Eli Lilly and Company v. Empower Clinic Services, LLC
| Eli Lilly and Company |
| Empower Clinic Services, LLC d/b/a Empower Pharmacy |
| 4:2025cv03464 |
| July 25, 2025 |
| U.S. District Court for the Southern District of Texas |
| Sim Lake |
| Trademark |
| 15 U.S.C. § 1121 Trademark Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 29, 2026. A more recent docket listing may be available from PACER.
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Filing 56
RESPONSE to #54 Notice (Other) of Supplemental Authority, filed by Empower Clinic Services, LLC. (Attachments: #1 Appendix, #2 Exhibit 1 to Appendix, #3 Exhibit 2 to Appendix, #4 Exhibit 3 to Appendix, #5 Exhibit 4 to Appendix, #6 Exhibit 5 to Appendix) (Gannaway, Geoff)
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Filing 55
NOTICE of Intent to File Response in Opposition to Plaintiff's Notice of Supplemental Authority re: #54 Notice (Other) by Empower Clinic Services, LLC, filed. (Gannaway, Geoff)
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Filing 54
NOTICE of Supplemental Authority by Eli Lilly and Company, filed. (Lomeo, James)
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Filing 53
REPLY in Support of #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support, filed by Empower Clinic Services, LLC. (Attachments: #1 Exhibit Q - Declaration ISO Reply, #2 Appendix, #3 Exhibit 1 to Appendix, #4 Exhibit 2 to Appendix, #5 Exhibit 3 to Appendix, #6 Exhibit 4 to Appendix, #7 Exhibit 5 to Appendix, #8 Exhibit 6 to Appendix, #9 Exhibit 7 to Appendix, #10 Exhibit 8 to Appendix, #11 Exhibit 9 to Appendix, #12 Exhibit 10 to Appendix, #13 Exhibit 11 to Appendix, #14 Exhibit 12 to Appendix, #15 Exhibit 13 to Appendix, #16 Exhibit 14 to Appendix, #17 Exhibit 15 to Appendix, #18 Exhibit 16 to Appendix, #19 Exhibit 17 to Appendix, #20 Exhibit 18 to Appendix, #21 Exhibit 19 to Appendix, #22 Exhibit 20 to Appendix, #23 Exhibit 21 to Appendix, #24 Exhibit 22 to Appendix, #25 Exhibit 23 to Appendix, #26 Exhibit 24 to Appendix, #27 Exhibit 25 to Appendix, #28 Exhibit 26 to Appendix, #29 Exhibit 27 to Appendix, #30 Exhibit 28 to Appendix, #31 Exhibit 29 to Appendix, #32 Exhibit 30 to Appendix, #33 Exhibit 31 to Appendix) (Gannaway, Geoff)
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Filing 52
APPENDIX re: #46 Opposed MOTION to Stay Discovery by Empower Clinic Services, LLC, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17) (Gannaway, Geoff)
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Filing 51
REPLY in Support of #46 Opposed MOTION to Stay Discovery, filed by Empower Clinic Services, LLC. (Attachments: #1 Appendix of Authorities Cited in Defendant's Reply in Support of Its Motion to Stay Discovery: Cases and Briefs/Filings, #2 Exhibit 1 to Appendix, #3 Exhibit 2 to Appendix, #4 Exhibit 3 to Appendix, #5 Exhibit 4 to Appendix, #6 Exhibit 5 to Appendix, #7 Exhibit 6 to Appendix, #8 Exhibit 7 to Appendix) (Gannaway, Geoff)
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Filing 50
APPENDIX re: #49 Response in Opposition to Motion by Eli Lilly and Company, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 64, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77, #78 Exhibit 78, #79 Exhibit 79) (Lomeo, James)
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Filing 49
RESPONSE in Opposition to #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support, filed by Eli Lilly and Company. (Attachments: #1 Proposed Order) (Lomeo, James)
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Filing 48
APPENDIX re: #47 Response in Opposition to Motion by Eli Lilly and Company, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27) (Lomeo, James)
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Filing 47
RESPONSE in Opposition to #46 Opposed MOTION to Stay Discovery, filed by Eli Lilly and Company. (Attachments: #1 Declaration of James John Lomeo, #2 Exhibit A, #3 Proposed Order) (Lomeo, James)
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Filing 46
Opposed MOTION to Stay Discovery by Empower Clinic Services, LLC, filed. Motion Docket Date 11/14/2025. (Attachments: #1 Proposed Order Granting Defendant Empower Clinic Services, L.L.C. d/b/a Empower Pharmacy's Motion to Stay Discovery) (Gannaway, Geoff)
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Filing 45
CLERKS NOTICE OF CANCELLATION - *** Initial Pretrial and Scheduling Conference set on October 31, 2025 at 2:00pm is CANCELED *** CANCELED. Parties notified, filed. (sra4)
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Filing 44
DOCKET CONTROL ORDER Motions to Amend Pleadings due by 6/5/2026. Defensive Expert Report due by 12/4/2026. Discovery due by 1/22/2027. Dispositive Motion Filing due by 3/5/2027. Motions to add new Parties due by 6/5/2026 Joint Pretrial Order due by 7/2/2027. Mediation due by 2/5/2027. All other Pretrial Motions including Motions in Limine due by 5/28/2027. Affirmative Expert Report due by 11/6/2026. Docket Call set for 7/9/2027 at 02:30 PM in Courtroom 9B before Judge Sim Lake (Signed by Judge Sim Lake) Parties notified. (jld4)
