Derryberry v. PharMerica

Federal Civil Lawsuit Oklahoma Western District Court, Case No. 5:16-cv-00207
District Judge Robin J. Cauthron, presiding
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District Judge Robin J. Cauthron
Last Updated July 29, 2025 at 1:05 PM EDT (4.5 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Anonymized Party [5374483], Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Roy S Dickinson roy.d@coxinet.net
v.
No Logo PharMerica, Defendant

Represented by McAfee & Taft

Name Phone Fax E-Mail
Space Nathan L. Whatley nathan.whatley@mcafeetaft.com

Represented by Phillips Murrah, PC

Name Phone Fax E-Mail
Space Lauren B Hanna +1 405 235 4100 +1 405 235 4133 lbhanna@phillipsmurrah.com

Represented by Thompson Hine - Cincinnati

Name Phone Fax E-Mail
Space Jack F Fuchs jfuchs@fuse.net
The Hartford The Hartford, Defendant
Attributes
Nature of Suit 791 - Labor: Employee Retirement Income Security Act (ERISA)
Cause Section 28 U.S.C. § 1441 Petition for Removal
Jurisdiction Federal Question
Case Status closed
Jury Demand None
Monetary Demand $75,000
Anonymization By SCALES
Timeline
  Entries (61) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 60 Filed: 1/26/2017, Entered: 1/26/2017
JUDGMENT. Signed by Honorable Robin J. Cauthron on 1/26/17. (lg)
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Legal Document (Payment Possibly Required) 59 Filed: 1/26/2017, Entered: 1/26/2017
ORDER granting 39 Defendant's Motion for Summary Judgment; denying 41 Plaintiff's Motion for Partial Summary Judgment; striking as moot 54 Defendant's Motion in Limine; striking as moot 58 Defendant's Motion to Strike ; striking moot 37 Defendant's Motion in Limine. Signed by Honorable Robin J. Cauthron on 1/26/17. (lg)
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Legal Document (Payment Possibly Required) 58 Filed: 1/25/2017, Entered: 1/25/2017
MOTION to Strike 57 Trial Brief with Supporting Brief by PharMerica. (Fuchs, Jack)
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Legal Document (Payment Possibly Required) 57 Filed: 1/24/2017, Entered: 1/24/2017
TRIAL BRIEF by Plaintiff 5374483. (Dickinson, Roy)
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Legal Document (Payment Possibly Required) 56 Filed: 1/23/2017, Entered: 1/23/2017
Proposed Findings of Fact by Plaintiff 5374483. (Dickinson, Roy)
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Legal Document (Payment Possibly Required) 55 Filed: 1/23/2017, Entered: 1/23/2017
TRIAL BRIEF by Defendant PharMerica. (Fuchs, Jack)
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Legal Document (Payment Possibly Required) 54 Filed: 1/23/2017, Entered: 1/23/2017
MOTION in Limine -Renewed by PharMerica. (Fuchs, Jack)
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Legal Document (Payment Possibly Required) 53 Filed: 1/23/2017, Entered: 1/23/2017
Proposed Findings of Fact by Defendant PharMerica. (Fuchs, Jack)
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Legal Document (Payment Possibly Required) 52 Filed: 1/12/2017, Entered: 1/12/2017
REPLY to Response to Motion re 41 FIRST MOTION for Summary Judgment filed by 5374483. (Dickinson, Roy)
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Legal Document (Payment Possibly Required) 51 Filed: 1/12/2017, Entered: 1/12/2017
REPLY to Response to Motion re 39 MOTION for Summary Judgment filed by PharMerica. (Attachments: # 1 Exhibit 1: Lebahn Complaint)(Fuchs, Jack)
