Park Irmat Drug Corporation v. OptumRX, Inc.
| New York Southern District Court | |
| Judge: | Jed S Rakoff |
| Case #: | 1:15-cv-08930 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1332 Diversity Action |
| Case Filed: | Nov 13, 2015 |
| Terminated: | Feb 09, 2016 |
| Last checked: Wednesday May 11, 2016 6:00 AM EDT |
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Defendant
OptumRX, Inc.
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Represented By
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Plaintiff
Park Irmat Drug Corporation
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Represented By
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| Docket last updated: 04/17/2024 11:59 PM EDT |
| Monday, December 04, 2023 | ||
| 49 | 49
misc
Sealed Document Disposed
Mon 12/04 12:53 PM
SEALED MATERIALS DISPOSED: Document(s) 20 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 12/04/2023..(jus) |
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| Thursday, November 02, 2023 | ||
| 48 | 48
misc
Sealed Document Attorney Notice to Retrieve
Thu 11/02 11:28 AM
NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 20 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 12/4/2023. .(jus) |
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| Wednesday, February 17, 2016 | ||
| 47 | 47
order
Stipulation and Order of Voluntary Dismissal
Wed 02/17 11:36 AM
STIPULATION OF VOLUNTARY DISMISSAL WITH PREJUDICE: that this action shall be, and the same hereby is, dismissed with prejudice as against OptumRx, Inc., pursuant to federal Rule of Civil Procedure 41(a)(1)(A)(ii), without costs to any party. (Signed by Judge Jed S. Rakoff on 2/11/2016) (tn) |
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| Wednesday, February 10, 2016 | ||
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utility
Terminate Transcript Deadlines
Wed 02/10 9:37 AM
Terminate Transcript Deadlines (jk) |
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| Tuesday, February 09, 2016 | ||
| 46 | 46
misc
Stipulation of Voluntary Dismissal
Tue 02/09 5:40 PM
STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) OptumRX, Inc. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Park Irmat Drug Corporation.(Cantor, Matthew) |
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| Monday, February 01, 2016 | ||
| 45 | 45
14
pgs
respm
Memorandum of Law in Support of Motion
Mon 02/01 5:39 PM
MEMORANDUM OF LAW in Support re:44 MOTION for Reconsideration . . Document filed by Park Irmat Drug Corporation. (Cantor, Matthew) |
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| 44 | 44
motion
Reconsideration
Mon 02/01 5:37 PM
MOTION for Reconsideration . Document filed by Park Irmat Drug Corporation.(Cantor, Matthew) |
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| Tuesday, January 12, 2016 | ||
| 43 | 43
31
pgs
order
Memorandum & Opinion
Tue 01/12 3:41 PM
OPINION: Even if the balance of hardships did tip decidedly in plaintiff's favor, however, the Court would still find that plaintiff had not raised sufficiently serious questions going to the merits to warrant injunctive relief. In sum, for the foregoing reasons, the Court, in its December 15, 2015 Order, denied plaintiff's motion for a temporary restraining order and preliminary injunction. (As further set forth in this Order.) (Signed by Judge Jed S. Rakoff on 1/12/2016) (cdo) |
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| 42 | 42
respoth
Declaration (non-motion)
Tue 01/12 11:13 AM
DECLARATION of Jake McCreary. (mro) |
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| Monday, January 11, 2016 | ||
| 41 | 41
order
Endorsed Letter
Mon 01/11 2:00 PM
ENDORSED LETTER addressed to Judge Jed S. Rakoff from Michael H. Bernstein dated January 7, 2016 re: the parties request a thirty-day extension of all dates set forth on the Case Management Plan and the briefing schedule to allow the parties to finalize the settlement terms. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 1/8/2016) (adc) |
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| Tuesday, January 05, 2016 | ||
| 40 | 40
16
pgs
respoth
Memorandum of Law (non-motion)
Tue 01/05 4:57 PM
