Bradley v. Baxter Healthcare Corporation et al

Filing 26

ORDER Accepting 25 Memorandum and Recommendation; granting 9 Defendant Pharmacia & Upjohn Company LLC's Motion to Dismiss. FURTHER ORDERED that the Plaintiff and the remaining Defendant, Baxter Healthcare Corporati on, shall conduct an initial attorneys conference within fourteen (14) days of the entry of this Order and file a certificate of initial attorneys conference within seven (7) days thereafter. Signed by District Judge Martin Reidinger on 11/6/2013. (khm)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:12-cv-00312-MR-DLH

EUGENE ALLEN BRADLEY,

)
)
Plaintiff,
)
)
vs.
)
)
BAXTER HEALTHCARE
)
CORPORATION and PHARMACIA
)
& UPJOHN COMPANY LLC,
)
)
Defendants.
)
________________________________ )

ORDER

THIS MATTER is before the Court on the Defendant Pharmacia &
Upjohn Company LLC’s Motion to Dismiss [Doc. 9] and the Magistrate
Judge’s Memorandum and Recommendation [Doc. 25] regarding the
disposition of that motion.
Pursuant to 28 U.S.C. § 636(b) and the standing Orders of
Designation of this Court, the Honorable Dennis L. Howell, United States
Magistrate Judge, was designated to consider the motion to dismiss and to
submit a recommendation for its disposition.
On October 18, 2013, the Magistrate Judge filed a Memorandum and
Recommendation in this case containing proposed conclusions of law in

support of a recommendation regarding the Defendant’s motion. [Doc. 25].
The parties were advised that any objections to the Magistrate Judge’s
Memorandum and Recommendation were to be filed in writing within
fourteen (14) days of service. The period within which to file objections has
expired,

and

no

written

objections

to

the

Memorandum

and

Recommendation have been filed.
After a careful review of the Magistrate Judge’s Recommendation
[Doc. 25], the Court finds that the proposed conclusions of law are
consistent with current case law. Accordingly, the Court hereby accepts
the Magistrate Judge’s Recommendation that the Defendant’s Motion to
Dismiss should be granted and that all claims asserted against Defendant
Pharmacia & Upjohn Company LLC should be dismissed.

ORDER
IT IS, THEREFORE, ORDERED that the Memorandum and
Recommendation [Doc. 25] is ACCEPTED, the Defendant Pharmacia &
Upjohn Company LLC’s Motion to Dismiss [Doc. 9] is GRANTED, and all of
the Plaintiff’s claims asserted against Defendant Pharmacia & Upjohn
Company LLC are hereby DISMISSED.

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IT IS FURTHER ORDERED that the Plaintiff and the remaining
Defendant, Baxter Healthcare Corporation, shall conduct an initial
attorneys’ conference within fourteen (14) days of the entry of this Order
and file a certificate of initial attorneys’ conference within seven (7) days
thereafter.
IT IS SO ORDERED.

Signed: November 6, 2013

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