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Filing 43
JOINT DISCOVERY/CASE MANAGEMENT PLAN by Eli Lilly and Company, filed. (Attachments: #1 Exhibit - Proposed Docket Control Order) (Temchenko, Eugene)
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Filing 42
RETURN of Service of SUMMONS Executed as to Empower Clinic Services, LLC served on 7/29/2025, answer due 8/19/2025, filed. (Lomeo, James)
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Filing 41
ORDER granting #39 Motion for Karla L Palmer to Appear Pro Hac Vice Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Sim Lake) Parties notified. (jld4)
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Filing 40
SEALED EXHIBITS N re: #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support by Empower Clinic Services, LLC, filed. (Gannaway, Geoff)
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Filing 39
MOTION to Appear Pro Hac Vice for Karla L. Palmer (Fee Paid: $100, receipt number ATXSDC-34227256) by Empower Clinic Services, LLC, filed. Motion Docket Date 10/21/2025. (Palmer, Karla)
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Filing 38
ORDER - Granting #31 Motion for Rachael G. Pontikes to Appear Pro Hac Vice for Empower Clinic Services, LLC. Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here. (Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 37
ORDER - Granting #30 Motion for Shannon E. McClure to Appear Pro Hac Vice for Empower Clinic Services, LLC Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here. (Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 36
ORDER - Granting #33 Unopposed MOTION to Seal Exhibit N to Defendant's Motion to Dismiss for Failure to State a Claim. (Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 35
APPENDIX re: #34 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support by Empower Clinic Services, LLC, filed. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44, #45 Exhibit 45, #46 Exhibit 46, #47 Exhibit 47, #48 Exhibit 48, #49 Exhibit 49, #50 Exhibit 50, #51 Exhibit 51, #52 Exhibit 52, #53 Exhibit 53, #54 Exhibit 54, #55 Exhibit 55, #56 Exhibit 56, #57 Exhibit 57, #58 Exhibit 58, #59 Exhibit 59, #60 Exhibit 60, #61 Exhibit 61, #62 Exhibit 62, #63 Exhibit 63, #64 Exhibit 64, #65 Exhibit 65, #66 Exhibit 66, #67 Exhibit 67, #68 Exhibit 68, #69 Exhibit 69, #70 Exhibit 70, #71 Exhibit 71, #72 Exhibit 72, #73 Exhibit 73, #74 Exhibit 74, #75 Exhibit 75, #76 Exhibit 76, #77 Exhibit 77) (Gannaway, Geoff)
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Filing 34
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support by Empower Clinic Services, LLC, filed. Motion Docket Date 10/20/2025. (Attachments: #1 Affidavit /Declaration of Susan Dewey Regarding Exhibits to Motion to Dismiss, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Proposed Order Granting Defendant's Motion to Dismiss for Failure to State a Claim) (Gannaway, Geoff)
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Filing 33
Unopposed MOTION to Seal Exhibit N to Defendant's Motion to Dismiss for Failure to State a Claim by Empower Clinic Services, LLC, filed. Motion Docket Date 10/20/2025. (Attachments: #1 Proposed Order Granting Defendant's Unopposed Motion to Seal Exhibit N to Defendant's Motion to Dismiss for Failure to State a Claim) (Gannaway, Geoff)
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Filing 32
CORPORATE DISCLOSURE STATEMENT by Empower Clinic Services, LLC, filed. (Gannaway, Geoff)
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Filing 31
MOTION to Appear Pro Hac Vice for Rachael G. Pontikes (Fee Paid: $100, receipt number ATXSDC-33961396) by Empower Clinic Services, LLC, filed. Motion Docket Date 9/8/2025. (Gannaway, Geoff)
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Filing 30
MOTION to Appear Pro Hac Vice for Shannon E. McClure (Fee Paid: $100, receipt number ATXSDC-33961352) by Empower Clinic Services, LLC, filed. Motion Docket Date 9/8/2025. (Gannaway, Geoff)
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Filing 29
CERTIFICATE OF INTERESTED PARTIES by Eli Lilly and Company, filed. (Lomeo, James)
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Filing 28
ORDER - Granting #27 Joint MOTION for Extension of Time to Extend Responsive Pleading Deadline ( Dft's Answer due by 9/29/2025, Dispositive Motion due by 9/29/2029, Response due by 11/17/2025, Reply due by 12/15/2025). (Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 27
Joint MOTION for Extension of Time to Extend Responsive Pleading Deadline by Empower Clinic Services, LLC, filed. Motion Docket Date 8/28/2025. (Attachments: #1 Proposed Order) (Gannaway, Geoff)
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Filing 26
ORDER - Granting #16 Motion for Nicholas Maurice Ruge to Appear Pro Hac Vice for Eli Lilly and Company. Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 25
ORDER - Granting #12 Motion for Ryan J. Moorman to Appear Pro Hac Vice for Eli Lilly and Company. Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 24
ORDER - Granting #11 Motion for Robin A. McCue to Appear Pro Hac Vice for Eli Lilly and Company. Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 23
