Allen v. Sun Pharmaceutical Industries, Inc. et al
Filing
39
Memorandum Opinion and Order Defendants Baxter International Inc. and Baxter Healthcare Corporation's Joinder in Defendant West-Ward Pharmaceutical Corp.'s Motion for Judgment on the Pleadings (ECF No. 35 ) is granted. Defendants Su n Pharmaceutical Industries, Inc. and Caraco Pharmaceutical Laboratories Ltd.'s Motion for Judgment on the Pleadings (ECF No. 30 ) and Defendant West-Ward Pharmaceutical Corp.'s Motion for Judgment on the Pleadings (ECF No. 31 ) are grant ed. All of Plaintiff's claims are hereby dismissed as preempted by PLIVA, Inc. v. Mensing, ---U.S.----, 131 S.Ct. 2567, 180 L.Ed.2d 580 (2011); Fulgenzi v. PLIVA, Inc., --- F.Supp.2d ----, No. 5:09CV1767, 2012 WL 1110009, at *1 (N.D.Ohio March 31, 2012). Judge Benita Y. Pearson on 10/31/2012. (S,L)
PEARSON, J.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
EASTERN DIVISION
RAYMOND ALLEN SR., etc.,
Plaintiff,
v.
SUN PHARMACEUTICAL
INDUSTRIES, INC., et al.,
Defendants.
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CASE NO. 1:10CV0721
JUDGE BENITA Y. PEARSON
MEMORANDUM OF OPINION
AND ORDER
[Resolving ECF Nos. 30, 31, and 35]
This action is before the Court upon the following motions:
Defendants Sun Pharmaceutical Industries, Inc. and Caraco Pharmaceutical
Laboratories Ltd.’s Motion for Judgment on the Pleadings (ECF No. 30), filed on
August 21, 2012;
Defendant West-Ward Pharmaceutical Corp.’s Motion for Judgment on the
Pleadings (ECF No. 31), filed on August 31, 2012; and
Defendants Baxter International Inc. and Baxter Healthcare Corporation’s Joinder in
Defendant West-Ward Pharmaceutical Corp.’s Motion for Judgment on the Pleadings
(ECF No. 35), filed on September 24, 2012.
The Court has been advised, having reviewed the record, the parties’ briefs and the applicable
law. The Court has also considered the oral statements of counsel offered during the Telephonic
Conference held on October 2, 2012.
Plaintiff was given time to obtain new counsel, who should have served and filed an entry
of appearance on or before October 16, 2012 . See Order (ECF No. 37) at 1. While Plaintiff did
call the Court on October 16, 2012 to indicate that two attorneys from a law firm with an office
(1:10CV0721)
located in Cincinnati, Ohio would be entering an appearance on his behalf, no attorney has done
so to date.
Plaintiff was also granted an extension of time until October 16, 2012 to serve and file a
memorandum in opposition to the pending motions. ECF No. 37 at 2. The docket reflects that
Plaintiff has not filed a memorandum in opposition to the pending motions nor has he requested
an additional extension of time to do so.
Defendants Baxter International Inc. and Baxter Healthcare Corporation’s Joinder in
Defendant West-Ward Pharmaceutical Corp.’s Motion for Judgment on the Pleadings (ECF No.
35) is granted.
Defendants Sun Pharmaceutical Industries, Inc. and Caraco Pharmaceutical Laboratories
Ltd.’s Motion for Judgment on the Pleadings (ECF No. 30) and Defendant West-Ward
Pharmaceutical Corp.’s Motion for Judgment on the Pleadings (ECF No. 31) are granted. All of
Plaintiff’s claims are hereby dismissed as preempted by PLIVA, Inc. v. Mensing, ---U.S.----, 131
S.Ct. 2567, 180 L.Ed.2d 580 (2011); Fulgenzi v. PLIVA, Inc., --- F.Supp.2d ----, No.
5:09CV1767, 2012 WL 1110009, at *1 (N.D.Ohio March 31, 2012).
The Clerk of Court shall issue a copy of this Order to Raymond Allen, Sr., 534 Hall St
NW, Warren, Ohio 44483 and P.O. Box 273, Steele, Alabama 35987.
IT IS SO ORDERED.
October 31, 2012
Date
/s/ Benita Y. Pearson
Benita Y. Pearson
United States District Judge
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