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Harrod v. Express Scripts, Inc.

United States District Court for the Middle District of Florida, Tampa Division

August 16, 2019, Decided; August 16, 2019, Filed

Case No: 8:17-cv-1607-T-30TGW



THIS CAUSE comes before the Court upon Plaintiff's Motion for Class Certification (Dkts. 67, 105, 106), Defendant's Opposition (Dkts. 75, 110), Plaintiff's Reply (Dkts. 94, 95, 111), and Defendant's Surreply (Dkt. 101). After Plaintiff moved for class certification, Defendant filed a Motion for Summary Judgment (Dkt. 89), Plaintiff filed a Response (Dkt. 114), and Defendant filed a Reply (Dkt. [*2]  118). There are many sealed filings, which the Court has also reviewed. Upon review of these filings, including the detailed record evidence, the Court concludes that Defendant is entitled to judgment as a matter of law on all of Plaintiff's claims. This moots Plaintiff's Motion for Class Certification.


Before filing this case, Plaintiff Cynthea Harrod filed a lawsuit against certain pharmaceutical manufacturers related to her use of the pharmaceutical drug Yaz (the "Yaz case"). In connection with the Yaz case, Harrod authorized her lawyers to collect certain prescription records. Unbeknownst to Harrod, her lawyers utilized the services of a third party, Stratos Legal, to collect her records. Stratos Legal, not Harrod, requested records from Defendant, Express Scripts, Inc. Stratos Legal paid Express Scripts a $75 processing fee to obtain the records. Specifically, at the bottom of Express Scripts' authorization form is the following statement: "Please return completed form along with check or money order for the non-refundable processing fee of $75.00..." Dkt. 21-1, p. 2.

The $75 processing fee forms the basis for this lawsuit; Harrod claims this fee violates the Florida Deceptive [*3]  Unfair Trade Practices Act ("FDUTPA"). She also alleges related breach of contract and unjust enrichment claims. The parties have engaged in extensive discovery in this matter. The following facts are undisputed.

Express Scripts is a pharmacy benefit manager (PBM") that contracts with health plans and third-party payors to manage the delivery of prescription drugs to individual members of those insurance plans. Express Scripts is not a pharmacy. Express Scripts is not a health care provider. In its capacity as a PBM, Express Scripts responds to requests from various parties — plan members and third parties — to search for prescription records.

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2019 U.S. Dist. LEXIS 229571 *



records, unfair, processing fee, consumer, class certification, lawyers, argues, summary judgment motion, unjust enrichment, matter of law, third party, summary judgment, undisputed, deceptive, lawsuit, moot, alleged injury, deceptive act, prescription, genuine