Corcoran et al v. CVS Health Corporation

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

Declaration of Jonathan K. Levine

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1 Bonny E. Sweeney (Cal. Bar. No. 176174) Robert B. Gilmore (pro hac vice) HAUSFELD Edward H. Meyers (pro hac vice) 2 600 Montgomery St., Suite 3200 STEIN MITCHELL BEATO & MISSNER LLP San Francisco, California 94111 901 15th Street, N.W. 3 Tel: 415-633-1908 Washington, D.C. 20005 4 Fax: 415-358-4980 Tel: (202) 737-7777 bsweeney@hausfeld.com rgilmore@steinmitchell.com 5 emeyers@steinmitchell.com Richard Lewis (pro hac vice) 6 Sathya S. Gosselin Elizabeth C. Pritzker (Cal. Bar No.146267) 7 HAUSFELD Jonathan K. Levine (Cal. Bar No. 220289) 1700 K St. N.W., Suite 650 Caroline Corbitt (Cal. Bar No. 305492) 8 Washington, D.C. 20006 PRITZKER LEVINE LLP Tel: 202-540-7200 1900 Powell Street, Suite 450 9 Fax: 202-540-7201 Emeryville, California 94608 10 rlewis@hausfeld.com Tel. 415-692-0772 Fax. 415-366-6110 11 ecp@pritzkerlevine.com jkl@pritzkerlevine.com 12 cc@pritzkerlevine.com 13 Class Counsel 14 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 16 OAKLAND DIVISION 17 Christopher Corcoran, et al. on behalf of Case No. 4:15-cv-03504-YGR 18 themselves and others similarly situated, CLASS ACTION 19 Plaintiffs, DECLARATION OF JONATHAN K. LEVINE 20 v. IN SUPPORT OF PLAINTIFFS' MOTIONS IN 21 LIMINE NOS. 1-10 CVS Pharmacy, Inc. 22 23 Defendant. 24 25 26 27 28 DECLARATION OF JONATHAN K. LEVINE CASE NO. 4:15-CV-03504-YGR 1 I, Jonathan K. Levine, declare as follows: 2 1. I am an attorney duly admitted to practice before this Court and a partner of Pritzker 3 Levine LLP, one of law firms representing Plaintiffs and the certified classes in this litigation. I have 4 personal knowledge of the facts stated herein and, if called upon to do so, could and would testify 5 competently thereto. I submit this declaration in support Plaintiffs' Motions in Limine Nos. 1-10. I have 6 personal knowledge of the facts stated herein and, if called upon to do so, could and would testify 7 competently thereto. 8 2. Attached as Exhibit A is a true and correct copy of excerpts from the December 20, 2016 9 deposition of Michael D. Reichardt; 10 3. Attached as Exhibit B is a true and correct copy of excerpts from the April 14, 2017 11 deposition of Joseph Zavalishin; 12 4. Attached as Exhibit C is a true and correct copy of the Declaration of Joseph Zavalishin, 13 dated February 22, 2017; 14 5. Attached as Exhibit D is a true and correct copy of excerpts from the December 13, 2016 15 deposition of Franceen Spadaccino; 16 6. Attached as Exhibit E is a true and correct copy of excerpts from the December 12, 2016 17 deposition of William Strein; 18 7. Attached as Exhibit F is a true and correct copy of excerpts from the November 2, 2016 19 deposition of Cal Corum; 20 8. Attached as Exhibit G is a true and correct copy of a fully-executed Settlement 21 Agreement between the United States and Walgreen Co., dated December 19, 2018; 22 9. Attached as Exhibit H is a true and correct copy of a Memorandum Opinion and Order 23 pertaining to Motions to Dismiss in Forth, et al. v. Walgreen Co., 17-cv-2246 (N.D. Ill.), dated March 24 9, 2018; 25 10. Attached as Exhibit I is a true and correct copy of a Corrected Third Amended Class 26 Action Complaint in Stafford v. Rite Aid Corp., 17-cv-01340 (S.D. Cal.), dated March 6, 2020; 27 11. Attached as Exhibit J is a true and correct copy of PX-0724, a Department of Health and 28 Human Services Office of Inspector General publication titled "A Comparison of Medicaid Federal DECLARATION OF JONATHAN K. LEVINE CASE NO. 4:15-CV-03504-YGR 1 1 Upper Limit Amounts to Acquisition Costs, Medicare Payment Amounts, and Retail Prices", dated 2 August 2009; 3 12. Attached as Exhibit K is a true and correct copy of a June 19, 2019 letter from the Texas 4 Attorney General's Office to Counsel in The State of Texas v. CVS Health Corporation et al., No. D-1- 5 GV-14-000388 (126th Jud. D. Ct. of Travis County, Tex.); 6 13. Attached as Exhibit L is a true and correct copy of PX-0614, a June 19, 2012 U.S. Dept. 7 of Justice letter to Christine G. Savage re CVS Usual & Customary practices; 8 14. Attached as Exhibit M is a true and correct copy of the December 9, 2016 Expert Report 9 of Pamela L. Wyett; 10 15. Attached as Exhibit N is a true and correct copy of the December 9, 2016 Expert Report 11 of John D. Jones; 12 16. Attached as Exhibit O is a true and correct copy of a December 9, 2016 Expert Report of 13 Edward G. McGinley; 14 17. Attached as Exhibit P is a true and correct copy of a January 27, 2017 Rebuttal Expert 15 Report of Pamela L. Wyett; 16 18. Attached as Exhibit Q is a true and correct copy of a January 27, 2017 Rebuttal Expert 17 Report of John D. Jones; 18 19. Attached as Exhibit R is a true and correct copy of a January 27, 2017 Rebuttal Expert 19 Report of Edward G. McGinley; 20 20. Attached as Exhibit S is a true and correct copy of excerpts from a January 9, 2013 21 Motion in Limine Conference in the In re Urethane Antitrust Litigation, No. 04-cv-1616 (D. Kan.). 22 23 I declare under penalty of perjury under the laws of the United States of America that the 24 foregoing is true and correct to the best of my knowledge and belief. 25 26 Dated: May 5, 2020 Respectfully submitted, 27 /s/ Jonathan K. Levine 28 Jonathan K. Levine DECLARATION OF JONATHAN K. LEVINE CASE NO. 4:15-CV-03504-YGR 2