Section 221 - Consolidations and mergers of telephone companies

1 Citing brief

  1. Family Medicine Pharmacy, Llc v. Impax Laboratories, Inc.

    MOTION for Order/Judgment Motion to Enjoin Copycat Class Action

    Filed May 11, 2017

    MOTION TO ENJOIN COPYCAT CLASS ACTION COMES NOW, the Plaintiff Family Medicine Pharmacy, LLC, (hereinafter “Plaintiff” or “FMP”) and hereby requests that this Honorable Court enter its Order Staying the second filed, copycat putative class action pending in the U.S. District Court for New Jersey styled as Medicine To Go Pharmacies, Inc. v. Impax Laboratories, Inc, Case no. 3:17-cv-00986-FLW- DEA. In support thereof, Plaintiff states, as follows: I.   RELEVANT FACTS On January 30, 2017, Plaintiff filed its class action complaint (Doc.1), alleging violations of the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 221, as amended by the Junk Fax Prevention Act of 2005 (hereinafter "the TCPA") concerning Defendant Impax Laboratories, Inc.’s (hereinafter “Defendant” or “Impax”) fax blasting of an advertisement for Defendant’s epinephrine auto-injector. On February 14, 2017, Medicine To Go Pharmacies, Inc. (hereinafter “Medicine To Go”), filed their copycat class action complaint against the Defendant in the United States District Court for the District of New Jersey, Case no. 3:17-cv-00986-FLW-DEA, concerning the same violations of the TCPA related to Defendant’s fax advertisement for its epinephrine auto- injector. The February 14, 2017 complaint filed by Medicine To Go is attached hereto and incorporated herein as Exhibit 1.