Buechler Pharmacy Inc. et al v. Medicine Shoppe International, Inc. et al
Buechler Pharmacy Inc., Superior Care Pharmacy Inc., MS Artesia 742, Inc., Daniel Reif Inc., Trone Health Services, Inc., Toni R. Sumpter, Daniel D. Sumpter, Marilyn Gaye Moseman and Robert F. Moseman |
Medicine Shoppe International, Inc., Medicap Pharmacies Incorporated and Cardinal Health, Inc. |
2:2010cv00207 |
March 9, 2010 |
US District Court for the Southern District of Ohio |
Columbus Office |
Mark R Abel |
James L Graham |
Contract: Franchise |
28 U.S.C. § 1332 Diversity-Other Contract |
Plaintiff |
Docket Report
This docket was last retrieved on February 10, 2011. A more recent docket listing may be available from PACER.
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Filing 57 CLERK'S JUDGMENT. (bw) |
Filing 56 ORDER granting #21 Motion to Dismiss and granting #49 Motion for Leave to File surreply. Signed by Judge James L Graham on 2/10/2011. (bw) |
Filing 55 ORDER: Defendants do not have to begin reviewing the ESI documents for relevance & privilege until after the Court rules on their #21 Motion to Dismiss. Signed by Magistrate Judge Mark R. Abel on 1/31/2011. (kjm1) |
Filing 54 DISCOVERY DISPUTE CONFERENCE ORDER: It is ORDERED that defendants must begin horizontal de-duping immediately upon conclusion of their uploading the last custodian's files. Then defendants must search the ESI. Defendants do not have to begin reviewing the documents for relevance and privilege until ordered to do so by the Court. Plaintiffs may proceed with the noticed third party discovery. Signed by Magistrate Judge Mark R. Abel on 1/24/2011. (er1) |
Minute Entry for proceedings held before Magistrate Judge Mark R. Abel: Telephone Conference held on 1/21/2011. (Rubey, Rachel) |
Filing 53 STATUS CONFERENCE ORDER: Defendants' counsel are to provide opposing counsel & the Court with an Affidavit by 1/7/2011 setting out the facts of supporting defendants' position on the burdens of ESI discovery. Counsel shall call chambers after 1/7/2011 to arrange a telephone conference regarding ESI discovery. Signed by Magistrate Judge Mark R. Abel on 12/23/2010. (kjm1) |
Filing 52 DISCOVERY CONFERENCE ORDER: Counsel shall provide each other with information/suggestions about how the ESI should be sampled on or before 11/17/2010. Defendants shall provide the results of the sampling to plaintiffs' counsel by 12/13/2010 & counsel are directed to call chambers by 12/20/2010 to schedule a conference to further discuss ESI discovery. Signed by Magistrate Judge Mark R. Abel on 11/9/2010. (kjm1) |
Minute Entry for proceedings held before Magistrate Judge Mark R. Abel: Discovery Hearing held on 11/4/2010. (Rubey, Rachel) |
Filing 51 REPLY to Response to Motion re #49 MOTION for Leave to File Sur-Reply filed by Plaintiffs Daniel Reif Inc., MS Artesia 742, Inc., Marilyn Gaye Moseman, Robert F. Moseman, Daniel D. Sumpter, Toni R. Sumpter, Superior Care Pharmacy Inc., Trone Health Services, Inc.. (Hedger, Clark) |
Filing 50 RESPONSE to Motion re #49 MOTION for Leave to File Sur-Reply Instanter filed by Defendants Cardinal Health, Inc., Medicap Pharmacies Incorporated, Medicine Shoppe International, Inc.. (Ezzie, Joseph) |
Filing 49 MOTION for Leave to File Sur-Reply by Plaintiffs Daniel Reif Inc., MS Artesia 742, Inc., Marilyn Gaye Moseman, Robert F. Moseman, Daniel D. Sumpter, Toni R. Sumpter, Superior Care Pharmacy Inc., Trone Health Services, Inc.. (Attachments: #1 Exhibit Proposed Sur-Reply, #2 Text of Proposed Order, #3 Exhibit Academic Imaging) (Hedger, Clark) |
