Docket Number: 1567
PENNSYLVANIA PHARMACEUTICAL ASSOCIATION, TIOGA DRUG COMPANY, VILLAGE PHARMACY, INC. d/b/a WYMAN PHARMACY, CHANE’S DRUG STORE, OST-REISS ENTERPRISES, INC. d/b/a PHILDELPHIA PHARMACY, 450 PHARMACY INC., LEHIGH APOTHECARY, INC., FORLENZA PHARMACY, FINO’S PHARMACY, AND LECH’S PHARMACY, individually and on behalf of all others similarly situated
Christine S. Dutton, Esquire Victor P. Stabile, Esquire,
VS.
CLOSED
COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC WELFARE
John A. Kane, Chief Counsel
Docket No. 1567
September 6, 1991
Complaint and filing fee filed by attorney for Plaintiff. Amount of Complaint: $1,000,000.00 September 13, 1991
Copy of Complaint forwarded to attorney for Defendant and Chief Deputy Attorney General. September 30, 1991
Acceptance of Service of Complaint received from Chief Deputy Attorney General. Receipt of same acknowledged by Chief Deputy Attorney General September 16, 1991. October 9, 1991
Joint Motion to Stay All Proceedings Pending Resolution of Related Federal Action filed by attorney for Defendant. Copy forwarded to attorney for Plaintiff (Victor P. Stabile, Esquire) by attorney for Defendant.
CLOSEDOctober 17, 1991
The Board made the following Order: “AND NOW, this 17th day of October, 1991, upon consideration of the Joint Motion to Stay All Proceedings Pending Resolution of Related Federal Action, said Motion is hereby GRANTED. The above-captioned matter is hereby STAYED until there is final disposition or settlement in the case of Pennsylvania Pharmaceutical Association, et al. v. Robert P. Casey, et al., No. 1: VB-91-0378 in the United States District Court for the Middle District of Pennsylvania. Such stay shall be lifted by the Board of Claims at any time at the request of any party if such party decides, in its sole discretion, that a stay is no longer acceptable or advisable. The Defendant shall not have any obligation to respond to the Complaint until (30) days after receiving written notice form the Plaintiff’s that a response is required. The parties do not waive any rights, defenses, or objections by requesting this stay. Once the stay is lifted, this matter will proceed without prejudice to any Party.” Copies forwarded to attorneys for Plaintiff and attorney for Defendant. October 21, 1991
Acceptance of Service of Opinion and Order dated October 17, 1991 received from attorney for Plaintiff (Christine S. Dutton, Esquire). Receipt of same acknowledged by attorney for Plaintiff (Christine S. Dutton, Esquire) October 18, 1991.
2 Docket No. 1567
October 21, 1991
Acceptance of Service of Opinion and Order dated October 17, 1991 received from attorney for Plaintiff (Victor P. Stabile, Esquire). Receipt of same acknowledged by attorney for Plaintiff ( Victor P. Stabile, Esquire) October 18, 1991. October 23, 1991
Acceptance of Service of Opinion and Order dated October 17, 1991 received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant October 18, 1991. April 30, 1993
Proposed Order and Motion to be separately represented by Counsel and to Enter Appearance of Counsel on behalf of Brooks Drugs, Inc.; CVS Pharmacy/Peoples Drug; Drug Emporium; Fay’s Drug Stores; Kopp. Drug; Retired Persons Services; Revco; Rite Aid; Supermarkets General; Thrift Drug; Wal-Mart; Walgreen Company; and White Shield, Inc. filed by attorney for Additional Plaintiffs (Robert Hoffman, Esquire).CLOSED Copy forwarded to attorney for Plaintiff (Victor P. Stabile, Esquire) and attorney for Defendant (Thomas B. York, Chief of Litigation). April 30, 1993
Brief in Support of Motion to be separately represented by Counsel and to Enter Appearance of Counsel on behalf of Brooks Drugs, Inc.; CVS Pharmacy/Peoples Drug; Drug Emporium; Fay’s Drug Stores; Kopp. Drug; Retired Persons Services; Revco; Rite Aid; Supermarkets General; Thrift Drug; Wal-Mart; Walgreen Company; and White Shield, Inc. filed by attorney for Additional Plaintiffs (Robert Hoffman, Esquire). Copy forwarded to attorney for Plaintiff (Victor P. Stabile, Esquire) and attorney for Defendant (Thomas B. York, Chief of Litigation). May 6, 1993
Answer and New Matter filed by attorney for Defendant. Copy forwarded to attorney for Plaintiff (Victor P. Stabile, Esquire) by attorney for Defendant.
