Walmart Inc. v. U.S. DEPARTMENT OF JUSTICE et al
| Walmart Inc. |
| Attorney General William P. Barr, Acting Administrator Timothy J. Shea, U.S. DRUG ENFORCEMENT ADMINISTRATION and U.S. DEPARTMENT OF JUSTICE |
| Retail Litigation Center, Inc., Association of American Physicians & Surgeons, Washington Legal Foundation, Dr. Jay K Joshi, National Retail Federation, Chamber of Commerce of the United States of America and THE NATIONAL ASSOCIATION OF CHAIN DRUG STORES AND THE AMERICAN PHARMACISTS ASSOCIATION |
| 4:2020cv00817 |
| October 22, 2020 |
| US District Court for the Eastern District of Texas |
| Sean D Jordan |
| Other Statutory Actions |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on February 4, 2021. A more recent docket listing may be available from PACER.
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Filing 65
ORDER - granting #64 Motion to Amend Briefing Schedule Regarding Defendants' Motion to Dismiss. Signed by District Judge Sean D. Jordan on 12/18/2020. (baf, )
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| Filing 64 Joint MOTION to Amend/Correct Briefing Schedule Regarding Defendants' Motion to Dismiss by Walmart Inc.. (Attachments: #1 Text of Proposed Order)(Siebman, Clyde) |
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Filing 63
ORDER - granting #60 Motion for Leave to File Amicus Curiae Brief. It is therefore ORDERED that Dr. Jay K Joshi's amicus curiae brief, (Dkt. #61 ), is deemed properly filed. Signed by District Judge Sean D. Jordan on 12/17/2020. (baf, )
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Filing 62
ORDER granting #44 Motion to Stay Briefing. It is ORDERED that all briefing deadlines on Walmart's Motion for Partial Summary Judgment, (Dkt. #21 ), are hereby STAYED pending resolution of DOJ's Motion to Dismiss for Lack of Jurisdiction, (Dkt. #43 ). It is further ORDERED that Walmart's response to DOJ's dismissal motion is due no later than fourteen (14) days from the date of this Order and that DOJ's reply, if any, is due no later than seven (7) days after Walmart has filed its response. If the parties desire additional pages or additional briefing, they must seek leave of the Court to do so. Signed by District Judge Sean D. Jordan on 12/16/2020. (las, )
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| Filing 61 AMICUS CURIAE BRIEF filed by Jay K Joshi. (Attachments: #1 Envelope(s))(baf, ) |
| Filing 60 MOTION for Leave to File Amicus Curiae Brief by Jay K Joshi. (Attachments: #1 Envelope(s))(baf, ) |
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Filing 59
ORDER granting #56 Motion for Leave to File Surreply in Opposition to Defendants' Motion to Stay Summary Judgment Briefing. It is therefore ORDERED that Walmart's Surreply in Opposition to Defendants' Motion to Stay Partial Summary Judgment Briefing, (Dkt. #57 ), is deemed properly filed. Signed by District Judge Sean D. Jordan on 12/11/2020. (las)
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| Filing 58 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Status Conference Proceedings held on December 7, 2020, before Judge Sean D. Jordan. Court Reporter: Gayle Wear, RPR, CRR, Telephone number: 214-872-4860. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 1/1/2021. Release of Transcript Restriction set for 3/11/2021. (gwear, ) |
| Filing 57 SUR-REPLY to Reply to Response to Motion re #44 MOTION to Stay re #21 MOTION for Partial Summary Judgment filed by Walmart Inc.. (Siebman, Clyde) |
| Filing 56 MOTION for Leave to File to File Sur-Reply in Opposition to Defendants' Motion to Stay Summary Judgment Briefing by Walmart Inc.. (Attachments: #1 Text of Proposed Order)(Siebman, Clyde) |
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Filing 55
ORDER granting #53 Unopposed Motion for Leave to File Excess Pages. ORDERED that the motion is GRANTED and Defendants' Reply in Support of Motion to Stay Partial Summary Judgment Briefing, (Dkt. #54), is deemed properly filed. Signed by District Judge Sean D. Jordan on 12/9/2020. (kls, )
