Pennfield Oil Company v. Alpharma, Inc.

Filing 203

ORDER - The stipulation of the parties 202 is approved and adopted. King Pharmaceuticals Holdings, Inc., and King Pharmaceuticals, Inc., are dismissed without prejudice as defendants in this action. Plaintiff is granted leave to file a second amended complaint, on or before November 30, 2010, removing those parties from the action. King Pharmaceuticals Holdings, Inc., and King Pharmaceuticals, Inc.s motion to dismiss 187 is denied as moot. Ordered by Senior Judge Lyle E. Strom. (KBJ)

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-TDT Pennfield Oil Company v. Alpharma, Inc. Doc. 203 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA PENNFIELD OIL COMPANY, d/b/a Pennfield Animal Health, a Nebraska corporation, ) ) ) ) Plaintiff, ) ) v. ) ) ALPHARMA, INC., a Delaware ) corporation, ALPHARMA, LLC, a ) Delaware limited liability ) corporation; KING ) PHARMACEUTICALS HOLDINGS, ) INC., a Delaware corporation, ) and KING PHARMACEUTICALS, ) INC., a Tennessee corporation,) ) Defendants. ) ) ALPHARMA, INC., a Delaware ) corporation, ) ) Counterclaim- ) Plaintiff, ) ) v. ) ) PENNFIELD OIL COMPANY, d/b/a ) Pennfield Animal Health, a ) Nebraska corporation, ) ) Counterclaim- ) Defendant. ) ______________________________) 8:09CV345 ORDER This matter is before the Court on the stipulation for voluntary dismissal without prejudice of King Pharmaceuticals Holdings, Inc., and King Pharmaceuticals, Inc. (Filing No. 202). The Court finds the stipulation should be approved and adopted. Accordingly, Dockets.Justia.com IT IS ORDERED: 1) The stipulation of the parties is approved and adopted. King Pharmaceuticals Holdings, Inc., and King Pharmaceuticals, Inc., are dismissed without prejudice as defendants in this action. 2) Plaintiff is granted leave to file a second amended complaint, on or before November 30, 2010, removing those parties from the action. 3) King Pharmaceuticals Holdings, Inc., and King Pharmaceuticals, Inc.'s motion to dismiss (Filing No. 187) is denied as moot. DATED this 18th day of November, 2010. BY THE COURT: /s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court -2-

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