Filed: May 21, 2018
Latest Update: May 21, 2018
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 21 st day of May 2018, upon considering Defendants' Motions to dismiss (ECF Doc. Nos. 36, 37) the Second Amended Complaint, the pro se Plaintiffs Oppositions (ECF Doc. No. 46, 47) and for reasons in the accompanying Memorandum, it is ORDERED: 1. Defendants Crew, Levin, and Taylor's Motion to dismiss (ECF Doc. No. 36) is GRANTED and we dismiss them without prejudice to Plaintiff moving to timely amend under Fed. R. Civ. P. 15
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 21 st day of May 2018, upon considering Defendants' Motions to dismiss (ECF Doc. Nos. 36, 37) the Second Amended Complaint, the pro se Plaintiffs Oppositions (ECF Doc. No. 46, 47) and for reasons in the accompanying Memorandum, it is ORDERED: 1. Defendants Crew, Levin, and Taylor's Motion to dismiss (ECF Doc. No. 36) is GRANTED and we dismiss them without prejudice to Plaintiff moving to timely amend under Fed. R. Civ. P. 15 ..
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ORDER
MARK A. KEARNEY, District Judge.
AND NOW, this 21st day of May 2018, upon considering Defendants' Motions to dismiss (ECF Doc. Nos. 36, 37) the Second Amended Complaint, the pro se Plaintiffs Oppositions (ECF Doc. No. 46, 47) and for reasons in the accompanying Memorandum, it is ORDERED:
1. Defendants Crew, Levin, and Taylor's Motion to dismiss (ECF Doc. No. 36) is GRANTED and we dismiss them without prejudice to Plaintiff moving to timely amend under Fed. R. Civ. P. 15 after adducing proof of personal jurisdiction;
2. Defendants ITG Brands and R.J. Reynolds' Motion to dismiss for failure to state a claim (ECF Doc. No. 37) is GRANTED in part and DENIED in part and all of Plaintiffs claims against ITG Brands and R.J. Reynolds are dismissed without prejudice except Plaintiff may now proceed into discovery on his claims for:
a. "failure to warn" against ITG Brands for alleged 1966-1969 conduct;
b. "design defect" against ITG Brands and R.J. Reynolds for allegedly adding "excessive nicotine" to increase addiction; and,
3. Defendant ITG Brands and R.J. Reynolds shall answer these remaining allegations no later than June 5, 2018.
