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15-13405 - Minnesota Laborers Health and Welfare Fund v. Allergan, PLC et al


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15-13405 - Minnesota Laborers Health and Welfare Fund v. Allergan, PLC et al
July 20, 2016
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Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - Zydus's motion to dismiss Count II, D. 46, is ALLOWED, and Warner Chilcott's motion is ALLOWED IN PART and DENIED IN PART in that:All Count II claims are dismissed;Monopolization claims (Count I) under Arizona, Nevada and Utah law are dismissed without prejudice in case Plaintiffs can comply or specifically plead how they complied with each state's notice requirements;Claims under Missouri, Massachusetts and Vermont law asserted by the Health Fund Plaintiffs are dismissed;Claims under Hawaii law asserted by the Health Fund Plaintiffs are dismissed, but the Hawaii monopolization claim (Count I) brought by Mark Adorney is dismissed without prejudice in case he can comply or specifically plead how he complied with the notice requirements; andThe motions to dismiss are DENIED in all other respects.As explained in footnote 2, the Court DENIES Plaintiffs' motion to strike, D. 56; andPlaintiffs' motions to seal their opposition to Zydus's motion to dismiss, D. 55, and for leave to file a reply memorandum in support of their motion to strike, D. 74, are ALLOWED nunc pro tunc.Associated Cases: 1:15-cv-12730-DJC et al.(Hourihan, Lisa)