United States District Court, Eastern District of Pennsylvania
February 4, 2015
JONI WESTAWSKI, Plaintiff,
MERCK & CO., INC. Defendant.
WENDY BEETLESTONE, J.
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.