DEMARCO et al v. FARMACEUTICALRX, LLC et al
| Pennsylvania Western District Court | |
| Judge: | William S Stickman |
| Case #: | 2:22-cv-01164 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Aug 12, 2022 |
| Terminated: | Aug 28, 2023 |
| Last checked: Friday Feb 10, 2023 1:28 PM EST |
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Defendant
JOY E. BOCHNER
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Represented By
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Defendant
FARMACEUTICALRX, LLC
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Represented By
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Defendant
FRX GROWTH PARTNERS, LLC
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Represented By
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Defendant
FRX MANAGEMENT HOLDINGS, LLC
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Represented By
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Defendant
REBECCA L. MYERS
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Represented By
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Defendant
DIETRICH A. STEPHAN
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Represented By
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Plaintiff
BRIAN DEMARCO
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Represented By
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Plaintiff
ALEX FITZGERALD
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Represented By
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Plaintiff
CLINT GOODENOW
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Represented By
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Plaintiff
JASON HUMMEL
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Represented By
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Plaintiff
MARK WILLIAMS
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Represented By
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| TERMINATED PARTIES | |
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Defendant
FARMACEUTICALRX GP OF PENNSYLVANIA, LLC
Terminated: 01/10/2023
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Represented By
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Defendant
FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC
Terminated: 01/10/2023
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Represented By
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Defendant
FRX GROWTH, LLC
Terminated: 01/10/2023
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Represented By
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GPO
Mar 07 2023
MEMORANDUM OPINION re 16 Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6). Signed by Judge William S. Stickman on 3/7/23. (eca) |
| Docket last updated: 2 hours ago |
| Monday, August 28, 2023 | ||
| 39 | 39
order
Order ~Util - Terminate Civil Case
Mon 08/28 1:08 PM
ORDER OF COURT. Upon review of38 Stipulation of Dismissal, this matter is DISMISSED WITH PREJUDICE. The Clerk of Court is directed to mark this CASE CLOSED. Signed by Judge William S. Stickman on 08/28/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) |
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| 38 | 38
misc
Stipulation
Mon 08/28 11:03 AM
STIPULATION OF DISMISSAL WITH PREJUDICE by BRIAN DEMARCO, ALEX FITZGERALD, CLINT GOODENOW, JASON HUMMEL, MARK WILLIAMS. (Winslow, Steven) |
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| Thursday, August 10, 2023 | ||
| 37 | 37
order
Order 1 - Terminate Deadlines and Hearings
Thu 08/10 8:21 AM
ORDER OF COURT. Upon review of36 Report of Mediation, all deadlines in this matter are TERMINATED. The Court will await the filing of a stipulation of dismissal to close this case. Signed by Judge William S. Stickman on 08/10/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) |
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| Wednesday, August 09, 2023 | ||
| 36 | 36
adr
Report of Mediation
Wed 08/09 1:56 PM
