King et al v. Bayer Pharmaceuticals Corp et al

Filing 50

JUDGMENT ADOPTING 41 Report and Recommendations re 21 Motion to Dismiss, filed by Bayer Healthcare Pharmaceuticals Inc and 23 Motion to Dismiss filed by Schering Corp. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the motions to dismiss fil ed by Defendants Bayer Healthcare Pharmaceuticals Inc and Schering Corp are GRANTED IN PART, and Plaintiffs' claims against Bayer and Schering for punitive damages, attorney's fees, and all other claims not arising under the Louisiana Produ cts Liability Act are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the motions to dismiss are otherwise DENIED. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs' claims against Apotex Inc for for punitive damages, attorney's fees, and all other claims not arising under the LPLA are sua sponte DISMISSED WITH PREJUDICE. Signed by Chief Judge Robert G James on 07/13/09. (crt,Yocum, M)

DECEtVED
1'\N MONROE LA

UNITED STATES DISTRJCT COURT WESTERN DISTRICT OF LOUTSL&NA MONROE DIVISION CIVIL ACTION NO. 09-0465 JUDGE ROBERT G. JAMES MAG. JUDGE KAREN L. HAYES

JUL 1 3 2090

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DL&NN KING AND MIKE KING VERSUS BAYER PHARMACEUTICALS CORPORATION, ET AL.

JUDGMENT The Report and Recommendation [DOe. No. 41] 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 HEREBY ORDERED, ADJUDGED, AND DECREED that the motions to dismiss [Doe. Nos. 21 & 23] filed by Defendants Bayer Healthcare Pharmaceuticals, Inc. ("Bayer") and Schering Corporation ("Schering") are GRANTED iN PART, and Plaintiffs' claims against Bayer and Schering for punitive damages, attorney's fees, and all other claims not arising under the Louisiana Products Liability Act ("LPLA") are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that the motions to dismiss are otherwise DENTED. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs' claims against Apotex Inc. for punitive damages, attorney's fees, and all other claims not arising under the LPLA are sna sponte DISMISSED WITH PREJUDICE. MONROE, LOUISIANA, this

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day of July, 2009.

ROS~.J~SQ~ UNITED STATES DI

CT JUDGE