SHEET METAL WORKERS LOCAL 441 HEALTH & WELFARE PLAN et al v. GLAXOSMITHKLINE, PLC et al
ORDER THAT THE DEFTS' MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED WITH REPECT TO ALL ANTITRUST AND CONSUMER PROTECTION CLAIMS IN COUNTS I AND II OF THE AMENDED CONSOLIDATED COMPLAINT. THE DEFTS' MOTION FOR JUDGMENT ON THE PLEADINGS IS D ENIED WITH RESPECT TO THE UNJUST ENRICHMENT CLAIMS ARISING UNDER ALABAMA AND ILLINOIS LAW; IT IS GRANTED WITH RESPECT TO ALL OTHER UNJUST ENRICHMENT CLAINS IN COUNT III, ETC. PLFF SIDNEY HILLMAN IS DISMISSED FROM THIS ACTION. PLFFS AE GRANTED 30 DAYS LEAVE TO AMEND THEIR COMPLAINT TO ENUMERATE THE STATES INTO WHICH REIMBURSEMENTS WERE SENT DURING THE RELEVANT PERIOD. ( SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 11/2/09. ) 11/3/09 ENTERED AND COPIES MAILED, E-MAILED.(gn, )
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA SHEET METAL WORKERS LOCAL 441 HEALTH & WELFARE PLAN, et al., Plaintiffs v. GLAXOSMITHKLINE, PLC, et al, Defendants : : : : : : : : : :
ORDER STENGEL, J. AND NOW, this 2nd day of November, 2009, upon careful consideration of the defendants' motion for judgment on the pleadings (Document #221) and the plaintiffs' response thereto, IT IS HEREBY ORDERED that: 1. The defendants' motion for judgment on the pleadings is GRANTED with respect to all antitrust and consumer protection claims in Counts I and II of the Amended Consolidated Complaint. These claims are dismissed without prejudice. 2. The defendants' motion for judgment on the pleadings is DENIED with respect to the unjust enrichment claims arising under Alabama and Illinois law; it is GRANTED with respect to all other unjust enrichment claims in Count III of the Amended Consolidated Complaint, and these claims are dismissed without prejudice. 3. Plaintiff Sidney Hillman is dismissed from this action. 4. Plaintiffs are granted 30 days leave to amend their complaint to enumerate the states into which reimbursements were sent during the relevant period.
BY THE COURT: /s/ Lawrence F. Stengel LAWRENCE F. STENGEL, J.
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