Filing 48 REPLY to Response to Motion re #21 MOTION to Dismiss or Transfer In Support filed by Defendants Cardinal Health, Inc., Medicap Pharmacies Incorporated, Medicine Shoppe International, Inc.. (Ezzie, Joseph) |
Filing 47 Stipulated PROTECTIVE ORDER. Signed by Magistrate Judge Mark R. Abel on 8/5/2010. (kjm1) |
Filing 46 DISCOVERY CONFERENCE ORDER: Plaintiff's counsel will be permitted to disclose documents designated as confidential to putative class members who have signed an engagement letter & are not subject to an arbitration agreement. If further distribution is necessary, counsel may prepare a summary of information in documents designated as confidential or identify the documents designated confidential that they want to show other putative class members and provide the summary/list to defendant's counsel. Signed by Magistrate Judge Mark R. Abel on 8/2/2010. (kk2) |
Minute Entry for proceedings held before Magistrate Judge Mark R. Abel: Telephone Conference held on 8/2/2010. (Rubey, Rachel) |
Filing 45 STIPULATION Stipulated Protective Order by Plaintiffs Buechler Pharmacy Inc., Daniel Reif Inc., MS Artesia 742, Inc., Marilyn Gaye Moseman, Robert F. Moseman, Daniel D. Sumpter, Toni R. Sumpter, Superior Care Pharmacy Inc., Trone Health Services, Inc., Defendants Cardinal Health, Inc., Medicap Pharmacies Incorporated, Medicine Shoppe International, Inc.. (Ezzie, Joseph) |
Filing 44 STIPULATION Agreed Order Establishing Electronic Document Production Protocol by Plaintiffs Buechler Pharmacy Inc., Daniel Reif Inc., MS Artesia 742, Inc., Marilyn Gaye Moseman, Robert F. Moseman, Daniel D. Sumpter, Toni R. Sumpter, Superior Care Pharmacy Inc., Trone Health Services, Inc., Defendants Cardinal Health, Inc., Medicap Pharmacies Incorporated, Medicine Shoppe International, Inc.. (Ezzie, Joseph) |
Set/Reset Columbus PPTO Deadlines: Rule 26(a) Disclosures due by 8/6/2010 (kk2) |
Filing 43 ORDER granting #41 Motion for Extension of Time Rule 26(a) Disclosure - new deadline 8/6/10; granting #42 Motion for Extension of Time to submit protective order - new deadline 8/2/10. Signed by Magistrate Judge Mark R. Abel on 7/29/10. (jcw1) |
Filing 42 Joint MOTION for Extension of Time New date requested 8/2/2010. to Submit Proposed Electronic Discovery Protocol and Proposed Protective Order by Plaintiffs Buechler Pharmacy Inc., Daniel Reif Inc., MS Artesia 742, Inc., Marilyn Gaye Moseman, Robert F. Moseman, Daniel D. Sumpter, Toni R. Sumpter, Superior Care Pharmacy Inc., Trone Health Services, Inc., Defendants Cardinal Health, Inc., Medicap Pharmacies Incorporated, Medicine Shoppe International, Inc.. (Ezzie, Joseph) |
Filing 41 Consent MOTION for Extension of Time New date requested 7/30/2010. to Exchange Rule 26(a) Disclosures Regarding Option 1 Issues by Defendants Cardinal Health, Inc., Medicap Pharmacies Incorporated, Medicine Shoppe International, Inc.. (Attachments: #1 Text of Proposed Order) (Ezzie, Joseph) |
Filing 40 RESPONSE in Opposition re #21 MOTION to Dismiss or Transfer filed by Plaintiffs Daniel Reif Inc., MS Artesia 742, Inc., Marilyn Gaye Moseman, Robert F. Moseman, Daniel D. Sumpter, Toni R. Sumpter, Superior Care Pharmacy Inc., Trone Health Services, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G) (Hedger, Clark) |
Filing 39 ORDER granting #37 Motion for Extension of Time to submit proposed agreed electronic discovery protocol and proposed protective order. Signed by Magistrate Judge Mark R. Abel on 7/21/10. (jcw) |
Filing 38 ORDER granting #35 Motion for Extension of Time. New date 7/26/10; granting #36 Motion for Extension of Time. New date 7/30/10. Signed by Magistrate Judge Mark R. Abel on 7/20/10. (jcw1) Modified on 7/21/2010 to correct text (jr1). |
