Ivan Goldsmith v. Allergan Inc.
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)
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