Corcoran et al v. CVS Health Corporation

Northern District of California, cand-4:2015-cv-03504

Declaration of Grant A. Geyerman in Support of [433] MOTION in Limine filed by CVS Pharmacy, Inc.

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1 Enu Mainigi (Pro Hac Vice) Grant A. Geyerman (Pro Hac Vice) 2 WILLIAMS & CONNOLLY LLP 725 Twelfth Street, NW 3 Washington, DC 20005 Telephone: (202) 434-5000 4 Facsimile: (202) 434-5029 5 Edward W. Swanson (State Bar No. 159859) August Gugelmann (State Bar No. 240544) 6 SWANSON & McNAMARA LLP 300 Montgomery Street, Suite 1100 7 San Francisco, CA 94104 Telephone: (415) 477-3800 8 Facsimile: (415) 477-9010 9 Attorneys for CVS Pharmacy, Inc. 10 11 12 UNITED STATES DISTRICT COURT 13 NORTHERN DISTRICT OF CALIFORNIA 14 OAKLAND DIVISION 15 CHRISTOPHER CORCORAN, et al., No. 15-CV-03504-YGR 16 Plaintiffs, CLASS ACTION 17 v. DECLARATION OF GRANT A. 18 GEYERMAN RE: CVS'S EXHIBITS TO CVS PHARMACY, INC. MOTION IN LIMINE BRIEFING 19 Defendant. 20 21 22 23 24 25 26 27 28 1 I, Grant A. Geyerman, make the following Declaration based on personal knowledge of 2 the matters set forth herein. I am a partner at Williams & Connolly LLP, counsel to Defendant 3 CVS Pharmacy, Inc. ("CVS") in this matter. I submit this declaration concerning the exhibits to 4 CVS's Motions in Limine briefing. Exhibits 1–30 are cited in CVS's Motions in Limine, and 5 Exhibits 31 – 37 are cited in CVS's Omnibus Opposition to Plaintiffs' Motions in Limine. If called 6 upon, I could and would testify competently to the following: 7 1. Exhibit 1 is a true and correct copy of the Declaration of Amber D. Compton dated 8 November 21, 2016. 9 2. Exhibit 2 is a true and correct copy of the Declaration of John M. Lavin dated 10 November 18, 2016. 11 3. Exhibit 3 is a true and correct copy of the Declaration of G. William Strein dated 12 November 18, 2016. 13 4. Exhibit 4 is a true and correct copy of the Declaration of Franceen Spadaccino, RPh 14 dated November 18, 2016. 15 5. Exhibit 5 is a true and correct copy of the Declaration of Michael D. Reichardt 16 dated November 20, 2016. 17 6. Exhibit 6 is a true and correct copy of excerpts of the transcript of the Deposition 18 of William John Barre that was taken on November 17, 2016. 19 7. Exhibit 7 is a true and correct copy of excerpts of the transcript of the Deposition 20 of John M. Lavin that was taken on January 5, 2017. 21 8. Exhibit 8 is a true and correct copy of excerpts of the transcript of the Deposition 22 of Amber D. Compton that was taken on December 16, 2016. 23 9. Exhibit 9 is a true and correct copy of excerpts of the transcript of the Deposition 24 of Michael D. Reichardt that was taken on December 20, 2016. 25 10. Exhibit 10 is a true and correct copy of a document titled "Troubleshooting Set 26 Price Generic Programs," produced by non-party Caremark with Bates No. Caremark-0002102. 27 11. Exhibit 11 is a true and correct copy of the Declaration of Bretta Grinsteinner (April 28 1, 2019). DECLARATION OF GRANT A. GEYERMAN -1- 15-CV-03504-YGR 1 12. Exhibit 12 is a true and correct copy of the Declaration of Justin Kaiser dated March 2 6, 2019. 3 13. Exhibit 13 is a true and correct copy of the Declaration of Darren Gettings, R.Ph. 4 dated March 8, 2019. 5 14. Exhibit 14 is a true and correct copy of the Declaration of Joseph C. Zavalishin 6 dated February 22, 2017. 7 15. Exhibit 15 is a true and correct copy of an email from Lisa Arndt regarding "Re: $4 8 generic (and other similar) programs" dated June 28, 2012, which was produced by CVS with 9 Bates No. CVSC-0405901. 10 16. Exhibit 16 is a true and correct copy of an email from Charles Sandler regarding 11 "RE: $4 generics" dated November 30, 2009, which was produced by CVS with Bates No. CVSC- 12 0405882. 