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Palan v. Inovio Pharmaceuticals, Inc.

United States District Court, E.D. Pennsylvania

February 20, 2015

BRIAN PALAN, Plaintiff,
v.
INOVIO PHARMACEUTICALS, INC.; PETER KIES; J. JOSEPH KIM; THOMAS KIM; AVTAR DHILLION; and JEFFREY RICHARDSON, Defendants.

ORDER

WENDY BEETLESTONE, District Judge.

AND NOW, this 20th day of February, 2015, upon consideration of Defendants Inovio Pharmaceuticals, Inc.; Peter Kies; J. Joseph Kim; Thomas Kim; Avtar Dhillion; and Jeffrey Richardson's Motion to Dismiss for Failure to State a Claim [ECF No. 9] and the Plaintiff's Response in Opposition thereto [ECF No. 11], and for the reasons discussed in the Court's Memorandum Opinion of February 20, 2015 [ECF No. 21], IT IS ORDERED that:

(1) the Motion to Dismiss the Complaint is GRANTED as to Defendants J. Joseph Kim and Avtar Dhillion; all claims against these Defendants are DISMISSED;
(2) the Motion to Dismiss Count I of the Complaint is GRANTED as to Defendants Inovio Pharmaceuticals, Inc.; Peter Kies; Thomas Kim; and Jeffrey Richardson; Count I of the Complaint [ECF No. 1] is DISMISSED WITHOUT PREJUDICE;
(3) the Motion to Dismiss Count II of the Complaint is DENIED as to Defendants Inovio Pharmaceuticals, Inc.; Peter Kies; Thomas Kim; and Jeffrey Richardson;
(4) the Plaintiff shall be granted leave to file an amended complaint consistent with the Court's memorandum opinion; such amended complaint shall be filed by March 6, 2015; and
(5) the remaining Defendants shall ANSWER the Amended Complaint within the time provided by the Federal Rules of Civil Procedure.

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