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| Filing 54 REPLY to Response to Motion re #44 MOTION to Stay re #21 MOTION for Partial Summary Judgment filed by William P. Barr, Timothy J. Shea, U.S. DEPARTMENT OF JUSTICE, U.S. DRUG ENFORCEMENT ADMINISTRATION. (Talmor, Kate) |
| Filing 53 Unopposed MOTION for Leave to File Excess Pages by William P. Barr, Timothy J. Shea, U.S. DEPARTMENT OF JUSTICE, U.S. DRUG ENFORCEMENT ADMINISTRATION. (Attachments: #1 Text of Proposed Order)(Talmor, Kate) |
| Filing 52 PAPER TRANSCRIPT REQUEST by Walmart Inc. for proceedings held on 12/07/20 Status Conference before Judge Sean D. Jordan. (Smith, David) (Forwarded to Gayle Wear on 12/9/2020) (ljw, ). |
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Filing 51
ORDER. It is hereby ORDERED that the Government's deadline to respond to Walmart's Motion for Partial Summary Judgment #21 is STAYED pending further order of the Court. It is further ORDERED that Walmart's deadline to respond to the Government's Motion to Dismiss for Lack of Jurisdiction #43 is STAYED pending further order of the Court. Once the Governments Motion to Stay Partial Summary Judgment Briefing #46 has been adjudicated, the Court will enter an order addressing the briefing schedule for Walmart's Motion for Partial Summary Judgment and the Government's Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge Sean D. Jordan on 12/8/2020. (baf, )
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Filing 50
ORDER - GRANTING #47 Motion for Leave to File Brief as Amicus Curiae. It is therefore ORDERED that the Brief of Amicus Curiae Association of American Physicians & Surgeons in Support of Plaintiff and in Support of Its Motion for Partial Summary Judgment, (Dkt. #48), is deemed properly filed. Signed by District Judge Sean D. Jordan on 12/8/2020. (baf, )
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| Filing 49 Minute Entry for proceedings held before District Judge Sean D. Jordan: Telephone Conference held on 12/7/2020. (Court Reporter Gayle Wear.) (bss, ) |
| Filing 48 BRIEF filed in support of Plaintiff as Amicus Curiae by Association of American Physicians & Surgeons. (Schlafly, Andrew) |
| Filing 47 Unopposed MOTION for Leave to File Brief of Amicus Curiae by Association of American Physicians & Surgeons. (Attachments: #1 Text of Proposed Order)(Schlafly, Andrew) (Attachment 1 replaced on 12/8/2020) (baf, ). |
| Filing 46 RESPONSE in Opposition re #44 MOTION to Stay re #21 MOTION for Partial Summary Judgment filed by Walmart Inc.. (Siebman, Clyde) |
| Filing 45 NOTICE of Hearing: Telephone Conference set for 12/7/2020 at 4:30 PM before District Judge Sean D. Jordan. (ldm) |
| Filing 44 MOTION to Stay re #21 MOTION for Partial Summary Judgment by William P. Barr, Timothy J. Shea, U.S. DEPARTMENT OF JUSTICE, U.S. DRUG ENFORCEMENT ADMINISTRATION. (Talmor, Kate) |
| Filing 43 MOTION to Dismiss for Lack of Jurisdiction by William P. Barr, Timothy J. Shea, U.S. DEPARTMENT OF JUSTICE, U.S. DRUG ENFORCEMENT ADMINISTRATION. (Talmor, Kate) |
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Filing 42
ORDER - GRANTING #38 Motion for Leave to File Brief as Amici Curiae in support of Plaitniff. Signed by District Judge Sean D. Jordan on 12/2/2020. (baf, )
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Filing 41
ORDER - GRANTING #33 Motion for Leave to File Amici Curiae Brief. Signed by District Judge Sean D. Jordan on 12/2/2020. (baf, )
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| Filing 40 BRIEF filed (Amici Curiae Brief in Support of Plaintiff) by Chamber of Commerce of the United States of America, National Retail Federation, Retail Litigation Center, Inc., Washington Legal Foundation. (Brown, Megan) |
