Coleman v. State Supreme Court et al
| Jason Coleman |
| State Supreme Court, Part of Mental Health Hygiene, Food and Drug Administration, Janseen, Eli Lily and Company, St. Luke's Hospital, Bellevue Hospital Center and City of New York |
| 1:2009cv01072 |
| February 5, 2009 |
| US District Court for the Southern District of New York |
| Personal Inj. Prod. Liability Office |
| New York |
| Victor Marrero |
| Plaintiff |
| U.S. Government Defendant |
| 28:1331 Fed. Question: Medical Malpractice |
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Filing
56
DECISION AND ORDER ADOPTING REPORT AND RECOMMENDATIONS for 55 Report and Recommendations. For reasons further set forth in said Order, the Report and Recommendation of Magistrate Judge Frank Maas dated February 25, 2010 (Docket No. 55) is adopted i n its entirety, and the motions of defendants City ofNew York (Docket No. 14), Food and Drug Administration (Docket No. 39), Eli Lilly and Company (Docket No. 42) and OrthoMcNeil-Janssen Pharmaceuticals, Inc. (Docket No. 50), to dismiss the complaint of plaintiff Jason Coleman ("Coleman")are GRANTED in full; and that the motion of defendant Bellevue Hospital Center (Docket No. 36) is GRANTED in respect of Coleman's constitutional claims. Coleman's motion for reconsideration o f the Court's denial of his application for entry of a default judgment against defendant State Supreme Court Part of Mental Health Hygiene (Docket No. 48) is DENIED. Coleman's remaining state law claims are dismissed without prejudice. The Clerk of Court is directed to withdraw any pending motions and to close this case. (Signed by Judge Victor Marrero on 3/17/10) (db)
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Filing
55
REPORT AND RECOMMENDATIONS For the foregoing reasons, the motions of the City (Docket No. 14), the FDA (Docket No. 39), Lilly (Docket No. 42), and Ortho (Docket No. 50), should be granted in full; Bellevues motion (Docket No. 36) should be granted in sofar as it addresses Colemans constitutional claims; Colemans motion (Docket No. 48) should be denied; and Colemans malpractice claims should be dismissed without prejudice. SO ORDERED. Objections to R&R due by 3/15/2010 (Signed by Magistrate Judge Frank Maas on 2/25/2010) Copies Mailed By Chambers.(jmi)
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