Robert D. Mabe, Inc., et al. v. OPTUMRX

Filing 202

ORDER (memorandum filed previously as separate docket entry),The non-arbitrable plaintiffs motion to compel discovery (Doc. 97) is DENIED. (2) The court rules on the defendants discovery dispute request (Doc. 186) as follows: (See order for details). 97 .Signed by Honorable Malachy E Mannion on 7/28/20. (bs)

Case 3:17-cv-01102-MEM Document 202 Filed 07/28/20 Page 1 of 2

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
ROBERT D. MABE, INC., d/b/a :
Ashville Apothecary and
Circleville Apothecary, et al.,
:
Plaintiffs

: CIVIL ACTION NO. 3:17-1102

v.

:

OPTUM RX, Successor by
Merger to Catamaran Corp.,

(JUDGE MANNION)

:
:

Defendant
:
ORDER
In accordance with the memorandum issued this same day, IT
IS HEREBY ORDERED THAT:
(1)

The non-arbitrable plaintiffs’ motion to compel

discovery (Doc. 97) is DENIED.
(2) The court rules on the defendant’s discovery dispute
request (Doc. 186) as follows:
(a) Plaintiffs are to identify for defendant each of the
PBMs with which they contracted during the relevant
time, whether the contracts with the identified PBMs
contain confidentiality clauses and, if they do, whether
those contracts contain a mechanism by which to

Case 3:17-cv-01102-MEM Document 202 Filed 07/28/20 Page 2 of 2

request the PBMs’ consent to disclosure of the
information.
(b) To the extent that the contracts with other PBMs contain
confidentiality clauses and do not provide a mechanism by
which to request the PBMs’ consent to disclosure of the
information, the confidential information need not be provided
for the same reasons applicable to defendant.
(c) To the extent that the contracts do not contain
confidentiality clauses, the non-confidential information is to
be provided to defendant.
(d) To the extent that the contracts contain confidentiality
clauses, but also contain a mechanism by which plaintiffs can
request the PBMs’ consent to disclosure of the information,
plaintiffs are to seek such consent and provide defendant with
the appropriate response.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATE: July 28, 2020
17-1102-01

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