Warner Chilcott (US), LLC et al v. Teva Pharmaceuticals USA, Inc. et al

Filing 125

ORDER ADOPTING REPORT AND RECOMMENDATIONS denying 96 Motion to Dismiss, filed by Mylan Laboratories Limited, Mylan Inc., Mylan Pharmaceuticals, Inc., 121 Report and Recommendations,. Signed by Judge Rodney Gilstrap on 2/14/17. (slo, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
WARNER CHILCOTT COMPANY, LLC,
QUALICAPS CO., LTD.,

Plaintiffs,
v.
MYLAN PHARMACEUTICALS, INC.,
MYLAN LABORATORIES LIMITED,
MYLAN, INC.,

Defendants.

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Case No. 2:15-CV-01471-JRG-RSP
(Lead Case)
Case No. 2:15-CV-01740-JRG-RSP
(Member Case)

ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. NO. 121)

. Magistrate Judge Payne issued a Report and Recommendation, which recommended
denying Mylan’s motion to dismiss for failure to state a claim, lack of personal jurisdiction, and
improper venue. See Dkt. No. 121. Given that the Report and Recommendation was filed on
January 19, 2017, the parties had until February 2, 2017, to file any objections. Neither party filed
an objection, and the time to do so has now passed. See Fed. R. Civ. P. 72(b)(2). Accordingly, the
Report and Recommendation is adopted. Mylan’s motion to dismiss, Dkt. No. 96, is DENIED.

SIGNED this 19th day of December, 2011.
So ORDERED and SIGNED this 13th day of February, 2017.

____________________________________
RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE