GEWIRTZ et al v. OPKO HEALTH, INC.

Filing 26

ORDER THAT DEFENDANTS 18 MOTION IS GRANTED IN PART, AND COUNT II OF PLAINTIFFS SECOND AMENDED COMPLAINT IS DISMISSED WITHOUT PREJUDICE FOR THE REASONS STATED IN THE COURTS MEMORANDUM OPINION; PLAINTIFFS WILL FILE A THIRD AMENDED COMPLAINT THAT COMP LIES WITH THE MEMORANDUM OPINION ON OR BEFORE FEBRUARY 20, 2017. IF PLAINTIFFS DO NOT FILE A THIRD AMENDED COMPLAINT, DEFENDANTS WILL ANSWER THE SECOND AMENDED COMPLAINT ON OR BEFORE MARCH 6, 2017. PLAINTIFFS MOTION FOR LEAVE TO FILE SUR-REPLY (DOC. NO. 23 ) IS DISMISSED AS MOOT. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 2/2/17. 2/3/17 ENTERED AND COPIES E-MAILED. (va, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
JAMIE GEWIRTZ, et al.,
:
Plaintiffs,
:
:
v.
:
CIVIL ACTION NO. 15-4352
:
OPKO HEALTH, INC., et al.,
:
Defendants.
:
ORDER
AND NOW, this 2nd day of February 2017, upon consideration of the Motion to Dismiss
Plaintiffs’ Second Amended Complaint by Defendants Opko Health, Inc. and Adam Logal (Doc.
No. 18) and the response thereto, it is hereby ORDERED as follows:
1. Defendants’ Motion is GRANTED IN PART, and Count II of Plaintiffs’ Second
Amended Complaint is DISMISSED WITHOUT PREJUDICE for the reasons stated in
the Court’s Memorandum Opinion;
2. Plaintiffs will file a Third Amended Complaint that complies with the Memorandum
Opinion on or before FEBRUARY 20, 2017.
3. If Plaintiffs do not file a Third Amended Complaint, Defendants will answer the Second
Amended Complaint on or before MARCH 6, 2017.
4. Plaintiffs’ Motion for Leave to File Sur-Reply (Doc. No. 23) is DISMISSED AS
MOOT.
It is so ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.