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17-530 - Hepburn v. Boston Scientific Corporation


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17-530 - Hepburn v. Boston Scientific Corporation
May 17, 2018
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otice of Electronic Filing (NEF) by (cjs)MEMORANDUM DECISION AND ORDER - the Court hereby ORDERS: 1. The Motion to Dismiss (Dkt. 4) is GRANTED IN PART and DENIED IN PART as follows: a. The Court DISMISSES WITH PREJUDICE Counts V, VI, VII, IX, and IX. b. The Court DISMISSES WITHOUT PREJUDICE Count VIII (fraud). The Court grants Hepburn leave to amend this claim. c. The Court DENIES the Motion as to Counts I (negligence) and II-IV (products liability); however, the Court permits Hepburn to add additional details to strengthen these claims and to strengthen her asserted injury. d. Hepburn shall have 21 days from the issuance of this Order to file her Amended Complaint. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the N