Raymond J Collette v. Wyeth Pharmaceuticals, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 RAYMOND J COLLETTE, Case No. 16-cv-01034-JD

Plaintiff,

ORDER RE MOTIONS TO DISMISS

v. 9 Re: Dkt. Nos. 95, 96 WYETH PHARMACEUTICALS, INC., et al., 11 Defendants.

12 The pending motions to dismiss go to the third amended complaint, Dkt. No. 94 (“TAC”), which is plaintiff Collette’s fourth attempt to state a plausible complaint. Collette compounded the burden on defendants and the Court by making amendments that violated the prior dismissal order. The TAC again falls below the plausibility required by Rule 8 of the Federal Rules of Civil Procedure. Defendants’ motions to dismiss the TAC, Dkt. Nos. 95, 96, are granted, this time with prejudice in light of Collette’s many opportunities to plead an actionable claim. DISCUSSION I. OFF-LABEL MARKETING: SECOND, THIRD AND FOURTH CLAIMS The parties’ familiarity with the record is assumed, and the background and discussion in the prior motion to dismiss orders will not be repeated here. Dkt.…