PER CURIAM ORDER [1587669] granting motions to dismiss [1572920-2] [1572889-2] [1572831-2]; dismissing motion for limited remand [1579003-2] as moot; withholding issuance of the mandate. Before Judges: Kavanaugh, Pillard and Wilkins. [15-5214]
United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
No. 15-5214 September Term, 2015
1:14-cv-00324-RDM Filed On: December 9, 2015
Amarin Pharmaceuticals Ireland Limited, Appellee
v.
Food & Drug Administration, et al., Appellees
Watson Laboratories Inc., Appellant
BEFORE: Kavanaugh, Pillard, and Wilkins, Circuit Judges
O R D E R
Upon consideration of the motions to dismiss for lack of jurisdiction, the response thereto, and the replies; and the motion for limited remand, the response thereto, and the reply, it is
ORDERED that the motions to dismiss be granted. The district court order remanding to the FDA is not an appealable final order, because it anticipates further agency action not limited to merely “ministerial” proceedings. See Pueblo of Sandia v. Babbitt, 231 F.3d 878, 880 (D.C. Cir. 2000). It is
FURTHER ORDERED that the motion for limited remand be dismissed as moot. Pursuant to D.C. Circuit Rule 36, this disposition will not be published. The Clerk
is directed to withhold issuance of the mandate herein until seven days after resolution of any timely petition for rehearing or petition for rehearing en banc. See Fed. R. App. P. 41(b); D.C. Cir. Rule 41.
Per Curiam
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