Ivan Goldsmith v. Allergan Inc.

Ivan Goldsmith v. Allergan Inc.

Plaintiff:	Ivan Goldsmith
Defendant:	Allergen Inc.
Case Number:	2:2009cv07088
Filed:	September 29, 2009
Court:	US District Court for the Central District of California
Office:	Western Division - Los Angeles Office
County:	XX US, Outside California
Presiding Judge:	Eick
Presiding Judge:	Gutierrez
Nature of Suit:	Other
Cause of Action:	28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By:	Plaintiff

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
January 13, 2011	Filing 84 MINUTES: (In Chambers) Order Granting Defendants Motion to Dismiss 80 : Based on the foregoing, the Court determines that the portions of Plaintiffs Complaint relying on the FDCA to assert a claim under the UCL and FAL comprise an improper attempt t o privately enforce the FDCA and those claims are dismissed WITH PREJUDICE. In addition, the portions of Plaintiffs UCL and FAL claims not based on FDCA violations are insufficiently pleaded. The Court therefore GRANTS WITH LEAVE TO AMEND Defendants motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) those portion of Plaintiffs claims unrelated to enforcement of the FDCAs off-label provisions. Plaintiff must file a Fifth Amended Complaint by February 7, 2011 or the Court will dismiss the claims with prejudice IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)
May 26, 2010	Filing 35 PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND PRIVILEGED COMMUNICATIONS by Magistrate Judge Charles F. Eick. (sp)

Date Filed

Document Text

January 13, 2011

Filing 84 MINUTES: (In Chambers) Order Granting Defendants Motion to Dismiss 80 : Based on the foregoing, the Court determines that the portions of Plaintiffs Complaint relying on the FDCA to assert a claim under the UCL and FAL comprise an improper attempt t o privately enforce the FDCA and those claims are dismissed WITH PREJUDICE. In addition, the portions of Plaintiffs UCL and FAL claims not based on FDCA violations are insufficiently pleaded. The Court therefore GRANTS WITH LEAVE TO AMEND Defendants motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) those portion of Plaintiffs claims unrelated to enforcement of the FDCAs off-label provisions. Plaintiff must file a Fifth Amended Complaint by February 7, 2011 or the Court will dismiss the claims with prejudice IT IS SO ORDERED by Judge Philip S. Gutierrez. (ir)

May 26, 2010

Filing 35 PROTECTIVE ORDER REGARDING CONFIDENTIAL INFORMATION AND PRIVILEGED COMMUNICATIONS by Magistrate Judge Charles F. Eick. (sp)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the California Central District Court's Electronic Court Filings (ECF) System

Search for this case: Ivan Goldsmith v. Allergan Inc.
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Plaintiff: Ivan Goldsmith
Represented By:	Rosemary M Rivas
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Defendant: Allergen Inc.
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?