Christina Stueve Hodges Jan. 24, 2013, 2:42pm

St. Clair County Circuit Judge Andrew Gleeson on Jan. 14 set a proposed class action lawsuit against Walgreen’s for a status conference on April 1.

Gleeson on Dec. 3 signed a protective order in the proposed class action suit that accuses Walgreen’s of overcharging customers for medical records.

Gleeson’s order states that parties in the lawsuit entered into the protective order, recognizing discovery will involve disclosure and production of confidential, proprietary and/or private information.

In its answer to the lawsuit, Walgreen’s argues that the complaint fails to state a claim upon which relief may be granted, and the plaintiff is not an adequate class representative.

Plaintiff Raymond Griggs claims Walgreen's charged him a flat fee of $55 for copies of his medical records, which he says violated state law.

Griggs claims Walgreen's attempted to conceal its alleged fraud by stating its fees in an ambiguous manner.

His complaint says the company violated the Illinois Consumer Fraud, Deceptive Business Practices Act and the Uniform Deceptive Trade Practices Act. Griggs also alleges common law fraud and unjust enrichment.

Corey D. Sullivan, John J. Carey, Francis J. “Casey” Flynn Jr. and Tiffany M. Yiatras of Carey, Danis and Love in St. Louis represent Griggs and the proposed class.

Matthew Jacober and Jamie Thompson of Lathrop and Gage in St. Louis represent the defense. Richard N. Bien, James Moloney, and Rachel Stephens of Lathrop and Gage in Kansas City also represent the defense.

St. Clair County Circuit Court case number: 11-L-685.

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