3 Docket No. 1567
May 24, 1993
Plaintiff’s Answer Opposing the Motion to be Separately Represented by Counsel and to Enter Appearance of Counsel and to Enter Appearance of Counsel on behalf of Brooks Drugs, Inc.; CVS Pharmacy/Peoples Drug; Drug Emporium; Fay’s Drug Stores; Kopp. Drug; Retired Persons Services; Revco; Rite Aid; Supermarkets General; Thrift Drug; Wal-Mart; Walgreen Company; and White Shield, Inc. filed by attorney for Plaintiff (Victor P. Stabile, Esquire). Copy forwarded to attorney for Additional Plaintiffs (Robert Hoffman, Esquire) and attorney for Defendant by attorney for Plaintiff (Victor P. Stabile, Esquire). May 26, 1993
Reply Brief In Support of Motion to be Separately Represented by Counsel and to Enter Appearance of Counsel on behalf of Brooks Drugs, Inc.; CVS Pharmacy/Peoples Drug; Drug Emporium; Fay’s Drug Stores; Kopp. Drug; Retired Persons Services; Revco; Rite Aid; Supermarkets General; Thrift Drug; Wal-Mart; Walgreen Company; and White Shield, Inc.CLOSED filed by attorney for Plaintiff (Victor P. Stabile, Esquire). Copy forwarded to attorney for Additional Plaintiffs (Robert Hoffman, Esquire) and attorney for Defendant by attorney for Plaintiff (Victor P. Stabile, Esquire). July 23, 1993
The Board rendered an Opinion and made the following Order: AND NOW, this 23rd day of July, 1993, it is ORDERED that a hearing on the class certification shall be held on July 30, 1993, at 10:00 a.m. Court Room No. 1, 707 Transportation and Safety Building, Harrisburg, Pennsylvania. All matters appertaining to this question shall be placed of record and a determination be made therewith.” Copies forwarded to attorney for Plaintiff and attorney for Defendant. July 28, 1993
Acceptance of Service of Opinion and Order dated July 23, 1993 received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant July 26, 1993. July 30, 1993
Class Certification hearing held this date, before Chief Administrative Judge, Fred C. Pace, in Board’s Courtroom No.1, 707 Transportation and Safety Building, Harrisburg, Pennsylvania, commencing at 10:00 a.m. Class certification hearing completed.
