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:
SSED PLAINTIFFS
Joan Bossert
Donna Bostick
William Bowman
Geraldine Bracken
Mabel Braddy
Abbei Brawley
Angelia Bridges
Margie Brinkley
Gordon Britt
Trina Broadnax
Curtis Brown
James Brown
John Brown
Patricia Brown
Pearline Brown
Robert Brown
Antoinette Brush
Linda Bryan
Carletha Buggs
Jozetta Bullock
Marilyn Bullock
Ginger Burchett
Mary Burke
Leroy Burns
DISMISSED PLAINTIFFS
Christopher Calkins
Phyllis Campbell
Cathy Carroll
Neldra Carroll
Robert Carver
Ervin Cassell
Retha Castellon
Mabel Chambers
Joseph Cheney
Charles Childs
Gladys Chism
Don Coffee
Laretia Colbert
8. The claims of the following Plaintiffs against Lilly in the above-captioned action remain pending:
REMAINING PLAINTIFFS
Jerald Bowen
Regina Boykin
Marjorie Brasher
Sybol Bray
Wanda Brewer
Carolyn Byrd
Joseph Caldwell
Lynne Claughton
John Clibrey
Carolyn Coley
George Connor
Charlie Cook
IT IS SO ORDERED.
