Filed: Mar. 01, 2016
Latest Update: Mar. 01, 2016
Summary: ORDER GRANTING JOINT MOTION TO DISMISS THE CLAIMS OF CERTAIN PLAINTIFFS AGAINST ELI LILLY AND COMPANY ONLY LAWRENCE J. O'NEILL , District Judge . The parties have filed a joint motion to dismiss the claims of certain Plaintiffs ("Dismissed Plaintiffs") against Eli Lilly and Company ("Lilly") in this action. Being sufficiently advised, it is hereby ORDERED as follows: 1. The parties' Joint Motion to Dismiss is GRANTED. 2. This dismissal is without prejudice for 60 days from the date of t
Summary: ORDER GRANTING JOINT MOTION TO DISMISS THE CLAIMS OF CERTAIN PLAINTIFFS AGAINST ELI LILLY AND COMPANY ONLY LAWRENCE J. O'NEILL , District Judge . The parties have filed a joint motion to dismiss the claims of certain Plaintiffs ("Dismissed Plaintiffs") against Eli Lilly and Company ("Lilly") in this action. Being sufficiently advised, it is hereby ORDERED as follows: 1. The parties' Joint Motion to Dismiss is GRANTED. 2. This dismissal is without prejudice for 60 days from the date of th..
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ORDER GRANTING JOINT MOTION TO DISMISS THE CLAIMS OF CERTAIN PLAINTIFFS AGAINST ELI LILLY AND COMPANY ONLY
LAWRENCE J. O'NEILL, District Judge.
The parties have filed a joint motion to dismiss the claims of certain Plaintiffs ("Dismissed Plaintiffs") against Eli Lilly and Company ("Lilly") in this action. Being sufficiently advised, it is hereby
ORDERED as follows:
1. The parties' Joint Motion to Dismiss is GRANTED.
2. This dismissal is without prejudice for 60 days from the date of the entry of the order on this motion (the "Order").
3. Between the date of the Order and 60 days from the date of the Order, a Dismissed Plaintiff must refile in the appropriate United States District Court located in Plaintiff's home jurisdiction should they choose to reassert a claim against Lilly. Any such complaint must include as an exhibit evidentiary support of the Dismissed Plaintiff's use of product manufactured or sold by Lilly.
4. For any complaint filed pursuant to the terms of Paragraph 2 above, (a) all defenses to which Lilly was entitled as of the effective date of the original complaint in this action against Lilly are preserved, and (b) Lilly may not assert any statute of limitations defense based solely on the passage of time between the effective date of the original complaint against Lilly and the filing of the complaint pursuant to Paragraph 2 above.
5. If a Dismissed Plaintiff does not file a new complaint pursuant to Paragraph 2 above, this dismissal will automatically become a dismissal with prejudice under Federal Rule of Civil Procedure 54(b), effective on the 61st day after the date of the entry of the Order, without further court order.
6. Each party will bear his, her, or its own fees and costs.
7. The Dismissed Plaintiffs are the following:
DISMISSED PLAINTIFFS
Calogero Gambino
Maria Gambino
Marlene Gano
Richard Gano
Antonio Gonzalez
Carlota Gonzalez
Barbara Goss
Jerry Goss
Jesus Grijalva
Raquel Grijalva
Mary Groll
Steven Groll
Debra Grubbs
Michael Grubbs
Dwayne Haagen
Judie Haagen
Barbara May Hall
David Hall
James Hall
Shirley Hall
Aaron Harris
Patricia Harris
Betty Hartman
Beverly Haynes
Oscar Haynes
DISMISSED PLAINTIFFS
Robert Hickman
Sharon Hickman
Debra Hoffman
Kathryn Hoffman
Stephen Hoffman
Walter Hoffman
Christina Hofmann
Walter Hofmann
James Hogan
Tiffany Hogan
Rhonda Hollan
Troy Hollan
Barbara Holmes
Harold Holmes
Florence Howard
Jesse Howard
Carol Hubbard
Robert Hubbard
8. The claims of the following Plaintiffs against Lilly in the above-captioned action remain pending:
REMAINING PLAINTIFFS
Charles Grimes
Laura Grimes
IdaMae Hudgins
Joseph Hudgins
Donna Mitchell
Thomas Mitchell
IT IS SO ORDERED.