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July 30, 1993
The Board made the following Order: “AND NOW, this 30th day of July, 1993, in accordance with Pa. R.C.P. 1710 it is hereby ORDERED that: 1. CLASS CERTIFICATION: The above captioned action shall be maintained as a class action pursuant to Pa. R.C.P. 1701 et seq., on behalf of all pharmacies/pharmacists throughout the Commonwealth of Pennsylvania that participate in the Commonwealth’s Medical Assistance Program that provide prescription drug products to Pennsylvania’s medical assistants recipients. This class so certified shall be maintained with respect to the causes of action alleged in the Plaintiff’s complaint in the above matter to wit: all claims for damages allegedly resulting from the defendant’s promulgation of emergency regulations, effective January 11, 1991, which had the effect of reducing reimbursement for generic drugs to state pharmacies in violation of the Omnibus Budget Reconciliation Act of 1990, P.L. 101-508 (OBRA 90); all claims for damages allegedly arising out of the defendant’s promulgation of emergency regulations, effective January 11, 1991, which had the effect of reducing reimbursementCLOSED to pharmacies for generic drugs provided to Commonwealth medical assistance recipients, and’ any claims for damages allegedly resulting form the defendant’s failure to provide timely payments to pharmacies for the provision of prescription drugs to medical assistance recipients in violation of 42 U.S.C. §1396 (a) (37) and 42 C.F.R. §447.56. II. CLASS REPRESENTATIVE; CLASS COUNSEL. The above named plaintiff, Pennsylvania Pharmaceutical Association, is hereby designated as the class representative party for the class certified in paragraph 1 above. The law firm of Dilworth, Paxson, Kalish & Kauffman is designated as counsel for the above named class. III. INCLUSION OF CLASS MEMBERS. Every member of the class as so identified and certified in paragraph 1 above, shall be included in the class so certified, unless within 30 days of service of notice, as will be further ordered, the class member filed a written election to be excluded from the class and provides with such request, a statement of compelling reasons why the class member should not be included in the above class action. A further hearing shall be conducted to hear and rule upon any such requests for exclusion, if deemed necessary, by the representative party and counsel. The parties have stipulated that the requirement of an Opinion which should accompany this order may follow issuance of this Certified Order. Therefore, this Order will be entered with an Opinion in support thereof to follow. Counsel for the Class and for the Defendant shall submit Proposed Findings of Fact and Conclusions to the Board at their earliest convenience.” Copies hand-delivered to parties at time of hearing.
5 Docket No. 1567
August 4, 1993
By Order dated July 30, 1993, we certified a class of plaintiffs in the above captioned matter. Pursuant to Pa. R.C.P. 1712, we now enter this ORDER with respect to the notice to be given each member of the certified class as follows: IT IS HEREBY ORDERED THAT; 1. By agreement of the parties, the defendant shall cause to be mailed to each member of the class previously certified herein, a notice substantially in the form attached hereto as Exhibit “A”. The notice shall be made by the defendant, within 30 days of this Order, with two consecutive remittance advice mailings to all members of the certified class. It has been represented that to this Board and this Board has so found, that notice in this manner should reach every member of the class so certified and effected by this litigation. 2. A certificate of service shall be filed with this Board by either counsel for defendant or the plaintiff class within two weeks of the last mailing of notice as provided in paragraph 1, certifying that notice has been given in accordance with this Order. 3. The notice to be sent shall provide that any inquiries or comments from members or potential members of the class with respectCLOSED to the notice may be directed to Mr. Carmen DiCello, R.Ph., Executive Director, Pennsylvania Pharmaceutical Association, 717-234-6151.” Copies forwarded to attorneys for Plaintiff and attorney for Defendant. August 10, 1993
Acceptance of Service of an Order dated July 20, 1993 received from attorney for Plaintiff (Victor P. Stabile, Esquire). Receipt of same acknowledged by attorney for Plaintiff (Victor P. Stabile, Esquire) August 9, 1993. August 10, 1993
Acceptance of Service for an Order dated July 30, 1993 received from attorney for Defendant (Thomas B. York, Chief of Litigation). Receipt of same acknowledged by attorney for Defendant (Thomas B. York, Chief of Litigation) August 5, 1993. August 18, 1993
Request for Exclusion on behalf of Harrold’s Pharmacy filed by Barry Lefowitz. August 19, 1993
Request for Exclusion on behalf of Big Bee Pharmacy filed by Saliga A. Shunnara
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August 19, 1993
Testimony of hearing held July 30, 1993 filed. August 20, 1993
Request for Exclusion on behalf of Weiss Pharmacy 127 filed by August 20, 1993
Request for Exclusion on behalf of Alpha Pharmacy filed by Daniel E. Taylor. August 23, 1993
Request for Exclusion on behalf of Luisky Pharmacy filed by John T. Hanes. August 23, 1993
Request for Exclusion filed by Ruedijer Turner. August 23, 1993
RequestCLOSED for Exclusion on behalf of Eagle Pharmacy filed by Joseph F. DiFerdinando. August 24, 1993
Copy of testimony forwarded to attorney for Defendant. August 24, 1993
Request for Exclusion on behalf of Davisville Pharmacy, Inc. filed by Morton Rosen. August 24, 1993
Request for Exclusion on behalf of Blairsville Pharmacy filed by Daniel A. David. August 24, 1993
Request for Exlusion on behalf of Weiss Pharmacy 20 filed by Ms. Erica Hand. August 26, 1993
Request for Exclusion on behalf of The Medicine Shoppe filed by Christopher William Lester. August 27, 1993
Request for Exclusion on behalf of Weis Pharmacy filed by Lois A. Zimmerman.
