Melbourne Municipal Firefighters' Pension Trust Fund v. Express Scripts Holding Company et al

Federal Civil Lawsuit New York Southern District Court, Case No. 1:16-cv-03338
District Judge Kimba M. Wood, presiding
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District Judge Kimba M. Wood
Last Updated June 6, 2019 at 3:43 PM EDT (5.7 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Melbourne Municipal Firefighters' Pension Trust Fund, Plaintiff

Represented by Bernstein Litowitz Berger & Grossmann, LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Gerald Harlan Silk +1 212 554 1282 +1 212 554 1444 jerry@blbglaw.com
v.
No Logo David Queller, Defendant

Represented by Bernstein Litowitz Berger & Grossmann, LLP

Name Phone Fax E-Mail
Space Christopher Chad Johnson +1 212 849 7000 +1 212 849 7100 chadjohnson@quinnemanuel.com

Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
Space Jesse Bernstein +1 212 849 7036 jessebernstein@quinnemanuel.com
Space Michael Barry Carlinsky +1 212 849 7000 +1 212 849 7100 michaelcarlinsky@quinnemanuel.com
Space Andrew Stuart Corkhill +1 212 849 7000 +1 212 849 7100 andrewcorkhill@quinnemanuel.com
Space Joshua R Rosenthal +1 212 849 7000 joshuarosenthal@quinnemanuel.com
Space Jacob J. Waldman +1 212 849 7173 jacobwaldman@quinnemanuel.com

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
Space Jay B. Kasner , +1 212 735 2628 +1 917 777 2628 jkasner@skadden.com
Space SCOTT DAVID MUSOFF +1 212 735 7852 +1 917 777 7852 scott.musoff@skadden.com
No Logo Eric Slusser, Defendant

Represented by Bernstein Litowitz Berger & Grossmann, LLP

Name Phone Fax E-Mail
Space Christopher Chad Johnson +1 212 849 7000 +1 212 849 7100 chadjohnson@quinnemanuel.com

Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
Space Jesse Bernstein +1 212 849 7036 jessebernstein@quinnemanuel.com
Space Michael Barry Carlinsky +1 212 849 7000 +1 212 849 7100 michaelcarlinsky@quinnemanuel.com
Space Andrew Stuart Corkhill +1 212 849 7000 +1 212 849 7100 andrewcorkhill@quinnemanuel.com
Space Joshua R Rosenthal +1 212 849 7000 joshuarosenthal@quinnemanuel.com
Space Jacob J. Waldman +1 212 849 7173 jacobwaldman@quinnemanuel.com

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
Space Jay B. Kasner , +1 212 735 2628 +1 917 777 2628 jkasner@skadden.com
Space SCOTT DAVID MUSOFF +1 212 735 7852 +1 917 777 7852 scott.musoff@skadden.com
No Logo Express Scripts Holding Company, Defendant

Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
Space Jesse Bernstein +1 212 849 7036 jessebernstein@quinnemanuel.com
Space Michael Barry Carlinsky +1 212 849 7000 +1 212 849 7100 michaelcarlinsky@quinnemanuel.com
Space Andrew Stuart Corkhill +1 212 849 7000 +1 212 849 7100 andrewcorkhill@quinnemanuel.com
Space Christopher Chad Johnson +1 212 849 7000 +1 212 849 7100 chadjohnson@quinnemanuel.com
Space Michael J. Lyle +1 202 538 8166 +1 202 538 8100 mikelyle@quinnemanuel.com
Space Joshua R Rosenthal +1 212 849 7000 joshuarosenthal@quinnemanuel.com
Space Jacob J. Waldman +1 212 849 7173 jacobwaldman@quinnemanuel.com

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
Space Jay B. Kasner , +1 212 735 2628 +1 917 777 2628 jkasner@skadden.com
Space SCOTT DAVID MUSOFF +1 212 735 7852 +1 917 777 7852 scott.musoff@skadden.com
No Logo George Paz, Defendant

Represented by Bernstein Litowitz Berger & Grossmann, LLP

Name Phone Fax E-Mail
Space Christopher Chad Johnson +1 212 849 7000 +1 212 849 7100 chadjohnson@quinnemanuel.com

Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
Space Jesse Bernstein +1 212 849 7036 jessebernstein@quinnemanuel.com
Space Michael Barry Carlinsky +1 212 849 7000 +1 212 849 7100 michaelcarlinsky@quinnemanuel.com
Space Andrew Stuart Corkhill +1 212 849 7000 +1 212 849 7100 andrewcorkhill@quinnemanuel.com
Space Joshua R Rosenthal +1 212 849 7000 joshuarosenthal@quinnemanuel.com
Space Jacob J. Waldman +1 212 849 7173 jacobwaldman@quinnemanuel.com

