United States of America v. Oakley Pharmacy, Inc. et al

Plaintiff: United States of America
Defendant: Thomas Weir, Oakley Pharmacy, Inc., John Polston, Michael Griffith, Larry Larkin and Xpress Pharmacy of Clay County, LLC
Case Number: 2:2019cv00009
Filed: February 7, 2019
Court: US District Court for the Middle District of Tennessee
Presiding Judge: Aleta A Trauger
Nature of Suit: Other Statutes: False Claims Act
Cause of Action: 31:3729
Jury Demanded By: Both

Docket Report

This docket was last retrieved on March 25, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 25, 2019 Opinion or Order Filing 55 ORDER: The Motion to Continue Preliminary Injunction Hearing ( #53 ) is GRANTED and the preliminary injunction hearing is hereby reset for Wednesday, June 12, 2019 at 1:30 p.m. By prior orders, pro se defendants Larry Larkin ( #34 ) and Michael Griffith ( #51 ) have been excused from attending the preliminary injunction hearing, as they have agreed to have the terms of the Temporary Restraining Order converted to a preliminary injunction. All other defendants are hereby ORDERED to respond to the plaintiff's request for a preliminary injunction by May 29, 2019. Signed by District Judge Aleta A. Trauger on 3/25/19. (xc:Pro se party by regular mail.) (gb)
March 18, 2019 Filing 54 Witness List UNITED STATES' WITNESS LIST FOR PRELIMINARY INJUNCTION HEARING SET FOR MARCH 27, 2019 by United States of America. (McIntyre, Ellen)
March 18, 2019 Filing 53 First MOTION to Continue Preliminary Injunction Hearing by John Polston. (Giaimo, Michael)
March 13, 2019 Filing 52 ANSWER to #1 Complaint, by Michael Griffith.(Trompeter, L.)
March 8, 2019 Opinion or Order Filing 51 ORDER: The plaintiff United States' and Defendant Michael Griffith's Joint Consent Motion #50 for Entry of a Preliminary Injunction Order against Griffith is GRANTED. It is hereby ORDERED that the Temporary Restraining Order entered on February 7, 2019 ( #10 ) and extended on February 21, 2019 ( #37 ) is hereby converted to a preliminary injunction, the terms of which are hereby EXTENDED until further order of the Court. Defendant Griffith and his counsel are hereby EXCUSED from attending the hearing on the plaintiff's request for a preliminary injunction, which is set for March 27, 2019. Signed by District Judge Aleta A. Trauger on 3/8/19. (xc:Pro se party by regular mail.) (gb)
March 8, 2019 Filing 50 Joint MOTION for Preliminary Injunction Against Defendant Michael Griffith by United States of America. (Attachments: #1 Attachment - [PROPOSED ORDER])(McIntyre, Ellen)
March 6, 2019 Filing 49 GREEN CARD RETURNED Executed as to #23 Certificate of Service, #21 Summons Returned Executed Larkin - Certified #7017 3380 0000 8474 9973 Acknowledgement filed by United States of America. (McIntyre, Ellen)
March 6, 2019 Filing 48 GREEN CARD RETURNED Executed as to #20 Certificate of Service, #17 Summons Returned Executed Xpress Pharmacy - Certified #7017 0190 0000 5296 9936 Acknowledgement filed by United States of America. (McIntyre, Ellen)
March 5, 2019 Filing 47 GREEN CARD RETURNED Executed as to #20 Certificate of Service, #16 Summons Returned Executed Oakley Pharmacy, Inc. - 7017 3380 0000 8474 9935 Acknowledgement filed by United States of America. (McIntyre, Ellen)
March 4, 2019 Filing 46 ANSWER to #1 Complaint, by Larry Larkin.(gb)
February 26, 2019 Opinion or Order Filing 45 ORDER granting #42 Motion for Donald R. Lorenzen to Appear Pro Hac Vice. Signed by Acting Clerk of Court, Vicki Kinkade on 2/26/19. (gb)
February 26, 2019 Opinion or Order Filing 44 ORDER granting #38 Motion for Ross S. Goldstein to Appear Pro Hac Vice. Signed by Acting Clerk of Court, Vicki Kinkade on 2/26/19. (gb)
February 26, 2019 IL State Bar status verified as active for Donald R. Lorenzen. (gb)
February 25, 2019 Filing 43 GREEN CARD RETURNED Executed as to #22 Summons Returned Executed, #23 Certificate of Service Certified Mail #7017 3380 0000 8474 9966 Acknowledgement filed by United States of America. (McIntyre, Ellen)
February 25, 2019 Filing 42 MOTION for attorney DONALD R. LORENZEN to Appear Pro Hac Vice (Fee waived) by United States of America. (Attachments: #1 Attachment CERTIFICATE OF GOOD STANDING)(McIntyre, Ellen) Modified text on 2/26/2019 (gb).
