AvuTox, LLC v. Burwell

Filing 21

JUDGMENT - Signed by Julie Richards Johnston, Clerk of Court on 2/27/2017. (Baker, C.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
AVUTOX, LLC,
Plaintiff,
v.

NORRIS COCHRAN, in his official
capacity as Acting Secretary of the
United States Department of Health
and Human Services,
Defendant.

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JUDGMENT
No. 5:15-CV-634-FL

Decision by Court.
This action came before the Honorable Louise W. Flanagan, United States District Judge, for
consideration of the defendant’s motion to dismiss for lack of jurisdiction and for failure to state a
claim.
IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court’s order entered
February 27, 2017, and for the reasons set forth more specifically therein, that defendant’s motion
is GRANTED. This case is DISMISSED WITH PREJUDICE for lack of subject matter jurisdiction
and failure to state a claim.
This Judgment Filed and Entered on February 27, 2017, and Copies To:
Charles George (via CM/ECF Notice of Electronic Filing)
Frank S. Kirschbaum (via CM/ECF Notice of Electronic Filing)
Paul J. Puryear, Jr. (via CM/ECF Notice of Electronic Filing)
Andrew M. Bernie (via CM/ECF Notice of Electronic Filing)
Neal Fowler (via CM/ECF Notice of Electronic Filing)

February 27, 2017

JULIE RICHARDS JOHNSTON, CLERK
/s/ Christa N. Baker
(By) Christa N. Baker, Deputy Clerk