REPORT of Mediation: Mediation held on 8/8/2023. Case has been resolved. KENNETH BENSON terminated. Attorney Kenneth J. Benson terminated. The parties are reminded of their obligation to complete the ADR questionnaire and return same to the Clerk of Court within 5 days of the conclusion of the ADR process. The questionnaire can be accessed at www.pawd.uscourts.gov. Click on the ADR icon. (Benson, Kenneth) |
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| Thursday, June 15, 2023 | ||
| 35 | 35
order
Protective Order
Thu 06/15 7:51 AM
STIPULATED CONFIDENTIALITY and QUALIFIED PROTECTIVE ORDER. Signed by Judge William S. Stickman on 06/14/23. (eca) |
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| Wednesday, June 14, 2023 | ||
| 34 | 34
misc
Stipulated Protective Order
Wed 06/14 10:04 AM
STIPULATED PROTECTIVE ORDER STIPULATION OF CONFIDENTIALITY AND QUALIFIED PROTECTIVE ORDER by JOY E. BOCHNER, FARMACEUTICALRX GP OF PENNSYLVANIA, LLC, FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC, FARMACEUTICALRX, LLC, FRX GROWTH PARTNERS, LLC, FRX GROWTH, LLC, FRX MANAGEMENT HOLDINGS, LLC, REBECCA L. MYERS, DIETRICH A. STEPHAN. (Tuite, Jaime) |
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Att: 1
Exhibit A
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| Monday, April 24, 2023 | ||
| 33 | 33
order
Case Management Order
Mon 04/24 12:37 PM
CASE MANAGEMENT ORDER: Exchange of required Rule 26(a)(1) information due by 05/08/2023; Amended Pleadings due by 05/31/2023; Joinder of Parties due by 05/31/2023; Expert Reports due by 11/25/2023; Rebuttal Expert Reports due by 12/15/2023; Discovery due by 01/31/2024; Summary Judgment due by 02/14/2024; Response to Summary Judgment due by 03/14/2024; Reply brief due by 03/28/2024. Telephonic Post-Discovery Status Conference set for 01/31/2024 at 10:00 AM before Judge William S. Stickman. Signed by Judge William S. Stickman on 04/24/2023. (rgm) |
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| 32 | 32
1
pgs
order
Order Referring Case to Mediation
Mon 04/24 12:32 PM
ORDER REFERRING CASE to Mediation. Kenneth Benson is appointed as mediator. Signed by Judge William S. Stickman on 04/24/2023. (rgm) |
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| 31 | 31
minutes
Initial Case Management Conference
Mon 04/24 12:29 PM
Minute Entry for proceedings held before Judge William S. Stickman: Initial Case Management Conference held on 04/24/2023. (Court Reporter: None) (rgm) |
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| Wednesday, April 19, 2023 | ||
| 30 | 30
misc
Report of Rule 26(f) Planning Meeting
Wed 04/19 7:33 PM
REPORT of Rule 26(f) Planning Meeting. (Tuite, Jaime) |
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| 29 | 29
adr
Stipulation Selecting ADR process
Wed 04/19 7:32 PM
STIPULATION selecting ADR process by JOY E. BOCHNER, FARMACEUTICALRX, LLC, FRX GROWTH PARTNERS, LLC, FRX MANAGEMENT HOLDINGS, LLC, REBECCA L. MYERS, DIETRICH A. STEPHAN. (Tuite, Jaime) |
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| Tuesday, March 21, 2023 | ||
| 28 | 28
2
pgs
order
Order ~Util - Set Deadlines/Hearings
Tue 03/21 2:06 PM
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Rule 26 Meeting to be conducted on or before 4/12/2023. Rule 26 Meeting Report and Stipulation Selecting ADR Process due by 4/19/2023. Telephonic Initial Case Management Conference set for 4/24/2023 at 11:30 AM before Judge William S. Stickman. Signed by Judge William S. Stickman on 03/21/23. (eca) |
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| 27 | 27
answer
Answer to Amended Complaint
Tue 03/21 1:45 PM
ANSWER to10 Amended Complaint, by JOY E. BOCHNER, FARMACEUTICALRX, LLC, FRX GROWTH PARTNERS, LLC, FRX MANAGEMENT HOLDINGS, LLC, REBECCA L. MYERS, DIETRICH A. STEPHAN. (Tuite, Jaime) |
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| Tuesday, March 07, 2023 | ||
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1
pgs
order
Order on Motion to Dismiss for Failure to State a Claim
Tue 03/07 9:48 AM
