LIFESTYLE EVOLUTION INC. v. CVS PHARMACY, INC. et al
Plaintiff: LIFESTYLE EVOLUTION INC. and LIFESTYLE EVOLUTION INC. a Pennsylvania Corporation doing business as NUGO NUTRITION
Defendant: PENNSYLVANIA CVS PHARMACY, LLC, CVS HEALTH SOLUTIONS, LLC and CVS PHARMACY, INC.
Case Number: 2:2020cv00947
Filed: June 25, 2020
Court: US District Court for the Western District of Pennsylvania
Presiding Judge: Nora Barry Fischer
Nature of Suit: Contract: Other
Cause of Action: 28:1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 17, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 17, 2020 Opinion or Order Filing 19 ORDER granting #18 Defendants' Motion to Continue Case Management Conference; the Telephonic Case Management Conference set for 9/1/20 at 9:30 AM is re-set for 9/17/20 at 09:30 AM before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 08/17/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nls)
August 17, 2020 Filing 18 MOTION to Continue Initial Case Management Conference by CVS HEALTH SOLUTIONS, LLC, CVS PHARMACY, INC., PENNSYLVANIA CVS PHARMACY, LLC. (Attachments: #1 Proposed Order) (Bonekemper, Andrew)
August 12, 2020 Opinion or Order Filing 17 ORDER indicating that a Rule to Show Cause is directed to Defendants to set forth no later than 8/24/20 the specific provisions of Exhibits A through E of Docket Nos. #14 - #15 that they will be relying on in this litigation. Signed by Judge Nora Barry Fischer on 08/12/20. (nls)
August 12, 2020 Filing 16 MEMORANDUM ORDER indicating that the parties' Rule 26(f) Report and ADR Stipulation are due by 8/25/20; a Telephonic Initial Case Management Conference is set for 9/1/20 at 9:30 AM before Judge Nora Barry Fischer; the law clerk will circulate conference call dial-in information. (Attachments: #1 1: Stipulation Selecting ADR, #2 2: Rule 26(f)) (cjo)
August 12, 2020 Filing 15 Errata re #14 Supplement Pursuant to August 4, 2020 Order by CVS HEALTH SOLUTIONS, LLC, CVS PHARMACY, INC., PENNSYLVANIA CVS PHARMACY, LLC. Reason for Correction: Additional pages added to Exhibit E. (Bonekemper, Andrew)
August 11, 2020 Filing 14 SUPPLEMENT by CVS HEALTH SOLUTIONS, LLC, CVS PHARMACY, INC., PENNSYLVANIA CVS PHARMACY, LLC re Order at ECF No. 12. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Bonekemper, Andrew) Exhibit E incomplete. Removed from public view and redocketed as an errata at #15 . Modified on 8/14/2020 (ma).
August 6, 2020 Filing 13 WAIVER OF SERVICE Returned Executed by LIFESTYLE EVOLUTION INC.. PENNSYLVANIA CVS PHARMACY, LLC waiver sent on 7/16/2020, answer due 9/14/2020. (DiPaola, Jaclyn)
August 4, 2020 Opinion or Order Filing 12 ORDER Defendants shall file CVS's Supplier Financial Relationship Policy & Guidelines, CVS's Unsalable Merchandise Policy, and CVS's Waste Handling Fee described in their Answer (Docket No. #8 ) by 8/11/20. Signed by Judge Nora Barry Fischer on 08/04/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nls)
August 4, 2020 Filing 11 ANSWER to #8 Answer to Complaint, Counterclaim by LIFESTYLE EVOLUTION INC.. (Attachments: #1 Certificate of Service) (Flaherty, Shawn)
July 9, 2020 Opinion or Order Filing 10 ORDER granting #9 Motion for Andrew W. Bonekemper to Appear Pro Hac Vice on behalf of Defendants CVS Pharmacy, Inc., CVS Health Solutions, L.L.C., and Pennsylvania CVS Pharmacy, L.L.C. Signed by Judge Nora Barry Fischer on 07/09/20. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (nls)
July 9, 2020 Filing 9 MOTION for attorney Andrew W. Bonekemper to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-5747543) by CVS HEALTH SOLUTIONS, LLC, CVS PHARMACY, INC., PENNSYLVANIA CVS PHARMACY, LLC. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Proposed Order) (Bonekemper, Andrew)
July 2, 2020 Filing 8 ANSWER to Complaint Affirmative Defenses, COUNTERCLAIM against LIFESTYLE EVOLUTION INC. by CVS PHARMACY, INC., CVS HEALTH SOLUTIONS, LLC, PENNSYLVANIA CVS PHARMACY, LLC. (Marketich, Nathan)
July 1, 2020 Filing 7 Disclosure Statement identifying CVS Health Corporation as corporate parent or other affiliate, by PENNSYLVANIA CVS PHARMACY, LLC. (Marketich, Nathan)
July 1, 2020 Filing 6 Disclosure Statement identifying CVS Health Corporation as corporate parent or other affiliate, by CVS HEALTH SOLUTIONS, LLC. (Marketich, Nathan)
July 1, 2020 Filing 5 Disclosure Statement identifying CVS Health Corporation as corporate parent or other affiliate, by CVS PHARMACY, INC.. (Marketich, Nathan)
July 1, 2020 Filing 4 NOTICE of Appearance by Nathan Marketich on behalf of CVS HEALTH SOLUTIONS, LLC, CVS PHARMACY, INC., PENNSYLVANIA CVS PHARMACY, LLC. (Marketich, Nathan)
June 26, 2020 Opinion or Order Filing 3 ORDER RE: Rule 12(b) Motions (details more fully stated in said Order). Signed by Judge Nora Barry Fischer on 6/26/20. (cjo)
June 26, 2020 Filing 2 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (cjo)
June 25, 2020 Filing 1 NOTICE OF REMOVAL from Court of Common Pleas of Allegheny County, case number GD-20-004978 Copies attached: State Court Complaint (Filing fee, including Administrative fee, $400, receipt number APAWDC-5714572), filed by CVS PHARMACY, INC., CVS HEALTH SOLUTIONS, LLC, PENNSYLVANIA CVS PHARMACY, LLC. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (ma)

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Defendant: PENNSYLVANIA CVS PHARMACY, LLC
Represented By: Richard L. Holzworth
Represented By: Andrew W. Bonekemper
Represented By: Nathan Marketich
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Defendant: CVS HEALTH SOLUTIONS, LLC
Represented By: Richard L. Holzworth
Represented By: Andrew W. Bonekemper
Represented By: Nathan Marketich
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Defendant: CVS PHARMACY, INC.
Represented By: Richard L. Holzworth
Represented By: Andrew W. Bonekemper
Represented By: Nathan Marketich
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Plaintiff: LIFESTYLE EVOLUTION INC.
Represented By: William F. Rogel
Represented By: Shawn T. Flaherty
Represented By: Jaclyn M. DiPaola
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Plaintiff: LIFESTYLE EVOLUTION INC. a Pennsylvania Corporation doing business as NUGO NUTRITION
Represented By: Shawn Flaherty
Represented By: Jaclyn M DiPaola
Represented By: William Rogel
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