Webb et al v. Injured Workers Pharmacy, LLC
Massachusetts District Court | |
Judge: | Richard G Stearns |
Case #: | 1:22-cv-10797 |
Nature of Suit | 890 Other Statutes - Other Statutory Actions |
Cause | 28:1331 Fed. Question |
Case Filed: | May 24, 2022 |
Terminated: | Oct 17, 2022 |
Last checked: Sunday Nov 20, 2022 4:50 AM EST |
Defendant
Injured Workers Pharmacy, LLC
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Represented By
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Plaintiff
Marsclette Charley
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Represented By
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Plaintiff
Alexsis Webb
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Represented By
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Docket last updated: 2 hours ago |
Tuesday, March 19, 2024 | ||
45 | 45
order
Order
Tue 03/19 12:24 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered re44 Status Report. The case is STAYED until April 18, 2024, at which point the parties are ORDERED to file a status report updating the court on the status of settlement negotiations. (RGS, law4) |
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44 | 44
misc
Status Report
Tue 03/19 12:11 PM
STATUS REPORT Joint Status Report and Request to Extend Stay by Injured Workers Pharmacy, LLC. (O'Donnell, Jordan) |
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Thursday, December 14, 2023 | ||
43 | 43
order
Order on Motion to Stay
Thu 12/14 4:41 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered allowing42 Motion to Stay. The clerk will STAY the case until March 19, 2024, at which point the parties are ORDERED to file a status report updating the court on the outcome of the mediation. (RGS, law4) |
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42 | 42
motion
Stay
Thu 12/14 1:40 PM
Joint MOTION to Stay re39 Order on Motion to Dismiss, 40 Order,,,,,,,, Joint Motion to Stay Proceedings Pending Private Mediation by Injured Workers Pharmacy, LLC.(O'Donnell, Jordan) |
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Tuesday, September 26, 2023 | ||
41 | 41
answer
Answer to Complaint
Tue 09/26 3:45 PM
Defendant Injured Workers Pharmacy, LLC's ANSWER to1 Complaint, with Affirmative Defenses by Injured Workers Pharmacy, LLC.(O'Donnell, Jordan) |
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Tuesday, September 12, 2023 | ||
40 | 40
order
Order
Tue 09/12 12:04 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered - The court having denied the motion to dismiss as to Counts I and VI of the Complaint, the court enters the following pretrial schedule. Initial disclosures required by Fed. R. Civ. P. 26(a)(1) must be completed by 10/3/23. All amendments to the pleadings and/or joinder of additional defendants shall be completed by 12/3/23. The court will permit 30 interrogatories, 30 requests for admissions, and 30 document requests without leave of court and expects those requests to be filed with the opposing counsel within 30 days of the initial disclosures (no later than 11/3/23). All fact discovery must be completed no later than 6/10/24. Because the court has set a generous discovery period, it will entertain extension requests only with a statement of good cause. If the parties are unable to agree as to the definition of the class, they must notify the court by 5/30/24, in order for the court to alter the schedule to add class certification briefing. Plaintiffs shall designate expert(s) and serve Rule 26(a)(2) reports no later than 7/10/24; defendant's expert witness(es) will be designated and Rule 26(a)(2) reports filed no later than 8/10/24. Although experts generally need to produce reports of their work in accordance with Rule 26, the court does not require treating physicians to produce expert reports. The parties accordingly may rely on treating physician records without following this notification procedure but the records must be produced during fact discovery and supplemented according to the federal procedural rules. Expert discovery must be completed by 9/10/24. Dispositive Motions (if any) are due by 10/1/24, with Oppositions due no later than 10/22/24; Reply, if any, by leave of court. If both parties would like to utilize the court's mediation program, they must notify the session Clerk at least 30 days prior to any trial date. (Zierk, Marsha) Modified on 9/12/2023 (Zierk, Marsha) |
