Huffman v. Bristol-Myers Squibb et al
| Lee Huffman |
| Bristol-Myers Squibb and Pfizer, Inc |
| 2:2016cv03714 |
| April 27, 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
27
CORRECTED ORDER AND REASONS re 25 Order on 15 Motion to Dismiss/Failure to State a Claim. Signed by Judge Lance M Africk on 10/14/2016.(blg)
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Filing
25
ORDER AND REASONS re 15 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 pr esent infirmities with the failure to warn claim no later than October 24, 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 claim on s uch grounds no later than November 2, 2016. Should defendants do so, plaintiff shall respond no later than November 11, 2016, at which point the Court will take the motion under submission. IT IS ORDERED that defendants motion for a more definite s tatement is GRANTED. No later than October 24, 2016, plaintiff shall file an amended complaint specifying when (1) plaintiff was injured by Eliquis, and (2) plaintiff became aware of his injuries. Should defendants contend that dismissal on prescri ption grounds is appropriate based on the pleadings, defendants shall so move no later than November 2, 2016. Should defendants do so, plaintiff shall respond no later than November 11, 2016, at which point the Court will take the motion under submission. Signed by Judge Lance M Africk. (bwn)
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