IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
March 2, 2011
SIGMAPHARM, INC., PLAINTIFF,
MUTUAL PHARMACEUTICAL COMPANY, INC., ET AL., DEFENDANTS.
The opinion of the court was delivered by: Cynthia M. Rufe, J.
AND NOW, this 2nd day of March 2011, upon consideration of a Motion to Dismiss Counts I through III by Defendant King Pharmaceuticals, Inc. [doc. no. 40] and a Motion to Dismiss all Counts by Defendants Mutual Pharmaceuticals Company, Inc. and United Research Laboratories, Inc.[doc. no. 41 ]; Plaintiff's Responses in Opposition thereto [doc. nos. 42 & 43]; and Defendants Replies in Support [doc. nos. 49 & 51]; and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that:
1. Count I is DISMISSED without prejudice for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; and
2. The remaining claims, Counts II, III and IV, are DISMISSED without prejudice pursuant to 28 U.S.C. § 1367(c)(3).
3. Defendants' Motion to Stay Discovery [doc. no. 44] and Plaintiff's Motion to Compel Discovery [doc. no. 57] are DISMISSED as moot.
It is so ORDERED.
BY THE COURT:
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