Famulus Health LLC v. GoodRX Inc
| Famulus Health LLC |
| GoodRX Inc |
| Prime Therapeutics LLC |
| 9:2024cv00886 |
| February 21, 2024 |
| US District Court for the District of South Carolina |
| Bruce Howe Hendricks |
| Other Statutes: Arbitration |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| None |
Docket Report
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This docket was last retrieved on April 16, 2024. A more recent docket listing may be available from PACER.
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| Filing 44 RESPONSE in Opposition re #33 MOTION to Intervene Response filed by GoodRX Inc.Reply to Response to Motion due by 4/23/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit 1 - submited to chambers for in camera review, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(McBratney, James) |
| Filing 43 MOTION to Seal Exhibit to GoodRx's opposition to Prime Therapeutics LLC's motion to intervene by GoodRX Inc. Response to Motion due by 4/30/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support GoodRx's motion to seal exhibit to memo in opposition to Prime Theraupeutics LLC's motion to intervene, #2 Exhibit A - documents submitted for in camera review)No proposed order.(McBratney, James) |
| Filing 42 TEXT ORDER granting (40) Motion to Appear Pro Hac Vice re Bret A. Puls for Prime Therapeutics LLC in case 9:24-cv-00886-BHH. Signed by Honorable Bruce Howe Hendricks on 04/16/2024.Associated Cases: 9:24-cv-00886-BHH, 9:24-mc-00126-BHH(hcor, ) |
| Filing 41 TEXT ORDER granting (39) Motion to Appear Pro Hac Vice re Ellie J. Barragry for Prime Therapeutics LLC in case 9:24-cv-00886-BHH. Signed by Honorable Bruce Howe Hendricks on 04/16/2024.Associated Cases: 9:24-cv-00886-BHH, 9:24-mc-00126-BHH(hcor, ) |
| Filing 40 MOTION to Appear Pro Hac Vice by Bret A. Puls ( Filing fee $ 350 receipt number ASCDC-11710423) by Prime Therapeutics LLC. Response to Motion due by 4/30/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application for Admission, #2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Flynn, Stephanie) |
| Filing 39 MOTION to Appear Pro Hac Vice by Ellie J. Barragry ( Filing fee $ 350 receipt number ASCDC-11710389) by Prime Therapeutics LLC. Response to Motion due by 4/30/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application for Admission, #2 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Flynn, Stephanie) |
| Filing 38 TEXT ORDER denying #21 Motion to Stay Famulus' Motion to Temporarily Stay Pending Case Deadlines filed by Famulus Health LLC in case 9:24-cv-00886-BHH; denying #7 Motion to Stay Famulus' Motion to Temporarily Stay Pending Case Deadlines filed by Famulus Health LLC in case 9:24-mc-00126-BHH; and finding moot 23 Motion to Dismiss or Stay GoodRx's Petition to Confirm Arbitration Award filed by Famulus Health LLC in case 9:24-mc-00126-BHH. Signed by Honorable Bruce Howe Hendricks on 04/12/2024. Associated Cases: 9:24-cv-00886-BHH, 9:24-mc-00126-BHH (hcor, ) |
| Filing 37 TEXT ORDER finding as moot #20 Motion for Extension of Time Famulus' Motion for Enlargement of Time filed by Famulus Health LLC. It now appearing that Famulus filed an Amended Petition to Vacate Arbitration Award against GooodRX, Inc. on March 27, 2024, the Court hereby finds Famulus' Motion for Extension of Time moot. Signed by Honorable Bruce Howe Hendricks on 04/12/2024. Associated Cases: 9:24-cv-00886-BHH, 9:24-mc-00126-BHH (hcor, ) |
| Filing 36 TEXT ORDER granting #7 Motion to Consolidate Cases filed by GoodRX, Inc. in case 9:24-cv-00886-BHH and (6) Motion to Consolidate Cases filed by GoodRX, Inc. in case 9:24-mc-00126-BHH. Upon review, the Court finds that two mirror- image cases have been filed: a petition seeking vacatur of an arbitration award (instant action) and a petition seeking confirmation of an arbitration award (Case No. 9:24-mc-0126-BHH). "The Federal Arbitration Act (FAA or Act), 9 U.S.C. 1 et seq., provides for expedited judicial review to confirm, vacate, or modify arbitration awards." Hall St. Assocs., L.L.C. v. Mattel, Inc., 552 U.S. 576, 578 (2008) (citing 9 U.S.C. 911). Accordingly, the Court will consolidate the confirmation case with the vacatur case. ALL FILINGS MOVING FOWARD SHALL BE FILED IN THE INSTANT VACATUR CASE ONLY. Signed by Honorable Bruce Howe Hendricks on 04/12/2024. Associated Cases: 9:24-cv-00886-BHH, 9:24-mc-00126-BHH (hcor, ) |
