US District Court Civil Docket as of August 1, 2017 Retrieved from the court on August 1, 2017 U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:16-cv-03338-ER In re Express Scripts Holdings Company Securities Litigation Assigned to: Judge Edgardo Ramos Related Cases: 1:16-cv-02048-ER 1:16-cv-07500-ER Cause: 15:78j(b)ss Stockholder Suit Date Filed: 05/04/2016 Jury Demand: Plaintiff Nature of Suit: 850 Securities/Commodities Jurisdiction: Federal Question Lead Plaintiff TIAA represented by Adam David Hollander Bernstein Litowitz Berger & Grossmann LLP 1251 Avenue of the Americas New York, NY 10020 212-554-1421 Fax: 212-554-1444 Email: adam.hollander@blbglaw.com Blair Allen Nicholas Bernstein Litowitz Berger & Grossman, LLP 12481 High Bluff Drive Suite 300 San Diego, CA 92130 (858)-720-0183 Fax: (858)-793-0323 Email: blairn@blbglaw.com Gerald H. Silk Bernstein Litowitz Berger & Grossmann LLP 1251 Avenue of the Americas New York, NY 10020 212 554 1282 Fax: 212-554-1444 Email: jerry@blbglaw.com
Rebecca Ellen Boon Bernstein Litowitz Berger & Grossmann LLP 1251 Avenue of The Americas New York, NY 10019 (212)-554-1400 Fax: (212)-554-1400 Email: rebecca.boon@blbglaw.com Salvatore Jo Graziano Bernstein Litowitz Berger & Grossmann LLP 1251 Avenue of the Americas New York, NY 10020 212-554-1400 Fax: 212-554-1444 Email: SGraziano@blbglaw.com Plaintiff Melbourne Municipal Firefighters' Pension Trust Fund Individually and on behalf of all others similarly situated represented by Gerald H. Silk V. Movant Employees' Retirement System of the State of Hawaii Movant Surrey Pension Fund represented by Michael Walter Stocker Labaton & Sucharow LLP (NYC) 140 Broadway New York, NY 10005 (212) 907-0882 Fax: (212) 883-7082 Email: mstocker@labaton.com represented by A. Arnold Gershon Barrack, Rodos & Bacine(NYC) 425 Park Avenue, Suite 3100 New York, NY 10022 (212)688-0782
Fax: (212)688-0783 Email: agershon@barrack.com Movant Strathclyde Pension Fund Movant Rhondda Cynon Taf Pension Fund Movant LGPS Investor Group Movant City of Lakeland Employee Pension Plan represented by A. Arnold Gershon represented by A. Arnold Gershon represented by A. Arnold Gershon represented by David Avi Rosenfeld Robbins Geller Rudman & Dowd LLP(LI) 58 South Service Road Suite 200 Melville, NY 11747 631-367-7100 Fax: 631-367-1173 Email: drosenfeld@rgrdlaw.com V. Defendant Express Scripts Holding Company represented by Jay B. Kasner Skadden, Arps, Slate, Meagher & Flom LLP (NYC) Four Times Square New York, NY 10036 212 735 3000 Fax: 212 735 2000 Email: jkasner@skadden.com Andrew Stuart Corkhill Quinn Emanuel 51 Madison Avenue, 22nd Floor New York, NY 10010
212-849-7000 Fax: 212-849-7100 Email: andrewcorkhill@quinnemanuel.com Christopher Chad Johnson Bernstein Litowitz Berger & Grossmann LLP 1251 Avenue of the Americas New York, NY 10020 212-554-1396 Fax: 212-554-1444 Email: chadjohnson@quinnemanuel.com Jacob J Waldman Quinn Emanuel Urquhart & Sullivan (NYC) 51 Madison Avenue New York, NY 10010 (212)-849-7000 Fax: (212)-849-7100 Email: jacobwaldman@quinnemanuel.com Jesse Bernstein Quinn Emanuel Urquhart & Sullivan (NYC) 51 Madison Avenue 22nd Floor New York, NY 10010 (212)-849-7036 Email: jessebernstein@quinnemanuel.com Joshua R Rosenthal Quinn Emanuel Urquhart & Sullivan LLP 51 Madison Avenue 22nd Floor New York, NY 10010 212 849-7000 Email: joshuarosenthal@quinnemanuel.com Michael Barry Carlinsky Quinn Emanuel
51 Madison Avenue, 22nd Floor New York, NY 10010 (212) 849-7000 Fax: (212) 849-7100 Email: michaelcarlinsky@quinnemanuel.com Michael John Lyle Quinn Emmanuel Urquhart & Sullivan, LLP 777 6th Street NW, 11th floor Washington, DC 20001 (202) 538-8000 Email: mikelyle@quinnemanuel.com Scott D. Musoff Skadden, Arps, Slate, Meagher & Flom LLP (NYC) Four Times Square New York, NY 10036 212-735-3000 Fax: 212-735-2000 Email: smusoff@skadden.com Defendant George Paz represented by Jay B. Kasner Andrew Stuart Corkhill Christopher Chad Johnson Jacob J Waldman Jesse Bernstein Joshua R Rosenthal
