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16-1137 - Burnett v. GlaxoSmithKline LLC. et al


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16-1137 - Burnett v. GlaxoSmithKline LLC. et al
August 10, 2016
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REPORT AND RECOMMENDATION that: 1. Plaintiffs' motion for dismissal without prejudice under Federal Rule of Civil Procedure 41(a)(2) (ECF No. 5) be GRANTED. Plaintiff Julie Burnett's second motion for dismissal without prejudice under Rule 41(a)(2) (ECF No. 31) be DENIED AS MOOT. 2. Defendants Target and McKesson's joint motion for an extension of time to answer or otherwise respond to the plaintiff's amended complaint and to stay all proceedings pending transfer to an MDL proceeding (ECF No. 7) be DENIED AS MOOT. 3. This matter should be DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(a)(2). Signed by Magistrate Judge Katherine M. Menendez on 8/10/2016. (lmb) cc: Plaintiffs.
September 9, 2016
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ORDER adopting Report and Recommendations 46: 1. Plaintiff's motion for dismissal without prejudice under Federal Rule of Civil Procedure 41(a)(2) [Docket No. 5] is GRANTED. Plaintiff Julie Burnett's second motion for dismissal without prejudice under Rule 41(a)(2) [Docket No. 31] is DENIED as moot. 2. Defendants Target Corporation and McKesson Corporation's joint motion for an extension of time to answer or otherwise respond to Plaintiffs' amended complaint and to stay all proceedings pending transfer to an MLD proceeding [Docket No. 7] is DENIED as moot. 3. This matter is DISMISSED WITHOUT PREJUDICE pursuant to Rule 41(a)(2). (Written Opinion) Signed by Judge Joan N. Ericksen on September 9, 2016. (CBC) (cc: Burnett) Modified on 9/12/2016 (AKL).