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Adkins v. Bristol-Myers Squibb Co.

December 30, 2009

JAMES ADKINS, PLAINTIFF,
v.
BRISTOL-MYERS SQUIBB COMPANY, SANOFI-AVENTIS U.S. L.L.C., SANOFI-AVENTIS U.S., INC., SANOFI-SYNTHELABO, INC., DEFENDANTS.



The opinion of the court was delivered by: Freda L. Wolfson United States District Judge

ORDER

THIS MATTER having been opened to the Court by Defendants Bristol-Myers Squibb Company, Sanofi-Aventis U.S. L.L.C., Sanofi-Aventis U.S., Inc., and Sanofi- Synthelabo, Inc., through counsel Michael A. Tanenbaum, Esq., seeking dismissal of the First Amended complaint of Plaintiff James Adkins ("Plaintiff") for failure to state a claim upon which relief can be granted pursuant to Fed. R. Civ. P. 12(b)(6); Plaintiff, through his counsel Michele A. DiMartino, Esq., having submitted opposition thereto; the Court having considered the moving, opposition, and reply papers filed by the parties; this matter being considered pursuant to Fed. R. Civ. P. 78; for the reasons stated in the Opinion filed on this date, and for good cause shown;

IT IS on this 30th day of December, 2009,

ORDERED that Count VI of Plaintiff's First Amended Complaint, asserting a claim under Tennessee's Consumer Protection Act, is dismissed without prejudice; and it is further

ORDERED that Count V of Plaintiff's First Amended Complaint, i.e., the negligent misrepresentation claim, is dismissed without prejudice.

20091230

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