United States District Court, Southern District of New York
June 3, 2003
IN RE: REZULIN PRODUCTS LIABILITY LITIGATION.
The opinion of the court was delivered by: Lewis A. Kaplan, District Judge
PRETRIAL ORDER NO. 152
(Pharmacy Motions to Dismiss — Shows)
Defendants Hospital Discount Pharmacy, Inc., Griffin Drugs, Inc. and Sav-On-Drugs move for judgment on the pleadings dismissing the complaint as against them on the ground that it fails to state a claim upon which relief may be granted.
As an initial matter, plaintiffs' suggestion that this Court may not rule on a dispositive motion is frivolous, for the reasons stated previously in Pretrial Order No. 140, among others. Pretrial Order No. 140 (granting motion to dismiss in this action on the ground that there was no reasonable possibility plaintiffs could recover against non-diverse pharmacy defendant); Pretrial Order No. 103.
The complaint fails to state a legally sufficient claim against these defendants in view of the Mississippi learned intermediary doctrine, as is evident from several prior rulings by this Court. E.g., In re Rezulin Prods. Liab. Litig., 133 F. Supp.2d 272, 288-90 & n. 56 (S.D.N.Y. 2001); id. 168 F. Supp.2d 136, 141-42 (S.D.N.Y. 2002); Pretrial Order No. 70 (denying remand in this action on the ground that no material possibility of recovery against non-diverse pharmacy defendant); Pretrial Order No. 90 (granting motion to dismiss by another non-diverse Mississippi pharmacy defendant).
The motions [00 Civ. 2843 — docket items 1081, 1083 and 1085] are granted.
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