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Legal Document (Payment Possibly Required) 50 Filed: 1/6/2017, Entered: 1/6/2017
TRIAL DOCKET: Bench Trial set for 2/14/2017 09:00 AM in Courtroom 501 before Honorable Robin J. Cauthron. (lg)
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Legal Document (Payment Possibly Required) 49 Filed: 1/5/2017, Entered: 1/5/2017
RESPONSE in Opposition re 39 MOTION for Summary Judgment filed by 5374483. (Attachments: # 1 Exhibit Pharmerica enrollment and coverage letter)(Dickinson, Roy)
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Legal Document (Payment Possibly Required) 48 Filed: 1/5/2017, Entered: 1/5/2017
RESPONSE in Opposition re 41 FIRST MOTION for Summary Judgment of Plaintiff filed by PharMerica. (Fuchs, Jack)
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Legal Document (Payment Possibly Required) 47 Filed: 1/3/2017, Entered: 1/3/2017
NOTICE (other) by PharMerica re 46 Notice (other),,,,, Corrected Notice of filling of Defendant's Exhibits (Attachments: # 1 Exhibit Defendant's No. 1, # 2 Exhibit Defendant's No. 2, # 3 Exhibit Defendant's No. 3, # 4 Exhibit Defendant's No. 5, # 5 Exhibit Defendant's No. 6, # 6 Exhibit Defendant's No. 8, # 7 Exhibit Defendant's No. 9, # 8 Exhibit Defendant's No. 10, # 9 Exhibit Defendant's No. 11, # 10 Exhibit Defendant's No. 12, # 11 Exhibit Defendant's No. 13, # 12 Exhibit Defendant's No. 14, # 13 Exhibit Defendant's No. 15, # 14 Exhibit Defendant's No. 16, # 15 Exhibit Defendant's No. 17, # 16 Exhibit Defendant's No. 19, # 17 Exhibit Defendant's No. 20)(Fuchs, Jack)
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Legal Document (Payment Possibly Required) 46 Filed: 1/3/2017, Entered: 1/3/2017
NOTICE (other) by PharMerica re 44 Notice (other), of Filing Defendant's Exhibits Used at the November 28, 2016 Deposition of Anna Langford (Attachments: # 1 Exhibit : Langford deposition- Defendant's exhibit 1, # 2 Exhibit : Langford deposition- Defendant's exhibit 2, # 3 Exhibit : Langford deposition- Defendant's exhibit 3, # 4 Exhibit : Langford deposition- Defendant's exhibit 5, # 5 Exhibit : Langford deposition- Defendant's exhibit 6, # 6 Exhibit : Langford deposition- Defendant's exhibit 8, # 7 Exhibit : Langford deposition- Defendant's exhibit 9, # 8 Exhibit : Langford deposition- Defendant's exhibit 10, # 9 Exhibit : Langford deposition- Defendant's exhibit 11, # 10 Exhibit : Langford deposition- Defendant's exhibit 12, # 11 Exhibit : Langford deposition- Defendant's exhibit 13, # 12 Exhibit : Langford deposition- Defendant's exhibit 14, # 13 Exhibit : Langford deposition- Defendant's exhibit 15, # 14 Exhibit : Langford deposition- Defendant's exhibit 16, # 15 Exhibit : Langford deposition- Defendant's exhibit 17, # 16 Exhibit : Langford deposition- Defendant's exhibit 19, # 17 Exhibit : Langford deposition- Defendant's exhibit 20)(Fuchs, Jack)
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Legal Document (Payment Possibly Required) 45 Filed: 1/3/2017, Entered: 1/3/2017
NOTICE (other) by PharMerica re 44 Notice (other), of Filing Plaintiff's Exhibits Used at the November 28, 2016 deposition of Anna Langford (Attachments: # 1 Exhibit : Langford deposition- Plaintiff's exhibit 1, # 2 Exhibit :: Langford deposition- Plaintiff's exhibit 2, # 3 Exhibit :: Langford deposition- Plaintiff's exhibit 3, # 4 Exhibit : Langford deposition- Plaintiff's exhibit 4, # 5 Exhibit : Langford deposition- Plaintiff's exhibit 5, # 6 Exhibit : Langford deposition- Plaintiff's exhibit 6)(Fuchs, Jack)
