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MOECKEL v. CAREMARK RX INC.

No. 3:04-0633.

385 F.Supp.2d 668 (2005)

Robert E. MOECKEL, individually and on behalf of the John Morell Employee Benefits Plan, similarly situated Plans, and other participants and beneficiaries similarly situated, Plaintiff, v. CAREMARK RX INC., and Caremark Inc., Defendants.

United States District Court, M.D. Tennessee, Nashville Division.

August 29, 2005.

Attorney(s) appearing for the Case

David A. McKay, Herman, Mathis, Casey, Kitchens & Gerel, LLP, Atlanta, GA, Stacey E. Tjon, Solberg Stewart Miller & Tjon, Fargo, ND, Mike Miller, Maury A. Herman, Stephen J. Herman, Herman, Herman, Katz & Cotlar, L.L.P., New Orleans, LA, John A. Day, Branham & Day, P.C., Brentwood, TN, for Plaintiff.

Robert H. Griffith, Frank E. Pasquesi, Ungaretti & Harris, Chicago, IL, Jennifer L. Weaver, Mark H. Wildasin, Joseph A. Woodruff, Waller Lansden Dortch & Davis, Nashville, TN, for Defendants.

MEMORANDUM

TRAUGER, District Judge.

Pending before the court is Defendants' Amended and Restated Motion to Dismiss or Transfer Plaintiff's Complaint (Docket No. 45) filed by defendants Caremark Rx Inc. and Caremark Inc., to which the plaintiff Robert E. Moeckel has responded (Docket No. 40), and defendants have replied (Docket No. 41).

Factual Background and Procedural History1

The plaintiff...

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