Sisk v. Abbott Laboratories
Filing
90
ORDER denying as to Count One and granting as to Counts Two, Three, Four and Five 77 Deft's Motion to Dismiss Pltf's Second Amended Complaint; accepting 89 Memorandum and Recommendations. Signed by District Judge Martin Reidinger on 8/2/12. (ejb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:11cv159
KIMBERLY S. SISK, Individually and as Mother
and Natural Guardian of S.A.S., a Minor,
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Plaintiff,
vs.
ABBOTT LABORATORIES, an Illinois
Corporation,
Defendant.
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ORDER
THIS MATTER is before the Court on the Defendant’s Motion to Dismiss
Plaintiff’s Second Amended Complaint [Doc. 77].
Pursuant to 28 U.S.C. § 636(b) and the Standing Orders of Designation
of this Court, United States Magistrate Judge Dennis L. Howell was
designated to consider this Motion and to submit recommendations for its
disposition.
On June 19, 2012, the Magistrate Judge filed a Memorandum and
Recommendation [Doc. 89] in which he recommended granting the motion to
dismiss in part and denying it in part. The parties were advised that any
objections to the Magistrate Judge's conclusions and recommendations were
to be filed in writing within fourteen days of service of the Recommendation
and that failure to file objections to the Memorandum and Recommendation
would preclude the parties from raising any objection on appeal. [Id., at 21].
The period within which to file Objections expired on July 6, 2012 and no
Objections to the Memorandum and Recommendation have been filed.
Having conducted a careful review, the Court concludes that the
Magistrate Judge’s recommendation is supported by the facts of record and
the law.
Accordingly, the Court hereby accepts the Magistrate Judge's
Recommendation and denies the Defendant’s Motion to Dismiss as to Count
One of the Second Amended Complaint and grants the motion as to Counts
Two, Three, Four and Five.
IT IS, THEREFORE, ORDERED that Defendant’s Motion to Dismiss
Plaintiff’s Second Amended Complaint [Doc. 77] is hereby DENIED in part as
to Count One of the Second Amended Complaint and is hereby GRANTED
as to Counts Two, Three, Four and Five of the Second Amended Complaint.
Signed: August 2, 2012
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