Filing 37 Consent MOTION for Extension of Time New date requested 7/28/2010. by Plaintiffs Daniel Reif Inc., MS Artesia 742, Inc., Marilyn Gaye Moseman, Robert F. Moseman, Daniel D. Sumpter, Toni R. Sumpter, Superior Care Pharmacy Inc., Trone Health Services, Inc.. (Hedger, Clark) |
Reset Deadlines as to #21 MOTION to Dismiss or Transfer. Responses due by 7/26/2010. Reset Columbus PPTO Deadlines:Rule 26(a)(1) Disclosures due by 7/30/2010. (jcw1) |
Filing 36 Consent MOTION for Extension of Time New date requested 7/30/2010. by Defendant Medicine Shoppe International, Inc.. (Ezzie, Joseph) |
Filing 35 Consent MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss or Transfer New date requested 7/23/2010. by Plaintiffs Daniel Reif Inc., MS Artesia 742, Inc., Marilyn Gaye Moseman, Robert F. Moseman, Daniel D. Sumpter, Toni R. Sumpter, Superior Care Pharmacy Inc., Trone Health Services, Inc.. (Hedger, Clark) |
Filing 34 ORDER granting #33 Motion for Extension of Time to File Response to #21 MOTION to Dismiss or Transfer. Responses due by 7/16/2010. Signed by Magistrate Judge Mark R. Abel on 7/7/2010. (kjm1) |
Filing 33 Consent MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss or Transfer by Plaintiffs Daniel Reif Inc., MS Artesia 742, Inc., Marilyn Gaye Moseman, Robert F. Moseman, Daniel D. Sumpter, Toni R. Sumpter, Superior Care Pharmacy Inc. & Trone Health Services, Inc. New date requested 7/16/2010. (Hedger, Clark) |
Filing 32 PRELIMINARY PRETRIAL ORDER: Rule 26(a)(1) Disclosures as to Option 1 due by 7/23/2010; Rule 26(a)(1) Disclosures as to Option 3 due by 8/30/2010; Supplemental Rule 26(a)(1) disclosures & Motions to Amend or Join Parties due forty-five (45) days after the decision on the 6/10/2010 Motion to Dismiss; Motion to Certify a claim due by 5/13/2011; Response to Motion to Certify Class if no expert testimony is offered due 8/12/2011; Response to Motion to Certify Class if expert testimony offered due 9/15/2011; Proposed agreed discovery protocol & proposed protective order due by 7/21/2010; Primary Expert due by 7/29/2011 with depositions by 9/16/2011; Rebuttal Expert due by 10/3/2011 with depositions by 11/18/2011. Any rebuttal expert disclosures due by 12/19/2011 with depositions due by 1/18/2012; Discovery due by 1/18/2012; Dispositive motions due by 2/17/2012; Rule 26(a)(3)(A) disclosures due thirty (30) days prior to the final pretrial conference; Plaintiff to make settlement demand by 4/30/2012; Defendant will respond to settlement demand by 5/31/2012 & Settlement Week in June 2012. Signed by Magistrate Judge Mark R. Abel on 6/28/2010. (kjm1) |
Minute Entry for proceedings held before Magistrate Judge Mark R. Abel: Initial Pretrial Conference held on 6/24/2010. (Rubey, Rachel) |
Filing 31 Mail Returned as Undeliverable - NOT DELIVERABLE AS ADDRESSED. Mail (Doc. #20 Order) sent to John F Dienelt on 6/9/2010. (kjm1) |
Filing 30 RESPONSE in Opposition re #27 MOTION to Stay All Discovery Other Than Reasonable Venue Discovery filed by Plaintiffs Daniel Reif Inc., MS Artesia 742, Inc., Marilyn Gaye Moseman, Robert F. Moseman, Daniel D. Sumpter, Toni R. Sumpter, Superior Care Pharmacy Inc., Trone Health Services, Inc.. (Hedger, Clark) |
Filing 29 NOTICE by Defendants Cardinal Health, Inc., Medicap Pharmacies Incorporated, Medicine Shoppe International, Inc. re #28 Brief, #27 MOTION to Stay All Discovery Other Than Reasonable Venue Discovery Notice of Rule 26 and Local Rule 7.3 Consultation (Ezzie, Joseph) |
