Catholdi-Jankowski v. CVS Health Corporation et al
| Marysusan Catholdi-Jankowski |
| CVS Health Corporation and CVS Pharmacy, Inc. |
| 6:2022cv06227 |
| May 18, 2022 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.
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Filing 32
REPLY/RESPONSE to re #24 MOTION to Amend/Correct the Complaint filed by CVS Pharmacy, Inc.. (McGuirk, Richard)
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Filing 31
TEXT ORDER granting in part #29 Letter Motion for Leave to File Surreply. In light of Plaintiff's non-compliance with Local Rule of Civil Procedure 7(a)(1), Defendant is permitted to file a surreply to Plaintiff's reply on or before May 4, 2023. Although the Court will not strike Plaintiff's reply (Dkt. 28), Plaintiff is cautioned that further noncompliance with the Court's Local Rules may result in appropriate relief. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 04/26/2023. (DJP)
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Filing 30
RESPONSE to Motion re #29 MOTION for Leave to File Sur-Reply (Letter Motion) (Letter Response) filed by Marysusan Catholdi-Jankowski. (Coelho, Thiago)
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Filing 29
MOTION for Leave to File Sur-Reply (Letter Motion) by CVS Pharmacy, Inc..(McGuirk, Richard)
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Filing 28
REPLY to Response to Motion re #24 MOTION to Amend/Correct the Complaint Reply in Support of Plaintiff's Motion for Leave to File Amended Complaint filed by Marysusan Catholdi-Jankowski. (Attachments: #1 Declaration of Thiago M. Coelho, #2 Exhibit 1, #3 Exhibit 2)(Coelho, Thiago)
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Filing 27
MEMORANDUM in Opposition re #24 MOTION to Amend/Correct the Complaint filed by CVS Pharmacy, Inc.. (McGuirk, Richard)
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Filing 26
NOTICE by Marysusan Catholdi-Jankowski re 25 Text Order,, #24 MOTION to Amend/Correct the Complaint (Attachments: #1 Exhibit Redlined Amended Complaint (proposed))(Coelho, Thiago)
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Filing 25
TEXT ORDER re #24 Motion to Amend. Plaintiff is ordered to submit a proposed amended complaint that contains markings reflecting her proposed amendments in compliance with Local Rule of Civil Procedure 15(b) on or before March 28, 2023. Responses to Plaintiff's Motion to Amend #24 are due on or before April 18, 2023. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 03/22/2023. (DJP)
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Filing 24
MOTION to Amend/Correct the Complaint by Marysusan Catholdi-Jankowski. (Attachments: #1 Memorandum in Support, #2 Declaration of Thiago M. Coehlo, #3 Exhibit 1 (Amended Complaint), #4 Text of Proposed Order)(Schlanger, Daniel)
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Filing 23
DECISION AND ORDER granting #7 Motion to Dismiss; granting #8 Motion to Dismiss; conditionally granting Plaintiff's request for leave to file an amended complaint as to her non-unjust enrichment claims against CVS Pharmacy, Inc. The Clerk of Court is direct to terminate CVS Health Corporation as a defendant. Signed by Hon. Elizabeth A. Wolford on 02/16/2023. (CDH)
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Filing 22
Minute Entry for proceedings held before Hon. Elizabeth A. Wolford: Appearances by video: Thiago M. Coelho, Esq. on behalf of plaintiff; Richard A. McGuirk, Esq. and Anthony G. Hopp, Esq. on behalf of defendants. Oral Argument re #7 Motion to Dismiss by CVS Health Corporation and #8 Motion to Dismiss by CVS Pharmacy, Inc. held on 2/13/2023 via ZoomGov. Court reserves decision. (Court Reporter Karen Clark.) (DPS)
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Filing 21
NOTICE by Marysusan Catholdi-Jankowski re #16 Response in Opposition to Motion, Supplemental Authority (Attachments: #1 Exhibit Ex. 1 - 9th Circuit (unpublished) order re Moreno)(Coelho, Thiago)
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Filing 20
TEXT ORDER. Oral argument as to #7 Motion to Dismiss by CVS Health Corporation and #8 Motion to Dismiss by CVS Pharmacy, Inc. is scheduled for February 13, 2023, at 10:00 a.m. Oral argument will be held remotely via Zoom for Government. Instructions for accessing the proceeding will be sent to counsel in advance. This is a public proceeding. Any member of the public who wishes to attend should contact the undersigned's Chambers at wolford@nywd.uscourts.gov or 585-613-4320 for instructions. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 01/10/2023. (CDH)
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Filing 19
RESPONSE in Support re #8 MOTION to Dismiss Plaintiff's Complaint filed by CVS Pharmacy, Inc.. (McGuirk, Richard)
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Filing 18
TEXT ORDER granting Defendants' email request to file additional pages received in Chambers on July 12, 2022, notwithstanding opposition from counsel for Plaintiff. Defendant CVS Pharmacy, Inc. is permitted to file a reply brief not to exceed 16 pages. The Court admonishes counsel for Plaintiff for refusing to consent to this fairly limited enlargement and requiring the Court to expend judicial resources to resolve an issue that should have been resolved by consent. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 07/12/2022. (DJP)
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Filing 17
CONTINUATION OF EXHIBITS by Marysusan Catholdi-Jankowski. to #16 Response in Opposition to Motion, Plaintiff's Request for Judicial Notice of Exhibits 1-2 filed by Marysusan Catholdi-Jankowski. (Attachments: #1 Text of Proposed Order (Proposed) Order Taking Judicial Notice of Exhibits 1 & 2 to Plaintiff's Opposition to Motion to Dismiss, #2 Exhibit 1 to Request for Judicial Notice, #3 Exhibit 2 to Request for Judicial Notice) (Coelho, Thiago)