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August 27, 1993
Request for Exclusion on behalf or Acme Markets, Inc. - Pharmacies filed by Mr. Valisano. August 30, 1993
Request for Exclusion on behalf of Michael’s Pharmacy filed by Michael E. Morgan. August 30, 1993
Request for Exclusion on behalf of Olson Pharmacy filed by E. Palestine. August 31, 1993
Request for Exclusion on behalf of Tancredi Apothecare filed by Mr. Tancredi. August 31, 1993
Request for Exclusion on behalf of Knox’s Pharmacy filed by Harold Knox.CLOSED August 31, 1993
The Board rendered an Opinion and made the following Order: “AND NOW, this 31st day of August, 1993, the Board of Claims, upon due consideration of the Motion To Be Separately Represented by Counsel And to Enter Appearance Of Counsel On Behalf of Brooks Drugs, Inc.; CVS Pharmacy/Peoples Drug; Drug Emporium; Fay’s Drug Stores; Kopp. Drug; Retired Persons Services; Revco; Rite Aid; Supermarkets General; Thrift Drug; Wal-Mart; Walgreen Company; and White Shield, Inc., the Answer and Briefs submitted by the parties, it is hereby ORDERED that the portion of the Motion requesting separate representation of the 13 chain drug stores is DENIED and that portion of the Motion For Entry Of Appearance Of Counsel is GRANTED, conditionally, provided, that such counsel’s appearance shall be for the purpose of receiving notices on behalf of the 13 chain drug stores and not for the purpose of joining in the litigation of the instant case nor for the purpose of negotiating settlement of the case. It is so ORDERED.” Copy forwarded to attorney for Plaintiff, attorney for Defendant and Robert B. Hoffman, Esquire. August 31, 1993
Request for Exclusion on behalf of A & G Pharmacy Services, Inc. filed by Ms. Barbuto.
8 Docket No. 1567
August 31, 1993
Request for Exclusion on behalf of Heights Prescription Pharmacy filed by Mr. Micklow. August 31, 1993
Request for Exclusion on behalf of Scottie Pharmacy filed by Mr. Grayson. September 3, 1993
Entry of Appearance filed by Robert B. Hoffman, Esquire on behalf of Brooks Drugs Inc.; CVS Pharmacy/Peoples Drugs; Drug Emporium; Fay’s Drug Stores; Kopp. Drug; Retired Persons Services; Revco; Rite Aid; Supermarkets General; Thrift Drug; Wal-Mart; Walgreen Company; and White Shield, Inc. Copy forwarded to attorney for Plaintiff and attorney for Defendant. September 7, 1993
Acceptance of Service of Opinion and Order dated August 31, 1993 received from attorney for Defendant. Receipt of same acknowledged byCLOSED attorney for Defendant September 2, 1993.