Michael Barry Carlinsky Scott D. Musoff Defendant Timothy Wentworth represented by Jay B. Kasner Andrew Stuart Corkhill Christopher Chad Johnson Jacob J Waldman Jesse Bernstein Joshua R Rosenthal Michael Barry Carlinsky Scott D. Musoff Defendant Eric Slusser represented by Jay B. Kasner
Andrew Stuart Corkhill Christopher Chad Johnson Jacob J Waldman Jesse Bernstein Joshua R Rosenthal Michael Barry Carlinsky Scott D. Musoff Defendant David Queller represented by Jay B. Kasner Andrew Stuart Corkhill Christopher Chad Johnson Jacob J Waldman Jesse Bernstein
Joshua R Rosenthal Michael Barry Carlinsky Scott D. Musoff Defendant James M. Havel represented by Jay B. Kasner Andrew Stuart Corkhill Christopher Chad Johnson Jacob J Waldman Jesse Bernstein Joshua R Rosenthal Michael Barry Carlinsky Scott D. Musoff Date Filed # Docket Text
05/04/2016 1 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) 05/04/2016 2 CIVIL COVER SHEET filed. (Silk, Gerald) (Entered: 05/04/2016) 05/04/2016 3 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) 05/04/2016 4 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) 05/04/2016 5 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) 05/04/2016 6 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) 05/04/2016 7 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) 05/04/2016 8 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) 05/04/2016 9 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) 05/05/2016 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dgo) (Entered: 05/05/2016) 05/05/2016 Case Designated ECF. (dgo) (Entered: 05/05/2016) 05/05/2016 CASE REFERRED TO Judge Edgardo Ramos as possibly related to 16-cv-2048-ER. (dgo) (Entered: 05/05/2016) 05/05/2016 10 ELECTRONIC SUMMONS ISSUED as to Express Scripts Holding Company. (dgo) (Entered: 05/05/2016) 05/05/2016 11 ELECTRONIC SUMMONS ISSUED as to George Paz. (dgo) (Entered: 05/05/2016) 05/05/2016 12 ELECTRONIC SUMMONS ISSUED as to Timothy Wentworth. (dgo) (Entered: 05/05/2016) 05/05/2016 13 ELECTRONIC SUMMONS ISSUED as to Eric Slusser. (dgo) (Entered: 05/05/2016) 05/05/2016 14 ELECTRONIC SUMMONS ISSUED as to David Queller. (dgo) (Entered: 05/05/2016)
05/05/2016 15 ELECTRONIC SUMMONS ISSUED as to James M. Havel. (dgo) (Entered: 05/05/2016) 05/06/2016 CASE DECLINED AS NOT RELATED. Case referred as related to 16cv2048 and declined by Judge Edgardo Ramos and returned to wheel for assignment. (wb) (Entered: 05/06/2016) 05/06/2016 NOTICE OF CASE REASSIGNMENT to Judge Kimba M. Wood. Judge Unassigned is no longer assigned to the case. (wb) (Entered: 05/06/2016) 05/06/2016 Magistrate Judge Gabriel W. Gorenstein is so designated. (wb) (Entered: 05/06/2016) 05/06/2016 16 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) 05/09/2016 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Express Scripts Holding Company.(Carlinsky, Michael) (Entered: 05/09/2016) 05/09/2016 18 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) 05/09/2016 19 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) 05/09/2016 20 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) 05/09/2016 21 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) 05/09/2016 22 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) 05/10/2016 23 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) 05/11/2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 23 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.. The document has been reviewed and there are no deficiencies. (sdi) (Entered: 05/11/2016)
