LOWE v. MEDCO HEALTH SOLUTIONS, INC.

Filing 60

ORDERED that Deft's 52 Motion for Summary Judgment is DENIED with respect to Counts I and II & RESERVED as to Count III and Plaintiffs request for punitive damages, etc. Signed by Judge Renee Marie Bumb on 4/27/2012. (drw)

[Dkt. Ent. 52]
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
CAMDEN VICINAGE
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COALET LOWE,
Plaintiff,
v.
MEDCO HEALTH SOLUTIONS OF
WILLINGBORO, LLC.,
Defendant.

Civil Action No.
10-4823 (RMB/AMD)
ORDER

THIS MATTER coming before the Court upon a motion for
summary judgment by Defendant; and
THE COURT having considered the moving papers, as well as
those submitted in opposition and reply, and all accompanying
materials; and
FOR THE REASONS set forth in the Opinion issued herewith,
IT IS on this 27th day of April 2012, hereby
ORDERED that the Court denies Defendant’s motion for summary
judgment with respect to Counts I and II, and reserves on
Defendant’s motion for summary judgment as to Count III and
Plaintiff’s request for punitive damages; and it is further
ORDERED that in the event Plaintiff chooses to pursue Claim

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III, he shall file clarify the theory upon which he seeks to hold
Medco liable for retaliation on or before May 11, 2012, and in
the event Plaintiff does not file such a clarification, the Court
shall deem this claim abandoned; and it is finally
ORDERED that in the event Plaintiff pursues Claim III and
submits such clarification, the parties shall file supplemental
briefing identifying the relevant facts and the propriety of
Medco’s liability on or before June 11, 2012.

s/Renée Marie Bumb
RENÉE MARIE BUMB
UNITED STATES DISTRICT JUDGE

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