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)

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

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