05/12/2016 24 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) 05/31/2016 25 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) 06/01/2016 26 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) 06/02/2016 27 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) 06/16/2016 28 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) 06/17/2016 29 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) 07/05/2016 30 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) 07/05/2016 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 Text of Proposed Order)(Stocker, Michael) (Entered: 07/05/2016) 07/05/2016 32 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) 07/05/2016 33 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) 07/05/2016 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 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) 07/05/2016 35 MOTION to Appoint TIAA to serve as lead plaintiff(s). Document filed by TIAA.(Silk, Gerald) (Entered: 07/05/2016) 07/05/2016 36 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) 07/05/2016 37 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) 07/05/2016 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 Text of Proposed Order)(Rosenfeld, David) (Entered: 07/05/2016) 07/05/2016 39 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)
07/05/2016 40 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) 07/05/2016 41 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) 07/05/2016 42 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) 07/14/2016 43 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) 07/15/2016 44 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) 07/15/2016 45 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) 07/22/2016 46 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) 07/22/2016 47 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) 07/22/2016 48 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)
07/25/2016 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 48 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.. The document has been reviewed and there are no deficiencies. (wb) (Entered: 07/25/2016) 07/27/2016 49 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) 07/28/2016 50 NOTICE OF APPEARANCE by Salvatore Jo Graziano on behalf of TIAA. (Graziano, Salvatore) (Entered: 07/28/2016) 07/28/2016 51 NOTICE OF APPEARANCE by Adam David Hollander on behalf of TIAA. (Hollander, Adam) (Entered: 07/28/2016) 07/28/2016 52 NOTICE OF APPEARANCE by Rebecca Ellen Boon on behalf of TIAA. (Boon, Rebecca) (Entered: 07/28/2016) 07/28/2016 53 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) 07/29/2016 54 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) 07/29/2016 55 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) 07/29/2016 56 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) 08/01/2016 57 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)
08/02/2016 58 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) 08/02/2016 Set/Reset Deadlines: Motions due by 8/15/2016. (kl) (Entered: 08/02/2016) 08/03/2016 59 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) 08/15/2016 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) 08/15/2016 61 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) 08/15/2016 62 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) 08/17/2016 63 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) 09/01/2016 64 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) 09/08/2016 65 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) 09/14/2016 CASE ACCEPTED AS RELATED. Create association to 1:16-cv-02048-ER. Notice of Assignment to follow. (wb) (Entered: 09/14/2016) 09/14/2016 NOTICE OF CASE REASSIGNMENT to Judge Edgardo Ramos. Judge Kimba M. Wood is no longer assigned to the case. (wb) (Entered: 09/14/2016) 09/14/2016 Magistrate Judge Debra C. Freeman is so redesignated. (wb) (Entered: 09/14/2016)
