Rodriguez v. AstraZeneca Pharmaceuticals LP et al
MEMORANDUM AND ORDER - Defendants' motion to dismiss 11 is moot. Signed by District Judge John W. Lungstrum on 03/22/2017. (ses)
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF KANSAS
Case No. 16-cv-2741-JWL
AstraZeneca Pharmaceuticals LP and
MEMORANDUM & ORDER
Plaintiff, individually and as surviving heir of Frank Rodriguez, filed this lawsuit against
defendants alleging that the decedent suffered serious injuries and ultimately death as a result of
defendants’ unlawful conduct in connection with the design, development, manufacture, testing,
packaging, promoting, marketing, distributing, labeling and sale of Prilosec, a proton pump
inhibitor (PPI) used to treat gastroesophageal reflux disease and other peptic disorders.
Defendants have moved to dismiss the complaint under Federal Rules of Civil Procedure
12(b)(6). In lieu of filing a response to the motion to dismiss, plaintiff filed an amended
complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). The filing of the amended
complaint renders moot the motion to dismiss. See Ortega v. New Mexico Legal Aid, Inc., 2015
WL 12661927, at *1 n.1 (D.N.M. 2015); Shane v. CitiMortgage, Inc., 2012 WL 3111730, at *1
(D. Kan. July 31, 2012).
IT IS THEREFORE ORDERED BY THE COURT THAT defendants’ motion to
dismiss (doc. 11) is moot.
IT IS SO ORDERED.
Dated this 22nd day of March, 2017, at Kansas City, Kansas.
s/ John W. Lungstrum
John W. Lungstrum
United States District Judge
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