ADKINS v. BRISTOL-MYERS SQUIBB COMPANY et al

Filing 31

ORDER granting 21 Motion to Dismiss Count VI of Plaintiff's First Amended Complaint. Count V of Plaintiff's First Amended Complaint, the negligent misrepresentation claim, is dismissed w/o prejudice.. Signed by Judge Freda L. Wolfson on 12/30/09. (jg, )

[21] UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY _____________________________________________ : JAMES ADKINS, : : Civil Action No. 3:07-cv-00901 (FLW) : Plaintiff, : : v. : : ORDER BRISTOL-MYERS SQUIBB COMPANY, : SANOFI-AVENTIS U.S. L.L.C., : SANOFI-AVENTIS U.S., INC., : SANOFI-SYNTHELABO, INC., : : Defendants. : _____________________________________________ : THIS MATTER having been opened to the Court by Defendants Bristol-Myers Squibb Company, Sanofi-Aventis U.S. L.L.C., Sanofi-Aventis U.S., Inc., and Sanofi-

Synthelabo, Inc., through counsel Michael A. Tanenbaum, Esq., seeking dismissal of the First
Amended complaint of Plaintiff James Adkins ("Plaintiff") for failure to state a claim upon which relief can be granted pursuant to Fed. R. Civ. P. 12(b)(6); Plaintiff, through his counsel Michele A. DiMartino, Esq., having submitted opposition thereto; the Court having considered the moving, opposition, and reply papers filed by the parties; this matter being considered pursuant to Fed. R. Civ. P. 78; for the reasons stated in the Opinion filed on this date, and for good cause shown; IT IS on this 30th day of December, 2009, ORDERED that Count VI of Plaintiff's First Amended Complaint, asserting a claim under Tennessee's Consumer Protection Act, is dismissed without prejudice; and it is further

ORDERED that Count V of Plaintiff's First Amended Complaint, i.e., the negligent misrepresentation claim, is dismissed without prejudice.

Dated: December 30, 2009 _ /s/ Freda L. Wolfson United States District Judge

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