UNITED STATES OF AMERICA et al. v. MERCK & CO.

Filing 60

ORDER THAT UPON CONSIDERATION OF DEFENDANTS' MOTION TO DISMISS IN CIVIL ACTION NO. 12-3555 (DKT NO. 40), IT IS HEREBY ORDERED THAT SAID MOTION IS GRANTED IN PART AND DENIED IN PART. UPON CONSIDERATION OF DEFENDANTS' MOTION TO DISMISS IN CIVIL ACTION NO. 10-4374 (DKT NO. 45), IT IS HEREBY ORDERED THAT SAID MOTION IS DENIED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/4/14. 9/5/14 ENTERED AND COPIES E-MAILED.(ti, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
UNITED STATES OF AMERICA, ex rel. :
STEPHEN A. KRAHLING AND
:
JOAN A. WLOCHOWSKI,
:
:
Relators,
:
:
v.
:
:
MERCK & CO., INC.,
:
:
Defendant.
:

CIVIL ACTION

NO. 10-4374 &
NO. 12-3555

AND NOW, this 4th day of September, 2014, it is hereby ORDERED as follows:
1. Upon consideration of Defendants’ Motion to Dismiss in Civil Action No. 12-3555
(Dkt No. 40) and the responses thereto, it is hereby ORDERED that said Motion is GRANTED
IN PART and DENIED IN PART. Count II is DIMISSED, except for claims brought under the
NYDAPA and the NJCFA. Counts III, IV, Count V, and VI are DISMISSED in their entireties.
2. Upon consideration of Defendants’ Motion to Dismiss in Civil Action No. 10-4374
(Dkt No. 45) and the responses thereto, it is hereby ORDERED that said Motion is DENIED.
BY THE COURT:
/s/ C. Darnell Jones, II
_____________________________
C. DARNELL JONES, II, U.S.D.J.