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Shelley v. Ethicon, Inc.

United States District Court, Third Circuit

July 10, 2013

RAMONA SHELLEY, Plaintiff,
v.
ETHICON, INC.; and JOHNSON & JOHNSON, Defendants.

ORDER

JAN E. DuBOIS, District Judge.

AND NOW, this 9th day of July, 2013, upon consideration of Defendants Ethicon, Inc. and Johnson & Johnson's Motion to Dismiss or in the Alternative for Partial Summary Judgment (Document No. 6, filed February 19, 2013), and Plaintiff's Answer to Defendant Ethicon, Inc. and Johnson and Johnson's Motion to Dismiss, or in the Alternative, for Partial Summary Judgment (Document No. 8, filed March 18, 2013), for the reasons set forth in the Memorandum dated July 9, 2013, IT IS ORDERED as follows:

1. That part of defendants' Motion which seeks dismissal of all claims against Johnson & Johnson is DENIED.

2. That part of defendants' Motion which seeks dismissal of Counts II and III of the Complaint is GRANTED WITH PREJUDICE.

3. That part of defendants' Motion which seeks dismissal of Count V of the Complaint is GRANTED WITHOUT PREJUDICE to plaintiff's right to file and serve, within fourteen (14) days, an amended complaint consistent with the Memorandum dated July 9, 2013 if warranted by the facts.

4. That part of defendants' Motion which seeks dismissal of Counts IV and VII of the Complaint is DENIED.

IT IS FURTHER ORDERED that a preliminary pretrial conference will be scheduled in due course.


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