February 25, 2019 MD State Bar status verified as active for Ross S. Goldstein. (gb)
February 22, 2019 Filing 41 GREEN CARD RETURNED Executed as to #26 Certificate of Service, #24 Summons Returned Executed Certified Mail #7017 3380 0000 8474 9980 Acknowledgement filed by United States of America. (McIntyre, Ellen)
February 22, 2019 Filing 40 GREEN CARD RETURNED Executed as to #18 Summons Returned Executed, #20 Certificate of Service, Certified Mail #7017 3380 0000 8474 9959 Acknowledgement filed by United States of America. (McIntyre, Ellen)
February 22, 2019 Filing 39 GREEN CARD RETURNED Executed as to #19 Summons Returned Executed, #20 Certificate of Service, Certified Mail #7017 3380 0000 8474 9942 Acknowledgement filed by United States of America. (McIntyre, Ellen)
February 22, 2019 Filing 38 MOTION for attorney ROSS S. GOLDSTEIN to Appear Pro Hac Vice (Fee waived) by United States of America. (Attachments: #1 Attachment [ROSS S. GOLDSTEIN - CERTIFICATE OF GOOD STANDING])(McIntyre, Ellen) Modified text on 2/25/2019 (gb).
February 22, 2019 TN State Bar status verified as active for Michael R. Giaimo. (gb)
February 21, 2019 Opinion or Order Filing 37 ORDER: The Motion of Defendants Thomas Weir, Oakley Pharmacy, Inc., and Xpress Pharmacy to Continue Preliminary Injunction Hearing ( #29 ) is GRANTED. The hearing on the plaintiff's request for a preliminary injunction is hereby RESET for Wednesday, March 27, 2019 at 9:30 a.m. It is further ORDERED that, by agreement, the terms of the Temporary Restraining Order entered on February 7, 2019 ( #10 ) are hereby EXTENDED until the court rules on the request for a preliminary injunction. Signed by District Judge Aleta A. Trauger on 2/21/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
February 21, 2019 Filing 36 NOTICE of Appearance by Michael R. Giaimo on behalf of John Polston (Giaimo, Michael)
February 21, 2019 NOTICE TO FILER re DE#35 : This document has been scanned. Documents generated from a word processor (Word of WordPerfect) should NOT be scanned, but rather printed directly to PDF via a PDF writer. Document must be text searchable. You do not have to refile this document, however, future scanned pleadings of this nature may require refiling. (gb)
February 21, 2019 TN State Bar status verified as active for L. Wells Trompeter, Jennifer L. Weaver, James Dale White, Jr. and Peter J. Strianse. (gb)
February 20, 2019 Filing 35 NOTICE of Appearance by James Dale White, Jr on behalf of Oakley Pharmacy, Inc., Thomas Weir, Xpress Pharmacy of Clay County, LLC (White, James)
February 20, 2019 Opinion or Order Filing 34 ORDER: The plaintiff United States' Consent Motion for Entry of a Preliminary Injunction Against Defendant Larry Larkin #32 is GRANTED. It is hereby ORDERED that the Temporary Restraining Order entered on February 7, 2019 (Docket No. 10) is hereby converted to a preliminary injunction, the terms of which are hereby EXTENDED until further order of the court. Defendant Larkin is hereby EXCUSED from attending the hearing on the plaintiff's request for a preliminary injunction, which the court is in the process of rescheduling from February 21, 2019 to a later date. Signed by District Judge Aleta A. Trauger on 2/20/2019. (ds)
February 20, 2019 Filing 33 NOTICE of Filing by United States of America re #32 MOTION for Preliminary Injunction against Defendant LARRY LARKIN (Attachments: #1 Attachment [PROPOSED] Preliminary Injunction Order against Defendant LARRY LARKIN)(McIntyre, Ellen)
February 20, 2019 Filing 32 MOTION for Preliminary Injunction against Defendant LARRY LARKIN by United States of America. (Attachments: #1 Exhibit 1 - AUSA Bowden McIntyre & Larry Larkin Email Chain, dated 02/19/2019)(McIntyre, Ellen)
February 20, 2019 Filing 31 NOTICE of Appearance by Jennifer L. Weaver on behalf of Michael Griffith (Weaver, Jennifer)
February 20, 2019 Filing 30 NOTICE of Appearance by L. Wells Trompeter on behalf of Michael Griffith (Trompeter, L.)