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
Space Jay B. Kasner , +1 212 735 2628 +1 917 777 2628 jkasner@skadden.com
Space SCOTT DAVID MUSOFF +1 212 735 7852 +1 917 777 7852 scott.musoff@skadden.com
No Logo James M. Havel, Defendant

Represented by Bernstein Litowitz Berger & Grossmann, LLP

Name Phone Fax E-Mail
Space Christopher Chad Johnson +1 212 849 7000 +1 212 849 7100 chadjohnson@quinnemanuel.com

Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
Space Jesse Bernstein +1 212 849 7036 jessebernstein@quinnemanuel.com
Space Michael Barry Carlinsky +1 212 849 7000 +1 212 849 7100 michaelcarlinsky@quinnemanuel.com
Space Andrew Stuart Corkhill +1 212 849 7000 +1 212 849 7100 andrewcorkhill@quinnemanuel.com
Space Joshua R Rosenthal +1 212 849 7000 joshuarosenthal@quinnemanuel.com
Space Jacob J. Waldman +1 212 849 7173 jacobwaldman@quinnemanuel.com

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
Space Jay B. Kasner , +1 212 735 2628 +1 917 777 2628 jkasner@skadden.com
Space SCOTT DAVID MUSOFF +1 212 735 7852 +1 917 777 7852 scott.musoff@skadden.com
No Logo Timothy Wentworth, Defendant

Represented by Bernstein Litowitz Berger & Grossmann, LLP

Name Phone Fax E-Mail
Space Christopher Chad Johnson +1 212 849 7000 +1 212 849 7100 chadjohnson@quinnemanuel.com

Represented by Quinn Emanuel Urquhart & Sullivan, LLP

Name Phone Fax E-Mail
Space Jesse Bernstein +1 212 849 7036 jessebernstein@quinnemanuel.com
Space Michael Barry Carlinsky +1 212 849 7000 +1 212 849 7100 michaelcarlinsky@quinnemanuel.com
Space Andrew Stuart Corkhill +1 212 849 7000 +1 212 849 7100 andrewcorkhill@quinnemanuel.com
Space Joshua R Rosenthal +1 212 849 7000 joshuarosenthal@quinnemanuel.com
Space Jacob J. Waldman +1 212 849 7173 jacobwaldman@quinnemanuel.com

Represented by Skadden Arps Slate Meagher & Flom LLP

Name Phone Fax E-Mail
Space Jay B. Kasner , +1 212 735 2628 +1 917 777 2628 jkasner@skadden.com
Space SCOTT DAVID MUSOFF +1 212 735 7852 +1 917 777 7852 scott.musoff@skadden.com
Other Parties
No Logo City of Lakeland Employee Pension Plan, Movant

Represented by Robbins Geller Rudman & Dowd LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED David Avi Rosenfeld +1 631 367 7100 +1 631 367 1173 drosenfeld@rgrdlaw.com
No Logo Employees' Retirement System of the State of Hawaii, Movant

Represented by 140 Broadway

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Michael Walter Stocker +1 212 907 0882 +1 212 883 7082 mstocker@labaton.com
No Logo LGPS Investor Group, Movant

Represented by Suite 3100

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED A. Arnold Gershon +1 212 688 0782 +1 212 688 0783 agershon@barrack.com
No Logo Rhondda Cynon Taf Pension Fund, Movant

Represented by Suite 3100

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED A. Arnold Gershon +1 212 688 0782 +1 212 688 0783 agershon@barrack.com
No Logo Strathclyde Pension Fund, Movant

Represented by Suite 3100

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED A. Arnold Gershon +1 212 688 0782 +1 212 688 0783 agershon@barrack.com
No Logo Surrey Pension Fund, Movant

Represented by Suite 3100

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED A. Arnold Gershon +1 212 688 0782 +1 212 688 0783 agershon@barrack.com
No Logo TIAA, Lead Plaintiff

