Lofton v. Pfizer Inc

Filing 42

JUDGMENT ADOPTING 20 Report and Recommendation of the Magistrate Judge. IT IS ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss 6 filed by Pfizer Inc is GRANTED IN PART, and that judgment is hereby entered in favor of Pfizer, Inc. DISMIS SING WITH PREJUDICE Plaintiff's punitive damages claims not arising under the Louisiana Products Liability Act or in redhibition. Pfizer's 6 Motion to Dismiss and Alternative Motion to Stay is otherwise DENIED. Signed by Judge Robert G James on 5/14/09. (crt,DickersonSld, D)

RECEIVED
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TONY R MOO'~..CLERK wESTERN DISTRLCI O~ OUISI~ L

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

MELINDA LOFTON VERSUS PFIZER, INC.

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CIVIL ACTION NO. 08-1224 JUDGE JAMES MAGISTRATE JUDGE HAYES

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JUDGMENT
The Report and Recommendation of the Magistrate Judge having been considered, no objections thereto having been filed, and finding that same is supported by the law and the record in this matter, IT IS ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) [Doc. # 6] filed by Defendant, Pfizer, Inc. is GRANTED IN PART, and that judgment is hereby entered in favor of Pfizer, Inc. DISMISSING WITH PREJUDICE Plaintiff's punitive damages claims and all other claims not arising under the Louisiana Products Liability Act or in redhibition. Pfizer's Motion to Dismiss and Alternative Motion to Stay [Doc. # 6] is otherwise DENIED. MONROE, LOUISIANA, this
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day of

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2009.

ROBERT G. JAMES UNITED STATES DISTRICT

GE