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Corcoran v. CVS Pharmacy, Inc.

United States District Court, N.D. California, Oakland Division

September 5, 2017

CHRISTOPHER CORCORAN, et al., Plaintiffs,
v.
CVS PHARMACY, INC., Defendant.

          [PROPOSED] ORDER GRANTING, IN PART, PLAINTIFFS' ADMINISTRATIVE MOTION TO FILE UNDER SEAL MATERIALS DESIGNATED AS CONFIDENTIAL [DKT. NO. 302] RE: DKT. NO. 302

          Hon. Yvonne Gonzalez Rogers United States District Court

         Plaintiffs filed an Administrative Motion to File Under Seal Materials Designated as Confidential (“Motion to Seal”) in the above-captioned action on June 6, 2017 pursuant to Local Rules 7-11 and 79-5. See Dkt. No. 302.

         The Court, having considered Plaintiffs' Motion to Seal, all papers and evidence submitted in support, the pertinent pleadings, and the applicable law, and finding compelling reasons and good cause therefore, hereby GRANTS IN PART the Motion to Seal. It is ORDERED that the following materials are to be filed under seal pursuant to Civil Local Rule 79-5(b) and (e):

Document or Portion of Document Sought to Be Sealed

Evidence Offered in Support of Sealing

Order

Plaintiffs' Opposition to CVS Pharmacy, Inc.'s Motion for Summary Judgment (“Opposition”) at page 4:5-28; 8:7-11; 8:15-19; 12:26-13:2; 13:9-12

Moffatt Declaration (June 22, 2017) (“Moffatt Decl.”) ¶¶ 4(a), (b)

Grant in Part, except 4:5-28, 12:26- 13:2

Plaintiffs' Responsive Statement

Moffatt Decl. ¶ 5

Grant

of Facts (“Plaintiffs' SOF”) at page 20:21-25

PX-767 (Expert Report of Professor Joel W. Hay, PhD (Dec. 9, 2016)) (“Hay Report”) at paragraphs 33-35, 39, 42, 43, 63, 64, and 67; footnote 16

Moffatt Decl. ¶ 6

Grant in

Part, except as to paragraph 43.

PX-769 (Rebuttal Report of Professor Joel W. Hay, PhD (Jan. 27, 2017)) (“Hay Rebuttal Report”) at paragraphs 40, 42-44, and footnote 24

Moffatt Decl. ¶ 7.

Grant

PX-800 (Amended and Supplemented Expert Declaration of Professor Joel W. Hay, PhD. (June 6, 2017)) (“Amended Hay Decl.”) at pages 5:11-13, and Exhibits C and D

Moffatt Decl.¶ 8

Grant

PX-803 (Amended and Supplemented Expert Declaration of Robert P. Navarro, Pharm. D. (June 6, 2017)) (“Amended Navarro Decl.”) at footnote 19 and paragraph 62; paragraphs 38, 42, and 44, and footnotes 30, 43, and 53; and footnote 72

Moffatt Decl.¶¶ 9(a), (b), (c)

Grant in

Part, except as to paragraphs 38, 42, 44, and footnotes 30, 43, 53

PX-809 (Declaration of Professor Joel W. Hay, PhD (Oct. 3, 2016)) (“Hay Decl.”) at paragraphs 32-34, 38, 42, 52, and 53

Moffatt Decl. ¶ 10

Grant in

Part, except as to paragraph 42.

PX-810 (Rebuttal Declaration of Professor Joel W. Hay, PhD (Jan. 9, 2017)) (“Hay Rebuttal Decl.”) at paragraphs 45, 46, 49, and footnote 16

Moffatt Decl. ¶ 11

Grant

PX-11 (Cash Discount RX Program, BPC Discussion)

Moffatt Decl. ¶ 12(a)

Grant

PX-28 (Retail Pricing Review Presentation)

Moffatt Decl. ¶ 12(b)

Grant

PX-42 (Email re CVS Caremark Cash Offering)

Moffatt Decl. ¶ 12(c)

Grant

PX-47 (ROPP-58 CVS/HSP Policy and Procedure)

Moffatt Decl. ¶ 12(d)

Grant

PX-83 (HSP Reconciliation Process Policy and Procedure)

Moffatt Decl. ¶ 12(e)

Grant

PX-254 (CVS Pharmacy Landscape Strategy Document)

Moffatt Decl. ¶ 12(f)

Grant

PX-335 (Third Party Contract Administration Policy and Procedure)

Moffatt Decl. ¶ 12(g)

Grant In

Part, except as to sections relating to: 1) Usual &

Customary definitions and provisions; and 2) Third-Party beneficiaries

PX-827 (Deposition of Robert Greenwood (Sept. 28, 2013))

Moffatt Decl. ¶ 12(h)

Deny

PX-20 (Meridian Rx LLC-CVS contract)

Moffatt Decl.¶ 13(a)

Grant In

Part, except as to sections relating to: 1) Usual & Customary definitions and provisions; and 2) Third-Party beneficiaries

PX-164 (Business Case from Scriptsave)

Moffatt Decl.¶ 13(b)

Grant In

Part, except as to sections relating to: 1) Usual & Customary definitions and provisions; and 2) Third-Party beneficiaries

PX-239 (Email re Medco Provider Manual)

Moffatt Decl.¶ 13(c)

Grant In

Part, except as to sections relating to: 1) Usual & Customary definitions and provisions; and 2) Third-Party beneficiaries

PX-285 (Spreadsheet of Plans)

