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BURTON'S PHARMACY, INC. v. CVS CAREMARK CORPORATION

No. 1:11CV2.

BURTON'S PHARMACY, INC., PIKE'S PHARMACY, INC., and DILWORTH DRUGS, LLC, Plaintiffs, v. CVS CAREMARK CORPORATION, CVS PHARMACY, INC., CAREMARK RX, LLC, and CAREMARK, LLC, Defendants.

United States District Court, M.D. North Carolina.

September 15, 2015.

Attorney(s) appearing for the Case

BURTON'S PHARMACY, INC., Plaintiff, represented by GARY WALKER JACKSON , JACKSON & MCGEE, LLP.

PIKE'S PHARMACY, INC., Plaintiff, represented by GARY WALKER JACKSON , JACKSON & MCGEE, LLP.

DILWORTH DRUGS, LLC, Plaintiff, represented by GARY WALKER JACKSON , JACKSON & MCGEE, LLP.

CVS CAREMARK CORPORATION, Defendant, represented by JONATHAN ARTHUR BERKELHAMMER , ELLIS & WINTERS, LLP, ROBERT H. GRIFFITH , FOLEY & LARDNER LLP & MICHAEL D. LEFFEL , FOLEY & LARDNER LLP.

CVS PHARMACY, INC., Defendant, represented by JONATHAN ARTHUR BERKELHAMMER , ELLIS & WINTERS, LLP, ROBERT H. GRIFFITH , FOLEY & LARDNER LLP & MICHAEL D. LEFFEL , FOLEY & LARDNER LLP.

CAREMARK RX, LLC, Defendant, represented by JONATHAN ARTHUR BERKELHAMMER , ELLIS & WINTERS, LLP, ROBERT H. GRIFFITH , FOLEY & LARDNER LLP & MICHAEL D. LEFFEL , FOLEY & LARDNER LLP.

CAREMARK, LLC, Defendant, represented by JONATHAN ARTHUR BERKELHAMMER , ELLIS & WINTERS, LLP, ROBERT H. GRIFFITH , FOLEY & LARDNER LLP & MICHAEL D. LEFFEL , FOLEY & LARDNER LLP.

NATIONAL COMMUNITY PHARMACISTS ASSOCIATION, Amicus, represented by JOHN THURSTON O'NEAL , O'Neal Law Office.

CAROLINA PHARMACY NETWORK, Amicus, represented by JOHN THURSTON O'NEAL , O'Neal Law Office.

CAROLINA PHARMACIES UNLIMITED COOPERATIVE, Amicus, represented by JOHN THURSTON O'NEAL , O'Neal Law Office.

MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

This matter comes before the Court on a Motion to Dismiss and Compel Arbitration [Doc. #20] filed by Defendants Caremark Rx, LLC, Caremark, LLC, CVS Caremark Corporation, and CVS Pharmacy, Inc. In the Complaint in this case, Plaintiffs...

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