Represented by Bernstein Litowitz Berger & Grossmann, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Rebecca Ellen Boon +1 212 554 1594 +1 212 554 1444 rebecca.boon@blbglaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Salvatore Jo Graziano +1 212 554 1400 +1 212 554 1444 SGraziano@blbglaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Adam Hollander adam.hollander@blbglaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Blair Allen Nicholas +1 858 793 0070 +1 858 793 0323 blairn@blbglaw.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Gerald Harlan Silk +1 212 554 1282 +1 212 554 1444 jerry@blbglaw.com
Attributes
Citation Unknown
Nature of Suit 850 - Other Statutes: Securities/Commodities/Exchange
Timeline
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Legal Document (Payment Possibly Required) 118 Filed: 6/6/2019, Entered: None Costs Taxed
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Legal Document (Payment Possibly Required) 117 Filed: 5/29/2019, Entered: None USCA Mandate
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Legal Document (Payment Possibly Required) 74 Filed: 12/7/2016, Entered: None Unknown Document Type
DECLARATION of Scott D. Musoff in Support re: 72 MOTION to Dismiss The Amended Class Action Complaint.. Document filed by Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26)(Musoff, Scott) (Entered: 12/07/2016)
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Legal Document (Payment Possibly Required) 73 Filed: 12/7/2016, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 72 MOTION to Dismiss The Amended Class Action Complaint. . Document filed by Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth. (Musoff, Scott) (Entered: 12/07/2016)
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Legal Document (Payment Possibly Required) 72 Filed: 12/7/2016, Entered: None Unknown Document Type
MOTION to Dismiss The Amended Class Action Complaint. Document filed by Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth.(Musoff, Scott) (Entered: 12/07/2016)
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Legal Document (Payment Possibly Required) 71 Filed: 11/28/2016, Entered: None Unknown Document TypeCourt Filing
STIPULATION AND SCHEDULING ORDER: Lead Plaintiff TIAA ("Lead Plaintiff"), and defendants Express Scripts Holding Company, George Paz, Timothy Wentworth, Eric Slusser, David Queller, and James M. Havel (Collectively, "Defendants," and together with Lead Plaintiff, the "Parties"), by and through their undersigned counsel, subject to the Court's approval hereby stipulate and agree as follows: Motions due by 12/7/2016. Responses due by 2/7/2017. Replies due by 3/7/2017. Any memoranda of law in support of and in opposition to a motion to dismiss are limited to 40 pages, and a reply memorandum is limited to 15 pages. (Signed by Judge Edgardo Ramos on 11/28/2016) (cla) (Entered: 11/28/2016)
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Legal Document (Payment Possibly Required) 70 Filed: 11/22/2016, Entered: None Unknown Document Type
NOTICE of of Withdrawal of Counsel. Document filed by City of Lakeland Employee Pension Plan. (Rosenfeld, David) (Entered: 11/22/2016)
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Legal Document (Payment Possibly Required) 69 Filed: 11/22/2016, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION for Extension of Time to Respond to the Amended Class Action Complaint addressed to Judge Edgardo Ramos from Scott D. Musoff dated November 22, 2016. Document filed by Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth.(Musoff, Scott) (Entered: 11/22/2016)
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Legal Document (Payment Possibly Required) 68 Filed: 10/17/2016, Entered: None Unknown Document Type
NOTICE OF CHANGE OF ADDRESS by Jacob J Waldman on behalf of Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth. New Address: Quinn Emanuel Urquhart & Sullivan, LLP, 51 Madison Avenue, 22nd Floor, New York, NY, USA 10010, 212-849-7000. (Waldman, Jacob) (Entered: 10/17/2016)
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Legal Document (Payment Possibly Required) 67 Filed: 10/14/2016, Entered: None Unknown Document Type
AMENDED COMPLAINT amending 1 Complaint, against Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth with JURY DEMAND.Document filed by TIAA. Related document: 1 Complaint, filed by Melbourne Municipal Firefighters' Pension Trust Fund.(Graziano, Salvatore) (Entered: 10/14/2016)
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Legal Document (Payment Possibly Required) 66 Filed: 9/14/2016, Entered: None Unknown Document TypeCourt Filing
ORDER: The Court hereby transfers In re Express Scripts Holding Company Securities Litigation to the Honorable Edgardo Ramos, as related to cases pending before him. SO ORDERED. (Signed by Judge Kimba M. Wood on 9/14/2016) (kl) (Entered: 09/14/2016)
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Legal Document (Payment Possibly Required) 65 Filed: 9/8/2016, Entered: None Unknown Document Type
REPLY MEMORANDUM OF LAW in Support re: 60 MOTION to Transfer Case to the Eastern District of Missouri Pursuant to 28 U.S.C.§ 1404. . Document filed by Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth. (Musoff, Scott) (Entered: 09/08/2016)