Moffatt Decl.¶ 13(d)

Grant In

Part, except as to sections relating to: 1) Usual & Customary definitions and provisions; and 2) Third-Party

beneficiaries

PX-530 (Aetna-CVS contract)

Moffatt Decl.¶ 13(e)

Grant In

Part, except as to sections relating to: 1) Usual & Customary definitions and provisions; and 2) Third-Party beneficiaries

PX-532 (Express Scripts-CVS contract)

Moffatt Decl.¶ 13(f)

Grant In

Part, except as to sections relating to: 1) Usual & Customary definitions and provisions; and 2) Third-Party beneficiaries

PX-541 (Optum-CVS contract)

Moffatt Decl.¶ 13(g)

Grant In

Part, except as to sections relating to: 1) Usual & Customary definitions and provisions; and 2) Third-Party beneficiaries

PX-546 (Caremark-CVS contract)

Moffatt Decl.¶ 13(h)

Grant In

Part, except as to sections relating to: 1) Usual & Customary definitions and provisions; and 2) Third-Party beneficiaries

PX-676 (MedImpact-CVS contract)

Moffatt Decl.¶ 13(i)

Grant In

Part, except as to sections relating to: 1) Usual & Customary

definitions and provisions; and 2) Third-Party beneficiaries

PX-677 (Medco-CVS contract)

Moffatt Decl.¶ 13(j)

Grant In

Part, except as to sections relating to: 1) Usual & Customary definitions and provisions; and 2) Third-Party beneficiaries

PX-685 (Medco 2009/2010 Pharmacy Services Manual)

Moffatt Decl.¶ 13(k)

Grant In

Part, except as to sections relating to: 1) Usual & Customary definitions and provisions; and 2) Third-Party beneficiaries

         It is further ORDERED that the following materials are to be filed on the public docket without redaction within five business days. For these materials, the Designating Party of the allegedly confidential information therein has stated that the materials need not be redacted or filed under seal.

Document or Portion of Document

Order

Opposition at pages 5:15-18; 6:6, 10, 12, 14, 15; 7:1-2; 7:9-8:2; 8:4-7, 13-14; 12:20-22, 23-25; 15:4-5; and 15:16-16:1; and footnotes 15, 16, 22, 25, 31-33, 35-39, and 51

Grant

Plaintiffs' SOF at pages 1:7-9, 17-19; 2:15-16; 3:4-6, 9-11, 25-27; 3:28-4:1; 4:6-11, 14, 22-24; 5:2-4; 20:3-5

Grant

Plaintiffs' Opposition to CVS Pharmacy, Inc.'s Motion to Exclude the Opinion Testimony of Dr. Joel Hay (June 20, 2017) in its entirety

Grant

Hay Report at paragraphs 32, 40, 41, 44, 45-53, 62, 65, 66, 68, and 71-74; subheadings IV.A.i-iii, IV.C, IV.E, IV.F, and IV.F.i.; and footnotes 9, 11, 15, 19, and 27; and tables 1-20

Grant

Hay Rebuttal Report at paragraphs 7-11, 19-21, 23-29, 31, 36, 39, 47, and 48; and tables 1-7

Grant

Amended Hay Decl. at pages 1:7- 10; 6:13-15, 27; 7:4-6; paragraphs 10, 11, and 22; headings II.C.-II.D.; and tables 1-4

Grant

Amended Navarro Decl. at page 1 headings III.A-F; paragraphs 25, 30, 36-37, 39-41, 43, 45-48 and associated headings/subheadings, 49, 52, 53, 60, 70, 73, and 77;

Grant

footnotes 27, 45, and 75

Hay Decl. at paragraphs 31, 35, 40, 41, 43, 54, 55, 61; subheadings IV.A.ii.-iii.; footnotes 10 and 14; and tables 1-17

Grant

Hay Rebuttal Decl. at paragraphs 7- 11, 13-15, 19, 20, 21, 24-27, 30-34, 36, 38, 50, and 59; subheadings III.G.-III.H.; footnotes 2, 4, 10, and 20; and tables 1-5 and 7-22

Grant

PX-804 (Deposition of Hilary Dudley (30(b)(6) (Sept. 20, 2016))

Grant

PX-807 (Examination Under Oath of Thomas Morrison (Feb. 2, 2016))

Grant

PX-821 (Examination Under Oath of Paul Ferschke (Dec. 19, 2014))

Grant

PX-822 (Deposition of Joel W. Hay (Nov. 9, 2016))

Grant

PX-823 (Deposition of Joel W. Hay (Mar. 17, 2017))

Grant

PX-36 (Email re U&C Definitions for Beth Wingate (Feb. 12, 2009))

Grant

PX-40 (Email re Cash Card Discussion with Larry (Apr. 9, 2008))

Grant

PX-58 (Email re Update on Morning Meetings (Feb. 11, 2008))

Grant

PX-59 (Email re Slide Changes (Feb. 22, 2008))

Grant

PX-60 (Email re Cash Card (May 14, 2008))

Grant

PX-163 (Business Case from ScriptSave (Dec. 9, 2012))

Grant

PX-251 (Email re ScriptSave pitch (Jan. 25, 2013))

Grant

PX-831 (Deposition of Thomas Gibbons (Dec. 13, 2016))

Grant

PX-840 (Plaintiffs' Omnibus Supplemental Responses and Objections to CVS's First Interrogatories (Feb. 24, 2017))

Grant

         This Order terminates ...


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