IMS Health Incorporated et al v. NH Attorney General

Filing 174

ORDER denying 173 Motion for Entry of Default Judgment. So Ordered by Judge Paul J. Barbadoro.(jna)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

IMS Health Incorporated, et al.
v.

Case No. 06-cv-280-PB

N.H. Attorney General

O R D E R

The plaintiffs in this case join in requesting the entry of
a final judgment reflecting their agreement that the Supreme
Court’s recent decision in Sorrell v. IMS Health Inc., 131 S.
Ct. 2653 (2011) requires “invalidation of N.H. Rev. Stat. Ann.
§§ 318:47-f and 318-B:12 to the extent that they prohibit the
transfer, use, sale, or licensing of prescriber-identifiable
data.”

Doc. No. 173, ¶ 3.

Plaintiffs have also agreed to waive

any claim to attorney’s fees, expenses, or costs.

Id. ¶ 2.

The parties’ proposal is consistent with my reading of
Sorrell and is a reasonable way to resolve the matter.

I cannot

grant their joint request, however, because the First Circuit
Court of Appeals has retained jurisdiction over the case.
Accordingly, I deny the motion for entry of default judgment
(Doc. No. 173) without prejudice.

The parties may renew their

request if the court of appeals should decide to remand the

matter to the district court for further proceedings in light of
the Supreme Court’s decision in Sorrell.
SO ORDERED.

/s/Paul Barbadoro
Paul Barbadoro
United States District Judge
September 21, 2011
cc:

Counsel of Record

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