DORSEY v. SHIRE REGENERATIVE MEDICINE, INC.
JON DORSEY |
SHIRE REGENERATIVE MEDICINE, INC. |
1:2013cv01583 |
October 3, 2013 |
US District Court for the Southern District of Indiana |
Indianapolis Office |
Denise K. LaRue |
William T. Lawrence |
Labor: Other |
28 U.S.C. ยง 1332 Diversity-(Citizenship) |
Plaintiff |
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Filing 19 ENTRY ON DEFENDANT'S MOTION TO DISMISS: For the reasons set forth above, Shire's motion to dismiss (dkt. no. 8) is GRANTED and Dorsey's Complaint is dismissed in its entirety; however, Dorsey is entitled to replead his claims. See Barry Aviation, Inc. v. Land O'Lakes Mun. Airport Comm'n, 377 F.3d 682, 687 (7th Cir. 2004) ("The better practice is to allow at least one amendment regardless of how unpromising the initial pleading appears because except in unusual c ircumstances it is unlikely that the court will be able to determine conclusively on the face of a defective pleading whether plaintiff actually can state a claim.") (quotation marks and citation omitted). If Dorsey believes there is a good fait h factual basis for any of his claims in light of this Entry, he shall file an amended complaint that sets forth the factual basis for them by Wednesday, May 14, 2014. If Dorsey fails to file an amended complaint within the required time frame, this case will be dismissed with prejudice without further notice. Signed by Judge William T. Lawrence on 4/30/2014. ***SEE ENTRY FOR ADDITIONAL INFORMATION*** (DW) |
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Defendant: SHIRE REGENERATIVE MEDICINE, INC. | |
Represented By: | Michael W. Padgett |
Represented By: | Melissa K. Fuller |
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Plaintiff: JON DORSEY | |
Represented By: | Amy Joan Adolay |
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