Boehm v. Eli Lilly & Company et al

Filing 124

ORDER granting 123 Motion to Dismiss and finding as moot 122 Motion for Ruling. Signed by Judge D. P. Marshall Jr. on 2/5/13. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION PLAINTIFF TIMOTHY BOEHM v. No. 4:10-cv-159-DPM DEFENDANT ELI LILLY & CO. ORDER Boehm's motion, Document No. 123, for some kind of final adjudication of the remaining claims in the case so he can appeal is granted. The Court dismissed count I (strict liability warnings) with prejudice in the 4 October 2012 Order, Document No. 121. Boehm's motion to dismiss count II (extended manufacturer's liability) and count VII (negligent misrepresentation) without prejudice, Document No. 100, is granted. Boehm's new motion to dismiss all his remaining claims with prejudice, Document No. 123, is granted: count III (negligence), count IV (breach of implied warranty), count V (breach of express warranty), count VI (fraud), and count VIII (fraud by concealment) are dismissed with prejudice. These dismissals resolve all Boehm's claims. The Court will enter Judgment accordingly. The Court appreciates counsel's tactical decision to trim the case to its core. The joint motion, Document No. 122, is denied as moot. So Ordered. D.P. Marshall frO United States District Judge 5 February 2013 -2-

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