MCKINLEY v. GLAXOSMITHKLINE LLC

Filing 14

ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT BASED ON STATUTE OF LIMITATIONS IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: THE MOTION IS DENIED WITHOUT PREJUDICE WITH RESPECT TO PLAINTIFFS ANN EMMERT (14-517) AND EARL GREGORY (14-1824) ; THE MOTION IS GRANTED IN ALL OTHER RESPECTS; JUDGMENT IS ENTERED IN FAVOR OF GSK AND AGAINST PLAINTIFFS IN ALL CASES EXCEPT 14-517 AND 14-1824 AND THE CLERK IS DIRECTED TO CLOSE ALL CASES IN WHICH JUDGMENT HAS BEEN ENTERED; GSK IS GRANTED LEAVE TO MOVE FOR SUMMARY JUDGMENT WITH RESPECT TO PLAINTIFFS EMMERT AND GREGORY ON ANY APPROPRIATE GROUND THAT MAY EXIST. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 5/16/2014; (Attachments: # 1 CASE LIST) 5/16/2014 ENTERED AND COPIES E-MAILED TO LIAISON COUNSEL. (SEE PAPER # 4012 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
:
__________________________________________:
:
THIS DOCUMENT APPLIES TO:
:
See Attachment A
:

MDL No. 1871
07-md-1871

ORDER
AND NOW, this 16th day of May 2014, upon consideration of Defendant’s Motion for
Summary Judgment based on Statute of Limitations (Doc. No. 3952), to which no response has
been filed, it is hereby ORDERED that for the reasons stated in the accompanying
Memorandum Opinion, the Motion is GRANTED in part and DENIED in part as follows:
1.

The Motion is denied without prejudice with respect to Plaintiffs Ann Emmert

(No. 14-517) and Earl Gregory (No. 14-1824);
2.

The Motion is granted in all other respects;

3.

Judgment is entered in favor of GSK and against plaintiffs in all cases except Nos.

14-517 and 14-1824, and the Clerk of the Court is DIRECTED to CLOSE all the cases in which
judgment has been entered;
4.

GSK is granted leave to move for summary judgment with respect to Plaintiffs

Emmert and Gregory on any appropriate ground that may exist (including the statute of
limitations, as detailed in the accompanying Memorandum Opinion).
IT IS SO ORDERED.
BY THE COURT:
/s/ Cynthia M. Rufe
______________________
CYNTHIA M. RUFE, J.