SB PHARMCO PUERTO RICO, INC., ET AL v. MUTUAL PHARMACEUTICAL COMPANY, INC.

Filing 79

ORDER THAT PLAINTIFFS' MOTION TO DISMISS IS GRANTED. PLAINTIFFS' MOTION TO STAY IS DISMISSED AS MOOT. DEFENDANTS' CROSS-MOTION TO COMPEL PRODUCTION OF DOCUMENTS IS DENIED. SIGNED BY HONORABLE JOHN P. FULLAM ON 4/28/09. 4/29/09 ENTERED AND COPIES MAILED, E-MAILED.(stb, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA SB PHARMCO PUERTO RICO, INC. d/b/a GLAXOSMITHKLINE, et al. v. MUTUAL PHARMACEUTICAL COMPANY, INC., et al. : : : : : : : ORDER AND NOW, this 28th day of April 2009, upon consideration of the pending motions and the responses thereto, and after oral argument, IT IS hereby ORDERED that: 1. GRANTED. 2. Plaintiffs' Motion to Stay (Document No. 57) is Plaintiffs' Motion to Dismiss (Document No. 56) is CIVIL ACTION

NO. 08-2035

DISMISSED AS MOOT. 3. Defendants' Cross-Motion to Compel Production of

Documents (Document No. 62) is DENIED. 4. If the parties cannot agree on the amount of

counsel fees to be paid by Plaintiffs to Defendants, Defendants may submit a petition within 20 days of the date of this Order, to which Plaintiffs may file a response within 10 days. BY THE COURT:

/s/ John P. Fullam John P. Fullam,

Sr. J.