2016. (Motions due by 7/8/2016. Responses due by 8/5/2016, Replies due by 8/19/2016.) (Signed by Judge Edgardo Ramos on 6/13/2016) (kko)
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Minute Entry for proceedings held before Judge Edgardo Ramos: Pre-Motion Conference held on 6/3/2016. Plaintiff's counsel present. Defendant's counsel present. Parties are directed to confer and submit to the Court by Friday, June 10, 2016, a proposed briefing schedule for Plaintiff's motion to dismiss and to report to the Court whether Defendant intends to amend its counterclaims. (Court Reporter Karen Gorlaski) (jar)
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Filing 31
LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Michael B. Carlinsky dated May 27, 2016 re: #25 LETTER MOTION for Conference for Anthem's Anticipated Motion to Dismiss Counts Two and Six of ESI's Counterclaims, addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated May 13, 2016. . Document filed by Express Scripts, Inc.. (Carlinsky, Michael)
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Set/Reset Hearings: Case Management Conference set for 12/6/2017 at 11:00 AM before Judge Edgardo Ramos. (jar)
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Filing 30
CIVIL CASE DISCOVERY PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is to be tried to a jury. The Magistrate Judge assigned to this case is the Hon. Debra Freeman. Expert Deposition due by 12/1/2017. Fact Discovery due by 6/30/2017. All Discovery due by 12/1/2017. Case Management Conference set for 12/6/2017 at 11:00 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 5/24/2016) (kko) (Main Document 30 replaced on 5/25/2016) (jar). Modified on 5/25/2016 (jar). (Main Document 30 replaced on 5/25/2016) (jar).
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Filing 29
JOINT LETTER addressed to Judge Edgardo Ramos from White & Case LLP and Quinn Emanuel Urquhart & Sullivan, LLP re: Proposed Joint Civil Case Discovery Plan and Scheduling Order. Document filed by Anthem, Inc.. (Attachments: #1 Proposed Civil Case Discovery Plan and Scheduling Order)(Kurtz, Glenn)
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Filing 28
ORDER granting #25 Letter Motion for Conference. A pre-motion conference will be held on June 3, 2016, at 10:30 am. Defendant/Counter Claimant is directed to submit a written response not longer than 3 pages by 5:00 pm on Friday, May 27, 2016. (Pre-Motion Conference set for 6/3/2016 at 10:30 AM before Judge Edgardo Ramos.) (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo)
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Filing 27
NOTICE OF APPEARANCE by Christopher G. Kelly on behalf of Express Scripts, Inc.. (Kelly, Christopher)
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Filing 26
STIPULATION AND ORDER SEALING PRE-MOTION CONFERENCE LETTER: IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for Anthem and ESI, that: Anthem is authorized to file its Pre-Motion Conference Letter under seal and to file a redacted copy of the letter-that redacts portions of the letter containing Confidential Terms-publicly via ECF. SO ORDERED. Motions terminated: #24 LETTER MOTION to Seal Document addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated May 12, 2016. (Signed by Judge Edgardo Ramos on 5/13/2016) (kko)
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Filing 25
LETTER MOTION for Conference for Anthem's Anticipated Motion to Dismiss Counts Two and Six of ESI's Counterclaims, addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated May 13, 2016. Document filed by Anthem, Inc..(Kurtz, Glenn)
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Transmission to Sealed Records Clerk. Transmitted re: #26 Stipulation and Order, Terminate Motions to the Sealed Records Clerk for the sealing or unsealing of document or case. (kko)
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Filing 24
LETTER MOTION to Seal Document addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated May 12, 2016. Document filed by Anthem, Inc.. (Attachments: #1 Exhibit 1- Proposed Stipulation and Order)(Kurtz, Glenn)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Michael J. Lyle to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sdi)
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Filing 23
LETTER addressed to Judge Edgardo Ramos from Glenn M. Kurtz dated May 10, 2016 re: Statement of Relatedness in Case No. 16 Civ. 3399. Document filed by Anthem, Inc..(Kurtz, Glenn)
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Filing 22
MOTION for Michael J. Lyle to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Express Scripts, Inc.. (Attachments: #1 Certficate of Good Standing Illinois, #2 Certificate of Good Standing District of Columbia Court of Appeals, #3 Proposed Order)(Lyle, Michael)
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Filing 21
NOTICE OF CHANGE OF ADDRESS by Christopher Chad Johnson on behalf of Express Scripts, Inc.. New Address: Quinn Emanuel Urquhart & Sullivan, LLP, 51 Madison Avenue, New York, New York, United States 10010, 212.849.7000. (Johnson, Christopher)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 MOTION for Michael J. Lyle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12279209. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Illinois;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sdi)
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Filing 20
LETTER addressed to Judge Edgardo Ramos from Michael B. Carlinsky dated May 9, 2016 re: Contesting Statement of Relatedness in Case No. 16 Civ. 3399. Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit A)(Carlinsky, Michael)
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Filing 19
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Michael J. Lyle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12279209. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Express Scripts, Inc.. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)(Lyle, Michael) Modified on 5/10/2016 (sdi).
