Subscribe Now for Instant Access
View the full docket, download filings, and get automated alerts for new case activity.
Explore Plans
BDRN, LLC et al v. UnitedHealthcare of New York, Inc. et al, No. 7:15-cv-00804 (S.D.N.Y.)
Case Title: BDRN, LLC et al v. UnitedHealthcare of New York, Inc. et al
Case Type: Civil Case
Court: U.S. District Court for the Southern District of New York
Index Number(s): 7:2015cv804, 7:15-cv-00804, 7:15-cv-00804-NSR
Nature of Suit: 791 Labor: E.R.I.S.A.
Judge: Nelson Stephen Roman
Case Opened: February 3, 2015
Case Closed June 4, 2015
Docket Entries
Date Filed Dkt # Entry Text
Feb 3, 2015 Case Designated ECF. (mml)
Document
Feb 3, 2015 Magistrate Judge Judith C. McCarthy is so designated. (mml)
Document
Feb 3, 2015 1 NOTICE OF REMOVAL from Supreme Court, County of Rockland. Case Number: 51334/2015. (Filing Fee $ 350.00, Receipt Number 465401116164). Document filed by UnitedHealthcare of New York, Inc., UnitedHealthcare Insurance Company of New York, OptumRX, Inc. (mml) (Entered: 02/06/2015)
Document
Feb 3, 2015 2 CIVIL COVER SHEET filed. (mml) (Entered: 02/06/2015)
Document
Feb 9, 2015 3 NOTICE OF APPEARANCE by Joseph Anthony Murphy on behalf of BDRN Pharmacy, LLC, BDRN, LLC, John Doe. (Murphy, Joseph) (Entered: 02/09/2015)
Document
Feb 9, 2015 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by BDRN Pharmacy, LLC, BDRN, LLC.(Murphy, Joseph) (Entered: 02/09/2015)
Document
Feb 10, 2015 5 NOTICE OF APPEARANCE by John T Seybert on behalf of OptumRX, Inc., UnitedHealthcare Insurance Company of New York, UnitedHealthcare of New York, Inc.. (Seybert, John) (Entered: 02/10/2015)
Document
Feb 10, 2015 6 NOTICE OF APPEARANCE by Linda Jane Clark on behalf of BDRN Pharmacy, LLC, BDRN, LLC, John Doe. (Clark, Linda) (Entered: 02/10/2015)
Document
Feb 13, 2015 7 ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: Defendants UnitedHealthcare of New York, Inc., UnitedHealthcare Insurance Company of New York, and together with UHCNY, and OptumRx, Inc., shall show cause as to why an order should not be issued preliminarily enjoining Defendants, their agents, employees and representatives from refusing to allow Plaintiffs BDRN, LLC and BDRN Pharmacy, LLC and, together with BDRN-NJ, to participate in United's Specialty Pharmacy Network for Pharmacy Benefit during the pendency of this action. Ordered, that upon the execution of this Order to Show Cause and service upon Defendants as directed herein, and pending and until further Hearing and Order of this Court, Defendants as soon as practicable shall allow BDRN to fill Plaintiffs prescription for medical as if it is a participant in United's Specialty Pharmacy Network for Pharmacy Benefit. Service of a copy of this Order shall be made upon Michael H. Bernstein, Esq., Sedgwick, LLP, counsel for Defendants, by overnight mail and by email by 2/13/2015. Answering affidavits, if any, must be served no later than 2/20/2015, and reply affidavits, if any, must be served no later than 2/24/2015. SO ORDERED. Show Cause Hearing set for 2/27/2015 at 02:30 PM in Courtroom 218, 300 Quarropas Street, White Plains, NY 10601 before Judge Nelson Stephen Roman. (Signed by Judge Nelson Stephen Roman on 2/13/2015) (mml) (Entered: 02/13/2015)
Document
Feb 18, 2015 8 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction. Document filed by BDRN Pharmacy, LLC, BDRN, LLC, John Doe. Return Date set for 2/27/2015 at 02:30 PM.(Murphy, Joseph) Modified on 2/19/2015 (ldi). (Entered: 02/18/2015)
Document
Feb 18, 2015 9 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Order to Show Cause . Document filed by BDRN Pharmacy, LLC, BDRN, LLC, John Doe. (Attachments: # 1 Exhibit A, # 2 Exhibit B - place holder for sealed document, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Murphy, Joseph) Modified on 2/19/2015 (ldi). (Entered: 02/18/2015)
Document
Feb 18, 2015 10 SEALED DOCUMENT placed in vault.(Clark, Walter) (Entered: 02/18/2015)
Document
