BERGMAN v. ABBOTT LABORATORIES

Filing 64

ORDER THAT COUNTS ONE AND TWO, THE RELATOR VOLUNTARILY DISMISSES, AND DEFENDANT'S MOTION TO DISMISS IS DENIED. COUNTS THREE, SIX, SEVEN, NINE, TEN, ELEVEN, THIRTEEN, SIXTEEN, EIGHTEEN, AND TWENTY-TWO, RELATOR VOLUNTARILY DISMISSES, DEFENDANT 9;S MOTOIN TO DISMISS IS DENIED. COUNT FOUR, THE DEFENDANT'S MOTION TO DISMISS IS DENIED IN ITS ENTIRETY. COUNT FIVE, DEFENDANT'S MOTION TO DISMISS IS GRANTED FOR ALL CLAIMS SUBMITTED BEFORE 7/16/2009 AND DENIED FOR ALL SUBMITTED AFTER. COU NT EIGHT, THE RELATOR VOLUNTARILY DISMISSES, AND DEFENDANT'S MOTION TO DISMISS IS DENIED. COUNT TWELVE, DEFENDANT'S MOTION TO DISMISS IS GRANTED FOR ALL CLAIMS SUBMITTED BEFORE 10/1/2005 AND DENIED FOR ALL CLAIMS AFTER. COUNTS FOURTEEN AND TWENTY-SIX, DEFENDANT'S MOTION TO DISMISS IS GRANTED FOR ALL CLAIMS SUBMITTED BEFORE 9/18/1999 AND DENIED FOR ALL CLAIMS SUBMITTED AFTER. COUNT FIFTEEN, DEFENDANT'S MOTION TO DISMISS IS GRANTED FOR ALL CLAIMS SUBMITTED BEFORE 5/4/2007 AND D ENIED FOR ALL CLAIMS SUBMITTED AFTER. COUNT SEVENTEEN, THE RELATOR VOLUNTARILY DISMISSES, AND DEFENDANT'S MOTION TO DISMISS IS DENIED. COUNTS NINETEEN, TWENTY, AND TWENTY-THREE, THE RELATOR VOLUNTARILY DISMISSES SAID COUNTS IN THEIR ENTIRETY. CO UNT TWENTY-ONE, THE RELATOR VOLUNTARILY DISMISS SAID COUNT FOR ALL CLAIMS SUBMITTED BEFORE 7/1/2007 AND DENIED ALL CLAIMS SUBMITTED AFTER. COUNT TWENTY-FOUR, THE RELATOR VOLUNTARILY DISMISSES SAID COUNT FOR ALL CLAIMS SUBMITTED BEFORE 4/1/2007, AND D EFENDANT'S MOTION TO DISMISS IS DENIED FOR ALL CLAIMS SUBMITTED AFTER. COUNT TWENTY-FIVE, THE RELATOR VOLUNTARILY DISMISSES COUNTS SUBMITTED BEFORE 11/1/2007, AND DEFENDANT'S MOTION TO DISMISS IS DENIED FOR ALL CLAIMS SUBMITTED AFTER. COUNT TWENTY-SEVEN, THE RELATOR VOLUNTARILY DISMISSES SAID COUNT FOR ALL CLAIMS SUBMITTED BEFORE 7/1/2007, AND DEFENDANT'S MOTION TO DISMISS IS DENIED FOR CLAIMS SUBMITTED AFTER. COUNT TWENTY-EIGHT, THE RELATOR VOLUNTARILY DISMISSES COUNT FOR ALL CLAIMS SUBMITTED BEFORE 3/13/2008, AND DEFENDANT'S MOTION TO DISMISS IS DENIED FOR ALL CLAIMS AFTER. SIGNED BY HONORABLE C. DARNELL JONES, II ON 1/30/14. 1/31/14 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA, ex rel. :
AMY BERGMAN
:
:
Relator,
:
:
v.
:
:
ABBOT LABORATORIES
:
:
Defendant.
:

CIVIL ACTION
NO. 09-4264

ORDER
AND NOW, this 30th day of January, 2014, upon consideration of Relator Amy
Bergman’s Second Amended Complaint (Dkt. No. 18), Defendant Abbott Labs’ Motion to
Dismiss the Second Amended Complaint (Dkt. No. No. 47-2), and the parties’ subsequent
responses it is hereby ORDERED as follows:


With respect to Counts One and Two, the Relator VOLUNTARILY DISMISSES said
counts for all claims submitted before September 18, 2003, and Defendant’s Motion to
Dismiss is DENIED for all claims submitted after September 18, 2003.



With respect to Counts Three, Six, Seven, Nine, Ten, Eleven, Thirteen, Sixteen,
Eighteen, and Twenty-Two, Relator VOLUNTARILY DISMISSES said counts for all
claims submitted before September 18, 2003, and Defendant’s Motion to Dismiss is
DENIED for all claims submitted after September 18, 2003.



With respect to Court Four, the Defendant’s Motion to Dismiss is DENIED in its entirety.



With respect to Count Five, Defendant’s Motion to Dismiss is GRANTED for all claims
submitted before July 16, 2009 and DENIED for all claims submitted after July 16, 2009.

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

With respect to Count Eight, the Relator VOLUNTARILY DISMISSES said count for all
claims submitted before May 24, 2007, and Defendant’s Motion to Dismiss is DENIED
for all claims submitted after May 24, 2007.



With respect to Count Twelve, Defendant’s Motion to Dismiss is GRANTED for all
claims submitted before October 1, 2005 and DENIED for all claims submitted after
October 1, 2005.



With respect to Counts Fourteen and Twenty-Six, Defendant’s Motion to Dismiss is
granted for all claims submitted before September 18, 1999, and DENIED for all claims
submitted after September 18, 1999.



With respect to Count Fifteen, Defendant’s Motion to Dismiss is GRANTED for all
claims submitted before May 4, 2007 and DENIED for all claims submitted after May 4,
2007.



With respect to Count Seventeen, the Relator VOLUNTARILY DISMISSES said count
for all claims submitted before July 1, 2005, and Defendant’s Motion to Dismiss is
DENIED for all claims submitted after July 1, 2005.



With respect to Counts Nineteen, Twenty, and Twenty-Three, the Relator
VOLUNTARILY DISMISSES said counts in their entirety.



With respect to Count Twenty-One, the Relator VOLUNTARILY DISMISSES said
count for all claims submitted before July 1, 2007, and Defendant’s Motion to Dismiss is
DENIED for all claims submitted after July 1, 2007.



With respect to Count Twenty-Four, the Relator VOLUNTARILY DISMISSES said
count for all claims submitted before April 1, 2007, and Defendant’s Motion to Dismiss
is DENIED for all claims submitted after April 1, 2007.

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

With respect to Count Twenty-Five, the Relator VOLUNTARILY DISMISSES said
count for all claims submitted before November 1, 2007, and Defendant’s Motion to
Dismiss is DENIED for all claims submitted after November 1, 2007.



With respect to Count Twenty-Seven, the Relator VOLUNTARILY DISMISSES said
count for all claims submitted before July 1, 2007, and Defendant’s Motion to Dismiss is
DENIED for all claims submitted after July 1, 2007.



With respect to Count Twenty-Eight, the Relator VOLUNTARILY DISMISSES said
count for all claims submitted before March 13, 2008, and Defendant’s Motion to
Dismiss is DENIED for all claims submitted after March 13, 2008.

BY THE COURT:
/s/ C. Darnell Jones, II
_____________________________
C. DARNELL JONES, II, U.S.D.J.

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