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Where a plaintiff has brought suit for unjust enrichment, requesting approximately $2.7 million for pharmaceuticals that it provided to the Michigan Department of Corrections, summary disposition should be awarded to the Department because the plaintiff is not the real party in interest.
“Plaintiff, Pharmacorr, LLC, sued the Michigan Department of Corrections (MDOC) for unjust enrichment, requesting approximately $2.7 million for pharmaceuticals that it provided to MDOC under Pharmacorr’s contract with Grand Prairie Healthcare Services (GPHS). On June 20, 2025, MDOC moved for summary disposition under MCR 2.116(C)(8) and (10). Because the MDOC has presented uncontested documentary evidence that Pharmacorr is not the real party in interest, the Court GRANTS MDOC’s motion for summary disposition under MCR 2.116(C)(10) on this ground alone and does not consider MDOC’s additional arguments in support of its motion.
“Pharmacorr’s complaint alleges that MDOC should pay approximately $2.7 million to Pharmacorr because GPHS did not pay Pharmacorr for its pharmaceutical services. MDOC argues that Pharmacorr is not the real party in interest because Pharmacorr assigned its claim for consideration in the bankruptcy proceeding and no longer owns the debt that it is seeking to recover.
“The undisputed evidence before the Court shows that Pharmacorr assigned its rights, title, interest, and causes of action to TRC Masterfund during Wellpath’s bankruptcy proceeding. Because Pharmacorr has presented no evidence to dispute MDOC’s evidence that Pharmacorr is no longer the real party in interest, the Court GRANTS MDOC’s uncontested motion for summary disposition under MCR 2.116(C)(10) and DISMISSES this lawsuit on this ground.”