09/14/2016 66 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) 10/14/2016 67 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) 10/17/2016 68 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) 11/22/2016 69 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) 11/22/2016 70 NOTICE of of Withdrawal of Counsel. Document filed by City of Lakeland Employee Pension Plan. (Rosenfeld, David) (Entered: 11/22/2016) 11/28/2016 71 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) 11/28/2016 Set/Reset Deadlines: Express Scripts Holding Company answer due 12/7/2016; James M. Havel answer due 12/7/2016; George Paz answer due 12/7/2016; David Queller answer due 12/7/2016; Eric Slusser answer due 12/7/2016; Timothy Wentworth answer due 12/7/2016. (cla) (Entered: 12/22/2016) 12/07/2016 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) 12/07/2016 73 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) 12/07/2016 74 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) 01/27/2017 75 LETTER MOTION for Conference (Pre-Motion) addressed to Judge Edgardo Ramos from Scott D. Musoff dated January 27, 2017. Document filed by Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth.(Musoff, Scott) (Entered: 01/27/2017) 01/30/2017 76 LETTER RESPONSE to Motion addressed to Judge Edgardo Ramos from Salvatore J. Graziano dated 01/30/2017 re: 75 LETTER MOTION for Conference (Pre-Motion) addressed to Judge Edgardo Ramos from Scott D. Musoff dated January 27, 2017.. Document filed by TIAA. (Graziano, Salvatore) (Entered: 01/30/2017) 02/06/2017 77 ORDER granting 75 Letter Motion for Conference. Defendants' request for a premotion conference, Doc. 75, is GRANTED. The parties are directed to appear for a pre-motion conference on February 22, 2017, at 11:00 am. The Clerk of the Court is respectfully requested to terminate the letter motion, Doc. 75. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (Ramos, Edgardo) (Entered: 02/06/2017) 02/07/2017 78 MEMORANDUM OF LAW in Opposition re: 72 MOTION to Dismiss The Amended Class Action Complaint.. Document filed by TIAA. (Graziano, Salvatore) (Entered: 02/07/2017) 02/10/2017 79 LETTER MOTION to Adjourn Conference addressed to Judge Edgardo Ramos from Scott D. Musoff dated February 10, 2017. Document filed by Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth.(Musoff, Scott) (Entered: 02/10/2017) 02/10/2017 80 ORDER granting 79 Letter Motion to Adjourn Conference. The pre-motion conference scheduled for February 22, 2017 shall be adjourned until March 9, 2017 at 11:30 am. The Clerk of the Court is respectfully directed to terminate the motion, Doc. 79. The application is granted. Pre-Motion Conference set for 3/9/2017 at 11:30 AM before Judge Edgardo Ramos. (Signed by Judge Edgardo Ramos on 2/10/2017) (mro) (Entered: 02/13/2017) 02/14/2017 81 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 82 Letter) - LETTER addressed to Judge Edgardo Ramos from Salvatore J. Graziano dated 02/14/2017 re: The Pre-Motion Conference Scheduled for March 9, 2017. Document filed by TIAA.(Graziano, Salvatore) Modified on 2/15/2017 (db). (Entered: 02/14/2017) 02/14/2017 82 LETTER addressed to Judge Edgardo Ramos from Salvatore J. Graziano dated 02/14/2017 re: The Pre-Motion Conference Scheduled for March 9, 2017. Document filed by TIAA. (Attachments: # 1 Exhibit)(Graziano, Salvatore) (Entered: 02/14/2017) 03/07/2017 83 REPLY 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: 03/07/2017) 03/07/2017 84 LETTER MOTION for Oral Argument on Defendants' Motion to Dismiss the Amended Class Action Complaint addressed to Judge Edgardo Ramos from Scott D. Musoff dated March 7, 2017. Document filed by Express Scripts Holding Company, James M. Havel, George Paz, David Queller, Eric Slusser, Timothy Wentworth.(Musoff, Scott) (Entered: 03/07/2017) 03/09/2017 85 ORDER: For the reasons stated on the record, a stay is GRANTED. The parties are directed to file a status report with the court withing forty eight (48) hours of receiving a decision from the MDL Panel. (Signed by Judge Edgardo Ramos on 3/9/2017) (jwh) (Entered: 03/09/2017) 03/20/2017 86 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/9/2017 before Judge Edgardo Ramos. Court Reporter/Transcriber: Steven Greenblum, (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 4/10/2017. Redacted Transcript Deadline set for 4/20/2017. Release of Transcript Restriction set for 6/19/2017.