The Hospital Authority of Metropolitan Government of Nashville and Davidson county, Tennessee v. Momenta Pharmaceuticals, Inc. et al

Filing 135

ORDER: Defendants' Motions for Leave to File a Reply (Doc. Nos. 12526) are hereby GRANTED. Based on the parties' briefing and a de novo review of the record, Sections I, II.A, II.B(2), II.B(3), and II.C of the Report and Recommendation o f the Magistrate Judge (Doc. No. 114) are hereby ADOPTED. Defendants' joint Motion to Transfer (Doc. No. 58) and Defendant Momenta Pharmaceuticals, Inc.'s Motion to Dismiss or Transfer for Improper Venue (Doc. No. 62) are DENIED. For the reasons set forth in the accompanying Memorandum Opinion, Defendants' joint Motion to Dismiss (Doc. No. 65) is GRANTED in part and DENIED in part. Plaintiff's claims for damages are DISMISSED. Plaintiff's claims for injunctive and declaratory relief remain pending. Signed by District Judge Waverly D. Crenshaw, Jr on 3/21/17. (am)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
THE HOSPITAL AUTHORITY OF
METROPOLITAN GOVERNMENT OF
NASHVILLE AND DAVIDSON
COUNTY, TENNESSEE, d/b/a/
NASHVILLE GENERAL HOSPITAL,

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Plaintiff,
v.
MOMENTA PHARAMCEUTICALS,
INC., and SANDOZ, INC.
Defendants.

NO. 3:15-cv-01100
JUDGE CRENSHAW

ORDER
Defendants’ Motions for Leave to File a Reply (Doc. Nos. 125–26) are hereby
GRANTED. Based on the parties’ briefing and a de novo review of the record, Sections I, II.A,
II.B(2), II.B(3), and II.C of the Report and Recommendation of the Magistrate Judge (Doc. No.
114) are hereby ADOPTED. Defendants’ joint Motion to Transfer (Doc. No. 58) and Defendant
Momenta Pharmaceuticals, Inc.’s Motion to Dismiss or Transfer for Improper Venue (Doc. No.
62) are DENIED. For the reasons set forth in the accompanying Memorandum Opinion,
Defendants’ joint Motion to Dismiss (Doc. No. 65) is GRANTED in part and DENIED in part.
Plaintiff’s claims for damages are DISMISSED. Plaintiff’s claims for injunctive and declaratory
relief remain pending.
IT IS SO ORDERED.

____________________________________
WAVERLY D. CRENSHAW, JR.
UNITED STATES DISTRICT JUDGE
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