In re HIV Antitrust Litigation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 STALEY, et al., Case No. 19-cv-02573-EMC

Plaintiffs,

ORDER DENYING DEFENDANTS’

v. MOTION TO VACATE AETNA’S

VOLUNTARY DISMISSAL

GILEAD SCIENCES, INC., et al., Docket No. 863 Defendants.

AETNA INC., RELATED TO

Plaintiff, Case No. 21-cv-09827-EMC v.

GILEAD SCIENCES, INC., et al., Docket No. 19 Defendants.

17 The pending motion concerns Aetna v. Gilead, No. C-21-9827 EMC, which is one of the cases related to the main Staley action. This case shall hereinafter be referred to as Aetna I. Aetna filed Aetna I in state court, but Gilead removed the case to federal court. Aetna then moved to remand. The same day that Gilead’s opposition to the remand motion was due, Aetna filed a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41. Now pending before the Court is Gilead’s motion to vacate the voluntary dismissal. Having…