MEMORANDUM OF LAW (Defendant's Pre-Hearing Memorandum of Law) . Document filed by OptumRX, Inc..(Bernstein, Michael) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B
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| 39 | 39
13
pgs
respoth
Memorandum of Law (non-motion)
Tue 01/05 4:49 PM
MEMORANDUM OF LAW Plaintiff Park Irmat Drug Corp.s Pre-Hearing Submission Concerning Defendant OptumRx, Inc.s Violation of November 23, 2015 Order . Document filed by Park Irmat Drug Corporation.(Cantor, Matthew) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8
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| Tuesday, December 29, 2015 | ||
| 38 | 38
misc
Notice of Filing Transcript
Tue 12/29 11:35 AM
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 12/11/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
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| 37 | 37
misc
Transcript
Tue 12/29 11:34 AM
TRANSCRIPT of Proceedings re: argument held on 12/11/2015 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/22/2016. Redacted Transcript Deadline set for 2/1/2016. Release of Transcript Restriction set for 3/31/2016.(McGuirk, Kelly) |
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| Friday, December 18, 2015 | ||
| 36 | 36
order
Case Management Plan
Fri 12/18 11:20 AM
CIVIL CASE MANAGEMENT PLAN: Ready for Trial by 6/20/2016. This case is not to be tried to a jury. Joinder of Parties due by 1/26/2016. Amended Pleadings due by 1/26/2016. Depositions due by 5/9/2016. Discovery due by 5/9/2016. Final Pretrial Conference set for 6/15/2016 at 04:00 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 12/17/2015) (spo) |
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| Wednesday, December 16, 2015 | ||
| 35 | 35
minutes
Telephone Conference
Thu 12/17 2:17 PM
Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/16/2015. (Kotowski, Linda) |
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| 34 | 34
order
Order
Wed 12/16 2:42 PM
ORDER: The parties are hereby ordered to convene a telephone conference with the Court by no later than close of business on December 16 in order to set a schedule for the remainder of this action and to set a prompt date for an evidentiary hearing regarding defendant's apparent violation of the Court's November 23, 2015 order staying the termination of plaintiff from any pharmacy networks administrated by defendants until the hearing was held of plaintiff's motion for injunctive relief. (Signed by Judge Jed S. Rakoff on 12/15/2015) (spo) |
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| Tuesday, December 15, 2015 | ||
| 33 | 33
order
Temporary Restraining Order
Tue 12/15 2:20 PM
ORDER: IT IS HEREBY ORDERED THAT: 1. The relief granted in the November 23 Order and December 3 Order is extended until the conclusion of the December 11, 2015 hearing on Imat's motion for a temporary restraining order and preliminary injunction. 3. Per hearing on 12/11/15, further extended through 12/15/15. (Signed by Judge Jed S. Rakoff on 12/11/2015) (spo) |
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| Friday, December 11, 2015 | ||
| 32 | 32
order
Temporary Restraining Order
Fri 12/11 4:58 PM
ORDER: IT IS HEREBY ORDERED THAT: 1. The relief granted in the November 23 Order and December 3 Order is extended until the conclusion of the December 11, 2015 hearing on Irmat's motion for a temporary restraining order and preliminary injunction. (As further set forth in this Order.) (Signed by Judge Jed S. Rakoff on 12/8/2015) (spo) |
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| Tuesday, December 08, 2015 | ||
| 31 | 31
service
Waiver of Service Executed
Tue 12/08 2:53 PM
WAIVER OF SERVICE RETURNED EXECUTED. OptumRX, Inc. waiver sent on 12/2/2015, answer due 1/31/2016. Document filed by Park Irmat Drug Corporation. (Scupp, David) |
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minutes
Telephone Conference
Wed 12/09 11:41 AM
Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/8/2015. (Kotowski, Linda) |
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| Friday, December 04, 2015 | ||
| 30 | 30
order
Order
Fri 12/04 2:03 PM
