Alternative Medicine and Pharmacy, Inc. v. Express Scripts, Inc. et al

Filing 97

MEMORANDUM AND ORDER. Having carefully considered plaintiff's motion to compel, it must be denied in all respects as defendants' "true motive" in breaching the contract is not relevant to plaintiff's claims. Contrary to plaintiff's argument, this is not a discrimination case and pretext is not an element of plaintiff's case. Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to compel #92 is denied. IT IS FURTHER ORDERED that plaintiff's motion for leave to file under seal #95 is granted. Signed by District Judge Catherine D. Perry on 9/22/2015. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ALTERNATIVE MEDICINE AND
)
PHARMACY, INC., d/b/a OMNIPLUS )
PHARMACY,
)
)
Plaintiff,
)
)
vs.
) Case No. 4: 14 CV 1469 CDP
)
EXPRESS SCRIPTS, INC., et al.,
)
)
Defendants.
)
MEMORANDUM AND ORDER
Having carefully considered plaintiff’s motion to compel, it must be denied
in all respects as defendants’ “true motive” in breaching the contract is not relevant
to plaintiff’s claims. Contrary to plaintiff’s argument, this is not a discrimination
case and pretext is not an element of plaintiff’s case. Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion to compel [92] is
denied.
IT IS FURTHER ORDERED that plaintiff’s motion for leave to file under
seal [95] is granted.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 22nd day of September, 2015.