13 17. Exhibit 17 is a true and correct copy of the Pharmacy Network Agreement entered 14 into by OptumRx, Inc. and CVS Pharmacy, Inc. dated Jan. 29, 2015, produced by CVS in this 15 litigation with Bates No. CVSC-0327927. 16 18. Exhibit 18 is a true and correct copy of the Prescription Drug Services Agreement 17 entered into by CVS Pharmacy, Inc. and Pacificare Pharmacy Centers, Inc., (d/b/a Prescription 18 Solutions) dated June 1, 1999 and produced by CVS with Bates No. CVSC-0342344. 19 19. Exhibit 19 is a true and correct copy of the PCS Health Systems, Inc. Provider 20 Agreement entered into by PCS Health Systems, Inc. and CVS Pharmacy, Inc. on March 31, 1997, 21 produced by CVS with Bates No. CVSC-0356399. 22 20. Exhibit 20 is a true and correct copy of the Express Scripts, Inc. Pharmacy Provider 23 Agreement entered into by Express Scripts, Inc. and CVS Pharmacy, Inc. on January 18, 2008, 24 produced by CVS with Bates No. CVSC-0325307. 25 21. Exhibit 21 is a true and correct copy of the Retail Pharmacy Agreement entered 26 into by Medco Health Solutions, Inc. and CVS Pharmacy, Inc., dated January 1, 2005 and produced 27 by CVS with Bates No. CVSC-0355808. 28 22. Exhibit 22 is a true and correct copy of the MedCare Pharmacy Network Agreement DECLARATION OF GRANT A. GEYERMAN -2- 15-CV-03504-YGR 1 entered into by MedImpact Healthcare Systems, Inc. and CVS Pharmacy, Inc., agreed and 2 accepted on May 1, 2008, produced by CVS with Bates No. CVSC-0333819. 3 23. Exhibit 23 is a true and correct copy of the Expert Report of Edward D. McGinley, 4 RPh MBA (Dec. 9, 2016). 5 24. Exhibit 24 is a true and correct copy of the Expert Report of Professor Joel W. Hay, 6 PhD (Dec. 9, 2016). 7 25. Exhibit 25 is a true and correct copy of the Rebuttal Report of Professor Joel W. 8 Hay, PhD (Jan. 27, 2017). 9 26. Exhibit 26 is a true and correct copy of the December 9, 2016 Report of Brett E. 10 Barlag on Behalf of CVS Pharmacy, Inc. 11 27. Exhibit 28 is a true and correct copy of excerpts from the transcript of the 12 Deposition of Joel W. Hay that was taken on March 17, 2017. 13 28. Exhibit 29 is a true and correct copy of the January 27, 2017 Rebuttal Report of 14 Brett E. Barlag on Behalf of CVS Pharmacy, Inc. 15 29. Exhibit 30 is a true and correct copy of excerpts from the transcript of the 16 Deposition of Joel W. Hay that was taken on November 9, 2016. 17 30. Exhibit 31 is a true and correct copy of excerpts from the transcript of the 18 Deposition of Carl Washington that was taken on August 30, 2016. 19 31. Exhibit 32 is a true and correct copy of excerpts from the transcript of the 20 Deposition of Tyler Clark that was taken on October 26, 2016. 21 32. Exhibit 33 is a true and correct copy of excerpts from the transcript of the 22 Deposition of Darlene McAfee that was taken on September 25, 2019. 23 33. Exhibit 34 is a true and correct copy of excerpts from the transcript of the 24 Deposition of Deborah Barrett that was taken on September 16, 2016. 25 34. Exhibit 35 is a true and correct copy of excerpts from the transcript of the 26 Deposition of Robert Jenks that was taken on July 28, 2016. 27 35. Exhibit 36 is a true and correct copy of excerpts from the transcript of the 28 Deposition of Stephen Sullivan that was taken on October 14, 2019. DECLARATION OF GRANT A. GEYERMAN -3- 15-CV-03504-YGR 1 36. Exhibit 37 is a true and correct copy of excerpts from the transcript of the 2 Deposition of Robert Garber that was taken on September 21, 2016. 3 4 I declare under penalty of perjury that the foregoing is true and correct and that this 5 Declaration was executed on May 5, 2020 in Arlington, Virginia. 6 /s/ Grant A. Geyerman 7 Grant A. Geyerman 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF GRANT A. GEYERMAN -4- 15-CV-03504-YGR