| Filing 39 BRIEF filed Amici Curiae Brief in Support Plaintiff by THE NATIONAL ASSOCIATION OF CHAIN DRUG STORES AND THE AMERICAN PHARMACISTS ASSOCIATION. (Brister, Scott) |
| Filing 38 Unopposed MOTION for Leave to File Brief as Amici Curiae in Support of Plaintiff by THE NATIONAL ASSOCIATION OF CHAIN DRUG STORES AND THE AMERICAN PHARMACISTS ASSOCIATION. (Attachments: #1 Text of Proposed Order)(Brister, Scott) (Attachment 1 replaced on 12/1/2020) (baf, ). |
| Filing 37 CORPORATE DISCLOSURE STATEMENT filed by Washington Legal Foundation (Brown, Megan) |
| Filing 36 CORPORATE DISCLOSURE STATEMENT filed by Retail Litigation Center, Inc. (Brown, Megan) |
| Filing 35 CORPORATE DISCLOSURE STATEMENT filed by National Retail Federation (Brown, Megan) |
| Filing 34 CORPORATE DISCLOSURE STATEMENT filed by Chamber of Commerce of the United States of America (Brown, Megan) |
| Filing 33 Unopposed MOTION for Leave to File Brief of Amici Curiae by Chamber of Commerce of the United States of America, National Retail Federation, Retail Litigation Center, Inc., Washington Legal Foundation. (Attachments: #1 Text of Proposed Order, #2 Supplement)(Brown, Megan) |
| Filing 32 NOTICE of Attorney Appearance - Pro Hac Vice by Megan L Brown on behalf of Chamber of Commerce of the United States of America, National Retail Federation, Retail Litigation Center, Inc., Washington Legal Foundation. Filing fee $ 100, receipt number 0540-8129534. (Brown, Megan) |
| Filing 31 NOTICE of Attorney Appearance - Pro Hac Vice by Stephen J Obermeier on behalf of Chamber of Commerce of the United States of America, National Retail Federation, Retail Litigation Center, Inc., Washington Legal Foundation. Filing fee $ 100, receipt number 0540-8129523. (Obermeier, Stephen) |
| Filing 30 NOTICE of Attorney Appearance by Wesley Edenton Weeks on behalf of Chamber of Commerce of the United States of America, National Retail Federation, Retail Litigation Center, Inc., Washington Legal Foundation (Weeks, Wesley) |
| Filing 29 NOTICE of Attorney Appearance - Pro Hac Vice by Jeremy J Broggi on behalf of Chamber of Commerce of the United States of America, National Retail Federation, Retail Litigation Center, Inc., Washington Legal Foundation. Filing fee $ 100, receipt number 0540-8129494. (Broggi, Jeremy) |
| Filing 28 NOTICE of Attorney Appearance - Pro Hac Vice by Boyd Garriott on behalf of Chamber of Commerce of the United States of America, Washington Legal Foundation, National Retail Federation, Retail Litigation Center, Inc.. Filing fee $ 100, receipt number 0540-8129379. (Garriott, Boyd) |
| Filing 27 AFFIDAVIT of Service for Summons and Complaint served on all Defendants on October 26, 2020, filed by Walmart Inc.. (Attachments: #1 Affidavit Proof of Service)(Varnado, Jason) |
| Filing 26 NOTICE by Walmart Inc. re #23 Order on Motion for Leave to File Excess Pages, of Service (Varnado, Jason) |
| Filing 25 ***DEFICIENT DOCUMENT - PLEASE DISREGARD***AFFIDAVIT of Service for Summons and Complaint served on All Defendants on October 26, 2020, filed by Walmart Inc.. (Attachments: #1 Exhibit 1 to Smith Affidavit)(Varnado, Jason) Modified on 11/20/2020 (baf, ). |
| NOTICE of Deficiency regarding the AFFIDAVIT OF DAVID SMITH OF PROOF OF SERVICE submitted DOCUMENT #25 - DOCUMENT IS NOT SIGNED BY AN ATTORNEY OF RECORD. Correction should be made by ONE BUSINESS DAY (baf, ) |
| Filing 24 NOTICE of Attorney Appearance by *Kate Talmor on behalf of All Defendants (Talmor, Kate (*Modified on 11/19/2020 (saenz, ). |
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Filing 23
*** DUPLICATE DOCKET ENTRY *** ORDER granting #20 Motion for Leave to File Excess Pages. It is further ORDERED that Walmart must serve a copy of this order on Defendants no later than seven days after its issuance and must provide notice of such service to the Court. Signed by District Judge Sean D. Jordan on 11/18/2020. (las) Modified on 11/18/2020 (las).
