Cole v. Novartis Pharmaceuticals Corporation

Filing 57

ORDER adopting (6729) Report and Recommendation in case 3:06-md-01760 and (50) Report and Recommendation in case 3:06-cv-00506. Defendant's Motion to Dismiss (6427) in case 3:06-md-01760 and (33) Motion to Dismiss in case 3:06-cv-00506 is GRANTED, and the above-captioned action is DISMISSED. Signed by District Judge Todd J. Campbell on 7/11/13. Associated Cases: 3:06-md-01760, 3:06-cv-00506(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION IN RE: AREDIA and ZOMETA PRODUCTS LIABILITY LITIGATION ) ) ) NO. 3-06-MD-1760 ) JUDGE CAMPBELL ) ) This Document Relates To Case Number: 03-06-0506(Cole) ORDER Pending before the Court are a Report and Recommendation of the Magistrate Judge (Docket No. 6729), Objections filed by the Plaintiff (Docket Nos. 6757 and 6758), and Defendant’s Response to the Objections (Docket No. 6798). Pursuant to 28 U.S.C. § 636(b)(1), Fed. R. Civ. P. 72(b)(3) and Local Rule 72.03(b)(3), the Court has reviewed de novo the Report and Recommendation, the Objections, the Response and the file. The Objections of the Plaintiff are overruled, and the Report and Recommendation is adopted and approved. The Court notes that Plaintiff’s Objections focus primarily on the Magistrate Judge’s May 14, 2013 Order (Docket No. 6674), in which he denied Plaintiff’s second Motion to Substitute. That Order is not before the Court. Neither party appealed that Order within the time period allowed by Fed. R. Civ. P. 72(a). The issue before the Court in the current Report and Recommendation is whether, given denial of the second Motion to Substitute and the fact that there has not been a Plaintiff, proper or otherwise, in this case since Ms. Cole died in 2008, Defendant’s Motion to Dismiss should be granted. The Court agrees with the Magistrate Judge that, under those circumstances, Defendant’s Motion should be granted. Accordingly, Defendant’s Motion to Dismiss (Docket No. 6427) is GRANTED, and the above-captioned action is DISMISSED. IT IS SO ORDERED. ___________________________________ TODD J. CAMPBELL UNITED STATES DISTRICT JUDGE 2

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