BEHNKE v. CVS CARMARK CORPORATION et al

Filing 338

ORDER THAT CAREMARKS MOTION FOR SUMMARY JUDGMENT (ECF NO. 269) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. THE MOTION IS GRANTED AS TO CAREMARKS PAYMENTS TO CVS PHARMACY IN 2011 AND 2012. B. THE MOTION IS DENIED IN ALL OTHER RESPECTS. RELATO RS MOTION FOR PARTIAL SUMMARY JUDGMENT (ECF NO. 265) IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. THE MOTION IS GRANTED AS TO FALSITY WITH RESPECT TO PAYMENTS TO WALGREENS AND RITE AID, AND AS TO WHETHER CAREMARK CAUSED SILVERSCRIPT TO SUBMIT FALSE CLAIMS. B. THE MOTION IS DENIED IN ALL OTHER RESPECTS. SIGNED BY CHIEF JUDGE MITCHELL S. GOLDBERG ON 3/25/24. 3/25/24 ENTERED AND COPIES E-MAILED.(amas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

UNITED STATES OF AMERICA ex rel.
SARAH BEHNKE,
Civil Action
Plaintiff,
No. 14-cv-824
v.
CVS CAREMARK CORPORATION et al.,
Defendants.
ORDER
AND NOW, this 25th day of March, 2024, upon consideration of Caremark’s motion for
summary judgment, Relator’s motion for partial summary judgment, and the responses and replies
thereto, and following oral argument on February 6, 2024, and for the reasons set out in the
accompanying memorandum opinion, it is hereby ORDERED that:
1.

Caremark’s motion for summary judgment (ECF No. 269) is GRANTED in part

and DENIED in part as follows:
a. The motion is GRANTED as to Caremark’s payments to CVS Pharmacy in
2011 and 2012.
b. The motion is DENIED in all other respects.
2.

Relator’s motion for partial summary judgment (ECF No. 265) is GRANTED in

part and DENIED in part as follows:
a. The motion is GRANTED as to falsity with respect to payments to Walgreens
and Rite Aid, and as to whether Caremark caused SilverScript to submit false
claims.

1

b. The motion is DENIED in all other respects.

BY THE COURT:

/s/ Mitchell S. Goldberg
MITCHELL S. GOLDBERG, J.

2