Dorsett

Proceedings: IN CHAMBERS (No Proceedings Held)

I. INTRODUCTION

This is a products liability case arising from the suicide death of Noe Carrasco, the son of Plaintiff Rosemary Dorsett. Defendant Sandoz, Inc. (“Sandoz”) originally filed this motion on March 27, 2007, as a motion to dismiss on the ground that federal law preempted Plaintiffs claims. On April 2, 2007, the Court granted Plaintiffs ex parte application to convert the motion into a motion for summary judgment and gave Plaintiff additional time to respond. On February 14, 2008, the Court granted Sandoz’s unopposed motion to stay this case pending the Supreme Court’s decision in Wyeth v. Levine, — U.S.-, 129 S.Ct. 1187 , 173 L.Ed.2d 51 (2009). While the case was stayed, the Court granted Plaintiffs motion to temporarily lift the stay to substitute Eli Lilly and Company (“Lilly”) in place of one of the Doe defendants. Plaintiff then filed her operative pleading, the Second Amended Complaint (“SAC”), on January 6, 2009. Wyeth was decided on March 4, 2009 and the Court reopened the case on March 24, 2009. Thereafter, Lilly filed a motion for judgment on the pleadings on statute of limitations grounds, which the Court denied…