February 19, 2019 Filing 29 MOTION to Continue Preliminary Injunction Hearing by Oakley Pharmacy, Inc., Thomas Weir, Xpress Pharmacy of Clay County, LLC. (Strianse, Peter)
February 19, 2019 Filing 28 NOTICE of Appearance by Peter J. Strianse on behalf of Oakley Pharmacy, Inc., Thomas Weir, Xpress Pharmacy of Clay County, LLC (Strianse, Peter)
February 19, 2019 Filing 27 NOTICE of Filing by Oakley Pharmacy, Inc., Thomas Weir, Xpress Pharmacy of Clay County, LLC Notice of Appearance (Attachments: #1 Attachment Notice of Appearance)(White, James)
February 13, 2019 Filing 26 CERTIFICATE OF SERVICE by United States of America re #24 Summons Returned Executed AMENDED Summons Returned Executed - Certificate of Service - Regarding JOHN POLSTON (McIntyre, Ellen)
February 13, 2019 Filing 25 ***DISREGARD - WRONG DOCUMENT **** CERTIFICATE OF SERVICE by United States of America re #24 Summons Returned Executed AMENDED - Summons Returned Executed regarding JOHN POLSTON (McIntyre, Ellen) Modified text on 2/13/2019 (gb).
February 13, 2019 Filing 24 SUMMONS returned executed by United States of America. (McIntyre, Ellen)
February 13, 2019 Filing 23 CERTIFICATE OF SERVICE by United States of America re #22 Summons Returned Executed, #21 Summons Returned Executed Larry Larkin; Thomas Weir (McIntyre, Ellen)
February 13, 2019 Filing 22 SUMMONS returned executed by United States of America. Thomas Weir served on 2/12/2019. (McIntyre, Ellen)
February 13, 2019 Filing 21 SUMMONS returned executed by United States of America. Larry Larkin served on 2/11/2019. (McIntyre, Ellen)
February 12, 2019 Filing 20 CERTIFICATE OF SERVICE by United States of America re #18 Summons Returned Executed, #19 Summons Returned Executed, #17 Summons Returned Executed, #16 Summons Returned Executed Oakley Pharmacy, Inc., d/b/a Dale Hollow Pharmacy; Xpress Pharmacy of Clay County, LLC; Michael Griffith; and John Polston (McIntyre, Ellen)
February 12, 2019 Filing 19 SUMMONS returned executed by United States of America. John Polston served on 2/8/2019. (McIntyre, Ellen)
February 12, 2019 Filing 18 SUMMONS returned executed by United States of America. Michael Griffith served on 2/8/2019. (McIntyre, Ellen)
February 12, 2019 Filing 17 SUMMONS returned executed by United States of America. Xpress Pharmacy of Clay County, LLC served on 2/8/2019. (McIntyre, Ellen)
February 12, 2019 Filing 16 SUMMONS returned executed by United States of America. Oakley Pharmacy, Inc. served on 2/8/2019. (McIntyre, Ellen)
February 12, 2019 NOTICE TO COUNSEL Ross S. Goldstein, Donald R. Lorenzen: WITHIN 21 DAYS, counsel shall file a Motion to Appear Pro Hac Vice, a Certificate of Good Standing signed by the Clerk of a United States District Court where admitted. (Fee for government attorney is waived.) PHV due by 3/5/2019. (gb) Modified on 2/13/2019 (gb).
February 12, 2019 Filing 15 *** DISREGARD - WRONG EVENT USED - TO BE REFILED *** CERTIFICATE OF SERVICE by United States of America re #11 Summons Issued Oakley Pharmacy, Inc., d/b/a Dale Hallow Pharmacy; Xpress Pharmacy of Clay County, LLC; Michael Griffith; and John Polston (McIntyre, Ellen) Modified text on 2/12/2019 (gb).