September 7, 1993
Acceptance of Service of Opinion and Order dated August 31, 1993 received from Robert B. Hoffman, Esquire. Receipt of same acknowledged by Robert B. Hoffman, Esquire September 3, 1993. September 10, 1993
Acceptance of Service of Opinion and Order dated August 31, 1993 received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff September 9, 1993. September 10, 1993
Request for Exclusion on behalf of Express Drugs, Inc. filed by Mr. Fish. September 10, 1993
Request for Exclusion on behalf of The Medicine Shoppe filed by Mr. Nida. September 13, 1993
Request for Exclusion on behalf of the Hancock Pharmacy filed by Mr. Hartz, Jr.
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September 15, 1993
Request for Exclusion on behalf of Medical Tower Pharmacy filed by Mr. Magun. September 15, 1993
Request for Exclusion on behalf of Caremark, Inc. filed by Mr. Jeanette. September 16, 1993
Request for Exclusion on behalf of Yocum’s Pharmacy filed by Mr. Yocum. September 17, 1993
Request for Exclusion on behalf of the Medicine Shoppe filed by Ms. Kossol. September 17,1993
Statement of Chain Drug Store Plaintiffs Concerning Participation asCLOSED Members of the Certified Class filed by Robert B. Hoffman, Esquire, on behalf of Brooks Drugs, Inc.; CVS Pharmacy/People’s Drugs, Inc.; Drug Emporium; Fay’s Drug Stores; Kopp. Drugs; Retired Persons Services; Revco; Rite Aid; Supermarkets General; Thrift Drug; Wal-Mart; Walgreen Company; and White Shield, Inc. Copy forwarded to attorney for Plaintiff (Victor P. Stabile, Esquire) and attorney for Defendant (Thomas B. York, Esquire) by Robert B. Hoffman, Esquire. September 22, 1993
Request for Exclusion on behalf of University Health Services, Pharmacy Department filed by Mr. Ray. September 24, 1993
Acceptance of Service of testimony dated August 25, 1993 received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant September 22, 1993. October 14, 1993
Certification re: Notice of Class Action Certification filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff.
April 7, 1994
10 Docket No. 1567
Petition to Approve a Class Action Settlement and Interium Payment to Class Members Pursuant to Pa. R.C.P. 1714 and three (3) Proposed Orders filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff. April 14, 1994
Hearing scheduled for June 20, 1994 at the Board of Claims, 707 Transportation and Safety Building, Harrisburg, PA 17120 commencing at 9:30 a.m. April 15, 1994
The Board rendered the following Order: On July 30, 1993 we certified a class in the above matter and directed that notice be provided of the certified class to all potential members notifying them that they would be included in the class unless any of them filed written objections with compelling reasons that they be excluded. In response to theat notice, 28 potential members objected to being included in the class. Since that time a number of these potential class members have reconsidered their requests for exclusion. Of theCLOSED remaining requests for exclusion, the parties have informed this Board and the Board has so found that may of the remaining requests for exclusion have provided no reason for exclusion, or have not provided sufficient reason for exclusion. We therefore find that of the 28 requests for exclusion filed with this Board, that only five should be granted and exluded from the class. Those five and their address are attached hereto as Exhibit ‘A’. It is therefore ORDERED, that this 15th day of April, 1994, that the request for exclusion of the potential class members identified on Exhibit ‘A’ hereto, are GRANTED and they are excluded form the class certified in the above matter. All other requests for exclusion are hereby DENIED. If any exluded member under this order desires to father pursue the claims so certified with the class in this matter, it is their responsibility to do so by themselves, if and as applicable law may permit. A copy of this Order shall be served by counsel for the class upon all members requesting exclusion herein by this Order with five (5) days of the exit date of this Order.” Copy forwarded to attorney for Plaintiff, and attorney for Defendant and Mr. Hoffman.
