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In re: Medco Health Solutions Inc. Pharmacy Benefit Management Litigation

Case Name: In re: Medco Health Solutions Inc. Pharmacy Benefit Management Litigation
Filing Date: 12/17/1997
Case Number: MDL No. 1508
Court: United States District Court Southern District of New York  [View Local Court Rules]
300 Quarropas Street
Room 275
White Plains, NY  10601-4150
Judge: The Honorable Charles L. Brieant
Counsel of Record
Robert F. Coleman
Kenneth P. Ross
Sean Crotty
ROBERT F. COLEMAN & ASSOCIATES
Suite 4800
Suite 4800
Chicago  IL, 60601
Main: 312-444-1000
Fax: 312-444-1028
Counsel for Objectors: Sweetheart Cup Company, Inc.; Iron Workers Tri-State Welfare Fund; and Central States Southeast and Southwest Areas Health and Welfare Fund

Eugene I. Pavalon
Martin J. Whittaker
Gary K. Laatsch
PAVALON, GIFFORD, LAATSCH & MARINO
Suite 1600
Suite 1600
Chicago  IL, 60602
Main: (312) 419-7400
Fax: (312) 419-7408
Counsel for Objectors: Iron Workers Tri-State Welfare Fund; Central States Southeast and Southwest Areas Health and Welfare Fund; and Sweetheart Cup Company

David Boies
Robert Silver
Philippe Z. Selendy
Edward Normand
BOIES, SCHILLER & FLEXNER, LLP


New York,  NY, 10022
Main: (212) 446-2300
Fax: (212) 446-2350
Counsel for Plaintiffs: Genia Gruer, et al.

Arthur N. Abbey
Karin E. Fisch
ABBEY GARDY, LLP


New York  NY, 10016
Main: (212) 889-3700
Fax: (212) 684-5191
Counsel for Plaintiffs: Genia Gruer, et al.

Kenneth M. Kramer
James P. Tallon
SHEARMAN & STERLING


New York  NY, 10022-6069
Main: (212) 848-4000
Fax: (212) 848-7179
Counsel for Defendant: Merck-Medco Managed Care, L.L.C.

Collins P. Whitfield
WHITFIELD & MCGANN
Suite 1601
Suite 1601
Chicago  IL, 60601
Main: (312) 251-9700
Fax: (312) 263-2343

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DOCUMENTS ASSOCIATED WITH THIS CASE (You must be logged in with cookies enabled to view the documents)
Tab Number Document Date Document Description
1 7/31/2003 Amended Settlement Agreement

2 7/31/2003 Preliminary Order In Connection With Settlement Agreement

3 7/31/2003 Notice of Pendency of Class Action Proposed Class Settlement and Hearing

4 11/14/2003 Motion of Iron Workers Tri-State Welfare Fund To Intervene

5 11/14/2003 Objection of Class Member, Iron Workers Tri-State Welfare Fund, to Proposed Class Action Settlement

6 11/14/2003 Motion of Sweetheart Cup Company, Inc. To Intervene

7 11/14/2003 Objection of Class Member, Sweetheart Cup Company, Inc., To Proposed Class Action Settlement

8 11/19/2003 Letter from Robert F. Coleman Re: In re MedcoHealth Solutions, Inc. Pharmacy Benefits Management Litigation, MDL No. 1508 (S.D.N.Y.)

9 12/8/2003 Central States' Motion For Leave To File Late Objection To Proposed Class Action Settlement Instanter

10 12/8/2003 Motion Of Central States Southeast And Southwest Areas Health And Welfare Fund To Intervene

11 12/8/2003 Objection Of Class Member, Central States Southeast And Southwest Areas Health And Welfare Fund, To Proposed Class Action Settlement

12 12/9/2003 Joint Declaration of Abbey Gardy, LLP and Boies, Schiller & Flexner LLP In Support Of Proposed Class Action Settlement And Petition For An Award Of Attorneys Fees And Reimbursement Of Expenses

13 12/9/2003 Declaration Of Edward Normand In Support Of Joint Petition For Attorneys' Fees And Disbursements Filed On Behalf Of Boies, Schiller & Flexner LLP

14 12/9/2003 Declaration Of Karin E. Fisch In Support Of Joint Petition For Attorney's Fees And Disbursements Filed On Behalf Of Abbey Gardy, LLP

15 12/9/2003 Memorandum In Support Of Class Plaintiffs' Application For An Award Of Attorneys' Fees And Reimbursement Of Expenses

16 12/9/2003 Memorandum In Support Of Class Plaintiffs' Motion For Final Approval Of Settlement

17 2/26/2004 Supplemental Memorandum in Support of Class Plaintiff's Motion for Final Approval of Settlement

18 3/15/2004 Response of Sweetheart Cup Company, Inc. to the Class Plaintiffs' Supplemental Memorandum in Support of Their Motion for Final Approval of Settlement

19 3/15/2004 Response of Iron Workers Tri-State Welfare Fund to the Class Plaintiffs' Supplemental Memorandum in Support of Their Motion for Final Approval of Settlement

20 3/15/2004 Response of Central States Southeast and Southwest Areas Health and Welfare Fund to the Class Plaintiffs' Supplemental Memorandum in Support of Their Motion for Final Approval of Settlement

