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

I. INTRODUCTION AND BACKGROUND

On September 6, 2019, plaintiff Hope Medical Enterprises, Inc., d/b/a Hope Pharmaceuticals (“Hope”) filed suit in this Court against defendants Fagron Compounding Services, LLC, JCB Laboratories, LLC, AnazaoHealth Corporation, and Coast Quality Pharmacy, LLC (collectively, “defendants”). Dkt. 1 (“Compl.”). The gravamen of Hope’s claims is that defendants’ drug compounding practices constitute unfair competition in violation of several states’ consumer protection laws. Hope filed the operative first amended complaint on November 12, 2019. Dkt. 47 (“FAC”). Hope has since filed a proposed final pretrial conference order. Dkt. 345-1 (“Pretrial Conference Ord.”). The Pretrial Conference Order states that Hope alleges claims for: (1) violation of California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200, et seg. (“UCL”); (2) violation of Florida’s Deceptive and Unfair Trade Practices Act, Fla. Stat. Ann. § 501.201, et seg. (“FDUTPA”): (3) violation of Tennessee’s Consumer Protection Act, Tenn. Code Ann. § 47-18-104 (“TCPA”); (4) violation of South Carolina’s Unfair Trade Practices Act, …