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Legal Document (Payment Possibly Required) 64 Filed: 9/1/2016, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Opposition re: 60 MOTION to Transfer Case to the Eastern District of Missouri Pursuant to 28 U.S.C.§ 1404. . Document filed by TIAA. (Graziano, Salvatore) (Entered: 09/01/2016)
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Legal Document (Payment Possibly Required) 63 Filed: 8/17/2016, Entered: None Unknown Document TypeCourt Filing
STIPULATION AND SCHEDULING ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, and respectfully requested, by and among the undersigned counsel for the respective Parties, subject to approval of the Court, as follows: 1. Lead Plaintiff shall serve and file an amended or consolidated class action complaint (the "Operative Complaint) on or before October 14, 2016. 2. Defendants shall move to dismiss, answer or otherwise respond to the Operative Complaint on or before November 30, 2016. 3. Lead Plaintiff shall file any opposition to any motion to dismiss on or before January 16, 2017. 4. Defendants shall file their reply in support of any motion to dismiss on or before February 15, 2017. SO ORDERED. (Amended Pleadings due by 10/14/2016., Motions due by 11/30/2016., Responses due by 1/16/2017, Replies due by 2/15/2017.) (Signed by Judge Kimba M. Wood on 8/17/2016) (kl) (Entered: 08/17/2016)
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Legal Document (Payment Possibly Required) 62 Filed: 8/15/2016, Entered: None Unknown Document Type
DECLARATION of Julia G. Brncic in Support re: 60 MOTION to Transfer Case to the Eastern District of Missouri Pursuant to 28 U.S.C.§ 1404.. Document filed by Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth. (Musoff, Scott) (Entered: 08/15/2016)
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Legal Document (Payment Possibly Required) 61 Filed: 8/15/2016, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 60 MOTION to Transfer Case to the Eastern District of Missouri Pursuant to 28 U.S.C.§ 1404. . Document filed by Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth. (Musoff, Scott) (Entered: 08/15/2016)
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Legal Document (Payment Possibly Required) 60 Filed: 8/15/2016, Entered: None Unknown Document Type
MOTION to Transfer Case to the Eastern District of Missouri Pursuant to 28 U.S.C.§ 1404. Document filed by Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth.(Musoff, Scott) (Entered: 08/15/2016)
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Legal Document (Payment Possibly Required) 59 Filed: 8/3/2016, Entered: None Unknown Document TypeCourt Filing
ORDER FOR ADMISSION PRO HAC VICE FOR BLAIR A. NICHOLAS granting 48 Motion for Blair A. Nicholas to Appear Pro Hac Vice. (As further set forth in this Order) (Signed by Judge Kimba M. Wood on 8/3/2016) (kl) (Entered: 08/03/2016)
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Legal Document (Payment Possibly Required) 58 Filed: 8/2/2016, Entered: None Unknown Document TypeCourt Filing
ORDER terminating 56 Letter Motion for Conference. No pre-motion conference is necessary. Defendants shall file their motion by August 15, 2016. SO ORDERED. (Signed by Judge Kimba M. Wood on 8/2/2016) (kl) (Entered: 08/02/2016)
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Legal Document (Payment Possibly Required) 57 Filed: 8/1/2016, Entered: None Unknown Document TypeCourt Filing
LETTER RESPONSE to Motion addressed to Judge Kimba M. Wood from Salvatore J. Graziano dated 08/01/2016 re: 56 LETTER MOTION for Conference addressed to Judge Kimba M. Wood from Scott D. Musoff dated 07/29/2016. . Document filed by TIAA. (Graziano, Salvatore) (Entered: 08/01/2016)
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Legal Document (Payment Possibly Required) 56 Filed: 7/29/2016, Entered: None Unknown Document TypeCourt Filing
LETTER MOTION for Conference addressed to Judge Kimba M. Wood from Scott D. Musoff dated 07/29/2016. Document filed by Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth.(Musoff, Scott) (Entered: 07/29/2016)
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Legal Document (Payment Possibly Required) 55 Filed: 7/29/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Scott D. Musoff on behalf of Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth. (Musoff, Scott) (Entered: 07/29/2016)
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Legal Document (Payment Possibly Required) 54 Filed: 7/29/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Jay B. Kasner on behalf of Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth. (Kasner, Jay) (Entered: 07/29/2016)
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Legal Document (Payment Possibly Required) 53 Filed: 7/28/2016, Entered: None Unknown Document Type
NOTICE OF CHANGE OF ADDRESS by Rebecca Ellen Boon on behalf of TIAA. New Address: Bernstein Litowitz Berger & Grossmann LLP, 1251 Avenue of the Americas, 44th floor, New York, New York, 10020, 212-554-1400. (Boon, Rebecca) (Entered: 07/28/2016)
