October 23, 2013
In re: AVANDIA MARKETING, SALES PRACTICES AND PRODUCTS LIABILITY LITIGATION.
GSK UFCW Local 1776 and Participating Employers Health and Welfare Fund THIS DOCUMENT RELATES TO Allied Services Division Welfare Fund
GSK United Benefit Fund
GSK Avandia MDL 1871
CYNTHIA M. RUFE, District Judge.
AND NOW, this 22th day of October 2013, upon consideration of Defendant's Motions to Dismiss the claims of the above named Plaintiffs, and all responses, replies, sur-replies, and supplemental authority submitted, and for the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that:
1. The Motion to Dismiss the claims of Allied Services Division Welfare Fund [Case No. 09-730, Doc. No. 19] is DENIED. In light of this ruling, Allied Services shall provide a status report to the Court, within 14 days of the date of this Order, indicating whether or not it wishes to withdraw its opposed Motion for Leave to File a Third Amended Complaint.
2. The Motion to Dismiss the claims of UFCW Local 1776 [Case No. 10-2475, Doc. No. 16] is DENIED.
3. The Motion to Dismiss the claims of United Benefit Fund [Case No. 10-5419, Doc. No. 6] is DENIED in substantial part. However, having found that United Benefit Fund lacks standing to assert a claim on its own behalf under Pennsylvania's UTPCLP, its UTPCLP claim asserted on its own behalf is DISMISSED. Having found that United Benefit Fund has failed to state a claim on its own behalf under the consumer protection laws of any state except New York, those state law claims are DISMISSED without prejudice.
4. To the extent that the Motions ask the Court to strike the class allegations contained in the complaints, the Court finds a ruling on the viability of the class allegations would be premature, and accordingly DENIES the motions to strike class allegations without prejudice.
It is so ORDERED.