Nail et al v. Eli Lilly and Company et al
| Don Nail and Sheila Nail |
| Xanodyne Pharmaceuticals, Inc., Eli Lilly and Company, aaiPharma, Inc., aaiPharma LLC, AAI Development Services, Inc. and NeoSan Pharmaceuticals Inc. |
| 2:2012cv00235 |
| November 28, 2012 |
| US District Court for the Eastern District of Kentucky |
| Covington Office |
| XX US, Outside State |
| Danny C. Reeves |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
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Filing
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MEMORANDUM OPINION AND ORDER: 1. To the extent that the plaintiffs' consolidated response is construed as a motion for an abeyance, that motion is DENIED. 2. The claims asserted against Defendant Eli Lilly and Company by the following plainti ffs are DISMISSED, with prejudice: a. Civil Action No. 2: 12-235-DCR, Plaintiffs Don and Sheila Nail; b. Civil Action No. 2: 12-238-DCR, Plaintiffs Raymond Silver, Georgia Silver, Paulette Melancon, Jacqueline Pack, and Travis Reynolds as wrongful d eath beneficiary of the Estate of Ophelia Faye Reynolds; c. Civil Action No. 2: 12-242-DCR, Plaintiff Jeffrey A. Bennett; d. Civil Action No. 2: 12-243-DCR, Plaintiffs Sharon Collins, Linda Gilmore, and Lamar James; e. Civil Action No. 2: 12-249-DCR, Plaintiff Frances Bennett, individually and on behalf of the Estate of Juanita B. Martin; f. Civil Action No. 2: 12-250-DCR, Plaintiffs Mark Randal Stafford and Vicie Carolyn Stafford, husband and wife; g. Civil Action No. 2: 12-251-DCR, Plaintiffs Thomas R. Trent and Alma S. Trent, husband and wife; h. Civil Action No. 2: 12-252-DCR, Plaintiff Terry Danny King; i. Civil Action No. 2: 12-253-DCR, Plaintiffs Paulette Faith Moss and Roger Lee Moss, husband and wife; j. Civil Action No. 2: 12-254- DCR, Plaintiff Tina R. Tye; k. Civil Action No. 2: 13-001-DCR, Plaintiff Douglas Abraham, Special Administrator for the Estate of Ruth Britt. 3. The following claims remain pending: (a) the claims asserted against Lilly in Williams v. Eli Lilly and Company, Civil Action No. 2: 12-270-DCR; (b) the claims asserted against Lilly by Plaintiffs Donna and Andrew Wagenknecht in Silver, et al. v. Eli Lilly and Company, et al., Civil Action No. 2: 12-238-DCR; and (c) the claims asserted against Lill y by Plaintiffs Donald Shaw, James Pickens, Sr., and Linda Sue Chambless in Shaw, et al. v. Eli Lilly and Co., et al., Civil Action No. 2: 12-243-DCR. 4. The plaintiffs' motion to file an amended complaint in Civil Action No. 2: 12-238- DCR [MDL Record No. 2540] is GRANTED. The Clerk of Court is DIRECTED to file the First Amended Complaint previously tendered in that action. Signed by Judge Danny C. Reeves on 3/8/2013.Associated Cases: 2:11-md-02226-DCR et al.(CBD)cc: COR
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