American Federation of State et al v. Bristol-Myers Squibb Co. et al
| American Federation of State County and Municipal Employees District Council 37 Health & Security Plan and Sergeants Benevolent Association Health and Welfare Fund |
| Bristol-Myers Squibb Co. and Otsuka America Pharmaceutical, Inc. |
| 1:2012cv02238 |
| March 27, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Alvin K. Hellerstein |
| Racketeer Influenced and Corrupt Organizations |
| 18 U.S.C. ยง 1962 |
| None |
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Filing
61
OPINION AND ORDER: re: 57 MOTION for Leave to File Plaintiffs' First Amended Class Action Complaint filed by American Federation of State County and Municipal Employees District Council 37 Health & Security Plan, Sergeants Benevolent Associati on Health and Welfare Fund. For the foregoing reasons, Plaintiffs Motion for Leave to File an Amended Complaint is DENIED with respect to the RICO claim and is GRANTED with respect to the tortious interference with contract claim. Plaintiffs are hereby granted leave to file an Amended Complaint asserting only the tortious interference claim by December 27, 2013. The Clerk is directed to close Docket Entry No. 57.SO ORDERED.(Signed by Judge J. Paul Oetken on 12/09/2013) (ama)
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Filing
52
MEMORANDUM AND ORDER: granting 36 Motion for Leave to File Excess Pages; granting 25 Motion to Dismiss. For the foregoing reasons, Defendants motion to dismiss is GRANTED. The Complaint is dismissed without prejudice as to the benchmark theory of fraud supporting a potential RICO claim. In all other respects, the Complaint is dismissed with prejudice. Plaintiff is granted leave to re-plead solely as to the benchmark theory of fraud under RICO within 60 days of the issuance of this Memorandum and Order. The Clerk of Court is directed to close the motion entries at Dkt. Nos. 25 and 36. SO ORDERED.(Signed by Judge J. Paul Oetken on 6/03/2013) (ama)
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