Wallace v. Novartis Pharmaceuticals Corporation
| John Wallace |
| Novartis Pharmaceuticals Corporation |
| 3:2012cv01905 |
| September 24, 2012 |
| US District Court for the Middle District of Pennsylvania |
| Scranton Office |
| Outside State |
| Robert D. Mariani |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 Diversity-Personal Injury |
| Both |
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Filing
76
ORDER 1. Magistrate Judge Brown's Order granting Plaintiffs Motion to Substitute is VACATED. 2. Defendant's Motion to Dismiss (Doc. 67) is GRANTED for: a. Plaintiffs failure to comply with the provisions of the MDL Court's Case f Manag ement Order; b. Plaintiffs failure to comply with FED. R. CIV. P. 25(a); c. Plaintiffs failure to comply with 20 PA. CONS. STAT. § 3375 (abatement statute); and d. Plaintiffs repeated dilatory conduct, analyzed under Poulis v. State Farm Fire & Cas. Co., 747 F.2d 863, 868 (3d Cir. 1984).3. Therefore, Defendant's Daubert motions (Doc. 11-15; Doc. 55) are DENIED AS MOOT. 4. The Clerk of Court is directed to CLOSE the case.Signed by Honorable Robert D. Mariani on 11/27/13. (jfg)
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