SCHMIDT v. SKOLAS et al
Filing
121
MEMORANDUM AND/OR OPINION ORDER THAT BVF DEFENDANTS' MOTION TO DISMISS (DOC. NO. 63) IS GRANTED. DIPEXIUM DEFENDANTS' MOTION TO DISMISS (DOC. NO. 64) IS GRANTED. ACCESS DEFENDANTS' MOTION TO DISMISS (DOC. NO. 65) IS GRANTED. DEFENDANT OHR'S MOTION TO DISMISS (DOC. NO. 66) IS GRANTED. THE MOTION (DOC. NO. 67) IS DENIED AS MOOT. XMARK DEFENDANTS' MOTION TO DISMISS (DOC. NO. 68) IS GRANTED. D&O DEFENDANTS' MOTION TO DISMISS (DOC. NO. 69) IS GRANTED. LIGAND DEFENDANTS 039; MOTION TO DISMISS (DOC. NO. 70) IS GRANTED. TRUSTEE DEFENDANTS' MOTION TO DISMISS (DOC. NO. 71) IS GRANTED. PLAINTIFF'S MOTION TO STRIKE (DOC. NO. 82) IS GRANTED AS TO THE EXHIBITS ATTACHED DOC. NO. 64, AND IS OTHERWISE DENIED AS MOOT. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE BERLE M. SCHILLER ON 8/12/2013. 8/12/2013 ENTERED AND COPIES MAILED AND E-MAILED; AND MAILED TO UNREP. (ems)
SCHMIDT v. SKOLAS et al
Doc. 121
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALAN SCHMIDT,
Plaintiff,
v.
JOHN A. SKOLAS, et al.,
Defendants.
:
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:
:
:
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CIVIL ACTION
No. 12-3265
ORDER
AND NOW, this 12th day of August, 2013, upon consideration of Defendants
Biotechnology Value Fund, Inc. and Mark Lampert’s Motion to Dismiss Plaintiff’s Amended
Complaint, Defendants Robert DeLuccia, David Luci and Dipexium Pharmaceuticals’ Motion to
Dismiss, Access Defendants’ Motion to Dismiss, Motion of Ohr Pharmaceutical, Inc. Joining and
Supplementing Motions to Dismiss the Amended Verified Complaint, Defendants Xmark Capital
Partners, LLC’s and Mitchell D. Kaye’s Motion to Dismiss Plaintiff Alan W. Schmidt’s
Amended Complaint, Director and Officer Defendants’ Motion to Dismiss the Amended
Complaint, Ligand Defendants’ Motion to Dismiss Plaintiff’s Amended Complaint, Defendants
Argyce LLC’s and John A. Skolas’s Motion to Dismiss the Amended Complaint, Plaintiff’s
responses thereto, and Defendants’ replies thereon, and following oral argument on July 10,
2013, and upon consideration of Plaintiff’s Motion to Strike Defendants’ Exhibits to the Motions
to Dismiss the Amended Complaint, and Defendants’ responses thereto, and for the reasons
stated in the Court’s Memorandum dated August 12, 2013, it is hereby ORDERED that:
1.
BVF Defendants’ motion to dismiss (Document No. 63) is GRANTED.
2.
Dipexium Defendants’ motion to dismiss (Document No. 64) is GRANTED.
3.
Access Defendants’ motion to dismiss (Document No. 65) is GRANTED.
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4.
Defendant Ohr’s motion to dismiss (Document No. 66) is GRANTED.
5.
The motion (Document No. 67) is DENIED as moot.
6.
Xmark Defendants’ motion to dismiss (Document No. 68) is GRANTED.
7.
D&O Defendants’ motion to dismiss (Document No. 69) is GRANTED.
8.
Ligand Defendants’ motion to dismiss (Document No. 70) is GRANTED.
9.
Trustee Defendants’ motion to dismiss (Document No. 71) is GRANTED.
10.
Plaintiff’s motion to strike (Document No. 82) is GRANTED as to the exhibits
attached to Document No. 64, and is otherwise DENIED as moot.
11.
The Clerk of Court is directed to close this case.
BY THE COURT:
Berle M. Schiller, J.
2
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