Kelley-Ross & Associates Inc v. Express Scripts, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS JAN 21 2025

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

KELLEY-ROSS & ASSOCIATES, No. 23-3634

INC.,

D.C. No. 2:22-cv-00148-TSZ Plaintiff-Appellant,

v. MEMORANDUM*

EXPRESS SCRIPTS, INC.,

Defendant-Appellee.

Appeal from the United States District Court for the Western District of Washington Thomas S. Zilly, District Judge, Presiding

Argued and Submitted December 3, 2024 Seattle, Washington

Before: BOGGS, McKEOWN, and R. NELSON, Circuit Judges.**

This diversity case arises from a contract dispute between Kelley-Ross & As-

sociates, Inc. (Kelley-Ross), a retail pharmacy, and Express Scripts, Inc. (ESI), a

pharmacy benefit manager (PBM).

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Danny J. Boggs, Senior Circuit Judge of the United States Court of Appeals for the Sixth Circuit, sitting by designation. On appeal, Kelley-Ross challenges the district court’s grant of summary judg-

ment for ESI on…