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In re Prempro Products Liability Litigation

January 4, 2006

IN RE: PREMPRO PRODUCTS LIABILITY LITIGATION
VELBA SUE BANKSTON PLAINTIFF
v.
WYETH, INC., ET. AL. DEFENDANTS



The opinion of the court was delivered by: Wm. R.Wilson, Jr. United States District Judge

ORDER

Pending is Defendant Wyeth's Motion to Dismiss (Doc. No. 11). Plaintiff has responded (Doc. No. 13), and has requested leave to file an amended complaint.

Defendant asserts that the complaint should be dismissed because Plaintiff "does not allege to have ingested any particular hormone therapy drug."*fn1 In her response, Plaintiff admits that her complaint is an example of the "generic, omnidirectional complaints" with which I have previously expressed disfavor. Plaintiff requests permission to amend her complaint and has attached a copy of the proposed amended complaint. I have reviewed the proposed amended complaint and believe it sufficiently states claims against Defendants.

Accordingly, Defendants Motion to Dismiss is DENIED. Plaintiff's motion for leave to file an amended complaint is GRANTED, and Plaintiff is directed to file the amended complaint that was attached to her motion as Exhibit F by 5 p.m., Friday, January 13, 2006.

IT IS SO ORDERED this 4th day of ...


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