ENDO PHARMACEUTICALS INC. et al v. FEDERAL TRADE COMMISSION
| ENDO PHARMACEUTICALS INC., ENDO INTERNATIONAL PLC and WATSON LABORATORIES, INC. |
| FEDERAL TRADE COMMISSION |
| 2:2016cv05599 |
| October 26, 2016 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Chester |
| PAUL S. DIAMOND |
| Antitrust |
| 28 U.S.C. ยง 2201 |
| None |
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Filing
74
MEMORANDUM, AFTER THE FEDERAL TRADE COMMISSION VOLUNTARILY DISMISSED ITS ENFORCEMENT ACTION IN THIS COURT AGAINST PLAINTIFFS WATSON LABORATORIES AND ALLERGAN FINANCE - AND THEN REFILED THAT SAME ENFORCEMENT ACTION IN CALIFORNIA - PLAINTIFFS BROUGHT T HIS DECLARATORY JUDGMENT SUIT, REPEATING THE ARGUMENTS MADE IN THEIR MOTIONS TO DISMISS IN THE ORIGINAL ENFORCEMENT ACTION. ALTHOUGH THE FTC'S APPARENT FORUM SHOPPING MAY WARRANT SANCTIONS, THE LAW DOES NOT ALLOW PLAINTIFFS TO CHALLENGE THE COMM ISSION'S DECISIONS BY WAY OF DECLARATORY JUDGMENT WHEN THEY CAN DO SO IN DEFENDING AGAINST THE CALIFORNIA ENFORCEMENT ACTION ITSELF. ACCORDINGLY, I WILL GRANT THE FTC'S MOTION TO DISMISS.....BECAUSE PLAINTIFF'S DO NOT CHALLENGE A " ;FINAL AGENCY ACTION FOR WHICH THERE IS NO OTHER ADEQUATE REMEDY IN A COURT," I WILL DISMISS THEIR APA CLAIM. SEE 5 U.S.C. 704. I WILL DECLINE OTHERWISE TO EXERCISE JURISDICTION UNDER THE DJA. ACCORDINGLY, I WILL GRANT THE FTC'S MOTION TO D ISMISS. IN LIGHT OF MY DECISION, I WILL NOT ADDRESS THE FTC'S CONTENTION THAT PLAINTIFFS' CLAIMS ARE NOT JUSTICIABLE. AN APPROPRIATE ORDER FOLLOWS.. SIGNED BY HONORABLE PAUL S. DIAMOND ON 10/29/2018. 10/29/2018 ENTERED AND COPIES E-MAILED.(rt)
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