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39 | 39
17
pgs
order
Order on Motion to Dismiss
Tue 09/12 11:34 AM
Judge Richard G. Stearns: ORDER entered granting in part and denying in part36 Motion to Dismiss. IWP's motion to dismiss the Complaint is DENIED as to Counts I and VI. The court hereby DISMISSES WITH PREJUDICE Counts II, III, IV, and V. IWP's motion to strike paragraphs 45-46, 55, and 57-74 of the Complaint is DENIED. (Zierk, Marsha) |
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Tuesday, September 05, 2023 | ||
38 | 38
19
pgs
respm
Memorandum in Opposition to Motion
Tue 09/05 2:23 PM
MEMORANDUM in Opposition re36 Supplemental MOTION to Dismiss Defendant's Renewed and Supplemented Motion to Dismiss Plaintiffs' Class Action Complaint filed by Marsclette Charley, Alexsis Webb. (Borrelli, Raina) |
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Monday, August 21, 2023 | ||
37 | 37
19
pgs
respm
Memorandum in Support of Motion
Mon 08/21 1:34 PM
MEMORANDUM in Support re36 Supplemental MOTION to Dismiss Defendant's Renewed and Supplemented Motion to Dismiss Plaintiffs' Class Action Complaint filed by Injured Workers Pharmacy, LLC. (O'Donnell, Jordan) |
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36 | 36
motion
Dismiss
Mon 08/21 1:30 PM
Supplemental MOTION to Dismiss Defendant's Renewed and Supplemented Motion to Dismiss Plaintiffs' Class Action Complaint by Injured Workers Pharmacy, LLC.(O'Donnell, Jordan) |
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Monday, August 07, 2023 | ||
35 | 35
order
Order on Motion for Clarification
Mon 08/07 3:08 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part34 Motion for Clarification filed by Injured Workers Pharmacy, LLC. This case having been remanded by the First Circuit Court of Appeals, the court asked the parties for a proposed schedule. Defendant asks for clarification stating that plaintiffs' six causes of action -- negligence, negligence per se, breach of implied contract, unjust enrichment, invasion of privacy, and breach of fiduciary duty fail under Rule 12(b)(6). The court will set the following schedule: If defendant intends to renew or supplement its motion to dismiss, it must do so within the next fourteen days -- by August 21, 2023. Any opposition is due (or must be renewed) by September 5, 2023. Reply only with leave of court. (Zierk, Marsha) |
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Thursday, August 03, 2023 | ||
34 | 34
motion
Clarification
Thu 08/03 3:06 PM
MOTION for Clarification Defendant's Motion for Clarification Regarding the Court's Order on Defendant's Responsive Pleadings by Injured Workers Pharmacy, LLC.(O'Donnell, Jordan) |
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Wednesday, July 26, 2023 | ||
33 | 33
order
Order
Wed 07/26 1:34 PM
Judge Richard G. Stearns: ELECTRONIC ORDER entered re32 USCA Mandate. As an ANSWER is now due in this case on August 14, 2023, the court asks the parties to submit a proposed pretrial schedule in this case no later than August 21, 2023. If the parties are unable to agree whether class certification or dispositive motions precede the other, they may each file their own proposed schedule. (Zierk, Marsha) |
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Monday, July 24, 2023 | ||
32 | 32
appeal
USCA Mandate
Mon 07/24 8:06 AM
MANDATE of USCA as to26 Notice of Appeal, filed by Alexsis Webb, Marsclette Charley. Appeal26 Terminated (Paine, Matthew) |
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Friday, June 30, 2023 | ||
31 | 31
appeal
USCA Judgment
Fri 06/30 2:08 PM
USCA Judgment as to26 Notice of Appeal, filed by Alexsis Webb, Marsclette Charley (Paine, Matthew) |
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30 | 30
appeal
USCA Opinion
Fri 06/30 2:06 PM
OPINION of USCA as to26 Notice of Appeal, filed by Alexsis Webb, Marsclette Charley. (Paine, Matthew) |
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Wednesday, November 30, 2022 | ||
29 | 29
notice
Notice - Other
Wed 11/30 4:07 PM
NOTICE by Marsclette Charley, Alexsis Webb re26 Notice of Appeal,,, (Plainitffs Notice That No Transcripts Will Be Ordered) (Borrelli, Raina) |
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Wednesday, November 16, 2022 | ||
28 | 28
appeal
USCA Case Number
Wed 11/16 7:00 PM
USCA Case Number 22-1896 for26 Notice of Appeal, filed by Alexsis Webb, Marsclette Charley. (Paine, Matthew) |
