Garner v. NGC Bodily Injury Trust

Garner v. NGC Bodily Injury Trust

Plaintiff:	Gail Garner
Defendant:	NGC Bodily Injury Trust
Case Number:	6:2011cv06567
Filed:	November 18, 2011
Court:	US District Court for the Western District of New York
Office:	Rochester Office
County:	Monroe
Presiding Judge:	Charles J. Siragusa
Nature of Suit:	Asbestos Personal Injury Product Liability
Cause of Action:	28 U.S.C. § 1332
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 16, 2012	Filing 30 DECISION AND ORDER granting 9 Motion to Dismiss for Failure to State a Claim; denying 18 Motion to Amend or Correct; denying 23 Motion for Leave to File.Although the Court is sympathetic to Ms. Garners position regarding the loss of her father, the law requires that Defendants motion to dismiss the complaint, ECF No. 9, be granted in its entirety. As a result, Plaintiffs motions for leave to amend, ECF No.18, and leave to file sur-reply, ECF No. 23, are denied as futile. The Clerk shall enter judgment for Defendant and close the case. Signed by Hon. Charles J. Siragusa on 8/15/12. (KAP)

Date Filed

Document Text

August 16, 2012

Filing 30 DECISION AND ORDER granting 9 Motion to Dismiss for Failure to State a Claim; denying 18 Motion to Amend or Correct; denying 23 Motion for Leave to File.Although the Court is sympathetic to Ms. Garners position regarding the loss of her father, the law requires that Defendants motion to dismiss the complaint, ECF No. 9, be granted in its entirety. As a result, Plaintiffs motions for leave to amend, ECF No.18, and leave to file sur-reply, ECF No. 23, are denied as futile. The Clerk shall enter judgment for Defendant and close the case. Signed by Hon. Charles J. Siragusa on 8/15/12. (KAP)

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Defendant: NGC Bodily Injury Trust
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Plaintiff: Gail Garner
Represented By:	Michael J. Crosby
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