`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF NEW YORK
`
`Framework MI, Inc.,
`
`
`Plaintiff,
`
`
`v.
`
`CVS Health Corporation; CVS Pharmacy, Inc.;
`Caremark RX, LLC; ProCare Pharmacy, LLC
`d/b/a Encompass RX
`
`
`
`
`Civ. Action No.
`
`1:20-cv-00907 (NRB)
`
`
`NOTICE OF MOTION TO
`DISMISS PLAINTIFF’S FIRST
`AMENDED COMPLAINT
`
`
`ORAL ARGUMENT REQUESTED
`
`
`Defendants.
`
`
`
`
`
`PLEASE TAKE NOTICE that, upon the accompanying Memorandum of Law and
`
`Declaration of Michael Dixon, dated September 3, 2020, with exhibits, Defendants CVS Health
`
`Corporation, CVS Pharmacy, Inc., Caremark RX, LLC, and ProCare Pharmacy, LLC d/b/a
`
`Encompass RX will respectfully move this Court, before the Honorable Naomi R. Buchwald,
`
`United States District Judge for the Southern District of New York, 500 Pearl Street, New York,
`
`New York, 10007, for an order, pursuant to Fed. R. Civ. P. 12(b)(6), dismissing Counts I, II, III
`
`and V of Plaintiff Framework MI, Inc.’s First Amended Complaint, dated May 27, 2020 [Dkt.
`
`No. 31], for failure to state a claim, together with such other and further relief as the Court deems
`
`just and proper.
`
`
`
`1
`
`
`
`
`Case 1:20-cv-00907-NRB Document 43 Filed 09/04/20 Page 2 of 2
`
`
`
`Dated: September 4, 2020
`
`
`
`Respectfully Submitted,
`
`By: /s/ Andrew M. Zeitlin
`Andrew M. Zeitlin
`Shipman & Goodwin LLP
`300 Atlantic Street, 3rd Floor
`Stamford, CT 06901-3522
`Telephone: (203) 324-8100
`Facsimile: (203) 324-8199
`Email: azeitlin@goodwin.com
`
`Glenn M. Cunningham (pro hac vice)
`Shipman & Goodwin LLP
`One Constitution Plaza
`Hartford, CT 06103
`Telephone: 860-251-5000
`Facsimile: 860-251-5099
`Email: gcunningham@goodwin.com
`
`Attorneys for the Defendants
`
`2
`
`
`
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