Blue Mint Pharmco, LLC et al v. Texas State Board of Pharmacy et al
| Blue Mint Pharmco, LLC and Jona Rushin, R.Ph. |
| Texas State Board of Pharmacy, Julie Spier, R.Ph., Lori Henke, Pharm.D., Rick Fernandez, R.Ph., Donnie Lewis, R.Ph., Jenny Downing Yoakum, R.Ph., Daniel Guerrero, Bradley Miller, Ph.T.R., Donna Montemayor, R.Ph., Ian Shaw, Suzette Tijerina, R.Ph., Rick Tisch and Tim Tucker, R.Ph. |
| 4:2022cv00561 |
| February 21, 2022 |
| US District Court for the Southern District of Texas |
| George C Hanks |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 30, 2023. A more recent docket listing may be available from PACER.
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Filing 30
FINAL JUDGMENT. Case terminated on 3/30/2023. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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Filing 29
MEMORANDUM OPINION AND ORDER granting #20 MOTION to Dismiss. Plaintiffs claims for injunctive and declaratory relief are DISMISSED WITHOUT PREJUDICE. Plaintiffs claims for money damages against the individual members of the Texas State Board of Pharmacy in their individual capacities are DISMISSED WITH PREJUDICE. Plaintiffs claims for money damages against the Texas State Board of Pharmacy and against the individual members of the Texas State Board of Pharmacy in their official capacities are DISMISSED WITHOUT PREJUDICE. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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Filing 28
NOTICE -Vacation Letter by Rick Fernandez, R.Ph., Daniel Guerrero, Lori Henke, Pharm.D., Donnie Lewis, R.Ph., Bradley Miller, Ph.T.R., Donna Montemayor, R.Ph., Ian Shaw, Julie Spier, R.Ph., Texas State Board of Pharmacy, Suzette Tijerina, R.Ph., Rick Tisch, Tim Tucker, R.Ph., Jenny Downing Yoakum, R.Ph., filed. (Collins, Allison)
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Filing 27
REPLY in Support of #20 MOTION to Dismiss , filed by Rick Fernandez, R.Ph., Daniel Guerrero, Lori Henke, Pharm.D., Donnie Lewis, R.Ph., Bradley Miller, Ph.T.R., Donna Montemayor, R.Ph., Ian Shaw, Julie Spier, R.Ph., Texas State Board of Pharmacy, Suzette Tijerina, R.Ph., Rick Tisch, Tim Tucker, R.Ph., Jenny Downing Yoakum, R.Ph.. (Attachments: #1 Exhibit Ex. A)(Collins, Allison)
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Filing 26
DOCKET CONTROL ORDER. ETT: 4-5 days. Pltf Expert Witness List due by 7/16/2023. Pltf Expert Report due by 7/16/2023. Deft Expert Witness List due by 8/19/2023. Deft Expert Report due by 8/19/2023. Discovery due by 9/22/2023. Dispositive Motion Filing due by 9/29/2023. Non-Dispositive Motion Filing due by 11/17/2023. Joint Pretrial Order and Motions in Limine due by 1/5/2024. Docket Call set for 1/12/2024 at 03:00 PM in Courtroom 600 in Houston before Judge George C Hanks Jr(Signed by Magistrate Judge Andrew M Edison) Parties notified.(CynthiaBenavides, 3)
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Minute Entry for proceedings held before Magistrate Judge Andrew M Edison on July 20, 2022. Initial Conference held. Docket Control Order to be entered. Appearances: Michael Tran for Plaintiff, Allison Collins for Defendant Tx State Board of Pharmacy. (ERO: yes) (rcastro, 4)
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Filing 25
ORDER granting #24 Motion for Extension of Time to file Reply. (Reply in Support due by 7/26/2022). (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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Filing 24
Unopposed MOTION for Extension of Time to file Reply Brief by Rick Fernandez, R.Ph., Daniel Guerrero, Lori Henke, Pharm.D., Donnie Lewis, R.Ph., Bradley Miller, Ph.T.R., Donna Montemayor, R.Ph., Ian Shaw, Julie Spier, R.Ph., Texas State Board of Pharmacy, Suzette Tijerina, R.Ph., Rick Tisch, Tim Tucker, R.Ph., Jenny Downing Yoakum, R.Ph., filed. Motion Docket Date 8/2/2022. (Attachments: #1 Proposed Order)(Collins, Allison)
