Allen v. Sun Pharmaceutical Industries, Inc. et al
| Raymond Allen , Sr. |
| Sun Pharmaceutical Industries, Inc., Baxter Healthcare Corporation, Baxter International Inc., West-Ward Pharmaceutical Corp., Caraco Pharmaceutical Laboratories, Ltd. and Does 1-20 |
| 1:2010cv00721 |
| April 6, 2010 |
| US District Court for the Northern District of Ohio |
| Cleveland Office |
| Cuyahoga |
| Kathleen M. O'Malley |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
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Filing
39
Memorandum Opinion and Order Defendants Baxter International Inc. and Baxter Healthcare Corporation's Joinder in Defendant West-Ward Pharmaceutical Corp.'s Motion for Judgment on the Pleadings (ECF No. 35 ) is granted. Defendants Su n Pharmaceutical Industries, Inc. and Caraco Pharmaceutical Laboratories Ltd.'s Motion for Judgment on the Pleadings (ECF No. 30 ) and Defendant West-Ward Pharmaceutical Corp.'s Motion for Judgment on the Pleadings (ECF No. 31 ) are grant ed. All of Plaintiff's claims are hereby dismissed as preempted by PLIVA, Inc. v. Mensing, ---U.S.----, 131 S.Ct. 2567, 180 L.Ed.2d 580 (2011); Fulgenzi v. PLIVA, Inc., --- F.Supp.2d ----, No. 5:09CV1767, 2012 WL 1110009, at *1 (N.D.Ohio March 31, 2012). Judge Benita Y. Pearson on 10/31/2012. (S,L)
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Filing
36
Order: Defendants West-Ward Pharmaceutical Corp., Baxter HealthcareCorporation, and Baxter International Inc.s Motion to Dismiss Plaintiffs First Amended Complaint and Defendants Sun Pharmaceutical Industries, Inc. and Caraco Pharmaceutial Lab oratories, Ltd.'s Motion to Dismiss Plaintiff's First Amended Complaint are denied without prejudice to refiling at a later date, if necessary. Lead counsel of record and the parties are reminded that the case is set for a Telephone Conference on October 2, 2012, at 12:00 p.m. noon. Plaintiff's counsel is to setup the conference call. (Related Doc # 22 and # 23 ). Judge Benita Y. Pearson on 9/30/12. (BR,S). Modified on 10/1/2012 (BR,S).
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