Lee v. Mylan Inc et al

Filing 38

ORDER GRANTING 37 Plaintiff's Letter which the Court construes as a Motion to Amend the Complaint and DENYING without prejudice 27 Motion to Dismiss. Ordered by Judge Marc Thomas Treadwell on 7/26/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
Bethani LEE, as Personal
Representative of the Estate of
Jonee Adair Lee-Livingston,

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Plaintiff,
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v.
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MYLAN INC., et. al,
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Defendants.
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________________________________ )

CIVIL ACTION NO. 5:10-CV-361 (MTT)

ORDER
This matter is before the Court on the Plaintiff’s Letter Regarding the Amended
Complaint and the Defendants’ Motion for Summary Judgment. (Doc. 37). The Court
construes the letter as a Motion to Amend the Complaint and to Add Mr. Calvin
Livingston as a plaintiff. The Motion is GRANTED. The letter also states that counsel
for the Defendants agrees that the addition of Mr. Livingston moots its Motion for
Summary Judgment. Accordingly, the Defendants’ Motion for Summary Judgment is
DENIED without prejudice. Pursuant to Fed. R. Civ. P. 15(a)(3), the Defendants have
14 days after service of the amended complaint to respond.

SO ORDERED, this the 26th day of July, 2011.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT