United States District Court, D. Maryland
MEMORANDUM AND ORDER RE: ENTRY OF PARTIAL FINAL
JUDGMENT AND INJUNCTION PENDING APPEAL
J. GARBIS UNITED STATES DISTRICT JUDGE
Court has before it Plaintiff's Motion for Entry of
Partial Final Judgment and for An Injunction Pending Appeal
[ECF No. 46].
Court finds that a hearing is not necessary.
have asserted claims for declaratory and injunctive relief
challenging as unconstitutional Maryland's House Bill 631
(“HB 631”), which prohibits manufacturers and
wholesale distributors from engaging in price-gouging in the
sale of essential off-patent or generic drugs that are made
available for sale in Maryland.
claims asserted are that:
1. The legislation violates the dormant Commerce Clause.
2. The legislation is unconstitutionally vague and therefore
violates the Due Process Clause.
3. The Court should issue a preliminary injunction and
permanent injunction preventing enforcement of the
filed a Motion to Dismiss [ECF No. 29] and Plaintiff filed a
Motion for Preliminary Injunction [ECF No. 9]. In the
Memorandum and Order Re: Motion to Dismiss and Preliminary
Injunction [ECF No. 43], the Court granted Defendants'
Motion to Dismiss as to the dormant Commerce Clause challenge
but denied the motion as to the Due Process challenge. The
Court also denied Plaintiff's request for a preliminary
now requests an entry of a partial final judgment as to the
dormant Commerce Clause cause of action and an injunction
pending appeal. Defendants do not oppose the entry of the
partial final judgment, but do oppose the injunction pending
PARTIAL FINAL JUDGMENT UNDER RULE 54(b)
54(b) of the Federal Rules of Civil Procedure provides in
When an action presents more than one claim for relief . . .
the court may direct entry of a final judgment as to one or
more, but fewer than all, claims . . . only if the court