Missouri Eastern District Court
Judge:Henry Edward Autrey
Case #: 4:21-cv-00737
Nature of Suit870 Federal Tax Suits - Taxes (U.S. Plaintiff or Defendant)
Cause26:7422 IRS: Refund Taxes
Case Filed:Jun 22, 2021
Terminated:Mar 18, 2025
Last checked: Sunday Dec 19, 2021 2:35 AM CST
Defendant
United States of America
Represented By
William Chang
Us Department Of Justice - Tax Office
contact info
Samuel Peter Robins
Us Department Of Justice - Dc
contact info
Brij Patnaik
Department Of Justice - Tax Division
contact info
Plaintiff
Express Scripts, Inc. and Subsidiaries
One Express Way
St. Louis, MO 63121
Represented By
Sarah Starling Marshall
Crowell And Moring Llp - New York
contact info
David Blair
Crowell And Moring Llp - Dc
contact info
Carina Federico
Crowell And Moring Llp - Dc
contact info
Eleanor Moran McWaters
Crowell And Moring Llp - Dc
contact info
David J. Fischer
Crowell And Moring Llp - Dc
contact info
Jonathan B. Potts
Bryan Cave Llp - St Louis
contact info
Dwight Mersereau
Crowell And Moring Llp - Dc
contact info

GPO Mar 15 2023
MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that a copy of this Memorandum and Order shall be docketed in Case Number 4:21-CV-737-HEA. IT IS FURTHER ORDERED that the Clerk of Court shall administratively close Case Number 4:21CV740 and all future filings shall be filed Case Number 4:21CV737. Signed by District Judge Henry Edward Autrey on 3/15/2023. (HMA)
GPO Feb 24 2025
OPINION, MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion to Partially Dismiss Express Scripts Claims for Lack of Jurisdiction is GRANTED. Signed by District Judge Henry Edward Autrey on 2/24/2025. (CLH)
GPO Mar 18 2025
OPINION, MEMORANDUM AND ORDER (See Full Order). IT IS HEREBY ORDERED that the United States' Motion for Summary Judgment, [Doc. No. 91], is GRANTED.Conclusion: Plaintiffs' claims for the rebates and the manually entered mail order pharmacy claims are barred by the substantial variance doctrine. They rely on facts not presented to the IRS in its claims for refund. As such, they are excluded from any calculation of Plaintiffs' claims for the years 2010, 2011, and 2012.Accordingly, IT IS HEREBY ORDERED that Defendant's Motion to Partially Dismiss Express Scripts Claims for Lack of Jurisdiction is GRANTED. A separate judgment is entered this same date. Signed by District Judge Henry Edward Autrey on 3/18/2025. (HMA)

Docket last updated: 05/16/2025 11:59 PM CDT
Friday, May 16, 2025
171 171 appeal Notification of Designated Clerk's Record Fri 05/16 10:52 AM
NOTIFICATION OF DESIGNATED CLERK'S RECORD regarding 164 Exhibits,104 Exhibits,107 Notice of Filing Exhibit. USCA Appellate Docket Number: 25-1946 (JWD)
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Tuesday, May 13, 2025
170 170 appeal Briefing Schedule from USCA Tue 05/13 11:13 AM
Briefing Schedule from USCA for167 Notice of Appeal filed by Express Scripts, Inc. and Subsidiaries. USCA Appeal Number: 25-1946 (See attached document for all other deadlines.)(HMA)
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169 169 appeal Initial Notification from USCA Tue 05/13 11:11 AM
Initial Notification from USCA for167 Notice of Appeal filed by Express Scripts, Inc. and Subsidiaries. USCA Appeal Number: 25-1946 (HMA)
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Friday, May 09, 2025
168 168 appeal Notification of Appeal and NOA Supplement Fri 05/09 2:25 PM
NOTIFICATION OF APPEAL AND NOA SUPPLEMENT by clerk to USCA regarding139 Opinion, Memorandum & Order,162 Memorandum & Order,,163 Judgment - (Case),,. Notice of Appeal filed on 5/9/25 by Plaintiff Express Scripts, Inc. and Subsidiaries. NOTIFICATION TO COUNSEL AND PRO SE PARTY: FILE REQUEST FOR TRANSCRIPT WITH DISTRICT COURT CLERKS OFFICE.(JWD)
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167 167 appeal Notice of Appeal Fri 05/09 1:57 PM
NOTICE OF APPEAL as to139 Opinion, Memorandum & Order,162 Memorandum & Order,,163 Judgment - (Case)
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