Eli Lilly and Company v. Wells Pharmacy Network, LLC

Florida Middle District Court
Judge:James S Moody, Jr
Referred: Philip R Lammens
Case #: 5:23-cv-00576
Nature of Suit380 Torts - Personal Property - Other Personal Property Damage
Cause28:1332 Diversity-Deceptive Trade Practices
Case Filed:Sep 19, 2023
Terminated:Feb 05, 2024
Last checked: Sunday Mar 17, 2024 5:25 AM EDT
Defendant
Wells Pharmacy Network, LLC
Represented By
Margaret L. Manning
Phelps Dunbar LLP
contact info
David L. Patron
Phelps Dunbar LLP
contact info
Michael S. Hooker
Phelps Dunbar LLP
contact info
Robert Harrison Golden
Phelps Dunbar LLP
contact info
Plaintiff
Eli Lilly and Company
Represented By
Brian P. Miller
King & Spalding
contact info


Docket last updated: 9 hours ago
Monday, February 05, 2024
30 30 8 pgs order Order on Motion to Dismiss Order on Motion for Protective Order Mon 02/05 11:59 AM
ORDER: Defendant's Motion to Dismiss (Dkt. 23 ) is granted. The Amended Complaint is dismissed with prejudice. The Clerk of Court is directed to close this case. Any pending motions are terminated as moot. Signed by Judge James S. Moody, Jr. on 2/5/2024. (SMB)
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Friday, February 02, 2024
29 29 15 pgs motion Protective Order Fri 02/02 12:45 PM
MOTION for Protective Order Staying Discovery Pending Resolution of Motion to Dismiss by Wells Pharmacy Network, LLC.(Manning, Margaret)
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Att: 1 40 pgs Exhibit 1,
Att: 2 15 pgs Exhibit 2,
Att: 3 10 pgs Exhibit 3
Thursday, January 25, 2024
28 28 6 pgs respm Memorandum in support Thu 01/25 6:09 PM
MEMORANDUM in support re24 Response in Opposition to Motion to Dismiss filed by Wells Pharmacy Network, LLC. (Manning, Margaret)
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Thursday, January 18, 2024
27 27 order Order on Motion for Miscellaneous Relief Thu 01/18 10:45 AM
ENDORSED ORDER granting 25 Motion for Leave to File a Reply Memorandum in Support of the Motion to Dismiss the Amended Complaint. Signed by Judge James S. Moody, Jr. on 1/18/2024. (SMB)
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26 26 3 pgs respm Response in Opposition to Motion Thu 01/18 9:48 AM
RESPONSE in Opposition re25 MOTION for Leave to File a Reply Memorandum filed by Eli Lilly and Company. (Miller, Brian) Modified text on 1/18/2024 (BD)
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Tuesday, January 16, 2024
25 25 4 pgs motion Miscellaneous Relief Tue 01/16 4:59 PM
MOTION for Miscellaneous Relief, specifically Leave to File Reply Memorandum in Support of Motion to Dismiss Amended Complaint by Wells Pharmacy Network, LLC. (Manning, Margaret)
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Friday, January 12, 2024
24 24 22 pgs respm Response in Opposition to Motion Fri 01/12 2:28 PM
RESPONSE in Opposition re23 MOTION to Dismiss Amended Complaint PLAINTIFF ELI LILLY AND COMPANY'S OPPOSITION TO DEFENDANT'S MOTION TO DISMISS filed by Eli Lilly and Company. (Miller, Brian)
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Monday, December 18, 2023
23 23 36 pgs motion Dismiss Mon 12/18 6:35 PM
MOTION to Dismiss Amended Complaint by Wells Pharmacy Network, LLC.(Manning, Margaret)
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Att: 1 42 pgs Exhibit Exhibit A
Wednesday, December 13, 2023
22 22 order Case Management Scheduling Order Wed 12/13 2:50 PM
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 8/19/2024; Dispositive motions due by 9/20/2024; Pretrial Conference is set on WEDNESDAY, FEBRUARY 5, 2025, AT 9:30 A.M. in Tampa Courtroom 17 before Judge James S. Moody Jr. BENCH TRIAL is set on the MARCH 2025 trial term in Tampa Courtroom 17 before Judge James S. Moody Jr. Conduct mediation hearing by 8/30/2024. Lead counsel to coordinate dates. Signed by Judge James S. Moody, Jr. on 12/13/2023. (SMB)
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Monday, December 11, 2023
21 21 misc Case Management Report Mon 12/11 5:13 PM
CASE MANAGEMENT REPORT. (Miller, Brian)
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Monday, December 04, 2023
20 20 order Order on Motion for Extension of Time to File Response / Reply Mon 12/04 8:24 AM
EENDORSED ORDER granting 19 Defendant Wells Pharmacy's Unopposed Motion for Extension of Time. Well Pharmacy's deadline to respond to the First Amended Complaint is extended to Monday December 18, 2023. Plaintiff may file its opposition, if any, by Friday, January 12, 2024. Signed by Judge James S. Moody, Jr. on 12/4/2023. (SMB)
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Friday, December 01, 2023
19 19 motion Extension of Time to File Response / Reply Fri 12/01 4:57 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to17 Amended Complaint by Wells Pharmacy Network, LLC. (Manning, Margaret)
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Tuesday, November 21, 2023
18 18 order Order on Motion to Dismiss Tue 11/21 9:46 AM
