IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
April 12, 2011
BENTLEY A. HOLLANDER
B. BRAUN MEDICAL, INC.
The opinion of the court was delivered by: Mary A. McLAUGHLIN, J.
AND NOW, this 12th day of April, 2011, upon consideration of the defendant's Motion to Dismiss (Docket No. 28), the opposition, reply, and supplemental briefing thereto, and following oral argument held on April 8, 2011, IT IS HEREBY ORDERED, for the reasons stated in a memorandum of law bearing today's date, that the motion is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that:
1. Counts VIII-IX (8-9), XLVIII-LII (48-52), LVI-LVII (56-57), LXV-LXVI (65-66), LXX-LXXXV (70-85) of the amended complaint are DISMISSED.
2. The motion is DENIED in all other respects.
3. On or before April 19, 2011, the parties shall submit a proposed schedule for the remainder of this action.
BY THE COURT:
Mary A. McLaughlin
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