SPAY v. CVS CAREMARK CORPORATION

Filing 217

MEMORANDUM ORDER THAT DEFENDANTS MOTION FOR SUMMARY JUDGMENT (DOCKET NOS. 181 & 182 ) IS GRANTED IN ITS ENTIRETY. JUDGMENT IS ENTERED IN FAVOR OF DEFENDANTS AND AGAINST PLAINTIFF ON THE ENTIRETY OF THE COMPLAINT. PLAINTIFFS MOTION FOR PARTIAL SUM MARY JUDGMENT (DOCKET NO. 177 ) IS DENIED. PLAINTIFFS MOTION TO STRIKE DEFENDANTS EXHIBIT 126 (DOCKET NO. 197 ) IS DENIED AS MOOT. DEFENDANTS MOTION FOR ORAL ARGUMENT (DOCKET NO. 214 ) IS DENIED. THIS CASE SHALL BE MARKED CLOSED. ETC. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 9/22/15. 9/22/15 ENTERED AND COPIES MAILED AND E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA, ex rel.
ANTHONY R. SPAY,
Plaintiff,
v.

CVS CAREMARK CORPORATION;
CAREMARK Rx, LLC (f/k/a CAREMARK
Rx, Inc.); CAREMARK, LLC (f/k/a
CAREMARK, INC.); SILVERSCRIPT, LLC
(f/k/a SILVERSCRIPT INC.),
Defendants.

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CIVIL ACTION

NO. 09-4672

MEMORANDUM
AND NOW, this 22nd day of September, 2015, upon consideration of (1) the Motion for
Summary Judgment by Defendants CVS Caremark Corporation, Caremark Rx, LLC (f/k/a
Caremark Rx, Inc.); Caremark, LLC (f/k/a Caremark, Inc.), and Silverscript, LLC (f/ka
SilverScript Inc.) (collectively “Defendants”) (Docket Nos. 181, 182), the Response of Plaintiff
Anthony R. Spay (Docket No. 193), Defendants’ Reply Brief (Docket No. 201); and Plaintiff’s
Sur-reply Brief (Docket No. 207); (2) Plaintiff’s Motion for Partial Summary Judgment (Docket
No. 177); Defendants’ Response (Docket No. 191); Plaintiff’s Reply Brief (Docket No. 198); and
Defendants’ Sur-reply Brief (Docket No. 211); (3) Plaintiff’s Motion to Strike Defendants’
Exhibit 126 (Declaration of Beth Brinati) (Docket No. 197) and Defendants’ Response (Docket
No. 206); and (4) Defendants’ Motion for Oral Argument (Docket No. 214) and Plaintiff’s
Response (Docket No. 215), together with the parties’ numerous statements of facts, responses

and objections to statements of facts, declarations, and exhibits, it is hereby ORDERED as
follows:
1.

Defendants’ Motion for Summary Judgment (Docket Nos. 181 & 182) is
GRANTED in its entirety. JUDGMENT IS ENTERED in favor of Defendants
and against Plaintiff on the entirety of the Complaint.

2.

Plaintiff’s Motion for Partial Summary Judgment (Docket No. 177) is DENIED.

3.

Plaintiff’s Motion to Strike Defendants’ Exhibit 126 (Docket No. 197) is
DENIED AS MOOT.1

4.

Defendants’ Motion for Oral Argument (Docket No. 214) is DENIED.

This case shall be marked CLOSED.
It is so ORDERED.

BY THE COURT:

s/ Ronald L. Buckwalter
RONALD L. BUCKWALTER, S.J.

1

The Court did not cite to or rely on this exhibit when ruling on the summary judgment
motions. Accordingly, a ruling on the Motion to Strike is unnecessary.