Nathan v. Takeda Pharmaceuticals North America, Inc.

Filing 112

ORDER entered re: 76 Takeda Pharmaceuticals North America, Inc.'sand Takeda Pharmaceuticals America, Inc.'s (collectively, "Takeda's") Motion to Dismiss Relator's Third Amended Complaint:Upon consideration of the M otion, the memoranda and exhibits in support thereof and in opposition thereto, and the arguments of counsel at a hearing on July 8,2011, and for the reasons contained in the accompanying Memorandum Opinion, it is herebyORDERED that Takeda's Motion to Dismiss Relator's Third Amended Complaint [Doc. No. 76 ] be, and the same hereby is, GRANTED; and it is furtherORDERED that Counts I and II of Relator's Third Amended Complaint [Doc. No. 73 ] be, and the same hereby a re, DISMISSED without leave to amend; and it is furtherORDERED that the remainder of Relator's Third Amended Complaint be, and the same hereby is DISMISSED without prejudice.The Clerk is directed to enter judgment in favor of defe ndants Takeda Pharmaceuticals North America, Inc. and Takeda Pharmaceuticals America, Inc. as to Counts I and II of Relator's Third Amended Complaint pursuant to Fed. R. Civ. P. 58, and to forward copies of this Order to all counsel of record.Signed by District Judge Anthony J Trenga on 09/06/2011. (kbro)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

UNITED STATES OF AMERICA ex rel.

NOAH NATHAN, etai,

Case No. l:09-cv-1086 (AJT)

Plaintiffs/Relator,

TAKEDA PHARMACEUTICALS

NORTH AMERICA, INC., et al,
Defendants.

ORDER

This matter is before the Court on Takeda Pharmaceuticals North America, Inc.'s

and Takeda Pharmaceuticals America, Inc.'s (collectively, "Takeda's") Motion to Dismiss

Relator's Third Amended Complaint [Doc. No. 76] (the "Motion"). Upon consideration of

the Motion, the memoranda and exhibits in support thereof and in opposition thereto, and
the arguments of counsel at a hearing on July 8,2011, and for the reasons contained in the
accompanying Memorandum Opinion, it is hereby

ORDERED that Takeda's Motion to Dismiss Relator's Third Amended Complaint
[Doc. No. 76] be, and the same hereby is, GRANTED; and it is further

ORDERED that Counts I and II of Relator's Third Amended Complaint [Doc. No.
73] be, and the same hereby are, DISMISSED without leave to amend; and it is further

ORDERED that the remainder of Relator's Third Amended Complaint be, and the
same hereby is DISMISSED without prejudice.
The Clerk is directed to enter judgment in favor of defendants Takeda
Pharmaceuticals North America, Inc. and Takeda Pharmaceuticals America, Inc. as to

Counts I and II of Relator's Third Amended Complaint pursuant to Fed. R. Civ. P. 58, and

to forward copies of this Order toall counsel ofj
Anthony J.Trenga
United States District Judge
Alexandria, Virginia
September 6,2011