`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF NEW JERSEY
`
`
`
`HONORABLE JEROME B. SIMANDLE
`
`
`
`Civil Action
`No. 14-4964 (JBS/KMW)
`
`
`
`ORDER
`
`
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`
`
`
`SENJU PHARMACEUTICAL CO., LTD.,
`BAUSCH & LOMB, INC., and
`BAUSCH & LOMB PHARMA HOLDINGS
`CORP.,
`
`v.
`
`METRICS, INC., COASTAL
`PHARMACEUTICALS, INC.,
`MAYNE PHARMA GROUP LIMITED, and
`MAYNE PHARMA (USA), INC.
`
`
`Defendants.
`
`
`
`
`
`
`
`
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`
`
`Plaintiffs,
`
`
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`
`
`Plaintiffs Senju Pharmaceutical Co., Ltd. et al. and
`
`Defendants Metrics, Inc., et al. have filed a Corrected Joint
`Motion to Dismiss [Docket Item 20] all claims against Coastal
`Pharmaceuticals, Inc. (“Coastal”) without prejudice and to
`terminate Coastal from the action because it is a DBA name of
`Metrics, Inc. The parties have agreed that Coastal would be
`subject to any judgment or order by this Court against Metrics,
`Inc. and would provide discovery as if it were a named
`defendant. The parties have also filed a Corrected Joint Motion
`to Stay Proceedings [Docket Item 19] pending the outcome of
`Defendants’ motion to dismiss in an earlier-filed case before
`this Court, Senju Pharmaceutical Co., Ltd. v. Metrics, Inc., 14-
`cv-3962 (JBS-KMW), involving the same parties and the same
`
`
`
`
`
`Case 1:14-cv-04964-JBS-KMW Document 21 Filed 12/30/14 Page 2 of 2 PageID: 142
`
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`patents, in the interest of judicial efficiency. Plaintiffs and
`Defendants propose to file a joint status report with the Court
`within fourteen days after the Court resolves the motion to
`dismiss in that case.
`THEREFORE, IT IS this 30th day of December , 2014,
`hereby
`ORDERED that that all claims against Coastal
`Pharmaceuticals, Inc., be DISMISSED without prejudice, with the
`understanding that any judgment or order against Metrics, Inc.
`in this action would be equally binding as to Coastal
`Pharmaceuticals, Inc., and that Coastal shall provide discovery
`as if it were a named defendant; and it is further
`ORDERED that Coastal Pharmaceuticals, Inc. shall be
`terminated from this action; and it is further
`ORDERED that the above-captioned case be STAYED pending the
`outcome of Defendant Metrics, Inc., et al.’s motion to dismiss
`in the related action, Senju Pharmaceutical Co., Ltd. et al. v.
`Metrics, Inc. et al., 14-cv-3962; and it is further
`ORDERED that within fourteen days of any decision in that
`case, Plaintiffs and Defendants shall submit a joint status
`report in this action.
`
`
`
`
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`
`
`
`
`
`
` s/ Jerome B. Simandle
`JEROME B. SIMANDLE
`Chief U.S. District Judge
`
`
`
`2
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