Theiss et al v. I-Flow, Inc. et al

Filing 53

ORDER granting 52 Joint Motion to Dismiss. Pursuant to Fed.R.Civ.P. 41(a), all claims asserted in this matter against defendants AstraZeneca Pharmaceuticals LP, AstraZenecka LP, Zeneca Holdings, Inc., APP Pharmaceuticals, LLC, APP Pharmaceuticals, Inc., Abraxis Bioscience, Inc., and Abraxis Bioscience, LLC are dismissed without prejudice with each party to bear its own attorneys' fees and costs, by Judge Philip A. Brimmer on 02/19/09.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Philip A. Brimmer Civil Action No. 08-cv-02606-PAB-KMT VINTON THEISS and LISA THEISS, Plaintiffs, v. I-FLOW , INC., a Delaware corporation, ABBOTT LABORATORIES, an Illinois corporation, ABBOTT LABORATORIES d/b/a AP PHARMACEUTICALS, INC., an Illinois corporation, ABBOTT LABORATORIES d/b/a ABBOTT SALES, MARKET & DISTRIBUTION COMPANY, a Delaware corporation, HOSPIRA, INC., a Delaware corporation, ASTRAZENECA PHARMACEUTICALS LP, a Delaware corporation, ASTRAZENECA LP, a Delaware corporation, ZENECA HOLDINGS, INC., a Delaware corporation, APP PHARMACEUTICALS, LLC, a Delaware corporation, APP PHARMACEUTICALS, INC., a Delaware corporation, ABRAXIS BIOSCIENCE, INC., a Delaware corporation, and ABRAXIS BIOSCIENCE, LLC, A California corporation, Defendants. _____________________________________________________________________ ORDER OF DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANTS ASTRAZENECA PHARMACEUTICALS LP, ASTRAZENECA LP, ZENECA HOLDINGS, INC., APP PHARMACEUTICALS, LLC, APP PHARMACEUTICALS, INC., ABRAXIS BIOSCIENCE, INC., and ABRAXIS BIOSCIENCE, LLC _____________________________________________________________________ THIS MATTER comes before the Court upon the Unopposed Joint Motion to Dismiss AstraZeneca Pharmaceuticals LP, AstraZeneca LP, Zeneca Holdings, Inc., APP Pharmaceuticals, LLC, APP Pharmaceuticals, Inc., Abraxis Bioscience, Inc., and Abraxis Bioscience, LLC [Docket No. 52]. The Court has reviewed the pleading and is fully advised in the premises. It is

ORDERED that the motion to dismiss [Docket No. 52] is granted. It is further ORDERED that, pursuant to Fed. R. Civ. P. 41(a), all claims asserted in this matter against defendants AstraZeneca Pharmaceuticals LP, AstraZeneca LP, Zeneca Holdings, Inc., APP Pharmaceuticals, LLC, APP Pharmaceuticals, Inc., Abraxis Bioscience, Inc., and Abraxis Bioscience, LLC are dismissed without prejudice, with each party to bear its own attorneys' fees and costs. DATED February 19, 2009. BY THE COURT:

s/Philip A. Brimmer PHILIP A. BRIMMER United States District Judge

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