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14-1858 - HM Compounding Services LLC et al v. Express Scripts, Inc. et al


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14-1858 - HM Compounding Services LLC et al v. Express Scripts, Inc. et al
October 27, 2014
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MEMORANDUM OF DECISION AND ORDER; In sum, the Court denies Caremarks motion to strike in its entirety Camhis declaration submitted in support of HMCs opposition to Caremarks motion to sever HMCs claims against Caremark and to compel arbitration of those claims. (Doc No. 91). The Court grants in part and denies in part Caremarks motion to sever HMCs claims against it and to compel arbitration of those claims (Doc No. 29). The Court grants in part and denies in part Optums motion to sever HMCs claims against it and to compel arbitration of those claims. (Doc No. 38). The Court also grants in part and denies in part Primes motion to sever HMCs claims against it and to compel arbitration of those claims. (Doc No. 59.) The Court grants ESIs motion to sever HMCs claims against it and transfer those claims to the United States District Court for the Eastern District of Missouri, pursuant to 28 U.S.C. ยง 1404(a) and the forum selection clause in the ESI Provider Agreement. (Doc No. 11). The Court stays the entire action, including the claims brought by the Individual Plaintiffs, pursuant to Section 3 of the FAA. The Court denies HMCs letter motion dated October 14, 2014 (Doc No. 99) without prejudice for the reasons explained in Part II(6) of this Memorandum of Decision and Order. Finally, that part of the October 3, 2014 TRO applicable to the Individual Plaintiffs will remain in place pending arbitration, and that part of the October 3, 2014 TRO applicable to HMC is extended until such time as the respective arbitrator hears and determines any application for injunctive relief. Any requests to revisit the terms should be directed to the appropriate arbitrator, or, with respect to ESI, the federal district court in Missouri.The Court recognizes that severing HMCs claims against Caremark, Optum, and Prime and submitting them to arbitration and severing and transferring HMCs claims against ESI to the federal district court in Missouri may lead to inconsistent results. Further, if one or more of the arbitrators deems the relevant Provider Agreement to be contracts of adhesion or finds that HMCs respective claims are not arbitrable, HMC would only have the opportunity to start at square one in this Court. It is always more expeditious to try related claims in one forum rather than several, but allowing efficiency and economy to rule the day would effectively swallow Atlantic Marines holding in every case with multiple defendants. Valspar Corp., 2014 WL 1607584, at *4. Furthermore, the Court finds that HMC, a sophisticated corporate entity, assumed these risks when it entered into the relevant arbitration provisions and forum selection clause. See "Decision" for further details. So Ordered by Judge Arthur D. Spatt on 10/27/2014. (Coleman, Laurie)
November 7, 2014
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MEMORANDUM AND ORDER re:111 IT IS HEREBY ORDERED that Plaintiff HM Compounding Services, LLCs Emergency Motion for Additional Time to File Responsive Pleading 111 is GRANTED in part. HM Compounding is granted an extension of fifteen (15) days, up to and including November 25, 2014 to file its response to Express Scripts motion to dismiss. Signed by District Judge John A. Ross on 11/7/14. (ARL)
July 9, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Express Scripts' Motion to Dismiss Plaintiffs' First Amended Complaint 129 is GRANTED in part. Counts III, IV and VI are dismissed. In all other respects the motion is DENIED. IT IS FURTHER ORDERED that Defendant Express Scripts' Motion to Dissolve the Temporary Restraining Order 153 is DENIED. IT IS FURTHER ORDERED that Defendant Express Scripts' Motion for Temporary Stay of Discovery and Protective Order 157 is DENIED as moot. IT IS FURTHER ORDERED that Plaintiffs' Motion for Civil Contempt 169 is DENIED. IT IS FURTHER ORDERED that a Rule 16 conference will be set by separate order.. Signed by District Judge John A. Ross on 7/9/15. (LGK)
September 3, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion to Stay Briefing on Summary Judgment 202 is GRANTED in part. The parties are granted 90 days from the date of this Order to conduct phased discovery on the issues raised in Defendants Motion for Partial Summary Judgment. No third party discovery will be conducted at this time without further order of the Court. IT IS FURTHER ORDERED that a Case Management Order will be entered in this matter at a later point in time.. Signed by District Judge John A. Ross on 9/3/15. (LGK)
November 18, 2015