Filing 28 BRIEF re #27 MOTION to Stay All Discovery Other Than Reasonable Venue Discovery by Defendants Cardinal Health, Inc., Medicap Pharmacies Incorporated, Medicine Shoppe International, Inc.. (Ezzie, Joseph) |
Filing 27 MOTION to Stay All Discovery Other Than Reasonable Venue Discovery by Defendants Cardinal Health, Inc., Medicap Pharmacies Incorporated, Medicine Shoppe International, Inc.. (Ezzie, Joseph) |
Filing 26 RULE 26(f) REPORT Jointly Filed by Plaintiffs Daniel Reif Inc., MS Artesia 742, Inc., Marilyn Gaye Moseman, Robert F. Moseman, Daniel D. Sumpter, Toni R. Sumpter, Superior Care Pharmacy Inc., Trone Health Services, Inc.. (Hedger, Clark) |
Filing 25 Corporate Disclosure Statement by Defendant Cardinal Health, Inc.. (Ezzie, Joseph) |
Filing 24 Corporate Disclosure Statement by Defendants Medicine Shoppe International, Inc., Cardinal Health, Inc. identifying Corporate Parent Cardinal Health, Inc. for Medicine Shoppe International, Inc... (Ezzie, Joseph) |
Filing 23 Corporate Disclosure Statement by Defendants Medicap Pharmacies Incorporated, Cardinal Health, Inc. identifying Corporate Parent Cardinal Health, Inc. for Medicap Pharmacies Incorporated.. (Ezzie, Joseph) |
Filing 22 BRIEF re #21 MOTION to Dismiss or Transfer by Defendants Cardinal Health, Inc., Medicap Pharmacies Incorporated, Medicine Shoppe International, Inc.. (Attachments: #1 Declaration of John Fiacco) (Ezzie, Joseph) |
Filing 21 MOTION to Dismiss or Transfer by Defendants Cardinal Health, Inc., Medicap Pharmacies Incorporated, Medicine Shoppe International, Inc.. Responses due by 7/6/2010 (Ezzie, Joseph) |
Filing 20 ORDER granting #18 & #19 Motions for Leave to Appear Pro Hac Vice of Scott A McIntosh & John F Dienelt. Signed by Magistrate Judge Mark R. Abel on 6/9/2010. (kjm1) |
Filing fee: $ 200, receipt number 200COL0128803 (PHV for Dienelt). (kjm1) |
Filing fee: $ 200, receipt number COL200012802 (PHV for McIntosh). (kjm1) |
Filing 19 MOTION for Leave to Appear Pro Hac Vice of John F. Dienelt (Filing fee $ 200) by Defendants Cardinal Health, Inc., Medicap Pharmacies Incorporated, Medicine Shoppe International, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Johnson, Mark) |
Filing 18 MOTION for Leave to Appear Pro Hac Vice of Scott A. McIntosh (Filing fee $ 200) by Defendants Cardinal Health, Inc., Medicap Pharmacies Incorporated, Medicine Shoppe International, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing) (Johnson, Mark) |
Filing 17 NOTICE of Hearing: Preliminary Pretrial Conference set for 6/24/2010 @ 9:00 AM before Magistrate Judge Mark R. Abel. Conf of the parties due 6/11/10; Rule 26f report of the parties due 6/21/10. (sh1) |
Filing 16 AMENDED COMPLAINT against All Defendants, filed by Toni R. Sumpter, Superior Care Pharmacy Inc., Daniel Reif Inc., Trone Health Services, Inc., Robert F. Moseman, Marilyn Gaye Moseman, Buechler Pharmacy Inc., Daniel D. Sumpter & MS Artesia 742, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J) (kjm1) |
Filing 15 ORDER granting #14 Motion to Amend Complaint. Signed by Magistrate Judge Mark R. Abel on 6/1/2010. (kjm1) |
Filing 14 MOTION to Amend/Correct #2 Complaint,, Motion to Amend Complaint by Plaintiffs Daniel Reif Inc., MS Artesia 742, Inc., Marilyn Gaye Moseman, Robert F. Moseman, Daniel D. Sumpter, Toni R. Sumpter, Superior Care Pharmacy Inc., Trone Health Services, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J) (Hedger, Clark) |
Set Deadlines/Hearings: Cardinal Health, Inc; Medicap Pharmacies Incorporated answer & Medicine Shoppe International, Inc. answers due 6/1/2010. (kk2) |
