Gomez et al v. McKesson Corporation et al

Filing 68

ORDER Granting Joint Motion To Dismiss The Claims Of Certain Plaintiffs Against Eli Lilly And Company Only (Re Dkt # 65 ): This dismissal is without prejudice for 60 days from the date of the entry of the order. 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. If a Dismissed Plaintiff does not f ile a new complaint pursuant to Paragraph 2, 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. Signed by Judge William Q. Hayes on 3/4/2016. (mdc)

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FILED
MAR 04 2016
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Cll'
SOUTHEmi USplSl RICT COURT
BY
. ,DIS I RICT OF CALIFORNIA
-acc..OEPUTY

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA

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DIXIE GOMEZ, et ai.,
Plaintiffs,

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v.

MCKESSON CORPORATION, et ai.,
Defendants.

Case No. 3: l2-cv-0281 6-WQH-NLS
ORDER GRANTING JOINT
MOTION TO DISMISS THE
CLAIMS OF CERTAIN
PLAINTIFFS AGAINST ELI
LILLY AND COMPANY ONLY

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The parties have filed a joint motion to dismiss the claims of certain

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Plaintiffs ("Dismissed Plaintiffs") against Eli Lilly and Company ("Lilly") in this

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action. Being sufficiently advised, it is hereby:'
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ORDERED as follows:

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2.

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The parties' Joint Motion to Dismiss is GRANTED.

This dismissal is without prejjudice for 60 days from the date of the
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entry of the order on this motion (the "Ord~r").
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Between the date of the Order and 60 days from the date of the Order,

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a Dismissed Plaintiff must refile iii-the appropriate United States Distdct Court

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located in Plaintiffs home jurisdiction should they choose to reassert a claim

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against Lilly. Any such complaint must include as an exhibit evidentiary support

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of the Dismissed Plaintiffs use of product manufactured or sold by Lilly.

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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

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complaint in this action against Lilly are preserved, and (b) Lilly may not assert
any statute of limitations defense based solely on the passage ()f time between the
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effective date of the original complaint against Lilly and the filing of the complaint
pursuant to Paragraph 2 above.

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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.

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Each party will bear his, her, or its own fees and costs.

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The Dismissed Plaintiffs are the following:

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DISMISSED PLAINTIFFS

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James DauE;herty
Sandra Daugherty
Deborah Davidson
Ralph Davidson
Rollie Deckard
Georgia Lee Deckard
James Dicarlo
Evelyn Dicarlo
Drew Dieterich
Mary Dieterich
Dorothy Dose
John Dose
Clarence Doty
Jeannie Doty
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Edward Lentzx Dreikom, .JI
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Jennifer Dreikom
Cordell Duke
Norma Duke
George Dunn
Linda Dunn
Delores Ann Eller
Robert Eller
Daniel Encinas

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DISMISSED PLAINTIFFS
Sandra Encinas
Earl Femea
Joanne Femea
Edna Flanagan
Edward Flanagan
Beverly Fleck
Howard Fleck
James Fleetwood
Joan Fleetwood
Daniel Fluharty
Terry Fluharty
George Fox
Rhesa Mae Fox
Archie Franz
Joan Franz
Dona Frazier
John Frazier

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The claims of the following Plaintiffs against Lilly in the above-

captioned action remain pending:

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REMAINING PLAINTIFFS
Derrall Daniel
Lechia Daniel
Fred Donze
Louise Donze
Doyle Dunn
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Janice Dunn
Eugene Fields
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Patricia Ann Fields
Dixie Gomez
Florentino Gomez-Gonzalez

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DATED:

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The Honorable William Q. Hayes