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

Filing 40

ORDER THAT THE MOTION TO DISMISS IN C.A. 07-4963 IS GRANTED; THE THIRD AMENDED COMPLAINT IS DISMISSED WITH PREJUDICE; THE CLERK IS DIRECTED TO CLOSE THE CASE. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 10/15/2013; 10/16/2013 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 3590 IN 07-MD-1871). (tjd)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

IN RE: AVANDIA MARKETING, SALES
PRACTICES AND PRODUCTS
LIABILITY LITIGATION

MDLN0.1871
07-MD-01871

THIS DOCUMENT APPLIES TO:

HON. CYNTHIA M. RUFE

RICHARD V. D' APUZZO
on behalf of himself and all others similarly
situated

CIVIL ACTION

v.
SMITHKLINE BEECHAM CORPORATION
d/b/a GLAXOSMITHKLINE

NO. 07-4963

ORDER1
AND NOW, this 15th day of October 2013, upon consideration of Defendant's Motion to
Dismiss [Doc. No. 28] and the response and replies thereto, it is hereby ORDERED that the
Motion is GRANTED for the reasons set forth in the accompanying Memorandum Opinion. The
Third Amended Complaint is DISMISSED with prejudice. The Clerk is directed to CLOSE the
case.
It is so ORDERED.

BY THE COURT:

YNTHIA M. RUFE, J.
I

1

i

This memorandum opinion and order replace the memorandum opinion and order issued on July 10, 2013,
and vacated by order dated July 24, 2013.