SKOLD v. GALDERMA LABORATORIES, L.P. et al

Filing 51

MEMORANDUM AND ORDER THAT DEFENDANT GALDERMA S.A.'S MOTION TO DISMISS THE BREACH OF CONTRACT CLAIM IN COUNT FIVE IS GRANTED. COUNT FIVE OF THE COMPLAINT SHALL BE DISMISSED WITH PREJUDICE AS TO DEFENDANT GALDERMA S.A. DEFENDANT GALDERMA LABORATOR IES, INC.'S MOTION TO DISMISS THE UNJUST ENRICHMENT CLAIM IN COUNT SIX IS GRANTED. COUNT SIX OF THE COMPLAINT SHALL BE DISMISSED WITH PREJUDICE AS TO DEFENDANT GALDERMA LABORATORIES, INC. DEFENDANTS' MOTIONS TO DISMISS THE UNFAIR COMPETITIO N CLAIM IN COUNT FOUR ARE DEFERRED. THE PARTIES SHALL REFER TO THE COURT'S INSTRUCTIONS REGARDING SUPPLEMENTAL BRIEFING IN ITS ORDER DATED 3/17/15 48 . DEFENDANTS' MOTIONS TO DISMISS FOR FAILURE TO STATE A CLAIM ARE OTHERWISE DENIED. DEFENDANTS' MOTIONS TO STAY ARE DENIED AS MOOT. DEFENDANT GALDERMA S.A.'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION IS DENIED. SIGNED BY HONORABLE WENDY BEETLESTONE ON 3/20/15. 3/20/15 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THOMAS SKÖLD,
Plaintiff,
v.

CIVIL ACTION

GALDERMA LABORATORIES, L.P.;
GALDERMA LABORATORIES, INC.;
and GALDERMA S.A.,
Defendants.

NO. 14-5280

ORDER
AND NOW, this 20th day of March, 2015, upon consideration of Defendants Galderma
Laboratories, L.P. and Galderma Laboratories, Inc.’s Motion to Dismiss and Motion to Stay
Pending the Outcome of the Administrative Proceeding [ECF No. 22]; Plaintiff Thomas Sköld’s
Response in Opposition thereto [ECF No. 29]; and Galderma L.P. and Galderma Inc.’s Reply
[ECF No. 33], as well as Defendant Galderma S.A.’s Motion to Dismiss and Motion to Stay
Pending the Outcome of the Administrative Proceeding [ECF No. 36]; the Plaintiff’s Response
in Opposition thereto [ECF No. 38]; and Galderma S.A.’s Reply [ECF No. 46], after oral
argument on March 19, 2015, and for the reasons provided in the Court’s opinion of March 20,
2015 [ECF No. 50], IT IS ORDERED that:
(1)

Defendant Galderma S.A.’s motion to dismiss the breach of contract claim in Count
Five is GRANTED; Count Five of the Complaint shall be DISMISSED WITH
PREJUDICE as to Defendant Galderma S.A.;

(2)

Defendants’ Galderma Laboratories, Inc.’s motion to dismiss the unjust enrichment
claim in Count Six is GRANTED; Count Six of the Complaint shall be DISMISSED
WITH PREJUDICE as to Defendant Galderma Laboratories, Inc.;

(3)

Defendants’ motions to dismiss the unfair competition claim in Court Four are
DEFERRED; the parties shall refer to the Court’s instructions regarding
supplemental briefing in its Order dated March 17, 2015 [ECF No. 48];

(4)

Defendants’ motions to dismiss for failure to state a claim are otherwise DENIED;

(5)

Defendants’ motions to stay are DENIED AS MOOT; and

(6)

Defendant Galderma S.A.’s motion to dismiss for lack of personal jurisdiction is
DENIED.

BY THE COURT:
/S/WENDY BEETLESTONE, J.
______________________________
WENDY BEETLESTONE, J.