Filing 13 STIPULATION for Extension of Time to Move or Plead in Response to Plaintiffs' Complaint by Defendants Cardinal Health Inc., Medicap Pharmacies Incorporated, Medicine Shoppe International Inc. & all Plaintiffs. (Ezzie, Joseph) Modified on 5/25/2010 to correct filers (kk2). |
Reset Deadlines: Cardinal Health, Inc. answer due 5/24/2010; Medicap Pharmacies Incorporated answer due 5/24/2010; Medicine Shoppe International, Inc. answer due 5/24/2010. (pes1) |
Filing 12 STIPULATION for Extension of Time to Move or Plead by Defendants Cardinal Health, Inc., Medicap Pharmacies Incorporated, Medicine Shoppe International, Inc.. (Ezzie, Joseph) |
Filing 11 WAIVER OF SERVICE Returned Executed. Waiver sent to Medicine Shoppe International, Inc. on 3/10/2010, answer due 5/10/2010. (Hedger, Clark) |
Filing 10 WAIVER OF SERVICE Returned Executed. Waiver sent to Cardinal Health, Inc. on 3/10/2010, answer due 5/10/2010. (Hedger, Clark) |
Filing 9 WAIVER OF SERVICE Returned Executed. Waiver sent to Medicap Pharmacies Incorporated on 3/10/2010, answer due 5/10/2010. (Hedger, Clark) |
Filing 8 ORDER granting Motions for Leave to Appear Pro Hac Vice of #5 Clark Hedger, #6 David M Harris and #7 James H. Ferrick on behalf of plaintiffs. Signed by Magistrate Judge Mark R. Abel on 3/23/10. (rew) |
Filing fee: for PHV Motions #5 , #6 , #7 , $ 600.00, receipt number 11762 (rew) |
Filing 7 MOTION for Leave to Appear Pro Hac Vice of Frederick M. Luper James H. Ferrick, Esq. (Filing fee $ 200) by Plaintiffs Buechler Pharmacy Inc., Daniel Reif Inc., MS Artesia 742, Inc., Marilyn Gaye Moseman, Robert F. Moseman, Daniel D. Sumpter, Toni R. Sumpter, Superior Care Pharmacy Inc., Trone Health Services, Inc.. (Attachments: #1 Certificate of Good Standing) (Luper, Frederick) |
Filing 6 MOTION for Leave to Appear Pro Hac Vice of Frederick M. Luper (Filing fee $ 200) by Plaintiffs Buechler Pharmacy Inc., Daniel Reif Inc., MS Artesia 742, Inc., Marilyn Gaye Moseman, Robert F. Moseman, Daniel D. Sumpter, Toni R. Sumpter, Superior Care Pharmacy Inc., Trone Health Services, Inc.. (Attachments: #1 Certificate of Good Standing) (Luper, Frederick) |
Filing 5 MOTION for Leave to Appear Pro Hac Vice of Frederick M. Luper (Filing fee $ 200) by Plaintiffs Buechler Pharmacy Inc., Daniel Reif Inc., MS Artesia 742, Inc., Marilyn Gaye Moseman, Robert F. Moseman, Daniel D. Sumpter, Toni R. Sumpter, Superior Care Pharmacy Inc., Trone Health Services, Inc.. (Attachments: #1 Certificate of Good Standing) (Luper, Frederick) |
Filing 4 Notice by Clerk of Southern District of Ohio of Pro Hac Vice Rules as to Attorneys David Harris,James H Ferrick and Clark W Hedger. (rew) |
Filing 3 Corporate Disclosure Statements by Plaintiffs Buechler Pharmacy Inc., Daniel Reif Inc., MS Artesia 742, Inc., Marilyn Gaye Moseman, Robert F. Moseman, Daniel D. Sumpter, Toni R. Sumpter, Superior Care Pharmacy Inc., Trone Health Services, Inc.. (rew) |
Filing 2 COMPLAINT with JURY DEMAND against Cardinal Health, Inc., Medicap Pharmacies Incorporated, Medicine Shoppe International, Inc., filed by Toni R. Sumpter, Superior Care Pharmacy Inc., Daniel Reif Inc., Trone Health Services, Inc., Robert F. Moseman, Marilyn Gaye Moseman, Buechler Pharmacy Inc., Daniel D. Sumpter, MS Artesia 742, Inc.. (Attachments: #1 Exhibit A) (rew1) (Additional attachment(s) added on 3/9/2010: #2 Exhibit B part 1, #3 Exhibit B part 2, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J) (rew1). |
Filing 1 civil cover sheet. (rew) |
Filing fee: $ 350.00, receipt number 11572. (rew) |
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