HM Compounding Services LLC et al v. Express Scripts, Inc.

Filing 119

MEMORANDUM AND ORDER re: #111 IT IS HEREBY ORDERED that Plaintiff HM Compounding Services, LLCs Emergency Motion for Additional Time to File Responsive Pleading #111 is GRANTED in part. HM Compounding is granted an extension of fifteen (15) days, up to and including November 25, 2014 to file its response to Express Scripts motion to dismiss. Signed by District Judge John A. Ross on 11/7/14. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

HM COMPOUNDING SERVICES, LLC,
Plaintiff,
v.
EXPRESS SCRIPTS, INC.,
Defendant.

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No. 4:14-CV-1858-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff HM Compounding Services, LLC’s
Emergency Motion for Additional Time to File Responsive Pleading (Doc. No. 111) requesting
an extension of thirty (30) days to respond to Express Scripts’ motion to dismiss filed October 1,
2014. (Doc. No. 64) The Court granted Defendant Express Scripts, Inc. until noon today, Friday,
November 7, 2014, to respond to the motion. The Court is in receipt of Express Script’s response
(Doc. No. 115) and HM Compounding’s reply thereto. (Doc. No. 116)
The Court notes that HM Compounding was previously granted a fourteen (14) day
extension following resolution of Express Scripts’ motion to transfer to respond to Express
Scripts’ motion to dismiss. The transfer order was issued on October 27, 2014, making HM
Compounding’s response due on or before November 10, 2014. Nevertheless, the Court finds it
reasonable to give HM Compounding’s new counsel Lewis Rice an opportunity to review the
case file. The Court further finds that fifteen (15) days is a reasonable amount of time to
accomplish this.
Accordingly,

IT IS HEREBY ORDERED that Plaintiff HM Compounding Services, LLC’s
Emergency Motion for Additional Time to File Responsive Pleading [111] is GRANTED in
part. HM Compounding is granted an extension of fifteen (15) days, up to and including
November 25, 2014 to file its response to Express Scripts’ motion to dismiss.

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JOHN A. ROSS
UNITED STATES DISTRICT JUDGE
Dated this 7th day of November, 2014.

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