IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
April 23, 2013
UNITED STATES OF AMERICA, EX REL. ANTHONY R. SPAY, PLAINTIFF,
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.
The opinion of the court was delivered by: Ronald L. Buckwalter, S.J.
AND NOW, this 23rd day of April, 2013, upon consideration of Plaintiff/Relator Anthony Spay's Motion to Strike Defendants' Affirmative Defenses (Docket No. 81), the Response by Defendants CVS Caremark Corporation, Caremark Rx, LLC, Caremark, LLC, and Silverscript, LLC (collectively "Defendants") Response (Docket No. 89), and Plaintiff's Reply Brief (Docket No. 91), it is hereby ORDERED that the Motion is GRANTED IN PART and DENIED IN PART as follows:
1. With Respect to the allegation of unclean hands in Defendants' Twelfth Affirmative Defense and Defendants' Twenty-Fifth Affirmative Defense, these Defenses are STRICKEN after being voluntarily withdrawn by Defendants.
2. With respect to Defendants' First, Second, Tenth, Twenty-Third, and Twenty Eighth Affirmative Defenses, Plaintiff's Motion is GRANTED;
3. With respect to Defendants' Twelfth Affirmative Defense, Plaintiff's Motion is GRANTED to the extent this Defense challenges the Amended Complaint on grounds of laches, waiver, and ratification, but DENIED to the extent it challenges the Amended Complaint on grounds of estoppel.
4. With respect to Defendants' Third Affirmative Defense, Plaintiff's Motion is DENIED, but Defendants shall only be allowed to proceed under the theory that there was a written agency response to a Freedom of Information Act request that publicly disclosed the PDE data at issue.
5. With respect to Defendants' Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, Eleventh, Fifteenth, Sixteenth, Seventeenth, and Eighteenth Affirmative Defenses, Plaintiff's Motion is DENIED.
It is so ORDERED.
BY THE COURT:
Ronald L. Buckwalter
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