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15-468 - Joyce et al v. Davol, Inc. et al


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15-468 - Joyce et al v. Davol, Inc. et al
February 29, 2016
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MEMORANDUM AND ORDER :IT IS HEREBY ORDERED that Defendant C. R. Bard, Inc.'s Motion to Dismiss Plaintiffs Complaint 9 is GRANTED as to Count III (Negligent Manufacture). In all other respects, the motion is DENIED. IT IS FURTHER ORDERED that Defendant Davol, Inc. shall respond to Plaintiffs' Complaint no later than March 29, 2016. IT IS FURTHER ORDERED that because a Rule 16 conference will be set by separate order, Plaintiffs' Motion for Leave to Propound Discovery or, in the Alternative, Request for Scheduling Conference 25 is DENIED as moot. ( Response to Court due by 3/29/2016.). Signed by District Judge John A. Ross on 2/29/16. (KKS)