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)
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
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