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SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY : CIVIL TERM : PART 61 THE STATE OF NEW YORK, EX REL. ALLISON AND FRANK GARCIA Plaintiff - against - Ind. No. 100099/18 NOVARTIS PHARMACEUTICALS CORPORATION AND GENENTECH, INC., Defendants 60 Centre Street New York, New York October 1, 2018 x BEFORE HONORABLE BARRY R. OSTRAGER gustice APPEARANCES CORNELL DOLAN P.C Attorneys for Plaintiff One International Place, Suite 1400 Boston, MA 02110 BY: TIMOTHY CONNELL, ESQ. GLANCY PRONGAY & MURRAY, LLP Attorneys for Plaintiff 230 Park Avenue New York, NY 10169 BY: GARTH A, SPENCER, ESQ. ARNOLD & PORTER KAYE SCHOLER LLP Attorneys for Defendant 250 West ssth street New York, NY 10019 BY: MICHAEL A. ROGOFF, BSQ. KEKER VAN NEST & PETERS LLP Attorneys for Defendant 633 Battery Street San Francisco, CA 94111 BY: ELLIOT R. PETERS, ESQ. COVINGTON & BURLING LLP Attorneys for Defendant one CityCenter 850 Tenth Street NW Washington, DC 20001 Kathy ¥. Jones Official Court Reporter 10 a. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Proceedings THE COURT: All right, ‘This is defendant's motion to dismiss. I'11 hear defendants MR. PETER: Thank you, your Honor May it please the Court, my name is Elliot Peters. I represent General Tech, Inc. If it's agreeable to your Honor, I will address the failure to plead with particularity and my colleague Mike Rogoff will address the materiality issue THE COURT: Okay. MR. PETERS: Your Honor, we've been here before We were here about a year ago I'm not going to go back through the procedural history. I know you read the papers a year ago. I'm sure you're familiar with them today I'm going to jump right into what I think is the key issue here is that in connection with their opposition to our motion to dismiss, the plaintiffs adopted and filed with the Court the data that they got from New York State which demonstrates conclusively that most of their allegations relating to doctors in the complaint that they allege received some kind of wrongful inducement and then referred the patient to Medicaid without a factual basis. They list in their complaint starting at paragraph 122 20 doctors who they allege referred KATHY Y. JONES, OFFICIAL COURT REPORTER