Plaintiff's Essential Facilities Claims Plaintiff alleges that the Manufacturing Defendants control pharmaceuticals that are essential for Plaintiff to compete in each of the relevant markets. These allegations are nothing more than legal conclusions of agreement and conspiracy. See supra at pages Holmes, U. The Alleged Anti-Competitive Effects Plaintiff describes the alleged anti-competitive effects of the foregoing as follows:  Collectively, the Defendants have sought to prevent, and have succeeded in preventing, Plaintiff from acquiring widely-used pharmaceutical products on competitive terms for resale, failed to permit Plaintiff to acquire products in sufficient quantity, failed to provide pedigree information lawfully necessary for Plaintiff to resell pharmaceutical goods, and ultimately refused to provide any product to Plaintiff at all, all of which made it impossible for Plaintiff to adequately compete or exist in the relevant market. Instead, reference is made to docket no. See Pacific Bell Tel. Seldin, Esq. Although Plaintiff conclusorily states in its brief that "there was no legitimate reason for refusing to [sell to Plaintiff] other than to quell competition" Pl.
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Plaintiff purchased pharmaceutical products from Cardinal beginning in November and then periodically thereafter through December ORDERED, that the defendants shall serve an answer to the amended complaint within 20 days from the date of said service.
Which is to say, not only does Plaintiff's new theory fail to allege parallel conduct between the PWDs who were supplying Plaintiff and the Manufacturing Defendants who never sold to Plaintiffit is wholly implausible. Beverage Corp. Grinnell Corp. We rely on donations for our financial security.
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Leitzes has worked on and. FREE Background Report & Reputation Score () for Nicholas Leitzes in Milton, MA - View Company: Office of Corporation Counsel, City of New York. Nicholas Leitzes., 49 Milton, Company: Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates Company: Office of Corporation Counsel, City of New York.
The motions are consolidated for determination.
For the reasons set forth below, the Court agrees. Paragraph alleges as follows:. ORDERED, that the defendants shall serve an answer to the amended complaint within 20 days from the date of said service. See, e. In fact, far from being plausible, this unpleaded theory of an industry-wide conspiracy against Plaintiff is inconsistent with the allegations in the Complaint which allege that the PWDs sold pharmaceuticals to Plaintiff from to