| Filing 35 MOTION to Seal GoodRx's memorandum in opposition to Famulus's Amended Petition to Vacate and attached exhibit by GoodRX Inc. Response to Motion due by 4/24/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Livoti, Anthony) |
| Filing 34 RESPONSE in Opposition re #29 Second MOTION to Seal (Partial Opposition) Response filed by GoodRX Inc.Reply to Response to Motion due by 4/17/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Livoti, Anthony) |
| Filing 33 MOTION to Intervene by Prime Therapeutics LLC. Response to Motion due by 4/16/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Affidavit Declaration of Bret Puls, #3 Affidavit Declaration of Marci Conlin)No proposed order.(Flynn, Stephanie) |
| Filing 32 NOTICE of Appearance by Stephanie G Flynn on behalf of Prime Therapeutics LLC (Flynn, Stephanie) |
| Filing 31 TEXT ORDER granting #18 Motion to Seal Memo in Opposition to Petition to Vacate and Exhibits attached to the Memo in Opposition by GoodRX Inc. while the Court takes #5 Motion to Seal by Famulus Health LLC under advisement. Signed by Honorable Bruce Howe Hendricks on 3/27/2024.(vdru, ) |
| Filing 30 AMENDED COMPLAINT Amended Petition to Vacate Arbitration Award against GoodRX Inc, filed by Famulus Health LLC. Service due by 6/25/2024 (Attachments: #1 Exhibit Exhibit A - Amended Petition to Vacate Arbitration Award) (Farnsworth, Julianne) |
| Filing 29 Second MOTION to Seal by Famulus Health LLC. Response to Motion due by 4/10/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support, #2 Exhibit Exhibit A - Amended Petition to Vacate Arbitration Award, #3 Exhibit Exhibit B - Non-Confidential Exhibit Index)No proposed order.(Farnsworth, Julianne) |
| Filing 27 NOTICE OF RESCHEDULED HEARING Status Conference and hearing on all pending motions set for 4/9/2024 11:00 AM cancelled and rescheduled to: Status Conference and hearing on all pending motions set for 4/30/2024 11:00 AM in Charleston Courtroom #2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Bruce Howe Hendricks. At the hearing, the Court will hear on the following pending motions: Famulus Health LLC's motions to seal (ECF Nos. 5, 29); the Parties' respective petitions, to vacate and confirm the arbitration award, and any responses in opposition thereto; and Prime Therapeutics LLC's motion to intervene. (ECF No. 33). (hcor, ) Modified docket text to list motions to be heard on 4/16/2024 (hcor, ). |
| Filing 26 RESPONSE in Opposition re #21 MOTION to Stay Famulus' Motion to Temporarily Stay Pending Case Deadlines, #20 MOTION for Extension of Time Famulus' Motion for Enlargement of Time Response filed by GoodRX Inc.Reply to Response to Motion due by 3/26/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: #1 Exhibit Confirmation of Filing, #2 Exhibit Email from Opposing Counsel)(Livoti, Anthony) |
| Filing 25 REPLY to Response to Motion re #5 MOTION to Seal Famulus' Reply to GoodRx's Partial Opposition to Famulus' Motion to Seal Response filed by Famulus Health LLC. (Farnsworth, Julianne) |
| Filing 24 Letter from Petitioner Famulus Health LLC. (Farnsworth, Julianne) |
| Filing 23 NOTICE OF AMENDED HEARING Status Conference and hearing on all pending motions set for 4/9/2024 11:00 AM in Charleston Courtroom #2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Bruce Howe Hendricks. (hcor, ) |
| Filing 22 RESPONSE in Opposition re #7 MOTION to Consolidate Cases Famulus' Response in Opposition to GoodRx's Motion to Consolidate Response filed by Famulus Health LLC.Reply to Response to Motion due by 3/19/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Farnsworth, Julianne) |
| Filing 21 MOTION to Stay Famulus' Motion to Temporarily Stay Pending Case Deadlines by Famulus Health LLC. Response to Motion due by 3/26/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Farnsworth, Julianne) |