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Legal Document (Payment Possibly Required) 44 Filed: 1/3/2017, Entered: 1/3/2017
NOTICE (other) by PharMerica re 41 FIRST MOTION for Summary Judgment , 39 MOTION for Summary Judgment of filing Transcript of November 28, 2016 deposition of Anna Langford with errata sheets (Attachments: # 1 Appendix : Transcript of November 28, 2016 deposition of Anna Langford, # 2 Appendix : Errata sheets to transcript of November 28, 2016 deposition of Anna Langford)(Fuchs, Jack)
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Legal Document (Payment Possibly Required) 43 Filed: 12/28/2016, Entered: 12/28/2016
REPLY to Response to Motion re 37 MOTION in Limine to Preclude Plaintiff from Offering Witnesses or Exhibits at the Trial of This Action filed by PharMerica. (Attachments: # 1 Affidavit of Jack Fuchs, Esq., # 2 Exhibit 1 to affidavit of Jack Fuchs, Esq., # 3 Exhibit 2 to Affidavit of Jack Fuchs, Esq., # 4 Appendix : Transcript of Deposition of Anna Langford, # 5 Exhibit 4 (Plaintiff's Exhibit) to Anna Langford Deposition Transcript, # 6 Exhibit 1 (Defendant's Exhibit) to Anna Langford Deposition Transcript)(Fuchs, Jack)
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Legal Document (Payment Possibly Required) 42 Filed: 12/21/2016, Entered: 12/21/2016
RESPONSE in Opposition re 37 MOTION in Limine to Preclude Plaintiff from Offering Witnesses or Exhibits at the Trial of This Action filed by 5374483. (Attachments: # 1 Exhibit Defense designation of 30(b)(6) witness, etc.)(Dickinson, Roy)
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Legal Document (Payment Possibly Required) 41 Filed: 12/15/2016, Entered: 12/15/2016
FIRST MOTION for Summary Judgment by 5374483. (Attachments: # 1 Exhibit Deposition of Anna Langford, # 2 Exhibit Newly disclosed correspondence, # 3 Exhibit Pollard 12/12/13 letter, # 4 Exhibit Notice of Deposition Duces Tecum)(Dickinson, Roy)
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Legal Document (Payment Possibly Required) 40 Filed: 12/15/2016, Entered: 12/15/2016
AFFIDAVIT in Support re 39 MOTION for Summary Judgment filed by PharMerica. (Attachments: # 1 Exhibit 1 to Anna Langford Affidavit-life insurance spd, # 2 Exhibit 2 to Anna Langford Affidavit-2/13/15 claims letter, # 3 Exhibit 3 to Anna Langford Affidavit: Apr. 2, 2015 adverse determination letter, # 4 Exhibit 4 to Anna Langford Affidavit: appeal, # 5 Exhibit 5 to Anna Langford Affidavit: 9/21/15 letter, # 6 Exhibit 6 to Anna Langford Affidavit: Pollard letter, # 7 Exhibit 7 to Anna Langford Affidavit: Oct. 6, 2015 letter, # 8 Exhibit 8 to Anna Langford Affidavit: 10/22/15 letter, # 9 Exhibit 9 to Anna Langford Affidavit: 12/7/15 denial of appeal letter, # 10 Exhibit 10 to Anna Langford Affidavit: exit checklist, # 11 Exhibit 11 to Anna Langford Affidavit: benefits coordinator list, # 12 Exhibit 12 to Anna Langford Affidavit: Pollard letter, # 13 Exhibit 13 to Anna Langford Affidavit: screen shots, # 14 Exhibit 14 to Anna Langford Affidavit: screen shot, # 15 Exhibit 15 to Anna Langford Affidavit: 12/24/13 confirmation of benefits, # 16 Exhibit 16 to Anna Langford Affidavit: screen shot, # 17 Exhibit 17 to Anna Langford Affidavit: final pay stub, # 18 Exhibit 18 to Anna Langford Affidavit: Pollard job description, # 19 Exhibit 19 to Anna Langford Affidavit:, # 20 Exhibit 10 to Anna Langford Affidavit, # 21 Attachment : Certificate of Service)(Fuchs, Jack)