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Filing 22
ORDER - GRANTING #20 Motion for Leave to File Excess Pages in its Motion for Partial Summary Judgment. Walmart's Motion for Partial Summary Judgment, (Dkt. #21 ), is deemed properly filed. Signed by District Judge Sean D. Jordan on 11/18/2020. (baf, )
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| ***FILED IN ERROR. (DUPLICATE ENTRY) ORDER granting #20 Motion for Leave to File Excess Pages. PLEASE IGNORE.*** (las) |
| Filing 21 MOTION for Partial Summary Judgment by Walmart Inc.. (Attachments: #1 Affidavit Declaration of Jason S. Varnado, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Text of Proposed Order Proposed Order)(Siebman, Clyde) |
| Filing 20 MOTION for Leave to File Excess Pages for Partial Summary Judgment by Walmart Inc.. (Attachments: #1 Text of Proposed Order)(Siebman, Clyde) |
| NOTICE of Deficiency regarding the MOTION FOR PARTIAL SUMMARY JUDGMENT submitted DOCUMENT #19 - DOCUMENT EXCEEDS THE PAGE LIMIT. Correction should be made by ONE BUSINESS DAY (baf, ) |
| Filing 19 ***DEFICIENT DOCUMENT - PLEASE DISREGARD*** MOTION for Partial Summary Judgment by Walmart Inc.. (Attachments: #1 Declaration of Jason S. Varnado, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Text of Proposed Order)(Varnado, Jason) Modified on 11/14/2020 (baf, ). |
| Filing 18 NOTICE by PEC for MDL 2804 of Filing of Motion to Transfer (Attachments: #1 Exhibit 1- JPML Motion to Transfer)(Weinberger, Peter) |
| Filing 17 NOTICE of Attorney Appearance - Pro Hac Vice by Peter H Weinberger on behalf of PEC for MDL 2804. Filing fee $ 100, receipt number 0540-8105848. (Weinberger, Peter) |
| NOTICE TO COUNSEL - MDL No 2804. The Clerk of the Panel has determined the listed action(s) is not appropriate for inclusion in this MDL. See Rule 7.1(b)(i). TXE/4:20-cv-00817. Signed by Clerk of the Panel John W. Nichols on 10/30/2020 (kls, ) |
| Filing 16 NOTICE of Attorney Appearance - Pro Hac Vice by Michael A. Carvin on behalf of Walmart Inc.. Filing fee $ 100, receipt number 0540-8078266. (Carvin, Michael) |
| Filing 15 NOTICE of Attorney Appearance - Pro Hac Vice by David W Ogden on behalf of Walmart Inc.. Filing fee $ 100, receipt number 0540-8077731. (Ogden, David) |
| Filing 14 NOTICE of Attorney Appearance - Pro Hac Vice by Charles C Speth on behalf of Walmart Inc.. Filing fee $ 100, receipt number 0540-8077609. (Speth, Charles) |
| Filing 13 NOTICE of Attorney Appearance - Pro Hac Vice by Jacob (Yaakov) M Roth on behalf of Walmart Inc.. Filing fee $ 100, receipt number 0540-8077566. (Roth, Jacob (Yaakov)) |
| Filing 12 NOTICE of Attorney Appearance - Pro Hac Vice by William G Laxton, Jr on behalf of Walmart Inc.. Filing fee $ 100, receipt number 0540-8077530. (Laxton, William) |
| Filing 11 NOTICE of Attorney Appearance - Pro Hac Vice by Karen P Hewitt on behalf of Walmart Inc.. Filing fee $ 100, receipt number 0540-8077497. (Hewitt, Karen) |
| Filing 10 NOTICE of Attorney Appearance - Pro Hac Vice by Benjamin Mizer on behalf of Walmart Inc.. Filing fee $ 100, receipt number 0540-8077458. (Mizer, Benjamin) |
| Filing 9 NOTICE of Attorney Appearance by Anna Rebecca Skupin on behalf of Walmart Inc. (Skupin, Anna) |
| Filing 8 NOTICE of Attorney Appearance by Elizabeth Siebman Forrest on behalf of Walmart Inc. (Forrest, Elizabeth) |
| Filing 7 NOTICE of Attorney Appearance by Clyde Moody Siebman on behalf of Walmart Inc. (Siebman, Clyde) |
| Filing 6 Summons Issued as to William P. Barr, U.S. Attorney and U.S. Attorney General (daj, ) |
| Filing 5 Summons Issued as to Timothy J. Shea, U.S. Attorney and U.S. Attorney General (daj, ) |
| Filing 4 Summons Issued as to U.S. DRUG ENFORCEMENT ADMINISTRATION, U.S. Attorney and U.S. Attorney General (daj, ) |
| Filing 3 Summons Issued as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (daj, ) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT filed by Walmart Inc. (Varnado, Jason) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0540-8068550.), filed by Walmart Inc.. (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet Attachment to Civil Cover Sheet)(Varnado, Jason) |
| Case assigned to District Judge Sean D. Jordan. (daj, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (daj, ) |
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