FEDERAL TRADE COMMISSION v. ENDO PHARMACEUTICALS INC. et al
| FEDERAL TRADE COMMISSION |
| ENDO PHARMACEUTICALS INC., ENDO INTERNATIONAL PLC, TEIKOKU PHARMA USA, INC., TEIKOKU SEIYAKU CO., LTD., WATSON LABORATORIES, INC., ALLERGAN PLC and IMPAX LABORATORIES, INC. |
| 2:2016cv01440 |
| March 30, 2016 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Chester |
| PAUL S. DIAMOND |
| Antitrust |
| 15 U.S.C. ยง 0053 |
| None |
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Filing
120
MEMORANDUM AND ORDER THAT DEFENDANTS' MOTIONS TO SEVER (DOC.NOS.57,58) ARE GRANTED. IT IS FURTHER ORDERED THAT THIS ACTION SHALL BE SEVERED INTO TWO SEPARATE ACTIONS. THE FEDERAL TRADE COMMISSION'S ('FTC') INFORMAL REQUEST THAT I TRANSFER THE SEVERED ACTIONS IS DENIED WITHOUT PREJUDICE. THE FTC'S ORIGINAL ACTION, CIVIL ACTION NO. 16-1440, SHALL REMAIN OPEN ONLY WITH REGARD TO: DEFENDANTS: ENDO PHARMACEUTICALS INC., ENDO INTERNATIONAL PLC, TEIKOKU PHARMA USA, INC.; TEIKOK U SEIYAKU CO., LTD.; WATSON LABORATORIES, INC.; AND ALLERGAN PLC. THE CLERK OF COURT SHALL TERMINATE DEFENDANT IMPAX LABORATORIES, INC. I WILL RETAIN CONTROL OF THE CASE. THE FTC SHALL FILE IN CIVIL ACTION NO. 16-1440, NO LATER THAN 11/3/16, AN AMEND ED COMPLAINT STRIKING THE REFERENCES TO, AND CLAIMS AGAINST, DEFENDANT IMPAX LABORATORIES, INC. THE FTC SHALL FILE WITH THIS COURT, NO LATER THAN 11/3/16, A NEW COMPLAINT NAMING AS DEFENDANTS: ENDO PHARMACEUTICALS INC.; ENDO INTERNATIONAL PLC; AND IM PAX LABORATORIES, INC. THIS COMPLAINT SHALL INCLUDE CLAIMS AGAINST ONLY THESE DEFENDANTS. THE CLERK OF COURT SHALL ASSIGN THIS COMPLAINT A NEW CIVIL ACTION NUMBER AND SHALL ASSIGN THE CASE TO ME. BOTH COMPLAINTS SHALL BE DEEMED TO HAVE BEEN FILED AS OF 3/30/16. DEFENDANTS' MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM [#69] AND DEFENDANT ALLERGAN'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION [#70] ARE DENIED AS MOOT. DEFENDANTS MAY REFILE THEIR MOTIONS TO DISMISS IN RESPONSE TO THE COMPLAINTS FILED IN THEIR ACTIONS. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/20/16. 10/20/16 ENTERED AND COPIES MAILED, E-MAILED.(fdc)
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