WESTAWSKI v. MERCK & CO., INC.

Filing 17

ORDER THAT DEFENDANT'S MOTION TO DISMISS IS DENIED AS TO COUNT I, GRANTED AS TO COUNT II, GRANTED AS TO COUNTS III AND IV. COUNT II OF THE COMPLAINT IS DISMISSED WITH PREJUDICE, COUNTS III AND IV ARE DISMISSED WITHOUT PREJUDICE. PLAINTIFF SHALL HAVE LEAVE TO FILE AN AMENDED COMPLAINT NO LATER THAN 2/25/2015. SIGNED BY HONORABLE WENDY BEETLESTONE ON 2/3/2015. 2/4/2015 ENTERED AND COPIES E-MAILED.(kp, )

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

JONI WESTAWSKI,
Plaintiff,
CIVIL ACTION
v.
NO. 14-3239
MERCK & CO., INC.
Defendant.

ORDER
AND NOW, this 4th day of February, 2015, upon consideration of Defendant Merck &
Co., Inc.’s Motion to Dismiss, ECF No. 7; the Plaintiff’s Response in Opposition thereto, ECF
No. 8; and the Defendant’s Reply, ECF No. 12; and for the reasons provided in the Court’s
memorandum opinion of February 3, 2015, ECF No. 16, IT IS ORDERED that:
(1)

the Defendant’s Motion to Dismiss is DENIED as to Count I;

(2)

the Defendant’s Motion to Dismiss is GRANTED as to Count II; Count II of the
Plaintiff’s Complaint, ECF No. 1, is DISMISSED WITH PREJUDICE;

(3)

the Defendant’s Motion to Dismiss is GRANTED as to Counts III and IV;
Counts III and IV of the Complaint are DISMISSED WITHOUT PREJUDICE;
and

(4)

the Plaintiff shall have leave to file an amended complaint consistent with the
Court’s memorandum opinion; such amended complaint must be filed no later
than February 25, 2015.

BY THE COURT:
/S/WENDY BEETLESTONE, J.
_______________________________
WENDY BEETLESTONE, J.