ORDER DENYING16 Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6). Signed by Judge William S. Stickman on 3/7/23. (eca) |
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| 25 | 25
15
pgs
order
Memorandum Opinion
Tue 03/07 9:47 AM
MEMORANDUM OPINION re16 Motion to Dismiss Plaintiffs' Amended Complaint Pursuant to Federal Rule of Civil Procedure 12(b)(6). Signed by Judge William S. Stickman on 3/7/23. (eca) |
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| Tuesday, February 07, 2023 | ||
| 24 | 24
respm
Reply Brief
Tue 02/07 11:57 AM
REPLY BRIEF in Support re16 Motion to Dismiss for Failure to State a Claim filed by JOY E. BOCHNER, FARMACEUTICALRX GP OF PENNSYLVANIA, LLC, FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC, FARMACEUTICALRX, LLC, FRX GROWTH PARTNERS, LLC, FRX GROWTH, LLC, FRX MANAGEMENT HOLDINGS, LLC, REBECCA L. MYERS, DIETRICH A. STEPHAN. (Tuite, Jaime) Modified text on 2/7/2023 to correct document linkage. (kss) |
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| Tuesday, January 31, 2023 | ||
| 23 | 23
respm
Brief / Memorandum of Law in Opposition to Motion
Tue 01/31 6:23 PM
BRIEF in Opposition re16 Motion to Dismiss for Failure to State a Claim, filed by BRIAN DEMARCO, ALEX FITZGERALD, CLINT GOODENOW, JASON HUMMEL, MARK WILLIAMS. (Winslow, Steven) |
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respoth
Response in Opposition
Tue 01/31 6:22 PM
RESPONSE IN OPPOSITION to18 Errata,16 Motion to Dismiss for Failure to State a Claim,, filed by BRIAN DEMARCO, ALEX FITZGERALD, CLINT GOODENOW, JASON HUMMEL, MARK WILLIAMS. (Winslow, Steven) |
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Att: 1
Proposed Order
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| Tuesday, January 10, 2023 | ||
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pgs
order
Order Response/Briefing Schedule
Tue 01/10 12:12 PM
ORDER SETTING BRIEFING SCHEDULE. Response to18 Motion to Dismiss due by 1/31/2023; Reply due by 2/7/2023. Page limitations outlined herein. Signed by Judge William S. Stickman on 01/10/23. (eca) |
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| 20 | 20
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pgs
order
Order ~Util - Add and Terminate Parties
Tue 01/10 12:06 PM
ORDER APPROVING15 Stipulation of Dismissal. FRX GROWTH, LLC, FARMACEUTICALRX GP OF PENNSYLVANIA, LLC and FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC terminated. Signed by Judge William S. Stickman on 01/10/23. (eca) |
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| Monday, January 09, 2023 | ||
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misc
Errata
Mon 01/09 8:55 PM
Errata re17 Brief in Support of Motion, DEFENDANTS BRIEF IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6)FED. R. CIV. P. 12(b)(6) by JOY E. BOCHNER, FARMACEUTICALRX GP OF PENNSYLVANIA, LLC, FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC, FARMACEUTICALRX, LLC, FRX GROWTH PARTNERS, LLC, FRX GROWTH, LLC, FRX MANAGEMENT HOLDINGS, LLC, REBECCA L. MYERS, DIETRICH A. STEPHAN. Reason for Correction: Incorrect PDF Version Upload. (Tuite, Jaime) |
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misc
Errata
Mon 01/09 8:54 PM
Errata re16 Motion to Dismiss for Failure to State a Claim, DEFENDANTS MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) by JOY E. BOCHNER, FARMACEUTICALRX GP OF PENNSYLVANIA, LLC, FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC, FARMACEUTICALRX, LLC, FRX GROWTH PARTNERS, LLC, FRX GROWTH, LLC, FRX MANAGEMENT HOLDINGS, LLC, REBECCA L. MYERS, DIETRICH A. STEPHAN. Reason for Correction: Incorrect PDF Version Upload. (Tuite, Jaime) |
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Att: 1
Proposed Order
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respm
Brief / Memorandum of Law in Support of Motion
Mon 01/09 2:52 PM
BRIEF in Support re16 Motion to Dismiss for Failure to State a Claim, DEFENDANTS BRIEF IN SUPPORT OF THEIR MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) filed by FARMACEUTICALRX GP OF PENNSYLVANIA, LLC, FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC, FARMACEUTICALRX, LLC. (Tuite, Jaime) |
