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14-825 - CESTRA v. MYLAN, INC.


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14-825 - CESTRA v. MYLAN, INC.
April 6, 2015
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REPORT AND RECOMMENDATION re 16 MOTION to Dismiss the Amended Complaint, or in the alternative, MOTION to Strike Allegations from the Amended Complaint filed by MYLAN PHARMACEUTICALS, INC., MYLAN, INC. It is respectfully recommended that the motion be denied. Objections to this R&R are due by 4/20/2015. Signed by Magistrate Judge Cynthia Reed Eddy on 4/6/2015. (bap)
May 22, 2015
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MEMORANDUM OPINION. Signed by Chief Judge Joy Flowers Conti on 5/22/2015. (smc )
May 22, 2015
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s alternative motion for certification pursuant to 28 U.S.C. § 1292(b) is GRANTED, as the court concludes that an immediate appeal of this Order would materially advance the end of this litigation because a controlling question of law about which there are substantial grounds for difference of opinion is involved. Therefore, it is ORDERED that permission to appeal this order is granted with respect to the following question of law as stated in the order. It is further ORDERED that any party wishing to immediately appeal this order to the United States Court of Appeals for the Third Circuit shall file a petition for permission to appeal within 10 days of this order, as prescribed by 28 U.S.C. § 1292(b) and Rule 5 of the Federal Rules of Appellate Procedure. Signed by Chief Judge Joy Flowers Conti on 5/22/2015. (smc )ORDER for the reasons set forth in the accompanying memorandum opinion, defendant's motion to dismiss the amended complaint (ECF No. 16) is DENIED, defendant's alternative motion to strike allegations in the amended complaint (ECF No. 16) is DENIED, and the objections to the report and recommendation (ECF No. 28) are OVERRULED. It is further ORDERED that the report and recommendation (ECF No. 27) is ADOPTED as the opinion of the court. It is further ORDERED that defendant'
January 27, 2016
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MEMORANDUM ORDER granting 75 Plaintiff's Motion for Leave to File Second Amended Complaint; granting 77 Plaintiff's Motion for Extension of Time to Complete Discovery; and granting 80 Defendants' Motion for leave to Amend their Answer. Plaintiff shall file the second amended complaint forthwith, and Defendants shall file their answer within fourteen days thereafter. The discovery deadline is extended until 4/11/2016. The Post-Discovery Status Conference scheduled for 2/17/2016 is rescheduled to occur on 4/19/2016 at 02:00 PM in Room 10160 before Magistrate Judge Cynthia Reed Eddy. The parties are directed to submit updated confidential position letters, limited to 3 pages, on or before 4/14/2016. Signed by Magistrate Judge Cynthia Reed Eddy on 1/27/2016. (bap)