Rosser v. Sanoti-Aventis et al
| Derek Rosser |
| Sanoti-Aventis, James Herivaux, Phillip Atkins and Medical Staff at Narco Freedom |
| 1:2017cv02396 |
| April 3, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Vernon S. Broderick |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing
41
OPINION & ORDER re: 18 MOTION to Dismiss filed by James Herivaux, 7 MOTION to Dismiss filed by Sanoti-Aventis. For the foregoing reasons, Defendant Sanofi-Aventis's motion to dismiss is GRANTED, Defendant Heriva ux's motion to dismiss is GRANTED IN PART with respect to Plaintiff's § 1983 claim and DENIED IN PART with respect to Plaintiff's medical malpractice claim, and Plaintiff's request for leave to amend the Complaint is GRANTE D. Plaintiff shall file an amended complaint within sixty (60) days of the entry of this Opinion & Order. Defendant Herivaux shall file an answer to the amended complaint within twenty-one (21) days of the filing of the amended complaint. Further , Plaintiff shall seek a default judgment against Defendant Atkins pursuant to the procedure described in my March 23, 2018 order, (Doc. 40), within sixty (60) days of the entry of this Opinion & Order. If Plaintiff does not seek a default judgment by that time, I may dismiss his claims against Defendant Atkins for failure to prosecute. The Clerk of Court is respectfully directed to terminate Defendant Sanofi- Aventis from this action. The Clerk of Court is also respectfully directed to termi nate the open motions at Docket Numbers 7 and 18. Finally, the Clerk of Court is respectfully directed to mail a copy of this Opinion & Order and my March 23, 2018 order, (Doc. 40), to the pro se Plaintiff. Sanoti-Aventis (Ambien Manufactures) terminated. (Signed by Judge Vernon S. Broderick on 8/26/2018) (tro) Transmission to Docket Assistant Clerk for processing.
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