Pellegrin v. Qualitest Pharmaceuticals, Inc. et al

Filing 43

ORDER granting 42 Motion for Judgment on the Pleadings; Plaintiff's complaint against defendants is DISMISSED with prej. Signed by Judge Jay C. Zainey. (gbw, )

January 10, 2012

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JOANN PELLEGRIN

CIVIL ACTION

VERSUS

NO. 10-2126

QUALITEST PHARMACEUTICALS, INC., ET AL.

SECTION "A"(3)

ORDER
Local Rule 7.5 of the Eastern District of Louisiana requires
that memoranda in opposition to a motion be filed eight days
prior to the noticed submission date of the motion.

No memoranda

in opposition to Defendants’ Motion for Judgment on the Pleadings
(Rec. Doc. 42), taken under submission on January 4, 2012, has
been received.

Accordingly, this motion is deemed to be

unopposed, and, further, it appearing to the Court that the
motion has merit,1
Accordingly;
IT IS ORDERED that Defendants’ Motion for Judgment on the

1

Defendants contend that the claims asserted in Plaintiff’s
complaint are pre-empted under the Supreme Court’s ruling in
PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011). The Court has
reviewed the decision in Mensing as well as Plaintiff’s complaint
and the Court is persuaded that Defendants are correct.

Pleadings (Rec. Doc. 42) is GRANTED.

Plaintiff’s complaint

against Defendants is DISMISSED with prejudice.
* * * * * * * *

2