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Legal Document (Payment Possibly Required) 52 Filed: 7/28/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Rebecca Ellen Boon on behalf of TIAA. (Boon, Rebecca) (Entered: 07/28/2016)
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Legal Document (Payment Possibly Required) 51 Filed: 7/28/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Adam David Hollander on behalf of TIAA. (Hollander, Adam) (Entered: 07/28/2016)
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Legal Document (Payment Possibly Required) 50 Filed: 7/28/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Salvatore Jo Graziano on behalf of TIAA. (Graziano, Salvatore) (Entered: 07/28/2016)
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Legal Document (Payment Possibly Required) 49 Filed: 7/27/2016, Entered: None Unknown Document TypeCourt Filing
ORDER APPOINTING TIAA AS LEAD PLAINTIFF AND APPROVING ITS SELECTION OF LEAD COUNSEL granting 35 Motion to Appoint. IT IS HEREBY ORDERED THAT: 1. TIAA's Motion is GRANTED. 2. TIAA is APPOINTED to serve as Lead Plaintiff pursuant to Section 21D(a)(3)(B) of the Securities Exchange Act of 1934, 15 U.S.C. § 78u-4(a) (3)(B), as amended by the Private Securities Litigation Reform Act of 1995, in the above-captioned action and all related actions consolidated pursuant to paragraph 4 of this Order. 3. TIAA's selection of Lead Counsel is APPROVED, and Bernstein Litowitz Berger & Grossmann LLP is APPOINTED as Lead Counsel for the Class. 4. Pursuant to Rule 42(a) of the Federal Rules of Civil Procedure, any subsequently filed, removed, or transferred actions that are related to the claims asserted in the above-captioned action are CONSOLIDATED for all purposes. 5. This action shall be captioned "In re Express Scripts Holdings Company Securities Litigation" and the file shall be maintained under Master File No. 1:16-cv-03338-KMW. IT IS SO ORDERED. (Signed by Judge Kimba M. Wood on 7/27/2016) (kl) (Entered: 07/27/2016)
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Legal Document (Payment Possibly Required) 48 Filed: 7/22/2016, Entered: None Unknown Document Type
MOTION for Blair A. Nicholas to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12569981. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TIAA. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Nicholas, Blair) (Entered: 07/22/2016)
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Legal Document (Payment Possibly Required) 47 Filed: 7/22/2016, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 35 MOTION to Appoint TIAA to serve as lead plaintiff(s) . . Document filed by TIAA. (Silk, Gerald) (Entered: 07/22/2016)
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Legal Document (Payment Possibly Required) 46 Filed: 7/22/2016, Entered: None Unknown Document Type
NOTICE of Non-Opposition of the Employees' Retirement System of the State of Hawaii to Competing Motions for Appointment as Lead Plaintiff and Approval of Lead Counsel. Document filed by Employees' Retirement System of the State of Hawaii. (Stocker, Michael) (Entered: 07/22/2016)
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Legal Document (Payment Possibly Required) 45 Filed: 7/15/2016, Entered: None Unknown Document Type
CERTIFICATE OF SERVICE of Notice of Withdrawal of LGPS Investor Groups Motion for Appointment as Lead Plaintiff and Approval of Its Selection of Lead Counsel served on All Counsel of Record on July 15, 2016. Document filed by LGPS Investor Group. (Gershon, A.) (Entered: 07/15/2016)
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Legal Document (Payment Possibly Required) 44 Filed: 7/15/2016, Entered: None Unknown Document Type
NOTICE of Withdrawal of LGPS Investor Groups Motion for Appointment as Lead Plaintiff and Approval of Its Selection of Lead Counsel re: 34 MOTION to Appoint Strathclyde Pension Fund, Rhondda Cynon Taf Pension Fund and Surrey Pension Fund (collectively "LGPS Investor Group") to serve as lead plaintiff(s) and Approving its Selection of Lead Counsel.. Document filed by LGPS Investor Group. (Gershon, A.) (Entered: 07/15/2016)
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Legal Document (Payment Possibly Required) 43 Filed: 7/14/2016, Entered: None Unknown Document Type
NOTICE of Withdrawal of Lead Plaintiff Motion, Dkt. #38 re: 38 MOTION to Appoint City of Lakeland Employees Pension Plan to serve as lead plaintiff(s) and for Approval of Robbins Geller Rudman & Dowd LLP as Lead Counsel.. Document filed by City of Lakeland Employee Pension Plan. (Rosenfeld, David) (Entered: 07/14/2016)
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Legal Document (Payment Possibly Required) 42 Filed: 7/5/2016, Entered: None Unknown Document Type
DECLARATION of David A. Rosenfeld in Support re: 38 MOTION to Appoint City of Lakeland Employees Pension Plan to serve as lead plaintiff(s) and for Approval of Robbins Geller Rudman & Dowd LLP as Lead Counsel.. Document filed by City of Lakeland Employee Pension Plan. (Attachments: # 1 Exhibit 1 - Certification, # 2 Exhibit 2 - Loss Chart, # 3 Exhibit 3 - first notice, # 4 Exhibit 4 - RGRD firm resume)(Rosenfeld, David) (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 41 Filed: 7/5/2016, Entered: None Unknown Document Type