ENDORSED ORDER denying as moot 11 Motion to Dismiss pursuant to the filing of the Amended Complaint 17 . Signed by Judge James S. Moody, Jr. on 11/21/2023. (JG)
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Monday, November 20, 2023
17 17 21 pgs cmp Amended Complaint Mon 11/20 8:59 PM
AMENDED COMPLAINT First Amended Complaint against Wells Pharmacy Network, LLC filed by Eli Lilly and Company.(Miller, Brian)
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Att: 1 27 pgs Exhibit A - 09-20-16-WellsPharmacy Recall Notice,
Att: 2 2 pgs Exhibit B - Form 483_6.22.18_boxed_Redacted,
Att: 3 4 pgs Exhibit C - Form 483-Issued-09 13-2016
Att: 4 7 pgs Exhibit D - Warning Ltr 2014 _ Wells Pharmacy Network LLC 11_10_14
Thursday, November 09, 2023
16 16 misc Corporate Disclosure Statement Thu 11/09 2:52 PM
CORPORATE Disclosure Statement by Wells Pharmacy Network, LLC. (Manning, Margaret)
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Thursday, November 02, 2023
15 15 1 pgs order Order on Motion to Appear Pro Hac Vice Thu 11/02 3:14 PM
ORDER granting 6 Motion to Appear Pro Hac Vice; granting 7 Motion to Appear Pro Hac Vice; granting 8 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Philip R. Lammens on 11/2/2023. (EE)
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Tuesday, October 31, 2023
14 14 notice Notice to Counsel of Local Rule Tue 10/31 12:05 PM
NOTICE TO COUNSEL David L. Patron, Margaret L. Manning and Robert Harrison Golden Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (AJS)
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13 13 notice Notice to Counsel of Local Rule Tue 10/31 10:36 AM
NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (SMB)
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12 12 notice Notice to Counsel of Local Rule Tue 10/31 10:36 AM
NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge . (Signed by Deputy Clerk). (SMB)
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Monday, October 30, 2023
11 11 motion Dismiss Mon 10/30 6:13 PM
MOTION to Dismiss Complaint by Wells Pharmacy Network, LLC.(Hooker, Michael)
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Att: 1 Exhibit A
10 10 notice Notice of a Related Action Mon 10/30 6:09 PM
NOTICE of a related action per Local Rule 1.07(c) by Wells Pharmacy Network, LLC. Related case(s): Yes (Hooker, Michael)
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9 9 notice Notice of Lead Counsel Designation Mon 10/30 6:08 PM
NOTICE of Lead Counsel Designation by Michael S. Hooker on behalf of Wells Pharmacy Network, LLC. Lead Counsel: David L. Patron. (Hooker, Michael)
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8 8 motion Appear Pro Hac Vice Mon 10/30 6:00 PM
MOTION for Margaret L. Manning to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21409175 for $150 by Wells Pharmacy Network, LLC.(Hooker, Michael)
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Att: 1 Exhibit Certificate of Good Standing
7 7 motion Appear Pro Hac Vice Mon 10/30 5:58 PM
MOTION for R. Harrison Golden to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21409171 for $150 by Wells Pharmacy Network, LLC.(Hooker, Michael)
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Att: 1 Exhibit Certificate of Good Standing
6 6 motion Appear Pro Hac Vice Mon 10/30 5:54 PM
MOTION for David Patron to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21409163 for $150 by Wells Pharmacy Network, LLC.(Hooker, Michael)
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Att: 1 Exhibit Certificate of Good Standing
Friday, October 13, 2023
5 5 service Proof of service Fri 10/13 4:11 PM
PROOF of service by Eli Lilly and Company (Miller, Brian)
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Wednesday, September 20, 2023
4 4 service Summons issued Wed 09/20 2:33 PM
SUMMONS issued as to Wells Pharmacy Network, LLC. (AJS)
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Tuesday, September 19, 2023
3 3 misc Corporate Disclosure Statement Tue 09/19 5:38 PM
CORPORATE Disclosure Statement by Eli Lilly and Company. (Miller, Brian)
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2 2 utility Case Assigned/Reassigned Tue 09/19 4:19 PM
NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Philip R. Lammens. New case number: 5:23-cv-00576-JSM-PRL. (JG)
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1 1 13 pgs cmp Complaint Tue 09/19 3:37 PM
COMPLAINT against Wells Pharmacy Network, LLC (Filing fee $402 receipt number AFLMDC-21267832) filed by Eli Lilly and Company.(Miller, Brian) Modified on 9/20/2023 to edit docket text (AJS).
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Att: 1 1 pgs Civil Cover Sheet,
Att: 2 2 pgs Proposed Summons,
Att: 3 27 pgs Exhibit A 09-20-16-WellsPharmacy Recall Notice,
Att: 4 2 pgs Exhibit B Form 483_6.22.18_boxed_Redacted,
Att: 5 4 pgs Exhibit C Form 483-Issued-09 13-2016
Att: 6 7 pgs Exhibit D Warning Ltr 2014 _ Wells Pharmacy Network LLC 11_10_14