RUNNER v. C.R. BARD. INC. et al

Filing 17

ORDER THAT THE CLERK OF COURT SHALL TRANSFER THIS CASE FORM OUR CIVIL SUSPENSE DOCKET TO OUR ACTIVE DOCKET. DEFENDANTS' MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS MOTION TO DISMISS IS GRANTED AS TO COUNTS II, III, IV, V, VI, VII, VIII, AND IX. DEFENDANTS' MOTION TO DISMISS IS DENIED AS TO COUNT I. BY NOON ON 6/8/2015 THE PARTIES SHALL JOINTLY ADVISE THE COURT BY FACSIMILE WHETHER MEDIATION BEFORE THE HONORABLE JACOB P. HART WOULD LIKELY BE PRODUCTIVE. FURTHER SCHEDULING SHALL ABIDE RECEIPT OF THE PARTIES' FACSIMILE. SIGNED BY HONORABLE STEWART DALZELL ON 6/3/2015. 6/4/2015 ENTERED AND COPIES E-MAILED.(sg, )

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

JOSEPH RUNNER
v.
C.R. BARD et al.

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:
:
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CIVIL ACTION

NO. 14-5259

ORDER
AND NOW, this 3rd day of June, 2015, upon consideration of the defendants’ motion to
dismiss (docket entry #7) and the plaintiff’s opposition thereto, it is hereby ORDERED that:
1.

The Clerk of Court shall TRANSFER this case from our Civil Suspense docket to

our Active Docket;
2.

Defendants’ motion to dismiss is GRANTED IN PART and DENIED IN PART;

3.

Defendants’ motion to dismiss is GRANTED as to Counts II, III, IV, V, VI, VII,

VIII, and IX1;
4.

Defendants’ motion to dismiss is DENIED as to Count I;

5.

By noon on June 8, 2015 the parties shall jointly ADVISE the Court by facsimile

(215-580-2156) whether mediation before the Honorable Jacob P. Hart would likely be
productive; and
6.

Further scheduling shall ABIDE receipt of the parties’ facsimile.
BY THE COURT:
_/s/ Stewart Dalzell, J.
Stewart Dalzell, J.

1

The plaintiff erroneously misnumbered this Count, for violation of the New Jersey Consumer
Fraud Act, as Count IV.