April 15, 1994
11 Docket No. 1567
The Board rendered the following Order: “The Pennsylvania Pharmaceutical Association, as the representative party of the class Plaintiff’s in the above matter, and the Department of Public Welfare have notified this Board of their execution of a proposed settlement agreement in this class action for approval by this Board. In accord with Pa. R.C.P. 1714, this Board must conduct a hearing on approval of this proposed agreement and to rule on objections, if any, to the proposed agreement filed by any class members. Therefore, it is ORDERED, that this 15th day of April, 1994, a hearing on approval of the proposed settlement agreement shall be held on June 20, 1994 at the Board of Claims, 707 Transportation and Safety Building, Harrisburg, Pennsylvania 17120 commencing at 9:30 a.m. The initial notice of material terms of the proposed settlement agreement shall be provided to all class members in the form attached hereto as Exhibit ‘A’, within two (2) weeks of the date of this Order by the Department of Public Welfare through two (2) successive mailings to class members as remittance advise alerts. Certification of service of the attached notice to all class members shall be filed by the parties within ten (10) days of the last mailing.” Copy forwarded to attorney forCLOSED Plaintiff, attorney for Defendant and Mr. Hoffman. April 21, 1994
Certification of Service filed by attorney for Plaintiff advising that service was made upon the 27 Class Action Participants. April 21, 1994
Acceptance of Service of two (2) Orders dated April 15, 1994 received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant April 18, 1994. April 21, 1994
Acceptance of Service of two (2) Orders dated April 15, 1994 received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff April 18, 1994. July 19, 1994
Hearing originally scheduled for June 20, 1994 canceled due to the fire in the Transportation and Safety Building, Harrisburg, Pennsylvania 17120. Hearing to be rescheduled.
July 19, 1994
12 Docket No. 1567
Hearing held at 1201 Labor & Industry Building, Harrisburg, Pennsylvania 17120 commencing at 9:30 a.m. Case settled. July 19, 1994
The Board rendered the following Order: In accord without order of April 15, 1994, a hearing was held this date¹ for approval of a proposed class action settlement agreement. Notice of the proposed agreement and the scheduling of a hearing thereon were served upon all class members. Although all class members were notified of their right to file objections to the proposed agreement, no objections were received by the Board. Approval of the proposed settlement agreement will not act as a discontinuance of this action at this time. As was represented in the petition for approval, claims involving the Healthpass program are still outstanding. The propose settlement agreement recognizes this fact and provides for the continued representation and handling of these claims. Counsel for the class has also represented that distribution of some settlement monies will be going to providers who may have purchased their businesses during or after the relevant claim period. To be certain that settlement monies are distributed to the proper recipients, counselCLOSED has requested that in those instances where the representative party, the Pennsylvania Pharmaceutical Association (“PPA”), has been notified of this situation, that the P.P.A. only distribute settlement funds to these providers upon P.P.A.’s receipt of a letter form each provider that it is entitled to receive the settlement funds and that it agrees to indemnify and hold harmless P.A. for any claims arising out of the provider’s receipt of the settlement funds. AND NOW, this 19th day of July, 1994, upon receipt of the proposed class action settlement agreement and after notice and hearing thereon in accord with Pa. R.C.P. 1714, it is hereby ORDERED that the class action settlement Agreement dated January 27, 1994 is hereby APPROVED. It is further ORDERED that in those instances where the P.P.A. has been notified that settlement monies will be going to providers who may have purchased their businesses during or after the relevant claim period, the P.P.A. only distribute settlement monies to those providers upon P.P.A.’s receipt of a letter from the provider that it is entitled to receive the settlement funds and that the provider agrees to indemnify and hold harmless P.P.A. form any claims arising out of the provider’s receipt of the settlement funds.