Feb 18, 2015 11 ENDORSED LETTER addressed to Judge Nelson Stephen Roman from Michael Bernstein dated 2/13/2015 re: Counsel requests that the Court reconsider its order and vacate the TRO. MEMORANDUM ENDORSEMENT: Based on Defendants' representations to this Court regarding the ability of Plaintiff to receive his prescription drugs in a timely manner (by Feb. 20, 2015) and at no additional cost, the Court finds that there is no irreparable harm likely to be incurred pending the hearing scheduled for February 27, 2015, on Plaintiffs' request for preliminary injunctive relief. The Court notes that Defendants have represented (via the attached letter) that Plaintiffs' medication can be delivered by courier by Bioscrip on or before February 20, 2015, or sent to one of three HTCs listed in Defendants' February 13 letter for Plaintiff Doe to pick up on or before February 20, 2015. Defendants have also represented that this will be at no additional cost to Plaintiff Doe. This Court's Order dated February 13, 2015, is thus modified to the extent that Plaintiff is now directed to seek his medication from a participating pharmacy and thus abide by the requirements set by his insurance. Defendants are no longer ordered to allow BDRN to fill Plaintiff's prescription for his medication as if it is part of Defendant United's Specialty Pharmacy Network. The rest of the Court's February 13, 2015, Order stands as ordered. Defense counsel is directed to serve a copy of this memorandum endorsement on Plaintiffs' counsel by email and fax immediately today (February 18, 2015), as well as by overnight mail. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 2/18/2015) (mml) (Entered: 02/19/2015)
Document
Feb 19, 2015 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Joseph Anthony Murphy to RE-FILE Document 8 MOTION for Order to Show Cause for Temporary Restraining Order and Preliminary Injunction. Use the event type Memorandum of Law in Support (non-motion) found under the event list Other Answers. Re-File and link to document # 7 Order to Show Cause. (ldi)
Document
Feb 19, 2015 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Joseph Anthony Murphy to RE-FILE Document 9 MOTION for Order to Show Cause . Use the event type Declaration (non-motion) found under the event list Other Answers. Re-File and link to document # 7 Order to Show Cause. (ldi)
Document
Feb 19, 2015 12 CERTIFICATE OF SERVICE of Memorandum Endorsement dated February 18, 2015 served on Joseph A. Murphy on 2/18/15. Service was made by Email, Fax and Federal Express. Document filed by OptumRX, Inc., UnitedHealthcare Insurance Company of New York, UnitedHealthcare of New York, Inc.. (Bernstein, Michael) (Entered: 02/19/2015)
Document
Feb 20, 2015 13 DECLARATION of Joseph A. Murphy re: 7 Order to Show Cause,,,,, . Document filed by BDRN Pharmacy, LLC, BDRN, LLC, John Doe. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Murphy, Joseph) (Entered: 02/20/2015)
Document
Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Feb 20, 2015 14 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Maryann Britto in Opposition re: 9 MOTION for Order to Show Cause .. Document filed by OptumRX, Inc., UnitedHealthcare Insurance Company of New York, UnitedHealthcare of New York, Inc.. (Attachments: # 1 Exhibit A-1, # 2 Exhibit A-2)(Bernstein, Michael) Modified on 2/23/2015 (db). (Entered: 02/20/2015)
Document
Exhibit A-1
Exhibit A-2
Feb 20, 2015 15 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Matthew Klein in Opposition re: 9 MOTION for Order to Show Cause .. Document filed by OptumRX, Inc., UnitedHealthcare Insurance Company of New York, UnitedHealthcare of New York, Inc.. (Attachments: # 1 Exhibit B, # 2 Exhibit C, # 3 Exhibit D, # 4 Exhibit E, # 5 Exhibit F, # 6 Exhibit G, # 7 Exhibit H, # 8 Exhibit I)(Bernstein, Michael) Modified on 2/23/2015 (db). (Entered: 02/20/2015)
Document
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Exhibit F
Exhibit G
Exhibit H
Exhibit I
Feb 20, 2015 16 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of Michael H. Bernstein in Opposition re: 9 MOTION for Order to Show Cause .. Document filed by OptumRX, Inc., UnitedHealthcare Insurance Company of New York, UnitedHealthcare of New York, Inc.. (Attachments: # 1 Exhibit J, # 2 Exhibit K)(Bernstein, Michael) Modified on 2/23/2015 (db). (Entered: 02/20/2015)
Document
Exhibit J
Exhibit K

This is a partial docket sheet. Subscribers can access the full docket and download PDF filings.

Subscribe now for instant access

PACER Links

PacerDash lets you track and monitor dockes without the complexity and cost of accessing PACER directly. If you have an existing PACER subscription you can access this docket using the U.S. Court's CM/ECF system.

Access this docket on the U.S. District Court for the Southern District of New York Case Management/Electronic Case Files (CM/ECF) system

News Links

Search for this case: BDRN, LLC et al v. UnitedHealthcare of New York, Inc. et al, No. 7:15-cv-00804 (S.D.N.Y.)

[ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]

© PacerMonkey LLC Legal