HARDEE-GUERRA v. SHIRE PHARMACEUTICALS

Filing 12

ORDER THAT DEFENDANT'S MOTION TO DISMISS COUNT V AND COUTN VI OF THE FIRST AMENDED COMPLAINT IS GRANTED AND COUNTS V AND VI ARE DISMISSED. DEFENDANT'S MOTION TO DISMISS COUNT IV OF THE FIRST AMENDED COMPLAINT IS DENIED; PLAINTIFF WILL NOT B E GRANTED LEAVE TO FILE A SECOND AMENDED COMPLAINT AS OUTLINED HEREIN; IT IS FURTHER ORDERED THAT A SCHEDULING CONFERENCE WILL BE CONDUCTED IN DUE COURSE. SIGNED BY HONORABLE JAN E. DUBOIS ON 12/18/2009. 12/21/2009 ENTERED AND COPIES E-MAILED.(ap, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ____________________________________ HEATHER HARDEE-GUERRA Plaintiff, v. SHIRE PHARMACEUTICALS, Defendant. _____________________________________ : : : : : : : : : : CIVIL ACTION

NO. 09-1547

ORDER AND NOW, this 18th day of December, 2009, upon consideration of Defendant's Motion to Dismiss Counts IV Through VI of the First Amended Complaint (Document No. 8, filed September 21, 2009), Plaintiff's Response to Defendant's Motion to Dismiss (Document No. 9, filed October 5, 2009), and Defendant's Reply Brief in Support of Its Motion to Dismiss Plaintiff's First Amended Complaint (Document No. 10, filed October 13, 2009), for the reasons set forth in the Memorandum dated December 18, 2009, IT IS ORDERED that Defendant's Motion to Dismiss Count V and Count VI of the First Amended Complaint is GRANTED, and Counts V and VI are DISMISSED. Defendant's Motion to Dismiss Count IV of the First Amended Complaint is DENIED. IT IS FURTHER ORDERED that plaintiff will not be granted leave to file a second amended complaint, in view of the fact that she was given an opportunity in the First Amended Complaint to cure the deficiencies raised by defendant's first motion to dismiss, which included the grounds on which the Court relied in dismissing Count V and Count VI. -1-

IT IS FURTHER ORDERED that a scheduling conference will be conducted in due course.

BY THE COURT:

/s/ Hon. Jan E. DuBois JAN E. DUBOIS, J.

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