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27 | 27
appeal
Abbreviated Electronic Appeal Record Sent to USCA
Wed 11/16 3:04 PM
Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re26 Notice of Appeal (Paine, Matthew) |
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26 | 26
appeal
Notice of Appeal
Wed 11/16 2:30 PM
NOTICE OF APPEAL as to24 Order on Motion to Dismiss by Marsclette Charley, Alexsis Webb Filing fee: $ 505, receipt number AMADC-9590616 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at[LINK:http://www.ca1.uscourts.gov] MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 12/6/2022. (Borrelli, Raina) |
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Monday, October 17, 2022 | ||
25 | 25
1
pgs
order
Order Dismissing Case
Mon 10/17 4:28 PM
Judge Richard G. Stearns: ORDER entered. Order of Dismissal. (Pacho, Arnold) |
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24 | 24
6
pgs
order
Order on Motion to Dismiss
Mon 10/17 4:12 PM
Judge Richard G. Stearns: ORDER entered granting13 Motion to Dismiss class action Complaint. (Zierk, Marsha) (Main Document 24 replaced on 10/17/2022) (Pacho, Arnold) |
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Friday, September 23, 2022 | ||
23 | 23
15
pgs
respm
Memorandum in Support of Motion
Fri 09/23 12:33 PM
MEMORANDUM in Support re13 MOTION to Dismiss Plaintiffs' Class Action Complaint filed by Injured Workers Pharmacy, LLC. (O'Donnell, Jordan) |
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Friday, September 09, 2022 | ||
22 | 22
respm
Opposition to Motion
Fri 09/09 6:23 PM
Opposition re13 MOTION to Dismiss Plaintiffs' Class Action Complaint filed by Marsclette Charley, Alexsis Webb. (Borrelli, Raina) |
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Wednesday, August 17, 2022 | ||
21 | 21
notice
Notice of Appearance
Wed 08/17 10:47 AM
NOTICE of Appearance by Claudia D. McCarron on behalf of Injured Workers Pharmacy, LLC (McCarron, Claudia) |
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Tuesday, August 16, 2022 | ||
order
Order on Motion for Leave to Appear
Tue 08/16 9:28 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting19 Motion for Leave to Appear Pro Hac Vice. Added Claudia D. McCarron. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. Pro Hac Vice Admission Request Instructions [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm] . A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Pacho, Arnold) |
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Monday, August 15, 2022 | ||
19 | 19
motion
Appear Pro Hac Vice
Mon 08/15 11:01 AM
MOTION for Leave to Appear Pro Hac Vice for admission of Claudia D. McCarron Filing fee: $ 100, receipt number AMADC-9453656 by Injured Workers Pharmacy, LLC.(O'Donnell, Jordan) |
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Att: 1 Certification | ||
Friday, August 12, 2022 | ||
order
Order on Motion for Extension of Time
Fri 08/12 11:16 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting16 Motion for Extension of Time. The Plaintiffs shall have until September 9, 2022, to file their opposition to Defendant's Motion to Dismiss. The Defendant shall have until September 23, 2022, to file its reply. (Zierk, Marsha) |
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Thursday, August 11, 2022 | ||
17 | 17
notice
Notice of Appearance
Thu 08/11 10:27 PM
NOTICE of Appearance by Raina C. Borrelli on behalf of Marsclette Charley, Alexsis Webb (Borrelli, Raina) |
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16 | 16
motion
Extension of Time
Thu 08/11 11:29 AM
Joint MOTION for Extension of Time to 9/9/2022 to File Opposition to Motion to Dismiss Joint Motion to Set Briefing Schedule by Marsclette Charley, Alexsis Webb.(Lietz, David) |
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Att: 1 Text of Proposed Order | ||
Tuesday, August 09, 2022 | ||
15 | 15
misc
Corporate Disclosure Statement
Tue 08/09 3:03 PM
CORPORATE DISCLOSURE STATEMENT by Injured Workers Pharmacy, LLC. (O'Donnell, Jordan) |
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14 | 14
22
pgs
respm
Memorandum in Support of Motion
Tue 08/09 2:46 PM
MEMORANDUM in Support re13 MOTION to Dismiss Plaintiffs' Class Action Complaint filed by Injured Workers Pharmacy, LLC. (O'Donnell, Jordan) |
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13 | 13
motion
Dismiss
Tue 08/09 2:44 PM
