Schmidt v. DJO, LLC et al

Filing 58

ORDER. 2nd, 5th, 7th and 9th claims for relief which are asserted exclusively as to defendants Abbott Laboratories and Abbot Laboratories, Inc. are dismissed. Denying as moot 27 Defendants' Abbott Laboratories and Abbot Laboratories, Inc.'s Motion to Dismiss and Joinder in Defendans I-Flow Corporation's Motion to Dismiss and DJO LLC's Motion to Dismiss, by Chief Judge Wiley Y. Daniel on 8/2/10.(gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 09-cv-02683-WYD-MEH ERIC SCHMIDT, Plaintiff, v. DJO, LLC; and I-FLOW CORPORATION; Defendants. ORDER In light of the dismissal of Defendants Abbott Laboratories and Abbot Laboratories, Inc, it is ORDERED that the Second, Fifth, Seventh and Ninth Claims for Relief, which are asserted exclusively as to those Defendants, are DISMISSED. It is FURTHER ORDERED that Defendants Abbott Laboratories and Abbot Laboratories, Inc.'s Motion to Dismiss Plaintiff's Claims Pursuant to Fed. R. Civ. P. 12(b)(6) and Joinder in Defendants I-Flow Corporation's Motion to Dismiss and DJO, LLC's Motion to Dismiss (ECF No. 27 filed February 16, 2010) is DENIED AS MOOT. Dated: August 2, 2010 BY THE COURT: s/ Wiley Y. Daniel Wiley Y. Daniel Chief United States District Judge