IN THE UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF PENNSYLVANIA 

UNITED STATES OF AMERICA : 

ex rel. Mary Jean Brown and Kevin Waite, : 

 :

 Plaintiffs, :

 :

v. : CIVIL ACTION NO. 02-9236

 : 

CAREMARKPCS, INC., f/k/a ADVANCEPCS, :

INC., A DIRECT SUBSIDIARY OF CAREMARK : 

RX, INC., A DELAWARE CORPORATION, : 

 :

 Defendant. :

___________________________________________________________________________ 

 :

UNITED STATES OF AMERICA, ex rel. :

KARL SCHUMANN, : CIVIL ACTION NO. 03-5425 

 :

 Plaintiff, :

 :

 v. :

 :

CAREMARKPCS, f/k/a ADVANCE PARADIGM, :

INC., A DIRECT SUBSIDIARY OF CAREMARK : 

RX, INC., A DELAWARE CORPORATION, : 

 :

 Defendant. : 

RELATORS’ JOINT NOTICE OF WITHDRAWAL OF RELATORS’ JOINT 

APPLICATION FOR RELATORS’ SHARE AND REASONABLE ATTORNEYS’ FEES 

AND COSTS AND RELATORS’ JOINT SUPPLEMENTAL APPLICATION FOR 

REASONABLE ATTORNEYS’ FEES AND COSTS

 

Relators Mary Jean Brown, Kevin Waite, and Karl Schumann, by and through their 

counsel, respectfully submit this Joint Notice of Withdrawal of Relators’ Joint Application for 

Relators’ Share and Reasonable Attorneys’ Fees and Costs (“Joint Application”) and Relators’ 

Joint Supplemental Application for Reasonable Attorneys’ Fees and Costs (“Joint Supplemental 

Application”). 

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Relators filed their Joint Application on October 7, 2005 prior to reaching an agreement 

with the United States on the issue of relator’s share. The Relators and the United States have 

reached an agreement with respect to all outstanding relator’s share issues. As the Court 

observed during a conference in chambers on November 7, 2005, a decision by the Court on the 

relator’s share issue is pending only because the Relators had filed, and currently have pending 

before this Court, an application to approve relator’s share. Since the Relators and the United 

States have now reached an agreement with respect to all outstanding relator’s share issues, that 

application is now moot, and Relators respectfully withdraw their Joint Application. 

Relators filed their Joint Supplemental Application on October 25, 2005. Relators and 

the Defendant reached an agreement regarding payment of attorneys’ fees on September 7, 2005. 

This agreement was provided to the Court as an exhibit to the Joint Supplemental Application. 

The Court stated in its October 25, 2005 correspondence to Assistant United States Attorney 

Barbara Rowland “since the parties have reached a private agreement [regarding attorneys’ fees 

and costs], the court does not believe approval is necessary.” 

For the foregoing reasons and for those reasons discussed at the conference held in 

chambers on November 7, 2005, Relators respectfully withdraw their Joint Application and Joint 

Supplemental Application. 

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Dated: November 10, 2005 Respectfully submitted, 

KREINDLER & ASSOCIATES, P.C. 

/s/ 

Sharon M. Gurak, Esq. (Pa. Bar No. 40026) 

Mitchell R. Kreindler, Esq. (Pa. Bar No. 80161) 

7 Great Valley Parkway, Suite 210 

Malvern, Pennsylvania 19355-1425 

610.889.1100 (tel.) 

610.889.1112 (fax) 

and 

9219 Katy Freeway, Suite 206 

Houston, Texas 77024-1415 

713.647.8888 (tel.) 

713.647.8889 (fax) 

ROBINS, KAPLAN, MILLER & CIRESI LLP 

/s/ 

W. Scott Simmer, Esq. 

Thomas J. Poulin, Esq. 

1801 K Street, N.W., Suite 1200 

Washington, D.C.20006-1307 

202.775.0725 (tel.) 

202.223.8604 (fax) 

Counsel for Relators 

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CERTIFICATE OF SERVICE

I declare under penalty of perjury that copies of Joint Notice of Withdrawal of Relators’ 

Joint Application for Relators’ Share and Reasonable Attorneys’ Fees and Costs and Relators’

Joint Supplemental Application for Reasonable Attorneys’ Fees and Costs in the abovecaptioned matters was served today via United States First Class mail, postage prepaid, upon the 

following persons at the addresses stated:

James Sheehan 

Associate United States Attorney 

United States Attorney’s Office 

Eastern District of Pennsylvania 

615 Chestnut Street, Suite 1250 

Philadelphia, PA 19106-4476 

Barbara Rowland 

Assistant United States Attorney 

United States Attorney’s Office 

Eastern District of Pennsylvania 

615 Chestnut Street, Suite 1250 

Philadelphia, PA 19106-4476 

John K. Henebery 

United States Department of Justice 

Civil Division 

P.O. Box 261 

Ben Franklin Station 

Washington, DC 20044 

Howard Pearl 

Winston & Strawn LLP 

35 West Wacker Drive 

Suite 4200 

Chicago, IL 60601-9703 

Date: November 10, 2005 

 _/s/______________________________ 

W. Scott Simmer

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