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| 16 | 16
motion
Dismiss for Failure to State a Claim
Mon 01/09 2:51 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM DEFENDANTS MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) re10 Amended Complaint,,, by FARMACEUTICALRX GP OF PENNSYLVANIA, LLC, FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC, FARMACEUTICALRX, LLC. (Tuite, Jaime) |
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Att: 1
Proposed Order
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misc
Stipulation of Dismissal (Atty)
Mon 01/09 2:38 PM
STIPULATION of Dismissal DEFENDANTS MOTION TO DISMISS PLAINTIFFS AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 12(b)(6) by FARMACEUTICALRX GP OF PENNSYLVANIA, LLC, FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC, FARMACEUTICALRX, LLC. (Tuite, Jaime) |
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| Friday, December 16, 2022 | ||
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pgs
order
Order on Motion for Extension of Time to File Answer
Fri 12/16 12:06 PM
ORDER GRANTING13 Motion for Extension of Time to Answer. Defendants shall answer or otherwise plead on or before 01/09/23. Signed by Judge William S. Stickman on 12/16/22. (eca) |
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| Thursday, December 15, 2022 | ||
| 13 | 13
motion
Extension of Time to File Answer
Thu 12/15 10:54 PM
First MOTION for Extension of Time to File Answer by FARMACEUTICALRX, LLC. (Lewis, William) |
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Att: 1
Proposed Order Proposed Order
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| Monday, November 21, 2022 | ||
| 12 | 12
misc
Stipulation for Extension of Time to Answer
Mon 11/21 6:32 PM
Stipulation for Extension of Time to Answer by FARMACEUTICALRX, LLC, FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC, FARMACEUTICALRX GP OF PENNSYLVANIA, LLC Answer due from All Defendants. (Tuite, Jaime) |
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| Monday, November 14, 2022 | ||
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order
Order on Motion to Dismiss for Failure to State a Claim
Mon 11/14 9:17 AM
ORDER OF COURT. Upon the filing of10 Amended Complaint,7 Motion to Dismiss is denied without prejudice. Signed by Judge William S. Stickman on 11/14/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca) |
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| Friday, November 11, 2022 | ||
| 10 | 10
cmp
Amended Complaint
Fri 11/11 7:01 PM
AMENDED COMPLAINT against JOY E. BOCHNER, FARMACEUTICALRX GP OF PENNSYLVANIA, LLC, FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC, FARMACEUTICALRX, LLC, FRX GROWTH PARTNERS, LLC, FRX GROWTH, LLC, FRX MANAGEMENT HOLDINGS, LLC, REBECCA L. MYERS, DIETRICH A. STEPHAN JOY E. BOCHNER answer due 11/25/2022; FARMACEUTICALRX GP OF PENNSYLVANIA, LLC answer due 11/25/2022; FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC answer due 11/25/2022; FARMACEUTICALRX, LLC answer due 11/25/2022; FRX GROWTH PARTNERS, LLC answer due 11/25/2022; FRX GROWTH, LLC answer due 11/25/2022; FRX MANAGEMENT HOLDINGS, LLC answer due 11/25/2022; REBECCA L. MYERS answer due 11/25/2022; DIETRICH A. STEPHAN answer due 11/25/2022, filed by CLINT GOODENOW; JASON HUMMEL; ALEX FITZGERALD; BRIAN DEMARCO; MARK WILLIAMS. (Winslow, Steven) |
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Att: 1
1 pgs
Exhibit 1
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| Monday, October 24, 2022 | ||
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1
pgs
order
Order Response/Briefing Schedule
Mon 10/24 7:59 AM
ORDER SETTING BRIEFING SCHEDULE. Response to7 Motion to Dismiss due by 11/14/2022; Reply due by 11/21/2022. Signed by Judge William S. Stickman on 10/24/22. (eca) |
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| Friday, October 21, 2022 | ||
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respm
Brief / Memorandum of Law in Support of Motion
