FRATER v. HEMISPHERX BIOPHARMA, INC. et al

Filing 49

MEMORANDUM AND ORDER THAT THE DEFENDANTS' MOTION TO DISMISS THE CONSOLIDATED AMENDED COMPLAINT (DOC. NO.40) IS DENIED, ETC. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 1/23/2014. 1/24/2014 ENTERED AND COPIES MAILED, E-MAILED. (kk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STEPHANIE FRATER, Individually and On Behalf
Of All Others Similarly Situated,
Plaintiffs,
v.

2:12-cv-07152-WY

HEMISPHERX BIOPHARMA, INC., WILLIAM
A. CARTER, DAVID STRAYER, and WAYNE
PAMBIANCHI,
Defendants.

ORDER
AND NOW, this 23rd day of January, 2014, upon consideration of Defendants’
Motion to Dismiss the Consolidated Amended Complaint (Document No. 40), plaintiffs’
response and defendants’ reply, IT IS HEREBY ORDERED that defendants’ motion is
DENIED.
IT IS FURTHER ORDERED that the parties are directed to confer pursuant to
Fed. R. Civ. P. 26(f) and file with the court within twenty days of the date hereof a written report
outlining their joint proposed discovery plan, or, if there is none, their individual requests
concerning a discovery plan.

/s William H. Yohn Jr.
William H. Yohn Jr., Judge

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