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Filing 16
RESPONSE in Opposition re #8 MOTION to Dismiss filed by Marysusan Catholdi-Jankowski. (Attachments: #1 Declaration of Thiago M. Coelho in support of Plaintiff's Opposition to Defendant CVS Pharmacy, Inc.'s Motion to Dismiss, #2 Exhibit 1 to Coelho Decl., #3 Exhibit 2 to Coelho Decl.) (Coelho, Thiago)
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Filing 15
TEXT ORDER granting #14 Motion for Pro Hac Vice by Anthony G. Hopp. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/29/2022. (DJP)-CLERK TO FOLLOW UP-
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Filing 14
MOTION to appear pro hac vice for Anthony G. Hopp ( Filing fee $ 200 receipt number ANYWDC-4613913.) by CVS Health Corporation, CVS Pharmacy, Inc.. (Attachments: #1 Supporting Documents)(McGuirk, Richard)
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Filing 13
TEXT ORDER granting #11 Amended Motion for Pro Hac Vice by Thiago M. Coelho. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/24/2022. (DJP)-CLERK TO FOLLOW UP-
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Filing 12
Corporate Disclosure Statement by CVS Health Corporation, CVS Pharmacy, Inc. identifying Corporate Parent CVS Health Corporation for CVS Pharmacy, Inc... (McGuirk, Richard)
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Filing 11
Amended MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-4610081.) Correcting Missing Signature in Attachment 1, Sponsor's Declaration by Marysusan Catholdi-Jankowski of #10 . (Attachments: #1 Declaration Sponsor Declaration In Support of Motion for Admission Pro Hac Vice of Thiago M. Coelho, #2 Exhibit)(Schlanger, Daniel) Modified on 6/23/2022 (LMD).
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E-Filing Notification: Clerk Modified the following entry per Chambers from a Motion to Amend to #11 Amended MOTION to appear pro hac vice. Docket Entry 10 terminated. (LMD)
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Filing 10
MOTION to appear pro hac vice ( Filing fee $ 200 receipt number ANYWDC-4610081.) by Marysusan Catholdi-Jankowski. (Attachments: #1 Declaration Sponsor Declaration In Support of Motion for Admission Pro Hac Vice of Thiago M. Coelho, #2 Exhibit)(Schlanger, Daniel)
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Filing 9
TEXT ORDER re #7 and #8 Motions to Dismiss. Responses are due on or before July 7, 2022. Replies are due on or before July 14, 2022. Upon review of the papers, the Court will determine if oral argument is necessary and, if so, will inform the parties of the date and time. Otherwise, the matter will be deemed submitted and decided on the papers. SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 06/16/2022. (DJP)
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Filing 8
MOTION to Dismiss by CVS Pharmacy, Inc.. (Attachments: #1 Declaration of Richard McGuirk in Support of Motion to Dismiss, #2 Exhibit A to McGuirk Declaration, #3 Memorandum in Support of Motion to Dismiss)(McGuirk, Richard)
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Filing 7
MOTION to Dismiss by CVS Health Corporation. (Attachments: #1 Declaration of Thomas Moffatt in Support of Motion to Dismiss, #2 Memorandum in Support of Motion to Dismiss)(McGuirk, Richard)
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Filing 6
NOTICE of Appearance by Richard A. McGuirk on behalf of CVS Health Corporation, CVS Pharmacy, Inc. (McGuirk, Richard)
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Filing 5
NOTICE of Appearance by Christopher M. Paparella on behalf of CVS Health Corporation, CVS Pharmacy, Inc. (Paparella, Christopher)
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Filing 4
AFFIDAVIT of Service for Summons and Complaint on CVS Pharmacy, Inc. served on Paula Castro, Intake Specialist for CT Corporation System on 5/26/2022, filed by Marysusan Catholdi-Jankowski. (Attachments: #1 Exhibit Proof of Service on CVS Pharmacy, Inc.)(Schlanger, Daniel)
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Filing 3
AFFIDAVIT of Service for Summons and Complaint on CVS Health Corporation served on Rob Ortiz, Process Specialist for CT Corporation System on 5/26/2022, filed by Marysusan Catholdi-Jankowski. (Attachments: #1 Exhibit Proof of Service on CVS Health Corporation)(Schlanger, Daniel)
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E-Filing Notification: Please note for future reference that the proper event is summons returned executed. No action required re #4 AFFIDAVIT of Service for Summons and Complaint on CVS Pharmacy, Inc. and #3 AFFIDAVIT of Service for Summons and Complaint on CVS Health Corporation. (TF)
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RE #3 and #4 - SUMMONS Returned Executed by Marysusan Catholdi-Jankowski. CVS Health Corporation served on 5/26/2022, answer due 6/16/2022; CVS Pharmacy, Inc. served on 5/26/2022, answer due 6/16/2022. (TF)
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Filing 2
Summons Issued as to CVS Health Corporation, CVS Pharmacy, Inc. (TMK)
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Filing 1
COMPLAINT against CVS Health Corporation, CVS Pharmacy, Inc. $ 402 receipt number ANYWDC-4581569, filed by Marysusan Catholdi-Jankowski. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons on CVS Health Corporation, #3 Proposed Summons on CVS Pharmacy, Inc.)(Schlanger, Daniel)
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Case Assigned to Hon. Elizabeth A. Wolford. Notification to Chambers of on-line civil case opening. (TMK)
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Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK)
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AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution.(TMK)
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