Melbourne Municipal Firefighters' Pension Trust Fund v. Express Scripts Holding Company et al
| Melbourne Municipal Firefighters' Pension Trust Fund |
| Express Scripts Holding Company, George Paz, Timothy Wentworth, Eric Slusser, David Queller and James M. Havel |
| 1:2016cv03338 |
| May 4, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Kimba M. Wood |
| Securities/Commodities/Exchanges |
| 15 U.S.C. ยง 78 |
| Plaintiff |
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Filing
114
OPINION AND ORDER re: 107 MOTION to Dismiss The Second Amended Class Action Complaint: For the reasons set forth above, Defendants' motion to dismiss with prejudice is GRANTED. The Clerk of the Court is respectfully directed to terminate the motion, Doc. 107, and close the case. (Signed by Judge Edgardo Ramos on 5/21/2018) (jwh)
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Filing
93
MEMORANDUM AND OPINION re: 72 MOTION to Dismiss The Amended Class Action Complaint: This consolidated putative class action arises out of the breakdown of the business relationship between Express Scripts Holding Company ("Express Scripts"), a provider of pharmacy benefit services, and Anthem, Inc. ("Anthem"), its largest customer. Lead Plaintiff, Teachers Insurance and Annuity Association of America ("TIAA"), an Express Scripts shareholder, asserts c auses of action individually and on behalf of others similarly situated for violations of Section 10(b) of the Exchange Act (and Rule 10b5 promulgated thereunder) and violations of Section 20(a) of the Exchange Act. Plaintiff generally alleges that E xpress Scripts made false and misleading statements in its public filings and comments regarding the state of its relationship with Anthem. Defendants Express Scripts, George Paz, Timothy Wentworth, Eric Slusser, David Queller, and James M. Havel (th e "Individual Defendants," and with Express Scripts, "Defendants") bring this motion to dismiss the Amended Class Action Complaint (the "CAC") for failure to state a claim. For the reasons set forth above, Defendants 9; motion to dismiss is GRANTED. Plaintiff is granted leave to amend the pleading by August 30, 2017. The Clerk of Court is respectfully directed to terminate the Motion, Doc. 72, and Defendants' request for oral argument, Doc. 84. (Amended Pleadings due by 8/30/2017.) (Signed by Judge Edgardo Ramos on 7/31/2017) (jwh)
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