DECLARATION of Blair A. Nicholas in Support re: 35 MOTION to Appoint TIAA to serve as lead plaintiff(s) .. Document filed by TIAA. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Silk, Gerald) (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 40 Filed: 7/5/2016, Entered: None Unknown Document Type
DECLARATION of A. Arnold Gershon in Support re: 34 MOTION to Appoint Strathclyde Pension Fund, Rhondda Cynon Taf Pension Fund and Surrey Pension Fund (collectively "LGPS Investor Group") to serve as lead plaintiff(s) and Approving its Selection of Lead Counsel.. Document filed by LGPS Investor Group, Rhondda Cynon Taf Pension Fund, Strathclyde Pension Fund, Surrey Pension Fund. (Attachments: # 1 Exhibit Certification of Strathclyde Pension Fund, # 2 Exhibit Certification of Rhondda Cynon Taf Pension Fund, # 3 Exhibit Certification of Surrey Pension Fund, # 4 Exhibit Joint Declaration of LGPS Investor Group, # 5 Exhibit Transactions and Loss Charts of LGPS Investor Group, # 6 Exhibit Notice of Pendency, # 7 Exhibit BR&B Biography)(Gershon, A.) (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 39 Filed: 7/5/2016, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 38 MOTION to Appoint City of Lakeland Employees Pension Plan to serve as lead plaintiff(s) and for Approval of Robbins Geller Rudman & Dowd LLP as Lead Counsel. . Document filed by City of Lakeland Employee Pension Plan. (Rosenfeld, David) (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 38 Filed: 7/5/2016, Entered: None Unknown Document Type
MOTION to Appoint City of Lakeland Employees Pension Plan to serve as lead plaintiff(s) and for Approval of Robbins Geller Rudman & Dowd LLP as Lead Counsel. Document filed by City of Lakeland Employee Pension Plan. (Attachments: # 1 Text of Proposed Order)(Rosenfeld, David) (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 37 Filed: 7/5/2016, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 35 MOTION to Appoint TIAA to serve as lead plaintiff(s) . . Document filed by TIAA. (Silk, Gerald) (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 36 Filed: 7/5/2016, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 34 MOTION to Appoint Strathclyde Pension Fund, Rhondda Cynon Taf Pension Fund and Surrey Pension Fund (collectively "LGPS Investor Group") to serve as lead plaintiff(s) and Approving its Selection of Lead Counsel. . Document filed by LGPS Investor Group, Rhondda Cynon Taf Pension Fund, Strathclyde Pension Fund, Surrey Pension Fund. (Gershon, A.) (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 35 Filed: 7/5/2016, Entered: None Unknown Document Type
MOTION to Appoint TIAA to serve as lead plaintiff(s) . Document filed by TIAA.(Silk, Gerald) (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 34 Filed: 7/5/2016, Entered: None Unknown Document Type
MOTION to Appoint Strathclyde Pension Fund, Rhondda Cynon Taf Pension Fund and Surrey Pension Fund (collectively "LGPS Investor Group") to serve as lead plaintiff(s) and Approving its Selection of Lead Counsel. Document filed by Surrey Pension Fund, Strathclyde Pension Fund, Rhondda Cynon Taf Pension Fund, LGPS Investor Group. (Attachments: # 1 Text of Proposed Order Proposed Order to Appoint LGPS Investor Group as Lead Plaintiff)(Gershon, A.) (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 33 Filed: 7/5/2016, Entered: None Unknown Document Type
DECLARATION of Michael W. Stocker in Support re: 31 MOTION to Appoint Employees' Retirement System of the State of Hawaii to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel.. Document filed by Employees' Retirement System of the State of Hawaii. (Attachments: # 1 Exhibit A - Certification, # 2 Exhibit B - Loss Analysis, # 3 Exhibit C - Notice, # 4 Exhibit D - Labaton Sucharow Firm Resume)(Stocker, Michael) (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 32 Filed: 7/5/2016, Entered: None Unknown Document Type
MEMORANDUM OF LAW in Support re: 31 MOTION to Appoint Employees' Retirement System of the State of Hawaii to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel. . Document filed by Employees' Retirement System of the State of Hawaii. (Stocker, Michael) (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 31 Filed: 7/5/2016, Entered: None Unknown Document Type
MOTION to Appoint Employees' Retirement System of the State of Hawaii to serve as lead plaintiff(s) and for Approval of Selection of Lead Counsel. Document filed by Employees' Retirement System of the State of Hawaii. (Attachments: # 1 Text of Proposed Order)(Stocker, Michael) (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 30 Filed: 7/5/2016, Entered: None Unknown Document TypeCourt Filing
ENDORSED LETTER addressed to Judge Kimba M. Wood from David A. Rosenfeld dated 7/1/2016 re: Because of the strict deadline imposed by the PSLRA, we respectfully request leave from complying with this practice so that we may file our motion on July 5, 2016. ENDORSEMENT: Granted. No pre-motion conference is necessary. SO ORDERED. (Motions due by 7/5/2016.) (Signed by Judge Kimba M. Wood on 7/5/2016) (kl) (Entered: 07/05/2016)
