EMPLOYERS MUTUAL CASUALTY COMPANY et al v. CEPHALON, INC.

Filing 101

ORDER THAT DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS AS TO THE RICO COUNTS IS GRANTED AND THE RICO COUNTS ARE DISMISSED WITH PREJUDICE; PLAINTIFF'S MOTION FOR LEAVE TO FILE A SECOND AMENDED CONSOLIDATED COMPLAINT IS GRANTED; DEFENDAN T'S MOTION FOR PROTECTIVE ORDER AND TO QUASH SUBPOENAS IS DENIED; DEFENDANT'S MOTION TO FILE REPLY BRIEF IS DENIED; MOTIONS FOR VOLUNATRY DISMISSAL, PLAINTIFF'S AND DEFENDANT'S MOTIONS TO COMPEL, SHALL BE REFERRED TO MAGISTRATE JUDGE LINDA K. CARACAPPA FOR RESOLUTION. SIGNED BY HONORABLE PETRESE B. TUCKER ON 5/22/2009. Motions referred to LINDA K. CARACAPPA. 5/22/2009 ENTERED AND COPIES E-MAILED.(ap, )

IN THE UNITED STATES DISTRICT COURT F O R THE EASTERN DISTRICT OF PENNSYLVANIA : : : : : : : : : : ORDER A N D NOW, this ___ of May, 2009, upon consideration of Defendant's Motion for Judgment on the P lead in gs (Doc. 39), Plaintiffs' Motion for Leave to File Second Amended Consolidated Class Action C o mplain t (Doc. 69), Defendant's Motion for Protective Order and to Quash Subpoenas (Doc. 95), D efen d ant's Motion to File Reply Brief (Doc. 98), and all responses thereto, IT IS HEREBY ORDERED A N D DECREED as follows: 1. D efen d an t's Motion for Judgment on the Pleadings as to the RICO Counts is GRANTED, an d the RICO Counts are DISMISSED WITH PREJUDICE; 2. P lain tiff's Motion for Leave to File Second Amended Consolidated Class Action Complaint an d to Add an Additional Plaintiff is GRANTED; 4. 5. D efen d an t's Motion for Protective Order and to Quash Subpoenas is DENIED; and D efen d an t's Motion to File Reply Brief is DENIED.

IN RE: ACTIQ SALES AND MARKETING P R A C T IC E S LITIGATION

C IV IL ACTION N O . 07-4492

IT IS FURTHER ORDERED that Plaintiffs' Motion for Voluntary Dismissal of Plaintiff Employers M u tu al Casualty Company (Doc. 30), Plaintiffs' Motion to Compel Defendant (Doc. 40), Plaintiffs' Motion to C o mpel (Doc. 44), Defendant's Motion to Compel Discovery from Plaintiffs (Doc. 55), and Plaintiffs' Second M o tion to Compel (Doc. 84) shall be referred to Magistrate Judge Linda K. Caracappa for resolution.

B Y THE COURT: /s/ Petrese B. Tucker ____________________________ H o n . Petrese B. Tucker, U.S.D.J.