HOLLANDER v. ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC.

Filing 20

ORDER THAT DEFENDANT'S MOTION TO STAY IS DENIED. DEFENDANT'S MOTION TO DISMISS IS GRANTED. PLAINTIFF'S COMPLAINT IS DISMISSED WITHOUT PREJUDICE. ACCORDINGLY, PLAINITFF MAY SUBMIT AN AMENDED COMPLAINT THAT COMPLIES WITH FRCP 9(b) ON OR BEFORE 11/22/10. SIGNED BY HONORABLE RONALD L. BUCKWALTER ON 10/21/10. 10/22/10 ENTERED AND COPIES E-MAILED.(mbh, )

HOLLANDER v. ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC.

Doc. 20

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

BENTLEY A. HOLLANDER, Plaintiff, v. ORTHO-McNEIL-JANSSEN PHARMACEUTICALS, INC. Defendant.

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CIVIL ACTION

NO. 2:10-cv-00836-RB

ORDER AND NOW, this 21st day of October, 2010, upon consideration of the Motion of Defendant Ortho-McNeil-Janssen Pharmaceuticals, Inc. to Stay, or in the Alternative, Dismiss Plaintiff's Complaint (Docket No. 13), the Response of Plaintiff Hollander (Docket No. 14), the Defendant's Reply (Docket No. 15), Plaintiff's Sur-Reply (Docket No. 16), and the Defendant's Response (Docket No. 17) and Notice of Supplemental Authority (Docket No. 18), it is hereby ORDERED as follows: 1. 2. 3. Defendant's Motion to Stay (Docket No. 13) is DENIED. Defendant's Motion to Dismiss (Docket No. 13) is GRANTED. Plaintiff's Complaint is dismissed without prejudice. Accordingly, Plaintiff may submit an amended complaint that complies with Federal Rule of Civil Procedure 9(b) on or before November 22, 2010. Failure to submit an amended complaint may, upon motion of defendant, result in dismissal with prejudice.

It is so ORDERED. BY THE COURT:

s/ Ronald L. Buckwalter RONALD L. BUCKWALTER, S. J.

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