SHEET METAL WORKERS LOCAL 441 HEALTH v. GLAXOSMITHKLINE

LAWRENCE STENGEL, Judge

AND NOW, this 2nd day of November, 2009, upon careful consideration of the defendants' motion for judgment on the pleadings (Document #221) and the plaintiffs' response thereto, IT IS HEREBY ORDERED that:

1. The defendants' motion for judgment on the pleadings is GRANTED with respect to all antitrust and consumer protection claims in Counts I and II of the Amended Consolidated Complaint. These claims are dismissed without prejudice.

2. The defendants' motion for judgment on the pleadings is DENIED with respect to the unjust enrichment claims arising under Alabama and Illinois law; it is GRANTED with respect to all other unjust enrichment claims in Count III of the Amended Consolidated Complaint, and these claims are dismissed without prejudice.

3. Plaintiff Sidney Hillman is dismissed from this action.

4. Plaintiffs are granted 30 days leave to amend their complaint to enumerate the states into which reimbursements were sent during the relevant period.