ORDER: IT IS HEREBY ORDERED THAT: 1. Counsel for OptumRx shall immediately disclose to counsel for Irmat the number of Letters that were sent; 2. Until the conclusion of the December 8, 2015 hearing, OptumRx, including its subsidiaries and affiliates, will refrain from making any further communications, or causing any further communications to be made, to members or health plan clients stating that Irmat Pharmacy has been terminated from, or will no longer be participating in, any pharmacy network administered by OptumRx and/or its subsidiaries and affiliates. (As further set forth in this Order.) (Signed by Judge Jed S. Rakoff on 12/3/2015) (spo) |
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| Tuesday, December 01, 2015 | ||
| 29 | 29
respoth
Reply Memorandum of Law in Support (non-motion)
Tue 12/01 11:40 AM
REPLY MEMORANDUM OF LAW in Support re:8 Order to Show Cause,,,, Plaintiff Park Irmat Drug Corp. Corrected Reply Memorandum of Law In Support of Motion for Temporary Restraining Order and Preliminary Injunction . Document filed by Park Irmat Drug Corporation. (Scupp, David) |
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| 28 | 28
respoth
Declaration in Support (non-motion)
Tue 12/01 10:43 AM
DECLARATION of Colleen Kennedy in Support re:8 Order to Show Cause,,,,. Document filed by Park Irmat Drug Corporation. (Scupp, David) |
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| 27 | 27
respoth
Declaration in Support (non-motion)
Tue 12/01 10:40 AM
DECLARATION of Victor Falah in Support re:8 Order to Show Cause,,,,. Document filed by Park Irmat Drug Corporation.(Scupp, David) |
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Att: 1
Exhibit 1.,
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Att: 2
Exhibit 2.,
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Att: 3
Exhibit 3.
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| 26 | 26
respoth
Reply Memorandum of Law in Support (non-motion)
Tue 12/01 10:28 AM
FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #29) REPLY MEMORANDUM OF LAW in Support re:8 Order to Show Cause,,,, Plaintiff Park Irmat Drug Corp. Reply Memorandum of Law In Support of Motion for Temporary Restraining Order and Preliminary Injunction . Document filed by Park Irmat Drug Corporation. (Scupp, David) Modified on 12/1/2015 (lb) |
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| Tuesday, November 24, 2015 | ||
| 25 | 25
30+
pgs
respoth
Memorandum of Law in Opposition (non-motion)
Tue 11/24 5:51 PM
MEMORANDUM OF LAW in Opposition re:8 Order to Show Cause,,,, (Defendant's Memorandum of Law in Opposition to Plaintiff's Order to Show Cause for a Temporary Restraining Order and Preliminary Injunction) . Document filed by OptumRX, Inc.. (Bernstein, Michael) |
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| 24 | 24
respoth
Declaration in Opposition (non-motion)
Tue 11/24 5:46 PM
DECLARATION of Michael H. Bernstein in Opposition re:8 Order to Show Cause,,,,. Document filed by OptumRX, Inc..(Bernstein, Michael) |
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Att: 1
Exhibit F,
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Att: 2
Exhibit G
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| 23 | 23
respoth
Declaration in Opposition (non-motion)
Tue 11/24 5:44 PM
DECLARATION in Opposition re:8 Order to Show Cause,,,,. Document filed by OptumRX, Inc..(Bernstein, Michael) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D-1,
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Att: 5
Exhibit D-2,
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Att: 6
Exhibit D-3,
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Att: 7
Exhibit D-4,
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Att: 8
Exhibit E
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| 22 | 22
order
Scheduling Order ~Util - Set Motion and R&R Deadlines/Hearings
Tue 11/24 12:47 PM
SCHEDULING ORDER: IT IS HEREBY ORDERED, that Defendant's papers in opposition to Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction ("Plaintiff's Motion") shall be filed with the Court and served upon Plaintiff on or before November 24, 2015. Plaintiff's reply papers shall be filed with the Court and served upon Defendant on or before December 1, 2015, at 12:00 p.m. The parties shall appear before the Court on Plaintiffs Motion on December 8, 2015, at 4:30 p.m., at United States Courthouse, 500 Pearl Street, New York, New York 10007, Courtroom 148, unless otherwise ordered by the Court. IT IS FURTHER ORDERED THAT, on consent of the parties, the termination of Plaintiff from any pharmacy network(s) administered by OptumRx and its subsidiaries and affiliates in which it currently participates will be stayed or tolled from November 30, 2015 until the hearing is held on December 8, 2015. Set Deadlines/Hearing as to (Motion Hearing set for 12/8/2015 at 04:30 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff.) Responses due by 11/24/2015. Replies due by 12/1/2015. (Signed by Judge Jed S. Rakoff on 11/23/2015) (spo) |
