Silva v. Lynch et al

Filing 5

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 ORDER ED 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. (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
NATHAN SILVA, derivatively on behalf CVS
HEALTH CORPORATION,

9/25/2024

Plaintiff,
-against24-CV-06892 (MMG)

KAREN S. LYNCH, et al.,

ORDER

Defendants,
and
CVS HEALTH CORPORATION
Nominal Defendant.

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-cv-06595; 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 abovecaptioned 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
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

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

2