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, )

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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

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