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| Monday, November 23, 2015 | ||
| 21 | 21
order
Order for Initial Pretrial Conference
Mon 11/23 9:34 PM
NOTICE OF COURT CONFERENCE: Initial Conference set for 12/8/2015 at 04:30 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff as further set forth in this order. (Signed by Judge Jed S. Rakoff on 11/23/2015) (lmb) |
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| 20 | 20
misc
Sealed Document
Mon 11/23 4:02 PM
SEALED DOCUMENT placed in vault.(rz) |
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| 19 | 19
respoth
Affidavit in Support (non-motion)
Mon 11/23 11:45 AM
AFFIDAVIT of Colleen Kennedy in Support re:8 Order to Show Cause,,,,. Document filed by Park Irmat Drug Corporation.(Scupp, David) |
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Att: 1
Exhibit A.
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| 18 | 18
respoth
Affidavit in Support (non-motion)
Mon 11/23 11:43 AM
AFFIDAVIT of Christopher O'Keefe in Support re:8 Order to Show Cause,,,,. Document filed by Park Irmat Drug Corporation. (Scupp, David) |
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| 17 | 17
respoth
Affidavit in Support (non-motion)
Mon 11/23 11:40 AM
AFFIDAVIT of Victor Falah in Support re:8 Order to Show Cause,,,,. Document filed by Park Irmat Drug Corporation.(Scupp, David) |
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Att: 1
Exhibit 1. (Redacted),
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Att: 2
Exhibit 2. (Redacted),
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Att: 3
Exhibit 3. (Redacted),
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Att: 4
Exhibit 4.,
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Att: 5
Exhibit 5.,
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Att: 6
Exhibit 6.,
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Att: 7
Exhibit 7.,
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Att: 8
Exhibit 8.,
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Att: 9
Exhibit 9.,
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Att: 10
Exhibit 10. (Redacted),
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Att: 11
Exhibit 11.,
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Att: 12
Exhibit 12.
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| 16 | 16
respoth
Declaration in Support (non-motion)
Mon 11/23 11:31 AM
DECLARATION of Matthew L. Cantor in Support re:8 Order to Show Cause,,,,. Document filed by Park Irmat Drug Corporation. (Scupp, David) |
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| 15 | 15
24
pgs
respoth
Memorandum of Law in Support (non-motion)
Mon 11/23 11:24 AM
MEMORANDUM OF LAW in Support re:8 Order to Show Cause,,,, Plaintiff Park Irmat Drug Corp.s Memorandum Of Law In Support Of Motion For Temporary Restraining Order And Preliminary Injunction . Document filed by Park Irmat Drug Corporation. (Scupp, David) |
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| Wednesday, November 18, 2015 | ||
| 14 | 14
order
Protective Order
Wed 11/18 5:22 PM
PROTECTIVE ORDER: Regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Jed S. Rakoff on 11/17/2015) (spo) |
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| Tuesday, November 17, 2015 | ||
| 13 | 13
notice
Notice of Change of Address
Tue 11/17 4:53 PM
NOTICE OF CHANGE OF ADDRESS by Hamsa Ananthi Mahendranathan on behalf of All Plaintiffs. New Address: Constantine Cannon LLP, 335 Madison Ave., Floor 9, New York, NEW YORK, United States 10017, 2123502700. (Mahendranathan, Hamsa) |
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| Monday, November 16, 2015 | ||
| 12 | 12
notice
Notice of Appearance
Mon 11/16 3:42 PM