21 5/25/2004 Memorandum and Order

22 6/23/2004 Cert of Filing/Civil Appeal Pre-Argument Statement (Form C) with copies of each order and oral opinion from which appellants seek review

23 6/23/2004 Cert. of Filing/Representation Statement

24 6/23/2004 Cert. of Filing/Appellants' Statement of Issues Pursuant to F.R.A.P. 10(b)(3)(A)

25 6/23/2004 Cert. of Filing/Transcript Information/Civil Appeal

26 1/13/2005 Brief of Plaintiffs-Appellees Genia Gruer, Walter J. Green, Estate of Mildred Bellow, Elizabeth O'Hare and Marissa Janazzo in Opposition to Appeal of Central States Southeast and Southwest Areas Health and Welfare Fund, Iron Workers Tri-State Welfare Fund, and Sweetheart Cup Company

27 1/13/2005 Brief of Plaintiffs-Appellees Genia Gruer, Walter J. Green, Estate of Midred Bellow, Elizabeth O'Hare and Marissa Janazzo in Opposition to Appeal of Group Hospitalization and Medical Services, D/B/A Carefirst Blue Cross Blue Shield

28 1/13/2005 Brief of Plaintiffs-Apellees Genia Gruer, Walter J. Green, Estate of Mildred Bellow, Elizabeth O'Hare and Marissa Janazzo in Opposition to Appeal of Linda J. Cahn, Esq.

29 2/17/2005 Order
Re: Motion to dismiss is denied; motion to strike is granted except the portion challenging the fee award

30 5/19/2005 Re: Attorney for the settling plaintiffs must file a rule 28(j) letter giving citations for the three cases that he described at oral argument as support for the proposition that plan participants and beneficiaries have Article III standing to assert ERISA claims based on financial injury to their plans by 5/24/05; Responding letters must be filed by 5/30/05

31 12/8/2005 Decision of the United States Court of Appeals for the Second Circuit

32 1/23/2006 Memorandum and Order
Re: Counsel for Marissa Janazzo shall within twenty days serve on all parties copies of documents and affidavits regarding a contractual relationship between the Janazzo Plan and Medco; within twenty days counsel for Class Action Plaintiffs may serve and file facts not presently of record; a conference of counsel with the Court will be held 2/24/06 in the United States Courthouse, White Plaines, NY in Room 218 at 1:30 p.m.; Court will issue additional Findings of Fact and Conclusions of Law to comply with the Mandate

33 1/25/2006 Notice of Deposition
Deponent: Marissa Janazzo

34 1/25/2006 Motion of Objectors Central States Southeast and Southwest Areas Health and Welfare Fund, Iron Workers Tri-State Welfare Plan and Sweetheart Cup Company to Modify Order of January 23, 2006

35 1/26/2006 Memorandum and Order

36 1/31/2006 Subpoena
(County Line Buick Nissan)

37 1/31/2006 Amended Notice of Deposition
Deponent: Marissa Janazzo

38 1/31/2006 Request for Production of Documents
(Kenneth M. Kramer, Esq. and James P. Tallon, Esq. of Shearman & Sterling)

39 2/7/2006 Notice of Records Deposition
Deponent: County Line Buick Nissan

40 2/13/2006 Memorandum of Movants-Objectors Central States Southeast and Southwest Areas Health and Welfare Fund, Ironworkers Tri-State Welfare Plan and Sweetheart Cup Company in Compliance with the January 23, 2006 Order

41 6/2/2006 Memorandum of Movants-Objectors Central States Southeast and Southwest Areas Health and Welfare Fund, Ironworkers Tri-State Welfare Plan and Sweetheart Cup Company in Compliance With the February 24, 2006 Order

42 8/10/2006 Memorandum and Order

43 12/4/2006 Appellants' Motion for Extension of Time in Which to File Letter Brief

44 1/10/2007 Appellants' Letter Brief in Opposition to Plaintiffs' Claims of Standing Central States Southeast and Southwest Areas Health and Welfare Fund v. Merck-Medco Managed Care, L.L.C.
Nos. 04-3300-cv; 04-3464-cv; 04-3545-cv; 04-3871-cv


45 1/10/2007 Supplemental Appendix of Appellants Central States Southeast and Southwest Areas Health and Welfare Fund, Iron Workers Tri-State Welfare Fund, and Sweetheart Cup Company In No. 04-3464

46 2/23/2007 Reply Letter Brief of Appellants Central States Southeast and Southwest Areas Health and Welfare Fund, Iron Workers Tri-State Welfare Fund, and Sweetheart Cup Company

47 10/4/2007 Decision

48 1/28/2008 NOM/Motion of Central States Southeast and Southwest Areas Health and Welfare Fund, Iron Workers Tri-State Welfare Fund and Sweetheart Cup Company for Certification of a Subclass of Self-Funded Plans and Appointment as Subclass Representatives

49 5/14/2008 Response of the Self-Funded Plans Subclass to Harry Blumenthal's Objection to the Second Amendment to Settlement Agreement

50 8/8/2008 Motion to Issue Notice of Application for Attorneys' Fees and Hearing to the Self-Funded Plan Subclass

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