Tatone v. CVS Health Corporation et al

Filing 6

ORDER Before the Court resolves the above motions that have been filed in the Nixon and Silva actions concerning consolidation and in light of the related nature of the four aforementioned cases pending before the undersigned, it is hereby ORDERED that the parties in the above-captioned case shall each submit a letter, not to exceed 3 pages, that addresses the parties views on whether all four cases, or some combination thereof, should be consolidated, no later than October 4, 2024. The de fendants, if they choose, may submit a single letter regarding consolidation, that should be filed on the electronic docket in each of the four cases. (And as further set forth herein.) SO ORDERED. (Signed by Judge Margaret M. Garnett on 9/25/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
9/25/2024

ORLANDO TATONE, Individually and on Behalf of
All Others Similarly Situated,
Plaintiff,

24-CV-06771 (MMG)

-against-

ORDER

CVS HEALTH CORPORATION, et al.,
Defendants.
MARGARET M. GARNETT, United States District Judge:
The undersigned currently presides over four cases that have been deemed related because they
all concern statements made by CVS Health Corporation in SEC filings, marketing materials, and other
public documents about the profitability of its Health Care Benefits Segment. The four cases are as
follows: Nixon v. CVS Health Corporation, et al., 24-cv-05303; Kaufmann v. Lynch, et al., 24-cv06595; Tatone v. CVS Health Corporation, et al., 24-cv-06771; and Silva v. Lynch, et al., 24-cv-06892.
On September 10, 2024, two prospective lead plaintiffs in Nixon v. CVS Health Corporation, et
al. separately filed motions to consolidate the Nixon and Tatone actions. 1 See Nixon v. CVS Health
Corporation, et al., 24-cv-05303, Dkt. Nos. 15, 17. Those motions remain pending. On September 23,
2024, the parties in Kaufmann v. Lynch et al., together with the parties in Silva v. Lynch, et al., filed a
motion to consolidate the Silva and Kaufmann actions. 2 See Kaufmann v. Lynch, et al., 24-cv-06595,
at Dkt. No. 9; Silva v. Lynch, et al., 24-cv-06892 at Dkt. No. 4. This motion remains pending.
Before the Court resolves the above motions that have been filed in the Nixon and Silva actions
concerning consolidation and in light of the related nature of the four aforementioned cases pending
before the undersigned, it is hereby ORDERED that the parties in the above-captioned case shall each
submit a letter, not to exceed 3 pages, that addresses the parties’ views on whether all four cases, or
some combination thereof, should be consolidated, no later than October 4, 2024. The defendants, if
they choose, may submit a single letter regarding consolidation, that should be filed on the electronic
docket in each of the four cases.
Dated: September 25, 2024
New York, New York

SO ORDERED.
MARGARET M. GARNETT
United States District Judge

The motions filed by two prospective lead plaintiffs in Nixon request additional relief beyond the
consolidation of the Nixon and Tatone actions that is not relevant to the instant Order.
2
The motion filed by the parties in Silva requests additional relief beyond the consolidation of the
Kaufmann and Lynch actions that is not relevant to the instant Order.
1

1