Hope Medical Enterprises, Inc. v. Fagron Compounding Services, LLC

I. INTRODUCTION

Plaintiff Hope Medical Enterprises, Inc. (“Hope”) filed this action against defendants Fagron Compounding Services, LLC (“Fagron”), JCB Laboratories, LLC (“JCB”), AnazaoHealth Corporation (“AnazaoHealth’”), and Coast Quality Pharmacy, LLC (“Coast”) (collectively, “defendants”) on September 6, 2019. Dkt. 1. The gravamen of Hope’s claims is that defendants’ drug compounding practices constitute unfair competition in violation of several states’ consumer protection laws. On September 27, 2019, Hope filed a motion for a preliminary injunction. Dkt. 22. Hope subsequently filed a superseding amended motion for a preliminary injunction on October 21, 2019. Dkt. 38. On November 4, 2019, the parties filed a joint stipulation allowing Hope to withdraw its pending preliminary injunction motion. Dkt. 42. The Court entered the parties’ joint stipulation on November 2019, allowing Hope to withdraw its pending preliminary injunction motion without prejudice and granting Hope leave to file a first amended complaint. Dkt. 46. Hope thereafter filed the operative first amended complaint on November 12, 2019. Dkt. (“FAC”). The FAC …