ENDO PHARMACEUTICALS INC. v. FRYER

Filing 60

ORDERED AND DECREED AS FOLLOWS THAT ENDO PHARMACEUTICALS MOTION TO DISMISS SEVEN OF DEFENDANTS EIGHT COUNTERCLAIMS IN HER THIRD AMENDED ANSWER (ECF NO. 38) IS GRANTED IN PART AND DENIED IN PART; ENDO PHARMACEUTICALS MOTION FOR LEAVE TO FILE A REPLY BRIEF IN SUPPORT OF ITS MOTION TO DISMISS (ECF NO. 41) IS GRANTED; KAREN WALLACES MOTION TO JOIN COUNTERCLAIM DEFENDANT LARRY SMITHS MOTION TO DISMISS (ECF NO. 44) IS GRANTED; SMITHS MOTION TO DISMISS COUNT EIGHT OF THIRD AMENDED ANSWER AND COUNTERCLAIMS (ECF NO. 43) IS DENIED AS OUTLINED HEREIN. SIGNED BY HONORABLE PETRESE B. TUCKER ON 8/14/20. 8/17/20 ENTERED AND COPIES E-MAILED.(jaa, )

Case 2:17-cv-02245-PBT Document 60 Filed 08/17/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ENDO PHARMACEUTICALS INC.,

:
:
:
:
:
:
:
:
:

Plaintiff,
v.
CINDY FRYER,
Defendant.

CIVIL ACTION
NO. 17-2245

ORDER
AND NOW this _14th__ day of August, 2020, IT IS HEREBY ORDERED AND
DECREED as follows:
1. Endo Pharmaceuticals’ Motion to Dismiss Seven of Defendant’s Eight Counterclaims in
her Third Amended Answer (ECF No. 38) is GRANTED IN PART and DENIED IN
PART; 1
2. Endo Pharmaceuticals’ Motion for Leave to File a Reply Brief in Support of its Motion to
Dismiss (ECF No. 41) is GRANTED;
3. Karen Wallace’s Motion to Join Counterclaim Defendant Larry Smith’s Motion to
Dismiss (ECF No. 44) is GRANTED;
4. Smith’s Motion to Dismiss Count Eight of Third Amended Answer and Counterclaims
(ECF No. 43) is DENIED.

1

The Motion to Dismiss is GRANTED in full for counterclaim count three, and in part for
counterclaim counts five, six, and seven. The counterclaims dismissed, are dismissed with
prejudice since Plaintiff has taken multiple opportunities to amend her claims. The Motion to
Dismiss is DENIED for counterclaim counts two, four, and eight. This Order is accompanied by
the Court’s August 14, 2020 Memorandum Opinion regarding this motion.
1

Case 2:17-cv-02245-PBT Document 60 Filed 08/17/20 Page 2 of 2

IT IS FURTHER ORDERED that, upon consideration of Cindy Fryer’s July 30, 2020
request for a discovery extension, that the Amended Scheduling Order (ECF Nos. 52 and 54)
shall be amended as follows:
1. Fact discovery shall be completed by Wednesday, September 16, 2020;
2. Motions for Summary Judgment shall be submitted to the Court by Friday, October 30,
2020;
3. The trial pool date is set for Monday, January 11, 2021.

BY THE COURT:
/s/ Petrese B. Tucker
______________________________
Hon. Petrese B. Tucker, U.S.D.J

2