Prime Aid Pharmacy Corp v. Express Scripts, Inc.

Filing 104

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiff's consent motion to consolidate the actions [Doc. # 103 ] is granted. IT IS FURTHER ORDERED that Prime Aid Pharmacy Corp. v. Express Scripts, Inc., 4:17-CV-1001 (DDN) is consolidated with Prime Aid Pharmacy Corp. v. Express Scripts, Inc., 4:16-CV-1237 (CEJ). IT IS FURTHER ORDERED that henceforth all pleadings and other documents in this matter shall be filed in Prime Aid Pharmacy Corp. v. Express Scripts, Inc., 4:16-CV-1237 (CEJ). See E.D.Mo. L.R. 4.03 ("Following consolidation, all documents shall be filed only in the lowest-numbered case.").. Signed by District Judge Carol E. Jackson on 4/4/17. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
PRIME AID PHARMACY CORP.,
Plaintiff,
vs.
EXPRESS SCRIPTS, INC.,
Defendant.
-------------------------------------------PRIME AID PHARMACY CORP.,
Plaintiff,
vs.
EXPRESS SCRIPTS, INC.,
Defendant.

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Case No. 4:16-CV-1237 (CEJ)

Case No. 4:17-CV-1001 (DDN)

MEMORANDUM AND ORDER
These related matters are before the Court on plaintiff’s consent motion to
consolidate the above-captioned actions.
Plaintiff Prime Aid Pharmacy Corp. is a pharmacy located in New Jersey that
provides retail and specialty medications. Defendant Express Scripts, Inc., is a
pharmacy benefits manager. The parties entered into a provider agreement in
2011, which defendant terminated in 2014, citing “serious violations” of the
provider

agreement.

In

2016,

plaintiff

submitted

an

application

to

rejoin

defendant’s network, which defendant denied.
On April 19, 2016, plaintiff filed suit in the United States District Court for the
District of New Jersey, alleging that defendant’s refusal to re-admit plaintiff to the
provider network violates New Jersey’s Any Willing Provider laws and constitutes

anticompetitive behavior in violation of New Jersey and federal antitrust laws. On
July 28, 2016, plaintiff filed an action in this district asserting claims arising from
defendant’s 2014 termination of the parties’ agreement. The New Jersey action was
transferred to this district on March 21, 2017. Plaintiff moves to consolidate the
actions.
Rule 42(a) provides that a court may consolidate actions involving a common
question of law or fact.

Fed.R.Civ.P. 42(a)(2).

Here, both actions involve the

interpretation of and the parties’ performance under the provider agreement.
Consolidation would conserve judicial resources and reduce the risk of inconsistent
judgments.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s consent motion to consolidate the
actions [Doc. #103] is granted.
IT IS FURTHER ORDERED that Prime Aid Pharmacy Corp. v. Express
Scripts, Inc., 4:17-CV-1001 (DDN) is consolidated with Prime Aid Pharmacy Corp.
v. Express Scripts, Inc., 4:16-CV-1237 (CEJ).
IT IS FURTHER ORDERED that henceforth all pleadings and other
documents in this matter shall be filed in Prime Aid Pharmacy Corp. v. Express
Scripts, Inc., 4:16-CV-1237 (CEJ). See E.D.Mo. L.R. 4.03 (“Following consolidation,
all documents shall be filed only in the lowest-numbered case.”).

____________________________
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 4th day of April, 2017.
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