J.B. et al v. Abbott Laboratories, Inc.

Filing 132

ORDER GRANTING MOTION TO AMEND. Plaintiffs shall file one unified amended complaint alleging all claims and parties in one document on or before November 4, 2016. Defendant shall have until on or before November 10, 2016 to file a unified amended answer. Signed by Judge Nancy J. Rosenstengel on 10/28/2016.(jmw).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
J.B., a minor, et al.,
Plaintiffs,
vs.
ABBOTT LABORATORIES, INC., and
ABBVIE, INC.,
Defendants.

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Case No. 13-CV-134-NJR-SCW

ORDER
ROSENSTENGEL, District Judge:
On October 26, 2016, Plaintiffs filed a document entitled Plaintiffs’ Response to
the Court’s Order to Show Cause in the lead consolidated Depakote case, No. 12-cv-52.
(Doc. 644). The Court construes the document as a motion to file an amended complaint
for case No. 13-cv-134.
Plaintiffs indicate that when they moved to file an amended complaint in Case
No. 13-cv-134, it was their intention to only amend one of the four underlying state court
Complaints. Id. at 2-4. For good cause shown and in the interest of justice, the Court
GRANTS Plaintiffs’ request to file an amended complaint. (Doc. 644). Accordingly the
amended complaint shall be due on or before November 4, 2016. To avoid any further
confusion and to comply with the provisions of Massey v. Helman, 196 F.3d 727, 735 (7th
Cir. 1999), plaintiffs shall file one unified amended complaint alleging all claims and
parties in one document. Defendant shall have until on or before November 10, 2016 to
file a unified amended answer.

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If plaintiffs move to amend the Complaint in any of the other Depakote litigation
cases that were removed from state court, assuming the motion is granted, they must file
one unified amended complaint listing all parties and claims in a single document.
Defendants shall accordingly file a single unified amended answer.
IT IS SO ORDERED.
DATED: October 28, 2016
____________________________
NANCY J. ROSENSTENGEL
United States District Judge

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