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Legal Document (Payment Possibly Required) 29 Filed: 6/17/2016, Entered: None Unknown Document TypeCourt Filing
ORDER granting 28 Letter Motion to Adjourn Conference. The Rule 16 conference is hereby adjourned sine die. Once the lead plaintiff has been appointed, parties shall submit a proposed date for a Rule 16 conference along with their proposed schedule. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/16/2016) (kl) (Entered: 06/17/2016)
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Legal Document (Payment Possibly Required) 28 Filed: 6/16/2016, Entered: None Unknown Document TypeCourt Filing
JOINT LETTER MOTION to Adjourn Conference Currently Scheduled for July 12, 2016 addressed to Judge Kimba M. Wood from Chad Johnson dated June 16, 2016. Document filed by Express Scripts Holding Company.(Johnson, Christopher) (Entered: 06/16/2016)
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Legal Document (Payment Possibly Required) 27 Filed: 6/2/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Jesse Bernstein on behalf of Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth. (Bernstein, Jesse) (Entered: 06/02/2016)
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Legal Document (Payment Possibly Required) 26 Filed: 6/1/2016, Entered: None Unknown Document TypeCourt Filing
SCHEDULING ORDER FOR INITIAL CONFERENCE: This action is scheduled for a conference in accordance with Fed. R. Civ. P. Rule 16 on July 12, 2016, at 2:30 p.m., in Courtroom 18B, United States Courthouse, 500 Pearl Street, New York, New York. (As further set forth in this Order) Initial Conference set for 7/12/2016 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Kimba M. Wood. (Signed by Judge Kimba M. Wood on 5/31/2016) (kl) (Entered: 06/01/2016)
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Legal Document (Payment Possibly Required) 25 Filed: 5/31/2016, Entered: None Unknown Document TypeCourt Filing
STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by the parties hereto, through their undersigned counsel, as follows: 1. The undersigned counsel for Defendants hereby accept service of the summons and complaints in the Action on behalf of the Defendants; provided, however, that the acceptance of service and entry into this Stipulation shall not waive, and Defendants expressly preserve, all rights, claims and defenses, including, but not limited to, all defenses relating to jurisdiction, other than a defense as to the sufficiency of service of the summons and complaints and the form of the summons. By entering into this Stipulation, Plaintiff shall not waive, and expressly preserves all rights, claims and defenses, including, but not limited to, the right to seek to lift the PSLRA 's automatic stay of discovery. 2. The parties stipulate and agree that Defendants are under no current obligation to answer or otherwise respond to the complaint filed in the Action and that, unless otherwise ordered by the Court, Defendants may defer any answer or other response until after an order is entered regarding the Court's appointment of a Lead Plaintiff and approval of Lead Plaintiffs selection of Lead Counsel pursuant to the PSLRA, 15 U.S.C. § 78u-4(a)(3). 3. The parties stipulate and agree that no more than thirty (30) days after the Lead Plaintiff has been appointed and Lead Counsel approved by the Court in accordance with the PSLRA, counsel for Defendants and Lead Counsel shall confer and submit a proposed schedule for the filing of a consolidated or amended complaint and Defendants' response thereto. SO ORDERED. (Signed by Judge Kimba M. Wood on 5/31/2016) (kl) (Entered: 05/31/2016)
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Legal Document (Payment Possibly Required) 24 Filed: 5/12/2016, Entered: None Unknown Document TypeCourt Filing
ORDER FOR ADMISSION PRO HAC VICE granting 23 Motion for Michael J. Lyle to Appear Pro Hac Vice. (As further set forth in this Order) (Signed by Judge Kimba M. Wood on 5/12/2016) (kl) (Entered: 05/12/2016)
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Legal Document (Payment Possibly Required) 23 Filed: 5/10/2016, Entered: None Unknown Document Type
MOTION for Michael J. Lyle to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-12285616. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Express Scripts Holding Company. (Attachments: # 1 Order Of Pro Hac Vice, # 2 Certificate of admission Illinois, # 3 DC Certificate Of Good Standing)(Lyle, Michael) (Entered: 05/10/2016)
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Legal Document (Payment Possibly Required) 22 Filed: 5/9/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Joshua R Rosenthal on behalf of Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth. (Rosenthal, Joshua) (Entered: 05/09/2016)
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Legal Document (Payment Possibly Required) 21 Filed: 5/9/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Jacob J Waldman on behalf of Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth. (Waldman, Jacob) (Entered: 05/09/2016)