NOTICE OF APPEARANCE by Hamsa Ananthi Mahendranathan on behalf of Park Irmat Drug Corporation. (Mahendranathan, Hamsa) |
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| 11 | 11
misc
Rule 7.1 Corporate Disclosure Statement
Mon 11/16 1:48 PM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Park Irmat Drug Corporation.(Cantor, Matthew) |
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| 10 | 10
notice
Notice of Appearance
Mon 11/16 12:38 PM
NOTICE OF APPEARANCE by David Alan Scupp on behalf of Park Irmat Drug Corporation. (Scupp, David) |
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| 9 | 9
notice
Notice of Appearance
Mon 11/16 12:32 PM
NOTICE OF APPEARANCE by Matthew L. Cantor on behalf of Park Irmat Drug Corporation. (Cantor, Matthew) |
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minutes
Telephone Conference
Tue 11/17 1:16 PM
Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/16/2015. (Kotowski, Linda) |
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| Friday, November 13, 2015 | ||
| 8 | 8
order
Order to Show Cause
Mon 11/16 10:06 AM
TEMPORARY RESTRAINING ORDER, ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ENTERED AND PROTECTIVE ORDER filed by Park Irmat Drug Corporation. ORDERED that Defendant OptumRx, Inc., including all subsidiaries and affiliates, ("Optum"), show cause before this Court why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure preventing, prohibiting, and enjoining Optum during the pendency of this action from terminating Plaintiff Park Irmat Drug Corp. ("Irmat") from Optum's pharmacy network. ORDERED that Defendant serve any papers in opposition on Plaintiff's attorneys by overnight delivery or email so as to be received on a date to be fixed by Judge Rakoff. ORDERED that Plaintiff serve any reply papers on Defendant's attorneys by overnight delivery or email so as to be received on a date to be fixed by Judge Rakoff. (As further set forth in this Order.) Show Cause Hearing set for 11/17/2015 at 11:30 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge John F. Keenan, Part I on 11/13/2015) (kko) |
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| 7 | 7
misc
State Court Records and Proceedings Purs. to Rule 81
Fri 11/13 1:07 PM
STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by OptumRX, Inc..(Bernstein, Michael) |
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| 6 | 6
service
Certificate of Service Other
Fri 11/13 11:12 AM
CERTIFICATE OF SERVICE of Rule 7.1 Disclosure Statement on 11/13/15. Service was made by MAIL. Document filed by OptumRX, Inc.. (Seybert, John) |
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| 5 | 5
service
Certificate of Service Complaints
Fri 11/13 11:11 AM
CERTIFICATE OF SERVICE. Service was made by MAIL. Document filed by OptumRX, Inc.. (Seybert, John) |
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| 4 | 4
notice
Notice of Appearance
Fri 11/13 11:09 AM
NOTICE OF APPEARANCE by John T Seybert on behalf of OptumRX, Inc.. (Seybert, John) |
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| 3 | 3
misc
Rule 7.1 Corporate Disclosure Statement
Fri 11/13 11:06 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent UnitedHealth Group Incorporated for OptumRX, Inc.. Document filed by OptumRX, Inc..(Bernstein, Michael) |
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| 2 | 2
misc
Civil Cover Sheet
Fri 11/13 10:57 AM
CIVIL COVER SHEET filed. (Bernstein, Michael) |
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| 1 | 1
notice
Notice of Removal
Fri 11/13 10:55 AM
NOTICE OF REMOVAL from Supreme Court, County of New York County. Case Number: 653756/2015. (Filing Fee $ 400.00, Receipt Number 0208-11622718).Document filed by OptumRX, Inc..(Bernstein, Michael) |
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notice
Case Opening Initial Assignment Notice
Fri 11/13 12:35 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (rch) |
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utility
Case Designation
Fri 11/13 12:35 PM
Magistrate Judge Andrew J. Peck is so designated. (rch) |
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utility
Case Designated ECF
Fri 11/13 12:36 PM
Case Designated ECF. (rch) |
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