Valeant Pharmaceuticals International v. Michael O Leavitt et al

Filing 217

JUDGMENT by Judge Andrew J. Guilford. It is ordered that: 1. Judgment is entered in favor of Spear and the FDA Defendants and against Valeant;2. The Amended Complaint is dismissed with prejudice; 3. This Court retains jurisdiction to decide any motion under Fed. R. Civ. P. 65.1 for execution on the $1 million bond posted by Valeant; and 4. Spear may submit papers in support of its motion for execution on the bond on or before October 12, 2009. (db)

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333 South Grand Avenue Los Angeles, CA 90071-1543

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA SOUTHERN DIVISION ­ SANTA ANA ) Case No. SACV08-449 AG (AGRx) ) ) The Honorable Andrew J. Guilford Plaintiff, ) ) JUDGMENT v. ) ) KATHLEEN SEBELIUS, et al., ) ) ) Defendants, ) ) and ) ) SPEAR PHARMACEUTICALS, INC. ) ) Intervenor Defendant. ) ) The motions for summary judgment filed by: (a) Spear Pharmaceuticals, Inc. ("Spear"); (b) Kathleen Sebelius and Joshua M. Sharfstein, M.D. (the "FDA Defendants"); and (c) Valeant Pharmaceuticals International ("Valeant") were heard on September 14, 2009, in Courtroom 10D of the above-referenced Court. The Honorable Judge Andrew J. Guilford presided. The motions for summary judgment filed by Spear and the FDA Defendants were granted. The motion for summary judgment filed by Valeant was denied.
PROPOSED JUDGEMENT

Winston & Strawn LLP

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VALEANT PHARMACEUTICALS INTERNATIONAL,

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333 South Grand Avenue Los Angeles, CA 90071-1543

Having considered all papers, pleadings, and evidence submitted and the oral arguments presented, and good cause appearing therefore, IT IS HEREBY ORDERED THAT: 1. 2. 3. 4. Judgment is entered in favor of Spear and the FDA Defendants and The Amended Complaint is dismissed with prejudice; This Court retains jurisdiction to decide any motion under Fed. R. Civ. Spear may submit papers in support of its motion for execution on the against Valeant;

P. 65.1 for execution on the $1 million bond posted by Valeant; and bond on or before October 12, 2009. IT IS SO ORDERED. Dated: October 01, 2009 ______________________________ Andrew J. Guilford, U.S.D.J.

Winston & Strawn LLP

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PROPOSED JUDGMENT