Smarr v. CVS Health Corporation et al
| Smarr Jimmey and Jimmey Smarr |
| CVS Health Corporation, Aetna Health Inc., Silverscript Insurance Company, Aetna Health Inc, CVS Silverscript and CVS Caremark |
| 3:2023cv01037 |
| May 9, 2023 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Torts/Pers Inj: Health Care/Pharmaceutical Pers Inj/Product Liability |
| 28 U.S.C. ยง 1441 Petition for Removal- Personal Injury |
| Plaintiff |
Docket Report
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Filing 8
ORDER - The Court hereby DISMISSES the claims against Defendant Health Inc. without prejudice. See Alviar v. Lillard, 854 F.3d 286, 29192 (5th Cir. 2017). (Ordered by Judge Ed Kinkeade on 6/1/2023) (chmb)
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| Filing 7 Brief/Memorandum in Support filed by Jimmey Smarr re #1 NOTICE OF REMOVAL (Aldous, Steven) Modified text on 6/2/2023 (acm). |
| Filing 6 AMENDED NOTICE OF REMOVAL WITH JURY DEMAND against Jimmey Smarr filed by Silverscript Insurance Company. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) A- Index of State Court Filings, #2 Exhibit(s) 1- The State Court's Docket Sheet, #3 Exhibit(s) 2- Plaintiff's Original Petition, #4 Exhibit(s) 3- Return of Service for CVS Caremark, #5 Exhibit(s) 4- Return of Service for CVS Silverscript, #6 Exhibit(s) 5- Return of Service for CVS Health Corporation, #7 Exhibit(s) 6- Return of Service of Aetna Health, Inc., #8 Exhibit(s) 7- Plaintiff's First Amended Petition, #9 Exhibit(s) 8- Aetna Health's Original Answer & Verification, #10 Exhibit(s) 9- Special Appearance of CVS Health Corporation, #11 Exhibit(s) 10- Subject to its Special Appearance, CVS Health Corp's Motion to Transfer Venue, #12 Exhibit(s) 11- Subject to its Special Appearance and Motion to Transfer Venue, CVS Health Corp's Original Answer, #13 Exhibit(s) 12- 162nd Uniform Scheduling Order (Level 3), #14 Exhibit(s) 13- Silverscript Insurance Company's Motion to Transfer Venue, #15 Exhibit(s) 14- Subject to its Motion to Transfer Venue, Silverscript Insurance Company Original Answer, #16 Exhibit(s) 15- Subject to its Motion to Transfer Venue, Silverscript Insurance Company's First Amended Petition, #17 Exhibit(s) 16- Subject to Its Special Appearance and Motion to Transfer Venue, CVS Health Corporation's First Amended Answer to Plaintiff's First Amended Petition, #18 Exhibit(s) 17- Aetna Health's Inc's First Amended Answer and Verified Denial to Plaintiff's First Amended Petition, #19 Exhibit(s) 18- Silverscript Insurance Company's Notice of Filing Notice of Removal, #20 Exhibit(s) B- Civil Cover Sheet, #21 Exhibit(s) C- Supplemental Coversheet, #22 Exhibit(s) D- Silverscript 2020 Evidence of Coverage with Declaration, #23 Exhibit(s) E- CVS Health Corporation's Consent to Removal, #24 Exhibit(s) F- Aetna Health's Consent to Removal, #25 Exhibit(s) G- TDI Public Records of Insurance License, #26 Exhibit(s) H- Texas Secretary of State Court Filings) (Scully, John) Modified event text on 5/19/2023 (acm). |
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Filing 5
ORDER: SilverScript may amend its Notice of Removal to adequately allege Plaintiff's citizenship by May 17, 2023. Failure to do so will result in remand without further notice. The Court ORDERS Plaintiff to file a brief by May 31, 2023 addressing (1) whether Aetna was improperly joined to this action and (2) the effect, if any, on this Court's subject-matter jurisdiction. SilverScript may file a response within 14 days of Plaintiff's brief. Plaintiff may not file a reply unless otherwise ordered by the Court. The Court VACATES its Order Requiring Scheduling Conference and Report for Contents of Scheduling Order (Doc. No. 4). (Ordered by Judge Ed Kinkeade on 5/10/2023) (chmb)
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Filing 4
***VACATED PER #5 ORDER***ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER. (Ordered by Judge Ed Kinkeade on 5/10/2023) (chmb) Modified on 5/10/2023 (ykp).
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| Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (agc) |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Silverscript Insurance Company. (Clerk QC note: Affiliate entry indicated). (Scully, John) |
| Filing 1 NOTICE OF REMOVAL WITH JURY DEMAND filed by Silverscript Insurance Company. (Filing fee $402; receipt number ATXNDC-13727880) In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Cover Sheet Supplement, #3 Exhibit(s)) (Scully, John) |
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