Stephanie Patton et al v. Forest Laboratories, LLC

Filing 137

FINAL JUDGMENT AS TO ALL CLAIMS AND PARTIES by Judge Michael W. Fitzgerald. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that judgment be entered as follows: (1) Judgment on all claims is entered in favor of all Defendants and Plaintiffs shall take nothing by their Second Amended Complaint. (2) Defendants are awarded their costs as provided by law. (MD JS-6, Case Terminated). (iv)

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1 2 JS-6 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 12 STEPHANIE PATTON, KENDRICK KNIGHTEN, and THE ESTATE OF KENNADI KNIGHTEN, 13 14 15 16 17 18 Case No. EDCV-17-922-MWF (PLAx) FINAL JUDGMENT AS TO ALL CLAIMS AND PARTIES Plaintiffs, vs. FOREST LABORATORIES, INC.; FOREST PHARMACEUTICALS, INC.; ALLERGAN, INC.; and ALLERGAN SALES, LLC, Defendants. 19 20 21 22 23 24 25 This action was timely removed to this Court on May 11, 2017. All claims have now been resolved against all parties, as follows: Plaintiffs’ original Complaint asserted claims against Defendants Allergan, 26 plc; Allergan, Inc.; Forest Laboratories, Inc.; Actavis, plc (“Actavis”); Lupin 27 Pharmaceuticals, Inc. (“Lupin”); Cipla Ltd. and Cipla USA, Inc. (collectively, the 28 “Cipla Defendants”); Teva Pharmaceuticals USA, Inc. (“Teva”); CVS Pharmacy, 1 1 Inc.; Target Corporation (“Target”); and the Riverside County Regional Medical 2 Center (“RCRMC”). 3 On July 6, 2017, Defendants Actavis and Allergan, plc, and all claims 4 against them, were dismissed pursuant to the parties’ Stipulation of Voluntary 5 Dismissal of Foreign Corporate Defendants. (Docket No. 18). 6 On January 29, 2018, Plaintiffs filed their First Amended Complaint, 7 asserting claims against Defendants Forest Laboratories, Inc. and Forest 8 Pharmaceuticals, Inc. (together “Forest”); Allergan, Inc.; Lupin; the Cipla 9 Defendants; Teva; CVS Health Corporation and CVS Pharmacy, Inc. (together 10 “CVS”); Target; the County of Riverside (the “County”); and RCRMC. (Docket 11 No. 85). 12 On February 2, 2018, the Cipla Defendants, and all claims against them, 13 were dismissed by the Court’s Order re Stipulation of Dismissal with Prejudice of 14 Defendants Cipla Ltd. and Cipla USA, Inc. (Docket Nos. 86-87). 15 16 On May 10, 2018, Defendants Lupin, Teva, the County, RCRMC, CVS, and Target, and all claims against them, were dismissed as follows: 17  Lupin, Teva, the County, and RCRMC by the Court’s Order re Joint Motion 18 of Defendants Lupin Pharmaceuticals, Inc. and Teva Pharmaceuticals USA, 19 Inc. to Strike and Dismiss Plaintiffs’ Amended Complaint; and 20  CVS and Target by the Court’s Order re CVS Pharmacy, Inc. and Target 21 Corporation’s Motion to Dismiss All Claims Against CVS Pharmacy, Inc. 22 and Target Corporation. 23 24 (Docket No. 115). On July 9, 2018, Plaintiffs filed their Second Amended Complaint, asserting 25 claims against only Defendants Forest; Allergan, Inc.; and Allergan Sales, LLC 26 (collectively, the “Allergan Defendants”). (Docket No. 124). Defendant Forest 27 merged into Allergan Sales, LLC, which took over the defense of Forest. 28 2 1 On September 19, 2018, the Allergan Defendants, and all claims against 2 them, were dismissed by the Court’s Order re Allergan Sales, LLC, and Allergan, 3 Inc.’s Motion to Dismiss Plaintiffs’ Second Amended Complaint for Damages. 4 (Docket No. 136). 5 Now, therefore, pursuant to Rules 54 and 58 of the Federal Rules of Civil 6 Procedure, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that 7 judgment be entered as follows: 8 1. 9 10 Judgment on all claims is entered in favor of all Defendants and Plaintiffs shall take nothing by their Second Amended Complaint. 2. Defendants are awarded their costs as provided by law. 11 12 13 14 15 Dated: September 19, 2018 ______________________________ MICHAEL W. FITZGERALD United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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