Gladys MENSING, Plaintiff,
v.
WYETH, INC. (d/b/a Wyeth); Schwarz Pharma, Inc.; Pliva, Inc.; Teva Pharmaceuticals, USA, Inc.; Alpharma, Inc., d/b/a Alpharma Pharmaceuticals; UDL Laboratories, Inc.; Actavis Elizabeth, LLC, and Purepac Pharmaceutical Co.; and the following fictitious party defendants (whether singular or plural, individual or corporate): No. 1, that entity which originally obtained permission from the U.S. Food and Drug Administration to market the drug branded Reglan; No. 2, that entity which obtained permission from the FDA to market the Reglan, metoclopramide and/or metoclopramide HCI ingested by Gladys Mensing; No. 3, that entity which originally manufactured and sold any Reglan which was ultimately ingested by Gladys Mensing: No. 4, that entity which originally manufactured and sold any Reglan, metoclopramide and/or metoclopramide HCI which was ultimately ingested by Gladys Mensing: No. 5, that entity which marketed Reglan or generic metoclopramide and/or metoclopramide HCI, jointly and individually, Defendants.
United States District Court, D. Minnesota.https://leagle.com/images/logo.png
June 17, 2008.
June 17, 2008.
Attorney(s) appearing for the Case
Daniel J. McGlynn, Esq., Minneapolis, M, and Patty F. Trantham, Esq., McGlynn, Glisson & Koch, APLC, Baton Rouge, LA; and Lucia J.W. McLaren, Esq., and Michael K. Johnson, Esq., Goldenberg & Johnson, PLLC, Minneapolis, MN, for Plaintiffs.
Bridget M. Ahmann, Esq., and Erin M. Verneris, Esq., Faegre & Benson LLP; Minneapolis, MN, and Jeffrey R. Pilkington, Esq., and Tom Wagner, Esq., Davis, Graham & Stubbs, LLP, Denver, CO, for Defendant Wyeth, Inc.
Andrew J. Calica, Esq., and Henninger S. Bullock, Esq., Mayer Brown, LLP; New York City, and Erin M. Verneris, Esq., and Bridget M. Ahmann, Esq., Faegre & Benson LLP, Minneapolis, MN, for Defendant Schwartz Pharma, Inc.
Joseph P. Thomas, Esq., Matthew V. Brammer, Esq., Rex A. Littrell, Esq., Cincinnati, OH, and Tiffany Reece Clark, Esq., Ulmer & Berne LLP; and Jan R. McLean, Esq., Sacramento, CA, Tracy J. Van Steenburgh, Esq., and Dana M. Lenahan, Esq., Halleland Lewis Nilan & Johnson PA, Minneapolis, MN, for Defendants PLIVA, Inc.
David L. Hashmall, Esq., Fellhaber Larson Fenlon & Vogt, PA, Minneapolis, MN, for Defendants Teva Pharmaceuticals USA, Inc. and UDL Laboratories, Inc.
Bradley J. Linderman, Esq., and Michael D. Hutchens, Esq., Meagher & Geer, PLLP; Minneapolis, MN, and Richard A. Dean, Esq., Tucker Ellis & West, Cleveland, OH, for Defendants Alpharma Inc., Actavis Elizabeth, LLC, and Purepac Pharmaceutical Co.
United States District Court, D. Minnesota.
MEMORANDUM OPINION AND ORDER
DONOVAN W. FRANK, District Judge.
INTRODUCTION
This matter is before the Court on a Motion to Dismiss brought by Actavis Elizabeth, LLC ("Actavis"); a Motion to Dismiss or for Summary Judgment brought by Pliva, Inc. ("Pliva"); and a Motion for Relief Under Fed.R.Civ.P. 56(f) brought by Plaintiff Gladys Mensing. For the reasons stated below, the Court grants Actavis's and Pliva's motions and denies Plaintiffs motion...
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