MCDERMID v. INOVIO PHARMACEUTICALS, INC. et al

Filing 86

ORDER THAT DEFENDANTS MOTION TO DISMISS, (ECF NO. 72 ) IS GRANTED IN PART AND DENIED IN PART. SPECIFICALLY: 1. THE COURT DISMISSES WITH PREJUDICE THOSE CLAIMS IN COUNTS I AND II BASED UPON THE DEFENDANTS APRIL 30 AND JUNE 30, 2020 PRESS RELEASES; AN D 2. THE COURT DENIES DEFENDANTS MOTION TO DISMISS COUNTS I AND II AS TO ALL OTHER STATEMENTS. IT IS FURTHER ORDERED THAT, UPON CONSIDERATION OF DEFENDANTS REQUEST FOR JUDICIAL NOTICE, (ECF NO. 73 ), PLAINTIFFS RESPONSE, (ECF NO. 81 ), AND DEFENDAN TS REPLY, (ECF NO. 84 ), THE MOTION IS GRANTED IN PART AND DENIED IN PART. THE COURT GRANTS THE MOTION AS TO EXHIBITS AL, NO AND UV AND DENIES THE MOTION AS TO EXHIBITS M AND PT.. SIGNED BY HONORABLE GERALD J. PAPPERT ON 2/16/21. 2/16/21 ENTERED AND COPIES E-MAILED. ATTY ABRAMOWITZ NOT MAILED. (va, )

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Case 2:20-cv-01402-GJP Document 86 Filed 02/16/21 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA PATRICK MCDERMID, individually and on behalf of all others similarly situated, Plaintiff, CIVIL ACTION NO. 20-01402 v. INOVIO PHARMACEUTICALS, INC., et al., Defendants. ORDER AND NOW, this 16th day of February 2021, upon consideration of Defendants’ Motion to Dismiss, (ECF No. 72), Plaintiffs’ Response, (ECF No. 80), and Defendants’ Reply, (ECF No. 83), it is ORDERED that Defendants’ Motion is GRANTED in part and DENIED in part. Specifically: 1. The Court DISMISSES with prejudice those claims in Counts I and II based upon the Defendants’ April 30 and June 30, 2020 press releases; and 2. The Court DENIES Defendants’ Motion to Dismiss Counts I and II as to all other statements. It is further ORDERED that, upon consideration of Defendants’ Request for Judicial Notice, (ECF No. 73), Plaintiffs’ Response, (ECF No. 81), and Defendants’ Reply, (ECF No. 84), the Motion is GRANTED in part and DENIED in part. The Court GRANTS the Motion as to Exhibits A–L, N–O and U–V and DENIES the Motion as to Exhibits M and P–T. 1 Case 2:20-cv-01402-GJP Document 86 Filed 02/16/21 Page 2 of 2 BY THE COURT: /s/ Gerald J. Pappert ________________________ GERALD J. PAPPERT, J. 2

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