ORDER - Granting #10 Motion for Jeanna M. Wacker to Appear Pro Hac Vice for Eli Lilly and Company. Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 22
ORDER - Granting #9 Motion for Joshua L. Simmons to Appear Pro Hac Vice for Eli Lilly and Company. Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 21
ORDER - Granting #8 Motion for James F. Hurst to Appear Pro Hac Vice for Eli Lilly and Company. Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 20
ORDER - Granting #7 Motion for James R.P. Hileman to Appear Pro Hac Vice for Eli Lilly and Company. Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 19
ORDER - Granting #6 Motion for Diana M. Watral to Appear Pro Hac Vice for Eli Lilly and Company. Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 18
ORDER - Granting #5 Motion for David I. Horowitz to Appear Pro Hac Vice for Eli Lilly and Company. Note: Instructions to request Texas Southern CM/ECF registration through PACER are found #here.(Signed by Judge Sim Lake) Parties notified. (sra4)
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Filing 17
Summons Issued as to Empower Clinic Services, LLC. Issued summons delivered to plaintiff by NEF, filed. (jlm4)
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Filing 16
MOTION to Appear Pro Hac Vice for Nicholas Maurice Ruge (Fee Paid: $100, receipt number ATXSDC-33833859) by Eli Lilly and Company, filed. Motion Docket Date 8/18/2025. (Ruge, Nicholas)
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Filing 15
US Patent and Trademark Office Notified. AO 120, filed. (Attachments: #1 Complaint) (bmn4)
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Filing 14
ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 10/31/2025 at 02:00 PM in Courtroom 9B before Judge Sim Lake. (Signed by Judge Sim Lake) Parties notified. (bmn4)
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Filing 13
CLERKS NOTICE Regarding Consent to Jurisdiction of Magistrate Judge. Parties notified, filed. (bmn4)
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Referral Judge Selected: Magistrate Judge Peter Bray randomly selected to receive referrals. The selected Magistrate Judge is not assigned to this case until a District Judge refers the case or a motion or the parties consent to jurisdiction of the Magistrate Judge. Once a referral has been made, the name of the referral judge will appear at the top of the docket sheet. (bmn4)
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Filing 12
MOTION to Appear Pro Hac Vice for Ryan J. Moorman (Fee Paid: $100, receipt number ATXSDC-33828372) by Eli Lilly and Company, filed. Motion Docket Date 8/15/2025. (Moorman, Ryan)
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Filing 11
MOTION to Appear Pro Hac Vice for Robin A. McCue (Fee Paid: $100, receipt number ATXSDC-33828368) by Eli Lilly and Company, filed. Motion Docket Date 8/15/2025. (McCue, Robin)
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Filing 10
MOTION to Appear Pro Hac Vice for Jeanna M. Wacker (Fee Paid: $100, receipt number ATXSDC-33828357) by Eli Lilly and Company, filed. Motion Docket Date 8/15/2025. (Wacker, Jeanna)
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Filing 9
MOTION to Appear Pro Hac Vice for Joshua L. Simmons (Fee Paid: $100, receipt number ATXSDC-33828353) by Eli Lilly and Company, filed. Motion Docket Date 8/15/2025. (Simmons, Joshua)
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Filing 8
MOTION to Appear Pro Hac Vice for James F. Hurst (Fee Paid: $100, receipt number ATXSDC-33828351) by Eli Lilly and Company, filed. Motion Docket Date 8/15/2025. (Hurst, James)
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Filing 7
MOTION to Appear Pro Hac Vice for James R.P. Hileman (Fee Paid: $100, receipt number ATXSDC-33828348) by Eli Lilly and Company, filed. Motion Docket Date 8/15/2025. (Hileman, James)
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Filing 6
MOTION to Appear Pro Hac Vice for Diana M. Watral (Fee Paid: $100, receipt number ATXSDC-33828346) by Eli Lilly and Company, filed. Motion Docket Date 8/15/2025. (Watral, Diana)
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Filing 5
MOTION to Appear Pro Hac Vice for David I. Horowitz (Fee Paid: $100, receipt number ATXSDC-33828342) by Eli Lilly and Company, filed. Motion Docket Date 8/15/2025. (Horowitz, David)
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Filing 4
NOTICE of Related Cases by Eli Lilly and Company, filed. (Lomeo, James)
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Filing 3
Request for Issuance of Summons as to Empower Clinic Services, LLC, filed. (Lomeo, James)
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Filing 2
CORPORATE DISCLOSURE STATEMENT by Eli Lilly and Company, filed. (Lomeo, James)
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Filing 1
COMPLAINT against Empower Clinic Services, LLC (Filing fee $ 405 receipt number ATXSDC-33828328) filed by Eli Lilly and Company. (Attachments: #1 Civil Cover Sheet) (Lomeo, James)
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