(McGuirk, Kelly) (Entered: 03/20/2017) 03/20/2017 87 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/9/17 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) (Entered: 03/20/2017) 03/27/2017 88 TRANSCRIPT of Proceedings re: CORRECTED CONFERENCE held on 3/9/2017 before Judge Edgardo Ramos. Court Reporter/Transcriber: Steven Greenblum, (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 4/17/2017. Redacted Transcript Deadline set for 4/27/2017. Release of Transcript Restriction set for 6/26/2017.(McGuirk, Kelly) (Entered: 03/27/2017) 03/27/2017 89 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CORRECTED CONFERENCE proceeding held on 3/9/17 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) (Entered: 03/27/2017) 04/05/2017 90 LETTER addressed to Judge Edgardo Ramos from Salvatore J. Graziano dated 04/05/2017 re: Panel's Order Denying Defendants' Motion to Transfer. Document filed by TIAA. (Attachments: # 1 Exhibit JPML Order)(Graziano, Salvatore) (Entered: 04/05/2017) 04/10/2017 91 ORDER: On March 9, 2017, the Court granted a stay of this action and directed the parties to file a status report with the Court within forty eight hours of receiving a
decision from the Judicial Panel on Multidistrict Litigation ("the Panel"). Doc. 85. On April 5, 2017, Lead Plaintiff TIAA advised the Court that the Panel denied Defendants' motion for transfer to the Eastern District of Missouri. The Clerk of the Court is respectfully directed to terminate the stay in this action. (Signed by Judge Edgardo Ramos on 4/10/2017) (mro) (Entered: 04/11/2017) 04/18/2017 92 CERTIFIED TRUE COPY OF MDL ORDER FROM THE MDL PANEL DENYING TRANSFER...that the motion, pursuant to 28 U.S.C. 1407(c), for transfer of the action to the United States District Court - Eastern District of Missouri, be, and the same hereby is denied. (Signed by MDL Panel on 4/5/2017) (sjo) (Entered: 04/18/2017) 08/01/2017 93 OPINION AND ORDER re: 72 MOTION to Dismiss The Amended Class Action Complaint: This consolidated putative class action arises out of the breakdown of the business relationship between Express Scripts Holding Company ("Express Scripts"), a provider of pharmacy benefit services, and Anthem, Inc. ("Anthem"), its largest customer. Lead Plaintiff, Teachers Insurance and Annuity Association of America ("TIAA"), an Express Scripts shareholder, asserts causes of action individually and on behalf of others similarly situated for violations of Section 10(b) of the Exchange Act (and Rule 10b5 promulgated thereunder) and violations of Section 20(a) of the Exchange Act. Plaintiff generally alleges that Express Scripts made false and misleading statements in its public filings and comments regarding the state of its relationship with Anthem. Defendants Express Scripts, George Paz, Timothy Wentworth, Eric Slusser, David Queller, and James M. Havel (the "Individual Defendants," and with Express Scripts, "Defendants") bring this motion to dismiss the Amended Class Action Complaint (the "CAC") for failure to state a claim. For the reasons set forth above, Defendants' motion to dismiss is GRANTED. Plaintiff is granted leave to amend the pleading by August 30, 2017. The Clerk of Court is respectfully directed to terminate the Motion, Doc. 72, and Defendants' request for oral argument, Doc. 84. (Amended Pleadings due by 8/30/2017.) (Signed by Judge Edgardo Ramos on 7/31/2017) (jwh) Modified on 8/2/2017 (jwh). (Entered: 08/01/2017) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER, you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the United States, the judicial governing body of the U.S. Federal Courts, authority to impose user fees for electronic access to case information. For more information visit the PACER site at http://pacer.psc.uscourts.gov/pacerdesc.html