| Filing 20 MOTION for Extension of Time Famulus' Motion for Enlargement of Time by Famulus Health LLC. Response to Motion due by 3/26/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Exhibit Exhibit A - Notice of Electronic Filing)No proposed order.(Farnsworth, Julianne) |
| Filing 19 NOTICE of Hearing: Status Conference set for 4/9/2024 11:00 AM in Charleston Courtroom #2, J. Waties Waring Judicial Center, 83 Meeting St, Charleston before Honorable Bruce Howe Hendricks. (hcor, ) |
| Filing 18 MOTION to Seal Memo in Opposition to Petition to Vacate and Exhibits attached to the Memo in Opposition by GoodRX Inc. Response to Motion due by 3/21/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Memo in Support)No proposed order.(Livoti, Anthony) |
| Filing 17 Opposition to Petition to Vacate ANSWER to Complaint by GoodRX Inc.(Livoti, Anthony) |
| Filing 16 RESPONSE in Opposition re #5 MOTION to Seal (Partial Opposition) Response filed by GoodRX Inc.Reply to Response to Motion due by 3/14/2024 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Livoti, Anthony) |
| Filing 15 TEXT ORDER granting #10 Motion to Appear Pro Hac Vice re Jennifer Melien Brooks Crozier for GoodRX Inc. Signed by Honorable Bruce Howe Hendricks on 03/05/2024.(hcor, ) |
| Filing 14 TEXT ORDER granting #9 Motion to Appear Pro Hac Vice re Alexandra K. Rose for GoodRX Inc. Signed by Honorable Bruce Howe Hendricks on 03/05/2024.(hcor, ) |
| Filing 13 TEXT ORDER granting #8 Motion to Appear Pro Hac Vice re David J. Lender for GoodRX Inc. Signed by Honorable Bruce Howe Hendricks on 03/05/2024.(hcor, ) |
| Filing 12 WAIVER OF SERVICE by Famulus Health LLC. GoodRX Inc waiver executed on 2/22/2024, answer due 4/22/2024. (Farnsworth, Julianne) |
| Filing 11 NOTICE of Appearance by James Thomas McBratney, III on behalf of GoodRX Inc (McBratney, James) |
| Filing 10 MOTION to Appear Pro Hac Vice by Jennifer Melien Brooks Crozier ( Filing fee $ 350 receipt number ASCDC-11627777) by GoodRX Inc. Response to Motion due by 3/18/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application for Pro Hac Vice, #2 Supporting Documents Certificates of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Livoti, Anthony) |
| Filing 9 MOTION to Appear Pro Hac Vice by Alexandra Katherine Rose ( Filing fee $ 350 receipt number ASCDC-11627766) by GoodRX Inc. Response to Motion due by 3/18/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application for Pro Hac Vice, #2 Supporting Documents Certificates of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Livoti, Anthony) |
| Filing 8 MOTION to Appear Pro Hac Vice by David Jason Lender ( Filing fee $ 350 receipt number ASCDC-11627740) by GoodRX Inc. Response to Motion due by 3/18/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents Application for Pro Hac Vice, #2 Supporting Documents Appendix, #3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Livoti, Anthony) |
| Filing 7 MOTION to Consolidate Cases by GoodRX Inc. Response to Motion due by 3/12/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Livoti, Anthony) |
| Filing 6 MEMORANDUM in Support re #5 MOTION to Seal Response filed by Famulus Health LLC. (gray). Removed attachment per attorney request on 2/27/2024 (gray). (Additional attachment(s) added on 2/27/2024: #1 Exhibit A- Memo in Support) (gray, ). |
| Filing 5 MOTION to Seal by Famulus Health LLC. Response to Motion due by 3/7/2024. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order. (gray) (Additional attachment(s) added on 2/27/2024: #1 Exhibit A - Non-Confidential Description Index) (gray, ). |
| Filing 4 Summons Issued as to GoodRX Inc. (gray) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Famulus Health LLC. (gray) |
| Filing 1 PETITION TO VACATE ARBITRATION AWARD as to GoodRX Inc (Filing fee $ 405. Receipt number ASCDC-11604754), filed by Famulus Health LLC. (Attachments: #2 Exhibit A - Final Award, #4 Exhibit B - Order re Injunction, #5 Exhibit C - Order re Costs, #6 Exhibit D - Distributorship Agreement) (gray) Corrected attachments per attorney request on 2/27/2024 (gray). |
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