Albert's Pharmacy, Inc. et al v. Catamaran Corporation

Filing 42

ORDER (memorandum filed previously as separate docket entry)that Lakeview Pharmacy of Racine's 1st mot. for leave to amend the complaint is Granted in Part and Denied in Part. (See document for details.)Signed by Honorable Malachy E Mannion on 6/13/16. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
LAKEVIEW PHARMACY OF
RACINE, INC.,

:
:

Plaintiff,

CIVIL ACTION NO. 3:15-0290
:

v.
:

(JUDGE MANNION)

CATAMARAN CORPORATION,
:
Defendant
ORDER
Pursuant to the memorandum issued this same day, it is HEREBY
ORDERED:
(1)

the plaintiff Lakeview Pharmacy of Racine, Inc.’s First Motion for
Leave to Amend the Complaint, (Doc. 30), is GRANTED IN PART
and DENIED IN PART;

(2)

the plaintiff’s request to remove factual allegations relating to the
other independent pharmacies that are no longer parties to the
action is GRANTED;

(3)

the plaintiff’s request to add Count I, a UCC claim, is DENIED;

(4)

the plaintiff’s request to add Count II for breach of contract is
GRANTED insofar as it claims that the defendant’s failure to “use
‘client or plan parameters, MediSpan or other national source,
and internal processes as a reference,’ ” (Doc. 31, Ex. 1, ¶ 119),
the defendant’s decision to set reimbursement prices below
acquisition costs, and the defendant’s use of multiple MAC prices

constitute a breach of contract;
(5)

the plaintiff’s request to add a claim for breach of contract, under
Count II, for the defendant’s failure to “implement ‘[o]ther
nationally recognized reference based sources’ despite market
conditions warranting as much,” (Doc. 33, Ex. 1, ¶ 119), is
DENIED;

(6)

the plaintiff’s request to add Count IV on a theory of quantum
meruit is DENIED; and

(7)

the plaintiff shall file an amended complaint which comports with
this order and accompanying memorandum by June 27, 2016.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated: June 13, 2016
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2015 MEMORANDA\15-0290-02-ORDER.wpd

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