(PS) Holcomb v. Pfizer Inc.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID L. HOLCOMB, SR., No. 1:20-cv-1008-KJM-KJN (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS ON

DEFENDANT’S MOTION TO DISMISS

v. (ECF No. 58.) PFIZER, INC., Defendant. 16 Plaintiff, who proceeds without counsel in this action, seeks monetary damages for injuries allegedly sustained via his use of defendant Pfizer’s drug Lipitor. (See ECF No. 51 (the first amended complaint (“1AC”).) Presently before the court is defendant’s motion to dismiss for a failure to state a claim and request to deny further leave to amend, given that plaintiff was previously granted leave to amend with guidance from the court. (ECF No. 58.) Alternatively, defendant moves for a more definite statement. (Id.) Plaintiff’s son filed an opposition on plaintiff’s behalf, and defendant replied. (ECF Nos. 73, 74.) For the reasons stated below, the court recommends defendant’s motion be granted and this case be closed. /// 27 1 This matter was referred to the…