February 8, 2019 Opinion or Order Filing 14 ORDER: The Court ORDERS that the following documents, which were filed on February 7, 2019, shall be unsealed: 1. The complaint; 2. The civil action cover sheet; 3. The ex parte motion for a temporary restraining order and preliminary injunction; 4. The memorandum of law supporting the ex parte motion for temporary restraining order and preliminary injunction; 5. The [proposed] temporary restraining order; 6. The declaration of Samantha Rogers; 7. The declaration of Randy DAntoni, with exhibits; 8. The declaration of Carl Gainor; 9. The order granting the temporary restraining order, Doc. No. #9 ; and 10. The temporary restraining order, Doc. No. #10 . The Court further ORDERS that the current seal shall be lifted on all other matters occurring in this action after the date of this Order. Signed by District Judge Aleta A. Trauger on 2/8/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(gb)
February 8, 2019 Opinion or Order Filing 13 ORDER granting #12 Motion to Unseal Case. Signed by District Judge Aleta A. Trauger on 1/8/19. (gb)
February 8, 2019 Filing 12 EX PARTE MOTION to Unseal Certain Filings in this Action by United States of America. (Attachments: #1 Attachment - Proposed Order)(dt)
February 7, 2019 Filing 11 Summons issued as to Michael Griffith, Larry Larkin, Oakley Pharmacy, Inc., John Polston, Thomas Weir and Xpress Pharmacy of Clay County, LLC. (gb)
February 7, 2019 Opinion or Order Filing 10 TEMPORARY RESTRAINING ORDER: The United States' ex parte Motion for a Temporary Restraining Order and Preliminary Injunction is GRANTED without notice to Defendants. This Temporary Restraining Order was issued on February 7, 2019, at 11:40 AM. This Temporary Restraining Order shall expire on February 21, 2019, unless it is extended by the Court for good cause shown or the Defendants consent to a longer extension. The United States shall have permission to serve a copy of this Order on Defendants on the same date when the United States executes search warrants at the two Defendant pharmacies. This matter is set for a preliminary injunction hearing on February 21, 2019, at 3:00 PM. Signed by District Judge Aleta A. Trauger on 2/7/19. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)(xc: Copy sent to counsel via email.) Modified on 2/7/2019 (dt).
February 7, 2019 Opinion or Order Filing 9 ORDER granting #3 Ex Parte Motion for TRO and Preliminary Injunction. Signed by District Judge Aleta A. Trauger on 2/7/19. (dt) (xc: Copy sent to counsel via email.) Modified on 2/7/2019 (dt).
February 7, 2019 Opinion or Order Filing 8 ORDER granting #2 Motion to Seal. Signed by District Judge Aleta A. Trauger on 2/7/2019. (xc: Counsel sent copy of order via email.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)
February 7, 2019 Filing 7 DECLARATION of Carl Gainor filed by United States of America. (am)
February 7, 2019 Filing 6 DECLARATION of Samantha Rogers filed by United States of America. (am)
February 7, 2019 Filing 5 DECLARATION of Randi D'Antoni filed by United States of America. (Attachments: #1 Exhibit A - to the Declaration of Randi D'Antoni, #2 Exhibit B - to the Declaration of Randi D' Antoni)(am)
February 7, 2019 Filing 4 MEMORANDUM in Support of #3 UNITED STATES' EX PARTE MOTION FOR A TEMPORARY RESTRAINING ORDER AND A PRELIMINARY INJUNCTION filed by United States of America. (am)
February 7, 2019 Filing 3 UNITED STATES' EX PARTE MOTION FOR A TEMPORARY RESTRAINING ORDER AND A PRELIMINARY INJUNCTION by United States of America. (Attachments: #1 Attachment - Proposed Order)(am)
February 7, 2019 Filing 2 UNITED STATES' EX PARTE MOTION TO FILE UNDER SEAL by United States of America. (Attachments: #1 Attachment - Proposed Order)(am)
February 7, 2019 Filing 1 COMPLAINT against Michael Griffith, Larry Larkin, Oakley Pharmacy, Inc., John Polston, Thomas Weir, Xpress Pharmacy of Clay County, LLC, filed by United States of America. (Attachments: #1 Exhibit A - to the complaint, #2 Attachment - Civil Cover Sheet)(am)

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Search for this case: United States of America v. Oakley Pharmacy, Inc. et al
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Defendant: Thomas Weir
Represented By: Peter J. Strianse
Represented By: James Dale White, Jr.
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Defendant: Oakley Pharmacy, Inc.
Represented By: Peter J. Strianse
Represented By: James Dale White, Jr.
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Defendant: John Polston
Represented By: Michael R. Giaimo
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Defendant: Michael Griffith
Represented By: L. Wells Trompeter
Represented By: Jennifer L. Weaver
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Defendant: Larry Larkin
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Defendant: Xpress Pharmacy of Clay County, LLC
Represented By: Peter J. Strianse
Represented By: James Dale White, Jr.
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Plaintiff: United States of America
Represented By: Ellen Bowden McIntyre
Represented By: Ross S. Goldstein
Represented By: Donald R. Lorenzen
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