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S.D.N.Y.Procedural orderFiled Apr. 17, 2023

United States of America v. McKesson Corporation

Judge
Ronnie Abrams
Docket
1:15-cv-00903
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedureMotion to Dismiss
In one sentence

In Adam Hart v. McKesson Corporation, Judge Abrams entered final judgment for defendants after Hart declined to amend.

Who this affects

Adam Hart and the United States, as plaintiffs, and McKesson Corporation and the other defendants. The action was closed and final judgment was entered for the defendants.

What happened

Adam Hart, acting for the United States, sued McKesson Corporation and other defendants. After Hart filed a second amended complaint, McKesson moved to dismiss it.

The court had granted McKesson’s motion without prejudice to Hart filing another amendment. Hart then notified the court that he would not file a third amended complaint and asked the court to make its earlier non-final order final and appealable.

Judge Ronnie Abrams entered final judgment for the defendants and directed the Clerk of Court to close the action. This order does not explain the reasoning of the earlier order granting McKesson’s motion.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
United States of America v. McKesson Corporation · No. 1:15-cv-00903
Judge
Ronnie Abrams
Date
Apr. 17, 2023

Background

Relator Adam Hart filed a second amended complaint in an action brought by the United States and Hart against McKesson Corporation and other defendants. McKesson moved to dismiss that complaint.

On March 28, 2023, the Court entered an opinion and order granting McKesson’s motion without prejudice to Hart’s further amendment of the complaint. Hart later filed a notice stating that he did not intend to file a third amended complaint. He instead sought to make the Court’s earlier non-final order final and appealable by disclaiming any intent to amend.

Ruling

The Court entered final judgment for the defendants and directed the Clerk of Court to close the action. The order cites the federal rule requiring final judgment to be set out in a separate document. This order does not describe the reasoning or merits analysis of the March 28 order.

Classification

This is a procedural order because it makes the earlier ruling final after Hart declined to amend and closes the action; the present order does not decide the underlying legal questions.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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