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17-618 - Engel v. R.J. Reynolds Tobacco Company, et al.,


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17-618 - Engel v. R.J. Reynolds Tobacco Company, et al.,
May 16, 2017
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MEMORANDUM and ORDER signed by Senior Judge William B. Shubb on 5/16/2017 re 7 Defendants' Motion to Dismiss: IT IS ORDERED that defendant's Motion to dismiss for failure to join a necessary party be, and the same hereby is, GRANTED. IT IS FURTHER ORDERED that defendants' Motion to dismiss for failure to state a claim and conflict preemption be, and the same hereby is, DENIED AS MOOT. IT IS FURTHER ORDERED that Exhibit 1 to defendants' Motion to dismiss (Docket No. 7-2) be, and the same hereby is, STRICKEN. Plaintiff has twenty days from the date this Order is signed to file a First Amended Complaint, if he can do so consistent with this Order. (Kirksey Smith, K)