CITY OF RIVIERA BEACH GENERAL EMPLOYEES RETIREMENT SYSTEM et al v. MYLAN N.V. et al

Filing 78

MEMORANDUM ORDER. It is ORDERED that Plaintiff's 42 Motion for Partial Summary Judgment is DENIED AS MOOT; It is further ORDERED that Defendant Mylan N.V.'s 56 Motion to Deny Summary Judgment is DENIED AS MOOT; It is further ORDERED that Magistrate Judge Eddy's 75 Report and Recommendation is adopted as the Opinion of the Court. It is further ORDERED that the Clerk of Court shall mark this CASE CLOSED. Signed by Judge Mark R. Hornak on 8/12/16. (bdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CITY OF RIVIERA BEACH GENERAL
EMPLOYEES RETIREMENT SYSTEM,
DORIS ARNOLD, ROOFERS LOCAL
149 PENSION FUND, MARSHA
BLAKE, and B.W. LEWIS on behalf of
themselves and all others similarly
situated,
Plaintiffs,
V.

MYLAN N.V., HEATHER BRESCH and
ROBERT J. COURY,
Defendants.

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Civil Action No. 2: 15-cv-821

United States District Judge
Mark R. Hornak
United States Magistrate Judge
Cynthia Reed Eddy

MEMORANDUM ORDER
Mark R. Hornak, United States District Judge
On June 22, 2015, the above captioned case was filed in this Court and was referred to a
Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28
U.S.C. § 636(b)(l), and Rules 72.C and 72.D of the Local Rules of Court for Magistrate Judges.
Thereafter, the actions at 2: 15-cv-941 and 2: 15-cv-1539 were consolidated into this action.
(ECF Nos. 38, 61).
On May 10, 2016, United States Magistrate Judge Cynthia Reed Eddy issued a Report
and Recommendation (ECF No. 75) in which she recommended that Defendants' Motion to
Dismiss the Consolidated Amended Class Action Complaint for failure to state a claim pursuant
to Rule 12(b)(6) of the Federal Rules of Procedure (ECF No. 54) be granted; that the
Consolidated Amended Class Action Complaint (ECF No. 39) be dismissed with prejudice; and
that the remaining two pending motions - Plaintiffs' Motion for Partial Summary Judgment

(ECF No. 42) and Defendant Mylan N.V.'s Motion to Deny Summary Judgment (ECF No. 55
errata 56) - be denied as moot.

Plaintiffs filed timely Objections to the Report and

Recommendation (ECF No.76), and Defendants have filed timely Responses to such Objections,
(ECF No. 77).
After a de novo review of the pleadings and documents in this case, together with the
Report and Recommendation and Objections/ Responses thereto, the following Order is entered:

AND NOW, this

l~

of August, 2016, IT IS HEREBY ORDERED that

Defendants' Motion to Dismiss the Complaint (ECF No. 54) IS GRANTED and the
Consolidated Amended Class Action Complaint (ECF No. 39) Is DISMISSED WITH

PREJUDICE.
IT IS FURTHER ORDERED that Plaintiffs Motion for Partial Summary Judgment
(ECF No. 42) is DENIED AS MOOT.

IT IS FURTHER ORDERED that Defendant Mylan N.V.'s Motion to Deny Summary
Judgment (ECF No. 55 errata 56) is DENIED AS MOOT.

IT IS FURTHER ORDERED that the Report and Recommendation is adopted as the
Opinion of the Court.

IT IS FURTHER ORDERED that the Clerk of Court shall mark this CASE CLOSED.

Mark R. Hornak
United States District Judge
cc: all ECF registered counsel