Michajlun et al v. Bausch & Lomb, Inc. et al
| Irena Michajlun and Jay Markoff |
| Bausch & Lomb, Inc. and Does 1 through 20, Inclusive |
| 3:2014cv01365 |
| June 3, 2014 |
| US District Court for the Southern District of California |
| San Diego Office |
| San Diego |
| Jan M. Adler |
| Jeffrey T. Miller |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1332 |
| Defendant |
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Filing
25
ORDER Granting in part and Denying in part Bausch & Lomb's 15 Motion to Dismiss Plaintiff's First Amended Complaint. Bausch & Lomb's 16 request for judicial notice is Granted. (1) B&L's motion to dismiss Plaintiffs' cla ims for strict liability for failure to warn, negligent failure to warn, and loss of consortium is Denied. These claims survive to the extent that they are premised on B&L's alleged failure to warn the FDA. (2) B&L's motion to dismiss Plaintiffs' putative class claims under the FAL and UCL is Granted. These claims are dismissed without leave to amend. Signed by Judge Jeffrey T. Miller on 3/11/2015. (rlu)
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Filing
13
ORDER Granting 11 Unopposed Motion for Leave to File a First Amended Complaint. Plaintiffs may file a first amended complaint within fourteen days of entry of this order. The hearing date on Plaintiffs motion for leave to file a first amended complaint (Doc. No. 11 ) is vacated. Signed by Judge Jeffrey T. Miller on 10/8/14. (rlu)
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