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Legal Document (Payment Possibly Required) 39 Filed: 12/15/2016, Entered: 12/15/2016
MOTION for Summary Judgment by PharMerica. (Fuchs, Jack)
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Legal Document (Payment Possibly Required) 38 Filed: 11/30/2016, Entered: 11/30/2016
ORDER granting 36 Plaintiff's Opposed Motion for Extension of Time. Signed by Honorable Robin J. Cauthron on 11/30/16. (lg)
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Legal Document (Payment Possibly Required) 37 Filed: 11/30/2016, Entered: 11/30/2016
MOTION in Limine to Preclude Plaintiff from Offering Witnesses or Exhibits at the Trial of This Action by PharMerica. (Fuchs, Jack)
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Legal Document (Payment Possibly Required) 36 Filed: 11/30/2016, Entered: 11/30/2016
FIRST MOTION for Extension of Time to file dispositive motions by 5374483. (Dickinson, Roy)
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Legal Document (Payment Possibly Required) 35 Filed: 11/25/2016, Entered: 11/25/2016
Exhibit List / Witness List -Final exhibit list and Final witness list for trial (pursuant to June 6, 2016 Scheduling Order) filed by Defendant PharMerica. (Fuchs, Jack)
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Legal Document (Payment Possibly Required) 34 Filed: 10/7/2016, Entered: 10/7/2016
ORDER granting in part and denying in part 18 Plaintiff's Motion to Conduct ERISA Discovery ; striking 20 Defendant's Motion for Judgment on the Pleadings as to the Amended Complaint ; granting in part and denying in part 30 Motion of Defendant PharMerica Corporation for Judgment on the Pleadings as to the Second Amended Complaint. Signed by Honorable Robin J. Cauthron on 10/7/16. (lg)
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Legal Document (Payment Possibly Required) 33 Filed: 10/7/2016, Entered: 10/7/2016
(Document Restricted)SEALED Notice of Defendant Pharmerica Corporation of Filing Administrative Record by PharMerica (Fuchs, Jack)
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Legal Document (Payment Possibly Required) 32 Filed: 9/9/2016, Entered: 9/9/2016
REPLY to Response to Motion re 30 MOTION for Judgment on the Pleadings as to the Second Amended Complaint [Doc. 28] filed by PharMerica. (Attachments: # 1 Exhibit A: Employment Offer)(Fuchs, Jack)
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Legal Document (Payment Possibly Required) 31 Filed: 9/6/2016, Entered: 9/6/2016 Court Filing
RESPONSE in Opposition re 30 MOTION for Judgment on the Pleadings as to the Second Amended Complaint [Doc. 28] filed by 5374483. (Attachments: # 1 Exhibit Debbie Pollard letter, # 2 Exhibit Enrollment form, # 3 Exhibit Memo-did not submit enrollment, # 4 Exhibit Anna Langford Letter, # 5 Exhibit "Hire" definition, # 6 Exhibit Judge Leonard Order)(Dickinson, Roy)
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Legal Document (Payment Possibly Required) 30 Filed: 8/16/2016, Entered: 8/16/2016
MOTION for Judgment on the Pleadings as to the Second Amended Complaint [Doc. 28] by PharMerica. (Attachments: # 1 Exhibit 1: Plan Document, # 2 Exhibit 2: Pollard Letter, # 3 Exhibit 3: Mr. 5374483 benefits election)(Fuchs, Jack)
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Legal Document (Payment Possibly Required) 29 Filed: 8/10/2016, Entered: 8/10/2016
ANSWER to 28 Amended Complaint -Second Amended Complaint by PharMerica. (Attachments: # 1 Exhibit 1: Pollard Letter)(Fuchs, Jack) (Main Document 29 replaced on 8/10/2016) (lg).