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Filing 18
ANSWER to #3 Complaint with JURY DEMAND., COUNTERCLAIM against Anthem, Inc.. Document filed by Express Scripts, Inc..(Corkhill, Andrew)
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Filing 17
SEALED DOCUMENT placed in vault.(rz)
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Filing 16
NOTICE OF APPEARANCE by Michael John Lyle on behalf of Express Scripts, Inc.. (Lyle, Michael)
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Filing 15
NOTICE OF APPEARANCE by Jacob J Waldman on behalf of Express Scripts, Inc.. (Waldman, Jacob)
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Filing 14
STIPULATION AND ORDER SEALING ANSWER: ESI is authorized to file its Answer under seal and to file a redacted copy of the Answer--that redacts portions of the Answer containing Confidential Terms--publicly via ECF. Motions terminated: #13 LETTER MOTION to Seal Document addressed to Judge Edgardo Ramos from Michael B. Carlinsky dated April 18, 2016, filed by Express Scripts, Inc. (Signed by Judge Edgardo Ramos on 4/18/2016) (tro)
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Filing 13
LETTER MOTION to Seal Document addressed to Judge Edgardo Ramos from Michael B. Carlinsky dated April 18, 2016. Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit Stipulation and Proposed Order Sealing Answer)(Carlinsky, Michael)
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Filing 12
STIPULATION AND ORDER EXTENDING TIME FOR DEFENDANT TO RESPOND TO PLAINTIFF'S COMPLAINT. IT IS HEREBY STIPULATED AND AGREED, by and among the undersigned counsel for Anthem and Express Scripts, that: 1. The deadline for Express Scripts to file and serve a response to the Complaint, whether by answer or motion, shall be extended by 15 days, up to and including April 26, 2016. 2. This Stipulation may be executed in counterparts and by e-mail or facsimile transmission, each of which shall be deemed an original for purposes of this Stipulation. Express Scripts, Inc. answer due 4/26/2016. Motions terminated: #11 LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Edgardo Ramos from Michael B. Carlinsky dated April 6, 2016 filed by Express Scripts, Inc. (Signed by Judge Edgardo Ramos on 4/7/2016) (rjm)
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Set/Reset Deadlines: Motions due by 4/26/2016. (rjm)
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Filing 11
LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Edgardo Ramos from Michael B. Carlinsky dated April 6, 2016. Document filed by Express Scripts, Inc.. (Attachments: #1 Exhibit Stipulation and Proposed Order to Extend Time to Respond to Complaint)(Carlinsky, Michael)
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Filing 10
NOTICE OF APPEARANCE by Robert Steven Trisotto on behalf of Express Scripts, Inc.. (Trisotto, Robert)
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Filing 9
NOTICE OF APPEARANCE by Andrew Stuart Corkhill on behalf of Express Scripts, Inc.. (Corkhill, Andrew)
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Filing 8
NOTICE OF APPEARANCE by Michael Barry Carlinsky on behalf of Express Scripts, Inc.. (Carlinsky, Michael)
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Filing 7
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Express Scripts Holding Company for Express Scripts, Inc.. Document filed by Express Scripts, Inc..(Carlinsky, Michael)
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Filing 6
AFFIDAVIT OF SERVICE of Civil Cover Sheet #1 , Summons in a Civil Action, Confidential Unredacted Complaint #3 , Rule 7.1 Corporate Disclosure Statement, Order Sealing Complaint #5 , Individual Practices of Judge Edgardo Ramos and Electronic Case Filing Rules and Instructions served on Express Scripts, Inc. on March 21, 2016. Service was accepted by Shelly Lewis, Office Manager (CSC). Document filed by Anthem, Inc.. (Kurtz, Glenn)
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Filing 5
ORDER SEALING COMPLAINT. This matter having come before the Court on Application of Plaintiff Anthem, Inc., for an order sealing the Complaint in this action (the "Application"); and The Court, having considered Plaintiff's Application to Seal the Complaint; and after due deliberation and sufficient cause appearing, IT IS HEREBY ORDERED that the Application is GRANTED; and it is further ORDERED that Plaintiff Anthem is authorized to file the Complaint under seal and file a redacted copy of the Complaint publicly via ECF. The Court grants the requested relief provisionally to allow Plaintiff to file the unredacted complaint under seal. This ruling may be reevaluated and modified by the assigned judge. The Court makes no finding regarding the confidentiality of the redacted elements of the complaint. So ordered. (Signed by Judge Gregory H. Woods in Part I on 3/21/2016) (rjm).
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Transmission to Sealed Records Clerk. Transmitted re: #5 Order to the Sealed Records Clerk for the sealing or unsealing of document or case. (rjm)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Anthem, Inc..(Kurtz, Glenn)
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Filing 3
COMPLAINT against Express Scripts, Inc.. Document filed by Anthem, Inc.. (Attachments: #1 Exhibit 1 - (Redacted))(Kurtz, Glenn)
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Filing 2
SEALED DOCUMENT placed in vault.(mps)
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Filing 1
CIVIL COVER SHEET filed. (moh) (moh).
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Case Designated ECF. (moh)
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SUMMONS ISSUED as to Express Scripts, Inc.. (moh)
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Magistrate Judge Debra C. Freeman is so designated. (moh)
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