Corcoran et al v. CVS Health Corporation

Filing 122

STIPULATION AND ORDER [** AS MODIFIED BY THE COURT**] re 120 Stipulation filed by Christopher Corcoran, CVS Pharmacy, Inc. Signed by Judge Yvonne Gonzalez Rogers on 6/29/16. (fs, COURT STAFF) (Filed on 6/29/2016)

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Richard Lewis (pro hac vice)
Kristen Ward Broz (pro hac vice)
HAUSFELD
1700 K St. N.W., Suite 650
Washington, D.C. 20006
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Attorneys for Plaintiffs
Enu Mainigi (Pro Hac Vice)
Grant A. Geyerman (Pro Hac Vice)
Ashley W. Hardin (Pro Hac Vice)
Colleen McNamara (Pro Hac Vice)
WILLIAMS & CONNOLLY LLP
725 Twelfth Street, NW
Washington, DC 20005
Telephone: [phone]
Facsimile: [phone]

Attorneys for CVS Pharmacy, Inc.

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Attorneys for Plaintiffs and the
Proposed Class

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Edward W. Swanson (State Bar No. 159859)
August Gugelmann (State Bar No. 240544)
SWANSON & McNAMARA LLP
300 Montgomery Street, Suite 1100
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]

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Elizabeth C. Pritzker (Cal. Bar. No.
146267)
Jonathan K. Levine (Cal. Bar. No.
220289)
Bethany L. Caracuzzo (Cal. Bar. No.
190687)
PRITZKER LEVINE LLP
180 Grand Avenue, Suite 1390
Oakland, California 94612
Tel. [phone]
Fax. [phone]
[e-mail]
[e-mail]
[e-mail]

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Pat A. Cipollone, P.C. (pro hac vice)
Rebecca R. Anzidei (pro hac vice)
Robert B. Gilmore (pro hac vice)
STEIN MITCHELL MUSE
CIPOLLONE & BEATO LLP
1100 Connecticut Ave., N.W.
Washington, D.C. 20036
Tel: [phone]
[e-mail]
[e-mail]
[e-mail]

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Michael P. Lehmann (Cal. Bar. No. 77152)
Christopher L. Lebsock (Cal. Bar No. 184546)
Bonny E. Sweeney (Cal. Bar. No. 176174)
HAUSFELD
600 Montgomery St., Suite 3200
San Francisco, California 94111
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

UNIT
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D IS T IC T O
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JOINT STIPULATION RE: PRODUCTION OF NATIONWIDE TRANSACTION DATA

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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CHRISTOPHER CORCORAN, et al.,

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No. 15-CV-03504-YGR

Plaintiffs,
STIPULATION REGARDING
DEFENDANT CVS PHARMACY, INC.’S
PRODUCTION OF NATIONWIDE
TRANSACTION DATA

v.
CVS PHARMACY, INC.,

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Defendant.

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WHEREAS, pursuant to the Case Management and Pretrial Order filed on
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December 9, 2015 [Dkt. No. 62], Plaintiffs must file their motion for class certification by
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August 2, 2016; defendant CVS Pharmacy, Inc. (“CVS”) must file its opposition by September
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20, 2016; and Plaintiffs must file their Reply by November 8, 2016;
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WHEREAS the Court’s hearing on Plaintiffs’ motion for class certification is
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currently scheduled for December 6, 2016;
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WHEREAS, on February 5, 2016, CVS produced to Plaintiffs transaction data
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reflecting purchases of drugs on CVS’s Health Savings Pass (“HSP”) program in 12 states and
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the District of Columbia, reflecting the states in which at least one named plaintiff resides or
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has filled a prescription for an HSP-eligible medication at a CVS pharmacy;
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WHEREAS, Plaintiffs will seek to certify a class on a nationwide basis in
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addition to state-specific subclasses;
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WHEREAS, on June 14, 2016, the parties filed a Discovery Dispute Letter
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Brief regarding Plaintiffs’ motion to compel CVS to produce transaction data from the
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remaining states where CVS has retail pharmacy stores (the “Nationwide Data”);
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WHEREAS, on June 22, 2016, the Court held a discovery hearing regarding
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the Nationwide Data;
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Case No.: 3:15-cv-03504

JOINT STIPULATION RE: PRODUCTION OF NATIONWIDE TRANSACTION DATA

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WHEREAS, at that hearing, the Court offered CVS the choice of deferring a

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ruling on Plaintiffs’ motion to compel until after receiving the Court’s ruling on its pending

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motion to dismiss, thereby suspending indefinitely Plaintiffs’ deadline to file their motion for

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class certification, or producing the Nationwide Data now;

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WHEREAS, on June 23, 2016, the Court instructed the parties to inform the

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Court regarding a stipulation as to their agreed-upon schedule for CVS’s production of the

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Nationwide Data and the briefing deadlines for Plaintiffs’ motion for class certification;

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WHEREAS, CVS informed Plaintiffs, on June 23, 2016, that they would need

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through the better part of August to produce the Nationwide Data, and in order to have certain

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deadlines;
NOW THEREFORE, ALL PARTIES, BY AND THROUGH THEIR
UNDERSIGNED COUNSEL hereby stipulate as follows:

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(1)

CVS will produce the Nationwide Data by August 26, 2016;

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(2)

Plaintiffs will file their motion for class certification by October 3, 2016;

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(3)

CVS will file its opposition to Plaintiffs’ motion for class certification

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by November 21, 2016;

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(4)

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certification by January 9, 2017;

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(5)

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Plaintiffs will file their reply in support of their motion for class

The parties await the Court’s instruction regarding a new hearing date

for Plaintiffs’ motion for class certification. THE HEARING ON PLAINTIFFS' MOTION FOR
CLASS CERTIFICATION IS CONTINUED TO
SO STIPULATED.
TUESDAY, JANUARY 31, 2017 ON THE
COURT'S 2:00 P.M. CALENDAR.
Date: June 23, 2016

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WILLIAMS & CONNOLLY LLP

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By:
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/s/ Grant A. Geyerman
Grant A. Geyerman

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Case No.: 3:15-cv-03504

JOINT STIPULATION RE: PRODUCTION OF NATIONWIDE TRANSACTION DATA

Attorney for Defendant CVS Pharmacy,
Inc.

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STEIN MITCHELL MUSE
CIPOLLONE & BEATO LLP

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By:

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/s/ Robert B. Gilmore
Robert B. Gilmore
Attorney for Plaintiffs

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Case No.: 3:15-cv-03504

JOINT STIPULATION RE: PRODUCTION OF NATIONWIDE TRANSACTION DATA