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Filing 23
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Blue Mint Pharmco, LLC, Jona Rushin, R.Ph., filed.(Khouri, Michael)
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Filing 22
RESPONSE in Opposition to #20 MOTION to Dismiss , filed by Blue Mint Pharmco, LLC, Jona Rushin, R.Ph.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Khouri, Michael)
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Filing 21
BRIEF in Support re: #20 MOTION to Dismiss by Rick Fernandez, R.Ph., Daniel Guerrero, Lori Henke, Pharm.D., Donnie Lewis, R.Ph., Bradley Miller, Ph.T.R., Donna Montemayor, R.Ph., Ian Shaw, Julie Spier, R.Ph., Texas State Board of Pharmacy, Suzette Tijerina, R.Ph., Rick Tisch, Tim Tucker, R.Ph., Jenny Downing Yoakum, R.Ph., filed. (Attachments: #1 Ex. A, #2 Ex. B, #3 Ex. C, #4 Ex. D, #5 Ex. E, #6 Ex. F)(Collins, Allison)
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Filing 20
MOTION to Dismiss by Rick Fernandez, R.Ph., Daniel Guerrero, Lori Henke, Pharm.D., Christopher D Hilton, Donnie Lewis, R.Ph., Bradley Miller, Ph.T.R., Donna Montemayor, R.Ph., Ken Paxton, Ian Shaw, Julie Spier, R.Ph., Texas State Board of Pharmacy, Suzette Tijerina, R.Ph., Rick Tisch, Tim Tucker, R.Ph., Brent Webster, Jenny Downing Yoakum, R.Ph., filed. Motion Docket Date 7/7/2022. (Collins, Allison)
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Minute Entry for proceeding held before Magistrate Judge Andrew M Edison on May 3, 2022. Pre-motion Conference held (re dkt #17 ). Plaintiff is granted leave to amend complaint, which must be done by 5/20/22; Defendants must file an Answer or motion to dismiss by 6/17/22. In the event an amended complaint is filed, Defendants do not need to file a pre-motion request before filing their motion to dismiss. Plaintiff's response to the motion to dismiss is due on 7/8/22. Defendant's reply in support of the motion to dismiss is due 7/15/22. Appearances: Michael Tran for Plaintiff, Allison Collins for Defendants. (Court Reporter: L. Wells), filed.(rcastro, 4)
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Filing 19
NOTICE of Setting re: #17 REQUEST for pre-motion conference. Parties notified. Pre-Motion Conference set for 5/3/2022 at 09:30 AM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 4)
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Filing 18
NOTICE of Referral of Motion to Magistrate Judge Andrew Edison re: #17 REQUEST for pre-motion conference, filed. (bthomas, 4)
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Filing 17
REQUEST for pre-motion conference, filed.(Collins, Allison)
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Filing 16
ORDER granting #15 Motion for Michael Tran to Appear Pro Hac Vice. (Signed by Judge George C Hanks, Jr) Parties notified. (bthomas, 4)
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Filing 15
MOTION for Michael Tran to Appear Pro Hac Vice by Blue Mint Pharmco, LLC, Jona Rushin, R.Ph., filed. Motion Docket Date 4/26/2022. (MarcelleLaBee, 4)
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Filing 14
CERTIFICATE OF INTERESTED PARTIES by Rick Fernandez, R.Ph., Daniel Guerrero, Lori Henke, Pharm.D., Donnie Lewis, R.Ph., Bradley Miller, Ph.T.R., Donna Montemayor, R.Ph., Ian Shaw, Julie Spier, R.Ph., Texas State Board of Pharmacy, Suzette Tijerina, R.Ph., Rick Tisch, Tim Tucker, R.Ph., Jenny Downing Yoakum, R.Ph., filed.(Collins, Allison)
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Filing 13
ORDER granting #12 Motion for Allison Collins to Appear Pro Hac Vice. (Signed by Judge George C Hanks, Jr) Parties notified.(bthomas, 4)
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Filing 12
