Macaluso et al v. Bristol-Myers Squibb et al
| Karen Macaluso |
| Bristol-Myers Squibb and Pfizer, Inc. |
| 2:2016cv03673 |
| April 25, 2016 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Jefferson |
| Lance M Africk |
| Karen Wells Roby |
| Personal Injury: Health Care |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
26
ORDER AND REASONS re 14 MOTION to Dismiss for Failure to State a Claim - IT IS ORDERED that defendants' motion to dismiss is GRANTED IN PART and DENIED IN PART as set forth herein. Plaintiff has leave to file an amended complaint addressing the present infirmities with the failure to warn claim no later than October 26, 2016. Should defendants still contend that any amended complaint does not plead causation on the failure to warn claim, defendants may file a motion to dismiss the clai m on such grounds no later than November 4, 2016. Should defendants do so, plaintiff shall respond no later than November 14, 2016, at which point the Court will take the motion under submission. IT IS ORDERED that defendants motion for a more defini te statement is GRANTED. No later than October 26, 2016, plaintiff shall file an amended complaint specifying (1) when the decedent was injured by Eliquis, and (2) when the decedent became aware of her injuries. Should defendants contend that dismis sal on prescription grounds is appropriate based on the pleadings, defendants shall so move no later than November 4, 2016.3 Should defendants do so, plaintiff shall respond no later than November 14, 2016, at which point the Court will take the motion under submission. Signed by Judge Lance M Africk on 10/18/2016.(blg)
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