Morris v. Wyeth Inc et al

Filing 115

JUDGMENT ADOPTING 107 Report and Recommendation GRANTING 31 Motion to Dismiss, Motion for More Definite Statement filed by Teva Pharmaceuticals U S A Inc and Plaintiffs' claims for punitive damages and attorney's fees, and all other cla ims not arising under the Louisiana Products Liability Act, are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs' claims against the remaining defendant, Pliva USA, Inc., for punitive damages and attorney's fees, and all other claims not arising under the Louisiana Products Liability Act, are DISMISSED WITH PREJUDICE. Signed by Chief Judge Robert G James on 1/8/2010. (crt,DickersonSld, D)

RECEIVED LJSDC, WESTERN DISTRICT OF LA. TONY A. MOORE, CLERK DATE I //~~ Q/,7 ~9 BY--
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA MONROE DIVISION

PENNY MORRIS AND JOHN MORRIS VERSUS WYETH, INC., ET AL.

CIVIL ACTION NO. 09-0854 JUDGE ROBERT G. JAMES MAG. JUDGE KAREN L. HAYES

JUDGMENT For the reasons contained in the Report and Recommendation of Magistrate Judge Hayes previously filed herein [Doc. No. 107], and after an independent review of the record, determining that the findings are correct under the applicable law, and noting the absence of objections to the Report and Recommendation in the record, IT IS ORDERED, ADJUDGED, AND DECREED that the Motion to Dismiss [Doe. No. 31] filed by Defendant Teva Pharmaceuticals USA, Inc., is GRANTED, and Plaintiffs' claims for punitive damages and attorney's fees, and all other claims not arising under the Louisiana Products Liability Act, are DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that Plaintiffs' claims against the remaining defendant, Pliva USA, Inc., for punitive damages and attorney's fees, and all other claims not arising under the Louisiana Products Liability Act, are DISMISSED WITH PREJUDICE. MONROE, LOUISIANA, this

If

day of January, 2010.

ROBERT G. JA ES UNITED STATE ISTRICT JUDGE