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Westawski v. Merck & Co., Inc.

United States District Court, Eastern District of Pennsylvania

February 4, 2015

JONI WESTAWSKI, Plaintiff,
v.
MERCK & CO., INC. Defendant.

ORDER

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.


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