BOWERMAN v. GLAXOSMITHKLINE LLC et al

Filing 16

ORDER THAT DEFENDANT'S MOTION TO DISMISS IN 12-CV-3463 IS GRANTED; PLAINTIFF'S CLAIMS AGAINST GSK ARE DISMISSED WITH PREJUDICE AS MOOT; PLAINTIFF'S CLAIMS AGAINST STEPHEN L. LAFRANCE PHARMACY, INC. ARE DISMISSED FOR FAILURE TO PROSECUT E WITHOUT PREJUDICE TO PLAINTFF'S RIGHT TO REASSERT HIS CLAIMS WITHIN THE APPLICABLE STATUTE OF LIMITATIONS. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 4/9/2014; 4/11/2014 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 3950 IN 07-MD-1871). (tjd)

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

MDL No.1871
07-md-01871

IN RE: AVAND IA MARKETING, SALES
PRACTICES AND PRODUCTS LIABILITY
LITIGATION

THIS DOCUMENT APPLIES TO:
12-cv-3463

Bowerman v. GSK

ORDER
AND NOW, this 9th day of April 2014, upon consideration of Defendant's Motion to

Dismiss (which the Court converted to a Motion for Summary Judgment), Plaintiffs response
thereto, and Defendant's Reply, and for the reasons set forth in the attached Memorandum
Opinion, it is hereby ORDERED that Defendant's Motion [Doc. No. 2] is GRANTED, and
Plaintiffs claims against Defendant GSK are dismissed with prejudice as MOOT in light of the
Settlement Agreement entered into by Defendant and the Arkansas Attorney General.
It is further ORDERED that Plaintiffs claims against Defendant Stephen L. LaFrance

Pharmacy, Inc. are dismissed, for failure to prosecute, without prejudice to Plaintiffs right to
reassert his claims within the applicable statute of limitations. 1
It is so ORDERED.

BY THE COURT:

1

On March 19, 2014, the Court issued an Order instructing Plaintiff that these claims would be dismissed unless
Plaintiff filed a properly supported Motion for Default or otherwise showed caused why the pharmacy defendant
should not be dismissed within 14 days. Plaintiff has filed no motion or response to the Order.