¹ Hearing on approval of this class action settlement was reschedules for July 19, 1994.” Copy given to attorney for Plaintiff (Victor P. Stabile, Esquire) at the time of hearing. Copy forwarded to attorney for Defendant. July 26, 1994
Acceptance of Service of Order dated July 19, 1994 received from
13 Docket No. 1567 attorney for Defendant. Receipt of same acknowledged by attorney for Defendant July 21, 1994. October 20, 1994
Testimony of hearing held July 19, 1994 filed. October 20, 1994
Copy of testimony of hearing held July 19, 1994 forwarded to attorney for Defendant. October 28, 1994
Acceptance of Service of testimony for hearing held July 19, 1994 received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant October 25, 1994. September 27, 1995
Plaintiff’s Motion for Leave to Amend its Complaint and Proposed Rule to Show Cause filed by attorney for Plaintiff. Copy forwarded
to attorney for Defendant by attorney for Plaintiff. CLOSEDDecember 5, 1995
The Board rendered an Opinion and made the following Order: “AND NOW, this 5th day of December, 1995, it is ORDERED and DECREED that the Plaintiffs, Pennsylvania Pharmaceutical Association, et al., Motion for Leave to Amend its Complaint Pursuant to Pa. R.C.P. 1033 to Assert Additional Claims is hereby GRANTED. Counsel for Plaintiffs is directed to file their Amended Complaint within thirty (30) days from the exit dated of this Order and serve a copy of same unto opposing counsel.” Copy forwarded to attorney for Plaintiffs and attorney for Defendant. December 7, 1995
Acceptance of Service of Opinion and Order dated December 5, 1995 received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant December 6, 1995. December 7, 1995
Acceptance of Service of Opinion and Order dated December 5, 1995 received from attorney for Defendant. Receipt of same acknowledged by attorney for Defendant December 7, 1995.
December 7, 1995
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Acceptance of Service of Opinion and Order dated December 5, 1995 received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff December 7, 1995. January 4, 1996
Plaintiff’s Amendment to its Complaint to Assert Additional Claims filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff. March 4, 1996
Answer and New Matter filed by attorney for Defendant. Copy forwarded to attorney for Plaintiff by attorney for Defendant. REPLY TO NEW MATTER DUE FROM PLAINTIFF APRIL 15, 1996. April 15, 1996
Plaintiff’s Response to Defendant’s New Matter filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff. September 25, 1996
TheCLOSED Board rendered the following Order: “AND NOW, this 25th day of September, 1996, the Pennsylvania Pharmaceutical Association, as the representative party of the class Plaintiffs in the above matter, and the Department of Public Welfare have notified this Board of there execution of a proposed final settlement agreement in this class action for approval by this Board. In accord with Pa. R.C.P. 1714, this Board must conduct a hearing on approval of this proposed agreement filed by any class members. THEREFORE, it is ORDERED that a hearing on approval of the proposed settlement agreement shall be held on November 13, 1996, in the Board’s Courtroom No. 1, located at 200 North Third Street, Fulton Building, Suite 600, Harrisburg, Pennsylvania 17101-1501, commencing at 10:00 a.m.” Copy forwarded to all parties of record. October 1, 1996
Acceptance of Service of Order dated September 24, 1996 received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff September 27, 1996.