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Legal Document (Payment Possibly Required) 28 Filed: 8/4/2016, Entered: 8/4/2016
AMENDED COMPLAINT against PharMerica filed by 5374483.(Dickinson, Roy)
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Legal Document (Payment Possibly Required) 27 Filed: 8/2/2016, Entered: 8/2/2016
REPLY to Response to Motion re 20 MOTION for Judgment on the Pleadings As to The Amended Complaint and Brief in Support filed by PharMerica. (Fuchs, Jack)
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Legal Document (Payment Possibly Required) 26 Filed: 8/1/2016, Entered: 8/1/2016
ORDER granting 24 Plaintiff's Unopposed Second Motion to Amend her Complaint. Signed by Honorable Robin J. Cauthron on 8/1/16. (lg)
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Legal Document (Payment Possibly Required) 25 Filed: 7/27/2016, Entered: 7/27/2016 Court Filing
RESPONSE in Opposition re 20 MOTION for Judgment on the Pleadings As to The Amended Complaint and Brief in Support filed by 5374483. (Attachments: # 1 Exhibit Letter from Debbie Pollard, # 2 Exhibit Enrollment verification, # 3 Exhibit Memo re not sent to Hartford, # 4 Exhibit Letter from Anna Langford, # 5 Exhibit Judge Leonard order)(Dickinson, Roy)
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Legal Document (Payment Possibly Required) 24 Filed: 7/27/2016, Entered: 7/27/2016
UNOPPOSED MOTION to Amend/Correct 14 Amended Complaint by 5374483. (Dickinson, Roy)
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Legal Document (Payment Possibly Required) 23 Filed: 7/8/2016, Entered: 7/8/2016
NOTICE (other) by PharMerica re 20 MOTION for Judgment on the Pleadings As to The Amended Complaint and Brief in Support (erroneously omitted from original filing) (Attachments: # 1 Exhibit 2: Exhibit in support of motion for judgment on pleadings-excerpt from administrative record)(Fuchs, Jack)
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Legal Document (Payment Possibly Required) 22 Filed: 7/7/2016, Entered: 7/7/2016
NOTICE (other) by PharMerica re 21 Response in Opposition to Motion, Filing of Exhibit A in support of Opposition (Attachments: # 1 Exhibit A: Appendix to Opposition to Motion to Compel Discovery)(Fuchs, Jack)
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Legal Document (Payment Possibly Required) 21 Filed: 7/6/2016, Entered: 7/6/2016
RESPONSE in Opposition re 18 FIRST MOTION to Take Deposition of 30 B 6 designee and Written Discovery Motion Defendant Pharmerica Corporation's Response Opposing Plaintiff's Motion to Conduct ERISA Discovery filed by PharMerica. (Attachments: # 1 Attachment Responses to Plaintiff's Discovery)(Hanna, Lauren)
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Legal Document (Payment Possibly Required) 20 Filed: 7/6/2016, Entered: 7/6/2016
MOTION for Judgment on the Pleadings As to The Amended Complaint and Brief in Support by PharMerica. (Attachments: # 1 Exhibit Plan Document)(Hanna, Lauren)
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Legal Document (Payment Possibly Required) 19 Filed: 7/1/2016, Entered: 7/1/2016
NOTICE (other) by 5374483 Regarding non-service of Hartford Life Insurance (Dickinson, Roy)
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Legal Document (Payment Possibly Required) 18 Filed: 6/15/2016, Entered: 6/15/2016
FIRST MOTION to Take Deposition of 30 B 6 designee and Written Discovery Motion by 5374483. (Attachments: # 1 Exhibit Proposed Written Discovery, # 2 Exhibit Proposed 30 (b)(6), # 3 Exhibit Rule 26 disclosure excerpt, # 4 Exhibit Coverage Letter, # 5 Exhibit Rule 26 disclosure excerpt, # 6 Exhibit Letter-Langford, # 7 Exhibit Claim letter, # 8 Exhibit First denial, # 9 Exhibit Second denial, # 10 Exhibit Plan summary, # 11 Exhibit Rule 26 disclosure excerpt, # 12 Exhibit Court Order, # 13 Exhibit Court Order)(Dickinson, Roy) (Attachment 7 replaced on 6/16/2016) (lg).
