Corcoran et al v. CVS Health Corporation

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

Exhibit B

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Exhibit B 1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 ------------------------------x 4 CHRISTOPHER CORCORAN, et al.,: 5 Plaintiffs,: 6 v.: Case No. 7 CVS PHARMACY, INC.,: 3:15-cv-03504-YGR 8 Defendant.: 9 ------------------------------x 10 11 Videotaped Deposition of JOSEPH ZAVALISHIN 12 Schaumburg, Illinois 13 Friday, April 14, 2017 14 10:37 a.m. 15 16 17 18 19 20 21 22 Job No.: 140703 23 Pages: 1 - 154 24 Reported by: Melanie L. Humphrey-Sonntag, 25 CSR, RDR, CRR, FAPR Transcript of Joseph Zavalishin Conducted on April 14, 2017 2 1 Videotaped deposition of JOSEPH ZAVALISHIN, held 2 at the location of: 3 4 5 OPTUMRx 6 1600 McConnor Parkway 7 Third Floor 8 Schaumburg, Illinois 60173 9 (800) 282-3232 10 11 12 13 Pursuant to subpoena before Melanie L. Humphrey- 14 Sonntag, a Certified Shorthand Reporter, Registered 15 Diplomate Reporter, Certified Realtime Reporter, and 16 a Notary Public in and for the State of Illinois. 17 18 19 20 21 22 23 24 25 PLANET DEPOS 888.433.3767 | WWW.PLANETDEPOS.COM Transcript of Joseph Zavalishin Conducted on April 14, 2017 6 1 P R O C E E D I N G S 10:07:10 2 (PX Exhibits 780 and 781 marked for 10:06:41 3 identification and attached to the transcript.) 10:37:01 4 THE VIDEOGRAPHER: We are on the record. 10:37:01 5 The time is 10:37. 10:37:13 6 This is the beginning of Disk No. 1 in the 10:37:16 7 videotaped deposition of Joseph Zavalishin, in the 10:37:21 8 matter of Corcoran, et al., versus CVS Pharmacy, 10:37:25 9 Inc., in the United States District Court, Northern 10:37:31 10 District of California, Case No. 3:15-cv-03504-YGR. 10:37:35 11 Today's date is April 14th, 2017. The 10:37:53 12 videographer today is Stephen Goethals, representing 10:37:59 13 Planet Depos. This video deposition is taking place 10:38:00 14 at 1600 McConnor Parkway, Schaumburg, Illinois. 10:38:07 15 Would counsel please voice-identify 10:38:13 16 themselves and state whom they represent. 10:38:14 17 MR. LEWIS: Richard Lewis for the plaintiff. 10:38:17 18 MR. GEYERMAN: Grant Geyerman and Vivaan 10:38:20 19 Nehru from Williams & Connolly for the defendant. 10:38:25 20 MR. HEENAN: And Garrett Heenan appearing on 10:38:27 21 behalf of Third Party Optum RX. 10:38:30 22 THE VIDEOGRAPHER: The court reporter today 10:38:33 23 is Melanie Sonntag, Certified Realtime Reporter, 10:38:34 24 representing Planet Depos. 10:38:36 25 Would the reporter please swear in the 10:38:37 PLANET DEPOS 888.433.3767 | WWW.PLANETDEPOS.COM Transcript of Joseph Zavalishin Conducted on April 14, 2017 7 1 witness. 10:38:40 2 THE COURT REPORTER: Would you raise your 12:01:35 3 right hand, please. 12:01:35 4 (Witness sworn.) 12:01:35 5 THE COURT REPORTER: Thank you. 12:01:35 6 JOSEPH ZAVALISHIN, 12:01:35 7 having been duly sworn, testified as follows: 10:38:51 8 EXAMINATION BY COUNSEL FOR THE PLAINTIFFS 10:38:51 9 BY MR. LEWIS: 10:38:51 10 Q Good morning, Mr. Zavalishin. Am I 10:38:52 11 pronouncing that correctly? 10:38:57 12 A Zavalishin. 10:38:58 13 Q Zavalishin. Okay. 10:38:59 14 My name is Rich Lewis. I'm a lawyer for the 10:39:00 15 plaintiffs in this case, and I'm going to be taking 10:39:03 16 your deposition this morning. And other counsel may 10:39:05 17 have questions later on in the day. 10:39:07 18 Have you ever had -- have you ever given a 10:39:10 19 deposition before? 10:39:12 20 A Yes, I have. 10:39:12 21 Q About how many times? 10:39:15 22 A Two that I'm aware of. 10:39:16 23 Q All right. And was that related to your 10:39:18 24 employment? 10:39:23 25 A For my employer? It was -- yes. 10:39:24 PLANET DEPOS 888.433.3767 | WWW.PLANETDEPOS.COM Transcript of Joseph Zavalishin Conducted on April 14, 2017 95 1 that it ultimately came through in the final version 12:56:08 2 of the agreement that I -- I parsed through. 12:56:11 3 Q This -- this e-mail traffic in Exhibit A, 12:56:14 4 did you ever write back to any of the persons 12:56:17 5 identified in those e-mails and say, "Yes, 12:56:22 6 I understand that CVS will not report its HSP price 12:56:25 7 as the U&C for purposes of calculating co-pays of 12:56:31 8 insureds"? 12:56:34 9 A I don't recall whether I did or not. 12:56:35 10 Q You have a footnote in paragraph 12 of your 12:56:39 11 declaration where you say the position was not 12:56:47 12 different from Optum's position, and you cite to the 12:56:50 13 declaration of Mr. Reichardt. 12:56:55 14 Do you see that? 12:56:58 15 A Yes. 12:56:58 16 Q What's the basis of your opinion for what 12:57:01 17 Optum's position was? 12:57:04 18 A Having reviewed the declaration from 12:57:05 19 Michael Reichardt. 12:57:11 20 Q Anything else? 12:57:13 21 A I think that would be predominantly it, as 12:57:14 22 well as just general working industry knowledge. 12:57:22 23 Q Did you review the Optum -- or the -- the 12:57:24 24 predecessor company to Optum, did you review their 12:57:29 25 contract, their PBM contract with CVS, for the 12:57:32 PLANET DEPOS 888.433.3767 | WWW.PLANETDEPOS.COM Transcript of Joseph Zavalishin Conducted on April 14, 2017 154 1 CERTIFICATE OF COURT REPORTER - NOTARY PUBLIC 2 3 I, Melanie L. Humphrey-Sonntag, Certified 4 Shorthand Reporter No. 084-004299, CSR, RDR, CRR, 5 CRC, FAPR, and a Notary Public in and for the County 6 of Kane, State of Illinois, the officer before whom 7 the foregoing deposition was taken, do hereby 8 certify that the foregoing transcript is a true and 9 correct record of the testimony given; that said 10 testimony was taken by me stenographically and 11 thereafter reduced to typewriting under my 12 direction; that reading and signing was not 13 requested; and that I am neither counsel for, 14 related to, nor employed by any of the parties to 15 this case and have no interest, financial or 16 otherwise, in its outcome. 17 IN WITNESS WHEREOF, I have hereunto set my 18 hand and affixed my notarial seal this 27th day of 19 April, 2017. 20 21 My commission expires: May 31, 2017 22 23 _____________________________ 24 Notary Public in and for the 25 State of Illinois PLANET DEPOS 888.433.3767 | WWW.PLANETDEPOS.COM