SCHMIDT v. SKOLAS et al

Filing 195

ORDER THAT TRUST AND D&O DEFENDANTS MOTION TO DISMISS (DOC. 158 ) IS GRANTED. ACCESS DEFENDANTS MOTION TO DISMISS (DOC. 159 ) IS GRANTED. BVF DEFENDANTS MOTION TO DISMISS (DOC. 160 ) IS GRANTED. XMARK DEFENDANTS MOTION TO DISMISS (DOC. 161 ) IS G RANTED. DIPEXIUM DEFENDANTS MOTION TO DISMISS (DOC. 163 ) IS GRANTED. LIGAND DEFENDANTS MOTION TO DISMISS (DOC. 164 ) IS GRANTED. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE. SIGNED BY HONORABLE BERLE M. SCHILLER ON 11/10/2015. 11/10/2015 ENTERED AND COPIES MAILED AND E-MAILED.(sg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ALAN W. SCHMIDT, on behalf of
himself and in a representative capacity
on behalf of all others similarly situated
and derivatively on behalf of Genaera
Corporation and on behalf of the
Genaera Liquidating Trust
Plaintiffs,
v.
JOHN A. SKOLAS, et al.,
Defendants.

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CIVIL ACTION

No. 12-3265

ORDER
AND NOW, this 10th day of November, 2015, upon consideration of Defendants Argyce
LLC, John L. Armstrong, Jr., Zola B. Horovitz, Osagie O. Imasogie, Leanne Kelly, Robert F.
Shapiro, John A. Skolas, and Paul K. Wotton’s Motion to Dismiss the Second Amended
Complaint, Access Pharmaceuticals, Inc., Mark Alvino, Jeffrey Davis, MacroChem Corporation,
Steve Rouhandeh, and SCO Financial Group’s Motion to Dismiss the Second Amended
Complaint, Biotechnology Value Fund II, L.P., Biotechnology Value Fund, L.P., BVF Inc., and
Mark Lampert’s Motion to Dismiss the Second Amended Complaint, Mitchell D. Kaye, XMark
Capital Partners, LLC, XMark JV Investment Partners LLC, XMark Opportunity Fund Ltd.,
XMark Opportunity Fund, L.P., and XMark Opportunity Partners, LLC’s Motion to Dismiss the
Second Amended Complaint, Robert DeLuccia, Dipexium Pharmaceuticals, Inc., and David
Luci’s Motion to Dismiss the Second Amended Complaint, and John L. Higgins and Ligand
Pharmaceuticals, Inc.’s Motion to Dismiss the Second Amended Complaint, Plaintiff’s responses
thereto, and Defendants’ replies thereon, and following oral argument on September 30, 2015,
and for the reasons stated in the Court’s Memorandum dated November 10, 2015, it is hereby

ORDERED that:
1.

Trust and D&O Defendants’ Motion to Dismiss (Document No. 158) is
GRANTED.

2.

Access Defendants’ Motion to Dismiss (Document No. 159) is GRANTED.

3.

BVF Defendants’ Motion to Dismiss (Document No. 160) is GRANTED.

4.

XMark Defendants’ Motion to Dismiss (Document No. 161) is GRANTED.

5.

Dipexium Defendants’ Motion to Dismiss (Document No. 163) is GRANTED.

6.

Ligand Defendants’ Motion to Dismiss (Document No. 164) is GRANTED.

7.

The Clerk of Court is directed to close this case.

BY THE COURT:

Berle M. Schiller, J.

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