MOTION to Dismiss Plaintiffs' Class Action Complaint by Injured Workers Pharmacy, LLC.(O'Donnell, Jordan) |
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Wednesday, July 27, 2022 | ||
order
Order on Motion for Leave to Appear
Wed 07/27 10:50 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting9 Motion for Leave to Appear Pro Hac Vice. Added Raina C. Borrelli. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. Pro Hac Vice Admission Request Instructions [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm] . A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Pacho, Arnold) |
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order
Order on Motion for Leave to Appear
Wed 07/27 10:53 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting10 Motion for Leave to Appear Pro Hac Vice. Added David K. Lietz. Attorneys admitted Pro Hac Vice must have an individual upgraded PACER account, not a shared firm account, to electronically file in the District of Massachusetts. Counsel may need to link their CM/ECF account to their upgraded individual pacer account. Instructions on how to link CM/ECF accounts to upgraded pacer account can be found at [LINK:https://www.mad.uscourts.gov/caseinfo/nextgen-current-pacer-accounts.htm#link-account] . (Pacho, Arnold) |
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Tuesday, July 26, 2022 | ||
10 | 10
motion
Appear Pro Hac Vice
Tue 07/26 5:47 PM
MOTION for Leave to Appear Pro Hac Vice for admission of David K. Lietz Filing fee: $ 100, receipt number AMADC-9428735 by Marsclette Charley, Alexsis Webb.(Kassan, Randi) |
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Att: 1 Affidavit Certification of David K. Lietz, | ||
Att: 2 Text of Proposed Order Proposed Order | ||
9 | 9
motion
Appear Pro Hac Vice
Tue 07/26 5:44 PM
MOTION for Leave to Appear Pro Hac Vice for admission of Raina C. Borrelli Filing fee: $ 100, receipt number AMADC-9428710 by Marsclette Charley, Alexsis Webb.(Kassan, Randi) |
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Att: 1 Affidavit Certification of Raina C. Borrelli, | ||
Att: 2 Text of Proposed Order Proposed Order | ||
Thursday, July 07, 2022 | ||
8 | 8
notice
Notice of Withdrawal of Appearance
Thu 07/07 2:38 PM
NOTICE of Withdrawal of Appearance by H. Luke Mitcheson (Mitcheson, H.) |
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Tuesday, June 28, 2022 | ||
7 | 7
notice
Notice of Appearance
Tue 06/28 1:31 PM
NOTICE of Appearance by Randi A. Kassan on behalf of Marsclette Charley, Alexsis Webb (Kassan, Randi) |
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Wednesday, June 22, 2022 | ||
order
Order on Motion for Extension of Time
Wed 06/22 9:26 AM
Judge Richard G. Stearns: ELECTRONIC ORDER entered granting5 Motion for Extension of Time. While it is not this court's practice to permit extensions of the time periods prescribed by the federal civil procedural rules without good cause shown, the court will allow this initial request. Because of the length of the request, the court is not inclined to further extension. (Zierk, Marsha) |
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Tuesday, June 21, 2022 | ||
5 | 5
motion
Extension of Time
Tue 06/21 6:40 PM
Assented to MOTION for Extension of Time to August 9, 2022 to Respond to Complaint by Injured Workers Pharmacy, LLC.(O'Donnell, Jordan) |
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4 | 4
notice
Notice of Appearance
Tue 06/21 6:22 PM
NOTICE of Appearance by Jordan S. O'Donnell on behalf of Injured Workers Pharmacy, LLC (O'Donnell, Jordan) |
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Wednesday, May 25, 2022 | ||
3 | 3
service
Summons Issued
Wed 05/25 9:06 AM
Summons Issued as to Injured Workers Pharmacy, LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Pacho, Arnold) |
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notice
Notice of Case Assignment
Wed 05/25 9:00 AM
ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) |
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Tuesday, May 24, 2022 | ||
1 | 1
40
pgs
cmp
Complaint
Tue 05/24 4:01 PM
COMPLAINT against Injured Workers Pharmacy, LLC Filing fee: $ 402, receipt number AMADC-9337465 (Fee Status: Filing Fee paid), filed by Marsclette Charley, Alexsis Webb.(Mitcheson, H.) |
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Att: 1 Civil Cover Sheet Civil Cover Sheet, | ||
Att: 2 Exhibit A, | ||
Att: 3 Exhibit B, | ||
Att: 4 Exhibit Summons to be Issued |