October 2, 1996
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Acceptance of Service of Order dated September 24, 1996 received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff September 27, 1996. October 3, 1996
The Board rendered the following Amended Order: “AND NOW, this 3rd day of October, 1996, the Board of Claims Amends its Order of September 25, 1996, to include the following: The initial notice of the material terms of the proposed settlement agreement shall be provided to all class members in the form attached hereto as Exhibit “A”, within two weeks of the date of this Order by DPW through two successive mailings to class members as remittance advice alerts. Certification of Service of the attached notice to all class members shall be filed by the parties within 10 days of the last mailing.” Copy forwarded to all parties of record. October 7, 1996
Acceptance of Service of Amended Order dated October 3, 1996 received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff October 4, 1996. CLOSEDOctober 8, 1996
Acceptance of Service of Amended Order dated October 3, 1996 received form attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff October 4, 1996. November 7, 1996
Acceptance of Service of Amended Order dated October 3, 1996 received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff October 4, 1996. November 14, 1996
The Board rendered an Opinion and made the following Order: “On July 19, 1994, an Order was entered in this class action approving a settlement between the parties. At that time, however, this matter was not discontinued, as there remained outstanding claims for class members who provided services in and around the Philadelphia area through the Healthpass program. Subsequent to that time, on January 4, 1996, the class action complaint was amended by Plaintiffs to include additional claims arising out of the settlement approved on July 19, 1994. On September 13, 1996, a petition was filed by plaintiffs representing that this Board conduct a hearing pursuant to Pa. R.C.P. 1714 to approve the settlement reached between the parties on behalf of all class members. By Order dated September 25, 1996, amended October 3, 1996, a hearing was scheduled fro
16 Docket No. 1567
November 13,1996, for the purpose of addressing any objections filed to the proposed agreement and the scheduling of a hearing thereon were served upon all class members. Although all class members were notified of their right to file objections to the proposed settlement no objections were received by the Board. On November 13, 1996, a hearing was held for purpose of approving the settlement reached between the parties. Counsel for the class has represented again that distribution of some settlement monies will be going to providers who may have purchased their businesses during or after the relevant claim period. To be certain that settlement monies are distributed to the proper recipients, counsel has requested that in those instances where the representative party, the Pennsylvania Pharmaceutical Association (“P.A.”), has been notified of this situation, that the P.A. only disrobed settlement funds to these providers upon P.A.’s receipt of a letter from each provider that it is entitled to receive the settlement funds and that it agrees to indemnify and hold harmless P.A. for any claims arising out of the provider’s receipt of the settlement funds. AND NOW, this 14th day of November, 1996, upon review of the proposed class action settlement agreement and after notice and hearing thereon in accord wCLOSEDith Pa. R.C.P. 1714, it is hereby ORDERED that the class action settlement Agreement dated August 27, 1996, is hereby APPROVED. It is further ORDERED that in those instances where the P.A. has been notified that settlement monies will be going to providers who may have purchased their businesses during of after the relevant claim period, the P.A. only distributed settlement monies to those providers upon P.A.’s receipt of a letter form the provider that it is entitled to receive the settlement funds and that the provider agrees to indemnify and hold harmless P.A. form any claims arising out of the provider’s receipt of the settlement funds. Plaintiffs’ counsel is directed to promptly notify the Board when the settlement funds are paid by the defendant pursuant to the terms of the approved settlement agreement, so that this matter may be marked as settled and discontinued.” Copy forwarded to attorney for Plaintiff and attorney for Defendant. November 18, 1996
Acceptance of Service of Opinion and Order dated November 14, 1996 received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff November 15, 1996.
December 10, 1996
Testimony of hearing held November 13, 1996 filed.
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April 1, 1997
Letter forwarded to parties requesting status. Response due from parties May 1, 1997. April 7, 1997
Praecipe to Discontinue filed by attorney for Plaintiff. Copy forwarded to attorney for Defendant by attorney for Plaintiff. April 24, 1997
The Board rendered an Opinion and made the following Order: “AND NOW, this 24th day of April, 1997, upon receipt of a Praecipe to Discontinue over the signature of Victor Pl Stabile, Esquire, on behalf of Plaintiff, Pennsylvania Pharmaceutical Association, et al., which states: ‘Please discontinue the above-referenced action with prejudice and mark the docket as settled and discontinued’ same of which was filed with the Board under date of April 7, 1997, it is ORDERED and DIRECTED that said case be marked ‘settled, discontinued and ended with prejudice.’” Copy forwarded to attorney for Plaintiff and attorney for Defendant. CLOSEDApril 29, 1997
Acceptance of Service of Order dated April 24, 1997 received form attorney for Defendant. Receipt of same acknowledged by attorney for Defendant April 28, 1997. May 1, 1997
Acceptance of Service of Order dated April 24, 1997 received from attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff April 30, 1997. May 1, 1997
Acceptance of Service of Order dated April 24, 1997 received form attorney for Plaintiff. Receipt of same acknowledged by attorney for Plaintiff April 29, 1997.
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