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MEMORANDUM AND ORDER: Accordingly, IT IS HEREBY ORDERED that the Motion to Withdraw as Counsel [211] is GRANTED. IT IS FURTHER ORDERED that Plaintiffs Motion for Temporary Stay of Discovery and Deadlines [213] is GRANTED in part. Discovery and all deadlines in this matter are stayed for thirty (30) days, up to and including Friday, December 18, 2015. Signed by District Judge John A. Ross on 11/18/15. (JAB)
March 16, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Precision Plaintiffs Motion to Join Cases For Pretrial Purposes 241 is DENIED. Signed by District Judge John A. Ross on 3/16/2016. (KMS)
May 6, 2016
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs' Motion to Compel Defendant Express Scripts, Inc. to Produce Documents 235 is GRANTED in part in accordance with the rulings herein. IT IS FURTHER ORDERED that Defendant Express Scripts, Inc.'s Motion for Reconsideration 236 is DENIED without prejudice. IT IS FINALLY ORDERED that Plaintiffs' Motion for Relief Pursuant to Rule 56 (d) 259 is DENIED.. Signed by District Judge John A. Ross on 5/6/16. (KKS)
May 24, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs' Motion for Extension of Time to Take Depositions and Respond to Defendant Express Scripts, Inc.'s Motion for Summary Judgment 286 is GRANTED.. Signed by District Judge John A. Ross on 5/24/16. (KKS)
February 3, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendants Motion for Partial Summary Judgment [192] is DENIED. IT IS FURTHER ORDERED that Plaintiffs Motion to Strike Portions of John Gavins Declaration Submitted by Defendant [312] is GRANTED in part and DENIED in part. IT IS FINALLY ORDERED that this matter is set for a scheduling conference on Wednesday, February 22, 2017 at 2:30 p.m. in the chambers of the undersigned. Counsel may participate by telephone after filing a notice with the Court. Signed by District Judge John A. Ross on 2/3/17. (JAB)
May 16, 2017
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Defendant Express Scripts, Inc.'s Motion for Reconsideration 345 is DENIED. IT IS FURTHER ORDERED that the parties shall resubmit their Joint Proposed Scheduling Plan with amended dates no later than Tuesday, May 30, 2017. ( Joint Scheduling Plan due by 5/30/2017.). Signed by District Judge John A. Ross on 5/16/17. (KKS)
August 14, 2017
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MEMORANDUM AND ORDER / Order (Financial) - (SEE ORDER FOR PARTICULARS) IT IS HEREBY ORDERED that Stephen N. Limbaugh, Sr., is appointed as Special Master to resolve the parties' outstanding discovery issues, including, but not limited to, the manner and method of completing an in camera review of the documents on Express Scripts' privilege log. ; The Special Master shall report to the Court on all matters within his jurisdiction within sixty (60) days of the date of this Memorandum and Order or upon such other schedule as the Special Master requires and serve a copy of his report on each party consistent with Fed. R. Civ. P. 53.; (SEE ORDER FOR PARTICULARS) Given the extensive scope of the discovery disputes and the time required to address them, the Court has determined it necessary to order each side to deposit into the Registry of the Court, within ten (10) days of the date of this Order, the sum of $25,000.00 as and for compensation for the fees and other costs incurred by the Special Master in connection with this reference. At the conclusion of this reference, any funds remaining will be returned to the respective parties. The Court reserves the right to reallocate the apportionment of costs if the Court determines a party has acted in bad faith. (SEE ORDER FOR PARTICULARS) Status Report due by 10/13/2017. (Special Master Stephen N Limbaugh Sr. received notification via CM/ECF). Signed by District Judge John A. Ross on 8/14/17. (KKS)
February 14, 2018
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs' Corrected Motion for Substitution 416 is DENIED. termed 415. Signed by District Judge John A. Ross on 2/14/18. (KKS)
April 25, 2018
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that in accordance with the rulings herein, the Report of Special Master 427 is SUSTAINED, ADOPTED AND INCORPORATED HEREIN. IT IS FURTHER ORDERED that Plaintiffs' Motion to Compel Production and/or In Camera Review of Documents on Express Scripts' Privilege Log 361 is GRANTED in part and DENIED in part consistent with the rulings and recommendations of the Special Master as contained in Exhibits 7, 8 and 9 to the Report and incorporated by reference herein. (Doc. Nos. 427- 7, -8, -9) IT IS FINALLY ORDERED that Express Scripts shall, within seven (7) days of the date of this Order, produce to Plaintiffs unredacted copies of those documents not subject to privilege identified on the Privilege Determination Logs attached as Exhibit 7 ("Special Master Phase I"), Exhibit 8 ("Special Master Phases II-III"), and Exhibit 9 ("Special Master Phase IV") to the Special Master's Report.. Signed by District Judge John A. Ross on 4/25/18. (KKS)