VIRGINIA EMERSON HOPKINS, District Judge
In accordance with the Memorandum Opinion entered today, it is ORDERED that the Second Amended Complaint is dismissed as to both Defendants, without prejudice, for Plaintiff's failure to exhaust his administrative remedies under ERISA.
In the alternative, if ERISA exhaustion is not required, the Second Amended Complaint is dismissed with prejudice as to Caremark, Inc. because Plaintiff Robert Bickley ("Bickley") lacks standing to bring and maintain this action and also because under the Pharmacy Benefits Management Agreement ("the PBM Agreement") between Caremark, the administrator of the PBM Agreement, and the Plan Administrator, Georgia-Pacific, Caremark is not an ERISA fiduciary as to Bickley.
In accordance with the Memorandum Agreement entered today, the Second Amended Complaint is dismissed with prejudice as to Caremark Rx, Inc.
Costs taxed as paid.
Done and Ordered.