D'APUZZO v. JOHN DOE NOS. 1 THROUGH 20 et al

Filing 21

ORDER THAT DEFENDANT'S MOTION TO DISMISS IN C.A. 07-4963 IS GRANTED; THE COMPLAINT IS DISMISSED AND PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT WITHIN 20 DAYS. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 9/7/2011; 9/8/2011 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 1746 IN 07-MD-1871). (tjd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
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IN RE: AVANDIA MARKETING, SALES
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PRACTICES AND PRODUCTS
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LIABILITY LITIGATION
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THIS DOCUMENT APPLIES TO:
RICHARD V. D’APUZZO
on behalf of himself and all others similarly
situated
v.
SMITHKLINE BEECHAM CORPORATION
d/b/a GLAXOSMITHKLINE

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MDL NO. 1871
07-MD-01871

HON. CYNTHIA M. RUFE
CIVIL ACTION

NO. 07-4963

ORDER

AND NOW, this 7th day of September 2011, upon consideration of Defendant’s Motion
to Dismiss and the responses and replies thereto, it is hereby ORDERED that the Motion is
GRANTED for the reasons set forth in the accompanying Memorandum Opinion. The Second
Amended Complaint is DISMISSED without prejudice; Plaintiff is granted leave to file an
amended complaint within 20 days.

BY THE COURT:

/s/ Cynthia M. Rufe
CYNTHIA M. RUFE, J.