Kerlinsky v. Sandoz, Inc. et al
| Louis Kerlinsky |
| Sandoz, Inc., United States Department of Veterans Affairs and Main Line Hospitals Inc., |
| 3:2009cv30136 |
| August 14, 2009 |
| US District Court for the District of Massachusetts |
| Springfield Office |
| Hampden |
| Kenneth P. Neiman |
| Michael A Ponsor |
| Plaintiff |
| 28 U.S.C. ยง 1332 Diversity-Product Liability |
| Plaintiff |
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Filing
84
Judge Michael A. Ponsor: ORDER entered. JUDGMENT for defendants. (Lindsay, Maurice)
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Filing
51
Judge Michael A Ponsor: MEMORANDUM AND ORDER entered. As follows: The court, upon de novo review, hereby ADOPTS the Report and Recommendation (Dkt. No. 48 ). The objections offered by Plaintiff have no merit. Indeed, Plaintiffs alleged quotations fr om Neitzke v. Williams, 490 U.S. 319, 327 (1989), and Vmark Software v. EMC Corp., 642 N.E. 2d 587, 596 (Mass. App. Ct. 1994), cannot be found in either of those decisions. Judge Neimans statement of the law isperfectly correct, and the standard he h as used to weigh the appropriateness of dismissal is proper. For the foregoing reasons, USDVAs Motion to Dismiss(Dkt. No. 40 ) is hereby ALLOWED and Counts 7, 8, and 12 are hereby DISMISSED.It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)
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Filing
48
Magistrate Judge Kenneth P. Neiman: REPORT AND RECOMMENDATIONS re 40 MOTION to Dismiss filed by United States Department of Veterans Affairs, ISSUED, cc:cl. Recommendation: "...For the reasons stated, the court recommends that the USDVA's motion to dismiss Counts 7, 8 and 12 be ALLOWED." Objections to R&R due by 11/8/2010. (Healy, Bethaney)
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Filing
29
Judge Michael A Ponsor: MEMORANDUM AND ORDER entered. As follows: The court, upon de novo review, hereby ADOPTS the Report and Recommendation (Dkt. No. 24 ), in part. Lankenaus Motion to Dismiss (Dkt. No. 7 ) is hereby ALLOWEDin its entirety. Sando z Motion to Dismiss (Dkt. No. 12 ) is hereby ALLOWED as to Counts 3, 4, 5, and as to those portions of Count 12 pertinent to Sandoz. Moreover, the court hereby ALLOWS the Motion to Dismiss as to all portions of Count 2, except those relating to warn ings. Sandozs motion directed to Counts 1 and 2 is otherwise DENIED. The court declines to adopt the recommendation of sua sponte dismissal of Count 7 and the portions of Count 12 describing class action allegations against the USDVA. This case is hereby referred to Magistrate Judge Neiman for a pretrial scheduling conference pursuant to Fed. R. Civ. P. 16. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)
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Filing
24
Magistrate Judge Kenneth P. Neiman: REPORT AND RECOMMENDATIONS re 12 MOTION to Dismiss filed by Sandoz, Inc., 7 and MOTION to Dismiss for Lack of Jurisdiction , improper service, improper venue and failure to state a claim filed by Main L ine Hospitals Inc., cc:cl/Pltf. Recommendation: "...For the reasons stated, the court recommends as follows: that Lankenau Hospital's motion to dismiss be ALLOWED in full; that Sandoz's motion to dismiss be ALLOWED as to Counts 3 through 5 and 12, but DENIED as to Counts 1 and 2; and that Count 7 and any remaining portion of Count 12 be DISMISSED sua sponte." Objections to R&R due by 2/4/2010(Healy, Bethaney)
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