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15-970 - MIMMS ET AL. v. CVS PHARMACY, INC.


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15-970 - MIMMS ET AL. v. CVS PHARMACY, INC.
October 1, 2015
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REPORT AND RECOMMENDATION re 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Or Alternatively For A More Definite Statement filed by CVS PHARMACY, INC. Signed by Magistrate Judge Mark J. Dinsmore on 10/1/2015.(SWM)
October 22, 2015
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ORDER ADOPTING REPORT AND RECOMMENDATIONS for 10 Motion to Dismiss for Failure to State a Claim filed by CVS PHARMACY, INC., 21 Report and Recommendations. Signed by Judge Tanya Walton Pratt on 10/22/2015.(JLS) (Main Document 28 replaced on 10/26/2015) (TRG).
January 3, 2017
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Signed by Judge Tanya Walton Pratt on 1/3/2017. (JLS)ENTRY ON PENDING MOTIONS - For the reasons stated above, Dr. Mimms' Motion for Partial Summary Judgment (Filing No. 71), and CVS's Motion for Summary Judgment (Filing No. 74), are GRANTED in part and DENIED in part. Dr. Mimms' Motion to Strike ( Filing No. 58) is DENIED. CVS's Motion for Leave to Amend its Witness and Exhibit Lists (Filing No. 127) is GRANTED and CVS's Motion to Supplement Summary Judgment Record (Filing No. 130) is DENIED. (See Entry.)
February 23, 2017
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ENTRY ON MOTION FOR PARTIAL RECONSIDERATION - For the aforementioned reasons, CVS's Request for Summary Ruling (Filing No. 157) is GRANTED. The Court GRANTS in part and DENIES in part CVS's Motion for Partial Reconsideration (Filing No. 150). The Court vacates its prior order and finds that Dr. Mimms has not proven actual malice regarding the statements made to Cynthia Miller, William Miller, David Seeman, and Jerame Smith. Accordingly, CVS's Motion for Summary Judgment on Dr. Mimms' defamation claim as it relates to Jerame Smith, Mr. Seeman, and Mr. and Mrs. Miller is GRANTED, and Dr. Mimms' Motion for summary judgment on these claims is DENIED. In addition, the Court clarifies that qualified privilege does not apply to either CVS's pharmacy technicians or pharmacists; accordingly, CVS's Motion for Reconsideration on the issue of qualified privilege is DENIED. (See Entry.). Signed by Judge Tanya Walton Pratt on 2/23/2017. (JLS)
February 24, 2017
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ENTRY ON PENDING MOTIONS - For the aforementioned reasons, the Court GRANTS CVS's Motion for Leave to Take Videotaped Trial Deposition (Filing No. 168), DENIES as moot CVS's Motion to Amend Final Witness List (Filing No. 172), and GRANTS Dr. Mimms' Motion to Take Deposition (Filing No. 195. (See Entry.) Signed by Judge Tanya Walton Pratt on 2/24/2017. (JLS)
February 27, 2017
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ORDER ON PARTIES' MOTIONS IN LIMINE - For the reasons stated above, the parties' respective Motions in Limine (Filing No. 158 and Filing No. 175) are GRANTED in part and DENIED in part. An order in limine is not a final, appealable order. Denial of the motions in limine in this Order does not prevent either party from raising an objection at trial. During the course of the trial, if either party believes that evidence being offered is inadmissible or irrelevant, counsel may approach the bench and request a hearing outside the presence of the jury. (See Order.) Signed by Judge Tanya Walton Pratt on 2/27/2017. (JLS)
March 15, 2017
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ORDER ON DEFENDANT'S SECOND MOTION FOR PARTIAL RECONSIDERATION AND PLAINTIFF'S MOTION FOR RECONSIDERATION OF ENTRY ON MOTION FOR PARTIAL RECONSIDERATION - For the aforementioned reasons, CVS's second Motion for Partial Reconsideration (Filing No. 220) is DENIED. In addition, Dr. Mimms' Motion for Reconsideration of Entry on Motion for Partial Reconsideration (Dkt. 211), (Filing No. 248), is DENIED. The issues remaining for trial are the defamation claim with respect to Terry McIntosh's, Judith Mason's, Kim Petro's and Deborah Doyle-Blanton's respective testimonies that a CVS employee stated: 1) "CVS doesn't fill Dr. Mimms' prescriptions or prescriptions for any other pill mills;" 2) "Dr. Mimms is under DEA investigation;" 3) "Dr. Mimms went to jail;" and 4) "Dr. Mimms has been...or will be arrested" and whether the defamatory statements were made with malice, as well as Dr. Mimms' claims for damages. (See Order.) Signed by Judge Tanya Walton Pratt on 3/15/2017. (JLS) Modified on 3/15/2017 (JLS). (Main Document 250 replaced on 3/15/2017) (JLS).
March 22, 2017
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ENTRY ON DEFENDANT'S MOTION FOR SUMMARY JUDGMENT AS TO THE STATEMENTS ALLEGED BY PLAINITIFF'S WITNESS BETSY WINTERS - For the reasons stated above, the Court GRANTS CVS's Motion for Summary Judgment as to the Statements Alleged by Plaintiff's Witness BW. (Filing No. 240). Dr. Mimms failure to include evidence as to Winters' testimony in his Complaint and summary judgment pleadings is fatal to this claim. In addition, when viewing the facts in light most favorable to Dr. Mimms, the statement "something about a license issue" does not amount to a communication with a defamatory imputation and Dr. Mimms has not presented sufficient evidence of special damages to establish a defamation per quod claim. (See Entry.) Signed by Judge Tanya Walton Pratt on 3/22/2017. (JLS)
March 28, 2017
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ENTRY ON PARTIES' OBJECTIONS TO THE VIDEO TRIAL DEPOSITION OF CLINT THOMAS - On March 24, 2017, the parties filed designations and objections to the video trial deposition of Clint Thomas. (Filing No. 270.) Plaintiff Anthony Mimms ("Dr. Mimms") objected to six portions of the video deposition and Defendant CVS Pharmacy, Inc. ("CVS") objected to one portion. Accordingly, the sustained portions of the deposition should be stricken from the video. (See Entry.) Signed by Judge Tanya Walton Pratt on 3/28/2017.(JLS)