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STODDARD v. WYETH, INC.

No. 4:08-CV-173-H.

630 F.Supp.2d 631 (2009)

Gary Joseph STODDARD and his wife Patricia Ann Stoddard, Plaintiffs, v. WYETH, INC., Schwarz Pharma, Inc., Pliva USA, Inc., Defendants.

United States District Court, E.D. North Carolina, Eastern Division.

June 24, 2009.

Attorney(s) appearing for the Case

Daniel J. McGlynn, McGlynn & Glisson, APLC, Baton Rouge, LA, P. Jacob Cone, II, Charleston, SC, for Plaintiffs.

Leslie C. O'Toole, Stephen D. Feldman, Ellis & Winters, LLP, Barry S. Cobb, Erin McNeil Young, Yates, McLamb & Weyher, Raleigh, NC, Geoffrey C. Klingsporn, Jeffrey Pilkington, Davis Graham & Stubbs, LLP, Denver, CO, Andrew J. Calica, Henninger S. Bullock, Mayer Brown LLP, New York, NY, Matthew V. Brammer, Tiffany R. Clark, Ulmer & Berne, LLP, Cincinnati, OH, for Defendants.

ORDER

MALCOLM J. HOWARD, Senior District Judge.

This matter is before the court on defendants' motion to dismiss certain claims [DE # 3, 10] and a motion for summary judgment filed by defendants Wyeth, Inc., ("Wyeth") and Schwarz Pharma, Inc., ("Schwarz") [DE # 40]. Plaintiffs responded to the motion for summary judgment, defendants Wyeth and Schwarz have replied, and the time for further filings has expired.1 This matter is...

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