Fri 10/21 2:27 PM
BRIEF in Support re7 Motion to Dismiss for Failure to State a Claim, PURSUANT TO FED. R. CIV. P. 12(b)(6) filed by FARMACEUTICALRX GP OF PENNSYLVANIA, LLC, FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC, FARMACEUTICALRX, LLC. (Tuite, Jaime) |
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| 7 | 7
motion
Dismiss for Failure to State a Claim
Fri 10/21 2:23 PM
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM PURSUANT TO FED. R. CIV. P. 12(b)(6) re1 Complaint, by FARMACEUTICALRX GP OF PENNSYLVANIA, LLC, FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC, FARMACEUTICALRX, LLC. (Tuite, Jaime) |
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Att: 1
Proposed Order
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misc
Disclosure Statement (LR 7.1.1)
Fri 10/21 2:19 PM
Disclosure Statement identifying None as corporate parent or other affiliate, by FARMACEUTICALRX GP OF PENNSYLVANIA, LLC, FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC, FARMACEUTICALRX, LLC. (Tuite, Jaime) |
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| 5 | 5
notice
Notice of Appearance
Fri 10/21 2:16 PM
NOTICE of Appearance by William P. Lewis on behalf of FARMACEUTICALRX, LLC. (Lewis, William) |
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| Thursday, August 25, 2022 | ||
| 4 | 4
service
Waiver of Service Executed
Thu 08/25 10:05 PM
WAIVER OF SERVICE Returned Executed by FARMACEUTICALRX, LLC, REBECCA L. MYERS, FRX MANAGEMENT HOLDINGS, LLC, FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC, FARMACEUTICALRX GP OF PENNSYLVANIA, LLC, DIETRICH A. STEPHAN, JOY E. BOCHNER, FRX GROWTH PARTNERS, LLC, FRX GROWTH, LLC. All Defendants. (Tuite, Jaime) |
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| Tuesday, August 23, 2022 | ||
| 3 | 3
notice
Notice of Appearance
Tue 08/23 3:40 PM
NOTICE of Appearance by Jaime S. Tuite on behalf of JOY E. BOCHNER, FARMACEUTICALRX GP OF PENNSYLVANIA, LLC, FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC, FARMACEUTICALRX, LLC, FRX GROWTH PARTNERS, LLC, FRX GROWTH, LLC, FRX MANAGEMENT HOLDINGS, LLC, REBECCA L. MYERS, DIETRICH A. STEPHAN. (Tuite, Jaime) |
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| Friday, August 12, 2022 | ||
| 2 | 2
service
Summons Issued
Fri 08/12 11:41 AM
Summons Issued as to JOY E. BOCHNER, FARMACEUTICALRX GP OF PENNSYLVANIA, LLC, FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC, FARMACEUTICALRX, LLC, FRX GROWTH PARTNERS, LLC, FRX GROWTH, LLC, FRX MANAGEMENT HOLDINGS, LLC, REBECCA L. MYERS, DIETRICH A. STEPHAN (kss) |
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Att: 1
Summons FarmaceuticalRX GP of Pennsylvania, LLC,
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Att: 2
Summons FarmaceuticalRX Real Estate Pennsylvania, LLC,
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Att: 3
Summons FarmaceuticalRX, LLC,
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Att: 4
Summons FRX Growth Partners, LLC,
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Att: 5
Summons FRX Growth, LLC,
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Att: 6
Summons FRX Management Holdings, LLC,
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Att: 7
Summons Rebecca L. Myers,
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Att: 8
Summons Dietrich A. Stephan
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| 1 | 1
13
pgs
cmp
Complaint (for Clerk of Court personnel only)
Fri 08/12 11:34 AM
COMPLAINT against JOY E. BOCHNER, FARMACEUTICALRX GP OF PENNSYLVANIA, LLC, FARMACEUTICALRX REAL ESTATE PENNSYLVANIA, LLC, FARMACEUTICALRX, LLC, FRX GROWTH PARTNERS, LLC, FRX GROWTH, LLC, FRX MANAGEMENT HOLDINGS, LLC, REBECCA L. MYERS, DIETRICH A. STEPHAN (Filing fee, including Administrative fee, $402, receipt number APAWDC-7241229), filed by CLINT GOODENOW, JASON HUMMEL, ALEX FITZGERALD, BRIAN DEMARCO, MARK WILLIAMS. (kss) |
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Att: 1
Civil Cover Sheet
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