Citation Codes Equivalent Citations citation codes Docket Number CIVIL NO. 10-430. Motions Motion to compel : Denied Acts Judiciary And Judicial Procedure — District Courts; Jurisdiction — Jurisdiction And Venue — Supplemental Jurisdiction See more information ... Smart Summary Please sign up to generate summary. SIGMAPHARM, INC., Plaintiff, v. MUTUAL PHARMACEUTICAL COMPANY, INC., et al., Defendants. ORDER CYNTHIA RUFE, District Judge AND NOW, this 2nd day of March 2011, upon consideration of a Motion to Dismiss Counts I through III by Defendant King Pharmaceuticals, Inc. [doc. no. 40] and a Motion to Dismiss all Counts by Defendants Mutual Pharmaceuticals Company, Inc. and United Research Laboratories, Inc.[doc. no. 41]; Plaintiff's Responses in Opposition thereto [doc. nos. 42 43]; and Defendants Replies in Support [doc. nos. 49 51]; and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that: 1. Count I is DISMISSED without prejudice for failure to state a claim pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure; and 2. The remaining claims, Counts II, III and IV, are DISMISSED without prejudice pursuant to 28 U.S.C. § 1367(c)(3). 3. Defendants' Motion to Stay Discovery [doc. no. 44] and Plaintiff's Motion to Compel Discovery [doc. no. 57] are DISMISSED as moot. It is so ORDERED.