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

Filing 220

ORDER ADOPTING REPORT AND RECOMMENDATION for 197 Report and Recommendation, OVERRULING 218 Plaintiff's Objections; and DENYING 146 SEALED MOTION to Dismiss Action Against Teva Pharmaceuticals USA, Inc. for Lack of Subject-Matter Jurisdiction filed by Qualicaps Co., Ltd., Warner Chilcott Company, LLC. Signed by Judge Rodney Gilstrap on 8/10/2017. (slo, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION ALLERGAN SALES, LLC, AND QUALICAPS CO., LTD., Plaintiffs, v. TEVA PHARMACEUTICALS USA, INC., Defendant. § § § § § § § § § § Case No. 2:15-CV-01471-JRG-RSP (Lead) ORDER Plaintiffs object to Magistrate Judge Payne’s recommendation that Plaintiffs’ motion to dismiss Teva Pharmaceuticals USA, Inc. (“Teva”) for lack of subject matter jurisdiction be denied. Dkt. 218. Having reviewed Plaintiffs’ objections, and having considered Judge Payne’s Report and Recommendation de novo, the Court finds no reason to reject or modify the recommended disposition. See Fed. R. Civ. P. 72(b)(3); 28 U.S.C. § 636(b)(1)(C). Accordingly, it is ORDERED: (1) Plaintiffs’ objections, Dkt. 218, are OVERRULED. (2) Magistrate Judge Payne’s Report and Recommendation, Dkt. 197, is ADOPTED. (3) Plaintiffs’ motion to dismiss Teva for lack of subject matter jurisdiction, Dkt. 146, is DENIED. So Ordered this Aug 10, 2017 1

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