MOTION for Allison M. Collins to Appear Pro Hac Vice by Rick Fernandez, R.Ph., Daniel Guerrero, Lori Henke, Pharm.D., Donnie Lewis, R.Ph., Bradley Miller, Ph.T.R., Donna Montemayor, R.Ph., Ian Shaw, Julie Spier, R.Ph., Texas State Board of Pharmacy, Suzette Tijerina, R.Ph., Rick Tisch, Tim Tucker, R.Ph., Jenny Downing Yoakum, R.Ph., filed. Motion Docket Date 4/5/2022. (Attachments: #1 Prop Order)(Collins, Allison)
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Filing 11
CERTIFICATE OF INTERESTED PARTIES by Blue Mint Pharmco, LLC, Jona Rushin, R.Ph., filed.(Khouri, Michael)
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Filing 10
NOTICE of Setting as to #8 Order for Initial Conference - FORM,. Parties notified. Initial Conference re-set for 7/20/2022 at 09:00 AM by video before Magistrate Judge Andrew M Edison, filed. (rcastro, 4)
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The above entitled action is assigned to United States District Judge George C. Hanks, Jr. Attorneys and Pro Se individuals are responsible for complying with this Court's rules and procedures, specifically, under Rule 6. Motion Practice. B. Pre-Motion Conferences Required for Particular Motions. Please download and review the individual practices of the assigned District Judge, located at: https://www.txs.uscourts.gov/sites/txs/files/GCH_Court_Procedures.pdf. (Note: If clicking the link does not work, you can copy/paste the url into your web browser address bar to view the procedures.) (bthomas, 4)
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Filing 9
Summons Issued as to All Defendants. Issued summons delivered to plaintiff by NEF, filed.(ShannonHolden, 4)
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Filing 8
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/29/2022 at 09:00 AM in Courtroom 600 in Houston before Magistrate Judge Andrew M Edison. (Signed by Judge George C Hanks, Jr) Parties notified.(RachelWillborg, 4)
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Filing 7
Request for Issuance of Summons as to All Defendants, filed. (Attachments: #1 Continuation Summons, #2 Continuation Summons, #3 Continuation Summons, #4 Continuation Summons, #5 Continuation Summons, #6 Continuation Summons, #7 Continuation Summons, #8 Continuation Summons, #9 Continuation Summons, #10 Continuation Summons, #11 Continuation Summons, #12 Continuation Summons)(Khouri, Michael)
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Filing 6
Summons Not Issued as to All Defendants due to these deficiencies: Name/Address of Plaintiff Attorney or Plaintiff not present. Attorney or Plaintiff notified of deficiencies by NEF, filed. (RachelWillborg, 4)
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Filing 5
Request for Issuance of Summons as to Lori Henke, Pharm.D., Donnie Lewis, R.Ph., Bradley Miller, Ph.T.R., Donna Montemayor, R.Ph., Jona Rushin, R.Ph., Ian Shaw, Julie Spier, R.Ph., Suzette Tijerina, R.Ph., Rick Tisch, Tim Tucker, R.Ph., Jenny Downing Yoakum, R.Ph., filed. (Attachments: #1 Continuation, #2 Continuation, #3 Continuation, #4 Continuation, #5 Continuation, #6 Continuation, #7 Continuation, #8 Continuation, #9 Continuation)(Khouri, Michael)
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Filing 4
Request for Issuance of Summons as to Daniel Guerrero, filed.(Khouri, Michael)
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Filing 3
Request for Issuance of Summons as to Rick Fernandez, R.Ph., filed.(Khouri, Michael)
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Filing 2
Request for Issuance of Summons as to Texas State Board of Pharmacy, filed.(Khouri, Michael)
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Filing 1
COMPLAINT against All Defendants (Filing fee $ 402 receipt number ATXSDC-27776029) filed by Jona Rushin, R.Ph., Blue Mint Pharmco, LLC. (Attachments: #1 Civil Cover Sheet)(Khouri, Michael)
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