SIGMAPHARM, INC. v. MUTUAL PHARMACEUTICAL COMPANY, INC. (E.D.Pa. 3-2-2011)

AND NOW, this 2^nd 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.