United States of America et al v. Avanir Pharmaceuticals, Inc. et al

Justia Dockets & Filings Sixth Circuit Ohio Northern District United States of America et al v. Avanir Pharmaceuticals, Inc. et al

United States of America et al v. Avanir Pharmaceuticals, Inc. et al

Case Number:	5:2015cv00611
Filed:	July 28, 2020
Court:	US District Court for the Northern District of Ohio
Office:	Akron Office
Nature of Suit:	Other Statutes: False Claims Act
Cause of Action:	31 U.S.C. § 3729 False Claims Act

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Date Filed	Document Text
March 8, 2021	Filing 55 Memorandum Opinion: For the reasons set forth within, Avanir Pharmaceuticals, Inc.'s motion to dismiss plaintiff Kevin Manieri's second amended complaint of failure to state a claim (Doc. No. 52 ) is granted. Judge Sara Lioi on 3/8/2021. (E,CK)
July 28, 2020	Filing 50 Memorandum Opinion and Order denying as moot defendant's Motion to dismiss the first amended complaint for failure to state a claim (Related Doc # 45 ); granting plaintiff's Motion for leave to file a second amended complaint (Rel ated Doc # 46 ). The Court also concludes that allegations in the original complaint and in the first amended complaint that are removed from the second amended complaint constitute admissions against interest that may be refuted by competent eviden ce at the appropriate time. Within 3 business days of the date of this order, plaintiff shall separately file the proposed second amended complaint that was attached to his motion; thereafter, defendant shall have 14 calendar days to file a responsiv e pleading. If defendant chooses to file a motion to dismiss, plaintiff shall then have 14 calendar days to file any opposition and defendant shall have 7 calendar days to file a reply. No surreply will be permitted. No extensions of this schedule will be granted, and none shall be sought. Counsel and parties are cautioned to read the Memorandum Opinion and Order, and not to rely solely on this docket text. Judge Sara Lioi on 7/28/2020. (D,S)

Date Filed

Document Text

March 8, 2021

Filing 55 Memorandum Opinion: For the reasons set forth within, Avanir Pharmaceuticals, Inc.'s motion to dismiss plaintiff Kevin Manieri's second amended complaint of failure to state a claim (Doc. No. 52 ) is granted. Judge Sara Lioi on 3/8/2021. (E,CK)

July 28, 2020

Filing 50 Memorandum Opinion and Order denying as moot defendant's Motion to dismiss the first amended complaint for failure to state a claim (Related Doc # 45 ); granting plaintiff's Motion for leave to file a second amended complaint (Rel ated Doc # 46 ). The Court also concludes that allegations in the original complaint and in the first amended complaint that are removed from the second amended complaint constitute admissions against interest that may be refuted by competent eviden ce at the appropriate time. Within 3 business days of the date of this order, plaintiff shall separately file the proposed second amended complaint that was attached to his motion; thereafter, defendant shall have 14 calendar days to file a responsiv e pleading. If defendant chooses to file a motion to dismiss, plaintiff shall then have 14 calendar days to file any opposition and defendant shall have 7 calendar days to file a reply. No surreply will be permitted. No extensions of this schedule will be granted, and none shall be sought. Counsel and parties are cautioned to read the Memorandum Opinion and Order, and not to rely solely on this docket text. Judge Sara Lioi on 7/28/2020. (D,S)

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