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Legal Document (Payment Possibly Required) 20 Filed: 5/9/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Andrew Stuart Corkhill on behalf of Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth. (Corkhill, Andrew) (Entered: 05/09/2016)
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Legal Document (Payment Possibly Required) 19 Filed: 5/9/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Christopher Chad Johnson on behalf of Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth. (Johnson, Christopher) (Entered: 05/09/2016)
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Legal Document (Payment Possibly Required) 18 Filed: 5/9/2016, Entered: None Unknown Document Type
NOTICE OF APPEARANCE by Michael Barry Carlinsky on behalf of Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth. (Carlinsky, Michael) (Entered: 05/09/2016)
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Legal Document (Payment Possibly Required) 17 Filed: 5/9/2016, Entered: None Unknown Document Type
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Express Scripts Holding Company.(Carlinsky, Michael) (Entered: 05/09/2016)
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Legal Document (Payment Possibly Required) 16 Filed: 5/6/2016, Entered: None Court Filing
LETTER addressed to Judge Edgardo Ramos from Michael B. Carlinsky dated May 6, 2016 re: to Contest the Statement of Relatedness. Document filed by Express Scripts Holding Company. (Attachments: # 1 Exhibit A)(Carlinsky, Michael) (Entered: 05/06/2016)
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Legal Document (Payment Possibly Required) 15 Filed: 5/5/2016, Entered: None
ELECTRONIC SUMMONS ISSUED as to James M. Havel. (dgo) (Entered: 05/05/2016)
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Legal Document (Payment Possibly Required) 14 Filed: 5/5/2016, Entered: None
ELECTRONIC SUMMONS ISSUED as to David Queller. (dgo) (Entered: 05/05/2016)
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Legal Document (Payment Possibly Required) 13 Filed: 5/5/2016, Entered: None
ELECTRONIC SUMMONS ISSUED as to Eric Slusser. (dgo) (Entered: 05/05/2016)
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Legal Document (Payment Possibly Required) 12 Filed: 5/5/2016, Entered: None
ELECTRONIC SUMMONS ISSUED as to Timothy Wentworth. (dgo) (Entered: 05/05/2016)
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Legal Document (Payment Possibly Required) 11 Filed: 5/5/2016, Entered: None
ELECTRONIC SUMMONS ISSUED as to George Paz. (dgo) (Entered: 05/05/2016)
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Legal Document (Payment Possibly Required) 10 Filed: 5/5/2016, Entered: None
ELECTRONIC SUMMONS ISSUED as to Express Scripts Holding Company. (dgo) (Entered: 05/05/2016)
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Legal Document (Payment Possibly Required) 9 Filed: 5/4/2016, Entered: None
REQUEST FOR ISSUANCE OF SUMMONS as to James M. Havel, re: 1 Complaint,. Document filed by Melbourne Municipal Firefighters' Pension Trust Fund. (Silk, Gerald) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 8 Filed: 5/4/2016, Entered: None
REQUEST FOR ISSUANCE OF SUMMONS as to David Queller, re: 1 Complaint,. Document filed by Melbourne Municipal Firefighters' Pension Trust Fund. (Silk, Gerald) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 7 Filed: 5/4/2016, Entered: None
REQUEST FOR ISSUANCE OF SUMMONS as to Eric Slusser, re: 1 Complaint,. Document filed by Melbourne Municipal Firefighters' Pension Trust Fund. (Silk, Gerald) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 6 Filed: 5/4/2016, Entered: None
REQUEST FOR ISSUANCE OF SUMMONS as to Timothy Wentworth, re: 1 Complaint,. Document filed by Melbourne Municipal Firefighters' Pension Trust Fund. (Silk, Gerald) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 5 Filed: 5/4/2016, Entered: None
REQUEST FOR ISSUANCE OF SUMMONS as to George Paz, re: 1 Complaint,. Document filed by Melbourne Municipal Firefighters' Pension Trust Fund. (Silk, Gerald) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 4 Filed: 5/4/2016, Entered: None
REQUEST FOR ISSUANCE OF SUMMONS as to Express Scripts Holding Company, re: 1 Complaint,. Document filed by Melbourne Municipal Firefighters' Pension Trust Fund. (Silk, Gerald) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 3 Filed: 5/4/2016, Entered: None
STATEMENT OF RELATEDNESS re: that this action be filed as related to 16-cv-2048-ER. Document filed by Melbourne Municipal Firefighters' Pension Trust Fund.(Silk, Gerald) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 2 Filed: 5/4/2016, Entered: None
CIVIL COVER SHEET filed. (Silk, Gerald) (Entered: 05/04/2016)
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Legal Document (Payment Possibly Required) 1 Filed: 5/4/2016, Entered: None
COMPLAINT against Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth. (Filing Fee $ 400.00, Receipt Number 0208-12264350)Document filed by Melbourne Municipal Firefighters' Pension Trust Fund.(Silk, Gerald) (Entered: 05/04/2016)
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