THERAPEUTIC RESEARCH FACULTY v. NBTY, INC.

No. 2:05-cv-2322-GEB-DAD.

488 F.Supp.2d 991 (2007)

THERAPEUTIC RESEARCH FACULTY, Plaintiff, v. NBTY, INC., Rexall Sundown, Inc., and Le Naturiste J.M.B. Inc., Defendants.

United States District Court, E.D. California.

January 25, 2007.


Attorney(s) appearing for the Case

Adam J. Rappaport, Celeste Phillips, Chad Bowman, Seth D. Berlin, Levine, Sullivan, Koch and Schulz LLP, Washington, DC, for Plaintiff.

John T. Williams, Lord, Bissell & Brook, LLP, Chicago, IL, Donald E. Chomiak, Gabriel G. Green, Lord Bissell and Brook LLP, Los Angeles, CA, for Defendants.


ORDER*

BURRELL, District Judge.

Defendants NBTY, Inc. ("NBTY") and Rexall Sundown, Inc. ("Rexall Sundown") (collectively "Defendants") move to dismiss eight of the thirteen claims alleged in Plaintiffs Second Amended Complaint ("Complaint") under Federal Rule of Civil Procedure 12(b)(6).1 Plaintiff opposes the motion. For the following reasons, Defendants' motion is denied.

BACKGROUND...

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