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14-8857 - Medical Mutual of Ohio v. AbbVie Inc. et al

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14-8857 - Medical Mutual of Ohio v. AbbVie Inc. et al
February 5, 2016
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MEMORANDUM Opinion and Order (Corrected): The Court directs the Clerk to strike docket entry 138. The Court is issuing a corrected Memorandum Opinion and Order to correct scrivener's errors on pages 17, 21, 26, 28, 40, 41, 44, and 50 of docket entry 138. In particular, the material deleted from page 50 does not and did not represent the views of the Court. For the reasons discussed in the accompanying corrected Memorandum Opinion and Order, the Court grants defendants' motion to dismiss in part and denies it in part. The Court dismisses all claims against Solvay S.A. and Solvay America, Inc. for lack of personal jurisdiction. As for the remaining defendants, the Court declines to dismiss plaintiff's claims under 18 U.S.C. § 1962(d) (counts twenty-one through twenty-five) and its claims for negligent misrepresentation. The Court dismisses the remaining claims against all remaining defendants except for Oscient, Besins Inc., and Besins Healthcare, S.A., which have not filed motions to dismiss. Because these defects are the type that may be cured by amendment, the dismissal of these claims is with leave to amend, on or before March 3, 2016. Signed by the Honorable Matthew F. Kennelly on 2/5/2016: Mailed notice (am)
August 2, 2016
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MEMORANDUM OPINION AND ORDER signed by the Honorable Matthew F. Kennelly on 8/2/2016: For the reasons stated in the accompanying Memorandum Opinion and Order, the Court dismisses Medical Mutual's claims in its third amended complaint against Actavis and GSK under 18 U.S.C. § 1962(c) (counts four, nine, fourteen, and nineteen), as well as the negligent misrepresentation claims asserted against Actavis and GSK in count twenty-six. The Court otherwise denies defendants' motion to dismiss. Defendants' motion for reconsideration has been taken into account in the Court's ruling and is therefore terminated as moot. Defendants are directed to answer the remaining claims by no later than August 31, 2016. The parties are directed to discuss and attempt to agree upon a discovery schedule and are to be prepared to discuss this at the upcoming August case management conference. (mk)
March 14, 2018
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/2018. (mk)MDL CASE MANAGEMENT ORDER NO. 104 (Memorandum Opinion and Order on defendants' motion for order that plaintiff may not claw back documents in Med. Mutual of Ohio v. AbbVie Inc., No. 14 C 8857), signed by the Honorable Matthew F. Kennelly on 3/14