PLUMBERS' LOCAL UNION NO. 690 HEALTH PLAN v. ACTAVIS INC. et al
ORDER of MEMORANDUM AND/OR OPINION (ECF NO. 326) that DEFENDANTS' JOINT MOTION TO DISMISS (ECF NO. 241) AND QUALITEST, BOCA PHARMACAL, LLC AND ENDO PHARMACEUTICALS INC.'S MOTION TO DISMISS (ECF NO. 297) ARE GRANTED.-1(footnote). SIGNED BY HONORABLE ANITA B. BRODY ON 9/25/2017. 9/25/2017 ENTERED AND COPIES VIA ECF.(mo, )
Case 2:16-cv-00665-AB Document 327 Filed 09/25/17 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PLUMBERS’ LOCAL UNION NO.
690 HEALTH PLAN,
APOTEX CORP., et al.,
AND NOW, this 25
day of September, 2017, it is ORDERED that Defendants’ Joint
Motion to Dismiss (ECF No. 241) and Qualitest, Boca Pharmacal, LLC and Endo
Pharmaceuticals Inc.’s Motion to Dismiss (ECF No. 297) are GRANTED.1
s/Anita B. Brody
ANITA B. BRODY, J.
Copies VIA ECF on _________ to:
In order to avoid dismissal, Plumbers requests leave to amend its Amended Complaint. “[I]f a
complaint is subject to a Rule 12(b)(6) dismissal, a district court must permit a curative amendment
unless such an amendment would be inequitable or futile.” Phillips v. Cty. of Allegheny, 515 F.3d 224,
245 (3d Cir. 2008). For all of the reasons discussed above, including Plumbers’ knowledge that the
AWPs were not the actual average wholesale prices for Generic Drug Manufacturers’ drugs, amendment
would be futile. Therefore, I will deny Plumbers’ request for leave to amend.
Case 2:16-cv-00665-AB Document 327 Filed 09/25/17 Page 2 of 2
O:\ABB 2017\L - Z\Plumbers v. Apotex Motions to Dismiss Order.docx
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