United States of America v. McKesson Corporation

Opinion

USDC-SDNY DOCUMENT ELECTRONICALLY FILED UNITED STATES DISTRICT COURT DOC#: SOUTHERN DISTRICT OF NEW YORK DATE FILED: 04/17/2023

UNITED STATES OF AMERICA et al., ex rel. ADAM HART, Plaintiff, 15-CV-0903 (RA) Vv. ORDER MCKESSON CORPORATION, et al., Defendants.

RONNIE ABRAMS, United States District Judge: Following Relator Adam Hart’s filing of the Second Amended Complaint in this action, Defendant McKesson once again moved to dismiss. See Dkt. 171. On March 28, 2023, the Court entered an opinion and order granting that motion without prejudice to Hart’s further amendment of the Complaint. See Dkt. 190. Hart has since filed a notice of intent not to file a Third Amended Complaint, see Dkt. 193, and instead seeks to render the Court’s “non-final order ‘final’ and appealable by disclaiming any intent to amend.” Slayton v. Am. Exp. Co., 460 F.3d 215, 224 (2d Cir. 2006), as amended (Oct. 3, 2006). Accordingly, final judgment is hereby entered for Defendants, and the Clerk of Court is respectfully directed to close this action. See Fed. R. Civ. P. 58(a) (providing that a final judgment be set out in a “separate document”). SO ORDERED. Dated: April 17, 2023 Uf New York, New York KA _ Hon. Ronnie Abrams United States District Judge