Perdue v. Wyeth Pharmaceuticals, Inc. et al

Filing 51

JUDGMENT - IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court's order entered July 20, 2016, and for the reasons set forth more specifically therein, that the defendants' motions to dismiss are granted. Plaintiff's claim s against defendants Teva Pharmaceuticals USA, Inc., Barr Laboratories, Inc., and Zydus Pharmaceuticals USA, Inc. are dismissed with prejudice. Plaintiff's claims against defendant Wyeth Pharmaceuticals, Inc. are dismissed without prejudice. Signed by Julie Richards Johnston, Clerk of Court on 7/20/2016. (Baker, C.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION

SARA G. PERDUE, as Executor of the
Estate of Majorie S. Newton, Deceased,
Plaintiff,
v.

WYETH PHARMACEUTICALS, INC.;
TEVA PHARMACEUTICALS USA,
INC.; BARR LABORATORIES, INC.;
and ZYDUS PHARMACEUTICALS
USA, INC.,
Defendants.

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JUDGMENT
No. 4:15-CV-208-FL

Decision by Court.
This action came before the Honorable Louise W. Flanagan, United States District Judge, for
consideration of the defendants’ motions to dismiss made pursuant to Federal Rule of Civil
Procedure 12(b)(6).
IT IS ORDERED, ADJUDGED AND DECREED in accordance with the court’s order entered
July 20, 2016, and for the reasons set forth more specifically therein, that the defendants’ motions
to dismiss are granted. Plaintiff’s claims against defendants Teva Pharmaceuticals USA, Inc., Barr
Laboratories, Inc., and Zydus Pharmaceuticals USA, Inc. are dismissed with prejudice. Plaintiff’s
claims against defendant Wyeth Pharmaceuticals, Inc. are dismissed without prejudice.
This Judgment Filed and Entered on July 20, 2016, and Copies To:
Edward K. Wood, Jr. (via CM/ECF Notice of Electronic Filing)
Joseph A. Schouten (via CM/ECF Notice of Electronic Filing)
A. Charles Ellis (via CM/ECF Notice of Electronic Filing)
Dana C. Lumsden (via CM/ECF Notice of Electronic Filing)
Kimberly B. Martin (via CM/ECF Notice of Electronic Filing)
Amanda J. Turnage (via CM/ECF Notice of Electronic Filing)
Kirk G. Warner (via CM/ECF Notice of Electronic Filing)
Carla R. Karp (via CM/ECF Notice of Electronic Filing)
Christopher R. Kiger (via CM/ECF Notice of Electronic Filing)
Glenn S. Kerner (via CM/ECF Notice of Electronic Filing)
Nilda M. Isidro (via CM/ECF Notice of Electronic Filing)

Leslie C. Packer (via CM/ECF Notice of Electronic Filing)
Beth S. Rose (via CM/ECF Notice of Electronic Filing)
Nora F. Sullivan (via CM/ECF Notice of Electronic Filing)
Vincent R. Lodato (via CM/ECF Notice of Electronic Filing)
July 20, 2016

JULIE RICHARDS JOHNSTON, CLERK
/s/ Christa N. Baker
(By) Christa N. Baker, Deputy Clerk