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Legal Document (Payment Possibly Required) 17 Filed: 6/6/2016, Entered: 6/6/2016
SCHEDULING ORDER: Bench Trial set for 2/14/2017 09:00 AM in Courtroom 501 before Honorable Robin J. Cauthron. Motions due by 12/1/2016.. Signed by Honorable Robin J. Cauthron on 6/6/16. (lg)
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Legal Document (Payment Possibly Required) 16 Filed: 5/31/2016, Entered: 5/31/2016
ANSWER to 14 Amended Complaint by PharMerica.(Whatley, Nathan)
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Legal Document (Payment Possibly Required) 15 Filed: 5/24/2016, Entered: 5/24/2016
JOINT STATUS REPORT AND DISCOVERY PLAN by Plaintiff 5374483. (Dickinson, Roy)
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Legal Document (Payment Possibly Required) 14 Filed: 5/20/2016, Entered: 5/20/2016
AMENDED COMPLAINT against PharMerica filed by 5374483.(Dickinson, Roy)
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Legal Document (Payment Possibly Required) 13 Filed: 5/20/2016, Entered: 5/20/2016
ORDER granting 12 Motion to Amend/Correct. Signed by Honorable Robin J. Cauthron on 5/20/2016. (sr)
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Legal Document (Payment Possibly Required) 12 Filed: 5/19/2016, Entered: 5/19/2016
UNOPPOSED MOTION to Amend/Correct Complaint by 5374483. (Attachments: # 1 Exhibit Proposed Amended Complaint)(Dickinson, Roy)
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Legal Document (Payment Possibly Required) 11 Filed: 5/9/2016, Entered: 5/9/2016
STATUS/SCHEDULING CONFERENCE DOCKET(lg)
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Legal Document (Payment Possibly Required) 10 Filed: 5/4/2016, Entered: 5/4/2016
ENTRY of Appearance by Roy S Dickinson on behalf of 5374483 (Dickinson, Roy)
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Legal Document (Payment Possibly Required) 9 Filed: 3/21/2016, Entered: 3/21/2016
ENTRY of Appearance by Jack F Fuchs on behalf of PharMerica (Fuchs, Jack)
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Legal Document (Payment Possibly Required) 8 Filed: 3/17/2016, Entered: 3/17/2016
ORDER granting 6 Motion to Appear Pro Hac Vice - Jack F. Fuchs. Signed by Honorable Robin J. Cauthron on 3/17/16. (lg)
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Legal Document (Payment Possibly Required) 7 Filed: 3/15/2016, Entered: 3/15/2016
Receipt for Money Received from PharMerica in the amount of $50.00, receipt number OKW500052679 regarding 6 MOTION for Leave to Appear Pro Hac Vice Jack F. Fuchs Esq. (pw)
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Legal Document (Payment Possibly Required) 6 Filed: 3/14/2016, Entered: 3/14/2016
MOTION for Leave to Appear Pro Hac Vice by PharMerica. (Attachments: # 1 Exhibit Request for Admisison Pro Hac Vice)(Hanna, Lauren)
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Blank  Filed: 3/4/2016, Entered: 3/4/2016
PAYMENT FOR A CIVIL CASE Filing fee $ 400, receipt number 1087-2245775. (Hanna, Lauren)
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Legal Document (Payment Possibly Required) 5 Filed: 3/2/2016, Entered: 3/2/2016
DISCLOSURE STATEMENT - CORPORATE by PharMerica . (Whatley, Nathan)
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Legal Document (Payment Possibly Required) 4 Filed: 3/2/2016, Entered: 3/2/2016
ANSWER to Complaint (Notice of Removal) by PharMerica.(Whatley, Nathan)
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Legal Document (Payment Possibly Required) 3 Filed: 3/2/2016, Entered: 3/2/2016
ENTRY of Appearance by Nathan L Whatley on behalf of PharMerica (Whatley, Nathan)
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Legal Document (Payment Possibly Required) 2 Filed: 3/2/2016, Entered: 3/2/2016
ENTRY of Appearance by Lauren B Hanna on behalf of PharMerica (Hanna, Lauren)
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Legal Document (Payment Possibly Required) 1 Filed: 3/2/2016, Entered: 3/2/2016
NOTICE OF REMOVAL from District Court Canadian County, case number CJ-2016-52 filed by PharMerica. (Attachments: # 1 Exhibit 1 - Canadian County Summons as to PharMerica, # 2 Exhibit 2 - Canadian County Petition, # 3 Exhibit 3 - Canadian County Docket Sheet, # 4 Civil Cover Sheet)(ed)
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