Fitch et al v. State of Maryland et al, No. 1:2018cv02817 - Document 234 (D. Md. 2023)

Court Description: MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 9/29/2023. (heps, Deputy Clerk)

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Fitch et al v. State of Maryland et al Doc. 234 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND KENNETH FITCH,et aL, Plaintiffs, V. Civil No. 18-2817 PJM STATE OF MARYLAND,et al. Defendants. MEMORANDUM OPINION 1. INTRODUCTION This is the final chapter in a case that arises from the State of Maryland's attempt to transition certain retired state employees from a state-subsidized prescription drug benefit program to a combination of drug benefit programs available under new state programs and Part D of the Medicare Prescription Drug,Improvement, and Modernization Act of2003,Pub. L.No. 108-173, 117 Stat. 2066 (codified at 42 U.S.C. ยง 1395w-101 et seq.("Part D")). On October 16, 2018, the Court issued an Order granting Plaintiffs' Motion for Preliminary Injunction. ECF No. 31. Thereafter, on July 19, 2023, the Court sighed an Order granting Defendants' Motion for Dissolution of the Preliminary Injunction, but deferring decision with respect to Defendants' Motion for Summary Judgment pending consideration of whether Plaintiffs could state alternative claims offraud or restitution against Defendants. ECF No.220. Plaintiffs have provided additional briefing addressing possible alternative causes of action. See ECF No. 223. The Court now considers Defendants' Motion for Summary Judgment. ECF No. 196. For the following reasons. Defendants' Motion for Summary Judgment is now GRANTED as to both Plaintiffs' original and new alternative claims. 1 Dockets.Justia.com

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