United States of America et al v. CVS Caremark Corporation et al

Filing 87

ORDER OF DISMISSAL re 86 STIPULATION WITH PROPOSED ORDER re 85 Order on Stipulation to Dismiss and Order of Dismissal filed by Haroon Aziz. Signed by Judge Charles R. Breyer on 6/7/2012. (beS, COURT STAFF) (Filed on 6/8/2012)

Case3:09-cv-01372-CRB Document86 Filed06/06/12 Page1 of 3

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Michael A. Hirst, Esq. CA Bar #131034
[e-mail]
Leslie S. Guillon, Esq. CA Bar #22400
[e-mail]
HIRST LAW GROUP, P.C.
200 B Street, Suite A
Davis, CA 95616
Tel: [phone]
Fax: [phone]
Mark A. Kleiman, Esq. CA Bar #115919
[e-mail]
LAW OFFICES OF MARK ALLEN KLEIMAN
2907 Stanford Avenue
Venice, CA 90292
Tel: [phone]
Fax: [phone]
Attorneys for Qui Tam Plaintiff

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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United States ex rel. HAROON AZIZ,

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Plaintiffs,

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STIPULATION TO DISMISS ACTION;
[PROPOSED] ORDER OF DISMISSAL

v.
CVS CORP., LONGS DRUG STORES
CORP., and DOES 1– 10,

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No. C 09-1372 CRB

Defendants.
Under Fed.R.Civ.P.41(a)(1), Relator Haroon Aziz (“Aziz” or “Relator”) and named

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Defendants CVS Caremark Corporation and Longs Drug Stores Corporation (collectively

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“Defendants” or “CVS”), by and through their respective counsel, hereby STIPULATE to the

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dismissal of this declined qui tam action.

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1.

Relator dismisses this action in its entirety with prejudice as to himself.

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2.

The United States, through the attached consent provided pursuant to 31 U.S.C. §

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3730(b)(1), and the State of California, through the attached consent provided pursuant to Cal.

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Gov. Code § 12652(c)(1), have consented to the dismissal with prejudice of claims for the period

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January 1, 2000 to June 1, 2010, regarding allegations that Defendant Longs pharmacies violated

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STIPULATION TO DISMISS ACTION; [PROPOSED] ORDER OF DISMISSAL NO. 3:09-CV-01372-CRB
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the False Claims Act (FCA), 31 U.S.C. §§ 3729-3733, and California Government Code §§
12651(a)(1), (a)(2), (a)(7), and (a)(8), by overcharging the Medicaid program for individuals who
were covered by both Medicaid and a primary third-party insurance plan, and by misrepresenting
the manufacturer of certain over-the-counter drugs dispensed by Longs pharmacies to Medicaid
beneficiaries between January 1, 2000 and June 1, 2010. The dismissal of claims with prejudice
applies to all conduct of Defendant Longs pharmacies and to Defendant CVS as successor in
liability to Longs.
3.

All other claims in this action are dismissed without prejudice as to the United

States and California.
IT IS SO STIPULATED.

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Respectfully submitted,
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Dated: June 6, 2012

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/s/ Michael A. Hirst
Michael A. Hirst, Esq.
Hirst Law Group, P.C.
Attorneys for Relator Haroon Aziz

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/s/ Catherine M. O’Neil
Catherine M. O’Neil, Esq.
(Appearance Pro Hac Vice)
King & Spalding LLP
Attorneys for Defendants

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DECLARATION OF CONSENT

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Pursuant to General Order No. 45, Section X (B) regarding signatures, I attest under

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penalty of perjury that concurrence in the filing of this document has been obtained from

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Catherine M. O’Neil.
/s/ Michael A. Hirst

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-2STIPULATION TO DISMISS ACTION; [PROPOSED] ORDER OF DISMISSAL NO. 3:09-CV-01372-CRB
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Case3:09-cv-01372-CRB Document86 Filed06/06/12 Page3 of 3

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[PROPOSED] ORDER TO DISMISS DECLINED QUI TAM ACTION
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PURSUANT TO STIPULATION, IT IS HEREBY ORDERED that,

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2000 to June 1, 2010, regarding allegations that Defendant Longs pharmacies violated the False
Claims Act (FCA), 31 U.S.C. §§ 3729-3733, and California Government Code §§ 12651(a)(1),
(a)(2), (a)(7), and (a)(8), by overcharging the Medicaid program for individuals who were
covered by both Medicaid and a primary third-party insurance plan, and by misrepresenting the
manufacturer of certain over-the-counter drugs dispensed by Longs pharmacies to Medicaid
beneficiaries between January 1, 2000 and June 1, 2010, are dismissed with prejudice. The
dismissal of claims with prejudice applies to all conduct of Defendant Longs pharmacies and to
Defendant CVS as successor in liability to Longs.
3. All other claims in this action are dismissed without prejudice as to the United States
and California.
IT IS SO ORDERED,

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______________________________________
HON. CHARLES R. BREYER
United States District Judge RED
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UNIT
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June 7, 2012
Dated: _______________

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2. As to the United States and the State of California, claims for the period January 1,

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1. This action is dismissed in its entirety with prejudice as to the Relator Haroon Aziz;

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-3STIPULATION TO DISMISS ACTION; [PROPOSED] ORDER OF DISMISSAL NO. 3:09-CV-01372-CRB
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